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HomeMy WebLinkAbout12-22-09 Council Packet CITY OF OAK PARK HEIGHTS TUESDAY, DECEMBER 22, 2009 CITY COUNCIL MEETING AGENDA 7:00 P.M. 7:00 p.m. L Call to Order/Ple&�e of Allegiance /Approval of Aienda Estimated times 7:05 p.m. IL Department /Council Liaison Reports A. Planning Commission B. Parks Commission C. Cable Commission D. Water Management Organizations E. Other Liaison /Staff Reports 7:10 p.m. III. Visitors/Public Comment Recycling Award (1) 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.) 7:10 p.m. IV. Consent Aienda (Roll Call Vote) A. Approve Bills & Investments B. Approve City Council Minutes — December 8, 2009 (2) C. 2010 Home Occupation Permit Renewals (3) D. Award Winter Boulevard Tree Pruning Bid to Rainbow Tree Care (4) E. Approve 2010 Area Charge for Connection to Water, Sewer and Storm Sewer Systems (5) F. City Hall Facility — Award Asbestos Abatement Contract to Low Bidder (Envirobate) (6) G. Transfer Brekke Park Memorial Fund to Budgeted Projects Fund and Close Brekke Park Memorial Fund (7) H. Approve Tower Asphalt, Inc. Final Payment for 2009 Mill and Overlay (8) 7:15 p.m. V. Public Hearings None 7:15 p.m. VI. Old Business A. City Hall Facility Update (no enclosure) B. St. Croix River Crossing Project — Appointment to Serve on WQMAC (9) 7:30 p.m. VII. New Business A. 2010 Water and Sewer Rate Study (10) B. City Code of Ordinances — Update CC 102 Master Fee Schedule (11) C. City Hall Facility — Furniture (12) D. Consider Amendments to CC 401.15 E — Fencing, Screening, and Landscaping (13) E. Consider Amendments to CC 1001 — Regulation of the Use of Water and Sewer (14) F. Xcel Energy — Moelter Fly -Ash Site Close -Out Plan & Funding Commitment (15) Page 1 of 138 City Council Agenda December 22, 2009 Page 2 of 2 G. Consider Request from Pine Grove Gardens — Proposed STH 36 Frontage Road Location (16) H. Consider Resolution Approving an Amended Planning Commission Schedule for 2010 (17) I. 2010 City Council Meeting Dates (18) 8:15 p.m. IX. Adiournment Page 2 of 138 � Oak Park Heights Request for Council Action Meeting Date December 22, 2009 Agenda Item Recvclina Award Time Required a Agenda Placement Visitors /Public Comment Originating Department /Requester Administration /Jennifer Pinski Requester's Signatures n Action Requested Receive Information Background /.l List] fication (Please indicate anY previous action has been taken or if other public bodies have been advised), Page 3 of 138 CITY OF OAK PARK HEIGHTS II iliL IJilill II Ililllll ,Ili II 1IIII III,IILIlil! I�111111111 IlilI III il, 11111'.11III IIIII�II.... IliI IIIi,11,l,ll,l,ll III II II Ii IliI.,l,i...11lli 111 Il,lll,lllli II IIIIIiIi II ll,I,I�. I IIIiIIliI1111L1,i,l iliil IIllill lllllllllil111i, 11lll, llll, lllu Ili! llllii 111,1�1,1141l Ill, It YIIII i141i1�11 14168 Oak Park Boulevard No. • P.O. Box 2007 • Oak Park Heights, MN 55082 -2007 ° Phone: 651/439.4439 ° Fax: y 651 /439 -0574 December 17, 2009 Martin and Louise Fenner 6315 Peacan Ave N. Oak Park Heights, MN 55082 Dear Mr. and 'Mrs. Fenner: Thank you for participating in the City's recycling program. As an incentive to recycle and to increase Ore 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 Your residence was checked on Thursday, December 17, 2009 to determine if you had your recycling bin out with your regular garbage. Your recycling was out and ready for collection; therefore, you are one of this month's winners. Please contact me at 439 -4439 at your convenience to arrange for delivery of the reward of your choice. On behalf of the Oak Park Heights City Council, thank you for participating in the City's recycling program. Congrat latlor�sl Jennifer Pinski Administrative Secretary /Deputy Clerk i I r I � I 11Ii YIIIIII III I II,I II 11 I iIIIIi1 iLll i,ll,lilrlui IJI,IUIl IIII iI II,l111i tllllii�Lli ills ll Yi.lu4 IIII III I.Illlilllll ll IIII III 111 llillli III Ii I.I Ilil il,l ,L Ili1 lil li illll,lili, I IIIii II IiiI II Ir IIII II I,Ili lillll, Ili II JI IY III Il lua eN�41i ILlrl lullI I, II�1 LI I,I I�I,I, III,.III III li III iI , l I,�1 i ,L� n� II I VIII I11111IN II. Tree City U.S.A. Page 4 of 138 A A Oak Park Heights Request for Council Action Meeting Date December 22, 2009 Agenda Itern Approve Citv Council Minutes — Decen S, 2009 Time Required 0 Agenda Placement Consent Originating Department / Requestor Adh'rinistration /Jennifer Pinski r/ c � Requester's Signature � IN._.. Action Requested Approve Background /Justification (Please indicate any Previous action has been taken or if other Public bodies have been advised). Page 5 of 138 CITY OF OAK PARK HEIGH'T'S 7:00 P.M. TUESDAY, DECEMBER S, 2009 CITY COUNCIL MEETING MINUTES 1. Call to Order /Pledec of Allegiance /Approval of Aeenda: The meeting was called to order at 7 :00 p.m. by Mayor Beaudet. Present: Councihnembers Abrahamson, McComber, Runk, and Swenson. Staff present: Administrator Johnson, City Attorney Vierling, City Engineer Long;, City Planner Richards, Finance Director Hoist, and Public Works Director Kegley. Absent: None. Mayor Beaudet added "City Ifall Facility — Approve Change Order #2 - $0.00" to Old Business Item A, and removed New Business Item D 1rorn the agenda. Councilmernber McComber, seconded by Councilmember Swenson moved to approve the Agenda as amended. Carried 5 -0. 11. Department /Council Liaison Reports: A. Planning Commission:. City Planner Richards reported that the last meeting was November 12 and the Planning Commission had a public hearing; on a fence zoning amendment. He reported that the next meeting of the Planning Commission was scheduled for December 10 at 7.00 p.m. with a public hearing on design guidelines. B. Parks Commission: Councllmember MGColnber reported that the next Parks Commission meeting was set for December 21 at 6.30 p.m. at City Hall. C. Cable Commission: Nothing to Deport. D. Water Mana2ernent Orr?anizations /Middle St. Croix:, Mayor Beaudet reported that the next meeting, of the Middle St. Croix Water Management Organization was set for December 10, 2009, at 7:00 p.m. at the Washington Conservation District Office, E. Other Liaison /Staff Reports: None II1. Visitors /Public Comment: Administrative Secretary Pinski reported that Laura Forcier of 5410 O'Bricn Avenue North was chosen as the recycling; award winner. IV. Consent AL-enda: A. Approve Bills & Investments B. Approve City Council Minutes -- December 1, 2009 Page 6 of 138 City Council Meeting; Minutes December 8, 2009 Page 2 of 3 C. Approve Resolution for Renewal of 2010 Liquor, Tobacco, and Amusement Licenses D. Jorgenson Construction Inc. 6 Payment for New City Hall Project L. Additional Tree Clearance and Trimming in City Parks and Blvds — 2009 Councilmember McCornber, seconded by Councilmernber Runk, moved to approve the Consent agenda. Roll call vote taken. Carried 5 -0. V. Public Heae•inas: None Vi, Old Business: A. Citv Hall Facility Update --- Approve Chanae Order 42 — $0.00: City Administrator Johnson provided a surnmary on change order ! #2 which resulted in a net of $0.00. Councilmember Runk, seconded by Councilmember- Swenson, moved to approve the change order. Carried 5 -0, Councilrnember Swenson, seconded by Mayor Beaudet, moved to approve the expenditure to add a light for the flagpole. Carried 5 -0. B. Land Purchase from Stillwater Motors: City Administrator Johnson reported that the City would be closing oil the purchase of the land on Friday, December 11. Ile also reported that the fill piles had been removed from the site as requested. VIII. New Business: A. Resolution Annrovina the 2010 Budget: Finance Director Hoist provided the council with updated summaries and resolutions following the worksession held earlier that evening wherein the council reduced the budget by another $34,760 and shifted the debt levy to the general fund. Mayor Beaudet, seconded by Councilmernber Swenson, moved to approve the budget resolution as presented. Roll call vote taken. Carried 5 -0, B. Resolution ApprovinL) the 2010 Tax I.,evy: Mayor Beaudet, seconded by Councilmernber Runk, moved to approve the Levy Resolution. Roll call vote taken. Carried 4-1, McComber opposed. C. St. Croix River Crossin4 Project m-- Appointment to Serve on WOMAC: Councilmernber McComber reported that she was at the last visual duality Page 7 of 138 City Council Meeting Minutes December 8, 2009 Page 3 of 3 meeting when it was mentioned that there would be a subcommittee regarding water quality. She stated that she had worked oil all of those committees thus far. Mayor Beaudet suggested that lie be appointed since he was familiar with the water issues as chairperson of the Middle St. Croix Watershed Management Organization. Mayor Beaudet stated he felt there were two other issues that the council needed to discuss prior to making an appointment for the committee. He stated that in 2006 when it was decided, the stakeholders did not want to comply with the Middle St. Croix Watershed Management Organization's rules. Beaudet suggested that the City ask MnDO'f to comply. Beaudet reported he would provide City Administrator Johnson with MnDOT's letter and the MSCWMO's letter to MnDO`I He requested that the council discuss whether the City should take a position at this time, should receive information from City Attorney Vierling, and should put the issue oil the December 22, 2009 council agenda. City Administrator Johnson stated lie could contact Mr. Clarkowski of the St. Croix River Crossing Project `Deana to see if it would be a problem if there was a one week delay in the appointment of a representative Ii•om the City of Oak Park Heights. Councilmember Swenson, seconded by Councilmember McComber, moved to postpone this iteni to the December 22, 2009 council n Carried 5 -0. D. R11110IrAD T7? OM '1'HAAGANDA Resolution Ordering the Rewair or Removal of Hazardous Conditions Located at 5180 StaL).:eeoach "frail: Councilmember Swenson, seconded by Councilmember McComber, moved to approve the Resolution. Roll call vote taken. Carried 5 -0. VIII, Adiournment: Councilmcmber McComber, seconded by Councilmember Abrahamson, moved to adjourn at 7:19 p.m. Carried 5 -0. Respectfully submitted, Approved as to Content and Dorm, Jennifer Pinski David Beaudet Administrative Secretary /Deputy Clerk Mayor Page 8 of 138 Oak Park Heights Request for Council Action Meeting Date Decennber 22. 2009 Time Required: I minute Agenda Item Title: 2010 Houle Occupation Permit Renewals Agenda Placement Consent Originating Department /Requestor Administration /Julie Hultman Requester's Signature Action Requested A _....t.1.�._� UD e Home Occupation Permit Renewals 2 _ �cwals Ion .010 Background /Justification (Please indicate if any previous action has been taken or if other public bodies have advised): Home Occupation Permits require annual renewal. The following individuals held Home Occupation Permits in 2009 and seek renewal for 2010: David BeIz, Valley Floral Co. Chris Doerr, Child Daycarc Dave Friedrich, Welding Services Daniel 1-latalla , Valley oi' Gifts Sharon Haynes, Beauty Salon ® Rene'e Monpetite, Child Daycare ® Mark Powell, Upholstery Services Phyllis Smith, Garment Alterations Shawnee 'haves, Child Daycare Page 9 of 138 This Page Is Left Intentionally Blank. a , 41t. Page 10 of 138 Oak Park Heights Request for Council Action Meeting Date: December 22. 2ooa Time Required: i Minute /] Agenda Item Title- Winter B oulevard t'ruzxin� Quotes 2oio Agenda Placement: Consen g I Originating Department /lt. uest ��fLric Johnson. Citv Administrator Requester's Signature Action Requested Award a 'run ng Contract to — Rainbow Tree Background /Justific t�.o (Please indicate if anv Dre ous action has been taken or if other Vublic bo ° s have advised.): - t� MEMO FROM KATHY WIDIN I have received the following quotes from three tree services - for the winter pruning of boulevard trees. This work consists of pruning 337 trees along boulevard rights - of -way in Oak Park Heights during January and /or February of 2010. 242 trees are to be pruned for "clearance only" of 16 ft. over the street (many of these are ash trees or large trees on private property near the right -of -way). 95 trees, all within the boulevard rights -of -way, and all species other than ash, are to be pruned for clearance of 16 ft. over the street and also pruned throughout the crown for symmetry, form and overall health. This work is to be completed by March 1, 2010. City Council meeting: Dec. 22, 2009. Placement: Consent Agenda Discussion: 1 minute -1. Rainbow Tree Care - $6,383.50�r� 2. St. Croix Tree Service - $8,365.50 3. Timberline Tree Service - $10,342.13 Rainbow Tree Care provided the lowest quote. This company has been in business in the Twin Cities area for many years and is well - respected. They hold a current Tree Worker's License within the City of Oak Park Heights and their workers are certified to work around electrical hazards. 1 recommend that the city award this work to Rainbow Tree Care. Kathy Widin Arborist City of Oak Park Heights Page 11 of 138 12/17/2009 13:00 9522524720 RAINSOWTREECARE PA13E 02/03 2010 Boulevard Tree Pruning Quote City of ooh 1'ark Heights All quotes due by 4:00 p.m. Thurs. Dec. 1'7, 2009. (Work to bo tompleted by 3It/10) PROPOSAL OF: '��^�� R a C,kca ADDRESS: \\n� PRONE: (qs Tn 5 o FAX: ( 1 �5 z) Z, }'z.- L lv" � il copy of current certificate of liability insurance attached (unless have a 2409 tree worker's licence in the City of Oak Pate heights Prr,.� ua ,of ftixleyard Total No. of Trees = 33 Most (24;Z) to be pruned only for 16 ft clearance above the roadway. A limited number oft-rees ( 7;5), (size class ^ W6 14;?) ) are to be pruned on all aides with 16 ft. clearance .above the roadway, according to attached specifications. species consist of maples Over and Norway), a* and other spccics (backbeny, basswood. oak, spruce, pine, crabapple, boncylocust) Total Job Cast: �' u�s. (plaege include approplaate tax) B , (s zpnature of o i ce-r) - 1 WAk Date: t "I zPc (print name aDd title) Page 12 of 138 2010 Boulevard Free Pruning Quote City of Oak Park Heights All quotes due by 4:110 ,p.m. Tout,. Dec. 17,200% (Work to be completed by 311/10) PROPOSAL OR : . ADDRESS: car. fZ / 1 FAX copy of current certificate of liability insurance attached (runless 0ave a 2009 tree worker's lieeuve ,, in the City of Galt Park Reigbts .Pr Boulevard Trees Total No. of Trees = 337 Most (2 #9) to he pruned only for lb ft clearance above the roadway. A limited uutuber of trees ( �.� )s (size class = ,sue. 16 ih. ) are to be pruned on all sides Vvith 16 ft clearance above the roadway, according to attached specirications. specie consist of maples (silver and Norway), ash, and other spevi -s (havkbe y, basswood, oak, spruce, pine, crabapple, honeylocust) Total Job Cost- (please include approprnaie tax) (Signature of officer) Date qq (print name and titlo) Page 13 of 138 2010 Boulevard Tree Pruning Quote City of Oak Park Heights All quotes clue by 4:00 p.m. Thurs. Dec. 17, 2009. (Work to be completed by 311110) PROPOSAL OP: ADDRESS: 411 PHONE: 6 -(� 4 4 2 4 • 9 'f FAX: ® copy of current certificate of liability insurance attached (unless have a 2009 tree worker's licence in the City of Oak Park Heights Pruning of Boulevard Trees Total No. of Trees = 337 Most (2 to be pruned only for 16 ft. clearance above the roadway. A limited number of trees ( q�), (size class = Ave • 14 in. ) are to be pruned oil all sides with 16 ft. clearance above the roadway, according to attached specifications, species consist of maples (silver and Norway), ash, and other species (hackberry, basswood, oak, spruce, pine, crabapple, honeylocust) I `. K 3 f �`04 (4. 6S'1 � 13 Total Job C osW � (33 q,)- 3 (please uiclude appropriate tax) 4 r (siure of offz r} f` Cert Date: s7 - 7 —Cj (prcn acne and title)( Page 14 of 138 Oak mark Heights Request for Council Action Meeting Date December 22, 200Q Agenda Item Title Approve 2010 Area Charge for Connection to Water. Sewer and Storm Sewer Systems Time Required_ Agenda Placement Consent Originating Department /Requester Finance — Judy Holst, De u uty Clerk /Finance Director .: Requester's Signature � . . - . .; ...., .% Action Requested Approve Resolution for 2010 Area Charge for Connections to Municipal. Water Systems, Sanitary Sewer Systems and Storm Sewer Systems Background /Justification (Please indicate any previous action, financial implications including budget information and recommendations). The City Engineer has calculated the City's utility area charges for 2010 and is recommending a zero increase in the area charges for water, sanitary sewer, and storm sewer. I recommend approval of the area charges for sanitary sewer, water main, storm sewer and TSMP area storm sewer as of January .1, 2010 per the attached recommendation from the City .Engineer. Page 15 of 138 2335 Highway 36 W 5l. Paui, MN 55113 Tel 651-63&46()0 Fax 651 - 6:36 -131 ] wWw,poneslroo.com December 2, 2009 i3onestroo Mr. Eric Johnson, Administrator City of Oak Park Heights 14168 Oak Park Blvd., P. 0. Box 2007 Oak Park Heights, MN 55082 -2007 Re: Utility Area Charges Dear Eric: The City has established a system of area charges to assist in financing trunk utility improvements. These charges need to be adjusted from time to time to recover additional costs incurred as a result of inflation, capitalized interest, or revisions /updates to trunk facilities. The table on the following page is a tabulation of the current area charges and those proposed for development initiated after January 1, 2010. Adjustments to the City's utility area charges are tied to the national Construction Cost Index (CCI), which is a benchmark of the current cost of materials and labor in the construction industry. The City's utility area charges were last updated in December of 2008. Since that time, the CCI has remained fairly constant. Therefore, we are recommending that no increase be applied to the City's area charges for 2010. If you have any questions regarding this matter please contact me at (651) 604 -4808. Sincerely, BOiNESTROO UGC- L� Christopher W. Long, P.E. Attachments: Area Charges Update Table copy: Judy Holst, Finance Director Mark Vierling, City Attorney MAH, BGS, File — Bonestroo K: Communications \Correspondence\Area Charges update leller__12- 1- 09.dcc Engineering Science City of Oak Park Heights, MN Utility Area Charge Updates for 201 Land Use Commercial/Industrial & Low Density Medium Density High Density Utility Retail/Business Centers Residential Residential Residential Proposed Proposed Proposed Proposed 2010 2010 2010 2010 Sanitary Sewer 2,079 $ 1,983 2 $ 2,645 $ 4,628 Water Main - $ 24,049 $ 13,742 5�,' $ 10,804 S 10,307 Storm Sewer $ 1,685 -1 -7 $ 927 Z. $ 1,345 S 1,685 $ Storm Sewer - TSMP Area 7,858 $ 7,101 $ 7,518 7 c� $ 7,858 (D CC) 12/2/2009 RESOLUTION NO. 09-12-45 CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA A RESOLUTION ESTABLISHING AREA CHARGES THROUGHOUT THE CITY OF OAK PARK HEIGHTS FOR CONNECTIONS TO MUNICIPAL 'WATER SYSTEMS, SANITARY SEWER SYSTEMS AND STORM SEWER. SYSTEMS WHEREAS, Minn. Stat. §444,075, Subd. 3 authorizes municipalities to establish a system of eharges for the construction, reconstruction, repair, enlargement, improvement or other obtainment, maintenance operation and use of municipal facilities, including, but not limited to charges for connections to such municipal facilities for mu nicipal water, sanitary sewer, and storn sewer; and, WHEREAS, City ordinances provide for the Council to establish from time to time area charges to be collected f or properties developing in and connecting to the municipal water, sanitary sewer and storm sewer systems; and, WHEREAS, the City has historically established and collected area charges; and, WHEREAS, area charges established by the City of Oak Park Heights require modification and amendment from time to time; and, WHEREAS, the off ice of the City l3ngineer has provided recommendations to the City Council as it affcets the establishment of area charges throughout the City of Oak Park Heights as it relates to connection to trunk sanitary sewer systems, trunk water systems and trunk storm sewer systems; and, WHE'I�EAS, the City Council determines it to be in the best interest of the residents and City of Oak Park I leights that such fees be periodically reviewed and adjusted to take into account cost of construction and replacement and systems, cost of maintenance operation and other expenses that the City expects to incur with regard to the maintenance of such systems. NOW, THEREFORE, 113E IT RESOLVED, by the City Council for the City of Oak Park heights that ef January I, 2010 city area charges to be applied throughout the City of Oak Park Heights for properties developing or connecting to municipal utilities shall be as follows: I . `unitary sewer area charge as follows- Commercial/Industrial & Retail Business Centers - $2,079.00 per acre. Low Density Residential - $ 1,983.00 per acre. Medittn Density Residential - $2,645.00 per acre. I ligh Density Residential - ,$4,6 per acre. Page 18 of 138 2. Municipal water area charge as follows: Commercial /lndustriaE & Retail Business Centers - `10,804.00 per acre. Low Density Residential - $10, 307.00 per acre. Medium Density Residential - $13,742.00 per acre. I ligh Density Residential - $24,049.00 per acre. 3. Storm sewer area charges in the sections of the city located within the Valley Branch Watershed District and the Middle St. Croix Valley Water Management Organization as follows: Coriirliercial /indr.rstrial & Retail Business Centers - `{1,685.00 per acre. Low Density Residential - $927.00 per acre. Medium Density Residential - $1,345.00 per acre. I iigh. Density Residential - $1,685.00 per acre. And additional TSMP storm sewer area charges in the areas of the city located in the Browns Creek Watershed District however excepting the areas located West of "Trunk l lighway 5, South of - frunk Highway 36 and north of 55th Street as follows: Col n) /lirc.- List rjaI & Retail Business Centers - $7,858.00 per acre. .I o\v OcnMy kesidendal - 5; 7,1 0 1.00 per acre. 'Vedii_rnl Denshy kesidential - S7,518.00 per acre. Density kc iemial - $7,858.00 per acre. ICE IT FURTHER RLSOLVED, that as to the determination of land use and computation of acreage as it affects each development or connection related to the collection of these fees, all such detc . /cor�iputations shall be made through the office of the City Engineer with all such ices being; thereafter collected through the office of the City Administrator. No connection shall be mane to am, ;°i Lill 1('lpczl ut.iiity system until such time as the area fees as calculated and determined by the office o #'il,e City l:;nginec:r have been collected. Passed b\ file Ciiy Council for the City o(' OaIc Park heights this 22nd day of December, 2009. David Beaudet, Mayor AThIS`I': Eric Johnson City Administrator - Page 19 of 138 This Page Is Left Intentionally Blank. r i• Page 20 of 138 Oak Park Heights Request for Council Action Meeting Date: December 22. loon Time Required: q Minutes Agenda Item Title: Cit Hall Facilit Award Asbestos Abatement Contract to Low Bidder (Envirobate Agenda Placement: Consent kge all a, Originating Department/Reqdeq 0 Eric Johnson. Requester's Signature 4 Action Requested -- See Belo Backeround/Justifi Am (Pleasem'dicate if anv Urevious action has been taken or if other pu'hlic b es have advised).- The City has issued an RFQ for the purposes of removing and abating any asbestos contamination from the current City Hall Facility prior to demolition. The City has received four responses. Recommendation: Award contract to lowest responsible bidder subject to verification of references and final. !CKv of Oa Park Heights Asbestos Removal - RFP - City Hall Facility Submitted Bid Name of Firm Price Submitted Submitted Security References ie-nc-e $1 000 Envirobate (LOW BID) $10,200.00 YES YES YES JC Environmental $14,700.00 YES YES YES MAYO Systems $14,820,00 YES YES NO Sheltertech $10,440.00 YES YES YES Page 21 of 138 This Page Is Left Intentionally Blank. 3irs�� 1� A '{ Page 22 of 138 f Oak Park Heights Request for Council Action Meeting Date December 22, 2009 Time Required: Agenda Item "Title: 'Transfer Brekke Park Memorial fund to Budgeted Proiects Fund and Close Brekke Park Memorial Fund Agenda Placement Consent Originating Department /Requestor Finance -Judy I Iolst, Deputy Clerk /Fitlance Director ,1 Requester's Signature Action Requested Approve transfer of funds in Brekke Park Memorial Fund to the Budt_reted Proiects Fund and close Brekke Park Memorial fund Background /Justification (Please indicate if any previous action has been taken or if other public bodies have advised): Tlie Governnicntal Accounting Standards Board (GASB) has instituted t - lew accounting standards (GASB 54) wNcli will affect Fut1d Balance Reporting and Govcrnmenial Fund Type Definitlons. "The City will need to implement the tiew standards by 2011. Fund Balance will have new classifications — Reserved Fund Balance will be Nonspendable, Restricted, or Comrnitted — Unreserved Fund Balance will be Assigned or Utlassigned. 'These will be reclassified for the 2011 audit. Fund definition will change according to GASB 54 standards. "T lie new Special Revenue lµunds definition states - -- Special Revenue Funds are used to account for and report the proceeds of specific revenue sources that are restricted or conntnitted to expca - lditure for specified purposes other than debt service or capital projects. To cornply with the new definition, the Brekke Park Merodal Fund revenues tnust be at least 50% donations. Current t'cvenues in this fund are from itaterest only; therefore it will not qualify as a Special Revenue I und. Due to the relatively small balance in the Brekke Park Mcnlorial fund, $393.65 as of'November 30, 2009, 1 recommend transferring the balance to the Budgeted Projects Fund- Brekke Part: Improvements and closing the fund. Page 23 of 138 Page 24 of 138 h Oak Park Heights Request for Council Action Meeting Date December 22, 2009 Agenda Item Title Approve Tower Asphalt, Inc. Final Pavment for 2009 Mill and Overlav Agenda Placement Consent Originating Department/ Requestor Finance - Judv Holst, Deputy Clerk/ Finance Director Requester's Signature if � . Action Requested Approve final - Davment reciuest to Tower Asphalt, Inc. for the 2009 Mill and Overlav Background /Justification (Please indicate any previous action, financial implications including budget information and recommendations). See attached memo, letter dated December 17, 2009 from Bonestroo and final pay request. Page 25 of 138 City City ®f P . V:. Oak Parr heights r» ;.k.,.,.., ..., 14168 57` Street N ® Box 2007 0 oak Park Heights, MN 55082 ® Phone (651) 439 -4439 0 " Fax 439 -0574 Memo To: Mayor and Council From: Judy Flolst, Deputy Clerk /.Finance Director Date: 12/18/09 Re: 2009 Mill and Overlay Please accept for the December 22 "` Council meeting agenda the attached request for payment to Tower Asphalt, Inc. in the amount of $ 12,713.67 for final payment for the 2009 mill and overlay. The payment has been approved by engineering and reviewed by the Finance Department. The Finance Department recommends approval of this payment. Thank You TREE CITY U.S.A. Page 26 of 138 2335 Highway 36 W St. Paul, MN 55113 Tel 651 - 636 -4600 Fax 651 -636 -1311 www.bonestroo.com b Bonestroo December 17, 2009 Mr. Eric Johnson City of Oak Park Heights 14168 Oak Park Blvd. P.O. Box 2007 Oak Park Heights, MN 55082 -2007 Re: 2009 Mill & Overlay Oak Park Heights Bonestroo File No.: 000055 - 09157 -0 Dear Eric, Enclosed are three (3) copies of Request for payment No. 3 and Final provided by the contractor for the aforementioned project. The IC -134 Forms and Lien Waivers have also been provided by the contractor and are enclosed. The contractor, Tower Asphalt, Inc., in accordance with the contract plans and specifications, has satisfactorily completed this work. Therefore, it is recommended that final payment of $12,713.67 is made and the City of Oak Park Heights accepts the project. After acceptance, please distribute all requests for payments as appropriate. The original contract amount as indicated on the Contractor's Request for Payment is $250,151.60. There were no change orders for this project. The final construction cost is $243,642.93, which is less than the Original Contract Amount. We have reviewed the original project costs for each part of this project and compared those costs to the final construction costs as stated on the following page. Oak Perk l gphLM Page 2 2009 Mill & Overlay December 1Z, 1009 Original Final Contract Construction Amount Amount BASE BID Part 1 — Norell Avenue North $26,784.30 $24,113.28 Part 2 — 60 Street Court North 13,800.00 17,791.00 Part 3 — Oren Avenue North 46,025.00 49,287.70 Part 4 _ 58 Street North 34,540.00 35,763.00 Part 5 — Osman Avenue North 24,515.00 23,592.50 Part 6 — Brekke Park Parking Lot 32,341.30 32,501,00 Alternate No. 1 — Norell Avenue North 72,146.00 60594.45 PROJECT TOTAL AMOUNTS $250,151.60 $243,642.93 As indicated above in the Project Totals, the Final Construction Amount had a $6,508.67 under run. If you have any questions or require further information please call me at 651 -604 -4808. Sincerely, BONESTROO Christopher W. Long, P.E. copy: Bob Schunicht Mark Hanson File Page 28 of 138 City of Oak Park Heights, 14168 Oak Park Blvd. N Owner: P 0 Box 2007, Oak Park Heights, MN 55082 Date: December 8, 2009 For Period: 8/19/2009 to 12/8/2009 Bequest No: 3 AND FINAL Bonostroo (Contractor, Tower Asphalt, Inc , 15001 Hudson Rd, P 0 Box 15001, Lake #and, MN 55043 CONTRACTOR'S REQUEST FOR PAYMENT 2009 MILL AND OVERLAY BONESTROQ FILE NO 000055 - 09157 -0 SUMMARY 1 Original Contract Amount $ 250,151.60 2 Change Order - Addition $ 0.00 3 Change Order - Deduction $ 0.00 4 Revised Contract Amount $ 250,151.60 5 Value Completed to Date $ 243,642.93 6 Material on Hand $ 0.00 7 Amount Earned $ 243,642.93 8 Less Retainage 0% $ 0.00 9 Subtotal $ 243,642.93 10 Less Amount Paid Previousfy $ 230,929.26 11 Liquidated damages - $ 0 12 AMOUNT DUE THIS REQUEST FOR PAYMENT NO. 3 AND FINAL $ 12,713.67 Recommended for Approval by: BONESTROO Appro ed4 by Contractor. Approved by Owner: TOWER ASPHALT C CITY OF OAK PARK HEIGHTS Specified Contract Completion Date: Date: Page 29 of 138 5509157REQVINAL A,9 Contract Unit Current Quantity Amount No. Item Unit Quantity Price Quantity to Date 3 AND FINAL PART 1 - NORELL AVENUE NORTH (MILL AND OVERLAY): 1 MOBILIZATION LS 1 3900 00 1 $3,90000 2 TRAFFIC CONTROL LS 1 100000 1 $1,00000 3 SAWING BITUMINOUS PAVEMENT LF 175 1 00 90 $90.00 4 Mlll BITUMINOUS PAVEMENT (2" DEEP) SY 1900 2 00 1900 $3,800.00 5 ADJUST MANHOLE CASTING, INCLUDING NEW HDPE ADJUSTING RINGS EA 3 40000 3 $1,200.00 6 REMOVE AND REPLACE CONCRETE CURB AND GUTTER LF 35 3000 $0.00 7 CRACK REPAIR, 1' WIDE MILL (1 5" DEPTH) LF 175 4.00 $000 8 BITUMINOUS MATERIAL. FOR TACK COAT GAL 95 2.00 80 $160.00 9 TYPE MV 3 WEARING COURSE MIXTURE (E) TN 240 5800 230 $13,34000 10 4" SOLID LINE, WHITE EPDXY LF 250 0 50 236 $11800 11 4" BROKEN LINE, WHITE EPDXY LF 150 0 50 125 $62 50 12 4" DOUBLE SOLID LINE, YELLOW EPDXY LF 215 102 189 $192.78 13 PAVEMENT MESSAGE, LEFT TURN ARROW - EPDXY EA 2 125 00 2 $250.00 14 SEEDING, MIX 270 SY 30 1.00 $0.00 15 HYDROMULCH SY 30 Soo $0 00 TOTAL. PART 1 - NORELL AVENUE NORTH (MILL AND OVERLAY): $24,113.28 PART 2 - GOTH STREET COURT NORTH (MILL AND OVERLAY), 16 MOBILIZATION LS 1 1000.00 1 $1,000.00 17 TRAFFIC CONTROL LS 1 50000 1 S50000 18 SAWING BITUMINOUS PAVEMENT LF 80 100 73 $73 00 19 REMOVE BITUMINOUS DRIVEWAY SY 50 1000 93 $93000 20 MILL BITUMINOUS PAVEMENT (1 112" DEEP) SY 925 2 00 900 $1,800.00 21 ADJUST CATCH BASIN CASTING, INCLUDING NEW HDPE ADJUSTING RINGS EA 1 25000 1 $250 00 22 REMOVE AND REPLACE CONCRETE: CURB AND GUTTER LF 40 3000 103 $3,09000 23 CRACK REPAIR, 1' WIDE MILL (1.5" DEPTH) LF 300 800 $0.00 24 BITUMINOUS MATERIAL FOR TACK COAT GAL. 50 2.00 25 $5000 25 TYPE LV 3 WEARING COURSE MIXTURE (B) TN 100 58.00 171 $9,918.00 26 SEEDING, MIX 270 SY 20 1 00 30 $3000 27 HYDROMULCH SY 20 5 00 30 $15000 TOTAL. PART 2 - 60TH STREET COURT NORTH (MILL AND OVERLAY): $17,791 00 PART 3 - OREN AVENUE NORTH (MILL AND OVERALY WIINTEGRAL BIT. CURB): 28 MOBILIZATION LS 1 440000 1 $4,400.00 29 TRAFFIC CONTROL LS 1 500.00 1 $500.00 30 SAWING BITUMINOUS PAVEMENT LF 400 1 50 340 $510.00 31 REMOVE BITUMINOUS CURB LF 1600 1 5O 1490 $2,235.00 32 REMOVE CONCRETE SIDEWALK SF 200 2.00 200 $400.00 33 REMOVE BITUMINOUS PAVEMENT SY 250 5.00 178 $89000 34 MILL BITUMINOUS PAVEMENT (2" DEEP) SY 2700 2 00 2700 $5,40000 35 ADJUST MANHOLE CASTING, INCLUDING NEW HDPE ADJUSTING RINGS EA 4 40000 4 $1,600.00 36 ADJUST VALVE SOX EA 1 25000 1 $250.00 37 CRACK REPAIR, V WIDE MILL (1 5" DEPTH) LF 250 4 00 560 S2,24000 38 BITUMINOUS MATERIAL FOR TACK COAT GAL 150 1 50 100 $150.00 39 TYPE LV 3 WEARING COURSE MIXTURE (B), INCL INTEGRAL BITUMINOUS CURB TN 400 5800 466 $27,02800 40 CONCRETE FLUME SF 125 10.00 138 $1,38000 41 4" CONCRETE SIDEWALK SF 200 6 50 92 $59800 42 CLASS Ili RANDOM RiPRAP CY 10 9000 8.08 $727.20 43 SILT FENCE, MACHINE SLICED LF 100 3 00 35 S10500 44 SEEDING, MIX 270 SY 700 1 00 233 583 5583.00 45 HYDROMULCH SY 700 050 233 583 $291.50 TOTAL PART 3 • OREN AVENUE NORTH (MIL1. AND OVERALY WIINTEGRAL BIT CURB): 549,287 70 Page 30 of 138 5509157REWFINALAs Contract Unit Current Quantity Amount No, Item Unit Quantity Price Quantity to pate 3 AND FINAL PART 4 - 58TH STREET NORTH (MILL AND OVERLAY); 46 MOBILIZATION LS 1 220000 1 $2,20000 47 TRAFFIC CONTROL LS 1 50000 1 $50000 48 SAWING BITUMINOUS PAVEMENT LF 150 1 00 123 $123.00 49 MILL BITUMINOUS PAVEMENT (1 112" DEEP) SY 3400 1 70 3375 55,737 50 50 ADJUST MANHOLE CASTING, INCLUDING NEW HDPE ADJUSTING RINGS EA 6 400.00 6 $2,400.00 51 ADJUST VALVE BOX EA 1 25000 1 $250.00 52 REMOVE AND REPLACE CONCRETE CURB AND GUTTER LF 90 3000 7 140 $4,20000 53 CRACK REPAIR, V WIDE MILL (1 5" DEPTH) LF 300 400 675 $2,700.00 54 BITUWNOUS MATERIAL FOR TACK COAT GAL 200 1 50 125 $187.50 55 TYPE TV 3 WEARING COURSE MIXTURE (B) TN 340 55.00 311 $17,105 00 56 SEEDING, MIX 270 SY 60 1 00 60 $6000 57 HYDROMULCH SY 60 500 60 $30000 TOTAL PART 4 - 58TH STREET NORTH (MILL AND OVERLAY): $35,763.00 PART 5 - OSMAN AVENUE NORTH (RECLAIM): 58 MOBILIZATION IS 1 1160.00 1 $1,160,00 59 TRAFFIC CONTROL LS 1 S0000 1 $500.00 60 SAWING BITUMINOUS PAVEMENT LF 40 1 00 32 $32.00 61 REMOVE CONCRETE SIDEWALK SF 110 2 00 93 $18600 62 REMOVE BITUMINOUS DRIVEWAY SY 50 5.00 67 $335 00 63 RECLAIM BITUMINOUS PAVEMENT SY 800 2 00 730 $1,460.00 64 SUBGRADE PREPARATION - STREET SY 800 2 00 730 $1,460.00 65 REMOVAL OF EXCESS RECLAIM MATERIAL CY 50 500 72 $360.00 66 ADJUST MANHOLE CASTING, INCLUDING NEW HDPE ADJUSTING RINGS FA 1 40000 1 $400.00 67 TYPE TV 3 NON WEARING COURSE MIXTURE (B) TN 75 55 00 67 $3,685.00 68 TYPE TV 3 WEAR €NG COURSE MIXTURE (B) TN 75 55 00 92 $5,06000 69 BITUMINOUS MATERIAL FOR TACK COAT GAL 40 1 50 50 $75.00 70 8618 CONCRETE CURB AND GUTTER LF 440 17 00 413 $7,021 00 71 4" CONCRETE SIDEWALK SF 170 7 00 93 $65100 72 SAW AND SEAL LF 160 450 135 $607 50 73 SEEDING, MIX 270 SY 250 1 00 200 S20000 74 HYDROMULCII SY 250 0 50 7-00 S10000 75 STORM DRAIN INLET PROTECTION PER STANDARD DETAIL ERO- 4C EA 2 150 00 2 $300.00 TOTAL PART 5 - OSMAN AVENUE NORTH (RECLAIM): $23,592.50 PART 6 - BREKKE PARK PARKING LOT (RECLAIM): 76 MOBILIZATION LS 1 130000 1 $1,300.00 77 TRAFFIC CONTROL LS 1 50000 1 $500.00 78 SAWING MTUMINOUS PAVEMENT LF 35 1 00 32 $32.00 79 REMOVE AND REPLACE CONCRETE CURB AND GUTTER LF 45 30.00 91 $2,730 00 80 RECLAIM BITUMINOUS PAVEMENT SY 2600 1 50 2530 $3,795.00 81 SUBGRADE PREPARATION • STREET SY 2600 1 50 2530 $3,795.00 82 TYPE LV 3 WEARING COURSE MIXTURE (B) TN 340 5000 335 $16,750 00 83 BITUMINOUS MATERIAL FOR TACK COAT GAL 130 0.01 $0.00 84 36" CONCRETE VALLEY GUTTER LF 50 35 00 64 $2,240.00 85 SAW AND SEAL LF 800 2 25 364 $81900 86 4" SOLID LINE, WHITE PAINT LF 325 100 270 $270.00 87 PAVEMENT MESSAGE, HANDICAPPED SYMBOL - PAINT EA 2 75.00 2 S15000 88 SEEDING, MIX 270 SY 30 1 00 20 $2000 89 HYDROMULCHI SY 30 500 20 S10000 90 STORM DRAIN INLET PROTECTION PER STANDARD DETAIL FRO- 4C EA 1 15000 $0.00 TOTAL PART 6 - BREKKE PARK PARKING LOT (RECLAIM): $32,501 00 Page 31 of 138 5509 f 57RF 03FINAL.x €s Contract Unit Current Quantity Amount No. Item Unit Quantity rice y Quantity to Date 3 AND FINAL ALTERNATE NO. 1 - NORELL AVENUE NORTH (MILL AND OVERLAY): 91 MOBILIZATION LS 1 320000 1 $3,20000 92 TRAFFIC CONTROL LS 1 250000 1 $2,50000 93 SAWING BITUMINOUS PAVEMENT LF 225 1 00 155 $155 00 94 MILL BITUMINOUS PAVEMENT (2" DEEP) SY 6500 1.50 6364 $9,54600 95 ADJUST MANHOLE CASTING, INCLUDING NEW HDP[ ADJUSTING RINGS EA 3 400.00 3 51,200.00 96 ADJUST VALVE BOX EA 2 25000 2 $500.00 97 REMOVE AND REPLACE CONCRETE CURS AND GUTTER LF 60 3000 75 $2,250 00 98 CRACK REPAIR, 1 WIDE MILL (1 5" DEPTH) LF 600 8.00 $0 00 99 BITUMINOUS MATERIAL FOR TACK COAT GAF. 325 1 50 220 $330.00 100 TYPE MV 3 WEARING COURSE MIXTURE (E) TN 850 54.00 706 $38,124 00 101 4" SOLID LINE, WHITE EPDXY LF 350 0 25 300 $75.00 102 4" BROKEN LINE, WHITE EPDXY LF 460 0 25 325 $81 25 103 4" DOUBLE SOLID LINE, YELLOW EPDXY LF 675 0.52 660 $343 20 104 PAVEMENT MESSAGE, LEFT TURN ARROW - EPDXY EA 4 125 00 4 $50000 105 PAVEMENT MESSAGE, RIGHT TURN ARROW - EPDXY EA 2 12500 2 $25000 106 24" SOLID STOP LINE (BAR), WHITE EPDXY If 30 800 170 $1,360.00 107 SEEDING, MIX 270 SY 40 1.00 30 $3000 108 HYDROMULCH SY 40 5 00 30 $15000 TOTAL ALTERNATE; NO. 1 - NORELL AVENUE NORTH (MILL AND OVERLAY): $60,594 45 TOTAL PART 1 - NORELL AVENUE NORTH (MILL AND OVERLAY): $24,113 28 TOTAL PART 2 - 60TH STREET COURT NORTH (MILL AND OVERLAY): $17,791 00 TOTAL PART 3 - OREN AVENUE NORTH (MILL AND OVERALY WIINTEGRAE. BIT CURB): $49,287 70 TOTAL PART 4 - 58TH STREET NORTH (MILL AND OVERLAY): $35,753 00 TOTAL PART 5 - OSMAN AVENUE NORTH (RECLAIM): $23,592 50 TOTAL PART 6 - BREKKE PARK PARKING LOT (RECLAIM): $32,501 00 TOTAL ALTERNATE NO 1 - NORELL AVENUE NORTH (MILL AND OVERLAY): $60,594.45 TOTAL WORK COMPLETED TO DATE $243,642.93 Page 32 of 138 5509157R[Q3FWAL.xls PROJECT PAYMENT STATUS OWNER CITY OF OAK PARK HEIGHTS 3 AND FINAL BONESTROO FILE NO. 000055-09157-0 CONTRACTOR TOWER ASPHALT, INC. CHANGE ORDERS No. Date Description Amount Total Change Orders PAYMENT SUMMARY No. From To Payment Retainage Completed 1 07/01/2009 07/09/09 223,12.6.24 11,743.49 234,869.73 2 07/10/2009 08118109 7,803.02 12,154.17 ( 243,083.43 3 AND FINAL 08/19/2009 12/08/09 1 2,713 67 ( 243,642.93 Material on Hand Total Payment to Date $2.43,642.93 Original Contract $250,1`i1.60 Retainage Pay No. 3 AND FINAL Change Orders Total Amount Earned $243,642.93 Revised Contract $250,151.60 Page 33 of 138 5503157 REQ3F 1 NAL .X]S This Page Is Left Intentionally Blank. Page 34 of 138 Oak Park Heights Request for Council Action Meeting Date: December 22" d 2009 Time Required: 5 Minutes Agenda [tern Title: St. Croix River Crossinp- Proicet Anoointment to Serve on WOMAC Agenda Placement:___ New B s Originating Department /Re L r' olrrrsorr, City A rrs for Requester's Signature r /d): Action Requested elow ack grou �d /Justi (Please indicate if anv Previous action has been taken or if other imblic bodies have adviis MND0'1' has sent the City a communication indicating that it is seeking a representative from the City to serve on 'Water Quality Management Advisory Committee (WQMAC). See enclosed. (This item was tabled on 12/8/09 to be discussed in more detail on 12/22/09. There was discussion about the MSCWMO communications to MNDOT about the Project's compliance with MSCWMO rules, attached are the correspondence sent to MND0T from the MSCWMO and a snap of the sub- watersheds.) Page 35 of 138 4 ,\anK so I Minnesota Department of Transportation n a Transportation Building o` 395 John 3refand Boulevard Saint Paul, Minnesota 55155 -1899 November 16, 2009 St, Croix River Crossing Project -- Inter - agency Coordination — Water Quality Management Advisoty Committee (WQMAC) invitation As you are aware, Stakeholders, Mn/DOT, WisDOT and FI have been developing the St. Croix River Crossing Project. Project status information can be found at httn: / /www, dot state, iiiii,tis /ine_troll�roj ects /stcro ix / /,. In June of 2006, tlac project's Supplemental Final Environmental Impact Statement (SI 11S) was completed with the Record of Decision (ROD) signed by the FHWA in November of that same year. The Sta I:IS documonted the new river crossing bridge location and type, the future use of the Lift Bridge, the roadway approach designs and a mitigation package to offset: the impacts of the project. In June 2005, based on the passage of HF2800, Chapter 152, by the Minnesota legislature, Mil/DOT announced the project's revised construction funding dates. Construction fiends for the Minnesota portion of the project are available July of 2013. Recently, under a new Recovery Act program, up to, $1.5 billion was made available for the Secretary of Transportation to make grants oil a competitive basis for capital investments in surface transportation infrastructure projects- The he St. Croix River Crossing 1?roject is a candidate for these funds. Selected projects are anticipated to be announced in January 2010. If the St. Croix River Crossing Project would receive these federal grant funds, the project may be let as early as Pall 2010. , ��tlnder this accelerated schedule scenario, one of the next steps in the development of the St. Croix River Crossing Project is to prepare and submit applications for state an federal water - related permits. In order to effectively accomplish this; and address the multi- jursidictional concerns during the agency review process, MIVDOT will develop and convene a subset of the Stakeholder Group called the Water iality Management .advisory Committee (WQMAC), according to the Water Quality ,lyemoratld'uln of' Understanding (MOU) developed for the project. P' An equal opportunity employer Page 36 of 138 Water Quality Management .A•dvisory Committee Page 2 of 3 Since 2006, Mn /DOT has periodically convened informal groups of various water quality related agency staff during our preliminary efforts to develop materials relevant to permit applications. Recent wetland coordination meetings include: . p May 4, 2009: Mn/DOT and Corps of Engineers a May 13, 2009: Mn/DOT and Technical Evaluation Panel (TEP) which includes Corps of Engineers, Board of Water and Soil Resources, MN Department of Natural Resources, and Washington Conservation District July 16, 2009: Mn /DbT and TEP m September 2, 2009: Mn/DO'f invited the TEP, WisDOT, National Park Service, US fish and Wildlife Service, City of Oak Park Heights, and City of Bayport It now is prudent to formalize coordination as tine WQMAC. The need and purpose for this WQMAC is outlined in the MOU developed for the project. The MOU is all attachment to the project's SFEIS ROD, and can be found at lAtlpT Y w, dot. s tate. n��3wuslnzetrc�Ipz�ojectslstcr 'oix/ pal s /i1! ert?oun U rlWa l r %20C rlali %20MOU %203- 9w06.udf `file role offhc WQMAC will be to provide input, review, and corrrnlent on materials, information and requircmen.ts relevant to the project's permits that have a water quality component. The WQMAC: is anticipated to be made up of representatives from state and federal agencies, and local entities such as watershed districts and municipalities; refer to page 3 of this letter for the invitation list. The WQMAC will work with the DOT's and other groups tbr•oughout this next phase of the project. You have been identified as a potential member of the WQM.A.C. We expect your participation will include attending up to 6 meetings over the next 12 months. "I'hc first nneeting is anticipated to be held in late January or early February of 2010. At that meeting, a schedule for future meeting dates will be determined. Wes Saunders - Pearce in Mn /DOT's Office of Envirom aental Services will be the lead person coordinating this aspoct of the project. Contact Wes in 651 - 3663638 by PIP\ December 18 if you are interested in serving on the WQMAC. L Thank you for your continued involvement in this project. wr - A 5` Sincerely, I� J F -r{ Todd Clarkowski St. Croix River Crossing Project Team Leader i Page 37 of 138 Water Quality Management Advisory Committee Page 3 of 3 Water Quality Management Adviso ;y Committee Invitation fist cc: Craig Affeldt, Minnesota Pollution Control Agency NWDOT: Mitch Berg, City of Bayport Jason Alcott Tamara Cameron, US ,Army Corps of Engineers Amber Blanchard Array Carolan, Middle St, Croix WMO Joe Campbell Jim Erkel, Minnesota Center for Environ. Advocacy Bryce Fossand Larry Hansen, City of Stillwater Monti Harnri Dale Homuth, Minnesota Dept. of Natural Resources Katie Heinz Bruce Irish Theresa Johnson, Town of St. Joseph Bruce Johnson Karen Kill, Brown's Creek Watershed District Adam Josephson Virginia L,aszewski, US Environ. Protection Agency Peter Leete Tom Lovejoy, Wisconsin Dept. of Natural Resources Joey Lundquist Jay Riggs, Washington Conservation District Mary McFarland Nick Rowse, US Fish and Wildlife Service Beth Neuendorf Chris Stein, National Park Service Jennie Ross Judy Sventek, Metropolitan Council Danilo Sosa Rogcx Wiebusch, US Coast Guard Sarma Straurnanis Nick Tiedeken Brett Troyer Terry Zoller WisDOT : Paul Conlin Dave Solberg Troy Stapelmalxn File Page 38 of 138 MIDDLE ST. CROIX RIVER WATERSHED MANAGEMENT ORGANIZATION 1380 West Frontage Road, Hwy 36 Phone: 651- 275 -1136, ext. 21 Stillwater, MN 55082 Fax: 651 -1254 ° rr A Joint Dowels Watershed Managemew Organization composed of ten St, Croix Vedlev 1 Communities that was establisher) under State Statute 1038 to cooperatively manage water resources within the wurtef•shed, ' <` February 2, 2004 Todd Clarkowski, P.E. Area Engineer Mn /DOT, Metro District 1500 West County Road B -2 Roseville, MN 55113 Dear Mr. Clarkowski, Middle St Croix Watershed Management Organization has a high level of interest in the proposed St. Croix River Bi Crossing project. All of the proposed options would involve significant grading and drainage impacts to the watershed, These water resource issues were discussed at the water resource stakeholder meeting on January 15, 2004 at the Washington Conservation District Offices. However, due to the project's preliminary status, the MSCWMO will have no official comment on the various alternatives at this time. MSCWMO will defer comment until more detailed plans are available for review. In light of budget constraints and efficiency concerns, the MSCWMO feels it will be most effectively involved in the project at later date. As you may know, MSCWMO is in the process of completing a new watershed management plan. The final bridge crossing; alternative that is selected will be reviewed and held to the requirements of the watershed management plan of the MSCWMO at the time THE alternative is submitted to the MSCWMO for review. Please continue to send all correspondences regarding pertinent issues of this project to us. Please call me with any questions at 651- 275 -1136, ext. 21. Sincerely, Bob Fossum Administrator Cc: MSCWMO Representatives Middle St. Croix Watershed Management Or eanization, MEMBER COMMUNITIES; Afton, Bayport, Baytown Tomiship, t. €kcland, Ukeland Shorts, I ikc St. Croix Nadi, Oak Park Heights, St. mmy's Point, stillwater and West Lakeland Township Page 39 of 138 MIDDLE ST. CROIX RIVER WATERSHED MANAGEMENT ORGANIZATION 1380 West Frontage Road, Hwy 36 Phone: 651-275-1136, ext. 22 D Stillwater, MN 55082 Fax: 651-1254 A JOh7l P01MIS Watershed U(magemew Organization composed of ten St. Croix Valley Communities that was established under State Statute 103B to cooperatively manage water resources within the watershed. September 15, 2004 Todd Clarkowski, P.E. Area Engineer Mn/DOT, Metro District 1500 West County Road B-2 Roseville, MN 55113 Dear Mr. Clarkowski, Middle St Croix Watershed Management Organization has a high level of interest in the proposed St, Croix River Crossing Project. As you may know, MSCWMO is in the process of completing a new watershed management plan. The final bridge-crossing alternative that is selected will be reviewed and held to the requirements ofthe watershed management plan of the MSCWMO at the time the alternative is Submitted to the MSCWMO for review. MSCWMO will defer comment until more detailed plans are available for review. Please continue to send all correspondences regarding pertinent issues of this project to us. In addition, the MSCWMO requested information earlier this year concerning the proposed change in drainage relating to this project. More specifically, the MSCWMO would like to know the total acres of land proposed to drain directly into the St, Croix River at a single point compared to the acres of land that currently do not go to this single point. This information has not been provided to the MSCWMO to date. This single drainage point into the St. Croix raises many concerns that the MSCWMO may not approve. Also, the assumptions that MnDOT is proposing for calculating stormwater runoff are inconsistent with the current and future MSCWMO rules. Finally, the MSCWMO wants to make sure that the Project is consistent with the recornin end a ti oils of the North Washington Groundwater Study. Please call ine with any questions at (651) 439-3754. Sincerely, John McPherson President, MSCWMO Cc: MSCWMO Representatives Washington County PHE Middle St. Croix Watershed Manaeement Orp-anization MEM13ER COMMUNITIES: Mon, Bayport, Niytown'rownship Uikoland, Uikeland Shoms, I.Ac St. Croix Beach, Oak Park heights, St. mmy's 1 Slillwam-rmd WW I'AdmIdTowliship Page 40 of 138 MIDDLE S'T. CROIX RIVER WATERSHED MANAGEMENT ORGANIZATION 1380 'West Frontage Road, Hwy 36 Phone: 651- 275 -1136, eat. 22 Stillwater, MN 55082 Fax: 651-1254 A Joint Powers Watershed Management orgrrrtizatiorr co»tposed of tell St. Croix Valley Communities that was established under State Statute 10313 to cooperathleN manage tt>ater resources within the wotershed. r s r August 15, 2005 Todd Clarkowski, P.E. Area Engineer Mn /DOT, Metro District 1500 West County Road B -2 Roseville, MN 55113 Dear Mr. Clarkowski, The Middle St. Croix Watershed Management Organization is writing in regards to the St. Croix River Crossing Project and the Storm Water Pollution Prevention Plan required In association with this Project. We want MNDOT to be aware that the MSCWMO recognizes the goais of the St. Croix Basin Wat(;r Resources Planning Team to reduce nutrient and sediment loading into the St. Croix and its tributaries by 20 %. As the impact of the River Crossing Project will be greatest within this watershed, the MSCWMO expects that MNDOT will focus the mitigation efforts for the project here within the Middle St. Croix watershed. We look forward to continuing cooperation between MSCWMO and MNDOT, Siiicerely, David Beaudet MSCWMO Board President Cc: Virginia Laszewski, Environmental Scientist, US EPA Region 5 MSCWMO Representatives Middle St. Croix Watershed Manw er>,><ent Oreanization MEMBER COMMUNITIES: Alton, l3ay[ust7, liaylown'I'owrsship, i- ikcland, l akcland Shores, Lafic Sl. Croix 13cach, Oak Park Heights, St. Mary's NAM, Slillwater and Wes( )rtkcland'raswnship Page 41 of 138 MIDDLE ST. CROIX RIVER WATERSHED MANAGEMENT ORGANIZATION 1350 West Frontage Road, Hwy 36 Phone: 651 - 275 - 1136, ext. 22 D Stillwater, MN 55082 Pax: 651-1254 A Joint Powers Watershed Management Organization composed of text St. Croix Valley Communities chat was established xruler State Stahrte 10313 to cooperatively manage water r �.,•• 4 ,. . resources within the watershed. October 22, 2004 Todd Clarkowski, P.E. Area Engineer Mn /DOT, Metro District 1500 west County Road B -2 Roseville, MN 55113 Dear Mr. Clarkowski, We appreciate the October 1, 2004 letter from Keri Aufdencannp responding to our letter of September 15 addressed to you; as suggested we are addressing these additional comments to you. As you know, the Middle St, Croix Watershed Management Organization (MSCWMO) was created by a Joint Powers Agreement to cooperatively manage water resources within our watershed. The watershed boundaries include a large portion of the area (in Minnesota), which will be affected by the proposed St. Croix River Crossing Project and its approaches, under whichever alternatives are ultimately selected. Many of our constituent municipalities have specific concerns about broader differences among the proposed alternatives, but the concern of the MSCWMO is water resources including both surface water and groundwater. The draft of our new (second generation) MSCWMO Plan has been published and distributed for comment; we expect it will be approved late this year. Specifically, the MSCWMO expects and intends to review in detail the plans for the selected alternative crossing and require compliance with our plan. In the October 1, 2004 MNDOT letter, it was noted that meetings have been held with several agencies charged with water resources responsibilities or jurisdiction and that a draft design criteria matrix has been developed. This matrix includes a summary of applicable rules and regulations as well as a set of project goals to be met by the proposed project. It was further stated the MSCWMO would continue to be provided with meeting agendas and encouraged to bring any potential issues /concerns to your early attention. We will appreciate MNDOT continuing to provide us with mecting agendas and updated information, and we will do our best to keep abreast of the progress of the project and coinnnent as appropriate within the constraints of staff and volunteer time, However, we also expect that MNDOT will be mindful of its Middle St. Croix Watershed Manag-ement 0manization M EM 13 ER COMMUNrrlES: Alton, Bayport, Baytown T•ownShip, C.,akekind, Lakeland Shoncs, Like S1. Croix Beach, Oak Park Eieights, St, M�ny Point, Stili�4gacr and west I ikeland Township Page 42 of 138 obligations to be aware of" and to comely with the requiremelits of the pending; MSCWMO Second Generation Plan as your agency develops its plans for all aspects of the St. Croix River Crossing Project. We look forward to continuing cooperation between MSCWMO and MNDOT. Sincerely, Jobe Jansen MSCWMO Board Cc: Cindy Weckwerth, Washington Comity PHE MSCWMO Repre:scntativeS Middle St. Croix Watershed A axwl Oramnization M EM BE COMMUNITIi S: Aliov, Bilypurt, Baytown Township, I Acimid, LAO;md Shores, Lake St. Croix Beach, Oak Park Heights, St. Mary's Poiaat, Stilh" and wcsj l 7 timid Township Page 43 of 138 MIDDLE ST. CR(lx RiVf-;.R WAIERS8Bl)MANAG8MENTORGANCZAy[[)N � tS80 West Frontage Road, Hwy 36 yboo,: 661'%7S'11J6, ext. 22 Stillwater, MN 88082 F^n' 651-275'1264 ~ mev�, ,mm"r� xw � m,nm*w^�*,Mmx�/uuv�/mm�vvMa omp""v~�~=p"'�'`"/ °�'" ' of the ^n��� n*�/m�mummm/o�wm��m�om,ema�����wsomcesman manner. July 14, 2006 Mn/DOT Metro District Attn: Monty llood— BFEIO Comments Wu|oro Edge Bldg,, 1500 Wmo{ County Road B2 Roseville, MN 55113 Dear Mr. 8and, The Middle St. Croix Watershed Management Organization 20O6 Watershed Management Plan (M8CWMO 2006WM9\vvou approved *urburthis year. ��/�D0Tvvuonuti�edofthis Plan iu2004 and 2O05; and wcol)y of the final ' v ersion is encloo*d. The policies and performance standards of this Plan will apply to the 8\. Croix River Crossing P 'mX. General Cooamucotw oil Section lA Water Resources MSCWMO Performance Standards require enhanced vo|n000 runoff controls designed toretain the first >6 inch nf runoff for all impervious areas plus % inch fbru/rwo with compacted soils, and all atxuo1orul n1Vnov/utor management measures ubuU meet the design standards of Appendix l of the M8CWMO20O8 VVK4y. The rate ofr000ffnouyuotho]um'ouuodfro/op/e'dcvelupniorttopont-dcvclny/ueu ' 10-, and 100' year rainfall, Direct discharge ofstormwater to wetlands and all other waterbodies without water quality treatment ioprohibited. The MSCWMO is pleased to see that phosphorus modeling has been completed and that tho goals of tile St. Croix Basin Planning Team are incorporated as part of the 8FBlS. Phoxpboruxrcomovwl measures that are not located *vhhio the riobt-of-vvmyofthis prqicct and are instead iruy}omoxded through the potential banking yr0000u mentioned in lO.2.4 should heimplemented vvitbiu the immediate vicinity u< u mioiouvno and dmOoiio\y within the impacted watershed. Oakgncco-K:ruulcy, St. Croix Nort and St. Croix South Drainage Areas The infiltration husiux and wet detention ponds ubuU mute( the design otmodon6v of Appendix \ of the MSCWM0 2006 WMy. More specific information in needed on the anticipated water quality impacts of the ]nT>yoocd treatment uyo1ernx. It should be noted that Lily Lake has been listed as impaired for xvviom/oiug duo to ext000 nutrients in the 2002 MPC/\ C}wou Water Act Section 303(d) total nuuxicooro daily load (TMDl); u TMDL study is targeted to start in 2007 to determine nut management and budgeting. St. Croix Central Drainage Area More information is needed on the conveyance and treatment systern design for this drainage area. M8CWMO Performance Stuodu/dopro\)U/it db'oot discharge nfutoouv/w(ortn wetlands and all other vvotorbodiuuwithout water quality treatment. We are also couoo,up] that the location nf the Riverside Pond — taking y(000v/xtor from thnyor,o Creek, Osgood, and 3(. Croix Central drainage areas ' is within the floodp}uio; Ohorofh/e, neutralizing the water quality benefits of the pond each dnoe tile St. Croix floods. Middle St. Croix Watershed &8muuL) MPx8B Ell COMNUN|?|aS: xnmn.o*rvmI. Baytown now.`mi».I.txvm,a` Lakeland Shows, mxc St. C ow.m. Oak Park n^ium`` St. mo�'sr()jm.mmxnmrmo West \-A"|mx/'mm`,m» Page 44o,1oa Du=mber 9, 2009 Page 2 of 2 Comments on 10.4 Wetlands The MSCWMO feels that the SF EIS has adc .cutely explored avoidance and minimization of wetland impacts and recognizes that impacts to approximately 7 acres of wetlands are unavoidable with the St. Croix River Crossing Project, The MSCWMO Policies and Performance Standards Regarding 'Arctlands (see Section 5.3.4 of the MSCWMO 2006 WMI'} will apply to these and all wetland impacts for the project and must be incorporated into the final wetland compensation flan discussed in Section 10.5.4.2 of the SFEIS. The majority of the wetlands within the project area are classified by the MSCWMO in the B Maintain Management Class except for Basins Q and P -1; these basins are in the A Preserve Management Class of Ille MSCWMO. Mitigation for the wetland impacts will require payment into the MSCWMO Wetland I"mhancement and Replacement fund under the following, conditions, a. Variances Eton] file MSCWMO policies and per fo]ulanee standards. b, Activities permitted under WCA but exempt from replacement (includes "incidental wetlands" under WCA such as those wetlands in basin N -1 west of Beach Road ), c. Temporary impacts to wetlands including utility repair. d. Wetland impacts replaced outside of file MSCWMO jurisdictional boundary including; road impacts replaced through the BWSR Bank {such as the mitigation banking; site in William O'Brien State Parlo, e. Variances from tllc buffer requirements of the MSC`WMO 2006 Watershed Management Plan. Rates of payment into this fund will be set by the MSCWMO after review and conlinent by the Technical I'waluation Panel. Comments on Section 12 Cmistruction Impacts The MSCWMO requires a Stormmiater Pollution Prevention Plan that meets the requirements of the National Pollutant Discharge Elimination System, which is already planned for this project. Teel free to contact inc at 651 - 275 -1136 x22 or m tiS0)mmAcd.Org with any questions regarding these COI]711]ClltS. Sincerely, Melissa Lewis MSCWMO Administrator Ene, MSCWMO 2006 WMP Middle St. Croix Watershed Management Orayanization MLiMBER COMMUNITIES: Arlon, Bayport, BaYLuwn Township, Lakeland, [Aikeland Slimv%, bike St. Croix Buacb, oak Park Ilcigbts, S1. Mary's [point, Sffl)mitcrand West Lakeland Township Page 45 of 138 ' MIDDLE. ST, CD()ix RIVER WA[ERSDBD MANAGEMENT ORGANIZATION 1380 West Fnvutx8u Rood, B\wy36 pbvn,:651'27S'1136. ext. 22 Stillwater, MN 95083 Fax: 651-275'1264 ` mo mission v//v^ Mi x/omxoamw°/»vm/wnmxo/'n'nwem/mo/sm/nin�'^/,/wpp'/nx��mo^*pm"` xnm,auu /x | �� MEMORANDUM T0: MSCWMOOourd FROM: Melissa Lewis, MSCWMOAdnminivtrutor I(Il: BL Croix River Crossing Project DATE: August 3,2006 Comment }r<1ei for the 3nypl#o*utu\ Final BlQ was sent on July l4 2006 an presented at the July M8CWMU regular board meeting. Jay Riggs, District Manager at the Washington Conservation District; David Beaudet, Chair ofthe MSCWMO,and myself met on August 2, 2006 to discuss future strategies for the St. Croix River Crossing Project. The following is an outline of that discussion. Key topics discussed w Wait for MoD0T`n response 10 the Sy8lS comments. WCD staff and tboMSCWMO administrator will coordinate with MuD()T uto[[io the implementation of the Performance Standards and/or variances after the response iureceived. MSCWMO will Prepare press releases if response is not received or if MnDOT is not responsive k) coordination attempts. m p mSCWM() letters were not included io the 8PElS. Contact Cheryl Martin, Federal 8iubvvoy Administration to discuss why and provide Ms. Martin with copies of those letters and the current response <o the SFEl8. * ]l o Performance Standards ofthe MSCWM0, by w the SyElB was reviewed, are to be impluouto{m] and enforce(] by each ou*znbnr oonmxonuiiy \b,onob the building and grading permit yzocovv. • The uuernhorcommunities are required to incorporate the M8CWMO 9ucibomuuou 3tuudun]r into their local water resources management plans within 3 years nf the Watershed Moum8e/ncnt Plan approval. The plan was approved oo April 2b • Coordination needs to occ with the member communities to ensure understanding of the performance standards and their implementation by engineering a(ufC * If variances from the Performance Standards are requested and a MOU is established and/or mitigation funds are offered, any reference to specific dn\lmo wnonu(o should either be avoided or specify that the amount will be adjusted for inflation. • & technical advisory committee should he established to determine rates ut which mitigation will be charged mu� criteria for variances �oio performance ohamdardx - iorJodoengineering staff - ii (This i should established �u'd)*000f the status oft\�m 6'o�o ulltbcconm�nuu tox. ` ncnnm'n 1\oo )ou �regardless St Croix Crossing.) • Capitol Region Watershed District has working oo o variance process that iorixd*uuuitiguhoo funds, which MSCMW0 may want \o model. Middle St. Croix Watershed Muou2ccucut Or2notzatiox\ M EMBERC0NMUN|T|DS: Afton, Bayport, Baytown ro°ow`ip.1 axOm,|.Uk^|mx> Shores, mxu St. Croix Be Oak Park xeig.ts,w. Ma Point, xm>m//or a West Lakeland mm.miv Page 400,1oa MIDDLE ST. CROIX WMO SUBWATERSHEDS ALONG p 1 '' HIGHWAYS 36 & 95 " KEY TO FEATURES N MSCWMO Subwatersheds s Highways 36 and 95 .,� Roads Lakes Streams MSCWMO Boundary ({\ l i ) � x a � 1 3 3 g r 3 _ate: f _ t t v � 1 a f I j r 3 7 f i r A i I S ' ' 0 0.25 0.5 1 1,5 2 Miles �[l /p��f /Y A : & : IN(, ON Page 47 of 138 This Page Is Left intentionally Blank. Q Page 48 of 138 Oak Park Heights Request for Council Action Meeting Date December 22, 2009 Agenda Item Title 2010 Water and Sewer Rate Studv Time Required 5 Minutes Agenda Placement New Business Originating Department/ Requestor Finance -Judy Holst, Deputv Clerk/Finance Director Requester's Signature Action Requested Approve Rate Studv, Rate Increase for Waterworks and Sanitary Sewer, and Adopt Resolution for Rate Increases Background /Justification (Please indicate any previous action, financial implications including budget information and recommendations). See attached memo, rate study and resolutions. Page 49 of 138 I F n � fa F,t yy Memo December 22, 2009 To: Mayor and Council From. Judy Tetzlaff, Accountant Re: 2010 Water and Sewer Rate Study Attached is the completed 2010 water and sewer rate study. The rate study shows estimated revenue and expenses for 2009 and budgeted revenues and expenses for 2010. Included are scenarios for possible rate changes to obtain balanced budgets for both the Water and Sewer Utility Funds in 2010. The water and sewer usage calculations for 2010 were based on estimated 2009 billed water and sewer consumption as I do not anticipate an increase in new customer accounts or usage for 2010. The results of the Water Utility Rate Study indicate revenue for 2009 and 2010 will provide the needed revenue to cover operating expenditures, but are not sufficient to cover the 2008 cash deficit of $156,000 which reduced the Water Utility Fund Balance. I recommend replenishing the Water Utility Fund Balance in four years by adding an additional tier to the I-ate structure for high water users above 200,000 gallons per quarter. Water rates would remain the same for water usage amounts lip to 200,000 gallons per quarter, and all additional tier added at an amount of $3.91 for each 1000 gallons of water usage over 200,000 gallons per quarter. The increased rate would affect approximately three to four percent of our customers with minimal effect on our residential and small business customers. The results of the Sewer Utility Rate Study shows a rate increase is necessary to generate sufficient revenue for the operation of the Sanitary Sewer Utility Fund. Expenditures are projected to exceed 2009 revenue by $58,000. In addition to the 2009 deficit the Metropolitan Council increased wastewater billing for 2010 by six and a half percent. Billed sewer consumption in 2009 is 14 percent lower than in 2008 and we expect sewer consumption in 2010 to mirror 2009. Also investment income is down and the sewer utility capital purchases for equipment are increasing for 2010. A rate increase will be required to generate enough revenue to fund the operation of the Sewer Utility fund. I recommend adding an additional tier to the sewer rate structure for usage above 50,000 gallons to $4.50 per 1,000 gallons over 50,000 gallons, a five percent rate increase in the minimum base fee to $56.99, and a 10 percent Page 50 of 138 increase for sewer usage above 15,000 to 50,000 gallons per quarter to $4.07. The recommended sewer rate fees are as follows: Minimum Charge $56.99 /quarter for up to 15,000 gallons $4.0711,000 gallons for usage over 15,000 to 50,000 gallons $4.5011,000 gallons for usage over 50,000 gallons Review and discussion of the 2010 Water and Sewer Rate Study will be at the December 22, 2009 Council meeting. Page 51 of 138 CITY OF OAK PARK HEIGHTS WATER AND SEWER RATE STUDY 2010 Page 52 of 138 REPORT ON WATER AND SEWER RATE STUDY FOR OAK PARK HEIGHTS, MINNESOTA 2010 David Beaudet Mayor Les Abrahamson Council Member Mary McComber Council Member Michael Runk Council Member Marls Swenson Council Member Eric Johnson Administrator Page 53 of 138 Table of Contents Introduction................................................. ............................... 2 Water User Charges ....................................... ............................... 3 General.............................................. ............................... 3 Water Usage Estimates ........................... ............................... 3 Water Department Expenditures ................. ............................... 3 WaterRates ......................................... ............................... 4 Sewer User Charges ...................................... ............................... 6 General.............................................. ............................... 6 System Flow Estimates ........... ............................... . ............... 6 Sewer Department Expenditures ................. ............................... 7 SewerRates ......................................... ............................... 8 Conclusions and Recommendations ..................... ............................... 10 Page I Page 54 of 138 INTRODUCTION "The City of Oak Park Heights regularly reviews the water and sewer rate schedule to assure receipt of adequate funding for operation of the utility systems. This report represents the results of a study undertaken to review the costs to operate and maintain the water and sewer systems in the City of Oak Park Heights. The purpose of the study is to determine the user rates required to adequately and equitably finance the proposed 2010 operating budgets of the Water and Sewer Funds. This report contains an analysis of the past and projected flows, usages, and system connections as well as a review of costs and projected expenditures for operation and maintenance. In summary, this report contains a review of the past and present schedules and practices relating to water and sewer user charges in the City and recommendations for rates which will produce the required revenues in a fair and equitable manner. Page 2 Page 55 of 138 Water User Charges General It is necessary to periodically study the water user rates to determine if adequate revenue is being produced to operate the water supply and distribution system and to meet other financial obligations for capital improvements and for renewal and replacement. The study contained in the following sections of this report reviews projected water sales as well as budgeted expenditures and other financial obligations. Using this information, rates are computed which will produce sufficient revenue to operate and maintain the waterworks system for the coming year. Water Usage Estimates Each dwelling and structure connected to the City waterworks system is equipped with a water meter to measure water usage. Each well supply is also equipped with a water meter to measure water produced. 'These two sources are then used to verify and estimate water consumption. It is very difficult to predict water usage with any accuracy for a given year because usage will vary tremendously dependent upon climatic conditions during the summer growing season. It is estimated that 50% of our customers use 15,000 gallons or less of water per quarter. An average of 9,000 gallons per month was used for all of our minimum usage customers. For the customers that have an average use between 16,000 and 50,000 gallons per quarter an average of 26,000 gallons per quarter per account was used. For the customers that have an average use between 51,000 and 99,000 gallons per quarter an average of 70,000 gallons per quarter per account was used. On average, records indicate that normal water consumption in the City of Oak Park Heights is equal to about 122 gallons per capita per day. This is higher than other similar municipalities because of the large institutional users in the City. Based on past records, it is projected water usage in 2010 will be approximately 210 million gallons with about 220 million gallons to be pumped. 'mater Department Expenditures To determine a water use rate schedule, it is necessary to estimate the amount of the expenditures anticipated or revenue required. Expenditures can be genet classified in the following categories: a. Operation and maintenance b. Deserve for capital improvements c. Administration, accounting and billing d. System renewal and replacement All of the expense items listed are related to capacity and usage except for administration, accounting and billing which are proportional to number of connections. Page 3 Page 56 of 138 Operation and maintenance costs are to be included in the rate calculation and are taken directly from the City Budget. The City has issued bonds in the past to finance waterworks improvements with a portion of the debt service being paid from revenue. However, more recently, the improvements made to the system have been made through bonding with repayment through a system of area charges and connection charges. The other cost which is part of expenditures in the water rate computation is an allowance for major repairs and for future replacement of facilities. Combining; all of the data described above results in the total estimated expenditures for the Water Department in 2010. A summary of those expenditures as well as previous years' expenditures is shown in the following tabulation. WATER DEPARTMENT EXPENDITURES 2006 2007 2008 2009 2010 Item Actual Actual Actual Budget Bu� diet Operation & Maintenance 4310,545 4299,522 4295,215 4313,710 4299,830 iZencwal & Replacement 88,221 88,212 110,950 110,800 92,150 Capital Outlay 10,800 192,300 240,051 133,000 _17 4,800 'Dotal 4409,566 4580,034 4646,216 4557,510 $566,780 2010 WATER DEPARTMENT EXPENINTURES Operation & Maintenance $278,630 Capital Outlay 174,800 Renewal & Replacement 92,150 Operating Expenditures $545,580 Administration & Billing 21,200 Total Expenditures $566,780 The administration and billing fee represents approximately 7% of the operation and maintenance cost. Water- Rates The estimated unit cost to produce and supply water in the City of Oak Park Heights can be determined by dividing the estimated operating expenditures by the assumed flow. In addition to the operating rate, revenue for administration, billing and accounting can be computed by dividing the estimated administrative and billing costs by the number of connections. In addition the City is required to submit 46.36 per water connection per year to the State of Minnesota for water connection service fees. Page 4 Page 57 of 138 The Water Utility Fund had a cash deficit for the year ending December 31, 2008 of approximately $156,000 and possible cash deficit for 2009 of $20,000. For operating; rate purposes, $44,000 per year for the next 4 years is added to the operating expenditures to cover the 2008109 cash deficits. The resulting computations are as follows: Operating Rate - $589,580 _ 210,000,000 gallons = $2.60/1,000 gallons Administration Rate - $21,200 _ 1,280 accounts = $4.14 /quarter State Water Connection Fee = $1.59 /quarter Using the minimum monthly flow of 15,000 gallons per connection results in the user rate schedule shown below: Operating charge - -. 15,000 gallons @, $2.60/1,000 gallons $39.00 /quarter Administration $4.14 /quarter State Water Connection Fee $1.59 /quarter Minimum Charge $44.73 /quarter The rate computation shown above represents a 58% increase in the minimum charge and a 72% increase in the operating rate. The current minimum monthly rates are as follows: Operating charge... 15,( )00 gallons (�i $1.51 /1,000 gallons $22.71 /quarter A.dniinistration $4.01 /quarter State Water Connection Fee $1.59 /quarter Current Minimum Charge 428.31 /quarter The current established water rates for all users are as follows: Minimum Charge $1.59 /quarter for State Water Connection lee $26.72 /quarter for up to 15,000 gallons $1.96/1,000 gallons for usage from 16,000 to 50,000 gallons /quarter $2.68/1,000 gallons for usage from 51,000 to 99,000 gallons /quarter $3.23/1,000 gallons for usage over 99,000 gallons /quarter In order to have a minimal impact on the residential and small business users and to further comply with Minnesota Statutes to encourage water conservation a 5"' tier could be added to our rate structure. This will enable the City to meet the 2010 operating and capital needs for the Water Utility Fund. The recommended waterworks rates are as follows: Minimum Charge $1.59 /quarter for State Water Connection Fee $26.72 /quarter for up to 15,000 gallons $1.96 /1,000 gallons for usage from 16,000 to 50,000 gallons /quarter $2.68/1,000 gallons for usage from 51,000 to 99,000 gallons /quarter $3.23 /1,000 gallons for usage from 100,000 to 200,000 gallons /quarter $3.91 11,000 gallons for usage over 200,000 gallons /quarter Page 5 Page 58 of 138 Sewer User Charges General The City of Oak Park Heights regularly reviews, adopts, and /or modifies its sewer user rate schedule to assure that sufficient revenue is being generated for the payment of all expenditures associated with the operation and maintenance of the sewage collection system and treatment facilities. This review is also undertaken to verify that all classification of sewer users are charged for service in a manner which is fair and equitable as defined in State and Federal regulations. The following sections of this report will describe the system usage, financial obligations, and budgeted expenditures as well as a suggested rate schedule to provide adequate revenues to operate and maintain tyre system in 2010. System Clow Estimates Utility use rates can be established by equating the amount of service sold to the estimated expenditures anticipated by the utility. In the case of a sanitary sewer system, the use or service can be measured by sewage flow with projections for fixture use being dependent upon growth by number and type of connection to the system. The Metropolitan Council 1 nvironmental Services (MCES) maintains flow- mcasuring devices which are supposed to totalize all flows from the entire City. In the past, the recorded I were very erratic, but between 1985 and 1993 there has been some fluctuation, but generally the flow has been proportional to the number of connections and estimated population served. In July of 1994, the MCES replaced the metering equipment for the Oak Park 1- leights meter; which resulted in a 16% increase in Oak Park Heights's flow. The installation of the new meter equipment resulted once again in wide fluctuations in recorded flows, which resulted in differences in estimated flows and recorded flows and resulting costs. In 1998 MCF S initiated a new billing system where cities were billed based on metered flows with a two quarter lag gather than estimated flows with a two -year lag in adjustment. nis did not change the accuracy of the metering but made the fluctuations less apparent. Beginning in 2005 the MCES adopted a "firm flow" allocation method in order to stabilize the flow revenue for the MCIS and the charges to the municipalities. "Phis means instead of estimating a systern flow, the MCES will use the last known flow numbers to allocate their budget for the coming year. To determine tyre annual billing amount, the calculation is based on flows from July 1 and ending June 30. An example of the amount billed for 2010 is based on the flows from July 1, 2008 through June 30, 2009. Since we now know what our annual 6 is, we are billed a flat anhount each month for the calendar year. Because we no longer receive quarterly flow data from MCES shoving the actual flows for Oak Park Ileights and the estimated flows MCES uses for billing purposes, the flows estimated by the City based on number of connections, water sales, population, and similar data will be used for the sewer rate computations. Page 6 Page 59 of 138 For informational purposes, population estimates, metered sewage flows and estimates, and flow per capita data for billing years 2006, 2007, 2008, 2009 and 2010 are shown in the following tabulation. Estimated MCES plows Year Population flow (Mill. Gals.) Per Capita per Day 2006 4,664 20495 120 2007 4,676 211.00 124 2008 4,751 209.95 121 2009 4,708 208.74 121 2010 4,708 19695 115 While the total sewage flow from the City is being metered with questionable accuracy, means are not available for measuring sewage flows from individual connections. 'Therefore, some assumptions and estimates must be used to apportion flows and resulting costs to the various types of users on the system. The estimate of billed consumption for sewer for the year 2010 is 159,543,000 gallons Water meters exist at each connection which measures the water purchased, but does not provide information on the quantity discharged to the sewer. Generally, almost all water purchased enters the sewer system with the exception ol water used for lawn irrigation. Lawn sprinkling is primarily confined to single i:amily, townhouse, and similar land uses. Where large institutional facilities or other uses have high irrigation demands, separate meters are becoming common so that sewer billing is limited to (lie non - sprinkler water usage only. Based on the above comments, sewage flows from residential connections are assumed to be equal to the quarterly water usage experienced during the winter months when no lawn sprinkling occurs. However, each monthly water meter reading is used for sewage discharge billing for all commercial, industrial, institutional and high end residential connections. Sewer Department Expenditures In addition to estimating the volume of sewage flow, the other basic factor required in establishing user rates is the amount of expenditures anticipated or revenue required. lxxpenditures can be generally classified in the following categories: a. Metropolitan Council Environmental Services billing b. Local operation and maintenance c. Administration, accounting, and billing d. System renewai and replacement All of the expense items listed are related to capacity and flows with the exception of the administration, accounting, and billing costs, which are proportional to the number of connections only. Page 7 Page 60 of 138 The Metropolitan Council Environmental Services fee is based on the "firm flow" allocation method and will be $390,106.13 for the year 2010. This represents a 6.5% increase in MCES fee. Local operation and maintenance costs are incorporated into the rate structure and have been taken directly from the City Budget or from actual expenditures when available. Combining all of the data described above results in the total estimated expenditures for the Sewer Fund in 2010. A summary of those expenditures as well as a tabulation of previous years' expenditures is shown below: Sewer Department Expenditures 2006 2007 2008 2009 2010 Item actual Actu Actual Bud Pct Budact MCES Billing $316,304 $322,126 $356,245 $366,195 $390,110 Operation & Maintenance 267,426 207,165 233,000 249,775 244,115 Renewal & Replacement 77,296 77,168 81,416 81,710 81,710 Capital Outlay _ 1 141 71,800 33,800 26,650 51,750 "total $672,167 $678,259 $704,461 $724,330 $767,685 2010 SEWER DEPARTIVIENT EXPENDITURE MCES Billing $390,110 Operation & Maintenance 199,265 Renewal & Replacement 81,710 Capital Outlay 55,250 Operating Expenditures $726,335 Administration 41,350 TOTAL 1 - - XA E::NDITUES $767,685 Sewer Rates Sewer user rates can be computed by simply dividing the various operating costs by the estimated flow. In addition to operating rate, revenue for administration, billing and accounting; can be determined by dividing the estimated administrative costs by the number of connections. MCES Charge $390,125 - 196,950,000 $1.9811,000 gallons Local Cost $336,225 -- 196,950,000 $1.7111,000 Rallons Operating Rate $3.69/1,000 gallons Administration Rate $41,3501 1,285 accounts $8.04 /quarter Page 8 Page 61 of 138 At the present time, the minimum charge is based on the discharge of 15,000 gallons per quarter per account. Using the rates established above, the minimum charge is shown in the following computation. MCES Charge 15,000 gal. (4) $1.98/1,000 gallons $29.70 /quarter Local Charge 15,000 gal. (a7 $1.71 /1,000 gallons 25.65 /quarter Administration 8.04 /quarter $63.39 /quarter 'rhe existing sanitary sewer rates along with additional revenues from interest and permits will not completely cover the 2010 projected expenditures. In all cases, it is assumed that the billing to single family, townhouse, condominium and other similar residential units will be based on the winter quarter water meter reading. All other land uses such as apartments, institutions and commercial and industrial facilities will be billed quarterly based on actual meter readings. Current sanitary sewer rates are as follows: Minimum charge $54.28 /quarter for up to 15,000 gallons $3.7011,000 gallons for usage over 15,000 gallons A 10% ($5.43) increase as of .lanuary 1, 2010 in the minimum charge with a 15% ($.56/1,000 gallons) increase; in rates for usage above 15,000 gallons would enable the City to meet the 2010 operating and capital needs for the Sewer Utility Fund. The sewer rates would be as follows: Minimum Charge $59.71 /quarter for up to 15,000 gallons $4,26/1,000 gallons for usage over 15,000 gallons In order to have a minimal irnpact on the residential and small business users a 3 " tier could be added to our rate structure. A 5% (`};2.71) increase in the minimum charge, 10% ($37/1,000 gallons) increase in the 2 "` tier and adding a 3 "" tier for $4.5011,000 gallons usage above 50,000 gallons would enable the City to meet the 2010 operating and capital needs for the Sewer Utility Fund. The sewer rates would be as follows: Minimum Charge $56.99 /quarter for up to 15,000 gallons $4.0711,000 gallons for usage from 16,000 gallons up to 50,000 gallons /quarter $4.50/1,000 gallons for usage over 50,000 gallons /quarter Page 9 Page 62 of 138 Conclusions and Recommendations Based on the studies reported on herein, it is concluded that a rate increase is required to generate adequate revenue for the operation of the Waterworks Fund and the Sanitary Sewer Fund. It is recommended that the following water and sewer user rates be adopted as of January 1, 2010 to operate the Utility Funds of the City of Oak Paris Heights in 2410: Rate Schedule Water Rates Minimum Charge 426.72 /quarter for up to 1 5,000 gallons 41.59 /quarter for State Water Connection .Fee 41.96 /1,000 gallons for usage from 16,000 to 50,000 gallons /quarter 42.68/1,000 gallons for usage from 51,000 to 99,000 gallons /quarter 43.23/1,000 gallons for usage from 100,000 to 200,000 gallons /quarter 43.91/1,000 gallons for usage over 200,000 gallons/quarter Sanitary e=wer bates Minimum Charge 456.99 /quarter for up to 15,000 gallons $4.07/1,000 gallons for usage from 16,000 to 50,000 gallons /quarter $4.50/1 ,000 gallons for usage over 50,000 gallons Page 10 Page 63 of 138 RESOLUTION NO. 09- -12 -96 CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA A RESOLUTION ESTABLISHING WATER USAGE RATES WITHIN THE CITY OF OAK PARK HEIGHTS EFFECTIVE January 1, 2010 WHEREAS, the City of Oak Park Heights by resolution and ordinance regulates water usage rates within the City for all users; and, WHEREAS, a rate study has been conducted and completed by the Deputy Clerk /Finance Director recommending water rate increases 'to accommodate the cost. for administrating, managing, and prov:id.i.ng municipal water services to the citizens of the City of Oak Park Heights and all properties connected thereto; and, WHEREAS, current demands upon the municipal. water systems of the city necessitate the future construction of additional infrastructure and rehabilitation of existing infrastructure that must be paid for by users of the system; and, WHEREAS, the City Council, has reviewed said rate increases and determined the same to be :fair and equitable. WHEREAS, the c:i.ty ordinances provide for the implementation of rate increases by resolution. NOW, THERE);ORE, BE IT RESOLVED, by the City Council for the City of Oak Park Heights as follows: That effective January 1., 2010, the City of Oak Park Heights shall establish a municipal water rate for all users as follows: a. A quarterly rate of $4.14 for administrative fees, $1.59 for state water connection, and $1.51 per 1,000 gallons used for the first 15,000 gallons, with a per quarter_ minimum charge of $23.31. Page 64 of 138 b. A rate of $1.96 per 1,000 gallons for water use above 15,000 gallons up to 50,000 gallons. C. A rate of $2.68 per 1,000 gallons for water use above 50,000 gallons up to 99,000 gallons. d. A rate of $3.23 per 1,000 gallons for water_ use above 99,000 gallons up to 200,000 gallons. e. A rate of $3.91 per 1,000 gallons for water use above 200,000 gallons Passed by the City Council for the City of Oak Park Heights this 22nd day of December, 2009. David Beaudet, Mayor Eric A. Johnson Administrator Page 65 of 138 RESOLUTION NO. 05- -12 -47 CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA A RESOLUTION ESTABLISHING SEWER USAGE RATES WITHIN THE CITY OF OAK PARK HEIGHTS EFFECTIVE January 1, 2010 WHEREAS, the City of Oak Park Heights by resolution and ordinance regu.1ates sewer_ usage rates within the City for all users; and, WHEREAS, a rate study has been conducted and completed by the Deputy Clerk /1'inance Director recommending a sewer rate increase to accommodate the cost for administrating, managing, and providing municipal- sewer services to the citizens of the City of Oak Park I-Iei..ghts and all properties connected thereto; and, WI- JERI_,AS, the City Council_ has reviewed said rate :i.ncr_ease and determined the same to be fair and equitable. WHEREAS, the city ordinances provide for the implementation of rate increases by resolution. NOW, THEREFORE;, BE IT RESOLVED, by the City Council for the City of Oak Park Ee.ight - s as follows: That effective January 1, 2010, the City of Oak Park Heights shall establish a municipal sewer rate for all. users as follows: a. A quarterly rate of $8.09 for administrative .fees, and $3.25 per 1,000 gallons of water used for the first 15,000 gallons, with a per quarter minimum charge of $56.99. b. A rate of $9.0'7 per 1,000 gallons of water used over 15, 000 gallons up to 50,000 gallons. Page 66 of 138 c. A rate of $1.50 per 1,000 gallons of water used over 50,000 gallons d. Residential sewer rates are determined by the amount of water used in the March quarter of each year. Commercial, industrial, institutional and high density residential_ sewer rates are based on actual usage. Passed by the City Council for the City of Oak Park IIeights this 22nd day of December, 2010. David Beaudet, Mayor u ATTF'SI': Eric A. Johnson Administrator Page 67 of 138 This Page Is Left intentionally Blank. Page 68 of 138 Oak Park Heights Request for Council Action Meeting Date December 22, 2009 Time Required: I minute Agenda IternTitle: City Code of Ordinances — Uvdate CC 1 02 Master Fee Schedule Agenda Placement New Business Originating Department/Requestor Administration/Julie Hultman Requester's Sig Action Requested Consider and Adoot Amended CC 102 Master Fcc Schedule Background/Justification (Please indicate if any previous action has been taken or if other public bodies have advised): In May of 2006, the City Council reviewed and adopted City Ordinance CC 1 02- Musser Fee Schedule which was created in such a manner that it could be revised on an as needed basis without re-adoption of the city code and/or publication. The schedule was last updated, with changes adopted December, 23, 2008. The attachment is a. summary of the changes made to the MCISte7- Tree Schedule, reflecting changes to water and sewer usage rates, increase to Metropolitan Council Service Availability Charge (SAC), Also reflected in the summary is language clarification for fire protection work permits and swimming pool installation rates. These permits have been issued using the rates as previously approved by City Council and has been included to the fee schedule so that it is easier for users to find the appropriate type of work and related permit rate. Following your review, staff recommends that the summary of - fee amendments to CC - 102 Master Fee Z� Sehe&de be adopted and be incorporated within the fee schedule. The amendment to the schedule shall be published as required by Jaw. Pa 69 of 138 CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA ORDINANCE NO. 2009-102- AN ORDINANCE AMENDING CHAPTER 102 CODE OF ORDINANCES OF THE CITY OF OAK PARK HEIGHTS SPECIFICALLY RELATED FEE CHANGES THE CITY COUNCIL OF THE CITY OF OAK PARK HEIGI -ITS, WASI- IINGTON COUNTY, MINNESOTA, DOES ORDAIN: Section 1. Amendment. That Chapter 102 of the Code of Ordinances of the City of Oak Park Heights is hereby amended to add the following changes in fees, providing as follows: Schedule of Fee Amemlments: • Fire Protection Systems histallatiori & Remodeliiig Based on job value; (see valuation Lased (Includes Wet, Dry, Alarm & Moiiitoriiig Systems) permit fee. schedule). State surcharge will be charged. flan Review fee will be charged, if applicable. • Metropolitan COLn1Cll Service Availability Charge (S.A.C.) From $2,000 per wait to $2,100 per unit • Swimming Pools Based on jab value (see valuation based permit fee schedule). State surcharged will be charged. Plan review fee will be eliarged, if applicable. • Water Usage Rates (Quarterly): Up to 15,000 gallons $ 28.31 + Each 1,000 gal. over 15,000 gal. up to 50,000 gal. $ 1.96 -1- Eacli 1,000 gal. over 50,000 gal. up to 99,000 gal. $ 168 + Each 1,000 gal. over 99,000 gal. up to 200,000 gal. $ 3.91 • Sewer Usage Rates (Quarterly): * Residential rates determined by amowrtt of water used iu the March quarter of each year. * Commercial, hldustrial, hlstitutional and High Density Residential rates are based upon actual usage each quarter. Up to 15,000 gallons from $54.28 to $56.99 (56.94) + Each 1,000 gal. over 15,000 gal, up to 50,000 gal from $3.70 to $4.07 Each 1,000 gal. over 50,000 gal. $4.50 Page 70 of 138 Section 2. Effective Date. This Ordinance shall be in full force and effect January 1, 2010 after its passage and publication according to law. Passed and adopted by the City Council of the City of Oak Park Heights, Washington County, Minnesota, on this 22" d day of Decen 2009. CITY OF OAK PARK HEIGHTS 13y: David Beaudet, Mayor Attest: 1:aric A. Johnson, City Administrator Page 71 of 138 This Page Is Left Intentionally Blank. Page 72 of 138 Oak Park Heights Request for Council Action. Meeting Date: December 22nd. 200Q Time Required: ti Minutes Agenda Item Title: City Hall Facility - Furniture Agenda Placement: //ei Originating DepartmEric Johnson City Administrator Requester's Signature Action Requested Backeronnd /Just° ]nation (Please indicate if any previous action has been take or if other Dublic bodies have advised): The City has completed the bidding and finalizing of the majority of the office furnishing contract with Innovative Office Systems. The initial process started with six vendors, was narrowed down to two based on price, product quality and style. Innovative Office Systems was determined to be the best bidder based on final style, quality and price. I have enclosed a copy of the summary memo from the Furniture Design Committee commenting on the two finalists for the new furniture at City Hail. INNOVATE and I- SPACE. The amounts allocated for general furnishing was anticipated to be $100,000; the actual contract amount at this time is $73,193.43. Certainly there may be some additions to this contract amount based on final needs but at this time is likely over 95% complete. We are looking into the possibility of painting some current steel cabinetry that would refresh and match the new furnishings. Costs are unknown at this time. Staff did investigate the re -use of the current seven (7) Council Dais chairs. Re- upholstery of each unit would be $300.00 +/- (Powell). New Chairs are being provided at $214.06. A total of ten (10) chairs are needed at the dais, so if matching chairs are desired these would need to be located and possibly re- upholstered as well. The Agreement with Innovate Office systems allows the City to make such selection, but current pricing is with the new chairs provided. Full color selection panels are available at City Hall. Recommendation: Approve the contract with Innovative Office Systems in an amount not to exceed $74,000.00. (This price includes tax, delivery and installation, garbage removal and recycling) Page 73 of 138 in innovative office solutions To: Eric Johnson City Administrator at City of Oak Park Heights From: Liz Swiersz Laura Nagel Innovative Office Solutions Re: BA #0822 City of Oak Park Heights Install during normal working hours. Date. 12/14/09 107 $631.26 109 $3,241.74 111 $3,241.74 112 $2,923.75 116 $1,099.56 118 $2,983.81 119 $1,151.10 120 $1,98121 1.21 $1,021.41 126 $2,483.67 130 $3,010.75 131 $3,605.64 132 $2,877.53 136 $0.00 137 $3,805.79 138 $811.20 139 $1,558.46 140 $3,680,67 141 $6,674.96 142 $2,923.75 143 $1,981.21 144 $1,981.21 145 $5,870.06 * * Sub;ectto change per City Council Dias" * *$214.06 individual Dias chair pricing" Install $8,944.60 Pmvailing wage, includes clarbage and all recycling 6.875 $4.708.35 TOTAL $73,193.43 Liz Swiersz, IOS Representative Customer Page 74 of 138 W Lr) I- BREAK OEV. CD y R MEN FNO' F--�'TM PAV XVEN STARS LLLlll OPEN OFFICE, 1 20 128 125 t`AEL 138 I ONF. =-3a ClgD INTRRVi- I f � � r - LEI L x \ -j ca 81AIRA: OFFICE POL�,E E=PT.ICN t4,A SQUAD 1 FWANCE MERV, RCCE?7:ON CL �. ` - -- oFFlca� 114 s— S, �ACCCUNT� 2 'IT NAIL 4sC IN ALCOVE CZ14F R=NOA F-KPW7E A DIR 511 1C9 EN 1111EI ol. SGT -E.-. Ell Q L WWEN wa "EST COUNCL rf�VSER ED 147 �-S7CRWiE :=NTRCt RAY.P LP A PARK HEIGHTS d Memo To: Eric Johnson From: Furniture Committee: Brian DeRosier, Judy Holst, Andy Kegley, Jennifer Pinski Date: October 27, 2009 Re: Furniture Selection BACKGROUND The City received six furniture bids on July 31, 2009, as a result of an RFP prepared by Buetow & Associates. On August 12, 2009, the furniture committee met with Randy Engel to discuss the bids. After reviewing all six bids, the committee determined it would seek additional information from three of the vendors. Beutow & Associates submitted a request for supplemental information from those three vendors that were chosen by the committee. On September 30, 2009, the City received those responses. On October 7, 2009, the furniture committee met with Randy Engel to review the responses from the three vendors. One vendor was eliminated by the committee at that meeting because their bid came in over budget. The committee requested that Randy Engel arrange for a showroom visit of the remaining two vendors: i:Space and Innovative Office Solutions. On October 12, 2009, the committee, along with Randy Engel, visited the showroom of Global, the product specified by Innovative Office Solutions, at 2000 Freeway Boulevard in Brooklyn Center. On October 16, 2009, the committee, along with Randy Engel, visited the showroom of LaCasse, the product specified by i:Space, at 7105 Ohms Lane in Edina. RECOMMENDATION After visiting the showrooms, the committee met with Randy Engel on October 19, 2009, and unanimously concluded that the product specified by Innovative Office Page 76 of 138 Solutions appeared to be of better quality and materials than the product specified by i:Space. Following that meeting, the committee requested clarification from a representative of Innovative Office Solutions that certain elements of the RFP would be met under the quoted price, specifically that the workstations and overhead cabinets would be freestanding and that the vendor would provide an inventory of existing furniture pieces in the current City Hall. The committee subsequently received that confirmation in writing from Innovative Office Solutions, and it is committees' opinion that both of the final vendors have met the terms of the Scope of Work in the RFP. The quote from i:Space was $79,886.51 including tax. The quote from Innovative Office Solutions was $73,516.39 including tax. Therefore, it is the recommendation of the committee that the City enter into a contract for furniture with Innovative Office Solutions. Page 77 of 138 This Page Is Left Intentionally Blank. Page 78 of 138 ���� Park ~~~��»��! � � .~�~�~~_�~-��-__ - Request for Council Action Meeting Date: December uuud,unnv 11norReqnined: s8&iuu[oo Agenda Item Title: 'der Fencing. Screening, and L.unduounio« Requester's -`.---��' Action Requested �e Below Backaround/Ju cation (Please ate if any previous action has been taken or if other Dubli odies have advised). Please see the enclosed information from Scott Richards: 1. Memo dated 1211TX08 2. Proposed Ordinance incorporating Changes inCC401.15 E.2. The Planning Commission did support the proposed changes and voted ao such a1 its November 2000meeting, the following is an excerpt from the Planning Commission minutes (unapproved minutes) "Vice Chair Bye, seconded by Commissioner Powell, moved to recommend City Council adopt the amendments to the City Zoning Ordinance 401.15.E. as they reiate to fencing, screening & landscaping as proposed within the November 3, 2009 NAC Planning Report. Carried J-0." Page 7nm138 ► NORTHWEST ASSOCIATED CONSULTANTS, INC. 4800 Olson Memorial Highway, Suite 202_, Golden Valley, MN 554.22 K'' Telephone: 763.231.2555 Facsimile: 763.231.2561 piarinersia MEM ORANDU M TO: Eric Johnson FROM: Scott Richards DATE: December 17, 2009 RE: Oak Park Heights -- Section 401.15.E, Fencing, Screening and Landscaping of the Zoning Ordinance FILE NO: 798.04 — 09.04 The City Council, at their meeting on December 8, 2009, discussed the proposed language changes to the provisions related to survey and neighbor permission requirements of the fencing, screening, and landscaping section of the Zoning Ordinance. The City Council wanted to see language inserted related to neighbor permission if a property line could not be established and for notifications of fence installations close to property lines. Section 401.16.E.2, Application Requirements The first issue is related to the provision that requires a certificate of survey for all fences to be constructed up to or on a property line. The Building Official has indicated that the cost of a survey can sometimes be more than the installation of a fence. The ordinance amendment that follows would require a certificate of survey or establishment of the corner property stakes by a licensed and registered Minnesota surveyor. Written confirmation of finding the corner stakes would be required of the surveyor. The City Council discussed adding a provision for neighbor approval if a survey is not available and a surveyor cannot establish property stakes. The draft language is as follows: 2. Application Requirements. Each application for a permit under this section shall be submitted to the Zoning Administrator on forms provided by the City. Each such application shall include a site plan drawn to scale showing the location of house(s), garage(s), and other improvements on the lot and the location of the fencing to be erected, altered or relocated. A certificate of survey shall be required for all fences (including hedges and plantings) to be constructed up to or on the property line, unless c -o- mer property stakes On till affected.. r? _.=fly__ in are rii"st, located and n�ai-€�e c�..._G?�.._ � lic�l�sc�c�..._aE�� rectisic��d l iineatrveyoijc _ucijLtrveyol_sllrc»id letter to t11�.._G€ c;ilrr t{r Page 80 of 138 they have located such propei stakes. If the survey or or ... ....... be p or established. an agreernent shall be reached behueen owners as to the accepted Pror)ei ill - tile Pro ty- file-, Section 401.16.E.4,c, Specific Fence Standards A provision was added to this section about 15 years ago requiring written permission of owners of adjoining lots or parcels for fences between four and six feet in height. The Building Official has also noted this as prohibitive when the property owner that wants a taller fence for screening cannot install it because he or she does not get along with the adjoining neighbor. Many cities allow fences on the property line, up to six feet in height, without prior neighbor approval, The City Council requested that language be inserted that would allow for at least neighbor notification of fence installation. The draft language is as follows: G. Fences or walls on or within three (3% ( feet or less from a common property line between two adjoining lots or parcels not owned by the same person, firm or corporation shall not exceed ow {4 six,. Jeet in height...._ The pl peily owncn shaH pi vvriiten notifi-ation to ad . . )eriv owners ­Q­ ------------- - --- ........ . .. . ­ . . ........ ntrl ac'P�a� .... ...... -­'­ ­­­­ ,-OVICL.ffrent with the application for a building, tpe�rn for a fence installation W�­ ...... ------ is less than five (5) feet frorn a oror)ertv line- .. unless agreQ'd in Writing by - - - ---------- ­­­­ ­­­­. Said - adjoining lots or parcek�,-. In -which -rya se;­F ' ' ' ences or was n 0A exceedhn-q-silx-(fi} feet inlrieigh' shall be permitted except as prohibited in sub- paragraphs b. and d. hereof. 2 Page 81 of 138 ORDINANCE NO. 2009 - CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA AN ORDINANCE AMENDING SECTION 401.15.E (FENCING, SCREENING, AND LANDSCAPING) OF THE OAK PARK HEIGHTS ZONING ORDINANCE TO REVISE THE REQUIREMENTS FOR CERTIFICATE OF SURVEY AND PROPERTY OWNERS PERMISSION FOR INSTALLATION OF FENCES OR WALLS THE CITY COUNCIL OF THE CITY OF OAK PARK HEIGHTS, MINNESOTA ORDAINS: SECTION 1. Section 401.15.E.2, Fencing, Screening and Landscaping of the Zoning Ordinance is hereby amended to read as follows: 2. .Application Requirements. Each application for a permit under this section shall be submitted to the Zoning Administrator on forms provided by the City. Each such application shall include a site plan drawn to scale showing the location of house(s), garage(s), and other improvements on the lot and the location of the fencing to be erected, altered or relocated. A certificate of survey shall be required for all fences (including hedges and plantings) to be constructed up to or on the property line, unless property stapes on the affected property lines are first located and marked by a licensed and registered Minnesota surveyor and such surveyor shall provide a letter to the City citing that they have located such properly stakes. If the survey or property stakes cannot be provided or established, an agreement shall be reached between property owners as to the accepted property line. SECTION 2. Section 401.15.E.4.c, Fencing, Screening and Landscaping of the Zoning Ordinance is hereby amended to read as follows: C. Fences or walls on or within ten (10) feet or less from a common property line between two adjoining lots or parcels not owned by the same person, firm or corporation shall not exceed six (6) feet in height. The property owner shall provide written notification to adjoining property owners concurrent with the application for a building permit for a fence installation which is less than five (5) feet from a property line. Fences or walls shall be permitted except as prohibited in sub - paragraphs b. and d. hereof. Page 82 of 138 SECTION 3. This Ordinance shall be effective immediately upon its passage and publication. PASSED this 22 day of December 2009 by the City Council of the City of Oak Park Heights, Minnesota. CITY OF OAK PARK HEIGHTS David Beaudet, Mayor ATTEST. Eric Johnson, City Administrator 2 Page 83 of 138 This Page Is Left intentionally Blank. A Page 84 of 138 Oak Park Heights .. Request for Council Action Meeting; Date: December 22. 2000 'lime Required:­­­­ r; Minutes Agenda Item Title: Consider Amendments to Cc i0oi - REGULATION OF THE USE OF WATER AND SEWER Agenda Placement: ------- Nerv_Bus'_ls__. .. _._ Originating Department /Re esto Johnson. Citv Administrator Requester's Signature Action Requested Approv Amendments to Cc. Ord iooi. Backp-round. /Justi On (Please indicate if a>ra�_ r previous action has been taken or if other Dublic b0 have advised) At this time Staff is proposing three amendments to City Ordinance 1001 relating to the "REGULA'T'ION OF THE USE OF WATER. AND SEWER ". See the enclosed Ordinance 1001 demonstrating the actual proposed language. Rationale: 1. Edit to 1001 °02 is meant to clarify that no utility user may perform any service to the City's systems without first securing a permit from the City. This supplements current language related to installation. 2. Adding 1001 °03 1° is meant to better clarify a "look- back" period for persons who believe that their billing is in error. It will require persons who dispute their water bill do so in the short term, so as to possibly prevent a claim over a period of years. The City does have a departmental Policy on disputed bills, but does not have a particular limit on how far it will consider an adjustment. 3. Adding 1001 °07 C. is meant to bring into ordinance current practices. By this addition, it will prevent water users from simply adding; meters to get a lower total cost of water via application of the "first tier" of water cost per gallon as opposed to higher total readings to which is applied the higher "conservation" water rate. Page 85 of 138 1001 REGULATION OF TI-IF USE OF WATER AND SEWER AN ORDINANCE RELATING "f0 AND REGULATING THE USE OF WATER AND SEWER IN THE CITY OF OAK PARK HEIGHTS ESTABLISHING RULES AND REGULATIONS FOR TI- E ADMINISTRATION OF THE WATER AND SEWER SYSTEMS IN THE CITY AND MAT'T'ERS RELATING THERETO, INCLUDING ALL PROPI?RTIES, MAINS, RATES AND C1-IARGI S IN CONNECTION THEREWITH AND ESTABLISHING AN INDUSTRIAL USER STRENGTI -1 CI -IARGE IN ADDITION "f0 TIIE CHARGE BASED UPON THE VOLUME OF DISCHARGE BY AN INDUSTRIAL USER AND ESTABLISHING "TAX I11IsN AGAINST PROPERTY SERVED IN CONNECTION WITH SUCH STRENGTII CHARGE AND SEWER AND WATER RULES AND REGULATIONS AND REPEALING ORDINANCES IN CONFLICT T I -II REWITH. THE CITY COUNCIL OF T111'. CITY OF OAK PARK HEIGHTS, WASI-IINGTON COUNTY, MINNESOTA, DOES ORDAIN: 1001.01 Establishment of Department. There is hereby established a Public Utilities Division of the Department of Public Works of the City of Oak Park Heights which shall be under the supervision of the Director of Public Works. The water and sewer systems as they are now constituted or shall hereafter be enlarged or extended shall be operated and maintained under the provisions of this ordinance subject to the authority of the City Council at any time to amend, alter, change or repeal the sank. The City Council shall have responsibility for the management, maintenance, care, and operation of the sewer and water systems of the City subject to the delegation of such authority to City employees, individual Council members, or the City Clerk as the Council shall Hulce from tin to time. 1001.085 Water Conservation. To secure the conservation of municipal water as a resource for the benefit of the people of the City of Oak Park Heights, all water sprinkling and irrigation systems and practices shall be regulated to allow water sprinkling and irrigation systems to operate in the following manner: as to all properties which property address ends in an even number, those properties will be allowed to sprinkle or irrigate on even numbered calendar days. As to all properties whose property address ends in an odd number, their right to use sprinkling and irrigation systems shall be limited to calendar number days ending in odd numbers. 1 Page 86 of 138 1001.02 Aoolications. Permits and fees. No person, firm., or corporation shall matte any type of connection or oerforrn any service to the water system, sanitary sewer system or storm sewer systelhh except upon making an application therefore on a form provided by the City and receiving a permit issued by the City and for such purposes. The application shall include the legal description of the property to be served, the uses for which tlhe connection is requested, and the size of the service line to be used. At the time of making such application there shall be paid to the City Clerk fees which shall be set by the City Council from time to tune by resolution for the following purposes: A. No connection shall be made with respect to any sanitary sewer, water system or storm sewer system serving the property of any person or occupants of the land, parcel or premises affected that have not paid or provided for the payment of the full and proportionate share of the said utilities which share shall be payable as follows: 1. No connection shall be made to the City water or sewer system until the applicant or owner pays a connection charge as established by Council resolution from time to time. The connection fee shall be in addition to any fees or charges required under Subsections 2, 3, & 4. 2. For services to property to which service lines have not been previously run from the street laterals to the property line, the owner, occupant, or user shall pay into the City Treasury a service line charge, the amount of which shall not be less than the City's cost of malting the necessary connections, taps, and installation of pipe and appurtenances to provide service to the property and the necessary street repairs, provided, however, with the approval of the City, the owner or applicant shall have the right to contract directly with a registered installer for the installation and connection of the service line. 3. Prior to any connections the owner, occupant or user shall pay in cash or agree to pay charges in the form of Special Assessments to be levied against the property to be spread over a number of years coincident with the maturity requirements of any Special Improvement Bonds sold for the purpose of financing the construction of salutary sewer, municipal water or storm sewer system serving the property. Said cash payment of assessment charge shall be in the principal amount of not less than the 2 Page 87 of 138 payments made by or charges placed against comparable properties for like services for such sanitary sewer, water or storm sewer system in an amount as may be established by the City Council. Payment to the City Treasury in the form of a Special Assessment charge shall be in the form of equal annual installments together with interest on the unpaid balance, which shall be established by Council resolution. 4. The City Council may establish water, sanitary sewer and storm sewer districts and establish area charges, connection charges and lateral charges for each said district by Council resolution. B. Before proceeding with the construction, enlargement, alteration, repair of any water or sewer lines connecting the water system, sanitary sewer system or storm sewer system to any house or building, the owner or his agent shall first obtain a permit for such purposes from the municipality through its City Clerk. C. The applicant shall pay to the City Clerk a permit fee the amount of which shall be established from: time to time by Council resolution. D. The Plumbing Inspector shall examine all applications before construction is begun, and after the construction, enlargement, alteration, or repair is complete, the Plumbing Inspector shall be notified. It shall be unlawful to cover any connecting line until an inspection has been made and such connection and the work incident thereto has been approved by the City as a proper and suitable connection. 1001.215 Storm Water, Sumo Pumos, Etc. It shall be unlawful for any owner, occupant, or user of any residential or commercial premises to direct into or allow any storm water, surface water, ground water, well water, or water from residential, industrial, or commercial air conditioning systems to drain into the sanitary sewer systems of the City. No rain spout or other form of surface drainage and no foundation drainage or sump pump shall be directly connected or discharged into any sanitary sewer system. Further, no owner, occupant, or user of any residential or commercial premises shall directly pipe or install any conduit for sump pump, pool, foundation drainage, or any other surface water drainage system through the City's curbing along any City street to facilitate its entry into the City storm water drainage system. 1001.03 Water Meter Regulations. A. Before any water conveyed through the municipal water system shall be used or utilized on the land or premises of any person, firm, or 3 Page 88 of 138 corporation, there shall first be installed a water meter that will accurately measure the water consumed on the premises, except and unless such installation shall be exempted by the City. B. All applications for the installation, maintenance, and repair of water meters shall be made to the City Clerk, who shall proceed to comply with such application within a reasonable time thereafter. All meters installed shall be furnished by the City and shall remain the property of the City of Oak Park Heights. Regulations for the cost of furnishing and use of water meters shall be established by Council resolution. C. No person, firm, or corporation, other than the City of Oak Park Heights or its designee, shall install and repair any water meter within the City limits. livery water meter connected to the water system shall be scaled by or under the direction of the City Clerk or City Department of Public Works and no person, firm, or corporation shall break or remove such seal. Whenever any seal attached to a water meter by or under the direction of the City Clerk or City Department of Public Works is found broken, the broken condition of such seal was broken contrary to the terms and provisions in violation of this Ordinance. D. All water meters connected to the water system shall be accessible to the City Clerk or City Department of Public Works or designee at any reasonable hour of any business day and the refusal of admission by any owner or occupant of any premises wherein a water meter is installed after such owner or occupant has been notified that admission is desired for the purpose of inspecting a water meter installed in said premises shall constitute a violation of this Ordinance. L. Water meters shall be repaired or replaced from time to time as is necessary to insure accurate measuring of the flow of water. The cost of said repair or replacement shall be borne by the City except that whenever a meter has been damaged due to negligence on the part of persons other than the employees of the City, the owner, occupant, or user of the premises or such other person desiring the use of the water shall reimburse the City for the expense of repairing or replacing any such meter. Upon failure to reimburse the City within a reasonable time and upon demand therefor, the water service and supply to said premises may be shut off or discontinued as determined to be in the best interest of the City. F. It shall be unlawful for any person to tamper with, alter, by -pass, or in any manner whatsoever interfere with the proper use and functioning of any water meter within the City. 4 Page 89 of 138 G. If a meter fails to register or accurately measure the water, the charge for water consumed shall be paid for at the established rate based upon past average billings as determined by the City Clerk. H. Whenever a water user questions the accuracy of the meter, and desires that his meter be tested, he shall pay a fee, the amount of which shall be established from time to time by Council resolution, to have the meter tested. If the meter is accurate within a range of minus three percent (3 %) to plus one and one -half percent (1 ''/2 %), no charge will be made for testing and an adjustment on the water bill will be made for the period of time that the meter is assumed to be inaccurate, not to exceed two (2) billing periods. 1. Whenever a water user questions their computed consumption levels, the user must make such request for review within two billing periods otherwise the readim; shall be deemed-final. 1001.04 Meter Readings. A. The City Council nia) provide a system of water meter reading by postcard, meter person, or any other method deemed suitable to the purpose by Council. The Council may also establish billing areas or districts and provide for the reading of meters and billing charges by calendar quarters or monthly or such periodic intervals as the City Council shall determine suitable; and necessary from time to time by resolution; provided, however, where meter reading is done by postcard the City Council may establish a penalty for failure to return water meter reading card within the time designated on said card by Council resolution. I3. The City reserves the right to discontinue service to any customer of the water and sanitary sewer system without notice when necessary for repairs, additional connection, or reconnection. C. The City reserves the right to discontinue service to any customer of water and sanitary sewer system with notice as hereinafter provided for non- payment of charges or mills or for disregard of any rules or regulations in connection with the use or operation of said system. The service of water or sanitary sewer shall not be shut off until notice and an opportunity for a hearing have first been given to the occupant and owner of the premises involved. The notice shall be personally screed and shall state that, if payment is not made before the date stated in the notice, but not less than ten (10) days after the date upon which the notice is given, the water supply to the premises will be shut off. The notice shall also state that the 5 Page 90 of 138 occupant nay, before such elate, demand a hearing before the City Council, in which case the supply will not be shut off until after the hearing is held. If, as a result of the hearing, the City Council finds that the amount claimed owing is actually due and unpaid and that there is no legal reason why the water supply of the delinquent customer may not be shut off in accordance with this Ordinance, the City may then shut off the supply. D. Whenever any service has been discontinued for non - payment of charges or bills or for disregard of any rules or regulations in accordance with the procedures set forth above, it shall not be resumed except upon payment of the charges or bills accrued together with interest thereon, at a rate to be determined by Council resolution from time to time or compliance with the rules and regulations previously violated and payment to the City of restoration fec, the amount of which shall be set by the City Council from time to time by resolution. 1:. In the event a water or sewer bill, whether incurred prior or subsequent to the passage of this Ordinance, is unpaid after the due date as established by Council resolution from time to time, the bill shall be considered delinquent and the service may be discontinued as provided in (I3) above and the City Council may cause the charges noted in such billing to become a lien against the property served by certifying to the County Auditor the amount of said delinquent bill in accordance with the Statutes of the State of Minnesota. Such action is optional and may be subsequent to taking legal action to collect delinquent accounts. 1001.05 Liability for Repairs. After the initial connection has been made to the curb stop or the sewer lead the applicant, owner, or the occupant or user of such premises shall be liable for all repairs required to any water line or any sanitary or storm sewer lines necessary for connection of the premises to the street main, including; any repairs necessary to the curb stop box and any necessary street repairs; it shall be the responsibility of the applicant, owner, occupant or user to maintain the stop box at such height as will insure That it remains at the finished grade of the land or property A. h1 the event a water main becomes frozen, the City of Oak Park Heights will be responsible for thawing the same. The property owner shall have the sole responsibility of thawing frozen water service line from its connection to the street main into the premises. All contractors engaged in 6 Page 91 of 138 thawing water lines must comply with the provisions of Ordinance 302, Contractors Permits. No water customer shall be given a credit on a water bill for allowing water to run to prevent freezing without specific prior authorization from the Council annually. 1001.06 Implied Consent to Rules, Retulations, and Rates.. Every person applying; for water or sewer service, every owner of property for which any such application is made, every person accepting water or sewer - service, and every owner of property where such service is accepted subsequent to the passage of this Ordinance shall be deemed upon malting such application or accepting such service to consent to all rules, regulations, and rates as established by this Ordinance and as may hereafter be set forth and adopted by the City Council by resolution or ordinance. 1001.07 Billinn Renulations. A. The City Council shall have the authority to prescribe by resolution the rates to be charged for water and sewer service to the customer from time to time and may prescribe the date of billing, a discount for payment within a prescribed period, and /or penalty for failure to pay within such period and such further rules and regulations relative to the use and operation of such systems as it may decin necessary from time to time. 13. The owner shell be liable for water supplies to his property whether he is occupying the property or not and any unpaid charges shall be a lien upon the property. C Where a water user has multiple connections to the City's water systems at one location the City shall total the consumption , exemntiniz independently metered irrination connections, and apply the appropriate utility rates on said total. ( "location" bein- defined as one parcel, or . nroumnn of continuous parcels, scrvinn a common purpose and owned oil controlled by a sin-)le entity or taxpayer ), 1001.08 Emernency Renulations. A. The City Council may impose emergency regulations pertaining to the conservation of water by resolution of the City Council and by giving notice by publication or by posting in the City Mall and at such public places as the Council may direct. 7 Page 92 of 138 B. Whenever the City Council determines that a shortage of water supply threatens the City, it may, by resolution, limit the tinics and fours during which City water may be used fof sprinkling, irrigation, car washing, and other external purposes. After publication of a Notice setting forth the restrictions for use of water for said purposes or two (2) days after mailing a copy of such Notice to each customer, no person shall use or permit water to be used in violation of the resolution and any customer who does so shall be charged such sung as established by resolution for each day of violation and the charge shall be added to the customer's next water bill. Continued violation shall be cause for discontinuance of water service. 1001.09 Leak in Service Line. Any owner, occupant, or user of a premises who shall discover a leak in a service line to the premises shall notify the City Office within twenty -four (24) hours. Any water wasted due to failure of such person to comply with this regulation shall be estimated by the City Clerk and be charged for against the owner of such premises at the established rate. 1001.10 Installation of Connections. All connections to the water system and sanitary sewer system shall be performed by a registered installer licensed to do plumbing in the City of Oak Park Heights; except that nothing in this Ordinance shall be construed as to prohibit all individual owner from obtaining a permit to connect to an existing service line located totally within the owner's property and installing such connection by his own labor provided, however, that said construction is conducted under the regulations of this Ordinance and all other City Ordinances and applicable Statues of the State of Minnesota and requirements of the City Engineer and City Plumbing Inspector. 1001.11 City Not Liable. The City shall not be held liable at any time for any deficiency of failure in the supply of water to the customer whether the same be occasioned by shutting off the water for repairs or connections or for any cause whatever. 1001.12 Right to Enter Land. The City of Oak Park heights, by any authorized employee or agent, shall have the fight to enter and be admitted to any lands and property in the City at any reasonable hour for the purpose of inspection of materials, plumbing work, and fixtures of all kinds used by or in connection with the water and sewer systems. 1 001.13 Private Water not Permitted in City System. Whenever any premises are connected to the City water system, there shall be maintained a complete physical separation between the City water supply system 8 Page 93 of 138 and the private water supply system so that it is impossible to intentionally or unintentionally allow any water produced by a private system to be introduced in the supply line from the City system. 1001.14 Storm Water not Permitted in Sanitary Sewer System,. It shall be unlawful for any owner, occupant, or user of any premises to direct into or allow any storm water, surface water, ground water, well water or water from air conditioning systems to drain into the sanitary sewer system of the City of Oak Park Heights. No rain spout, or other form of surface drainage and no foundation drainage or sump pump shall be connected or discharged into any sanitary sewer. 1001.15 Delayed Connection Charge. Any owner of a residence or commercial building to which water and sewer service is or becomes available shall be sublet to an additional charge as established by Council resolution from time to time upon connection to such service if such connection is not made within the period of time which shall be established by Council resolution after such services become available. 1001.16 Prohibited Wastes into Sanitary Sewer System. A. Waste Dischar,e Regulations: No person, firm, or corporation shall discharge any waste, or cause or allow any waste to be discharged into the sanitary sewer system unless in accordance with the following regulations: 1. Treatment of Prohibited Waste. Where it is determined that any waste discharged or to be discharged has certain characteristics or elements which are or may be harmful to the structures, processes, or operation of the sanitary sewer system or persons operating it, such discharge shall be discontinued or the waste shall be treated prior to its discharge into the system in a manner which will eliminate such characteristics or elements. 2. Limitations on Dischar�.e. No person, firm, or corporation shall discharge, or cause or allow to be discharged into the sanitary sewer system any waste containing concentrations in excess of the following: Concentration Chromium (total) 25.0 mg /l Chromium (hexavalent) 10.0 mg /1 Copper 5.0 mg /1 9 Page 94 of 138 Cyanide (total) 10.0 rng /1 Cyanide (readily released at 150 degrees F and pH = 4.5) 2.0 mg /l Iron 50.0 Mg/ I Lead 0.5 mg /1 Mercury None at levels acutely toxic to humans or other plant or animal life Nickel 10.0 mg /l Zinc 15.0 nag/ l Temperature (except where higher temperatures are required by law) not over 150 Deg. F pI-I 5.5 9.5 3. Exclusion of Wastes. No person, firm, or corporation shall discharge or cause or allow to be discharged into the sanitary sewer system any waste which contains any of the following: a. More than one hundred (100) mg /l of fats, wax, grease, or oils (hexane soluble), whether emulsified or not, or containing substances which may solidify or become viscous at temperatures between 32 degrees and 150 degrees F (0 degree and 65 degrees C) at the point of discharge into the sewer system. b. Liquids, solids, or gases which by reason of their nature or quantity are or may be sufficient to cause fire or explosion or be rnlurious in any other way to the sanitary sewer system or to the operation of the system. At no time shall two (2) successive readings on an explosimeter, at the point of discharge into the sewer system, be more than five percent (5 %) nor any single reading over ten percent (10 %) of the Lower Explosive I.,imit (L.E.L.). C. Any noxious or malodorous solids, liquids, or gases, which either singly or by interaction with other wastes, are capable of creating a public nuisance or hazard to like, or 10 Page 95 of 138 are or may be sufficient to prevent entry into a sewer for its maintenance and repair. d. Any toxic substance, chemical elements, or compounds in quantities sufficient to interfere with the biological processes of efficiency of treatment works, or that will pass through a treatment works and cause the effluent therefrom or the water into which it is discharged to fail to meet applicable State or Federal Standards. C. Garbage that has not been ground or comminuted to such a degree that all particles will be carried freely in suspension under flow conditions normally prevailing in public sewers, with no particle greater than one -half inch (' /2 ") in any dimension. f. Radioactive wastes or isotopes of such half-life or concentrations that they are in noncompliance with present or future regulations issued by the appropriate authority having control over their use and which will or may cause damage or hazards to the system or personnel operating; it. g. Solid or viscous wastes which will or may cause obstruction to the flow in a sewer, or other interference with the proper operation of any disposal system. such as grease, uncomminuted garbage, animal guts or tissues, paunch manure, bones, hair hides or fleshings, entrails, whole blood, feathers, ashes, cinders, sand, spent lime, stone or marble dust, metal, glass, straw, shavings, grass clippings, rags, spent grains, spent hops, waste paper, wood, plastic, gas tar, asphalt, residues from refining or processing of fuel or lubricating oil, gasoline, naphtha, and similar substances. h. Any waste from septic tanks oi similar facilities. L Any mineral acids, waste acid pickling, or plating liquors from the pickling or plating of iron, steel, brass, copper, or chromium, or any other dissolved or solid substances which will or may endanger health or safety, or attach or corrode any part of the sanitary sewer system. 11 Page 96 of 138 j. Liquids or vapors having a temperature higher than 150 degrees F immediately prior to discharge into the sewer system. k. Phenols or other taste- or odor - producing substances in concentrations which will or may cause the effluent from the treatment works or the water into which it is discharged to fail to meet applicable State or Federal standards. 1. Materials which exert or cause: 1) Unusually high concentrations of inert suspended solids or of dissolved solids. 2) Excessive discoloration. 3) Unusually high volume of flow or concentration of' waste exceeding five (5) times the average daily concentration of flow during normal operation. Ill. Unusually high concentrations of suspended solids, BOD, COD, or chlorine requirements in such quantities as to constitute a significant load on the treatment works. IA. Any substance which is not amenable to treatment or reduction by the type of sewage treatment processes employed to a degree sufficient to permit the effluent from the treatment works and the water into which it is discharged to meet applicable State and Federal standards. 1001.17 Recitals for llstablishina Industrial User Strem,th Charge. The Metropolitan Waste Control Commission, a metropolitan commission organized and existing under the laws of the State of Minnesota, hereinafter referred to as the "Commission," in order to receive and retain grants in compliance with the Federal Water Pollution Control Act Amendments of 1972 and regulations thereunder, hereinafter referred to as the "Act," has determined to impose an industrial user sewer strength charge upon users of the Metropolitan Disposal System as defined in Minnesota Statutes, § 473.121, Subdivision 24, to recover operation and maintenance costs of treatment works attributable to the strength of the discharge of industrial waste, such sewer strength charge being in addition to the charge based upon the volume of discharge. In order for the City to pay such costs based upon strength of industrial discharge and allocated to it each year by the Commission, it is hereby found, determined, and declared to be necessary to establish sewer strength charges and a formula for the computation thereof for all industrial users receiving waste treatment services within or served by the City. Furthermore, Minnesota Statutes, §444.075, Subdivision 3, 12 Page 97 of 138 empowers the City to make such sewer charge a charge against the owner, lessee, occupant, or all of them and certify unpaid charges to the County Auditor as a tax lien against the property served. 1001.18 Establishment of Strength CliarRes. For the purpose of paying; the costs allocated to the City each year by the Commission that are based upon the strength of discharge of all industrial users receiving waste treatment services within or served by the City, there is hereby approved, adopted, and established, in addition to the sewer charge based upon the volume of discharge, a sewer charge upon each person, company, or corporation receiving waste treatment services within or served by the City based upon strength of industrial waste discharged into the sewer system of the City, hereinafter referred to as the "Strength Charge." 1001.19 Establishment of Stremth Charge Formula. For the purpose of computation of the Strength Charge established by Section 1001.18 hercof there is hereby established, approved, and adopted, in compliance with the act, the same Strength Charge formula designated in Resolution No. 76- 172, adopted by the governing body of the Commission on June 15, 1976, such formula being based upon pollution qualities and difficulty of disposal of the sewage produced through an evaluation of pollution qualities and quantities in excess of an annual average base and the proportionate costs of operation and maintenance of waste treatment services provided by the Commission. Said Metropolitan Waste Control Commission Resolution 76 -172, adopted June 15, 1976, is hereby made an attachment "n" to this Ordinance. 1001.20 Strcm,)th Charge Pavment. It is hereby approved, adopted, and established that the Strength Charge established by Section 1001.18 hereof, shall be paid by each industrial user receiving waste treatment services and subject thereto before the twentieth (20th) day next succeeding; the date of billing thereof to such user by or on behalf of the City, and such payment thereof shall be deemed to be delinquent if not so paid to the billing entity before such date. Furthermore, it is hereby established, approved, and adopted that if such payment is not paid before such date an industrial user shall pay interest, con monthly, at the rate of two - thirds of one percent (213 %) per month on the unpaid balance due. 1001.21 Establishment of Tax lien. As provided by Minnesota Statutes, § 444.975, Subdivision 3, it is hereby approved, adopted, and established that if payment of the Strength Charge established by Section 1001.18 hereof is not paid before the sixtieth (60th) day next succeeding the date of billing; thereof to the industrial user by or on behalf of the City, said delinquent sewer strength charge, plus accrued interest established 13 Page 98 of 138 pursuant to Section 1001.20 hereof, shall be deemed to be a charge against the owner, lessee, and occupant of the property served, and the City or its agent shall certify such unpaid delinquent balance to the County Auditor with taxes against the property served for collection as other taxes are collected; provided, however, that such certification shall not preclude the City or its agent from recovery of such delinquent sewer strength charge and interest thereon under any other available rernedy. 1001.215 Storm Water. Sump Pumps, Etc. It shall be unlawful for any owner, occupant, or user of any residential or commercial premises to direct into or allow any storm water, surface water, ground water, well water, or water from residential, 'industrial, or commercial air conditioning systems to drain into the sanitary sewer systems of the City. No rain spout or other form of surface drainage and no foundation drainage or SUMP pump shall be directly connected or discharged into any sanitary sewer system. Further, no owner, occupant, or user of any residential or commercial premises shall directly pipe or install any conduit for sump pump, pool, foundation drainage or other surface water drainage system through the City's curbing along any City street to facilitate its entry into the City storm water drainage system. 1001.22 Separability of Sections,. In the event any provision of this Ordinance shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision hereof. 1001.23 Penaltv Provision. Any person who shall do or commit any act that is forbidden by the provisions of this Ordinance shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a line not to exceed Seven 1lundred Dollars ($700.00) or to be imprisoned in the County Jail for a period not to exceed ninety (90) days, or both. 14 Page 99 of 138 This Page Is Left Intentionally Blank. Page 100 of 138 Oak Park Heights Request for Council Action Meeting Date: December 2.2].'.d., 2000 Time Required: io Minutes Agenda Item Title: Xcel Energ-v - MO Moel r My-Ash Site Close-Out Plan 8r 17 , unding Commitment Agenda Placement: New rt Bu, me2is ;.1 1 Vmr 'l- r Originating Department/ u or ric Johnson, Citv Administrator Requester's Sig.,-,.,, Action Requested See Belox4 Backe-round./Justific ion (Please indicate if anv Drevious action has been taken or if other - ou'blic bo iiies have advised): Moelter Site Closure Various Xcel Energy staff will be present to make a presentation regarding the history of the site and present an approximate closure plan consistent with the approved C.U.P. documentation and MPCA requirements. This will be a power-point presentation. I have enclosed a DRAT F version of the presentation, so you will have some idea of the concepts to be presented. Related to this, I have had some conversations with Plant Manager Tom Smith as well as Xcel representatives John Wetrish and Chuck Donkers about the possibility of them holding two additional community meetings and all parties indicated distinct willingness to hold such meetings, ® One to be held in early 2010 that would elaborate in more detail on the planned closure timeline and action nlanq. ® 'Fhe second to be at the actual time of closures (Sorine 2oiLil to ensure all items are finalized and neighborhood concerns are completed. The City is compiling a review of the issued permits and amendments. Generally, at this time there does not appear to be material performance defects, see S. Richards memo dated December 17, 2009 - being a PRELIMINARY REVIEW). Xcel Energy will be required to correct any discovered deficiencies prior to final closure. The City has been in communication with the MPCA (Bob Criswell) on this matter. Xcel Energy has committed to correcting any unresolved CUP conditions or requirements. Staff will be continuing to compile documentation on this matter and will inform Xcel of any items requiring attention. Funding Commitments Related to this final close-out plan and as part of a discussion initiated in 2 004, Xcel Energy is seeking to make a $612,000 contribution to the City for the purposes of park and trail development at (or adjacent to ) the Moelter My Ash site. Please see the enclosed resolution. The City may only accept contributions via resolution. Assuming the Council desires to accept these funds and pass such resolution, the City would then enter into a "license" (for lack of a better word)on how exactly the land may be used. The most important fact being that the cap cannot be disturbed w/out Xcel and possibly MPCA approval. Page 101 of 138 A.S. King Ash Disposal Facility Update Chuck Donkers Oak Park Heights December 22, 2009 0 N) 0 za, 00 2010-2011 • Construct Berra to Shield View of Active Disposal Area — Complete winter 2010 • Temporary Suspension of Landfill Activities — Spring through Fail 2010 — No ash /waste fill activities — Soil /Grass cover installed over areas not previously closed — Part of our dust mitigation plan • Partial Final Cap Installation — Construction expected to last June through Mid July 2010 — Approximately 3.5 acres will be permanently closed • Resume fill activities — Fill the remaining waste volume in the Fall of 2010 • Final Cap Construction and Landfill Closure - Begin June and complete by August 2011 v 0 Cl) 0 W 00 Landfill Retirement Final Steps • Disposal activities — Complete by December 201 • Construction of the final cover system — Complete by August 201 • Approved Closure by MPCA — Complete by October 201 0 4�. 0 za, 00 Final Cover Design 7K • Vegetative cover • Top Soil - 6 inches ;NATIVE GRASSES • Rooting Soil — 18 inches - -- - - -- TOPSOIL • Granular Drainage - = - - - -- -- - - - - -- - - - -- - -- - ° Material -12 inches ROOTING SOIL • 40 -mil synthetic barrier - -- layer 40 MIL SAND L LLDPE WELDED MEMBRANE - • Soil Buffer — as needed ASH • Ash 0 cri 0 za, 00 Xcel Energy Post Closure Responsibilities_ • Ensure post closure obligations are fulifilled - Maintenance Contracts • Maintain the final cover — Mowing, Erosion/Vegetation Repair, Security • Manage leachate — Pump Systems, Pipe Cleaning • Monitor groundwater —EMS sampling, maintenance 0 0 OD Post-Closure Land Use • Park or public open space anticipated • Park/Open space construction plans must be approved by Xcel and MPCA • Grading work cannot disturb final cover • Structures cannot penetrate final cover 0 0 za 00 License Agreement Principles • Define accepted end use • Reserve site access rights • Identify responsibilities (City/Xcel Energy) — Post closure obligations —Tree replacement — Sanitary &storm water manholes —Trail maintenance —Park maintenance and operation 0 00 0 za 00 QUESTIONS? Thank you for your continued cooperation! 0 (D 0 za, OD P F .. ''. ,I I.., ­­­.... NORTHWEST ASSOCIATED CONSULTANTS, INC. „,, , . . . . KPI 4800 Olson Memorial Highway, Suite 202, Golden Valley, MN 55 -1.22 Telephone: 763.231.2555 Facsimile: 763.231.2561 plan nersf0?nacplanning.corn r MEMORANDUM (PRELIMINARY REVIEW. TO: Eric Johnson FROM: Scott Richards DATE: December 17, 2009 RE: Oak Park Heights — A.S. King Ash Disposal Facility: Review of Files and Final Approvals FILE NO: 793.04 — 09.06 As per your request, I have reviewed the NAC files as well as the resolutions and conditional use permits can file at the City regarding the A.S. King Ash Disposal Facility. Please find as follows a brief history of the approvals and reports concerning the ash disposal facility: 1. The first mention of the ash disposal facility in NAC files is an April 6, 1979 letter from the Minnesota Pollution Control Agency to Northern States Power Company (NSP) providing the conditions for operation of the ash disposal facility (see attached). 2. In 1995, NAC was asked to provide an evaluation of the issues related to reclaiming the ash disposal site for commercial or industrial use. The memo provides some of the land use, access, utility and Comprehensive Plan issues (see attached). 3. In 1996, Northern States Power requested a conditional use permit to expand the A.S. King Ash Disposal Facility. The primary reason for the expansion was to accommodate the proposed realignment of Highway 36 and the associated ramps and frontage road for the project. As part of this request, NSP also asked for a Comprehensive Plan amendment, rezoning and vacation of roadways that had been platted within the proposed project area. There were four squad -type apartment structures and two residential homes that were removed as part of the project. The conditional use permit, vacation and rezoning were approved in November 1996. The Comprehensive Plan amendment was approved in February 1997. The City is reviewing its files for the original conditional use permit for this action. The draft by Mark Vierling has been included herein. Page 110 of 138 4. On [Larch 14, 2000, the City approved the conditional use permit for relocating the existing storage and maintenance building within the ash disposal facility. The building was a pole barn structure 30 feet by 48 feet. This conditional use permit was to expire December 31, 2005. Subsequent to this approval, NSF' requested other conditional use permit amendments related to the storage building but the applications were withdrawn. Currently, there are no buildings on site (see attached). 5. In 2006, Xcel Energy requested a conditional use permit to allow grading on the east edge of the site and construction of a post - closure access roadway to connect to the existing cul -de -sac at 58 Street. The City Council approved this conditional use permit on April 25, 2006 (see attached). 6. In July 2008, an application was made for a vertical expansion of the A.S. King Ash Disposal Facility. This request was withdrawn on December 2, 2008. CONCLUSION Eased upon the preceding review, there are a few conditions of those approvals that are relevant as Xcel proposes to complete the closure and final cap of the A.S. Ding Ash Disposal Facility. Please find the following: A. In the 1996 conditional use permit, the following conditions were included: 10. Utility Relocation. NSP shall remove and relocate all municipal and other public utilities disrupted by this project. Such relocation shall be as specified and directed by the City Engineer. 12. Incorporation by Reference. The planner's report and records to the City of Oak Park Heights dated October 16, 1996 shall be implemented in full by NSP. Said report is annexed hereto as Exhibit A and incorporated herein by reference. Notwithstanding the incorporation by reference of the planner's report, there are two (2) areas of modification that are to be noted. They are as follows: a. Condition 13 of the planner's report referenced an option that was available to the City of Oak Park Heights to have NSF' either leave the designated area by Cover Park as an open parking lot, or to landscape same. The City Council has elected to construct a parking lot in that locale. NSP shall undertake the construction of said parking lot with paved path as approved by the City Planner and City Engineer, and will coordinate the construction of same directly with the City Planner, City Engineer, and City Administrator. b. The City of Oak Park Freights has agreed to street vacation of several unused and unopened streets as otherwise designated 2 Page 111 of 138 within the planner's report. The final resolution vacating streets contains areas that differ from the planner's report, and it is the City Council resolution vacating those streets that governs, not the planner's report. B. in the March 14, 2000 approvals, the following conditions were included: 3. NSP recognizes that it contributes storm water runoff into the Perro Creek watershed area. The City is in the process of developing plans for resolving storm water management issues for this watershed. NSP acknowledges that it will use its best efforts to work with the City on these issues and contribute its fair share of any expense to be incurred by the City in implementing any storm water management solution. 7. NSP has indicated an obligation to work in good faith with the City in partnering on trail locations within the site. NSP recognizes that the City has committed to a master planning process for the site and that NSP is willing to assist in the planning process. 8. NSP recognizes that a non-conforming billboard exists on the ash landfill site. With the implementation of roadway, park, or trail improvements on the property, NSP agrees to remove the billboard. C. In the April 25, 2006 approvals, the following conditions were included: 2. Xcel shall replant and maintain trees, according to a plan approved by the City Arborist, to satisfy the City's tree replant requirements. 5. The City staff shall review the status and condition of the road entering the area at the end of the cell life and determine whether the road should be paved. If so, the applicant shall pave same or apply such other road treatments as the staff recommends. 6. At the end of the cell life, City staff shall review the status of the Cover Park parking lot previously installed by Xcel, and Xcel shall modify same to final site conditions including fill against hockey boards. The City Council should review the list of conditions that may or not be relevant to the project as Xcel prepares to close the ash disposal facility, The City should receive final plans from Xcel that show topography and landscaping of the site to verify compliance with the permit and conditional use permit approvals. 3 Page 112 of 138 RESOLUTION A RESOLUTION SUPPORTING FINANCIAL COMMITMENTS BY XCEL ENERGY TO FUND FINAL PARK IMPORVEMENTS AT THE MOLETER FLY - ASH REPOSITORY SITE Whereas, since 1971, Xcel Energy has utilized the former Moelter Gravel Pit property located at the intersections of Highway 36 and Beach Road as a landfill site for the placement of fly -ash generated at the Allan S. Icing Power plant located in Oak Park Heights (the "Moelter Site "); and, Whereas, utilizing the Moelter Site for fly -ash disposal has resulted in significant financial savings to Xcel Energy due to avoidance of transporting such material greater distances and has benefited the community through reduced transportation emissions; and Whereas, the City and citizens of Oak Park Heights have worked extensively with Xcel Energy to accommodate operations at the Moelter Site over the past three decades, including the approval of several plan amendments and site access alterations; and, Whereas, the Moelter Site is anticipated to cease disposal operations in 2010; and Whereas, in anticipation of said Moelter Site closure and in recognition of the cooperation between the City and Xcel Energy, the parties have agreed that future development of the Moelter Site after closure by Xcel Energy will include a park facility that would provide and demonstrate a viable reuse and redevelopment of the Moelter Site property and which would provide a community benefit to the residents of Oak Park Heights and also a quality demonstration site for Xcel Energy on how similar properties may benefit a local community; and Whereas, in 2004, Xcel Energy and the City expressed mutual agreement in future development of the Moelter Site, which development will be funded in part by Xcel Energy, as further set forth below. NOW, THEREFORE BE IT RESOLVED that the City Council for the City of Oak Park Heights hereby accepts $ 612,000.00 in funds from Xcel Energy pursuant to the agreements referenced above and pursuant to Xcel Energy's 2004 commitment, for reinvestment by the City into the closed Moelter Site and/or immediately adjacent parks and trails, BE IT FURTHER RESOLVED that the funds may be utilized at the direction of the City Council, subject to any governmental or regulatory requirements and be so utilized for the improvements and/or continued maintenance of park amenities Page 113 of 138 on or adjacent to the Moelter Site, including trails, park shelters, parking lots, and other related park amenities, however no improvements shall be made by the City on the Moelter Site that are in conflict with MPCA closure requirements. BE IT FURTHER RESOLVED that Xcel Energy and the City of Oak Park Heights will develop a mutually- agreeable license agreement ( "License Agreement ") that will allow the City of Oak Park Heights to utilize the Moelter Site for redevelopment of the property into a community park and recreational space. Xcel Energy and the City of Oak Park Heights shall negotiate and endeavor to execute the License Agreement within one hundred and twenty (120) days of the date of this resolution. BE IT FURTHER RESOLVED that the City of Oak Park Heights and Xcel acknowledge and agree that the terms of the License Agreement may be subject to the review and approval of the Minnesota Pollution Control Agency ( "MPCA "), which approval may require inclusion of certain terms and conditions of the MPCA or to other governmental or regulatory requirements or terms and conditions, and that Xcel Energy will work with the City to secure any necessary MPCA permits and/or other information or requirements necessary for the License Agreement. Passed by the City Council for the City of Oak Park Heights this 22 day of December, 2009. David Beaudet, Mayer Attest: Eric Johnson, City Administrator Page 114 of 138 Oak Park Heights Request for Council Action Meeting Date: December 22, 2000 Time Required: fi Minutes Agenda Item "T "itle: Consider Reauest from Pine Grove Gardens — Proposed STMT Rb Frontaae Road Location. Agenda Placement: New Businass Originating Department /Requ Eric Johnson, City Administrator Requester's Signature Action Requested See elow. Background /Justification (Please indicate if any previous action has been taken or if other Duhlic bodies have advised): The City has received the enclosed correspondence from Ruth Easton, Fine Grove Gardens Board Member dated 12- 16--09 regarding the proximity of the proposed relocation of the frontage road as part o the STH 36 reconstruction. Apparently, Mr. Todd Clarkowski from MNDOT had visited with the Pine Grove Gardens group and as a result of such meeting this group is now requesting that a meeting be held between the City, MNDOT and Pine Grove Gardens to discuss the status of this project and its elements near this development. Additional Enclosures 1. Letter from Ms. Muth Easton, Hoard Member Pine Grove Gardens to Adam Josephson, MNDOT — dated 12114/09. Page 115 of 138 December 16, 2009 Eric A. Johnson City Administrator Oak Park Heights Dear Eric: The owners at Pine Grove Gardens would like the City Counsel to consider the proposed meeting between MNDO'I', the city of Oak Park Heights and the owners of Pine Grove Gardens. 'There are issues that need to be cleared up by both parties, and concerns that the owners have that need to be address by both the City and MNDOT while in the same room.. We understand that the intersection is needed, but we have major concerns about the route that MNDOT has planned. "The owners at fine Grove Gardens hope that the City takes into consideration our conceals, and will do it best to help resolve the issues that we have with the proposed plan that is currently on the table. "Thank you; z Ruth A. Easton Pine Grove Gardens Board Member 5853 Oakgreen Ct. N. Oak Park Heights, MN 55082 651- 238 -9840 Page 116 of 138 �����,ss�s Minnesota Department of Transportation n a Metropolitan District o Waters E=dge 01PTS P 1500 West County Road E3 -2 Roseville, MN 55113 -3174 December 15, 2009 Ms. Ruth Easton 5853 Oakgreen Court North Oak Park Heights, MN 55082 Dear Ms. Easton, Enclosed please find the Drainage Permit Application we discussed at the Pine Grove Garden Association meeting on December 11, 2009. If I can be of further assistance, please call me at 651 -234 -7506 or email me at marv.mcfarlandpstate.mn.us. Sincerely, Mary McFarland Brooks An equal opportunity employer Page 117 of 138 Minnesota Department of Transportation Metropolitan District Waters Edge 1500 West County Road B -2 Roseville MN 55113 -3174 October 19, 2005 Mr. Todd Erickson, P.E. Foltz, Freeman, Erickson, Inc. 5620- Memorial Avenue North Stillwater, MN 55082 RE: Pine Grove Gardens Drainage Permit Application D -05 -11013 Water Resource Engineering Comments Dear Mr. Erickson: The Minnesota Department of Transportation (MnDOT) has received a Drainage Permit Application for the Pine Grove Gardens development located in the City of Oak Park Heights (City). The following issues need to be addressed before MnDOT can approve the Drainage Permit. 1. As you are aware, MnDOT has been working with the City on a project that involves the construction of a new bridge across the St Croix River. This project also involves the re- construction of the intersection of Oakgreen Avenue North and TH36. The location of the proposed wet pond for the Pine Grove Gardens development conflicts with the location of proposed MnDOT Right-of- Way for the configuration of the intersection of Oakgreen Avenue North and TH36, which the City has previously approved. Included is a copy of the proposed layout of the intersection for your review. The following two options are acceptable to MnDOT: a) Relocate the wet pond and any other structures for the Pine Grove Gardens development outside of the proposed MnDOT Right-of-Way boundary. b) Work with MnDOT to determine if the proposed wet pond for the re- construction of the Oakgreen Avenue North and TH36 intersection can be sized to treat both the quality and quantity of the increased runoff from the Pine Grove Gardens development and develop a cost estimate associated with this work. If the MnDOT pond can handle the increased runoff, the Pine Grove Gardens development will need to work with the City to develop some form of a cost share agreement and development plan to temporarily treat stromwater until the MuDOT pond is constructed. Once that is complete, MnDOT can develop a cost share agreement with the City. The cost share agreement is necessary so the Pine Grove Gardens development can pay for any increase to the wet pond and associated piping that is needed to treat both the quality and quantity of the increased runoff from the Pine Grove Gardens development. An equal opportunity employer Page 118 of 138 10/19/2005 Page 2 Whichever option is chosen, the following items are needed to complete the drainage review; 2. Provide existing and proposed drainage area maps that clearly show the drainage area boundaries. Make sure that they are consistent with the drainage area boundaries in HydroCAD. Also provide the time of concentration flow paths for each basin and drainage arrows for each basin. 3. Identify the drainage area for the proposed bituminous trail. If it drains to MnDOT night -of -way, indicate how the quality and quantity of the increase in runoff will be treated. 4. If the wet pond is relocated or a temporary pond is constructed, please address the following issues; a) Check that the details of the outlet structure in the HydroCAD model match the plan set. b) Provide a detail of the emergency overflow structure in the plan set. c) The plan set identifies a 10:1 bench; however, the proposed grading lines do not identify a bench. Adjust the proposed grading lines to show a 10:1 bench. Please note that this letter ONLY relates to water resource issues_ It does not address other MWDOT related concerns or issues. If you have any questions, please contact Me. S' ely, Rusty Nereng, P.E., CPESC WRE Project Manager (651) 634 -2111 CC: Eric Johnson, Administrator - City of Oak Park Heights David Filipiak, P.E. - SRF Consulting Group, INC. Rick A.rnebeck, P.E. - MnIDOT . Todd Clarkowski, P.E. - MWDOT Beth Neuendorf P.E. - MhMOT File Page 119 of 138 o� - 5 ZOOS I ,,,,,,,,, ,,,,, . .. , / .,, 1 ,,.,.....�. G �.... .. ns, ixtr i P- ameS -u: i t.os t � l o�•tNSOr9 F Distric t n , Pe,li t_�..,1r- _,�1�� MINNESOTADEPARTMEN 'I'OI''I'RANSI'OR'1'A - 1 - ION �� q C.S. /f r� /�,_ APPLICATION FOR DRAINAGE PERMIT p 4 ( OONOTCOMI 'LI;IETIi1S.SF.C'T! {'1N. F'O!1 (71 ATTACH A SKETCII OF THE PROPOSED WORK AND RELATION TO TRUNK HIGHWA Y. SUC.l1.SKETCII SIIALL BE DRA lf'A' TO SCALE l f'IIEN REQUIRED BY THE ENGINEER. PRINTORTYPEAPPLICATION, SIGN IN SPACE PROVIDED. SUBMITTOLOC ALOFI:10EOFM DEPARTMENT Or TRANSPORTATION. APPLICANT I'1:1.1:1'ItE)NE ADDRESS (Sirect, City_State. Zip) 4 L""nlux -Im"i PROPERTY OWNER T'E:LE PiIONE ADDRESS (Street, City. State, Zip) ( PARTY PERFORMING WORK fL'LEii'HON @: ADDRESS (Strict, City, Svue, Zip) afl, L �� [b y,, S 6T// LOCATION OF PROPOSED DRAINAGE WORK (CIRCLE ONE) (SPECIFIC ROAD lNTE:RSEC'17ON UR LANDMARK) Highway ' in , y H . City/Township i AS r +t ese t,,,� County � r it N - Q- r - w of .s /¢f 4 l�,Iy TYPE OF DRAINAGE Tile Outlet Opt Dit n AREA TO BE DRAINED CASING SIZE AND TYPE ; PtPF. S6, AND - I')'PE parallelIm(allation Other - 5, l,•i Acres LFCALL IMSCSCR-IMONN OF PROPERTY WORK TO START ON OR Aft- ER WORK TO BE COhIPI,FTED ON oil BEFORE, (Date) L) q • I� i (�"'� (Date) [ ( 1 f 1, Wc, the undersigned, herewith accept the terms and conditions of the permit all claims for damages, actions or causes of action arising out of the work to be done requirements of the Commissioner of Transportation and agree to fully herein, and the continuing usage, constructing, reconstructing, maintaining and using of comply therewith to the satisfaction of the Minnesota Department of said drainage facility under this application and permit for construction. Transportation. It Is agreed that uo work in connection with this application a _ will be started until the application is approved and the permit issued. It Is further understood that this permit is Issued subject to the approval of local Dated this �✓ day or 1 /iW t 20 4 city, village or borough authorities having joint supervision over said street or highway and subject to applicant's compliance with the rules and regulations of the Minnesota Environmental Quality Board aci any other affected p d Qb t� (fi a L Ad governmental agencies. By � or "Type Furthermore, except for negligent acts of the State, its agents and employees, the applicant or his agents or contractor shall assume all l iability for, and save the State, its agents and employees, harmless from, any and Signature DO NOT WRITE BELOIY TIIIS LINE JJ PERMITNOT VALID UNLESS FOR GENERAL BEARING SIGNATURE AND NUmBEK AUTHORIZATION OF PERMIT 1 I NFORi\tTiON SEE REVERSE AND RrQ IRFNIENTS F( It Is expressly understood that this permit is conditioned upon replacement or restoration of the trunk highway to its original condition or to a satisfactory condition. In consideration ofthe applicant's agreement to comply in all respects with the regulations of the Commissioner of Transportation covering such operations, permission is hereby granted for the work to be performed as described in the above application, said work to be performed in accordance with special provisions as hereby stated: ! SEE ATTACHED SPECIAL PROVISIONS Ala LIZ 4-4- k.- l— at- a ve i- 197rrd /1. /I,"IA•; � Cw c v� A94Wo �i 4 ? Date All Work To 8c Completed By AcEVrizc<1 MWOOT Siofure Date o1'Authorized Signature DISTRIBUTION DEPOSIT RQUIREMENTS DEPOSIT TYPE Original to Area Maintenance Engineer Wo Deposit Required Casltier's Check H r'crfifiwd Applicant Mposit Required io the Antotim of S O .... Check tf Money Order f! Subarea Supcn•isor Daic Deposit Received t3and rE ,,Rwdway Regulations Supervisor Deposit to he returned upon satisfactory completion of all work. Drf TF_' WORK COMPLETED (The date when the work iv romplefed musf be reparled to the local AMIDOTRoadway Regulaiiont Supervisor.) Pngc 3 oi' 3 Page 120 of 138 EXPLANATION This application form shall be used for installations of utility service connections that do not cross the trunk highway roadbeds, for miscellaneous guys and anchors, and for placing temporary obstructions on the highway fight of way. Utility applications for overhead and underground installations and extensions thereto shall be made on Form 2525 and submitted to the Utilities and Agreements Engineer, State Transportation Building for issuance. PERTINENT REGULATIONS Safety Signs, channelizing devices, warning lights, and barricades sltali be erected to protect traffic, employees, and pedestrians. All traffic control devices and radhWs shall conform to the Minnesota Manual on Uniform Traffic Control Devices (MMUTCD), Minnesota Standard Sign Manuals Parts I, II, and M and the appropriate provisions of Standard Specification 1710. 2. If work to be done lies within a municipality or platted town, permission must be obtained from such village, town, or city. 3. Excavations must be cribbed when necessary, depending upon type of soil, in order to prevent cave -ins. 4. No guys or stays or any structure are to be attached to trees on trunk highway right of way. 5. Underground construction must be so constructed as not to harm or unnecessarily destroy the root growth of speciman trees. PERTINENT REGULATIONS Roadway Installation of pipe under concrete or high type of bituminous pavements shall be done by jacking or boring or other approved methods. 2. When open trenching or excavating in existing roadways, all subgmde, base'. and surfacing materials shall be replaced with the same type and like kind of materials which were removed. 3. All backfdl must be placed in 6" or less layers and thoroughly tamped and material must be flush and even with the adjacent surface when finally in place. 4. If pavemeit or roadway Is damaged, same shall be restored to original condition. 5. All pavements shall be replaced in accordance with State specifications. 6. If settlement occurs or excavation caves in so that replaced materials settle (bituminous rnat or concrete base), same shall be restored to its original condition. 7. No pores, anchors, anchor braces, or other construction shall be placed on the roadway shoulder or within the prescribed clear zone, except by permit authorization. 8. No driving onto highway from ditch or driving on shoulders where damage wilt occur. 9. No foreign material such as dirt, gravel, or bituminous material shall be left or deposited on the road during any construction activities LIMITATIONS No lugs shall W used on equipment traversing road which will damage the road surface. 2. Roadside shall be cleaned up upon completion of all work. 3. If Department of Transportation shall matte airy improvements or change on all or any part of its right of way upon, over, under, or along the highway, then and in every case the applicant herein named shall after notice from the Commissioner of Transportation or his authorized agents proceed to alter, change, vacate, or remove from mink highway right of way said works necessary to conform with said changes without cost whatsoever to the State of Minnesom 4. Drainage on the trunk highway right of way shall be done under Form 30795 -02 available at the District/Area Maintenance office. 5. After work on a project is completed said persons doing such work must notify the Maintenance Engineer in which district the work is being performed that such work has been completed and ready for final inspection and acceptance by the ate of Minnesota. 6. Cutting and tdratning of trees within the rigbt of way and removal of restrlting stumps require prior approval of the Maintenance Engineer or his authorized representative. NOTE: Certified Cheep or Bond may be required to insure proper restorations of highway surfaces and to cover payment for any damage to higbways or State property. Additionally, arty expense incrtmod by the lV1EA nesota Department of Transportation above the posted deposit wt71 be assessed againA the applicant. In the event that the construction has not been staff tend by this date, this permit becomes null and void and deposit refwtded.' Page 121 of 138 M -D -05-11013 C.S.8214 T.H.36 Todd A. Erickson THIS PERMIT IS SUBJECT TO THE FOLLOWING CONDITIONS: The applicant, or their contractor, shall notify Mr. Jerry Och, Mn/DOT Roadway Regulation Inspector, at 651-582-1451 at least 48 hours prior to starring construction so State inspection may be arranged, and for approval of all highway materials prior to their placement. All work authorized by this permit shall meet Mn/DOT specifications. This permit authorizes the applicant to modify the drainage system on TH 36'/4 mile south of Oakgreen Ave. in the city of Oak Park Heights as shown on applicant's plan sheet(s). 1. The ponds must be constructed according to the Construction Plans developed by Foltz, Freeman, Erickson, Inc. dated x.1/15/2005. Any deviation from these plans must have prior written approval from Mn /DOT. 2. All grading within Mn /DOT ROW shall comply with all applicable Mn /DOT design standards and not decrease the flow capacity or cause ponding of the roadside drainage ditch along Oakgreen Avenue North. 3. A Mn /DOT Category 3 (Wood Fiber 2S) or equivalent erosion control blanket shall be installed according to the manufactures recommendations on the bottom of roadside drainage ditch along Oakgreen Avenue North within three days of final grading of the ditch. 4. Future Mn/DOT plans may conflict with the location of the wet pond. Future ROW acquisition will assess this property at that time. Please contact Rusty Nereng at Mn/DOT Water Resources Engineering (651 -634- 2111,) or (rustv.nerenaodot.state.mn.us) with any questions. The applicant shall provide in -house inspection at all times while working on trunk highway right of way. The applicant shall furnish, install and maintain all required traffic control devices according to the Minnesota Field Manual on Temporary Traffic Control Zone Layouts dated January 2004 (see web page @ www .dot.state.mn.us /trafficeng/), while performing the construction authorized by this permit. All persons while performing authorized work on Mn/DOT Right of Way shall be required to Page 122 of 138 M -D -05 -11013 C.S.8214 T.14.36 Todd A. Erickson wear an Mn /DOT approved High Visibility Safety Vest and Soft Cap /Hard Hat. Any authorized night work requires all personnel to wear an Mn /DOT approved full night safety suit (pants and jacket). It shall be the responsibility of the applicant to utilize the "Gopher State One Call" excavation notice system as required under Minnesota Statute Chapter 216D, 48 hours prior to performing any excavation (Phone 651- 454 -0002 Twin Cities Metro Area or Toll Free 1 -500 -252 - 1166). The applicant shall contact the owners of the in -place utilities and make all arrangements for their relocation or revisions as required due to the construction authorized by this permit. No material shall be deposited on the traveled roadway. All areas disturbed by the applicant shall be restored with a minimum of 6" of topsoil (according to Mn /DOT Standard Specification 2105 Table 1 Topsoil Borrow), then sodded or seeded. Seed or sod should be the same as /or compatible with the existing turf cover. If the areas are to be seeded, a Mn/DOT seed mixture comparable to the existing turf along with Type 1 Mulch and Disk Anchoring shall be used according to WDOT Specification 2575. All areas disturbed during construction within State right- of-way shall be restored to original or better condition. The applicant shall perpetuate all existing drainage. The applicant shall relocate and reconstruct the in -place drainage ditch along the highway as necessitated by the construction authorized by this permit. The new ditch shall match the grades and contours of the in -place drainage ditch. The applicant is required to preserve all existing survey monuments. IfMn/DOT determines that monuments have been disturbed or destroyed during construction activities, the applicant shall accept full responsibility for all costs incurred in the re- establishment of the monuments. It is expressly understood that this permit is issued subject to the applicant's compliance with the Rules and Regulations of the Minnesota Environmental Quality Board and any other affected Governmental Agencies. Page 123 of 138 M -D- 0511013 C.S.8214 T.H.36 Todd A. Erickson All work authorized by this permit and the restoration of the State's right of way shall be satisfactorily completed by 511106. The applicant or his contractor shall notify the permit office at 651 -582 -1442 for final inspection. Page 124 of 138 00 E I I S sl o Iis x <::::PINE GRO GARDEN S > l A MULTI�FAMIZY HOUSING DEVELOPMENT OAR PARK HEIGHTS, -XV W CONSTRUCTION PLANTS FOR r MMOVAIS, GRADLNG, SROSION CONTRO4 STORY. 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TRdq.T058TX 5TRE °_T O i ..... . . ...... ffiIG &UNIHal WU MUn UT mv 01 6 8 t 9 5 v f S'4 44 a 80 g z 6 N 9z -5z tz U. 17G F 1w OZ 91 61 mf n � I i � ��r . n ... . .. ....... . J IA STREET PLAN & PROFILE 0AXFAKKHMftWCWW LlC M j 1111E CROVE CMDEM 570 0MCKUN AVL M om I'm HUGMS, MH OM PAXK *MCM% WN SWU Page 128 of 138 _ r ' E i I , € 1 f `aa Y r I ' E € I =a;:K U 4 d pia i co _ . _ . ��........ r_..... —d a°D WAFA —" i � o s x N 6 +fm>QS 3Ee6K ME4 For.. Areempn, EWek.nn, 7.u. Ij a t { P 9 h — �i NNE GROVE WDEN5 5767 vL N0 vvu>Ks:uM M:whmu A7ulnsrx: r : h F �` OAY PARK MOOS. NN OAK PAILK KDOMW SSO67 Page 129 of 138 December 14, 2009 Adam Josephson MDOT East Manager Transportation Building 395 John Ireland Blvd St haul, MN 55155 Dear Sir; My name is Ruth A. Easton. I am the Board Member for the fine Grove Garden Association. I am writing to you concerning the HWY 36 St. Croix River Crossing Project. Specifically the Oakgreen intersection. We recently had Todd Clarkowski and his staff at a meeting to give the owners more information concerning this proposed project. Though the meeting was very informative the owners feel that we have been given conflicting information concerning MNDOT and the City of Oak Park Heights. The owners here at Pine Grove Gardens would like to get some of these issues cleared up and to give some feed back on the proposed project that backs up right on top of our development. In the meeting with Mr. Clarkowski it was stated that this is the finale planed route and that no changes can be made. The owners feel that we have not been considered in this at all, and feel that we are being dismissed. So we are proposing a meeting be set up between the City of Oak Park Heights, MNDOT, and the owners of Pine Grove Gardens. This will give us all a chance to clear up a lot of the concerns that surround this proposed intersection. We hope that MNDOT will make every effort to consider the concerns of the owners of Pine Gove Gardens, and the impact that this project has on our homes, and clear up any misunderstandings that have been directed toward us by MNDOT. Sin erely, Ruth A. Easton Board Member Pine Grove Gardens Association 5853 Oak green Ct. N Oak Park Heights, MN 55082 I'.r 1 .t.�_tSf l)l�t i1531.t,C)] i l cc: Eric A. Johnson City Administrator Oak Park heights cc: Kathy Saltzman State Senator cc: Julie Bunn State Representative Dis. 56 Page 130 of 138 Page 2 Pine Grove Gardens Owners Carol Heitman 5831 Oakgreen Ct N. Oak Park Heights, MN 55082 Sydney J. Bartkey 5837 Oakgreen Ct. N Oak Park Heights MN 55082 Richard and Virginia Johnson A L�?' 584' ) Oakgreen Ct. N. Oak Park Heights, MN 55082 Tom and Jan Greene 5845 Oakgreen Ct N. Oak Park Heights MN 55082 David and Kay Trent 5849 Oakgreen Ct N. j Oak Park Heights MN 55082 Hanley Daws 5851 Oakgreen Ct. N. Oak Park Heights MN 55082 John and Regina McElwain 5855 Oakgreen Ct. N. Oak Park Heights, MN 55082 Vida J. and Leighton Natt -kY 5857 Oakgreen Ct. N. Oak Park Heights MN 55082 Patricia Viers 5858 Oakgreen Ct. N. Oak Park Heights MN 55082 Anne Bernard (0 A J\- 5859 Oakgreen Ct. N Oak Park Heights, MN 55082 Page 131 of 138 Page 3 PINE GROVE GARDENS OWNERS Dwight Sedlaeck 5860 Oakgreen Ct. N Oak Park Heights, MN 55082 Dan and Nola Wayner ck- u,-- 5861 Oakgreen Ct N. Oak Park Heights MN 55082 v Brandon Skelton 5862 Oakgreen Ct. N. Oak Park Heights MN 55082 James and Sheryl Vandenberg 5863 Oakgreen Ct. N. Oak Park Heights MN 55082 A cc, -,e e Y1 Ct - IQ � ��:ti Page 132 of 138 Oak Dark Heights Request for Council Action Meeting Date: December 22. 2000 Time Required: q Minutes Agenda Item Title: Consider resolution AD an Amended Planning Commission Schedule for 2010 Agenda Placement: New Busl'ness Originating Department/ 'e s 'Tric Johnson. Citv Administrator Requester's Signature Action Requested Anove Resolution as Presented. 1 Background/Justification (Please indicate if any nreviorxs action has been taken or if other piblic bodies have advised) o - Over the course of the year, there are a few occasions when the Planning Commission meets prior to the first City Council meeting of the month and this has created some confusion on the part of developers who anticipate that the City Council would subsequently make a decision at the 1"meeting of the month as opposed to the traditional second City Council meeting. 'The enclosed resolution clarifies the date of the Planning Commission to always fall on the 'Thursday immediately after the first City Council meeting. In this fashion, the confusion would be eliminated and would allow staff ample time to process Planning Commission comments into any final language to be presented to the City Council's second meeting. The Planning Commission did desire to try this schedule for 2010. Page 133 of 138 RESOLUTION 2009-12 - CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA A RESOLUTION APPROVING THE PLANNING COMMISISON MEETING SCHEDULE FOR CALENDAR YEAR 2010 WHEREAS, Article 5, section B, Regular Meeting of the Planning Commission Bylaws grant that the regular mceting date of the Planning Commission may be changed by resolution of the City Council; and WHEREAS, the Planning Commission, at their December 10, 2009 meeting discussed their 2010 meeting schedule dates and approved the attached calendar of 2010 meetings, reflecting changes so that Planning Commission meetings will follow the first meeting of the City Council each month and to accommodate legally observed holidays, wherein the city offices are closed; and NOW, THEREFORE, BE IT RESOLVED, that the City Council ofthe City of Oak Park Heights approves and accepts the 2010 Planning Commission mceting schedule attached and made part of this resolution. Passed by the City Council of the City of Oak Park 1-Ieights this 22" day day of December, in the year 200 9. David Beaudet, Mayor Al TEST': Eric Johnson, City Administrator Page 134 of 138 2010 Planning Commission Meeting Schedule & Commission Representative to City Council Meeting January 2010 April 2010 j July 2010 October 2 010 Su Mo Tu We Th F Sa Su Mo ! Tu We Th 3 Fr Sa Su Mo Tu [ We I Th Fr I Sa Su Mo Tu We Th Fr Sa 2 3 ! 1 2 3 1 2 3 4 5 6 7 8 9 4 5 6 7 8 9 10 4 5 6 7 8 9 E 10 3 4 5 6 7 8 9 10 11 12 13 (1�, 15 116 11 12 13 14 X15' 16 17 E 11 i 12 13 1 14 d5)1 16 17 10 11 12 13 J ,' 15 16 22 23 18 19 20 21 22 23 24 18 19 120 21 22 23 24 17 18 19 20 21 22 23 17 18 19 20 21 � I i 29 30 25 26 27 28 29 30 25 26 2 i 28 29 30 31 24 25 26 27 28 29 30 I: 24 25 26 27 28 ; 31 i i I 31 Commission Rep. — Lil jegren Commission Rep. — LeRoux Commission Rep. —Bye Commission Rep. — Powell February 2010 May 2010 August 2010 N ovember 2010 Su Mo Tu I We Th Fr Sa Su '', Mo Tu We Th Fr Sa Su Mo Tu 1 We Th Fr Sa Su Mo Tu We Th Fr Sa 2 1 I 2 3 4 5 6 7 1 2 3 4 5 6 ] 3 4� 5 6 7 8 9 10 (1 ` 12 1 13 2 3 4 ! 5 6 I 7 8 8 9 10 i 11 i2)I 13 14 7 S 9 1Q 1 12 13 14 15 16 17 18 19 20 9 10 111 12 (13 14 15 15 16 17 19 19 20 21 14 15 16 117 (18) 19 20 �^ 27 21 ; 22 23 24 25 26 27 16 ( 17 18 19 20 21 , 22 22 1 23 24 25 ' 26 127 2 21 22 23 ' 24 25 -6 28 23 24 25 26 27 28 29 29 30 31 I 28 29 30 I 30 31 I i Commission Rep. — Bye Commission Rep. —Powell Commission Rep. — Wasescha Commission Rep. — Liljecrren March 2010 June 2010 September 2010 D 2010 Su Mo Tu We Th Fr I Sa Su Mo Tu We Th Fr Sa Su Mo 1 Tu I We Th Fr Sa Su Mo Tu We Th Fr Sa 1 j 2 3 4 5) 6 i l 2 3 4` 5 1 2 E 3 I 4 1 2 3 4 7 8 9 10 �1� 9 10 1 1 12 , 13 6; 7 8 9 1 (1E3; 11 1 112 5 j 6 7 8 9 10 111 5 6 7 8 14 15 16 17 18 19 20 13 14 15 16 117 18 (19 12 I 13 14 15 L6,� 17 18 12 13 14 15 (16' 17 18 21 22 23 24 25 26 27 20 121 22 E 23 24 25 26 19 20 21 22 23 24 25 19 20 21 22 23 24 25 28 29 30 31 27 28 29 I 30 26 27 28 I 29 30 26 27 28 29 30 31 Commission Rep. — aseselta Commission Rep. — ilearen Commission Rep. — LeRou� Commission Rep. — Bye w Cn 0 Schedule reflects meetings on 2 Thursday of each month except for April. July, September. November & December which are the 3' Thursday to allow for following the I" meeting of the City Council each month and City Hall closure on November 1 1 for Veteran's Day. This Page Is Left Intentionally Blank. 3.1 Page 136 of 138 Oak Park Heights Request for Council Action Meeting Date December 22, 2009 Agenda Item 2010 City Council Meeting Dates Time Req. 5 Agenda Placement New Business Originating Department /Requestor Ad .i Zinistration /Jennifer Pinski g Re Si Signature •� - -.-�- • J Action Requested Rev da tes and make any necessary changes Background /Justification (Please indicate any previous action has been taken or if other public bodies have been advised). On the back of this sheet you will find a list of' the 2010 regular meeting dates for the City Council. 'There is a conflict with the September 14 meeting; date. September 14 is the date of the Primary Election, and no public meetings may be held between 6:00 p.m. and 8.00 p.m. (Minn Stat. §204C.03, subd. 1). Page 137 of 138 2010 CITY COUNCIL REGULAR MEETING DATES January 12 January 26 February 9 February 23 March 9 March 23 April 13 April 27 May I 1 May 25 June 8 Tune 22 July 13 July 27 August 10 August 24 September 14 September 28 October 12 October 26 November 9 November 23 December 14 December 28 Page 138 of 138