Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
01-23-2018 Council Packet
CITY OF OAK PARK HEIGHTS TUESDAY, JANUARY 23, 2018 CITY COUNCIL MEETING AGENDA 6:00 P.M. AT CITY HALL 6:00 p.m. I. Call to Order/Pledge of Allegiance/Approval of Agenda Estimated times 6:00 p.m. II. 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). 6:15 p.m. IV. Consent A enda(Roll Call Vote) A. Approve Bills & Investments B. Approve City Council Minutes—January 9, 2018 (pg. 5) C. Approve Resolution Granting the Application of Whitetails Unlimited Metro Area to Conduct a One-Day Raffle at Heights Hall & Club on March 24, 2018 (pg. 9) D. Approve TIF Policy Update (pg. 13) E. Approve Annexation Policy Update (pg.23) F. Approve Developers Agreement—Oak Park Senior Living—Phase V (pg.29) 6:15 p.m. V. Public Hearings None 6:15 p.m. VI. Old Business A. Sunnyside Lift Station Replacement —Bidding(pg. 51) 6:25 p.m. VII. New Business A. Nolde—Phase V—Revenue Bond Preliminary Approval (pg. 69) B. Easement to Creative Homes Construction—Palmer Station (pg. 77) 6:35 p.m. VIII. Other Council Items or Announcements 6:35 p.m. IX. Ad'ourn Please mute or silence any cell phones,computers or other devices during meeting—Thank You. Page 1 of 84 THIS PAGE INTENTIONALLY LEFT BLANK Page 2 of 84 1•. Oak Park Heights Request for Council Action Meeting Date January 23, 2018 Agenda Item Recycling Award Time Req. 0 Agenda Placement _Staff Reports Originating Department/Requestor A. "Pistration/Jennifer Pinski Requester's Signature -�1 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 84 January 18, 2018 Lisa Berres 5420 O'Brien Ave N Oak Park Heights, MN 55082 Dear Ms. Berres: 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, January 18, 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 via phone at 439-4439 or email at jpinski@cityofoakparkheights.com 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 84 Oak Park Heights Request for Council Action Meeting Date a1A Uary 23. 2018 Agenda Item Approve City Council Minutes—January 9, 2018 Time Req. 0 Agenda Placement Consent Originating Department/Requestor Administration/Jennifer Pinski Requester's Signature Action Requested Approve Background/Justification(Please indicate any previous action has been taken or if other public bodies have been advised). See Attached. Page 5 of 84 CITY OF OAK PARK HEIGHTS TUESDAY, JANUARY 9, 2018 CITY COUNCIL MEETING MINUTES I. Call to Order/Pledue of Allegiance/Approval of Agenda: Mayor McComber called the meeting to order at 6:00 p.m. Present: Councilmembers Dougherty, Liljegren, Runk, and Swenson. Staff present: City Administrator Johnson, City Attorney Vierling, Finance Director Caruso, City Planner Richards, and City Engineer Mann. Absent: None. Councilmember Swenson, seconded by Councilmember Liljegren, moved to approve the Agenda. Carried 5-0. II. CounciUStaff Reports: A. Mayor McComber: She reported that she was attending the Coalition of Utility Cities meeting and the Small Cities Association meeting that week. B. Councilmember Dougherty: He reported the next Planning Commission meeting was set for January 11. C. Councilmember Lilje ren: No report. D. Councilmember Runk: He reported the next Middle St. Croix Watershed Management Organization meeting was set for January 11. E. Councilmember Swenson: He reported the next Cable Commission meeting was set for January 22 at 7 p.m. F. Staff: City Clerk Pinski reported that Kaiyn and Julie Nottingham of 5838 Stagecoach Trail North were chosen as the recycling award winners. III. Visitors/Public Comment: None IV. Consent Agenda: A. Approve Bills & Investments B. Approve City Council Minutes—December 12, 2017 C. Adopt Resolution Authorizing Professional Consultants for the City of Oak Park Heights in 2018 D. Adopt Resolution Designating the Stillwater Gazette as the City of Oak Park Heights Official Newspaper in 2018 E. Adopt Resolution Authorizing Alternate Newspaper for Publication in 2018 F. Approve Amendment to City Ordinance 1202.05.A G. Approve MS4 Permit Assistance Agreement with Stantec H. Approve Letter of Support—Habitat for Humanity Page 6 of 84 City Council Meeting Minutes January 9, 2018 Page 2 of 3 Councilmember Runk, seconded by Councilmember Dougherty, moved to approve the Consent Agenda. Roll call vote taken. Carried 5-0. V. Public Hearings: A. Consider Issuance of an On-Sale Intoxicating Liquor License Including Sunday Sales for Phoenix LLC DBA Fiesta Cancun Stillwater: Mayor McComber opened the Public Hearing. Rouzbeh Toliati, a manager at Fiesta Cancun, came forward to request approval of the licenses. No other public comments were made. Councilmember Runk, seconded by Councilmember Swenson, moved to close the Public Hearing. Carried 5- 0. Councilmember Swenson, seconded by Councilmember Liljegren, moved to issue the licenses pending staff approval. Carried 5-0. VI. Old Business: None VII. New Business: A. First Presbvterian Church—Conditional Use Permit—6201 Osgood Ave.: City Planner Richards reviewed his report. He stated he would add to the draft Resolution that the applicant could have a sign parallel to Osgood Avenue but it did not make sense. Councilmember Liljegren, seconded by Councilmember Swenson,moved to approve the CUP and variance. Roll call vote taken. Carried 5-0. B. Consider Resolution Authorizing $25 Stipend for Cable Commission Citizen Position: Councilmember Runk, seconded by Councilmember Liljegren, moved to approve. Roll call vote taken. Carried 5-0. C. Appointment of Citizen's Representative—Central St Croix Valley Joint Cable Commission: Councilmember Swenson, seconded by Councilmember Dougherty, moved to approve the appointment of Grant Arntzen to the Cable Commission. Carried 5-0. VIII. Other Council Items or Announcements: Mayor McComber announced that the Experienced and Newly Elected Officials conference was set for late January if any councilmembers wanted to attend. Page 7 of 84 City Council Meeting Minutes January 9, 2018 Page 3 of 3 IX. Adiourn: Councilmember Swenson, seconded by Councilmember Liljegren, moved to adjourn at 6:18 p.m. Carried 5-0. Respectfully submitted, Approved as to Content and Form, Jennifer Pinski Mary McComber City Clerk Mayor Page 8 of 84 1 ' Oak Park Heights Request for Council Action Meeting Date January 23, 2018 Agenda Item Approve Resolution Granting the Application of Whitetails Unlimited Metro Area to Conduct a One-Day Raffle at Heights Hall & Club on March 24, 2018 Time Req. 0 Agenda Placement Consent Originating Department/Requestor Ad 'stration/Jennifer Pinski Requester's Signature Action Requested Approve Resolution 18-01-06 Background/Justification(Please indicate any previous action has been taken or if other public bodies have been advised). See attached. Page 9 of 84 RESOLUTION 18-01-06 CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA RESOLUTION GRANTING THE APPLICATION OF WHITETAILS UNLIMITED METRO AREA TO CONDUCT A ONE-DAY RAFFLE AT HIEGHTS HALL & CLUB ON MARCH 24,2018 WHEREAS, Lindell Blanchette, on behalf of Whitetails Unlimited Metro Area has applied with the State of Minnesota Gambling Control Board for a permit to conduct a one-day raffle on March 24, 2018 at the site of Heights Hall & Club, 5880 Omaha Avenue North; and WHEREAS, the City of Oak Park Heights has reviewed the application and finds that its purposes meet the necessary community standards; and WHEREAS, the City of Oak Park Heights has solicited the input of the public and there have been no objections to the granting of the application for the raffle permit as applied for by Whitetails Unlimited Metro Area with the State of Minnesota Gambling Control Board. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL FOR THE CITY OF OAK PARK HEIGHTS AS FOLLOWS: That the application of Whitetails Unlimited Metro Area with the State of Minnesota Gambling Control Board to conduct a one-day raffle on March 24, 2018 at the site of Heights Hall & Club, 5880 Omaha Avenue North, within the City of Oak Park Heights and the same are hereby approved with no waiting period. Passed by the City Council of Oak Park Heights this 23`d day of March, 2018. Mary McComber ATTEST: Mayor -------------------------------- ----------- Eric A. Johnson City Administrator Page 10 of 84 01/17/2018 05:05 6517744590 WTU METRO AREA PAGE 02 MINNESOTA LAWFUL GAMBLING LG220 Application for Exempt Permit Page 1 of z An exempt permit may be issued to a nonprofit Application Fee (non-refundable) organization that: Applications are processed in the order received, If the application • conducts lawful gambling on five or fewer days, and is postmarked or received 30 days or more before the event, the • awards less than $50,000 in prizes during a calendar application fee is$100; otherwise the fee is$150, year. If total raffle prize value for the calendar year will be Due to the high volume of exempt applications, payment of $1,500 or less, contact the Licensing Specialist assigned to additional fees prior to 30 days before your event will not expedite your county by calling 651.539-1900, service, nor are telephone requests for expedited service accepted. ORGANIZATION INFORMATION Organization \ Previous Gambling Name: O�j� f1 1 Ma C� f�\a('O el Permit Number: Minnesota Tax ID Federal Employer ID Number, If any: _— — — Number (FEIN), if any: _,_ __—_... _....___.__......_.........__........._... Mailing Address: City: �& —State: Zip: Ss►D b County:— cunfp Name of Chief Executive Officer (CEO): l.I'Ll(34�+�. r f\et° Daytime Phone: _aimm a� °�n8 — Email: `N►rNL;e\.&b in f, 0 NONPROFIT STATUS Type of Nonprofit Organization (check one): Fraternal a Religious vekerans Other Nonprofit Organization Attach a copy of one of the following showing proof of nonprofit status: (DO NOT attach a sales tax exempt status or federal employer 10 number, as they are not proof of nonprofit status.) A current calendar year Certificate of Good Standing Don't have a copy? Obtain this certificate from: MN Secretary of State, Business Services Division Secretary of State website, phone numbers: 60 Empire Drive, Suite 100 www-sos.state,mn.us St. Paul, MN 55103 651-296-2803, or toll free 1-877-551-6767 71 IRS income tax exemption (501(c)) letter In your organization's name Don't have a copy? To obtain a copy of your federal income tax exempt letter, have an organization officer contact the IRS toll free at 1.877-829-5500. ® IRS-Affiliate of national, statewide, or International parent nonprofit organization (charter) If your organization falls under a parent organization, attach copies of�h-of the following: 1. IRS letter showing your parent organization is a nonprofit 501(c) organization with a group ruling, and 2. the charter or letter from your parent organization recognizing your organization as a subordinate. GAMBLING PREMISES INFORMATION Name of premises where the gambling event will be conducted (for raffles, list the site where the drawing ,will take place): Address (do not use P.O. box): sant 1 .. ---•— - -- --- City or l ��1. 'l� tt Township: C Q.� � ZiP� `1��G7.�L....— County: +L1_.....-•------- Date(s)of activity (for raffles, indicate the date of the drawing): __�_ �=-c — -------- -- - - -- Check each type of gambling activity that your o6anization will conduct: F1 Bingo` ❑Paddlewheels' 71 Pull-Tabs" 7Tipboards" Raffle (total value of raffle prizes awarded for the calendar year: $ co ) Gambling equipment for bingo paper, paddlewheels, pull-tabs, and tipboards must be obtained from a distributor licensed by the Minnesota Gambling Control Board. EXCEPTION: Bingo hard cards and bingo number selection devices may be borrowed from another organization authorized to conduct bingo. To find a licensed distributor,go to www.mn.gov/gcb and click on Distributors under List of Lkensees, or call 651-539-1900. Page 11 of 84 01/17/2018 05:05 6517744590 WTU METRO AREA PAGE 03 5/15 LG220 Application for Exempt Permit Pa0e 2 of 2 LOCAL UNIT OF GOVERNMENT ACKNOWLEDGMENT (required before submitting application to the Minnesota Gambling Control Board) CITY APPROVAL COUNTY APPROVAL for a gambling premises for a gambling premises located within city limits located in a township _-The application is acknowledged with no waiting period. _,The application is acknowledged with no waiting period, _ ___The application is acknowledged with a 30-day waiting The application is acknowledged with a 30-day waiting period, and allows the Board to issue a permit after 30 days M peerido Sand allows the Board to issue a permit after (60 days for a 1st class city) -.__The application is denied. The application is denied. Print City Name: .----.-------- Print County Name Signature of City Personnel: Signature of County Personnel: Title: Date: Title-_ _ __ Date: TOWNSHIP (if required by the county) On behalf of the township, I acknowledge that the organization is applying for exempted gambling activity within the township The city or county must sign before limits, (A township has no statutory authority to approve or deny an application, per Minn. Statutes, section 349.213.) submitting application to the print Township Name: — Gambling Control Board. Signature of Township Officer:,"__ Title; --___.._...__.__Date: ._ CHIEF EXECUTIVE OFFICER'S SIGNATURE (required) r The information provided in this application is complete and accurate to the best of my knowledge. I acknowledge that the financial report will be completed and returned to the Board within 30 days of the event date. Chief Executive Officer's Signature: Date: _...__ (Signature must be CEO's signature; deslgnez may not sign) Print Name: REQUIREMENTS MAIL APPLICATION AND ATTACHMENTS Complete a separate application for: Mail application with: • all gambling conducted on two or more consecutive days, or a copy of your proof of nonprofit status, and all gambling conducted on one day. application fee (non-refundable), If the application is Only one application is required If one or more raffle drawings are —" postmarked or received 30 days or more before the event, conducted on the same day. the application fee Is $100; otherwise the fee is$150. Financial report to be completed within 30 days after the Make check payable to State of Minnesota. ; gambling activity is done: To: Minnesota Gambling Control Board A financial report form will be mailed with your permit. Complete 1711 West County Road B, Suite 300 South and return the financial report form to the Gambling Control Roseville, MN 55113 Board. Questions? Your organization must keep all exempt records and reports for Call the Licensing Section of the Gambling Control Board at 3.1/2 years (Minn. Statutes, section 349.166, subd, 2(f)). 6S1-S39-1900. Data privacy notice The information requested application. Your organization's name and ment of Public Sarety: Attorney General; on this form(and any attachments)will be used address will be public information when received Commissioners of Administration, Minnesota by the Gambling control Board (Board)to by the Board. All other information provided will Management&Budget,and Revenue;legislative determine your organization's qualifications to be private data about your organization until the Auditor, national and International gambling be involved in lawful gambling activities in Board issues the permit. when the Board issues regulatory agencies; anyone pursuant to court Minnesota. Your organization has Erie right to the permit,all information provided will become order; other Individuals and agencies specifically refuse to supply the information; nowever, If public, If the Board does not Issue a permit,all authorized by state or federal law to have access your organization refuses CO supply this Information provided remains private,with the to the information; individuals and agencies for information,tnr Doard may riot be able to exception of your organization's name and which law or legal order authorizes a new use or determine your organization's qualifications and, address which will remain public. Private data sharing of information after this notice was as a consequence, may refuse to issue a permit• about your organization are available to Board given; and anyone with your written consent. Ir your organization supplies the information members,Board start whose work requires requested,the Board will be able to process the access to the information: Minnesota's Depart- This form will be made available in alternative format (I.e. large print, braille) upon request. An fous/0.004VARY fm010yer Page 12 of 84 Oak Park Heights Request for Council Action Meeting Date January 23rd-2018 Time Required: 1 Minute Agenda Item Title: A rove TIF PoWV4Ddate Agenda Placement Cone nd Originating Departmen t nc Johnson, City Administrator Requester's Signa Action Requested A rove TIF Policy Update Background/Justifica ' n(Please indicate if any previous action has been taken or if other public bodies have advised): See attached memo and Policy revision;this revision supplants the current policy in total. Page 13 of 84 CAM 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 January 11P,2018 MEMO TO: Mayor and City Council Me e FROM: Eric Johnson,City Admini RE: Update to TIF Policy Enclosed you will find the City's TIF policy docu ent that was discussed at the Jan 10th City Council work session. Recall,the revisions are proposed to better refi when the City might consider the use of TIF and how a proposal is considered.The City's last revision was more than 10-years ago and should to be updated with the current approaches and to match the City's goals about how it views certain types of development. Often times, developers simply say—ul would like some TIF"without really understanding the cost and capacities of this request. In reality,the use of TIF financing is a shift of general tax fund dollars to subsidize a developer's project. Meaning, cities that do use TIF, must weigh the outcomes of that project and should be at least equal or better than the lost revenues or other financial impacts over time.This revision provides forthese analyses to be better understood. Beyond this,job creation is also expanded element of the City's TIF analysis,meaning that creation of non-living wage jobs is not a priority for the City and typically is not a fiscal benefit;this too is better outlined in the updated policy. State laws are rather specific on how these can be used—requiring blight tests, "but-for"tests, income tests and/or other parameters to ensure it is meeting the intended goal of redevelopment,economic development and/or affordable housing.These policies remain integral to the City's review. The City has only implemented two TIF districts in the past 20 years. 1. The Nolde RENEWAL District; Recall, this provided the developer financing to acquire the four homes along Oakgreen and consolidated ownership so he could build the Oakgreen Senior complex.This Renewal TIF District eliminated four BLIGHTED homes (two with mold)and provided the City ROW for the expansion of Oakgreen Ave.In this case the public element was clearly driven towards blight elimination as these homes were in fact SUBSTANDARD and met all the required statutory tests. 2. The NW comer of STH 36 and Osgood Ave;these sites are of course ripe for a redevelopment and the City has purchased two properties and removed two blighted structures—one containing significant mold hazards.The City is awaiting action from the local property owners who have indicated in the past about redevelopment options. In both of these,the goal was substantial redevelopment of former developed sites—either containing mold or are ripe for redevelopment—but both to encourage a re-use that generally benefits the area and not new"green-field"and/or retail development.Accordingly.Staff is recommending that the City's TIF Policy be amended to the enclosed version to better reflect how the City has utilized TIF—continuing to support those purposes,but to make clear desired uses including redevelopment,meritorious job creation and/or a demonstration of positive fiscal impacts. Staff did discuss this policy with Washington County CDA— Economic Development Director Chris Eng and their feedback was incorporated as well as comparing it with other cities in Washington County.Generally,the TIF Policy is not uncommon-but will give staff cleaner direction should a request be made. Page 14 of 84 UPDATED January 2018 - J CITY OF OAK PARK HEIGHTS TAX INCREMENT FINANCING (TIF) AND TAX ABATEMENT POLICY AND APPLICATION FORM General Policy:: It is the policy of the City of Oak Park Heights to consider the judicious use of Tax Increment Financing (TIF) (or Tax Abatement) for those projects which demonstrate a substantial and significant public benefit by advancing public improvements in support of developments that will: create new living wage jobs, significantly benefit the City's fiscal future, retain existing employment if already at a living wage, eliminates blight, demonstrably and materially strengthens the economic base of the City through documented analyses and commitments, increases property values and tax revenues to the City's tax roll, reduces poverty, creates economic stability, stabilizes and upgrades current neighborhoods and areas, and implement projects that are consistent with the City's Comprehensive Plan. Policy Considerations: The City of Oak Park Heights will consider providing Tax Increment Financing (TIF) for projects that achieve the ALL of following. 1. Demonstrates through documentation—as required by the City-clear long-term fiscal and economic benefits to the City; 2. Provide quality employment opportunities where permanent living wage jobs are created; 3. Will significantly add to and benefit the City's commercial and industrial tax base by providing a high-quality development and that returns the property to general tax roll of the City promptly with significant remaining years of taxable value. 4. Demonstrate the achievement of the City's General Policy of TIF as well as the Additional Policy Statements and Requirements NOTE.• For the purposes of the City TIF Policy in general, "Living Wage"jobs are defined as a wage sufficient to provide the necessities and comforts essential to an acceptable standard of living found within the Oak Park Heights community. Under a reasonable living wage, someone who works an ordinary 40-hour per week jab would be able to afford shelter,fooa; health care, and other basic necessities of life within the Oak Park Heights Community. There can be distinct calculations of how a living wage is specifically determined and can vary with benefits provided and reasonable standards shall be applied, but in all cases the creation of predominantly minimum wage jobs shall not qualms to meet this standard Nor, shall be these wage rates be "averaged" into a total living wage with higher salaried individuals within a defined project for the purposes of creating a higher average. Page 15 of 84 UPDATED January 2018 Additional Policy Statements and Requirements: 1. The City intends to consider the use of TIF to provide the developer reasonable assistance for public improvements. 2. The use of TIF shall be in accordance with Minnesota law. Because changes are frequently made to state law regarding the use of TIF, conflicts in the regulations may arise. If a conflict does arise between this policy and Minnesota law, the more restrictive language shall apply as determined by the City. 3. Projects must be consistent with the City's Comprehensive Plan and other development goals of the City as determined by the City Council. 4. Developer Fees are not recoverable via TIF funding. 5. It is the obligation of the applicant to secure financing and in all cases a TIF shall be a "pay as you go". In applicable circumstances, the City will consider the use of pass-through revenue bonds that are not the financial burden or responsibility of the City. Applicable fees will be applied. 6. The City will only use "Pay as you Go" financing and will not issue public guaranteed debt nor will the City implement assessments to finance or advance fund any elements, including utilities. 7. A fiscal impact study will be required if the project involves annexation. This will be the expense of the Developer and not paid for by TIF. 8. Any project that results in transportation or other impacts that may demand improvements to County systems must be fully funded by the Developer and not via the use of TIF financing revenues nor may these create a cost sharing burden for the City. 9. The level of assistance provided to developers will be determined on a case-by- case basis. When determining the level of assistance, the City will judge the quality of the development and/or the quality of the employment opportunities generated. Based on the extent to which the project achieves the policy considerations, the City will consider providing TIF assistance to projects falling in the following categories: • Only commercial projects that encourage substantial redevelopment of substandard,polluted or blighted properties. Page 16 of 84 UPDATED January 2018 - • Taxable Research and development or and educational entities when permanent living wage jobs are created. • Manufacturing when permanent living wage jobs are created. • Major office, production, and warehouse facilities when permanent living wage jobs are created. • The City will consider limited TIF support for elements of senior multi- family affordable housing projects that meet all of the requirements for tax credits under Internal Revenue Codes . In all cases,the City will require a final TIF Plan and Agreement to be negotiated and agreed upon prior to any funding being provided. Additional Requirements: Application for TIF Assistance must be accompanied with a signed "Development Application" and the payment of a $3,000 non-refundable Application Fee. Additionally, a $10,000 escrow payment must accompany Application for TIF Assistance; these escrow funds are utilized to ensure payment of bond counsel, financial consultants, attorney's fees, etc. The Applicant is responsible to pay for all fees related to the Application and development of the TIF plan,agreements and its implementation. Page 17 of 84 UPDATED January 2018 t CITY OF OAK PARK HEIGHTS TAX INCREMENT FINANCING (TIF) /ABATEMENT APPLICATION FORM PART 1 —PROJECT GENERAL 1. Applicant Name: Address: Telephone No.: Email: Contact Person: 2. Brief description of Applicant, attach resume(s): 3. PID#s, Legal Description, address, and size of project site-provide maps and exhibits of the areas: 4. Proposed Project(description of building(s), including square footage, materials,proposed use, etc.): Attach site plan. 5. If property is being subdivided, describe division planned-attach maps: Page 18 of 84 UPDATED January 2018 6. Estimated Project Costs (please enclose construction and financing proformas) a. Land Acquisition $ b. Public Improvements C. Site Improvements d. Demolition e. Building(s) f. Equipment g. Architectural&Engineering Fees h. Legal Fees/Other Consulting Fees i. Financing Costs j. Contingencies k. Developer Fees(Not eligible but please list) 1. Other M. Other TOTAL $ 7. Source of Financing a. Equity $ b. Bank Financing C. Tax Increment Assistance d. Other e. Other TOTAL $ 8. Name and address of architect, engineer, and general contractor: 9. Project Construction Schedule: a. Construction start date b. Construction completion date C. If phased project: Year % Complete Year %Complete Page 19 of 84 UPDATED January 2018 - 10. Total estimated market value of project upon completion: $ in five years post completion$ in ten-years post completion$ Provide supporting documentation on how these future values are determined. Minimum valuations may be required. 11. Provide detailed information as to how your project: a. Demonstrates (through documentation) clear long-term benefits to the City. b. Provides quality employment opportunities where permanent living wage jobs are created; Projected number of new jobs created: Full-time Ave. Gross Wage. _Part-time Ave. Gross Wage. Seasonal Ave. Gross Wage. C. How will you propose to guarantee these jobs will be created? d. Demonstrate how your Project achieves and is in compliance with the City's General Policy on the use of TIF—attach narrative demonstrating this compliance. PART II-TAX INCREMENT/FINANCING REOUEST BACKGROUND: a. Describe the amount and purpose for which tax increment financing is required(please include proforma): Page 20 of 84 UPDATED January 2018 - b. Provide a listing of all parcel PIN#s,the current taxable values of each parcel and provide the estimated post-development taxable values upon completion of the project as well as in five years and ten years. Provide supporting documentation on how these future values are determined. C. Statement of necessity for use of tax increment financing for project, provide details as to why your project cannot secure private-side financing: d. Municipal References: Please name other municipalities wherein the applicant, or other corporations the applicant has been involved with and has completed a similar development within the last five years. e. A Letter from your attorney that the TIF proposal has the general capacity to meet applicable TIF standards for which you may be seeking under Minnesota Law(renewal,redevelopment,housing, etc): PART III-APPLICATION SUBMISSION REQUIREMENT SIGNATURES: The application must also be signed by all land owners whose properties are included in the TIF. SIGNIFICANT ADDITIONAL INFORMATION MAY BE REQUESTED AT ANY TIME BY THE CITY AND MAY BE IN ADDITION TO THE MATERIALS OUTLINED IN THIS APPLICATION. THE APPLICANT AND/OR OWNER SHALL BE REQUIRED TO SUBMIT ANY AND ALL INFORMATION AS REQEUSTED BY THE CITY. Applicant acknowledges and agrees to pay the $3,000 TIF Application Fee which is non- refundable. Additionally, the Applicant and Owner acknowledges and agrees to pay all fees and expenses incurred by the City in connection with this application or establishment of the TIF District, whether or not it is approved. The City does require a minimum deposit of$10,000 to cover such fees payable at the time of submission. That amount may be adjusted upward on a project-by-project basis. The Applicant and Owner shall hold the City, its officers, employees, consultants, attorneys, and agents harmless from any and all claims arising from or in connection with the Project or TIF Application, including but not limited to, any legal or actual violations of anv State or Federal securities laws. Applicant and Owner recognize and agree that the City reserves the right to deny any Application for Tax Increment Financing at any state of the proceedings prior to the Council adopting the resolution approving the district and its submission for certification. And, that the Applicant and Owner is not entitled to rely on any preliminary actions by the City prior to the final resolution or certification, and that all expenditures, obligations, costs, fees, or liabilities incurred by the Applicant or Owner in connection with the Project Page 21 of 84 UPDATED January 2018--- are incurred by the Applicant or Owner in connection with the Project are incurred by the Applicant and Owners sole risk and expense and not in reliance on any actions of the City. The undersigned, a duly authorized representative of the Applicant and Owner, hereby certifies that the foregoing information is true, correct, and complete as of the date hereof and agrees that the Applicant and Owner shall be bound by the terms and provisions herein. In the event the Applicant does not pay or reimburse the City for any costs it incurs related to the application, the Owner shall be additionally responsible for any such costs and does consent to any special assessment upon their property by the City to collect such costs. DATE: Applicant: By: Its: Property Owner Typed Name Date Signature Attach separate pages if more than one Owner. Page 22 of 84 Oak Park Heights Request for Council Action Meeting Date January 23d,2018 Time Required: 1 Minute Agenda Item Title: Approve Annexation Policy Update Agenda Placement Consent A end Originating Department/Reques ri son Ci Administrator Requester's Signature Action Requested A ove exation Policy Update Background/Justification(Plea indicate if any previous action has been taken or if other public bodies have advised): See attached memo and Policy revisioln. Page 23 of 84 r 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 January 18th,2018 MEMO TO: Mayor and City Council Members FROM: Eric Johnson, City Administrator RE: Annexation &Detachment Policy Update As discussed at the City Council's Worksession on January 10th, 2018, attached is the City's current annexation Policy with a proposed amendment—clarifying the need of a Fiscal Impact Study.While this type of study could have been deemed required under the current policy as written, clarifying expectations of applicants is preferred and provides staff clearer guidance. These studies are common,especially in annexation proceedings where large scale utilities are proposed or population growth is expected to occur. Further, the provision of a fiscal impact study—to be performed by an independent third party provides the City a clearer picture of what to expect from a proposed development in key areas—such as net taxes, infrastructure costs and maintenance, impacts on staff capacity and other long-term responsibilities of the City. Perhaps most importantly, a Study sheds light on what parties should be responsible for generalized development costs which is valuable in any subsequent negotiations or proceedings. Page 24 of 84 i CITY OF OAK PARK HEIGHTS ANNEXATION/DETACHMENT/UTILITY EXTENSION POLICY Backsround: The policy and position statements that follow are intended to be general in scope and are meant to serve as guiding principles for the City in addressing certain annexation issues. The City Council, however, in approving such policies expressly recognizes that annexation law may change over time and annexation issues tend to arise in the context of unique and fact-specific circumstances. The City Council therefore will, and reserves the right in the future to, analyze all annexation matters on a case-by-case basis. Nothing herein should be construed or interpreted as limiting the City Council's discretion with respect to considering specific annexation matters or to take a position that is not contained herein or is contrary to a position contained herein, should unforeseen circumstances warrant in a particular case or should such position be deemed in the best interests of the City as determined by the City Council based on the circumstances at the time. General Annexation Policies and Principles: Annexation will be guided based on the principle of opportunity primarily in response to a request from a property owner or others where the requested annexation would be expected to meet one, or more, of the following factors: 1. Assist in the implementation of and be generally consistent with the Comprehensive Plan; 2. Advance the potential to protect or enhance an environmental resource or abate an existing or potential environmental problem; 3. Enhance the efficient and cost-effective extension of infrastructure, municipal services,and transportation systems; 4. Result in a significant economic development,tax base, or job creation potential; 5. Accomplish another identified policy, goal, or strategy of the City Council. In addition to achieving one or more of the foregoing factors, the City regards annexations with the following context, although subject to specific circumstances: • Annexation fundamentally involves a change in the governmental jurisdiction of a piece of property from the township to the City or from city to city consistent with State law. • Annexation should be evaluated from both a regional context and City perspective and a decision to annex will involve the consideration of the effects of annexation on the applicable city, township, or other government jurisdictions. This may Page 25 of 84 1 include joint meetings with neighboring jurisdictions as the direction of the City Council. • The City's preference is for annexation to be initiated by property owner petition and supported by the current jurisdiction. • The City will strive to accomplish annexations under the orderly annexation procedures established in state statute whenever possible. • The City will strive to accomplish annexations in areas contiguous to City corporate limits, unless there is a compelling reason to consider a non-contiguous annexation. • Annexation decisions will be additionally guided by an analysis of infrastructure capacity, ease of infrastructure extension, and cost effectiveness of extending infrastructure. • Annexation should consider the impact of annexation on economic and environmental resources and the impact of potential transportation improvements on economic and environmental resources. • Annexation analyses should include, where applicable, such matters as an accurate projection of tax base expansion, housing units created,job creation, and salary and wage creation. Responsibilities of Requesting Party Seeking Annexation: In the event an annexation is requested on the part of a property owner(s), the property owner(s) must initiate such request in writing, provide detailed maps and legal descriptions of parcels to be annexed and shall additionally submit a $10,000 cash deposit. Upon the receipt of such request and deposit, the City will initiate a review process for such annexation consistent with State Statute and the policies stated herein. The requesting party shall be responsible for all City costs associated with the annexation request, whether or not the request is granted by the City or successful. In the event the request is contested annexation, the property owner shall provide an additional cash deposit to the City in an amount necessary as deemed by the City Council to cover all related costs and expenses of the City should the City desire to proceed with the proposal. Zoning of Lands to be Annexed: All lands annexed to the City shall enter the City as with a zoning classification of 110" Open Space. Should land become annexed into the City, the property owner may subsequently seek a rezoning of their lands subject to the processes as established by the City. 1 Page 26 of 84 i Circumstances in the Event of Detachment Request from the City: In the event there is a request for a detachment from the City, the City will seek a joint meeting with the property owners seeking such detachment and the jurisdiction to which the lands are proposed to be annexed to. Such meeting shall be held so as to gain meaningful information on the nature of the proposal, reason for the detachment request and to ensure all statutory provisions are followed. In the event the City does not satisfactorily agree to continue services outside of its jurisdictional boundaries as proposed under a detachment of City lands to another jurisdiction the City shall terminate all utility services within 30 days of the effective date of detachment. Extension of Provision of City Utility Services — Outside of Jurisdictional Boundaries: It is the formal policy of the City not to extend its utilities beyond its municipal boundaries. The singular exception to this policy has been in exchanged service areas with the City of Stillwater where both communities have agreed to serve properties in areas where the other cannot lying north of STH 36 and east of Osgood Ave. Page 27 of 84 THIS PAGE INTENTIONALLY LEFT BLANK Page 28 of 84 A' Oak Park Heights Request for Council Action Meeting Date January 23rd,2018 Time Required: 1 Minute Agenda Item Title: Approve Developers Agreement- Oak Park Senior Living—Phase V Agenda Placement Consent A end Originating Department/Reque r ohnson City Administrator Requester's Signature Action Requested A Develo ers Agreement- Oak Park Senior Living—Phase V Background/Justificationlease indicate if any previous action has been taken or if other public bodies have advised): The City Attorney has completed the final Developer's Agreement(DA)with Mr.Tim Nolde on the Oak Park Senior Living-Phase V—72-unit element and is ready for execution.Recall,this was final phase was approved by the City Council in May 2017 in Council Resolution 17-05-18.The Council did request that the DA be provided back to the Council for any final approvals or questions if any. Enclosed is the document proposed to be executed.Staff would request approval of the enclosed Developer's Agreement subject to any final revisions the City Attorney would deem necessary. Excerpt from Resolution: 2. A....m ifmquba by ae 0%ahau fildu&a pvov3aion tbatfhe Oek Pak Senior�Phare 5 vril aaaaia a aeolal end &d mt bf=avemd to dafd nnW houft The boildmSs shell renpiia taxableIran*Tdval"P&W ntioliftofftadonbeeowMWtothe00.The &vd0WW4WM be muted to the=view fad approval of the City Avon"wdCityCounA Page 29 of 84 CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA AMENDED DEVELOPER'S AGREEMENT THIS DEVELOPER'S AGREEMENT, made and entered into this day of , 2018,by and between the City of Oak Park Heights, a municipal corporation under the laws of the State of Minnesota(the "City"), and Oakgreen Villa, LLC, a Minnesota Limited Liability Company and Green Twig Villas, LLLP , a Minnesota Limited Liability Limited Partnership (collectively the"Developer"). WITNESSETH; That: WHEREAS, the Developer has made application to the City Council for approval of the General Plan- Planned Unit Development land within the corporate limits of the City described as follows: See Attached Exhibit A (the"PUD" and also known as Oak Park Senior Living IV-62 unit Senior apartment Building);and, WHEREAS,the City Council had on April 28,2015,granted approval to the General Plan- PUD, on the condition that the Developer enter into this Developer's Agreement stipulating the conditions for the installation of water, sewer and other public improvements as well as the development of on-site improvements hereinafter described, all in accordance with the terms and conditions hereinafter set forth;and, WHEREAS, The Developer and City signed a Developer's Agreement dated November 25, 2015 recorded as Document in the office of the Washington County Recorder,and Whereas, this Amended Developer's Agreement is intended to supplement but not replace the Developer's Agreement of November 25, 2015 to add provisions regarding Phase 5 of the Development; and, WHEREAS, The developer made application to the city for revisions and Amendment to the Planned Unity Agreement General Plan for Oak Park Senior Living Phase 5 to add an enclosed pedestrian walkway between buildings I and 2 and other improvements;and WHEREAS the city council granted approval to the proposal to Amend the Planned Unit Development on May 23,2017. NOW, THEREFORE, in consideration of the premises and of the mutual promises and conditions hereinafter contained,it is hereby agreed as follows: Designation of Improvements: Improvements to be installed at Developer's expense by the Developer as hereinafter provided are hereinafter referred to as "Plan A Improvements". Page 30 of 84 Improvements to be installed by the City and paid for by Developer are hereinafter referred to as "Plan B Improvements"for which there are none. 1. PLAN A IMPROVEMENTS: The Developer will construct at Developer's expense the following improvements under Plan A according to the following terms and conditions: A. The Developer shall do all site grading, common greenway and open spaces, storm water storage ponds, surface drainage ways and all private driveways including sodding of boulevards, all in accordance with the approved grading, drainage and site plan. A grading plan with maximum two (2) foot contours,pad elevations,drainage provisions, erosion control provisions and cross sections, as necessary, shall be submitted to and approved by the City prior to commencement of any site grading. Any changes to the grading plan during construction shall be submitted to the City for approval. Each building site must conform to the grading plan approved by the Building Inspector of the City of Oak Park Heights prior to a building permit being issued. B. The Developer shall control soil erosion ensuring: 1. All development shall conform to the natural limitations presented by the topography and soil of the PUD in order to create the best potential for preventing soil erosion. The Developer shall submit an erosion control plan, detailing all erosion control measures to be implemented during construction, said plan shall be approved by the City prior to the commencement of site grading or construction. 2. Erosion and siltation control measures shall be coordinated with the different stages of development. Appropriate control measures as required by the City Engineer shall be installed prior to development and as may be necessary to control erosion. 3. Land shall be developed in increments of workable size such that adequate erosion and siltation controls can be provided as construction progresses. The smallest practical area of land shall be exposed at any one period of time. 4. Where the topsoil is removed, sufficient arable soil shall be set aside for respreading over the developed area The topsoil shall be restored to a depth of at least four(4)inches and shall be of a quality at least equal to the soil quality prior to development. 5. The Developer shall not locate its equipment within the right-of-way 2 Page 31 of 84 of 58th Street as acquired by the City of Oak Park Heights adjacent to this development without the express written consent of the City Engineer. C. The Developer shall place iron monuments at all lot and block corners and at all other angle points on boundary lines. Iron monuments shall be replaced after all street and lawn grading has been completed in order to preserve the lot markers. D. The Developer shall be responsible for maintaining the location of and protecting curb stops, water services and sewer services. Any service or curb stop damaged shall be repaired or replaced as specified by the City. The Developer shall make all necessary adjustments to the curb stops to bring thein flush with the topsoil(after grading)or driveway surface. E. The Developer shall be required to provide landscaping and screening as determined by the City and as required by the ordinances of the City. Final landscaping plans must be submitted to the office of the City Planner for approval. F. The Developer shall be responsible for street maintenance, including curbs, boulevards, sod and street sweeping until the project is complete. All streets shall be maintained free of debris and soil until the PUD is completed. Warning signs shall be placed when hazards develop in streets to prevent the public from traveling on same and directing attention to detours. The repair of any damage done to the streets or public utilities by Developer or any of its Contractors or Subcontractors, shall remain the financial responsibility of the Developer. G. The Developer shall furnish site lighting in accordance with the City Ordinance requirements pursuant to a plan which must receive the approval of the City Planner. General Requirements: I. The Developer shall dedicate and survey all drainage and storm water holding ponds as required by the City and to be shown on the final plat. The Developer shall be responsible for storm sewer cleaning and holding pond dredging,as required,by the City prior to completion of the development. The City of Oak Park Heights is requiring Developer to dedicate storm water drainage areas and holding ponds to serve Developer's project. Such areas are incorporated within the drainage easements depicted on the final plat and upon execution of this Developer's Agreement and the recording of the final 3 Page 32 of 84 plat conveyed to the City of Oak Park Heights. J. The Developer shall be responsible for securing all necessary approvals and Permits from all appropriate federal, state, regional and local jurisdictions prior to the commencement of site grading or constriction. M. Tree Protection and Clearing: The Developer must have the City Arborist or a person under her designation providing on-site supervision and direction during the clearing process. Prior to the clearing operation being initiated all clearing limits and trees to be protected shall be clearly marked. Tree protection fencing shall be installed and maintained until after grading is complete. All fencing shall be installed at least 20 feet distant from the trunks of large shade trees (deciduous) and around coniferous trees no closer than the drip line. Silt fencing may not be used as a substitute for tree protection fencing. Fencing shall be orange in color with steel posts at 6-8 foot intervals. The City Arborist shall be contacted by Developer for an inspection after the fencing is installed.. All tree replacement fees due the City pursuant to the City Tree Protection ordinance following shall be paid within 10 days following the Arborists certification of amounts due. O. Warranty of Title. By its execution hereof Developer hereby warrants and represents that it has the exclusive and marketable fee title to the subject property. Developer further warrants and represents that there are no liens or encumbrances against the title and that it is fully authorized to execute this Developer's Agreement as the fee owner of the subject lands. P. Fire Hydrants. All fire hydrants throughout the development shall incorporate an AFC- Waterous Storz Nozzle. The hydrant pumper nozzle shall be of one-piece design, compatible with a five inch Storz hose coupling. The nozzle shall be an integral part of the fire hydrants and must be furnished by the manufacturer or authorized distributor designated by the manufacturer. Storz adapters will not be accepted. Q. Utility Locations in City Right of Way. In order to maintain compliance with regulations promulgated from the Minnesota Office of Pipeline Safety the developer,its contractors, subcontractors,and agents shall comply with the following requirements: 4 Page 33 of 84 1. All right of way work shall require an application with a plan that shall be submitted for city review prior to any work performed in the right of way areas. 2. The layout of utilities, including depths,off-sets and materials shall be documented during construction and confirmed with city staff during the installation process. 3. All lots are required to submit an accurate tie card showing the utilities installed and measurements from fixed objects(corner of house, fire hydrants, etc.)to the curb stop,location pins, clean outs and tie in points for all utilities. 4. Multi-family and commercial lots must provide,in addition to the above, professional as built drawings confirmed by field survey, showing the required information. In addition Engineering grade GPS coordinates in the Washington County coordinate system shall be supplied by the builder. These will allow the coordinates to be electronically incorporated in to future city mapping. 5. All installations will require pins be installed directly above all utility lines where they cross lot lines. A corrosion protected trace wire shall be installed six inches below final grade directly above all new utility installations at a minimum through the right of way. The trace wire and tail shall be terminated in a capped vertical conduit that is within two inches of the final grade and pin located at the lot line. 6. The Developer shall hold harmless and indemnify the City of Oak Park Heights from any and all loss or damage resulting from its failure to comply with these requirements including but not limited to expenses the City incurs in correcting errors in information provided by Developer its agents or contractors or remediating problems resulting there from in the right of way. 7. Upon failure to provide full documentation as required the City shall notify the Developer who shall have 30 days to secure full compliance. Failure to comply will result in the work being assigned by the City to an outside professional for completion of the necessary work. Any costs incurred in resolving these requirements shall be assessed to the property or offset from security required under this Developer's Agreement. 8. City staff shall document the time and materials required to review, confirm and accept the installation documentation and shall invoice Developer for the costs based on the actual work involved or on a fee schedule adopted by the City Council. P. Underground Installation of Electrical Distribution Lines. Pursuant to City ordinance Chapter 1008 all electrical distribution lines located or to be located upon the site shall be installed.and maintained underground. 5 Page 34 of 84 2. DESCRIPTION OF PLAN A IMPROVEMENTS ESTIMATED COST See Attached"Exhibit Plan A Site Costs and revision thereto" TOTAL ESTIMATED CONSTRUCTION COST OF PLAN A IMPROVEMENTS: $ ESTIMATED ENGINEERING, LEGAL AND ADMINISTRATIVE(201/1o): $ TOTAL ESTIMATED CONSTRUCTION COST $ OF PLAN A ROPROVEMENTS: SECURITY REQUIREMENT(25%) $ TOTAL PLAN A ESCROW $ 3. CONSTRUCTION OF PLANA IMPROVEMENTS. A. Construction. The construction, installation, materials and equipment shall be in accordance with the plans and specifications approved by the City. B. Inspection. All of the work shall be under and subject to the inspection and approval of the City and, where appropriate, any other governmental agency having jurisdiction. C. Easements. The Developers shall dedicate to the City, upon approval of the final plat, at no cost to the City, all permanent or temporary easements necessary for the construction and installation of the Plan A and Plan B Improvements as determined by the City. All such easements required by the City shall be in writing, and in recordable form, containing such terms and conditions as the City shall determine. If within the platted area,all such easements shall be dedicated to the City and specifically described within the Plat. As it affects all easements located outside the platted area, the same shall be dedicated by separate easement conveyed to the City of Oak Park Heights prior to the execution of the Developer's Agreement. The final plat 6 Page 35 of 84 shall be fully executed and provided to the City prior to the execution of the Developer's Agreement. D. Faithful Performance of Construction Contracts. The Developer will fully and faithfully comply with all terms and conditions of any and all contracts entered into by the Developer for the installation and construction of all Plan A Improvements and hereby guarantees the workmanship and materials for a period of one year following the City's final acceptance of the Plan A Improvements. Concurrently with the execution of this Developer's Agreement, Developer or its general contractor shall provide a Performance Bond to the City of Oak Park Heights in a form to be approved by the City Attorney, guaranteeing the performance by Developer of the construction of the Plan A Improvements in a timely and proper manner. Additionally, Developer guarantees and agrees that, should the City of Oak Park heights need to apply a claim on said Performance Bond,that Developer shall pay all attorney's fees and administrative expenses associated with said action. E. Escrow. No work shall be commenced under this Developer's Agreement until the Developer shall have filed with the City a cash deposit, certified check or Letter of Credit(in a form to be approved by the City Attorney) in the amount equal to the total estimated cost of the Plan B improvements plus a security requirement of 25% in the total amount of$ . The City shall have the right to apply against the Letter of Credit all bills incurred by the City with regard to the Plan A improvements,however,the City shall provide the Developer the opportunity to pay for said improvements as bills are incurred, in cash, rather than applying payments as against the Letter of Credit provided to the City, if a Letter of Credit is used in lieu of a cash escrow by the Developer. In such case,the Developer shall have 10 business days from the time of submission of the bill by the City to the Developer to pay to the City such amount in cash so that the City can use the payment to pay the amount due in lieu of drawing down on the Letter of Credit or other escrow on file with the City of Oak Park Heights. 4. CASH ESCROW ACCOUNT. The Developer shall provide a cash escrow account to the City of Oak Park Heights in the amount of$ to reimburse the City of Oak Park Heights for previous billed expenses relating to this development. 5. GENERAL: A. Binding Effect. The terms and provisions hereof shall be binding upon and inure to'the benefit of the heirs, representatives, successors and assigns of the parties hereto and shall be binding upon all future owners 7 Page 36 of 84 of all or any part of the PUD and shall be deemed covenants running with the land. References herein to Developer,if there be more than one, shall mean each and all of them. The Agreement, at the option of the City, shall be placed on record so as to.give notice hereof to subsequent purchasers and encumbrances of all or any part of the PUD and all recording fees,if any, shall be paid by the Developer. B. Final Plat Approval. The City has given final approval to the plat of the Oak Park Senior Living upon execution and delivery of this Agreement and of all required documents and security, subject to compliance with the Ordinances of the City and terms and provisions hereof,permits may be issued by the City. C. Incorporation of Reference. All plans, special provisions,proposals, specifications and contracts for the improvements furnished and let pursuant to this Agreement shall be and hereby are made a part of this Agreement by reference as fully as if set out herein in full. Specifically the following Planning Reports and Engineering files and final documentation approved by the City Planner and the City Engineer are specifically incorporated by reference herein and included herein as if originally made part of this agreement. 1. January 8, 2015 letter from the City Planner TPC File # 236.02-14.08. 2. January 21, 2015 letter from the City Planner TPC File # 236.02-14.08 3. July 23, 2015 Letter from Stantec Re: Oakgreen Senior Living Phase IV. 4. Reports of City Planner dated May 4,2017 D. Amended P.U.D. Permit. The City of Oak Park Heights shall file the Amended Planned Unit Development Permit of record in the office of the County Recorder. Providing that the Developer is not in default under the terms of the Development Agreement, the City shall provide appropriate releases to the financial aspects of same and documentation to individual buyers of lots. E. Administrative and Miscellaneous Expenses. As to any and all administrative, legal or engineering costs which the Developer is expected to pay to the City of Oak Park Heights,which costs may be offset against the Plan A security which the Developer has filed and provided to the City of Oak Park Heights, the Developer shall be given the opportunity to review and comment on such costs prior to the application by the City of Oak Park Heights to the cash deposit or 8 Page 37 of 84 letter of credit. Should the Developer dispute the reasonableness of any of the City's charges, Developer shall have the right to submit any such dispute to arbitration at Developer's sole and exclusive expense. Arbitration shall be conducted by the American Arbitration Association and shall be initiated and paid for by Developer. F. Establishment of Construction Schedules. The Developer with the consent of the City Engineer shall establish and implement construction schedules for Plan A improvements. G. Zoe. All land identified in Exhibit A has been designated a zoning classification of PUD by the City Council. All future use and development shall comply with the applicable provisions of the relevant zoning ordinance of the City of Oak Park Heights relating thereto. H. Street Grades. The grades of all streets shall not exceed 8% and the minimum grade shall not be less than.5%. K. Handicapped Parking. Location of disability/ handicapped stalls shall be made more efficient with regard to serving all of the areas of the proposed facility. Disability/handicap parking stalls will be established throughout the entire parking complex to provide reasonable handicapped access throughout the senior community. L. Landscaping. A final landscaping plan shall be developed and submitted to the City Planner by Developer. In addition the following modifications to the landscape plan shall be implemented subject to final modifications by the City Planner: 1. Street trees shall be added in accordance with the approved landscaping plan 2. The planting details depicted within the landscape plan shall implement a lowest branching height to provide a uniform appearance and to allow clearance for pedestrians, all in a manner to be designated and approved by the City Forester. 3. Sodding and Seeding are discussed in the planting notes but not defined in the illustration plans. The areas of sodding and seeding shall be identified in a final plan to be submitted and approved by the City Forester. M. Trash Receptacles. Trash receptacle areas have been designated on 9 Page 38 of 84 the site plan for the entire building. All tenants of the building will be required to utilize these trash receptacles or will be required to store trash internally. N. Li tin . Developers must submit a lighting plan to the City Council. A photo-metric lighting plan shall be submitted and subject to review and specific approval of City Staff and City Council. All lighting shall be hooded and controlled so as not to direct light source to adjacent lands and not to be visible from the public right-of-way or from adjacent properties in compliance with Section 401.15B.7 of the Zoning Ordinance. O. SiPnage. A master signage plan has been developed by the Developer and submitted to the office of the City Planner for approval. All signage shall be conformed to the master signage plan so approved by the City Planner. P. Any changes to the submitted landscape plan resulting from changes to the stormwater ponding areas shall be subject to review and approval of the City Council. Q. Indemnification: To the fullest extent permitted by law, the Developers shall indemnify and hold harmless the City of Oak Park Heights, its agents and employees from and against any and all claims,damages, losses or expenses, including but not limited to attorney's fees, arising out of the issuance of this Developer's Agreement by the City of Oak Park Heights and/or arising out of the performance or non-performance of its obligations hereunder by Developer. Q. Council Imposed Conditions. The following conditions have been imposed by the city council as a condition of approval of this project. a. The Final Plat for Oak Park Senior Living Second Addition,as well as the dedication and vacation of any easements,shall be subject to the review and approval of the City Engineer and City Attorney. b. An amended development agreement,if required by the City,shall include a provision that the Oak Park Senior Living Phase 5 shall remain as senior rental and shall not be converted to non-restricted rental housing. The buildings shall remain taxable or an equivalent payment in lieu of taxes shall be conveyed to the City.The development agreement shall be subject to the review and approval of the City Attorney and City Council. c. A revised plan shall be provided indicating a reduction in the median size or elimination of a parking stall to improve access at the front of Building 5. 10 Page 39 of 84 Additionally,the access between the new building and the dog park shall be signed so that there is no left turn allowed. d. The Planning Commission was favorable to and the City Council approves the proposed setback from Nova Scotia Avenue North to Building 5. e. The landscape plan shall be subject to review and approval of the City Arborist. f. The grading and drainage plans shall be subject to City Engineer and the Middle St. Croix Watershed Management Organization approval. g. All utility plans shall be subject to review and approval of the City Engineer. h. The Planning Commission was favorable to and the City Council approves the non- shielded,residential style light fixtures. i. The Fire Chief and Police Chief shall review and approve the final plans to determine the accessibility of emergency vehicles throughout the development. j. No parallel parking shall be allowed on the street network and shall be signed as such. k. The snow storage areas and plan shall be subject to review and approval of the City Engineer. 1. A plan for sign lighting shall be provided at the time of the sign permitting process. in. Any mechanical equipment that is ground mounted or visible from adjacent streets shall be screened as required by the Zoning Ordinance. n. All trash and recycling storage shall be internal to the building. o. The Planning Commission was favorable to and the City Council approves the proposed building height of 38 feet. p. The Planning Commission was favorable to and the City Council approves the final building appearance,colors,materials and the variety between buildings. The Applicant shall provide a materials board for the buildings to be discussed at the City Council meeting. S. Conversion of Buildings Into Tax Exempt Property. Developer has warranted to the City, the building to be constructed upon the property will be held exclusively for residential rental for unsubsidized affordable senior housing. They are to be held in private ownership and at a "for profit" status. Developer agrees that any conversion of the land or buildings to"non-profit' or "not for profit" status will require approval of the City of Oak Park Heights" and that Developer, its heirs and or assigns, shall enter into a Payment in Lieu of Taxes Agreement (PILOT) with the City to compensate the City for the loss of tax revenue generated from the project should that 11 Page 40 of 84 change in status occur. The PILOT agreement shall contain the content and form as approved by the City Attorney. T. Senior Rental Housing. Developer has warranted to the city that the structures and residential units to be completed on the site shall be used and maintained exclusively for Senior Residential Housing. City approvals and transportation projections, municipal services and land use has all been predicated upon Developer's warranty. The Buildings and their occupancies are to remain dedicated for senior rental as defined by the Developer to be for persons age 55 and above. Provisions within leases implementing the restriction and enforcement terms there of shall be submitted to City staff for review and shall be used consistently within all leasing agreements. Unless otherwise approved by the City of Oak Park Heights, no use of the buildings shall be implemented or allowed by Developer, its heirs and assignees, except as senior rental housing. U. EMS SERVICES AND 911 CALLS 1. Emergency Services via Bayport Fire Department At such time when the Development(defined as the area controlled by Developer bounded by Nova Scotia Ave; 58a'Street, Oakgreen Ave and the city trail located along it's a north property line of the overall site; exceeds 20.0 percent of all City emergency calls responded to by the Bayport Fire Department(including fire, good intent, false alarm and EMS/rescue, etc.), the Developers shall make an annual payment to the City an amount equal to the cost impact the Development has on the City's cost contribution to the Bayport Fire Department for services over the 20.0 percent. 2. Billing. The City will directly bill the Developers after the City determines the annual use generated by the Development and its impact on the City Fair Share Formula or other future contribution protocol. The City will determine annual use at the Development based on information provided by the Bayport Fire Department `actual-run' data or other reliable source data. 3 Change of Fire/EMS provider to City_ Should the City's relationship with the Bayport Fire Department and/or is financial relationships substantially change, the City reserves the right to amend this language as may be needed to compensate for new Fire and/or EMS service vendor costs. 4 Disclaimer. While it is anticipated that the City can provide adequate emergency responses to the Development,the City does not guaranty that it has adequate resources to respond to all emergencies or provide same in perpetuity. The City further indicates to the Developers that it should consider the implementation of necessary"on-site"staff and other emergency mitigation resources so that emergency EMS/Rescue calls could be handled 12 Page 41 of 84 internally and directly with appropriate health care providers and potentially deleting the need of the City responses. U. Notice/Remedies on Default or Violation of this Agreement 1. Whenever any event of default or failure to conform to the terms and conditions of this Agreement occurs, the City shall give written notice of the event of default or failure to perform to the Developer by United States Mail at the following address: If to Developer: Oakgreen Villa, LLC P.O. Box 119 Stillwater,MN 55082 Attn: Tim Nolde If to City: City of Oak Park Heights 14168 Oak Park Blvd.North Oak Park Heights,Minnesota 55082 Attn: City Administrator With a copy to: Eckberg, Lammers, Briggs,Wolff&Vierling, P.L.L.P. 1809 Northwestern Avenue, Suite 110 Stillwater,Minnesota 55082 Attn: Mark Vierling Developer agrees to provide the City with the name and mailing address of any subsequent Lot Owner acquiring any Lot from Developer. 2. Except as otherwise provided in this Developer's Agreement, if the Developer or other party to which notice was provided above, fails to cure the event of default or failure to perform within 10 days after the date of the mailed notice or fails to undertake said cure and diligently pursue the same if it cannot reasonably be done within said 10 day period, in addition to any other remedy provided in this Developer's Agreement and without waiver of any such right, the City may, after providing written notice of default to the Developer, avail itself of any or all of the following remedies for as long as the Developer and/or any other Lot Owner is in default. WNC, in the event of Notice of default, will be allowed to substitute its performance for that of Developer and provide a cure for the default. 13 Page 42 of 84 a. Halt all. plat development work and construction of development improvements on the Lot of the defaulting Lot Owner until such time as the event of default is cured. b. Refuse to issue building permits or occupancy permits as to the Lot of the defaulting Lot Owner until such time as the event of default is cured. C. Apply to a court of competent jurisdiction to enjoin continuation of the event of default. d. If the event of default is a failure of the Developer to complete, construct, install or correct the Plan A Activities or the Plan B Improvements in accordance with the plans and specifications under this Agreement, the City may perform such construction or work and the Developer shall reimburse the City for its expenses incurred. This provision shall be a license granted by the Developer and/or any other Lot Owner to the City to so act, but shall not require the City to take any such action. This remedy is in addition to and not in lieu of the City's right to draw on the Plan A Security. 14 Page 43 of 84 IN WITNESS WHEREOF, the City and Developer have caused this Developer's Agreement to be duly executed on the date and year first above written. In the presence of CITY OF OAK PARK HEIGHTS Mary McComber Mayor Eric Johnson City Administrator STATE OF MINNESOTA ) )ss. COUNTY OF WASHINGTON) On this day of , 2018 before me a Notary Public, within and for said County personally appeared Mary McComber and Eric Johnson, to me personally known, being each by me duly sworn did say that they are respectively the Mayor and the Administrator of the City of Oak Park Heights, the municipal corporation named in the foregoing instrument; and that the seal affixed to said instrument is the corporate seal of said corporation, and that said instrument was signed and sealed on behalf of said municipal corporation by authority of its City Council and said Mayor and Administrator acknowledged said instnnnent to be the free act and deed of said municipal corporation. Notary Public 15 Page 44 of 84 In the presence of. Oakgreen Villa,LLC Its Its STATE OF MINNESOTA ) )ss. COUNTY OF WASHINGTON) On this day of , 2018, before me a Notary Public, within and for said County personally appeared and ,to me personally known, being each by me duly sworn did say that they are respectively the and of Oakgreen Villa, LLC, a Minnesota Limited Liability Company, named in the foregoing instrument by authority of its Board of Governors and said and acknowledged said instrument to be the free act and deed of said entity. Notary Public 16 Page 45 of 84 In the presence of: Green Twig Villas,LLLP Its General Partner STATE OF MINNESOTA ) ) ss. COUNTY OF WASHINGTON) On this day of , 2018, before me a Notary Public, within and for said County personally appeared , to me personally known by me duly sworn did say that he is the General Partner of Green Twig Villas, LLLP, a Minnesota Limited Liability Limited Partnership, named in the foregoing instrument by authority of its general partner acknowledged said instrument to be the flee act and deed of said entity. Notary Public 17 Page 46 of 84 THIS INSTRUMENT WAS DRAFTED BY: Mark J.Vierling Eckberg, Lammers,Briggs,Wolff &Vierling,P.L.L.P. 1835 Northwestern Avenue Stillwater,MN 55082 (612)439-2878 18 Page 47 of 84 EXIDBIT A LEGAL DESCRIPTION OAK PARK SENIOR LIVING 5 PROJECT Lot 1, Block 3, OAK PARK SENIOR LIVING SECOND ADDITION Lot 2 Block 2, Outlot A, Outlot B and Outlot OAK PARK SENIOR LIVING, and Carriage House Co-op and Assisted Living, lot I Block 1 and Outlot A according to the plat thereof on file and of record in the office of the Registrar of Titles,Washington County,Minnesota. 19 Page 48 of 84 EXHIBIT PLANNERS REPORTS AND SITE PLANS May 4,2017 20 Page 49 of 84 THIS PAGE INTENTIONALLY LEFT BLANK Page 50 of 84 Oak Park Heights Request for Council Action Meeting Date: Tuesday January 23, 2018 Agenda Item : Sunnyside Lift Station Replacement-Bidding Time Req. 3 Minutes Agenda Placement: Old Business Originating Deparkment/Reques :Andy Kegley Public Works Director Requester's Signature Action Requested: Authori� en ineerin consultant to seek bids for Project Background/Justification(Please indicate any previous action has been taken or if other public bodies have been advised). Plans and specifications to replace the Sunnyside lift station are nearly complete. Stantec has provided drawings and the attached memo that provides an estimated construction cost of $575,000. The estimated construction cost does not include Stantec fees. Recall the design phase of the project was approved at the October 24,2018 Council meeting which authorized Stantec to draft plans and specifications and let the project for bidding. All design services work,including letting the project for bids and recommending an award is included in a not to exceed lump sum fee of$80,500. So that there is no misinterpretation, Staff is requesting the Council approve Stantec' s plans and specifications subject to City staff review and approval and authorize advertisement for contractor bids.Bids will be collected by February 21,2018 and a recommendation will be provided to Council at or near the February 27,2018 Council meeting. Page 51 of 84 Stantec Consulting Services Inc. 2335 Highway 36 West Stantec St.Paul MN 55113 January 19,2018 File: 193803929 Attention: Eric Johnson City Administrator City of Oak Park Heights 14168 Oak Park Boulevard Oak Park Heights,MN 55082 Reference: Sunnyside Lift Station-Approve Plans&Specifications,Authorize Bidding Dear Eric, As requested,we have prepared plans and specifications for the Sunnyside Lift Station Replacement Project (attached). The project consists of constructing a new duplex submersible style lift station adjacent to the existing lift station in the lower parking area of the Sunnyside Marina, near the bathroom building.The new station wet well will contain the submersible pumps along with a new valve vault and the existing station will be filled and abandoned. The total construction cost for the project is currently estimated to be$575,000. This estimated cost includes two alternate bid items:one, for replacing much of the forcemain in the parking lot replacement area and two,replacing the conduit for the secondary electrical service. Both items have been buried for nearly 40 years so the actual condition of the pipe and conduit is not known. By adding the alternate items,the City can approve the alternate items as part of the contract if we determine they are in need of replacement and if the costs are acceptable. To move this project forward,we recommend that Council approve plans and specifications and authorize advertisement for contractor bids at the January 23th Council meeting. Bids could then be received on February 21 st and brought back to Council for review at the February 27th Council meeting.The work under this contract would be substantially completed between May Id and Septemberl st,2018. If you have any questions or require further information please call me at (651)604-4850. Regards, Stantec Consulting Services Inc. )71 . Lee'M.Mann, PE City Engineer Phone:651-604-4850 Lee.mann@stantec.com Design with community in mind Page 52 of 84 January 19,2018 Eric Johnson Page 2 of 2 Reference: Sunnyside lift Station-Approve Plans&Specifications,Authorize Bidding Attachment: Sunnyside Lift Station Plan Set c. Andy Kegley, City of Oak Park Heights Tim Grinstead,Stantec Design with community in mind Page 53 of 84 C 2335 Highway 36 West,St. Paul MN 55113-3819 October 13,2017 File:193885119 Attention: Mr.Andy Kegley City of Oak Park Heights 14168 Oak Park Boulevard PO Box 2007 Oak Park Heights.MN suso& Reference: Proposal for Engineering Services-Sunnyside Lift Station Dear Andy, This letter outlines the Scope of Services and estimated costs for providing design and construction services for the replacement of the City of Oak Park Heights Sunnyside Lift Station,as outlined in our.lune 20,2017 feasibility report, It is our understanding that Option 2 will be recommended for the design,bidding and construction of the replacement of the Sunnyside Lift Station. This option consists of constructing anew duplex submersible style lift station adjacent to the existing lift station in the lower parking area near the Marina bathroom building.The new station wet well would contain the submersible pumps along with a new valve vault and the existing station would be filled and abandoned. This option requires acquisition of new permanent easement area from the adjacent property. The design and construction services phases for this project would consist of the following tasks: YDesign Services Please: Task 1—Five meetings with City staff to verify aspects and features of design from the feasibility report and to verify site within Plat. Task 2-Design survey of the property. Task 3-Assist with acquisition of the ne-vv permanent easement.Provide one easement sketch and legal description for one easement. Task 4-One design of the new sanitary lift station,based on option 2 of the feasibility report,forcemain connection,and demolition of the existing sanitary lift station. Tasks,-Prenaration of Plans and Snecifications based on Task 4, Task 6-Submission of construction documents to the DNR for review. Task 7-Assistance to bid the project one time and recommend awarding the contract. Page 54 of 84 October 13,2017 Mr.Andy Kegley Page 2 of 3 Reference: Proposal for Engineering Services -Sunnyside Iaft Station Construction Services Phase: Task 1—Provide Construction Surveying/Staking. Y ask 2—Hold Preconstruction meeting,provide periodic construction inspections,and prepare weekly progress reports. Task 3—Provide Construction Engineering services to include reviewing Contractor submitted shop drawings,interpret plans and specifications for Contractor requests for information,create change orders if changes in the contract are required and submit to the City for approval.Prepare pay requests and submit to the City for approval. Task 4—Perform startup services of the new sanitary lift station(two iterations). Task 5-Preparation of As-Built drawings following completion of construction,review and compile all Contractor submitted Operation&Maintenance Manuals. This includes updating the City's GIS base map files as related to the lift station project. 1 The Design Services Phase will be performed for a lump sum fee of$8o,,5oo. The Construction Services Phase will be performed on an hourly not-to-exceed basis with the range of$50,1oo-$62,6o0. Expenses are estimated at$5000. The total estimated fee range with expenses is$135,600-$148,ioo.This scope and fee assumes that the project will commence from start to finish with no interruption of engineering services. This letter and scope of services represent the understanding between the City and Stantec in respect to the Project and may only be modified in writing signed by the City and Stantec is subject to the current Master Services Agreement between the City and Stantec. If this letter satisfactorily sets forth conditions of our Agreement,please sign in the space below and return one copy to our office.Thank you for the opportunity to provide these services and we look forward to working with you and City staff on this project. CITY OF OAK PARK HEIGHT By City Administrator -11/2/1- Print Name and title Page 55 of 84 October 13,2017 Mr.Andy Kegley Page 3 of 3 Reference: Proposal for Engineering Services-Sunnyside Lift Station Date If you have any questions,need additional information,or wish to discuss this matter in greater detail,please contact me. Regards, STANTEC CONSULTING SERVICES INC. Lee M.Mann P.E. Tian Grinstead,P.E. City Engineer Associate 651-604-4850 651-604-4881 Lee.mann@stantec.com Tim.grinstead@stantec.com c: file Page 56 of 84 • ate,.,., — ^CIIRM.IIMY ar. x�..AxsaR m aawas19YS 31111 ,:�1ue��+ EVIO L'}3rOSd NOLLV1SUll301SANNf1S8lob 69 O `�'F 7 S3NNIW'S1H0I3H JI21bd JIbO €� �0 g o C ? Z rj U U U U L z Z Z Z Z � S :3 :01 > > > O U O O O O a 0 E dU U U U 3 ` a z LL i U 0 yl I $ IRE": NUB Ing Il' lal W of oot0IZ U Lu Lu y = Y > ac '> O � > y U Y = Y Y Z U 0 < U �i1 < Z E3 � a � � ; � I ;Ll A ®®® m® V) o, ®® �® W Ol O J 0rx 02 ix Q CL CL Z Z oo I i 1 W U o 0 W w O N ®® I Z O D U a -- - U Z CL zCX B 00 3 O CSI _ .-. _.._ . z = 1i o Ng 1 mmil 19 i► — N' tl 3 — -- ""." Page 57 of 84 w..aim,<....,.,d,�.•.,,o.,....�.,.. .�.•.�....a ausmr�w�s N MRM..PMft6 103fO71d NOILd1S 1�n 301SANNf1S 9 toz O 7a ue4s ® a, "";" ,M; tilOS3NNIVN'SIHOSH NNW NYO Oil II I I . I IIII jlt . Ii m IATA li " " Alli " �xg . E �� IA4II� �� : i " ; I -- I ` "�i I I Ilili � i IIII I4IIi IItIIIiI tillil I g IIII o� Isis � � � a � � � IIIiIIiiIIIIIIIIIIIIiII � IIIIIIIIIIIIIIIIIIIIIII p� � � � IIIIIIIIIIIIIIIilllllll i' ® ® ® ® • B • ® . . • • • . 1 . O + =arQ t g6€ ��� � EEEZ3YSLE8L� � y � IIIIIIIIIIIIIIIIIIIIIII p 9tM�k'k0 'A '4k Vk 00IN >Io0 fi g � © 1,4 € X- rc 4 g s11019 ® • oaAlsa g . . }• x� ® 5 a �6 ! ri L t] .6 ® ® ® ® • ® ® ® m © e ® m � � � B I~ o ....��W.o.,,...�.« ....�.dp Page "T r°av"°""`M* Mn �ls awrxx Nv1d 3115 No¢now3O 3 1=9 s? 103fObd NO11V1S un 301SANNnS O LOb �$ ,a}u s VIOS3NNIW'S.LHO13H YSVd NVO r I s I I I I I I$ � ORO,01 a Will u 1 '- � 1. 'yn 1, ! ��L I I 111j11/' NOUOM QNV NVIJ mofi10v730 Ncavismn L)3rO?ldNoLLyislin3OlS),NNnsgioz 30:1up4s VlOS3NNlW'SlH0GH)l8Vd)lVO 2 ld MEMEN&W -- d ..-i jd d d oo ellssmvtwle �� NV1d 3115 @ fnx/enAN StR �•"" �aluns ® — w 103rONdNOUV1SW MsANNf1S8= VIORNNIW'S1HOGH AW)WO !U g is Z® ai som I gig jg �b " �as m ss,_ >� gin lop WH gig p No 11 X .,1 1 1 1♦♦ 1 d � � I y / I\ I ♦ I!lLI, •`/'_'1� '' 'ice _ �ly jl I •ei� Hill If 12 kill goo kill HMO1 R \ age 61 of 84 NVId MOLMS 14n io3rOZldNOLLViSI411901SANNnssioz »�u S ® ,„�„ 9—N9 M V1OS3NN1W'S1H019H)R1Vd)IVO ■ 011 0 A —T— LLI pp lb S z z 0 <F jr Its 0 12 Rall Page x nxwxwis anmim NORMSNOLLYISlin M'cuwA�wa a���p.�� 103fOSd NOLLV1S 1dI1301SANNf1S B I0Z � �„'''ff "�°"��""""°"°°" ViOS3NNIW"S.LHOSH)INVdNVO I I IiL I II nl IlM, gig N AIT ^a S u u Rt F F� _ M w < � Z a d $ $ oily d d ,,, age 63 of 84 S11V13(3 NQ1VLS tin 3 E MR�AIf[R •. 103�Obd NOLLVIS Al 301SANNns 9 ioZ ® ,m ~`^~ ` IOMMW'S1HO13H ANW)WO a��u s g V 0 g� aka � 6'F m fill Hum e H Page � nisrovvwn axv,m NOLL�35ONV NYld 71VM'JNNIg3a b irarux�au .� �@�� 103fObd NOLLV1S1311301SANNnsotoZ ,� V1OS3NNIW'S1H013H)1MVd)IVO EI: _ ei >Y g � Ila 81 Q �> 61 BP Q= Oil W 121 s Hag R 11 Z _ 8 z _ a 0 c � 1 r- a ,nIIC bill � 3 0 1 o > = pig II- a 17 L DIE 1 b 2 2 L `\ 123 7\ ¢S age.65 of 84 nlrrvsolw mN.�. NVld 3JIslY:)IML')'3E 8 �S M1fAMIp19R Lo3rO21d NOLLVLS AI 301SANNnS 8lOZ p 3mue45 V1OS3NNIW'S1H019H ANYd VIVO $ 1w g oIsm till RIM I G HIM ray .11 fn � NZ t, _ \ I 11,701�♦` 11 1 i 1 1 1 1, I 1 ♦� yy ` . ..�.. 1 MR S "vw ONVNV1d NOLLV1Sld11 __ lVZOM 7a�u�s n3fOMdNouYujin3OISANNnSBIOZ - q0 " am"w w,, ,o® V-LOS3NNIW'S1HO13H YaVd 71VO p Fw g3 �W b Nis P1 g j'a 12 m e 13 A 11\ Q K W J �� 5 LU j u O .—Jage 67 of 84 THIS PAGE INTENTIONALLY LEFT BLANK Page 68 of 84 Oak Park Heights Request for Council Action Meeting Date: January 23rd, 2018 Time Required: 5 minutes Agenda Item Title: Nolde—Phase 7Rb/y/e/ue Bond Preliminaa Aroval Agenda Placement: New Bus' es // / Originating Department/Req ston Qiy Administrator Requester's Signature Action Requested Discussion ossible action Back2roun&Justificafion fflea 'indicate if any previous action has been taken or if other Public bodies have advised): Mr. Tim Nolde has again approached the City about the issuance of pass-through revenue bonds to fund the last phase—72 Units-of his Senior Living Community—Oak Park Senior Living.Recall last summer that Mr.Nolde's last application for such bonding authority was not allocated adequate capacity from the State of Minnesota to fully fund the proposal.Mr.Nolde did again pursue the necessary bond allocation in the January 2018 round of financing and was able to secure$9.3 million which is anticipated to fully fund the project. In May 2017 the City Council did approve the necessary planning and zoning approvals for this development and that the$9.3 million is not a City debt issuance and not backed by the full faith and credit of the City. To proceed, the City is required to hold a public hearing and pass specific resolution language. This action is attached with a public hearing date proposed to be 2/27/18. Page 69 of 84 RESOLUTION RESOLUTION PROVIDING FOR A PUBLIC HEARING REGARDING A MULTIFAMILY SENIOR HOUSING DEVELOPMENT AND GRANTING PRELIMINARY APPROVAL TO THE ISSUANCE OF REVENUE BONDS TO FINANCE THE COSTS THEREOF UNDER NIINNESOTA 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 1 a of the Act(the"Housing Program"). 1.03. Green Twig Villas II 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 $9,300,000, 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, three-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 147(f) of the Internal Revenue Code of 1986, as amended (the "Code'l, and Section 462C.04,subdivision 2 of the Act. 1.05. The Bonds have received an allocation from Minnesota Management and Budget dated January 9, 2018, in the amount of $9,300,000, pursuant to the requirements of Minnesota Statutes, Chapter 474A, as amended(the"Allocation Act"). 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 findings. 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. (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 Page 70 of 84 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 may 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 and associated U.S. Treasury Regulations promulgated thereunder. The City Administrator of the City 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 approximately $9,300,000 in revenue bonds in one or more series to finance the acquisition, construction,and equipping of the Project by the Borrower. Section 5. PrelimingW Approval. The City Council hereby provides preliminary approval to the issuance of the Bonds in the approximate aggregate principal amount of$9,300,000 to finance all or a portion of the costs of the Project pursuant to the Housing Program of the City, subject to: (i) a public hearing as required by the Act and the Code; (ii) final approval of the City Council following the preparation of bond documents; and(iii)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. Reimbursement of Costs under the Code. 6.01. 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 Page 71 of 84 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. 6.02. 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. 6.03. 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 7. 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 8. 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. Section 9. Prior Resolution Superseded. Resolution No. 17-07-27, adopted by the City Council on July 25,2017,is supplemented but not superseded by this Resolution. Page 72 of 84 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 23rd day of January,2018. CITY OF OAK PARK HEIGHTS,NIINNESOTA Mary McComber,Mayor Attest: Eric Johnson, City Administrator Page 73 of 84 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 January 23,2018,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 for a public hearing on the issuance of the City's revenue bonds to finance a multifamily senior housing revenue project. WITNESS My hand as Administrator and the corporate seal of the City this __ day of January, 2018. City Administrator City of Oak Park Heights,Minnesota 5153870 JSB AK145-7 Page 74 of 84 EXHIBIT A NOTICE OF PUBLIC HEARING V CITY OF OAK PARK HEIGHTS lr� COUNTY OF WASHINGTON STATE OF MINNESOTA NOTICE OF A PUBLIC HEARING TO BE CONDUCTED BY THE CITY OF OAK PARK HEIGHTS, MINNESOTA 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, ,2018,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, three-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$9,300,000. 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 asshmed and nledLyed to the navment of the Rends- 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] 515387v3 JSB AK145-7 Page 75 of 84 THIS PAGE INTENTIONALLY LEFT BLANK Page 76 of 84 Oak Park Heights Request for Council Action Meeting Date January 23rd,2018 Time Required: 1 Minute Agenda Item Title: Easement to Creative How Construction-Palmer Station Agenda Placement New Busines z/// Originating Department/Requ ri ohnson Ci Administrator Requester's Signature Action Requested Discussi Possible Action Background/Justification(Please indicate if any previous action has been taken or if other public bodies have advised): As part of the continuing advancement of the Palmer Station development the City is being requested by the Developer to grant an EASEMENT across City lands so that the future street—Oak Cove N.can access an identified public roadway—Oak Park Blvd.This was generally anticipated,however,from a platting standpoint—this need is coming from Washington County Surveyor that requires such public access to be delineated and specifically dedicated.The City will be assuming Oak Cove N.at the completion of the project;which is interesting because the City would ultimately be granting an easement to itself. Requested Action: Convey Public Street,Drainage and Utility Easement to Creative Home Construction Investments LLC—copy enclosed.This conveyance of easement will not occur if the development does not proceed. 1 12 CoVE p 1 asement 1111 -_ 1 z1 1• I 4 .. 1 _- 1 OAXGREENAVE N. i Page 77 of 84 Return to: PUBLIC STREET,DRAINAGE AND UTILITY Eckberg Law Firm EASEMENT AND AGREEMENT Attn: Mark J. Vierling 1835 Northwestern Avenue Stillwater,MN 55082 Page 78 of 84 PUBLIC STREET,DRAINAGE AND UTILITY EASEMENT AND AGREEMENT THIS INDENTURE, made this day of , 2018, by and between the City of Oak Park Heights, hereinafter the Grantor; and Creative Home Construction Investments,LLC,hereinafter the Grantee. WITNESSETH: WHEREAS, the above-named Grantor is the owner in fee simple of the real estate described as follows: That part of the Southwest Quarter of the Northwest Quarter(SW A of NWA) of Section 4, Township 29 N, Range 20 W, described as follows: Beginning at a point on the West line thereof 135 feet South of the Northwest corner; thence East parallel with the North line 485.52 feet more or less to intersect the West line of Tract A of Registered Land Survey No. 70; thence South along said West line of said Registered Land Survey 100 feet; thence West parallel with the North line of said Southwest Quarter of the Northwest Quarter (SW A of NW A)to the West line thereof; thence North along the West line 100 feet to the beginning. That for and in consideration of the sum of One Dollar and other good and valuable consideration,the receipt of which is hereby acknowledged,the Grantor has this day bargained and sold, and by these presents does bargain, sell and transfer unto the Grantee its successors and assigns the following: A non-perpetual easement for public street, drainage and utility purposes with the right to enter upon the real estate hereinafter described at any time that it may see fit, and construct, maintain and repair any ponds,lines,equipment,materials,or other items for street,public drainage and utility purposes, for the purpose of maintaining, repairing or replacing the said public street, 2 Page 79 of 84 ponds, drainage and utilities over, across, through and under the lands hereinafter described, together with the right to excavate and refill ditches and/or trenches for the location of said public ponds, drainage and utilities, and the further right to remove trees, bushes, undergrowth, and other obstructions interfering in the location, construction and maintenance of said public street, drainage and utilities. That said public street drainage and utility easement located in the County of Washington, State of Minnesota,is described as follows,to-wit: A 66.00 foot wide perpetual easement for public roadway, municipal water, sanitary sewer, and storm sewer purposes to construct, operate, maintain and repair same over and across the following: That part of the Southwest Quarter of the Northwest Quarter(SW 1/4 of NW 1/4) of Section 4- Township 29 N, Range 20 W, described as follows: Beginning at a point on the West line thereof 153 feet South of the Northwest corner; thence East parallel with the North line 485.52 feet more or less to intersect the West line of Tract A of Registered Land Survey No. 70; thence South along said West line of said Registered Land Survey 100 feet; thence West parallel with the North line of said Southwest Quarter of the Northwest Quarter (SW 1/ of NW A)to the West line thereof; thence North along the West line 100 feet to the beginning. The centerline of said perpetual easement is described as commencina at the northwest rornpr of said Southwest Quarter of the Northwest Quarter; thence on an assumed bearing of South 01 degrees 52 minutes 14 seconds East along the west line of said Northwest Quarter a distance of 219.99 feet to the point of beginning of the line to be described; thence North 89 degrees 36 minutes 06 seconds East 39.24 feet; thence northeasterly 157.16 feet along a tangential curve concave to the northwest having a central angle of 26 degrees 25 minutes 09 seconds and a radius of 340.82 feet; thence North 63 degrees 10 minutes 57 seconds East tangent to last described curve a distance of 67. 31 feet; thence northeasterly 59.9.5 feet along a tangential curve concave to the southeast having a central angle of 6 degrees 00 minutes 00 seconds and a radius of 572. 43 feet; thence easterly 221 .72 feet along a compound curve, having a central angle of 40 degrees 00 minutes 00 seconds and a radius of 317.59 feet and said line there terminating. 3 Page 80 of 84 TOGETHER WITH A 50.00 foot wide perpetual easement for public roadway, municipal water, sanitary sewer, and storm sewer purposes to construct, operate, maintain and repair same over and across the hereinbefore described property: The centerline of said perpetual easement is described as commencing at the southwest corner of the hereinbefore described property; thence on an assumed bearing of South 89 degrees 35 minutes 02 seconds East along the south line of the hereinbefore described property a distance of 251.06 feet to the POINT OF BEGINNING of centerline to be described; thence northwesterly 22.47 feet along a non-tangential curve concave to the southwest having a radius of 150.00 feet, a central angle of 8 degrees 34 minutes 56 seconds, and a chord bearing of North 21 degrees 44 minutes 06 seconds West; thence North 26 degrees 01 minutes 34 seconds West a distance of 38.00 feet and said centerline there terminating. TO HAVE AND TO HOLD, said perpetual non-exclusive easement and right-of- way unto the Grantee, its successors and assigns, forever subject however to this easement terminating upon the Grantor adopting a Right of way Plat inclusive of the areas which are the subject of this easement. 4 Page 81 of 84 The parry of the first part does hereby covenant with the City of Oak Park Heights, that it is lawfully seized and possessed of the real estate above described. IN WITNESS WHEREOF, the said parties have caused this instrument to be executed the day and year first above written. IN PRESENCE OF: Grantor: City of Oak Park Heights By-----------------------------------------------------------------------------__ Its Mayor By Its Administrator STATE OF MINNESOTA ) )ss. COUNTY OF WASHINGTON) On this day of , 2018, before me, a Notary Public, in and for said County and State, appeared Mary McComber and Eric Johnson, to me personally known, who being by me first duly sworn, did say that they are respectively the Mayor and Administrator of the City of Oak Park Heights, who executed the foregoing document by authority of the City Council of the City of Oak Park Heights, and said Mayor and Administrator acknowledge said instrument to be the free act and deed of said City of Oak Park Heights. Notary Public 5 Page 82 of 84 IN PRESENCE OF: Grantee: Creative Home Construction Investments, LLC Witness Witness STATE OF MINNESOTA ) )ss. COUNTY OF WASHINGTON) On this day of , 2018, before me, a Notary Public, within and for said County and State, personally appeared Creative Home Construction Investments, LLC. A Minnesota Limited Liability Company by its , to me personally known, who acknowledged said instrument to be the free act and deed of Creative Home Construction Investments,LLC. Notary Public THIS INSTRUMENT DRAFTED BY: MARK J.VIERLING Eckberg,Lammers PC 1809 Northwestern Avenue Stillwater,Minnesota 55082 6 Page 83 of 84 PALMER STATION NR. waNm�L� Is WAaeR I RR os I iTH AIa01TroN I 1 �7-7� 4-0 00 lk 1 � mss. ...tT► fl }1 • .. .ZK. +\ K'/sem. i big - �tE _ 1 I I 1 1 + �acrsm. �.00ns s.�.e., lii3if ----'--' -----1`_---------'L--------- —_ >R.s..�......or.,. - T .....a.o.........: e ------ _-------- a --- .��..a,..o.... a OAKGRFENAVE N. ! I oAKGRE.N AM X PUP �---- N I II x4 I I I -------, I R,2ND 1 I ARO D I T I o N aaam 4 "N.z " CORNERSTONE Page 84 of 84