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HomeMy WebLinkAbout11-27-07 Council PacketCITY OF OAK PARK HEIGHTS TUESDAY, NOVEMBER 27, 2007 CITY COUNCIL MEETING AGENDA 7:00 P.M. 7:00 p.m. I. Call to Order/Pledge of Allegiance/Approval of A enda Estimated times 7:05 p.m. IL De artment/Council Liaison Reports A. Planning Commission B. Parks Commission C. Cable Commission D. Water Management Organizations E. Other Liaison/Staff reports 7:10 p.m. III. Visitors/Public Comment Recycling Award (1) This is an opportunity for, the public to address the Council with questions or concerns on issues not part of the regular age€ida. (Please limit coni -wits to 3 minutes in length.) 7:15 p.m. IV. Consent Agend (Roll Call Vote) A. Approve Bills & Investments B. Approve City Council Minutes — November 7, 2007 (2) C. Approve Wage Step Increase and 2008 Salary Adjustments (3) D. Approve a $500.00 payment to Mr. Larry Dauffenbach for his services related to the Chief of Police Employment Process (4) 7:15 p.m. V. Public Hearing Increase in Off -Sale and On -Sale I.,iquor License Fees (5) 7:30 p.m. VI. Old Business A. Increase in Off -Sale and On -Sale Liquor License Tees (5) B. City Hall Facility — Resolution Giving Preliminary Approval for Issuance of up to $7.5 Million in Capital Improvement Plan Bonds Consistent with the Adopted 2008-2012 Capital Improvement Plan (G) C. Ordinance Regarding CVB and Lodging Tax (no enclosure — draf Ordinance will he provided at meeting) 8:00 p.m. VII. New Business A. Lucy Winton Ball Fields — Financial Request (7) B. Approve Financial Accounting Policies & Procedures (8) C. Approve 10`x' (and Final) Pay Request - $15,269.18 and Accept the Project as Complete from Contractor Bursclwille Construction for the Nova Scotia and Norwich Ave. Street and utility Improvement Project (9) Page 1 of 84 D. WCL Associates Inc., Planned Unit Development, Concept and General; Conditional Use Permit; Subdivision; Site Plan and Design Review; and Rezoning of the Subject Property from 0, Open Space District to B-2, General Business District to Construct a Retail Development Including Best Buy (10) E. Issue Revenue Obligation Bonds — Boutwells Landing (11) Issue revenue obligations pursuant to the provisions of Minnesota Statute, Sections 469.152 through .165 1, as amended (the "Act"), to (a) refinance, refi€nd and redeem outstanding principal balance of the City's S 10,000,000 Heath Care Revenue Note of 2005 (Boutwells banding Care Center Project) (the "2005 Note") and its $10,000,000 Health Care Revenue Note of 2006 (i3autwe11s Landing Care Centel- Project) enterProject) both being issued to finance the acquisition of land, site improvements and construction of facilities containing 108 skilled nursing beds 8:30 p.m. VIII. Ad'ournment Page 2 of 84 Page 3 of 84 CITY of OAK PARK HEIGHTS 14168 Oak Park Boulevard No. • 11.0. Box 2007 • Oak Park Heights, MN 55082.2607 • Phone: 651/439-4439 • rax: 651/439-0574 November 15, 2007 Burtch and Mindy Clayton 5636 Perkins Ave N. Oak Park Heights, MN 55082 Dear Mr. and Mrs. Clayton: 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, November 15, 2007 to determine if you had your recycling bin out with your regular garbage. Your recycling was out and ready for collection; therefore, you are one of this month's winners. Please contact me at 439-4439 at your convenience to arrange for delivery of the reward of your choice. On behalf of the Oak Park Heights City Council, thank you for participating in the City's recycling program. Congratulations!,-� Jennifer Thoen Administrative Secretary/Deputy Clerk Tree City U.S.A. 1-age4 OT 04 Oak Park Heights Request for Council Action Meeting Date November 2 200 Agenda Item Approve City Council Minutes — November 7,_g ooTime Required o Agenda Placement Consent Originating Department/Requestor Admini Requester's Signature Action Requested Approve Background/Justification (Please indicate any previous action has been taken or if other public bodies have been advised). Page 5 of 84 CITY OF OAK PARK HEIGHTS 7:00 P.M. WEDNESDAY, NOVEMBER 7 CITY COUNCIL MEETING MINUTES 1. Call to Order/Pledge_ ofAllegiance/Approval of Agenda: The meeting was called to order at 7:00 p.m. by Mayor Beaudet. Present: Councilmembers Abrahamson, McComber and Swenson. Staff present. City Administrator Johnson, City Attorney Vierling and City Engineer Postler. Absent: Councilmember Doerr and City Planner Richards. Mayor Beaudet added "Sale of Surplus Property -- Picnic Tables" as New Business Item A. Councilmember McComber, seconded by Councilmember Swenson, moved to approve the Agenda as amended. Carried 4-0. 11. Department/Council. Liaison Reports: A. Planning Commission: Councilmember Abrahamson reported that the next meeting of the Planning Commission will be held on November 8, 2007. He reported that there is one public hearing regarding the WCL Associates, Inc. development proposal and rezoning request. I -Ie reported that there will not be a Comprehensive Planning Committee meeting on that date. B. Parks Commission: Councilmember McComber reported that the next meeting of the Parks Commission is November 19, 2007 at 6:30 p.m. She also reported that there will be a joint worksession with the City Council and Parks Commissioners on November 27, 2007 at 5:30 p.m. regarding the newly acquired property on Osgood Avenue. C. Cable Commission: Councilmember Swenson stated that there was nothing to report. D. Water 'Management Organizations/Middle St. Croix: Mayor Beaudet reported that the Middle St. Croix WMO's next meeting is November 8, 2007 at 7:00 p.m. at the Washington Conservation District Office. E. Other I.,iaison/Staff Reports: Nothing reported. 11.1. Visitors/Public Comment: Page 6 of 84 City Council Meeting Minutes November 7, 2007 Page 2of5 Recycling Award: Administrative Secretary Thoen reported that Richard and Darla Keller of 14140 Upper 541x' Street North were chosen as the recycling award winders. 1V. Consent Atzenda: A. Approve of Bills & Investments B. Approve of City Council Minutes October 23, 2007 Councilmember McComber, seconded by Councilmernber Swenson, moved to approve the Consent Agenda. Roll call vote taken. Carried 4-0. V. Public Hearings: Mayor Beaudet opened the continued public hearing regarding the possibility of issuing bonds to field a rehabilitated or new municipal facility. Randy Engel from Buetow and Associates reviewed the space needs and options that were reached as part of the study completed in early 2007. He provided a presentation including drawings of four options for a rehabilitated or new facility. He noted that cost estimates ranged from 1.5 million for a rehabilitated facility to 6.5 million for a new facility on the same campus as the existing facility. Jeremy Warno of 14843 60`x' Street North carne forward and stated that lie does a lot of walking in the area. I Ie questioned whether sidewalks would be installed around the new facility. Mayor Beaudet stated that there would be sidewalks for sufficient public access to the facility, but that the City is not at that point in the design process. Councilmember Swenson, seconded by Councilmember McComber, moved to close the public hearing. Carried 4-0. VI. Old Business: A. City Hall Facility: Mayor Beaudet stated that the next step would be to approve the Capital Improvement Plan. He stated that the City Council has not chosen a design option at this time, but that approving the Capital Improvement Plan is simply a step toward that direction. Councilmember Swenson, seconded by Councilmember Abrahamson, moved to approve the Resolution regarding the Capital Improvement flan. Mayor Beaudet stated that the public may view the facilities statement at City Hall. Councilmember McComber requested that the facilities statement be placed on the website if possible. Roll call vote taken. Carried 4-0. Page 7 of 84 City Council Meeting Minutes November 7, 2007 Page 3 of 5 Mayor Beaudet stated that the next step in the process would be to direct staff to prepare an appropriate resolution allowing the City to sell bonds up to 7.5 million to fund the possible construction. Mayor Beaudet stated that the Resolution will be drafted to be presented at the next council meeting because the council felt it was important to have all councilmenibers present to vote on the resolution. Councilmernber Swenson, seconded by Mayor Beaudet, moved to authorize staff to draft the necessary paperwork for a 7.5 million bond sale. Carried 4-0. B. CVB and Lodgin 7 Tax: City Administrator Johnson reported that the City of Stillwater adopted a three percent lodging tax proposed by the Chamber of Commerce. He reported that the collection of the tax is done by the municipality, not the state. He stated that the City of Stillwater also adopted an administrative fee of up to five percent for collection of the tax. He stated that if the lodging tax is approved by the City Council, it will need to be done by ordinance. Jennifer Severson of the Chamber of Commerce came forward and stated that the lodging tax provides businesses with promotional ability to bring more people to the area. She requested that a three percent lodging tax be approved commencing January 1, 2008 under a three year operating agreement. Severson stated that the first step in developing the Convention and Visitor's Bureau is to develop a Board of Directors and create Articles of Incorporation and Bylaws. Tiki Oswald of Americlnn came forward and stated that Americlnn does not have a lot of fluids in the budget for marketing. She stated that Americlnn supports the lodging tax because it would provide them the opportunity to supplement their small advertising budget. Chuck Dougherty of 15330 58`x' Street North, Cover Park Manor, came forward and stated that lie supports the proposal of a lodging tax. He stated that if Oak Park Heights does not go along with the lodging tax and CVB, the City would be left behind because the City of Stillwater has approved it. Councilmember Swenson, seconded by Councilmcniber MCComber, moved to direct staff to prepare an ordinance for the CVB tax for the next council meeting. Carried 4-0. C. Highway 36 Frontage Roads: City Administrator Johnson stated that lie received correspondence frons Nick Thompson of MnDOT wherein lie Page 8 of 84 City Council Meeting Minutes November 7, 2007 Page 4 of 5 contends that MnDOT will do the mill and overlay in 2008 of the south frontage road as a precondition to the City considering a maintenance agreement for the road. He also stated the MnDOT will install `No Parking' signs on the north side of the south frontage road as requested by the City Council. City Administrator Johnson stated that staff has not had a discussion with MnDOT about the possibility of the City accepting certain portions of the maintenance agreement. Councilmember MCCornber stated she would Iike staff to continue discussions with MnDOT and the City of Stillwater in an attempt to work things out before the end of the year so that something could be scheduled for spring of 2008 for the south frontage road. Mayor Beaudet stated that lie would be willing to take on snowplowing, but he questioned the liability issues should someone get into an accident because of icy road conditions. City Attorney Vierling stated that the liability is the same as on all municipal streets. I -Ie stated that the City Council should focus on which elements of the proposed maintenance agreement they would be willing to accept and which ones they would not accept. Councilmember McComber stated that she does not want the City to take back the financial responsibility of the frontage roads because the roads are part of the St. Croix River Crossing Project. She stated that she would not have an objection to entering into a joint powers agreement with the City of Stillwater for snowplowing, but she would like the roads to remain in MnDOT ownership. Mayor Beaudet, seconded by Councilmember McComber, moved to offer- to take over snowplowing if MnDOT does a mill and overlay. Carried 3- 1, Councilmember Abrahamson opposed. Councilmember Swenson, seconded by Mayor Beaudet, moved to word the agreement so that the City can opt out of the agreement if the roads are in worse condition that they are currently after MnDOT does a mill and overlay. Carried 3-1, Councilanember Abrahamson opposed. VII. New Business: A. Sale of Sur lus Property — Picnic Tables: City Administrator Johnson reported that the City has several picnic tables stored behind City Hall that have exceeded their useful life from a public standpoint but inay have a secondary life if they are sold to the general public for private use. He Page 9 of 84 City Council Meeting Minutes November 7, 2007 Page 5 of 5 stated that staff recommends the picnic tables be sold "as is" by advertisement for up to $25.00 per table. Mayor Beaudet suggested the tables be sold by envelope auction with bids starting at $25.00. The highest bidder then would be notified by staff once the bidding closes. Councilmember Swenson questioned whether this process would take tip too much of staff time, Mayor Beaudet felt it would not take much staff time to open envelopes and contact the winners. Councilmember McComber disagreed. Mayor Beaudet, seconded by Councilmember Swenson, moved to sell the tables by silent auction with a minimum bid of $25.00 with the close date being three weeks after staff commences the auction. Councilmember Swenson stated that if there are any tables left after the auction close, the remaining tables may go to the highest bidder. Carried 3-1, Councilmember McComber opposed. VIII. Closed Session: A. Iabot Negotiations: City Attorney Vierling stated that at this point in the meeting the council would adiourn to a closed session at the advice of the City Attorney to discuss matters of labor negotiations. He stated that pursuant to Minnesota Statute Section 13.D. the closed session would be tape recorded, and that the recording will be maintained for two years. City Attorney Vierling stated that during the closed session, the council reviewed the proposals exchanged between the AFSCME labor union and the City Council regarding the labor contract. Mayor Beaudet, seconded by Councilmember Swenson, moved to approve the AFSCME labor contract subject to review by the City Attorney. Carried 4-0. VIII. Adjournment: Councilmember McComber, seconded by Councilmember Swenson, moved to adjourn at 8:10 p.m. Carried 4-0. Respectfully submitted, Jennifer Thoen Administrative Secretary/Deputy Clerk Approved as to Content and Form, David Beaudet Mayor Page 10 of 84 This Page Is Leff Intentionally Blank. Page 12 of 84 Page 13 of 84 This Page Is Left Intentionally Blank. Page 14 of 84 WRTUM ANN WHINIMISM _ R RM Md m 777 - A Notice of Public Hearing was published and mailed to all affected license holders informing them of the public hearing to increase fees for off -sale intoxicating liquor licenses and on -sale intoxicating liquor licenses. I recommend increasing the off -sale intoxicating liquor license fee from $1.00 to $240 per year per State Statute. I recommend increasing the on -sale intoxicating liquor license fee from $2,770 to $3,065 per year to reflect the 2 -year Implicit Price Deflator. Page 16 of 84 A i This Page Is Left Intentionally Blank. Page 18 of 84 "M ib law �\\ \� d \ \: � i/ ,\ \ w.\ 2 .7 I RESOLUTION RESOLUTION GIVING PRELIMINARY APPROVAL FOR THE ISSUANCE OF GENERAL OBLIGATION CAPITAL IMPROVEMENT PLAN BONDS IN AN AMOUNT NOT TO EXCEED $7,500,000 FOR PURPOSES STATAED IN THE ADOPTED, 2008-2012 ANTICIPATED FIVE-YEAR CAPITAL IMPROVEMENT PLAN AS ADOPTED ON NOVEMBER 7th, 20070 WHEREAS, the City Council of the City of Oak Park Heights, Minnesota (the "City") proposes to issue general obligation capital improvement plan bonds (the "Bonds") and has adopted the City of Oak Park Heights, Minnesota, 2008-2012 Anticipated Five -Year Capital Improvement Plan (the "Plan") on November 71h 2007; and WHEREAS, the City has caused notice of the public hearing on the intention to issue the Bonds and on the adoption of the Plan to be published pursuant to and in accordance with Minnesota Statutes, Section 475.521; and WHEREAS, a public hearing on the intention to issue the Bonds and on the Plan has been held on this October 23rd' 2007 and continued to November 7h, 2007, following published notice of the public hearing as required by law; and WHEREAS, in approving the Plan, the City Council considered for each project and for the overall Plan: I . The condition of the City's existing infrastructure, including the projected need for repair and replacement; 2. The likely demand for the improvement; 3. The estimated cost of the improvement; 4. The available public resources; 5. The level of overlapping debt in the City; 6. The relative benefits and costs of alternative uses of the funds; 7. Operating costs of the proposed improvements; and 8. Alternatives for providing services more efficiently through shared facilities with other local governmental units; and WHEREAS, the City Council has determined that the issuance of general obligation capital improvement plan bonds in the aggregate principal amount not to exceed $7,500,000 is the best way to finance those portions of Plan eligible under Minnesota Statutes, Section 475.521. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Oak Park Heights, Minnesota, that the City hereby authorizes the issuance of up to $7,500,000 aggregate principal amount of general obligation capital improvement plan bonds and is consistent with the Plan. Passed by the City Council for the City of Oak Park Heights this 27`h day of November, 2007, David Beaudet, Mayor Attest: Eric Johnson, City Administrator Page 20 of 84 ILI T�Fl ... 17, • .= ref& i ■ W This Pam G Left Intentionally Blank Page 24 0 84 ................... . . . . . . . . . . . . . . . . ............. - - - - - - - - - - - - - - - - - . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ............... .......... �77 177 77 7 7 7-4 =7Q7 Im 77 2:3.35 Highway 36 W St. Paul, MN 55113 Tel 651.636-4600 Fax 651-636 1311 ���t�wl�.bonest3 oo.cont 01t onestroo November 19, 2007 Mr. Eric Johnson City of Oak Park Heights 14168 Oak Park Blvd. P.O. Box 2007 Oak Park Heights, MN 55082-2007 Re: Nova Scotia (Novak Avenue North) & Norwich Avenue North Street & Utility Improvements Our File No. 55-05-140 Dear Eric, Enclosed please find three (3) copies of the I V' and Final Request for Payment provided by the Contractor for the Nova Scotia (Novak Avenue North) and Norwich Avenue North Street and Utility Improvements project. The IC -134 Form will be provided by the Contractor as soon as they are received. The contractor, B«rschville Construction, Inc., in accordance with the contract plans and specifications, has satisfactorily completed this work. Therefore, it is recommended that final payment of $15,269.18 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 $704,142.68. The contract was amended to include nine change orders, resulting in a Revised Contract Amount of $864,194.09. The final construction cost is $837,878.14, which is less than the Revised Contract Amount. Change Order Summary: • Change Order No. 1 — This Change Order provided for revision of dates for Substantial Completion. • Change Order No. 2 — This Change Order provided for second revision of dates for Substantial Completion. • Change Order No. 3 —This Change Order provided for compensation to the Contractor for the increase in bituminous costs. Change Order No. 4 -- This Change Order provided for water service and entrances to the proposed Oakgreen Village Development. This Change Order also provides for the construction of an 8' wide bituminous trail on the east side of Novak Avenue. St, Paul St. CIOLld RochBtel Milwaukee chlcigo • Change Order No. 5 -- This Change Order provided for compensation to the Contractor for romobilization costs associated with returning to finish the work remaining on Norwich Avenue North. • Change Order No. 6 -- This Change Order provided for compensation to the Contractor for costs associated with the redesign of utilities due to a buried concrete conduit box. • Change Order No. 7 -__ This Change Order provided for compensation to the Contractor for costs associated with the removal and replacement of Rip Rap by the 21" FES located in the northeast corner of the Lowe's detention pond. • Change Order No. 8 -- This Change Order provided for the removal and replacement of damaged concrete driveway aprons and concrete curb on Nova Scotia and Norwich Avenue North. • Change Order No. 9 --- This Change Order provided for compensation to the Contractor for the removal and replacement of concrete curb and gutter for the Goodwill driveway entrance. We have reviewed the original project costs for each part of this project and compared those costs to the final construction costs as stated below: Page 27 of 84 Revised Final Contract Construction Amount Amount BASE BfD Section A - Novak Ave. N. - Part I -- Sanitary Sewer 541,208.50 $41,457.97 Section A -- Novak Ave. N. - Part 2 - Water Main 105,118.00 111,416.00 Section A - Novak Ave. N. - Part 3 -- Storm Sewer 59,960.00 55,267.90 Section A Novak Ave. N. - Part 4 St. Improvements 410,389.93 403,760.46 Section B - Norwich Ave. N. - Part 1 --- St. Improvements 78,965.75 60,831.92 Alt. No. 1 -- Luminaire Type for Novak Ave. N. (320.00) (320.00) Alt. No. 3 - 60`x' St. N./Norwich Ave. N. Luminaire 8,980.50 9,036.30 Alt. No. 3A - Luminaire Type for Alt. No. 3 (160.00) (160.00) SUBTOTAL - BASE BID $704,142.68 $681,290.55 Change Order No. 3 35,400.00 29,702.72 Change Order No. 4 52,443.25 55,183.15 Change Order No. 5 14,675.40 14,168.96 Change Order No. 6 3,252.50 3,252.50 Change Order No. 7 2,378.26 2,378.26 Change Order No. 8 48,002.00 48,002.00 Change Order No. 9 3,900.00 3,900.00 PROJECT TOTAL AMOUNTS $864,194.09 $837,878.14 Page 27 of 84 As indicated on the previous page in the Project Totals, the Final Construction Amount had a $26,315.95 under run. If you have any questions or require further information please call anc at 651-604-4808. Yours very truly, Bonestroo & Associates Christopher W. Long Page 28 of 84 410 Bonestroo )caner. 0ty of Oak Park Heights 14168 Oak Park 8W, Oak Park Heights, MN 55082 Date: November 15, 2007 :or Period: 9/7/2007 to 11/15/2007 Request No: 10 AND FINAL ontractor. Burschville Construction, Inc, 11440 8th Street NE, P 0 Box 65, Hanover, MN 55341 CONTRACTOR'S REQUEST FOR PAYMENT NOVAK AVENUE NORTH AND NORWICH AVENUE NORTH UTILITY AND STREET IMPROVEMENTS PROJECT BONESTROO FILE NO 000055-05140-0 1 Original Contract Amount $ 704,142.68 2 Change Order - Addition $ 160,051.41 3 Change Order - Deduction $ 0.00 4 Revised Contract Amount $ 864,194.09 5 Value Completed to Date $ 837,878.14 6 Material on Hand $ 0.00 7 Amount Earned $ 837,878.14 8 Less Retainage 0% $ 0,00 9 Subtotal $ 837,878.14 10 Less Amount Paid Previously $ 822,608.96 11 Liquidated damages - $ 0.00 12 AMOUNT DUE THIS REQUEST FOR PAYMENT NO. 10 AND FINAL $ 15,269.18 Recommended for Approval by: BONESTROO �� rr Approved by Contractor: Approved by Owner: SURSCHVILLE CONSTRUCTION, INC. CITY OF OAK PARK HEIGHTS Specified Contract Completion Date: Date: Page 29 of 84 650514ON[U WF h VAL.xls Contract Unit Current Quantity Amount No. Item Unit Quantity Price Quantity to pate to Date SECTION A - NOVAK AVENUE NORTH - PART 1 - SANITARY SEWER: 1 MOBILI2ATION i -S 1 3500.00 1 53,50000 2 TRAFFIC CONTROL LS 1 2 500 00 1 $2,50000 3 CONNECT TO EXISTING SANITARY SEWER 8" PVC PIPE EA 1 50000 1 5500.00 4 CUT 6" SERVICE INTO 8" PVC. EA 1 75000 1 $750.00 5 6" PVC, SCH 40 SERVICE PIPE LF 30 2400 30 $720.00 6 6" PVC SANITARY SEWER, SDR 35, 10'-15' DEEP LF 45 2300 41 $94300 7 8" PVC SANITARY SEWER, SDR 35, 10'-15' DEEP LF 670 2800 730 S20,44000 8 8" PVC SANITARY SEWER, SDR 35, 15'-20' DEEP LF 90 33.00 90 52,970.00 9 4' DIAMETER SANITARY MH, 8' DEEP, INCL R -1642-B CSTG & HDPE ADJ RINGS EA 3 185000 3 $5,55000 10 4' DIAMETER SANITARY MANHOLE OVERDEPTH LF 15 2 11000 1508 $1,658.80 11 CLOSED CIRCUIT TV INSPECTION LF 805 1 50 808 $1,212.00 12 IMPROVED PIPE FOUNDATION LF 400 001 $0.00 13 TEMPORARY ROCK CONSTRUCT€ON ENTRANCE TN 120 1700 4201 $714.17 TOTAL SECTION A - NOVAK AVENUE NORTH - PART 1 - SANITARY SEWER: $41,457 97 SECTION A - NOVAK AVENUE NORTH - PART 2 - WATER MAIN: 14 CONNECT TO EXISTING 12" WATER MAIN EA 2 2500.00 2 $5,00000 15 CONNECT TO EXISTING 8" WATER MAIN EA 2 200000 2 $4,000.00 16 6" DIP WATER MAIN, CLASS 52 LF 86 24.00 12.6 $3,024.00 17 8" DIP WATER MAIN, CLASS 52 LF 140 27 00 160 $4,320.00 18 10" DIP WATER MAIN, CLASS 52 LF 55 3500 60 $2,100.00 19 12" DIP WATER MAIN, CLASS 52 LF 1640 3600 30 1662 $59,832 00 20 6" GATE VALVE AND BOX EA 4 75000 5 53,750.00 21 8" GATE VALVE AILD BOX EA 2 87500 3 $2,62500 22 10" GATE VALVE AND BOX EA 1 1200.00 1 $1,20000 23 12" GATE VALVE AND BOX EA 4 150000 4 $6,00000 24 INSTALL HYDRANT EA 3 200000 4 $9,000.00 25 12" X 12" TEE EA 2 50000 2 51,000 00 26 12° X 10" TEE EA 1 550.00 1 $550.00 27 12" X 8" TEE EA 2 490.00 2 $980.00 28 12" X 6" TEE EA 3 475.00 4 $1,900.00 29 8" X 6" TEE EA 1 300.00 1 $300.00 30 8" X 8" TEE EA 1 325.00 1 $325.00 31 10" 45 DEGREE BEND EA 4 275.00 4 $1,10000 32 12" 11.25 DEGREE BEND EA 3 30000 3 $90000 33 12" 22 5 DEGREE BEND EA 2 31000 2 $62000 34 6" PLUG EA 1 10000 1 $10000 35 8" PLUG EA 3 12500 3 $375 00 36 10" PLUG EA 1 15000 1 S15000 37 6" FITTING RESTRAINT EA 5 2000 22 $44000 38 8" FITTING RESTRAINT EA 10 2500 19 $475 00 39 10" FITTING RESTRAINT EA 10 42 00 5 $21000 40 12" FITTING RESTRAINT EA 30 S2.DG 31 $1,612.00 41 IMPROVED PIPE FOUNDATION LF 400 0.01 S000 42 INSULATION, 2" THICK SY 15 1600 33 $52800 TOTAL SECTION A - NOVAK AVENUE NORTH - PART 2 - WATER MAIN: S111,41600 SECTION A - NOVAK AVENUE NORTH - PART 3 - STORM SEWER: 43 REMOVE 12" RCP STORM SEWER PIPE LF 6 1500 6 S9000 44 REMOVE CATCH BASIN EA 1 30000 1 S30000 45 CONNECT TO EXISTING} CBMH EA 1 35000 1 $350.00 46 12° RCP STORM SEWER, CLASS 5, 0' -10' DEEP LF 430 2600 298 57,74800 47 15" RCP STORM SEWER, CLASS 5, 0' -10' DEEP LF 850 2800 820 522,96000 48 21" RCP STORM SEWER, CLASS 4, 0' -10' DEEP LF 40 34 50 39 $1,345 50 49 21" FLARED END SECTION, INCLUDING TRASH GUARD EA 1 1315 00 1 51,315 00 50 2'X 3' CB WlR3290VB CASTING AND CONCRETE AD] RINGS EA 5 110000 4 54,400 00 51 4' DIA CBMH WIR3290VB CASTING AND CONC AD] RINGS EA 6 185000 6 $11,10000 52 4' DIA STORM SEWER MH, 8' DEEP, INCL R-1642.8 CSTG AND HDPE ADJ RINGS EA 1 1850 00 1 S1,85000 Page 30 of 84 55051 A OREQ 10F INAL_XIS Contract Unit Current Quantity Amount No, Item Unit Quantity Price Quantity to Date to Date 53 4' DIAMETER STRUCTURE OVERDEPTH LF 3.5 110.00 041 S4920 S4 CLASS III RANDOM RIPRAP CY 10 11000 682 $750 20 55 4" PVC DRAIN TILE, SDR 35 LF 100 900 160 $1,440.00 56 SILT FENCE, PERMEABLE LF 100 5 00 314 $1,570.00 57 SEEDING, INCL SEED, FERTILIZER, AND WOOD FIBER BLANKET SY 35 5 00 $000 TOTAL SECTION A - NOVAK AVENUE NORTH - PART 3 - STORM SEWER: $55,267 90 SECTION A - NOVAK AVENUE NORTH - PART 4 • STREET IMPROVEMENTS: 58 REMOVE BITUMINOUS PAVEMENT SY 90 6.25 $0.00 59 REMOVE CONCRETE CURB AND GUTTER LF 125 4 00 169 $676.00 60 SAWING BITUMINOUS PAVEMENT LF 150 2.50 72 $180.00 61 ADJUST FRAME AND RING CASTING EA 1 400.00 1 $400.00 62 ADJUST VALVE BOX EA 1 300.00 1 $300.00 63 EXTEND HYDRANT BARREL LF 2 375.00 1 $375 00 64 VALVE BOX EXTENSION LF 3 50.00 $000 65 SUBGRADE EXCAVATION CY 300 6.25 1534 $9,587 50 66 SUBGRADE PREPARATION SY 9115 045 5734 $2,58030 67 COMMON EXCAVATION - TRAIL OR SIDEWALK CY 390 7.25 1370 $9,932 50 68 AGGREGATE BACKFILL TN 7610 5.05 7571 $38,233 S5 69 AGGREGATE SASE, CLASS 5, 100% CRUSHED TN 4760 1025 4795 $49,148.75 70 AGGREGATE BASE, CLASS 5, 100% CRUSHED , TRAIL OR SIDEWALK TN 670 10.50 666 $6,993,00 71 TYPE MV 3 NON WEARING COURSE MIXTURE (B) TN 810 4400 694.09 $30,53996 72 TYPE MV 3 NON WEARING COURSE MIXTURE (B) TN 1620 44.00 45 1595 54 570,203.76 73 TYPE MV 3 WEARING COURSE MIXTURE (E) TN 840 45.20 749.69 $33,885.99 74 TYPE LV 4 WEARING COURSE MIXTURE (B)- TRAIL TN 185 45.50 158 $7,18900 75 BITUMINOUS PATCHING SY 90 2600 $0.00 76 BITUMINOUS MATERIAL FOR TACK COAT GAL 175 3 10 1100 $3,410.00 77 PREPARATION OF BITUMINOUS BASE FOR WEAR PAVING LS 1 1500.00 1 $1,500.00 78 B618 CONCRETE CURB AND GUTTER LF 3485 900 3421 $30,789.00 79 CONCRETE PEDESTRIAN CURB RAMP SF 1000 800 516.5 54,132 00 80 TRUNCATED DOME PANEL SF 160 42.00 199.6 $8,383.20 81 6" CONCRETE DRIVEWAY PAVEMENT SF 6600 3.80 6142 $23,33960 82 SIGN PANELS, TYPE C, HIGH INTENSITY SF 161.76 25.50 154.83 $3,948 17 83 4" PVC, SCH 40, 2 CONDUITS FOR PRIVATE UTILITY CROSSING LF 440 11 00 $000 84 6" PVC, SCH 40, 1 CONDUIT FOR PRIVATE UTILITY CROSSING LF 220 12 00 S000 85 4" SOLID LINE, WHITE PAINT LF 220 0 21 190 $39 90 86 4" DOUBLE SOLID LINE, YELLOW PAINT LF 420 0 40 237 $94 80 87 12" SOLID STOP LINE (BAR), WHITE PAINT LF 60 2 00 31 $62 00 88 12" SOLID LINE, YELLOW PAINT LF 100 2 00 $0.00 89 4" BROKEN LINE, YELLOW PAINT LF 1625 0 21 461 $9681 90 4" SOLID LINE, YELLOW PAINT LF 2600 0 21 2125 5446.25 91 PAVEMENT MESSAGE, RIGHT TURN ARROW - PAINT EA 2 45 00 1 $45.00 92 PAVEMENT MESSAGE, LEFT TURN ARROW - PAINT EA 17 4500 16 $720.00 93 4" SOLID LINE, WHITE EPDXY LF 220 0 38 253 596.14 94 4" DOUBLE SOLID LINE, YELLOW EPDXY LF 420 0 75 511 5383 25 95 12° SOLID STOP LINE (BAR), WHITE EPDXY LF 60 3 75 28 5105 00 96 12" SOLID LINE, YELLOW EPDXY LF 100 3 75 50.00 97 4" BROKEN LINE, YELLOW EPDXY LF 1625 0 18 443 579.74 98 4" SOLID LINE, YELLOW EPDXY LF 2600 040 2240 S89600 99 PAVEMENT MESSAGE, RIGHT TURN ARROW - EPDXY EA 2 95 00 2 $19000 100 PAVEMENT MESSAGE, LEFT TURN ARROW - EPDXY EA 17 9500 17 51,615 00 101 36" ZEBRA CROSSWALK, WHITE EPDXY LF 50 11.00 81 5891 00 102 PROTECTION OF CATCH BASIN IN STREET EA 8 350 00 11 S3,85000 103 BOULEVARD GRADING HR 16 95.00 32 53,040.00 104 SEEDING, !NCL SEED, FERTILIZER, AND WOOD FIBER BLANKET SY 7600 1 40 8720 $12,20800 105 SODDING, LAWN TYPE WITH 4" OF TOPSOIL SY 2700 3 25 2549 58,284 25 106 LIGHTING UNIT A EACH 2 270000 2 S5,40000 107 LIGHTING BASE EACH 2 660 00 2 $1,32000 108 1 112" PVC CONDUIT, SCH 40 LF 3540 3 60 3487 512,553 20 Page 31 of 84 5505140REQ f 4F 6NAL As No. Item Unit 109 #8 AWG WIRE LF 11C #6 AWG WIRE LF 111 #3 AWG WIRE LF 112 EQUIPMENT PAD EACH 113 LIGHTING SERV€CE CAB€NET EACH 114 NYLON PULL CORD Lf 115 PULL BOX EA AGGREGATE BASE, CLASS 5, 100% CRUSHED TOTAL SECTION A - NOVAK AVENUE. NORTH � PART 4 - STREET IMPROVEMENTS Contract Quantity 20 5405 40 1690 1 740 40 40 1 100 2325 1760 1175 265 280 70 455 1015 2325 4.5 190 680 680 50 2 1270 Unit Current Quantity Amount Price Quantity to pate to pate 1 oa 1 35 1.70 610 00 475000 0.15 675 00 4 25 42 5 2 50 325 00 6 75 045 5 05 1025 44 30 45 30 3.10 1500.00 4 50 9 00 3.80 40000 300.00 25.50 11.00 0.40 0.75 5 00 35000 1 40 ALTERNATE NO. 1 - LUMINARE TYPE FOR NOVAK AVENUE NORTH: 140 DEDUCT FOR LUMINAIRE TYPE 8 ON NOVAK AVE NORTH EA 2 -160 00 TOTAL ALTERNATE NO. 1 - LUMINARE TYPE FOR NOVAK AVENUE NORTH: ALTERNATE NO. 3 - 60TH STREET NORTH AND NORWICH AVENUE NORTH LUMINAIRE: 146 LIGHTING, UNIT EACH 1 2700.00 147 LIGHTING BASE EACH 1 660.00 148 1 112" PVC CONDUIT, SCH 40 LF 740 3.60 149 #6 AWG WIRE LF 2190 1.35 TOTAL ALTERNATE NO. 3 - 60TH STREET NORTH AND NORWICH AVENUE NORTH LUMINAIRE: ALTERNATE NO. 3A - LUMINAIRE TYPE FOR GOTH STREET NORTH AND NORWICH AVENUE NORTH LUMINAIRE: 150 DEDUCT FOR LUMINAIRE TYPE B EA 1 -16000 TOTAL ALTERNATE NO 3A - LUMINAIRE TYPE FOR 60TH STREET NORTH AND NORWICH AVENUE NORTH LUMINAIRE: CHANGE ORDER NO. 3 SECTION B - NORWICH AVENUE NORTH - PART i - STREET IMPROVEMENTS: 116 REMOVE NTUMINOUS PAVEMENT SY 117 REMOVE CONCRETE CURB AND GUTTER LF 118 SAWING BITUMfNOUS PAVEMENT LF 119 CLEAN PLUGGED FES LS 120 SUBGRADE EXCAVATION CY 121 SUBGRADE PREPARATION SY 122 AGGREGATE BACKFILL TN 123 AGGREGATE BASE, CLASS 5, 100% CRUSHED TN 124 TYPE LV 3 NON WEARING COURSE MIXTURE (B) TN 125 TYPE LV 3 WEARING COURSE MIXTURE (B) TN 126 BITUMINOUS MATERIAL FOR TACK COAT GAL 127 PREPARATfON OF BITUMINOUS BASE FOR WEAR PAVING LS 128 SAW AND SEAL TRANSVERSE JOINTS IN BITUMINOUS WEAR COURSE LF 129 B618 CONCRETE CURB AND GUTTER LF 130 6" CONCRETE DRIVEWAY PAVEMENT SF 131 ADJUST FRAME AND RING CASTING EA 132 ADJUST VALVE BOX EA 133 SIGN PANELS, TYPE C, HIGH INTENSITY SF 134 4" PVC, SCH 40, 2 CONDUITS FOR PR€VATE UTILITY CROSSING LF 135 4" DOUBLE SOLID LINE, YELLOW PAINT LF 136 4" DOUBLE SOLID LINE, YELLOW EPDXY LF 137 SILT FENCE, PERMEABLE LF 138 PROTECTION OF CATCH BASIN IN STREET EA 139 SEEDING, INCL SEED, FERTILIZER, AND WOOD FIBER BLANKET SY TOTAL SECTION B - NORWICH AVENUE NORTH - PART 1 - STREET IMPROVEMENTS: Contract Quantity 20 5405 40 1690 1 740 40 40 1 100 2325 1760 1175 265 280 70 455 1015 2325 4.5 190 680 680 50 2 1270 Unit Current Quantity Amount Price Quantity to pate to pate 1 oa 1 35 1.70 610 00 475000 0.15 675 00 4 25 42 5 2 50 325 00 6 75 045 5 05 1025 44 30 45 30 3.10 1500.00 4 50 9 00 3.80 40000 300.00 25.50 11.00 0.40 0.75 5 00 35000 1 40 ALTERNATE NO. 1 - LUMINARE TYPE FOR NOVAK AVENUE NORTH: 140 DEDUCT FOR LUMINAIRE TYPE 8 ON NOVAK AVE NORTH EA 2 -160 00 TOTAL ALTERNATE NO. 1 - LUMINARE TYPE FOR NOVAK AVENUE NORTH: ALTERNATE NO. 3 - 60TH STREET NORTH AND NORWICH AVENUE NORTH LUMINAIRE: 146 LIGHTING, UNIT EACH 1 2700.00 147 LIGHTING BASE EACH 1 660.00 148 1 112" PVC CONDUIT, SCH 40 LF 740 3.60 149 #6 AWG WIRE LF 2190 1.35 TOTAL ALTERNATE NO. 3 - 60TH STREET NORTH AND NORWICH AVENUE NORTH LUMINAIRE: ALTERNATE NO. 3A - LUMINAIRE TYPE FOR GOTH STREET NORTH AND NORWICH AVENUE NORTH LUMINAIRE: 150 DEDUCT FOR LUMINAIRE TYPE B EA 1 -16000 TOTAL ALTERNATE NO 3A - LUMINAIRE TYPE FOR 60TH STREET NORTH AND NORWICH AVENUE NORTH LUMINAIRE: CHANGE ORDER NO. 3 $5,841.00 1289 $11,407.65 1 TYPE MV 3 NON WEARING COURSE MIXTURE (B) TN 810 88S 2 TYPE MV 3 NON WEARING COURSE MIXTURE (B) TN 1620 885 3 TYPE MV 3 WEARING COURSE MIXTURE (E) TN 840 885 4 TYPE LV 4 WEARING COURSE MIXTURE (B) - TRAIL TN 185 88S 5 TYPE MV 3 NON WEARING COURSE MIXTURE (B) TN 265 885 6 TYPE MV 3 WEARING COURSE MIXTURE (13) TN 280 885 TOTAL CHANGE ORDER NO 3: 5505140REQ10FJNAL SEs 20 $2a Qa 5535 $7,472 25 38 $64.60 1 $610.00 1 54,750.00 $ 0 00 4 $2,70000 $403,76046 756 53,213 00 53 5225.25 72 $180.00 $0.00 $0.00 2030 $913.50 1095 $5,529 75 758 $7,769.50 224 55 $9,947 57 275 $12,457 50 60 $186.00 1 $1,500.00 323 $1,453.50 710 $6,39000 2219 $8,432..20 2 5800.00 1 $30000 4 5 $114.75 $000 556 $222 40 546 $409.50 $000 $0.00 562 5 $787.50 $60,83192 2 ($32000) ($32000) 1 52, 700 fl0 1 Ss6a ao 742 $2,671.20 22.26 $3,00510 $9,036.30 1 ($160 00) (516a ao} 660 $5,841.00 1289 $11,407.65 74969 $6,634 76 158 S1,39830 22455 $1,987.27 275 $2,433 75 $29,702 72 Page 32 of 84 No. Item Contract Unit Current Quantity Amount Unit Quantity Price Quantity to pate to Date CHANGE ORDER NO, 4 1 8" DIP SERVICE PIPE, CL 52 M 150 2900 150 54,350.00 2 8" GATE VALVE AND BOX EA 3 925.00 3 $2,77500 3 12" X 8" TEE EA 3 S2000 3 $1,560.00 4 8" PLUG EA 3 135 00 3 $405 00 5 8" FITTING RESTRAINT EA 3 27.00 15 $40500 6 12" FITTING RESTRAINT EA 6 S600 6 5336.00 7 COMMON EXCAVATION - TRAIL OR SIDEWALK CY 390 7 50 1370 $10,275.00 8 AGGREGATE BASE, CLASS 5, 100% CRUSHED - TRAIL OR SfDEWALK TN 670 1620 666 510,789.20 9 TYPE LV 4 WEARING COURSE MIXTURE (B) - TRAIL TN 185 5900 159 $9,38100 10 AGGREGATE BACKFILL TN 175 505 S000 11 AGGREGATE BASE, CLASS 5, 100% CRUSHED TN 120 1025 106 1 $1,087S3 12 TYPE MV 3 NON WEARING COURSE MIXTURE (B) TN 25 52.85 25 $1,321 25 13 TYPE MV 3 NON WEARING COURSE MIXTURE (B) TN 45 52.85 45 $2,37825 14 CONCRETE PEDESTRIAN CURB RAMP SF 756 8.25 436 5 $3,601.13 15 TRUNCATED DOME PANEL SF 144 43 00 151 6 S6,51880 TOTAL CHANGE ORDER NO 4: 555,18315 CHANGE ORDER NO, 5 1 REMOBILI7-ATION LS 1 575000 1 $5,75000 2 REMOVE AND REPLACE CONTAMINATED CLASS 5 BASE LS 1 440000 1 $4,400.00 3 ADDITIONAL COST FOR HIGH EARLY CONCRETE CURB AND GUTTER LF 1015 1.16 710 $82360 4 ADDITIONAL COST FOR HIGH EARLY CONCRETE DRIVEWAY PAVEMENT SF 2325 0.39 2219 5865.41 5 INSULATED BLANKET FOR DRIVEWAY PAVEMENT SF 2325 1 05 2219 S2,32995 TOTAL CHANGE ORDER NO 5: $14,168.96 CHANGE ORDER NO. 6 1 EfELD INVESTIGATION OF SUB -TERRAIN LS 1 725 00 1 $725.00 2 REMOVE AND REPLACE 12" x 6" TEE FOR HYDRANT LEAD REDIRECTING TO THE WEST LS 1 252750 1 $2,52750 TOTAL CHANGE ORDER NO 6: $3,252 50 CHANGE ORDER NO. 7 1 REINSTALLATION OF CLASS 3 RIPRAPAS DESCRIBED ABOVE LS 1 2378.26 1 $2,37826 TOTAL CHANGE ORDER NO. 7: $2,378.26 CHANGE ORDER NO, 8 1 REMOVE AND REPLACE CONCRETE DRIVEWAY APRON SF 2605 10.00 2605 S26,05000 2 REMOVE AND REPLACE CONCRETE CURB LF 686 32.00 686 $21,952 00 TOTAL CHANGE ORDER NO 8'. 548,002 00 CHANGE ORDER NO. 9 1 REMOVE AND REPLACE CURB AND GUTTER FOR THE GOODWILL DRIVEWAY LS 1 3900.00 1 1 53,900.00 TOTAL CHANGE ORDER NO 9: 53,90000 TOTAL SECTION A - NOVAK AVENUE NORTH - PART 1 - SANITARY SEWER: TOTAL SECTION A - NOVAK AVENUE NORTH - PART 2 - WATER MAIN: TOTAL SECT ION A - NOVAK AVENUE NORTH - PART 3 - STORM SEWER: TOTAL SECTION A - NOVAK AVENUE NORTH - PART 4 - STREET IMPROVEMENTS: TOTAL SECTION B - NORWICH AVENUE NORTH - PART 1 - STREET IMPROVEMENTS: TOTAL ALTERNATE NO 1 - WMINARF TYPE FOR NOVAK AVENUE NORTH: TOTAL ALTERNATE N0 3 - 60TI-I STREET NORTH AND NORWICH AVENUE NORTH LUMINAIRE TOTAL ALTERNATE NO 3A - LUMINAIRE TYPE FOR 60TH STREET NORTH AND NORWICH AVENUE NORTH LUMMAIRE: 550514CRE450FINAL. xis $41,457 97 $111,41600 $55,267 90 $403, 760.46 S60,831.92 ($32000) $9,03630 ($16000) Page 33 of 84 Contract unit Current Quantity Amount No. Item Emit Quantity Price Quantity to Date to Date TOTAL CHANGE ORDER IVO. 3: TOTAL CHANGE ORDER NO 4: TOTAL CHANGE ORDER NO 5: TOTAL CHANGE ORDER NO 6: TOTAL CHANCE ORDER NO 7: TOTAL CHANGE ORDER NO 8: TOTAL CHANGE ORDER NO. 9: TOTAL. WORK COMPLETED TO DATE 5506140REQ1OHNAL xis $29,702 72 $55,183 15 S14,16896 53,252 50 $2,378 26 $48,002 00 $3,90000 $837,87814 Page 34 of 84 PROJECT PAYMENT STATUS OWNER CITY OF OAK PARK HEIGHTS BONESTROO FILE NO. 000055-05140-0 CONTRACTOR BURSCHV I -LE CONSTRUCTION, INC. CHANGE ORDERS No. Date Description Amount 1 5/12/2006 This Change Order provides for revision of the dates for Substantial 252,907.58 13,310.93 266,218.51 Completion. This Change Order does not provide for any additional 08/18/2006 09/07/06 119,267.03 compensation to the Contractor for this change. See Change Order. 391,762.75 2 716/2006 This Change Order provides for revision of the Start Date. This Change 69,462.25 23,244.05 464,880.91 Order does not provide for any additional compensation to the 10/06/2006 11/09/06 92,648.68 Contractor for this change. See Change Order, 562,405.83 3 7114/2006 This Change Order provides for compensation to the Contractor for the 81,183.35 32,393.10 647,861.99 increase in bituminous costs. See Change Order. $ 35,400.00 4 7/17/2006 This Change Order provides for additional work for this project. See 662,967.63 7 02/01/2007 Change Order. $ 52,443.25 5 12/13/2006 This Change Order provides for compensation to the Contractor for 06/14/2007 08/09/07 12.9,588.42 additional work on this project. See Change Order. $14,675.40 6 1/31/2007 This Change Order provides for additional work on this project, See 17,599.39 8,309.18 830,918.14 Change Order. $3,252.50 7 1/31/2007 This Change Order provides for additional work on this project. See 837,878.14 Change Order. $2,378.26 8 6/13/2007 This Change Order provides for additional work on this project. See Change Order. $48,002.00 9 9/6/2007This Change Order provides for additions! work on this project. See Change Order. $3,900.00 Total Change Orders $160,051.41 PAYMENT SUMMARY No. From To Payment Retainage Completed 1 07/03/2006 08/17/06 252,907.58 13,310.93 266,218.51 2 08/18/2006 09/07/06 119,267.03 19,588.14 391,762.75 3 09/08/2006 10/05/06 69,462.25 23,244.05 464,880.91 4 10/06/2006 11/09/06 92,648.68 28,120.29 562,405.83 5 11/10/2006 12/21/06 81,183.35 32,393.10 647,861.99 6 12/2212006 01/31/07 14,350.36 33,148.38 662,967.63 7 02/01/2007 06/13/07 45,601.90 35,548.48 710,969.63 8 06/14/2007 08/09/07 12.9,588.42 16,428.77 821,438 34 9 08/10/2007 09106/07 17,599.39 8,309.18 830,918.14 10 AND FINAL 09107/2007 11/15/07 15,269.18 837,878.14 Material on Hand Total Payment to Date $837,878.14 Original Contract $704,142.68 Retainage Pay No 10 AND FINAL Change Orders $160,051.41 Total Amount Earned $837,878.14 Revised Contract $864,194.09 Page 35 of 84 550514 DREQ 1 DFINAL.xks This Page Is Left Intentionally Blank. Page 36 of 84 A J). %OT"71, ----- ------ --------- -- fs ow '71K -Vt A 7, 77 . t � 7, Z� W�77 NORTHWEST ASSOCIATED CONSULTANTS, INC. 4800 Olson Memorial Highway, Suite 202, Golden Valley, MN 55422 Telephone: 763.231.2555 Facsimile: 763.231.2561 planners(u;nacplanning.com PLANNING REPORT TO: Eric Johnson FROM: Scott Richards DATE: October 26, 2007 RE: Oak Park Heights — Brackey Retail Development I Best Buy Planned Unit Development, 60th Street North and Krueger Lane FILE NO: 798.02 — 07.09 BACKGROUND WCL Associates, Inc., representing Robert Brackey, has made application for a planned unit development, concept and general; conditional use permit; subdivision; site plan and design review; and rezoning of the subject property from 0, Open Space District to B-2, General Business District. The subject site, located at the corner of 60th Street North and Krueger Lane, is 14.83 acres. The development consists of a 30,250 square foot Best Buy store that would be considered for concept and general plan approvals as part of the planned unit development. The second phase of the development is a 20,500 square foot building and adjacent parking areas that would only be considered for concept approval at this time. The development can be completely accessed from 60th Street North and Krueger Lane. No new streets are to be constructed. Cross access with the Menards parking lot is also proposed. The subject site is currently zoned O, Open Space. A rezoning to B-2, General Business District has been applied for and the request is consistent with the Comprehensive Plan Land Use Map designation for the property. Attached for reference: Exhibit 1: Existing Conditions (Sheet 2) Exhibit 2: Preliminary Plat (Sheet 3) Exhibit 3: Final Plat — Brackey Fourth Addition Exhibit 4: Civil Site Plan (Sheet 4) Exhibit 5: Grading, Drainage and Erosion Control Plan (Sheet 5) Exhibit 6: Sanitary Sewer and Water Main Construction (Sheet 6) Exhibit 7: Storm Sewer Construction (Sheet 7) Page 38 of 84 Exhibit 8: Landscape Plan (Sheet 9) Exhibit 9: Plan Notes (Sheet CS -2) Exhibit 10: Architectural Site Plan (Sheet AS -1.0) Exhibit 11: Traffic Movements Plan (Sheet AS -1.0) Exhibit 12: PUD Phasing Plan (Sheet AS -1.1) Exhibit 13: Photometric Pian (Sheet AS -1.2) Exhibit 14: Interior Plan — Best Buy (Sheet A -O) Exhibit 15: Exterior Elevations (Sheet A-6.0) Exhibit 16: Exterior Elevations (Sheet A-6.1) Exhibit 17: Building Cross Sections (Sheets A-8, A-8-1) Exhibit 18: Lighting Specifications Exhibit 19: Colored Building Elevations Exhibit 20: Project Narrative, October 1, 2007 Exhibit 21: Traffic Report Exhibit 22: Report of City Engineer Exhibit 23: Report of City Arborist ISSUES ANALYSIS Adjacent Uses. Uses adjacent to the subject site are listed below: North of Site Present Zoning Present Use: South of Site Present Zoning: Present Use: (Nest of Site Present Zoning Present Use: East of Site Present Zoning: Present Use: Stillwater Business Zoning North of Highway 36 601h Street North and Highway 361 Stillwater Business B-2, General Business District Menards O, Open Space District Wetland and Undeveloped Area B-2, General Business District Krueger Lane 1 Kohl's Proposed Project: The proposed development would feature a Best Buy store to be constructed as the first phase of this planned unit development. The 50,750 square foot building would be constructed as two separate, but adjacent buildings. The Best Buy phase would be a 30,250 square foot single tenant space. The second phase would be a 20,500 square foot space that would be constructed as demand for tenant space increases, but according to the developer, not until 2009 or later. Access to the development would be from 601h Street North, Krueger Lane, and through the Menards' parking lot. The driveway from 601h Street will require an access permit to be issued by Mn/DOT. The City will also require pedestrian access into the development from 60th Street and Krueger Lane, which has been shown on the site plan. 2 Page 39 of 84 The parking lot improvements will also be phased with the development. All access points will be established with the first phase, but the building pad and parking for the second phase will remain in grass until development. The planned unit development phasing plan is shown as Exhibit 12 of this report. The Best Buy store would feature retail sales of electronic goods and the services found in similar stores. A car stereo install service is also intended as part of what is offered at this location. The access doors for the stereo install location are found on the north elevation. The Menards' pylon sign currently exists on the property owned by Mr. Brackey. The sign is considered an off-site advertising sign and is prohibited by the Zoning Ordinance. The sign will need to be removed, moved to the Menards property, or provided an actual property connection to the Menards' site. Comprehensive Plan. The Proposed Land Use Map of the Comprehensive Plan designates this area for commercial land uses. The B-2 zoning and the proposed multi - tenant retail and commercial service use is consistent with the Comprehensive Plan designation. Zoning. The property to be subdivided as Block 1, Lots 1 and 2 of Brackey 4th Addition is proposed to be rezoned from O, Open Space to B-2, General Business District. The applicants have applied for a planned unit development concept and general plan improvements in that it will be a multi -tenant, phased project. The preliminary/final plat indicates that the property will be split into two lots. The planned unit development would address cross access and parking utilization in the development. A conditional use permit is required to allow the car stereo install service. Minor auto repair is a listed conditional use in the B-2 District. Subdivision. A preliminary/final plat was submitted as part of this application. The plat would take Outlot A of Brackey 3`1 Addition and create Block 1, Lots 1 and 2 of Brackey 4th Addition for the Best Buy/Brackey Development. A separate Outlot A would be created for the remaining developable area of this property. The lot line between Lots 1 and 2 would separate the two phases of the building. Appropriate drainage and utility easements would be provided as part of the plat, subject to review and approval of the City Engineer. The park dedication for this property was already received by the City as part of the previous Brackey Addition. Street Access. Access for the development would be from Krueger Lane, 60th Street North and the Menards' parking lot. Mn/DOT would require an access permit for the 60th Street access. The Krueger Lane access is aligned with the Kohl's development to the east. The developer will have an access easement with Menards for the connection. Traffic Analysis. The applicant has provided a traffic study for the development as part of the planned unit development review. The City Engineer will provide a review of the traffic study in a separate report. 3 Page 40 of 84 Trails/Sidewalks. The site plan indicates trail connections to the existing trail on 60th Street North and through the parking lot to Krueger Lane. A sidewalk exists on the east side of Krueger Lane. The City will need to consider whether to install a crosswalk on Krueger Lane to connect the sidewalks. As part of the Park and Trail System Plan, the Planning Commission and Parks Commission have discussed the need for additional trails in this area. Both the Planning Commission and Parks Commission have agreed that a trail is needed on the north side of 58th Street, from Krueger Lane to the Oak Park Ponds development. Additionally, they agree that a north/south connection is needed west of Menards and extending north on the west side of the existing wetland to 60th Street. As part of the planned unit development and subdivision approvals, installation of that trail would be required now with construction of the Best Buy phase of the development. The Parks Commission should comment on the sidewalk and trail plans both external to and within the proposed development. Setbacks. The B-2 District requires 40 foot front yard setbacks, 10 foot side yard, and 20 foot rear yard setbacks. The building setbacks are met with the proposed buildings of both phases. All other setbacks, including parking setbacks, are met in the plans. Parking. According to Section 401.151 of the Zoning Ordinance, shopping centers shall provide six parking spaces for each 1,000 square feet of gross floor area. The plans indicate a total of 296 parking spaces on site, 172 spaces to be provided for Phase 1 and 109 spaces to be provided in Phase 2. The parking requirements for this development is as follows: Phase 1, Best Buy: 30,250 X.9 = 27,225 166 = 164 parking spaces Phase 2, Commercial Space: 20,500 X .9 = 18,450 - 166 = 111 parking spaces 275 parking spaces The plans indicate the following stalls being provided: Phase 1, Best Buy Parking Stalls Provided 182 parking spaces Proof of Parking 5 parking space Total Phase 1 172 parking spaces (of which 6 are accessible) Phase 2, Commercial Development Parking Stalls Provided 109 parking spaces (of which 5 are accessible) Total Site Parking 296 parking spaces For Phase 1 of development, there are five parking stalls indicated on the northwest side of the building that will be designated as proof of parking. If the stalls are required in the future, the landscaped area would be removed. The second phase indicates 11 4 Page 41 of 84 stalls along the entrance drive from Krueger Lane. These stalls are not required to meet the City parking standards and should be removed from the pians. All of the parking stalls and drive aisles are designed to comply with Zoning Ordinance standards. The proof of parking would be allowed, but could be ordered by the City if a problem occurs with parking. Loading Areas. The site pian indicates that the loading docks for both buildings are on the west side of both the Phase 1 and 2 building sections. The docks are totally enclosed on three sides by the building and wails. The site plan has also indicated the turning radius and truck movements for the delivery trucks. Within the loading dock area for Best Buy, an enclosure for the trash compactor is indicated on the plans. With this enclosure, the compactor will be completely screened. The applicant shall provide specifics on noise emissions from the compactor for Planning Commission review. Screening. The rear of the Best Buy and other commercial space backs up to a large wetland and developable commercial property to the west. All of the loading dock areas and trash compactor will be screened from the properties directly to the west. The openings to the loading dock areas could be seen from the south and southwest. The landscape plan addresses those issues with plantings and transplanted White Spruce from the site. The Planning Commission should comment on the proposed screening. The building will include heating, air conditioning and mechanical equipment on the roof structure. The applicant shall provide cross section diagrams indicating that the equipment will not be visible from Highway 36 and Krueger Lane. Landscape Plan. A landscape plan has been provided by the applicant. It includes landscaping around the perimeter of the entire site and the internal site of Phase 1. Additional landscaping would be added as part of a Phase 2 approval process. The City Arborist has reviewed the plans and submitted comments in a review as attached. The landscape plan is subject to review and approval of the City Arborist. Grading, drainage and Utility Plans. Grading, drainage and utility plans have been submitted. The City Engineer has commented on these plans as found in the enclosed attachments. All grading, drainage and utility plans shall be subject to review and approval of the City Engineer. Trash Enclosure. The trash will be stored internally to the building and handled through the trash compactor area. There will be no exterior storage of materials or dumpsters allowed in the rear of the building. Lighting. The Zoning Ordinance requires lighting levels to be held at one foot candle meter reading as measured from the centerline of a street, or at 0.4 foot candles as measured at a property line of an adjacent property. There are areas adjacent to the Menards property that exceed the allowable photometric allowances. The lighting plan should be adjusted to be compliant. 5 Page 42 of 84 Parking lot lighting throughout the development will be a standard shoe box fixture. All building light fixtures are also designed to be full cut off. All light fixtures will need to comply with the Zoning Ordinance. Building Height. The B-2 District specifies a maximum building height of 35 feet. To the highest point, the parapet of the Best Buy facade is 37 feet, four inches. The ordinance does allow parapet structures to a maximum height of 38 feet. The walls of most of the structure are at approximately 28 feet. The building complies with the Zoning Ordinance. Architectural Appearance/Design Guidelines. The proposed development is subject to the City's Design Guidelines that apply to all new commercial development in the City. The proposed buildings feature a variety of masonry types with both vertical and horizontal to break up the expanse of the facades. The building contains fagade and roof articulation and variation in color and material to create a visual interest. The building colors are primary earth tones. The Best Buy building is approximately 90 percent masonry construction and 10 percent glass. The blue EiFS with the yellow sign area is approximately 20 percent of the Best Buy facade but less than 5 percent of the building total. The Design Guidelines specify that less than 5 percent of the building total shall be a primary or vivid color. The approvals will be conditioned such that no other primary or vivid colors be used on the Phase 2 development. The Phase 2 development design would be reviewed with the general plan of development for that phase. A building materials sample board will be required for Planning Commission review and City Council approvals. The building will meet the standards of the Design Guidelines but Planning Commission review and City Council approval is required. Signage. The signage requirements for structures in the B-2 District specify a requirement of 100 square feet of signage or 15 percent of the building fagade up to 300 square feet. Each of the tenants in the building would be allowed two wall signs with a third at rear entrances for delivery doors. Exceeding the allowable area of signage is done by conditional use permit. Increasing the number of allowable signs is by variance. Three walls signs and one freestanding sign have been prepared for Best Buy. The proposed signs and requirements are as follows: Two Best Buy "ticket" signs proposed, one on the front (east) fagade and one on the Highway 36 (north) fagade. The two signs total 492 square feet of sign area. The third sign is an informational sign for the car stereo install area. That sign is 18 square feet. 6 Page 43 of 84 Allowable Si n Area Proposed Number of Sign Area Signs Allowed Number of Signs Proposed Wali Signs 300 s care feet 510 s uare feet 3 3 Freestan, Si ns 100 square feet 75 square feet 1 1 Two Best Buy "ticket" signs proposed, one on the front (east) fagade and one on the Highway 36 (north) fagade. The two signs total 492 square feet of sign area. The third sign is an informational sign for the car stereo install area. That sign is 18 square feet. 6 Page 43 of 84 The freestanding sign is 20 feet in height and includes sign area consisting of 75 square feet to advertise Best Buy and a future tenant. The Best Buy sign is proposed at 44 square feet for the freestanding sign. The total Best Buy signage on site is 585 square feet or 285 square feet over what is allowed. A conditional use permit has been requested to address the additional signage. Allowing the additional sign area will have little visual impact due to the minimal percentage of overall fagade area devoted to signage for this project. In support of the request, the proposed signage will have no negative impact on neighboring uses, traffic, or the provision of public services. The applicant will need to provide information on how the signs will be fit. Logos and text portions of signs are allowed to be lit. The "tag" Best Buy logo would be allowed to be lit. Only the text portion of the car stereo install sign could be lit. Menard Sign. In May of 1995, the City Council approved a request for a pylon sign for Menards. The City Council approved the sign as follows: "moved to approve a 200 square foot, 30 foot high pylon sign for Menards as a condition of their previously granted conditional use permit, with the further condition that the land the sign was located on be owned by Menards." When constructed in 1995, the sign was placed on an easement area of property owned by Mr. Brackey. It is intended that a flag lot would have been created with a strip of land extending from the Menards property to the location of this sign. This was never completed. The applicant has three options in addressing this sign issue as part of the current development request: 1. Remove the Menards sign. 2. Move the Menards sign to property owned by and physically connected to Menards. 3. Subdivide Brackey 4th Addition to create a parcel of land that extends to the sign and is legally combined with the primary Menards parcel. Car Display. The site plan indicates a Geek Squad display car that will be featured on the sidewalk of the Best Buy store. The vehicle will be an operable car. The City will limit this display to one car or object at a time as part of the planned unit development approvals. Utility Lines. Chapter 1008 of the City Code requires that utility lines as part of a subdivision of land or land development, be installed and maintained underground. The City has required this provision for other developments such as the CSM/Lowes development. The same utility line crossing in front of CSM/Lowes along 60th Street affects the Brackey/Best Buy project. A condition for utility burial will be placed as part of the planned unit development approvals and included in the development contract. Development Contract. The applicant will be required to enter into a development agreement with the City pending approval of the planned unit development. The 7 Page 44 of 84 agreement shall specify the terms of the private and public improvements that will be done as part of the development process. CONCLUSION / RECOMMENDATIONS The proposed project is consistent with the Comprehensive Plan and will be compatible with the proposed rezoning of the property to B-2, General Business District. Based upon the preceding review, our office recommends approval of the following: ® Rezoning from O, Open Space to B-2, General Business District (Lots 1 and 2, Block 1, Brackey 4th Addition) ® Planned Unit Development Concept Plan of Development (Phase 1 and 2) • Planned Unit Development General Plan of Development (Phase 1, Best Buy) ® Conditional Use Permit — minor auto repair (car stereo installation) and signage allowance ® Preliminary/Final Plat • Site Plan and Design Guideline Review With the following conditions: 1. The preliminary/final plat is subject to review and approval of the City Engineer and City Attorney. 2. The City Engineer shall comment on the traffic analysis provided by the applicant. The traffic circulation plan accesses and required improvements shall be subject to review and approval of the City Engineer. 3. 60th Street access shall be approved by the Minnesota Department of Transportation. A copy of the approved access permit shall be provided to the City. 4. The Planning Commission and Park Commission should comment on the private and public trail and sidewalk system for the area. The applicant shall provide a trail on the north side of 581h Street, from Krueger Lane to Oak Park Ponds and a north/south connection west of Menards and extending north on the west side of the wetland to 60th Street. The location and construction of the trail shall be subject to review and approval of the City Engineer. 5. The Planning Commission shall comment on the landscaping and screening from the loading dock areas. 6. There shall be no outdoor storage of trash, recycling, or delivery trucks and containers. 7. The Planning Commission and City Council finds the proposed building layout and setbacks to be adequate and approves the general site plan as proposed. 8 Page 45 of 84 Only Phase 1, the Best Buy store, is approved as a planned unit development general plan. 8. The City Engineer recommendations for roadway, traffic, and access and utility improvements, as outlined in the October 24, 2007 leiter, shall be implemented by the applicant. 9. The grading, drainage and erosion control plan are subject to review and approval by the City Engineer and the applicable Watershed District. 10. The submitted utility plan is subject to review and approval by the City Engineer. 11. The landscape plan shall be revised to address the comments of the October 23, 2007 landscape plan review and subject to approval of the City Arborist. 12. The building materials and color samples provided by the applicant are subject to review and approval of the Planning Commission and City Council. 13. The five proof of parking stalls at the northwest corner of the building shall be constructed by the applicant if required by the City Engineer. 14. The 11 parking stalls on the concept plan for Phase 2 at the access drive to Krueger Lane shall not be permitted and shall be removed from the plan. 15. The applicant shall provide noise specifications for the trash compactor subject to approval of the city. 16. The applicant shall revise the building cross sections to clearly show the screening of the roof mechanical units. The views shall be from Krueger Lane and Highway 36. 17. The front building fagade of the Phase 1 and 2 building shall be limited to a total of five (5) percent vivid or primary colors. 18. The applicant shall select one of the three options for addressing the Menards sign issue: a. Remove the Menards sign. b. Move the Menards sign to property owned by and physically connected to Menards. C. Subdivide Brackey 4#h Addition to create a parcel of land that extends to the sign and is legally combined with the primary Menards parcel. 19. The car display on the Best Buy sidewalk shall be limited to one sign or object at a time. 9 Page 46 of 84 20. The utility lines along 60th Street shall be removed as required by Section 1008 of the City Code and as specified in the development contract. 21. All parking lot lighting shall be full cut off, shoe box style fixtures, with lenses that are fully shielded and that do not exceed 25 feet from ground level to the top of the fixture. 22. All building lighting shall be full cut off, shoe box fixtures with lenses that are fully shielded. There shall be no flood lighting of building facades. 23. A revised light plan with photometrics shall be submitted meeting all Zoning Ordinance light intensity requirements subject to review and approval of City staff. 24. All outdoor lighting for parking lots shall be turned off one hour after store closing, except for security lighting. The applicant shall provide a plan, subject to approval of City staff for lighting shut off. 25. All automobile installation activities shall be limited to within the principal structure and the doors to the service bays shall be kept closed except when vehicles are being moved in or out of service areas. 26. All noise created from operations on the site shall be in conformance with Section 401.15.B.11 of the Zoning Ordinance. 27. All signs shall include illumination of only the text and logo portion of the messages. 28. Signage shall be limited to a total of three wall signs and one freestanding sign not to exceed a total of 585 square feet of sign area. 29. A condition of this approval is that the applicant enter into a development agreement, as prepared by the City Attorney and approved by the City Administrator, containing provisions including, but not limited to, the construction and placement of financial security for site improvements, payment of applicable City connection fees, placement of financial security and requirements for extension and/or construction of City roadways, utilities for the site and related water, sanitary sewer and storm sewer improvements. 10 Page 47 of 84 t 5,v 'k AL Page 50 of 84 O .lb v ! 1. II i s E L N N -Cc, N 2 lU o�Lu a>C6 R -cro ccw r7 qCL � Q O a XN700 O i1E f a Em m 7 _ 3 y C O ti� y Ua.{ u —CU - ofib,t�ro ji O ° CL T E a 2 U N D J :z i 7., _I E c O X.c o 30O o-aNN CNN y X d O O- W ow OX O E d -a CW.0 uy7� NN N C. -0 � m U N'E co N 0= . U UM E M -a Q—co 6 Z Q z --) X a N E � E OCCLL N N A . 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D ca (n Qy -gypa fl.. 67 1) c Q cz U N N N e w C q) 0 NO w s _ � �L sOOc - wttS x C - Q @E�2 C ?Q NU�tv�9wro NCS UQ)7C Si UroLn� uOiO x.N. LII *-th c0 C N�r.�: O -O'E')-0 Na)OQ),N-mu7C UC O CL NRSO�U.0 CO U Y (n E 0—, u) : J Ec m .� .� .� I CO— E O `ij 0 O Page 53 of 84 r z w r z 'IV a> — n Q u � a � s� m � � cv � c � � T � J cn LL 0 N : �'�:C1 N :�-. ..: y -...,..41, 8 v � O C "- O � � (d � C til V N C � V- � p Q N _ � � `m `� � a m� m N � O p7 N � ... CL 71 �'- � � T C �.- � in chi ¢ ° "+ 0 - -.FII II II ,� �i •� I 77 � a } I � � \ } : ) \ ». \$ � : . 0 a I 0 Page 59 of 84 A RECOMMENDING RESOLUTION OF THE PLANNING COMMISSION CITY OF OAK ]PARK HEIGHTS WASHING'T'ON COUNTY, MINNESOTA A RESOLUTION ESTABLISHING FINDINGS OF FACT AND RECOMMENDING TO THE CI'T'Y COUNCIL THAT THE REQUEST BY WCL ASSOCIATES INC., REPRESENTING ROBERT BRACKEY, FOR. A PLANNED UNIT DEVELOPIVMENT, CONCEPT AND GENERAL; CONDITIONAL USE PERMIT; SUBDIVISION; SITE PLAN AND DESIGN REVIEW; AND REZONING OF THE SUBJECT PROPERTY FROM ®, OPEN SPACE DISTRICT TO Bw2, GENERAL BUSINESS DISTRICT TO CONSTRUCT A RETAIL DEVELOPMENT INCLUDING BEST BUY SHOULD BE APPROVED WITH CONDITIONS WHEREAS, the City of Oak Park Heights has received a request from WCL Associates Inc., representing Robert Brackey, for a planned unit development, concept and general; conditional use permit; subdivision; site plan and design review; and rezoning of the subject property from O, Open Space District to B-2, General Business District to construct a retail development including Best Buy; and after having conducted a public hearing relative thereto, the Planning Commission of Oak Park Heights makes the following findings of fact: 1. The real property affected by said application is legally described as follows, to wit: SEE ATTACHMENT A and 2. The applicant has submitted an application and supporting documentation to the Community Development Department consisting of the following items: SEL ATTACHMENT B and 3. The property is designated as commercial in the Land Use Plan of the Comprehensive Plan; and 4. The property is to be zoned B-2, General Business District in which retail development is a permitted use; 5. A planned unit development is required to allow for the development staging and cross access for driveways and parking; and Page 60 of 84 6. A conditional use permit is required to allow the car stereo install service as part of the Best Buy store; 7. City staff prepared a planning report dated October 26, 2007 reviewing the request for the amended conditional use permit; and 8. City staff recommends in the October 26, 2007 planning report that the request be approved with conditions; and 9. The Planning Commission held a public hearing at their November 8, 2007 meeting, took comments from the applicants and public, closed the public hearing, and made the following recommendation: NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING COMMISSION FOR THE CITE' OF OAK PARK. HEIGH'T'S THAT THE PLANNING COMMISSION RECOMMENDS THE FOLLOWING: A. The application submitted by WCL Associates Inc., representing Robert Brackey, for a planned unit development, concept and general; conditional use permit; subdivision; site plan and design review; and rezoning of the subject property from O, Open Space District to B-2, General Business District to construct a retail development including Best Buy and affecting; the real property as follows: 61-0-M,1.11!_I1:143TOi W5. Be and the same as hereby recommended to the City Council of the City of Oak Park Heights for approval of the following- * Rezoning from O, Open Space to B-2, General Business District (Lots 1 and 2, Block 1, Brackey 4`h Addition) * Planned Unit Development Concept Plan of Development (Phase 1 and 2) ® Planned Unit Development General Plan of Development (Phase 1, Best Buy) Conditional Use Permit — minor auto repair (car stereo installation) and signage allowance ® Preliminary/Final Plat ® Site Plan and Design Guideline Review And recommended the following conditions: The preliminary/final plat is subject to review and approval of the City Engineer and City Attorney. 2. The City Engineer shall comment on the traffic analysis provided by the applicant. The traffic circulation plan accesses and required improvements shall be subject to review and approval of the City Engineer. 3. 601h Street access shall be approved by the Minnesota Department of Transportation. A copy of the approved access permit shall be provided to the City. 2 Page 61 of 84 4. The Park Commission should comment on the private and public trail and sidewalk system for the area. The Planning Commission recommends that the applicant provide and pay for installation of a north/south connection trail west of Menards and extending north of 58`x' Street on the west side of the wetland to 60`x' Street. The location and construction of the trail shall be subject to review and approval of the City Engineer. The Planning Commission is favorable to the proposed landscaping and screening from the loading dock areas. 6. There shall be no outdoor storage of trash, recycling, or delivery trucks and containers. 7. The Planning Commission finds the proposed building layout and setbacks to be adequate and approves the general site plan as proposed. Only Phase 1, the Best Buy store, is approved as a planned unit development general plan. The City Engineer recommendations for improvements, as outlined in the November applicant. roadway, traffic, and access and utility 6, 2007 letter, shall be implemented by the 9. The grading, drainage and erosion control plan are subject to review and approval by the City Engineer and the applicable Watershed District. 10. The submitted utility plan is subject to review and approval by the City Engineer. 11. The landscape plan shall be revised to address the comments of the October 23, 2007 landscape plan review and subject to approval of the City Arborist. 12. The building materials and color samples provided by the applicant are favorable to the Planning Commission. 13. The five proof of parking stalls at the northwest corner of the building shall be constructed by the applicant if required by the City Engineer. 14. The 11 parking stalls on the concept plan for Phase 2 at the access drive to Krueger Lane shall not be permitted and shall be removed from the plan. The drive aisle to the north adjacent to the Krueger Lane entrance shall not be allowed. 15. The applicant shall provide noise specifications for the trash compactor subject to approval of the city. 16. The applicant shall revise the building cross sections to clearly show the screening of the roof mechanical units. The views shall be from Krueger Lane and Highway 36. 17. The front building fagade of the Phase 1 and 2 building shall be limited to a total of five (5) percent vivid or primary colors. 18. The applicant shall select one of the three options for addressing the Menards sign issue: Page 62 of 84 a. Remove the Menards sign. b. Move the Menards sign to property owned by and physically connected to Menards. c. Subdivide Brackey 4"' Addition to create a parcel of land that extends to the sign and is legally combined with the primary Menards parcel. 19. The car display on the Best Buy sidewalk shall be limited to one vehicle or object at a time. 20. The Planning Commission recommends that the building elevations shall be revised on the south and west elevations such that the red brick color be extended into the vertical columns. The elevation plans shall be revised and subject to City Council approval. 21. The utility lines along 60`x' Street shall be removed as required by Section 1008 of the City Code or as specified in the development contract. 22. All parking lot lighting shall be full cut off, shoe box style fixtures, with lenses that are fully shielded and that do not exceed 25 feet from ground level to the top of the fixture. 23. All building lighting shall be full cut off, shoe box fixtures with lenses that are fully shielded. There shall be no flood lighting of building facades. 24. A revised light plan with photometrics shall be submitted meeting all Zoning Ordinance light intensity requirements subject to review and approval of City staff. 25. All outdoor lighting for parking lots shall be turned off one hour after store closing, except for security lighting. The applicant shall provide a plan, subject to approval of City staff for lighting shut off. 26. All automobile installation activities shall be limited to within the principal structure and the doors to the service bays shall be kept closed except when vehicles are being moved in or out of service areas. 27. All noise created from operations on the site shall be in conformance with Section 401.15.B.11 of the Zoning Ordinance. 28. All signs shall include illumination of only the text and logo portion of the messages. 29. Signage shall be limited to a total of three wall signs and one freestanding sign not to exceed a total of 585 square feet of sign area. 30. A condition of this approval is that the applicant enter into a development agreement, as prepared by the City Attorney and approved by the City Administrator, containing provisions including, but not limited to, the construction and placement of financial security for site improvements, payment of applicable City connection fees, placement of financial security and requirements for extension and/or construction of City roadways, utilities for the site and related water, sanitary sewer and storm sewer improvements. 4 Page 63 of 84 Recommended by the Planning Commission of the City of� Oak Park Heights this 8th clay of November 2007. Warren Wasescha, Vice Chair ATTEST: Eric A. Johnson, City Administrator Page 64 of 84 Attachment A Washington County GEO Code: 05.29.20.22.0015 Legal Description: Outlot A, subject to easements, Brackey 3`d Addition Address: Physical Address Not Yet Assigned Location: SE Corner of 60th St. N. & Krueger Ln. N. Page 65 of 84 ATTACHMENT B Zoning District Amendment, Conditional Use Permit, Site Plan/Design Guidelines Review, Preliminary & Final Plat Approvals, and Planned Unit Development: Concept & General Plans Bob Brackey & Best Buy Multi -Tenant Retail Commercial Development Application Materials • Application Form • Fees • Plan Sets (3 Large Scale Sets/20 11 X17 Sets) • Written Narrative and Graphic Materials Explaining Proposal • Mailing List from Washington County (500' from subject property) • Proof of Ownership or Authorization to Proceed • Property Tax Statement(s)/Legal Description(s) Conference With City Staff Upon Application Submittal: October 17, 2007 Planning Commission Public Hearing & Recommendation: November 8, 2007 Conditional Use Permit - 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 a 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) PUD: Concept/General — Limitation on General Concept Plan Approval: Unless a General Plan of Development covering the area designated as in the General Concept Plan as the first stage of the PUD has been filed within twelve (12) months from the date Council grants General Concept Plan approval, or in any case where the applicant fails to file General Plan of Development Stage and Final Plans and to proceed with development in accordance with the provisions of this Ordinance and of an approved General Concept Plan, the approval may be revoked by Council action. (401.06.C.2.e) Page 66 of 84 RESOLUTION NO. CITY COUNCIL CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA A RESOLUTION ESTABLISHING FINDINGS OF FACT AND RESOLUTION OF THE CITY COUNCIL THAT THE REQUEST BY WCL ASSOCIATES INC., REPRESENTING ROBERT BRACKEY, FOR. A PLANNED UNIT DEVELOPMENT, CONCEPT AND GENERAL; CONDITIONAL USE PERMIT; SUBDIVISION; SITE PLAN AND DESIGN REVIEW; AND REZONING OF THE SUBJECT PROPER"T"Y FROM O, OPEN SPACE DISTRICT TO B-2, GENERAL, BUSINESS DISTRICT TO CONSTRUCT A RETAIL DEVELOPMENT INCLUDING ]BEST BUY BE APPROVED WITH CONDITIONS WHEREAS, the City of Oak Park Heights has received a request from WCL .Associates Inc., representing Robert Brackey, %or a planned unit development, concept and general; conditional use permit; subdivision; site plan and design review; and rezoning of the subject property from O, Open Space District to B-2, General Business District to construct a retail development including Best Buy; and after having conducted a public hearing relative thereto, the Planning Commission of Oak Park Heights recommended that the application be approved with conditions. The City Council of Oak Park Heights makes the following findings of fact and resolution: 1. "The real property affected by said application is legally described as follows, to wit: SEE ATTACHMENT A and 2. The applicant has submitted an application and supporting documentation to the Community Development Department consisting of the following items: SEE ATTACHMENT B and 3. The property is designated as commercial in the Land Use Plan of the Comprehensive Plan; and 4. The property is to be zoned B-2, General Business District in which retail development is a permitted use; 5. A planned unit development is required to allow for the development staging and cross access for driveways and parking; and Page 67 of 84 6. A conditional use permit is required to allow the car stereo install service as part of the Best Buy store; 7. City staff prepared a planning report dated October 26, 2007 reviewing the request for the amended conditional use permit; and 8. City staff recommends in the October 26, 2007 planning report that the request be approved with conditions; and 9. The Planning Commission held a public hearing at their November 8, 2007 meeting, took comments from the applicants and public, closed the public hearing, and recommended that the application be approved with conditions. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL FOR THE CITY OF OAK PARK HEIGHTS THAT THE CITY COUNCIL APPROVES THE FOLLOWING: A. The application submitted by WCL Associates Inc., representing Robert Brackey, for a planned unit development, concept and general; conditional use permit; subdivision; site plan and design review; and rezoning of the subject property from O, Open Space District to B-2, General Business District to construct a retail development including Best Buy and affecting; the real property as follows: SEE ATTACHMENT A Be and the same is hereby conditionally approved by the City Council of the City of Oak Park Heights of the following: • Rezoning from O, Open Space to B-2, General Business District (Lots 1 and 2, Block 1, Brackey Ott' Addition) ® Planned Unit Development Concept Plan of Development (Phase 1 and 2) • Planned Unit Development General Plan of Development (Phase 1, Best Buy) ® Conditional Use Permit — minor auto repair (car stereo installation) and signage allowance ® Preliminary/Final Plat ® Site Plan and Design Guideline Review Subject to the following conditions: The preliminary/final plat is subject to review and approval of the City Engineer and City Attorney. 2. The City Engineer shall comment on the traffic analysis provided by the applicant The traffic circulation plan accesses and required improvements shall be subject to review and approval of the City Engineer. 2 Page 68 of 84 3. 60`x' Street access shall be approved by the Minnesota Department of Transportation. A copy of the approved access permit shall be provided to the City. 4. The Park Commission should comment on the private and public trail and sidewalk system for the area. The applicant shall provide and pay for installation of a north/south connection trail west of Menards and extending north of 58`x' Street on the west side of the wetland to 60`' Street. The location and construction of the trail shall be subject to review and approval of the City Engineer, 5. The Planning Commission and City Council are favorable to the proposed landscaping and screening from the loading dock areas. 6. There shall be no outdoor storage of trash, recycling, or delivery trucks and containers. 7. The Planning Commission and City Council find the proposed building layout and setbacks to be adequate and approves the general site plan as proposed. Only Phase 1, the Best Buy store, is approved as a planned unit development general plan. 8. The City Engineer recommendations for roadway, traffic, and access and utility improvements, as outlined in the November 6, 2007 letter, shall be implemented by the applicant. 9. The grading, drainage and erosion control plan are subject to review and approval by the City Engineer and the applicable Watershed District. 10. The submitted utility plan is subject to review and approval by the City Engineer. 11. The landscape plan shall be revised to address the comments of the October 23, 2007 landscape plan review and subject to approval of the City Arborist. 12. The building materials and color samples provided by the applicant are favorable to the Planning Commission and City Council. 13. The five proof of parking stalls at the northwest corner of the building shall be constructed by the applicant if required by the City Engineer. 14. The 11 parking stalls on the concept plan for Phase 2 at the access drive to Krueger Lane shall not be permitted and shall be removed from the plan. The drive aisle to the north adjacent to the Krueger lane entrance shall not be allowed. 15. The applicant shall provide noise specifications for the trash compactor subject to approval of the city. 16. The applicant shall revise the building cross sections to clearly show the screening of the roof mechanical units. The views shall be from Krueger Lane and Highway 36. 17, The front building facade of the Phase 1 and 2 building shall be limited to a total of five (5) percent vivid or primary colors. 3 Page 69 of 84 18. The applicant shall select and implement one of the three options for addressing the Menards sign issue: a. Remove the Menards sign. b. Move the Menards sign to property owned by and physically connected to Menards. C. Subdivide Brackey 4`r` Addition to create a parcel of land that extends to the sign and is legally combined with the primary Menards parcel. The option selected will be specified within the development agreement and implemented concurrent with its execution. 19. The vehicle for the "Geek Squad" may be permitted on the Best Buy sidewalk but shall be limited to one vehicle at a time. No other displays are permitted unless first approved by the City Planner. 20, The Planning Commission recommends that the building elevations shall be revised on the south and west elevations such that the red brick color be extended into the vertical columns. The elevation plans shall be revised and subject to City Council approval. 21. The utility lines along 60"' Street shall be removed as required by Section 1008 of the City Code and/or as specified in the development contract. 22. All parking lot lighting shall be full cut off, shoe box style fixtures, with lenses that are fully shielded and that do not exceed 25 feet from ground level to the top of the fixture. 23. All building lighting shall be full out off, shoe box fixtures with lenses that are fully shielded. There shall be no flood lighting of building facades. 24. A revised light plan with photometrics shall be submitted meeting all 'Zoning Ordinance light intensity requirements subject to review and approval of City staff. 25. All outdoor lighting for parking lots shall be turned off one hour after store closing, except for security lighting. The applicant shall provide a plan, subject to approval of City staff for lighting shut off. 26. All automobile installation activities shall be limited to within the principal structure and the doors to the service bays shall be kept closed except when vehicles are being moved in or out of service areas. 27. All noise created from operations on the site shall be in conformance with Section 401.15.B.11 of the Zoning Ordinance. 28. All signs shall include illumination of only the text and logo portion of the messages. 29. Signage shall be limited to a total of three wall signs and one freestanding sign not to exceed a total of 585 square feet of sign area. 4 Page 70 of 84 30. A condition of this approval is that the applicant enter into a development agreement, as prepared by the City Attorney and approved by the City Administrator, containing provisions including, but not limited to, the construction and placement of financial security for site improvements, payment of applicable City connection fees, placement of financial security and requirements for extension and/or construction of City roadways, utilities for the site and related water, sanitary sewer and storm sewer improvements. Approved by the City Council of the City of Oak Park Heights this 27th day of November 2007. ATTEST: Eric A. Johnson, City Administrator David Beaudet, Mayor 5 Page 71 of 84 Attachment A Washington County GEO Code: 05.29.20.22.0015 Legal Description: Outlot A, subject to easements, Brackey 3 d Addition Address: Physical Address Not Yet Assigned Location: SE Corner of 60ffi St. N. & Krueger Ln. N. Page 72 of 84 ATTACHMENT B Zoning District Amendment, Conditional Use Permit, Site Plan/Design Guidelines Review, Preliminary & Final Plat Approvals, and Planned Unit Development: Concept & General Plans Bob Brackey & Best Buy Multi -Tenant Retail Commercial Development Application Materials • Application Form • Fees • Plan Sets (3 Large Scale Sets120 11X17 Sets) • Written Narrative and Graphic Materials Explaining Proposal • Mailing List from Washington County (500' from subject property) • Proof of Ownership or Authorization to Proceed • Property Tax Statement(s)/Legal Description(s) Conference With City Staff Upon Application Submittal: October 17, 2007 Planning Commission Public Hearing & Recommendation: November 8, 2007 Conditional Use Permit - 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 a 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) PUD: Concept/General — Limitation on General Concept Plan Approval: Unless a General Plan of Development covering the area designated as in the General Concept Plan as the first stage of the PUD has been filed within twelve (12) months from the date Council grants General Concept Plan approval, or in any case where the applicant fails to file General Plan of Development Stage and Final Plans and to proceed with development in accordance with the provisions of this Ordinance and of an approved General Concept Plan, the approval may be revoked by Council action. (401.06.C.2.e) Page 73 of 84 This Page Is Left Intentionally Blank. Page 74 of 84 SAT I E llvk P, Kl� moo= MR Id 'W il 404� T M 777 It EVJVM�AL UVAE AN v - smtt 93, X7 7�7 F 77 service charge fee of up to .5% of the outstanding amount due by VSSA. If the City selected to charge the full amount of such fees, VSSA would be required to pay a closing fee of $200,000 to issue the bonds and approximately $100,000 in service fees the first year. Alternatively, VSSA has submitted a request that the City reduce the closing fees to .1 % of the total proceeds ($20,000,000 X 0.10% = $20,000) and waive the annual service fees. Staff does not have an objection to the proposed reductions as the intention of the project will be non-profit in nature, the project is consistent with the with the City's Comprehensive plan, the project will provide local living opportunities for area seniors and that the reduction of such fees results in the establishment of a financing package that is economically feasible for VSSA by lowering the cost of the overall financing. Page 77 of 84 16 presbyterian homes & services November 7, 2007 Eric Johnson City of Oak Park Heights 14168 Oak Park Boulevard PO Box 2007 Oak Park Heights, MN 55082 Dear Mr. Johnson: On behalf of VSSA Care Center, LLC, we enclose (i) a Development Application in connection with our request for issuance of the proposed $20 million Tax Exempt Loan Participation Notes, Series 2007A and 2007B and (ii) our check in the amount of $3,000 in payment of the Application Fee. As in the past, we request that the City reduce the percentage fee to $10,000 (.5% of proceeds from the issuance of the Notes). If you have questions or need additional information, please contact me at 651 631-6120. Sincerely, Mark Meyer CFO /enclosure BRIGGS November 16, 2007 VIA E-MAIL 2200 IDS Center 80 South 8th Street Wnneapolis MN 55402-2157 tef 612.977.8400 fax 612.977.8650 Eric Johnson City Administrator City of Oak Park Heights 14168 Oak Park Blvd, Oak Park Heights, MN 55082-2007 Trudy J. Halla 612.977.8513 thalla@,briggs.com Re: City of Oak Park Heights $20,000,000 Tac Exempt Loan Participation Notes (Boutwells Landing Care Center Project), Series 2007A and 2007B (the "Notes") Dear Eric: In December, 2005 the City issued its $10,000,000 Health Care Revenue Note of 2005 (Boutwells Landing Care Center Project) and in December, 2006 the City issued its $10,000,000 Health Care Revenue Note of 2006 (Boutwells Landing Care Center Project) (the "Prior Notes") to finance the construction and equipping of a 108 -bed addition to the existing Boutwells Landing complex located at 5600 Norwich Parkway in the City (the "Project"). Each of the Prior Notes was issued at the end of a calendar year in order to be designated by the City as "bank qualified" for such calendar year in anticipation of commencing construction of the Project in late 2007. The current plan of finance is for the City to issue two separate notes each in the amount of $10,000,000 both of which will be purchased by Piper Jaffray Lending, LLC. The Notes will refinance and restate the Prior Notes. Piper plans to sell participation interests in the Notes to area banks, most of whom were investors in the financing of the other phases of the Boutwells Landing complex. The Notes will be issued under Minnesota Statute §§ 469.152 through .1651 which provide that the City will have no liability for repayment of the Notes and that repayment of the Notes can never be considered a general or moral obligation of the City or give rise to a charge against the general creditor taxing powers of the City. The Notes will be payable solely from amounts paid by the Borrower. I understand that the City and the Borrower are currently negotiating planned unit development and other agreements relating to construction and operation of the Project. Consideration and adoption of the resolution approving issuance of the Notes and the financing plan will in no way obligate the City to reach agreement with the Briggs and Morgan, Professlonat Association Minneapolis I St, Paul I www.briggsxom 2108595V I Member -Lex Mundi, a Global Assoc€anon of independent Law firms Page 79 of 84 BRIGGS AND MORGAN Eric Johnson November 16, 2007 Page 2 Borrower on the development documents and nothing in the financing documents can or will amend any understanding or requirements in the development documents. If you or the council members have any other questions, please feel free to contact me. truly yours, I ` Trudy J. Hal a TJH:kq 21o8S95v1 Page 80 of 84 f t :m1110121111 1 A RESOLUTION PROVIDING FOR THE ISSUANCE AND SALE OF $20,000,000 TAX EXEMPT I.,OAN PARTICIPATION NOTES (BOUTWELLS LANDING CARE CENTER PROJECT), SERIES 2007A AND 2007E BE IT RESOLVED by the City Council of the City of Oak Park Heights (the "City"), as follows: 1. Authority. The City is, by the Constitution and laws of the State of Minnesota, including Minnesota Statutes, Section 469.152 through .1651, as amended (the "Act"), authorized to issue and sell its revenue bonds or other obligations for the purpose of financing or refinancing the cost of acquiring and constructing health care facilities, including skilled nursing facilities, and to enter into agreements necessary or convenient in the exercise of the powers granted by the Act. 2. Description of Project. VSSA Care Center, LLC, a Minnesota limited liability company (the "Company"), has requested that the City assist in financing site improvements and the construction and equipping of an approximately 108 -bed skilled nursing facility (the "Project"). 3. Plan of Financingr. On December 29, 2005 the City issued its $10,000,000 Health Care Revenue Note of 2005 (Boutwells Landing Care Center Project) (the "2005 Note") to partially finance the Project and designated the 2005 Note as a "qualified tax-exempt obligation." $50,000 was disbursed under the 2005 Note. On December 28, 2006, the City issued its $10,000,000 Health Care Revenue Note of 2006 (Boutwells Landing Care Center Project) (the "2006 Note") to partially finance the Project and designated the 2006 Note as a "qualified tax- exempt obligation." $50,000 was disbursed under the 2006 Note. The Company has proposed to this Council that, in order to refinance the amount disbursed under the 2005 Note and the 2006 Note the City issue its $10,000,000 Tax Exempt Loan Participation Note (Boutwells Landing Care Center Project) Series 2007A and its $10,000,000 Tax Exempt Loan Participation Note (Boutwells Landing Care Center Project) Series 2007B (collectively, the "Notes"). The Notes will be purchased by Piper Jaffray Lending, LLC (the "Lender"). The City and the Lender will enter into a Servicing Agreement dated as of December 1, 2007 (the "Servicing Agreement"). The proceeds of the Notes will be loaned to the Company pursuant to a Loan Agreement dated as of December 1, 2007 among the City, the Company and the Lender (the "Loan Agreement") and disbursed pursuant to the Disbursing Agreement dated as of December 1, 2007, among the Company, the Lender and First American Title Insurance Company (the "Disbursing Agreement"). Repayment of the Notes will be secured by collateral provided by the Company including the Combination Mortgage, Security Agreement and Fixture Financing Statement and Assignment of Leases and Rents, dated as of December 1, 2007, from the Company to the Lender (the "Mortgage"), by which the Company grants to the Lender a mortgage lien on and security interest in the Project, as security for the payment of the Notes and assigns to the Lender its interests in all leases and rents with respect to the .mortgaged property, a Guaranty Agreement dated as of December 1, 2007, from Presbyterian Homes and Services to 2148485°] Page 81 of 84 the Lender to secure repayment of the Notes and the Company's obligations under the Loan Agreement, including guaranteeing payment of the costs of constructing the Project and a Pledge Agreement dated as of December 1, 2007 from the Company to the Lender (the "Pledge Agreement"). 4. Documents Presented. Forms of the following documents related to the Notes have been submitted to the City: (a) The Loan Agreement; (b) The Servicing Agreement; (c) The Mortgage (not executed by the City); (d) The Guaranty (not executed by the City); (e) The Disbursing Agreement (not executed by the City); and (f) The Pledge Agreement (not executed by the City). Findings. It is hereby found, determined and declared that: (a) Based on Company representations to the City, the Project constitutes a health care/skilled nursing project authorized by and described in the Act. (b) There is no litigation pending or, to the City's actual knowledge, threatened against the City relating to the Notes, the Loan Agreement or the Servicing Agreement (collectively, the "City Note Documents") or questioning the due organization of the City, or the powers or authority of the City to issue the Notes and undertake the transactions contemplated hereby. (c) 'The execution, delivery and performance of the City's obligations under the City Note Documents do not and will not violate any order of any court or other agency of government of which the City is aware or in which the City is a party, or any indenture, agreement or other instrument to which the City is a party or by which it or any of its property is bound, or be in conflict with, result in a breach of, or constitute (with due notice or lapse of time or both) a default under any such indenture, agreement or other instrument. (d) It is desirable that the Notes be issued by the City upon the terms set forth in the Servicing Agreement under the provisions of which the City's interest in the Loan Agreement will be pledged to the Lender, as security for the payment of principal of, premium, if any, and interest on the Notes. (e) Under the provisions of the Act, and as provided in the City Note Documents, the Notes are not to be payable from nor charged upon any funds other than amounts payable pursuant to the Loan Agreement, amounts realized under the Mortgage, the Pledge Agreement and the Guaranty, acrd moneys in the funds and accounts held by 2108485va Z Page 82 of 84 the Lender which are pledged to the payment thereof, the City is not subject to any liability thereon; no owners of the Notes shall ever have the right to compel the exercise of the taxing power of the City to pay the Notes or the interest thereon, nor to enforce payment thereof against any property of the City; the Notes shall not constitute a general or moral obligation of the City or a charge, lien or encumbrance, legal or equitable, upon any property of the City (other than the interest of the City in the loan repayments to be made by the Company under the Loan Agreement); and the Notes issued shall recite that the Notes, including interest thereon, shall not constitute or give rise to a charge against the general credit or taxing powers of the City. b. Approval and Execution of Documents. The forms of the Notes and the City Note Documents are approved. The City Note Documents are authorized to be executed in the name and on behalf of the City by the Mayor and the City Administrator, at such time, if any, as they may deem appropriate, or executed or attested by other officers of the City, in substantially the form on file, but with all such changes therein, not inconsistent with the Act or other law, as may be approved by the officers executing the same, which approval shall be conclusively evidenced by the execution thereof; and then shall be delivered to the Lender. Modifications to the forms of Guaranty, Mortgage, Disbursing Agreement and fledge Agreement and other collateral security documents may be made at the discretion of the parties thereto. 7. Approval, Execution and Delivery of Note. The City is authorized to issue the Notes, in an aggregate principal amount of not to exceed $20,000,000, in the form and upon the teems set forth in the Servicing Agreement, which terms are for this purpose incorporated in this resolution and made a part hereof; provided, however, that the interest rates on the Notes shall be as set forth in the final form of the Servicing Agreement, to be approved, executed and delivered by the officers of the City authorized to do so by the provisions of this Resolution, which approval shall be conclusively evidenced by such execution and delivery; and provided further that, in no event, shall such rates exceed eight percent (8%) per annum. The Lender has agreed to purchase the Notes at par. The Mayor, City Administrator and other City officers are authorized to execute the Notes as prescribed in the Servicing Agreement at such time, if any, as they may deem appropriate, and to deliver them to the Lender, together with a certified copy of this Resolution and the other documents required by the Servicing Agreement, for authentication, registration and delivery to the Lender. 8. Certificates, etc. The Mayor, City Administrator and other officers of the City are authorized at such time, if any, as they may deem appropriate, to prepare and furnish to bond counsel and the Lender, certified copies of all proceedings and records of the City relating to the Notes, and such other affidavits and certificates as may be required to show the facts appearing; from the books and records in the officers custody and control or as otherwise known to them; and all such certified copies, certificates and affidavits, including any heretofore furnished, shall constitute representations of the City as to the truth of all statements contained therein. 2108485vl -1 Page 83 of 84 Adopted by the City Council of the City of Oak Park Heights, this 27th day of November, 2007. Mayon Attest: City Administrator 2108495vt 4 Page 84 of 84