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HomeMy WebLinkAbout05-24-2016 Council Packet CITY OF OAK PARK HEIGHTS TUESDAY, MAY 24, 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. IL Council/Staff Reports A. Mayor McComber B. Councilmember Dougherty C. Councilmember Liljegren D. Councilmember Runk E. Councilmember Swenson F. Staff • Recycling Award (pg. 3) 7:10 p.m. III. Visitors/Public Comment A. Approve Resolution Recognizing the Contributions of Guy Sederski to the City of Oak Park Heights (pg. 7) 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 Agenda_ (Roll Call Vote) A. Approve Bills & Investments B. Approve City Council Worksession Notes—April 26, 2016 (pg. 9) C. Approve City Council Minutes—April 26, 2016 (pg. 11) D. Authorize Letter to Delegates Attending 2016 Minnesota Elks Association State Convention (pg. 15) E. Approve the Listing Agreement with Greystone Real Estate Group for the "Bell Property" located at 5416 Stagecoach Trail (pg. 19) F. Approve Reappointments to Planning Commission (pg. 31) G. Authorize the 2016 Ragnar Relay Event (pg. 33) H. Approve Street Traffic Line Painting by Stripe Right (pg. 45) 7:15 p.m. V. Public Hearings None 7:15 p.m. VI. Old Business None 7:15 p.m. VII. New Business A. Tobacco Compliance Violation—Liquor Time (pg. 53) B. Consider the Allowance of a Mountain Biking Trail in Valley View Park (pg. 57) C. 2016 Street Reconstruction Project 64, Ozark and 65th Street (pg. 89) D. CSAH 26 — Southeast Frontage Road Re-alignment Project— Consider Agreements with Washington County (pg. 109) Page 1 of 144 Agenda April 26,2016 Page 2 E. Oak Park Crossing Trail Project— Consider Change Orders 1 &2 (pg. 137) 7:45 p.m. XIII. Other Council Items or Announcements 7:50 p.m. IX. Adjournment Page 2 of 144 s Oak Park Heights Request for Council Action Meeting Date May 24, 2016 Agenda Item_ Recycling Award Time Req. 0 Agenda Placement Staff Reports Originating Department/Requestor_ Administration/Jennifer Pinski Requester's Signature �F 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 144 City of Oak Park Heights 14168 Oak Park Blvd. N a Box 2007.Oak Park Heights,MN 55082•Phone(651)43941439.Fax(651)439-0574 May 20, 2016 Christine Oberembt 5704 Stagecoach Trail North Oak Park Heights, MN 55082 Dear Ms. Oberembt: 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, May 12, 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. Con,ratulatio s! le r Pinski City Clerk TREE CITY U.S.A. Page 4 of 144 04t� 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 May 20, 2016 Mark Bonse 5817 Olinda Ave North Oak Park Heights, MN 55082 Dear Mr. Bonse: 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, May 12, 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. Co ratulations! Jennifer Pinsk! City Clerk TREE CITY U.S.A. Page 5 of 144 THIS PAGE IS INTENTIONALLY LEFT BLANK Page 6 of 144 Oak Park Heights Request for Council Action Meeting Date hfa� 4, 2016 Agenda Item Approve Resolution Reco2izing the Contributions of Guy Sederski to the City of Oak Park Heights Time Req. 0 Agenda Placement Visitors/Public Comment Originating Deparhnent/Requestor J9nnifer Pin*j, City Clerk i 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 Resolution. Page 7 of 144 RESOLUTION 16-05-23 CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA A RESOLUTION RECOGNIZING THE CONTRIBUTIONS OF GUY SEDERSKI TO THE CITY OF OAK PARK HEIGHTS WHEREAS, Guy Sederski has served as Oak Park Heights Citizen Representative for the Central St. Croix Valley Joint Cable Commission from 2012 to 2016; and WHEREAS, the City Council of the City of Oak Park Heights relies on the Cable Commission to ensure the franchise with the cable company is being followed, and Guy Sederski's contributions as Citizen Representative have been instrumental; and WHEREAS, Guy Sederski has served as an Election Judge for the City of Oak Park Heights from 2008 to 2015, serving as Head Judge from 2010 to 2015; and WHEREAS, Election Judges play an important role in helping to guarantee that the rights of voters are protected on Election Day, and are responsible for administering election procedures in the voting place on Election Day; and WHEREAS, Guy Sederski respectfully served in those positions in an outstanding and professional manner, and has always provided excellent communication to City staff. NOW, THEREFORE, the City of Oak Park Heights hereby recognizes and commends Guy Sederski on his service to the City of Oak Park Heights and thanks him for his dedication during his appointed terms. Adopted by the City Council this 240' day of May, 2016. Mary McComber, Mayor ATTEST: Eric Johnson, City Administrator Page 8 of 144 Oak Park Heights Request for Council Action Meeting Date May 24, 2016 Agenda Item Approve City Council Worksession Notes—April 26, 2016 Time Req. 0 Agenda Placement Consent Originating Department/Requestor Jennifer Pinski/Administration 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 9 of 144 f wp . Itv CITY OF OAK PARK HEIGHTS CITY COUNCIL WORKSESSION NOTES TUESDAY,APRIL 26,2016 AT 6:30 P.M. Present: Mayor McComber, Councilmember Swenson,Councilmember Dougherty, Councilmember Liljegren, Councilmember Runk, City Administrator Johnson,City Attorney Vierling,and City Clerk Pinski. AIso present during Agenda Item 1: City Engineer Mann. Also present during Agenda Item 2: League Attorney Julie Fleming-Wolfe. Also present during Agenda Item 3: Finance Director Caruso and City Auditor Dave Mol. 1. St. Croix River Crossing Project Matter with MNDOT (closed pursuant to Minn. Stat. 13D.05,Subd.3(b)): Update from City Attorney Mark Vierling. No action taken. 2. Personnel Matter(closed pursuant to Minn.Stat. 13D.05,Subd.3(b)): Update from League Attorney Julie Fleming-Wolfe. No action taken. 3. Auditor's Report—Dave Mol: Dave Mol provided a summary of the annual audit that would be presented at the April 26, 2016 City Council meeting. No action taken. 4. Adjourn: The meeting was adjourned at 7:03 p.m. Page 10 of 144 Oak Park Heights Request for Council Action Meeting Date May 24, 2016 Agenda Item Approve City Council Minutes—April 26, 2016 Time Req. 0 Agenda Placement Consent Originating Department/Requestor Administration/Jennifer Pinski Requester's Signature Action Requested Approve Background/Justification(Please indicate any previous action has been taken or other public bodies have been advised). See Attached. Page 11 of 144 CITY OF OAK PARK HEIGHTS TUESDAY, APRIL 26, 2016 CITY COUNCIL MEETING MINUTES I. Call to Order/Pledge of Allegiance/Approval of Agenda: Mayor McComber called the meeting to order at 7:10 p.m. Present: Councilmembers Dougherty, Liljegren, Runk, and Swenson. Staff present: City Administrator Johnson, Public Works Director Kegley, Finance Director Caruso, City Engineer Mann, and City Attorney Vierling. Absent: City Planner Richards. Councilmember Liljegren, seconded by Councilmember Swenson, moved to approve the Agenda. Carried 5-0. II. Council/Staff Reports: A. Mayor McComber: She reported the next Parks Commission meeting was set for May 16 with a Public Hearing at 6:00 p.m.; there was an open house for the Bayport Fire Hall set for April 30 from 9:00 a.m. to 1:00 p.m.; she was going to meet with the Superintendent of Schools on April 28; and she was attending the Mayor's Conference on April 29 and 30. B. Councilmernber Don hg erty: No report. C. Councilmember Liljegren: He stated he received several calls on the bike trail, and he told them to attend the Public Hearing on May 16. D. Councilmember Runk: No report. E. Councilmember Swenson: He reported the next Cable Commission meeting was set for April 28. F. Staff: City Attorney Vierling reported that the City Council held a closed session at 6:30 p.m. regarding Brunckhorst vs. City of Oak Park Heights and Oak Park Heights vs. MNDOT. He stated a status report was given on both matters, and no action was taken. City Clerk Pinski reported that Jennifer and Jeff Cates of 13185 56"' Street North and Justin and Lily Strain of 5818 Nutmeg Court North were chosen as the recycling award winners for the month of April. III. Visitors/Public Comment: A. 2015 City Annual Financial Statement—Review by Auditor Dave Mol: Mol provided a presentation. He stated there was a clean opinion on the financial statements, no issues of internal control, and no items of non- compliance. IV. Consent Agenda: Page 12 of 144 City Council Meeting Minutes April 26, 2016 Page 2 of 3 A. Approve Bills & Investments B. Approve City Council Minutes—April 12, 2016 C. Adopt Ordinance Summary Amending Chapter 1118 of the Code of Ordinances Relating to Emergency Management D. Appoint Ms. Judith Chirhart to City Park Commission E. Approve Assessment Services Contract with Washington County F. Approve License for Sale/Storage of Consumer Fireworks at Wal-Mart G. Approve Tennis Sanitation Collection Rate Adjustments for 2016 H. Authorize Staff to Accept Trail Crack Route and Seal Quote and Contract with Fahmer Asphalt Councilmember Runk, seconded by Councilmember Liljegren, moved to approve the Consent Agenda. Roll call vote taken. Carried 5-0. V. Public Hearings: None VI. Old Business: A. Oak Park Crossing Park—Ridge Trail Construction: Councilmember Swenson, seconded by Councilmember Dougherty, moved to authorize the work with T.A. Schifsky for$61,207.50 and Alternate 1 for $12,224.50. Carried 5-0. VII. New Business: A. Authorize Staff to Accept Stantec's Proposal to Assist with DNR Water Supply Plan Update: Councilmember Runk, seconded by Councilmember Liljegren, moved to accept the proposal from Stantec. Carried 5-0. B. Signalization Concerns at STH 95 and STH 36: Councilmember Swenson, seconded by Councilmember Liljegren, moved to send a letter to MND OT requesting them to turn off the flashing yellow lights and to investigate further ways to make the intersection safer. Carried 5-0. Councilmember Runk suggested that the Chief of Police review it as well. C. Transient Housing Ordinance Amendments Air B & B -t e : The City Council discussed that a Public Hearing should be held with the Planning Commission in May. City Administrator Johnson stated he would look at timelines to see if it could be published in time to be held in May, and if not, prepare for June. Councilmember Runk, seconded by CounciImember Dougherty, moved to direct staff to proceed with the transient housing ordinance process. Carried 5-0. Page 13 of 144 City Council Meeting Minutes April 26, 2016 Page 3 of 3 VIII. Other Council Items or Announcements: None IX. Adjournment Councilmember Swenson, seconded by Councilmember Liljegren,moved to adjourn at 7:30 p.m. Carried 5-0. Respectfully submitted, Approved as to Content and Form, Jennifer Pinski Mary McComber City Clerk Mayor Page 14 of 144 Oak Park Heights Request for Council Action Meeting Date May 24, 2016 Agenda Item Authorize Letter to Delegates Attending 2016 Minnesota Elks Association State Convention Time Req. 0 Agenda Placement Consent Originating Department/Requestor Mayor Mary McComber Requester's Signature Action Requested Authorize sen ing letter Background/Justification(Please indicate any previous action has been taken or if other public bodies have been advised). I request authorization to send a letter of welcome on City letterhead to all of the delegates attending the 2016 Minnesota Elks Association State Convention to be held at the Stillwater Elks Lodge#179 in Oak Park Heights Tuesday, June 21 through Sunday, June 26. Page 15 of 144 Stillwater Elks#179 5880 Omaha Ave N Stillwater MN 55082 651-439-5276 Serving the St. Croix Valley for 125 Years March 28, 2016 The Honorable Mary McComber Mayor of Oak Park Heights, MN 14168 Oak Park Blvd N. Oak Park Heights, MN 55082 Dear Mayor McComber: The Stillwater Elks Lodge#1.79 will be hosting the 2016 Minnesota Elks Association State Convention, The Convention will be held June 24th and 256 at our location. The Minnesota Elks Association has over 6000 members from 25 Lodges located throughout Minnesota. We are expecting over 300 Delegates and family members to converge on Stillwater from Tuesday June 21St through Sunday June 26th i would like to invite you to make a welcoming address to our convention on the morning of Friday,June 24th, 2016. The time will approximately be around 8:30 am. 1 also would invite you to write a welcome letter that will be printed in the convention program for all convention attendees, as well as,sent out electronically to all the Elks Lodges in the State of Minnesota and to all the members of Stillwater Elks Lodge#179. Enclosed is a copy of a letter from former Stillwater Mayor Jay Kimble. Stillwater Elks#179 hosted our 2006 Mid-year convention and this is the letter from Mayor Kimble that was printed in that convention program. The Elks are committed to many community service activities, some of which are:awarding college scholarships, sponsoring Hoop and Soccer Shoots for local youth, supporting Scouting organizations,the Hastings Veterans Home,the Minnesota Elks Youth Camp, local schools,and the police and fire departments. We also assist private individuals with medical and financial needs,as well as,youth and adult missions and exchange trips. Please call or email me directly if you have any questions and to let me know your availability to address our convention: 651-230-316 or jj1217@msn.com. We appreciate and thank you for your support. Sincerel , Jim Jos Past ted Ruler stee Stillwater Elks Lodge#179 Page 16 of 144 City of Oak Park Heights 14166 Oak Park Blvd. N•Box 2007.Oak Park Heights,MN 55082•Phone(651)439-4439•Fax(651)439-0574 May 24, 2016 Welcome Elks and Guests! On behalf of the City of Oak Park Heights, I would like to warmly welcome you to our city. We are pleased that you have chosen Stillwater Elks Lodge #179 as the location for your 2016 Minnesota State Elks Convention. Elks members have a long tradition of countless hours of volunteer service and charitable work, not only in Oak Park Heights, but the St. Croix Valley and far beyond. Your dedication has made communities stronger and better places to live. It is quite an honor to have you attending this special event. I would like to thank Stillwater Elks Lodge #179 for your commitment to service, and wish you continued success. I hope you enjoy your stay in Oak Park Heights and have a chance to visit our city, and the sights of the St. Croix Valley. My best wishes for a wonderful conference. Kindest Regards, Mary McComber Mayor TREE CITY U.S.A. Page 17 of 144 THIS PAGE IS INTENTIONALLY LEFT BLANK Page 18 of 144 ot- Oak Park Heights Request for Council Action Meeting Date _ May 24th, 2016 Time Required: 1 Minute Agenda item Title: Agmye the Listing Agreement with OreysWnc Real Estate Groupfor or the "Bell ProiperWl leaed 6 Stagecoach Trail. Agenda Placement Consent, Z//'_'Y Originating Dep en ques Eric/Qlmson,.Qtv��iniistratolr Requester's Signature Action Requested A /e/e U§tLng Agreement with Gre stone Real Estate Groupfor le_"WellekLomgtf located at 5416 Stagecoach Trail. Background/Justificatio lease indicate if any previous action has been taken or if other public bodies have advised): At the 2016 Goal Setting Discussion,the City Council discuss the possibility of listing the"Bell Property"for sale. Please note the following: 1. The current Land Value as indicated by Washington County is$93,400(2016) 2. The site size is 1.45 acre +1-with adjacent utilities 3. The zoning is B-W(Business Warehousing) 4. The proposal from Greystone Real Estate appears to be general in nature for listing such property for sale: a listing price of$155,670. fees between 6%to 8% • 6-month listing timeline If the Council would like to sell this property, listing with a commercial real estate broker is a reasonable first step.Staff would recommend approval of the enclosed Listing Agreement subject to any final amendments from the City Attorney. Page 19 of 144 COMMERCIAL LISTING CONTRACT: EXCLUSIVE This form approved by the Minnesota Association of REALTORS® and the Minnesota Commercial Association of REALTORS°,which disclaims any(lability arising out of use or misuse of this form. 0 2015 Minnesota Association of REALTORS®,Edina,MN 1. Date - 04/22/2016 2. Pagel 3. DEFINITIONS: IN CONSIDERATION OF the Contract of Graystane Real Estate Grou (Real Estate Company Name) 4. {"Broker')to undertake tog]SELL[]LEASE (if only SELL ischBcked,all references toLessor,tenant,orlease donot apply; --(Clredr a Via tap&l -- 5. U only LEASE is checked, all references to Seller, buyer, or sale do not apply) the property hereinafter described, 6. 7. ("Seller and/or Lessor")grants to Broker the exclusive right to sell and/or lease or contract to sell and/or lease the property at a. 5415 Stagecoach Trail North 9 Stillwater MN 55082 10. and legally described as 8sa #03.029.20.31.0002 11. 1 -Troperty") 12. for the period from the date hereof through and including Lk2ril 21st ,2017 ,for the sum 13. Of 155.670.00 !one E=dred Silty-Five Thousand six Hundred seventy upon the following terms 14. Cash or terms acceptable to selle.- 15. 16. or at any other price,terms or exchange to which Seller and/or Lessor may consent. 17. This Contract may only be canceled by written mutual agreement of the parties. 18. Seller and/or Lessor understands that Broker may list other properties during the term of this Contract which may 19. compete with Seller's and/or Lessor's Property for potential buyers and/or tenants. 20. SELLER'S AND/OR LESSOR'S OBLIGATION: It is agreed that Seller and/or Lessor shall promptly furnish Broker 21. with complete information concerning any person who during the period of this Contract makes inquiry to Seller and/ 22. or Lessor regarding the sale,exchange or lease of the Property. 23. If the Property is sold, Seller hereby agrees to furnish to buyer an Abstract of Title, a Registered Property Abstract 24. or an ALTA Title Insurance Commitment,certified to date,to include proper searches covering bankruptcies and state 25. and federal judgments and(lens,and to execute or cause to be executed a deed conveying title to the Property to the 26. buyer and any further documents as may be required to consummate the sale in accordance with the terms above 27. designated or with the terms to which Seller may hereafter consent. 26. Seller and/or Lessor further agrees to promptly notify Broker of any notices pertaining to the Property which are hereafter 29. received during the term of this Contract. 30. It is further agreed that Seller and/or Lessor shall permit Broker to erect a"For,Sale"and/or"For Lease"sign on the 31. Property and to remove all other"For Sale"andlor"For Lease"signs from the Property during the period of this Contract. 32. Seller and/or Lessorshali permit Brokerto place information on the Minnesota Commercial Property Exchange("MCPE") 33. or other type of multiple listing service forum("MLS")and the Internet concerning the Property. Broker may notify the 34. MCPE or MLS and member REALTORS'of the price and terms of the sale and/or lease. 35. Seller and/or Lessor has the full legal right to sell and/or lease the Property. 36. Seller and/or Lessor certifies that as of the date of execution of this Contract, Seller and/or Lessor has not received 37. any notice of building,health or fire code violations,nor vacant building registration notification,nor notice of hazardous 38, waste on the Property, nor notice of condemnation pertaining to the Property, except as herein noted (if none, state 39. -none.y;- 40. 41. MNC:LC:E-1(8115) Page 20 of 144 COMMERCIAL LISTING CONTRACT: EXCLUSIVE 42. Page 2 43. Property located at T 5416 Stagecoach Trail North Stillwater__ 44. SELLER AND/OR LESSOR CONTENT LICENSE: In the event Seller and/or Lessor provides content,including, but 45. not limited to, any photos or videos of the Property ("Seller and/or Lessor Content')to Broker, Seeker and/or Lessor 46. grants to Broker a nonexclusive,perpetual,world-wide,transferable,royalty free license to sub-license(including through 47. multiple tiers), reproduce, distribute, display, perform and create derivate works of the Seller and/or Lessor Content. 48. Seller and/or Lessor represents and warrants that Seller and/or Lessor has authority to provide Seller and/or Lessor 49. Content and Seller andlor Lessor Contentdoes not violate any restrictions regarding use including any third-party intellectual 50. property rights or laws.Sellerand/or Lessor agrees to execute any further documents that are necessaryto effect this license. 51. NOTICE: THE COMPENSATION RATE FORTHE SALE,LEASE,RENTAL OR MANAGEMENT OF REAL PROPERTY 52. SHALL BE DETERMINED BETWEEN EACH INDIVIDUAL BROKER AND ITS CLIENT. 53. BROKER'S COMPENSATION (Fill in all blanks.): 54. COMPENSATION FOR SALE (To be completed only if Property is being offered for sale):Seller shall pay Broker a 55. retainer fee of$ when Seller signs this Contract.Broker shall keep this fee even if Seller 56. does not sell the Property. It is further agreed that Seiler shall pay Broker a brokerage fee of(check any that apply): 57. percent(%)of the price for which the Property is sold or exchanged; 58. ❑ $ ..... .. 59. ❑ $ per square foot; 80. 0 OTHE : 6$ if Brian Zeller is the Sole Broke 8+k if another Broker/Agent involved 61. 62. 63, upon the occurrence of any of the following conditions, identified in lines 80-122. _ (Tobe completed an J~.._.._. .........._:_._.:......._.__.._ .:_�..__.`-- 64. COMPENSATION FOR LEASE lyif Propenyls b017 Offered fiorlease Lessor shall pay Broker a 65. retainer fee of$ when Lessor signs this Contract. Broker shall keep this fee even 66. if Lessor does not lease the Property. It is further agreed that Lessor shall pay Broker a brokerage fee of(check any 67. that apply); 66. ❑ ...... percent(%) of the total gross obligation of the lease price; 69. ❑ percent{%)of the total net obligation of the lease price; 71. ❑ $ per useable square foot; 72. ❑ $ per rentable square foot, 73. ❑ OTHER: 74. _ _ �.... ...... o m m .. ...... . . .. 75. ; 76. upon the occurrence of any of the following conditions, Identified in lines 80-122 and paid in the following manner: 77. percent(%)upon lease execution and percent(%)upon lease occupancy. MNC:LC:E-2(8/15) Page 21 of 144 COMMERCIAL LISTING CONTRACT: EXCLUSIVE 78. Page 3 79. Property located at 5416 sta ecoach Trail North 80. COMPENSATION CONDITIONS: 81. 1. The sale and/or lease,contract for sale and/or lease, exchange or conveyance of the Property during the period 82. of this Contract by Broker or any other person,including but not limited to,Seller and/or Lessor or any other agent 83. or broker not a party to this Contract, in accordance with the price,terms or exchange as set forth herein or as 84. otherwise consented to by Seller and/or Lessor; 85. 2. A buyer and/or tenant is procured,whether by Broker, Seller and/or Lessor or anyone else,who is ready,willing 86. and able to purchase andlor lease the Property at the price and terms set forth above and Seller and/or Lessor 87. refuses to sell and/or lease,- 88. ease;88. 3. A Seller and/or Lessor agrees to sell and/or lease the Property before the expiration of this Contract, and Seller 89. refuses to close the sale andlor Lessor refuses to commence the lease in accordance with the terms of the executed 90. lease agreement; 91. 4. A Seller and/or Lessor removes the Property from the market before expiration of this Listing Contract; 92. 5. If Seller and/or Lessor grants an option to purchase and/or lease the Property,Sel ler and/or Lessor shall compensate 93. Broker,as provided herein,based on the price paid for the option and for any extensions thereof.This compensation 94. shall be paid open receipt by Seller and/or Lessor of such payments.In the event such option is exercised, 95. whether during the term of this Contract, or within 6 onths thereafter, Seller and/or Lessor shall also 96. compensate Broker on the gross sale and/or lease pri the Property in accordance with the provisions herein. 97. Notwithstanding the foregoing,to the extent that all or part of the price paid for the option or any extension thereof 98, is applied to the sale and/or lease price of the Property,then any compensation previously paid by Seller and/or 99. Lessorto Broker on account of such option payments shall be credited againstthe compensation payable to Broker 100. on account of the exercise of the option; 101. 6. During the term of this Listing Contract or withiniso days (not to exceed six(6) months, except for the 102. purchase orsole of business in which case itcannot two(2)ysars)after the expiration of this Listing Contract: 103. (a) the Property is acquired by a public authority; 104. (b) an agreement to acquire the Property is reached with a public authority;or 105. (c) a public authority institutes eminent domain/condemnation proceedings to acquire the Property; 106. 7. Seller and/or Lessor contributes or conveys the Property or any interest therein to a partnership,joint venture or 107. other business entity during the term of this Contract in lieu of a sale and/or lease of the Property during the term 108. of this Contract; 109. 8. Seller and/or Lessor is a partnership or other business entity,and an interest in the partnership or other business 110. entity is transferred,whether by merger, outright purchase and/or lease or otherwise in lieu of sale and/or lease 111. of the Pro rty during the term of this Contract;or 112. 9. If within iso ys(not to exceed six(6)months except for the purchase orsale ofa business In which case 113. it cannot a two(2)years)after the end of this Contract, Seller and/or Lessor sells and/or leases or agrees 114. to sell and/or lease the Property to anyone who has made an affirmative showing of interest in the Property by 115. responding to an advertisement or by contacting the Broker or salesperson involved or has been physloally shown 116. the Property by the Broker or salesperson. It is understood that Broker shall not seek to enforce collection of a 117. compensation under this subparagraph nine(9)unless the name of the prospect is on a written list given to Seller 118. and/or Lessor within 72 hours after expiration of this Listing Contract. 119. As security for Broker's compensation, Seller and/or Lessor hereby grants to Broker a security interest in the lease 120. payments from the lease of the Property or proceeds from a sale and any title company or other closer who conducts 121- the closing on the sale and/or lease of the Property is directed to disburse the Brokers compensation provided hereunder 122. to the Broker at the time of closing. 123. COMPENSATION DISCLOSURE: Broker's compensation to cooperating brokers shall be as specified in the MCPS 124. and/or MLS unless Broker notifies Seller and/or Lessor otherwise In writing. MNC:LC:E-3(8115) Page 22 of 144 COMMERCIAL LISTING CONTRACT: EXCLUSIVE 125. Page 4 126. Property located 127. FORFEITURE OF EARNEST MONEY:If a buyer of the Property defaults and as a result forfeits the earnest money, 128. Seller shall receive percent(%)and Broker shall receive percent(%)of the earnest money. 129. COOPERATING BROKERS:Seller and/or Lessor hereby permits Broker to share part of Broker's compensation with 130. other real estate brokers,including brokers only representing the buyer and/or tenant. 131. CLOSING SERVICES: 132. NOTICE: THE REAL ESTATE BROKER, LICENSEE REPRESENTING OR ASSISTING SELLER OR REAL 133. ESTATE CLOSING AGENT HAS NOT EXPRESSED AND, UNDER APPLICABLE STATE LAW, MAY 134. NOT EXPRESS OPINIONS REGARDING THE LEGAL EFFECT OF THE CLOSING DOCUMENTS OR 135. OF THE CLOSING ITSELF. 138. After a purchase agreement for the Property is signed, arrangements must be made to close the transaction.Seller 137. understands that Seller may arrange for a qualified closing agent or attorney to conduct the closing, or Seller may 138. ask Broker to arrange for the closing.Seiler understands that Seller may be required to pay certain closing costs which 139. may effectively reduce the proceeds from the sale.Seller has indicated his/herCts choice for closing services (Initial 140. one). 141. .___ Seller wishes to have Broker arrange for closing services. (Seller) (Seller) 142. Seller shall arrange for closing services. (seller) (Seller) 143. ADDITIONAL COSTS: Seller acknowledges that Seller may be required to pay certain closing costs, which may 144. effectively increase the cash outlay at closing. 145. FOREIGN INVESTMENT 1N REAL PROPERTY TAX ACT("FIRPTA"): Section 1445 of the Internal Revenue Code 146. provides that a transferee("Buyer")of a United States real property interest must be notified in writing and must withhold 147, tax from the transferor("Selier«)if the transferor("Seller")is a foreign person,provided there are no applicable exceptions 148. from FIRPTA withholding. 149. Seller represents and warrants that Seller ❑ IS R1 IS NOT a foreign person (i.e., a non-resldent alien Individual, --(ChEn*one. -- 150. foreign corporation,foreign partnership,foreign trust,or foreign estate)for purposes of income taxation. 151. Due to the complexity and potential risks of Tailing to comply with FIRPTA,Seller should seek appropriate legal and 152. tax advice regarding FIRPTA compliance,as Broker will be unable to confirm whether Seller Is a foreign person 153. or whether the withholding requirements of FIRPTA apply. 154. AGENCY REPRESENTATION: 155. ❑ Seller and/or Lessor will agree to a dual agency representation and will consider offers made by buyers and/or 156, tenants represented by Broker. 157, ❑ Seller and/or Lessor will not agree to a dual agency representation and will not consider offers by buyers and/or 158. tenants represented by Broker. 159, Real Estate Company Name:_ Gr stone Real Estate Group 160. By: _ itaesnmuo,�+ jar :e'_lox 161. Seller and/or Lessor: _ Date: 162. Seller and/or Lessor: Date: MNC±QE-4(8115) Page 23 of 144 COMMERCIAL LISTING CONTRACT: EXCLUSIVE 163. Page 5 164. Property located at 5416 Stagecoach Trail North --------------- _Stillwater 165. OTHER POTENTIAL SELLERS AND/OR LESSORS: Seller and/or Lessor understands that Broker may list other 166. properties during the term of this Contract.Seller and/or Lessor consents to Broker representing such other potential 167. sellers and/or lessors before, during and after the expiration of this Contract. 165. PREVIOUS AGENCY RELATIONSHIPS.Broker or licensee representing or assisting Seller and/or Lessor may have 169. had a previous agency relationship with a buyer and/or tenant of Seller's and/or Lessor's Property. Seller and/or 170. Lessor acknowledges that Broker or licensee representing or assisting Seller and/or Lessor is legally required to keep 171. information regarding the ultimate price and terms the buyer and/or tenant would accept and the motivation for buying 172. and/or leasing confidential, if known. 173. INDEMNIFICATION:Broker will rely on the accuracy of the information Seller and/or Lessor provides to Broker.Seller 174. and/or Lessor agrees to indemnity and hold harmless Broker from and against any and all claims, liability, damage 175. or loss arising from any misrepresentation, misstatement, omission of fact or breach of a promise by Seller and/or 176. Lessor. Seller and/or Lessor agrees to indemnify and hold harmless Broker from any and all claims or liability related 177. to damage or loss to the Property or its contents,or any injury to persons in connection with the marketing of the Property. 178_ Indemnification by Seller and/or Lessor shall not apply if the damage,loss or injury is the result of the gross negligence 179. or willful misconduct of the Broker. 180, ADDITIONAL NOTICES ANDTERMS:As of this date Seller and/or Lessor has not received notices from any municipality, 181. government agency or unit owners'association about the Property that Seller and//or Lessor has not informed Broker 182. about in writing.Seller and/or Lessor agrees to promptly inform Broker,in writing,of any notices of such type that Seller 183. and/or Lessor receives during the term of this Contract. 184. This shall serve as Seller's and/or Lessor's written notice granting Broker permission to obtain mortgage information 185. (e.g.,mortgage balance,interest rate,payoff and/or assumption figures)regarding any existing financing on the Property. 186. A copy of this document shall be as valid as the original. 187. MISCELLANEOUS:This Contract is binding upon the heirs,successors and assigns of the parties. 188. All of the representations and covenants of this Contract shall survive and be enforceable after termination of this 189. Contract. 190. This Contract constitutes the complete agreement between the parties and supersedes any prior oral or written 191. agreements between the parties relative to the provisions herein. No amendment, modification or extension of this 192. Contract shall be valid or binding unless made in writing and signed by both Seller and/or Lessor and Broker. 193, This Contract shall be governed by the laws of the State of Minnesota. 194, ELECTRONIC SIGNATURES:The parties agree the electronic signature of any party on any document related to this 195. transaction constitute valid, binding signatures. 196. CONSENT FOR COMMUNICATION:Seller and/or Lessor authorizes Broker and its representatives to contact Seller 197. and/or Lessor by mail, phone, fax, e-mail or other means of communication during the term of this Contract and 198. anytime thereafter. MNC:LC:E.5(8115) InsT ane3 Page 24 of 144 COMMERCIAL LISTING CONTRACT: EXCLUSIVE 199. Page 6 200. Property located at 5416 Stagecoach Trail North — Stillwater 201. OTHER: 202. 203. 204. 205. 206. 207. BROKER SELLER AND/OR LESSOR 208. ACCEPTED B one Notate Group ACCEPTED BY: City of Oak Park Heights zr mp8ny Name) (Seller and/or Lessor)209. By: (Licensee)19ria �7 1er 210. _. (Dale) 211 836 Minnesota st a Bayport, IST (Address) 212 651-430-2233 (Phone) _....., __ _.—_-- ------------------------__ 213. _ baellerogreyetone-ccuomercial.com (E-Mall Address) 214. (E-Mall Address; 215. SELLER AND/OR LESSOR 216. ACCEPTED BY: (Seller and/or Lessor) 217. ':x,° 218. 6t�: (4rtle) 219. PatC 220. _ (Address) 221. 222. 223, THIS IS A LEGALLY BINDING CONTRACT BETWEEN SELLER AND/OR LESSOR AND BROKER. 224, IFYOU DESIRE LEGAL ORTAX ADVICE,CONSULT AN APPROPRIATE PROFESSIONAL MNC:LC:E-6(8/15) Page 25 of 144 i J S. u� re 0 ° �,{: Al � r Ol CL 0 LM , l G N x � 1yLyL.. 1 "a r J " ire , ' t wi f e w 61 A ° wh. LO " " i 7 OLd CL a�1 r w + A Nx' N � O Page 26 of 144 ; . --- --©-- � . .,, . . . . ? { ; , saaasaa » � ■ � ■2p|, 921H |q§|2 § ■»§|| §`k/ \f$ !?(!)§ $,§■a � � � -- 2�§�§ � ���kk� \ �} ■ b 2tR ■ 2 ;k$k§| ■!■*■!■||§ . [ . ) ■ ! E ��. 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S IB c iL W Q ii i = W L D Q �� �—CL 0w W E z � �� ED COM = r= 0 00 co 0 r 0 pan t0 iJJa « o O71„ �R • c Pa e 29 of 144 � U THIS PAGE IS INTENTIONALLY LEFT BLANK Page 30 of 144 Oak Park Heights Request for Council Action Meeting Date: May 24h.2016 Agenda Item Title_ Approve Reappointments to Planning Commission Time Required 1 minutes Agenda Placement Consent Originating Department/R uest ri Ci Administrator Requester's Signature Action Requested A roe a ea--OF 7ovoignent of Plannin Commissioners Kremer and Nelson to a second Three-Year Term Background/Justification(P e e indicate any previous action, financial implications including budget information and recomme 'ons). Terms have expired for Planning Commissioners Jim Kremer and Beth Nelson,both persons have expressed interest to be re-appointed to a second term. Kremer, Jim: Commission Term(s) February 26, 2013 CC Appointed to 3 year term. June, 2013 through May 31, 2016. - 1st Full Term. Nelson, Beth: Commission Term(s) January 22, 2013 CC Appointed to 3t year term_ February 14, 2013 through May 31, 2016.—1s�Full Term. Page 31 of 144 THIS PAGE IS INTENTIONALLY LEFT BLANK Page 32 of 144 0 Oak Park Heights Request for Council Action Meeting Date May 24th.2016 Time Required: 1 Minute Agenda Item Title: Rela Event-201 Agenda Placement Consent a Originating Department/Re stor 'c Jo on City A ator Requester's Signature Jov Action Requested u 'ze 016 Ra nar RelaEvent to Proceed in the Ci Pursuant to Final A ent as Developed by Staff. Background/Justification(PI indicate if any previous action has been taken or if other public bodies have advised): The City has been requested to authorize the Ragnar Relay Event move through the City, across the new Beach Road Bridge,up the south frontage road and through Oak Park Crossings Park, on August 13-10, 2016. Please see the attached communication. This event has moved through the City in previous years without issue. There are estimated 400 teams w/12 persons on a team, however and there is not the anticipated runner support as may be expected with a larger event. The Ragnar Event will be required to produce a County and State permit,as well as written permission from Phil's Tara Hideaway as they plan to race across this parking area. Please note,the City typically allow the Ragnar Event to seek a reimbursement of$500.00 Impact Fee prior to 12/31/16 as they appear to be limited in their ability to make that request in a timely fashion. That request would again hinge on the nature of the organization and the possible purposes of the race, being not-for-profit. Staff does recommend this authorization with the final approval being held by the Chief of Police and the execution of a Final Agreement consistent with past practices(Draft Enclosed). Page 33 of 144 April 26, 2016 REcavEp. Oak Park Hgts City Offices Eric Johnson r 14168 Oak Park Blvd Oak Park Hgts, MN 55082 Cfty Of 01k Paek Heights _ PM Dear Mr. Johnson: I am writing this letter on behalf of Ragnar Events from Provo, Utah. We are currently organizing the I1th year of the Ragnar Relay from Winona to Minneapolis. I, myself, organize running/walking events in the Twin Cities area and have been hired to act as a liaison for this group. This letter is to inform you and request approval of teams running on the highlighted streets/roads near/through Oak Park Heights. They will run on the road against traffic. The runners will be in this area from 3:00 am on to 1:00 pm on Saturday, August 13th. This event will start in Winona, MN on Friday, August 14th and end in Minneapolis on Saturday, August 11th. There will be approximately 400 teams consisting of 12 people to a team. Runners will be anywhere from V4 mile apart to possibly several miles apart, but will run against traffic and obey all traffic signs. I am also contacting the County and State Authorities from both Minnesota and Wisconsin as well. Please let me know if you have any questions or concerns or if there are any permitting processes that I need to follow in order to obtain permission for this event. (Per our past conversations, I am enclosing a $1,000 cashier's check as the refundable deposit fee if no damage occurs in your City as well as $500 usage fee check(from Anderson Race Management) as the event fee to run through the City.) Thank you for your time and consideration! Sincerely, Mary Anderson Anderson Race Management 4047 Camberwell Dr N Eagan, MN 55123 651-688-9143 mary@andersonraces.com Page 34 of 144 CITY OF OAK PARK HEIGHTS—RAGNAR RELAY RACE -AGREEMENT 2016 THIS AGREEMENT is made this day . - 2016 between the CITY OF OAK PARK HEIGHTS, Washington County, Minnesota ("City"), and the Ragnar Events, Inc, ("RACE HOLDER") and Anderson Race Management,Inc. ("CONTRACTOR"). Whereas the RACE HOLDER, via the Contractor has approached the City regarding the desire to have the Ragnar Relay Event (the"Event")move through the City of Oak Park Heights on August 13, 2016. The City does hereby approve such event subject to the execution of this document by the City,the RACE HOLDER and CONSULTANT and the full compliance with all provisions RECITALS 1. Ragnar Relay. The City hereby authorizes the RACE HOLDER and CONTRACTOR to organize and conduct the Event to be known as the "Ragnar Relay"within the statutory limits of the City of Oak Park Heights. There will be a singular event whereby relay teams will be moving through the City(with no starting, finishing or exchange points within the City)on the specified date.No route deviations shall occur in the City without the prior approval of the Chief of Police. "Exhibit A" contains the route map. The City expressly states to the Race Holder and Contractor that the routes chosen will be under traffic, including construction traffic from the St. Croix River Crossing Project and the City will not provide any staff or police officers that will be charged with any traffic management at any area. At all times will participants will strictly obey traffic laws and utilize in place pedestrian crossing systems. The Race Holder and Contractor shall make extensive, proactive efforts to communicate these protocols to it all its participants. 2. Limitations. RACE HOLDER and CONTRACTOR agree that the number of Race participants for all races will be limited to a total of 1,200 individual participants through the course of the day. 3. Fees. RACE HOLDER shall pay a City impact fee of$500.00. RACE HOLDER may seek a waiver of the City's impact fee from the City Council within the next 12 months. Page 35 of 144 4. Parking Control. Participants in the Event are not anticipated to be parking in the City as there are not cxchwgc points,nor starting or finishing points. Should the City detcnnine that thcre are meaningful number of participants or spectators parking in private lots,the City reserves the right to withhold penalties as outlined in Section 17. 5. Garbage and.Rubbish Removal. All garbage and refuse generated by the Event, including that left by participants and/or spectators,will be removed properly and disposed of by sundown on the day of the Event. The RACE HOLDER and the CONTRACTOR will be responsible to reimburse the City for any subsequent cleaning determined to be necessary by the City as a result of the Race. 6. Portable Toilets. Portable toilets willnot be set-up in the City. Participants or spectators will be ticketed should they be viewed utilizing inappropriate facilities. Further, should the City determine that because of the Event,that there are extraordinary circumstances in which there axe persons along or near the race route utilizing inappropriate facilities, during the race day,the City reserves the right to withhold penalties as outlined in Section 17. 7. Water Stops and First Aid Stations. A water and first aid station will be established at locations on the route in keeping with National Race Standards for similar events. Should the RACE HOLDER desire to place a station(s) in the City the RACE HOLDER shall explicitly seek that permission by supplying the exact locations and set-up proposal to the City not later than August 1st, 2016. The City shall not unreasonably withhold such permissions. 8. Emergency Plan. The RACE HOLDER shall provide to the City a copy of their The Emergency Plan and will then be affixed hereto as"Exhibit B". Failure to provide an Emergency Plan does not release the RACE HOLDER or CONTRACTOR from ensuring the protection of its participants. The City may not provide any unique services to participants in the event of an emergency. 9. Food, Liguor and Vending. RACE HOLDER or CONTRACTOR will not provide commercial food, liquor or vending, nor will they license others to provide these services to race participants in the City. This provision does not prevent RACE HOLDER or CONTRACTOR from providing food and nonalcoholic beverages to Race participants only and shall be consistent with the intent of this Agreement. 10. Insurance,Hold Harmless, and Indemnitor. RACE HOLDER and CONTRACTOR do indemnify and hold harmless the City with regard to any claims,causes of action or demands that might be brought against the City arising out of the events authorized by this Agreement including any claim brought by any participant or other impacted Page 36 of 144 party; and further,RACE HOLDER agrees to provide to the City evidence of insurance coverage of at least$1,500,000 of combined single limits covering claims that might be brought against them that arise out of the events authorized by this Agreement and to name the City as an additional insured on their policy"as their interest may appear."This proof of insurance shall be provided to the City Administrator not later than August 6th,2016 and affixed here to as "Exhibit C". The R ACP HOLDER AND CONTRACTOR have been made snecificallv aware by the City that runners and participants will be moving across surfaces that are un-even, unpaved,not regularly maintained for running, are not solely dedicated for pedestrian traffic and/or arc impacted by construction during 2016.The City does not warrant that any such surface is maintained in a condition that is suitable for the purposes of the RACE HOLDER AND CONTRACTOR and their participants. The RACE HOLDER AND CONTRACTOR shall inform all participants of these conditions at to use utmost caution. 11. Public Information. RACE HOLDER and CONTRACTOR shall make extensive, deliberate, affirmative and documented efforts to notify property owners and businesses along the Racecourse of any restrictions that might be placed upon their movements during the Race. This shall include a letter sent to each residence along the race route within 10 business days prior to the event, the City shall supply a mailing list upon request from the CONTRACTOR. 12. Community Participation. The City shall work in good faith with RACE HOLDER and CONTRACTOR to encourage community participation in Race preparation and Race conduct. The City however shall not be required to perform any specific action or provide any funding or service. 13. Police Power. The RACE HOLDER and CONTRACTOR shall maintain and monitor his/her personal cell phone at all times on the day of the race, and such phone number shall be provided to the City Police Department prior to July 13th, 2012. 14. Use of City Parks. RACE HOLDER and/or CONTRACTOR may separately request in writing the use of various City Parks during set up, execution of the Race, and tear- down. The City shall endeavor to facilitate such use subject to prior reservations of record and in all situations, use of City park and shelters shall operate under City Ordinances. 15. City Costs. RACE HOLDER and CONTRACTOR are jointly responsible to ensure that the City is reimbursed for all costs incurred by the City to.allow such Race, including but not limited to City Police Department, Public Works Department, and Fire Department and as needed to safely conduct and Main the event. A refundable cash deposit of$1,000.00 and the$500 impact fee(unless specifically waived by the City Council prior to 12/31/16 or refund)must be made to the City by Page 37 of 144 RACE HOLDER no later than September 15th,2016. This amount shall serve as a security to the City and shall be reimbursed to RACE HOLDER at such time RACE HOLDER pays to the City all costs incurred by the City and/or penalties due The City shall invoice RACE HOLDER within 60 days of the Race for all final City costs incurred for the Race,if any. 16. Term. The term of this Agreement is for the dates noted in the Agreement—August 13a`,2016. 17. Failure on the part of RACE HOLDER and/or CONTRATOR to comply with specific provisions of this Agreement,including the providing of the preparatory documents and actions may result in the City implementing monetary penalties in the amount of$200.00 for each violation and/or the City's revocation of permission to hold this race within the City. The City will provide written notice to RACE HOLDER for each violation and will bill RACE HOLDER for such violation. The City may also conclude,through the decision of the Chief of Police that RACE HOLDER has not provided the required documentation in the required timelines the City may then revoke the permission to hold the race within the City limits,as determined by the Chief of Police. It remains RACE HOLDER'S and CONTRACTOR'S responsibility to provide the required documents in a fashion wholly consistent with the dates stated in this Agreement. 18. The CONTRACTOR shall provide a copy of the Washington County and the State of Minnesota Permit(incorporated here in as"Exhibit D")necessary to hold such race along STH 95 (or a document from the State of Minnesota that no permits are necessary)to the City not later than August 6th,2016. Failure to provide this information may result in the City revocating this permit. The CONTRACTOR shall provide a copy of written permission from the property owner of"Phil's Tara Hideaway"Parking lot necessary to hold such race across their to the City not later than August 6th,2016. Failure to provide this information may result in the City revocating this permit. IN WITNESS WHEREOF,the parties have set their hands effective the day and year first written above. Rapar Events,Inc. ("RACE HOLDER") Title: Page 38 of 144 STATE OF ) COUNTY OF ) The foregoing instrument was acknowledged before me this _ day of 2015, by the the duly authorized agent for (the Race Holder). Notary Public Anderson Race Management,Inc. ("CONTRACTOR") By: Title: STATE OF COUNTY OF The foregoing instrument was acknowledged before me this _ day of 2015, by the , the duly authorized agent for (the Contractor). Notary Public City of Oak Park Heights ("City") Mary McComber,,Its Mayor ATTEST: Eric Johnson, Its City Administrator Page 39 of 144 STATE OF MINNESOTA ) )ss COUNTY OF WASHINGTON ) The foregoing instr¢ment was acknowledged before me this day of ,2016,by Mary McComber Mayor,and Eric Johnson,Administrator,for the City of Oak Park Heights. Notary Public Page 40 of 144 Exhibit A Route Map: _ u �D j ➢ n M 7111,' ( w µ 2016 Oak Park Heights Map directions Here are the turn by tum directions= • Slight LEFT(SE)onto Bleach Road N a Cross and then RIGHT(1N)on frontage Road ■ Turn LEFT(S)into parking lot and then jump on trail + Exit Valley View Trail heading east on 56th St N Jump back on trail Turn RIGHT{S}onto Stage Coach Trail N and run AGAINST traffic • Turn LEFT(E)onto 5th Avenue N ■ Turn RIGHT{S}onto ani St N/St Croix Trail ■ Arrive at Exchange 21 Depart Exchange 25 heading south-on Hwy 95 running AGAINST traffic Page 41 of 144 4 Exhibit B The Emergency Plan: nae a Command Fhe Ragnar Race Command(managed solely by the C ontmctor and }face Halder)functions as our point of eominand and switchbcuwd operator. Racy:command can see the exact location of all course marshals via GPS tracking and make; assignments to different stafr members as needs arise. All teams are given the phone number to Race Command and many will c:allitext Race Coarmnaad during the race:to ask questions, inform of safety issues they observe along the course,or report injuries.This communication groes troth ways. Race Command can contact specific teams to coin inunication safety rales.violations, safety concerns,as well as send mass texts to all Icarus. Ragnar Race command is responsible for notification, evacuation, andhar sheltering of the participants in the everts of severe we:athcr ur other emergency. Ragnar Race Command is responsible for monitoring and responding to participants medical emcrgenciv% along the route, can for them as well as notification ot'FMS- The City of talc Park l leights trj commends that every participant traveling through teak Park Heights carry a working cellular phone for emergencies and maintain proper contact with their support teams. The Cit} shall not be providing any specialty rare support for this event ether than standard operational patrnl throughout the City. Mary Anderson Anderson Race Management 4047 Camberwell Dr N Eagan, MN 55123 ma!y@andersonraces.com 651-688-9143 Cell phone numbers for contacts are: Anderson Race Management —Mary Anderson 612-202-2616 Ragnar Relay-Ameena Khan 801-706-8502 Page 42 of 144 ExI ibit C Proof of Insurance: PATE:X18 CERTIFICATE OF INSURANCE CEAIIFJCATE 1 0116M 2D10D4MI1470 :�SfIM;Y: ESOL3LLC THIS CERTIFICATE IS ISSUED AS A MATTER OF F*DRMATION CALY AND dlhfa Ea eRaienerd 3 Spills Insurance experts am) NOT No E03HTS UPON SHE CERTIFICATE HOLDER-THIS CERT94CRTE DOES dJh1a E�aertaarrrrerd and Spam lake Agency(C�dunia) NOT AMBIq EXfENI)OR AL RE THE CDMA3#AC�E AFFORDED Hlf SHE POLICTE5 BELOW. 2727 Faces Ferry Road,Budding Tw x Stile 1500 A11aaPa.GA 30339 0783243300(Telepdare) 8783243303(FaesimW I6r11U1Ci4 All.'N.1V£2@- :: INSURERS AFFORDING COVERAGE USA Track d Field.Inc. Ragnar Events,LLC INSURER A_ PHadelphim Indemnity Ins.Cm. 132 East Wadingfm Skeet,SuFa ODD IrrdiarrapolislN1 INSURERS: Phfladelph{a Irrdernraly lrrs_Co. EVENT INFORMATION: Ragnar Relay Great River 2416(81122018-811412018) PO1NCYIC0VMGE INFORMATICN: THE POLICIES OF iNLSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSIIREO NAMED ABOVE FOR THE POLICY PM:RIDD INDICATE?NORWD71STANDING ANY fMQU1REMW.TEAM OR CONDITION OFANY CONTRACTOR OTHM DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN.THE vISURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,ELURLISl M AND CONDITIONS OF SUCH POLICIES.ASSREGATE LIMITS SHOWN M LYHAVE BEEN REDUCED BY PAM CLAIMS I NS TYPE OFNNSURANCE- POLICYIQM3ER{Sj: EFFECTIVE= EXPIRES- LENTS: A GENERAL LL4l31LETY O nhroe PFlPK1408838 11/1/2015 i 11Umill GEN ERAi_AGMEGATE(Applies Per EvwM ;s p(1p.O00 1201 AM 1201/IFI X Participant Legal Liatfidy EACH OCCURRENCE SI.DODJM DAMAGE TO RENTER)PREMISES(Eadr Occ.) $1 UOD.OW MEDICAL EXPENSE(Anyone person) EXCLLHDED PERSONAL a ADV INJURY S1 IM00O PRODLACTS-CDMPIOP AGG 33=JEO 9 IIMBRELLNEXCESS LIABILITY X Occurrence PHU0517449 111112015 I111=18 EACH OCCURRENCE 3111AM.000 .120RAM IMOIA 1 AGGREGATE 1Applies Per Evenry $10.000:D00 DESCRIPTION[OF OPERATNONSA_OCATI NNSPJEHNCLES1E)DCEIRFON9 ADDED BY ENDORSEMENEISPECIAL F%(nMNONS: Cavvage applies to USA Trade&Field sane6oned evens and regaieed practices.Iadudit any directly re1mod aaMnikies.such as event set-up and tear-doter, parYdpard rdudrrin and sward aererrronies The aeti8care holder is an addtiunal insured as lequirW by wMten eor&ad or molten apeenmiL dut arty br Nabiity arising art of Mie negligence of Bre Nlarned Ir mireds pe'are l'nlbwing e• +-Addilonal Insured_CeMmale Holders(Form F$AM002) Tine General Liabft policy Is primary and norr-aodilwlory with cowed m ane neliigence of tie Named Irmseds(Farm CG DO 41}_ Tire General Li bft Policy oarnains a Hrlanlud VVawer of SLbraga im*a required by cmfiact per Waiver of Transfer cf RV is of Recovery Against Others(Toren CS 24 04)L Exams poicyfoNarsiarn ofunderying Gerneral Liabihf r;'32rR7R:.9r'- Ck9rBF':il: M()4v.0 iH;-tr�t;i?.n City of of Oak Park HNeights ShorAd any of thr atooee d®ai6ed pmNaes he raweIDed before the egria6m datr8reremf, 14188 Oak Pah HsW"I3W mice wI ire delivered it a000rdarxevrNh tirepc6gy prwisimns Po Sax 2007 AUTHOR REPR€SENRATLVE oak Part Hkww MN 56082 1 Page 43 of 144 Exhibit D Washington County and State of MN Permits; Page 44 of 144 Oak Park Heights Request for Council Action Meeting Date: Tuesday May 24, 2016 Agenda Item : Street Traffic Line Painting Time Req. 1 Minute Agenda Placement: Consent Originating Department/Requestor: Public Works Apdy Keglpy, Public Works Director Requester's Signature C Action Requested: See Below Background/Justification(Please indicate any previous action has been taken or if other public bodies have been advised). See attached memo. Page 45 of 144 f City of Oak Park Heights 14168 Oak Park.Blvd N.•Box 2007.Oak Park Heights,MN 55082•Phone(65I)439-4439•Fax 439-0574 Memorandum To: Enc Johnson,Administrator Cc: Mayor and Council �] From: Andy Kegley, Public Works Director I 1 Data 05/17/16 Re: 2016 Street Line Painting Maintaining visible traffic control markings on OPH City streets is essential for safety. The City has made it standard practice to repaint traffic control lines and markings each year as the paint fades due to weathering and general use of City streets. I've attached a quote from Stripe Right to paint all OPH street markings (Except those within construction areas). Stripe Right's quote to paint City street markings and park parking lots is $30,093.62. This work will be paid for out of the budgeted projects sealcoat/crack seal fund,which currently has a balance of$219,099. Stripe Right is experienced working in OPH,have performed well in the past and provided a quote in line with previous year's work. I recommend the Council accept the quote and grant approval for staff to authorize Stripe Right to complete traffic control marking. Page 46 of 144 Stripe Right Inc, PROPOSAL P.O. Box 600627 Dace Estimate# St. Paul, MN 55106 5/4/2016 3173 Name 1 Address Oak Park Heights Andrew Kegley 14168 Oak Park Blvd.N. Oak Park Heights,MN 55082 Project P.O. No. Terms 2016 Season Net 30 Description Qty Cost Total OLDFIELD PAVEMENT MARKING Re-stripe 3'x6'white x walk markings 5 25.00 125.00 OAKGREEN PAVEMENT MARKING Re-stripe 3'x6'white x-walk markings(at trail,58th,and 55th) 20 25.00 500.00 OAKGREEN PAVEMENT MARKING Re-stripe double 4"yellow centerline 3,276 0.31 1,015.56 OAKGREEN PAVEMENT MARKING Rco-stripe 4"white fog lines 1,056 0.19 200.64 NORELL PAVEMENT MARKING Re-stripe double 4"yellow protected turn lane 910 0.31 292.10 NORELL PAVEMENT MARKING Re-stripe 4"white centerline slaps 1,140 0.15 171.00 NORELL PAVEMENT MARKING Re-stripe parking 4"white turn lanes 335 0.19 63.65 NORELL PAVEMENT MARKING Re-stripe 12"wide white stop bars 2 33.00 66.00 NORELL PAVEMENT MARKING Re-stripe 3'x6'white x-walk markings 8 27.00 216.00 NORELL PAVEMENT MARKING Re-stripe white DOT turn arrows 8 33.00 264.00 NORELL at 60th PAVEMENT MARKING Layout and Paint 3'x6'white x-walk markings 17 35.00 595.00 NORELL at 60th PAVEMENT MARKING Layout and Paint white DOT directional arrows 9 40.00 360.00 NORELL at 60th PAVEMENT MARKING Layout and Paint 4"white turn lane markings 350 0.75 262.50 KRUEGER PAVEMENT MARKING Re-stripe double 4"yellow protected tum lane 1,668 0.31 517.08 KRUEGER PAVEMENT MARKING Re-stripe 4"white turn lanes 340 0.19 64.60 Thank you.Please call with any questions,cell#651-247-1349. Total . Signature E-mail david@striperight.com Phone # 651-793-9004 Fax# 651-793-7494 Page 1 Page 47 of 144 Stripe Right Inc, PROPOSAL P.O. Box 600627 St. Paul, MN 55106 Date Estimate# 5/4/2016 3173 Name/Address Oak Park Heights Andrew Kegley 14168 Oak Park Blvd,N. Oak Park Heights,MN 55082 Project P.O. No. Terms 2016 Season Net 30 Description Qty Cost Total KRUEGER PAVEMENT MARKING Re-stripe 12"wide white stop bars 4 33.00 132.00 KRUEGER PAVEMENT MARKING Re-stripe white DOT turn arrows 10 33.00 330.00 NORWICH PAVEMENT MARKING Re-stripe 4"yellow lane divider 738 0.19 140.22 NORWICH PAVEMENT MARKING Re-stripe 4"white tum lanes 135 0.19 25.65 NORWICH PAVEMENT MARKING Re-stripe 12"white stop bars 3 33.00 99.00 NORWICH PAVEMENT MARKING Re-stripe 3'x6'white x walk markings 28 27.00 756.00 NORWICH PAVEMENT MARKING Re-stripe white DOT turn arrows 2 33.00 66.00 58th PAVEMENT MARKING Re-stripe 4"white centerline skips 14,000 0.15 2,100.00 58th PAVEMENT MARKING Re-stripe double 4"yellow centerlines 6,800 0.31 2,108.00 58th.PAVEMENT MARKING Re-stripe 3'x6'white x-walk markings(at Nova Scotia,Boutwell's 58 27.00 1,566.00 Landing,E.Norwich,Norell,Krueger,and E.High School Entrance) NEAT,&58th PAVEMENT MARKING Re-stripe 4"white turn lane markings 634 0.19 120.46 NEAL&58th PAVEMENT MARKING Re-stripe double 4"yellow lane divider markings 580 0.31 179.80 NEAL&58th PAVEMENT MARKING Re-stripe 8"yellow gore markings 156 0.60 93.60 NEAL&58th PAVEMENT MARKING Re-stripe 3'x6'white x-walls markings 39 27.00 1,053.00 NEAL&58th PAVEMENT MARKING Re-stripe white DOT arrows 20 33.00 660.00 Thank you.Please call with any questions,cell 4 651-247-1349. Total Signature E-mail david@striperight.com Phone # 651-793-9004 Fax# 651-793-7494 Page 2 Page 48 of 144 Stolpe Right Inc, PROPOSAL P.O. Box 600627 Date Estimate# St. Paul, MN 55106 5/4/2016 3173 Name/Address Oak Park Heights Andrew Kegley 1.4168 Oak Park Blvd.N. Oak Park Heights,MN 55082 Project P.O. No. Terms 2016 Season Net 30 Description Qty Cost Total OAKGREEN&58th PAVEMENT MARKING Re-stripe white DOT arrows 6 33.00 198.00 OAKGREEN&58th PAVEMENT MARKING Layout and paint 12"stop bars 3 33.00 99.00 OAKGREEN&58th PAVEMENT MARKING Re-stripe 4"white turn lane markings 260 0.19 49.40 OAKGREEN&58th PAVEMENT MARKING Re-stripe 3'x6'white x walk markings 10 27.00 270.00 MEMORIAL PAVEMENT MARKING Re-stripe double 4"yellow centerlines 3,368 0.31 1,044.08 58th St.TRAIL CROSS WALKS PAVEMENT MARKING Re-stripe 3'x6 white x walk markings(at 56 27.00 1,512.00 High School East Entrance,Newberry,Newgate,Norwich East and West) Goth&NEAL PAVEMENT MARKING Re-stripe 4"white tum lane markings 680 0.19 129.20 60th&NEAL PAVEMENT MARKING R"tripe double yellow 4"protected turn lane markings 7,460 0.31 2,312.60 60th&NEAL PAVEMENT MARKING Re-stripe white DOT arrows 32 33.00 1,056.00 60th&NEAL PAVEMENT MARKING Layout and paint 3'x6'white x walk markings 12 33.00 396.00 60th PAVEMENT MARKING(Norell to Nova Scotia) Re-stripe 4"fog lines 2,720 0.19 516.80 60th PAVEMENT MARKING(Norell to Nova Scotia) Re-stripe 4"turn lanes 422 0.19 80.18 60th PAVEMENT MARKING(Noxell to Nova Scotia) Restripe 4"double yellow protected turn lane 2,610 0.31 809.10 markings 60th PAVEMENT MARKING(Norell to Nova Scotia) Restripe 4"white DOT tum arrows 10 33.00 330.00 Thank you.Please call with any questions,cell#651-247-1349. Total Signature E-mail david@striperight.com Phone# 651-793-9004 Fax# 651-793-7494 Page 3 Page 49 of 144 Stupe Right Inc, PROPOSAL P.O. Box 600627 Dake Estimate# St. Paul, MN 55106 5/4/2016 3173 Name 1 Address Oak Park Heights Andrew Kegley 14168 Oak Park Blvd.N. Oak Park Heights,MN 55082 Project P.O.No. Terms 2016 Season Net 30 Description Qty Cost Total 56th at OAKGR EEN PAVEMENT MARKING Layout and Re-stripe 3'x6'white x-walk markings 5 25.00 125.00 NOVA SCOTIA PAVEMENT MARKING Re-stripe 3'x6white x walk markings 7 27.00 I89.00 NOVA SCOTIA PAVEMENT MARKING Re-stripe 4"white tum lanes 280 0.19 53.20 NOVA SCOTIA PAVEMENT MARKING Re-stripe 12"wide white stop bars 4.5 33.00 148.50 NOVA SCOTIA PAVEMENT MARKING Re-stripe double 4"yellow protected tum lane 2,870 0.31 889.70 NOVA SCOTIA PAVEMENT MARKING R"tripe white DOT tum arrows 19 33.00 627.00 NOVA SCOTIA PAVEMENT MARKING Re-stripe 8"yellow gone markings 380 0.60 228.00 HIGH BUILD PAINT: Upgrade to Diamond Vogel Chlorinated Rubber traffic marking paint for 1,124.00 1,124.00 increased durability. Approximate annual paint used 175 gallons. TRAFFIC CONTROL: Increase traffic signage for over-all improved motorist and worker safety 1,100.00 1,100.00 NOTE: "Work will be scheduled with traffic patterns in mind in an effort to minimize disruption to traffic flow and maximize driver,pedestrian,and worker safety. Thank you.Please call with any questions,cell#651-247-1349. Total $27,419.62 Signature E-mail david@striperight.com Phone# 651-793-9004 Fax# 651-793-7494 Page 4 Page 50 of 144 Stripe Right Inc. Midwest PROPOSAL P.O. Box 600627 Date Estimate# St. Paul, MN 55106 5/20/2016 3174 Name/Address Oak Park Heights Andrew Keglcy 14168 Oak Park Blvd.N. Oak Park Heights,MN 55082 Project P.O. No. Terms 2016 Parks Pavement Marking Net 30 Description Total VALLEY VIEW PAVEMENT MARKING: Layout and paint parking area markings including: 81-parking stalls,3- 769.00 handicap stencils,no parking areas,and 2-directional arrows with Sherwin Williams alkyd based fastset traffic marking paint BREKKE PAVEMENT MARKING: Layout and paint parking area markings including: 57-parking stalls,3-handicap 597.00 stencils,and no parking areas with Sherwin Williams alkyd based fastset traffic marking paint BREKKE PAVEMENT MARKING: Re-stripe 2 pickle ball courts,basketball court,and play ground games with Sherwin 500.00 Williams alkyd based fastset traffic marking paint S WAGER PAVEMENT MARKING: Re-stripe parking area markings including:25-parking stalls,3-handicap stencils,and 254.00 no parking areas with Sherwin Williams alkyd based fastset traffic marking paint SWAGER PAVEMENT MARKING: Re-stripe 2 pickle ball courts with Sherwin Williams alkyd based fastset traffic marking 309.00 paint AUTUMN HILLS PAVEMENT MARKING: Re-stripe parking area markings including:46-parking stalls,2-handicap 254.00 stencils,and no parking areas with Sherwin Williams alkyd based fastset traffic marking paint Thank you.Please call with any questions,cell#651-247-1349. Total $2,674.00 All prices are good for 60 days. Owner is responsible for providing a clean and safe work place. $250 charge will apply for additional trips due to Signature obstructions within work area(ie.vehicles,materials,debris). Please sign and return if you wish to proceed with work. THANK YOU! Page 51 of 144 THIS PAGE IS INTENTIONALLY LEFT BLANK Page 52 of 144 .0 Oak Park Heights Request for Council Action Meeting Date: May 24",2016 Time Required: 1 min Agenda Item Title: Tobacco Compliance Violation—Liquor Time Agenda Placement: New Business Originating Department/Requestor: Oak Park Heights Police Dept.,Chief Brian DeRosier Requester's Signature "I-- Action Requested: Schedule Hearing to Show Cause--Liquor Time Background/Justification: On Apri122,2016 the Oak Park Heights Police Dept.conducted routine tobacco compliance checks on all vendors licensed within the city of Oak Park Heights,MN. During the compliance check an officer of the OPH P.D. was assisted by a less than 18 year old volunteer. The volunteer entered the business of Liquor Time asking the store clerk for a pack of cigarettes. The clerk did not ask for identification. The clerk completed the sale of a pack of cigarettes. The under 18 year old volunteer completed the transaction using US Currency that was provided by the OPH P.D. The OPH P.D. Officer then returned immediately to the store and advised the store manager and the clerk of the offense. The clerk is being charged criminally under MNSS 609.685.1A 1"violation misdemeanor offense. The merchant Liquor Time has had 1 previous violations however;no violations apply to the look back period of 24 months in compliance with city resolution.In conformance with OPH Resolution 01-02- 13,I recommend the council schedule a Hearing to Show Cause on June 27'',2015 with the purpose of reviewing the incident for imposition of a$500 sanction. Page 53 of 144 CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY,MINNESOTA IN RE: LICENSE # 16-03T TO SELL TOBACCO, TOBACCO PRODUCTS, OR TOBACCO RELATED DEVICES ORDER TO SHOW CAUSE TO: LyPalao Companies LLC dba Liquor Time 5954 Osgood Ave No., Oak Park Heights, MN 55082 At the direction of the City Council for the City of Oak Park Heights,it is hereby ordered that you,or your representatives, appear before the City Council of the City of Oak Park Heights at 7;00 p.m. on .Tune 271`, 2016 at the City Municipal Building located at 14168 Oak Park Boulevard No., Oak Park Heights, Minnesota 55082, or as soon thereafter as council can be heard and show cause, if any you have, why an order should not be issued by the City Council for the City of Oak Park Heights imposing fines, limiting, suspending or revoking your 2016 (and future) License to sell Tobacco, Tobacco products or Tobacco Related Products as had been previously issued by the City of Oak Park Heights to LyPalao Companies LLC dba Liquor Time, Specifically,you should show cause why your license as referenced above should not be suspended, revoked or other sanctions imposed by the City of Oak Park Heights m a result of illegal sales sof tobacco to a minor as occurred on your premises on April 22,2016. Dated this 24"day of May,2016 BY ORDER OF THE CITY COUNCIL Brian DeRosier Chief of Police Page 54 of 144 License Fee:$150.00 License No. 16-03T License to Sell Tobacco and Tobacco Products at Retail State of Minnesota ) City of Oak Park Heights County of Washington ) LICENSE IS HEREBY GRANTED TO Liquor Time to sell tobacco and tobacco products at retail at 5954 Osgood Avenue North in the City of Oak Park Heights in said county and state for the term of One Year,beginning with the I'day of January,2016; subject to the laws of the State of Minnesota and the ordinances and regulations of said City of Oak Park Heights,pertaining thereto. City Council the o Oak Park Heights Attest, Dep Clerk City A - istrator (SEAL) Page 55 of 144 POLICE DEPARTMENT CITY OF OAK PARK HEIGHTS 14168 Oak Park Blvd.N.•PO.Box 2007 Brian DeRosier. Oak Park Helghts,Minnesota 55082 Chief of Police Telephone:(651)439-4723 Fax:(651).439-3639 Emergency.911 May 24,2016 Lypalao Companies LLC dba-Liquor Time 5954 Osgood Ave No. Oak Park Heights, MN 55082 Dear Sir or Madam; This is in response to-the failure of a Tobacco compliance check completed by the Oak Park Heights Police Department on 04-22-2016 at Liquor Time,'5954 Osgood Ave No,Oak Park Heights'MN 55082. During that compliance check your employee sold Tobacco to under 18 year old persons. The re pgrt # the incident is attached. The-suspect employee Is being criminally charged under MNSS 609.685.1A,a Misdemeanor criminal violation. As part of this violatiora`the City Council of Oak Park Heights scheduled a hearing to show cause for action of a$500_.00 sanction against your Tobacco license. You have the ability under city resolution No.01-02-2013 to be heard at that hearing. This hearing is scheduled to take place at the council meeting June 27'' 2016 at 7pm. If you have questions please calf me and I would be glad to help. Sincerely; Brian DeRosier Chief of Police Page 56 of 144 Oak Park Heights Request for Council Action Meeting Date: May 24t`,2016 Agenda Item Title Consider the Allowance of a Mountain Biking Trail in Val1gy View Park Time Required 5 Minutes Agenda Placement New B ess Originating Department/ questo c s �Administrator Requester's Signature Action Requested: Disc Po le Action.4(4 J Background/Justification(Please dicate any previous action,financial implications including budget information and recomm 'dations). The City Parks Commission held a public hearing regarding the concept of permitting the establishment of 2.6 miles of Mountain Biking Trails in Valley View Park.The Commission did approve a recommendation allowing for such installation subject to the conditions below.If the City Council would desire to consider this proposal,it may take the requisite action for approval or denial. Conditions lbrApproval: 1. Designated Mountain Biking Trails shall be a single-track,2.5 miles in length as shown in the reside Plan dated 4120116. 2. Close one-half hour prior to the regular park closing hours. 3. All advertised trail-access points shall be at Valley View Park and the SASCA and their affiliates would ensure that access point is promoted as the only designated access. 4. Compliance with MSCWMO rules-if applicable. 5. Coordinate any work with Xcel Energy needs. 6. SASCA/MORC shall install a designated TRAIL HEAD location in Valley View Park generally consistent with the enclosed plan and as approved by the City Administrator 7. SASCA/MORC shall provide and install a BICYCLE REPAIR STATION with tools and air—as traditionally found in similar settings and in a location as approved by the City Administrator. 8. Installation of all trail signage—prior to any active use of such trails-such signage shall mark the trail as well as rules for riders and other visitors not on bicycles—ensuring all uses are welcome. 9. Provide six-month'in-person'updates to the Park Commission—with a comprehensive written review provided to the City after 12 months of operation. 10. Provide a supplemental Agreement between the City and MORC/SASCA that outlines commitments on operations,management,clean-up and safety. 11. No staged events or staged races may be held without separate written approval of the City. Page 57 of 144 • I City of Oak Park Heights 14168 Oak Park Blvd. N•Box 2007 a Oak Park Heights,MN 55082•Pho 51 439-4439•Fax(651)439-0574 May P,2016 MEMO TO: City Park Comm' lone SUMMARY DOCUMENT - STAFF REPORT AND FROM: Dr.Eric Johns n,Al r TRAILS PROPOSAL ONLY RE: MTN Biking posal Dear CHy Park Commissions Summary: The City has received a proposal from the SASCA(Stillwater Area Scholastic Cycling Advocates)and MORC (Minnesota Off Road Cyclists)to install 2.5 miles of various mountain biking trails at Valley View Park and Oak Park Crossing Park.These would be msingle-track",unimproved traps that would meander through many areas of these properties. SASCA has proposed that walkers,hikers,mountain bicyclists,and runners would all likely be able to use these trails but would be mainly for mountain bikers and trail runners in the summer and possibly fat fire snow biking and snowshoeing in the winter.Lastly SASCA would be the party responsible for initial construction and continued maintenance of all facilities. The Stillwater Area Scholastic Cycling Advocates (SASCA), a 2014 formed non-profit limited liability corporation and currently recognized 501 c(3)non-taxable charity and is the support and funding provider for the Stillwater Area High School Mountain Bike Team. Exhibits: Exhibit 1 Proposed Plan—Revised to 2.5 Miles Exhibit 2 Warranty Deed—Valley View Paris Exhibit 3 City—Xcel Energy Agreement Exhibit 4 Listing of MnDNR Welland Trails Exhibit 5 MSCWO Comments Exhibit 6 Woodbury/Inver Grove Heights comments on their trails Exhibit: 7 Sample Trailhead Markers Exhibit: 8 Insurance Confirmation Exhibit 9 Repair Station Exhibit 10 Received Written Comments The City currently does not have any similar trails within.its borders and exactly how the City might review this proposal is based on a unique set of circumstances for any given proposal. Staff has attempted to summarize the issues that would appear immediately apparent; but please note - this document is not a 'EIS°Environmental Impact Statement,a deep scientific nor a tool that Is universally comprehensive. 1 of 137 Staff Memo-MT Biking Trails Page 58 of 144 Use of the Trails: As indicted in the submitted document and summary the SASCA group would like to install approdimM*2.5 miles of single track mountain biking fth within Valley View Park—lying east of the park Shelter.The proposal would be staged in a two-yeartimeline and would also include a trail-head and infomrational signage and bicycle repair station. SASCA and MORC proposed that their entities would fully fund the conslruclion of all elements consistent with the IMBA(International Mountain Biking Association)protocol and best management practices as outlined in the Proposal and generally includes:limiting trail grades to 10%,protecting from erosion,no Ihring tree removals of any size greater than 4'in diameter SASCA and MORC would be responsible to maintain this trail system Such trails would generally be in the following layo0s): VALLEY VIEW TRAILewe-nnY2Ue w MD-Ms-m7 SirepOe TredcTraiand Aar P.1RPiE-VAYMM7 I O . a p� AI - a 1 k. w k i 2 of 137 Staff Memo-MT Biking Trails Page 59 of 144 BLUE•JULY 2M6 VALLEY VIEW TRAIL RED-2o16_2K? Single Track Trail andAmeriWes " PURPLE•MAY 1017 n - iiNd rJ• ?�1 i �, a.. ww^s : 8 AO Y e4 � w M q Jnr a�d �A i s or 3 of 137 Staff Memo-MT Biking Trails Page 60 of 144 Use of Valley View Park,Oak Park Crossing Park(I.e.the Fly Ash aIle): The City acquired the lands generally known as Valley View Park via deeded donation from the Dixon family—circa 1975.Exhibit 2 contains such deed secured by the Office of the City Attorney and does not contain any use restrictions or directives. The Cily's recent(2008)Comprehensive Park Plan generally,as well as the specific Valley View Elements outlines the folb trig: Generally.- Provide enerally:Provide opportunities for all ages to participateln lifetime fitness through the use of trails,tennis courts,cross- county skiing,and other activities. Develop recreational and environmental education programs to familiarize people with the parks. Decide if and how coordination with the recreational needs of the County,athletic associations,civic groups, etc.can be accomplished. Define the means by which park development can minimae impacts on adjacent properties, i.e.,off-street parking,screening,landscaping,setbacks,etc. Valley View Park: • Identify park boundaries and aid visitors in locating picnic and trail facilities with improved signage. • Allow safe access to the lower area of the park with an improved trail system. • Develop recreation and environmental education programs that would familiarize people with the park. PARKS PLANS from 2008 Master Plan WW View Pa&is valued for Na dense vagetatlon,variaton in topography,and wietfanos. The masterplan proposes to maintain and enhance the nafufal aestretcs of the park Improvements to ft pavk focus on on"the pafk more vis,151e In the wnmunMf and St Ow Valk, more ac cessM, and as a coftbwed resource for envlronmerdd education. The proposed imprnvernents to the park,as Wedbelow,wdI maintain and update ft fadlities that are alnaadypreserd Cneatingi a more inviting enhy wfth landscq fng wN more Beady dently ft park at its entrancae on Osgood Avenue Once people ever the park signage bwffykrg park boundaries and facMes could alt vlsbm In locating picnic areas and bads. Curm*,many people are unaware of ft kfwerpoffion of ft park due to lack of signage and the physical separation from the upper pardon of the park Be amount of femsfibnal area wtl increase substarrtatly in this area I when Xcel doses and caps the A.S.King Plant Ash Lwffli b 2011...' Relative to the Oak Park Crossing Park,The City's agreement with Xcel Energy as executed in 2012(Enclosed here as Exhibit 3)provides a license across such lands for park purposes that"do not penetrate of disturb the surface'and exists through December 2061. This is interpreted to mean that the City may utilize any portion of the property lbr reasonable recreational purposes that correlate to a City park use.However,the City cannot make ground elevation changes to the Property or construct any trails without confirmation by Xcel/MPCA with confirmation that"fly-ash' geomembrane cap functionality will not be impacted. Based on the submitted concept plan,the area proposed to be utilized are not within the CAP area and should in no way impact cap functionality directly. In addition, the proposal outlines and intends to generally utilize the already established gravel roadways.Appropriate signage requiring that riders remain on the trails, as well as keeping the 4 of 137 Staff Memo-MT Biking Trails Page 61 of 144 established trail-ways clean, debris tee is an ongoing requirement of both the Agreement and what the City would expect from the applicant.Coardination with Xcel Energy will always remain a requirement. Impacts on Wetlands: This report cannot begin to engage the deep regulatory circumstances that regulate activities in wetlands.Local,State and Federal rules are applicable.What we do know is that there cannot be general construcWn activities in a wetland. Or,that may cause a detrimental impad(s)to wetlands.Communication with Bureau WSR,The U.S.Army Corps or Minima la DNR maybe needed ff them is any planned construction Ina wetland.City Ordinance406.0130 similarly has restrictions on lands Within a BUFFER AREA adjacent to a wetland. In this circumstance such buffer area is 35'for . w n t47l PEM9A s PEMI ", ,i F?�`•1� PEM1 h PEMV J Fla.. TlA Am construction and/or development being adjacent to a water of the Stabs (DNR). However,the City may permit the development of(impervious)trails within 15' upslope of the wetland 406.090. City Ordinance 406.020. B. further outlines that wetlands should be protected but seeks to slow a reasonable use. A cursory comparison with the DNR Wetland Inventory Maps-as above—which is the best data available remotely- the proposed routes appear—and based on the mapping scales available at this One-to show that there is some very 11inked activity within wetlands.As a final layout is determined a wetland delineation may be required if there is any apparent encroachment into the wetlands and/or the IT upelope setback. The fact that there is a wetland impact does not mean that a facility of this type cannot be constructed within it but should any construction be proposed—appropriate pemrtls would first need to be secured. Many Minnesota State parks—for example-have trails and much larger projects adjacent,through and across wetlands—See Exhibit 4 or bo; www.dnr.stWB.mn.usMwdandslvisit.html One of throe gigW al opfforrs woW need to be pursued prior to final devabiomen 1. Adjust the layout in areas so as to avoid wetlands. 2. Wetlands could be utilized,but there could be no`development`of a tral other than mowing or very minimal stabilization. 3. Secure required permits for more advanced or more impactful development in such areas. 5 of 137 Staff Memo-MT Biking Trails Page 62 of 144 Impacts on Watersheds: The area in question is within the jurisdicilm of the fiddle St.Cro6k Watershed Management Organization.Similar to the above Stalls agencies a construction permit may be requireed by the MSCWMO.Two points to robe: 1. The MSCWMO rules are also ftered by a change in use of the lands.The land Is already designated park and hosts hikers,geocachers,walkers,dog walkers,etc.The addition of mountain biking is a park amenity and does not oonstitute a change in use at the macro Scale. 2. The MSCWMO rules are also triggered by the addition of now impervious surfaoes which will require pre- treatment such as upon a new parldrig lot As there are not any planned impervious surfaces proposed nor is there a change in land-use type(such as from undeveloped to a commensal use)the MSCWMO generally would not have any permitting requirements with a plan of this type.That said,a copy of the plan has been supplied to the MSCWMO for review and their initial commentary is enclosed(See Exhibit 5).Generally,no additional review is needed iF the plan remains out of wMands and Wank hand tools are utilized. Impact on other Parrs Users: Much of the area proposed for the mountain biking trails is currently not utilized from an activity-use and there should not be arty conflicts with other park users.The off-paved trail development will limit the inl enaction between walkers, bikers and traditional trait users. SASCA has outlined that they will install signage to ensure that such riders provide right-of-way to walkers. Impact on Adjacent Properties: Other than one residential property at 15336 576 Street,much of the trail will likely not be dose to neighbors nor readily visible from adjacent prgpeMN, Staff Onrrot comment on the character or conbarrt of each Indifto trar7 users, however in communicating with the City of Woodbury and Inver Grove Heights—their experience at Carver Lake and Harmon Park (re iv* has been positive fir the greater community, see Exhibit 6. The one property owner mentioned has submitted a letter of support for this proposal and Is enclosed in the above Exhibit 6. Visual impacts to the west of Valley View Park rear the paddng area should be limited as there is a 6'1%h fence and a wooded area between such homes and the parking area.Staff would rot anticipate people visiting the park with mountain bikes in tow to create noise or other disturbances that would be impactful. it is possible that with addfioral visitors to the Park,based on this type of use,a perception of isolation may be reduced and security will be enhanced. Impact on Parking and Vehicular Traffic: The SASCA group has proposed that those utilizing the trans,and reaching the area by carto park in Valley View Park as shown our the Plan Rewision. Valley View Park has adequate parking at the overflow lot and which is largely unutilized.There may be an occasion when Valley View Park is rimed-out fora large event and parking at the site win be challenging,however based on several years of rental data this may occur once or twice per year.Parking will be encouraged within Valley View Park and access to the trails will only be from designated trail areas. As this trail system is 2.6 miles in length,use likely will be limited compared to much larger trail systems in Woodbury or other regional park systems. ughdng: There is no planned fighting of the dais,trail head orany other aspect of this proposal- nor is use after dark permitted. Access&Hours of Operation: City Parte and Trail Hours are:From October 1st through Apti130th the park hours shall be from 6:00 am of until 10:00 P.M.of each day. Between May 1 at and September 301111 the park hours shall be between 5:00 am 6 of 137 Staff Memo-MT Biking Trails Page 63 of 144 and 10:00 pm. These rules would be applicable to all areas of the proposed mountain biking trails.The City may want to offer a prior window of closure- see conditions. Signage: Many trails of this nature are th be marked showing curves,or sloped areas as well as rules of the trail-ways and rider etiquette. In addition, many trail-ways systems have an established baP*W with a similar posing of rules and dincwr travel.SASCA Ims propos such a barl head shut w to ileums maim in Exhibit 7.Signage must only be for informational purposes only and not generally meant for unrelated advertising. Liability—Assumption of Risk: In communicating with the City insurance tamer—the League of Minnesota Cities Insurance Trust.Unlike a skateboard park,the City would have no material liability premiums to incur as a result of this proposal and would be a covered activity.See Exhibit 8. It is important that there is appropriate signage outlining that there are inherent risks in such wNty,but no addifional or supplemental coveragse are required to be swumd. Rocommendadon: NM drew known concNank there appews to be Nmlted rlstr to fie CNy for allowing the proposal to proceed from a cos4 menegemlmt andbr Haft staix0oft sad fief dwo are not erwhonmsaW coRd tom that would be Impacted and the development ofsuch faclll[y would appew to mesh well wfM gahft more access to the to w areas of the Perils as ouffMed In the Park Mastar Plan whAe makdalning 1t hmdscape and natural ebmwo The concept world ofilbr auwdw lowcost amw*th the C"Partite hr addltan,at oilbr L3 mNes N wouldseem hWeaf duet the trait wfN not be a major rogkwW draw,but w1N be a viable bcaMW ameafty for f hose bear ested lith the spat of mom ale biking Inctadfng Ire knW high school bm M the Pah*Commisslim world pnWW to provide a is nmentWohh suppoffblg 09 proiposiN the Nkm1ng cmxN bn shouldbe comddaredas pre tle,however if die Ceunmtssion does not desire to take an action of support for advancement to the CNy Councif and does not support such propoael similar motions can of course be madb. Caudltlons forAppramd. f DembnoW smear b BlIleg Tr&W aha cWe=o4mNhowpdw to the mgdwpwkc%ft horst. 2 A9 d tray awceee poh dr aha9he at Vett W wftkaad the SAWA asd Bnh a96ri WW"Enna theacceas pokrt &promoted a Bee pr ►accees I CeaPbace WNh ASCMW tures-lf4pp9sshhr. A Coo►dhnate eery work w1M XcdEawegyneeds. & SAWA/MORC shag Ann a dashed TRAIL ffiAD hceftw ke Vahy Wbw Park yeeers*eoash tent wo the aeckwid phen and aseppn wdbydoCRVAdWhditvW 9. SASCA/hllOW zWprovlde and befell a R CYCLE REPAIR STA IM wSre toe sed err-es h ATWile9y found In sbalhraotfkegs and In a ftsdw as apprnwd by die CNyAdmLnlst Om. 7. lnhdtlaeofaNkdsb W-pdartoanyneWeuseofmchtreft4adesb pe"ae*MeWaswOundnlbrO s wdoffiwvbMmnWoimbkydw-onwftmgosesoewskoma S. pma sir mens k person"up&W to Bra Pw*CommkWan-wall a canprahwoke offba eewfewpmvided lb the Clay fiber RmmOs ofepwallm 9. Provide a sqWkwnWAge+eemanthsftm the Choy WHORC/SASCA diet ougm aommleaents on operedwey menpenea; elven-W and s0i j&Eagan#*,hf the appfimb taff to Wbc**nakft Bw fac8ll;►.Bee Clry wff cbse such ftk nWWW slpnpe and Bre areas w9be rsstoeed io Metpiaruse and coadaroe. 10. No staged ewe ds orsfped mesa aeeyhe hskn wNwaf agmmile wines 4pprovat of Bea Clay. WM Eudulbff 10—hmkxbs the reoelVed written ommmllary to date reoardithn this moral 7 of 137 Staff Memo-MT Biking Trails Page 64 of 144 Exhibit 1 Proposed Plan - Devised to 2.5 Miles 8 of 137 Staff Memo-MT Biking Trails Page 65 of 144 Presented to OPH Parks and Recreation Commission by Stillwater Area Scholastic Cycling Advocates (SASCA) [Revision 1] February 17, 2016 SEE THE REVISED CONCEPT PLAN (420-16)- ONLY 2.5 Miles 9 of 137 Staff Memo-MT Bildng Trails Page 66 of 144 SASCA—Valley View Single Track Natural Trail Proposal Rev.l Executive Summary Stillwater Area Scholastic Cycling Advocates(SASCA),a 2014 fbrmed non-profit limited liability corporation and currently recognized 501c(3)non-taxable charity,is the support and fiuyding provider lbr the Stillwater Area High School Mountain Bike Team.Based on strong growth of the high school team and a growing interest and participation in off-mad bicycling,trail running,nordic skiing,hiking and snowshom& SASCA wishes to propose new single-track trails,local to the Stillwater/St.Croix Valley specifically and the Eastern Twin Cities Metro in general. Goal To have at least 2+ miles of sustainable single track trail open for use by September of 2016 in Valley View Park and a full build out of 5 miles by September 2017. SEE i HE REViSEO ONCV�I �I �I (420-16)- Designed Use ONLY 2.5 Miles Walkers,hikers,mountain bicyclists, and runners. The single track trails proposed would be mainly for mountain bikers and trail runners in the summer and possibly fat tire wow biking and snowshoeing in the winter. Proposed Schedule February 2016—Submission of the trail proposal May 2016—Est approval by OPH to build May 2016—Contract agreement between the OPH and MORC/SASCA May/June 2016—Trail Building Project Begins E,C,D September 1,2016—Completed Sections open to public May 2017—Continue work on Sections B,Al and A2 September 2017—All Sections Completed With approval to build, SASCA, already organized as a 501c(3)non-profit organization,proposes to work in.consultation with the P&R Commission,OPH City Staff and MORC(Minnesota Off-Road Cyclists)to finalize the building process and work to raise money for expenses incurred to complete the work. The organization will publicly free advertise through articles,blogs,Facebook,Twitter and other social media to help organize and provide an all-volunteer labor force as needed for construction and continued maintenance This partnership will result in no required cost to the City. Requests to utilize city equipment capital may be requested and is noted in the proposal. February 17,2016 Page 12 10 of 137 Staff Memo-MT Biking Trails Page 67 of 144 SASCA—Valley View Single'Brack Nattai Trail Proposal Rev.1 Proposal Summary Stillwater Area Scholastic Cycling Advocates(SASCA),a 2014 formed non-profit limited liability corporation and currently recognized 501c(3)non-taxable charity, is the support and fiu>dding provider for the Stillwater Area High School Mountain Bike Team.Based on strong growth of the high school team and a growing interest and participation in off-road bicycling, trail running,nordic skiing,hiking and snowshoeing,SASCA wishes to propose new single- track trails, local to the StdlwatedSt.Croix Valley specifically and the Eastern Twin Cities Metro in general. In late 2014,Eric Johnson,City Administrator of OPH,contacted SASCA about the possibility of land for trail building in and around Valley View Park. SASCA was in the middle of getting approval for a trail build in Brown's Creek Park Reserve in Stillwater. By May of 2015,it was made clear that approval would include new restrictions brought to the City's attention very late in the process.Negotiations halted immediately and work stopped on approval. SASCA turned to the offer made by OPH. The past several months have been spent evaluating the park,dividing it into build sections and confirming areas that can be used and areas that cannot.Tba proposal has been developed to offer a summary overview of how the trail would look in the park and how it would mesh with the current trails and other amenities in the park.With approval to build, SASCA, already organized as a 501c(3)non-profit organization,proposes to work in consultation with the P&R Commission,OPH City Staff and MORC(Minnesota Off-Road Cyclists)to finalize the building process and work to raise money for expenses incurred to complete the work.The organization will publicly free advertise through articles,blogs, Febniary 17,2016 Page 13 11 of 137 Staff Memo-MT Biking Trails Page 68 of 144 SASCA—Valley View Siegle Track Natural Trail Proposal Rev.l Facebook,Twhter and other social media to help organize and provide an all-volunteer labor force as needed for construction and continued maintenance. This partnership will result m no required cost to the City. Requests to utilize city equipment capital may be requested and is noted in the proposal below. Soil erosion concerns at Valley View will be addressed by trail design. The proposed trail will adhere to state-of-floe-art design standards developed by the International Mountain Bicycling Association(IMBA)to promote long-term sustainability of trails by minimizigg soil erosion potential,reducing future maintenance needs,and eliminating trail users'desire to create shortcuts or social trails. This proposal details anticipated use of many resource- compatible techniques in construction of the new trail miles. The current and future SASCA members have limited but increasing trail building experience and plan to use the first phase of building trail to learn from MORC representatives about the process.Many volunteers are already registered for official IMBA trail building classes to be held once every month in the summer in close proximity to the Midwest.The area selected and level of difficulty of the trail planned means simple and faster building.It will allow the gmap to amass quality volunteers and teach them on the job about proper building techniques and utilizing the tools safely and properly. Febra y 17,2016 Page 14 12 of 137 Staff Memo-MT Biking Trails Page 69 of 144 SASCA—Valley View Single Tuck Natural'hail Proposal Rev.1 Qualifications Training Some of the current members have llorited trail building experience.Training may consist of working with other volunteer groups m other towns to get experience with maintenance and new trail extension budding. Most trail building experience will be born out of training support from MORC.The intent would be to set up a few"training sessions" where the process of building the trail would be learned by working slowly,deliberately and under the close direction of the leader from MORC.Most if not all of the first mile of Section E trail is in an area deemed"easy"for building trail.In some cases,the exact location of the trail will be more difficult than the simple clearing of surface cover"duff'exposing the hard- packed dirt underneath. Only later in the trail,weeks after starting,will a few small bench cuts need to be executed At these points,experience will be called upon from MORC for advice and guidme.DAM and MORC do host training seminars and building seminars in the field Some cost money and some are fro=. The timing of the building is such that these types of educational opportunity will have to happen as the first phase is being built.Again, the simplicity of the trail will allow for"on the job training"to be both successful and realistic. Experience SASCA will utilize the experience MORC(Minnesota Off-Road Cyclists).This is a non-profit full of volunteers, experienced dirt crews and trail designers. There are other February 17,2016 Page 15 13 of 137 Staff Memo-MT Biking Trails Page 70 of 144 SASCA—Valley View Single Track Natural Trail Proposal Rev. 1 experienced builders from the Carver Lake Trail system along with Reed Smidt,former president of MORC and experienced trail builder. Kinnildnnic Off-Road Cyclists(KORO) also have a home trail called Whitetail Ridge in River Falls,WI. There are personal connections through the Stillwater High School Mountain Biking Team and the Chilkoot Cycle Club which can and will be called upon for advice and support. Equipment The proposed trail will be conatucted with specialized hand tools owned by the organization,private vohnrteers or possibly a trailer of tools lent out to SASCA by MORC. The following list of available tools is at our disposal• Pulaski:ax-type tool used for chopping small stumps and roots out of the trail tread. x M February 17,2016 Page 16 14 of 137 Staff Memo-MT Biking Trails Page 71 of 144 SASCA—Valley View Single Track Natural Thd Proposal Rev.l Pruner:Gutting tool used for cutting small branches and saplings. McLeod: fire-fightizig tool used for raking and tamping the trail tread. February 17,2016 Page 17 15 of 137 Staff Memo-MT Bildng Trails Page 72 of 144 SASCA—Valley View Single Track Natural Trail Prod Rev.1 Flat-bladed shovel: leveling and smoothing the trail tread. Max Ax: an ax with attachments that convert it to a Pulaski,McL aod,pick,or shovel. Inclinometer:used for measuring grade of slopes. GPS receiver:to measure and track trail location/length. Various rakes,shovels,and machetes,hand saws:clearing leaves,twigs,and briars Gas powered plate compactor:tamping loosemd trail to stabilize trail surface and "season"trail much faster and more completely than riders Chain Saw:gas powered,minimum 14", for cutting large brush and clearing larger fallen trees Fohmmy 17,2016 Page 18 16 of 137 Staff Memo-MT Biking Trails Page 73 of 144 SASCA—Valley View Single Track Natural Trail Proposal Rev.l General Trail Construction Guidelines SASCA understands and acknowledges the concerns about potential soil erosion at Valley View. With this in mind,the trail should be designed and constructed with those concerns taken into account using suggested resource conwtible guidelines. Grade half-rule:The trail tread linear slope on a hillside sbould not exceed half of the average grade of the slope. In other words,on a 10%grade hillside the trail would not be steeper than a 5%grade.This practice results in water flowing down the hillside rather than being channeled down the trail. No trail section Valley View should be constructed to exceed the half-rule. Ten percent average maidmum grade: This is a rule of thumb that may have to be lowered to reflect soil types,watershed areas,and vegetation in order to stay within erosion control limits. Allowing for short lengths of trail that may exceed 10°x6,the overall average grade should be less.This will probably not be an issue at Valley View,specifically at the Phase One location and probably within the boundaries ofthe entire part due to the flatter and rolling terrain. Ma3dmum sustainable trail grade: When a section of trail becomes unsustainable even if less than 10%grade,due to drainage or erosion concerns,the trail should be re-routed or other controls instituted to eliminate the problem Experience gained from the Carver Lake Park trails indicates that when the half-rule is followed,trail erosion is very minimal. February 17,2016 POP 19 17 of 137 Staff Memo-MT Biking Trails Page 74 of 144 SASCA—VaUcy View Single Track 14atival Trail Proposal Rev. 1 Grade reversals: A frequent change from climbing to descending to climbing again prevents a long section of trail from accumulating water runoff that would degrade the trail or encourage erosion. Out-slope:The trail tread,of approximately 18 inches in surface width and used by feet and tires,when appropriate,should have 5%out-slope to slow water flow without cutting rills. This grade is level enough far hers to use without turning their ankles and along with a full bench-cut,will prevent trail creep. Armoring: Using stone,wood,or synthetic materials,trails in wet or highly erosion prone areas can be made more durable. It is highly unlikely armoring will be needed in this location at Valley View. Restrictions The proposed trail takes great we to give a wide berth fi+om the private properly,wet areas and steep ravines and drainage areas in the park.No official restrictions are known of after initial questions to City staff 1MBA guidelines suggest not cutting any living trees larger than 3"to 4"at the base. The trail building organization will follow this guideline but may request permission to cut February 17,2016 Page I 10 18 of 137 Staff Memo-MT Biking Trails Page 75 of 144 SASCA—Valley View Single Track Natural Trail Proposal Rev.1 and or move larger dead standing trees which could present a fall hazard to ricers and walkers. The trail will be constructed and maintained by the established SASCA organization and through enthusiast vohurteering and the high school racers using the trails for practice. It will require no maintenance by the OPH city maintenance departments. Volunteers provided by the organization will conduct all necessary maintenance. February 17,2016 Page l 11 19 of 137 Staff Memo-MT Biking Trails Page 76 of 144 SASCA—Valley View Single Track Nahnal Tull Proposal Rev. 1 Design Process This section outlines the process of designing the trail in general terms. MORC representatives and SASCA members have made a preliminary examination of topographical maps,aerial photographs, and have liked the area being considered in this proposal. While general references can be made to the terrain found in the proposed trail area,specifics relating to the exact trail location and needed or desired features will require on-site measurements and examinations and will 11ely be altered during various stages ofthe design process. SASCA intends to work with the city and the Parks Commission during every step of this process.Preliminary trail routes have been determined based on proper elevation lines and with respect to potential erosion. Markers have been placed and trail has been hiked several times to determine"best line"scenarios and route re-alignmdenta to enhance the riders'experience within the park, i.e. large trees,rock formations,historic locations. Step One:Obtaining permission.The hope is that this written proposal,followed by a physical inspection of the proposed trail location by City/Commission staff,will result in approval for SASCA to finalize trail design and later construction activities. An open house for the public,to see the proposed trail,learn about single track trails,we how they are Planned and built and how the trail would be used,would be on display.No trail construction will begin until the proposed trail corridor is clearly identified and approved by city staff;the commission and city council,if necessary. Step Two:Defining boundaries. Valley View Park is very well defined with very specific sections. The park can be divided into 4 to 5 distinctive sections(see addendum map). SEE THE REVISED CONCEPT PLAN (4-20-16)- Febcwy 17,2016 ONLY 2.5 Miles Page 112 20 of 137 Staff Memo-MT Biking Trails Page 77 of 144 SASCA—Valley View Single Track Natural Trail Proposal Rev. 1 Sections are labeled Al,A2,B,C,D and E.They are naturally and logically divided by water,current asphalt trails and large ravines. Step Three: Definition of Users.Beginner to intermediate mountain bicyclists and middle schoolihigh school racers are expected to be the primary users of the proposed new traiL Secondary users will be trail runners in the summer months and possibly winter fat tine bicyclists and snowshoers in the winter months.Winter mountain biking is growing sport,in any and all cases,alternate sports will have to be considered but never to the detriment or damage of the trail itself Step Four:Define control points. Control points include the beginning and end of the trail, interesting terrain features,or areas that should be avoided. A positive control point is one created by placing the frail so it takes users to a desirable place such as a scenic overview or optional trail feature that adds challenge or requires greater than normal skills or effort to traverse. A negative control point is one that should be avoided such as a boggy area,site boundary,or in this case large ravines and the water drainage feature in the middle of the park. Buffers can be used to disguise or discourage access to protected areas.Buffers can be existing tree fall created by moving limbs or vegetation to block access. There is no need for barricade-type buffers on a trail that is designed and constructed such that it is more enjoyable for the user to stay on the trail than it might be to leave it. Control points will be defined in greater detail once the location of the trail corridor is determined. Every effort will be made to avoid negative control points. February 17,2016 Page 113 21 of 137 Staff Memo-MT Biking Trails Page 78 of 144 SASCA—Valley View SmgIc Track Nabzd Trail Proposal Rev.I Step Five: Section Loop Concept. The proposed section trails would travel and transition through each section,one by one,.with options to repeat sections or skip and move to other sections. The trail has long runs with small turns and"s to enhance the ride with natural formations like trees,rocks and elevation changes.The turns are generally wide and sweeping to keep erosion to a minimum.The whole trail returns the rider to the original start. Along the trail,there will be short connectors to shorten the loop. There ace more open sections which may allow for extension loops,alternate trail and bypassing. Step Six:Plan contour route. The topographical map indicates at least 110 feet of elevation change from just above the water level to the highest paint in the proposed trail area. In order to minimize or eliminate soil erosion, a primarily contour route will be used;however, a contour route does not preclude elevation change.Climbing and descending are accomplished by traversing slopes rather than following the fall.line.Elevation changes should be designed to not exceed 50%of the existing slope grade so as to not channel water from its natural flow,which is straight downhill. Numerous grade reversals will also prevent water from accumulating or flowing along the trail. A grade reversal is a change from downhill to uphill over a short section of trail tread and will force water to flow off the downhill edge of the trail. All trail tread should be bench-cut into the side of the existing hill for the full width of the tread. This practice prevents trail creep and minimizes future maintenance.With a flatter section of land,gradual slopes which follow the natural elevations changes of the land,will be used over longer stretches.The trail, at almost all times,will be an on very slight slope and be slightly pitched perpendicularly to the direction of the trail Pooling of water will be kept to an absolute minimum. February 17,2016 Pup 114 22 of 137 Staff Memo-MT Biking Trails Page 79 of 144 SASCA--Valley View Single Track Nam Trail Proposal Rev.l Step Seven:Determine flow. SASCA envisions a narrow corridor with long runs and wide turns. Some sections may be more tight and twisty, especially in the wooded areas.This will change the riding pace through the course from fast on the straights to slow with obstacles and tight turns. The flow essentially will follow the natural flow of the land,making the trail neither especially easier nor more difficult than-what the land provides naturally. Step Eight:Establish the corridor.This will entail marking a potential trail with marker flags and ribbon,measuring slopes, evaluating the course,and identifying control points that may call for re-routing the initially conceived route. The trail design should adhere to]MBA's five main points for designing and conshucting sustainable trails.These main points are explained in more detail later in this report under the`Erosion Control Measures"heading. The initial marling of the trail is done with marker flags or ribbon placed in or near the presumed center of the trail tread,at close enough intervals so that the general direction of the trail is evident.This might be 30' or more apart. Step Ten:Construction plan. Once the final route is designed and approved by the city/commission,a construction plan will be developed identify areas needing bench cuts, specialized turning features,or erosion control structures and inchTde a time frame for construction. Step Eleven: Flag the final approved alignment and confirm permission to begin construction. February 17,2016 Page 115 23 of 137 Staff Memo-MT Biking Trails Page 80 of 144 SASCA—Valley View Single Track Naturd Trail Proposal Rev. 1 Construction Process SEE THE REVISED CONCEPT PLAN (4-20-16)- ONLY 2.5 Miles The constriction process will begin with a full thaw of all trail land and a proper drying out period.This can occur as early as April or as late as June.The assumption is the land would be ready for work on or around May 15&. Section E would be the proposed first trail in the park.The trail length would be approximately 0.75 miles.This would be followed by Sections C,D,B and then Al and A2.The plan would be to finish E,C and D before September 1,2015.All subsequent trail building of Sections Al and A2 would occur in late 2016 if weather permitted or in Spring/Summer of 2017. Organizing of building teams.Building teams would consist of able-bodied people, generally aged 18 and older,no adult approval needed for the volunteering.A typical group would consist of a trail blazer in the front,marking exact locations for digging with temporary flags as little as a few feet apart.The blazer may work on secondary clearing of small live and dead obstructions before the diggers come through.The diggers would be the people with McLeods and Pulaskis,rakes and tampers,exposing the bare ground by removing any glass,dui leaves, semi composted tree waste and wood,and creating the first actual line of travel.The trailing diggers will work more on leveling the exposed dirt and tamp any loosened soils.The trailer will lag behind,working with a clinometer or the him, filling in low spots and making final considerations fior creation of drainage culverts perpendicular to low spots to insure no puddling on the trail. Sometimes the trailer will even follow back and forth with a bike to be sure the trail is riding correctly.The typical building February 17,2016 Page 116 24 of 137 Staff Memo-MT Biking Trails Page 81 of 144 SASCA-Valley View Single Track Natural Trail Proposal Rev.l team will consist of a mil im»m of S people and up to 10. Groups should change jobs or positions in the line.Generally,the blazer will be a leader and more knowledgeable of proper final line of a trail and may not move around as much. Special teams.To involve as much of the bicycling commoim4 in this volunteer project, youth groups,high school clubs or teams,town organizations and general public will be invited to take part.Youth groups,people under 18,will be divided into groups by age and be given much shorter work times and easier conditions in which to dig.The experience of building trail will be much more important for the youth volunteers than the actual yards completed.The inclusion of different groups will foster a greater public ownership and excitement for the final product. Construction would begin with a general cleaning of the ground 18"on either side of the center line of the trail.The general cleaning would be the removal of downed trees and branches,piles of brush,other natural and dead material.No live branches,brush,saplings nor undergrowth would be removed in this step.This work would prepare a suitable path for work to be done on the exact trail. Building Sequence.The building of the trail,while logically built from the start to the finish may not be the course of action taken. Based on weather,manual labor on site,time and general conditions of the land,sections may be selected for building around the entire loop with sections being connected over a period of time.An example might be selecting a wide February 17,2016 Page 117 25 of 137 Staff Memo-MT Biking Trails Page 82 of 144 SASGA—Valley View Single Track Natural Trail Proposal Rev.1 open area in a wooded section when less or no digging is needed.This might be a section worked on by a youth group or worked on during a hot spell when heavy digging and minor bench cutting may be too rigorous.Work following wet weather may be better pointed in the direction of open prairie areas where the moist and looser soils will respond better to cleating narrow trail of grass roots. Natural Materials. Sections of trail may need to be enhanced with natural materials to better define the trail in certain sections.This may be apparent in more open wooded areas with We or no underbrush.Natural materials would consist of larger downed logs,branches and even whole trunks of dead trees. Some rock is naturally occurring and other is man placed These obstructions may be left in place to add to the technical challenge or removed and replaced in a better location fior the same reason.A few manmade walls and other rock formations could be used in place,deconstructed and the rock used of other trail purposes or completely bypassed and ignored if the city deems some historic or other value to the structure. Any once-living natural materials would be used with the understanding that they will naturally decay and at some point be replaced or removed with no replacement.Over years,with riders staying on specific trails, growth will he impeded close or on the trail while underbrush will slowly fill in naturally on either side of the trail. TedLudcal Additlons.During the trail building process,natural materials may be used for creating safer traverses through potentially wet areas,more technical challenges for the rider or detours to allow for alternate challenges for the rider.After the original trail is completed, Feb vffy 17,2416 page 118 26 of 137 Staff Memo-MT Biking Trails Page 83 of 144 SASCA—Valley View Single Track Natural Trail Pnopoeal Rev.1 teams may be created to make important low bridges over wetter areas,or exposed rooted areas near important trees.,Some technical additions may be placed in areas just for the enhancement for the rider. These additions would be made from natural but not necessarily naturally occurring materials.Consideration would be made to insure no chemical treated wood or concrete would be used over natural stone. These structures would be unassuming, camouflaged with natural color and be fully movable and removable if and when necessary (no concreted footings,etc). Removals.While building trail,care will be taken to remove ANY AND ALL garbage, trash,non-naturally occurring waste or dumped material.The volume of this waste will be recorded by volume for city staffto be made aware of quantity.Local nursery specialists will be called upon to train teams to look for non-native and invasive species of trees,bushes, and vines to be removed as completely and safely as possible. Enhancements.Trail markings and a central trail map will be proposed at some point at or near the main trial bead fior the park. It is the intention of the group to create a list of potential Eagle Scout project"themes"for boy scouts to consider for enhancement of the park. These projects would include volunteer work and possible private and public donations of material and equipment when necessary. February 17,2016 Page 119 27 of 137 Staff Memo-MT Biking Trails Page 84 of 144 SASCA—Valley Yew Single Tuck Natural Til Proposal Rev.1 Projected Design/Construction Timeline Upon approval of this proposal by the City Council,SASCA anticipates the first build phase could be completed over spring,summer and fall of 2016.Delays in the start date,lower volunteer rates and weather could push the completion into the next sprmglmn=er season. t A X X )IC X a Proposal 1 ■Proposal 1 Approval s •Phase 1 Design X Phase 1 Build X Phase 2 Design Phase 2 Build a — i c� 4 ! Oct-15 Jan-16 May-16 Aug-16 Nov-16 Mar-17 Jun-17 Sep-17 Deo-17 "Respect&Uy submitted, Hank Gray SASCA Trail Building Committee February 17,2016 Page 120 28 of 137 Staff Memo-MT Biking Trails Page 85 of 144 SASCA—Valley View Single Track Nat all Trail Proposal Rev.1 SASCA Trail Building Committee Contact list Hink Joel Nichols(OPH resident) 231 Everett St.North 15115 64"Street North Stillwater,MN 55082 Oak Park Heights,MN 55082 651-983-2872(C) 651-407-0733(C) siavmnralcomcoa net r'bn102Q@yahoo.com Student Representatives Carl Bohaehek,2016 Stillwater Area High School Mountain Bike Team CAPTAIN, Stillwater Area High School Class of 2018 Grant Metpas,2016 Stillwater Area High School Mountain Bike Team Member, Stillwater Area High School Class of 2019 SASCA Board of Directors list Calvin Jones,Chairman Mike Noer,Board Member since 2014 Mark Tramper,Board Member since 2014 Mike Lyner,Board Member since 2014 Hank Gray,.Board Member since 2014 February 17,2016 Page 121 29 of 137 Staff Memo-MT Biking Trails Page 86 of 144 SASCA—Valley View Single Track Natural Trail Proposal Rev.1 ADDENDA Full Park Map showing proposed trail area Secdon Maps, showing proposed#tall area and fti►lines SEE THE REVISED CONCEPT PLAN BELOW- (4-20-16)- ONLY 2.5 Miles VALLEY VIEW SINGLE TRACK TRAIL �tEV. 1 �°�""`' Trail ""runty?, rrrte�:r,.r,;..;°.�11r1[srJl�ur}rrrtr� i February 17,2016 Page 122 30 of 137 Staff Memo-MT Biking Trails Page 87 of 144 THIS PAGE IS INTENTIONALLY LEFT BLANK Page 88 of 144 Oak Park Heights Request for Council Action Meeting Date: May 20, 2016 Agenda Item Title 2016 Street Reconstruction Project 64, Ozark and 65th Street Time Required 10 Minutes 1-17 4 Agenda Placement New Bus' ss Originating Department/Re r: c o ' 'strator Requester's Signature Action Requested: iscussio ossible Action. Background/Justification(P a indicate any previous action,financial implications including budget information and recomme tions). Staff has continued to discuss the possibility of a joint street reconstruction project with the City of Stillwater for those streets remaining from 2015—Area D generally being 64th, Ozark Ave and 65th Street.There are several pending discussions: • The City of Stillwater did secure bids for this work with one-half of these costs being attributable to the City of Oak Park Heights. Based on the review of their submitted bids and available data of City Quantities at Stillwater pricing is+/-2.5%greater than 2015 bids$347,176 versus$338,712.These appear favorable and the current known breakdown is enclosed. • The above figures do not include the necessary water main/storm water reconstruction in 65th Street. This is hoped to be accomplished in one of two ways:Either a Change Order with the City of Stillwatees apparent low bidder—Miller Excavation.Or altematively,the City would contract with its apparent low bidder A-1 Excavating as the City also secured separate bids. Unfortunately,the separate bid received from A-1 Excavating will increase City costs by$36,301 (29.8°x)compared to 2015 for this same work At this time Staff has not yet been able to determine which possibility is more financially advantageous as a meeting with Stillwater staff remains pending.Staff will have that information at City Council Meeting on 5/24/16. • The project does include a Storm Water element that collects flows from City land areas+/-2.2 acres on Osman Ave.out of a total 11.6 acres+/-into a City of Stillwater Storm System.OPH share for such costs is estimated to be$22,680.27. • A draft Agreement is enclosed with the City of Stillwater that would incorporate the above Street and Utility improvements.The language is similar to the previous agreement between the two communities. Page 89 of 144 Recommendations: 1. The street and storm water elements are relatively straightforward and within anticipated costs. Staff would recommend moving forward with the 64th and Ozark Elements as well as the Storm water project on Osman Ave. 2. The Water main and storm work necessary on 65th Street is at this time still being reviewed.Should those costs be reasonably equal to the 2015 bid pricing moving forward with the 65th Street portion would be practical.More information will be presented at the meeting on 5/24/16 3. Staff would request the City Council approve the enclosed Agreement subject to any final necessary adjustment are required by the City Attorney and City Engineer. 4. Process Items:The City did adopt findings in its Improvement Hearing and made such order to complete this project in 2013 to be completed by December 31,2016.Seg City Resolution#12-11.46.The costs associated with this project—in terms of what is to be assessed has not been altered from previous policies.Staff would recommend that the City hold its Assessment Hearings as soon as reasonably possible once any agreements are executed with the City of Stillwater.Cities may hold these Assessment Hears prior to or after the project once actual costs are known—(OPH however generally has flat fees and per foot costs). Page 90 of 144 � J a W CD — ':.B I t „ d T I '.bZl0�OL01E fJ1• n � C,71 cc g 9 n q� olr Rs':Ms _ 3 � � � � ,p sal 4 �{ �. � _x•.t F HINON anN3AV SFdVd TO 21r '13Nto FI h , JZ. -�TyC_yt. " sop ru BLLI its B B $ B �' �.�•. tt B � F ,u,azl`�r N... m pa3�@ I � �•. � Q I I �. � 4S4ASh mCti C' Q �. 3AV?I VZC}.. - 1 n m o Pz I $ w ¢ LU z z LL LU t 0 QeMedplm d Be This Chaps OTduprovrtles For the o0d8on of ABeowte No.4on0 Altemate No.3 Wft9sprgxt. +OORI G2 uti rl�-+�7�CS If J {A/ �D a OAK PARK 119 SLILLWATEN D•H Cebireel UnR 7dd the Coni-4 Told H 0-11111.Na Nee- UsR 0ue1R19 hke A.--d PBee QUenny Amount VOWaw SS CMUCE 0013100.4 ALTERNATE 4-NTN ST.FL URRY AND STREW IMPS PAW I-STREETk 1 MOBIU7ARON IS 1 S14550,00 $14.55044 -54.1110,031 04,180,00 f41Bt.44 2 TRAFFIC CONTROL 1S 1 S1.1M,0D $I,IWm 15.185.00I $2 L0.1B6 ,1X.40 IEMW 3 PORARYMIUL 1 $1.2011111 S71Wm $OM 0 SM Sim 4 INIETPROTEC110N EA 7 $13630 $9030 '145.00 3 !436,00 644200 5SLTFENCE 1MMACNNESUCED IF 300 5210 $630,00 0 4844 '300.80 6 RFMDVE SIGN EA 3 "m $315,00 $30.00 3 $00.00 583.00 7 REMOVEIM EA 12 $64050 $7.686 .00 .00 f15.W S 76,473.00 S,4B7.40 B CLEARING ANDCRIIBNNG,INCLUDING LARGE 0 1 04(200,00 X,000.00 0 BMW X.44 STUMP REMOVAL 9 REMOVE SITIM9NOL6 PAVEMENT SY 1750 5273 33SW,0D 51.20 VERT 32,100.00 $3.880.00 10 SAWING BIIWNNOUS PAVFMEEI-STREET LF 130 X.00 $B70,00 51.55 180 $270.00 XN.00 SAWCUT CONCR FAVEMENF $LOS M 8166.60 S1f m 11 REMOVE BITUIMNOIIS DRIVEWAY PAVEMENT SF 700 $SM $2.100M 3265 700 51,J f2ABSA0 12 REAOVECONCREREDRIVEWAYPAVEAENT SF 1,151 $2,00 $2,310.00 5255 1155 $ZS4125 $4,10015 13 ,00 COMMON EXCAVATION(P) CY 640 $11,00 57.010 78.90 860 Keleml 0,0511.00 14 SISGRADEEXCIIVAIIONCY Sm 5650 $2,275M 58.87 350 72,327.60 $2,67750 15 AGGREGATE BASE CLASS 5 IN 925 $IM O $9.250,00 $13.15 1125 512,e68.m 313,279.75 16 SEECTGRANIIIARBORROW(MOORM) R 665 310.00 $6,6BI1.W 412m350 34100,00 $4.11X.44 17 GEOTEXIILE FABRIC TYPE BY I,050 52110 52.100,00 31.00 $0.W 51.10210 $2.1$2.44 111 P PVC PERFORATED GRAIN RIE WITH COARSE RLI@ LF M $1244 $960.44 0 So= $20.44 AGGREGATEAND FILTER FABRIC 19 BITUMINOUS MATERIAL FOR TACK COAT GAL 82 $225 01114.00 SIM 150 7232.50 $314.80 '41 TYPE SP 123 NON-WEARING COURSE MIXTURE(2,B) IN IS 456,0(1 $BABUD 571.60 65 $4,641,00 X.744.44 21 TYPE SP 123 WEARING COURSE MOGURE(2,C) IN IS 55875 $9,10695 =.20 093 W.0?1L0 64,0113.W 22 TYPE SP 93 BITUMINOUS MIXTURE FOR DRIVEWAYS IN 15 $120110 $lAW,0D $0.85 IS $144.73 $169.76 (2,11) 23 61NCH CONCRETE DRIVEWAYSF 1.155 579558.373.75s 7590 1155 78,81450 $7.960.60 24 SURMOUNTABLE CONCRETE CURB ANO GIRIER LF 1360 $1330 518,960,00 WISM 670 570.75350 $12113,00 5618 CURB AND GUTIEt 51830 BA $10,921.00 $10,921.00 HYDRO689DWDH MULCH SY 2300 $1.47 03,67373 SIAD IBM 9.100.00 $4e00.00 25 SEWING,INCLUDING SIS.FERTILIZER.AND WOOD BY 20011 S11s 557,875,00 $2.90 ISM 59.45073 NI'ma.00 FIBER BLANKET 26 SEPCTTOPBTRBORROW IN 490 S16AD $794000 $35.50 1M ".3,8110.00 $,170.00 NEL 27 SIGN PAS SF 3 $4210 ,00$124 $Moo B 8X0.00 6643.00 29 STREET NAME BLADESGNS EA 4 $246.75 $96 011 7.00 SImm 4 01144.00804m A IT SOUDWI87E STOP BAR LF 12 NSAO $loom 0 SQW $12.00 30 WATER FOR DUSTCONTROL MG 25 $40.00 $lAW 0 4111m 25 4moo $490,00 31 STREET SWEEPER(WITH PICKUP BROOM) NR 4 $130.00 $520.00 0120.00 2 $240.00 0944.00 TOTAL MR I-OF I $135,0».00 X6,14673 Xtt,7N.76 OAK PARK His mMINATER D-H CaNNd INR uCodrOcf Told ues Told PH OeodBm N4N. ft. U1R I= Amount P80u Amount MR okrSS ALIERMATE S-OSMAN,4400,OTARKSIR�WERWFMEI@ X SIMULATION IS 1 $6,950,00 $6,950.00 ';1.135'0.00 0 00.00 Klemm N TRAFFIC CONTROL LS 1 $1.710,00 $1.711SIDD 39,165.0 0 00.00 $3.16644 N TEMPORARY MAIL IS 1 $1400,00 SIAW,0D 44.00 0 80.00 60.44 a INLET PR07ECEIGH EA 3 $13630 040030 X46,00 2 62$244 X86.44 N &LLT FENCE TYPE MACHM MICED LF SO SLID $RBD 0 50.00 SM RFMOVESIGN $90.00 7 $210.00 $0.00 6D REMOVEIREE EA 2 $WM SISBI.O1 aim" 3 49,285.00 $2,190.00 70 REMOVE BITUMINOUS PAVEMENT BY 4300 $IAO $6,880.00 $710 1600 01,440.03 $5,10,00 71 SAWING BITUMINOUS PAVEMENT-STREET LF 544 $SM S1,500.M $1.53 00 $75,00 SWAG SAWCUTMNCREMPAVFMENT 82AS m 3162Lm $0.00 M REMOVE CONCRETE CURB 6 GUITE1 IF 0 S230 $0,00 52AS 70.00 SIM 73 REMOVE BITUMINOUS DRIVEWAY PAVEMENT SF 3.000 SIM $3.000.00 $255 950 smso AAXAO 74 REMOVE CONCRETE DRIVEWAY PAVEMENT SF 1,125 ;im $1.1250) Misi 700 51,175.00 $2,888.76 73 RE4OVEGRAVELDRIVEWAY SF 300 Sim $20144 0 MAD $Sm 76 COMMON EXCAVATION JP) CY I= $IIJW $14,10244 7990 M 44A50.W X.64144 77 SUBGRAOE EXCAVATION CY 1.975 $625 $1234175 5895 230 71.50.0_0 $19,133.7$ m AGGREGATE BASE CLAS 5 TN ;005 $73,00 S2Q15D,0D 513% 844 511.08x60 $27,X8.76 79 SELECT GRANULAR BORROW[MODIFIED) IN 3= $975 $3436675 612.00 230 92.791,00 $42.3110.011 80 GEOTEKIUEFABW TYPE V n 120D SA.00 $6A(KU)0 51.00 500 995,00 X.044.44 81 rPVC PERFORATED IRAN TILE.WITH COARSE FILTER LF 40 $12M 0400,00 G&W Sam AGGREWIEAND FILTER FABRIC 112 BRNMINOIES MATERIAL FOR TACK COAT GAL 175 $225 $39175 Sim 100 $292.50 9271.25 89 TYPE SP 123 NON-WEARING COURSE MMRE(2.BI IN 315 $561,0 $17.64090 MAD C 54.641.00 $22A91.44 64 TYPESP 125 WFARNG COURSE MODUIBE MC) TH 315 $SB50 518,02150 M- C` P.M.- '19.X8.00 85 TYPE SP 93 BITUMINOUS MOLNRE FOR DRNLNVAS M 40 $122M SM= $sm 40 Inesm sm.44 Me) Be 6 NCH CONCRETE DRIVEWAY IF 1,125 $7.25 $BIS6.25 7890 700 $4.130.00 '6,1137.(2 BS SURMOUNTABLE CONCRETE CURB AND GUTTER IF 273D STS30 $9L11&S,00 310.05 12W SI6244M SAMM 05 HYDROS®WITH MULCH BY 3,725 $IA7 $5.47175 51.40 1s44 $21W.W 0,21690 SEEDING,NICLU NGS®.FERTILIZER AND WOKD $2.90 IWO $9,45x00 SOHO FIBER BLANKET 89 SEECTTOPSOIL BORROW TN 650 $001 $650 595.50 720 441935) 523.07690 SM PANES X090 12 ,:o X,00 STREET NAME BLADE SIGNS 3185110 4 $1111144 X90 m 17SIXIDWHOESTOPBAR IF 44 faAo $30 IBM 110.44 91 WATERFORDUSTCONOOL MG SO $0LM $2(200,00 X600 25 5465.00 $230.00 92 STREET SWEEPER(WITH PICKUP BROOMI HR 6 $190,00 3780,00 4420,00 2 6240.44 $750.00 -� ADJUST VALVE BOIL EA 3 $75,00 $225,00 SDAD $0.44 91 CONNECT709RBK.lURE IDRAINFE) EA 2 $90,00 $140,00 SO9D $0.44 TOTAL ALTERNATE 5.011IAN,XTH,OZARK SRERT IOIROVE 50AUA16 LnAw.n $23,44010 CHANGE ORDER NO.4$REB ONLY-NO IIMIM TOTAL ALIEtNA7E 4-65714 STN STRIA $125,600911 $0314.m 4111,74576 TOTAL ALTERNATE S-OSMAN,"TH.OZARK UREff IMPROVEMENTS $20107235 01505.73 $236.430.30 10/ TOTAL TOTAL CHANGEORDER NO.4 $29,77175 $1ER,15 so '4T'-Re R44% ( ' eC Page 92 of 144 COOPERATIVE AGREEMENT BETWEEN THE CITY OF STILLWATER AND THE CITY OF OAK PARK HEIGHTS FOR THE RE-CONSTRUCTION OF STREETS AND MUNICIPAL UTILITES ALONG THEIR COMMON BORDER IN THE SOUTHEAST QUADRANT OF THE CITY STILLWATER THIS AGREEMENT,by and between the City of Stillwater,a municipal corporation, hereinafter referred to as the "Stillwater", and the City of Oak Park Heights, a municipal corporation,herein after referred to as the "OPH", shall consist of this agreement. WITNESSETH: WHEREAS, Stillwater and OPH desire to improve safety, capacity, and operation of certain municipal streets on their common border which are identified in the attached Exhibit "A"• and WHEREAS, Stillwater has prepared plans and specifications for the re-construction of street, replacement and or rehabilitation of municipal utilities, storm sewer and related improvements; and WHEREAS, Stillwater shall advertise and receive sealed bids and award the project to the lowest responsible bidder as authorized under Minn. Stat.429.031 et seq.and anticipates awarding and executing a construction contract in 2016 for the areas to be impacted by this agreement; and WHEREAS,OPH and Stillwater desire to modify said plans and specifications to add similar improvements for streets shared in common along their common border; and WHEREAS, the OPH agrees to have Stillwater do the construction of street over streets within OPH's jurisdiction under the contract that Stillwater will have for the balance of Stillwater's street and municipal utility improvements; and WHEREAS,Stillwater agrees to undertake some storm water improvements identified within Exhibit B for which OPH agrees to participate in financially by contributing on the basis of contributing drainage area on the total agreed cost thereof; and WHEREAS, OPH shall remit to Stillwater's costs related to improvements to OPH Streets as part of this project; and WHEREAS, this Agreement is made pursuant to statutory authority contained in Minnesota Statute 471.59. Page 93 of 144 NOW THEREFORE,IT IS HEREBY MUTUALLY AGREED AS FOLLOWS: A. PURPOSE The purpose of this agreement is set forth in the above whereas clauses which are all incorporated by reference as if fully set forth herein. B. PLANS AND SPECIFICATION PREPARATION 1. OPH and Stillwater shall each be responsible for the preparation of the necessary plans and specifications, including compliance with all applicable standards and policies and obtaining all approvals required in arriving at the specifications for their respective projects. Each city shall cooperate with the other to incorporate specifications and elements desired by them for its improvements to areas within their respective jurisdiction. 2. Review and incorporate the plans and specifications developed by OPH for the streets shared by both communities along their common border and for those areas exclusively within Stillwater. 3. Both parties shall review and approve the plans and specifications developed by STILLWATER for the storm water project identified in Exhibit A before it proceeds to contract award. As of , the City of OPH has reviewed these plans as bid and has found them to be favorable. 4. The following OPH and Stillwater project numbers have been assigned to the project: OPH____.,Stillwater 2016-02. C. CONSTRUCTION ADMINISTRATION,OBSERVATION,AND TESTING Stillwater shall be responsible for the construction administration, inspection, and for the observation and testing for all construction items for all aspects to the streets project. Stillwater will be responsible for the construction administration, inspection, and for the observation and testing of all construction items for all aspects of the storm water project referenced in Exhibit A as well as the Water Main found in Exhibit C. OPH may inspect those streets or any other improvements within its jurisdiction at its own separate expense. D. COST PARTICIPATION 1. OPH is responsible for 100% of the street reconstruction costs, including administration, inspection, observation and testing for all construction items associated with areas within its jurisdiction border as listed in Exhibit A. Page 94 of 144 2. Stillwater is responsible for 100% of the street reconstruction costs, including design, administration, inspection, and observation and testing for all construction items associated with areas within its jurisdiction or shared streets along the OPWStillwater border as listed in Exhibit A. 3. OPH shall contribute based on contributing drainage area of the total cost for storm water improvement identified within Exhibit B for which Stillwater will construct and manage. The estimated cost to OPH based on the lowest approved bid is $ .Once installed this storm line shall be maintained and operated by Stillwater. 4. Stillwater shall execute a change order, following OPH issued plans (Exhibit C) and specifications to its primary contractor for costs associated with a water main replacement along the south side of 65a' Street in OPH. Such work shall be coordinated by the STILLWATER primary contractor and done in concert with the related improvements. Costs associated with this water main will be based on the unit costs provided by the Contractor to STILLWATER and will be paid 100%by OPH to STILLWATER. 5. All costs associated with the project must be based on received bids or duly approved and executed change orders. All costs must be rationally related to such bids and based upon reasonable market conditions. E. PAYMENT 1. Stillwater will invoice OPH for its required portion of the actual construction costs for the common or shared streets which include, but are not limited to: actual construction costs, administration, testing, inspections, observation, contracted professional engineering services and standard Stillwater administration (finance and billing) and labor rates and other permitted or agreed upon amounts due after the expense has been incur-red payable within 60 days from the date of invoice. Stillwater shall provide to OPH a detailed list of incurred costs. 2. The construction costs to be paid by OPH to Stillwater shall be based on contract unit prices and actual units of work performed. 3. Stillwater will invoice OPH for its portion of the actual construction and direct related costs of the storm water project reference within Exhibit B and the water main work referenced in Exhibit C. F. LIQUIDATED DAMAGES& CHANGE ORDERS Any liquidated damage assessed the contractor in completion with the work performed on either project shall be shared by OPH and the Stillwater in the following proportion: The respective total share of construction work to the total construction cost without any deduction Page 95 of 144 for liquidated damages. Stillwater shall not initiate or approve any change orders impacting work done on behalf of Stillwater under this Agreement without the express written approval of OPH. Neither city may seek any change orders that impact work,pricing or timing on the other city's elements under any Agreement without the express written approval of that affected community. G. CIVIL RIGHTS AND NON-DISCRIMINATION The provisions of MN.Stat. 181.59 and any applicable ordinance relating to civil rights and discrimination shall be considered part of this Agreement as if fully set further herein,and shall be part of any Agreement entered into by the parties with any contractor subcontractor, or material suppliers.If either party to this agreement desires that"prevailing wages"be paid, that are in excess or are outside of the received bids, such costs (if any) shall solely born by that requesting entity for work within its respective jurisdiction. H.WORKERS COMPENSATION It is hereby understood and agreed that any and all employees of Stillwater and all other persons employed by Stillwater in the perfomlance of construction and/or construction engineering work or services required or provided for under this agreement shall not be considered employees of the Stillwater and that any and all claims that may or might arise under the Worker's Compensation Act of the State of Minnesota on behalf of said employees while so engaged and any and all claims made by any third parties as a consequence of any act or omission on the part of said OPH employees while so engaged on any of the construction and/or construction engineering work or services to be rendered herein shall in no way be the obligation or responsibility of the Stillwater. I. INDEMNIFICATION 1. Subject to the limitations of Minn. Stat.466.04 Stillwater agrees that it will defend, indemnify and hold harmless OPH against any and all liability,loss,damages,costs and expenses which Stillwater may hereafter sustain,incur or be required to pay by reason of any negligent act by Stillwater, its agents, officers or employees during the performance of this agreement. 2. Subject to the limitations of Minn. Stat. 466.04 OPH agrees that it will defend, indemnify and hold harmless Stillwater against any and all liability,loss,damages, costs and expenses which Stillwater may hereafter sustain, incur or be required to pay by reason of any negligent act by OPH,its agents,officers or employees during the performance of this agreement. 3. To the fullest extent permitted by law, action by the parties to this Agreement are intended to be and shall be construed as a"cooperative activity" and it is the intent of the parties that they shall be deemed a "single governmental unit" for the Page 96 of 144 purposes of liability,as set forth in Minnesota Statutes,Section 471.59,subd.la(a), providing further that for purposes of that statute, each party to this Agreement expressly declines responsibility for the acts or omissions of another party. The parties to this Agreement are not liable for the acts or omissions of another party to this Agreement except to the extent they have agreed in writing to be responsible for the acts or omissions of the other parties. J. TERM OF AGREEMENT This agreement shall remain in full force and effect until the elements of this Agreement and the improvements along the common border of OPH and Stillwater outlined in Exhibit A are completed. K. SEVERABILITY. The provisions of the Agreement are severable. If any portion hereof is,for any reason, held by a Court of competent jurisdiction, to be contrary to law, such decision shall not affect the remaining provisions of the Agreement. Page 97 of 144 officers.IN TESTIMONY WHEREOF the parties have duly executed this agreement by their duly authorized STILLWATER OAK PARK HEIGHTS Ted Kozlowski ,Mayor Date Mary McComber,Mayor Date J. Thomas McCarty, City Administrator Eric Johnson, City Administrator Date Approved as toform: Approved as to form: David Magnuson, City Attorney Date Mark J. Vierling, City Attorney Date Page 98 of 144 EDIT A PROJECT AREAS {MAP ATTACHED FOR REFERENCE on neat page) Page 99 of 144 EXHIBIT B -STORM WATER EXHIBIT C -65`h Street Water Main. [ MAP l Page 100 of 144 REVISED 11-6-13 RESOLUTION NO. 13-1 1 -4 6 EXTRACT OF THE MINUTES OF MEETING OF THE CITY COUNCIL OF THE CITY OF OAK PARK HEIGHTS,WASHINGTON COUNTY,MINNESOTA HELD NOVEMBER 6,2013 Pursuant to due call and notice therefor,a special meeting of the City Council of the City of Oak Park Heights, Minnesota was duly held at the Oak Park Heights City Hall in said municipality on the 6th day of November,2013,at 7:00 p.m. The following members were present: Mayor McComber, Councilmembers Dougherty, Runk, and Swenson The following members were absent:Counci lmember Li 1 j egren Councilmember Runk introduced the following resolution and moved its adoption: RESOLUTION ORDERING IMPROVEMENTS TO VARIOUS AREAS WITHIN THE CITY OF OAK PARK HEIGHTS,MINNESOTA,AND AUTHORIZING THE PREPARATION OF PLANS AND SPECIFICATIONS FOR SUCH IMPROVEMENTS BE IT RESOLVED by the City Council (the "Council") of the City of Oak Park Heights, Minnesota(the"City"),as follows: WHEREAS, on October 8, 2013, the Council authorized the holding of a public hearing (the "Hearing") under Minnesota Statutes, Chapter 429, as amended (the "Act'), to discuss and consider various street full reconstruction projects, including the installation of concrete curbing, and associated storm water infrastructure improvement and replacement(collectively,the"Improvements"),in and along portions of the following streets: 56th Street Circle, 56th Street North, Upper 55th Street North, Ozark Avenue North, Oren Avenue, Omaha Avenue North, Olene Avenue North, Olinda Avenue North, 58th Street North, 59th Street North,Osman Avenue North,Ozark Avenue North,Panama Avenue North,65th Street North, 64th Street North, Upper 63rd Street North, 63rd Street North, 62nd Street North, Paris Avenue North, Paul Avenue North, Upper 61st Street North, Peabody Avenue North, Peacan Avenue North, Peller Avenue North, Penrose Avenue North, Penfield Avenue North, 57th Street North, Upper 56th Street North,Hillman Street,and Perkins Avenue North(collectively,the"Assessment Area');and WHEREAS, also on October 8, 2013, the Council received a feasibility report on the Improvements from the City Engineer(the"Feasibility Report"),which report explored the feasibility and estimated costs to provide the Improvements under the Act;and WHEREAS, the estimated costs of the Improvements, as detailed in the Feasibility Report, is $6,261,412, and will be financed from a combination of available City revenues and tax-exempt general obligation improvement bonds;and WHEREAS, the City is additionally proposing to construct water main improvements and sanitary sewer improvements in the Assessment Area, but at this time these improvements are not proposed to be assessed to benefiting properties, nor will they be financed through general obligation improvement bonds,so such improvements are not subject to the Hearing;and Page 101 of 144 WHEREAS, the Council has held neighborhood informational meetings throughout October, to give each neighborhood in the Assessment Area a summary of the Improvements, and the necessity of such Improvements to the general overall health of the City;and WHEREAS, ten days' mailed notice and two weeks' published notice of the Hearing was given, as required by the Act,and the Hearing was held on the date hereof,at which time all persons desiring to be heard were given an opportunity to be heard thereon;and WHEREAS, a reasonable estimate of the total amount to be assessed, and a description of the methodology used to calculate individual assessments for affected parcels within the Assessment Area, has been made available for the Hearing. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Oak Park Heights, Minnesota,as follows: 1. The Improvements are necessary, cost-effective and feasible as detailed in the Feasibility Report. Specifically, the improvements are necessary to update the City's street infrastructure system, as many streets were originally constructed more than 40 years ago, and contain pavement that has been continually patched, overlaid, seal coated, and slurry sealed,but now is in need of full reconstruction. The repair of associated aging storm water infrastructure concurrently with the street reconstruction is additionally recommended for project efficiency. Finally,the Improvements are feasible from an engineering standpoint. 2. The Improvements are hereby ordered. The Council shall let the contract for all or.nart Qf the Imarovements, as authorized by Section 429.041, Subdivision 1 of the Act, no later than December 31,2016. 3. The portion of the Improvements related to associated storm water infrastructure are instituted under the Act, and this portion of the Improvements can be more economically completed if consolidated and joined as one project with the Improvements, as allowed pursuant to Minnesota Statutes, Section 435.56, as amended. Therefore, all subsequent proceedings under the Act related to the Improvements shall be conducted in all respects as if the various separate proceedings had originally been instituted as one proceeding. The actions of City staff and consultants to consolidate the storm water infrastructure portion of the Improvements with the remainder of the Improvements are approved and ratified. 4. The Improvements have no relationship to the City's Comprehensive Plan. 5. Stantec, the City's engineering firm, is hereby designated as the engineer for the Improvements. The City Engineer shall prepare plans and specifications for the making of such Improvements, which plans and specifications shall be placed on file at the City upon completion. 6. The Council declares its official intent to reimburse itself for all or a portion of the costs of the Improvements from the proceeds of tax-exempt bonds. The City has a reasonable expectation that it will issue one or more series of tax-exempt bonds in the estimated maximum principal amount of$3,000,000 to finance the Improvements, and the City will make reimbursement allocations with respect to such original expenditures for the Improvements from the proceeds of the Bonds. Page 102 of 144 This Resolution is adopted by the City Council of the City of Oak Park Heights, Minnesota,this 6th day of November,2013. Maty WNM'15er,Mayor ATT T: 1 Eric Johns n,City Administrator Page 103 of 144 RELEVANT LINKS: 2. Day labor Using day labor, or city employees,means there is no contract to bid out for See r( labor but there may be a contract to bid for materials and equipment. The 29A.29 - city may use day labor in the following situations: Minn.Stat Q 410.01. • the estimated contracts are under$100,00 ,or • the improvem nt is grading, graveling o bituminous surfacing of streets and alleys,or • there are no bid rs on the project,or • if the only bids th council receives xceed the estimated cost of the nmiect_ Even using day labor,h ever,the Ity must get bids for purchases of materials or equipment w rth mo than$100,000. Minn.stat.§429.041.subd. The council may have the ork erformed by day labor supervised by the city engineer or other quali i d erson.However, council must have the work supervised by a register d engineer if done by day labor and it appears to the council that the entire o t of all work and materials for the improvement will be more an 25,000 Minn.Stat.Q 429.041.subs When the council orders ons truC n work done by day labor it must require See I ti, 2,. a detailed report indica ng that the ork was done according to the plans and specifications,or, f there were deviations from them,an itemized statement of those d iations. This rep must be certified by the registered city engineer(or o er person in charge i ere is no registered engineer). The report must show: • the complet cost of the construction. • final quan ies of the various units of work done. • materials mished for the project and the cost of each item thereof. • cost of 1 bor, cost of equipment hired u erviso costs. H. Prepare the proposed assessment rolls Minn.stat§429.061.subs. The city clerk,with the assistance of the engineer or other qualified person See Section I-B:The special selected by the council,prepares the proposed assessment rolls. (Cities beneft test. should seriously consider retaining the services of a qualified and licensed See appraiser to help assure that the amount of the special assessment does not exceed the increase in market value accruing to the property as a result of the public improvement project). League of Minnesota Cities Information Memo: 9/22/2011 Special Assessment Guide Page 20 Page 104 of 144 RELEVANT LINKS: I. Prepare for the assessment hearing The purpose of the second hearing,commonly known as the assessment hearing, is to give property owners an opportunity to express concerns about See Form 14. the actual special assessment.Best practice suggests cities pass a resolution setting the date and time of the assessment hearing and directing that the city clerk publish and mail notice about the assessment hearing.This resolution need not be published. 1. Publish notice of the assessment hearing At least once and at least two weeks before the assessment hearing,the city See (modify slightl.) must publish notice of the hearing in the city newspaper or, if no city see FN 2). newspaper exists, in a county seat newspaper.The published notice must include the hearing time, date,place,overall project description,area to be assessed,total cost of the improvement, a description of a landowner's right to appeal the assessment,and any deferment options,if available. 2. Mail notice of the assessment hearing At least two weeks before the hearing the city must also mail notice of the hearing to each affected property owner. This mailed notice must include the 346 N.W.2d 133(Minn amount of the special assessment against the individual parcels,a 1984). description of the landowner's right to appeal the assessment,possible See i,)rm 15. prepayment provisions,and the interest rate on the assessments. (Note: Certain properties(e.g.,railroads)may not be reflected on the county's records because these property owners pay no state property tax.To provide notice, cities may need to search other records for such owners).For the assessment hearing, failure to comply with the requirements for published and mailed notice invalidates the assessments. Because specific mailed notice of the assessment is important at this stage of See Foran 15n. the process,best practice suggests the clerk execute an affidavit attesting to the mailing to property owners. J. Assessment hearing Minn.stat. 429.061_sun The assessment hearing may be adjourned and continued to another time. If 2, the assessment hearing is adjourned provide proper notice by stating on the record,the date,time and place of the continuation of the hearing. League of Minnesota Cities Information Memo: 9/22/2011 Special Assessment Guide Page 21 Page 105 of 144 RELEVANT LINKS: 1. Resolution adopting assessment roll Minn.stat.§429.061.subs: At the assessment hearing the council shall hear and consider all objections See Fon„16. to the proposed assessment,whether presented orally or in writing. The Metropolitan Airports council has some flexibility before it adopts the assessment roll and may r m , - Rr,rr,,- 716 N.W.2d 403(Minn.Ct.App. change, or amend,the proposed assessment as to any parcel. Council must, 2006). by resolution, adopt the same as the special assessment against the lands Minn.stat.§272.32. named in the assessment roll. Once the assessment roll is adopted the Minn.Stat.§272.37 assessments are set and become liens against the properties listed.The council must prepare a record of the proceedings and written findings as to the amount of the assessment roll at this hearing. 2. Council decides interest on special assessments Special assessments may bear interest at any rate the council determines, (unless a charter sets limits on interest rates for assessments). In setting the rate,the council should make sure there is a reasonable relationship between the assessment interest rate and the bond interest rate if the city issued bonds to finance the project. If the city finances the project with funds on hand without using bonds,the council will want to look at the interest rate the city would otherwise have earned on the funds. 3. Council decides payment timelines The council must also decide the number of years over which the property owners may pay the assessment.The statutes permit payment over a period of not more than 30 years. Council may wish to consider the life expectancy of the improvement when selecting the payment period for the assessments. See Section II-G-2:Mail Generally,the law does not require that the city send a final notice of notice of assessment hearing. See assessment to property owners if the amount assessed is the same as that listed in the previously mailed assessment hearing notice.However,the clerk must notify property owners of any change if the final assessment amount differs from the proposed assessment as to any particular lot,piece or parcel of land. The clerk must also notify owners by mail of any changes in interest rates or prepayment requirements the council adopts that differ from those contained in the previously mailed notice of the proposed assessment. III. Challenges by property owners The law sets out discrete timelines and procedures for challenging a city's special assessment.For the most part,objections must be raised at or before the assessment hearing. Only those who object at this stage may proceed to appeal an assessment to the district court. League of Minnesota Cities Information Memo: 9/22/2011 Special Assessment Guide Page 22 Page 106 of 144 RELEVANT LINKS: A. Objections Minn.Stat.§429.061.subd. No one can formally object to, or appeal,the amount of an assessment N.tinn ,Smi 4,421 oh[ unless the property owner signs a written objection and files it with the city See iOTM 1 mm clerk prior to the assessment hearing or presents it to the presiding officer at the hearing. Property owners subject to proposed special assessments must be informed of this requirement in the mailed notice. They should also be reminded of the requirement at the hearing itself. Any objections to the assessments not received at the public assessment App.19984).84). g 346 N 668(Minn.Ct. hearings in the manner prescribed are waived,unless the failure to object at the assessment hearing is due to a"reasonable cause."Reasonable cause is not defined in statute and has not received in-depth judicial analysis. B. Appeals to the district court Minn.stat§429.081. Within 30 days after the adoption of the assessment roll,a property owner who has properly objected to the assessment may appeal a special assessment to the district court. The property owner appeals by serving notice upon the mayor or city clerk and then filing the served notice with the district court within 10 days of that service See section 1-s. If a city's assessment is challenged in district court,the assessment roll constitutes initial proof that an assessment does not exceed the special benefit.The party contesting the assessment must introduce evidence sufficient to overcome that presumption. If the evidence as to the special benefit is conflicting it is the responsibility of the district court to determine whether the assessment exceeds the market value increase and,if so,by what amount. See section i-c-1. As discussed previously, if the city coordinates the competitive bid process with the special assessment process,the city now proceeds with the actual work of the project after certification of the assessment roll and the 30-day appeal period is over. Because the time for appeals is over before the contract is issued,the city will not need to cover potential budget shortfalls that may occur if a property owner successfully challenges a special assessment or the lowest bid comes in higher than expected. League of Minnesota cities Information Memo. 9/22/2011 Special Assessment Guide Page 23 Page 107 of 144 THIS PAGE IS INTENTIONALLY LEFT BLANK Page 108 of 144 Oak Park Heights Request for Council Action Meeting Date May 241h,2016 Time Required: 10 Minutes Agenda Item Title: CSAH 26—Southeast Frontage Road Re-aligmugilt Pro'ect—Consider Agreements M s on Coup . z/' / Agenda Placement New Busi s Originating Department/R ues ohnson QiLLAdainistrator Requester's Signa Action Requested AZ e Paris Ave Reconstruction Agreements with Waship on Coun - Sub'ect to An F Amendments b the Ci Attorne . Background/Justificatio ease indicate if any previous action has been taken or if other public bodies have advised): Enclosed are three agreeme and two requested actions necessary for the Southeast Frontage Road project 1. County Construction Agreement— 2. County City Maintenance Agreements 3. City Utility Cost Connection Agreement 4. Provide Resolution supplying a general Municipal Consent to the proposal. 5. Provide Resolution on NO PARKING These agreements bind: ITEM COST 50%CONSTRUCTION OF CITY-OWNED WATERMAIN RELOCATION $12.512,33 • The City to fund $29,116.54 for "City" Costs WITHIN COUNTY RIGHT-OF-WAY associated with the Project, These costs are 100%REMOVA'_OF CITY-OWNED SAMTARY SEWER $4.515.00 based on County "policy" requiring that local 100%ADJUSTMENT TO CITY OWNED UTILITIES $3,381.00 units of government must pay to relocate their 2.1%PRO-RATA ITEMS(MOBILIZA77ON&TRAFFIC CONTROL) $3,602.87 public facilities. Costs are enumerated in chart SUBTOTAL CITY CONSTRUCTION COSTS $24,011.20 to the right. City costs we be derived from the DESIGN ENGINEERING(2.1%OF ENGINEERING CONTRACT: $3.184 44 relevant water and sanitary sewer funds. 151640.00 CONSTRUCTION ENGINEERING/CONTRACT ADMINISTRATION(8 $1,920.90 ercent OF CONSTRUCTION COSTS • The City to reimburse Washington County for ESTIMATED CITY PROJECT COSTS $29,116.54 $27,763.75 for tree replacement fees to first be CREDIT FROM CITY TO COUNTY FOR TREE REPACEMENT FEES ON $27,763.75 paid by the developer. This is a release of the COUNTY PROPERTY tree replacement costs that may be interpreted I CITY DESIGN ENGINEERING ($2.500) as forgivable 1 not applicable under City I TOTAL ESTIMATED COST $54,3002e Ordinances.Total tree replacement fees for the entirety of the project—both the public and private elements is$46,837.25. • The County to the City's Utility Cost Connection Agreement-for which City policy requires a capital and operational contribution from public entities that desire to remit storm water to the City's systems—for this project there is not a capital need as much of the Infrastructure was funded in the SCRCP. However,it does include relevant cost sharing in the future for replacements and major maintenance—all of which are based on contributing flow which in this case is 0.17%of such flow to the City's systems in this area. • The County to perform any trail reconstruction and major maintenance on the trail ways and the City to perform City defined minor maintenance on the trail ways along Osgood Ave and the STH 36 mainline areas that move east to west The City has already been plowing these east-west trail ways consistent with the Cooperative Construction Agreement with MNDOT as Part of the SCRCP. age 109 of 144 • The County provides a reimbursement to the City for its City Design Engineer of the proposed project as required by City connections policies. The above figure of$2,500 (in highlight) is a placeholder until the City Engineer provides a final calculation of allocated actual time and is likely$7,000+/- Comments on the Agreements: Please review the Staff memo dated April 6th,2016(sent via email)where there is an extensive discussion on specific of how and why the City charges/bills associated development fees to developers(including those portions of land that would become public streets) and the requests made between the City and the County relative to reductions of fees. Based on that memo, these agreements consider that the City will receive a 50%reduction in the water main costs and the City will consider forgoing the tree replacement costs. All other costs associated with Park Dedication fees,and Utility Connection fees are the ultimate responsibility of the developer of such lands,regardless of who might pay them as part of their separate agreement for which the City is not party to.Those costs are not materially discussed in this document. Requested Actions: Approve the CSAH 26—Southeast Frontage Road Realignment Agreements with Washington County- Subject to Any Final Required Amendments by the City Attorney.These Agreements include: 1) County-City Construction Agreement 2) County-City Maintenance Agreement 3) City Utility Cost Connection Agreement The City is also asked by the County to take two additional actions: 1) Approve a general resolution of Consent to the Project and 2) Approve a resolution of No Parking on the new roadway Staff has provided appropriate amendments relative to City past practice and would recommend their approval as enclosed. Page 110 of 144 WASHINGTON COUNTY CONTRACT NO. 10226 COOPERATIVE AGREEMENT BETWEEN THE CITY OF DEPT. PUBLIC WORKS OAK PARK HEIGHTS AND WASHINGTON COUNTY FOR DIVISION TRANSPORTATION CONSTRUCTION COST OF COUNTY STATE AID HIGHWAY TERM PROJECT COMPLETION (CSAH) 26 THIS AGREEMENT, by and between the City of Oak Park Heights, a municipal corporation, herein after referred to as the "City", and Washington County, a political subdivision of the State of Minnesota, hereinafter referred to as the "County." WITNESSETH: WHEREAS, the County intends to construct CSAH 26 from CSAH 24(Osgood Avenue) to 350 feet west of Oxboro Avenue in the City of Oak Park Heights, herein after referred to as the "Project"; and; WHEREAS, items included in the construction contract require City cost participation in accordance with the Washington County Cost Participation Policy#8001 for Cooperative Highway Improvement Projects; and WHEREAS, the City desires to use local funds for these improvements; and WHEREAS, the County desires to use State Aid and local funds for these improvements; and WHEREAS, a cooperative effort between the City and County is the appropriate method to facilitate the construction of these transportation improvements; and WHEREAS, this Agreement is made pursuant to statutory authority contained in Minnesota Statute 162.17 subd. 2 and Minnesota Statute 471.59. NOW THEREFORE, IT IS HEREBY MUTUALLY AGREED AS FOLLOWS: A. PURPOSE The purpose of this agreement is set forth in the above whereas clauses which are all incorporated by reference as if fully set forth herein and shall consist of this agreement, Exhibit A(Location Map), Exhibit B (Engineer's Estimate and Cost Splits) and Exhibit C (Oak Park Heights Auto Plaza Plat). B. PLANS AND SPECIFICATION PREPARATION 1. The County shall be responsible for the preparation of all the plans and specifications for the project, including but not limited to, compliance with all applicable standards and policies and obtaining all approvals required in formulating the bid specifications for all County and City components of this Project. 2. The following County State Aid project number has been assigned to the project: SAP 082-626- 003 (CSAH 26). C. RIGHT OF WAY AND EASEMENTS 1. The County shall acquire all permanent rights-of-way, permanent easements, and temporary slope easements and shall be responsible for all land related costs. All permanent rights-of- way, permanent easements, and temporary easements will be acquired in the name of the County. Page 1 of 5 Page 111 of 144 2. Any rights-of-way, permanent easements, and temporary slope easements that cannot be obtained through negotiation will be acquired by the County through eminent domain proceedings. 3. If the City has any jurisdiction over the area noted as 59th St. N. on the Oak Park Heights Auto Plaza plat, as illustrated in Exhibit C, the City shall relinquish it to the County upon execution of this agreement. D. ADVERTISEMENT AND AWARD OF CONTRACT 1. After plans and specifications have been approved by the County, all permits and approvals obtained, and acquisition of necessary rights-of-way and easements, the County shall advertise for construction bids and at the sole discretion of the County award the contract to the lowest responsible bidder subject only to the final consent of the City for costs relating to any elements for which the City is requested to pay only for the purposes of ensuring costs are within reasonable market parameters. City consent may not be unreasonably conditioned, withheld or delayed. If the City does not provide a letter of approval of the bid for City elements within one week of bid opening, this Cooperative Agreement#10226 shall be immediately terminated. E. CONSTRUCTION ADMINISTRATION, OBSERVATION, AND TESTING The County shall be responsible for the construction administration, inspection, and for the observation and testing for all construction items. F. COST PARTICIPATION ITEMS AND ESTIMATED COSTS The County has prepared a projection for the project's construction cost and a cost participation summary hereto attached as Exhibit B. The construction cost projection is an estimate of the engineer and is in accordance with the Washington County Cost Participation Policy#8001 for Cooperative Highway Improvement Projects, which is incorporated into this agreement by reference. The City's cost participation is broken down into three categories which are: 1.) Construction; 2) Design Engineering; 3) Construction Engineering /Contract Administration. 1. Construction The cost of the construction portion of the Project is estimated to be $1,155,175.58 as indicated in Exhibit B. The City will pay to the County its share of the actual total cost as projected and shown in Exhibit B and summarized in Table 1 of this agreement. After the County has awarded the construction contract, Exhibit B will be updated to reflect the actual contractor's unit prices. 2. Design Engineering The estimated cost of design engineering for the entire project is $151,640. The City shall be liable for 2.1 percent of the design engineering costs which is estimated to be $3,184.44 and is shown in Table 1. 3. Construction Engineering /Contract Administration Construction engineering and contract administration costs are 8 percent of the estimated construction costs attributable to the City's portion of the Project. The City shall pay$1,920.90 for construction engineering and contract administration as shown in Table 1. These costs include construction observation, construction testing, construction administration, staking and other construction duties as deemed necessary. Contract Administration includes conducting and recording the pre-bid, pre-construction and weekly construction meetings, reviewing monthly pay estimates, labor compliance and other administrative engineering duties as deemed necessary. 4. Actual construction costs shall be determined at the conclusion of the project and will be based on the contractor's unit prices and the quantities constructed. Page 2 of 5 Page 112 of 144 The total estimated amount the City will pay to the County is summarized in Table 1. Fable 1 CITY OF OAK PARK HEIGHTS Cost Summary Bas dvn..EXH[SIT B ITEM COST 50% CONSTRUCTION OF CITY-OWNED WATERMAIN RELOCATION $12,512.33 WITHIN COUNTY RIGHT-OF-WAY 100% REMOVAL OF CITY-OWNED SANITARY SEWER $4,515.00 100% ADJUSTMENT TO CITY OWNED UTILITIES $3,381.00 2.1% PRO-RATA ITEMS (MOBILIZATION &TRAFFIC CONTROL) $3,602.87 SUBTOTAL CITY CONSTRUCTION COSTS $24,011.20 DESIGN ENGINEERING (2.1% OF ENGINEERING CONTRACT: $3,184.44 $151,640.00 CONSTRUCTION ENGINEERING/CONTRACT ADMINISTRATION (8 $1,920.90 percent OF CONSTRUCTION COSTS ESTIMATED CITY PROJECT COSTS $29,116.54 CREDIT FROM CITY TO COUNTY FOR TREE REPLACEMENT FEES ON $27,763.75 COUNTY PROPERTY CITY DESIGN ENGINEERING ($2,500) TOTAL ESTIMATED COST $54,380.29 G. PAYMENT 1. Upon execution of this agreement, the City shall pay to the Treasurer of Washington County the credit for the tree replacement fees in the amount specified in Table 1: $27,763.75. 2. After the County has awarded the construction contract, Exhibit B will be updated to reflect the actual contractor's unit prices and will submit a copy of the revised summary to the City. Upon receipt of the revised summary, the City shall pay to the Treasurer of Washington County an amount equal to 10 percent of the City's estimated construction cost. 3. During construction the County shall submit to the City an estimated cost of the partial work performed by the Contractor. Upon receipt of this estimated cost, the City shall pay to the County its share of the cost of the partial work performed as determined in Section F of this agreement. 4. Upon substantial completion of the work the County shall prepare a final cost participation summary which will be based upon the contract unit prices and the actual units of work performed and shall submit a copy of this summary and final invoice to the City. The County shall submit to the City a final reconciliation of costs, which will add or subtract contract amendments to the City's Project components; adjustments for liquidated damages pursuant to Section I and previous Project cost payments made by the City to the County. If the amount of the total of the payments made by the City pursuant to Section G is less than the actual cost to the City of its portion of the Project, the City agrees to pay the difference between the estimated amount paid by the City and the actual cost of the City's portion of the project. 5. In the event that the City paid more in advance than the actual cost of the City's portion of the project, the County shall refund without interest the amount to the City. 6. The City shall pay 100 percent of a final invoice amount within 30 days of receipt. Page 3 of 5 Page 113 of 144 H. CONTRACT CHANGES 1. Any modifications or additions to the final approved plans and/or specifications of the City's portion of the project shall be made part of the construction contract through a written amendment to the construction contract, but only after written concurrence by the City, and the cost for such changes shall be appropriated as set forth in Section F of this Agreement. 2. Any utility or facility which is subsequently modified or added to the final approved plans and/or specifications shall become part of the construction contract and shall be paid for in accordance with the County Cost Participation Policy as summarized in Section F of this Agreement. I. LIQUIDATED DAMAGES Any liquidated damage assessed the contractor in connection with the work performed on the project shall be shared by the City and the County in the following proportion: The respective total share of construction work to the total construction cost without any deduction for liquidated damages. J. CONDITIONS The City shall not assess or otherwise recover any portion of its cost for this project through levy on County-owned property. K. CIVIL RIGHTS AND NON-DISCRIMINATION The provisions of Minn. Stat. 181.59 and of any applicable ordinance relating to civil rights and discrimination shall be considered part of this Agreement as if fully set further herein, and shall be part of any Agreement entered into by the parties with any contractor subcontractor, or material suppliers. L. WORKERS COMPENSATION It is hereby understood and agreed that any and all employees of the City and all other persons employed by the City in the performance of construction and/or construction engineering work or services required or provided for under this agreement shall not be considered employees of the County and that any and all claims that may or might arise under the Worker's Compensation Act of the State of Minnesota on behalf of said employees while so engaged and any and all claims made by any third parties as a consequence of any act or omission on the part of said City employees while so engaged on any of the construction and/or construction engineering work or services to be rendered herein shall in no way be the obligation or responsibility of the County. It is hereby understood and agreed that any and all employees of the County and all other persons employed by the County in the performance of construction and/or construction engineering work or services required or provided for under this agreement shall not be considered employees of the City and that any and all claims that may or might arise under the Worker's Compensation Act of the State of Minnesota on behalf of said employees while so engaged and any and all claims made by any third parties as a consequence of any act or omission on the part of said County employees while so engaged on any of the construction and/or construction engineering work or services to be rendered herein shall in no way be the obligation or responsibility of the City. M. INDEMNIFICATION 1. The City agrees that it will defend, indemnify and hold harmless the County against any and all liability, loss, damages, costs and expenses which the County may hereafter sustain, incur or be required to pay by reason of any negligent act by the City, its agents, officers or employees Page 4 of 5 Page 114 of 144 during the performance of this agreement. 2. The County agrees that it will defend, indemnify and hold harmless the City against any and all liability, loss, damages, costs and expenses which the City may hereafter sustain, incur or be required to pay by reason of any negligent act by the County, its agents, officers or employees during the performance of this agreement. 3. To the fullest extent permitted by law, actions by the parties to this Agreement are intended to be and shall be construed as a "cooperative activity" and it is the intent of the parties that they shall be deemed a "single governmental unit"for the purposes of liability, as set forth in Minnesota Statutes, Section 471.59, subd. la(b). The parties to this Agreement are not liable for the acts or omissions of another party to this Agreement except to the extent they have agreed in writing to be responsible for the acts or omissions of the other parties as provided for in Section 471.59, subd. 1 a. 4. Each party's liability shall be governed by the provisions of Minnesota Statutes, Chapter 466 and other applicable law. The parties agree that liability under this Agreement is controlled by Minnesota Statute 471.59, subdivision 1 a and that the total liability for the parties shall not exceed the limits on governmental liability for a single unit of government as specified in 466.04, subdivision 1(a). O. DATA PRIVACY All data collected, created, received, maintained, or disseminated, or used for any purposes in the course of this Agreement is governed by the Minnesota Government Data Practices Act, Minnesota Statutes 1984, Section 13.01, et seq. or any other applicable state statutes and state rules adopted to implement the Act, as well as state statutes and federal regulations on data privacy. IN TESTIMONY WHEREOF the parties have duly executed this agreement by their duly authorized officers. WASHINGTON COUNTY CITY OF OAK PARK HEIGHTS Chair Date Mayor Date Board of Commissioners Molly O'Rourke Date City Administrator Date County Administrator Approved as to form: Approved as to form: Assistant County Attorney Date City Attorney Date RA22601 CSAH 26 S Fr RMAgreementslCost AgreementslCRACSAH 26 Cost Agr City edit 5-16-16.docx Page 5 of 5 Page 115 of 144 6 8 8 M V Y 61 is ^, -�m�FOREST�t•-=, 91 S�ANDI:^._ LAKE s2 Exhibit A, 62 Location Map m cy MARINE " f C61 — AN HIJGO s7 MAY TOWNSHIP CSAH 26(60th St N) -Oak Park Heights D 59 Realignment of CSAH 26 intersection 61 - s1 with CSAH 24(Osgood Ave N). 157 35 Project#SAP 082-626-003 _ """ 61 - f •00D STILL WATER' v" s — — TOWNSHIP GRANT ORLEANS ST W �Ty' ()iK]'ARK ORLPANIITR .,...- _. ,- I 111A(:I115 kl _ � m .._ b1TH ITN >< z OMMAHTE01 m U[PER 63RD S! ago N I "•�'�;G4 a]ROITN ILLWA'[ER', 6E �ar�T 62 63 BAYTOA&N " < � �. $' TOWmIP�`r' a I — LAKE r ELMO p - -- �.•, Tesxwv I'� �' •1\ �,t, WEST a LAKELAND/ —l I..._ TOWNSHIP 12 " 12 i OAK PARK 0 wt IITH IT N HEIGHTS ACH C1 BRACH t WOODBURY AFTON wPoRT, 10 kk 74 r STPAUL �i PARK ,� , DENMARK Road Classification 61TOWNSHIP LCOTTAGE rG r6 INTERSTATE HIGHWAY........................... a GROVE. J U.S.TRUNK HIGHWAY............................ /. STATE TRUNK HIGHWAY........................ IIS +' 76 J, COUNTY STATE AID HIGHWAY............... r— 61 COUNTY ROAD........................................ E Scale 1:250,000 Tma n.b .re.un of,wn,blas 61 If I+ .ntl npmthe of bnd raoorEB as they 0 1 2 4 6 8 aa,Nv.nowVVe.n:mbnCounty amoea. � —. 10— 99a Thi.map sZid bowed rornian,noo 9uWaaa 1,4 YWmratut County b not Miles mpawbb(many Naoeuneba. �Co , HWY 36 - South Frontage Road Realignment T.H.36 AT C.S.A.H.24 SOUTH I 60TH STREET NORTH(C ENGINE STATEMENT OF ESTIMATED QUANTITIES PARTICIPATING NOWPARTI TABULATION SNE T REM NO. ITEM NOTES UNIT WASHINGTON COUNTY S.A.P.082-626-003 WASHINGTO ROADWAY STORM SEWER(21) (Y1 2011.801 VIBRATION MONITORING LUMP SUM 1 2021.601 MOBILIZATION 3 LUMP SUM 0.84 0.05 0.0 20$1.501 FIELD OFFICE TYPE D EACH 1 A 12 1 2101.501 CLEARING ACRE 0.38 A 12 2101.602 CLEARING TREE 23 A 12 2101.508 GRUBBING ACRE 0.38 A 12 2101.607 GRUBBING TREE 23 M 44 2102.601 PAVEMENT MARKING REMOVAL SO FT 48 M.N 44,87 2102.502 PAVEMENT MARKING REMOVAL UN FT 2045 2103.501 BUILDING REMOVAL (1) EACH 1 2103.605 DISCONNECT SEWER SERVICE EACH L 18 2104.601 REMOVE WATER MAIN LIN FT 75 321 2104.501 REMOVE SEWER PIPE(SANITARY) LIN FT A 12 2104.601 REMOVE CURB&GUTTER LIN FT 1032 A 12 2104.501 REMOVE CONCRETE RETAINING WALL LIN FT 11 A 12 2104.501 REMOVE WOOD RETAINING WALL LIN FT 85 A 12 2104.501 REMOVE CHAIN LINK FENCE LIN FT 14 A 12 2104.501 REMOVE CONCRETE GUTTER LIN FT 33 A 12 2104.601 REMOVE CONCRETE BLOCK WALL LIN FT 11 A 12 2104.603 REMOVE BITUMINOUS WALK SO FT 3382 A 12 2104.603 REMOVE CONCRETE WALK SO FT 368 A 12 2104.503 REMOVE CONCRETE DRIVEWAY PAVEMENT SO FT 1772 A 12 2104.503 REMOVE BITUMINOUS DRIVEWAY PAVEMENT (2) SOFT 4250 A 12 2104.505 REMOVE BITUMINOUS PAVEMENT SO YD 3029 2104.509 REMOVE MANHOLE EACH L 18 2104.509 REMOVE CURB STOP&BOX EACH 2 B 12 2104.509 REMOVE DRAINAGE STRUCTURE EACH 2 S Be 2104.509 REMOVE SIGN TYPE D EACH 1 2104.609 REMOVE MAIL BOX SUPPORT EACH 2 A 12 2104.511 SAWING CONCRETE PAVEMENT(FULL DEPTH) LIN FT 37 A 12 2104.513 SAWING BITUMINOUS PAVEMENT(FULL DEPTH) LIN FT 878 B 12 2104,523 SALVAGE CASTING EACH 0.55 0.4 L 18 2104.623 SALVAGE GATE VALVE AND BOX EACH 3 OR 88 2104.523 SALVAGE SIGN TYPE C EACH 3 1 R 88 2104.523 SALVAGE SIGN TYPE D EACH 1 2104.525 ABANDON AND SEAL WELL SHAFT EACH 1 2104.601 HAUL SALVAGED MATERIAL (19) LUMP SUM 1 2105.801 DEWATERING LUMP SUM 1 C 11 2105.807 COMMON BORROW SPECIAL(CV) (P) ( CU YD 390 C,M 11,44 2105.601 EXCAVATION COMMON P CU YO 11687 C 11 2108.507 EXCAVATION-SUBGRADE (P) (6) CU YD 3340 C 11 2108.522 SELECT GRANULAR EMBANKMENT(CV) P CU YD 2048 C 11 2108.522 SELECT GRANULAR EMBANKMENT MOD 10%(CV) (13) CU YD 352 C 11 2100.523 COMMON EMBANKMENT(CV) (P) CU YD 1205 2123.610 STREET SWEEPER(WITH PICKUP BROOM) (18) HOUR 50 2130.501 WATER MGAL 100 D,E,M 13,44 2211.603 AGGREGATE BASE(CV)CLASS 5 (P) CU YD 1289 E 13 2301.602 DRILL AND GROUT REINFORCEMENT BAR(EPDXY COATED) (15) EACH 18 D 13 2357.502 BITUMINOUS MATERIAL FOR TACK COAT GAL 032 D 13 2380.601 TYPE SP 12.5 WEARING COURSE MIXTURE(3,C) TON 12 D 13 2300.501 TYPE SP 12.5 WEARING COURSE MIXTURE(3,F) TON 547 D 13 2380.602 TYPE SP 12.6 NON WEARING COURSE MIXTURE(3,F) TON 347 2411.601 DRAINAGE SYSTEM WALL 1 LUMP SUM 1 2411.801 DRAINAGE SYSTEM WALL 2 LUMP SUM 1 2411.603 CAST-IN-PLACE CONCRETE COPING LIN FT 132 2411.818 PREFABRICATED MODULAR BLOCK WALL SO FT 1611 C 11 2451.501 STRUCTURE EXCAVATION CLASS U CU YD 602 F 73 2451.507 GRANULAR BEDDING(CV) CU YD 113 92 C 11 2451.611 COURSE FILTER AGGREGATE(CV) CU YD 81 H 73 2451.807 SPECIAL FILTER AGGREGATE(LV) (9) CU YD 27 2452.601 STEEL SHEET PILING(TEMPORARY) LUMP SUM 1 F 73 2501.515 16"RC PIPE APRON EACH 1.10 0.9 F 73 2501.515 18'RC PIPE APRON EACH 0.55 0.4 F 73 2601.516 24"RC PIPE APRON EACH 0.55 0.4 G 73 2502.521 4'TP PIPE DRAIN LIN FT 51 G 73 2602.621 8"PE PIPE DRAIN LIN FT 162 G 73 2502541 4"PERF PE PIPE DRAIN (10) LIN FT 1593 G 73 2502.541 8'PERF PE PIPE DRAIN LIN FT 1B8 G 73 2502.802 8'PE INSPECTION TEES EACH 4 SAPS2626D03_SEQ Page 117 of 144 SEQ T.H.36 AT C.S.A.H.24 SOUTH F 60TH STREET NORTH(C ENGINE STATEMENT OF ESTIMATED QUANTITIES PARTICIPATING NON-PARTI TABULATION SHEOET REM NO. ITEM NOTES UNIT WASHINGTON COUNTY SA.P.0824M403 WASHINGTO ROADWAY STORM SEWER(21) (21 F 73 2503.511 18"CP PIPE SEWER(SMOOTH) UN FT 6.6 4.: F 73 2503.541 16"RC PIPE SEWER DES 3000 CL V UN FT 130 11 F 73 2503.541 18"RC PIPE SEWER DES 3008 CL III UN FT 46 SE F 73 2503.541 18"RC PIPE SEWER DES 3008 CL IV UN FT 238 19: F 73 2503.541 24'RC PIPE SEWER DES 3008 UN FT 6 4 2503.602 CONSTRUCT BULKHEAD EACH 0.55 0.4 F 73 2503.602 CONNECT TO EXISTING STORM SEWER EACH 1.66 1.3 G 73 2503.602 CONNECT INTO EXISTING DRAINAGE STRUCTURE EACH 2 L 18 2504.802 CONNECT TO EXISTING WATER MAIN EACH 0.5 2 L 18 2504.602 INSTALL GATE VALVE AND BOX EACH 2 2504.802 ADJUST VALVE BOX EACH 1 L 18 2504.802 2'CORPORATION STOP EACH 1 L 18 2504.802 4'GATE VALVE AND BOX EACH 1 L 18 2504.002 12'GATE VALVE AND BOX EACH 0.5 L 18 2504.602 2"CURB STOP AND BOX EACH 1 L 18 2504.003 2"TYPE K COPPER PIPE LIN FT L 18 2604.603 4"WATERMAIN DUCTILE IRON CL 52 LIN FT L 18 2504.603 12"WATERMAIN DUCTILE IRON CL 62 LIN FT 74.5 24- L 18 2504.603 24"STEEL CASING PIPE LIN FT 25 L 18 2504.604 4"INSULATION SO YD 2 L 18 2604.606 DUCTILE IRON FITTINGS POUND 151 1477 F 73 2606.601 CONSTRUCT DRAINAGE STRUCTURE DESIGN G (B) LIN FT 2.1 1.1 F 73 2508.501 CONSTRUCT DRAINAGE STRUCTURE DESIGN N (e) LIN FT 5.7 4.: F 73 2606.601 CONSTRUCT DRAINAGE STRUCTURE DESIGN 484020 (B) LIN FT 26.7 1 21. F 73 2506.501 CONSTRUCT DRAINAGE STRUCTURE DESIGN 724020 (8) LIN FT 2.5 2.1 F 73 2500.501 CONSTRUCT DRAINAGE STRUCTURE DESIGN 784020 (8) LIN FT 3.9 F 73 2580.501 CONSTRUCT DRAINAGE STRUCTURE DESIGN 844020 (8) LIN FT 2.5 2.f F 73 2500.502 CONSTRUCT DRAINAGE STRUCTURE DESIGN SPECIAL (4) EACH 0.66 0.4 F 73 2608.618 CASTINGASSEMBLY EACH 5.5 4.: 2800.521 INSTALLCASTING EACH 0.66 0.4 2508.522 ADJUST FRAME AND RING CASTING (11) EACH F 73 2500.003 RECONSTRUCT DRAINAGE STRUCTURE LIN FT 6.5 4.1 2508.801 INFILTRATION SYSTEM (14) LUMP SUM 1 F 73 2511.601 RANDOM RIPRAP CLASS II CU YD 3.3 2.7 F 73 2511.601 RANDOM RIPRAP CLASS III CU YD 7.5 8.' F 73 2611.616 GEOTEXRLE FILTER TYPE III SO YD 62.7 61. E 13 2521.501 4"CONCRETE WALK SQ FT 313 E 13 2521.501 W CONCRETE WALK SQ FT 651 E 13 2521.511 3'BITUMINOUS WALK SQ FT 2938 E 13 2631.601 CONCRETE CURB 8 GUTTER DESIGN 8812 LIN FT OB E 13 2531.501 CONCRETE CURB 8 GUTTER DESIGN 8824 LIN FT 1801 D 13 2531.507 6'CONCRETE DRIVEWAY PAVEMENT SQ YD 42 E 13 2531.803 CONCRETE CURB DESIGN V LIN FT 8 E 13 2531.818 TRUNCATED DOMES SQ FT 83 M 44 2633.607 PORTABLE PRECAST CONCRETE BARRIER DESIGN 8337 LIN FT 410 27 44 M 44 2533.508 RELOCATE PORTABLE PRECAST CONCRETE BARRIER DESIGN 8337 LIN FT 335 22 3E F 73 2554.509 GUIDE POST TYPE B EACH 2 2554.511 TRAFFIC BARRIER DESIGN 88338 LIN FT 112.6 2654.521 ANCHORAGE ASSEMBLY-PLATE BEAM EACH 1 2554.523 END TREATMENT-TANGENT TERMINAL EACH 1 M 44 2554815 IMPACT ATTENUATOR (3) ASSEMBLY 2.51 0.18 02 M 44 2554815 RELOCATE IMPACT ATTENUATOR 3 ASSEMBLY 3.36 0.22 0.3 2557.501 WIRE FENCE DESIGN 60-9322 LIN FT 80 2657.003 ORNAMENTAL FENCE DESIGN SPECIAL LIN FT 138 2503.001 TRAFFIC CONTROL (3) LUMP SUM 0.84 0.05 0.0 M 44 2603.002 PORTABLE CONCRETE BARRIER DELINEATOR (3) EACH 10.08 0.68 1.0 M 44 2683810 FLAG PERSON (3) HOUR 281.88 18.48 29A M 44 2563878 CONSTRUCTION SIGN-SPECIAL (3) SO FT 189 12 2C O 88 2554.631 SIGN PANELS TYPE C SQ FT 132.5 P 88 2654.537 INSTALL SIGN TYPE C EACH 3 R 88 2564.537 INSTALL SIGN TYPE D EACH 1 2554.002 INFILTRATION AREA MARKER X3-8A (20) EACH 2 1 14 2572.501 TEMPORARY FENCE LIN FT 633 1 14 2573.602 SILT FENCE.TYPE HI LIN FT 814 1 14 2673.616 FILTER BERM TYPE 3 LIN FT 70 1 14 2573.530 STORM DRAIN INLET PROTECTION EACH 14 1 14 2673.633 SEDIMENT CONTROL LOG TYPE STRAW LIN FT 400 2573.535 STABILIZED CONSTRUCTION EXIT (12) LUMP SUM 1 J 14 2574.508 FERTILIZER TYPE 3 POUND 324 J 14 2574.508 FERTILIZER TYPE 4 POUND 36 H 73 2574.525 FILTER TOPSOIL BORROW (17) CU YD 376 C 11 2574525 ORGANIC TOPSOIL BORROW (e) CU YD 890 J 14 2574.578 SOIL BED PREPARATION ACRE 1.22 SAP82626003_SEQ Page 118 of 144 SEQ T.H.36 AT C.S.A.H.24 SOUTH F WITH STREET NORTH(C ENGINE STATEMENT OF ESTIMATED QUANTITIES PARTICIPATING NON-PARTI TABULATION SNOT ITEM NO. ITEM NOTES UNIT WASHINGTON COUNTY SA.P.082.626403 WASHINGTO ROADWAY STORM SEWER(21) (27 Ili 14 2575.501 SEEDING ACRE 3.67 I 14 2576.602 SEED MIXTURE 21-111 POUND 175 J 14 2575.502 SEED MIXTURE 25-141 POUND 50 J 14 2575.502 SEED MIXTURE 25-151 POUND 121 J 14 2575.511 SEED MIXTURE 33-381 POUND 22 1 14 2575.511 MULCH MATERIAL TYPE 1 TON 2.6 J 14 2575.511 MULCH MATERIAL TYPE 3 TON 0.84 J 14 2575.513 MULCH MATERIAL TYPE 9 (18) CU YD 21 J 14 2575.519 DISK ANCHORING ACRE 0.83 J 14 2575.623 EROSION CONTROL BLANKETS CATEGORY 00 SO YD 402 1 14 2575.523 EROSION CONTROL BLANKETS CATEGORY 3 SO YD 2609 J 14 2575.523 EROSION CONTROL BLANKETS CATEGORY 3N SO YD 1042 J 14 2575.500 HYDRAULIC MULCH MATRIX POUND 1060 I 14 2575.571 RAPID STABILIZATION METHOD 3 MGAL 7.2 M 44 2580.003 INTERIM PAVEMENT MARKING LIN FT 1840 N 87 2582.501 PAVT MSSG PREF TAPE GR IN 80 FT 80 N 87 2582.502 4"SOLID UNE EPDXY GR IN LIN FT 2100 N 87 2582.502 12'SOLID LINE EPDXY GR IN LIN FT 50 N 87 2582.502 24"SOLID LINE EPDXY GR IN LIN FT 28 N 87 2582.502 4'DOTTED LINE EPDXY GR IN LIN FT 28 N 87 2582.502 4-DBLE SOLID LINE EPDXY GR IN CONT LIN FT 870 N 87 2582.503 CROSSWALK PREF TAPE GR IN so FT 18 SPECIFIC NOTES (1)ITEM FOR BUILDING FOUNDATION REMOVAL.PRESENSE OF CONTAMINATED MATERIALS IS UNKNOWN. PROPER DISPOSAL OF CONTAMINATED MATERIALS,IF PRESENT IS INCIDENTAL (2)ITEM INCLUDES REMOVAL OF BITUMINOUS PARKING LOTS. (3)MOBIUZATION AND TRAFFIC CONTROL ARE SPLIT BASED ON PERCENTAGE OF CONSTRUCTION COSTS. (4)POND OUTLET CONTROL STRUCTURE (5)INCLUDES 12"COMPACTION SUBCUT (6)ITEM MODIFIED,REFER TO NOTE ON TABULATION SHEET NO.11. (7)ITEM FOR FILTRATION BASIN CLAY LINER. (8)ALL DRAINAGE STRUCTURES SHALL BE PRECAST. (9)ITEM FOR FILTRATION BASIN IRON ENHANCED SAND MATERIAL SEE DRAINAGE DETAIL SHEET NO.75. (30)INCLUDES FINE FILTER AGGREGATE(INCIDENTAL).REFER TO STANDARD PLAN 5-297A30 ON SHEET NO.37. SELECT GRANULAR MATERIAL MAY BE USED IN PLACE OF FINE FILTER AGGREGATE. (11)SEE SHEET NO.8 FOR CITY OF OAK PARK HEIGHTS STD.PLATE STR-18 FOR HDPE ADJUSTMENT RING DETAILS. (12)INCLUDES MATERIALS,CONSTRUCTION,MAINTENANCE,AND REMOVAL FOR LOCATIONS AS SHOWN ON SHEET NO.82-83. (13)REM FOR RETAINING WALL BACKFILL MATERIAL. (14)REM FOR FILTRATION POND TESTING.REFER TO SPEICAL PROVISIONS. (15)ITEM FOR PEDESTRIAN CURB RAMPS.UTILIZE WHERE LANDINGS ARE CAST SEPARATELY. (16)FOR ALL SW EEPING AS ORDERED BY THE ENGINEER.INCLUDES SWEEPER OPERATING TIME ONLY AND DOES NOT INCLUDE TIME TO TRANSPORTTHE SWEEPER TO AND FROM THE PROJECT SITE. (17)MODIFIED WITH MAXIMUM OF 20 PERCENT GRADE 2 COMPOST.SEE DRAINAGE TABULATION SHEET NO.73. (18)ITEM FOR ROCK TRENCH DRAIN AND AREA BETWEEN WALL AND RIGHT-OF-WAY.SEE DRAINAGE DETAIL ON SHEET NO.78. (19)ITEM FOR SALVAGE AND TRANSPORT OF THREE TREES APPROXIMATELY4-DIAMETER IN SIZE,ONE TYPE C SIGN, AND ONE GATE VALVE AND BOX OFF THE PROJECT SITE,AS DIRECTED BYTHE ENGINEER. (20)REVISE MARKER TO READ"FILTRATION"INSTEAD OF"INFILTRATION" (21)STORM SEWER COSTS ARE 55%STATE AID ELIGIBLE. GENERAL NOTES A)TRAIL COSTS ARE SHOWN AS 100%COUNTY COST.RELOCATION OF EXISTING TRAIL.NO CITY PARTICIPATION IS SHOWN. B)CITY UTILITY ADJUSTMENTS ARE 100%CITY RESPONSIBILITY. C)MOBILIZATION AND TRAFFIC CONTROL ARE SPLIT BASED ON PERCENTAGE OF CONSTRUCTION COSTS. D)THIS ESTIMATE IS FOR CONSTRUCTION COSTS ONLY AND DOES NOT INCLUDE RIGHT-OF-WAY OR ENGINEERING COSTS. E)THIS ESTIMATE DOES NOT INCLUDE LANDSCAPING. F)REMOVALS ARE LIMITED TO CONSTRUCTION LIMITS OR INPLACE RIGHT OF WAY FOR COUNTY ROAD.REMOVALS FOR HOLIDAY SITE PLAN BY OTHERS. SAP82626003_SEO. Page 119 of 144 SEQ t OAK PARK HEIGHTS AUTO PLAZA G FA C.f NXCOR bEC 4,T�eN.am Iw1E��AX11EC 4.TacN / N66•li'IS'E �W eoRN --aMi.w-- MSPA So— ..622.4s--- �j � 5 `ND"N LAWFMM-MEIN NORTH LINE NEW SEC.4r K'•4 , Y E Y 1/2 MCH WMACE F M.L.S.NO.74471 I 1 E M.xOLMI 1 N Se6.10'Id'W � W S4.f7 ` NE•Ib'4l'w ISDUTRnW LINE OF111 TRACT EAST LME DP TRACT :6.K a j 1 DEscRDI7d116I:0 w I` W-IM864601 SNf•MM'se-W DOC•Yf166\iW� _ n G 3129.6E-- - -I - N JU90 --------1 �t.rte 6."1 t� I M.�• � t/2 SiCN IR011 PIPE I �''�J 1 �J'••, 'BLOCK { b �� I r\� /MONUMENT MPLACE -\ r6.TACK1g7T4! H M•' 1 I j LOT 1 l w5 1 3 4°°tir 94.356 Soft.A Oil 1AA. w i IL-- I----- 0" --- � � Vim` H•�l�)\ I n� - Ee esp. 1 I •yam q OUTLOT A Ifs d�A ' _-1 p 6.gT.fst M9,' � 1< 7 z e. •i 130,T46 5G.Ft.* , t .Lim, , � ���� 1 131102• / 1 ` L�1 + Gli H i�w pRANAOE No �•a, �� I� � I i{ OTILITY EA6aMOiT Li `},P, ,. yunm AIq R014NAY T Maq.Sasla EAl Y.` I I OEOa111D 01000OMENM34 /SOVTXLWE OF 7X2 NORTH 40 RODS OF TIE NEWNEMM 7 f i ` �- •61.62- _471.6f- - / 1�1Iro MON mom PIPE x66•IYn'E / LE 1, 4.TICE WE MCN MOM P�f' G.Ip NONUMUT MPLACC 0./TACK) O DENOTES 1/2 MCH)SWR PIPE MONUMENT RT AND MANNED WITH A PLAFM CAP ICINITY MAPI SE(,TION 4 T29N R20W M6GRMED•RL.S.am*.UNLESS Dim MOM. 1O11IPKT EX CT iR ECTO V IF IL i0.ETCJ ORIENTATION OI THIS KARM6 SYSTEM M ASSUMEO b I N UNE q I STREET LINE SOLE W ettY ; O to s0 100 200 -DRAINAGE AND UTILIT7 EASEMENT \IA O i7 A A 40 ORAMAGE AND UTILITY EASEMENTS W=THUS. SCALE M NSf6R6 D ADAM SE am mums 6 PEST M T 10 F99T IN WVM MAIM ADd06E16 ODE AND •.m'�•• �• RUN LOT LEES,1116.1166 DTMERwG1E VIdMR SOALE•'ET BRME A.FOLZ A ASSOCIATES age of 144 LAND SOVEYiNG STILLYUATER, MINNESOTA WASHINGTON COUNTY COOPERATIVE AGREEMENT BETWEEN THE CITY OF CONTRACT NT. 10227 DEPT. PUBLIC WORKS OAK PARK HEIGHTS AND WASHINGTON COUNTY DIVISION TRANSPORTATION FOR MAINTENANCE OF TERM PERPETUAL COUNTY STATE AID HIGHWAY(CSAH)26 THIS AGREEMENT, by and between the City of Oak Park Heights, a municipal corporation, herein after referred to as the "City", and Washington County, a political subdivision of the State of Minnesota, hereinafter referred to as the "County". WITNESSETH: WHEREAS, the County desires to design, construct and maintain CSAH 26 from CSAH 24(Osgood Avenue)to 350 feet west of Oxboro Avenue, herein after referred to as the "Project"; and WHEREAS, the City and the County have entered into a separate agreement for the construction cost sharing of CSAH 26 and all items constructed with this project; and WHEREAS, a cooperative effort between the City and County is the appropriate method to facilitate the maintenance of items constructed as part of the Project; and WHEREAS, this Agreement is made pursuant to statutory authority contained in Minnesota Statute 162.17 subd.2 and Minnesota Statute 471.59. NOW THEREFORE, IT IS HEREBY MUTUALLY AGREED AS FOLLOWS: I. PURPOSE The purpose of this agreement is set forth in the above whereas clauses which are all incorporated by reference as if fully set forth herein and shall consist of this agreement, Exhibit A(Location Map), Exhibits 131 and 132 (Trail and Pedestrian Ramp Plan Sheets), Exhibit C (Sidewalk Location Sheet) and Exhibits 131 and D2 (City Storm Sewer Conveyance Sheets) II. MAINTENANCE/OWNERSHIP A. Upon completion of the Project, the City shall own and maintain the following under this project: 1. Municipal Utilities: Existing, constructed or reconstructed sanitary sewer and water mains. 2. Storm sewer: Storm sewer trunk line, lateral lines, and catch basins existing, constructed, or reconstructed under this project that are owned by the City. Maintenance shall include applicable tasks, as required by the City Engineer. B. Upon completion of the project the following applies to the City: 1. Trails and pedestrian ramps: The City shall perform minor maintenance of trails and pedestrian ramps existing and constructed under this project. Constructed trails will run east from CSAH 24 (Osgood Avenue)to CSAH 26 and east along the south side of CSAH 26 to the existing trail at a point 350 feet west of Oxboro Avenue (see Exhibit 131). Pedestrian ramps will be constructed where the trail crosses CSAH 26 (see Exhibit 131). A temporary trail and pedestrian ramp will be constructed along the east side of CSAH 24 from CSAH 26 to the existing trail approximately 100 feet north of CSAH 26 (see Exhibit 62). Minor maintenance includes those elements consistent with City ordinances, policies or council directives. 2. Corridor boulevards: The City, at their expense, may, but are not required to perform corridor boulevard mowing. 3. Sidewalk: The City shall perform minor maintenance of the portion of sidewalk that extends 50 feet south from the trail along the west side of CSAH 26 as the road curves from north to Page 1 of 4 Page 121 of 144 east(see Exhibit C). Minor maintenance includes those elements consistent with City ordinances, policies or council directives. 4. Trails and pedestrian ramps: The City shall perform minor maintenance on the trail proposed to be constructed along the east side of Osgood Avenue (CSAH 24)and north of the CSAH 26 realignment. This sidewalk will be built within a permanent easement to the County under a future site redevelopment project by Holiday Stationstores. Minor maintenance includes those elements consistent with City ordinances, policies or council directives. C. Upon completion of this project the County shall own and maintain the following under this project: 1. Pavement: The County shall own and maintain all pavement systems constructed on its County right-of-way under this project. 2. Curb and gutter: The County shall own and maintain all curb and gutter on its County right- of-way existing or constructed under this project. 3. Traffic barrier: The traffic barrier(app. 163 ft. long guardrail) along the east side of CSAH 26 constructed under this project. 4. Trails and pedestrian ramps: The ownership and major maintenance of trails and pedestrian ramps existing and constructed under this project shall be in accordance with MnDOT Contract No. 01432. Constructed trail will run east from CSAH 24(Osgood Avenue)to CSAH 26 and east along the south side of CSAH 26 to the existing trail at a point 350 feet west of Oxboro Avenue (see Exhibit 131). Pedestrian ramps will be constructed where the trail crosses CSAH 26 (see Exhibit 61). 5. Sidewalk: The County shall own and perform major maintenance of the portion of sidewalk that extends 50 feet south from the trail along the west side of CSAH 26 as the road curves from north to east(see Exhibit C). Major maintenance shall include repair and/or replacement of sidewalk panels as needed. 6. Trails and pedestrian ramps: The County shall own and perform major maintenance on the north-south trail proposed to be constructed along the east side of Osgood Avenue (CSAH 24) (See Exhibits B1 and 132). This trail will be built within a permanent easement to the County under a future site redevelopment project by Holiday Stationstores. 7. Retaining walls: Retaining wall located on County right-of-way and along the east side of CSAH 26 (See Exhibits 61 and 132). Retaining wall located within County right-of-way along the west side of CSAH 26 (see Exhibit C). 8. With respect to the construed corridor boulevard, the County will mow the corridor boulevards a maximum of twice per year. 9. Signing: All permanent roadway signing on County roads will be controlled by the County. 10. Crosswalk and pavement markings: All markings on county roads. 11. Storm sewer: The County shall own and maintain the storm sewer trunk line, lateral lines, and catch basins on its County right-of-way constructed under this project, as illustrated in Exhibits D1 and D2. 12. The County shall enter into a cost share agreement for the storm water connection into City system, as identified in Exhibit D2. D. All maintenance required to be performed by this agreement by the Parties shall be performed in a manner which shall be at the sole discretion of the party so obligated. E. The City and County will follow work zone traffic control procedures required in the Minnesota Manual of Uniform Traffic Control Devices for all maintenance activities. Page 2 of 4 Page 122 of 144 F. The County and City will notify each other at least 24 hours in advance of any maintenance activities requiring a lane closure or permit for work within the other party's right-of-way. G. The County will control all parking and other regulations on County roads, subject to any previous Agreements between the City and the County. H. The City will control all parking and other regulations on City roads, subject to any previous Agreements between the City and the County. III. CIVIL RIGHTS AND NON-DISCRIMINATION The provisions of Minn. Stat. 181.59 and of any applicable ordinance relating to civil rights and discrimination shall be considered part of this Agreement as if fully set further herein, and shall be part of any Agreement entered into by the parties with any contractor subcontractor, or material suppliers. IV. WORKERS COMPENSATION It is hereby understood and agreed that any and all employees of the County and all other persons employed by the County in the performance of construction and/or construction engineering work or services required or provided for under this agreement shall not be considered employees of the City and that any and all claims that may or might arise under the Worker's Compensation Act of the State of Minnesota on behalf of said employees while so engaged and any and all claims made by any third parties as a consequence of any act or omission on the part of said County employees while so engaged on any of the construction and/or construction engineering work or services to be rendered herein shall in no way be the obligation or responsibility of the City. It is hereby understood and agreed that any and all employees of the City and all other persons employed by the City in the performance of construction and/or construction engineering work or services required or provided for under this agreement shall not be considered employees of the County and that any and all claims that may or might arise under the Worker's Compensation Act of the State of Minnesota on behalf of said employees while so engaged and any and all claims made by any third parties as a consequence of any act or omission on the part of said City employees while so engaged on any of the construction and/or construction engineering work or services to be rendered herein shall in no way be the obligation or responsibility of the County. V. INDEMNIFICATION A. The City agrees that it will defend, indemnify and hold harmless the County against any and all liability, loss, damages, costs and expenses which the County may hereafter sustain, incur or be required to pay by reason of any negligent act by the City, its agents, officers or employees during the performance of this agreement. B. The County agrees that it will defend, indemnify and hold harmless the City against any and all liability, loss, damages, costs and expenses which the City may hereafter sustain, incur or be required to pay by reason of any negligent act by the County, its agents, officers or employees during the performance of this agreement. C. To the fullest extent permitted by law, actions by the parties to this Agreement are intended to be and shall be construed as a "cooperative activity" and it is the intent of the parties that they shall be deemed a "single governmental unit"for the purposes of liability, as set forth in Minnesota Statutes, Section 471.59, subd. 1 a(b). The parties to this Agreement are not liable for the acts or omissions of another party to this Agreement except to the extent they have agreed in writing to be responsible for the acts or omissions of the other parties as provided for in Section 471.59, subd. la. Page 3 of 4 Page 123 of 144 D. Each party's liability shall be governed by the provisions of Minnesota Statutes, Chapter 466 and other applicable law. The parties agree that liability under this Agreement is controlled by Minnesota Statute 471.59, subdivision 1 a and that the total liability for the parties shall not exceed the limits on governmental liability for a single unit of government as specified in 466.04, subdivision 1(a). VI. DATA PRIVACY All data collected, created, received, maintained, or disseminated, or used for any purposes in the course of this Agreement is governed by the Minnesota Government Data Practices Act, Minnesota Statutes 1984, Section 13.01, et seq. or any other applicable state statutes and state rules adopted to implement the Act, as well as state statutes and federal regulations on data privacy. VII. CONDITIONS The City shall not assess or otherwise recover any portion of its cost for this project through levy on County-owned property. The County shall not assess or otherwise recover any portion of its cost for this project through levy on City-owned property. IN TESTIMONY WHEREOF the parties have duly executed this agreement by their duly authorized officers. WASHINGTON COUNTY CITY OF OAK PARK HEIGHTS Chair Date Mayor Date Board of Commissioners Molly O'Rourke Date City Administrator Date County Administrator Approved as to form: Approved as to form: Assistant County Attorney Date City Attorney Date Page 4 of 4 Page 124 of 144 8 6 6 V Y - 61 ., FOREST q S LAKEC?iIVDIi1 Exhibit A, 5252 Location Map A0 14, CROIX ; 4A 57" HUGO TOWNSHIP CSAH 26(60th St N)-Oak Park Heights 1-110, 4 of �i Realignment of CSAH26 intersection with CSAH 24(Osgood Ave N). ' S7 M�k ss Project#SAP 082-626-003 s' a! �€ 5!TILLWATER 1 oon ' '; 'fir, SHIP GRANT ORLEANS ST oAKI'ARK ORL_fasra NEXHITS - - 55 2 - NTNBTN - a, x � t UPPER 6180 8T N 64 63RD sT N ' ,�` � II:LWATER 62NDSTN - OAKP BAYTO�WN Rr f yea ^g TOWNSHIP x. LAKE g "ECMO a - 368N8M1' l��,� •� WEST LAKELAND ° 71TOWNSHI 12 �. ` OAK.AIsE �y9y,1�N �°1� i �xTls fN 12 12 r . OAK PARK G.. 7TSTN HEIGHTS 4_ •- � -— WOODBURY 7t ' N r�m-weoeT m 10 74 ST PAUL m P"""`_( DENMARK Road Classification 61, OTTAGE TOWNSHIP.a d r T6 7 QF INTERSTATE HIGHWAY........................... GROVES T 75 ? U.S.TRUNK HIGHWAY............................ STATE TRUNK HIGHWAY........................ 7 COUNTY STATE AID HIGHWAY............... a 61 COUNTY ROAD..............:......................... rb 6,o f P Scale 1:250,000 ThI .,d .dL t1 ofI.uit.d. W.i.eth ! 0 1 2 4 6 8 .mreinvarbu N oh Vion omsy appear, Nv.reu.ousedrbnC.u�r.81u.. `3y. –uy �t0 rN.m.Pah.uN h.uatl brobnn.. ` P.�P......Iy.PP..hlrew.°aunty i..a Miles —P.mOb foray 3nc.u..N.. �� HWY 36 - South Frontage RoadRealignment 1- W,y J N 1 W 1 r •A' i a id s n a E A o is LO x 1 Y s N01 1 ; p e m�1 1L'a �` a+ • r sW � �Y � 2 u 1 V IL m r W I I N N f J a0 4 N Y U<S N V i ' tlf c s W&A Z I 1 1 O N ► ..u.1�' I E I ' R U Imo" V N _ 0 ��yy W 1 1' •� € `� ��r�•� ilk S e I to I w p�m7 H /!� Lp a C C Zi E 'N QS ioLUE Jz all a jt s J 1 Y 566 " >46 � yy11 0 91 W ' O 0000 00 0 G4'1Y f t f� I 304 M r Irk Ia I � 111 CL f s E 1 ': i 1jit 3a.- .5b, -Cb C I a 1 ! I ! cop Ld N ^ 1 I .-• of :S7' to 1 0 ►r i.i.. f .......... _.c 0 0 t1Y WA g� Ittim N O M/'IW'flWMlvn/t01IMWwM1�M11�W OAM�IwImu \IIHV[ a ngr.f Page 126 of 144 I WO w g CL z CY jIj v i E (D W J 1 I 1 I I O KNE a FLa - Em 5 I ED LO N ld 52 A N z: 1 xN3i Q" Ai ffg 1 a � 1 i I S x 'z o +im i • N ��yy S'd off' W c = • - ,I a� S Ga 1 z _j� nVul :l� i,- =In 8= q WII 1 dL4 e 8 � i L l � r N ♦ IG 1 1 m m N z VI t ' 1 O N 1 N � ? 1H"z Q + 4 Q J I' / N�' O O - I I' s 1 uI- Y o 0 mN rn w tal tN im Ol t - C �.� W I-- aCE to 9 CL .{')'IOW'{Iy1iYlMlgrt.v0tw.q�s.w�..w{W i W lvi.'vvt.v ylt�i�f Page 127 of 144 Exhibit C, Sidewalk ,1 PA' OYP ^:LVP M I dP County-owned north of this line f Holiday-owned 4. south of this line �3 ~''0. ` s.aw a, 6 1 04 l I 4X I 4 Wall constructed and ornamental �RWkw fence installed under County 3 i project Sidewalk constructed under County project. City performs minor maintenance ` RAW Sidewalk- Holiday construction J Page 128 of 144 MATCHLI C. S.A. H. 26 STA. LMJ 60 LF 6 PERF PIE PIPE Ii DRAIN--I.E. 892.5 5 01 1 3 6 Do( 5004 -�El�00 G. B 8 892.00 IX= 897.00 898.6 r 5001 5 5002B // B M--895.5 0=0 0 H L=898.62 6 1 L74---, 7 L 10 LF 6" PERF PIEJ PIPE DRAIN 9 ii .,' / /. DRAIN01/ �SL tPE_ Ale 0.0072 V,,,,IIZAJ ' I '//' /., 1 0.02 C. S. A. Ln { `i 4 CL OSGOOD rL OSGOOD ji AVE S. B.] AVE N. B. — — — — — — — — — — — — I hereby cer+l that+him pian,specification,or rer was prepared b�y nd wor direct a( n that I d ego, fT r _, I F do the IQ A FAM6 MA Prin+w. t rL NO �D�A�TFBY CKD APPRI REVISION WF2,gyof 144 CO B2626003-dr01.don Date License • 4 OSGOOD CL OSGOOD AVE N. B. . AVE S. B. -7 it l <- Kl::4) > 6 3 (2) El 4N ;77-'4 7 tv, 0 CV P liq Fr 1 5 50 < 009 01( 009,6 II —_j -... ...Y__._.._7. MATCHLI C. S. A. H. 26 STA. I hereby certI17 that this plan, ftr6 or ror antler was prepared by M !gwprrofmy thatm,.4r�vde' if tA the- . m, MA p".. )fv- Wa 0— "(f 144 rOr 1 7.IZ5 0 REVISION =111EM CKD =APPR4 rP.QFin Date L lcenso • WASHINGTON COUNTY CONTRACT NO. 10228 DEPT. PUBLIC WORKS DIVISION TRANSPORTATION TERM PERPETUAL City Utility Connection Cost Sharing Agreement THE PURPOSE OF THIS AGREEMENT IS TO ENSURE AND DOCUMENT THE APPROVED CONNECTION TO THE CITY'S UTILITY SYSTEM BY AN OUTSIDE PUBLIC / PRIVATE AGENCY. THIS AGREEMENT IS REQUIRED AS OUTLINED IN THE CITY POLICY FOR COST PARTICIPATION POLICY ON CONTRIBUTING FLOWS TO CITY SANITARY SEWER AND STORM WATER SYSTEMS. PRIOR TO ANY CONNECTIONS MADE TO THE CITY'S SYSTEMS, A FINAL COST SHARING AGREEMENT, INCORPORATING THE CAPITAL AND MAINTENANCE COST RESPONSIBILITIES,AS OUTLINED BELOW, SHALL BE FULLY EXECUTED BETWEEN THE CITY AND THE CONTRIBUTING PARTY AS APPROVED BY THE CITY ENGINEER AND CITY ATTORNEY. Location of Project: CSAH 26 (South Frontage Road)—From CSAH 24 to 350-feet west of Oxboro Avenue— See Exhibit A. Summary of Project: Washington County has proposed to make one storm water interconnection to the City's Storm Water System as shown in Exhibit B. This project is part of the CSAH 26 (South Frontage Road) Reconstruction Project. These connections have been reviewed by the City Engineer as shown in Exhibit C. Commitments: In exchange for the permission to interconnect to the City's storm water system,the County shall: 1. Be additionally responsible for continuing major maintenance costs for storm sewer repairs, as shown in Exhibits D1, D2, D3 and D4 including repairs and replacement for utilized infrastructure, downstream maintenance or any directly related cost. Such costs shall be based on contributing flow as calculated by the City Engineer(Exhibit C). a) If there is a dispute on the percentages of contributing flows, the following process shall be followed for resolution. Staff from each party shall attempt to reach consensus. If this is not successful, then the City Engineer and County Engineer shall attempt to reach consensus. If this is not successful, then the City Administrator and County Administrator shall attempt to reach consensus. If this is not successful then the dispute shall be settled in a court of law. b) Continuing major maintenance costs do not include regular or annual minor maintenance costs. Continuing major maintenance costs shall include items required for storm sewer system repair or replacement only, as required by the City Engineer following the completion of a formal needs assessment or study. These fees are to be calculated at such point when major maintenance is reasonably anticipated. If there are anticipated non-maintenance or non-regular replacement costs that may impact any of the identified storm sewer lines,the City and the County shall be required to negotiate those costs, if any, in a separate written agreement before any costs may be attributable to the County. The City shall inform the County upon planning and/or commencement of a study so that improvements can be programmed. c) The City may award its projects as permitted by Minnesota Statute and/or City Policies subject only to the final consent of the County only for the purposes of ensuring costs are within reasonable market parameters relating to any elements for which the County is requested to pay and which consent may not be unreasonably conditioned,withheld or delayed. Page 1 of 3 Page 131 of 144 2. Be additionally responsible for City incurred capital costs and which shall be shall be equivalent to the percentage of contributing flow for utilized infrastructure plus an additional 25 percent for any directly related engineering, legal and administrative costs. If actual costs for engineering and legal costs are available, the amounts shall be similarly prorated. Administrative costs shall always be one percent or$500 whichever is higher. a) There are no Capital Fees for this Project. b) Continuing major maintenance costs shall be paid in accordance with Item 1 above. c) Contributing Flows for this project are calculated as follows: L Existing city storm sewer system from County tie-in to Perro Pond outlet: 0.17%, as identified on Exhibits D1, D2, D3 and D4. 3. Provide to the City final "as-built" drawings and recons plans; in the format required by the City Engineer (electronic or otherwise)for all systems that connect directly or indirectly to the City's Infrastructure. 4. Ensure contributing flow may not exceed more than 5% of initially calculated flow — based on volume(s) and/or at greater rate than as calculated by the City Engineer. 5. Make no other connections unless approved by a separate agreement. IN TESTIMONY WHEREOF the parties have duly executed this agreement by their duly authorized officers. WASHINGTON COUNTY CITY OF OAK PARK HEIGHTS Chair Date Mayor, City of Oak Park Heights Date Board of Commissioners Molly O'Rourke Date Eric Johnson Date County Administrator City Administrator Approved as to form: Approved as to form: Assistant County Attorney Date City Attorney Date Page 2 of 3 Page 132 of 144 Exhibits to: City Utility Connection Cost Sharing Agreement Exhibit A Exhibit B See Attached Exhibit C Exhibits D1, D2, D3 and D4 Page 3 of 3 Page 133 of 144 RESOLUTION APPROVING COUNTY PROJECT(CSAH 26)WITHIN MUNICIPAL CORPORATE LIMITS OF THE CITY OF OAK PARK HEIGHTS WHEREAS, Construction Plans for State Aid Project No. 082-626-003, showing proposed grading, aggregate base, bituminous surfacing, storm sewer, signing, pavement marking, concrete curb & gutter, sidewalk, and ADA improvements along County State Aid Highway No. 26 from County State Aid Highway No. (Osgood Ave)to 350 feet west of Oxboro Avenue, located entirely within the limits of the City of Oak Park Heights as a State Aid Project have been prepared and presented to the City, and; NOW, THEREFORE, BE IT RESOLVED: That said Construction Plans are approved by the City. BE IT FURTHER RESOLVED that the approval of said plan does not constitute a commitment by the City to accept any particular costs related to said plan implementation and/or any maintenance of non-City owned facilities without separate written agreement. Dated this ,day of____________ 2016. CERTIFICATION State of Minnesota County of Washington City of Oak Park Heights I hereby certify that the foregoing Resolution is a true and correct copy of a resolution presented to and adopted by the City Council of Oak Park Heights at a meeting thereof held in the City of Oak Park Heights, Minnesota, on the day of , 2016,as disclosed by the records of said City in my possession. (Seal) Page 134 of 144 RESOLUTION RESOLUTION ESTABLISHING A NO ON-STREET PARKING ZONE ALONG A PORTION OF 60"'STREET NORTH(COUNTY STATE AID HIGHWAY 26)FROM OSGOOD AVENUE TO 350 FEET WEST OF OXBORO AVENUE NORTH WHEREAS,Washington County has planned improvements for 60th Street North(CSAH 26)from Osgood Avenue to 350 feet west of Oxboro Avenue in the City of Oak Park Heights;and WHEREAS,601 Street North has previously been designated as a County State Aid Highway; and WHEREAS, Washington County will be expending County State Aid Funds on the improvements on CSAH 26;and WHEREAS, these improvements do not provide adequate width for parking on both sides of the street; and approval of the proposed construction as a County State Aid street project must therefore be conditioned upon certain restrictions; WHEREAS,Washington County has determined that no on-street parking shall be allowed on 60t'Street North(CSAH 26)from Osgood Avenue to 350 feet west of Oxboro Avenue;and WHEREAS,The City Council has the additional authority to establish No Parking Zones and it has been requested by Washington County that the City establish these No Parking Zones; NOW,THEREFORE,BE IT RESOLVED,by the City Council that no on-street parking be allowed on 60t`Street North(CSAR 26)from Osgood Avenue to 350 feet west of Oxboro Avenue at all times. BE IT FURTHER RESOLVED THAT,the enforcement of such No Parking Areas outlined herein may also be performed by the Washington County Sheriff and that all markings and signage necessary to be installed shall be performed by Washington County and perpetually maintained by Washington County in proper and enforceable condition. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF OAK PARK HEIGHTS THIS 24th DAY OF May,2016. Mary McComber,Mayor Attest City Administrator Page 135 of 144 THIS PAGE IS INTENTIONALLY LEFT BLANK Page 136 of 144 ::6 :i. Oak Park Heights Request for Council Action Meeting Date: May 20,2016 Agenda Item Title Oak Park Crossing Trail Project—Consider Change Orders 1 &2 Time Required 5 Minutes Agenda Placement New Busine z// Originating Department/Re stor: o C' inistrator Requester's Signature Action Requested: Discussion Po ble Action. Background/Justification(Please dicate any previous action,financial implications including budget information and recommendati s). The City has two options to consider for trail extension. 1) 140'+/-at Oak Park Crossing Park to connect a link between to trails.This was not installed previously as the Park design was still being discussed.The Change Order#1 cost is$5,496.00 and STAFF would recommend that this goes in now as there is a clear trail gap.The Park Commission did specifically comment at its most recent walk through that it did desire to see this link installed. 2) 300'along the east side of Osgood Ave.This area is benefitted by an easement the City purchased from the Calvary Assembly and would be a link to the STH 36 trail ways and business areas.The Change Order#2 cost is$24,395.This could be delayed until such time as the property owned by McCullough is developed.The City easement right remains constant. All changes would also incur some addition inspection and engineering time.Funds would be from the Xcel Energy Commitments and or Park Dedication Funds. r m " w S . ,.. n -- i ^r ,, ,� Page 137 of 144 Eric Johnson From: Miller, Lucas <LucasJ.Miller@stantec.com> Sent: Friday, May 13,2016 4:28 PM To: Eric Johnson Cc: Andrew Kegley,Schwartzbauer, Kurt, Mann, Lee,Gravel, Phil Subject: FW: 193803362-OPH Oak Park Crossing Change Order#1 Attachments: 193803362 CO 1.pdf, 193803362 CO 1.xlsm Eric, Here is Schifsky's price for CO#1-completing the trail between club Lara and the Oak Park Crossing Playground. The prices are acceptable in my eyes. Do you agree? If you do, I will route for signatures. Regards, Lucas J.Miller Construction Manager Stantec 2335 Highway 36 West St. Paul MN 55113-3819 Phone: (651) 6044705 Cell: (612) 875-2430 Lucas.J.Miller@stantec.com 4b' ani The content of this email is the confidential property of Stantec and should not be copied,modified,retransmitted,or used for any purpose except with Stantec's written Whorizafion.If you are not the intended recipient,please delete all copies and notify us immediately. Please ocriidar 1,he enol:olmenY bafcrs p infrig this email. From:Josh Martin [mailto:JMartln@taschifsky.com] Sent: Friday, May 13, 2016 3:59 PM To: Miller, Lucas Subject: RE: 193803362-OPH Oak Park Crossing Change Order#1 Lucas, Here is the CO#1 form. I'm fine with using unit prices for everything and use something close to the percentage of mobilization and traffic control in the bid. Can you provide a similar form for CO 2? Thank you, Josh Martin I Project Manager/Estimator imartin@taschifsky.com I C: 651.600.5192 TA Schifsky&Sons, Inc. 2370 Highway 36 E I North St. Paul, MN 55109 0:651.777.1313 1 F: 651.777.7843 *This email,and any files transmitted with it is confidential and is intended soley for the addressee. Please delete this email in its entirety if received in error. 1 Page 138 of 144 From: Miller, Lucasfmailto:Lucas.J.Miller@stantec.coml Sent: Friday, May 06,201610:54 AM To:Josh Martin<JMartin@taschifsky.com> Cc: Mann, Lee<Lee.Mann@stantec.com>, Gravel, Phil<Phi LG ravel @sta ntec.com> Subject:193803362-OPH Oak Park Crossing Change Order#1 Josh, Please find the attached Change Order#1 documents. As we talked about over the phone,we are hoping to use the bid unit prices for the line items applicable but understand that the Mobilization and Traffic Control will. be different as they are Lump Sum. Please apply prices to the spreadsheet at your earliest convenience and return them to me. I will review and forward them to the City for Council review and approval. Regards, Lulres.r''.Miller Construction Manager Stantec 2333 Highway 36 West St.Paul MN 55113-3819 Phone: (651) 604-4705 Cell: (612)875-2430 Lucas.J.Miller@stantec.com (3 Stantec The content of this email is the confidential property of Stantec and should not be copied,modified,retransmitted,or used for any purpose except with Stantec's written authorization.If you are not the intended recipient,please delete all copies and notify us immediately. Please consider the environment before printing this email. 2 Page 139 of 144 y e� .E$E [fl� Z m n hi Q 3, 02 •ap rc _ a �< s F lip Page 140 of 144 �� - u N 1tE EROSION CONTROL LEGEND pill f r p PflIYYBIl MYOIOIXED �ii� (MIX3H1Q ��yy! /r Ev r NOTES: 1) THE ENTRE TRAIT.ROUTE 15 UNDERWN WITH GEOMEMBRAME t+ r „ APPROMMATELY 2-5 FEET BELOW THE SURFACE AND SHALL NOT O Q - J / BE DISTURBED. (I + 2) FIELD VERIFICATION IS RECOMMENDED AND GROUND m DISTURBANCE SHALL NOT PENETRATE MORE THAN 1.5 FEET z z WHICH EQUATES TO THE TOP OF THE DOTING SAID DRAINAGE O 2 I p LAYER COVERING THE GEOMEMBRANE. _ € °u Y � a� s a � og U O T h� / h\ h s gPl C2.02 Page 141 of 144 Eric Johnson From: Mann, Lee <Lee.Mann@stantec.com> Sent: Friday, May 20,2016 2:36 PM To: Eric Johnson Cc: Miller, Lucas;Gravel, Phil Subject: RE:Change order-Osgood Trail Attachments: 1374_001.pdf `aric, Attached is the proposal the contractor submitted for Change Order#2 to the Trail Project,for the Osgood Trail. The checked items (under the unit price column) correspond to items that are the some and have the some unit price as shown on the Change Order#l,which is for the extra length of trail by the main project. The other prices as shown are reasonable in our opinion, based on the location of the work, the relative complexity of the work and the quantities involved. In fact,there are couple unit prices that we would have not been surprised if they had been a little higher. The other day at the staff meeting I got the impression from your comments that the price was beyond what the City was willing to pay at this time. Let me know your thoughts. Lee Lee M.Mann, P.E. Principal Stantec 2335 Highway 36 West St. Paul MN 55113-3819 Phone: (651) 604-4850 Cell: (651) 775-5956 Lee.Mann@stantec.com 4 ¢:cab �C�C, celebrating 60 years of community,creativity,and client relationships. The content of this email is the confidential property of Stantec and should not be copied,modified,retransmitted,or used for any purpose except with Stantees written authorization.If you are not the intended recipient,please delete all copies and notify us immediately. ®Please consider the environment before printing this email. From: Eric Johnson [mailto:eajohnson@cityofoakparkheights.com] Sent: Friday, May 20, 2016 1:56 PM To: Mann, Lee Subject: Change order-Osgood Trail Did you have this data? And review? Eric Dr.Eric Johnson,AICP City Administrator 1 Page 142 of 144 Owner: City of Oak Park Heights,P.O.Box 2007,Stillwater,MN 55082 Date May 5.2016 ®stantec Contractor: T.A.Schifskv&Sons.Inc.,2370 HWY 36 E,North St.Paul,MN 55109 Bond Co: Bond No: CHANGE ORDER NO. 2 OAK PARK CROSSING TRAIL PROJECT STANTEC PROJECT NO. 193803362 Description of Work This Change Order provides for an additional 8'wide trail(approx.480 LF) and an ADA Pedestrian Ramp to be installed on the east side of Osgood Ave.from the north end of parcel#0402920110014 south to the comer of 58th St.See Attached Drawing (Exhibit B)for details. Contract Unit Total No. Item Unit Guaft Price Amount CHANGE ORDER NO.2 1 MOBILIZATION LS 1 1500.00 $1,500.00 2 TRAFFIC CONTROL LS 1 1500.00 $1,500.00 3 INLET PROTECTION EA 4 100.00 $400.00 4 SILT FENCE,TYPE MACHINE SLICED LF 450 2.70 $1,215,00 5 STREET SWEEPER WITH PICKUP BROOM HR 8 110.00 $880.00 6 PERMANENT HYDROSEED WITH MULCH (MIX 25- $945,00 141) SY 450 2.10 7 TOPSOIL BORROW(LV), CY 60 15.00, $900.00 8 COMMON EXCAVATION-TRAIL(P) CY 120 15.00 $1,800.00 9 GEOTEXTILE FABRIC TYPE V SY 500 1.25 $625.00 10 6"AGGREGATE BASE,CLASS 5, 100%CRUSHED SY 500 4.95 $2,475,00 11 3"TYPE SP 9.5 WEARING COURSE MIXTURE(2,B) $5,875.00 (P) SY 500 11.75 12 SAWING BITUMINOUS PAVEMENT AND $700.00 CONCRETE CURB AND GUTTER LF 175 4.00 13 REMOVE CONCRETE CURB AND GUTTER LF 25 4.00 $100.00 14 REMOVE BITUMINOUS PAVEMENT SY 225 4.00 $900,00 15 SALVAGE AND REINSTALL STREET SIGNS EA 5 100.00 $500,00 16 B618 CONCRETE CURB AND GUTTER LF 25 25.00 $625,00 17 CONCRETE PEDESTRIAN RAMP SF 230 10.50 $2,415.00 18 TRUNCATED DOME SURFACE SF 16 65.00 $1,040.00 TOTAL CHANGE ORDER NO. 2: $24,395.00 193803362 CO 2 Am Page 143 of 144 THIS PAGE IS INTENTIONALLY LEFT BLANK Page 144 of 144