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Home My WebLink About02-23-2016 City Council Packet CITY OF OAK PARK HEIGHTS TUESDAY, FEBRUARY 23, 2016 CITY COUNCIL MEETING AGENDA 7:00 P.M. 7:00 p.m. I. Call to Order/Pledge of Allegiance/Approval of Agenda Estimated times 7:05 p.m. II. Council/Staff Reports A. Mayor McComber B. Councilmember Dougherty C. Councilmember Liljegren D. Councilmember Runk F. Councilmember Swenson F. Staff i Recycling Award (pg. 3) 7:10 p.m. 111. Visitors/Public Comment A. Request from the WCHRA— Economic Development Capacity (pg. 5) This is an opportunity for the public to address the Council with questions or concerns on issues not part of the regular agenda(Please limit comments to 3 minutes in length). 7:15 p.m. IV. Consent A eg nda(Roll Call Vote) A. Approve Bills & Investments B. Approve City Council Minutes—February 9, 2016 (pg. 37) C. Approve Resolution—Housing Refund Note—Green Twig Villas (pg. 41) D. Award the Winter 2016 Tree Pruning and Removal Project to St. Croix SavATree (Pg. 53) 7:15 p.m. V. Public Hearings None 7:15 p.m. VL Old Business None 7:15 p.m. VII. New Business A. Pizza Ranch—Conditional Use Permit/Variance/Platting/Design Guidelines and Site Plan Review, 58th Street and Memorial Ave. (pg. 79) B. Consider New Graphics for Police Vehicles (pg. 149) C. Appointment of Full Time New Hire Police Officer—Conditional Offer (pg. 151) D. Consider the AirB&B (pg. 153) 7:30 p.m. XIII. Other Council Items or Announcements 7:30 p.m. IX. Adjournment. Page 1 of 158 THIS PAGE IS INTENTIONALLY LEFT BLANK Page 2 of 158 e w %Te Oak Park Heights Request for Council Action Meeting Date February 23, 2016 Agenda Item Recycling Award Time Req. 0 Agenda Placement Staff Reports Originating Department/Requestor A nistration/Jennifer Pinski Requester's Signature Action Requested Receive Information Background/Justification (Please indicate any previous action has been taken or if other public bodies have been advised). See Attached. Page 3 of 158 City of Oak Park Hei hts 14158 Oak Park Blvd. N.B.)(2007-Oak Park Heights,MN 55082.Phone(651)439-4439•Fax(651)439.0574 February 18, 2016 Brian and Jocelyn Wiedow 14175 5411 Street North Oak Park Heights, MN 55082 Dear Mr. and Mrs. Wiedow: Thank you for participating in the City's recycling program. As an incentive to recycle and to increase fire prevention awareness, the City rewards two residents each month with their choice of an award of $25.00 or a fire extinguisher and/or smoke detector(s). Your residence was checked on Thursday, February 18, 2016, to determine if you had your recycling bin out with your regular garbage. Your recycling was out and ready for collection; therefore, you are one of this month's winners. Please contact me at 439-4439 to let me know your choice of award. On behalf of the Oak Park Heights City Council, thank you for participating in the City's recycling program. Congratulations! r ennifer Pinski City Clerk TREE CITY U.S.A. Page 4 of 158 , n Oak Park Heights Request for Council Action Meeting Date February 23d, 2016 Time Required: 10 Minutes Agenda Item Title: Request from the W.CI IRA -Economic Development Capacity. r Agenda Placement Visitor's Secti" x Originating Department/Req v stor Eric_Johnson, Cib Administrator Requester's Signature Action Requested P 'ntatio' Discussion/Passible Action. /iindicate Background/Justification(Pie if any previous action has been taken or if other public bodies have advised): Please see attached memo. Page 5 of 158 d 4 • City of Oak Park Heights 14168 Oak Park Blvd. N•Box 2007•Oak Park Heights,MN 55082•Phone(651)439-4439•Fax(651)439-0574 February 19, 2016 MEMO TO: City Council Memb FROM: Eric Johnson, Ci Admi stat f RE: WCHRA Proposal for Economi evelopment Capacity The City is being asked to consider the passag ofa supporting resolution that would advocate for certain economic development powers be conveyed to the Was ington County Housing and Redevelopment Authority. Ms. Melissa Taphorn from the WCHRA will be present at the City Council meeting on 2123116 to provide more details about the request. In the interim please review the following: 1. Summary Memo dated 1/26116 from the WCHRA 2. Latest Legislative Proposal 3. County Strategic Economic Development Plan-2014 4. Draft Resolution with CITY STAFF EDITS—shown in"redline";clean version Philosophically, it would seem reasonable that the Washington County have a role in realm of economic development as there currently is no County entity that acts as a direct advocate for economic development, business development or retention. This type of role of a County in economic development is actually fairly commonplace. Activities could range from being a simple information clearing-house to being a direct actor in project implementation. This will also largely depend on the person hired and as it forms its policies over the coming years. At this time, I cannot explicitly state that there would be direct issues with this moving forward. It should be noted that much of the proposed language does clearly reserve several local governmental rights and capacities relative to activities within its band it does not appear the WCHRA is seeking to assume City roles or be duplicative. Staff will continue to explore this. There will of course be challenges in how this actually unfolds, including concerns of parochialism -- where the WCHRA may be viewed as advocating one city needs versus another; that WCHRA activities and positions being at disparate perspectives with a city and/or will the WCHRA become another agency to which the cities would need to compete with, or report to, relative to grant funding or other concerns. None of these of course can be deeply understood at this time and until it is demonstrated that these are actually occurring, having an economic development authorities can be positive and a valuable partner to complete or advocate for County-wide projects for which there can be a collective benefit. The City is of course not obligated to take a position on this matter, but if that is the desire of the City Council, City Staff suggests the embedded edits as shown in the Resolution so as to clarify that the City first sees its internal economic development needs as a primary goal. And secondly, that there is no ambiguity in any current or prior action that may have conveyed any authority from the City to another party. Page 6 of 158 Memo To: Oak Park Heights City Council fffr, Frorm Barbara Dacy, Executive Director Melissa Taphorn, Deputy Executive Director Date: January 26, 2016 RE: Proposed Legislation to Add Economic Development Powers to Washington County HRA The Washington County Housing and Redevelopment Authority (HRA) has drafted legislation to amend its enabling law to add economic development powers and requests that the City of Oak Park Heights support a proposed bill (Attachment A) to be introduced during the 2016 legislative session. The proposed bill to empower the HRA to undertake economic development activities has been identified as part of the 2016 legislative agendas for both Washington County and Washington County HRA. Background In 2014, Washington County developed an Economic Development Strategic Plan with the help of a work group consisting of city economic development practitioners and community representatives. The Plan defines the County's role in economic development, establishes guiding policy principles, and identifies specific strategies and goals. In 2015, the County Board determined the Washington County HRA to be the best organizational structure to be responsible for county-wide economic development activities. The Board recommended further that the agency should be renamed to the Washington County Community Development Agency (CDA) to reflect the full scope of responsibilities. Implementing the Washington County Economic Development Strategic Plan Guiding Principles It is envisioned that the Washington County GDA will fill a vital role in coordinating county-level economic development activities and will support communities in the county in working towards their individual economic development goals. The Washington County CDA will also act as the contact with Greater MSP, while promoting and providing access to federal, state, regional, and local economic development programs. The Washington County CDA would adhere to the following economic development guiding principles identified in the Strategic Plan: ® The private sector is the lead that drives the economy. ® The county will not duplicate or replace the work of cities and other public agencies. • The County supports a. strong collaborative approach to economic development. ® Business attraction and business retention are essential policy objectives. ® The diversity of the County requires an adaptable and open-minded approach. • A deliberate, purposeful and strategic plan is required. lax 651.458.1b96 I tcl. 6,1A38.0936 1 %vvvvv.wclara.cc_)m 1 7045 C:arrcll Boulc\and 1 WoodbLUN•, MN 55125 1 Page 7 of 158 Establishing the Washington County GDA The Washington County HRA was created in 1980 under a special enabling law. In order to carry out the recommendation of the 20+ member work group and add economic development powers to the HRA, this enabling law must be amended. The proposed bill will add to the HRA the powers of an economic development authority and will formally establish the Washington County CDA. The proposed bill follows the same process taken by CDAs established in Dakota, Scott, and Carver counties. Goals and Benefits of Proposed Bill Goals The proposed bill to amend the HRA's enabling law was drafted to fulfill the following goals: • Add powers to enable the County to address economic needs. • Provide flexibility to determine the nature and extent of economic development activities given the diversity of municipalities, large and small. • Maintain current level of control by County Board over levy authorization. • Complement programs of municipal economic development authorities and not impede their activities. • Confer consistent geographic jurisdiction, defined as the boundaries of Washington County, for both HRA and EDA activities. Benefits Adoption of the proposed bill will empower the HRA with the authority necessary to undertake the following Economic Development Strategic Plan goals, which are not currently provided in its existing enabling law: • Implement county marketing and public relations programs. • Implement any economic development studies needed as a basis to document need for financial assistance programs. • Implement financial assistance programs for economic development purposes. Key Aspects of the Proposed Bill Key aspects of the proposed bill include naming of the agency, detemnining levy authority, establishing relationship to municipal economic development authorities, offering tax-forfeited lands to the CDA, and identifying limitations requiring County Board approval. Agency Renaming In order to adequately represent the combined housing, redevelopment and economic development powers to be bestowed, it is proposed the HRA be renamed the Washington County Community Development Agency (CDA). While this term is not defined in statute, the CDA nomenclature has been adopted by Dakota, Carver and Scott counties in their respective enabling laws. The consistency in terminology across the Minneapolis-St. Paul metropolitan area provides for greater recognition and understanding of a county CDA. 2 Page 8 of 158 Levy Authority State Statute permits special levying authority for housing and redevelopment authorities up to 0.0185% upon all taxable property, subject to the consent by resolution of the governing body. In addition, a county may, at the request of an economic development authority, levy a tax of up to 0.01813% upon all taxable property. The EDA levy rate may be increased upon following a procedure detailed in state statutes. The proposed bill, however, retains the County Board consent process currently in place for establishing the levy rate and amount under the HRA limits in section 469.033, subd. 6, and, it waives EDA tax levying authority under section 469.107. But, the proposed language reserves the right to levy the higher of the HRA or EDA permissible rates, as they may be determined by the legislature. This provides the County with future flexibility should there be a program or issue that the County determines is appropriate for this purpose. On an annual basis, the HRA Board has prepared a levy request, within its annual budget, of sufficient size to complete its strategic priorities and financial obligations for approval from the County Board. Under the amended enabling law, the CDA would follow the same process in proposing an annual levy request and obtaining the consent of the County Board. Municipal Economic Development Authorities The HRA's current enabling law requires municipal approval prior to the HRA undertaking a housing development. The proposed bill maintains this requirement and adds the municipal approval requirement prior to exercising economic development powers. Offer of Tax Forfeited Land When the County receives real property through the tax forfeiture process, it may determine the property to be appropriate for a housing, redevelopment, or economic development purpose. Currently, the HRA must purchase forfeited parcels in the same process as the general public. The proposed bill adds that such parcels "may" be offered to the CDA in the same manner it would be offered to a County department with justification of public purpose. Composition of CDA Board The proposed bill offers no change in board composition. The HRA Board is currently composed of seven members: five appointees representing each County district, a representative of the County Board of Commissioners, and a representative of the HRA's public housing and/or rental assistance residents. Next Steps Staffing The HRA will hire a full-time Economic Development Director. The director will work closely with municipalities to supplement and complement their economic development programs and projects. The director will lead county-wide economic development efforts and manage county- wide financial assistance programs. Page 9 of 158 Passage of the Proposed Bill The HRA and County are in the process of identifying authors in the both the Minnesota Senate and House of Representatives. The proposed bill is not expected to be controversial if supported by municipalities in Washington County. County Resolution Upon passage of the proposed bill, the County Board will need to pass a resolution to formally confer the EDA powers on the HRA. The resolution will further identify any limitations of EDA powers the County may wish to impose on the CDA. Recommendation The HRA requests support for the proposed bill by adopting the attached resolution. 4 Page 10 of 158 Laws 1974, Chapter 475, section 1, is amended to read: Section 1. WASHINGTON COUNTY; COMMUNITY DEVELOPMENT AGENCY HOUSING AND REDEVELOPMENT AUT-14OWTV. There is created in Washington county a public body,corporate and politic, to be known as the Washington county �d redevelopment +h„ community development agency, having all the powers and duties of a county authority under the provisions of Minnesota Statutes, sections 469.001 to 469,047, and all powers of a county housing and redevelopment authority under any other provisions of Minnesota law. a*d Sections 469.001 to 469.047 and 469.090 to 469.1081 apply to the county of Washington. For purposes of applying sections 469.090 to 469.1081 to Washington county, notwithstanding Minnesota Statutes, section 469.090_ subdivision 3, "city " means county and "city council" means county board. Laws 1974, chapter 475, section 2, subdivision 1, is amended to read: Subdivision 1. This act shall not limit or restrict any existing housing and redevelopment authority or city economic development authority. The jurisdiction and area of operation of the Washington county community development agency nous,.,g an r-ede,Felepnei# autheri4y includes all of the area within the territorial boundaries of the county and includes the areas within the boundaries of every city in the county and the areas of operation of city housing and redevelopment authorities and city economic development authorities in the county, whenever created, and notwithstanding any provision of Minnesota Statutes, sections 469.005, subdivision 1, or 469.008, subject, however, to Section 3. The jurisdiction and area of operation of the Washington county community development agency housing and rydevelepmef A aiat or-it., shall not be affected by any concurrence by the Washington county community development aagencY under section 469.004, subdivision 5. Laves 1974, chapter 475, section 2, subdivision 2, is amended to read: Subdivision 2. A municipal housing and redevelopment authority may request the Washington county community development agency to handle the housing duties of the authority and, in such an event, the Washington county community development agency housing and redevelopment atAhof4y shall act and have exclusive jurisdiction for housing in the municipality pursuant to the provisions of the municipal housing and redevelopment act, Minnesota Statutes, sections 469.001 to 469.047 462 -to 462.711, and acts amendatory thereof. A transfer of duties relating to housing shall not transfer any duties relating to redevelopment. Laws 1974, chapter 475, section 2, is amended by adding a subdivision to read: Subdivision 2a. The governing body of a statutory or home rule charter city or township with an existing municipal economic development authority may request the Washington county coninlunity development_agency to handle the economic development. housing,or redevelopment duties of the authority and. in such an event. the Washington county community development ap-ency shall act and have exclusive jurisdiction for economic development, housi-lig or redevelopment duties in the city or township pursuant to the provisions of the economic development authorities act, Minnesota Statutes, sections 469.090 to 469.1081. eti�1 to 462,711 Page 11 of 158 Laws 1974, chapter 475, section 2 is amended by adding a subdivision to read: Subdivision 4. Washington coun1l community development aenc . (a) The Washington county housing and redevelopment authority shall be known as the Washington county community development agency. In addition to the other powers granted in this section, the Washington county community development agency shat l have the powers of an economic development authority under sections 469.090 to 469.1081 that are g.raiited to the aaencv by resolution adopted by the Washington county board of commissioners. except as provided in paragraph (b). Tlie enabling resolution may impose the limits upon_the actions of the agency that are listed in p4mgWh (c). The agency.glay exercise any of the owersr n c to it under sections 469.001 to 469.047 and any of the powers of an economic development authority granted to it by the Washington county board of commissioners for the purposes described in these sections. (b) The Washington county community development agency may not levy the tax described in section 469.107, but with the approval of the Washington county_ board may increase its levy of the special tax described in section 469,033. subdivision 6. to mlv higher limit authorized under section 469.107. The money in the housing and redeyelo merit project find under section 469.033. subdivision 6, may be expended by the Washinp-ton county community development agency for the purposes of sections 469.001 to 469.047 or sections 469.090 to 469.1081. (c) The enabling resolution may impose the limits upon the actions of the agency as may be imposed by a municipality under section 469.092. except that the resolution adopted under paragraph (a) may not impose any limitations on the authority's exercise of its powers under sections 469.001 to 469.047. d Section 469.1082 does not qpply to the county of Washington. Laws 1974, chapter 475, section 2, is amended by adding a subdivision to read: Subdivision. 5. Offers of tax-forfeited lands. Notwithstanding any other law, Washington county may offer to the Washington county community development agency, under the conditions and policies established by the county, nonconservation tax-forfeited land prior to malting the properties available to cities in Washingtota county_ Laws 1974, chapter 475, section 3 is amended to read: Sec. 3. MUNICIPAL APPROVAL. Subdivision 1. Housing and redevelopment projects. if any housing or redevelopment project is undertaken in Washington county pursuant to this authorization, and the project is within the boundaries of any statutory or home rule charter city or township, the project and the location of the project shall be subject to approval by the governing body of the city or township. Page 12 of 158 The procedures in section 469.007, subdivision 2, shall apply to the governing body project and location approvals required by this section. Subdivision 2. Economic_dev_elopment projects. If any development district or economic development---project is undertaken in Washington county pursuant to this authorization and the Project is within the boundaries of any statutor or home rule charter city or it - or toxvnshi the.,project shall be subject to the planniwa, zoninu, sanitai-v, and building laws ordinances, and regulations applicable to the locality in which the project is situated, Additionally. unless such city or township has authorized the Washin ton county comnuInity development agency to exercise exclusive Jurisdiction lo for economic devemeat duties purstiant to Laws 1974. chapter 475, section ?, subdivision 2a. a5 amended then prior to the exercise of any-powers under Minnesota Statutes. sections 469.090 to 469.108 1, within the boundaries of the city or township with respect to a proposed development district or economic development project or proposed development district or economic development project site, the development district or economic_development project and the location of the project must be authorized by resolution of the governin body of the city or township with respect to each identified parcel of property. EFFECTIVE DATE. This section is effective the day after the governing body of Washington county and its chief clerical officer timely complete their compliance with Minnesota Statutes, section 654.021, subdivisions 2 and 3. 820053.DOCX Page 13 of 158 Washington County Washinbton County Board of Commissioners Economic Development Strategic Plan May 6, 2014 Economic Development. A Washington County Strategic Initiative What is Economic Development? Economic development has different meanings to different people. The County Board believes the International Economic Development Council (IEDC) definition is appropriate for Washington County's unique mix of social, geographic,political and economic qualities: No single definition incorporates all of the different strands of economic development. Typically economic development can be described in terms of objectives. These are most commonly described as the creation of jobs and wealth, and the improvement of the quality of life. Economic development can also be described as a process that influences growth and restructuring of an economy to enhance the economic well-being of a community. The main goal of economic development is to improve the economic well-being of a community through efforts that entail job creation,job retention, tax base enhancements and quality of life. As there is no single definition for economic development, there is no single strategy, policy or program for achieving successful economic development in Washington County. Thus the plan laid out in this document is developed from a comprehensive and broad-based perspective. Through implementation of this strategic plan the County anticipates achieving the following short-term goals over the next 1-2 years: 1. Establish a single point of contact for economic development within the County government.. 2. Update County tax-increment financing and tax abatement policies. 3. Incorporate economic development impacts and considerations into county decision making. 4. Expand County role in marketing the County. 1 Page 14 of 158 5. Establish working relationships with state, regional, and local entities working on business retention and growth within the County. 6. Convene practitioners and other stakeholders to address barriers and opportunities and to encourage free flowing communication. 7. Assert a stronger voice at the legislature in advocating for sound economic policies and authorities. This document presents the draft of an Economic Development Strategic Plan for Washington County,Minnesota. The Strategic Plan consists of the following nine sections. Section I Introduction Section II Planning Process Section III Washington County's Economy Section IV County Mission,Vision and Goals Section V Policy and Principles Section VI Strategies,Outcomes, and Structure Section VII Implementation Section VIII Appendices n �7 ,E�� rya The Washington County Board engaged Springsted, Incorporated to prepare a Washington County Economic Development Strategic Plan. The plan focused on the following two elements: 1) Recommend an appropriate expanded role for Washington County including recommending a viable structure for carrying out that role; and 2) Develop high-level strategies for encouraging economic development within Washington County. The County spent considerable time this past year engaged in discussing its role in economic development. The County Board conducted three formal work sessions to discuss ideas, options and opportunities. Feedback was provided to the staff and consulting team to move forward with developing a plan based on the direction from the County Board. Economic Development Work Group An Economic Development Work Group supported the planning process by bringing a wealth of knowledge and experience to the process and providing important local perspectives to the discussion. The Work Group is comprised of economic development practitioners in Washington County from municipal governments and public agency partners such as the Housing and Redevelopment Authority. Members of the Work Group represented a cross section of roles and responsibilities including a mayor, city administrators, assistant city administrators,planners, and community development directors. The economic development study pursued two simultaneous tracks: a community engagement process and data analysis initiative. A brief summary of each follows: Data Collection Springsted retained the services of the University of Minnesota Extension Office to collect, organize and analyze Washington County economic data to develop an understanding of the current status of the economy in Washington County. Two formal presentations were held on the 2 Page 15 of 158 data: Washington County -- Economic Overview (September 2013) and Washington County's Economy and Selecting Industries for Further Analysis (November 2013). Copies of both presentations are on file in the County's Office of Administration. Five of the most essential findings that might have an immediate policy implication are identified in Section III. Community Engagement The County Board directed that a broad reaching community engagement process be undertaken, including: 1) Interviews and listening sessions with elected officials and other key stakeholders within the community of interest; 2) Gather input from every city; 3) Presentations/discussions to organized groups such as Economic Development Authorities, Chambers,Business Development Commission's; and 4) Facilitated sessions with key stakeholders within a community of interest to identify issues and create the strategic plan. A summary of the stakeholder input is included in the Appendix. ' 6 �, 0 � ;; iy ,1 The data presented by the Minnesota Extension Office offered a clear picture of the Washington County economic conditions. A summary review of economic data for Washington County finds that the County's economy is healthy. • Washington County is a competitive,job creating economy. The county has experienced steady and strong growth in the number of jobs and weathered the recession well. Washington County had 80% employment growth from 1990-2012 adding 32,000 new jobs. The number of jobs in 2012 nearly rebounded to pre-recession levels of 74,000 total jobs. • Washington County competes very well within the region and the Twin Cities economy. Businesses in Washington County added 24,000 more jobs than would have been expected given national and industry trends. • Washington County is especially competitive and has significantly more jobs in comparison to neighboring counties in Wisconsin. Washington County's employment growth rate exceeded or was on par with neighboring counties in Wisconsin. Washington County maintains a competitive share of employment growth compared to St. Croix County except for manufacturing where St. Croix County has a modest growth advantage. • Washington County is a service-based economy. Washington County's top five largest sectors of employment are Trade (16%): Professional and Business Services (16%); Education and Health Services (14%); Leisure and Hospitality (12%); and Government (13%). • Wages at jobs in Washington County are low, incomes primarily from jabs outside the County are high, and housing is expensive; these trends make affordable work force housing an issue for county leaders. 3 Page 16 of 158 Countyo. The economic development philosophy. policies and plan are derived from the County's overall Mission, Vision and Goals. Mission Providing quality services through responsibleleadership, innovation, and the cooperation of dedicated people. Vision A great place to live,work and play...today and tomorrow. Goals Washington County has four principle goals: • To promote the health,safety, and quality of life of citizens • To provide accessible,high-quality services in a timely and respectful manner • To address today's needs while proactively planning for the future • To maintain public trust through responsible use of public resources, accountability, and openness of government The economic development strategic plan is but one supporting activity which allows the County Board and staff, cities and public agencies, and the business community to pursue the mission, achieve the vision and accomplish the goals. Economic Development Role The following statement from Washington County's 2030 Comprehensive Plan defines the county's current role in economic development: Washington County's core functions foster an environment where commerce can develop and thrive. The County contributes to a robust business climate by providing well-planned, essential infrastructure; maintaining a low tax rate; and assisting in creating an ample pool of skilled employees. The county strives to maintain the right blend of county services to support a vibrant business sector, be it transportation and transit services,public safety,health and human services, corrections services, workforce housing, or other public services. The county is committed to stewardship of cultural and natural amenities such as land and water resources, parks and open spaces, and libraries which contribute to a high quality of life for business owners and their employees and families. The county's efforts in workforce development provide skilled employees that enable companies to be competitive and successful in the local, regional and global economies. 4 Page 17 of 158 The foundation of this Strategic Plan is the policy and guiding principles that drive the strategies and goals of the County. The following policy statement and six guiding principles define the County's economic development planning efforts. These guiding principles are relevant for the present economic environment and are subject to review and change on a periodic basis. Economic Development Police Statement It is the policy of the Washington County Board of Commissioners to strengthen the County's role and increase its support of economic development in the County. The County will invest staff time and financial resources in a planned, coordinated and strategic manner and will engage in a collaborative and holistic approach to economic development. The County's policies and actions will be guided by six principles. Economic Development Guiding Principles The following principles are not in rank order of importance. • The private sector is the lead that drives the economy o The County will work in partnership with the private sector • The County will not duplicate or replace the work of cities and other public agencies o The County will work in collaboration with cities and public agencies and will provide leadership where the County can make the most difference • The County supports a strong collaborative approach to economic development o No matter the location, economic development is a benefit to the entire county o Support efforts to ensure a highly skilled workforce and adequate workforce housin<(Y • Business attraction and business retention are essential policy objectives o A balanced approach to pursue each of the two policy areas is required • The diversity of the County requires an adaptable and open-minded approach o The distinctive qualities of the County require flexibility • A deliberate,purposeful and strategic plan is required o The County will take careful and prudent risks to pursue its objectives guided by clear outcomes, and consensus-based policies 7 7- Economic Development Outcomes The County Board has seven outcomes for this Strategic Plan: 1. Retain a premier quality of life for all of residents 2. Create and sustain living wage jobs across all employment sectors 3. Expand the County's property tax base 4. Be a value-added partner to other public and private agencies 5. Allocate appropriate staff time and resources 6. Affect public policy issues that impact the County's economy 7. Expand the County's knowledge and experience in economic development 5 Page 18 of 158 The Strategic Plan provides a realistic and practical road map for the County. It guides the county leaders and allows them to focus on the most important economic development priorities. Furthermore it directs staff time and financial commitments to those activities that support the County's mission, vision, and goals. Ultimately when the plan is underway and the County has a solid foundation, it will improve accountability and the capacity to measure performance and outcomes. Economic Development Strategies Strategies are essential public policy priorities that precede goals and action steps. Typically they are long-term in nature and are fairly constant in their intent and pursuit. The optimal way to introduce strategies is through the eight functional economic development categories that emerged from the stakeholder input process. The eight categories reflect the marketplace of opportunity for the County and general consensus is to use these designations as the foundation for the strategies.The strategies are not ranked in order of importance.' Each strategy is followed by one to four goals. Goals are a measurable and desired activity, project or purpose that requires resources (time and/or money). Action steps are individual steps and activities necessary to implement a goal, accomplish a strategy, operationalize the mission and fulfill the vision. Specific action steps are continuously evolving and changing as they are completed. The role of local government in economic development must be viewed in both a short and long term perspective. In this, Washington County's first economic development strategic plan, the focus is on short-term actions that support and sustain a long-term investment. As the County's role becomes more secure and established the goals and actions steps will evolve and change. The goals are focused on a one-three year timeframe. This does not prohibit or discourage the County from making changes and adjustments throughout the year. 1. Washington County is responsible for many core functions that contribute to a premier quality of life that is important to business growth; economic development resources and investments will advance and support the high standard of living in the County. 2. Washington County recognizes that economic development requires a strong infrastructure foundation built on multi-modal transportation networks and access to high-speed broad band networks. 3. Washington County uses economic development financial incentives in a fiscally prudent manner. 4. Washington County realizes that success in economic development is only achieved through a collaborative and inclusive process. 5. Washington County understands that other county-based services impact economic development goals and economic growth,including but not limited to,transportation and housing policies and programs. 6. Washington County provides leadership and initiative to shape regional and state-wide policies to support county-wide economic development goals. For additional information and details on each strategy please read the December 12,2013 and January 28, 2014 County Board documents. 6 Page 19 of 158 7. Washington County supports the value and importance of economic development marketing and branding for existing business retention and growth and new business development. S. Washington County partners with other public and private agencies to pursue economic development goals. There are 21 identifiable goals. The Goals are not listed in any priority order or ranking. Priorities are established by the letter assigned to each. The ranking is as follows: Letter A One to Six Months Letter B Six to Eighteen Months Letter C Eighteen Months and Longer 1. Washington County is responsible for many core functions that contribute to a premier quality of life that is important to business growth; economic development resources and investments will advance and support the high standard of living in the County. Work plan... 1. Designate a county staff member to be the point of contact for economic development and implementation of the strategic plan. A 2. Evaluate how economic development factors into the County's 2040 Comprehensive Plan update. C 3. Establish and monitor key economic indicators and benchmarks for the county and the quality-of-life indicators that are most important from a A business perspective. Include in the county's annual performance measurement report. 2. Washington County recognizes that economic development requires a strong infrastructure foundation built on multi-modal transportation networks and access to high-speed broad band networks. Work plan... 1. Explore public-private partnerships to ensure access to high-speed broad band fiber networks throughout the county. C 2. Consider creating a pool of financial resources for unanticipated land acquisition(e.g. right-of-way)needs for economic development projects. C 3. Continue to pursue multi-modal transportation and transit opportunities that will stimulate economic grovth in the county. A 7 Page 20 of 158 3. Washington County uses economic development financial incentives in a fiscally prudent manner. Work plan... 1. Review and update the existing financial incentive policies: tax I increment Financing and tax abatement. A 2. Explore the creation of a revolving loan program to support business development. A 3. Explore using federal Community Development Block Grant monies for economic development activities. B 4. Washington County realizes that success in economic development is only achieved through a collaborative and inclusive environment. Work plan... Mo 7 1. Explore the value and purpose of a public/private partnership such as an Economic Development Corporation and how it may complement and support the County's economic development philosophy and principles. 2. Identify present economic development activities of the Housing and Redevelopment Authority(HRA)and determine what other activities B could be directed to the HRA consistent with their mission, 3. Continue to convene the Economic Development Work Group to address issues of mutual concern and to foster a unified county-wide economic A development approach, 4. Develop a concept paper on the formation of a Community Development Agency(CDA)and present to the County Board. B 5. Washington County understands that other county-based services impact economic development goals and economic growth, including but not limited to,transportation and housing policies and programs. Work plan... I Review transportation related policies and standards for compatibility and flexibility with economic development goals. A 2. Review recent outcomes of housing market research completed for the Washington County HRA to determine appropriate workforce housing A strategies that SUPP011 economic development goals. 3. Where applicable, consider economic development impacts in other county-based plans,programs,and services. B 8 Page 21 of 158 6. Washington County provides leadership and initiative to shape regional and state-wide policies to support county-wide economic development goals. Work plan... I, Include economic development positions in the County's legislative platform. B 7. Washington County supports the value and importance of economic development marketing and branding for existing business retention and growth and new business development. Work plan... 1. Assess how the County can participate in marketing and branding to support the existing efforts underway in other public and private C agencies. 2. Build relationships with existing organizations that focus on job retention and identify how the County can support those efforts. C 8. Washington County partners with other publiclprivate agencies to pursue economic development goals. Work plan... 1. Partner with the Workforce Development Board and staff to identify and address workforce training and workforce housing needs. C 2. Identify specific economic development training and assistance needs of Washington County communities and determine how best to meet those C needs. 3. Continue the county's policy and funding role in regional economic development activities such as Greater MSP and Bast Metro Strong, A 4. Work with area chambers of commerce to determine how the county can B help to grow tourism as an economic driver. Economic Development Structure One of the primary goals of this Strategic Plan is to answer the question of what structure best suits the role Washington County should to take. The Work Group and county staff conclude that this will be a process that takes time to mature. Throughout the process two concepts were identified that are important components of the planning process: less formal structure and formal structure. Information on each follows. Less Formal Structure(Public Private Partnership) These models are essentially Economic Development Commissions (EDC) supported by membership dues from private companies and local units of government. They are typically convened and staffed by the interested municipal entity and play primarily an advisory role and advocate for development in the community. Some communities, such as Wright County, assign 9 Page 22 of 158 the entity to evaluate and underwrite their loan programs, but the County Board retains the ultimate authority to approve the allocation of those financial resources. In addition to the private sector business representation, these boards can be comprised of representatives of smaller communities. This allows for these public private entities to pool resources and provide economic development technical assistance to those communities that don't otherwise have the individual capacity. Large communities with more staff and financial capacity use these types of structures more as an advisory board representing private sector business interests. In the case of Washington County, Woodbury and Oakdale use this structure to help develop Economic Development Strategic Plans. Since the primary benefit of this structure is to encourage private sector involvement through board participation and possibly financial support, the question is how could this type of structure benefit Washington County and what are the downsides. Research shows that often counties in Minnesota start to play a role in economic development with this type of EDC structure as a first step. Counties can provide financial resources based on tasks assigned to that entity while retaining final approval authority for specific projects and programs. These structures work well as marketing champions for county wide growth and should not be considered mutually exclusive of a more formal structured approach. The possible downside risk of this approach in Washington County is the current private business community participants, particularly the Oakdale and Woodbury EDC's, could perceive that this is duplicative. In addition, the more this public private model is tasked with direct economic development activities, such as loan programs and technical assistance,the more there would need to be careful consideration given to avoiding duplicating those same efforts currently undertaken by the larger communities and potentially the County HRA. Formal Structure(County Communitti Development Authority) If the County Board chooses a more formal and active role in economic development, one logical path is to seek any necessary special legislation to enhance the capabilities of the Washington County HRA by essentially adding economic development authority powers. Other jurisdictions have successfully completed similar legislative action and established themselves as "community development agencies" (Dakota, Scott, and Carver), that were originally constituted as housing authorities. Any programming would require careful consideration to avoid duplicating efforts currently undertaken by cities, but obtaining legal authority provides the county access to significant authority and financial resources to encourage economic development. Many of the technical skill sets required for implementing economic development strategies exist within the County HRA. (They also exist in many of the larger communities, but are currently limited to those municipal boundaries.) To be responsive to city needs and county board direction, the HRA could certainly undertake and implement programs (i.e. partner with MCCD for example) as soon as possible as long as those efforts are consistent with current authority, while pursuing the necessary legislative amendment process. A possible downside of the CDA model is the risk of diluting private business sector interests on the hoard. However, the CDA model can have a board comprised entirely of county elected officials or a blended combination of elected and appointed members. As resource commitments increase with a more active and formal participation in economic development activities, county elected officials may choose to have a more direct involvement on the board. They establish advisory committees organized according to the issues they intend to address. If the Washington 10 Page 23 of 158 County Board chooses to pursue a more formai CDA model and wishes to have more direct involvement with county wide housing and economic development initiatives, the structure could accommodate that desire. One of the principles promoted during this process is for the County to be purposeful and deliberate. If the formal CDA model becomes the objective, it will take time and careful collaboration to complete. 11 Page 24 of 158 Possible County.Economic Development Structures l ] , DeS & Board Private A corporation fbrined to develop and sell industrial land 1_.01+ County control Partnership or and/or provide financing for business development in the mostly all private Non-Profit community. Shares are sold or funds may be raised in other ways. Or could be a 501(c)(4)or(6)organization whose purpose is to promote community economic development. The membership is usually made up of business. Can have paid or volunteer staff. Economic An advisory board,appointed by the Washington County County appoints Development Board.It has limited or no decision-making authority and Commissioners Commission usually serves as a sounding board or as a first point-of- (EDC) contact for the County for development projects.It is often responsible for drafting strategies and policies for ratification and implementation by the County.The commission may be active in implementation of local plans on a volunteer basis. Work can be coordinated by county staff. Economic EDAs were created to facilitate a well-rounded development County appoints Development program by taking advantage of some of the Port Authority Commissioners—if a Authority powers and all of the HRA powers.By combining and 5 member board,at (EDA) utilizing HRA,EDA and County powers,community least 2 County leaders are able to create flexible business assistance and Commissioners must development programs.EDAs for example,are allowed,to serve buy and sell property;make loans and grants to businesses; provide guarantees or other credit enhancements;and to sell bonds. Although Economic Development Authorities were originally designed to meet the needs of cities,special legislation has been granted to several counties to establish economic development organizations, in addition to housing authority powers,or Community Development.Authority's. The EDA may employ an executive director and other staff. Housing An HRA is a legal entity created by a City Council,County County appoints Redevelopment or Area to provide a sufficient supply of adequate housing Commissioners;HUD Authority for low-to-moderate income families and individuals.They requires a (HRA)/ are also charged with clearing and redeveloping blighted Commissioner to be a Community areas throughout the community.The board may be a participant in the Development citizen's panel,the County Board or a combination thereof. Housing Choice Agency HRAs also have limited powers that may be used for Voucher Program or business development. Special legislation has been used to Public Housing add economic development powers to become a community Program where the development agency(CDA). May require additional staff at HRA acts as Public the HRA. Housing Authority. 12 Page 25 of 158 VII. Implementation Strategic plans are only as effective as the commitment made by all parties to follow-through. Washington County has invested a large amount of time and effort in the assessment, development and adoption of the Economic Development Strategic Plan. The Plan is comprehensive yet realistic. The plan provides the County with four distinct benefits: • A decision-making tool to assist in making policy decisions • A leadership tool to assist in identifying and establishing goals • A management tool to assist in operationalizing plans and determining accountabilities • A communication tool to inform partners and stakeholders about the plans To move the plan into action the County Board will: • Be the champion • Identify expectations • Allocate resources and time • Commit to implementation • Determine levels of accountability • Periodically review the Plan In applying the guiding principle of working in partnership with others the County will seek the input and perspectives of a broad group of stakeholders. The diverse group of stakeholders that contribute to economic development within the County includes large and small businesses, economic development organizations, educational institutions, chambers of commerce, state and regional agencies, and local communities. The County will engage these stakeholders in two primary ways. 1, The County will continue to convene the Economic Development Work Group, a group of public sector stakeholders. The Work Group has successfully established an identity and good working relationships through the strategic planning process. Continuing to engage the Work Group during plan implementation will be critical to the County achieving its economic development goals, avoid duplication of effort, and to understanding how the County can add value to the work of others. 2. The County will periodically convene a group of private sector stakeholders to inform the work of the County and its public sector partners. This group will help County staff and the Work Group to understand the interests and needs of the business community and to identify critical issues affecting businesses and the economy of the County. 13 Page 26 of 158 A i pendices v"'•� "? r i he fotiowing infonnation is designed to summarize for the County Board the five most important themes and infonnation learned from the community engagement process. This information is meant to inform,update and educate the Board on the insights of key stakeholders in Washington County. This summary does not attempt nor is it designed to provide every particular insight or opinion shared during the community engagement process. The information is organized into five overall themes. Expand the County's Involvement in Economic Development Washington County's expanded involvement in economic development is encouraged and highly anticipated. The stakeholders believe that Washington County should expand its role in supporting the economic development efforts of the cities. There are some lingering doubts about the County's historical role and past actions, but this perception can be overcome. The County's Diverse Qualities Requires Thoughtful Planning Washington County's stakeholders recognize that the county is very diverse geographically, politically and organizationally. It is well noted that the County Board is challenged to find an equitable and/or a simple economic development plan that can address everyone's interests. Although optimistic and certainly excited about an expanded role for Washington County, the stakeholders are realistic and do not anticipate or expect miracles. This is best stated by Craig Waldron, City Administrator in Oakdale who is on the record noting that, he advises the County to be deliberate and methodical in its approach, or as he states, "walk before you run". Stakeholders Have Distinctive Opinions Washington County's specific role in economic development—and ultimately its strategic plan - requires more deliberate discussion. Testimony at the community engagement meetings was generally more philosophical and strategic. Although opinions exist on matters of policy,priority and structure,we do not offer any trend,indicator or community reflection that leads or points the County Board to any easy answers. Even at the municipal level the testimony of cities differs largely along the lines of cities with experienced personnel and cities that do not have a strong economic development support base within the staff. Business interests also varied in their testimony and input. No Consensus Exists on a Clear Organizational Model Washington County has already identified five different organizational models to deliver economic development programs and services. Throughout our testimony we heard various opinions about what is the best way for the County to organize. We offer to you that no clear consensus-based organizational model carne forward from our community engagement process. We discuss structure and roles in greater depth in Section V. 14 Page 27 of 158 A survey was sent to each City and the HRA at the beginning of the study, The questions were designed to obtain preliminary input into the economic development study. This information was summarized and shared with the County Board in September of 2013. I. Specific Priorities Please identify the three most significant economic development priorities of your City or organization over the next five years, • Programs administered by HRA at an economy of scale that helps cities and townships • Housing construction + Promotion—marketing for new and existing businesses • Redevelopment--reinvestment in existing properties • Investment in infrastructure + Development(new) • Jobs and diversity of employment + Linkage between living and working within the county + Coordination of efforts • Business attraction—financial incentives II. County-wide Factors Please identify the top three factors that are impacting in any way(driving or impeding) economic growth and development within Washington County. Driving + Available land • Schools + New bridge in Stillwater + Natural amenities • Strength of existing economy • County changing to a"pro ED"place Impeding • Lack of affordable housing • Lack of transit alternatives • Lack of coordinated strategy • Lack of coordinated infrastructure strategy • County's historical TIF policy(differing perspectives) • Infrastructure flexibility(regulatory restraint) • Shortage of niche financing programs(grants) • Still a slow recovery • Digital divide in parts of county + No policy on tax abatement • No economic development staff • The County is diverse—how can we effectively promote the county as a whole when areas are distinct and different(rural—low taxes) 15 Page 28 of 158 III. Stakeholder Input Please identify who you want included in the stakeholder input steps of the planning process. Your list could be a specific name(s) or a reference to a group or association. • Commercial real estate community • Greater MSP • All levels of local government(schools and watershed districts too) • Variety of market rate and affordable housing developers • Sample of individuals that work in the county but do not live in the county • Communities of color,disabled,and low income population • Two members of city staff and the Mayor • Sample of elected officials • County Board and staff * City staff • Economic Development Authorities • Local business associations • Chamber of Commerce IV.Tools Please identify up to three current tools you are using to support or augment your economic development efforts? • Greater MSP(Ieads and promotion) • HRA levy • Local income housing tax credit program and Minnesota Housing programs • Met Council LCDA program for land acquisition and pollution clean-up resources • TIF(redevelopment and housing) • Tax abatement • Woodbury Growth fund(revolving low interest loan) • SEED fund • Fast track process and one stop shop • Shovel ready business park • Acquisition of property V.Distinctiveness Please identify one or two considerations that you believe are unique or distinct to Washington County that can be a positive asset to economic development within the county. • Accessibility and location with easy access to MSP, airport and Wisconsin • Land costs(may be higher),but tax environment is competitive • Human capital and workforce • Positive relationship with the county—trust level is in place to accomplish projects • Significant natural areas for recreation and tourism • Significant land supply within distinct communities • Rural and urban character • Fast growing cities VI. Best Practices Please identify one or two economic development best practices that our process should identify and possibly explore. • Level of investment and involvement with Greater MSP 16 Page 29 of 158 • Open for business and gardening programs • Evaluate need for a countywide EDA(role,relationship with cities?) • Incentives, funding,gap financing program • County infrastructure assistance(or policy modification) • Tax abatement policy and strategy • Explore programs and practices that make the County a better option than Wisconsin • County wide marketing campaign VIL Outcomes Please identify two outcomes you want to achieve as a result of this economic development initiative. • Clarity on roles and responsibilities • Consensus on the best program/place to start • Supportive of local economic development—or not disruptive or work against • Recognize and capitalize on the diversity of the cities • Develop one or two useful tools • Greater county role in bringing resources and attention to broadband gaps • Sustained or expanded commitment to infrastructure • Actual project goals(roadways,countywide fiber optics, incentives) • Marketing plan for business attraction 17 Page 30 of 158 RESOLUTION NO. RESOLUTION OF THE CITY OF OAK PARD HEIGHTS,MINNESOTA SUPPORTING PROPOSED LEGISLATION TO AUTHORIZE THE COUNTY OF WASHINGTON TO CONFER ECONOMIC DEVELOPMENT POWERS UPON THE WASHINGTON COUNTY HOUSING AND REVELOPMENT AUTHORITY BACKGROUND RECITALS WHEREAS, the Washington County Housing and Redevelopment Authority (the "WCHRA") is a county housing and redevelopment authority created and existing under Laws 1974, Chapter 475, as amended, which provides and maintains affordable, decent, and safe housing opportunities in Washington County ; and WHEREAS, in 2013 the County Board of Commissioners (the "County Board") of the County of Washington (the "County") established a broadly-representative economic development work group comprised of municipal economic development practitioners and community partners to assist the County in developing a county-wide long-range economic development strategy; and WHEREAS, based on the process carried out by the economic development work group, in May of 2014 the County adopted an Economic Development Strategic Plan (the "Economic Development Strategic Plan" as attached-); and WHEREAS, in furtherance of the Economic Development Strategic Plan, the County has determined that the WCHRA should have primary responsibility for economic development activities on behalf of the County; and WHEREAS; proposed legislation has been prepared which would authorize the County Board by resolution to confer on the WCHRA the powers of an economic development authority (the "Proposed Law" as attached), thus enabling the County to address economic needs as identified in the Economic Development Strategic Plan; and WHEREAS, adoption of the Proposed Law would empower the WCHRA to undertake economic development activities not authorized by the current WCHRA enabling law, such as, by way of illustration, implementing County marketing and public relations programs relating to economic development, conducting economic development studies to document the need for financial assistance programs, and carrying out financial assistance programs for economic development purposes; and Page 31 of 158 WHEREAS, the Proposed Law would retain the existing County Board consent process for establishing the WHCRA's housing and redevelopment authority levy under Minnesota. Statutes, Section 469.033, subdivision 6, and would preclude the WCHRA from imposing any concurrent or separate economic development authority levy otherwise authorized under Minnesota Statutes, Section 469.107 (while permitting the County Board to consent to a WCHRA levy at a rate equal to the higher of the permissible housing and redevelopment authority levy rate or the permissible economic development authority levy rate as they may be established by the Legislature); and WHEREAS, consistent with existing requirements of the WCHRA's enabling law for local approval of housing projects and redevelopment projects, the Proposed Law would require municipal location and project approval as well for development districts and economic development projects; and WHEREAS, in order to appropriately reflect the combined housing, redevelopment and economic development powers to be conferred, the Proposed Law would change the name of the WCHRA to the Washington County Community Development Agency; and WHEREAS, the Proposed Law would effect no change in the current structure or composition of the WCHRA Board of Commissioners; and WHEREAS, the Proposed Law would authorize the County to offer tax-forfeited real property to the WCHRA on the same basis as such parcels are offered to a County department; and WHEREAS, the County Board has determined to include the Proposed Law as part of the County's legislative initiative for the 2016 Legislature; and WHEREAS, the City Council of the City of Oak lark Heights, Minnesota, finds that enactment by the Legislature of the Proposed Law, and the carrying out of economic development activities by the WCHRA in the County, ineluding in the ,.:ty of Oak Park- Heights, pursuant to the Proposed Law, would be in the public interest and would afford mil benefit to all presidents, businesses, citizens and taxpayers. of Ike e t„ 4 Oak..Park n ightss; and WHEREAS, the—Goti�T, the WCu�and the the City of Oak Park Heights contemplates that the WCHRA and the City of Oak PaF 4ei_0 t_ will continue to work together as partners in carrying out City defined economic development activities within the Ccity of Oak Park Heights. ,..hi 1,-will b ita ,d non d, plieat: NOW, THEREFORE, the City Council of the City of Oak Park Heights, Minnesota adopts this Resolution supporting the proposed legislation described above in furtherance of economic development activities by the WCHRA on behalf of Washington County. Page 32 of 158 BE IT FURTIJER RESOLVED. that the adoption of this Resolution conve s no authorities stated or implied, from the City of Oak Park Heights to the WCHRA or to any other entity; and at this time the City has not requested the Washin ,,ton Count community development aenc or WCHRA to handle the economic development, housing or redevelopment duties of the Ci • and that any prior authority, if conveyed is repealed sub'ect to a future approval by the City Council. This Resolution was declared duly passed and adopted and was signed by the of the City of Oak Park Heights and attested to by the this 23rd day of February, 2016. (Signature of } ATTESTED: (Signature of} Page 33 of 158 RESOLUTION NO. RESOLUTION OF THE CITY OF OAK PARK HEIGHTS,MINNESOTA SUPPORTING PROPOSED LEGISLATION TO AUTHORIZE THE COUNTY OF WASHINGTON TO CONFER ECONOMIC DEVELOPMENT POWERS UPON THE WASHINGTON COUNTY HOUSING AND REVELOPMENT AU'T'HORITY BACKGROUND RECITALS WHEREAS, the Washington County Housing and Redevelopment Authority (the "WCHRA") is a county housing and redevelopment authority created and existing under Laws 1974, Chapter 475, as amended, which provides and maintains affordable, decent, and safe housing opportunities in Washington County; and WHEREAS, in 2013 the County Board of Commissioners (the "County Board") of the County of Washington (the "County") established a broadly-representative economic development work group comprised of municipal economic development practitioners and community partners to assist the County in developing a county-wide long-range economic development stmtaegy; and WHEREAS, based on the process carried out by the economic development work group, in May of 2014 the County adopted an Economic Development Strategic Plan (the "Economic Development Strategic Plan"as attached); and WHEREAS, in furtherance of the Economic Development Strategic Plan, the County has determined that the WCHRA should have primary responsibility for economic development activities on behalf of the County; and WHEREAS; proposed legislation has been prepared which would authorize the County Board by resolution to confer on the WCHRA the powers of an economic development authority (the "Proposed Law" as attached), thus enabling the County to address economic needs as identified in the Economic Development Strategic Plan; and WHEREAS, adoption of the Proposed Law would empower the WCHRA to undertake economic development activities not authorized by the current WCHRA enabling law, such as, by way of illustration, implementing County marketing and public relations programs relating to economic development, conducting economic development studies to document the need for financial assistance programs, and carrying out financial assistance programs for economic development purposes; and Page 34 of 158 WHEREAS, the Proposed Law would retain the existing County Board consent process for establishing the WHCRA's housing and redevelopment authority levy under Minnesota. Statutes, Section 469.033, subdivision 6, and would preclude the WCHRA from imposing any concurrent or separate economic development authority levy otherwise authorized under Minnesota Statutes, Section 469.107 (while permitting the County Board to consent to a WCHRA levy at a rate equal to the higher of the permissible housing and redevelopment authority levy rate or the permissible economic development authority levy rate as they may be established by the Legislature); and WHEREAS, consistent with existing requirements of the WCHRA's enabling law for local approval of housing projects and redevelopment projects, the Proposed Law would require municipal location and project approval as well for development districts and economic development projects; and WHEREAS, in order to appropriately reflect the combined housing, redevelopment and economic development powers to be conferred, the Proposed Law would change the name of the WCHRA to the Washington County Community Development Agency; and WHEREAS, the Proposed Law would effect no change in the current structure or composition of the WCHRA Board of Commissioners; and WHEREAS, the Proposed Law would authorize the County to offer tax-forfeited real property to the WCHRA on the same basis as such parcels are offered to a County department; and WHEREAS,the County Board has determined to include the Proposed Law as part of the County's legislative initiative for the 2016 Legislature; and WHEREAS, the City Council of the City of Oak Park Heights, Minnesota, finds that enactment by the Legislature of the Proposed Law, and the carrying out of economic development activities by the WCHRA in the County pursuant to the Proposed Law, would be in the public interest and would afford benefit to all residents, businesses, citizens and taxpayers. WHEREAS, the City of Oak Park Heights contemplates that the WCHRA and the City will continue to work together as partners in carrying out City defined economic development activities within the City of Oak Park Heights. NOW, THEREFORE, the City Council of the City of Oak Park Heights, Minnesota adopts this Resolution supporting the proposed legislation described above in furtherance of economic development activities by the WCHRA on behalf of Washington County. BE IT FURTHER RESOLVED, that the adoption of this Resolution conveys no authorities, stated or implied, from the City of Oak Park Heights to the WCHRA or to any other entity; and at this time the City has not requested the Washington County community development agency or WCHRA to Dandle the economic development, Page 35 of 158 housing or redevelopment duties of the City; and that any prior authority, if conveyed is repealed subject to a fixture approval by the City Council. This Resolution was declared duly passed and adopted and was signed by the of the City of Oak Park Heights and attested to by the this 23rd day of February,2016. {Signature of ) ATTESTED: {Signature of ) Page 36 of 158 Oak Park Heights Request for Council Action Meeting Date February 23,2016 Agenda Item Approve City Council Minutes—February 9, 2016 Time Req. 0 Agenda Placement Consent Originating Department/Requestor A mistration/Jennifer Pinski Requester's Signature Action Requested Approve Background/Justification(Please indicate any previous action has been taken or if other public bodies have been advised). See Attached. Page 37 of 158 CITY OF OAK PARK HEIGHTS TUESDAY, FEBRUARY 9, 2016 CITY COUNCIL MEETING MINUTES L Call to Order/Pledge of Allegiance/Approval of Agenda: Mayor McComber called the meeting to order at 7:00 p.m. Present: Councilmembers Dougherty, Liljegren, Runk, and Swenson. Staff present: City Administrator Johnson and City Attorney Vierling. Absent: City Planner Richards and City Engineer Mann. Councilmember Swenson, seconded by Councilmember Liljegren, moved to approve the Agenda. Carried 5-0. II. Council/Staff` - A. ou cil/ taffoA. Mayor McComber: She reported that the next Parks Commission meeting was set for February 22, 2016, and there was a vacancy on the Parks Commission. B. Councilmember Dougherty: He reported that the Middle St. Croix Watershed Management Organization's next meeting was set for February 11, 2016 at the Bayport Library, and the CVB meeting was set for February 10, 2016 at 10:30 a.m. at the Dock Cafd. C. Councilmember Liljegren:No report. D. Councilmember Runk: He reported that the next Planning Commission meeting was set for February 11, 2016, and he would also be attending the CVB meeting. E. Councilmember Swenson: He reported that the Cable Commission received eighteen applications for the replacement for Kathy Cinnamon. He also stated there would be an opening soon for the Citizen Representative position on the Cable Commission. F. Staff. Deputy Clerk Pinski reported that Mark Johnson of 5847 Oakgreen Court North was chosen as the recycling award winner. 1111. Visitors/Public Comment- None IV. Consent Ae daw A. Approve Bills & Investments B. Approve City Council Minutes—January 26, 2016 C. Approve Resolution Granting Whitetails Unlimited Metro Area Chapter to Conduct a One-Day Raffle at Heights Hall and Club on March 19, 2016 D. Approve License for Sale/Storage of Consumer Fireworks at Menards E. Approve Resolution Recognizing the Contributions of Sergeant Ken Anderson Page 38 of 158 City Council Meeting Minutes February 9, 2016 Page 2 of 2 F. Authorize Staff to Contract for Sanitary Sewer Cleaning and Televising Mayor McComber pulled Item E to read the Resolution. Councilmember Liljegren, seconded by Councilmember Dougherty, moved to approve the remainder of the Consent Agenda. Roll call vote taken. Carried 5-0. Councilmember Swenson, seconded by Councilmember Liljegren, moved to approve Item E. Carried 5-0. V. Public Hearims:None VI. Old Business: None VII. New Business: A. Approve Resolution Recognizing the Contributions of Kathy Cinnamon as Administrator for the Central St_ Croix Cable Commission and Valley Access: Mayor McComber read the Resolution as Councilmember Swenson presented a plaque to Kathy Cinnamon. Councilmember Runk, seconded by Councilmember Dougherty,moved to approve the Resolution. Roll call vote taken. Carried 5-0. B. Consider Resolution Relatina to the Possible Closure of the Oak Park Elementary School: City Administrator Johnson provided the City Council with a revised version of the Resolution. Councilmember Dougherty, seconded by Councilmember Swenson, moved to approve the revised Resolution presented at the meeting. Roll call vote taken. Carried 5-0. VIII. Other Council Items or Announcements: Mayor McComber reported that she received an e-mail from the Minnesota Association of Small Cities asking her to serve on their board. IX. Adjournment Councilmember Swenson, seconded by Councilmember Liljegren, moved to adjourn at 7:20 p.m. Carried 5-0. Respectfully submitted, Approved as to Content and Form, Jennifer Pinski Mary McComber Deputy Clerk Mayor Page 39 of 158 THIS PAGE IS INTENTIONALLY LEFT BLANK Page 40 of 158 0 Oak Park Heights Request for Council Action Meeting Date February 23"d, 2016 Time Required: 1 Minute Agenda Item Title: Ave Resoluti Ho Refund.Note—GREEN TWIG VILLAS Agenda Placement Consent A Originating Department/Req o Administrator Requester's Signature Action Requested Approve R41ution--Housing Refund.Note--GREEN TWIG VILLAS Background/Justification(Pleas mdicatte if any previous action has been taken or if other public bodies have advised): Please see the attached memo from Andy Pratt,of the City Attorney's Office—Bond Counsel as well as the review by Kennedy and Graven—Ms.Jenny Boulton. Page 41 of 158 ECKBERG LAmNmRS MEMORANDUM To: Oak Park Heights City Council Eric Johnson, City Administrator FROM: Andrew Pratt DATE: February 19, 2016 Revenue Note—Green Twig Villas Financing On the agenda for the Council's February 22, 2016 meeting is an approving resolution related to the issuance of the City's Multifamily Senior Housing Revenue Refunding Note (Green Twig Villas Project), Series 2016, in a principal amount not to exceed$6,800,000. The proceeds of the Note will be used for the acquisition, construction, and equipping of an approximately 62-unit, two-story senior apartment building with an underground parking garage to be located at the southeast intersection of Nova Scotia Avenue North and Upper 58th Street North in the City. As you may recall, the City Council held a public hearing for this project on June 9, 2015. The conduit revenue financing for the project was then approved by the City Council on August 25, 2015, pursuant to Resolution No. 15-08-34. Sometime after this approval, a replacement lender (Bridgewater Rank) had to be procured by Green Twig Villas, LLLP, which is the owner of the development. Green Twig had to close on this replacement financing by mid-November 2015. However,Green Twig was not ready for funds to be disbursed for construction of the project,so this closing appeared premature. A solution to this problem was found by "parking" the financing by mid-November 2015. Under IRS regulations, a debt obligation is "issued" once $50,001 of the obligation is disbursed. The rest of the money may be disbursed at a later date, but the issuance date would remain the date that the debt obligation was `harked." Therefore, the financing was "issued" on November 10, 2015,to meet the bank's requirements,but no money was actually disbursed to Green Twig. The financing group has now indicated that it is ready to proceed to actual closing on the financing for the purposes indicated above. Since the City Council has already held a public hearing on the financing pursuant to IRS regulations, no additional public hearing is required. The resolution contained in your packet is required to be approved, which sets forth the parameters of the financing. These parameters are identical to what was previously approved, except the maximum principal amount of the debt obligation has been reduced from $7.2 million to $6.8 million. I have reviewed this resolution and provided comments and suggested revisions to the financing group. It is my recommendation that the City Council approve the resolution as 1 Page 42 of 158 presented, so that the remaining transaction documents may be completed and closing on the financing may occur. It is important to note that this financing in no way constitutes a general obligation of the City of Oak Park Heights, and the City has no responsibility to pay back the principal and interest on this financing. The issuance of this conduit financing does not place any additional disclosure requirements on the City, and it will not affect the City's credit rating. The City is not authorized to transfer available revenues or levy taxes to pay this debt obligation. That responsibility lies with Grcen Twig, and the lending bank is scud m its investment by a mortgage on the subject property. If Green Twig cannot repay the debt obligation, the bank will simply foreclose the mortgage and take ownership of the property. Once this resolution is adopted, the Mayor and the City Administrator will be authorized to execute the final versions of the financing documents,when they are completed. I am not aware of a closing date for this financing. Please contact me (651.351.2125; apratt@eckberglammers.com) if you have any questions regarding this memorandum. �CSatUTI0" A�17*c14 E:t7 2 Page 43 of 158 Offices in 470 U.S.Bank Plaza i 200 South Sixth Street Minneapolis Minneapolis,MN 55402 (612}337-9300 telephone - -. Saint Pahl (612)337-9310 fax St. Cloud www.Immeay-graven.com F- DAffirmative Action,Equal Opportunity Employer JENNY BOULTON Atiomey at Law Direct Dial(612)337-9202 Emd:.iboulton ntdy-graven.CWn February 18,2016 City of Oak Park Heights,Minnesota 14168 Oak Park Blvd.N. Oak Park Heights,MN 55082 Attention. Eric Johnson,City Administrator Re: Proposed issuance of a conduit revenue financing by the City of Oak Park Heights for the benefit of Green Twig Villas LLLP Dear Eric and Council Members, Green Twig Villas,LLLP(the"Borrower")has requested that the City of Oak Park Heights{"City'D issue its Multifamily Senior Housing Revenue Refunding Note(Green Twig Villas Project),Series 2016(the"Series 2016 Note'), in a principal amount not to exceed$6,800,000. The City Council is being asked to consider a resolution authorizing the issuance of the Series 2016 Note at its meeting on February 23,2016. If the City agrees to issue the Series 2016 Note,the Borrower will use the proceeds of the Series 2016 Note to refund the City's Multifamily Senior Housing Revenue Note (Green Twig Villas Project), Series 2015 (the "Prior Note"), which was issued to finance the acquisition, construction,and equipping of an approximately 62-unit, two-story senior apartment building with an underground parking garage to be located at the southeast intersection of Nova Scotia Avenue North and Upper 58th Street North in the City(the"Project'. The Prior Note was issued on November 10,2015 as a temporary financing and the Borrower is now ready to move forward with permanent financing. The Series 2016 Note is proposed to be privately placed with Bridgewater Bank(the`Bank"). Just like the Prior Note,the Series 2016 Note would be issued as a conduit revenue bond secured solely by the revenues derived from a loan agreement(the "Loan Agreement")to be executed between the City and the Borrower and from other security provided by the Borrower. A conduit financing works almost exactly like a bank loan for the Borrower. The Bank provides the funds for the loan. The City would be a party to the documents but then assign its rights and obligations to the Bank. No money actually flows through the City, instead,the Bank makes the loan to the Borrower and the Borrower makes loan repayments directly to the Bank. No money or assets of the City would ever be pledged or available to pay the Series 2016 Note. The Series 2016 Note will not constitute a jEneral or moral obfigation of the City and will not be secured by or payable from any property or assets of the ity(other than the interests of ffiFCity in the Loan Agreement) and will not be secured by any taxing power ofthe City. The Series 2016 Note will not be subject to any debt limitation unposed on the City and the issuance of the Series 2016 Note will not have any adverse impact on 475432VI JSBAK145-6 Page 44 of 158 February 18, 2016 Page 2 the credit rating of the City,even in the event that the Borrower encounters financial difficulties with respect to the Project. The Series 2016 Note will not affact the City's ability to designate up to $10,000,000 in tax-exempt bonds as "qualified tax-exempt obligations"(or"bank-qualified bonds')for calendar year 2016. Under the terms of the Loan Agreement,the Borrower will pay all of the City's fees and expenses for issuing the Series 2016 Note. The Borrower has previously paid the City's issuance fee in connection with the Prior Note. Please contact me with any questions you have prior to the Council meeting. cem nnyBoulto 4754320 JSB AX145-6 Page 45 of 158 RESOLUTION NO. AUTHORIZING THE ISSUANCE, SALE, AND DELIVERY OF A MULTIFAMILY SENIOR HOUSING REVENUE REFUNDING NOTE UNDER NIINNESOTA STATUTES, CHAPTER 462C; AUTHORIZING THE LOAN OF THE PROCEEDS OF THE REVENUE NOTE TO GREEN TWIG VILLAS LLLP; AND APPROVING THE FORM OF AND AUTHORIZING THE EXECUTION AND DELIVERY OF THE NOTE AND RELATED DOCUMENTS WHEREAS, the City of Oak Park Heights, Minnesota (the "City"), is a municipal corporation and political subdivision of the State of Minnesota duly organized and existing under the laws of the State of Minnesota;and WHEREAS, Minnesota Statutes, Chapter 462C, as amended(the"Act"), confers upon cities the power to issue revenue bonds to finance a program for the purposes of planning,administering,making or purchasing loans with respect to one or more multi-family housing project developments;and WHEREAS,in the issuance of the City's revenue bonds and in the making of a loan to finance or refinance a multifamily housing development the City may exercise, within the corporate limits of the City, any of the powers that the Minnesota Housing Finance Agency may exercise under Minnesota Statutes, Chapter 462A, as amended, without limitation under the provisions of Minnesota Statutes, Chapter 475,as amended;and WHEREAS, the City has received a proposal that it issue its Multifamily Senior Housing Revenue Refunding Note(Green Twig Villas Project), Series 2016, in one or more series, in an aggregate amount not to exceed $6,800,000(the"Note")to provide funds to be loaned to Green Twig Villas LLLP, a Minnesota limited liability limited partnership(the`Borrower")to refund the City's Multifamily Senior Housing Revenue Note (Green Twig Villas Project), Series 2015 (the "Prior Note"), the proceeds of which financed the acquisition,construction, and equipping of an approximately 62-unit,two-story senior apartment building with an underground parking garage to be located at the southeast intersection of Nova Scotia Avenue North and Upper 58th Street North in the City(the"Project"); and WHEREAS, sufficient details of the Note and other aspects of the financing have been agreed to that this final bond resolution should be adopted on this date accepting a proposal for issuance of the Note. NOW, THEREFORE,BE IT RESOLVED by the City Council of the City of Oak Park Heights, Minnesota, as follows: SECTION 1. LEGAL AUTHORIZATION AND FINDINGS. 1.1 Findings. The City hereby finds,determines and declares as follows: (a) The issuance and sale of the Note by the City, pursuant to the Act, is in the best interest of the City,and the City hereby determines to issue the Note and to sell the Note to Bridgewater Bank or another bank selected by the Borrower(the"Lender"). The City will loan the proceeds of the Note(the "Loan")to the Borrower in order to finance the Project. 46446Ov4 JSB AKI45-6 Page 46 of 158 (b) Pursuant to a Loan Agreement (tile "Loan Agreement") to be entered into between the City and Borrower, the City has agreed to loan to the Borrower the proceeds of the Note as set forth therein to pay in full when due the principal of, premium, if any, and interest on the Prior Note. In addition, the Loan Agreement contains provisions relating to the construction, maintenance and operation of the Project, indemnification, insurance, and other agreements and covenants which are required or permitted by the Act and which the City and Borrower deem necessary or desirable for the financing of the Project. (e) Pursuant to an Assignment of Loan Agreement between the City and the Lender (the "Assignment"),the City will pledge and grant a security interest in all of its rights, title, and interest in the Loan Agreement to the Lender(except for certain rights of indemnification and to reimbursement for certain costs and expenses). (d) The obligations of the Borrower under the Loan Agreement and payment of amounts due under the Note will be secured by a mortgage(the"Mortgage")to be executed by the Borrower in favor of the City, and assigned to the Lender pursuant to an Assignment of Mortgage to be executed by the City (the "Assignment of Mortgage") and such obligations and payments will be further secured by certain other security agreements and guaranty agreements in favor of the Lender (the "Collateral Documents"). (e) The proceeds of the Note will be disbursed pursuant to a Disbursing Agreement (the "Disbursing Agreement")by and among the Lender,Borrower and a title insurance company. (f) Certain rental and occupancy requirements of federal and state law are set forth in a Regulatory Agreement(the"Regulatory Agreement")by and among the City,Borrower and the Lender. (g) The Note will be a special, limited obligation of the City. The Note and the interest thereon: (i)shall be payable solely from the revenues pledged therefor under the Loan Agreement; (ii)shall not constitute a debt of the City within the meaning of any constitutional or statutory limitation; (iii)shall not constitute nor give rise to a pecuniary liability of the City or a charge against its general credit or taxing powers; (iv)shall not constitute a charge, lien, or encumbrance, legal or equitable, upon any property of the City other than the City's interest in the Loan Agreement,which will be assigned to the Lender under the Assignment;and(v)shall not constitute a general or moral obligation of the City. (h) It is desirable, feasible and consistent with the objects and purposes of the Act to issue the Note for the purpose of financing the costs of the Project. (i) The Project constitutes a "qualified residential rental project" within the meaning of Section 142(d) of the Code, and a "multifamily housing development" authorized by the Act, and furthers the purposes of the Act. 0) The purpose of the Project is,and the effect thereof will be,to promote the public welfare by the acquisition and construction of a facility for use as a multifamily housing development designed primarily for occupancy by persons of low and moderate income. (k) The Act authorizes(i)the acquisition and construction of the Project,(ii)the issuance and sale of the Note, (iii) the execution and delivery by the City of the Loan Agreement, Regulatory Agreement,Assignment, and Assignment of Mortgage (the"City Agreements"), (iv)the performance of all covenants and agreements of the City contained in the City Agreements and any other documents reasonably necessary to effectuate the intent of this resolution, and(v)the performance of all other acts and things required under the constitution and laws of the State of Minnesota to make the City 46WOv4 JSS AK145-6 2 Page 47 of 158 Agreements and the Note valid and binding special, limited obligations of the City in accordance with their terms. (1) it is desirable that the Borrower be authorized, subject to the terms and conditions set forth in the Loan Agreement,which terms and conditions the City determines to be necessary,desirable and proper, based on representations of the Borrower and the Lender, to complete the acquisition, construction and installation of the Project by such means as shall be available to the Borrower and in the manner determined by the Borrower, and with or without advertisement for bids as required for the acquisition and installation of municipal facilities. (m) The payments under the Loan Agreement are fixed to produce revenue sufficient to provide for the prompt payment of principal of,premium, if any,and interest on the Note when due,and the Loan Agreement also provides that the Borrower is required to pay all expenses of the operation and maintenance of the Project, including, but without limitation, adequate insurance thmon and insurance against all liability for injury to persons or property arising from the operation thereof, and all taxes and special assessments levied upon or with respect to the Project and payable during the term of the Loan Agreement. (n) There is no litigation pending or, to the actual knowledge of the City,threatened against the City questioning the City's execution or delivery of the Note or the City Agreements or questioning the due organization of the City, or the powers or authority of the City to issue the Note and undertake the transactions contemplated hereby. (o) The execution,delivery and performance of the City's obligations under the Note and the City Agreements do not and will not violate any order against the City of any court or other agency of government, or any indenture, agreement or other instrument to which the City is a party or by which it or any of its property is bound, or be in conflict with,result in a breach of, or constitute (with due notice or lapse of time or both)a default under any such indenture,agreement or other instrument. (p) The City, based on representations of the Borrower and the Lender, hereby finds, determines and declares that it is in the public interest of the residents of the City that the Project be undertaken in order to further the public purpose by providing multifamily housing developments for low or moderate income senior residents of the City and otherwise further the purposes and policies of the Act. 1.2 Authorization and Ratification of Project. The City has heretofore and does hereby authorize the Borrower, in accordance with the provisions of the Act and subject to the terms and conditions imposed by the Lender,to provide for the acquisition and construction of the Project by such means as shall be available to the Borrower and in the manner determined by the Borrower, and without advertisement for bids as may be required for the construction and acquisition of other municipal facilities; and the City hereby ratifies,affirms,and approves all actions heretofore taken by the Borrower consistent with and in anticipation of such authority. SECTION 2. THE NOTE. 2.1 Authorized Maximum Amount and Form of Note and Interest Rate. The Note issued pursuant to this Resolution shall mature in the years and amounts and be subject to redemption as therein specified, as such may be modified by agreement of the Lender, Borrower and City; and the principal amount of the Note that may be outstanding hereunder is expressly limited to $6,800,000, unless a duplicate Note is issued pursuant to Section 2.7. The actual amount of the Note shall be determined by the agreement of the Lender and the Borrower and any of the officers specified in Section 2.3 prior to the 4644600 JSB AK145-6 3 Page 48 of 158 issuance of the Note. The Note will bear interest at the rates and mature on the dates determined by the Borrower and the Lender and set forth in the Note executed by the Authorized Officers. The sale of the Note to the Lender at a purchase price equal to its stated amount is hereby accepted. 2.2 The Note. The Note shall be dated as of the date of delivery to the Lender, shall be payable at the time and in the manner and shall be subject to such other terms and conditions as are set forth therein. 2.3 Execution of Note. The Note shall be executed on behalf of the City by the Mayor and the City Administrator(the"Authorized Officers'). In case any Authorized Officer whose signature shall appear on the Note shall cease to be such officer before the delivery of the Note, such signature shall nevertheless be valid and sufficient for all purposes,the same as if such signatory had remained in office until delivery. In the event of the absence or disability of the Authorized Officer,such officers of the City as, in the opinion of the City Attorney,may act in their behalf,shall without farther act or authorization of the City execute and deliver the Note. 2.4 Delivery of Note. Before delivery of the Note there shall be filed with the City and the Lender(except to the extent waived by the Lender)the following items: (1) an executed copy of each of the following documents: (a) the Loan Agreement; (b) the Assignment; (c) the Mortgage; (d) the Assignment of Mortgage; (f) any collateral agreements required by the Lender; (g) the Disbursing Agreement; (h) the Regulatory Agreement; (2) an opinion of Counsel for the Borrower; (3) the opinion of Bond Counsel as to the validity of the Note and, as applicable, the tax exempt status of the Note;and (4) such other documents and opinions as Bond Counsel may reasonably require for purposes of rendering its opinion required in subsection(3)above or that the Lender may require as a precondition to their purchase of the Note. 2.5 Disposition of Now Proceeds. Upon delivery of the Note to the Lender,the Lender shall, on behalf of the City, advance the proceeds of the Note to refund the Prior Note,the transferred proceeds of which will be used to pay the costs of acquisition, construction and equipping of the Project in accordance with the terms of a Disbursing Agreement. 2.6 Registration of Transfer. The City will cause to be kept at the office of the City Administrator of the City a Note Register in which, subject to such reasonable regulations as it may prescribe,the City shall provide for the registration of transfers of ownership of the Note. The Note shall 4644600 JSB AK145-6 4 Page 49 of 158 be initially registered in the name of the Lender and shall be transferable upon the Note Register for such Note by the Lender in person or by its agent duly authorized in writing, upon surrender of such Note together with a written instrument of transfer satisfactory to the City Administrator, duly executed by the Lender or its duly authorized agent. The City may require, as a precondition to any transfer, that the transferee provide evidence to the City that the transferee is a financial institution or other accredited investor under the securities laws. The following form of assignment shall be sufficient for said purpose. For value received hereby sells, assigns and transfers unto the attached Note of the City of Oak Park Heights, Minnesota, and does hereby irrevocably constitute and appoint attorney to transfer said Note on the books of said City, with full power of substitution in the premises. The undersigned certifies that the transfer is made in accordance with the provisions of Section 2.9 of the Resolution authorizing the issuance of the Note. Dated: Registered Owner Upon such transfer the City Administrator shall note the date of registration and the name and address of the successor holder in the Note Register and in the registration blank appearing on the Note. The City Administrator shall not be held liable for any actions undertaken pursuant to this Section 2.6. 2.7 Mutilated, Lost or Destroyed Note. In case the Note shall become mutilated or be destroyed or lost, the City shall, if not then prohibited by law, cause to be executed and delivered a new Note of like outstanding principal amount, number and tenor in exchange and substitution for and upon cancellation of such mutilated Note, or in lieu of and in substitution for such Note destroyed or lost,upon the payment by the registered holder thereof of the reasonable expenses and charges of the City in connection therewith, and in the case of a Note destroyed or lost, the filing with the City of evidence satisfactory to the City with indemnity satisfactory to it. If the mutilated, destroyed or lost Note has already matured or been called for redemption in accordance with its terms it shall not be necessary to issue a new Note prior to payment. 2.8 Ownership of Note. The City may deem and treat the person in whose name the Note is last registered in the Note Register and by notation on the Now, whether or not such Note shalt be overdue,as the absolute owner of such Note for the purpose of receiving payment of or on account of the Principal Balance, redemption price or interest and for all other purposes whatsoever, and the City shall not be affected or held Iiable by any notice to the contrary. 2.9 Limitation on Note Transfers. The Note has been issued without registration under state or other securities laws,pursuant to an exemption for such issuance; and accordingly the Note may not be assigned or transferred in whole or part, nor may a participation interest in the Note be given pursuant to any participation agreement, except as an exempt security or as an exempt transaction and in principal amounts of at least$100,000. SECTION 3. MISCELLANEOUS. 3.1 Severability. If any provision of this Resolution shalt be held or deemed to be or shall, in fact, be inoperative or unenforceable as applied in any particular case in any jurisdiction or jurisdictions or in all jurisdictions or in all cases because it conflicts with any provisions of any constitution or statute or rule or public policy, or,for any other reason, such circumstances shall not have the effect of rendering 4644600 JSB AKI45-6 rj Page 50 of 158 the provision in question inoperative or unentorceable in any other case or circumstance, or of rendering any other provision or provisions contained herein invalid, inoperative, or unenforceable to any extent whatever. The invalidity of any one or more phrases, sentences, clauses or paragraphs contained in this Resolution shall not affect the remaining portions of this Resolution or any part thereof. 3.2 Authentication of Transcript. The officers of the City are directed to furnish to Bond Counsel certified copies of this Resolution and all documents referred to herein, and affidavits or certificates as to all other matters which are reasonably necessary to evidence the validity of the Note. All such certified copies, certificates and affidavits, including any heretofore furnished, shall constitute recitals of the City as to the correctness of all statements contained therein. 3.3 Authorization to Execute AMements. The forms of the proposed Loan Agreement, Regulatory Agreement, Assignment and Assignment of Mortgage are hereby approved in substantially the forms on file with the City, together with such additional details therein as may be necessary and appropriate and such modifications thereof,deletions therefrom and additions thereto as may be necessary and appropriate and approved by Bond Counsel prior to the execution of the documents, and the Authorized Officers are authorized to execute the Note and the City Agreements in the name of and on behalf of the City, together with such other documents as Bond Counsel considers appropriate in connection with the issuance of the Note (collectively, the "Financing Documents"). In the event of the absence or disability of any of the Authorized Officers, such officers of the City as, in the opinion of the City Attorney for the City, may act in their behalf shall without further act or authorization of the City Council of the City do all things and execute all instruments and documents required to be done or executed by such absent or disabled officers. The execution of any instrument by the appropriate officer or officers of the City herein authorized shall be conclusive evidence of the approval of such documents in accordance with the terms hereof. 3.4 Program. The City has established a governmental program of acquiring purpose investments for qualified residential rental projects. The governmental program is one in which the following requirements of§1.148.1(b) of the federal regulations relating to tax-exempt obligations shall be met: (a) the program involves the origination or acquisition of purpose investments; (b) at least 95% of the cost of the purpose investments acquired under the program represents one or more loans to a substantial number of persons representing the general public, states or political subdivisions, 501(c)(3)organizations, persons who provide housing and related facilities,or any combination of the foregoing; (c) at least 95% of the receipts from the purpose investments are used to pay principal, interest, or redemption prices on issues that financed the program, to pay or reimburse administrative costs of those issues or of the program, to pay or reimburse anticipated future losses directly related to the program, to finance additional purpose investments for the same general purposes of the program, or to redeem and retire governmental obligations at the next earliest possible date of redemption; (d) the program documents prohibit any obligor on a purpose investment financed by the program or any related party to that obligor from purchasing bonds of an issue that finances the program in an amount related to the amount of the purpose investment acquired from that obligor;and (e) the City shall not waive the right to treat the investment as a program investment. 464464v4 JSB AK145-6 6 Page 51 of 158 3.5 Costs-, Indemnification by Borrower. 'rhe Borrower has agreed and it is hereby determined that any and all costs incurred by the City in connection with the financing of the Project whether or not the Project is carried to completion will be paid by the Borrower. It is understood and agreed that the Borrower shall indemnify the City against all liabilities, losses, damages, costs and expenses(including attorney's fees and expenses incurred by the City) arising with respect to the Project or the Note, as further provided for and agreed to by and between the Borrower and the City in the Loan Agreement. 3.6 Headings;Terms. Paragraph headings in this resolution are for convenience of reference only and are not a part hereof, and shall not limit or define the meaning of any provision hereof Capitalized terms used, but not defined, herein shall have the meanings given them in, or pursuant to,the Loan Agreement. Adopted by the City Council of the City of Oak Park Heights, Minnesota, on this 23rd day of February,2016. Mayor Attest: City Administrator 464460v4 JSB AK145-6 7 Page 52 of 158 Oak Park Heights Request for Council Action Meeting Date: Tuesday February 23rd 2016 Agenda Item; Winter 2016 Tree Pruning and Removal Time Req. 1 Minute Agenda Placement: Consent Originating DepartmentlRe estor: Public Works Andy Kegley, Public Works Director Lisa Danielson Arborist Requester's Signature . r Action Requested: CA/wird the Winter 2016 Tree Pruning and Removal Pro'ect to St. Croix SavATree Please See Attached Memo. Three (3) tree services submitted quotes to complete the City of Oak Park Heights Winter 2016 Tree Pruning and Removal List. Quote requests were sent to three (3) tree services. St. Croix SavATree submitted the lowest responsible quote; therefore I recommend that St. Croix SavATree be awarded the project. Page 53 of 158 � µ w City of Oak Park Heights 14168 Oak Park Blvd No Sox 2007.Oak Park Heights,MN 55082•Phone(651)439-"39•Fax 439-0574 Memorandum To: Andy Kegley, Public Works Director Cc: Enc Johnson, City Administrator, Mayor and Council From: Lisa Danielson,Arborist Date: 02/17/2016 Res City of Oak Park Heights Winter 2016 Boulevard Tree Pruning and Removal List Attached are the copies of the quotes that were submitted from tree services for the Winter 2016 City of Oak Park Heights Boulevard Tree Pruning and Tree Removal List. Trees included on the list are along City boulevard right-of-ways, City trails and in City parks. Trees to be removed are dead or pose a risk. Trees to be removed due to death or risk have been marked with a bright orange "X" or a bright orange ring on the street or park side of the trunk. The list includes location, tree species, sizes, and work to be done. A number of boulevard trees are being pruned of hanging, broken branches, pruned for maintenance and many others are being pruned due to low hanging branches in need of pruning for clearance indicated by a 'CL" in accordance with the standards of acceptable arboriculture practices and subject to approval of the City Arborist. Residents having a boulevard tree pruned along the City boulevard right-of-way of their address will be sent a notification letter with details indicating when work will take place. Quote requests were sent out to (3) three tree services that have all done work for the City in the past; all (3) three tree services provided a quote by the deadline. Woodchuck Tree Care submitted the lowest quote however, all materials requested were not submitted making the quote incomplete. St. Croix SavATree provided the lowest responsible quote with all information requested submitted, therefore 1 recommendation that St. Croix SavATree be awarded the project. TREE CITY U.S.A. Page 54 of 158 Submitted Quote Totals and Information Quote Submitted Itemized Certified OPH Total Contractor On TimeQuote Provided Supervisor Equipment Tree EHAP Quote References contact ISA List Workers Certified and Provided References License Amount Complete Woodchuck Tree Care N N N Y Y Y Y N $4,740 St. Croix SavATree Y Y Y Y Y Y Y Y $5,920 YTS Companies, LLC. Y Y Y Y Y Y Y Y $8,445 Attachments: • Winter 2016 Boulevard Tree Pruning and Stump Grinding Quote Request Packet • Submitted Quotes: -St. Croix SavATree -YTS Companies, LLC. -Woodchuck Tree Care 2 TREE CITY U.S.A. Page 55 of 158 ip City of Oak Park Heights 14168 Oak Park Blvd N. • Box 2007•Oak Park Heights,MN 55082 a Phone(651)439-4439 v Fax 439-0574 i nni'nGl'n. Quote Request 02/08/2016 Winter 2016 Boulevard Tree Pruning and Tree Removals Included in this packet is important information and details for preparing and submitting a quote for the City of Oak Park Heights Winter 2016 Boulevard Tree Pruning and Removal List. Instructions to Tree Contractors Location of the Work Trees included in this quote request are along City boulevard right-of-ways,City trails and in City parks.(Please see included itemized list for addresses,park locations,and comments for specific tree locations along trails). General Description of the Work The work to be performed consists of tree pruning and tree removals of specified deciduous trees within City boulevard right-of-ways, City trails, and in City parks. Trees to be removed are dead or pose a risk. Trees to be removed due to death or risk are marked with a bright orange"X"or a bright orange ring on the street or park side of the trunk. Note that the trees marked for removal include removal of the tree and debris. A number of boulevard trees on the list are being pruned of hanging broken branches,pruned for maintenance,and many others are being pruned due to low hanging branches for clearance indicated by a"CL"in accordance with the standards of acceptable arboriculture practices,as outlined in the Technical Specifications and subject to the approval of the City Arborist. (See included itemized list for tree species,sizes and specifics on work to be done for each tree). Information Concerning Working Conditions Contractors should inform themselves of the conditions under which the work is to be performed concerning the site of the work, the obstacles which may be encountered, and all other relevant matters. once the contract is awarded, the contract shall not be allowed any extra compensation by reason of any matter or thing concerning which the Bidders may have informed themselves of prior to the bidding. Quote Submission Requirements Please prepare an itemized quote for all of the tree work items (1-79) (Please see attached itemized list for tree species,sizes and specifics on work to be done for each tree). The contractor's quote for the tree pruning and removals can be submitted in person at the City of Oak Park Heights City Hall,sent electronically via email:(idanielson@cityofoakparkheights.eom),mailed:City of Oak Park Heights Attn:Lisa Danielson 14168 Oak Park Blvd N.PO.Box 2007,Oak Park Heights,MN 55082-2007 or faxed (651)-439-0574.Contractors should submit a copy of their current Certificate of Liability Insurance Coverage Page 56 of 158 along with their quote,if they are not already licensed in the City of Oak Park Heights for 2016.The contractor should also submit a copy of the completed page in this packet entitled"Contractor Qualifications."The deadline for submission of all requested items is 12.00 PM on Wednesday,February 17th 2016(for consideration at the City of Oak Park Heights City Council Meeting on Tuesday,February 23`d 2016). Basis of Contract Award The City reserves the right to accept or reject any quote,The award of the tree pruning and removals contract is based in part on the lowest quote;however,the City reserves the right to factor past work,references and available equipment into their decision regarding the work award.The awarded contractor will be contacted by{shone within a timely manner by the City Arborist after the date of the City Council meeting in which the quote was considered at. Licensins:Tree services working in the City of Oak Park Heights must have a current Tree Worker's License.This license may be obtained from City staff at City hall upon presentation of proof of current Liability Insurance Coverage,proof of current Worker's Compensation Insurance,and payment of the license fee.A current City of Oak Park Heights Tree Worker's License is required before any contract work is done for the City. Note: Tree service workers also need to have EHAP (electrical hazard)certification. The City usually hires companies which have ISA Certified Arborists on staff and,preferably,as crew supervisors/workers in the field. Pro'ect Completion Date The City of Oak Park Heights Winter 2016 Boulevard Tree Pruning and Removals List is to be completed no later than Thursday,March 24th 2016. Subcontractors The tree pruning and tree removals contract will be between the City and the contractor which has submitted the successful quote.The contractor shall not execute an agreement with any subcontractor to perform any portion of the work unless the contractor has received written approval for such subcontractor from the City of Oak Park Heights. Payment for Work Performed Payment of the Winter 2016 Boulevard Tree Pruning and Removals contract will be made on the basis of the quoted unit prices for the work performed.The tree contractor shall be paid for the work performed after completion of work,submission of an itemized invoice to the City of Oak Park Heights, and inspection of completed work by the City Arborist.If it is determined upon inspection that the required work has not been fully completed,the contractor will be notified and will be paid only upon satisfactory completion of all work. QUESTIONS? Contact: Lisa Danielson, City of Oak Park Heights, City Arborlst, (651)-439-4439, or via email Idanielson@cityofoakparkheights.com Page 2 of 9 Page 57 of 158 ° Technical Specifications 1, Inspection of the Site Contractors should acquaint themselves with the existing conditions relating to the tree pruning or tree removal as indicated by each location on the itemized list and should inform themselves as to the facilities involved, the difficulties,and the restrictions that may be encountered in the performance of the contract. 2. Method of Measure Each tree shall be estimated by the City as part of compiling the list of trees to be removed and pruned.The diameter of the tree shall be estimated at breast height(4.5 feet above ground level).If the tree is forked at a point less than 4.5 feet above the ground,the diameter will be estimated below the foric if there is a clump of multiple stems,each stem will be estimated individually. For trees with multiple trunks,which are each less than 10 inches in diameter, the trunks will be added together to determine size class.For trees with multiple trunks,which are each greater than 10 inches in diameter,the trunks will be counted separately and put in the appropriate size class. 3. Pruning of Trees alone Citi Boulevard Risht-of-Ways,aty Trails and City Parks A. All pruning shall be done in a professional manner in accordance with arboricultural standards(ANSI A- 300)and subject to the approval of the City Arborist.Pruning required is a combination of cleaning,thinning and raising.Trees are to be pruned on all sides including suckers,except as noted on the quote form and/or itemized Winter 2016 Boulevard Tree Pruning and Removals List. B. The goals for pruning will be to improve crown structure,to eliminate present conflicts while preventing future problems,and to maintain an acceptable appearance of the pruned trees.The overall objective of pruning is to shape the tree to its natural and characteristic form.No'topping'of trees will be performed, and no more than(1/4)one-quarter of a tree's crown will be removed.'Llon-tailing,'or creating branches With most of the weight at the ends Is not allowed. C. Pruning of trees will primarily involve a tree maintenance operation including: 1. The removal of dead,diseased,damaged or weakened branches. 2. The maximum size live branch to be removed is 5 inches in diameter;the minimum size live branch to be removed is 1 inch in diameter.No branches greater than 5 inches in diameter should not be removed without consulting the City Arborist. 3. The removal of other competing and interfering branches such as: a. Branches growing toward the center of the crown b. Branches competing with the main leader c. Branches occupying space in the periphery of the crown required by other branches for development Page 3 of 9 Page 58 of 158 4.The removal of low hanging branches and limbs including: a. those interfering with private properly vegetation and structures(parks- prune 8 feet above fences and 14 feet above turf areas) b. those interfering with sight lines at intersections c. those blocking traffic signs or street lights d. those hanging less than 16 feet over the public thoroughfare e. those hanging less than 16 feet over the driveway of the adjoining residence 5. The tree should be pruned on all sides and balanced as well as possible,this includes the removal of suckers around the base of the trunk and sides of the trunk if present. 4. Electrical Hazards In some areas,trees and branches are growing in or near powerlines. Only qualified line clearance tree trimmers, perANSI Z133.1,shall work within 14 feet of electrical conductors and/or an electrical hazard.Tree contractors must be able to show proof of current Electrical Hazard Certification(EMAP-Electrical Hazard Awareness Program) if trees in the work list are growing in or near powerlines. S. Disposal,Clean-Up and Access A. Disposal and Clean-Up The contractor shall arrange for the removal and disposal of all tree materials including: branches, twigs, leaves, chips and sawdust. The contractor will be required to clean-up the street and boulevard at the completion of each working day.All costs of disposal and clean-up should be included in the quote. B. Access The contractor may utilize City streets for the removal operation, provided that traffic access is available. City of Oak Park Heights,Public Works Director,Andy Kegley,(651)-439-4439,should be notified prior of closure(partial or entire)if this is necessary. Page 4 of 9 Page 59 of 158 2016 Contractor Qualifications 1. List of References/Similar Projects Company or City Contact Name Phone Number Last Work Date 2. Name of person who will supervise this work and the number of years of experience Is this supervisor an ISA Certified Arborist? Certificate Number: Expiration: (Required) 3. List motorized equipment available for this contract. List type,size(i.e.2 ton truck) 4. List other available equipment such as chippers,loaders, power saws, ect. 5. Does your company have a current (2016) City of OPH Tree Worker's License? , (Required before starting work) 6.Are workers currently certified(EHAP)to work around electrical hazards? (Recommended for all tree work but Re uired if overhead power lines are in the work area Page 5 of 9 Page 60 of 158 City of Oak Park Heights 2016 Winter Boulevard Tree Pruning and Removals List Work Item#'s Indicating a CL denoted after indicates: Prune trees only for 16 feet clearance over street(and driveway,if necessary).Additional instructions,if any,in Comments section. WORK LOCATION SPECIES Size Comments ITEM# (Address or Park) (trunk diameter in inches) 1 551h Street N/HWY 5, Oak 11 Closest to No Parking Sign,Prune for visibility Memorial Ave 2 55th Street N/HWY 5, Oak 16--7 Hanging into street east of no parking sign,prune tree Memorial Ave 12 for visibility (multi- stemmed) 3 Linear Park Boxelder 10 South side of trail,West of trash can,Tree is marked with orange"X"on trunk,Remove tree and debris 4 13767 551h Street N Silver Maple 11 Prune 5 13983 551h Street N Oak 13 Oak closest to stop sign,Prune on to enhance sign visibility 6 City Hall oak 16 West of entrance to Public Works Garage,Prune 7 City Hall Ash 10 Employee Lot entrance,Prune tree and prune for CL 8 City Hall Ash 12 Employee Lot Entrance,Prune tree and prune for CL 9 City Hall Ash 14 Employee Lot,East end near DO NOT ENTER sign,Prune tree and prune for CL ZU 5471 Oakgreen Place Silver Maple 14 NW corner of lot,near powerlines,prune tree and N decaying branch Page 6 of 9 Page 61 of 158 11 5491 Oakgreen Place Ash 17 Prune tree and broken hanging branch N 12 5535 Oakgreen Place Silver Maple 14 Right of Driveway,Prune N 13 14088 53rd Street N Ash 11 Prune broken hanging branches 14-CL 14054 53rd Street N Ash 12 15 14054 53rd Street N Silver Maple 18 Prune tree and prune for CL 16 14054 53'd Street N Ash 20 Prune branch hanging over driveway 17 14010 531d Street N Ash 13 Prune broken hanging branch and prune for CL 18 14010 541h Street N Ash 20 Prune tree and broken hanging branches 19 14034 54th Street N Ash 17 Right of driveway,Prune tree and broken hanging branches 20 14055 54th Street N Silver Maple 18 Prune 21 14196 Upper 54th Ash 15 Corner Upper 54th Street N and O'Brien Ave N near Street N Street Sign,remove lowest limb on ash towards flower garden('"5-6"limb),Remove branch hanging over street sign and prune tree 22-CL 14335 55th Street N Silver Maple 18 23-CL 14419 55th Street N Silver Maple 23 24-CL 14522 55th Street N Ash 13 Prune tree and prune for CL 25-CL 14522 551h Street N Ash 19 Prune tree and prune for CL 26-CL 14522 55th Street N Ash 15 West of Hydrant,Prune tree and broken branches 27 14448 55th Street N Ash 15 Prune broken hanging branch 28-CL 5595 Oldfield Ave N Linden 24 Prune tree and prune for CL 29 14523 57th Street N Ash 18 Prune broken hanging branch 30 14495 Upper 56th Ash 20 Prune broken hanging branches Street N(Omaha Frontage) 31 14495 Upper 56th Ash 16 Prune broken Hanging branches Street N(Omaha Ave N Frontage) 32 5580 Omar Ave N Ash 14 Right side of drive way,Prune for clearance over driveway 33 5580 Omar Ave N Silver Maple 17 Remove branch hanging over driveway,Prune tree 34 5580 Omar Ave N Ash 12 3rd tree left of driveway,Prune 35 5675 Oren Ave N Poplar 18 Prune to enhance sign visibility (Upper 56th Street N Frontage) Page 7 of 9 Page 62 of 158 36 5676 Osgood Ave N Ash 12 Closest Ash to Upper 56th Street Corner N,Prune tree to enhance visibility 37 14787 Upper 561h Honeylocust 16 Prune Street N 38 14787 Upper 56th Ash 12 Prune Street N 39 14787 Upper 56th Honeyiocust 6 Prune Street N 40-CL 14884 Upper 55th Silver Maple 22 Prune tree and prune for CL Street N 41 Valley View Park Linden 16 West side of road across from wood posts when entering Road park,Prune tree 42 Valley View Park Oak i5 North End of Parking Lot near light,Prune Parking Lot 43 Valley View Park Oak 21 North End of Parking Lot near light,Prune Parking Lot 44 Valley View Park Oak 15 East side of Lot,Prune Parking Lot 45 Valley View Park Oak 16 North End of Parking lot,North of Trash Enclosure,Prune Parking Lot 46 Valley View Park Oak 15 North End of Parking lot North of Trash Enclosure,Prune Parking Lot 47 Valley View Park Oak 8 North End of Parking lot,North of Trash Enclosure,Prune Parking Lot 48 Valley View Park Oak 15 North End of Parking lot,North of Trash Enclosure,Prune Parking Lot 49 Valley View Park Oak 26 North End of Parking lot,North of Trash Enclosure,Prune Parking Lot 5® Valley View Park Oak 24 North End of Parking lot,North of Trash Enclosure,Prune Parking Lot 51 Valley View Park Oak 32 North End of Parking lot,North of Trash Enclosure,Prune Parking Lot 52 Valley View Park Elm 22 Trail South of Playground,Remove limb hanging over trail 53 Valley View Park Trail Cottonwood 20 South of Oak Park Crossings Playground on West side of trail south of bench,Dead,Remove tree and debris- Marked with painted orange ring around trunk 54 Valley View Park Trail Paper Birch 12 Fallen,Remove tree and debris,marked with bright orange paint,South of Cottonwood 55 Valley View Park Trail Paper Birch 8 Leaning over trail,Remove tree and debris,marked with bright orange paint,South of Paper Birch listed above 56 1426160th Street N Silver Maple 24 Prune (Oldfield Ave N Frontage) Page 8 of 9 Page 63 of 158 57 EFrontage) 6160th Street N Hackberry 9 Prune field Ave N $8 1426160th Street N Ash 14 Prune (Oldfield Ave N Frontage) 59 5952 Oldfield Ave N Ash 13 Prune 60 5876 Oldfield Ave N Ash 16 Prune 61 5876 Oldfield Ave N Maple 18 Prune 62 5826 Oldfield Ave N Ash 19 Prune 63 5826 Oldfield Ave N Ash 17 Prune 64 5819 Oldfield Ave N Ash 14 Prune 65 5835 Oldfield Ave N Hackberry 12 Prune 66 14385 59tfi Street N Hackberry 21 Near Powerlines,Prune (Olinda Ave N Frontage) 67 14385 591h Street N Ash 20 Near Powerlines,Prune (Olinda Ave N Frontage) 58 5851 Oldfield Ave N Ash 20 Prune 69 5886 Olinda Ave N Ash 15 Prune 70 5886 Olinda Ave N Red Maple 6 Prune 71 5889 Olinda Ave N Hackberry 14 Prune 72 5872 O inda Ave N Silver Maple 24 Prune 73 5857 Olinda Ave N Silver Maple 24 Prune 74 5857 Olinda Ave N Sugar Maple 14 Prune 75 5817 Olinda Ave N Sugar Maple 15 Prune 76 5817 Olinda Ave N Sugar Maple 17 Prune 77 5810 Olinda Ave N 8oxelder 27 Prune 78 Across from 5886 Hackberry 9 Prune and Prune for CL Olene Ave N. 79 1 By drive into St.Croix Silver Maple 12 Prune mail area off of Olene Ave N. Page 9 of 9 Page 64 of 158 Lisa Danielson From: Lisa Danielson Sent: Monday, February 08,2016 7:06 AM To: 'Christopher Muehleck' Subject: Winter 2015 Pruning and Removals List Quote Request Attachments: City of Oak Park Heights 2016 Winter Pruning and Removals List.pdf;2016 Winter Tree Quote Form.xlsx Mi Chris, Attached is the quote request packet for the City of Oak Park Heights Winter 2016 Boulevard Tree Pruning and Tree Removals List with details and other important information.Work items are located along City boulevard right-of-ways, City trails,and in City parks. Please use the attached spreadsheet when preparing your itemized quote work the following tree work items(#1-79).The deadline for submission of quotes is Wednesday, February 17"'at Noon for consideration at the City of Oak Park Heights City Council Meeting on Tuesday, February 231d 2016.Quotes may be submitted in person at City Hall, mailed,faxed (653.)-439-0574,or sent electronically to me via email. If you have any other questions feel free to contact me. Thank You, Lisa Danielson City of Oak Park Heights,Arborist (651)-439-4439 Idanielson@citvofoakparkheights.com 1 Page 65 of 158 2016 CITY OF OPH WINTER TREE PRUNING AND REMOVAL QUOTE FORM Contractor: St. Croix SavATree Contact Person: Chris Muehleck Address: 675 Grupe St. Roberts,WI 54023 Phone No.: (651)770-3744 Work Item Quote Amount Work Item Quote Amount $60.00 41 $80.00 2 $60.00 42 $95.00 3 $125.00 43 $95.00 "1 $60.00 44 $95.00 5 $60.00 45 $95.00 6 $135.00 46 $95.00 7 $65.00 47 $55.00 8 $65.00 48 $95.00 9 $75.00 49 $160.00 10 $75.00 50 $160.00 11 $85.00 51 $195.00 12 $75.00 52 $95.00 13 $65.00 53 $450.00 14 $60.00 54 $125.00 15 $85.00 55 $95.00 16 $65.00 56 $95.00 17 $65.00 57 $65.00 18 $90.00 58 $75.00 19 $90.00 59 $65.00 20 $85.00 60 $65.00 21 $95.00 61 $75.00 22 $85.00 62 $95.00 23 $85.00 63 $95.00 24 $75.00 64 $85.00 25 $75.00 65 $75.00 26 S65.Op 66 $165.00 27 $65.00 67 $165.00 28 $115.00 68 $95.00 29 $65.00 69 $85.00 30 $65.00 70 $50.00 31 $65.00 71 $75.00 32 $65.00 72 $95.00 33 $75.00 73 $95.00 34 $65.00 74 $85.00 35 $65.00 75 $85.00 36 $65.00 76 $85.00 37 $85.00 77 $125.00 38 $65.00 78 $65.00 Page 66 of 158 39 $50.00 79 $65.00 40 $95.00 Column Subtotal: $3,030.00 Column Subtotal: $2,890.00 TOTAL BID: $5,920.00 Page 67 of 158 RECEIVED reb 16 2016 2016 Contractor Qualifications f om "evhft PM 1. List of References/Similar Projects Company or City / Contact Name Phone Number Last Work Date ]� — "7 ho 2. Name of person who will supervise this work and the number of years of experience L�� Is this supervisor an ISA Certified Arborist? Certificate Number: Expiration-IL (Required) /'7./1/ � 3.List motorized equipment available for this contract. List type,size(i.e. 2 ton truck) s C &- 4. List other available equipment such as chippers, loaders, power saws,ect. S. Does your company have a current (2016) City of OPH Tree Worker's License?k (Required before starting work) /� 6.Are workers currently certified(EHAP)to work around electrical hazards? —./17r/f �'!% (Recommended for all tree work but Required if overhead Power lines are in the work areal Page 5 of 9 Page 68 of 158 Lisa Danielson From: Lisa Danielson Sent: Monday, February 08, 2016 7:08 AM To: 'Paul Asleson' Cc: 'customercare@ytsco.com' Subject: Winter 2015 Pruning and Removals List Quote Request Attachments: City of Oak Park Heights 2016 Winter Pruning and Removals List.pdf,2016 Winter Tree Quote Form.xlsx Hi Paul, Attached is the quote request packet for the City of Oak Park Heights Winter 2016 Boulevard Tree Pruning and Tree Removals List with details and other important information.Work items are located along City boulevard right-of-ways, City trails, and in City parks. Please use the attached spreadsheet when preparing your itemized quote work the following tree work items(#1-79).The deadline for submission of quotes is Wednesday, February 17th at Noon for consideration at the City of Oak Park Heights City Council Meeting on Tuesday, February 23rd 2016.Quotes may be submitted in person at City Hall, mailed,faxed (651)-439-0574,or sent electronically to me via email. If you have any other questions feel free to contact me. Thank You, Lisa Danielson City of Oak Park Heights,Arborist (651)-439-4439 Danielson@cityofoakparkheights.com i Page 69 of 158 2016 CITY OF OPH WINTER TREE PRUNING AND REMOVAL QUOTE FORM Contractor: YTS Companies Contact Person: Paul Asleson Address: 14310 Northdale Blvd., Rogers MN. 55374 Phone No.: 612-597-6789 Work item Quote Amount Work Item Quote Amount 1 $40.00 41 $150.00 2 $40.00 42 $150.00 3 $225.00 43 $150.00 4 $105.00 44 $150.00 5 $25.00 45 $150.00 6 $170.00 46 $150.00 7 $115.00 47 $100.00 8 $115.00 48 $150.00 9 $115.00 49 $175.00 10 $125.00 50 $175.00 11 $125.00 51 $175.00 12 $125.00 52 $175.00 13 $45.00 53 $625.00 14 $40.00 54 $375.00 15 $145.00 55 $225.00 16 $40.00 56 $175.00 17 $40.00 57 $105.00 18 $150.00 58 $125.00 19 $145.00 59 $125.00 20 $150.00 60 $150.00 21 $135.00 61 $150.00 22 $45.00 62 $150.00 23 $45.00 63 $150.00 24 $125.00 64 $105.00 25 $125.00 65 $105.00 26 $125.00 66 $150.00 27 $30.00 67 $150.00 28 $125.00 68 $150.00 29 $35.00 69 $125.00 30 $45.00 70 $50.00 31 $45.00 71 $125.00 32 $40.00 72 $150.00 33 $125.00 73 $175.00 34 $125.00 74 $150.00 35 $40.00 75 $150.00 36 $40.00 76 $150.00 37 $125.00 77 $200.00 38 $125.00 78 $50.00 Page 70 of 158 39 $75.00 79 $125.00 40 $150.00 Column Subtotal: $3,805.00 Column Subtotal: $4,640.00 TOTAL BI®: $8,445.00 Page 71 of 158 r d�,1��r �_(1T��?'r;•"iTit �_ :it`'.� .t:C;'rZS 8.List of References/Similar Projects Company or City Contact Narree Phone Number Last Work bate 2.Name of person who will 111.4"I;J X14' r of years of experience Is this supervisor an ISA Certified Arborist? lr: Certificate Number:M1V-Wd xpiration--,.— (Required) 3.List motorized equipment available for this contract.List type,size(i.e.2 ton truck) L 7-Tp(' L- .I q p 5 A C LV, 'Tri 5 70079 enon'i r 5 i age 4. List other available equipment such as chippers,loaders,power saws,ect. All-44 Ar-K r-1,t1&+i-!', &.-. w .f5sk_atr�rlrnr 5. Does your company have a current (2016) City of OPH Tree Worker's license? Y� _ (Required before starting work) 6.Are workers currently certified(EHAP)to work around electrical hazards? (Recommended for all tree work butft9uired If overhead upwer lines are in the work areal Page 5 of 9 Page 72 of 158 Previous Project References City of Bloomington Annual Dead and Diseased Tree Removal Public Works Supervisor: Dave Hanson Phone: 952-563-8765 Date of Contract: 2014-Current Contract Value: $75,000 City of Bloomington Ash Tree Removal and Restoration(3)Parks Public Works Supervisor:Dave Hanson Phone: 952-563-8765 Date of Contract: 2015 Contract Value: $22,000 City of Coon Rapids Annual Dead and Diseased Tree Removal City Forester: Tom Schibilla Phone: 763-767-6455 Date of Contract:2014-Current Contract Value: $75,000 City of Cottage Grove Boulevard Ash Tree Removal and Restoration City Forester: Steve Bowe Phone: 651-458-2849 Date of Contract: 2014 Contract Value: $30,000 City of St. Paul Ash Treatment for EAB City Forester: Rachel Coyle Phone: 651-325-1697 Date of Contract: 2014-Current Contract Value: $70,000 Page 73 of 158 Lisa Danielson From: Lisa Danielson Sent: Monday, February 08, 2016 7:09 AM To: 'tyler@woodchucktree.com' Subject. Winter 2015 Pruning and Removals List Quote Request Attachments: City of Oak Park Heights 2016 Winter Pruning and Removals List.pdf;2016 Winter Tree Quote Form.xlsx Hi Tyler, Attached is the quote request packet for the.City of Oak Park heights Winter 2016 Boulevard Tree Pruning and Tree Removals List with details and other important information.Work items are located along City boulevard right-of-ways, City trails,and in City parks. Please use the attached spreadsheet when preparing your itemized quote work the following tree work items(#1-79).The deadline for submission of quotes is Wednesday,February 17th at Noon for consideration at the City of Oak Park Heights City Council Meeting on Tuesday, February 23rd 2016.Quotes may be submitted in person at City Ball, mailed,faxed(651)-439-0574,or sent electronically to me via email. If you have any other questions feel free to contact me. Thank You, Lisa Danielson City of Oak Park Heights,Arborist (651)-439-4439 Idanielson@cityofoakparkheights.com 1 Page 74 of 158 Esto` mate Date 2/8/2016 Estimate # 126 Name / Address City of Oak Park Heights Attn: Lisa Danielson P. O. Box 2007 Oak Park Heights, MN 55082 P.O. # Terms Due Date 2/8/2016 Other Description 1 Qty Rate Total 2018 winter tsoulevard Tree Pruning and Removal 79 60.00 4,740.00 Project Thank you, Dave and Tyler ...._............ Subtotal 4 1-�.r-.'C Sales Tax (7.12596) $0.00 Total $4,740.00 Page 75 of 158 Lisa Danielson From: Tyler Jacobson <tyler.andrew jacobson@gmaii_com> Sent: Wednesday, February 17, 201611:39 AM To: Lisa Danielson Subject: Re:Winter 2015 Pruning and Removals List Quote Request Tyler Jacobson Woodchuck Tree Care Tyler Jacobson will be on site Supervisor. ISA Certified Arborist since 2011 16 years of Tree Care experience ] n - l Trucks and Equipment: 2015 Ford chip truck 1998 International Chip truck - } 1995 Ford loader truck 1998 Ford bucket truck 2003 Chevy pick up truck &'pyQlen� 2015 Brush Bandit chipper ''11 2004 Vermeer Stump grinder 2006 Multi Track Best, Tyler Woodchuck 612-385-1789 Sent from my!Phone On Feb 8,2016,at 7:09 AM, Lisa Danielson<LDanielson ci ofoak arkhei hts.com>wrote: Hi Tyler, Attached is the quote request packet for the City of Oak Park Heights Winter 2016 Boulevard Tree Pruning and Tree Removals List with details and other important information. Work items are located along City boulevard right-of-ways,City trails,and in City parks. Please use the attached spreadsheet when preparing your itemized quote work the following tree work items(#1-79).The deadline for submission of quotes is Wednesday,February 17th at Noon for consideration at the City of Oak Park Heights City Council Meeting on Tuesday, February 23rd 2016. Quotes may be submitted in person at City Hall, mailed,faxed (651)-439-0574,or sent electronically to me via email. If you have any other questions feel free to contact me. Thank You, Lisa Danielson City of Oak Park Heights,Arborist (651)-439-4439 1 Page 76 of 158 ` I dani el son@ cftypfoak arkhei hts.cur <City of Oak Park Heights 2016 Winter Pruning and Removals List .pdf> <2016 Winter Tree Quote Form.xlsx> z Page 77 of 158 THIS PAGE IS INTENTIONALLY LEFT BLANK Page 78 of 158 Oak Park Heights Request for Council Action Meeting Date February 23rd 2016 Time Required: 10 Minutes Agenda Item Title: Pizza,Ranch--Conditional Use Permit/Variance/Platting/Design Guidelines and Site Plan Review; 58`h Street and Memorial Ave. Agenda Placement New Business Originating Department/Requestor__Eric Johnson, Qity Administrator Requester's Signature Action Requested Discussion, Possible Action Background/Justification(Please indicate if any previous action has been taken or if other public bodies have advised): Please see the attached from City Planner Scott Richards: 1. Planning Report dated February 4th&February 17th,2016 2. Planning Commission Resolution-Unsigned 3. Proposed City Council Resolution Page 79 of 158 3601 Thurston Avenue N, Suite 100 Anoka, MN 55303 Phone: 763.231.5840 Facsimile: 763.427.0520 TPCTPQPP1annin9Cc.com PLANNING REPORT - CITY COUNCIL TO: Eric Johnson FROM: Scott Richards DATE: February 17, 2016 RE: Oak Park Heights — Pizza Ranch — Conditional Use Permits for a Restaurant and Setbacks; Preliminary/Final Plat; Variance for an Electronic Message Board; and Design Guidelines/Site Plan Review— Morning Dove Avenue — City Council TPC FILE: 236.02 — 15.11 BACKGROUND Ernest Swanson, representing All Things Are Possible PR, LLC has made applications for Conditional Use Permits for a restaurant use and setbacks; PreliminarylFinal Plat; Variance for an Electronic Message Board, and Design Guidelines/Site Plan Review to construct a new Pizza Ranch restaurant adjacent to the Lake Area Bank on Morning Dove Avenue. The Planning Commission, at its February 11, 2016 meeting, recommended the applications with conditions. The recommending resolution of the Planning Commission is attached. Additionally, the City Council resolution is attached for approval of the project. In advance of the meeting, the Applicants provided a re sed pylon sign design. They proposed to the Planning Commission that they would drop the request for the second monument sign with the electronic message board. Instead, they requested one freestanding sign with a secondary electronic message board. Please see the diagram as attached. A Variance is required to allow the sign that nas been proposed. The request is for a 20 foot high pylon sign, with 120 square feet of signage, and the electronic message board with 50 percent of the sign face. The Zoning Ordinance would allow an 18 foot high pylon sign, with 80 square feet of signage and an electronic message board that would be no more than 35 percent of the total sign face. Page 80 of 158 The Planning Commission was favorable to the one freestanding sign and the allowances that were requested. They indicated that going from two freestanding signs down to one, and a reduction in the sign face total from 160 square feet to 120 square feet was positive. CONCLUSION I RECOMMENDATION The City Council should consider the approval resolution as attached which includes the recommended conditions of the Planning Commission. pc: Julie Hultman 2 Page 81 of 158 a z la W u z Ow no, =1 z u ' u Q � x unc � 3 c %D " 3 10 e o r' 5 LL m e I R t r� � Y � �f n ■ h i Page 82 of 158 3601 Thurston Avenue N,Suite 100 ENCLOWRE Anoka, MN 86303 Phone: 763.231.6840 Facsimile: 763.427.0620 TPCTPC-§F1*nnlngCo.aom PLANNING REPORT TO: Eric Johnson FROM: Scott Richards DATE: February 4, 2016 RE: Oak Park Heights — Pizza Ranch Conditional Use Permits for a Restaurant and Setbacks; Preliminary/Final Plat; Variance for an Electronic Message Board; and Design Guidelines/Site Plan Review— Morning Dove Avenue TPC FILE: 236.02— 15.11 BACKGROUND Ernest Swanson, representing All Things Are Possible PR, LLC has made applications for Conditional Use Permits for a restaurant use and setbacks; Preliminary/Final Plat; Variance for an Electronic Message Board, and Design Guidelines/Site Plan Review to construct a new Pizza Ranch restaurant adjacent to the Lake Area Bank on Morning Dove Avenue. A Conditional Use Permit is required to allow the construction of a restaurant in the B-3 Highway Business and Warehouse District; the other Conditional Use Permit is to allow for a reduction in the front yard setback which is Morning Dove Avenue. A Variance is being requested to vary from the sign requirements of related to the changeable copy portion of the proposed electronic message board. In that this is a totally new building on an empty lot, the Applicant will need to comply with the Design Guidelines for the building and site improvements. EXHIBITS The review is based upon the following submittals: Exhibit 1: Project Narrative, January 13, 2016 Exhibit 2: ALTA/ACSM Land Title Survey(1) Page 83 of 158 Exhibit 3: Sketch of Description (1) Exhibit 4: Preliminary Plat (1) Exhibit 5: Final Plat (1) Exhibit 6: Proposed Lot Exhibit (1) Exhibit 7: Existing Site and Removals Plan (CIA 1) Exhibit 8: Proposed Site Plan (C2.11) Exhibit 9: Proposed Site Utility Plan (C2.12) Exhibit 10: Delivery Vehicle Access(C2.21) Exhibit 11: Grading Plan (C3.11) Exhibit 12: Grading Details (C3.21) Exhibit 13: Grading Details (C3.22) Exhibit 14: Stonnwater Pollution Prevention Plan (C4.11) Exhibit 15: Stormwater Pollution Prevention Notes and Details(C4.12) Exhibit 16: Civil Details(C5.11) Exhibit 17: Civil Details (C5.12) Exhibit 18: Civil Specifications (C5.21) Exhibit 19: Photometric Plan (C6.12) Exhibit 20: Landscape Plan (L1.11) Exhibit 21: Landscape Notes and Details (1-2.11) Exhibit 22: First Floor Plan (A1.21) Exhibit 23: Equipment Plan (A1.22) Exhibit 24: Exterior Elevations (A2.11) Exhibit 25: Exterior Elevations (A2.12) Exhibit 26: HVAC Screening Building Sections(A7.11) Exhibit 27: Trash Enclosure Details (S1.41) Exhibit 28: Wall Sign Plan Exhibit 29: Drive Up Sign Plan Exhibit 30: Pylon Sign Plan Exhibit 31: Monument Sign Plan and Details (Two Pages) Exhibit 32: Electronic Message Board Example Exhibit 33: Report of the City Arborist Exhibit 34: Report of the City Engineer PROJECT DESCRIPTION I & S Group, inc., the project architect and engineer has provided a Project Narrative found as Exhibit 1. Excerpts from the narrative are as follows: Project Location Morning Dome Avenue and Minnesota State Trunk Highway Number 5. Directly south of Lake Area Bank Site Identification Current: Lot 2, Block t, Oak Park Station Proposed. Lot 1 Block 1, Swansonville 2 Page 84 of 158 Proposal Summary A new 5,693 square hoot, 200 seat ground up building constructed to the National Franchise standards with a tentative opening in August of 2016. Community Impact Communities are filled with people who want to help out their favorite school or chanty and we're here to help you. Pizza Ranch's most popular program is their "Community Impact"Fundraising Events. Members of your organization come in and help serve the guests then receive donations from guests plus a percentage of sales from that night. It's a great way to raise awareness and money for your organization, team, or for a local family in need. Community Impact Fundraising Events are also a great way to build camaraderie by rallying around a common cause. it allows you the opportunity to interact directly with folks from your neighborhood. Pizza Ranch also offer a coupon book program, Round Up cards, and a variety of other fundraising opportunities and school programs. Many locations participate in our "Wagon Wheel" program which provides donations to local schools for each Wagon Wheel collected from Pizza Ranch pizza and chicken boxes. What is being requested? The applicant for the Pizza Ranch Oak Park Heights is asking that the following to be approved so that we may proceed with bringing a successful, fun and great community partner to the City of Oak Park Heights: 1. Site Plan Review 2. A conditional Use Permit for a restaurant with a take-out window in the B-3 Highway Business and Warehousing District (refer to Take-out Window section of narrative below) 3. Subdivision (Major) 4. Relocation of the existing 30' wide utility and drainage easement as plafted in Oak Park Station so that the center line thereof will be on the west properly line of the proposed Pizza Ranch parcel. 5. Vacating the easements of the underlying plats of Kem Center and Kem Center 2nd Addition (not the easements of Oak Park Station). 6. Vacating City Resolution 07-08-55 7. Approval of the site plan 8 Approval of the grading 9. Approval of the drainage plan 10.Approval of the landscape plan 11.Approval of the site photometncs plan 12.Approval of the floor plan 13.Approval of the exterior building finishes 14.Approval of roof top mechanical screening 15.Building mounted signage approval 16.Pylon sign approval 17.Monument sign approval(LED electronic message reader board) 3 Page 85 of 158 How compatible is the building with surrounding properties? This projects location will be taking an agricultural property and developing a restaurant that meets the brand image of Pizza Ranch but also harmonizes with the development design standards. The proposed building will be surrounded by an existing bank to the north, a proposed gun club facility to the south, and future businesses that are unknown to the west The CUP allows this type of business and it will be an enhancement to the area. it will fit in extremely well with the surrounding properties. Hours of Operation The restaurant will be open for lunch and dinner 7 days a week Service will begin at approximately Ilam and end at approximately IOpm. The lunch buffet will begin at approximately Ilam and end at approximately 2.00pm. The dinner buffet will begin at approximately 4.30pm and end at approximately 8:00pm. Number of Employees Two weeks prior to opening, all employees will be hired and start training. Pizza Ranch will create 4 full time jobs, General Manager, Assistant General Manager, Kitchen Manager, Guest Services Manager. There will be approximately 70 part time jobs created, most of who will average about 20 hours per week and about$74I l/hr. Proposed Building Materials The building will be composed of typical Pizza Ranch materials, this includes; engineered wood composite siding and trim, asphalt shingles, metal roof cap, architectural masonry block, and stone veneer wainscot ISSUES ANALYSIS Comprehensive Plan. The property is designated as Highway Business/Warehouse on the Proposed Land Use Map. The use of the site as a restaurant is consistent with the Comprehensive Plan. Zoning. The property is to be zoned B-3 General Business District. Restaurants are a Conditional Use. Section 401.300.E.2 of the Zoning Ordinance provides criteria for review. A review of the Conditional Use criteria is as follows: 2. Restaurants, cafes, tea rooms, taverns, and off-sale liquor without drive-through facilities provided that: a. No convenience food establishments with or without drive-through or drive-in facilities will be allowed. Comment: Pizza Ranch is considered a sit down restaurant. It is not a convenience food establishment as defined by the Zoning Ordinance. The drive up window is to pick up food only that had been previously ordered by phone or 4 Page 86 of 158 email. There is no order board. In that this proposal is different from a drive- through or drive-in as defined by the ordinance, Staff does not have an issue. b. Take out facilities with food and beverage served on or in disposable dishes shall not constitute more than ten (10)percent of the food service business. Comment: Most of the food service will be consumed in house. c. The use obtains all local, state and federal food and beverage handling licenses and/or permits Comment: All required licenses shall be obtained by the Applicant. d. There shall be no excessive noise or odors emitted from the use. e. There shall be no outdoor storage and/or display. Comment: There shall be no excessive noise, odors or outdoor storage. e. The hours of operation shall be limited as necessary to minimize the effect of nuisance factors such as traffic, noise and glare upon any neighboring uses. Comment: The restaurant shall be open seven days a week from 11:00 AM to 10:00 PM. f. Parking and loading areas are in conformance with the parking and loading requirements outlined in Section 401.15.F of this Ordinance. Comment: The site plan indicates adequate parking and loading areas. g. The loading spaces shall not be located within the front yard of a lot Comment: The loading areas will not be in the front yard. h. Adequate analysis and provisions are made to resolve issues related to traffic and demand for services. No use shall be allowed that will exceed the City's ability to provide streets, utility, police, fire, administrative or other services to the site. Comment: The streets and services are adequate to serve this use in this location. L The provisions of Section 401.03.A.7 of this Ordinance are considered and satisfactorily met Comment: A review of the criteria indicates that this use would be compatible with the Ordinance. 5 Page 87 of 158 Subdivision. The property is to be subdivided from Lot 2, Block 1, Oak Park Station. The new lot will be approximately 1.59 acres and will be platted as Lot 1 Block 1 Swansonville. The proposed lot will comply with the minimum lot size of 15,000 square feet and a lot width of 100 feet. The southwest line of the new lot will line up with the northeast lot that will be created for Range 082, the indoor shooting range that has been previously approved. The drainage easement that extends from the cul du sac through the property is proposed to be moved to the northwest property line. All vacation of easements and creation of new easements for the plat shall be subject to review and approval of the City Engineer and the City Attorney. Setbacks. Building setbacks required in the B-3 District are as follows: Building Setbacks Required Proposed Front 40 feet 23 feet cul du sac (cul du sac 65 feet Highway 5 and Highway 5) Side 10 feet 66 feet northwest 65 feet northeast Rear 20 feet 177 feet southwest All of the setbacks will comply with the requirements except for the front yard building setback to the Moming Dove Avenue cul-du-sac. The building setback is 40 feet and the site plan indicates a 23 foot setback. Due to the configuration of the lot and the current location of Morning Dove Avenue, a setback conditional use permit seems reasonable. Section 401.15.C.1.e.5) of the Zoning Ordinance allows for deviations from the setback by conditional use. Please find a review of this request as follows: 5) A required yard on a lot may be reduced by a conditional use permit If the following conditions are met: a) The reduction of setback requirements is based upon a specific need or circumstance which is unique to the property in question and which, if approved, will not set a precedent which is contrary to the intent of this Ordinance. Comment: The location of the cul du sac and the fact that it qualifies under the definitions as the front yard is unique to this lot and limits the use of a significant portion of the lot. The setback as proposed allows for access through the site. b) Property line drainage and utility easements as required by the City's Subdivision Ordinance are provided and no building will occur upon this reserved space. 5 Page 88 of 158 Comment: There will be no building located on the drainage and utility easements. c) The reduction will work toward the preservation of trees or unique physical features of the lot or area. Comment: There are no trees or unique physical features of the lot except for the existing location of the cul du sac that provides site design challenges. d) If affecfing a north lot line, the reduction will not restrict sun access from abutting lots. Comment: There is no impact to abutting lots. e) The reduction will not obstruct traffic visibility, cause a public safety problem and complies with Section 401.15.B.6 of this Ordinance. Comment: The reduction will not result in any traffic or safety issues. f) The conditions of Section 401.03.A.8 of this Ordinance are considered and satisfactorily met. Comment: A review of the criteria indicates that this use would be compatible with the Ordinance. All parking and drive aisles must be set back at least 10 feet from the property line. All of the parking and driveway areas are compliant with this requirement. Traffic CirculadonlCurb Cuts. The site will be accessed by Morning Dove Avenue with two curb cuts. The Zoning Ordinance indicates that driveway access curb openings on a public street shall not be located less than 40 feet from each other for commercial properties. The two curb cuts are approximately 35 feet apart. The City Engineer does not see an issue with the curb cut separation, especially in that this is on a cul du sac. Pedestrian Access. The site plan indicates a connection to the existing sidewalk on Moming Dove Avenue. The sidewalk would continue around the cul de sac and a connection has been made to the sidewalks around the building. Deliveries. The Applicant has indicated that deliveries would be brought via semi-truck usually at off peak hours. The semi would park near the near of the structure in the driveway or parking area. Drive Up Window. The Pizza Ranch will feature a drive up window for preorders. There is no order board. As a result, the customer will only need to pay and receive their product, thus reducing the time in a typical restaurant drive through. If a customer arrives before the order is ready, the payment is processed and the customer proceeds 7 Page 89 of 158 to parking stalls designated for pick up only. The stacking space should accommodate three vehicles which will be more than adequate for this type of drive up window. Parking. The following table provides an analysis of proposed and required parking spaces: Parking Area Required Requirements Spaces 1 per 40§g uare feet 2,882 X.9=2,594 SF dining 65 1 per 80 square feet 1,897 X.9 = 1,707 SF kitchen 21 2 spaces I Drive-throu h window 2 TOTAL I 1 1 88 Per ordinance, the site would require 88 parking spaces. The site plan indicates 102 parking spaces on site with three additional in the drive through area. There is more than adequate parking for the restaurant. The site will also accommodate five disability accessible stalls in compliance with requirements. All of the parking stall and driveway dimensioning is within the requirements of the Zoning Ordinance. Snow Storage. The plans do not indicate an area for snow storage. The applicant shall provide a plan or indicate If snow will be hauled off the site. Landscaping. The submitted landscape plan is subject to City Arborist review and approval. City Arborist comments are found as an exhibit to this report. Lighting. The submitted photometric plan illustrates light levels that are within the maximum of .4 foot candles at the property lines except for the northeast property line. The fixture should be adjusted to meet this requirement. Light standards may not exceed 25 feet from the ground surface to the top of the light fixture. With the proposed base, this height may be exceeded with what is shown on the plans. The freestanding light fixtures, as provided in the application materials, are to be a LED fixture that will be full cut off. Any lights visible through the windows of the structure should also be shielded and full cut off. The plans do not indicate any wall fixtures as had previously been proposed when Pizza Ranch considered another location. Applicant should clarify if there will be any wall fixtures on the building. The pians do show under the parapet lighting that will be full cut off. The plans do not indicate which parapets will be lit. The Zoning Ordinance allows for decorative fixtures and lighting of architectural features, subject to approval of the City Council. The Applicant should provide details on any wall fixtures or architectural lighting. The Planning Commission should comment on the use of the architectural lighting. All light fixtures will need to comply with Section 401.15.8.7 of the Zoning Ordinance as it relates to lighting requirements. 8 Page 90 of 158 Trash Storage. The plans show the location and design of the trash enclosure. The gates will also need to be constructed of wood to match the structure. Chain link fence material will not be allowed. Mechanical Screening. The plans indicate that the parapet walls are designed to totally screen the mechanical equipment. Exhibit 26 includes a graphic that shows how the equipment will be screened. All mechanical equipment shall be required to be screened as provided in accordance with the Zoning Ordinance requirements. Grading, Drainage, Erosion Control and Utilities. Grading, drainage, erosion control, and utility plans are subject to review and approval by the City Engineer. Storm water issues are also subject to review and approval by the Brown's Creek Watershed District. Signage. Freestandinc Sion. The applicant has proposed an 18 toot pylon sign and a 15 foot monument sign, both along the Highway 5 frontage. The proposed pylon sign and monument sign would each be 80 square feet in size. The sign regulations allow for the two signs as proposed. The monument sign will be an electronic message board. The plans indicate sign that 69 percent of the area of the sign would be an electronic message. The electronic message board sign must be in compliance with Section 401.15.G.10.a. of the Zoning Ordinance. The changeable copy portion of the sign shall not occupy more than 35 percent of the actual copy and graphic area of the sign. This request shall require review of a Variance to allow the proposed electronic sign area. Section 401.15.G.16 of the sign regulations provides criteria for review of Variances. That review is as follows: 1) That particular physical surrounding, shape, or topographical conditions of the specific parcel of land involved exist Comment: There is no issue with visibility in this area_ Other examples of electronic message boards along Highway 36 have complied with this requirement. 2) That the condition involved is unique to the particular parcel of land involved. Comment: There is nothing unique to this particular parcel of land. It is not within the Destination Retail Highway Sign District that makes allowances for properties impacted by the intersection of Highways 36 and 5. Stillwater Motors has been provided this allowance in that they are within the Sign District and agreed to reduce the amount of special event signage in exchange for the electronic message boards. 9 Page 91 of 158 3) That the purpose of the variation is not based exclusively upon a desire to increase the value of Income potential of the business involved. Comment: The applicant has indicated that the purpose is to provide an electronic sign face large enough to accommodate their desired message. 4) That the alleged difficulty or hardship is caused by this Ordinance and has not been created by any persons presently having an interest in the parcel. Comment: That is not the case in this request. 5) That the granting of the variation will not be detrimental to the public welfare or injurious to other land or improvements in the neighborhood. Comment: The variation will not be detrimental to the public welfare, but may set precedence for other sign variance requests. 6) That the proposed variation will not impair an adequate supply of light and air to adjacent properly, or substantially increase the congestion of the public streets or interfere with the function of the Police and Fire Departments of the City. Comment: The request will not have an impact on air and light to adjacent properties and will not interfere with public streets. For the reasons listed above, Staff would not support the Variance for the electronic message board to exceed 35 percent of the overall sign area. The Design standards recommend the use of ground or monument signs rather than pylon signs. Most of the new signs constructed along the Highway 5 and 36 frontages in recent years have been monument signs. Staff recommends that the pylon sign be constructed as a monument sign to match the other sign. Wall Slonasie. The following wall signage is proposed: Total No. Total Sin Square Feet of Signs Square Feet Southwest Facade: 72 1 72 Southeast Fagade: 72 1 72 Northwest Facade: Blade sign -5 1 5 TOTAL 3 149 10 Page 92 of 158 The Zoning Ordinance would allow for three wall signs on separate building facades. The total allowable sign area, with the freestanding signs, would be 200 square feet. The applicant has proposed a total of two wall signs and one blade sign with a total of 949 square feet. Sian Illumination. The pylon sign is proposed to be intemally lit and the monument sign is an electronic message board. The wall signs are back lit and will be compliant with the Ordinance. The blade sign will be lit by goose-neck fractures. As long as the light source is totally shielded of the blade sign, the fixture will be compliant. The signs will be required to comply with the Zoning Ordinance lighting requirements. Staff will approve the lighting specifications for the signs at the time of permitting. Design Guidelines Sustainable Guidelines. City staff has questioned the applicant on how the project has been designed to achieve at least a certain degree of sustainability. The Applicant will need to discuss the methods in building construction and site design with the Planning Commission of how these issues have been addressed. Architectural Guidelines. Fagade Treatments The building will have a definite base, middle and top. The fagades features a stone base, brick, and a wood parapet. There is also a prominent porch and a varied parapet heights to provide architectural interest. Ground Level Exr)ression This is a one story building with excellent visibility to Highway 5. The main entrance is well defined by the porch roof. Transparency_ The building uses glass on all of the facades except for the rear. The Design Guidelines requires at least a 20 percent transparency on ground floor, street facing facades. The ground floor of the fagade facing Highway 5 is three percent transparent. Front fagade of the structure has a transparency of 6 percent. The Planning Commission should discuss this. Based upon the design of the building and its architecture,the transparency numbers may not be so critical. Entries The building features a prominent entry with a double door and the gabled end of the porch roof. Roof Design The roofline is broken into segments on all of the facades by a varied parapet. The rooftop mechanical equipment will be completely screened within the parapet of the building. 11 Page 93 of 158 Buildino Materials and Colors The applicant has provided color elevations for review. The primary building materials of brick, stone and glass will comply with the guidelines. All of the elevations also feature the stone base and use of brick on a portion of the fagade. None of the prohibited building materials will be used. Building material samples will be available at the Planning Commission meeting. Franchise Architecture The building is a franchise design but the materials have been changed to comply with the Design Standards. This should be discussed by the Planning Commission. Site Design Guidelines Building Placement The proposed building has a well defined entrance facing northbound Highway 5. Parkina Areas The parking area is landscaped with perimeter plantings as well as plantings around the building. Storm water Storm water will be addressed by the City Engineer. Pedestrian and Common Space The plans indicate extension of the sidewalk from Morning Dove Avenue to the sidewalk adjacent to the building. Landscapina Building entrance plantings have been provided within the parking area, but outside of the area under the porch. TreestShrubs The trees and shrubs used in the landscape plan shall be subject to'the review and approval of the City Arborist. The Arborlst has indicated that the plan is well designed with a good variety of plant materials. Utiikes/Service/Loading/Drive-Throuoh/Storaoe Areas Addressed elsewhere in the planning report. Liahtina Addressed elsewhere in the planning report. Sionaoe Addressed elsewhere in the planning report. 12 Page 94 of 158 Pedestrian/Bicycle Routes A bike rack will be required. The applicant should identify a location. CONCLUSION I RECOMMENDATION Subject to the preceding review, City staff recommends approval of the following listed requests subject to the conditions that follow: Conditional Use Permit for a Restaurant. • Conditional Use Permit for Front Yard Setback • Preliminary and Final Plat Variance for Electronic Message Board • Design Guldelines/Slte Plan Review 1. The final plat and all vacation of easements and new easements shall be subject to the review and approval of the City Engineer and City Attomey. 2. The Planning Commission should comment on the request for the front yard setback Conditional Use Permit. 3. The City Engineer should comment on the distance between curb cuts on the cul du sac. 4. All grading, drainage, erosion control, and utility plans are subject to review and approval of the City Engineer. Stormwater plans are also subject to review and approval of the Browns Creek Watershed District. 5. All light fixtures shall be full cut off, compliant with the height requirements, and be consistent with Section 401.15.13.7 of the Zoning Ordinance as it relates to lighting requirements. 6. The Planning Commission shall comment on the lighting of the building's architectural features. The Applicant shall indicate where the building lighting will be added. 7. The Planning Commission shall comment on the building design and building materials. The applicant shall provide building material samples for Planning Commission review. 8. The trash enclosure shall be redesigned with matching wood gates. 9. All mechanical equipment on the roof or on the site shall be fully screened in accordance with the provisions of the Zoning Ordinance. 10. The Applicant shall provide a snow removal plan or indicate if the snow will be hauled off site. 13 Page 95 of 158 11. The Applicant shall replace the proposed pylon sign with a monument sign compliant with the signage requirements of the Design Guidelines 12. The Planning Commission should consider the Variance request for the electronic message board. 13. Outdoor lighting for the parking areas shall be turned off one hour after closing, except for approved security lighting. 14. All signs shall be designed to comply with the Zoning Ordinance requirements for intemal illumination. 15. The landscape plan shall be subject to the review and approval of the City Arborist. 16. A bike rack should be identified on the site plan and placed on site. 17. The Planning Commission should discuss the glass transparency of the building facades. 18. The Applicant shall discuss methods of construction and site design as it relates to sustainability with the Planning Commission. pc: Julie Hultman 14 Page 96 of 158 i lam LAMBIT PROJECT NARRATIVE Project Mame: INaa Ranch Oak Park Heights Submittal Date:3anuary 13,2016 Applicant All Things Are Possible PR, LLC Ernest Swanson 1885 Newberry Avenue North Stillwater, Minnesota 55082 Phone. (651)436-7413 Email: ernieswanson(bmsn.com Architect/Engineer I+S Group,Incorporated Joey Wendinger 115 East Hickory Street-Suite 300 Mankato, Minnesota 56001 Phone: (507)387-6651 Email:Joey.wendingerGis-grp.com Prqject Location Morning Dove Avenue and Minnesota State Trunk Highway Number 5. Directly south of take Area Bank Site Identificadmi Current: Lot 2,Block 1,Oak Park Station Proposed: Lot 1 Block 1,Swansonville Proposal Summary A new 5,693 square foot,200 seat ground up building constructed to the National Franchise standards with a tentative opening in August of 2016 Quids Stats about Pizza Ranch Mission: to give every guest a legendary experience. Vision: To glorify God by positively impacting the world. Founder:Adrle Groeneweg Year Founded: 1981 Founding Location: Hull,Iowa Number of Locations: 190+ Locations across 13 States including Iowa, Minnesota,South Dakota,North Daknta.Wismnsin. Miehinan. Nabraska_ T111nnls_ Kansas_Cnlnrarin. Micsnurl and NMni-ana "gnu Starters and Sides: Pizza Ranch's buffet features a variety of appetizers. Included in these are buttery and crispy garlic bread,fresh-baked breadsticks topped with a savory blend of herbs and spices,cheesy,crispy garlic cheese bread,bread sticks, hot wings,chicken fries,ranch potato wedges,salad bar, ranch chips, hot mashed potatoes and gravy. Home of the Pizza Lover's Pizza& Pizza Ranch's buffet fisatures a wide range of pizzas to fulfill the cravings of young and old.With a variety of crusts,sauces,and toppings,you're sure to find one that tempts your tastebuds.If you don't see your favorite on the buffet,just request it and not only will It be made for you,the very first slice will be delivered to youl 115 E.Hickory Sweep. ;4ItE 3 iu + i�arikaro,Mh<�6SiG: 507.9e37.6651 + www is-grp.ecm, ARCHITECTURE +ENGINEERING +ENVIRONMENTAL +PLANNING Page 97 of 158 C Country's Best Chicken®: Pizza Ranch's Crispy Ranch Chldmn®has a perfect blend of spices and seasonings. It's prepared just right to keep it molst Inside and crispy outside.You may also find other tasty preparations on our buffet, Including BBQ, Buffalo or Aslan Sesame Chicken. Hot Mashed Potatoes and Gravy: Pizza Ranch's mashed potatoes are the perfect addition to the Country's Best Chicken&Dressed with their chefs best gravy, its home cooking done right.Always hot and steamy,they complete your meal with a touch of good old-fashioned comfort. Wholesome Vegetables: Beans,corn, peas,add them to our Country's Best Chicken®and potatoes and you've got yourself a complete meal. Sensational Salads: Selections include bossed salad to fruit salads to vegetable salads,tole slaw and everything In between you can create a perfect start to your meal.Add a cup of soup and make it a meal. Find your favorite salad toppings and some new ones too. Fabulous Potato Wedges: Nothing satisfies quite like our potato wedges.Just the right crispiness outside and Huffiness inside,they're great as a starter,side,or with some butter and sour cream. Delectable Desserts:Cactus Bread® Is Pizza Ranch's signature sweet treat topped with cinnamon streusel and sweet Icing.'There are dessert pizzas that come In a variety of fantastic fruit flavors. Some locations have soft serve Ice cream! Beverages: Coca-Cola beverages are available.A wide range Including diet options,Powerade®,and iced teas are available on the buffet.To-Go orders can be completed with the addition of 20 oz.or 2 liter bottles of select varieties. In August of 2012, Pizza Ranch began serving 100%Ethiopian coffees Including"robust blend","hazelnut"and "decaf brew."Pizza Ranch has formed a strategic partnership with Ethiopia Reads to give back to the communities that provide our coffee. Read more about our coffee partnership and how the coffee you enjoy at Pizza Ranch is helping fund libraries and leaming centers In Ethiopia at http://www.pizzaranch.com/coffeepartnership Community impact Communities are filled with people who want to help out their favorite school or charity and we're here to help you. Pizza Ranch's most popular program Is their"Community Impact"Fundralsing Events. Members of your organization come In and help serve the guests then receive donations from guests plus a percentage of sales from that night.IVs a great way to raise awareness and money for your organization,team,or for a local family In need.Community Impact Fundralsing Events are also a great way to build camaraderie by rallying around a common cause.It allows you the opportunity to Interact directly with folks from your neighborhood. Pizza Ranch also offer a coupon gook program, Round Up cards,and a variety of other fundralsing opportunities and school programs. Many locations participate In our"Wagon Wheel"program which provides donations to local schools for each Wagon Wheel collected from Pizza Ranch pizza and chicken boxes. What Is being requeatedt The applicant for the Pizza Ranch Oak Paiic Heights is asking that the following to be approved so that we may proceed with bringing a successful,fun and great community partner to the City of Oak Park heights 1. Site Plan Review 2. A conditional Use Permit for a restaurant with a take-out window In the B-3 Highway Business and Warehousing District(refer to Take-out Window section of narrative below) 3. Subdivision(Major) 4. Relocation of the existing 30'wide utility and drainage easement as platted in Oak Park Station so that the center line thereof will be on the west property line of the proposed Pizza Ranch parcel. 5. Vacating the easements of the underlying plats of Kern Center and Kem Center 2nd Addition (not the easements of Oak Park Station). 6. Vacating City Resolution 07-08-SS 7. Approval of the site plan S. Approval of the grading 9. Approval of the drainage pian 10. Approval of the landscape plan Page 1-w 4 5G �F3;l.bSSi �vww.is-grP.carn Page 98 of 158 { �Ir S N, 11. Approval of the site photometrics plan 12. Approval of the floor plan 13. Approval of the exterior building finishes 14. Approval of roof top mechanical screening 15. Building mounted signage approval 16. Pylon sign approval 17. Monument sign approval(LED electronic message reader board) Take-out Window. The pidc-up window Is somewhat different than a"traditional"drive up window in most restaurants.The customers will call ahead to have their pizza and chicken prepared. To complete their order,they are given an approximate time that their order will be ready. When they leave their house or their work,they drive up to the window for their order. Because their order was prepared ahead of their arrival,the transaction time just consists.of paying for their product and receiving their product. Typically,there Is no"wait time." If a customer arrives before their order is ready, the payment is usually processed and the customer Is asked to pull around to one of the two parking stalls designated for"pick-up"customers only. As opposed to"traditional drive-up"where there Is a"squawk box"to place the order and then a window to pay and a window to pickup,our operation does not have this alignment. It is our experience that even when our restaurant is having a"rush hour,"typically we don't see more than two, maybe three cars in line at any time. Because the food Is prepared before the customer's arrival,we also do not experience the"wait"that a person would normally experience in a traditional drive thru lane. How compatible Is the building with surrounding properties? This projects location will be taking an agricultural property and developing a restaurant that meets the brand Image of Pizza Ranch but also harmonizes with the development design standards. The proposed building will be surrounded by an existing bank to the north,a proposed gun club facility to the south,and future businesses that are unknown to the west. The PUD allows this type of business and it will be an enhancement to the area. It will Fit In extremely well with the surrounding properties. Hours of Operation The restaurant will be open for lunch and dinner 7 days week. Service will begin at approximately 11am and end at approximately iopm.The lunch buffet will begin at approximately 11am and end.at approximately 2:00pm.The dinner buffet will begin at approximately 4:30pm and end at approximately 8:00pm. Number of Employees Two weeks prior to opening,all employees will be hired and start training. Pizza Ranch will create 4 full time jobs; General Manager,Assistant General Manager,Kltchen Manager,Guest Services Manager. There will be approximately 70 part time jobs created,most of who will average about 20 hours per week and about$7-$11/hr. Number of Parking Stalls Required Per City Code Zoning: B-3 Highway Business and Warehousing Parking Requirements At least one(1)space for each forty(40)square feet of gross floor area of dining and bar area. One(1)space for each eighty(80)square feet of kitchen area. Two(2)stalls for the drive-thru/drive-up window Dining &Buffet Area=2882 SF T 40 = 73 Stalls Required Kitchen Area = 1,897 _80 =24 Stalls Required Drive-up Window =2 Stalls Required Total required parking stalls- 99 Total parking stalls proposed on Pizza Ranch property= 102 Proposed Building Materials The building will be composed of typical Pizza Ranch materials,this Includes; engineered wood composite siding and trim,asphalt shingles, metal roof cap,architectural masonry block,and stone veneer wainscot. G=.na'i nF a Page 99 of 158 i Signage How Many -2 There will be 2, 15'long by 6'tall building mounted signs that are Internally Ilt. These will be installed on the east and south building facades. A 15'tall 80 square foot electronic message board ground mounted monument sign Is being proposed on the north east side of the property. Refer to the monument sign exhibit. An 18'tali 80 square foot pylon sign proposed on the south east side of the property. Refer to pylon sign exhibit. Lighting A site lighting and photometric plan is included in the submittal plan set. See lighting and photometric plans and the attached cut sheets for the proposed IIghting fixtures. Is There Outdoor Storage? A detached trash enclosure is proposed on the north sloe of the property.The trash enclosure will be finished with materials that match the building finishes Deliveries Deliveries are brought via semi-truck at off peak hours. it is proposed that the delivery trucks would station in the parking lot. 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Z O < U ¢ Z o < < ^� a N . a o .0-.9 o U DRIVE UP SIGN Blade Sign DRIVE UP SIGN i • SIDE VIEW w2 TYPICAL CONSTRUCTION: • .080 ALUMINUM PANELS ETCHED/PRIMED & PAINTED WITH AKZO NOBEL GRIP-GARD PLUS 2-COMPONENT POLYURETHANE ENAMEL • 2"X 2"ALUMINUM TUBE FRAME • 3"X 3"ALUMINUM SUPPORT ARM & MOUNTING PLATE i • 3"ALUMINUM BALL ON ARM I • (2)ANGLED REFLECTOR GOOSENECK LIGHTS WITH 150 WATT BULBS pizzaPtanch CORPORATE SIGNAGEAPRIL Page 128 of 158 o EXHIBIT ro m z �- v z CnQ CU n x zo x ' ° • • s i a o v � r bV� � a'lMy � w0tn 7 � �yr+ a � 04 m N p Qf Q !+1 a 61U.- -Page 129 5 EXHIBIT 3 7 10, cc? ti,. OMOA"t a ! i i f J Ory 1'L.2C AIL8UR AVENUE • RODC)X19 T33d664-FAX X315 2.13 7514; 1 ! 1 -� _ � D:PIZZA RANCH/NEW/OAK PARK H.FS Tot t FREE SDO 72h 450: REVISED 1.29 16 Page 130 of 158 ~ 7r, �. 1020 WILBUR AVENUE 314-233-4604. 1-800-728-4604 P.O. BOX 2098 FAX: 319-233-7514 WATERLOO, IOWA 50704 www.naglesigns.com VS--- GNS=- / L Pizza Ranch- Oak Park Heights Monument Monument pizza ranch header 2'6"x 10' Aluminum channel letters with LEE) face lighting Black aluminum backer panel Vinyl artwork to compliment Message Center 5'6"x 10' 19 MM color 80x160 matrix 10 lines I32 characters at a 5"type Masonry to be done by others. Page 131 of 158 4 u ✓�{ �'w u� :;4p� � 464 i 4'..� Ir � y, ,. P , y Y5 Y •�„1 i�l X k` r v� EXHIBIT 3 3 4k City of Oak Park Heights 14168 Oak Park Blvd N.•Box 2007•Oak Park Heights,MN 55082•Phone(651)439-4439 r Fax 439-0574 Memorandum To: Eric Johnson, City Administrator Cc: Scott Richards, City Planner,Julie Hultman, Building Official From: Lisa Danielson, Arborist Date: 0214!2016 Re: Pizza Ranch Landscape Plan Review I have reviewed the landscape plans submitted by All Things Are Possible PR, LLC dated Wednesday, January 13th 2016. The following includes my comments and/or recommendations: Tree Inventory, Tree Removal, Tree Protection Plan NIA site doesn't have any existing trees Landscape Plan (Sheet L1.11) The plan includes a variety of shade trees, evergreen trees, ornamental trees, deciduous shrubs and evergreen shrubs to be planted (162) total plants. The plants included are of acceptable size and variety and will complement the building well. All plants meet City of Oak Park Heights landscaping standards and (A.N.S.I.) American Standards for Nursery Stock as noted in the general planting notes. Landscape Notes & Details (Sheet L2.11) Notes and Details this is acceptable. The landscape contractor is required to plant trees and shrubs according to the approved planting detail submitted with the approved landscape plan. This will be checked after planting and any deviations from the detail will need to be corrected before the landscaping will be approved by the City this needs to be noted in the final plans. Please contact me if you have any questions regarding this landscape plan review. Please forward my comments to the development team for this project. TREE CITY U.S.A. Page 133 of 158 EXHIBIT 3 4 Stantec Consulting Services Inc. 2335 Highway 36 west St. Paul MN 55113 Tel: (651) 636-4600 Sta nteC Fax: (651) 636-1311 February 1, 2016 Mr. Eric Johnson,Administrator City of Oak Park Heights 14168 Oak Park Blvd, N., P.O. Box 2007 Oak Park Heights, MN 55o82-2007 Reference. Pizza Ranch —Plan and Drainage Design Review Dear Eric, We have reviewed the plans submitted regarding the proposed Pizza Ranch.The plans submitted are preliminary. Completed construction plans will need to be submitted for review. Following are preliminary comments and recommendations: Sheet C2.11 — Site Plan 1. The plans need to show the sidewalk connections as discussed at the meeting on 1/27/2016. 2. Refer to the Fire Department review of fire lanes and circulation. 3. The legal description for the new drainage and utility easement has been reviewed. Sheet 02.12 -Utility Plan i. Connections to the City's sewer and water systems shall be per the City's standards and detail plates. The City or its designee shall be present for water and sanitary sewer service connections to the City's systems. 2. Note #4,which refers to a 6-inch gate valve, appears to be pointing to the curb stop on the domestic line, and Note #5, which refers to a curb stop,appears to be pointing at the gate valve on the fire suppression line. Sheet C3.11, C4.11 — Grading Plan, SWPPP(Erosion Control) i. The proposed drainage swales on the southwest and northwest sides of the project are located within the proposed City drainage and utility easement. As such,the ownership and maintenance of these swales would be the responsibility of the City. All other stormwater facilities, outside the City's drainage and utility easement, as well as the parking lot curb and gutter and storm outlet curb cuts that encroach into the proposed drainage and utility easement,shall be considered private and shall be owned and maintained by the Owner. (his gr mth communily r, Page 134 of 158 � Mr.Eric Johnson Page 2 of 3 Reference: Pizza Ranch—Plan and Drainage Design Review 2. Due to the shallow nature of the sedimentation basin area in the swale at the southwest corner of the project,removal of sediment and maintenance of the proposed swale may be needed at a more frequent interval than for typical sedimentation ponds. 3. The erosion control plan needs to show the stabilization methods throughout the site and in particular,the methods to establish and stabilize vegetation along the swales on the southwest and northwest side of the project need to be called out. At a minimum, category 3 erosion control blanket should be used in the swale until vegetation is established. 4. The configuration of the swales, in consideration of the flows and velocities,is acceptable. Storm Sewer/Storm Water Management i. The project is subject to review by the Brown's Creek Watershed District.The City shall be provided a copy of the permit approval letter from the BCWD. 2. Rate control and water quality requirements are addressed by the existing regional pond immediately to the south of the site(Pond H36-9P). 3. The submitted HydroCAD modeling is acceptable. 4. The proposed drainage Swale along the north and west sides of the site are appropriately sized for runoff rates and velocities.The swale and sedimentation basin should be appropriately vegetated for the anticipated flow velocities. General Comments i. The City reserves the right to inspect the construction of the project. The City or its designee shall be present for water and sanitary sewer service connections to the City's systems. 2. The Owner will need to comply with all requirements of the NPDES Construction Stormwater Permit and the Brown's Creek Watershed District. The City reserves the right to require additional erosion control measures as determined/necessary during the construction of the project. 3. Parking,lighting, landscaping and building to be reviewed by others. 4. The Owner shall be responsible for obtaining all required permits. []Is,yr with cornmur4y in I11inC Page 135 of 158 4 Mr.Eric Johnson Page 3 of 3 Reference: Pizza Ranch--Plan and Drainage Design Review 5. Utility construction and improvements in the right-of-way need to conform to the City's Standard Detail Plates. The City's details can be provided upon request. If you have any questions or require further information, please do not hesitate to contact me. Regards, STANTEC CONSULTING SERVICES INC. 4L)VI J�a4et--� Lee M. Mann, P.E. City Engineer Phone: 651-604-4850 lee.mann@stantec.com cc: Andy Kegley, Public Works Director Julie Hultman, Building Official Scott Richards, City Planner Mark Vierling,City Attorney Lisa Danielson,City Arborist Des gr w4h co!nrnurihy:h mind Page 136 of 158 A RECOMMENDING RESOLUTION OF THE PLANNING COMMISSION CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA A RESOLUTION ESTABLISHING FINDINGS OF FACT AND RECOMMENDING TO THE CITY COUNCIL THAT THE REQUEST BY ERNEST SWANSON FOR A PIZZA RANCH RESTAURANT ON MORNING DOVE AVENUE REQUIRING CONDITIONAL USE PERMITS FOR A RESTAURANT USE AND FOR A FRONT YARD SETBACK, PRELIMINARY AND FINAL PLAT, VARIANCE FOR AN ELECTRONIC MESSAGE BOARD SIGN, AND DESIGN GUIDELINE/SITE PLAN REVIEW SHOULD BE APPROVED WITH CONDITIONS WHEREAS, the City of Oak Park Heights has received a request from Ernest Swanson for a Pizza Ranch Restaurant at Morning Dove Avenue, requiring Conditional Use Permits for a restaurant use and for a front yard setback, Preliminary and Final Plat approval, Variance for an electronic message board sign, and Design Standards/Site Plan review, and after having conducted a public hearing relative thereto, the Planning Commission of Oak Park Heights makes the following findings of fact: 1. The real property affected by said application is legally described as follows, to wit: SEE ATTACHMENT A and 2. The applicant has submitted an application and supporting documentation to the Community Development Department consisting of the following items: SEE ATTACHMENT B and 3. The property is zoned B-3, Highway Business/Warehouse District which requires review and approval of a Conditional Use Permit for the restaurant use; and 4. The site plan indicates a 23 foot front yard setback from the property line to the building, requiring review and approval of a Conditional Use Permit in that a 40 foot setback is required; and 5. The property is to be subdivided from Lot 2, Block 1, Oak Park Station to Lot 1 Block 1 Swansonville, requiring review and approval of a Preliminary and Final Plat; and Page 137 of 158 6. ' A Variance is required to allow a 20 foot high pylon sign, with 120 square feet of signage, and the electronic message board with 50 percent of the sign face. The Zoning Ordinance would allow an 18 foot high pylon sign, with 80 square feet of signage and an electronic message board that would be no more than 35 percent of the total sign face. This would be the only freestanding sign on site; and 7. Design Guideline/Site Plan approval is required for a new building and site improvements; and 8. City staff prepared a planning report dated February 4, 2016 reviewing the request; and 9. Said report recommended approval of the Conditional Use Permits for a restaurant use and a front yard setback, Preliminary and Final Plat, Variance for an electronic message board sign, and Design Guideline/Site Plan review, subject to the fulfillment of conditions; and 10. The Planning Commission held a public hearing at their February 11, 2016 meeting, took comments from the applicants and public, closed the public hearing, and, made the following recommendation: NOW, THEREFORE,BE IT RESOLVED BY THE PLANNING COMMISSION FOR THE CITY OF OAK PARK HEIGHTS THAT THE PLANNING COMMISSION RECOMMENDS THE FOLLOWING: A. The application submitted from Ernest Swanson for a Pizza Ranch Restaurant at Morning Dove Avenue, requiring Conditional Use Permits for a restaurant use and for a front yard setback, Preliminary and Final Plat approval, Variance for an electronic message board sign, and Design Standards/Site Plan review affecting the real property as follows: SEE ATTACHMENT A The Planning Commission recommends to the City Council of the City of Oak Park Heights approval of the sign variances subject to the following findings of fact: 1. The variance criteria in Section 401.04 of the Zoning Ordinance have been reviewed and it has been determined by the Planning Commission that the additional height, sign face size and percentage of changeable copy is justified. 2. The Applicant had previously proposed two freestanding signs for the site which is allowed by the Sign Ordinance. With the proposal for one sign, the overall amount of signage will be reduced on site. 3. The additional sign height to 20 feet and 120 square feet will ensure visibility and identification of the business from both north and south bound traffic on Highway 15. 4. The additional changeable copy sign shall reduce the requests for temporary signage at this site. 2 Page 138 of 158 The Planning Commission recommended the following subject to the conditions as follows: • Conditional Use Permit for a restaurant use. • Conditional Use Permit for a front yard setback. • Preliminary and Final Plat approval. • Variance for an electronic message board sign. • Design Standards/Site Plan review. 1. The final plat and all vacation of easements and new easements shall be subject to the review and approval of the City Engineer and City Attorney. 2. The Planning Commission was favorable to the request for the front yard setback Conditional Use Permit. 3, The City Engineer should comment on the distance between curb cuts on the cul du sac. 4. All grading, drainage, erosion control, and utility plans are subject to review and approval of the City Engineer. Stormwater plans are also subject to review and approval of the Browns Creek Watershed District. 5. All light fixtures shall be full cut off, compliant with the height requirements, and be consistent with Section 401.15.B.7 of the Zoning Ordinance as it relates to lighting requirements.. 6. The Planning Commission was favorable to the lighting of the building's architectural features proposed except for the light strips that were to be placed on the roof line of the building. The light strips are not allowed by the Zoning Ordinance. 7. The Planning Commission was favorable to the building design and building materials. The applicant shall provide building material samples for City Council review. 8. All mechanical equipment on the roof or on the site shall be fully screened in accordance with the provisions of the Zoning Ordinance. 9. The Planning Commission was favorable to the Variance request for the electronic message board sign. 10. Outdoor lighting for the parking areas shall be turned off one hour after closing, except for approved security lighting. 11. All signs shall be designed to comply with the Zoning Ordinance requirements for internal illumination. 12. The landscape plan shall be subject to the review and approval of the City Arborist. 3 Page 139 of 158 13. A bike rack should be identified on the site plan and placed on site. Recommended by the Planning Commission of"the City of Oak Park Heights this 11"' day of February, 2016. Jinn Kremer, Chair ATTEST: Eric A. Johnson, City Administrator 4 Page 140 of 158 ATTACHMENT A Conditional Use Permits For Restaurant Use & Front Yard Setback, Preliminary & Final Plat, Variance for Electronic Message Board Sign And Design Guideline/Site Plan Review Pizza Ranch Restaurant Washington County GEO Code: 05-029-20-22-0014 Current Legal Description: Part of Lot 2, Block 1, Oak Park Station Proposed Legal Description: Lot 1, Block 1, Swansonville Physical Address: **** Morning Dove Ave. N. Page 141 of 158 ATTACHMENT B Conditional Use Permits For Restaurant Use & Front Yard Setback, Preliminary & Final Plat, Variance for Electronic Message Board Sign And Design Guideline/Site Plan Review Pizza Ranch Restaurant Application Materials • Application Form • Fees • Plan Sets • Written Narrative and Graphic Materials Explaining Proposal • Proof of Ownership or Authorization to Proceed Conference With City Staff Upon Application Submittal: January 27, 2016 Planning Commission Review & Recommendation: February 11, 2016 Page 142 of 158 RESOLUTION NO. CITY COUNCIL CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA A RESOLUTION ESTABLISHING FINDINGS OF FACT AND RESOLUTION OF THE CITY COUNCIL THAT THE REQUEST BY ERNEST SWANSON FOR A PIZZA RANCH RESTAURANT ON MORNING DOVE AVENUE REQUIRING CONDITIONAL USE PERMITS FOR A RESTAURANT USE AND FOR A FRONT YARD SETBACK, PRELIMINARY AND FINAL PLAT, VARIANCE FOR AN ELECTRONIC MESSAGE BOARD SIGN, AND DESIGN GUIDELINE/SIVE PLAN REVIEW BE APPROVED WITH CONDITIONS WHEREAS, the City of Oak Park Heights has received a request from Ernest Swanson for a Pizza Ranch Restaurant at Morning Dove Avenue, requiring Conditional Use Permits for a restaurant use and for a front yard setback, Preliminary and Final Plat approval, Variance for an electronic message board sign, and Design Standards/Site Plan review, and after having conducted a public hearing relative thereto, the Planning Commission of Oak Park Heights recommended that the application be approved with conditions. The City Council of the City of Oak Park Heights makes the following findings of fact and resolution: 1. The real property affected by said application is legally described as follows, to wit: SEE ATTACHMENT A and 2. The applicant has submitted an application and supporting documentation to the Community Development Department consisting of the following items: SEE ATTACHMENT B and 3. The property is zoned B-3, Highway Business/Warehouse District which requires review and approval of a Conditional Use Permit for the restaurant use; and 4. The site plan indicates a 23 foot front yard setback from the property line to the building, requiring review and approval of a Conditional Use Permit in that a 40 foot setback is required; and 5. The property is to be subdivided from Lot 2, Block 1, Oak Park Station to Lot 1 Block 1 Swansonville, requiring review and approval of a Preliminary and Final Plat; and Page 143 of 158 6. A Variance is required to allow a 20 foot high pylon sign, with 120 square feet of signage, and the electronic message board with 50 percent of the sign face. The Zoning Ordinance would allow an 18 foot high pylon sign, with 80 square feet of signage and an electronic message board that would be no more than 35 percent of the total sign face. This would be the only freestanding sign on site; and 7. Design Guideline/Site Plan approval is required for a new building and site improvements; and 8. City staff prepared a planning report dated February 4, 2016 reviewing the request; and 9. Said report recornmended approval of the Conditional Use Permits for a restaurant use and a front yard setback, Preliminary and Final Plat, Variance for an electronic message board sign, and Design Guideline/Site Plan review, subject to the fulfillment of conditions; and 10. The Planning Commission held a public hearing at their February 11, 2016 meeting, took comments from the applicants and public, closed the public hearing, and recommended the application with conditions. NOW, THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL FOR THE CITY OF OAK PARK HEIGHTS THAT THE CITY COUNCIL APPROVES THE FOLLOWING: A. The application submitted from Ernest Swanson for a Pizza Ranch Restaurant at Morning Dove Avenue, requiring Conditional Use Permits for a restaurant use and for a front yard setback, Preliminary and Final Plat approval, Variance for an electronic message board sign, and Design Standards/Site Plan review affecting the real property as follows: SEE ATTACHMENT A The City Council of the City of Oak Park Heights approves the sign variances subject to the following findings of fact: 1. The variance criteria in Section 401.04 of the Zoning Ordinance have been reviewed and it has been detennined by the City Council that the additional height, sign face size and percentage of changeable copy is justified. 2. The Applicant had previously proposed two freestanding signs for the site which is allowed by the Sign Ordinance. With the proposal for one sign, the overall amount of signage will be reduced on site. 3. The additional sign height to 20 feet and 120 square feet will ensure visibility and identification of the business from both north and south bound traffic on Highway 15. 2 Page 144 of 158 4. The additional changeable copy sign shall reduce the requests for temporary signage at this site. The City Council approves the following subject to the conditions as follows: • Conditional Use Permit for a restaurant use. • Conditional Use Permit for a front yard setback. • Preliminary and Final Plat approval. • Variance for an electronic message board sign. • Design Standards/Site Plan review. 1. The final plat and all vacation of easements and new easements shall be subject to the review and approval of the City Engineer and City Attorney. 2. The City Engineer should comment on the distance between curb cuts on the cul du sac. 3. All grading, drainage, erosion control, and utility plans are subject to review and approval of the City Engineer. Stormwater plans are also subject to review and approval of the Browns Creek Watershed District. 4. All light fixtures shall be full cut off, compliant with the height requirements, and be consistent with Section 401.15.B.7 of the Zoning Ordinance as it relates to lighting requirements. 5. The City Council approves the lighting of the building's architectural features proposed except for the light strips that were to be placed on the roof line of the building. The light strips are not allowed by the Zoning Ordinance. 6. The City Council approves the building design and building materials. The applicant shall provide building material samples for City Council review. 7. All mechanical equipment on the roof or on the site shall be fully screened in accordance with the provisions of the Zoning Ordinance. 8. Outdoor lighting for the parking areas shall be turned off one hour after closing, except for approved security lighting. 9. All signs shall be designed to comply with the Zoning Ordinance requirements for internal illumination. 10. The landscape plan shall be subject to the review and approval of the City Arborist. 11. A bike rack should be identified on the site plan and placed on site. 3 Page 145 of 158 Approved by the City Council of the City of Oak Park Heights this 23rd day of February, 2016. Mary MCCon"iber, Mayor ATTEST: Eric A. Johnson, City Administrator 4 Page 146 of 158 ATTACHMENT A Conditional Use Permits For Restaurant Use & Front Yard Setback, Preliminary & Final Plat, Variance for Electronic Message Board Sign And Design Guideline/Site Plan Review Pizza Ranch Restaurant Washington County GEO Code: 05-029-20-22-0014 Current Legal Description: Part of Lot 2, Block 1, Oak Park Station Proposed Legal Description: Lot 1, Block 1, Swansonville Physical Address: **** Morning Dove Ave. N. Page 147 of 158 ATTACHMENT B �Te - Conditional Use Permits For Restaurant Use & Front Yard Setback, Preliminary & Final Plat, Variance for Electronic Message Board Sign And Design Guideline/Site Plan Review Pizza Ranch Restaurant Application Materials • Application Form • Fees • Plan Sets • Written Narrative and Graphic Materials Explaining Proposal • Proof of Ownership or Authorization to Proceed Conference With City Staff Upon Application Submittal: January 27, 2016 Planning Commission Review & Recommendation: February 11, 2016 Page 148 of 158 Oak Park Heights Request for Council Action Meeting Date: February 23, 2016 Time Required: 3 min Agenda Item Title: Consider New Graphics for Police Vehicles Agenda Placement: New Business Originating Department/Requestor: Oak Park Heights Police Dept., Chief Brian DeRosier Requester's Signature Action Requested: Consider New Graphics for Police Vehicles Background/Justification: At the time of approval for the purchase of 2 replacement squad cars during the January council meeting, inquiry was made by council of possible new graphics for the police squads. I have tried to increase the branding and professionalism of the department since I took over as Chief. I feel it is essential part of our ownership in the community and presents a professional image to our citizens and employees. New patches, squad car emblems, and many other areas within the department with the city logo incorporated have been done in this effort. Branding ties our department to the community and vice versa. With that I have consulted with our graphics provider and have come up with a complete graphics package for our squad cars. The graphics incorporate our city logo along with the colors matching that logo. This design is a unique design to this area unlike our current design with is a very common and similar design to other jurisdictions in our area as well. The cost is the same as our current design. I present this to council for your consideration. Page 149 of 158 €4 ; i { k I InkN Uil J Page 150 of 158 c Oak Park Heights Request for Council Action Meeting Date: February 23, 2016 Time Required: 3 Minutes Agenda Item Title: Appointment of full time new hire police officer—Conditional Offer Agenda Placement: New Business Originating Department/Requestor: Oak Park Heights Police Dept., Chief Brian DeRosier Requester's Signature Action Requested: Appointment of full time new hire police officer—Conditional Offer Background/Justification: I am requesting the appointment of Brian Tennessen as a new hire full time Police Officer. Tennessen has successfully completed the hiring process that started in September 2015. This position was approved during the 2016 budget process to be filled as a replacement hire for our current staffing levels due to the retirement of Sgt. Anderson. Tennessen was 1 of 3 candidates from the total of nearly 100 applicants to set himself above the rest and make it to the final selection in the hiring process after 2 in depth panel interviews. A final 3`d interview of the top 3 candidates was conducted by me, Administrator Johnson, and Mayor McComber. The top 2 candidates from that interview had background investigations completed. After review of the final interview along with background information of education and employment references, Tennessen has been selected as a final candidate. This will be a conditional offer of employment until Tennessen meets all the criteria of the conditional offer to include successfully completing a medical and psychological evaluation of fitness for duty. Tennessen comes to us with high motivation for the position and a high recommendation from his previous employers including the National Park Service Police, US Military National Guard, Northfield MN Police reserves. Tennessen has exhibited his desire to work for OPH PD and that combined with the community attitude he displays I feel will make him a valuable addition to the high standards of OPH P.D, and our community. Page 151 of 158 THIS PAGE IS INTENTIONALLY LEFT BLANK Page 152 of 158 Oak Park Heights Request for Council Action Meeting Date February23rd, 2016 Time Required: 10 Minutes Agenda Item Title: Consider the AirB&B Agenda Placement New Business Originating Department/Requestor Council member Mike Runk Requester's Signature Action Requested_- -Discussion, Possible Action Background/Justification(Please indicate if any previous action has been taken or if other public bodies have advised): I would like the City Council to discuss the items known as"Airs&Bs" - which are essentially short term lodging rentals for single farnily homes to determine if these operations align with City Ordinances as they are currently written(relative to lodging taxes,public safety and/or home occupations)and/or if the Council Would like to investigate this matter further. If the Council would like to review this matter I would like to ask that the City Staff provide some details and analysis for a future meeting not later than April 2016 Enclosures: Similar Action/Resolution by the City of St.Paul Excerpts from the MN Dept.of Revenue. Star Tribune Article—City of Eagan,MN for 5-23-15 Page 153 of 158 City of Saint Pau! City Hall and Court House A, 15 West Kellogg Boulevard Phone-651-266-8560 s EBiI p - "" Legislation Details (With Text) File#: RES 16-181 Version: 1 Name: Type: Resolution Status: Mayor's Office In control: City Council Final action: 2/3/2016 Title: Asking the Department of Safety and Inspections and the Department of Planning and Economic Development to study AirBnB and similar companies and how their operations align with current city ordinances. Sponsors: Chris Tolbert Indexes: Code sections: Attachments: Gate Ver. Action By Action Result 2/3/2016 1 City Council Asking the Department of Safety and Inspections and the Department of Planning and Economic Development to study AirBnB and similar companies and how their operations align with current city ordinances. WHEREAS companies like AirBnB which allow individuals to rent out a room or residence to guests for short periods of time are expanding in the City of Saint Paul; and WHEREAS the growth of these economies has been seen to increase visitors and tourism; and WHEREAS the City Council encourages all people from around the globe to come and visit the fine City of Saint Paul; and WHEREAS the City Council recognizes its responsibility to ensure guests' safety while visiting in Saint Paul; and WHEREAS other municipalities have studied AirBnB and how they work or do not work with current city and state lodging, building and zoning codes. and therefore BE IT RESOLVED that the City Council asks the Department of Safety and Inspections and the Department of Planning and Economic Development ("Departments") to study AirBnB and similar companies and how their operations align with current city ordinances. In addition, the Council asks that the Departments evaluate whether current codes ensure that visitors, landlords, AirBnB neighbors and private property are safe and protected. The Departments shall ensure that the appropriate taxes are being collected from these sorts of properties and uses. The Council asks that the Departments bring forward a report of their findings and any suggested ordinance changes, if needed, by June 1, 2016. City of Saint Paul Page 1 of 1 Printed on 2!4!2016 Page 154 of 158 MINNESOTA• REVENUE www.taxes.state.rnn.us Hotels and Lodging Facilities 141 Sales Tax Fact Sheet What"s New in 2015 We clariled the information about complimentary services versus package deals. Lodging facilities nnlst chal-ue sales tax on short-term Lod«iri- facilities include (but are not limited to): lodging and certain related services. This may also in- • �hcd and brcakf"lsts elude local sales taxes or city lodging taxes. For more a hotels inl"ormatiou, see fact sheets: • culnpgrounds • 164. Local Sales and Use Taxes • motels • 1645, Special Local Taxes • resorts Lodging is the Mental of a room or rooms for a temporary • rooming houses place to stay or Iive. Charge sales tax on lodging and • trailer camps lodging-related services furnished for periods of: • vacation home rentals • Icss than 330 days: and • 30 dotV�s or more if there i5 no enforceable wiril- tcn le�t.se agreement that requires the ctlstonter to ,live prior notice of their intention to terillinate Lodging-related services Charges fn- seri ices provided within a guest room are • in-room ,..t taxable. • laundry and di cicanim-, services Examples: • pay-per-view rnovics tsnd video games • cots, crihs,.refrigerators,roll-away beds, and ex- • room service or room delivery, including man- ercisc cduipment datory tips rind (fratuitie5 • food or liquor from mini-bars and refrigerators • telephone access charges in guest rooms Complimentary services versus package deals Supplies to provide complimcntary services are taxed Note: A complimentary breakfast is when the customer differently than supplies used to provide package deals. has access to breakfast and the charge for their room is Complimentary services not affected if they eat the meal or not. Complimentary services (or item-s) are those given to the When complinlclualry services are providcd. hotels and customer as a courtesy with no adclitiontll chane. lodging facilitie, mutit pa_y sales tax whets they huv in- Examples: breakfast Puts to those novices. This indittdes disposable items + Ex�rmplsuch as plates, napkins, silvcr\Nare, etc. • Free birthday denser€ Hotels or lodging facilities providing complimentary • Free drink iu response to a customer complaint items must pay sales (ax on the purchase of those items. • Shampoo, conditioner,and soap Sales and Use Tax Division—Mail Station 6330—St.Paul,MN 55146-6330 This fact sheet is intended to help you became more familiar with Minnesota tax Phone:651-296-6181 or toll-free 1-800-6.57-3777 laws and your rights orad responsibilities under the laws.Nothing in this fact sheet ,upersedes.alters,or otherwise changes any provisions of the tax law,administrative rules.coup decisions,rx-revenue notices.Alternative rorrrtats available upon request_ Stock No.2800141.Revised June 2015 Minnesota Revenue.Hotels end Lodging Facilities Page 155 of 158 SOUTH METRO Eagan Considers short-term house rentals through sites like Airbnb By TODD NELSON ,SPECIAL TO THE STAR TRIBUNE May 23, 2015- 12:37 AM An Eagan couple's desire to rent their basement to guests through online lodging service Airbnb has riled neighbors and prompted a discussion of whether the city should allow such short-term rentals. Homeowners Tyson and Stephanie Bramer began renting the walkout basement of their Pinecrest Court house, which overlooks Fish Lake, last fall. But they stopped in November, after learning that the city doesn't allow short-term rentals --- considered a commercial use like a hotel or motel— in residential areas. When the couple's attorney appeared before the Eagan City Council recently to ask for a special permit to continue "home sharing," neighbors countered with a petition in opposition and council members said they needed more time to consider the issue. "This changes the fundamental character of [a single-family] neighborhood because you've got a steady stream of people coming in that you don't know," Council Member Paul Bakken said. "If it was my neighborhood, I wouldn't like it." In renting out part of their home, the Bramers joined hundreds of other Twin Cities homeowners, including others in Eagan, who use websites including the popular Airbnb platform to market their homes to travelers. The site has hundreds of Twin Cities listings, among more than 800,000 worldwide. Some Minnesota cities, including Stillwater and New Prague, allow homeowners to operate bed-and-breakfast lodging in single-family residential areas, according to Eagan city planners. But Lakeville approved limits on residential boarding in 2014 in response to some residents' complaints about short-term rentals. Burnsville plans to revise its code to make clear that its prohibition on motels in residential areas includes bed-and- breakfasts or short-ter , Page 156 of 158 New 2016 VW Turbocharged Passat S Automatic 336-month le�asefor 7 (M0 51.999 due az signing A b:�:;;:[afim:s�ry.:r:lp�m><z 7Si larr7t:rtl'Yr.pyinrr rar,Ird Grd i Xq.�s ctrtwpv,,tn' �k4 rs:t;i•"s;[7�r!¢ttpct1•F tr:k.Can;:b:r+A7ttrid M'h!V.S7 W:rfG C.Y�C'!srsrt:::Vlf w Luther,%,I Westside Volkswagen A 1k+;t;.va7crt Viest kde of Highway 10q,112 We 5o of 394 In Sr-Lours Park 952.377.4100 . N Test case? The Bramers have asked the Eagan City Council to approve an interim-use permit that would allow them to host short-term rentals in their home for three years or until. the city modifies its code to allow such lodging in residential areas. Stephanie Bramer told planning commission members in April that their home would be "the best possible test case to help guide Eagan as it develops specific regulations on home sharing." "It is obvious that our activities and those of our guests will be closely monitored by our neighbors and any problems will be immediately reported to the city," she said. The permit could be reviewed annually and come with a number of requirements, including a provisions that one homeowner be present overnight while a short-term renter is staying at the house and that renters park their cars in the driveway. Bramer said she believed the conditions would adequately address neighbors' concerns. Fifteen of the 16 other homeowners on the cul-de-sac where the Bramers live, however, have signed a petition opposing the bid to resume short-term rentals. Neighbors' concerns included the effect of a short-term rental property on their property values, extra traffic on a cul-de-sac and wariness of strangers coming and going. "Their decision last fall to prepare for and operate a bed-and-breakfast in their home Without the city's approval can serve as a test case," Robert Barth, a neighbor, told council members. "They demonstrated what a negative impact this operation can have on neighbors and how difficult this may be for a city to control." Future decision Mayor Mike Maguire said the city needed more time to consider the issues that allowing short-term rentals in residential areas raised. The council will discuss short- Page 157 of 158 term rentals at a workshop in August and consider the Bramer's request for an interim- use permit in September. "There is a sharing economy that is emerging ... and it puts regulation in a gray area," Maguire said. "Pm not sure it's going to go away as a trend." The Bramers told city staff that they received their first booking less than 24 hours after listing their home on Airbnb and had since had more than 20 reservations. "We were surprised to see how many people wanted to stay with us," Tyson Bramer said. Besides additional income, which Bramer said the couple had invested in improving and equipping their basement for future renters, he said they had enjoyed social benefits from playing host to people of different backgrounds. They also refer renters to local restaurants and the Twin Cities Premium Outlets mall. Todd Nelson is a freelance writer in Woodbury. His e-mail is todd_nelson@mac.com. Comments NEXT IN LOCAL Downtown East light-rail station to be renamed U.S. Bank Stadium Station Article by JANET MOORE• February 15, 2016- 11:32 PM 'Be the help.' Coon Rapids cop teaches CPR in Heart Safe campaign Article by SHANNON PRATHER • February 15, 2016-9:04 PM Hamline adjunct instructors ratify their first-ever contract Page 158 of 158