Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
06-19-07 Council Packet
CITY OF OAK PARK HEIGHTS TUESDAY, JUNE 19, 2007 CITY COUNCIL MEETING AGENDA 7:00 P.M. 7:00 p.m. 1. Call to Order/Pledge. of Allegiance/Approval of Agenda Estimated Mnes 7:05 p.m. I1. 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 I . Party in the Park Update 7:10 p.m. 111. Visitors/Public Comment Recycling Award (1) This is an opportunity for the public to address the Council with questions or concerns on issues not part of the regular agenda. (Please limit comments to 3 minutes in length.) 7:10 p.m. IV. Consent A enda (Roll Call Vote) A. Approve Bills & Investments B. Approve City Council Minutes -- May 22, 2007 (2) C. Approve City Council Minutes — June 11, 2007 (3) D. Approve Tower Asphalt, Inc 2`1 Payment for 2007 Trail & Parking Lot lmprovements (4) E. Payment Request 47 Novak Ave. N. and Norwich Ave. N. Utility and Street Improvements (5) F. Approve LG220 Lawful Gambling Permit --- Children's Cancer Research Fund (6) G. Approve Years of Service Awards — 30 Years: Chief Lindy Swanson and Public Works Foreman Jeff Kellogg; 15 Years: Building Official Jim Butler (7) V. Public Hcgdpg§ None 7:15 p.m. V1. Old Business A. Status of Acquisition of Property Adjoining Brekke Park (no enclosure) B. Water Tower 41 Rehabilitation (8) C. STM 36 Frontage Roads — MNDOT Response (9) D. Washington County Gov. Center Expansion (10) E. Autumn Hills Park Shelter (No Enclosure) Page 1 of 97 7:45 p.m. VII. New Business A. Schedule Budget Workshops (11) B. New Officer Hire (.12) C. City Branding --- Logos and Lapels (13) D. Lowe's — Conditional Use Permit — Open & Outdoor Storage (14) E. Menard's — Site Plan/Design Guidelines Review — (Bi -fold Doors & Other remodel) (15) F. MET Council Population Estimates (16) G. Emergency Water Regulations (17) 8:30 p.m V111 Closed Session A. Labor Negotiations B. Personnel Issues C. Meeting with City Attorney — Pending Litigation Oak Park Heights vs DNR Construction and vs. Secure Midi -Storage 9:15 p.m.. IX. Adjournment Page 2 of 97 k Oak Park Heights Request for Council Action ENCLOSURE Meeting Date June 10, zoo Agenda Item Regycling RecyclingAward Time Required o Agenda Placement Visitors Public Comment Originating Departme Requester's Signature Action Requested Receive Information Background/Justification (Please indicate any previous action has been taken or if other public bodies have been advised). Page 3 of 97 CITY OF OAK PARD HEIGHTS 14168 Oak Park Boulevard No. • P.O. Box 2007 • Oak Park Heights, MN 55082.2007 • Phone: 6511439-4439 • Pax: 6511439-0574 June 14, 2007 Ms. Heidi Hagen 14923 56" St N Oak Park Heights, MN 55082 Dear Ms. Hagen: Thank you for participating in the City's recycling program. As an incentive to recycle and to increase fire prevention awareness, the City rewards two residents each month with their choice of an award of $25.00 or a Fire extinguisher and/or smoke detector(s). Your residence was checked on Thursday, June 14, 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! ti Jennifer "1-hoela -' Administrative Secretary/Deputy Clerk age 4 o Tree City U.S.A. Oak Park Heights Request for Council Action ENCLOSURE Meeting Date June 19, 2007 Agenda Item Approve City Council Minutes — May 22, tow Time Required 5 mins Agenda Placement Consent Agenda Originating Department/Requestor Administration./Jennifer Thoen Requester's Signature Action Requested Background/Justification (Please indicate any previous action has been taken or if other public bodies have been advised). Page 5 of 97 CITY OF OAK PARK HEIGHTS 7:00 P.M. TUESDAY, MAY 22, 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: C ounci I members Abrahamson, Doerr, McComber and Swenson. Staff present: Administrator Johnson, City Attorney Vierling and City Planner Richards. Absent: City Engineer Postler. Mayor Beaudet added "2007 Crack Seal Contract for Streets and Parks" as item G under New Business. Councilmember McComber, seconded by Councilmember Doerr, moved to approve the Agenda as amended. Carried 5-0. II. Department/Council Liaison Reports: A. Planning Commission: City Planner Richards reported that the last meeting was held Monday, May 10, 2007. There was a Comprehensive Plan Committee meeting just prior to the regular meeting. They discussed a mission statement, policies, and goals statement. The next time the Comprehensive flan Committee will meet will be before the July 12, 2007 regular meeting. At the regular meeting, they had one item up for public hearing, which was on the agenda as item D in New Business. The next regular meeting of the Planning Commission is scheduled for ,lune 14, 2007, at 7:00 p.m. There are three items up for public hearing that day. Councilmember McComber reported that the Transit Feasibility Study Group should be meeting prior to that date. She will provide information to City Planner Richards. B. Parks Commission: Councilmember McCon-iber reported that the last Parks Commission meeting was held oil May 21, 2007. The walkthrough began at 5:00 p.m. at Cover Park and they continued on to Autumn Hills Park. She reported that they have scheduled a worksession for June 18, 2007 at 5:00 p.m. to discuss the walkthrough list and meet with Xcel at the Moelter site. The regular meeting will follow at 6:30 p.m. C. Cable Commission: Councihl3cmber Doerr reported that the next meeting will be June 20, 2007, at 7:00 p.m. at the Access Center. He stated that the issue with the cable bills that they are attempting to have heard in the state is on hold. He stated that there have been numerous filings in District Courts opposing the TFCC ruling. D. Water Management Organizations: Mayor Beaudet reported that the Middle St. Croix will be meeting June 14, 2007, at 7:00 p.m. at the Washington Conservation District Office. Page 6 of 97 City Council Meeting Minutes May 22, 2007 Page 2 of 9 E. Lower St. Croix River Advisory Committee: Mayor Beaudet reported that the Lower St. Croix River Advisory Committee will be meeting Wednesday, May 23, 2007, at 7:00 p.m. in the lower level of the St. Croix County Government Center. F. Other Liaison/Staff Reports 1. Spring Clean -Up: Tonnage Report: Administrative Secretary Thoen reported that there were a total of 58.72 tons of waste and recycling dropped off at the Spring Clean -Up on April 28, 2007. Last year's total was 40.21 tons. Mayor Beaudet reported that the trail at the Andersen Corporation building located at the St. Croix Mall has been completed. He thanked Andersen Corporation for their cooperation in extending the City's trail system. Councilmember Doerr suggested that councilmembers and staff visit the city's website, which is being updated by Administrative Secretary Thoen. Councilmember Doerr congratulated her on the progress made. 111. Visitors/Public Comment: Recycling Award: Administrative Secretary Thoen reported that Auldon Johnson of 14523 57`x' St. N. was selected to receive the recycling award. 1V. Consent Agenda: A. Approve Bills & Investments B. Approve City Council Minutes — May 8, 2007 C. Approve City Council Minutes -- May 15, 2007 D. Approve Gambling License for Stillwater Eagles Aerie 94 E. Approve 'Power Asphalt, Inc 1" Payment for 2007 Trail & Parking Lot Improvements E. Approve Purchase of Network Server, Computers and Projector G. Authorization to Receive Property (541 b Stagecoach Trail — the former "Bell Property") from the City's Economic Development Authority Councilmember Doerr requested that Item G. be pulled from. the Consent Agenda. Councilmember McComber, seconded by Councilmember Doerr, moved to approve Items A through h of the Consent Agenda as presented. Coucilmember Doerr questioned whether there needed to be a meeting with the Economic Development Authority prior to approving Item G. City Administrator .Johnson reported that he is seeking authorization to take the actions proposed in his request. The first action proposed is to schedule an Economic Development Authority meeting. Councilmember Abrahamson, seconded by Councilmember McComber, moved to approve Item G. Roll call vote taken. Carried 5- 0. Page 7 of 97 City Council Meeting Minutes May 22, 2007 Page 3 of 9 V. Public Hearings: None VI. Old Business: A. No Wake Lone Resolution — St. Croix River: City Administrator Johnson reported that he received an e-mail from James Gribble of the Washington County Sheriff's Office. Councilmember MCComber questioned enforcement of the no - wake zone. City Administrator Johnson states that the Washington County Sheriff's Office does enforce the area and they are essentially not supporting the proposal of a no -wake zone. Lynn Most, past president and current member of the Sunnyside Marina, informed the council that he has lived on the river his whole life, and has noticed that there are more boats and larger boats on the river today. He reported that the request for a no -wake zone is because of safety issues. There are gas docks along the marina, and gas could spill and explode. There have been six deaths and a number of accidents in that area which may or may not be associated with high wakes. He reported that he proposed tenuation plates, but the DNR would not allow it. Mark I_,isa, current president of Sunnyside Marina, reported that in 2002, they submitted a survey to 208 members of the marina on the issue of a no -wake zone. They had approximately 95 percent of their members respond to the survey. The results were: 74% were in favor, 9% were neutral, and 17% opposed a no -wake zone. Mr. Liska reported that at the September 2006 member meeting, they did not have enough information to present on the issue. At the May 12, 2007, member meeting, they had an overwhelming show of hands from members who supported the no -wake zone. Councilmember Swenson questioned whether they had 100 percent support from all members. Mr. Liska responded that it was not 100 percent but that there was an overwhelming show of support on the issue. Lynn Most questioned City Administrator Johnson on the Washington County Sheriff's Department's position based on the correspondence sent to him. City Administrator Johnson reported that they did not state that they do not support the issue, but that they raised several concerns. Councilmember Doerr questioned whether Sunnyside Marina contacted St. Croix County or St. Joseph's Township to obtain their positions. Mr. Most responded that they had not. Councilmember Swenson reported that he does not take issue supporting the no -wake zone for the Minnesota side of the river, but that ]-nay cause problems for the St. Croix County side of the river. Councilmember McComber questioned whether the DNR would support a causeway. Mr. Most responded that DNR will not allow it. Councilmember Swenson questioned Page 8 of 97 City Council Meeting Minutes May 22, 2007 Page 4 of 9 whether they would accept a 100 foot no -wake zone. Mr. Most responded that it would not be effective. Councilmember Doerr questioned whether there is a no - wake zone in place around the shoreline and docks. Mr. Most responded that there is a no -wake zone from the shorelines and docks extending out 100 feet. Mr. Most reported that Sunnyside Marina is just requesting a no -wake zone in front of theL marina, not the whole river. Mayor Beaudet, seconded by Councilmember Abrahamson, moved to approve the resolution. Councilmember Doerr questioned enforcement. He was concerned about where the Minnesota and Wisconsin line is separating sides of the river. Councilmember Abrahamson stated that it is his understanding that passing this resolution is simply showing support, not taking authority. Mayor Beaudet reported that enforcement is beyond the jurisdiction of the City of Oak Park Heights. Motion fails. Councilmember Swenson, seconded by Councilmember McComber moved to table the issue. Carried 4-1. Councilmember Swenson, seconded by Councilmember McComber, moved to authorize staff to schedule a worksession. Carried 4-1. Mayor Beaudet questioned the outcome if invitees did not appear. Councilmember Swenson stated he would interpret that as no support. The issue could be brought back at the next City Council meeting. B. 2008 Budget Pro op sats: Mayor Beaudet reported that the legislature has finished. The City will receive the market value credit funds this year for the first time. Mayor Beaudet, seconded by Councilmember Abrahamson moved to direct administration to account for normal inflationary increases and a 3% salary increase far the upcoming year. C. Reschedule of June 26, 2007, City Council Meeting: Councilmember Doerr reported that he and Councilmember McComber will be in Duluth for the League of Minnesota Cities conference the evening of Tuesday, June 26, 2007, so will not be able to attend the City Council meeting as scheduled. Councilmember Doerr suggests the meeting be rescheduled to Monday, June 25, 2007. Councilmember Abrahamson stated that he will not be able to attend on that date. Councilmember McComber suggested moving the meeting to Tuesday, June 19, 2007. Councilmember Swenson stated that he will be out of town on that date. Councilmember Abrahamson, seconded by Councilmember McCornber, moved to reschedule the June 26, 2007, City Council meeting to `Tuesday, June 19, 2007. D. City hall Facilities Needs & Assessment Report — Buetow &Associates: Randy Engel from Beutow & Associates gave a presentation. He reported that staff and council were interviewed and the City Hall facility was reviewed. He recommended a Deferred Maintenance Option which would consist of a review of rainwater runoff distribution, improving functions, providing accessibility, and replacing equipment. The recommendations are to increase parking, improve Page 9 of 97 City Council Meeting Minutes May 22, 2007 Page 5 of 9 flow of traffic through the site, and provide a new image for the building. He stated that the option will provide for keeping the existing chlorine room, water tower, public works garage, and pump. He stated that there are four options that can be modified and the subsections can be interchanged as needed. Mayor Beaudet reported that this issue will be brought up the budget worksession in July and requested that Mr. Engel meet with staff and council. E. Water Tower Improvement Project Update: City Attorney Vierling reported that the City contracted with Leadcon to improve upon the water tower. The work should have begun early spring and would have been done by June. City Attorney Vierling reported that according to Leadcon, a steel order could not be completed, so they requested a change order to the contract to complete the work in the fail. City Attorney Vierling reported that the City Engineer had requested verification that the steel order could not be completed. He reported that they have not provided that verification. He reported that other contractors were contacted to see if they could get the product and most places reported a one to two-week delay. Attorney Vierling is seeking a penalty provision if Leadcon cannot provide the verification requested. This matter will likely be presented at the next City Council meeting. Mayor Beaudet questioned City Attorney Vierling on whether the contract could be awarded to the next lowest bidder. City Attorney Vierling responded that there may be a problem securing another contractor this fall because of busy schedules. F. Acquisition of Property Adjoining Brekke Park: Mayor Beaudet reported that the wooded area southeast of Brekke Park was listed for sale and that the city has entered into a purchase agreement with the seller. I -Ie reported that they have riot resolved what will be done with the house that is on the property, but that will be an issue for the City Planner. Councilmember Doerr suggested the possible option of remodeling the house as a meeting facility. City Planner Richards reported that accessibility may be an issue. City Administrator Johnson reported that there is a home inspection scheduled for May 29, 2007, the well closure is planned for the next couple of weeks, and there is a meeting with the City Engineer's office for the Phase I environmental. study. Councilmember Abrahamson questioned if there is a tentative closing date set up. City Attorney Vierling reported that the tentative closing date is set for June 29, 2007. He stated that they will seek authorization from the council at the next City Council meeting to finalize the purchase. Mayor Beaudet reported that the funds used to purchase the property will come from the Park and Recreation Dedication Fund. G. Resolution Supporting an Application to the State -- 2008 Capital Appropriation — to Fund I-14ghway 36 South Frontage Road Reconstruction: Councilmember McComber requested that the resolution be changed to state, "Frontage Roads" because the City owns property on both sides of Highway 36. She also requested Page 10 of 97 City Council Meeting Minutes May 22, 2007 Page 6 of 9 that paragraph four of the resolution be amended to read, "... effecting the economic viability of local businesses, the area tax -base, and the safety of pedestrians and the motoring public." Mayor Beaudet, seconded by Councilmember McComber, moved to approve the resolution. Councilmember McComber, seconded by Mayor Beaudet, moved to amend the resolution to add "s" to road where listed on the resolution, and to add the language requested in paragraph four. Roll call vote taken. Carried 5-0. VII. New Business A. Receive Wal-Mart Grant: Police Chief Swanson reported that the Police Department had requested grants from Wal-Mart in June of 2006 for safety and crime prevention. He reported that they Police Department checked with Wal- Mart in August 2006 and were told that they had not yet made a decision. Ile stated that on May 11, 2007, the Police Department received a grant money check in the amount of $875.00. They were informed by Wal-Mart that the grant check was issued in August 2006 but had been misplaced. Councilmember Doerr, seconded by Councilmember McComber, moved to approve the resolution. Roll call vote taken. Carried 5-0. 13. Wal-Mart Foundation -Donation: Police Chief Swanson reported that as part of Wal -Mart's "Good Works" program, the City was chosen to receive a $3,000.00 donation. IIe reported that he received the check on Wednesday, May 16, 2007. Councilmember McComber, seconded by Councilmember Abrahamson, moved to approve the resolution. Mayor Beaudet reported that the donation is to be used for Party in the Park. Mayor Beaudet, seconded by Councilmember Abrahamson, moved to change the resolution to reflect the finds be used for Party in the Park. Roll call vote taken. Carried 5-0. C. 700 Mhz Radio System- Authorization to Make Purchase_ : Police Chief Swanson reported that is money in a fiend to purchase new radios. IIe reported that Motorola is offering a $300.00 rebate per unit. Police Chief Swanson stated that he has been in contact with the Washington County Sheriffs Office, and they have confirmed that the equipment is the right equipment needed. Police Chief Swanson requested authorization to use his discretion on purchase if he finds that the products meet their needs. Councilmember Abrahamson, seconded by Councilmember Swenson, moved to approve the request. Carried 5-0. D. Little Victories Daycare - Conditional Use Permit — 5595 Memorial Ave: City Planner Richards reported that there is a requirement that daycares have Conditional Use Permits. He reported that he has reviewed the site. Parking is not an issue and a fence is already installed. The sign permit has already been Page 11 of 97 City Council Meeting Minutes May 22, 2007 Page 7of9 applied for; however, there is an issue with the signage that needs to be corrected. Drainage plans will need to be reviewed by the City Engineer. City Planner Richards reported that landscaping should not be an issue with the City Arborist. Councilmember McComber, seconded by Councilmember Abrahamson, moved to approve the resolution. Roll call vote taken. Carried 5-0. John Whitcomb, owner of the building, came forward and requested that the zoning approval and building official approval be expedited for licensing. He reported that they already have people interested in signing up. City Administrator Johnson questioned whether they will accept a letter or if they need the actual Conditional Use Permit. Mr. Whitcomb responded that there is an actual form that needs to be completed. City Administrator Johnson requested that he submit whatever is needed to City Hall. Ann Whitcomb, owner of the daycare, came forward and stated that a zoning request was mailed to City Hall and was also hand -delivered to Building Official Butler. She requested that the approvals be faxed in order to expedite the matter: E. Waste/Ree clin Collection Price Adjustments. City Administrator Johnson reported that Veolia Environmental Services is requesting three increases to the current rates. He stated that the first request is a 1.65% increase on the total base fees. He stated that staff does not have an objection to that increase due to the raising fuel prices. City Administrator Johnson reported that the second request is an 11.75% increase in the disposal fee. He reported that staff does not have an objection to that increase. Ile reported that that percentage is subject to change based on the county tipping fees. City Administrator Johnson reported that the third request made by Veolia is an increase of $1.06 per month for handling CRT units. Ile reported that staff does not have enough information to support this request. He stated that staff requests more time to review the issue. City Administrator Johnson reported that lie conipared the City's rates with I3ayport's and Stillwater's, and Oak Park Heights is below both. He stated that the average person has a 60-65 gallon container which would mean a $5.XX increase per year. I -Ie stated that both Bayport and Stillwater have; single sort recyclmg. Mayo Rude of Veolia Environmental Services came forward and reported that they have held out on the issue of single sort recycling in the past because there had been reports of a high number of residuals. He stated that the company is ready to move forward and they want to explore the issue. He stated that there may be a cost savings for personnel because pickup for recycling would only be Page 12 of 97 City Council Meeting Minutes May 22, 2007 Page 8 of 9 every other week rather than weekly. He thought that there would be an increase in expenses for equipment, however. He was not sure if the two would balance out, but he stated he will put together some numbers and make a proposal. Councilmember McComber stated that the city does well in the recycling program, but that single sort recycling may encourage more residents to participate. Mayor Beaudet requested Veolia provide the city with the county's rate. Mr. Rude reported that CBC charges a percentage which he believed to be approximately 38%. He believed it is $68 to $69 to dispose of refuge. He stated that county residents subsidize a portion of the tipping fees. Mayor Beaudet requests a submission of the deduction in the fees if the City were to write Veolia a check. Councilmember McComber, seconded by Councilmember Abrahamson, moved to approve the 1.65% increase on the total base fees and 11.75% increase in the disposal fee, and to authorize staff to investigate further the request for increase in monthly charge for handling CRT units. Carried 5-0. Mayor Beaudet stated that the City has a choice on whether they want to subsidize the increase or pass the increase on to the residents. Councilmember Doerr suggested waiting until budget time to decide this. City Administrator Johnson reported that the rate increase will take affect on July 1, 2007, F. Signal Installation and Maintenance Agreement w/ Washington Count- 62nd Street and Osgood Avenue: City Administrator Johnson reported that the county is proposing to install traffic signal controls at the intersection of 62nd Street and Osgood Avenue. He reported that they will be paying for the installation. They are proposing a cost-sharing agreement for the monthly electrical fees. Councilmember Swenson is concerned about a crosswalk in the area. Mayor Beaudet questions lighting in the area. He stated that a streetlight should be placed on the new stoplight. Mayor Beaudet suggested that electrical outlets should be placed so that future streetlights can be added on without having to purchase separate meters. Mayor Beaudet, seconded by Councilmember McComber, moved to approve the resolution. Councilmember Swenson, seconded by Councilmember McComber, moved to add crosswalk all four ways, full cutoffs, and electricals to provide the opportunity to add on streetlights in the future. Roll call vote taken. Carried 5-0. Mayor Beaudet, seconded by Councilmember Doerr moved to authorize the Mayor and City Administrator to sign Agreement subject to approval of the City of Attorney. Carried 5-0. G. 2007 Crack Seal Contract for Streets and Parks: Councilmember McComber, seconded by Mayor Beaudet, moved to approve up to Page 13 of 97 City Council Meeting Minutes May 22, 2007 Page 9 of 9 $6,500.00 for seal coating the areas planned, the alley, and the Autumn Hills panting lot. VIII. Adjournment. Councilmember Abrahamson, seconded by Councilmember McComber, moved to adjourn at 8:43 p.m. Respectfully submitted, Jennifer Thoen Administrative Secretary Page 14 of 97 Approved as to Content and Form, Daviel Beaudet Mayor 0,"v, Oak Park Heights Request for Council Action CLOSURE '-3 Meeting Date June 19, 2007 Agenda Item Approve City Council Minutes — June u, 2oo7 Time Required 5 mins Agenda Placement Consent Agenda Originating Department/Requestor Administration jjennifer Thoen 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 15 of 97 CITY OF OAK PARK HEIGHTS 5:00 P.M. TUESDAY, JUNE 11, 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, Doerr, and McComber. Absent: Councilmember Swenson. Staff present: Administrator Johnson, City Attorney Vierling and Public Works Director Ozzello. II. Approval of 2007 Seal Coat Pro'ect: Councilmember Doerr questioned whether the Oren spur would be sealcoated. Public Works Director Ozzello confirmed that it would be. Councilmember McComber questioned the alley. Public Works Director Ozzello responded that he would come back to the council at a later date regarding the alley. Councilmember Doerr questioned whether Olinda would be seal coated. Public Works Director Ozzello reported that Olinda has other issues that need to be resolved prior to being seal coated. Mayor Beaudet, seconded by Councilmember McComber moved to approve the 2007 seal coat project. Carried 4 -- 0. III. Adjournment: Councilmember McComber, seconded by Councilmember Abrahamson moved to adjourn at 5:03 p.m. Carried 4 -- 0. Respectfully submitted, Approved as to Content and Dorm, Jennifer Thoen David Beaudet Administrative Secretary Mayor Page 16 of 97 4, Oak Park Heights Request for Council Action ENCLOSURE Meeting Date June 19, 200 Agenda Item Title Approve Tower Asphalt, Inc. 2nd Payment for 2007 Trail & Parking Lot Improvements Agenda Placement Consent Originating Department/Requestor Finance — Jud Holst Deputy Clerk Finance Director Requester's Signature Action Requested Approve 2nd payment request to Tower Asphalt, Inc. for the 2007 Trail & Parking Lot Improvements Background/Justification (Please indicate any previous action, financial implications including budget information and recommendations). See attached memo and pay request. Page 17 of 97 _5 Memo. To: Mayor and Council From: Judy Holst, Deputy Clerk/Finance Director Date: June 15, 2007 Re: 2007 Trail and Parking Lot Improvements Please accept for the June 19"' Council meeting agenda the attached request for payment to Tower Asphalt Inc. in the amount of $15,353.63 for the 2007 Trail and Parking Lot hnprovements project. The payment has been approved by engineering and reviewed by the Finance Department. The project is 84% complete. The Finance Department recommends approval of this payment. Thank You Page 18 of 97 Bonestroo ENG-.`I'N:E--",ER'S COPY Dwner: City of Oak Park Heights, 14168 Oak Park Blvd, Oak Pwk Heights, MN 55082 Date: lune 14, 2007 -or Period: 5/18/2007 to 6/14/2007 Request No: 2 wontractoc Tower Asphalt, Inc, 15001 Hudson Rd, PO Box 15001, Lakeland, MN 55043 CONTRACTOR'S REQUEST FOR PAYMENT 2007 TRAIL AND PARKING LOT IMPROVEMENTS BONFSTR00 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 Nand 7 Amount Earned 8 Less Retainage 5% 9 Subtotal 10 Less Amount Paid Previously 11 Liquidated damages - 1 Z AMOUNT DUE THIS REQUEST FOR PAYMENT NO Recommended for Approval by BONESTROO Approved by Contractor: TOWER ASPHALT C. f'P J) i UJq, Specified Contract Completion fate: Page 19 of 97 550-T146ORL02 As 93,705.75 $ 0.00 $ 0.00 $ 93,705.75 $ 78,462.18 $ 0.00 $ 78,462.18 $ 3,923.11 $ 74, 539.07 $ 59,185.44 $ 0.00 2 $ 15,353.63 Approved by Owner: CITY OF OAK PARK HEIGHTS Date: Page 20 of 97 5s071460M:02.As Contract Unit Current Quantity Amount No. Item Unit Quantity Price Quantity to Date to Date PART 1 -AUTUMN HILLS PARK TRAILS AND GRADING: 1 MOBILIZATION LS 1 885 00 1 $885 00 2 SITE: GRADING LS 1 700.00 1 $70000 3 SUBGRADE EXCAVATION CY 20 9 50 $0.00 4 GRANULAR BORROW TN 40 9 50 $0.00 5 AGGREGATE BASE, CLASS 5, 100% CRUSHED - TRAIL TN 95 13 90 87 $1,209 30 6 TYPE LV 4 WEARING COURSE MIXTURE (B) - TRAM TN 35 68.00 30.37 $2,065 16 7 SILT FENCE, PERMEABLE LF 200 3.65 $000 8 SEEDING, INCL SEED, FERTILIZER, MULCH AND DISK ANCHOR AC 0.2 484000 0 1 0 1 $484.00 TOTAL PART 1 - AUTUMN HILLS PARK TRAILS AND GRADING: $5,343.46 PART 2 - SWAGER PARK PARKING LOT: 9 SAWENG BITUMINOUS PAVEMENT LF 45 300 40 $120.00 10 REMOVE BITUMINOUS PATH SY 15 5 00 7 $35.00 11 SITE GRADING LS 1 120000 1 $1,200.00 12 SUBGRADE EXCAVATION c:Y 60 9 65 $0.00 13 GRANULAR BORROW TN 140 7 50 $000 14 AGGREGATE BASE, CLASS 5, 100% CRUSHED TN 500 13 90 422 $5,865.80 15 TYPE LV 3 NON WEARING COURSE MIXTURE (B) TN 85 59 65 83 33 $4,970 63 16 TYPE LV 4 WEARING COURSE MIXTURE (B) TN 85 6800 75 54 75 54 $5,136 72 17 D412 SURMOUNTABLE CONCRETE CURB AND GUTTER LF 365 1485 365 $5,420 25 18 BITUMINOUS MATERIAL FOR TACK COAT GAL 40 5 00 50 50 $250.00 19 24" CONCRETE VALLEY GUTTER LF 35 1600 32 $512 00 20 4" SOLID LINE, WHITE PANT LF 750 0 25 750 750 $187.50 21 PAVEMENT MESSAGE, HANDICAPPED SYMBOL - PAINT EA 1 25 00 1 1 $25 00 22 S€GN PANELS, TYPE C, HIGH INTENSITY SF 2 6000 $0.00 23 SALVAGE AND REINSTALL SIGN EA 2 95.00 2 2 $19000 24 STREET SWEEPER WITH PICK UP BROOM WITH OPERATOR HR 5 90.00 $000 25 SILT FENCE, PERMEABLE LF 150 3 65 93 $339 45 26 SEEDING, INCL SEED, FERTfLIZER, MULCH AND DISK ANCHOR AC 0 2 4840.00 0 2 02 $96800 TOTAL PART 2 - SWAGER PARK PARKING LOT: $25,220.35 PART 3 - SWAGER PARK TRAIL: 27 MOBILIZATION I.S 1 85000 1 $85000 28 REMOVE BITUMINOUS CURB LF 8 3.00 8 $24 00 29 SITE GRADING LS 1 600 00 1 $600.00 30 SUBGRADE EXCAVATION CY 15 9 50 $0.00 31 GRANULAR BORROW TN 55 9 50 $000 32 AGGREGATE BASE:, CLASS 5, 100% CRUSHED - TRAIL TN 65 13 90 60 15 $83609 33 TYPE LV 4 WEARING COURSE MIXTURE (B) - TRAIL 'IN 20 6800 20 $1,360.00 34 CONCRETE PEDESTRIAN CURB RAMP SF 102 4 50 112 $504.00 35 TRUNCATED DOME PANEL SF 48 35.00 48 S1,68000 36 4" SOLID LINE, WHITE PAINT l.F 120 0.25 120 120 $3000 37 SILT FENCE, PERMEABLE LF 50 5 00 30 $150.00 38 SEEDING, INCL SEED, FERTILIZER, MULCH AND DISK ANCHOR AC 0 2. 4840.00 0.2 0.2 $968.00 TOTAL PART 3 - SWAGER PARK TRAIL: $7,002.09 PART 4 - LINEAR PARK TRAIL: 39 MOBILIZATION LS 1 1950 00 1 $1,95000 40 CLEAR AND GRUB LS 1 1300.00 1 $1,30000 41 SITE GRADING LS 1 2200 00 1 $2,20000 42 SUBGRADE EXCAVATION CY 40 9.50 40 40 $38000 43 GRANULAR BORROW TN 80 8 S0 4684 $3,981 40 44 AGGREGATE BASE, CLASS 5, 100% CRUSHED - TRAIL 1N 400 13.90 350 $4,86500 45 TYPE LV 4 WFARENG COURSE MIXTURE (B) - THAI. TN 115 6800 115 46 $7,851 28 46 SILT FENCE, PERMEABLE LF 100 3 75 $0 00 47 SEEDING, INCL SEED, FERTILIZER, MULCH AND DISK ANCHOR AC 0 5 4840 00 0 5 05 $2,42000 TOTAL PART 4 - LINEAR PARK TRAIL: $24,947.58 Page 20 of 97 5s071460M:02.As No. Item PART 5 - OAKGREEN AVENUE N. TRAIL: 48 MOBILIZATION 49 CiEAR AND GRUB 50 REMOVE EXISTING TREE 51 SITE GRADING 57. SUBGRADE EXCAVATION 53 GRANULAR BORROW 54 AGGREGATE BASE, CLASS 5, 100% CRUSHED - TRAIL 55 TYPE LV 4 WEARING COURSE MIXTURE (8) - TRAIL 56 CONCRETE PEDESTRIAN CURB RAMP 57 TRUNCATED DOME PANEL 58 SALVAGE AND REINSTALL SIGN 59 STREET SWEEPER WITH PICK UP BROOM WITH OPERATOR 50 SEEDING, INCL SEED, FERTILIZER, AND WOOD FIBER BLANKET 61 B€OROLL TOTAL PART 5 - OAKGREEN AVENUE N. TRAIL: Contract Unit Current Quantity Unit Quantity Price Quantity to Date LS 1 115000 1 LS 1 350 00 1 EA 1 165.00 1 LS 1 1800.00 1 CY 20 9 50 20 20 TN 40 9 50 100 TN 125 1390 89 TN 35 68.00 35 SF 34 4.50 32 SF 16 35.00 16 EA 1 125 00 1 HR 5 90.00 1 3 SY 800 1.65 150 150 LF 30 5 00 ALTERNATE NO. 3 - SWAGER PARK PARKING LOT LIGHTING- LIGHTING FIXTURE TYPE 6: 95 LIGHTING FIXTURE EA 2 305000 96 CONCRETE LIGHT POLE BASE EA 2 63000 97 1 112" PVC CONDUIT J 175 5.65 98 412 AWG WIRE LF 360 0.95 99 POLE RISER EQUIPMENT EA 1 673 00 100 #2 AWG WIRE LF 120 2 55 101 CONCRETE EQUIPMENT PAD EA 1 525 00 102 LIGHTING SERVICE CABINET EA 1 459500 103 HANDHOLE EA 1 47000 TOTAL ALTERNATE NO. 3 - SWAGER PARK PARKING LOT LIGHTING - LIGHTING FIXTURE TYPE Q: TOTAL PART i -AUTUMN HILLS PARK TRAILS AND GRADING: TOTAL PART 7. - SWAGFR PARK PARKING LOT: TOTAL. PART .3 - SWAGER PARK TRAIL: TOTAL. PART 4 - LINEAR PARK TRAIL.: TOTAL. PART 5 - OAKGREEN AVENUE N TRAIL.: TOTAL ALTERNATE NO 3 - SWAGER PARK PARKING LOT LIGHTING - LIGHTING FIXTURE TYPE B: TOTAL WORK COMPLETED TO DATE Page 21 of 97 65O7146flRt-.02. xis Amount to Date $1,15000 $3S0 00 $165 00 $1,800.00 $19000 S95000 $1,237 10 S2,38000 5144.00 S56000 512 5.00 $270.00 $247 50 $000 $9,56-8.60 $000 2 S1,26000 $000 $o oo $000 $0 00 1 $525 00 1 1 $4,595 D0 $000 S6,38000 $5,343 46 $25,22035 $7,002 09 524, 947 68 $9,56860 $6,38000 $78,462.18 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 Pavment Retainaae Comoleted 1 04/02/2007 05/17/07 59,185 44 3,11502 62,300A6 2 05/18/2007 06/14/07 15,353.63 3,92311 78,462.18 Material on Hand Total Payment to Date $74,539.07 Original Contract $93,705.75 Retainage Pay No. 2 3,923.11 Change Orders Total Amount Earned $78,467. 18 Revised Contract $93,705.75 Page 22 of 97 55n7146orz1,Q2 xis Oak Park Heights Request for Council Action ENCLOSURE -5 Meeting Date June 1Q, 200 Agenda Item Title Pa ment Re uest # 7..Novak Ave. N. and Norwich Ave. N. Utili and Street Improvements Agenda Placement Consent Originating Department/Requestor Finance -- Judy Holst, Deputy Clerk/Finance Director Requester's Signature Action Requested Approve 7th payment request to Burschville Construction Inc. for Novak Ave. N. and Norwich Ave. N. Utility and Street Improvements Background/Justification (Please indicate any previous action, financial implications including budget information and recommendations). See attached memo and pay request. Page 23 of 97 c R, Memo;,E To: Mayor and Council From: Judy Holst, Deputy Clerk/Finance Director Date: June 15, 2007 Re: Novak Ave. N. and Norwich Ave. N. Utility and Street Improvements Please accept for the June 19'x' Council meeting agenda the attached request for payment to Burschville Construction, Inc. in the amount of $15,601.90 for the seventh payment for Novak Ave. N. and Norwich Ave. N. Utility and Street Improvements. The payment has been approved by engineering and reviewed by the Finance Department. The project is 83% complete. The Finance Department recommends approval of this payment. Thank you. Page 24 of 97 Al. 0'r Bonestroo ENGINEER'S COPY? )caner: City of Oak Park Heights, 14168 Oak Park Blvd, Oak Park Heights, MN 55082 Date: June 13, 2007 or Period: 2/1/2007 to 6/13/2007 Request No: 7 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 IJTIU]Y AND STREET IMPROVEMENTS PROJECI BONESTROO FILE NO 000055-05140-0 SUMMARY 1 Original Contract Amount 2 Change Order - Addition 3 Change Ordo-r - 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 a 'e Approver by Cant€actor. BUR CHVILLE CONSTRUCTION, INC. Specified Contract Completion Date: Page 25 of 97 55051'10REW xis $ 704,142.68 $ 156,151.41 $ 0.00 $ 860, 2 94.09 $ 710, 969.63 $ 0.00 $ 710,969.63 $ 35,548.48 $ 675,421.15 $ 629,819.25 $ 0.00 7 $ 45,601.90 Approved by Owner: CITY OF OAK PARK HEIGHTS Date: No. Item SECTION A - NOVAK AVENUE NORTH - PART 1 - SANITARY SEWER: 1 MOBILIZATION 2 TRAFFIC CONTROL 3 Contract Unit Current Quantity Amount Unit Quantity Price Quantity to ©ate to Date LS 1 350000 09 $3,15000 IS 1 250000 0.9 $2,250 00 CONNECT TO EXISTING SANITARY SEWER 8" PVC PIPE EA 1 50000 1 $500 00 4 CUT 6" SERVICE INTO 8" PVC EA 1 75000 1 $75000 5 6" PVC, SCFI 40 SERVICE PIPE LF 30 24 00 30 $720-00 6 6" PVC SANITARY SEWER, SDR 35, 10'-15' DEEP LF 45 2300 41 $943.00 7 8" PVC SANITARY SEWER, SDR 35, 10'-15' DEEP IF 610 2800 730 $20,440.00 8 8" PVC SANITARY SEWER, SDR 35, 15'-20' DEEP LF 90 3300 90 $2,970.00 9 4' DIAMETER SANITARY MH, 8' DEEP, INCL R-1642-8 CSTG & HDPE ADJ RINGS EA 3 185000 3 $5,550 00 10 4' DIAMETER SANITARY MANHOLE OVERDEPTH IF 15 2 11000 1 r> 08 $1,65880 11 CLOSED CIRCUIT TV INSPECTION LF 805 1.50 $000 12 IMPROVED PIPE FOUNDATION LF 400 001 $000 13 TEMPORARY ROCK CONSTRUCTION ENTRANCE TN 120 17 00 42 01 $714 17 TOTAL SECTION A - NOVAK AVENUE NORTH - PART 1 - SANITARY SEWER: $39,645.97 SECTION A - NOVAK AVENUE NORTH - PART 2 - WATER MAIN: 14 CONNECT TO EXISTING 12" WATER MAIN EA 2 250000 2 $5,00000 15 CONNECT TO EXISTING 8" WATER MAIN EA 2 2000.00 2 $4,00000 16 G" DIP WATER MAIN, CLASS 52 LF 86 2400 126 $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 52,100.00 19 12" DIP WATER MAIN, CLASS 52 LF 1640 3600 1632 558,752.00 20 6" GATE VALVE AND BOX FA 4 750 00 5 $3,750.00 7.1 8" GATE VALVE AND BOX EA Z 81500 3 $2,625.00 22 10" GATE VALVE AND BOX EA 1 120000 1 $1,20000 23 12" GATE VALVE AND BOX EA 4 150000 4 $6,000.00 24 INSTALL HYDRANT EA 3 200000 4 58,00000 25 12" X 12" TEE [A 2 50000 2 $1,000.00 2.6 12" X 10" TEf EA 1 55000 1 5550.00 27 12" X 8" TEE EA 2 49000 2 5980.00 28 12" X 6" TEE EA 3 475 00 4 51,900.00 29 8" X 6" TEE EA 1 30000 1 $300 00 30 8" X 8" TEE EA 1 32500 1 $325 00 31 10" 45 DEGREE BEND FA 4 275 00 4 $1,10000 32 12" 1125 DEGREE BEND EA 3 30000 3 $90000 33 12" 22 5 DEGREE BEND E:A 2. 31000 2 $620 00 34 6" PLUG EA 1 10000 1 5100.00 35 8" PLUG EA 3 125 00 3 $375 00 36 10" PLUG EA 1 15000 1 $150 00 37 6" FITTING RESTRAINT EA 5 2000 22 $440 00 38 8" FITTING RESTRAINT EA. 10 2500 15 $375 00 39 10" FITTING RESTRAINT EA 10 4200 5 $210 00 40 12" FITTING RESTRAINT EA 30 52 00 31 $1,612 00 41 IMPROVED PIPE FOUNDATION IF 400 001 S000 42 INSULATION, 2" THICK SY 75 1600 33 $52.800 TOTAL SECTION A - NOVAK AVENUE NORTH - PART 2 - WATER MAIN: $110,236.00 SECTION A - NOVAK AVENUE NORTH - PART 3 - STORM SEWER: 43 REMOVE: 12" RCP STORM SEWER PIPE LF 6 1500 ?_ 11 $31 65 44 REMOVE CAIC€I BASIN EA 1 300 00 1 $300.00 45 CONNECT TO EXISIING CE3IAH EA 1 350 00 1 $350 00 46 12" RCP STORM SEWER, CLASS 5, 0' -10' DEEP LF 430 2600 298 57,748.00 47 15" RCP STORM SEWER, CLASS 5, 0' -10' DEEP LF 850 2800 81.0 $22,960 00 48 21" RCP STORM SEWER, CLASS 4, 0' -10' DEEP 1.F 40 34 50 39 51,345 50 49 21" FLARED END SECTION, INCLUDING TRASH GUARD EA 1 1315 00 1 $1,315.00 50 ?'X 3' C8 W7R3290VB CASTING AND CONCRETE ADJ RINGS EA 5 110000 4 S4,40000 51 4' CASTING AND CONIC ADJ RINGS EA 6 1850 00 6 S11,10000 55595MOREQ7 x1s 107 LIGI-FPI60\27 of 97 EACH 2 660 00 1 S66000 5505140 RF07 xis Contract Unit Current Quantity Amount No. Item Unit Quantity Price Quantity to Date to Date S2 4' DIA STORM SEWER MH, 8' DEEP, INCL. R-1642-8 CSTG AND HDPE ADJ RINGS EA 1 185000 1 $1,850.00 53 4' DIAMETER STRUCTURE OVERDEPTH LF 3 5 12000 041 $49 20 54 CLASS III RANDOM RIPRAP CY 10 11000 682 $750.20 55 4" PVC DRAIN TILE, SDR 35 LF 100 900 160 S1,44000 56 SILT FENCE, PERMEABLE LF 100 Soo 170 585000 57 SEEDING, INCL SEED, FERTILIZER, AND WOOD FIBER BLANKET SY 35 Soo $000 TOTAL SECTION A - NOVAK AVENUE NORTH - PART 3 - STORM SEWER; $54,489.55 SECTION A - NOVAK AVENUE NORTH - PART 4 - STREET IMPROVEMENTS; 58 REMOVE BITUMINOUS PAVEMENT SY 90 625 $0 00 59 REMOVE CONCRETE CURB AND GUTTER LF 125 4 00 110 $44000 60 SAWING BITUMINOUS PAVEMENT LF 150 2 50 72 M000 61 ADJUST FRAME AND RING CASTING EA 1 40000 $0 00 62 ADJUST VALVE BOX EA 1 300.00 $000 63 EXTEND HYDRANT BARREI. LF 2 315.00 $0 00 64 VALVE BOX EXTENSION LF 3 50.00 $0 00 65 SUSGRADE EXCAVATION CY 300 625 1534 $9,587 50 66 SUBGRADE PREPARATION SY 9115 045 5734 $2,580.30 67 COMMON EXCAVATION - TRAIL OR SIDEWALK CY 390 7 25 1370 $9,932.50 68 AGGREGATE BACKFILL TN 7610 5 05 7571 $38,233.55 69 AGGREGATE BASE, CLASS 5, 100% CRUSHED TN 4760 1025 4795 $49,148 75 70 AGGREGATE BASE, CLASS 5, 100% CRUSHED - TRAIL- OR SIDEWALK TN 670 1050 666 $6,993.00 71 TYPE MV 3 NON WEARING COURSE MIXTURE (B) TN 810 44 00 660 $29,040.00 72 TYPE MV 3 NON WEARING COURSE MIXTURE (B) IN 1620 4400 1244 $54,736.00 73 TYPE MV 3 WEARING COURSE MIXTURE (E) TN 840 4520 $0 00 74 TYPE LV 4 WEARING COURSE MIXTURE (B). TRAIL IN 185 4550 158 $7,189 00 75 BITUMINOUS PATCHING SY 90 2600 SO 00 76 BITUMINOUS MATERIAL FOR TACK COAT GAL 115 3 10 400 S1,24000 77 PREPARATION OF BITUMINOUS BASE FOR WEAR PAVING LS 1 150000 05 $750 00 78 B618 CONCRETE CURB AND GUTTER IF 3485 900 3030 $27,270.00 79 CONCRETE PEDESTRIAN CURB RAMP SF 1000 Soo 4365 $3,492.00 80 TRUNCATED DOME PANEL SF 16C 4200 151 6 $6,367 20 81 G" CONCRETE DRIVEWAY PAVEMENT SF 6600 380 6142. $23,339.60 82 SIGN PANELS, TYPE C, HIGH INTENSITY SF 161 76 25 50 975 $2,486 2.5 83 4" PVC, SCEs 40,2 CONDUITS FOR PRIVATE UTILITY CROSSING IF 440 1100 $0.00 84 6" PVC, SCh 40, 1 CONDUIT FOR PRIVATE UTILITY CROSSING IF 220 12 00 $000 85 4" SOLID UNE, WI -111F PAINT IF 220 021 190 S39 90 86 4" DOUBLE SOLID LINE, YELLOW PAINT LF 420 040 237 594 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 $000 89 4" BROKEN LINE, YELLOW PAINT LF 1625 021 461 $9681 90 4" SOLID LINE, YELLOW [)AIN'T LF 2600 021 212.5 $446 25 91 PAVEMENT MESSAGE, RIGIIT TURN ARROW -PAINT EA 2 45 00 1 S45 00 92 PAVEMENT MESSAGE, LEFT TURN ARROW - PAINT EA 17 45 00 16 5720 00 93 4" SOLID LINE, WHITE EPDXY LF 220 038 $000 94 4" DOUBLE SOLID LINE, YELLOW EPDXY LF 420 0 75 SO 00 95 12" SOLID STOP LINE (BAR), WH€TE EPDXY LF 60 3 75 $000 96 12" SOLID LINE, YELLOW EPDXY LF 100 3 75 S000 97 4" BROKEN LINE, YELLOW EPDXY IF 1625 0 18 $000 98 4" SOLID LINE, YELLOW EPDXY IF 2600 040 S000 99 PAVEMENT MESSAGE, RIGHT TURN ARROW - EPDXY FA 2 9`.i 0O 10 00 100 PAVEIMENT MESSAGE, LEFT TURN ARROW - EPDXY EA 17 9500 $0 00 101 36" ZEBRA CROSSWALK, WHI I E EPDXY IF 50 11 00 S000 102 PROTECTION OF CATCH BASIN IN STREET EA 8 35000 11 $3,850 00 103 BOULEVARD GRADING HR 16 95 00 16 $1,520 00 104 SEEDING, INCE. SEED, FERTILIZER, AND WOOD FIBER BLANKET SY 7600 1 4C 8720 $12,20800 105 SODDING, LAWN TYPE WITH 4" OF TOPSOIL SY 2700 3 25 2549 $8,284.25 106 LIGHTING UNIT A EACH 2 2.700 00 $000 107 LIGI-FPI60\27 of 97 EACH 2 660 00 1 S66000 5505140 RF07 xis Contract Unit Current Quantity Amount No, Item Unit Quantity Price Quantity to Dale to Date 108 1 112" PVC CONDUIT, SCF! 40 LF 3540 3 60 3.380 $12,16800 109 48 AWG WIRE LF 20 1 00 $000 110 #6 AWG WIRE LF 5405 1 35 $000 111 #3 AWG WIRE LF 40 1 70 1000 112 EQUIPMENT PAD EACH 1 61000 1 $610 00 113 LIGHTING SERVICE CABINET EACH 1 4750 00 1 x,4,750 00 114 NYLON PULL CORD LF 1690 0.15 $000 115 PULL BOX EA 1 675 00 4 $2,700.00 TOTAL SECTION A - NOVAK AVENUE NORTH - PART 4 - STREET IMPROVEMENTS: $321,260.66 SECTION B - NORWICH AVENUE NORTH - PART 1 - STREET IMPROVEMENTS: 116 REMOVE BITUMINOUS PAVEMENT SY 740 4 25 756 $3,213 00 117 REMOVE CONCRETE CURB AND GUTTER LF 40 4 25 53 $225 25 118 SAWING BITUMINOUS PAVEMENT LF 40 2.50 72 $18000 119 CLEAN PLUGGED FES LS 1 325.00 $000 120 SUBGRADE EXCAVATION CY 100 6 75 $000 121 SUBGRADE PREPARATION SY 2325 0 45 2030 $913 50 122 AGGREGATE BACKFILL TN 1760 5 05 1095 15,529 75 113 AGGREGATE BASE, CLASS 5, 100% CRUSHED TN 1175 10-25 758 $7,769 50 124 TYPE LV 3 NON WEARING COURSE MIXTURE (B) 1N 265 44 30 22.4 55 $9,947.57 12.5 TYPE LV 3 WEARING COURSE MIXTURE (8) TN 280 45 30 $0.00 126 BITUMINOUS MATERfAL FOR TACK COAT GAL 70 3 10 $000 12.7 PREPARATION OF BITUMINOUS BASE FOR WEAR PAVING LS 1 150000 $0.00 128 SAW AND SEAL TRANSVERSE JOINTS IN BITUMINOUS WEAR COURSE LF 455 4 50 $0.00 129 8618 CONCRETE CURB AND GUTTER LF 1015 9.00 710 $6,390.00 130 6" CONCRETE DRIVEWAY PAVEMENT SF 2325 3 80 2219 $8,432.20 131 ADJUST FRAME AND RING CASTING EA 1 40000 2 $800 00 132 ADJUST VALVE BOX EA 1 300.00 $000 133 SIGN PANELS, TYPE C, HIGH INTENSITY SF 4 5 25 50 45 $114 75 134 4" PVC, SCH 40,2 CONDUITS FOR PRIVATE UTILITY CROSSING LF 190 11 00 $0.00 135 4" DOUBLE SOLID LINE, YELLOW PAINT LF 680 040 556 $222.40 136 4" DOUBLE SOLID LINE, YELLOW EPDXY LF 680 0 75 $000 137 SILT FENCE, PERMEABLE LF 50 5 00 $0.00 138 PROTECTION OF CATCH BASIN IN STREET EA 2 350.00 $000 139 SEEDING, INCL SEED, FERTILIZER, AND WOOD FIBER BLANKET SY 1270 1.40 500 $700.00 TOTAL SECTION B - NORWICH AVENUE NORTH - PART 1 - STREET IMPROVEMENTS: $44,437.92 ALTERNATE NO. 1 - LUMINARE TYPE FOR NOVAK AVENUE NORTH: 140 DEDUCT FOR LUMINAIRE TYPE B ON NOVAK AVE NORTH EA 2 -16000 $000 TOTAL ALTERNATE NO. 1 - LUMINARE TYPE FOR NOVAK AVENUE NORTH: $0.00 ALTERNATE NO. 3 - 60TH STREET NORTH AND NORWICH AVENUE NORTH LUMINAIRE: 146 LIGHTING UNF' A EACH 1 270000 S000 147 LIGHTING RASE EACH 1 66000 SOW 148 1 112" PVC. CONDUIT, SCH 40 LF 740 3 60 $000 149 116 AWG WIRE LF 2190 1 35 S000 TOTAL ALTERNATE NO. 3 - 60TH STREET NORTH AND NORWICH AVENUE NORTH LUMINAIRE: $0.00 ALTERNATE NO. 3A • LUMINAIRE TYPE FOR 60TH STREET NORTH AND NORWICH AVENUE NORTH LUMINAIRE: 150 DEDUCT FOR LUMINAIRE TYPE 8 EA 1 -16000 S000 Total ALTERNATE NO. 3A - LUMINAIRE TYPE FOR 60TH STREET NORTH AND NORWICH AVENUE NORTH LUMINAIRE: $0.00 CHANGE ORDER NO, 3 1 TYPE MV 3 NON WEARING COURSE MIXTURE (B) Tld 810 885 660 $5,84100 2 T Y P F MV 3 NON WEARING COURS#. MIXTURE (B) IN 1620 895 1289 $11,407 65 3 TYPE MV 3 WEARING COURSE MIXTURE (E) IN 840 8.85 S000 4 TYPE 1V 4 WEARING COURSE MIXTURE {8} - TRAIL TH 185 885 $000 5 TYPE MV 3 NON WEARING COURSE MIXTURE (B) TN 265 885 224 55 51,987 27 6 TYPE MV 3 WEARING COURSE MIXTURE (B) T NI 280 8.85 $000 Tor' 6bA28E8fQ1 NO.3 $19,235,92 55051,10RFQ7 As CHANGE ORDER NO. 6 1 FIELD INVESTIGATION OF SUB -TERRAIN LS 1 725.00 1 $725 00 2 REMOVE AND REPLACE 12" x 6" TEE FOR HYDRANT I.EAD REDIRECTING TO THE: WEST LS 1 2527.50 1 $2,527 50 TOTAL CHANGE ORDER NO. 6 $3,252.50 CHANGE ORDER NO. 7 1 REINSTALLATION OF CLASS 3 RIPRAP AS DESCRIBED ABOVE LS 1 2378.26 1 52,378.2.6 TOTAL CHANGE ORDER N0, 7 $2,378.26 CHANGE ORDER NO. 8 1 REMOVE AND REPLACE CONCRETE DRIVEWAY APRON SF 2605 1000 2605 2.605 526,05000 2 REMOVE AND REPLACE CONCRETE CURB LF 686 32 00 686 686 $21,952 00 TOTAL CHANGE ORDER NO. 8 $48,002.00 TOTAL SECTION A - NOVAK AVENUE NORTH - PART 1 - SANITARY SEWER' $39,645 97 TO1AL SECTfON A - NOVAK AVENUE NORTH - PART 2 - WATER MAIN: Contract Unit Current Quantity Amount No. Item Unit Quantity Price Quantity to Date to Date CHANGE ORDER NO. 4 TOTAL CHANGE ORDER NO 3 $19,235 92 TOTA1 CHANGE ORDER NO 4: $53,861 90 TOTAL CHANGE ORDER NO 5: 1 8" DIP SERViK1 PIPE, CL 52 M 150 2900 150 $4,35000 2 8" GATE VALVA: AND BOX EA 3 925 00 3 $2,775 00 3 12" X 8" TEE EA 3 520 BO 3 $1,560 00 4 8" PLUG EA 3 135.00 3 $405 00 5 8" FITTING RESTRAINT EA 3 27.00 i5 $405 00 6 12" FITTING RESTRAINT EA 6 56.00 6 S33600 7 COMMON EXCAVATION - TRAIL OR SIDEWALK CY 390 7.50 1370 $10,2.75 00 8 AGGREGATE BASE, CLASS 5, 100% CRUSHED TRAIL OR SIDEWALK TN 670 1620 666 $10,789 20 9 TYPE LV 4 WEARING COURSE MIXTURE (8) - TRAIL TN 185 5900 159 53,381 00 10 AGGREGATE BACKFILL TN 115 5 05 $000 11 AGGREGATE BASE, CLASS 5, 1001/1c CRUSHED TN 120 10 25 1061 $1,087 53 12 TYPE MV 3 NON WEARING COURSE MIXTURE (B) TN 25 52.85 5000 13 TYPE MV 3 NON WEARING COURSE MIXTURE (B) TN 45 52.85 45 S2,37825 14 CONCRETE PEDESTRIAN CURB RAMP SF 756 825 4365 $3,601 13 15 TRUNCATED DOME PANEL SF 144 4300 1516 $6,51880 TOTAL CHANGE ORDER NO.4 $53,861.90 CHANGE ORDER NO. 5 1 REMOBILIZATION L.S 1 575000 1 $5,75000 2 REMOVE AND REPLACE CONTAMINATED CLASS 5 BASE i.S 1 440000 1 $4,40000 3 ADDITIONAL COST FOR HIGH EARLY CONCRETE CURB AND GUTTER LF 1015 1 16 710 $823 60 4 ADDITIONAL COST FOR HIGH EARLY CONCRETE DRIVEWAY PAVEMENT SF 2325 0.39 2219 $86541 5 INSULATED BLANKET FOR DRIVEWAY PAVEMENT SF 232.5 1.05 2219 $2,329 9`.i TOTAL CHANGE ORDER N0, 5 $14,168.96 CHANGE ORDER NO. 6 1 FIELD INVESTIGATION OF SUB -TERRAIN LS 1 725.00 1 $725 00 2 REMOVE AND REPLACE 12" x 6" TEE FOR HYDRANT I.EAD REDIRECTING TO THE: WEST LS 1 2527.50 1 $2,527 50 TOTAL CHANGE ORDER NO. 6 $3,252.50 CHANGE ORDER NO. 7 1 REINSTALLATION OF CLASS 3 RIPRAP AS DESCRIBED ABOVE LS 1 2378.26 1 52,378.2.6 TOTAL CHANGE ORDER N0, 7 $2,378.26 CHANGE ORDER NO. 8 1 REMOVE AND REPLACE CONCRETE DRIVEWAY APRON SF 2605 1000 2605 2.605 526,05000 2 REMOVE AND REPLACE CONCRETE CURB LF 686 32 00 686 686 $21,952 00 TOTAL CHANGE ORDER NO. 8 $48,002.00 TOTAL SECTION A - NOVAK AVENUE NORTH - PART 1 - SANITARY SEWER' $39,645 97 TO1AL SECTfON A - NOVAK AVENUE NORTH - PART 2 - WATER MAIN: 5110,236 00 TOTAL. SECTION A - NOVAK AVENUE NORTH - PART 3 - STORM SEWER' $54,489 55 TOTAL SECTION A - NOVAK AVENUE NORTH PART 4 - STREET IMPROVEMENTS: S321,26066 TOTAL SECTION B - NORWICH AVENUE NCRIIH - PARK 1 - STREET IMPROVEMENTS: $44,437 92 TOTAL ALTERNATE NO. I LUMINARE TYPE FOR NOVAK AVENUE NORTH: W 00 TOTAL ALTERNATE NO 3 - 601H STREET NORTIi AND NORWICH AVENUE NORTH LUMINAIRE: 5000 TOTAL ALTERNATE NO 3A - LUMINAIRE TYPE FOR 6011.1 STREET NORTH AND NORWICH AVENUE NORTH LUWNAIRE: S000 TOTAL CHANGE ORDER NO 3 $19,235 92 TOTA1 CHANGE ORDER NO 4: $53,861 90 TOTAL CHANGE ORDER NO 5: S14,16896 TOTAL CHANG1_ ORDER NO 6: $3,2.52 :i0 TOTAL CHANGE ORDER NO 7: 52,378 2.6 TOTAL. CHANGE ORDER NO 8: $18,00200 Page 29 of 97 55051 A DRE 07 x!s PROJECT PAYMENT STATUS OWNER CITY OF OAK PARK HEIGHTS BONESTROO FILE NO, 400055 05140 0 CONTRACTOR BURSCHVILLE CONSTRUCTION, INC. CHANGE ORDERS No. Date Description Amount 1 5/12/2006 phis 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 08/180006 09/07!06 119,267.03 compensation to the Contractor for this change. See Change Order. 391,762.75 2 7/6/2006 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 7/14/2006 This Change Order provides for compensation to the Contractor for the 81,183.35 32,39310 647,861.99 increase in hiturninous costs. See Change Order. $35,400.00 4 711712.006 This Change Order provides for additional work for this project. See 662,967.63 7 07./Oi1ZD07 Change Order. $ 52,443.2.5 5 12/13/2006 This Change Order provides for compensation to the Contractor for 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 Change Order. $3,252.50 7 1/31/2007 This Change Order provides for additional work on this project, See 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 Total Change Orders $156,151.41 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 08/180006 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 32,39310 647,861.99 6 12/22/2006 01/31/07 14,350.36 33,148.38 662,967.63 7 07./Oi1ZD07 06/13/07 45,601.90 35,548.48 710,969.63 Material on Hand Total Payment to Date $675,421.15 Original Contract 4704,142.68 Retainage Pay No. 7 35,548.48 Change Orders $156,151.41 Total Amount Earned 4710,969.63 Revised Contract $860,294.09 rage OU OT y i 550514012F07 xis Oak Park Heights Request for Council Action EWLOSURE Meeting Date June 19`x' 2007 Time Required: 1 Minute Agenda Item Title. Approve..LG220 Lawful Gambling Permit — Children's Cancer Research Fund Agenda Placement Consent Agenda � _— Originating Requester's Signature Action Requested Background/Justification (P bodies have advised): Gambli indicate if any previous action has been taken or if other public To accommodate the applicants timing, at this time staff recommends approval of the application for LG220 Lawful Gambling Permit, subject to the final verification and approval of the Chief of Police. Page 31 of 97 JUN. 1.2007 12:11PM CCRF Phone. 952-893-9355 Fax: 952-893-9366 www.childrenscancer.org 7801 Last Bush lake Road, Suite 130 Minneapolis, MN 55439-3152 March 9, 2007 Eric A. Johnson City of Oak Park Heights 14168 Oak Park Blvd. N. P.O. ]Box 2067 Oak Park Heights, MN 55082 Dear Mr. Johnson, N0, 650 P. 2 Children's Cancer Research Pund On behalf of Children's Cancer Research Fund (CCRF), I am requesting pernrission from the Oak Park Heights City Council to allow CCRF to hold the 5 annual Scott: Ganda fundraising raffle at the Stone Take Restaurant in Oak Park Heights. The raffle drawing will take place on Thursday, August 16, 2007 and tickets will be sold for $2,00 each. I assure you and the City Council that CCRF will follow all standard rules of exempt gambling set forth by the Minnesota Gambling Control Board. Children's Cancer Research Fund is dedicated to funding a cure for childhood cancer, a serious illness that affects hundreds of children each year. In order to achieve this goal Children's Cancer Research Fund provides £ending to the University of Minnesota for research and training related to the prevention, treatment, and cure of childhood cancer, supports quality -of -life programs for pediatric cancer patients and their families, and educates the public about childhood cancer. Thank you in advance for your consideration of this request. Please contact Jim Leighton, Director of Events & Programs, at 952-224-8484 with any further questions. You may fax the form back to our office at 952-893-9356. Sincerely, John Hallberg CEO Page 32 of 97 JUN. 1.2007 12:11PM CCRF Minnesota Lawful Gambling �TaZoC� 1 4i W, 6 5 0 . P. 3 Page 1 of 2 2147 LG220 Application for Exempt Permit ForeoardUseonly Fee Paid An exempt permit may be issued to a nonprofit organization Fee $50 conducting tawful gambling activity on five orfewerdays, and awarding less than $50,000 in prizes durings a calendaryear, for each event Check Na. ORGANIZATION INFORMATION Organization name Previous lawful gamblin exemption number �. % Type of nonprofit organization. Check {) one. ❑ Fraternal ❑ Religious ❑ veteran Other nonprofit organization Mailing address City Sfate2ip Code County i cue W ' t1 Name of chief executive officer (CBO) Daytime phone number First name Last name PROOF OF NONPROFIT STATUS Type of proof of nonprofit status, Check (-� one. Attach a copy (see below) ❑ Nonprofit Articles of Incorporation or Certificate of Good a`fanding - Minnesota Secretary of State's Office Internal Revenue Service Afriliate of parent nonprofit organization (charter) Proof previously submitted and on file with the Gambling Control Board Sales tax exempt status or federal ID employer numbers are not proof of income tax exempt status. Minnesota Secretary of State IRS Income Tax Exemption certificate of Good standing 4r UndeL51 gaaloonal _organization - If your organization falls under a national organization, attach both of the following: Nanpratt Artigles_of jacomoration 1. a copy of the IRS letter showing that your national organization has been Attach a copy of your organization's Certificate of,Good Standing (317A) a registered nonprofit 501(c) organization and carries a group ruling, and showing incorporation as a 2, a copy of the charter, or letter from your national organization, recognizing nonprofit organization. OR your organization as a subordinate. This certificate can be obtained Not under a naYonal organization - If your organization does not fall under a from: national organization, attach a copy of the IRS income tax exemption Minnesota Secretary of State [501(c)) letter in your organization's name. To obtain a copy of your federal Business Services Division income tax exempt letter, send your federal ID number and the date your 180 State Office Building organization initially applied for tax exempt status to: St. Paul, MN 55155 IRS Phone: 651-296.2803 P.O. Box 2505 Room 4010 Cincinnati, OH 45201 GAMBLING PREMISES INFORMATION Name of premises where gambling activity will be conducted (for raffles, list the site where the drawing will take place) Address (da not use PO box) City Zip Code Caunty Date(s) of activity (for raffles, indicate the date of the drawing) Check the box or boxes that indicate the type of gambling activity your organization will be conducting: Q 'Bingo � Raffles ❑ "Paddlewheels ❑ 'Pull -Tabs ❑ 'Tipboards "Gambling equipment for pull -tabs, t pboards, paddlewheels, and bingo (bingo paper, hard cards, and bingo number selection device) must be obtained from a distr?butor licensed by the Gambling Control Board. To find a licensed distributor, go to www.gcb.state,mn.us and click on List of Licensed Distribubars. Or call 651-639-4000. Page 33 of 97 7 5Io J JI"1. 1.2007 12:12PM CCRF LG220 Application for Exempt Permit LOCAL UNIT OF GOVERNiVIENT ACKNOWLEDGMENT N0. 650 P. 4 Pagb 2 of 2 uo7 If the gambling premises is within city limits, If the gambling premises is located in a township, both the city must sign this application. the county and township trust sign this application. Check (4) the action that the city is taking on Check, (4) the action that the county is taking on this application. this application. _'the application is acknowledged with no waiting period. The application is acknowledged with no waiting period. The application is acknowledged with a 30 day waiting ---The applicatlon is acknowledged with a 30 day waiting period, and allows the Board to issue a permit after 30 period, and allows the Board to issue a permit after 30 days. days (60 days for a 1st Gass city). The application is denied, ___ The application is denied. Print name of city On behalf of the city, 1 acknowledge this application. Signature of city personnel receiving application Title fate / l Print name of county On behalf of the county, 1 acknowledge this application. Signature of county personnel receiving application Title Date._l__ TOWNSHIP; Onbehnifofthe township,lacknowledge that the organizatlon is applying for exempted gambling activity within the township limits, (A township has no statutory authority to approve or deny an application (Minnesota Statute 349.213, subd.2).] Print name of township Signature of township official acknowledging application Title Date 1 1 CHIEF EXECUTIVE OFFICER'S SIGNATURE The information provided in this appli lion is cram leto and a rat ho best of my knowledge. l acknowledge that the financial report will be comp ed and 1 d� the So of the date of our gambling activity. Chief executiveofficer'ssignature ._--Y Mame (please print) D d date 1_ L!27 Complete an application for each gambing activity: one day of gambling activity two or more consecutive days of gambling activity • each day a raffle drawing is held Send with the completed application: • a copy of your proof of nonprofit status, and • $50 application fee, Make check payable to "State of Minnesota", To: Gambling Control Board 1711 west County Road B. Suite 300 South Roseville, MN 55113 Data privacy. This form will be made available in altenn t&s format (Le. large print, Braillc) upon request. The information requested on this form (and any attachments) will be used by the Gambling Control Board (Board) to determine your quslifeations to be involved in lawful gambling activities in Minnesota, You have the Nhtto refuse to supply the information requcstmd; however, if you refuse to supply INS information, the Board may not be able to determine your qualifications and, as a consequence, may refuse to issue you a permit. If you supply the Information requested, the Board will be able to process your application. Page 34 of 97 Financial report and recordkeeping required A financial report form and instructions will be sent with your permit, Within 30 days of your date of activity the financial report form roust be completed and returned to the Gambling Control Board. Questions? Call the Licensing Section of the Gambling Control Board at 651-639-1076, if you use a TTY, call the Board by using the Minnesota Relay Service and ask to place a at to 651-639-4000. Or, check our wob site at wvvw.gcb.state,mn.us. Your name and and your organization's name and address will be public information wnen received by the Soard. All the other information that you provide will be prlvatc data about you until the Board Issues your permit, When the Board issues your permlt, all of the information thatyou have provided to the Board in the process of applying for your permit will become public. If the Board does not issue you a perrnit, all the information you have provided in the process of spply'mg for a portrait remains private, with the emptlon of your name and your organtuvon's name and address which will remain public, Privato data about you are available only to the following: Loard members, staff of the Board whose work assignment requires that they have access to the informe6on; the Minnesota Department of Public Safety; the Minnesota Attorney General; the Minnesota Commissioners of Administrolion, Finance, and Revenue; the Minnesota Legislative' Auditor, national and International gambling, regulatory agendes; anyone pursuant to coup order: other individuals and agencies that are specifically authorized by state or federal law to'. have access to the Information; individuals and agendas for which law or legal order authorizes a new use or sharing of Information after this Nolioe was glvem and anyone with your nsent. 4.. Oak Park Heights Request for Council Action ENCLOSURE -7 Meeting Date June 19`h 2007 Time Required: 1 Minute Agenda Item Title: Approve Years of Service Awards — 30 Years: Chief Lindy Swanson and Public Works Foreman Jeff Kellogg, 15 Years: Building Official Jim Butler Agenda Placement Consent Agenda. Originating Department/Requestor Eric Johnson City Administrator Requester's Signature Action Requested Approve Recommendation as below Background/Justification (Please indicate if any previous action has been taken or if other public bodies have advised): Pursuant to City Resolution 07-02-09, the City does provide an incentive recognition award in an amount/value of $300.00 for a City employee who completes 30 consecutive years of employment. At this time, Police Chief Lindy Swanson and Public Works Foreman Jeff Kellogg (September) have achieved this status. In addition to the 30 year award, pursuant to City Resolution 07-02-09, the City does provide an incentive recognition award (plaque) for a City employee who completes 15 consecutive years of employment_ At this time, Building Official Jim Butler has achieved this status. No additional City Council action is necessary for the 15 year award. Recommendation: I would recommend that the City's award for 30 y(�ars of servive be. that issuance of a gift certificate to the store of their choice in the amount of 53.00.00 and that 6o -Til Gf thl--Nt : r.r=mss 1;3 fvrxk>a by ;r;°4adsj at -k I;mploy� Recognition Dinner typically held at the end of the year. Page 35 of 97 CITY OF OAK PARK HEIGHTS RESOLUTION 07-02-09 A RESOLUTION ESTABLISHING A COUNCIL POLICY FOR EMPLOYEE RECOGNITION FOR YEARS OF SERVICE WHEREAS, this City Council determines that it is appropriate that the City, on behalf of the community, recognize those city employees who have provided continuous service to the City of Oak Park Heights; and, WHEREAS, the City Council determines that the appropriate form of recognition is in the manner provided for herein; and, WHEREAS, the City Council recognizes that employee recognition is an individualized judgment of this and future councils and may be subject to modification by the Council at such times and in such manner as the Council then may so choose; and, WHEREAS, the concept of employee recognition as provided for herein is in gratitude for the years of service and is not considered an element of employment with the City of Oak Park Heights. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL FOR THE CITY OF OAK PARK HEIGHTS AS FOLLOWS: That this City Council does hereby put a policy in place providing for employee recognition in the following manner: (a) For those employees who have been with the City for a period of five consecutive years of employment, they shall be provided a pen by the City of Oak Park heights. (b) For those employees who have been with the City for a period of ten consecutive years of employment, they shall be provided a half day of vacation. (c) For those employees who have been with the City for a period of fifteen consecutive years of employment, they shall be provided a plaque recognizing their employment service to the City of Oak Park Heights. (d) For those employees who have been with the City for a period of twenty consecutive years of employment, they shall be provided one day of vacation. (e) For those employees who have been with the City for a period of twenty-five consecutive years of employment, a suitable item with a value of $250.00 will be selected by the City !administrator with the advice and consent of the City Council, which item will be presented to the employee. Page 36 of 97 ( For those employees who have been with the City of a period of thirty consecutive years of employment, a suitable item with a value of $300.00 will be selected by the City Administrator with the advice and consent of the City Council, which item will be presented to the employee. Passed by the City Council of Oak Park Heights this 6th f February, 2007. vi d and , Mayor Page 37 of 97 This Page Is Left Intentionally Blank. Page 38 of 97 Oak Park .Heights Request for Council Action ENCLOSURrg -8 Meeting Date June I9`h, 2007 Time Required: 3 Minutes Agenda Item Title: Water Tower #1 Rehabilitation Agenda Placement Originating Requester's Signature Action Requested A Background/Justification/PleAse indicate if any previous action has been taken or if other public bodies have advised): �, As the City Council is aware, there was a timing issue raised by the contractor (LeadCon) who awarded the contract to perform the Water Tower #1 rehabilitation by late June. LeadCon indicated that it could not secure the necessary prefabricated steel parts as specified under the contract in a timely fashion to meet the required dates. The City on numerous occasions requested that LeadCon produce documentation of when such steel was ordered. (That information was finally provided approximately two weeks after it was initially requested). The data supplied form the steel provider (General Construction Services) does appear to be sufficient to indicate that the steel was promptly ordered by LeadCon and that the fabrication time would indeed delay the project beyond the required dates beyond the general control of LeadCon. At this time the City has agreed to consider a Change Order (see attached) that would amend the dates from late June to an early fall timeline (Sept 5'h to Oct 19`x'), as further summer implementation of this project is not possible with heavy public water use. In further consideration of this revised timeline, the City will be receiving a deduct in the amount of $2,000 as well as enhanced penalties being placed on LeadCon for non-performance should they not meet the above dates. Considering the above, the staff recommendation at this time is to approve Change Order 41. Page 39 of 97 2335 Highway 36 W St. Paui, MN 55113 Tel 651-636-4600 Fax 651-636.1311 wsaro4,.bonestro0.c0m lune 1, 2007 .� P Y Bonestroo LeadCon, Inc 163 Riverview Acres Road Hudson, Wi 54016 Attn: Kevin Adkins _.....-_.._._.. Re: Oak Park Heights, Minnesotan" 'W Oak Park Heights 250,000 Gallon Elevated Tank Repaint Project Project No, 000055-07147-0 Dear Kevin: Attached is Change Order No. 1 for the above referenced project with the change in contract time. The change order also includes a deduct to the contract of $2,000 as agreed between you and the City. Please sign all four copies and send them back to us and we will submit it to the City Council for approval. Please feel free to contact me at 651-604-4881 if you should have any questions, Sincerely, BONESTROO G Timothy L. Grinstead Project Manager cc: EriC Johnson, City of Oak Park Heights Tom Ozzello, City of Oak Park Heights Mark Vierling, City Attorney MRR, DMP, file St. Paul St, Cloud Rochester Milwaukee Chicago A&. Ir Bonestroo )wner. City of Oak Park Heights, , 14168 Oak Park Blvd, Oak Park Heights, Date June 1, 2001 -ontractor: LeadCon, Inc., P.O. Box 907, Hudson, WI, 54016 3ond Company: Bond No: CHANGE ORDER NO. 1 OAK PARK HEIGHTS 250,000 GALLON ELEVATED TANK REPAINT BONESTROO FILE NO. 000055-07147-0 Description of Work This Change Order is for a change in contract time. CHANGE ORDER NO. 1 This change order is required to modify the project working and completion dates from the spring to the fall and the implementation of liquidated damages if not completed by the new completion date. Work on this project shall begin on September 5, 2007 and all work shall be completed by October 19, 2007. Should the Contractor fail to complete the project by the October 19, 2007 completion date, the Contractor agrees to be assessed a $2,000 per day penalty for each day beyond project completion. If the Owner is able to allow LeadCon on the site prior to the September 5th Date, they will make all efforts to allow this, but this has many variables and cannot be guaranteed. The Contactor hereby also agrees to a price reduction of $2,000 in additional consideration for the revised dates. Contract Unit Total No. item Unit Quantity Price Amount 1 CHANGE IN CONTRACT TIME LS 1 ($2,000.00) 2,000.00) TOTAL CHANGE ORDER NO. 1 Page 41 of 97 000055-07147.0 C01.xls ($2,000,00) Original Contract Amount $296,650.00 Previous Change Orders $0.00 This Change Order -$2,000.00 Revised Contract Amount (including this change order) $294,650.00 CHANGE IN CO NTRACT TIM ES Original Contract Times: Substantial Completion (days or date): 20 -Jun -07 Ready for final Payment (days or date): 3 -Jul -07 Increase of this Change Order: Substantial Completion (days or date): 19 -Oct -07 Ready for final Payment (days or date): 19 -Oct -07 Contract Time with all approved Change Orders; Substantial Completion (days or date): 19 -Oct -07 Ready for final Payment (days or date): 19 -Oct -07 Recommended for Approval by: BONESTROO Approved by Contractor: LEADCON, INC. Date cc: Owner Contractor Bonding Company Bonestroo & Assoc. Page 42 of 97 000055-07147.0 COI -XIS Date: Approved by Owner: CITY OF OAK PARK HEIGHTS Date 01' Oak Park Heights Request for Council Action ENCLOSURE -9 Meeting Date June 19`h 2007 Time Required: 5 Minutes Agenda item Title: STH 36 Frontage Roads --- MNDOT Response — Agenda Placement Old Business Originating Department/Requestor Councilmember McComber Requester's Signature Action Requested Continued Discussion Background/Justification (Please indicate if any previous action has been taken or if other public bodies have advised): In April 2007, the City did send correspondence to MNDOT requesting that they take prompt action to address the condition of the frontage roads. MNDOT has responded in the attached letter. Council should discuss and consider next steps. Page 43 of 97 ,HNESO" 0 D y� x � OF TO Minnesota Department of Transportation Transportation Building 395 John Ireland Boulevard Saint Paul, Minnesota 55155-1899 May 29, 2007 Mr. Eric Johnson City Administrator City of Oak Park Heights 14168 Oak Park Boulevard Box 2007 Oak Park Heights, MN'55082 JUN - 1200( RE: 60th Street North (South Frontage Road — STH 361n The City Of Oak Park Heights) Dear Mr. Johnson: This is in response to your correspondence regarding the condition of Goth Street along the south side of Highway 36 in Oak Park Heights. 1 understand the city's concern with the condition of this street and the importance of this roadway to the city's businesses and residents. Although Minnesota Department of Transportation currently owns and maintains this roadway, it serves primarily a local function. While Mn/DOT has ownership of this roadway, we do have to balance our finite resources amongst all of our transportation facilities, with the most needs being exhibited by the more heavily traveled roadways, such as TH 36. Our Metro District staff has provided information previously to the city regarding how we prioritize repairs and improvements based on needs and roadway function when considering where to allocate our limited transportation resources. We will continue to do our best to make repairs when needed on all of our roadways. The reconstruction of Highway 36 and the north and south frontage roads in this area are part of the future new river crossing project. Reconstruction of 60th Street is the best long-term solution to the issues raised in your letter, because it replaces the street, builds a wider road section, provides a new drainage system, and other key upgrades such as improved operations at the intersections. Due to the local roadway functionality, Mn/DOT plans to turn the north frontage road in this area back to the City of Stillwater. Likewise, we will also propose to do the same with the south frontage road, turning the road back to the City of Oak Park Heights after completing the river crossing project and the frontage road work. You state, in your letter, that "to date, no actions have been taken to address the serious problems of this roadway." Our maintenance forces have been very diligent in repairing pot holes and other maintenance issues as they Page 44 of 97 An equal opportunity employer Eric Johnson May 29, 2007 Page 2 develop and are reported to the department. Our maintenance staff, once a pothole has been reported, typically repairs them within 24 hours. This is subject to other demands and priorities but in general is a goal that is obtained. In fact, our Minnesota Department of Transportation maintenance crews filled holes on 60th Street the same week your photos were taken. We will continue to fill the holes as conditions require and we are made aware of them. Our maintenance staff believes they can provide a safe driving condition on the frontage roads with the current approach of patching and repairing the roadway as needed. However, an interim approach might be more prudent to the city and Mn/DOT, until the long-terra solution can be implemented. If the city would like to pursue an interim approach, a mill and overlay project could be pursued in the near term which would improve the driving surface. Mn/DOT would do a mill and overlay project with state forces as part of our maintenance program. This option is conditioned, however, on the city taking on additional maintenance responsibilities for 60th Street from Norell Avenue to the area east of Osgood Avenue, A Maintenance Agreement would be. needed between the city and state defining responsibilities prior to starting the mill and overlay project. This agreement would not change the plans to reconstruct 60th Street as part of the St. Croix River Crossing project. A mill and overlay project would help meet the city's needs for the roadway, reduce the amount of maintenance resources Minnesota Department of Transportation allocates to this roadway, and would allow the city to prioritize any future maintenance needs on your roadway system.. We can also address the drainage issue raised in your letter by installing "No Parking" signs along the north side of 60th Street. The drainage problems are caused by large vehicles parking on the shoulders. These roadway shoulders were not designed for parking and this is causing further deterioration of the roadway. I understand these restrictions were pursued before to correct this problem but the city was opposed to the loss of parking. This is an issue we would need to work out together. In addition, during preparation of this letter, we came across Cooperative Construction Agreement No. 76528 (attached). This 1999 agreement between the City of Oak Park Heights and Minnesota Department of Transportation added additional improvements that the city requested to the 58th St/Highway 5 intersection to a Minnesota Department of Transportation project at the Highway 5136 interchange. In the agreement, the city agreed to maintain the southeast frontage road between 58th Street and Norell Avenue after construction was completed. Somehow, this condition in the agreement has been overlooked and Minnesota Department of Transportation has been maintaining the southeast frontage road. In accordance with this agreement, we will work with the city to have your forces assume maintenance responsibility for this roadway. Page 45 of 97 Eric Johnson May 29, 2007 Page 3 We will continue to provide a safe driving condition on the frontage roads by patching and repairing those roadways as needed. But if the city would like to pursue the interim option described above, or if you have additional questions, please contact Nick Thompson, East Area Manager at 651/234-7728 or nickjhoin pson(i;dot.state.nln.us to begin the process. We would be happy to work with you on resolution of these issues. Sincerely, Carol Molnau Lt. Governor/COmrnissioner Cc: Governor Tire. Pawlenty Senator Kathy Saltzman Representative Julie Bunn Nick Thompson, Mn/DOT Beverly Farraher, Mn/DOT Attachment: Agreement No. 76528 Page 46 of 97 May, 13. 2007 11:55AM MN DOT METRO 651 582 1166 No. 1329 K 4 PRE -LETTING STATE OF MINNESOTA I I Mn/DOT SERVICES DEPARTMENT OF TRANSPORTATION AGREEMENT NO. SECTION COOPERATIVE CONSTRUCTION AGREEMENT 765528-R S.P. 8214-119 (T,H, S=045) Fed; Proj. NH -STP 054-1(077) The State of Minnesota Department of Transportation, and The Cit'v' o£' oak bark Heiahts Re: City cost turn lane and signal system construction by the State on T.H. 5 ah 58x` Street North and on Southeast Frontage Road at 58th Street North AMOUNT ENCUMBERED AMOUNT RECEIVABLE THIS AGREEMENT is made and entered into by and between the State of Minnesota, Department of Transportation, hereinafter referred to as the "State" and the City of Oak Park Heights, Minnesota, acting by and through its City.Council, hereinafter feferred to as.the "City". I Page 47 of 97 May.13. 2001 11:55AM MN DOT METRO 651 582 1166 No, 1329 R, 5 76528 WHEREAS, the State is currently performing the grading, surfacing, and bridge construction and other associated construction upon and along Trunk Highway No. 36 from approximately County State Aid Highway No. 15 to approximately Oakgreen Avenue North, and upon and along Trunk Highway No. 5 from 53'° Street North to Trunk Highway No. 36 under State Projects No. 8204-37 (T.H. 36=118), No. 8204-45 (T.H. 36=118), No. 8204-82006 (T.H. 36-118), No. 8214-119 (T.H. 5=45) and No. 82-605-11 and in the records of the Federal Highway Administration as Minnesota project NH -STP 064-1(077); and WHEREAS, once construction started the City requested additional constTucti.on in the form of an additional left turn lane and revised signal system along Trunk Highway No. 5 at 58th Street'North, and a right turn lane and revised turning radius along Southeast Frontage Road near 58`° Street North; and WHEREAS, the State added the turn lane., signal system, turning radius and other associated construction under supplemental,agreements.to it.s' construction contract; and WHEREAS, the City has expressed ids willingness to participate in the costs of the turn lane, signal system and turning radius construction and associated construction engineering as hereinafter set forth; and WHEREAS, it is anticipated that the construction to be performed under the State contract -will be eligible for Federal -aid funds participation therein, and in that event, the costs of the eligible City cost participation construction and associated construction engineering hereunder will he reduced by the State for construction and associated construction engineering casts incurred in the performance of the City cost participation construction.; and WHEREAS, in connection with the Trunk Highways Nca_ 5 and No. 36 construction, the ocnstructioa of a storm water pond by the City is covered under Mn/DOT Agreement No. 757oi between the State and the City; and F Page 48 of 97 May.13, 2007 11, 55AM MN DO] ME I RO bbl �V l l bt INO, I j1y r• KHEREAS, Minnesota Statutes Section 161,20, subdivision 2 authorizes ` the Commissioner of Transportation to make arrangements with and QQ apOrate with any governmental authority .for the purpose of constructing, maintaining and improving the trunk highway system. IT 15, THEREFORE, MUTUALLY AGREED AS FciT OWS: ARTICLE ASIS OF PAYMENT H Section A. S EDULE_--I"_ A SCHEDULE "I" is attached hereto and made a part hereof by reference. The SCHEDULE "I" includes all anticipated City cost participation construction items and the construction engineering cast sham: covered under this Agreement, and is based on construction contract unit prices. r+�ian B; C�•.tv..Cr�,�t Psxts.Ci at' n Cr���ruatior� 10 Per shall be the City's rate of cost Part ica:pation, in all of the right turn lane construction performed upon and along the east side of Southeast Frontage Road near 58th Street North within the corporate City limits under Supplemental Agreement No. 3 to Contract No. -S97052 for State Project No. • 8214-115 (T.H. 5045) . The construction includes, but is not limited to, those construction items as tabulated on Sheet No. 2 of the attached SCHEDULE 11 1 it 2. anti shall be the City's rate of cost participation in all of the turning radius revision performed in the northwest, quadrant of the 581' Street North - Southeast Fr'ontage road intersection within the corporate City limits under Supplemental Agreement No. 3 to Contract No. 597052 for State Project No. 82.14-119 (T.H. 5045) . The' construction includes, but is not limited to, these construction items as tabulated on Sheet No_ 2 of the attached SCHEDULE "I", 3 Page 49 of 97 May, 13. 2007 11:55AM SIN DOT MURO 651 582 1166 No, 1329 P. 1 76528. 3 SQ Epmce_m' itQd CityFeda-xal—ald funding shAll be the City's rate of cast participation in all of the lett turn lane construction axed associated. traffic sign.a.l revision performed upon and along `gunk Highway No. 5 at 58th Street North within the corporate City limits under Supplemental Agreement No. 5 to Contract No. S97052 for State project No. 8214-119 (`r'.H. 5=045) . The construction includes, but is not limited to, those construction items as tabulated on Sheet No. 3 of the attached SCHEDULE "I". ec tion C, Qop,%triAgt.ioan The City shall pay a construction engineering charge in an amount equal to 8 percent, of the total cost of the City participatiozi construction covered under this Agreement. • a "W -Fos To wT. . . !S =9 • i -� •c }� It is estimated that the City's share of the costs of the contract construction plus the 8 percent construction engineering- cost share is.the: sum of $14,200.80 -as shown in -the attached SCHEDULE "I„ After the following conditions have been met, the City shall, pay to the Commissioner of Transportation the sum of $14,200.80: 1. Execution and approval of this Agreement and the State's transmittal of same to the city. 2. Receipt by the City of a written request from-t.he'Stats for the payment of funds. Seci:ic�n H, anal Pa�yens lad-he_.ry Upon completion and acceptance of the contract construction and upon computation of the final amount due the State's contractor, the State shall prepare a Final. SCHEDULE "2" and submit a copy to the City. The Final. SCHEDULE "I" shall. be based on final quantities, and 4 Page 50 of 97 May. 13. 2007 11, 550 MN DOT METRO 651 582 1166 No. 1329 N. 8 76528 include all City cost. paxta.cipation Qonstructi;on items and the construction engineering cost share covered under this Agreement. if the final cost of the City participation covered under this Agreement exceeds the amount of funds paid by the City, the City shall, upon receipt,of a request from the state, promptly pay the difference to the Stare without interest. if the final cost of the City participation covered under this Agreement is Jess than the amount of funds paid by the City, the state shall promptly return the bala.n(�--e to the city without interest. pursuant to Minnesota Statutes.Section 1.5.415, the State waives claim for any amounts less than $2.00 over the amount of City funds previously paid to the state, and the City waives claim for the return of any amounts less than $2.00 of these funds paid by the City, ectic�n C Acce ' z� rn tion The computation by the State of the amount due from the City shall be final, binding and conclusive. Acceptance by the State of the completed contract construction shall be final., binding and conclusive upon the City as to the satisfactory completion of the contract construction, Upon satisfactory completion of the Southeast Frontage Road construction performed within the corporate City limits under the construction contract, the City shall provide for the proper maintenance of the roadway and all of the facilities a part thereof, without cost or expense to the State. Maintenance shall include, but not be limited to, snow, i.ce and debris removal, resurfacing and/or seal coating and any other maintenance activities necessary to perpetuate the roadway in a safe and usable condition. 5 Page 51 of 97 May, 13. 2007 11:55AM MN DOT METRO 651 582 1166 No, 1329 P. 9 76528 As provided by Minnesota Statutes Section 15C.05, subdivision 5, the books, records, documents, and accounting procedures and px-actices of the State and the city relevant to this Agreement are,subject to examination by the State and the City, and either the legislative auditor or the State auditor as appropriate, for a min'mum of six years fxom final payment. All employees of the state and all other persons employed by the State in the perfox-man e of contract construction anal/or construction engineering covered under this Agreement shall not, be considered employees of the City. All claims that arise under the Worker's compensation Act of the State of Minnesota on behalf of the employees ,while so engaged and all claims made by any third parties as a consequence of any act or omission can the pa=t. -of the employees while so engaged on contract construction and/or construction engix.eering covered under this Agreement shall in no way be the obligation or responsibility of the City. All employees of the City and all other persons employed by the city in the performance of maintenance covered under this Agreement shall not be considered.employees of the ,State. All claims that arise under the Worker's Compensation Act of the State of Minnesota on behalf of the employees while so engaged and all claims made by any third paxties as a consequence of any act or omission on the part of the employees while so engaged on maintenance covered ander this Agreement shall in iio way be the obligation or responsibility of the State. Before this Agreement shall become binding and effective, it shall be approved by a City Council resolution and receivQ approval of State and City officers as the law may provide in addition to the Commissioner of Transportation or his authorized representative. 0 Page 52 of 97 May, 13, 2007 11;55AM MN DOT METRO 651 582 1166 No. 1329 P. 10 76528 AUi= .XuDD A94 The state's AuthQrized Agent for the purpose of the administration of. this Agreement is Maryanne Kelly-Sonnek, Municipal./Utility Agreements Engineer, or her successor. Her current address and phone number are 395 Jahn Ireland Boulevard, Mailstop 682, St. Paul, MN 55155, (551) 296-0969. The City's Authorized Agent for the purpose of the administration of this Agreement is Joseph Anderli.k, Bonestroo, Rosene, Anderlik, and Associates, or his successor. His gurrent, address and phone number are 2235 W. Highway 36, 5t. Paul, MN 55113, (651.) 636-4600. 7 Page 53 of 97 May.11 2007 11:55AM MN DOT METRO 651 582 1166 No, 1329 P. 11 76528 IN TESTIMONY WHEREOF the parties have executed this Agreement by their authorized officers. DEPARTMENT OF, TUX 29RIATION Recommeaded fox approval: B y on Engineer Approved: Stat&e-D e Engineer Date 716 By .Date qUAL/-5, - _.= ,. �f �l!'1/'!l lr�=L�lwllr Ji�.�.tr_w'��+... W4 0-17 .. ... -.- State of Minnesota county of Washington This Agreement WaS acknowledged before me this 19' day of J _ 1999, byE l D' sc'� and (Name) �y(.�1� YL the Mayor and (game) (Title) of the City of Oak Park Heights, and they executed this Agreement on behalf of the municipality intending to be bound thereby. Notary Public My commission. Expires 9 Page 54 of 97 May 11 2007-11:WN'= .�,osrc,� snl�I I I I li v.t- N r:ll lirw I I + i e I r, V; 6o". qq oq CF e 07 c4 cn No I Ulu .�,osrc,� snl�I li v.t- N f .I 1 I I + i e I r, V; 6o". qq oq CF e 07 c4 cn No I Ulu Ma 2007Y11. 56WS:g MN DOT METRO 651 582 1166 Q iQitA I^ C7lAitw7j N vi ! W cck oo N:C,!—TVN,ini%Jlt I oa ! '�', I fq .. ! ; ^s 1 M sn v1 oa ,x �A v) as 4? CS NIS Cit i +CaI I , Q 0!0 0,0 o c:> a `c'vlo;r"'i 0i0!0ola cao` G.c; ,`moo, vt IG, M' (A IGiK?iviIG 4i'N14'zIO(A tt n eq F4%n I I S ,n�eq;vsl i —ice cr os N ! ]I I 1 b!GlblCS:{.71'CldlNi491CiiC11S3 bldlb C� • d bl N I oc I h v'j C'1 W V1 er v-> Cy rpt. iN `EI. I�i6lE 2 �..I�,j.al �+ Ilwl I .•�;�;;y I 00 l"1 f z � C7. I O <�I zz[I z W C] b b G t-7 w u rss r I :.�:��,•� L•i iii � `-u l � � .'S' � � '0. w a. a, ....1 G;7 � � n rhi � � A Q< a 'a In n n � � �C u l I I l I I 1 ! I ' w+ p vi ,!1 Vl �h q 41 r� rh hl i N V'1 Y} I h- O Y'1 t^• Q V7 rl N ,/4 ,+s C'J Y'S US Q h p VI a 4'1 rl �. VS n 4'S w5 Yl h h •-. V'i N I 41 4'} IS 41 eq W) 0 {y y= ... 4� vi Lm .In ... - r[ 0 -r rA O -r C; ed� 'n vi o wi C7 "i d tai o M Av-y r'q ca - N to o IN Ch 2 N N N N 4 d I a 5 � N�I��I����N� N NIH di I hl . N r�F rl C', Ma y, 1I 2007 11:56AMyA DOT METRO 651 582 116 No, 1329 P. 14 i 111110iiaAQ-�6i C+ +� rq v� „�6ONCD��I�°°' CI • i!� #� ¥Ijl iiljll;lllilli! iCa,O!b;C;OjQ In YGI© G� Olei 4= 0 0 C7sG Cl C7 o4C3 S? Q l*. vyid; 's1 re Irl' eti rif I6ltn Q rii-,� rj 8 ICII='oa ,nl ] tC v� W _t~ Gti N i i i I s C1 i v IVI w I , � � CIO V cq •r ,•J I iE i � �`,- .ah rA 1 of , >' I�ixozzz�I z Q - i 4.W W Z � ��Zlai i Cc� I I I"' z_I Z) v)1A(A W w LI Ly Ll Yvi� i LFI IAj<lr .�_I..xr-a°,aC7 ©!co cn i I (Ii�i{�iW,-�-y! �_ �+I LI > ��Ct�i I '• I [ I ;w, Gl'�rn iUrp�KtiF'�F .�. a'.r ! . _� 5 .Q�0U' 4IO t O'oK7 ��11 4 C 41 H f N r1 044 N N N N ri env N N i May.13. 2007 11:56AM MN DOT MiETRO 651 582 1166 CITY OF OAK PARK HEIGHTS RESOLUTION 99-•06-26 No. 1329 K 15 IT IS RESOLVED that the City of Oak Park heights enter into MnIDOT Agreement No. 7628 wvith the State of Minnesota, Department of Transportation for the following purposes. To provide for payment by the City to the State of the City's share of the costs of the turn lane and signal system construction and other associated construction performed upon and along Trunk Highway No. 5 at 58th Street North, and upon and along Southeast Frontage Road near 3V Street North within the corporate City limits under Supplemental Agreements No. 3 and No. 5 to Contract No. 597052 fax State Project No, 8214-119 (T.H, 5=045). IT IS FURTHER RESOLVED that the Mayor anal the City Administrator. are authorized to execute the Agreement. ('rule) CERTIFICATION State of Minnesota County of Washington I certify that the above Resolution is an accurate copy of the Resolution adopted by the Council of the City of Oak Park Heights at an authorized meeting held on.t a 8th - day of Juzrp-. ,1999, as shown by the minutes of the meeting in my possession. Subscribed and sworn to before me this I }-h day of 1999 Notary Public l Ivly commission Expires 1 31 • Z OOO Page 58 of 97 (Sign�cucc} ,Lf.5a, I4 Wwsn2k (rygc of Print Nunn) 4 -May, 13. 2007 11.56AM MN DOT METRO 651 582 1166 No, 1329 P. 16 CITY OF OAK PARK HEIGHTS 14155 North 57th Street * P.Q. Box 2007 t Gak Park Heights, MN 55082-2007 • Phone: 651/439.4439 + Fax: 651/439.0574 June 15,1999 Mr. Bryce Libby Design Agreements Coordinator Minnesota Department of Transpotion Metropolitan Division Oakdale Office 3485 Hadley Ave. N. Oakdale, NTN 55128 Re: Proposed Cooperative Construction Agreement Number 76.528-R City of flak Park %eights S.P. 8214- 119 .(T.H. 5=045) Federal Project NH -STP 064-1 (077) City cost turn' lane and signal systm construction By the State on T.H. 5 at 58th Street North and On Southeast Frontage Road at 58th Street North. Dear Mr. Libby! Enclosed please find two executed original Resolu ion and Certification and also two executed original Cooperative Construction Agreements. If you have any questions, please do not hesitate to contact me. Sincerely, Tbomas M. Melena City Administrator Enclosures Page 59 of 97 Tree City U.S.A. This Page Is Deft Intentionally Blank. Page 60 of 97 Oak Park Heights ENCLOSURE 1.0 Request for Council Action Meeting Date June 19th 2007 Time Required: 10 Minutes Agenda Item Title: Washington Count Gov. Center Expansion.-. Update Agenda Placement Old Business Originating Department/Requestor Eric Johnson, City Administrator Requester's Signature Action Requested Update and Discussion Background/Justification (Please indicate if any previous action has been taken or if other public bodies have advised): Staff felt that it is necessary to bring the Council up to speed on the Washington County Gov. Center Expansion Project. Ted Shonneker of Washington County Dept of Transportation and Physical Development will be making a brief presentation to the City as to the current status and timelines as well as answering any questions. At this time, the City Engineer Dennis Postler has reviewed the majority of the utility issues and project plans. Final plans are expected in the near future. Additionally Kathy Widin has been working -%=ith the Count), to establish City requirement an tree removal and replacement in areas that d l remain in the City including certain right-of-way, generally along the east and northeast borders. Please note that much additional discussion and approval will be needed prior to any Final approvals to be granted by the City in the form of an agreement and which will outline exact -411es of the County and City as well as authorizations for easement creation and transfers. These will lllrely be completed by July. Page 61 of 97 This Page Is Left Intentionally Blank. Page 62 of 97 Oak Park Heights ENCLOSURE 11 Request for Council. Action Meeting Date June 19, 200 Agenda Item Title Schedule Budget. Worksho s Time Required 3 Minutes Agenda Placement New Business Originating Department/Requestor Finance — Judy Holst,Deputy_Clerk/Finance Director Requester's Signature Action Requested Schedule 2 or iworkshol2s for the 2008 bud et Background/Justification (Please indicate any previous action, financial implications including budget information and recommendations). Budget worksheets will be distributed to staff the first week of July with a deadline for submission to Finance by July 27, 2007. Administration and Finance will review the requests and compile the preliminary budget document which will be distributed to Council and staff by the 3rd of August. The proposed levy and budget must be approved by Council and submitted to the County by September 17, 2007, therefore we need to schedule at least 2 untelevised workshop dates for review of the preliminary budget. I would suggest August 14 and 28 from 5:30 p.m. to 7:00 p.m. and if needed September 6 from 5.30 p.m. to 7:00 p.m. I am also requesting direction from Council for any budget requests or restrictions, i.e. additional costs for streets, parks, etc. or any limits on budget expenditures. Page 63 of 97 This Page Is Left Intentionally Blank. Page 64 of 97 V-11" Oak Park Heights Request for Council Action Meeting Date June 19, 2007 Agenda Item Title New Officer Hire Agenda Placement New Business Time Required 5 min. Originating Department//Re�pugstor Police Dept./ Chief Lindy Swanson Requester's Signature Action RequcstQd Authorization to Hire Background/Justification (Please indicate any previous action, financial implications including budget information and recommendations), As I am sure you are aware, the police dept. has been working short one officer due to a retirement. We have conducted our employee seacrh and interviews and are fortunate to have an outstanding candidate. I request authorization to hire Brian Michael Zwach with a starting date, to be determined, in July of this year. I would also like authorization to hire Peter Mueller as a part-time member of the police department. I anticipate Mr. Mueller then becoming full time as my retirement date approches in 2008. 1 shall re --approach the Council at that time. Page 65 of 97 This Page Is Left Intentionally Blank. Page 66 of 97 1� Oak Park Heights Request for Council Action ENCLOSURE 13 Meeting Date _ June 19'x', 2007 Time Required: 5 Minutes Agenda Item Title: City Brandin -- Logos and La els Agenda Placement New Business Originating Department/Requestor Councilmember MCCo ber Requester's Signature Action Requested Discussion Background/Justification (Please indicate if any previous action has been taken or if other public bodies have advised): Many cities have invested in the production and dissemination of lapel pins that identify their city when attending certain events, or can be distributed to the public at events such as Party -in -the Park. Council should discuss having something similar made. 1 have enclosed a short excerpt from a St. Paul firm that makes these as well as some rough pricing. Page 67 of 97 ff? rt Oak Park Heights Request for Council ActionF;r:r: Meeting Date June 19'h,.2007 Time Required: S Minutes Agenda Item Title: Lowe's — Conditional Use Permit —Open & Outdoor Stora e Agenda Placement Originating Departmen Requester's Signature Action Requested Background/Justification (lease indicate if any previous action has been taken or if other public bodies have advised): Please see enclosed from Scott Richards., City Planner: 1. Staff Report dated June 6h, 2007 (attachments can be found in the June Planning Commission packet) 2. Planning Commission Resolution -- Unsigned 3. Proposed City Council Resolution. Page 69 of 97 NORTHWEST ASSOCIATED CONSULTANTS, INC. 4800 Olson Memorial Highway, Suite 202, Golden Valley, MN 554.22 Telephone! 763.231.2555 Facsimile! 763.231.2561 plan ners@nacplanning.cotm PLANNING REPORT TO: FROM: DATE: RE: FILE NO: BACKGROUND Eric Johnson Scott Richards June 6, 2007 Oak Park Heights — Lowe's Home Center: Conditional Use Permit for Outdoor Storage 798.02 — 07.04 Ozark Civil Engineering, on behalf of Lowe's Home Centers, has made application for a conditional use permit to allow Open and outdoor storage of truck trailers to enclose pallets and used appliances on the south side of the store, located at 5780 Nova Scotia Avenue North. Three delivery trucks will also be stored within the storage area on the south side of the store. To screen the trailers and the delivery trucks, additional fencing, berming and landscaping will be constructed. The subject site is currently zoned B-4, Limited Business District. Open and outdoor storage is a listed conditional use within the B-4 District. Approval of the PUD general plan for the Lowe's Store was granted by the City Council in November of 2005. Attached for reference: Exhibit 1: Site Plan Exhibit 2: Grading and Drainage Plan Exhibit 3: Landscape Plan Exhibit 4: Detail Plan (Drawing 12) Exhibit 5: Detail Plan (Drawing 17) Exhibit 6: May 15, 2007 Letter from Robert Fiebig Exhibit 7: Site Photographs (to be distributed at meeting) Page 70 of 97 U►:._'*3L Comprehensive Pian. The Comprehensive Plan guides the subject site for commercial land use and as such, the retail development is in compliance with the Comprehensive Plan. Zoning. The subject site is zoned B-4, Limited Business District. The retail development is allowed under the B-4 District and open and outdoor storage is a listed conditional use. The PUD approval in November of 2005 included allowances for areas of outdoor sales and storage in the front of the store. No outdoor storage was allowed for the rear or sides of the store (except for the garden center) as part of the original approvals. A conditional use permit is required to allow the requested outdoor storage at the rear of the store. Project Description. The applicant has requested that two truck trailers be parked for storage at the rear of the Lowe's Store. One trailer would be used for storage of used appliances that are later recycled. The full trailers would be removed approximately once or twice a week with the frequency dependent upon the volume of merchandise to be removed. A second trailer would be used for storage of pallets. As with the appliances, the pallets are recycled and will be removed approximately once a week, or as required. The trailers will require approximately a 12 foot width and are to be parked on the south curb line of the driveway. The trailer height is 13 feet. Lowe's also proposes parking two box trucks and a flat bed truck that are used for deliveries in this area. The delivery trucks are currently stored overnight in the southwest corner of the Lowe's lot. Staff has suggested that the trailers be moved along the south curb line adjacent to the proposed trailer location. The revised site plan reflects the new storage area for the trucks on the south curb line. Proposed Screening and Landscaping. The plans indicate how the storage area will be screened and landscaped from 58t Street and Nova Scotia Avenue. From the south, the existing six foot berm and eight foot fence and landscaping will provide more than adequate screening. From the east, the storage area would be visible from Nova Scotia and the townhome development. The plans indicate constructing a five foot retaining wall with an eight foot solid fence and landscaping on the east side of the storage area to block views from Nova Scotia. On the southwest corner of the property, the berm and fence will be extended from the south side along the west property line, approximately 110 feet to the north. The berm is proposed at two feet with a 10 foot fence to match the existing. The Zoning Ordinance allows for up to eight foot fences for screening although a 10 foot fence can be approved by the City Council. The final berming, landscaping and fencing plans shall be subject to review and approval by the City Engineer, City Arborist and City Planner. All fencing, screening and landscaping shall be in compliance with Section 401.15.E of the Zoning Ordinance. Other Screening Issues. A site review has shown that landscape materials are being stored above the fence of the garden center. As a result, the materials are clearly Page 71 of 97 2 visible from 58th Street. All merchandise will be required to be stored below the garden center fence. Additionally, merchandise is visible through the fence on the east side of the site, adjacent to Nova Scotia Avenue. A screening device will need to be added so as to make the merchandise less visible from the street. Conditional Use Permit Criteria. Section 401.301.E.4 of the Zoning Ordinance lists the criteria for review of open and outdoor storage. Review of these criteria for this application is as follows: a. The area is fenced and screened from view of neighboring residential uses or if abutting a residential district in compliance with Section 401.15.E of this Ordinance. Provisions for additional screening are being addressed as part of the conditional use permit approval. b. Storage is screened from view from public right-of-way in compliance with Section 401.15.E of this Ordinance. Additional berming, fencing and landscaping is to be added to screen the storage areas. C. Storage area is grassed or surfaced to control dust. The storage area is already surfaced with concrete. d. All lighting shall be hooded and so directed that the light source shall not be visible from the public right-of-way or from neighboring residences and shall be in compliance with Section 401.15.8.7 of this Ordinance. No changes to lighting are proposed as part of this application. e. The provisions of Section 401.03.A.8 of this Ordinance are considered and satisfactorily met. There should be no adverse or negative impact to the health, safety or welfare of the City or surrounding neighborhoods as a result of this application. Lighting and Signage. There are no lighting or signage issues related to this application. Design Guidelines. There are no conformance issues related to Design Guidelines for this application. Page 72 of 97 3 CONCLUSION 1 RECOMMENDATION The applicant has submitted the necessary materials for the proposed application. The proposed outdoor storage and new landscaping, fencing and berming are consistent with the requirements of the Zoning Ordinance and Design Guidelines, as well as the direction of the Comprehensive Plan. Based upon the information contained in this report, our office recommends approval of the conditional use permit for open and outdoor storage subject to the following conditions: 1. All outdoor storage of truck trailers, box trucks, and flat bed trucks shall be within the areas indicated in the site plan dated June 4, 2007. No more than two truck trailers and a total of three delivery trucks shall be stored at one time. 2. The berming, landscape and fencing plans shall be subject to review and approval of the City Engineer, City Arborist and City Planner. 3. No merchandise or storage items shall be stored above the garden center fence on the west side of the building. 4. Merchandise within the fence storage area on the southeast side of the building shall be screened so that it is not visible from Nova Scotia Avenue. The applicant shall provide a screening plan subject to review and approval of the City Planner. Page 73 of 97 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 LOWE'S HOME CENTERS FOR A CONDITIONAL USE PERMIT TO ALLOW OPEN AND OUTDOOR STORAGE OF TRUCK TRAILERS TO ENCLOSE PALLETS AND USED APPLIANCES, AND TO ALLOW THREE DELIVERY TRUCKS TO BE PARKED WITHIN A STORAGE AREA ON THE SOUTH SIDE OF THE LOWE'S STORE, LOCATED AT 5780 NOVA SCOTIA AVENUE NORTH SHOULD BE APPROVED WITH CONDITIONS WHEREAS, the City of Oak Park Heights has received a request from Lowe's Home Centers for a conditional use permit to allow open and outdoor storage of truck trailers to enclose pallets and used appliances, and to allow three delivery trucks to be parked within a storage area on the south side of the Lowe's store, located at 5780 Nova Scotia 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 13 and 3. Approval of the PUD General Plan for the Lowe's Store was granted by the City Council on November 22, 2006; and 4. The property is zoned f3-4, Limited Business District in which open and outdoor storage is a listed conditional use; and 5. City staff prepared a planning report dated June; 6, 2007 reviewing the request for open and outdoor storage of truck trailers and delivery trucks; and Page 74 of 97 6. City staff recommended in the June 6, 2007 planning report that the request be approved with conditions; and 7. The Planning Commission held a public hearing at their June 14, 2007 meeting, took comments from the applicants and public, closed the public hearing, and made the following recommendation: NOW, THEREI+OI2.E, 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 Lowe's Home Centers for a conditional use permit to allow open and outdoor storage of truck trailers to enclose pallets and used appliances, and to allow three delivery trucks to be parked within a storage area on the south side of the Lowe's store, located at 5780 Nova Scotia 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 I4eights for approval with the following. conditions: All outdoor storage of truck trailers, box trucks, and flat bed trucks shall be within the areas indicated in the site plan dated June 4, 2007. No more than two truck trailers and a total of three delivery trucks shall be stored at one time. 2. The berming, landscape and fencing plans shall be subject to review and approval of the City Engineer, City Arborist and City Planner. No merchandise or storage items shall be stored above the garden center fence on the west side of the building. 4. Merchandise within the fence storage area on the southeast side of the building shall be screened so that it is not visible from Nova Scotia Avenue. The applicant shall provide a screening plan subject to review and approval of the City Planner. Recommended by the Planning Commission of the City of Oak Park I-leights this 14th clay of June 2007. Michael Liljegren, Chair ATTEST: Eric A. Johnson, City Administrator Page 75 of 97 Attachment A Washington County GIGO Code: 05.29.20.11.0054 Legal Description: Lot 2, Block 1, Oak Park Commons Address: 5780 Nova Scotia Ave. N. Page 76 of 97 ATTACHMENT B Conditional Use Permit (CUP) — Outside Storage Lowe's Home Center 5780 Nova Scotia Ave. N. 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: May 30, 2007 Planning Commission Public Hearing & Recommendation: June 14, 2007 Required Approvals: Planning Commission 315 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) Page 77 of 97 RESOLUTION NO. CITY COUNCIL CI'T'Y OF OAK PARK HEIGH`T'S WASHINGTON COUNTY, MINNESOTA A RESOLUTION .ESTABLISHING FINDINGS OF FACT AND RESOLUTION OF THE CITY COUNCIL THAT THE REQUEST BY LOWE'S HOME CENTERS FOR A CONDITIONAL USE PERMIT TO ALLOW OPEN AND OUTDOOR STORAGE OF TRUCK TRAILERS TO ENCLOSE PALLETS AND USED APPLIANCES, AND TO ALLOW THREE DELIVERY TRUCKS TO BE PARKED WITHIN A STORAGE AREA ON THE SOUTH SIDE OF THE LOWE'S STORE, LOCATED AT 5780 NOVA SCOTIA AVENUE NORTH BE APPROVED WITH CONDITIONS WHEREAS, the City of Oak Park Heights has received a request from Lowe's I-Iorrlc Centers for a conditional use permit to allow open and outdoor storage of truck trailers to enclose pallets and used appliances, and to allow three delivery trucks to be parked within a storage area on the south side of the Lowe's store, located at 5780 Nova Scotia 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: 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: SE ATTACHMENT B and 3. Approval of the PUD General Plan for the Lowe's Store was granted by the City Council on November 22, 2006; and 4. The property is zoned 13-4, Limped Business District In which open and outdoor storage is a listed conditional use; and 5. City staff prepared a planning report dated June 6, 2007 reviewing the request for open and outdoor storage of truck trailers and delivery trucks; and Page 78 of 97 6. City staff recommended in the .lune 6, 2007 planning report that the request be approved with conditions; and 7. The Planning Commission held a public hearing at their June 14, 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 Lowe's I-lome Centers for a conditional use permit to allow open and outdoor storage of truck trailers to enclose pallets and used appliances, and to allow three delivery trucks to be parked within a storage area on the south side of the Lowe's store, located at 5780 Nova Scotia Avenue North and affecting the real property as follows: SLE ATTACHMENT A Be and the same as hereby approved by the City Council of the City of Oak Park I-leights with the following conditions: All outdoor storage of truck trailers, box trucks, and flat bed trucks shall be within the areas indicated in the site plan dated Trine 4, 2007. No more than two truck trailers and a total of three delivery trucks shall be stored at one time. 2. The berming, landscape and fencing plans shall be subject to review and approval of the City Engineer, City Arborist and City Planner. 3. No merchandise or storage items shall be stored above the garden center fence on the west side of the building. 4. Merchandise within the fence storage area on the southeast side of the building shall be screened so that it is not visible from Nova Scotia Avenue. The applicant shall provide a screening plan subject to review and approval of the City Planner. Approved by the City Council of the City of Oak Park Ileights this 1911' day of June 2007. David Beaudet, Mayor ATTEST: lric A. Johnson, City Administrator Page 79 of 97 2 Attachment A Washington County GEO Code: 05.29.20.11.0054 Legal Description: Lot 2, Block 1, Oak Park Commons Address: 5780 Nova Scotia Ave, N. Page 80 of 97 ATTACHMENT B Conditional Use Permit (CUP) — Outside Storage Lowe's Home Center 5780 Nova Scotia Ave. N. 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: May 30, 2007 Planning Commission Public Hearing & Recommendation: June 14, 2007 Required Approvals: Planning Commission 315 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) Page 81 of 97 This Page Is Left Intentionally "Blank. Page 82 of 97 Oak Park Heights Request for Council Action ENCLOSURE 15 Meeting Date June 19fh, 2007 Time Required: 5 Minutes Agenda Item Title: Menard's — Site Plan I Design Guidelines Review — Bi -fold Doors &_Othe3r remodel Agenda Placement Originating Requester's Signature Action Requested Background/J Usti fica bodies have advised): with Condltl ease indicate if any previous action has been taken or if other public Please see enclosed from Scott Richards, City Planner: 1. Staff Report dated June 6`h, 2007 (attachments can be found in the June Planning Commission packet) 2. Planning Commission Resolution — Unsigned. 3. Proposed City Council Resolution. Page 83 of 97 NORTHWEST ASSOCIATED CONSULTANTS, INC. 4800 Olson Memorial Highway, Suite 202, Golden Vatley, MN 55422 Telephone: 763.231.2555 Facsimile: 763.231.2581 planners@nacplanning.com PLANNING REPORT TO: FROM: DATE: RE: FILE NO: BACKGROUND Eric Johnson Scott Richards June 6, 2007 Oak Park Heights — Menards Garden Center Site Plan and Design Guidelines Review 798.02 — 07.05 Scott Nuttleman, representing Menard Inc., has made application for a site plan/Design Guidelines review for a remodel of the exterior of the garden center, including the addition of bi-fold doors and a new entrance for the Menards store at 5800 Krueger Lane North. The changes to the exterior of the structure are minor and will not change the overall appearance of the store. The subject site is currently zoned B-2, General Business District. No conditional use permits or variances are necessary for this request, thus a formal public hearing is not required. A mailing was sent to notify neighboring properties of the application and invite them to speak at the Planning Commission meeting. Site plan and design review requires Planning Commission consideration and City Council approval. Attached for reference: Exhibit 1: May 15, 2007 Letter from Scott Nuttleman Exhibit 2: Scope of Project with Photographs (5 pages) Exhibit 3: Photo of Outdoor Storage Racks Exhibit 4: Site Plan Exhibit 5: Remodel Plan Exhibit 6: Building Elevations Exhibit 7: Photos of Store (to be distributed at Planning Commission meeting) Page 84 of 97 ANALYSIS Comprehensive Plan. The Comprehensive Plan guides the subject site for commercial use and as such, the proposed changes at the Menards store are in compliance with the Comprehensive Plan. Zoning. The subject site is zoned B-2, General Business. The garden center and retail store were previously granted CUP and site plan approvals. The most recent City approvals for the store addition and remodel were approved by the City in January of 2004. Proposed Project. The remodel of the garden center includes enclosing the front entrance with windows and sliding glass doors as well as placement of four bollards at the entrance with the associated footings and sidewalk improvements. The remodel will fully enclose the front entrance during inclement weather and will improve site appearance and accessibility of the store. Additionally, the remodel will involve installation of three "bi-fold" doors, two "overhead" doors, and one "person -sized" door along the west side of the garden center. The doors will allow Menards to close off and protect the garden center in the event of inclement weather and to close the area at night and during the winter months. Menards has indicated that the resulting benefits should be a reduction in noise and in providing interior light shielding. The applicant has provided existing as well as after photos for the proposed improvements. The after photos are from a store that has a different layout from the Oak Park Heights store and the proposed photos are of bi-fold doors that include glass above the hinges. Staff has requested that the overhang of green steel shall extend from the roof line to the point of the, uppermost hinges of the doors. This will assist in light shielding. Other Screening. Staff has also requested as part of this application to address a screening issue on the south elevation of the store. Exhibit 3 indicates a photo of storage racks that extend above the green steel overhang. The storage racks can be seen from adjoining properties. As part of this approval process, Menards representatives have agreed to lower the overhang so that it is consistent with the overall fagade. Trails/Sidewalks. Staff has noted that there are no sidewalks or trails adjacent to Krueger Lane on the Menards side of the street. The Planning Commission and City Council are asked to comment on this issue and whether pedestrian access should be added. Landscaping, Signage and Engineering. There are no landscaping, signage or engineering issues related to this application. Lighting. Staff has noted that garden center lights are visible outside of the building and are not shielded to a full cut off. As part of this approval, it is recommended that all Page 85 of 97 2 of the garden center lights under the canopy be shielded. Plans for shielding shall be subject to approval of City staff. Design Guidelines. There are no issues related to the proposed remodel and conformance with the Design Guidelines. CONCLUSION I RECOMMENDATION The applicant has submitted the necessary materials for the proposed application. The proposed remodel and minor site changes are consistent with the requirements of the Zoning Ordinance and Design Guidelines, as well as the direction of the Comprehensive Plan. Based upon the information contained in this report, our office recommends approval of the site plan and Design Guidelines review of the Menards garden center remodel subject to the following conditions: 1. All changes to the sidewalk, crosswalk and addition of the bollards are subject to review and approval of the City Engineer. 2. The green overhang panels shall be installed above the door hinges to the roof line for the bi-fold and overhead doors on the west elevation of the garden center. 3. Green overhang panels shall be added on the south elevation to cover existing storage racks, resulting in a consistent overhang on the fagade. 4. The Planning Commission and City Council should comment on whether a sidewalk or trail should be added on the west side of Krueger lane adjacent to Menards. 5. The garden center lights under the canopy shall be shielded to full cut off. Plans for shielding the lights shall be subject to review and approval of City staff. Page 86 of 97 3 A RECOMMENDING RESOLUTION OF THE PLANNING COMMISSION CITY OF OAK PARK HEIGHTS WASIIINGTON COUNTY, MINNESOTA A RESOLUTION ESTABLISHING FINDINGS OF FACT AND RECOMMENDING TO THE CITY COUNCIL THAT THE REQUEST BY MENARD .INC. FOR A SITE PLAN/DESIGN GUIDELINES REVIEW FOR A REMODEL OF THE EXTERIOR OF THE GARDEN CENTER, INCLUDING THE ADDITION OF BI -FOLD DOORS AND A NEW ENTRANCE FOR THE MENARDS STORE AT 5800 K.RUEGER LANE NORTH SHOULD BE APPROVED WITH CONDITIONS WHEREAS, the City of Oak Park Heights has received a request from Menard Inc. for a site plan/Design Guidelines review for a remodel of the exterior of the garden center, including the addition of bi-fold doors and a new entrance for the Menards store at 5800 Krueger Lane North; and after having conducted a review relative thereto, the Planning Commission of Oak. Paris 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 Nf f3 and 3. The subject site is zoned 13-2, General Business District. No conditional use permit or variances are necessary for this request, only site plan/Design Guidelines review; 4, City staff prepared a planning report dated June 6, 2007 reviewing the request; and 5. City staff' recommended in the June 6, 2007 planning report that the request be approved with conditions; and 6. the Planning Commission held a review at their June 14, 2007 meeting, took comments from the applicants and public and made the following recommendation: Page 87 of 97 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 Menard Inc. for a site plan/Design Guidelines review for a remodel of the exterior of the garden center, including the addition of bi-fold doors and a new entrance for the Menards store at 5800 Krueger Lane North and affecting the real property as follows: SEI; 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: All changes to the sidewalk, crosswalk and addition of the bollards are subject to review and approval of the City Engineer. 2. The green overhang panels shall be installed above the door hinges to the roof line for the bi-fold and overhead doors on the west elevation of the garden center. 3. Green overhang panels shall be added on the south elevation to cover existing storage racks, resulting in a consistent overhang on the fagade. 4. The Planning Commission recommends that eight foot bituminous trails should be added on the west side of Krueger Lane and on the north side of.58`r' Street adjacent to Menards. Menards shall agree to pay for trail installation for the area adjacent to their frontages and at the discretion of the City Council. 5. The garden center lights under the canopy shall be shielded to frill cut off. flans for shielding the lights shall be subject to review and approval of City staff. 6. Mcnards shall provide a plan for screening the materials storage area that faces east and is visible from 58"' Street, subject to review and approval of the City Council and City staff. Recommended by the Planning Commission of the City of Oak Park Heights this 14'x' day of lune 2007. Michael Liljegren, Chair AT'fES`h: Eric A. Johnson, City Administrator Page 88 of 97 Attachment A Washington County GEO Code: 05-029-20-22-0007 Legal Description: Lot 1, Block 1, Brackey 3rd Addition Physical Address: 5800 Krueger Lane N. Page 89 of 97 ATTACHMENT B Site Plan & Design Guidelines .Review Menard, Inc. 5800 Krueger Lane N. Application Materials • Application Form • Fees • flan Sets (3 .Large Scale Sets/20 11X17 Sets) • Written Narrative and Graphic Materials Explaining Proposal • Proof of Ownership or Authorization to Proceed • Property Tax Statement(s)IIlegal Description(s) Conference With City Staff Upon Application Submittal: May 30, 2007 Planning; Commission Review & Recommendation: June 14, 2007 Page 90 of 97 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 MENARD INC. FOR A SITE PLAN/DESIGN GUIDELINES REVIEW FOR A REMODEL OF THE EXTERIOR OF THE GARDEN CENTER, INCLUDING THE ADDITION OF BI -FOLD DOORS AND A NEW ENTRANCE FOR THE MENARDS STORE AT 5800 KRUEGER LANE NORTH BE APPROVED WITH CONDITIONS WHEREAS, the City of Oak Park Heights has received a request from Menard Inc. for a site plan/Design Guidelines review for a remodel of the exterior of the garden center, including the addition of bi-fold doors and a new entrance for the Menards store at 5800 Krueger Lane North; and after having conducted a review 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 A"I"TACHMI:�NT A and 2. The applicant has submitted an application and supporting documentation to the Community Development Department consisting of the following items: Sial:; hTTACIIW.,NT 13 and 1. The subject site is zoned I3-2, General Business District. No conditional use hermit or variances are necessary for this request, only site plan/Design Guidelines review; City staff prepared a planning report dated .lune 6, 2007 reviewing the request; and 5. City staff recommended in the .Mule 6, 2007 planning report that the request be approved with conditions; and 6. The Planning Commission held a review at their Junc 14, 200'7 meeting, took comments from the applicants and public and recommended that the application be approved with conditions. Page 91 of 97 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 Menard Inc. for a site plan/Design Guidelines review for a remodel of the exterior of the garden center, including the addition of bi-fold doors and a new entrance for the Menards store at 5800 Krueger Lane 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: All changes to the sidewalk, crosswalk and addition of the bollards are subject to review and approval of the City Engineer. 2. The green overhang panels shall be installed above the door hinges to the roof line for the bi-fold and overhead doors on the west elevation of the garden center. 3. Green overhang panels shall be added on the south elevation to cover existing storage racks, resulting in a consistent overhang on the facade. 4. The City Council requires eight foot bituminous trails be added on the west side of Krueger Lane and on the north side of 58"' Street adjacent to Menards. Menards shall agree to pay for trail installation for the area adjacent to their frontages and at the discretion of the City Council. 5. The garden center lights under the canopy shall be shielded to full cut off. Plans for shielding the lights shall be subject to review and approval of City staff. 6. Menards shall provide a plan for screening the materials storage area that faces east and is visible from 58"' Street, subject to review and approval of the City Council and City staff. Approved by the City Council of the City of Oak Park Heights this 19"' day of' June 2007. David l3caudet, Mayor ATTEST: Eric A. Johnson, City Administrator Page 92 of 97 2 Attachment A Washington County GEO Code: 05-029-20-22-0007 Legal Description: Lot 1, Bloch 1, Brackey 3rd Addition Physical Address: 5800 Krieger Lane N. Page 93 of 97 ATTACHMENT 13 Site Plan & Design Guidelines review Menard, :Inc. 5800 Krueger Lane N. Application Materials • Application Form • bees • Plan Sets (3 Large Scale Sets/20 11X17 Sets) Written Narrative and Graphic Materials Explaining Proposal • Proof of Ownership or Authorization to Proceed • Property Tax Statement(s)/Legal Descriptions) Conference With City Staff Upon Application Submittal: May 30, 2007 Planning Commission Review & Recommendation: June 14, 2007 Page 94 of 97 0�'w, Oak Park Heights Request for Council Action EW10SURIE 16 Meeting Date June 19i 2007 Time Required: 3 Minutes Agenda Item Title: MET Council Po elation Estimates Agenda Placement New Business Originating Department/Req Requester's Signature Action Requested Background/Justification (Plea e indicate if any previous action has been taken or if other public bodies have advised): J The City has received correspondence from the MET Council regarding the City's population estimates as of 411/06. In their current analysis they have dropped the City population from 4,664 to 4,627 — 37 persons or a.8% decrease. Naturally, the City has grown from last year and the number provided is likely in error. The largest reason for the change in this figure is due to the implementation of a new methodology to calculate the populations as well as a reduction in persons per household and a reduction in the number of households On Wed, June 13'11, 1 met with Olivia McGaha of the MET Council to delve deeper in to these figures and to understand their process. At this time I believe the City must pursue additional discussions with MET Council to potentially decipher a more agreeable figure. We have done this in each of the past three years. The City however must notify MET Council of its opinion that it does not agree with their figures not later than June 20, 2007. Please see the enclosed letter from the MET Council -Todd Graham The vital aspect of this issue is that the City will , under current policy, receive State Road aids once it reaches 5,000 in population, so every person does play an important role. RECOMMENDATION: The City Council should authorize staff to provide correspondence to MET Council that it is in disagreement with the current figure of 4,527 and that it does authorize staff to work with MET Council to seek adjustments to this figure that are acceptable. Page 95 of 97 Ai -A Metropolitan Council May 25, 2007 David Beaudet Mayor City Of Oak Park Hgts BOX 2007 Oak Park Heights, MN 55082-6409 Dear Mayor Beaudet: NOT j, •. i t. Each year, the Metropolitan Council prepares population and household estimates as of April 1 in the previous year. Preliminary estimates are shared with local governments for review and comment. Final estimates, certified by the Council in July, will be used by the State in determining local government aid (LGA) and local street aid allocations. Minnesota statutes provide the timeline for estimates delivery and local government review: • The Council is expected to convey preliminary estimates "by June 1 each year." • "A governing body may challenge an estimate made under this section by filing its specific objections in writing with the Metropolitan Council by June 24." • "The Metropolitan Council shall certify the estimates of population and the average household size... by July 15 each year, including any estimates still under objection." (Minnesota Statutes, section 473.24) We are now delivering preliminary April 1, 20QQ estimates of population and households: • Oak Park Hgts is estimated to have'4,627jpeople and 1,978 households as of April 1, 2006. Household size averaged;2.06''tiersons per household. (Note: Household size averages represent persons living in households.) These estimates are benchmarked with Census 2000 counts. Annual updates reflect housing stock changes since 2000 and other information collected by Metropolitan Council Research. We have significantly enhanced the Council's estimates model this year with newly available data inputs. This should result in a more realistic, real-time representation of population growth since 2000. Council staff welcome discussion of the estimates. We have time to consider your comments, provided that you adhere to the tirneiine: Correspondence introducing specific requests or a "governing body's challenge" must be filed with Metropolitan Council Research by June 24, 2007. Written comments can be sent by mail, to Olivia MCGaha, Metropolitan Council Research, or by e-mail to ohvia.mcqaha@metc.state.mn.us. C Sincerely, ' Todd Graham Research Manager pp QQ77 ��u+tv.mc.lroCour�cil.org g,% Ppsgf 09 i�;orlh • St. Paul, MN 55101-1505 • (651) 602-1000 o Fax (651) 602-1550 • 17 (651) 291-0904 Ali EqualOppwlu11011 8mpbtXI A ENCLOSUR& 17. Oak Park Heights Request for Council Action Meeting Date .lune 19"' 2007 Time Required: 5 Minutes Agenda item Title:Emergency Water Regulations Agenda Placement New Business Originating Department/Requestor Councilmember McComber Requester's Signature Action Requested Discussion possible action. Background/Justification (Please indicate if any previous action has been taken or if other public bodies have advised): City Ordinance 1001.08 provides a process to impose certain additional regulations on water consumption and use. Considering that the next City Council meeting is not scheduled until July 24"', the City may wish to provide staff some early direction should the need arise in the near future. 1001.08 Emergency Re ulations. A. The City Council may impose emergency regulations pertaining to the conservation of water by resolution of the City Council and by giving notice by publication or by posting in the City Hall and at such public places as the Council may direct. B. Whenever the City Council determines that a shortage of water supply threatens the City, it may, by resolution, limit the times and hours during which City water may be used for sprinkling, irrigation, car washing, and other external purposes. After publication of a Notice setting forth the restrictions for use of water for said purposes or two (2) days after mailing a copy of such Notice to each customer, no person shall use or permit water to be used in violation of the resolution and any customer who does so shall be charged such sum as established by resolution for each day of violation and the charge shall be added to the customer's next water bill. Continued violation shall be cause for discontinuance of water service. Page 97 of 97