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fm J „ g61/-tte ji,,va_ vvr--10 pfAA IIJI/16v)) ' /ilii-dx /6 . 19:)/0-fatomi:7/1_11714161,12,e ,- J2f /f -4 i 4 1 i 1 ,0 . I , - or „, Jo . , . , ,,,,,,,,,,,,,_ t, % 0 6 (-3 -.\' PETITION TO BE PRESENTED AT THE JUNE 22, 1999 MEETING OF THE OAK PARK HEIGHTS CITY COUNCIL We, the undersigned agree and support the statement read at the June 8, 1999 meeting of the Oak Park Heights City Council read by Donna S. Gray. A copy is hereby attached to this Petition. Signature Address Date / /,,, /V0/ y 07-/ r 6 ia /i3 / 4011.1&4� $7/__ rvt :4i . ,3 ,A 9" /9 . v, / / 6- 3-- 1-011PIWIKE.0111WIMISISAW._ '7'j-,)-- , )F - A s, . - y h - - 2 (Oh / i . m`4- ,I 4 6,AMEMIIIIIIIE. ' (- , / • A ,� M //1/E /'/t/ -_ A/. .S"/) to ,'3 `1 6- 1 ► .1%a -Ad / ALVIN �•.�.'O %� .�/��I: ; a .-5' r - it % , - 9 iZtilfringd OWL: I , I 8'a SS 14'.-f .#0 1*-a : 62 -c.7/ ., / , • • STATEMENT READ AT THE JUNE 8, 1999 MEETING OF THE OAK PARK HEIGHTS CITY COUNCIL My name is Donna S. Gray and I live at 14812 58th Street North, Unit 3D. I'm here to request the City Council to direct the Planning Commission not to consider any projects, and the Building Department not to issue any permits or do any inspections for Krongard Construction Company at this time. Jack Krongard is unreliable and not truthful or trustworthy. He makes promises, even putting them in writing, and then will not honor them. In my opinion Jack Krongard should be directed to complete his promised work to all buyers in Valley View Estate homes, and further the work must be done NOW and accordance with his agreements, not changed for his convenience or cost saving measures. What action will the Council take? 4 411 • LAW OFFICES OF Eckberg. Lammers, Briggs. Wolff & Vierling. P.L.L.P. 1835 Northwestern Avenue Lyle J. Eolcberg Stillwater. Minnesota 55082 David K. Snyder James F. Lammers (612) 439-2878 l.Jroslt Pilotiolt Robert G. Briggs** FAX(612) 439-2923 Paul A. Wolff Mark J. Vierling* Gregory G. Gaper. Direct Dial No. : (612) 351-2118 (19444898) Thomas J. Weidner* *Qualified t •.tr.l Arbiteeter&Mediator April 3, 19 9 8 Real Neetral Arbitrator Susan D. Olson *Certified Real Estate$peeieli.t t\ I MIR - 7 1998 f ' 0 py Mr. Jack Krongard �., Krongard Construction Company 14791 - 60th Street North Stillwater, Minnesota 55082 • Re: Valley View Addition/Valley View Estates II Dear Mr. Krongard: On March 27, 1998 we had forwarded original easements to you to execute and return to the City of Oak Park Heights. In the event you have already done so by the time you receive this letter, we appreciate your response, and in the event that you have not, we would ask that you expedite the matter. As it affects your past discussions with the City on the matters that need yet to be completed within the developments, I understand that the following projects will be undertaken: 1 . That the City will supply new beehive covers provided that they receive the old ones back. 2 . That you will be providing and installing . a horseshoe berm in the area denoted in your conversations with the City Engineer and the City Administrator. 3 . That additional grading is required along the edge of the property, which apparently has posed a problem in the past. At the time that the installation of the new beehive covers and horseshoe berms are provided, perhaps you could complete that additional and final grading at the same time. Mr. Jack Krongard April 3, 1998 Page 2 If there is any concern or question on your behalf as it affects these items and your developments, I would appreciate if you would contact me at your earliest convenience. Yours very truly, Mark J. Vierling MJV/sdb . Enclosure cc: Thomas Melena, City Administrator • PUBLIC WALKWAY AND BIKE PATH EASEMENT AND AGREEMENT THIS INDENTURE, made this gra day of a_NLQ 1998, by and between ST. CROIX LAND COMPANY, INC. , a corporation under the laws of the State of Minnesota, party of the first part; and the CITY OF OAK PARK HEIGHTS, Washington County, Minnesota, party of the second part. WITNESSETH: WHEREAS, the above-named party of the first part is the owners in fee simple of the real estate hereinafter described. That for and in consideration of the sum of One and 00/100 Dollars ($1. 00) and other good and valuable consideration, the receipt of which is hereby acknowledged, the party of the first part has this day bargained and sold, and by these presents does bargain, sell and transfer unto the City of Oak Park Heights, its successors and assigns the following: A perpetual easement for public walkway, bike path, and pedestrian crossing purposes with the right to enter upon the real estate hereinafter described at any time that it may see fit, and construct, maintain, repair and replace any lines, equipment, materials, or other items for public roadway and public walkway, for the purpose of maintaining, repairing or replacing the said public roadway and public walkway 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 roadway and walkway, and the further right to remove • • trees, bushes, undergrowth, and other obstructions interfering in the location, construction and maintenance of said public roadway and walkway. That said perpetual public walkway easement located in the County of Washington, State of Minnesota, is described as follows, to-wit : A perpetual easement for roadway and walkway purposes in favor of the City of Oak Park Heights, over that part of Lot 1, Block 1, VALLEY VIEW ESTATES 3RD ADDITION, lying westerly of a straight line drawn 20 feet easterly of and parallel with the most westerly line of said Lot 1 . TO HAVE AND TO HOLD, said perpetual easement and right- of-way unto the City of Oak Park Heights, Washington County, Minnesota, its successors and assigns, forever. The party 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. It is understood and agreed that the party of the second part will restore said lands to as good or better a condition as it was prior to the time of any excavation for public walkway or any other purpose, and that party of the second part will restore any fencing that it is necessary to remove or becomes damaged during the process of any excavation. It is further understood and agreed that the party of the second part will forthwith re-sod all areas, where necessary, on said lands from which it is necessary to remove or damage the sod thereon, during the process of any excavation. 2 • . • It is further understood that the party of the second part will replace all driveways and sidewalks which it is necessary to remove or damage during the process of any excavation. IN WITNESS WHEREOF, the said parties have caused this instrument to be executed the day and year first above written. IN PRESENCE OF: PARTY OF THE FIRST PART: ST. CRO< Z2 COMPANY, INC. By: 2T.0 By: STATE OF MINNESOTA ) ss. COUNTY OF WASHINGTON) On this 2day of f D1998, before me, a Notary Public, within and for skid Countyand � State, personally appeared - nod and to me persodilly kown, whb, being each by me duly sworn did sayy that they are respectively the p .11ftvt-n-t, and the of. St. Croix Land Company, Inc. , a Minnesota corporation, named in the foregoing instrument, and that said instrument was signed on behalf of St . Croix La•d Company, Inc. , ley authority of its Board of Directors and said ( ,-. Q, 4j"01901-A and acknowledged said i strumdht to bb the free act and deed of said corporation. NOTARY/Ullip ofa y Public my Cesidalle1L- 3 III III IN PRESENCE OF: PARTY OF THE SECOND PART: CITY OF AK PARK HEIGHTS By:/ 1 / Its Mayor BAe--. YNNI" !� Its Administrator STATE OF MINNESOTA ) ss. COUNTY OF WASHINGTON) On this rd of , me, a Notary Public, andindor s�t3 County and State, 8a beforeappearedDavid Schaaf and Thomas Melena, to me op 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, 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. "i11LRA.IMR111M1 MIMMWPM VM 001110Y Ncotary Public J My commission EilNw 1414" THIS INSTRUMENT DRAFTED BY: Mark J. Vierling ECKBERG, LAMMERS, BRIGGS, WOLFF & VIERLING, P.L.L.P. 1835 Northwestern Avenue Stillwater, MN 55082 (612) 439-2878 411 LAW OFFICES OF Eckberg, Lammers, Briggs, Wolff & Vierling, P.L.L.P. 1835 Northwestern Avenue Lyle J. Eokberg Stillwater. Minnesota 55082 David K. Snyder James F. Lammers (612) 439-2878 Urosh Pilefiok* Robert G. Briggs** FAX (612) 439-2923 Paul A. Wolff Mark J. Vierlieg* Gregory G. Geller* Direct Dial No. : (612) 351-2118 (1844-1886) Thomas J. Weidner* *Qualified Neutral Arbitrator&Modiste, Susan D. Olson March 27, 1998 *Qualified Neutral Arbitrator *Certified Real Estate Speoialist Mr. Jack Krongard Krongard Construction Company 14791- 60th Street North Stillwater, Minnesota 55082 Re: Valley View Addition/Valley View Estates II Dear Jack: Following up on the meeting that you have had with Tom Melena and upon receipt of the survey materials we have received from Mr. Kurth, I have prepared and am forwarding to you a public walkway and bike path easement for each of the affected lots. I am asking that you sign both where indicated and return same to the City of Oak Park Heights along with the Owner' s Duplicate Certificates of Title for Lot 1, Block 1, Valley View Estates 3rd Addition and Outlot B, Valley View Estates. Thereupon, the City will undertake to secure the recording of the documents and return of the Owner' s Duplicates to you as soon as the recording process has been completed. If you have any questions with regar• a same, please feel free to contact me directly. Yours v- Ma' k J. Vierling MJV/sdb Enclosure cc: Thomas Melena, City Administrator 40 LAKE ELMO BANK A TRADITION OF SERVICE IRREVOCABLE LETTER OF CREDIT NO.275 TO: City of Oak Park Heights Dated: April 1, 1997 14168 North 57th Street Oak Park Heights,MN 55082 Gentlemen: We hereby establish our Irrevocable Letter of Credit in your favor at the request of and for the account of St. Croix Land Company, Inc. (hereinafter called: "Principal"), in the aggregate amount of Twenty Thousand Four Hundred-Fifty and NO/100 U. S. Dollars ($20,450.00)available upon surrender of this Letter of Credit to us accompanied by your sight draft(s)drawn on us and the following documents: (1) A certificate signed by an officer of the City of Oak Park Heights stating that there has been a default in the Developer's Agreement. The certiTate shall also state: a) the nature of the default; b) that Principal has received Notice of Default,but has not cured the default; c) the amount to be paid to the City of Oak Park Heights; and, d) the amount to be retained as security under the Letter of Credit. All drafts so drawn must be marked "Drawn Under Irrevocable Letter of Credit No. 275". The above mentioned Letter of Credit is non-transferable and non-assignable. We engage with you that all drafts drawn under and in compliance with the terms of this Irrevocable Letter of Credit will be duly honored if presented during regular business hours at our main office located at 11465 39th Street North, Lake Elmo, Minnesota 55042, before 3:00 P.M. on or before April 1, 1998.. 11465 39TH STREET NORTH ■ LAKE ELMO,MN 55042-0457 612/777-8365 ■ Fax 612/773-4739 • • Letter of Credit No. 275 April 1, 1997 Page two Communications relative to this Irrevocable Letter of Credit should be addressed to the address specified above to the attention of"Financial Officer", mentioning specifically our Irrevocable Letter of Credit No. 275. This letter of Credit shall be governed by and construed in accordance with the laws of the State of Minnesota, including the Uniform Commercial Code in effect in said state. Except as otherwise stated herein, this Irrevocable Letter of Credit is subject to the Uniform Customs and Practice for Documentary Credits (1993 revision), International Chamber of Commerce Publication No. 500. Yours truly, LAKE ELMO BANK By: g'-- R. Scott Jo son Its: Assistant Vice President CITY OF. OAK PARK HEIGHTS 14168 N. 57th Street• Box 2007.Oak Park Heights,MN 55082 •Phone: (612) 439-4439 •FAX 439-0574 Scott Johnson Assistant Vice President Lake Elmo Bank 11465 39th St. N. Lake Elmo, MN 55042-0457 Re: Irrevocable Letter ofCredit No. 251 Dear Mr. Johnson: The Irrevocable Letter of Credit for St. Croix Land Company Inc, in the amount of $52,600.00 will be expiring on April 1, 1997. This account with the City of Oak Park Heights has not been finalized. Therefore, we will need a$20,450.00 Letter of Credit to cover the anticipated costs until the date of finalization. Very truly yours, Judy L. Hoist Deputy Clerk/Finance Director Jh • Tree City U.S.A. i • LAKE ELMO BANK A TRADITION OF SERVICE '19'11 1996 IRREVOCABLE LETTER OF CREDIT NO. 251 AMt TO. '- o Oak Park Heights g Dated: April 24, 1996 14168 N. 57th Street Oak Park Heights, MN 55082 Gentlemen: We hereby establish our Irrevocable Letter of Credit in your favor at the request of and for the account of St. Croix Land Company Inc. (hereinafter called: "Principal"), in the aggregate amount of Fifty Two Thousand Six Hundred and No/100 U. S. Dollars($52,600.00)available upon surrender of this Letter of Credit to us accompanied by your sight draft(s) drawn on us and the following documents: (1) A certificate signed by an officer of the City of Oak Park Heights stating that there has been a default in the Developer's Agreement . The certificate shall also state: a) the nature of the default; b) that St. Croix Land Company Inc has received Notice of Default in accordance with the Developer's Agreement, but has not cured the default; c) the amount to be paid to the City; and, d) the amount to be retained as security under the Letter of Credit. All drafts so drawn must be marked "Drawn Under Irrevocable Letter of Credit No. 251". The above mentioned Letter of Credit is non-transferable and non-assignable. We engage with you that all drafts drawn under and in compliance with the terms of this Irrevocable Letter of Credit will be duly honored if presented during regular business hours at our main office located at 11465 39th Street North, Lake Elmo,Minnesota 55042, before 3:00 P.M. on or before April 1, 1997. Communications relative to this Irrevocable Letter of Credit should be addressed to the address specified above to the attention of"Financial Officer",mentioning specifically our Irrevocable Letter of Credit No. 251. 11465 39TH STREET NORTH•LAKE ELMO,MN 55042-0457 612/777-8365■FAX 612/773-4739 MEMBER FDIC Ct Letter of Credit No. 251 April 24,1996 Page two This letter of Credit shall be governed by and construed in accordance with the laws of the State of Minnesota, including the Uniform Commercial Code in effect in said state. Except as otherwise stated herein, this Irrevocable Letter of Credit is subject to the Uniform Customs and Practice for Documentary Credits (1993 revision), International Chamber of Commerce Publication No. 500. Yours truly, LAKE ELMO BANK By:444-te R. Scott Jo Its: Assistant Vice President o ?\V_( • • LAW OFFICES OF Eclzberg. Lammers. Briggs. Wolff & Vierling. P.L.L.P. `1185) Northwestern Avenue Lyle J. EelAerg Stillwater. Minnesota 55082 �1Sarant D. Olson F. Lammers (612) 439-2878 D 1\ erid . Snyder Robert G. Briggs** FAX (till) 1J9-'�9)3 Nark .1. VierIinq* Paul A. Wolff Gregory G. Ganef* Direct Dial (612) 351-2118 (1944-1996) Kevin K. Sltoeberg *Qualified Neutral :\r6itrator el Arbitrator Thomas J. Weidner •Qualified Neutral Arbitrator May 13, 1997 *Certified Real Estate Specialist MR GREGORY A LINDOW 14945 57TH STREET NORTH OAK PARK HEIGHTS MN 55082 RE: City of Oak Park Heights' proposal to locate a park/access bikepath/walkway easement between Ramie Johnson Estates and Valley View Estates Dear Mr. Lindow: At the request of Councilperson Robert, I am providing you with a drawing of the area that is impacted by the City' s request to locate a bikepath/easement on your property. You will note that northern 10 feet of Lot 26 is already totally encumbered by City drainage and utility easement currently under the terms of the existing plat . Inasmuch as the area is already encumbered by existing easement, the location of additional bikepath/easement should be of little consequence. I understood your concern to be with regard to potential liability in the event of an injury occurring on the path. • Inasmuch as the parkway facility would be totally occupied by the • City of Oak Park Heights;- liability would be directed to the City of Oak Park Heights and its liability carrier. • You question whether or not the City could take the 10 foot area in fee as opposed to an easement . Although it is possible for the City to take the area in fee, we would prefer not to do so. I do not believe that taking the matter in fee, given the pervasive new use of the City's easement for parkway purposes would have any substantial impact on liability determinations as far as you are concerned. If the City were to take the area in fee, it would impact a relocation of the boundary line on Lot 26 involving therefore a minor subdivision. Additionally, City plat and subdivision requirements provide for the location of drainage and • ~ 410 MR GREGORY A LINDOW Page Two May 13 , 1997 utility easements 10 feet on either side of lot lines and therefore, the drainage and utility easement would also have to be relocated necessitating a separate easement for that purpose. If, after consultation with your attorney, it is still your desire to have the City acquire the area in fee, we will, of course, draft the documents necessary to do that but we will also prepare and provide a document to relocate drainage and utility easements also 10 feet to the south of the newly relocated property line. Perhaps you or your attorney could contact me and let me know what your decision is on this. Also, if you would like me to contact your attorney directly, I would be more than happy to do so, please feel free therefore to call me and leave me a message as to who that attorney is and I will correspond or communicate directly with that individual if that would be your choice. Yours very truly, Mark J. Vierling MJV/smp Enclosure cc: Mr. Michael Robertson Ms. Janet Robert : � 4 !II I i f I fp Y i 1 ., . : ' ATES . 2ND A.. r ► Q ► NASH I NGTON COUNTY 1 • CAST IRON MONUMENT N. E. CORNER OF SECTION 4 TOWNSHIP 29, RANGE 20 ► ` w t i f h C° n m o . _ r • �. \ N 89 . 05 . 42 ., E o N 166 . 32 N. S. P. "rte EASEM.E. NT --3 • I (DOC. (Np. 24337) i ti \ i CV I ) • 1 � , c> (c) 26 1 iCV Q o • N eo•o7'21• E \L".1 cc �+s.asI :.i `� �n i ao • N r`i1^ cr ' _ m!f) rn' f- O ii<`� Z N miN 86'24 '06 'E i`' f .�.J co i 14 4 . 26 i cv ,V Wir Enclosure 2D 410 411 COUNCIL MEETING DATE: December 17, 1997 AGENDA ITEM CITY OF OAK PARK HEIGHTS REQUEST FOR COUNCIL ACTION Request Submitted: December 12, 1997 Requested By: Judy Holst, Interim Administrator ITEM/ACTION DESCRIPTION: Payment for 5th and final utility and street improvements for Valley View Estates Addition. BACKGROUND: Work was done beginning in the summer of 1995 . It has been completed, with the final cost $3, 249 . 94 less than the original bid cost . ACTION REQUESTED: Approval of payment for 5th and final utility and street improvements for Valley View Estates Addition. FINANCIAL IMPLICATIONS: This has been budgeted for and the money will come from the developer. ADMINISTRATIVE COMMENTS: Recommend approval . REVIEWED BY: Jot J IA a /idL-Lf Ci ' A•svinistrator F anc,.� Director Bonestroo,Rosene,Anderlik and Associates,Inc.is a alive Action/Equal Opportunity Employer Bonestrooti • Principals Otto G Bonestroo,PE •Joseph•C.Ander Marvin L Sorvala,JerryA.BoPE urd Richard E.Turner,PE.• Glenn R.Cook,P.E. Robert G.Schunicht,P.E.• on,P.E. Rosene Robert W.Rosene,P.E.and Susan M.Eberlin,C.P.A.,Senior Consultants MI Anderlik & Associate Principals:Howard A.Sanford,RE.• Keith A.Gordon,RE.•Robert R.Pfefferle,P.E.• iliRichard W.Foster,RE.•David O.Loskota,P.E.•Robert C.Russek,A.I.A.• Mark A.Hanson,P.E.• Michael T.Rautmann,P.E.•Ted K.Field,P.E.•Kenneth F Anderson,P.E.•Mark R.Rolls,P.E.• Associates Sidney R.Williamson,PE.,L.S.•Robert F.Kotsmith Offices:St.Paul,Rochester,Willmar and St.Cloud,MN•Milwaukee,WI Engineers &Architects December 9, 1997 E © 1E f t1 7 r7 `7 ik - ._. DEC 1 1 1997 r!ii: Ms. Judy Hoist City of Oak Park Heights 14168—57th Street N Oak Park Heights, MN 55082 Re: Valley View Estates Utility and Street Improvements Our File No. 55120 Dear Ms. Hoist: Enclosed please find three (3)copies of the 5th and Final Request For Payment documents for the Valley View Estates Addition utility and street improvements. This work has been satisfactorily completed by the contractor,Tower Asphalt, in accordance with the contract plans and specifications. Therefore, it is recommended that final payment be made and the project be accepted by the City of Oak Park Heights. In review, Tower Asphalt began this project in the summer of 1995. The contractor completed the sanitary sewer, water main, storm sewer, gravel street base, and bituminous base course by the fall of 1995. The wear course was paved in the summer of 1996. The original contract amount, as indicated on the request for payment, is $261,063.22. The final construction costs are$257,813.28, which is $3,249.94 less than the original contract amount. We have reviewed the original project costs for each part of this project and compared those • costs to the final construction costs which are as stated below: Original Contract Final Construction Amount Amount Total Part 1 —Sanitary Sewer $23,951.00 $22,802.10 Total Part 2—Water Main. 21,011.02 21,670.27 Total Part 3 —House Services 26,733.00 27,333.90 Total Part 4—Storm Sewer 61,850.90 61,558.85 Total Part 5 Street Improvements 125,648.50 122,579.36 Change Order No. 1 1,868.80 1,868.80 Total $261,063.22 $257,813.28 2335 West Highway 36 • St. Paul, MN 55113 • 612-636-4600 • Fax: 612-636-1311 I • The final construction cost under-ran the original contract amount by$3,249.94. This was due to general construction variances. If you have any questions or require further information regarding this matter,please contact me. Yours truly, BONESTROO,ROSENE, ANDERLIK&ASSOCIATES, INC. Brian W. Scott BWS:gs Enclosures • 411 Loser*oo Owner. City of Oak Park Heights, 14168-57th St.N.,Oak Park Heights,MN 55082 Date March 12, 1997 For Period: October 16, 1996 to March 12, 1997 Request No. 5&Final Engineers rdetects w Contractor. Tower Asphalt,Inc.,P.O.Box 15001,Lakeland,MN 55043 REQUEST FOR PAYMENT VALLEY VIEW ESTATES-PHASE II File No.55120 SUMMARY 1 Original Contract Amount $ 259,194.42 2 Change Order-Addition $ 1,868.80 3 Change Order-Deduction $ 4 Revised Contract Amount $ 261,063.22 5 Value Completed to Date $ 257,813.28 6 Material on Hand $ 0.00 7 Amount Earned $ 257,813.28 8 Less Retainage $ 0.00 9 Subtotal $ 257,813.28 10 Less Amount Paid Previously $ 242,506.01 11 AMOUNT DUE THIS REQUEST FOR PAYMENT NO. 5&Final $ 15,307.27 Recommended for Approval by: BONESTROO,ROSENE,ANDERLIK&ASSOCIATES,INC. p 'ma-A) Approved by Contractor. Approved by Owner: TOWE 1 HALT,INC. CITY OF OAK PARK HEIGHTS Specified Contract Completion Date: Date: 1,2/ 7 551204equest.wb2 111/ • Contract Unit Quantity Amount No. Item Unit Quantity Price to Date to Date 1 8"DIP,Cl.52, 10'- 12'deep in p1. LF 20 $17.60 20 352.00 2 8"PVC,Schedule 26, 10'- 12'deep in place with specified bedding LF 15 11.00 30 330.00 3 8"PVC,Schedule SDR 26, 12'-14'deep in place with specified bedding LF 35 11.00 109 1,199.00 4 8"PVC,Schedule SDR 26, 14'-16'deep in place with specified bedding LF 130 12.10 79 955.90 5 8"PVC,Schedule SDR 26, 16'-18'deep in place with specified bedding LF 75 13.20 36 475.20 6 8"PVC,Schedule SDR 35,0'-8'deep in place with specified bedding LF 20 11.00 106 1,166.00 7 8"PVC,Schedule SDR 35,8'-10'deep in place with specified bedding LF 100 11.00 80 880.00 8 8"PVC,Schedule SDR 35, 10'-12'deep in place with specified bedding LF 165 11.00 166 1,826.00 9 8"PVC,Schedule SDR 35, 12'-14'deep in place with specified bedding LF 65 11.00 58 638.00 10 Construct std.4'dia.MH,8'deep,over ex.8" VCP sewer,w/R1642B cstg.in pl. EA 1 2,750.00 1 2,750.00 11 Std.4'dia.MH,8'deep,w/R1642B cstg.in pl EA 5 1,100.00 5 5,500.00 12 4'dia.MH depth greater than 8'deep LF 25 88.00 25 2,200.00 13 8"x4"PVC,Schedule SDR 26,wye branch in place with bedding EA 1 27.50 1 27.50 14 8"x4"PVC,Schedule SDR 35,wye branch in place with bedding EA 7 27.50 7 192.50 15 Reconstruct ex.structures per specifications LF 4 110.00 3 330.00 16 Adjust ex.structures per specifications EA 6 330.00 6 1,980.00 17 Improved pipe fdn.mtl.,6"thick in pl. LF 600 0.01 18 1-1/4"clear rock for mud break in pl. TN 140 11.00 19 Traffic control,all phases of work incl.all signs,barricades,flagpersons,flashers&all else necessary LS 1 2,000.00 1 2,000.00 Total Part 1-Sanitary Sewer $22,802.10 Part 2-Water Main 20 6"DIP,Cl.52,7-1/2'min.cover in pl. LF 820 13.20 813 10,731.60 21 6"gate valve and box in place EA 1 385.00 3 1,155.00 22 5"valve hydrant in place EA 4 1,210.00 4 4,840.00 23 Valve box extension in place LF 2 16.50 4 66.00 24 Reconstruct ex.valve box per specifications LF 8 27.50 9 247.50 25 Adjust ex.valve box per specifications EA 4 55.00 2 110.00 55 1204equest.wb2 • i • 26 WB-67 hydrant barrel extension in place LF 2 0.01 1 0.01 27 C.I.fittings in place LB 1,100 0.77 1,008 776.16 28 Cut into ex.8"DIP&place 8"x6"tee complete in pl, including tee EA 1 550.00 1 550.00 29 Cut into ex.6"DIP&place 6"x6"tee complete in pl, including tee EA 2 550.00 2 1,100.00 30 Cut-in to ex.6"CIP EA 1 220.00 1 220.00 31 Remove ex.6"CIP incl.disposal LF 270 5.50 228 1,254.00 32 Plug existing 6"CIP EA 1 110.00 1 110.00 33 Improved pipe fnd.mall,6"thick in pl. LF 700 0.01 34 Seeding,incl.seed,mulch,fertilizer&disk anchoring AC 0.2 850.00 0.6 510.00 Total Part 2-Water Main $21,670.27 Part 3-Services 35 2"corporation stop tapped into ex.6"DIP, incl.tapping saddle,complete in place per specifications EA 3 165.00 4 660.00 36 2"curb stop and box in place EA 3 220.00 4 880.00 37 2"Type"K"copper water service in same trench with sanitary sewer service LF 220 11.00 275 3,025.00 38 1"corporation stop in place EA 26 44.00 28 1,232.00 39 1"curb stop and box in place EA 26 66.00 26 1,716.00 40 1"Type"K"copper water service in same trench with sewer service LF 1,500 5.50 1,511 8,310.50 41 Core drill ex.8"VCP and place 8"x 4"PVC saddle as per specifications EA 21 55.00 21 1,155.00 42 4"PVC,Schedule 40,sewer service in same trench with water service,incl.specified bedding LF 1,600 6.60 1,522 10,045.20 43 Improved pipe fdn.mil.,6"thick in p1. LF 1,400 0.01 44 4"PVC in-line cleanout,Schedule 40,complete in-place,including marker EA 3 33.00 3 99.00 45 Insulate 1"copper,4"thick,complete in pl. SF 100 2.20 96 211.20 Total Part 3-Services $27,333.90 q Part 4-Storm Sewer 46 27"RCP,Cl.4,8'-10'deep in place LF 50 27.50 26 715.00 47 27"RCP,Cl.4, 10'-12'deep in place LF 30 27.50 51 1,402.50 48 27"RCP,Cl.4, 12'-14'deep in place LF 75 27.50 82 2,255.00 49 18"RCP,Cl.5,8'-10'deep in place LF 20 24.20 19 459.80 50 15"RCP,Cl.5,0'-8'deep in place LF 385 19.80 427 8,454.60 51 15"RCP,Cl.5,8'-10'deep in place LF 10 19.80 12 237.60 55120\request.wb2 • • 52 12"RCP,Cl.5,0'-8'deep in place LF 605 17.60 703 12,372.80 53 12"RCP,Cl.5,8'-10'deep in place LF 35 17.60 55 968.00 54 Remove&salvage ex. 18"RCP LF 160 1.10 160 176.00 55 Remove&dispose of ex. 18"L.R.bends EA 4 1.10 4 4.40 56 Install salvaged 18"RCP LF 100 8.80 97 853.60 57 Std.8'dia.MH(Plate 1-10)constructed over ex.36"RCP,w/RI642B cstg.in pl. EA 1 3,520.00 1 3,520.00 58 Std.6'dia.MH(Plate 1-10)constructed over ex.36"RCP,w/R1642B cstg.in pl. EA 1 2,090.00 1 2,090.00 59 Std.6'dia.MH(Plate 1-10) with R1642B cstg. in place EA 1 1,760.00 1 1,760.00 60 Std.5'dia.MH(Plate 1-10)constructed over ex.36"RCP,w/R1642B casting in pl. EA 1 1,540.00 1 1,540.00 61 Std.5'dia.MH(Plate 1-10)constructed over ex. 18"RCP,with R1642B cstg.in place EA 1 1,540.00 1 1,540.00 62 Std.4'dia.MH(Plate 1-10)w/R1642B cstg. in place EA 2 880.00 2 1,760.00 63. Std.4'dia.CBMH(Plate 1-16),constructed over ex. 18"RCP w/R3067V cstg.in pl. EA 1 1,100.00 1 1,100.00 64 Std.4'dia.CBMH(Plate 1-16)w/R3067V casting in place EA 4 1,045.00 4 4,180.00 65 Std.4'dia.CBMH(Plate 1-16)w/R3290A casting in place EA 1 1,045.00 1 1,045.00 66 Precast high capacity CB(Plate 1-32)w/R1737 casting in place EA 1 1,210.00 1 1,210.00 67 Precast high capacity CB(Plate 1-32A) w/R1737 casting in place EA 1 1,210.00 1 1,210.00 68 2'x3'precast CB(Plate 1-19)with R3067V casting in place EA 7 715.00 7 5,005.00 69 Manhole depth,8'dia.greater than 8' LF 2 330.00 1.69 557.70 70 Manhole depth,6'dia.greater than 8' LF 8 220.00 7.47 1,643.40 71 Manhole depth,5'dia.greater than 8' LF 9 165.00 8.83 1,456.95 72 Manhole depth,4'dia.greater than 8' LF 2 110.00 4.6 506.00 73 Patch hole in ex.36"RCP from removed 18" RCP,complete per specs. LS 1 110.00 1 110.00 74 Remove ex.surmountable conc.curb&replace w/B618 conc.curb&gutter at SS-14A LF 30 22.00 33 726.00 75 Reconstruct ex.structure per specificatons LF 13 110.00 13 1,430.00 76 Adjust ex.structure per specifications EA 2 275.00 2 550.00 77 Remove&salvage beehive cstg.from ex. structure SS-9 EA 1 27.50 1 27.50 78 Furnish&install new R1642B cstgs.for ex. structures SS-8&SS-9 EA 2 176.00 2 352.00 551201request.wb2 , . 10 410 79 Improved pipe fnd.mtl.,6"thick in p1. LF 1,200 0.01 80 Remove&replace ex.silt fence LF 200 2.00 81 Erosion control system in place per Standard Plate SP-64 LF 250 3.00 82 Erosion control system in place per Standard Plate SP-89 LF 200 2.00 83 Erosion control system for CB protection per Standard Plate SP-104 in pl. EA 13 25.00 84 Erosion control system for high capacity CB protection per specifications in place EA 2 40.00 85 Seeding,incl.seed,mulch,fertilizer,&disk anchoring AC 0.15 850.00 0.4 340.00 86 Emergency overflow swale grading&sod restoration as per specifications SY 550 3.00 Total Part 4-Storm Sewer $61,558.85 Part 5-Street Improvements 87 Remove bituminous surfacing SY 2,675 1.00 2,763 2,763.00 88 Saw cut ex.bituminous surface LF 140 2.00 223 446.00 89 Remove ex.conc.curb&gutter LF 730 1.50 710 1,065.00 90 Remove ex.set of double barricades EA 1 100.00 1 100.00 91 Relocate existing street light EA 1 1,000.00 92 Subgrade preparation-new streets SY 1,400 0.75 2,300 1,725.00 93 Subgrade prep:reconst.area,incl.salt'.& respreading ex.Cl.5&grading,per spec. SY 2,350 2.50 2,278 5,695.00 94 Core excavation 36'wide LF 1,850 0.01 1,136 11.36 95 Aggregate backfill in place TN 5,600 4.00 3,577 14,308.00 96 Class 5 gravel base in place TN 3,800 6.00 4,949 29,694.00 97 4"PPVC,SDR 26 drain line in pl. LF 200 8.00 120 960.00 98 Cut-in 4"PPVC to structure EA 4 100.00 4 400.00 99 Bit.base course mix.,Type 31,in pl., 1995 TN 780 23.00 752 17,296.00 100 Bit,wear course,Type 41,in p1., 1996 TN 750 25.00 835 20,875.00 101 Bit.material for tack coat in p1. GL 430 1.00 300 300.00 102 Surmountable conc.curb&gutter in pl. LF 3,830 4.50 3,715 16,717.50 103 B618 conc.curb&gutter in pl. LF 250 6.50 234 1,521.00 104 Bituminous curbing,machine laid LF 130 3.00 120 360.00 105 Remove&replace conc.curb&gutter, 1996 LF 120 15.00 124.5 1,867.50 106 Furnish&install sign panels,Type C, high intensity grade SF 6.25 20.00 6.25 125.00 107 Blvd.grading per Spec.Prov.No. 16 HR 25 60.00 18 1,080.00 108 Sodding with 4"topsoil SY 400 2.50 109 Seeding of blvds.incl.mulch&disk anch. AC 1.5 1,000.00 1.5 1,500.00 , 110 Preparation of bit.base as specified LS 1 3,760.00 1 3,760.00 55120trequest.wb2 • 111 Bobcat with operator HR 15 10.00 1 10.00 112 Pickup broom with operator HR 15 10.00 Total Part 5-Street Improvements $122,579.36 Change Order No.1 1 Insulate existing 8"DIP water main,4"thick in place SF 640 $2.92 640 1,868.80 Change Order No. 1 $1,868.80 Total Part 1-Sanitary Sewer 22,802.10 Total Part 2-Water Main 21,670.27 Total Part 3-Services 27,333.90 Total Part 4-Stam Sewer 61,558.85 Total Part 5-Street Improvements 122,579.36 Total Change Order No.1 1,868.80 Total Work Completed to Date $257,813.28 551201request.wb2 1111 41111 PROJECT PAYMENT STATUS Owner CITY OF OAK PARK HEIGHTS Project No. File No. 55120 Contractor TOWER ASPHALT,INC. CHANGE ORDERS No. Date Description Amount 1 05/08/95 Compensation for furnishing and installing insulation 1,868.80 2 3 Total Change Orders $1,868.80 PAYMENT SUMMARY No. Period Payment Retainage Completed 1 Start 5\15\95 123,624.33 6,506.54 130,130.87 2 5\15\95 6\2095 90,851.43 11,414.72 228,294.48 3 6\20\95 1\25\96 3,411.00 11,467.72 229,354.48 4 1\25\96 10/16/96 24,619.25 12,763.47 255,269.48 5 10/16/96 03/12/97 15,307.27 257,813.28 6 7 8 9 10 Material on Hand Total Payment to Date $257,813.28 Original Contract $259,194.42 Retainage,Payment No. 5 Change Orders 1,868.80 Total Amount Earned $257,813.28 Revised Contract $261,063.22 551204nquest.wb2 tr r • . i LAW OFFICES OF f t ,..:-i j% �. ,' Ecicber . Lammers. Briggs. Wort Vierlin�s. 1 i� p.L.L.1 . i b 1835 Northwestern Avenue Lyle J. Ec•lcherg Stillwater. Minnesota 55082 lames F. Lammers Susan D. (012) -1392878 David K. Snn sonyder Robert G. Briggs** Alarlc .J. Vierlingt .. F:\\ (012) 439-7925 Gregory G. GalIer• Direct Dial (612) 351-2118 Paul A. Wolff Kevin K. Sl L (I t)-t-t-IJ�ti) toe c•rg n.Q\\ �• .alilie•d Neutral Arhitrd6or f1.,.Bator I(comas J. Weidner •Q..litied Neutral :\rltttrator December 4, 1996 *c'rrtitied heal Extate Specialu.t �a MS CAROL GREEDHURST �`� 'j�' % WASHINGTON COUNTY HOUSING AND !V j_ �`4 il; REDEVELOPMENT AUTHORITY ,1 f.\1 DEC - 51996 321 BROADWAY AVENUE SOUTH d ST PAUL PARK MN 55071 p\' -'` RE: Proposal to Locate Park Access/Bike Path Walkway Between Ramie Johnson Estates and Valley View Estates Dear Carol : Following up on our telephone conversation of December 4, 1996, I am enclosing a drawing for your reference as was provided to me by Randy Kurth showing Lot 25 and 26, Block 1, Valley View Estates 2nd Addition. The area in question, of course, is the NSP Easement area which is located immediately to the South of the Ramie Johnson Estates. The City of Oak Park Heights is interested in assisting the neighborhood and its residents to locate a bikepath/walkway area that would be located approximately 5 feet on the southern boarder of Ramie Johnson Estates and 5 feet on the northern boarder of the Krongard property so that we could have, in combination, a 10 foot wide bikepath/walkway easement which could be used by the public including, of course, the Ramie Johnson residents and others to access Valley View Park. NSP appears interested in allowing the City to locate the balance of the easement on its property which would be necessary to the area located to the east of Ramie Johnson Estates and Valley View 2nd Addition. The purpose of this letter is to request you to take this matter to your Board of Directors to receive and convey back to us their thoughts in terms of whether or not they would have an interest in cooperating with the City to locate such an easement, understanding that the City is looking for a donation of the easement area over which the City would construct and maintain the bikepath/walkway easement for the public. 410 MS CAROL GREEDHURST Page Two December 4, 1996 Thank you for your prompt attention to this matter. Yours very truly, Mark J. Vierling MJV/smp Enclosure / cc : Mr. Michael Robertson Ms. Janet Robert 11/26/96 12:16 7887602 11/26/,8996 13:13 7887602 KURTH SURVEYING INC PAGE 02 / • • PLOT PLAN e FOR ' THI S I S NOT A BO2IOARY SURVEY KRONGARD CONST . KURTH SURVEYING. INC. PROPOSED 4002 JEFFERSON ST. N.E. 1 HEREBY CERTIFY THAT THIS PLOT PUH VAS PREPARED BY HE GRADES COLU�.IBIA HEIpiTS. 114. 35421 0R UOEA MY DIRECT 1{M'ERYI11 THAT THIS PLASS CONAECT4Y 1412) 7aa-$78g FAX 10121 las-7402 smug 117E PI.ACEssaif or A PMOPORED Ian I.0Ip4 ON THE LA/41 HFJtEON DL'iCRi THAT I AY A DULY 8YiE0 lApO �tQEO sTstTATa IMP IMESOTA. DAMAGE SLAY • Cl$4.3•-7 DATE bAA-1. D j 11% 1 Top of oLocK • t__ D 0' ■ IRON �1 t (. eAseMenlr P1.0oR - 85'4►•a BEARINGS ARE PER PLAT I NNESOTA I CENSE NO. 02.-7 0 it ' SPIKE ser 2 • EX i ST 1 ND ELEVATION '� 7U \ PR ( _ I0 �L. F • PROPOSED v.DRAtNAOE ARROW —1— \to -gta ‘i— 7„6—ck(p 0 30 CAPIONS6ONS CRo9S.5 ) o♦+T t 1 1 R8t/-CL1'eTCPi per` AS-z+UIL SCALE IN FEET N s0•03'42-E 108.32 - . i 1 lo ,O \ moi. 1 ra � • �? ► ,�` � N.B.P. I • MOW, ` I .......... EASEMENT + ce14 IC lS •- co N N 1 y ♦ 1 • o `r it x � �. ) 1a x tom,, .' 10'"�_�36.00.47-11 143.0!1 �y 1 . i = 00 :Y hJ.'i ..-, e--- g -.$ 4,,NA NI.4",,;,_-. i 0. `ts . • M ' 1 4 C-'�v) I. a rs �-. / I 1r. 1 Lam- �-, I v ^ / . r. .• iA 'moi r VD 1'4 0 10r 4 .+v9" yyys d.a 1o.s —..r— ._-: _-i-- .. u4. -37..4 - $ '• 4 ` WI/ 1: ss M tti N 00.14.08-E 11 .41 /,/ IPO • LOT 25 & 26 . BLOCK I • r VALLEY VIEW . 2ND ADDITION . 11 WASHINGTON CO . . MN . illa Bonestroo,Rosene,Anderlik and Associates,Inc.is an ative Action/Equal Opportunity Employer Bonestroo Prip : oPJoseph C. derli Marvin L Sorvala,PE RichardncialsE.Turner,OttoG P.BonestrE.• Glenn o,R.E Cook,P.E.•RobertAnG.Sc cht,P.E.• Jerry A.Bourdon,P.E.• 1111Rosene Robert W.Rosene,PE.and Susan M.Eberlin,C.P.A.,Senior Consultants Anderlik & Associate Principals:Howard A.Sanford,P.E.• Keith A.Gordon,P.E.• Robert R.Pfefferle,P.E.• VII Associates Richard W.Foster,P.E.•David O.Loskota,P.E.•Robert C.Russek,A.I.A.• Mark A.Hanson,P.E.• Michael T.Rautmann,P.E.• Ted K.Field,P.E.• Kenneth R Anderson,PE.•Mark R.Rolls.P.E.• Sidney P Williamson,P.E.,L.S.•Robert F.Kotsmith Offices.:St.Paul,Rochester,Willmar and St.Cloud,MN•Milwaukee,WI Engineers &Architects November 7, 1997 Ms.Judy HoistD l5 E E El U II 7 City of Oak Park Heights 14168 5th Street North �, f [LkI 1 0 1997 Oak Park Heights,MN 55082 11.- ' , . Re: Valley View Estates CITY OF Our File No.55120 OAK PARK HEIGHTS Dear Ms. Hoist: We have inspected the Valley View Estates area as it relates to a petition the City received relative to some repair or corrective work requested by the Homeowners Association. A copy of that petition is enclosed for reference. It is recommended that an inlet grate be installed on the manhole shown in Picture 1 and a small berm be graded around the manhole to channel the water to be intercepted. The structures shown on Pictures 2 and 3 do not need to be modified. The beehives shown in Pictures 7A and 7B should be raised approximately one foot and fill placed around them. Mr. Krongard has agreed to replace the rock and gravel spillways with either larger rocks or concrete. It is recommended that holes be drilled in the two high-capacity catch basins and steel bars installed to reduce the opening size and finally it is suggested that approximately 10 cubic yards of rock rip rap be installed at the east end of the emergency overflow into the park for erosion control. It should be noted the concrete in Pictures 16 through 18 has been removed. The inspection was performed with a contractor in the area and they felt that the approximate cost of the improvements would be between $2,000.00 and $2,500.00. However, with the lateness of the season it would probably be best to wait until spring so that the areas can be cleaned up,restored and resodded. It will also be necessary to determine a source of funding if the City is to proceed with the work. We are also returning the pictures which we borrowed for your records and file. If you should have any questions on this matter,please do not hesitate to call me or Brian Scott. Very truly yours, BONESTROO,ROSENE,ANDERLIK&ASSOCIATES,INC. oseph C.Anderlik Qui" 9 2335 West Highway 36 • St. Paul, MN 55113 • 612-636-4600 • Fax: 612-636-1311 Enclosure 12B 111!A . O PETITION TO CITY OF OAK PARK HEIGHTS A MINNESOTA INCORPORATED MUNICIPALITY LOCATED IN WASHINGTON COUNTY, MINNESOTA We, the Board of Directors of Valley View Garden Homes Association, do hereby respectfully petition the City of Oak Park Heights to repair, correct or require any other responsible party to repair or correct the following: 1 . The seasonal surface water drains on the South side of the Subdivision of Valley View Garden Homes should be raised, opened and open covers put on them. Refer to Pictures No. 1 through 3 . 2 . Because of the inadequacy of the drains behind the homes, after heavy rains the water running along the South side of the Subdivision pulls up sod and makes ruts in the soil behind several of the homes . Refer to Pictures No. 4 through 7B. 3 . On the North side of 57th Street North in front of a condominium the over flow parking lot drains to the Street through rocks . This rock bed should be concrete. During a rain the water runs from a pile of concrete, dirt ,and rubble on an adjacent lot through this parking lot and down the rock drainage bed carrying dirt and rocks into the street . Refer to Pictures No. 8 through 10 . 4 . There are two vacant lots that are on Osgood Avenue by 58th and 57th Street . These lots are full of tall weeds and are extremely unsightly and unsafe . We live in a new subdivision and would like the entrance to the subdivision to look neat and clean. These lots should be cut and cleaned up. Is it true that vacant lots in the City of Oak Park Heights are to be mowed a minimum of once every month? These two lots have not been mowed this year except for the area surrounding the builder' s and Realtors ' signs . Refer to Pictures No. 11 through 15 . 5 . Across the street from 143 and 1465 57th Street North there is a large pile of concrete and dirt that is very unsightly, unsafe and will cause a severe erosion problem if left over the winter. We would like this removed immediately before a child gets injured because of the temptation to play on it . Refer to Pictures No. 16 through ., • • 3 All of the above items have been brought to the attention of the City of Oak Park Heights numerous times and nothing has been done to correct them. The following homeowners are numbers of Valley View Garden Homes Association and are represented by the Board of Directors : Joyce Bjork 14823 57 Street North Ralph and Ulla Reeve 14825 57 Street North 011ie and Rita Sassor 14833 57 Street North Don and Eileen Peterson 14835 57 Street North Carol Eastwood 14843 57 Street North Eunice Peterson 14845 57 Street North Phyllis Glampe 14853 57 Street North James and Jean Robinson 14855 57 Street North Walter and Gladys Goetschel 14863 57 Street North Howard and Jean Madsen 14865 57 Street North John and Merit Potting 14873 57 Street North Mary Jones 14875 57 Street North Mark and Laura Sullivan 14883 57 Street North Dennis Belkey and Katie Castelluccio 14885 57 Street North Gil and Evelyn Regnier 14893 57 Street North John and Lillian Jewell 14895 57 Street North Eva Gentner 14903 57 . Street North Douglas and Connie Bergmann 14913 57 Street North John and Janice McLean 14915 57 Street North ' Charles and Florence Claus 14925 57 Street North Judith Hanner 14933 57 Street North Clyde and Margaret Thiets 14935 57 Street North Homer and Esther Nethery 14943 57 Street North Greg and Debbie Lindow 14945 57 Street North We as homeowners are very proud to live in Oak Park Heights . The City' s numerous parks, annual picnic and tree planting program are a few examples that separate us from the rest . Therefore it bothers us when we see contractors come in and make a handsome profit in our city but do not take responsibility for maintaining the aesthetics of the neighborhood during and after development . This behavior detracts from the image of Oak Park Heights and we as a community have to insist on accountability. PETITIONED this 14th day of October, 1997 . VALLEY VIEW GARDEN HOMES ASSOCIATION %lam Pou•,:A Bergmann, Vesident r ~ ' • • x Valley View Garden Homes Association Board of Directors President - Douglas Bergmann Vice President - Howard Madsen Secretary/Treasurer - Clyde Thiets Director - Lillian Jewell Director - Mary Jones Enclosure 5 • • iE c EE LAW OFFICES OF • Q E1 1 ('f 1 • ckber�, Lammers. Briggs. wol�� & Vierling. .L,,EP ( 7X97 1835 \ � orthwestern Avenue Lyle .I. Eehl,erg Stillwater. Minnesota 35082 lames ('. hammers Susan D. (Ton ) (61`) 439-`878 David I . Snyder Robert G. Briggs** t•�arlC .I. Vierling* PAN (612) 459-`92,5 Paul A. Wolff Gregory G. Galler* 091•1-1996) Thomas J. Weidner* Direct Dial (612) 351-2118 *Q.alified\e.trd ,r6itrator lJ Mediator +Q.aLGed Neutral Arlaitrater *CertifiedRed..state Speeialiut September 16, 1997 MR MICHAEL J ROBERTSON gYI7 CITY ADMINISTRATOR CAW CITY OF OAK PARK HEIGHTS P 0 BOX 2007 14168 57TH STREET NORTH OAK PARK HEIGHTS MN 55082 RE: Valley View Addition Valley View Estates II Dear Mr. Robertson: Councilperson Robert asked me to follow up with Mr. Krongard to make sure that we secure the 20 foot wide walk/bike pathway easement along Osgood Avenue affecting these two subdivisions . i did talk to Jack Krongard during the morning of Thursday, September 11 and he advised me that he would have his surveyor, Mr. Kurth, who prepared the plats, prepare the necessary descriptions so that that can be conveyed to the City. Mr. Krongard is still presently in control of properties in issue and has not sold same. Obviously, between the County right-of-way, development issues and the City' s desire to locate a pathway easement, the area involved is quite congested. I did advise Mr. Krongard that the easement, as with any other City easement taken f•r such purposes, would not impair his development, i .e . , s- •-cks ould still be measured from the property lines, not om the -asement lines. Perhaps you could forward a copy of t. ' s memo t• r. Butler so he could be aware of same as well. Yo s ver ruly, -rk J. Vierling MJV:bc cc: Mayor David Schaaf Councilperson Janet Robert 40 _2- _ • LAW OFFICES OF t l • Eokberg. Lammers, Briggs, Wolff & Vierling. P.L. 1835 Northwestern Avenue Lyle .I. flold,erg St1IIwaier. Minnesota 55082 Susan U. Olson James F. Lammers (612) 439_2878 David K. Snyder RoLert G. Briggs** Mark ..I. Vierling* FAX (G l2) 4.30-2923 Paul A. Wolff Gregory G. Geller* Direct Dial (612) 351-2118944.1996) Thomas J. Weidner,~ (1*Qualified Neutral Arbitrator fs !Mediator *Qualified Neutral Arbitrator September 10, 1997 *Certified Real Estate Spreia li ul MS JANET ROBERT L5 6216 N LOOKOUT TRAIL D OAK PARK HEIGHTS MN 55082 SEP 1 1 1997 RE: Valley View Estates 2nd Addition �J Inquiry on Developer Requirements for Sod Dear Ms. Robert : You inquired from this office as it affects the ability of the City to require Mr. Krongard to sod the entirety of what is Lot 26 of Valley View Estates 2nd Addition and more particularly that area that is already covered or encumbered by the NSP Company easement reflected in Doc. No. 24537. Lot 26 was sold by Mr. Krongard to Mr. Lindow and the City has, of course, since acquired its easement for path and walkway purposes across the northern 10 feet of that property. The City has the original Developer' s Agreement with Mr. Krongard, a/k/a Krongard Construction Company and reference, of course, should be made as against the original document. My file copy of the unsigned draft provides that on page 2 paragraph 85 : "On all residential properties, the Developer or his designee shall provide finished grading with a topcoat of • block dirt and sod in the front and side yards. The back or rear yards of all residential properties shall be sodded or seeded at the developer' s option. No certificate of occupancy or final inspection approval shall be granted by the Building Inspections Department of the City of Oak Park Heights until compliance of this provision has been met within this requirement . " Further, paragraph B4 on page 2 also provides: 410 MS JANET ROBERT Page Two September 10, 1997 "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. " You have inquired as to whether or not the City should require Mr. Krongard to lay sod on the entirety of Lot 26 as more specifically that portion which is encumbered by the NSP easement . It is unknown whether Mr. Krongard disturbed the soil underneath the NSP high wire in the process of construction and building the home for Mr. Lindow as against this property. If, my assumption is correct, that he did not, his obligation to sod certainly as against the residential property occupied by Mr Lindow, would normally be applied only in the front and side yards. The rear yard of Mr. Lindow's property would have been seeded by the Developer or sodded at his option. I have confirmed with the office of the Building Inspector that the Lindow home is indeed constructed on Lot 26. The Developer had sodded the lot pursuant to the Development Agreement with the exception of that area which is occupied by the NSP easement . The terms of the Development Agreement, if read literally, may require the Developer to sod the area under the high wire/NSP easement . Notwithstanding language of the Development Agreement from a practical standpoint, it appears that the area is a maintenance issue either with the existing homeowner or with homeowner' s association and sod may not be the most desirable form of vegetative growth to exist in that area. Perhaps consideration of prairie grass or native grasses would best be implemented. On that issue, you may wish to seek the opinion of the City Forester and/or City Planner as well. Under the existing Development Agreement, however, it is also true that the City has issued its Certificate of Occupancy and the property is now in the ownership of Mr. Lindow. Obviously, no entry should be made upon the property at this point in time without Mr. Lindow' s consent by either the Developer or the City of 410 410 MS JANET ROBERT Page Three September 10, 1997 Oak Park Heights excepting in that area which we have obtained easement lying for a width of 10 feet south of the north lot line on Lot 26 . Yours very truly, Mark J. Vierling MJV/smp cc : Mayor David Schaaf j' Michael Robertson 411, MAW 4111 KRONGARD CONSTRUCTION COMPANY 11116, 14791 60TH STREET NORTH, SUITE 2 @ L5 Q V E r� STILLWATER, MINNESOTA 55082 I `� PHONE: (612) 430-2314 • FAX: (612) 430-3921 JUL 2 3 JULY 21 , 1997 CITY OF OAK PARK HEIGHTS 14168 - N 57TH ST. OAK PARK HEIGHTS, MN. 55082 INVOICE STAKE EAST PLAT LINE VALLEY VIEW EAST-SEE ATTACHED. TOTAL DUE $200 . 00 Kurth Surveying, Inc. W 002 Jeff er son .St N.E. Columbia Heights, Minnesota 55421 . _ - Phone (612) 788-9769 Fax (612) 788-7602 May 31, 1997 Mr. Jack Krongard do Krongard Construction 14791 60th St. No. Suite 2 Stillwater,Minnesota 55082 Services rendered thru May 31, 1997 Valley View Additions (Formerly Townhomes) 1997 May 08 Stake house-Lots(&7 Block I VV3rd with owner $ 333.00 09 Drawing on CIC plat(VVSo,)(1"Supp) 60.00 12 Drawing on CIC plat(VVSo.)(1M Supp) 180.00 14 Drawing on CIC- First S ' •lemental (VVSo.) 60.00 16 Computations on 7 Block I VV3rd 27.50 19 Restake house Lots • . :lock I VV3rd 208,00 20 Stake east plat line- ' E --» 8 i i I C; ti 0Pµ 20 Rough stake house- Lots 10& 11 -VVE3rd 75.00 30 Stake building corners with concrete contractor p--s-6 & 7� 205.00 30 Stake house Lots 3 &4, Block 1, rough stake house Lots 1 &2, Block 1 205.00 CURRENT NEW CHARGES $ 1,553.50 STATEMENT Current new charges $ 1,553.50 Previous billing + 425.00 Payment received-Thank you -425.00 Finance charges + 0.00 Total due as of May 31, 1997 S 1553.50 Payment due upon receipt,carrying charge of 1.5% per month after 30 days. • +fie i.. ° ,,rr• 1111111 RESOLUTION NO . 95 -11-48 CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA ESTABLISHING PRACTICES TO BE IMPLEMENTED BY THE BUILDING INSPECTION DEPARTMENT TO ASSURE COMPLIANCE WITH DEVELOPMENT AGREEMENTS ON CITY ORDINANCES AFFECTING LOT GRADES, BUILDING PAD ELEVATIONS, SITE DRAINAGE AND COMPLIANCE WITH DESIGN STANDARDS ESTABLISHED WITHIN THE ORDINANCES OF THE CITY OF OAK PARK HEIGHTS WHEREAS, the City of Oak Park Heights as previously established by Ordinance various design standards both within the building and zoning codes affecting the requirement of builders and property owners to establish lot grades, building pad elevations, corner monuments, drainage ways and water courses prior to, during and after the time of construction so as to demonstrate compliance with the terms and provisions of the individual development. agreements and the ordinances of the City of Oak Park Heights otherwise requiring same; and, WHEREAS, the City of Oak Park Heights has experienced the altering of established grades, the filling of water courses, failure to construct and establish building pad elevations and • other problems that could have been resolved had the builders, developers and owners of land properly complied with same; and, WHEREAS, non-compliance with the terms and provisions of the appropriate development agreements and the city ordinances affecting these issues, create neighborhood problems effecting the value of properties within the neighborhood and having an impact on established water courses, drainage and water pathways throughout the City of Oak Park Heights . NOW, THEREFORE, BE IS RESOLVED, BY THE CITY COUNCIL FOR THE CITY OF OAK PARK HEIGHTS AS FOLLOWS: 1 . That prior to the issuance and/or approval of a building permit and/or a certificate of occupancy by the Chief Building Official for the City of Oak Park Heights, the developer/owner of the affected property shall certify that all lot grades before and after construction meet or exceed the standards set forth within the original grading plan as has been approved by the City of Oak Park Heights and that the building pad is located and established at the approved elevation set forth within the original grading plan or otherwise approved by the office of the City Engineer. Such certification shall be completed by a Registered Surveyor. Any and all lots occupied after November 15th and/or before April 30th of each year shall come into compliance by May 31st of each year. Survey certification requirements shall be guaranteed by the Developer/Owner who may be required to post a cash escrow with the r , 11/Office of the City Administrator for the City of Oak Park Heights in the amount of $1, 000 . 00 per lot pending final certification of the property grades and building pad elevation by a Registered Surveyor. Additionally, the Developer/Owner shall certify that all corners on any lot have been identified and marked by appropriate survey pins or monuments which shall also be completed by a Registered Surveyor. Additionally, the Developer/Owner shall verify that the corner pins denoting the lot as have been placed by the Surveyor are in place at the time of issuance of the Certificate of Occupancy. Such certification shall also be completed only by a Registered Surveyor. FURTHER BE IT RESOLVED, that the Building Official for the City of Oak Park Heights, shall require of every Developer/Owner of property that they produce at the time of application of a building permit a survey demonstrating the lot lines and establishing elevation with 2 foot contours as shown upon the survey drawing. BE IT FURTHER RESOLVED, that the Building Inspection Department shall coordinate with the public utility department of the City of Oak Park Heights to assure that municipal utilities and meters are not installed or activated upon the property until compliance has been met with the terms and provisions of this Resolution. Passed by the City Council for the City of Oak Park Heights this /31-1 day of November, 1995 . 46-iel ara H. O'Neal, Mayor ATTEST: 4V57. '''4: 1---- . 7Michae � . Robertson City Administrator N. t_____I i I _ 0 , 0 E . , _ ..,___ ...._ ... 1 0 -9 f 0e .4 .: eir) . - li 4! 7 V35" - -:. ,at J vv. 4 f. _ +�-� i.r t I . .041121 if b , �, ft .do 1 1, - 45liej A , amin''''"" 00) I O :, 1E192 H. • E fi • -,N ) NI...A/ ggi)ii. . ......, ,_ i , F , 4'9 , o ., / ; i ,s0 et„, , . ...,Z.61#1 ?e,',0-e -T-cr • . ..k IIutI ' O 0 .1 w 1 Ti _ .. - 11 0,• „2.,,,-, ,..... , q Se . , ,,.,_...:... r • ..„(... ci , ' ,0,,,,: le sa P t: ell 4„ :r . -. j /bd 90 ,tip y,. - CITY OF .. .. OAK PARK HEIGHTS r� i * ,,a A MINNESOTA$TAA Cil` CERTIFICATION OF GRADING AND PLACEMENT OF CORNER IRONS DATE; Ju W I6�_I22.r THIS DOCUMENT MUST BE SUBMITTED TO THE CITY BUILDING DIVISION PRIOR TO THE ISSUANCE OF A CERTIFICATE OF OCCUPANCY. V • LOT ZS ` Zto BLOCK SUBDIVISION NAME VA�U V4 Z�v t ' ADDRESS ' $ 4ei 4' - 5Z u.w • e c 04 YiGc.0 coEv-( 1 hereby certify,that onwt-' t *conducted an on-site field survey and inspection at the above referenced location. I further verify that the as-built grades and elevations of the site and building arc in accordance with the Development Grading Plan or amendments as approved by the City Engineer as well us the approved certificate of survey. Any discrepancies from the original certificate of survey arc shown and labeled on the as-built certificate of survey. In addition, all corner irons are in place as of this date. I Signed: Printed/Typed Name (Registered Land Surveyor): V- ``� � K�i�-►K Minnesota State Registration No.: 2,02.'io • NOTE: Attach a copy of the Certificate of Survey showing all approved elevations and ail • . -s 1 ` . . t 4 t68 North 57th Street • Box 2007 • Oak Park Heights, Minnesota 55081-2C07 i . lU ` •. y� '� CITY OF .. .{ OAK PARK HEIGHTS 4\. .��\1 ___,_ -4.2, ,\- \ ) "t- ,„ A MINNESOTA STAR Cit CERTIFICATION OF GRADING AND PLACEMENT OF CORNER IRONS • DATE: s3Ut-`I 16, tW THIS DOCUMENT MUST BE SUBMI'TT'ED TO THE CITY BUILDING DIVISION PRIOR TO THE ISSUANCE OF A CERTIFICATE OF OCCUPANCY. fa LOT Z3 i;ZA BLOCK SUBDIVISION NAME `tAi-tX'!\i ttv'( C�tAW Zt_� Ao+7tT1D*I . ADDRESS x`41$ k1u435- 57'K 444 ,cL. . r1,{ c-tLLo c46W I hereby certify, that on JVt-y 151 1 Cconductcd an on-site field survey and inspection at the above referenced location. I further verify that the as-built grades and elevations of the site and building arc in accordance with the Development Grading Plan or amendments as approved by the City Engineer as well as the approved certificate of survey. Any discrepancies from the original certificate of survey arc shown and labeled on the as-built certificate of survey. In addition, all corner irons are in place as of this date. , • OP / ►� Signed: 71..,J / A Printed Typed Name (Registered Land Surveyor): t-•• ��C2-• Minnesota State Registration No.: 2D7.1 0 .40...,_ --,+ NOTE: Attach a copy of the Certificate of Survey showing all approved elevations and all JgY -.Sighs_ tit eljlvatpns. ., YRifii .. t41o8 North 57th Street • Box 2007 a Oak Park Heights, Minnesota .55083-2C07 1. . N06 : PM OV- 4-9MON 1200 - 'NGARD _r 43 3921 -= P:83 1 1 •t i • crry OF 4fr 1 OAK PARK HEIGHTS • r A WINS • A AI IT' CERTIFICATION OF GRADING AND PLACEMENT OF CORNER IRONS 45/ DATE: 10:1L�� -. THIS DOCUMENT MUST RE SUBMITTED TO THE CITY BUILDING DIVISION PRIOR TO THE ISSUANCE OF A CERTIFICATE Or OCCUPANCY. St,1BDtVISION NAME _A___ Vt_ t%b`t`_ '`��Z' -110N ADDRESS l'+ �- 011 • IS I hereby certify, that on ____ _-____�._.,liconduucd an on-Atte field lurvcy and inspection at the above referenced location. I further verify that the as-built grades and elevations of the site and building arc in accordance with thc Development Grjding Plan yr amendments as approved by the City Engineer u well tLti thc approved certificate of survey. Any discrepancies from the original certil late of survey arc shown and talvkd on the s.•built certificate of survey. In addition. all cornet irons are in place as of this date. Signed:Q Printedl'i'ypad Name (Registered Land Surveyor): ' ` • Minnesota State Registration No.: 14)2,20 • NOTE: Attach a copy of the Certificate of Survey showing alt approved elevations and all isc as-bunt t 'tlsrr . - - .� .r.�_.._••_____._. -------- • .------ • t t t66 Nortk S7th Street • sore 2007 • Oak Par{ Heights, MtnncVlta 5SO8.-2C07 • AMMO • • LAW OFFICES OF O Eckberg. Lammers. Briggs. Wolff El Vierling. P.L.L. 6 . 1835 Northwestern Avenue Lyle J. Eckherg Stillwater. Minnesota 55082 Susan D. Olson James F. Lammers (()12) 439-2878 David K. Snyder Robert G. Briggs** lhark J. Vierling* FAX (G12) 59-2923 Paul A. Wolff Gregory G. Griller. 0944-1990 Thomas J. Weidner* *Qualified Neutral Arbitrator& Mediator Direct Dial (612) 351-2118 *Qualified Neutral Arbitrator *Certified Real Estate Specialist June 23 , 1997 WASHINGTON COUNTY RECORDER r� i WASHINGTON COUNTY GOV'T CENTER i JUN 2 41997 14900 61ST STREET NORTH _\�i 12/STILLWATER MN 55082 RE: City of Oak Park Heights and Gregory & Debbie Lindow Public Use Easement Dear Recorder: Enclosed herewith please find a Public Use Easement which I would ask that you record in regards to the above-referenced matter. The Lindows' property is Torrens so we are also enclosing the Owner' s Duplicate Certificate of Title for you to memorialize said easement on their property. Please return said Certificate of Title to this office when recording is complete. Finally, enclosed please find our firm check in the amount of $19 . 50 to cover the cost of the filing fee in this regard. Thank you for your consideration and if there is anything further that you require, please feel free to contact my office. Yours very truly, Mark J. Vierling MJV/smp Enclosures cc : Mr. Michael J. Robertson LAW OFFICES OF Eckberg, Lammers, Briggs, Wolff & Vierling, P.L.L.P. 1835 Northwestern Avenue Lyle J. Ee',berg Stillwater. Minnesota 55082 Susan D. Olson James F. Lammers (612) 439-2878 David K. Snyder Robert G. Briggs FAX (612) 439-2923 Mark J. Vierling* Panl A. Wolff Gregory G. Gallery (1944-1996) Kevin K. Shoeberg Direct Dial (612) 351-2118 *Qualified Neutral Arbitrator&Mediator Thomas J. Weidner •Qualified Neutral Arbitrator May 21, 1997 *Certified Real Estate Specialist MR MICHAEL J ROBERTSON l5 W v l�l CITY ADMINISTRATOR CITY OF OAK PARK HEIGHTS j MAY 2 2 1997 P O BOX 2007 14168 57TH STREET NORTH _ OAK PARK HEIGHTS MN 55082 RE: City of Oak Park Heights' proposal to located a park/access bikepath/walkway easement between Ramie Johnson Estates and the Gregory A. Lindow property Dear Mike: Councilperson, Janet Robert, called me and indicated that she had received a call from Mr. Gregory Lindow. Apparently Mr. Lindow is willing to grant the City the easement that we had requested to locate a bikepath in the area but he wants a letter from the City which outlines issues on assumption of liability, a commitment as to how the bikepath is going to be built, maintained and how the bikepath will be signed or identified so that he will not have people straying on his property. In that regard, I advised Ms. Robert that I would suggest that the City issue a letter on its letterhead to Mr. Lindow. I have taken the liberty of drafting a sample letter to Mr. Lindow which is attached to this letter for your reference in that task. After you have had a chance to review this, and determine the verbiage that you would like to put in the le , I w.uld suggest that you route it to the other council me ' •ers to - their input before it goes to Mr. Lindow. Yours tery uly, 'a •k J. Vierli . = MJV/smp Enclosure Ai 1,t0 PUBLIC USE EASEMENT THIS INDENTURE, made this day of , 1997, by. and between GREGORY A. LINDOW and DEBBIE A. LINDOW, husband and wife, party of the first part; and the CITY OF OAK PARK HEIGHTS, Washington County, Minnesota, party of the second part. WITNESSETH: WHEREAS, the above-named party of the first part is the owner in fee simple of the real estate hereinafter described. That for and in consideration of the sum of ONE AND 00/100 ($1. 00) DOLLARS and other good and valuable consideration, the receipt of which is hereby acknowledged, the party of the first part has this day bargained and sold, and by these presents does bargain, sell and transfer unto the City of Oak Park Heights, its successors and assigns the following: Granting an easement over and across the north 10 feet of Lot Twenty-six (26) , Block One (1) , Valley View Estates 2nd Addition. TO HAVE AND TO HOLD, said perpetual easement and right- of-way unto the City of Oak Park Heights, Washington County, Minnesota, its successors and assigns. The party 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. 111 IN PRESENCE OF: PARTY OF THE FIRST PART: By: Gregory A. Lindow By: Debbie A. Lindow STATE OF MINNESOTA ) ss. COUNTY OF WASHINGTON) On this day of , 199 , before me, a Notary Public, within and for said County and State, personally appeared GREGORY A. LINDOW and DEBBIE A. LINDOW, husband and wife, to me personally known, who, being each by me duly sworn did say that they are the Owners of the above property and have signed said instrument as their own free act and deed. Notary Public IN PRESENCE OF: PARTY OF THE SECOND PART: CITY OF OAK PARK HEIGHTS By David Schaaf Mayor By Michael J. Robertson Its Administrator 2 4 STATE OF MINNESOTA ) ss . COUNTY OF WASHINGTON) On this day of , 199_, before me, a Notary Public, in and for said County and State, appeared DAVID SCHAAF and MICHAEL J. ROBERTSON, 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, 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 • THIS INSTRUMENT DRAFTED BY: Mark J. Vierling ECKBERG, LAMMERS, BRIGGS, WOLFF & VIERLING, P.L.L.P. 1835 Northwestern Avenue Stillwater, MN 55082 (612) 439-2878 3 . • • LAW OFFICES OF Eckberg, Lammers, Briggs, Wolff Vierling, P.L.L.P. 1835 Northwestern Avenue Lyle J. Eckberg St111wdter, Minnesota 55082 Susan D. Olson James F. Lammers (612) 439-2878 David K. Snyder Robert G. Briggs*• FAX (612) 439-2923 Mark J. Vierling* Paul A Wolff Gregory G. Gallery (1944-1996) Kevin K. Shoeberg *Qualified Neutral Arbirator&Mediator Thomas J. Weidner Direct Dial (612) 351-2118 *Qualified Neutral Arbitrator *Certified Real Estate Specialist February 17, 1997 MR MICHAEL J ROBERTSON � [ nR CITY ADMINISTRATOR � �` CITY OF OAK PARK HEIGHTS J P O BOX 2007 F i 911197 14168 57TH STREET .NORTH OAK PARK HEIGHTS MN 55082 Re: Valley View/Ramie Johnson Walkway Easement Dear Michael : Enclosed herewith please find an original and a copy of a letter I received from Tina Olson from NSP as it affects the Valley View Bike/Pedestrian Access . I am assuming that the terms of the permission and encroachment granted by NSP are acceptable by the City and, of course, I am faxing a copy of that to Joe Anderlik so that he can be familiar with same and expect to hear any comments from him if any of those terms are unacceptable . In either event, I would ask that you have both of these documents on hand and be prepared to execute them on behalf of the City. °e :ve received word from Ramie Johnson Estates with regard • this ssue and it appears that they are willing to cooperate • the mater. We have yet to conclude negotiations with the indivii al homeowners involved, but will be pursuing same dirertly. Yours ve y t - y, Mark J. - ling MJV/j kl Enclosure cc : Joe Anderlik (w/enc. ) • #10 • RIW Northern States Power Company 414 Nicollet Mall Minneapolis,Minnesota 55401-1993 Telephone(612)330-5500 February 13, 1997 Eckberg, Lammers, Briggs, Wolff&Vierling Attn: Mark Vierling 1835 Northwestern Ave. Stillwater, MN 55082 ENCROACHMENT - Oak Park Heights-Valley View Bike/Ped Access Line 0997/0980 Section 04, Township 029, Range 20 -Washington County Dear Mr. Vierling, Our transmission engineers have reviewed the proposed plans for the Valley View Bike/Ped Access that were submitted on January 31, 1997. The proposed use of the easement property is acceptable to NSP, subject to the following terms and conditions. 2. The ground elevation within the easement shall not be increased above the existing grade. Stockpiling of soil and/or material within the easement will not be permitted. 3. A working clearance of 25 feet between the electrical conductors and any cranes or digging equipment used in or near the easement, must be maintained at all times. To acknowledge receipt of and agreement with the terms of this consent, please sign the enclosed copy of this letter and return to my attention. Sin ely AL0L-aLer----) APPROVED Ina Olson Real Estate Rep./Highway Liaison By: 330-5983 • ,.„ : • RSIP Northern States Power Company 414 Nicollet Mall Minneapolis, Minnesota 55401-1993 Telephone(612)330-5500 February 13, 1997 Eckberg, Lammers, Briggs, Wolff& Vierling Attn: Mark Vierling 1835 Northwestern Ave. Stillwater, MN 55082 ENCROACHMENT - Oak Park Heights-Valley View Bike/Ped Access Line 0997/0980 Section 04, Township 029, Range 20 Washington County Dear Mr. Vierling, Our transmission engineers have reviewed the proposed plans for the Valley View Bike/Ped Access that were submitted on January 31, 1997. The proposed use of the easement property is acceptable to NSP, subject to the following terms and conditions. 2. The ground elevation within the easement shall not be increased above the existing grade. Stockpiling of soil and/or material within the easement will not be permitted. 3. A working clearance of 25 feet between the electrical conductors and any cranes or digging equipment used in or near the easement, must be maintained at all times. To acknowledge receipt of and agreement with the terms of this consent, please sign the enclosed copy of this letter and return to my attention. . 6' w Sinc 'ely /, APPROVED ina Olson z. Real Estate Rep./Highway Liaison By: 330-5983 • • LAW OFFICES OF • Ecicberq, Lammers, Briggs. Wolff & V ierling. P.L.L.P. 1835 Northwestern ,venue Lyle .l. l:0i46erg Stillwater. Minnesota 55082 Susan D. Olson ,lames F. Lammers ((312) -150-2878 David K. Snyder lRo6crt G. Briggs** Marl, J. �'ierlinq* FA (612) X39-2923 Paul A Wolff *Gregory C. Gaiter* Direct Dial No. 351-2118 1-/I`` 0944-1990)Devin l\. Skoel er *Qualiried Neutral Arllrator&S Mediator Thomas J. Weidner *Qualified Neutral Arbitrator e'. r rtir ed Real Estate Specialist February 17, 1997 Mr. Keith Jackson McGrann-Shey Attorneys at Law 2200 LaSalle Plaza Eighth & LaSalle • Minneapolis, MN 55402 In Re : Valley View/Ramie Johnson Walkway Easement Your Client : Washington County HRA Our Client : City of Oak Park Heights Our File No: 1501-2746 Dear Mr. Jackson: Per your request, I am enclosing a copy of a plat drawing for Valley View Estates, 2nd Addition. The City would propose to locate the easement both on your client' s property, i .e . , Ramie Johnson Estates and the property owned by the owner of Lot 26 which is outlined in the annexed drawing for you and highlighted by way of yellow marker. We would be more than happy to redraw the easement to delete the excess verbiage as was previously forwarded to you but perhaps you should review the drawing first and compare it with the drawing of Ramie Johnson Estates to determine whether or not the same meets your client' s needs and purposes. Obviously, the City will assume the cost of construction and maintaining of the bikeway/pathway easement . We expect that this public facility will be well used by the residents of both neighborhood and Ramie Johnson Estates and we look forward to your cooperation. We note, for your reference, that we have already received the permission from NSP to construct the balance of the easement over their property which is located immediately east and adjacent to the Ramie Johnson Estates and Valley View Estates, 2nd Addition. 4IM 411 Mr. Keith Jackson Page Two February 17, 1997 If you have any questions, please feel free to contact me directly. Yours very truly, Mark J. Vierling MJV:jkl / c: Mr. Michael J. Robertson • • NOTICE OF PUBLIC HEARING FOR PROPOSED VACATION OF DRAINAGE AND UTILITY EASEMENTS IN LOTS 1 THROUGH 8, BLOCK 1, VALLEY VIEW ESTATES 2ND ADDITION CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA NOTICE IS HEREBY GIVEN that the City Council for the City of Oak Park Heights, Washington County, Minnesota shall hold a public hearing upon the request of St . Croix Land Company a Minnesota Corporation proposing the vacation of all drainage and utility easements now located in Lots 1 through 8, Block 1, Valley View Estates 2nd Addition. The public hearing shall be held at 7 :30 o' clock p.m. on the 24th day of June, at the Municipal Building, 14168 57th Street North, Oak Park Heights, MN 55082 . The interest proposed to be vacated within the aforementioned properties are legally described as follows, to-wit : All drainage and public utility easements now located within Lots 1 through 8, Block 1, Valley View Estates 2nd Addition as the same is platted of record in the office of the County Recorder in and for Washington County, Minnesota. Copies of the application and supporting documentation may be reviewed at the City Hall during regular business hours . All written and oral comments will be considered. Dated this l2th day of June, 1996 . BY ORDER OF THE CITY COUNCIL 7, 7,41 Ae ichael J. Robertson City Administrator 03/11/96 9:34 AM I7ei//eb'Ie " / 't9V • Pagel GEOCODE: 04-29-20-14-0055 CARR DAVID A & SHEILA A' PIN : 601624000 14787 56TH ST N OAK PARK HEIGHTS MN 550820000 GEOCODE: 04-29-20-14-0006 SWENSON MARK R & TERESA M PIN : 601612250 14846 UPPER 55TH ST N OAK PARK HEIGHTS MN 550820000 GEOCODE: 04-29-20-14-0147 MADSEN HOWARD & JEAN PIN : 601692225 14865 N 57TH ST STILLWATER MN 550820000 GEOCODE: 04-29-20-14-0035 PILQUIST WILLIAM J & E A PIN : 601623000 5642 OZARK AVE N OAK PARK HEIGHTS MN 550820000 GEOCODE: 04-29-20-14-0026 CIAK ROBERT J & APRIL / PIN : 601622550 5654 56TH ST CIR N OAK PARK HEIGHTS MN 550820000 • GEOCODE: 04-29-20-14-0071 THRON DONALD P PIN : 601624800 14884 55TH ST N OAK PARK HEIGHTS MN 550820000 J 03/11/96 9 :34 AM Page2 GEOCODE: 04-29-20-14-0144 GLAMPE PHYLLIS M PIN 601692150 14853 N 57TH ST STILLWATER MN ql ' V 550820000 GEOCODE: 04-29-20-11-0086 ST CROIX LAND CO INC PIN : 615502425 14791 60TH ST N #2 V �Si STILLWATER MN L ► 3 &. V 550820000 GEOCODE: 04-29-20-13-0006 COLEMAN LARRY A & SUZANNE M PIN : 600042750 5564 OSGOOD AVE N STILLWATER MN 550820000 GEOCODE: 04-29-20-14-0029 WILLIAMS GEMMA T PIN : 601622700 5645 N 56TH ST CIR OAK PARK HEIGHTS MN 550820000 GEOCODE: 04-29-20-14-0016 CLEMINGS LORI ANN PIN : 601622050 14786 56TH ST STILLWATER MN 550820000 GEOCODE: 04-29-20-14-0004 LUNDEQUAM JOSEPH R & LAURE A PIN : 601612150 14818 UPPER 55TH ST OAK PARK HEIGHTS MN 550820000 03/11/96 9 :34 AM • Page3 )45 - lygS"1�� Sf GEOCODE: 04-29-20-14-0143 ST '*IX CO INC PIN : 601692125 14791 ST N #2 STILLWA ' ` A (P/3 vy'€sra,* 550820000 GEOCODE: 04-29-20-14-0032 GIBSON MARJORIE K i PIN : 601622850 14918 56TH ST OAK PARK HGTS MN 550820000 GEOCODE: 04-29-20-14-0150 SULLIVAN MARK A & LAURA KJ PIN : 601692300 14883 57TH ST N STILLWATER MN 550820000 GEOCODE: 04-29-20-14-0056 PETERSON MARY L PIN : 601624050 14801 56TH ST N OAK PARK HEIGHTS MN 550820000 GEOCODE: 04-29-20-14-0036 WELLER MATTHEW J &LARRY R& ,/ PIN : 601623050 MARY J 5652 OZARK AVE N STILLWATER MN 550820000 GEOCODE: 04-29-20-11-0087 ST CROIX LAND CO INC PIN : 615502450 14791 60TH ST N #2 STILLWATER MN ILS E5f'a A 550820000 03/11/96 9:34 AM a Page4 GEOCODE: 04-29-20-14-0072 ARNOLD CHRISTINE K PIN : 601624850 14872 UPPER 55TH ST OAK PARK HTS MN 550820000 GEOCODE: 04-29-20-13-0008 OLSON VICTOR LARRY & HELEN M PIN : 600042900 14703 UPPER 56TH ST N OAK PARK HTS MN 550820000 GEOCODE: 04-29-20-14-0019 COON ERIC N & DENISE P PIN : 601622200 14822 56TH ST W OAK PARK HEIGHTS MN 550820000 GEOCODE: 04-29-20-14-0059 SIMPSON ANN M & KEVIN Di PIN : 601624200 14841 N 56TH ST STILLWATER MN 550820000 7 GEOCODE: 04-29-20-14-0030 HOFF CHARLES R&DEBORAH A.J.& PIN : 601622750 JOHNSON JOHN B & ARLENE E 5627 56TH ST CIR N OAK PARK HEIGHTS MN 550820000 GEOCODE: 04-29-20-13-0009 COLER WILLARD L & SANDRA N PIN 601602000 05675 OREN AVE N OAK PARK HTS MN . 03/11/96 9 :34 AM . 410 Page5 550820000 GEOCODE: 04-29-20-14-0008 HODNETT VIOLET M LOVING TRUS PIN : 601612305 14860 UPPER 55TH ST N STILLWATER MN 550820000 P-139 3 - 5 'Ph S-E N Vae� GEOCODE: 04-29-20-14-0152 ST CROIX LAND CO INC PIN : 601692350 14791 60TH ST N #2 ',�' I VYZ. STILLWATER MN 550820000 GEOCODE: 04-29-20-13-0032 FINNEMAN VAL W & KAREN PIN : 601604000 715 S 6TH ST Owners STILLWATER MN 550820000 Contract Purchasers FINNEMAN ELMO C&CLAUDIA L.E 715 S 6TH ST STILLWATER MN ) 558X 0 590001 550820000 GEOCODE: 04-29-20-14-0017 LUDWIG ROBERT M & JEAN A PIN : 601622100 14798 56TH ST N STILLWATER MN 550820000 ; /8 35 510 St . A/• GEOCODE: 04-29-20-14-0141 ST CRI LAND CO INC PIN : 601692075 a,d _ mod 14791 TH ST N #2 STILL ER MN 9/3 V4 E �� 550820000 GEOCODE: 04-29-20-14-0020 BRANDL MARGARET A PIN : 601622250 14836 56TH ST N AM Page9 03/11/96 9 :34411i' GEOCODE: 04-29-20-14-0061 GENTER EVA R PIN : 601624300 14867 N 56TH ST STILLWATER MN 550820000 GEOCODE: 04-29-20-14-0064 OLSON VICTORIA M I PIN : 601624450 14909 56TH ST N OAK PARK HEIGHTS MN 550820000 GEOCODE: 04-29-20-13-0001 HENNING WILLIAM H & RUBY M PIN : 600042500 05696 OSGOOD AVE N STILLWATER MN 550820000 GEOCODE: 04-29-20-13-0034 MCLEAN BRUCE C PIN : 601604100 5632 OSGOOD AVE STILLWATER MN 550820000 ar r�(n SOAP Sf 51 GEOCODE: 04-29-20-14-0140 ST C OIX AND CO INC PIN : 601692050 14791 60 ST N #2 STILLW T R MN 3 J 3 V V E 550820000 GEOCODE: 04-29-20-14-0002 NELSON SCOTT M&STONER SANDRA PIN : 601612050 14786 UPPER 55TH ST STILLWATER MN 550820000 03/11/96 9 :34 AM . Page6 OAK PARK HEIGHTS MN 550820000 GEOCODE: 04-29-20-14-0057 QUAST ROGER E & LAINA J PIN : 601624100 14815 N 56TH ST OAK PARK HEIGHTS MN 550820000 IqH5 SLA/ _VUteek, GEOCODE: 04-29-20-14-0151 ST OI LAND CO INC PIN : 601692325 14791 TH ST N #2 STILLWA ER MN Hp/ V / Jr 550820000 GEOCODE: 04-29-20-14-0060 GREEDER JEFFREY L PIN : 601624250 14855 56TH ST OAK PARK HEIGHTS MN 550820000 GEOCODE: 04-29-20-13-0010 MORENCY BERNARD W JR & JUDIT PIN 601602050 05691 OREN AVE N OAK PARK HGTS MN 550820000 GEOCODE: 04-29-20-14-0023 BICK MITCHELL P&PECK LONNIE PIN : 601622400 14878 56TH ST N OAK PARK HEIGHTS MN 550820000 GEOCODE: 04-29-20-13-0033 WITT TIMOTHY I 03/11/96 9 :34 AM • 411 Page7 PIN : 601604050 5600 OSGOOD AVE N STILLWATER MN 550820000 GEOCODE: 04-29-20-14-0018 SCHWARTZBAUER BRUCE D & PIN : 601622150 MARGARET 14808 N 56TH ST OAK PARK HTS MN 550820000 GEOCODE: 04-29-20-14-0063 NELSON MARK M & KATHLEEN M PIN : 601624400 14895 56TH ST N • OAK PARK HEIGHTS MN 550820000 GEOCODE: 04-29-20-14-0054 ROSSINI WILLIAM J & CHERYL A PIN : 601623950 14773 56TH ST N OAK PARK HEIGHTS MN 550820000 GEOCODE: 04-29-20-14-0058 O'DONNELL DENNIS C PIN : 601624150 14829 56TH ST N OAK PARK HEIGHTS MN 550820000 GEOCODE: 04-29-20-14-0138 ST CROIX L'd 11 CO INC PIN : 601692000 14791 v4 ST N #2 STILLWAT u 113 \IJ e- - 550820000 03/11/96 9 :34 AM410 411 Page8 GEOCODE: 04-29-20-14-0001 ROSENOW EUNICE A PIN : 601612000 14770 N UPPER 55TH ST OAK PARK HEIGHTS MN 550820000 GEOCODE: 04-29-20-14-0021 ZASPEL KURT A & HUGHES LISA PIN : 601622300 14850 56TH ST N OAK PARK HEIGHTS MN 550820000 GEOCODE: 04-29-20-14-0149 JONES MARY C PIN : 601692275 14875 N 57TH ST STILLWATER MN 550820000 GEOCODE: 04-29-20-14-0101 ST CROIX LAND CO INC PIN : 615502025 14791 60TH ST N #2 0 ut STILLWATER MN 550820000 GEOCODE: 04-29-20-14-0024 HERZOG JERRY L & GAYLE J PIN : 601622450 5628 56TH ST CIR N OAK PARK HEIGHTS MN 550820000 GEOCODE: 04-29-20-14-0111 OLSEN NEIL C &CAROL E-TRUST- PIN : 615502500 EES OF THE OLSEN 1992 FAMILY 6504 CHEROKEE TRL L 6 5 EDINA MN 554390000 Jv E5t 03/11/96 9 :34 AM 410 Pagel() GEOCODE: 04-29-20-14-0074 KALINOFF FREDERICK P JR&PATR PIN : 614402100 00108 LAKESIDE DR STILLWATER MN 550820000 I GEOCODE: 04-29-20-14-0145 ROBINSON JAMES A & JEAN E PIN : 601692175 14855 N 57TH ST STILLWATER MN 550820000 GEOCODE: 04-29-20-14-0022 RYDEEN DANIEL C i PIN : 601622350 14864 56TH ST N OAK PARK HEIGHTS MN 550820000 GEOCODE: 04-29-20-14-0027 BERGER MICHAEL K & CYNTHIA A PIN : 601622600 05658 56TH ST CIR N STILLWATER MN 550820000 GEOCODE: 04-29-20-13-0063 WITT TIMOTHY I� PIN : 614592250 5600 OSGOOD AVE N STILLWATER MN 550820000 GEOCODE: 04-29-20-14-0062 SWAGER GARY D & CYNTHIA L PIN : 601624350 07729 MINAR AVE N Owners STILLWATER MN 550820000 Contract Purchasers C WALDORF PATRICIA A & EDIN RE 14881 56TH ST N OAK PARK HEIGHTS MN 550820000 03/11/96 9 :34 AM • Pagell p h Ui O t` .a.,.e, ikise. Al GEOCODE: 04-29-20-14-0139 ST OI LAND CO INC PIN : 601692025 14791 TH ST N #2 STILLW R MN 2-13 j t 550820000 GEOCODE: 04-29-20-13-0065 KING ROBERT L PIN : 614592310 14715 55TH ST N STILLWATER MN 550820000 GEOCODE: 04-29-20-13-0062 JENSEN LEO F PIN : 614592200 14694 55TH ST N STILLWATER MN 550820000 GEOCODE: 04-29-20-14-0146 GOETSCHEL WALTER C & GLADYS PIN 601692200 14863 N 57TH ST STILLWATER MN 550820000 GEOCODE: 04-29-20-13-0002 HENNING WILLIAM H & RUBY M PIN : 600042550 05696 OSGOOD AVE N STILLWATER MN 550820000 GEOCODE: 04-29-20-13-0053 HAGSTROM LYNN CHRISTINE/ PIN : 614573050 14691 UPPER 56TH ST N STILLWATER MN 550820000 03/11/96 9 :34 AM410 • Pagel2 GEOCODE: 04-29-20-13-0035 HAYNES SHARON A PIN : 601604150 5648 OSGOOD AVE Nr STILLWATER MN 550820000 i GEOCODE: 04-29-20-14-0005 SHERRARD ROGER A & EVELYN J PIN : 601612200 14832 UPPER 55TH ST N STILLWATER MN 550820000 GEOCODE: 04-29-20-14-0025 STARNS MARIAN A PIN : 601622500 5646 56TH ST CIR / OAK PARK HEIGHTS MN 550820000 GEOCODE: 04-29-20-14-0028 SCHIEBEL DAVID M & ROBIN L PIN : 601622650 5653 56TH ST CRL N OAK PARK HTS MN 550820000 Can e P ao-t.,wood - 19 8(I 3 s 7 qh GEOCODE: 04-29-20-14-0142 ST CRO AND CO INC PIN : 601692100 14791 6 ST N #2 513 J C St STILLWA R MN 550820000 GEOCODE: 04-29-20-14-0148 POTTING JOHN W PIN : 601692250 14873 N 57TH ST STILLWATER MN 550820000 03/11/96 9 :34 AM410 410 Page13 GEOCODE: 04-29-20-13-0064 HOLST GARY L & JUDY L PIN : 614592260 14708 55TH ST N OAK PARK HEIGHTS MN 550820000 GEOCODE: 04-29-20-14-0110 BREKKE MORRIS TRUSTEE PIN : 615502200 2353 3D MARIPOSA W Owners LAGUNA HILLS CA 926530000 Contract Purchasers OLSEN NEI C & OL E-TRUST- EES OF THE EN 1992 FAMILY 6504 CHERO E TRL EDINA MN 554390000 GEOCODE: 04-29-20-14-0015 MONSON DOUGLAS M & KATHLEEN PIN : 601622000 14774 56TH ST OAK PARK HEIGHTS MN 550820000 GEOCODE: 04-29-20-13-0007 EARDLEY ROBERT E & MARION L PIN : 600042850 05616 OSGOOD AVE N OAK PARK HTS MN 550820000 i GEOCODE: 04-29-20-14-0003 BERGER JAMES L & DOREEN R PIN : 601612100 14802 UPPER 55TH ST N OAK PARK HEIGHTS MN 550820000 GEOCODE: 04-29-20-14-0031 EICHINGER JOHN E PIN : 601622800 14904 56TH ST N OAK PARK HEIGHTS MN 550820000 03/11/96 9 :34 AM 110 , Pagel4 There were 77 parcels searched in this request. There were 77 parcels searched in this request. 410 S CITY OF OAK PARK HEIGHTS NOTICE OF PUBLIC HEARING REQUEST FOR MODIFICATION OF VALLEY VIEW ESTATES PLANNED UNIT DEVELOPMENT The City of Oak Park Heights will hold a Public Hearing on Monday, March 25, 1996 at 7 :30 P.M. at Oak Park Heights City Hall at 14168 North 57th Street to discuss a request by Krongaard Construction to modify the Planned Unit Development plan for Valley View Estates, located east of Osgood Avenue. There are two requested modifications. One is to change 8 lots planned for detached single family homes into 7 lots planned for twin homes. This will increase the density from 8 residential units to 14 residential units . The second is to reduce a planned 8-plex unit to a 6-plex unit . All who wish to comment are asked to attend and be heard. Date: March 13 , 1996 BY ORDER OF THE CITY COUNCIL ichael Ro•ertson City Administrator Enclosure 8 411 NOTICE OF PUBLIC HEARING FOR PROPOSED VACATION OF DRAINAGE AND UTILITY EASEMENTS IN LOTS 1 THROUGH 8, BLOCK 1, VALLEY VIEW ESTATES 2ND ADDITION CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA NOTICE IS HEREBY GIVEN that the City Council for the City of Oak Park Heights, Washington County, Minnesota shall hold a public hearing upon the request of St . Croix Land Company a Minnesota Corporation proposing the vacation of all drainage and utility easements now located in Lots 1 through 8, Block 1, Valley View Estates 2nd Addition. The public hearing shall be held at 7 : 00 o' clock p.m. on the 24th day of June, at the Municipal Building, 14168 57th Street North, Oak Park Heights, MN 55082 . The interest proposed to be vacated within the aforementioned properties are legally described as follows, to-wit : All drainage and public utility easements now located within Lots 1 through 8, Block 1, Valley View Estates 2nd Addition as the same is platted of record in the office of the County Recorder in and for Washington County, Minnesota. Copies of the application and supporting documentation may be reviewed at the City Hall during regular business hours. All written and oral comments will be considered. Dated this 1)P1 day of June, 1996 . BY ORDER OF THE CITY COUNCIL is ael J. Robertson City Administrator .,.., , , 4 f CITY OF') • 3rIt: - OAK PARK HEIGHTS v ,„,,,,t ' 14168 N. 57th Street•Box 2007 •Oak Park Heights,MN 55082 •Phone: (612) 439-4439 •FAX 439-0574 June 11, 1996 Jack Krongard Krongard Construction 14791 North 60th Street Oak Park Heights, MN 55082 Re Valley View Estates Development Agreement Dear Jack: The City Council of Oak Park Heights requests, per the Valley View Estates Development Agreement, that you begin sweeping the streets in your development of dirt on a weekly basis. This will help keep surrounding areas free from blowing dirt and reduce the amount of dirt that is washing into our storm sewer system. If you have any questions, please give me a call ._ Sincerely, � V/ i! Michael Robertson City Administrator cc: City Council Tree City U.S.A. Enclosure 8 • • NA Northwest Associated Consultants , Inc . COMMUNITY PLANNING • DESIGN • MARKET RESEARCH cm I PLANNING REPORT - ADDENDUM Ai* - 41996 TO: Oak Park Heights Mayor and City Council FROM: Scott Richards DATE: 3 April 1996 RE: Oak Park Heights - Krongard PUD FILE NO: 798.02 - 96.01 INTRODUCTION As a follow up to the 25 March 1996 City Council meeting and the concerns raised by the neighborhood and Council members, Mr. Krongard has presented plans to address the concerns, primarily with the proposal to amend the PUD to allow for construction of six twin homes and two single family instead of the eight single family units on 56th Street North. The following exhibits are attached for reference: Exhibit A -Approved Plan - North (1995) Exhibit B -Approved Plan - South (1995) Exhibit C - Revised Plans - Layout Exhibit D - Revised Plans - Grading Exhibit E - Proposed Unit - Lots 6 and 7 Exhibit F -Twin Home Demographics PUD AMENDMENT (SINGLE FAMILY AND TWO FAMILY) Building Type/Setbacks. Mr. Krongard has presented plans to revise the building type for proposed Lots 6, 7, 8, 9, 10 and 11 in order to shorten the depth of the units. Units 8, 9, 10 and 11 would be built as tuck-under units to accommodate the hillside. Instead of being placed at or near the rear setback line, the units have been moved north from 15 to 20 feet, resulting in setbacks from the rear property Zine of 45 to 50 feet. 5775 Wayzata Blvd.• Suite 555 • St. Louis Park, MN 55416 • (612) 595-9636•Fax. 595-9837 • Grading/Drainage. As a result of changing the proposed building style, the new grading plan is similar to what was proposed for the single family development. We recommend the City Engineer review the revised plans and make comment regarding any slope or drainage issues. Tree Cover. The revised building plans will result in less tree loss than the previous twin home plan and possibly the single family plan. The original approvals did not limit the construction of single family homes within the building footprint which could have resulted in structures 30 feet from the rear property line. The PUD amendment as now proposed that specifies building footprints within 45 to 50 feet of the rear property line will assure less disruption of the hillside and more tree preservation. As stated before, a detailed tree survey will be required of the developer to determine the extent of the vegetation presently on the site and the trees that will be served. Park Dedication. As stated in the previous planning report, with the increase of units from 8 to 14, the park dedication request will also increase by $2,700.00. PUD AMENDMENT (EIGHT UNIT STRUCTURES TO SIX UNIT) Off-Street Parking. The plans submitted by Mr. Krongard do not adequately address the required parking for the proposed six unit structures. Each unit requires two parking spaces, a minimum of 9 feet by 20 feet. The plans indicate that the west facing units of the westerly building and east facing units of the easterly building allow only 16 feet from the garage doors to the access roadway. The other units are compliant in that the driveway areas are at least 20 feet. The current design results in a parking deficiency of two stalls and a lack of driveway space to accommodate visitor parking. The City Council should hold on any approvals of this portion of the amendment until Mr. Krongard presents a plan with compliant parking. Park Dedication. The park dedication requirement for the two, eight unit buildings was $5,360.00. The proposed reduction of four units results in a required park dedication of $4,020.00 or$1,340.00 less than what was paid. Taking into account the increase in park dedication required for the single family to two family amendment, the difference would be $1,360.00 payable at the time of final plat approval. RECOMMENDATION Based upon the submittal of revised plans, our office recommends approval of the rezoning from R-1 to R-2, and PUD amendment for the single family to two family portion of the amendment with the conditions listed below. We recommend the City Council hold 2 • • on giving approvals for the eight unit to six unit amendment until the parking issues has been resolved. The revised conditions of approval for both amendments are as follows; 1. The grading and drainage plan for both development sites shall be subject to review and approval of the City Engineer. 2. Building elevations/floor plans are submitted for the dwelling units, including both the twin homes and the six unit buildings. Said plans are necessary to determine compliance with interior setback standards, applicable to height requirements. 3. If applicable, a plan must be submitted to specify trash handling locations in both areas of the proposed PUD amendment. 4. Park dedication shall be adjusted per each PUD amendment request. First, because the density of the development south of 56th Street is increasing from eight units to 14, the park dedication requirement is $2,700.00 ($450.00 per unit increase). However, the park dedication for the six unit condominiums would decrease from $5,360.00 to $4,020.00 or$1,340.00 less than what was paid. Upon approval of both PUD amendments,the developer will be required to pay $1,360.00 for park dedication. 5. A landscape plan must be submitted which shows the location, type and size of all proposed plantings. Also, a tree survey is required to determine the extent of vegetation presently on the site and trees that will be saved. 6. Proposed easements established along lot lines are subject to review and approval by the City Engineer. 7. A utility plan must be submitted for both areas of the PUD amendment. Said plan shall be subject to review and approval by the City Engineer. 8. If applicable, a detailed signage plan shall be submitted, subject tor review and approval by the City Council. 9. The applicant submit a copy of all restrictive covenants, conditions, and restrictions to be applied to the proposed development. All such covenants shall be subject to City review and approval. 10. Parking is prohibited along all private streets. • 3 • 11. Lots 5 and 14 shall be allowed as single family lots contingent upon approval by the Building Official of the building style. 12. The applicant submit revised plans for the six unit apartment complexes to meet all applicable off-street parking requirements. 13. The City Attorney shall review the existing development contract and determine if any revisions are necessary as a result of the proposed PUD amendment. 14. Comments from other City staff.. pc: Mike Robertson Mark Vierling Joe Anderlik Jack Krongard 4 C , C) Ir z • m �n6 1 r G Im 1 `"' • • 1 vI�>At 1' = --- OSGOOD AVE _ . 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Ft. j ; xz , -; EXHIBIT E :; , ,61 PROPOSED UNIT `%r' LOI S 6 AND 7 'a 32'-0" 1 v deslan basics inc. 1 1 • 111AP • KRONGARD CONSTRUCTION COMPANY .1‘10 14791 60TH STREET NORTH, SUITE 2 STILLWATER, MINNESOTA 55082 PHONE: (612) 430-2314 • FAX: (612) 430-3921 PROFILE OF TWIN HOME RESIDENTS ON 57TH STREET NORTH 24 UNITS TOTAL 19 UNITS SOLD TOTAL PEOPLE 28 - CHILDREN -0- 1 . 53 PEOPLE PER UNIT TOTAL CARS 23 1 .2 CARS PER UNIT 15 UNITS RETIRED 4 UNITS WORKING EXHIBIT F TWIN HOME DEMOGRAPHICS • • CITY OF u T OAK PARK HEIGHTS I'''' ,triO4, * rp A MINNESOTA STAR CITY D :.D 'If' February 16, 1996 Jack Krongaard Krongaard Construction 14791 60th Street North, #2 Oak Park Heights, MN 55082 Dear Jack: I have received your request for a change in your Valley View Planned Unit Development . What you need to do is officially apply for a PUD amendment . I have enclosed an application form with the proper blank checked. Since a PUD amendment requires a public hearing, I have placed your request on the next Council agenda. It is not necessary for you to be at that meeting, as all the Council will do is set a public hearing date for your request . That public hearing date will be Monday, March 25, 1996 . Along with your application, please submit a site plan of your entire PUD, showing what it will look like if your requested change is granted. Please also let us know what you plan for your multi-family site, as that should be part of the discussion of this amendment . If you have any questions, please give Scott Richards or myself a call . Sincerely, ...-- --7 V - ' V Michael Robertson City Administrator cc : City Planner Scott Richards City Attorney Mark Vierling 14168 North 57th Street • Box 2007 • Oak Park Heights, Minnesota 55082-2007 Phone: 612-439-4439 • Fax: 612-439-0574 • • CITY OF OAK PARK HEIGHTS A MINNESOTA STAR CITY August 3 , 1995 Mr. Jack Krongard Krongard Construction 14791 60th St. , N. , Ste. 2 Oak Park Heights , MN 55082 Dear Mr. Krongard: Below you will find a list of corrections to be made at a number of your twin homes . The first correction notice was made as early as July 5 , 1995 . As we proceed, I am finding that some items are being covered up. To avoid any further problems I am asking that all of these corrections be made no later than Thursday, August 10 , 1995 . If compliance is not met by this date, "stop work" notices will be posted. Do not cover any framing corrections until these items have been inspected and approved. If upon reinspection compliance is not met and an additional inspection becomes necessary, there will be an additional fee made which will need to be paid prior to any reinspection. Please be reminded that it is the responsibility of the contractor doing the work to call and schedule needed inspections at the proper time. A 24 hour notice is required for the scheduling of all inspections. The plumbing rough-in inspection shall include underground, each floor level, and water lines . Please remember that the tub or shower stall is not to be installed on an exterior wall until it is properly insulated and a vapor barrier is in place. All concealed gas lines shall have the required pressure test at the final inspection. Shut offs must be within three feet of all gas appliances . A framing inspection is not to be scheduled until the electrical , plumbing and mechanical rough-ins are complete. 14168 North 57th Street • Box 2007 • Oak Park Heights, Minnesota 55082-2007 Phone: 612-439-4439 • Fax: 612-439-0574 • Fire wall inspections will be made at the time of the framing inspection and immediately following the blowing in of the attic insulation. NOTE: Proper location of the attic access and proper framing of the access in the fire wall shall be inspected - check the approved plan for the location. The access through the firewall shall be closed after the attic insulation is installed. This panel may be secured by the drywall installers. CORRECTIONS Address: 14823 57th St. , N. 1 ) . Need final pressure test on all gas lines . 2) . Need garage steps . 3 ) . Bay windows need to be insulated. 4) . Need shut-off at fireplace. 5 ) . Need freeze blocking in basemen] rims for trimmers above carry to foundation. Address: 14825 57th St. , N. 1) . Need final pressure test on all gas lines . 2) . Need garage steps. 3) . Deck not properly flashed. Do not side until inspected. 4) . Deck rim to be lag bolted. 5) . Need freeze blocking in basement rims - carry to foundation. 6 ) . Need shut-offs for stove and dryer. 7 ) . Need access to six foot protected area to insulate. To be closed off and inspected after unsulating. Address : 14833 57th St. , N. 1) . Need gas line pressure test on all lines . 2) . Need garage steps . 3 ) . Need stud in garage under truss where plate is spliced. 4) . Need shut-off at fireplace. 5) . Need basement stairs . 6 ) . Need plumbing air test. 7 ) . Need freeze blocking in basement. 8 ) . Nail exterior corner studs 9) . Basement micro lam needs flashing on bottom and support studs . 10 ) . Need firestop extended into soffits . Address: 14843 57th St. , N. 1) . Studs required under trusses in garage where the top plate is spliced. 2) . Need garage steps . 3 ) . Need pressure test on all gas lines and shut-off at fireplace. 4 ) . Need permit for fireplace. 410 410 5 ) . Protect biltrite at entry prior to pouring steps. 6 ) . Flash bottom of micro lam and add trimmers on block wall . 7 ) . Per 7/2/95 notice, freeze block upstairs micro lam in rim and carry to foundation. Do not install plywood under porch until installed. 8 ) . Need basement handrail . Address : 14845 57th St. , N. 1) . Per 7/20/95 notice, add studs in garage under trusses where top plate is spliced. 2) . Firestop garage and house in soffit. 3 ) . Insulate bay windows . 4) . Solid blocking to foundation for micro lam and other headers . 5) . Add stud to SE outside corner. Three required per 7/20/95 notice. 6) . Basement micro lam needs trimmer per 7/20/95 notice. Address : 14853 57th St. , N. 1) . Nail off sheathing per code. 2) . Per 7/25/95 notice, freeze block all bearing headers more than four feet in width. 3 ) . Need proper bearing for stair micro lam - both ends . Address: 14855 57th St. , N. 1) . Add treated trimmers under micro lam in basement. May not bury untreated trimmers in concrete. 2 ) . Nail off sheathing per code. 3 inches on seams , 7 inches in field. 3 ) . Freeze block rim for 9 1/4 micro lam upstairs . 4) . At bay window, insulate between gable and header. Also insulate wall pockets. When you are ready for reinspection call Julie at 439-4439 to schedule. If any contractors have questions regarding these issues or others, they may contact me at 439-4439 . Sincerely 451;14::1 Jim Butler Building Official JB:i ad pc: Mike Robertson Kr&115°ICI Y'e-) S le* av 4 K N. LI - - 7 c9 I-3 Oee 10-1 - r 33/3 7ff- -56'4 \--Zi 011-5cli 6,1 A I 021 it/471/ Az/e /-ieec _71 V ccs. /2 s .6 rK Few 3, ' 'pec/ 6 iletekt. 4),-&-erzie„/- �'C` r Bc nesrroo,R Acne,Anderlik and Associates,Inc.is so Afrirr Action/Equal O BonestrooOpportunity Employer R Otto Kon e stroo,PE_ Howard A Sanford,PE. MIC •Lynch,PE. Brian K.Gage,PE. ■��(�ene Robert W I osene,PE.* Keith A.Gordon.,PE. J James R. ertztcMalan ,PE Keith R.Yapp,PE. �' Joseph C.Anderlik,PE. Robert R.Pfefferle,PE. Jerry D.Pertzsch,PE. Douglas J.Benoit,PE. Anderlik Marvin L Sorvala,PE Richard W Foster PE Scott J.Arganek,PE Shawn D.Gustafson,PE Richard F Turner,PE. David O.Loskota,PE. Kenneth P Anderson,PE. Cecilio Olivier,PE. Glenn R.Cook,PE. Robert C.Russek,A.I.A. Mark R.Rolls,PE. Paul G.Heuer,PE. 11 gssocia'tes Thomas E Noyes,PE. Jerry A Bourdon,PE Mark A.Seip,PE. John P Gorder,PE. ��rr..77 Robert G Schunicht,PE. Mark A.Hanson,PE. GaryW Morien,PE. Dan D.Boyum,PE. Susan M Eberlin,CPA. Michael T Rautmann,PE. Paul J.Gannon,AMA. Jeffrey J.Ehleringer,PE. Engineers &Architects r Senior Consultant Ted K.Field,PE. Daniel J.Edgerton,PE. Joseph R.Rhein,PE. Thomas R.Anderson,A.I.A. A.Rick Schmidt,PE. Lee M.Mann,PE. (�(� Donald C.Burgardt,PE. Philip J.Caswell,PE. Charles A.Erickson May 1 1, 1775 Thomas A.Syfko,PE. Mark D.Wallis,PE. Leo M.Pawelsky Frederic J.Stenborg,PE. Miles B.Jensen,PE. Harlan M.Olson Ismael Martinez,PE_ L.Phillip Gravel,PE. Agnes M.Ring Michael P Rau,PE. Karen L.Wiemeri,PE. James F Engelhardt Thomas W.Peterson,PE. Gary D.Kristofitz,PE. Mr. Mike Robertson If © l50\9 aCity of Oak Park Heights 1)i P.O. Box 2007 12 Oak Park Heights, MN 55082 Re: Valley View Estates - Phase 1 Our File No. 55118 Dear Mike: Please be advised that the utilities constructed to serve the first phase of the Valley View Estates development have been completed and tested and are acceptable for service. Any securities which the City has for the physical construction activity can be released. This release should also be contingent upon the developer reimbursing the City for all costs which the City has incurred for this project. If you have any questions on this matter,please do not hesitate to call. Yours very truly, BONESTROO,ROSENE, ANDERLIK&ASSOCIATES,INC. 0 Josep C. Anderlik JCA:pr cc: Mark Vierling Judy Hoist 2335 West Highway 36 • St. Paul, MN 55113 • 612-636-4600 • t..• • i' Bonestro• Rosen Owner: City of Oak Park Heights,P.O.Box 2007,Oak Park Hts,MN 55082 Date May 8, 1995 ■ 1 Ascia Associate,tderak• AsContractor: Tower Asphalt,Inc.,P.O.Box 15001,Lakeland,MN 55043 Ineers Bond Co. #JP7213 Cobb,Strecker,Dunphy&Zimmerman, 150 S.5th St.,#2000,Minneapolis,MN 55402 CHANGE ORDER NO. 1 VALLEY VIEW ESTATES-PHASE U File 55120 Description of Work During the course of construction,it was found that a portion of the existing 8-inch diameter DIP water main on Ozark Avenue is shallow,having only 5-6 feet of cover. It is proposed to insulate this segment of main to protect it from freezing. The purpose of this Change Order is to provide compensation to the Contractor,Tower Asphalt,Inc.,for all work associated with the furnishing and installation of the insulation as described below. The insulating material shall be Styrofoam HI-35 board as manufactured by the Dow Chemical Company,or equal. The insula- tion shall be placed 4 inches thick by 4 feet wide,centered over the pipe. The insulation shall be installed from the existing tee at the intersection of Ozark Avenue and 57th Street North to approximately 150 feet north. Installation shall be in accordance with Standard Detail Plate 2-8 as shown in the project specifications. The method of measurement for payment shall be the square foot of installation actually installed at the specified 4-inch thick- ness. Payment at the bid unit price stated in this Change Order shall be considered payment in full for all work associated with the construction,including excavation,furnishing and placement of the insulating board including sand cushion,and backfilling of the trench. Contract Unit Total No. Item Unit Quantity Price Amount Change Order No.1 1 Insulate existing 8"DIP water main,4"thick,complete in place SF 640 2.92 1,868.80 Total Change Order No.1-ADD $1,868.80 55120\changeor.wb2 1 � ` w • Original Contract Amount 259,194.42 Previous Change Orders 0.00 This Change Order No. 1 -ADD 1,868.80 Revised Contract Amount(including this change order) $261,063.22 Recommended for Approval by: BONESTROO,ROSENE,ANDERLIK&ASSOCIATES,INC. Approved by Contractor: Approved by Owner: TOWER ASPHALT,INC. CITY OF OAK PARK HEIGHTS Date: Gr/ Distribution 1 -Owner 1 -Contractor 1 -Engineer 1 -Bond Co. 55120\changeor.wb2 2 • • <?">/ LAKE ELMO BANK A TRADITION OF SERVICE IRREVOCABLE LETTER OF CREDIT NO. 221 TO: City of Oak Park Heights Dated: April 19, 1995 Washington County Minnesota Gentlemen: We hereby establish our Irrevocable Letter of Credit in your favor at the request of and for the account of St. Croix Land Company Inc. (hereinafter called: "Principal"), in the aggregate amount of One Hundred Eighty Thousand and No/100 U. S. Dollars ($180,000.00) available upon surrender of this Letter of Credit to us accompanied by your sight draft(s) drawn on us and the following documents: (1) A certificate signed by an officer of the City of Oak Park Heights stating that there has been a default in the Developer's Agreement with St. Croix Land Company Inc.,the certificate shall also state: a) the nature of the default; b) that St. Croix Land Company Inc. has received Notice of Default but has not cured the default; c) the amount to be paid to the City; and, d) the amount to be retained as security under the Letter of Credit. All drafts so drawn must be marked "Drawn Under Irrevocable Letter of Credit No. 221". The above mentioned Letter of Credit is non-transferable and non-assignable. We engage with you that all drafts drawn under and in compliance with the terms of this Irrevocable Letter of Credit will be duly honored if presented during regular business hours at our main office located at 11465 39th Street North, Lake Elmo, Minnesota 55042, before 3:00 P.M. on or before May 3, 1995. Communications relative to this Irrevocable Letter of Credit should be addressed to the address specified above to the attention of"Financial Officer", mentioning specifically our Irrevocable Letter of Credit No. 221. 11465 39TH STREET NORTH ■ LAKE ELMO,MN 55042-0457 612/777-8365■ Fax 612/773-4739 • Letter of Credit No. 221 April 19, 1995 Page two This letter of Credit shall be governed by and construed in accordance with the laws of the State of Minnesota, including the Uniform Commercial Code in effect in said state. Except as otherwise stated herein, this Irrevocable Letter of Credit is subject to the Uniform Customs and Practice for Documentary Credits (1993 revision), International Chamber of Commerce Publication No. 500. Yours truly, LAKE ELMO BANK By: 47; ' R. Scott John n Its: Assistant Vice President • • EXHIBIT "A" (1) A certificate signed by an officer of the City of Oak Park Heights stating that there has been a default in the Developer's Agreement with St. Croix Land Company Inc., the certificate shall also state: a) the nature of the default; b) that St. Croix Land Company Inc. has received Notice of Default but has not cured the default; c) the amount to be paid to the City; and, d) the amount to be retained as security under the Letter of Credit. s • 11 �N - Northwest Associated Consultants , Inc . AC URBAN P L A N N I N G • D E S I N • M A R K E T RESEARCH IEgM IjWIR '1. LI , 1 MEMORANDUM APR 2 11995 i f' ' ;„ 1 L_________________=_i TO: Mike Robertson FROM: Scott Richards FILE NO: 20 April 1995 RE: Oak Park Heights -Krongard - Valley View Estates, Phase II FILE NO: 798.02 - 94.05 Jack Krongard has provided staff additional plans in order to satisfy the requirements and conditions necessary for approval and finalization of the development contract for the Valley View Estates, Phase II. The conditions as listed in my 16 March 1995 memo to Mike Robertson reflect those issues first highlighted in the 9 September 1994 Planning Report. The resolution of the conditions is as follows: 1. The conditions listed in the 9 September 1994 Planning Report (or as amended below) will be included in the development contract. 2. Mr. Krongard paid the Phase II park dedication fee of$18,140. He will be required to pay the Phase I fee of$12,580 at the time of execution of the development contract. 3. A 20 foot easement through Lot 32 to provide pedestrian/bike access from Ozark Avenue to Valley View Park will be required on the final plat and in the development contract. Additionally an easement area of 20 feet will be required for that area controlled by Mr. Krongard along Osgood Avenue. Mr. Krongard has agreed to dedication of these easements. 4. Jim Butler, the City Building Official has confirmed that the building plans indicate at least a 20 foot garage length for the proposed townhouse units. 5. The landscape plans indicate a slightly different parking/open space layout for the central townhouse units than what was originally proposed. The landscape/site plans still do not reflect 24 foot access road widths within the complex as required by the Zoning Ordinance and deemed necessary by engineering and planning staff. Mr. Krongard has agreed to provide a revised plan that reflects a corrected layout. Submittal of the revised plans and 5775 Wayzata Blvd. • Suite 555 • St. Louis Park, MN 55416 • (612) 595-9636•Fax. 595-9837 approval by engineering and planning staff will be included as a condition to the development contract. No building permits will be issued for these units until the issue has been resolved to the satisfaction of the City. 6. The provision of street lights by NSP has been resolved and will be included in the development contract. 7. Detailed landscape plans have been provided for the overall site, including unit plans for the twinhomes, and 6 and 8 unit townhomes(see attachments). Overall, the landscape plans are acceptable except for the following comments: a. The plan indicates that the boulevard trees are the responsibility of the City. The City requires the developer to provide at least one boulevard tree per dwelling unit. Overall the site will contain 84 dwelling units. The City Forester will work with Mr. Krongard in selecting varieties and correct placement of the boulevard trees. b. The landscape plans indicate placement of Linden, Ash and Spruce trees within the NSP easement area. The plan will need to be revised to reflect varieties that will not interfere with the power lines. c. The plan does not indicate species sizing for all landscape materials proposed for the site. The plan should be revised to reflect materials that are at least a minimum size to meet Zoning Ordinance requirements. 8. Mr. Krongard has not proposed any development signage for the project. The development contract will include a provision that requires City approval if any signage is proposed at a later date. 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Lit_ ..j T . , :,,,, • jfii .. . .. . . . . _ -. .%Fro, Fri � �. , . -5 • , ' ( ./ / _ , ________ I-I__ . 23.', i l • I . . . • .1.4 ittiot . . AL___.- . . -. ,-. -.....4 to . . , _ .. . ... ... .L.4. ..,:. . .or.,,,--1, . , ,..... ... , [-- . . titilk4ii_____....._ ___.4.... , . E .. . ._ . . I .1:: ...71,.;:-..' .._.., I *411 Mkt i i AFP, . ., - '. 4l v • 6 z h Y • I x UQ g • . i s I ;! i l • � ' i i l d '- . 41 1., at 1 f.,.. -i'l - -z.,217 40,:7),(Dtc.e,p- ,2i%; - ''' d I I Y ! c I , ! I r' _ 7 1 •�• ,:.4 W SIT: I N ;�„Q Tit .. ' - '. _ _ – ick ! ;� ! j t _, tl , • ;.:!.• Art. ,.. L l,� e2gmag..:T.- - -- �' — I � 1;11 I 1 10 li41 li 1 141 i C.✓ ( ; I .l l . , IIS I '3j , ,-�� t . 'IN I. I ,fI 11 Ca ,.§ r'''' . ' ' \ illirht*,11.01 ! .1 41113 t, ' . :0* , Irli t 4 `i , dIii• 1 �I Yi ';61ut rill '-', i a 4 d� l II 0 a rT I '`! 'I i= I • f • ti • • Bonestroo,Rosene,Anderfik and Associates,Inc.is arative Action/Equal Opportunity Employer BonestrooOtto G.Bonestroo,PE. Howard A.Sanford,PE. Michael C.Lynch,PE. Brian K.Gage,PE. Robert W Rosene,PE.* Keith A.Gordon_PE. James R.Maland,PE. Keith R.Yapp,PE. Rosene 11. Marvin C.Anderlik,PE. Robert R.Pfefferle,PE. Jerry D.Pertzsch,PE. Douglas J.Benoit,PE. Marvin L.Sorvala,PE. Richard W.Foster,PE. Scott J.Arganek,PE. Shawn D.Gustafson.PE. Anderlik & Richard E Turner,PE. David O.Loskota,PE. Kenneth P Anderson,PE. Cecilio Olivier,PE. Glenn R.Cook,PE. Robert C.Russek.A.I.A. Mark R.Rolls,PE, Paul G.Heuer,PE. Thomas E.Noyes,PE. Jerry A.Bourdon,PE. Associates Robert G.Schunicht,PE Mark A.Hanson,RE. Gary W.Morien,P.E. Dann D.Boyum,PE. Susan M.Eberlin,C.PA. Michael T.Rautmann.PE. Paul J.Gannon,A.I.A. Jeffrey J.Ehleringer,P.E. Engineers &Architects "Senior Consultant Ted K.Field,P,E. Daniel J.Edgerton,PE. Joseph R.Rhein,PE. Thomas R.Anderson,A.I.A. A.Rick Schmidt,P,E. Lee M.Mann,P,E. Donald C.Burgardt,PE. Philip J.Caswell,PE. Charles A.Erickson Thomas A.Syfko,PE. Mark D.Wallis,P,E. Leo M.Pawelsky Frederic J.Stenborg,PE. Miles B.Jensen,PE. Harlan M.Olson Ismael Martinez,PE. L.Phillip Gravel,PE. Agnes M.Ring April 27, 1995 Michael P Rau.PE. Karen L.Wiemeri,P,E. James F.Engelhardt Thomas W Peterson,PE. Gary D.Kristofitz.P,E. Gary Kriesel Northern States Power Company - Gas Utility 1700 East County Road E. APR 2 8 1995 Di White Bear Lake, MN 55110-4658 Re: Gas Utility Permit Application OPRN VAL CAV Valley View Estates City of Oak Park Heights Our File No. 55120 Dear Mr. Kriesel: We have reviewed your utility permit application number OPRN-VAL-CAV for the purpose of installing gas utility in the eastern portion of the Valley View Estates development in the City of Oak Park Heights. This application has been approved, subject to the following conditions: 1. Location of the gas main shall be changed to 15 feet behind the curb across lots 26 and 27, to avoid conflict with proposed storm sewer. (See notes on sketch.) Enclosed please find the signed original permit application form. A copy has been forwarded to the City for their records. If you have any questions regarding this matter, please contact me. Yours truly, BONESTROO, ROSENE, ANDERLIK & ASSOCIATES, INC. Joseph R. Rhein, P.E. cc: 2335 West Highway 36 • St. Paul, MN 55113 ■ 612-636-4600 • f^r • i RSP Northern States Power Company White Bear Lake Area 1700 East County Road E White Bear Lake, Minnesota 55110-4658 Date it/3AS-- Project No:C>ad mi-- CA ✓ Gas ' Project No: Elec Design: G Kriesel 779-3169 JOINT TRENCH FOR GAS/ELEC ' APPLICATION OF NORTHERN STATES POWER COMPANY LE I@ [E Ow iE To: City Clerk ' D City of Oak Park Heights APR " 5 1995 p POBox2007 Oak Park Heights MN 55082-2007 -,- Application is hereby made for permission to replace, construct and therefore maintain: gas and electric joint distribution system (see attached sketches) I. Type of Utility - General Description Install a/6 ' 2" PEY 60 PSI gas main and 1/0 primary cable, secondaries, transformers and pedestals. II. Work to be started upon approval and completed by I?- -3/ --`IS— . NORTHERN STATES POWER COMPANY i Application approved: By �A �<� G L Kriesel enA.rs view 4 Assoc. , Senior Area Specialist Fe& Cl? d-P e34,<. 44. /444.1 r5 White Bear Lake Area Date: /1 z? i?9> I i uo ,I I o ►w- I-� zw p o a = w i J`� # ar � ro 8 0 N w14Vjo 84t & � N �,I # 11ww)- o z a N � zFW� > zJ. • J ci 1 5 o 1 6 •9 Q► w 1- O z & . N ai N -3 A te% I ui E >- F- • .x Y v) cr :\;I; ; Q s o w � I O Y l 0 4 N 8 a J k. t; C7 `n / t la I N J •41• i`: v k z w �n/� •c- VZ W qIv c a ° �� _ v► k 'a kW �— r 3 ta M t� 03 Q TPi' ,‘ ,--.r 71_______J F N-- N ql 1>i<ir / Iiiiik ...I s„ 11......"."1"....77e/a;a' J' nJ 1 0 kfl� - 4. • . ..N.1„...i l_i's -* I I ( I J • 1 a- r N ON0 . �" N r -?"' i 'N..,•-•\,,i, ,, 1 t A it 173-3 Lu V -3 -,-I -.. 03 71 .71 r, _ \:, ,.. J ° A d v' V— cCi A 0 --, c t g‘k, ,,, v) vi a >i. k. . k.i.1 X v0 V , c-4 1 ---1 4 I ---"2 0 3 0 ,.. t . i . 14) -411, _. co , w > d d z u. ‘, ..,&, I-4 ) ev\, , ,.. .z- .., N. A Nz ‘-v * ' '^ '0'13i.. aaisiiiiigr 44, W q n uMQ ‘ t=k ...I k ,-; u4 4:1% fOrtillir ..,..,A, .9/1v rvtvc° z • r-- \n \, 3, le tyweriS O 1 Bonestr on,Rosene,Anderlik and Associates,Inc is art Af ve Action/Equal Opportunity Employer 0 idi Bonestroo Howard A.Sanford,PE. Michael C.Lynch,PE. Brian K.Gage,P.E. Otto G.Bonestroo.PE. James R.Maland. E. Keith R.Yapp,PE. Robert W.Rosene,PE.' Keith A.Gordon.,PE. � Rosene Joseph C.Anderlik,PE. Robert R.Pfefferle.PE Jerry D.Pertzsch,PE. Douglas J.Benoit.PE. Richard W.Foster,PE. Scott J.Arganek,PE. Shawn D.Gustafson,PE. ■ Marvin L.Sorvala,PF_. Kenneth P Anderson,PE Cecilio Olivier,RE. ^J Richard E.Turner.PE. David O.Loskota,PE. Paul io Heuer,r PE. Anderlik Robert C.Russek,ALA. Mark R.Rolls,PE. Glenn R.Cook,P.E. Mark A.Seip,PE John P.Gorder,PE. Thomas E.Noyes,PE. Jerry A.Bourdon,P.E. GaryW.Morien.PE. Dan D.Boyum,PE. Associates Robert G Schunicht,Ct,AE Mark Ael Hanson,anPaul J.Gannon, Susan M.Eberlin,CPA. Michael T.Rautmann,P.E. Daniel J.Edgertonl.PE. Jeffrey J. R.Rhein.lP.Er PE. Senior Consultant Ted K.Field,P.E. Engineers &Architects Thomas R.Anderson,A.I.A. A.Rick Schmidt,PE. Lee M.Mann,PE. Donald C.Burgardt.PE. Philip J.Caswell,PE. LeoCM.es P A. Ericksonicky Thomas A.Syfko,P.E. Mark D.Wallis,P.E. Harlan M.Olson Frederic J.Stenborg,P.E. Miles B.Jensen,PE. M.Ring Ismael Martinez,PE. L.Phillip Gravel,PE. Agnes Michael P.Rau,PE. Karen L.Wiemeri,PE. James F.Engelhardt Thomas W.Peterson,P.E. Gary D.Kristofitz,PE. April 27, 1995 Gary Kriesel Northern States Power Company - Gas Utility 1700 East County Road'E. White Bear Lake, MN 55110-4658 Re: Gas Utility Permit Application OPRN VAL DAZ Valley View Estates City of Oak Park Heights Our File No. 55120 Dear Mr. Kriesel: f We have reviewed your utility permit applications number Oe E-t tes deAvelop r ethnet pn these y installing gas utility in the western portion of Y of Oak Park Heights. This application has been approved, subject to the following conditions: 1. Location of the gas main shall be changed to 18 feet behind the cu (See along tlots es on sketch.) and 3 on 56th Street North, to avoid conflict with existing storm sewer. Enclosed please find the signed original permit application form. A copy has been forwarded to the City for their records. If you have any questions regarding this matter, please contact me. Yours truly, BONESTROO, ROSENE, ANDERLIK & ASSOCIATES, INC. Joseph R. Rhein, P.E. cc: IfilIMAINMINFIMMOIPSOMOWs 2335 West Highway 36 • St. Paul, MN 55113 • 612-636-4600 0 OW • Northern States Power Company MP White Bear Lake Area 1700 East County Road E White Bear Lake, Minnesota 55110-4658 Date `l-3—`� Project No: �E.1 V' - DAZ-Gas Project No: Elec Design: G Kriesel 779-3169 JOINT TRENCH FOR GAS/ELEC , APPLICATION OF NORTHERN STATES POWER COMPANY To: City Clerk City of Oak Park Heights P 0 Box 2007 Oak Park Heights MN 55082-2007 Application is hereby made for permission to replace, construct and therefore maintain: gas and electric joint distribution system (see attached sketches) I. Type of Utility - General Description / Install 52-6 ' 2" PEY 60 PSI gas main and 1/0 primary cable, secondaries, transformers and pedestals. II. Work to be started upon approval and completed by NORTHERN STATES POWER COMPANY Application approved: /(1-4- - .0.— ,,,...-- . G L Kriesel By Senior Area Specialist F- C, p m 04- ,ite eh6N>3 White Bear Lake Area Date: r'&' Z7 \JALLE` 11.3 i=.STAT t3 • 1M5P F , • r _.... r - T61.E C.Aat..1' lA 0 berL AIL. JZoiOul AV S d. b 210a4J A`1S 7 Te-/,J 7_ si,../b PROJECT 2"�_ySriuA3 SV Bur AiSic�! (?¢191 3 OPFJVALVAz S Etr D,Erw,I. L3 ae L.Q ASSOC. PROD. D�RD aab ar Pei EL. PROD. i ���� �� ,.� CITY I QAC �J+iQ� pm I .L.,.____L,...-196"i,41..t.**1 , �+ SKETCH I OF i3 MAP ' SNA G�11� ,ti P- 13 av ' GAs To 18� � ANpg ,o ,vT �cB"r ,g-� /4.+ io, e-Ass,H� s COCo EMS mAteXe/C' . --.- / tN 51 tO Pi �cJ� . S E DEAD END Y✓N— lam .,.....-•";"-A• :� ai z.�y 461.1 PERMITS REOD. �„ .@.Y �'o°� qN Lim _�-- �r M a id 4`� MIMI 1�' o ) 2 4/ COUNTY ib I i E4sc-r�// L : ' I N� LOCATIONS RUM I. q Lu L„f3 TEL. CO. mi. 4 67'/�— 1N$TRt.L 8 2.a' p 2'' -�' dd 20 28 B .E ALSfisJG raPp y s rua 121 -34,i ,, ` R Z/is'ES t2 APPROVED . . O l'1 430 3921 P. e1 43 ` — 1, - ■NGAR „ APR-21—95 kFI .0 '50 vwr. A , te at Minnes, ...,... , , Stea wte -7 ., ..,, 4, SECRETARY OFiiii., „ j likr JO,. CF,RTIFYCATF. Of INCORPORATION r. (. Sour(:t:aary O Iltu1s;rac)tt rrc)W c lc..t of jnc;ary)c)r;at;is>tt, ; I ,, .7cratt haat:: hrl:'L : (. boon f'(rs +t t)tt d c) rrfrl:i�Y t' , s w(1 uttcic:r c)iatat, hiav c. tt � ) late: ' Nittttr.:;iUl:ia, , c)l Sl,aal;c. + . clot :s ichtls:(1 and .ac;kttc)wls.ca.� , Socrot:iary and itt tattcl(.x' 'f' (, OCC1c0 Or tars. ,al:Lc)rt, c t::a Y )c)r. I:hi;s daala; itt I:h ttie;c)rlx)rcat:icrit s)� l:iu; t'c)llc)Witts (,ur1 r aa(�(iO1Cl�iatl(�(: W it:lt tts: Prov i:a ono oC tat(: c,haaptor c)f Mitttu,o ) l i:3 bc:lOW• St:sal:cat:r.:; l;(.c • :! now l rsjial lY organNed is:cl uttcac:r titre. ; Th L:3 (:()x' )f�x inti L()tt t - L laws oC M itritc:oohaa. I, t• N)c)rialir, Num';: ST . CROIX S.AND CO. it Corpora �`�- Corpc)raa:s: C,haartor Numbrr f,R •7.l l Chaal)l:rr Formed Uttc1nr: 307h t4 _ i:t:sur<1 on gh/04 99 This c;c:rb iE'tc:aat:c; hia:>7 boon 11 4); 4 t I ? , i .rye, .{ tc 411. < r „ a)LIY .4AN...,> ;'-'1 ja ') .." / . Secretary of State. „ . 4,4401t/j1/24,44Le, . � w �vs •,,, •Js�a t � hd *Pik°'.N {ifi'`� hd'�:. �t. n .;. ,J,,:,,.��.,,,�.,� r-;;„ rte' �. Ott 4r .l l•�,l'�1 III III LAW OFFICES OF ECKBERG, LAMMERS, BRIGGS, WOLFF & VIERLING, P.L.L.P. 1835 NORTHWESTERN AVENUE STILLWATER, MINNESOTA 55082 8 FAX(612)49-287 23 LYLE J. ECKBERG (612) 439-287 JAMES F. LAMMERS ROBERT G. BRIGGS PAUL A.WOLFF MARK J.VIERLING GREGORY G. GALLER KEVIN K.SHOEBERG THOMAS J.WEIDNER SUSAN D. OLSON April 21, 1995 . MR MICHAEL J ROBERTSON CITY ADMINISTRATOR CITY OF OAK PARK HEIGHTS P 0 BOX 2007 14168 57TH STREET NORTH OAK PARK HEIGHTS MN 55082 RE: Contract Agreements Regarding Valley View Estates - Phase II Utility and Street Improvements Dear Mr. Robertson: i have reviewed the drafts of the Contract Agreements that h tiare ofenclosed with correspondence, derlik & Associateseen pand find ared by t e same to be in Bonestroo, Rose we have reviewed the insurance order. Additionally, provided therein and also certificates and the performance �rd nance. We are returning the nds certify their compliance with City originals of these documents to your offices at this time for approval and execution by yourself and the Ma • Yours ver Ma k J. Vierling , MJV/smp Enclosure 111.11111111111111..1.11.111. FAS Milta. MINNEST,NER OTA ASPHALT, INcf ryL 44Y `.�P} � uuq S � E ' o- P. O. Box 15001 Q !, t.`' . � LAKELAND, 4.'"Itztzcac's MN 55043 OFFICE: (612)436-8444 0 . FAX: (612)436-6515 C NRA ...::::::::::::::::::::::::::::::::::::::::::::::::::::::::: NATIONAL ASONALT MYLMLNT ASSOCIATION April 20, 1995 Mr. Mark Vierling, Attorney at Law Eckberg, Lammers, Briggs, Wolff & Vierling 1835 Northwestern Avenue Stillwater, Minnesota 55082 RE: Valley View Estates-Phase II City of Oak Park Heights Dear Mr. Vierling: Enclosed for the above referenced project and your review are the following signed documents: 4-Contract Agreements 4-Payment and Performance Bonds 4-Certificate of Insurance-attached to back cover If you need any additional information, please feel free to contact me at your convenience. Sincerely, tY4 (;.---47-' (77 Gary . Balk, Secretary Tower Asphalt , Inc . Enclosures EQUAL OPPORTUNITY EMPLOYER 612 595 9837 P.02/03 APR-20-1995 11:01 NAC Co �ultants , Inc . Associated lry Northwes URBAN P L A N N I N G • DES G N . M A R K E T RESEARCH MEMORANDUM TO: Mike Robertson FROM: Scott Richards FILE NO: 20 April 1995 RE: Oak Park Heights -Krongard- Valley View Estates, Phase II FILE NO: 798.02 - 94.05 fans in order to satisfy the requirements and Jack Krongard has provided staff additionalnp f the development contract for the Valley View conditions necessary for approval and finalization Estates, Phase II. The conditions as listed in my 16 March 1995 memo to Mme ike Robertresolutson on ofreflect the those issues first highlighted in the 9 September 1994 Planning Repo rt.conditions is as follows: 1. The conditions listed in the 9 September 1994 Planning Report (or as amended below) will be included in the development contract. 2. Mr. Krongard paid the Phase II park dedication fee of$18,1 0. He we melt coill be ntrato pay the Phase I fee of$12,580 at the time of execution of P 3. A 20 foot easement through Lot 32 to provide pedestrian/bike access from Ozark Avenue to Valley View Park will be required on the final patanf �the � development ritrolled by Mr. Additionally an easement area of 20 feet will be requiredto dedication of these Krongard along Osgood Avenue. Mr. Krongard has agreed easements. as confirmed that the building plans indicate at least 4. Jim Butler, the City Building Official h a 20 foot garage length for the proposed townhouse units. lans indicate a slightly different parking/open space layout for the central g• The scape p The landscape/site Plans still do not townhouse units than what was originally proposed. as required by the Zoning Ordinance reflect 24 foot access road widths within the complexstaff. Mr. Krongard has agreed to and deemed necessary by engineering and planning Provide a revised plan that reflects a corrected layout. Submittal of the revised plans and 5775 Wayzata Blvd.• Suite 555 • St. Louis Park, MN 55416 • (612) 595-9636-Fax. 595-9837 612 595 9837 P.03�03 APR-28-1995 11:01 NAC • • approval byengineering and planning staff will be included as a condition to the d permits will be issued for these units until the issue development contract. No building has been resolved to the satisfaction of the City. 6. The provision of street lights by NSP has been resolved and will be included in the development contract. provided for the overall site, including unit plans for 7. Detailed landscape plans have been d 6 and 8 unit townhomes (see attachments). Overall, the landscape the twinhomes, an plans are acceptable except for the following comments: The that the boulevard trees are the responsibility of the City. The a' plan indicates City requires the developer to provide at least one boulevard tree per dwelling unit. ork Overall the site will contain 84 dwelling units. The CityForester ward trees. Mr. Krongard in selecting varieties and correct placement b. The landscape plans indicate placement of Linden, Ash and Spruce trees within the NSP easement area. The plan will need to be revised to reflect varieties that will not interfere with the power lines. c for all landscape materials proposed for The plan does not indicate species sizin g that are at least a minimum the site. The plan should be revised to reflect materials size to meet Zoning Ordinance requirements. 8. Mr. Krongard has not proposed any development signage for the project. The if any signage development contract will include a provision that requires City approval is propoSed at a later date. With conditions listed above, I would recommend that the Council could proceed with approval of the development contract pending comments from other City staff. pc: Mayor and City Council Mark Vierling Joe Anderlik Jack Krongard 2 TOTAL P.03 1ative Action/Equal Opportunity Employer Bonestroo,Rosene,Anderlik and Associates,Inc.is an AA i •ael C.Lynch,PE Brian K.Gage,PE. Bonestroo • Otto G.Bonestroo,PE. Howard A.Sanford,RE. Keith A.Gordon.,PE. James R.Maland,PE. Keith R.Yapp,P.E. Robert W Rosene,PE.* Douglas J.Benoit,PE. Rosene Robert R.Pfefferle,PE. Jerry D.Pertzsch,PE 9 Joseph Anderlik,PE. Scott J.Ar anek,PE. Shawn D.Gustafson,P.E. ■ Marvin L.Sorvala,PE. Richard W Foster,PE Kenneth P Anderson,PE. Cecilio Olivier,P.E. 111 Loskota,PE. Anderlik & Richard E.Glenn R.Cook PEE Robert. David o Ru ek,A A Mark R Rolfs,PE. Paul G.Heuer,PE. Thomas E.Noyes,P.E. Jerry A.Bourdon,P.E. Mark A.Seip,PE. John P Gorder,PE. H Gary W.Morien, Associates Suoyum,RE. SusantG.M be n,CPA. Michael T.aRau mann,P.E. Paul Gannon,AlA JJeffreyBJ.Rh eringer,P.E. Engineers &Architects *Senior Consultant Ted K.Field,PE Daniel J.Edgerton,P.E. Joseph R.Rhein,P.E. Thomas R.Anderson,ALA. A.Rick Schmidt,RE. Lee M.Mann,PE. Donald C.Burgardt,P.E. Philip J.Caswell,P.E. Charles A.Erickson April 17, 1995 Thomas A.Syfko,P.E. Mark D.Wallis,PE. Leo M.Pawelsky Harlan M.Olson Frederic J.Stenborg,PE. Miles B.Jensen,P.E. Agnes M.Ring Ismael Martinez,P.E. L.Phillip Gravel,PE. 9 Michael P Rau,PE. Karen L.Wiemeri,P.E. James F.Engelhardt 7f,d„ Mark Vierling Thomas W.Peterson,P.E. Gary D.Kristofitz,P.E. lElcckblYelrg,Lammers,Briggs,Wolff&Vierling n 2 1835 Northwestern Ave. F. E V 1� Stillwater,MN 55082 C��►. �'� � I 8 1995 Re: Valley View Estates,Phase 2 S4i Our File No. 55120 Dear Mark: The following information should be used in preparing the Developer's Agreement for the subject subdivision: P A N e IMPROVEMENTS $ 5,700.00 1. Boulevard Sod , 0.00 2. Boulevard Trees&Landscaping 5 60 00.0 3. Street Signs 2,850.00 4. Street Lights 3,600.00 , 5. Erosion Control 100,00 6. Pond Protection &Restoration 1,000.00 7. Utility Protection&Repair X90.00 8. Street Protection&Repair $35,100.00 • Estimated Construction Cost 20%Engr.,Legal&Admin. $42,100.00 Total Plan A Improvements 10 5004 25% Security Requirement. $52,600.00 O TOTAL PLAN A ESCROW yr A N B IMPROVEMENTS $23,950.00 1. Sanitary Sewer 21,010.00 2. Water Main 26,730.00 3. House Services 61,850.00 4. Storm Sewer ,290.00 5. Base Preparation 59 590.0 6. Curb and Gutter 18,29 860.00 7. Street Surfacing Estimated Construction Cost 5$259,190.009, 0.0 20%Engr.,Legal&Admin. $310,000.00 Total Plan B Improvements 7� 25% Security Requirement $387,500.00 TOTAL PLAN B ESCROW 2335 West Highway 36 • St. Paul, MN 55113 • 612-636-4600 A • 0 Mr. Mark Vierling April 17, 1995 Eckberg, Lammers, Briggs, Wolff& Vierling Re: Valley View Estates, Phase 2 - Oak Park Heights, MN Page -2- CONNECTION CHARGES Townhouses $1,485.44/unit Twinhomes $2,151.35/unit Single Family $2,785.73/lot If you have any questions on the information contained in this letter,please do not hesitate to call. Very truly yours, BONESTROO,ROSENE, ANDERLIK&ASSOCIATES,INC. r2,,,a. adial oseph C. Anderlik JCA:pr cc: Mike Robertson-City of Oak Park Heights ENCLOSUR 411 LAW OFFICES OF ECKBERG, LAMMERS, BRIGGS, WOLFF & VIERLING, P.L.L.P. 1835 NORTHWESTERN AVENUE STILLWATER, MINNESOTA 55082 JJ. ECKBERG 9-287 (612) 438 FAX(612) 9-287 439-2923 JA E MES F. LAMMERS ROBERT G. BRIGGS PAUL A.WOLFF MARK J.VIERLING GREGORY G.GALLER KEVIN K. SHOEBERG THOMAS J.WEIDNER April 18, 1995 SUSAN D. OLSON MR MICHAEL J ROBERTSON CITY ADMINISTRATOR CITY OF OAK PARK HEIGHTS P 0 BOX 2007 14168 57TH STREET NORTH OAK PARK HEIGHTS MN 55082 RE: Valley View Estates II - Development Agreement Dear Mr. Robertson: Enclosed herewith please find a Development Agreement which, to be in final form at this I believe, for all practical purposes time as it affects the Valley View Estates II Development . ultants I understand Mr. Richards Northwest materialsAssooTciMredKrongard and is still awaiting some r' .r to plementation and I would ask that that be complied with pout I a_ ume that the same approval of the Development Agreement, City ume for approval could be placed on the agenda for t on Ap it 24, 1995 . purposes at their Monday night meet ' g Your- very ruly, Mark J. Vierling MJV/smp Enclosure cc: Mr. Joe Anderlik Mr. Scott Richards Mr. Jack Krongard Bonestroo,Rosene,Anderlik and Associates,Inc.is an tive Action/Equal Opportunity Employer Bonestroo Otto G.Bonestroo,P.E. Howard A.Sanford,P.E. el P.Rau,P.E. Mark D.Wallis.P.E. Robert W.Rosene,RE." Keith A.Gordon,P.E. Agnes M.Ring,A.I.C.P. Miles B.Jensen,P.E. Rosene Joseph C.Anderlik,P.E. Robert R.Pfefferle,P.E. Thomas W.Peterson,P.E. L.Philip Gravel P.E. NI Anderlik & Marvin L Sorvala,PE Richard W.Foster,P.E. Michael C Lynch.PE Karen L Wiemeri,PE. Ill Richard E.Turner,P.E. David O.Loskota,P.E. James R.Maland,P.E. Gary D.Kristofitz.P.E. Glenn R.Cook,PE. Robert C.Russek,A.I.A. Jerry D.Pertzsch,PE. Keith R.Yapp,RE. Associates Thomas E Noyes,P.E. Jerry A.Bourdon,PE Scott J.Arganek,PE Douglas J.Benoit.P.E. Kenneth P.Anderson,P.E. Robert G.Schunicht,PE. Mark A.Hanson,P.E. Shawn cwnn Divi us RE. P.E. Susan M.Eberlin.C.P.A. Michael T.Rautmann,P.E. Mark R.Rolfs,P.E. Paul G.HeuerP.E. Thomas Engineers & Architects `Senior Consultant Field,R.Anderson,A.I.A. Gary W.Morien,P.E. John P.Gorder.P.E. Donald C.Burgardt P.E. Paul J.Gannon,A.I.A. Charles A.Erickson Thomas A.Syfko,P.E. Daniel J.Edgerton.P.E. Leo M.Harlan M.M.Pawelsky Frederic J.Stenborg,P.E. A.Rick Schmidt,P.E. Olson Ismael Martinez.P.E. Philip J.Caswell,RE. James F.Engelhardt PRECONSTRUCTION MEETING NOTICE r PRECONSTRUCTION MEETING VALLEY VIEW ESTATES, PHASE TWO UTILITY AND STREET IMPROVEMENTS Our File No. 55120 . r © E OWE -.. Friday, April 14, 1995APR 1995 1:30 P.M. City Hall - Oak Park Heights Prepared by Joseph Rhein April 11, 1995 636-4600 Mr. Roger Benson Mr. James Swanson City of Oak Park Heights Northern States Power Company P.O. Box 2007 1700 E. County.Road E Oak Park Heights, MN 55082 White Bear Lake, MN 55110 9bertsom Mr. Dave Stillman �" °Oak Park Northern States Power Company City of Heights P.O. Box 2007 825 Rice Street Oak Park Heights, MN 55082 St. Paul, MN 55117 Mr. Bob Bleymeyer Mr. Jack Krongard U.S. West, Inc. Krongard Construction Company 500 N. Carlton Street 14791 - 60th Street N. Maplewood, MN 55119 Stillwater, MN 55082 Mr. Mike Leuer Mr. Gary Kriesel Tower Asphalt, Inc. Northern States Power Company P.O. Box 15001 1700 E. County Road E Lakeland, MN 55043 White Bear Lake, MN 55110 Mr. Randy Volk Mr. Joseph Anderlik, BRA Volk Sewer & Water, Inca Mr. David Hanson, BRA 8909 Bass Creek Court Brooklyn Park, MN 55428 Mr. Joseph Rhein, BRA 2335 West Highway 36 • St. Paul, MN 55113 • 612-636-4600 Bonestroo,Rosene,Anderlik and Associates,Inc.is alpative Action/Equal Opportunity Employer Bonestroo • Michael P.Rau,P.E. Mark D.Wallis,P.E. Otto G.Bonestroo,P.E. Howard A.Sanford,P.E. Agnes M. A.I.C.P. B.Jensen,P.E. Robert W.Rosen,PE" Keith A.Gordon,P.E. neas Ring Peterson,P.E. MilesL.PhillipBJensen, P.E. Rosen Joseph C.Anderlik,P.E. Robert R.Pfefferle,P.E. Michael C.Lynch,P.E. Karen L.Wiemeri,P.E. . Marvin L.Sumer,,P.E. Richard W.Foster,P.E. y GaryD. P.E. Anderlik & Richard E Turner,PE David O.W. Foster,P.E. James R.Maland,PE Robert C.Russek,A.I.A. Jerry D.Pertzsch,P.E. Keith R.Yapp,P.E. Glenn R,Cook,P.E. Scott J.Ar anek.P.E. Douglas J.Benoit P.E. Associates ThomasertE Noyes,P.E ary A.Bourdon,PE 9 Robert G.SNoyes,ht,P.E. Mark A.Hanson,P.E. Kenneth P.Anderson,P.E. CeciliaOlivier,J.Benoit, P P.E. Susan M.Eberlin,C.PA. Michael T.Rautmann.P.E. Mark R.Rolfs,P.E. Paulo Heuer,P.E. Ted K.Field.P.E. Mark A.Seip,P.E. Engineers & Architects *Senior Consultant Thomas R.Anderson,A.I.A. Gary W.Morien,P.E. John P.Gordec P.E. DonalPaul J. a C.Byfko.F P.E. Daniel J.Edgerton.E. Leorles A.M.Pawelsky Erickson Thomas A.Syfko.P.E. � Frederic J.Stenborg,PE. A.Rick Schmidt, PE. Jamesn P M. Olson Ismael Martinez,P.E. Philip hardt April 10, 1995 City of Oak Park Heights Box 2007 14168 57th St N. Stillwater,MN 55082 Re: Valley View Estates-Phase II File 55120 Honorable Mayor and City Council: Bids were opened for the Valley View Estates - Phase II Project on Friday, April 7, 1995. Transmitted herewith are six (6) copies of the bid tabulation for your information and file. The following summarizes the results of the low five bids received: . ,19442 Low Tower Asphalt, Inc. $2$25959,194.42 #2 Hydrocon, Inc. .85 50 $264,451451 - #3 Schield Construction $264, #4 Burschville Construction $275,168.902519.8 05 #5 Valley Paving, Inc. The low bidder on the project was Tower Asphalt, Inc. with a Base Bid of$259,194.42. These bids have been reviewed and found to be in order. . - - 1 • •'- • • - •ice I Should you have any questions, please feel free to contact me at 636-4600. Yours very truly, BONESTROO, ROSENE, ANDERLIK & ASSOCIATES, INC. GIAJdje Josepli C. 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Lrl P. 0 p Z 00 OM r" .coN kr) vt NN PC MI > S e 7eil :�o GvA A 1:Q � N OO v N N V b G• A > 00 N W y ON ON d' .F '5'41 d .00 > ....4 w b n ;,C � 4 g ' o ; � A — xi 10 ai d oN 4, Y dcti U. �� M_ M g O •v i W Z b M N CCI MQ, .., O 1:::1; N N .-. .•, b c QV r W � � PA in N p Q kOn 0,.,W O O pa A M M Z `� 8 . In c . N N ti 4 O n ivner Q cl ai 0 rl : Q "' M M o p1 o g en Po PI 3 p i . o 0 4... N Z .�13 ar szt itt ra /24 I ig . . ii o V A as ea cia W t is 1 re to ainin f4VU Fri U CQF Hf=+ W*IHINGTON COUNT, Donald C.WblP.E. Director Public �WorkWork s,Count„Engineer �ON oo PUBLIC WORKS DEPARTMENT John P.Perkovich, Deputy Directs $ .• Operations Division ' ',, PARKS•HIGHWAYS•FACILITIES /3 '+� ':•`'.i. 11660 MYERON ROAD NORTH•STILLWATER,MINNESOTA 55082-9573 Donald�Jce Theisen, ��Director = 612-430-4300 Facsimile Machine 612-430-4350 James D.Hanson,P.E. is Transportation Engineer 1.6000 � Edward Kepler, Facilities Operations Manager AprilV 2, 1995 APR - 4 1995 Mr. Joseph Rhein BRA, Inc. 2335 W. Hwy. 36 St. Paul, MN 55113 RE: Access Permit for Upper 56th Street Connection to Washington County Road 67 (Osgood Avenue) and Utility Permit for Water Main Construction, City of Oak Park Heights Dear Mr. Rhein: Enclosed are the approved permits for work associated with Phase 11 of the Valley View Estates. The following provisions apply: 1• Washington County must be named as an indemnified party in all bonds required of contractors working dinsstreetaccess Right of Way. This applies to both the utility permits. 2. A right turn lane must be constructedaof the Upper 56th Street construction. T shall conformorhe specifications in the Minnesota Department of Transportation Design Manual. Please call me at 430-4312 if you have any questions. Sincerely, Joseph Lux enclosures Mike Robertson, City of Oak Park Heights Pointed on a.erwd Pao, EQUAL EMPLOYMENT OPPORTUNITY 1 AFFIRMATIVE ACTION • MINNESOTA DEPARTMENT OF HEALTH Division of Environmental Health REPORT ON PLANS Plans and specifications on watermain: Valley View Estates - Phase Two, Oak Park Heights, Washington County, Minnesota, Plan No. 952000 Submitted by: Bonestroo, Rosene, Anderlik & Associates, 2335 West Trunk Highway 36, St. Paul, Minnesota 55113 Ownership: City of Oak Park Heights, c/o Ms. La Vonne Wilson, Administrator, Oak Park Heights City Hall, 14168 57th Street North, Box 2007, Oak Park Heights, Minnesota 55082-2007 Date Examined: March 28, 1995 Date Received: March 15, 1995 SCOPE: This report covers the design of this project insofar as the safety and sanitary quality of the water for public consumption may be affected, and applies to this project only and not to the entire system or any other part thereof. The examination of plans is based upon the supposition that the data on which the design is based are correct, and that necessary legal authority has been obtained to construct the project. The responsibility for the design of structural features and the efficiency of equipment must be taken by the project designer. Approval is contingent upon satisfactory disposition of any requirements included with this report. Water supply plans are examined with regard to the location, construction and operational features of the design and maintenance of all parts of the system which may affect the safety and sanitary quality of the water. Examination is based on the standards of this department. This project consists of the installation of 820 lineal feet of 6-inch ductile iron pipe. REQUIREMENT(S): 1. It is recommended that a hydraulic analysis be conducted to assure that a minimum 20 psi is obtained at the fire hydrant on the 6-inch dead end during fire flaw conditions. If the 20 psi is not obtained, the fire hydrant should be eliminated or replaced with a flushing hydrant. 2. The watermain should be pressure tested at 150 psi for at least two hours. 3. Hydrants placed where the groundwater table is less than 8 feet below the ground surface shall have the drain hole plugged and be equipped with a tag stating the need for pumping after use. COMPLIANCE: No construction shall take place except in accordance with the approved plans. If It is desired to make deviations from the approved plans, the State Department of Health should be consulted and approval of the changes obtained before construction is started; otherwise, such construction is installed without proper approval, and in addition may create dangers to public health. Authorization for construction in accordance with the approved plans may be withdrawn if construction is not undertaken within a period of two years. The fact that the plans have been approved does not necessarily mean that recommendations or requirements for change will not be made at some later time when changed conditions, additional information, or advanced knowledge make improvements necessary. Approved: l) 0� , �A A� o Richard D. Clark, P.E., Supervisor Karla R. Peterson Public Water Supply Unit Public Health Engineer Section of Drinking Water Protection S j coon f Drinking Water Protection 612/627-5180 69 RDC:KRP:lmk cc: City of Oak Park Heights / Bonestroo, Rosene, Anderlik &Associates File py • • C ° ?Y CITY OF OAK PARK HEIGHTS , A MINNESOTA STAR CITY March 23 , 1995 Jack Krongaard Krongaard Construction 14791 North 60th Street Oak Park Heights, MN 55082 Dear Jack: It has come to our attention that you have not paid the bills totaling $19, 043 . 58 that the City of Oak Park Heights sent you more than over the last two months . Please be advised that if we are not in receipt of payment from you by Friday, March 31, 1995 at 12 : 00 noon, we will call your letter of credit to satisfy this bill . I am aware that you are unhappy with the amount you have been charged for engineering services . If you have any question about engineering charges you should discuss them with Joe Anderlik of Bonestroo and Associates, who can be reached at 636-4600 . Lacking any information to the contrary from Mr. Anderlik, I will act as described in the above paragraph if we do not receive payment . Sincerely, y� Michael Robertson City Administrator 14168 North 57th Street • Box 2007 • Oak Park Heights, Minnesota 55082-2007 Phone: 612-439-4439 • Fax: 612-439-0574 I. 612 595 9837 P.02/03 JUL-15-1996 11;02 NAC • Associated IIIConsultants , Inc . r------ Northwest A AC URBAN P L A N N I N G • D E S I G N • M A RK E T RESEARCH MEMORANDUM • V 0 t°V1 TO: Mike Robertson FROM: Scott Richards DATE: 16 March 1995 RE: Oak Park Heights - Krongard PUD FILE NO: 798.02 - 94.05 . . As a follow-uP to the City Council's approval at their 13 March 1995 meeting of the plans a nd specs for Valley View Estates, Phase II, I have reviewed the requirements f d necessary for approval and development finalization of the secondfashion It will be necessary ph for Mr. Krongard to supply the required information in a timely h II approvals can be given. Many of the conditionstedin the9 Septeemt r 1 94 p g report still need to be addressed by Mr. Krongard p ary issues are highlighted below: 1. The conditions listed in the 9 September 1994 planning report (or as amended below)will need to be addressed and included as part of the development contract (see Exhibit A). 2. The park dedication fee for Phase I was $12,580. The Phase II park dedication fee would be $18,140. 3. Pedestrian/bike trail easements will be required in two locations. An a � int NSP he area (if issues with 30 day termination can be resolved) will need to be provided described in our 15 December 1994 memo to the Oak Park Heights Parks Commission (see Exhibit B). As an alternative, an easement through the rear of Lot 32 to provide access to Valley View Park would be required. Additionally, a 20 foot easement will need to be provided through the adjacent outlot to provide access to Ozark he m o issues nuewith When I discussed this issue with Mr. Krongard last December, allowing the access easements. 5775 Wayzata Blvd. • Suite 555 • St. Louis Park, MN 55416 • (612) 595-9636•Fax. 595-9837 612 595 9837 P.03/03 JUL-15-1996 11:02 NAC 4111 The second pedestrian/bike trail easement would be for the area controlled currenby Mr. tly being Krongard along Osgood Avenue. An inventory of bike trail corridors conducted by this office. Special attention will be given to the Osgood Avenue corridor to determine where and how much easement area will be required on this property. 4. Revised building plans submitted by Mr. Krongard indicate that length fmtthengrC is in all of the proposed twinhome units will be at least 20 feet thusy requirements. 5. Adequate parking stalls will need to be provided for the southerly townhme units ts through the provision of additional garage or surface spaces that the require of the Zoning Ordinance and allow for 24 foot access road widths. Revised plans will need to be submitted indicating a correct parking layout. 6. The developer will need to plan for the provision of street lighting for those streets to be extended. 7. A landscaping plan will need to be provided as per the.memo from our office dated 25 October 1994 (see Exhibit C). 8. Any proposed signage for the project will be subject to staff review and approval by the City Council if necessary. We would recommend the issues listed above and those in the 9 September 1994for Phase report be addressed by the applicant before the City Council gives further approvals If you have any questions, please do not hesitate to call. pc: Mayor and City Council Mark Vierling Jack Krongard Joe Anderlik f 2 TOTAL P.03 1 •illve Action/Equal Opportunity Employer Bonestroo,Rosene,Anderlik and Associates,Inc.is an A f ini Bonestroo • Otto G.Bonestroo,P.E. Howard A.Sanford,PE. Ihael C.Lynch,P.E. Gary D.Kristofitz,P.E. James R.Maland.P.E. Brian K.Gage,P.E. Keith A.Gordon.,P.E. Keith R.Tapp,P.E. Robert W.Rosene,RETKeith Pertzsch,P.C. Rosene Joseph C.Anderlik,P.E. Robert R.Pfefferle,P.E. Jerry D.D.J.Stenborg,PE Douglas J.Benoit,PE. MIMarvinL.Sorvala,P.E. Richard W Foster,P.E. Anderlik & Richard E Turner,PE. David O Russek, P.C. Scott J.Argznek,P.E. Shawn D.Gustafson,PE. II ivier,PE. Glenn R.Cook,PE. Robert C.Russek,A.I.A. Kenneth P.Anderson,P.E. Paul IG.Hleuer,P.E. JohThomas E.Noyes,PE. Jerry A.Bourdon,P.E. Mark R.Bolfs,P.E. AssociatesRobertuanM.Ebert n,C.PAG.Schunicht, E Michael T.aRautmann,P.E. Gary W.Morien,P.E. Dan D.Boyum,P.E. Engineers &Architects "Senior Consultant Ted K.Field,P.E. Paul J.Gannon,A.I.A. Jeffrey J.Ehleringer,P.E. Thomas R.Anderson,A.I.A. Daniel J.Edgerton,PE. Lee M.Mann,RE. Donald C.Burgardt,P.E. A.Rick Schmidt,PE. Charles A.Erickson Leo M. welsky Thomas A.Syfko,P.E. Philip J.Caswell,RE. Harlan PaM.Olson Frederic J.Stenborg,P.E. Mark D.Wallis,P.E. Jensen,B Miles B. P.E. Ismael Martinez,P.E. Agnes M.Ring James F.Engelhardt dt Michael P.Rau,PE. L.Phillip Gravel,P.E. March 13, 1995 Thomas W.Peterson,P.E. Karen L.Wiemeri,P.E. Minnesota Department of Health Division of Environmental Health Sec. of Water Supply & General Engineering 925 Delaware Street S.E. Minneapolis, Minnesota 55459-0040 Re: • City of Oak Park Heights Valley View Estates - Phase II File 55120 Gentlemen: permit We are transmitting herewith one (1) copy of plansand comment uponspecifications dandeapprove application fee for the above referenced project. Please review, these plans and specifications. Upon approval, please forward the approved set of plans and specifications to: City of Oak Park Heights • Box 2007 14168 57th St. N. Stillwater, MN 55082 Sincerely, BONESTROO, ROSENE, ANDERLIK& ASSOCIATES, INC. Cic,-,61.sit\)\ t, • %% V 1 Joseph C. Anderlik JCA:c U Enclosure �����`031 /516 04,�� cc: City of Oak Park Heights fp s 5 N 0 RECE1VEp I, c► ENV.�`,d HE4[rH 9 c'�, 2335 West Highway 36 • St. Paul, MN 55113 • 612-636-4600 Bonestroo,Rosene,Anderlik and Associates,Inc.is an Affirmative Action/Equal Opportunity Employer Bonestroo• Howard A.Sanford.PE. •hael C.Lynch,P.E. Gary D.Kristofitz,P.ERob G.Bonestroo.PE. es R.Mnland. ?E. Brian K.barge.P.E. Robert C Rosene.PE." Keith A.Gordon.,P.E. Jeri D.Perizsch,P.E. Keith R.Yapp.P.E. Rosene Joseph C.Anderlik,P.E. Robert R.Pf osteo,PE. Frederic J.Stenborg PE Douglas J Benoit.PE. Marvin L Sorvala.PE. Richard W Foster.P.E. Richard E.Turner,PE. David 0.Loskota,PE. Scott J.Arganek.P.E. Shawn D.Gustafson,PE. Anderlik & Robert C.Russek,ALA. Kenneth P.Anderson,P.E. Cecilto Olivier,PE. Yll Glenn R.Cook,PE. Mark R. Sem, PC.. Paul G.Heuer,P.E. Thomas E.Noyes,P.E. Jerry A.Bourdon,PE. Mark A.Seip.P.E. John P.border,P.E. Associates RobertsanM. Eberlin.cht.A Michark elA.Hanson.RE. Gary Dan D.Boyum,RE. Susan M. C.P.A. Michael T.Rautmann,P.E. Paul J.Gannon,A.I.A..Morien. Jeffrey J.Ehleringe6 P.E. •Senior Consultant Ted K.Field.P.E. Lee M. Engineers &Architects Thomas R.Anderson,A.I.A. Daniel J.Edgerton.PE. Aa n,cF.E RE.C.Burgardt. F.. A.Rick Schmidt,P.E. CCharlesM.eo Paweicky kson Thomas A.Syfko,P.E. Philip J.Caswell,P.E. Harlan M.Olson Frederic J.Stenborg.PE. Mark D.Walks,CE. M. Ismael Martinez,FE, Miles B.Jensen,P.E. AgnesRing MMarch 13, 1975 Thomasel B RPPE. L.Phillip Gravel,PE. James F.Engelhardt Thomas W.Peterson.P.E. Karen L.Wiemer.P.E. . . . . 0 Minnesota Pollution Control Agency D 520 Lafayette Road MAR 15 1995St. Paul, Minnesota 55155 Re: City of Oak Park Heights Valley View Estates - Phase II File 55120 Gentlemen: We are transmitting herewith one (1) copy of plans eaa a revaew, comment upondand approve permit application fee for the above referenced probec t.these plans and specifications. The completed application for Permit Form No. P0-00139-07 is included. The proposed sanitary sewer extension conforms to theMunicipalityControl's nt 1nComm sve ewer Plan which has been submitted to the Metropolitan Metropolitan Council for approval. By carbon copy of this letter, we are transmitting one copy of Controll CommNo. 0s0139 7 and one copy of the project location plan to the Metropolitan WasteYours very truly, BONESTROO, ROSENE, ANDERLIK & ASSOCIATES, INC. cz ( ck- cJI 6 -c Joseph C. Anderlik JCA:cve t) Enclosure cc: Metropolitan Council Metropolitan Waste Control Commission 2335 West Highway 36 • St. Paul, MN 55113 • 612-636-4600 Pollutionfontrol Minesota Agency520 Lafayette Road North, St. Paul, Minnesota 551554194 APPLICATION FOR PERMIT FOR SANITARY SEWER EXTENSIONS AND/OR CHANGES Instructions: FOR MPCA USE ONLY 1. Submit one completed application with one set of I. Date plans and specifications for each sanitary sewer extension and/or change. II. File No. 2. ALL portions of this application MUST be completed and signed if the sewer extension and/or change is to be considered. on 3. An application ion fee is required under Minnesota Statutes ectione116.07, subd.O4dper (1990)) and Minnesota Rules chapter 7002 .(Permit Fee Rules). fee Please make your 40 permit application and must be submitted with the app check payable to the Minnesota Pollution Control Agency. COUNTY: Washington III. CITY: Oak Heicthts — DATE:3/6/95 Ino_ PHONE: 636-4600 IV. ENGINEER, FIRM: Bonestroo, gosene. .Anderlik & Assoc. ADDRESS: 2335 West Hi.hwa 36 St. Paul MN 55113 V. SEWAGE TREATMENT PLANT, Name: Stillwater Is the proposed sewer project in accord with the City of District Comprehensive Sewer Plan? x (No)(Yes) - Phase Two • and Street VI. Title of Plans and Specs: Valle View Vs Improvements Developer/Owner Name: Cit of Oak Park !lei. is Address: 14168 North 57th Street P. * . :ox s City: Stillwater, MN 550: Phone: VII. DESIGN OF GRAVITY SANITARY SEWER: 8 inches Total Length of Pipe: 63 0 feet Pipe Diameter(s): No. of Pumps: NP'___ VIII.DESIGN OF PUMP STATION(S�, STATION#1 #2 WEBABIllagOIMMIGIEGIUMILEZIESE Pump Capacity (gpm) 111111111111111111IIIIIIMIIIIIiilliiilliIIIIIITotal Dynamic Head (ft) Length of Forcemain (ft) Forcemain Diameter (in) Forcemain Material11111111111111- 11- 111 Friction Factor (C) - MGD Ultimate: 0_ 14,IX. ESTIMATED FLOW INCREASE: Initial: __ MGD Project: 18 Twin Basis for estimate: 8 sin• le familc�� homes @ 300 Gal/Home/Day, m 7 low shoo t t epce's'entnthe design Baily average tow S&L trescotpleted project e t application. The ultimate flow should rep e project as proposed in this areas that will design daily average flow from the proposed development and any ultimately be served by the proposed sewer extension. PQ-00139-07 1993 • • X. ESTIMATED BODS INCREASE: Initial: #/day Project: #/day Ultimate:22 .20 #/day Basis for estimate: 8 SingleFamilyHomes t 0 .51 #/Home/Dau _ 18 Twin Homes XI. NATURE OF AREA TO BE-gER Il SY TS� tOYH S/W t T Szt t/Day (a) Residential: Number of New Homes: See Below Number of Existing Homes: - (b) Commercial/Industrial (Describe): - (c) Other (Describe) 8 Single Family HOmes . 18 Twin Roma tlni fG anA 74_ TownHouse Units XII. Will the proposed sewer project be designed and constructed as described in Standard Utilities Specifications prepared by the City Engineers Association of Minnesota? Yes XIII.DETERMINATION AS TO THE NEED FOR AN ENVIRONMENTAL ASSESSMENT WORKSHEET: (Minnesota Environmental Quality Board Regulation) Please check as appropriate: Yes No Is the ultimate flow increase 500,000 gallons per day (gpd) or more and is the project service area within a city served either by the Metropolitan Waste Control Commission (MWCC) or the Western Lake Superior Sanitary Sewer District System (WLSSD)? _ Is the ultimate flow increase 500,000 gpd or more and is the project service area within a city with a population of 20,000 or more not served by either MWCC or WLSSD? — x Is the ultimate flow increase 100,000 gpd or more and is the project service area within a city not served by MWCC or WLSSD with a X population less than 20,000 but at least 10,000? _ Is the ultimate flow increase 50,000 gpd or more and is the project service area within an incorporated city not served by MWCC or WLSSD with a population less than 10,000? — X-_ Isthe ultimate flow increase 50,000 gpd or more and is the project service area in an unincorporated sewered area? _ X_ If a yes answer was appropriate for any of the above conditions, then the preparation of an EAW is mandatory. Do you anticipate that a draft Environmental Assessment Worksheet (EAW) will be prepared by the city or county? N/A Approximate date of completion of EAW NO SEWER CONSTRUCTION FOR THE REFERENCED EXTENSION MAY BE UNDERTAKEN UNTIL YOU ARE IN RECEIPT OF THE REQUIRED PERMIT(S) ISSUED BY THIS AGENCY AND AS DEFINED BY LAW UNDER MINNESOTA STATE STATUTE 115.07, SUBDIVISION 3. Signed: U. (.dKdt�a Reg. No. 6971 (Engineer) Printed: Joseph C. Anderlik Signed: 9s. L 0. Title: hoized City Repre :ritative) Printed: Joseph C. Anderlik • Bonestroo,Rosene,Anderlik and Associates,Inc.is an Affirmative Action/Equal Opportunity Employer ifil Bonestroo •eI C.Lynch,PE. Gary D.Kristofitz,Otto G.Bonestroo.PE. Howard A.Sanford.P.E. R.Noland.P.E_ Baan K.Gayc,PERobert W.Rosene,P.C.' Keith A.Gordon.,PE. D.P gland.P.E. KeithaK.Tapp.PE. Rosene Joseph C.Anderlik,P.E. Robert R.Pfefferle,PE Jerry Frederic J.Stenborg.P.E. Douglas J.Benoit,P.E. aca Marvin L Sorvala,PE. Richard W.Foster,P.E. Scott J.Arganrk.P.E. Shawn D.Gustafson.P.E. Anderlik & Glenn E.Turner,ok.PPE RobertDobd O.L ussek,.BE Kenneth P Anderson,PE. Cecdio Olivier.FE. VI Glenn R.Cook.PE. C.Russek,A.LA' Paul G.Hrurr RE. Mark R.Rolls,PE. Thomas E.Noyes.FE. Jerry A.Bucolical,I'-E. Mark A.Seip,PE. John P.border,PE. Associates Robert G Noyes.C A Mark A.Hanson.PE Dan D Boyum,PE. Susan M.Eberlin,C.P.A. Michael T.Rautmann,P.E. GaryriWGannen,A I.A. Jeffrey J.Ehlm,PE. P.E. &Architects •Senior Consultant Ted K.Field,P.E. Engineers Thomas R.Anderson,ALA. A.Rick Schmidt.dt.P HE.E. Charles A.Erickson Donald C.BurgaSyfkO.F PE. Philip J.Caswll.PE. Leo M.Pawelsky Thomas A.Syenb P.E. Harlan M.Olson Mark D.Wallis,P.E. 3 Frederic J.Stenborg.P.E. Agnes M.RingIsmael Martinez,PE. Miles B.Jensen,PE. 9 (�9 Michael P.Rau,P.E. L.Phillip Gravel,PE. James F.Engelhardt March 13, 1775 •fhomas W.Peterson,P.E. Karen L.Wiemeri.P.E Minnesota Department of Health •Division of Environmental Health Sec. of Water Supply & General Engineering 925 Delaware Street S.E. Minneapolis,Minnesota 55459-0040 Re: City of Oak Park Heights Valley View Estates - Phase II File 55120 Gentlemen: • We are transmitting herewith one (1) copy of plans andiimmeot upon a dfications and. eapero t application fee for the above referenced project. Please review, these plans and specifications. Upon approval, please forward the approved set of plans and specifications to: City of Oak Park Heights Box 2007 14168 57th St. N. Stillwater, MN 55082 • Sincerely, BONESTROO, ROSENE, ANDERLIK & ASSOCIATES, INC. `Z0-43.--t--% C, C -1, ,S, z. Joseph C. Anderlik JCA:cv Enclosure cc: City of Oak Park Heights 2335 West Highway 36 • St. Paul, MN 55113 • 612-636-4600 55120 'S MINNESOTA DEPARTMENT OF HE Allk Division of Environmental Health Section of Water Supply and Well Management O PLAN REVIEW FEES PLEASE READ INSTRUCTIONS CAREFULLY BEFORE COMPLETING APPLICATION. 1. Answer all questions in full . MAIL TO: Minnesota af eDepartment r entpof Haealth 2. Application must be complete We11 and fee submitted before plans 925 S.E.ManagementDelaware Street • will be reviewed. Box 59040 P.O. 3. Checks should be payable to the Minnesota 55459-0040 Minnesota Department of Health. Minneapolis, "X" PROJECT TYPE(S) AND FILL IN TOTAL FEE SUBMITTED. (Fees are additive for multiple project types included on one set of plans.) toq Watermains $ 150.00 Office Use Only [ ] Well $ 250.00 [ ] Pumphouse $ 150.00 Plan No. [ ] Chemical Feed $ 150.00 Fee Type [ ] Treatment Plant (new) $1,000.00 [ ] Treatment Plant (renovation) $ 250.00 Deposit No. [ ] Storage (installation) $ 300.00 Deposit Date [ ] Storage (coating) $ 100.00 p [ ] Booster Station $ 150.00 Total Fee Submitted $ 150.00 * * * * * * * * * * * * * * PLEASE TYPE OR PRINT THE FOLLOWING REQUIRED 'INFORMATION. Name of Project: Valley View Estates— Phase TT Project Location: Oak Raxk .Heights, NIDI � �20 City (if not incorporated, township3County Owner's Name: City of Oak Park HEIGHTS Owner's Address: Box 2007 14168 57th St. 11 Street City leak park pi.gY $tre2i 55120 Zip Submitter's Name: BONESTROO, ROSTE, ANDERLIK & ASSOCIATES, INC. Submitter's Address: 2335 W. TRUNK HWY. 36 , ST PAUL. MN 55113 Street City State Zip Submitter's Telephone Number ( 612 ) 636-4600 • #56 ENCLOSURE 6 411 MEMO Date: March 9, 1995 To: Mayor & Council From: Mike Robertson, City Administrator Re: Approval of Valley View Estates Phase II Plans & Specifications The Council needs to officially approve the plans and specs before we can go out to bids for them. As the plans are rather large I have not included them with the agenda packet but there are copies at your seats for review. The proposed schedule for this project is as follows : Monday, March 13 - Council Approval Friday, April 7 - Receive Bids Monday, April 10 - Award Project Construction to begin as soon as possible after bid award. Bonestroo,Rosene,Anderlik and Associates,Inc.is an Aft Action/Equal Opportunity Employer 411 ill • chael C.Lynch,PR Gary D.Kristofitz,P.E. Bonestroo Otto G.Bonestroo,RE. Howard A.Sanford,PE Brian K.Gage,P.E. Robert W.Rosene,PE.' Keith A.Gordon.,PE.' James R.Maland,P.E. Keith R.yapp,PE. Robert R.Pfefferle,P.E. Jerry D.Pertzsch,P.E. Rosene Marvinaepn L Anderlik,P.E Frederic J.Stenborg,P.E. Douglas J.Benoit,P.E. P.R. Richard W.Foster,PE. Shawn D.Gustafson,P.E. In . Jf'� L Sorvala, Scott J.Arganek,P.E. Anderlik M • Glenn RE Cook,Turner, PE E RoberAt C.avid 0.Loskota, AJ.A. Kenneth P.Anderson,P.E. Cecilio Olivier,P.E. Paul G.Heuer,P.E. Associates Thomas E.Noyes,P.E. Jerry A Bourdon,PE Mark R Rolfs,RE. John P Gorder,PE. Mark A.Seip,P.E. RobertsanG. cht,P.E. Mark Ael Hanson,P.E. Gary FE Dan D.Boyum,P.E. Susan M.Eberlin,CPA. Michael T.Rautmann,P.E. l Jv.GMnnon,A.I.A. Jeffrey J.Ehleringer,P.E. Senior Consultant Ted K.Field,P.E. Engineers &Architects Thomas R.Anderson,A.I.A. A.Rick J.EdgdtP P.R. Lee M.Mann, A.Rick Schmidt,P.E. Charles A.Erickson Donald C. Syfko,BurgaF P.E. Leo M.Pawelsky T Philip J.Caswell.P.E. Frederic A. enb PE. Harlan M.Olson Mark D.Wallis,P.E. Frmderic J.Stenborg,P.E. M.Ring Ismael Martinez,P.E. Miles B.Jensen,RE. Agnes Michael P Rau,P.E. L.Phillip Gravel,PE. James F.Engelhardt Thomas W.Peterson,P.E. Karen L.Wiemeri,P.E. March 8, 1995 Mr. Michael Robertson City of Oak Park Heights P.O. Box 2007 Oak Park Heights, Minnesota 55082 Re: Valley View Estates - Phase II Utility & Street Improvements Our File No. 55120 Dear Mr. Robertson: Transmitted with this letter are six (6) half size sets of final plans for oze the sValley ts of finalVi p ew ons tend - Phase II Utility & Street Improvement Project. Two (2) specifications will be transmitted under separate cover.r. In addition, dit n,we have atprepared The a construction cost estimate based on the attached plans. copy isort: following.tabulation compares these costs with those given in the preliminary p Valley View Estates - Phase II Utility and Street Improvements Estimated Construction Costs Preliminary Report Construction Cost October 11, 1994 March 6, 1995 Part 1. Sanitary Sewer $ 29,995.00 $ 29,470.00 Part 2. Water Main 30,580.00 -24,880.00 Part 3. Services 45,205.00 44,330.00 Part 4. Storm Sewer 92,135.00 86,465.00 Part 5. Street Improvements 167.120.00 149.565 AO Total $365,035.00 $334,710.00 The current estimated construction cost for the sanitary sewer and service portions of the project are relatively close to the preliminary report estimate. The estimated cost for the water main 2335 West Highway 36 • St. Paul, MN 55113 • 612-636-4600 i • • Mr. Michael Robertson City of Oak Park Heights Page 2 File No. 55120 has increased approximately $5,700.00. This is due to a revision in the water main alignment, which avoids disturbance of Osgood Avenue. Further, the existing hydrant located near the intersection of 57th Street and Osman Avenue does not need to be relocated as originally thought. The proposed storm sewer has also been revised from the layout in the preliminary report, resulting in a more economical system and an estimated savings of approximately $5,800.00. The largest discrepancy between preliminary report and current estimated costs is in the street improvements, with a difference of approximately $17,500.00. This can be partially attributed to the decision to salvage and reuse the existing gravel base and north curb line along the reconstructed portion of 57th Street. In addition, at the time the preliminary report was written, the possibility existed that the final street improvements would be performed under a contract separate from the utility improvements. The combination of all improvements under one contract has, in this instance, resulted in an estimated cost savings. If you have any questions regarding this letter, or require further information on this project, please contact me. Yours truly, BONESTROO, ROSENE, ANDERLIK & ASSOCIATES, INC. Joseph R. Rhein JRR:dh • • • rrr Bonestro Bidder Total Base Bid Rosene ' Anderlik• Address Tele.hone No. 1 Associate Fax No. "glnee"&nrfin«I' Ci State,Zi Cly!k 1A- r- ;r Ai 057 65 77 f PROPOSAL VALLEY VIEW ESTATES-PHASE II UTILITY AND STREET IMPROVEMENTS FILE NO. 55120 OAK PARK HEIGHTS,MINNESOTA 1995 nin Time: Onin Date: Krongard Construction Company 14791 -60th Street North#2 Stillwater,Minnesota 55082 Gentlemen: and The underg si ned being familiar with your local conditions, having made the field inspections an ng investigations deemed necessary, having studies the plans and specifications for the work Addenda Nos. and being familiar with all factors and other als conditions equipment tht and all e work and cost thereof, hereby proposes to furnish all labor, tools, materials, else necessary to completely construct the project in accordance ae Inch the23plans 5 Wean Highway 36nd ons on file with you and Bonestroo, Rosene, Anderlik& As St. Paul,MN 55113, as follows: Item Unit Qty. Unit Price Total Price No. Part 1 -Sanitary Sewer LF 20 $ 30, DO 1 8"DIP,Cl. 52, 10'- 12'deep in pl. 2 8"PVC, Schedule 26, 10'- 12'deep in place with specified bedding LF 15 $ ZO, 00 $ D,g> 3 8"PVC, Schedule SDR 26, 12'- 14'deep in place with specified bedding LF 35 $ 2-2. 00 4 8"PVC, Schedule SDR 26, 14'- 16'deep 5 in place with specified bedding LF 130 $ 2 y U 6 8"PVC,Schedule SDR 26, 16'- 18'deep ,r�, o0 in place with specified bedding LF 75 $ ZG .bU $ 9 P-1 55120.wb 1111111.111111111111.111111.1111m1........---- 0 ' • 7 8"PVC,Schedule SDR 35,0'-8'deep $ ZED,OD in place with specified bedding LF 20 $ l d D 8 8"PVC,Schedule SDR 35,8'- 10'deep _$_________11. 2_ $ /SUD Oy in place with specified bedding LF 100 9 8"PVC,Schedule SDR 35, 10'- 12'deep DO $ 24q0.00 in place with specified bedding LF 165 $ /6, 10 8"PVC,Schedule SDR 35, 12'-14'deep DO $ 11 7 0 -d0 in place with specified bedding LF 65 $ If. 11 Construct std. 4'dia.MH,8'deep,over ex. 8" EA 1 $ /`/OD DD $ l±t___ VCP sewer,w/R1642B cstg. in pl. $ 65 p0,Oo 12 Std. 4'dia.MH,8'deep,w/R1642B cstg. in pl. EA 5 1-1_25212_!..21I.O, oo $ 2000 ,00 13 4'dia.MH depth greater than 8'deep LF 25 $ 14 8"x4"PVC,Schedule SDR 26,wye branch in EA 1 $ 60. o J $ 60+OO place with bedding 15 8"x4"PVC,Schedule SDR 35,wye branch in EA 7 $ Yo . 00 $ Z1O,00 place with bedding � (900�0U. 16 Reconstruct ex. structures per specifications LF 4 1_______L___,0 .QU — EA 6 $_20C: 0_,o $ 12..00 ,00 17 Adjust ex.structures per specifications e fdn. mtl.,6 thick in p1. LF 600 _$_______Z,DO 1___a___-DO ,OD 18 Improved pip �� �D�oO S I�IOo. O(7 19 1-1/4"clear rock for mud break in pl. TN 140 $ 20 Traffic control,all phases of work incl. all signs,barricades,flagpersons,flashers&all LS 1 $ Z50O .00 $ 2500,00else necessary $ Zq y 7�,0p Total Part 1 -Sanitary Sewer Part 2-Water Main 00 ���L 0,00 EA 1 $ 21 611 LF 820 $DIP,Cl. 52,7-1/2'min.cover in pl. S O/7 UCL $ ,500�O'v 22 6"gate valve and box in place 4 $ /Z,o b ,oU $ 9800 .W 23 5"valve hydrant in place EA LF 2 $ ZD ,oD $ �ID� D 24 Valve box extension in place $ /,�DO, _Q LF 8 $ 5,0 0 25 Reconstruct ex.valve box per specifications4 L______/.51___;' / 7 5� �vU r X00_O_ ,00 26 Adjust ex.valve box per specifications EA —"--� 5512o.wb IP• III 27 WB-67 hydrant barrel extension in place LF 2 ...$_____15______;10. ao $ ('�,�D, OD_ 28 C.I.fittings in place LB 1,100 $ I , 06 $ 1100 . OD 29 Cut into ex. 8"DIP&place 8"x6"tee complete in p1, including tee EA 1 $ C•oo,oo $ W221 30 Cut into ex. 6"DIP&place 6"x6"tee complete in pl, including tee EA 2 $ 500 .00 $ 10017. 00 31 Cut-in to ex.6"CIP EA 1 $ Zoo ,DU S ZOO. 00 LF 270 $ 8,00 $ 32 Remove ex.6" CIP incl.disposal 1_____102_:-121-Q 33 Plug existing 6"CIP EA 1 $ Io0.oc7 34 Improved pipe fnd. matl,6"thick in p1. LF 700 $ 1 .00 S 7 00 . oU 35 Seeding,incl. seed,mulch,fertilizer&disk anchoring AC 0.2 $ 7.000 ,cov $ 400,d(> $ 24 �$y. ao Total Part 2-Water Main Part 3-Services 36 2"corporation stop tapped into ex.6"DIP, incl.tapping saddle,complete in place per specifications EA 3 $ 250, oy 1______201-01 37 2"curb stop and box in place EA 3 $ /50 • ob 1____E:__5 0.00 3g 2"Type"K"copper water service in same LZ D trench with sanitary sewer service LF -He- $ /6.00 $ 3SZO OU EA 26 $ c/O, 00 1._____1( 4D.OU 39 1"corporation stop in place p�DO 40 1"curb stop and box in place EA 26 $ 7 0,00 S l �'L 41 1"Type"K"copper water service in same trench with sewer service LF 1,500 $ 0 /3 50 S 00.00 42 Core drill ex. 8"VCP and place 8" x 4"PVC 5Z 50, co, saddle as per specifications EA 21 $ 250 OD $ 43 4"PVC,Schedule 40,sewer service in same trench with water service,incl. specified I, 00 bedding LF —17460- $ 9,Ov $ 4J0OLy o0 44 Improved pipe fdn. mtl.,6"thick in p1. LF 1,400 $ 2.GiD $ ZirOa.00 P-3 55120.1,1.3.86 l���le ya 110 av y'' PVC i n-/,'n a Oar?o a i S` ) EA 3 . ZoO 1 201______-0-1—). loo $ Z• ov $ 45 Insulate 1 copper,4" thick,complete in pl. SF $ U t( 330 .00 Total Part 3 -Services Part 4-Storm Sewer 50 $ 3 , Uv $ (9 UD 46 27"RCP,Cl.4,8'-10'deep in place LF 30 $ �D� OD 1_120-12-2_ 47 27" in LF RCP,Cl.4, 10'-12'deepplace75 $ �Z.OU S 31 SL) OD 48 2711 RCP,Cl. inplace LF 4, 12'-14'deep ��, 00 t 52-0�� 49 18"RCP,Cl. 5,8'-10'deep in place LF 20 $ L YO. D D LF 3 c>S -560 1_______I-L.-1 00 $ 50 15"RCP,Cl. 5,0'-8'deep in place 1 1 $ .OU $ Z(oD DO 51 15"RCP,Cl. 5,8'-10'deep in place LF LF 6 pS� $ Z(�.00 $ 2 (0 b 00 52 12"RCP,Cl. 5,0'-8'deep in place L� $ `'��0 ,OD LF 35 $ 53 12"RCP,Cl. 5,8'-10'deep in place 160 $ t o�00 $ I!900� yU S4 Remove&salvage ex. 18"RCP LF 4 $ 100.00 $ 4 00� Ob 55 Remove&dispose of ex. 18"L.R.bends EA .1____g______--p0. Oo 56 install salvaged 18"RCP LF 100 i________11-_,_22 57 Std.8'dia.MH(Plate 1-10)constructed over $ SOON,Db ex.36"RCP,w/R1642B cstg. in pl. EA 1 1_5:_a_,_--0.Ob 58 Std.6'dia.Mil(Plate 1-10)constructed over ex. 36"RCP,w/R1642B cstg. in p1. EA 1 _$______A_____-- Gb. OU 1_______--3'700.0o 59 Std.6'dia.MH(Plate 1-10) with R1642B cstg. 3000 ad $_____a_;10(...22-10 EA 1 $ in place 60 Std. 5'dia.MN(Plate 1-10)constructed over Z„�yo ob ex.36"RCP,w/R1642B casting in pl. EA 1 1_2L22--0 oU 61 Std. 5'dia.MH(Plate 1-10)constructed over ex. o� 18"RCP,with R1642B cstg. in place EA 1 $ Z'1b .aU $ 62 Std.4'dia.MH(Plate 1-10)w/R1642B cstg. Zp�•eo $ 2400 DO EA . 2 S t in place 63 Std.4'dia. CBMH(Plate 1-16),constructed over ex. 18"RCP w/R3067V cstg. in pl. EA 1 $ 1700.00 .$_____01.--)0' V 64 Std.4'dia. CBMH(Plate 1-16)w/R3067V ZOD,co EA y -5- c l3 Oa,OD $ 5 casting in place P-4 55120.wb • • 65 Std. 4'dia. CBMH(Plate 1-16)w/R3290A casting in place EA 1 $ i 3 O 00 $ /3 Do, 00 66 Precast high capacity CB(Plate 1-32)w/R1737 casting in place EA 1 $ WOO.Ob $ 2000,00 67 Precast high capacity CB(Plate 1-32A) w/R1737 casting in place EA 1 $ 2,000.00 $ 2000 .00 68 2'x3'precast CB(Plate 1-19)with R3067V casting in place EA 7 $ 1/00 ,OV $ -1?00,CO 69 Manhole depth,8'dia.greater than 8' LF 2 $ 3 50 . 00 $ '100, 00 70 Manhole depth,6'dia.greater than 8' LF 8 $ z-4°' °° $ I 1900. 0o 71 Manhole depth, 5'dia.greater than 8' LF 9 $ 12,0, 00 $ 10810. 00 72 Manhole depth,4'dia. greater than 8' LF 2- .- $ 5, 00 $ ISO, 00 73 Patch hole in ex. 36"RCP from removed 18" RCP,complete per specs. LS l $ R`00 .00 $ W0,00 74 Remove ex.surmountable conc.curb&replace wB618 conc.curb&gutter at SS-14A LF 30 $ 20,00 $ (o00. 00 75 Reconstruct ex. structure per specificatons LF 13 $ /50 ,00 $ 1 q So, 00 76 Adjust ex.structure per specifications EA 2 $ ' Zoo ,06 $ L100 , 00 77 Remove&salvage beehive cstg.from ex. structure SS-9 EA 1 $ /00, 0 0 $ 1 00. 00 78 Furnish&install new R1642B cstgs.for ex. structures SS-8&SS-9 EA 2 $ 3 00, pa $ L,00. 00 79 Improved pipe fnd. mtl.,6"thick in pl. LF 1,200 $ I. ov $ I w O. OV 80 Remove&replace ex.silt fence LF 200 $ Z'00 $ 4 0 0 ,00 81 Erosion control system in place per Standard Plate SP-64 LF 250 $ 3.0 0 $ 7 5 0.00 82 Erosion control system in place per Standard Plate SP-89 LF 200 $ 2.0v $ 9 00. 00 83 Erosion control system for CB protection per /3 Standard Plate SP-104 in pl. EA 4+ $ 75. 00 $ I 0 5o . 00 55120.wb R5 0 • 84 Erosion control system for high capacity CB 2 $ O o01. $ _12.:___-°,v0 protection per specifications in place EA 85 Seeding,incl. seed,mulch,fertilizer,&disk 3 S anchoring AC 0.15 $ Z..5-00 .00 $ 86 Emergency overflow swale grading&sod 550 $ OD $ Z-150 ,OD restoration as per specifications SY $ t2r� ��� Total Part 4-Storm Sewer Part 5-Street Improvements SY 2,675 $ 41 , 0c, • $ �U "'BUD 1 o(� 87 Remove bituminous surfacingZO •pv 88 Saw cut ex.bituminous surface LF 140 $ 3 ,00 1______94_2L) LF 730 $ 3.00 $Z oU 89 Remove ex.conc.curb&gutter $ 100, 00 EA 1 $ Zoa.n� 90 Remove ex. set of double barricades $ I D UO.Do 91 Relocate existing street light EA 1 $ 1000.d0 92 Subgrade preparation-new streets SY 1,400. $ 0 ,'..._:___1 O $ S(o 0 . o0 93 Subgrade prep.-reconst.area,incl. salv. & , 00 $ gNoo. oa respreading ex.Cl. 5&grading,per spec. SY 2,350 $ y LF 1,850 $ ,1,SC7 $ �3Z5.00 94 Core excavation 36'wide S 7.Z�4 aD,DO 95 Aggregate backfill in place TN 5,600 $ 4,oU 96 Class 5 gravel base in place 3,800 $ 5,DD $ I DOD.00 97 4"PPVC,SDR 26 drain line in p1. LF 200 1___14.....____1), o 1_2_.-(-___--.)00 ,eO EA 4 $ IOU,ob $ �O�� bU 98 Cut-in 4"PPVC to structure $ L S, cob 99 Bit.base course mix.,Type 31,in pl., 1995 TN 780 $ �� SODD O Z SO�a0 Type 41,in pl., 1996 TN 750 $ L"7,Ob $ ZD 100 Bit.wear course, y 430 $ I 00 1______ ______,0 3 .00 101 Bit. material for tack coat in pl. GL SD $ �� 23 S.00 1 102 Surmountable cont. curb&gutter in P • LF 3,830 $ 4 s, SO $ 1315.00 103 13618LF 250 $conc.curb&gutter in pl. 130 $ 3, 50 $ y 5 S, VU 104 Bituminous curbing,machine laid LF 1_11L-70 ' �vo' ov 105 Remove&replace conc.curb&gutter, 1996 LF 120 $ /5, 0i) 106 Furnish&install sign panels,Type C, S DD high intensity grade SF 6.25 $ Z OD i_____11 .) 107 Blvd. grading per Spec.Prov.No. 16 HR 25 $ r7 0, AU 1_12_ .(22.120__ P-6 55120.wb • • 108 Sodding with 4"topsoil SY 400 .1.______ 122(.-.1 $ /2-00. 00 109 Seeding of blvds. incl. mulch&disk anch. AC 1.5 $ Zaoo, as $ 300o. 00 110 Preparation of bit.base as specified LS 1 $ �(UOO,DU $ y000 ,00 111 Bobcat with operator BR 15 $ SO. od $ 754), op 112 Pickup broom with operator HR 15 $ '1 O .00 $ 1050,00 $/Y9 565,00 Total Part 5 -Street Improvements ' $ Z9 y70.ao Total Part 1 -Sanitary Sewer Total Part 2-Water Main $ WI 330, 00 Total Part 3 -Services ' $ fe L/405.00 Total Part 4-Storm Sewer ' $ lye} 565,06 Total Part 5 -Street Improvements ' $ 33q17/0.00 Total Base Bid P-7 55120.wb The final amount of the contract shall be determined by multiplying the final measured quantities of the various items actually constructed and installed by the unit prices therefor, in the manner prescribed in the specifications. However, the low bidder shall be determined by adding the sums resulting from multiplying the quantities stated by the unit prices bid therefor. unt Accompanying this bid is a bidder's bond, ertified check or cash deposit in is at least five percent(5%) of the the of of $ which, my/our bid made payable to the Owner, and the same is subject to forfeiture in the event of default on the part of the undersigned or failure on the part of the undersigned to execute the prescribed contract and bond within fifteen(15) days after its submittal to me/us. In submitting this bid, it is understood that the Owner retains the right to reject any and all bids and to waive irregularities and informalities therein and to award the contract to the best interests of the Owner. In submitting this bid, it is understood that payment will be by cash or check. It is understood that bids may not be withdrawn for a period of 45 days afthrethe date and time set for the opening of bids. It is understood that the Owner reserves right retain the certified check or bond of the three lowest bidders as determined by the Owner for a period not to exceed 45 days after the date set for the opening of bids. Respectfully submitted, (A Corporation) (An Individual) Name (A Partnership) Signer Title Printed Name of Signer P-8 55120.wb I. 4 Bonestroo,Rosene,Anderlik and Associates,Inc.is an ive Action/Equal Opportunity Employer ill Bonest roo Otto G.Bonestroo,P.E. Howard A.Sanford,P.E. ichael C.Lynch,P.E. Gary D.KKristofittz,P.E. t Robert W.Rosene,P.E.* Keith A.Gordon.,P.E. James R.Maland,P.E. BrGage, Rosene Joseph C.Anderlik,P.E. Robert R.Pfefferle,P.E. Jerry D.Pertzsch,P.E. Keith R.Yapp,PE. . Marvin L.Sorvala,P.E. Richard W.Foster,P.E. Frederic J.Stenborg,P.E. Douglas J.Benoit,P.E. Anderlik & Richard E.Turner,P.E. David O.Loskota,P.E. Scott J.Arganek,P.E. Shawn D.Gustafson,P.E. Glenn R.Cook,P.E. Robert C.Russek,A.I.A. Kenneth P.Anderson,P.E. Cecil lG 011eue,,P.E. ivier,PE. In Thomas E.Noyes,P.E. Jerry A.Bourdon,P.E.RoberMark R.Rolls,P.E. Mark A.Seip,PE. Paul AssociatesSu anLM.Eberlin,C.P.A. Michel T.G.Schunicht,RE. Mk A. aRautmann,PE. Gary W.Morien,P.E. D nn D.Boyum,P.E. Engineers &Architects Senior Consultant Ted K.Field,P.E. Paul J.Gannon,A.I.A. Jeffrey J.Ehleringer,P.E. Thomas R.Anderson,A.I.A. Daniel J.Edgerton,PE. Lee M.Mann,P.E. Donald C.Burgardt,P.E. A.Rick Schmidt,P.E. Charles A.Erickson Thomas A.Syfko,PE. Philip J.Caswell,PE. Leo M.Pawelsky (�(� Frederic J.Stenborg,P.E. Mark D.Wallis,P.E. Harlan M.Olson March 7, 1995 Ismael Martinez,P.E. Miles B.Jensen,P.E. Agnes M.Ring Michael P.Rau,P.E. L.Phillip Gravel,P.E. James F.Engelhardt Thomas W.Peterson,P.E. Karen L.Wiemeri,P.E. • Mr. Joe Lux Washington County Public Works Dept. 11660 Myeron Rd.N. lt°(_ _... . .... . .... Stillwater,MN 550822 2 ��2 Re: Valley View Estates-Phase II D L5 t5 L5 Utility & Street Improvements wa — 8 1995 Our File No. 55120 Dear Mr. Lux: Transmitted with this letter are the following documents for the application by the City of Oak Park Heights to make street connection and place utilities within County right-of-way: a. Copies of each permit application form • b. 3 copies of memo to attach to utility permit application c. 3 copies each of Plan Sheet Nos. 1,2,4, and 8 Please review,and if in order,sign both permits. Forward the original copies to Mr.Mike Robertson at the City of Oak Park Heights and one copy to this office. Yours very truly, BONESTROO, ROSENE, ANDERLIK& ASSOCIATES,INC. Joseph R. Rhein JRR:pr Enc. cc w/memo: - rabl 2335 West Highway 36 • St. Paul, MN 55113 • 612-636-4600 • • CITY OF OAK PARK HEIGHTS Attachment to Valley View Estates - Phase II Application for Washington County Utility Permit File No. 55120 - March 6, 1995 Description of work to be performed: Water Main: There is an existing 6 inch diameter cast iron water main which cross Osgood Avenue (Count Road No. 67) approximately 100 feet north of existing 56th Street North, as shown on the attached plans. The work to be performed under this project involves exposing the existing main at the County right-of-way line, cutting the existing pipe and connecting a new 6 inch diameter main to it. It is estimated that the encroachment into the County right-of-way will be approximately 5 feet. The existing curb and surfacing of Osgood Avenue will not be disturbed. NOTE Separate permit applications for street access will be made by the City in regards to street improvements within this project. , Bonestroo Owner: Rasene City of Oak Park Hei14168-57th St.N.,Oak Park Heights,MN 55082 DJanuary 30,1996 0 An derflk&For Period: June 20,1995 to January 25, 1996 Request No. 3 Assodates Engineers du,,„.Architects Contractor: Tower Asphalt,Inc.,P.O.Box 15001,Lakeland,MN 55043 to PwU�utwtirirr REQUEST FOR PAYMENT VALLEY VIEW ESTATES-PHASE II File No.55120 SUMMARY 1 Original Contract Amount $ 259,194.42 2 Change Order-Addition 3 Change Order-Deduction $ 4 Revised Contract Amount $ 259,194.42 5 Value Completed to Date $ 229,354.48 6 Material on Hand $ 0.00 7 Amount Earned $ 229,354.48 8 Less Retainage 5% $ 11,467.72 9 Subtotal $ 217,886.76 10 Less Amount Paid Previously $ 214,475.76 11 AMOUNT DUE THIS REQUEST FOR PAYMENT NO. 3 $ 3,411.00 Recommended for Approval by: BONESTROO,ROSENE,ANDERLIK&ASSOCIATES,INC. eevioni Approved by Contractor: Approved by Owner: TOWER ASPHALT,INC. CITY OF OAK PARK HEIGHTS /_ Specified Contract Completion Date: Date: ex_9 55120'equescwb2 ' Contract Unit Qua i Amount No. Item • Unit Quantity Price to j� to Date 1 8"DIP,Cl.52,10'-12'deep in pl. LF 20 $17.60 20 352.00 2 8"PVC,Schedule 26,10'-12'deep in place with specified bedding LF 15 11.00 30 330.00 3 8"PVC,Schedule SDR 26,12'-14'deep in place with specified bedding LF 35 11.00 109 1,199.00 4 8"PVC,Schedule SDR 26,14'-16'deep in place with specified bedding LF 130 12.10 79 955.90 5 8"PVC,Schedule SDR 26,16'- 18'deep in place with specified bedding LF 75 13.20 36 475.20 6 8"PVC,Schedule SDR 35,0'-8'deep in place with specified bedding LF 20 11.00 103 1,133.00 7 8"PVC,Schedule SDR 35,8'-10'deep in place with specified bedding LF 100 11.00 80 880.00 8 8"PVC,Schedule SDR 35,10'- 12'deep in place with specified bedding LF 165 11.00 166 1,826.00 9 8"PVC,Schedule SDR 35,12'-14'deep in place with specified bedding LF 65 11.00 58 638.00 10 Construct std.4'dia.MH,8'deep,over ex.8" VCP sewer,w/R1642B cstg.in pl. EA 1 2,750.00 1 2,750.00 11 Std.4'dia.MH,8'deep,w/R1642B cstg.in pl EA 5 1,100.00 5 5,500.00 12 4'dia.Mil depth greater than 8'deep LF 25 88.00 25 2,200.00 13 8"x4"PVC,Schedule SDR 26,wye branch in place with bedding EA 1 27.50 1 27.50 14 8"x4"PVC,Schedule SDR 35,wye branch in place with bedding EA 7 27.50 7 192.50 15 Reconstruct ex.structures per specifications LF 4 110.00 3 330.00 16 Adjust ex.structures per specifications EA 6 330.00 6 1,980.00 17 Improved pipe fdn.mtl.,6"thick in pl. LF 600 0.01 18 1-1/4"clear rock for mud break in pl. TN 140 11.00 19 Traffic control,all phases of work incl.all signs,barricades,flagpersons,flashers&all else necessary LS 1 2,000.00 1 2,000.00 Total Part 1-Sanitary Sewer $22,769.10 Part 2-Water Main 20 6"DIP,Cl.52,7-1/2'min.cover in pl. LF 820 13.20 812 10,718.40 21 6"gate valve and box in place EA 1 385.00 3 1,155.00 22 5"valve hydrant in place EA 4 1,210.00 4 4,840.00 23 Valve box extension in place LF 2 16.50 2 33.00 24 Reconstruct ex.valve box per specifications LF 8 27.50 9 247.50 25 Adjust ex.valve box per specifications EA 4 55.00 2 110.00 5512oaequestwb2 26 WB-67 hydrant barrel extension in AI LF 2 0.01 • 0.01 27 C.I.fittings in place LB 1,100 0.77 1,008 776.16 28 Cut into ex.8"DIP&place 8"x6"tee complete in pl, including tee EA 1 550.00 1 550.00 29 Cut into ex.6"DIP&place 6"x6"tee complete in p1, including tee EA 2 550.00 2 1,100.00 30 Cut-in to ex.6"CIP EA 1 220.00 1 220.00 31 Remove ex.6"CIP incl.disposal LF 270 5.50 228 1,254.00 32 Plug existing 6"CIP EA 1 110.00 1 110.00 33 Improved pipe fnd.mall,6"thick in pl. LF 700 0.01 34 Seeding,incl.seed,mulch,fertilizer&disk anchoring AC 0.2 850.00 0.6 510.00 Total Part 2-Water Main $21,624.07 Part 3-Services 35 2"corporation stop tapped into ex.6"DIP, incl.tapping saddle,complete in place per specifications EA 3 165.00 4 660.00 36 2"curb stop and box in place EA 3 220.00 4 880.00 37 2"Type"K"copper water service in same trench with sanitary sewer service LF 220 11.00 275 3,025.00 38 1"corporation stop in place EA 26 44.00 28 1,232.00 39 1"curb stop and box in place EA 26 66.00 26 1,716.00 40 1"Type"K"copper water service in same trench with sewer service LF 1,500 5.50 1,484 8,162.00 41 Core drill ex.8"VCP and place 8"x 4"PVC saddle as per specifications EA 21 55.00 21 1,155.00 42 4"PVC,Schedule 40,sewer service in same trench with water service,incl.specified bedding LF 1,600 6.60 1,502 9,913.20 43 Improved pipe fdn.mtl.,6"thick in pl. LF 1,400 0.01 44 4"PVC in-line cleanout,Schedule 40,complete in-place,including marker EA 3 33.00 3 99.00 45 Insulate 1"copper,4"thick,complete in pl. SF 100 2.20 736 1,619.20 Total Part 3-Services $28,461.40 Part 4-Storm Sewer 46 27"RCP,Cl.4,8'-10'deep in place LF 50 27.50 26 715.00 47 27"RCP,Cl.4,10'-12'deep in place LF 30 27.50 51 1,402.50 48 27"RCP,Cl.4, 12'-14'deep in place LF 75 27.50 82 2,255.00 49 18"RCP,Cl.5,8'-10'deep in place LF 20 24.20 20 484.00 50 15"RCP,Cl.5,0'-8'deep in place LF 385 19.80 427 8,454.60 51 15"RCP,Cl.5,8'-10'deep in place LF 10 19.80 12 237.60 551201requestwb2 52 12"RCP,Cl.5,0'-8'deep in place , LF 605 17.60 • 12,372.80 53 12"RCP,Cl.5,8'-10'deep in place LF 35 17.60 55 968.00 54 Remove&salvage ex.18"RCP LF 160 1.10 160 176.00 55 Remove&dispose of ex. 18"L.R.bends EA 4 1.10 4 4.40 56 Install salvaged 18"RCP LF 100 8.80 97 853.60 57 Std.8'dia.MH(Plate 1-10)constructed over ex.36"RCP,w/R1642B cstg.in pl. EA 1 3,520.00 1 3,520.00 58 Std.6'dia.MH(Plate 1-10)constructed over ex.36"RCP,w/R1642B cstg.in pl. EA 1 2,090.00 1 2,090.00 59 Std.6'dia.MH(Plate 1-10) with R1642B cstg. in place EA 1 1,760.00 1 1,760.00 60 Std.5'dia.MH(Plate 1-10)constructed over ex.36"RCP,w/R1642B casting in pl. EA 1 1,540.00 1 1,540.00 61 Std.5'dia.MH(Plate 1-10)constructed over ex. 18"RCP,with R1642B cstg.in place EA 1 1,540.00 1 1,540.00 62 Std.4'dia.MH(Plate 1-10)w/R1642B cstg. in place EA 2 880.00 2 1,760.00 63 Std.4'dia.CBMH(Plate 1-16),constructed over ex.18"RCP w/R3067V cstg.in pl. EA 1 1,100.00 1 1,100.00 64 Std.4'dia.CBMH(Plate 1-16)w/R3067V casting in place EA 4 1,045.00 4 4,180.00 65 Std.4'dia.CBMH(Plate 1-16)w/R3290A casting in place EA 1 1,045.00 1 1,045.00 66 Precast high capacity CB(Plate 1-32)w/R1737 casting in place EA 1 1,210.00 1 1,210.00 67 Precast high capacity CB(Plate 1-32A) w/R1737 casting in place EA 1 1,210.00 1 1,210.00 68 2'x3'precast CB(Plate 1-19)with R3067V casting in place EA 7 715.00 7 5,005.00 69 Manhole depth,8'dia.greater than 8' LF 2 330.00 1.69 557.70 70 Manhole depth,6'dia.greater than 8' LF 8 220.00 7.47 1,643.40 71 Manhole depth,5'dia.greater than 8' LF 9 165.00 8.83 1,456.95 72 Manhole depth,4'dia.greater than 8' LF 2 110.00 4.6 506.00 73 Patch hole in ex.36"RCP from removed 18" RCP,complete per specs. LS 1 110.00 1 110.00 74 Remove ex.surmountable conc.curb&replace w/B618 conc.curb&gutter at SS-14A LF 30 22.00 33 726.00 75 Reconstruct ex.structure per specificatons LF 13 110.00 13 1,430.00 76 Adjust ex.structure per specifications EA 2 275.00 2 550.00 77 Remove&salvage beehive cstg.from ex. structure SS-9 EA 1 27.50 1 27.50 78 Furnish&install new R1642B cstgs.for ex. structures SS-8&SS-9 EA 2 176.00 2 352.00 55120wequestwb2 79 Improved pipe fnd.mtl.,6"thick in pl.° LF 1,200 0.01 80 Remove&replace ex.silt fence LF 200 2.00 81 Erosion control system in place per Standard Plate SP-64 LF 250 3.00 82 Erosion control system in place per Standard Plate SP-89 LF 200 2.00 83 Erosion control system for CB protection per Standard Plate SP-104 in p1. EA 13 25.00 84 Erosion control system for high capacity CB protection per specifications in place EA 2 40.00 85 Seeding,incl.seed,mulch,fertilizer,&disk anchoring AC 0.15 850.00 0.4 340.00 86 Emergency overflow swale grading&sod restoration as per specifications SY 550 3.00 Total Part 4-Storm Sewer $61,583.05 Part 5-Street Improvements 87 Remove bituminous surfacing SY 2,675 1.00 2,763 2,763.00 88 Saw cut ex.bituminous surface LF 140 2.00 223 446.00 89 Remove ex.conc.curb&gutter LF 730 1.50 710 1,065.00 90 Remove ex.set of double barricades EA 1 100.00 1 100.00 91 Relocate existing street light EA 1 1,000.00 92 Subgrade preparation-new streets SY 1,400 0.75 2,300 1,725.00 93 Subgrade prep:reconst.area,incl.salv.& , respreading ex.Cl.5&grading,per spec. SY 2,350 2.50 2,278 5,695.00 94 Core excavation 36'wide LF 1,850 0.01 1,136 11.36 95 Aggregate backfill in place TN 5,600 4.00 3,577 14,308.00 96 Class 5 gravel base in place TN 3,800 6.00 4,949 29,694.00 97 4"PPVC,SDR 26 drain line in pl. LF 200 8.00 120 960.00 98 Cut-in 4"PPVC to structure EA 4 100.00 4 400.00 99 Bit.base course mix.,Type 31,in pl.,1995 TN 780 23.00 752 17,296.00 100 Bit wear course,Type 41,in p1.,1996 TN 750 25.00 101 Bit.material for tack coat in pl. GL 430 1.00 100 100.00 102 Surmountable conc.curb&gutter in pl. LF 3,830 4.50 3,675 16,537.50 103 B618 conc.curb&gutter in pl. LF 250 6.50 234 1,521.00 104 Bituminous curbing,machine laid LF 130 3.00 120 360.00 105 Remove&replace conc.curb&gutter,1996 LF 120 15.00 20 300.00 106 Furnish&install sign panels,Type C, high intensity grade SF 6.25 20.00 6.25 125.00 107 Blvd.grading per Spec.Prov.No.16 HR 25 60.00 108 Sodding with 4"topsoil SY 400 2.50 109 Seeding of blvds.incl.mulch&disk anch. AC 1.5 1,000.00 1.5 1,500.00 110 Preparation of bit base as specified LS 1 3,760.00 55120hequestwb2 PROJECT PAYMENT STATUS Owner CITY OF OAK PARK HEIGHTS Project No. File No. 55120 Contractor TOWER ASPHALT,INC. CHANGE ORDERS No. Date Description Amount 1 2 3 Total Change Orders PAYMENT SUMMARY No. Period Payment Retainage Completed 1 Start 5\15\95 123,624.33 6,506.54 130,130.87 2 5\15\95 6\20\95 93,255.43 11,414.72 228,294.48 3 6\20\95 1\25\96 3,411.00 11,467.72 229,354.48 4 5 6 7 8 9 10 Material on Hand Total Payment to Date $220,290.76 Original Contract $259,194.42 Retainage,Payment No. 3 11,467.72 Change Orders Total Amount Earned $231,758.48 Revised Contract $259,194.42 551201requestwb2 r_•,...•nw.N,M.iI+�A,:e.:_•....A,r.Nmf'— .w,p. ;...., rnil a..ba;r,':{{:„. , ; ,,y.,:,,.c. , 111 Bobcat with operator HR 15 10.00 1 10.00 112 Pickup broom with operator HR 15 10.00 Total Part 5-Street Improvements $94,916.86 Total Part 1-Sanitary Sewer 22,769.10 Total Part 2-Water Main 21,624.07 Total Part 3-Services 28,461.40 Total Part 4-Storm Sewer 61,583.05 Total Part 5-Street Improvements 94,916.86 Total Work Completed to Date $229,354.48 55120hequestwb2 • Bonestroo 0 Rosene Owner: City of Oak Park Heights, 14168-57th St.N.,Oak Park Heights,MN 55082 Date October 16, 1996 "Asociatess For Period: January 25, 1996 to October 16, 1996 Request No. 4 Ens«�'�i ArchikK Contractor: Tower Asphalt,Inc.,P.O.Box 15001,Lakeland,MN 55043 REQUEST FOR PAYMENT VALLEY VIEW ESTATES PHASE II File No.55120 SUMMARY 1 Original Contract Amount $ 259,194.42 2 Change Order-Addition $ 3 Change Order-Deduction $ 4 Revised Contract Amount $ 259,194.42 5 Value Completed to Date $ 255,269.48 6 Material on Hand $ 0.00 7 Amount Earned $ 255,269.48 8 Less Retainage 5% $ 12,763.47 9 Subtotal $ 242,506.01 10 Less Amount Paid Previously $ 217,886.76 11 AMOUNT DUE THIS REQUEST FOR PAYMENT NO. • 4 • $ 24,619.25 Recommended for Approval by: BONESTROO,ROSENE,ANDERLIK&ASSOCIATES,INC. C�iet Approved by Con r.- . Approved by Owner. TOWER • . ' ` CITY OF OA 'A' i IGHTS . 00101111.1.* '-'7V V 4P A Specified Contract Completion Date: Date: /0,22,340 5512t11request.wb2 • • Contract Unit Quantity Amount No. Item Unit Quantity Price to Date to Date 1 8"DIP,Cl.52, 10'- 12'deep in pl. LF 20 $17.60 20 352.00 2 8"PVC,Schedule 26, 10'-12'deep in place with specified bedding LF 15 11.00 30 330.00 3 8"PVC,Schedule SDR 26, 12'-14'deep in place with specified bedding LF 35 11.00 109 1,199.00 4 8"PVC,Schedule SDR 26, 14'-16'deep in place with specified bedding LF 130 12.10 79 955.90 5 8"PVC,Schedule SDR 26, 16'-18'deep in place with specified bedding LF 75 13.20 36 475.20 6 8"PVC,Schedule SDR 35,0'-8'deep in place with specified bedding LF 20 11.00 103 1,133.00 7 8"PVC,Schedule SDR 35,8'-10'deep in place with specified bedding LF 100 11.00 80 880.00 8 8"PVC,Schedule SDR 35, 10'-12'deep in place with specified bedding LF 165 11.00 166 1,826.00 9 8"PVC,Schedule SDR 35,12'-14'deep in place with specified bedding LF 65 11.00 58 638.00 10 Construct std.4'dia.MH,8'deep,over ex.8" VCP sewer,w/R1642B cstg.in pl. EA 1 2,750.00 1 2,750.00 11 Std.4'dia.MH,8'deep,w/R1642B cstg.in pl EA "5 1,100.00 5 5,500.00 12 4'dia.MH depth greater than 8'deep LF 25 88.00 25 2,200.00 13 8"x4"PVC,Schedule SDR 26,wye branch in place with bedding EA 1 27.50 1 27.50 14 8"x4"PVC,Schedule SDR 35,wye branch in place with bedding EA 7 27.50 7 192.50 15 Reconstruct ex.structures per specifications LF 4 110.00 3 330.00 16 Adjust ex.structures per specifications EA 6 330.00 6 1,980.00 17 Improved pipe fdn.mtl.,6"thick in pl. LF 600 0.01 18 1-1/4"clear rock for mud break in pl. TN 140 11.00 19 Traffic control,all phases of work incl.all signs,barricades,flagpersons,flashers&all else necessary LS 1 2,000.00 1 2,000.00 Total Part 1-Sanitary Sewer $22,769.10 Part 2-Water Main 20 6"DIP,Cl.52,7-1/2'min.cover in pl. LF 820 13.20 812 10,718.40 21 6"gate valve and box in place EA 1 385.00 3 1,155.00 22 5"valve hydrant in place EA 4 1,210.00 4 4,840.00 23 Valve box extension in place LF 2 16.50 2 33.00 24 Reconstruct ex.valve box per specifications LF 8 27.50 9 247.50 25 Adjust ex.valve box per specifications EA 4 55.00 2 110.00 55I20Vequest.wb2 • w • 26 WB-67 hydrant barrel extension in place LF 2 0.01 1 0.01 27 C.I.fittings in place LB 1,100 0.77 1,008 776.16 28 Cut into ex.8"DIP&place 8"x6"tee complete in p1, including tee EA 1 550.00 1 550.00 29 Cut into ex.6"DIP&place 6"x6"tee complete in pl, including tee EA 2 550.00 2 1,100.00 30 Cut-in to ex.6"CIP EA 1 220.00 1 220.00 31 Remove ex.6"CIP incl.disposal LF 270 5.50 228 1,254.00 32 Plug existing 6"CIP EA 1 110.00 1 110.00 33 Improved pipe fnd.mall,6"thick in p1. LF 700 0.01 34 Seeding,incl.seed,mulch,fertilizer&disk anchoring AC 0.2 850.00 0.6 510.00 Total Part 2-Water Main $21,624.07 Part 3-Services 35 2"corporation stop tapped into ex.6"DIP, incl.tapping saddle,complete in place per specifications EA 3 165.00 4 660.00 36 2"curb stop and box in place EA 3 220.00 4 880.00 37 2"Type"K"copper water service in same trench with sanitary sewer service LF 220 11.00 275 3,025.00 38 1"corporation stop in place EA 26 44.00 28 1,232.00 39 1"curb stop and box in place EA 26 66.00 26 1,716.00 40 1"Type"K"copper water service in same trench with sewer service LF 1,500 5.50 1,484 8,162.00 41 Core drill ex.8"VCP and place 8"x 4"PVC saddle as per specifications EA 21 55.00 21 1,155.00 42 4"PVC,Schedule 40,sewer service in same trench with water service,incl.specified bedding LF 1,600 6.60 1,502 9,913.20 43 Improved pipe fdn.mtl.,6"thick in pl. LF 1,400 0.01 44 4"PVC in-line cleanout,Schedule 40,complete in-place,including marker EA 3 33.00 3 99.00 45 Insulate 1"copper,4"thick,complete in pl. SF 100 2.20 736 1,619.20 Total Part 3-Services $28,461.40 Part 4-Storm Sewer 46 27"RCP,Cl.4,8'-10'deep in place LF 50 27.50 26 715.00 47 27"RCP,Cl.4, 10'-12'deep in place LF 30 27.50 51 1,402.50 48 27"RCP,Cl.4,12'-14'deep in place LF 75 27.50 82 2,255.00 49 18"RCP,CI.5,8'-10'deep in place LF 20 24.20 20 484.00 50 15"RCP,Cl.5,0'-8'deep in place LF 385 19.80 427 8,454.60 51 15"RCP,Cl.5,8'-10'deep in place LF 10 19.80 12 237.60 551204nquest.wb2 • . 52 12"RCP,Cl.5,0'-8'deep in place LF 605 17.60 703 12,372.80 53 12"RCP,Cl.5,8'-10'deep in place LF 35 17.60 55 968.00 54 Remove&salvage ex. 18"RCP LF 160 1.10 160 176.00 55 Remove&dispose of ex.18"L.R.bends EA 4 1.10 4 4.40 56 Install salvaged 18"RCP LF 100 8.80 97 853.60 57 Std.8'dia.MH(Plate 1-10)constructed over ex.36"RCP,w/R1642B cstg.in pl. EA 1 3,520.00 1 3,520.00 58 Std.6'dia.MH(Plate 1-10)constructed over ex.36"RCP,w/R1642B cstg.in pl. EA 1 2,090.00 1 2,090.00 59 Std.6'dia.MH(Plate 1-10) with R1642B cstg. in place EA 1 1,760.00 1 1,760.00 60 Std.5'dia.MH(Plate 1-10)constructed over ex.36"RCP,w/R1642B casting in p1. EA 1 1,540.00 1 1,540.00 61 Std.5'dia.MH(Plate 1-10)constructed over ex. 18"RCP,with R1642B cstg.in place EA 1 1,540.00 1 1,540.00 62 Std.4'dia.MH(Plate 1-10)w/R1642B cstg. in place EA 2 880.00 2 1,760.00 63 Std.4'dia.CBMH(Plate 1-16),constructed over ex. 18"RCP w/R3067V cstg.in pl. EA 1 1,100.00 1 1,100.00 64 Std.4'dia.CBMH(Plate 1-16)w/R3067V casting in place EA 4 1,045.00 4 4,180.00 65 Std.4'dia.CBMH(Plate 1-16)w/R3290A casting in place EA 1 1,045.00 1 1,045.00 66 Precast high capacity CB(Plate 1-32)w/R1737 casting in place EA 1 1,210.00 1 1,210.00 67 Precast high capacity CB(Plate 1-32A) w/R1737 casting in place EA 1 1,210.00 1 1,210.00 68 2'x3'precast CB(Plate 1-19)with R3067V casting in place EA 7 715.00 7 5,005.00 69 Manhole depth,8'dia.greater than 8' LF 2 330.00 1.69 557.70 70 Manhole depth,6'dia.greater than 8' LF 8 220.00 7.47 1,643.40 71 Manhole depth,5'dia.greater than 8' LF 9 165.00 8.83 1,456.95 72 Manhole depth,4'dia.greater than 8' LF 2 110.00 4.6 506.00 73 Patch hole in ex.36"RCP from removed 18" RCP,complete per specs. LS 1 110.00 1 110.00 74 Remove ex.surmountable conc.curb&replace w/B618 conc.curb&gutter at SS-14A LF 30 22.00 33 726.00 75 Reconstruct ex.structure per specificatons LF 13 110.00 13 1,430.00 76 Adjust ex.structure per specifications EA 2 275.00 2 550.00 77 Remove&salvage beehive cstg.from ex. structure SS-9 EA 1 27.50 1 27.50 78 Furnish&install new R1642B cstgs.for ex. structures SS-8&SS-9 EA 2 176.00 2 352.00 55120%request.wb2 • • • 79 Improved pipe fnd.mtl.,6"thick in pl. LF 1,200 0.01 80 Remove&replace ex.silt fence LF 200 2.00 81 Erosion control system in place per Standard Plate SP-64 LF 250 3.00 82 Erosion control system in place per Standard Plate SP-89 LF 200 2.00 83 Erosion control system for CB protection per Standard Plate SP-104 in p1. EA 13 25.00 84 Erosion control system for high capacity CB protection per specifications in place EA 2 40.00 85 Seeding,incl.seed,mulch,fertilizer,&disk anchoring AC 0.15 850.00 0.4 340.00 86 Emergency overflow swale grading&sod restoration as per specifications SY 550 3.00 Total Part 4-Storm Sewer $61,583.05 Part 5-Street Improvements 87 Remove bituminous surfacing SY 2,675 1.00 2,763 2,763.00 88 Saw cut ex.bituminous surface LF 140 2.00 223 446.00 89 Remove ex.conc.curb&gutter LF 730 1.50 710 1,065.00 90 Remove ex.set of double barricades EA 1 100.00 1 100.00. ' 91 Relocate existing street light EA 1 1,000.00 92 Subgrade preparation-new streets SY 1,400 0.75 2,300 1,725.00 93 Subgrade prep:reconst.area,incl.salv.& respreading ex.Cl.5&grading,per spec. SY 2,350 2.50 2,278 5,695.00 94 Core excavation 36'wide LF 1,850 0.01 1,136 11.36 95 Aggregate backfill in place TN 5,600 4.00 3,577 14,308.00 96 Class 5 gravel base in place TN 3,800 6.00 4,949 29,694.00 97 4"PPVC,SDR 26 drain line in pl. LF 200 8.00 120 960.00 98 Cut-in 4"PPVC to structure EA 4 100.00 4 400.00 99 Bit.base course mix.,Type 31,in pl.,1995 TN 780 23.00 752 17,296.00 100 Bit.wear course,Type 41,in pl.,1996 TN 750 25.00 835 20,875.00 101 Bit.material for tack coat in p1. GL 430 1.00 300 300.00 102 Surmountable conc.curb&gutter in pl. LF 3,830 4.50 3,675 16,537.50 103 B618 conc.curb&gutter in p1. LF 250 6.50 234 1,521.00 104 Bituminous curbing,machine laid LF 130 3.00 120 360.00 105 Remove&replace conc.curb&gutter,1996 LF 120 15.00 20 300.00 106 Furnish&install sign panels,Type C, high intensity grade SF 6.25 20.00 6.25 125.00 107 Blvd.grading per Spec.Prov.No. 16 HR 25 60.00 18 1,080.00 108 Sodding with 4"topsoil SY 400 2.50 109 Seeding of blvds.incl.mulch&disk anch. AC 1.5 1,000.00 1.5 1,500.00 110 Preparation of bit.base as specified LS 1 3,760.00 1 3,760.00 5512111request.wb2 • • 111 Bobcat with operator HR 15 10.00 1 10.00 112 Pickup broom with operator HR 15 10.00 Total Part 5-Street Improvements $120,831.86 Total Part 1-Sanitary Sewer 22,769.10 Total Part 2-Water Main 21,624.07 Total Part 3-Services 28,461.40 Total Part 4-Storm Sewer 61,583.05 Total Part 5-Street Improvements 120,831.86 Total Work Completed to Date $255,269.48 551201requestwb2 • PROJECT PAYMENT STATUS Owner CITY OF OAK PARK HEIGHTS Project No. File No. 55120 Contractor TOWER ASPHALT,INC. CHANGE ORDERS No. Date Description Amount 1 2 3 Total Change Orders PAYMENT SUMMARY No. Period Payment Retainage Completed 1 Start 5\15\95 123,624.33 6,506.54 130,130.87 2 5\15\95 6\20\95 93,255.43 11,414.72 228,294.48 3 6\20\95 1\25\96 3,411.00 11,467.72 229,354.48 4 1\25\96 10/16/96 24,619.25 12,763.47 255,269.48 5 6 7 8 9 10 Material on Hand Total Payment to Date $244,910.01 Original Contract $259,194.42 Retainage,Payment No. 4 12,763.47 Change Orders Total Amount Earned $257,673.48 Revised Contract $259,194.42 5512OOrequest.wb2 S i rrr Bonestro• Rosene Owner: City of Oak Park Heights, 14168-57th Street N.,Oak Park Heights,MN 55082 Date: June 20,1995 ■ May 16, 1995 to June 20, 1995 Request No. 2 1 Associate nglneers&Architects Contractor: Tower Asphalt,Inc.,P.O.Box 15001,Lakeland,MN 55043 REQUEST FOR PAYMENT VALLEY VIEW ESTATES-PHASE II File No. 55120 SUMMARY 1 Original Contract Amount $ 259,194.42 2 Change Order-Addition $ 3 Change Order-Deduction $ 4 Revised Contract Amount $ 259,194.42 5 Value Completed to Date $ 22f4Es2,15790.yg 6 Material on Hand $ 7 Amount Earned $ 2204.48 8 Less Retainage 5% $ 11,414.72 9 Sub-Total $ 216;Rd5.76.7I/INN, 10 Less Amount Paid Previously $ 123,624.33 11 AMOUNT DUE THIS REQUEST FOR PAYMENT NO. 2 $ 93,*.43 9 5Y13 Recommended for Approval by: BONESTROO,ROSENE AN ERLIK&ASSOCIATES,INC. Approved by Contra • Approved by Owner: T0,410 i`: - CITY OF OAK PARK HEIGHTS j Specified Contract Completion Date: Date: 55120/request.wb2 1 • II Quantity Amount No. Item Unit Quantity Price to Date to Date Part 1-Sanitary Sewer 1 8"DIP,Cl.52, 10'- 12'deep in pl. LF 20 17.60 20 352.00 2 8"PVC,Schedule 26, 10'- 12'deep in place with specified bedding LF 15 11.00 30 330.00 3 8"PVC,Schedule SDR 26, 12'- 14'deep in place with specified bedding LF 35 11.00 109 1,199.00 4 8"PVC,Schedule SDR 26, 14'- 16'deep in place with specified bedding LF 130 12.10 79 955.90 5 8"PVC,Schedule SDR 26, 16'- 18'deep in place with specified bedding LF 75 13.20 36 475.20 6 8"PVC,Schedule SDR 35,0'-8'deep in place with specified bedding LF 20 11.00 103 1,133.00 7 8"PVC,Schedule SDR 35,8'- 10'deep in place with specified bedding LF 100 11.00 80 880.00 8 8"PVC,Schedule SDR 35, 10'- 12'deep in place with specified bedding LF 165 11.00 166 1,826.00 9 8"PVC,Schedule SDR 35, 12'-14'deep in place with specified bedding LF 65 11.00 58 638.00 10 Construct std.4'dia.MH,8'deep,over ex.8" VCP sewer,w/R1642B cstg.in pl. EA 1 2,750.00 1 2,750.00 11 Std.4'dia.MH,8'deep,w/R1642B cstg.in pl. EA 5 1,100.00 5 5,500.00 12 4'dia.MH depth greater than 8'deep LF 25 88.00 25 2,200.00 13 8"x4"PVC,Schedule SDR 26,wye branch in place with bedding EA 1 27.50 1 27.50 14 8"x4"PVC,Schedule SDR 35,wye branch in place with bedding EA 7 27.50 7 192.50 15 Reconstruct ex.structures per specifications LF 4 110.00 3 330.00 16 Adjust ex.structures per specifications EA 6 330.00 6 1,980.00 17 Improved pipe fdn.mtl.,6"thick in pl. LF 600 0.01 18 1-1/4"clear rock for mud break in pl. TN 140 11.00 140 1,540.00 19 Traffic control,all phases of work incl.all signs,barricades,flagpersons,flashers&all else necessary LS 1 2,000.00 1 2,000.00 Total Part 1-Sanitary Sewer $24,309.10 55120/request.wb2 2 • 410 Part 2-Water Main 20 6"DIP,Cl.52,7-1/2'min.cover in pl. LF 820 13.20 806 10,639.20 21 6"gate valve and box in place EA 1 385.00 3 1,155.00 22 5"valve hydrant in place EA 4 1,210.00 4 4,840.00 23 Valve box extension in place LF 2 16.50 2 33.00 24 Reconstruct ex.valve box per specifications LF 8 27.50 9 247.50 25 Adjust ex.valve box per specifications EA 4 55.00 2 110.00 26 WB-67 hydrant barrel extension in place LF 2 0.01 1 0.01 27 C.I.fittings in place LB 1,100 0.77 1,008 776.16 28 Cut into ex. 8"DIP&place 8"x6"tee complete in pl, including tee EA 1 550.00 1 550.00 29 Cut into ex.6"DIP&place 6"x6"tee complete in pl, including tee EA 2 550.00 2 1,100.00 30 Cut-in to ex.6"CIP EA 1 220.00 1 220.00 1 31 Remove ex.6"CIP incl.disposal LF 270 5.50 228 1,254.00 32 Plug existing 6"CIP EA 1 110.00 1 110.00 33 Improved pipe fnd.matl,6"thick in pl. LF 700 0.01 34 Seeding,incl.seed,mulch,fertilizer&disk anchoring AC 0.2 850.00 Total Part 2-Water Main $21,034.87 Part 3-Services 35 2"corporation stop tapped into ex.6"DIP, incl.tapping saddle,complete in place per specifications EA 3 165.00 4 660.00 36 2"curb stop and box in place EA 3 220.00 4 880.00 37 2"Type"K"copper water service in same trench with sanitary sewer service LF 220 11.00 275 3,025.00 38 1"corporation stop in place EA 26 44.00 28 1,232.00 39 1"curb stop and box in place EA 26 66.00 26 1,716.00 40 1"Type"K"copper water service in same trench with sewer service LF 1,500 5.50 1,484 8,162.00 41 Core drill ex. 8"VCP and place 8"x 4"PVC saddle as per specifications EA 21 55.00 21 1,155.00 42 4"PVC,Schedule 40,sewer service in same trench with water service,incl.specified bedding LF 1,600 6.60 1,469 9,695.40 55120/request.wb2 3 • • 43 Improved pipe fdn.mtl.,6"thick in pl. LF 1,400 0.01 44 4"PVC in-line cleanout,Schedule 40,complete in-place,including marker EA 3 33.00 3 99.00 45 Insulate 1"copper,4"thick,complete in pl. SF 100 2.20 736 1,619.20 Total Part 3-Services $28,243.60 Part 4-Storm Sewer 46 27"RCP,Cl.4,8'-10'deep in place LF 50 27.50 26 715.00 47 27"RCP,Cl.4, 10'-12'deep in place LF 30 27.50 51 1,402.50 48 27"RCP,Cl.4, 12'-14'deep in place LF 75 27.50 82 2,255.00 49 18"RCP,Cl.5,8'-10'deep in place LF 20 24.20 50 15"RCP,Cl.5,0'-8'deep in place LF 385 19.80 427 8,454.60 51 15"RCP,Cl.5, 8'-10'deep in place LF 10 19.80 12 237.60 52 12"RCP,Cl.5,0'-8'deep in place LF 605 17.60 703 12,372.80 53 12"RCP,Cl.5,8'-10'deep in place LF 35 17.60 55 968.00 54 Remove&salvage ex. 18"RCP LF 160 1.10 160 176.00 55 Remove&dispose of ex. 18"L.R.bends EA 4 1.10 4 4.40 56 Install salvaged 18"RCP LF 100 8.80 97 853.60 57 Std. 8'dia.MH(Plate 1-10)constructed over ex.36"RCP,w/R1642B cstg.in p1. EA 1 3,520.00 1 3,520.00 58 Std.6'dia.MH(Plate 1-10)constructed over ex.36"RCP,w/R1642B cstg.in pl. EA 1 2,090.00 1 2,090.00 59 Std.6'dia.MH(Plate 1-10) with R1642B cstg. in place EA 1 1,760.00 1 1,760.00 60 Std.5'dia.MH(Plate 1-10)constructed over ex.36"RCP,w/R1642B casting in pl. EA 1 1,540.00 1 1,540.00 61 Std.5'dia.MH(Plate 1-10)constructed over ex. 18"RCP,with R1642B cstg.in place EA 1 1,540.00 1 1,540.00 62 Std.4'dia.MH(Plate 1-10)w/R1642B cstg. in place EA 2 880.00 2 1,760.00 63 Std.4'dia.CBMH(Plate 1-16),constructed over ex. 18"RCP w/R3067V cstg.in pl. EA 1 1,100.00 1 1,100.00 64 Std.4'dia.CBMH(Plate 1-16)w/R3067V casting in place EA 4 1,045.00 4 4,180.00 65 Std.4'dia.CBMH(Plate 1-16)w/R3290A casting in place EA 1 1,045.00 1 1,045.00 55120/request.wb2 4 • • 66 Precast high capacity CB (Plate 1-32)w/R1737 casting in place EA 1 1,210.00 1 1,210.00 67 Precast high capacity CB(Plate 1-32A) w/R1737 casting in place EA 1 1,210.00 1 1,210.00 68 2'x3'precast CB (Plate 1-19)with R3067V casting in place EA 7 715.00 7 5,005.00 69 Manhole depth,8'dia.greater than 8' LF 2 330.00 1.69 557.70 70 Manhole depth,6'dia.greater than 8' LF 8 220.00 7.47 1,643.40 71 Manhole depth,5'dia.greater than 8' LF 9 165.00 8.83 1,456.95 72 Manhole depth,4'dia.greater than 8' LF 2 110.00 4.60 506.00 73 Patch hole in ex.36"RCP from removed 18" RCP,complete per specs. LS 1 110.00 1 110.00 74 Remove ex.surmountable conc.curb&replace w/B618 conc.curb&gutter at SS-14A LF 30 22.00 33 726.00 75 Reconstruct ex.structure per specificatons LF 13 110.00 12 1,320.00 76 Adjust ex.structure per specifications EA 2 275.00 2 550.00 77 Remove&salvage beehive cstg.from ex. structure SS-9 EA 1 27.50 1 27.50 78 Furnish&install new R1642B cstgs.for ex. structures SS-8&SS-9 EA 2 176.00 2 352.00 79 Improved pipe fnd.mtl.,6"thick in pl. LF 1,200 0.01 80 Remove&replace ex.silt fence LF 200 2.00 85 170.00 81 Erosion control system in place per Standard Plate SP-64 LF 250 3.00 59 177.00 82 Erosion control system in place per Standard y Plate SP-89 LF 200 2.00 96 192.00 83 Erosion control system for CB protection per Standard Plate SP-104 in pl. EA 13 25.00 13 325.00 84 Erosion control system for high capacity CB protection per specifications in place EA 2 40.00 85 Seeding,incl.seed,mulch,fertilizer,&disk anchoring AC 0.15 850.00 86 Emergency overflow swale grading&sod restoration as per specifications SY 550 3.00 Total Part 4-Storm Sewer $61,513.05 55120/request.wb2 5 III • Part 5-Street Improvements 87 Remove bituminous surfacing SY 2,675 1.00 2763 2,763.00 88 Saw cut ex.bituminous surface LF 140 2.00 223 446.00 89 Remove ex.conc.curb&gutter LF 730 1.50 710 1,065.00 90 Remove ex.set of double barricades EA 1 100.00 1 100.00 91 Relocate existing street light EA 1 1,000.00 92 Subgrade preparation-new streets SY 1,400 0.75 2300 1,725.00 93 Subgrade prep:reconst.area,incl.salv.& respreading ex.Cl.5&grading,per spec. SY 2,350 2.50 2278 5,695.00 94 Core excavation 36'wide LF 1,850 0.01 1136 11.36 95 Aggregate backfill in place TN 5,600 4.00 3577 14,308.00 96 Class 5 gravel base in place TN 3,800 6.00 4949 29,694.00 97 4"PPVC,SDR 26 drain line in pl. LF 200 8.00 149 1,192.00 98 Cut-in 4"PPVC to structure EA 4 100.00 4 400.00 99 Bit.base course mix.,Type 31,in pl., 1995 TN 780 23.00 742 17,066.00 100 Bit.wear course,Type 41,in pl., 1996 TN 750 25.00 101 Bit.material for tack coat in pl. GL 430 1.00 102 Surmountable conc.curb&gutter in p1. LF 3,830 4.50 3675 16,537.50 103 B618 conc.curb&gutter in pl. LF 250 6.50 234 1,521.00 104 Bituminous curbing,machine laid LF 130 3.00 120 360.00 105 Remove&replace conc.curb&gutter, 1996 LF 120 15.00 20 300.00 106 Furnish&install sign panels,Type C, high intensity grade SF 6.25 20.00 107 Blvd.grading per Spec.Prov.No. 16 HR 25 60.00 108 Sodding with 4"topsoil SY 400 2.50 109 Seeding of blvds.incl.mulch&disk anch. AC 1.5 1,000.00 110 Preparation of bit.base as specified LS 1 3,760.00 111 Bobcat with operator HR 15 10.00 1 10.00 112 Pickup broom with operator HR 15 10.00 Total Part 5-Street Improvements $93,193.86 Total Part 1 -Sanitary Sewer 24,309.10 Total Part 2-Water Main 21,034.87 Total Part 3-Services 28,243.60 Total Part 4-Storm Sewer 61,513.05 Total Part 5-Street Improvements 93,193.86 Total Work Completed to Date $228,294.48 55120/request.wb2 6 • • PROJECT PAYMENT STATUS Owner City of Oak Park Heights Project No. File No. 55120 Contractor Tower Asphalt,Inc. CHANGE ORDERS No. Date Description Amount 1 2 3 Total Change Orders PAYMENT SUMMARY No. Period Payment Retainage Completed 1 Start 5/15/95 $123,624.33 $6,506.54 $130,130.87 2 5/15/95 6/20/95 $93,255.43 $11,414.72 $228,294.48 3 4 5 6 7 8 9 10 Material on Hand Total Payment to Date $216,879.76 Original Contract $259,194.42 Retainage,Payment No. 2 $11,414.72 Change Orders Total Amount Earned $228,294.48 Revised Contract $259,194.42 55120/request.wb2 7 Page 3 - Workshop Minutes 01/13/98 and Neal Avenue have been ordered and will be installed as soon as received. b. Benson also said that Brekke Park was flooded by someone other than a Public Works employee without sweeping the ice, and that is why the ice became bumpy. He requested that Public Works be the only ones to flood the rinks in order to prevent this from happening in the future . c. Benson said that the trails have been cleared, although the trail on 58th Street is accumulating a lot of snow. Councilmember Turnquist requested that the Council continue to discuss the establishment of a Planning Commission and suggested doing so in a workshop. Turnquist also asked if the City needs an ordinance dealing with individual sanitary sewer systems . City Attorney Vierling said that the City is covered under the County' s plan, but that he would draft an ordinance for Oak Park Heights . Turnquist requested an update on the status of the County purchasing election equipment for municipal use. II . NSP Utility Permit - John Wertish Mayor Schaaf pulled this item off the workshop agenda. Councilmember Beaudet said the comment period for the permit has been extended and public comment is encouraged. Mayor Schaaf said that NSP has been very cooperative to work with on this issue. III . Valley View Estates - Jack Krongard Mr. Krongard was unable to attend - Mayor Schaaf pulled this item off the workshop agenda. Interim Administrator Holst said that she has spoken with Mr. Krongard and that he feels that he has done his part with this development and any problems with the beehives are the City' s responsibility. City Engineer Anderlik said that Mr. Krongard' s conclusion is based on a false assumption that his development did not increase any of the drainage volume to the storm sewers . Anderlik was directed to write a letter to Krongard reiterating this point. City Attorney Vierling was also directed to review Krongard' s Development Agreement. IV. 9 ' _ ' • • ilw, - • •« - - 9 Membership Mayor Schaaf said that he has learned that the Chamber does not give any money to the Bridge Alliance, a pro-bridge organization. He said that while members of the Chamber may attend and support the bridge, the Chamber itself does not take a stand on the issue. Schaaf also said that there will be a meeting on January 28 for the Stillwater Area Chamber of Commerce and the Stillwater Chamber of Commerce Executive LAW OFFICES OF 410 Eckberg, Lammers. Briggs. Wolff & Vierling. P.L.L.P. 1835 Northwestern Avenue Lyle J. Eol(6erg Stillwater. Minnesota 550132 $Haas D. Olson James F. Lammers (612) 439.2878 David K. Snyder RoI ert G. Briggs*. FAX (612) 439-2023 Ijroslt Piletiobt Marl( J. Vierling* y Geller*Gregory G. GallPaul A. wolf , g Direct Dial No. : (612) 351-2118 Thomas J. Weidner* 0944-1990 *Q.alilied Neutral Arbitrator&Mediator • . January 12, 1998 .Q.aliiied Nostra!Arbitrator ',Certified Real Estate Speoialist Mr. Jack KrongardC: PY n Krongard Construction Company 14791 - 60th Street North Stillwater, Minnesota 55082 Re : Valley View Addition/Valley View Estates II Dear Jack: I talked to you last September with regard to bike/walkway easement along Osgood Avenue affecting these two • subdivisions. At that time, you advised me that you would have Mr. • Kurth prepare the necessary descriptions so that the 20 foot wide easement could be conveyed to the City. The same would obviously not have any impact on the developability of the affected properties. I have not heard anything from Randy or .you since that time. We need to get these matters cleared up and I would appreciate if you could get those descriptions in here as soon as possible . If you have any questions or if there are concerns with regard to this matter, please contact me directly. Yours very truly, Mark J. Vierling MJV/sdb Enclosure cc: .Judy Hoist EQv[ .SAN 1 31998 Enclosure /A • OAK PARK HEIGHTS CITY COUNCIL WORKSHOP MINUTES TUESDAY, NOVEMBER 25, 1997 Call to Order: The meeting was called to order at 4 : 05 by Mayor Schaaf. Present : Councilmembers Beaudet, Swenson and Turnquist . Staff Present : Interim Administrator Hoist, Police Chief Swanson, Public Works Director Benson, and Administrative Intern Mesko. Absent : Councilmember Robert . DEPARTMENT REPORTS 1 .Police - Police Chief Swanson requested authorization from the Council to make equipment purchases with grant money received. He said that he would like to buy a surveillance camera and an alarm system. Council agreed with Swanson and asked that these items be added to the Consent Agenda. Swanson also said that he is looking into purchasing a vault safe for added security for seized items . Council said that they supported this and that Swanson should come back when he has a price estimate. 2 . Administration - Interim Administrator Hoist requested direction on how to handle the Valley View Estates maintenance issue. The City Engineer has prepared a report outlining the improvements needed. Hoist said that no work will be done until next spring. Council directed Hoist to schedule a workshop in January and invite Jack Krongard to meet with the Council . It was requested that the City Engineer also be present for this workshop. Hoist then requested that Council decide on the utility rate increase that was prepared by the City Engineer so that residents can be notified before the next billing. Council directed Hoist to add this item to the December 9 Council meeting. 3. Public Works - Councilmember Beaudet said that he has met with people about the prison using an Oak Park Heights hydrant and that nothing will be done until next spring. Councilmember Turnquist asked if the streets would be swept one more time to clear the fallen leaves so the storm sewers do not become clogged. Benson said that he was planning on sweeping one more time before it gets too cold. Chief Swanson said that MN/DOT has cleared out the homes in the bridge area and that the barricades will be put up in the next few days. Mayor Schaaf asked about putting up pedestrian warning signs on Oldfield and Oakgreen near entrances to walkway/bike path to warn motorists . Chief Swanson said that he would support this and I E3 P.4 i DATE: November 14, 1997 TO: Mayor and Council FROM: Interim Administrator Holst RE: Valley View Estates Repairs As you can see from the memo from Mr. Anderlik, there are some repairs that should be made to Valley View Estates as requested by the Homeowners Association. I would like direction on how these repairs should be done and who should pay for them. Jack Krongard is the developer. Should he perform and be billed for the repairs or should the City pay for the repairs? If you would like, I could contact Jack and have you meet with him to discuss a possible solution. 1 Enclosure 4 ti Bonestroo,Rosene,Anderlik and Associates,Inc.is firmative Action,Equal Opportunity Employer BonestrooPrincipals:Otto G.Bonestroo,P.E.•Joseph C.And E.•Marvin L.Sorvala,PE.• Richard E.Turner,P.E.•Glenn R.Cook,P.E.• Robert Schunicht,RE.• Jerry A.Bourdon,P.E.• RoseneRobert W.Rosene,P.E.and Susan M.Eberlin,C.P.A.,Senior Consultants IN Associate Principals:Howard A.Sanford,P.E.• Keith A.Gordon,PE.•Robert R.Pfefferle,P.E.• Anderlik & Richard W.Foster,RE.•Pavid O.Loskota,P.E.• Robert C.Russek,A.I.A.•Mark A.Hanson,P.E.• Michael T.Rautmann,P.E.• Ted K.Field,RE.• Kenneth P.Anderson,PE.•Mark R.Rolls,P.E.• VI Associates Sidney P.Williamson,RE.,L.S.• Robert F Kotsmith Offices:St.Paul,Rochester,Willmar and St.Cloud,MN•Milwaukee,WI Engineers &Architects November 7, 1997 M Ms.Judy Hoist D I 1 ElU E n I City of Oak Park Heights I i 14168 5th Street North i a J l f,J,: 1 0 1997 I b . Oak Park Heights,MN 55082 Re: Valley View Estates OAK PRRK NEIGNTS I Our File No.$5120 Dear Ms.Hoist: We have inspected the Valley View Estates area as it relates to a petition the City received relative to some repair or corrective work requested by the Homeowners Association. A copy of that petition is enclosed for reference. It is recommended that an inlet grate be installed on the manhole shown in Picture 1 and a small berm be • graded around the manhole to channel the water to be intercepted. The structures shown on Pictures 2 - and 3 do not need to be modified. The beehives shown in Pictures 7A and 7B should be raised approximately one foot and fill placed around them. Mr.Krongard has agreed to replace the rock and gravel spillways with either larger rocks or concrete. It is recommended that holes be drilled in the two high-capacity catch basins and steel bars installed to reduce the opening size and finally it is suggested that approximately 10 cubic yards of rock rip rap be installed at the east end of the emergency overflow into the park for erosion control. It should be noted the concrete in Pictures 16 through 18 has been removed. The inspection was performed with a contractor in the area and they felt that the approximate cost of the improvements would be between $2,000.00 and $2,500.00. However, with the lateness of the season.it would probably be best to wait until spring so that the areas can be cleaned up,restored and resodded. It will also be necessary to determine a source of funding if the City is to proceed with the work. We are also returning the pictures which we borrowed for your records and file. If you should have any questions on this matter,please do not hesitate to call me or Brian Scott. Very truly yours, BONESTROO,ROSENE,ANDERLIK&ASSOCIATES,INC. 9l_. atetia oseph C.Anderlik 2335 West Highway 36 • St. Paul, MN 55113 • 612-636-4600 • Fax: 612-636-1311 a Page 4 - Minutes 10/22/96 Landfill Resolution Draft - Councilmember Schaaf distributed a draft of a resolution that would require haulers for the City to haul waste to a Minnesota landfill location to prevent any potential liability. Mayor O'Neal noted a letter received from the Stillwater Area Chamber of Commerce regarding the Junker Sanitation Landfill lawsuit . City Attorney Vierling recommended tabling this issue until he can review the letter. Consent Agenda: 1 . Approve Bills and Investments 2 . Approve Council Meeting Minutes - October 8, 1996 3 . Set Public Hearing - Anchobaypro, Inc . - Proposed Rezoning, Site Plan, Subdivision, Planned Unit Development Approvals - November 26, 1996 4 . Approve Request for Payment - Autumn Ridge 2nd Addition - Ryan Contracting - $27, 886 . 24 5 . Ordinance No. 96-1401-06 - An Ordinance Repealing Section 1401. 025 of Chapter 1401 of the Code of Ordinances of the City of Oak Park Heights 6 . Approve Request for Payment - Valley View Estates Phase II - Phase Asphalt - $24, 619 .25 7. Approve League of Minnesota Cities 1997 Dues $2 , 315 . 00 Councilmember Robert requested pulling Item 3 on the Consent Agenda. Councilmember Schaaf, seconded by Robert, moved to approve the Consent Agenda as presented, excluding Item 3 . Carried 5-0 on roll call vote. Councilmember Robert questioned the City' s obligation to conduct a public hearing within the 60 day time frame as outlined in the City statutes . Robertson noted that he received a letter from Tim Nolde on October 3 , 1996 asking that his public hearing scheduled for October 22, 1996 be delayed until November, and so consequently did not send out any public hearing notices . City Attorney Vierling stated the 60 day time frame for the City to respond to the application for the CUP is extended due to Mr. Nolde' s request for extension. Councilmember Robert, seconded by Swenson, moved to set the Public Hearing date for Anchobaypro, Inc . November 26 , 1996 . Carried 5-0 . Unfinished Business Review of Street Reconstruction Plan, - Council reviewed a memo from City Engineer Carol Caron regarding soils in reconstruction Area D. Caron was present and said that there have been no soil borings taken in Area D. Without soil boring information it is difficult to determine the types of soils that would be encountered in the reconstruction of the streets . 41/ Page 2 - Minutes 10/22/96 Request for Authorization to Hire - Chief Swanson stated that Sergeant Jorgenson' s anticipated retirement date is January 3 , 1997 . Swanson requested Council authorize the promotion of part- time officer Brian DeRosier to full-time officer. Swanson recommended that DeRosier start at the second year pay rate for police officers . All other benefits, including vacation, holiday, length of service, etc. , would be set at first year levels . Councilmember Kern, seconded by Swenson, moved to approve the promotion of Brian DeRosier to full-time Police Officer for the City of Oak Park Heights effective January 3 , 1997 contingent upon the retirement of Sergeant Jorgenson. Carried 5-0 . Promotion of Police Officer Paul Hoppe - Chief Swanson requested the City promote Officer Paul Hoppe to the position of Sergeant effective January 3 , 1997. Chief Swanson stated that Mr. Hoppe did an excellent job on both written and oral tests last summer and was the top choice of the interview committee . Councilmember Swenson, seconded by Kern, moved to promote Paul Hoppe to Sergeant effective January 3 , 1997 . Carried 5-0 . Mobile Emergency Chlorination Equipment - Public Works Director Benson reported on installation costs for chlorination equipment . Councilmember Kern, seconded by Swenson, moved to approve the purchase of two chlorination systems at the cost of $4, 390 each plus sales tax and installation costs, to be paid from the Water Fund. Carried 5-0 . Snow Plow - After reviewing a letter from Crysteel Truck Equipment regarding remounting a 10 year old plow on a new truck, Council was in consensus to purchase a new plow for the new truck. Parks Commission, - Councilmember Robert stated that the Parks Commission will meet Monday, November 4, 1996 at 6 : 30 p.m. at City Hall . Councilmember Robert updated the Council regarding the following issues : 1. Andy Salmen' s Eagle Scout project at Brekke Park should be completed by the next Parks Commission meeting. 2 . Applications are still being accepted for the vacancy on the Parks Commission. 3 . Councilmember Robert, Administrator Robertson, Jack Krongard, and residents of new homes near Valley View Park met to talk about the design of the Valley View Park access. Councilmember Robert, seconded, by Swenson, moved to direct Robertson to negotiate with Krongard and the homeowner regarding the park access . Carried 5-0 . S Page 6 - Minutes 06/24/96 Public Hearing - Resolution 96-06-18 - Proposed Vacation of Drainage and Utility Easements in Lots 1 Through 8 , Block 1, Valley View Estates 2nd Addition - Mayor O'Neal opened the Public Hearing at 8 :40 p.m. Phyllis Glampse, 14853 North 57th Street and Mary Jones, 14875 North 57th Street were present to find out how the proposed Resolution would affect them. City Attorney Vierling stated that since Valley View 2nd Addition had been recently replatted, the City needed to take official action to remove the old drainage and utility easements . Councilmember Kern, seconded by Swenson, moved to close the Public Hearing at 8 :45 p.m. Carried 5-0 . Councilmember Robert requested that City Attorney Vierling provide the Council with a copy of the new plat . Councilmember Schaaf, seconded by Kern, moved to adopt Resolution 96-06-18 a Resolution Vacating Drainage and Utility Easements in Lots 1 Through 8, Block 1, Valley View Estates 2nd Addition. Carried 5-0 . New Business: Adoption of Livable Communities Action Plan - City Planner Richard presented a draft of the Livable Communities Action Plan. Richards reported that the City of Oak Park Heights is well within the benchmarks set by the Metropolitan Council for affordable housing. Richards recommended that the City adopt the plan along with the changes he was recommending. Richards stated that the Housing Goals and Policy will be built into the Comprehensive Plan which he is currently updating. Robertson noted that Metropolitan Council has not yet changed their benchmarks to reflect the loss of homes in Oak Park Heights due to the bridge construction. Mayor O'Neal requested that Robertson draft a letter to the Metropolitan Council requesting that they change the benchmarks to reflect this loss . Councilmember Swenson, seconded by Robert, moved to adopt the Livable Communities Action Plan for 1997 with the changes recommended by City Planner Richards . Carried 5-0 . St . Croix Valley Sports Facility - Mayor O'Neal reviewed a letter received from David Magnuson representing the proposed St . Croix Valley Sports Facility. Mr. Magnuson is proposing that the City enter into a Joint Powers Agreement . The letter requests that a representative be selected from Oak Park Heights to serve on the St . Croix Valley Sports Facility Board. Mayor O'Neal requested tabling this issue until the next meeting, and invited anyone interested in serving as a representative for the City to apply. Page 5 - Minutes 06/10/96 Councilmember Schaaf, seconded by Swenson, moved to adopt a resolution to dissolve the Brown' s Creek Water Management Organization. Carried 5-0 . A letter will be sent to the Browns Creek Water Management Organization suggesting they dissolve. Joint Powers Amendment - Councilmember Schaaf, seconded by Kern, moved to table discussion of this issue until the next meeting scheduled Monday, June 24, 1996 . Carried 5-0 . V- ' •41 • • -_ - ' 0 -• - _ O• 1 ' - - - e- • of Block 1 of Valley View Second Addition - City Attorney Vierling stated that the current easements in Valley View Second Addition must be vacated as a result of the Council ' s approval of the new plat requested by Jack Krongard. Vierling requested that Council, based on Krongard' s past application and at his expense, schedule a Public Hearing for the vacation of storm water drainage and utility easements in Lots 1-8 of Block 1, Valley View Second Addition so a new plat can be drawn for that property. Councilmember Schaaf, seconded by Swenson, moved to schedule a Public Hearing on Monday, June 24, 1996 at 7 :30 p.m. for the vacation of drainage and utility easements for Lots 1-8 of Block 1 of Valley View Second Addition. Carried 5-0 . Highway 36 Reconstruction Utility Relocation - Administrator Robertson stated that MNDOT would like to meet with City staff to discuss their objections to the City Engineer' s utility relocation design. City Engineer Anderlik recommended strongly that the follow his design. Councilmember Schaaf and Mayor O'Neal indicated their desire to be present at the meeting. Councilmember Schaaf, seconded by Kern, moved to request MNDOT be present at the City Council meeting scheduled at 6 :30 p.m. on Monday, June 24, 1996 to discuss their concerns. Carried 5-0 . Public Hearings: Public Hearing - Request for Variance - Reduction of Side Yard Setback From 10 Feet to 3 Feet - Dale Young - 5420 Ojibway Street - Mayor O'Neal opened the Public Hearing at 7 : 50 p.m. Dale Young was present to discuss the proposed variance. Young stated that he would like the variance to add a third garage stall so that he could store his boat in a locked garage rather than under his deck. Chuck Oswald, 14221 Upper 54th Street North, stated that he would prefer the variance be limited to 5 feet from his property line. Young said that he thought he could live with that. Hearing no further comment, Councilmember Kern, seconded by Schaaf, moved to close the Public Hearing at 7 :56 p.m. Carried 5-0 . Councilmember Swenson, seconded by Robert, moved to grant the variance due to safety issues, but limiting the setback to no less than 5 feet from the property line . Carried 5-0 . Page 4 - Minutes 04/08/96 • Robertson said that Nolde was requesting was general approval of his plan so that he could proceed with his application to the State. City Planner Richards discussed some of his concerns about the proposed site plan, including number of parking spaces and access roads . Nolde said he would revise his site plan to accommodate the concerns . Richards also noted that the proposed use was consistent with the City' s Comprehensive Plan. Councilmember Schaaf stated his opposition to the plan because he wanted to re-zone the land for commercial or industrial uses, rather than residential . Councilmember Swenson, seconded by Kern, moved to indicate general approval of the plan, said approval does not constitute a guarantee of approval for site plan, tax increment financing, rezoning, or any other approvals needed in the future. Carried 3-1, Councilmember Schaaf opposed. Public Hearings : Krongard Construction - Modification of Planned Unit Development - Changing 8 Single Family Lots into 7 Twin Home Lots and Changing an 8-Plex into a 6-Plex - Valley View Estates Addition - Mayor O'Neal reconvened the public hearing at 7 : 40 p.m. Councilmember Robert arrived. Present for the Public Hearing were: Jack Krongard, 19 Point Road, Bayport; Howard Madson, 14865 57th Street North; Bob Ciak, 5654 56th Street Circle North; Gayle Herzog, 5628 56th Street Circle North; Marge Brandt, 14836 56th Street North; Lori Clemings, 14786 56th Street North; Cindy Berger, 5858 56th Street Circle North; and Mary Sharbono, 14630 North 57th Street. Jack Krongard apologized for not being present at the last Public Hearing. Krongard said he was able to review the objections to the plan and has modified his site plan. Krongard stated that he has shortened some of the buildings in length, which means that the grading plan has been changed to be almost identical with the originally approved grading plan, which had been based on detached single family use. Because of this he would have to grade less of the existing hill at the back of the lots, and this would reduce a large amount of the planned tree removal . City Planner Richards stated that the revised site plan is in compliance with City ordinances . He said that the revised grading plan is better because it saves more trees and will provide better drainage. City Engineer Anderlik stated that the grading plan is the same as originally approved and he sees no disadvantage to the plan. Page 5 - Minutes 04/08/96 • Councilmember Robert asked Krongard what the proposed price per unit. Krongard said the base price for the unit will be $139, 000, and that recent buyers have added options to put the purchase price in the $150, 000 to $160, 000 range. Councilmember Schaaf asked Krongard his estimate for the market value of the single family homes he originally proposed. Krongard stated that the single family homes were going to be priced at $110, 000 to $120, 000 . Councilmember Robert asked about a resident' s complaint that the twin homes all looked identical . Krongard said that to reduce the amount of land to be graded he had to change to different models than he was currently building and that the home design will vary from lot to lot. Bob Ciak stated his opposition to the plan and said he would like to see single family homes in the area. Ciak said the Council originally approved a plan for only single family homes in the development and asked why the new plan was even under consideration. Mayor O'Neal said that the Council is obligated to listen to a land owner' s requests, and must approve or deny the requests based on whether they satisfy the City' s ordinances . Councilmember Robert expressed concern that water could pond on the corner of lot 14 . Krongard stated that a drainage swale located near lot 15 would drain the water. Ciak and Gayle Herzog expressed concern about whether the proposed back yards would drain. Krongard said there would be a storm sewer along that back property line that would drain the water. Mary Sharbono stated that she is concerned with the number of trees being cut down. Mayor O'Neal said that the new site plan reduces the number of trees that will need to be eliminated. Cindy Berger asked Krongard if he will build retaining walls . Krongard said the new site plan eliminates the need for any retaining walls . Berger asked whose responsibility it would be to fix things if anything goes wrong. Richards stated that the City would work with Krongard to solve the problem, but that the costs of fixing any problems would be absorbed by the developer. Herzog asked how high the homes will be. Krongard said the twin homes in that location have a tuck-under garage. The twin homes will be a two-story from the front and a rambler from the back. 111 Page 6 - Minutes 04 t 8/96 Richards stated that with regard to the request to change two 8- plexes into 6-plexes that the revised site plan for the 6-plexes satisfies parking requirements . Richards said that he recommends approval of the project. Councilmember Schaaf, seconded by Swenson, moved to close the public hearing at 8 : 23 p.m. Carried 5-0 . Councilmember Schaaf, seconded by Kern, moved to approve the proposed changes to the Planned Unit Development subject to the conditions and recommendations made by staff. Carried 5-0 . Arcon Development - Request for Final Plat Approval - Autumn Ridge Phase III Mayor O'Neal opened the public hearing at 8 : 21 p.m. Rick Packer of Arcon Development was present for the hearing. City Planner Richards said that he recommends approval of the plan with the eight conditions stated in the report . City Engineer Anderlik said that the final plat is in accordance with the approved preliminary plat. City Attorney Vierling stated that the plat was approved by his office and that the developer' s agreement has been reviewed by staff and is acceptable. Packer said he had no problems with any of the conditions . Councilmember Schaaf, seconded by Kern, moved to close the public Hearing at 8 : 27 p.m. Carried 5-0 . Councilmember Swenson, seconded by Schaaf, moved to approve the final plat subject to the conditions listed on the staff report. Carried 5-0. Councilmember Swenson requested that Packer install temporary street signs until permanent street signs could be installed. Packer agreed to install temporary signs . New Business: Proposed Change Order No . 1 - ADA Improvements - Decreases Cost $645. 00 - Councilmember Schaaf, seconded by Kern, moved to approve the proposed Change Order. Carried 5-0 . Approval of Street Sweeping Bid - Administrator Robertson stated that a notice for sealed bids for street sweeping was placed in the Courier News and mailed to seven businesses who previously expressed a desire to submit a bid for the project. The City received a total of five bids . Robertson reported a bid was received from St. Croix Sweeping which came in two minutes late and by fax rather than in a sealed envelope . Robertson called the City Attorney and he recommended the City reject the bid of St. Croix Sweeping as non-qualified. St. Croix Sweeping' s bid would be the second lowest bid. Page 5 - Minutes 035/96 Public Hearings: Dan Wortman - Modification of Planned Unit Development and Conditional Use Permit - Adding an Apartment to a Single Family Dwelling - 6148 Osgood Avenue - Mayor O'Neal opened the Public Hearing at 7 : 30 p.m. Dennis Wortman, Dan' s father, was present representing the Wortmans as the storm had trapped them in North Dakota. City Planner Richards introduced his associate Cary Teague from Northwest Associated Consulting. Teague said that Wortman is requesting an amendment to his planned unit development in order to establish a second floor residential apartment in his home . Teague recommended approval of the request for an amendment to the planned unit development with the following conditions • The applicant must provide a revised site plan showing the space available for the required parking spaces . • The remodeled apartment must meet all applicable requirements of the City approved Uniform Building Code . • The Council review the permit on a yearly basis for the first two years and then periodically after that . Hearing no public comment, Councilmember Schaaf, seconded by Kern, moved to close the Public Hearing at 7 :40 p.m. Carried 5- 0 . Councilmember Kern, seconded by Swenson, moved to approve the Conditional Use Permit, with annual reviews the first two years. Carried 5-0 . Krongard Construction - Modification of Planned Unit Development - Changing 8 Single Family Lots into 7 Twin Home Lots and h-n•in• -n 8-P - In • - 6-P1-x V- 1- Vi-w ' Present for the Public Hearing were : Cindy Berger, 5658 56th Street Circle North, Bob Ciak 5654 56th Street Circle North, Lori Clemings, 14786 56th Street North, Marge Brandl, 14853 56th Street North, Bill Henning 5696 Osgood Avenue . There were no representatives from Krongard Construction present . City Planner Richards reported that he received no feedback from Krongard regarding the conditions listed in the report . Richards reported that a Planned Unit Development (PUD) was approved a couple of years ago which called for 8 single family units. Krongard has requested the change because the twin homes have been in demand. Krongard has requested the change from 8-plexes to 6-plexes because he feels there is a greater demand for one story town homes than two story. Richards stated a grading and drainage plan for both development sites will have to be reviewed by the City Engineer because of the steep slope. The Park Dedication fees would have to be adjusted per each PUD amendment request . Page 6 - Minutes 035/96 Marge Brandt, 14836 56th Street, stated her opposition to the project . Brandi is concerned that a water problem could develop because of the grade of the slope of the hill in her back yard which will overlook the twin homes . She thinks the twin homes will be too far back on the lot and that the grading will cut into the hill and it will wash out . She stated that she has a 100 year old oak tree that could be damaged if the hill starts washing out . Richards stated that a tree survey should be done which will indicate which trees will be removed and which trees will remain. Lori Clemings, 14786 56th Street, stated that she was opposed to the project . Clemings believes that single family units would sell as well or better than multi-family units . Bob Ciak, 5654 56th Street Circle, said that he is opposed to the project . He said that when the PUD was approved two years ago that the single family homes were provided in order to be a buffer between the existing single family homes and the new twin homes . He would like to see a layout of the boundaries of the lots and where the twin homes would be positioned on each lot . Cindy Berger, 5658 56th Street Circle, said that she did not approve of the project . She said she was concerned with the potential loss of trees . She stated that a lot of trees were removed at Krongard' s latest development, which borders her yard. City Planner Richards noted that the single family development would also require some cutting into the hill . Bill Henning, 5696 Osgood, stated his objection to the twin homes . Henning stated that he did not-" like the large amount of almost identical homes . He said he would like to see single family homes . Councilmember Schaaf stated that he would like to see the proposed layout of the twin homes on each lot so he can better understand the layout of the proposed plan. He also said he would like a copy of the original PUD plan for comparison purposes . Richards stated that he will contact Krongard and let him know of the comments and requests . City Attorney Vierling was directed to review the Development Agreement to see if there was adequate pedestrian easement along Osgood Avenue. Councilmember Schaaf, seconded by Kern moved to continue the Public Hearing until the next Council meeting scheduled April 8, 1996 so that Mr. Krongard or a representative could be present to address concerns raised by the Planner Richards and residents. Carried 5-0 . Residents may pick up the staff report at City Hall on Monday, April 8, 1996, or at the continuation of the Public Hearing. 111 Page 2 - Minutes 02/26/96 Garden Committee - Councilmember Robert noted the Garden Committee ' s recommendations for Cover Park were approved by the Parks Commission. Councilmember Robert said that the Parks Commission is concerned about the cost of the plan, and asked for input from the Council . Council discussed two proposals to offset the cost of the project including: • Mayor O'Neal proposed selling shares to area businesses and residents to be partners in refacing the park area. • Councilmember Schaaf proposed that there be a matching fund drive whereby the City funds half the project if residents and businesses raise half the money. After discussion, Council directed the Park Commission to examine these and other alternatives for raising half of the project costs . New Garden Committee Members - Robert noted that three new members were added to the Garden Committee as a result of the notice in the most recent City newsletter. Utilities - Mayor O'Neal stated that a major developer is interested in locating in Oak Park Heights near Stillwater High School and that the developer asked whether the Frontage Road south of 58th Street could be constructed in 1996 rather than 1997 . Council was in consensus that they would be willing to construct the street in 1996 upon the completion of a development agreement and upon completion of an agreement with MNDOT to re- imburse them for the costs. Impact Fees - There was discussion of possible changes to impact fees . City Attorney Vierling was directed to examine the legal implications . Autumn Ridge - Robertson said that he had attended the Autumn Ridge model home tour and that there was a large crowd and a lot of interest . Consent Agenda • Review Minutes - February 5, 1996 • Review Minutes - February 12, 1996 • Set Public Hearing Date March 25, 1996 - Request for PUD/CUP Modification - Dan Wortman - 6148 Osgood Avenue • Set Public Hearing Date March 25, 1996 - Request for PUD Amendment — Valley View Estates - Krongaard Construction Councilmember Schaaf, seconded by Kern, moved to approve the Consent Agenda. Carried 5-0 . 410 Page 3 - Minutes 02/12/96 Brown' s Creek Water Management Organization - Mayor O'Neal reported that the BCWMO will meet Wednesday, February 21st, 1996 at 8 : 00 p.m. at Stillwater City Hall . Councilmember Schaaf volunteered to serve as a representative for the City of Oak Park Heights on the BCWMO Board and will attend the next meeting of the Board. Consent Agenda • Review Minutes - January 22, 1996 • Review Minutes - January 29, 1996 • Request for Payment - Valley View Estates - $3, 411 . 00 • Request for Payment - Autumn Ridge 1st Addition $4, 216. 41 • Resolution 96-02-05 - A Resolution Approving the Request of Hockey Stillwater St . Croix Valley Amateur Association for a Gambling Premises Permit at the Millroad Inn Councilmember Robert requested removal of the January 22, 1996 Minutes from the Consent Agenda. Councilmember Schaaf, seconded by Kern, moved to approve the remaining items on the Consent Agenda. Carried 5-0 . Councilmember Robert reported that a sentence needs to be added in the Dental Coverage for Jim Butler paragraph of the January 22, 1996 Minutes. The motion should read "Councilmember Swenson, seconded by Schaaf, moved to approve amending the contract to include dental checkups every three months, if recommended by a dentist or doctor." Councilmember Schaaf, seconded by Kern, moved to approve the January 22, 1996 Minutes with the proposed amendment . Carried 5-0 . Unfinished Business: Design Review Committee - Councilmember Robert reported that the last meeting of the Design Review Committee will be held Wednesday, February 21st, at 6 :30 p.m. at Lake Elmo Inn. Public Hearing: Transfer of Liquor Licenses - Club Tara Inc . to Club Tara Supper Club, Inc . - Mayor O'Neal opened the public hearing at 7 :45 p.m. No visitors were present . Hearing no further comments, Councilmember Schaaf, seconded by Swenson, moved to close the public hearing at 7 :46 p.m. Councilmember Schaaf, seconded by Swenson, moved to approve the transfer of Liquor Licenses from Club Tara Inc . to Club Tara Supper Club, Inc. Carried 5-0 . New Business: Park Use Survey Results - City Administrator Robertson reported that 27 out of 160 surveys mailed to local businesses were returned, which is a 17% response from the business community. He noted that this is a pretty good response. 411 Page Five - Minutes 04/24/95 Public Hearings: Request for Home Occupation - Robin Gullickson - 5535 Oakgreen Place North - Grocery Shopper Helper Business - Mayor O'Neal opened the public hearing at 7 :47 p.m. Robin Gullickson described her business . Hearing no comments from the public, Councilmember Schaaf, seconded by Kern, moved to close the public hearing at 7 :48 p.m. Carried 5-0 . Councilmember Kern, seconded by Swenson, moved to approve the home occupation permit contingent upon compliance with all City ordinances. Carried 5- 0 . Request for Home Occupation - Robert Evanoff - 6132 Paul Avenue - Pool & Lawn Care Business - Mayor O'Neal opened the public hearing at 7 :49 p.m. Robert Evanoff described his business. After discussion, Councilmember Schaaf, seconded by Swenson, moved to close the public hearing at 7 : 55 . Carried 5-0 . Councilmember Swenson, seconded by Schaaf, moved to approve the home occupation permit contingent upon compliance with all City ordinances and with the additional condition that all chemicals and gasoline be kept in an enclosed and locked area. Carried 5- 0 . New Business: Preliminary Report - Utility Improvements - Autumn Ridge Addition - City Engineer Anderlik discussed the Feasibility Report and noted that the improvements were feasible and that estimated costs were $16, 623 a lot . Councilmember Kern, seconded by Schaaf, moved to table the report. Carried 5-0 . Proposed Sump Pump Policy - Anderlik recommended that sump pumps not be allowed to connect directly to the curb so as to reduce the amount of water on the street in the winter and to reduce the potential liability to the City. Councilmember Schaaf, seconded by Kern, moved to adopt this policy. Carried 5-0 . Resolution 94-04-19 - A Resolution Requesting Minnesota Department of Transportation Participation in the Construction of 58th Street within the City of Oak Park Heights as Specified within the City Project File 58th Street Improvement of 1995 - Councilmember Schaaf, seconded by Robert, moved acceptance of Resolution 94-04-19 . Carried 5-0 . Approval of Valley View Estates. Phase II Development Agreement - After discussion, Council agreed to allow the easement into Valley View Park to be narrowed to 10 feet at the corner of the lot, as long as it was expanded as it approached the park., Councilmember Kern, seconded by Robert, moved approval of the development agreement . Carried 5-0 . Application for Liquor License - Doyle ' s Bowling Center & Pub. Inc. - Establish a Public Hearing - Councilmember Schaaf, seconded by Kern, moved to set a public hearing date of May 22, S • Page Five - Minutes 04/10/95 Proposed Newsletter - Councilmember Kern, seconded by Swenson, moved to table this issue until the next meeting. Carried 5-0 . Robertson was directed to check with the prison to see if they could print the newsletter. Water Music Request for Funding - Mayor O'Neal noted that she had received a request for funding from Water Music and suggested it be considered at the next Council meeting. Cellular Phone Contract - Council discussed making cellular phones available to employees at employee ' s cost . Robertson was directed to obtain more information about the program. Vierling was directed to draft an agreement requiring a deposit from anyone who participated. Councilmember Kern, seconded by Schaaf, moved to table this issue until the next meeting. Carried 5-0 . Joint Council Meeting with City of Stillwater - Mayor O'Neal requested that a joint City Council workshop with the City of Stillwater be approved. Councilmember Schaaf, seconded by Kern, moved to set Tuesday, May 9, 1995 for a joint workshop meeting. Carried 5-0 . Approve Street Sweeping Bid - Robertson noted that the City had received four street sweeping bids which were as follows; St . Croix Sweeping, $50 . 00/Hour Allied Blacktop, $57 . 50/Hour Astech, $58 . 00/Hour Clean Sweep $63 . 00/Hour After discussion, Councilmember Swenson, seconded by Schaaf, moved to table approval of bids until the next meeting to obtain a recommendation from the Utilities Department . Carried 4-0, Councilmember Kern abstaining due to conflict of interest . Approve Valley View Estates, Phase II Improvement Bid - Anderlik reported that the City had received seven bids, which were as follows; Tower Asphalt $259, 194 .42 Hydrocon $260, 955 . 50 Schield Construction $264, 451 . 85 Burschville Construction $272 , 519 . 00 Valley Paving $275, 168 . 90 Ryan Contracting $275, 623 . 75 Northdale Construction $319, 429 . 65 Anderlik said that Tower Asphalt was considered a responsible bidder. Councilmember Schaaf, seconded by Swenson, moved to approve the bid contingent pending final approval of a developer' s agreement with Jack Krongaard. Carried 5-0 . 410 440 Page Three - Minutes 03/13/95 February 27, 1995 Council Meeting Minutes: Kern, seconded by Robert, moved approval of .the minutes . Carried 5-0 . Public Hearings: Ordinance No. 95-601-01 - An Ordinance Amending Section 601. 07 of Chapter 601 of the Code of Ordinances of the City of Oak Park Heights affecting Domestic Animal Nuisance and Noise - Mayor O'Neal opened the public hearing at 7 : 50 pm. There being no public comment Councilmember Schaaf moved, Kern seconded to close the public hearing at 7 : 50 p.m. Councilmember Robert moved, Schaaf seconded, to approve Ordinance 95-601-01 . Carried 5-0 . New Business: Approval of Plans & Specs - Valley View Estates, Phase II - Councilmember Robert expressed concern because a proposed park access to Valley View Park was not shown and because a proposed bike trail easement along Osgood was not shown. Jack Krongaard said that he had no problem with providing either easement . Councilmember Schaaf moved, Swenson seconded, to approve Resolution 95-03-10, A Resolution Approving Valley View Estates Phase II Plans & Specifications contingent upon access being provided to Valley View Park, an easement being granted along Osgood Avenue, and a satisfactory development agreement being signed. Carried 5-0 . Arcon Development - Request for Feasibility Report - Councilmember Schaaf moved, Kern seconded, to direct the City Engineer to prepare a feasibility report at the applicant ' s expense. Carried 5-0 . Arcon Development - Request to Install Utilities for Autumn Ridge Subdivision - Rick Packer of Arcon Development requested that Council grant Arcon authority to construct their own utilities. Packer offered to post a letter of credit and said that Arcon wanted to construct their own utilities because they thought it would be faster and cheaper. He said that the City would still have control of the improvement through the City Engineer' s inspections and acceptance . Jack Krongaard made the same request for Valley View Phase II utilities . Mayor O'Neal asked if the City could deviate from its current policy. City Attorney Vierling said that cities have broad discretion when it come to contracts . Vierling said he would not recommend that the City change its policy because the current policy gives the City more control because it controls the payment process . Councilmember Swenson moved, Schaaf seconded, to change the policy and allow Arcon Development and Krongaard Construction to construct their own utilities . Motion failed 2-3 , with Mayor O'Neal and Councilmembers Kern and Robert voting against . . • Bonestroo Owner: City of Oak Park Heig"[ib�,14168-57th St.N.,Oak Park Heights,MN 55082•Januar130, 1996 Rosene Anderlik&For Period: June 20,1995 to January 5, 1996 Request No. 3 Associates Ev5Inaerssnrchltects ukeo St Paul.Mllwauk�r Contractor: Tower Asphalt,Inc.,P.O.Box 15001,Lakeland,MN 55043 REQUEST FOR PAYMENT VALLEY VIEW ESTATES-PHASE II File No.55120 SUMMARY 1 Original Contract Amount $ 259,194.42 2 Change Order-Addition $ 3 Change Order-Deduction $ 4 Revised Contract Amount $ 259,194.42 5 Value Completed to Date $ 229,354.48 6 Material on Hand $ 0.00 7 Amount Earned $ 229,354.48 8 Less Retainage 5% $ 11,467.72 9 Subtotal $ 217,886.76 10 Less Amount Paid Previously $ 214,475.76 11 AMOUNT DUE THIS REQUEST FOR PAYMENT NO. 3 $ 3,411.00 Recommended for Approval by: BONESTROO,ROSENE,ANDERLIK&ASSOCIATES,INC. aid eaAarti Approved by Contractor: Approved by Owner: TOWER ASPHALT,INC. CITY OF OAK PARK HEIGHTS %% ;0�. Specified Contract Completion Date: Date: (72 55120hequest.wb2 ill Contract Unit Quail Amount No. Item Unit Quantity Price to to Date 1 8"DIP,Cl.52,10'-12'deep in pl. LF 20 $17.60 20 352.00 2 8"PVC,Schedule 26,10'-12'deep in place with specified bedding LF 15 11.00 30 330.00 3 8"PVC,Schedule SDR 26,12'- 14'deep in place with specified bedding LF 35 11.00 109 1,199.00 4 8"PVC,Schedule SDR 26,14'-16'deep in place with specified bedding LF 130 12.10 79 955.90 5 8"PVC,Schedule SDR 26,16'- 18'deep in place with specified bedding LF 75 13.20 36 475.20 6 8"PVC,Schedule SDR 35,0'-8'deep in place with specified bedding LF 20 11.00 103 1,133.00 7 8"PVC,Schedule SDR 35,8'- 10'deep in place with specified bedding LF 100 11.00 80 880.00 8 8"PVC,Schedule SDR 35,10'- 12'deep in place with specified bedding LF 165 11.00 166 1,826.00 9 8"PVC,Schedule SDR 35,12'-14'deep in place with specified bedding LF 65 11.00 58 638.00 10 Construct std.4'dia.MH,8'deep,over ex.8" VCP sewer,w/R1642B cstg.in pl. EA 1 2,750.00 1 2,750.00 11 Std.4'dia.MH,8'deep,w/R1642B cstg.in p1 EA 5 1,100.00 5 5,500.00 12 4'dia.MH depth greater than 8'deep LF 25 88.00 25 2,200.00 13 8"x4"PVC,Schedule SDR 26,wye branch in place with bedding EA 1 27.50 1 27.50 14 8"x4"PVC,Schedule SDR 35,wye branch in place with bedding EA 7 27.50 7 192.50 15 Reconstruct ex.structures per specifications LF 4 110.00 3 330.00 16 Adjust ex.structures per specifications EA 6 330.00 6 1,980.00 17 Improved pipe fdn.mtl.,6"thick in pl. LF 600 0.01 18 1-1/4"clear rock for mud break in pl. TN 140 11.00 19 Traffic control,all phases of work incl.all signs,barricades,flagpersons,flashers&all else necessary LS 1 2,000.00 1 2,000.00 Total Part 1-Sanitary Sewer $22,769.10 Part 2-Water Main 20 6"DIP,Cl.52,7-1/2'min.cover in pl. LF 820 13.20 812 10,718.40 21 6"gate valve and box in place EA 1 385.00 3 1,155.00 22 5"valve hydrant in place EA 4 1,210.00 4 4,840.00 23 Valve box extension in place LF 2 16.50 2 33.00 24 Reconstruct ex.valve box per specifications LF 8 27.50 9 247.50 25 Adjust ex.valve box per specifications EA 4 55.00 2 110.00 551204equestwb2 26 WB-67 hydrant barrel extension in pla• LF 2 0.01 • 0.01 27 C.I.fittings in place LB 1,100 0.77 1,008 776.16 28 Cut into ex.8"DIP&place 8"x6"tee complete in pi, including tee EA 1 550.00 1 550.00 29 Cut into ex.6"DIP&place 6"x6"tee complete in pl, including tee EA 2 550.00 2 1,100.00 30 Cut-in to ex.6"CIP EA 1 220.00 1 220.00 31 Remove ex.6"CIP incl.disposal LF 270 5.50 228 1,254.00 32 Plug existing 6"CIP EA 1 110.00 1 110.00 33 Improved pipe fnd.mall,6"thick in p1. LF 700 0.01 34 Seeding,incl.seed,mulch,fertilizer&disk anchoring AC 0.2 850.00 0.6 510.00 Total Part 2-Water Main $21,624.07 Part 3-Services 35 2"corporation stop tapped into ex.6"DIP, incl.tapping saddle,complete in place . per specifications EA 3 165.00 4 660.00 36 2"curb stop and box in place EA 3 220.00 4 880.00 37 2"Type"K"copper water service in same trench with sanitary sewer service LF 220 11.00 275 3,025.00 38 1"corporation stop in place EA 26 44.00 28 1,232.00 39 1"curb stop and box in place EA 26 66.00 26 1,716.00 40 1"Type"K"copper water service in same trench with sewer service LF 1,500 5.50 1,484 8,162.00 41 Core drill ex.8"VCP and place 8"x 4"PVC saddle as per specifications EA 21 55.00 21 1,155.00 42 4"PVC,Schedule 40,sewer service in same trench with water service,incl.specified bedding LF 1,600 6.60 1,502 9,913.20 43 Improved pipe fdn.mtl.,6"thick in pl. LF 1,400 0.01 44 4"PVC in-line cleanout,Schedule 40,complete in-place,including marker EA 3 33.00 3 99.00 45 Insulate 1"copper,4"thick,complete in pl. SF 100 2.20 736 1,619.20 Total Part 3-Services $28,461.40 Part 4-Storm Sewer 46 27"RCP,Cl.4,8'-10'deep in place LF 50 27.50 26 715.00 47 27"RCP,Cl.4,10'-12'deep in place LF 30 27.50 51 1,402.50 48 27"RCP,Cl.4,12'-14'deep in place LF 75 27.50 82 2,255.00 49 18"RCP,Cl.5,8'-10'deep in place LF 20 24.20 20 484.00 50 15"RCP,Cl.5,0'-8'deep in place LF 385 19.80 427 8,454.60 51 15"RCP,Cl.5,8'-10'deep in place LF 10 19.80 12 237.60 55120requestwb2 • 52 12"RCP,Cl.5,0'-8'deep in place 4110 LF 605 17.60 12,372.80 53 12"RCP,Cl.5,8'-10'deep in place LF 35 17.60 55 968.00 54 Remove&salvage ex.18"RCP LF 160 1.10 160 176.00 55 Remove&dispose of ex.18"L.R.bends EA 4 1.10 4 4.40 56 Install salvaged 18"RCP LF 100 8.80 97 853.60 57 Std.8'dia.MH(Plate 1-10)constructed over ex.36"RCP,w/R1642B cstg.in pl. EA 1 3,520.00 1 3,520.00 58 Std.6'dia.MH(Plate 1-10)constructed over ex.36"RCP,w/R1642B cstg.in pl. EA 1 2,090.00 1 2,090.00 59 Std.6'dia.MH(Plate 1-10) with R1642B cstg. in place EA 1 1,760.00 1 1,760.00 60 Std.5'dia.MH(Plate 1-10)constructed over ex.36"RCP,w/R1642B casting in pl. EA 1 1,540.00 1 1,540.00 61 Std.5'dia.MH(Plate 1-10)constructed over ex. 18"RCP,with R1642B cstg.in place EA 1 1,540.00 1 1,540.00 62 Std.4'dia.MH(Plate 1-10)w/R1642B cstg. in place EA 2 880.00 2 1,760.00 63 Std.4'dia.CBMH(Plate 1-16),constructed over ex.18"RCP w/R3067V cstg.in pl. EA 1 1,100.00 1 1,100.00 64 Std.4'dia.CBMH(Plate 1-16)w/R3067V casting in place EA 4 1,045.00 4 4,180.00 65 Std.4'dia.CBMH(Plate 1-16)w/R3290A casting in place EA 1 1,045.00 1 1,045.00 66 Precast high capacity CB(Plate 1-32)w/R1737 casting in place EA 1 1,210.00 1 1,210.00 67 Precast high capacity CB(Plate 1-32A) w/R1737 casting in place EA 1 1,210.00 1 1,210.00 68 2'x3'precast CB(Plate 1-19)with R3067V casting in place EA 7 715.00 7 5,005.00 69 Manhole depth,8'dia.greater than 8' LF 2 330.00 1.69 557.70 70 Manhole depth,6'dia.greater than 8' LF 8 220.00 7.47 1,643.40 71 Manhole depth,5'dia.greater than 8' LF 9 165.00 8.83 1,456.95 72 Manhole depth,4'dia.greater than 8' LF 2 110.00 4.6 506.00 73 Patch hole in ex.36"RCP from removed 18" RCP,complete per specs. LS 1 110.00 1 110.00 74 Remove ex.surmountable conc.curb&replace w/B618 conc.curb&gutter at SS-14A LF 30 22.00 33 726.00 75 Reconstruct ex.structure per specificatons LF 13 110.00 13 1,430.00 76 Adjust ex.structure per specifications EA 2 275.00 2 550.00 77 Remove&salvage beehive cstg.from ex. structure SS-9 EA 1 27.50 1 27.50 78 Furnish&install new R1642B cstgs.for ex. structures SS-8&SS-9 EA 2 176.00 2 352.00 55120kequestwb2 79 Improved pipe fnd.mt1.,6"thick in p1.111 LF 1,200 0.01 4111 80 Remove&replace ex.silt fence LF 200 2.00 81 Erosion control system in place per Standard Plate SP-64 LF 250 3.00 82 Erosion control system in place per Standard Plate SP-89 LF 200 2.00 83 Erosion control system for CB protection per Standard Plate SP-104 in pl. EA 13 25.00 84 Erosion control system for high capacity CB protection per specifications in place EA 2 40.00 85 Seeding,incl.seed,mulch,fertilizer,&disk anchoring AC 0.15 850.00 0.4 340.00 86 Emergency overflow swale grading&sod restoration as per specifications SY 550 3.00 Total Part 4-Storm Sewer $61,583.05 Part 5-Street Improvements 87 Remove bituminous surfacing SY 2,675 1.00 2,763 2,763.00 88 Saw cut ex.bituminous surface LF 140 2.00 223 446.00 89 Remove ex.conc.curb&gutter LF 730 1.50 710 1,065.00 90 Remove ex.set of double barricades EA 1 100.00 1 100.00 91 Relocate existing street light EA 1 1,000.00 92 Subgrade preparation-new streets SY 1,400 0.75 2,300 1,725.00 93 Subgrade prep:reconst.area,inel.salv.& . respreading ex.Cl.5&grading,per spec. SY 2,350 2.50 2,278 5,695.00 94 Core excavation 36'wide LF 1,850 0.01 1,136 1136 95 Aggregate backfill in place TN 5,600 4.00 3,577 14,308.00 96 Class 5 gravel base in place TN 3,800 6.00 4,949 29,694.00 97 4"PPVC,SDR 26 drain line in pl. LF 200 8.00 120 960.00 98 Cut-in 4"PPVC to structure EA 4 100.00 4 400.00 99 Bit.base course mix.,Type 31,in p1.,1995 TN 780 23.00 752 17,296.00 100 Bit.wear course,Type 41,in pl.,1996 TN 750 25.00 101 Bit.material for tack coat in pl. GL 430 1.00 100 100.00 102 Surmountable conc.curb&gutter in pl. LF 3,830 4.50 3,675 16,53730 103 B618 conc.curb&gutter in pl. LF 250 6.50 234 1,521.00 104 Bituminous curbing,machine laid LF 130 3.00 120 360.00 105 Remove&replace conc.curb&gutter,1996 LF 120 15.00 20 300.00 106 Furnish&install sign panels,Type C, high intensity grade SF 6.25 20.00 6.25 125.00 107 Blvd.grading per Spec.Prov.No.16 HR 25 60.00 108 Sodding with 4"topsoil SY 400 2.50 109 Seeding of blvds.incl.mulch&disk anch. AC 1.5 1,000.00 1.5 1,500.00 110 Preparation of bit.base as specified LS 1 3,760.00 55120hequestwb2 PROJECT PAYMENT STATUS • • Owner CITY OF OAK PARK HEIGHTS Project No. File No. 55120 Contractor TOWER ASPHALT,INC. CHANGE ORDERS No. Date Description Amount 1 2 3 Total Change Orders PAYMENT SUMMARY No. Period Payment Retainage Completed 1 Start 5\15\95 123,624.33 6,506.54 130,130.87 2 5\15\95 6\20\95 93,255.43 11,414.72 228,294.48 3 6\20\95 1\25\96 3,411.00 11,467.72 229,354.48 4 5 6 7 8 9 10 Material on Hand Total Payment to Date $220,290.76 Original Contract $259,194.42 Retainage,Payment No. 3 11,467.72 Change Orders Total Amount Earned $231,758.48 Revised Contract $259,194.42 551204equestwb2 ..••"r^NYw.M+.d:�e,•..,.,,:.:. xr:.nta.�+..,�.'.f +'r`..:� fx,.vs • 111 Bobcat with operator HR 15 10.00 1 10.00 112 Pickup broom with operator HR 15 10.00 Total Part 5-Street Improvements $94,916.86 Total Part 1-Sanitary Sewer 22,769.10 Total Part 2-Water Main 21,624.07 Total Part 3-Services 28,461.40 Total Part 4-Storm Sewer 61,583.05 Total Part 5-Street Improvements 94,91686 . 1•1111. 111101111111 Total Work Completed to Date $229,354.48 55120tequestwb2 • • Bonestroo Rosene Owner: City of Oak Park Heights, 14168-57th St.N.,Oak Park Heights,MN 55082 Date October 16, 1996 AssadAnder:s For Period: January 25, 1996 to October 16, 1996 Request No. 4 Engineers usauI.MII Architects Contractor: Tower Asphalt,Inc.,P.O.Box 15001,Lakeland,MN 55043 St Paul•Milwaukee p REQUEST FOR PAYMENT VALLEY VIEW ESTATES-PHASE II File No.55120 SUMMARY 1 Original Contract Amount $ 259,194.42 2 Change Order-Addition $ 3 Change Order-Deduction $ 4 Revised Contract Amount $ 259,194.42 5 Value Completed to Date $ 255,269.48 6 Material on Hand $ 0.00 7 Amount Earned $ 255,269.48 8 Less Retainage 5% $ 12,763.47 9 Subtotal $ 242,506.01 10 Less Amount Paid Previously $ 217,886.76 11 AMOUNT DUE THIS REQUEST FOR PAYMENT NO. • 4 • $ 24,619.25 Recommended for Approval by: BONESTROO,ROSENE,ANDERLIK&ASSOCIATES,INC. Approved by Con r.- . Approved by Owner: TOWER • . ` ' ! CITY OF OA A' HEIGHTS //j V Specified Contract Completion Date: Date: /0 _2Q 40 55120 requeatwb2 ' • • Contract Unit Quantity Amount No. Item Unit Quantity Price to Date to Date 1 8"DIP,Cl.52, 10'-12'deep in pl. LF 20 $17.60 20 352.00 2 8"PVC,Schedule 26, 10'-12'deep in place with specified bedding LF 15 11.00 30 330.00 3 8"PVC,Schedule SDR 26, 12'-14'deep in place with specified bedding LF 35 11.00 109 1,199.00 4 8"PVC,Schedule SDR 26, 14'-16'deep in place with specified bedding LF 130 12.10 79 955.90 5 8"PVC,Schedule SDR 26, 16'-18'deep in place with specified bedding LF 75 13.20 36 475.20 6 8"PVC,Schedule SDR 35,0'-8'deep in place with specified bedding LF 20 11.00 103 1,133.00 7 8"PVC,Schedule SDR 35,8'-10'deep in place with specified bedding LF 100 11.00 80 880.00 8 8"PVC,Schedule SDR 35, 10'-12'deep in place with specified bedding LF 165 11.00 166 1,826.00 9 8"PVC,Schedule SDR 35, 12'-14'deep in place with specified bedding LF 65 11.00 58 638.00 10 Construct std.4'dia.MH,8'deep,over ex.8" VCP sewer,w/R1642B cstg.in pl. EA 1 2,750.00 1 2,750.00 11 Std.4'dia.MH,8'deep,w/R1642B cstg.in pl EA '5 1,100.00 5 5,500.00 12 4'dia.MH depth greater than 8'deep LF 25 88.00 25 2,200.00 13 8"x4"PVC,Schedule SDR 26,wye branch in place with bedding EA 1 27.50 1 27.50 14 8"x4"PVC,Schedule SDR 35,wye branch in place with bedding EA 7 27.50 7 192.50 15 Reconstruct ex.structures per specifications LF 4 110.00 3 330.00 16 Adjust ex.structures per specifications EA 6 330.00 6 1,980.00 17 Improved pipe fdn.mtl.,6"thick in pl. LF 600 0.01 18 1-1/4"clear rock for mud break in pl. TN 140 11.00 19 Traffic control,all phases of work incl.all signs,barricades,flagpersons,flashers&all else necessary LS 1 2,000.00 1 2,000.00 Total Part 1-Sanitary Sewer $22,769.10 Part 2-Water Main 20 6"DIP,Cl.52,7-1/2'min.cover in pl. LF 820 13.20 812 10,718.40 21 6"gate valve and box in place EA 1 385.00 3 1,155.00 22 5"valve hydrant in place EA 4 1,210.00 4 4,840.00 23 Valve box extension in place LF 2 16.50 2 33.00 24 Reconstruct ex.valve box per specifications LF 8 27.50 9 247.50 25 Adjust ex.valve box per specifications EA 4 55.00 2 110.00 55120.request.wb2 III • 26 WB-67 hydrant barrel extension in place LF 2 0.01 1 0.01 27 C.I.fittings in place LB 1,100 0.77 1,008 776.16 28 Cut into ex.8"DIP&place 8"x6"tee complete in pl, including tee EA 1 550.00 1 550.00 29 Cut into ex.6"DIP&place 6"x6"tee complete in p1, including tee EA 2 550.00 2 1,100.00 30 Cut-in to ex.6"CIP EA 1 220.00 1 220.00 31 Remove ex.6"CIP incl.disposal LF 270 5.50 228 1,254.00 32 Plug existing 6"CIP EA 1 110.00 1 110.00 33 Improved pipe fnd.matl,6"thick in pl. LF 700 0.01 34 Seeding,incl.seed,mulch,fertilizer&disk anchoring AC 0.2 850.00 0.6 510.00 Total Part 2-Water Main $21,624.07 Part 3-Services 35 2"corporation stop tapped into ex.6"DIP, incl.tapping saddle,complete in place per specifications EA 3 165.00 4 660.00 36 2"curb stop and box in place EA 3 220.00 4 880.00 37 2"Type"K"copper water service in same trench with sanitary sewer service LF 220 11.00 275 3,025.00 38 1"corporation stop in place EA 26 44.00 28 1,232.00 39 1"curb stop and box in place EA 26 66.00 26 1,716.00 40 1"Type"K"copper water service in same trench with sewer service LF 1,500 5.50 1,484 8,162.00 41 Core drill ex.8"VCP and place 8"x 4"PVC saddle as per specifications EA 21 55.00 21 1,155.00 42 4"PVC,Schedule 40,sewer service in same trench with water service,incl.specified bedding LF 1,600 6.60 1,502 9,913.20 43 Improved pipe fdn.mtl.,6"thick in p1. LF 1,400 0.01 44 4"PVC in-line cleanout,Schedule 40,complete in-place,including marker EA 3 33.00 3 99.00 45 Insulate 1"copper,4"thick,complete in pl. SF 100 2.20 736 1,619.20 Total Part 3-Services $28,461.40 Part 4-Storm Sewer 46 27"RCP,Cl.4,8'-10'deep in place LF 50 27.50 26 715.00 47 27"RCP,Cl.4,10'-12'deep in place LF 30 27.50 51 1,402.50 48 27"RCP,Cl.4,12'-14'deep in place LF 75 27.50 82 2,255.00 49 18"RCP,Cl.5,8'-10'deep in place LF 20 24.20 20 484.00 50 15"RCP,Cl.5,0'-8'deep in place LF 385 19.80 427 8,454.60 51 15"RCP,Cl.5,8'-10'deep in place LF 10 19.80 12 237.60 55120\request.wb2 • • 52 12"RCP,Cl.5,0'-8'deep in place LF 605 17.60 703 12,312.80 53 12"RCP,Cl.5,8'-10'deep in place LF 35 17.60 55 968.00 54 Remove&salvage ex. 18"RCP LF 160 1.10 160 176.00 55 Remove&dispose of ex. 18"L.R.bends EA 4 1.10 4 4.40 56 Install salvaged 18"RCP LF 100 8.80 97 853.60 57 Std.8'dia.MH(Plate 1-10)constructed over ex.36"RCP,w/R1642B cstg.in p1. EA 1 3,520.00 1 3,520.00 58 Std.6'dia.MH(Plate 1-10)constructed over ex.36"RCP,w/R1642B cstg.in p1. EA 1 2,090.00 1 2,090.00 59 Std.6'dia.MH(Plate 1-10) with R1642B cstg. in place EA 1 1,760.00 1 1,760.00 60 Std.5'dia.MH(Plate 1-10)constructed over ex.36"RCP,w/R1642B casting in p1. EA 1 1,540.00 1 1,540.00 61 Std.5'dia.MH(Plate 1-10)constructed over ex. 18"RCP,with R1642B cstg.in place EA 1 1,540.00 1 1,540.00 62 Std.4'dia.MH(Plate 1-10)w/R1642B cstg. in place EA 2 880.00 2 1,760.00 63 Std.4'dia.CBMH(Plate 1-16),constructed over ex. 18"RCP w/R3067V cstg.in p1. EA 1 1,100.00 1 1,100.00 64 Std.4'dia.CBMH(Plate 1-16)w/R3067V casting in place EA 4 1,045.00 4 4,180.00 65 Std.4'dia.CBMH(Plate 1-16)w/R3290A casting in place EA 1 1,045.00 1 1,045.00 66 Precast high capacity CB(Plate 1-32)w/R1737 casting in place EA 1 1,210.00 1 1,210.00 67 Precast high capacity CB(Plate 1-32A) w/R1737 casting in place EA 1 1,210.00 1 1,210.00 68 2'x3'precast CB(Plate 1-19)with R3067V casting in place EA 7 715.00 7 5,005.00 69 Manhole depth,8'dia.greater than 8' LF 2 330.00 1.69 557.70 70 Manhole depth,6'dia.greater than 8' LF 8 220.00 7.47 1,643.40 71 Manhole depth,5'dia.greater than 8' LF 9 165.00 8.83 1,456.95 72 Manhole depth,4'dia.greater than 8' LF 2 110.00 4.6 506.00 73 Patch hole in ex.36"RCP from removed 18" RCP,complete per specs. LS 1 110.00 1 110.00 74 Remove ex.surmountable conc.curb&replace w/B618 conc.curb&gutter at SS-14A LF 30 22.00 33 726.00 75 Reconstruct ex.structure per specificatons LF 13 110.00 13 1,430.00 76 Adjust ex.structure per specifications EA 2 275.00 2 550.00 77 Remove&salvage beehive cstg.from ex. structure SS-9 EA 1 27.50 1 27.50 78 Furnish&install new R1642B cstgs.for ex. structures SS-8&SS-9 EA 2 176.00 2 352.00 551201reyuest.wb2 • w 79 Improved pipe fnd.mtl.,6"thick in pl. LF 1,200 0.01 80 Remove&replace ex.silt fence LF 200 2.00 81 Erosion control system in place per Standard Plate SP-64 LF 250 3.00 82 Erosion control system in place per Standard Plate SP-89 LF 200 2.00 83 Erosion control system for CB protection per Standard Plate SP-104 in p1. EA 13 25.00 84 Erosion control system for high capacity CB protection per specifications in place EA 2 40.00 85 Seeding,incl.seed,mulch,fertilizer,&disk anchoring AC 0.15 850.00 0.4 340.00 86 Emergency overflow swale grading&sod restoration as per specifications SY 550 3.00 Total Part 4-Storm Sewer $61,583.05 Part 5-Street Improvements 87 Remove bituminous surfacing SY 2,675 1.00 2,763 2,763.00 88 Saw cut ex.bituminous surface LF 140 2.00 223 446.00 89 Remove ex.conc.curb&gutter LF 730 1.50 710 1,065.00 90 Remove ex.set of double barricades EA 1 100.00 1 100.00. 91 Relocate existing street light EA 1 1,000.00 92 Subgrade preparation-new streets SY 1,400 0.75 2,300 1,725.00 93 Subgrade prep:reconst.area,incl.salv.& respreading ex.Cl.5&grading,per spec. SY 2,350 2.50 2,278 5,695.00 94 Core excavation 36'wide LF 1,850 0.01 1,136 11.36 95 Aggregate backfill in place TN 5,600 4.00 3,577 14,308.00 96 Class 5 gravel base in place TN 3,800 6.00 4,949 29,694.00 97 4"PPVC,SDR 26 drain line in pl. LF 200 8.00 120 960.00 98 Cut-in 4"PPVC to structure EA 4 100.00 4 400.00 99 Bit.base course mix.,Type 31,in pl.,1995 TN 780 23.00 752 17,296.00 100 Bit.wear course,Type 41,in p1.,1996 TN 750 25.00 835 20,875.00 101 Bit.material for tack coat in p1. GL 430 1.00 300 300.00 102 Surmountable conc.curb&gutter in p1. LF 3,830 4.50 3,675 16,537.50 103 B618 conc.curb&gutter in pl. LF 250 6.50 234 1,521.00 104 Bituminous curbing,machine laid LF 130 3.00 120 360.00 105 Remove&replace conc.curb&gutter,1996 LF 120 15.00 20 300.00 106 Furnish&install sign panels,Type C, high intensity grade SF 6.25 20.00 6.25 125.00 107 Blvd.grading per Spec.Prov.No.16 HR 25 60.00 18 1,080.00 108 Sodding with 4"topsoil SY 400 2.50 109 Seeding of blvds.incl.mulch&disk anch. AC 1.5 1,000.00 1.5 1,500.00 110 Preparation of bit.base as specified LS 1 3,760.00 1 3,760.00 55120\equest.wb2 • • 111 Bobcat with operator HR 15 10.00 1 10.00 112 Pickup broom with operator HR 15 10.00 Total Part 5-Street Improvements $120,831.86 Total Part 1-Sanitary Sewer 22,769.10 Total Part 2-Water Main 21,624.07 Total Part 3-Services 28,461.40 Total Part 4-Storm Sewer 61,583.05 Total Part 5-Street Improvements 120,831.86 Total Work Completed to Date $255,269.48 5512Orequestwb2 • PROJECT PAYMENT STATUS Owner CITY OF OAK PARK HEIGHTS Project No. File No. 55120 Contractor TOWER ASPHALT,INC. CHANGE ORDERS No. Date Description Amount 1 2 3 Total Change Orders PAYMENT SUMMARY No. Period Payment Retainage Completed 1 Start 5\15\95 123,624.33 6,506.54 130,130.87 2 5\15\95 6\20\95 93,255.43 11,414.72 228,294.48 3 6\20\95 1\25\96 3,411.00 11,467.72 229,354.48 4 1\25\96 10/16/96 24,619.25 12,763.47 255,269.48 5 6 7 8 9 10 Material on Hand Total Payment to Date $244,910.01 Original Contract $259,194.42 Retainage,Payment No. 4 12,763.47 Change Orders Total Amount Earned $257,673.48 Revised Contract $259,194.42 55120kequestwb2 • • r Jl onestro• 1995 Rose Rs Owner: City of Oak Park Heights, 14168 57th Street N.,Oak Park Heights,MN 55082 Date: June 20, ■ AndenikRequest No. 2 Assodlat_•, May 16, 1995 to June 20, 1995 ngineers&Architect Contractor: Tower Asphalt,Inc.,P.O.Box 15001,Lakeland,MN 55043 REQUEST FOR PAYMENT VALLEY VIEW ESTATES-PHASE II File No. 5120 SUMMARY 1 Original Contract Amount 2 Change Order-Addition $ 3 Change Order-Deduction $ $ 259,194.42 4 Revised Contract Amount $ 2284.48,45790.1g5 Value Completed to Date $ 6 Material on Hand $ 2284.48 7 Amount Earned $ 11,414.72 8 Less Retainage 5% $ 216`, 3.76 XI'`7576 9 Sub-Total $ 123,624.33 10 Less Amount Paid Previously 2 $ 23,624.43 !�� y3 11 AMOUNT DUE THIS REQUEST FOR PAYMENT NO. Recommended for Approval by: BONESTROO,ROSENE A ERLIK&ASSOCIATES,INC. :3,2 ......7 Approved by Contra s • Approved by Owner: TO_Agieligiadimag CITY OF OAK PARK HEIGHTS da..__HILIffirli."—_ .../111111% - Specified Contract Completion Date: Date: �J~ -- 1 55120/request.wb2 A • • Quantity Amount No. Item Unit Quantity Price to Date to Date Part 1-Sanitary Sewer 1 8"DIP,Cl.52, 10'- 12'deep in pl. LF 20 17.60 20 352.00 2 8"PVC,Schedule 26, 10'- 12'deep in place with specified bedding LF 15 11.00 30 330.00 3 8"PVC,Schedule SDR 26, 12'- 14'deep in place with specified bedding LF 35 11.00 109 1,199.00 4 8"PVC,Schedule SDR 26, 14'- 16'deep in place with specified bedding LF 130 12.10 79 955.90 5 8"PVC,Schedule SDR 26, 16'- 18'deep in place with specified bedding LF 75 13.20 36 475.20 6 8"PVC,Schedule SDR 35,0'-8'deep in place with specified bedding LF 20 11.00 103 1,133.00 7 8"PVC,Schedule SDR 35,8'- 10'deep in place with specified bedding LF 100 11.00 80 880.00 8 811 PVC,Schedule SDR 35, 10'- 12'deep in place with specified bedding LF 165 11.00 166 1,826.00 9 8"PVC,Schedule SDR 35, 12'-14'deep in place with specified bedding LF 65 11.00 58 638.00 10 Construct std.4'dia.MH,8'deep,over ex.8" VCP sewer,w/R1642B cstg.in pl. EA 1 2,750.00 1 2,750.00 11 Std.4'dia.MH,8'deep,w/R1642B cstg.in pl. EA 5 1,100.00 5 5,500.00 12 4'dia.MH depth greater than 8'deep LF 25 88.00 25 2,200.00 13 8"x4"PVC,Schedule SDR 26,wye branch in place with bedding EA 1 27.50 1 27.50 14 8"x4"PVC,Schedule SDR 35,wye branch in place with bedding EA 7 27.50 7 192.50 15 Reconstruct ex.structures per specifications LF 4 110.00 3 330.00 6 330.00 6 1,980.00 16 Adjust ex.structures per specifications EA1Qy�1 17 Improved pipe fdn.mtl.,6"thick in pl. LF 600 0.01 540 140 ( 1, .00 1411 18 1-1/4"clear rock for mud break in pl. TN 140 11.00 � ) 19 Traffic control,all phases of work incl.all signs,barricades,flagpersons,flashers&all LS 1 2,000.00 1 2,000.00 else necessary $24,309.10 Total Part 1-Sanitary Sewer 55120/request.wb2 2 III III Part 2-Water Main 20 6"DIP,Cl.52,7-1/2'min.cover in pl. LF 820 13.20 806 10,639.20 21 6"gate valve and box in place EA 1 385.00 3 1,155.00 22 5"valve hydrant in place EA 4 1,210.00 4 4,840.00 23 Valve box extension in place LF 2 16.50 2 33.00 24 Reconstruct ex.valve box per specifications LF 8 27.50 9 247.50 25 Adjust ex.valve box per specifications EA 4 55.00 2 110.00 26 WB-67 hydrant barrel extension in place LF 2 0.01 1 0.01 27 C.I.fittings in place LB 1,100 0.77 1,008 776.16 28 Cut into ex.8"DIP&place 8"x6"tee complete in pl, including tee EA 1 550.00 1 550.00 29 Cut into ex.6"DIP&place 6"x6"tee complete in pl, including tee EA 2 550.00 2 1,100.00 30 Cut-in to ex.6"CIP EA 1 220.00 1 220.00 31 Remove ex.6"CIP incl.disposal LF 270 5.50 228 1,254.00 32 Plug existing 6"CIP EA 1 110.00 1 110.00 33 Improved pipe fnd.mail,6"thick in pl. LF 700 0.01 34 Seeding,incl.seed,mulch,fertilizer&disk anchoring AC 0.2 850.00 $21,034.87 Total Part 2-Water Main Part 3-Services 35 2"corporation stop tapped into ex.6"DIP, incl.tapping saddle,complete in place per specifications EA 3 165.00 4 660.00 36 2"curb stop and box in place EA 3 220.00 4 880.00 37 2"Type"K"copper water service in same trench with sanitary sewer service LF 220 11.00 275 3,025.00 38 1"corporation stop in place EA 26 44.00 28 1,232.00 39 1"curb stop and box in place EA 26 66.00 26 1,716.00 40 1"Type"K"copper water service in same trench with sewer service LF 1,500 5.50 1,484 8,162.00 41 Core drill ex. 8"VCP and place 8" x 4"PVC saddle as per specifications EA 21 55.00 21 1,155.00 42 4"PVC,Schedule 40,sewer service in same trench with water service,incl.specified bedding LF 1,600 6.60 1,469 9,695.40 55120/request.wb2 3 • ! 43 Improved pipe fdn.mtl.,6" thick in pl. LF 1,400 0.01 44 4"PVC in-line cleanout,Schedule 40,complete in-place,including marker EA 3 33.00 3 99.00 45 Insulate 1" copper,4"thick,complete in p1. SF 100 2.20 736 1,619.20 Total Part 3-Services $28,243.60 Part 4-Storm Sewer 46 27"RCP,Cl.4,8'-10'deep in place LF 50 27.50 26 715.00 47 27"RCP,Cl.4, 10'-12'deep in place LF 30 27.50 51 1,402.50 48 27"RCP,Cl.4, 12'-14'deep in place LF 75 27.50 82 2,255.00 49 18"RCP,Cl.5,8'-10'deep in place LF 20 24.20 50 15"RCP,Cl.5,0'-8'deep in place LF 385 19.80 427 8,454.60 51 15"RCP,Cl.5,8'-10'deep in place LF 10 19.80 12 237.60 52 12"RCP,Cl.5,0'-8'deep in place LF 605 17.60 703 12,372.80 53 12"RCP,Cl.5,8'-10'deep in place LF 35 17.60 55 968.00 54 Remove&salvage ex. 18"RCP LF 160 1.10 160 176.00 55 Remove&dispose of ex. 18"L.R.bends EA 4 1.10 4 4.40 56 Install salvaged 18"RCP LF 100 8.80 97 853.60 57 Std.8'dia.MH(Plate 1-10)constructed over ex.36"RCP,w/R1642B cstg.in pl. EA 1 3,520.00 1 3,520.00 58 Std.6'dia.MH(Plate 1-10)constructed over ex.36"RCP,w/R1642B cstg.in pl. EA 1 2,090.00 1 2,090.00 59 Std.6'dia.MH(Plate 1-10) with R1642B cstg. in place EA 1 1,760.00 1 1,760.00 60 Std.5'dia.MH(Plate 1-10)constructed over ex.36"RCP,w/R1642B casting in pl. EA 1 1,540.00 1 1,540.00 61 Std.5'dia.MH(Plate 1-10)constructed over ex. 18"RCP,with R1642B cstg.in place EA 1 1,540.00 1 1,540.00 62 Std.4'dia.MH(Plate 1-10)w/R1642B cstg. in place EA 2 880.00 2 1,760.00 63 Std.4'dia.CBMH(Plate 1-16),constructed over ex. 18"RCP w/R3067V cstg.in pl. EA 1 1,100.00 1 1,100.00 64 Std.4'dia.CBMH(Plate 1-16)w/R3067V casting in place EA 4 1,045.00 4 4,180.00 65 Std.4'dia.CBMH(Plate 1-16)w/R3290A casting in place EA 1 1,045.00 1 1,045.00 55120/request.wb2 4 L. S 1111 66 Precast high capacity CB (Plate 1-32)w/R1737 casting in place EA 1 1,210.00 1 1,210.00 67 Precast high capacity CB(Plate 1-32A) w/R1737 casting in place EA 1 1,210.00 1 1,210.00 68 2'x3'precast CB (Plate 1-19)with R3067V casting in place EA 7 715.00 7 5,005.00 69 Manhole depth,8'dia.greater than 8' LF 2 330.00 1.69 557.70 70 Manhole depth,6'dia.greater than 8' LF 8 220.00 7.47 1,643.40 71 Manhole depth,5'dia. greater than 8' LF 9 165.00 8.83 1,456.95 72 Manhole depth,4'dia.greater than 8' LF 2 110.00 4.60 506.00 73 Patch hole in ex.36"RCP from removed 18" RCP,complete per specs. LS 1 110.00 1 110.00 74 Remove ex.surmountable conc.curb&replace w/B618 conc.curb&gutter at SS-14A LF 30 22.00 33 726.00 75 Reconstruct ex.structure per specificatons LF 13 110.00 12 1,320.00 76 Adjust ex.structure per specifications EA 2 275.00 2 550.00 77 Remove&salvage beehive cstg.from ex. structure SS-9 EA 1 27.50 1 27.50 78 Furnish&install new R1642B cstgs.for ex. structures SS-8&SS-9 EA 2 176.00 2 352.00 79 Improved pipe fnd.mtl.,6"thick in pl. LF 1,200 0.01 80 Remove&replace ex.silt fence LF 200 2.00 85 170.00 81 Erosion control system in place per Standard Plate SP-64 LF 250 3.00 59 177.00 k 82 Erosion control system in place per Standard y Plate SP-89 LF 200 2.00 96 192.00 0 83 Erosion control system for CB protection per Standard Plate SP-104 in pl. EA 13 25.00 13 325.00 84 Erosion control system for high capacity CB protection per specifications in place EA 2 40.00 85 Seeding,incl.seed,mulch,fertilizer,&disk anchoring AC 0.15 850.00 86 Emergency overflow swale grading&sod restoration as per specifications SY 550 3.00 Total Part 4-Storm Sewer $61,513.05 55120/request.wb2 5 0 ! Part 5-Street Improvements 87 Remove bituminous surfacing SY 2,675 1.00 2763 2,763.00 88 Saw cut ex.bituminous surface LF 140 2.00 223 446.00 89 Remove ex.conc.curb&gutter LF 730 1.50 710 1,065.00 90 Remove ex.set of double barricades EA 1 100.00 1 100.00 91 Relocate existing street light EA 1 1,000.00 92 Subgrade preparation-new streets SY 1,400 0.75 2300 1,725.00 93 Subgrade prep:reconst.area,incl.salv.& respreading ex.Cl.5&grading,per spec. SY 2,350 2.50 2278 5,695.00 94 Core excavation 36'wide LF 1,850 0.01 1136 11.36 95 Aggregate backfill in place TN 5,600 4.00 3577 14,308.00 96 Class 5 gravel base in place TN 3,800 6.00 4949 29,694.00 97 4"PPVC,SDR 26 drain line in pl. LF 200 8.00 149 1,192.00 98 Cut-in 4"PPVC to structure EA 4 100.00 4 400.00 99 Bit.base course mix.,Type 31,in pl., 1995 TN 780 23.00 742 17,066.00 100 Bit.wear course,Type 41,in pl., 1996 TN 750 25.00 101 Bit.material for tack coat in pl. GL 430 1.00 102 Surmountable conc.curb&gutter in p1. LF 3,830 4.50 3675 16,537.50 103 B618 conc.curb&gutter in pl. LF 250 6.50 234 1,521.00 104 Bituminous curbing,machine laid LF 130 3.00 120 360.00 105 Remove&replace conc.curb&gutter, 1996 LF 120 15.00 20 300.00 106 Furnish&install sign panels,Type C, high intensity grade SF 6.25 20.00 107 Blvd.grading per Spec.Prov.No. 16 HR 25 60.00 108 Sodding with 4"topsoil SY 400 2.50 109 Seeding of blvds.incl.mulch&disk anch. AC 1.5 1,000.00 110 Preparation of bit.base as specified LS 1 3,760.00 111 Bobcat with operator HR 15 10.00 1 10.00 112 Pickup broom with operator HR 15 10.00 Total Part 5-Street Improvements $93,193.86 Total Part 1 -Sanitary Sewer 24,309.10 Total Part 2-Water Main 21,034.87 Total Part 3-Services 28,243.60 Total Part 4-Storm Sewer 61,513.05 Total Part 5-Street Improvements 93,193.86 Total Work Completed to Date $228,294.48 55120/request.wb2 6 • PROJECT PAYMENT STATUS Owner City of Oak Park Heights Project No. File No. 55120 Contractor Tower Asphalt,Inc. CHANGE ORDERS No. Date Description Amount 1 2 3 Total Change Orders PAYMENT SUMMARY No. Period Payment Retainage Completed 1 Start 5/15/95 $123,624.33 $6,506.54 $130,130.87 2 5/15/95 6/20/95 $93,255.43 $11,414.72 $228,294.48 3 4 5 6 7 8 9 10 Material on Hand Total Payment to Date $216,879.76 Original Contract $259,194.42 Retainage,Payment No. 2 $11,414.72 Change Orders Total Amount Earned $228,294.48 Revised Contract $259,194.42 55120/request.wb2 7 Miller-Davis Co.,Minneapolis(ill 86) Form No. 120-M (1031) 11 • Minnesota Uniform Conveyancing Blanks(1986; RECEIPT AND WAIVEy,OF MECHANIC'S LIEN RIGHTS Dated: ! 9• , 19 The undersigned hereby acknowledges receipt of the sum of$ /S3o 7- ?--7 CHECK ONLY ONE 1) El as partial payment for labor,skill and material furnished 2) ❑ as payment for all labor,skill and material furnished or to be furnished(except the sum of retainage or holdback) 3) as full and final payment for all labor,skill and material furnished or to be furnished to the following described real property:(legal description, street address or project name) • � - -- PLA. a-- c,,*1,...6 R.J_ and for value received hereby waives all rights acquired by the undersigned to file or record mechanic's liens against said real property for labor,skill or material furnished to said real property(only for the amount paid if Box 1 is checked,and except for retainage shown if Box 2 is checked).The undersigned affirms that all material furnished by the undersigned has been paid for,and all subcontractors employed by the undersigned have been paid in full, EXCEPT: Asphalt I c i ' OP By kYt.i NOTE:If this instrument is executed by a cor- Secre (Title) poration, it must be signed by an of- P.O. Box 15001 ficer,and if executed by a partnership, (Address) it must be signed by a partner. Lakeland, Mn 55043 Form No. 120-M (1031) Mfiler-Davis Co.,Minneapolis(1a3.881 Minnesota Uniform Conveyancing Blanks(1986) RECEIPT AND WAIVER S OI ECHANI ' C LIEN RIGHTS Dated: November 15 , 19 96 The undersigned hereby acknowledges receipt of the sum of$ 24,619.25 CHECK ONLY ONE 1) © as partial payment for labor,skill and material furnished 2) J as payment for all labor, skill and material furnished or to be furnished(except the sum of retainage or holdback) 3) JJ as full and final payment for all labor,skill and material furnished or to be furnished to the following described real property:(legal description, street address or project name) • Valley View Estates City of Oak Park Heights, Mn and for value received hereby waives all rights acquired by the undersigned to file or record mechanic's liens against said real property for labor,skill or material furnished to said real property(only for the amount paid if Box 1 is checked,and except for retainage shown if Box 2 is checked).The undersigned affirms that all material furnished by the undersigned has been paid for,and all subcontractors employed by the undersigned have been paid in full, EXCEPT: To As 41, rP By h : NOTE:If this instrument is executed by a cor- Secreta (Title) poration, it must be signed by an of p,O, Box 15001 ficer,and if executed by a partnership, (Address) it must be signed by a partner. Lakeland, Mn 55043 • Form No. 120-M (1031) 111Miller-Davis Co,Minneapolis(10-3-86) Minnesota Uniform Conveyancing Blanks(1986) RECEIPT AND WAIVER OF MECHANIC'S LIEN RIGHTS Dated: February 26 , 19_2 The under igned hereby acknowledges receipt of the sum of$ 3,411.00 CHECK O LY ONE 1) as partial payment for labor, skill and material furnished 2) Elas payment for all labor, skill and material furnished or to be furnished(except the sum of L�JJ retainage or holdback) 3) L»._,! as full and final payment for all labor, skill and material furnished or to be furnished to the following described real property: (legal description, street address or project name) Valley View Estates — Phase II City Of Oak Park Heights and for value received hereby waives all rights acquired by the undersigned to file or record mechanic's liens against said real property for labor,skill or material furnished to said real property(only for the amount paid if Box 1 is checked,and except for retainage shown if Box 2 is checked).The undersigned affirms that all material furnished by the undersigned has been paid for,and all subcontractors employed by the undersigned have been paid in full, EXCEPT: BY - NOTE:If this instrument is executed by a cor- (Tide) poration, it must be signed by an of- P. 0. Box /15001 ficer,and if executed by a partnership, (Aad it must be signed by a partner. re Lakeland, MN 5500l 43 Form No. 120-M (1031) Miller-Davis Co..Minneapolis(10-3.86) Minnesota Uniform Conveyancing Blanks(1986) RECEIPT AND WAIVER OECHANIC'S LIEN RIGHTS S Dated: -V(9/ 3 19.4/ The undersigned hereby acknowledges receipt of the sum of$ ' '4 e:C2 `? CHECK ONLY ONE 1) ® as partial payment for labor, skill and material furnished 2) Q as payment for all labor,skill and material furnished or to be furnished(except the sum of retainage or holdback) 3) as full and final payment for all labor,skill and material furnished or to be furnished to the following described real property: (legal description, street address or project name) I/ /' 1) - — Off. I1 04.9e_ k and for value received hereby waives all rights acquired by the undersigned to file or record mechanic's liens against said real property for labor,skill or material furnished to said real property(only for the amount paid if Box 1 is checked,and except for retainage shown if Box 2 is checked).The undersigned affirms that all material furnished by the undersigned has been paid for,and all subcontractors employed by the undersigned have been paid in full, EXCEPT: 7-61,E2 R. c.Tim By i. 1. _�e 0 NOTE:If this instrument is executed by a con 4 (Title) poration, it must be signed by an of- P� , /.S 0O / ficer,and if executed by a partnership, (Address) it must be signed by a partner. Y/ RECEIPT AND WAIVER 0 ECHANIC'S LIEN RIGHTS dik Dated:May 2 1995 19 95 IF The undersigned hereby acknowledges receipt of the sum of U 123,624.33 CHECK ONLY ONE 1) © as partial payment for labor, skill and material furnished 2) ❑ as payment for all labor,skill and material furnished or to be furnished(except the sum of ' retainage or holdback) S) 0 as full and final payment for all labor,skill and material furnished or to be furnished to the following described real property:(legal description,street address or project name) • Valley View Estates-Phase II • City of Oak Park Heights • • • and for value received hereby waives all rights acquired by the undersigned to'fiile or record mechanic's liens against said real property for labor,skill or material furnished to said real property(only for the amount paid if ; Box 1 is checked,and except for retainage shown if Box 2 is checked).The undersigned affirms that all material furnished by the undersigned has been paid for,and all subcontractors employed by the undersigned have been paid in full,EXCEPT. • Tow- ,.phalt _Inc• _ By i� • :W4/f f • `� Secretary NOTE:If this instrument is executed by a cor- poration, it must be signed by an of. 15001 Hudson blvd. fiber,and if executed by a partnership, Wi ) -- . it must be signed by a partner. Lakeland, Mn 55043 . • • • • • • • • • •1 • bf77�� 9 priS • , . i ,,. , , 0 . form IC-134 Minnesota Department of Revenue Rev.11/90 Withholding Affidavit for Contractors This affidavit must be approved by the Minnesota Department of Revenue before the State of Minnesota or any of its subdivisions can make final payment to contractors. ' Company name Minnesota ID number Tower Asphalt , Inc. 9308007 Address Monthyear work began may, 1995 15001 Hudson Blvd City Lakeland, Mn 55043 Zip Code Month/Year work ended September, 1996 Please type or print clearly above. This will be your Total contract amount: $256,456.00 mailing label for returning the completed form. Telephone number Amount still due: $ 13,550. 00 (612 ) 436-8444 `f' Did you have employees work on this project? Project number: If none,explain who did the work: Project location: Valley View Estates Yes Project owner: Oak Oark Heights Address ;116Pan ?P; r33682 Check the box that describes your involvement in the project and fill in all Information requested in that category: ❑ Sole contractor 0 Subcontractor If you are a subcontractor,fill in the name and address of the contractor that hired you: rime Contractor If you subcontracted out any work on this project,all of your subcontractors must file their own IC-134 affidavits and have them certified by the Department of Revenue before you can file your affidavit. For each subcontractor you had,fill in the business information below,and attach a copy of each subcontractor's certified IC-134. (If you need more space,attach a separate sheet.) Business name Address Owner/Officer CurbMasters , Inc. 10150 101st St. No Stillwater, MN55082 Randy Callie , Pres . M.J. Raleigh Trucking P. 0. Box 261 Stillwater, Mn55082 Mike Raleigh, CEO Volk Sewer & Water,Inc 8909 Bass Creek Ct,pBrooklyn Park,Mn 55428 Debra Volk,PreS. / I declare that all information I have filled in on this form is true and complete to the best of my knowledge and belief. I authorize the Department of Revenue to disclose pertinent Information relating to this project,including sending copies of this form, to the!rime co _ I am a subcontractor,and to an bcontractors if I am a!rime contractor,and to the contractin.a,en Cont zt�1 '_. Title .,re • E:1.� _.- �M- / Q F For certification,mail original a r one copy to: Minnesota Department of Revenue,Bus ess Trust Tax Section , Mail Station 6610,St.Paul, MN 55146-6610 Certificate of Compliance with Minnesota Income Tax Withholding Law 1 Based on records of the Minnesota Department of Revenue, I certify that the contractor who has signed this certificate has fulfilled all the requirements of Minnesota Statutes 290.92 and 290.97 concerning the withholding of Minnesota income tax from wages paid to employees relating to contract services with the state of Minnesota and/or its subdivisions._/ Signature ofofau orized�Department of Revenue official eDate Ce Du ifAR 1 1 1997 Stolt No.5000,34 • • • Form • IC-134 Minnesota Department of Revenue Rev 11/90 t . j Withholding Affidavit for Contractors This affidavit must be approved by the Minnesota Department of Revenue before the State of Minnesota or any of its subdivisions can make final payment to contractors. Com Minnesota ID number Curb Masters,Inc 2207114 Add, 10150 101st Street N. Month/year work began Stillwater,MN 55082 5-95 City i Month/year work ended 6-95 Please type or print clearly above. This will be your Total contract amount: mailing label for returning the completed form. $ 20 , 732 . 80 Telephone number Amount still due: 612 ) 653-9866 $ 3, 598.6o Did you have employees work on this project? Pr.'; n m.:r: If none,explain who did the work: Project location: Protect owner: OAK YANK HEIGHTS — -- -- Address Check the box that describes your Involvement in the project and fill in all information requested in that category: ❑ Sole contractor Subcontractor If you are a subcontractor,fill in the name and address of the contractor that hired you: Tower Asphalt, Inc. P.O. Roy 15001, Lakeland, MN 55043 ❑ Prime Contractor If you subcontracted out any work on this project,all of your subcontractors must file their own IC-134 affidavits and have them certified by the Department of Revenue before you can file your affidavit. For each subcontractor you had,fill in the business information below,and attach a copy of each subcontractor's certified IC-134. (If you need more space,attach a separate sheet.) Business name Address Owner/Officer • I declare that all information I have filled in on this form is true and complete to the best of my knowledge and belief. I authorize the Department of Revenue to disclose pertinent information relating to this project,including sending copies of this form, to the prime contractor if I am a subcontractor,and to any subcontractors If I am a prime contractor,and to the contracting agency. Contractors signature Tide Date President 11/22/96 For certification,mail original and one copy to: • Minnesota Department of Revenue,Business Trust Tax Section Mail Station 6610,St.Paul,MN 55146-6610 Certificate of Compliance with Minnesota Income Tax Withholding Law Based on records of the Minnesota Department of Revenue,"certify that the contractor who has signed this certificate has fulfilled all the requirements of Minnesota Statutes 290.92 and 290.97 concerning the withholding of Minnesota income tax from wages paid to employees relating to contract services with the state of Minnesota and/or its subdivisions. Signature of authorized Department of Revenue official `/G , Date •• 0 " 4 NOV • 2 Stock No.5000134 71996 i R ''..':'17,r'y�1 . • .• Form' • • IC-134 Minnesota Department of Revenue NovRev.11/90 Withholding Affidavit for Contractors 1, 1 :, This affidavit must be approved by the Minnesota Department of Revenue before the State of Minnesota or any of its subdivisions can make final payment to contractors. Company name fpi 1'I k J Olt 1 ,f o�t Minnesota ID number / r`_\ I Zr,C o�o� � g 1 0 Address P, o, i3( c L� I 1 Month/year work began -� City S-t`I ,1,w�\A f State f1 Zro code ss-au. Month/year work ended �1/ Please type or print clearly above. This will be your Total contract amountyi mailing label for returning the completed form. �) © , Telephone number Amount still due: (( ) �S°i` t'-gg ,I p Did you have employees work on this project? W.¢ S P ••-, r: If none,explain who did the work: Project location: 1 A . r n Project owner: OAK PARK HEI GHT6 Address Check the box that describes your Involvement in the project and fill in all information requested In that category: ❑ Sole contractor [2 Subcontractor If you are a subcontractor,fill in the name and address of the contractor that hired you: Tower Asphalt, Inc. P.M. Roy 15001, Lakeland, MN 55043 ❑ Prime Contractor If you subcontracted out any work on this project,all of your subcontractors must file their own IC-134 affidavits and have them certified by the Department of Revenue before you can file your affidavit. For each subcontractor you had,fill in the business information below,and attach a copy of each subcontractor's certified IC-134. (If you need more space,attach a separate sheet.) Business name Address Owner/Officer • • I declare that all information I have filled in on this form is true and complete to the best of my knowledge and belief. I authorize the Department of Revenue to disclose pertinent information relating to this project,Including sending copies of this form, to the •rime contractor if I pm a subcontractor,and to any subcontractors if I am a prime contractor,and to the contracting agency. Contractor's signal •' Title j C_ (PrDate ) 1r IDI -CI le For certification,mail original and one copy to: , Minnesota Department of Revenue,Business Trust Tax Section i V Mail Station 6610,St.Paul,MN 55146-6610 • Certificate of Compliance with Minnesota Income Tax Withholding Law Based on records of the Minnesota Department of Revenue,'certify that the contractor who has signed this certificate has fulfilled all the requirements of Minnesota Statutes 290.92 and 290.97 concerning the withholding of Minnesota income tax from wages paid to employees relating to contract services with the state of Minnesota and/or its subdivisions.( Signature of authorized Department of NI off' • jt5ca DEC CI 1996 Stock No.5000134 . VO i tC Sewer & Water , Iris. 6125310164 P. 02 MA1 • 11111 Form IC134 Minnesota Department of Revenue Rev:11/90 Withholding Affidavit for Contractors This affidavit must be approved by the Minnesota Department of Revenue before the State of Minnesota or any of Its subdivisions can make final payment to contractors. Company name Minnesota ID number Volk Sewer & Water , Inc. _3560177 Address Month/year work began 8909 Bass Creek Court 4/.95 Cty Slate Zip Code Month/year work ended Brooklyn Park, MN 55428 7/95 Please type or print clearly above. This will be your Total ambito amount. mailing label for returning the completed form. $121,451 . 86 Telephone number Mount still due: ( 612) 537-2921 $ 7, 998. 01 Did you have employees work on this project? yes Proiect number: If none,explain who did the work: Pro-ect Ioc?tion•VALLEY V.L�;W �1:Q1eCt owner. Address 14100 N . ith btreet Oak lark lie-cab ts, MN 55082 Check the box that describes your involvement In the project and fill In all information requested in that category: ❑ Sole contractor I) Subcontractor If you are a subcontractor,till in the name and address of the contractor that hired you: • Tower Asphalt, Inc. 1500.1,_Lakeland, ) 5,5043 _ ❑ Prime Contractor If you subcontracted out any work on this project,all of your subcontractors must file their own IC-134 affidavits and have them certified by the Department of Revenue before you can file your affidavit. For each subcontractor you had,fill in the business Information below,and attach a copy of each subcontractors certified IC-134. (If you need more space,attach a separate sheet.) Business name Address Owner/Officer I declare that aft information I nave fitted In on this form is true and complete the Department of Revenue to disclose pertinent information relating to his projto the ect,Ist ncluf diknowledge and belief.o1 authorizer to the prime oonlrector e 1 am a subcontractor,end to any subcontractors it lamaprime contractor,or,and sending copies contractingis�m ca+tnetofe slgnelun► 90encL• / Cy Tete Dsls , �v--QJEL. President 11/27/96 For certification,mail original and one copy to: • Minnesota Department of Revenue,Business Trust Tax Section ! ` Mail Station 6610,St.Paul.MN 55146-6610 Certificate of Co Based on records of the Minnesota De Compliance with Minnesota Income Tax Withholding Law Department Based alt the ment of Revenue,•I certify that the contractor who has signed this certificate has requirements of Minnesota Statutes 290.92 and 290.97 concerning the withholding of Minnesota Income tax from wages paid to employees relating to contract services with the state of Minnesota and/or Its subdivisions. &gnwwu of eutiwrlsad Depanmeva Revenue°Meal Dale stedtNos000,sa • " —��_ .. • - ! DEC 41 u 199„ S D AMENDMENT TO DEVELOPER' S AGREEMENT Dated: May 19, 1995 BETWEEN: The City of Oak Park Heights, a municipal corporation; and, St . Croix Land Company, Inc. (The Developer) : WHEREAS, Developer has previously entered into a Development Agreement with the City of Oak Park Heights as it affects real property located within the City of Oak Park Heights provided for within the plat of Valley View Estates II; and, WHEREAS, Developer has proposed an Amendment to the Development plans affecting Block 1, Lots 1-8 of Valley View Estates II; and, WHEREAS, The City has conditionally approved same; and, WHEREAS, Developer is in agreement as it affects the implementation of those conditions . NOW, THEREFORE, BE IT RESOLVED AND AGREED BETWEEN THE PARTIES AS FOLLOWS: 1 . Amendment . That the Developer' s Agreement dated the 19th day of May, 1995 is reaffirmed between the parties and shall be maintained in all respects excepting that the Developer is allowed to modify his Development plans for the above-referenced property as provided for and described within the Report of the City Planner, the same being dated March 19, 1996 and April 3 , 1996 and annexed hereto and referenced herein as Exhibit A. That the Developer shall perform all conditions set forth within the Planner' s Report and shall continue to maintain and post the security otherwise provided for under the Developer' s Agreement of May 19, 1995 between the City of Oak Park Heights and the 411 • Developer. 2 . That except as allowed within the annexed Planner' s Report no other modifications or changes shall be allowed to the Development Agreement . 3 . That the By-Laws of Valley View Garden Homes West Association, a Minnesota non-profit corporation and the Common Interest Community Number 91, a Plan Community Development of Valley View Garden Homes West Declaration have been amended and the same are herewith approved by the City of Oak Park Heights as the same are annexed hereto as Exhibits B and C and may be recorded against the real estate titles thereof by the Developer. 4 . That the Developer has incorporated Valley View Garden Homes West Association as provided for under the laws of the State of Minnesota, specifically Minn. Stat . §515B.3-101 . IN WITNESS WHEREOF, the parties have hereunto set forth their f1996 . hands and seals this �J✓ day of J(2r/ CITY OF OAK PARK HEIGHTS By (1 • Barbara H. O'Neal Mayor / Mic ael J. "o•ertson Administrator ST. CROIX LAND COMPANY, INC. By a Its �� - S i • By Its VALLEY VIEW GARDEN HOMES WEST ASSOCIATION TT V Its gf> By Its STATE OF MINNESOTA ) . ss. COUNTY OF WASHINGTON) On this day of cUyIe , 1996, before me a Notary Public, within and for said County personally appeared Barbara H. O'Neal and Michael J. Robertson, 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 autho ' .f its City Council and said Mayor and Administrator ack ledged said instrument to be the free act and dee', o said municipal corporation. MARK J.VIERUNG -� NOTM Y►U/UC-MINNESOTA WAN ___ OOUNy Notary Public MrConor. Jon.it.IXI . ss . COUNTY OF WASHINGTON) On this 54h day of Q , 1996, before me a Notary Public, within and for said County personally appeared and , to me person lly nown, being g by me duly sworn did say that they are respectively the and of ST. CROIX LAND COMPANY, INC. , the corporation named in the foregoing instrument; and that the seal affixed to said instrument is the corporate seal • III of said corporation, and that said instrument was signed and sealed on behalf of said corporation by authority of its Board of Directors and said and acknowledged said instrument to be the free act and deed of said corporation. �f1 JULIE A.DIETZMANN * e„ N n v r'RlIC-MINNESOTA •e�� .I A �uNTv / Notar Pu• p' c .,"E,..0.-- ,",..�, ' 'zn.31,2000 Y STATE OF MINNESOTA ) . ss. COUNTY OF WASHINGTON) On this day of , 1996, 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 VALLEY VIEW GARDEN HOMES WEST ASSOCIATION, the non-profit 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 corporation by authority of its Board of Directors and said and acknowledged said instrument to be the free act and deed of said corporation. Notary Public 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 • • rN Northwest Associated Consultants , Inc . COMMUNITY PLANNING • DESIGN • MARKET RESEARCH • PLANNING REPORT Viat°1 TO: Oak Park Heights Mayor and City Council FROM: Cary Teague/Scott Richards DATE: 19 March 1996 RE: Oak Park Heights - Krongard PUD FILE NO: 798.02 -96.01 EXECUTIVE SUMMARY Background Mr. Jack Krongard, on behalf of Krongard Construction Company, has requested an amendment to his planned unit development (PUD) in order to re-plat eight (8) single family lots into fourteen (14) twin home lots. The new plans call for six (6) rambler style twin homes over twelve (12) of the proposed lots, and two (2), single unit homes over the remaining two (2) lots. The existing zoning of the property is R-1, Single Family Residential, which does not allow twin homes, therefore, the applicant is also requesting a rezoning of the property to R-2, Low and Medium Density Residential. The applicant is requesting an additional change to the PUD, by developing two (2), six (6) unit structures, rather than the originally proposed eight (8) units, located north of 58th Street and Osman Avenue. Attached for Reference: Exhibit A- Site Location Exhibit B - Site Plan (6-unit structures) Exhibit C - Grading and Drainage Plan Exhibit D - Proposed Plat (Valley View Estates 3rd Addition) 5775 Wayzata Blvd.• Suite 555 • St. Louis Park, MN 55416 • (612) 595-9636•Fax. 595-9837 • 111 • ISSUES AND ANALYSIS Rezoning In conjunction with the consideration of the amended PUD, a determination must be made in regard to the acceptability of the proposed land use. As mentioned previously, the proposed twin homes are not allowed in an R-1 zoning district, therefore the subject property must be rezoned to R-2, Low and Medium Density Residential District, in which twin homes are a permitted use. Rezoning Evaluation Criteria: Section 401.16.A.5. of the Zoning Ordinance directs the City to consider the possible adverse effects of the proposed use. Judgement must be based upon (but not limited to) the following factors: 1. Relationship to the municipal comprehensive plan. 2. The geographical area involved. 3. Whether such use will tend to or actually depreciate the area in which it is proposed. 4. The character of the surrounding area. 5. The demonstrated need for such use. Comprehensive Plan: The existing land use plan, as contained within the Comprehensive Plan, designates the subject site as low density residential. Therefore, -- a rezoning of the property to R-2 is consistent with the Oak Park Heights Comprehensive Plan. Compatibility: The specific proposal is to construct eight (8) twin homes on the fourteen (14) newly created lots. The proposal is compatible with the existing twin homes to the and high density residential units to the north. Mr. Krongard has proposed a multiple family structure with up to 40 units just to the north across 56th Street. That request will be handled in a future application and public hearing. To the south is the Brekke Heights, single family residential subdivision. This single family area is elevated in some places over thirty (30) above the subject site, and is screened by a wooded area. The Zoning Ordinance stipulates that the proposed use should be compatible with present and future land uses in the area. In determining the acceptability of the proposed zoning amendment, it is beneficial to examine surrounding land uses. The following-is a listing of uses and zoning designations which surround the subject site: Direction Use Zoning North Medium&High Density Residential (Twin homes&Apts.) R-2&R-3 South Single Family Residential R-1 2 • • Direction Use Zoning East Single Family Residential Medium Density Residential R-2&R-3 West Single Family Residential R-1 . As shown above, the surrounding land uses are single family and medium density; residential. The elevation of the subject site is very low compared to the single family development to the south, and there is a wooded area between the single family area and the subject site, therefore, the visual impact to the single family area to the north will be minimal. Area Depreciation: A rezoning of the property from R-1, Single Family Residential to R- 2, Low and Medium Density Residential, and the development of twin homes, should not negatively effect property values in the area. The single family development to the south is accessed by 56th Street, therefore, there will be no increase in traffic in the residential area, and the subject site is screened by a wooded area and is over thirty feet lower than the single family residential area. PUD Amendment (single family to two-family) Lot Area/Width: Based upon a rezoning of the property to R-2, the zoning ordinance stipulates that twin homes must provide not less than 6,000 square feet of lot area per unit. As shown on the submitted concept plan, twin home lot sizes range from 6,000 square feet to 10,360 square feet, therefore, comply with the minimum lot area requirements. According to Section 401.03.D.3 of the Zoning Ordinance, the base lot of a twin home must not be less than 80 feet in width (40 feet per unit). All twin home lots have been found to meet or exceed the minimum requirement. It should be mentioned however, that Lot 14 (which is to contain a single unit structure) does not comply with the 80 foot minimum lot width requirement, as it is 70 feet wide. This situation is not unusual within the twin home development to the northeast as Lots 25 and 28 do not meet the minimum width requirement and contain single unit structures. This arrangement may be allowed under the PUD arrangement. Parking:According to the Zoning Ordinance, two family dwelling units must provide two off-street parking spaces per unit. Each proposed unit appears to meet this requirement by the two stall garages. Driveways: Driveways associated with the proposed twin homes will measure at least thirty feet in length, therefor, area exists to park vehicles outside of the limits of the public street (56th Street). 3 ID• • Setbacks:The PUD Ordinance makes provisions only for interior setback deviations, all perimeter setbacks in the applicable base zoning district must be upheld. In this regard, all applicable setbacks in the R-2 (assuming rezoning) are satisfactorily met. In regard to interior setbacks, the Zoning Ordinance states that no building within a PUD may be closer to another building than one-half the sum of the building heights of the two buildings. In order to determine compliance with this requirement, the submission of building elevations will be necessary. A variation from the regulations can be granted through approval of the PUD amendment. Grading&Drainage: The applicant has submitted a detailed grading and drainage plan. Of particular concern are the grading and drainage issues along the southern property line adjacent to the single family residential area. This area contains a very steep slope in which drainage will flow towards the building pads for the proposed homes. Said grading and drainage plan shall be subject to review and approval of the City Engineer. Park Dedication: Because the density of the development is increasing from 8 units to 14 units, causing an increase the usage of local parks, there will be a cash park dedication requirement. The requirement for twin homes is $450.00 per unit, therefore, the increase from 8 to 14 units will require a park dedication payment of$2,700 ($450.00 x 6 units). Landscaping: According to the Zoning Ordinance, a landscape plan must be submitted as part of the PUD proposal. Particular attention must be paid to the preservation of trees along the property's southern boundary. This will help screen the proposed twin homes from the existing single family homes to the south. A tree survey indicating the existing as well as trees to remain in that area will be required. Trash:While it is assumed that trash removal will be responsibility of individual property owners, this should be verified by the applicant. If centralized dumpster facilities are to be used, the location should be specifically identified. . Utility Plan: In accordance with PUD submission requirements, a utility plan should be submitted for review. Said plan shall be subject to review and approval of the City Engineer. Signage: If signage is to be erected as part of the PUD, detailed sign plans should be submitted in accordance with Ordinance provisions. Sign plans should identify the location, type, and size of all proposed signage. Building Type: As a condition of the PUD amendment, specific building plans of the various structure types should be submitted subject to City approval. Such submissions will be necessary to determine compliance with applicable building height requirements. 4 • S • Restrictive Covenants:As a condition of the.PUD amendment, all restrictive covenants associated with the proposed development must be submitted to the City for review and approval. Development Contract:The City attorney shall review the existing development contract and determine if any revisions are necessary as a result of the proposed PUD amendment. Easements: In accordance with the City Subdivision Ordinance, drainage and utility easements should be established along all lot lines. Said easements are subject to review and approval by the City Engineer. PUD Amendment (eight unit structure to six unit) Townhomes:According to Section 401.03.D.2 of the Zoning Ordinance a townhome must provide 4,000 square feet of lot area per unit. As shown below, the proposed townhomes located north of 58th Street (including the 12 units south of the proposed change area) satisfy the Ordinance lot area requirement: Number Lot Area of Units Total Lot Area Per Unit 24 130,680 sq. Ft. 5,445 sq. feet (3 acres) Off-Street Parking: As the width of the private streets are 24 feet, parking will not be.. . .. allowed on the street to ensure effective traffic movement and area safety. According to the Zoning Ordinance, two family and multi family dwelling units must provide two off-street spaces per unit. Eight(8) of the twelve (12) units meet the City's parking requirement for multi family dwelling units with two-stall garages. However, the four (4) interior units include one stall garages, and do not meet the minimum driveway length of twenty (20) feet required for off-street parking within a driveway. Therefore, the surface parking stalls for these units will not be allowed in that they encroach on the 24 foot access road width required for access to and around the townhome units. The developer will need to provide revised plans to assure that all parking requirements are satisfied. Setbacks:The PUD Ordinance makes provisions only for interior setback deviations, all perimeter setbacks in the applicable base zoning district must be upheld. In this regard, all applicable perimeter setbacks in the R-3 district are satisfactorily met. In regard to interior setbacks, the Zoning Ordinance states that no building within a PUD may be closer to another building than one-half the sum of the building heights of the two buildings. The subject structures will be one story, therefore, the interior setbacks will not be an issue. 5 • • • Trash:While it is assumed that trash removal will be responsibility of individual property owners, this should be verified by the applicant. If centralized dumpster facilities are to be used, the location should be specifically identified. Park Dedication: Per the City Code requirement for park land dedication, apartments, townhouses, or condominiums are required to dedicate $250.00 per unit plus $85.00 per bedroom above the first bedroom of each unit for park purposes. The applicant has not submitted building plans to determine the number of bedrooms for the proposed condominiums, therefore, the specific dedication amount cannot be determined. There may be a reduction in the previously mentioned $2,700 park dedication, as the previously approved plan was for two (2), eight(8) unit buildings, and the current proposal is for two (2), six (6) unit buildings. The applicant will be required to submit detailed building plans in order to determine the exact park land dedication. Utility Plan: In accordance with PUD submission requirements, a utility plan should be submitted for review. Said plan shall be subject to review and approval of the City Engineer. .... . • - Signage: If signage is to be erected as part of the PUD, detailed sign plans should be submitted in accordance with Ordinance provisions. Sign plans should identify the location, type, and size of all proposed signage. Building Type: As a condition of the PUD amendment, specific building plans of the various structure types should be submitted subject to City approval. Such submissions will be necessary to determine compliance with applicable building height requirements. Restrictive Covenants:As a condition of the PUD amendment, all restrictive covenants associated with the proposed development must be submitted to,the_City for review and approval. Development Contract:The City attorney shall review the existing development contract and determine if any revisions are necessary as a result of the proposed PUD amendment. Easements: In accordance with the City Subdivision Ordinance, drainage and utility easements should be established along all lot lines. Said easements are subject to review and approval by the City Engineer. 6 • • • RECOMMENDATION Based on the following review, our office recommends approval of the rezoning and PUD amendment subject to the following conditions: 1. The grading and drainage plan for both development sites shall be subject to review and approval of the City Engineer. 2. Building elevations/floor plans are submitted for the dwelling units, including both the twin homes and the six unit buildings. Said plans are necessary to determine compliance with interior setback standards, applicable to height requirements. 3. If applicable, a plan must be submitted to specify trash handling locations in both areas of the proposed PUD amendment. 4. Park Dedication shall be adjusted per each PUD amendment request. First, because the density of the development south of 56th Street is increasing from 8 units to 14, the park dedication requirement is $2,700 ($450.00 per unit increase). However, the park dedication for the six-unit condominiums cannot be determined without detailed building plans, therefore, the applicant must submit building plans to determine the number of bedrooms within each building. Once the building plans are submitted, the total park dedication amount will be determined. 5. A landscape plan must be submitted which shows the location, type, and size of all proposed plantings. Also, a tree survey is required to determine the extent of vegetation presently on the site and trees that will be saved. 6. Proposed easements established along lot lines are subject to review and approval by the City Engineer. 7. A utility plan must be submitted for both areas of the PUD amendment. Said plan shall be subject to review and approval by the City Engineer. 8. If applicable, a detailed signage plan shall be submitted, subject to review and approval by the City Council. 9. The applicant submit a copy of all restrictive covenants, conditions, and restrictions to be applied to the proposed development. All such covenants shall be subject to City review and approval. 10. Parking is prohibited along all private streets. 7 i • 11. Lots 5 and 14 shall be allowed as single family lots contingent upon approval by the Building Official of the building style. 12. The applicant submit revised plans for the six-unit apartment complexes to meet all applicable off-street parking requirements. 13. The City attorney shall review the existing development contract and determine if any revisions are necessary as a result of the proposed PUD amendment. 14. Comment from other City staff. pc: Mike Robertson Mark Vierling Joe Anderlik Jack Krongard 8 Z • • o a (,,,,)v._....,....j.....-P :if:f 7 0 LLIJ IIMMI ve � 6" s ,___ u) , z . . . ig 1721 . ICE n000 v , ' _.y w 1r',� ihi�nauHN6Bl1 ua 1( ,' i i W r- ,'T:l:. R/ . ._ � ; .4 . . w t ' 1 :R 1 1111b SCJ i . jo, $ I .SNS 1 cI: 11><��ifL, d' � :' -- — 1 Tali gaBigi:gi.tt- 1 1 ,..i i Iii Litt ooca v� •pN �.A l •1_. _ .iii �V �o!_61.,,.1 bnrMrll •. --- W If • .� ;;f 9s9apa°i� 3oB818co li f a--A.,.\ i • gl ,t ••1:MT-_ i .l� 7 �� 88 �9¢a•b.9 f ( 4j zL I i 6P , i ;::1 111 t S.Q 4/' , t� - • _ oI = • if 1 t t Gi oQ n % ce• 1 ► t I I n¢ I 1 i ;.N. O , i 1 I I \AL.4. 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L- ° I ` ' I 56-5 .I .l_ l_I� I I I 21 I 1 oI o i. 0o too 21 2 SECTION 4. TOWNSHIP 29. RANGE 20 Q ` STATE HIGHWAY' NO, 36 SCALE IN FEET BEING 10 FEET IN WIDTH AND ADJOINING -� SCAL1 INCH 50 FEE 3 J STREET AND REAR LOT LINES AND 5 FEET I `" NW I/4 �tT�' 1/^ IN WIDTH AND ADJOINING SIDE LOT LINES: ,,, UNLESS OTHERWISE SHOWN ON THIS PLAT. Pi There art so dtltagaem u:ea, the earrrat itz • 199 _ _ fats beet'sold, and trader has be FOR THIS PLAT THE WEST LINE OF THE `"I _ 199 NORTHEAST QUARTER OF THE NORTHEAST SW 1/4wnanl QUARTER OF SECTION 4. TOWNSHIP 29. $ SE 1/4 `\ ew: RANGE 20 IS ASSUMED TO BEAR NORTH 02 cl DEGREES 12 MINUTES 40 SECONDS WEST. By: air VICINTY MAP D0011110111 No. O DENOTES 3/4 INCH BY 14 INCH I nerebu oertifp slat this isrensant wasfi; IRON PIPE MONUMENT SET AND MARKED this tb BY LICENSE NO. 20270 NO MONUMENT SHOWN AT ANY STATUTE or Title.•for fyeora. iiordoth ___M. and was doll REQUIRED LOCATION INDICATES A PLAT MONUMENT WHICH WILL BE SET AND IN Br Wats • DENOTES 1/2 INCH IRON PIPE MONUMENT PLACE WITHIN ONE YEAR OF THEDei FOUND AND MARKED AS SHOWN. RECORDING OF THIS PLAT. By: KURTH SURVEYING, INC. • KRON3PG1 EXHIBIT D - PROPOSED PLAT Northwelli Associated Coltultants Inc . C COMMUNITY PLANNING • DESIGN • MARKET RESEARCH PLANNING REPORT - ADDENDUM tla \Viss TO: Oak Park Heights Mayor and City Council FROM: Scott Richards DATE: 3 April 1996 RE: Oak Park Heights - Krongard PUD FILE NO: 798.02 - 96.01 INTRODUCTION As a follow up to the 25 March 1996 City Council meeting and the concerns raised by the neighborhood and Council members, Mr. Krongard has presented plans to address the concerns, primarily with the proposal to amend the PUD to allow for construction of six twin homes and two single family instead of the eight single family units on 56th Street North. The following exhibits are attached for reference: Exhibit A -Approved Plan - North (1995) Exhibit B -Approved Plan - South (1995) Exhibit C - Revised Plans Layout Exhibit D - Revised Plans - Grading Exhibit E Proposed Unit - Lots 6 and 7 Exhibit F - Twin Home Demographics PUD AMENDMENT (SINGLE FAMILY AND TWO FAMILY) Building Type/Setbacks. Mr. Krongard has presented plans to revise the building type for proposed Lots 6, 7, 8, 9, 10 and 11 in order to shorten the depth of the units. Units 8, 9, 10 and 11 would be built as tuck-under units to accommodate the hillside. Instead of being placed at or near the rear setback line, the units have been moved north from 15 to 20 feet, resulting in setbacks from the rear property line of 45 to 50 feet. 5775 Wayzata Blvd. • Suite 555 • St. Louis Park, MN 55416 • (612) 595-9636•Fax. 595-9837 • ! Grading/Drainage. As a result of changing the proposed building style, the new grading plan is similar to what was proposed for the single family development. We recommend the City Engineer review the revised plans and make comment regarding any slope or drainage issues. Tree Cover. The revised building plans will result in less tree loss than the previous twin home plan and possibly the single family plan. The original approvals did not limit the construction of single family homes within the building footprint which could have resulted in structures 30 feet from the rear property line. The PUD amendment as now proposed that specifies building footprints within,45 to 50 feet of the rear property line will assure less disruption of the hillside and more tree preservation. As stated before, a detailed tree survey will be required of the developer to determine the extent of the vegetation presently on the site and the trees that will be served. Park Dedication. As stated in the previous planning report, with the increase of units from 8 to 14, the park dedication request will also increase by $2,700.00. PUD AMENDMENT (EIGHT UNIT STRUCTURES TO SIX UNIT) Off-Street Parking. The plans submitted by Mr. Krongard do not adequately address the required parking for the proposed six unit structures. Each unit requires two parking spaces, a minimum of 9 feet by 20 feet. The plans indicate that the west facing units of the westerly building and east facing units of the easterly building allow only 16 feet from the garage doors to the access roadway. The other units are compliant in that the driveway areas are at least 20 feet. The current design results in a parking deficiency of two stalls and a lack of driveway space to accommodate visitor parking. The City Council should hold on any approvals of this portion of the amendment until Mr. Krongard presents a plan with compliant parking. Park Dedication. The park dedication requirement for the two, eight unit buildings was $5,360.00. The proposed reduction of four units results in a required park dedication of $4,020.00 or$1,340.00 less than what was paid. Taking into account the increase in park dedication required for the single family to two family amendment, the difference would be $1,360.00 payable at the time of final plat approval. RECOMMENDATION Based upon the submittal of revised plans, our office recommends approval of the rezoning from R-1 to R-2, and PUD amendment for the single family to two family portion of the amendment with the conditions listed below. We recommend the City Council hold 2 • on giving approvals for the eight unit to six unit amendment until the parking issues has been resolved. The revised conditions of approval for both amendments are as follows; 1. The grading and drainage plan for both development sites shall be subject to review and approval of the City Engineer. 2. Building elevations/floor plans are submitted for the dwelling units, including both the twin homes and the six unit buildings. Said plans are necessary to determine compliance with interior setback standards, applicable to height requirements. 3. If applicable, a plan must be submitted to specify trash handling locations in both areas of the proposed PUD amendment. 4. Park dedication shall be adjusted per each PUD amendment request. First, because the density of the development south of 56th Street is increasing from eight units to 14, the park dedication requirement is $2,700.00 ($450.00 per unit increase). However, the park dedication for the six unit condominiums would decrease from $5,360.00 to $4,020.00 or$1,340.00 less than what was paid. Upon approval of both PUD amendments, the developer will be required to pay $1,360.00 for park dedication. 5. A landscape plan must be submitted which shows the location, type and size of all proposed plantings. Also, a tree survey is required to determine the extent of vegetation presently on the site and trees that will be saved. 6. Proposed easements established along lot lines are subject to review and approval by the City Engineer. 7. A utility plan must be submitted for both areas of the PUD amendment. Said plan shall be subject to review and approval by the City Engineer. 8. If applicable, a detailed signage plan shall be submitted, subject tor review and approval by the City Council. 9. The applicant submit a copy of all restrictive covenants, conditions, and restrictions to be applied to the proposed development. All such covenants shall be subject to City review and approval. 10. Parking is prohibited along all private streets. 3 • . . • 11. Lots 5 and 14 shall be allowed as single family lots contingent upon approval by the Building Official of the building style. 12. The applicant submit revised plans for the six unit apartment complexes to meet all applicable off-street parking requirements. 13. The City Attorney shall review the existing development contract and determine if any revisions are necessary as a result of the proposed PUD amendment. 14. Comments from other City staff. pc: Mike Robertson Mark Vierling Joe Anderlik Jack Krongard • 4 GSN-3907 Reynolds price code: 13 �O() /70 , / • rifiI Y/ ► High quality,erasable,reproducible vellums -"�77"'=" "" ► Shipped via 2nd day air within the continental U.S. �' PLUS • brick half-wall with palladian arch de- • kitchen Is planned for convenience with a • bedrooms are located to the rear of tailing adds interest to the entrance of snack bar serving the breakfast area and the home for added privacy this one-story home immediate access to garage • French doors open to the master bath • entry centers on a view of the volume • laundry room also serves as a mud featuring his and her vanities,walk-In great room's fireplace entrance from the garage closet and compartmented stool • '"t? +x~ — mss 7. _ c...6.,......ah 'III ---::.%%\,::1 -- �� -.....S, ,INlljji s ,• �cz `� .•aI' 7,--.....,-\=.�n'��� d'�IIiIIII!! Vililjj•, • pp• I •V r M.,,;;. 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It •� I rr� N CIo= 'NIP a •l /..,. ti•%17`@f/lam® l F ',,, re.,isyy lOOxlio I 1l 177x 193 ,-' l y • SNACK / I , `nFIJ SAP F•mJ • VV .. 0 8 I! L_ 1... - F: =_I ' 134x 114 of TRANS. :ii.p 4 .wi� : 4 r r• q mom / L___ TRANS. p�(�' COV1 l STOOP 1316 Finished Sq. Ft. H r EXHIBIT E PROPOSED UNIT LOIS 6 AND 7 32'-O" / e •: I• ba les Inc. 111141 • KRONGARD CONSTRUCTION COMPANY 1111116 14791 60TH STREET NORTH, SUITE 2 STILLWATER, MINNESOTA 55082 PHONE: (612) 430-2314 • FAX: (612) 430-3921 PROFILE OF TWIN HOME RESIDENTS ON 57TH STREET NORTH • 24 UNITS TOTAL 19 UNITS SOLD TOTAL PEOPLE 28 - CHILDREN -0-- 1 . 53 PEOPLE PER UNIT TOTAL CARS 23 1 .2 CARS PER UNIT 15 UNITS RETIRED 4 UNITS WORKING EXHIBIT F TWIN HOME DEMOGRAPHICS EXHIBIT B 4110 • BYLAWS OF VALLEY VIEW GARDEN HOMES WEST ASSOCIATION,A MINNESOTA NON-PROFIT CORPORATION ARTICLE I-NAME AND DATE OF INCORPORATION Section 1. Num The name of the corporation Association ("Association"). The Association is rmed is Valley View Garden Homes West S1SB.1-101 et Punt to Chapter 317A and Sections seq.,Minnesota Statutes,known respectively as the Minnesota Non-Profit Co rporation Act e Minnesota Common Interest Ownership Act(the latter being referred to herein as the "Act"), laws amendatory thereof and supplemental thereto. The terms used in these Bylaws shall have the same meaning as they have in the Act, except as otherwise specified herein. Section 2.. Date of Incorporgd..r, The Articles of Incorporation filed in the office of the Secretary of State of the State of Minnesota onof the Association were 1996. ARTICLE II-MEMBERSHIP AND VOTING Section 1. Enda/. The membership of the Association shall consist of the Unit Owners of the Units within Common Interest Community No.91 (The"CIC")known as Valley View Garden Homes West, Washington County,Minnesota Membership in the Association shall be appurtenant to,and shall not be separated from unit ownership in the CIC. A of the Association at such time as theaperson shall cease to be a member have one vote. Where there is more than one ceasesnit Owner of a Unit nit, all of such Unit Ownerser of a Unit. Each nit shall shall be members of the Association and the vote allocated to that Unit in accordance with the Declaration and these Bylaws shall be cast as the Unit Owners among themselves may determine and signify in writing to the Association,but in no event shall more than one vote be cast with respect to any Unit nor shall the vote allocated to a Unit be split or otherwise cast separately by there is more than one Unit Owner of a Unit, the Unit Owners thereof shalllno e Unit theOSecres. tary Where the Association in writing of the name of the Unit Owner who has been designateda of vote attributable to that Unit on behalf of all of the Unit Owners of that Unit. If theOwnersthe Unit cannot agree on the Unit Owner who is to be designated to cast the vote attributable to the Unit owned by such Owners, or on the manner in which such vote is to be cast, the Unit Owners shall submit such dispute to the Board of Directors of the Association. The Board of Directors shall resolve such dispute in the manner determined by the Board of Directors to be fair and equitable and such determination shall be binding on said Unit Owners. Membership in the Association shall automatically pass when the ownership of a Unit is transferred in any manner. Section 2. motion of Own r. It shall be the duty of each Unit Owner to register with the Secretary of the Association in writing (I) the name and address of such Unit Owner; (ii) the • nature and satisfactory evidence of such Unit Owner's interest or estate in a Unit; and (iii) the addresses at which such Unit Owner desires to receive notice of any duly called meeting of the Members. If a Unit Owner does not register as provided in this paragraph, the Association under no duty to recognize the rights of such person hereunder,and shall not recognizesuch shall erson's right to vote as provided herein, but such failure to register shall not relieve a iOwner of anyobligation, covenant or restriction under the Declaration or these Bylaws. If there is more than one Unit Owner of a Unit, each must execute the registration as provided in this paragraph. Section 3. Majority of Owne.l. As used in these Bylaws, the term "Majority of Owners" shall mean Owners holding 50% of the total number of votes in the Association. Section 4.Ingist Owners may execute a written proxy statement appointing to cast the Owner's vote at an annual or special Association meeting. The Owner file third partystatement with the Association secretary before the aeacProx ' statement shall be valid for a period of one year unless the proxy statement itself indicatestthat g. A proxy s valid for a different period of time. is Section 5. Ouorum. Except as otherwise provided in these Bylaws, the presence of a Majority of Owners eligible to vote, in person or by written proxy statements, shall constitute a quorum. Section 6. Place of Meetinoe. Meetings of the Association shall be held at the office of the Association or such other suitable place convenient to the Owners as the Board may designate. Section 7. AunRalludings. The first annual meeting of the Association shall be held on the second Tuesday in September, 1996. Thereafter,the annual meetings of the Association shall be held on the second Tuesdayin January uary of each succeeding year or at such other time and place as the Board of Directors may, from time to time reasonably determine. At each annual meeting, the Owners shall elect one or more Directors in accordance with the requirements of the B laws. The Owners may also transact such other business of the Association as ma Y them. Y ProP�1Y come before Section 8. Special Meshing, The Association president shall call a special meeting of the Owners if: (a) The Board adopts a resolution directing the president to call a special meeting; (b) A Majority of the Owners execute and present to the Association's secretary a petition requesting a special meeting of the Owners; or (c) A duly authorized representative of the Federal Housing Administration("FHA") or the U.S. Department of Veterans Affairs("VA")makes a written request that the Association call a special meeting of the members. 2 • No business shall be transacted at a special meeting except as stated in the notice provided pursuant to Section 9 unless four-fifths (4/5) of the Owners present in person or by proxy consent to the transaction of additional business. Section 9. Notice of M etingg. It shall be the duty of the secretary to mail a notice of each annual or special meeting to each Owner of record,at least 21 days prior to such meeting for annual meeting and at least 7 days prior to such meeting for special meetings, but not more than 30 days prior to such meeting. The mailing of a notice in the manner provided in this section shall be considered notice served. Notices of all meetings shall be mailed to the director of the local office of the FHA and VA, if applicable. The notice shall state the purpose of the annual or special meeting; the time and place where the annual or special meeting shall be held; and shall include a complete agenda for the annual or special meeting. Section 10. Adjourned Meetings. If any meeting of Owners cannot be organized for lack of a quorum, a majority of the Owners who are present, either in person or b the meeting to a time not less than 48 hours from the time the originalyo ''may adjourn process may be continued until a quorum can be obtained. meeting was called and this Section 11. Qaczafauguag. The order of business at all annual meetings of the Owners shall be as follows: (a) Roll call. (b) Proof of notice of meeting or waiver of notice. (c) Reading of minutes of preceding meeting. (d) Reports of officers. (e) Report of FHA and or VA representative, if present. (0 Report of committees. (g) Electiorl'of inspectors of election. (h) Election of directors. (I) Unfinished business. (j) New business. 3 ARTICLE III - BOARD OF DIRECTORS Section 1. Declarant Cont., . The Declarant shall designate the Association's initial Board of Directors (The "Board"). The Declarant shall also have the right to designate and select successors to the initial directors as may be required from time to time. Except as provided below, the Declarant shall control the Board of Directors for five years from the date of the filing of the Declaration. The period of Declarant control will terminate before the expiration of the five-year period only upon Declarant's voluntary surrender of control to the Owners or sixty(60) days after the date Declarant has conveyed 75% of the Units to Owners other than a Declarant. During the 60-day period referenced above, the Owners shall elect a new Board at an annual meeting or at a special meeting called for that purpose. Sixty days after the date Declarant has conveyed 50% of the Units to Owners other than a Declarant, Owners other than Declarant shall elect not less than 33-1/3%of all the members of the Board at an annual meeting or at a special meeting called for that purpose. In determining whether the period of Declarant control has terminated or whether Owners other than Declarant are entitled to elect members of the Board, the percentage of the Units which Declarant has conveyed is presumed to be that percentage which would have been conveyed if all of the Units which Declarant has built or reserved the right to build in the Declaration were included in the CIC. Since Declarant has reserved the right to add the Additional Real Estate to the CIC,the number of Units conveyed must be divided by the total number of Units which may be added (including initial units) to the CIC twenty-four (24) Units to determine if Declarant has sold the requisite percentage of Units to Owners other than Declarant. Section 2. Number and Quakathans. The Board shall consist of three members until such time as the Association holds the election required after 50%of the Units have been conveyed to Owners other than a Declarant. After that election,Board shall consist of five(5)directors. The Declarant shall select three of the directors, and the Owners shall elect two of the directors. After 75%of the Units have been conveyed to Owners other than Declarant,the Owners shall elect all five members of the Board. Each member of the Board, unless selected by Declarant under Section 1 above, shall be one of the Owners and shall reside in the CIC; provided,however, that if an Owner is a corporation,partnership, trust or other legal entity other than a natural person or persons, then any designated agent of such corporation. partnership or other legal entity, trust, may serve as a director if such agent or beneficiary, t or beneficiary of such resides in the CIC. unless an agent of the Declarant, also Section 3. Election and Term of Office. At the first annual meeting of the Association following termination of Declarant control,the term of office of two directors shall be fixed for three (3)years. The term of office of two directors shall be fixed at two(2)years, and the term of office of one director shall be fixed at one(1)year. At the expiration of the initial term of office of each respective director,the director's successor shall be elected to serve a three-year term. Directors take office upon election and hold office until successor directors are elected and hold their first meeting. Section 4. Vacancieg. Except as provided below,a majority of the remaining ors shall vote to fill vacancies on a Board even though the remaining directors may constitutelessthan a 4 • i quorum. Each director so elected shall be a director until the Owners elect a successor at the next annual meeting of the Association. The Declarant may appoint a director to fill a vacancy which occurs on the Board during a period of Declarant control. If a Majority of Owners remove a director pursuant to Section 5, the Owners shall elect a director to replace the director removed. Section 5. Removal of Directors. A Majority of Owners may, with or without cause, remove a director whom the Owners elect, but not a director whom the Declarant appoints, at any annual or special meeting duly called, and the Owners shall immediately elect a successor to fill the vacancy created. If the Owners propose the removal of a director, the director shall be given an opportunity to be heard before a vote is taken on the director's removal. Section 6. O ankational etinQ. The first meeting of a newly held within ten(10)days of election at such place the directors shall determineelected Board shall be which the directors were elected. No notice shall be necessary to the newly elected directors it the meeting order legally to constitute such meeting,provided a majority of the Board is present at the meeting. Section 7. RegidaL'Kettinga. The Board may hold re as a majority of the directors shall determ_ne. At least two regular meeting; at the time and place : •, ' meetings shall be held during each fiscal year. Notice of regular meetings of the Board shall be given to each director,personally or via mail, telephone or telegraph, at least three(3) days prior to the date of the meeting. 3 Section 8. Special M tin a. The president may call special meetings of the Board on three ( ) days notice to each director. The notice shall begiven personally or via mail, telephone or telegraph, and shall state the time, place and purpose of the meeting. The president shall call a special meeting of the Board upon the written request of at least two (2)directors. Section 9. Waiver of Notice. Before or at any meeting of the Board, any director may, in writing,waive notice of the meeting and the written waiver shall be deemed equivalt to of notice. A director's attendance at any meeting of the Board shall constitute theirirecto�egiving waiver of notice of the meeting. If all the directors are present at any meeting of the Board,no notice shall be required and any business may be transacted at such meeting. Section 10. than=. At all meetings of the Board, a majority of the directors shall constitute a quorum for the transaction of business, and the acts of the majority of the directors present at a meeting at which a quorum is present shall be the acts of the Board. If, at any meeting of the Board, there be less than a quorum present, the majority of those present may adjourn the meeting and reschedule the meeting with proper notice and for a time which is within thirty(30) days of the originally scheduled meeting. At any such rescheduled meeting, any business which might have been transacted at the meeting as originally called may be transacted. Section 11. Eleetroai Meetin . A conference among directors via any means of communication through which the participants may simultaneously hear each other during the conference constitutes a meeting of the Board if the same notice is given of the conference as would 5 • • be required for a meeting, and if the number of persons participating in the conference would be sufficient to constitute a quorum at the meeting. The participation in the meeting by that means constitutes a directors presence, in person, at the meeting. Section 12. ,Powers and Drupa. The Board shall have the powers and duties necessary for the administration of the affairs of the Association and may do all such acts and things except those which the Association is not authorized to or is prohibited from delegating to the Boards. The powers and duties of the Board acting on behalf of the Association shall include, but shall not be limited to,the following: (a) Adopting and amending Rules and Regulations governing the use of the Common Elements or the Units; (b) Adopting and amending budgets of revenues, expenditures and reserves and collecting assessments for Common Expenses from Owners; (c) Hiring and terminating managing agents and other employees, agents and independent contractors; (d) Instituting,defending or intervening in litigation or administrative proceedings in the name of and on behalf of the Association or two or more Owners on matters affecting the CIC and, under appropriate circumstances to commence any and all legal or equitable actions to enforce the provisions of the Declaration,Bylaws and Rules and Regulations of the Association. (e) Regulating the use(including prohibiting use),maintenance,repair,replacement and modification of Common Elements; (f) Causing improvements to be made as a part of the Common Elements; (g) Granting leases, licenses and concessions not to exceed one year and utility easements through or over the Common Elements; provided, however, that after conveyance to Owners other than the Declarant of Units to which more than 50%of the voting power is allocated,the Association may by resolution at a meeting of the Owners duly called grant leases,licenses and concessions in excess of one year and easements through or over the Common Elements; (h) Imposing and receiving any payments, fees or charges for the use, rental or operation of the Common Elements other than Limited Common Elements; 6 • • (I) Imposing reasonable charges including reasonable costs and attorneys' fees for the evaluation,preparation and recordation of Amendments to the Declaration,resale certificates or statements of unpaid assessments; (j) Providing for the indemnification of directors and officers and maintaining directors' and officers' liability insurance; (k) Imposing charges for late payment of assessments and, after notice and an opportunity to be heard, levy reasonable fines for violations of the Declaration, Bylaws and Rules and Regulations of the Association; (1) Opening bank accounts on behalf of the Association and designating the signatories required therefor; (m) Purchasing, leasing or otherwise acquiring Units offered for sale or lease or surrendered by their Owners to the Association in the name of the Association,or its designee, corporate or otherwise, on behalf of all Owners; (n) Purchasing Units at foreclosure or other judicial sales in the name of the Association, or its designee, corporate or otherwise, on behalf of all Owners; (o) Selling, leasing,mortgaging or otherwise dealing with Units acquired by, and subleasing Units leased by the Association or its designee, corporate or otherwise, on behalf of all Owners; (p) Organizing corporations to act as designees of the Association in acquiring title to or in leasing of Units on behalf of all Owners; (q) Obtaining insurance for the CIC,including the Units pursuant to the provisions of the Declaration; (r) Making repairs,additions and improvements to the property and repairs to and restoration of the CIC in accordance with the other provisions of the Declaration and these Bylaws,after damage or destruction by fire or other casualty, or as a result of condemnation or eminent domain proceedings; (s) Commencing appropriate legal action for collection of Common Expenses as hereinafter provided; (t) Making improvements and replacements to the CIC of a cost not to exceed $25,000 per improvement or$50,000 for all improvements or replacements over a twelve-month (12) period without further approval of a Majority of the Owners attending (personally or by proxy)at a meeting called for such purpose; 7 • • (u) Approval of all payment vouchers by an officer of the Association, or, if authorized by the Board, by the managing agent; (v) Preparing the annual report to the Owners; (w) Preparing all certificates required in connection with the re-sale of Units; (x) Settling all disputes,claims,controversies or litigation with or against Declarant, general contractors,subcontractors,architects and/or engineers relating to or arising from the construction,maintenance or operation of the Common Elements or matters common to two or more Units; (y) Exercising any other powers conferred by state law,the Declaration or Bylaws. Section 13. gra . The Board may employ a m Association at a compensation to be established by the Board, to perform such duties uutie a agent for the as the Board shall authorize and direct. ARTICLE IV-OFFICERS Section 1. Dana. The principal officers of the Association are to be a and president and a secretary-treasurer. The Board shall elect officers. The president,vice president, asecretar '-treasurer shall be directors. The directors mayappointpresident assistant secretary and such other officers as in their judgment an assistantatreasurer and an J gment may be necessary. Section 2. mon of uunma, . The Board shall elect the officers of the Association annually at the organizational meeting of each new Board. Officers shall hold office at the pleasure of the Board. Section 3. Ramityal,ndajd . A majority of the directors may, by remove any officer either with or without cause. 'the Board shall elect a successor rmativote, ar meeting of the Board or at any special meeting of the Board called for such Purpose. Section 4. Entaidrat. The president shall be the chief executive officer of the Association. He or she shall preside at all meetings of the Association and the Board. He or she shall have all of the general powers and duties which are usually vested in the president of a Minnesota non-profit corporation including,but not limited to,the power to appoint from time to time as he or she may in his or her discretion decis de aree appropriate to assist in es from among the ere conduct of the affairs of the Association. the Section 5. Vice Presid nt The vice president shall take the place of the president and perform his or her duties whenever the president shall be absent or unable to act. If neither the 8 president nor the vice president is able to act, the Board shall appoint to act as president on an interim basis. The vice president shall also perform such other duties as the Board may improve on him or her. Section 6. Sec_retarv_Tr .aarer. The secretary-treasurer shall keep the minutes of all meetings of the Board and the minutes of all meetings of the Association. He or she shall have charge of such books and papers as the Board may direct; shall, in general,perform all the duties incident to the office of secretary;shall have responsibility for Association funds and keep full and accurate accounts of all receipts and disbursements in books belonging to the Association; shall be responsible for depositing all monies and other valuable effects in the name and to the credit of the Association in such depositories as the Board may from time to time designate. ARTICLE V-BUDGET AND ASSESSMENTS Section 1. I B_ nd,4g j. Before the conveyance of the first Unit to a purchaser other than a Declarant,the Board shall adopt an initial budget containing an estimated cash irement for the expenses of the Association for the period commencing with the first day of the moment h in which the sale of the first Unit is closed and ending on December 31 of the calendar year in which such sale occurs. Section 2. Annual Bud et, For each calendar year after the year in which the first Unit is sold to a purchaser other than a Declarant, the Board shall create an annual budgetthe amount necessary to pay the cost of wages, materials, insurance, services and suppliesd ther expenses of the Association including unpaid assessments from the current or past year and the amount which the Board reasonably determines is necessary for a reserve for contingencies and replacements. On or before November 1 of each year,the Board shall provide each Owner with a proposed annual budget for the next calendar year. The posed the stimated amount needed to operate the Association, with reasonablitemization gthereof, andet shalleshall state amount of the projected annual assessment for the Owner's Unit. Each December,the Board shall adopt an annual budget for the following year. If additional Units are added to the CIC under the terms of the Declaration,the Board may adjust the annual budget and payments required thereunder to reflect such additional Units and increased Common Expenses, if any. Section 3. Annual A_ _. sm . u. Before the first Unit is sold to a purchaser other than a Declarant and on or before January 1st of each year thereafter,the Board shall assess the amount of the estimated cash requirement contained in the annual budget against the individual Units according to the Common Expense Liability assigned to each Unit in Exhibit "A"of the Declaration. The full amount of each individual Unit's share of the assessment shall be a lien against that individual Unit and the joint and several,personal obligation of Owner(s) of that individual Unit as of January 1 of the year of assessment. On the first day of each month of each year,the Owner(s)of each Unit shall pay to the Board or as the Board may direct 1/12 of the annual assessment for the Owner(s)' Unit. 9 • a Owners shall pay monthly installments of annual assessments, in full, without set-off for claims which the Owners may assert against the Association. Section 4. Special Assessments. In addition to the annual assessments levied on or before January 1 of each year, the Board may levy special assessments at such other and additional times as the Board, in its sole judgment, determines are appropriate to meet the financial needs of the Association. Such special assessments shall be levied in the same manner as annual assessments and shall be due and payable as the Board determines. Owners shall pay special assessments as the Board determines without set-off for claims which the Owners may assert against the Association. The Board may not levy special assessments in any one calendar year in excess of$5,000 without the approval of a Majority of Owners. Such approval may be solicited in writing at the annual meeting of the Owners or at a special meeting of the Owners called for that purpose. Section 5. Failure to Prepare Budget. The failure of the Board to prepare a proposed or final annual budget or to deliver either to an Owner shall not constitute a waiver or release in any manner of the Owner's obligation to pay the maintenance costs and necessary reserves, as herein provided,whenever the same shall be determined,and in the absence of any the Owner shallcontinue to pay the monthly maintenance charget then proposed or final budget monthly rate - established for the previous period until a new annual budgemailed or delivered� the Owner. ARTICLE VI-REPORTS AND CERTIFICATES Section 1. Annual u. The Association shall prepare and distribute to each Owner an annual report on or before April 1st of each year. The annual report shall contain,at a minimum, the following: (a) A statement of any capital expenditures in excess of the greater of 2%of the current budget or$5,000,000,which the Board anticipates during the current year or succeeding two fiscal years; (b) A statement of the status and amount of any reserve or replacement fund and that portion of the fund which the Board has designated for any specified project; (c) A copy of the statement of financial condition for the Association for the last fiscal year; (d) A statement of the status of any pending suits or judgments to which the Association is a party; (e) A statement of the insurance coverage provides; (t) A statement of any unpaid annual or special assessments identifying the Unit number and the amount of the unpaid assessment; 10 • (g) An itemized accounting of the Common Expenses actually incurred in the preceding calendar year, including amounts used to fund reserves, and the amount of the annual and special assessments actually collected in the preceding calendar year. Section 2, Resale of nit . The Association shall comply with all requirements of the Act relating to certificates regarding resale of Units which shall contain the following: (a) A statement disclosing any right of first refusal or other restraint on the free alienability of the Unit contained in the Declaration,Bylaws, Rules and Regulations or any amendment thereof; (b) A statement setting forth the amount of periodic installments of Common Expense Assessments and special assessments and any unpaid aid Common special assessment currently payable; Expense or (c) A statement of any other fees which Owners must pay; (d) A statement of any capital expenditures which the Association has approved for the current and next succeeding two(2)fiscal years; (e) A statement that a copy of the CIC Nat and any amendments thereof are available in the office of the Association for inspection; (f) A statement of the amount of any reserves for capital expenditures and of any portions of those reserves which the Association has designated for any specified projects; (g) The most recent regularly prepared balance sheet and income and expense statement,if any,of the Association; (h) The current budget of the Association; (I) A statement of any judgments against the Association and the status of any pending suits to which the Association is a party; G) A statement describing any insurance coverage provided for the benefit of Unit Owners. ARTICLE VII-AMENDMENTS TO BYLAWS Subject to the terms of the Declaration,the members of the Association may amend these Bylaws at an annual meeting or at a special meeting called for that Owners of at least 67%of the Units and the holders of first mortgageso purpose. To bee ft n on at least 67%of the Units 1i subject to first mortgages(eacTi mortgage having pt • of the amendment in person or by written proxy, and the Association musts record o d the amendment) must vote in favor in the appropriate county land records. During the period that the Declarant is in control of the Association, the Bylaws may not be amended without the prior written consent of the VA. ARTICLE VIII-NOTICES Section 1. Notice of hap a of Resident. lithe Owner is not residing in the Owner's Unit, the Owner shall promptly notify the Association through the managing agent,if any,or the president if there is no managing agent, of the name of the resident of the Owner's Unit; the address of the Owner's new residence or corporate or partnership offices, as the case may be; and the Owner's current mailing address, and the Association shall maintain such information in a record book. Section 2. Notice to Association. An Owner who mortgages his Unit shall notify the Association through the Managing agent, if any, or the president in the event there is no managing agent, of the name and address of his mortgagee; and the Association shall maintain such information in a record book. Section 3. NaimolljnizailLimummta. The Association .shall at the wri a mortgagee of a Unit report any unpaid assessments due from the Owner of suchni request of _ ARTICLE IX-INDEMNIFICATION Section 1. General. Subject to Section 2 hereof, the Association shall fy each person who is or was a director, officer, member of any committee which the Board ofDirectors forms, or serving the Association as the Association's appointed corporation or legal entity for actions which the representative to some other on behalf of the Association, as set forth in Section 31 of the Declaration.sions which the person makes Section 2. Limitattasnindsmnithamm. Indemnification X hereof, shall be for the sole and explicit benefit of the pursuant to Section 1 of Article therein other person, corporation or legal entity of whatever nature shall have anyesslidentified is thereunderand ay of voluntary or involuntary assignment, subrogation or otherwise. yby way Section 3. Insurance. To the extent reasonably available, the Association shall maintain and pay for a contractual liability endorsement to the Association's liability insurance policy to insure its obligations under Section 1 of this Article 1X. ARTICLE X-COMPLIANCE These Bylaws are set forth to comply with the requirements of the Act and the Declaration. In case any of these Bylaws conflict with the provisions of said statute, it is hereby agreed and accepted that the provisions of the Act will apply unless expressly stated otherwise. 12 1110 The foregoing Bylaws of the Valley omes West• non-profit corporation, were adopted by action f its Board of Directoron Association,hea Minnesotaf , 19_ day of By id6a Its President By Its Secretary-Treasurer STATE OF MINNESOTA ) COUNTY OF WASHING T ON)ss. The foregoing instrument was acknowledged before me this 19by ._._._ day of President and Sac the Secretary-Treasurer of Valley View Garden Homes West Association,a Minnesota non-profit corporation, on behalf of the corporation. Notary Public This Instrument was drafted by: LAWSON, MARSHALL,McDONALD & GALOWITZ,P.A. 3880 Laverne Avenue North Lake Elmo,Minnesota 55042 Telephone: (612) 777-6960 JSM U:1CUIPMSTatOLA,R BYI,AWS.91 13 EXHIBIT C • rammaukazgraLcomazinumumuL A PLANNED COMMUNITY D +VEr OpMrr VALLEY VIEW GARDEN HOMES w— ESj DECLARATIQN THIS DECLARATION OF COMMON INTEREST COMMUNITY is executed as of this ._._day of May, 1996. WITNESSETH: WHEREAS,St. Croix Land Co. Inc., a corporation under the laws of the State of Minn ("Declarant"), is the fee owner of certain real property herein described("Property"); ande�m WHEREAS, Declarant is desirous of developing the Property as a planned community development; and t5 WHEREAS,Declarant intends to improve said property by constructing thereon twin home structures containing a total of two (2) Units (as that term is later defined) each, together with appurtenances thereto, collectively known as VALLEY VIEW GARDEN HOMES WEST, said structure having been constructed as a common interest community VALLEY VIEW ESTATES recorded in Washington County, �accordance with the plat of Statutes Chapter 505 ("CIC Plat"), which plat is incorporateherein by thiesota, reference; anursuant to �esota WHEREAS, in order to effect the preservation of the values and amenities of the planned community and to receive the power to attend to and effectuate policies and programs that will enhance the pleasure and value of the planned community and to maintain, administer and enforce the covenants,conditions and easements and restrictions contained herein and to collect and disburse assessments and charges hereafter created a corporation known as VALLEY VIEW GARDEN HOMES WEST ASSOCIATION,has been created under Chapter 317A of the Minnesota Statut for the purpose of exercising the aforesaid functions; and es WHEREAS, the Declarant hereby establishes by this Declaration a plan for the individual ownership of the real property estates consisting of Lots(as that term is defined herein). NOW, THEREFORE,the Declarant,as the fee owner of those certain tracts of real property ("Property") and improvements thereon located in the County of Washington, State of Minnesota and legally described as: Lots One (1) through Fourteen (14) inclusive„ VALLEY VIEW ESTATES 3RD ADDITION, hereby makes the following declaration to the Minnesota Common Interest Ownership Act, Minnesota Statutes Section 5158.1-101 to 515B.4-118 (hereinafter the "Act") as to divisions; • • covenants,restrictions, limitations, conditions and uses to which the above-described real property and improvements thereon above described, consisting of one structure (hereinafter, "Building") containing two(2)separate Units(as that term is later defined), and other appurtenances,maybe pu hereby specifying that said Declaration shall constitute covenants which shall run with the put, shall be binding on the Declarant,its successors and asst land and part of said real property and improvements, together their grant esuent,owners heirs, executors, administrators, devisees or assigns. Terms not otherwise defined herein shall have the meaning ascribed to them in the Act. ARTICLE I CREATION OF UNITS A N D COMMON* y mm Section 1. Establishment of ICThe Declarant, in order to establish a plan of CIC and . ownership for the above-described Property improvements thereon hereby covenants,agrees and declares that it hereby divides the Property and improvements therein into separate parcels of real estate, within the meaning of Section 515B.1-103 of the Act, and that such CIC division of such Property and improvements shall hereafter be known as VALLEY VIEW GARDEN HOMES WEST, CIC Number 91 (hereinafter "CIC") and such CIC division shall be upon the terms and conditions hereinafter set forth: (a) UNITS. Each separately described Lot on the CIC Plat shall constitute (hereinafter"Unit" or"Lot"). Unit boundaries of Units shall be the boundary a Unit as designated on the CIC Plat. All Units shall be restricted to residential use. line (b) COMMON ELEMENTS. The common elements (hereinafter "Common Elements")shall mean all portions of the CIC other than the Units. (c) LIMITED COMMON ELEMENTS. A portion of the Common Elements is hereby set aside and allocated for the exclusive use of one or more but fewer than all of the Units, in the manner set forth hereinafter in this Declaration, said areas to be known as"Limited Common Elements". The Limited Common Elements allocated for the exclusive use of the respective Units are as follows: Those set forth in the Minnesota Statutes Section 515B.2-102(0. Section 2. CIC Not Subject to onversion .;rdino . The CIC is not subject to any ordinance provided for in Section 515B.1-106 of the Act relative to the conversion of buildings to CIC ownership. Section 3. Zimsgbars1 The CIC shall not Elements or Limited Common Elements. permit timeshare of any Units, Common Section 4. Master Association, The CIC is not subject to a master association. 2 • • ARTICLE II MAINTENANCE RESPONSIBILITIES Section 1. Maintenance by Association and by Unit Owners. Except as otherwise required under the Act,the Association shall be responsible for maintenance,repair and replacement of all Units and Common Elements except the following (I)the area or space contained within the perimeter walls of each Unit; (ii) the interior Party Walls, including all paneling,tiles, wallpaper, paint or other finishing materials applied to interior surface of Party Walls; (iii) Awnings; (iv) Shutters; and (v) external air conditioning equipment. Each Unit Owner, as the term is defined in Section 515B.1-103(35)of the Act, shall be responsible for maintenance, repair and replacement of the items excepted above. To the extent not inconsistent with the provisions of this Declaration,the general rules of law regarding party walls and of liability for property damage due to negligent or willful acts or omissions shall apply to the Party Walls. Subject to the provisions of this Article, the costs of reasonable repair and maintenance of Party Walls shall be shared equally by the Unit.Owners who make use of the Party Walls, in proportion to such use. To the extent not otherwise covered by insurance carried by the Association, if a Party Wall is damaged or destroyed by fire or other casualty, any Unit Owner who has used the Party Wall may restore it, and, if the Unit Owners thereafter make use of the Party Wall,they shall contribute to the costs of restoration in proportion to such use, without prejudice, however, to the right of any such Unit Owners to require larger contribution or reimbursement from the other Unit Owners under any rule of law regarding liability for negligent or willful acts or omissions. Notwithstanding any other provision of this Article, a Unit Owner who, by his negligent or willful act, causes the Party Wall to be exposed to the elements shall bear the entire cost of furnishing the necessary protection against such elements. Each Unit Owner shall afford to the Association and the other Unit Owners, and to their agents or employees, access through his or her Unit and Limited Common Elements reasonably necessary for those purposes. In addition, the Association shall have a reasonable right of entry to and upon each Unit and its Limited Common Elements to effect emergency or other necessary repairs which the Unit Owner has failed to perform. The Association, upon the vote of fifty-one (51%) of the members of its Board of Directors, but subject always to Section 515B.3-102(a)(9), shall also have the right to grant utility easements under, through or over the Common Elements which are reasonably necessary to the ongoing development and operation of the CIC. The rights of each Unit Owner and the Association to the Common Elements are subject to all matters appearing on the CIC Plat. Section 2. Damage to Common Elements or Unite. If damage is inflicted on the Common Elements or any Unit through which access is taken,the Unit Owner responsible for the damage, or the Association, if it is responsible,is liable for the prompt repair thereof. Such Unit Owner's share 3 of any expense for such damage may be assessed by the Association against such Unit Owner's Unit in the manner of an assessment under Article V hereof. ARTICLE III ALLOCATION OF COMMON EXPENSES Section 1. Common Expense Assessment. From and after the adoption of the budget and the levying expenses by the Association under Section 515B.3-115 of the Act, each Unit Owner covenants to pay common expense assessments (as the term is used in Section 515B.2-108 of the Act). Common expense assessments shall be allocated among the Units in the manner set forth on Exhibit A. Pursuant to Section 515B.3-115(hx2) of the Act, the Association may assess any common expense benefiting less than all of the Units against the Units benefited. Common expense assessments (other than special assessments) shall be payable monthly as provided in the Bylaws. Section 2. 4 r, < :. It fleclara k. Pursuant to Section 515B.3-115 of the Act, the Declarant is hereby authorized to establish an alternative assessment program. Notwithstanding Section 1 hereof,the annual or special assessments for any Units owned by Declarant and improved with a completed Building, but unoccupied by a tenant of Declarant, shall be Iimited to twenty-five percent(25%)of the amounts fixed with respect to Units owned by Owners other than Declarant until such time as a certificate of occupancy is issued by the City of Oak Park Heights for the Unit(s)owned by Declarant. (a) Maximum Amount of Assessment as to each Unit. Until January 1st of the year immediately following the year of conveyance of the first Unit to an Owner,the maximum annual assessment permitted with respect to each Unit shall be$1,800.00 annually, or, if collected monthly, $150.00 per month. From and after January 1st of that year, assessments shall be determined by the Board of Directors. (b) Duration of Alternate Assessment Program. The alternate assessment program shall be effective for a period of not less than one year, but shall not continue beyond the expiration of the period of Declarant Control. (c) Expiration of Authority to Commence Program. Declarant's authority to commence the alternate assessment program shall expire no later than the expiration of the period of Declarant Control,as set forth in Article VI, Section 2 hereof. (d) Level of Services. The alternate assessment program shall have no effect on the level of services for items set forth in the Association's budget. Section 3. Deficiency Contributions. For every calendar year during which Declarant remains in control of the Association, Declarant shall contribute to the Association all funds in excess of the budgeted and collected assessments which shall be necessary to defray the costs 4 ! • properly paid or incurred by it for the purposes for which annual assessments may be collected all without limitation to the maximum amounts provided herein. Declarant's contribution for the calendar year during which Declarant's control terminates shall be prorated to the date of such termination. For purposes hereof, the establishment of reserves pursuant to this Declaration does not constitute payment or incurring of costs by the Association and Declarant's deficiency contribution shall not be required to be applied to the establishment of reserves. Section 4. Date of Commencement of Annual Assessments. Due Dates. The annual assessments provided for herein shall commence for any Unit within the Property or any phase • thereof annexed to the Property on the day of conveyance of the first Unit in the Property phase and shall be prorated for the month of said conveyance. The Board of Directors shall fix the amount of the annual assessment against each Unit at least ce of each assessment period and in lieu thereof,the amount of the prior year'srannual asses ssmen t shall shall be the fixed amount. Written notice of any changed amount of the annual assessment shall be sent to every Owner subject thereto. The due dates when said annual assessments are due and-payable shall be established by the Board of Directors. Section 5. Capital Contribmfinn. At the time of the initial sale of any Unit from Declarant to any Owner, such Owner shall pay to Declarant for the use of the Association a sum equal to twice the monthly charge for the annual assessment then in effect. Such sum shall be delivered by Declarant to the Association for use as described in this Declaration. The Capital Contribution for any Unit shall be levied only upon the sale by Declarant to an Owner and shall not be levied on any subsequent sales of the Unit. ARTICLE IV LIABILITY FOR ASSESSMENTS Section 1.- Lien of Association. The Association shall have a lien on each Unit for any assessments levied against that Unit,as provided ander Section 515B.3-116 of the Act and such lien shall have the priority and may be foreclosed in the manner provided in the Act. Ilan assessment is payable in installments, the full amount of the assessment is a lien from the time the first installment thereof becomes due. Fees, charges,late charges Section 5158.3-102 (10), (11), and (12) off the�Act shall be,enforceable as assefines and interest ssments.es puPast to d assessments, and amounts enforceable hereunder as assessments, shall bear interest at the rate established with respect to judgments under Minnesota Statutes Section 549.09. Section 2. No Waiver of Liability. Each Unit Owner at the time an assessment is payable is personally liable to the Association for the payment of the assessment against his or her Unit, as provided in Section 515B.3-116(e) of the Act, and no Unit Owner may exempt himself or herself 5 • • from the common expense liability by waiver of the use or enjoyment of any of the Common Elements or by the abandonment of his or her Unit. Section 3. Liability of(:ra.,tpp f.,..rt •� . of a Unit(except as provided with respect to First Mortgagees under Article. In XV hereof)the conVeyantee of the Unit shall be jointly and severally liable with the Association against grantor for all unpaid assessments by the grantor for his or her share of the common expenses up to the time of the grant or conveyance, without prejudice to the grantee's right to recover from the grantor the amounts paid by the grantee therefor. However,any grantee shall be entitled, upon written request,to a statement setting forth the amount of unpaid assessments currently levied against his or her Unit, as vi in Section 5158.3-116(g) of the Act. pro ided Section 4. Reserve for Reniaceme*+t Nr.,.,+ki expenses shall include an adequate fund for replacement of Unit, Common ncuunatt Element or commond Common Element components which the Association is so obliged to maintain,repair or replace.t Said fund shall be funded by monthlypaymentsy addition, there shall be a capital contribution fund not initial months special 1��snsofthe C equal to at least two months' estimated common expenseP tion of the CIC for each unit. ARTICLE V VOTING' RiGirre Section 1. Allot gII. Voting rights in the Association shall be allocated as set forth on Exhibit A. Section 2. Int Coetrnt. Notwithstanding the vote of any Unit Owner to the contrary, the Declarant hereby reserves a period of Declarant control of the Association during which Declarant,or persons designated by the Declarant,may appoint and remove the officers and directors of the Association. Said reservation of Declarant control is subject to the following: (a) The maximum period of Declarant control may extend from the date of the first conveyance of a Unit to a Unit Owner other than a Declarant for a period not exceeding five(5)years. (b) Notwithstanding subsection(a)above, the period of Declarant control shall terminate upon the earlier of(I) surrender of control by the Declarant or(ii) sixty (60) days after conveyance of seventy-five percent (75%) of the Units to Unit Owners other than Declarant. (c) Not later than sixty(60)days after conveyance of fiftyo f the Units that may be created to Unit Owners other than Declarapercent ans milia a of 6 S Declarant, a meeting of the Unit Owners shall be held at which not less than thirty three and one third percent (33 1/3%) of the members of the board shall be elected by Unit Owners other than Declarant or an affiliate of Declarant. (d) Not later than the termination of Declarant control, the Unit Owners shall elect a Board of Directors of at least three members. Thereafter, a majority of the directors shall be Unit Owners other than Declarant or an affiliate of Declarant. The remaining directors need not be Unit Owners unless required by the Articles of Incorporation or Bylaws. All Unit Owners,including the Declarant and its affiliates, may cast the votes allocated to any Unit owned by them. The board shall elect the officers. The directors and officers shall take office upon election. (e) In determining whether the period of Declarant control has terminated under subsection (b), or whether Unit Owners other than a Declarant are entitled to elect members of the Board of Directors under subsection(c), the percentage of the Units which have been conveyed shall be calculated based upon the assumption that all Units which the Declarant has built or reserved the right to build in the Declaration are included in the CIC. (f) Except as otherwise provided in this subsection, meetings of the board of directors must be open to all Unit Owners. To the extent l give reasonable notice to the Unit Owners of the date, time and placcee of a boardard ar meeting. If the date,time and place of meetings are provided for in this Declaration, the Articles of Incorporation or Bylaws of the Association, were announced at a previous meeting of the board,posted in a location accessible to the Unit Owners and designated by the board from time to time, or if an emergency requires consideration of a matter bythe board, immediate notice is not required. "Notice" has the meaning given in Minnesota Statutes Section 317A.011, subdivision 14. Meetings may be closed to discuss the following: (1) personnel matters; (2) pending or potential litigation, arbitration or other ly adversarial proceedings, between Unit Owners, between the board or Association and Unit Owners,or other matters in which any Unit Owner may have an adversarial in determines that closing the meeting if the board g is necessary to discuss strategy or to otherwise protect the board or Association or the privacy of a Unit Owner or occupantposition of the or of a Unit; (3) Criminal activity arising within the CIC if the board determines that closing the meeting is necessary to protect the privacy of the victim or that opening the meeting would jeopardize the investigation of the activity. 7 • 4111 Nothing in this subsection imposes a duty upon the board to provide special facilities for meetings. The failure to give notice as required by this subsection shall not invalidate the board meeting or any action taken at the meeting. ARTICLE VI kA k!_ • • 4 Section 1. Miscellaaeo uovenantQ this Declaration, and any future Unit O b Declarant, �epi ceoof deer d t�successors and assigns, by as follows: o a Unit, covenant and agree (a) Leases. No Unit Owner shall be permitted to lease his or her Unit for transient or hotel purposes. No Unit Owner may lease less than the entire Unit and no lease shall provide an initial term(exclusive of extensions or options to renew) of less than thirty(30)days. Any lease agreement shall provide that the terms of the lease shall be subject in all respects to the provisions of the Declaration and the terms and the Bylaws of the Association and that any failure by the lessee to comply with the terms of such documents shall be a default under the lease. All leases shall be in writing. In the event any Owner leases his or her Unit,the Owner shall at all times keep the Association advised in writing of the address of his or her current residence and any changes thereto, and of the name(s) of his or her tenant(s). Other than the foregoing, there is no restriction on the right of any Unit Owner, including the Declarant, to lease any Unit. (b) Encroachments. If any portion of the Common elements encroaches upon any Unit, or if any Unit shall encroach upon any other Unit or upon any portion of the Common Elements,as a result of the present construction of a Building,or if any such encroachment shall occur hereafter as a result of � sag or structural adjustment of the building(as distinguished, eomctable suddenexpansion, nthcad , extreme and accidental change by Acts of God or other accidentaluses), a valid easement for the encroachment and for the maintenance of the same, as long as the Buildin stands,shall exist. If a building,or anyadjoiningg g part of the Common Elements shall be partially or totally destroyed as a result of fire or other casualty and then rebuilt in substantial accordance with the CIC Plat,encroachments of parts of the Common Elements upon any Unit or of any Unit upon any other Unit or upon any part of the Common Elements,due to such rebuilding, shall beva ments for such encroachments and the maintenance thereeopermitted,aexist sol long as the particular Building shall stand and such encroachments and easements shall not affect marketability of title. Nothing herein contained shall be construed as contrary to the conclusive presumption of Section 5158.2-115 of the Act that the existing physical boundaries of a Unit or a Unit reconstructed 8 • in substantial accordance with the CIC Plat are to be the boundaries of the Unit regardless or lateral movement of a Building. of settling (c) Ingress and Egress of Unit Owners. There shall be no restriction upon any Unit Owner's right of ingress to and egress from his or her Unit. (d) Administration. The administration of the CIC shall be in accordance with the provisions of the Act, this Declaration and the Bylaws of the Association. (e) Compliance with Declaration,Bylaws and Rules and Regulations. Each Unit Owner, tenant or occupant of a Unit shall comply with the provisions of this Declaration, the Bylaws and rules and regulations of the Association or its representative, as lawfully amended from time to time, and failure to comply with any such provisions, rules or regulations,shall be grounds for action to recover sums due, for damages, or for injunctive relief. (f) Use of Common Elements. There shall be no obstruction, littering, defacement or misuse of Common Elements nor shall anything be stored in the Common Elements except in areas designated for such storage by the Board of Directors of the Association. (g) Exterior Appearance of Building. No Unit Owner or occupant of anyUnit shall cause or permit anything to be hung, displayed, windows of any Building(with the exception � Yom, or placed on the outside of draperies,blinds and shades),on the outside of exterior doors, or on the outside walls or roof of such buildings; no exterior awnings,shutters, canopies,radio or television antennas shall be any signs affixed to or placed upon exterior walls or roofs or anypart erected other nor parts of the Common Elements(except for Declarants right to signs ur uant to Article XI hereof);nor shall any change in the outside ah placePursuant rance of any exterior surface of a Building be made without the prior written consent of the Appearance Control Committee,pursuant to Article VIII hereof. (h) Residential Use. The Property is hereby restricted to residential dwellings, and ancillary and accessory uses and buildings in connection therewith ex model homes and sales offices which maybe operated (except for during the construction or sales by Declarant or its designees, period). All buildings or structures erected on the Property shall be of new construction and no buildings or structures shall be moved from other locations to the CIC. No building or structure of a temporary character, trailer, tent, shack, garage, barn, or other outbuilding shall be placed on or used on any Unit at any time as a residence, either temporarily or permanently. (i) Animals. No animals shall be permitted to be kept on the Pro Owner or occupant of a Unit except conventional domesticated PAY by any Conventional domestic animals animals kept as pets. specifically exclude among other animals,snakes, 9 S reptiles of any sort, and large cats such as tigers, lions, cougars and the like. No kennel, doghouse or outside run shall be constructed or maintained on the property, except with the approval of the Association. The Association may regulate the size, materials and location of any approved kennel or doghouse. No pet shall be kept for any commercial purpose nor shall pets be bred for a commercial purpose upon the Property. Any cat or dog, whenever outside of a Unit, shall be kept under the direct control the pet owner or another person able to control of the pet. No pet shall be left outside unattended, whether leashed or otherwise. The person in charge of the pet must clean up after it. The Board may adopt more specific rules and regulations and penalties not inconsistent with the foregoing, and may make all or specified portions of the Common Elements off-limits to pets. Upon the petition of seventy-five percent (75%) of the Owners of the Units located within sixty-five(65)feet of the Unit in which resides a specified pet, the Board may order the removal of a particular pet for constant and uncontrolled barking,repeated instances of wandering unleashed or other repeated behavior reasonably offensive to others, provided that the Owner of the Unit harboring the pet shall first have thirty (30) days' wri notice in which to correct the pets offensive behavior. tten (j) Commercial Activities Nuisances. No advertising signs, billboards objects of unsightly appearances or nuisances shall be erected,placed or permitted to remain on any Unit, nor shall any Unit be used in any way or for any purpose which may endanger the health or unreasonably disturb the residents of the CIC except that no more than one(1) "for sale" sign or "for rent" sign of not more than five(5) square feet shall be maintained on any Unit. No commercial activities of any kind whatever shall be conducted on any Buildin intended g or on an y portion of the Property except activities primarily to service residents in the Property. The fore oin shall not apply to the commercial activities, signsg g0� any, of the Declarant or its designees, or the use or operation of ales offices or moards, lodel Units on any Units by the Declarant or its designees during the construction and sales period or by the Association in furtherance of its powers and purposes set forth hereinafter and in its Articles of Incorporation, Bylaws and rules and regulations, as the same may be amended from time to time. The Declarant and its successors and assigns shall have the right to rent any or all Units. (k) Screening, Trash Removal. All rubbish,trash and garbage shall be regularly removed from the Property and shall not be allowed to accumulate thereon. There shall be no trash piles or storage piles on the property of any Unit. The foregoing restrictions shall not apply to the activities of Declarant, its designees and those working for or on behalf of Declarant during the construction and sales period. (1) Derricks, etc. No derrick or other structure designed for use in boring, mining, or quarrying for oil or natural gas, precious minerals, shall be erected, maintained or permitted upon any Unit, provided that nothing in this Declaration shall be construed to restrict a public utility from erecting,maintaining,and operating 10 • upon any Unit owned by it within the Property, a well,housing, and equipment for the purpose of extracting from the sub-surface and/or the treatment storage and distribution of water through the system of such public utility. (m) Radio, T.V. Antennae. No radio or television receiving or transmitting antennae or external apparatus shall be installed on any Unit. Normal radio and television installations wholly within a building are excepted. (n) Maintenance of Easement Areas. Easements for installation and maintenance of the utilities, sewer pipelines and facilities and d Units, and in the Common Elements are reserved as shown on the CIC Plat oainage facilities over each of r created in accordance with this Declaration or any amendments hereof. Within these easements, no structure, planting or other materials shall be placed or permitted to remain which may damage or interfere with the installation and maintenance of utilities or which may change the direction in the flow of drainage channels in the • easements, or which may obstruct or retard the flow of water through drainage channels in the easements. The easement area of each Unit and all improvements in - it shall be maintained continuously by the Owner of the Unit, except for those improvements for which a public authority,a private or public utility company or the Association is responsible. The easement area of the Common Elements shall be maintained continuously by the Association. (o) Prohibition of Fences, Clotheslines and Storage Sheds. There shall be no fences,clothes lines,service sheds or storage sheds constructed or placed on any Unit within the CIC. (p) Storage. Outside storage of any items, including but without limiting the generality of the foregoing, sporting equipment, toys, outdoor cooking • (except lawn furniture and one gas or charcoal equipment balcony, deck or patio, if an ��Unit��may be left on y),yard and garden tools and equipment and trash and garbage containers (except on the day of pick-up) shall not be allowed. No boats, snowmobiles,trailers, camping vehicles,tractor/trailer or trucks in excess of 9,000 pounds gross weight or unlicensed or inoperable vehicles shall at any time be stored or parked outside of a Unit garage nor on the Common Elements without the express written approval of the Board, which approval may be withheld without stated reason. (q) Hazardous Activities and Waste;Alterations. Nothing shall be done or kept in any Unit or any Common Elements which will increase the rate of insurance the CIC or the contents thereof or result in increased water, sewer or other utility charges, without the prior written consent-lit the Board of Directors of the Association. No Unit Owner or occupant of a Unit shall permit anything to be done or kept in any Unit or in the Common Elements which will result in the cancellation of insurance on the CIC, or contents thereof, or which will be in violation of 11 • applicable law or ordinance. No waste shall be committed in the Common Elements. No Unit Owner shall make any improvement or alterations to his or her Unit that impair that structural integrity or mechanical systems or lessen the support of any portion of the CIC without the prior written approval of the Board of Directors of the Association, which written approval may be conditioned upon (i) the furnishing to the Association of complete plans and specifications for such alteration or improvement prepared by a licensed architect or engineer; and (ii) the furnishing to the Association of financial guarantees or assurances satisfacto to the that all claims for labor or material furnished in �' Association connection with such alternation or improvement will be fully paid and that no claims or liens will arise therefrom. ARTICLE VII CIC AS. O TATIQi Section 1.Zmukgrabia. Every person or entity, owner of a fee or an undivided fee interest in any Unit h is subject including to this Dece larations a record be a member of the Association and each purchaser of any Unit by acceptance of a deed or co shall or deed therefor covenants and contract for agrees to be a member of the Association whether or not it shall be so expressed in any deed or other conveyance. The foregoing is not intended to include persons or entities who hold an interest merely as security for the performance of an obligation including contract vendors (unless the contract for deed provides otherwise), until such time as such person acquires a fee simple interest in such Unit by foreclosure or b a edinin lieu , or, as to a contract vendor, until such time as the contract for deed is canceled. For each Unit owned, the Owner thereof shall be entitled to one1 not be separated fromm the fee ownership(1) memof any Unit.membership. Membership the purpose shall be appurtenant to and may of this Declaration, the word "Member" shall include any beneficiary of a trust holding legal title to one or more Units. Section 2. tea . Membership held by an Owner of a Unit is an appurtenance Unit and shall not be transferred, alienated, or pledged in any way, except upon thsaleto such encumbrance of such Unit, and then only to the purchaser of such Unit. Anyyattemptn to or transfer except by the sale or encumbrance of a Unit is void. Reference to thmake a f membership need not be made in an instrumenttransfer of of conveyance or encumbrance of such Unit for the transfer to be effective and the same shall automatically pass with title to the Unit. ARTICLE VIII No structure, patio, deck, post, exterior improvement or addition, landscapingor lant materials shall be erected,placed or altered on any Unit described herein(except as are italled or approved by the Declarant in connection with the initial construction of the Units and other improvements) until the buildingplans,P , specifications and plat plan showing the location and proposed erection,placement or alteration of any such structure, st, addition or a plan or description of any landscaping or plant materials have been approved in writing 12 • • as to conformity of external design and harmony with existing structures or landscaping on the Property and as to location with respect to topographyand finished ground Appearance Control Committee which shall consist of the Board of Directors of the As ocIiatioy or their nominee(s). The committee shall notify an applicant of such approval or disapproval f ior s action within thirty(30)days after said building plans and specifications and plat plan orlandsca ping plan or description have been submitted to the committee; or, in the event the committee does no disapprove of building plan, specifications and plat plan as submitted within said 30 dayperiod t no suit to enjoin the erection, placement or alteration of such structure, patio, deck, and st o improvement or addition or such landscaping or plant materials has been commenced prior other r to the completion thereof, such approval will not be required, and this covenant shall be deemed to have been fully complied with. If no application has been made to the Appearance Control Committee or their representatives, or if such application has been rejected, a suit to enjoin or remove such additions, alterations or changes may be instituted at any time by the Association or any Owner in which suit the Association or any Owner shall have the right to collect reasonable attorney's fees, costs and expenses; provided,however, no suit to enjoin or remove such additions, alterations, or changes may be commenced if unapproved improvements have been completed for aod of ninety (90) days and thereafter a deed to a new Owner is recorded, such improvements then being deemed to have been approved by the Appearance Control Committee. No member of such committee,nor its designated b performed representative, shall be entitled to any compensation for such services pursuant to this covenant. Nothing in this Article shall prohibit an owner from maintaining a garden on the lot for that individual unit. ARTICLE IX Section 1. Statutory Requirements. The Association shall: (a). Commencing not later than the time of the first conveyance of a Unit to a Unit Owner other than Declarant,maintain, to the extent reasonably available: (1) subject to subsection (b), property insurance (i) on the Common Elements and also on property,that must become Common Elements, broad form covered (ii)for causes of loss,and(iii)in a total amount of not less than the full insurable replacement cost of the insured property, less deductibles, at the time the insurance is purchased and at each renewal date,exclusive of items normally excluded from property policies; and (2) commercial general liability insurance against claims and liabilities arising in connection with the ownership, existence, use or management of the Property in an amount not less than$1,000,000.00 or otherwise deemed sufficient in the judgment of the Board, insuring the Board, the Association, the management agent and their respective employees,agents and all persons acting as agents. The Declarant shall be included as an additional insured in 13 • • its capacity as a Unit Owner or Board member. The Unit Owners shall be included as additional insureds but only for claims and liabilities arising in connection with the ownership, existence, use or management of the Common Elements. The insurance shall cover claims of one or more insured parties against other insured parties. (b) The insurance maintained under subsection(a)(1)shall include the Units and the Common Elements. The insurance need not cover improvements and betterments to the Units installed by the Unit Owners, but if improvements and betterments are covered, any increased cost may be assessed by the Association against the Units affected. The Association may, in the case of a claim for damage to a Unit or Units (i)pay the deductible amount as common expense, (ii) assess the deductible a , t the Units affected in any reasonable manner, or(iii) require the Unit Owners of the Units affected to pay the deductible amount directly. (c) If the insurance described in subsections (a) and available, the Association shall promptly cause notice of that facts to be h nd delivered or sent prepaid by United States mail to all Unit Owners. The Association may carry any other insurance it considers appropriate to protect the Association,the Unit Owners or officers, directors or agents of the Association. (d) Insurance policies carried pursuant to subsections (a) and (b) shall provide that: (1) each Unit Owner and secured party is an policy with respect to liability arising out of the Unit O n person em�ship in the Association; (2) the insurer waives its right to subrogation under the policy Unit Owner or members of the Unit Owner's household and against the Association and members of the Board of Directors; (3) no act or omission by any Unit Owner or secured party, within the scope of authority on behalf of the s hal v id the Association, policy or be a condition to recovery under the policy; and shall void the (4) if at the time of a loss under the policy there is other insurance in the name of a Unit Owner coveringproperty covered Association's policy is primary the sameby the policy,the insurance. (e) Any loss covered by the property policy under subsectiona 1 shall be adjusted by and with the Association. The insurancep ( )( ) payable to the Association, or to an insurance trustee designated for that Alossocon ss shall be for that purpose. The insurance trustee or the Association shall holdany insula nce proceeds in trust for Unit Owners and secured parties as their interest may appear. 14 • The proceeds shall be disbursed first for the repair or restoration of the damaged Common Elements and Units. Unit Owners and secured parties are not entitled receive any portion of the proceeds unless there is a surplus of proceeds after the Common Elements and Units have been completely repaired or restored or this CIC is terminated. (f) An insurer that has issued an insurance policy under this section shall issue certificates or memoranda of insurance,upon request, to any Unit Owner or secured party. The insurance may not be canceled until thirty (30) days after notice of the proposedcancellation has been mailed to the Association, each Unit Owner and each secured party for an obligation to whom certificates of insurance have been issued. • (g) Any portion of this CIC which is damaged or destroyed as a result of a loss covered by the Association's insurance policy shall be promptly repaired or replaced by the Association unless (I)this CIC is terminated and the Association votes not to repair or replace all or part thereof, ( ) p ii repair,replacement would be illegal under any state or local health or safety statute or ordinance, or(iii)eighty percent(80%)of the Unit Owners, including every Unit Owner and holder of a mortgage on a Unit or assigned Limited Common Element which will not be rebuilt,vote not to rebuild. The cost of repair or replacement of the Common Elements in excess of insurance proceeds and reserved shall be paid as a common e a Unit in excess of insurance proceeds shall be paid by the nse, and respective Unit Owner. (h) If less than the entire CIC is repaired or replaced, (i)the insurance proceeds attributable to the damaged Common Elements shall be used to restore the damaged area to a condition compatible with the remainder of this CIC, (ii) the insurance proceeds attributable to Units and Limited Common Elements which are not rebuilt shall be distributed to the Owners of those Units, including Units to which the Limited Common Elements were assigned,and the secured their interests may appear, and(iii)the remainder of the parties of those Units,ud to all the Unit Owners and secured parties as their interests mayoappear,ds shall be distributed to their common expense liability. in proportion (i) If the Unit Owners and First Mortgagees (as that term is later defined) vote not to rebuild a Unit,that Unit's entire votes in the Association and common expense liability are automatically reallocated upon the vote as if the Unit had been cote under section 5158.1-107 of the Act and the Association shall promptly prepare, execute and record an amendment to the Declaration reflecting the reallocations. Notwithstanding the provisions of this subsection, if this CIC is terminated,insurance proceeds not used for repair orreplacement in the same manner as sales proceeds pursuant to section 8 2-119 be fbuted • Section 2• the Act. insuran e for iability and Contents ,,, . ' Each Owner shall maintain at his or her own cost and exi) expenseto such insurance coverage as he or she may desire with respect (i) personal liability for acts and occurrences upon his or her Unit and within his or her 15 • Unit and (ii)physical damage losses for personalro e any improvements, additions or betterments installed either by and we contents for his or her Unit and of the initial construction, whether made inside or outside his or person r Unit, and al fu ther than as apart er main at his or her cost and expense, any special flood hazard insurance as may be required bythe tam mortgagee of his or her Unit. The Association shall have no obligation in connection theewith. Section 3. Workers► ComoeII atiAn and F:.�o�•s. T and maintain a policy or policies of insurance with ireputable insurance carriers Association bt e following coverage: g the (a) Workers'Compensation and employers' liability insurance in such form and in such amounts as may be necessary to comply with applicable laws; (b) Fidelity insurance or bonds in reasonable amounts for all officers employees having fiscal responsibilities, naming the Association as obligee; andd (c) Such other insurance in such limits and for such purpose as the Association may, from time to time, deem reasonable and appropriate. Section 4. Insuranceh ••••;••.. fixnenae. The expense of Association under this Article shall be an expense f theAssociation to wce hich ores spaidses bym the collected by the Association from the Unit Owners shall be applied. the assessments ARTICLE X CON12EZ v_ AT N Section 1. Condemnation of Unit or Com on N>l... e pertain where a Unit or anyThe following provisions shall portion thereof or the Common Elements,or any portion thereof,is made the subject of an eminent domain proceeding,proceeding in lieu of condemnation or is otherwise q by condemning authority: (a) If a Unit is acquired by eminent domain, or if eminent domain leaving the Unit Owner with apart of a Unit is acquired by or lawfully be used for anymaterial remnant which may not practically shall compensate purpose permitted by the Declaration,the award the Unit Owner and secured party in the Unit,as their interests may appear,whether or not any Common Element interest is unless the order or final certificate otherwise acquired. Upon acquisition, are automatically reallocated amongthe remainingUnits inhat s pmolo rtioated n interests respective allocated interests prior to the taking, and the Association Poto they prepare, execute and record an amendment to the Declaration reflecting the allocations. Any remnant after part of a Unit is taken under this subsection is thereafter a Common Element. 16 • • (b) Except as provided in subsection(a), if part of a Unit is acquired by eminent domain, the award shall compensate the Unit Owner and secured party for the reduction in value of the Unit and its interest in the Common Elements, whether or not any Common Elements are acquired. Upon acquisition, unless the order of final certificate otherwise provides, (i) that Unit's allocated interests are reduced in proportion to the reduction in the size of the Unit, and(ii)the portion of the allocated interests divested from the partially acquired Unit are automatically reallocated to the Unit and to the remaining Units in proportion to the respective allocated interests of those Units before the taking,with the partially acquired Unit participating in the reallocation on the basis of its reduced reallocated interests. (e) If part of the Common Elements is acquired by eminent domain,the portion of the award attributable to the Common Elements taken shall be paid to the Association. Any portion of the award attributable to the acquisition of a Limited Common Element shall be equally divided among the owners of the Units to which the Limited Common Element was allocated at the time of acquisition and their secured parties, as their interests may appear. (d) In any eminent domain proceeding, the Units shall be treated as separate parcels of real estate for valuation purposes, regardless of the number of Units subject to the proceeding. (e) Any distribution to a Unit Owner from the proceeds of an eminent domain . award shall be subject to any limitations imposed by the Declaration or By-Laws. (f) The court order or final certificate containing the final awards shall be recorded in every county in which a portion of the CIC is located. Section 2. itiassiatiglawnwatafign. The Association shall represent the Unit Owners in the condemnation,or in negotiations, settlements and agreements with the condemning authority in any condemnation of Common Elements,and each Unit Owner,by acceptance of a deed to a Unit, appoints the Association,or trustee engaged by the Association,as attorney-in-fact for such purpose. Such condemnation proceeds shall be applied for the restoration or repair of any Common Elements remaining after such condemnation,and any portion.of the award not used for any such restoration or repair shall be divided among the Unit Owners and the First Mortgagees (as later defined) in the manner prescribed by Section 515B.1-107 of the Act. ARTICLE XI SPECIAL DECLARANT RIGHTS Section 1. Special Declarant Rights. The Declarant expressly reserves the following special declarant rights, as the term is used in Section 515B.1-103(31) of the Act: 17 S O (a) To elect, or cause persons designated by it to elect,the officers and members of the Board of Directors of the Association in accordance with Article V hereof. (b) To complete improvements indicated on the CIC Plat, if any, under Section 515B.2-110 of the Act. (c) To maintain sales offices,management offices,signs C,and models,under Section 515B.2-116 of the Act(which modls may any Unit the Iowned from time to time by Declarant). (d) To use easements through the Common Elements for the purpose of making improvements within the CIC . (e) To create Units,Common Elements or Limited Common Elements within the CIC. (f) To subdivide Units or convert Units into Common Elements, Limited Common Elements and/or Units. (g) To create a master association and provide for the exercise of authority by the master association over the CIC or its Unit Owners. (h) To merge or consolidate the CIC with another common interest community of the same form of ownership. ARTICLE XII ayinitssuilaczamiamasum Each Owner,his or her successors and assigns,hereby covenants and agrees at maintain his or her Unit in a neat and proper condition and tosary all times to to the extent not provided for by the Association pursuant to this Declaration repairsthereto, ARTICLE XIII _fly. The rights and duties of the Owners of Units with respect to sewer,water,gas,telephone and cable television shall be governed by the following: I8 (a) Wherever joint house connections of sanitary and storm sewer, water, electricity, gas, telephone or cable television lines are installed within the CIC, and the connections,or any portion thereof, lie in or upon Units owned by others than the Unit Owners served by said connection shall have the right and are hereby granted an easement to the full extent necessary therefor, to enter upon Units or have the utility companies enter upon the Units within the CIC in or upon which said connection, or any portion thereof, lies, to read meters,repair, replace and generally maintain said connection as and when the same may be necessary as set forth below, and further, if a majority of the Board of Directors of the Association deems the repair, replacement or maintenance of such connection to be an emergency, the Association shall have the right to repair, replace or maintain such connection and assess the costs thereof against the Units served by such connection in the amounts the Owners would otherwise be responsible for under subsections (c) and(d)herein, and each Owner, for himself or herself, his or her heirs, successors and assigns, covenants that he will pay the Association(or its collecting agent) said assessment upon demand or in such periodic payments as may be determined by the Board of Directors, and that said assessment, if not paid on the date when due, shall become delinquent, shall become a continuing lien on the Unit and the personal obligation cf the Owner and shall be subject to collection, enforceability, foreclosure and remedies of the Association in the matter set forth in Articles III and IV hereof for other assessments by the Association. (b) Wherever joint house connection of storm and sanitary sewer, water, electricity, gas, telephone or cable television lines are installed within the CIC and the connections serve more than one Unit,the Owners of each Unit serviced by said connection shall be entitled to the full use and enjoyment of such portions of said connection as services his Unit. (c) In the event any portion of said connection or line is obstructed, damaged or destroyed through the act of an Owner of a Unit being served by said connection, or any of his agents, guests, or members of his family, whether or not such act is negligent or otherwise culpable, so as to deprive the other Owners being served by said connection of the full use and enjoyment of said connection, then the Owner shall forthwith proceed to replace or repair the same to as good a condition as formerly, without cost to the other Owners served by said connection. (d) In the event any portion of said connection or line is obstructed, damaged or destroyed by some cause other than the act of any Owner being served by said connection,his agents, or members of his family (including ordinary and deterioration from lapse of time),then in such event if said obstruction,and or destruction shall prevent the full use and enjoyment of such connection by the other Owners served by said connection, all such Owners who are thereby deprived of said use and enjoyment shall proceed forthwith to replace or to as good a condition as it was formerly at their joint and equal air said connection expense. 19 I • ARTICLE XIV MUNICIPALORDINAN F4 Section 1. City Ordinance Prvail. None of the covenants, conditions, restrictions or provisions of the Declaration are intended to supersede or prevail over the ordinances of general applicability of the city in which this CIC resides, and in the event of any conflict, the applicable ordinances of said City shall supersede and prevail over the covenants, conditions,restrictions and provisions of this Declaration. Section 2. Standards of Maintenan..e. The Standards of Maintenance of the Units and the residences and improvements located thereon, and the Common Elements, as adopted by the Association from time to time,shall be at least equal to those set forth in the ordinances of general applicability of the city in which this CIC resides, in effect from time to time which govern and control the maintenance of private property. ARTICLE XV RIGHTS OF FIRST jumrsthrzus Section 1. Conflicting Pmyisiq . The provisions of this Article take precedence over any other conflicting provisions of this Declaration. Section 2. Notice of____Acj. Upon written • and address of the holder, insurer or ��to the Association,identifying the name Mortgagee") and the Unit number or address�ant(a holdefirst a mortgage first mortgagen a Unit in the CIC ("First requested such notice shall be referred to herein as an "eligible mortgagehdo a Unit who has so or guarantor of a mortgage � holder"and an insurer or on a Unit who has so requested such notice shall be referred to herein as an "eligible insurer or guarantor"), any such eligible mortgage holder or eligible insurer shall be entitled to timely written notice of: O1 guarantor (a) Any condemnation loss or casualty loss which affects a material portion of the CIC or any Unit on which there is a first mortgage held, insured, or guaranteed by such eligible mortgage holder or eligible insurer or guarantor,as applicable; (b) Any delinquency in the payment of assessments or charges owed by a Unit owner of a Unit subject to a first mortgage held, insured or guaranteed by such eligible holder or eligible insurer or guarantor, which remains uncured for a period of 120 days; (c) Any lapse, cancellation or material modification of any insurance policy or fidelity bond maintained by the Association; (d) Any proposed action which would require the consent of a specified percentage of mortgage holders as specified elsewhere in this Article XV. 20 • 40 Section 3. Certain Amendments to Declaration or Bylaws. In addition to statutory requirements for amendment of this Declaration and the Bylaws of the Association, and to all other requirements set forth herein, unless at least sixty-seven percent (67%) (or such higher percentage as is required by law or this Declaration) of the first mortgagees of the Units or their assigns (based upon one vote for each first mortgage owned),and at least sixty-seven percent(67%)(or such higher percentage as is required by law or this Declaration) of the Unit Owners (other than any sponsor, developer, builder, or the Declarant)of the Units have given their prior written approval,neither the Association nor the Unit Owners shall be entitled to: (a) Terminate the legal status of the CIC (except in accordance with procedures set forth in the Act or this Declaration in the event of amendment or termination made as a result of destruction, damage or condemnation); • (b) By act or omission, seek to abandon, partition, subdivide, encumber, sell or transfer the Common Elements (the granting of easements for public utilities or for other public purposes consistent with the intended use of the Common Elements shall not be deemed such a transfer); (c) Use hazard insurance proceeds for losses to any CIC property (whether to Units or to Common Elements) for other than the repair, replacement or reconstruction of such CIC property, except as provided by statute in case of substantial loss to the Units and/or Common Elements of the CIC. Section 4. Certain Amendments to Material Provisions of Declaration. Articles. or Bylaws. In addition to statutory requirements for amendment of the Declaration, Articles and Bylaws,and to other requirements set forth herein,the written consent of at least sixty-seven percent (67%) of Unit Owners, and the written consent of eligible mortgage holders representing at least sixty-seven percent(67%) (or such higher percentage as is required by law or this Declaration) of the votes of Units that are then subject to mortgages held by eligible mortgage holders shall be required to add or amend any material provisions of this Declaration,the Articles or Bylaws of the Association. A change to provisions of the Declaration, Articles or Bylaws of the Association governing any of the following would be considered material: (a) Voting rights; (b) Assessments,assessment liens,or the priority of assessment liens; (c) Reserves for Maintenance,repair and replacement of the Common Elements (and Units, if applicable); (d) Insurance or fidelity bonds; (e) Reallocation of interests in the Common Elements, or rights to use of the Common Elements,except a change in accordance with the procedures set forth in the Act or the Declaration and Bylaws as a result of destruction, damage or 21 • M condemnation or with respect to a reallocation of interests in the Common Elements which might occur pursuant to any plan of expansion or phased development contained in the original Declaration or Bylaws, or a change of Common Elements into Limited Common Elements; (f) Increase in the number of Units(except as provided in Article XVII hereof); (g) Creation or increase in Special Declarant Rights; (h) Responsibility for maintenance and repairs; (i) Expansion or contraction of the project or the addition, annexation or withdrawal of property to or from the project; (i) Boundaries of any Unit; (k) Convertibility of Units into Common Elements or of Common Elements into Units; (1) Changing the authorized use of a Unit from residential to non-residential; (m) Imposition of any right of first refusal or any other restriction on the right of a Unit Owner to sell, transfer or otherwise convert his or her Unit; (n) Any provisions that expressly benefit mortgage holders, insurers or guarantors; (o) A decision by the Association to establish self-management when pr deonal management had been required previously by an eligible mortgage (p) Restoration or repair of the project(after casualty or partial condemnation) in a manner other than that specified in this Declaration and the Bylaws. In each instance of an addition or amendment that is not a material change he correction of a technical error or the clarification of a statement),an eligible mortgage(such as who is given a written proposal for such amendment and from whom no responseg gage holder why (30) days after notice of the proposal is given shall be deemed to harovis ed �within po� Section 5. Examination of Association Books and Records:Financial Statements. The Association shall make available to any Unit Owner, or to any holder, insurer or guarantor of any first mortgage,a current copy of the Declaration,the Bylaws,and other rules governing the CIC and the books,records and financial statements of the Association. "Available" means for inspection, upon request, during normal business hours or under other reasonable circumstances. The Association also shall make available to prospective purchasers current copies of the Declaration, the Bylaws of the Association and other rules governing the CIC and the most recent annual audited 22 411 financial statement if such is prepared. The holders of at least fifty-one percent (51%) of first mortgages shall be entitled to have an audited financial statement prepared at their expense if such statement is not otherwise available. Any financial statement requested pursuant to this shall be furnished within reasonable time following such request. Section 5 Section 6. Priority o Lien of First Morton¢ t. To the the lien for any assessments or other charges becoming payable n or after the date imum extent of rte d by law, of the first mortgage on any Unit shall be subordinate to the line of such first mortgage. Any recordation ien for assessments hereunder shall not be affected by any sale or transfer of the Unit, except thatthesale or transfer of title to a Unit pursuant to foreclosure of a first mortgage or deed or proceedings in lieu of foreclosure shall extinguish any subordinate lien for assessments which became payable prior to such sale or transfer or title or which became payable during the redemption period after the foreclosure sale. Any assessments so extinguished may be reallocated and reassessed against all Units as a common expense. Any such sale or transfer of title pursuant to a foreclosure or deed or proceedings in lieu of foreclosure of a first mortgage shall not relieve the purchaser or transferee of a Unit from liability for, nor the Unit for, the lien of any assessments made thereafter. To the maximum extent permitted by law,there should be subordinated to any first mortgage the lien of any fees,late charges, fines or interest that may be levied by the Association in connection with unpaid assessments, in the same manner as the subordination of assessments hereunder. Section 7. Insurance or ondemnation Pro Beds ided elsewhere in this Declaration, no provisions of this Declaration or the Bylaws of thehan asprovAssociation shall be construed to give any Unit Owner,or any other party,priority over the rights of any first mortgagee of a Unit pursuant to its first mortgage in the case of a distribution of a Unit Owner of insurance proceeds or condemnation award for losses to or a taking of Common Elements or any portion thereof or any Unit or portion thereof. In the event of substantial damage to or destruction of any Unit or any part of the Common Elements,the holder of any first mortgage on a Unit will be entitled to timely written notice of such damage or destruction. If any Unit or portion thereof or the Common Elements or any portion thereof is made the subject matter of any condemnation or eminent domain proceeding or is otherwise sought to be acquired by a condemning authority, then the holder of any first mortgage on a Unit will be entitled to timely written notice of any such proceedings or proposed acquisition. Section 8. Atte_ _ nye at Meetings . Any a first who so requests shall be given notice of all meetings of the Association las fe sucherfFirst oortagee ee was a Unit Owner entitled to notice. Each such First Mortgagee shall have the right to designate a representative to attend all such meetings,which representative shall not have the right to cast a vote. ARTICLE XVI DIVISION OR CONVERSION O N JMTc Section 1. Right to bdi a or v onert. The right is hereby reserved by the Declarant to subdivide or convert Units in the CIC, pursuant to Section 51513.2-112 of the Act. Any Unit, whether or not owned by the Declarant, may be subdivided as provided in Section 51513.2-112 of 23 • the Act. Any such subdivision or conversion shall be in accordance with the procedures specified in the Act. ARTICLE XVII COMPLIANCE BY UNIT OWNER Section 1. Right of Action in Unit Owners and Association. Failure of any Unit Owner to comply with the provisions of this Declaration, the Articles of Incorporation or Bylaws of the Association, or rules and regulations of the Association, shall give rise to a cause of action in the Association and any aggrieved Unit Owner for die recovery of damages, or for injunctive relief,or both. The foregoing is not intended to restrict or limit the application of Section 515B.4-116 of the Act. ARTICLE XVIII AMENDMENT Section 1. Voting Requirements. Except as limited by 515B.2-118(d)of the Act requiring additional agreement in the case of alteration of Limited Common Elements, and except insofar as a higher voting requirement may be otherwise required under this Declaration, or the Act, this Declaration may be amended by the Association only upon a vote or written agreement of Unit Owners to which at least sixty-seven percent(67%) of the votes in the Association are allocated. In addition,the written consent of HUD and VA shall be required,so long as the period of Declarant control set forth in Article V hereof shall not have terminated,in accordance with said Article XI and the Act, for any amendment to the Declaration. Any such amendment to the Declaration shall be effective only when filed or recorded as required by the Act. IN WITNESS WHEREOF,the Declarant has executed this Declaration the day and year first written above. ST. CROIX LAND CO. , INC., a Minnesota Corporation By: Its: S 24 410 • STATE OF MINNESOTA ) COUNTY OF WASHINGTON)ss The foregoing instrument was acknowledged before me this day of 1996, by John J. Krongard, the president of St. Croix Land Co.,Inc.,a Minnesota corporation, on behalf of said corporation. Notary Public THIS INSTRU1vENT WAS DRAFTED BY: LAWSON, MARSHALL, McDONALD & GALOWITZ,P.A. Lawyers 3880 Laverne Avenue North Lake Elmo, Minnesota 55042 Telephone: (612)7774960 JSM UACUIDOMSTOWILAAINXICLARAT.91 25 • S EXHIBIT A TO DECLARATION OF COMMON INTEREST COMMUNITY VALLEY VIEW GARDEN HOMES WEST CIC NUMBER 91 ALLOCATION OF COMMON EXPENSE LIABILITIES AND VOTING RIGHTS As provided in Section 515B.2-108 of the Minnesota Common Interest Ownership Act,this Declaration allocates the undivided interests in the Common Expense Liability and the Voting Rights to the Units on an equal basis,based upon the number of Units in the Association,provided, however, that a Common Expense assessment may be assessed against fewer than all Units as allowed under Section 515B.3-115(h)(2) of the Act. The Common Expense Liability and Voting Rights are allocated equally among the Units as follows: Fraction of Common Portion of Votes in Unit Expense Liability the Association Lot 1, Block 1,Valley View Estates 3rd Addition 1/14 1/14 Lot 2, Block 1, Valley View Estates 3rd Addition 1/14 1/14 Lot 3, Block 1,Valley View Estates 3rd Addition 1/14 1/14 Lot 4, Block 1, Valley View Estates 3rd Addition 1/14 1/14 Lot 5, Block 1, Valley View Estates 3rd Addition 1/14 1/14 Lot 6, Block 1, Valley View Estates 3rd Addition 1/14 1/14 Lot 7, Block 1,Valley View Estates 3rd Addition 1/14 1/14 Lot 8,Block 1,Valley View Estates 3rd Addition 1/14 1/14 Lot 9, Block 1,Valley View Estates 3rd Addition 1/14 1/14 Lot 10, Block 1, Valley View Estates 3rd Addition 1/14 1/14 Lot 11, Block 1, Valley View Estates 3rd Addition 1/14 1/14 Lot 12,Block 1,Valley View Estates 3rd Addition 1/14 1/14 Lot 13, Block 1, Valley View Estates 3rd Addition 1/14 1/14 Lot 14, Block 1, Valley View Estates 3rd Addition 1/14 1/14 i. L- • • • CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA DEVELOPER' S AGREEMENT THIS AGREEMENT, made and entered into this ' i.),1 day of GZ` 1995, by and between the. City of Oak Park Heights, a municipal corporation under the laws of the State of Minnesota (the "City") , and St . Croix Land Company, Inc . (the "Developer" ) . WITNESSETH; That : WHEREAS, the Developer has made application to the City Council for approval of a plat of land within the corporate limits of the City described as follows : See Attached Exhibit A. (the "Subdivision") ; and, WHEREAS, the City Council has on , 1995, granted preliminary approval to the Subdivision, on the condition that the Developer enter into this Agreement stipulating the conditions for the installation of street, 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. 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" . Improvements to be installed by the City and paid for by Developer are hereinafter referred to as "Plan B Improvements" . 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, house 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 • 111 during construction shall be submitted to the City for approval . Individual building sites including private driveways are to be customed graded to preserve the maximum number of trees on each site . Unless waived by the Building Inspector, each building site must have an individual grading plan separately 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 subdivision 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 . On all residential properties, the Developer or his designee shall provide finished grading with a topcoat of black dirt and sod in the front and side yards . The back or rear yards of all residential properties shall be sodded or seeded at the developer' s option. No certificate of occupancy or final inspection approval shall be granted by the Building Inspections Department of the City of Oak Park 410 Heights until compliance of this provision has been met with this requirement . 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 placed after all street and lawn grading has been completed in order to preserve the lot markers for future property owners . 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 them 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. In all instances one boulevard tree should be planted by Developer per dwelling unit . In no instance shall the Developer plant more than 50 percent of the same type of tree. A detailed landscape plan shall be submitted to and require the approval by the City prior to commencement of final platting and landscaping construction. F. The Developer shall install all street name signs at all intersections and provide other traffic control signs within the subdivision as determined to be necessary by the City. Temporary street name signs shall be installed by the Developer prior to issuance of the first building permit . The temporary sign shall be constructed of durable materials to be approved by the Building Official . G. The Developer shall remove all diseased trees before building permits will be issued as to any individual lot . As it affects the removal of dead trees and vegetation on any individual lot, the same shall be addressed within the individual grading plan to be submitted to the Building Inspector of the City of Oak Park Heights at each time that a building permit is sought with regard to the construction of a single family residence as to any individual lot . The Building Inspector shall determine in conjunction with the City Forester, the need to remove dead vegetation upon any individual lot as part of the custom grading to 3 • be implemented on each lot relating to the construction of any residential dwelling thereon. H. 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 subdivision 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 . If and when the street becomes impassible, such streets shall be barricaded and closed. In the event residences are occupied prior to completing streets, the Developer shall maintain a smooth driving surface and adequate drainage on all temporary streets . The Developer shall be responsible for the removal of snow from all gravel streets . The repair of any damage done to the streets or public utilities shall be the financial responsibility of the Developer. I . The Developer shall furnish street lights in accordance with the City' s residential street lighting policy. General Reotuirements : 1 . Residential street lighting shall be owned, installed, operated and maintained by the electric utility company (NSP) . City and utility company shall enter into a contractual agreement on the rate and maintenance of the street lighting system. 2 . It shall be the responsibility of the Developer to: a. Reimburse the City for the first two (2) years of operating cost of the street lighting system. b. Pay the electric utility company any cost incurred in the installation of the street lighting units not covered in the electric utility company rate for this service . This payment shall be required to be guaranteed as part of the Plan A security. c . The two year payment schedule (policy) shall be put into effect upon 4 . • installation of each lighting unit . d. All these costs shall be guaranteed by part of the Plan A security. J. The Developer shall, in all new subdivisions, dedicate a reasonable portion of each proposed subdivision as the City Council reasonably determines to the public for public uses as parks, playgrounds, public open space, trails, or other conditions as required by the City. Developer shall dedicate pedestrian/bike trail easement areas to the City of Oak Park Heights as specified on the plat and approved by the Oak Park Heights Park Commission this dedication is credited against the total park dedication requirement . The Developer for the balance of the plat for of Valley View Estates II shall pay to the City of Oak Park Heights the sum of $12, 580 . 00 on execution of this Agreement . K. The Developer shall dedicate and survey all drainage storm water and hold ponds as required by the City. The Developer shall be responsible for storm sewer cleaning and holding pond dredging, as required, by the City prior to completion of the development. • L. The Developer shall be required to depict possible future bus routes and surrounding land uses including parks and all scheduled improvements on all display materials and brochures given to prospective buyers . M. 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 construction and prior to the City awarding construction contracts for public utilities. N. Drainage and utility easements. 10 foot drainage and utility easements shall be provided along all lot lines. O. Wetland Designation. All areas classified as wetlands shall he displayed upon the plat and those so specified by the City Engineer be dedicated to the public for that purpose . 5 i 411 2 . DESCRIPTION OF IMPROVEMENT ESTIMATED COST 1 . Boulevard and swale sod $ 5, 700 . 00 2 . Boulevard trees 5, 600 . 00 3 . Street signs 850 . 00 4 . Street lights 2, 880 . 00 5 . Erosion Control 3, 600 . 00 6 . Pond Protection & Restoration 1, 000 . 00 7. Utility protection and repair 6, 680 . 00 6 . Street protection and repair 8, 790 . 00 TOTAL ESTIMATED CONSTRUCTION COST OF PLAN A IMPROVEMENTS : $ 35, 100 .00 ESTIMATED ENGINEERING, LEGAL AND ADMINISTRATIVE (20%) : $ 7, 000 . 00 TOTAL ESTIMATED CONSTRUCTION COST OF PLAN A IMPROVEMENTS : $ 42, 100 .00 SECURITY REQUIREMENT (25%) $ 10, 500 . 00 • TOTAL PLAN A ESCROW $ 52, 600.00 3 . CONSTRUCTION OF PLAN A 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 Developer shall dedicate to the City, prior to 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 . 6 • 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 hereof by the Developer, the Developer will furnish to, and at all times hereinafter maintain with the City, a cash deposit, certified check, or an Irrevocable Letter of Credit, based on one hundred and twenty- five percent (125%) of the total estimated cost of Plan A Improvements as indicated in Section 2 . An Irrevocable Letter of Credit shall be for the exclusive use and benefit of the City of Oak Park Heights and shall state thereon that the same is issued to guarantee and assure performance by the Developer of all the terms and conditions of this Development Agreement and construction of all required improvements in accordance with the ordinances and specifications of the City. The City reserves the right to draw, in whole or in part, on any portion of the Irrevocable Letter of Credit for the purpose of guaranteeing the terms and conditions of this Agreement . The Irrevocable Letter of Credit shall be renewed or replaced by not later than thirty (30) days prior to its expiration. E. Reduction of Escrow Guarantee . The Developer may request reduction of the Letter of Credit or cash deposit based on prepayment or the value of the completed improvements at the time of the requested reduction. The amount of reduction will be determined by the City and such recommendation will be submitted to the City Council for action. Following any payment for a Plan A improvement which is within the Engineer' s estimate, the City may consider and allow a reduction of the Letter of Credit up to the rate of $1 . 25 for every dollar that has been paid out of the escrow/Letter of Credit provided that the project is on schedule, the Developer is not in default under the terms of the Development Agreement and/or no extraordinary expenses beyond the engineering estimate have been incurred during the course of the project . 4 . PLAN B IMPROVEMENTS. The following improvements will be installed by the City at the Developer' s expense according to the following terms and conditions : 7 411 1 . DESCRIPTION OF IMPROVEMENT ESTIMATED COST A. Sanitary sewer $ 23 , 950 . 00 B. Water main 21, 010 . 00 C. House Services 26, 730 . 00 D. Storm sewer 61, 850 . 00 E. Base preparation 59, 290 . 00 F. Curb and gutter 18, 860 . 00 G. Surfacing streets 47, 500 . 00 TOTAL ESTIMATED CONSTRUCTION COST OF PLAN B IMPROVEMENTS: $259, 190 . 00 ESTIMATED ENGINEERING, LEGAL AND ADMINISTRATIVE (20%) : $ 50, 810 . 00 TOTAL ESTIMATED CONSTRUCTION COST OF PLAN B IMPROVEMENTS: $310, 000 . 00 SECURITY REQUIREMENT (25%) $ 77, 500 . 00 TOTAL PLAN B ESCROW $387,500.00 2 . That prior to the City ordering the installation and awarding the contracts as it relates to the Plan B improvements and the costs therefor, the Developer shall deposit with the City of Oak Park Heights, the total estimated cost of the Plan B improvements plus a 25% security requirement related thereto for a total of $387, 500 . 00 . The City shall pay from said deposit' all expenses related to the construction of the Plan B improvements providing for the construction of same as follows : A. Construction. After the preparation of preliminary plans and estimates by the City, the City Council shall take bids on the projects and thereafter award the contract pursuant to law for the installation of the Plan B improvements under the City' s supervision. B. Escrow. No work shall be commenced under this 8 411 • 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 2596 in the total amount of $387, 500 . 00 . The City shall have the right to apply against the Letter of Credit all bills incurred by the City with regard to the Plan B 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. C. The Developer shall be provided with a copy of the plans and specifications as prepared by the office of the City Engineer for the Plan B improvements and shall be allowed the opportunity to comment on same prior to final release of the bid specifications by the office of the City Engineer for purposes of receiving bid on the improvements . The Developer shall also be notified of the bid opening date and provided the opportunity to comment on the bids received prior to the award of the bid on the Plan B improvements . The Developer may recommend rejection of al bids and the rebidding of the 'project or any portion thereof; however, such recommendation is not binding on the City of Oak Park Heights and the City may award the contract based upon the bids received if it, in its absolute discretion, determines that the bids so received are reasonable . The Developer shall also be provided the opportunity to request that the City Engineer consider including certain contractors that the Developer might suggest to be added to the proposed bidder' s list . Final determination of the proposed bidder' s list shall rest in 9 • the discretion of the City Engineer. D. All such improvements as constructed shall become the property of the City of Oak Park Heights . The Developer shall dedicate to the City prior to approval of the final plat at no cost to the City all permanent and temporary easements necessary for the construction of such improvements as determined by the City. E. Contracts . All such construction contracts as awarded by the City of Oak Park Heights to construct the Plan B improvements shall provide for a guarantee of the workmanship and materials for a period of one year following the completion of construction of the Plan B improvements . All such contracts shall also conform to the ordinances and specifications of the City in the construction of all Plan B improvements . F. Reduction of Cash Deposit/Letter of Credit . The City shall be allowed to draw upon the cash deposit/Letter of Credit/escrow for the payment of any and all construction contracts awarded as it relates to the Plan B improvements, or any portion or increment thereof, upon certification by the City Engineer of completion of construction of the Plan B improvements, or any portion or increment thereof. Upon final completion of the Plan B improvements and certification of same by the City Engineer, any remaining funds on hand, provided as security to secure the construction of the Plan B improvements, shall be refunded to the Developer. G. Change Orders. No change order increasing the contract expense shall be authorized by the City without first notifying Developer of the change. H. Estimates . The above estimates are engineering projections only. Developer shall be responsible for all actual expenses incurred in the securing and installing of all Plan B improvements . I . Connection Charges . All connection charges and fees shall be paid by Developer on a per lot basis at the time that building permits are obtained for each dwelling or principal 10 • • , . structure to be constructed. The City Engineer shall compute the connection fee as prescribed by ordinance/resolution as to this development and advise the City Administrator as to the appropriate fee to be collected. As it affects this "Development" , the engineer has calculated the total sanitary, water works and storm sewer connection charges to be in the amount of $1, 485 .44 per townhome unit . $2, 785 . 73 per single family unit and $2, 151. 35 per twin home unit . 5 . 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 expenses relating to this development . Developer shall also be responsible for future engineering, legal and administrative costs incurred by the City in the process of supervising the implementation of this development agreement relating to the public improvements and other provisions effecting the subject property. The Developer will be billed periodically by the City for such expenses and pay same within 10 days of presentation. Any disputes over billings presented to the Developer shall be resolved by the City Council who shall act as the final authority to determine the reasonableness of such charges . 6 . 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 of all or any part of the Subdivision 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 Subdivision and all recording fees, if any, shall be paid by the Developer. B. Final Plat Approval . The City agrees to give final approval to the plat of the Subdivision upon execution and delivery of this Agreement and of all required documents and security, 11 Object to compliance withe 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 . City Planner File No. 798 . 02 - 94 . 05 and Engineering File No. 55120 are hereby incorporated herein by reference. D. The City of Oak Park Heights shall file the Developer' s Agreement or a permit issued pursuant thereto 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. 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 are to be offset against the cash escrows or Letters of Credit 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 escrow for the payment of same . Notwithstanding the above, the City of Oak Park Heights shall be the final authority in determining the fairness and reasonableness of all such costs incurred; and the decision by the City Council for the City of Oak Park Heights on any such dispute shall be binding. F. Establishment of Construction Schedules . The City Engineer shall establish construction schedules for Plan A and Plan B improvements and shall consult with Developer prior to establishing same . G. Zoning. 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. 12 H. Signage . Should Developer or his heirs and/or assigns desire any signage affecting this development it must be submitted by detail sign plan to the City of Oak Park Heights and approved prior to being implemented on the site. I . Street Grades . The grades of all streets shall not exceed 8% and the minimum grade shall not be less than . 5% . IN WITNESS WHEREOF, the City and Developer have caused this Agreement to be duly executed on the date and year first above written. In the presence of : CITY OF OAK PARK HEIS'. 9A.,I� 4 Li o 4ik3DOL.A.02..ara H. O'Neal Mayor Micha WSJ. Robertson Administrator In the presence of : ST. CR' ' OMPANY, I = 4Lij":-1K+3 ) BY 111,16.aille Its 412 Abk, By Its STATE OF MINNESOTA ) . ss . COUNTY OF WASHINGTON) On this 044 day of ely , 1995, before me a Notary Public, within and for said Coufity personally appeared Barbara H. O'Neal and Michael J. Robertson, 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 13 • • 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 instrument to be the free act and deed of said municipal corporation. NOTARY PUBLIC-MYNNESOTA WASHINGTON COUNTY 31, o t Pu 1i/c�c� o4,�, �0 My Commission Wires Jan. 2000 STATE OF MINNESOTA ) . ss . COUNTY OF WASHINGTON) On this !'Y4i day oft , 1995, before me Notary Public, ithin and for said Cou y personally appeared :7 -r and ---- to meersonall nown P Y •ei aeach by me duly sworn did say that they are respectively the ✓e5 i and _______ of Krnm ei ) fir/-s°1 he 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 Board of Directors and said :Wi/ cf, kremGeforel and acknowledged said instrument to 'be the free act and deed of said municipal corporation. •1 - Not1 y Public THIS INSTRUMENT WAS DRAFTED BY: Mark J. Vierling JUDYL.HMST Eckberg, Lammers, Briggs, Wolff c (/_' NOTARY PUBLIC-MINNESOTA & Vierling, P.L.L. P. \a .' WASHINGTON COUNTY 1835 Northwestern Avenue L 4,-0 My Commission Expires Jan.31,200D Stillwater, MN 55082 (612) 439-2878 oph\devagree\valleyII\April 18, 1995 14 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 instrument to be the free act and deed of said municipal corporation. Notary Public STATE OF MINNESOTA ) ss . COUNTY OF WASHINGTON) On this day of , 1995, 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 the 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 Board of Directors and said and acknowledged said instrument to be the free act and deed of said municipal corporation. • Notary Public 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 oph\devagree\valleyII\April 18, 1995 14