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HomeMy WebLinkAbout06-22-10 Council Packet CITY OF OAK PARK H EIGHTS TUESDAY, JUNE 22 2010 CITY COUNCIL MEETING AGE NDA 7 :00 P.M. 7:00 p.m. I. Call to Order /Pledaze of Allc�Jancc /Approval of Agenda Lsliniated limes 7:00 p.m. II. Report from Citv Attornev Re�_lardina Closed Session Held on Mav 25, 2010 7:05 p.m. III. Department /Council Liaison Reports A. Planning Commission B. Parks Commission C. Water Management Organizations D. Other Liaison /Staff reports 7:10 11.111. 1V. Visitors /Public Comment Recycling Award (1) 'Phis is an 0l7poT 1br the 1XubliC 10 address 1110 CounCil With t1UCS1iO1lS or a7ncen7s colt issues not pore Of' tile regillar as,enda. (Please limit comments to 3 millUtes ill len.;fll) 7:15 p.m. V. C:c nsent_A_)e 1, (Roll Call Vote) A. Approve Bills & Investments 13. Approve City Council Minutes . - May 25, 2010 (2) C. Approve: Resolution Recognizing the Contributions of Warren Wasescha as 0A Park heights Planning Commissioner 2004 -2010 (3) 1). Planning Commissioner Appointment: Chuck Dougherty (4) 1:. Approve and Appoint 2010 Election .fudges (5) F, .1orgenson C'onstmCtlOil lne. 12' Payment for Nc\v City hall Project (6) G. Approve License For Sale /Storage of Consunlel Fireworks at Will -Mart Parking Lot For Chris Ulmer, TNT Fireworks (7) 11. Miller Excavatillo, Ine. I" Payment for 2010 Storm Sewer Improwments (8) 7:20 p.m. V1. Public ...1- l_cal.in_gs None 7:20 p.m. 1 Old Busincss A. City I Iill Facility (no enclosin 7:30 p.nl. VIII. New Business A. Schedule 13uclget Workshops (9) 13. Approve Chiefof Police Attendance at Staff and Co111117a11d School (10) C. Alcohol Compliance Failure Oak Part: Wine & Spirits (11) 1.). Discussion About the Use ol'C.'iiy "I railslRoaclways for Cioll'Carts and Other Mobility Dcvices (12) Page 1 of 76 City COLI11C11 Agenda JLme 22, 2010 Page 2 E. Aldi, Inc. — Preliminary & Final flat, Design Guidelines Review and Variance Request (13) 1". 2010 Scal Coat 1 rgject (14) G. Discuss Possible Ordinance Related to "Social I- losting" (1 5) 8:00 P.M. Ix. Closed Session (closed pursuant to Minn. Stat. 13.4.05) A. Annual Performance Review .--. City Administrator 13. Labor Negotiations and Contacts 8:30 p.m. IX. Adjournment Page 2 of 76 �, � A Oak Park Heights Request for Council Action Meeting Date .Tune 22. ?Ol () Agenda Item Recyclin, Aw ird .. . fine Required_ Agenda Placement Visitors /Public Comment Originating A(lrliinistra /.]mil'l'er Pinsk' — � Requester's Signature --- -------- Action Requested Receive Inl ation- __.__..._ ................. .. . . .- 13ackc,rotnid /.lustilication (]'lease indicate any previous action has been taken or il'other public bodies have been advised). Page 3 of 76 CITY OF OAK PARK HEIGHTS 14168 Oak Pail( Boulevard ISO. ° P.O. Box 2007 ° Oak Park Heights, ieights, 14N 5508 20(]7 ° Pkinne; 651/439 -4439 Fax: 65 1/439 -0174 June 11, 2010 Bobbie Boettcher 14823 Upper 55`" Street North Oak Park Heights, MN 55082 Dear Bobbie: 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, June 10, 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.,,'....,.. Jennifer Pinski Administrative Secretary /Deputy Clerk (U.S.A. _ ..� ,..,.w.r,,.:.,v,b,+v.V uw�,. ��si • �"aS.,ae,,,;uc�.,,,d�.,.0 Tree C ty Page 4 of 76 CITY OF OAK PARK HEIGHTS 14168 Oak Park Boulevard No. • Y.O. 13ox M07 ° 0a1< Park Heights, MN 55082 -2007 ° Phone: 051M39 -4439 ° Pax, (151/439 -0574 June 18, 2010 Terry & Susan Fredrickson 5640 Newell Circle North Oak Park Heights, MN 55082 Dear Terry & Susan: 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, June 17, 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. Congratulation`s - t Jennifer Pinski Administrative Secretary /Deputy Clerk n.me.rarour«a»w :�+:w.'S�s� - =`- ----=. �s: .n..e,.xrre.+rau,:,w�s,.nxr.:n YGPkfl�9[ �rlTn '""'---- °- v ._...•LL••..�- ,ffi r I I ree City U. S.A. Page 5 of 76 This Page lo Left Intent Blank. � / � � � / ! ! � ! � Page om7n � � Oak Park Heights Request for Council .Action Meeting Date _.__......_..___ .Tune 22, 2010 Agenda hcm__At )rovc C ity_,Cc� ncil Minut( s,s — !lay 25, 2010 1 "in�e Required 0 Agenda Placement Consent Originating Department /Recluestol• Admirtisti•ation /.Iennil I'inski Requester's Signature . Action Requested, Approve Minutes Ilackgro�incl /.lustilieation (Please indicate any prcvious action has been taken or if other public bodies have been advised ). Sc,e attwhed. Page 7 of 76 CITY GE GAIL PARK HEIGHTS 7:00 P.M.. TUESDAY, MAY 25, 2010 CITY COUNCIL MEETING MINUTES I. Call to Oi-der/PIediw of Alleakince /Alma -oval of Aayenda: The meeting was called to order at 7:00 p.m. by Mayor I3eaudet. Present: Councilmembers Abrahamson, McComber, Runk, and Swenson. Staff present: City /administrator Johnson, City Attorney Vicrling, City Engineer Long, and City Planner Richards. .Absent: None. Mayor Rcaudet added "Invite Comeast to .June Council Meeting" as New BLISiness Iterll 1).. "Transfer $ 150,000 from Capital Revolving Fund to FDA'' as New Business Item t", and "NLC ball Con 'crencc" as New Business Item 1 -. Councilmember McComber, seconded by C.ouncilmember Swenson, moved to approve the Agenda as amended. Carried 5 -0. Il. I)eima tmelrt /Council Liaison Re yo1-ts: A. I'lannim—) C'.oi missi.oli; City Planner Richards reported that the last nneeting of the Planning Commission was on May 13, and they made a recommendation on the design guidelines update. He staled an application liom Aldi would be on the June agenda. Richards reported another application was received from White Castle and would be on the July agenda. B. Parks Commission: ('oluICllnle:ra)ber' Mc(:omber reported that the next Parks Commission electing was set for June 21 at 6:30 p.m. at City 1 hall. She stated the Parks Commission did a part: wall through prior to the last meeting and created an extensive list for budget discussions. C. Water Mammement On -nmi atio_ns /Middlc_St._C„'roi_x_ Mayor I3eaudet reported that the Next mecting of the Middle St. Croix Watershed Management Organization was scheduled for .July 8 at 7:00 p.m. at the Washington Conservation District Oflice. Ile reported there would he no meeting in June. 1). Other Liaison /Staii'Re»orts: Councilmen) bet McComber reported that the I..eague of Minnesota Cities early registration fee had been extended until up to the date of the conference. III. Visitol•s /1 1 11blic Columenl: Reevchm Award: Administrative Secretary 1 reported that Deloris ICojetin 01'5910 Oldfield Avenue North was chosen as the recycling award winner. Page 8 of 76 City Council Meeting Minutes May 25, 2010 Page 2 of 5 IV. Consent ALenda: A. Approve Bills & Investments B. Approve City CounCil Minutes - May 1], 2010 C. Approve License for Sale /Storage of Consumer Fireworks at Wal -Mart D. Jorgenson Construction, Inc. 11"' Payment for New City III €]l E. Approve Resolution to Participate in NLC Prescription Discount Gard Program 1', City Cock of Ordinances -- Update CC] 02 Master Fee Schedule C:OUnCilmember McComber. seconded by Councilmember Runk, moved to approve the Consent agenda, Roll call vote taken. Carried 5 -0. V. Public Heai - imzs: None VI. Old Busillos: A. City Hall Facility: Randy l;ngel of'Buetow and Associates. the architect on the City I lali project, reported that there Nvas a surplus amount of retaining wall units installed near the clrivcway to the garage, l le stated there were three options for those units: leave them as is and possibly cap them, move them to the west facing fine Grog ?c Gardens, or haul them off- site. Councilmember Swenson stated the City needed to have a discussion with fine Grove Gardens to see if'they are agreeable to the blocks being moved Facing their site. COLUICilmembel' McGomber, seconded by Councilmember Abrahamson, moved that the blocks should be moved to the west if agreeable to the neighbors. and il'not they should be removed. Carried 4 -1. I3eaudet opposed. Mayor Beaudet reported that the old City Mall was in the process of being demolished. I le state an open house was held in the new City 1 ]all oil May 15 and thanked those who came far the event. Randy Kugel reported that the next step was geothermal well installation, then parking lot installation. B. Desi , -n Guidelines Update: City Planner Richards reported that the Planning Commission changed the order of'the draft ordinance but did not change any provisions. Mayor Beaudet questioned whether the definition of'remodeling should be added. Richards stated that the ordinance states to defer to the definition in the Webster's Dictionary. Bcaudet stated staff Page 9 of 76 City Council Meeting Minutes May 25, 2010 Page 3 of 5 should look into whether adding the definition to the ordinance would be valuable. Councilmember Runk, seconded by Councillllember McGomber, moved to approve the Resolution making the changes. Roll call vote taken. Carried 5 -0. C. I I CI3G ... Approve Contract and SuoportinR Resolution: Councilnnember Swenson, seconded by Councilmember Mc(".omber, moved to support t11e: Resolution. Roll call vote taken. Carried 5 -0. Councilmember Swenson, seconded by Co1111e11111CMI (:I' Runk, moved to approve the contract documents and authorize; the mayor and administrator to sign. Roll call vote taken. Carried 5 -0. 1). l'inance Director: City Administrator Johnson reported that a committee was appointed to review applications for the Finance Director position. Ile stated the committee held five interviews, MUTONVed the candidate pool down to three fora second interview, and requesters background checks on the top two candidate choices. Johnson noted that all were great candidates. C.ouncilmember Abrahamson, seconded by Councilmcint r Swenson, moved that the position be offered to Betty Cac Councllmember AbI'ahamson, seconded by C:ounc11n1ember Swenson, amended the main mo tion to allow staff the appr {)]�l'late Ise \Ibllit) t0 make the appropriate offer. Carried 5 - 0. Main motion carried 5 -0. Mayor I3eaudet thanked the Finance Director committee members. V11. New Business: A. Transfer of Conditional Use Permit (Amended) - -- Light Year Auto LLC to Original Owner Auto, Inc.: City Planner Richards reported that Ryan Redmon of Original Owner Auto, Inc. \vas looking to take over the CUP from the last business that occupied the space at 14398 59"' Street North. Richards reported that staff recommended one provision be added to the CUP which was that upon vacation of the premises by the automobile sales business, the applicant or property owner must contact the City of Oak Park I- Ieights. Page 10 of 76 City Council Meeting Minutes May 25, 2010 Page 4 of 5 Councilmember McComber, seconded by Councilmember Swenson, moved to approve the Resolution as written. Roll call vote taken. Carried 5 -0. B. Amendment to City Planning Consultant firms: City Administrator 3ohnson reported that City Planner Richards was leaving NAC to partner with 'T'I'C. Ile stated the City had a 20 year history with NAC and that all services were provided by Richards. Johnson stated that staff recommended continuing that relationship with Richards at the new company. Dan I..icht of ITC Nvas present at the meeting and stated he was with NAC until he left to start the new business. I le stated it was the expectation that the transition would be scam less if Oak Park I leights approved the <l ,reenlent to trailsler services. Councilnlember Swenson questioned it there would be records that would have to be transferred. City Administrator Johnson states] there would likely be records that could possibly be transferred electronically. Councilmember Abrahamson, seconded by Mayor Beaudct, moved to authorize the City Administrator to negotiate and execute a service agreement with TPC to be effective .tune 1, 2010 subject to the review of' the City Attorney with a rate similar to NAC. Carried 5 -0. Councilmenlber Abrahamson, seconded by Councilmember Runk, moved to authorize the City to fiend a communication to NAC inl theill o'I the City's termination ol' its relationship effective July 1, 2010 and that they provide copies of City - related documents that the City may deem as necessary. Carried 5 -0. C. Approve Resolution Proclaiming .Rule 12, 2010 as a "Play Day" in the City of Oak Park I Ieimllts: Councilmenlbcr McComber reported that a Play Day needed to be proclaimed as part ol'the application process foi' the Playfiil City USA designation that the council supported moving ['onward With. Councilnlenlber McComber, seconded by C.ouncilnlember Runk, moved to approve the Resolution with the correction made by Mayor Beaudet. Roll call vote taken. Carried 5 -0. D. Invite Conlcast to .tune City Council Meeting: Mayor Beaudet reported that the signal for the local access channel was analog and that the cable commission wanted the signal to come in digital format. Page 11 of 76 City Council Meeting Minutes May 25, 2010 Page 5 of 5 Mayor I3eaudet, seconded by Councilmember McComber, moved to invite Comeast to the .Tune City Council sleeting to explain why the signal was not digital. Carried 5 -0. I:.. 'Transfer $150,000 from Capital Revolvin <,, Fund to FDA: Mayor 13eaudet, seconded by Councilmember Swenson, moved to transfer $150,000 from the Capital RevoNing Fund to the F'DA contingent on if the I DA Foes Forward with the purchase of property. Carried 5 -0. 1 ". NLC: Fall Conf crence: Councilmember McComber reported that the early registration deadline for the NLC Conference was .Tune 1. She stated she was the vice-Cha for the 1?conomic and Regions €l Development Committee and on the Small Cities Steering Committee. Councilmember Swenson, seconded by Comwilmember Runic, moved to allow the expenditure for council to attend the NI..0 conference with hinds coming from council contingency. Ca rried 4 - 1, 13eaudet opposed. Vlll. Closed Session: A. Q— is 011 PossibIc Land Accl _�closcd,.��> = €rsu� €tit. to Minn, 5tat. 13..c {A : City Attorney Vierling stated that it was the recommendation of the City Attorney that pursuant to Minnesota Statute I ).d.05, the Council conclude its regular session and go into a closed session under the Economic Development Authority. Mayor Beaudet, seconded by CO Lill Cllmember Runic, moved to authorize such actiotl. Carried 5 -0. City Attorney Vierling reported that any action taken would be annouticed at the next City C'oL►ncil mcctillg. IX. Ac iournment: Meeting ac €journed at 7:40 p.m. Closed session adjourned at 7:55 pall. Respectfully submitted, Approved as to Content and Dorm, Jennifer Pinski David I3eaudet Administrative Secretary /Deputy Clerk Mayor Page 12 of 76 Fl- �Te Oak Park Heights Request for Council Action Meeting Date Junc 22, 2 010 Agenda Item Apl?rove Resolution Recognizi tllc Contributions of Warren Wases as Oak Park I leir- I'lanninR Com 2004 -2010 Time Req.. 0....... Agenda Placement Consen Originating Department /Recljrestot• Administration Re(Jucstcr`s .Action Requested Approve ....... . Background/Justification (Please indicate any previous action has been taker) or if other public bodies have been advised). See attached Resolution. Page 13 of 76 RESOLUTION 10 -06-21 CITY OF OAK PARK HEIGI-3TS WASHINGTON COUNTY, MINNESOTA A RESOLU'T'ION RECOGNIZING THE CONTRIBUTIONS OF WARREN WASESCHA AS OAK PARK HEIGHTS PLANNING COMMISSIONER 2004 — 2010 W IIEREAS, Warren Wasescha has served as a Planning Commissioner i - or the City of Oak Park I leights From 2004 to 2010; and WHEREAS, the City Council of the City of Oak Park I leights relies upon the recommendations ofthe Planning Commission to assist ill shaping the vision ofthe City devclolameiut itid growth; and WHE,,REAS, Warren Wasescha has served in the role as Planning Commissioner Vice Chair from 2007 to 2009; and WIIEREAS, Warren Wasescha has served in the role as 11Z €tuning Commissioner Chair from 2009 to 2010; and 'Vo'ITEREAS, Warren Wasescha in his capacity as a Planning Commissioner, has worked to assist the City of 0ak Parl( I leights ill shaping the vision ofthe City's develolumeiut and gro\� through her participation as a Commissione and WHEREAS, Warren Wasescha's contributions of time, effort and dedication to the Planning Commission have been valuable and sincerely appreciated; NOW, ` IIERET +ORE, T3E rr RESOLVED, that the City Council ofthe City of Oak Park I leights commends and thanks Warren Wasescha for his dedication and commitment to the interests ofthe citizens ofthe City of Oak Park Heights. Passed by the City Council of the City of Oak Park I Ieights this 22` clay of .tune, in the year 2010. David Beaudet, Mayon ATTEST: I:=,ric Johnson, City Administrator Page 14 of 76 r r G ®alp Park Heights Request for Council Action Meeting Date June 22, 2010 Agenda Item Title Planning Connnissioner APpointment: Chuck Dougherty Time Required __z m inute Agenda Placement Consent Originating Department /Requestor..Administration -- Julie. 1gltman Requesters Signature �1 Action Requested _ ]?1?c�iIIL Chuck Dou to..3.. -dear t in of 07-10 to >_3J-- 2c313_ liackgroulacl /Justification (Please indicate any previous action, financial implical ions including biid -et Information Ind recon Prior to their June loll Meeting, the Planning Con- imission interviewed applicants for the Commission vacancy created with the departure of Warren Wasescha. Two applications were received. During the course of their regular meeting, the Commission voted to recommend Chuck Dougherty for appointment to the Planning Commission. The Planning Commission recommends that the City Council appoint Chuck Dougherty to the Planning Commission for a 3 -year term commencing July, 207o and culminating May 31, 201 Page 15 of 76 This Page Is Left Intentionally ..Blank. i Page 16 of 76 f -' Oak Park Heights Request for Council Action Meeting Date ] Line 22 2010 Agenda Item and A 3poi 20|0Electi Jo� __������ TinnuKoq. U Agenda Placement _ Consent ______________.__�����__-_-_-__--��- (lriginu(og}}opudmoot/Rcgnux1or Adnoiubku�ou/��un��r�bxd� _ 8oqmcxx:r`x Signature __ ------------ __................................. _. .................. ... __����_----______� z1o{iouK0000xicd Appoint JLICI CS _ ............ ............... ._ ------- ��_ .......... ................. - . indicate uuy yrcvjouxau1iun has been taken or il'n8)ecpublio bodies have been odvixcd). Listed below are oio8'rconn000mn{m1ionx for 20}0 Blec{on Judges for your approval and appointment (sn|jectto satisfactory comoplo|ioonfroqoin:6|ruiniou). L�cotioo Judge pay is $10 per hour focjud&vaa $12 per hour for lead Judges. Patrick Vogel Jeanne MoUoo(I lead Judge) Kziaty Mov* E'rl a8nJuu|dy Mary K. Spencer Michael Reynolds WilmoEdb\uod JoeKbciobergez DituSchocncckor MurgutDboiubcrger Jodi}1ucfb l7iobun\Timondcr Sheryl Vandenberg Suzanne Vogt (}uyScdo/ski (I loodJudgc) ]uuo\\9c1<crgrcu (Head Judge) Mnggic}�ud John Baird Gene '^Taoo"]Joulkx Pat Watkins Mary Jo 8ouohic i}orisWu|immu Emilie Carlson Barbara DeWitt JnoCoroƒe\ ]ill Udoos D4aryEu»ler Bill HvdUTm /\o<oioet0e(]roacheo Marcia Nelson DunoldGnonohou l{o}ly Evans Page 17o,7o This Page Is Left Intentionally Blank. S KY. i Page 18 of 76 P A., . Oak Park Heights Request for Council Action Meeting Date June 22, 2010 Agenda Item Title Jorgenson Construction Inc, 12th Pavment for New Citv Hall Proiect: Agenda Placement Consent Originating Department/ Requestor Finance - Judv Holst, Deputy Clerk/ Finance Director Requester's Signature q g , . Action Requested Approve 12th navment 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 19 of 76 N MR iJlVhl'ai�l i ®'YlY,ii ® �l�i Ih, ' Y l �J��,l.' IiY�Y�61WY IiY�i♦r a4kW� Memo TO: Mayor and Council From: Judy I lolst, Deputy Clerk/Finance Director Date: June 17, 201 Re: New City Hall Project Please accept - for the June 22` Council meeting agenda the attached request for payment to Jorgenson Construction Inc. in the amount of $97,185.00 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 93% complete. The Finance Department recommends approval of this payment upon receipt of the lien waiver. Thank You Page 20 of 76 APPLICATION AND CERTIFICATE FOR PAYMENT (AIA DOCUMENT G702) CUST: OF - OAK PARK HEIGHTS TOB:OAK PARK HEIGHTS CITY HALL APPLICATION 140; 12 Page; 1 14168 OAK PAM BLVD NORTH 14168 OAK PARK BLVD NORTH PERIOD ENDING : 05/31/10 OAK PARK HEIGHTS, MN 55062 OAK PARK HEIGHTS, 1 55062 FROM: JORGENSON CONSTRUCTION INC. ARCHITECT:BUETOw & ASSOCIATES CONTRACT N0: 9255 EAST RIVER ROAD NW 2345 RICE STREET, SUITE 210 CONTRACT DATE: 04/15/09 COON RAPIDS, 2-N 55933 -5722 ROSEVILLE 11IIT 55113 JOB DESCRIPTION: GENERAL CONSTRUCTION OF CITY HALL CHANGE ORDERS I ------------- --------------------------------------- - j I ADDITIONS I DEDUCTIONS { ORIGINAL CONTRACT AMOUNT ............................. $ 6,358,500.00 { I ( I TOTAL CHANGE ORDER AMOUNT ............................ $ 31,44'7.00 I PREVIOUS TOTAL I 43,402.00 { 12,035.00 1 TOTAT. CONTRACT INCLUDING CHANGE ORDERS ............... $ 6,389,947.00 €-------------------- ------------- --- ---- --- - - 1 - - --- CURRENT - ---- I I I AMOUNT COMPLETED & STORED TO DA'Z'E .................. .. $ 5,924,500.00 1--------- ---- -- --- - - -- -I I I RETAYNAGE - 5.006 0 WORK COMPLETED................ $ 296,225.00 1 Number Date I I I 5.00% OF STORED MATERIAL I---------- -------- - - - - -I I I COMPLETED TO DATE LESS RETAYNAGE................. $ 5,628,275.00 1 1 I ! 1 I PREVIOUS AMOUNT BYhLPJU ............................... $ 51531, cs 0.00 CURRENT AMOUNT DUE .... ............................... $ 97,185.00 I I 1 j BAI,ANCJs 120 FINISH, INCLUDING RETAYNAGE ...... . .. . ..... $ 763., 672.00 I 1 { € 1 TOTALS TO DATE I 43,482.00 I 12,035.00 1 I------ - ----- - - - - - -- -- -------- . . ---- --------- - - ---- - ° I I NET 701OUN'T 1 31 , 4 4'7 , 00 I 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 _ 3rd day Work covered by the Application for payment has been can- of June , 2010. plcted in accordance with the Contract Documents, that all amounts have been paid by the Contractor EOr work for Notary Public: which previous Certificates for Payment were issued and payments received frow the Owner, and that current payment: My Commission expires: January 31, 2015 shown herein is now due. CONT CTOR: JO h ENSON CONSTRUCTION INC. G1(NTHIA M FURAN NOTARY PUBLIC- MINNESOTA BY: T F DE 06 03/10 y l o�mi8nEoresJan -------- - -- - - - -- ----------- �- �- »-------------------- ---� -- ---- _.-------- +- - -_ -_- - .- .._ - -- - . . ARCHITECT'S CERTIF PAYMENT AMOUNT CFRTIPI= ............................. 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 Axchiteet's knowledge, information and belief the work has ARCHITECT: ( �(�[9J (/t�j r ch��`3, kc, progressed as indicated, the quality of the Work is in ry r` accordance with the Contract Documents, and the Contractor By: `�_' \ /(,/ Date: 6 , is entitled to payment of the A140UNT CERTIFIED. This Certificate is not negotiable. The A14OUNT CERTIFIED is payable only to the Contractor named herein. Issuance, payment and accep- tance of payment are without prejudice to any rights of the Owner or Contractor under this Contract. Page 21 of 76 Job Number: 4770 OAF( PARK FIEIGHTS CITY HALL Application No 1.2 Period From: 05/01/10 Page Number 2 Project 9 : invoice Number 16611 Thru: 05/31/10 ----_-..------------------------------"_--__..._'-----------_-___.._-__---_."---------_---°_----_--------------- --- ---- _- "_-- _._ °- '- ----- --" -- -WORK COMPLETED - - -- COMPLETED ITEM SCHEDULED PREVIOUS THIS STORED AND STORED BALANCE NUMBER DESCRIPTION OF WORK VALUE APPLICATION PERIOD MATERIALS TO DATE $ TO FINISH RETAINAGE 03 BONDS /INSURANCE /LICENSE /NPDF,S 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 6,580.00 .00 .00 6,580.00 63 3,920.00 329.00 04 SUPERVISION 125,000.00 102,000.00 6,000.00 .00 108,000.00 86 17,000.00 5,400.00 05 CONSTRUCTIONS DUMPSTERS 18,000.00 14,350.00 1,650.00 .00 16,000.00 89 2,000.00 800.00 06 CONSTRUCTION CLEANUP 5,500.00 3,500.00 500.00 .00 4,000.00 73 1,500.00 200.00 07 FINAL CLEANING 6,500.00 6,000.00 500.00 .00 6,500.00 100 .00 325.00 08 SAFETY 6,000.00 4,125.00 375.00 .00 4,500.00 75 1,500.00 225.00 09 CONSTRUCTION SIGNAGE 2,500.00 1,500.00 1,000.00 100 2,500.00 100 .00 125.00 10 CONSTRUCTION /MOBILE PHONES 3,000.00 2,035.00 185.00 .00 2,220.00 74 780.00 111.00 11 CONSTRUCTION /STORAGE TRAILERS 4,500.00 3,080.00 280.00 .00 3,360.00 75 1,140.00 168.00 12 CONSTRUCTION TOILET 4,000.00 2,750.00 250.00 100 3,000.00 75 1,000.00 150.00 13 CONSTRUCTION FENCE 15,000.00 9,000.00 5,000.00 .00 14,000.00 93 1,000.00 700.00 14 TOOLS /FASTENERS /EQUIPMENT 3,500.00 2,500.00 250.00 .00 2,750.00 79 750.00 137.50 15 RENTAL EQUIPMENT 5,000.00 3,500.00 750.00 100 4,250.00 BE 750.00 212.50 16 TEMPORARY E17CLOSURES 4,000.00 4,000.00 .00 .00 4,000.00 100 • 00 200.00 17 TEMPORARY ELECTRIC 6,000.00 4,125.00 450.00 .00 4,575.00 76 1,425.00 228.75 18 TEMPORARY HEAT.` 38,000.00 38,000.00 .00 .00 38,000.00 100 .00 1,900.00 1.9 STREET CLEANING /SNOW REMOVAL 3,500.00 2,500.00 250.00 .00 2,750.00 '19 750.00 137.50 20 SELECTIVE DEMOLITION 15,000.00 12,500.00 .00 .00 12,500.00 83 2,500.00 625.00 21 SITE CLEAR/ EXC: /DRNTILE; /BROSION 190,815.00 151,871.00 .00 .00 151,8'11.00 80 38,944.00 7,593.55 22 CONTROL /SITE UTIL. /AGG BASE .00 .00 .00 .00 . 00 0 .00 .00 23 ASPUALT PAVING /STRIPEAML STOP 73,802.00 2,000.00 .00 .00 2,000.00 3 '71,802.00 100.00 24 CURB G GUTTER 23,60 .00 5,600.00 .00 5,600.00 24 18,007.00 280.00 25 EXTERIOR SIGNS 2,701.00 .00 .00 .00 .00 0 2,701.00 .00 26 RETAINING WALT, 47,225.00 47,225.00 .00 100 4 100 .00 2,361.25 27 IRRIGATION 6,920.00 .00 .00 .00 .00 0 6,920.00 .00 28 LANDSCAPING 35,800.00 .00 '1,'1'10.00 .00 "1,'1'10.00 22 28,030.00 386.50 29 PLASTIC FENCES /GATES 43,682.00 .00 .00 • 00 .00 0 43,682.00 .00 30 CONCRETE /MASONRY REINFORCER ENT 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 C014CRETL FOUNDATIONS 164,752.00 164,752.00 .00 .00 164,752.00 100 • 00 8,237.60 33 CONCRETE FLOORS /TOPPINGS 83,862.00 63,862.00 .00 .00 83,862.00 100 .00 4,193.10 34 CONCRETE - SITE 27,709.00 17,955.00 .00 100 17,955.00 65 9,754.00 897.75 35 PRECAST PLANK 105,520.00 105,520.00 .00 .00 105,520.00 100 .00 5,276.00 36 MASONRY /GLASS MASON /CAST STONE '74'1,137.00 "107,111.00 .00 .00 707,111.00 95 40,026.00 35,355.55 37 STEEL JOT ST /DECK /MISC- 14ATERIAL 178,750.00 175,187.00 2,563.00 .00 177,750.00 99 1,000.00 8,887.50 38 STEEL .701ST /DECK /F41:SC -ERECT I01; 59,000.00 57,310.00 .00 100 57,310.00 97 1,690.00 2,865.50 39 ROUGH CARPENTRY /SHEATHING 55,000.00 53,000.00 .00 .00 53,000.00 96 2,000.00 2,650.09 40 CASEWORK /SOLID SURFACE /FRP-M 95,868.00 87,139.00 5,429.00 .00 92,568.00 97 3,300.00 4,628.40 41 CASEWORK /SOLID SURFACE /FRP -1, 24,000.00 23,000.00 500.00 .00 23,500.00 98 500.00 1,175.00 42 FLUID APPLIED VAPOR BARRIER 23,340.00 23,340.00 .00 .00 23,340.00 100 .00 1,167.00 43 WATERPROOFING 25,260.00 25,260.00 .00 100 25,260.00 100 .00 1,263.00 44 SPRAYED INSULATION 15,200.00 15,200.00 .00 .00 15,200.00 100 00 '760.00 45 METAL ROOF PANELS /NAIL. INSUL. 165,057.00 165,057.00 .00 .00 165,057.00 100 .00 8,252.85 46 BUILT -UP ROOF /SFIEET 14TL FLASH 108,813.00 83,717.00 .00 .00 63,717.00 17 25,096.00 4,185.85 4 "1 FIRESTOPPING 4,400.00 4,400.00 .00 .00 4,400.00 100 .00 220.00 48 JOINT SEALANTS 15,100.00 14,522.00 .00 .00 14,522.00 96 578.00 726.10 49 HM FRKS /DRS /WOOD DRS /HDW -M 113,750.00 113,750.00 .00 .00 113,750.00 100 .00 5,687.50 50 HM FRNS /DRS /WOOD DRS /HDW -L 39,125.00 31,000.00 1,125.00 .00 38,125.00 97 1,000.00 1,906.25 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 9,984.00 ,00 .00 9,984.00 100 .00 499.20 53 SECTIONAL DOORS 23,218.00 23,218.00 .00 .00 23,218.00 100 • 00 1,160.90 54 WOOD WINDOWS 59,500.00 59,500.00 .00 .00 59,500.00 100 .00 2,975.00 55 ALUM CRTNt4ALL/54NDWS /SKYLTS /GI,2 284,466.00 284,466.00 .00 .00 284,466.00 100 .00 14,223.30 56 AUTO DOOR OPERATORS 3,345.00 3,345.00 .00 .00 3,345.00 1.00 pagi-& Ofd .25 Job Number: 4770 OAK PARS( HEIGHTS CI'T'Y FFALL Application No.: 12 Period From: 05/01/10 Page Number 3 Project # : Invoice Nun4]er : 16611 Thru: 05/31/10 - -- -WORK COMPLETED - - -- COMPLETED ITEM SCHEDULED PREVIOUS THIS STORED AND STORED BALANCE NUMAER DESCRIPTION OF WORK VALUE APPLICATION PERIOD MATERIALS TO DATE TO FINISH RE:TAINAGE -'-----.."------------ --------------.-.. __ .. _ --...- ' -------------- _____ .... __ - °°__ ------------ ___ ..____- ' --------___..----__-------_.. M_....__----- 57 GYPSUM DRYWALL /PLASTERING 177,537.00 177,537.00 .00 .00 177,537.00 100 .00 8,876.85 58 CERAMIC TILE 16,200.00 16,200.00 .00 .00 16,200.00 100 .00 810.00 59 ACOUSTICAL & WOOD CEILINGS 52,670.00 52,670.00 .00 .00 52,670.00 100 ,00 2,633.50 60 RESILIENT FLOORING /CARPET 77,995.00 77,995.00 .00 .00 17,995.00 100 .00 3,899.75 61 PAT NTING /STAINING /WALLCOVERING 66,250.00 60,237.00 2,013.00 .00 62,250.00 94 4,000.00 3,112.50 62 FABRIC WRAPPED PANELS 7,665.00 '1,565.00 .00 .00 7,665.00 100 .00 383.25 63 VISUAL DISPLAY SURFACES 7,004.00 7,000.00 .00 .00 7,000.00 100 .00 350.00 64 SIGNAGE 6,162.00 6,162.00 .00 .00 6,162.00 100 .00 308110 65 TOILET COMPARTMENTS 2,831.00 2,831.00 .00 .00 2,831.00 100 .00 141.55 66 WALL /CORNER GUARDS 1,000.00 1,000.00 .00 .00 1,000.00 100 .00 50.00 67 TOILET ACCESSORIES 10,517.00 10,517.00 .00 .00 10,517.00 100 .00 525.85 68 FIRE EXTINGUISHERS 3,'104.00 3,704.00 .00 .00 3,704.00 100 .00 185.20 69 METAL LOCKERS 2,650.00 2,850.00 .00 .00 2,850.00 100 .00 142.50 '10 POSTAL SPECIALTIES 1,214.00 1,214.00 .00 .00 1,214.00 I00 .00 60.70 71 STORAGE ASSEMBLIE5 18,066.00 13,000.00 5,066.00 .00 18,066.00 100 .00 903.30 72 EXTERIOR SUN CONTROL DEVICES 12,500.00 12,500.00 .00 .00 12,500.00 100 .00 625.00 73 CANOPIES 12,500.00 .00 10,500.00 .00 10,500.00 84 2,000.00 525.00 74 FLAGPOLES 2,200.00 2,200.00 ,40 .00 2,200.00 100 .00 110.00 75 PROJECTION SCREENS 2,815.00 2,815.00 .00 .00 2,815.00 100 .00 140.75 76 DETENTION EQUIPMENT 26,66'1.00 26,667.00 .00 .00 26,667.00 100 100 1,333.35 77 EXHIBIT EQUIPMENT 6,000.00 .00 3,000.00 .00 3,000.00 50 3,000.00 150.00 78 WALT. & CORNER PADS 5,885.00 5,885.00 .00 .00 5,085.00 3.00 .00 294.25 '19 HOR1'LONPAI. LOUVER BLINDS 4,000.00 4,000.00 .00 .00 4,000.00 100 .00 200.00 80 ENTRANCE FLOOR GRILLES 3,850.09 3,850.00 .00 .00 3,850.00 100 .00 192.50 81 HYDRAULIC ELEVATORS 54,899.00 54,899.00 .00 .00 54,899.00 100 .00 2,744.95 82 14ECHANICAL-PLUGSBING & PIPING 603,000.00 504,094.D0 8,900.00 .00 592,994.00 98 10,006.00 29,649.70 83 14ECIIANICAL- HVAC-TE14P CONTROLS 405,000.09 397,491.00 4,000.00 .00 401,491.00 99 3,509.00 20,074.55 84 GEOTHERMAL GROUND LOOP I85,500.00 92,467,00 '7,000.00 .00 99,467.00 54 86,033.00 4,973.35 85 FIRE PROTECTION 56,532,00 54,840.00 1,692.00 .00 56,532.00 100 .00 2,826.60 86 ELECTRICAL - GENERAL CONDITIONS 72,000.00 71,000.00 3,000.00 .00 72,000.00 100 100 3,600.00 87 ELECTRICAL - F'IX'TURES & LAMPS 255,000.00 244,000.00 5,000.00 .00 249,000.00 98 6,000.00 12,450.09 88 ELECTRICAL -GEAR & FUSES 7'7,000.00 77,000.00 .00 .00 '17,000.00 100 .00 3,850.00 89 ELECTRICAL-EMERGENCY GENERATOR 87,300.00 87,300.00 .00 .00 87,300.00 100 100 4,365.00 90 ELECTRICAL - BRANCH CIRCUITS 358,660.00 354,360.00 500100 .00 354,860.00 99 4,000.00 17,743.00 91 ELECTRICAL -- LIGHTNING PROT'EC'T. 10,000.00 10,000.00 .00 .00 10,000.00 100 .00 500.00 92 LOW VOL'T'AGE 1'71,000.00 169,000.00 1,000.00 ,00 170,000.00 99 1,000.00 0,500.00 93 PROFIT /OVERIIF.AD 212,759.00 191,526.00 6,379.00 .00 197,905.00 93 14,854,00 9,895.25 CO #1 MISC. CHANGES 37,435.00 37,435.00 .DO .00 37,435.00 100 .00 1,871.75 CO #2 MISC. CHANGES .00 .00 .00 .00 .00 100 .00 .DD CO #3 MISC. CHANGES 12,035.00- 12,035.00- .00 .00 12,035.00- 100 ,00 601.'15 - CO $4 MISC. CHANGES 224,00 224.00 .00 .00 224.00 100 .00 11 -20 CO #5 MISC. CHANGES 5,823.00 .00 5,823.00 ,00 5,823.00 100 .00 291.15 J o b T 0 t a J s 6389947.00 5822200 -00 102,300.00 .00 5924500 -00 93 465,447 -00 296225.00 Page 23 of 76 This Page Is Left Intentionally Blank. r , x a. i Page 24 of 76 I Oak Park Heights Request for Council Action Meeting Date June 22,2010 Agenda Item Title: Anmove License for Sale /Stoma y-c of Consumer Fireworks at Wal-Mart Parkin.; Lot for Chris Ulmer, TNT Fireworks Agenda Placement Consent Originating Department /Requester Finance-Judv Holst, Dct)utv Clerk/Finance Director Requester's Signature f V Action Requested Avorove License Background/Justification (Please indicate if any previous action has been taken or it other public bodies have advised): An application for a License for S a l e /St orage of Consumer Fireworks at Wal-Mart's parking lot has been received from Chris Ulmer, TNT Fireworks. The duration of"business operation will be Irom ,Iunc22,2010to.JLIly5,'-)0l0, 'I'hc application is complete, and the bacl:gr-ound check has been completed and approved by the Police chief. I recommend approving the license application. Page 25 of 76 This Page Is Left Intentionally Blank. r t x i Page 26 of 76 Oak Park Heights Request for Council Action Meeting Date June 22, 2010 Agenda Item Title Miller Excavatinfz. Inc. 1St Pavment for 2010 Storm Sewer Improvements Agenda Placement Consent Originating Department / Requestor Finance - Judv Hoist, Dcouty Clerk/ Finance Director Requester's Signature Action Requested Approve Ist pavment request to Miller Excavating, Inc. for the 2010 Storm Sewer Improvements Background /,Justification (Please indicate any previous action, financial. implications including budget information and recommendations). See attached memo, pay request and letter from Bonestroo. Page 27 of 76 ® ® r p ' ' erg JR. Memo V7_.r To: Mayor and Council From: Judy Holst, Deputy Clerk /Finance Director Date;: June 18, 201.0 Tie: 2010 Storm Sewer lmproven Please accept for the June 18"' Council meeting agenda the attached request for payment it 1 to Miller Excavating, Inc. in the amount of $44323.20 for the 2010 Storm Sewer Improvements project. The payment has been approved by engineering and reviewed by the Finance Department. The project is 85% complete. The Finance Department recommends approval of this payment. Please note the total quotation amount increased $2,550 due to errors by Miller Excavating, Inc. within the calculations on the Quote Form in the multiplication of the Quantity and Unit Price on Quote Items No. 10 and No. 36. Thank You Page 28 of 76 7335 Highway 36 W St, Paul, MN SS113 Tel 651 -63G X600 Fax 651-636 -137.1 VwwW. bMeSV00.00f n Bonestroo Jane 16, 2010 J13. Steve St. Claire Miller Excavating, Inc. 3636 Stagecoach Trail N. Stillwater, MN 55082 Re: 2010 Storm Sewer Improvements Oak Park Heights Bonestroo File No.: 000055- 101640 Dear Steve: Following the Contract Award to Miller Excavating, Inc. for the 2010 Storm Sewer Improvements project, errors were found within the calculations on the Quote Form. Quote Items No. 10 and No. 36 showed errors in the multiplication of the Quantity and Unit Price in determining the Total Price (see attached revised Quote Form). Corrections were made according to the Contract Documents, Section 00 2_I. 13, Article 14 — Basis of Quotation; Comparison of Quotations: "Discrepancies between the multiplication of units of work and Quotation Unit Prices will be resolved in favor of the Quotation Unit Prices. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum." The Total Quotation amount has been corrected from the written $52,087.50 to $54,637.50. Please sign below acknowledging the revised Quote Form and Total Quotation contract value. Sincerely, BONESTROO Christopher W. Long, P.E. ,��', -/ . Steve - iller Excavating, Inc. �'C�Cr - Attachments: Revised Quote Form 9 A City of Oak Park Heights, 14168 Oak Park Blvd, N., It I Owner: P. 0. Box 2007, Oak Park Heights, MN 55082 Date: 3une 17, 2010 BDI.IOstro0 For Period: 5/1/2010 to 6/17/2010 Request Ni I Contractor: Miller Excavating, Inc., 3636 Stagecoach Trail N., Stillwater, MN 55082 CONTRACTOR'S REQUEST FOR PAYMENT 2010 STORM SEWER IMPROVEMENTS BONESTR00 FILE N0, 000055 - 10164 -0 SUMMARY 1 Original Contract Amount $ 54,637,50 2 Change Order - Addition $ 0.00 3 Change Order - Deduction $ 0.00 4 Revised Contract Amount 54,637.50 `i Value Completed to Date 46,656,00 6 Material on Hand 0.00 7 Amount Earned $ 46,656.00 8 Less Retainage 5 0 /o ; 2,332.30 9 Subtotal 44,323.20 10 Less Amount Paid Previously $ 0.00 11 Liquidated damages - $ 0 12 AMOUNT DUE THIS REQUEST FOR PAYMENT NO. 1 $ 44,323.20 Recommended for Approval by: BONESTROO Approved by Contractor: Approved by Owner: MILLER EXCAVATING, INC CITY OF OAK PARK HEIGHTS Specified Contract Completion Date: Date: Page 30 of 76 r'51016 vk'n Oak Park Heights Request for Council Action Meeting Date June 22, 2010 Agenda Item `I'itle Schedule Budget Workshops Time Required 3 Minutes Agenda Placement New Business Originating Department /Requestor Finance --- Judv Holst, Deputy Clerk/ Finance Director Requester's Signature //4-r Action Requested Schedule 1 or 2 workshoets for the 2011. budget Background/ Justification (Please indicate any previous action, financial implications including budget information and recommendations). Budget worksheets will be distributed to staff by the end of June; with a deadline for submission to Finance by July 16, 2010. Administration and Finance will revi the budget worksheets and compile the preliminary budget document which will be distributed to Council and staff by the Is of August.. The proposed levy and budget must be approved by Council and submitted to tl)c County by September 15, 20 10, therefore we need to schedule at least one untelevised workshop for review of the preliminary budget. .I would suggest August 1.0 € from 5:30 p.m. to 7:00 p.m. and if needed August 24th from 5:30 p.m. to 7:00 p.m. Please provide direction for expenditure budget, i.e. total percent -age increase (A decrease, any special expenditure needs. Cou��cil, I propose a 2.8 perccrnt iirllatioiiai increase for expenditures alici a contintiatioai of tlic current capital outlays lot- 2011. Council nuen3bers to propose capital project expenditures for 2011 and beyolicl to 1 inance Director by .1uly 15. - Mayor Beaudet Page 31 of 76 This Page Is Left Intentionally Blank. S �{ i i i Page 32 of 76 t r .3 -.'�. 9� um FP Oak Park Heights Request for Council Action Meeting Date: .tune 22, 2010 Time Required: 5 Min, Agenda Item Title: Approve Chief of Police Attendance at Staff and Command School Agenda Placement: New Business Originating Department /Requestor: Oak Park Heights Police Dept., Chief Brian DeRosier �- s Requester's Si nature Action Requested: Approve Chief of Police Attendance at Staff and Command School Background /Justification: I request authorization to attend the Northwestern University Staff and Command School. The course is offi;red remotely in this area very seldom as it rotates around the country every year. The course is being offered in Menomonie Wl starting in January 2011. The close proximity of this course provides ine with the opportunity to attend the course within driving distance. The course is an alternative to the FBI academy or Southern Police Institute which have similar course curriculums; however require a 10 week on campus stay, which is impractical for a small department to take away personnel for that length of time. The obvious attraction for departments to the 1=B1 academy is the cast free. This a graduate course offered to management positions within law enforcement. The course is a curriculum providing upper level management in law enforcement an intensive course of study over 10 weeks. The 10 week program is broken down into 2 week blocks allowing me to return to a normal work schedule every 2 weeks to be able to maintain contact with the city and department during the time of the course as well. The course runs from January through May 2011, I previously completed Northwestern Univ. Supervision o[ Police Personnel course of study which is the precursor to this course of study. ']'his course will expand on the subjects of Police Management and Leadership, Ethics, Standards and Professionalism, `l Management, Current Legal issues and Procedures, Community Policing Practices, 11uman Resources Employee Issues, Labor Relations, Police: Resources and Scheduling, Budgeting, Planning, along with other areas. 'rhe cost to the city will be my time away, the course fee, and fuel / wear tear on vehicle for travel. My time away from the department will be lessened by 2 factors in that it is 2 weeks on and 2 weeks off, as well as I will be returning home daily and I have remote access for full use of department / city computer to keep up on issues. The fee is $3,300.00 and is due at time of registration which prevents me from budgeting the course fee into the 2011 budget. I have reviewed nay 2010 budget and should be able to accommodate the funding if authorized. The department training budget line items will be over budget for the year 2010 however the total department budget should not be over due to this expense. The funds should be available from the fuel line itern due to our participation in the state fuel program and receiving fuel at a locked in price of$2.38 per gallon, which was budgeted to possibly be as high as $3.50 a gallon commercially at the pump if we had not been able to participate in the state program. This alone will provide the buffer needed to accommodate the cost. Page 33 of 76 This Page Is Left Intentionally Blank. Page 34 of 76 Oak Park neigms Request for Council Action Meeting Date: June 22nd, 2010 Time Required: 5 min Agenda Item "f itle: Alcohol Compliance Failure - -- Oak Park Wine & Spirits Agenda Placement: New Business Originating Department /Requcstor: Oak Part. Heights Police Dept., Chief Brian DeRosicr Requester's Signature Action Requested: Administrative Sanction of $500 / Hearing to Show! Cause Background /.lustification: Oil May 14` 2010 the Oak Part. I leights Police Dept. conducted routine alcohol compliance checks on all vendors licensed within the city of Oak Part: I Ieights MN. During the Compliance Check an officer ofthe OPI1 1 was assisted by 2 less than 21 year old volunteers. Tlie voliultcers entered the business of Oak Part: Winc and Spirits attempting to purchase a 12 pack of Coots bear. The clerk asked them for identification. The clerk \vas presented Nvith the identification oi' the subject Clearly showing them to be udder 21 years of age. The clerk then made a comment about not slaking her do the math and returned the identification to the volunteer. The clerk then sold the less than 21 yr olds alcoholic beverage in violation of state law. ']'lie 0111 P.D. Officer then went into the store and advised the store clerk of the offense. The cleric is being charged criminally under MNSS 340A.503.2 a Goss Misdemeanor offense, The establishment has had no previous applicable violations that would apply to the loot: back period of 24 months in compliance with city resolution. In conformance with OP1I Resolution 00 -07 -39 I recommend the council impose a $500 sanction against the license of Oak Park Wine cY.'. Spirits to be paid lvithin 60 days and a Ilearing to Shmv Cause on August I Oth, 2010 if the merchant wishes to contest the $500 sanction. Page 35 of 76 v .._.. f Oak Park Hts No. 173 4� 4 k`t�� City Fee $ 240,00 f� �4�! count Washington Mcohnl & Gamhling Ealareement THIS CERTIFIES THAT: O FF SALE LIQU ®R LICENSE LICENSEE Oak Park Wine & Spirits LLC TRADE NAME Oak Park Wine. & Spirits STREET ADDRESS OR I..OT AND BLOCK NO 5 805 Neal Ave. N. Is authorized to sel intoxicating licit r at o € e ubject to the laws end regulations of the State of M'imiesota a r ' nces for the period begituting i anuary l , L to DC�?C�ri1�er 31 . 20 .0 " Mayor or President I'IIIS LI{ S A ' l2D �] G' n er my hand and the Municipai corporate Seal 5 cit o ark HeiPhts Date 12 -8 09 toI & Gambling Briforcement Director Date / P39008-03 (3105) CLERK or Recorder _......_ .... ...... ........._..,.............__. -. Page 36 of 76 tFF °a Minnesota De artment of Public Safety vi!sF57 P u u« , Alcohol and Gambling Enforcement 444 Cedar Street, Suite 133. St, Paul, MN 55101 -5133 651 -201 -7507 *'1-`l`I' 651 -282 -6555 ® Fax 651- 297 -5259 RENEWAL OF LIQUOR, WINE, CLUB OR 3.2% LICENSES a roved'pr relclshrl untz tEie�$20 Ref6iler 1D Card fee is ieceiyeil by MN Ligiigr Centro€ '(3 inn /o.Lrcenses exernpi) PP „ l` icense will be . .. .. .. ... < _ .. . -.,- ,. , „ _ - •. .:- - ..... -... , ... Licensee Please verify your license information contained below. Make corrections if necessary and sign. City Clerk /County Auditor should submit this signed renewal with completed license and licensee liquor liability for the new license period. City Clerk /County Auditor are also required by MS. 340A.404 S. 3 to report any license cancellation. OF SL 1. /3 1. f 20101)# i- GC, f= 9 License Code License Period Ending City /County where license approved. U, -A k I ' a t" I•c H t Licensee blame 0A k F'at k W a. n e &- S p i. r- a. i, �� LL C, Trade Larne G k lnf i j. a. is Licensed Location address 5 G1Z§.`_'! Neal. Ave N City, State, Zip Code Business Phone Isl a t I' o !_t n cJ LICENSE FT ?WS: 011' Sale $ x'16 acs Cart Sale $ Sunday L a 1 h 0. 0 0 I By signiIlg this renewal applicatio applicant certifies that there has been no change in ownership oil the above named licensee. .I+or changes in ownership, the licensee maintad above, or for new licenwes, full applications should be used, See back of this application for further information needed to complete this renewal. Applicant's sie& -,A: q) p this renewal confirrs the follo l +ailure to reoort_an of the following i yill result ill lines. 1. Licensee confirms it has no interest whatsoever, directly or indirectly in any other liquor establishments in Minnesota, If so, give details on back of this application. 2. Licensee confirms that it lams never had a liquor license rejected by any city/township /county in the sate of Minnesota, If ever rejected, please give details on the back of this renewal, then sign below. 3. Licensee confirms that for the past five years it has not had a liquor license revoked for any liquor law violation (state or local). If a revocation has occurred, please give details on the back of this renewal, then sign below. 4. Licensee confirms that during the past five years it or its employees have not been convicted of any criminal violations or imposed with any civil penalties. If so, please report on back of this application. 5. Licensee confirms that during the past license year,,a summons has not been issued under the Liquor Liability .Law (Dram Shop) MS 340A.802. If yes, attach a c�fly of the summons, then sign below. 6. Licensee confirms that Workers Compensation ' surance is in effect for the fill] license period. Licensee hits attached a liquor liabilit I surance c tificate that corresponds with the license period in city /county where license is issued. $100,000 in c sla or secur' acs or $100,000 surety bond may be submitted in lieu of liquor liabil- it y. (3.2% li uor licenses are exel if , ales ar ess than $25,000 at on sale, or $50,000 at off sale). LN (S , r e�s'ai1 ab e e correct and license Ids been a iiovcd by it 11 AY-) � - C"ty-CJ-uk /( Auditor, ig Tare (Signature certifies that rene 1 a i uor, wine or club license has been approved by the eity /county as stated above.) County Attornev ,4ip_natiire Date County Board issued licenses onl gnatur ertifies licensee is eligible for license). Police /Sheriff Signature bate 1`2 (Signature certifies licensee or associates have not been cited during the past five years for any state /local liquor law violations (criminal /civil). Report violations on back, then sign here. PS 9093 -05 Page 37 of 76 CJGluPROPH OAK PARK HEIGHTS POLICE DEPARTMENT DATE 5/1-9/10 TIME 15:19:42 INITIAL COMPLAINT REPORT 110701821 DATE/TIME REPORTED: 5/14/10 15:33:12 DISPATCHER: JRCULLE DATE /TIME STAMP: 5/14/10 15:33:43 ENTERED BY: JRCULLE LOCATION OF INCIDENT: 5805 NEAL AV N GRID: OAK PARK HEIGH'T'S, MN 55082 INCIDENT RECEIVED BY: TELEPHONE OFFICERS ASSIGNED: 477 CROFT NAMES ASSOCIATED JOSEPH CROFT WITH THIS INCIDENT: PHONE:(H) (W) SEX: DOB: ASSOCIATION:COMPLAINANT SALE OF ALCOHOL TO A MINOR OAK PARK WINE & SPIRITS 5805 NEAL AV N OAK PART{ HEIGHTS, IAN 55082 PHONE.-(H) (W) SEX: DOB: ASSOCTATION:OTHER SALE OF ALCOHOL TO A MINOR * *FORMAI, COMPLAINT TIFFANY ANN AXTELL 8304 COOPER WAY E INVER GROVE HEIGHTS, MN 55076 PHONE: (H) (W) SEX: F DOB: jSjW0ftVWw ASSOCIATION:SUSPECT SALE OF ALCOHOL TO A MINOR 340A.503.2.1 *TO BE CHARGED BY FORMAT, COMPLAINT° W/F RYAN PHILIP SPARBY 600 WILDWOOD LN STILLWATER, MN 55082 PHONE: (H ) . e,� ���, ° A: •`�. ( W ) SEX : M DOB: io9cld�YVdH6��M16J9EM1JY�UIIYWdBa ASSOCIATION:WITNESS WAS SOLD ALCOHOL BY AXTELL JOSHUA ALAN RADMANOVICH 6331 GOODVIEW BAY S COTTAGE GROVE, MN 55016 PHONE: (H) (W) SEX:M DOB: �I ASSOCIATION:WITNESS WITNESSED SALE OF ALCOHOL TO SPARBY BY AXTELL DEANNA AVERY RUIZ 17711 FLAIR CIR LAKEVILLE, MN 55024 Page 38 of 76 PHONE: (H) (W) SEX: F DOB: ASSOCIATION:OTHER Page 39 of 76 CJGIUPROPH OAK PARK HEIGHTS POLICE DEPARTMENT DATE 6/09/10 TIME 15:12:44 INITIAL COMPLAINT REPORT 110701821 DATENIME REPORTED: 5/14/10 15:33:12 DISPATCHER: JRCULLE DATE /TIME STAMP: 5/14/10 15:33:43 ENTERED BY: JRCULLE BUSINESS OWNER NOT PRESENT AT TIME OF SALE OFFICER COMMENTS: CROFT /477 05/15/10 0720 HRS 4'77 5/15/: ON 05/14/10 AT APPROXIMATELY 1510 HRS I WAS CONDUCTING 477 5/15/: ALCOHOL COMPLIANCY: CHECKS WITH THE HELP OF 2 VOLUNTEERS 417 5/15/: UNDER THE AGE OF 18. AT THIS TIME THEY ENTERED OAK PARK WINE 477 5/15/: & SPIRITS AND ATTEMPTED TO PURCHASE A 12 PACK OF COORS 471 5/15/: LIGHT. THE CLERK, ONLY PERSON WORKING IN THE STORE:, ASKED 477 5/15/: FOR ID FROM ONE OF THE VOLUNTEERS AND WHEN HE HANDED HER HIS 477 5/15/: MN PHOTO DL SHOWING HIM CLEARLY TO BE 21 YEARS OLD, SHE MADE 477 5/15/: A COMMENT "DON'T MAKE ME DO THE MATH" AND SHORTLY THEREAFTER 477 5/15/: HANDED IT BACK `1'O HIM AND SOLD HIM THE ALCOHOL FOR $11,34 477 5/15/: TREY BROUGHT THE ALCOHOL BACK TO MY SQUAD AND I THEN ENTERED 417 5/15/: THIS STORM WITH THE VOLUNTEERS ID. AS I ENTERED THE STORE THE 477 5/:15/: CLERK STATED "I KNEW AFT'E'R THEY LEFT. HIS DRIVERS LTCENSE 477 5/15/: SAID 1992 DIDN'T IT", T SHOWED HER THE DL AND POINTED OUT 477 5/1.5/: TIME DATE OF BIRTH AS WELL AS THE "ACE 18: 03 - -08- 2010" AND 477 5/15/. THE "UNDER 21" ABOVE HIS PHOTO. I ALSO SHOWED HER A 477 5/15/: PHOTOCOPY OF $20.00 BILL HE HAD PAID WITH AND ASKED HER TO 477 5/15/: RETRIEVE; IT. SHE RETRIEVED IT FROM THE DRAWER AND RETURNED 477 5/15/: IT TO ME AND I RETURNED HER CHANGE THAT SHE HAD GIVEN TIME 47'7 5/15/: VOLUNTEER AT THE TIME OF THE SALE. SIZE WAS ADVISED OF BOTH 477 5/15/: THE CIVIL AND CRIMINAL CONSEQUENCES AND AWAS ASKED TO NOTIFY 477 5/15/: THE OWNER OF THE INCIDENT. SHE WAS ALSO ADVISED THAT SHE; 477 5/15/: WOULD BE GETTING PAPERWORK IN TIME MAIL FROM THE CITY A'1TY & 417 5/15/: THE OWNER WOULD BE GE'T'TING PAPERWORK FROM THE CITY. SHE 477 5/15/: STATED SHE UNDERSTOOD. 12 PACK OF COORS LIGHT PLACID INTO 477 5/13/: EVIDENCE. (SEE ICR #10701.820 FOR FURTHER INFO.) 477 5/15/: CLASSIFIED AS: LIQUOR— GM --SEIL TO OR PROCURE LIQUOR FOR MINOR M4 10 Page 40 of 76 CITY OIL OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA IN RE: LICENSE i# 173 TO SELL Liquor, Wine, Club or 3.2 Malt Beverages, for On Premise Consumption ORDER TO SHOW CAUSE TO: Oak Park Wine and Spirits LLC; 5805 Neal Ave No., Oak Park Heights MN 55082. 1. At the direction of the City Council for the City of Oak Park fleights, it is hereby ordered that you, , or your representatives, appear before the City Council of the City of Oak Park I Ieights at 7:00 p.m. on August 10, 2010 at the City Municipal Building located at 14168 Oak Park Boulevard No., Oak Park Heights, Minnesota 55082, or as soon thereafter as council can be heard and show cause, if any cause you have, why an order should not be issued by the City Council fin• the City of Oak Park 1-leights imposing fines, limiting, suspending or revoking your 2010 (arid futur'c) License to sell Liquor, Wine, Club or 3.2 Malt lkvcrage for On Premise Consumption, License '# 173; as had beer) previously issued by the City of Oak Park 1-1eights to Oak Park Wine and Spirits LLC; 5805 Neal Ave No., Oak Park heights MN 55082. Sl..)ecifically, you should show cause Why your license as rcfcrenced above should not be suspended, revolved or olher sanctions imposed by the City of Oak Park 1- leights as a result of illegal sales of Alcohol to a under 21 year old person as occurred on your premises on May 14 "', 2010. 2. Pay a $500.00 civil fbrfeiture; this amount set by City Ordinance and is the penalty for tine first offense. Full payment must be received by the City no later than Tuesday, August 3rd, 2010. Dated this 23rd day of.lunc, 2010. BY ORDER OF THE CITY COUNCIL Brian DeRosier Chief of Police Page 41 of 76 POLICE DEPARTMENT CITY OF OAK PARK HEIGHTS 141. . . t`=•; 68 Oak Park Blvd. N. e P.O. Box 2007 Brian DeRosier Oak Park Heights, Minnesota 55082 Chief of Police Telephone: (651) 439 -4723 Fax: (651) 439 -3639 Emergency: 911 June 23 2010 Oak Park Wine & Spirits LLC 5805 Neal Ave No. Oak Park Heights, MN 55082 Dear Sir or Madam; This is in response to the failure of an alcohol compliance check completed by the Oak Park Heights Police Department on 05 -14 -2010, During that compliance chock your employee sold alcohol to under 21 year old person. The report of the incident is attached. The suspect employee is being criminally charged under MNSS 340A.503 Sub 2 -1 as a Gross Misdemeanor criminal violation. As part of this violation the City Council of Oak Park Heights has also imposed a $500.00 civil sanction against your liquor license. This was imposed at the June 22"", 201.0 council meeting. You have the ability under city resolution to be heard at a hearing to show cause. This hearing is scheduled to take place at the council meeting August 10` 2010 at 7pm. If you choose to waive the hearing you can pay the civil sanction of $500.00, If you choose to pay the sanction you must make payment by August 3 "', 2010 prior to the scheduled hearing. To ensure the payment is acknowledged and the hearing is suspended please send the payment payable to the City of Oak Park Heights, to my attention. Future violations may incur increased penalties up to revocation of the license. If you have questions please call me and I would be glad to help. Sincerely; Brian DeRosier Chief of Police Page 42 of 76 Oak Park Heights Request for Council Action Meeting Date JUDe 2211d9 two Time Required: !-, Minutes Agenda item Tifle: about Use of rrails /-&�ad 'Q IL vM j� • - f Cans and ---0t, -1-1- — Other Mobil Lty.ReyLices. Agenda Placement- Now Busin.ess---- ------ Originating Department/Requestor Councilmember Runk ------- - --- Requester's Signature .. . ........... ..... ........... .. . .. ......................... ....... ... ------ Action Ba6kgrou nd/,) usti (Please indicate if any previous ae6on has been. taken or if other public bodies have advised): f have been approached by a resident of BoutweEl's, Landing as to the possibility of amending the City ordinances to possibRy allow golf cart / "Cushman"- type vehicles on the City'sTrails / Roadways. It is possible that some Boutwell's residents atay appear to share their perspectives. Current City Ordinances (Cc Ord. 705) prohibits the use of these type of vehicles on CRY trails. Smal# persomal mobility devices may be operated on the City's trails when the Operator 112S a d6ability eu-eption - see the ordinance belosva Chief De Rosier will be present to possibly provide addition i"formation / background. 705 AN ORDINANCE REGtJLATJNG OPERATION 01 MOTORIZED WHE'ELCHAIRS AND OTHER INDIVIDtJALTRANSPORTATION DEVICES BY PHYSICALLY DISABLED PERSONS ON PUBLIC ROADWAYS AND PARK TRAILS ary OF OAK PARK I 1EIGHT'S. Page 43 of 76 705.10. D The following definitions shall apply in the administration grid enforcement of this Ordinance. "Operate" shall mean to ride in, or on, and control the operation of a motorized wheelchair or other motorized individual transportation device. "Physically Disabled" shall mean any person who, because of physical disability, (a) cannot walk without sufficient risk of falling; (b) cannot. walk 200 feet without stopping to rest, (c) cannot walk without the aid of another person, walker, cane, crutches, braces, prosthetic devices, and /or wheelchair; (d) is restricted by respiratory disease to an extent that the person's forced (respiratory) expiratory volurne for one second when measured by Spirometry is less than one liter; (c) has an arte=rial oxygen tension (PA02) of less than 60 rnsnlhg; (f) uses portable oxygen; (g) has a cardiac condition to the extent that the person's functional limitations we verified by their Personal physician as re=quiring assistance for transportation purposes, (h) has lost an arm or a leg and sloes not have or ewinot use an artificial limb, (i) has a disability that would be aggravated by walking 200 feet or more under normal environmental conditions as verified by their personal physician. "Right-of -way" shall me=an any str eet., avcnue, Place:, drive or other parblic drive in the City of Oak Park 1-Teights. "Motorized individual transportation de=vices" shall naears. those special vehicles 11mited to persons who require assistance because of physlwl inf ir.`n:aity in thicir pea.son.al trarrsportatioM with such devices being limite=d to the capacity of carrying or transporting; a single; ivrdividua.l. 705,020 Operation on Public t "ropey. No person shall ope=rate a motorized wheelchair or motorized individual transpori.ation device. within the public right -of=way of'any tronk: state or county highway, state aid. or City stre=et within the City of Oak Park Heights except as allowed under this Ordinance, Oil right- of-way designated for City streets, motorized wheelchairs or motorized individual tfarrsporctation devices shall be permitted only on the shoulder of the roadway or, in the absence; of are unproved shoulder, on the right -hared -most portion of tlie roadway and in the same direction as the street traffic on the nearest lane of the roadway adjac=ent thereto. No person shall operate a motorized wheelchair or motorized individual transportation devic=e within the public right -of= way of any trunk state or county highway, state aid. or City stree =t between the hours of one -half hour after sunse=t and one-half hour before sunrise. All such persons operating motorized wheelchairs or motorized individual transportation devices shall display the slow - moving vehicle emblern thereon as required by Minnesota Statutes 1.69.522. The operation of motorized wheelchairs or motorized. individual transportation devices for all persons who are physically disabled shall be allowed on the park and public trails existing; within the City of Oak Park Heights. The operation of police, fire and emergency vehic=les and public works vehicles shall be allowed in the park and public trail systems of the City of Oak Page 44 of 76 Park Heights. Except as otheimlise provided herein no motorized ve;bicles shall be allowed on the public; trail systems of the City of Oats. Park I:leights. No motor vehicles escuept as provided herein shall be allowed in the City Parks of the City of Oak Park( leit hts except. on established and paved parking surfaces posted for that purpose. Page 45 of 76 This Page Is Left Intentionally Blank. 9 '�5 Page 46 of 76 po Oak Park Heights Request for Council Action Meeting Date 22111 2010 Time Required: Agenda Item Title: Aldi lnce .-- Preliminary & Final Platjje5,j& ----- - - aS3f!j�de and Variance Reouest. Agenda Placement New Business Originating Requester's SignffLure . ... ....... ...... ..... ... .......... ............. Action. Requested...__._ SeeBelow ................. -------- Background/Justifiuition (Please ij:idicatc if any pre-vious action has- been taken or if ( public bodies have advised): fllea attached ftoni Scott Richards 1. Planning Report dated June 3"', 20 (exhibits can be fOLMd in the June 201 Plannhig)'acket,"'), 2. Recommending resolution froyn the 111a� Co -n fission ..-- Unsigned. 3. Pi City Cotii)c]]Rc, Page 47 of 76 AWW&A&k" PC 3601 Thurston Avenue N, Suite 100 Anoka, MN 55303 Phone: 763.231 .5840 T - Facsimile: 763,427.0520 f PC @ Plan ni ngCo. com PLANNING REPORT TO: Eric Johnson FROM: Scott Richards DATE: June 3, 2010 RE: Oak Park Heights — Aldi Grocery Store — 60 Street North and Nova Scotia Avenue TPC FILE: 236.01 — 10.01 BACKGROUND Aldi Inc. has made application for a preliminarylfinal plat, site plan, Design Guidelines review and a variance for signage for a grocery store at the southeast corner of 60 Street North and Nova Scotia Avenue. The building will be one story and will include only the grocery store. The site is 2.24 acres and has not been previously developed. An application for the Sigstad Carpet store had been previously approved for this site but construction did not move forward. The property is zoned B -4 Limited Business District in which retail grocery stores are a permitted use. The site had not been previously platted and now requires a preliminary and final plat. The variance had been requested to increase the number of wall signs on the building. EXHIBITS The review is based upon the following submittals: Exhibit 1: Title Sheet (T1.11) Exhibit 2: Preliminary Plat (C1.11) Exhibit 3: Final Plat Exhibit 4: Sketch of Trail Description Exhibit 5: Existing Site and Removal Plan (C1.12) Exhibit 6: Site Plan (C2.11) Page 48 of 76 Exhibit 7: Site Utility Plan (C2.12) Exhibit 8: Grading Plan (C3.11) Exhibit 9: Spot Elevation Plan (C3.12) Exhibit 10: Storm Water Pollution Prevention Plan - Existing (C4.11) Exhibit 11: Storm Water Pollution Prevention Plan - Proposed (C4.12) Exhibit 12; Site Details (C5.13) Exhibit 13: Lighting Plan (C6.11) Exhibit 14: Lighting Specifications (4 pages) Exhibit 15: Landscape Plan (L1.11) Exhibit 16: Roof Plan (A -121) Exhibit 17: Exterior Elevations (A -201) Exhibit 18: Roof Screens (4 pages) Exhibit 19; Drainage Easements (Alta Survey — 4115110 Exhibit 20: Variance Application Narrative —May 19, 2010 Exhibit 21: Trash Enclosure Details — (A -505) PROJECT DESCRIPTION The project will include the construction of a 17,886 square foot Aldi Grocery Store to be located at the east side of the lot. The Aldi site will include an 83 stall parking lot, two site accesses, utilities, storm drainage, lighting and landscaping. The two site accesses will utilize the existing driveway aprons, one in the southwest corner coming from Nova Scotia Avenue and the other in the northeast coming from 60 Street. The loading dock for the grocery store will be in the southeast corner of the site which is out of view from Highway 36. Grocery carts are not taken outside of the facility, thus there is no need for cart storage in the parking lot. ISSUES ANALYSIS Comprehensive Plan. The property is designated as Commercial on the Proposed Land Use Map. The Aldi grocery store will be consistent with this land use designation. Zoning. The property is zoned B -4 Limited Business District. Retail sales are a permitted use in that district. The District requires a 40 foot front yard setback, 10 foot side yard setback and 20 foot rear yard setback. The building meets or exceeds these requirements. The building height maximum in the B -4 District is 35 feet. At its highest point, the building will be 22 feet, 10 inches. Subdivision. A preliminary and final plat has been provided for review. The property would be platted as Lot 1, Block 1 of Aldi Addition. The final plat indicated the appropriate drainage and utility easements as well as existing trail easements on Nova Scotia Avenue. The final plat shall be subject to review and approval of the City Engineer and City Attorney. Page 49 of 76 Park dedication will be required as part of the final plat. Section 402.08.E of the Subdivision Ordinance requires a payment of cash dedication equal to ten percent of the gross land area in the plat. The cash park dedication amount will be calculated by the City and will be required prior to recording the final plat. Access. As indicated, the site will be accessed by existing curb cuts on 60 Street and and Nova Scotia. These driveways should allow for adequate customer and delivery access. Parking. Section 401.151.9 of the Zoning Ordinance requires one off street parking stall for each 200 square feet of retail space. The parking calculation for this site is as follows 17,886 sq ft x .9 = 16,0971200 = 81 parking stalls The site plan indicates that there are 83 parking stalls planned for the development, four of which are disability accessible. The layout as designed will meet the required number of parking stalls and disability accessible stalls. The parking stalls are 9 feet x 20 feet with 24 foot driveway aisles in compliance with the Zoning Ordinance. The parking area will be completely surrounded by curb and gutter. All of the parking areas are placed at feast 10 feet from the property lines. There will be landscaped islands within the parking areas. Lording Dock/Trash Enclosure Location. A loading dock has been added on the southeast corner of the building. The dock is set down three feet from the parking lot level. The trash /recycling area will be located at the lower level of the loading dock and will be provided an enclosure with a gate. The Planning Commission should comment on the screening for the loading dock in that trucks will be visible while unloading. Grading /Drainage /Utilities. Grading, drainage and utility plans have been provided by the applicant. The City Engineer has provided a separate report on engineering issues. The grading, drainage and utility plans shall be subject to review and approval of the City Engineer. In that connection charges have not been paid for this property, a development agreement shall be required. All connection charges shall be paid prior to recording the final plat. Aldi has indicated that it will install a conduit along 60 Street to allow for future placement of underground power lines that currently exist along this right of way. Lighting Plans. Fixtures. The lighting plan indicated a shoe box style, full cut off light fixture mounted on a pole and base with a total height of 25 feet in compliance with the lighting requirements. All of the parking lot fixtures are adequately setback from property lines. The plans indicate the locations of two different styles of full cut off wall mounted fixtures. Both of these fixtures are consistent with Zoning requirements. 3 Page 50 of 76 The plans do not include details of the lighting within the structure, but behind the windows. All visible interior lighting shall also be full out off. Photometrics. The lighting plan is in compliance with Zoning requirements for lighting intensity. The light intensity is required to be less than one foot candle at the centerline of adjacent streets and 0.4 foot candles at the property line. Hours. Outdoor lighting for parking lots shall be turned off one hour after closing, except for approved security lighting. Landscaping. The submitted plans indicate plantings within the parking lot, along Nova Scotia Avenue and at the rear of the site. An existing grouping of trees on the south edge of the property will remain. The landscape plans are subject to review and approval of the City Arborist. Mechanical Screening. The plans indicate a roof detail of where the mechanical units will be placed and the type of screening that would be used. The Planning Commission should discuss these screening devices. Signage. Freestanding Monument Signage, A monument sign is proposed at the corner of Nova Scotia Avenue and 60 Street. The sign is 13 feet, 10 inches in height (20 feet allowed) and the signage is 80 feet (100 feet allowed). The sign is surrounded by landscaping in conformance with the Zoning Ordinance. Wall Signage. The Zoning Ordinance allows for a total of two wall signs, each on separate facades. The proposed sign plan indicates four wall signs, two facing Nova Scotia and two facing 60 Street. The two additional signs would require a variance which has been requested by the applicant. A review of the sign variance is in a following section. Total Allowable Signage. The total square footage of signage, including the monument sign shall not exceed 300 square feet for the site. The total of all requested signage is 186 square feet or 115 square feet below the maximum. Sign Illumination. The Aldi sign within the freestanding sign will be internally lit. The background is a dark color with the Aldi logo and name illuminated in compliance with the Zoning Ordinance. The two Aldi logo signs in the building corner tower will also be internally lit. The signs that read Food Market are not lit. The signs as designed should comply with the Zoning Ordinance lighting requirements. Staff will approve the lighting specifications for the signs at the time of permitting. Sign Variance. Variance criteria are provided in Section 401.04 of the Oak Park Heights Zoning Ordinance. The Planning Commission and the City Council should review the following criteria and conditions to determine if the variance is justified. 4 Page 51 of 76 Review Criteria. The Planning Commission and City Council should make a finding of fact that the proposed action will not: a. Impair an adequate supply of light and air to adjacent property. b. Unreasonably increase the congestion in the public street. c. Have the effect of allowing any district uses prohibited therein, permit a lesser degree of flood protection than the flood protection elevation for the particular area or permit standards which are lower than those required by State law. d. Increase the danger of fire or endanger the public safety. e. Unreasonably diminish or impair established property values within the neighborhood, or in any way be contrary to the intent of this Ordinance. f Violate the intent and purpose of the Comprehensive flan. g. Violate any of the terms or conditions of Item 5, below. Conditions for /approval. A variance from the terms of this Ordinance shall not be granted unless it can be demonstrated that: a. Undue hardship will result if the variance is denied due to the existence of special conditions and circumstances which are peculiar to the land, structure, or building involved and which are not applicable to other lands, structures or buildings in the same district. 1) Special cases may include exceptional topographic or water conditions or, in the case of an existing lot or parcel of record, narrowness, shallowness, insufficient area or shape of the property. 2) Undue hardship caused by the special conditions and circumstances rnay not be solely econornic in nature, if a reasonable use of the property exists under the terms of this Title. 3) Special conditions and circumstances causing undue hardship shall not be a result of lot size or building location when the lot qualifies as a buildable parcel. b. Literal interpretation of the provisions of this Ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this ordinance or deny the applicant the ability to put the property in question to a reasonable use. c. The special conditions and circumstances causing the undue hardship do not result from the actions of the applicant. d. Granting the variance requested will not confer on the applicant any special privilege that is denied by this Ordinance to other lands, structure or buildings n the same district under the same conditions. e. The request is not a result of non - conforming lands, structures or buildings in the same district. f. The request is not a use variance. g. The variance requested is the minirnum variance necessary to accomplish the intended purpose of the applicant. h. The request does not create an inconvenience to neighboring properties and uses. The applicant has provided a narrative found as Exhibit 20 with an explanation of hardship and justification for the variance. The main justification given is corporate identity and not desiring to vary from standard store appearance. A number of other businesses along the Highway 36 corridor have asked for a similar variance request. The proposed signs are relatively small in size and granting a variance request for two additional signs will not create an inconvenience to neighboring properties and uses. The overall proposed signage is 115 square feet less than what is allowable. The City has granted additional signs to allow better visibility from Highway 36 for other businesses in this area. The most recent example was the additional wall sign allowed for the Bremer bank. For these reasons, City staff recommends that the two additional wall signs be approved. S Page 52 of 76 Design Guidelines Sustainable Guidelines. City staff has questioned the applicant on how the project has been designed to achieve at least a certain degree of sustainability. The applicant will need to discuss the methods in building construction and site design with the Planning Commission of how these issues have been addressed. Architectural Guidelines. Facade Treatments The building will have a definite base, middle and top. The base is defined by a horizontal trim feature and the top by the row of windows on the most visible facades. The building is broken up by vertical pillars on all facades, There is a primary entrance well defined by the flower and awning feature. Ground Level Expression This is a one story building with a tower feature at the corner. The main entrance is well defined with a large area of glass, Transparency The building uses glass on all but the facade that is least visible. The Design Guidelines requires at least a 20 percent transparency on ground floor, street facing facades. The fagade facing 60 Street is approximately 27 percent transparent and the Nova Scotia facing fagade is 29 percent transparent. Entries The building features a prominent entry with a tower and awning. Roof Design The roofline is broken at the entrance corner by a tower feature. The Planning Commission should comment on the adequacy of this or if additional roof variation is preferable. The rooftop mechanical equipment will be screened. The Planning Commission should also comment on this. Buildinq Materials and Colors The applicant has provided color elevations for review. The primary building materials of brick and glass will exceed the 60 percent requirement. None of the prohibited building materials will be used. Building material samples will be available at the Planning Commission meeting. Franchise Architecture The building design and material selection will be consistent with the Cities design goals. 6 Page 53 of 76 Site Design Guidelines Buildinq Placement The proposed building has a well defined entrance facing the two adjacent streets. The building is set back to allow for parking and landscaping. Parking Areas The parking area is landscaped with adequately sized islands. Stormwater Stormwater will be addressed in the City Engineer's report. Pedestrian and Common Space A walkway has been added between the City trail and the front entrance of the building. Front entrance does not plan for any common space or seating areas. The Planning Commission should comment. Landscapin_q Building entrance plantings are required. The applicant should address a plan for adding plantings at the front entrance to the building. Trees /Shrubs The trees and shrubs used in the landscape plan shall be subject to the review and approval of the City Arborist. Utilites/ Service /Loadina /Drive - Through /Storaae Areas Addressed elsewhere in the planning report. Lighting Addressed elsewhere in the planning report. Siqnaqe Addressed elsewhere in the planning report. Pedestrian/ Bicvcle Routes A bike rack should be added near the front entrance of the building. CONCLUSION 1 RECOMMENDATION Upon review of the requests for preliminary and final plat, sign variance, site plan and Design Guidelines review, City Staff would recommend the project with the conditions as follows: 1. The final plat and development agreement shall be subject to review and approval of the City Engineer and the City Attorney. 7 Page 54 of 76 2. The cash park dedication amount shall be calculated by the City and shall be required prior to recording the final plat. 3. The Planning Commission should comment on the screening for the loading docks. 4. The grading, drainage and utility plans shall be subject to the review and approval of the City Engineer. 5. All lighting fixtures shall be full cut off and installed in compliance with the lighting standards of the Zoning Ordinance. All visible interior lighting shall also be full cut off. 6. The outdoor lighting shall be turned off one hour after closing, except for approved security lighting. 7. The landscape plans are subject to review and approval of the City Arborist. 8. The Planning Commission should discuss the sign variance and determine whether the request for the two additional signs is justified. 9. Mechanical equipment that is located on the roof and visible from street level or from neighborhood properties shall be screened with materials that blend harmoniously with the building fapade materials. The Planning Commission should comment. 10. Aldi has expressed a willingness to install a conduit in the 60 Street Right of Way for the Xcel powerlines. Installation of the conduit and lines shall be subject to the approval of the City Engineer. 11. The applicant shall address sustainability initiatives with the Planning Commission. 12. The Planning Commission shall discuss the roof design and adequacy of the mechanical screening. 13. The Planning Commission should comment on the building material selection and colors. 14. The Planning Commission should comment on the need for common space and seating areas at the front entrance. 15. The applicant shall provide a plan for the addition of front entrance plantings. 16. A bike rack shall be added at the front entrance of the building. 8 Page 55 of 76 Page 56 of 76 A RECOMMENDING RESOLUTION OF 'I HE PLANNING COMMISSION CI'T'Y OF OAK PARK HEIGHTS WASHINGTON COUN'T'Y, MINNESOTA A RESOLUTION ESTABLISHING FINDINGS OF FACT AND RECOMMENDING TO THE CITY COUNCIL. THAT THE REQUEST BY AL DI INC. FOR A 1 3 RELINIINAR Y/FINAL PLAT SITE PLAN, DESIGN GUIDELINES REVIEW AND VARIANCE OR TWO ADDITIONAL WALL SIGNS FOR A GROCERY STORE AT THE SOUTHEAST CORNER OF 60` S'I'I2EI +T stiout,i) BE APPROVED WITI4 CONDITIONS WHEREAS, the City of Oak lark Heights has received a request from Aldi Inc. fora preliminary /final plat, site flan, Design Guidelines review and a variance for two additional wall signs fora grocery store at the southeast corner o1' 60' Street North and Nova Scotia Avenue; and alter having conducted a public hearing relative thereto, the Planning Commission of Oak 1 €'k l kights males the following findings of fact: I . The real property affected by said application is legally described as follows, to wit: SEF, ATTACI IMI: NT A and ?. The applicant has submitted an application and suppo €'ting docunIe:ntation to the Community Development Department consisting of the following items; SET; ATTACl IM1 NT 13 and 3. The property is zoned 13 -4 Limited I3usi €less District in which € grocery stores are a permitted use; and 4. `l'hc site had not been previously platted and now requires a preliminary and final plat. The property will be platted as Alch Addition; and S. The applicants have requested a sign variance to allow 10 € two additional wall signs on the builchnb; and Page 57 of 76 6. City staff prepared a planning report dated .tune 3, 2010 reviewing the request; and 5. Said report recommended approval of the preliminary /final flat, site plan, Design Guidelines review and variance for two additional wall Sims subject to the fulfillment of conditions; and 6. T'he Planning Commission held a public hearing at their .tune 10, 2010 meeting, took comments from the applicants, Closed the public hearing, and made the following recommendation: NOW, THEREFORE, BE IT RESOLVED BY TI -II+. PLANNING COMMISSION FOR ` BE. CITY OF OAK PARK IIEIGH`I TIIAT THE PLANNING COMMISSION RECOMMENDS `i'IIE FOLLOWING: A. The application submitted by Aldi Inc. fora preliminary /final flat, site plan, Design Guidelines review and a variance lm two additional wall signs fora grocery stone at the southeast corner of 60"' Street North and Nova Scotia Avenue and affecting, the real prol)crty as follows: Sl ll; A'1 "1'ACI IMI: N'I' A The Planning Commission recommends to the City Council of the City of Oak Park Heights approval of the variance for the two wall signs subject to the following findings of fact: 1. The applicants have proposed a total of lour wall signs, two each on two facades of the building. 2. The total square footage of signage, including the monument sign is 185 square feet, or 115 square Iect less than the maximum allowed. 3. Two of the requested signs react "I Market" which is considered more for informational purposes rather than advertising. 4. The two additional wall signs ensure visibility and idenlification of the food store from both east and west bound traffic on Highway 36. The approvals are subject to the following; conditions: 1. The final plat and development agreement shall be subject to review and approval of the City ingineer and the City Attorney. Page 58 of 76 1 The cash park dedication amount skull be calculated by the City and shall be required prior to recording the fIlal plat. 3. The Planning Commission was favorable to the location of and the screening for the loading dock. 4. 'The grading, drainage and utility plans skull be subject to the review and approval of the City l;ngineer. 5. All lighting fixtures shall be Bill cut off and installed in compliance with the lighting standards of.' the Zoning Ordinance. All visible interior lighting shall also be full cut off. 6. The outdoor lighting shall be turned off one hour alter closing, except for approved security lighting. 7. The landscape plans are subject to review and approval of the City /lrborist, 8. The Planning Commission recommends the sign variance for two additional wall signs, each or€ dif1 - 61 - 0111. facades and not exceeding 22 square, feet each. 9 Mechanical equipment that is located on the roof and visible Iron street level or from. neighborhood properties shall be screened with materials that blend harmoniously with the building fayade materials. The Planning Commission was favorable to the screening devices. 10. The City does not object to nldi's plan to install a conduit in the 60` Street lZight of Way to facilitate the possible burial of Xccl distribution powcrlines located adjacent to the site. Installation of' the conduit and lines shall be subjcct to the approval of the City l:ngince1-. 11. The Planning Commission was favorable to the sustainability initiatives proposed by the applicant. 12. The Planning. Commission recommended that the applicant revise the building elevations to include decorative caps on each of the vertical column details. 13. The Planning Commission was favorable to the building, material selection and colors. 14. The Planning Commission recommended the addition of seating areas at the front entrance. J Page 59 of 76 15. The applicant shall provide a plan for the addition of front entrance plantings sub ;ect to review and approval of City Stall. 16. A bike rack shall be added at the front entrance of the building. Recommended by the Planning Commission of the City of Oak Park Heights this 10' clay of June, 2010. - .......---- ------------- .................. _ ...--- - - - - -- -- ....._ . -_ - -- - . ......... -- Jennifer Bye, Chair ATTEIST: ........... . ........ ._. -- .................................... ... ... -. Eric A. Johnson. City Administrator Ll Page 60 of 76 ATTACHMENT A l Preliminary & Final Plat, Site Plan, Design Guidelines Review &'Variance for Two Additional Nall Signs Aldi, Inc. - Grocery Store 13733 60 "' St. N. Washington County GEO Code: 05.029.20.1 1.0012 Lcual Description: 'Flie West 300.00 feet of the; last 1013.00 feet of the North 325.00 feet of the Northeast Quarter of the Northeast Quartet' of Section 5, Township 29 North, Range 20 West, Washington Comity, Minnesota, as n)easured at a right ankle to the Fast line and the North line of said Northeast Quarter of the Northeast Quarts) (formes Pi operty .... 'J'orrens Certiiicaie ol No. 62080. Physical Address. 13733 60"' St. N., Oak Park 1leights, MN 5.5082 Page 61 of 76 Art TACIIMENT 13 r a Preliminary & Final Plat, Site Plan, Design Guidelines Review & Variance for Two Additional Wall Signs Aldi, Inc. W Grocery Store 13733 60"' St. N. Application Materials ® Application l�'orm ® bees Plan Sets {3 Large Scale Sets /20 1 1X17 Sets) Miritten Narrative and Graphic Materials I xplainillg Proposal Mailing I..ist from Washington County (500' front subject property) Proof of Ownership or Authorization to Proceed Property Tax Statement(s)/l.,egal Description(s) Conference With City Sta11' Upon Application Submittal. May 19, 2010 Public Hearing. RIFIC 10. 2010 Required Approvals. Planning Commission Majority Vote City COMICil Majority Vote Variance -- Lapse of Approval. Unless the City Council specifically approves a differernt time when action is officially Wkell on [lie request, the variance shall become null and void twelve (12) months after the date of approval, Ullk',SS the property owner or applicant has substantially started the Construction of ally building structure, addition or alteration. ol use requested as part o #this variance. The properly owner shall have the right to submit an application to extend the approval of a variance to the Zoning Administrator not less than thirty (30) days before the expiration of said approval. (q01 AC .1 401 A.C'.2) Page 62 of 76 RESOLUTION NO. CITY COUNCIL CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA A RESOLUTION ESTABLISHING FINDINGS OF FACT AND RESOLUTI OF THE CITY COUNCIL THAT THE REQUEST BY ALDI INC. FOR A PRELIMINARY/ FINAL PLAT, SITE Pl.,AN, DESIGN GUIDELINES REVIEW AND VARIANCE FOR TWO ADDITIONAL 'WALT.. SIGNS FOR A GROCERY STORE AT THE SOUTHEAST CORNER OF 60 "" STREr BE APMOVED WITH CONDITIONS WHERI {SAS, the C7ity of0ak Park 1- leights has received a request from Aldi Inc. for a preliminary /final flat, site flan, Design Guidelines review and a variance for two additional wall signs for a grocery store at the southeast corner oi'60 Street North and Nova Scotia Avenue;; and after having conducted a public hearing relative thereto, the Planning Commission of Oak Park I leights recommended shat the request be approved with conditions. 'I'lic; City Council ofthe City of 0ak Purl: I leights makes the following findings of fact and resolution: 1. The real property affected by said application is legally described as follows, to wit: SI?I AT'I'A 0 1 M E'NT A 'Intl ?. 'Hie applicant has submitted an application and supporting doctimentatlon to the COMmunity Development Department conslstln�, o1 the following items: SE ` A'F1'ACl I MEM' I3 and 3. The property is zoned f3 -1. Limited Business District in which retail grocery stores are a permitted use; and 4. 'flit site had not been previously platted and now requites a preliminary ancf final plat. The property will be platted as Aldi Addition; and 5. The applicants have requested a sign variance to allow for two additional wall signs on the building; and Page 63 of 76 6. City siaff prepared a planning report dated .Tune 3, 2010 reviewing the request; and 7. Said report recommended approval of the preliminary /final plat, site plain, Design Guidelines review and variance for two additional wall signs subject to the fglfillillent of conditions; and 8. 1 Planning Commission held a public hearing at their tune 10, 201 meeting, took comments from till', applicants, closed the public hearing, and recommended that the application be approved with conditions. NOW, THEREFORE, 13E rr RESOI,YI?,I.3 I3Y `I'[ -iE CI'I Y COUNCIL O THE C OF OAK PARK III��I(FIITS 'I HAT THE CI'T'Y COUNCIL APPROVES THE FOLLOWING: A. The application submitted by Aldi Inc. for a preliminary /final plat, site plajl, Design Guidelines review and a variance for two additional wall signs fora grocery store at the southeast corner of 60' Street North and Nova Scotia .Avenge; and affecting the real property as follows: SEE A l'ACI IM1�,NT A The City Council cif the City of Oak Park I leights approval of the variance for the two wall signs is subject to the fallowing findings of fact: I . The applicants have proposed a total of f our wall signs, two cash on two facades of the building. 2. T'he total square footage of signagc, including the monument sign is 185 square feet, or 115 square feet less than the maximurn allowed, 3. Two of the requested signs read "Food Market" which is considered more 6or informational purposes rattler than advertising. 4. The two additional wall signs ensure visibility and identification of the rood store from both east and west bound traffic on Highway 36. The approvals are subject to the following conditions: I. The final plat and development agreement shall be subject to review Inc] approval of the City l ngineer and the City Attorney. Page 64 of 76 2. The cash park dedication amount shall be calculated by the City and shall be r'equir'ed prior to recording the final plat. 3. The Planning Commission recommended and the City Council approved the location of and the screening for the loading dock. 4. The grading, drainage and utility plans shall be subject to the review and approval of the City 1:1'ngineer. 5. All lighting fixtures shall be Iu1l cut ofd' and installed in compliance with the lighting standards of the Zoning Or'd'inance. All visible interior fighting shall also be full cut off. 6. The outdoor lighting shall be tuI'Ited off one hour after closing, except for approved security lighting. 7. The landscape plans are subject to review and approval of the City Arborist. 8, The Planning. Commission recommended and the City Council approved the sign variance Ior two additional wall signs, each on different fiacades and not exceeding 22 square feet each. 9. ]Mechanical equipment that Is located on the roof and visible from street level of from nelghborhood properties shall be screcned with materials that blend harmoniously with the building facade materials. The Planning Commission recommended and the City Council approved the screening devices. 10. The City does not object to Aldi's plan to install a conduit in the 60 °i Street Right of Way to facilitate the possible burial of Xecl distribution powerfines located adjacent to the site. Installation of the conduit and lines shall be subject to the approval of the City Engineer, 11. The Planning Commission recommended and the City Council approved the sustainability initiatives proposed by the applicant. 12. The Planning Commission recommended and the City Council approved the plan to add decorative caps on each of the vertical column details. 13. The Planning Commission recommended and the City COlrnCil approved the building material selection and color's. 14. The Planning Commission recommended and the City Council approved the addition of seating areas at the front entrance. Page 65 of 76 15. The applicant shall provide a flan for the addition of front elitrance plantings subject to review and approval of City Stain. 16. A bike rack shall be added at the front entrance of the building. Approved by the City Council of the City of Oak Park Heights till's 22"' I clay of .tune, 2010. .. ... . . . .. . . . . . .. ................ David Beaudet, Mayor NI ST: . .........................__ -- - ..... _.... - - - -- ------ ...............__ - -- 1?ric A. Johnson, City Administrator d Page 66 of 76 A`I TACI INTENT A O T- _ Preliminary & Final Plat, Site Plan, Design Guidelines Review & Variance for Two Additional Wall Signs Aldi, Inc. - Grocery Store 13733 60 "' St. N. Washington County GTO Code: 05,029.20.1 1.0042 Legal Description The West 300.00 Feet of the East 1013.00 feet of the North 325.00 feet of the Northeast Quarter• of the Northeast Quartet of Section 5, Township 29 North, Range 20 West. Washington County- Minnesota, as measured at a right angle to the last lilac and the North line of said Northeast Quartet of the Norlheast Quarter. (Tori Property Torre:ns C'ertilicate of "C'Me Nip. 52084). Physical Address- 13733 60` St. N., Oar: Park heights, MN 55082 Page 67 of 76 AT I HMENT 13 r M Preliminary & Final flat, Site Plan, Design (Xuidelines Review chi Variance. for Two Additional Wall Signs Aldi, Inc. - Grocery Store 13733 60"' St. N. Application Materials ® Application l ® Fces ® Plan Sias () Large Scale Sets/20 1 1 X 17 Sets) ® Written Narrative and Graphic Materials Explaining Proposal * Mailing List from Washington County (700' Crom subject property) * Proof oCOwnership or Authorization to Proceed Property Tax Statcment(s) /Legal Description(s) Conference With City Staff Upon Application Submittal. May 19, 2010 Public Hearing .lunc 10, 2010 Required Approvals: Planning Commission Majority Vote City Council Majority Vote Variance — Lapse of Approval: Unless the City Council specifically approves a different time when action is officially taken o,1 the request, the variance: shall become nult and void twelve (12) months alter the date of approval, unless the property owner or applicant has substantially started the construction of any building structure, addition or alteration, or use requested as part of this variance. The property owner shall have the right to submit an application to extend the approval of a variance to the Zoning Administrator not less than thirty (30) clays before; the expiration of'said approval. (401 AC .1 401.4.0.2) Page 68 of 76 tai; •�, Oak dark Heights Request for Council Action Meeting Date Tuesday. Jute -22 291.0 Agenda Item _2010 Seal Coat Proiect Time Req. 5 mills. Agenda Placement - _ New I3usiness Orig inating Dc . artment /Rc uestor , Public Works/Andy Ke�41ev, Public Works Director Requester's Sil;natuVe- ___ ".. °�W r -- ......__....- _..... Action Requested npptove 2010 Seq,1_. Background /.lustili cation (Please indicate any previous action has been taken or if other public bodies have been advised). - 1 1 1case sec; memo dated 6/18/10 Re: 2010 Propose(( deal Coat- Recommendations: 1. Approve staff to enter into a contract with the City of Stillwater to allow Allied Blacktop Co. to proceed with the proposed 2010 seal coat based on bided amounts; and approve staff to enter into contracts with. a crack seal contractor and street painting contractor. The crack seal, seal coat and street painting contracts shall not exceed the 2010 proiected expenditure of $1 65,000. Page 69 of 76 Cit »,�, �� y �� 8�� x���_�-l�}—~^�-�� ' ����� ]���� ����� l4168 Oak Park Blvd N^ Box %0V7° Oak Park Heights, MN55082°ybvo*(65|)4]9'44J9 Fax 439-0574 ���������p���� 0���m�-emw��� n�o��N�Nn�x��� To: Eric Johnson, City Administrator From- Andrew Kegley, Public Works Director CC: Mayor and Council Date: 06/102010 Re: 2U10 Proposed Seal coat Sen|Coni As reported ill tile May 2010 I)Ltblic works update, Oak Park 1-leightsjoined Stillwater and several surrounding communities in bidding 2OlO sea] coat work tooht hi n better price 6v increasing the ov*rxUqoundtks/hrthcoontcuotur,tboulo`vodn800i1contsfbrhndividuw|cnmmuuides.Tp'o companies, Allied Blacktop Co. and Pearson Bros. |oo. submitted bids to specifications provided hy SW}vvuter`xouQixcm'ingdept. Allied Blacktop Co. provided the lowest bid ot$2.85pvrKaDnn nfC8S'2 mno|yiou nod $58.60 per ton for l/8" F/\-3 Cl. A aggregate. The project specifications oxU {m the sea] ovot to take place between July 38 m ,20|0undAu�uvt28 August (late iolikely. Based oil the City's fivn(B yea" uu`in{cnonoe cycle the {bUowio�o�oubxo:dvubxZOl0x�o* nlmiotoumnco: (also see tile attached map: Oak Park Heights 3Ol0Sox|ouu[-Proposed) w /\ section of50 1 .3nnctN between yJoroU Ave and Nuo) Ave w Neal Ave � l{nlC&orLo. * 00 S\n:o| N Drom yJoreU Ave to Neal Ave -- based ml all o&reonum/t with MW/Do(Uh* City is responsible to maintain this section of tile Onntage rood ^ l4u|m/Pkv. w No|onLo, l{ the above streets arc to be sea] coated, on exdmu{ud 60,242 xq.ydx o[aodfiaue area must be covered with emulsion and aggregate. 1[bu oudmuu|ed cost for emulsion hnpcd oil the $2.85 per gallon bid pdoc is $44,637; the uxhmn1cd cost for aggregate based on \ho $5860 per ton W8 is $42,368. The opmhiuud t f ti sea co at podiuoo[ tile p 'oct ixm`estimated $87,005, -'-....... ... ..... --_-.---_--_-___-__.~~~�� TREE ( Page mo,7n Crack Routing and Seal I requested quotes for crack routing and seal on the previously mentioned streets based on specifications from previous years. Two companies submitted quotes, Fahrner Asphalt and Classic Asphalt. Fahrner Asphalt had the lowest unit price of $1.62 per Lb, of hot poured rubberized tar sealant; an estimated 13,500 lbs. will be needed to fill routed cracks on the six (6) streets proposed for a 2010 seal coat. The total estimated cost for crack seal is $21,870. Street Stripping Quotes for street stripping have not yet been submitted; however several companies have been contacted. The linear feet of paint required for 2010 nearly doubles from 2009 quantities because 58 "' Street N, Neal Ave N, 60 "' Street N and Krueger Ln have several painted traffic lines. Based on 2009's cost per lineal fl. the roughly estimated cost may be S I T $20,000. Funding 'I"his project would be funded by the seal coat fund in budgeted projects. A 2010 transfer in of $65,000 leaves a current balance of $249,501. The projected 2010 expenditure is $165,000 leaving a balance after the 2010 project completion of $85,501. To date the estimated total cost for all proposed 2010 street maintenance is an estimated $130,615 which includes a 2% bid administration fee to the City of Stillwater. Attachments; A. Oak Park I- ieigltts 2010 Sealcoat- 1'ropose(i slap B. Seal Coat project figures C. Project cost breakdown 2 TREE CITY U.S.A. Page 71 of 76 Oak Park Heights 2010 Scalcoat - Proposed 77 �05�02?ii DUM k P�, k Blvd U., ATI W7 hl A., I , AM d, -- wK ISO 1 too 1 4 '14 4 hot how . . . . . . . . . . s li t' � X M 4 € a.• �.N .. �:�o o - Gr III I , 7� T R - - S �, r,� i _ , j i Nut 2Y00 3,000 4500 Sul N Sea] Coat Project Figures Previous Width Length Culde- Surface Convert to Street Name [�laintncea (ft.) (ft.) sacs Area sq yd (sq ft (sq. ft.) /g) 58th Street N lcoated in 2002 50 3750 0 187,500 20,833 200 a 60th Street N No records 35 3000 0 105,000 11,667 Krugger L.n Sea €coated in 35 1260 0 44,100 4,900 2002 Neal Ave No records 50 1750 0 87,500 9,722 Nolan Ln Constructed in 30 846 0 25,380 2,820 2003 Nolan Pky Constructed in 30 3090 0 92,700 10,300 2003 Total 542,18€ 60,242 Emulsion Figures .26 (gallons of emulsion per sq yd) * 60,242(sq yds) = 15,662 gals. required \\ 15,662 gals * $2.85 = N $44,637 Chip bock Figures 24 (lbs per sq yd of rock) * 60,242(sq yd) = 1,445,808 Ibs of rock \\ 1,445,808/2000 (Ibs per ton) = - 723 tons of rock required 723 tons * $58.60 per ton = $42,368 Seal Coat Sub - Totals Emulsion ;44,637 1/8" Chip rock $42,368 Seal Coat Total $87,005 E:\PROJECTS\Sea! Coat - 2010�Seal coat figures - 2010.x& Project C ost B reakdown ,,......... Task De ..................... ..........- ... ..........Sub Total Total . ....................... ....... � Seal Coat - Emulsion $44,637 Seal Coat - 1/8" chip rock $42,368 Sub total - seal coat $87,005 2 % bid administrative fee $1,740 Seal Coat Portion Total $88,7€5 Crack routing and seal $21,870 Crack seal Portion 'Total $21,870 Street Painting (Estimated) Received no written quotes to date- $20,000 $20,000 2010 Street Maintenance Total $130,615 F:\PROJECTS\Seal Coat - 7010\Seal coat figures- 2010.x1sx Page 74 of 76 S Oak Park Heights Request for Council Action Meeting Date June 22nd, 2010 'rime Required Minutes Agenda Item Title: Discuss Possible, Ordinance Related. to "Social Hosting". Agenda Placement New Business ---- ----------- -- Originating Department/ Requestor ---.—Councili Swenson ---- - - - - Requester's ------ ...... . ........ ---------- ----- Action Requested.. Discussimi, Possible .Action . Bael(gro (Please indicate if any previous action has been taken or if other public bodies have advised) I would like to discuss the possibility of the City implementing an ordinance related to alcoholic consumption by minor through "Social Hosting" by parents or guardians. I would like to see clarifications incur Ordinances that: 1, discourages the providing alcoholic beverages to tninom, 20 discourages underage possession and consumption of alcohol, even if done within the confines of a private residence, If this concept is amenable to the Council, I would like the City Council to direct staff prepare, a final ordinance that would rake enforcement in the City more direct. Chief DeR.osier will be available for this discussion. Page 75 of 76 'rbis Page Is Left Intentionally Blank. 1 Page 76 of 76