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HomeMy WebLinkAbout05-22-07 Council PacketCITY OF OAK PARK HEIGHTS TUESDAY, MAY 22, 2007 CITY COUNCIL MEETING AGENDA 7:00 P.M. 7:00 p.m. I. Call to Order/Pled e of Allegiance/Approval of Agenda Fsibnaled times 7.05 p.m. II. Department/Council Liaison, Reports A. Planning Commission B. Parks Commission C. Cable Commission D. Water Management Organizations E. Lower St. Croix River Advisory Committee F. Other Liaison/Staff reports 1. Spring Clean -Up: 'Tonnage Report 7:10 p.m. III. Visitors/Public Comment Recycling Award (1) This is an opportunity for the public to address the Council with questions or concerns on issues not part of the regular agenda. (please limit comments to 3 minutes in length.) 7:10 p.m. IV. Consent A enda (Roll Call Vote) A. Approve Bills & Investments B. Approve City Council Minutes — May 8, 2007 (2) C. Approve City Council Minutes — May 15, 2007 (3) D. Approve Gambling License for Stillwater Eagles Aerie 94 (4) E. Approve'Tower Asphalt, Inc 1" Payment for 2007 Trail & Parking Lot Improvements (5) F. Approve Purchase of Network Server, Computers and Projector (6) G. Authorization to Receive Property (5416 Stagecoach Trail — the former "Bell Property") from the City's Economic Development Authority (7) 7:15 p.m. V. Public Hearings None 7.30 p.m. VI. Old Business A. No Wake Zone Resolution -- St. Croix River (8) B. 2008 Budget Proposals — No Enclosure C. Reschedule of .lune 2011, 2007 City Council Meeting (9) D. City Hall Facilities Needs & Assessment Report — Buetow & Associates (10) E. Water Tower Improvement Project Update — No Enclosure F. Acquisition of Property Adjoining Brekke Park — No Enclosure G. Resolution Supporting an Application to the State — 2008 Capital Appropriation — to Fund Highway 36 South Frontage Road Reconstruction (11) 8:00 p.m. VII. New Business A. Receive Wal-Mart Grant (12) B. Wal-Mart Foundation -Donation (13) C. 700 Mhz Radio System ---- Authorization to Make Purchase (14) D. Little Victories Daycare — Conditional Use Permit — 5595 Memorial Ave (15) E. Waste/Recycling Collection Price Adjustments (16) F. Signal Installation and Maintenance Agreement w/Washington County — 62 d Street and Osgood Ave (17) 8:30 p.m. VIII. Adjournment I '' •? Edi � � J �� C Yb � -_� u?d S D May 17, 2007 tluldon Johnson 14523 57`x' St N Oak Park Heights, MN 55082 Dear Auldon: Thank you for participating in the City's recycling program, As an incentive to recycle and to increase lire 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, May 17, 2007 to determine if you had your recycling bin out with your regular garbage. Your recycling was out andready for collection; therefore, you are one of this month's winners. Please contact meat439-.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! c niter Thoe Administi-ative' Secretary/Deputy. Clerk 0 CITY OF OAK PARK HEIGHTS 7:00 P.M. TUESDAY, MAY 8, 2007 CITY COUNCIL MEETING MINUTES I. Call to Order/Pledge of Allegiance/Approval of Agenda: The meeting was called to order at 7:00 p.m. by Mayor Beaudet. Present: Councilmembers Abrahamson, Doerr, McComber and Swenson. Staff present: Administrator Johnson, Police Chief Swanson, City Attorney Vierling and City Engineer Postler. Absent: City Planner Richards. Mayor Beaudet removed "Oakgreen Ave. Trail Extension — South of 56`x' Street" which was item D under Old Business on the Agenda. Mayor Beaudet added "2008 Budget to be Set" as item E render New Business to advise councilmembers that it will be set at the next City Council meeting. Councilmember McComber, seconded by Councilr-nember Doerr, moved to approve the Agenda as amended. Carried 5-0. II. Department/Council Liaison Reports: A. Planning Commission: Councilmember Abrahamson reported that the next meeting will be on Thursday, May 10, 2007. They will meet with the Comprehensive Plan Committee and the regular meeting will begin immediately after at 7:30 p.m. "there is one item up for public hearing: a daycare operation on Memorial Avenue. B. Parks Commission: Councilmember McComber reported that the Parks Commission's next meeting is on May 21, 2007. They will meet at Cover Park at 5:00 p.m. to continue the park walkthroughs. The regular meeting will begin at 6:30 p.m. C. Cable Commission: Councilmember Doerr stated that there is nothing to report. D. Water Management Or anizations: Mayor Beaudet reported that the Middle St. Croix will be meeting on Thursday, May 10, 2007, at 7:00 p.m. at the Washington Conservation District Office. E. Lower St. Croix River Advisory Committee: Mayor Beaudet reported that there is no meeting set for another two weeks. F. Other Liaison/Staff Reports: Councilmember McComber stated there is nothing to report. Mayor Beaudet reported that the Spring Clean-up wait fairly well but that there were a few problems. There were 365 loads brought in, and the total tonnage report has not been received from Veolia. Councilmember Doerr questioned Councilmember McComber on the amount of brush that was brought in. Councilmember McComber reported that there was a lot of brush being brought in. She stated that in the past they had always sent residents with brush to no City Council Meeting Minutes May 8, 2007 Page 2 of 6 Buberls. Councilmember McComber reported that there were a lot of white goods being brought in. She also stated there were a lot of lawnmowers being brought in with fuel still in them. She reminded residents that they must remove the fuel. Mayor Beaudet thanked Mark and Andy from the Public Works Department for their help at the event. He also thanked Councilmember McComber and Pam Patrick for their help at the event. IIL Visitors/Public Comment: Recycling Award: Administrative Secretary Thoen reported that Carla and Mike Boyd of 14200 54`x' St. N. Upper were selected to receive the recycling award. IV. Consent Agenda: A. Approve Bills & Investments B. Approve City Council Minutes -- April 24, 2007 C. Approve City Council Minutes — May 1, 2007 Councilmember Swenson, seconded by Councilmember McComber, moved to approve the Consent Agenda as presented. Roll call vote taken. Carried 5-0. V. Public Hearings: None VI. Old Business: A. 2007 Party in the Park: Councilmember McComber reported that it appears from the Bills and Investments that approximately $2,400 was spent for the 2006 Party in the Park event. Councilmember McComber requested clarification on the menu items. She put together a possible timeline for the entertainment and events. Councilmember McComber also requested clarification on whether city staff will be available to help with the event. Councilmember Abrahamson indicated that it was his understanding that the event is on a Tuesday evening and that staff would be available to help. Mayor Beaudet suggested that food and raffle be completed by 7:00 p.m. eliminating the need for a lot of help from city staff after 7:00 p.m. The music could continue until 9:00 p.m. Councilmember McComber questioned whether commissioners were able to assist as they had in the past. Mayor Beaudet stated the commissioners are invited to help. He stated that in the past they have been there to provide information at booths on planning and parks issues. Mayor Beaudet stated lie would assume staff and commissioners would assist as in the past. Councilmember McComber stated that there is a karaoke machine available for use as a PA system. City Administrator FN City Council Meeting Minutes May 8, 2007 Page 3 of 6 Johnson stated that it was his understanding that the event will be processed as a typical Party in the Park, but it will be extended until 9:00 p.m. rather than ending; at 7:00 p.m. Councilmember Abrahamson reported that at Lumberjack days, BMX bikers and skateboarders come in and provide entertainn-ient for the teens. Councilme nber Abrahamson and Mayor Beaudet stated they are not in favor of having a teen band for the event. Councilmernber McComber stated that all ideas should be directed to Administrative Secretary Thoen. B. Autumn Hills Park Shelter Update: City Administrator Johnson reported that Bossard Construction has been on the site. Building Official Butler has been out to the site a couple of tines. City Administrator Johnson reported that the locks have been switched out and the grading is completed. The anticipated finish date for the project is June 15, 2007. City Attorney Vierling reported that the bond performance agent has placed Bossard Construction on the site. The previous contractor was removed. They believe the project will be completed by June 15, 2007. Councilnlember Abrahamson asked if they should be considering a ribbon cutting ceremony. City Administrator Johnson stated he spoke with Mayor Beaudet about getting plaques made. They discussed a dedication and inviting the public to a ceremony. City Administrator Johnson reported that they have had people show interest in renting the shelter, but they have been put on hold because the finish date is speculation at this time. C. Resolution Supporting the Assessment of Cellular & Radio Equipment: Mayor Beaudet reported that the county has not been assessing the property and giving it a value like it should. Councilinember Swenson, seconded by Councilmember Doerr, moved to approve the Resolution with a minor change in paragraph 3 of the Resolution. Roll call vote taken. Carried 5-0. D. 2008 State Bonding Bill -- STH 36 Frontage Roads: Councilnember McComber requested that the city submit a request to the Department of Finance for the 2008 local governments' bonding projects for frontage road improvements before the deadline of June 25, 2007. Councilnlember McComber, seconded by Councilmember Doerr, moved to approve the request. Carried 5-0. E. Resolution to Support of the Establishment of a `NO -WAKE:' zone on St. Croix River abutting Sunnyside Marina and Wastewater Treatment Facilit : City Administrator Johnson reported that he spoke with Kip Eleverum of the Minnesota DNR regarding jurisdiction and procedure. The Minnesota DNR stated that since it involves interstate waters, both the Minnesota and Wisconsin DNRs are involved in the process and there would be public hearings. Both DNRs would have to adopt the rule for it to be effective. Enforcement is carried through by the Washington County Sheriff's Department and the DNR. Because of that, Minnesota DNR stated that the county would have to be involved in the process. The City has no jurisdiction or responsibility to enforce the regulation. Mayor Beaudet added that the Marina Association meets this Saturday and will City Council Meeting Minutes May 8, 2007 Page 4 of 6 provide a letter. He suggested that the resolution be passed. Councilmember Swenson stated he has received a large amount of public response. He stated he would have difficulty supporting a no wake zone on the whole river. Mayor Beaudet stated that, if passed, this would simply be a recommendation. Councilmernber Doerr stated that concentrating the boaters to a smaller area creates a dangerous situation. Mayor Beaudet moved to approve the Resolution. Motion railed per lack of a second. Councilmember McComber suggested reviewing the letter from Sunnyside Marina before approving the resolution. Mayor Beaudet, seconded by Councilmember McComber, moved to postpone this matter to the next City Council meeting. Carried 5-0. V111. New Business. A. Summer Park Attendants: City Administrator Johnson reported that Mike Hoffman and Calvin Cloutier have been recommended for the Park Attendant positions. Mike Hoffinan did commendable work as a rink attendant in the past so it is recommended lie be hired at $9.50 per hour. Calvin Cloutier has limited direct experience so it is recommended he be hired at $8.50 per hour. The appointment would be subject to a background history check. City Administrator Johnson reported that it is also requested that Public Works be authorized to select a third candidate under the same conditions if either of them cannot fulfill their duties or do not accept the position. Councilmember Doerr, seconded by Councilmember McComber, moved to approve the hiring of the Park Attendants. Carried 5-0. B. Alcohol Compliance Check Failure Set Hearing to Show Cause: Police Chief Swanson reported that an officer conducted compliance checks on April 24, 2007, The Pizza Hut of 14563 N. 60`x' St. failed the compliance check. The officer had two 19 year old volunteers enter the facility, and after their identifications were checked, they were each served a bottle of beer. Police Chief Swanson recommended that Pizza Hut be sanctioned with a first offense violation. He stated that it has been over two years since the last violation so they missed it being a second offense by three days. He requested that administration send the license holder a letter inviting them to attend a Hearing to Show Cause if they chose. If not, they are requesting a civil sanction of $500.00 be imposed. I -Ie requested the hearing be set on .lune 26, 2007. Councilmember McComber, seconded by Councilmember Swenson, moved to set the Hearing to Show Cause on June 26, 2007. Carried 5-0. Councilmember Doerr questions whether the Resolution needed to be reviewed. Police Chief Swanson reported that the resolution does provide for repeat offenders, but that there is a two-year threshold. He stated that this is Pizza Hut's City Council Meeting Minutes May 8, 2007 Page 5 of 6 fourth violation in 10 years. He stated that the Police Department does compliance checks twice per year, so Pizza Hut is not failing each time. Councilmember Abrahamson questioned whether there are any sanctions for the employees who served the underaged individuals. Police Chief Swenson stated that the employees are charged criminally. Councilmember Abrahamson questioned City Attorney Vierling on the penalty for the criminal charges. City Attorney Vierling stated that lie would have to look into it, but that it is typically a fine up to $1,000 and/or up to three years imprisonment. C. MNDOT -- Scenic Overlook — Site Conditions: Mayor Beaudet reported that it had been three weeks before the trash was picked up and the grass has not yet been mowed at the Scenic Overlook site. He stated that MNDOT does not usually mow until the Thursday or friday before Memorial Day. lie suggested staff send a letter to MNDOT requesting them to comply with city ordinances. Mayor Beaudet, seconded by Councilme3nber Abrahamson, moved to have staff send a letter with copies of photographs taken of the site. Councilmember Doerr requested that the Village Area, where homes were removed, be looked into also. Carried 5-0. Councilmernber Abrahamson questioned whether the city can clean up the site and send a bill to MNDOT like they do with residents sometimes. City Attorney Vierling stated that this a property that does not generate a property tax bill so they cannot be sent a bill for reimbursement. D. Fencing— Baytown Substation — Xecl Encs: Mayor Beaudet reported that all three sides of the Baytown Substation will be developed, and Xcel agreed that once that occurred, they would comply with the ordinance. He requested that Xcel Energy comply with the city ordinance. City Administrator Johnson stated that staff is not asking that they remove the substation, but rather they replace their fence and clean the site up. He reported that Xcel Energy has agreed to comply. City Administrator Johnson stated that the fence and landscaping plans must be approved by the Arborist and the City Planner. He stated that City Planner Richards requests that the posts be on the inside of the fence — not the outside. Councilmexnber Swenson asked for clarification that this is the Baytown Substation — not Bayport. Councilmember Doerr, seconded by Councilnlember MCCornber, moved to approve the general fencing plan and require additional landscaping items along the outside perimeter of the fence with the provisions that the final design shall be subject to the review and approval of the City Planner and Arborist and the fence posts must be on the inside of the fence. Carried 5-0. E. 2008 Budget to be Set: Mayor Beaudet reported that the 2008 budget is to be set. It is anticipated that this will be set at the next City Council meeting. He stated 'n City Council Meeting Minutes May 8, 2007 Page 6of6 that this is under the presumption that the legislature will be done. Mayor Beaudet reported that all contracts expire at the end of this year so those will need to be negotiated with the budget in mind. Councilmember Doerr questioned whether the city is going to stripe Oakgreen for a pedestrian walkway between the trails. City Administrator Johnson responded that it should be striped when the trail is complete. Councilmember McComber questioned whether the curb on the Southside of 58"' Street will be handicap accessible. City Administrator Johnson responded that it should be done within the next 30 days. Councilmember Abraharnson stated he would like to remind staff that the brush needs to be cut back around the trail signs. Councilmember Swenson inquired about the .pump being quieted during meetings. City Administrator Johnson stated that he spoke with the mayor and the only way to ,possibly do that is to have an override switch put in the room. He stated will check into getting an estimate for that. VIII. Adiournment. Councilmember Swenson, seconded by Councilmember McComber, moved to adjourn at 7:43 p.m. Respectfully submitted, Jennifer Thoen Administrative Secretary Approved as to Content and Form, David Beaudet Mayor This Page Is Left Intentionally Blank. u \ � �)/•gid®.©, ^ CITY OF OAK PARK HEIGHTS 5:00 P.M. TUESDAY, MAY 15, 2007 CITY COUNCIL MEETING MINUTES I. Call to Order; The meeting was called to order at 5:00 p.m. by Mayor Beaudet. Present: Councilmembers Abrahamson, McCornber and Swenson. Absent: Councilmember Doerr. Staff present: Administrator Johnson and City Attorney Vierling. II. Closed Session — Meeting with City Attorney regarding the negotiation of property a uisition: City Administrator Johnson announced that at this point in the meeting, they would recess to a closed session. Councilmember Swenson, seconded by Councilmember Abrahamson, moved to adjourn to closed session at 5:02 p.m. Carried 4 — 0. III.. Action on Property Acquisition: Mayor Beaudet reconvened the open session at 5:45 p.m. City Attorney Vierling proposed a motion to direct and authorize the City Attorney and the City Administrator to negotiate with the owner of the property that is listed for sale in the vicinity of Brekke Park. Councilmember Swenson, seconded by Councilmember McComber, moved to approve the proposed motion. Carried 4 — 0. City Attorney Vierling proposed a notion to recess this meeting until friday, May 18, 2007 at 10:00 a.m. Councilmember Swenson, seconded by Councilmember McComber, moved to approve the proposed motion. Carried 4 --- 0. 1V. Adjournment. Mayor Beaudet adjourned meeting at 5:49 p.m. Respectfully submitted, Jennifer Thoen Administrative Secretary Approved as to Content and Form, David Beaudet Mayor 14 �:,aIk a � ��i � , .LOfth0u!,(, Bakery Products, Inca 7350 O iximercc Lane' znncaj°liclis9 MST 55432^-3189 1-800-2(16-2782 763-574-:22122 FAX 76%-:574-2210 "rrvx-f FAX TRANSMITTAL COVER SHEET a COMPANY: FAX NUMBER /ak7l-41� Number of lavas-, NOTES:.,. U '� ���/ � � � IJ r t-eJ✓r'iiA 1� Minnesota Lawful Gambling L n�ling (1;��;2p0R) Lawful Gambling License Renewal Applic l -Jon aM�o ol Corrections should be made directly on this application Submit one check for all renewal fees, payable to State of Minnesota Organization requirements: Current license term: ^9/1/2005 to $/31/2007 1. An annual organizatim license fee of $350 is required. Renewing license term: 9/1/2007 to 8/31/2009 Authorization: Vi91 1�4i CllEck this box If your i lorganization qualrfles for I Organization: Ea'. les Aerie 94 {651)430-204$ i the waiver ofthe $350 1352-3 60th St N, Stillwater, MN 55082 County: Washington organization license fee denned in MN Statute CEO: Michacl L(!slie Teetzel 3 9,15 Subd.,6 9160 1:.Sth St Cir N, Hugo, MN 55038 (651)35].-7358 Treasurer: Philip Ii Mardaus 18360 Manning Tr, Marine on St. Croix, MN 55047 {651)433-227EI Annual Goal for C harltable Contributions 0/0 Gambling Manag+tr Rl.equirements: _. 1. An annual gamhlin,;l manager license fee of $100 is required. Gambling Managor Authorization: GM -00259-002 Current Licenses Term: 9/:1.x;2005 to 8/31/2007 U1 Renewing license term: 91:1./ 2007ta 8/31/2009 Larry Arthur Sandbury 1p The individual listed is not renewing their license:, ive have enclosed a t_G21Z 1534 Wilson Ave, St. Paul, MN 55106 application for the new applicant. Note: The gambling manager d-at;�!s may not be assumed by an (763)574-2222 Bond: # 59649909 individual untl they are li.erised by the Minnesota Company: Western Surety Gambling Control Board. Gambling Manager Affidavit and Consent Statement 1. I have never been : %Meted of a felony or a crime 12. I am not involved directly or indiroc:ly as a bingo hall owner, involving gambling, manufacturer, or distributor. 2. I have never comm rated a violation of law or Board rule 13. I am not the chief executive of aor of this organization. that resulted in the re touition of a license issued by the 14. I am not the treasurer of this organ ration. Board within five year: before the date of the license 15. I was not an officer of an organization at a time when an application, offense occurred which caused that o"ginization's license to be 3. 1 have never been t onvicted of a criminal violation revoked. involving fraud, theft, tax iwasion, misrepresentation, or Background Check. By signature o'` this document, the gambling. undersigned authorizes the Departments of Public Safety and 4. I have never been (onvicted of (i) assault, (ii) a criminal Revenue to conduct a criminal and ta:; liackground check or review violation Involving the use of a firearm, or (iii) making and to share the results with the Gambling Control Board. Further, terroristic threats. I understand, agree, and hereby Irrev..)casbly consent that suits and 5. I have never been, :sr am I now, connected with or actions relating to the subject matter of this gambling manager engaged in an Illegal business. license application, or acts or omissions arising from such 6.1 have never had a .-ales and use tax permit revoked by application, may be commenced agairsi' me or my organization and the commissioner of roferiue within the past two years. I will accept the service of process in ary court of competent 7. 1 have never, after fiem;rcl, failed to file tax returns jurisdiction in Minnesota by service on tl•ie Minnesota Secretary of required by the comm**sic-:ter of revenue. State of any summons, process, or ploading authorized by the laws B. I do not owe $500 or more in delinquent taxes as defined of Minnesota. in section 270.72. Failure to provide required information or. providing false or 9. I have been an acti'ote member of the organization for at misleading Information may result in tIE! denial or revocation of the least two years at the :Imes of our organizatlon's initial license license. Changes in the information submitted Ir this application will be application, or have bo:sn .:in active member for at least the submitted in writing no later than 10 clans after the change has most recent six month:. prior to the effective date of our taken r 1 t'' 1' 1N 1 effect. gan za ion s I.%-. r :.ne a . 10. 1 am not a gamblir g manager or an assistant gambling manager for another organization. il. I am not a lessor, i., m,;!mber of the lessor's immediate family or a person residing in the same household as the lessor, or an employee of :I lessor of a premises where this organization has a permit issued from the Board to conduct lawful gambling. I have read t I5 appiica ' a dac.lare that all information S ' rue, aC r d cDnil Slgnatur , in ink, of gamb'irg man er applicant Bate:7 �...._1112)�7 tl License Number: 2x;9 License Expirations 8/:31/2007 Chief Executive Officer's Acknowledgement and Onth I declare that: I have read this applical: on and all information submitted to the Board. All information is true, accuraate and complete. All other required In `orrnation has been fully disclosed. I am the chief executive officer of the orgarii2,ation. I assume full respor::ibility for the fair and lawful operation of all gambling activities to be conducteJ, I will familiarize myself with the laws of Minnesota governing lawful gambling and rules of the Board and agree, if licensed, t;a abide by those laws and rules, Including amendments to them. I certify that the gar iblIng manager Is bonded and licensed as required per Minnes, fta Statutes,I have read this applicatia+: and decEare that ail I understand that fa lure to provide required information or providing false or misleading in- orrnation may result in denial or revocation of the license. A termination plan will tae submitted to the Board within 30 days of termination of our g;; mbl ing operation. Information submitted Is tree, accurate, and comp6ete. � �, Signature, In ink, of chief exe utive officer Date: 1v _ ,.J L .......................................................................................... Mail complete ry.nie+gyral application (all pages), and one check mad( payable to the State of Minnesota for all renewal fees bY: 7/2/2007 to: .Gambling Control Beard ; 1711 W Co Rd 8 #300 S Roseville, MN 5511:3 Licensing Contact; Deb Lewis Email: deb.lewis@gcb.state.mn,us Phone: (651)639-4077 Fax #n (659.) 639-4032 The information reque: tk:d ; n this form (and any attachments) will be used by the Gambling Control Board (Board) to determine your qualifications to be Inw Ived in lawful gambling activities in Minnesota, and to assist the Board In conducting a background 4we~stl9atlon of you. You have the right to ro[usoi to supply the information requested; however, if you refuse to supply this informatior, the Board may not be able to determine your qualiflorion; and, as a consequence, may refuse to issue you a Ilcense. If you supply the Inforriatlon requested, the Board will be able t3 process your apps ication. Your name and addres<: will be public information when received by the Board. All the other information that yoI i provide will be private data about you until the Bmid Issues your license. When the Board issues your license, all of the Information that ycu Have provided to the Board in the process of applying for your license will become public except for your Social Security number, which remair•s :rrivate. If the Board does not #ssue you a license, all Information you have provided in the process of applying for a Ilcense remains private, with the exception of your name and address which will *emAn public. Private data about you :Ire ,;val#able only to the following: Board members, Board staff whose work assignment ri quires that they have access to the information; the Minnesota Department of Public Sarety; the Minnesota Attorney General; the Minnesota commissioners of Administration, Finance, and Revenue; l:,)e Minnesota Legislative Auditor, national and International gambling regulatory agencies; anyone pursuant to court order; other individuals rind agencies that are specifically authorized by state or federal law to have access to th-. informaton; Indlvlduafs and agencies for which law :ir Ngal order authorizes a new use or sharing of information after this Notice was given; a -id anyone with your written consent, Is y -7e777 �.FT', . �z. K �< �'fi'``s dt aRr:<r. '` 3 a: t. f '� li ani s- ,.. T,;,7 q -+t �i 7 ""Iq PP a H 5 Memoaf`, rs e To: Mayor and Council From: Judy Holst, Deputy Clerk/Finance Director Date: May 17, 2007 Re: 2007 Trail and Parking Lot Improvements Please accept for the May 22 d Council meeting agenda the attached request for payment to Tower Asphalt Inc. in the amount of $59,185.44 for the 2007 Trail and Parking Lot Improvements project. The payment has been approved by engineering and reviewed by the Finance Department. The project is 66% complete. The Finance Department recommends approval of this payment. Thank You FU A& Ir Bonestroo )wner: City of Oak Park Heights, 14168 Oak Park Blvd., Oak Park Heights, MN 55082 Date: May 17, 2007 or Period: 4/2/2007 to 5/1712007 Re nest No: 1 :ontractor: Tower Asphalt, Inc., 15001 Hudson lid., P, 0, Box 15001, Lakeland, MN 55043 CONTRACTOR'S REQUEST FOR PAYMENT 2007 TRAIL AND PARKING LOT IMPROVEMENTS BONESTROO FILE NO. 000055-07146-0 SUMMARY 1 Original Contract Amount 2 Change Order - Addition 3 Change Order - Deduction 4 Revised Contract Amount 5 Value Completed to Date 6 Material on Hand 7 Amount Earned 8 Less Retainage 5% 9 Subtotal 10 Less Amount Paid Previously 11 Liquidated damages - 12 AMOUNT DUE THIS REQUEST FOR PAYMENT NO Recommended for Approval by: BONESTROO Specified Contract Compfet#on Date: 5507146 -OR EQ 1, As $ 93,705.75 $ 0.00 $ 0.00 $ 93,705.75 $ 62,300.46 $ 0.00 $ 62,300.46 $ 3,115.02 $ 59,185.44 $ 0.00 $ 0.00 1 $ 59,185.44 Approved by Owner: CITY OF OAK PARK HEIGHTS Date: No. Item PART 1 - AUTUMN HILLS PARK TRAILS AND GRADING: 1 MOBILIZATION 2 SITE GRADING 3 SUBGRADE EXCAVATION 4 GRANULAR BORROW 5 AGGREGATE BASE, CLASS 5, 100% CRUSHED - TRAIL 6 TYPE I.V 4 WEARING COURSE MIXTURE (6) - TRAIL 7 SILT FENCE, PERMEABLE 8 SEEDING, INCL SEED, FERTILIZER, MULCH AND DISK ANCHOR TO1AL PART 1 - AUTUMN HILLS PARK TRAILS AND GRADING PART 2 - SWAGER PARK PARKING LOT: 9 SAWING BITUMINOUS PAVEMENT 10 REMOVE BITUMINOUS PATH 1 1 SI1 E GRADING 12 SUBGRADE EXCAVATION 13 GRANULAR BORROW 14 AGGREGATE BASE, .CLASS 5, 100% CRUSHED 15 TYPE LV 3 NON WEARING COURSE MIXTURE (B) 16 TYPE LV 4 WEARING COURSE MIXTURE (8) 17 D412 SURMOUNTABLE CONCRETE CURB AND GUTTER 18 BITUMINOUS MATERIAL FOR TACK COAT 19 24" CONCRETE VALLEY GUTTER 20 4" SOLID LINE, WHITE PAINT 21 PAVEMENT MESSAGE, HANDICAPPED SYMBOL - PAINT 22 SIGN PANELS, TYPE C, HIGH INTENSITY 23 SALVAGE AND REINSTALL SIGN 24 STREET SWEEPER Wild PICK UP BROOM WITH OPERATOR 25 SILT FENCE, PERMEABLE 26 SEEDING, INCL SEED, FERTILIZER, MULCH AND DISK ANCHOR TOTAL PART 2 - SWAGER PARK PARKING LOT: PART 3 - SWAGER PARK TRAIL: 27 MOBILIZATION 28 REMOVE BITUMINOUS CURB 29 SITE GRADING 30 SUBGRADE EXCAVATION 31 GRANULAR BORROW 32 AGGREGATE BASE, CLASS 5, 100% CRUSHED - TRAIL 33 TYPE LV 4 WEARING COURSE MIXTURE (B) - TRAIL 34 CONCRETE PEDESTRIAN CURB RAMP 35 TRUNCATED DOME PANEL 36 4" SOLID LINE, WHITE PAINT 37 SILT FENCE, PERMEABLE 38 SEEDING, INCL SEED, FERTILIZER, MULCH AND DISK ANCHOR TOTAL PART 3 - SWAGER PARK TRAIL. PART 4 - LINEAR PARK TRAIL: 39 MOBILIZATION 40 CLEAR AND GRUB 41 SITE GRADING 42 SUBGRADE EXCAVATION 43 GRANULAR BORROW 44 AGGREGATE BASE, CLASS 5, 100% CRUSHED - TRAIL 45 TYPE LV 4 WEARING COURSE MIXTURE (8) - TRAIL. 46 SILT FENCE, PERMEABLE 47 SEEDING, INCL SEED, FERTILIZER, MULCH AND DISK ANCHOR TOTAL PART 4 - LINEAR PARK TRAIL: 5507146-0RLOI As $4,859.46 LF Contract Unit Current Quantity Amount Unit Quantity Price Quantity to Date to Date LS 1 88500 1 1 $88500 LS 1 70000 1 $700.00 CY 20 950 $000 TN 40 9.50 422 422 $000 TN 95 13.90 87 87 $1,209.30 TN 35 68.00 30.37 30.37 $2,065.16 LF 200 3.65 365 365 $0.00 AC 0.2 4840.00 $0.00 $4,859.46 LF 45 3.00 40 40 $120.00 SY 15 5.00 7 7 $35.00 Ls 1 1200.00 1 1 $1,200.00 CY 60 9.65 $0.00 TN 140 7 50 $0.00 TN 500 13.90 422 422 $5,865.80 TN 85 S965 83.33 83.33 $4,970.63 TN 85 68.00 112 112 $0.00 LF 365 14.85 365 365 $5,420.25 GAL 40 5.00 $000 LF 35 16.00 32 32 $512.00 LF 750 0.25 $0.00 EA 1 25.00 $0.00 SF 2 60.00 1 1 $0.00 EA 2 9500 1 1 $000 HR 5 90.00 1 1 $0.00 LF 150 3.65 93 93 $339.45 AC 0.2 4840.00 468.4 468.4 $0.00 $18,463.13 LS 1 850.00 1 1 $850.00 LF 8 3.00 8 8 $24.00 LS 1 600.00 1 1 $600.00 CY 15 9.50 $0.00 TN 55 9.50 $0.00 TN 65 13.90 60.15 60.15 $836.09 TN 20 68.00 20 20 $1,360.00 SF 102 4.50 112 112 $504.00 SF 48 35.00 48 48 $1,68000 LF 120 0.25 $0.00 . LF 50 5.00 30 30 $150.00 AC 0.2 4840.00 $0.00 $6,004.09 1.5 1 1950.00 1 1 $1,950.00 LS 1 1300.00 1 1 $1,300.00 LS 1 2200.00 1 1 $2,200.00 CY 40 9.50 $000 TN 80 8,50 468.4 468.4 $3,981 40 IN 400 13.90 350 35D $4,86500 TN 115 68.00 115.46 115.46 $7,851.28 LF 100 3.75 $0.00 AC 0.5 4840.00 $0.00 $22,147.68 )4411 TOTAL PART 1 AUTUMN LULLS PARK TRAILS AND GRADING $4,859.46 TOTAL PART 2 SWAGER PARK PARKING LOT: $18,463.13 TOTAL. PART 3 - SWAGER PARK TRAIL S6,00409 TOTAL PART 4 - LINEAR PARK TRAIL $22,147.68 TOTAL PART 5 - OAKGREEN AVENUE N. TRAIL: $9,041.10 TOTAL ALTERNATE NO. 3 - SWAGER PARK PARKING LOT LIGHTING - LIGHTING FIXTURE TYPE 8: $1,785.00 TOTAL WORK COMPLETED TO DATE $62,300.46 5507146.0 ral xis X1 Contract Unit Current Quantity Amount No, Item Unit Quantity Price Quantity to Date to Date PART 5 -OAKGREEN AVENUE N. TRAIL: 48 MOBILIZATION L5 1 1150.00 1 1 $1,150.00 49 CLEAR AND GRUB LS 1 350.00 1 1 $350.00 50 REMOVE EXISTING TREE EA 1 16500 1 1 $16500 51 SITE GRADING LS 1 1800.00 1 1 $1,80000 52 SUBGRADE EXCAVATION CY 20 9.50 $0.00 53 GRANULAR BORROW TN 40 9.50 100 100 $950.00 54 AGGREGATE BASE, CLASS 5, 100% CRUSHED - TRAIL TN 125 13.90 89 89 $1,237.10 55 TYPE LV 4 WEARING COURSE MIXTURE (B) - TRAIL TN 35 68.00 35 35 $2,380.00 56 CONCRETE PEDESTRIAN CURB RAMP SE 34 4.50 32. 32 $144 00 57 TRUNCATED DOME PANEL Sf= 16 35.00 16 16 $560.00 58 SALVAGE AND REINSTALL. SIGN EA 1 125.00 1 1 $125 00 S9 STREET SWEEPER WITH PICK UP BROOM WITH OPERATOR HR 5 90.00 2 2 $18000 60 SEEDING, INCL SEED, FERTILIZER, AND WOOD FIBER BLANKET SY 800 1.65 $0.00 61 BIOROLL LF 30 5.00 $0.00 TOTAL PART 5 - OAKGREE-N AVENUE N. TRAIL: 59,041.10 ALTERNATE N0. 3 - SWAGER PARK PARKING LOT LIGHTING - LIGHTING FIXTURE TYPE B: 95 UGHTING FIXTURE EA 2 3050.00 50.00 96 CONCRETE LIGHT POLE BASE EA 2 630.00 2 2 $1,260.00 97 1 112" PVC CONDUIT LF 175 5.65 $0.00 98 1112 AWG WIRE Lf 360 0.95 $0.00 99 POLE RISER EQUIPMENT EA 1 673.00 $0.00 100 42 AWG WIRE IF 120 2.55 $0.00 101 CONCRETE EQUIPMENT PAD EA 1 525.00 1 1 $525.00 102 LIGHTING SERVICE CABINET EA 1 4595.00 $000 103 HANDHOLE EA 1 47000 $0 00 TOTAL ALTERNATE N0 3 - SWAGER PARK PARKING LOT LIGHTING - LIGHTING FIXTURE TYPE B: $1,785.00 TOTAL PART 1 AUTUMN LULLS PARK TRAILS AND GRADING $4,859.46 TOTAL PART 2 SWAGER PARK PARKING LOT: $18,463.13 TOTAL. PART 3 - SWAGER PARK TRAIL S6,00409 TOTAL PART 4 - LINEAR PARK TRAIL $22,147.68 TOTAL PART 5 - OAKGREEN AVENUE N. TRAIL: $9,041.10 TOTAL ALTERNATE NO. 3 - SWAGER PARK PARKING LOT LIGHTING - LIGHTING FIXTURE TYPE 8: $1,785.00 TOTAL WORK COMPLETED TO DATE $62,300.46 5507146.0 ral xis X1 PROJECT PAYMENT STATUS OWNER CITY OF OAK PARK HEIGHTS BONESTROO FILE NO. 000055-07146-0 CONTRACTOR TOWER ASPHALT, INC. CHANGE ORDERS No. Date Description Amount Total Change Orders PAYMENT SUMMARY No, From To Payment Retainage Completed 1 04/02/2007 1 05/17/07 59,185.44 3,115.02 62, 300.46 Material on Hand Tota! Payment to Date $59,185.44 Ori incl Contract $93,705.75 .Retainage Pay No. 1 3,115.02 Chane Orders Total Amount Earned $62,300.46 Revised Contract $93,705.75 5507146-ORE01.xls q�4 x'S' Ik Oak Park Heights Request for Council Action Meeting Date May 22 Agenda item Title Approve Purchase of Network Server, Computers and Projector ctor Agenda Placement Consent Originating Department/Requestor Finance —Judy Holst Deputy Clerk/Finance Director Requester's Signature Action Requested Approve p4chase of network server annual com uter upgrades and computer and projector for council chambers Background/ Justification (Please indicate any previous action, financial implications including budget information and recommendations). The City's current network server is 5 years old has reached full capacity for storage with only l % of storage remaining and frill capacity for memory. The new server that staff is proposing will increase the processing speed, increase the RAM (memory) by 3 times, and have 6 times the storage capacity. The City has funds earmarked in the Budgeted Projects Fund for the purchase of a new network server in 2007. Two quotes were obtained. Dell is the low quote at $7,620.00 plus tax. There will also be labor charges for installing and configuring the new network. The cost estimate obtained from TR Computer Sales is $4,200. The estimate is based on number of hours estimated to complete the installation. The City computer program has all City computers on a rotation schedule for upgrading the individual computers for City staff. There are 3 computers that are scheduled to be replaced in 2007. We have obtained 2 quotes for the cost of new computers. The low quote was Dell at $1,022.00 plus tax per computer. Three new monitors will be an additional $700 to $800. The 2007 budget transferred funds into the Budgeted Projects Fund for the purchase of a laptop computer and projector to be used in the Council Chambers for power point presentations and other staff presentations that are currently being presented with the overhead projector. This would eliminate the need for the overheads staff is currently using. Two quotes were obtained for the laptop and projector. Dell was the low quote at $749 plus tax for the projector and $1,022.00 plus tax for the laptop. There is a balance of $20,055 in the Budgeted Projects Fund for computers. Finance purchase recommendation: Dell Network Sewer $8,116 Installation $4,200 3 Dell computers/monitors $4,066 Laptop $1,089 Projector $798 Total $18,269 15 This Page Is Left Intentionally Blank. 00 .'h A —wo YN 14�'i! j WM _�. tFOJO ALL— q &A W. 11 s��r�3r _ �,. _ �. No delinquent taxes and transfer nti red;noeFequi ed of Real Estate Value ( �) cell' tate of Real N°' " (date) i INIA R. ERDAHL, AUD11OR-"f REAStJRF --.— 1 County Au ttar jn by Deputy Return to: Attorney's Title of Stillwater 1835 Northwestern Avenue Stillwater, MN 55082 WARRANTY DEED — INDIVIDUAI, TO STATE DEED TAX DUE HEREON: $ Pell le �!7 DATE: July 24th. 1.998 FOR VALUABLE CONSIDERATION, Laverne G. Bell a single person, Grantor(s), hereby convey(s) and warrant(s) to Economic Development Authority, of the City of Oak Park Hei hts_ Grantee(s), real property in Washington county, Minnesota described as follows: Attached "EXHIBT.T All hereto made a part thereof. The Seller certifies that the Seller does not know of any wells on the described real property, of more: space is needed, continue on back) together with all hereditaments and appurtenances belonging thereto, subject to the following exceptions: easements, restrictions, reservations and covenants of record, if any. LaVerne G. Bell WASHIN$TON COUNTY AuorrowTKeAsumw Recciut No.: 404274 18 -Aug -98 STATE QS MINNESOTA} Deed tax hcrcenof $400.95 Paid MN Conservation Fund M.S. 473H $5.$10 Paid ) ss . *9inia R. Erdahl, AudltorJreasurer by: BDNolson COUNTY OF Washington) The foregoing instrument was acknowledged before me July 24th 1998, by LaVerne G. Bell a single_person, grantor (s) Notarial stamp or seal ��' ' //_�-/✓�? ' or other title or rank) si ature of person Taking Acknowledgment YDITH A, slooY JUDITH NOTARPU6LIC--IAIMNE50TA Tax Statements for the real Mr Cprd WWIN tYRREs 1-314M property described in this instrument should be sent to (name and address of Grantee): ��-C'!"'"!" 7 �:'! ('-: �.fC. - f c.c .� ��C � 11 •< v! E /r THIS INSTRUMENT WAS DRAFTED BY C X, (name and address) : Attorney's Title of Stillwater 1835 Northwestern Avenue f lr`/ C �'yHr/N Stillwater, MN 55082 T ' �L �y RAJ 3001686 EXHIBIT A PARCEL 1: The South 262 feet of the North 494 feet of the East 233 feet of the Northeast 1/4 of the Southwest I/4 of Section 3, Township 29, Range 20, excepting therefrom that part taken for highway; PARCEL 2: AND AIr T a part of the Northwest Quarter of the Southeast Quarter of Section 3, Township 29 North, Range 20 West described as follows: Commencing at the center of Section 3, Township 29 North, Range 20 West and running thence South 1 degree 30' East along the centerline of said e Section 3 for a distance of 232 feet to the point of beginning of the land hereby convey d; from said point of beginning continuing South on the aforesaid line extended in a straight line to the point where it intersects the west boundary of the Stillwater and Point Douglas Road also known as Highway 21; running thence Northeasterly along the West boundary of said Stillwater and Point Douglas Road to a point where it intersects a line parallel to and 232 feet South of the North line of the Southeast Quarter of Section 3, Township 29 North, Range 20; running thence Westerly in a straight line to the point of beginning, being a triangular piece of land adjacent to Easterly of and having as its northern boundary the extended North boundary of that land conveyed to Lester F. Bell and LaVerne G, Bell, by deed dated August 24, 1957, recorded December 30, 1957 in Book 210 of Deeds, page 339; excepting therefrom that part taken for highway. ! RFD IN TWNSFER RECO OTA WAS�4INGTON COUNTY, V1RGlN4!?i . EtiUAHL, AU fGR T �EASURR t3Y DEPUTY res imi rl R RESOLUTION NO. 2007 -04 - CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA RESOLUTION OF THE CITY COUNCIL FOR THE CITY OF OAK PARK HEIGHTS SUPPORTING THE ESTABLISHMENT OF A `NO -WAKE' ZONE ON THE MINNESOTA SIDE OF THE ST. CROIX RIVER FROM THE NORTHERN PROPERTY LINE OF SUNNYSIDE TO THE METRO WASTE WATER TREATMENT PLANT WHEREAS, the City Council for the City of Oak Park Heights has received a request from the Port of Sunnyside Club, inc. to support their proposal to establish a no wake zone in the area north of the of their northern property line and extending to the south to Metro Waste Water Treatment Plant: and WHEREAS, the high volume of boat traffic on the St. Croix River with excessive speeds and large wakes that are created thereby are creating issues of safety and property damage for the traveling public and property owners along the St. Croix River; and WHEREAS, ample precedent has already been established on various sections of the St.Croix River to establish no wake zones where property and safety are in danger; and WHEREAS, THE City Council finds it to be in the best interest of its citizens, property owners, the traveling public and boaters to establish a `no -wake' zone in the area designated. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL FOR THE CITY OF OAK PARK HEIGHTS AS FOLLOWES: The City of Oak Park Heights hereby acknowledges and supports the establishment of a no wake zone on the Minnesota side of the St. Croix River from an area to be established beginning at the northern property line of the port of Sunnyside Club, Inc. and extending to the south to the Metro Waste Water Treatment Plant. 2007. Passed by the City Council for the City of Oak Park Heights this 22`h day of May, Attest: Eric Johnson, City Administrator Davits Beaudet, Mayor no "Phis Page Is Left Intentionally Blank. I This Page Is Left Intentionally Blank. PTA Y16• F fA This Page Is Left Intentionally Blank. urp RESOLU'T'ION A RESOLUTION SUPPORTING AN APPLICATION TO THE STATE OF MINNESOTA FOR CONSIDERATION IN THE 2008 CAPITAL APPROPRIATION TO FUND THE RECONSTUCTION OF THE STATE TRUNK HIGHWAY 36 SOUTH FRONTAGE ROAD. Whereas, the south frontage road of State Trunk Highway 36, between Oakgreen and Osgood Avenues is in a poor and unsafe condition; and, Whereas, the City of Oak Park Heights has on numerous occasions informed the Minnesota Department of Transportation, (MNDOT) the owner of such roadway, of these conditions; and, Whereas, MNDOT has indicated that this roadway is not scheduled for reconstruction until possibly 2024, and has additionally indicated that is it a not a significant priority to warrant the diversion of other funds; and, Whereas, numerous potholes, crumbling asphalt and other drainage problems are progressively worsening and will continue to deteriorate until such time as the roadway is impassible negatively effecting the local business, the area tax -base and the motoring public. NOW, THEREFORE, BE IT NOW RESOLVED, that he City Council for the City of Oak Park Heights does hereby support and advocate that the 2008 Capital Appropriation include the necessary funds to fully and appropriately reconstruct the South Frontage Road of STH 36 between Oakgreen Ave and Osgood Ave, as well as direct MNDOT to immediately undertake such reconstruction. Passed by the City Council for the City of Oak Park Heights this 22nd day of May 2007. David Beaudet, Mayor Attest: Eric 3ohnEson, City Administrator 22 31: L RESOLUTION CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY MINNESOTA A RESOLUTION AUTHORIZING THE RECEIPT OF GRANT FUNDS FROM WAL-MART FOR THE PURPOSES OF CRIME PREVENTION AND SAFETY EDUCATION MATERIALS Whereas, the City of Oak Park Heights in 2006 applied for certain grant funds from the Wal-Mart Corporation for Crime Prevention and Safety Education Materials, and; Whereas, the Wal-Mart Corporation has approved to fund such request and wishes to provide a $875 grant to the City of Oak Park Heights Police Department for Crime Prevention and Safety Education Materials; and, Whereas, the City of Oak Park Heights is grateful for Wal -Mart's grant funds and concern for their community. Now, Therefore, Be It Resolved, that the City Council of the City of Oak Park Heights shall accept such funds from the Wal-Mart Corporation and that the Police Department of the City is authorized to expend such funds for the purposes of enhancing the Department as specified by the grant program. Passed by the City Council for the City of Oak Park Heights this 22nd clay of May 2007. David Beaudet, Mayor Attest: Eric Johnson, City Administrator lu � In �4 "." � I ra t e 3"- Rl � RESOLUTION CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY MINNESOTA A RESOLUTION AUTHORIZING THE RECEIPT OF A DONATION FROM WAL-MART AND DIRECTING THE FUNDS TO BE UTILIZED BY THE POLICE DEPARTMENT. Whereas, Oak Park Heights business, Wal-Mart wishes to donate three -thousand dollars ($3,000.00) to the City of Oak Park Heights Police Department; and, Whereas, the City of Oak Park Heights is grateful for Wal -Mart's donation and concern for their community. Now, Therefore, Be It Resolved, that the City Council of the City of Oak Park Heights shall accept Wal -Mart's donation and that the Police Department of the City is authorized to expend such funds for the purposes of enhancing the Department. Passed by the City Council for the City of Oak Park Heights this 22nd day of May 2007. David Beaudet, Mayor Attest: Eric Johnson, City Administrator M •;r ;. This Page Is Left Intentionally Blank. zz i :« as +w2?r? ».d. . am . #<�mn�.2�. �.ru,,v: a< --9m,- .. T77� w9 � NORTHWEST ASSOCIATED CONSULTANTS, INC. 4800 Uason Memorial Highway, wife 202, Golden Va€ley, Mit E5,54-22 Telephone: 763,2:31.225 5 Facsimile: 763.231,21,5153 �€.�r�rae?r;itvr3a:;�slersr�ir3c�.�,c>s'r� PLANNING REPORT TO: Eric Johnson FROM: Carie Fuhrman/Scott Richards DATE: May 2, 2007 RE: Oak Park Heights —Little Victories Daycare Operation — Conditional Use Permit FILE: 798.02-07.03 BACKGROUND Little Victories Daycare has applied for a conditional use permit to allow a daycare operation at 5595 Memorial Avenue North. The property is owned by Brooks & Whitcomb, LLC and is located at Lot 3, Block 1, Kern Center, 2nd Addition. The conditional use is necessary in that the Zoning Ordinance lists day care — group nurseries as a conditional use in the B-3 Zoning District. In June of 2006, the City Council approved a planned unit development and general and site plan review for the construction of two condominium office/warehouse buildings off of Memorial Avenue North. The proposed daycare facility will be located directly next to the newly -opening Rejuvenate Medi -Spa. Both businesses will be located in Building #1, which is the first of the two buildings to be constructed. Attached for reference. Exhibit A -- Site Plan (Al, dated 5/10106) Exhibit B — Floor Plan Exhibit C — Signage Plan Exhibit D -- Signage Plan II ANALYSIS Business Details. Little Victories Daycare is proposed to be an hourly drop-off child care facility. Parents will be able to drop off their children for as little as one hour or as many as 90 hours a month. At capacity, the center will be licensed to accommodate 14 toddlers, ages 16 months to 33 months, and 30 children, ages 34 months to 12 years old. Staffing ratios are restricted to state licensing guidelines of 10:1 for preschoolers and 7:1 for toddlers. 0 The proposed hours of operation are: Monday through Friday: 8:00 a.m. to 8:00 p.m. Saturday: 8:00 a.m. to 6:00 p.m. Sunday: Closed The applicants have stated that there is a potential for future hours in order to allow for parents to have a "date night," which might includes hours to 10:00 p.m. on both Friday and Saturday evenings. Zoning. The subject property is zoned B-3, Highway Business and Warehousing District, in which day cares are conditional uses. The proposed indoor portion of the daycare is 2,433 square feet. The proposed outdoor play area is 1,500 square feet. Daycare CUP Standards. (401.300.E.15.) aj Provisions are made to ensure compatibility with surrounding uses. The surrounding area is zoned B-3, Highway Business and Warehouse. bj Adequate area is provided within the plan for outdoor play areas. A 1,500 square foot area is proposed for the outdoor play area, which is proposed in the internal courtyard between the two buildings of the planned unit development. cj All fire codes as applicable are complied with. The Fire Marshall shall review the plans. dj All applicable state and local regulations pertaining to child care facilities are complied with. Staffing ratios are restricted to state licensing guidelines of 10:1 for preschoolers and 7:1 for toddlers. ej Adequate areas are provided for child drop-off. The common area between the spa and daycare will provide adequate area for child drop-off. f) Adequate analysis and provisions are made to resolve issues related to demand for services. No use shall be allowed that will exceed the City's ability to provide utility, police, fire, administrative or other services to the site. There shall be no City service issues with this request. gj The provisions of Section 401.03.A.8 of this Ordinance are considered and satisfactorily met. The CUP criteria has been reviewed and staff does not foresee any issues with the conditions specified. Signage plan. The Signage Plan that has been submitted with the Conditional Use Permit application proposes the following: X19 1) One wall sign located above the southeast entrance of the building, to be four feet by three feet (eight feet by three feet total with both tenants, for a total of 24 square feet). Staff Comment: Twenty-four square feet is slightly less than what was approved with the P.U.D., which allowed for 32 square feet for each wall sign. 2) One freestanding sign with space for six tenants to advertise, including Little Victories. The following standards apply to freestanding signs for mixed use multiple occupancy buildings: • Maximum of one freestanding sign allowed per lot • Sign area may not exceed 100 square feet • Maximum height of 20 feet • Sign base shall be surrounded with a landscape planter at least three feet in height • Planter shall contain decorative shrubbery and/or flower materials • Sign base shall be constructed of materials to match the principal building According to a site visit conducted by staff, both signs have already been installed without first obtaining a permit, which is in violation of condition #2 of the resolution approving the planned unit development, concept and general plan, and site pian review for the construction of the two condominium office/warehouse buildings. Sign permits must be obtained for both signs on the subject site in order to verify consistency with Section 401.15.G of the Zoning Ordinance. Parking. The parking calculations for the office condominiums were based on the proposed 80 percent office use and 20 percent warehouse use. The parking plan, dated April 10, 2006, indicates 113 parking stalls, five of which are handicap accessible. The plan also demonstrates 22 foot wide drive aisles and 9 foot by 18 foot parking stalls. These standards meet the requirements that were laid out in the conditions of the P.U.D. and site plan approval. According to the Zoning Ordinance, day nurseries require four spaces plus one for each three beds for which accommodations are offered and one space designated for emergency vehicles. The provided parking will sufficiently address the needs of the proposed daycare facility. Fencing. The submitted floor plan indicates a proposed fence to be installed surrounding the outdoor play area. However, no details regarding this fence have been submitted. Fence details shall be submitted, including the height and materials to be utilized. Landscape Plan. The submitted floor plan indicates that the proposed outdoor play area will interfere with portions of the Landscape Plan, dated May 10, 2006, which 3 5o was submitted with the original P.U.D. Six of the red twigged dogwood potted shrubs were approved to be located in this area, in addition to a portion of an 18 by 18 foot patio area. This will require readjustment of the proposed patio and proposed potted shrubs. This is subject to review and approval of the City Arborist. Grading Plan & Erosion Control Plan. The submitted floor plan indicates that the proposed outdoor play area will be located directly over the grass drainage Swale in the internal courtyard. The drainage swale is indicated on the Grading and Erosion Control Plan, dated April 10, 2006, with the original P.U.D. application. This is subject to the review and approval of the City Engineer. CONCLUSION/RECOMMENDATION After reviewing the request and the criteria and conditions for day care conditional use permit approvals, staff recommends approval of the request for the Little Victories Day Care. The recommendation is made with the following conditions: 1) A sign permit shall be obtained prior to the erection of any signs on the subject site. 2) Sign permits must be obtained for both signs on the subject site in order to verify consistency with Section 401.15.G of the Zoning Ordinance. Indicate the total size of the freestanding sign as it differs from the sign details in the P.U.D. application on sheet number A-1. 3) Fence details shall be submitted, including materials to be utilized and height. 4) The proposed outdoor play area location is subject to the review and approval by the City Engineer as its location is directly over the grass drainage swale in the courtyard. 5) The proposed outdoor play area location is subject to review and approval by the City Arborist, due to its compromise of the original Landscape Plan. 6) The location of the 18 foot by 18 foot patio directly behind the proposed outdoor play area will need to be adjusted slightly towards Building #2. 7) The Fire Marshall shall review and approve the building plans. 8) The applicant shall provide to the City a copy of the State License prior to issuance of the occupancy permit. 9) One parking \stall shall be designated for emergency vehicles. 4 A RECOMMENDING RESOLUTION OF THE PLANNING COMMISSION CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA A RESOLUTION ESTABLISHING FINDINGS OF FACT AND RECOMMENDING TO THE CITY COUNCIL THAT THE REQUEST BY LITTLE VICTORIES DAYCARE FOR A CONDITIONAL USE PERMIT TO ALLOW A DAYCARE WITHIN THE MEMORIAL OFFICE CONDOMINIUMS AT 5595 MEMORIAL AVENUE NORTH SHOULD BE APPROVED WITH CONDITIONS WHEREAS, the City of Oak Park Heights has received a request from Little Victories Daycare for a conditional use permit to allow a daycare within the Memorial Office Condominiums at 5595 Memorial Avenue North; and after having conducted a public hearing relative thereto, the Planning Commission of Oak Park Heights makes the following findings of fact: 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. General plan approval for the Planned Unit Development for the condominium office/warehouse buildings was approved by the City Council in June of 2006; and 4. The condominium office/warehouse building at 5595 Memorial Avenue North is constructed and ready for occupancy; and 5. The subject property is zoned B-3, Highway Business and Warehousing District in which daycare facilities are a conditional use; and 6. City staff prepared a planning report dated May 2, 2007 reviewing the request; and 7. City staff recommends in the May 2, 2007 planning report that the request be approved with conditions; and 52 8. The Planning Commission held a public hearing at their May 10, 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 CITY OF OAK PARK HEIGHTS THAT THE PLANNING COMMISSION RECOMMENDS THE FOLLOWING: A. The application submitted by Little Victories Daycare for a conditional use permit to allow a daycare within the Memorial Office Condominiums at 5595 Memorial Avenue North and affecting the real property as follows: SEE ATTACHMENT A Be and the same as hereby recommended to the City Council of the City of Oak Park Heights for approval with the following conditions: 1. A sign permit shall be obtained prior to the erection of any signs on the subject site. 2. Sign permits must be obtained for existing signs on the subject site in order to verify consistency with Section 401.15.G of the Zoning Ordinance. The applicant shall indicate the total size of the freestanding sign as it differs from the sign details in the PUD application on sheet number A- l . 3. The outdoor play area location is subject to the review and approval by the City Engineer. 4. A revised landscape plan shall be provided for the site of the outdoor play area subject to review and approval of the City Arborist. 5. A revised site plan shall be provided indicating the new location of the patio area subject to review and approval of City staff. 6. The Fire Marshal shall review and approve the building pians. 7. The applicant shall provide to the City a copy of the State license prior to issuance of the occupancy permit. Recommended by the Planning Commission of the City of Oak Park Heights this 100' day of May 2007. Michael Liljegren, Chair ATTEST: Eric A. Johnson, City Administrator 53 Attachment A Washington County GEC) Code: 06.29.20.24.0905 Legal Description: Lot 3, Block 1, Kern Center 2nd Addition Physical Address: 5595 Memorial Ave. N. ATTACHMENT B Conditional Use Permit Little Victories Daycare -- 5595 Memorial Ave. N. Application Materials • Application Form • Fees • Plan 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) Planning Commission Public Hearing & Recommendation: May 10, 2007 Required Approvals: City Council 415 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) 51 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 LITTLE VICTORIES DAYCARE FOR A CONDITIONAL USE PERMIT TO ALLOW A DAYCARE WITHIN THE MEMORIAL OFFICE CONDOMINIUMS AT 5595 MEMORIAL AVENUE NORTH BE APPROVED WITH CONDITIONS WHEREAS, the City of Oak Park Heights has received a request from Little Victories Daycare for a conditional use permit to allow a daycare within the Memorial Office Condominiums at 5595 Memorial Avenue North; 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. General plan approval for the Planned Unit Development for the condominium office/warehouse buildings was approved by the City Council in .lune of 2006; and 4. The condominium office/warehouse building at 5595 Memorial Avenue North is constructed and ready for occupancy; and 5. The subject property is zoned B-3, Highway Business and Warehousing District in which daycare facilities are a conditional use; and 6. City staff prepared a planning report dated May 2, 2007 reviewing the request; and 7. City staff recommends in the May 2, 2007 planning report that the request be approved with conditions; and S. The Planning Commission held a public hearing at their May 10, 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 Little Victories Daycare for a conditional use permit to allow a daycare within the Memorial Office Condominiums at 5595 Memorial Avenue North and affecting the real property as follows: SEE ATTACHMENT A Be and the same as hereby approved by the City Council of the City of Oak Park Heights with the following conditions: I . A sign permit shall be obtained prior to the erection of any signs on the subject site. 2. Sign permits must be obtained for existing signs on the subject site in order to verify consistency with Section 401.15.G of the Zoning Ordinance. The applicant shall indicate the total size of the freestanding sign as it differs from the sign details in the PUD application on sheet number A-1. 3. The outdoor play area location is subject to the review and approval by the City Engineer, 4. A revised landscape plan shall be provided for the site of the outdoor play area subject to review and approval of the City Arborist. 5. A revised site plan shall be provided indicating the new location of the patio area subject to review and approval of City staff. 6. The Fire Marshal shall review and approve the building plans. 7. The applicant shall provide to the City a copy of the State license prior to issuance of the occupancy permit. Approved by the City Council of the City of Oak Park Heights this 22" d day of May ATTEST: Eric A. Johnson, City Administrator David Beaudet, Mayor 2 Sol Attachment A Washington County GEO Code: 06.29.20.24.0005 Legal Description: Lot 3, Block 1, Kern Center 2nd Addition Physical Address: 5595 Memorial Ave. N. �il ATTACHMENT B Conditional Use Permit Little Victories Daycare — 5595 Memorial Ave. N. Application Materials • Application Form • Fees • Plan 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) Planning Commission Public Hearing & Recommendation: May 10, 2007 Required Approvals: City Council 4/5 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) 511 This Page Is Left Intentionally Blank. 1% 71 �- ,� e «� � ;� e ��� «va:t� a:w.� »r ^ ~ ©' ^�l� � a•�y o� # w,�. az�� a w� ��)����«�:> � � ;� � �i� z » \`\��}kƒ� �� ,��r__� u� :c�_� �«::: � ��� «:* .... :�wx-��- � 9- ,»., . y . . >� . . ��©� Z ~+ l�� �> }�, : «�. ` � � \ �: �\ ��; � .. :� 2 N C 0 tO n E 0 t W U d N O nlM w = rn w a R1 U U n c). a v vs cn � co m N CDp11 7 yr„ LL. N r P C7 o F N �q c 'a Qa.I�'�'.N O � W49wWw W M o o o C 11 4G N O M a M V V r r o O a U w N N w w N w to � co r of m a ° 2' 2 r a a a a u> ua cn w C P -h to in n 60 c w m 0 b N O M 0 p al M '7 N s^ C7 0 � w N w v► N r► h !OD N O M 000 `olN pNrO O u w » W W N M O.-- v M f') M r W a m U U a 4) M (i) W w 0) V - N � M� h LL N r O O C'i o `3 67 C 49 a = Off) to N O M r O Ou �- V CI r 'O O V 0 Q r '.'w wwww �w -_W It U1 NOM ti d i' IL U Oi]w w 4 ti C O n O N m a s o-ai a m w aLLu. ;;ti m mN N d mN :TJ7 C U.mac m U UC7 []U w>-4 mU� 0� l(O ti AV O Mo '. a m V . w,a w www c �mw000 s m toNor� O r (1 ;M; I& M M 'tT (V r O G��Jiii r O 1C .0 ' U 03 w wNw -d 1L1 Ll. n tpp N O M CR N Q [V 4 lV 1� 6 O ro � U � 6� fO N d M y Nj::� O C E U a a R o 0— V N r 0 01 p� M G. u L H ti S o a c U V) coc E c n 00 da >,Tv mm aa a) Q' VO v O 4F 1` CC N .N 1N1 W Q N . .N 2 .. ...N i]. O a0 a 4) ) 4) 4) iL 4) LL U. O) Ol mL O O Y .aL-, m N f4 .O C U L 0 CL m 16 �(n)m(g(0(o(n U C7 G3UW,}QWOF =mom 777 7 7 77 1 7-7-711,77MIMM 2 MT 2 CRT's collected. The cost to recycle these items is significant at $.25 per pound for disposal plus an extra vehicle needs to be sent to collect such items. We have researched to the best of our ability the number of CRT's we believe are being disposed of in the City of Oak Park Heights and the subsequent cost of this service. Based on the review of route information from July 1, 2006 to present we have compiled the following information. • Average number of CRT's collected monthly are 33 (This includes the CRT's Collected at the Spring Clean-up event) • Average weight per CRT is 75 lbs. (This is everything from Computer Screens to Counsel Television Sets). The average cost is then $1$.75 per unit. • Average time to collect the CRT is 15 minutes at a internal rate of $65.00 per hour or $1.08 per minute for a collection cost of $16.20 • The average cost to collect and dispose of each CRT is then $34.95. The total monthly expense for our company is the 33 units times $34.95 which equals $1,153.35. We then divide that amount among the 1,091 residents of the City to arrive at $1.06 per household increase per month. We have attached proof of disposal pricing for you reference. MSW Disposal The Contract language reads; "The Disposal Fee identified in Attachment A shall increase or decrease corresponding with the percent of increase or decrease of Disposal Fees (tipping fees) paid by the Contractor. The Contractor must provide a sworn statement of Disposal Fees effective for January 1, 2004 with proposal documents. Either party may request an adjustment in the Disposal Fee upon a fifteen (15) day notice due to an increase or decrease in the Disposal Fees." The current disposal rate at the RRT facility in Newport, Minnesota is $46.00 per ton with a $12.00 per ton rebate for an effective rate of $34.00 per ton. Effective July 1, 2007 the disposal fee at the RRT will increase to $50.00 per ton with a $12.00 Rebate for an effective rate of $38.00 per ton. This is a 11.75% increase to the disposal rate at the RRT facility. The current disposal portion of the Contract and the proposed 11.75% increase is detailed in the chart below. Container Size Current Disposal Rate Proposed Rate Net Increase 35 gallon $1.74 $1.94 $.20 65 gallon $2.77 $3.10 $.33 95 gallon $4.16 $4.65 $.49 6� The City should be aware of the following adjustments that will be forthcoming at the RRT over the coming years. Please see the Chart Below. Date Range Gate Rate Rebate Effective Rate 1-1-07 to 6-30-07 $46.00 $12.00 $34.00 6-1-07 to 12-31-07 $50.00 $12.00 $38.00 1-1-08 to 12-31-08 $55.00 $12.00 $43.00 1-1-09 to 12-31-09 $59.00 $12.00 $47.00 1-1-10 to 12-31-10 $64.00 $12.00 $52.00 1-1-11 to 12-31-11 $68.00 $14.00 $54.00 1-1-12 to 12-31-12 $72.00 $14.00 $58.00 Summary In summary, Veolia is seeking adjustments to the current rates as follows. 1. CPI — 1.65% 2. CRT's — $1.06 Per Unit 3. MSW - 11.75% Thank you for addressing this matter, if you have any questions or concerns please do not hesitate to contact me. Sincerely, Mayo Rude Veolia Environmental Services Cc; Paul Leding L�1 S ...... ...... 7,7,1C. 77,?7, T, 7 77 '77 77 77 -r, 771� nw lw a -7 RESOLUTION APPROVING, WITH CONDITIONS, A COUNTY PROJECT WITHIN MUNICIPAL CORPORATE LIMITS - INSTALLING AN ACTUATED TRAFFIC CONTROL SIGNAL SYSTEM AT THE INTERSECTION OF COUNTY STATE AID HIGHWAY NO. 24 AND 62ND STREET NORTH WHEREAS, plans showing proposed intersection signal layout of an actuated traffic control signal system at the intersection of County State Aid Highway No. 24 and 62"`' Street North within the limits of the City have been prepared and presented to the City; and, WHEREAS, the City is in general concurrence with the installation of such signal systems. NOW, 'THEREFORE, BE IT RESOLVED that the City of Council for the City of Oak Park Heights does approve of the installation of an actuated signal control system at the intersection of County State Aid Highway No. 24 and 62" Street North contingent upon the final review and approval of the City Engineer and the completion of a signal maintenance agreement. Passed by the City Council for the City of Oak Parr Heights this 22"`' "'y of May 2007. David Beaudet, Mayor Attest: Eric Johnson, City Administrator x � . 74777 0 e..: .e.,brr�Fh+ 77. r a J CITY OF STILLWATER Mayor Date City Administrator Date Approved as to form: City Attorney Date Recommended for approval: City Engineer Date Ra202403tAgreementsX&gnai Maintenance Agreement GSAH 24 & 62nd Street.dac 01 13 w X w X wr x p x V1 � N p N Q C Z 2: b I- N W y N l� w tL r" Z •y 3 Vs V a O aan-u1aErs of II IAV (1000so —3 _._ -- J 1� �arrrr rr' x a N 13 I� mom �, ._ .. ...... ..... _._v £ 4 l ma ' t`- apt � 14 5 _ 3 T ti_ 3 I 5. Page 2 of 4 I ,� c K 6;/M /C, 7 The maintenance agreement seems fine. The main thing to note is that the City will be responsible for 50% of the electrical costs. The County will be responsible for all repair and maintenance. Timing is also part of the County's job. The signal layout is incomplete in its current form. For instance, there aren't any pole notes. I know Ted Schoenecker, though, and he should put a good plan together. That being said, a couple items for you: • The indications on the pole are listed as 8" (the ones on the mast arms are listed as 12"). We would prefer 12" for all the indications. • There is not a push button for crossing n -s. The plan may be for the walk to always come on with n -s. traffic. I think this is inefficient and prefer a push button to activate the walk phase. • There is not a indication as to whether the crossings will be count -down timers. Is that something the City would want? • Pedestrian crossing indicators are only provided for the west and north sides of the intersection (only the north side will have a striped crosswalk). That's not necessarily a problem, but the City should be aware in case they have an issue with it. • Back detection loops are not shown for any approach. These should be on a match -line sheet assuming the signal is fully actuated. • Every approach except eastbound has three indications. I think an indication should be added to pole 3 for the eastbound movement (3-3). • There may be reasons for it, but it seems odd to me that the power source (B) is across the street from the cabinet location (A). Just looking at this plan sheet without topo or other geometric features, I would have places the cabinet in the northwest quadrant near the power source. • The mast arms are shorter than what would normally be planned for an intersection. In general, I would want the mast arm indication on the lane line between the left/through lane and the right turn lane. Again, there may be a reason for using these short mast arms. Please call with any questions or comments. Bryant Ficek, PE, PTOE Tel 651-604-4886 Cell 651-492-5109 bryant.ficek@bonestroo.com Bonestroo -----Original Message ----- From: Eric A. Johnson[maiito:eajohnson@cityofoakparkheights.com] 5/18/2007 "15