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-41011 $ 11116611 SOSIIS see +.< . i "" "`• pl T A 7 Yi / ..); A , <7 -4/ / ; 4r 11" • • • • • • i 1 Enclosure II. Al • III OAK PARK HEIGHTS CITY COUNCIL REQUEST FOR COUNCIL ACTION COUNCIL MEETING DATE: January 27, 1998 DATE SUBMITTED: January 23, 1998 FROM: Janet Robert, Councilmember DOCUMENT DESCRIPTION: Rubber mats for outside Brekke and Cover Parks. BACKGROUND: I would like authorization to spend up to $2, 385. 45 to purchase 75 feet of matting for the sidewalks outside the Cover and Brekke Park Warming houses . These mats are necessary to prevent damage to ice skate blades outside the warming houses . The current mats, donated by NSP from their conveyor belts, are very slippery and we have had slipping accidents on them. (Jeff will be measuring the area to be covered; if we don' t need 75 feet, he will order by the linear foot.--mdm) COUNCIL ACTION REQUESTED: Approval of purchase of rubber mats for outside Brekke and Cover Parks. FINANCIAL IMPLICATIONS: These mats were not budgeted for last year or this year because we did not realize how expensive they would be and had hoped to get a grant from the VFW or the Eagles . This purchase will require a transfer of funds from the Capital Revolving Fund to the Park and Recreation Capital Outlay Fund. ADMINISTRATIVE COMMENTS: None. REVIEWED BY: (7;1°D . /- / X 2 , //471" / �T* CAISTRATOR ATE Fz AN&/DIRECTOR DATE / r CITY ATTORNEY DATE CITY ENGINEER DATE h • 4 61 R h f 4 t }�• s, M-6102 . x r Y 0L t Green, w`" • Black, or - - _ _ . ...., Browny M6102 #* .` ""` M-6101 . P 0.M-6101 RUBBER SPORTS RUNNER—SPIKE RESISTANT I ; / `Colf club areas,ski lodges,football locker rooms,golf carts,exercise rooms and skating rinks are just a few •,,-3.:„'''',4,;?;, ,,'-ii, j ;,I,.} 'a •,�'" a locations where this 3/16"thick rubber runner will not only protect your floors but provide excellent traction. , '.1.!,,,i'..;,,,-;:c--4-63N. '`!� _, t ,Rubber handles cold weather better than vinyl and has better resilience.Good for behind bars,hallways and ;,1-„,.. ...',.1,',;,,,,,,,,itp. .. "entryways. All-weather runner—can be used indoors or outdoors. Easy to clean—sound absorbent— '+, E (dimensionally stable—non-directional textured finish.From driving ranges to hockey arenas. . .this is an r : ...4 ,� excellent choice.May be cemented down with rubber contact ce ent.Color:Black. �. j Width 36"-$31.75/lin.ft. o $2 385.45/roll(approx.75'-2901bs.) 3 I No r-6-Io2'--VINYrrPORT RUNNER—WIDE RIBBED _ , , -.11 7 .e se anywhere you have baseball shoes,football cleats,golf shoes,mountain climbing shoes,or ice skates. - lso has good sound-absorbing qualities.Will extend the life of both your floors and your patrons'sports shoes. ;` M-6102 11-weather runner—easy to clean—long lasting—can be used in any area where spiked shoes are worn: {• pro shops,locker rooms,driving ranges,skating rinks,stadiums.Colors:Black,Brown,or Green.Width:36"; hickness:Ya". 27.85/lin.ft. $1,685.25/roll(75'-360 lbs.) R ` DON'T RUIN THE FLOORS FOR USE IN > GOLF PRO SHOPS•COUNTRY CLUBS No.M-6103 GYM FLOOR COVER SCHOOL GYMNASIUMS• SKI RESORTS '- Gymnasium floors cost a fortune and yet one has tousetheareasforassemblies,banquets,concerts, LOCKER ROOMS•WARMING ROOMS `• graduations and other special events.Vinyl runner - / ,= protects against chair legs, piano wheels, spike BASEBALL DUGOUTS•YOUTH CENTERS _ . heels,shoe taps,table legs,athletic equipment and "s "-' all the other things that can ruin an expensive gym ICE RINKS • EXERCISE ROOMS • .t"f floor realquick!Rolls down easyand protects your precious finished wood floors.Colors:Black,Brown, '- Terra Cotta,Green,or Gray.Sizes:36"or48"width. " Thickness 1/8 �� i' 36"x 105'Roll $ 865.75 48"x 105'Roll 1,135.45 - • p Caddy 395.50 ■Saves your expensive floors ; -'-r-- M-6101 •Easy roll down &roll up - ■Durable but lightweight w F 1 . ,...'.'., - '- . - ' i . - 4117. _ , TA 3 r -. �' �_ -4-_, tib � '.x," ..: :.e- ?.- d • -4,3 . 2,.:s;.a 4. ' li ', -�- 'a J' tea'•. �"= §s ''':1-t:;:', to --f-7 M6101 M6103 M6103 .-e.RTwz. - .�.`; ATTING \XIORLD NATIONWIDE TOLL FREE.. 1-800-257-8557 �BOX 1333,PLEASANTVILLE,N L 08232•t9)say.4747 FAX NO (609) 641-7766 , ....- _ _.._„,. , . , >, ...; .a �.. �= was,' .... ..._ .,. ....� ;. . . .n., .. . > „.4,-,,„,.,,.. ,,,..,-.„'„:„.,-,:.,4,„.. . ... . f • OAK PARK HEIGHTS CITY COUNCIL MINUTES, TUESDAY, JANUARY 13, 1998 7:00 P.M. AGENDA Call to Order: The meeting was called to order at 7 : 03 p.m. by Mayor Schaaf . Present : Councilmembers Beaudet, Robert, Swenson, and Turnquist . Staff Present : Interim Administrator Holst, City Attorney Vierling, City Planner Richards, City Engineer Anderlik, and Administrative Intern Mesko. I. Approval of Agenda: The following was changed on the agenda: 1) The presentation of 5 year pens to Police Officers Joe Croft and Paul Hoppe was added as Item 3 of Visitors; 2) Approval of $50, 000 payment and letter to Stillwater regarding the ice arena was added as Item 14 of the Consent Agenda; 3) the presentation by Carol Andrews of the MPCA was pulled from Item 1 of the Visitors Section; 4) the name of the new Parks Commission member, Margaret Schwartzbauer, was added to the 1998 Council Appointments, Item 13 of the Consent Agenda. Councilmember Turnquist, seconded by Swenson, moved to approve the agenda with changes. Carried 5-0 . II. Department Reports Police - Police Chief Swanson presented Officers Hoppe and Croft with Oak Park Heights pens in recognition of five years with the City. Mayor Schaaf thanked the two officers for their service to Oak Park Heights . 1 . Parks - Councilmember Robert said that Margaret Schwartzbauer is the newest member of the Parks Commission. Robert also said that she should have another member for the second vacant Parks Commission seat by the January 27 Council meeting. 2 . Cable - Councilmember Turnquist reported that there will be cable commission meeting next week. 3 . Water Management Organizations - Councilmember Beaudet said that the next WMO meeting is set for Thursday, March 12, 1998 at 7 : 00 p.m. at Bayport City Hall . Beaudet said that the WMO had approved their budget at the last meeting. He also reported that legislation for the reconstruction of the prison pond storm sewer system is still progressing. Mayor Schaaf thanked Councilmember Beaudet for all the work he has done on finding a solution for the Perro Pond storm sewer problem. 4 . Recycling Award - Administrative Intern Mesko awarded a $25 . 00 check to Michael and Pamela Meinert of 5735 Newberry Avenue for participating in the City' s recycling program on Thursday, January 8, 1998 . 5 . Oak Park Heights Business Group - The group will be meeting on Wednesday, January 14, 1998 in the Rainbow Foods training 411 Page 3 - City Council Minutes 12/09/97 do all they can to accommodate the request . Councilmember Robert said that she found the whole organization confusing, because there are several different branches that handle cable issues . Jack Doerr of the Valley Access Community Board was present to clarify that VAC does not tape governmental meetings; the cable commission does . Doerr also said that VAC cannot tape private meetings unless they are invited to do so. He then said that he would try to see if there was money in the budget to tape the BWAC meetings, which are not currently taped on a regular basis . Knutson and Doerr thanked the Council for allowing them to clarify some issues regarding VAC. Department Reports: Parks - Councilmember Robert said that Parks Superintendent Jeff Kellogg has interviewed and recommended the hiring of three attendants : John Sortedahl, Benjamin Ptacek, and Justin Blake. Brekke Park will have the same hours as last year; 3 : 00-9 : 00 P.M. weekdays and 9 : 00 A.M. -9 : 00 P.M. on weekends and school holidays . Cover Park will be staffed from 4 : 00-6 : 00 P.M. weekdays and 12 : 00-4 : 00 P.M. on weekends and school holidays . Councilmember Robert, seconded by Beaudet, moved to hire the three attendants as recommended by Jeff Kellogg. Carried 4-0 . Robert then said the hockey association will be using the ice at Cover Park from 6 : 00-9 : 00 P.M. on weekdays and on Saturday mornings. She requested that the City Attorney and City Administrator work out the details with the hockey association. Robert also said that the association will do some work at the park in the spring as a way to say "thank you" for being allowed to use the rink. Councilmember Robert, seconded by Swenson, moved to direct staff to work with the hockey association regarding allowing them to use the Cover Park hockey rink this winter. Carried 4-0 . Robert said that the Parks Commission has recommended that Renee Sorenson be allowed to conduct ice skating lessons at Brekke Park from 3 : 00-5 : 00 P.M. this winter. Councilmember Robert, seconded by Swenson, moved to allow Sorenson to use the ice during those times for ice skating lessons. Carried 4-0 . Robert then reported that there are two openings on the Park Commission and she requested that anyone interested in these positions should contact her, anyone on the Parks Commission, or City Hall . Cable - Nothing to report . Water Management Organizations - Councilmember Beaudet reported that the WMO will meet Thursday, January 8, 1998 at 7:00 p.m. at Bayport City Hall . Recycling Award - Administrative Intern Mesko reported that the recipients of a $25 . 00 check from the City of Oak Park Heights i r COUNCIL MEETING DATE: December 17, 1997 AGENDA ITEM CITY OF OAK PARK HEIGHTS REQUEST FOR COUNCIL ACTION Request Submitted: December 17, 1997 Requested By: Judy Holst, Interim Administrator ITEM/ACTION DESCRIPTION: Resolution establishing policies for the use of Cover Park Hockey Rink from December 1, 1997 through March 31, 1998 . BACKGROUND: Councilmember Robert has been working with the St, Croix Valley Hockey Association to allow the hockey association to use Cover Park this winter because it is not used much by the local residents . Flyers have been sent out to the Cover Park neighborhood soliciting feedback for this proposal, and there has not been negative reaction to allowing the hockey association to use the parkas long as there are some hours set aside for pleasure skating. A resolution has been drafted which allows the hockey association to use the park from 6 : 00-9 : 00 P.M. Monday-Friday and 9 : 00 A.M. - 12 : 00 noon Saturday-Sunday. City Public Works staff will continue to maintain the ice, and the hockey association will be responsible for any damage that occurs when they are using the rink. The rink will be staffed for pleasure skating from 4 : 00- 6 : 00 P.M. Monday -Friday and 12 :00 noon - 4 : 00 P.M. Saturday- Sunday. ACTION REQUESTED: Add resolution as Item 3 of Unfinished Business and approve. FINANCIAL IMPLICATIONS: None. ADMINISTRATIVE COMMENTS: Recommend approval . REVIEWED BY: Ci Ad nistrator Finance Director Page 3 - City letincil Minutes 10/14/97 • City Attorney Vierling told Kaine that the procedural action that the Council took is perfectly legal-and appropriate. Kaine then indicated his displeasure with the Council because he had been present at the initial public hearing to oppose the permit, yet the Council ultimately granted Stenfors the permit . There was some discussion about the conditions placed on the permit and the fact that the Council reserves the right to revoke the permit at any time should there be violations of the conditions . Vierling noted that the permit is subject to annual review. Councilmember Robert asked Vierling if people could make anonymous complaints . Vierling noted that any complaint could only remain anonymous until a decision was made whether or not to charge someone. Once that decision was made, either to charge, or, to not charge someone with a crime, then the complainant ' s name would become public. Department Reports: Police - Chief Swanson acknowledged the receipt of a $50 . 00 donation from Wal-Mart . He said the Police Department worked with Wal-Mart in a child fingerprinting project and that the $50 . 00 was to be used for future materials. Swanson then requested Council authorization to proceed with drafting an updated dog ordinance to address problems with } potentially dangerous dogs. Councilmember Robert, seconded by Swenson, moved to set a public hearing for Tuesday, October 28 at 7:30 p.m. to discuss a new dog ordinance. Carried 5-0 . Chief Swanson requested that the City consider establishing a on- street parking ban in the winter months to help with the street plowing. Councilmember Turnquist, seconded by Schaaf, moved to set a public hearing for Tuesday, October 28 at 7 :30 p.m. to discuss an ordinance establishing possible seasonal parking restrictions . Carried 5-0 . Parks -Councilmember Robert asked if the street lights at the MN/DOT bridge area will remain lighted, because several of them are burned out . Administrator Robertson said that the area should remain lighted in order to deter vandalism, but they do want to block off some of the streets that are not needed for access. Police Chief Swanson said that if the City wants Valley View Park to be plowed this winter, they will have to remove the posts which lock the gates . In that case, the park will have open access throughout the winter. Councilmember Robert said that issue would be put on the Parks Commission agenda for the meeting on October 21 . Councilmember Robert suggested flyers be distributed informing neighborhood residents of the Park Commission' s proposed plans Page 4 - City uncil Minutes 10/14/97 • for Cover Park hockey rink this winter. Council was in consensus that the City could hire some kids to distribute the flyers . Mayor Schaaf asked why the park bathrooms could not be opened during the fall and winter. Chief Swanson said that the restrooms are locked due the significant vandalism that occurs when they are not attended. Swanson also said that he would not support portable restrooms for that same reason. Administration - Administrator Robertson reported that Police Officer Paul Hoppe and his wife welcomed a son, Jacob, while Officer Kropidlowski and his wife celebrated the birth of a girl, Megan. The City wished both families heartfelt congratulations on their latest additions . Cable - Councilmember Turnquist said that the Cable Commission will be meeting on next Wednesday, October 15 at 8 : 00 p.m. at Bayport City Hall . The re-franchising survey has been completed and that the results are being tabulated. There will be a public hearing at 7 : 00 p.m. Turnquist encouraged additional input from residents, and urged attendance at the Commission meeting. Water Management Organizations - Councilmember Beaudet reported that the Middle St. Croix WMO will meet Thursday, November 13 at 7 : 00 p.m. at Bayport City Hall . Recycling Award - Administrative Intern Mesko reported that the recipient of a $25 . 00 check from the City of Oak Park Heights for participating in its recycling program is Phyllis Glampe of 14853 57th Street North. Oak Park Heights Business Group - Administrator Robertson said that the next meeting will be on November 5, 1997. The topic is tentatively planned to be the future of Oakgreen Avenue. Consent Agenda: 1. Approve Bills and Investments 2 . Approve Council Meeting Minutes - September 23, 1997 . 3 . Approve Special Council Meeting Minutes - September 30, 1997. 4 . Approve Special Council Meeting Minutes - October 7, 1997 . 5 . Approve Budget Amendment - Safe & Sober Grant Revenues . 6 . Approval of Authorization to Conduct Bingo by Lake Elmo VFW Post #5725 at Stillwater VFW Post #323 - November 9, 16, & 23 , 1997 . 7. Approve Jardine, Logan, & O'Brien bill - Junker Landfill Lawsuit . 8 . Approve Quantum Digital Imaging Center Bill - Copies of Traffic Analysis Report for Proposed St . Croix River Bridge - $33 .53 . r 411 LAW OFFICES OF Eckberg, Lammers, Briggs, Wolff & Vierling, P.L.L.P. 1835 Northwestern Avenue Lyle J. Lekberg Stillwater. Minnesota 55082 Susan D. Olson James F. Lammers (612) 439-2878 David K. Snyder Robert G. Briggs** FAX (612) 439-2923 Mark J. Vierling* Paul A. Wolff Gregory G. Gaper• (1944-1996) Thomas J. Weidner* Direct Dial (612) 351-2118 *Qualified Neutral Arbitrator&Mediator *Qualified Neutral Arbitrator *Certified Real Estate Specialist August 25, 1997 MR MICHAEL J ROBERTSON v Q E '! CITY ADMINISTRATOR yl I CITY OF OAK PARK HEIGHTS AUG 2 61997 :A P O BOX 2007 14168 57TH STREET NORTH OAK PARK HEIGHTS MN 55082 RE: Ownership Status - Swager Park and Cover Park Dear Mr. Robertson: I understand the Mayor has requested information as it affects the ability of the City of Oak Park Heights to sell its interest in and to either Cover or Swager park should it desire to do so in the future . For that purpose, we have conducted, upon you request, a review of the records in the office of the County Recorder. Cover Park is owned by the City of Oak Park Heights in fee having acquired same on May 10, 1968 from Independent School District 834 . The deed of conveyance provides that the property so conveyed to the City of Oak Park Heights by the School District is to be used for park, playground or recreational purposes "with reversion to the grantor, its successors, heirs or assigns, whenever said property ceases to be used for said purposes . " Consequently, it would be my opinion that the City' s ownership of Cover Park is subject to said reverter and not available for purposes of sale by the City, even should the City desire to do so. As it affects Swager Park, the City' s ownership therein is registered and reflected within Certificate of Title No. 15619 in the office of the Registrar of Titles in and for Washington County, Minnesota. The City' s ownership of Tract F of Registered Land Survey No. 76 as contained within said Certificate of Title, specifically provides that the City's ownership is "for use of public park and or public utilities" . MR MICHAEL J ROBERTSON Page Two August 25, 1997 We are still in process in terms of attempting to locate the original deed of conveyance, but it would appear that there is a restrictive provision within the City' s ownership • , the use of Tract F that requires it to be put to public u. -nd - = that is the case, the same may also be considered to b- of av- ' able for sale. Yours v-r - uly, Ma J. Vierling MJV/smp cc : Mayor David D. Schaaf • Northwest Associated tonsultants , Inc . AC COMMUNITY PLANNING • DESIGN • MARKET RESEARCH • 2 n MEn / MORANDUM © L L JUN 121997 TO: Mike Robertson I`1 FROM: Scott Richards DATE: Oak Park Heights - Park Dedication/Annexation Area Park FILE NO: 798.02 - 95.12 BACKGROUND Due to quickly escalating land costs within the area annexed to the City in 1991, the issue of whether to update park dedication fees has been raised by Council members. The existing fee system is consistent with many older communities in the Metropolitan Area which are not • experiencing growth and rising land costs. Many of the developing communities our office represents both within and outside the limits of the Metropolitan Urban Service Area (MUSA) are addressing the issue of park dedication fees as the costs of building park and trail systems increase. The issue is further compounded by the U.S. Supreme Court decision on Doland V_ City of Tigard which establishes the precedent that a governmental taking must be roughly proportional to the legitimate governmental interest. In order to address these issues, the City of Oak Park Heights must examine the costs of developing the park system in the annexation area versus the anticipated land/cash dedication from future development in this area. Park fees must make up a reasonable proportional cost of developing a park system. If the park land/cash dedication from an area exceeds the total cost of investment in the park system for the locale then the issue of a "taking" without fair return becomes a concern. Park and trail fees from other developing communities are also presented here for comparison purposes. Attached for reference: Exhibit A - Updated Cost Estimate for Annexation Area Park Exhibit B - Annexation Area/Park Plan Map Exhibit C - Memo - Dolan V. Tigard - Impacts for Municipalities Exhibit D - Park Dedication Comparative Analysis • 5775 Wayzata Blvd. • Suite 555 • St. Louis Park, MN 55416 • (612) 595-9636•Fax. 595-9837 • • CAPITAL IMPROVEMENT COSTS - ANNEXATION AREA PARK in 1994 for the annexation area park. The numbers • A preliminary estimate of costs was calculated have been slightly revised and updated as found in Exhibit A. The total cost of the annexation area park as currently configured is $1,815,120 of which $1,045,445 is credited to land costs estimated at$43,560 per acre. It is assumed that land dedication will be required of Elmer Haase for the residential property south of 58th Street. That land dedication would consist of 7.46 acres with a value (again based upon a value of$43,560) of $324,522. PROJECTED PARK DEVELOPMENT REVENUES Existing Park Dedication Requirements The current park dedication requirements from the Oak Park Heights Subdivision ordinance are :as follows: 402.08 Park Land Dedication Requirements Subd. I. In residential plats one acre of land shall be conveyed to the City as an outlot by warranty deed for every seventy-five (75) people the platted land could house based upon the following population calculations: Single Family Detached Dwelling Lots 3.5 persons Two-Family Dwelling Lots 6.0 persons Apartments, Townhouses, Condominium and Other Dwelling Units 1 person per bedroom Subd. J. In lieu of a park land donation, the City may require the following cash donations: Single Family Detached Dwelling Lots $450.00 Two-Family Dwelling Lots $800.00 Apartments, Townhouses, Condominiums $250.00 per unit plus and Other Dwelling Units $ 85.00 per bedroom above the first bedroom of each unit Commercial and Industrial $1,750.00 per acre - pro-rated 2 • i Depending upon the density of development, the current park dedication formula results in a yield • of approximately 8 to 10 percent of the total acreage which is in line or slightly below most of the communities that were surveyed. The cash dedication yields a proportionately lesser amount. In a 40 acre parcel with a development of 75 lots, the land dedication would be 3.5 acres which has a current value of $152,450. If cash were required under the current formula, the dedication would be $33,750. Park Dedication Yields To determine the overall park dedication yield from the annexation area, a review of the cash. dedication that has been received and the cash and land to be dedicated is as follows: Cash • Cash Dedication Received: River Hills $24,750.00 WalMart $36,750.00 Brackey $98,735.00 Applebees/Haase $25,795.00 Subtotal $186,030.00 Cash Dedication Potential: Kern - 40 acres (commercial) 40 x $1,750.00 = $70,000.00 Haase - 30 acres (commercial) 30 x $1,750.00 = $52,500.00 Other- 5.5 acres (residential) 10 lots x $450.00 = $ 4,500.00 Subtotal $127,000.00 TOTAL CASH DEDICATION $313,030.00 Land Haase - South of 58th - 7.46 Acres Cash Value at $43,560 per Acre $324,958.00 TOTAL DEDICATION FROM ANNEXATION AREA (IN CASH) $637,988.00 • 3 • • The significant shortfall in the potential costs of an annexation area park ($1,815,120.00) vs. the yield from park dedication ($637,988.00) indicates that at least one or a combination of the 5 following steps must be taken: 1. Scale back the annexation area park plan. 2. Extend the time over which the program is to be implemented. 3. Seek to maximize park revenues through fee structures, grants and other sources. 4. Develop the park in conjunction with an elementary school. COST DISTRIBUTION It is expected that the cost of the park would not be funded by park dedication alone. The' assumption is that over time 15% of the development funds will be from grants, 25% from the :general fund or special fmancing, 10% from private contributions or volunteer labor, with the remaining 50% from park dedication. The cost distribution would be as follows: Total Park Cost $1,815,120 Grants 15% $272,268 General Fund 25% $453,780 Private Contributions 10% $181,512 Park Dedication 50% $907,560 Actual park dedication anticipated from the annexation area is estimated at $637,988, resulting in a shortfall of$269,572 from what will be required from this funding source. To make up the shortfall, the dedication structure within the Subdivision Regulations would need to be altered, but not exceed a level that is deemed appropriate for dedication purposes. Ten percent of the property has been determined as the amount of land necessary to reasonably provide park facilities for residential development. To comply with the Doland ruling, the City would still utilize the formula method which individualizes the percent for each development based upon overall density. The current schedule allows for a land dedication of .088 percent from the Haase property south of 58th Street. Revising the formula to a minimum of 10% would increase the dedication to 8.46 acres for an additional value of$43,995. To raise the cash dedication to a level equal to a 10% land dedication, a fee of$2,178 would need to be paid per lot. A cash dedication fee at that level would likely be difficult to implement at this time. Most communities' cash dedication fees do not equal the value of the land dedication. This is acceptable based on the rationale that residents living in a development adjacent to park land would be in closer proximity and benefit greater than those residents in developments that need to walk/ride a greater distance to use the facility. An adjustment to the cash fee would be acceptable to reach a level consistent with other developing communities. For instance, raising the fee to $900 per unit would increase the park dedication revenue total approximately $4,500 for the annexation area. 4 • • Cash dedication amounts for commercial and industrial property should also be increased to • account for rising land values. Many communities do not charge commercial and industrial development park dedication fees, but supporters of this type of fee argue that business generates demand on parks due to league play or utilization of employees during breaks or at other times. Raising the fee to $3,000 per acre would raise an additional $87,500 for the annexation area park. Justification for raising the land/cash dedication amounts exists, but not to a level that would reach 50% of the total park costs. The shortfall with the revised fee schedule would amount to approximately $133,500. Other funding sources or a reduction in the park facilities would need to be considered. COMPARISON OF PARK FEES • A comparison of fees for other developing communities has been provided in Exhibit D for review in conjunction with this study. The fee schedules of other communities are being provided only for comparison and not as the basis for establishing a revised fee schedule. TRAIL FEES The City of Oak Park Heights has not in the past charged a separate trail fee as a part of the park • dedication process. Of the communities surveyed, only Eagan has a separate trail dedication requirement. The cost to build a trail adjacent to the front or rear of residential lost in Oak Park Heights is as follows: Construction • 80 foot lot @ $15/LF = $1,200 100 foot lot @ $15/LF = $1,500 Land Cost Trails will be within parkland or roadway right-of-way in the Annexation Area. Eagan's requirement for cash contributions of$105 per residential dwelling unit and $880 per acre for commercial, industrial and public facilities covers only a fraction of the cost of building trail facilities. Our office will need to review this issue further and examine other trail fee examples to make a specific recommendation for Oak Park Heights. • 5 1110 • CONCLUSION/RECOMMENDATION Based upon the analysis provided above, our office would recommend increasing the park dedication requirements/fees as follows: Residential Land Dedication. The formula in the current regulations be revised to provide at least 10% of the gross land area that is being subdivided. The formula method will individualize each development proposal based upon the density proposed to comply with. the Doland ruling. Cash Dedication. $900 per unit for all types of residential units. -Commercial/Industrial Dedication $3,000 per acre with no specific land requirements. The City Council should review the information presented, schedule a public hearing to revise the subdivision regulations, or allow the Park board to review the issue first and make a specific recommendation. Additionally, if the Council would like additional information on park dedication, in particular what other communities have established, our office could do more • research on this topic. We do intend to review the issue of trail fees/dedication further and provide a specific recommendation if requested by the Council. pc: Mayor and City Council Mark Vierling Joe Anderlik 6 • S • • City of Oak Park Heights Cost Estimate for Park/Playground Facilities Based Upon Approved Annexation Area Park Layout Unit Est. Item Description Price Qty. Cost Baseball/Softball (per field) : , Strip & stockpile topsoil $ 500/LS 1 $ 500 Rough/fine grading, spread topsoil 5, 000/LS 1 5, 000 Limestone Infield, 4" deep 4,200/EA 1 4,200 , Outfield, seeded 1, 600/AC 1.4 2,240 Infield, sodded 1.80/SY 400 720 Backstops, 30 ' wide back, 10 ' wings, hooded, 4 ' overhang, chain link 4, 500/EA 1 4, 500 Fencing, 1,400 linear feet per field, 9 .00/LF 1400 12, 600 4 ' high $29,760 Soccer (per field) : Strip/stockpile topsoil 500/LS 1 500 Rough/fine grade, spread topsoil 5, 000/LS 1 5, 000 410 Seeded 1, 600/AC 3 . 8 6, 080 Sodded 1.80/SY Goal Nets 2, 000/PR 1 2, 000 $13,580 • Football (per field) : Strip/stockpile topsoil 500/LS 1 500 Rough/fine grading, spread topsoil 5, 000/LS 1 5, 000 Seeded 1, 600/AC 3 . 8 6, 080 Sodded 1.80/SY - - Goal Posts 3, 000/PR 1 3, 000 $14,580 Basketball (per full court) : Rough/fine grading, asphaltic concrete, hoops/poles, color finish $13,500 Tennis (per court) : Rough/fine grading, asphaltic concrete, net and posts, color finish 3 54, 000 Periphery Fence, 360 linear feet, 10-12 ' high, 9 gauge 16. 00/LF 3 17,280 $71,280 • 1 EXHIBIT A (3 PAGES) 411 • Freeskate/Hockey: Grading and Finish 5, 000 , 1 Hockey Boards 5, 000 $10,000 Picnic Tables/Shelters: Picnic Table, 8 ' pine w/metal legs 300/EA 6 1, 800 6 ' metal coated 400/EA * Picnic Shelter, single, pine/metal, 8 ' 2, 500/EA * Picnic Shelter, 15x24, wood/shingles 6, 000/EA 1 6, 000 Picnic Shelter, 28x34, metal 8, 000/EA * $7, 800 Playground Equipment: Modular Tot Play Structure, 8x17, 20x30 protective area, 16-18 kids 7, 000/EA 1 7, 000 Deluxe Modular Play Structure, 24x30, 37x42 protective area, 25-30 kids 14, 000/EA 1 14, 000 Spring Toys 400/EA * See Saw 900/EA * Swingset, standard metal, 4 seats 700/EA * Slide, metal, 70" 1, 000/EA * Swing, adult bench 600/EA * $21, 000 Seating: Bench, backless, wood, 8 ' 350/EA 6 2, 100 411 Bench w/back, 6' metal 520/EA * Player benches, 14 ' metal w/back 400/EA 2 800 Player benches, 14 ' w/out back 250/EA * Bleachers, 5 rows @ 15 feet, wood/metal 1, 000/EA 2 2, 000 $4,900 Support Elements: Bike Rack, 10 ' wood & metal (14 bike cap. ) 350/EA 1 350 Trash Receptacle w/lid (metal or wood) 200/EA 10 2, 000 Water Fountain, metal ground mounted 1, 130/EA 1 1, 130 Grills, black metal 140/EA 5 700 Fencing, 1, 700 linear feet, 9 gauge (along residential lots) * 4 ' high, $9 linear foot * 6 ' high, $12/linear foot 20,400 $24, 580 Trails, approximately 10, 000 linear feet: 6, 000 linear feet bituminous paved, 8 foot width, 3" asphalt on 4" gravel base 15/LF 90, 000 4, 000 linear feet crushed limestone paved, 8 foot width, 4" deep 6 .50/LF 26, 000 $116,000 2 411 i • • Parking Lot: Paving, 60 stalls, 24, 000 sf, 3" finish layer w/ 4" asphaltic base and gravel subgrade 1.35/SF 32, 400 Curbing, 6x18 concrete, 1000 linear feet 7.00/LF 7, 000 Striping, 4" wide .20/LF 1, 500 300 $39,700 Structures: Restroom, storage, warming house building, picnic shelter, 50x75 wood construction 65/SF 3 , 800 247, 000, Footbridges, steel arch type w/ wood deck, 8 feet wide, 60 ' span 50/SF 480 24, 000 , 80 ' span 50/SF 640 32, 000 Landscaping, Signage, and Lighting: (Estimated High Total) *$100,000 Subtotal - Park Facilities/Improvements $769, 680 Land Cost: East Area 16 Acres $43 ,560/Acre 696, 960 West Area 8 Acres $43, 560/Acre 348,480 • Wetlands 11 Acres 0 0 Subtotal - Land $1,045,440 TOTAL $1, 815, 120 * Indicates options, types or quantities of items which are currently unknown which will vary depending upon what is chosen by the Park Board/City 111 3 • • • . 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I • NIMMINV 2 '. i 71 : \\.'• •?...... ..\\* .. i . : -s- lin g ,, .. _._ 0 , 2, N :.... ..,...„...,.., .,"..,. ,4,;..... t. / 1 trisf.":"'C... -NOM It jir 0 . ( .... 03 ,_ . .... .. .... . .... • _, 1-c--,1 In ii . ., I I • �t IT I : : . 1I1 I ,1 •''�' It liN ,11i W ��t �1l • I � 1 -1 1� 1 1 1 1� FKC • • . Northwest Associated Consultants , Inc . COMMUNITY PLANNING • DESIGN • MARKET RESEARCH • MEMORANDUM TO: Oak Park Heights Mayor and City Council FROM: Stephen Grittman/Scott Richards DATE: 24 August 1995 RE: Administration - Dolan v Tigard - Impacts for Municipalities • FILE NO: 801 BACKGROUND In June of 1994, the U.S. Supreme Court decided Dolan V City of Tigard. As you may know, • Dolan was a case in which a landowner (Dolan) was required to dedicate a floodplain area and a bike/pedestrian trail easement as condition of development approval on her lot, in this case, the reconstruction of a new and larger hardware store. She contested the exactions, claiming that the dedications were unconstitutional takings without compensation. The Supreme Court agreed that the takings were legal, that is, that the governmental purpose was a legitimate one. The Court focussed instead on the amount of taking as compared to the impact created by the development on the lot in question. In a previous case, Nollan v Cal Coastal Commission, the Court established the rule that there must be an essential nexus between the taking and the "legitimate governmental purpose". Thus, California's exaction of a beachfront walking easement was not reasonably related to its professed purpose of "increased visual access to the ocean", even though that purpose was legitimate. In Dolan, the issue became: Are the exactions reasonably related in degree to the legitimate governmental purpose, and especially those exactions which deprive a property owner of "the right to exclude others", such as t a}1 easements? The majority of the Court ruled 5-4 that they were not in this case. They established a new rule that a governmental taking must be "roughly proportional" (as opposed to merely related, or exactly proportional) to the legitimate governmental interest. Many development interests have considered Dolan to be a major victory with regard to property • rights. This may be true with regard to theory. However, it would seem that the real-world impacts may be less dramatic than advertised. EXHIBIT C (4 PAGES) 5775 Wayzata Blvd. • Suite 555 • St. Louis Park, MN 55416 • (612) 595-9636•Fax. 595-9837 • • IMPACTS IN MINNESOTA • There appear to be two primary upshots of this ruling for municipalities in Minnesota: 1) Cities must make individualized determinations as to the project impacts in relation to the level of dedications and other exactions required. Since most cities make these requirements at subdivision approval stage, this is where the determination of "rough proportionality" must be done; 2) The burden is now on the City to show that the exaction is roughly proportional to the proposed project's impacts. Formerly, there was a presumption that the City's exaction requirement was legitimate. The developer challenging the City's exaction was burdened with showing that it was either not a legitimate purpose, or there was no essential nexus. The technical application of this new rule is that when a plat proposal comes in, the City's response would be to analyze its impacts, determine what dedications are required, then show the developer that the project impacts are roughly proportional to the dedications to be required. If the City cannot do this, it would presumably have to pay for the excess taking. [See comment below as to"Practical Effects"] As noted, the net impact for the City is that any development exaction which goes beyond that necessary to accommodate the development itself will have to be purchased. This includes street rights-of-way, utility easements, area-wide ponding, park dedications, etc. This will almost always be in cases of exactions for regional facilities, such as collector roads, sewer trunk line easements which are wider than that necessary for a smaller lateral, or a park which is sized and intended for service to portions of the City not a part of the proposed development. PRACTICAL EFFECTS There are a few things Cities apparently must do in order to comply with the Dolan ruling: • Eliminate language in the park dedication sections of the Subdivision Ordinance which prescribes a specific percentage land dedication. The previous Minnesota Court of Appeals decision which resulted in a presumption that a 10% park dedication was reasonable is overruled to the extent that it would endorse a blanket requirement. The determination must be individualized to the project being proposed. • Park dedication requirements may be "easy" to calculate for residential projects, due to available national standards for park requirements. However, for cities which also assess a park dedication fee for commercial development, the calculation will be more difficult. Somehow, it will have to be established that the business places a quantifiable demand on the recreation facilities through league play, etc. 2 • • • • Although it is less clear, cities should assess and collect any dedication fees at the time of • subdivision approval, and tie their payment to some recordable document such as a development agreement. In the event that the City does not wish to require full collection of the fees at the time of platting, the charges should definitely be recorded through a development agreement. If a City cannot point to a previous agreement to pay a park dedication fee, presumably based on some sort of study, a subsequent buyer/builder may be able to challenge the fee, requiring a new study for that particular building. There are a few things which Cities may (or should) do, as well: • Some people familiar with Minnesota law believe that it will be plausible to aggregate the effects of local development in determining the need for area-wide dedications. This theory assumes that one area will dedicate the parkland, a second will dedicate the collector street ROW, and another will dedicate the ponding area, for example. In aggregate, the dedications are "roughly proportional". If such aggregation were to occur, it would seem most likely under the process described in the next paragraph. • The bottom-line impact would seem more likely to be the following scenario: A developer will come to the City to propose a project. If the City has done a thorough job of Comprehensive Planning for all of its infrastructure requirements, such as collector/ arterial streets, trunk water and sewer, stormwater control systems, and parks, the City will say to the developer: "We think that the dedications for your project, based on our Comprehensive Plan, are roughly proportional to your project impacts. If you design your project to accommodate them, you will be able to get a preliminary plat request on the Planning Commission agenda in two or three weeks. If, on the other hand, you would like us to do a more individualized study, we will, per our responsibility under Dolan. • However, it is going to take us at least 60 days, and you will have to agree to escrow for the cost of our consultants (just as many cities do now for §429 feasibility studies)." In this scenario, the City needs to make sure that its Comprehensive Plan is complete with regard to the infrastructure dedications it will want to require, including Park and Trail locations, sizes, and service areas. The vast majority of developers are not likely to embrace the idea of the cost or the wait, and will agree to abide by the City's Comprehensive Plan. This assumes that the Plan is clear, reasonable, and is complete with regard to all of the exactions the City will want to require. If the Plan is not complete, then at least one individualized study will have to be done anyway, in which case the developer may choose to require all of them. It is assumed that with individualized studies, the City will have a difficult time showing rough proportionality in all cases, and will have to buy some of its easement acquisition formerly gained through dedication requirements. • 3 • • This latter approach would seem to be better for both the City and the developer. The developer would not be held up, nor have to assume the costs of an uncertain study, and the City would not • have to end up purchasing easements and rights-of-way which previously were dedicated as a part of the platting process. The City has two options under the Dolan rule: (1) The City may proceed under their current Comprehensive Plan, and conduct the individualized studies as each development proposal comes in. As noted above, this process may be more expensive and time consuming than previous plat approvals. To the, extent that developers are dissatisfied with this impact, it may tend to discourage development activity. • (2) The City may update the various sections of its Comprehensive Plan which may result in • a physical or regulatory taking. For most communities, this may mean some general tinkering with the utility, stormwater control, and transportation plans, and major work in the areas of parks and trails. In either of these cases (but especially the latter), the City should consider the use of Development Agreements much more routinely where exactions are made. In this way, exactions which are actually collected later than the filing of the final plat will be of record, and the property owner will have notice of them. • pc: Mike Robertson 4 • • • City of Oak Park Heights - Park Dedication Analysis • Metropolitan Area Comparison August 15, 1995 City/ Residential - Land Residential - Cash Commercial Industrial Township Dedication Dedication Dedication Dedication Afton 10% of gross land area $2000/residential $1500/acre (there $1500/acre (there being subdivided dwelling unit are no land are no land requirements) requirements) Baytown $300/lot $300/lot $300/lot $300/lot Township Buffalo One acre of land for $800/unit for single None None every 75 persons the family lots, platted land could $800/unit for two- house based upon 3.5 family lots, and persons per single $400/unit for family lot, 6 persons multiple family per two-family lot, and dwellings 1 person per bedroom of multiple family units • Eagan The City has adopted a $875 per single Land up to 7.5% Land up to 7.5% general standard of 15 family unit, $791 of net land area or of net land area or *See foot- acres of land that is per duplex unit, .65 cents per .65 cents per note and needed for every 1000 $723 per square foot/$2831 square foot/$2831 attached residents, of which 12 townhouse or quad per acre of net per acre of net copy of acres shall be unit, and$726 per land area. A land area. A subdivision designated as park. apartment or credit of up to credit of up to ordinance multiple family unit. 25% of the 25% of the section. 0-1.9 units/ac=8% required required This comm- >1.9 units/ac=10% dedication may be dedication may be unity has a >3.5 units/ac=12% allowed by the allowed by the very detailed >5.9 units/ac=14% City Council for City Council for park and Add .5% for each unit stormwater stormwater trail dedica- over 10 control facilities. control facilities. tion process. Eden Up to 10% of $945/unit for all Up to 10% of the Up to 10% of the Prairie subdivision area residential units subdivision land subdivision land area or$3410 per area or$3410 per acre cash acre cash contribution contribution • EXHIBIT D (9 PAGES) • • Page Two, City of Oak Park Heights - Park Dedication Analysis 15 August 1995 . Lakeville <2.5 units/ac=10% Single and Multiple 5% of gross 5% of gross 2.5-4 units/ac=11% Family= $650 per land area or 5% land area or 5% 4-6 units/ac=13% dwelling unit of current market of current market 6-8 units/ac=15% value of value of 8-10 units/ac=17% unimproved land unimproved land 10+units/ac=17-20% as determined by as determined by the County the County Assessor Assessor Minne- Reasonable portion of $400/unit for single 10% of gross land 10% of gross land tonka gross land area being family, $300/unit area or 10 cents area or 20 cents subdivided, but not for townhomes & per square foot of per square foot of less than 10 percent duplexes, $250/unit building area building area for apartments Stillwater 7% of gross land area 10% of County None None Township Assessor's unimproved value of property White Bear 10% of gross land area $500/unit for single 10% of gross land 10% of gross land 411) Lake family, $1000/lot area or 7% of area or 7% of for two-family lots, land value or land value or and $325/unit plus $2500/acre $2500/acre $75/bedroom (2+) for apartments and other mult. family Woodbury A reasonable portion A cash amount Same as for Same as for in compliance with equivalent to the residential uses residential uses comprehensive plan, amount of land determined on a case- required, by-case basis determined on a case-by-case basis * Eagan is the only community that has a separate trail dedication requirement in addition to the above outlined park dedication requirement. If land is identified within the City's Trail Plan as a trail route, then land will be required, either as the sole means of dedication or in combination with a cash dedication (the land dedication must be equal to or greater than the cash requirement). Cash contributions are$105 per residential dwelling unit and $880 per acre for commercial, industrial and public facilities. • ERGhN FIRE LEPT . TEL :612-681-4777 Hug 14 ' 3 1U : 2 No .UU1 r . u4 • • CITY OF EAGAN • TRAIL DEDICATION 1995 POLICY ADOPTING STANDARDS AND GUIDELINES FOR DETERMINING THAT PORTION OF LAND BEING PLATTED,SUBDIVIDED OR DEVELOPED WHICH IS TO BE CONVEYED OR DEDICATED TO THE PUBLIC FOR TRAIL PURPOSES OR WITH RESPECT TO WHICH CASH IS TO BE CONTRIBUTED TO THE CITY IN LIEU OF SUCH CONVEYANCE OR DEDICATION, ALL AS PROVIDED BY SECTION 13.20 OF THE CITY CODE. 1. PURPOSE The City Council recognizes that in the best interest of the health, safety and welfare of the residents of Eagan, a standard be adopted to complete the Park Trail as set forth in the Eagan Comprehensive Guide Plan. The Eagan trail system is designed to provide links between the various points of interest and public facilities which exist and are planned within the community. To more adequately assure the timeliness and priority.of the completion of segments of the trail system, the Council has resolved that as a prerequisite to plat approval, subdividers shall dedicate land for trails and/or shall make cash contributions to the City's park trail fund as provided by this section. • 2. TRAIL LAND DEDICATION REQUIR€MENTS A. Land to be dedicated shall be reasonably suited for its intended use and shall be at a location identified upon the City of Eagan's Trail Plan. B. The Advisory Parks, Recreation and Natural Resources Commission shall recommend to the City Council the trail land dedication and/or cash contribution requirements for proposed subdivision. C. Changes in density of plats shall be reviewed by the Advisory Parks, Recreation and Natural Resources Commission for reconsideration of trail land dedication and cash contribution requirements. D. When a proposed trail has been indicated in the City's official map or Comprehensive Plan, and it is located in whole or in part within the proposed plat, it shall be designated as such on the plat and shall be dedicated to the City of Eagan. If the subdivider elects not to dedicate an area in excess of the land required hereinunder for such a proposed trail, the City may consider acquiring the trail land through purchase or condemnation. E. Land area conveyed or dedicated to the City shall not be used in calculated density requirements of the City zoning ordinance. • ERGFiN FIRE DEPT . TEL :612-681-4777 Pug 14 '95 10 :43 No .001 P . 03 • 1995 Trail Dedication Page 2 • 3. CASH DEDICATION A. In lieu of trail land dedication as set forth on the City's Trail Plan, the City may require the following case donations: Residential Dwelling Units $105.00 per dwelling unit Commercial/Industrial/ Public Facility $880.00 per acre B. The City may elect to receive a combination of cash and land for trail use. The fair market value of the land the"City requires for its trail system shall be subtracted from the cash contribution requirement set forth in paragraph 3(a). • The remainder shall be a cash contribution requirement. _ C. The fair market value shall be determined as of the time of preliminary plat approval in accordance with the following: 1 . The City and the developer may agree as to the fair market value; or 2. The fair market value may be based upon a current appraisal submitted to the City by the subdivider at the subdivider's expense. The appraisal • shall be made by appraisers who are approved members of the MAI or equivalent real estate appraisal societies. 3. If the City disputes such appraisal, the City may, at the subdividers expense,obtain a second appraisal of the property by an appraiser who is a member of the MAI or equivalent real estate appraisal societies. The second appraisal shall be conclusive evidence of the fair market value of the land. D. Planned Developments with mixed land uses shall make cash and/or trail land contributions in accordance with this section based upon the percentage of land devoted to the various uses. E. Cash for trail contributors are to be calculated at the time of final plat approval. With respect to a cash dedication for residential units, payment shall be required prior to the City releasing the final plat for recording • purposes. With respect to commercial/industrial/public facility property, payment for the cash dedication shall be made at the time of the application for the building permit. F. Cash contributions for the trail dedication shall be deposited in the City's Park and Recreation Trail Development Fund and shall only be used •for trail planning, acquisition or development. PROCEDURES93TRA fOfD ERGfiN FIRE DEPT . TEL :612-681-4??? Rug 14 ' 5 i0 :46 No .UUI r U-+ ' . . CITY OF EAGAN O PARK DEDICATION POLICY 1995 POLICY ADOPTING STANDARDS AND GUIDELINES FOR DETERMINING THAT PORTION OF LAND BEING PLATTED, SUBDIVIDED OR DEVELOPED WHICH IS TO BE CONTRIBUTED TO THE CITY IN LIES OF SUCH CONVEYANCE OR DEDICATION, ALL AS PROVIDED BY SECTION 13.20 OF THE CITY CODE. • • 1. PURPOSE: The City Council recognizes it is essential to the health, safety and welfare of the residents of Eagan and persons working in Eagan, that the character and quality of the environment be considered to be of major importance in the planning and development of the city. In this regard the manner in which land is developed and used is of high priority. The preservation of land for park, playground and public open space purposes as it relates to the use and development of land for residential, commercial/industrial purposes is essential to the maintaining of a healthful and desirable environment for all citizens of the City. The City must not only provide these necessary amenities for our citizens today, but also be insightful to the needs of our future citizens. • It is recognized by the City Council that the demand for park, playground and public open space within a municipality is directly related to the density and intensity of development permitted and allowed within any given area. Urban type developments mean greater numbers of people and higher demands for park, playground and public open space. To disregard this principle is to inevitably over-tax existing facilities and thus, diminish the quality of the environment for all. The City's Park Systems Plan Study has established minimum community criteria for meeting the needs of the residents of Eagan. In order to meet the community needs for parks and open space, 15 acres of park shall be required for each 1,000 residents of which 12 acres shall be designated as neighborhood parks. This shall be the standard upon which the City shall establish its parkland and parks cash dedication. It is the policy of Eagan that the following standards and guidelines for the dedication of land for park, playground, and public open space purposes (or cash contributions in lieu of such dedication) in the subdividing and developing of land within the city shall be directly related to the density and intensity of each subdivision and development. EAGAN FIRE DEPT . TEL :612-681-4777 Rug 14 '95 10 :44 No .001 P .05 • 1995 Parks Dedication Page 2 • 2. RESIDENTIAL PARKLAND DEDICATION The amount of land to be dedicated by a developer shall be based on the gross area of the proposed subdivision, proposed type of dwelling unit and density. Census data for 1985 of 3.5 residents for single family, 2.8 for duplex, 2.1 for townhouse/quad. and 1.9 for apartments has been used as density standards for formulating calculations in meeting the criteria of park needs of Eagan residents. The formula for land dedication: The greater of 1) proposed unit per acre 2) zones density. • DWELLING UNITS LAND TO BE DEDICATED 0 - 1.9 units per acre 8% 1.9 - 3.5 units per acre 10% 3.5 - 5.9 units per acre 12% 6 - 10 units per acre 14% 10+ units per acre Add .5% for each unit over 10 3. STANDARDS FOR ACCEPTING DEDICATION OF LAND FOR PUBLIC PARK • PURPOSES A. Land proposed to be dedicated for public purposes shall meet identified needs of the City as contained in the Park Systems Plan and Comprehensive Guide Plan. B. Prior to dedication for public purpose, the subdivider shall deliver to the City Attorney, an abstract of title or registered property abstract for such dedication. Such title shall vest in the City good and marketable title, free and clear of any mortgages, liens, encumbrances, assessments and taxes. The conveyance documents shall be in such form acceptable to the City. C. The required dedication and/or payment of fees-in-lieu of land dedication shall be made at time of final plat approval. D. The removal of trees, topsoil, storage of construction equipment, burying of construction debris, or stockpiling of surplus is strictly forbidden without the written approval of the Director of Parks and Recreation. E. Grading and utility plans,which may affect or impact the proposed park dedication, shall be reviewed and approved by the Parks and Recreation Director prior to dedication , or at such time as reasonably determined. • EAGRN FIRE DEPT . TEL :612-681-4777 Rug 14 ' 95 10 : 44 No . 001 P . 06 • • • 1995 Park Dedication Page 3 F. To be eligible for park dedication credit, land dedicated is to be located outside of drainways, flood plains or ponding area the site has been developed. Grades exceeding 12% or are unsuitable for parks development shall be considered for partial dedication. Where ponding has been determined to have a park function, credit will be given at a rate of 50% of the pond and adjoining land area below the high water level; a minimum of 70% of land above the high water mark shall be dedicated before pond credit is granted. Other City park dedication policies relating to pond dedication must also be complied with. In those cases where subdivider's and developers of land provide significant amenities such as, but not limited to swimming pools, tennis courts, handball fields, etc, within the development for the benefit of those residing or working therein, and where, in the judgment of the Director of Parks and Recreation, such amenities significantly reduce the demands for public recreational facilities to serve the development, the Director of Parks and Recreation, such amenities significantly reduce the demands for public recreational facilities to serve the development, the • Director may recommend to the Advisory Parks, Recreation and Natural Resources Commission that the amount of land to be dedicated for park, playground and public open area space (or cash contributions in lieu of such dedication)be reduced by an amount not to exceed 25% of the amount calculated under paragraph 2 above. G. The City, upon review, may determine that the developer shall create and maintain' some form of on-site recreation use by the site residents such as tot lots and open play space. This requirement may be in addition to the land or cash dedication requirement. 4. CASH DEDICATION If, at the option of the City, it is determined that a cash dedication shall be made, said cash shall be placed in a special fund for Parks and Recreation use and deposited by the developer with the City prior to final plat approval. The City Council, upon review and recommendation of the Advisory Parks, Recreation and Natural Resources Commission, shall annually determine by resolution the park cash dedication fee per residential unit. Said fee shall be determined by the average market value of undeveloped residential property by zoning classification, served by major City utilities, divided by the number of units per acre which shall provide the equivalency of • twelve acres per thousand population. ERGPN FIRE DEPT . IEL :biz-bill-4( r ( 1u : 4) ivo .uul r . or • • 1995 Park Dedication Page 4 • Said cash dedication, effective January 1, 1995 shall be: Cash Equivalent Units Per Per Residential Housing Type Average Market Value 100 Population Unit Single Family $20,400 per acre 28 $875.00 Duplex $23,070 per acre 35 $791.00 • Townhouse/Quad $28,317 per acre 47 $723.00 Apts/Multiple $31,460 per acre 52 $726.00 :Cash dedication shall be determined/computed at the rate in effect at the time of final plat. • 5. INDUSTRIAL/COMMERCIAL DEDICATION REQUIREMENTS Subdivider's and developers of commercial/industrial land, including commercial/industrial portions of Planned Developments,shall be required atthe time the site plan is approved and building permits are issued to dedicate to the City for park, playground and public open space purposes, an amount of land up to 7.5%of the net land area within the development as determined by the City. In those cases where the City does not require park or open space within such developments, the City shall require payment of fees in lieu of such land dedication in an amount equal to $.065 per square foot/$2,831.00 per acre of net land area, or such amount as determined by the City Council. Cash shall be contributed at the time of approval of each final plat or at the time of site plan or building permit approval, as determined by the City. The fee dedication requirement for all commercial/industrial plats which have received site plan approval prior to January 1, 1983, but have not been issued building permit, approval from the City shall be in an amount equal to $.0325 per sq. ft. of net land which shall be contributed at the time of building permit approval. A credit of up to 25%of the required dedication may be allowed by the City Council for on-site storm sewer, water, ponding and settling basins provided that such improvements benefit identifiable park and recreation water resources. The City Council, upon review and recommendation of the Advisory Parks, Recreation and Natural Resources Commission, may annually review and determine by resolution, an adjustment to the industrial/commercial fee based upon the City's estimate of the average value of undeveloped commercial/industrial land in the City. • • EHGAN FIRE DEPT . TEL :612-681-4??7 Hug 1u :4b NO . uu1 r . uo 1995 Park Dedicat • e Page 5 • 6. REQUIRED $MCROVEMENTS Developers shall be responsible for making certain improvements to their developments for park, playground and public open space purposes as follows: A. Provide finished grading and ground cover for all park, playground, trail and public open spaces within their development as part of their development contractor site plan approval responsibilities. Landscape screening shall be in accordance with City Policy. B. Establish park boundary corners for the purpose of erecting park limit signs. The developer shall contact the appropriate Parks and Recreation Department personnel for the purpose of identifying park property corners. • C. Provide sufficient public road access of no less than 300 feet for neighborhood parks and additional frontage for community parks. • 7. AUTHORITY The State of Minnesota has recognized the importance of providing for parks and • open space in M.S.A. 462.358, Subdivision 2 (b) which clearly gives the right to cities in its subdivisions regulations to require reasonable portions for public use. The City of Eagan has, by this dedication policy, chosen to exercise this right in establishing minimum requirements for meeting the public needs. PROCCDURES93PARK.DED • • • Page 2 - City Coun• Minutes 05/27/97 S Eagle Scout Project at Valley View Park - Councilmember Robert stated that Jim Abbot completed an Eagle Scout project at Valley View Park on May 13 , 1997 . The Boy Scouts installed boundary markers, clear-cut a new trail, planted shrubs, and took down barbed wire fences . Councilmember Robert reported that the Boy Scouts did an excellent job. Garden Committee Spring Perennial Sale Results - Councilmember Robert stated that the Garden Committee raised $1, 700 at the recent spring perennial sale . Installation of Playground Equipment at Valley View Park - Councilmember Robert stated that the installation of the playground equipment at Valley View Park has been delayed because some equipment parts are missing. Approval of Melanie Mesko as Recording Secretary - Administrator Robertson indicated that Eloise Nettleton was leaving the position of Recording Secretary. Robertson thanked her for her work and noted that she would be missed. Robertson recommended that Administrative Intern Melanie Mesko be appointed to the position of Recording Secretary. Councilmember Swenson, seconded by Robert, moved that Melanie Mesko be appointed to the position of Recording Secretary and that her pay for that position and her Administrative Intern duties be $10 . 00 per hour. Carried 5-0 . prop Box Price Quotes - Council reviewed United Waste Systems drop box prices . Administrator Robertson explained that quotes were for "dirty" load prices and that "clean" load prices were $30 to $40 cheaper. Councilmember Swenson explained that "clean" load consisted of construction material and that "dirty" load consists of household garbage . Council tabled discussion on this item until the June 24, 1997 City Council meeting and asked staff to invite United Waste Systems to attend the meeting. 'Lark Attendant Hiring - Councilmember Robert asked whether the Council needs to approve the list of candidates for the position of park attendant recommended by Jeff Kellogg. City Attorney Vierling stated that Council already authorized the budget for the park attendant salaries and no further action is required. Water Management Organization - Councilmember Beaudet said that the next meeting will be held Wednesday, May 28, 1997 at Bayport City Hall . Recycling Award - Administrator Robertson reported that the recipient of a $25 . 00 check from the City of Oak Park Heights for participating in its recycling program is Richard Ellis, 14823 Upper 55th Street . Page 4 - City CounS. Minutes 05/27/97 111 Unfinished Business Stillwater Ford Drainage - City Engineer Anderlik reported that Stillwater Ford has submitted a revised drainage plan. Anderlik stated that the drainage plan is acceptable and recommended the City approve the plan. Councilmember Beaudet, seconded by Swenson, moved to approve the May 26 , 1997 Stillwater Ford drainage plan as recommended by the City Engineer. Carried 5-0 . Annexation Petition, - David Screaton, 12055 North 55th Street, was present and asked that the City Council pass a resolution of support for his recent annexation petition. Council discussed the boundaries of the area proposed for annexation. City Attorney Vierling requested that Screaton furnish him with a legal description of the proposed annexation area so he can incorporate it into the resolution. Council tabled action until the June 10, 1997 meeting so that Vierling could draft a resolution. Council also asked Screaton to provide the City with a list of residents who support annexation. Baytown Township' s Request to Meet - Administrator Robertson stated that the Baytown Town Clerk contacted him and requested to meet with the City of Oak Park Heights in a non-quorum meeting to discuss annexation and drainage issues on June 3 , 1997 at 5 : 00 p.m. at City Hall . Mayor Schaaf and Councilmember Turnquist were chosen to represent the Council at the meeting with Baytown -.) Township. New Business: A-1 Maintenance Conditional Use Permit Review - Administrator Robertson stated that Jon Nelson, A-i Maintenance, is not in compliance with the conditions of his Conditional Use Permit . Councilmember Turnquist, seconded by Beaudet, moved to schedule a Public Hearing on Tuesday, June 24, 1997 to consider revoking the A-1 Maintenance Conditional Use Permit . Carried 5-0 . Approval of Conservation Partners Grant Application - Habitat Restoration Project - Valley View Park - Councilmember Robert said that the Conservation Partners Grant the City is applying for is intended for prairie restoration in lower Valley View Park. The project is scheduled to begin this fall and is expected to be completed next year. Councilmember Robert stated that the project includes 8 acres of both upland and lowland prairie restoration. Councilmember Beaudet, seconded by Robert, moved to approve the Conservation Partners Grant Application - Habitat Restoration Project- Valley View Park. Carried 5-0 . Recreational Vehicle Regulations - Councilmember Robert requested striking this item from the agenda. Page 5 - City Cour. Minutes 05/27/97 • Swager Park Trail - City Engineer Caron stated that the construction of the Swager Park trail is estimated at $22, 000 . Caron recommended that the City negotiate the cost of the blacktop portion of the project with Tower Asphalt and that the work be added by change order to an existing Brackey Addition contract . Councilmember Robert stated that $20, 000 has been budgeted for the project this year. Council directed City Administrator Robertson to contact the St . Croix Mall management and discuss obtaining an easement to use the non-paved surface of the outlot for park land. Council directed City Attorney Vierling to review the St . Croix Mall PUD Agreement . Councilmember Robert, seconded by Beaudet, moved to authorize City Engineer Caron to negotiate the Swager Park trail construction with Tower Asphalt, with costs not to exceed $22, 000, and with the work contingent upon the City obtaining an easement from the mall management . Carried 5-0 . Nuisance Code Enforcement - City Attorney Vierling reported that he met with Chief Swanson regarding nuisance code enforcement . Chief Swanson stated the he has had some success in enforcing the nuisance code and would like to continue working with the violators before the City takes any further action. Council was in consensus to discuss this issue further at the June 24, 1997 meeting. Training Exercises Conducted in the MNDOT Home Area - Mayor Schaaf reported that a visiting fire department conducted a minor fire burn training exercise on one of the MNDOT houses . The fire flared up after the visiting fire department left, and the Bayport Fire Department was called to extinguish the fire. Police Chief Swanson also reported that a canine exercise, which was not approved by his department and for which he received no notification, was conducted in the MNDOT area. Mayor Schaaf recommended the Council rescind the right of visiting fire departments or law enforcement agencies to conduct training exercises on MNDOT houses without first coming before the Council to obtain approval . Mayor Schaaf noted that he had no complaints about the Bayport Fire Department, which he thought had done a good job with its training exercises . Councilmember Turnquist, seconded by Swenson, moved to withdraw the City's permission for any visiting fire or law enforcement agency from using the MNDOT area of town without first appearing before the Council for approval . The Bayport Fire Department can continue to conduct training exercises as long as it gives the City advance notification. Carried 5-0 . Council directed Administrator Robertson to send a letter to visiting fire departments/law enforcement agencies which states that any training exercises need prior approval by the Council . 410 OAK PARK HEIGHTS CITY COUNCIL MINUTES, TUESDAY, MAY 13, 1997 Call to Order: The meeting was called to order at 7 : 00 p.m. by Acting Mayor Turnquist . Present : Councilmembers Beaudet, Robert, and Swenson. Absent : Mayor Schaaf . Staff Present : City Administrator Robertson, City Engineer Caron, City Attorney Vierling, City Planner Richards, and City Planner Teague. Approval of Agenda: The following items were added to the agenda: 1) Memo to the Council from Councilmember Robert regarding Jim Abbot, 2) Handout from Jim Abbot, 3) Memo to the Council from Councilmember Robert regarding Prairie Restoration Project, 4) Hiring Andy Weaver to supervise Phase I of the prairie restoration project at Valley View Park, 5) Memo from Councilmember Robert regarding enforcement of the nuisance ordinance, 6) Letter from MNDOT in response to Oak Park Height ' s requested changes to the Highway 5 project, 7) Resolution from Baytown Township opposing annexation, 8) Visitors Mr. and Mrs . Simpson regarding garbage issues, 9) and Visitor Mr. Dick Kadrie, Stillwater Ford, regarding drainage issues. Councilmember Swenson, seconded by Robert, moved to approve the amended agenda. Carried 4-0 . Employee Recognition: The Council recognized Secretary/Receptionist Julie Hultman for 5 years of service. Visitor Comments: Introduction of Melanie Mesko - City Administrator Robertson introduced Melanie Mesko to the Council . Ms . Mesko will be serving as Intern for the City of Oak Park Heights . Eagle Scout Project - Valley View Park - Jim Abbot - Jim Abbot of Boy Scout Troop #114 stated that he would like to make improvements to Valley View Park as part of a community service project . The project includes installing boundary markers, tearing down fences, adding a new entrance off 58th Street, and general clean-up of the park. Total cost of the project is estimated at $800 .44 . Abbot stated that he plans to complete the project on Saturday, May 17, 1997 . Councilmember Robert stated that $1, 000 was set aside last year for the project . Robert stated that she has met with homeowners in the area and they approve of the project . Councilmember Robert, seconded by Swenson, moved to approve the Valley View Park project proposed by Jim Abbot, with costs not to exceed $1, 000 . Carried 4-0 . Request for Park Cleaning - Councilmember Robert requested tabling this issues until the next City Council meeting. Resolution 97-05-21 - A Resolution Issuing a Gambling Premises Permit to Eagles Aerie 94 - Councilmember Swenson, seconded by Robert, moved to adopt Resolution 97-05-21 - A Resolution Issuing a Gambling Premises Permit to Eagles Aerie 94 . Carried 4-0 . Page 2 - City Court Minutes 05/13/97 S Resolution 07-05-22 - A Resolution Issuing a Gambling Premises Permit for Doyle ' s Bowling Center - Councilmember Robert, seconded by Swenson, moved to adopt Resolution 97-05-22 - A Resolution Issuing a Gambling Premises Permit to Eagles Aerie 94 for Doyle ' s Bowling Center. Carried 4-0 . Valley View Park Prairie Restoration Project - Andy Weaver described the Valley View Park prairie restoration project . Weaver reviewed the three stages of the project and recommended that Phase 1 of the project be completed this year. Phase 1 includes coordinating and conducting a prairie burn with the Fire Chief . Phase 1 also involves hiring Northern Prairies to do planting of native plants which is estimated to cost $8, 200 . Councilmember Robert stated that $13, 000 was budgeted last year for the project . Administrator Robertson indicated that the Council should be aware that the Parks Commission is running approximately $4, 000 over budget . Councilmember Robert, seconded by Swenson, moved to hire Andy Weaver to supervise Phase 1 of the project, not to exceed $3, 100 . Carried 4-0 . Councilmember Robert, seconded by Beaudet, moved to authorize the hiring of Northern Prairie Restoration to complete Phase 1 of the project, with costs not to exceed $8, 000 . Carried 4-0 . Councilmember Robert, seconded by Swenson, moved to authorize the Bayport Fire Department to conduct a burn of lower Valley View Park. Carried 4-0 . Kevin and Ann Simpson - Kevin Simpson asked the Council why Oak Park Heights residents are required to rent garbage dumpsters from United Waste Management . He stated that he obtained estimates regarding the cost for a 10 yard dumpster and most companies charge between $180 . 00 to $185 . 00 for a 10 yard dumpster. United Waste Management charges $220 . 00 for a 10 yard dumpster. Simpson indicated he feels that these fees are unreasonable. Councilmember Swenson stated that he will contact United Waste Management to discuss dumpster fees . City Attorney Vierling stated that the City has the right per its contract with United Waste Management to determine if the rates are reasonable. Council will review the rates at the next City Council meeting. D• • B- - - - V' -w _ - ' -1 :_ . i. . - Mr. Bergmann, 14913 North 57th Street, was present to discuss concerns regarding residents going through the subdivision to enter Valley View Park. Bergmann requested a marked entrance and trail be installed promptly in the park. Councilmember Robert stated that the City is in the process of obtaining easements so the entrance to the park can be installed. Bergmann stated that he is also concerned with the debris in the stormwater drain area behind his property. City Engineer Caron stated that Krongard Construction was instructed to clean the area last year. Bergmann also requested that the street sweeper go through the development again because there is a significant amount of sand still on the streets. Administrator Robertson said he would follow-up on Bergmann' s requests . Page 2 - City Coul Minutes 05/13/97 Resolution 07-05-22 - A Resolution Issuing a Gambling Premises Permit for Doyle ' s Bowling Center - Councilmember Robert, seconded by Swenson, moved to adopt Resolution 97-05-22 - A Resolution Issuing a Gambling Premises Permit to Eagles Aerie 94 for Doyle' s Bowling Center. Carried 4-0 . Valley View Park Prairie Restoration Project - Andy Weaver described the Valley View Park prairie restoration project . Weaver reviewed the three stages of the project and recommended that Phase 1 of the project be completed this year. Phase 1 includes coordinating and conducting a prairie burn with the Fire Chief. Phase 1 also involves hiring Northern Prairies to do planting of native plants which is estimated to cost $8, 200 . Councilmember Robert stated that $13 , 000 was budgeted last year for the project . Administrator Robertson indicated that the Council should be aware that the Parks Commission is running approximately $4, 000 over budget . Councilmember Robert, seconded by Swenson, moved to hire Andy Weaver to supervise Phase 1 of the project, not to exceed $3, 100 . Carried 4-0 . Councilmember Robert, seconded by Beaudet, moved to authorize the hiring of Northern Prairie Restoration to complete Phase 1 of the project, with costs not to exceed $8, 000 . Carried 4-0 . Councilmember Robert, seconded by Swenson, moved to authorize the Bayport Fire Department to conduct a burn of lower Valley View Park. Carried 4-0 . Kevin and Ann Simpson - Kevin Simpson asked the Council why Oak Park Heights residents are required to rent garbage dumpsters from United Waste Management . He stated that he obtained estimates regarding the cost for a 10 yard dumpster and most companies charge between $180 . 00 to $185 . 00 for a 10 yard dumpster. United Waste Management charges $220 . 00 for a 10 yard dumpster. Simpson indicated he feels that these fees are unreasonable . Councilmember Swenson stated that he will contact United Waste Management to discuss dumpster fees . City Attorney Vierling stated that the City has the right per its contract with United Waste Management to determine if the rates are reasonable. Council will review the rates at the next City Council meeting. Doug Bergmann - Valley View Garden Association Concerns - Mr. Bergmann, 14913 North 57th Street, was present to discuss concerns regarding residents going through the subdivision to enter Valley View Park. Bergmann requested a marked entrance and trail be installed promptly in the park. Councilmember Robert stated that the City is in the process of obtaining easements so the entrance to the park can be installed. Bergmann stated that he is also concerned with the debris in the stormwater drain area behind his property. City Engineer Caron stated that Krongard Construction was instructed to clean the area last year. Bergmann also requested that the street sweeper go through the development again because there is a significant amount of sand still on the streets . Administrator Robertson said he would follow-up on Bergmann' s requests . , • Enclosure A DRAfT NORTHERN PRAIRIES RESTORATION LANDSCAPE COMPANY PRAIRIES, WETLANDS, WOODLANDS 115 East Mill Street Cannon Falls, MN 55009 507-263-0154 Date: 04/30/97 To: Andy Weaver From: Stephen Thomforde Subject: Restoration Management Plan for Oak Park Heights. RESTORATION MANAGEMENT PLAN I Ecological Parameters: A. Location: Oak Parks Heights, Minnesota. B. Size: Approximately 8 acres C. Soils: Uplands soils consist of glacial tills, sands, and gravel. Very poor formation of the A horizon; 1.5 acres. The low land soils are typical lacusterine looms. These soils range from well drained to poorly drained, dependent upon the clay component; 3.8 acres. Closer to the wetland, the clay becomes more prevalent, and the soils are wet; 2.6 acres. Site to be separated into four zones dependent upon soils. This square footage will allow the installation committee a chance to fine tune their seed selection. 1. Wet: 30,000 sq/ft 2. Wet mesic: 60,000 sq/ft 3. Mesic: 190,000 sq/ft 4. Dry mesic: 60,000 sq/ft (Seedlings only) 1 • i D. Existing vegetation: 1. Wet: Reed Canary grass, Popple, Red osier dogwood, Swamp Muhly grass, Carex stricta, Carex lacusterine, Broad leaf cattail. 2. Wet mesic: Reed Canary grass, Smooth brome, Quack grass, Poa species, Red osier dogwood. 3. Mesic: Smooth brome, Quack grass, Poa species. 4. Dry Mesic: Native species include; Little bluestem, Dantonia, Indian grass, Big bluestem, Black-eyed susan, Bergamot, Lespedeza capitata. (More native species may present themselves after a burn) Exotic species include; Centaurea, Poa species, Smooth brome. (More exotic species may present themselves after the burn) E. Sunlight: 1. 65% - 100% F. Slope: Two knolls that tend to the Northeast are very steep, dropping off 40 feet in 100 feet. The entire site tends towards the North east. G. Historical: Pasture land. Grazed into oblivion. Several native species remain on the knolls, where it was obviously to steep to plow, and too steep for any intensive grazing to occur. Just how many native species remain at 5 sac nit** is unknown at present. A more accurate species composition could be determined after a burn. The lower southern parcel must have been plowed at some point, more recently than any other parcel at this site. The ground here is level. The dominant species is Smooth brome, Bromus inermis. Fire suppression has occurred for the past 50 years. 2 • • H. Comments: I have split the entire project into two stages, (Stage I and Stage II) based on site preparation. The entire site is thus split in half along a line that runs from "The Knolls", to "Cottonwood Hill", near the old farm buildings. (See map) Within the Two Stages there exists 5 potential sites. The entire project could be completed as one large site, or divided over several years, as money became available. Stage 1 lies on the south side of the line. It contains 4 separate sites: 95,000 sq/ft of mesic prairie, 30,000 sq/ft of wet mesic prairie, 15,000 sq/ft of wet prairie, and 15,000 sq/ft of sedge meadow. The 60,000 sq/ft of upland knolls with the existing native vegetation are contained in this stage. The sedge meadow is also complete enough, that no herbicide treatment is recommended. Stage 2 lies on the north side of the line. It contains 95,000 sq/ft of mesic prairie, and 30,000 sq/ft of wet mesic prairie. These two sites are more rugged and over grown than any of the sites in Stage I. This stage of the project will require some extensive tree removable, and tilling. 1. The entire project should be considered as 5 sites, in as far as species composition, and or installation procedures are concerned. Stage 1: a. Site I Knolls. Dry to dry mesic. 60,000 sq/ft. Selective herbicide and mechanical weed removable. Shrub thinning. Seedlings only. b. Site II Bottom land. Mesic 95,000 sq/ft. Wet mesic 30,000 sq/ft. Burn, herbicide, and no till drill. c. Site III Marsh perimeter. Wet. 15,000 sq/ft Burn. Shrub thinning. Herbicide. No till drill. d. Site IV Sedge meadow. Wet. Spring. Fen. 15,000 sq/ft Burn. Selective herbicide. Seedlings. Broadcast seed. Stage 2: a. Site V Rough bottom land. Mesic 95,000 sq/ft. Wet mesic 30,000 sq/ft. Burn. Tree removable. Minor tilling. Herbicide. No till drill. This prescription will allow for a great degree of biodiversity, • which equates to stability. 3 • • II. Installation Procedures: The key to a successful restoration effort is to rid the site of all current vegetation. In essence, we need to create a window to re-establish the native species. Agricultural fields can provide an excellent host for a quick and quality prairie to establish. Turf grasses are easy to kill, and also take on a prairie very well. Old fields require a more intensive weed management program. 1. Burn off entire site. A burn will rid the site of excess trash, stimulate weed seed germination, and allow for an equal and invigorated growth by all weeds. These three factors will allow the herbicides to achieve a maximum effectiveness. The burn will also stimulate dormant species to grow, thus allowing for a more accurate species analysis. April 20 - May 5 Fire Line establishment $800.00 / 500.00 Assist with burn $200.00 / 200.00 Burn $2000.00 / 1200.00 Stage I 2. Site by Site Prescription. A. Site I The Knolls: Site I is a refuge. it contains more good than bad. The need here is to preserve what is, and selectively remove what should not be there. Thinning of the shrubs should be performed. After the initial thin down, fire will keep the shrubs in check. This site needs to be monitored for species composition. Several native species may lay dormant, awaiting a burn to re-new their vigor. The burn will also stimulate the exotic (weed) species, making them more easy to pin point and eradicate through selective herbicide treatment and mechanical removable. On the steep knolls, where some actual native species do occur, I recommend that the soil not be disturbed, nor that a random application of herbicide be applied. It is obvious why the soils should not be disturbed, for it would create a potential for extreme soil erosion. The random use of herbicide would, eliminate many of the species that should be persevered for this restoration project. The bad guys (weed species) on these knolls, are not bad enough to warrant the total • innialation of all existing vegetation. Introduced native seedlings should out compete the weeds within a few seasons. 4 • This site should contain soil microbes, fungi, bacterium, protistians, and invertebrate animals, that will inoculate the other areas of this site. 1. Native species: Little bluestem, Indian grass, Big bluestem, Bergamot, and other species typically found in a slightly degraded system. 2. Seedlings: Typical seedling rates equal 1 plant/sq/ft. This site is 60,000 sq/ft; hence approximately 60,000 native plants should exist at this site. The primary concern here is increasing species diversity. I would recommend the addition of 1000 forbs per year over the next 5 years. The addition should include at least 20 species. I also recommend the addition of 7 grass species, 500 per year for the next 5 years. Species that I would recommend include: Butterfly milkweed, Pasque flower, Liatris aspera, Prairie smoke, Alumroot, Blue eyed grass, Coreopsis, Purple prairie clover, Leadplant, Prairie phlox, New Jersey tea, White prairie clover, Thimble flower, Silky aster, Heath aster, Showy goldenrod, Prairie sage, Smooth aster, Side oats gramma grass Northern dropseed, Scribners panic grass, Porcupine grass, Carex scoparius, and Stoney hill mulhy grass. Mechanical and chemical weed control, including shrub thinning 3 visits per year $850.00 (Brush will be piled in a designated area and burned in the winter; included in price.) Seedlings: 1000 forb plants $800.00 1000 forb plants delivered and planted $1,300.00 500 grass plants $125.00 500 grass plants delivered and planted $300.00 3. Contractual seedling option: This option would allow the for the re-establishment of local genotypes when available. I would gather seed from a twenty five mile radius of this project and propagate the seedlings. These seedlings would then be planted at the site. 1000 forbs seedlings $1,500.00 500 grass plants $450.00 (This price includes seed gathering) 5 • Stage I B. Site II Bottom Lands Mesic 95,000 sq/ft and Wet Mesic 30,000 sq/ft. 1. Weed Control: Where the site is level, a no till drill would be the weapon of choice. The concept here is to burn in the spring, and then hit the weeds heavy with 2-3 burn downs of herbicide (3-5% solution of Round Up). The first Spraying should be done during the last week of May. The site should be monitored for the second complete spraying, which typically occurs between July 15 and August 15. A third and final spraying may occur in September. If planting does not occur in the fall, then another complete spraying should be performed in the spring of 1998 before planting. 2.8 acres spraying. Chemical $200.00 Per visit $200.00 Application $200.00 Total cost per complete spraying $600.00 Spot spray Per visit $200.00 Per 1000/sq/ft $12.00 Shrub thinning One day $300.00 2. Planting Site II Once the weed species have been controlled, planting may proceed. All planting should be done with a Truax no till drill. The no till drill effectively plants into soils that have not been tilled. Tilled soils in situations like this, tend to lay rough until several tilling have been accomplished. These soils also contain an extensive weed seed bank, especially early successional species such as ragweed and stinging nettles. Truax Drill Per visit: $200.00 Tractor, Drill, Installer $40.00/hr $240.00 6 • • 3. Seed: With the Truax Drill, the site can be planted with 10/lb. per/acre. This rate needs to doubled when the seed is simply broadcast and harrowed. The two choices represent a difference in the amount of forb seed in the mixture. The typical mix is 80/20 in favor of the grasses. This results in a grassy prairie. The second suggest price represents a 60/40 ratio in favor of the grasses. Some experts now suggest, where feasible, a 80/20 ratio in favor of the forbs. a. Mesic 95,000 sq/ft = 21 lb. of seed. Mesic: 80/20 12 forbs 3 grasses $1390.00 Mesic: 60/40 24 forbs 4 grasses $2100.00 (We can work with a price in between these two figures) b. Wet mesic: 30,000 sq/ft = 7 lb. of seed Wet mesic: 80/20 12 forbs 3 grasses $595.00 Wet mesic: 60/40 24 forbs 4 grasses $840.00 Additional comments: I recommend planting this site in the Fall or the Spring of 1998. I would work with Prairie Moon for the forb seed, and PRI. for the Grass seed 7 • • Stage I C. Site III Marsh Perimeter. Wet. 15,000 sq/ft 1. Site Preparation: This site can be treated the same as site II; herbicide application and no till drilling. This site could use some shrub thinning. The herbicide Rodeo needs to be used in conjunction with the wetland. Rodeo is twice as expensive as Round Up. If the herbicide application coincides with Site II application, an additional $150/per visit will be accessed. If this project is separate, from Site II, the approximate cost will be $350.00 per visit. (Both figures include herbicide costs.) Shrub Thinning $500.00 (Includes burning the piles in the winter) 2. Seeding: Wet areas are best seeded in the Fall. I have successfully planted in semi frozen soils on wet sites. All seeding should be done with a no till drill. Some wetland species need to be broadcast on the surface. Prairie Moon Nursery packages these species separately. These species can be hand broadcast, or broadcast with the Truax Drill, drop tubes pulled. 3.5 lb. of seed should be used. I would recommend a short sedge meadow mix to coincide with the existing sedge meadow in Site IV Sedge Meadow. Wet. 3.5 lb. Wet mix 80/20 12 forbs / 3 sedges $450.00 Wet mix 60/40 24 forbs / 4 sedges $650.00 8 110 • Stage I D. Site IV Sedge Meadow 15,000 sq/ft. This site could contain several important fen species, although anything edible has certainly been eaten out by the cows. A simple litmus paper test could determine if this is a calcareous fen. Swamp milkweed, at least two species of sedges, and swamp satin grass already exist at this site. After the burn, a more accurate species analysis could be determined. No site preparation is necessary at site. Seedlings should be added. I would recommend the addition of 20 species. Install 1000 seedling per year for five years. 20 Species. 1000 individual plants $1000.00 20 Species. 1000 individual plants installed $1500.00 I would recommend installing at least 400 forb seedlings, and the rest being grasses and sedges. Species: Blue flag iris, Flat top aster, Blue joint grass, Foxtail sedge, Cord grass, Marsh marigold, Cup plant, Tall meadow rue, Joe pye weed, Boneset, Northern bedstraw, Sweet william (Phlox), Meadow blazing star, Turk's cap lilly, Great blue lobelia, Monkey flower, Mountain mint, Culver's root, Ox-eye daisy, Blue vervain, and Golden alexander. • 9 • Stage II A. Site V The Rough Bottom Land Mesic 95,000 sq/ft. Wet mesic 30,000 sq/ft This site needs some additional preparation before planting. I would recommend the elimination of all Box elder, Buckthorn, and Siberian elms from this site. These trees are weedy and invasive. Their elimination would allow for more effective site preparation. These trees could be cut down in the summer, and burned in the winter. Tree removable and burn $1000.00 The soils at this site are rough and need some leveling (tilling). Two complete tillings will need to be done. The first tilling should occur in the Fall of the year, so that the soils will mellow over winter. the second tilling should be accomplished the next spring Two tillings. $1200.00 Prior to tilling, the site should receive some attention to prepare it for a Fall till. There are two possible ways to prep the site. First, if this site gets burned during the spring, then herbicide should be applied twice, once during the early summer and once, in late summer. If a burn does not occur, then the site should be mowed down to 6 inches twice during the summer. If the site is to be sprayed, and spraying coincides with the other sites the price would be an additional $275 per visit. That includes chemical. If this site is sprayed separately, then it would cost approximately $600.00 per visit. Spraying per visit: $275.00 / $600.00 Mowing per visit $300.00 After the final tilling, the site should sit for several weeks. This process will allow the soils to firm up, which is desired. This process will also allow any weed seeds that have been brought to the surface a chance to germinate. If there is a flush of weeds, and I suspect there will be, then another spraying will be recommended. Final Spraying $300.00 Within one week of the final spraying the site should be seeded with a no till drill. Truax Drill: $440.00 • Seed: 22 lb. of Mesic and 7 pounds of Wet mesic Mesic 80/20 3 Grasses/12 Forbs $1430.00 Mesic 60/40 4 Grasses/24 Forbs $2200.00 • Wet mesic 80/20 3 Grasses/12 Forbs $595.00 Wet mesic 60/40 4 Grasses/24 Forbs $840.00 10 a • • III. Maintenance procedures: A. First Growing Season: 1. Mowing: The site needs a military hair cut all season long. Mow at approximately 30 day intervals, or when weed height attains 16 inches. Mower height should be set at 8 inches. Mow dates, (approximate) June 15, July 25, August 30. 2. Re-seed thin areas: Areas of one square meter with fewer than 3 native species can be considered thin. These areas should be re-seeded, or planted with seedlings. Mowing and general maintenance per visit: $400.00 / 550.00 I will also re seed any thin areas if a maintenance contract is agreed upon. B. Second Growing Season: The second season might need some spot mowing, or spot herbicide treatment. Have your installer agree to visit the site mid way through the growing season, and make an assessment. Noxious weeds need to be destroyed. Thin areas need to be filled. Start to maintain primary fire lines. C. Third Growing Season: The native species should begin to dominate the landscape. A tire in late April would help this process. Noxious weeds need to be destroyed. Thin areas need to be filled. IV. Additional Comments: If you do choose to go forward with this project, but choose to do it yourselves, please obey the following rules: Number one: Kill all of the existing vegetation. Do not compromise on this provision. A successful restoration project begins with a successful weed control program. Old fields require an entire growing season to kill. Number two: Use only native and indigenous Minnesota seed. Do not use any seed whose parental stock is outside of a 200 mile radius. Number three: Follow a strict maintenance plan. Do not let any weeds mature during the first growing season. Have a trained restorationist / installer visit the site during the second season and make some recommendations to correct any minor problem that might exist at this time. 11 • 0 a , Dear Andy; I hope this plan provides your committee with enough information so that they can proceed with the decision making process that follows. The prices I've quoted are not set in stone. They are estimates of what I would charge if I had to bid today, without any other negotiations. I would enjoy becoming involved with this project. If you need some additional information, or need a presentation, or if you have any other questions, please call. Thank you again for your time and the opportunity to participate with this project. I hope to continue. Sincerely; � � � , y ei Stephen L. Thomforde Northern Prairies Restoration Landscape Company. 115 East Mill Street Cannon Falls, MN 55009 1-507-263-0154 - tifille 1 , , , „ I jorginem ... 1 A (dew" Aw47;0Erect( OP 41t:Faialli 701(4‘golo/A1- 4411P 6Mto 'V CA/ V. 12 Oak 414Page 2 - City CounMinutes 04/22/97 • Walmart Earth Day Grant - Councilmember Robert stated Walmart is accepting applications for an Earth Day Project Grant . A representative from the Restoration Committee will make a presentation requesting an Earth Day Grant be used to restore the prairie grasses behind City Hall . Annex Area Park Boundaries - Councilmember Robert stated that the Park Commission met last week to walk the area being considered for the Annex Area park. The Park Commission met again on Monday, April 21, 1997 and reviewed the various conceptual park design plans . Robert reported that the Park Commission recommended Concept Plan 5 for the park boundaries . Concept Plan 5 requires the City to purchase 11 . 8 acres of land for the park. City Planner Richards stated there is a public safety concern since Concept Plan 5 would leave room for only one access road to the southern 40 acres . Council identified two additional potential access areas depending on the future growth of the City. Councilmember Robert, seconded by Beaudet, moved to approve Concept Plan 5 as the conceptual design for the Annex Area park. Carried 4-1 . Councilmember Turnquist opposing. Councilmember Robert thanked Tim Nolde for his work with the Parks Commission in determining the park boundaries. Park Attendants for Valley View Park - Councilmember Swenson said that he has received complaints from residents concerned with the number of teenagers loitering in Valley View Park. Councilmember Swenson requested the City authorize the Park Attendants for Valley View Park to start working in mid-May. Administrator Robertson said that the interviews for park attendants will take place in mid-May and that he will start the attendants as soon as possible. Robertson reminded residents to call the Police Department if they see any suspicious or threatening behavior in the parks . Concrete/Asphalt in Valley View Park - Administrator Robertson reported that NSP will remove the concrete/asphalt pile in Valley View Park as part of their restoration project . Water Management Organization - Councilmember Beaudet reported that the Perro Creek Sub-Watershed met last Wednesday to discuss the Perro Pond outlet structure. The outlet structure is designed to relieve flooding during the winter only and would not relieve any summertime flooding in Perro Creek. Councilmember Beaudet stated that City Engineer Anderlik is developing recommendations and estimating the cost for solving both winter and summer flooding problems . Administrator Robertson asked whether the Council would like to meet with Jeff Davis, who designed the Perro Creek Sub-Watershed' s plan to eliminate flooding. Council was in consensus to review the City Engineer' s recommendations before proceeding. 110 Page 5 - Minutes 08/97 411 Annexation Area Park Design - City Planner Richards reviewed a report detailing possible park designs and boundaries, as requested by the Haase family and Tim Nolde . Tim Nolde, Daryl Haase, and Linda Haase Pilgreen were present . Nolde also submitted a proposed park and subdivision plan. Council was in consensus that the east-west park concept, designated as "Plan A", was preferable . Councilmember Robert stated that the Parks Commission would review the concept plans and make recommendations at the next Parks Commission meeting scheduled Tuesday, April 16th, 1997 . Nolde requested the Council set the southern and eastern boundaries of the park so he can proceed with development plans . After considerable discussion, Councilmember Beaudet, seconded by Robert, moved to approve Concept Plan A for eastern and southern boundaries of the park on the 40 acres in question, subject to park access changes . Carried 3-1 . Councilmember Turnquist opposing. New Business: aff R- .• - .v-r P- - '•h..rc•.. - -. ._ - City Planner Teague reviewed a Staff report prepared in response to some Cover Park residents ' request that the City rezone a large portion of land currently zoned R-2, Low and Medium Density Residential to R-1, Single Family Residential in the area south of 59th Street, east of Peabody Avenue, and west of Highway 95 . Council discussed land use issues and structures that would be defined as non-conforming if the land was rezoned. City Attorney Vierling stated that the petition was signed by a very small percentage of residents/property owners who live in the area. Councilmember Robert, seconded by Turnquist, moved to table discussion until the next Council meeting. Carried 4-0 . Lighting Ordinance Discussion - Council reviewed a memo from City Planner Richards regarding the lighting regulation material provided by Councilmember Robert . Council directed City Planner Richards draft a proposed lighting ordinance. Council directed Administrator Robertson measure the light intensity at Stillwater Ford, the car wash, and Amoco station to see if they would meet current lighting regulations . Council Chamber Remodeling Plans - Council was in consensus to table discussion of this issue. .in P• - _. - -i -i - i • B- r• . - s •_ -n _ • ' _• - Councilmember Robert, seconded by Schaaf, moved to approve the Joint Powers Agreement with the City of Bayport to undertake the flushing of fires hydrants. Carried 4-0 . P -!-i - - • • D' - t- • • ' _ - . - • _II. • - - Compensation - Mayor Schaaf, seconded by Turnquist, moved to set a Public Hearing for Tuesday, May 13 , 1997 at 7 :30 p.m. to discuss amending the ordinance relating to employee compensation. Carried 4-0 . • s41 • OAK PARK HEIGHTS CITY COUNCIL MINUTES, TUESDAY, MARCH 25, 1997 Workshop Call to Order: Deputy Mayor Turnquist opened the workshop at 4 : 30 p.m. Present : Councilmembers Beaudet, Robert, Swenson, & Turnquist . Mayor Schaaf arrived at 4 : 50 p.m. Staff Present : City Administrator Robertson, City Attorney Vierling, Deputy Clerk/Finance Director Holst, City Auditor Mol, City Planner Richards, and City Engineer Anderlik. 1996 Audit Report - City Auditor Mol of Tautges, Redpath, Inc. , presented the 1996 Audit Report . Mol reported that their audit had found the City in compliance with Government Auditing Standards . Council discussed financial reserves, tax collection rate, bonds, fiscal disparities, connection charges, and possible future financial problems with Mol . Mol reported that the Sewer Fund was losing money due to increased charges from the Metropolitan Council in the last few years . Council directed the Finance Director and the City Engineer to examine the amount of users over the minimum, examine the number of commercial accounts with large seasonal fluctuations, and examine the City of Stillwater minimum charge and report back to the Council . The Council was in consensus that the following would be done; 1) "Lost" TIF would be placed in the Capital Improvements Fund starting in 1997 . 2) Any payment to settle the Junker Landfill lawsuit would be taken from the General Contingency Fund reserve. 3) Future proposed payments for the St . Croix Sports Facility would be listed in the Capital Improvements Fund. 4) A Health Insurance reserve would be established and the amount budgeted for this item would be reduced in 1998 . Council directed staff to check on the restrictions on TIF District funds . Health Insurance - Bob Zaczkowski of Zaczkowski Insurance and Jim Arves of CBSA were present and explained how the City' s self funded health insurance worked. They reported that the savings to the City in the four years this program has been in effect have totaled $81, 529 . Annex Area Park Boundaries - Time Nolde, Daryl Haase, and Linda Haase Pilgreen were present to discuss the proposed boundaries of the proposed Annex Area Park. The Haase ' s stated that they wanted the boundaries of the park defined before they sold any land to developers . There was considerable discussion of this issue . Page 2 - City Council Minutes 09/11/96 Department Reports: Water Tower Project - Mayor O'Neal asked when the water tower washing will start . Administrator Robertson said that the contractor told him he would start in two to three weeks . Change in Parks Commission Meeting Dates - Councilmember Robert stated that the Parks Commission has changed its October and November meeting dates due to holidays . The Parks Commission will meet Monday, October 7th, 1996 at 6 :30 p.m. and Monday, November 4, 1996 at 6 :30 p.m. Additional Playground Equipment at Valley View Park - Councilmember Robert stated that the Park Commission Playground Equipment Committee is recommending purchasing additional playground equipment for children in the 3-5 year age range at Valley View Park. Current playground equipment is designed for children 6 or older. The Committee is recommending that the City approve the purchase of a climbing apparatus, a motorcycle toy, and a shovel for the big sand box area. The estimated cost of the equipment is $4, 709 .28 . The Parks Commission recommends purchasing the equipment this fall to avoid a price increase. Mayor O'Neal questioned Councilmember Robert regarding the source of funding for the project . Councilmember Robert stated there is not enough funding to cover the expenses for the project in the Capital Improvement Recreation account, but requested that funding come from the Capital Improvement Unallocated account. Councilmember Schaaf, seconded by Kern, moved to approve the transfer of $10, 000 from the Unallocated account to the Recreation account . Carried 5-0 . £ignage for the Mountain Bike Trail - Councilmember Robert stated that Gary Sjoquist of the North Central Mountain Bike Group has recommended that directional and caution signs be installed on the mountain bike trail . A map showing the layout of the trail should also be installed. The estimated cost of the signage is $360 . 00 . Councilmember Robert, seconded by Swenson, moved to approve the expenditure of $360 . 00 for signage for the Mountain Bike Trail . Carried 5-0 . Garden Committee Perennial Sale - Councilmember Robert stated that the Garden Committee will hold a perennial sale on Saturday, September 14, 1996 from 9 : 00 a.m. to noon. The Garden Committee will also be completing a second planting of perennials on the hill at Cover Park. The Garden Committee is still looking for donations of perennials to plant . 411 • OAK PARK HEIGHTS CITY COUNCIL MINUTES, WEDNESDAY, SEPTEMBER 11, 1996 Call to Order: The meeting was called to order at 6 :30 p.m. by Mayor O'Neal . Present : Councilmembers Kern, Robert, and Swenson. Councilmember Schaaf arrived at 6 :35 p.m. Staff Present : City Administrator Robertson and City Attorney Vierling. Visitor Comments: Andy Salmen - Brekke Park Eagle Scout Project - Councilmember Robert introduced Boy Scout Andy Salmen to the Council . Salmen explained that he proposed to complete the following improvements in Brekke Park as part of his Eagle Scout project : • Add two benches on the east end • Add games to the black top including a basketball key, two four-square games, and one hopscotch game • Add timbers and sand to the safety area to meet safety requirements . Salmen is expecting to complete the improvements this fall, hopefully within two weeks. The estimated cost is $1, 354 . 67. Councilmember Robert, seconded by Swenson, moved to approve an expenditure of $1, 500 to complete the project at Brekke Park. Carried 5-0 . Wally Laumeyer - Auctioneer - Administrator Robertson introduced auctioneer Wally Laumeyer to the Council . Robertson reported that the Police Department seized a 1990 Geo Metro in a drug forfeiture. The car was placed in the Washington County Auction. Robertson stated that the car' s odometer read 32, 000 miles, but the City had marked the vehicle title that they suspected that the odometer reading was not- correct . The car was sold at the auction and the buyer thought that the car had only 32, 000 miles . When the buyer found out that the car had 132, 000 miles, he contacted Mr. Laumeyer and requested that his money be refunded because of the incorrect odometer reading. Mr. Laumeyer refunded the $1, 500 to the buyer. Mr. Laumeyer requested that the Council return $650 . 00 to him, figuring that the remainder is what the car would have sold for, or, return the full amount to Mr. Laumeyer and he would sell the car for the City at the next auction. Councilmember Swenson, seconded by Kern, moved to offer Mr. Laumeyer $650 . 00 with the understanding that Mr. Laumeyer will retain possession of the car. Carried 5-0 . Mr. Laumeyer will place the car in the auction in June. Mayor O'Neal requested that Mr. Laumeyer notify the City what the car sells for. Page 6 - City Council Minutes 09/11/96 Resolution 96-09-26 - A Resolution Approving the Preliminary 1997 Budget and Tax Levy - Administrator Robertson reported that the proposed 1997 preliminary tax levy and budget would result in a 0 .42% increase in the City portion of Oak Park Heights property tax. Robertson stressed that this is just the City portion of the property taxes, and is based on property values staying the same. To reduce this to a 0 . 0% tax increase would require that tax levy to be reduced by $5, 665. 00 . Councilmember Swenson, seconded by Schaaf, moved to approve the 1997 Tax Increase at a 0 . 0% tax increase for a preliminary tax levy of $1, 505, 316 . 00 and a preliminary budget of $2, 064, 485 . 00 . Carried 5-0 . t-•i_ -• ;-• - • v- , - Councilmember Swenson, seconded by Kern, moved to recommend that the County take the necessary steps to reduce the speed limit from 35 MPH to 30 MPH on Osgood Avenue south of Highway 36 . Carried 5-0 . County' s Improvement Plan for Osgood Avenue - Robertson stated that he met with Don Theissen of Washington County Public Works regarding the scheduled improvements on Osgood Avenue. Theissen said that the County is planning on installing a sidewalk on Osgood Avenue. Annex Park Estimated Costs - Administrator Robertson reviewed a memo prepared by City Planner Scott Richards regarding the cost to develop the Annexation Area Park. Richards has a preliminary estimate of $1 . 8 million dollars to develop the "most ideal park" for the annexation area. Councilmember Robert stated that the Parks Commission has reviewed the memorandum and is recommending that the City set aside $90, 000 for ten years to help fund the development of the park. This item was tabled and no action was taken. •••- -• • ' • -• - Pond North Outlet Structure - Councilmember Schaaf, seconded by Kern, moved to enter into the Joint Powers Agreement for the Feasibility study of the Prison Pond North Outlet Structure. Carried 5-0 . Proposed Fire Substation Costs - Councilmember Swenson updated the Council on costs to build a fire substation. He reported that a four-bay station is estimated at $850, 000, a pumper is estimated at $248, 000, one tanker estimated at $160, 000, and a grass rig estimated at $33, 000 . • OAK PARK HEIGHTS CITY WORKSHOP MINUTES COUNCIL MINUTES, MONDAY, MAY 13, 1996 Call to Order: The meeting was called to order at 6 :30 p.m. by Councilmember Kern. Present : Councilmembers Robert, Schaaf, and Swenson. Mayor O'Neal arrived at 6 :35 p.m. Staff Present : City Administrator Robertson and City Attorney Vierling. City Engineer Anderlik arrived at 6 :50 p.m. Visitor Comments: There were no visitor comments . Department Reports: Peace Office Memorial Weep - Chief Swanson stated the week of May 13th to May 18th is Peace Officer Memorial Week. A Peace Officer Memorial service will be held on Wednesday, May 15th at 12 :00 p.m. Chief Swanson said all local officials are invited to attend the memorial service . Councilmember Swenson, seconded by Kern, moved to approve a donation of $50 . 00 by the City to the Peace Officer Memorial . Carried 5-0 . Police Training - Chief Swanson stated Lakewood Community College is developing a continuing education program for peace officers. This training is mandated by the state. The classes are estimated to cost $250 . 00 per year for each officer. Police Department Security - Chief Swanson noted a problem with security within the Police Department at City Hall . Swanson reported that unauthorized people have access to the Police Department area. Swanson reported that door locks are being changed as part of the ADA improvements which should help with securing the Police Department area. • Spring Cleanup Project - Chief Swanson reported that the spring cleanup is underway. Swanson stated that residents have been cited for failure to comply with local ordinances . Councilmember Swenson stated he would like to see stricter enforcement of the ordinance. City Attorney Vierling stated that the Building, Health and Safety ordinance prohibits City Staff from trespassing on personal property except for cases of substandard housing or noxious weeds. Swanson stated that his department has cited various residents, but when the residents appear in court a minimal fine, usually $25 . 00, is imposed. Council is interested in obtaining information on how other cities address this problem. Robertson was directed to contact other communities in Washington County to discuss this . Park Attendants - Councilmember Robert presented a list of candidates for Park Attendant recommended by Jeff Kellogg. Councilmember Robert, seconded by Kern, moved to authorize the hiring of Park Attendants with alternates as recommended by Jeff Kellogg. Carried 5-0 . 111 Enclosure 12 MEMO Date : April 18, 1996 To: Mayor & Council From: Mike Robertson, City Administrator Re : Summer Park Attendants Council may recall discussion last year about attempting to hire older park attendants who could do minor maintenance such as weed whipping and grass cutting while serving at their respective parks. The feeling was to attract this type of person we would have to pay more than the usual $6 per hour. I have prepared a help wanted ad (Enclosure 12A) for your review, which shows a pay rate of $6 . 50 to $9 . 00 per hour. My suggestion is that if we only get applicants who have had little or no work experience, like we 've usually had in the past, we would pay at the $6 . 50 per hour rate. If we get people with a lot of work experience or with specific park experience, we can pay a higher rate. Another suggestion that came out of recent neighborhood meetings the Park Commission is that people often don' t know the park attendant on duty from the person reading a book in the corner. The suggestion at that meeting was that we get the park attendants uniforms . I would suggest those blue shirts such as we all wore to last years Party in the Park as being an appropriate, and relatively inexpensive, uniform. Please let me know whether these suggestions are acceptable to you, and if you have any additional suggestions . If these are acceptable, I intend to start advertising immediately at the High School, post the ad in the local papers on Thursday, April 25 and Thursday, May 2, and run the ad in the St . Paul Pioneer Press on Sunday, April 28 . We will do interviews on Friday May 10 and Saturday, May 11, with Council approving the finalists on May 13 . The attendants would start Saturday, May 25 at the start of Memorial Day weekend. • Ilk Page 2 - Minutes 04/22/96 • The Committee will drop the idea of a brick sale to raise money for the garden due to the cost . Councilmember Robert reported that the estimated costs are $6, 150 for the wall and $5, 600 for the shrubs and mulch, for a total cost of $11, 750 . She said that all of the perennials included in the project will be donated by members of the Garden Committee and area residents . The value of the perennials is estimated to be $4, 000 . The Garden Committee is requesting that the City Council authorize up to $12, 000 for completion of the project . Councilmember Robert, seconded by Kern, moved to authorize up to $12, 000 for installation of the wall and perennial garden at Cover Park. Carried 3-0 . Councilmember Schaaf arrived at 6 :45 p.m. Temporary Garden Storage - Robert requested that the Council authorize the Public Works Department to prepare an area behind City Hall for temporary storage of flowers . Council directed Robertson to arrange this. Advantage Minnesota - Administrator Robertson stated that he was contacted by Advantage Minnesota, a private group that is seeking to bring industry to Minnesota. They are interested in establishing an industrial company in the area across from the Bayport Prison on Stagecoach Trail . City Planner Richards stated that some of the land is zoned industrial and some is zoned residential . Robertson stated that Advantage Minnesota is interested in the Council 's views on the proposal . Council directed Robertson to contact Advantage Minnesota and ask them to make a proposal . NSP Ouestion - Administrator Robertson reported that NSP is negotiating with a landowner for a piece of property as part of Highway 36 reconstruction that contains a billboard. NSP said that the landowner stated he will be an unwilling seller if he can not relocate the billboard. NSP said that they are willing to provide the landowner with another piece of property along the future frontage road and wanted to know what Council thought of this idea. Council directed Robertson to contact NSP and ask them to bring a proposal to Council . Comprehensive Plan - City Planner Richards stated that staff is close to completing the first phase of the Comprehensive Plan. He will contact Council when it is finished to schedule a workshop to review the first phase . Water Management Organization - Councilmember Schaaf reported that the Browns Creek WMO met and representatives from Grant Township were in attendance. Schaaf noted that there was another motion to disband the organization but it did not pass . • s Page 3 - Minutes 02/26/96 Unfinished Business: Park Survey Report - City Planner Richards reported on the Park and Trail Survey for local businesses . Richards noted that the 17% response was very good considering 109s is an average response . Richards stated that results of the survey helps the City justify its park dedication fee charged for new commercial activity. Richards noted the survey results do not help establish the appropriate ratio of cash to acreage formula for an Ordinance revision. Staff will continue to study this issue and provide a recommendation to the Council . Valley Branch Watershed - Proposed Rules and Regulations - City Attorney Vierling indicated that he has reviewed the proposal and has no problems with it . Vierling noted the City already has adopted a plan for the small portion of Oak Park Heights affected by the proposed rules and regulations . He said that the plan already adopted will meet the guidelines in the proposal . Design Review Committee - Councilmember Robert reported that the Design Review Committee had held its last meeting and that MNDOT has issued its design guide for the bridge and Highway 36 reconstruction. Mayor O'Neal praised Councilmember Robert for all of her hard work with the committee . New Business: City Attorney Memo - County Road Turn back Process - City Attorney Vierling stated that at the request of the City Council his office reviewed the applicable rules and statutes of the State of Minnesota regarding the turnback of roads between government units . Vierling stated that the City does not have to take any road that it does not want . Review of Recording Secretary - Robertson noted that the performance of Recording Secretary Eloise Nettleton had been excellent and recommended an increase in compensation to $11 . 00 per hour. Councilmember Swenson, seconded by Kern, moved to increase the compensation of Eloise Nettleton for the duties of Recording Secretary to a rate of $11 . 00 per hour. Carried 5-0 . City Administrator 1996 Contract - Mayor O'Neal reported that the Council has finished its review of City Administrator Robertson, that he has met or exceeded the Council ' s expectations in all areas, and that Council was very satisfied with his performance . Councilmember Kern, seconded by Schaaf, moved to approve the City Administrator' s 1996 contract . Carried 5-0 . Caucuses - Mayor O'Neal encouraged everyone to attend their area caucus on Tuesday, March 5, 1996 . rirc- � � • Enclosure 3 Northwest• Associated Consultants , Inc . �j COMMUNITY PLANNING • DESIGN • MARKET RESEARCH CE@C Uds ,,� MEMORANDUM FEB 2 f 1996 TO: Mike Robertson FROM: Scott Richards DATE: 19 February 1996 RE: Oak Park Heights - Park and Trail Survey - Local Business FILE NO: 798.04 - 96.04 As per your request, I have reviewed the results of the Park and Trail Survey of local business in Oak Park Heights (see attached). The 17 percent response is very positive considering 10 percent is an average response and 20 percent is excellent in community survey work. The purpose of the survey was to find out if Oak Park Heights business or employees were using the park system for company picnics, events, or during the lunch hours. We wanted to establish a justification for assessing park dedication fees and possibly for supporting an increase in the fee schedule. From the results of the survey, 30 percent of the respondents indicated that they or their employees used the City's park facilities in the last three years. A small percentage of the respondents indicated that they supported recreational league activities or utilized parks during the business day for lunch breaks, walks, etc. The survey, in part, helps the City justify its park dedication fee charged for new commercial activity. It does not, however, help us establish the appropriate ratio of cash to acreage formula for an Ordinance revision. Staff will continue to work on that specific formula and provide a recommendation to Council. 5775 Wayzata Blvd. • Suite 555 • St. Louis Park, MN 55416 • (612) 595-9636•Fax. 595-9837 OAK PARK HEIGHTS PARK AND TRAIL SURVEY TABULATIONS 1 . Overall , how important do you feel it is for the City to provide park and trail opportunities for community business? 22% - Very Important 22% - Somewhat Important 48% - Not Important 8% - No Opinion 2 . In the past three years , how often do you estimate that your business (or employees of your business ) have made use of Oak Park Heights park and trail facilities ( in association with the business , i.e . company picnics , etc. ) ? 70% - None 11% - 1-3 Times 4% - 4-6 Times 4% - 7-9 Times 11% - 10+ Times If you have utilized those facilities in the past year, would you consider using them again? 30% - Yes . All surveys that indicated park usage stated that they would utilized them again. 3 . Please indicate the extent to which your business (or employees of your business ) utilize the following City park facilities . Valley View Brekke Park 4% - Use Regularly 8% - Use Regularly 15% - Use Occasionally 15% - Use Occasionally 81% - Never Use 78% - Never Use Swager Park Cover Park 4% - Use Regularly 0% - Use Regularly 4% - Use Occasionally 4% - Use Occasionally 92% - Never Use 96% - Never Use 4. From a business owner/operator perspective, which of the following park facilities do you (or your employees ) use on a regular basis (more than six times per year)? 9% - Trails 17% - Picnic Tables 12% - Picnic Shelters 9% - Benches 5% - Tennis Courts 9% - Baseball/Softball Fields • • 0% - Basketball Courts 12% - Swing/Play Sets 0% - Horseshoe Pits 3% - Hockey Rinks 9% - Grills 3% - Warming Houses 12% - Other: "None" ** NOTE: 63% of surveys returned did not check any item( s ) . Percentages listed in question #4 are based upon the 34 responses received. 5 ) . Approximately, what distance does your business lie from the nearest park facility? 37% - Less than one-quarter ( 1/4 ) mile. 19% - Between one-quarter ( 1/4 ) and one-half ( 1/2 ) mile. 30% - Between one-half ( 1/2 ) and one ( 1 ) mile. 7% - Over one ( 1) Mile 7% - No response. ( * ) (* ) One no response indicated, "Don' t know - don't live here, so not sure where parks are. " 6 ) . In the past three years , how many civic organization ( i.e. , Lions, American Legion, etc. ) events have you attended at the City' s park facilities? 89% - None 11% - 1 to 3 0% - More than 4 7 ) . How many persons are employed by your business? 55% - 1 to 5 19% - 5 to 10 7% - 10 to 2 0 19% - More than 20 8 ) . What type of business service do you provide? 18% - Office 0% - Pharmaceutical 7% - General Merchandise 0% - Lumber/Hardware 4% - Apparel 4% - Eating/Drinking 4% - Furniture/Home Furnishings 4% - Automobile 0% - Automotive 4% - No Response 4% - Food 51% - Other (* ) (* ) Others Listed: Electric Utility Medical/Dental Dance Classes Marina & Service Hair Salon Service Boats & Cycles Child Care/Nursery School Prison Manufacturing • 9 ) . Approximately, what percentage of your business ' employees reside in the City Of Oak Park Heights? 4% - 100 Percent 7% - 50 to 75 Percent 0% - 75 to 100 Percent 89% - Less than 50 Percent 10 ) . Does your business sponsor/support any recreational league activities? 15% - Yes 85% - No ( * ) ( * ) One no respondent reported that they sponsored/supported hockey in the past If yes , what activity? Baseball/Hockey, Valley Sports Association-High School Sports , V.A.A. and one said softball (not on a regular basis ) 11 ) . Do you or any of your employees utilize any City park or trail facilities during the business day ( i.e. , lunch break, etc. )? 15% - Yes 85% - No 12 ) . Do you or any of your employees utilize parks in other cities during the business day or for business functions? 15% - Yes 85% - No If yes , where? City of Stillwater, City of Bayport, City of Somerset ( specifically waterslide location) 13 ) . In the space following, please provide any general comments you may have in regard to the relationship between community businesses and the City' s park and trail system. "I haven't seen any park close to my business . " "We have no need to conduct business! " "Parks are ok as is - forget the trails ! A waste of our tax money. " "Businesses should not influence the City' s parks . It should be the residents . " "A trail near a business would allow employees to utilize it much easier before, during, and after work. " "A great benefit for the whole community. " • 411 "We have limited use as a business , but our employees and their families use them often for non-business events , especially when their children are of grade school age. " 14 ) . What improvements/changes , if any, can be made to Oak Park Heights ' system of parks/trails/walkways/recreational areas that would be useful to you or your employees? "Most people have to go to a fast food place to get their food. By the time they get that and go to a part to eat, it is too late . If you could put food trucks at different parks , I think people would go to them and spend their lunches and maybe bring their families there on the weekend. " "A bike path/running path linking all area communities would be useful and well used. " "Would like to see river trail from north of Stillwater to Lakeland trails to Afton State Park. " "Maps . " "None. No "trail system" No more city taxes ! " "None! Save your money! " "No idea. " "Distribute a one page map of all areas . " "Build a practice sand trap for golfers. " "Sidewalks in residential areas" SUMMARY: 160 Surveys were mailed to local businesses . Three were returned as undeliverable. 27 of the surveys were received back for a 17% response back from our business community. Page 3 - Minutes I/O 6 III • Councilmember Schaaf, seconded by Kern, moved to table discussion regarding ADA improvements until the next City Council meeting scheduled on January 22 , 1996 . Carried 5-0 . Council directed Robertson to bring a recommendation for funding this project to the next City Council meeting. Brown' s Creek Joint Powers Agreement - Councilmember Kern, seconded by Swenson, moved to table discussion until next Council meeting. Carried 5-0 . Update on Design Review Committee - Councilmember Robert reported that the next meeting for the Design Review Committee will be Wednesday, January 10, 1996 at Stillwater City Hall . Robert reported that they will make a final color recommendations for the bridge, rail, and bridge lighting. Councilmember Robert also reported that MNDOT' s Design Review Guides are available . The last meeting of the Design Review Committee will be in February, 1996 . Park Dedication Survey - Robertson presented a revised survey put together by Northwest Associated Consultants to determine business use of City parks . Councilmember Robert requested that question 14 be amended to include "walkways" and that the survey ask for the "last three years" not the "last year" when referring to the usage of the parks . Councilmember Swenson, seconded by Kern, moved to authorize staff to send this survey to all City businesses with recommended changes as requested and report the results back at the February 12 Council meeting. Carried 5-0 . Public Hearings: Jerry' s Auto Detail-13601 North 60th Street-Request for Variance - Mayor O'Neal opened the public hearing at 7 :50 p.m. Robertson reported that he has not received the necessary plans for adequate staff review of this proposed variance . Councilmember Schaaf, seconded by Swenson, moved to table discussion until the next Council meeting scheduled for January 22, 1996 . Carried 5-0 . New Business: 1996 Appointments - Councilmember Schaaf, seconded by Kern, moved to approve the following 1996 appointments; Carried 5-0 . Deputy Mayor Dean Kern, Sr. City Attorney Eckberg, Lammers, et al City Engineer Bonestroo, Rosene, et al City Planner Northwest Associated Consultants City Auditor Tautges, Redpath, Inc. Park Commission Liaison Janet Robert Park Commission Mike Dahlquist (1996-1998) Cable Commission Mark Swenson Middle St . Croix WMO Barbara O'Neal Browns Creek WMO Assistant Weed Inspector Rollie Staberg Official Newspaper Courier News 1-8 -% I(p O• • • OAK PARK HEIGHTS PARK AND TRAIL SURVEY To better understand the needs of the business community in relation to the community's park and trail system, the City of Oak Park Heights is conducting a survey of local business owner/operators. A primary goal of the survey is to adequately respond to the park and trail needs not only of residential uses but of commercial/industrial uses as well. Please respond to each of the following questions and return the survey by January 31, 1996 to the Oak Park Heights City Hall by one of the following means: A. Fold in thirds along illustrated lines on the back of this survey, tape closed, and mail to City Hall (postage not included). B. Fax to City Hall at 439-0574. C. Drop off at City Hall, 14168 North 57th Street, between the hours of 8:00 am and 4:30 pm. Your efforts will help greatly in the City's efforts to provide a park and trail system which satisfies the needs of ail components (residential and business) of the community. 1. Overall, how important do you feel it is for the City to provide park and trail opportunities for community businesses? ❑ A Very Important D C Not Important ❑ B Somewhat Important 0 D No Opinion 2. In the past three years, how often do you estimate that your business (or employees of your business) have made use of Oak Park Heights park and trail facilities (in association with the business, i.e. company picnics, etc.)? ❑ A None ❑ C 4-6 Times ❑ E 10 4- Times ❑ B 1-3 Times 0 D 7-9 Times If you have utilized those facilities in the past year, would you consider using them again? ❑ A Yes ❑ B No 3. Please indicate the extent to which your business (or employees of your business) utilize the following City park facilities. Use Use Never Times Per Park Regularly Occasionally Use Year Valley View ❑ ❑ 0 Brekke 0 0 0 Swager ❑ ❑ 0 Cover 0 0 ❑ 1 4. From a business owe/op./or perspective, which of the foTlowin ark facilities do (or ou your Y employees) use on a regular basis (more than six times per year)? ❑ A Trails 0 G Picnic Tables ❑ B Picnic Shelters 0 H Benches ❑ C Tennis Courts 0 I Baseball/Softball Fields ❑ D Basketball Courts ❑ J Swing/Play Sets ❑ E Horseshoe Pits 0 K Hockey Rinks ❑ F Grills ❑ L Warming Houses 0 M Other 5. Approximately, what distance does your business lie from the nearest park facility? ❑ A Less than one quarter (1/4) mile. ❑ B Between one-quarter (1/4) and one-half (1/2) mile. ❑ C Between one-half (1/2) and one (1) mile. ❑ D Over one (1) mile. 6. In the past three years, how many civic organization (i.e., Lions, American Legion, etc.) events have you attended at the City's park facilities? ❑ A None ❑ B 1to3 ❑ C More than 4 7. How many persons are employed by your business? ❑ A 1 to 5 ❑ C 10 to 20 ❑ B 5 to 10 ❑ D More than 20 8. What type of business service do you provide? El A Office 0 G Pharmaceutical ❑ B General Merchandise 0 H Lumber/Hardware ❑ C Apparel 0 I Eating/Drinking ❑ D Furniture/Home Furnishings ❑ J Automobile ❑ E Automotive 0 K Other: ❑ F Food 2 • 4, 9. Approximately, what percentage of your business' employees reside in the City of Oak Park Heights? ❑ A 100 percent 0 C 50 to 75 percent ❑ B 75 to 100 percent ❑ D Less than 50 percent 10. Does your business sponsor/support any recreational league activities? ❑ A Yes 0 B No If yes, what activity? 11. Do you or any of your employees utilize any City park or trail facilities during the business day (i.e., lunch break, etc.)? ❑ A Yes 0 B No 12. Do you or any of your employees utilize parks in other cities during the business day or for business functions? ❑ A Yes 0 B No If yes, where? 13. In the space following, please provide any general comments you may have in regard to the relationship between community businesses and the City's park and trail system. 14. What improvements/changes, if any, can be made to Oak Park Heights' system of parks/trails/ walkways/ recreational areas that would be useful to you or your employees? Thank you for participating in this survey. Hopefully, the results will allow the City to gain an understanding of City park use and future needs in association with commercial and/or industrial businesses. 3 • • Please Fold Along Line and Tape Shut City of Oak Park Heights Place Park and Trail Survey Stamp Here City of Oak Park Heights P.O. Box 2007 Oak Park Heights, MN 55082 Please Fold Along Line and Tape Shut