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HomeMy WebLinkAbout10-26-10 Council PacketCITY OF OAK PARK -I.EIGHTS T 'UESDAY, OCTO BER 26, 201I0 CITY COUNCIL, MEETING AGENDA 7000 P.M. 7:00 p.m. 1. Call to Order/Pledge of Alli / Avorov al of Age nda T'stimated thnes 7:05 p.m. 11. De partmcnt/Coun cil L. iaisoi7 Re ports A. Planning Commission B. Parks Commission C. Water Management Organizations D. Other Liaison /Staff reports 7:10 p.m. III. Visit /Public Comment Recycling Award (1) This is an opportunity for the public to address the Conneil with questions or concerns Ml issues not part ( }f file regular agenda. (t'lease limit co1l1nl01lts to 3 minutes in long €h.) 7:15 p.m. IV. C onsent Aged �j (Roll Call Vote) A. Approve Bills & investments B. Approve City Council Minutes - -- October 12.. 2010 (2) C. Approve "Tobacco License for Millenniu.111 Projects, LLC dba Oaks Wine &Spirits ( ) D. Approve 'tobacco License for Northern `Pier Retail LLC dba Supel 4549 ( E. Change Order 16 ._ 2008 Trail and Park In (5) F. Miller Construction, Inc. 6"' and Final Payment for 2008 Trail and Park Improvements (6) G. Millen Excavating, Ine. Final Payment for 2010 Storm Sewer Improvements (7) H. Contract with Northland Securities for l,imiied Disclosure Dissemination Agent Agreement (8) I. Approve Resolution Accepting Donation from Stillwater Glass -- $138.24 Value ( 7:20 p.n V. Public I- l earin;;s None 7:20 p.m. V1. Old Business A. City Mall Facility (no enclosure) 7:30 p.na. V11. New Business A. Approve .IPA with Police Department and State of Minnesota (10) B. Oak Park Heights -- Dairy Queen --- 14447 60` Street North -- Conditional Use Permit, Site Plan and Design Guidelines Review (11) Page 1 of 76 City Council Agenda October 26, 2010 Page 2 7:45 p.m. Vil 1. Closed Session A. Labor Negotiations 8:00 P.M. IX. Mourn Page 2 of 76 r Oak Park Heights Request for Council Action Meeting Date October 26, 2010 E"a-M-jKa- Agenda Item Recyclin Award Time Req, ^ 0 Agenda I lacennent Visitors /Public Comment Originating DepartmentlR.equestor Admi nistration /Jennifer Pirlski Requester's Signature Action Requested Re ceive lnl�ormadon 13ackgj•ouj7ci /Justil�icatioa (Please indicate any previous action has been taken or ii' other public bodies have been advised). See Attached. Page 3 of 76 CITY OF OAK PARK HEIGHTS 14168 Oak Park Boulevard No. ° P.O, Box ").007 ° Oak I'ark Heights, MN 55052 -2007 ^ Fhone: 6511439 -9439 ° Fix: 6511439 -0;574 October 21, 2010 Melvin & Phyllis Witzel 144.80 55` Street North Oak Park Heights, MN 55082 Dear Melvin & Phyllis: 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, October 21, 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 -4430 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 Tree City U.S. A. Page 4 of 76 Oak Park Heights Request for Council Action Meeting Date Octo ber 26, 2010 Agenda Item _Appro City Council Minutes October 12, 2010 Time Reel..,. Agenda Placement Consent Originating Department /Requestor Administrationlienn I' inski Requester's Signature Action Requested .... /approve Background /Justification (Please indicate any previous action has been taken or if other public bodics have been advised). See Attached. Page 5 of 76 CITY OF ®AID PARK HEIGHTS TUESDAY, OCTOBER 12, 2010 CITY COUNCIL MEETING MINUTES I. Call to Order /Pledge of Allegiance /Approval of Agenda The meeting was called to order at 7:00 pax. by Mayor Beaudet. Present: Councilmembers Abrahamson, MCComber, Runk, and Swenson. Staff present: City Administrator Johnson, City Attorney Vierling, and City Engineer Long. Absent: City Planner Richards. Mayor Beaudet added "Authorize Staff to flan Retirement Gathering at City hall for Deputy Clerk /1 inance Director Judy I lolst" as Consent Item I;, "I;nginecring RFP Process — Set Worksessiorn for Firm Interviews on November 9 at 5:30 p.m." as Old Business Item B, and "Approve Letter to Business Owners Indicating City's Position on. St. Croix River Crossing" as Old Business Item C. Councilrizeniber McConnber, seconded by Councifinenaber Swenson, moved to approve the Agenda as amended. Carried 5 -0. IL De partianent /C:ouncil Liaison F aorta: A. Plan , C Councilrrrember Abrahamson reported that the neat meeting of the Planning Commission was set for October 14 at 7:00 p.m. B. Parks Commission: Councilmernber McComber reported that the next meeting of the Parks Commission was set for October 18 at 7:00 p.m. C. Water Managernent _Ommnizations /Middle St. Croix: Mayor Beaudet reported that the next meeting of the Middle St. Croix Watershed Management Organization was scheduled for October 14 at 7:00 p.m. at the Washington Conservation District Office. D. Other Liaison /St aff Reports: Mayor Beaudet reported that the City Hall Facility Open I -louse and Dedication Ceremony was successful and thanked the City stale who were present at the event, III. Visitors /Public Comment: Recycling Award: Administrative Secretary Pinski reported that Neal and Barbara Rose of 5345 Ojibway Avenue North were chosen as the recycling award winners. IV. Consent Agenda: A. Approve Bills & Irnvestmernts Page 6 of 76 City Council Meeting Minutes October 12, 2010 Page 2 of 2 B. Approve City Council Minutes _.W September 28, 2010 C. Approve Off -Sale Liquor License Transfer for Millennium Projects LLC dba Oaks Wine and Spirits D. Authorize Staff to flan Retirement Gathering at City Hall for Deputy Clerk/Finance Director Judy Ilolst Councilmen Swenson, seconded by Councilmember Runk, moved to approve the Consent agenda. Roll call vote taken. Carried 5 - 0. V. Public flearinas: None Vt. Old Business: A. CitK_Ia Fa cili�: Nothing; to report. B. Eli >�i� I C log I FTI Pro -- Set Worksession for h irm Interviews on Novembe q at 5:30 p Mayor Beaudet, seconded by Councilmember McComber, moved to set a worksession for firm interviews on November 9 at 5:30 p.m, Girrie,d 5 -0. C. � gv ��tter . Owner_Indicatin �_ City's Po sition oil St.. Croix App o� c L,utte z to 13u s Business _ - -- — - - River Crossing: Councilmember Runk, seconded by Councilmember McComber, moved to send the letter that was drafted to business owners. Carried 5 -0. VI 1. New Business: A. Boutwells Landing SK Run/R 1011011 „0: Councilmember Swenson, seconded by Councilmember Runk, moved to waive the $500.00 impact fee. Carried 5 -0. Councilmember Swenson, seconded by Councilmember McComber, moved to authorize the 5K race with the recommendation of staff. Carried 5 -0. VIII. Adjournment: Councilmember McComber, seconded by Councilmember Runk, moved to adjourn at 7:12 p.m. Respectfully submitted, Jennifer Pinski Administrative Secretary/Deputy Clerk Approved as to Content and Form, David I3eaudet Mayor Page 7 of 76 This Page Is Left Intentionally Blank. f Page 8 of 76 Oak Park Heights .3 Request for Council Action Meeting Date !agenda Item Time Req. October 26, 2010 New "tobacco License for Millennium Proiects LLC; dba Oaks Wine and Soirits (agenda Placement Consent Originating De artment /Requestor Administ:ration/,lennifer Pinski Requester's Signature t Action Requested Approve ..................... . ................................. .... ... ..... Background/Justification (Please indicate any previous action has been taken or if o €leer public bodies have been advised.). An application has been received from Millennium projects LLC; dba Oaks Wine and Spirits for a tobacco license at 5805 Neal !avenue North effective October 31, 2010. All fees and information required per City Ordinance 1409 have been received. The criminal history checks have been completed with nothing negative found. I recommend approval of the " fobacco License for Millennium Projects 1.,LC dba Oaks Wine and Spirits. Page 9 of 76 'nis Page is Left Intentionally Blank. y r�4' Page 10 of 76 3 v ^P Oak Park Heights Request for Council Action Meeting Date October 26, 2010 Agenda Item AI31?rov New To bacco I..,icensc for No rther n 'fie. Retail LLC dba SutmrAmerica 4549 Time R.eq. _._ Agenda Placement ('OIaselat Originating Department /Renuestor Requester's Signatl r(k_ Action Requested Approve inistrationl.Ienni�fer Pinski Background /Justification (Please indicate any previous action has been taken or if other public bodies have beers advised). An application has been received fron Nor €horn "bier Retail L,L.,C` dba Supe;rAmerica 4549 for ai tobacco license; at 55804 Neal Avenue North effective November 1, 2010. I recommend approval of the Tobacco License Ior Northern 'Fier Retail L LC.'. dba SuperAmerica 4549, '_ vi This Page Is Left Intentionally Bhu& Page 12 of 76 Oak Park Heights Request for Council .Action Meeting Date October 26 2010 Time Required: 1 Minute Agenda Item , ritie: Change Order #3 - 2008 Trail and Park Improvements ,agenda Placement Consent Originating Department/ Requestor Finance -Betty Caruso Finance Director Requesters Signature Action Requested Approv Cha nge Order #3 to 2008 'frail and Park Impioverrlents Background /,Justification (Please indicate if any previous action has been taken or if other public bodies have advised): The 2008 Trail and Parr Improvements Change Order #3 provides for the relocation of the tennis court backboard at S ager. Park See attached Change Order 113. Staff recommendation is to approve Change Order #3o Page 13 of 76 Bonestroo )caner; City of Oak Park Heights, 14168 Oak Park Blvd. N., P. 0. Box 2007 Oak Park Heights MN 55082 Date October 20 201[ -ontractor: Miller Excavating Inc, 3636 Stagecoach Trail N. Stillwater MN 55082 3ond Co: Granite Re Inc. 14001 Quail Plaza Dr, Oklahoma City OK 73134 Bond No: GRMN27798A CHANGE ORDER NO. 3 2008 TRAIL AND PARK IMPROVEMENTS BONESTROO FILE NO. 000055 - 08152 -0 bescriotion of Work This Change Order provides for compensation to the Contractor for the relocation of the tennis court backboard at Swager Park. The backboard was relocated from the northeast corner of the court to the southwest corner. Additional posts were required at the new location to stabilize for wind loading. Contract Unit Total No. Item Knit quantity Price Amount CHANGE GIRDER NO. 3 _�_ 1 RELOCATE TENNIS COURT BACKBOARD LS I x;1,530.00 $1,530.00 TOTAL CHANCE ORDER NO. 3: $1,530.00 5508152CH03 AIM Page 14 of 76 Original Contract Amount Previous Change Orders This Change Order Revised Contract Amount (including this change order) CHANGE IN CONTRACT TIMES Original Contract Times: Substantial Completion (days or date): Ready for final Payment (days or date): Increase of this Change Order: Substantial Completion (days or date): Ready for final Payment (days or date): Contract Time with all approved Change Orders: Substantial Completion (days or date): Ready for final Payment (days or date): Recommended for Approval by: BO N ESTROO Approved by Contractor: MILLER EXCAVATING, INC. Date cc: Owner Contractor Bonding Company Bonestroo & Assoc. Date: $365,751,10 $1,283.60 $1,530.00 $368,564,70 Approved by Owner: CITY OF OAK PARK HEIGHTS Date 550815201-103 a1snn Page 15 of 76 This 'age Is Left Intentionally Blank. � F'1U Page 16 of 76 , Oak ark ellltS ft Request for Council Action Meeting Date October 26 20 1 0 Agenda Item Title Miller Construction Inc. 6111 and Final Payment for 2008 Trail and Park Improvements Agenda Placement Cons ent Originating Department / Requestor _Finance — Betty Caruso, Finance Director Requester's Signature _. ----- Action Requested Approve 6111 and final request to Miller Excavating Inc. for the the 2008 'frail and Park Improvements Background/Justification), See attached memo and pay request. Page 17 of 76 From: Judy Holst, Deputy ClerldFinance Director Date: October 21, 2010 Re 2008 `Frail and. Park Iniprovements Please accept for the October 26` Council meeting agenda the attached request for final payment to Miller Excavating, Inc. in the amount of $8,737.03 for the 2008 Trail and Park Improvements project. The payment has been approved by engineering and reviewed by the Finance Department. The Finance Department recommends approval of this payment. Thank You Page 18 of 76 2335 Highway 36 W St. €'aul, MN 55113 Tel 651 - 636 -4600 Fax 651- 636 -1311 MAM. bWLStT oo. com S= November 21, 2010 Mr. Eric Johnson City of Oak Park Heights 14168 Oak Park Blvd. P.O. Box 2007 Oak Park Heights, MN 55082 -2007 Re: 2008 Trail and Park Improvements Oak Park Heights Bonestroo File No.: 000055 - 08152.0 Dear Eric, Enclosed are three (3) copies of Request for Payment No. 6 and Final, including three (3) copies of Change Order No. 3, provided by the contractor for the aforementioned project. The IC -134 Forms and Lien Waivers have also been provided by the contractor and are enclosed. The contractor, Miller Excavating, Inc., in accordance with the contract plans and specifications, has satisfactorily completed this work. Therefore, it is recommended that final payment of $8,737.03 is made and the City of Oak Park Heights accepts the project. After acceptance, please distribute all requests for payments as appropriate. The original contract amount as indicated on the Contractor's Request for Payment is $365,751.10. The contract was amended to include three change orders, resulting in a Revised Contract Amount of $368,564.70. 'The final construction cost is $361,881.25, which is less than the Revised Contract Amount and the Original Contract Amount. Change Order Summary: ® Change Order No. t — This change order provided a deduction for the work entailed with the removal of the bituminous trail crossing at Osgood Avenue North. Part 2 of this change order provided for the compensation of the construction of two pedestrian ramps located on the existing trail by the car dealership on Neal Avenue North. ® Change Order No. 2 -- This change order provided for the removal of tree stumps and widening of trails at Brekke Park Trail and Valley View Park North Trail, It also provided for the additional slope grading by the park shelter at Valley View Park South. ® Change Order No. 3 — This change order provided for the relocation of the tennis court backboard at Swager Park. Oak PY/ Heights 2008 !rail and P,?ik ImprovomoNs f ige2 0c10ber 7. z, 2010 We have reviewed the original project costs for each part of this project and compared those to the final construction costs as stated below: As indicated above in the Project Totals, the Final Construction Amount had a $6,683.45 under I1111. If you have any questions or require further information please call nee at 651- 604 -4808. Sincerely, BONESTROO //-/ A - ��- I Christopher W. Long, P.E. copy: Mark Hanson File Page 20 of 76 Original Final Contract Construction Amount Amount BAS BID Part 1 - Swager Park Tennis Courts Replacement $114,234.00 $112,691.75 Part 2 -- Brekke Park Concrete Rink 127,221.00 125,593.25 Part 3 - Brekke Park Trail 29,233.65 31,813.10 Part 4 - Valley View Park North Trail 25,858.00 22,036.85 Part 5 - Pedestrian Ramps 5,559.25 4,947.25 Alternate No. 3 - Brekke Park Pleasure Rink 49,992.20 48,532.15 Alternate No. 4A - Valley View Park South, Retaining Wall Removal and Grading 6,548.75 7,090.00 Alternate No. 413 -- Valley View Park South, Trail mm 7,104.2 5 _ 6, 143.30 SUBTOTAL - -- BASF BID $365,751 10 $359,447.65 Change Order N0. 1 (3,476.40) (3,8 56.40) Change Order No. 2 4,760.00 4,760.00 Change Order No. 3 W 1 530.00 -j - -0 Q PROJECT TOTAL AMOUNTS $368,564.70 $361,881.25 As indicated above in the Project Totals, the Final Construction Amount had a $6,683.45 under I1111. If you have any questions or require further information please call nee at 651- 604 -4808. Sincerely, BONESTROO //-/ A - ��- I Christopher W. Long, P.E. copy: Mark Hanson File Page 20 of 76 AI. City of Oak Park Heights, 14168 Oak Park Blvd. N., oir Owner: P. O. Box 2007 Oak Park Hei h ts, MN 55082 BOnUStr00 For Period: 11/15/2008 to 10/20/2010 Contractor: Miller Excavatin Inc., 3636 Stagecoa Trail N Stillwater CONTRACT REQUEST FOR PAYMENT 2008 TRAIL AND PARK IMPROVEMENTS BONESTR00 FILE NO. 000055- 08152 -0 SUMMARY 1 Original Contract Amount 2 Change Order - Addition 3 Change Order - Deduction 4 Revised Contract Amount 5 Value Completed to Date 6 Material on Hand 7 Amount Earned 8 Less Retainage 0 9 Subtotal 10 Less Amount Paid Previously 11 Liquidated damages - 12 AMOUNT DUE THIS REQUEST J--OR PAYMENT NO. $ 29 0.0O 6 A ND FINAL Recommended for Approval by: BONESTROO Approved by Contractor: MILLER EXCAVATING, INC. Specified Contract Completion Date: Date Octobers 20: est N( 6 AND FINAL $ — 3G 0.00 $ 3 0.00 $__...._ _ 3G�8 3 $ _ 0.00 $ _ 8,737.03 Approved by Owner: CITY OF OAK PARK HEIGHTS Date: 5508152REQU I NAL Asin Page 21 of 76 60 PAVEMENT MESSAGE, RIGHT TURN ARROW - EPDXY EA 2 165.00 2 Page 22 all p0 55081 52RLU6FiNAL,r[sm Contract Unit Current Quantity Amount No. Item Unit Q ty uanti Price Quantity to bate to Date PART I - SWAGER PARK TENNIS COURTS REPLACEMENT 1 MOBILIZATION LS 1 3000.00 1 $3,000.00 2 'TEMPORARY ROCK CONSTRUCTION ENTRANCE TN 20 30,00 33.17 $995.10 3 REMOVE TENNIS COURT FENCE, POSTS, AND FOOTINGS LS 1 2500.00 1 $2,500.00 4 REMOVE TENNIS COURT PAVING SY 1225 2.00 1225 $2,450.00 5 REMOVE TREE EA 2 200.00 2 $400.00 6 REMOVE BITUMINOUS PATH SY 115 100 200 $600.00 7 COMMON EXCAVATION (CV) CY 3050 S.00 3050 $15,250.00 8 GEOTEXTILE FABRIC, TYPE IV SY 1570 1.50 1570 $2,355,00 9 4" HDPE PERFORATED DRAIN TILE LF 770 6.00 770 $4,620.00 10 4" HDPE NON - PERFORATED DRAIN TILE LF 18 6.00 18 $I08.00 11 BACKWATER VALVE EA I IS0,00 1 $150.00 12 SELECT GRANULAR BORROW TN 2390 7.00 2405 $15,835.00 13 AGGREGATE BASE, CLASS 5, 100% CRUSHED TN 600 13.50 600 $8,100.00 14 TYPE LV 3 NON WEARING COURSE MIXTURE (B) TN 145 60.00 132.01 $7,920.60 15 TYPE LV 4 WEARING COURSE MIXTURE (B) TN 145 60.00 136.33 $8,179.80 16 BITUMINOUS MATERIAL FOR TACK COAT GAL 80 1.50 $0.00 17 TENNIS COURT COLOR COAT SYSTEM AND LINE MARKINGS LS 1 4780.00 1 $4,780.00 18 TENNIS COURT FENCING LF 452 40,00 452 $18,080.00 19 TENNIS COURT GATE EA 2 500.00 2 $1,200.00 20 TENNIS COURT NETS, COMPLETE LS 1 1100.00 1 $1,100.00 2.1 TENNIS BACKBOARD EA 1 4900.00 0,9 $4,410.00 22 AGGREGATE BASE, CLASS 5, 100% CRUSHED -TRAIL TN 55 13.95 50 $697.50 23 TYPE LV 4 WEARING COURSE (13) -TRAIL IN 16 100.00 29.42 $2,942.00 24 TOPSOIL BORROW (LV) CY 185 10.00 143.5 $1,435.00 25 SILT FENCE, PERMEABLE LF 2.60 1.75 273 26 SEEDING, INCL SEED, FERTILIZER, MULCH AND DISK ANCHOR AC 0.4 2500.00 0.5 $1,250.00 27 AUGMENTED SOIL MIXTURE CY 200 12,00 108 $1,296.00 28 MNDOT MIX 328 - INFILTRATION AREAS SY 298 4.25 240 $1,020.00 29 STREET SWEEPER WITH PICK UP BROOM WITH OPERATOR 1 - 1R 8 90.00 6 .540.00 TOTAL PART I - SWAGER PARK TENNIS COURTS REPLACEMENT; $112,691,75 PART 2 - BREKKE PARK CONCRETE RINK; 30 MOBILIZATION LS I 4560.00 1 $4,SG0.00 31 COMMON EXCAVATION (CV) CY 2144 5.5D 2144 $11,792,00 32 GEOTEXTILE FABRIC, TYPE IV SY 1735 1.50 730 $1,095.00 33 4" HDPE PERFORATED DRAIN TILE LF 525 6.00 525 $3,150.00 34 4" HDPE NON - PERFORATED DRAIN TILE LF 50 6,00 120 $720.00 35 SELECT GRANULAR BORROW TN 2800 7.00 2800 $19,600,00 36 AGGREGATE BASE, CLASS 5, 100% CRUSHED TN 470 13.50 526 $7,101.00 37 6" CONCRETE RINK SF 16665 4,35 15665 $72,492.75 38 SILT FENCE, PERMEABLE LF 230 1.75 215 $376.25 39 SEEDING, INCL SEED, FERTILIZER, MULCH AND DISK ANCHOR AC 0.6 2500,00 p.6 $1,500.00 4D AUGMENTED SOIL MIXTURE CY 205 12,00 133 $1,596.00 41 MNDOT MIX 328 - INFILTRATION AREAS SY 305 4.25 273 $1,160.25 42 STREET SWEEPER WITH PICK UP BROOM WITH OPERATOR HR 8 90.00 5_ 450.00 TOTAL PART 2 - BREKKE PARK CONCRETE RINK; $125,593.25 PART 3 - SREKKE PARK TRAIL; 43 TEMPORARY ROCK CONSTRUCTION ENTRANCE TN 20 30.00 77.14 $2,314.20 44 REMOVE FENCE LF 99 4.00 58 $232.00 45 REMOVE CONCRETE CURB AND GUTTER LF 30 4.00 2.1 $84.00 46 REMOVE BITUMINOUS DRIVEWAY SY 6 15,00 6 $90.00 47 CLEAR AND GRUB LS 1 2000,00 1 $2,000.00 48 12" HDPE PIPE, INCLUDING FES LF 15 20.00 15 $300.00 49 SITE GRADING LS 1 2350.00 1 $2,350.00 50 SUBGRADE EXCAVATION CY 180 5.00 157 $785.00 51 GRANULAR BORROW TN 360 7.00 355 $2,485.00 52 AGGREGATE BASE, CLASS 5, 100% CRUSHED - TRAIL - TN 345 13.95 320 $4,464.00 53 TYPE LV 4 WEARING COURSE (B) - TRAIL TN 106 60.00 154.95 $9,297.00 54 D412 SURMOUNTABLE CONCRETE CURB AND GUTTER LF 30 22,00 21 $462.00 55 6" CONCRETE DRIVEWAY PAVEMENT SY 15 35.00 8 $280.00 56 CONCRETE PEDESTRIAN CURB RAMP SF 100 4.50 100 $450,00 57 TRUNCATED DOME PANEL SF 36 50.00 35 $1,800.00 58 SIGN PANELS, TYPE C, NIGH INTENSITY SF 48 27.50 48 $1,320.00 59 TYPE "A" AMBER LIGHT EA 2 75.00 2 $150.00 60 PAVEMENT MESSAGE, RIGHT TURN ARROW - EPDXY EA 2 165.00 2 Page 22 all p0 55081 52RLU6FiNAL,r[sm 55061"R5OGFINAI.Asm Contract Unit Current Quantity Amount No, Item Unit quantity Price Quantity to Date to Date 61 PAVEMENT MESSAGE, LEFT TURN ARROW - EPDXY EA 2 165.00 2 $330.00 62 PAVEMENT MESSAGE, BIKE PATH - EPDXY EA 2 350.00 2 $700.00 63 36" ZEBRA CROSSWALK - WHITE EPDXY SF 126 8.65 126 $1,089,90 64 SEEDING, INCL SEED, FERTILIZER, MULCH AND DISK ANCHOR AC 0.5 2500.00 0.2 $500.00 65 STREET SWEEPER WITH PICK UP BROOM WITH OPERATOR HR 2 90.00 O,pp TOTAL PART 3 - BREKKE PARK TRAIL: $31,813.10 PART 4 - VALLEY VIEW PARK NORTH TRAIL: 66 MOBILIZATION LS 1 1900.00 1 $1,900.00 67 REMOVE CONCRETE CURB AND GUTTER LF 12 4.00 13 $52.00 68 CLEAR AND GRUB LS 1 1800.00 1 $1,800.00 69 12" HDPE PIPE, INCLUDING FES LF 20 20.00 2.0 $400.00 70 SITE GRADING LS 1 2500.00 1 $2,500.00 71 SUBGRADE EXCAVATION CY 185 5.00 $0,00 72 GRANULAR BORROW TN 370 9.00 187 $1,683.00 73 AGGREGATE BASE, CLASS 5, 100 % CRUSHED - TRAIL. TN 360 13.95 327 $4,561.65 74 TYPE LV 4 WEARING COURSE (B) - TRAIL_ TN 110 60.00 135.47 $8,128.20 75 B618 CONCRETE CURB AND GUTTER LF 12 24.00 13 $312.00 76 PROTECTION 01= CATCH BASIN IN STREET EA 1 100.00 1 $100.00 77 PROTECTION OF CATCH BASIN, NON-STREET [.:A 1 125.00 $0.00 78 SILT FENCE, PERMEABLE LF 230 4.00 $0.00 79 BIOROLL LF 60 2.50 $0.00 80 SENDING, INCL SEED, FERTILIZER, MULCH AND DISK ANCHOR AC 0.5 2500.00 0.2 $500.00 81 STREET SWEEPER WITH PICK UP BROOM WITH OP #:RATOR H(� 5 100.00 1 100.00 L TOTAL PART 4 - VALLEY VIEW PARK NORTH TRAIL: PART 5 - PEDESTRIAN RAMPS: 82 REMOVE BITUMINOUS PATH SY 264 2.00 210 $420.00 83 CONCRETE PEDESTRIAN CURB RAMP S1= 184 4.50 112 $504.00 84 TRUNCATED DOME PANEL Sf 80 50.00 80 $4,000.00 85 SEEDING, INCL SEED, FERTILIZER, AND WOOD FIBER BLANKET" SY 15 1.55 15 $7.3.2.5 86 STREET SWEEPER WITH PICK UP BROOM WITH OPERATOR HR 2 90.00 _ 0.00 TOTAL_ PART 5 - PEDESTRIAN RAMPS: $4,947.25 ALTERNATE NO. 3 - SREKKE PARK PLEASURE RINK: 121 COMMON EXCAVATION (CV) CY 740 5.00 740 $3,700,00 122 GEOTEXTILE F=ABRIC, TYPE: IV SY 850 1.50 207 $3117.50 123 4" HDPE PERFORATED DRAIN TILE LF 310 6.00 310 $1,860.00 124 4" HDPE NON - PERFORATED DRAIN TILE LF 150 6.00 100 $600.00 125 SELECT GRANULAR BORROW TN 1285 7.00 1275 $8,925.00 126 AGGREGATE BASE, CLASS 5, 100% CRUSHED TN 215 13.95 206 $2,873.70 127 6" CONCRETE RINK SF 6957 435 6957 TOTAL_ ALTERNATE NO. 3 - BREKKE PARK PLEASURE RINK: . $30,262.95 $48,532.15 ALTERNATE NO. 4A - VALLEY VIEW PARK SOUTH, RETAINING WALL REMOVAL AND GRADING: 128 REMOVE TREE STUMP EA 2 150.00 $0.00 129 REMOVE RETAINING WALL LF 600 5.00 600 $3,000.00 130 TOPSOIL BORROW (LV) CY 80 10.00 204.5 $2,045.00 131 LIMESTONE ROCK SF 25 30.00 25 $750.00 132 SILT FENCE, PERMEABLE LF 160 1.75 150 $26250 133 SEEDING, INCL_ SEED, FERTILIZER, AND WOOD FIBER BLANKET SY 625 1.55 550 $852.50 134 STREET SWEEPER WITH PICK UP BROOM WITH OPERATOR HR 5 90.00 2 $180.00 TOTAL ALTERNATE NO. 4A - VALLEY VIEW PARK SOUTH, RETAINING WALL REMOVAL AND GRADING: $7,090.00 ALTERNATE NO. 4B - VALLEY VIEW PARK SOUTH, TRAIL: 135 REMOVE CONCRETE CURB AND GUTTER LF 25 4.00 25 $100.00 136 SALVAGE AND REINSTALL EXISTING GRILL EA 1 300.00 1 $300.00 137 SALVAGE AND REINSTALL WOOD TRIM LF 35 10,00 $0.00 138 GRANULAR BORROW TN 65 7.00 174 $1,218.00 139 AGGREGATE BASE, CLASS 5, 100% CRUSHED - TRAIL TN 60 13.95 50 $697.50 140 TYPE LV 4 WEARING COURSE (B) - TRAIL TN 18 100.00 18.5 $1,850.00 141 8618 CONCRETE CURB AND GUTTER LF 25 24.00 25 $600.00 142 CONCRETE PEDESTRIAN CURB RAMP SF 32 4.50 32 $144.00 143 TRUNCATED DOME PANEL SF 16 50.00 16 $800,00 144 TOPSOIL BORROW (LV) CY 40 10.00 72 $720.00 145 SILT FENCE, PERMEABLE LF 150 1.75 50 Page 23 oft- 55061"R5OGFINAI.Asm TOTAL PAIN I - SWAGEit PARK TENNIS COURTS REPLACEMENT: $112,691,75 TOTAL PART 2 - BREKKE PARK CONCRETE RINK: Contract Unit Current Quantity Amount No. Item Unit Quantity Price Quantity to Date to Date 146 SEEDING, INCL SEED, FERTILIZER, AND WOOD FIBER 1 - AL CHANGE ORDER NO, 1 ($3,856.40) TOTAL CHANGE ORDER NO. 2 $4,760.00 TOTAL CHANGE ORDER NO. 3 $1,530.00 BLANKET SY 565 1.55 146 $2.26,30 147 STREET" SWEEPER WITH PICK UP BROOM WITH OPERATOR FIR 2 90.00 TOTAL ALTERNATE NO. 4B - VALLEY VIEW PARK SOUTH, TRAIL: $6,743,30 CHANGE ORDER NO. 1 1 CONCR ff- E PEDESTRIAN CURB RAMP SF 100 -4.50 100 ($450.00) 2 TRUNCATED DOME PANEL SF 36 -50.00 36 ($1,800,00) 3 SIGN PANELS, TYPE C, HIGH INTENSITY SF 48 -27.50 48 ($1,320,00) 4 TYPE "A" AMBER LIGHT EA 2 -75.00 2 ($150.00) S PAVEMENT MESSAGE, RIGHT TURN ARROW - EPDXY EA 2 - 165.00 2 ($330.00) 6 PAVEMENT MESSAGE, LEFT TURN ARROW - EPDXY EA 2 - 165.00 2 ($330.00) 7 PAVEMENT MESSAGE, BIKE PATH - EPDXY CA 2 -350.00 2 ($700.00) 8 36" ZEBRA CROSSWALK . WHITE EPDXY SF 126 -8.65 126 ($1,089.90) 9 REMOVE CONCRETE CURS AND GUTTER LF 30 4,00 20 $80.00 10 REMOVE BITUMINOUS PAVEMENT SY 40 2.00 15 $30,00 11 CONCRETE PEDESTRIAN CURB RAMP SF 64 4.50 64 $288.00 12 TRUNCATED DOME PANEL SF 32 50.00 32 $1,600.00 13 TYPE LV 4 WEARING COURSE (8) - TRAIL TN 5 100.00 3 $300.00 14 SEEDING, INCL SEED, FERTILIZER, AND WOOD FIBER BLANKET SY 10 1.55 10 $15.50 15 STREET SWEEPER WITH PICK UP BROOM WITH OPERATOR HR 1 90.00 TOTAL CHANGE ORDER N0. 1 ($3,856.40) CHANGE ORDER NO. 2 1 Rf_MOVE TREE STUMPS AND WIDEN TRAILS AT BREKKE PARK TRAIT.. AND VALLEY VIEW NORTH TRAIT_ I_S 1 2940.00 1 $2,940,00 2 ADDITIONAL- SLOPE: GRADING AT VALLEY VIEW PARK SOUTH LS 1 1820.00 I ____.$_1,820,00 TOTAL CHANGE ORDER NO. 2 $4,760.00 CHANGE ORDER NO, 3 1 RELOCATE TENNIS COURT BACKBOARD LS 1 IS30.00 1 1 $1 TOTAL CHANGE ORDER NO. 3 $1,530.00 TOTAL PAIN I - SWAGEit PARK TENNIS COURTS REPLACEMENT: $112,691,75 TOTAL PART 2 - BREKKE PARK CONCRETE RINK: $125,593,25 DOTAL PANT 3 - BREKKF PARK TRAIL: $31,813.10 TOTAL PART 4 - VALLE=Y VIEW PARK NORTH FRAIL: $22,036,85 TOTAL PART 5 - PEDESTRIAN RAMPS: $4,947.25 TOTAL. ALTERNATE NO. 3 - BREKKE PARK PLEASURE RINK: $48,532.155 TOTAL. ALTERNATE= NO, 4A - VALLEY VIEW PARK SOUTH, RETAINING WALL REMOVAL AND GRADING: $7,090,00 TOTAL ALTERNATE NO. 4B - VALLEY VIEW PARK SOUTH, TRAIL: $6,743,30 1 - AL CHANGE ORDER NO, 1 ($3,856.40) TOTAL CHANGE ORDER NO. 2 $4,760.00 TOTAL CHANGE ORDER NO. 3 $1,530.00 TOTAL WORK COMPLETED TO DATE $361,881.25 Page 24 of 76 550©15P.RIiQGNNAL Wqi PROJECT PAYMENT ST'AT'US OWNER CITY OF OAK PARK HEIGHTS BONESTROO FILE NO. 000055 - 08152 -0 CONTRACTOR MILLER EXCAVATING, INC. No. Date Description Amount 1 _ 7/1/2008 This Change Order provides for additional work on this project. See Change Order. ($3,476.40) 2 11/10/2008 This Change Order provides for additional work on this project. See Change Order. 'This $4,760.00 3 10/20/2010 Order provides for additional work on this project. See Change Order. $1,530.00 3 07/11/2008 08/07/08 84 16,266.78 4 08/08/2008 — ��--- .----- - -�_._ _ Total C hange Carders _____. .. 2 813.60 PAYMENT" SUMMARY No. From To Pament Retainaae Comnlptpd 1 06/02/2008 06/18/08 59,787.54 _ 3,146.71 62,934.25 2 06/19/200 07/10/08 165190.13 11,840.93 236,818.60 3 07/11/2008 08/07/08 84 16,266.78 4 08/08/2008 09/04 108 30,313.76 _____ 325 , 335,60 6,926.18 346,308.76 5 09/05/2008 11/14/08 13 7 360,351.24 6 AND FIN 115/2008 10/20/10 8 737.03 361 881,25 Material on Hand Total Payment to Date $361,881.25 _Original Contract $365,751.10 Retainage No. 6 AND FINAL Chan e Orders $2 Total Amount Earned $361,881,25 Revised Contract . $368 , 564,70 Page 25 of 76 5508152REQU-INAL xlsm This Pages Left Intentionally Blank. IV Page 26 of 76 Oak Park Heights Request for Council ,,fiction Meeting Date October 26 Agenda Item Title Miller Excavating, Inc. final Payment for 2010 Storm Sewer ImpL Agenda Placement Consent Originating Department/ Requestor. Finance W- Judy I Iolst De tzt Clerk Fin Requester's Signature Action Requested Approve final payment: rt to Miller I Inc W ._for tl�e 2010 Storrs. Ser Ir�vements Backgroun(J./Justification (Please indicate any previous action, financial implications including budget information. and rc,commcnda.tions). See attached memo. Page 27 of 76 Oiy OAKPARKHEIG A.. rt Memo To: Mayor and Council From: Judy Holst, Deputy Clerk /Finance Director Date: October 21, 2010 Re: 201.0 Storm. Sewer Improvements Please accept for the October 26th Council meeting agenda the attached request for final payment to Miller Excavating, Inc. in the amount of $1,096.35 for the 2010 Storm Sewer Improvements project. J'he payn -cnt has been approved by engineering and reviewed by the Finance Department. `The Finance Department recommends approval of this payment. Thank You Page 28 of 76 2335 Highway 36 w St. Paul, MN 55113 'Te€ 651 - 636 -� 600 Fax 651- 636 -1311 www.bonestroo.com November 21, 2010 Mr. Eric Johnson City of Oak Park Heights 14168 Oak Park Blvd. P.O. Box 2007 Oak Park Heights, MN 55082 -2007 Re: 2010 Storm Sewer Improvements Oak Park Heights Bonestroo File No.: 000055- 101.64 -0 Dear Eric, Enclosed are three (3) copies of Request for Payment No. 3 and f=inal provided by the contractor for the aforementioned project. The IC -134 Forms and Lien Waivers have also been provided by the contractor and are enclosed. The contractor, Miller Excavating, Inc., in accordance with the contract plans and specifications, has satisfactorily completed this work. Therefore, it is recommended that final payment of $1,096.35 is made and the City of Oak Park Heights accepts the project. After acceptance, please distribute all requests for payments as appropriate. The original contract amount as indicated on the Contractor's Request for Payment is $54,637.50. "r'he contract was amended to include one change order, resulting in a Revised Contract Amount of $56,031.75. The final construction cost is $54,817.30, which is less than the Revised Contract Amount. Change Order Summary: ® Change Order No. 1 --- This change order provided for the restoration of the drainage swale and turf reinforcement mat following the rain events incurred the morning after sod installation. We have reviewed the original project costs for each part of this project and compared those to the final construction costs as stated on the following page. a)4 Park HolK 715 f rI[ge 2910 51'orm 5e7^✓er IMPIOVe1W171:5 odol r 2d, 2010 As indicated above in the Project Totals, the Final Construction Amount had a $1,214.45 under run. If you have any questions or require further information please call me at 651-604 -4808. Sincerely, BONESTROO d �� Christnpher W. Long, P.E. copy: Mark Hanson File Page 30 of 76 Original Final Contract Construction Amount Amount BASE BID Part 1 — Beaudet Storm Sewer Improvements $6,250,00 $4,470.00 Part 2 — Swager Brothers 9 Addition Storm Sewer Improvements 15,550.00 17,198.05 Part 3 — Concrete Drainage Swale improvements .32,8.3.7.50 31,755..00. SUBTOTAL -- BASE BID $54,637.50 $53,423.05 Change Order No, 1 1,394.25 1,394.25 PROJECT TOTAL. AMOUNTS $56,031.75 $54,837.30 As indicated above in the Project Totals, the Final Construction Amount had a $1,214.45 under run. If you have any questions or require further information please call me at 651-604 -4808. Sincerely, BONESTROO d �� Christnpher W. Long, P.E. copy: Mark Hanson File Page 30 of 76 A Ir Bonestroo City of Oak Park Heights, 14168 Oak Park Blvd. N., owner: P. 0. Box 2007, Oak Park Heights, MN 55082 Date: October 20, 2010 =or Period: 8/20/2010 to 10/20/2010 Request Nc 3 AND FINAL .ontractor: Miller Excavating Inc. 3636 Stagecoach Trail N. Stillwater MN 55082 CONTRAC'TOWS REQUEST FOR PAYMENT 2010 STORM SEWER IMPROVEMENTS BONESTR00 FILE NO. 000055 - 10164 -0 SUMMARY 1 Original Contract Amount 2 Change Order - Addition 3 Change Order - Deduction 4 Revised Contract Amount 5 Value Completed to Date 6 Material on Hand 7 Amount Earned 8 Less Retainage 0% 9 Subtotal 10 Less Amount Paid Previously 11 Liquidated damages - 1.2 AMOUNT DUE THIS REQUEST FOR PAYMENT NO Recommended for Approval by: BON ESTROO Approved by Contractor: MILLER EXCAVATING, INC, NWAR11hu WIN FAIN 54 1.,394.25 $ 0.00 $ --'—'---56 $ _._. 54,81.7.30 0.00 54,81.7.30 $ 0.00 54 81730 53 $ 0.00 $ 1,096.35 Approved by Owner: CITY OF OAK PARK HEIGHTS Specified Contract Completion Date: 5510 1 64-OR EQ 3F I NAI.. �dsm Date: Page 31 of 76 5510164-OREMANAL Am Page 32 of 76 Contract Unit Current Quantify Amount No. Item Unit Quantity Price Quantity to Date to Date PART 1 - BEAUDET STORM SEWER IMPROVEMENTS 1 MOBILIZATION LS 1 500.00 1 $500.00 2 TRAFFIC CONTROL LS 1 500.00 1 $500.00 3 COMMON EXCAVATION (LV) - OFFSITE CY 40 10.00 12 $120.00 4 CLASS III GROUTED RIPRAP CY 40 100.00 33.5 $3,350.00 5 COMMON BORROW (LV) CY 15 10.00 $0.00 6 SEEDING, INCL SEED, FERTILIZER, AND WOOD FIBER BLANKET SY 50 10.00 $0.00 7 STREET SWEEPER WITH PICK UP BROOM WITH OPERATOR HR 2 100.00 TOTAL PART I - BEAUDET STORM SEWFR IMPROVEMENTS $4,470.00 PART 2 - SWAGER BROTHERS 9TH ADDITION STORM SEWER IMPROVEMENTS 8 MOBILIZATION LS 1 500.00 1 $500.00 9 TRAFFIC CONTROL LS 1 500.00 1 $500.00 10 SAWING BITUMINOUS PAVEMENT LF 225 2.00 203 $406.00 11. REMOVE BITUMINOUS PAVEMENT SY 200 2.00 192 $384.00 12 REMOVE AND REPLACE CONCRETE CURB AND GUTTER LF 130 20.00 1.28 $2,560.00 13 REMOVE AND REPLACE EXISTING TOP SLAB AND RINGS LS 1 600.00 1 $600.00 14 REMOVE MANHOLE OR CATCH BASIN EA 2 300.00 2 $600.00 IS CONSTRUCT CBMH OVER EXISTING PIPL EA 1 1750.00 1 $1,750.00 16 CONSTRUCT CB OVER EXISTING PIPE EA 1 1450,00 1 $1,450.00 1.7 GROUT EXISTING STRUCTURE, INCLUDING DOGHOUSES, INVERTS, BENCHES EA 1. 300.00 1. $300.00 18 AGGREGATE BASE, CLASS 5, 100% CRUSHED TN 30 15.00 66.47 $997.05 19 BITUMINOUS NON WEARING COURSE MIXTURE TN 25 1.00.00 28.33 $2,833.00 20 BITUMINOUS WEARING COURSE MIXTURE TN 25 100.00 34.1.8 $3,41.8.00 21 SEEDING, MIX 270 SY 5G 10.00 60 $600.00 22 HYDROMULCH SY 50 5.00 60 $300.00 23 STREET" SWEE=PER WITH PICK UP BROOM WITH OPERATOR HR 2 100.00 --- - ------ - -.... AU .00 TOTAL_ PART 2 - SWAGLR BROTHERS 9TH ADDITION STORM SEWER IMPROVEMENTS $1.1,198.05 PART 3 - CONCRETE DRAINAGE SWALE IMPROVEMENTS 24 MOBILIZATION LS 1. 500.00 1 $500.00 25 TRAFFIC CONTROL LS 1 300.00 1. $300.00 26 POTHOLE EXISTING WATER MAIN LS 1 300.00 1. $300.00 27 REMOVE EXISTING TREE EA 9 200,00 5 $1,000.00 28 CLEAR AND GRUB LS 1 1000.00 1 $1,000.00 29 REMOVE EXISTING DRAINAGE SWALE LF 315 5.00 305 $1,52-5.00 30 ADJUST VALVE BOX EA 1 150.00 1. $150.00 31 COMMON EXCAVATION (t.V) - OFFSITE CY 80 10.00 104 $1,040.00 32 CONSTRUCT CBMH OVER EXISTING PIPE EA 1 1500.00 1. $1,500.00 33 IMPROVED PIPE FOUNDATION LF 30 10.00 28 $280.00 34 4' DIA STORM SEWER CBMH, INC R -4342 CSTG AND HDPE AD] RINGS EA 2 1900.00 2 $3,800.00 35 4` DIAMETER STORM SEWER MH LA 2 1400.00 1 $1,400.00 36 18" RCP STORM SEWER LF 265 28.00 261 $7,308.00 37 CONSTRUCT OVERFLOW SWALE LF 265 10,00 2.61 $2,610.00 38 SODDING, LAWN TYPE WITH 4" OF TOPSOIL SY 700 4.00 1100 $4,400.00 39 TURF REINFORCEMENT MAT SY 375 1.50 232 $348.00 40 4" PERFORATED POLYETHYLENE PIPE LF 40 5.00 25 $125.00 41 CONSTRUCT RAIN GARDEN SF 520 4.00 626 $2,504.00 42 AUGMENTED SOIL MIXTURE CY 20 25.00 15 $375.00 43 REDOSIER DOGWOOD, 5 GALLON EA 20 55.00 18 $990.00 44 STREET SWEEPER WITH PICK UP BROOM WITH OPERATOR HR 4 100.00 $0,00 45 BIOROLL LF 100 100 100_00 TOTAL PART 3 - CONCRETE DRAINAGE SWALE IMPROVEMENTS $31,755.00 CHANGE ORDER NO. 1 1 DRAINAGE SWALE RESTORATION LS 1 1.394.25 1 $1,394.25 TOTAL CHANGE ORDER NO. 1 $1,394.25 TOTAL PART 1 - BEAUDET STORM SEWER IMPROVEMENTS $4,470.00 TOTAL PART 2 - SWAGER BROTHERS 9TH ADDITION STORM SEWER IMPROVEMENTS $17,198.05 TOTAL PART 3 - CONCRETE DRAINAGE SWALE IMPROVEMENTS $31,755.00 TOTAL CHANGE ORDER NO. 1 X394 :25 TOTAL WORK COMPLETED TO DATE $54,817.30 5510164-OREMANAL Am Page 32 of 76 PROJECT PAYMENT STATUS OWNER CITY OF OAK PARK HEIGHTS BONESTROO FILE NO. 000055-10164-0 CONTRACTOR MILLER EXCAVATING, INC. CHANGE ORDERS No. Date Descrintion UliTOTM PAYMENT SUMMARY No. From To Pavrnent Retainacie Completed 0 1711 44,323.20 2,332,80 46 2 - . jg � �2- Q.1. 0 10/ 2 0 __08 �/ 9397.75 1096.35 2010 1 ,, 54,817.30 J - 3 AND FINAL _ / .. 1,096.35 4,81.7.30 Material on Hand Total Payment to Date 8/19/2010 This Change Order provides for additional work on this project, See Change Order. $1,394.25 Retainage Pay No. 3 AND FINAL Change Orders $1,394.25 Total Amount Earned $54,817.30 Revised Contract .. $56,031.75 Total Change Orders 1 394 PAYMENT SUMMARY No. From To Pavrnent Retainacie Completed 0 1711 44,323.20 2,332,80 46 2 - . jg � �2- Q.1. 0 10/ 2 0 __08 �/ 9397.75 1096.35 2010 1 ,, 54,817.30 J - 3 AND FINAL _ / .. 1,096.35 4,81.7.30 Material on Hand Total Payment to Date $54,817.30 Original Contract $54,637.50 Retainage Pay No. 3 AND FINAL Change Orders $1,394.25 Total Amount Earned $54,817.30 Revised Contract .. $56,031.75 5510164-OREQ3FI NAL Am Page 33 of 76 This rage Is Left Intentionally Blank. f. Page 34 of 76 ',e{ .. Oak Park Heights Request for Council Action Meeting Date O ctober 26 2010 Agenda Item. Title Contract with Northland Securities for Limited Disclosure Dissemination Agent Agreement Agenda Placement Consent Originating Department:/ Requestor Finance ._ Betty Caruso / Finance DireCtQr Requester's Signature Action Requested Authorize City Administr to enter into D issemination A ent Agreem with N Secu Background /Justification : Effective for bond issues after 7/ 1 /09, SEC requires that issuers of debt are required to file certain financial and operating data. Northland Securities can provide this service for $435 /year for up to three bond issuers. Al: this time the G.0, Capital Improvement Plan Bonds, Series 2009A is the City's only issue that is subject to this filing. The agreement, provides that Northland Securities sl - ).all file the annual report beginning with the fiscal year ended December 31, 2009. Due to required registration/ confirmation and level of reporting required by the SEC /EMMA Board, I would recommend that we enter into the Dissemination Agent Agreement with Northland Securities for our filing requirements. See attached agreement Page 35 of 76 I:.t'ic Johnson, ( "sty AdministraWr City of Oak Park Lleights 14168 Oak Park Blvd. P.O. Box 2007 Oak Park I leights, MN 55082 I2 Dissemina Agent Agreement for Limited Contiaauing Disclosure Reportiug Dear Eric: As an issuer of nnunicipal bonds ( "]smcr j your City is subject to an annual reporting! rule of the. Securities and l=mAmiuge C-ornmksion known its SEC Rule. 15c2 -12 (the "Rule"), In general, the Rule- requires that, depending; on the amount of debt they have outstanding. Issuers im, no certain financial and operating data with a i\ri daml Roposhory so that investors can access and redew updated informmtion each year. I 111e0ve for bonds issued on or after .tiny 1. 2009, this Rule Mms amended to require a higher level of reporting. ]'r'eviously, if an ISSUer had SlO mrHM or morn of debt outstanding, they were required to file an Aaamal Report containing information similar to that provided in the original Official Statement for the bond issue (and audited financials }. The amendment to the Rule now requires that loners with than X10 million of debt outstanding must also file an Annual Report, which contains i 16miation that is ``customarily prepared by the Issuer and publicly available' (t jcally the audited Hnanc-ial statements). and disclose any material events, as defined in the Rule. Previously, loners of less tan $10 million of debt needed to only provide infoa•lmtion upon request. Also as of July ), 2009, the filing of the Annual Report information can only be submitted electronically by downloading the no to a sloe "National Repository" (there- were Previously four} at 11111 �elita1lri, r�). �h 1,��,.,. The filing through the new Mm m m0she requires site registration and followNg a prescribed format for enteri g and submitting the required data. Northland can provide this semicc to help you comply with the new chmTes to the Rule, and the attached agreement details our obligations and pricing for this service. !1 sul3ain�M approval by the City, please have the two (2) enclosed copies signed, return one original to us and retain the second one for your files. If you have questions 01'0011C(,1 please contact Matt FUnnapaa, our Continuing Disclosure specialist, or myself at 1 -800- 851 -2920. Sincerely, NORTHLAND SI=.Cf]R]'I1L:S, INC. S� M MDfZ Steve Mattson EACCUtiVe Vice President Public Finance Eneloswus SJMlntdr Page 36 of 76 LIMITED DISCLOSURE DISSEMINATION AGENT AGREEMENT THIS DISSEMINATION AGENT AGREEMENT (the "Dissemination Agreement "), dated as of , 2010, by and between the City of Oak Park Heights, Minnesota, 14168 Oak Park Boulevard, P.O. Boa 2007, Oak Park Heights, MN 55082 (the "Issuer ") and Northland Securities, Inc., 45 - South 7th Street, Suite 2000, Minneapolis, MN 55402 ( "the Dissemination Agent ") in connection with bond issues of the Issuer (the "Bond Issues ") identified in Exhibit A which is attached to and by reference made a part of this Dissemination Agreement: The Issuer and the Dissemination Agent covenant and agree as follows with respect to the Bond Issues: S1 C'FION 1. Definit the following capitalized terms shall have the following r��ear�rrags: "Annual Report" shall mean the document or documents filed by the Dissemination Agent with a National Repository or State repository pursuant to this Dissemination Agreement, in an electronic forn7at as prescribed by the Municipal Securities IZulen Board ( "MSRB"), "Annual Report Bata" shall mean the Issuer's audited financial statements, and such other financial information and operating data for each Bond Issue as is customarily prepared by the Issuer and publicly available, as requested by the Dissemination Agent to compile the Annual Report. "Continuing Disclosure Agreement" shall mean that certain agreement or undertaking executed by the Issuer at the time of issuance of the bond issues listed. in Exhibit A. "Disclosure Representative" shall mean the Administrator of the Issuer or his or her designee, or such other officer or employee as the Issuer shall designate in writing to the Dissemination Agent from time to time. "L,isted Events" shall mean any of the material events listed in Section 5(a) of this Dissemination Agreement. "National Repository" shall mean any Nationally Recognized Municipal Securities Information Repository for purposes of the Rule. .Attached to and by reference made a part of this Dissemination Agreement is Exhibit B, a current list of National Repositories. Notwithstanding anything to the contrary contained herein, Exhibit B may be amended from time to timc by the Dissemination Agent, following the designation of additional National Repositories or loss of such status by an existing National Repository, by delivering a notice of amendment and an amended Exhibit B to the Issuer. Oak Park Heights, Wdoc Page l Page 37 of 76 "Rule" shall mean Rule 15c2- 12(b)(5) adopted by the Securities and Exchange Commission under the Securities lxchange Act of 1934, . as the same may be amended from time to tune. "SEC:" shall mean the Securities and Exchange Commission or any successor to its functions governing state and municipal securities disclosure. "State" shall mean the State of Minnesota. "State Repository" shall mean any public or private repository or entity designated by the State as a state repository for the purpose of the Rule. As of the date of this Agreement, there is no State Repository. fax- I��xempt" shall mean that interest on the Bonds is excluded from gross income for federal income tax purposes, whether or not such interest is includable as an item of tax preference or otherwise includable directly or indirectly for purposes of calculating any other tax habllrty, including any alternative minimum tax or environmental tax. SECTION 2. Pur pose of th Di s semi natio n Agl�eenent. This Dissemination Agreement is being entered into by the Issuer and the Dissemination Agent in order to assist the Issuer in complying with the Rule. SI.�CTION 3. Provision o f A nnua l Reports. (a) On an annual Basis, the Issuer shall provide the Annual Report Data to the Dissemination Agent in a timely manner. The Dissemination Agent shall compile and provide to each Repository by the end of each fiscal year commencing with the Annual Report due for the fiscal year ended December 31, 2009, the Annual Report for each Bond Issue in a format consistent with the Rule. (b) if the Dissemination Agent has not received a copy of the Annual Report Data in a timely manner, the Dissemination Agent shall contact the Issuer to determine the status of information and whether the Issuer will remain in compliance with the Annual Report due date referenced in subsection (a). (c) The Dissemination Agent shall: (i) determine each year prior to the deadline due for the Annual Report, the name and address of each National Repository and each State Repository, if any; and (ii) file a report with the Issuer and the Trustee (if applicable) certifying that the Annual Report has been provided pursuant to this Dissemination Agreement, stating the date it was provided and listing all the Repositories to which it was provided. Oak Park Heights, MN.doc Page 2 Page 38 of 76 si :;uriON 4. C ontent of Annual R orts 'rhe Annual Report prepared by the Dissemination Agent Igor each Bond Issue shall contain or incorporate by reference the financial information and operating data customarily prepared by the Issuer and publicly available, which shall be the information specified in the applicable Continuing Disclosure Agreement or continuing; disclosure provisions of any applicable Resolution, Indenture, Loan Agreement or Lease Agreement, relating to bond issues listed in Exhibit A. St'CTION 5. Reho rtino of' S4- mificantEvents (a) This Section 5 shall govern the giving of notices of the occurrence of zany of the events listed below or in the Issuer's Continuing Disclosure Agreement or in the applicable Resolution, Indenture, Loan Agreement or Lease Agreement; (1) Principal and interest payment delinquencies; (2) Non - payment related defaults; (3) Unscheduled draws on debt service reserves reflecting financial difficulties; (4) Unscheduled draws on credit enhancements reflecting tim racial difficulties, (5) Substitution of credit or liquidity providers, or their failure to perform; (C) Adverse tax opinions or events affecting the tax - exempt status of the security; (7) Modifications to rights of security holders-. I (8) Bond calls; (p) Defcasances; (10) Release, substitution, or sale of property securing repayment of the securities; and (11) Rating changes. (b) The Dissemination Agent shall, in a timely manner after obtaining actual knowledge of the occurrence of any of the Listed Events, contact the Disclosure Representative, inform such person of the event, and request that the Issuer promptly notify the Dissemination Agent in writing whether or not to report the event pursuant to subsection (f). Oak Park Heights, MN.doe Page 3 4 Page 39 of 76 (c) Whenever the Issuer obtains knowledge of the occurrence of a Listed Event, the Issuer shall as soon as possible determine if such event would constitute material information for Holders of Bonds. (d) If the Issuer has determined that knowledge of the occurrence of a Listed Event would be material, the Issuer shall promptly notify the Dissemination Agent in writing. Such notice shall instruct the Dissemination Agent to report the occurrence pursuant to subsection (f). (e) If in response to a request under subsection (b), the Issuer determines that the Listed event would not be material, the Issuer shall so notify the Dissemination Agent in writing and instruct. the Dissemination Agent not to report the occurrence pursuant to subsection (f). (1) If' the Dissemination Agent has been instructed by the Issuer to report the occurrence of a Listed Invent, the Dissemination Agent shall file a notice of such occurrence with the Municipal Securities Rulemaking Board. SECTION 6. Dis hLtpt. The Issuer has engaged the Dissemination Agent to assist it in carrying out its obligations tinder this Dissemination Agreement and may discharge any such Dissemination Agent, with or without appointing a successor or Dissemination Agent. The Dissemination Agent may terminate its duties hereunder upon fifteen (15) days written notice to the Issuer. For its services hereunder, the Dissemination Agent shall be paid an annual fee of W5 for up to three Bond I or $645 for four or more Bond Issues listed in Exhibit A that are required by the Rule to file a limited Annual Report and to provide notification of Significant Invents. SI:�"CTION 7. A mendm ent, _Waive Notwithstanding any other provision s this Dissemination Agreement, the Issuer and the Dissemination Agent may ainelid this Dissemination Agreement, and any provision of this Dissemination Agreement may be waived. in writing, as agreed to by the parties thereto. SECTION 8. Additi Information Nothing in this Dissemination Agreement shall be deemed to prevent the Issuer fronn disseminating any other information, using; the means of dissemination set forth in this Dissemination Agreement or any other means of communication. SECTION 9. Duties, Immunities and Liabilities of Trustee and Dissemination Al ) -ent 'The Dissemination Agent shall have only such duties as are specifically set forth in this Dissemination Agreement, and the Issuer agrees to indemnify and save the Dissemination Agent, its officers, directors, employees and agents, harmless against any loss, expense and liabilities which it may incur arising out of or in the exercise or performance of its powers and duties hereunder, including the costs and expenses (including; attorneys' fees) of defending against any claim of liability, but excluding liabilities due to the Dissemination Agent's gross negligence or willful misconduct. Oak Park Heights, MN.doc Page 4 Page 40 of 76 SECTION 10. Beneficiaries. This Dissemination Agreement shall inure solely to the benefit of the Issuer and the Dissemination .Agent, and shall create no rights in any other person or entity. SECTION 11. Counternarts This Dissemination Agreement may be executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same 113strument. IN WITNESS WI-IF?R1 "OF, the CITY OF OAK PARK I-ILI(311 "I•S, MINNI�SO'TA and NORTHLAND SECURITIES, INC. have caused this Dissemination Agreement to be executed in their respective names, all as of the date first written above. OAK PARK HEIGHI•S, MINN'U:SO By Its Administrator NOR'IJILAND SLI;`URYFI1 S, INC. 13y . _... _...�� It's ice ]'resident Oak Park l leighis, MN.doc Page 5 Page 41 of 76 11!.4:111111/\ BOND ISSUES S(JBJ CT TO LIMITED CONTINUINCX DISCLOSURE CITY OF OAK PARK HEIGHTS, MINNESOTA /MIST FINAL LAST ISSUE; DATED REPORT MATURE REPORT PAR ISSUE DATE I)li E DATE DUE 51,195,000 C.f.O.GahitalInprove��entPlan 09/15/09 12/31/10 12/15/19 Bonds, Scries 2009A 12/31/19 Oak Park / MN.doc Page 6 Page 42 of 76 EXHIBIT B LIST OF NATIONAL. REPOSITORIES Municipal Securities Rulemaking Board (MSR13) llttl (filing only in an electronic format as prescribed by the MSRB) Oak Park Heights, MN.doc Page 7 Page 43 of 76 This Page G Left Intentionally Blank. - . Page 44 a7 a Oak Park Heights Request for Council Action Mectiog Date: Octo 26, 2010 Time Required: ._ 1 Ao ejlda Stem Title:_ Stillw Glass Donatlol Agenda Placement (`onse — - �f Origirnatin) Depa equestt» f, ` �al�inistrati : is _loh«51�rl Requester's Signature ( s Action Rcque,sted _ A pI)rU`%4RCsottitio11 . _,Augtillo Donation -- _...,...__.. Backgroundl.fustifleatloll (PiQ.ase indicate lf'ally hreviou5 action has been taken or if other public bodies have advised): ;- Page 45 of 76 RESOL U'TION 10 -10 -33 CITY Oh OAK PARK HEAGHTS WASHINGTON COUNTY MINNESOTA A RESOLUTION AI.1TfJORIZINC.3 TJ -IE REC'EIrr OIL A DONATION FROM STILLWATER GLASS YJIi-II?R AS, Oak Park Heights business resident Stillwater Glass. owned and operated by Bill Gramenz, %vishes to donate thirty4wo ( 32) 8.5" x 1 1 - acrylic sheets, vaked at One hundred Thirty- -light and .2411001s DoHms 6138.24) for use in the City Hall rotunda literature display to the City of Oak Park l leights; and WI - Ir?RI ' the City ol' Oak Park heights is appreciative l the. donation Cron, Bill Gramenz and Stillwater Glass. NOS', TLIL?RETORE, I3Ii, IT RESOLVED by die City Council oi'the City of Oak Park Heights that the City shall accept the domition from �tilImmIcr Glass and that the acrylic sheets shall he used to enhance the literature disiday in the Chy lit rotunda. Paced by the City Council 1`01• the Cily o(' Oak Park lleiidhts this 26 "' day o4' Oember. 2010. David Bea udet.. Mayor Attest: E ric .Johnson, City Administrator Page 46 of 76 Stillwater Glass 13951 both St. N. Stillwater, MN 55082 P: 6,1.AgQ.0AA1 Invoice DME INVOICE NO. . . ............................... ID.0. NO. TEAMS Net 3 I :II? (;I�II�rIOl�T Q'r Y RNFE l9MOLrNI' 8 7./2 x ra. x .o98 clear Plexiglas film i ast. 3 4 32' 1 38.2 The following p duct is being donated to the City of Oak Park 138.24 138.2 Heights by Stillwater Glass Ine. 7,125% MN Sales Tax 7.125% 0.00 ........ ....... ..._...., It's been a pleasure working with you! Total $0.00 Page 47 of 76 T!&PageG Left Intentionally Blank Page 48 a7 7 {" �": ®alp Park Heights Request for Council Action Meeting bate: 10 -26-2010 Time Required: 1 nnin. Agenda Item 'Tide: Approve JPA with Police Dept. and State of MN Agenda Placement: New Business - Resolution Originating Department /R ;uestor: O c Parlc 1. cighIs Police Dept., Chief Brian DeRosier Requester's Signature Action Requested: Approve JPA with Police Dept. and State of MN Backgroundl.lustificatiom The police department is in the process of establishing an electronic charging system being impleinented by the State of MN. This is a system in which the criminal complaints we mile will all be done electronically with the police department, prosecuting attorney's, and the courts system. This agreennent also covers our connection to the state records system which is also a conduit to the federal records system. These are high priority connections and essential to the Function of the police department. Part of the process is updating our Joint Powers Agreement with the state. This agreement was last signed in 1997, The state is asking for a resolution of approval, Page 49 of 76 RESOLUTION NO. RESOLUTION APPROVING STATE OF MINNESOTA JOINT POWERS AGREEMENTS WITH THE CITY OF OAK PARK HEIGHTS ON BEHALF OF ITS CITY POLICE DEPARTMENT WHEREAS, the City of Oak Park Heights on behalf of its Police Department desires to enter into Joint Powers Agreements with the State of Minnesota, Department of Public Safety, Bureau of Criminal Apprehension to use systems and tools available over the State's criminal justice data communications network for which the City is eligible. The Joint Powers Agreements further provide the City with the ability to add, modify and delete connectivity, systems and tools over the five year life of the agreement and obligates the City to pay the costs for the network connection. NOW, THEREFORE, BE IT RESOLVED by the City Council of Oak Park Heights, Minnesota as follows: 1. That the State of Minnesota Joint Powers Agreements by and between the State of Minnesota acting through its Department of Public Safety, Bureau of Criminal Apprehension and the City of Oak Park Heights on behalf of its Police Department, is hereby approved. 2. That the Chief of Police, Brian DeRosier, or his or her successor, is designated the Authorized Representative for the Police Department. The Authorized Representative is also authorized to sign any subsequent amendment or agreement that may be required by the State of Minnesota to maintain the City's connection to the systems and tools offered by the State. 4, That Dave Beaudet, the Mayor for the City of Oak Park Heights, and Eric Johnson, the City Clerk, are authorized to sign the State of Minnesota Joint Powers Agreements. Passed and Adopted by the Council on this 26th day of October, 2010. CITY OF OAK PARK HEIGHTS By: [name of mayor] Its Mayor ATTEST: By: [name] Its City Clerk Page 50 of 76 Dl'S- M -0940 MN0821400 STATE OF MINNESOTA JOINT .POWERS AGREEMENT CRIMINAL JUSTICE AGENCY 'I'his agreement is between the State of Minnesota, acting through its Department of Public Safety, Bureau of Criminal Apprehension ( "BCA ") and the City of Oak Park Heights on behalf of its Police Department ( "Agency ") Recitals Under Minn. Stat, § 471.59, the BCA and the Agency are empowered to engage in such agreements as are necessary to exercise their powers. Under Minn. Stat. § 299C.46 the BCA must provide a criminal justice data communications network to benefit criminal justice agencies in Minnesota. The Agency is authorized by law to utilize the criminal justice data communications network pursuant to the terms set out in this agreement. In addition, BCA either maintains repositories of data or has access to repositories of data that benefit criminal justice agencies in performing their. duties. Agency wants to access these data in support of its criminal justice duties. The purpose of this Agreement is to create a method by which the Agency has access to those systems and tools for which it has eligibility, and to memorialize the requirements to ain access and the limitations on the access. Av l awo A greement g a_ I Terin of A .g. 1_ >1 iective date This Agreement is effective on the dat � �1 obtains all required signatures under 1vlinn. Stat. § 1 6C.05, subdivision 2. r t?�<.a7<r V . 1.2 Ex7)iration Artie: This Agreerneirt expires five years froiTi thy; elate it is ell 2 Agreement between the i ?arties 2.1 General access. BCA agrees to provide Agency with access to the Minnesota Criminal Justice Data Cornirunications Network (CJ'DN) and those systems and tools which the Agency is authorized by law to access via the CJDN for the purposes outlined in Minn. Stat. § 299C.46. 2.2 Methods of access. The BCA offers three (3) methods of access to its systems and tools. The methods of access are: A. Direct access occurs when 'individual users at the Agency use Agency's equipment to access the BCA's systems and tools. This is generally accomplished by an individual user entering a query into one of BCA's systems or tools. 13. Indirect access occurs when individual users at the Agency go to another Agency to obtain data and information from RCA's systems and tools. This method of access generally results in the Agency with indirect access obtaining the needed data and information in a physical .format like a paper report. C. Computer-to - comptiter system interface occurs when Agency's computer exchanges data and information with BCA's computer systems and tools using an interface. Without limitation, interface types include: state message switch, web services, enterprise service bus and message queuing. For purposes of this Agreement, Agency employees or contractors may use any of these methods to use BCA's systems and tools as described in this Agreement. Agency will select a method of access and can change the methodology following the process in Clause 2.10. 2.3 Federal systems access. In addition, pursuant to 28 CFR §20.30 -38 and Minn. Stat. §299C.58, BCA will provide Agency with access to the Federal Bureau of Investigation (FBI) National Crime Information Center. Page 51 of 76 DPS- M -0940 MI N0821400 2.4 Agency policies. Both the BCA and the FBI's Criminal Justice Information Systems (FBI - CJ1S) have policies, regulations and laws on access, use, audit, dissemination, hit confirmation, logging, quality assurance, screening (pre- employmem), security, timeliness, training, use of the system, and validation. Agency has created its own policies to ensure that Agency's employees and contractors comply with all applicable requirements. Agency ensures this compliance through appropriate enforcement. These BCA and FBI - C.TIS policies and regulations, as amended and updated from time to time, are incorporated into this Agreement by reference. The policies are available at w _state /cjdn/. 2.5 agency resources. To assist Agency in complying with the federal and state requirements on access to and use of the various systems and tools, inforrxration is available at h /4sps. x.state.mn.us / s ites /b easervicecatalogq faull.4sp . 2.6 Access granted. A. Agency is granted permission to use all current and future BCA systems and tools for which Agency is eligible, Eligibility is dependent on Agency (i) satisfying all applicable federal or state statutory requirements; (ii.) complying with the terms of this Agreement; and (iii) acceptance by BCA of Agency's written request for use of a specific system or tool. B. To facilitate changes in systems and toQ.ls Agency grants its Authorised Representative authority to make 41 —. written requests for those systerns and tools #60 ed by BCA that the Agency needs to meet its criminal justice obligations and for which Agency is eligible, 2.7 Fixture access. On written request by Agency, ay provide Agency with access to those systerns or tools which may become available after the signing of this A_ ent, to the extent that the access is authorized by applicable slate and federal. law. Agency agrees to be bound 'y the terms and conditions contained irr this Agreement that when rati.lizing new systems or tools provided under this Agreen'rent. 2.8 Limitations on access. BCA agrees that it will comply with applicable state and federal laws when making information. accessible. Agency agrees that it will coniply with applicable state and federal laws when accessing, entering, using, disseminating, and storing data. Each party is responsible for its own compliance with the most current applicable state and federal laws. 2.9 Supersedes prior agreements. `Phis Agreement supersedes any and all prior agreernents between the BCA and the Agency regarding access to and use of systems and tools provided by BCA. 2.10 Requireinent to update information. The parties agree that if there is a change to any of the information whether required by law or this Agreement, the party will send the new inforrrmation to the other party in writing within 30 days of the change, This clause does not apply to changes in systems or tools provided under this Agreement. This requirement to give notice additionally applies to changes 111 the individual or organization serving a city as its prosecutor. Any change in performance of the prosecutorial :function needs to be provided to the BCA in writing by giving notice to the Service Desk, BCA .S cz - viceDeslc�cD state. mn.us. 2.11 Transaction record. The BCA creates and maintains a transaction record for each exchange of data utilizing its systems and tools, In order to meet FBI-CJIS requirements and to perform the audits described in Clause 7, there must be a method of identifying which individual users at the Agency conducted a particular transaction. If Agency uses either direct access as described in Clause 2.2A or indirect access as described in Clause 2.213, BCA's transaction record meets FBI -CJIS requirements. When Agency's method of access is a computer to computer interface as described. in Clause 2.2C, the Agency must keep a transaction record sufficient to satisfy FBI -CJIS requirements and permit the audits described in Clause 7 to occur. Page 52 of 76 DPS- M -0940 M N0821400 If an Agency accesses and maintains data from the Driver and Vehicle Services Division in the Minnesota Department of Public Safety, Agency must have a transaction record of all access to the data that are maintained. The transaction record must include the individual user who requested access, and the date, time and content of the request. The transaction record must also include the date, time and content of the response along with the destination to which the data were sent. The transaction record must be maintained for a minimum of six (6) years from the date the transaction occwred and must be made available to the BCA within one (1) business day of the RCA's request. 2,12 Court information access. Certain BCA systems and tools that include access to and /or submission of Court Records may only be utilized by the .Agency if the Agency completes the Court Data Services Subscriber Amendment, which upon execution will be incorporated into this Agreement by reference. These BCA systems and tools are identified in the written request made by Agency under Clause 2.6 above. The Court Data Services Subscriber Amendment provides important additional terms, including but not limited to privacy (see Clause 82, below), fees (see Clause 3 below), and transaction records or logs, that govern Agency's access to and /or submission of the Court Records delivered through the BCA systems and tools. Payment The Agency agrees to pay BCA for access to the criminal justice data communications network described in Minn. Stat. § 299C,46 as specified in this Agreement. The Police Department pays for 1 line and 1. terminal. The bills are sent quarterly for the amount of Two Hundred seventy dollars ($270.00) or a total annual cost of One thousand eighty dollars (51,080.00). A l Agency will identify its contact person for bill�n eta os � d will provide updated information to K A's g.� y Y 1 !� 1 , 1 1 Authorized Representative within teri business days w e i jbf; tion changes. If Agency chooses to execute the Court Data Services Suhscribu `%1�nendment efezred to in Clause 2,12 in order to access and /or submit Court Records via BCA's systems, additional fees, if any, are addressed in drat anrrendment. 4 Authorized Representatives The BCA's Authorized Representative is Dana Gotz, Department of Public ,Safety, Bureau of Criminal Apprehension, Minnesota Justice Information Services, 1430 Maryland Avenue, St. Paul, MN 55106, 651- 793 -1007, or her successor. The Agency's Authorized Representative is Brian DcRosier, Chief of Police, 14t68 Oak Park Blvd.. N, Oak Park. Heights, MN 55082, 651- 439 -4723, or his /her successor. Assignment, Amendments, Waiver, and Contract Complete 5.1 Assignment. Neither party may assign nor transfer any rights or obligations under this Agreement. 5.2 Amendments. Any amendment to this Agreement, except those described in Clauses 2.6 and 2.7 above must be in writing; and will not be effective until it has been signed and approved by the same parties who signed and approved the original agreement, or their successors in office. 5.3 Waiver. If either party fails to enforce any provision of this Agreement, that failure does not waive the provision or the right to enforce it. 5.4 Contract Complete. This Agreement contains all negotiations and. agreements between the BCA. and the Agency. No other understanding regarding this Agreement, whether written or oral, may be used to bind either party. 6 Liability Each party will be responsible for its own acts and behavior and the results thereof and shall not be responsible or liable for the other party's actions and consequences of those actions. The Minnesota Torts Claims Act, Minn. Stat. § 3.736 and other applicable laws govern the RCA's liability. The Minnesota Municipal Tort Claims Act, Minn. Stat. Ch. 466, governs the Agency's liability. Page 53 of 76 UPS- M -0940 MN0821400 7 .Audits 7.1 Under Minn, Stat. § 16C.05, subd. 5, the Agency's books, records, documents, internal policies and accounting procedures and practices relevant to this Agreement are subject to examination by the BCA, the State Auditor or• Legislative Auditor, as appropriate, for a minimum of six years from the end of this Agreement. Under Minn. Stat. § 6.551, the State Auditor may examine the books, records, documents, and accounting procedures and practices of BCA. The examination shall be limited to the books, records, documents, and accounting procedures and practices that are relevant to this Agreement. 7.2 Under applicable state and federal law, the Agency's records are subject to examination by the BCA to ensure compliance with laws, regulations and policies about access, use, and dissemination of data. 7.3 If Agency accesses federal databases, the Agency's records are subject to examination by the 1 and Agency will cooperate with FBI examiners and make any requested data available for review and audit, 7A To facilitate the audits required by state and federal law, Agency is required to have an inventory of the equipment used to access the data covered by this Agreement and the physical location of each. Government Data Practices 8.1, BCA and Agency. The Agency and BCA must comply with the Minnesota Government Data Practices Act, Minn. Stag. Ch, 13, as it applies U ° rta accessible under this Agreement, and as it applies to all data created, .: collected., received, stored, used, %tsaint� re t or disseminated by the Agency under this Agreement, 'T'he remedies of Minn. Slat. §§ 13.08 and 13.09 apply to a wse of the data referred to in this clause by either the Agency or the BCA. 8.2 Court Records, If Agency chooses to execute the Court Data Services Subscriber Arnendm.ent: referred to III Clause 2.12 in order to access anchor submit Court Records via BCA's systems, the following provisions regarding data practices also apply, The Court is not subject to Minn. Stat. Ch. 13 (see section 13.90) but is subject to the Rules of Public Access to Records of the Judicial Branch promulgated by the Minnesota Supreme Court. All parties ackriowledge and agree that Minn. Stat, § 13.03, subdivision 4 (e) requires that the BCA and the Agency comply with the Rules of Public Access for those data received from Court under the Court Data Services Subscriber Amendment. All parties also acknowledge and agree that the use of, access to or submission of Court Records, as that term is defined in the Court Data Services Subscriber Amendment, may be restricted by rules promulgated by the Minnesota Supreme Court, applicable state statute or federal law. All parties acknowledge and agree that these applicable restrictions must be followed in the appropriate circumstances. 9 Investigation of alleged violations; sanctions For purposes of this clause, "Individual User" means an employee or contractor of Agency. 9.1 Investigation, Agency and BCA agree to cooperate in the investigation and possible prosecution of suspected violations of federal law, state law, and policies and procedures referenced in this Agreement. When BCA becomes aware that a violation may have occurred, BCA will inform Agency of the suspected violation, subject to any restrictions in applicable law. When Agency becomes aware that a violation has occurred, Agency will inform BCA. subject to any restrictions in applicable law. 9,2 Sanctions Involving Only 13CA Systems and Tools. The following provisions apply to BCA systems and tools not covered by the Court Data Services Subscriber Amendment. 9.2.1 For BCA systems and tools that are not covered by the Court: Data Services Subscriber Amendment, Agency must determine if and when an involved .Individual User's access to systems or tools is to be temporarily or permanently eliminated. Tire decision to suspend or terminate access may be made as soon as alleged violation is discovered, after notice of an alleged violation is received, or after an investigation has occurred.. Agency rust report the status of the Individual User's access to BCA without delay, 4 Page 54 of 76 DPS- M -0940 MN0821400 9.2.2 If BCA determines that Agency has jeopardized the integrity of the systems or tools covered in. this Clause 9.2, BCA. may temporarily stop providing some or all the systems or tools tinder this Agreement until the failure is remedied to the RCA's satisfaction. If Agency's failure is continuing or repeated, Clause 11.1 does not apply and BCA may terminate this Agreement immediately. 93 Sanctions Involving Only Court Data Services The following provisions apply to those systems and tools covered by the Court Data Services Subscriber Amendment, if it has been signed by Agency. As part of the agreement between the Court and the BCA for the delivery of the systems and tools that are covered by the Court Data Services Subscriber Amendment, BCA is required to suspend or terminate access to or use of the systems and tools either on its own initiative or when directed. by the Court. The decision to suspend or terminate access may be made as soon as an alleged violation is discovered, after notice of an alleged violation is received, or after an investigation has occurred. The decision to suspend or terminate may also be made based on a request from the Authorized Representative of Agency. The agreement further provides that only the Court has the authority to reinstate access and use. 9.3.1 Agency understands that if it has signed the Court Data Services Subscriber Amendment and if A Individual. Users violate the provisions of that Amendment, access and use will be suspended by BCA or Court. Agency also understands that reinstatement -s only at the direction of the Court, 9.3.2 .Agency further agrees that if Agcrncybhc vas -ha c�ie oa more of its .hndivic'iva.l Users have violated the tern of flee Amendment i1: will notify BCA and Couri so to t an r yp tigat:ion as described in Clause 9,1 rnnay occur. 1.0 Verrue - Venue for all legal proceedings involving this A.oacement, or its breach, must be in the appropriate state or federal court with competent jurisdiction in Ramsey County, .Minnesota. 11 Termination 1.1.1. Termination. The BCA or the Agency may terminate this Agreement at tiny time, with or without cause, upon 30 days' written notice to the other party's Authorized. Representative. 11.2 Terminationfor Insufficient Funding. Either party may immediately terminate this Agreement if it does not obtain funding from the Minnesota Legislature, or other funding source; or if ffindin.g cannot be continued at a level sufficiernt to allow for the payment of the services covered here. 'Termination must be by written notice to the other party's authorized representative. The Agency is not obligated to pay for any services that are provided after notice and effective date of termination. However, the BCA will be entitled to payment, determined on a pro rata basis, for - services satisfactorily performed to the extent that funds are available. Neither party will be assessed any penalty if the agreement is terminated because of the decision of the Minnesota Legislature, or other funding source, not to appropriate funds. Notice of the lack of funding must be provided within a reasonable time of the affected parlay receiving that notice. 12 Continuing obligations The following clauses survive the expiration or cancellation of this Agreement: G. Liability; 7. Audits; 8, Government Data Practices; 9. Investigation of alleged violations; sanctions; and IO.Venue. Page 55 of 76 DDS- M -0040 MN'0821 400 The parties indicate their agreement and authority to execute this Agreement by signing below. I. STATE ENCUMBRANCE VERIFICATION 3. DEPARTMENT Or PUBLIC; SAFETY, BUREAU OIL Individual certifies that funds have been encumbered as required CRIMINAL APPREHENSION by Minn. Star §§ 16A.15 and 160.05. Name: -- Name!.. -- — m - -- -- - -._.. (PRINTED) (PRINTED) Signed:_ (with delegated authority) CI Contract. No. A- Datc: 2, AGENCY 4. �'�3Mi�!IIS,����1112 ��C' Alli1/Jli'�I�iS'�[RATION (PRINTED) delcs,Tatcd to Materials Management 3aivision i , i.. . . ate: .._... (4tli'tlelegatcd authority) Date: Nanic: Sigiled (PRINTED) 'Title: (with delegated authority) Date: 6 Page 56 of 76 r. ®alp Park Heights Request for Council Action Meeting Date ___Octobe 26"', 2010 _ Time Required: 10 Minute Agenda Item Tit.Ie: 0A Park heights -- Dair Owen _: 14447 60` Street N - __...- ._--- __ -. - Conditio Use Permit, Site _Pli i _Desi m Guideli Review Agenda Placement Originating I.)epaltl� cl�tlRc t�I °`" ii .Iohnsop, Ci Adn�illi Requester's Signature Action Requested _ See Background/J ustification (Please indicate if' any previous action has been taken or if other public bodies have advlsed): Please sec' the attached 1t °one City Minim- Scott Richards- 1. Planiiei-'s llel)ot•t Dated -.- October 7`', 2010. 2. Planning Commission Wsolutioo, unsigned. 3. Proposed City Council Resolution. Page 57 of 76 3601 Thurston Avenue N, Suite 100 Anoka, MN 55303 Phone: 763, 231 .5840 Facsimile: 763.427.0520 TPC ce PlanningCo.corn TO: 'ROM: DATE: RE: TPC FILE: BACKGROUND Eric Johnson Scott Richards October 7, 2010 Oak Park Heights -- Dairy Queen -- 14447 60 Street North -- Conditional Use Permit, Site Plan and Design Guidelines Review 236.02 — 10.04 Bill Kulesa, representing Gartner Restaurant Holdings has made application to construct a Dairy Queen at 14447 60 "' Street North. The property is west of the Super America at the corner of Olene Avenue North and 60 t1i Street. The application consists of requests for a conditional use permit for a drive through and site plan /Design Guidelines review. The property has previously been a vehicle sales lot and the building on the site will be removed as part of this proposed development. The site is 56,963 square feet in size and is zoned B-2, General Business District in which restaurants are a permitted use. The drive thru and convenience food establishments are allowed through a conditional use. Site Plan and Design Guideline review are required for any redevelopment project. EXHIBITS The review is based upon the following submittals: Exhibit 1: Cover Sheet Exhibit 2: Site Plan (C2.1) Exhibit 3: Details (C2.2) Exhibit 4: Grading and Erosion Control Plan (C3.1) Exhibit 5: Utility Plan (C4.1) Exhibit 6: Tree Preservation Plan (L1.1) Exhibit 7: Landscape Plan (L2.1) Exhibit 8: Lighting Plan (E1.1) Page 58 of 76 Exhibit 9: Lighting Plan Details (E1.2) Exhibit 10: Plans and Elevations (A1.0) Exhibit 11: Building /Signage Details (A1.1) Exhibit 12: Existing Conditions (C1.1) Exhibit 13: Demolition Plan (C1.2) Exhibit 14: Building Signage Exhibit 15: Site Signage (A3.3) Exhibit 16: Site Details (A1.2) Exhibit 17: Letter from MnDot — September 24, 2010 Exhibit 18: Memo from City Arborist PROJECT DESCRIPTION The proposed Dairy Queen is to be located at the corner of Olene Avenue and 60 Street, just west of the Super America. It will be a one story building of 2,164 square feet with 69 seats. There will also be an outside seating area at the front of the building. A picnic area is also provided at the rear of the site. The Dairy Queen will also provide a drive thru option. Access for the site is from 60 Street. Two access points are currently provided from 60 and these two accesses will remain. The access nearest Olene will be two way, while the exit to the east will be one way out. An area directly to the east of the Dairy Queen and west of the Super America will remain as a paved area. This was a portion of the former used car sales lot. The lot is platted as a separate parcel that is not part of the proposed Dairy Queen or the Super America site. All of these properties are under the same ownership. The paved parcel adjacent to the Super America will remain as a parking area for Super America employees and customers. It is assumed that this lot would be combined with the Super America site for future development. The parcel cannot be developed as a separate parcel in that it does not have adequate frontage on 60 Street. A ten foot grassed area will be created within the parking lot adjacent to the Dairy Queen site. It will be irrigated from the Dairy Queen system and maintained by the owner of the property. The applicant has provided draft copies of the agreement for maintenance of this grassed area. The City will require a copy of the final agreement as a condition of approval. ISSUES ANALYSIS Comprehensive Plan. The property is designated as Commercial on the Proposed Land Use Map. The Dairy Queen restaurant will be consistent with this land use designation. Zoning. The property is zoned B -2 General Business District. Restaurants are a permitted use, but drive through and convenience food establishments are a fisted conditional use. A review of the criteria for this project is as follows. The District 2 Page 59 of 76 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 -2 District is 35 feet. At its highest point, the building will be 20 feet, 6 inches. Section 401.301.E of the Zoning Ordinance lists criteria for review of drive through and convenience food establishments. All of the issues raised in those criteria have been addressed in this report. The one item that should be reviewed carefully by the Planning Commission is the first criterion that specifies compliance with the Design Guidelines. Subdivision. The property is currently in a meets and bounds description. The property owner has the option of plating it as a one lot subdivision and pay park dedication at this time, or to leave it in the current description. if left in a meets and bounds description, 10 foot utility easements along all lot lines will need to be provided to the City at this time. The applicant has indicated that the lot will not be platted at this time. Access. As indicated, the site will be accessed by 60 Street. Two curb cuts oil 60 exist at this time, and the applicant has indicated the same on the site plan. Staff discussed the option of an access off of Olene Avenue, but the topography of the site made this option problematic. If the two accesses did not currently exist, the applicant would be allowed only one access from 60 Street. The access closest to Olene Avenue has been moved to the east from its current location. The location of the access points are subject to review and approval of the City Engineer. Parking, Section 401.15.1.9 of the Zoning Ordinance requires one off street parking stall for each 35 square feet of gross floor area or service and dining area and one space for each 80 square feet of kitchen and storage area. Additionally, two spaces are required for the drive - through and 180 feet of drive aisle stacking space must be included. The parking calculation for this site is as follows: 1,029 sq ft (seating /service) x.9 = 926 / 35 = 27 spaces 1,085 sq ft (kitchen /storage) x.9 = 976/ 80 = 13 spaces 2 drive through spaces - 2 spaces Total 42 spaces The site plan indicates that there are 43 parking stalls planned for the development, two of which are disability accessible. The layout as designed will meet the required number of parking stalls and disability accessible stalls. The parking spaces are 9 foot wide stalls with at least 22 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 setback from the property lines at least 3 Page 60 of 76 10 feet in compliance with the requirements. There will be landscaped areas at the front and rear of the building as well as surrounding the parking lot and drive thru lane. Three rain gardens are provided within the parking lot and directly behind the building. Loading areas /Trash Enclosure Location. The loading access to the building will be from the parking lot and deliveries are made at the rear of the structure. The representatives of Dairy Queen have indicated that deliveries are made at off peak hours so as not to disrupt traffic flow within the site. Additionally, the delivery area will not impact the drive thru lanes. The trash enclosure is located at the rear of the site and is constructed of brick to complement the main structure. Grading /Drainage /Utilities. Grading, drainage and utility plans have been provided by the applicant. The City Engineer will provide a separate report on engineering issues. The grading, drainage and utility plans shall be subject to review and approval of the City Engineer and the Middle St. Croix Watershed District. Lighting Plans. Fixtures. The lighting plan indicates a shoe box style, full cut off light fixture mounted on a pole and base with a total height of 24 feet in compliance with the fighting requirements. All of the parking lot fixtures are adequately setback from property lines. The plans indicate the locations of the full cut off building wall mounted fixtures. both of these fixtures are consistent with zoning requirements. The project architect should specify the color of the pole mounted and building light fixtures. 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. Accent Lighting. The plans call for the use of an LED flexible tube accent lighting at the front and partially on the sides of the structure. The Design Guidelines do not allow building color wraps or neon as a building accent. This feature will need to be removed from the plans. Landscaping. The submitted plans indicate plantings at the front and rear of the building, and surrounding the parking lot and drive aisle. The City Arborist has provided a report on the landscaping as attached to this report. The final landscape plan is subject to the review and approval of the City Arborist. The landscape area along the east property line will abut the existing parking lot of the former used vehicle lot. The elevations of the parking lot and landscape area have been matched. As indicated, the applicant will install a 10 foot grassed area on the adjacent site as a transition to the parking lot. 4 Page 61 of 76 Mechanical Screening. The plans indicate that the parapet walls are designed to totally screen the mechanical equipment. Signage. Freestanding Sign. The Zoning Ordinance allows for one freestanding sign not exceeding 20 feet in height and 100 square feet in sign area. A freestanding sign is proposed at the front of the lot near the easterly exit. The sign is 20 feet in height, and the Signage is a total of 87 square feet. A brick planter is provided at the base in compliance with the requirements. The Design Guidelines indicate that ground mounted or monument signs are preferred over pylon signs. The Planning Commission should comment on the design of the sign. It might be more attractive as a 20 foot monument sign with the three signage elements incorporated within. Wall Signage. The Zoning Ordinance allows for a total of two wall signs, each on separate facades. The proposed sign plan indicates two wall signs, one on the front fagade facing 60 "' Street and the other facing west. On the front fapade, the signage is two separate sign boxes, but in that they are only separated by a gap of six inches, staff regards there as one sign. This is consistent with past practice, Total Allowable Signage. The total square footage of signage shall not exceed 300 square feet for the site. The wall signs are a total of 82 square feet. The total Signage proposed for the site is 169 square feet. The sign plans indicate the location and type of directional signs. The directional signs do not include advertising which is consistent with the requirements. The signage, including all directional signs shall be subject to review and approval of City Staff at the time of sign permit application. Sign Illumination, The Dairy Queen logo signs, Grill and Chill signs and the manual reader board is to be internally lit. The sign plans show that when the signs are illuminated at night, only the logo portion of the sign will be 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. 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. 5 Page 62 of 76 Architectural Guidelines. 1=agade Treatments The building will have a definite base, middle and top. The Planning Commission should discuss the metal cooler at the rear of the building and the blue and red color accents on the building facades. Ground Level Expression This is a one story building with a raised parapet feature at the center of the front fapade. The main entrance is well defined by the awnings and signage. Transparency The building uses glass on all of the facades except for the rear which is partially obscured by the metal cooler. The Design Guidelines requires at least a 20 percent transparency on ground floor, street facing facades. The fagade facing 60 Street is approximately 19.1 percent transparent. The two side facades closest to the front have transparencies of 20 percent and over. The Planning Commission should discuss this. Entries The building features a prominent entry with a raised parapet, stone wall materials and awnings. Roof Design The roofline is broken at the front by a raised parapet feature. The rooftop mechanical equipment will be completely screened within the parapet of the building. Building Materials and Colors The applicant has provided color elevations for review. The primary building materials of brick, stone and glass will exceed the 60 percent requirement. hone of the prohibited building materials will be used. The Planning Commission should discuss the use of the blue metal panels and the red tile accents on the sides of the building. Building material samples will be available at the Planning Commission meeting. Franchise Architecture The building is a franchise design but it is consistent with the basic principles of the Design Guidelines. This should be discussed by the Planning Commission. Site Design Guidelines Building Placement The proposed building has a well defined entrance facing 60 Street. The building is set back to allow for parking and landscaping. C Page 63 of 76 Parking Areas The parking area is landscaped with perimeter plantings and rain gardens. Storm water Storm water will be addressed in the City Engineer's report. Pedestrian and Common Space Currently, there is no trail along 60''' Street at this location. It is expected that MNDot will install a trail when improvements are made to the frontage roads of 60'" Street. The Planning Commission should comment about creating a trail connection through the site at this time. Landscaping Building entrance plantings are required and are provided at the main parking lot entrance and along the on the west side of the building. An outdoor seating area is provided adjacent to the front fapade. That area is landscaped and fenced. Trees /Shrub The trees and shrubs used in the landscape plan shall be subject to the review and approval of the City Arborist. The Arborist has indicated that the plan is well designed with a good variety of plant materials. Fencin The fence in the front yard, around the outdoor seating area, is three feet in height and to be constructed of an open wrought iron. The fence is in compliance with the requirements. Util ites /Service /Loadin /Drive -Throe h /Store e Areas Addressed elsewhere in the planning report. Liqhfin A Addressed elsewhere in the planning report. Signage Addressed elsewhere in the planning report. Pedestrian/ Bicycle Routes A bike rack has been provided near the front entrance of the building. CONCLUSION / RECOMMENDATION Upon review of the requests for Conditional Use Permit, Site Plan and Design Guidelines Review, City Staff would recommend the project with the conditions as follows 7 Page 64 of 76 1. The applicant shall provide an executed copy of the Boundary Development agreement prior to issuance of the building permit. 2. Ten foot utility and drainage easements along all lot lines shall be provided to the City. The easement shall be recorded on the property subject to review and approval of the City Attorney and City Engineer. 3. The two access points are subject to review and approval of the City Engineer and permitting by the Minnesota Department of Transportation. 4. The grading, drainage and utility plans shall be subject to the review and approval of the City Engineer. The drainage plans shall be subject to the review of the Middle St. Croix Watershed District. 5. All lighting fixtures shall be full cut off and installed in compliance with the lighting standards of the Zoning Ordinance. 6. The outdoor lighting shall be turned off one hour after closing, except for approved security lighting. 7. The applicant should specify the color of the pole mounted and building light fixtures. 8. The LED flexible tube accent lighting shall not be used and shall be removed from the final plans. 9. The landscape plans are subject to review and approval of the City Arborist. 10. All signage, including directional signs, shall be subject to final review and approval of City Staff. 11. The Planning Commission should comment on the proposed pylon sign. The Design Guidelines indicate a preference for monument signs. 12, 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 fagade materials. 13. The applicant shall address sustainability initiatives with the Planning Commission. 14, The Planning Commission shall discuss the front fagade transparency and determine compatibility with the Design Standards. 8 Page 65 of 76 15. The Planning Commission should comment on the building material selection and colors, and the awnings. In particular the Planning Commission should discuss the color accents and the metal cooler at the rear of the building. 16. The Planning Commission should comment on a future trail connection from the site. 9 Page 66 of 76 A RE'COMMF,NDING RESOIA1 1ON OF THE PLANNING COMMISSION CITY OF OAK PARK IHAGI-I`I'S WASHINGTON COUNTY, MINNESOTA A RESOLUTION ESTABLISHING FINDINGS OF FACT AND RECOMMENDING TO THE CITY COUNCIL THAT THE REQUEST BY GARTNER RESTAURANT HOLDINGS FOR A CONDITIONAL USE PERMIT, SITE FLAN, AND DESIGN GUIDELINES REVIEW FOR A DAIRY QUEEN RESTAURANT AT 14447 60 STREET NORTI SHOULD BE APPROVED WITH CONDITIONS WHEREAS, the City of (.),ik Park Heights has received a request from Gartner 1Zcstaurant I loldin s fora Conditional t use Permit. Site Ilan. and Dcsif„ n Guidelines review f - or a restaur mt at 14447 60 Street North:. and after having conducted a public lhcaring relative thereto. the ]'tannin) Comnaisslon (40,1k Park 1 lei, ' makes the following (in(hn u,s of fi et: follows. to N'vit: and 'file real property affected by said application is Ie,ally described as S A11"AC l IMI;NT A 2. `['he applicant has submitted an application and supporting dOCUmentatlon to the Community Dcvclopnaefat Department consisting of the following items: SI:;I� A'1 "1'AC'IIMI�;N I3 and hhe property is z.oiaed 13 -2, Clencral Business District The subject property requires a conclitional use permit for the drive - through window, Site plan and Design Guidelines review; and 4. City staff' prepared a planning report dated October 7, 2010 reviewing the request; and 5. Said report recommended approval of'the Conditional Use Permit. Site Plan, and Design Guidelines review subject to the fulfillment ol'conditions; and Page 67 of 76 6. The Planning Commission held a public hearing at their October 14, 2010 meetirng, tool: comments from the applicants and public, closed the public hearing, and made the following recommendation: NOW, Tl-H?RE�FORE, 13E IT RESOLVED 113Y TI -IE PLANNING COMMISSION FOR 'T'HE, CITY OF OAK PARK HEIG'14TS 141A'T' '1'I-1I? PLANNING COMMISSION RECOMMENDS THE FOLLOWING- A. The application submitted by Gartner Restaurant I- lolding.s fog' a Conditional Use Permit, Site Plan, and Design Guidelines rCVlM for a rest1urt ,1nt at 14447 60' Strect North and affbcting the real property as follows: Si ., l : A )Mf NT A Be and the same as hereby recommended to the City Council of the City of Oak Park 1- tights for approval vAth the follo"drig conditions: The applicant shall prop idc an exccutcd copy` oi' the BOUndary De eIopmcnt agrcement prior to issuance of the building, permit. ?. 'T'en Mot utility and drainage casements along all lot lines shall be provided to the City. The easement shall be recorded on the propci —ty subject to review and approval of the Ciiy Attorney and City Fighem If requested by the City at a later chio the applicant agrees to dedicate an additional ten foot easement. for a total of menty feet, from the front property line of 60"' Street. 3. The two access points are subject to review and approval of the Cit l ngilicer and permitting by the Minnesota Department of Transportation. 4. The grading, drainage and utility plans shall be subject to the review and alliroval of the City Rgineer, The drainage plans shall be subject to the rcv&Nv of the NARG St. Croix Watershed District. 5. All lighting fixtures shall be full cut off and installed in compliance with the lighting standards of the Zoning (. }rdinance, 6, The outdoor lighting shell be turned off one hour after closing, except for approved security lighting. 7. Ile applicant has indicated that the color of the pole mounted and building light fixtures will be black. That Nvas agreeable to the Planning Commission. 2 Page 68 of 76 8, Ile LED flexible tube accent lighting shall not be used and shall be removed from the final plans. 9. Ile landscape plans are subject to review and approval of the City Arborist. 10. All signagc, including directional signs, shall be subject to final review and approval of City Staff. 11. The Planning Commission was Avorable to the design of the proposed pylon sign, but requested that the applicant move it further WE the front property Jive. 12. Mechanical equipment that is located on the roof and visible frona street level or from neighborhood properties shall be screened with materials that hlend harnaoniowdy with the buildinf? f"ayade materials. 11 The applicant addressed susminability initiatives for the project to the satisfaction of the Planning Commission. It Ile Planning Commission Nvas favorable to the p uposed front hgade nonsparency. 15. Ile Planning. Commission N'%as tavorahlc to the building material selection and colors. and the awnings. 16. The Planning Commission reconuaaended that the applicant consider the location of a future trail connection from the site to 60"' Street and determine i1'a trail <acceas Should be placed on the cast or west sides of'the property. Reconan ended by the Planning C:onamission of the C by of Oak Pad 1 AgMs this 141 day of October. ?0l {). Jennifer I3yc, Chair Eric A. Johnson, City Administrator 3 Page 69 of 76 AT 1 A Design Guideline Review, Site flan review & Conditional Use Permit (CUP) For hairy Queen Chill & Grill Drive Through 14447 60` St. N. Legally described as: All that pai of the Northeast Qumrtca of the North%vest Quarter (M." '/i o1' N W '/,) of' Section Four (�), To��n.ship `C wenty nine (29) North (20) \Vcst, descrihec as follovvs 11colnning at a point on the North line of said Northeast Quar €ct - thc Nr>rthwes( Quarter (NF '/, oi' NW 'A), Two l lundi 'Thirty (2 i0) feet West oC the Northc:ist corner ol' the said Northeast. Quarter of tic Nortinvest Quarter (NF '/, of NW '/4):, thence South on a line: parallel to the FInst line of the Said Northeast Quarter of the Northwest Quarter (Nl; `/, of' NW 'A), Thf•ee Heandred ( 300) feet to a point', thence West on a line IMI to e North nc thereof (:)nc lfundred Ninety (190) fCet to a point: thence North on a line parallel to the last line thcrcof, "Three Hundred (300) fcct to a point on the North line of Said tract; thence F "ast along. the North line thereof. Ogle Hundred Ninety (190) feet to the place of beginni o. subJect to existing highvvnv easements. power linc easements and restrictions oi� record, l��aslzingtor� County, M sot' Washington County GEE O Code: 04- 029 -20 -21 -0012 Page 70 of 76 ATTACHMENT 13 Design Guideline Review, Site Flan Review & Conditional Use Permit (CUP) For Dairy Queen Cahill & (;I-ill l)rive'I'hrongh 14447 60' St. N. Application Materials Application Form Nes Man Sets (3 Large Scale SetWO I I X 17 Sets) ® 'Written Naraltivc and Graphic Maiicrials Proposal Mailing LAst from 'NadOnWon (lung (500' from subject property) Proof of Wnership or Authorization to 1hucc-ed Property 'I'ax State rr�ent(s)IL,ega l Description(s) Conference With City Staff Upon Application Submittal: September 29, 2010 Required Approvals: C.U.IB. City Council 4/5 Conditional Use Permit w Lapse of Approval: Unless the City Council specifically approves a different time when action is officially taken on the request, the conditional use permit shall become null and void twelve (12) months after 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 the conditional use. An application to extend the approval of conditional use permit shall be submitted to the Zoning Administrator not less than thirty (30) days before the expiration of said approval. (401.03.C.4.a and b) Page 71 of 76 RESOLUTION NO. CITY COUNCIL CITY OF OAK PARK 14FAGITITS WASHINGTON COUNTY, MINNESOTA A RESOLUTION ESTABLISHING I+INDINCS OF FACT AND RESOLUTION OF THE CITY COUNCIL THAT THE REQUEST BY GARTNER RESTAURANT HOLDINGS FOR A CONDITIONAL USE PERMIT, SITE PLAN, AND DESIGN GUIDELINES REVIEW F A DAIRY QUEl"N RFISTAURANT AT 1444760 .. STREET NOR'm BE APPROVED WITH CONDITIONS WI-II?REAS, the City of Oak Park l lcThis has received a request from Gartncr Restaurant Holdinos fora Conditional U! c Pci Site Plan, and Design (itlidelines review for a rests n int at 11-447 G0` Street North after lvvim conducted a public hearin�z_ relative thereto, the Plannin,, Commission of Oak Part: 1 -]cif his 3 that the request be approved N -vith conditions. The City Council of C lh of Oak Park I Ieights makes the followill" findiil -s of fact and resolution: follows, to wit: and The real property affected by said applieatioil is described as S I; Al"I'AC'I IM1:NT A 2. The applicant has submitted an application and suppoi documentation to the Community Development Department consisting", of the follmlVillz items: SI h; ATTAC HM[�'NT B and 3. The property is zoned B -2.. Gencral I3usinc.ss District. The subject property requires a conditional use permit fol• the drive- tha'ough Wroclaw, site plan and Design Guidelines review - , and 4. City Staff prepared a planning report dated October 7, 2010 reviewing the request: and 5. Said report recommended approval of the Conditional Usc Permit, Site Plan, and Design Guidelines review Subject to the fuHillment of conditions; and Page 72 of 76 6. The Planning Conanksion held a pudic hearing at their Octobez' 14, 2010 nneeting, took comments from the applicants and public, closed the public hearing, and made the 11ollowing recommendation: NOW, THEREFORE, BE IT RI?.SOLVEI) BV THI CITY COUNCIL OU THE CITY OF OAK PART{ I-IIi R;HTS THAT'n -w, CITY COUNCIL APPROVES THE FOLLOWING: A. The application submitted by Gartner restaurant Holdings fora Conditional Use Permit, Site Plan, and Design Guidelines review for a restaurant at 14447 60"' Street North and affecting the real property as follows: SI,I A] YAC1IN41",IvT A Be and the same as hereby approved by the City Council ofthe City of Oak Park HdgNs with the following conditions: The applicant shall provide an encuted copy of' the Boundary Development agrec'mcilt prior to issuancc ol'the building permit. 2. Ten foot utility and drainage casements along all lot limes shall he pnwided to the City. The easement shall be recordcd on the property subject to review and approval of the C:` q Attorney and City LQhover, If reducsted by the City at a later date, the applicant agrees to dedicate an additional ten foot easement, for a total of twenty feet, fron) the front property line of 60' Street, 3. The two access points are subject to review and approval of the City 1`ngineerand permitting by the Minnesota Department of"T unsportation. T The grading.. drainage and utility plans shall be subject to the review and approval of the City Engineer. The drainage plans shall he suNect to the review of the Middle St. Croix Watcrshed District. 5. All lighting fixtures shall he full cut off and installed in compliance with the lighting standards of'the Zoning Ordinance. 6, The outdoor lighting, shall be turned off one hour after closing, except for approved security lighting. 7. The applicant has indicated that the color of the pole mounted and building light fixtures will he black. That was agreeable to the Planning C'onwAsslon and City C uncll. 7 Page 73 of 76 8. The LED flexible tube accent lighting Shall not be used and shall be removed from the final plans. 9. The landscape plans are subject to review and approval of the City Arborist. 10. All signage. including directional signs., shall be subject to final review and approval ol'City Staff. 11. The Planning Commission and City Council were favorable to the design of the proposed pylon sign. but requested that the applicant move it further from the front property line. 12. 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 fayade materials, 13. Ile applicant sk1dressed sustainal0ty initiatives Or the project to the satisfaction of the 1SO ,; C`onanaission and City Cotnacil. It Ile PWnning C.'ornmission and City Council were favorable to the proposed front fa4ac e transparency 15. Ile Planning Commission and City Council v,vcre flavorable to the building material selection and colors, and the awnings. 16. Ile Planning; Commission and City Council recommended that the applicant consider the location of a RHure trail connection from the site to 60` Street and determine if a trail access should be placed on the east or \,vesl sides of property. Approved by the City Council of the City of Oak Part: Heights this 26 "' day of October. 2010. David Beauda Mayor A"1I ST: Eric A. Johnson, Cite Administrator 3 Page 74 of 76 A NT A 1)esi(n Gaddelinc Review, Site Flan Review Conditional Use Permit (CUP) For Dairy Queen Chill & Grill Drive Through 14447 60 "' St. N. l,cyally described as. All that Karl o1'tlic Northeast Quai of the Northv,ve:st Q«artcr (NI; E/A oi'NW '/) ol'section I`oulr (4), Township -nine (29) Noi o1' C�aia��e I'���enty (20) (� st_ clescribc d a s S'ollo%vs: Begriming at a point oil the North line ol's�ticl N ortheast Quarter ol'the Nol•tlwvcst Quarter (Nk 01' NW ' /� }, Ty.vo hundred `C (230) feet "Icst of the Northeast corner of the said Northeast Qua.rtcr oi' the Northw est Quanta (NIA '' /, oi' NW ' /t):. the°ncc South oil ;I line pal to the East line of the said Northeast Quarter ol� the: NorthvVest Quarter (N1_; '/, of NW '/), Three I- lundred (300 Feet to a point, thence West on a line parallel to the North line thereof One 1 lundred Ninety (190) beet to a point, thence North on a line parallel to the h:ast line: the reof;'I'hrce I Iundred (300) feet to a point oil the North line of said tract; thencc last aloe() the North line thercol; One Ilunched Ninety (190) 1 ct to the place of' beginninz. subject to existing highway cascnlcnts, powcr lime casements and restrictions ot'rccord, Washington County, Minnesota. ashin; ton Coarr�ty �gh.�) Codeo 04- 029 - - - 0012 Page 75 of 76 ATTACHMENT' B Design Guideline Review, Site I'lan Review & C.'onclitional Use Permit (CUP) For Dair Queen C'liill & Grill Di-ive' hiTough 1=4447 W fit. ON. Application Materials Application Dorm ® Fees Plan Sets (3 1 mrge Scale gets /20 I 1 X 17 Sets) ® Written Narrative and Graphic Matcrials I.xplaining Proposal w Mailing.? List from WashinWon Caunty QXY from suQicet property-) Proof of Ownership or Authorization to 10mcced Property 'Tax Statenient(s) /l..e'oal Description(s) (''oriferenee With City Staf'1' Upon Application ,8ubiriittal: Scpteniber 29, 2 €)1(I Requit Appmvals: (I Q A City Council 41> Conditional Use Permit, Lapse of Approval- Unless the City Council specifically approves a dinbrent time when action is officially taken on the request, the conditional use permit shall become null and void twelve (12) months after the date of approval, unless the property owner or applicant has substantially started the construction of any building, strucano addition or alteration, or use requested as part of the conditional use. An application to extend the approval of conditional use permit shall be submitted to the Zoning Administrator not less than thirty (30) days before the expiration of'said approval. (401.0 3.C,4.a and b) Page 76 of 76