HomeMy WebLinkAbout02-23-10 Council Packet C'IT'Y OF OAK PARK HEIGHTS
TUESDAY, FEBRUARY 23, 2010
CITY COUNCIL MEETING AGENDA
7:00 P.M.
7:00 p.m. I. Call to Order /Pledge of Allegiance /Approval of Auenda
Estrmaled
I1may
7:05 p.m, I1. 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. 111. 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 Icngth.)
7:15 pan. IV. Consent Agenda (Roll Call Vote:)
A. Approve Bills & Investments
B. Approve City Council Minutes - January 26, 2010 (2)
C. Adopt Proclamation Designating April 30 at Arbor Day and May as Arbor Month
(3)
I). Authorize Mayor to Sign and Mail Correspondence Regarding FCC Action (4)
L. Jorgenson Construction Inc. 8` Payment for New City Hail (5)
F. Approve 2010 Contract for Furnishing Tire Protection (6)
7:20 p.m. V. Public Hearinas
None -
7:20 p.m. VI. Old Business
A. City Hall Facility (no enclosure)
B. City Design Guideline Ordinance Update (7)
C. Emerald Ash Borer 'free Removal and Replacement Plan (8)
D. Follow -up Communication to Pine Grove Gardens (9)
E. DNR Structural Load 'Testing Permit (10)
7:40 p.m. VII. New Business
A. SCADA Flow Meter Change Order (11)
B. Green Twig LLC - Request for Financial Assistance -Tax Exempt Revenue
Bonds (12)
C. Stillwater Area Public Schools - Readiness & Emergency Management - Schools
Grant (l3)
8:00 p.m, VIII. Adiournment
Page l of 86
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Page 2 of 86
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Oak bark Heights
Request for Council Action
Meeting Date February 23, 2009
Agenda Item Recvelina_A Time Required
Agenda Placement Visitors /Public Comment
Originating Department /Requestor A"m1nistrat on /Je nnifer Pinski
Requester's Signatures
Action Requested Inforn - la, tion
Background /Justification (Please indicate any previous action has been taken or if other
public bodies have been advised).
Page 3 of 86
CITY OF
OAK PARK HEIGHTS
A No, A I lei - tx: 6511439-0574
-1168 . 1 evai 1 1�ox 'N07 0A I'm -lits. MN 550,��-2007 Phone: 051/439-4439 F,
February 4, 2010
Cathy Schewe
5687 Perkins Avenue North
Oak Park Heights, MN 55082
Dear Ms. Schewe:
Thank you for participating in the City's recycling program. As an incentive to
recycle and to increase fire prevention awareness, the City rewards two
residents each month with their choice of an award of $25.00 or a fire
extinguisher and/or smoke detector(s).
Your residence was checked on Thursday, February 4, 2010, 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.
Congratulations!
ie Pinski
Administrative Secretary/ Deputy Clerk
Tree Cif� U.S.A. Page 4 of 86
CITY OF
OAK PARIS HEIGHTS
14168 Oak Park 13oulevai'd No. P.U, 13ox 2007 ° palc Farl< lleighcs, �+7N ;;082 -2047 ° Plone: 651/439 44:3) ^Fax: 6S1 /439 -0574
February 18, 2010
Marcia Nelson
14799 Upper 56� Street N.
Oak Park Heights, MN 55082
Dear Ms, Nelson:
Thank you for participating. in the City's recycling program. As an incentive to
recycle and to increase fire prevention awareness, the City rewards two
residents each month with their choice of an award of $25.00 or a fire
extinguisher and /or smoke detector(s).
Your residence was checked on Thursday, February 18, 2010, 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.
Congratul ion !
F'
�fer Pinski
Administrative Secretary /Deputy Clerk
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Page 5 of 86
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3
Oak Park Heights
Request for Council Action
Meeting Date February 23, 2009
Agendalten Approve Citv Council Minutes — January 26. 2010 "Firne Required 0
Agenda Placement Consent
Originating Department/Requestor,_ -Administration/Jennifer Pinski
Requester's Signattire
Action Requested _APprove
Background /Justification (Please indicate any previous action has been taken or if other
public bodies have been advised).
Page 7 of 86
CITY OF OAK PARK HEIGHTS
7-00 P.M. TUESDAY, JANUARY 26, 2010
CITY COUNCIL MEETING MINUTES
1. Call to Order /Pledge of Allegiance /Approval of Agenda: The meeting was
called to order at 7:00 p.m. by Mayor Beaudet. Present: Councilmembers
Abrahamson, McComber, Runk, and Swenson. Staff present: Administrator
Johnson, Public Works Director Kegley, City Attorney Vierling, City Engineer
Long, and City Planner Richards. Absent: None.
Mayor Beaudet added "fine Grove Gardens" as Old Business Item D.
Councilmember McComber, seconded by Councilmember Swenson moved to
approve the Agenda as amended. Carried 5 -0.
IL Departinent /Council Liaison Reports:
A. Planning Commission: City Planner Richards reported that the last
Planning Commission meeting was cancelled. He stated the next meeting
was scheduled for Iebruary I 1 with a continued discussion on design
guidelines.
B. Parks Commission: Councilmember McConiber reported that the last
Parks Commission meeting was cancelled. She stated the next Parks
Commission meeting was set for February 23 at 6:30 p.m. at City Hall.
C. Cable Commission: Councilmember Swenson reported that Comeast
would be sending future correspondence regarding the digital conversion
relative to the number of boxes allowed per household.
D. Water Management Organizations /Middle St. Croix: Mayor Beaudet
reported that the next meeting of the Middle St. Croix Water Management
Organization was set for February 1 I at 7:00 p.m. at the Washington
Conservation District Office.
E. Other Liaison /Staff Reports: Councilmember McComber reported that she
attended the Red Bulls return to Stillwater. She reported there were three
more groups coming in the near future. McComber also reported she
attended the Transportation Reauthorization Outreach Tour and brought a
book back for the council to review.
III. Visitors /Public Comment:
Administrative Secretary Pinski reported that Tim Brown of 5577 Oldfield
Avenue North was chosen as the recycling award winner.
Page 8 of 86
City Council Meeting; Minutes
January 26, 2010
Page 2 of 5
IV. Consent Auenda:
A. Approve Bills & Investments
B. Approve City Council Minutes — January 12, 2010
C. Approve Spring and Pall Clean -up Dates
D. Adopt Resolution Granting the Application of Ducks Unlimited -- St.
Croix Chapter to Conduct a One Day Raffle at the VFW Club on May 6,
2010
I— Jorgenson Construction, Inc. 7 "' Payment for New City hall Project
P. Set Date and 'Time for Board of Appeal and Equalization April 13, 2010
6pm -7pm
Councilmember McComber seconded by Councilniember Swenson, moved to
approve the Consent agenda. Roll call vote taken. Carried 5 -0.
V. Public Hearings:
A. Model FloodWain Mana�,lemcnt Ordinance /NFIP: Mayor Beaudet stated
that the City was involved in the National Flood Insurance Program a
number of years ago but that the participation lapsed. He reported there
were three properties in Oak Dark heights that lie in the floodplain: Xcel
Energy King Plant, Sunnyside, and the wastewater treatment facility. City
Administrator Johnson reported that the City was provided new maps as
part of the update. He stated that if the City chose to participate, they
must adopt an Ordinance and Resolution.
Molly Shodeen from DNR Waters was present and stated there were a
couple of properties in the City which have flood insurance, but that the
coverage is only allowed if the City participates in the National blood
Insurance Program.
Councifinember McComber, seconded by Councilmember Runk, moved
to close the Public Hearing, Carried 5 -0.
VI. Old Business:
A. City Hall Facility — Award NEW LED Light Pole Installation Contract to
Lin ner Electric: Randy Engel of Buctow and Associates provided an
update on the City Hall Facility project. He stated the project was in its
ninth month, that the windows have been installed, and that the rotunda
brick was to be installed within the next two to three weeks. He stated that
the contractor thought the project would be finished mid to late April.
Engel reported that with acceleration of activities, the parking lot could be
ready to drive on prior to September 1, 2010.
Page 9 of 86
City Council Meeting Minutes
January 26, 2010
Page 3 of 5
Mayor Beaudet, seconded by Councihnember Abrahamson, moved to
approve the relocation costs and new light poles by Linner Electric with
work to be completed in the spring. Carried 4 -1, McComber opposed.
Mayor Beaudet reported that the current plan was to move existing
equipment for cable to the new building. He stated that Comeast would
soon begin to transmit everything digitally. He suggested the format in
the new building be what will be used in the future. He suggested
obtaining cost estimates to use and install a high definition system in the
new City Hall.
Mayor Beaudet, seconded by Councilrnernber Swenson, moved to direct
staff to obtain an estimate to create a digital system within City Hall.
Carried 5 -0.
B. Consider Adoption of I'loodplain Management Ordinance & Resolution to
Applv to Participate in the National Flood Insurance Program:
Councilmember Runk, seconded by Councilniember McComber, moved
to adopt the Floodplain Management Ordinance. Carried 5 -0.
Mayor Beaudet, seconded by Councilmember McComber, moved to
approve the Resolution. Roll call vote taken. Carried 5 -0.
C. DNR Structural Load Testing Permit: Adam Josephson of MnDO "f came
forward and stated that the load testing project was being conducted to
collect foundation soil testing information for the new river crossing
project. He stated the information was needed to design the foundations
for the new bridge. Josephson reported that bids were opened after all
necessary permits were received. He stated the apparent low bidder was
Carl Bolander & Sons out of St. Paul. Josephson reported there were two
project development time periods that they were under for the St. Croix
River Crossing Project: the TIGER grant application and their Chapter 152
time frame relating to transportation bond funds provided by legislature.
He reported they were planning to start the load testing project mid -March
after the ice is out.
Rich Lamb of MnDOT provided a presentation on the foundation load test
project. City Administrator Johnson questioned the noise level of the
project and the testing hours. Lamb stated that the noise would be not
more than 100 decibels within 50 feet and that the testing would most
likely be done during daytime hours. Councilmember Swenson
questioned whether the barges would affect river traffic. A representative
from MnDO'r stated it should not.
Page 10 of 86
City Council Meeting Minutes
January 26, 2010
Page 4of5
Mayor Beaudet questioned the rationale on DNR waiver of the fish -
spawning requirement. Molly Shodeen of DNR Waters came forward and
stated it was not uncommon for the DNR to waive it.
D. Pine Grove Gardens: Mayor Beaudet reported that the council held a
worksession with Pine Grove Gardens residents regarding their concerns
with the frontage road near their homes.
Mayor Beaudet, seconded by Councilmember Abrahamson, moved to
direct staff to prepare a letter to Pine Grove Gardens informing them that
the City is aware of the issue and will try to keep them apprised of
resolution. Carried 5 -0.
VII, New Business:
A. Schedule City Council/Devartment Head Retreat: Councilmember
------- - - - - -- - -
Swenson, seconded by Mayor Beaudet, moved to set the retreat for
February 24 froin 5:00 p.m. to 8:00 p.m.
Mayor Beaudet, seconded by Councilmember Swenson, moved to amend
that if the City Attorney cannot attend on that date, the City Administrator
is to set a new date to which everyone can attend. Carried 5 -0.
Main motion carried 5 -0.
B. Storm Sewer Repair Proiects — Summer 2010: Mayor Beaudet, seconded
by Councilmember McCoznber, moved to allow staff to move forward and
prepare plans and specifications, and go out to Enid with the projects as
proposed. Carried 5 -0.
C. Anticipated Capital Improvements Plan for 2010 -2014: City Administrator
Johnson reported that the Capital Improvements Plan was to be used as a
planning tool and to let him know if anything should be added or deleted.
Councilmember McComber reported that the plywood in the playground
at Brekke Park had some sharp edges and requested that maintenance be
done to smooth them out.
Mayor Beaudet, seconded by Councilmember McComber, moved to
approve the Capital Improvements Plan for 2010 -2014. Carried 5 -0.
VIIL Closed Session:
A. Washington County vs. City of Oak Park lleiRllts: City Attorney Vierling
reported that the City Council would go into a closed session pursuant to
Page 11 of 86
City Council Meeting Minutes
January 26, 2010
Page 5 of 5
Minnesota Statutes 13.D. lie reported that the closed session would be
tape recorded as required by Statute.
Mayor Beaudet, seconded by Councilmember McComber, called for a
recess to the closed session at 8:12 p.m.
Mayor Beaudet reconvened the regular session at 8:37 p.m. City Attorney
Vierling reported there were no motions taken, and the City Attorney and
council discussed strategy and direction.
IX. Adioui•ninent:
Councilmember McComber, seconded by Councilmember Runk, moved to
adjourn at 8:38 p.m. Carried 5 -0.
Respectfully submitted, Approved as to Content and Dorm,
Jennifer Pinski David Beaudet
Administrative Secretary /Deputy Clerk Mayor
Page 12 of 86
Oak ]dark Heights
Request for Council Action
Meeting Date February 23, 2010
Agenda Item A&Dt Proclamation Desianatin) Anril 23 at Arbor Dav and Mav as Arbor Month
Time Req. 0
Agenda Placement Consent
Originating Department /Requestol Arborist Kathy Widin ___
Requester's Signature
Action Requested — - _Adopt Proclamatio
Background/Justification (Please indicate any previous action has been taken or if other public
bodies have been advised).
See attached.
Page 13 of 86
CITY OF OAK PARK HEIGHTS
PROCLAMATION
j
1 WHEREAS: Minnesota is home to many of our nation's natural resources, foremost
among there are our beautiful and abundant forests; and
WHEREAS: Trees are an increasingly vital resource in Minnesota today, enriching our
Iives by purifying the air, conserving soil, water and energy, creating jobs
through a large forest products industry, serving as recreational settings,
i providing habitat for wildlife of all Finds, and creating beautiful
E landscapes to nuke our communities more livable; and
E
I
WHEREAS: 1 lurnan activities such as construction damage, pollution and neglect, as
well as climatic extremes, disease and insects threaten our trees, creating
the need for concerted action to ensure the future of community and rural
forests in our state and throughout the country; and
I
WHEREAS: Each individual can act locally to improve the environment by planting
trees and ensuring that these trees are protected and receive proper
maintenance in the years ahead; and
WHEREAS: Each year on the last Friday in the month of April and throughout the
month of May, the people of Minnesota pay special tribute to the vital
natural resource that our trees represent and dedicate themselves to the
continued vitality of our state's community and rural forests;
NOW, THEREFORE I David Beaudet, Mayor of the City of Oak Park Heights, do
hereby proclaim April 30, 2010 to be
ARBOR DAY
and the month of May, 201.0 to be ARBOR MONTH in Oak Park Heights, Minnesota.
Signed this 23rd day of February, 2010
f David Beaudet, Mayor
Tree City U.S.A.
Page 14 of 86
Oak Park heights
Request for Council Action
Meeting bate February 23, 2010
Agenda Itern Authorize Mayor to Sign and Mail Correspondence Regarding FCC Action
Time Reel. _0
Agenda Placement Consent
Originating Department /Recluestor Administration /Eric .tohnson
Requester's Signature
Action Requested Authorization
Background/Justification (Please indicate any previous action has been taken or if othe)• public
bodies have been advised).
See attached.
Page 15 of 86
3 �; ; ° P ,7 II I'� a i F o 7L • 1(\ ,. -' - .?I)I ',
s 31{ (];l 1'.![i; <ttt \;i- ve'l1)ruary '3', ;'I
Senator Kathy Saltzman
75 Rev. Dr, Martin Luther King Jr. Blvd.
Capitol Building, Room 306
St, Paul, MN 55155 -1606
Re: FCC Action Threatens Local Budgets And Offers No Guarantee of Consumer
Benefit in Return
Dear Senator Saltzman:
As you know. the Federal Communications Commission will be submitting the National
Broadband Plan ( "NBP ") on March 17, 2010.
Recently, we've become aware that sore communications companies are urging the FCC, as
part of the NI3P or in parallel proceedings, to adopt a federal standard for compensation for use
of public property and a federal standard for permitting pursuant to Section 253 of the
'Felecommunications Act of 1996. Instead of allowing localities to collect a fair market rent
based on a percentage of g> oss reve��ues, the FCC is being urged to declare fees for use of
municipal and state property unlawful unless they are related to costs. The effect would be to
render unlawful fees established by state statute, established by negotiation, or established using
n ethods commonly used in private markets, thus immediately eliminating hundreds of millions,
if not billions, from state and local budgets, while burdening states and localities with the cost of
complying with a new federal program.
I write to ask your leadership in communicating to the Federal Communications Commission
that the NBP ii ust not be used as a vehicle to take revenue from local government budgets,
especially when there is no reason to expect that this action will result in additional broadband
deployment, or benefit consumers in any way. States and localities play an important role in
ensuring that high -speed broadband is available to police and firefighters for public safety
purposes, and is also available to the most vulnerable sectors of the community through libraries
and community centers. The likely effect of the action the Commission is being urged to take:
will reduce funding available for these services, negatively impacting public safety and resulting
in a reduction in broadband availability.
I.,ike other local government leaders, I appreciate the invaluable role that broadband can play in
enhancing educational opportunities, promoting business and community economic
development, improving health care delivery, assisting in. achieving energy efficiency goals, and
generally contributing to improving the quality of community life.
But what is required is a model that respects our federal system, not an ill - conceived, centrally
managed, federal transfer of police power authority from local and state governments to the
FCC. When Congress adopted Section 253 in 1996, it made it very clear that the FCC was not to
K fee C' E.y t.T.SAa Page 16 of 86
set the rents that could be charged for use of public property, nor was it to supplant traditional
state and local police powers by setting up national permitting standards. That wise choice has
been honored by Democratic and Republican administrations. Ally departure from this
arrangement would be troubling in and of itself. But for the FCC to take an action that would
endanger local and state budgets in these economic times could very well result in cutbacks of
critical municipal services and jobs is the exact opposite of what is required now. Such cuts, at
this time could result in police officers, firefighters, and teachers losing their jobs — and our
communities losing their essential services.
My fellow local government officials and I look forward to working with Congress and the FCC.
to develop means to ensure that this nation is served by a broadband infrastructure that is second
to none. However, hurting already distressed state and local budgets is not the way to achieve
that goal. We need your immediate leadership to ensure that the FCC does not take any action
that would cause further harm in these difficult economic times.
Sincerely,
David Beaudet
Mayor
Page 17 of 86
CITY OF
0 -'ARK HEIGHTS
AK I
1 - }1! 5 Uttl< 1'ar[. €�crtal v.irc! \cr. a I'.C). {; r ''(lU'i x €' r' :;ittti \t1
:i.iE }ti;'.:?f)[)'i I'hr ate: (>>Ii•!3')- I•;:i} n I tt�: (,:rl •I:i' (1!il =}
Iiruary`��' i
Representative Julie Bunn
521 State Office Building
100 Rev. Dr. Martin Luther King Jr. Blvd,
St. Paul, MN 55155
Re: FCC Action Threatens Local Budgets And Offers No Guarantee of Consumer
Benefit in Return
Dear Representative Bunn:
As you know, the Federal Communications Commission will be submitting the National
Broadband Plan ( "NBP ") on March 17, 2010.
Recently, we've become aware that some communications companies are urging the FCC, as
part of the N131 or in parallel proceedings, to adopt a federal standard for compensation for use
of public property, and a federal standard for permitting pursuant to Section 253 of the
Telecommunications Act of 1996. Instead of allowing localities to collect a fair market Vent
based on a percentage of gross revenues, the FCC is being urged to declare fees for use of
municipal and state property unlawful unless they are related to costs. The effect would be to
render unlawful fees established by state statute, established by negotiation, or established using
methods commonly used in private markets, thus immediately eliminating hundreds of millions,
If not billions, from state and local budgets, while burdening states and localities with the cost of
complying with a new federal program.
I write to ask your leadership in communicating to the Federal Communications Commission
that the NB1 must not be used as a vehicle to take revenue from local government budgets,
especially when there is no reason to expect that this action will result in additional broadband
deployment, or benefit consumers in any way. States and localities play an important role in
ensuring that high -speed broadband is available to police and firefighters for public safety
purposes, and is also available to the most vulnerable sectors of the community through libraries
and community centers. The likely effect of the action the Commission is being urged to take
will reduce funding available for these services, negatively impacting public safety and resulting
in a redi(ction in broadband availability.
Like other local government leaders, I appreciate; the invaluable role that broadband can play in
enhancing educational opportunities, promoting business and community economic
development, improving health care delivery, assisting in achieving energy efficiency goals, and
generally contributing to improving the quality of community life.
But what is required is a model that respects our federal system, not an ill- conceived, centrally
managed, federal transfer of police power authority from local and state governments to the
FCC. When Congress adopted Section 253 in 1996, it made it very clear that the FCC was not to
Tree C ity ty U.&A. Page 18 of 86
set the rents that could be charged for use of public property, nor was it to supplant traditional
state and local police powers by setting up national permitting standards. That wise choice has
been honored by Democratic and Republican administrations. Any departure from this
arrangement would be troubling; in and of itself. But for the FCC to take an action that would
endanger local and state budgets in these economic times could very well result in cutbacks of
critical municipal services and jobs is the exact opposite of what is required now. Such cuts, at
this time could result in police officers, firefighters, and teachers losing their _jobs — and our
communities losing their essential services.
My fellow local government officials and I look forward to working with Congress and the FCC
to develop means to ensure that this nation is served by a broadband infrastructure that is second
to none, however, hurting already distressed state and local budgets is not the way to achieve
that goal. We need your immediate leadership to ensure that the FCC does not take any action
that would cause further harm in these difficult economic times.
Sincerely,
David Beaudet
Mayor
Page 19 of 86
CITY OF
M OAK PARK I
s :. ruary 2 l 0
t� }ia5 Oa;; P�iak l;t3t31t•v,u'cl :' \i�. € ling 1(llli O;th €'arl< I1rlt,lttti, \1\ S:S(18?- >E }! }% I'hukit: G,`i /- #,�`)-- 1<:i'} ° I'<ix: f,Slr!'�y- (f.'a'11
J ''`I��~✓sident .toe I3iden
The White I louse
1600 Pennsylvania Avenue NW
Washington, DC 20501
Re: FCC Action Threatens Local Budgets And Offers No Guarantee of Consumer Benefit
in Return
Dear Mr. Vice President:
First, let me thank you for the great leadership you and President Obama have demonstrated in
leading the nation out of the economic abyss in which we found ourselves in the recent past. As the
President explained in his State of the Union address, with one in ten Americans out of work, the
nation is not yet where we want it to be, but your leadership is making a difference.
I write to ask your leadership in communicating to the Federal Communications Commission that it
should not be taking actions now that endanger local government budgets. The IiCC is being asked
by some companies to establish federal standards that limit compensation for use of any public
property by communications companies, and to invalidate any fee — even Ices based on state statute,
negotiation or the fair market value of the property -- inconsistent with the new standard. The
immediate effect of any such action (which is being considered as part of the National Iroadband
Plan and in a parallel proceeding involving Level 3) could force many local governments to make
additional cuts in budgets that have already been slashed, resulting in further employee layoffs.
I.,ike other local government leaders, I appreciate the invaluable role that broadband can play in
enhancing educational opportunities, promoting business and community economic development,
improving health care delivery, assisting in achieving energy efficiency goals, and generally
contributing to improving; the quality of community life. We understand that some at the itCC.
believe that by reducing costs, companies will be encouraged to deploy more broadband, but in fact,
there is no guarantee that subsidizing providers will result in any significant benefits to subscribers,
especially because the FCC is not proposing to tie the subsidies to any public obligations (indeed
the cutbacks would undoubtedly reduce funds available that local governments currently use to
provide broadband services to schools, to libraries and to other institutions).
Moreover, you, better than anyone in your role as point for the Administration's stimulus efforts,
understand that any local government revenue loss in these economic times will likely result: in
cutbacks of critical municipal services and jobs - -- the exact jobs your stimulus efforts have sought to
save. Any action that would limit local authority to manage local rights -of -way and /or negatively
impact local budgets must be avoided in these tough economic times.
My fellow local government officials and I look forward to working with you and the FCC on these
vitally important issues. Still, we need your leadership to protect our jobs in these difficult
economic times.
Sincerely,
Tree City U.S.A. Page 20 of 86
:ra
;
Oak Park Heights
Request for Council Action
Meeting Date February 23, 2010
Agenda Item Title Jorgenson Construction Inc. 8th Pavment for New Citv Hall
Proiect
Agenda Placement Consent
Originating Department / Requester Finance - Judv Holst, Deputy Clerk/Finance
Director
Requester's Signature
Action Requested Approve 8th pavment request to Jorgenson Construction Inc. for
the new Citv Hall Proiect
Background /,Justification (Please indicate any previous action, financial
implications including budget information and recommendations).
See attached memo and pay request.
Page 21 of 86
&A IN IPA so 1 re-1
r r
Memo 'flfry � fi
0.
To: Mayor and Council
From: Judy Holst, Deputy Clerk/Finance Director
:Date: February 18, 2010
Re: New City Hall Project
Please accept for the February 23`" Council meeting agenda the attached
request for payment to Jorgenson Construction Inc. in the amount of
$603,630.00 for the Oak Park Heights City Hall project. The payment has
been approved by the architect, administration and reviewed by the Finance
Department. The project is 61 % complete. The Finance Department
recommends approval of this payment upon receipt of the lien waiver.
Thank You
Page 22 of 86
APPLICATION AND CERTIFICATE FOR PAYMENT (AIA DOCUMENT G702)
--- ---------- ------- - - - - -. ----- .-- -----
OUST: CITY OF OAK PARIS HEIGHTS JOB:OAK PARK HEIGHTS CITY HALL APPLICATION NO: 8 Page: l
14168 OAK PARK BLVD NORTH 14168 OATS PARK BLVD NORTH PERIOD ENDING : 01/31/10
OAK PARK HEIGHTS, MN 55482
OAK PARK HEIGHTS, MN 55082
FROM: JORGENSON CONSTRUCTION INC. ARCIIXTECT:BUETOW & ASSOCIATES CONTRACT N0:
9255 EAST RIVER ROAD NW 2345 RICE STREET, SUITE 210 CONTRACT DATE: 04/15/09
COON RAPIDS, MN 55433 -5722 ROSEVILLE MN 55113
JOB DESCRIPTION: GENERAL CONSTRUCTION OF CITY HALL
CHANGE ORDERS I
--------------- -------------------------------------- - I
1 I ADDITIONS I DEDUCTIONS I ORIGINAL CONTRACT AMOUNT .... ................. ......... $ 6,358,500.00
1 } I I TOTAL CHANGE ORDER AMOUNT ............................ $ 37,435.00
PREVIOUS TOTAL 1 37,435.00 1 .00 I TOTAL CONTRACT INCLUDING CHANGE ORDERS ............... $ 6,395,935.00
----- ----------- -- ---- ----- - - - - - I
----- CURRENT-- --- I I I AMOUNT COMPLETED & STORED TO DATE. ................... $ 3,692,600.00
---------------------- RETAINAGE - 5.00W OF WORK COMPLETED................ $ 194,630.04
I Number Date I I i 5.001 OF STORED MATERIAL
1 ------------- ----- - - - - -I I I COMPLETED TO DATE LESS RETAINAGE..................... $ 3,697,970.00
I I i i
I 1 I PREVIOUS AMOUNT BILLED ....................... ........ $ 3,094,340.00
CURRENT AMOUNT DUE .... ............................... $ 1503,630.00
I I I BALANCE TO FINISH, INCLUDING RETAINAGE ............... $ 2,697,965.00
I I I I
-----------------------------------------------------
I TOTALS TO DATE 1 37,435.00 1 .00 1
I- ------------ --- --------------------------- -- --- - - - - -
1 NET AMOUNT 1 37,435.00 1
The undersigned Contractor certifies that to the best of State of: Minnesota County of: Anoka
the Contractor's knowledge, information and belief the Subscribed and sworn to before me this 4th day
Work covered by the Application for Payment has been com- of Februa ry , 2010.
pleted in accordance with the Contract Documents, that all
amounts have been paid by the Contractor for Work for Notary Public: C/�7rL j
which previous Certificates for Payment were issued and
payments received from the Owner, and that current payment My Commission expires: January 31, 2015
9 wwwvvw shown herein is now due.
CONE CTO RGENSON CONSTRUCTION INC. FURAN • MINNESOTA ms Jan. 31, 2015
By DATE: 02/04/10
-- - - - - -" ---- - _-----..-------------------...-----'---------------_..-------------_-------------------------------------------
ARCHITECT'S CERT FICATE FOR PAYMENT AMOUNT CERTIFIED ............................. $ �� C] �G• 4 --
In accordance with the Contract Documents, based on on -site (Attach explanation if amount certified differs from the amount
observations and the data comprising the above application, applied for)
the Architect certifies to the Owner that to the best of the / v
Architect's knowledge, information and belief the Work has ARCHITECT: ri Sl,� � 5;�C(rscspt �Q
progressed as indicated, the quality of the Work is in F3
accordance with the Contract Documents, and the Contractor By; Date: 2— +�
L entitled to payment of the AMOUNT CERTIFIED. This Certifica a is not n otiable. The AMOUNT CERTIFIED is payable
only to the Cc tractor named herein, Issuance, payment and accep-
tance of payment are without prejudice to any rights of the Owner or
Contractor under this Contract.
Page 23 of 86
As 0f:02 /04/10 On:02/04/10 (JS.9) Time: 07:50 Pago: l
JORGENSON CONSTRUCTION INC.
+* Job Billing Adjustment Journal **
Appl Period Period -- original Invoice— - - Adjusted Invoice- -
Job No Name Customer Plumber from Thru Gross Amount Retainage Gross Amount Retainage
4770 OAK PARK HEIGHTS CITY HALL OAKPAR B 01/01/10 01/31/10 603,300.00 30,165.00 635,400.00 31,770.00
Page 24 of 86
Job Number: 4770 OAK PARK HEIGHTS CITY HALL Application No.: 8 Period From: 01/01/10 Page Number 2
Project 8 : Invoice Number : 16522 Thru: 01/31/10
- -- -WORK COMPLETED---- COMPLETED
ITEM SCHEDULED PREVIOUS THIS STORED AND STORED BALANCE
NUMBER DESCRIPTION OF WORK VALUE APPLICATION PERIOD MATERIALS TO DATE $ TO FINISH RETAINAGE
- - --- ----------------------------,......._.....»--------- ------------ _- ....-- --.... --------- --- - -- -------------------------.---
01 BONDS /INSURANCE /LICENSE /NPDES 68,000.00 68,000.00 .00 .00 68,000.00 100 .00 3,400.00
02 MOBILIZATION 5,000.00 5,000.00 .00 .00 5,000.00 100 .00 250.00
03 SURVEYING 10,500.00 5,885.00 .00 100 5,885.00 56 4,615,00 294.25
04 SUPERVISION 125,000.00 70,000.00 10,000.00 .00 80,000.00 64 45,000.00 4,000.00
05 CONSTRUCTION DUMPSTERS 58,000.00 2,850.00 3,500.00 .00 6,350.00 35 11,650.00 317.50
06 CONSTRUCTION CLEANUP 5,500.00 1,250.00 250.00 100 1,500.00 27 4,000.00 75.00
07 FINAL CLEANING 6,500.00 .00 .00 .00 .00 0 6,500.00 .00
08 SAFETY 6,000.00 2,625.00 375,00 .00 3,000.00 50 3,000.00 150.00
09 CONSTRUCTION SIGNAGE 2,500.00 1,500,00 .00 .00 1,500.00 60 1,000.00 75.00
10 CONSTRUCTION /MOBILE PHONES 3,000.00 1,295.00 185.00 .00 1,480.00 49 1,520.00 74.00
11 CONSTRUCTION /STORAGE TRAILERS 4,500.00 1,960.00 280.00 .00 2,240.00 50 2,260.00 112.00
12 CONSTRUCTION TOILET 4,000.00 1,750.00 250.00 ,00 2,000.00 50 2,000.00 100.00
13 CONSTRUCTION FENCE 15,000.00 9,000.00 .RO .00 9,000.00 60 6,000.00 450.00
14 TOOLS /FASTENERS /EQUIPMENT 3,500.00 1,500,00 250.00 .00 1,750.00 50 1,750.00 87.50
15 RENTAL EQUIPMENT 5,000.00 1,500.00 500.00 .00 2,000.00 40 3,000.00 100.00
16 TEMPORARY ENCLOSURES 4,000.00 2,000.00 .00 .00 2,000.00 50 2,000.00 100.00
17 TEMPORARY ELECTRIC 6,000.00 2,625.00 375.00 100 3,000.00 50 3,000.00 150.00
18 TEMPORARY HEAT 38,000.00 8,000.00 8,000.00 .00 16,000.09 42 22,000.00 800.00
19 STREET CLEANING /SNOW REMOVAL 3,500.00 1,500.00 250.00 .00 1,750.00 50 1,750.00 87,50
20 SELECTIVE DEMOLITION 15,000.00 5,500.00 4,000.00 .00 9,500,00 63 5,500,00 475.00
21 SITE CLEAR /EXC /DRNTILE /EROSION 190,815.00 152,871,00 .00 .00 151,871.00 80 38,944.00 7,593.55
22 CONTROL /SIT.E UTIL. /AGG BASE .00 .00 .00 .00 .00 0 .00 .00
23 ASPHALT PAVING /STRIPE /WHL STOP 73,802.00 2,000.00 .00 .00 2,000.00 3 71,802.00 100.00
24 CURB & GUTTER 23,607.00 .00 .00 .00 .00 0 23,607.00 .00
25 EXTERIOR SIGNS 2,701.00 .00 .00 .00 .00 0 2,701.00 .00
26 RETAINING WALL 47,225.00 47,225.00 .00 .00 47,225.00 100 .00 2,361.25
27 IRRIGATION 6,920.00 .00 .00 .00 .00 0 6,920.00 .00
28 LANDSCAPING 35,800.00 .00 .00 .00 .00 0 35,800.00 .UO
29 PLASTIC FENCES /GATES 43,682.00 .00 .00 .00 ,00 0 43,682,00 .00
30 CONCRETE /MASONRY REINFORCE14 NT 36,023.00 36,023.00 .00 .00 36,023.00 100 .00 1,801.15
31 CONCRETE FOOTINGS 39,341.00 39,341,00 .00 .00 39,341.00 100 .00 1,967.05
32 CONCRETE FOUNDATIONS 164,752,00 164,752.00 .00 .00 164,752.00 100 .00 8,237.60
33 CONCRETE FX.00RS /TOPPINGS 83,862.00 69,383.00 .00 .00 69,383.00 83 14,479.00 3,469.15
34 CONCRETE - SITE 27,709.00 D0 .00 .00 .00 0 27,709.00 .00
35 PRECAST PLANK 105,520.00 105,520.00 .00 .00 105,520.00 100 100 5,276.00
36 MASONRY /GLASS MASON /CAST STONE 747,137,00 608,323.00 .00 .00 608,323.00 81 138,814.00 30,416.15
37 STEEL JOIST /DECK /MISC- MATERIAL 178,750.00 159,676.00 .00 .00 159,676.00 89 19,074.00 7,983.80
38 STEEL JOIST /DECK /MISC - ERECTION 59,000.00 51,840.00 5,470.00 .00 57,310.00 97 1,690.00 2,865.50
39 ROUGH CARPENTRY /SHEATHING 55,000.00 20,000.00 25,000.00 100 45,000.00 82 10,000.00 2,250.00
40 CASEWORK /SOLID SURFACE /FRP -M 95,868.00 .00 5,500.00 .00 5,500.00 6 90,368.00 275.00
41 CASEWORK /SOLID SURFACE /FRP -L 24,000.00 .00 .00 .00 .00 0 24,000.00 .00
42 FLUID APPLIED VAPOR BARRIER 23,340.00 23,340.00 .00 100 23,340.00 100 .00 1,167.00
43 WATERPROOFING 25,260.00 25,260.00 .00 .00 25,260.00 100 .00 1,263.00
44 SPRAYED INSULATION 15,200.00 15,200.00 ,00 .00 15,200.00 100 100 760.00
45 METAL ROOF PANELS /NAIL. INSUL. 165,057.00 103,240.00 .00 .00 103,240.00 63 61,817.00 5,162.00
46 BUILT -UP ROOF /SHEET MTL FLASH 108,813.00 .00 62,010.00 .00 62,010.00 51 46,803,00 3,100.50
47 FIRESTOPPING 4,400.00 .00 2,500.00 ,00 2,500.00 57 1,900.00 125.00
48 JOINT SEALANTS 15,100.00 11,772.00 .00 .00 11,772.00 78 3,328.00 588.60
49 HM FRMS /DRS /WOOD DRS /HDW -M 113,750.00 21,300.00 17,140.00 100 38,440.00 34 75,310.00 1,922.00
50 HM FRMS /DRS /WOOD DRS /HDW-L 39,125,00 1,000.00 2,500.00 .00 3,500.00 9 35,625.00 175.00
51 ACCESS DOORS & FRAMES 1,000.00 1,000.00 .00 .00 1,000.00 100 .00 50.00
52 COILING WOOD DOOR 9,984.00 .00 .00 .00 .00 0 9,984.00 .00
53 SECTIONAL DOORS 23,218.00 .00 .00 .00 .00 0 23,218.00 .00
54 WOOD WINDOWS 59,500.00 59,500.00 .00 .00 59,500.00 100 .00 2,975.00
55 ALUM CRTNWALL /WNDWS /SKYLTS /GLZ 284,466,00 7,050.00 96,550.00 .00 103,600.00 36 180,866.00 5,180.00
56 AUTO DOOR OPERATORS 3,345.00 .00 .00 .00 .00 0 3 -P.6 25 of 86 , 00
Job Number: 4770 OAR PARR HEIGHTS CITY HALL Application No.: 8 Period From: 01/01/10 Page Number 3
Project # : Invoice Number ; 16522 Thru: 01/31/10
- -- -WORK COMPLETED - - -- COMPLETED
ITEM SCHEDULED PREVIOUS THIS STORED AND STORED BALANCE
NUMBER DESCRIPTION OF WORK VALUE APPLICATION PERIOD MATERIALS TO DATE 9 TO FINISH RETAINAGE
_______ -57 GYPSUM DRYWALL /PLASTERING 177,537.00 68,188.00 35,863.00 .00 104,071.00 59 73,466.00 5,203.55
58 CERAMIC TILE 16,200,00 .00 .00 .00 .00 0 16,200.00 .00
59 ACOUSTICAL & WOOD CEILINGS 52,670.00 .00 .00 .00 .00 0 52,670.00 .00
60 RESILIENT FLOORING /CARPET 77,995.00 .00 62,025.00 .00 52,025.00 80 15,970.00 3,101,25 _
61 PAINTING /STAINING /WALLCOVERING 66,250.00 .00 .00 .00 .00 0 66,250.00 .00
62 FABRIC WRAPPED PANELS 7,665.00 .00 .00 .00 .00 0 7,665.00 .00
63 VISUAL DISPLAY SURFACES 7,000.00 .00 .00 .00 .00 0 7,000.00 .00
64 SIGNAGE 6,162.00 .00 .00 .00 .00 0 6,162.00 .00
65 TOILET COMPARTMENTS 2,831.00 .00 .00 .00 .00 0 2,831.00 .00
66 WALL /CORNER GUARDS 1,000.00 ,00 750.00 .00 750.00 75 250.00 37.50
67 TOILET ACCESSORIES 10,517.00 .00 .00 .00 .00 0 10,517.00 .00
68 FIRE EXTINGUISHERS 3,704.00 .00 .00 .00 .00 0 3,704.00 .00
69 METAL LOCKERS 2,850.00 .00 .00 .00 .00 0 2,850.00 .00
70 POSTAL SPECIALTIES 1,214.00 .00 .00 .00 .00 0 1,214.00 .00
71 STORAGE ASSEMBLIES 18,066.00 .00 .00 .00 .00 0 38,066.00 .00
72 EXTERIOR SUN CONTROL DEVICES 12,500.00 .00 .00 .00 .00 0 12,500.00 .00
73 CANOPIES 12,500.00 .00 .00 .00 .00 0 12,500.00 .00
74 FLAGPOLES 2,200.00 .00 .00 .00 .00 0 2,200.00 .00
75 PROJECTION SCREENS 2,815.00 .00 .00 .00 .00 0 2,815.00 .00
76 DETENTION EQUIPMENT 26,667.00 .00 .00 .00 .00 0 26,667.00 .00
77 EXHIBIT EQUIPMENT 6,000.00 .00 .00 .00 .00 0 6,000.00 .00
70 WALL & CORNER PADS 5,885.00 .00 .00 .00 .00 0 5,885.00 .00
79 HORIZONTAL LOUVER BLINDS 4,000.00 .00 ,00 .00 .00 0 4,000.00 .00
80 ENTRANCE FLOOR GRILLES 3,850.00 3,500.00 .00 .00 3,500.00 91 350.00 175.00
81 HYDRAULIC ELEVATORS 54,899.00 3,500.00 .00 .00 3,500.00 6 51,399.00 175.00
82 MECHANICAL - PLUMBING & PIPING 603,000.00 305,656.00 50,000.00 .00 355,656.00 59 247,344.00 17,782.80
83 MECHANICAL -HVAC -TEMP CONTROLS 405,000.00 224,297.00 84,233.00 .00 300,530.00 76 96,470.00 15,426.50
84 GEOTHERMAL GROUND LOOP 185,500.00 67,467.00 25,000.00 .00 92,467.00 50 93,033.00 4,623.35
85 FIRE PROTECTION 56,532.00 33,840.00 10,000.00 .00 43,840.00 78 12,692.00 2,192.00
86 ELECTRICAL- GENERAL CONDITIONS 72,000.00 64,500.00 2,500.00 .00 67,000.00 93 5,000.00 3,350.00
87 ELECTRICAL - FIXTURES & LAMPS 255,000.00 16,000.00 20,000.00 .00 36,000.00 14 219,000.00 1,800.00
88 ELECTRICAL -GEAR & FUSES 77,000.00 29,000.00 47,000.00 .00 76,000.00 99 1,000.00 3,800.00
89 ELECTRICAL - EMERGENCY GENERATOR 87,300.00 87,300.00 .00 .00 87,300.00 100 100 4,365.00
90 ELECTRICAL - BRANCH CIRCUITS 358,860.00 293,500.00 25,000.00 .00 318,500,00 69 40,360.00 15,925.00
91 ELECTRICAL - LIGHTNING PROTECT. 10,000.00 5,000.00 .00 .00 5,000.00 50 5,000.00 250.00
92 LOW VOLTAGE 171,000.00 .00 .00 ,00 .00 0 171,000.00 .00
93 PROFIT /OVERHEAD 212,759.00 108,560.00 19,225.00 .00 127,785.00 60 84,974.00 6,389,25
CO #1 MISC. CHANGES 37,435.00 28,536.00 8,099.00 .00 37,435.00 100 100 1,871.75
J o b T o t a l s 6395935.00 3257200.00 635,400.00 .00 3892600.00 61 2503335.00 194630.00
Page 26 of 86
Oak Park Heights
Request for Council Action
Meeting; Date February 23, 2010
Time Required: 1 minute
Agenda Item 'Title: M 2010 Contract for Furnishing Fire Protection—____.-
Agenda Placement Consent Agenda
Originating lepartment /ltequesor Irc Johnson, City Administrator
Requester's Signature
Action Requested Annrove ARreeme;nt for
Background /Justification (Please indicate if any previous action has been taken or if other public
bodies have advised):
Staff recommends the approval the 2010 Fire Protection and Rescue Services
Agreement for $158,826 This amount is a $11,354 increase from 2009, a 7.7 percent
increase. Since 2003, the average annual increase is approximately 7.8 percent.
YEAR Amount
2010 158,826
2009 147,472
2008 134,995
2007 125,539
2006 120,995
2005 117,990
2004 118,183
2003 95,280
Page 27 of 86
CITY OF BAYPOR'I'
r.
294 NORTH THIRD STREET
V3 BAYPORT, MINNESOTA 55003
PRONE 651- 275 -4404 FAx 651- 275 -4411
February 2, 2010
Eric Johnson
City of Oak Park Heights
P. O. Box 2007
Oak Park Heights, Minnesota 55042
Dear Eric:
Please find enclosed two agreements between the City of BaYport and the City of
Oak Park Heights for 2010 Fire Protection and Rescue Services. The Bayport City
Council approved the contract at their February 1, 2010 nneeting.
Please sign both agreements, keep one for Oak Park Heights, and return one fully
executed contract to me.
Should you have any concerns or questions regarding the contract, please contact
nee at 651- 275 -4404.
Sincerely,
Wanda Madsen
Finance Officer
Enc.
Page 28 of 86
CITY OF OAK PARK HEIGHTS AND CITY OF BAYPORT
2010 CONTRACT FOR FURNISHING FIRE PROTECTION
THIS AGREEMENT, by and between the City of Bayport, hereinafter termed "Bayport,"
f
and the City of Oak Park Heights, hereinafter termed "Oak Park Heights," made this day
of , 2010.
In consideration of the premises, it is mutually agreed upon by the parties hereto as follows:
I . Upon request, Bayport agrees to furnish the same fire equipment, personnel in
fighting fares, and medical rescue services within the City limits of Oak Park Heights as Bayport
would use in fighting its own fires, or providing medical rescue services, for a period of one (1)
year from and after February 28, 2010.
2. The cost to Oak Park heights for this service shall be One Hundred Fifty Eight
Thousand, Eight Hundred Twenty Six Dollars ($158,826.00) for the one -year period of this
contract, payable in four (4) equal payments in January, April, July, and October.
3. Bayport shall not be liable for any non - willful act on the part of any of its
employees in failing to perform any of the terms and conditions required to be performed, nor for
any decisions of judgment on the part of any of its employees in failing; to carry out the strict
terms of this Agreement.
4. Bayport, or its agents, officers and employees shall not be liable to any person or
entity for costs, damages, expenses or other liability arising from the providing of Emergency
Response Services with regard to any hazardous substances, pollutant or contaminant, including;
any costs associated with the contaminant removal or remedial action relating; to any hazardous
substance, pollutant or contaminant.
5. This Agreement may be renewed from year to year upon terms agreeable to both
parties and upon acceptable thereof by formal action of each party.
6. This Agreement shall terminate February 28, 2011.
CITY OF BAYPOR`I'
Attest:
Its City Administrator Its Mayor
CITY OF OAK PARK HEIGHTS
Attest:
Its City Administrator Its Mayor
1-:1Comnon1201 U Piles\Firc Dep cone tTire contracts 201 O.cloc Page 29 of 86
This Page Is Left Intentionally Blank.
,I
i
Page 30 of 86
1
Oak Park Heights
Request for Council Action
Meeting Date: February 2Rr
Time Required: mi nutes
Agenda Item Title: Citv Dosian Guidelines Ordinance Update
Agenda Placement: Old Business
Originating Department /Requestor Uric: Johnson, City Administrator
Requester's
Action Requested Discussion and Possible Approvw of Ordinance Revisions.
Background - /Justificatio (Please indicate if any vrevious action has been taken
®r if other pblic bodies have advised)
Please see the attached documentation from Scott Richards:
* Scott Richards Memo dated 2 -17 -10
Planning Commission Rc.conin) ending Resolution
® City Ordinance Adoption Resolutiotl
® final Ordinance Showing Edits & Clean Versiotl
Page 31 of 86
1 AI NORTHWEST ASSOCIATED CONSULTANTS, INC.
.8 y �.
Y
< 4 -800 Olson Memorial Highway, Suite 202, Golden Valley, MN 55422
Telephone: 763.231 .2555 Facsimile: 763.231 ,2561 planners@nacplannirig.com
MEMORANDUM
TO: Eric Johnson
FROM: Scott Richards
DATE: February 17, 2010
RE Oak Park Heights — Design Guidelines Update: Planning
Commission Recommendation
FILE NO 798.04 09.05
The Planning Commission, at their February 11, 2010 meeting, voted unanimously to
recommend the draft Design Guidelines and the revisions to Section 401.15.C,8 which
makes the Zoning Ordinance and new Design Guidelines language compatible. The
amendments to Section 401.15,C.8 also include new design standards for single and
multiple family construction that had not been previously included in the Zoning
Ordinance.
Prior to the Planning Commission meeting, the City Council and Planning Commission
held a workshop to review the changes to the Design Guidelines and Zoning Ordinance.
Both the City Council and Planning Commission were satisfied with the final revisions to
the Design Guidelines, but discussed further the draft language of the Zoning Ordinance
amendments (see stricken and highlighted copy). The revisions have been made to
Section 401.15.C,8 and are included herein, reflecting the final Planning Commission
recommendations.
Also, please find attached a recommending resolution of the Planning Commission and
ordinances for the City Council to adopt the new Design Guidelines and the
amendments to Section 401.15.C.8 of the Zoning Ordinance.
Page 32 of 86
A RECOMMENDING RESOLUTION
OF THE
PLANNING COMMISSION
CITY OF OAK PARK HEIGHTS
WASHINGTON COUNTY, MINNESOTA
A RESOLUTION ESTABLISHING FINDINGS OF FACT AND
RECOMMENDING TO THE CITY COUNCIL THAT THE
REVISED DESIGN GUIDELINES AND AMENDMENTS
TO SECTION 401.15.0.8 OF THE ZONING ORDINANCE
BE APPROVED WITH CONDITIONS
WHEREAS, the Planning Commission of the City of Oak Park I- leigbts has
drafted revised Design Guidelines for commercial properties in the I3, I3usiness Districts; 1,
Industrial Districts; and the P -1, Public Institutional District; has proposed changes to Section
401.15.0.8 of the Zoning Ordinance to make the Design Guidelines and Zoning Ordinance
compatible; and proposed new design standards for single and multiple family construction in
Section 401.15.C.8 of the Zoning Ordinance; and after having conducted a public hearing
relative thereto, the Planning Commission of Oak Park I- leigbts makes the following findings of
fact:
1. The Design Guidelines for the City of Oak Park I- 1eights were last updated
in 1998; and
2. The City has recognized a need to develop revised Design Guidelines that
more appropriately address the architectural, site design, and sustainable design elements found
in current construction and site planning; and
3. The Planning Commission, in updating the Design Guidelines, has
recognized a need to make the Design Guidelines compatible with the building type and
construction standards found in Section 401.15.C.8 of the Zoning Ordinance; and
4. 'I'he Planning Commission has also recognized a need to develop new
standards for single and multiple family construction that had not been previously included in the
Zoning Ordinance, and
5. The Planning Commission discussed the Design Guidelines and Zoning
Ordinance amendments at their August 13, 2009 and February 11, 2010 workshops with the City
Council; at their September 10, 2009 meeting; and at public hearings on October 8, 2009,
November 12, 2009, and December 10, 2009; and
6. The Planning Commission held a final public hearing at their February 11,
2010 meeting, took comments from the applicants and public, closed the public hearing, and
made the following recommendation:
Page 33 of 86
NOW, THEREFORE, I31!< IT RESOLVED BY THE PLANNING
COMMISSION FOR THE CITY OF OAK PARK HEIGHTS THAT THE PLANNING
COMMISSION RECOMMENDS THE FOLLOWING:
A. The Planning Commission of the City of Oak Park Heights has drafted revised Design
Guidelines for commercial properties in the B, Business Districts; I, Industrial Districts;
and the P -1, Public Institutional District; has proposed changes to Section 401.15.0.8 of
the Zoning Ordinance to make the Design Guidelines and Zoning Ordinance compatible;
and proposed new design standards for single and multiple family construction in Section
401.15.C.8 of the Zoning Ordinance.
Be and the same as hereby recommended to the City Council of the City of Oak Park Heights for
approval.
Recommended by the Planning Commission of the City of Oak Park heights this I I"' day
of Itebruary 2010.
_...... -- -... ----- - ----------
.......
Warren Wasescha, Chair
ATTI ST:
I?ric A. Johnson, City Administrator
2
Page 34 of 86
ORDINANCE NO. 2010 -
CITY OF OAK PARK HEIGHTS
WASHINGTON COUNTY, MINNESOTA
AN ORDINANCE ADOPTING THE OAK PARK HEIGHTS DESIGN GUIDELINES
THE CITY COUNCIL OF THE CITY OF OAK PARK HEIGHTS, MINNESOTA
ORDAINS:
SECTION 1. The City Council of the City of Oak Park Heights hereby repeals in its
entirety the 1998 Design Guidelines.
SECTION 2. The City Council of the City of Oak Park Heights hereby adopts the 2010
Design Guidelines, found as Attachment A to this Ordinance.
SECTION 3. This Ordinance shall be effective immediately upon its passage and
publication.
PASSED this 23 day of February 2010 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
Page 35 of 86
A,
PROPOSED OAK PARK HEIGHTS ZONING ORDINANCE
SECTION 401.15.C.8
February 15, 2010
8. Building Type and Construction.
a. General Provisions for Residential and Commercial Zoning Districts:
1) Compatibility. Buildings in all zoning districts shall maintain a high
standard of architectural and aesthetic compatibility with
surrounding properties. Compatibility means that the exterior
appearance of the building, including design, architectural style,
quality of exterior building materials, and roof type and pitch are
complementary with surrounding properties.
2) Maintenance. All buildings in the City shall be maintained so as not
to adversely impact the community's public health, safety, and
general welfare or violate the provisions of the Nuisance or
Hazardous Building provisions of the Oak Park Heights Code of
Ordinances.
3) Exterior Building Finishes.
a) The primary exterior building facade finishes for residential
uses shall consist of materials comparable in grade to the
following;
(1) Brick.
(2) Stone (natural or artificial).
(3) Integral colored split face (rock face) concrete block.
(4) Wood, natural or composite, provided the surfaces
are finished for exterior use or wood of proven
exterior durability is used, such as cedar, redwood or
cypress.
(5) Stucco (natural or artificial).
(6) High quality and ecoloaically sustainable grades of
vinyl steel and aluminum. Vinvl shall be a solid
colored plastic siding material.
(7) Fiber cement board.
(8) Exterior insulation and finish systems.
(9) Energy generation panels and devices affixed to a
roof or wall. If not in use, the panels or devices
should be removed and building surface restored to
the original condition.
b) The exterior architectural elements and finishes for all
buildings in the business zoning districts shall be subject to
I Page 36 of 86
Section 401.16 of this Ordinance known as the Design
Guidelines.
c) All accessory buildings to residential dwelling units and non-
residential uses shall be constructed with a design and
materials consistent with the general character of the
principal structure on the lot as specified in Section 401.15.D
of this Ordinance.
4) Metal Building Finishes. No g,aiv- anized --or unfinished steel or
unfinished aluminum buildings shall be permitted in any zoning
district. Nigh quality, non - corrosive steel, aluminum, or other
finished metal shall be allowed for walls or roofs. All structures in
the business districts shall comply with Section 401.16 of this
Ordinance known as the Design Guidelines.
5) Prohibited Materials and Structures.
a) Pole buildings and quonset structures.
b) Wood or metal poles as a principal structural support where
such supports are not affixed to a floor slab but inserted
directly into the ground to achieve alignment and bearing
capacity.
b. Single Family and Multiple Family Containing Up to Five (5) Units to
Include 1-nGWding -All New Construction - and --1 er- iaGdeling:
1) Entrances. Primary entrances on principal structures shall face the
primary abutting public or private street or be linked to that street by
a clearly defined and visible walkway or courtyard. Additional
secondary entrances may be oriented to a secondary street or
parking area. Primary entries shall be clearly visible and
identifiable from the street, and delineated with elements such as
roof overhangs, recessed entries, landscaping, or similar design
featu res.
2) New Construction and 'remodeling. New construction axed
re4iiodefiag —shall relate to the design of surrounding trad+tioaal
buildings, where these are present. Design features such as
similar setbacks, scale, facade divisions, roof lines, rhythm and
proportions of openings, building materials and colors are possible
design techniques, while allowing desirable architecture innovation,
variation, and visual interest. All sides of buildings shall use the
same building materials and other architectural treatments as
principal facades.
3) Window and Door Openings. For principal residential buildings,
above grade window and door openings shall comprise at least
2 Page 37 of 86
fifteen (15) percent of the total area of exterior walls (excluding the
area of garage doors) facing a public /private street or sidewalk. In
addition, for new principal residential buildings, above grade
window and door openings shall comprise at least ten (10) percent
of the total area of all exterior walls.
4) Garage Doors /Street Facing Building Facade. Public or private
Sstreet facing garage doors shall be allowed to voiect no more
than resesed— at-4east four (4) feet bel ind- -- from the front or side
facades of the ground floor living area portion of the dwelling or a
covered porch (measuring at least eight (8) feet by eight (8) feet).
5) Garage Doors /Building Design for Attached or Detached Garages.
Garage doors may be located on another side of the dwelling ( "side
or rear loaded ") provided that the side of the garage facing the front
public or private street has windows and other architectural details
that mimic the features of the living portion of the dwelling.
6) Garage Doors /Building Frontage. Garage doors shall not comprise
more than fifty -five (55) percent of the ground floor public or private
street facing linear building frontage. Alleys and corner lots are
exempt from this standard.
7) Garage Door Height. Except in the rear yard, garage doors facing
a public or private street shall be no more than nine (9) feet in
height.
C. Multiple Family Containing Six (6) Units or More For New Construction
and-Re modefing
1) Mass and Scale
a) Each multiple family building containing six (6) or more
dwelling units shall feature a variety of massing proportions,
wall plane proportions, roof proportions and other
characteristics similar in scale to those of single family
detached dwelling units, so that such larger buildings can be
aesthetically integrated into a lower density neighborhood.
The following specific standards shall also apply to such
multiple family dwellings:
(1) Roofs. Each multiple family building will feature a
combination of primary and secondary roofs. Primary
roofs will be articulated by at least one (1) of the
following elements:
(a) Changes in plane and elevation.
(b) Dormers, gables or clerestories.
3 Page 38 of 86
(c) Transitions to secondary roofs over entrances,
garages, porches, bay windows.
(2) Facades and Walls. Each multiple family dwelling
shall be articulated with projections, recesses,
covered doorways, balconies, covered box or bay
windows or other similar features, dividing large
facades and walls into human scaled proportions
similar to the adjacent single family dwellings, and
shall not have repetitive, monotonous,
undifferentiated wall planes.
b) Each multiple family building shall feature walls that are
articulated by at least two (2) of the following elements within
every thirty (30) foot length of the facade:
(1) Recesses, projections or significant offsets in the wall
plane of at least four (4) feet.
(2) Distinct individualized entrances with functional
porches or patios,
(3) Chimneys made of masonry, or other contrasting
material that projects from the wall plan.
(4) Balconies.
(5) Covered bay or box windows.
c) Variation Among Repeated Buildings. For any development
containing at least twenty -four (24) and not more than forty -
eight (48) dwelling units, there will be at least two (2)
distinctly different building designs. For any such
development containing more than forty-eight (48) dwelling
units, there will be at least three (3) distinctly different
building designs. For all developments, there will be no
more than two (2) similar buildings placed next to each other
along a street or major walkway spine.
d) Distinctly different building designs shall provide significant
variation in footprint size and shape, architectural elevations
and entrance features, within a coordinated overall theme of
roof forms, massing proportions and other characteristics.
To meet this standard, such variation shall not consist solely
of different combinations of the same building features.
2) Multiple Family Detached Garages:
4 Page 39 of 86
a) Garages. No public or private street facing facade shall
contain more than two (2) garage bays.
b) Perimeter Garages.
(1) Length. Any garage located with its rear wall along
the perimeter of the property and within sixty -five (65)
feet of a public right -of -way or the property line of the
development site will not exceed fifty -five (55) feet in
length. A minimum of eight (8) feet of landscaping
must be provided between any two (2) such perimeter
garages.
(2) Articulation. No rear garage wall that faces a public
or private street or adjacent development shall
exceed thirty (30) feet in length without including at
least one (1) of the following in at least two (2)
locations:
(a) Change in wall plane of at least two (2) feet;
(b) Change in material or siding pattern;
(c) Change in roof plane;
(d) Windows;
(e) Doorways;
(f) An equivalent vertical element that subdivides
the wall into proportions related to human scale
and/or the internal diversions within the
building.
C) All Garages.
(1) Access Doors. Access doorways will be provided as
reasonably necessary to allow direct access to living
units without requiring people to walk around the
garage to access their living units.
(2) Articulation. At a minimum, a vertical trim detail that
subdivides the overall siding pattern will be provided
at intervals not to exceed two (2) internal parking
stalls (approximately twenty (20) to twenty -four (24)
feet).
5 Page 40 of 86
ORDINANCE NO. 2010 -
CITY OF OAK PARK HEIGHTS
WASHINGTON COUNTY, MINNESOTA
AN ORDINANCE AMENDING SECTION 401.15.C.8 (BUILDING TYPE AND
CONSTRUCTION) OF THE OAK PARK HEIGHTS ZONING ORDINANCE TO MAKE
THE DESIGN GUIDELINES COMPATIBLE WITH THE ZONING ORDINANCE
AND TO INCLUDE NEW DESIGN STANDARDS FOR SINGLE AND MULTIPLE
FAMILY CONSTRUCTION
THE CITY COUNCIL OF THE CITY OF OAK PARK HEIGHTS, MINNESOTA
ORDAINS:
SECTION 1. Section 401.15.C.8, Building Type and Construction of the Zoning
Ordinance is hereby amended to read as follows:
8. Building Type and Construction.
a. General Provisions for Residential and Commercial Zoning Districts:
1) Compatibility. Buildings in all zoning districts shall maintain a high
standard of architectural and aesthetic compatibility with
surrounding properties. Compatibility means that the exterior
appearance of the building, including design, architectural style,
quality of exterior building materials, and roof type and pitch are
complementary with surrounding properties.
2) Maintenance. All buildings in the City shall be maintained so as not
to adversely impact the community's public health, safety, and
general welfare or violate the provisions of the Nuisance or
Hazardous Building provisions of the Oak Park Heights Code of
Ordinances.
3) Exterior Building Finishes.
a) The primary exterior building facade finishes for residential
uses shall consist of materials comparable in grade to the
following:
(1) Brick.
(2) Stone (natural or artificial).
(3) Integral colored split face (rock face) concrete block.
(4) Wood, natural or composite, provided the surfaces
are finished for exterior use or wood of proven
1 Page 41 of 86
exterior durability is used, such as cedar, redwood or
cypress.
(5) Stucco (natural or artificial).
(6) High quality and ecologically sustainable grades of
vinyl, steel and aluminum. Vinyl shall be a solid
colored plastic siding material.
(7) Fiber cement board.
(8) Exterior insulation and finish systems.
(9) Energy generation panels and devices affixed to a
roof or wall. If not in use, the panels or devices
should be removed and building surface restored to
the original condition.
b) The exterior architectural elements and finishes for all
buildings in the business zoning districts shall be subject to
Section 401.16 of this Ordinance known as the Design
Guidelines.
c) All accessory buildings to residential dwelling units and non-
residential uses shall be constructed with a design and
materials consistent with the general character of the
principal structure on the lot as specified in Section 401.15.D
of this Ordinance.
4) Metal Building Finishes. No unfinished steel or unfinished
aluminum buildings shall be permitted in any zoning district. High
quality, non - corrosive steel, aluminum, or other finished metal shall
be allowed for walls or roofs. All structures in the business districts
shall comply with Section 401.16 of this Ordinance known as the
Design Guidelines.
5) Prohibited Materials and Structures.
a) Pole buildings and quonset structures.
b) Wood or metal poles as a principal structural support where
such supports are not affixed to a floor slab but inserted
directly into the ground to achieve alignment and bearing
capacity.
b. Single Family and Multiple Family Containing Up to Five (5) Units to
Include All New Construction:
1) Entrances. Primary entrances on principal structures shall face the
primary abutting public or private street or be linked to that street by
a clearly defined and visible walkway or courtyard. Additional
secondary entrances may be oriented to a secondary street or
parking area. Primary entries shall be clearly visible and
identifiable from the street, and delineated with elements such as
2 Page 42 of 86
roof overhangs, recessed entries, landscaping, or similar design
features.
2) New Construction. New construction shall relate to the design of
surrounding buildings, where these are present. Design features
such as similar setbacks, scale, facade divisions, roof lines, rhythm
and proportions of openings, building materials and colors are
possible design techniques, while allowing desirable architecture
innovation, variation, and visual interest. All sides of buildings shall
use the same building materials and other architectural treatments
as principal facades.
3) Window and Door Openings. For principal residential buildings,
above grade window and door openings shall comprise at least
fifteen (15) percent of the total area of exterior walls (excluding the
area of garage doors) facing a public /private street or sidewalk. In
addition, for new principal residential buildings, above grade
window and door openings shall comprise at least ten (10) percent
of the total area of all exterior walls.
4) Garage Doors /Street Facing Building Facade. Public or private
street facing garage doors shall be allowed to project no more than
four (4) feet from the front or side facades of the ground floor living
area portion of the dwelling or a covered porch (measuring at least
eight (8) feet by eight (8) feet).
5) Garage Doors/Building Design for Attached or Detached Garages.
Garage doors may be located on another side of the dwelling ( "side
or rear loaded ") provided that the side of the garage facing the front
public or private street has windows and other architectural details
that mimic the features of the living portion of the dwelling.
6) Garage Doors/Building Frontage. Garage doors shall not comprise
more than fifty -five (55) percent of the ground floor public or private
street facing linear building frontage. Alleys and corner lots are
exempt from this standard.
7) Garage Door Height. Except in the rear yard, garage doors facing
a public or private street shall be no more than nine (9) feet in
height.
C. Multiple Family Containing Six (6) Units or More For New Construction:
1) Mass and Scale
a) Each multiple family building containing six (6) or more
dwelling units shall feature a variety of massing proportions,
wall plane proportions, roof proportions and other
characteristics similar in scale to those of single family
3 Page 43 of 86
detached dwelling units, so that such larger buildings can be
aesthetically integrated into a lower density neighborhood.
The following specific standards shall also apply to such
multiple family dwellings:
(1) Roofs. Each multiple family building will feature a
combination of primary and secondary roofs. Primary
roofs will be articulated by at least one (1) of the
following elements:
(a) Changes in plane and elevation.
(b) Dormers, gables or clerestories.
(c) Transitions to secondary roofs over entrances,
garages, porches, bay windows.
(2) Facades and Walls. Each multiple family dwelling
shall be articulated with projections, recesses,
covered doorways, balconies, covered box or bay
windows or other similar features, dividing large
facades and walls into human scaled proportions
similar to the adjacent single family dwellings, and
shall not have repetitive, monotonous,
undifferentiated wall planes.
b) Each multiple family building shall feature walls that are
articulated by at least two (2) of the following elements within
every thirty (30) foot length of the facade:
(1) Recesses, projections or significant offsets in the wall
plane of at least four (4) feet.
(2) Distinct individualized entrances with functional
porches or patios.
(3) Chimneys made of masonry, or other contrasting
material that projects from the wall plan.
(4) Balconies.
(5) Covered bay or box windows.
c) Variation Among Repeated Buildings. For any development
containing at least twenty -four (24) and not more than forty -
eight (48) dwelling units, there will be at least two (2)
distinctly different building designs. For any such
development containing more than forty -eight (48) dwelling
units, there will be at least three (3) distinctly different
4 Page 44 of 86
building designs. For all developments, there will be no
more than two (2) similar buildings placed next to each other
along a street or major walkway spine.
d) Distinctly different building designs shall provide significant
variation in footprint size and shape, architectural elevations
and entrance features, within a coordinated overall theme of
roof forms, massing proportions and other characteristics.
To meet this standard, such variation shall not consist solely
of different combinations of the same building features.
2) Multiple Family Detached Garages:
a) Garages. No public or private street facing facade shall
contain more than two (2) garage bays.
b) Perimeter Garages.
(1) Length. Any garage located with its rear wall along
the perimeter of the property and within sixty -five (65)
feet of a public right -of -way or the property line of the
development site will not exceed fifty -five (55) feet in
length. A minimum of eight (S) feet of landscaping
must be provided between any two (2) such perimeter
garages.
(2) Articulation. No rear garage wall that faces a public
or private street or adjacent development shall
exceed thirty (30) feet in length without including at
least one (1) of the following in at least two (2)
locations:
(a) Change in wall plane of at least two (2) feet;
(b) Change in material or siding pattern;
(c) Change in roof plane;
(d) Windows;
(e) Doorways;
(f) An equivalent vertical element that subdivides
the wall into proportions related to human scale
and/or the internal diversions within the
building,
5 Page 45 of 86
C) All Garages.
(1) Access Doors. Access doorways will be provided as
reasonably necessary to allow direct access to living
units without requiring people to walk around the
garage to access their living units.
(2) Articulation. At a minimum, a vertical trim detail that
subdivides the overall siding pattern will be provided
at intervals not to exceed two (2) internal parking
stalls (approximately twenty (20) to twenty -four (24)
feet).
SECTION 2. This Ordinance shall be effective immediately upon its passage and
publication.
PASSED this 23 day of February 2010 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
6
Page 46 of 86
�m� �we
.��"���xu��^n���uu�� ,
Request for K���������Don
Meeting Date: Fehcuurvcm"\2niu
Time Required lo Minutes
Agenda Item Title: Emerald Ash Borer Removul and Replacement Plan
Agenda Placement: -.--.Old BusiD ess
Requester's Signature ��- --~^----------------�'--
Action Requested belo
Backaroun d/Justifica (Please indicate if any previous action has been
or if other Public bodies have advise
Dr, Kathy Widin will be present to review the materials that will be presented to the public at the Feb 25
public informational meeting about EAB. Enclosures include e copy of the letter went to residents vvheno adjacent
ash trees are hobnremoved as well as a list of the specific tree defects. The goal is to remove trees that are
already distress or are in poor condition.
A|so, she has indicated that the bids naooimad from St. Croix Tnaa Service were favorable for removal and
replacement nf the 00 trees oa planned. The City |y able to add an additional 4O trees sd this price ($427 per tree
=$17.O80)ifitsn desired - the City must address 70U+/' total ash trees.
The City did budget an additional $20.000 for the EAB contingency, as the securing of the grant from the Dept of
Ag Was unknown, thus some additional funds are available in the City's Tree Removal and Planting Budget for
2010,
Page 47o,ao
r
City Of
,- Oak Park Heights
14168 Oak Park Blvd. N . Box 2007 o Oak Park Heights, MN 55082 o Phone (659) 439 -4439 e Fax ( 651) 439 - 0574
February 17, 2010
Dear
The emerald ash borer (EAB) is a very serious insect pest of ash trees. A native of Asia,
this insect was discovered in Michigan in 2002. Since that time, EAB has killed millions of
ash trees in the states of Michigan, Indiana, and Ohio and has now been found in 13
other states and Canadian provinces, including here in Minnesota. In May 2009, EAB
was found on ash trees in St. Paul. It has not yet been found in Washington County, but
communities should prepare for its arrival. There is no natural resistance to this pest in
green, white, or black ash. All infested trees will eventually die, similar to dutch elm
disease. While, there are insecticide treatments which will protect trees for a year or
two, these treatments must be repeated at a cost of $200-/- per year and is not a long-
term solution for trees in the public right of way. Only high value landscape ash in good
condition should be treated.
Ash trees represent 40 percent (700) of the trees in boulevard and active park areas
within Oak Park Heights. Having to remove and replace all these trees within a single
year period would fax the staffing and financial resources of the City and would leave
apparent voids in the City's streetscape. Instead, the City of Oak Park Heights has
been planning for the arrival of EAB by adopting an Emerald Ash Borer Management
Plan and budgeting monies to begin a structured removal and replacement of ash
trees from boulevard and active park areas. In January, Oak Park Heights was the
recipient of a $20,000 Forest Protection Reserve grant from the Minn. Dept. of
Agriculture to assist in the removal and replacement of 60 ash trees in boulevard and
active park areas. A total of 100 ash trees may be removed and replaced in the next
two years.
The first round of tree removals will occur in March 2010. An ash tree in, trunk
diameter will be removed from the boulevard adjoining your property. Replacement
trees, 2 in. caliper native shade tree species, will be planted on most sites in late August
2010. The city is holding a public meeting, Thursday, February 25, 2010 from 7 -8 p.m, in
the OPH City Hall Council Chambers to provide information about EAB and the planned
structured removal and replacement. More information on EAB can be found on the
Minn. Dept. of Agriculture website of: www.mda.stafe.mn.us /invasives /eab.
You may also call the OPH Arborist, Kathy Widin at 439 -4439 Ext. 252 with questions.
Kathy Widin
Arborist
City of Oak Park Heights
Page 48 of 86
Removal List for Ash 'Frees — 2010
2115110
Tree Igoe Location trunk Condition Reason for Removal
diameter (in.)
1 14385 59 "' St, 11 fair -poor diebaek, leaning
(on Olinda)
2 across from: 8 poor poor form
5812 -5814
Olene
3 across from 10 fair poor form, crowding
5888 Olene spruce ___
4 5869 Oldlzeld 11 fair -poor poor form, leaning
toward street
5 59 Old field 10 fair-poor Door form, basal wound
6 5730 Oldfield. 13 fair -poor crowded by pines
7 1 4224 57" St. 15 fair- or poor mai trunk union
8 Intersection 57 1 '' 10 fair -poor leaning toward street
St. and O'Brien;
W side of street
by City I -]all pkg.
lot
9 5554 O'Brien 16 fair -poor co- dominant sterns main
trunk union; leaning
toward street
10 5573 O'Brien - 11 fair -poor poor form, suppressed
N of driveway _....._
11 14200 55 "' St. 11 fair -poor 2` tree N of corner, E
_ (on O'Brien —_ — side O'Brien, poor form
__.__..._._12 53 St. E end 8 fair leaning toward road
park frontage
13 53110jibway 10 fair
(S end frontage)
14 5421Ojibway 8 fair
(by mailboxes)
15 5441Ojibway 9 fair
(S side cul -de-
sac, E end)
16 14094 U. 50' 11 fair close to maples on
St. property behind
(N side
driveway)
17 14033 50' St. 10 fair too close to driveway
(W side and other trees; leaning
driveway)
Page 49 of 86
Ash Removal 3110 - 2
18 14055 53"' St. 9 fair
(W side
driveway)
19 14110 53" St. 10 fair
(E side front
yard)
20 5491 O'Brien 9 fair lean toward street
-- (on 55 "')
21 14308 U. 56 '' 14 fair -poor poor form
(one 55 St.). leaning;
22 1433555 th 12 fair lean toward street
23 14419 55"' 13 fair crowded by other trees
24.._._ _. 14496 55'x' � _._..._. � -� -- fair poor form
(near N W corner
-- -- 55 "' `a nd Omaha)
25 14554 55'" 12 fair
26 14584 55"' 16 fait,
27 Brekke Park 9 fair -poor poor form
13 end pkg. lot,
N side
.---- ....._. -- ---------- _�
28 14669 55th 10 fair -poor poor form lean toward
(W end frontage
29 – __.- 14f�94 _55`Tg�� _.._.__ � � very poor street ry..p poor for
30 14676 55"' 11 fair -poor poor form; lean tt>ward
street
31 5711 Oren 16 poor storm damage
(2 "`' tree N of 57"'
- - -- _._. -- ._........_..._... - - - - -- T.
32 14616 57 "' St. 11 ....___ fair poor form
_ .... (W of driveway)
33 14661 57"' St. 15 moor — lean toward street
34 14478 57 13 fair -poor poor form
35 14418 57 "' St. 15 fair -poor next to private ash_ tree
36 14331 57 "' St. 10 fair lean toward street
37 1430157" St. 13 - - -- fair -poor poor form; lean toward
street
38 5725 Osman 10 fair -poor poor form
(2" "tree S of
sidewalk)
39 14703 U 56 "' 12 fair - poor poor form
(la side
driveway)
40 Valley View 11 fair snow plow wound base
Park (N end pkg.
lot median)
Page 50 of 86
Asia Removal 3110 - 3
41 Valley View 12 fair
Park
(SW comer
parking lot)
42 5569 Ozark 10 fair poor form
43 5585 Ozark I I poor poor form
44 5624 Ozark 8 poor poor form
45 14920 U. 55` 11 poor poor fora
(C of driveway)
WV 46 6286 Paris 12 poor under power lines
47 Cover Dark 14 fair
_......... Pel lerAve.).... - - --
48 5705 Penrose; 14 poor under power lines
Ave.
49 5728 Penfield 12 poor under power lines
(On Penrose)
50
_ 54M 57 "' St. 13 poor under powe lin es
Page 51 of 86
To: Eric Johnson, City Administrator
Andrew Kegley, Pub. Works Dir.
City Council
City of Oak Parr Heights
From: Kathy Widin, Arborist 2116110
Removal /Site Restoration /Replacement of Ash in 201011 —
Costs For 40 Additional "frees
Emerald ash borer (EAI3) has not yet been found in Washington County; however,
the city of Oak Park Heights is preparing for its arrival. Ash represent 40% (700) of the
trees in boulevard and active park areas within the city. OPII has adopted an BAI3
Management Plan and also budgeted fiends in 2010 to start a "structured removal" of ash
trees from boulevard rights -of -way and parks, in anticipation of the arrival of EA13 in this
area in the next few years. Removing about 5% of the ash trees per year, and replanting
with diverse native species, have been recommended by the MN Dept. of Agric. and the
MN Dept. of Natural Resources as strategies to slow the spread of EAB and help to
manage removal costs.
In January, Oak Park heights was the recipient of a $20,000. Forest Protection
Reserve 1JA13 Planning & Preparedness grant from the Minn. Dept. of Agriculture. The
original grant request was $34,911., which included the removal /site restoration and
replacement of 100 ash. The current grant amount will allow for removal /site
restoration /replacement of 60 ash. from competitive quotes requested last fall, St. Croix
'free Service was chosen for their quote of $427. per tree for this work.
If the city would like to take advantage of the grant quote and pay for removal /site
restoration /replacement of the additional 40 trees from budgeted funds in the next two
years, the costs would be as follows:
Costs for removal /site restoration and replacement of 60 trees with grant:
Expenses Grant City Funds
-- - - - - -- - - -- - - - --
Tree Removal, Site Restoration, $19,215. $6,405.
Replacement 2010 - x;14,190. 2010-
2011 == $5,025. 2011 .= $2475.
Arborist Hrs. $785. $1,615.
Staff M.S. 0 $880.
Supplies 0 $48.
Office Expenses 0 $40.
TOTAL *$20,000. $8,988.
2010 414,975, 2010 = $6,513.
2011 = $5,025. 2011 = $2,475.
*Grant is "reimbursement" basis — city must expend funds first
Page 52 of 86
Costs Addtl. Ash Trees Removal /Site Restoration /ReplaeemeM 2010 -2011 - 2
Costs for reinoval /replaceinent of an additional 40 trees would be.
Expenses City Funds
Tree Removal, Site Restoration, 417,080.
Replacement 2010 $ 7,080. tree removal /site restoratioi)
2010 = $5,000, planting replacement trees
2011 $5,000. for planting replacement trees
Arborist Hrs. 4720. 2010 $360.
2011 .... $360.
Staff Hrs. 4800. 2010-S400.
2011 == $400.
TOTAL 418,600. 2010 $12,840.
2011 -,- $ 5,760.
Funding Sources.
a. The City budgeted 445,750. for contracted tree removal /priming in 2010
Cnmual costs for tree removal /pruning usually .$25,000.)
b. `I "liere are available hours in the lArborist budget
c. `I'here is a total of 4114,900. in the city "Tree Planting Fund
(fancied from `free Replacement funds from development)
Page 53 of 86
This Page Is Left Intentionally Blank.
k
Page 54 of 86
j
Oak Park Heights
Request for Council Action
Meeting Date: February 2q( 2010
Time Required: r, Minutes
Agenda Item Title: Follow -up Com►nunication to Pine Grove Gardens
Agenda Placement: Old Business
Originating Department/ Roque Cites Council
Requester's Signature
Action Requested Department /Roque
Background/Justification (Please indicate if any previous action has been taken
or if other public bodies have advised):
Based on City Council discussion with the Pine Grove Gardens residents in January, the City Council
directed that staff to prepare a letter to Pine Grove Gardens informing thew that the City is aware of
the issue and will try to keep them apprised ofiresolution.
Attached is that proposed document subject to final Council approval.
Page 55 of 86
City of Oak Park Heights
14168 Oak Park Blvd. N ®13ox 2007 e Oak Park Ifeibhts, MN 55082 m Phone {651} 439 -4439 o lax (651) 439 -0574
February 18, 2010
Residents of Pine Grove Gardens
C/O Ms. Ruth Easton
5853 Oakgreen Court North
Oak Park Heights, MN 55082
Dear Pine Grove Gardens Residents:
The City Council does wish to thank you for expressing your concerns about the St. Croix
River Crossing and STH 36 Project and how it may impact your area. As stated in our
mee }ring,rhe City Council has long been engaged with the Minnesota Department of
Transportation about numerous aspects of the Project and such discussions are likely to
continue; however to date the City has not approved a construction layout.
Most recently, you may have read that MNDOT was not successful in acquiring " T#GCR"
funding for this project. The City understands this to mean that their next window sought
to commence the Project is possibly in 2013.
With your comments in mind, the City Council is better informed as to the possible
impacts the currently proposed layout may have on your neighborhood and your
concerns will certainly be included as part of the City's continuing evaluation process.
The City Council will keep you informed as to any final decisions or actions if may take.
Sin r y
Eri J n o r / -
Admin tr k
Cc: City Council Members
Page 56 of 86
Oak Park Heights
Request for Council Action
Meeting Date: February 2 2oio
Time Required: s minutes
Agenda Item Title: Load Testing St. Croix River Crossing
Agenda Placement: New Business
Originating Department/Reqqestor Cot c"member: McComber
Requester's Signature
Action Requested See below.
Background/justification (Please indicate if anv previous action has been taken.
or if other - public bodies have advised):
Discuss Mayor Beaudet's letter to MnDNR dated Feb 8 2010.
Page 57 of 86
C OF
OAK PARK HEIGHTS
� illllbWYi1111111 A,iw,IliliIJIIILIIi lip llilll1111411 YIIIiWIIW llpblllli 11,1111 Jllil IIJIN41u1Yllilllluil Yillilli4liliY lllWlllilWY'111iIHIWIJ il11i - WI �� J ICI {VI q i11111111AII l Pl I lullilire A' � IIdlA l AylliWiiYll 4iXHIIINUINiYJYIYYIilili4NJILLi' AIIYI :YLWYI 1 Y 1iY1.11 y YlYWIW
14168 Oak Park liaulevard Na. ° P.O. Box L007 • Oak I arl< I l M1� � 5� � 20fl7 ° P110ne: 651/439 -4439 ° Fax: 651/439 -0574
Ms. Molly Shodeen
Area Hydrologist
Minnesota DNR- DNR Central Waters
1200 Warner Road
St Paul, MN 55106
Re: Permit No.: 2010 -0117, Structural Loading Testing, Lake St. Croix (82 -1P)
City of Oak Park Heights, Washington County
Dear Ms. Shodeen:
I have reviewed the Permit 2110 -0117 and find many requirements to protect the
Wild and Scenic St. Croix River lacking in the Permit.
Of note, one of the DNR requirements is to protect the fishing resources of Wild
and Scenic St. Croix River. The Permit grants a waiver of this requirement with
little rationale or explanation. Last year the Middle St. Croix WMO placed a
diversion pipe from Perro Creek to the Protected St. Croix River. This work was
done in the side of the river bank above the ordinary water level. The WMO's
contractor was denied permission to place the pipe in the river bank until the St.
Croix River had dropped to the ordinary level, thus requiring the contractor to pull
off the job. We cannot understand the Department's inconsistency in positions on
these matters as the Perro Creek project appeared far less intrusive to the fisheries
issues than the current project under consideration.
The Minnesota Department of Natural Resources must provide to the City of Oak
Park Heights the opportunity to provide comments to Permit 21100117 within the
time frames of Minnesota Statute 1 5.99. The DNR permit was issued 12 days after
the City of Oak Park Heights acknowledged that it had received a complete permit
application. The City of Oak Park Heights's request to have their comments
incorporated into the final permit by the Minnesota Department of Natural
Resources was effectively denied.
aWWAIAJYYWIi YI,Liil IIJi Y.IJ.IYIJ.JIWLLnxWJJIJ.IYU i1LY'. usui. IS.: sJt1A11YJLYJIisYYUL .W{WYeluiir.k11AA11i,. all YllillIIJ141.,Jr1.tlJi,l YID I J."I 1.1 .In. ..... .11. LIIIiaYJ:A.nI,uY1Ja. ,Yy, JYJiuYWLY1WLJJlw.n I1II111illll LI1J .1uYI,r.1.1:N1:4AYItI WxnY,S I611.i1L'11LIY.L�
Tree City U. S.A Page 58 of 86
Ms. Molly. Shodeen
February 8, 2010
Page 2
Based on; the information requested, the public record and - reasonable reading of
the concerns. brought. up by the public record, Z hereby certify the final action, on
the application directed me as Mayor of the. City and object to permit 21 10 -0117
dated .�anuary 22, 2010 and 'dorz and a hearing ` on the application pursuant to
section.Minnesota.,Statute' 1030 'Subdivision 5.
Sincerely, ,
r
D id Beaudet
Mayor City of O .ak Park heights
cc: DNR: Commissioner Mark Holsten
Senator: Chaudhary
Senator: Anderson
Senator: Saltzman
Representative: Eken
Representative: %genius
Representative.;win
Washingtori Conservation District, Jyneen Thatcher
MSCVVMO:.Amy Carola
USCO - Dan -Seemon
MNDOT Rich Lamb
Sierra Club
DNR Fisheries, .Brad Johnson
DNR Central Office Permits Unit, Job Fax .
LMC:'Graig Johnson
Page 59 of 86 .
M innesota Department of Natural Resources t�innesolr�'
DNR Central Region Waters - 1200 Wanler Road, St. Paul, MN 55106-67 -
Telephone: (651) 259 - 5845 Fax: (651) 772 -7977
r,��nl1r1,1EE{r�F
V JURAL r1_EssuK_S
Fcbruaryy 11, 2010
Mr. Rich Lamb
MNDOT
1400 Gervais Avenue
Maplewood, MN 55109
Re: Terminated Permit #2010 Structural Load Testing;, Lake St. Croix (82 - IP), City of Oak
Park Heights, Washington County
Dear Mr, Lamb:
The DNR is in receipt o.f a valid demand for hearing by the Mayor of the City of Oak Park Heights
regarding Permit #2010 -0117. issued January 22, 2010. Because of the hearing. demand, Pen 92010-
0117 is hereby terminated in accordance with MN Statutes Section 1030-311, subd. 5(b).
Thank you for your cooperation. If you have any questions, please contact me at 651 - 259 -5802.
Sincerely,
Melly St�ade� c�
Area Hydrologist
c: City of Oak Park Heights, David Beaudet, Eric Johnson
Washington Conservation District, Jyneen Thatcher
USCOE, lean Seernon
MNDOT, Westey Saunders- Pearce, Todd Clarkowskl, Peter Leele
DNR Conservation Officer, Brad Johnson
DNR Waters, Tom Hovey
DNR Fisheries, Jerry Johnson
DNR Wildlife, Bryan Lueth
DNR Ecological Resources, Melissa Doperalski
DNR Central Office Permits Unit, Jahn Fax
Lake St. Croix (82 -1 P) take File
l4VriV.Eif11.S1(}IC.137f4.U5
AN 4 QUAL OPPORI €JNIIY EAi1
PRINTED 011 RECYCLED PAVE R C01AMING A f<111rEh1Uh1 Or I03 r' P( ?ST-r.QaS1j1,1fP. 1' /Asr(
Page 60 of 86
Oak Park Heights
Request for Council Action
Meeting Date 02/23/2010
Agenda Item Title: SCADA Flow Meter Chaw e Order
'Tirane: 5 minutes
Agenda Placement New Business
Originating Department /Reg tie stor Public Works, Andy Ke�_ Director of' Public Works
Requester's Signature
Action Requested .._,._�n pror ` C`
Flow Meter Chan eOrde1 -Revised 2/ 15/ 2Ql_( l_ _- _---- ---------------- -...____
I3ackgrorn d /Justification (I'lease indicate if•any previous action has been taken or if'other public
bodies have advised):
Please Sec' attached
Attachments* MC1110
Change Order fi-oin Automatic Systems Company
Page 61 of 86
City ®f
Oak dark Heights
14168 Oak Park 131vd Me Box 2007 •Oak Park Heights, MN 55082 ® Phone (651) 439 -4439 ® Fax 439 -0574
Memorandum
To- Eric Johnson
From, Andrew Kegley
CC: Mayor and Council
Date: 02/18/2010
Rw. Water System SCADA Improvements — Change Order to Replace Flow Meter pleads
It is necessary to amend the Water System SCADA Improvements Project slightly due to unforeseeable
incompatibility of the flow teeter head replacement parts with the internal shaft and propeller of the flow meter.
Flow meters are a necessary component to monitor the quantity of water being pumped from the well. Each well
house has a flow meter that measures the discharge of pumped water and locally displays flow rate and total flow.
As part of the SCADA improvement project, monitoring and trending of the flow data would be automated by
using a meter head capable of sending a 4 -20mA signal to match the flow being measured by the meter propeller.
The existing flow meters are not capable of producing signals required to be monitored by the SCADA system.
Alternate No. 1 of the SCADA Improvement Project would change the existing flow meter heads to those capable
of sending the required 4 -20mA output enabling the system to obtain data from the meters, Unfortunately during
construction the contractor discovered due to the age and make of the existing flow meters, replacement heads for
the existing meters that meet the specifications to output a signal are not manufactured, The replacement heads
must work with the existing shaft and propellers inside the flow tube; the problem is the meter heads required to
deliver an electronic signal are not compatible with the existing shaft and propeller inside the in- line flow meters.
Automatic System Co. provided a solution in a change order request. The change order proposes to leave the
existing flow meter tubes in place as planned; however the propeller, shah and meter head capable of a 4 -20mA
output will replace the existing outdated equipment. The change request will add $5,219 to the total cost of the
project bringing the total to an estimated $118,257 including engineering fees. Along with costs, ASC is also
requesting a time extension of approximately six (6) weeks to accommodate the work scope change; permitting
the time extension does not negatively affect operation of the C111TC11t system.
1. recommend the City accept the change order to have Automatic Systems Co. provide and install flow teeter
heads and equipment to output the required signal for the SCADA system to obtain data from the meters. To fund
the change order, finance recommends the additional funds be taken out of the approximate $107,000 balance of
the budgeted projects — unallocated fund.
Attachments: (1) ASC Flow Meter Change Order, (2) Flow Meter Diagram, (3) Budget Overview
TREE CITY U.S.A.
Page 62 of 86
4 ��famafic
r��ftC�
eo.
"..l."......"'.1"I"', "I-1- AUTOMATIC SYSTEMS CCU.
Monday, February 15, 2010
Mr. Aaron Mueller, P.E.
Bonestroo
2335 West highway 36
St. Paul, MN. 55113
Reference: F lowmeter Change Order — DEVISED 2/15/10
Water System SCADA Improvements
Oak Park heights, MN.
Dear Aaron:
Confinning our conversation of yesterday, we were on site in Oak Park heights last week and
recorded information from the existing Flowmeters at Pumphouse No. I and Pumphouse No. 2.
Pumphouse No. I has an 8 -Inch Hersey- Sparling propeller meter and Pumphouse No. 2 has an 8-
Inch Rockwell propeller meter.
The specs call for new Water Specialties flowmeter electronic heads with 4-20ma outputs
installed on existing Water Specialties Flowmeters. Since the existing flowmeters are not Water
Specialties this is not possible and new insert propellers with flowrneter electronic heads need to
be installed in place of. As requested, we are pleased to offer the following change order request.
Description:
I . Modify existing flowrneters at Pumphouse No. I and Pumphouse No. 2 to include
removal of existing propellers, mechanical registers and top plate from existing
flowtubes and reinstall new Water Specialties propellers, local rate and totalizer,
electronic heads with 4-20ma output, top plate and new gaskets, within existing
flowtubes completely installed and tested.
Your net price Adder for the above change order is .... $5,219.00.
Please note the above trice has been reduced from $5,703 to $5,219, by reducing the labor
for installation of the new TroTeller assemblies. The electronic heads were alreadv
deducted from the orieinal Trice of $5,703 in the amount of $500 /head or $1200 total.
MANUFACTURERS REPRESENTATIVES m CONTROLS MECHANICAL EQUIPMENT
�'' MAIN OFFICE: P.O. BOX 120359 ST. PAUL, MINNESOTA 55112 PHONE 651 -631 -9005 (FAX) 651 - 631 -0027
l7 BRANCH OFFICE: P.O. BOX 787 AMES, IOWA 50010 PHONE 515- 232 -4770 (FAX) 515 - 232 -0795
Page 63 of 86
Mr. Aaron Mueller, P.L.
February 15, 2010 -- REVISED 2/15/10
Page 2
Price includes sales tax, insurance cost, bond cost, parts and labor warranty. Please note, lead
time for the above flowmeter replacements are 5 -5 weeks.
For simplicity and to expedite this change, please sign on the space provided as your acceptance
to the above and return a copy to this office.
Thank you and please don't hesitate to call me with any questions.
Sincerely,
&rA firth, Pres.
Automatic Systems Co.
Accepted by: Date:
- -- - - - -- - -- - - -- -
Page 64 of 86
30111 -09 Rear. 6.8/10 -05
M MODEL ML11X
150 psi REPLACEMENT METER HEAD ASSEMBLY
SEALED METER MECHANISM _ MAGNETIC DRIVE
p R�PELLER NfE`�ER � INDICATOR - TOTALIZER
� .......................... ,� �................ ................_.........SIZES 6" thtu 72'
INDICATOR
HAND 6 N e
IiVHVeiV '
~ �
15 `
I�: t 0.
TOTALIZE "•`
TEST HAND
TYPICAL 4" DIAL
INDICATOR TOTALIZER
DESCRIPTION SPECIFICATIONS
MODEL MLI1X METER HEAD ASSEMBLIES are manufactured to the highest ACCURACY Plus or minus 2% of actual flow within the
standards Materials used on all meters and flow ranges for the low range specified for each meter size.
velocity meter meet or exceed AWWA standard 0704. The bolt - PRESSURE RANGE lap to 150 PSI maximum working pressure.
design permits use in a wide range of existing applications with up to 150 TEMPERATURE 140° F Maximum. Consuh factory for special
psi working pressure. It is necessary, upon ordering, to furnish the I.D. RANGE construction for higher temperatures.
dimension of the pipe the meter is to be mounted on for calibration MINIMUM FLOWS As shown for each meter size and construe -
purposes, and the saddle dimensions from the back of the data sheet. lion are required for accurate registration.
It may be necessary to modify or remove the existing straightening vanes See flow chart. NOTE: Minimum flow will be
to allow proper clearance for Water Specialties three bladed propeller higher when auxiliary equipment is added.
(see propeller dimension on back of data sheet). MAXIMUM FLOWS As shown for each meter size and construc-
INSTALLATION is made by bolting the meter head assembly to the existing tion are rated for continuous operation- See
saddle or meter tube. The meter can be installed horizontally, or inclined on flaw chart.
suction or discharge lines. The meter must have a full flow of liquid for proper INTERMITTENT As shown for each meter size are rated for
accuracy. Fully opened gate valves, fittings, or other obstructions that tend t LpvVS 1d% to 15% of the total time the meter is
to set up flow disturbances should be a minimum of ten pipe diameters operating. Consult factory for High Velocity
upstream and two pipe diameters downstream from the meter. Installations construction when intermittent flows are higher
with less than ten pipe diameters of straight pipe require straightening vanes. than Shown on flow chart and/or when longer
Meters with straightening vanes require at least five pipe diameters upstream operating periods are required.
MATEfaIALS Used in construction are chosen to minimize
and two pipe diameters downstream of the meter. the corrosive effects of the liquids measured
PROPELLER is magnetically coupled with the drive mechanism through the by the meter assembly.
sealed oil filled gearbox. This completely eliminates water entering the MAGNETS - permanent ceramic type
meter assembly, as well as the need for any packing gland. The propetler INTERIOR BEARINGS - shielded stainless steel
is a conical shaped, three bladed propel €er, injection molded of PROPELLER BEARING - ceramic sleeve type
thermoplastic material resistant to normal water corrosion and deformity PROPELLER SPiNDLF - ceramic sleeve /stain-
due to high flow velocities. less steel
BEARING in propeller is a water lubricated ceramic sleeve and spindle bearing PROPELLER - injection molded thermoplastic
system with a ceramicistainless steel spindle. Dual ceramic thrust bearings, GEARBOX - cast bronze
standard on all meters, handle flows in both forward and reverse directions. SEPARATOR - stainless steel
The bearing design promotes extended periods of maintenance free propeller SHAFTS - stainless steel
operation. Bearings within the sealed meter mechanism are shielded precision METER HEAD BOLTS - stainless steel
stainless steer bearings and are factory lubricated for the life of the meter. METER HEAD - cast iron or fabricated steel,
INDICATOR - TOTALIZER is mechanically driven by the meter mechanism and NSF approved fusion epoxy coated.
features a full 4" diameter, 250 degree sweep dial with a six digit, straight OPTIONAL Totalizer Extensions and a wide range of
reading type tolalizer and sweep test hand. The indicator drive mechanism EQUIPMENT controls and instruments for indicating,
is temperature compensated so the indicator will be accurate at alt points totalizing and recording flow data for each
on the dial when operated between 32° and 140° F. The indicator dial meter. Special constructions and materials
can be furnished in GPM, CFS, MGD or any standard liquid measuring are available upon request.
units with choice of standard totalizer measuring units. The bonnet, with ORDERING Must be specified by the customer and includes:
padlock hasp, is 0 -ring sealed to the meter head. INFO Minimum and maximum 1 #ow ranges
CHANGE GEARS may be easily exchanged in the field when changing the Temperature of meter environment
dial, or when recallbrating for different pipe sizes. It is not necessary to indicator scale and units
remove pressure from the line for these changes. Total dial units
O -RING SEALS are used at the meter head and all points where seals are Type of materials and construction
required, making the meter mechanism completely immune to any of the Optional equipment desired
corrosive effects of atmospheric moisture or the liquids measured by the Saddl D. of pipe
meter assembly. Saddle dimensions (from back)
........ .... .. ,........ ...... . -. . w,,.,, - . �.., ..... ,,... Pace 65 of 8
30111 -09 Rev. 6.a/10-05
MODEL MLI1X
150 psi REPLACEMENT METER HEAD ASSEMBLY
SEALED METER MECHANISM - MAGNETIC DRIVE
INDICATOR - TOTALIZER
SIZES 6" thru 72"
O
I O
O
2 ROUND +
I t l It 1� I \O 0
' OVAL
H I : �• _ _ o_ f_
r-7-7 a
i r
VQ C4
�— D1 —�-
F - Number of Bolts El —�
3" - 20" = 8" G - Size of Bolts K1
24" - 72" = 11
NOTE: Existing straightening vanes may require modification or removal to allow proper
* PLEASE SPECIFY PIPE I.D. AND O. D, clearance for Water Specialties three bladed propeller (see propeller dimension).
FLOW RANGES, GPM DIMENSIONS EST
METER STANDARD HIGH VELOCITY I (Customer Supplied Data) SHIPPING
& PIPE CONSTRUCTION CONSTRUCTION (01,02) (E1,112) WEIGHT"
SIZE MIN. - MAX. - INT. MIN. - MAX. A D E F I G H K POUNDS
6 120 - 1200 -1500 300 -1500 I 35
8 150- 1500 -2000 400 -2500 35
10 180- 2000 -3000 500 -3500 45
12 200- 3000 -3500 800 -5000 50
14 300- 4000 -4500 1000 -600 55
16 400- 5000 -6000 1200 -7500 55
18 700 - 6000 -7500 1500 -9000 55
20 850- 8000 -9000 2000 -12000 55
24 1000 - 10000 -13500 3000 -15000 190
30 1800 -15000 -21000 4000 -25000 190
36 2000- 20000 -30000 5000 -35000 190
42 3000 - 30000 -40000 6000 -50000 365
48 5500 -35000 -50000 7000 -60000 365
54 6500 - 45000 -55000 8000 -65000 365
60 7500- 60000 -80000 10000 -90000 I 365
66 8500 - 75000 -95000 12000 - 105000 I 365
72 9500 - 90000 - 115000 15000 - 125000 J 365
Standard construction will be supplied for all main line meters unless special flow range, materials, or construction are required.
M TEL: W1S 52 6 &11 ONA A V E NUE HEME
8T, CALIFORNIA 92545 USA
Visit our Website: www.mccrometer.com Copyright 0 2005 M-Cmmetef All printed material should not be changed 01 ultWd without permission of McCrometer. The
published technical data and instructions are subject toehange without nwice Co "tact your iW'ronxter representutive for current
�. .
tec hnical
Page 66 of
tee mca data an mstn¢" .. .. ......... .. ..... .
Oak Park Heights - Water System SCADA Improvements
ESTIMATED PROJECT COSTS 2 -19 -10
Construction Contract Automatic Systems Company
Base Bid $93,200
Alternate #1 $2,740
Total Construction Contract $95,940
Change Order to Replace Flow Meter Heads $5,219
Laptop $698
City Engineering $16,400
Total Estimated Costs $118,257
ACTUAL FUNDS AVAILABLE FOR PROJECT 2 -19 -10
2008 Balance Budgeted Projects $60,000
2010 Additional Budgeted Projects $52,700
Request for Budgeted Projects Unallocated Funds $5,600
Total Actual Funds Available $118,300
Page 67 of 86
This Pale Is Left Intentionally Blank.
V
Z
i
II
i
i
Page 68 of 86
I
Oak Park Heights
Request for Council Action
Meeting Date: February 2. rd. 2010
Time Required: ., Minutes
Agenda Item Title: Green 'Twig LLC - Keauest for Financial assistance --- Tax Fxemm Revenue Bonds
Agenda Placement: New Busillass
Originating Department /Re e tar Xic Johnson. Citv Administrator
Requester's Signature zeation Action Re quested inary Resolution
Bac round /Just lease indicate if anv Previous action has been taken
or if other public bodies have advised):
The City has received a request for City financial Assistance from Developer Tirn Nolde of Green Twig, 1. LC, a
Minnesota limited liability company (the "Borrower "), proposing; that the City issue revenue bonds in an
aggregate principal amount not to exceed $16,000,000, in one or more series at one time or from time to time
(the "Bonds "), the proceeds of which will be loaned by the City to the Borrower to be applied by the
Borrower to the acquisition, construction, and equipping of an approximately 120 -unit assisted living; facility
with 26 rrrernory care units, 65 assisted care units, and 29 independent care units, located at the Northwest
quadrant of the intersection of ®akgreen Avenue and 58th Street in the City (tire "Project "). Mr. Nolde is
responsible to pay all City associated costs with the preparation and issuance of these bonds.
The City is not pledging; any tax levying; authority to repay these bonds; should these go into default the City is
not legally or ethically obligated to repay these bonds. The City however will be lending its name to the project
and will have long -term carrying; costs, for example it will need to be noted on the City financial Statements and
the City will be required to act as a paying; agent to the bond holders.
Also, per the City fee Schedule, the City may assess a.5% fee on the amount to be borrowed and which will
cover a portion of the City's real and perceived costs in executing this project. 'Phis fee is estimated to be
$80,000.00 (.5% X $16,000,000 = $80,000).
At this tirne the City has engaged the services of Bond Counsel Jennifer Boulton of Kennedy & Graven law
Firm as well as Nick Skarich of Northland Securities to assist in the review of this request. I am anticipating that
Jennifer Boulton will be present at the meeting to answer any questions.
As we know, the Mr. Nolde has sought to develop this site as a Senior /Assisted living community. If
the facility is to be restricted to "seniors only" then he must wait until after May 15 "' to secure bored
allocation from the State of Minnesota, but must have at least 20% of the units available to persons of
low -to- moderate income. if he desires to not place that restriction on the project, then he may acquire
State bond allocation in April and he may open the facility to persons of any age, but must also have at
least 20% of the units available to persons of low -to- moderate income. This is a clarification that will
need some further discussion as the process proceeds.
Page 69 of 86
Procedurally, the City is not being; asked to provide a formal approval on Feb 23 "', rather begin the necessary
steps towards reviewing the matter and to begin the statutory requirements for the public hearings and possible
bond allocation from the State of Minnesota. At this time Staff does not have a recommendation as to the
positive or negatives of the proposed Revenue Bond issuance and what role the City would have in the long-
term. It is anticipated that portions of the anticipated 'TIP' revenues would also be utilized to pay back these
revenue bonds.
Enclosures:
1. Nolde Application.
2. Letter of Interest from T. Nolde & Rationale for use of Bond Financing
3. Public Notice to be Published
4. Preliminary Resolution for Approval by the City Council.
5. Engagement letter from Kennedy & Graven (Acting as the City's Bond Counsel)
Page 70 of 86
U CITY OF OAK PARK HEIGHTS +F1FVE|OPK8ENTAPPUCAU0 �
"
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=�
14168 Oak Park Boulevard
�nnuFee'
P.[>.Box2007 �
Oak Park Heights, MN 58082 Escrow An oUDt
(O51) 439-4439 Fox: (851)438'O574
Street Location 0fProperty
Legal Description nfProperty
x/-
Owner: NaRle
Address: �— �
c��'/� ' �/ State: ~�`~y �i��
City -'/'�~^----` ' ' . �__�_�______
'' - ��y_ ���
Te|8phnDo:(�'�onom) u/`' /8uo]n�on> y /
(Fax)
Applicant. NuDne____
Address: _____------ --'------
C ity: ________Stata: Zip:_--_-___-_
Telephone: (Home) (8Usinmo8)
(Fax)
Type ofRwqueot(m) `
Zoning District Amendment Home occupation ----
Conditional G |onm|UnePerm|\ _____
----- Vmhnnoe - G|n�|o Family Residential ____� PUD: Amendment ---- ' ||/|d tia | PUD'(|onv���P|an
V�hnnco� O�horR*xidendnKCommenom nouan/ .
---- � PUD�(�eneru)P\on
Subdivision ____. .
----' '9tre�#Vnontipn
W �
�uh��|mn�K8inor _
---- Comprehensive Plan Amendment —`>K7 City Financial Assistance
C]u ipt\onwfRoqUeGt(m):
77
U<�� c +�<��� <��>
` —~ ' ' /�
�-c(ELXV/)r-( CJv��~,
|fa request for pla]niDo/zoD\ng action oo the subject site mr any part thereof has been �
pnyVioumk/ approved, please describe it hndovv �
vf owne r/Applicant InUjGlS
�
|
Page 71mao
Development Application, page 2
General Conditions
Application Review
The undersigned acknowledges that before this request can be considered and/or approved, all
required information and fees, includingrany deposits, must be paid to the City. An incomplete
application will be returned to the applicant. The application approval process commences and
an application is considered complete when all required information and fees are submitted
appropriately to the City.
Professional /wee Responsibility
It is the understanding of the undersigned that all City incurred professional fees and expenses
associated with the processing of this request(s) will be promptly paid upon receipt, If payment
is not received from the applicant, the property owner acknowledges and agrees to be
responsible for the unpaid fee balance either by direct payment or a special assessment
against the property,
Applicants will be billed on a monthly basis for Planning, Engineering, Legal and Community
Development fees as they are accrued. it is understood that interest will be charged on the
account at the maximum rate allowed by the fair Credit Act if it becomes thirty (30) days past
due. failure to pay administrative and processing fees in a timely manner may resillt in denial
of the application. All fees must be paid at the time of application and steal€ be paid prior to the
issuance of a building permit.
The undersigned applicant further acknowledges and consents that all unpaid fees owing the
City of Oak Park Heights shall be treated as unpaid utility fees and may be certified for
collection as with delinquent utility billings and may be assessed against the subject real
property if unpaid by October 31 of each year.
Property Address
Date:��
or re
"..__ Date,
Applicant Signature
Page 72 of 86
February 3, 2010
Oak Park Heights City Council
City of Oak Park Heights
Oak Park Heights, MN 55082
RE: Tax Exempt Financing
Dear Council Members:
Are current plans are to start the Assisted Living; building on or before April 1, 2010.
Due to the ever changing market, the most efficient way to finance our project is through
the issuance of Tax Exempt bonds. I know the city is familiar with this process, so I
I nclude with this letter an application.
We realize the allocation period for said bonds is not until May, but our financial
consultants are convinced this can be accomplished.
Thank you for your continuing; support and please feel free to call me if you have any
questions.
Sincerely
Tim Nolde
Anchobaypro, Inc.
Page 73 of 86
STILLWATI?R. MN 55082 -0119
651 -430 -3981
Anchobaypro, Inc
2/19/2010
Oak Park l-lcights City Council
City of Oak Palk Heights
14168 Oak Park Blvd. N
Oak Park Heights, MN 55082
Rte: Tax Exempt Bond Request
Dear Council Members:
We are asking for an allocation of Tax Exempt Revenue Bonds ftom the city because of the difficult
C;C0130111iC situation. We have searched for traditional bank financing for over one year and have not
been successful. Reading the various papers lately explains the issue.
None of our local and national banks are in a position to lend against real estate. They are too busy
solving their earlier real - estate problems. Thankfully, the bond market has appeared to recover. Our
Investment Banker have informed us they can place said bond issue, which will enable us to begin
our Assisted Living project in April, thereby employing many people at a critical time..
Thanks once again for your support and patience. Please let me know if you need anything else.
Sincerely,
Tim Nolde
Anchobaypro, Inc.
(5r"r V/4 Em-a Tb
c a o r a a o a o ° ° c ° ° ° ° ° n ° ° ° ° ° ° ° ° ° °
Page 74 of 86
PUBLIC NOTICE
NO'T'ICE OF A PUBLIC" HEARING TO BE CONDUCTED BY THE CITY OF
OAK PARK HEIGHTS, MINNESOTA, TO CONSIDER THE ISSUANCE OF
REVENUE BONDS BY THE CITY TO FINANCE THE ACQUISITION,
CONSTRUCTION, AND EQUIPPING BY GREEN TWIG, LLC OF A
MULTIFAMILY RENTAL HOUSING DEVELOPMENT TO BE LOCATED IN
T14E CITY
NOTICE IS HEREBY GIVEN that the City Council (the "Council ") of the City of Oak Park
I-leights, Minnesota (the "City "), will hold a public hearing on "Tuesday, March 30, 2010, at or after
7 :00 p.m. at City hall, 14168 Oak Park Boulevard North, to consider a proposal that the City authorize
the issuance of revenue bonds (the "Bonds "), by the City, in one or more series, Finder the Minnesota
Statutes, Chapter 462C, as amended (the "Act "), in order to finance all or a portion of the following:
(i) the acquisition, construction and equipping of a an approximately 120 -unit assisted living; facility with
26 memory care units, 65 assisted care units, and 29 independent living; units, located at the Northwest
quadrant of the intersection of Oakgreen Avenue and 58th Street in the City (the "Project "), (ii) the
funding of one or more reserve funds to secure the timely payment of the Bonds; (iii) the payment of
interest on the Bonds during the construction of the Project; and (iv) the payment of the costs of issuing;
the Bonds. Green 'Twig, LLC, a Minnesota limited liability company, or an entity to be formed by Green
Twig, LLC (the "Borrower "), will own and operate the Project. The estimated aggregate principal
amount of the proposed Bonds will not exceed $ 16,000,000.
Following the public hearing;, the City will consider a resolution approving; a housing program
prepared in accordance with the requirements of the Act, and granting approval to the issuance of the
Bonds. A draft copy of the housing; program is available for public inspection during; normal business
hours, Monday through Friday, at the City Hall in the City.
The Bonds will be special, limited obligations of the City and the Bonds and interest thereon will
be payable solely from the revenues and assets pledged to the payment thereof. No holder of any Bond
will ever have the right to compel any exercise of the taxing power of the City to pay the Bonds or the
interest thereon, nor to enforce payment against any property of the City except money payable by the
Borrower to the City and pledged to the payment of the Bonds. Before issuing the Bonds, the City will
enter into an agreeimnt with the Borrower, whereby the Borrower will be obligated to make payments at
least sufficient at all times to pay the principal of and interest on the Bonds when due.
Anyone desiring; to be heard during this public hearing; will be afforded an opportunity to do so.
In addition, interested persons may file written comments respecting; the proposal with the City
Administrator at or prior to the public hearing.
3641930 JS[3 AK145 -2
Page 75 of 86
RESOLUTION NO.
RESOLUTION RELATING TO A MULTIFAMILY HOUSING DEVELOPMENT,
AND THE ISSUANCE OF REVENUE BONDS TO FINANCE: THE COSTS
THEREOF UNDER MINNESOTA STATUTES, CHAPTER 4620, AS AMENDED,
GRANTING PRELIMINARY APPROVAL THERETO; ESTABLISHING
COM- PLIANCE WITH CERTAIN REIMBURSEMENT REGULATIONS UDDER.
THE INTERNAL REVENUE CODE OF 1986, AS AMENDED, AND TAKING
CERTAIN OTHER AC'T'IONS WITH RESPECT THERETO
BE IT RESOI.,VED by the City Council of the City of Oak Park fleights, Minnesota (the "City "),
as follows:
Section 1. Recitals.
1.01. The City is a statutory city duly organized and existing under the Constitution and laws of
the State of Minnesota.
1.02. Pursuant to Minnesota Statutes, Chapter 462C, as amended (the "Act "), the City is
authorized to carry out the public purposes described in the Act by providing for the issuance of revenue
bonds to provide funds to finance or refinance multifamily housing developments located within the City.
1.03. As a condition to the issuance of such revenue bonds, the City must adopt a housing
program providing, the information required by Section 4620.03, subdivision 1 a, of the Act (the "I- lousing
Program "). A public hearing must be held in accordance with the requirements of Section 147(f) of the
Internal Revenue Code of 1986, as amended (the "Code "), and the requirements of the Act. The City
Council of the City must also grant preliminary approval to the issuance of revenue bonds to finance the
multifamily housing development referred to in the Housing Program, and authorize the submission of an
application to Minnesota Management & Budget for an allocation of bonding authority with respect to the
Bonds (as hereinafter defined) to finance the Project (as hereinafter defined).
1.04. Green Twig, LI,C., a Minnesota limited liability company (the "Borrower "), has proposed
that the City, pursuant to the Act, issue its revenue bonds in an aggregate principal amount not to exceed
$16,000,000, in one or more series at one time or from time to time (the "Bonds "), the proceeds of which
will be loaned by the City to the Borrower to be applied by the Borrower to the acquisition, construction,
and equipping; of an approximately 120-unit assisted living facility with 26 memory care units, 65 assisted
care units, and 29 independent living units, located at the Northwest quadrant of the intersection of
Oakgreen Avenue and 58th Street in the City (the "Projeet" ). The Borrower will apply the proceeds of
the loan to the: (i) the acquisition, construction and equipping of the Project; (ii) the funding of one or
more reserve funds to secure the timely payment of the Bonds; and (iii) the payment of the costs of
issuing the Bonds.
1.05. Under Section 147(f) of the Internal Revenue Code of 1986, as amended (the "Code "),
prior to the issuance of the Fonds a public hearing duly noticed must be held by the City Council. Under
Section 462C.04, subdivision 2, of the Act, a public hearing must be held on the housing program after
one publication of notice in a newspaper circulating; generally in the City, at least fifteen (15) days before
the hearing.
364192 3 JSB AK 145 -2 1
Page 76 of 86
1.06. Under Section 146 of the Code, the Bonds must receive an allocation of the bonding
authority of the State of Minnesota. Au application for such an allocation must be made pursuant to the
requirements of Minnesota Statutes, Chapter 474A, as amended (tile "Allocation Act ").
Section 2. Preliminary Findings. Based on representations made by the Borrower to the City to
date, the City Council of the City hereby makes the following preliminary findings, determinations, and
declarations:
(a) The Project consists of a housing development designed and intended to be used for
rental occupancy.
(b) The proceeds of the Bonds will be loaned to the Borrower and the proceeds of the loan
will be applied to: (i) the acquisition, construction, and equipping of the Project; (ii) the funding of one or
more reserve funds to secure the timely payment of the Bonds; and (iii) [lie payment of the costs of
issuing the Bonds. "file City will enter into a loan agreement (or other revenue agreement) with the
Borrower requiring; loan repayments from the Borrower in amounts sufficient to repay the loan when due
and requiring; the Borrower to pay all costs of maintaining and insuring the Project, including taxes
thereon.
(c) In preliminarily authorizing the issuance of the Bonds and the financing; of the
acquisition, construction, and equipping of the Project and related costs, the City's purpose is to further
the policies of the Act.
(d) The Bonds will be limited obligations of the City payable solely from the revenues
pledged to the payment thereof, and will not be a general or moral obligation of the City and will not be
secured by or payable from revenues derived from any exercise of the taxing powers of the City.
Section 4. Public Hearing. The City will conduct a public hearing on 'Tuesday, March 30, 2010
or such other date as determined by the City Administrator as provided below, on the Housing Program,
the Project, and the issuance of revenue obligations by the City, notice of which hearing; (the "Public
Notice ") will be published as required by Minnesota Statutes, section 462C.04, subdivision 2, of the Act,
and Section 147(t) of the Internal Revenue Code of 1986, as amended. The City Administrator is hereby
authorized to establish a date for the public hearing and to cause the publication of the Public Notice in
accordance with applicable law. The Public Notice will provide a general, functional description of the
Project, as well as the maximum aggregate face amount of the obligations to be issued for the purposes
referenced above, the identity of the initial owner, operator, or manager of tile Project, and the location of
the Project. The Public Notice is authorized to be published in a newspaper circulating generally in the
City on a date at least fifteen (15) days before the meeting of the City Council at which the public hearing
will take place. At the public hearing reasonable opportunity will be provided for interested individuals
to express their views, both orally and in writing;, on the Project and the proposed issuance of such
revenue obligations.
Section 5. Housing Program. Bond counsel, as described below, shall prepare and submit to the
City a draft Housing Program to authorize the issuance by the City of up to $16,000,000 in revenue bonds
to finance the acquisition, construction, and equipping of the Project by the Borrower. Tile City
Administrator is hereby authorized to review, approve and submit the Housing Program to the
Metropolitan Council for its review on or before the date of publication of the Public Notice.
Section 6. Preliminary Approval. The City Council hereby provides preliminary approval to the
issuance of the Bonds in the approximate aggregate principal amount of $16,000,000 to finance all or a
portion of the costs of the Project pursuant to tile; Housing; Program of the City, subject to: (i) review of
3641920 JS13 AK 145-2 2
Page 77 of 86
the Housing Program by the Metropolitan Council; (ii) receipt of an allocation) of the bonding authority
from the State of Minnesota; (iii) a public hearing as required by the Act and Section 147(f) of the Code;
(iv) final approval following the preparation of bond documents; and (v) final determination by the City
Council that the financing of the Project and the issuance of the Bonds are in the best interests of the City.
Section 7. Submission of an Apolication for an Allocation of Bondinfx Authoritv. Under
Section 146 of the Code, the Bonds must receive an allocation of the bonding authority of the State of
Minnesota. An application for such an allocation must be made pursuant to the requirements of the
Allocation Act. The City Council hereby authorizes the submission of an application for allocation of
bonding authority pursuant to Section 146 of the Code and the Allocation Act in accordance with the
requirements of tile Allocation Act. The Mayor of the City, the City Administrator, and
Kennedy & Graven, Chartered, acting as bond counsel with respect to the Project and the Bonds, are
hereby authorized and directed to take all actions, in cooperation with the Borrower, as are necessary to
submit an application for an allocation of bonding authority to Minnesota Management & Budget.
Section 8. Reimbursement of Costs under the Code.
8.1. The United States Department of the Treasury has promulgated regulations governing the
use of the proceeds of tax - exempt bonds, all or a portion of which are to be used to reimburse the City or
the Borrower for project expenditures paid prior to the date of issuance of such bonds. Those regulations
(Treasury Regulations, Section 1.150 -2) (the "Regulations ") require that the City adopt a statement of
official intent to reimburse an original expenditure not later than sixty (60) days after payment of the
original expenditure. The Regulations also generally require that the bonds be issued and the
reimbursement: allocation made from the proceeds of the bonds occur within eighteen (1 8) months after"
the later of'. (r) the date the expenditure is paid; or (ii) the date the project is placed in service or
abandoned, but in no event more than three (3) year's after the date the expenditure is paid. The
Regulations generally permit reimbursement of capital expenditures and costs of issuance of the bonds.
8.2. To the extent any portion of tl)e proceeds of the Bonds will be applied to expenditures
with respect to the Project, the City reasonably expects to reimburse the Borrower for the expenditures
made for costs of the Project from the proceeds of the Bonds after the date of payment of all or a fortiori
of such expenditures. All reimbursed expenditures shall be capital expenditures, a cost of issuance of the
Bonds, or other expenditures eligible for reimbursement under Section 1.150- 2(d)(3) of the Regulations
and also qualifying expenditures under the Act.
Based on representations by the Borrower, other that) (i) expenditures to be paid or reimbursed
frorn sources other than the Bonds, (ii) expenditures permitted to be reimbursed under prior regulations
pursuant to the transitional provision contained in Section 1.150 20)(2)(i)(B) of the Regulations,
(iii) expenditures constituting preliminary expenditures within the meaning of Section l .I50- 2(f)(2) of the
Regulations, or (iv) expenditures in a "de minirnus" amount (as defined in Section 1.150- 2(f)(1) of the
Regulations), no expenditures with respect to the Project to be reimbursed with file proceeds of the Bonds
have been made by the Borrower more than sixty (60) days before the, date of adoption of this resolution
of tile City.
8.3. Based on representations by the Borrower, as of the date hereof, there are no funds of the
Borrower reserved, allocated on a long term -basis or otherwise set aside (or reasonably expected to be
reserved, allocated on a long -term basis or otherwise set aside) to provide permanent financing for the
expenditures related to the Project to be financed from proceeds of the Bonds, other than pursuant to the
issuance of the Bonds. This resolution, therefore, is determined to be consistent with the budgetary and
financial circumstances of the Borrower as they exist or are reasonably foreseeable on the date hereof.
3641926 JSB AK 145-2 3
Page 78 of 86
Section 9. Costs. The Borrower will pay the administrative fees of the City and pay, or, upon
demand, reimburse the City for payment of, any and all costs incurred by the City in connection with the
Project and the issuance of the Bonds, whether or not the Bonds are issued.
Section 10. Commitment Conditional. The adoption of this resolution does not constitute a
guarantee or a firm commitment that the City will issue the Bonds as requested by the Borrower. If, as a
result of information made available to or obtained by the City during its review of the Project, it appears
that the Project or the issuance of Bonds to finance or refinance the costs thereof is not in the public
interest or is inconsistent with the purposes of the Act, the City reserves the right to decline to give final
approval to the issuance of the Bonds. The City also retains the right, in its sole discretion, to withdraw
from participation and accordingly not issue the Bonds should the City Council, at any time prior to the
issuance thereof, determine that it is in the best interests of the City not to issue the Bonds or should the
parties to the transaction be unable to reach agreement as to the terms and conditions of any of the
documents for the transaction.
Section 11. Effective Date This resolution shall be in full force and effect from and after its
passage.
(The remainder of this page is intentionally left blank.)
364192v3 JSJ3 AK)45 -2 4
Page 79 of 86
Adopted by the City Council of the City of Oak Park I (eights, Minnesota, on Februaiy 23, 2010.
CITY OF OAK PARK HEIGHTS, MINNESOTA
Mayor
Attest:
City Clerk
3041920 JS13 AK 145-2 5
Page 80 of 86
$wo�B�n�
o ill
omSuw^ Sixth x'm,
K&inne^pu|i, w/""m,v//^.uw55m2
Saint Paul (612)337-930"+1111011"
'o/z) 337-93 10 6,
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JENNY BQUlTOM
oiwuDial: (612) M-9202
o�x�L jbov}wu��kco^rdy'��mnuzum
Fcbruury|9,2O|O
City ofOak Park Rci8|nu
P.0. Box JO07
Oak Park Heights, 80N 55082-3007
Attention: Eric Johnson
Re: City of Oak Park Heights, Minnesota — Multifamily Housing Revenue
Bonds /Owkgrwum Commons Prw'eu/h, Series 2Wl0
Dear Eric:
We have been asked to serve as Bond Cuuuom} in cnuuoubun with the issuance of the above referenced
bonds in an approximate aggregate principal amount not m exceed $16.000,000 (the "Bonds") to be
issued by the City ofOak Park Heights, Minnesota (the "Issuer") and undoovdmou bv Dougherty and
Company, L.LC (the ^^Underw/|tcr`). The proceeds v[ the Bonds will be loaned by the Issuer k^Green
Twig, LLC, u Minnesota U/u[md liability company (the "Bor and used to pay for certain 000{n
incurred by t Borrower io connection with financing tile acquisitio construction and equipping ofall
upprnu{onato|y 120-unit assisted living facility with 26 memory care units, 85 xouiu{ed care units, and 29
independent living units located thereon (the "Pnjcot").
In performing Our xorv|mux as Bond Counsel, our client will be the [suuoc Our principal responsibility as
Bond Cuuoxu{ is to provide the Issuer, the Borrower and the Underwriter uu expert opinion (|h: "Bond
Opinion"), upon vvb(oh each of Uhcm and the bolUcm of the Bonds may rely, as to (i) tbc validity and
onOnruoubi|i<y of tho Bonds and dle Issuer's ohhguiuuv under the financing documents, and (
czonpdou of interest on the Bonds from federal and Mbnnponbv income /qzpo. We will also uaoum:
principal responsibility for drafting the financing documents and any security documents agreed unhvthe
parties,
'
As Bond Counsel, we expect to provide for inclusion in tile Official Stateme or ot documents hv
which the Underwriter will x� the Bonds 10 investors (the "Offering 1 m�
n8 Do�um�n�, u mmoryof th
'
documents we have drafted and to comment on those parts of the Offiering Document which describe tax
matters relating to the Bonds. We do not however, uxnome any ^oupouoib|ilty for other puov of tile
Offering Document, including particularly those parts describing tile Borrower or any other obligor or its
properties. We do not expect to give any opinion with nonpoot W the Qonowu,`x participation in the
financing or the status of title or the priority of any mortgage lien or security interest securing the Bonds,
As to dhcnu and other matters the parties will be relying upon the opinion to he given by counsel for tile
Borrower or upon u policy oy title insurance,
364513wJSoAx145-2
Page a1mao
The Bond Counsel opinion will be executed and delivered by us in written form on the date the Bonds
are purchased by the Underwriter and will be based on facts and law existing as of that date, Upon
delivery of the Bond Counsel opinion, our responsibilities as Bond Counsel will be concluded with
respect to this financing.
In rendering the Bond Counsel opinion, we will rely upon representations of the Issuer, the Borrower and
the Underwriter set forth in the financing documents, the certified proceedings, and other certifications of
public officials, officials of the Borrower and other persons (including certifications as to the use of Bond
proceeds and various tax matters) without undertaking to verify the saute by independent investigation,
As Bond Counsel, we do not review the financial condition of the Borrower or the financial feasibility of
the financing, and we will express no opinion relating to the foregoing.
We wish to point out to the parties that while the Underwriter has engaged or will engage separate
counsel for this transaction, we have represented the Underwriter from time to time in the past on legal
matters unrelated to the present financing and may do so in the future. While these unrelated
representations may be "adverse" under applicable ethics rules, this letter will confirm our understanding
that the parties are agreeable to our acting as Bond Counsel in this proposed financing notwithstanding
our representation of the Underwriter on unrelated matters, If our understanding is not correct, please
contact us,
We understand chat the Borrower will be responsible for payment of our fees and disbursements as Bond
Counsel. Our fees will be based upon: (i) our current understanding of the terms, structure, size and
schedule of the financing represented by the Bonds and (ii) the time we anticipate devoting to the
financing. Such fee may vary: (i) if the principal amount of Bonds actually issued differs significantly
from the amount stated above, (ii) if the manner in which the Bonds are marketed (private placement,
public offering, etc.) changes, (iii) if material changes in the structure of the financing occur, or (iv) if
unusual or unforeseen circumstances arise which require a significant increase in our time or
responsibility. if the Bonds are in fact issued we will submit our statements for services and
disbursements to the Borrower at the closing,
If the transaction is cancelled before closing for whatever reason, we would then submit our bill to the
Borrower for the time expended and disbursements made by us to the date of termination at our standard
hourly rates.
Our representation of the Issuer as Bond Counsel is not contingent on waiving any future conflicts with
other clients of Kennedy and Graven, Chartered.
If the foregoing omits or misstates any item, please contact me. Otherwise, we will assume our
participation as Bond Counsel and the scope of our engagement as Bond Counsel are acceptable to you,
We are pleased to be working on this matter and look forward to bringing it to a successful conclusion,
Very truly yours,
tiny Bost on
CC" Jim Mayer
Tim Nolde
Bob Deike
36 JSB AK145 -2
Page 82 of 86
Oak Park Heights
Request for Council Action.
Meeting Date: February 2Rrd ,2010_ ._ ...
__..___.._ ._.
Time Required: Minutes
Agenda Item Title: Stillwater Area Public Schools -- Readiness & l: mervency Manaizeenent - Schools Grant
Agenda Placement: New "usit
Originating Department /Re ric Jc�hnsc�n Administrator
Requester's Signature
Action Requested see _elow.
f
Background /Justification (Please indicate if any previous action has been taken
or if other pihlic bodies have advised).-
The Stillwater Area School District is seeking a grant froin U.S. Dept of Education for Emergency
preparedness. That application must include statements fion7 local governmental agencies (partners)
that do support the application and will endeavor to assist the District in the event of unfortunate
and /or catastrophic situatiori.s.
Chief DeRosier and I have both discussed this proposal with Mr. Dennis Bloom and feel that the
commitments made in the documents attached can be reasonably accommodated given current
resources.
Director of Operations - Mr. Dennis Bloom will be present to make a short presentation
R equested Actions.
Approve Partner Agreement 4l _.. Local Law Enforcement Agency --• Chief of Police to
sign.
Approve Partner Agreement 9.5 — Local Government — Mayor to sign.
Page 83 of 86
188; Sou ill Grcc°Ic y SO(!vI
5lillwatcr, PNinncsola i5u$2
���MILMIATE R AREA PUBUIC ScrHOOIL cl,G,i €sl f33,tr3
lax; Gyp :tyz - 83iiv
INDEPENDENT SCHOOL DISTRICT 834 kid: ,l- 3 °i1- tr33t
www.stilha +alera«�.mn.us
Stillwater Area Public School District
Readiness and Emers!encv Management for Schools Gra it
Stillwater Area Public School District is working in collaboration with Northeast Metro School District to
enhance and improve their School Emergency Management program. A key aspect of this project is to
secure funding through the U.S. Department of l duration's Office of Safe and Drug -Free Schools by
applying fora Readiness and Emergency Ma nagement of Schools Gant (RI MS), If secured, the grant
would help fund the development of trai programs for trey staff who would be part of the district and
site emergency response teams. Funding may also allow us to secure additional emergency equipment.
To be considered for this grant, districts must show willingness and commitment to work in partnership
with local law enforcement, emergency services, fire depart €rents, and city governments.
NEED xOR PROJECT
A review of district emergency management capacity indicates that while efforts have been made and
solve tlleasures are i ll place, work still needs to be done at the school site level, district level, and
externally in collaboration with community partners to adequately address the unique needs of students
and staff.
PROUc MsIGN
Stillwater Area Public School District is comm€ttecl to providing a safe learning environment for all
students and staff by addressing factors which impact safety. Ili particular, in relations to external
partnel's at the community level to fully and realistically address the unique and significant safety needs of
the student populations. The REMS Grant will serve as a catalyst and opportunity to engage the
expertise of key community groups. 'I'h €s Includes local emergency management fire and rescue, law
enforcement, public health, community mental health. Other resources will guide and focus attention
around the safety requirements of students, including those with special needs, for families, teachers and
other key stakeliolders in alignment with the National Incident Management System (NIMS) guidelines.
GOA1.,
Emergency Plain Development . To create and test a comprehensive, sustainable emergency plan to
address and align with NIMS Mitigalion/Prevention, Preparedness, Response and recovery phases using
best practices and training at all levels within the partner districts and in coordination with keY
corm unity partners
Attached please find a Partnership Agreement which is required as part of the grant application.
We are excited about the prospect of a partnership between District. and local emergency personnel in a
combined effort of preparing our comma €lities and schools to respond to emerge €Icy situations.
February 1$ 2010 - Submitted B Dennis Bloom — Director of O Aerations
Afton- 1_rrkekmd Oemenlcuy, Andersen Eh?menlary, harly Childhood Family Center; take h1mo laemenfory. Lily lake Oemenrruy,
Morim? Elamemory, Ouk Park l.=hnrrc Wory, Chile- Infant Jrarrior high, Rulher ord l-lemewary, St, Croix Valley Area learning Cenlcr,
5fonrhrirfrfel:aeurc °nrrrry, . Sfillwafer�ir< >crhliglrSrlx�ol, .51i1luvalerJrrniorllirllr, Val leyfrossim?(onrrrrtrnitVschool, 4+ Vithrowriemerrfary
Page 84 of 86
City Of
.,.,Oak Park Hein hts
14168 Oak Park Blvd. N . Box 2007.Oak Park Heighis, .M 55082 ® Phone (651) 439 -0439 e Fax (651) 439 -0574 ..,.,
Partner Agreement o Local Government
Local Government Partner Agreement
Below is a signature of the head of our local government (i.e. the county executive, the
mayor, the county manager, head of the town council) agreeing to the roles and the
responsibilities outlined below:
Agency City of Oak Park Heights, MN
Signature:
Title: Mayor David Beaudet
Date:
Description of roles and responsibilities in improving and strengthening emergency
management plans at the LEA and school - building levels and a description of the
partner's commitment to the continuation and continuous improvement of emergency
management plans at the LEA and school building levels:
The Mayor and the City Council of the City of Oak Park Heights MN, believe that the
safety and welfare for the citizens is a primary priority. The Mayor and City Council of
the City of Oak Park Heights does ,support the Stillwater Area School District 834 in their
efforts of planning, prevention, preparedness for unfortunate and /or catastrophic events.
The City of Oak Park Heights is committed to working with community partners to
ensure overall community safety and emergency response and planning.
TREE CITY U.S.A.
Page 85 of 86
POLICE DEPARTMENT
CITY OF OAK PARK
HEIGHT .................. ...............................
14168 OAK PARK BLVD. NORTH - P.Q. BOX 2007
OAK PARK HEIGHTS, MINNESOTA 55082
. TELEPHONE: (651) 439.4723
FAX: (651) 439 -3639
EMERGENCY: 911
Partner Agreement 1: Local Law Enforcement Agency
Local Law Enforcement Agency Partner Agreement (REQUIRED)
Below is a signature representing the head of our community -based law enforcement
agency (i.e. local police, sheriff's office whose jurisdiction covers a majority of the
schools in the district) agreeing to the roles and the responsibilities outlined below:
Agency Title: Oak Park Heights Police Department
Signature: Brian DeRosier =�
Title: Chief of Police
Date: 0a// l 0
Description of roles and responsibilities in improving and strengthening emergency
management plans at the LEA and school- building levels and a description of the partner's
commitment to the continuation and continuous improvement of emergency management plans
at the LEA and school building levels:
The Oak Park Heights Police Department provides the primary law enforcement response to the
Stillwater Area High School,
The Oak Park Heights Police Department in conjunction with the Stillwater Area School District
834 provides a full time SRO / Police Officer presence at the Stillwater Area High School during
the school year.
The Chief of Police of Oak Park Heights is MN Certified Emergency Manager for the City of Oak
Park Heights, overseeing resources of the City of Oak Park Heights and contracted services of
the City of Bayport Fire Department.
The Oak Park Heights Police Department officers are all trained in NIMS. The City has adopted
NIMS. The Oak Park Heights Police Department will assist District 834 in adopting and working
within NIMS to assist in planning, preventing, responding and recovery.
The Oak Park Heights Police Department will provide expertise and participation in emergency
and crisis planning / prevention / preparedness / and collaborate with the school and community
partners in response and recovery activities.
Page 86 of 86