Loading...
HomeMy WebLinkAbout07-25-2017 Council Packet CITY OF OAK PARK HEIGHTS TUESDAY, JULY 259 2017 CITY COUNCIL MEETING AGENDA 6:00 P.M., or upon conclusion of preceding worksession 6:00 p.m. L Call to Order/Pledge of Allegiance/Approval of Agenda Estimated times 6:00 p.m. IL Council/Staff Reports A. Mayor McComber B. Councilmember Dougherty C. Councilmember Liljegren D. Councilmember Runk E. Councilmember Swenson F. Staff • Recycling Award(pg. 3) 6:05 p.m. III. Visitors/Public Comment This is an opportunity for the public to address the Council with questions or concerns on issues not part of the regular agenda(Please limit comments to 3 minutes in length). 6:05 p.m. IV. Consent Agenda (Roll Call Vote) A. Approve Bills & Investments B. Approve City Council Minutes—July 11, 2017 (pg. 5) C. Approve 2017-2018 Snow Plowing Agreement(pg. 9) D. Award the Summer 2017 Tree Pruning and Removal Project to St. Croix SavATree (pg. 19) 6:05 p.m. V. Public Hearings A. Consider Issuance of an Off-Sale 3.2 Malt Liquor License for Kwik Trip, Inc. DBA Kwik Trip 9111 (pg. 49) 6:10 p.m. VI. Old Business None 6:10 p.m. VII. New Business A. Nolde—Phase V—Revenue Bond Preliminary Approval (pg. 51) 6:20 p.m. VIII. Other Council Items or Announcements 6:20 p.m. X. Adjourn Please mute or silence any cell phones,computers or other devices during meeting—Thank You. Page 1 of 58 THIS PAGE INTENTIONALLY LEFT BLANK Page 2 of 58 Ar-IrAl e�, Oak Park Heights Request for Council Action Meeting Date July 25, 2017 Agenda Item Recycling Award Time Req. 0 Agenda Placement Staff Reports Originating Department/Requester A tration/Jennifer Pinski R Requester's Signature Action Requested Receive Information Background/Justification(Please indicate any previous action has been taken or if other public bodies have been advised). See Attached. Page 3 of 58 July 20, 2017 Corey Mogren 14196 53rd Street North Oak Park Heights, MN 55082 Dear Mr. Mogren: Thank you for participating in the City's recycling program. As an incentive to recycle and to increase fire prevention awareness, the City rewards two residents each month with their choice of an award of $25.00 or a fire extinguisher and/or smoke detector(s). Your residence was checked on Thursday, July 20, to determine if you had your recycling bin out with your regular garbage. Your recycling was out and ready for collection; therefore, you are one of this month's winners. Please contact me at 439-4439 to let me know your choice of award. On behalf of the Oak Park Heights City Council, thank you for participating in the City's recycling program. Congratulations! Jennifer Pinski City Clerk Page 4 of 58 x. Oak Park Heights Request for Council Action Meeting Date July 25, 2017 Agenda Item Approve City Council Minutes—July 11, 2017 Time Req. 0 Agenda Placement Consent Originating Department/Requestor A ' tration/Jennifer Pinski Requester's Signature Action Requested Approve Background/Justification(Please indicate any previous action has been taken or if other public bodies have been advised). See Attached. Page 5 of 58 CITY OF OAK PARK HEIGHTS TUESDAY, JULY 119 2017 CITY COUNCIL MEETING MINUTES I. Call to Order/Pledge of Allegiance/Approval of Agenda: Mayor McComber called the meeting to order at 5:00 p.m. Present: Councilmembers Dougherty, Liljegren, Runk, and Swenson. Staff present: City Administrator Johnson and City Attorney Vierling. Absent: City Planner Richards and City Engineer Mann. Councilmember Swenson, seconded by Councilmember Runk,moved to approve the Agenda. Carried 5-0. II. Council/Staff Reports: A. Mayor McComber: She reported she has had several meetings regarding the St. Croix River Crossing Ribbon Cutting event which was set for Wednesday, August 2 from 10:00 a.m. to 11:00 a.m. She also reported there was a ribbon cutting scheduled for July 12 at Archer Realty. B. Councilmember Dougherty: He reported the next Planning Commission meeting was set for July 20. C. Councilmember Liljegren: He reported the next Parks Commission meeting was set for July 17 at 7:00 p.m. at 7:00 p.m. D. Councilmember Runk: He reported the next Middle St. Croix Watershed Management Organization meeting was set for July 13. E. Councilmember Swenson: No report. F. Staff. Mayor McComber reported that John and Debbie Junker of 6198 Beach Road North were chosen as the recycling award winner. III. Visitors/Public Comment: Hank Gray, 231 North Everett Street in Stillwater and Board Member of Stillwater Area Scholastic Cycling Advocates (SASCA), came forward and complemented City Administrator Eric Johnson on his professionalism during the process of the mountain bike trail project and City staff for staff. IV. Consent Agenda: A. Approve Bills &Investments B. Approve City Council Minutes—June 27, 2017 C. Approve City Council Worksession Notes—June 27, 2017 D. Adopt Resolution Approving a Gambling Premises Permit Application Made by VFW Auxiliary to Greeder-Hinds Comfort Post 323 E. Approve Resolution for Norrell/Washington& STH 36 Traffic Study Page 6 of 58 City Council Meeting Minutes July 11, 2017 Page 2 of 3 Councilmember Runk, seconded by Councilmember Swenson, moved to approve the Consent Agenda. Roll call vote taken. Carried 5-0- V. Public Hearings: None VI. Old Business: None VII. New Business: A. Review Application for Kennel Permit for Michelle Gallagher: Councilmember Swenson, seconded by Councilmember Dougherty, moved to approve the kennel permit. Carried 5-0. B. St. Croix River Opening Celebrations: Mayor McComber reported that the Heights Hall and Club offered their space for the dignitaries to meet and there would be Minnesota Central Bus shuttle buses to transfer people to the ribbon cutting. She said there would be volunteers available for set up and take down, and there was a$150 fee for tablecloths. McComber reported that she received a quote from Kowalski's for rolls, but the Somerset and New Richmond Chambers received a donation for treats, so depending on what those treats were, the number of rolls needed could go down. To address parking, she spoke with Jim Leonard of Fury Motors who said he would have the entire front parking lot available for parking and there would be shuttles, and the Stillwater School District would have parking at the high school and junior high school for shuttle transfer. She also said she spoke with several businesses to inform them that people may be parking in their lots, and she did not hear any negative comments. She asked the City Council if they should designate one side of the streets in the City as `no parking' for emergency vehicles because the streets were narrow. The Council said yes. McComber stated she spoke with Chuck Donkers from Xcel Energy about the possibility of having an ice cream social at Oak Park Crossing Park, and he said they were on board with it and were going to cut the grass. Not knowing turnout, she thought tables and chairs should be set up for 250 attendees. She spoke with Party on Stillwater who would donate half of the tables and chairs, and volunteers from the Stillwater Area High School Honor Society would set the tables up and clean up. McComber said she would check with Summer Park Program Coordinator Zeuli for assistance from her staff and with Hank Gray for assistance from the mountain biking group. Councilmember Swenson questioned where the chairs would be placed as he was concerned about the chair legs digging into the ground and possibly damaging the cap. Mayor McComber said she would speak with Chuck Donkers about that. Councilmember Page 7 of 58 City Council Meeting Minutes July 11, 2017 Page 3 of 3 Dougherty said he would check with the Lions Club on additional table and chair donations. McComber had a proposal from Mik Mart for five ice cream trucks with novelties. Councilmember Dougherty suggested limiting novelty choices to two or three. Councilmember Runk suggested only having $1 items. She said she received a call from Collette at Xcel Energy that they would like to donate towards the cost of the ice cream social. Councilmember Dougherty suggested ordering two more porta pots at the park. City Administrator Johnson stated the City could place extra trash cans, and summer park attendants could be available that morning to clean up and attend to the trash. McComber mentioned that Councilmember Runk had suggested a banner. She said that Bayport Printing could do a 2'x 6' vinyl banner for $50 or a 3'x 6' for$65. Runk suggested the banner be just the City's name and logo so it could be used for multiple functions and be 3'x 8'. Councilmember Liljegren said he could check with someone he knows to see if the City could get a banner done for no charge. McComber asked the City Council where they would like the ad to be in the Stillwater Gazette commemorative section. The councilmembers wanted to try to get the ad in premium section, such as the front page or inside cover. Councilmember Runk suggested a quarter-page ad for the New Richmond News and Hudson Star Observer. Councilmember Swenson suggested to make sure the City gets enough copies of the commemorative section for each staff and council member. Councilmember DouLrherty_ seconded by Councilmemher Swenson, moved to approve all items in discussion. Carried 5-0. VII. Other Council Items or Announcements: None IX. Adiourn: Councilmember Liljegren, seconded by Councilmember Swenson, moved to adjourn at 5:44 p.m. Carried 5-0. Respectfully submitted, Approved as to Content and Form, Jennifer Pinski Mary McComber City Clerk Mayor Page 8 of 58 Oak Park Heights Request for Council Action Meeting Date:_ July 25'',2017 Time Required: 1 minute Agenda Item Title: Approve 2017-2018 Snow Plowing Agreement Agenda Placement: Consent A ends Originating Department/Requestor riJ n Ci A ' trator Requester's Signature Action Requested Approve 2017-2 1 Snow Plowing A eement Bac ound/Justification lease ' cate if anv vrevious action has been taken or if other public bodies have advised): The enclosed agreement represents a 2.5%rate increase over 2016-2017. Staff would recommend approval. Requested Action: Upon final review by the City Attorney and the City Administrator,authorize the City Administrator and the Mayor to finalize and execute the 2017-2018 Agreement for Roadway Snow Removal and Sanding with Raleigh Trucking. Page 9 of 58 CITY OF OAK PARK HEIGHTS AGREEMENT FOR ROADWAY SNOW REMOVAL AND SANDING Snowplowing Season:Approx. October 2017 through April 2018 1. PURPOSEANTENT A. Roadway Sanding and Snowplowing The purpose of this agreement provides the City of Oak Park Heights (hereinafter City) and M.J. Raleigh Trucking, Inc. (hereinafter called Contractor) with a mutually acceptable agreement to provide planned and emergency scheduled roadway sanding and snowplowing operations on local City streets and roadways within the City of Oak Park Heights,Minnesota. B. Routes "A"Priority Routes(which only includes 1st Priority Areas- See Exhibit A)identify high priority roads and slopes of concern. `B"routes identify all other streets and areas including both 2nd and 31d Priority routes.All routes become the Contractor's responsibility for sanding and snowplowing operations under the terms and conditions of this agreement.(All routes are depicted in"Exhibit A" as attached are provided only as a reference to the location and approximate scope of the services required under this agreement.) The City reserves the right to expand,decrease or modify the designated routes without prior written notice to the Contractor and without affecting any condition or provision contained within this agreement,including rates or compensation.Additional services shall be based on established rates. C. Administration This agreement shall be entered into with the City of Oak Park Heights,administered by the Public Works Director and under the direct operational supervision of the Public Works Director or his assigns. D. Roadway Sanding and Snowplowing Policies (1) The City's policy requires the sanding of all local streets, roads and cul-de-sacs whenever weather conditions make driving conditions hazardous. Sanding will be required during storms to maintain passable roadways and safe intersections.Following winter storms sanding operations will be coordinated with snowplowing operations. (2)The City's snow removal policy requires the removal of snow from face of curb(F-F) of ALL local streets,roads and cul-de-sacs after the accumulation of two (2) or more inches of snow. All Routes are to be completed within approximately 8 hours of notification. "A"routes are always a priority and also shall be completed by 6:00 a.m.following an overnight storm.Per City Ordinance, no parking is allowed on public streets between 1:00 a.m. and 6:00 a.m. Page 1 of 12 2017--2018 Snowplowing Contract Page 10 of 58 B. Wheel Loader Wheel loaders shall be a rubber tired, articulated type having all-wheel drive and powered by an engine with a manufacturer's rating of at least 95 brake horsepower.It shall be equipped with a front bucket with a minimum of 2.5 cubic yards or a plow with a minimum width of 10.0 feet.An optional wing plow shall be equipped with"floating"down pressure. C. Motor Grader Motor graders shall be an articulated type with a minimum 4-wheel drive powered by an engine with a minimum manufacturer's rating of at least 125 horsepower.It shall be hydraulically operated with a moldboard of 14.0' in length. If used in conjunction with the optional wing plow, it shall have a combined minimum width of 21.0'. D. Accessories&Safety Equipment. All vehicles shall be properly equipped and outfitted to meet all local,county,state or federal laws required for on-the-road emergency snow removal operations.They shall provide the operator with full visibility in all directions and shall have a back-up warning system.The operator's cab shall be fully enclosed and property equipped with all equipment necessary to allow the efficient and safe operation of that vehicle. The City reserves the right to reject at any time, without notice to the Contractor, any vehicle that does not appear to comply with all rules or regulations required for over-the-road snow removal operations. Rejection of vehicle acceptability will also take into consideration the condition and limitations of operation of the vehicle or its accessory equipment. E. Vehicle DesigLiation/Replacements Upon request, the Contractor shall provide to the City a copy of their certificate of title which includes the vehicle identification number(if available)and license plate number to the City within ten days of the request. After inspection by the City, those vehicles acceptable for performance under this contract will be verified by the City.Except for emergencies,any planned substitution or replacement of previously approved equipment shall require prior written approval by the City. 4. OPERATION&MAINTENANCE A. Operator The Contractor shall ensure that the operator provided with each piece of equipment is fully trained and properly licensed with the State of Minnesota to operate the bid vehicle or any anticipated replacement. The Contractor shall make every effort possible to ensure that the same operators perform the sanding and plowing operations during the length of the agreement. Page 3 of 12 2017--2018 Snowplowing Contract Page 11 of 58 B. Response Time The Contractor shall be able to respond and begin sanding operations within one (1)hour and no later than three(3)hours from the start time requested by the City for any given sanding or plowing request. The Contractor shall be able to respond and begin snow removal operations within two (2)hours and no later than four(4)hours from the start time requested by the City for any given snow removal request. The Contractor shall ensure that the equipment and operator are ready and able to continuously provide snow removal services through the completion of the routes designated in the attached exhibits as directed by and to the satisfaction of the City. In all cases, the Contractor shall ensure that the equipment and operator are ready and able to continuously provide services through the completion of the routes designated in the attached exhibits and as directed by and to the satisfaction of the City. The Contractor shall not allow any given operator to work more than 16 consecutive hours without an eight hour break.The contractor is responsible for providing replacement personnel if operations require more than 16 consecutive hours of operation.The 16 consecutive hours shall include all operations by the equipment operator, whenever under the City contract, operations under other contracts held by the Contractor, or by other employees of the operator. C. Down Time The Contractor shall ensure that all equipment provided is maintained in a proper manner and condition to minimize required maintenance or emergency repairs during the performance of sanding operations. If, once commencing a sanding operation, a piece of equipment becomes disabled and non-functioning for a period of three (3) consecutive hours, the Contractor shall provide a satisfactory replacement vehicle and operator if necessary at no additional cost to the City. The Contractor shall immediately notify the City if it cannot meet the requirements of this agreement due to disabled equipment or for any other reason. D. Communications The Contractor will maintain communications with the City through cellular phones at no cost to the City.The Contractor shall ensure that the operator maintains full availability for communication at all times during the operations.The Contract will maintain continuous communications with their operators such that directions from the City can be passed to the operators in a timely fashion. E. Authori!3/Direction The Contractor and his designated operators shall respond to all directions given by the City in a positive,courteous and timely manner during the sanding and snow removal operations. The City reserves the right to reject any piece of equipment or operator from continued or further engagement of services due to incompetence or insubordination or inability of the piece of equipment to function properly for the requested services. The Contractor shall begin the sanding and snow removal operations at a designated point and follow a specific progression as direction by the City. Page 5 of 12 2017--2018 Snowplowing Contract Page 12 of 58 8. INSURANCE/LIABILITY/CLAIMS A. Indemnification The Contractor indemnifies, saves and holds harmless the City and all of its agents and employees of and from any and all claims, demands, actions or causes of action of whatsoever nature or character arising out of or by reason of the Contractor's performance under this agreement. It is hereby understood and agreed that any and all employees of the Contractor and all other persons employed by the Contractor in the performance of services under this agreement, required or provided for hereunder by the Contractor shall not be considered employees of the City and that any and all claims that may or might arise under the Workers Compensation Act of the State of Minnesota on behalf of said employees while so engaged in any and all claims made by any third parties as a consequence of any act or omission on the part of said Contractor's employees while so engaged in the performance of these services,to be rendered herein by the Contractor shall,in no way,be the obligation or responsibility of the City. B. Insurance The Contractor shall, at his sole cost and expense, carry and maintain general and public liability and property damage insurance coverage of $600,000 for any one accident and $1,000,000 aggregate protecting the Contractor,his employees and the City against any and all claims of any kind or character whatsoever arising from damage,injury(including bodily injury or death)caused by or arising from the operation and use of the machine at the request of the City. Such insurance shall be in full force and effect during the time that the machine is operated at the request of the City. Such insurance policy shall provide for a minimum of 30 days written notice to the City Clerk of cancellation, non-renewal or material change of the required insurance coverage. The requirement and approval of this insurance by the City shall not in any way relieve or decrease the liability of the Contractor. It is expressly understood that the City does not in any way represent that the specified limits of liability or coverage or policy forms are sufficient or adequate to protect the interest or liabilities of the Contractor. Copies of the insurance certificates shall he filed with the City on execution of this agreement. C. Legal Compliance The Contractor agrees to comply with all State and Federal laws and local ordinances governing the employment of personnel including, but not limited to, Minnesota Statute Section 181.59 relating to discrimination in employment,and Section 290.07 requiring the certification of income tax withholding. D. Claims The Contractor agrees to process and resolve all claims submitted by affected property owners of the City of Oak Park Heights in a timely manner. Page 7 of 12 2017--2018 Snowplowing Contract Page 13 of 58 B. If during the term of this contract or any extension thereof, it is discovered that the Contractor is not in compliance with the applicable statues and regulations or if the Contractor engages in any discriminatory practices, then the City may cancel this agreement as provided by the cancellation clause. 14.NON-ASSIGNMENT. This contract is not assignable by either party without the express written consent of the other. Additionally, the services contracted for under this agreement shall not be sub-contracted out by Contractor without the express written consent of the City. IN WITNESS WHEROF,the parties have set forth their hands and seals this �/day of '2017. CONTRACTOR—M.J.RALEIGH TRUCKING,Inc. B J Mr.Mike Raleigh STEVEN NNE R / NOTARY PUBLIC -WC•MINNE507A in 31, .-•� �•'`•" ° � for Contractor's Signatur CITY OF OAK PARK HEIGHTS By: Mary McComber-Mayor Date By: Eric Johnson—City Administrator Date Notary for City: Page 9 of 12 2017--2018 Snowplowing Contract Page 14 of 58 x r o 00 to ^T A,A, T _ CD cc14 L @SSS O Y ✓w E.: x .� r.. �• m C) d.. k r 7Q 1d ',S7'�41 221)f��J VVVVVIY ii nrrrr Page 11 .-..�. .... r. •nb wnai aa.a Page 15 of 58 MMMDNYM ,a► v�� CERTIFICATE OF LIABILITY INSURANCE �i�so� 2o 17 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(les)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). PRooueERMCNTA 001 --- - Kei.ster and Keister Agency PHONE - (651)430-1666 FiyGNol:(681)430-1908 IAIC.No.ENO 6750 Stillwater Blvd. N. m'¢p P. O. Box 469 _ INSURER(S)AFFORDING COVERAGE MAIC A _ Stillwater MN 55082 INSURERA_Aauity It1sl4ra.11CO Co. - 114184 - INSURED Mj Raleigh Truckin Ina INSURER_C; PO Box 261 IN RERD; —� P.O. Box 261 - INSURER Stillwater HN 55082 INSURER F: COVERAGES CERTIFICATE NUMBER:CT,171300443Q REVISION NUM13ER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIQNS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. _-- . 111iSR'---1`—__-___ AD SU9Rr',------'-4----"-`---`._,_��_,_.-__.... PppLIC'YEFF-'—POLICYE3tP T TYPE OF INSURANCE P ICY U B R M! :ff it" LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 i-_ fOANKOETo f2 �D 100,04Q CLAIMS-MADE L 7C J OCCUR I LPMISES(Ee occurrence) $ X Y L18161 12/18/2017 2/18/2018 1 MED EXP(Any ane person) $ 5,000. PERSONAL&ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE —1,$ 2,000,000 _X i POLICY jC� i_��LOC l FPROOUCTB COMP/OP AGG I$ 2,000,000 r-� _.._______ OTHER: AUTOMOBILE LIABILITY II I LE 1$ 1,000,0001 S"t1.___-- _ IIr M'ANY AUTO I ! SODILY INJURY(Per person) $ I X ALLOWNED ULE© AUTOS AUTOS L18161 2/18/2017 2/18/,?0,18 ;BODILY INJURY(Per accident) $� NON-OWNED I I P'(FOPEf2TY�AMAGrE $ HIREDAUTOS l_ AUTOS li Far. i feM� 116 I Underinsured mon4t81s it $ _1,000,000 ``-- UMaRELLA LlAB I OCCUR f EACH OCCURRENCE $, 4,000,000 A i X 1 EXCESS LWR I_ I CLAIMS-MADE: I I I C AR REGATE $ 4,000 10Q0 _I---.--_..._...._..___ I - .— DED RETENTI '$ L18161 2f18/2017 12/18/2018 g WORKERS COMPENSATION I gTA7UTE A ES AND EMPLOYERS'LIABILITY R Y/N I —ANY PROPRIETOR/PARTNER/EXECUTIVE I I ;E.L.EACH ACCIDENT $ SO0 000 N/A OFFICERIMEMBER EXCLUDED? �) J1�_ A (Mandatory in NH) j L10161 2/18/2017 2/18/2018 I E.L.DISEASE-EA EMPLOYES 500,000 If yes,describe under l I 1 r'�"-'-.`-_' ---- DESCRIPTION OF OPERATION below i I E.L.DISEASE-POLICY LIMIT 1$ "00 ORO a Equipment Blanket 3chedUia" !L10161 1 2/7.8/2017 i 2/18/2017 I I � DESCRIPTION OF OPERATIONS!LOCATIONS/YI'altICLF;S(ACORD 105,Additional Remarks Schadula,stay be a5laohad H mora apace Is squired) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Oak Park Heights THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 14168 North 57th St ACCORDANCE WITH THE POLICY PROVISIONS, Oak Park Heights, M 55082 AUTHORIZED REPRESENTATR .. 5teven 1.eiFJ'!er/vTEVE 0.71888-2014 ACORD CORPORATION, All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD INS025 onidnii Page 16 of 58 F M t• City of Oak Park Heights 14168 Oak Park Blvd. N•Box 2007.Oak Park Heights,MN 55082•Phone(651)439-4439•Fax(651)439-0574 6/29/17 TO: Mike Raleigh, Raleigh Trucking PO BOX 261 Stillwater, MN 55082 FROM: Eric Johnson,City Administrator RE: 2017-2018 Snowplowing Dear Mike: Enclosed you will find the 2017-2018 Snowplowing Agreement we discussed on 6/28/17. Please note three points: 1. You indicated a 2.5%rate increase over last year.This has been implemented, please see the rate sheet in the exhibit B. 2. Except for Item 14"Non-Assignment'the language remains the same.This short edit ensures the City that your firm will be our provider unless the City consents to a change. 3. If you would please sign both copies as enclosed and return to my attention prior to July 141, it would be appreciated. Please let me know if you have any questions. Kind Regards Eric Johnson City Administrator Cc: Weekly Notes Page 17 of 58 THIS PAGE INTENTIONALLY LEFT BLANK Page 18 of 58 *I Oak Park Heights Request for Council Action Meeting Date: Tuesday July 25th 2017 Agenda Item: Summer 2017 Blvd & Park Tree Pruning and Removals List Time Req. 1 Minute Agenda Placement: Consent Originating Department/Requ tor: Public Works, Andy Kegley, Public Works Director Lisa Danielson, Arborist Requester's Signature Action Requested: Award tile Summer 2017 Tree Pruning and Removal Project to St. Croix SavATree Please See Attached Memo. Page 19 of 58 t City of Oak Park Heights 14168 Oak Park Blvd N.•Box 2007.Oak Park Heights,MN 55082•Phone(651)439-4439•Fax 439-0574 Memorandum To: Andy Kegley, Public Works Director Cc: Eric Johnson, City Administrator, Mayor and Council From: Lisa Danielson,Arborist ID Date: 07/18/2017 Re: City of Oak Park Heights Summer 2017 Boulevard& Park Tree Pruning and Removal List Attached is a copy of a quote that was submitted from a tree service for the Summer 2017 City of Oak Park Heights Boulevard & Park Tree Pruning and Removals List. Trees included on the list are along City boulevard right-of-ways, City trails and in City parks. Trees to be removed are dead, a nuisance or pose a risk. Trees to be removed have been marked with a bright orange "X" or a bright orange ring on the street or park side of the trunk. The list includes location, tree species, sizes, and work to be done. A number of boulevard trees are being pruned of hanging, broken branches, pruned for maintenance and many others are being pruned due to low hanging branches in need of pruning for clearance indicated by a "CL" in accordance with the standards of acceptable arboriculture practices and subject to approval of the City Arborist. Quote requests were sent to (2) two tree services that have done work for the City in the past; one tree service provided a completed quote by the deadline. The quote submitted by the deadline was from St. Croix SavATree for $17,835.00. The project will be funded from the City's budgeted projects tree removal fund. All information requested in the quote request packet was received and complete, therefore I'll make the recommendation that St. Croix SavATree be awarded the project. TREE CITY U.S.A. Page 20 of 58 Submitted Quote Totals and Information MN Dept of Ag On Time Itemized OPH Tree Provided Supervisor Certified Eq. EHAP Company and List References contact ISA List Tree Certified Care Quote$ complete Provided License Company Registry License St.Croix SavATree Y Y Y Y Y Y Y Y Y $17,385 Quote was not YTS N/A N/A N/A N/A Y N/A Y N/A Y submitted Attachments: • Summer 2017 Blvd & Park Tree Pruning and Removals List Quote Request Packet • Submitted Quote: -St. Croix SavATree 2 TREE CITY U.S.A. Page 21 of 58 Lisa Danielson From: Christopher Muehleck <cmuehleck@savatree.com> Sent: Wednesday,July 12, 2017 8:56 AM To: Lisa Danielson Subject: RE:Summer 2017 Tree Pruning and Removals List Quote Request Thanks Lisa! I'll get working on this. Thank you for choosing SavATree. We are committed to 100%client satisfaction. If for some reason your customer experience did not meet your expectations,please contact me or my manager right away. Christopher Muehleck I District Manager I SavATree I Afton Office T#(715) 749-3475 x13205 I C#651-295-3940 1 cmuehleck@savatree.com Don Becker I Chief Operating Officer I SavATree I Corporate Office T#(914) 864-3156 1 C# (914)403-6688 1 dbecker@savatree.com Who do you know that could benefit from working with us on their trees, shrubs and lawn? SavATree Referral Program From: Lisa Danielson [mailto:LDanielson@cityofoakparkheights.com] Sent: Monday, July 10, 2017 10:12 AM To: Christopher Muehleck Subject: Summer 2017 Tree Pruning and Removals List Quote Request Hi Chris, Attached is the quote request packet for the City of Oak Park Heights Summer 2017 Boulevard&Park Tree Pruning and Removals List with details and other important information.Work items are located along City boulevard right-of-ways, City trails,and in City parks. Please use the attached spreadsheet when preparing your itemized quote work the following tree work items(#1-156).The deadline for submission of quotes is Tuesday,July 18"at NOON for consideration at the City of Oak Park Heights City Council Meeting on Tuesday,July 25th 2017. Quotes may be submitted in person at City Hall, mailed,faxed (651)-439-0574, or sent electronically to me via email. If you have any other questions feel free to contact me. Thank You, Lisa Danielson City of Oak Park Heights,Arborist (651)-439-4439 Idanielson@cityofoakparkheights.com This email has been scanned by the Symantec Email Security.cloud service. For more information please visittom://www.Umanteccloud.com i Page 22 of 58 Lisa Danielson From: Lisa Danielson Sent: Monday,July 10,201710:14 AM To: 'tim.sether@ytsco.com' Subject: Summer 2017 Tree Pruning and Removals List Quote Request Attachments: Quote Request Packet.pdf,Summer 2017 Blvd & Park Tree Pruning and Removals List.pdf,2017 Summer Tree Quote Form.xlsx Iii Tim, Attached is the quote request packet for the City of Oak Park Heights Summer 2017 Boulevard&Park Tree Pruning and Removals List with details and other important information. Work items are located along City boulevard right-of-ways, City trails,and in City parks. Please use the attached spreadsheet when preparing your itemized quote work the following tree work items(#1-156).The deadline for submission of quotes is Tuesday,July 181h at NOON for consideration at the City of Oak Park Heights City Council Meeting on Tuesday,July 25tt'2017. Quotes may be submitted in person at City Hall, mailed,faxed (651)-439-0574,or sent electronically to me via email. If you have any other questions feel free to contact me. Thank You, Lisa Danielson City of Oak Park Heights,Arborist (651)-439-4439 Idanielson@cityofoakparkheights.com 1 Page 23 of 58 0 City of Oak Park Heights 14168 Oak Park Blvd N. •Box 2007•Oak Park Heights,MN 55082• Phone(651)439-4439• Fax 439-0574 Quote Request 07/11/2017 Summer 2017 Boulevard & Park Tree Pruning and Removals List Included in this packet is important information and details for preparing and submitting a quote for the City of Oak Park Heights Summer 2017 Boulevard& Park Tree Pruning and Removals List. Instructions to Tree Contractors Location of the Work Trees included in this quote request are along City boulevard right-of-ways,City trails and in City parks.(Please see included itemized list for addresses,park locations,and comments for specific tree locations along trails). General Description of the Work The work to be performed consists of tree pruning and tree removals of specified deciduous and evergreen trees within City boulevard right-of-ways,City trails,and in City parks.Trees to be removed are a nuisance,dead or pose a risk.Trees to be removed are marked with a bright orange"X"or a bright orange ring on the street or park side of the trunk. Note that the trees marked for removal include removal of the tree and debris. A number of boulevard trees on the list are being pruned of hanging broken branches,pruned for maintenance,and many others are being pruned due to low hanging branches for clearance indicated by a"CL"in accordance with the standards of acceptable arboriculture practices,as outlined in the Technical Specifications and subject to the approval of the City Arborist. (See included itemized list for tree species,sizes and specifics on work to be done for each tree). Information Concerning Working Conditions Contractors should inform themselves of the conditions under which the work is to be performed concerning the site of the work, the obstacles which may be encountered, and all other relevant matters. Once the contract is awarded,the contract shall not be allowed any extra compensation by reason of any matter or thing concerning which the bidders may have informed themselves of prior to the bidding. Quote Submission Requirements Please prepare an itemized quote for all of the tree work items(1-156) (Please see attached itemized list for tree species,sizes and specifics on work to be done for each tree). The contractor's quote for the tree pruning and removals can be submitted in person at the City of Oak Park Heights City Hall,sent electronically via email:(Idanielson@cityofoakparkheights.com), mailed:City of Oak Park Heights Attn:Lisa Danielson 14168 Oak Park Blvd N.PO.Box 2007,Oak Park Heights,MN 55082-2007 or faxed Page 24 of 58 (651)439-0574.Contractors should submit a copy of their current Certificate of Liability Insurance Coverage along with their quote,if they are not already licensed in the City of Oak Park Heights for 2017.The contractor should also submit a copy of the completed page in this packet entitled"Contractor Qualifications."The deadline for submission of all requested items is 12:00 PM on Tuesday,July 18"2017(for consideration at the City of Oak Park Heights City Council Meeting on Tuesday,July 25th 2017). Basis of Contract Award The City reserves the right to accept or reject any quote.The award of the tree pruning and removals contract is based in part on the lowest quote;however,the City reserves the right to factor past work,references and available equipment into their decision regarding the work award.The awarded contractor will be contacted by phone within a timely manner by the City Arborist after the date of the City Council meeting in which the quote was considered at. Licensing:Tree services working in the City of Oak Park Heights must have a current Tree Worker's License. This license may be obtained from City staff at City Hall upon presentation of proof of current Liability Insurance Coverage,proof of current Worker's Compensation Insurance,and payment of the license fee.A current City of Oak Park Heights Tree Worker's License is required before any contract work is done for the City. Note:Tree service workers also need to have EHAP (electrical hazard) certification.The City usually hires companies which have ISA Certified Arbonsts on staff and, preferably, as crew supervisors/workers in the field. A Minnesota Department of Agriculture Minnesota Tree Care Company Registry License is also required by Minnesota Statues Chapter 18G.07. Proiect Completion Date The City of Oak Park Heights Summer 2017 Boulevard&Park Tree Pruning and Removals List is to be completed no later than Thursday,August 31st 2017. Subcontractors The tree pruning and tree removals contract will be between the City and the contractor which has submitted the successful quote.The contractor shall not execute an agreement with any subcontractor to perform any portion of the work unless the contractor has received written approval for such subcontractor from the City of Oak Park Heights. Payment for Work Performed Payment of the Summer 2017 Boulevard&Park Tree Pruning and Removals List contract will be made on the basis of the quoted unit prices for the work performed. The tree contractor shall be paid for the work performed after completion of work,submission of an itemized invoice to the City of Oak Park Heights,and inspection of completed work by the City Arborist. If it is determined upon inspection that the required work has not been fully completed, the contractor will be notified and will be paid only upon satisfactory completion of all work. QUESTIONS? Contact: Lisa Danielson, City of Oak Park Heights, City Arborist, (651)-439-4439, or via email Idanielson@cityofoakparkheights.com Page 2 of 5 Page 25 of 58 Technical Specifications 1. Inspection of the Site Contractors should acquaint themselves with the existing conditions relating to the tree pruning or tree removal as indicated by each location on the itemized list and should inform themselves as to the facilities involved, the difficulties,and the restrictions that may be encountered in the performance of the contract. 2. Method of Measure Each tree shall be estimated by the City as part of compiling the list of trees to be removed and pruned.The diameter of the tree shall be estimated at breast height(4.5 feet above ground level).If the tree is forked at a point less than 4.5 feet above the ground,the diameter will be estimated below the fork.If there is a clump of multiple stems,each stem will be estimated individually. For trees with multiple trunks,which are each less than 10 inches in diameter, the trunks will be added togetherto determine size class.For trees with multiple trunks,which are each greater than 10 inches in diameter,the trunks will be counted separately and put in the appropriate size class. 3. Pruning of Trees alone City Boulevard Right-of-Ways,City Trails and City Parks A. All pruning shall be done in a professional manner in accordance with arboricultural standards (ANSI A- 300)and subject to the approval of the City Arborist.Pruning required is a combination of cleaning,thinning and raising.Trees are to be pruned on all sides including suckers,except as noted on the quote form and/or itemized Summer 2017 Boulevard&Park Tree Pruning and Removals List. B. The goals for pruning will be to improve crown structure,to eliminate present conflicts while preventing future problems,and to maintain an acceptable appearance of the pruned trees.The overall objective of pruning is to shape the tree to its natural and characteristic form.No'topping'of trees will be performed, and no more than(1/4)one-quarter of a tree's crown will be removed.'Lion tailing,'or creating branches with most of the weight at the ends is not allowed. C. Pruning of trees will primarily involve a tree maintenance operation including: 1. The removal of dead,diseased,damaged or weakened branches. 2. The maximum size live branch to be removed is 5 inches in diameter;the minimum size live branch to be removed is 1 inch in diameter.No branches greater than 5 inches in diameter should not be removed without consulting the City Arborist. 3. The removal of other competing and interfering branches such as: a. Branches growing toward the center of the crown b. Branches competing with the main leader c. Branches occupying space in the periphery of the crown required by other branches for development Page 3 of 5 Page 26 of 58 4.The removal of low hanging branches and limbs including: a. those interfering with private property vegetation and structures(parks- prune 8 feet above fences and 14 feet above turf areas) b. those interfering with sight lines at intersections c. those blocking traffic signs or street lights d. those hanging less than 16 feet over the public thoroughfare e. those hanging less than 16 feet over the driveway of the adjoining residence 5. The tree should be pruned on all sides and balanced as well as possible,this includes the removal of suckers around the base of the trunk and sides of the trunk if present. 4. Electrical Hazards In some areas,trees and branches are growing in or near powerlines. Only qualified line clearance tree trimmers, per ANSI Z133.1,shall work within 10 feet of electrical conductors and/or an electrical hazard.Tree contractors must be able to show proof of current Electrical Hazard Certification (EHAP-Electrical Hazard Awareness Program) if trees in the work list are growing in or near powerlines. S. Disposal,Clean-Up and Access A. Disposal and Clean-Up The contractor shall arrange for the removal and disposal of all tree materials including: branches, twigs, leaves, chips and sawdust. The contractor will be required to clean-up the street and boulevard at the completion of each working day.All costs of disposal and clean-up should be included in the quote. B. Access The contractor may utilize City streets for the removal operation, provided that traffic access is available. City of Oak Park Heights,Public Works Director,Andy Kegley,(651)-439-4439,should be notified prior of closure(partial or entire)if this is necessary. Page 4 of 5 Page 27 of 58 4k 2017 Contractor Qualifications 1. List of References/Similar Projects Company or City Contact Name Phone Number Last Work Date 2. Name of person who will supervise this work and the number of years of experience Is this supervisor an ISA Certified Arborist? Certificate Number: Expiration: (Required) 3. List motorized equipment available for this contract. List type,size(i.e. 2 ton truck) 4. List other available equipment such as chippers, loaders, power saws,ect. 5. Does your company have a current (2017) City of OPH Tree Worker's License? (Required before starting work) 6.Are workers currently certified(EHAP)to work around electrical hazards? (Recommended for all tree work but Required if overhead power lines are in the work area) 7. MINNESOTA TREE CARE COMPANY REGISTRY-License Number: (Required by Minnesota Statues Chapter 18G.07) Page 5 of 5 Page 28 of 58 City of Oak Park Heights 2017 Summer Boulevard & Park Tree Pruning and Removals List Work Item#'s indicating a CL denoted after indicates: Prune trees only for 16 feet clearance over street (and driveway,if necessary).Additional instructions, if any, in Comments section. WORK LOCATION SPECIES Size Comments ITEM# (Address or Park) (trunk diameter in inches) 1 13215 56th Street N Hackberry 10 Prune tree and raise canopy on all sides i 2 1321556 1h Street N Hackberry 11 Prune tree and raise canopy on all sides 3 5935 O'Dell Ave N Norway Maple 9 Marked with orange"X",Remove tree and debris, grind stump and any major surface roots,restore site with black dirt&grass seed 4 5935 O'Dell Ave N Norway Maple 13 Prune tree, Near street light,possible stem girdling root,landscape block around base 5 5921 O'Dell Ave N Ash 15 Prune tree,exposed roots 6 5905 O'Dell Ave N Ash 14 Prune tree,exposed roots 7 5904 O'Dell Ave N Ash 17 Prune tree,exposed roots on driveway side of tree 8 North of 5904 Ash 12 Marked with orange"X",Remove tree and debris, O'Dell Ave N grind stump and any major surface roots, restore site with black dirt and grass seed 9 North of 5904 Ash 13 Marked with orange"X", Remove tree and debris, O'Dell Ave N grind stump and any major surface roots,restore site with black dirt and grass seed Page 29 of 58 10 North of 5904 Ash 12 Marked with orange"X Remove tree and debris, O'Dell Ave N grind stump and any major surface roots,restore site with black dirt and grass seed 11 North of 5904 Elm 2 Marked with orange"X", Remove tree and debris, O'Dell Ave N grind stump and any major surface roots,restore site with black dirt and grass seed 12 13992 55th Street N Ash 17 Prune tree to ensure crosswalk signs and flashing (Oakgreen Ave N lights are visible side of yard) 13 15055 53`d Street N Crabapple 11.5 Prune tree 14 15055 53rd Street N Norway Maple 7.5 Prune tree 15 1419754 th Street N Ash 14 Prune tree 16ft on all sides (O'Brien Ave N side of yard) 16 14197 54th Street N Silver Maple 18 Prune tree 16ft on all sides (O'Brien Ave N side of yard) 17 14197 54th Street N Ash 12 Prune tree 16ft on all sides (O'Brien Ave N side of yard) 18 14197 54th Street N Silver Maple 17 Exposed roots, Marked with orange"X",Remove (O'Brien Ave N side tree&debris,grind stump&any major surface of yard) roots, restore site with black dirt&grass seed 19 14197 54th Street N Silver Maple 17 By the mailbox,exposed roots,Marked with orange"X", Remove tree&debris,grind stump& any major surface roots,restore site with black dirt &grass seed 20 5500 O'Brien Ave N Silver Maple 23 Exposed roots,Prune tree and raise canopy 21 5500 O'Brien Ave N Ash 16 Left of driveway, Prune tree,broken hanging branch,and raise canopy Page 2 of 13 Page 30 of 58 22 5500 O'Brien Ave N Silver Maple 20 Exposed roots, Prune tree and raise canopy 23 5574 O'Brien Ave N Hackberry 9 South of driveway,Marked with orange"X", Remove tree&debris,grind stump&any major surface roots, restore site with black dirt&grass seed 24 1447555 Ih Street N Ash 18 East of driveway,leaning,Marked with orange"X", Remove tree&debris,grind stump&any major surface roots,restore site with black dirt&grass seed 25 14480 551h Street N Norway Maple 15 East of driveway,decayed branch. Marked with orange"X", Remove tree&debris,grind stump& any major surface roots,restore site with black dirt &grass seed 26 14421 Upper 56th Maple 11 Holes,decayed,dying.Marked with orange"X", Street N Remove tree&debris,grind stump&any major surface roots, restore site with black dirt&grass seed 27 14400 Upper 56th Maple 19 Near street light,decayed dead.Marked with Street N orange"X",Remove tree&debris,grind stump& any major surface roots,restore site with black dirt &grass seed 28 West side of trail Elm 6,7 Dead, Marked with orange ring,Remove tree& behind City Hall on debris,grind stump&any major surface roots, the way back to (multi- restore site with black dirt&grass seed Well#2 stemmed) 29 West side of Crabapple 10,7 Prune tree&raise canopy Oldfield Ave under powerlines,S of (multi- trail,next to OPH stemmed) trail post 30 West side of Crabapple 5 Dead, Marked with orange ring,Remove tree& Oldfield Ave under debris,grind stump&any major surface roots, powerlines, N of restore site with black dirt&grass seed trail 31 East side of Crabapple 3 Prune tree Oldfield Ave, North of trail 32 East side of Crabapple 5 Prune tree and raise canopy to increase crosswalk Oldfield Ave,South sign visibility of trail Page 3 of 13 Page 31 of 58 33 East side of Crabapple 4 Prune tree and raise canopy to increase crosswalk Oldfield Ave,South sign visibility of trail 34 East side of Crabapple 4 Prune tree Oldfield Ave,South of trail 35 N side of chainlink Japanese tree 3.5 Dead, Marked with orange ring,Remove tree& fence at Swager lilac debris,grind stump&any major surface roots, Park restore site with black dirt&grass seed 36 5857 Olinda Ave N Silver Maple 25 Prune branches hanging over driveway, homeowner request 37 East side of VV Spruce ^25' Dying, Marked with orange ring,Remove tree& Park Entrance Road debris,grind stump&any major surface roots, restore site with black dirt&grass seed 38 VV Park N of Oak 15 Dead, Marked with orange ring,Remove tree& Dumpster debris,grind stump&any major surface roots, Enclosure restore site with black dirt&grass seed 39 VV Park N of Oak 13.5 Dead, Marked with orange ring,Remove tree& Dumpster debris,grind stump&any major surface roots, Enclosure restore site with black dirt&grass seed 40 VV Park N of Oak 8.5 Dead, Marked with orange ring,Remove tree& Dumpster debris,grind stump&any major surface roots, Enclosure restore site with black dirt&grass seed 41 VV Park N of Oak 15.5, 18.5, Dead,Marked with orange ring,Remove tree& Dumpster 12,17 debris,grind stump&any major surface roots, Enclosure restore site with black dirt&grass seed (clump) 42 15015 65th Street N Ash 26 By stop sign, Prune tree and prune for clearance (on Panama Ave N) Page 4 of 13 Page 32 of 58 43 1501565 Ih Street N Ash 22.5 Prune tree 44 15033 65th Street N Silver Maple 27 Prune tree 45 15033 65th Street N Ash 21 Prune tree 46 1507565 th Street N Silver Maple 30.5 Prune tree 47 15075 651h Street N Silver Maple 24 Prune tree 48 15223 651h Street N Crabapple 7 Prune tree 49 15174 64th Street N River Birch 15 Near overhead utility lines,Prune tree and raise canopy 50 6395 Pecan Ave N Silver Maple 27 Prune tree and raise canopy 51 6395 Pecan Ave N Locust 26 Prune tree and raise canopy 52 6385 Pecan Ave N Norway Maple 12.5 Prune tree,Poor condition,large trunk wounds, consider removal in the future 53 6375 Pecan Ave N Norway Maple 12 Prune tree 54-CL 6375 Pecan Ave N River Birch Multi- Near utility pole and overhead utility lines, stemmed, clearance only 10" diameters 55 6365 Pecan Ave N Silver Maple 15 Near overhead utility lines,prune tree 56 6365 Pecan Ave N Basswood 23 Sapsucker injury,near overhead utility lines,prune tree Page 5 of 13 Page 33 of 58 57' 15244 Upper 63rd Ash 11 Leaning, Prune tree Street N 56 15244 Upper 63rd Norway Maple 11 Prune tree Street N 59 6340 Peacan Ave N Norway Maple 16 Exposed root, near overhead utility lines,prune (on Upper 63rd tree Street N side of yard) 60 East of 15227 Norway Maple 16 Near utility pole, prune tree Upper 63rd Street N 61 15200 Upper,63r6 Silver Maple 22 Prune tree Street N 62-CL 15148&15158 Prune tree for Clearance over Street only Upper 63rd Street N 63-CL 6337 Paris Ave N Silver MapVe 15 Prune tree for Clearance over street only (Upper 63rd Street side of yard) 64 6337 Paris Ave N Ash 18 Prune tree,Previously marked for removal, next to (Upper 63rd Street utility pole side of yard) 65 6367 Paris Ave N Ash 24 Prune tree for Clearance over Upper 63rd Street N only,Remove broken hanging branch near street sign&stop sign 66 1515763 d Street N Crabapple 3 Near overhead utility lines, prune tree 67 15157 63rd Street N Crabapple 3 Near overhead utility lines,prune tree 68 1522163rd Street N Japanese tree 4 Prune tree lilac'Ivory silk 69-CL East of 1522163rd Walnut 7,8(Multi- Near utility pole,prune for clearance Street N stemmed) 70 15240 63rd Street N Silver Maple 34.5 Prune tree Page 6 of 13 Page 34 of 58 71 1524263 d Street N Silver Maple 25.5 Prune tree 72 1524263 d Street N Silver Maple 25.5 Prune tree 73 1508764 Ih Street N Crabapple 2 Prune tree 74-CL 1508764 Ih Street N Silver Maple 29 Prune tree for Clearance over street only 75 15067 64th Street N Japanese tree 3 Near overhead utilities,Prune tree lilac 76 1506764 th Street N Japanese tree 3 Near overhead utilities, Prune tree lilac 77-CL 6399 Panama Ave Silver Maple 22 Prune tree for Clearance only,near utility pole with N (641h Street N street light side of yard) 78 15026 Upper 63rd Ash 17 Near overhead utility lines, Prune tree Street N 79 6337 Panama Ave Ash 18 Near overhead utility lines, Prune tree N(Upper 63rd Street N side of yard) 8p 6337 Panama Ave Paper Birch 10 Leaning,near utility pole with street light,Prune N(Upper 63rd tree Street N side of yard) 81-CL 15055 Upper 63rd Silver Maple 48 Near overhead utility lines,Prune tree for Street N clearance over street 82-CL 15055 Upper 631d Silver Maple 46 Near overhead utility lines,gall on south side of Street N trunk, Prune tree for clearance over street 83-CL 15055 Upper 63'd Silver Maple 43 Near overhead utility lines, Prune tree for Street N clearance over street 84 15058 Upper 63'd Norway Maple 6.5 Prune tree Street N Page 7 of 13 Page 35 of 58 85 15063 Upper 63rd Flowering 3.5 Near utility pole,prune tree Street N Crabapple 86-CL 15074 Upper 63rd Silver Maple 40 Prune tree for clearance over street only Street N 87-CL 15074 Upper 63rd Norway Maple 40 Prune tree for clearance over street only Street N 'Crimson King' 88 6332 Paris Ave N Japanese tree 2.5 Near overhead utility lines,Prune tree (Upper 63rd Street lilac'Ivory silk' N side of yard) 89 6332 Paris Ave N Japanese tree 2.5 Near overhead utility lines, Prune tree (Upper 63rd Street lilac'Ivory silk' N side of yard) 90 6332 Paris Ave N Japanese tree 2.5 Near overhead utility lines,Prune tree (Upper 63rd Street lilac'Ivory silk' N side of yard) 91 6332 Paris Ave N Japanese tree 2.5 Near overhead utility lines,Prune tree (Upper 63rd Street lilac'Ivory silk" N side of yard) 92-CL 6310 Paris Ave N Ash 15 Near overhead utility lines,Prune tree for (631 Street N side clearance over street only of yard) 93-CL 15105 63rd Street N Honeylocust 19 Prune tree for clearance over street only 94 15100 63rd Street N Silver Maple 22 Exposed roots,prune tree 95 15095 63rd Street N Japanese tree 2.5 Near overhead utility lines,Prune tree lilac 96 15095 63rd Street N Japanese tree 2.5 Near overhead utility lines,Prune tree lilac 97-CL 15090 63rd Street N Silver Maple 30 Prune tree for Clearance over street only 98 15070 6316 Street N Norway Maple 12.5 Prune tree Page 8 of 13 Page 36 of 58 99 1505163rd Street N Crabapple 8(multi- Near overhead utilities, Prune tree stemmed) 100 6307 Panama Ave Hackberry 13 Prune tree N(on 63rd Street N side of yard) 101 15015 63rd Street N Ash 18 Near overhead utility lines,Prune tree 102 15015 63rd Street N Ash 13 Near overhead utility lines, Prune tree 103 15048 62nd Street Maple 5 Near overhead utility lines,prune tree and raise N canopy over street 104-CL 1507262 nd Street Ash 18.5 Near overhead utility lines,Prune tree for N clearance over street 105-CL 15082 62nd Street Ash 18 Near overhead utility lines, Prune tree for N clearance over street 106-CL 15085 62"d Street Ash 23 Near overhead utilities,Prune tree for clearance N only over street only 107-CL East of 15085 62nd Norway Maple 6 Near overhead utilities,Prune tree for clearance Street N (variegated) only over street only 108 15098 62nd Street Basswood 31 Near overhead utilities,prune tree and raise N canopy over street 109 15112 62nd Street Basswood 38 Near overhead utilities,Prune tree for clearance N only over street and remove large branch hanging low over street 110 6207 Beach Rd. N Ash 19 Near overhead utility lines and stop sign,Prune (on Paul Ave N) tree and raise canopy 111 6157 Beach Rd. N Norway Maple 20 Prune tree 112 6157 Beach Rd. N Ash 27.5 Prune tree Page 9 of 13 Page 37 of 58 113 15298 Upper 6111 Silver Maple 22 Prune tree,near hydrant Street N 114 6174 Beach Rd N Maple 17.5 Overhead utility lines,exposed roots,Prune tree (on Upper 61st Street N side) 115 6174 Beach Rd N Maple 25.5 Overhead utility lines,Prune tree (on Upper 61st Street N side) 116-CL 5627 Perkins Ave N boxelder 11 Prune tree for clearance only over street 117-CL 5627 Perkins Ave N Siberian elm 16 Prune tree for clearance only over street 118-CL 5687 Perkins Ave N Black ash Prune tree for clearance only over street 119-CL 15330 5811 Street N Silver maple 16 Left of driveway,Near overhead utilities,Prune (Cover Manor) tree for clearance only 12O-CL 15330 58th Street N Silver maple 19 Right of driveway,Near overhead utilities,Prune (Cover Manor) tree for clearance only 121 5835 Peller Ave N Crabapple 4 Prune tree 122 1540358 th Street N Crabapple 2.5 Near utility pole&pedestal,blocking stop sign, (feller Ave N side prune tree-If not able to do correctly consider of yard) removal 123 1540358 th Street N Crabapple 2.5 Prune tree (Peller Ave N side of yard) 124 15365 58th Street Basswood 19.5 Prune tree N(on Peller Ave N side of yard) 125-CL 5737 Peller Ave N Silver Maple 28 Prune for clearance only 126 5732 Peller Ave N Norway Maple 11 Prune tree Page 10 of 13 Page 38 of 58 127 5732 Peller Ave N Sliver MaPdle 22 Prune tree 128 5715 Pei ler Ave N Norway Maplle 15 Exposed roots,Prune tree 129 5703 Peller Ave N Ash 18 Prune tree (5711 Street N side of yard) 130 5703 Peller Ave N Norway Maple 5 Prune tree 131 5664 PeHef Ave N Olak —28 Dead. Near hydrant,Marked with orange ring, Remove tree&debris,grind stump&any major surface roots,restore site with black dirt&grass seed 132 5702 Penrose Ave Hackberry 10 Next to power lines,Prune tree N(571h Street N side of yard) 133 5702 Penrose Ave Ash 19 Prune tree N(57th Street N side of yard) 134 5702 Penrose Ave Black ash 19 Prune for clearance and stop sign visibility N(57th Street N side of yard) 135 15433 571h Street N Silver Maple 16 Near overhead utility lines and stop sign,Prune tree 136-CL 5646 Penrose Ave Silver Maple 32 Prune tree for clearance N 137-CL 5646 Penrose Ave Basswood 19.5 Prune tree for clearance N 138-CL 5646 Penrose Ave Basswood 23 Prune tree for clearance N 139 5646 Penrose Ave Hackberry 16.5 Prune tree N 140-CL 5714 Penrose Ave Basswood 18 Prune tree for clearance only N Page 11 of 13 Page 39 of 58 141-CL 5714 Penrose Ave Ash 16 Prune tree for clearance only N 142 5714 Penrose Ave Sliver Maple 21 Prune tree N 143-CL 5680 Penfield Ave Birch 10 Prune tree for clearance only,Next to powerlines N 144 5670 Penfield Ave Sugar Maple 2 Prune tree N 145 5670 Penfield Ave Basswood 1.7 Prune tree N 146 5716 Penfield Ave Ash 16 Prune tree N 147-CL 5705 Penrose Ave Silver maple 14 Prune tree for clearance only N(57th Street N side of yard) 148-CL 5705 Penrose Ave Sugar maple 11 Prune tree for clearance only N(57th Street N side of yard) 149-CL 5705 Penfield Ave Ash 16 Prune tree for clearance only N(57th Street N side of yard) 150 Penrose Ballfield (4)Crabapples 3 Prune 4 crabapple trees on the east side of Penrose Ave.N of 5728 Penfield Ave under the utility lines along the boulevard 1,51, Across the street (2)Crabapples 3 Prune both crabapple trees on the west side of from Penrose Penrose Ave.N of 5730 Penrose Ave under utility Ballfield lines along the boulevard 152-CL 1543158th Street N Ash 12 Prune tree for clearance only (on Penrose Ave N side of yard) 153-CL 5838 Stagecoach Ash 14 Prune tree for clearance only Trail(58th Street N side of yard) 154 1543158th Street N Japanese tree 3 Prune tree lilac`Ivory Silk' Page 12 of 13 Page 40 of 58 155 1543158"Street N Japanese tree 3 Prune tree lilac`Ivory Silk' 156 5728 Penfield Ave Ash 15 Prune tree N Page 13 of 13 Page 41 of 58 I]::] CNY Hgthb Proposal for Lisa Danielson City Of Oak Park Heights For service at Various addresses Oak Park Heights, MN Prepared By Chris Muehleck Page 42 of 58 Commercial Tree Maintenance - III Prune and remove trees per Quote request dated 07/10/2017. $ 17,385.00 Page 43 of 58 AUTHORIZATION TO PROCEED WITH ESTIMATE ----.............................. ............-..................................................................... -............................................................................................. ..................- SavATree has been given authorization to proceed with the estimate and detail of work as outlined in our proposal dated July 14, 2017. General Tree Care $ 17,385.00 This proposal has been provided to you on a confidential basis. We kindly request that neither this proposal nor any of its contents be reproduced or shared with any competitor without the prior written consent of SavATree. Thank you for your continued confidence in our professionalism. I authorize the work described above and agree to the terms and conditions that follow. AUTHORIZATION Dated Applicable sales tax is added to all services, which are billed upon completion. If you wish to pay via credit card, please complete the information below: Circle One: MASTERCARD VISA DISCOVER AMEX Card # Expire Date Arborist/Branch Contact: Account# 1019008 Chris Muehleck SavATree& SavaLawn 12450 Hudson Road S. Afton,MN 55001 P:(651)964-4001 F:(715)749-3465 E:afton@savatree.com MN Business Number: Page 44 of 58 TERMS AND CONDITIONS Thank you for choosing us!The following terms and conditions together with the terms presented on front and the Plant Health Care and/or Lawn Care Datasheet ('Datasheet'),if applicable for your state,constitute your entire agreement with SavATree,LLC d/b/a SavATree,SavaLawn,St.Croix Tree Service,St.Croix SavATree,Autumn Tree,Country Green,Crosstown Tree Service,Mountain High Tree Service,Thrive and DeerTech collectively referred to as"SavATree.' PERFORMANCE Our Plant Health Care and Lawn programs are designed to manage and not eradicate weeds,insects,mites,disease and deer browsing. Horticulturally tolerable levels of insects,mites,disease and deer browse may still be present after treatments.Epidemic infestations may require additional visits at additional cost to you,pending your approval. Each time we are on your property,an evaluation card will be left or emailed indicating the service(s)performed and,if necessary,any additional recommendations. Remeasurement of your lawn,trees or shrubs may also be done if there is a discrepancy between the original estimate and the actual square footage or product(s)required.You will be notified of any price adjustments on a go forward basis.Work crews will arrive at the job site unannounced unless otherwise noted herein.The Datasheet provides approximate and alternate dates of our service.SavATree shall not be liable for damage or losses due to delays for weather or causes beyond our control. By signing this agreement,you accept that every day during the agreement's term is a specific date on which applications will be applied,and you are continuously on notice that SavATree will perform applications on any day during the term of this agreement if any other day becomes unnecessary or infeasible for performance(due to weather,scheduling conflicts, or weed,insect,mite and disease cycles)in which case you waive SavATree's performance on such a day.Absent extraordinary circumstances,you request that SavATree not further contact you concerning dates of application as such further contact would be a burden to you.The following provisions apply to New York and Minnesota clients only:The term of this agreement shall be for twenty years from the date it is signed by you;however this agreement may be terminated without penalty at any time by either party.You are required to cancel this agreement upon sale of property serviced with this agreement. WORKMANSHIP AND ARBITRATION All work is performed in a professional manner by experienced personnel outfitted with the appropriate tools and equipment to complete the job properly.Our work meets and exceeds the guidelines and standards set forth by ANSI(the American National Standards Institute)A300. As part of the Arbor Patrol Program,we may perform some minor deep root watering,minor fertilization and/or minor pruning of insect infested or diseased limbs.Any additional major work to be performed will be evaluated during a follow-up site inspection by an arborist who will submit an estimate for client approval.The client is responsible for advising SavATree regarding the location of underground utilities in the area where work is to be done. SavATree shall not be responsible for damage to such utilities, unless the location has been indicated prior to the commencement of work.Any dispute,controversy or claim arising out of or relating to this agreement,or the breach thereof,shall be determined and settled by arbitration under the Rules of the American Arbitration Association.The arbitration award shall be final and binding.Judgment on the award may be entered in any Court having competent jurisdiction thereof.Recommendations are intended to minimize or reduce hazardous conditions associated with trees.The owner or owner's representative is responsible for the annual scheduling of the required inspection of supplemental support systems. No guarantees are intended or implied with regard to work product. INSURANCE SavATree is insured for the liability resulting from injury to persons or negligent damage to property,.and all its employees are covered by Wcrkers'Compensation Insurance.A certificate of insurance is available upon request. OWNERSHIP By signing this agreement,you warrant that all trees,plant material and property on which work is to be performed are either owned by you or that permission for the work has been obtained from the owner by you. It is further agreed that the property owner or representative shall be responsible for obtaining any and all permits which may be required by local authorities. SavATree is hereby held harmless from all claims for damages resulting from the client's failure to obtain such permits. TERMS OF PAYMENT The total cost estimates within this agreement are valid for 60 days unless otherwise noted.All invoices are payable upon receipt.A deposit of 50%may be required prior to the commencement of General Tree Care work.A service charge of 1.5%per month,which is an annual percentage rate of 18%,will be added to invoices after 30 days.Your next treatment may not be performed if your account is past due.Past due balances void any guarantees. If outside assistance is used to collect the account,the client is responsible for all costs associated with the collection including,but not limited to,reasonable attorney fees and court costs.Sales tax,if applicable,will be added to the amounts of this estimate per your local and state tax jurisdiction.Should any terms of this agreement be amended,subsequent payment for our services shall constitute your written acceptance thereof.The following provision applies to New York clients only: By signing this agreement,you accept that the annual program total cost shall increase on January 1st of each year of this agreement by 1%less than the annual increase in the CPI (CPI-U)published on www.bis.gov for twelve months ending October 31 st unless otherwise agreed,with a minimum annual increase of 1%. Further,you hereby acknowledge that you have received notice of and understand the total cost of SavATree's services. CONCEALED CONTINGENCIES You agree to pay SavATree on a time and materials basis for any additional work required to complete the job occasioned by concrete or other foreign matter;stinging insect nests in the tree,trees,or branches; rock,pipe,or electrical lines encountered in excavations;and work not described within this proposal,or any other condition not apparent in estimating the work specified. STATE NOTIFICATION REQUIREMENTS Certain states require that specific product information be submitted to you.Part of this agreement is our Datasheet,which provides such information.The Datasheet can be found at www.savatree.com/dsfiindex.htmi and for Massachusetts clients,see the Consumer Information Bulletin at www.savatree.com/ds/macnsminfo,You have the right to receive specific date pre-notification for certain applications in certain states.Your written authorization on the Authorization Page of this proposal waives any pre-notification requirement unless noted otherwise. In New York State:The property owner or owner's agent may request the specific date or dates of the application(s)to be provided and,if so requested,the pesticide applicator or business must inform of the specific dates and include that date or dates in the contract.Wisconsin clients hereby consent to receiving electronic pre-notification of materials to be used on their property via the datasheet link listed above. CUSTOMER REFERRAL PROGRAM Word of mouth is our best advertising.When you are satisfied with our services,please tell a friend. Each time you refer a new customer to us who meets with an arborist,we will send you a thank you gift. OUR UNCONDITIONAL GUARANTEE Should our service fall short of your expectations,please contact us immediately and we will do everything we can to make it right! Rev.6- Page 45 of 58 2037 CITY OF OPH SUMMER TREE PRUNING AND REMOVAL QUOTE FORM Contractor: St.Croix SavATree Contact Person: Chris Muehleck Address: 12450 Hudson Rd.S.Afton,MN Phone No.: 1651)295-3940 Work Item Quote Amount Work Item Quote Amount 1 $50.00 79 $215.00 2 $50.00 80 $125.00 3 S110.00 81 $175.00 4 $50.00 82 $175.00 5 590.00 83 $175.00 6 $90.00 84 $40.00 7 $90.00 BS $40.00 s S190.06 86 $90.OD 9 $190.00 87 $75.00 10 $190.00 88 $40.00 11 $75110 89 $40.OD 12 $90.00 90 $40.00 13 $65.00 91 $40110 14 $50.00 92 $95.00 15 $90.00 93 $115.00 16 $125.00 94 $115.00 17 $90.00 95 $4000 18 $390.00 96 $40.00 19 $125.00 97 $115.00 20 $125.00 98 $90.00 21 $90.00 99 560.00 22 5315.00 IDD $90.00 23 $50.00 101 $150.00 24 $390.00 102 $125110 25 $360.00 103 $80,00 26 $195110 104 $95.00 27 $390.00 105 $95.00 28 $175.00 106 $45.00 29 $60.00 107 $40.00 30 $40110 108 $225.00 31 $40.00 109 $275.00 32 $40.00 110 $125.00 33 $40.00 111 $110.00 34 $40.00 112 $175.00 35 $40.00 113 $175.00 36 $75.00 114 $110.00 37 5375.00 115 $140.00 38 $200.00 116 SSO.00 39 $200.00 117 OD $50.00 40 S75. 118 $75.00 41 $475.00 119 $75.00 42 90 120 75 43 110 121 40 44 110 122 40 45 110 123 40 46 160 124 90 47 110 125 90 48 50 126 60 49 90 127 90 SO 110 128 70 52 90 129 80 53 90 130 40 54 125 131 380 55 125 132 60 56 225 133 90 57 75 134 90 58 75 135 80 59 95 136 165 60 95 137 165 61 115 138 165 62 75 139 110 63 75 140 110 64 90 141 90 65 175 142 125 66 40 143 90 67 40 144 4D 68 40 145 125 69 125 146 125 "4 70 215 147 70 71 180 148 70 72 180 149 gD 73 40 150 160 74 75 151 '80 75 40 152 90 76 40 153 90 77 75 154 40 78 175 155 40 156 90 Column Subtotal: $9,520.00 Column Subtotal: $7,750.00 TOTAL BID: $17,270.00 Page 46 of 58 2017 Contractor Qualifications 1. List of References/Similar Projects Company or City Contact Name Phone Number Last Work Date o G`s�/. /sem - D A ,` roe' O' - ; /— 2. Name of'person who will supervise this work and the number of years of experience n f ALI Is this supervisor an ISA Certified Arborist? Certificate Number: Expiration: ui (Required) /iJ✓y-O��y 3. List motorized equipment available for this contract. List type,size(i.e. 2 ton truck) 4. List other available equipment such as chippers,loaders,power saws,ect. 5. Does your company have a current (2017) City of OPH Tree Worker's License%y� (Required before starting work) 6. Are workers currently certified (EHAP)to work around electrical hazards? (Recommended for all tree work but Reauired if overhead power lines are i the work area) 7.MINNESOTA TREE CARE COMPANY REGISTRY-License Number: e&aZ2_5y/ (Required by Minnesota Statues Chapter 18G.07) Page 5 of 5 Page 47 of 58 THIS PAGE INTENTIONALLY LEFT BLANK Page 48 of 58 4,. Oak Park Heights Request for Council Action Meeting Date July 25, 2017 Agenda Item Consider Issuance of an Off-Sale 3.2 Malt Liquor License for Kwip Trip, Inc DBA Kwik Trip #I I I Time Req. 5 Agenda Placement Public Hearing Originating Department/Requestor Administration/Jennifer Pinski Requester's Signature ` Action Requested Approve Liquor License Background/Justification(Please indicate any previous action has been taken or if other public bodies have been advised). Kwip Trip, Inc. d/b/a Kwip Trip #111 has applied for an off-sale 3.2 malt liquor license for the new gas station/convenience store located at 12585 58th Street North effective fall 2017. All applications have been investigated by the City Attorney and the Police Department and found to be in compliance with the City Ordinance requirements for liquor license issuance. The investigation fee and license fees have been paid. Notice of this Public Hearing was published in the Stillwater Gazette on July 14, 2017, and has been posted at City Hall. City staff recommends approval of the off-sale 3.2 malt liquor license for Kwip Trip, Inc. d/b/a Kwip Trip#111 contingent on approval from the Minnesota Department of Public Safety, Alcohol and Gambling Enforcement Division. Page 49 of 58 NOTICE OF PUBLIC HEARING TO CONSIDER ISS[JANCE OF AN OFF-SALE 3.2 MALT LIQL JOR LICENSE FOR KWIK TRIP, INC. DBA KWIK TRIP#1 l.1 CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA NOTICE IS HEREBY GIVEN that the City Council of the City of Oak Park Heights, Washington County, Minnesota shall hold a public hearing to consider issuing an off-sale 3.2 malt liquor license to Kwik Trip, Inc. dba Kwik Trip #111 for the gas station/convenience store located at 12585 58111 Street North, Oak Park Heights, MN 55082. Written or oral comments will be considered. The public hearing shall be held on Tuesday, July 25, 2017 at 6:00 o'clock p.m. at the City Hall, 14168 Oak Park Boulevard North, Oak Park Heights, Minnesota 55082. Dated this 5th day of July, 2017. BY ORDER OF THE CITY COUNCIL Jennifer Pinski, City Clerk Page 50 of 58 Oak Park Heights Request for Council Action Meeting Date: July 25th,2017 Time Required: 10 minutes Agenda Item Title: Nolde—Phase V—Reven Bond PrelimigM A roval Agenda Placement: New Busin Originating Department/Req for `' s i Administrator Requester's Signature Action Requested Discussio ossible action Background/Justification 1 se indicate if any previous action has been taken or if other vublic bodies have advised): Draft Resolution Enclosed-Please see the Worksession packet for 7/25/17 for discussion elements. Page 51 of 58 RESOLUTION RESOLUTION PROVIDING FOR A PUBLIC HEARING REGARDING A MULTIFAMILY SENIOR HOUSING DEVELOPMENT AND GRANTING PRELIlVIINARY APPROVAL TO THE ISSUANCE OF REVENUE BONDS TO FINANCE THE COSTS THEREOF UNDER MINNESOTA STATUTES,CHAPTER 462C,AS AMENDED; (OAK GREEN VILLAS PROJECT) BE IT RESOLVED by the City Council of the City of Oak Park Heights,Minnesota(the"City"), as follows: Section 1. Recitals. 1.01. Pursuant to Minnesota Statutes, Chapter 462C, as amended (the "Act"), the City is authorized to carry out the public purposes described in the Act by providing for the issuance of revenue bonds to finance or refinance multifamily housing developments located within the City. 1.02. As a condition to the issuance of such revenue bonds, the City must adopt a housing program providing the information required by Section 462C.03, subdivision la of the Act(the"Housing Program"). 1.03. Green Twig Villas H LLLP, a Minnesota limited liability limited partnership (the `Borrower"), has proposed that the City, pursuant to the Act, issue its revenue bonds in an aggregate principal amount not to exceed $16,000,000, in one or more series at one time or from time to time (the "Bonds"),the proceeds of which will be loaned by the City to the Borrower to be applied by the Borrower to the(i)acquisition, construction,and equipping of an approximately 72-unit,3-story apartment building with an underground parking garage to be located at the intersection of Nova Scotia Avenue and Lower 59th Street North in the City(the"Project"); (ii)payment of all or a portion of the interest on the Bonds during the construction of the Project, if necessary; (iii) funding of one or more reserve funds to secure the timely payment of the Bonds, if necessary; and(iv)payment of all or a portion of the costs of issuing the Bonds. 1.04. As a condition to the issuance of the Bonds,the City Council must conduct a public hearing in accordance with Section 1470 of the Internal Revenue Code of 1986, as amended (the "Code"), and Section 462C.04,subdivision 2 of the Act. 1.05. Under Section 146 of the Code, the Bonds must receive an allocation of the bonding authority of the State of Minnesota. An application for such an allocation may be made to the office of Minnesota Management and Budget pursuant to the requirements of Minnesota Statutes, Chapter 474A, as amended (the "Allocation Act") after the City must grants preliminary approval to the issuance of the Bonds to finance the Project. Section 2. Preliminary Findings. Based on representations made by the Borrower to the City to date, the City Council of the City hereby makes the following preliminary fmdings, determinations, and declarations: (a) The Project consists of the acquisition, construction, and equipping of a multifamily rental housing development designed and intended to be used for rental occupancy. 502693v3 JSB AK145-7 Page 52 of 58 (b) The proceeds of the Bonds will be loaned to the Borrower and the proceeds of the loan will be applied to: (i)the acquisition,construction,and equipping of the Project;(ii)the funding of one or more reserve funds to secure the timely payment of the Bonds, if necessary; (iii) payment of all or a portion of the interest on the Bonds during the construction of the Project, if necessary; and (iv)payment of all or a portion of the costs of issuing the Bonds. The City will enter into one or more loan agreements (or other revenue agreements) with the Borrower requiring loan repayments from the Borrower in amounts sufficient to repay the loan when due and requiring the Borrower to pay all costs of maintaining and insuring the Project,including taxes thereon. (c) In preliminarily authorizing the issuance of the Bonds and the financing of the acquisition, construction, and equipping of the Project and related costs, the City's purpose is to further the policies of the Act. (d) The Bonds will be special, limited obligations of the City payable solely from the revenues pledged to the payment thereof, and will not be a general or moral obligation of the City and will not be secured by or payable from revenues derived from any exercise of the taxing powers of the City. Section 3. Public Hearing. The City Council will conduct a public hearing on the Housing Program, the Project, and the issuance of the Bonds by the City at a regular or special meeting on a date to be determined by the City Administrator for which proper notice shall be given as provided below. Notice of such hearing (the "Public Notice") will be published as required by Section 462C.04, subdivision 2 of the Act and Section 147(f)of the Code. The City Administrator is hereby authorized and directed to publish the Public Notice, in substantially the form attached hereto as EXHIBIT A, in the Stillwater Gazette, a newspaper of general circulation in the City, at least 15 days before the meeting of the City Council at which the public hearing will take place. At the public hearing reasonable opportunity will be provided for interested individuals to express their views, both orally and in writing, on the Project,the Housing Program,and the proposed issuance of the Bonds. Section 4. Housing Program. Kennedy&Graven, Chartered, acting as bond counsel with respect to the Project and the Bonds ("Bond Counsel") is authorized to prepare and submit to the City a draft Housing Program to authorize the issuance by the City of up to$16,000,000 in revenue bonds in one or more series to finance the acquisition,construction,and equipping of the Project by the Borrower. Section 5. Preliminary Approval. The City Council hereby provides preliminary approval to the issuance of the Bonds in the approximate maximum aggregate principal amount of$16,000,000 to finance all or a portion of the costs of the Project pursuant to the Housing Program, subject to: (i)receipt of an allocation of the bonding authority from the State of Minnesota under the Allocation Act; (ii)the holding of a public hearing as required by the Act and the Code; (iii)final approval by the City Council following the preparation of bond documents; and (iv)a final determination by the City Council that the financing of the Project and the issuance of the Bonds are in the best interests of the City. Section 6. Submission of an Application for an Allocation of Bonding Authority. The City Council hereby authorizes the submission of an application for allocation of bonding authority pursuant to Section 146 of the Code and the Allocation Act in accordance with the requirements of the Allocation Act. The Mayor of the City, the City Administrator, and Kennedy&Graven, Chartered, acting as bond counsel with respect to the Project and the Bonds, are hereby authorized and directed to take all actions, in cooperation with the Borrower, as are necessary to submit an application for an allocation of bonding authority. Section 7. Reimbursement of Costs under the Code. 5026930 JSB AK145-7 2 Page 53 of 58 7.01. The United States Department of the Treasury has promulgated regulations governing the use of the proceeds of tax-exempt bonds, all or a portion of which are to be used to reimburse the City or the Borrower for project expenditures paid prior to the date of issuance of such bonds. Those regulations (Treasury Regulations, Section 1.150-2) (the "Regulations") require that the City adopt a statement of official intent to reimburse an original expenditure not later than 60 days after payment of the original expenditure. The Regulations also generally require that the bonds be issued and the reimbursement allocation made from the proceeds of the bonds occur within 18 months after the later of (i)the date the expenditure is paid; or (ii)the date the project is placed in service or abandoned, but in no event more than 3 years after the date the expenditure is paid. The Regulations generally permit reimbursement of capital expenditures and costs of issuance of the Bonds. 7.02. To the extent any portion of the proceeds of the Bonds will be applied to expenditures with respect to the Project, the City reasonably expects to reimburse the Borrower for the expenditures made for costs of the Project from the proceeds of the Bonds after the date of payment of all or a portion of such expenditures. All reimbursed expenditures shall be capital expenditures, costs of issuance of the Bonds, or other expenditures eligible for reimbursement under Section 1.150-2(d)(3) of the Regulations and also qualifying expenditures under the Act. Based on representations by the Borrower, other than (i) expenditures to be paid or reimbursed from sources other than the Bonds, (ii) expenditures permitted to be reimbursed under prior regulations pursuant to the transitional provision contained in Section 1.150-20)(2)(i)(B) of the Regulations, (iii)expenditures constituting preliminary expenditures within the meaning of Section 1.150-2(f)(2)of the Regulations, or (iv)expenditures in a "de minimis" amount (as defined in Section 1.150-2(f)(1) of the Regulations),no expenditures with respect to the Project to be reimbursed with the proceeds of the Bonds have been made by the Borrower more than 60 days before the date of adoption of this resolution of the City. 7.03. Based on representations by the Borrower,as of the date hereof,there are no funds of the Borrower reserved, allocated on a long term-basis, or otherwise set aside (or reasonably expected to be reserved, allocated on a long-term basis, or otherwise set aside) to provide permanent financing for the expenditures related to the Project to be financed from proceeds of the Bonds, other than pursuant to the issuance of the Bonds. This resolution, therefore, is determined to be consistent with the budgetary and financial circumstances of the Borrower as they exist or are reasonably foreseeable on the date hereof. Section 8. Costs. The Borrower has deposited funds in escrow to pay any and all costs incurred by the City in connection with the Project and the issuance of the Bonds, including legal fees, as further required by the City's policy on the issuance of tax-exempt bonds,which has been communicated to the Borrower and is on file with the City Administrator. In addition, the Borrower must also pay the administrative fee of the City on the date of issuance of the Bonds. Section 9. Commitment Conditional. The adoption of this resolution does not constitute a guarantee or a firm commitment that the City will issue the Bonds as requested by the Borrower. If, as a result of information made available to or obtained by the City during its review of the Project, it appears that the Project or the issuance of Bonds to finance or refinance the costs thereof is not in the public interest or is inconsistent with the purposes of the Act,the City reserves the right to decline to give final approval to the issuance of the Bonds. The City also retains the right, in its sole discretion, to withdraw from participation and accordingly not issue the Bonds should the City Council, at any time prior to the issuance thereof, determine that it is in the best interests of the City not to issue the Bonds or should the parties to the transaction be unable to reach agreement as to the terms and conditions of any of the documents for the transaction. 5026930 JSB AK145-7 3 Page 54 of 58 The motion for adoption of the foregoing resolution was made by Member , duly seconded by Member ,and upon vote being taken thereon,the following voted in favor thereof: and the following voted against the same: Adopted by the City Council of the City of Oak Park Heights,Minnesota,this 251 day of July,2017. CITY OF OAK PARK HEIGHTS,MINNESOTA By its Mayor Attest: By its City Administrator 5026930 JSB AK145-7 4 Page 55 of 58 STATE OF MINNESOTA ) COUNTY OF WASHINGTON )SS. CITY OF OAK PARK HEIGHTS ) I, the undersigned, being the duly qualified and acting City Administrator of the City of Oak Park Heights,Minnesota(the"City"),do hereby certify that I have carefully compared the attached and foregoing extract of minutes of a regular meeting of the City Council held on July 25,2017,with the original thereof on file in my office and the same is a full,true and complete transcript therefrom insofar as the same relates to calling a public hearing on the City's revenue bonds to finance a multifamily senior housing project. WITNESS My hand as Administrator and the corporate seal of the City this day of July,2017. City Administrator City of Oak Park Heights,Minnesota 5026930 JSB AK145-7 Page 56 of 58 EXHIBIT A NOTICE OF PUBLIC HEARING CITY OF OAK PARK HEIGHTS COUNTY OF WASHINGTON STATE OF hE[NNESOTA NOTICE OF A PUBLIC HEARING TO BE CONDUCTED BY THE CITY OF OAK PARK HEIGHTS, MMSESOTA TO CONSIDER THE ISSUANCE OF REVENUE BONDS TO FINANCE THE ACQUISITION,CONSTRUCTION,AND EQUIPPING OF A MULTIFAMILY SENIOR RENTAL HOUSING DEVELOPMENT IN THE CITY(OAK GREEN VILLAS PROJECT) NOTICE IS HEREBY GIVEN that the City Council (the "Council") of the City of Oak Park Heights,Minnesota(the"City")will hold a public hearing on Tuesday, ,2017,at or after 7:00 p.m. at City Hall, 14168 Oak Park Boulevard North, to consider a proposal that the City approve and authorize the issuance of its revenue bonds or other obligations, in one or more series, (the "Bonds") at one time or from time to time pursuant to Minnesota Statutes,Chapter 462C,as amended(the"Act"),and a housing program in accordance with the Act(the "Housing Program") for the purposes of(i)financing the acquisition, construction, and equipping of an approximately 72-unit, 3-story apartment building with an underground parking garage and functionally related facilities to be located at the intersection of Nova Scotia Avenue and Lower 59th Street North in the City (the "Project"); (ii)funding one or more reserve funds to secure the timely payment of the Bonds, if necessary; (iii)paying all or a portion of the interest on the Bonds during the construction of the Project, if necessary; and (iv) paying all or a portion of the costs of issuing the Bonds. Green Twig Villas II LLLP, a Minnesota limited liability limited partnership, or an affiliated entity, (the `Borrower") will own the Project. The estimated maximum aggregate principal amount of the proposed Bonds is$16,000,000. Following the public hearing, the Council will consider a resolution approving the Housing Program prepared in accordance with the requirements of the Act and granting approval to the issuance of the Bonds. A draft copy of the Housing Program is available for public inspection during normal business hours,Monday through Friday,at City Hall in the City. The Bonds will be special,limited obligations of the City,and the Bonds and interest thereon will be payable solely from the revenues and assets pledged to the payment thereof. No holder of any Bond will ever have the right to compel any exercise of the taxing power of the City to pay the Bonds or the interest thereon, nor to enforce payment against any assets, revenues, or other property of the City. Before issuing the Bonds,the City will enter into an agreement with the Borrower,whereby the Borrower will be obligated to make payments at least sufficient at all times to pay the principal of and interest on the Bonds when due(which will be assigned and pledged to the payment of the Bonds). At the time and place fixed for the public hearing,the Council will give all persons who appear at the hearing an opportunity to express their views with respect to the proposal. In addition, interested persons may direct any questions or file written comments respecting the proposal with the City Administrator,at or prior to said public hearing. Dated: [Date of Publication] 502693v3 JSB AK145-7 Page 57 of 58 THIS PAGE INTENTIONALLY LEFT BLANK Page 58 of 58