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Home My WebLink About04-13-2021 Council Packet CITY OF OAK PARK HEIGHTS CITY COUNCIL MEETING AGENDA TUESDAY, APRIL 13, 2021 AT 6:OOPM This meeting will be conducted by video/telephone conference due to the ongoing COVID-19 health pandemic. The meeting will follow the provisions of Minnesota Statute § 13D.021. If practical,members of the public may be permitted to remotely listen to the meeting as provided in 13D.021, Subd. 3, subject to such person paying for any added cost incurred by the City as a result of the additional connection. The open meeting can be viewed remotely online at: https://us02web.zoom.us/i/4786278054 or by calling (312- 626-6799)and entering meeting ID 4786278054. Please contact the City at 651-439-4439 or jpinski@cityofoakparkheights.com in advance of April 13,2021 if you have any questions about access. 6:00 p.m. I. Call to Order/Approval of Agenda Estimated times 6:00 p.m. IL Council/Staff Reports A. Mayor McComber B. Councilmember Dougherty C. Councilmember Johnson D. Councilmember Liljegren E. Councilmember Runk F. Staff • Recycling Award (pg. 3) • Spring Clean-up Day: May 1 6:05 p.m. III. Visitors/Public Comment This is an opportunity for the public to address the Council with questions or concerns on issues not part of the regular agenda(Please limit comments to 3 minutes in length). A. Update from Coalition of Utility Cities—Transition to Renewable Energy Bill (pg. 7) B. Saint Paul Area Association of REALTORS" - Fair Housing Month (pg. 9) 6:10 p.m. IV. Consent Agenda_ (Roll Call Vote) A. Approve Bills & Investments B. Approve City Council Minutes—March 23, 2021 (pg. 11) C. Approve Resolution Granting the Application of White Tails Unlimited Metro Area to Conduct a One-Day Raffle on June 5, 2021 at St. Croix Event Center(pg. 15) D. Approve Resolution Authorizing Receipt of Donations and Directing the Donations be Used for the Parks (pg. 17) E. Authorize Staff to Contract with St. Croix Sweeping for 2021 (pg. 21) F. Authorize Staff to Contract with Fahrner Asphalt for Street Sealing Areas 9, 10 and 11 (pg. 35) G. Consider Resolution Declaring a Local Emergency for Safety and Protection (pg. 43) H. Approve Proposal for Engineering Services—MPCA—MS4 Application/Permit SWPP (pg. 45) I. Approve Proclamation for Municipal Clerks Week—May 2-8 (pg. 53) Page 1 of 86 Agenda April 13,2021 Page 2 6:10 p.m. V. Public Hearings A. Consider Issuance of an Off-Sale Intoxicating Liquor License for Yayin Gadol, LLC dba Top Ten Liquors (pg. 55) 6:10 p.m. VI. Old Business A. Lookout Trail—Accept Bids and Award Contract(pg. 57) 6:10 p.m. VII. New Business A. Palmer Station PUD Amendment— 5573 Oak Cove N—Front Yard Setback and Retaining Wall Amendments (pg. 65) B. Consider Cancellation of April 27, 2021 Council Meeting (pg. 85) 6:50 p.m. VIII. Other Council Items or Announcements 7:00 p.m. IX. Adjournment Page 2 of 86 Oak Park Heights Request for Council Action Meeting Date April 13, 2021 Agenda Iteni Recycling Award Time Req. 0 Agenda Placement Staff Reports Originating Department/Requestor Adrninistration/Jernnifer Pinski Requester's Signatur _1.J--Z" Action Requested Receive Information Background/Justification (Please indicate any previous action has been taken or if other public bodies have been advised). See attached. Page 3 of 86 41 City Of Oak Park Heights 14168 Oak Park Blvd.N.Oak Park Heights,MN 55082.Phone(651)4394439•Fax(651)439-0574 March 25, 2021 Charlie & Amanda Klecker 6257 Panama Ave N Oak Park Heights, MN 55082 Dear Charlie & Amanda; Thank you for participating in the City's recycling program. As an incentive to recycle and to increase fire prevention awareness, the City rewards two residents each month with their choice of an award of $25.00 or a fire extinguisher and/or smoke detector(s). Your residence was checked on Thursday, March 25, 2021, to determine if you had your recycling bin out with your regular garbage. Your recycling was out and ready for collection; therefore, you are one of this month's winners. Please contact me via phone at 439-4439 or email at jpinski@cityofoakparkheights.com to let me know your choice of award. On behalf of the Oak Park Heights City Council, thank you for participating in the City's recycling program. Congratulations? Je fifer i nnski City Clerk TREE CITY U.S.A. Page 4 of 86 City of Oak Park Hei hts 14168 Oak Park Blvd.N.Oak Park Heights,MN 55482•Phone(651)439.1439•Fax(651)439-0574 April 8, 2021 Margaret Irwin 5645 Newell Cir N Oak Park Heights, MN 55082 Dear Margaret: Thank you for participating in the City's recycling program. As an incentive to recycle and to increase fire prevention awareness, the City rewards two residents each month with their choice of an award of $25.00 or a fire extinguisher and/or smoke detector(s). Your residence was checked on Thursday, April 8, 2021, to determine if you had your recycling bin out with your regular garbage. Your recycling was out and ready for collection; therefore, you are one of this month's winners. Please contact me via phone at 439-4439 or email at jpinski@cityofoakparkheights.com to let me know your choice of award. On behalf of the Oak Park Heights City Council, thank you for participating in the City's recycling program. Congratulatio Jennifer Pinski City Clerk TREE CITY U.S.A. Page 5 of 86 THIS PAGE INTENTIONALLY LEFT BLANK Page 6 of 86 Oak Park Heights Request for Council Action Meeting Date April 13TH, 2021 Time Required: 5 Minutes Agenda Item Title: Legislative Update from Shane Zahrt—Coalition of Utili . Cities Agenda Placement Visitor's Comment/ Section Originating Department/Requestor: Mayor Mary McComber Requester's Signature Action Requested Receive Update Background/Justification (Please indicate if any previous action has been taken or if other public bodies have advised): Staff Consultant from the Coalition of Utility Cities-Shane Zahart- will be present to provide the City Council a general update of their work during the 2021 Legislative Session. Page 7 of 86 THIS PAGE INTENTIONALLY LEFT BLANK Page 8 of 86 Oak Park Heights Request for Council Action Meeting Date April 13, 2021 Agenda Item Saint Paul Area Association of REALTORS" - Fair Housing Month Time Req. 5 Agenda Placement Visitors/Public Comment Originating Department/Requestor. Administration/Jennifer Pinski Requester's Signature , Action Requested Receive Information Background/Justification(Please indicate any previous action has been taken or if other public bodies have been advised). The City Council adopted a Fair Housing Month Proclamation at their March 23, 2021. The Saint Paul Area Association of REALTORS was grateful for the passage of the Proclamation and would like to make comments on the importance of fair housing. Page 9 of 86 Jennifer Pinski From: Becky Wegscheid <bwegscheid@spaar.com> Sent: Tuesday, March 30, 2021 10:17 AM To: Jennifer Pinski Subject: RE: Fair Housing Proclamation - Oak Park Heights Good Morning Jennifer! Thank you! I would love to attend the second Tuesday of April—April 13th right? Thanks for your help, it's very much appreciated. Chat soon, Becky Wegscheid From:Jennifer Pinski<jpinski@cityofoakparkheights.com> Sent:Thursday, March 25, 202111:07 AM To: Becky Wegscheid <bwegscheid@spaar.com> Subject: RE: Fair Housing Proclamation - Oak Park Heights CAUTION: EXTERNAL Hi Becky, Absolutely! We always have a visitor/public comment section at every meeting.The Council meets the second and fourth Tuesday of each month, with the exception of the summer months when they only meet the fourth Tuesday. Let me know which date someone would like to come, and I will get you/them the Zoom link for the meeting. From: Becky Wegscheld <bwegscheid@spaar.com> Sent:Thursday, March 25, 20219:35 AM To:Jennifer Pinski < inski cit ofoak arkhei hts.com> Subject: RE: Fair Housing Proclamation - Oak Park Heights Good Morning Jennifer, Thank you so much for getting this back to us. SPAAR is so grateful that Oak Park Heights has signed the Fair Housing Proclamation! If there is time for comment during an upcoming City Council meeting we would love to have one of our Realtor® members, or myself, make comments on the importance of fair housing. Please let us know if that would be possible, if not we are happy nonetheless that Oak Park Heights has reaffirmed its support for Fair Housing! Thank you, again. I look forward to speaking with you soon, Becky Wegscheid Government Affairs Director Saint Paul Area Association of REALTORS' 325 Roselawn Avenue East Saint Paul, MN 55117 bwegscheidpspaar.com Office:651-772-6350 Cell:218-640-5966 1 Page 10 of 86 P�- Oak Park Heights Request for Council Action Meeting Date April 13, 2021 Agenda Item Approve City Council Minutes—Marcli 23. 2021 Time Req. 0 Agenda Placement Consent Originating Department/Re uesto Administration/Jennifer Pinski Requester's Signature Action Requested Approve Background/Justification (Please indicate any previous action has been taken or if other public bodies have been advised). See attached. Page 11 of 86 CITY OF OAK PARK HEIGHTS TUESDAY, MARCH 23, 2021 CITY COUNCIL MEETING MINUTES HELD VIA VIDEO CONFERENCE PER MN STAT. 13D.021 I. Call to_Order/Approval of Agenda: Mayor McCornber called the meeting to order at 6:02 p.m. Present: Councilmembers Dougherty, Johnson, Liljegren, and Runk. Staff present: City Administrator Johnson, City Clerk Pinski, City Attorney Kevin Sandstrom, City Planner Richards, and.City Engineer Mann. Absent: None. Councilmember Dougherty, seconded by Councilmember Runk, moved to approve the Agenda. Roll call vote taken. Carried 5-0. II. Council/Staff Reports: A. Mayor McCornber: She reported she attended two Coalition of Utility Cities meetings the previous week; she testified several times for SF1556 and HF 1750; she would be testifying before the House Energy Committee on March 25; she would be meeting with House Capital Committee Chair Representative Lee on March 24; and she was attending the Midwest Governors ongoing meetings. B. Councilmember Dougherty: He reported he attended the Coalition of Utility Cities meetings. C. Councilmember Johnson: She reported she attended the Parks and Trails Commission meeting as well as the NLC Day on the Hill. D. Councilmember L iljmen: He reported he attended the Planning Commission meeting on March 11. E. Councilmember Runk: He reported he participated in the police officer candidate interviews on March 10 and the Middle St. Croix Watershed Meeting on March 11. F. Staff. City Clerk Pinski reported that Dave Triemert of 14331 57th Street North was chosen as the recycling award winner. III. Visitors/Public Comment: A. Update from City Lobbying, Finn Related to the King Plant: Angie Huss and Angie Lenczewski fi•om Lockridge Grindal Nauen provided a legislative update. IV. Consent Agenda: A. Approve Bills & Investments B. Approve City Council Minutes—March 9, 2021 Page 12 of 86 City Council Meeting Minutes March 23, 2021 Page 2 of 3 C. Approve Changes to City Ordinance 102 —Master Fee Schedule Related to Garbage Fee Increases Approved January 26, 2021 D. Approve Renewal of Consumption and Display Permit for LRS Enterprises dba Sodie's Cigar& Pile E. Approve Amendment to the Parks and Trails Commission Bylaws F. Approve Proclamation for Fair Housing Month Councilmember Runk, seconded by Councilmember Johnson, moved to approve the Consent Agenda. Roll call vote taken. Carried 5-0. V. Public Hearings: None V1. Old Business: None VII. New Business: A. Conditional Use Permit—6188 Beach Road -- Rear Yard Setback and Accessory Structure Size: City Planner Richards reported that Roy Crist applied for a Conditional Use Permit to allow a garage addition. Richards reviewed his planning report and said.the Planning Commission recommended approval. He reported that language was added to Condition 5 of the Resolution at the request of the City Attorney. Councilmember Runk, seconded by Councilmember Dougherty, moved to approve the Resolution. Roll call vote taken. Carried 5-0. B. Paliner Station—PUD Amendment— 5613 Oak Cove N: City Planner Richards reported that Olivia Gavic, on behalf of Creative Homes, applied for a Planned Unit Development amendment to allow a reduced front yard setback for 5613 Oak Cove. Richards said the Planning Commission recommended approval. Councilmember Johnson, seconded by Councilmember Runk, moved to approve the Resolution. Roll call vote taken. Carried 5-0. C. Washington County Historical Society—Heritage Center Request: City Administrator Johnson reviewed his rnemo in the council packet. Mayor McComber requested staff clarify that Oak Park Heights history would be included in the curation. Councilmember Dougherty, seconded by Councilmember Johnson, moved to approve $6,500 out of the Council Contingency Fund as a contribution to the Washington County Historical Society. Roll call vote taken. Carried 5-0. D. Approve Listing Agreement Extension for the"Bell Property" Located at 5416 Stagecoach Trail: Brian Zeller from Telus Property Services was Page 13 of 86 City Council Meeting Minutes March 23, 2021 Page 3 of 3 present at the meeting and said there had been a fair amount of interest, but mostly in a type that was not desirable to the City Council. He said he spoke to a couple of developers and felt housing would be attractive to a potential buyer. Councilmember Runk, seconded by Councilmember Dougherty, moved to approve extension of the listing agreement. Roll call vote taken. Carried 5- 0. E. Approve Letter to Metropolitan Council Seeking Accessibility Improvements to Bus Stops: Councilmember Johnson reported that she worked with staff to draft a letter to Metro Transit to seek improvements at their bus stop along the 294 Route on Stillwater Boulevard. Councilmember Johnson, seconded by Councilmember Dougherty, moved to approve the letter. Roll call vote taken. Carried 5-0. F. Consider Resolution Outlining Further City COVID-19 Responses to Aid City Residents and Businesses— Outside Seating: Mayor McComber suggested the City Council consider allowing outdoor seating similar to what was allowed in spring of 2020 to aid businesses during the pandemic. Councilmember Dougherty, seconded by Councilmember Johnson, moved to approve the Resolution. Roll call vote taken. Carried 5-0. G. June 2021 Citv Event—5k and l Ok Walk/Run: Councilmember Johnson presented a plan for a virtual walk or• run event that would take participants through the City parks. She outlined the details and requested approval of the event. Councilmember Johnson, seconded by Councilmember Dougherty, moved to approve the event. Roll call vote taken. Carried 5-0. VIII. Other Council Items or Announcements: Mayor McComber announced Spring Clean Up Day was set for May 1, 2021. IX. Adjourn: Councilmember Dougherty, seconded by Councilmember Runk, moved to adjourn at 6:39 p.m. Roll call vote taken. Carried 5-0. Respectfully submitted, Approved as to Content and Form, Jennifer Pinski Mary McComber City Clerk Mayor Page 14 of 86 r Oak Park Heights Request for Council .Action Meeting Date April 13, 2021 Agenda Item Approve Resolution Grantirng the Application of White 'Tails Unlimited Metro Area to Conduct a.One-Day Raffle on June 5. 2021 at St. Croix Event Center Time Req. 0 Agenda Placement Consent Originating Department/Requestor Administration/Jennifer Pinski Requester's Signature Action Requested Approve Background/Justification (Please indicate any previous action has been taken or if other public bodies have been advised). See attached. Page 15 of 86 RESOLUTION 21-04-16 CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA RESOLUTION GRANTING THE APPLICATION OF WHITE TAILS UNLIMITED METRO AREA TO CONDUCT A ONE-DAY RAFFLE AT ST. CROIX EVENT CENTER ON JUNE 5, 2021 WHEREAS, Lindell Blanchette, on behalf of White Tails Unlimited Metro Area, has submitted a request to conduct a one-day raffle on June 5, 2021 at the site of the St. Croix Event Center, 5880 Omaha Avenue North, Suite 3; and WHEREAS, the City of Oak Park Heights has reviewed the request and finds that its purposes meet the necessary community standards; and WHEREAS,the City of Oak Park Heights has solicited the input of the public and there have been no objections to the granting of the application for the raffle permit as applied for by White Tails Unlimited Metro Area with the State of Minnesota Gambling Control Board. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL FOR THE CITY OF OAK PARK HEIGHTS AS FOLLOWS: That the application of White Tails Unlimited Metro Area with the State of Minnesota Gambling Control Board to conduct a one-day raffle on June 5, 2021 at the site of St. Croix Event Center, 5880 Omaha Avenue North, Suite 3, within the City of Oak Park Heights is hereby approved with no waiting period. Fussed by the City Council of Oak Park Heights this 13th day of April, 2021. Mary McComber ATTEST: Mayor Eric A. Johnson City Administrator Page 16 of 86 4A Oak Park Heights Request for Council Action Meeting Date April 13, 2021 Agenda Item Approve Rcsoluflon Authorizing Re;ccipt of Donations and Directing the Donations be Used for the Parks Time Req. 0 Agenda Placement Consent Originating Department/Requestor dministration/Jennifer Pinski Requester's Signature Action Requested Approve Background/Justification (Please indicate any previous action has been taken or if other public bodies have been advised). See attached. Page 17 of 86 RESOLUTION 21-04-17 CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA A RESOLUTION AUTHORIZING RECEIPT OF DONATIONS AND DIRECTING THE DONATIONS BE USED FOR THE PARKS WHEREAS, non-resident Joelle Nelson recently requested rental of Autumn Hills Park and submitted two cheeks: one for the refundable deposit of$100 and another for an alcohol use permit for $15; and WHEREAS, Joelle Nelson cancelled the reservation and requested the checks be donated to the City of Oak Park Heights for use in the City parks; and WHEREAS, the City of Oak Park Heights is grateful for the donations totaling $115.00. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Oak Park Heights shall accept the donations and that the City is authorized to use the donations for the parks. Passed by the City Council of Oak Park Heights this 13`' day of April, 2021. Mary McComber ATTEST: Mayor Eric A. Johnson City Administrator Page 18 of 86 Jennifer Pinski From: Joelle Nielsen <nielsenj472@gmail.com> Sent: Thursday, April 1, 2021 2:10 PM To: Jennifer Pinski Subject: Re: Donation You are welcome and you also have a great rest of your week. On Thu, Apr 1, 2021 at 1:57 PM Jennifer Pinski <ipinski@cityofoakparkheights.com>wrote: Thank you Joie, We are grateful for your generosity! I will direct those checks to be deposited and used for the City parks. Have a great rest of your week! Jennifer Pinski, CMC City of Oak Park Heights 651-439-4439 From:Joelle Nielsen <nielseni472@gmail.com> Sent:Thursday,April 1, 2021 1:52 PM To:Jennifer Pinski <ipinski@citVofoakparkheights.com> Subject: Donation Hello Jen, I would like to checks I wrote out for the inquiry of renting the pavilion at Autumn Hills Park and the alcohol application (that was already reserved by others) to be put as a donation to the City of Oak Park Heights parks instead of returning the checks back to me. i Page 19 of 86 THIS PAGE INTENTIONALLY LEFT BLANK Page 20 of 86 Oak Park Heights Request for Council Action Meeting Date: Tuesday April 13, 2021 Agenda heti: Sx eeping Contract Time seq. 1 MlT1LItCS Agenda Placement: Consent Originating Department/Request : AndyKeale Public Works Director Requester's Signature Action Requested: Authorize taff to contract with St. Croix Sweeping for 2021 Background/Justification(Please indicate any previous action has been taken or if other public bodies have been advised). See attached memo. Page 21 of 86 �r;77 Ya ti` City of Oak Park Heights 14168 Oak Park Blvd N.•Oak Park Heights, NTN! 55082• Phone(651)439-4439.Fax 439-0574 Memorandum To: Eric Johnson, Administrator Cc: Mayor and Council From: Andrew Kegley, Public Works Director Date: 04/06/21 Re: Sweeping Contract Renewal -St. Croix Sweeping As the City does every year, it is now time to enter into an agreement with a street sweeping contractor, In the past, the I've sought quotes from various sweeping contractors; St. Croix sweeping always proposes the lowest rate, by at least $25/hr. St. Croix sweeping is locally owned and the owner/operator responds in accordance with the contract to sweeping requests. St. Croix Sweeping proposes to enter into an agreement with the City to sweep City Streets with a 2.3% increase (new rate is $81.50/hr) over 2020 hourly rates for operating the sweeper, and no increase for the truck used to haul material out of the City. There is also no increase in the debris dumping fees. Occasionally, but rarely a tandem axel truck is used to haul sweeping debris, that rate increase did not increase. The sweeping rates are favorable to the City, therefore I recommend entering into an agreement with St. Croix Sweeping for the City's 2021 street sweeping needs. Page 22 of 86 Anchorlandcare/St. Croix Sweeping SCHEDULE OF PRICES 2021 'Elio andcnsignad agr=to fitsnbth ow of tho pieces of equipment dc"nbed on-die preceding pages m accortda oo with the ftmo of this proposal and ag eament at du rater: cnk=d below at such time as they may bc;requestod by the C'ily. C ontmotor may propusc unc;or Trium of'r;.at=b-type of rquipmunt., disposal casts and Sims anti spucif es the location cri any tampm-my bolding site for struct 5woupings A quetarinit ntiav'r.•c rejected if any'alteration or erasursis mads in enteringthe rates, c�ucrtatintt rates rriusc hc; �ntcr�r�, Lnid or Wc3vriiten t'rrit Vin. 'lope ofquipment kare Pi2r Hour 1 � Elgin Sweeltcr 81.50 2 Single Az}n Trek S 47.00 3, Tandem Axie Track i $ 80.00 µ. Skid Loader g 75.00 Disposal Cost: Eat}Y Sig Sweeping Disposal Cost: S 3.75r yard or S_ _ per ton Tall S wcepittg Disposal Cost: S-5.W______per yard or$ nGr ton Page 23 of 86 CITY OF OAK PARK HEIGHTS AGREEMENT FOR STREET SWEEPING 2021 1. PURPOSE INTENT 1.1. Street Sweeping The purpose of this agreement provides the City of Oak Park Heights (hereinafter City) and St. Croix Sweeping (hereinafter called Contractor) with a mutually acceptable agreement to provide planned and emergency scheduled street sweeping operations on local city streets, roadways, and parking lots within the City of Oak Park Heights, Minnesota. 1.2. Administration This agreement shall be entered into with the City of Oak Park Heights, administered by the Public Works Director and under the direct operational supervision of the Public Works Director and or his designee. 1.3. Routes The Public Works Director and/or his designee will determine which streets are to be swept and shall schedule all sweeping operations with the Contractor. 1.4. Street Sweeping Policy This City sweeping policy requires three sweepings of the City streets per year. It is the intention of the City to retain the services of the Contractor for each sweeping operation. In addition, the City may request additional sweepings of single streets or sections of the city as required. These additional sweepings include cleanup days or are generally due to construction activities, storms or other unplanned activities that require street sweeping. Page 24 of 86 1.5. Scope of Operations The City requires that the Contractor provide a minimum of one (1) piece of equipment to perform the entire sweeping operation with a dump truck for hauling sweeping waste material. 2. LENGTH OF AGREEMENT 11. This agreement shall be an initial agreement for the sweeping season commencing April 2021. This agreement may be renewed by written mutual consent of both the City and the Contractor. 2.2. This agreement may be terminated by the City at any time during the agreement, without penalty, by written notice delivered by certified mail sent to the Contractor at the address referenced on the proposal form. 2.3. The City cannot and will not guarantee a minimum number of work hours for any sweeping operation or duration of the agreement. 3. EQUIPMENT 3.1. Street Sweeper Only contractors using commercial grade equipment such as an "Elgin Pelican" or"TYMCO"or equivalent will be considered as qualified contractors. All sweeping equipment must use a water spray system to suppressed dust. 3.2. Dump Truck The Contractor shall provide a minimum of one (1) truck equipped with a dump bed for transport of sweeping waste material. 3.3. Skid Loader At certain locations within the City sand used for snow and ice control may accumulate to a point where a Street sweeper cannot effectively remove the material. In these areas the contractor shall provide a skid loader or manual labor Page 25 of 86 for removal of the bulk of the material prior to sweeping. Skid loader or other equipment work may be required for other work in the City of Oak Park Heights. 3.4. Accessories & Safely Equipment The Contractor and his employees shall follow all federal, state, county or other laws that may be in effect related to the performance of this project. All vehicles shall be properly equipped and outfitted to meet all local, county, state and or federal laws required for on the road emergency sweeping operations. Such vehicles shall provide the operator with full visibility in 360-degree direction and shall have a backup warning system. The operator's cab shall be fully enclosed and properly equipped with all equipment necessary to allow the efficient and safe operation of that vehicle. The City reserves the right to reject at any time, without notice to the contractor, any vehicle that does not comply with all rules or regulations required for on the road sweeping operations. Rejection of a vehicle's acceptability will also take into consideration the condition and limitations of operation the vehicle or its accessory equipment. 3.5. Vehicle Des�ation/RepIacements The Contractor shall provide to the City a copy of the certificate of title including the vehicle identification number(if available) and license plate number within 10 days of execution of this contract. After inspection by the City, the City will verify those vehicles acceptable for performance under this contract. Except for emergencies, any planned substitution or replacement of previously approved equipment shall require prior written approval by the City. 3.6. Identification of Disposal Site and Indemnification The disposal site and any temporary storage sites for the street sweeping waste material must be identified by the contractor prior to the beginning of sweeping. The contractor agrees to indemnify and hold harmless the City with regard to any Iiability resulting from the storage and or disposal of the sweeping material. The storage and disposal site shall meet all applicable county, state and or federal Page 26 of 86 rules and regulations for storage and disposal of Municipal Street sweeping waste material. 4. OPERATOION & MAINTENANCE 4.1. Operator The Contractor shall ensure that the operator provided with each piece of equipment is fully trained and properly licensed with the state of Minnesota to operate the vehicle and or anticipated replacement, The Contractor shall make every effort possible to assure that the same operator performs the sweeping operation throughout the duration of this agreement. The Contractor shall certify that the operators have completed all necessary safety training. 4.2. Parts and Fuel The hourly rates contained herein shall cover all operation and maintenance expenses including but not limited to fuel, lubricants, supplies and support services. It shall include all labor, tools and equipment necessary for making any and all repairs or replacements which may be necessary to keep and maintain the machine and all parts thereof in proper and safe working order. 4.3. Storage The Contractor shall assume all responsibility and costs associated with maintaining proper and necessary protection/shelter/storage for all vehicles and equipment. Equipment storage is not allowed on City property unless specific use is in the City's best interest during the sweeping event and then it is limited to temporary storage only with prior approval from the Public Works Director or his designee. 5. HOURLY RATES 5.1. Equipment and Operators All hourly rates quoted and attached hereto shall include full operation of the equipment by a qualified operator. 5.2. Quantities All rates quoted shall be on an hourly basis and shall be rounded to the nearest one Q.1 (tenth) of an hour. Page 27 of 86 5.3. Premium/Overtime No premium calculation or additional adjustment shall be given to the rates quoted for any hours worked regardless of the day, date, time of day or consecutive hours worked in any giving sweeping operation or calendar week unless specifically provided for in the agreement under section 7.1. 5.4. Nonproductive/Downtime The hourly rate shall be paid for the actual number of hours the machine is operated under the direction of the City. The City shall not be responsible for payment for any time taken for rest or meal breaks. However, the City will recognize payment for onsite routine maintenance and repairs or adjustments necessary to keep the machine properly operating. This allowance shall be provided for only those pieces of equipment previously approved by the City for required sweeping operations under this agreement. 6. PERFORMANCE REQUIREMENTS 6.1. Personnel The Contractor shall provide the City with the name, address and telephone number(s) for at least two designated contact personnel responsible for assuring response to the City's request for service. The Contractor shall ensure that at least one of the contact people is available and assessable 24 hours per day seven days per week. 6.2. Response Time The Contractor shall respond and begin sweeping operations within two (2) days and no later than four(4) days from the start time requested by the City for any given sweeping request, weather permitting. The Contractor shall ensure that the equipment and operator are ready and able to continuously provide sweeping services through the completion of the sweeping operations designated by add to the satisfaction of the City. The Contractor shall not allow any given operator to work more than sixteen (16) consecutive hours without an eight (8) hour break. The Contractor will be responsible for providing replacement personnel if sweeping operations require more than sixty (60) consecutive hours of operation. Page 28 of 86 6.3. Down Time The Contractor shall assure that all equipment provided is maintained in a proper manner to minimize required maintenance or emergency repairs during the performance of sweeping operations. If, when commencing a sweeping operation, a piece of equipment becomes disabled and nonfunctional for a period of three(3) consecutive days, the contractor shall provide a satisfactory replacement vehicle and operator if necessary at no additional cost to the City. 6.4. Communications The Contractor will maintain communication with the City throughout the duration of any given sweeping operation. The Contractor shall ensure that the operator maintains full availability for communication at times during sweeping operations. The Contractor will maintain continuous communication with their operators such that directions from the City can be relayed to the operator in a timely manner. 6.5. Authority/Direction The Contractor and his designated operator shall respond to all directions given by the City in a positive, courteous and timely matter during sweeping operations. The City reserves the right to reject any piece of equipment or operator from continued or further engagement of services due to incompetence, insubordination or inability to function properly for requested services. The contractor shall begin sweeping operations at a designated point and follow a specific progression as directed by the City. 6.6. Law Obedience The Contractor and his designated operator shall be responsible for their actions and compliance with all regulatory laws and ordinances governing the operation of the machine while performing sweeping operations for the City. 6.7. Non Performance The Contractor shall waive any and all objections, rights to objections and claims for additional compensation, damages or loss of revenue resulting from work performed by the City or its designee either prior to, during or after any scheduled or emergency sweeping operation in Lieu of these contractual services Page 29 of 86 as may be necessary due to nonperformance or excessive delays of the Contractor. 6.8. Property Damage The Contractor shall be responsible for any and all damages to private and public property (including public utilities) due to his own or his employee's negligence in performing sweeping operations. 7. COMPENSATION 7.1. Payment Schedule All pay requests must be prepared and submitted by the contractor as verified and approved by the Public Works Director. All pay requests received and approved by the Public Works Director shall be processed and payment made by the City not more than thirty(30) days after receipt. 7.2. Down Time No payment shall be made for any nonproductive or downtime of any singular sweeping operation. Compensable time shall include all time spent performing the sweeping operation subject to the exclusions identified herein and shall include all time spent performing the sweeping operations subject to the exclusions and identified herein and shall include travel time to and from the contractors base of operations or City limits, whichever is the shorter distance. 7.3. Liquidated Damages for Untimely Performance If the Contractor consistently is not able to respond and begin sweeping operations within four(4) days after the time requested by the City, penalties will be assessed as follows: 5% of the rate quote herein will be deducted for each day or portion thereof beyond four(4)days to when operations begin, Starting with the second untimely response and every time thereafter. If the Contractor does not respond within seven (7) days of the City's requested time of initiation, the City shall, at its discretion hire a different contractor for that sweeping event. Page 30 of 86 S. INSURANCE/LIABILITY CLAIMS 8.1. Indemnification The Contractor indemnifies and holds harmless the City and all of its agents and employees of and from any and all claims, demands, actions or causes of action of whatsoever nature or character arising out of or by reason of the Contractor's performance under this agreement. It is hereby understood and agreed that any and all employees of the contractor and all other persons employed by the Contractor in the performance of services under this agreement, required or provided four here under by the contractor shall not be considered employees of the City and that any and all claims that may or might arise under the workers compensation act of the state of Minnesota on behalf of set employees while so engaged in any and all claims made by any third parties as a consequence of any act or omission on the part of said contractors employees while so engaged in the performance of the services, to be rendered herein by the Contractor shall, in no way, be the obligation or responsibility of the City. 8.2. Insurance The Contractor shall, at his sole expense, carry and maintain liability insurance coverage in an amount not less than $1,000,000 protecting the Contractor, his employees and the City against any and all claims of any kind or character whatsoever arising from the damage, injury including bodily injury or death caused by or arising from the operation and use of the machine at the request of the City. Such insurance shall be in full force and effect during the time that the machine is operated and at the request of the City. Such an insurance policy shall provide or a minimum of 30 days written notice to the City of cancellation, nonrenewal or material change of the required insurance coverage. The requirement and approval of this insurance by the City shall not in any way relieve or decrease the liability of the contractor. It is expressly understood that the City does not in any way represent that the specific limits of liability or coverage or policy forms are sufficient or adequate to protect the interest or liabilities of the contractor. Copies of the insurance certificates shall be filed with the city upon execution of this agreement. Page 31 of 86 8.3. Legal Compliance The Contractor agrees to comply with Allstate and or federal laws and local ordinances governing the employment of personnel including,but not limited to, Minnesota statute section 181.59 relating to discrimination in employment, and section 290.07 requiring the certification of income tax withholding. 8.4. Claims The Contractor agrees to process and resolve all claims submitted by affected property owners of the City of Oak Park Heights in a timely manner. 9. AGREEMENT APPROVAL CONSIDERATIONS 9.1. Selection This City reserves the right to retain the services of the Contractor who, in the opinion of the city, can best provide the services requested under this agreement. Consideration shall be given to hourly rates, and availability, condition of equipment, competency of operators, previous experience, response time and specific pieces of equipment so quoted. 9.2. Combination of Quotes This City reserves the right to select any combination of equipment quoted for service as requested in entering into this agreement. Only one hourly rate will be considered for each machine, but consideration will be given to any other rate or combination of rates not called for in this proposal if it is in the best interest of the City. 10. PROPOSALS A quotation is to be entered in the schedule of prices for each machine the Contractor proposes to furnish and such quotations shall be an hourly rate. All proposals must be typed written or printed in ink and properly signed by an officer of the company. If the submitted proposal is accepted by the City and properly countersigned, it shall constitute a formal agreement between the City and the contractor with no further revisions addenda or exceptions acknowledge and less previously noted in writing on the quote proposal form. All require performance bonds, insurance certificates and Page 32 of 86 additional requested information shall be submitted in a form acceptable to the City upon execution of the agreement and request by the city. 11. ADOPTED BY REFERENCE OF PROPOSAL The attached proposal, schedule of prices and description are adopted as reference as this part of the agreement. 12. RECORD DISCLOSURE/MONITORING PROCEDURES Pursuant to Minnesota statute the books, records, documents and accounting procedures and practices of the Contractor relevant to this contract are subject to examination by the contracting agency and either the legislative auditor or the state auditor as appropriate. The Contractor agrees to maintain these records for a period of three(3) years from the date of termination of this agreement. 13. EQUAL EMPLOYMENT OPPORTUNITY—CIVIL RIGHTS During the performance of this agreement, the Contractor agrees to the following: no person shall, on the grounds of race, color, religion, age, sex, disability, marital status, public assistance status, creed coronation of origin be excluded from full employment rights in, participation in,be denied the benefits of or otherwise subjected to discrimination under any and all applicable federal and state laws against discrimination including but not limited to the Civil Rights Act of 1964. The contractor will furnish the City with all reports required by the secretary of labor and or the Minnesota Department of human services for the purposes of investigation to ascertain compliance with such rules, regulations and orders. The provisions of Minnesota statute IS 1.59 regarding nondiscrimination and violations related therefrom are incorporated in this paragraph by reference as an obligation of the Contractor. If during the term of this contract or any extension thereof., it is discovered that the Contractor is not in compliance with the applicable status and regulations or if the Contractor engages in any discriminatory practices the City may cancel this agreement as provided by the cancellation clause. Page 33 of 86 IN WITNESS WHEREOF, the parties have set fourth their hands and seal this day of , 2021. For: St. Croix Sweeping Company .It's: Owner By: Craig Berggren By: Andy Kegley, Director of Public Works Page 34 of 86 a Oak Park Heights Request for Council Action Meeting Date: Tuesday April 13. 2021 Agenda Item : Strect Sea]itlg -Areas 9, 10 and I 1 Time Req. 3 Minutes Agenda Placement: New Business Originating Department/Requestor: Andy legley, Public Works Director Requester's Signature Action Requested: Authorize staff to ntract with Fahrner Asphalt Bacl:ground/Justification(Please indicate any previous action has been taken or if other public bodies have been advised). See attached memo. Page 35 of 86 City of (yak Park Heights 14169 Oak-Park- Blvd ti.•Oak.Park Heights,-MN'55092 •Phone.(651)439-4439• Fax 439-0574 Memorandum To: Eric Johnson, Administrator Cc: Mayor and Council From: Andrew Kegley, Public Works Director ©ate: 04/07/2021 Re: Street Maintenance- Sealing Using GSB-88 Street maintenance typically follows a five to seven year cycle: - Year 0: Construct - Year 7: Seal - Year 14: Mill and Overlay - Year 21: Seal - Year 28: Reconstruct Some of the newly constructed streets are due for seating (Asea 9, 10, 11). In the past,the City opted for chip seal applications, because that was the most economical way to seal a street and this type of maintenance matched the City's need to seal aging streets at the time. Recall a few years back the City contracted with Fahrner Asphalt to seal trails with a product called GSB 88. Using the proprietary product on the trail system provided a test run of sorts for a possible street application in the future. The product bonded well, it provided a slip resistant surface and seemed to withstand regular pedestrian traffic as well as PW maintenance vehicle traffic as well as a chip seal would. GSB-88, is a restorative sealant containing a rejuvenating agent that is sprayed and immediately covered with slag sand. It provides the introduction and reintroduction of oils and resins lost in the oxidation process, and adds some protection against further oxidation. It is Green Circle Certified so it is one of the most environmentally sound pavement preservation products available and provides protection against water intrusion. GSB-88 can be applied with minimal traffic disruption and is approved by the FAA. GSB-88 is.a product Page 36 of 86 designed for preventative rather than reactive maintenance. It is formulated to bond and rejuvenate asphalt that is in good condition, and therefore meets the City's current needs. Because GSB-88 is proprietary, Fahrner Asphalt is the only company that applies it in Minnesota. Fahrner Asphalt provided a unit cost of$1.15/sq yd to seal 41,894 Sq Yds. This equates to a cost of$48,178.10 to seal the streets within areas 9, 10 and 11, which is equivalent to 2012 chip seal costs. Street maintenance funding is planned using the seal coat/crack seal budgeted projects fund, which has a balance of$473,399 and a projected 2021 expense of$60,000. 1 recommend the Council authorize staff to contract with Fahrner Asphalt to apply GSB-88 sealant on city street areas 9, 10 and 11 for the estimated cost of$48, 178.10. 2 Page 37 of 86 T i CID s , SOP my ii�" C Q r N° w w. , ,. ' ..��. � • .P - _ $far .,. `� rr�,.+a"' �.�.:.�a � ""�'.. /`'rMS/�\ „�� 1. "��' f "'^"a re�" ..ram. ��.. rer'� 1u.,w ��• �o- �' WF,, ry a tt � W > a CL CL IF 1 khMJF V _ - �a W ,w L � c}/fir T y �10 Co jr. y ,.• - OD C3� e- e- r Y :ate, '� w,r� �k f � �� •'�'a"X°'�"'h ,.. *.�� " N " w 7 Il 0 �. w k O -6 f86 -w • P e 3 0 Sealcoating 2021 Area 9 Street Length(ft) Width(ft) Square Feet Square Yards Upper 55th St N 1140 26 29640 3293 56th St N 1130 26 29380 3264 56th St Cir N 230 26 5980 664 Ozark Ave N 520 26 13520 1502 56th St Cir N Cul da Sac 90 90 25434 2826 Ozark Ave N Cul da Sac 90 90 25434 2826 Valley View Drivway(No Curb) 1830 25 45750 5083 Valley View Drive way(Curb) 560 22 12320 1369 Parking Lot 1( North end) 160 60 9600 1067 Parking lot 2(South end 210 50 10500 1167 Total Sq Yards 23062 Area 10 Street Length(ft) Width(ft) Square Feet Square Yards Oline Ave N 980 20 19600 2178 58th St N 225 20 4500 500 Olinda Ave N 700 20 14000 1556 59th St N 210 20 4200 467 Total Sq Yards 1 4700 Area 11 Street Length(ft) Width(ft) Square Feet Square Yards 56th St N 350 20 7000 778 Upper 56th St N 190 20 3800 422 57th St N 815 20 16300 1811 58th St N 950 20 19000 2111 58th St N Cul da Sac 90 90 8100 900 Peller Ave N 1460 20 29200 3244 Penrose Ave N 1460 20 29200 3244 Penfield Ave N 425 20 8500 944 Back Alley 435 14 6090 677 Total Sq Yards 14132 Combined total for sealcoat area 41894 ISquare Yards Page 39 of 86 PROPOSAU CONTRACT /#\ Job. No. Date: April 07, 2021 PILO2800 Mecca Drive WAUNAKEE,WI 53597 FAHRNER 3463FRE1 IC,15th it et 2224SAGINAW,Ve er MI 48601 2800 Mecca[7riue 316 Raemisch Roan 3468 115th Street 2224 Veterans Memorial Pkwy Ph..715.341.2868 Ph, 608.849.6466 Ph.'715.653.2535 Ph.'989.752.9200 Fax 715,341.1054 Fax:508.849.6470 asphalt sealersik Fax 715.653-2553 Fax 989.752.9265 KAUKAUNA,W!54130 EAU CLAIRE,WI 54703 DUBUQUE,lA 52002 OAKDALE,MN 55126 860 Eastline Road 6615 U-S. Hwy 12 W 7680 Commerce Park 7500 Hudson Blvd.,Ste 305 Ph. 920.759.1008 Ph,:715.874.6070 Pavement AM in ten ance Contractors Section C Ph651.340.6212 Fax 920.759.1019 Fax 715.874.6717 EP01.9:1 IG}-er Ph..563.556.6231 Fax 651 340.6221 P Fax 563.588.1240 CORPORATE OFFICE: 1.800.332.3360 Contact Name: ANDREW KEGLEY Contract Price $48,178.10 PURCHASER: City of Oak Park Heights TELEPHONE: (651)439-4439 ADDRESS: PO BOX 2007 DESCRIPTION OF PROPERTY: 14168 Oak Park Blvd N 2021 GSB-88 Residential Oak Park Heights, MN 55082 PO BOX 2007 14168 Oak Park Blvd N Oak Park Heights, MN 55082 1. FAHRNER Asphalt Sealers, L.L.C. (CONTRACTOR) and PURCHASER agree that, CONTRACTOR shall furnish the labor and materials to complete certain construction in accordance with the following specifications: Road list provided by Andy Kegley. See attached. Bid price is set for 41,894 SY. Additional SYrs will be billed separately. GSB-88: Thoroughly clean the existing surface with a self propelled broom. Apply GSB-88 at a rate of approximately .10 gallons per square yard. Inmmediately apply black slag sand at a rate of approximately .50 pounds per square yard. TOTAL: $48,178.10 This proposal may be withdrawn if not accepted and received by CONTRACTOR within 30 days of the date above and/ or at any time before performance of the work hereunder upon CONTRACTOR'S determination that the PURCHASER is not creditworthy. 2. If proposal is accepted please sign, retain one copy and forward a copy to our office, 3. The undersigned("PURCHASER")agrees to pay CONTRACTOR the total price of $48,178.10 and/or the unit prices specified above for the labor and materials specified above which payment shall be due upon completion of each stage of work. PURCHASER acknowledges that the specifications,conditions and price quotes specified above are satisfactory and hereby accepted. Acceptance of this Proposal includes acceptance of all the terms and conditions on back. CONTRACTOR: PURCHASER: Fahmer Asphalt Sealers,J_LC:612-7-04-0908 I have read and understand the terms and conditions on both sides melissa.thomas@fahrnerasphalt.com of this contract. Melissa Thomas (PRINT OR TYPE NAME) (PRINT OR TYPE NAME) N(e�r' 7"� By: By: (CONTRACTOR REPRESENTATIVE) (PURCHASER AUTHORIZED REPRESENTATIVE) Date: April 07,2029 nate of acceptance: Page 40 of 86 TERMS AND CONDITIONS NOTICE OF LIEN RIGHTS PERSONS OR COMPANIES FURNISHING LABOR OR MATERIALS FOR THE IMPROVEMENT OF REAL PROPERTY MAY ENFORCE A LIEN UPON THE IMPROVED LAND IF THEY ARE NOT PAID FOR THEIR CONTRIBUTIONS, EVEN IF THE PARTIES HAVE NO DIRECT CONTRACTUAL RELATIONSHIP WITH THE OWNER. MINNESOTA LAW PERMITS THE OWNER TO WITHHOLD FROM THE OWNER'S CONTRACTOR AS MUCH OF THE CONTRACT PRICE AS MAY BE NECESSARY TO MEET THE DEMANDS OF ALL OTHER LIEN CLAIMANTS, PAY DIRECTLY THE LIENS AND DEDUCT THE COST OF THEM FROM THE CONTRACT PRICE. OR WITHHOLD AMOUNTS FROM THE OWNER'S CONTRACTOR UNTIL THE EXPIRATION OF ONE HUNDRED TWENTY (120) DAYS FROM THE COMPLETION OF THE IMPROVEMENT UNLESS THE CONTRACTOR FURNISHES TO THE OWNER WAIVERS OF CLAIMS FOR MECHANICS' LIENS SIGNED BY PERSONS WHO FURNISHED ANY LABOR OR MATERIAL FOR THE IMPROVEMENT AND WHO PROVIDED THE OWNER WITH TIMELY NOTICE_ ACCEPTANCE OF WORK All labor and material is conclusively accepted as satisfactory unless excepted to in writing within seven(7)days of performance. EXTRA WORK All alterations or deviations from any of the terms of this contract shall be in writing and executed by the parties hereto. Any extra cost involved therein will became an extra charge to be paid by PURCHASER over and above the contract price. PURCHASER'S RESPONSIBILITIES PURCHASER acknowledges and understands that it shall be responsible for obtaining any and all permits which may be required in connection with the performance of this Proposal/Contract. Where applicable, PURCHASER shall also be responsible for backfilling areas that border along the newly paved surface to eliminate potential cracking. PURCHASER assumes all liability for any damages done to underground utilities and/or structures unless CONTRACTOR has been notified,upon acceptance of this Proposal,as to the specific location and depth of any such buried uVitiesistructures Unless exempt, in accepting this Proposal/Contract, PURCHASER acknowledges that it shall comply with the requirements of all applicable federal,state, and focal employment laws,executive orders,codes and regulatfons(the"Requirements')effective where the work and/or services are being performed including,but not limited to,41 CFR§§60-1.4(a)(1)-(8),60-1.4(b),60-1.4(c)or their successors effective where this Proposal/Contract is performed. To the extent required by law,all provisions of the Requirements are hereby incorporated into and made apart of this Agreement and any applicable ag reements of CONTRACTOR. To the extent applicable,the Requirements include,but are not limited to,(1)prohibition of discrimination because of protected veteran status,disability,race,Color,religion,sex,sexual orientation, gender identity,national origin and because of inquiry or discussion about or disclosure of compensation,(2)affirmative action to employ and advance in employment individuals without regard to race.sex,disability,or protected veteran status,(3)compliance with the Employee Notice clause contained in 29 C.F.R.part 471,Appendix A to Subpart A,or its successors,(4)compliance with the EEO-1 and VETS-4212 reports filing requirements in 41 G.F.R.§§60-1.7 and 41 C.F.R.§61-300,10,or their successors, (5)compliance with paycheck transparency obligations of 48 C.F.R. §22.2005, including the contract clause found at 48 C,F.R_ §52.222-60,which is incorporated by reference as if fully set forth herein.(6)other affirmative action in employment,(7)requiredlcertified payrolls,(8)social security acts,(9)unemployment compensation acts, (10)worker's compensation acts, (11)equal employment opportunity acts and(12)the required contract provisions for Federal-Aid Construction Contracts, Form FHWA-1273, if applicable- When applicable,PURCHASER and CONTRACTOR shall abide by the requirements of 41 GFR 60-300.5(x).This regulation prohibits discrimination against qualified protected veterans, and requires affirmative action by covered prime contractors and subcontractors to employ and advance in employment qualified protected veterans. When applicable,PURCHASER and CONTRACTOR shall abide by the requirements of 41 CFR 60-741.5(a). This regulation prohibits discrimination against qualified individuals on the basis of disability, and requires affirmative action covered by prime contractors and subcontractors to employ and advance in employment qualified individuals with disabilities. INCLEMENT WEATHER Inclement weather may alter the completion of the work to be furnished hereunder Furthermore, special consideration should be given if work is to be performed before May 1 or after October 15 in light of less than desirable weather conditions which could potentially impair the quality of the work performed hereunder. WARRANTY All material is guaranteed to be as specified and all work is to be completed in a workmanlike manner according to standard practices. All labor and matenalswill be guaranteed against defect for one(1)year from date of installation. Due to Minnesota winters and expansion and contraction of the ground, some cracking of the pavement may be experienced, There are no express or implied warranties of merchantability.quality.quantity or of fitness for any particular purpose,which extend beyond those specifically set out in this document. All warranties are void if oyment is not made as stipulated. DELINQUENCY CHARGE Payment is due and payable upon completion of each stage of the work. If PURCHASER defaults on the payment required, PURCHASER will be liable for all costs of collection,including reasonable attorney's fees,and a delinquency charge on the balance at the maximum rates allowed by law The Delinquency Charge rate shall be 1.5% per month (18%APR) plus all costs of collection, including reasonable attorney's fees. CONTRACTOR retains title to all merchandise covered by this Agreement until full payment is received according to the above terms of sale. PURCHASER consents in any action or legal proceeding relating to this Contract. commenced by the CONTRACTOR to the personal jurisdiction of any court that is either a court of record in the State of Minnesota or a court of the United States located in the State of Minnesota INDIVIDUAL LIABILITY The undersigned PURCHASER agrees to be individually liable for al€terms of the Agreement.regardless of whether he or she signs individually or as an agent far the owner of the property upon which the work is being performed or for any other individual,partnership or corporation. PRODUCT INFORMATION AND MAINTENANCE Since the asphalt in blacktop needs time to harden and cure, usually 6-12 months, your asphalt pavement will remain soft and pliable during warm weather. During this time,don't park in the same spot every time and do not tum your steering wheel back and forth when your car is not moving. It is not unusual to experience some cracking over the winter due to the contraction and expansion of the ground,especially over culverts,pipes,electric wires, eta Avoid gasoline and petroleum product spills as they will destroy your pavement. If spills do occur,immediately flush with lots of soapy water. If you decide to seal coat your pavement..wait until the summer following installation. We recommend a good quality coal tar emulsion sealer as they are impervious to gasoline and petroleum product spills BINDING EFFECT This Agreement shall be binding upon the parties hereto,their heirs,personal representatives,successors and assigns. ENTIRE AGREEMENT This written Proposal/Contract consisting of two(2)sides contains the entire Agreement and understanding between the parties, and no provision,terms,warranties, representations or promises,either expressed or implied,other than those set forth herein are binding on either party. Page 2 of 2 Page 41 of 86 THIS PAGE INTENTIONALLY LEFT BLANK Page 42 of 86 Oak Park Heights Request for Council Action Meeting Date April 13th, 2021 Time Required: 1 Minute Agenda Item Title: Consider Resolution Declaring A Local Emergency for Safe1y and Protection. Agenda Placement Consent Agenda Originating Department/Requestor: Eric Johnson, City Administrator Requester's Signature: Action Requested Approve Resolution Declaring A Local Emergency for Safety and Protection. Background/Justification (Please indicate if any previous action has been taken or if other public bodies have advised): Given the possibility (although unlikely) of some forms of civil disturbance related to the verdict Derek Chauvin trial within the Twin Cities area, many communities are considering the adoption of an EMERGENCY DECLARATION that gives some immediate authorities to City Staff to enable a response—such as various purchasing, overtime and a more immediate path to enact curfews or other actions that may be reasonable to better ensure normalcy in our City—in the event some situations arise. From a practical standpoint, with the Resolution adopted all City operations would remain status quo until it was apparent further action is necessary. Page 43 of 86 RESOLUTION A RESOLUTION DECLARING A LOCAL EMERGENCY FOR SAFETY AND PROTECTION WHEREAS, on February 5, 2021, Minnesota Governor Tim Walz issued Executive Order 21-06 Providing Public Safety Assistance during Potential Civil Unrest,activating the Minnesota National Guard;and WHEREAS,the City anticipates that Governor Walz may issue additional orders and guidance relevant to the 21-06 Order including possible curfew or other public safety measures for which the City shall be responsible to implement and/or participate with;and, WHEREAS, in response, the Mayor and Council desire to declare a Local Emergency in recognition of the community risk posed by the emergency and related Orders;and WHEREAS,the City's related Emergency Management staff has been working diligently with local, state,and federal partners to maintain awareness and provide a response to the emergency;and WHEREAS,vandalism, looting and violent protests have triggered a more specific response for public safety and protection and are predicted to impact residents and those who work in or travel through the City;and WHEREAS, the City Administrator and the Chief of Police find that this situation threatens — or has the reasonable potential to threaten the health,safety,and welfare of the citizens of the community and may cause a significant impact on the ability of public safety personnel to address any immediate dangers to the public;and WHEREAS, the City Administrator and the Chief of Police find that traditional sources of financial aid, assistance and relief, and traditional timing of adopting ordinances, obtaining permits, implementing safety policies and protocols may not be adequate or timely to cover and respond to the potential impact of the emergency and additional coordination and assistance on resources. NOW THEREFORE BE IT RESOLVED by the Mayor and City Council of the City of Oak Park Heights as follows: 1. Under the authority of Minnesota Statutes Section 12.29 and City Ordinance 1118.06 the Mayor declares that a State of Emergency exists within the City and is so affirmed by the City Council,effective on today's date,with all the powers and responsibilities attending thereto as provided by Minnesota Statutes Chapter 12;and 2. That all City departments and offices are directed to operate and support the planning for and response to this emergency to the extent that is practicable and to implement strategies and protocols as needed under the direction and coordination of the City Administrator and Chief of Police. 3. In the event of immediate emergency needs during this Emergency Declaration that requires prompt and immediate responses in order to protect the immediate concerns of the public health,safety and welfare, the Chief of Police shall direct such City resources until such immediate emergency situation is abated. 4. That this State of Emergency will remain in effect until the emergency status no longer requires emergency response and recovery efforts but not later than May 31st, 2021 unless extended or amended by the City Council. This Resolution has been duly approved by the City Council this 13th day of April,2021. Mary McComber,Mayor Attest: Jenni Pinski,City Clerk Page 44 of 86 Oak Park Heights Request for Council Action Meeting Date April 13`h, 2021 Time Required: 1 Minutes Agenda Item Title: MPCA—MS4 Application/Permit SWPP. Agenda Placement Consent Agenda Originating Department/Requestor Eric Johnson, City Administrator Requester's Signature: Action Requested Approve Proposal for Engineering Services - MPCA—MS4 Application/ Permit SWPP Background/Justification (Please indicate if any previous action has been taken or if other public bodies have advised): Please see the attached memo from LEE MANN, STANTEC—City Engineer related to the City next steps in its required MS4 Application—Estimated Cost of$13,000. This work proposed is necessary and REQUIRED for the City to remain in compliance with its REQUIRED MS4 Permits. Funding would be from the City Storm Water Fund sources. Please note given the time constraints for this work STANTEC was given permission to initiate some of this work, but needs final authorization from the Council. Page 45 of 86 March 11,2021 File: 193801828 Attention: Eric Johnson City Administrator City of Oak Park Heights 14168 Oak Park Blvd North P.O. Box 2007 Oak Park Heights, MN 55082 Dear Eric, Reference: MPCA MS4 Permit—Application and SWPP Update— Proposal for Engineering Services The City of Oak Park Heights is a Municipal Separate Storm Sewer System (MS4) as determined by the Minnesota Pollution Control Agency (MPCA) and covered under the Phase II MS4 General Permit. This permit coverage has been in effect since August 1St, 2013. On November 16th of 2020, the MPCA reissued the MS4 General Permit. The City of Oak Park Heights is preparing to update your Storm Water Pollution Prevention Program (SWPPP) to remain in compliance with the new MS4 General Permit. The purpose of this letter is to provide the City of Oak Park Heights with a scope and cost for Stantec to assist the City with completing the SWPPP update to remain in compliance with the new MS4 General Permit. After reviewing the new General Permit and TM DL information, Stantec has identified other requirements that the City will need to complete prior to submitting their MS4 Permit application documents. The City's application will need to include: • MS4 Part II permit application/SWPPP • TM DL Application For background, the following is an approximate process or steps to remain in compliance with the General Permit: 1. The City will complete the permit application, including a TMDL application and submit to the MPCA by April 15th, 2021 2. The MPCA will review and make a preliminary determination if they view the application as complete. 3. Once the City's application is determined to be complete by the MPCA, the City's application documentation will go to a 30-day public comment period. 4. Following the comment period, the MPCA will review any comments and work with the City to resolve these comments. 5. The MPCA will then make a final determination and issue a letter of coverage under the General Permit to the City. The date of the letter is considered the date of permit coverage. 6. The City will have 12 months from the date of permit coverage to implement the new permit requirements. Page 46 of 86 The six steps above can be grouped into two major categories or phases: 1. Phase 1 - MS4 Permit Application Submittal (Steps 1-5) a. This scope of services focuses on Phase 1 2. Phase 2 - Implementation of new requirements (Step 6) a. Phase 2 is not part of this scope of services. Stantec will provide a scope and cost for Phase 2 once the MPCA is approved the City's permit application. 1. Phase 1 Scope of Services: MS4 Permit Application Submittal This scope of services is for assistance to the City to update your SWPPP Document and implement items to remain in compliance based on the MS4 General Permit reissued November 16, 2020. The tasks below are based on the following assumption: • All meetings will be held virtually. Each detailed task description outlines the scope, necessary actions of the City, and the Stantec deliverables. Task 1: Permit Application /SWPPP The SWPPP document is the foundation of the City's MS4 Program. To comply with the MS4 permit application requirements, an updated SWPPP must be submitted to the MPCA that complies with the new General Permit. Stantec will review the City's current SWPPP and identify new requirements that will need to be updated and added to the City's SWPPP document to remain in compliance. Stantec will work with City staff to determine how the City can best address these new requirements. A draft SWPPP will be provided to the City for review and comment. Stantec will summarize the required updates during a meeting with City staff. A final SWPPP will be provided to the City prior to submitting to the MPCA. A draft MS4 Permit application will be provided to the City for review and comment. A final copy of the MS4 Permit application will be provided to the City prior to submitting to the MPCA. City Responsibilities: Attend one meeting to discuss the new permit requirements; review and provide comments on the updated SWPPP document; review and provide comment on the MS4 Permit application; sign and submit permit application. Stantec Deliverable(s): Summary of new permit requirements; draft and final versions of updated SWPPP document; draft and final versions of the MS4 Permit application. Page 47 of 86 Task 2: TMDL Application Based on currently available data on the MPCA website, the City has three Total Maximum Daily Limit (TMDL)waste load allocations (WLA)that it must comply with (see below). The Lake St. Croix and South Metro TMDLs are a Categorical WLA, which means that the City does not have a specific assigned WLA that it needs to meet, but compliance is spread out over multiple entities and is tabulated by a single entity (typically a watershed district). Stantec will coordinate with the appropriate Watershed District and evaluate the City's WLA responsibility for this TMDL. The last TMDL, the Browns Creek Impaired Biota, is an individual permit that has a specific WLA already assigned to the City. We will quantify the removals similar to the categorical WLA, but the WLA reporting will go directly to the MPCA. TMDL Pollutant TMDL Approval Date Browns Creek Impaired Biota TMDL TSS 12/21/2010 Lake St. Croix Excess Nutrient TMDL TP 6/5/2019 South Metro Mississippi TSS TMDL TSS 4/26/2016 City Responsibilities: Provide applicable data related to stormwater BMP's for the TMDL evaluation; Review and provide comments on the draft TMDL application. Attend one meeting. Stantec Deliverable(s): Draft and final TMDL Application Form. 2. Modifications to the Scope of Services Any additions, including any of the exclusions listed above, or reductions to the Scope of Services and associated fee changes initiated by either Stantec or the City, must be documented in writing, dated, and acknowledged by both parties prior to commencement of work. 3. Schedule Stantec will work with the City to complete the scope of work defined above by April 15th, 2021. 4. Compensation Estimated Compensation The following table presents our proposed fee to complete described above. These tasks will be billed on an hourly basis in accordance with our current Master Services Agreement with the City of Oak Park Heights. Page 48 of 86 Task Task Name Proposed Task Fee Number Amount 1 Permit Application /SWPPP $4,700 2 TMDL Application $8,200 Total Proposed Task Fee $12,900 Expenses It is anticipated that our expenses will include mileage for field visits and miscellaneous printing and postage costs associated with. We estimate a total of$100 for these expenses; however, expenses will be invoiced as they are incurred, based on actual quantities. Electronic versions of information will be included with the deliverables at no additional charge. Compensation Summary Item Description Proposed Fee Amount Tasks Proposed Fee $12,900 Expenses Mileage, printing, and postage $100 Total Proposed Fee $13,000 5. Conclusion Services will be provided in accordance with the Master Services Agreement between Stantec and City of Oak Park Heights. If this proposal is acceptable to the City, please sign and return one copy for our records to indicate we are authorized to proceed with the services discussed in this proposal. We are prepared to begin work on the tasks upon authorization as our schedule indicates and look forward to continuing our working relationship. The tasks outlined above will be prepared by or under the supervision of Tyler Johnson. If you have questions about any of the information contained in this letter, please contact Tyler directly. We appreciate the opportunity to provide MS4 related services to the City of Oak Park Heights. Page 49 of 86 CITY OF OAK PARK HEIGHTS By Print Name and Title Date Regards, Stantec Consulting Services Inc. P.E.(MN) Tyler Johnson P.E.(MN,ND,AZ) Principal Senior Associate Phone: 612 712 2085 Phone: 612 712 2065 Lee.Mann@stantec.com Tyler.Johnson@stantec.com Attachment: N/A Page 50 of 86 ap(r:lclientlmunicipalloak_park_heights_ci_mnlstormwater1ms4120211ms4 renewalloak_park_heights_ms4 services_scope_3-10-21.docx Page 51 of 86 THIS PAGE INTENTIONALLY LEFT BLANK Page 52 of 86 Oak Park Heights Request for Council Action Meeting Date April 13TH, 2021 Time Required: 1 Minutes Agenda Item Title: Proclamation—Municipal Clerks Week—May 2nd—Ma, Agenda Placement Consent Agenda Originating Department/Requestor: Mayor Mary McComber Requester's Signature Action Requested Approve Proclamation Background/Justification (Please indicate if any previous action has been taken or if other public bodies have advised): Read and Approve Proclamation for Municipal Clerks Week Page 53 of 86 ProcCamation 52nd.AW-WU.AL PROFESSIONAL -'ALU.NICIP.AL CLERICS 1NEEX May 2 - -'May 8, 2021 `Whereas, The Office of the Professional Municipal Clerk, a time honored and vitalpart of localgovernment exists throughout the works and 'Whereas, The Office of the Professional-Municipal Clerk is the oldest among public servants, and 'Whereas, The Office of the Professional-Municipal Clerk provides the professionallink between the citizens, the localgoverning bodies andagencies ofgovernment at other levels, and `Whereas, Professional-Municipal Clerks have pledged to be ever mindful of their neutrality andimpartiality, rendering equalservice to all 'Whereas, The Professional-Municipal Clerk serves as the information center on functions of localgovernment and community. 'Whereas, Professional-Municipal Clerks continually strive to improve the administration of the affairs of the Office of the ProfessionaC- Municipal Clerk through participation in education programs, seminars, workshops and the annualmeetings of their state,provincial, county andinternational professional organizations. -Whereas, it is most appropriate that we recognize the accomplishments of the Office of the Professional Municipal Clerk. Naw, 'therefore, I, Mary -'McComber, Mayor of Oak Park Heights, do recognize the week of May 2 through May 8, 2021, as ProfessionaC- Municipal Clerks -Week, andfurther extendappreciation to our Professionah►Municipal Clerk,Jennifer Pinski and to all Professional Municipal Clerks for the vital services they perform and their exemplary dedication to the communities they represent. Dated-this -------------------------day of------------------------- 2021 --------------------------------- Mayor .Attest:---------------------------- Page 54 of 86 Oak Park Heights Request for Council Action Meeting Date April 13, 2021 Agenda item Consider Issuance of an Off-Sale Intoxicating Liquor- License for Yayin Gadol, LLC dba Top Ten Li cors Time Req. 5 Agenda Placement _ Public Hearing Originating Department/Requestor ministration/ki-inifer Pitiski t Requester's Signature 1- Action Requested Decision on approval of liquor license Background/Justification (Please indicate any previous action has been taken or if other public bodies have been advised). Yayin Gadol d/b/a Top Ten Liquors has applied for a new off-sale intoxicating liquor license for a business to be located at 13435 60t` Street North. The application has been investigated by the City Attorney and the Police Department and found to be in compliance with the City ordinance requirements for liquor license issuance. The investigation fee and license fee have been paid. Notice of this Public Hearing was published in the Stillwater Gazette on March 19, 2021 and has been posted at City Hall since March 15, 2021. The Notice was also mailed to all liquor license holders within the City of Oak Park Heights. City staff recommends approval of the off-sale intoxicating liquor license contingent on approval from the Minnesota Department of Public Safety, Alcohol and Gambling Enforcement Division. Page 55 of 86 NOTICE OF PUBLIC HEARING TO CONSIDER ISSUANCE OF AN OFF-SALE INTOXICATING LIQUOR LICENSE FOR YAYIN GADOL, LLC DBA TOP TEN LIQUORS CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA NOTICE IS HEREBY GIVEN that the City Council of the City of Oak Park Heights, Washington County, Minnesota shall hold a public hearing to consider issuing an off-sale intoxicating liquor license to Yayin Gadol, LLC dba Top Ten Liquors for a store located at 13435 60a' Street North, Oak.Park Heights, Minnesota. The public hearing shall be held on Tuesday, April 13 at 6.00 o'clock p.m. Written or oral comments will be considered. "Hiis meeting will be conducted by video/telephone conference due to the ongoing COVID-19 Health pandemic. The meeting will follow the provisions of Minnesota Statute § 1313.021. If practical, members of the public may be permitted to remotely listen to the meeting as provided in 13D.021, Subd. 3, subject to such person paying for any added cost incurred by the City as a result of the additional connection. The open meeting can be viewed remotely online at: at htt s;//us 02 web.zoom.us/j/4786278054 or by calling (312-626-6799) and entering meeting ID 4786278054. Please contact the City at 651-439-4439 or jpinski(a7cityofoakparkheights.com in advance of April 13, 2021 if you have any questions about access. Dated this 15"day of March, 2021. BY ORDER OF THE CITY COUNCIL Jennifer Pinski, City Clerk Page 56 of 86 Oak Park Heights Request for Council Action Meeting Date April 13th, 2021 Time Required: 5 Minutes Agenda Item Title: Lookout Trail—Accept Bids and Award Contract Agenda Placement Old Business Originating Department/Requestor Eric Johnson, City Administrator Requester's Signature Action Requested Award Lookout Trail Project—Dresel ContractingInc.I Background/Justification (Please indicate if any previous action has been taken or if other public bodies have advised): In January 2021 the City Council did authorize STAFF to seek bids on the Lookout Trail project and which was based on the approved Option 3 Design. At this time bids have been received and the City Council—if it desires to move forward with the Project, could award the bid as outlined in the attached memo from the City Engineer dated 4/8/21. Please see the attached memo from LEE MANN, STANTEC—City Engineer. NOTE: The City has yet to consider and execute a final construction services agreement with STANTEC for this project— Staff would expect that to be ready for Council consideration on 4/27/21. Page 57 of 86 April 8, 2021 Honorable Mayor and City Council City of Oak Park Heights 14168 Oak Park Boulevard Oak Park Heights, MN 55082 Re: 2021 Lookout Trail Improvements Stantec Project No. 193805070 Bid Results Dear Honorable Mayor and City Council: Bids were opened for the 2021 Lookout Trail Improvements Project on March 31, 2021. Transmitted herewith is a copy of the Bid Tabulation for your information and file. Copies will also be distributed to each Bidder once the Project has been awarded. There was a total of 5 Bids. The following summarizes the results of the Bids received: Contractor Total Base Bid Low Dresel Contracting, Inc. $975,985.95 #2 Miller Excavating, Inc. $993,333.33 #3 Midstate Landscaping & Excavating $1,030,884.15 #4 A-1 Excavating, Inc. $1,033,641.00 #5 Bituminous Roadways Inc. $1,249,191.25 The low Bidder on the Project was Dresel Contracting, Inc.with a Total Base Bid Amount of $975,985.95. This Bid compares to the Engineer's Opinion of Probable Costs of$1,080,00.00. These Bids have been reviewed and found to be in order. If the City Council wishes to award the Project to the low Bidder, then Dresel Contracting, Inc. should be awarded the Project based on the Total Base Bid Amount of $975,985.95. Should you have any questions, please feel free to contact me. Sincerely, STANTEC CONSULTING SERVICES INC. Lee M. Mann, P.E. 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N N Q N O N p Q C 3 Z z CLcnO D In O N N N EH EH W EH N N W O(n W EEN W N W U W OH AU (nW (n (n O O V U W (n O O A (n OOW O O O O O O O O O n (nO (VOOOOOOOOOOOOOOOOOOOOV wn Page 64 of 86 Oak Park Heights Request for Council Action Meeting Date April 13th 2021 Time Required: 5 Minutes Agenda Item Title: Palmer Station PUD Amendment- 5573 Oak Cove N. -Front Yard Setback and Retaining Wall Amendments Agenda Placement New Business Originating Department/Requestor: Eric Johnson, City Administrator Requester's Signature Action Requested _Discussion, Possible Action Background/Justification (Please indicate if any previous action has been taken or if other public bodies have advised): Please see the attached from Scott Richards, City Planner 1. Planning Report—Dated March 31st, 2021 2. Approved Planning Commission Resolution—Unsigned 3. Proposed City Council Resolution. Page 65 of 86 3601 Thurston Avenue N, Suite 100 Anoka, MN 55303 Phone: 763.231.5840 Facsimile: 763.427.0520 TPCTPC@PlanningCo.wm PLANNING REPORT TO: Eric Johnson FROM: Scott Richards DATE: March 31, 2021 RE: Oak Park Heights — Planned Unit Development Amendment — Alterations to Retaining Wall and Grading for Lot 8, Palmer Station. TPC FILE: 236.02 — 21.04 BACKGROUND Olivia Gavic, representing Creative Homes Inc. has made an application for a Planned Unit Development Amendment to allow for changes to a boulder rock retaining wall for Lot 8, Palmer Station located at 5573 Oak Cove North. The Planned Unit Development Amendment is required to vary from the changes to the original grading plans and locations of the retaining wall. The City Council approved the request for the rezoning, Planned Unit Development, and Preliminary and Final Plat for the thirteen-lot subdivision of the Palmer property at their July 22, 2014 meeting. On July 28, 2020, the City Council approved a Planned Unit Development Amendment for reduction in the front yard setback from 30 feet to 20 feet for Lots 7, 8 and 9 of Palmer Station or 5606, 5573, and 5607 Oak Cove North, respectively. The current proposal is to place the new dwelling 20.5 feet from the property line for Lot 8 and to make changes to the retaining wall. The property is zoned R-1 Single Family Residential District. The review is based upon the following submittals: Exhibit 1: Certificate of Survey for Lot 8 Exhibit 2: Elevation Diagram of Boulder Wall Exhibit 3: Site Pictures Exhibit 4: Report of the City Engineer Page 66 of 86 PROJECT DESCRIPTION Ms. Gavic has indicated that the reason for the request is to allow the expansion of the existing retaining wall to allow construction of a three-car garage and to keep proper drainage through the lot. The house will be pulled forward to 20 feet from the property line which will keep it aligned with the adjacent existing house. The site plan indicates a portion of the retaining wall to be removed and the line marked in red on the survey shows the proposed retaining wall location. The elevation diagram shows the wall to be constructed from fieldstone boulders with a wrought iron fence at the top of grade. The highest part of the wall is 12 feet tapering to one foot. The fence is needed for any part of the wall over a four-foot elevation. ISSUES ANALYSIS Comprehensive Plan. The Comprehensive Plan 2018 designates this area as Low Density Residential. The Palmer Station development is in conformance with the Comprehensive Plan. Zoning. The property is currently zoned R-1 Single Family Residential District. The R- 1 District requires a front yard setback of 30 feet, side yard setbacks of 10 feet and rear yard setback of 30 feet. The Planned Unit Development Amendment approved in July 2020 reduced the front yard setback by 10 feet to 20 feet. Exhibit 1 shows the proposed building footprint at the 20.5-foot setback. The change to the retaining wall was considered enough of a variation to the grading plan that it required a Planned Unit Development. The retaining wall and grading shall be subject to approval of the City Engineer. Planned Unit Development Amendment Review. The Planning Commission and City Council should review the criteria for a Conditional Use Permit in considering the Planned Unit Development: The conditional use permit criteria, found in Section 401.03.A.7 of the Zoning Ordinance, are found as follows: 1. Relationship to the specific policies and provisions of the municipal comprehensive plan. 2. The conformity with present and future land uses in the area. 3. The environmental issues and geographic area involved. 4. Whether the use will tend to or actually depreciate the area in which it is proposed. 5. The impact on character of the surrounding area. 6. The demonstrated need for such use. 7. Traffic generation by the use in relation to capabilities of streets serving the property. 8. The impact upon existing public services and facilities including parks, schools, streets, and utilities, and the City's service capacity. 9. The proposed use's conformity with all performance standards contained herein (i.e., parking, loading, noise, etc.). 2 Page 67 of 86 Comment: The Planning Commission should comment if any of these criteria will be at odds with the Planned Unit Development Amendment proposed for the site. The changes to the retaining wall and grading will not negatively impact any of the above criteria. City Staff does not see any issues with the request. Grading and Drainage. A grading plan has been provided as part of the submittals. The City Engineer shall review and approve all of the grading and drainage plans including the boulder rock retaining wall. The City Engineer has provided a letter that is found as Exhibit 4 and includes a condition that the City shall be notified when the final grading of the lot is complete, prior to placement of sod, so that the grades and drainage can be confirmed. Easements. No existing easements will be impacted, nor new easements are required with this request. CONCLUSION / RECOMMENDATION Upon review of the request for a Planned Unit Development Amendment to allow for changes to a boulder rock retaining wall and grading for Lot 8, Palmer Station located at 5573 Oak Cove North, City Staff recommends the application with the following conditions: 1. The final grading and drainage and plan for the boulder rock retaining wall for Lot 8 shall be subject to approval of the City Engineer. 2. The boulder rock wall shall be constructed as per the certificate of survey dated March 4, 2021 and the wall elevation dated March 24, 2021 including the addition of the wrought iron fence as indicated. 3. The City shall be notified when the final grading of the lot is complete, prior to placement of sod, so that the grades and drainage can be confirmed, subject to approval of the City Engineer. 4. Any other conditions of the Planning Commission, City Council and City Staff. pc: Julie Hultman 3 Page 68 of 86 " Certificate of Survey for: �`"'jc -- I cit Cmrn 1,-3/4/211 2 CII Cammmb-7 L 21 0.•w� CREATIVE HOMES,INC. Nt^h�(1 t3N L. L/ r 4 ,rr I N� Y f fide Na \ T 1 G t e4 el fend.. -144 11 11 (andw House Address; v Yk-Y % �,,^,{ 5573 Oak Cove North,Oak Park Heights,MN toRelalnlp be removed I + 95 6.2 ti /1lHouse Model: Victoria Centel of a n.wide town Bearings shown are assumed Fall Plan acexe Per GRAPHIC SCALE ExMh 1 N_++ �3e`C.I321p ;Vi 9�' `��4 .b\ \� / Told S k�to of GLrb., ...11.132 soff. 0 15 JD so Iron Fore K' P9S I ! Tow Lot kw . ................. 9 Se / • s �jp• 1 S / .......!5,188 0.k. ExN1Yp 3 C .. ...,...... Retaining walr / Y 3190 sq.R. (IN FEET) S �, (8.5x14 sheet) Edge al ni;m ld S $' wer Cradhg Plain x 941.'x� ` DFrWV .j1 7°R'1N'S 9tJ �" �s 1EGAL DESCRIPTION: / ' ° Lot 8, Block 1, PALMER STATION, /'�o/ 7. Sgi eve} vy. # n y Washington County,Minnesota �N n To Th I 1 947.0 x x C3 Mlnlmum lowest floor Elevation: 949.1 z2 '1r" ro e�9+d, X49'9 5,'e° 'e `J t PROPOSED BUILDING ELEVATIONS `944- e w 9N.5 4�9 �t + `�� 6 off► a �° 9"37 1 Lowest floor l7ewt(an: ell i L 947.4�n Ift Y - 0 u Er+^et N x949.5 ° uI Top of Foundation Elevation: 955 y^SNfTLAND 19;x9 }ci�j w �• 00, � �;U Geroge Slab Devotion(at doe): 959.2 Nwl•943.3% / 917d 9 `� 0"/ x 9/95 Q �; 1 -- i ' Edelbg 1 h'toe / 2 YR NK•f)14�3.7 4 ti xy�p '9 10 ITJ NOTES; ( ,-Chan Fwwe tO lA His.9 94A6x 9q.2 1 B x / q4 x91, "9425 94ty TION SIN G 1.Proposed budding site grading is in accordance with the t an Pro9ertY Live 10018 Its.946.6 916.E i •9415 s 1 bJ odh Ime prepared b Elan Des Labe,last i v / C.B. --- ' r-9k--.._... 94. ( 9r 9 D D P Y Design Rin=946.6 37.74 99 9499 J .967( YR) o revised 8/23/1e. Ne9'J50+8 947.4 R'"{Ia•'era)-941.2946• '�� •9159(ID YR) is:c 2.Contractor must verify sewer depth. I � 1132 94571 Rm`hy�9)=94to xy46.ei00"y�9•hep(t�M Z Li 3.Driveways shown ae for graphic purposes only. Find driveway I n m ^ 94design and location to be determined by owner/builder. w ^ 232.19 n 951.6 ^ 32 J /� 9456 916.2 937.3 4,All budding foundation dimensions shown on this survey I m • °i N8935'02"W /V,DMtew"used Contour include exterior foundation ineulatbn widUw,if applicable. CARLSON ENGINEERING A% b ; Refer to final building plans for foundation details. SURVEYING u Denotes Existing Tree Location , off; Denotes Existing Contour I hereby certify to Creative Homes,Inc,that this survey,pian or report WAINENVIRONMENTAL "'a Denotes Existing Hydrant p Denotes Exstng Curb Stop was prepared by me or under my direct supervision and that 1 am o x OW.O Denotes Existing Elevation duly licensed land surveyor under the lows of the State of Minnesota. p Denotes Existing Electric Box Denotes Proposed Devatlon Doted this 611h day of January,2021. Denotes Existing Television Box °10�eiwNr�aoIr6EN[unEwanARl9,s9sww � --Denotes Direction of Drpinoge Signed: s N Inc. ( 1a79Td/,Two\FAX MAM,7p9\CA610NNCaAwICON G Denotes Existing Telephone Box -Denotes Drainage k Utility Easement v Denotes Existing ht Pole y (per recorded lot 786 7708.008 GBv p Denotes Existing Service t Denotes Iron Monumentamus A.Bdluff,L eg.No.40J61 I Peter J.Slomquist,LS.Reg.No.51676 Page 69 of 86 biz w z z 0 > �x LU 4 � LU LU Q o n w Q CLLI O Q Q o m w °- ''-' LL- z Q LLI n LU Q i z i -- O JLLJ U i H D m x LLJ Q LL i O w Z i w w i i V > � ! w Lq L � w �7 a w Z w LU � O = Q 1LU VIL Z a C) Q - j w (V 11� H w Q a v �_ w z W O m 3 ~ w O ' o zO m p Q &Dw � ] < OL0 o Z o m LLI 11) w � cy- > o- LLJ II — W ~ 0U W- w �L ii LL- < = lL CIS a < = wCY C) Lu QLU O � o Lo o ,a v; yR ic_ 00 „ .c t y t+ Ii r ✓'7,� � if ` �� atX",1 �. • 4 li..�ry. "� q, r.. -RJ. .. _ , •i>• ,..) � �� _ � Y,�'..JRA+` '� 1 -a�`+,. 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J• ."_ .^�.` #�•'`�.,,• W X14_ t�ij+x A.�, �x {�94 �� 1 � ...t:..�+3C `� �! .{• r�1 x i .�`�..,sem��1'a' ,i�.+� �`(� r -,�, •%-^- •,_� yF < i r 1 A RECOMMENDING RESOLUTION OF THE PLANNING COMMISSION CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY,MINNESOTA A RESOLUTION ESTABLISHING FINDINGS OF FACT AND RECOMMENDING TO THE CITY COUNCIL THAT THE REQUEST FROM OLIVIA GAVIC, REPRESENTING CREATIVE HOMES FOR A PLANNED UNIT DEVELOPMENT AMENDMENT TO ALLOW ALTERATIONS TO A RETAINING WALL AND GRADING FOR LOT 8, PALMER STATION LOCATED AT 5573 OAK COVE NORTH, SHOULD BE APPROVED WITH CONDITIONS WHEREAS,the City of Oak Park Heights has received a request from Olivia Gavic, representing Creative Homes, for a Planned Unit Development Amendment to allow alterations to a boulder rock retaining wall and grading for Lot 8, Palmer Station located at 5573 Oak Cove North, and after having conducted a public hearing relative thereto, the Planning Commission of Oak Park Heights makes the following findings of fact: 1. The real property affected by said application is legally described as follows, to wit: SEE ATTACHMENT A and 2. The applicant has submitted an application and supporting documentation to the Community Development Department consisting of the following items: SEE ATTACHMENT B and 3. The City Council approved the request for a rezoning, Planned Unit Development, and Preliminary and Final Plat for a thirteen-lot subdivision of the Palmer property at their July 22, 2014 meeting; and 4. On July 28, 2020, the City Council approved a Planned Unit Development Amendment for reduction in the front yard setback from 30 feet to 20 feet for Lot 8, Palmer Station; and 5. The Applicant has requested that the City consider alterations and expansion of the existing retaining wall and grading to allow construction of a three-car garage and to grade the site to keep proper drainage through the lot; and Page 74 of 86 6. A Planned Unit Development Amendment is required to make alterations to the retaining wall and grading; and 7. City staff prepared a planning report dated March 31, 2021 reviewing the request and criteria for Planned Unit Development/Conditional Use Permit review found in Section 401.03.A.7 of the Zoning Ordinance; and 8. Said report recommends approval of the Planned Unit Development Amendment subject to the fulfillment of conditions; and 9. The Planning Commission held a public hearing at their April 8, 2021 meeting, took comments from the applicants and public, closed the public hearing, and made the following recommendation: NOW, THEREFORE,BE IT RESOLVED BY THE PLANNING COMMISSION FOR THE CITY OF OAK PARK HEIGHTS THAT THE PLANNING COMMISSION RECOMMENDS THE FOLLOWING: A. The application submitted for a request from Olivia Gavic, representing Creative Homes, for a Planned Unit Development Amendment to allow alterations to a boulder rock retaining wall and grading for Lot 8, Palmer Station located at 5573 Oak Cove North and affecting the real property as follows: SEE ATTACHMENT A Be the same as hereby recommended to the City Council of the City of Oak Park Heights for approval with the following conditions: 1. The final grading and drainage and plan for the boulder rock retaining wall for Lot 8 shall be subject to approval of the City Engineer. 2. The boulder rock wall shall be constructed as per the certificate of survey dated March 4, 2021 and the wall elevation dated March 24, 2021 including the addition of the wrought iron fence as indicated. 3. The City shall be notified when the final grading of the lot is complete, prior to placement of sod, so that the grades and drainage can be confirmed, subject to approval of the City Engineer. 4. Any other conditions of the Planning Commission, City Council and City Staff. Page 75 of 86 Recommended by the Planning Commission of the City of Oak Park Heights this 8th day of April 2021. Timothy Freeman, Chair ATTEST: Eric A. Johnson, City Administrator Page 76 of 86 ATTACHMENT A P, Planned Unit Development Amendment Allowing Alterations To A Retaining Wall And Grading Lot 8 Palmer Station 5573 Oak Cove N. Washington County Parcel ID Numbers: 04.029.20.23.0098 Legal Description: Lot 8, Block 1, Palmer Station Page 77 of 86 ATTACHMENT B r Planned Unit Development Amendment Allowing Alterations To A Retaining Wall And Grading Lot 8 Palmer Station 5573 Oak Cove N. Application Materials • Application Form • Fees • Plan Sets • Written Narrative and Graphic Materials Explaining Proposal • Mailing List from Washington County (350'/150' from subject property) Planning Commission Public Hearing & Recommendation: April 8, 2021 Required Approvals: PUD Amendment City Council 4/5 PUD Amendment: Unless a General Plan of Development covering the area designated as in the General Concept Plan as the first stage of the PUD has been filed within twelve (12) months from the date Council grants General Concept Plan approval, or in any case where the applicant fails to file General Plan of Development Stage and Final Plans and to proceed with development in accordance with the provisions of this Ordinance and of an approved General Concept Plan, the approval may be revoked by Council action. (401.06.C.2.e) Page 78 of 86 RESOLUTION NO. CITY COUNCIL CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY,MINNESOTA A RESOLUTION ESTABLISHING FINDINGS OF FACT AND RESOLUTION OF THE CITY COUNCIL THAT THE REQUEST FROM OLIVIA GAVIC, REPRESENTING CREATIVE HOMES FOR A PLANNED UNIT DEVELOPMENT AMENDMENT TO ALLOW ALTERATIONS TO A RETAINING WALL AND GRADING FOR LOT 8, PALMER STATION LOCATED AT 5573 OAK COVE NORTH, BE APPROVED WITH CONDITIONS WHEREAS,the City of Oak Park Heights has received a request from Olivia Gavic, representing Creative Homes, for a Planned Unit Development Amendment to allow alterations to a boulder rock retaining wall and grading for Lot 8, Palmer Station located at 5573 Oak Cove North, and after having conducted a public hearing relative thereto, the Planning Commission of Oak Park Heights recommended the application with conditions. The City Council of the City of Oak Park Heights makes the following findings of fact and resolution: 1. The real property affected by said application is legally described as follows, to wit: SEE ATTACHMENT A and 2. The applicant has submitted an application and supporting documentation to the Community Development Department consisting of the following items: SEE ATTACHMENT B and 3. The City Council approved the request for a rezoning, Planned Unit Development, and Preliminary and Final Plat for a thirteen-lot subdivision of the Palmer property at their July 22, 2014 meeting; and 4. On July 28, 2020, the City Council approved a Planned Unit Development Amendment for reduction in the front yard setback from 30 feet to 20 feet for Lot 8, Palmer Station; and Page 79 of 86 5. The Applicant has requested that the City consider alterations and expansion of the existing retaining wall and grading to allow construction of a three-car garage and to grade the site to keep proper drainage through the lot; and 6. A Planned Unit Development Amendment is required to make alterations to the retaining wall and grading; and 7. City staff prepared a planning report dated March 31, 2021 reviewing the request and criteria for Planned Unit Development/Conditional Use Permit review found in Section 401.03.A.7 of the Zoning Ordinance; and 8. Said report recommends approval of the Planned Unit Development Amendment subject to the fulfillment of conditions; and 9. The Planning Commission held a public hearing at their April 8, 2021 meeting, took comments from the applicants and public, closed the public hearing, and recommended the application with conditions. NOW, THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL FOR THE CITY OF OAK PARK HEIGHTS THAT THE CITY COUNCIL APPROVES THE FOLLOWING: A. The application submitted for a request from Olivia Gavic, representing Creative Homes, for a Planned Unit Development Amendment to allow alterations to a boulder rock retaining wall and grading for Lot 8, Palmer Station located at 5573 Oak Cove North and affecting the real property as follows: SEE ATTACHMENT A Be the same as hereby approved by the City Council of the City of Oak Park Heights with the following conditions: 1. The final grading and drainage and plan for the boulder rock retaining wall for Lot 8 shall be subject to approval of the City Engineer. 2. The boulder rock wall shall be constructed as per the certificate of survey dated March 4, 2021 and the wall elevation dated March 24, 2021 including the addition of the wrought iron fence as indicated. 3. The City shall be notified when the final grading of the lot is complete, prior to placement of sod, so that the grades and drainage can be confirmed, subject to approval of the City Engineer. 4. Any other conditions of the Planning Commission, City Council and City Staff. Page 80 of 86 Approved by the City Council of the City of Oak Park Heights this 13th day of April 2021. Mary McComber, Mayor ATTEST: Eric A. Johnson, City Administrator Page 81 of 86 ATTACHMENT A P, Planned Unit Development Amendment Allowing Alterations To A Retaining Wall And Grading Lot 8 Palmer Station 5573 Oak Cove N. Washington County Parcel ID Numbers: 04.029.20.23.0098 Legal Description: Lot 8, Block 1, Palmer Station Page 82 of 86 ATTACHMENT B r Planned Unit Development Amendment Allowing Alterations To A Retaining Wall And Grading Lot 8 Palmer Station 5573 Oak Cove N. Application Materials • Application Form • Fees • Plan Sets • Written Narrative and Graphic Materials Explaining Proposal • Mailing List from Washington County (350'/150' from subject property) Planning Commission Public Hearing & Recommendation: April 8, 2021 Required Approvals: PUD Amendment City Council 4/5 PUD Amendment: Unless a General Plan of Development covering the area designated as in the General Concept Plan as the first stage of the PUD has been filed within twelve (12) months from the date Council grants General Concept Plan approval, or in any case where the applicant fails to file General Plan of Development Stage and Final Plans and to proceed with development in accordance with the provisions of this Ordinance and of an approved General Concept Plan, the approval may be revoked by Council action. (401.06.C.2.e) Page 83 of 86 THIS PAGE INTENTIONALLY LEFT BLANK Page 84 of 86 SO- Oak Park Heights Request for Council Action Meeting Date March 23, 2021 Agenda Item Consider Cancellation of April 27, 2021 Council Meeting Time Req. 2 Agenda Placement New Business Originating Department/Requestor Mayor Mary McComber Requester's Signature Action Requested Discussion and possible cancellation of 04/27/2021 meeting Background/Justification (Please indicate any previous action has been taken or if other public bodies have been advised). Page 85 of 86 THIS PAGE INTENTIONALLY LEFT BLANK Page 86 of 86