HomeMy WebLinkAbout03-25-2014 Council Packet CITY OF OAK PARK HEIGHTS
TUESDAY, MARCH 25, 2014
CITY COUNCIL MEETING AGENDA
7:00 P.M.
7:00 p.m. I. Call to Order/Pledge of Allegiance/Approval of Agenda
Estimated
times
7:05 p.m. IL Council/Staff Reports
A. Mayor McComber
B. Councilmember Dougherty
C. Councilmember Liljegren
D. Councilmember Runk
E. Councilmember Swenson
F. Staff
• Spring Clean-up: Saturday, May 3, 2014, 7:30 a.m. — 1:00 p.m.
• Recycling Award(1)
7:05 p.m. III. Visitors/Public Comment
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 Agenda (Roll Call Vote)
A. Approve Bills & Investments
B. Approve City Council Minutes—March 112014 (2)
C. Approve Resolution for Stillwater Area High School Boys Booster Club to
Conduct a One-Day Raffle on May 19, 2014 at the Stillwater Area High School
(3)
D. Approve Revision to Resolution 14-02-07 to Add Suite Number to Premises
Address (4)
E. Approve Prairie Restoration Management Quotes and Award Bid to Minnesota
Native Landscapes (5)
7:15 p.m. V. Public Hearings
None
7:15 p.m. VI. Old Business
A. St. Croix River Crossing Project
B. Osgood Ave Trail Update and Requested Actions (6)
7:20 p.m. VII. New Business
A. Hall and Hall Properties LLC — Conditional Use Permit and Design Guidelines
Review— 13999 60th Street N (7)
B. Approve Agreement Authorizing Ironman Bicycle Ride—2014 (8)
C. Interim Use Permits—Clarification of Xcel Energy Permit Extension for SCRCP
(9)
D. Approving Starting Hiring Process—Replacement Officer (10)
E. Consider Possible NO PARKING Area—Nolan Parkway (11) page 1 of 194
Agenda
March 25,2014
Page 2
F. Consider Additional Pedestrian Crossing Signals at Nova Scotia Ave and 581h
Street (12)
G. DNR Groundwater Rules and Aquifer Impacts (13)
H. Public Works Equipment Needs (14)
8:00 p.m. VIII. Other Council Items or Announcements
8:05 p.m. IX. Closed Session
A. Labor Negotiations (closed pursuant to MN Slat. 13.D.03)
8:15 p.m. X. Adjournment
Page 2 of 194
Oak Park Heights 1
Request for Council Action
Meeting Date March 25,2014
Agenda Item Recycling Award
Time Req. 0
Agenda Placement Staff Reports
Originating Department/Requestor Admimstration/Jennifer Pinski
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).
See Attached.
Page 3 of 194
City Of
Oak Park Heiahts
14168 Oak Park Blvd. N•Box 2007.Oak Park Heights,MN 55082.Phone(651)439-44H Fax(651)439-0574
March 13, 2014
Susan Seaberg
5649 Perkins Avenue North
Oak Park Heights, MN 55082
Dear Ms. Seaberg:
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, March 13, 2014, 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 to let me know your choice of award.
On behalf of the Oak Park Heights City Council, thank you for participating in
the City's recycling program.
Congratulatio
le r Pinski
Deputy Clerk
TREE CITY U.S.A.
Page 4 of 194
City Of
Oak Park Hei hts
14168 Oak Park Blvd. N•Box 2007.Oak Park Heights,MN 55082.Phone(651)4394439•Fax(651)439-0574
March 131 2014
Laura Dvorak
5665 Perkins Avenue North
Oak Park Heights, MN 55082
Dear Ms. Dvorak:
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, March 13, 2014, 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 to let me know your choice of award.
On behalf of the Oak Park Heights City Council, thank you for participating in
the City's recycling program.
Congratula
Je ifer Pinski
Deputy Clerk
u
TREE CITY U.S.A.
Page 5 of 194
THIS PAGE IS INTENTIONALLY LEFT BLANK
Page 6 of 194
W
Oak Park Heights
Request for Council Action 2
Meeting Date March 25, 2014
Agenda Item Approve City Council Minutes—March 11 2014
Time Req. 0
Agenda Placement Consent
Originating Department/Requestor Administration/Jennifer Pinski
Requester's Signature
Action Requested Approve
Background/Justification(Please indicate any previous action has been taken or if other public
bodies have been advised).
See attached.
Page 7 of 194
CITY OF OAK PARK HEIGHTS
TUESDAY, MARCH 11, 2014
CITY COUNCIL MEETING MINUTES
L Call to Order/Pledte of Allegiance/Approval of Agenda: Mayor McComber
called the meeting to order at 6:15 p.m. Present: Councilmembers Dougherty,
Liljegren, Runk, and Swenson. Staff present: City Administrator Johnson, City
Attorney Vierling, Public Works Director Kegley, and City Engineer Long.
Absent: City Planner Richards.
Mayor McComber added to Old Business: "Send Letter to County Regarding
North Frontage Road at Osgood Avenue" and "Direction to Staff Regarding
Highway 36."
Councilmember Swenson, seconded by Councilmember Liljegren, moved to
approve the Agenda as amended. Carried 5-0.
II. Council/Staff Reports:
A. Mayor McComber: She reported that the next Parks Commission was set
for March 17; she attended the State Transportation Conference the
previous week; and there were two open houses with MNDOT set for
March 12 at City Hall.
B. Councilmember Dougherty: He reported that the CVB meeting was set for
March 12 and the MSCWMO meeting was set for March 13.
C. Councilmember Liljegren: He reported the Planning Commission meeting
was set for March 13.
D. Councilmember Runk: No report.
E. Councilmember Swenson: No report.
F. Staff: Mayor McComber reported that Spring Clean-up was set for May 3
from 7:30 a.m. — 1:00 p.m.
III. Visitors/Public Comment:
None
IV. Consent Agenda:
A. Approve Bills & Investments
B. Approve City Council Minutes —February 25, 2014
C. Approve Resolution for American Cancer Society, Inc. to Conduct a One-
Day Raffle on August 1, 2014 at the Stillwater Area High School
Page 8 of 194
D. Approve Mayoral Proclamation in Observance of National Donate Life
Month
Councilmember Swenson, seconded by Councilmember Liljegren, moved to
approve the Consent Agenda. Roll call vote taken. Carried 5-0.
V. Public Hearings:
None
VI. Old Business:
A. Establish TIF Area 1-2 and Related Ehlers Agreement: Councilmember
Swenson, seconded by Councilmember Liljegren, moved to approve the
agreement with Ehlers. Carried 5-0.
Councilmember Runk, seconded by Councilmember Dougherty, moved to
approve the Resolution. Roll call vote taken. Carried 5-0.
Mayor McComber, seconded by Councilmember Swenson, moved to set a
Public Hearing for May 13. Carried 5-0.
B. Send Letter to County Regarding North Frontage Road at Osgood Avenue:
Councilmember Swenson reported that the City Council held a
worksession prior to that meeting and discussed the possible frontage road
realignment and changes at the corner of the north frontage road and
Osgood Avenue.
Councilmember Swenson, seconded by Councilmember Dougherty,
moved to send a letter to Washington County asking them to spearhead the
project and work with the City and the State. Carried 5-0.
C. Direction to Staff Regarding Highway 36: Councilmember Swenson,
seconded by Councilmember Liljegren, moved to direct City staff and the
City Attorney to work with the State of Minnesota at the level they need to
go to to try to get some resolve and come back to the City Council at the
next meeting. Carried 5-0.
VII. New Business:
A. City Ord. Amendments: 602 Keeping of Livestock or Farm Animals:
Councilmember Swenson, seconded by Councilmember Runk, moved to
approve the Ordinance Amendment and set the permit fee at $5.00.
Carried 5-0.
Page 9 of 194
B. Municipal Consent Request— County State Aid Alignment Changes
CSAH 21 & 23: City Administrator Johnson reported that the City has
been working with Washington County on the elements of the changes to
Pickett Avenue and Stagecoach Trail over the last several months. He
stated that part of the County's requirement was that the City grant
municipal consent to their project as it relates to County State Aid
Highways.
Corey Slagle of Washington County provided an update on the Pickett
Avenue area. He stated they were planning a summer/fall construction.
Councilmember Swenson asked Public Works Director Kegley to look
into adding another fire hydrant by Pickett Avenue.
Councilmember Runk, seconded by Councilmember Swenson, moved to
approve the Resolution. Roll call vote taken. Carried 5-0.
C. Consider Application for TIGER Funding: Mayor McComber stated that
she put this item on the agenda to give staff direction to apply for TIGER
funding. City Administrator Johnson reported that there was a 20 percent
grant match requirement and that it was a large undertaking and quite
technical to apply for the grant. He stated City staff would need help from
an outside firm. Mayor McComber suggested staff meet with City
engineers and come back to the City Council with more information.
Mayor McComber, seconded by Councilmember Swenson, moved to
direct staff to meet with the County and MNDOT to see if it was a viable
option. Carried 5-0.
D. MNDOT Request to City —Turn back of Lookout Trail: Councilmember
Swenson noted that if the City took over Lookout Trail, the water lines
would have to be moved.
Councilmember Swenson, seconded by Councilmember Dougherty,
moved to direct staff to start having discussions about the turn back.
Carried 5-0.
VIII. Other Council Items or Announcements
City Administrator Johnson reported that staff was working on the Playful City
application and that the City would need volunteers for a playground build in the
summer.
IX. Adiournment
Councilmember Swenson, seconded by Councilmember Dougherty, moved to
adjourn at 6:55 p.m. Carried 5-0.
Page 10 of 194
Respectfully submitted, Approved as to Content and Form,
Jennifer Pinski Mary McComber
Deputy Clerk Mayor
Page 11 of 194
THIS PAGE IS INTENTIONALLY LEFT BLANK
Page 12 of 194
Oak Park Heights
Request for Council Action 3
Meeting Date March 25, 2014
Agenda Item Approve Resolution for Stillwater Area High School Boys Booster Club to Conduct
a One-Day Raffle on May 19 2014 at the Stillwater Area High School
Time Req. 0
Agenda Placement Consent
Originating Department/Requestor Administration/Jennifer Pinski
Requester's Signature ..............
Action Requested Approve
Background/Justification(Please indicate any previous action has been taken or if other public
bodies have been advised).
See attached.
Page 13 of 194
MINNESOTA LAWFUL GAMBLING 1/13 Page 1 of 2
LG220 Application for Exempt Permit
An exempt permit may be issued to a nonprofit organization that: Application fee (non refundable)
- conducts lawful gambling on five or fewer days,and
- awards less than $50,000 in prizes during a calendar year. If application is postmarked or received 30 days or
If total prize value for the year will be$1,500 or less,contact the licensing more before the event$50; otherwise$100.
specialist assigned to your county.
ORGANIZATION INFORMATION
Organisation name revious gambling permit number
P
C
Minnesota tax ID number, if any Federal employer ID number(FEIN), if any
Type of nonprofit organization. Check one.
fraternal Religious Veterans —Y—Other nonprofit organization
Mailing a ress Ci State Zip code County
Name of chief executive offs er[CEO] Daytime phone number E-mail address
Iii! �k& �6c iSs tr /"' /U 7
NONPROFIT STATUS
Attach a copy of ONE of the following for proof of nonprofit status.
Nonprofit Articles of Incorporation OR a current Certificate of Good Standing.
Don't have a copy? This certificate must be obtained each year from:
Secretary of State, Business Services Div., 60 Empire Drive, Suite 100, St. Paul, MN 55103
Phone: 651-296-2803
JIRS income tax exemption [501(c)] letter in your organization's name.
Don't have a copy? To obtain a copy of your federal income tax exempt letter, have an organization officer contact
the IRS at 877-829-5500.
IRS-Affiliate of national,statewide, or international parent nonprofit organization [charter]
If your organization falls under a parent organization, attach copies of both of the following:
a. IRS letter showing your parent organization is a nonprofit 501(c)organization with a group ruling, and
b. the charter or letter from your parent organization recognizing your organization as a subordinate.
GAMBLING PREMISES INFORMATION
Name of premises where the gaynblinig event will be conducted. For raffles, list the site where the drawing will take place.
~ ' JC 9dL1
Address [do not use PO box] /` / City or township Zip code County
6/1d'l �
Date[s] of activity. For raffles, indicate the date the drawing.
Check each pe of gam g a Ivity that your organization will conduct.
Bingo* Paddlewheels* Pull-tabs* Tipboards*
*Gambling equipment for bingo paper, paddlewheels, pull-tabs, and tipboards must be obtained from a distributor
licensed by the Minnesota Gambling Control Board. EXCEPTION: Bingo hard cards and bingo number selection devices
may be borrowed from another organization authorized to conduct bingo.
To find a licensed distributor, go to www.gcb.state.mn.us and click on WsWbutws
under the WHO^S WHO?LIST OF LICENSEES, or call 651-539-1900.
Page 14 of 194
LG220 Application for Exempt Permit 1/13 Page 2 of 2
LOCAL UNIT OF GOVERNMENT ACKNOWLEDGMENT
CITY APPROVAL COUNTY APPROVAL
for a gambling premises for a gambling premises
located within city limits located in a township
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 application is acknowledged with a 30 day waiting
period,and allows the Board to issue a permit after 30 days period,and allows the Board to issue a permit after 30
[60 days for a 1st class city]. days.
The application is denied. The application is denied.
Print city name Print county name
Signature of city personnel Signature of county personnel
Title Date Title Date
TOWNSHIP.If required by the county.
On behalf of the township,I acknowledge that the organization
is applying for exempted gambling activity within the township
limits.
[A township has no statutory authority to approve or deny
Local unit of government,must shin an application, per Minnesota Statutes 349.166.1
Print township name
Signature of township officer
Title Date
CHIEF EXECUTIVE OFFICER'S SIGNATURE
The information provided in this application is complete and accurate to the best of my knowledge. I acknowledge that the financial
report will be completed and returned to the Board 154!R0 days of the event date.
Chief executive officer's signature Date .3 1 in I A
Print name
REQUIREMENTS
Complete a separate application for: Financial report and recordkeeping required
• all gambling conducted on two or more consecutive days, or A financial report form and instructions will be sent with your
• all gambling conducted on one day. permit,or use the online fill-in form available at
Only one application is www.gcb.state.rnn.us.
pp required if one or more rattle drawings
are conducted on the same day Within 30 days of the event date, complete and return
Send application with- the financial report form to the Gambling Control Board.
a copy of your proof of nonprofit status, and Questions?
application fee(non refundable). Make check payable to Call the licensing Section of the Gambling Control Board
"State of Minnesota." at 651-539-1900.
To: Gambling Control Board This form will be made available in alternative format(i.e.large print,Braille)
1711 West County Road B, Suite 300 South upon request.
Roseville, MN 55113
Data privacy notice: The information requested on this All other information provided will be prl- General;Commissioners of Administration,
form(and any attachments)will be used by the Gambling vate data about your organization until the Minnesota Management&Budget,and
Control Board(Board)to determine your organization's Board issues the permit. When the Board Revenue; Legislative Auditor,national and
qualifications to be involved in lawful gambling activities in issues the permit,all information provided international gambling regulatory agencies;
Minnesota. Your organization has the right to refuse to will become public. If the Board does not anyone pursuant to court order;other fndi-
supply the Infiormation; however,if your organization issue a permit,all information provided viduals and agencies specifically authorized
refuses to supply this information,the Board may not be remains private,with the exception of your by state or federal law to have access to
able to determine your organization's qualifications and, organization's name and address which will the information;individuals and agencies
as a consequence,may refuse to issue a permit. If your remain public. Private data about your for which law or legal order authorizes a
organization supplies the information requested,the Board organization are available to: Board mem- new use or sharing of information after this
will be able to process the application_ Your organization's bers, Board staff whose work requires notice was given;and anyone with your
name and address will be public information when received access to the information; Minnesota's written consent.
by the Board. Department of Public Safety;Attorney
Page 15 of 194
RESOLUTION 14-03-19
CITY OF OAK PARK HEIGHTS
WASHINGTON COUNTY,MINNESOTA
RESOLUTION GRANTING THE APPLICATION OF
STILLWATER AREA HIGH SCHOOL BOYS BOOSTER CLUB
TO CONDUCT A ONE-DAY RAFFLE AT
STILLWATER AREA HIGH SCHOOL ON MAY 19,2014
WHEREAS, Trisha Sagissor, on behalf of Stillwater Area High School Boys
Booster Club has applied with the State of Minnesota Gambling Control Board for a
permit to conduct a one-day raffle on May 19,2014 at the site of the Stillwater Area High
School, 5701 Stillwater Boulevard North; and
WHEREAS,the City of Oak Park Heights has reviewed the application and finds
that its purposes meet the necessary community standards; and
WHEREAS, the City of Oak Park Heights has solicited the input of the public
and there have been no objections to the granting of the application for the raffle permit
as applied for Stillwater Area High School Boys Booster Club with the State of
Minnesota Gambling Control Board.
NOW, THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL FOR
THE CITY OF OAK PARK HEIGHTS AS FOLLOWS:
That the application of Stillwater Area High School Boys Booster Club with the
State of Minnesota Gambling Control Board to conduct a one-day raffle on May 19, 2014
at the site of the Stillwater Area High School, 5701 Stillwater Boulevard North, within
the City of Oak Park Heights and the same are hereby approved with no waiting period.
Passed by the City Council of Oak Park Heights this 25°i day of March, 2014.
Mary McComber
ATTEST: Mayor
-------------------------------------------------------- —
Eric AA ohnson
City Administrator
Page 16 of 194
e,t-�
Oak Park Heights 4
Request for Council Action
Meeting Date March 25,2014
Agenda Item Approve Revision to Resolution 14-02-07 to Add Suite Number to Premises Address
Time Req. 0
Agenda.Placement Consent
Originating Department/Requestor Administration/Jennifer Pinski
Requester's Signature
Action Requested_________Approve
Background/Justification(Please indicate any previous action has been taken or if other public
bodies have been advised).
The attached Resolution was approved by the City Council on February 11, 2014. On March 10,
2014, Building Official Julie Hultman changed the address of the Elks Club to give it a suite
number to distinguish it from the other two entities located in the same building(Heights Hall
and Club and VFW Post 323).
The Gambling Control Board has requested that the Resolution be revised to include the suite
number. I have attached a revised Resolution.
Page 17 of 194
RESOLUTION 14-02-07
CITY OF OAK PARK HEIGHTS
WASHINGTON COUNTY, MINNESOTA
RESOLUTION APPROVING A GAMBLING PREMISES PERMIT
APPLICATION MADE BY STILLWATER ELKS #179 FOR GAMBLING AT
HEIGHTS HALL AND CLUB IN OAK PARK HEIGHTS
WHEREAS, James Joslin, on behalf Stillwater Elks #179 has applied with the
State of Minnesota Gambling Control Board for a permit to conduct lawful gambling
activity at the site of Heights Hall and Club, 5880 Omaha Avenue North; and
WHEREAS, the City of Oak Park Heights has reviewed the application and finds
that its purposes meet the necessary community standards; and
WHEREAS, the City of Oak Park Heights has solicited the input of the public
and there have been no objections to the granting of the application for the permit as
applied for by Stillwater Elks#179 with the State of Minnesota Gambling Control Board.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL FOR
THE CITY OF OAK PARK HEIGHTS AS FOLLOWS:
That the application of Stillwater Elks #179 with the State of Minnesota
Gambling Control Board to for a permit to conduct lawful gambling activity at the site of
Heights Hall and Club, 5880 Omaha Avenue North, within the City of Oak Park Heights
and the same are hereby approved.
Passed by the City Council of Oak Park Heights this 11th day of February, 2014.
Mary M1 cColnber
4Eohnson
Mayor
inistrator
Page 18 of 194
RESOLUTION 14-02-07
CITY OF OAK PARK HEIGHTS
WASHINGTON COUNTY,MINNESOTA
RESOLUTION APPROVING A GAMBLING PREMISES PERMIT
APPLICATION MADE BY STILLWATER ELKS #179 FOR GAMBLING AT
STILLWATER ELKS#179 IN OAK PARK HEIGHTS
WHEREAS, James Joshn, on behalf Stillwater Elks #179 has applied with the
State of Minnesota Gambling Control Board for a permit to conduct lawful gambling
activity at the site of Stillwater Elks#179, 5880 Omaha Avenue North, Suite 2; and
WHEREAS,the City of Oak Park Heights has reviewed the application and finds
that its purposes meet the necessary community standards; and
WHEREAS, the City of Oak Park Heights has solicited the input of the public
and there have been no objections to the granting of the application for the permit as
applied for by Stillwater Elks#179 with the State of Minnesota Gambling Control Board.
NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL FOR
THE CITY OF OAK PARK HEIGHTS AS FOLLOWS:
That the application of Stillwater Elks #179 with the State of Minnesota
Gambling Control Board to for a permit to conduct lawful gambling activity at the site of
Stillwater Elks #179, 5880 Omaha Avenue North, Suite 2, within the City of Oak Park
Heights and the same are hereby approved.
Passed by the City Council of Oak Park Heights this I Vh day of February, 2014.
Mary McComber
ATTEST: Mayor
Eric A. Johnson
City Administrator
Page 19 of 194
THIS PAGE IS INTENTIONALLY LEFT BLANK
Page 20 of 194
Oak Park Heights 5
Request for Council Action
Meeting Date March 25, 2014
Agenda Item Approve Prairie Restoration Management Quotes and Award Bid to Minnesota
Native Landscapes
Time Req. 0
Agenda Placement Consent
Originating Department/Requestor Arborist Kathy Widin
Requester's Signature
Action Requested Approve Quotes and Award Bid
Background/Justification(Please indicate any previous action has been taken or if other public
bodies have been advised).
See attached.
Page 21 of 194
City of Oak Park Heights
uotes for 2014 Management of Prairie Restorations
in Swager and Valley View Parks
1123114
1. Minnesota Native Landscapes,Inc. =$2,685.00
2. Prairie Restorations, Inc.=$2,875.00
Quote request was sent to two prairie management companies who work in this area.
Quote includes management of prairie restorations in Swager and Valley View Parks.
Management work for this contract is to be completed from April or May to October
2014. This work is within the city's budget for management of the prairie restorations
for 2014.
Management recommended by MNL includes a spring mowing of each prairie and 4
weed control visits using various integrated weed management tactics. For PRI, only
"Integrated Plant Management"is indicated, but specific work to be done is not specified.
I recommend that Minnesota Native Landscapes be hired by the City to do this work.
This company has done satisfactory tree work for the City of Oak Park Heights in the
past.
Respectfully submitted,
Katharine Widin
Arborist
City of Oak Park Heights
Page 22 of 194
ClCg3�r4�CPBd b}t fgs1 m
Chris f fo1e—Land.1 fanagennrltt Super►=isor
+ ,
Native ative .1 finnesola Native Landscapes. hrc.
Lx't'
-� Date,Strhrnitterf::l Earth S, 201-1
a° Landscapes Strhsnitted to: Kathy li fdin
AN OUTLINE OF SUGGESTED PROCEDURES TO BE
USED TO MANAGE THE NATIVE PLANTING AT
VALLEY VIEW PARK
OAK PARK HEIGHTS, MN
Evaluation&Correspondence
Continual site evaluations will be conducted to correctly time and perform any necessary
management needs. These visas will occur throughout the season to accurately assess site
requirements.
Spring Mowing
The first treatment of the season wif involve a oomplete cutting of the prairie planting. The
cutting will be needed to clear last year's growth, control any early season annual weeds and
control encroaching woody species. This visit would typically be conducted sometime in May.
Weed Control Visits
Ongoing prairie maintenance visits will occur as required throughout the growing season. Work
to consist of spot spraying perennial weeds, cutting or pulling annual weeds,pulling or spraying
volunteer tree seedlings. it is estimated that four site visits will be needed in 2014 to properly
control the weedy species.
Item Units Qty Unit Price Total Price
Evaluations&Correspondence No Charge
Spring Mowing Each 1 $700.00 $700.00
Weed Control Visits Each 4 $270.00 $1080.00
Total Amount: $1780.00
Notes:
1. This quote is good€or 45 days.
2. Any items placed or planted within mewing area(s)under 3'tali must be clearly marked or described to the mowing
crew to avoid damage to said items or mowing equipment. MNL cannot be liable for unseen,unmarked items
within mowing area(s).
3. Please return a signed copy of this quote for acceptance to cbws f,-4 t dNLcoM com-,Minnesota Native Landscapes,
8740 771 St NF,Otsego,MN 55362,or fax to 763 245-0025.
4. All work will be billod following completion,with payment being due within 30 days of receipt of invoice.
Thank you for choosing MVL for your land management needs.
c6stomer Sigrtaltrre slate
Valley View Park-1
Page 23 of 194
r�
I nnesata
Land:1lcittcrge.►rtetN guidelines prepareel AT
Chris Hon e—Land.tianagement Super i*or
Native llittrtesota A�aiirc�Landscapes. Ine.
. Date Submitted.—March d, 014
y La nc SCa 7eS Submitted to:KA)-3i idin
AN OUTLINE OF SUGGESTED PROCEDURES TO BE
USED TO MANAGE THE NATIVE PLANTUVG AT
SWAGER PARK
OAK PARKHEIGHTB, W
Included Procedures:
Evaluation&Correspondence
Continual site evaluations will be conducted to correctly time and per%rtn any necessary
management needs. TMese visits will occur throughout the season to accurately assess site
requirements.
spring Mowing
The first treatment of the season will involve a complete cutting of the prairie planting. The
cutting will be needed to clear last year's growth,control any early season annual weeds and
control encroaching woody species.
Weed Control Visits
Ongoing prairie maintenance visits will occur as required throughout the growing season. Work
to consist of spot spraying perennial weeds,cutting or pulling annual weeds,pulling or spraying
volunteer tree seedlings. It is estimated that three site visits will be needed in 2014 to property
control the weedy species.
Item Units Unit Price Total Price
Evaluations&Correspondence No Charge
Spring Mowing - Each 1 $305.00 $305.00
Weed Control Visits Each 4 $150.00 $600.00
Total Amount: $905.00
Notes:
1. This quote is good for 45 days.
2. Any items placed or planted within mowing area(s)under 3'tall must be clearly marked or described to the mowing
crew to avoid damage to said items or mowing equipment MNL cannot be liable for unseen,unmarked items
within mowing arca(s).
3. Please return a signed copy ofthis quote for acceptance to ehoye-&MN1.co .com;Minnesota Native Landscapes,
8740 I St NE,Otsego,MN 55362;or fax to 763 295-0025.
4. All work will be billed following completion,with payment being due within 30 days of receipt of invoice_
Thank you for choosing M VL for your land ownagement needs.
Customer signature date
Page 24 of 194
PRAIRIE RESTORATIONS, INC.
2014 MANAGEMENT CONTRACT
MANAGEMENT SERVICES: SEASON COST
DORMANT MOW N/A $0.00
PRESCRIBED BURN N/A $0.00
INTEGRATED PLANT MANAGEMENT* Growing Season $875.00
TOTAL. +rr $875.00
* This work is offered on a time and materials basis,you pay only for the work completed and Its
associated costs based on the enclosed billing rates list.
❑Yes, I give Prairie Restorations, Inc. permission to conduct basic management services
as recommended on accompanying proposal.
0No, 1 do not wish to have Prairie Restorations, Inc. conduct any of the management
services recommended on the enclosed proposal at this time.
Contact Person;
Phone Number: Day: Cell:
E-mail Address:
*PRI respects your privacy;this information is for internal use only and wi11 not be released.
Would you like to receive future prairie management contracts electronically?
Yes No
Signature: pate:
Project/client name: Swager Park- Kathy Widin, Csty of Oak Park Heights
Address: 14168 Oak Park Blvd North, PO Box 2(307
Oak Park Heights, MN 55082
Page 25 of 194
PRAIRIE RESTORATIONS, INC.
2014 MANAGEMENT CONTRACT
MANAGEMENT SERVICES: SEASON COST
DORMANT MOW N/A
PRESCRIBED BURN $0' )
N/A $0.00
INTEGRATED PLANT MANAGEMENT* Growing Season $2,000.0o
TOTAL.
$2,000.00
This work is offered on a time and materials basis,you pay only for the work completed and its
associated costs based on the enclosed billing rates list.
0 Yes, i give Prairie Restorations, inc. permission to conduct basic management services
as recommended on accompanying proposal.
E]No, I do not wish to have Prairie Restorations, Inc. conduct any of the management
services recommended on the enclosed proposal at this time.
Contact Person:
Phone Number; pay: Cell:
E-mall Address:
*PRI respects your privacy;this information is for internal use only and will not be released.
Would you litre to receive future prairie management contracts electronically?
Yes_ No
Signature: Da#e,
Project/client name: Valley View Park- Kathy Widin, City of Oak Park Heights
Address: 14158 Oak Park Blvd North, PO Box 2007
Oak Park Heights, MN 55082
Page 26 of 194
0,
6
Oak Park Heights
Request for Council Action
Meeting Date March 25 ',2014 _
Time Required: 10 Minutes
Agenda Item Title: Osgood Ave Trail Update and Requested Actions
Agenda Placement Old Business
Originating Department/Requestor Eric JohnsM Cily Administrator
Requester's Signature
Action Requested Please see the attached memo
Background/Justification(Please indicate if any previous action has been taken or if other public
bodies have advised):
Please see the attached memo
Page 27 of 194
6°
City of 0A Park Heights
14168 Oak Park Blvd. N•Box 2007.Oak Park Heights,MN 55082•Phone(651)439-4439•Fax(651)439-0574
3-21-14
MEMO
TO: Mayor and City Council Me ers
FROM: Eric Johnson,City Admi str o
RE: Osgood Ave Trail
In November 2012,the City Council authorized staff to submit a grant application for funds necessary for
the construction of a trail from STH 36 and Osgood Ave south to Se Street along the eastern side of
Osgood Ave.
As Council is aware,the City was successful in securing the grants of$30,000 and a $30,000 contribution
from Washington County bringing the total project fund to$90,000.To date staff has continued to
develop the project and action is needed at this point by the City Council:
At this time the City Council is asked to approve the following:
1. Approve Expenses of up to$3,000 for the securing of trail easements,$3,000.00 will be
provided to the Stillwater Assembly of God Church for easements across their three parcels;the
easement across the McCullough Well Drilling parcel was willing to convey the land without
cost, but asked the City to do some brush clearing near the trail area at the time of construction.
Enclosed are drafts of those easements. Draft documents enclosed.
2. Approve the City entering in to require Cooperative Agreement with Washington County that
will permit the trail to be partially on County right of way. Draft Documents Enclosed.The City
would be responsible for minor maintenance and the County would be responsible for major
maintenance.A draft version is enclosed but would need an additional discussion with
Washington County Public Works and Washington County Community Development Office.
3. Authorize the City to enter into any final necessary agreements that may be required from
Washington County and/or HUD as it relates to the terms and conditions of the CDBG funding.
Documents are not available at his time but would likely not be negotiable. Draft enclosed.
These documents are similar In those Implemented by the City during the solar panel
installations in 2010.
Page 28 of 194
4. Approve the City Engineering"not to exceed" proposal for a cost of$16,500.This would all
include all elements of design,construction and project oversight.There would be an additional
$3,200 in final survey required as the City's proposed easements is not yet defined and would
not be until fully constructed so the easement"fits"the trailway.
As follows are the Estimated Milestones and Approximate Completion dates:
Environmental Review Completed by Washington County March 31st,2014
Maintenance Agreement with Public Works Executed March 31st,2014
City Council Approves CDBG Funding Agreement March 31st,2014
Washington County Approves Funding Agreement April 30',2014
Award bid for the project June 30th,2014
Begin Work on the project August 1st,2014
All project work completed October 31st,2014
All CDBG funds expended December 31,2014
Submittal of all Completion documents January 31,2015
Page 29 of 194
c1harOakpaR amw UPDATW:R/ZDM
WURM-U.-Osg.dTnllprQ.d-iV—t-e'trs1
p— AMISM Y_.F
Eaa.MA.q.dd q $ 3.000 Mm
Lpl and aaamellcdxumemsam Malswrayingfer Eat S 5.700 6.3311
EnW—Irg,&Plq Mglnr* S i7,Um LOAM
Oonahad— S 63AM 6u2%
TOTAL 3 sum Lag.mY
IkUlkmmw &W-wk..
. roWldkWd Beds r AMP ..
mR6-Fmda 5 S $ S,m7 $ 3A�03 $ MAW
TEA S 3Lm 5 5.700 L 2]000 5 s m $ x¢ S gkmm
F ,
"*a� -71 �
a � 1:
Fo 4-
ti lit of Oak Park HQirhts
� 1
, � F m l �a Alr�f -• - u III }
Page 30 of 194
PUBLIC WALKWAY AND BIKE PATH EASEMENT AND AGREEMENT
THIS PUBLIC WALKWAY AND BIKE PATH EASEMENT AND AGREEMENT
(this "Agreement"), dated and effective as of , , 2014, is executed by and
between The Stillwater Assemblies of God Church (the "Grantor"), and the City of Oak Park
Heights, a political subdivision of the State of Minnesota.(the"City").
RECITALS:
A. The Grantor is the owner of three (3) real properties located in Washington County,
Minnesota,and legally described on Exhibit A attached hereto(the"Property").
B. The Grantor desires to grant to the City an exclusive easement for public walkway, bike
path and pedestrian access and use on,over, across and through portions of the Property.
C. The City is willing to acquire the easement granted herein on the terms and conditions set
forth in this Agreement.
NOW,THEREFORE,for valuable consideration,the receipt and sufficiency of which is
hereby acknowledged,the parties hereby agree as follows:
1. Grant of Walkway and Bike Path Easement by the Grantor. For good and valuable
consideration in the amount of$3,000.00 (three thousand dollars), the Grantor, as owner
of the properties described in Exhibit A, for itself, its successors and assigns, hereby
declares, creates, grants and establishes a perpetual exclusive easement (the "Walkway
and Bike Path Easement") for the benefit of the City and the public for the purpose of
access on, over, across and through the walkway and bike path to be constructed by the
City on that portion of the Properties depicted on Exhibit B (the ,Walkway and Bike
Path Easement Area. Grantee will prepare at its own expense a survey to conform a legal
description to the sketch plan/aerial depiction previously provided.
2. Maintenance of Easement Area. The Walkway and Bike Path Easement Area shall be
kept and maintained by the City in a condition consistent with other City trail-ways and
as part of the City's park systems. Maintenance of the Walkway and Bike Path Easement
Area shall include operating, maintaining, repairing and replacing (including removal of
snow from) the walkway and bike path and other areas within the Walkway and Bike
Path Easement Area and any lighting and signage installed in connection therewith.
Page 31 of 194
3. Easements to Run with the Land. I he benefits and burdens created by this Agreement
shall constitute covenants running with the land and shall benefit and be binding upon all
present and future owners, and their respective successors and assigns, of any portion of
the Property and upon each person having any interest therein derived through any owner
thereof.
4. Underground Utilities. In the event the Grantor must disturb the constructed trail-way or
easement for purposes of installing underground utilities to serve the Property, the
Grantor shall restore the site to a rough grade and the City shall be responsible for
restoring the finished trail-way surface and its sub-base. Any disturbances shall be
temporary in nature.
5. Termination of Easements. The easement declared, granted, established, and conveyed
herein is permanent in nature and may be terminated only by an agreement in writing
signed by the parties. As and to the extent required for any reason, the parties agree to
execute a recordable document to memorialize,record, or effect any such termination.
6. Successors and Assigns. This Agreement shall be binding upon and shall inure to the
benefit of the parties, and their successors and assigns.
7. Time of the Essence. Time is of the essence in this Agreement.
8. Amendment. This Agreement may only be amended, modified or supplemented by an
agreement in writing and signed by the parties.
9. Notices. Any notice required or permitted to be delivered in connection with this
Agreement must be in writing and may be given by certified or registered mail, hand
delivery or by overnight courier and shall be deemed to be received (a) if given by
certified or registered mail,three(3) days after the same is deposited in the United States
mail, postage prepaid, certified mail, return receipt requested, or (b) if given by hand
delivery, when such notice is received by the party to whom it is addressed, or (c) if
given by an overnight courier or delivery service, when delivered by such courier.
Notkc shall_ bo sent to do addiess as sct forth below, Any party shall have the right to-
change its address by giving five(5)days' written notice to the other party.
If to the Grantor: The Stillwater Assemblies of God Church
5805 Osgood Ave.
Stillwater,MN 55082
If to City: City of Oak Park Heights
14830 58th Street North
Oak Park Heights, Minnesota 55082
2
Page 32 of 194
10. Governing Law. This Agreement is entered into in and shall be governed by and
construed in accordance with the internal laws of the State of Minnesota.
11. Severabiliiy. If any term or provision of this Agreement is ever determined to be invalid
or unenforceable for any reason„ such term or provision shall be severed from this
Agreement without affecting_ the validity or enforceability of the remainder of this
Agreement.
The Remainder Of This Page Has Been Left Blank Intentionally.]
3
Page 33 of 194
IN WITNESS WHEREOF, the Grantor and the City have executed this Agreement to
be effective as of the date first above written.
Grantor;
The Stillwater Assemblies of God Church , a religious
corporation organized under the laws of the State of
Minnesota
By:
Its: John K.Kaiyalethe,Pastor&President
STATE OF MINNESOTA )
) ss.
COUNTY OF WASHINGTON )
The foregoing instrument was acknowledged before me this_day of , 2014,
by John K.Kaiyalethe , the Pastor and President of Calvary Church formerly known as The Stillwater
Assembly of God Church ,Grantor, a religious corporation of the State of Minnesota, on behalf of
said corporation.
Notary Public
[Signature Page to Easement Agreement]
Page 34 of 194
CITY OF OAK PARK HEIGHTS,
a political subdivision of the State of Minnesota
By
Its: �Idyw
By:
Its: City Administrator
STATE OF MINNESOTA )
) ss.
COUNTY OF WASHINGTON )
The foregoing instrument was acknowledged before me this _ day of ,
2014 by Mary McComber and Eric Johnson, respectively, the Mayor and City Administrator of
the City of Oak Park Heights, a political subdivision of the State of Minnesota, on behalf of said
political subdivision.
Notary Public
[Signature Page to Easement Agreement]
Page 35 of 194
THIS INSTRUMENT WAS DRAFTED BY:
Mark J.Vierling
Eckberg,Lammers,Briggs, Wolff&Vierling PLLP
1809 Northwestern Ave.
Stillwater, Minnesota.55082
Ph 651439-2878
Page 36 of 194
EXHIBIT A
LEGAL DESCRIPTIONS OF PROPERTY
PROPERTY#1
Tract B,REGISTERED LAND SURVEY No.69,according to the plat thereof on file and of record in the office of
the Registrar of Titles in and for Washington County,Minnesota.
All that part of Tract C,REGISTERED LAND SURVEY No.69,according to the plat thereof on file and of reord
in the office of the Registrar of Titles in and for Washington County,Minnesota,described as follows,to-wit:
Starting at the Northwest corner of said Tract C,REGISTERED LAND SURVEY No.69 and running thence South
along the West line of said Tract C to the Southwest corner thereof;running thence East along the South line of said
Tract C for Sixty(60)feet;running thence North on a line parallel with the West line of said Tract C to a point in the
North line thereof;which point is Sixty(60)feet East of the Northwest carrier of said Tract C;running thence West
along the North line of said Tract C for Sixty(60)feet the Northwest corner of said Tract C,the place of beginning.
That part of Tract E,REGISTERED LAND SURVEY No.69,Washington County,Minnesota,which lies west of
the east 60 feet thereof,except that part taken for County Road No.67.
(PIN# 0402920110124)
Certificates of Title 28878-28879-55749
And,
PROPERTY#2
Outlot A.Valley View Estates,according to the plat thereof on file and of record in the office of the Registrar of
Titles,Washington County,Minnesota.
PID#04.029.20.11.0080
Certificate of Title 55750
PROPERTY#3
All that part of the Northeast Quarter (NE '/4) of the Northeast Quarter (NE '/4) of Section Four (4), Township
Twenty-nine(29)North,Range Twenty(20)West described as follows:
Commencing at a point on the west line of the Northeast Quarter(NE Y4)of the Northeast Quarter(NE 1/4)of Section
Four(4),Six hundred sixty(660)feet south of the Northeast corner thereof,rimming thence East for One hundred six
(106) feet and parallel to the north line of said Section Four (4) , running thence south at right angles for One
hundred twenty (120) feet, running thence East at right angles for Sixty (60) feet, running thence south at right
angles for One hundred eighty(180)feet,running thence west at right angles for One hundred sixty-six(166)feet to
the west line of said Northeast Quarter(NE%)of the Northeast Quarter(NE Y4)of Section Four(4),running thence
north Three hundred (300)feet to the point of beginning,
Subject to the public highways including approximately the west Forty-six(46)feet of the above described tract,and
upon condition that no structures of any kind be erected on, above, or below the ground of the Northerly One
hundred fifty(150)feet of the above described tract,and reserving to the parties of the fast part and their successors
in interest the right to travel across the said Northerly One hundred fifty(150)feet of the above described tract and
the right to construct and maintain all types of utility transmission lines including gas, electricity, sewer and water
but not limited thereto under, on or above the said Northerly One hundred fifty (150) feet of the above described
tract.
Subject to any presently existing easements to Northern States Power Company,easements,if any.
PID#04-029-20-11-0014 --Certificate of Title 10594
A-1
Page 37 of 194
EXHIBIT B
WALKWAY AND BIKE PATH EASEMENT AREA
See attached site map
Final survey description shall be completed by the Grantee at the completion of construction.
R r
i c 11 i
� w
10' trail easement(appm- Amate) y r
(trail to meander around poles, etc)to _ _ w -
produceADA complaint trig l. `
i
ry �
t
oN �}d�9�'4�110014
"OT trail easement(approximate)
(trail to meander around poles,etc)o ," C d
produce ADA complaint"L
e
110';call easement(approximate)
(trail to meander around poles,etc)to — --AL
produceAD3A complaint trail. 4 C4C292C I I C D 6r
+' �,"� �• � ...,.. i:ils al iSr.I:v�I kye 71•Y r
i
_.
AV
B-1
Page 38 of 194
PUBLIC WALKWAY AND BIKE PATH EASEMENT AND AGREEMENT
THIS PUBLIC WALKWAY AND BIKE PATH EASEMENT AND AGREEMENT
(this "Agreement"), dated and effective as of 2014, is executed by and
between McCullough& Sons, Inc. a Minnesota Corporation(the"Grantor"), and the City of Oak
Park Heights,a political subdivision of the State of Minnesota(the"City").
RECITALS:
A. The Grantor is the owner of real property located in Washington County, Minnesota, and
legally described on Exhibit A attached hereto (the"Property").
B. The Grantor desires to grant to the City an exclusive easement for public walkway, bike
path and pedestrian access and use on, over, across and through portions of the Property
being 10' in total width.
C. The City is willing to acquire the easement granted herein on the terms and conditions set
forth in this Agreement.
NOW,THEREFORE,for valuable consideration,the receipt and sufficiency of which is
hereby acknowledged,the parties hereby agree as follows:
1. Grant of Walkway and Bike Path Easement by the Grantor. The Grantor, as owner of the
Property, for itself, its successors and assigns, hereby declares, creates, grants and
establishes a perpetual exclusive easement(the "Walkway and Bike Path Easement's for
the benefit of the City and the public for the purpose of access on, over, across and
through the walkway and bike path to be constructed by the City on that portion of the
Property depicted on Exhibit B (the "Walkway and Bike Path Easement Area. Grantee
will prepare at its own expense a survey to conform a legal description to the sketch
plan/aerial depiction previously provided.
2. Maintenance of Easement Area. The Walkway and Bike Path Easement Area shall be
kept and maintained by the City in a condition consistent with other City trail-ways and
as part of the City's park systems. Maintenance of the Walkway and Bike Path Easement
Area shall include operating, maintaining, repairing and replacing (including removal of
snow from) the walkway and bike path and other areas within the Walkway and Bike
Path Easement Area and any lighting and signage installed in connection therewith.
Page 39 of 194
3. Easements to Run with the Land. The benefits and burdens created by this Agreement
shall constitute covenants running with the land and shall benefit and be binding upon all
present and future owners, and their respective successors and assigns, of any portion of
the Property and upon each person having any interest therein derived through any owner
thereof.
4. Umdergaund Ulities. In the event the Grantor must disturb the constructed trail-way or
easement for purposes of installing underground utilities to serve the Property. The
Grantor shall restore the site to a rough grade and the City shall be responsible for
restoring the trail surface and its sub-base.Any disturbances shall be temporary in nature.
5. Termination of Easements. The easement declared, granted, established, and conveyed
herein is permanent in nature and may be terminated only by an agreement in writing
signed by the parties. As and to the extent required for any reason, the parties agree to
execute a recordable document to memorialize,record, or effect any such termination.
6. Successors and Assigns. This Agreement shall be binding upon and shall inure to the
benefit of the parties and their successors and assigns.
7. Time of the Essence. Time is of the essence in this Agreement.
8. Amendment. This Agreement may only be amended, modified or supplemented by an
agreement in writing and signed by the parties.
9. Notices. Any notice required or permitted to be delivered in connection with this
Agreement must be in writing and may be given by certified or registered mail, hand
delivery or by overnight courier and shall be deemed to be received (a) if given by
certified or registered mail, three (3) days after the same is deposited in the United States
mail, postage prepaid, certified mail, return receipt requested, or (b) if given by hand
delivery, when such notice is received by the party to whom it is addressed, or (c) if
given by an overnight courier or delivery service, when delivered by such courier.
Notice shall be sent to the address as set forth below. Any party shall have the right to
change its address by giving five (5) days' written notice to the other party.
If to the Grantor: McCullough& Sons Inc.
20335 Forest Blvd.No.
Forest Lake,MN 55025-9764
If to City: City of Oak Park Heights
14830 58a' Street North
Oak Park Heights,Minnesota 55082
10. Governing Law. This Agreement is entered into in and shall be governed by and
construed in accordance with the internal laws of the State of Minnesota.
2
Page 40 of 194
11. Severability. If any term or provision of this Agreement is ever determined to be invalid
or unenforceable for any reason, such term or provision shall be severed from this
Agreement without affecting the validity or enforceability of the remainder of this
Agreement.
[The Remainder Of This Page Has Been Left Blank Intentionally.]
3
Page 41 of 194
IN WITNESS WHEREOF, the Grantor and the City have executed this Agreement to
be effective as of the date first above written.
Grantor:
McCullough& Sons,Inc.
a public body corporate and politic of the State of Minnesota
By:
Its: (Corporate title)
STATE OF MINNESOTA }
) ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this_day of
by the (corporate title) of McCullough &
Sons,Inc. Grantor, a body corporate of the State of Minnesota, on behalf of said corporation.
Notary Public
[Signature Page to Easement Agreement]
Page 42 of 194
CITY OF OAK PARK HEIGHTS,
a political subdivision of the State of Minnesota
By:
Its: Mayor
By:
Its: City Administrator
STATE OF MINNESOTA }
) ss.
COUNTY OF WASHINGTON )
The foregoing instrument was acknowledged before me this _ day of ,
2014 by Mary McComber and Eric Johnson, respectively, the Mayor and City Administrator of
the City of Oak Park Heights, a political subdivision of the State of Minnesota, on behalf of said
political subdivision.
[Signature Page to Easement Agreement]
Page 43 of 194
THIS INSTRUMENT WAS DRAFTED BY:
Mark I Vierling
Eckberg,Lammers, Briggs, Wolff&Vierling PLLP
1809 Northwestern Ave.
Stillwater, Minnesota.55082
Ph 651-439-2878
Page 44 of 194
EXHIBIT A
LEGAL DESCRIPTION OF PROPERTY
LOT A
OAK PARK HEIGHTS AUTO PLAZA
As platted and of record In the office of the
County recorder,Washington County Minnesota
PID#04.029.20.11.004
A-1
Page 45 of 194
EXIIIBIT B
WALKWAY AND BIKE PATH EASEMENT AREA
See attached site map
Final survey description shall be completed by the Grantee at the completion of construction.
An
Wwll.I
r
r "
0
N
E 4�— L
M1 IF � x
G
to gall easetnent(approximrtq " - t �� .°' — �'""
I (wail to meander around pates,eto)to P' #Q+ 02 I"7c 110
predua au
ADA complaint tr .
�+ L 4.' " wSn niOuk W�4Nh
=Now
AD; h
„mu� nw
v t
B-1
Page 46 of 194
B-2
Page 47 of 194
WASHINGTON COUNTY
CONTRACT Na
COOPERATIVE AGREEMENT BETWEEN THE CITY OF per• PWLIC WORKS
OAK PARK HEIGHTS AND WASHINGTON COUNTY p1VIa01I TRANSPORTATION
FOR MAINTENANCE OF TERM
COUNTY STATE AID HIGHWAY(CSAH)24(Osgood Avenue)
THIS AGREEMENT,by and between the City of Oak Paris Heights,a municipal corporation, herein
after referred to as the"City",and Washington County,a political subdivision of the State of Minnesota,
hereinafter referred to as the"County",shall consist of this agreement and Exhibits A.
WITNESSETH:
WHEREAS,the City and County desire to construct and maintain the multi-purpose trail along CSAH
24 to connect the City trail network to the St.Croix River Crossing trail network(Exhibit A,Project Map).
Said Project is located in the City and In the County;and
WHEREAS,a cooperative effort between the City and County is thePpr;1 A riate method to facilitate the
maintenance of these transportation improvements;and
WH EREAS,this Agreement is made pursuant to statutory authority contained in Minnesota Statute
162.17 sub.1 and Minnesota Statute 471.159.
NOW THEREFORE,IT IS HEREBY MUTUALLY AGREED AS FOLLOWS:
A. PURPOSE.
The purpose of this agreement is set forth in the above whereas clauses which are ail
incorporated by reference as if fully set forth herein
B. CONSTRUCTION COSTSlMAINTENANCEIOWNERSHIP
1. The Multi purposes trail is to be funded from three sources.City Fundinn County
Funding and CDBG Funding totalina to an allocated budget of$90,000.00. For which costs shall
be shared eauaffly among the sources subject to CDBG rules.To the extent that the oroiect may
be less than$90,000 all costs shall be prorated. Unless wholly unforeseen circumstances arise
not due to the fault of the City,the City shall be responsible for costs in exoeedance of the
90 OOC fm)
4-2 Multi-purpose trail; Upon completion of the project,the City shall own,operate and
maintain the multi-purpose trail adjacent to CSAH 24(Osgood Avenue)as shown in Exhibit A in
a manner consistent with the City's traii policies. Maintenance includes snow,ice and debris
removal and any other minor maintenance activities necessary to perpetuate the trail in a safe
and usable manner consistent with the City's trail policies. The ounty will perform major
maintenance including overlay of the surface, replacement and major washouts.
Parking and Other Regulations;Upon completion of the project,all parking and other
regulations on County roads will be controlled by the County.
Signing;All permanent roadway signing installed as part of the project will be maintained
by the County. All permanent bike path signing will be installed as part of the project and
maintained by the City.
C. CIVIL RIGHTS AND NON-DISCRIMINATION
The provisions of Minn.Stat. 181.59 and of any applicable ordinance relating to civil rights and
discrimination shall be considered part of this Agreement as if fully set further herein,and shall
be part of any Agreement entered into by the parties with any contractor subcontractor,or
Washington County I Crly of Oak Park Heights
CSAH 21 Cooperative Construckw Agreement Page t of 3
Page 48 of 194
material suppliers.
D. WORKERS COMPENSATION
It is hereby understood and agreed that any and all employees of the County and all other
persons employed by the County in the performance of construction and/or construction
engineering work or services required or provided for under this agreement shall not be
considered employees of the City and that any and all claims that may or might arise under the
Worker's Compensation Act of the State of Minnesota on behalf of said employees while so
engaged and any and all claims made by any third parties as a consequence of any act or
omission on the part of said County employees while so engaged on any of the construction
and/or construction engineering work or services to be rendered herein shall in no way be the
obligation or responsibility of the City.
INDEMNIFICATION
1. The City agrees that it will defend,indemnify and hold harmless the County against any and all
liability,loss,damages,costs and expenses which the County may hereafter sustain,incur or be
required to pay by reason of any negligent act by the City,its agents,officers or employees
during the performance of this agreement
2. The County agrees that it will defend,indemnify and hold harmless the City against any and all
liability,loss,damages,costs and expenses which the City may hereafter sustain,incur or be
required to pay by reason of any negligent act by the County,its agents,officers or employees
during the performance of this agreement.
3. To the fullest extent permitted by law,actions by the parties to this Agreement are intended to
be and shall be construed as a"cooperative activity"and it is the intent of the parties that they
shall be deemed a"single governmental unit"for the purposes of liability,as set forth in
Minnesota Statutes,Section 471.59,subd 1 a(b) The parties to this Agreement are not liable for
the ads or omissions of another party to this Agreement except to the extent they have agreed
in writing to be responsible for the acts or omissions of the other parties as provided for in
Section 471.59,subd 1a.
4. Each party's liability shall be governed by the provisions of Minnesota Statutes,Chapter 466
and other applicable law.The parties agree that liability under this Agreement is controlled by
Minnesota Statute 47159,subdivision 1 a and that the total liability for the parties shall not exceed
the limits on governmental liability for a single unit of government as specified in 466.04,
subdivision 1(a).
G. DATA PRIVACY
All data collected,created,received,maintained,of disseminated,or used for any purposes in
the course of this Agreement is governed by the Minnesota Government Data Practices Act,
Minnesota Statutes 1984,Section 13.01,et seq.or any other applicable state statutes and state
rules adopted to implement the Art as well as state statutes and federal regulations on data
privacy.
Washington County I City of Oak Park HaVhfs
CSAH 21 Cooperative Construction Agreement Page 2 of 3
Page 49 of 194
IN T€ST]MONY W14ER€OF the parties have duly executed this agreement by their duly authorized
officers.
WASHINGTON COUNTY CITY OF OAK PARK HEIGHTS
------- ---------- -
Autumn Lehrke,Chair Date Mayor Date
Board of Commissioners
Molly O'Rourke Date City Administrator Date
County Administrator
Approved as to form: Recommended for approval:
... ..
w
Approved as to form:
R:122103 CMAH 21 6 PidmW012 Pr*ct%AgnwmeMa&R@Wudan9WPH1oPH CcopAgmit Me4i*4,doa
Washington County I City of oak Perk Heights
CSAH 21 Cooperative Conehuction Agreement Page 3 of 3
Page 50 of 194
Community Development Block Grant Program
Funding Agreement between
Washington County and the City of Oak Park Heights, Minnesota
This Agreement is made and entered into this July 1,2013 in furtherance of the requirements of the Federal
Community Development Block Grant(CDBG)Program by and between Washington County, 14949 62"d
Street North, Stillwater,Minnesota 55082,hereinafter referred to as the"Grantee",and The City of Oak Park
Heights, 14168 Oak Park Blvd North, Oak Park Heights,Minnesota 55082,hereinafter referred to as the
"Subgrantee".
WHEREAS, the Grantee is the administering agency for funds received from the United States Government
under Title I of the Housing and Community Development Act of 1974, Public Law 93-383, to Washington
County as an Urban Entitlement County under the Community Development Block Grant(CDBG)Program;
and
WHEREAS,the Grantee wishes to engage the Subgrantee to assist the Grantee in utilizing such funds; and
WHEREAS, the Subgrantee wishes to implement a project involving the installation of a hard surface,
ADA compliant pedestrian trail along the east side of Osgood Avenue extending south from Highway
36 to 58th Street utilizing $30,000.00 in CDBG funds. The trail improves accessibility for persons with
disabilities by removing architectural barriers.
NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein, the
Grantee and Subgrantee agree as follows:
1. Term. Services of the Subgrantee shall start July 1, 2013 and end on the last day of December
2019.
• All funds covered by this contract shall be expended by December 31,2014.
• Any unspent funds remaining in this project remaining after this date may be reallocated to another
CDBG eligible activity/project upon termination of this agreement.
2. Commencement and Termination of Protects. Upon release of project-related funds by the U.S.
Department of Housing and Urban Development (HUD), pursuant to federal regulations, the Grantee shall
furnish the Subgrantee with written notice to proceed. No work on the project shall occur prior to the
notice to proceed without written approval from the Grantee. Costs incurred after the termination date
will not be reimbursed. The termination date may be changed through amendment of this Agreement.
3. National Objectives. The Subgrantee certifies that the activities carried out with funds provided
under this Agreement will meet one or more of the CDBG program's national objectives, as defined in 24
CFR part 570.208,including:
® (1)benefit low and moderate income persons;
❑ (2)aid in the prevention or elimination of slums and blight; and
❑ (3)meet community development needs having a particular urgency.
4. Federal and Local Proeram Compliance. The Subgrantee agrees to comply with the Housing and
Community Development Act of 1974, Public Law 93-383 as amended, and Implementing Regulations at 24
CFR part 570. The Subgrantee agrees to attend scheduled local Department of Housing and Urban
Development training as directed by the grantee. The Subgrantee agrees to perform all the tasks enumerated
below in a manner that will meet or exceed the terms and conditions imposed upon the Grantee in
administering the CDBG program and ensure program compliance with applicable federal regulations:
Page 51 of 194
4.1 Citizen Participation. Comply with all HUD citizen participation requirements(24 CFR 570).
4.2 Procurement Standards. In awarding contracts pursuant to this Agreement, the Subgrantee shall
comply with all applicable requirements of local and state law for awarding contracts, including but not
limited to,procedures for competitive bidding, contractor's bonds, and retained percentages. In addition,the
Subgrantee shall comply with the requirements of the U.S. Office of Management and Budget Circular A-
102 or A-110 as appropriate, relating to bonding, insurance, and procurement standards; with Executive
Order 11246 regarding nondiscrimination bid conditions for projects over Ten Thousand dollars
($10,000.00); and with HUD procurement requirements, as described in 24 CFR part 85.36. Where federal
standards differ from local or state standards,the stricter standards shall apply.
4.3 Environmental Review.
4.3a Environmental Review. The Grantee shall insure that all Subgrantee projects or activities
comply with environmental review requirements. This includes the completion of a study and
assessment of each Community Development Block Grant project in conformance with the National
Environmental Policy Act of 1967 by the Grantee. The Subgrantee shall furnish the Grantee with a
copy of any updated Environmental Review Study.
4.3b National Environmental Policy Act. The Grantee retains environmental review
responsibility for purposes of fulfilling requirements of the National Environmental Policy Act as
implemented by HUD Environmental Review Procedures (24 CFR part 58). The Grantee may
require the Subgrantee to furnish data, information, and assistance for the Grantee's review and
assessment in determining whether an Environmental Impact Statement must be prepared.
4.3c State Environmental Policy. Act. Subgrantees that are branches of government under
Minnesota Law retain responsibility for fulfilling the requirement of the state law regarding
environmental policy and conservation and regulations and ordinances adopted. thereunder. If the
agency is not a branch of government under Minnesota Law, the Grantee may require the agency to
furnish data, information, and assistance as necessary to enable the Grantee to comply with the State
Environmental Policy Act.
4.3d Satisfaction of Environmental Requirements. Project execution under this Agreement by
either the Grantee or the Subgrantee shall not proceed until satisfaction of all applicable
requirements of the National and State Environmental Policy Acts. A written notice to proceed will
not be issued by the Grantee until all such requirements have been met.
4.4 Non-Discrimination.
The Subgrantee agrees to comply with the nondiscrimination provision set forth in Minnesota Statute 181.59
and all federal and local laws prohibiting discrimination on the basis of age, sex,sexual orientation,marital
status,race,creed, color,national origin, or the presence of any sensory,mental, or physical handicap or any
other basis now or hereafter prohibited by law.
The Contractors failure to comply with section 181.59 may result in cancellation or termination of the
agreement, and all money due or to become due under the contract may be forfeited for a second or any
subsequent violation of the terms or conditions of this contract.
These requirements are also specified in Section 109 of the Housing and Community Development Act of
1974; Civil Rights Act of 1964, Title VI; Civil Rights Act of 1964, Title VII; Executive Orders 11063 and
11246; and Section 3 of the Housing and Urban Development Act of 1968. Specifically, the agency is
prohibited from taking any discriminatory actions defined in the HUD Regulations at 24CFR 570.602
2
Page 52 of 194
Section 109 and shall take such affirmative and corrective actions as are required by the Regulations at CFR
570.602. These requirements are summarized in the following paragraphs:
4.4a Program Benefit. The Subgrantee shall not discriminate against any resident of the project
service area by denying benefit from or participation in any block grant funded activity on the basis
of race, color, sex, sexual orientation, or national origin. (Civil Rights Act of 1964, Title VI; Civil
Rights Act of 1964,Title VII; Section 109,Housing and Community Development Act of 1974.)
4.4b Fair Housing. The Subgrantee shall take necessary and appropriate actions to prevent
discrimination in federally assisted housing and lending practices related to loans insured or
guaranteed by the federal government. (Civil Rights Act of 1964;Executive Order 11063.)
4.4c Employment. The Subgrantee shall ensure that compliance with Section 3 of the Housing
and Community Development Act Women and Minority Business requirements, Federal Equal
Employment Opportunity Act,Executive Orders,and Civil Rights Act of 1964,is maintained.
(1) In all solicitation under this Agreement, the Subgrantee shall state that all qualified
applicants will be considered for employment. The words equal opportunity employer in
advertisements shall constitute compliance with this section.
(2) The Subgrantee shall not discriminate against an employee or applicant for
employment in connection with this Agreement because of age, marital status, race, creed,
color, national origin, or the presence of any sensory, mental, or physical handicap, except
when there is a bona fide occupational limitation. Such action shall include, but not be
limited to the following: employment, upgrading, demotion or transfer, recruitment or
recruitment advertising, layoff or termination, rates of pay or other forms of compensation,
and selection for training. (Executive Order 11246,as amended.)
(3) To the greatest extent feasible, the Subgrantee shall provide training and
employment opportunities for lower income residents within the area served by block grant
assisted projects. (Section 3, Housing and Community Development Act of 1968, as
amended.)
4.4d Contractors and Suppliers.
(1) No contractor, subcontractor, union, or vendor engaged in any activity under this
Agreement shall discriminate in the sale of materials,equipment, or labor on the basis of
age, sex, sexual orientation, marital status, race, creed, color, national origin, or the
presence of any sensory, mental, or physical handicap. Such practices include
upgrading, demotion recruiting,transfer, layoff,termination,pay rate, and advertisement
for employment. (Executive Order 11246, as amended.)
(2) Standards. The Contractor/Consultant shall comply with all applicable Federal law,
State statutes,Federal and State regulations, and local ordinances now in effect or
hereafter adopted. Failure to meet the requirements of the above shall be a substantial
breach of the agreement and will be cause for cancellation of this contract.
(3) All firms and organizations described above shall, upon request, be required to
submit to the Subgrantee certificates of compliance demonstrating that they have, in fact,
complied with the foregoing provisions,provided that certificates of compliance shall not be
required from firms and organizations on contracts and/or yearly sales of less than$10,000.
3
Page 53 of 194
(4) To the greatest extent feasible, the Subgrantee shall purchase supplies and services
for activities under this Agreement from vendors and contractors whose businesses are
located in the area served by block grant funded activities or owned in substantial part by
project area residents. (Section 3, Housing and Community Development Act of 1968, as
amended.)
(5) Subcontracting and Assignment. The contractor shall not enter into any subcontract
for performance of any services contemplated under this agreement,nor novate or assign any
interest in the agreement without the prior written approval of the county. Any assignment or
novation may be made subject to such conditions and provisions as the county may impose.
If the contractor subcontracts the obligations under this agreement,the contractor shall be
responsible for the performance of all obligations by the subcontractors.
4.4e Notice. The Subgrantee shall include the provisions of the appropriate preceding
subsections a, b, c, and d of this section in every contract or purchase order for goods and services
under this Agreement and shall send to each labor union or representative of workers with which it
has a collective bargaining agreement or other contract or understanding a notice advising the said
labor union or worker's representative of the commitments made in these subsections. In advertising
for employees, goods or services for activities under this Agreement, the Subgrantee shall utilize
minority publications in addition to publications of general circulation.
4.5 Labor Standards.
4.5a The Subgrantee shall request wage determination from the Grantee or HUD on all projects in
which Davis-Bacon requirements apply. The Subgrantee shall require that project construction
contractors and subcontractors pay their laborers and mechanics at wage rates in accordance with the
Davis-Bacon Act, as amended (40 USC Sections 327-333) and the Regulations at 24 CFR part 42
and 49 CFR part 24,provided that this section shall not apply to rehabilitation or residential property
designed for residential use by fewer than eight families.
4.5b A copy of the current Davis-Bacon wage rate and HUD forms 4010 and 92010 must be
included in all construction bid specs and contracts over Two Thousand dollars($2,000.00).
4.5c The Subgrantee shall conduct all preconstruction conferences to ensure contractors and
subcontractors are aware of Davis-Bacon requirements and how to comply.
4.5d The Subgrantee shall review all required reports and forms submitted by contractors in all
CDBG projects in the jurisdiction of the Subgrantee.
4.6 Property Manama. The Subgrantee agrees that any nonexpendable personal property,purchased
wholly or in part with CDBG funds at a cost of Five Hundred dollars($500.00)or more per item, is upon its
purchase or receipt the property of the Grantee and/or federal government. Final ownership and disposition
of such property shall be determined under the provisions of the U.S. Office of Management and Budget
Circular A-102 or A-110 as appropriate.
4.7 Acquisition and Relocation.
4.7a Any acquisition of real property for any activity assisted under this Agreement shall comply
with Title III of the Federal Uniform Relocation Assistance and Real Property Acquisition Policies
Act of 1970 (hereinafter referred to as the Uniform Act) (42 USC section 4601) and the Regulations
at 24 CFR part 42.
4
Page 54 of 194
4.7b Any displacement of persons, business, nonprofit organizations, or farms as the result of
acquisition of real property assisted under this Agreement shall comply with Title 11 of the Uniform
Act as amended by the Uniform Relocation Act as amended by Title N of the Surface
Transportation and Uniform Relocation Assistance Act as amended(Pub. L. 100-17, 101 Stat. 246-
256) and the Regulations at 49 CFR part 24. The Subgrantee shall comply with the Regulations
pertaining to costs of relocation and written policies, as specified by 24 CFR 570.606(a)and(b).
4.7c In any activity assisted under this Agreement which results in demolition or conversion to
another use of low/moderate income housing, the Subgrantee will follow the requirements set forth
in the revised section 104(4) of the Housing and Community Development Act of 1974, as amended
and implementing regulations.
4.8 Historic Preservation. The Subgrantee shall comply with the requirements of the National Historic
Preservation Act of 1966 (16 USC 470 et seq.) as amended, Public Law 89-665, the Archeological and
Historic Preservation Act of 1974 (Pub. L. 93-291) and Executive Order 11593, including the procedures
prescribed by the Advisory Council on Historic Preservation in the Regulations at 36 CFR part 800 (16 USC
469 et seq.). The Subgrantee shall comply with the federal historic preservation regulations including 36
CFR part 800 and the Reservoir Salvage Act of 1960 as amended by the Archaeological and Historic
Preservation Act of 1974 (16 USC 469 et seq.). Activities affecting property listed in or found to be eligible
for inclusion in the National Register of Historic Places will be subject to requirements set forth in HUD
Environmental Review Procedures at 24 CFR part 58.
4.9 Architectural Barriers. Any facility constructed pursuant to this Agreement shall comply with design
requirements of the Architectural Barriers Act of 1968(42 USC section 4151 et seq, and 24 CFR 40 et.cea,)_
4.10 Nonce icipation in Political Activities. The federal Hatch Act(5 USC, §§ 1501 et seq.)restricts the
political activity of local government employees employed in connection with programs financed in whole or
in part by federal loans or grants. The Subgrantee shall comply with the provisions of the Hatch Act(5 USC
Chapter 15).
4.11 Conditions for Religious Or anizations. The Subgrantee agrees that funds provided under this
Agreement will not be utilized for religious activities, to promote religious interests, or for the benefit of a
religious organization in accordance with the federal regulations specified in 24 CFR 570.2000).
4.12 Flood lain Management and Wetland Protection. The Subgrantee shall comply with Executive
Order 11988 and HUD regulations 24 CFR 55 regarding floodplain management. The Subgrantee shall also
comply with Executive Order 11990 and the regulations at 3 CFR, particularly sections 2 and 5, regarding
protection of wetlands.
4.13 National Flood Insurance. The Subgrantee may not receive CDBG funding for acquisition or
construction for use in any area that has been identified as having special flood hazards and is not
participating in the National Flood Insurance Program, as provided by Section 3(a) of the Flood Disaster
Protection Act of 1973 (Pub. L. 93-234) and the Regulations thereunder (24 CFR 58.6). The Subgrantee
shall comply with the regulations at 24 CFR 570.605.
4.14 Air and Water Pollution. The Subgrantee shall comply with the provisions of the Clean Air Act(42
USC section 1857 et seq.) as amended, and the Federal Water Pollution Control Act (33 USC sections 1251
et seq.)as amended,and the regulations issued thereunder(40 CFR part 15).
4.15 Lead-Based Paint Poisoning. The Subgrantee shall comply with the HUD Lead-Based Paint
regulations (24 CFR part 35) issued pursuant to the Lead-Based Paint Poisoning Prevention Act (42 USC
Sections 4831 et seq.) requiring: (1) prohibition of the use of lead-based paint (whenever funds under this
5
Page 55 of 194
Agreement are used directly or indirectly for construction, rehabilitation, or modernization of residential
structures); (2) elimination of immediate lead-based paint hazards in residential structures; and (3)
notification of the hazards of lead-based paint poisoning to purchasers and tenants of residential structures
constructed prior to 1978.
The Subgrantee shall comply with the EPA Lead Renovating, Repair and Painting Program (40 CFR 745),
effective April 22, 2010, which established requirements for training and certifying renovators, dust
sampling technicians and renovations firms on renovation work practices and recordkeeping.
4.16 Sole Source Aquifers. The Subgrantee shall comply with the Safe Drinking Water Act of 1974 (42
USC 201, 300(f) et seq. and 21 USC 349) as amended and Sole Source Aquifers regulations (40 CFR part
149).
4.17 Endangered Species. The Subgrantee shall comply with the Endangered Species Act of 1973 (16
USC 1531 et seq.)as amended,particularly section 7 (16 USC 1536).
4.18 Wild and Scenic Rivers. The Subgrantee shall comply with the Wild and Scenic Rivers Act of 1968
(16 USC 1271 et seq.)as amended,particularly sections 7(b)and(c) (16 USC 1278(b)and(c)).
4.19 Air OualitX. The Subgrantee shall comply with the Clean Air Act (42 USC 7401 et seq.) as
amended,particularly sections 176(c)and(d)(42 USC 7506(c)and(d)).
4.20 Farmlands Protection. The Subgrantee shall comply with the Farmlands Protection Policy Act of
1981 (7 USC 4201 et seq.)particularly sections 1540(b) and 1541 (7 USC 4201(b) and 4202), and Farmland
Protection Policy regulations(7 CFR part 658).
4.21 Noise. The Subgrantee shall comply with HUD Noise regulations(24 CFR part 51).
4.22 Coastal Zone Management. The Subgrantee shall comply with the Coastal Zone Management Act of
1972(16 USC 1451 et seq.)as amended.
4.23 Non-Discrimination Based on Disability. When and where applicable, the Subgrantee shall comply
with Section 504 of the Rehabilitation Act of 1973, as amended(29 USC 794) and Title H of the Americans
with Disabilities Act as amended (Pub. L. 101-336, 1990), to ensure that no otherwise qualified individual
with a disability shall, solely by reason of his or her disability, be excluded from participation in, be denied
the benefits of, or be subjected to discrimination under any program or activity receiving financial assistance
under this Agreement.
4.24 Non-Substitution for Local Funding. The Subgrantee shall not utilize CDBG funds made available
under this Agreement to reduce the amount of local financial support for community development activities
below the level of such support prior to the availability of funds under this Agreement.
4.25 Public Ownership. For Subgrantees which are not municipal corporations organized under the laws
of the state of Minnesota, it may become necessary to provide the Grantee a property interest where the
project calls for the acquisition, construction, reconstruction,rehabilitation, or installation of publicly-owned
facilities and improvements. The Subgrantee shall comply with current Grantee policy regarding transfer of
a property interest sufficient to meet the public ownership requirement.
4.26 Public Information. In all news releases and other public notices related to projects funded under
this Agreement, the Subgrantee shall include information identifying the source of funds as the Washington
County Community Development Block Grant Program.
6
Page 56 of 194
4.27 A licable Uniform Administrative Re uirements.
4.27a A Subgrantee which is a governmental entity(including public agencies) shall comply with
the requirements and standards of OMB Circular A-87 (Principles for Determining Costs Applicable
to Grants and Contracts with State, Local and Federally recognized Indian Tribal Governments),
OMB Circular A-133 (Audits of State and Local Governments)and with the following sections of 24
CFR part 85,Uniform Administrative Requirements for Grants and Cooperative Agreements to State
and Local Governments:
(1) Section 85.3 "Definitions"
(2) Section 85.6"Additions and Exceptions"
(3) Section 85.12"Special grant or subgrant conditions for`high-risk'
grantees"
(4) Section 85.20"Standards for financial management systems"
except paragraph(a)
(5) Section 85.21 "Payment"except as modified by 24 CFR 570.513
(6) Section 85.22"Allowable costs"
(7) Section 85.26"Non-federal audits"
(8) Section 85.32"Equipment"except in cases in which the equipment is sold,the proceeds
shall be program income
(9) Section 85.33 "Supplies"
(10) Section 85.34"Copyrights"
(11) Section 85.35 "Subawards to debarred and suspended parties"
(12) Section 85.36"Procurement"except paragraph(a)
(13) Section 85.37"Subgrants"
(14) Section 85.40"Monitoring and reporting program performance"except paragraphs(b),(c),
(d)and(f)
(15) Section 85.41 "Financial reporting"except paragraphs(a),(b)and(e)
(16) Section 85.42"Retention and access requirements for records"
(17) Section 85.43 "Enforcement"
(18) Section 85.44"Termination for convenience"
(19) Section 85.51 "Later disallowances and adjustments"
(20) Section 85.52"Collection of amounts due"
4.27b A Subgrantee that is not a governmental entity, shall comply with the requirements and
standards of OMB Circular A-122 (Cost Principles for Non-Profit Organizations) or OMB Circular
A-21 (Cost Principles for Educational Institutions), as applicable, and with OMB Circular A-110,
(Grants and Agreements with Institutions of Higher Education, Hospitals, and Other Non-Profit
Organizations).
4.28 Section 3 Compliance. The Subgrantee agrees to comply with the requirements 24 CFR 135
(Economic Opportunities for Low and Very Low-Income Persons) to ensure that employment and other
economic opportunities generated in connection with this Agreement shall, to the greatest extent possible,
consistent with existing federal, state, and local laws and requirements, be directed to low- and very low-
income persons, particularly those who are recipients of government assistance for housing and to business
concerns which provide economic opportunities to low-and very low-income persons.
4.28a The Subgrantee agrees to comply with HUD's regulations in 24 CFR 135.38 and to include
the Section 3 clause in every subcontract subject to compliance with regulations in 24 CFR 135.
Housing and community development projects subject to this provision include housing
rehabilitation, housing construction, and other public construction projects as defined in 24 CFR
135.5, Section 3 covered assistance.
7
Page 57 of 194
4.28b The Subgrantee will not subcontract with any contractor where the Subgrantee has notice or
knowledge that the contractor has been found in violation of the regulations in 24 CFR 135.
4.28c The Subgrantee shall submit HUD form 60002 as part of the completion documentation
(Exhibit G) for each activity (house) denoting the numeric goals met and any HUD required
explanations, if applicable.
4.29 Other ProUgm Requirements. The Subgrantee shall carry out each activity in compliance with all
other federal acts, regulations and requirements, including but not limited to Executive Order 11246
prohibiting discrimination in employment contracts and directing government contracts to establish and
maintain affirmative action, and all federal laws and regulations described in 24 CFR 570, subpart K except
that:
4.29a The Subgrantee does not assume the Grantee's environmental responsibilities (24 CFR
570.604),unless otherwise specified herein; and
4.29b The Subgrantee does not assume the Grantee's responsibility for initiating the review
process under the provisions of 24 CFR part 52.
4.30 Subgrantee must ensure that there is no change in use from the original funded use,as this is a
violation of CDBG regulations.
5. Evaluation and Reports The Subgrantee agrees to participate with the Grantee in any evaluation
project or performance report, as designed by the Grantee or the appropriate federal agency, and to
mare available all information required by any such evaluation process. Such evaluation reports may
include but are not limited to the forms attached and incorporated herein:
Quarterly Status Reports(due quarterly)(Exhibit B)
• Project Completion Checklist(due within 30 days after the completion of an activity) (Exhibit G)
• NOT
APPLICABLE TO THIS AGREEMENT
• Women&Minority Business Owner Report Q (due within 30 days after the completion of an activlty(E-mit q
• Contract and Subcontract Activity Report(due within 30 days after the completion of an activity) (Exhibit D)
• Section 3 Reporting Form(Exhibit H)
Additionally,the subgrantee will submit to the grantee,by the deadline set by the grantee, such reports/forms
that assist the grantee in fulfilling the grantees"desktop"monitoring responsibilities.
All reports and forms shall be submitted to: Washington County Community Services, 14949 62nd Street
North, Stillwater,Minnesota 55082.
6. Audits and Inspections. The Subgrantee shall obtain an independent audit for any calendar year
during which the agency received at least $500,000 of federal funds. Such audit shall be made by qualified
individuals who are sufficiently independent of those who authorize the expenditure of federal funds. The
audit report shall state that the audit was performed in accordance with the generally accepted governmental
audit standards for financial compliance audits of the US General Accounting Office Standards for Audit of
Governmental Organizations, Programs, Activities, and Functions, and the provisions of OMB Circular A-
110. When applicable, the Subgrantee shall also comply with the audit requirements of revised OMB
Circular A-133 (June 24, 1997).
7. Records.
8
Page 58 of 194
7.1 The Subgrantee shall compile and maintain records required by HUD regulations (24 CFR
570.506)including:
7.1 a Financial Management. Financial management records shall identify adequately the source
and application of funds for activities within this Agreement, in accordance with the provisions of
the U.S. Office of Management and Budget Circular A-102 or A-110 as appropriate. These records
shall contain information pertaining to grant awards and authorizations, obligations, unobligated
balances,assets,liabilities,outlays,and income.
7.1b Citizen Participation. Narrative and other documentation describing the process used to
inform citizens concerning the amount of funds available,the ranges of project activities undertaken,
and opportunities to participate in funded block grant projects.
7.1c Relocation. Indication of the overall status of the relocation workload and a separate
relocation record for each person, business, organization, and farm operation displaced or in the
relocation workload.
7.1d Property Acquisition. The Subgrantee files must contain:
(1) Invitation to the property owner to accompany appraiser during inspection;
(2) One property appraisal;
(3) Statement of basis for determination of just compensation;
(4) Written offer of just compensation;
(5) All documents involving conveyance;
(6) Settlement cost reporting statement;and
(7) Notice to surrender possession of premises.
7.1 a Equal Opportunity. Racial, ethnic, and gender data showing the extent to which these
categories of persons have participated in, or benefited from, the activities carried out under this
Agreement. The Subgrantee shall also maintain data which records its affirmative action in equal
opportunity employment, and its good-faith efforts to identify, train, and/or hire lower-income
residents of the project area and to utilize business concerns which are located in or owned in
substantial part by persons residing in the area of the project.
7.1 f Labor Standards. Records regarding compliance of all contractors performing construction
work under this Agreement with the labor standards made applicable by 24 CFR 570.603.
7.lg Determination of Conditions of Slum and Blight.The Subgrantee shall submit:
(1) An attorney's opinion that an area designated as slum or blighted for the purpose of
qualifying a CDBG activity meets the state or local definition of the same;
(2) The boundary of the area so designated; and
(3) A list of the conditions the CDBG-funded activity is intended to address. In the
event that a single property is designated as blighted,the subgrantee must submit a certified
building inspectors report on the conditions leading to that determination.
7.1h _Economic Development. Financial statements that indicate the historical and projected
income of any company approved for CDBG assistance. Records will include three years of profit
and loss statements, balance statements, and projected income statements. The Subgrantee will also
keep records indicating the amount and terms of assistance provided together with an explanation of
how the assistance provided meets the "necessary and appropriate" requirements communicated in
the June 2, 1987, Stokvis memorandum.
9
Page 59 of 194
7.1i Area Benefit. For activities providing an area benefit (24 CFR 570.208 (a)(1)), the
Subgrantee will submit:
(1) A map showing the location of the CDBG-funded activity and the service area
boundary for the activity;
(2) An explanation of how the service area boundary was determined, including
justification for each individual line segment defining the service area boundary; and
(3) The percentage of low and moderate-income persons in the service area and the data
used to determine that percentage.
7.l j Other. Such other records as may be required by the Grantee and/or HUD.
7.2 Retention of Records. Required records shall be retained for a period of five (5) years after
termination of this Agreement,except as follows:
7.2a Records that are the subject of audit findings shall be retained for five (5) years after such
findings have been resolved;
7.2b Records for nonexpendable property shall be retained for five (5) years after its final
disposition. Nonexpendable property is defined in the US Office of Management and Budget
Circular A-102 or A-110 as appropriate.
7.3 Access to Records.
7.3a All data collected, created,received,maintained, or disseminated for any purposes by the
activities of the contractor,because of this agreement,is governed by the Minnesota Government
Data Practices Act,Minnesota Statutes Chapter 13,as amended,the Minnesota Rules implementing
such Act now in force or as adopted,as well as federal regulations on data privacy.
7.3b The Grantee shall have full access to all records relating to performance of this Agreement.
7.3c The Subgrantee shall make all records available for audit or inspection at any time, and as
often as they may deem reasonably necessary, shall have access to and the right to examine, audit,
excerpt, and transcribe any books, documents, papers, records, etc., and accounting procedures and
practices and involve transactions relating to this agreement upon the request of the U.S.Department
of Housing and Urban Development, the County, State Auditor, Grantee or its authorized
representatives.
8. Oblitations and Responsibilities. The Subgrantee agrees to assume and carry out the Grantee's
obligations and responsibilities under the Cooperation Agreement entered into between the Grantee
and the participating cities concerning Washington County's CDBG Program.
9. General Conditions. The following general conditions shall apply to the Subgrantee.
9.1 Independent Contractor. For the purpose of this Agreement, the Subgrantee shall be deemed an
independent contractor, and not an employee of the Grantee. Any and all employees of the Subgrantee
or other persons,while engaged in the performance of any work or services required by the Subgrantee
under this Agreement, shall not be considered employees of the Grantee; and any and all claims that
may or might arise on behalf of said employees or other persons as a consequence of any act or
omission on the part of said employee or the Subgrantee shall in no way be the obligation or
responsibility of the Grantee.
10
Page 60 of 194
It will be agreed that nothing within the contract is intended or should be construed in any manner as
creating or establishing the relationship of co-partners between the parties or as constituting the
Contractor/Consultant as the agent,representative, or employee of the County or the(County
Department)for any purpose or in any manner whatsoever.The Contractor/Consultant is to be and
shall remain an independent Contractor with respect to all services performed under this agreement.
The Contractor/Consultant will secure, at its own expense, all personnel required in performing
services under the agreement. Any and all personnel of the Contractor or other persons,while engaged
in the performance of any work or services required by the Contractor under this agreement shall have
no contractual relationship with the County or the (County Department) and shall not be considered
employees of the County or(County Department).
9.2 Hold Harmless/Indemnification.
9.2a It is agreed that the Subgrantee shall defend, indemnify, and hold harmless the Grantee, its
officers and employees against any and all liability, loss, costs, damages, and expenses which the
Grantee, its officers or employees may after sustain, incur or be required to pay arising out of the
Subgrantee's performance or failure to adequately perform its obligations pursuant to this
Agreement.
9.2b It is further agreed that the Subgrantee shall notify the Grantee of any actual or potential
claims against the Grantee that may arise as a consequence of any of the work or services performed
or furnished by the Subgrantee under the terms of this Agreement.
9.2c The Subgrantee will require in contracts with any subcontractors under this Agreement that
the Contractor will indemnify and hold the Grantee and its officers, employees, and agents harmless
from any claims, suits or damages arising out of any act or omission of the Contractor, its officers,
agents, or volunteer workers in the performance of the services provided for by this Agreement.
9.2d The subgrantee further agrees that in order to protect itself, as well as the County under the
indemnity provision set forth above, it will at all times during the term of this Agreement keep in
force:
(1) Insurance Requirements The contractor agrees that in order to protect itself,as well as the
County,under the indemnity provisions set forth above, it will at all times during the term of
this Agreement,keep in force the following insurance protection in the limits specified.
a. Commercial General Liability/Professional Liability with contractual liability
coverage in the amount of the County's tort liability limits set for in Minnesota
Statute 466.04 and as amended from time to time.
b. Automobile coverage in the amount of the County's tort liability limits set for in
Minnesota Statute 466.04 and as amended from time to time.
C. Worker's Compensation in statutory amount(if applicable).
(2) Prior to the effective date of this Agreement, the ContractorNendor/Consultant will furnish
the County with a current and valid proof of insurance certificate indicating insurance
coverage in the amounts required by this agreement. This certificate of insurance shall be on
file with the County throughout the term of the agreement. As a condition subsequent to this
agreement, ContractorNendor/Consultant shall insurance that the certificate of insurance
provided to the County will at all times be current. The parties agree that failure by the
ContractorNendor/Consultant to maintain a current certificate of insurance with the County
shall be a substantial breach of the contract and payments on the contract shall be withheld
11
Page 61 of 194
by the County until a certificate of insurance showing current insurance coverage in amounts
required by the contract is provided to the County.
(3) Any policy obtained and maintained under this clause shall provide that it shall not be
cancelled, materially changed, or not renewed without thirty days' notice thereof to the
County.
9.2e The Subgrantee agrees that in contracts with any subcontractors under this Agreement, it
will require the Contractor at all times during the course of the contract to have and keep in force a
general liability policy insuring itself at a level not less than the liability limits set forth above and to
provide Certificates of Insurance to the Subgrantee and Grantee.
9.3 Transfer. The Subgrantee shall not assign any interest in this Agreement and shall not transfer any
interest in the same,whether by assignment or subcontract,without the prior written consent of the Grantee.
9.4 Amendments. Any alteration, variation, modification, or waiver of the provision of this Agreement
shall be valid only after it has been reduced to writing and duly signed by both parties.
9.5 Waiver. The waiver of any of the rights and/or remedies arising under the terms of this Agreement
on any one occasion by either party hereto shall not constitute a waiver of any rights and/or remedies in
respect to any subsequent breach or default of the terms of this Agreement. The rights and remedies
provided or referred to under the terms of the Agreement are cumulative and not mutually exclusive.
9.6 Liability. Notwithstanding any other provision of this Agreement to the contrary, the Subgrantee
shall not be relieved of liability to the Grantee for damages sustained by the Grantee by virtue of any breach
of this Agreement by the Subgrantee, and the Grantee may withhold any payments to the Subgrantee for the
purpose of set-off until such time as the exact amount of damages due the Grantee from the Subgrantee is
determined.
9.7 Entire Agreement. This Agreement, as well as Exhibits B through G, which are attached hereto and
incorporated herein by reference, shall constitute the entire Agreement between the parties and shall
supersede all prior oral or written negotiations.
9.8 HUD Approval. It is expressly understood between the parties that this Agreement is contingent
upon the approval of HUD and its authorization of grant monies to the Grantee for the purpose of this
Agreement.
9.9 Compliance. In performing the provisions of Ups Contract,the Subgrantee agrees to comply with all
federal, state, or local laws and all applicable rules, regulations, or standards established by any agency of
such governmental units,which are now or hereafter promulgated.
10. Annual Budget and Billing Procedures.
10a It is understood that the Funding Approval/ Agreement (HUD 7082) is based upon a
program budget reflecting receipt of $699,694.00 in CDBG Funds from HUD for Program Year
2013, of which $30,000.00 is allocated to the Subgrantee as the maximum amount available under
this contract.
10b The Subgrantee shall submit requests for reimbursement promptly upon completion of each
milestone or activity and upon receipt of proper documentation from any contractors used on the
project. Requests for reimbursement shall be in a format acceptable to the Grantee and shall be
12
Page 62 of 194
submitted to CDBG c/o Washington County Community Services, 14949 62nd Street North,
Stillwater,Minnesota 55082.
10c The Grantee will withhold Three Thousand Dollars ($3,000.00) under this contract award
amount until complete project information is obtained and entered into the disbursement and
information system(IDIS). The completion documents shall be supplied to the Grantee on or before
completion dates detailed in Section 12.1 —Milestones,whereupon the retainage amount of$3000.00
will be granted to the Subgrantee. This is to ensure compliance with project completion and program
record requirements as stated in 24 CFR Sections 92.502 and 92.508_
11. General Compliance. The Subgrantee shall comply with the following:
11.1 Spparabil i . In the event any provision of this Agreement shall be held invalid and unenforceable,
the remaining provisions shall be valid and binding upon the parties unless such invalidity or non-
enforceability would cause the agreement to fail its purpose. One or more waivers by either party or any
provision,term, condition, or covenant shall not be construed by the other party as a waiver of a subsequent
breach of the same by the other party.
11.2 Applicable Laws. The Subgrantee further agrees to comply with all federal, state, and local laws or
ordinances, and all applicable rules, regulations, and standards established by any agency of such
governmental units, which are now or hereafter promulgated insofar as they relate to the Subgrantee
performance of the provisions of this Agreement.
11.4 Jurisdiction&Venue. This contract,amendments and supplements thereto, shall be governed by the
laws of the State of Minnesota.All actions brought under this agreement shall be brought exclusively in
Minnesota State Courts of competent jurisdiction with venue in Washington County.
11.5 Possession of Firearms on Co=n Premises. Unless specifically required by the terms of this
contract,no provider of services pursuant to this contract,including but not limited to employees, agents or
subcontractors of the(Vendor or Contractor,depending upon which term is used)shall carry or possess a
firearm on county premises or while acting on behalf of Washington County pursuant to the terms of this
agreement.Violation of this provision shall be considered a substantial breach of the Agreement; and, in
addition to any other remedy available to the county under law or equity.Violation of this provision is
grounds for immediate suspension or termination of this contract.
11.6 State Law. This Agreement shall be interpreted and construed according to the laws of the state of
Minnesota.
12. Scone of Services. As required in 24 CFR 570.503, the Subgrantee will be responsible for the
administration of the following services under this Agreement. No more than 50% of the contracted funds
shall be used for non-construction,non-acquisition activities. If there is more than one activity, funds can be
reallocated among the specified activities through consultation with the Grantee and followed by a written
request to the Grantee. Reallocation of funds must be requested prior to completion of the activities.
12.1 Use of CDBG funds. Fiscal year 2013 CDBG funds in the amount of$30,000.00 will be
used for the following purpose(s)and eligible costs:
Installation of a hard surface,ADA compliant pedestrian trail along the east side of Osgood Avenue,
extending south from Highway 36 to 58�"Street.
13
Page 63 of 194
Budget:
FY 2013 CDBG funding: $30,000.00
Of this amount no more than$6,000.00 can be used for soft costs including the following
predevelopment costs: Legal fees associated with easements and recording fees;engineering, surveying
or related professional services for the project.
Schedule:
FY 2013 funds will be committed to project activities after July 1,2013,and will be expended according
to the completion dates listed below.
Milestones Completion dates
Environmental Review Completed by Washington County March 30,2014
Maintenance Agreement with Public Works March 30,2014
City Council Approves CDBG Funding Agreement April 30,2014
Washington County Approves Funding Agreement May 30, 2014
Award bid for the project June 30,2014
Begin Work on the project August 1,2014
All project work completed October 31,2014
All CDBG funds expended December 31,2014
Submittal of all Completion documents January 31,2015
12.2 Prior Year Activities. Prior fiscal year activities that are not yet completed continue to be covered by
the Subgrantee Agreement executed for the CDBG program year in which they were originally funded.
13. Additional Requirements. The following additional requirements shall apply to the Subgrantee:
13.1 Program Income. The Subgrantee shall report all program income(as defined at 24 CFR 570.500(a))
generated under this Agreement for the purposes specified herein or generated through the project(s) funded
under this Agreement. During the period this Agreement is in effect, program income shall be returned to
the Grantee. Any program income on hand when the Agreement expires or received after the Agreement
expires shall be returned-to the Grantee as required by 24 CFR 570.503(b)(8).
13.2 Future Support. The Grantee makes no commitment to future support and assumes no obligation for
future support of the activities contracted for herein, except as expressly set forth in this Agreement.
13.3 Funds Not Received. Should anticipated sources of revenue not become available to the Grantee for
use in the CDBG Program, the Grantee shall immediately notify the Subgrantee in writing and the Grantee
will be released from all contracted liability for that portion of the Agreement covered by funds not received
by the Grantee.
13.4 Suspension and Termination. In accordance with 24 CFR 85.43, suspension or termination may
occur if the Subgrantee materially fails to comply with any of the provisions hereof, and the award may be
terminated for convenience in accordance with 24 CFR 85.44. Such termination shall occur thirty(30) days
after receipt by the Subgrantee of written notice from the Grantee specifying the grounds therefore, unless,
prior to such date,the Subgrantee has cured the alleged nonperformance of the provisions of this Agreement.
13.5 Contractor Debarment, Suspension and Responsibility_Certification. Federal Regulation 45 CFR
92.35 prohibits the county from purchasing goods or services with federal money from vendors who have
14
Page 64 of 194
been suspended or debarred by the federal government. Similarly,Minnesota Statutes, Section 16C.03,
subdivision 2,provides the Commissioner of Administration with the authority to debar and suspend vendors
who seek to contract with the county. Contractors may be suspended or debarred when it is determined
through a duly authorized hearing process,that they have abused the public trust in a serious manner.
By signing this agreement,the contractor certifies that it and its principals* and employees:
13.5a Are not presently debarred, suspended,proposed for debarment,declared ineligible,
or voluntarily excluded from transacting business
13.5b Have not within a three year-period preceding this agreement: 1)been convicted of
or had a civil judgment rendered against them for commission of fraud or a criminal offense in
connection with obtaining,attempting to obtain or performing a public(federal, state,or local
government)transaction or contract, 2)violated any federal or state antitrust statutes,or 3)
committed embezzlement,theft, forgery,bribery, falsification or destruction of records,making false
statements or receiving stolen property; and
13.5c Are not presently indicted or otherwise criminally or civilly charged by a
governmental entity for: 1)commission of fraud or a criminal offense in connection with obtaining,
attempting to obtain or performing a public(federal, state,or local government)transaction,2)
violating any federal or state antitrust statutes,or 3)committing embezzlement,theft,forgery,
bribery, falsification or destruction of records,making false statements or receiving stolen property;
and
13.5d Are not aware of any information and possess no knowledge that any
subcontractor(s),that will perform work pursuant to this agreement, are in violation of any of the
certifications set forth above; and
13.5e Shall immediately give written notice to the contract manager should the contractor
come under investigation for allegations of fraud or a criminal offense in connection with obtaining
or performing a public(federal,state, or local government)transaction,violating any federal or state
antitrust statute,or committing embezzlement,theft, forgery,bribery, falsification of records,making
false statements,or receiving stolen property.
*Principals, for the purpose of this certification,mean officers, directors, owners,partners, and
persons having primary management or supervisory responsibilities within a business entity(e.g.,
general manager,plant manager,head of subsidiary division or business segment, and similar
positions).
13.6 Reversion of Assets. Upon the expiration of this Agreement, the Subgrantee shall transfer to the
Grantee any CDBG funds on hand at the time of expiration and any accounts receivable attributable to the
use of CDBG funds. Any real property under the Subgrantee's control that was acquired or improved in
whole or in part with CDBG funds in excess of$25,000 shall be:
13.6a Used to meet one of the national objectives in 24 CFR 570.208 until five (5) years after the
termination of this agreement; or
13.6b Disposed of in a manner that results in the Grantee's being reimbursed in the amount of the
current fair market value of the property less any portion of the value attributable to expenditures of
non-CDBG funds for acquisition of, or improvement to, the property. (Reimbursement is not
required after the period of time specified in paragraph 13.5.a.)
15
Page 65 of 194
13.7 Payment Recou went. The Subgrantee shall reimburse the Grantee upon demand at any time, any
amounts paid by the Grantee under this contract for which the U.S. Department of Housing and Urban
Development requires repayment due to noncompliance with federal requirements.
13.8 Sub Contractor Prompt Payment. Pursuant to Minnesota Statute §471.425 subd. 4a.,
contractor shall pay any subcontractors within 10 days of the contractor's receipt of payment from
the county for undisputed services provided by the subcontractor. The contractor shall pay interest
of 1'/a percent per month, or any part of a month, to the subcontractor on any disputed amount not
paid on time to the subcontractor. The minimum monthly interest penalty payment for an unpaid
balance of$100 or more is $10. For an unpaid balance of less than$100,the prime contractor shall
pay the actual penalty due to the subcontractor. The subcontractor shall have third party rights
under this agreement to enforce this provision.
13.9 Vendor/Contractor Information Technology Usage-Agreement. All vendors and contractors having
access to county information technology resources in the course of their work for the county will be required
to sign the county Vendor/Contractor Information Technology Usage Agreement which is attached hereto
and incorporated herein as Exhibit.
Applies to this contract
121 Yes G No
13.10 Withholdina. The contractor or any subcontractor shall comply with the provisions of Minnesota
Statute 270C.66,and final settlement with the contractor or subcontractor requiring the employment of
employees for wages shall not be made until satisfactory showing is made that the contractor or
subcontractor has complied with the provisions of section 290.02.A certificate by the commissioner of
revenue issued to the contractor or subcontractor shall satisfy this requirement.
14. Certification For Contract, Grants, Loans And Cooperative Agreements. The Subgrantee
certifies,to the best of its knowledge and belief,that:
14.1 No federal appropriated funds have been paid or will be paid,by or on behalf of it,to any person for
influencing or attempting to influence an officer or employee of any agency, a member of Congress, an
officer or employee of Congress, or an employee of a member of Congress in connection with the awarding
of any federal contract,the making of any federal grant, the making of any federal loan, the entering into of
any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any
federal contract, grant,loan, or cooperative agreement;
14.2 If any funds other than federal appropriated funds have been paid or will be paid to any
person for influencing or attempting to influence an officer or employee of any agency, a member of
Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with
this federal contract, grant,loan, or cooperative agreement, it will complete and submit Standard Form-LLL,
"Disclosure Form to Report Lobbying,"in accordance with its instructions; and
14.3 It will require that the language of paragraphs 1 and 2 of this anti-lobbying certification be included
in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under
grants,loans,and cooperative agreements)and that all Subgrantees shall certify and disclose accordingly.
15. Delegation of Authority. The Community Services Department is delegated the authority to
amend all provisions of this agreement by execution of the Community Services Director.
16
Page 66 of 194
16. Notice. Written notice to be provided under this Agreement shall be provided as follows:
For the Grantee: For the Subgrantee:
Daniel J.Papin,Director Dr.Eric Johnson,AICP
Washington County Community Services City Administrator
14949 62nd Street North City of Oak Park Heights
PO Box 6 14168 Oak Park Blvd.N.
Stillwater,MN 55082 PO Box 2007
Oak Park Heights,MN 55082
IN WITNESS WHEREOF,the Grantee and the Subgrantee have executed this Subgrantee Agreement on the
date indicated below.
For the Grantee For the Subgrantee
Autumn Lehrke Date By: Date
Chair,Washington County Board Its:
Molly O'Rourke Date By: Date
County Administrator Its:
Daniel J.Papua Date
Director, Community Services
Approved as to form:
Assistant County Attorney Date
17
Page 67 of 194
Washington County CDBG Program
Key Contact Designation Form
Project Manager:
The project manager is the person authorized by the Subgrantee as the primary contact person for
this CDBG Agreement.
Name Dr.Eric Johnson,AICP
Title City Administrator
Organization/Community Name City of Oak Park Heights
Address 14168 Oak Park Blvd.N.
Mailing Address: PO Box 2007
City, State,Zip Code Oak Park Heights,MN 55082
Telephone (651)439-4439
Cellular Phone/Pager (651)253-7837
Fax (651)439-0574
E-mail eajohnson @cityofoakparkheights.com
18
Page 68 of 194
Exhibit B
WASHINGTON COUNTY QUARTERLY REPORTING FORM
Community Development Block Grant Program
Home Investment Partnership Program
Part One: General Information:
Subrecipient reporting: Reporting Period:
Contract#: Program Year funds: CDBG Funds in contract: $30,0000
Brief Description of activity/project included in this report:
Person completing Telephone Date
report: Number: submitted:
Part Two: Complete for Land Acquisition for Housing
Date as Status of Activity
MILESTONE: Scheduled
in Grant Date
Contract Date Done Anticipated Notes on Status*
19
Page 69 of 194
Exhibit C
Washington County Minority/Women Owned Business Enterprises FY 2013-14
Part III: Minority Business Enterprises(MBE)and Women Business Enterprises(WBE)
In the table below,indicate the number and dollar value of contracts for CDBG or HOME projects completed during the reporting period.
Minor Business Enter rises MBE
Total Alaskan Native or Asian or Black Hispanic White
American Indian Pacific Islander Non-Hispanic Non-Hispanic
Contracts:
Number 0
Dollar Amount 0.00
Subcontracts:
Number 0
Dollar Amount 0.00
Total Women Business Male
Enterprises WBE)
Contracts:
Number 0
Dollar Amount 0.00
Subcontracts: I
Number 0
Dollar Amount 0.00
The CDBG and ROME fiscal year(FY)is from July 1,20_through June 30,2q_. This form is due to Diane Elias,Washington
County Community Services,14949 62nd Street North,Stillwater,Minnesota 55082,by July 31.20_ .
20
Page 70 of 194
Exhibit D
;oil PL
14 It f
8
r .
P
d
21
Page 71 of 194
Exhibit F
t
Z
cL
In
mO
km
II
� ats
e
7
r
m �
k? m �
CD
o
y ° i
wS + z°Ln
z M LLB] 2 F° - w if
e
1L r vi dS d vi 2 CL`o
CL
CL m Al
a p. r
22
Page 72 of 194
Exhibit G
Wa�W*ngton
• County
Home Investment Partnership(HOME)Program
Community Development Block Grant(CDBG)Program
Completion Checklist
Type of Funding: ® CDBG ❑ HOME
Amount of Funding: $ 30.000
Program Year Funding: 2013
Address of Unit(s): Oak Park Heights Pedestrian Trail alona Osaood Ave.
Contract Attachments
Washington County Key Contact Designation Form (Exhibit Al ® ❑ NA
Quarterly Reporting Form (Exhibit B) ® ❑ NA
Minority/Women Owned Business Enterprises (Exhibit C) ® ❑ NA
Contract and Subcontract Activity(Exhibit D-HUD--2$16) ® ❑ NA
Section U I-orm (Exhibit H-HUD 00002) ® ❑ NA
Demegmphir. InfamiatioR-F-Gr-rr*-(&XNAbit E-Parts 1&2) __ - - j_; 04'dr k
Mstohing/L€verage--Funds-RepGft t€xh"-€-Hup--4ot$74 ❑ ���.
Other Documentation
Copy of C�rt�fi�s�- c4 Oes�pa+�c;�r ieerw�stee;ct��n+jry LJ
G9py f the-rE G -B G6 -*a EI
t.,er#dt)c e-9¢--i- =c4 COMISIFtk�n bV C0;se.40pel (F-rm,3fq [? #+?
Certification of Cost Allocation between Soft& Hard Costs (Form-4a) ® ❑ NA
Final certification of funding sources & uses statement(form 5a) ® ❑ NA
Certification of Contractor Eligibility Form (Form-6b) ® ❑ NA
Copy of{Lien Waivers from General and Sub Contractors E El NA
C`c'rifficatio of Goyernm°nt�{�n —(€$If7�8a) li I D 1i�"vr1b.
r`{`s,r4ifirrr "rrvv'i'vrnr ''� 1 Ability to Pa Form 7a)
Copy of uyceF
NAP +sab+e-te H {yer-prqJeGts snW
e OF RR-W n9n6tF Unti9n appfalsa iJ
1
Washington County staff
f based has inspected completed project ® _❑ NA
c i}�i��i-�lot'l�;+�-ot Lead-��rise Fequ4e &-' f�t �,'�i�..pl-1�■"MT!�
23
Page 73 of 194
Exhibit H
Section 3 Summary Report U.S.Department of Housing OMB Approval No.2529-0043
Economic Opportunities for and Urban Development (eta.8131=07)
PP Office of Fair Housing
Low-and Very Low-Income Persons and Equal Opportunity HuoFleitl4mce:
See!rack of page tar Public Reporting Burden statement
1.Recipient Name 8 Address:(street,city,stab.zip) 2.Federal Identification.(conkwVawardno.) 3. Dollar Amcurd olAward.
4.Contact Person: 5.Phone:pnolude area code)
S.Reporting Period: 7.Date Report Submitted:
8.Program Code; (Use a separate sheet g.Program Name:
for each program code)
Part I: Employment and Training (" Include New Hires in columns E&F.)
A B C D E" F"
Numberol Number of New %ol Aggregrale Number %of Total Staff Hours Number of Section 3
Job Category Now Hires Hires that are of Staff Hours of New Hires for Section 3 Employees Employees
Sec.3 Residents that are Sec.3 Residents and Trainees and Trainees
Professionals
Technicians
Officelclencal
Construction by Trade(List)
Trade
Trade
Trade
Trade
Trade
Other(List)
Total
Program Codes 3=Public/indlan Housing 4=Homeless Assistance 8=CDBO-State Administered
1 =Fietdble Subaidy A=Development, 5=HOME 9=Other CD Programs
2=Section 2021811 a=Operation 6=HOME-State Administered 1 D=Other Housing Programs
C=Modernization 7=CD86-Entitlement
form HUD-600012(612001)
Pagel of 2 re124 CFR 135
24
Page 74 of 194
Part II: Contfacta Awarded
t, Construction Contracts:
A. Total dollar amount of all contracts awarded on the project $
9. Total dollar amount of contracts awarded to Section 3 businesses $
C.Percentage of the total dollar amount that was awarded to Section 3 businesses %
D. Total number of Section 3 businesses receiving contracts
2. Non-Construction Contracts:
A. Total dollar amount of all non-construction contracts awarded on the project/activity S
B. Total dollar amount of non-construction contracts awarded to Section 3 businesses
C.Percentage of the total dollar amount that was awarded to Section 3 businesses %
D.Total number of Section 3 businesses receiving non-construction contracts
Part;II1II: Su mma r°y
Indicate the efforts made to direct the employment and other economic opportunitles generated by HUD financial assistance for housing
and community development programs,to the greatest extent feasible,toward low-and very low-income persons,particularly those who
are recipients of government assistance for housing, (Check all that apply.)
Attempted to recruit low-income residents through:local advertising media,signs prominently displayed at the project site,contacts
with community organizations and public or private agencies operating withln the metropolitan area(or nonmetropolitan county)
In which the Section 3 covered program or project Is located,or similar methods.
Participated in a HUD program or other program which promotes the training or employment of Section 3 residents.
Participated In a HUD program or other program which promotes the award of contracts to business concerns which meet the
definition of Section 3 business concerns.
Coordinated with Youthbulld Programs administered In the metropolitan area In which the Section 3 covered project Is located,
Other;describe below.
Public reporting burden for this collection of Information is estimated to average 2 hours per response,including the time for reviewing Instructions,
searching existing data sources,gathadrig and maintaining the data needed,and completing and reviewing the collection of irdonnation. This agency
may not collect this Information,and you are not required to complete this form,unless it displays a currently valid OMB control number.
Section 3 of the Housing and Urban Development Act of 1968,as amended,12 U.S.C.1701 u.,mandates that the Department ensure that employment
and other economic opportunities generated by Its housing and community development assistance programs are directed toward low-and very low-
income persons,particularly those who are recipients of government assistance for housing. The regulations are found at 24 CFR Part 135. The
Information will be used by the Department to monitor program recipients'compliance with Section 3, to assess the results of the Department's efforts
to meet the statutory objectives o1 Section 3,to prepare reports 10 Congress,and by recipients as a self-monitoring tool. The data Is entered Into a data
base and will be analyzed and distributed. The collection of Information involves recipients recenring Federal financial assistance for housing and
community development programs covered by Section 3. The Information will be collected annually to assist HUD in meeting Its reporting requirements
under Section 808(x)(6)of the Fair Housing Act and Section 916 of the HCDA of 1992. An assurance of ccrdidentiality Is not applicable to thts form.
The Privacy Act of 1974 and OMB CimularA-108 are not applicable. The reporting requirements do not contain sensitive questions. Data Is cumulative;
personal identifying information is not Included.
form HUD-60002(612001)
Pace 2 of 2 ref 24 CFR 135
25
Page 75 of 194
stantec consulting Services Inc.
2335 Highway 36 West
St.Paul MN 55113
Tel: (651)636-4600
Sta ntec Fax:(651)636-1311
March 20,2014
Mr.Eric Johnson
City Administrator
City of Oak Park Heights
14168 Oak Park Blvd., P.O. Box 2007
Oak Park Heights,MN 55082-2007
Re: Osgood Avenue Trail Improvements-Engineering Design fee Proposal
Dear Mr.Johnson:
We are pleased to submit the following proposal for services related to the Osgood Avenue Trail
Improvements in the City of Oak Park Heights,Minnesota.The proposed trail alignment is on the
east side of Osgood Avenue N.from 58'h Street North to Trunk Highway 36 South Frontage Road as
shown on the attached figure No, 1.
Project Understanding:
Osgood Avenue N.is Washington County State Aid Highway 24. Since the roadway is under
County jurisdiction,the County requires that the trail conforms to the State Aid MNDOT Bikeway
Facility Design Manual. The list below summarizes items from the design manual and County
requirements that are critical to the pathway alignment along Osgood Avenue N.
MNDOT Design Manual
• On each side of the path,adjacent to the paved surface, a minimum 2 foot graded
shoulder area with a maximum slope of 6:1 is recommended.
• An additional 1 foot clearance is recommended from the shoulder to trees,poles,walls,
fences and other lateral obstructions.
• Minnesota Manual on Uniform Control Devices (MN MUTCD) recommends that lateral
clearance for signage poles be a minimum of 3 feet.
Washinaton County
• Washington County requires a 4 foot setback from the curb to any signage.
Given the County and state aid requirements listed above,it will be necessary to design the trail
with a minimum 5 foot boulevard between the concrete curb on Osgood Avenue N. and the
edge of the bituminous trail. The trail will be designed to a standard eight-foot width based upon
the City of Oak Park Heights Standards.
The boulevard along Osgood Avenue N.is cluttered with numerous obstacles and it will be difficult
to determine the exact trail alignment without thorough on-site investigations,local business or
property owner participation and private utility coordination. In addition, landscaping items such
as trees, Lushes,rock mulch, retaining walls and signs will be removed or relocated for the
Design with community in mind
Page 76 of 194
VY
March 20,2014
Eric Johnson
Page 2 of 4
Reference. Osgood Avenue Trail Improvements—Engineering Design Fee Proposal
installation of the bituminous trail, as necessary.
The picture at the right identifies some of the
obstacles that will be in conflict with the
proposed trail_
Easements
Due to the limited right-of-way and the
required 5 foot setback,the trail alignment will
be on private property in many areas and
easement acquisition will be required. It's our
understanding that the city will prepare all --
documentation and exhibits necessary to
secure and record the easements for the Bauk%wdaftsbclesand dailal~tcanfi tL
proposed trail alignment. (Pirorata+kma*cmtto Holiday-511a bon)
Permits
The construction of this trail will require review and permits from several different governmental
agencies. The list below identifies these agencies and the corresponding permits:
• Middle St.Croix Watershed District-Watershed Permit
• Washington County-Right of Way Permit
• MNOOT-installation of Utilities or Miscellaneous Work on Trunk Highway Right Of Way
Bid,dins
We are assuming the construction cost for this proposed trail will be below the amount required to
publicly bid and award the project,therefore only quotes will be obtained from licensed and
bonded local contractors to perform the work.
Scope of Work•
Task 1 -Data Collection and Coordinafion:
• Private utility coordination
• Topographic Survey
• Public involvement and coordination
• Preliminary horizontal trail design graphics
• Washington County and MnDot coordination
Hourly not-to-exceed Amount: $4,000
Design with r:or m pity in mind
Page 77 of 194
Aw
March 20,2014
Eric Johnson
Page 3 of 4
Reference: Osgood Avenue Trali Improvements-Engineering Design Fee Proposal
Task 2-Rnal Design:
■
Prepare final plans and specifications
■ Prepare quote form forbids
■ Solicit a minimum of three quotes from focal contractQrs
■ Prepare Addenda If necessary
Hourly not-to-exceed Amount: $8,500
Task 3-Construction Administration:
■ Construction staking
■ Punch list and warranty inspection
■ Coordinate material testing
■ Record drawings
■ Project Closeout
Hourly not-to-exceed Amount: $1000
Task 4-Construction ObservoHon(Assume 20 hours for RPR):
■ Quality Control/Assurance
■ Weekly inspection reports
■ Measure installed bid items
■ Resident liaison
■ Project coordination
Hourly not-to-exceed Amount: $2,800
Compensalron
Tasks 1 -4 for this project will be based on an hourly not-to-exceed amount of$16,300.
Services provided that are beyond the scope as identified in this Agreement all not commence
until the additional work has been agreed upon,
Schedule
The schedule is being defined as the project progresses and we will work ' h the City of Oak Park
Heights to identify and schedule milestones to ensure the project is moving forward in a timely
fashion.
The proposed schedule for the project is as Follows:
Topographic Survey This project will require post- April 18,2014
Final Plans and Specifications completetion easement May 9,2014
Receive Quotes May 23,2014
descriptions that will properly
identify the trail corridor for
Design with community in mind recording. This is estimated at
an additional $3,200
Page 78 of 194
5
March 20,2014
Eric Johnson
Page 4 of 4
Reference: Osgood Avenue Trail Improvements-Engineering Design Fee Proposal
Award Contract May 27,2014
Commence Construction Early July 2014
Final Completion Eady August 2014
Approval
If this letter satisfactorily sets forth conditions of our Agreement, please sign in the space below
and return one copy to our office.Thank you again for the opportunity to provide these services.
Sincerely,
Stantec Consulting Services Inc.
r
A. 294
Brad A. Relfsteck, PE Christopher W. Long, PE
Project Manager City Engineer
CITY OF OAK PARK HEIGHTS
Print(dame and Title
Date
Attachments:Figure 1
Cc: Eric Johnson-Oak Park Heights;Andy Kegley-Oak Park Heights
\lls1241-ti11\soeeiai\client\mursi�innl\ook oark WOW ci mn\Projects\2015\Osgood Trnjl\EJ Liter Pte, gW.Q
Ave Trd#4 20 1 A.docx
Design with comma r.Ity In+hind
Page 79 of 194
T.H. 36 ='
ROAD
..� A - J � } � h� Fes"•_- - �! INK �d
ham- AS
Pip
S1AA 1 a
P
F
46T
r, - ALV IME� #,
59V ST
Sri t��Y�+f.ia�Jisl.•.�"��.�,„. 11
42 a
s it
FYI I
A LLI
> AF GO
w/ Nd
-'
58TH ST N 7
7. ,
' ° F
d ar. 9
LEGEND ■ � ;' I i"V�'
PROPOSED
TRAIL IMPROVEMENT
o 100 zuo ,.ST N
Harlm iai scat!In Fed uPV-n•+ ''' :. �M
PIT
8
PROPOSED TRAIL IMPROVEMENT
pi CITY OF OAK PARK HEIGHTS, MINNESOTA FIGURE: 1 � ,
Az
'�4L5 KOhwg36 W
61 P.A,MN 65119
DATE MARCH 2014 PROJ.NO.;793BOXXYX
Page 80 of 194
x
ii i s �I
1 11
1 +
1
s '
.5I
.ZI .ZT
.Zl
.Lt
�T
.bI
.61 67H5.07
•r/ �f T'� ^Ii7
2f �� •
�t� 2•
1
I °U
i ljs
1 3
X
Jx
Page 81 of 194
THIS PAGE IS INTENTIONALLY LEFT BLANK
Page 82 of 194
7
Oak Park Heights
Request for Council Action
Meeting Date March 25' 2014
Time Required: 10 Minutes
Agenda Item Title: Hall and HalI Pro 'es LLC conditional use Permit and Design
Guidelines Review— 13999 60'Street N.
Agenda Placement New Business
Originating Department/Req or c so city Administrator
Requester's Signature
Action Requested Discussio ossible Action
Background/Justification(P ase indicate if any previous action has been taken or if other public
bodies have advised):
Please see the enclosed from Scott Richards, City Planning Consultant.
1. Planning Report dated March 5h 2014&
2. Follow-up report dated March 2e,2014 regarding parking lot setback
3. Recommending Resolution from the Planning Commission_Unsigned
4. Proposed City Council Resolution
Page 83 of 194
TPC3601 Thurston Avenue N, Suite 100
Anoka, MN 55303
Phone: 763.231.5840
Facsimile. 763.427.0520
TPC@PlanningCo.com
PLANNING REPORT
TO: Eric Johnson
FROM: Scott Richards
DATE: March 5, 2014
Oak Park Heights Gateway Building - Design Guidelines/Site
Plan Review and Conditional Use Permit for Number of Parking
Spaces - 13999 60th Street North
TPC FILE: 236.02 14.01
BACKGROUND
Roger Tomten of ARCNET on behalf of Hall and Hall Properties has made applications
for Design Guidelines/Site Plan Review and a Conditional Use Permit (CUP) for number
of parking spaces at 13999 60th Street North to demolish the existing building and
construct a new multi-tenant building at the corner of 60th Street and Oakgreen Avenue
North.
In that the existing building will be demolished and this is a totally new building, the
Applicant will need to comply with the Design Guidelines for the building and site
improvements.
The Conditional Use Permit is to allow for the building to be constructed with a slight
reduction in the number of parking spaces from what is required by the Zoning
Ordinance.
EXHIBIT'S
The review is based upon the following submittals:
Exhibit 1: Site Plan Review Narrative, February 12, 2014
Exhibit 2: Certificate of Survey
Exhibit 3: Gateway Building — Cover Page with Perspective Diagram
Exhibit 4: Floor/Roof Plan (A1.0)
Page 84 of 194
Exhibit 5: Elevations/Section (A3.0)
Exhibit 6: Existing Conditions and Demo Plan (C1.1)
Exhibit 7: Layout Plan (C2.1)
Exhibit 8: Grading and Erosion Control Plan (C3.1)
Exhibit 9: Utility Plan (C4.1)
Exhibit 10: Details (C5.1)
Exhibit 11: Drainage Map (D1)
Exhibit 12: Landscape Plan (1-1.1)
Exhibit 13: Lighting Plan (E1.1)
Exhibit 14: Photometric Plan Detail
Exhibit 15: Trash Enclosure Details (A1.1)
Exhibit 16: Report of the City Arborist
PROJECT DESCRIPTION
The Site Plan Review Narrative for the project is found as Exhibit 1.
The existing building will be demolished and replaced with a 7,500 square foot Class A
retail and professional office space. Hall's Chiropractic Clinic will remain as the anchor
tenant and the remainder leased out to professional office and retail tenants. Access for
the site will be from Oakgreen Avenue North. The Applicant is coordinating with the
work being done by the Minnesota Department of Transportation related to continuing
access with the pending changes to the intersection.
ISSUES ANALYSIS
Comprehensive Plan. The property is designated as Commercial on the Proposed
Land Use Map. The use of the site as multi-tenant professional office and retail building
is consistent with the Comprehensive Plan.
Zoning. The property is zoned B-4 Limited Business District. The multi-tenant
professional office and retail building is consistent with the B-4 Limited Business District.
Subdivision. The property is in a meets and bounds description. There are no
changes requested related to the lot or easements.
Setbacks. Building setbacks required in the B-4 District are as follows:
Building
Setbacks Required Proposed
Front 40 feet 48 feet
Side 10 feet 12 feet West/100feet East
Rear 20 feet 25 feet
2
Page 85 of 194
The building setbacks are complaint with the Zoning Ordinance requirements. The front
lot line for this property is north, the sides are east and west and the rear property line is
to the south. All parking and drive aisles must be set back at least 10 feet from the
property line. All of the parking and driveway areas are compliant.
Traffic Circulation/Curb Cuts. The site will be accessed by Oakgreen Avenue at the
south end of the property near the current access location. The layout plan indicates
the location of the new Minnesota Department of Transportation (MNDOT) design for
this comer. The project Engineer has had contact with MNDOT and this driveway
would be acceptable. The Applicant will need to obtain an access permit for the
driveway.
Parking. The plans indicate that with the new parking layout there will be 34 parking
stalls on site.
The Zoning Ordinance requires the following parking requirement for professional office
and clinics:
"Three (3) spaces plus one space for each two hundred (200) square feet of floor
area"
The parking calculation for the building would be:
7500 square feet x .9 6,750/200 = 34 + 3 37 required parking stalls
The site will be three spaces short if the professional office and clinic standard is used.
If the building were all retail tenants the parking requirement would be met. Dr. Hall has
indicated he would have two to three Doctors on site and the office staff is limited to one
or two additional persons. With such a limited staff, the parking should be more than
adequate for at least the major portion of the building.
In evaluation of the requested conditional use permit for a parking reduction, Section
401.04.A.7 of the Zoning Ordinance directs the Planning Commission and City Council
to consider the possible effects of the proposed use, with that judgment based upon
(but not limited to) the following factors:
a. Relationship to the specific policies and provisions of the municipal comprehensive plan.
b. The conformity with present and future land uses in the area.
C. The environmental issues and geographic area involved.
d. Whether the use will tend to or actually depreciate the area in which it is proposed.
e. The impact on character of the surrounding area.
f. The demonstrated need for such use.
g. Traffic generation by the use in relation to capabilities of streets serving the property.
h. The impact upon existing public services and facilities including parks, schools, streets,
and utilities, and the City's service capacity.
i. The proposed use's conformity with all performance standards contained herein (i.e.,
Parking, loading, noise, etc.).
3
Page 86 of 194
The Planning Commission and City Council should determine if a three stall reduction
would be appropriate for the building. Staff does not see the reduction of three stalls as
significant especially since the retail parking requirements would be met with the onsite
parking provided.
Snow Storage. The plans indicate allowances for snow storage. The plan shows a
surmountable curb on the north line of the parking lot to allow for moving snow into the
adjacent green area.
Landscaping. The submitted landscape plan is subject to City Arborist review and
approval. City Arborist comments are found as an exhibit to this report. The primary
advantage of the landscape plan is to provide necessary screening between the
building and parking lot to the residential properties to the west and south. The
landscape plan will achieve this screening. The landscape beds east of the parking
area will provide and attractive feature for the comer.
Lighting. The submitted photometric plan illustrates light levels that are within the
maximum of .4 foot candles at the property lines. This is especially important because
of the residential properties that surround the site. All of the fixtures are full cut off and
include LED technology.
The plans indicate that the freestanding fixtures will be mounted on 20 foot poles. Light
standards may not exceed 25 feet from the ground surface to the top of the light fixture.
The plans include eight wall fixtures at the front and rear of the proposed structure. All
light fixtures will need to comply with Section 401.15.13.7 of the Zoning Ordinance as it
relates to lighting requirements.
Trash Storage. The plans show the location and design of the trash enclosure. The
brick will match the main building. The doors will be constructed of metal.
Mechanical Screening. The plans and the narrative indicate that the parapet walls
are designed to totally screen the mechanical equipment.
Grading, Drainage, Erosion Control and Utilities. Grading, drainage, erosion
control, and utility plans are subject to review and approval by the City Engineer. Storm
water issues are also subject to review and approval by the Middle St. Croix Watershed
District.
Signage.
Freestanding Sign. The applicant has proposed reusing the existing pylon sign but has
not proposed a location. The sign can be a maximum of 100 square feet in size and be
no more than 20 feet in height. The Design Guidelines recommend the use of
monument signs within this area.
4
Page 87 of 194
Wall Si na e. The Zoning Ordinance would allow for separate tenant signs in that it is
a multi-tenant building. The signs would need to comply with the Zoning Ordinance
requirements as the tenant spaces are leased.
Sin Illumination. The signs will be required to comply with the Zoning Ordinance
lighting requirements. Staff will approve the lighting specifications for the signs at the
time of permitting.
Design Guidelines
Sustainable Guidelines. The applicant will need to discuss the methods in building
construction and site design with the Planning Commission of how sustainability has
been addressed. The exterior lighting fixtures will all feature LED technology.
Architectural Guidelines.
Facade Treatments
The building will have a definite base, middle and top. The facades feature
differences in materials, prominent columns and a varied roof line to provide
architectural interest.
Ground Level Expression
This is a one story building with excellent visibility to Highway 36. The entrances
to the building will be clearly visible from the intersection.
Trans arenc
The building uses glass on the two facades facing the rights of way. The Design
Guidelines requires at least a 20 percent transparency on ground floor, street
facing facades. The street facing facades will have a transparency of 29.5
percent.
Entries
The building features a prominent entry.
Roof Design
The roofline is broken into two segments. The rooftop mechanical equipment will
be completely screened within the parapet of the building.
Building Materials and Colors
The applicant has provided color elevations for review. The primary building
materials of brick, precast stone and glass are featured on all facades of the
building. None of the prohibited building materials will be used. Building
material samples will be available at the Planning Commission meeting.
5
Page 88 of 194
Franchise Architecture
The building is not a franchise design.
Site Design Guidelines
Building Placement
The proposed building is well placed on the site and will be a prominent feature
of the intersection.
Parking Areas
The parking area is landscaped with perimeter plantings as well as plantings
around the building. The residential properties will be screened from the parking
areas
Storm water
Storm water will be addressed by the City Engineer.
Pedestrian and Common Space
The plans indicate the trail alignment that will be installed by the Minnesota
Department of Transportation when the new intersection and frontage road are
constructed. The Applicant has been asked to provide a future connection from
the trail into the sidewalk at the front of the building.
Landscaping
Building entrance plantings are required. The main entry does not include
planting areas but seasonal pots could be added. The Planning Commission
should comment.
Trees/Shrubs
The trees and shrubs used in the landscape plan shall be subject to the review
and approval of the City Arborist. The Arborist has indicated that the plan is well
designed with a good variety of plant materials.
Utilites/Service/Loadin /Drive-Throu h/Story a Areas
Addressed elsewhere in the planning report.
Lightinci
Addressed elsewhere in the planning report.
Signage
The Applicant should provide more details on the freestanding sign to the
Planning Commission and City Council, if possible.
Pedestrian/ Bicycle Routes
A bike rack will be required. The applicant should identify a location.
6
Page 89 of 194
CONCLUSION 1 RECOMMENDATION
Subject to the preceding review, City staff recommends approval of the following listed
requests subject to the conditions that follow:
• Conditional use permit(CUP)for number of required parking spaces
Design Guidelines/Site Plan Review
1. All grading, drainage, erosion control, and utility plans are subject to review and
approval of the City Engineer. Storm water plans are also subject to review and
approval of the Middle St Croix Watershed District.
2. The Applicant shall obtain a driveway access permit from the Minnesota
Department of Transportation.
3. All light fixtures shall be full cut off, compliant with the height requirements, and
be consistent with Section 401.15.B.7 of the Zoning Ordinance as it relates to
lighting requirements.
4. The Planning Commission shall comment on the building design and building
materials. The applicant has provided building material samples for Planning
Commission review.
5. All mechanical equipment on the roof or on the site shall be fully screened in
accordance with the provisions of the Zoning Ordinance.
6. The Applicant shall replace the existing pylon sign with a monument sign
compliant with the signage requirements of the Design Guidelines.
7. The Applicant shall provide pedestrian access through the site from 60th Street to
the building sidewalk.
8. Outdoor lighting for the parking areas shall be turned off one hour after closing,
except for approved security lighting.
9. All signs shall be designed to comply with the Zoning Ordinance requirements for
internal illumination.
10. The landscape plan shall be subject to the review and approval of the City
Arborist.
11. Building entrance plantings shall be required. The Applicant shall revise the
landscape plan or provide seasonal planters at the main entrance to the building.
12. A bike rack should be identified on the site plan and placed on site.
7
Page 90 of 194
13. The Applicant shall discuss methods of construction and site design as it relates
to sustainability with the Planning Commission.
pc: Julie Hultman
8
Page 91 of 194
PROPOSED Sr l,t? itmu
Notes:
• lnd. iron found.
CERTIFICATE OF SURVEY Notes:
sa Ind. 13774 iron pipe set. Bearing system ie an
Spot Elev's. Ind, Thus: assumed datum.
Exist. contours Ind. Thus: ---rF Underground or overhead, public or privatz
Proposed Elev's. Ind. Thus: rs utilities, on or adjacent the site, were
¢� (Boxed) not located in conjunction with this
Elev's, based on NGVD 1929 Adj. oaturt, survey, unless shown otherwise.
Survey lade vors Dr. Dan Hall Survey ?fade By; Stack Land Surveying
13999 No. 60th Street ^790 No. Fairy Falls Ali,
Stillwater, MN 55082 Stillwater, MN 55082
Existing Parcel Description: Per Cert. ulf Title Nw. 45fin5 f651) 439-•5630
(see copy in(Jude.1 with this neap)
NOTES-
"BT" Ind. Prop, Bit. Elev.
HB'1¢3A0 Al Zd57.9Z _ 9 s "TC" Ind. Prop, Top Curb El.
"EG"' Ind. Exist. Gravel lot.
2 c''z� a N.[ave A' /57.oD C, r "HYC' Ind, Prop, Handicap
6o rAr C pi�� Parking spots and ramp.
T
�w''kGx. ! tl• ✓ A/Q sAV.0 I "W" Ind. Prop, Ret. Wall.
=•' S I V I%v, 7. Mw, Ind. Exist util, pole.
r �_ Pestcei�r "LS" Ind. Exist. Landscape
f
4s6';rC*'5. areas from adj. s'ly.
Proposed parking spaces:
�{. 2 Handicap spaces. (1 van
*:p :4r '%`i'•f E+l'C, �; accessahle)
29 regular spaces, (94X20'
7`�A,PC�L 33d0 " typical size)
r Ind. exist. outside
building wall line. (tyg;)
�., y � _ Contact Gopher state 1 Call
NSA prior to any const. for loc.
of all utilities on or near
thr project area.
See specific addition bldg.
Nrr Aezp �r�d. W -�� Plans prepared by others for
hQ new add'n. details,
` aep.�y3�•1 r,F /9 4
N
1460 \ a
it N, _ CRY. Bpi fr. °' ' 1� +� "� 1 .0 1.
- � I � Ew
If X�ff•C' i•�!6 s« • M1O.
i`I ie 1ti �n.sr• ,Y�ic:6� ., rr; l ._
s_r,
A
wee I h Q Sy 8 1 i 44� Vk l
a a Pto,91a1� a If`���° , file H►. (f all
y `I
so ,r ,
gill l l,f y �p�s� �1: � 14�•t�'.s
v
a �g b
4: 5 1! l� If -E,-y�.� --" '� ,.yf!• r S `
Zrry
11�,gJ r
I✓I(ITIV`�,! � V - Z. _ �Z i
• ��e J
/'as3D• L `°� ,, /35.96 ) )
A_
a'
�r•� T ± 1
rst i .r. t+ ss N
"Al rte' ! 1 heeby certify that this surny, pWn,or report was
axe rcd my di
tam a duly�Reprtered Isnd S WM'e�nder the Lw0Wf
the late o Miareseta.
-
�G Pie I;ace..Jan l901.42d .1377q'............
RECEWED FEB 2 Mae 92 of 194
A
�r.
C
�6
j .
u
CD
'•1� If •
1
1
i
h i
I
m ,
n
rr7 "
m
a 4
a P
ov
Page 93 of 94
4 114,
op
S
LJ
if lia
i
I i
-I
r
I I I LLIE1 IP i
still
Mjb
O
o iii RRR �
3 a a 0 �� 11� Ii
m�r' 6 H�ry
3 Fs$ I
y�
ET
LAI -
Hu[
JI
1
111-D
ji
L
CA
Is
Page 95 of 194
Y
3 g 1A ; b
Ana" r.
Rt
m e
ro �- it
90
C �
0-
Page 96 of 194
0O
I4 Ikod
14
z9 ,r9.4
age 9900
I
lip 1 19
Fr+
kit: I
sit
0
Page 97 of 194
i
DD
x
Oil
11 7 i 9 1 3 3 8 B
Q
IN
C� AIII-
log v x
Page 98 of 194
w
i
v
y � , p1 D D Dg C�
€ x s
15
lip
s a 1 1*
Jill
a g1 �
IV
3 ■
f
Ellx
x
Page 99 of 194
o
{ € x b
v s
ag EN `S'`
m a
�' I ®
C � � SD Fr•
114.1 i,Y NM[aF11 •-7
e.• Iii1l
R %n
a
W s j" ' _? '} 1
lilt �$Ili
£ 9 �
4 q n��
IF
� HH
fill
IFO>e
C4
0
Page 100 of 194
-----------------
lip
Oil
ro
J a 3
�xc 3
w7777
Isla
KP
194
RM Offl GATEMY BLUMM
==P",I=M$uUTLHLC
r
b
x � -
. t
a-Y
I F-4
og
loll £
S S A
Jill
gCC b I rl
se
J i l l ie t
m ■ '�°�' '
I
g0
z
I 01
N Page 102 of 194
Er iV
gyp+! .i�u ;W rain W
RL
CA
lilt
m
_ 5
f, I
ya r� ili'?I
4�3.r
[f i l l g
' �� !�� r� 5� �� �� �'' :� .,_�,— _ 'd�•-.s1 i.kda� 6 l�; Qtr�.i�
'•� _ � t �� _:{�I.i�rrlr,�+1`I �� r114r 7-• rq f�� �&�
Ifr t•� I k u�i��l�`I•�f'''! iEa:";�Fi � �TT�# t 4
��'' I,. � "''_ set➢fei � 't r�i�� a°�tsl
� i l b k � o � ,F 13 j:9� � i'i�ir=a'• F�r i
H
P
N �
W Page 103 of 194
.. _°
Page 1044194
a
3
Jig
3T
Eillc p--1 p iu
age 194
3601 Thurston Avenue N, Suite 100
Anoka. MN 55303
Phone: 763.231.5840
Facsimile: 763.427.0520
TPCTPCOPlanningCo.corn
PLANNING REPORT
TO: Eric Johnson
FROM: Scott Richards
DATE: March 20, 2014
RE: Oak Park Heights Gateway Building - Design Guidelines/Site
Plan Review and Conditional Use Permit for Number of Parking
Spaces - 13999 60th Street North
TPC FILE: 236.02 14.01
BACKGROUND
Roger Tomten of ARCHNET on behalf of Half and Hall Properties has made
applications for Design Guidelines/Site Plan Review and a Conditional Use Permit
(CUP) for number of parking spaces at 13999 60th Street North to demolish the existing
building and construct a new multi-tenant building at the corner of 60th Street and
Oakgreen Avenue North.
The Planning Commission, at their March 13, 2014 meeting, held the public hearing and
discussed the site layout and the proposed building. One of the Planning Commission
members asked where the right of way easement line was on the east side of the
property. The actual property line is approximately 32 feet from the east edge of the
proposed parking lot, but the survey and the layout plans do not identify the right of way
line. The Planning Commission discussed whether the 10 foot setback for the parking
lot was addressed in the proposed plan. In that the location of the right of way line was
not identified on the survey or plans, the Planning Commission added a condition that
the Applicant provide a plan showing that information and for City Staff to determine if a
variance is required.
Please find attached a revised layout plan indicating the Minnesota Department of
Transportation easement. It is directly adjacent to the east line of the proposed parking
lot. City Staff has reviewed the Zoning Ordinance and determined that a variance is not
required. The Zoning Ordinance states in Section 401.15.E the following:
Page 106 of 194
97) Curbing and Landscaping. Except for single and two family dwellings, all open, off
street parking shall have a continuous concrete perimeter curb barrier around the entire
parking lot, said curb barrier shall not be closer than 90 (ten) feet to any lot line. Grass
plantings and landscaping shall be provided in all areas bordering the parking area.
The language indicates that the setback for the parking area is 10 feet from a lot line. In
this case the parking lot is set back 32 feet from the lot line. The new frontage road and
trail in this area will be more than 25 feet from the proposed parking lot curb. The
setback is satisfied in terms of the Zoning Ordinance language.
City Staff has considered whether the language may need to be changed so that it not
only addresses property lines but also right of way easement lines. The Planning
Commission could address this as part of a routine clean-up of outdated language or
necessary updates to the Zoning Ordinance.
pc: Julie Hultman
2
Page 107 of 194
a ZZi4 Z p
0
D e CZ, C3 0 �d
7 �LL L7 ZyZLL �cr to
L ILLnm �ryr p4y Q
W~ °Wa O OW IV\ cs n
U K W
W "I U, Q i T
°�
N Q N O df7m
�N " X mw Z 0
a
o o o� a�rOw m
C�0 rc ' in �i x�
IL
w mWo o Fa�z
U �Q� Y GI 200 3N , mN � '0 j o
O �U o] UC3 � � H m
g W w'wp° °`w � a Z� q BN Waow o
6)K Z
z¢5 Y d 75ga �o o �o
5 W a =gym v ZQO mo o mo ¢ t�xwo w
io ~J mw Un D
W m a lam n i.i m ��p4
�W ^^ 2 Z Z aF6 ? 'mss 3 O N 2
4 F4
re
Q Q Q Q Q Q
h,» a
0.�.
/ IVtj)1}�111y � 11rirn 4�� I\YV � 'i
aI I. p Y co
�4t�
a
n
b b
Page 108 of 194
y H
a H
W
x S
I�
Wt
p
01 X51 mW���
tE
HI
Jill
HIM 111 1 a Nil g
lz a� �
51 1111 g 1
WIAGk�
d�
wx
3 �
a Page 109 of 194
A RECON[NIENDING 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 HALL AND HALL PROPERTIES LLC FOR A
CONDITIONAL USE PERMIT FOR NUMBER OF PARKING SPACES
AND DESIGN GUIDELINE/SITE PLAN REVIEW TO CONSTRUCT A
NEW BUILDING AT 13999 60TH STREET NORTH
SHOULD BE APPROVED WITH CONDITIONS
WHEREAS,the City of Oak Park Heights has received a request from Hall and
Hall Properties LLC for a Conditional Use Permit for number of parking spaces and Design
Guidelines/Site Plan review to construct a new building at 13999 60'h Street North, and after
having conducted a public hearing relative thereto,the Planning Commission of Oak Park
Heights makes the following findings of fact:
1. The real property affected by said application is legally described as
follows,to wit:
SEE ATTACHMENT A
and
2. The applicant has submitted an application and supporting documentation to the
Community Development Department consisting of the following items:
SEE ATTACHMENT B
and
3. The Applicant proposes to demolish the existing building and replace it with a
7,500 square foot Class A multi-tenant retail and professional office center; and
4. The property is zoned B-4 Limited Business District in which retail and
professional offices are a permitted use; and
5. A Conditional Use Permit is required to allow the parking lot to be constructed
with three less parking spaces than required for office use. If the building is to be used totally for
retail use,the parking requirement would be met; and
6. Design Guideline/Site Plan approval is required for a new building and site
improvements; and
Page 110 of 194
7. City staff prepared a planning report dated March 5, 2014 reviewing the request;
and
8. Said report recommended approval of the conditional use permit and Design
Guideline/Site Plan review subject to the fulfillment of conditions; and
8. The Planning Commission held a public hearing at their March 13, 2014 meeting,
took comments from the applicants and public,closed the public hearing, and made the
following recommendation:
NOW,THEREFORE,BE IT RESOLVED BY THE PLANNING
COMMISSION FOR THE CITY OF OAK PARK HEIGHTS THAT THE PLANNING
COMMISSION RECOMMENDS THE FOLLOWING:
A. The application submitted from Hall and Hall Properties LLC for a Conditional Use
Permit for number of parking spaces and Design Guidelines/Site Plan review to construct a new
building at 13999 60t' Street North affecting the real property as follows:
SEE ATTACHMENT A
Be and the same as hereby recommended to the City Council of the City of Oak Park Heights for
approval with the following conditions:
1. All grading, drainage, erosion control, and utility plans are subject to review and
approval of the City Engineer. Storm water plans are also subject to review and
approval of the Middle St Croix Watershed District.
2. The Applicant shall obtain a driveway access permit from the Minnesota Department of
Transportation.
3. All light fixtures shall be full cut off, compliant with the height requirements, and be
consistent with Section 401.15.B.7 of the Zoning Ordinance as it relates to lighting
requirements.
4. The Planning Commission was favorable to the building design and building
materials. The applicant provided building material samples for Planning Commission
review.
5. All mechanical equipment on the roof or on the site shall be fully screened in
accordance with the provisions of the Zoning Ordinance.
6. The Applicant shall replace the existing pylon sign with a monument sign compliant
with the signage requirements of the Design Guidelines.
7. The Applicant shall work with the Minnesota Department of Transportation to provide
pedestrian access through the site from 6e Street to the building sidewalk. The
pedestrian access shall be subject to approval of the City Engineer.
2
Page 111 of 194
8. Outdoor lighting for the parking areas shall be turned off one hour after closing, except
for approved security lighting.
9. All signs shall be designed to comply with the Zoning Ordinance requirements for
internal illumination.
10. The landscape plan shall be subject to the review and approval of the City Arborist.
11. The Applicant shall provide additional information and update the layout plan as to the
location of the Minnesota Department of Transportation right of way easements. City
Staff shall determine if a variance is required for a parking setback based upon the
Zoning Ordinance requirements.
12. A bike rack should be identified on the site plan and placed on site.
13. The Planning Commission was favorable with the methods of construction and site
design as it relates Design Guidelines and sustainability.
Recommended by the Planning Commission of the City of Oak Park Heights this 13`h day
of March,2014.
Jennifer Bye,Chair
ATTEST:
Eric A. Johnson, City Administrator
3
Page 112 of 194
ATTACHMENT A
r
Conditional Use Permit
For Number of Parking Spaces
And
Design Guideline I Site Plan Review
To Construct A New Building At 13999 60 St.N.
Hall Gateway Building
Physical Address: 13999 60th St. N.
Washington County Parcel Identification Number: 05-029-20-11-0137
Legal Description:
THAT PART OF THE NORTH HALF OF THE NORTHEAST QUARTER OF SECTION 5,
TOWNSHIP 29 NORTH,RANGE 20, WEST, DESCRIBED AS FOLLOWS: BEGINNING AT
THE NORTHEAST CORNER OF SECTION 5, TOWNSHIP 29 NORTH, RANGE 20 WEST,
AND RUNNING THENCE WESTERLY ALONG THE NORTH LINE OF SAID SECTION 5,
A DISTANCE OF 157.00 FEET TO A POINT; THENCE SOUTH AND PERPENDICULAR
TO SAID NORTH LINE OF SECTION 5,A DISTANCE OF 318.50 FEET; THENCE EAST
AND PERPENDICULAR TO THE LAST DESCRIBED LINE, TO THE EAST LINE OF SAID
SECTION 5, THE SAME BEING THE CENTERLINE OF THE SO-CALLED SPEED BOWL
ROAD; THENCE NORTHERLY ALONG SAID EAST LINE OF SECTION 5 TO THE POINT
OF BEGINNING. EXCEPTING THEREFROM PARCEL 330D AS SHOWN ON
MINNESOTA DEPARTMENT OF TRANSPORTATION RIGHT OF WAY PLAT NO. 82-18
SUBJECT TO THE RIGHT OF WAY OF 60TH STREET NORTH AND SUBJECT ALSO TO
THE RIGHT-OF-WAY OF OAKGREEN AVENUE NORTH. ALSO EXCEPTING THAT
PART OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION
5, TOWNSHIP 29 NORTH, RANGE 20 WEST, SHOWN AS PARCEL 218A ON
MINNESOTA DEPARTMENT OF TRANSPORTATION RIGHT OF WAY PLAT 82-117.
SUBJECT TO AND TOGETHER WITH ANY OTHER VALID EASEMENTS,
RESERVATIONS OR RESTRICTIONS.
Page 113 of 194
ATTACHMENT B
Conditional Use Permit
For Number of Parking Spaces
And
Design Guideline 1 Site Plan Review
To Construct A New Building At 13999 60t' St.N.
Hall Gateway Building
Application Materials
• Application Form
• Fees
• Plan Sets
• Written Narrative and Graphic Materials Explaining Proposal
• Proof of Ownership or Authorization to Proceed
Conference With City Staff Upon Application Submittal: February 26, 2014
Planning Commission Review&Recommendation: March 13, 2014
Page 114 of 194
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 HALL AND HALL PROPERTIES LLC FOR A
CONDITIONAL USE PERMIT FOR NUMBER OF PARKING SPACES
AND DESIGN GUIDELINE/SITE PLAN REVIEW TO CONSTRUCT A
NEW BUILDING AT 13999 60m STREET NORTH
BE APPROVED WITH CONDITIONS
WHEREAS,the City of Oak Park Heights has received a request from Hall and
Hall Properties LLC for a Conditional Use Permit for number of parking spaces and Design
Guidelines/Site Plan review to construct a new building at 13999 6e Street North,and after
having conducted a public hearing relative thereto,the Planning Commission of Oak Park
Heights recommended that the request be approved with conditions. The City Council of the
City 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:
SF,E ATTACHMENT A
and
2. The applicant has submitted an application and supporting documentation to the
Community Development Department consisting of the following items:
SEE ATTACHMENT B
and
3. The Applicant proposes to demolish the existing building and replace it with a
7,500 square foot Class A multi-tenant retail and professional office center; and
4. The property is zoned B4 Limited Business District in which retail and
professional offices are a permitted use; and
5. A Conditional Use Permit is required to allow the parking lot to be constructed
with three less parking spaces than required for office use. If the building is to be used totally for
retail use,the parking requirement would be met; and
6, Design Guideline/Site Plan approval is required for a new building and site
improvements; and
Page 115 of 194
7. City staff prepared a planning report dated March 5, 2014 reviewing the request;
and
8. Said report recommended approval of the conditional use permit and Design
Guideline/Site Plan review subject to the fulfillment of conditions; and
8. The Planning Commission held a public hearing at their March 13, 2014 meeting,
took comments from the applicants and public,closed the public hearing, and recommended that
the request 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 from Hall and Hall Properties LLC for a Conditional Use
Permit for number of parking spaces and Design Guidelines/Site Plan review to construct a new
building at 13999 6CP Street North 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:
1. All grading, drainage, erosion control, and utility plans are subject to review and
approval of the City Engineer. Storm water plans are also subject to review and
approval of the Middle St Croix Watershed District.
2. The Applicant shall obtain a driveway access permit from the Minnesota Department of
Transportation.
3. All light fixtures shall be full cut off, compliant with the height requirements, and be
consistent with Section 401.15.13.7 of the Zoning Ordinance as it relates to lighting
requirements.
4. The City Council approves the building design and building materials.
5. All mechanical equipment on the roof or on the site shall be fully screened in
accordance with the provisions of the Zoning Ordinance.
6. The Applicant shall replace the existing pylon sign with a monument sign compliant
with the signage requirements of the Design Guidelines.
7. The Applicant shall work with the Minnesota Department of Transportation to provide
pedestrian access through the site from 60`h Street to the building sidewalk. The
pedestrian access shall be subject to approval of the City Engineer.
8. Outdoor lighting for the parking areas shall be turned off one hour after closing, except
for approved security lighting.
2
Page 116 of 194
9. All signs shall be designed to comply with the Zoning Ordinance requirements for
internal illumination.
10. The landscape plan shall be subject to the review and approval of the City Arborist.
11_ A bike rack should be identified on the site plan and placed on site.
12. The City Council approves the methods of construction and site design as it relates
Design Guidelines and sustainability.
Approved by the City Council of the City of Oak Park Heights this 25& day of March,
2014.
Mary McComber, Mayor
ATTEST:
Eric A. Johnson, City Administrator
3
Page 117 of 194
ATTACHMENT A
Conditional Use Permit
For Number of Parking Spaces
And
Design Guideline/Site Plan Review
To Construct A New Building At 13999 601h St. N.
Hall Gateway Building
Physical Address: 13999 60th St.N.
Washington County Parcel Identification Number: 05-029-20-11-0137
Legal Description:
THAT PART OF THE NORTH HALF OF THE NORTHEAST QUARTER OF SECTION 5,
TOWNSHIP 29 NORTH, RANGE 20,WEST, DESCRIBED AS FOLLOWS: BEGINNING AT
THE NORTHEAST CORNER OF SECTION 5,TOWNSHIP 29 NORTH,RANGE 20 WEST,
AND RUNNING THENCE WESTERLY ALONG THE NORTH LINE OF SAID SECTION 5,
A DISTANCE OF 157.00 FEET TO A POINT; THENCE SOUTH AND PERPENDICULAR
TO SAID NORTH LINE OF SECTION 5, A DISTANCE OF 318.50 FEET; THENCE EAST
AND PERPENDICULAR TO THE LAST DESCRIBED LINE, TO THE EAST LINE OF SAID
SECTION 5,THE SAME BEING THE CENTERLINE OF THE SO-CALLED SPEED BOWL
ROAD; THENCE NORTHERLY ALONG SAID EAST LINE OF SECTION 5 TO THE POINT
OF BEGINNING. EXCEPTING THEREFROM PARCEL 330D AS SHOWN ON
MINNESOTA DEPARTMENT OF TRANSPORTATION RIGHT OF WAY PLAT NO. 82-18
SUBJECT TO THE RIGHT OF WAY OF 60TH STREET NORTH AND SUBJECT ALSO TO
THE RIGHT-OF-WAY OF OAKGREEN AVENUE NORTH. ALSO EXCEPTING THAT
PART OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION
5, TOWNSHIP 29 NORTH, RANGE 20 WEST, SHOWN AS PARCEL 218A ON
MINNESOTA DEPARTMENT OF TRANSPORTATION RIGHT OF WAY PLAT 82-117.
SUBJECT TO AND TOGETHER WITH ANY OTHER VALID EASEMENTS,
RESERVATIONS OR RESTRICTIONS.
Page 118 of 194
ATTACHMENT B
s
-w
Conditional Use Permit
For Number of Parking Spaces
And
Design Guideline 1 Site Plan Review
To Construct A New Building At 13999 60a'St.N.
Hall Gateway Building
Application Materials
• Application Form
• Fees
• Plan Sets
• Written Narrative and Graphic Materials Explaining Proposal
• Proof of Ownership or Authorization to Proceed
Conference With City Staff Upon Application Submittal: February 26, 2014
Planning Commission Review& Recommendation: March 13,2014
Page 119 of 194
THIS PAGE IS INTENTIONALLY LEFT BLANK
Page 120 of 194
ik 8
Oak Park Heights
Request for Council Action
Meeting Date March 25th.2014
Time Required: 5 Minutes
Agenda Item Title: Avvrove Awaent Autho ' ' Ironman Bicycle Ride-2014
Agenda Placement New ine
Originating Departmen eque to �&Johnson, C i "strator
Requester's Signa
Action Requested Discus Possible Action
Background/Justification ease indicate if any previous action has been taken or if other public
bodies have advised):
The City has received a request from the Hostelling International USA group that operates the
Iron Man Bicycle Ride. This year,this event is hoped to take place in the St. Croix Valley,
moving through Oak Park heights and the surrounding areas on Sunday April 27th, 2014. It is
estimated that 4,000 riders would take part in the various loops. This event is not a race,but
rather a participatory ride.
Hostelling International USA has provided a detailed letter explaining their proposal.
Staff has met with them and will craft an Agreement that should satisfy City concerns,including
garbage clean-up,emergency planning,rest-stops and rider safety.All request funds of the
standard$1,000 escrow and$500 impact fee has been paid.
I would anticipate someone from the Hostelling International USA group to be present at the
meeting
Requested Action: Authorize event to be held within the City and authorize staff to work
with the applicant to finalize the Agreement subject to the final terms and conditions as
may be required by the Chief of Police and City Administrator
Page 121 of 194
AUNG. MEMORANDUM
INTERNKnOWAL
Date:March 14,2014
Subject: Request Permission for Public Use of Roads for Minnesota Ironman Bicycle Ride
To: Eric Johnson
Oak Park Heights City Administrator
M�rMasora 14168 Oak Park Blvd.N.
Oak Park Heights,MN 55082
From: ]on Ridge, VP Central Region,Hostelling international USA,
Co-Director,Minnesota Ironman Bicycle Ride
f
Dear Mr Johnson,
PCLE E 1DE I am writing to ask your permission to allow us to spend a day in Oak Park Heights to host the Minnesota
Ironman Bicycle Ride. Sunday,April 27th,2014 is the 48th annual bicycle tour known as the Minnesota
Ironman. Our organization,Hostelling International-USA,has hosted this event since 1967 here in Minnesota.
We are a 75 year old 501(c)3 nonprofit corporation.
The Minnesota Ironman is a fundraising event for our organization. We operate a youth hostel in Itasca State
Park and work to promote cultural understanding through travel with our global network of hostels. I serve as
the Regional Director and office here in St Paul.
This event has a rich history. We attract on average 4000 riders annually and recruit over 200 volunteers. We
11, i--ippl llmdwatenF offer bike routes that are well suited for experienced as well as beginner cyclists. We take safety very
o A S T IE Lo seriously. We work with every local community along our route to ensure we meet their needs with Police
! L V monitoring signage and route safety.
Ilucastu�e dark,Mi4
We will complete your permitting application as required and do everything in our power to comply with your
requests. I have made a check request of$1,500 to send to Oak Park Heights as we proceed with permitting.
Since February 1st we have registered 2,000 riders. Our cyclists come from all over Minnesota and Wisconsin
plus 11 additional states have particpants joining us thus far. We are using the Washington County
Fairgrounds for our ride headquarters and know that our riders will truly appreciate the cycling experience
you have to offer.
Attached you will find a draft of our bike routes. We have been meeting with Washington County officials and
local police departments to ensure these routes meet their approval. We plan to come to a similar agreement
with Oak Park Heights.
lostelling international Finally,reputation. We host a great bike ride. Last year's experience in Washington County,our first,was very
2500 University Ave West successful. We work very hard to provide a terrific bicycling exerience for our riders. In addtion,we work to
Suite C8 Mail Box: 16 ensure that we will be welcome guests in the future with all the communities we touch during this bike ride.
St Paul, MN 55114
T:(65 1)789-6688 Thank you for your consideration and your support. Please contact me with any questions.
W. hiusa.org
E'omrid a usaorg incerely,
MN Ironman Bike Ride
ironmanbikeride.org Jo idge
Ride @ironmanbikeride.org V Central Region,HI-LISA
25 University Ave West
Mississippi Headwaters Paul,MN 55114
Hostel on.rid a hiusa.o
Rasta State Park 612-961-3500 Cell
27910 Forest Lane
Park Rapids,MN 56470 Cc:Tom Sullivan,Route and Safety Lead,Minneesota IronnmanBic Bicycle Ride
T:(218)266-3415 RJ Watson,Route and Safety ad,
E mississippiheadwaters
@hiusa.org Attachments:
Media Release;2014 Minnesota Ironman Bicycle Ride
IRS Non-Profit Status Verification
Draft Route Map
Page 122 of 194
** MEDIA ALERT**
Minnesota Ironman® Bicycle Ride Registration Now Open
Early Bird Registration gives riders discounted rates for the spring cycling season opener
St.Paul,MN (February 5, 2014) —The Minnesota IronmanO Bicycle Ride will be returning to Washington County
after a record-breaking year on Sunday,April 27h,2014. They have announced that rider registration opened on
Saturday, February 15t at www.IronmanBlkeRide.org. Early bird registration will be available February 1st through
February 2e and offers a$10 discount on registration fees. The Minnesota Ironman® Bicycle Ride is open to
riders of all ages and abilities. Routes have been designed in approximately 15, 30,60 and 100-mile increments to
provide options for everyone from casual riders to experienced cyclists looking for a challenge to begin their 2014
outdoor cycling season.
What: The Minnesota Ironmang Bicycle Ride is the longest running organized bicycle ride in the state of
Minnesota. It is the kickoff to the spring cycling season for the entire Midwest region,and provides an
opportunity for families,cyclists, athletes and outdoor enthusiasts to start the spring with a healthy challenge.
The ride attracts between 4,000-5,000 cyclists each year.
When: Sunday,April 27th
Where: Scenic St. Croix River Valley of Washington County-the ride begins and ends at the Washington County
Fairgrounds,with routes traveling through the communities of Stillwater,Afton, Lake Elmo, Scandia, Marine on
the St. Croix and Oak Park Heights.
Cost: Early Bird Registration (February ft- February 2gth) -$30
Regular Registration (March 1st-April 14th)-$40
Team Registration (March 1st-April 14th/Teams of 8 or more)-$5 discount per rider
Youth Registration (Under 18 years old,entire registration period)-$15
About the Minnesota Ironman® Bicycle Ride
As the original Ironman®,this Minnesota bike ride has hosted over 100,000 cyclists in their 47 year history for an
exhilarating start to their Spring cycling season. The Minnesota Ironman® Bicycle Ride is a ride for all cyclists and
outdoor enthusiasts. They offer short routes for new riders and families,as well as the traditional and more
challenging 100-mile option for true Minnesota Ironmen and Ironwomen. The Minnesota Ironman® Bicycle Ride is
hosted by Hostelling International-USA and supports their non-profit mission and work here in Minnesota.They
operate the Mississippi Headwaters Hostel in Itasca State Park.
For More Information:
Ryan McEnaney
ryanmcenanev @yahoo.com
651-434-9626
Page 123 of 194
Internal Revenue Service
Department of the Treasury
P. O. Box 2508
Date: November 3, 2004 Cincinnati, OH 45201
American Youth Hostels, Inc. Person to Contact:
Hostelling International -USA Cassandra Jackson 31-07417
6401 Colesville Rd. #600 Customer Service Representative
Silver Spring, MD 20910-3312 Toll Free Telephone Number:
B:oo a.m.to 6:30 pxL EST
877-829-5500
Fax Number:
513-283-3756
Federal Identification Number:
13-5639689
Group Exemption Number:
3153
Dear Sir or Madam:
This is in response to the Certificate of Trade Name filed with the state on February 6, 2003. We have updated
our records to reflect the name change as indicated above.
In December 1979 we issued a determination letter that recognized your organization as exempt from federal
income tax. Our records indicate that your organization is currently exempt under section 501(c)(3) of the
Internal Revenue Code.
Our records indicate that your organization is also classified as a public charity under
section 509(a)(2) of the Internal Revenue Code.
Based on the information supplied, we recognized the subordinates named on the list your organization
submitted as exempt from federal income tax under section 501(c)(3)of the Code.
Our records indicate that contributions to your organization are deductible under section 170 of the Code, and
that you are qualified to receive tax deductible bequests, devises, transfers or gifts under section 2055, 2106 or
2522 of the Internal Revenue Code.
If you have any questions, please call us at the telephone number shown in the heading of this letter.
Sincerely,
Janna K. Skufca, Director,TEIGE
Customer Account Services
Page 124 of 194
NIMElee7A SCAAIDIA Scandia Tr
■RON�+ Scandia Tr
97 <1 Scandia
g- 97 �
0 community
Center Pa
7:3oam- 209th St
3 1�Oenaan
19,9 St
3
e'u 95
r m
BICYCLE atlfoE f 05vum tc
0
Sunday, April 27, 2014 fly
r 170th St Maple St
s src�c4 `'
581I11Ne$Caedla kApp
We mart rldirll;by 9:30 afn
� R Wa
M113C
z
m
AL Official Rest Staps 7 a 95
55 91 Pine Poi
14 Mile Afton(lit Off Loop 122nd St 120th St Tmill Heed
$
7:30
27 We Afton LOOP ' 47 0
61
29 Mile Gateway Loop
z /
M 58 Mile Scandla Lry s
must start ndlln�by 930®m
.Joint Route u MGK od Rd s� 95 /z
i7 t z g MclCsick Rd
R-
15 m
75h St 12 tte St Q �$ u wal ER
"MAN IDELINE i 1
[612-41'2-9020 k� Paris
DAY OF RIDE e� � � L-Beach
M�fSll 91� 0 36 o LR 59th St each Tr
36 R.Gatew Tr
0
R-Trail 3 °a o
R Heath Ave
50th St neSY R-47th St
R ` C ,
L.09 od Ave
R 40th St eta 'I ft St n m
OBEY TRAFFIC LAWS m 34th St
SHARE THE ROAD 30th St m
VICAR YOUR HELNO EI.IMO yy
17
SttnW ater I l �
9y m
Mb PAb"
p t/II
4 m 9�31gea.3ataonRd- i `Q 3 loth St Y
a Laurel n 3 0 10th St - - ;�
Linden st PA g,� W
94� Ra
5o,,
Myrtle St — SR !
Hudson Rd I w
w
rn i t
olive St � 16 1 ix l
�2at
Plne St
95 ?.
a �o
Churchill St Tr
+'c v Valley Creek ui Afton
g City Park
5 Burlington St \ 30th St 7::5em—
89hjb Gft i o�81vd 4:Sd
smonetam 5t t RL a ;,f)N,
t m 40th St `}
3 t `0
�y
�dW®�R rd 5t y r 50th St °' 0th St
Page 125 of 194
THIS PAGE IS INTENTIONALLY LEFT BLANK
Page 126 of 194
9
Oak Park Heights
Request for Council Action
Meeting Date March 251, 2414
Time Required: 5 Minutes
Agenda Item Title: Interim Use Permits—Clakification of Xcel Energy Permit Extension for
SCRCP
Agenda Placement New Bus' ess
Originating Departmen ues 92�9.son. atv Administrator
Requester's Signature 0
Action Requested Pleases elow
Background/Justification(Pl ase indicate if any previous action has been taken or if other public
bodies have advised):
The City has received a request from Xcel Energy to allow the use of their river access property by the State of
Minnesota's contractor,(Lunda-Ames,for a continued staging and river access site necessary for access to the St.
Croix River to continue construction of the St.Croix River Crossing.The City in 2013 did previously issue an
Interim Use Permit to Xcel Energy and ED Kremer Construction for a similar purpose related to the construction
staging and river access for the piers.
Lunda-Ames is the primary contractor who will be constructing the bridge super-structure thm 2016.As such,
Lunda-Ames has approached Xcel Energy and the City to seek permission to utilize the same site and have the City
extend the Interim Use Permit through December 2016.
Staff would view this use of the property as a continuation for Xwl Energy;would rat materially alter the use as
permitted under the now issued IUP and would not appear to create any collateral burdens for others,neighbors or
property owners.
Recommendation: City Council should take an action that clarifies that the proposed use of the Xcel
Energy sitg is not a material change from the now issued YUP and has no objections to such use by Lunde-
Ames subject to similar terms and conditions as issued in the HT or as may be deemed necessary by the City
Planner and City Attorney.
Enclosures:
2013 UP as issued to Xccl Energy
+ Submission from Lunda Ames
Letter from Xcel Energy dated 3110114
Page 127 of 194
Lunda/Ames Joint Venture
St. Croix River Crossing Superstructure Project
Oak Park Heights Conditional Use Permit
Lunda/Ames N plans to utilize the Xcel Energy lay-down area currently occupied by Edward Kraemer&
Sons, Inc.for the St. Croix River Crossing Foundations. Lunda/Ames N has been in contact with Kraemer
and Xcel working on an agreement to mobilize into the area once it is vacated by Kraemer. The area will
I be occupied for the duration of the Superstructure project, beginning in 2014 and continuing
through December 2016. Similar to Kraemer's use,the fenced in area will be for two field offices
(approximately 12'x 80'), employee parking, material storage and equipment storage. Conex boxes(8'x
20')will be used to store small tools, materials,and safety supplies. Portable toilets will be positioned
near the field office trailer and staked down. Roll off dumpsters will also be staged in this area to collect
and dispose of any waste. Fuel tanks for equipment will be placed on poly with perimeter control to
prevent/contain any spill if one should occur. There will be a designated wash out pit with perimeter
control for the concrete pump,which will be cleaned out as needed. Access roads will remain clear at all
times for Xcel and/or Emergency Services. The site lay out illustrated on the following pages is our
tentative plan and locations of particular items may change as the superintendent deems necessary.
Page 128 of 194
-
e r
a II aM
s
« . P
a
a y
n..
^�yiry
R3 fir,
U,
i
a
Ih w
IN MI
ACCESS ROADS
WILL REMMN CLEAR -w EMPLOYEE PARKING
A
a
" V
ST RAE
FIELD OFFICES
XCEL.
MAkTERIA :QUIPMENT
S70RAGE
v
9F1
Page 130 of 194
XcelEnergy- Xcel Energy Company
A S King Plant
1103 King Plant Road
Bayport, Minnesota 55003
Telephone: (651)731-5703
March 10, 2014
Mr. Eric Johnson, City Administrator
City of Oak Park Heights MAR 11 2014
14168 Oak Park Boulevard
P.O. Box 2007
Stillwater, MN 55082
Re: Conditional Use Permit/interim Use Permit -- River Crossing Project
Dear Mr. Johnson:
Please be advised that Northern States Power Company, dba Xcel Energy, as the
owner of certain real property described in the 2013 Interim Use Permit granted to
Edward Kraemer & Sons as to the Saint Croix River Crossing Project consents to
extending the Interim Use Permit to allow LUNDAIAmes Joint Venture Company to
also work in the same area on the river crossing project.
Very truly yours,
J i Zyd u
Plant Director, A.S. King Plant
45820229_1.DOC
Page 131 of 194
a
A ReO 02245W 3974119
PER $46 00
RnWrnm: IIII
ERS
N11
RG iJV II ICI I
�� I<III�I
II11N
I III i
BRIGGS WOLFF&VERL
1808 NORTHWESTERN AVE Crrtifled Fuld aridlor recorded on: i
#110 12l10,W3 8:40 AM
STILLWATER MN 55082
3974119
office of the County Recorder
Washington County,Minnesota
JemhrWepenm countyRe=der
s
CITY OF OAK PARK HEIGHTS
WASHINGTON COUNTY, MINNESOTA
XCEL ENERGY—KRAEMER& SONS
INTERIM USE PERMIT
w
Return To:
Mark J.Vierling,Esq.
Eckberg,Lammers,Briggs,Wolff&Vierling,P.L.L.P
1809 Northwestern Avenue
Stillwater,MN 55082
i
Page 132 of 194
NOTICE OF CERTIFICATION 3
STATE OF NIINNESOTA }
COUNTY OF WASHINGTON
CITY OF OAK PARK HEIGHTS )
I,the undersigned being duly qualified and acting as City Administrator for the City of
Oak Park Heights,Minnesota DO HEREBY CERTIFY that I have compared the attached
document:
Amended Conditional Use and Interim Permit
Xcel Energy
1103 King Plant Rd.N.
with the original thereof on file at the offices of the City of Oak Park Heights, and that the same
is a full,true and complete copy of said document within the files of the City of Oak Park
Heights.
WITNESS my hand and the seal of the City of Oak P He' ,this 27th day of
November,2013.
y `r
V
ric hnson titw
Ci
Page 133 of 194
• y ! e � .n
CrrV OF OAK PARK HEIGHTS
AMENDED CONDMONAL USE AND WERU M USE PERMIT
FOR
XCEL ENERGY
NWAC File No.235.02-13.03 Amended Permit hued:May 28,2013
Legal Deserwk n:
See"Exhibit A"Legal demon attached hereto
Owner: Xcel Energy
Address: 414 Nicollet Mall
Minneapolis,Minnesata
AppHant:Edward Kramer and sons, Inc.
Site Address: 1103 King Plant Road
Oak Park Heights,MN 55082
Preset Zoning District: I-hdustrial
Permitted saes set forth In Ordinance 401 Section 401.05 C-inftim Use and CUP requirements:Code Section
308.01 et seq;Sec 401.03 A.7 River Impact District
1. AMENDED CONDITIONAL USE PERMIT FOR:
To allow for staging operations related to consftWon of the St Croix River Crossing on Xcel Energy
property at 1103 King Plant.The following conditions are imposed:
I. The interim Use of the site by Edward Kraemer shall not extend beyond November 30, 2014. The
applicant may request an eactension of the b terim Use Permit by the City Council prior to its expiration.
2. The City Engineer shall review the access plan and make any recommendations regarding access and
traffic. A parking area plan shall be provided to the City Engineer for his review and approval.
3. All tree Koval and trimming shall be subject to review and approval of the City Arborist.
4. Any fi+eestanding lighting placed on the site shall be in compliance with the Zoning Ordinance and
Page 134 of 194
subject to review and approval of City staff.
5. The applicant shall take measures to minimize soil run off into the St Croix River.A soil erosion plan or
any grading and drainage plans for the site shall be submitted to and be subject to review and approval of
am City Engineer.
6. The City will not require conformance with the Design Guidelines for the project.
7. The applicant shall position equipment and materials stored on the property in such a way as to reduce
its visibility from the St Croix River.
S. All work associated with the barge activities will occur between 6.00 AM and 10:00 PM.
9. Placement of the fuel tank shall be subject to review and approval of the Fine Marshal and be subject to
all local and state requirenenRs.
10. Edward Kraemer dt Sons,Inc. shall t*c all necessary precautions to ensure that the project is performed
with utmost safety and care. Best Management Practices and other applicable industry standards shall be
followed.
11. Xcel Energy and Edward Kraemer shall be responsible to reimburse the City for costs incurred related to
any emergency responses and activities(fire suppression,rescue,etc.)stemming fian this Projmt
12. Edward Kraemer & Sons, Inc. shall notify the City Adminislraftw and the City Fire grief not less than
72 hours prior to activities that involve the use of explosives and inform the City of any intended aeons.
Edward Kraemer shall meet with the Fire Chief to discuss access protocols and contact inf oration.
The Fire Chief may revoke or suspend the Interim Use Permit at any tame for just cause.
13. Xcel Energy and Edward Kraemer are responsible to reimburse the City for any and all collateral
damages that may occur to any City property due to the operations,including all administrative and legal
fees necessary to collect such fees.
14. The Interim Use Permit may be revoked,suspended,modified or edited by the City for just cause.
15. The plans are subject to review and approval of the Department of Natural Resources and any other state
or federal regulating agency, if applicable.
IL The applicant has submitted a site drawing and supporting documentation to the Community Development
Department attached as part of the Pig wpon-
1S. This Conditional Use Permit is issued in addition to and not in replacement of any odd permits previously
issued by the City to this permit holder.
Page 135 of 194
IN WITNESS WHEREOF,the parties have set forth their hams and seals..
CITY OF OAK PARK HEIGHTS
Date:! _ �r �.5 Hy
McComber,Mayor
Dom: [ y 7
Eric Johnson
CityAdmWstridur
i
Edward Kraemer&Sons,Inc. i
Date:-iiwQ. 6, Z01 By.
-- gLRb!Afi ca
Xed FaeW( )
Date: j3 JB ;
Page 136 of 194
r •
Exhibit 1
A.S. King Plant
legal description
Page 137 of 194
I
Conditional Use Permit(CUP)
Albwing Construction of Two Rail Spurs
&Interim Use Permit(7UP)
Allowing Placement of Temporary Administrative Trailers
At the Xcel Energy A.S.King Plant-1103 King Plant Road
Legally described as:
That part of Government Lots 2 and 3 n Sect on 2,Township 29 North,Range 20 West;and also,
that part of the NE '/4 Section 3,Township 24 North,Range 20 West,add also,that part of
Government Lot 5 in Section 34,Township 30 North,Range 20,West,Washington County;
Minnesota. All to be described as follows:
(NOTE:BASIS OF BEARINGS for this description is the South line of Government Lot 2,
Section 2,Township 29 North,Range 20 West being North 88 degrees 48 minutes, 16 seconds
East)
Beginning at an iron monument(found 4 inch well casing)at the Southeast corner of the SE 114
of the NE114 of Section 3,Township 29 North,Range 20 West;thence West along the South line
of Said SETA of the NE114 of Section 3 on a bearing of South 88 degrees 47 minutes,45
seconds West a distance of 333.03 feet to the Northeasterly right-0f-way line of the Chicago,St.
Paul and Minneapolis and Omaha Railroad;thence North 38 degrees 03 minutes 13 seconds
West along the Northeasterly right-of-way line of said railroad a distance of 3523.22 feet(to an
aluminum cap monument stamped JLM RLS 415835);thence continuing along said railroad
right-of-way an a tangential curve,concave to the Northeast having a central angle of 6 degrees
51 minutes 52 seconds,a radius of 3057.16 feet,a chord bearing of North 34 degrees 37 minutes
17 seconds,West with a chord distance of 366.05 feet to the South line of the North 700.00 feet
of Government Lot 5 in Section 34,Township 30 North,Range 20 West(set an aluminum cap
stamped JLM RLS#15835);thence North 88 degrees 47 minutes 54 seconds East along said
South line of the North 700.00 feet of said Government Lot 5for a distance of 440.23 feet to its
intersection with the southwesterly right-of-way of former Chicago,Milwaukee,St.Paul and
Pacific Railway Company,thence along said railway right-of-way southeasterly on a concave
curve to the Northeast,having a central angle of 01 degrees 28 minutes 21 seconds,a radius of
5770.65 feet.,a chord bearding of South 30 degrees 27 minutes 20 seconds East with a chord
distance of 148.53 €eat to an aluminum cap stamped JLM RLS#15835,thence North 58 degrees
48 minutes,30 seconds East radial to said curve a distance of 105.60 feet to the southeast corner
of the property described in Book 303 of Deeds,page 772 in the Washington County Recorder's
office(found brass cap in concrete);thence North 0l degrees 12 minutes 06 seconds West along
the east line of said last described deed a distance of 0.50 fee to an aluminum cap stamped JLM
RLS#15835 said point also being the southwesterly comer of a tract of land recorded as
4
Page 138 of 194
Document No.629805 at the Washington County Recorder's office;tltence North 58 degrees 48
minutes 30 seconds East along the Southerly line of said Document No.629805 a distance of
157.02 feet to an aluminum cap stamped JLM RLS#15835;thence North 01 degrees 12 minutes
06 seconds West along the East line of said Document No.629805 a distance of 597.81 feet to an
aluminum cap stamped JLM RLD#15835,said point also being 100.00 feet South of the North
line of Government Lot 5,in Section 34,Township 30 North,Range 20 West;thence on a line
100.00 feet South of an parallel to said North line of Government Lot 5 having a bearing of
North 88 degrees 47 minutes 54 seconds East to the shoreline of Lake St.Croix;thence
Southeasterly along said shoreline of Lake St.Croix to its intersection with the South line of
Government Lot 3 in Section 02,Township 29 North,Range 20 West;thence Westerly along the
southerly line of said Government Lot 3 on a bearing of South 88 degrees 48 minutes 16 seconds
West a distance of 1683.27 fee,to a monument(found a 4 inch well casing)at the Southwest
corner of said Government Lot 3,in Section 02;thence Westerly along the South line of
Government Lot 2 in Section 02 on a bearing of 88 degrees 48 minutes 16 seconds West a
distance of 1320.00 feet to the point of beginning.
EXCEPT:That part of the Northwest Quarter of the Northeast Quarter and Government Lot 1,
both in Section 3,Township 29 North,Range 20 West and Government Lot 5 of Section 34,
Township 30 North,Range 20 West,as shown as Parcel 63B on Minnesota Department of
Transportation Right-of-Way Plat numbered 82-78 as the same is on file and of record in the
office of the Registrar of Titles in and for Washington County,Minnesota
EXCEPT:That part of the South half of the Northeast Quarter of Section 3,Township 29 North;
Range 20 West,shown as Parcel 63C on Minnesota Department of Transportation Right-of-way
Plat numbered 82-79 as the same is on file and of retard in the office of the Registrar of Titles in
an for Washington County,Minnesota.
Washington Counly GEO Code: 34-03-020-43-0005
Page 139 of 194
EXHIBIT 2
SITE PLAN AND
PROJECT ATTACFLMFNTS
AND PLANNERS REPORT
I�
Page 140 of 194
3W1 Thursi pn Avenue K$uke 100
Anbim.AAA!MOO
T P C F'�orw:7a8.�1:�0
ftcsWft;M'47.050
Ti'ioier"n "awn
PLANNING REPORT
TO: Eft Johnson
FROM: Scott FWWrds
DATE: May 8, 2018
RE: Oak Park Hel"—X001 Energy,A.S.king Plar"IlnDQT: Doric,
Barge Loading Facilities.Office apace and Other Omens
—Conditional Use Permit Amendment/lrrterim Use Pernit
FILE NO: 236.02-13.03
BACKOROUf�p
Nick Ruba,of Edward Kraemer and Sons. Inc. (Edward Kraemr)has made aW k etion
for an amended Conditional U®e Permit (CUP) and lnf dm Use Pmmit to allow tr
staging operation related to coratroction of the St Croix River Crossing on XaM Energy
properly. The project will oonWM of Indalling a dock wan area at the existing Xcel boat
lending, imprvmers to the access road b the goat landing, a temporary field office,
storage facBties, dumpsters and fuol slorege. The boat lending and the locaWn of tl±e
fiekf ofte is north of the Allen S. Keg Generating Plant. The plant Is located at 1103
King Plard Road and is adjacgr t to the St! Croix Rimer. Xoei Energy has agreed to the
use of their property for the gperaft s by Edward Kraemer.
The property,is zoned 1, Industrial Dishld in which this We of caging and water sown
operation would require a CUP and lyderim Use Perrmdt. The property is also In a River
Impact DlsM which required the original CUP for the Allen S. King Plant and the
subsequent amendment that have allowed the plant to expand.
Attached for reference:
Exhibk 1: LaydownlStarging Plen,April 8,2013.
Exhibit 2: Alien S. King Plant Property Layout
Exhibit 3: Pyres c f Barge Sfiaglrrg Area
Page 141 of 194
IMESMALYM
Proms The descsipdatn of the operations prppoed by Edward Kraemer
Is f6und In detail In Exhibit 1. Ew"*from OW descalptlon we as t+oliows:
'7he XW Energy Ames Paint a ImW spuBt of.tie 'f sb� Thb e�ea
of a fopw ant ppft 7ho AW is#w 400 wW area ~is AMWbd In the
MW Aacm Fjw In ad*Won k d e a�.ffaerrw w�l how*,mm In title ar"
V dre � weal urdeft of i se mod. ftwft 7p aww Is Ovecbd
+/day end yw,1NyC,bv n.�md In, d wiorJ*W wWft a. A I lull wN! bo xftW In
an S.Apa X-20 AW mm (it rttg4W fir�)ray be here to
stage s at zho and of the'Wo mew khan moft mem on to bow W&M
theft oordd M*wwpAe.
7ho sile=W p wt is to sood'ss road-ftm Xoel kvdXm Wesup to to dock wafi.
71* womp rrpsd wfN be dared on each MW mft Smw day 8Nt fwm from.tha
agate kwati n �toMth��ye�dc x*woelf. 7Ms wdl go wo&a►s an On norM wW xwffi ff
". � �»iNiffl � 3Ap!� POMP m h - 4 N mam !lead; to
wsl.O Me pmcpw: ,Qi *W an tip omdthn.af dte, raad{. dfaes b
o,r O r'irrwJ60 4s!wN be added bet the &W di r aff Amce to hoo Bowe the
road.
��Mb plan hoft/lie hwdoytp po d mt�tylhy9 w*vl d��w aafines mad w dt goft
is awrongy/odd: M�M�Vi nx*.�o R!wd me * 00 iseaO1 .
The nextpwt of NO wft is Me XoW laydc*m w"~a mw*am is of `perfk/ng
W and's hriced in yard Kramer has bem in *wwxm** X &d wwMv
on an mwd to Use part of OR*fbnoed fn yand. Owe Me oppq W upon was/a set
we WN In tali a wMarwy lance eQ boo pubd any mahWW OW Xoel=mW hes In
their yard. TTk Wm wN tften be removed+4m owrpbbb►t of the protect.
This sme wN dawn a bald afte (raughfy 12 *at x so beet) Ibr ft gip.Merit
OnGhW86 and Wft porsMMI. T&ne W ba at laaot t".p f*W x 20 feet C~boxes
used to store & na BMPht and sMW mete W A pmht Jon wN be posiWoned by the
ofte &&*.w end staked dom PW wN haws a mfi !off dumpsler here to aid and
weans that is produced Krae w wN how a am it fuel hw k 14O0-M mss) that m
double #nod and wN be piaoed on poly w/th a pwwmphw aon6W. A signed and Mad
Omar to ward pN wN be in ihfs sre only for the oonavie pump to wash out at This
pit vN be monsamd and deahed out Men the need des. All of fire avwvb bucks
wN wash ad at their ommrste fa 0ba The may of the ewes wN peril In this
arm and wee wN meet wftlr lire bed** dgmw*nent to en tf*y Inane enough room
and the proper mdli to drfue droq* Me area. OVw m W4wwnt and amdw l may be
stared ham and the Superintendent and En kownental C.ompdanae A4snsW wN
snare that k is stared com mOy. ff exam rock mater/a/ is dWd at this focaatlorr for
malnhwer ae of Mo road a parfm ier a m*W wN be proWded vb nrobtfe Ow lops."
2
Page 142 of 194
' 3• I
Comprehenshre Plan. The Comprehensive Plan designates this anew as ktdusblal
land use. The proposed use of the property for a boat IandkV and cons nKNon sta tg
arias is recognlaed as lnduWW land use wmdftM wNh the maps and policies of the
plan.
Zord"g Ordinonce. The ills is zoned.i, InduWW OWW 16 which per.plant and
boat landings art a peadiod use. The amid CUP is mWW lo show too
expanded use of the bast landing area and the pn�tiarty for Sri staglro in the
RWdr I Dl trist: The OPKAWA of Cdr" Krjaerner would be considered as an
Interim Use. As such, dillons can be placed on the,opemhon, lnolir>e a Utnited
time of opsratbn for ibis roc Won. his steed!hat tlm Inman use bo allowed
until Nompber 30.2D14. Secdon 401.06.Admin atbn.-lntmft Use Perrrdts pupil
the atlowanoes and aftrid for uses that are to be located an a pry for a smiled
time period.
Mum. The pmjad nar alNe provldea the fraliowft relftd to. scom for tits
operations`
'7ho!Coat dock wON wdl be std off of TH 95 wft do=M soon road OW do
ftaftrrt �►MM,tier try str"t .- am pv�jpoelrtp tp wfdan out
ft road arof oxIWW Hie rated dwft as arltia" on the r±agp-b 0e lac. IM
wN ft ti b (Its d* w y 0 rrrate> t kr d ft robar�a 9d foot taaMV sec#lorrs
for do rhw pier$ Me ==I owftwaffm mabs H err*din for a full aIN
kteomr loader fe MWMW8r Me sacra Tire fixate WE #fir am the ~ !'acfflc
rafted tracers and fotw Me grave!road to Me XcW pwbv Ift The arrrrrnt oorrdlGkm '
of Hie road have beer►dorx mentod prior fo any wnWuc*n by a O*d p&y. Orioe ow
ltd for iris rhw kwxbgbns to oor Wbb the caorrrer can be n tb Its o4#W
condldan ardess the M or AMDOT dbsdb us to Amv[e 9 as Is for Ike OW aonft is
assocl4MIed w 9h Hm awshwaft share bridge."
Parking and TraMlo. The City Engkmr shall review the access plan and melee any
regarding ac oess and ftflio. A parking area plan shall be provided to
the City Engineer for review and approval.
Ughdng. The facllity is not proposed to be IL Any new lighting of the site WIN need tD
be in compliance with the Zonlop Ordinance and sit to mvlew and appr i of CRY
staff.
Trees/Screening. The pictures ticen last faN of the sit and ett d*d hrdlm to that the
area surrounding the sit Is heavily wooded. There are no other uses or proper9es that
Arne impactd by this request, so additional swung is not required. The app ant
should position equipment to be stored on the property In such as way as it Is IOU
visible from the river.
Grading and Drainage. Any grading and drainage Issues shall be addressed subject
to review and approval of the City Engineer and the applicable watershed dish.
3
Page 143 of 194
i
Depeftent of Natural Raaoure. The Deparbnerg of Natural Resources(DNR)has
been npVW of the request. Malay Shodeen. ft Area Hydrologist, has Indicated that
the DNR has steed off on the reqMOW O*ct.
Dssipn auMellnes. brae am no bindings proposed for the opentiorw other then the
temppreq office ire, in that the balding will be Wnporaary, @WJar to the MTN
approved for XcW Enemy In the past. Wince with Din OWdd hes is not
reguirod.
Ca<rndMoneil Use Permit — River Impact DtstrkL The use of the boat landing as a
barge oWft area is subject 16 en amen W CUP under the,Rimer IKOW District. The
Planning Com leWon should co Wd� the oonlOMdty, on . . Issues and
Impacts of the proposed Prof In making its reoor.3 ' I don. The oondill onal use
permit al9ft, found in �401.03JL7 of the Ordinance. are found as
follows:
9. Rmft"*to ache*&a*poiliaies andpoWi s of nw doPe1 oorrPahaa Aber
Z. The wn rmV wdh pfd rind A*0 lead on In 00 area.
3. 7f re tae tic arair mod.
4 VFIarNreer tPres.rte t+srad. gr t + prQperlRd
V. The d►"Ot on r.of t�miser.
aL The&mm* .., need for such raa
7. Tr aft gene obn by irk eras air ratafi m to cWAbaft of am*swvkV the prgpwly
SL The byped upon I s and WOW"IFr*dbg via Whook shok
arxar ,ersttls ,
0 The proposed rise's aN perAvMw oe at+eadaft OwOkW harekr AG.,
pew ,rose,eat):
Due to the lour of the boat lending and the oanstruction staging area in an Industrial
area, and the fact that It has been used sari a landing fora number of years, City Staff
recognbms no issue with the expanded use on a temporal► basis. The EdwBF d
Kraemer operations will also be subject to an Interim Use In which specilia oondidons
wKI be placed on Its operation.
irarlm Use.
Section+404.o5.0 of the Interim Use Permll Section specMes a number of criteria for the
review aril approval of a use. A review of those cderia are as Follows:
2. New Uses.
a. Cwdb ms to so zwft r+epr kftns as othwm*o an**Je.
The use wiM be required to comply with all other Zordng Ordinance
and use standards.
4
Page 144 of 194
b. T dratB of euprrt tfat!rs�Ill the ke 1py�rrtd$eal qty.
The use will be allowed to csordlncia ur dl November 30, 9014, unless a timallne
extension Is granted by the City C'►ound.
A.The eXWence of die use Wir not bpm addMorW.costs on go l ff N is
neaeawy for be Pub to 46*M&pte Property in No fu[tre.
There slwuld be no issues wfth public Costs.
d The axial qpws to any oor4ftm dot to C#y CounW deems appropdaft for
PSM*0bR of'00 use.
The gVilcont wall be required to agM ID the conditions In writing.
CONCIL MMON AND RECOMINJOAPON
Based upon the preceding miew, City doff 000m mends: approval of the CUP and
Interim Use Permit to allow for the expanded use of the boat landing area and the
property for construction stage ft on the Xcei property In the R vasr Impact District subject
to the fpliowino cond":
1. The Interim Use of the site by Edward Kreemer Owl not extend beyond
November 30.2014. Too applicant me rreq t an extension of the Interim Use
Permit by the City Council prior to its ercp .
2. The City Engineer shall review the access plan and mWo any recommendations
regarding access and traffics. A parking aree Plan shell be provided to the City
Englneerfor review and approval.
3. All tree removal and trimming shall be subject to review and approval of the City
Arbodd.
4. Any freestanding lighting placed on the site shall be in compliance with the
Zoning Ordinance and subject to review and approval of City steif.
5. The applicant shall take measures to minimize soil run off Into the St Croix River.
A soil erosion plan or any grading and drainage plans for the aite shall be subject
to review and approval of the City Engineer.
S. The City will not require confomxanoe with the Design Guidelines for the project.
T. The applicant shall position equipment and materials stoned on the property In
such a way as to reduce its visibility from the St Croix River.
5
i
Page 145 of 194
S. Ali wont clated vM the barge acdMUM until OWUr between 8:00 AM and
10.00 PM.
9. PlaoenWd of the final tMk SWI be subject m mview, and approval of the Fire
Maretal and be subject to all local and sWe mqukww*L
10. Edward Kra shaff 1448 all necessary prowua=to ensure that the pmjW Is
perfomred with utmost sw* and care. Beat-Managemerd Pracum and o#w
applicable industry standards shall be followed.
11. Al Energy and Edward Kraemer"I be mqxnOb to relmburae the City for
ovate Incur". its td to .. emergency activitlos t*e Suppressim.
rescue,stc.3 f .
12. Edward Kraemer all I**• Ad—Ml6lotrator and the City Fire Chief not
less then T hpur f�� the use of ekpkmdm and lrform
the City of any : shall most with the Fire Chief
to discAm access end ;nation• The Fire Chief may Mvoiw
or w apend the In W% Uin f sit 4M*W JOr cause.
13. Xcel Energy and reimburse the M tflr any
and all oolleten it : j#W-mg,y OcAur to any CY properly due to the
opemams, including all nInIslra#ve and legal fees neweem r to 001e0 such
tees.
14. The Interim Use 'Permit nipy tie revolted, aUspertded, modBed or edited by the
Cky for just Caine.
15. The plans are sub)eot to 'review and approval of the Depeftw t of Natural
Resources and any other state or fedwW regulating OWCY, If apptfeabb-
5
Y
i
Page 146 of 194
EN
MnDaT Project Number; 8221-82045A (T.H. 36)
LAYDOwN/STAGING PLAN
Ali 8, 2013
Edward Kraemer & Sons, Inc.
1020 Cliff Road West
Burnsville, Minnesota 55337
Page 147 of 194
i
a Cron Fow Cr"PV FgWWWNM Pr*d
LAYDQWSWA41NKt�PLAN
R rte: ftv.o am-is Pipe 2 of B
IMLLOF
TAMO.CONTEM1111...11...11/ 41./171r ►Mp1►/i//1/�Ii//N///NM�
9 IIAI 111 1+/■IM111......... /1m11►N1■11.11.i.i.............*/1/1//1►/►►/IIN/11.►1M//►NI/IIrMq�
� �I IIIIIIi/q�M1111►IIM1►Y//I/fIN111►Ii111f1111/f►►11/NM/111/IIIIIIIMII►1./111111/11111111/.►/NIIIIII�Y
111..11111111111 N........►111111.111.1111.111/....111/1..11 d1../1M..........11111.I�MM.11.1.NIff�
APPOM
Y,W Lot Ma Ara PkM
F
Ill
WrIften W. ISRAEM R RevWW by: APPS by:
03:20.13 = Dds:
Page 148 of 194
13 St.Croix Riven'Crossing bra PMOd
LAYDOWNWAOM MM
Doc.W: l3s+r.0 0929.16 I .FlOP S or B
Edward Kraemer and Sons, Inc. (ftemer) is pleased to present Our l.ityd~rN;
Plan. This Is our tentative plan or how we antlte the to fie. The acral
locaftn of items may vary throughout the project dsperrding an the timing and the
duraonality. The plan rdil also iderhdfy some SMP's that Kraemer will be Oft ID help
minimize any impacts to the..bit. Cal Fber or the s4.rrounditV Via. At#6 time we fib
not anticipate any clearing and grubbing of areas to credo a IaydoMm Oulu Will 0 area.
9"Mq An"
For this project Kraemer plans to utllrze twp s puVe arms for laydorm grid staging.
The areas are shorn in the aw hed gams WIM a general idha Of 1119 layout. These
Includo:
1) Xcel Enemy Access Point
2) SUNwater Municpal Barge Facility
The Xcel Energy Access Point is bated south of the future brides site, This area
consists of a few difterent parts. The first Is the dock wall area which Is detailed in the
Water Am" Plan. in addition to those details Kraemer wiq have a crane in this area
to facilitate the loading and unloadit of barges and taroks. The crane is Inspected
dally and wM be maintained in good working condition. A spill kit will also be ct0red In
this area in the event brat it is needed. Depending on the amount of room avallabte an
V x 20' cow may be positioned here to store small w*at the end of shift rather than
loving them on the barge where theft could easily take piece.
The second part Is the awes$ road from the Xcel laydown area up to the dock wall.
This access road will be lined on each side with super duty silt fence from the current
pate location up to the dock wall. This will protect the wedands on the north and south
side, Wetland 0 forested and wetland Xcel Pond reqxK"iy. If the access road
needs to have tree limbs trim to accommodate the movement of equipment a
qualified arbors will facilitate the process. Depending on the condition of to access
road some cuss 5 or atmllar maw will be added between the suer duty silt fence to
Women W. rCMAEMER '
Dag: 0329.13 Date: Data:
Page 149 of 194
- i
• Ilit.Croix Mesr Or+OS kq Fmnn ft*Proms
LAYDOWWBTAOM PLAN
t7oC.No: ROV.0 PQ6 4 C11
help IritpNw the road. We plan on kvtallft a NVO*V Pad Ot the end of the access
urer.
road Opp the gam ls.opriently Iced. FtemJUb fr cru fo*wM be
The ns4 part of tt era Is the)Feel laydonm WW WhWh OWOMY OVOO-01 a'P tg
IW and a fenced 1p Y . Krso"r-t bast' In o�mmwWft TO Xc8l WO woddn8
on an qWOOMW to use part of their WWd in tom, upon area WOOL
In ,Q'teW",Wy%to to .PrMd Ony MC381 OW W WoVnay too in their i
yard: ` *ncre w40 them be WNWW WO WnVWw Of*0 MOM
Tbio rA fib;.a _��r� f�'x 84'� for ttst rupee .�
and l l be Vo D' 20` rtortec o sione
e VIP`s ani� saw t rial, A -WR to P l�Y t acrd
staked O)wn. We wilt boo a troll A durrtpsw here to OOW any Y hat Is
ftWi0d. *WW-joil f -a i' (400-AW thd is dmae Iwd
OM wiA 'pa pMo d an poly a:Vv*now mil. &OW tW Yned wrf to
WOW pit%O be in ft aft d*for:tits OW040 PUMP t.*Wh aL This pit wiq
be wnwtituted and toned %a when t#te twd "0. All of ft WwO trlx" will
well out at their NMI"fSONOPS, Themoft Of tt+e vA f in this crag
and wo wiU meet ii o" low fire "W""It to"Wm#W h room and
the mdl a:dive thdh te area. Odw Wpnwffl ON Moe*may
prover �stoned
two—,nit the p�trlrrterxJertl and.Er onmeOl i N that rt
Is:dww oorrectly. it a"rods Mabel Is slegoo et Wo location for nwhonanob of the
road a pednu far control will ate provided via mobile OW IDW
The X I do9k wall will be acONOW 0# of TH 90 using tfte earns aooees road 1hW the
mow
er tree mere ft use's,or fi+9M'Street Nth. We are pro oft to*Won out
the road and end the railroad cra
" ohm" on tha map In tho appendix.
Oil.feolitata the delivery of mats including rasher toles end W wftns fear
the riser piste. The dent �umooi n mama ft ext�eh� d k for a lull site
tractor tratler to maneuver the Win- The trucks wlll #ten cross the Union Pacific
railroad tracks and follow the gravel road to the south to the Xcel pad ft lei. The
current conditions of the road have been dDoun enled prior to any mwkucdon by a
third party. Once our carew for the river foundations is oornoete the comer:oan be
WOW by: KRAEMER Revised by:
gate: &.2-0 Is DM, DOW
Page 150 of 194 !
+ ft Croix Rkw Cmming FmrAdba Pr*d
F13
LAYDOWNGTAMO PLAN
Doc.No.: tv.0 e3.26.13 'Pape 5 of a
"WW to its final cmn&*m unless the Cky or MnDOT dim us to bOm it as is for
do Sher conVacts Wted wkh°tho ConWucWn of the W0.
n* a"#*WM be utili M for sWrio is the Sowater Niunidpsi the Facility.
tt is lbWW am of TH 95 and north of Sunnyaide Marina. Thin lo the same area that
Krasmer used list ym when .pbrWWV vas an the Sblh r Lift OdOP-. The area
will be SMeW off d TH IM Wd Krmw is POPOV to wry the nOdh QPrW of the
dated rosd as I ww is the north to^ros fhe Bso FadUly, see atta49ted plan shmW
owwbV the Inft Thla work would IWA the 0*01100 of the current 8W and the
rent W cal aWA a doyen tria0. ThO,sot inn filled with a mp d road
b � fair.erg VIA* V'afdc thfit . F d the froac
cones be nxwW a would be pmbcyad with a
Title ama will be ant to a 4maller dock mil that KMWW WIU COMO"WW 09169d
#or mlerdlel*mo gist thot will be medal far#110 PMJ@dt,OQWence dilator MOON
Plan for detailsllo ion of the dodo waM. The ama may contain a cvw born for
BWmpe of small tooth and suppl oo. A porta-on w(N be Posilia and here .ate staked
down. Thera is potsntiW that.a small roil off dumpshsr wx�l here as well. This
staffing area WIN piirt aaly►cor'rWn fwmvortc for the forms Wd Cokarmlo arrd ahm may
be used as a phm to off loud rebar bemuse Of"WV"m at Vve othw dodo wall
locution. We will also um this area to set rap the wa er"WvWg WRy for turbid and
aNcaline water. The fad9ty wil coneist of"M or#tree Rain for Rent tanks along with a
send filter. Them llorrfs we highliafrted in the dewatering plan. Sam of tho drilled
shaft spoils vdU al"be aff bodad at INS area. That piooess will Involve the use of an
excavator. Thy work is phm.nod to occur during the normal work day hours. The use of
SNIPS.either sift feriae!, bio-roils, or straw bales will be pla0d the ends of file d�lc
wall and flared bade to h* Ater any runoff irlo the St. Croix Rhmr. A spill kit will also
be positlonsd at tft site along wnh storage of W*r BMP's. DVanding nn the oandihon
of the pwwng lot soma.lass 5 or similar material will be added to trek improm the noted
additions.
WrUn by- KRAEMER Revised bY: AVproved by:
i*e: 0329-13 DaW:
Page 151 of 194
PAW
.-*Ouo
any
LOGO AN#W
Widow in sonrc I � f the
F ax +by: 1lFtAEf by by:
: 03.29.13 Pon:
Page 152 of 194
_ � E
' I
r �
rrw
1
ro
k'
wY M 4
yy
I � d
•yam a P, y "i „+ 9 �.. � f�ifi�!' "'�P"� "' ,��,� �"
*l
A -Y
L
1
ZIP,
S' x .: / s.
pir
Sk
e ,• r,.�.* t A
Alit
.��
Page 153 of 194
�+• � ��"r I T Hsi( .+W�b o-� �H �M 'R !x� .t� �
� z .
�r�
� b
w
4
m.
r{�
ro .
„dr fit.
All
4
1p
w
Page 154 of 194
i
i
C+# 9nrnA�Y �, l !ll m
— a
n
IMA
IL dh
71,
THIS PAGE IS INTENTIONALLY LEFT BLANK
Page 156 of 194
Oak Park Heights 10
Request for Council Action
Meeting Date: March 25, 2014 Time Required: 5 min.
Agenda Item Title: Approve Starting Hiring Process—Replacement Officer
Agenda Placement:New Business
Originating Department/Requestor: Oak Park Heights Police Dept., Chief Brian DeRosier
Requester's Signature
Action Requested: Approve Starting Hiring Process—Replacement Officer
Background/Justification:
I am requesting approval to formally start a hiring process in expectation of the replacement of Officer
Kropidlowski due to retirement. Officer Kropidlowski is investigating his expected retirement at the
end of May 2014. Council has budgeted for this replacement officer in the 2014 budget process.
I have reviewed our current list of applicants generated from the hiring process in 2013 when Officer
Paradise was hired. I have taken the next highest group of scoring applicants from the list and sent a
letter soliciting continued interest from them. This group of candidates was asked to return a letter of
continued interest, eligibility, and current resume.
From this solicitation I have received a list of interested candidates to offer an interview for the next
phase in the hiring process. An initial interview will be offered and the pool will be narrowed to the
top 3 candidates. Follow up interviews will be conducted to determine a final candidate moving into a
background investigation. Upon successful background investigation a recommendation would be
present to council for approval to hire the successful candidate.
This can be a lengthy process when hiring a police officer with background investigations it can take
up to 3 months to reach the point of recommendation to council for approval. The timeline with
starting now is predicted to have an officer hired and initial training completed by Sept or October
2014.
Page 157 of 194
THIS PAGE IS INTENTIONALLY LEFT BLANK
Page 158 of 194
11
Oak Park Heights
Request for Council Action
Meeting Date March 25", 2014
Time Required: 5 Minutes
Agenda Item Title: Consider Possible NO PARKNG Area—Nolan Parkway
Agenda Placement New Business
Originating Deparbment/Requestor Council Member Mike Runk
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):
I would like the City Council to consider the installation or review of a NO PARKING zone along the west/north
side of Nolan Parkway(even side of street),see map below.Due to the curve,traffic traveling southbound on Nolan
Parkway from Norwich Parkway may not have adequate time to react to cars parked along the side of the street once
one gets past the curve.
375 iRCLE N p
57
I 71
+ , W
4x7 5 NORTH
7]7 '
N I 75 w ,711 5552
1 sx9a 5510
5� a I%91 5555 r
501 52 �
la-
NORWICH PARKWAY W91 p
{ 559 5637
5595
Cars park on the
west 1 north (even)
side of the street in
this stretch.
X32 traffic cannot see
�� A ` ..: parked vehicles
SM 9288 -
5287 around this curve
5!�
if
Page 159 of 194
THIS PAGE IS INTENTIONALLY LEFT BLANK
Page 160 of 194
12
Oak Park Heights
Request for Council Action
Meeting Date March 250%2014 _
Time Required: 5 Minutes
Agenda Item Title; Consider Additional Pedestrian Crossing Signals at NQY- ..Scotia Avg_ d
58m street
Agenda Placement New Business
Originating Department/Requestor Council Member Mike Runk
Requester's Signature
Action Requested Discussiop.,Possible Action
Background/Justification(Please indicate if any previous action has been taken or if other public
bodies have advised):
In 2013 the City Council considered additional pedestrian trail crossing markers at three locations in the City:near
the High school along 58`h;at Boutwell's Landing along 5e street and along Oakgreen Ave at 56s'Street.Only the
Oakgreen Ave.site was considered an appropriate candidate for additional flashing signals to aid pedestrians across
the street.
One additional site the City Council may also wish to consider is the trail crossing at Nova Scotia Ave.I see many
walkers cross this street as it is a main connection to the City trail-ways to the south through the Linear Park and
northwardly to the eastern connection point around the large pond adjacent to the Goodwill store.
The costs for the pedestrian lights along Oakgreen Ave was approximately$11,500+1-and are solar powered.
See maps on next vase
Page 161 of 194
a
p
W:
sr
a It
w
w
1�G
4 � � .N.
If131. I f-ed Cmsdng UghLgfor
Z
pity Trailway (RED)
Ui
Q
Consider signalized
Cross walk Here
o L
CD N
Z
PKP � well
O r
C-4
City Trail Through 83
T Linear Park 3
1 14 3 AN
I o 5yp3 T
r 1�0 { 7�`� 0i h LQ ED m � . 5608
m M M cO7ri 93
r r r r
5574
NORTH $ 3898 56TH STREET NORTH 5565 � ccc� 5573
Page 162 of 194
13
Oak Park Heights
Request for Council Action
Meeting Date March 25'h, 2014
Time Required: 5 Minutes
Agenda.Item Title: DNR Groundwater ure?and A uifer h acts
Agenda Placement New Busines
Originating Department/Requ r ric ZZ;(City A dministrator
Requester's Signature
Action Requested Please see Merin. dated 3120114 as attached
Background/Justification(Please indicate if any previous action has been taken or if other public
bodies have advised):
Please see Memo dated 3120114 as attached
Page 163 of 194
r �a
City of Oak Park Heights
14168 Oak Park Blvd. N•Box 2007.Oak Park Heights,MN 55082•Phone(651)439-4439•Fax(651)439-0574
March 20,2014
MEMO
TO: Mayor and City Co:"Miri,FROM: Eric Johnson,City
RE: DNR Groundwater Rules and Aquifer Impacts
Council and Staff are aware of the aquifer concerns for the east metro. While hydrologists and water sourcing professionals
have been monitoring aquifer levels and quality for perhaps decades the issue has recently risen in media attention. This
attention initially was garnered due to White Bear Lake(WBL)surface water elevation declines and more recently a lawsuit
regarding that decline from WI3L homeowners suing the DNR to take action,and most recently DNR and Met Council studies
regarding that lake and aquifers generally. During this current state legislative session there have been several bills introduced
that are intended to address sustainability of metro area aquifers.
Beyond the message of sustainability,the simple ability of the City to continue to draw water from an aquifer becomes less clear
and could have substantial restrictions in the future.Considering this,several Washington County cities have been meeting at
staff levels in order to monitor and participate in the state agency activities regarding ground water sustainability and access
issues. At this time in order to continue meeting at a City staff level,a Council affirmation of staff efforts by entering the enclosed
Intergovernmental Agreement(IGA)would be appropriate.
The purpose of the IGA is as explained on page two of the agreement. Essentially,it formally creates and coordinates
countywide efforts regarding water supply issues. At this time there is not a contemplated budget nor a commitment for costs to
be incurred,other than staff time,generated from this agreement Any future expenditures regarding ground water supply study
or evaluation would create the need for further action by Council. The City may disconnect from the IGA with a simple 30 day
notice.
Membership in the IGA most likely will result in joint'positioning",messaging,participation in DNR1Met Council studies and
model ordinance creation and the like. It is likely the Met Council will be initiating a sustainability study focused on°solutions"to
the aquifer concerns. It is important that we are involved in soaping that or any similar studies that may be generated going
forward.Also enclosed for your consideration is a communication from Washington County to their legislative delegation
regarding these ground water issues. We have also attached a recent DNR report on ground water sustainability issued to the
State Legislature.
Options:
1. Do Nothing;this results in the City not having a'formal"seat at this particular table although informal efforts at the operational level
would continue.
2. Enter the proposed IGA;this results in the City having a formal seat at this table;this will allow for our input on any issues or
opportunities that come before the group.
Staff Recommendation:Keeping in mind the City is a small player in this discussion compared to the larger water
cOnsumsrs,staff does recommenO Option 2 at this time as the City's ability to access water for its residents
consumption and firefighting should not be subject to further rules,some of which may be challenging for the City to
comply with or pay for.
Council Action:By motion, authorize the Mayor and City Administrator to enter,on behalf of the City,the
Intergovernmental Agreement regarding water supply,draft attached...Final Pending.
Page 164 of 194
,
CHISAGO
Columbus 9 Forest Lake
ro Maine
ANOKA
RAMSEY
Stillwater 9
Minneapolis
St. Paul
oCottage Grove
County
Boundary
Mississippi River
North & East Metro Hastings
GWMA Working Boundary March 05, 2014
Page 165 of 194
INTERGOVERNMENTAL AGREEMENT REGARDING WATER SUPPLY
This intergovernmental agreement(IGA) is entered into by and among the following parties:
City of Bayport
City of Cottage Grove
City of Forest Lake
City of Hugo
City of Lake Elmo
City of Mahtomedi
City of Newport
City of Oakdale
City of Oak Park Heights
City of Saint Paul Park
City of Scandia
City of Woodbury
each acting by and through its duly authorized officers. The parties to this IGA hereby agree as
follows:
I. INTRODUCTION
The parties agree that addressing the water supply needs of the Washington County Area (referred to
in this agreement as the "Area") while at the same time protecting natural resources requires
cooperation among all of the above named parties. A cooperative approach among all of the above
named parties to both technical and institutional issues related to water quantity, water quality, and
data gathering and management is necessary to ensure the long-term viability of the Area. The
following parties to this Agreement are served by municipal water supplies and wi 11 be referred to
herein as the Communities:
• City of Bayport
• City of Cottage Grove
• City of Forest Lake
• City of Hugo
• City of Lake Elmo
• City Mahtomedi
• City of Newport
• City of Oakdale
• City of Oak Park Heights
• City of Saint Paul Park
• City of Scandia
• City of Woodbury
1
C:%U=sl eaj In ma FileslContent.Outlook1P3 WSD8191Washington County
Muncipal Groundwater Coalition Agreement.docx
Page 166 of 194
II. BACKGROUND
In 2013, the Washington County Administrator's began discussing the anticipated challenges the
communities may face in obtaining sufficient and potable water to supply their current needs and
projected growth. The Washington County Municipal Water Coalition (WCMWC) was formed in
2014 to serve as a forum to discuss the issues facing the Communities. The WCMWC has served as a
forum for sharing of information and discussion of each community's development of plans for
supplying water while protecting surface water features.
III. PURPOSE
The Washington County Municipal Water Coalition is a collaborative, voluntary organization created
for the following purposes:
Providing reliable and safe water supplies to meet the needs of the Area for the long term
through the actions of individual member entities.
• Protecting and advocating the protection and wise stewardship of existing and potential
sources of drinking water.
• Promote the voluntary coordination of individual and collective actions of the Communities in
managing the sub-regional water supply for the Washington County area;
• Provide a forum for the study and discussion of water supply issues of mutual interest to
participants, to coordinate the responses of participants to such issues; and for review and
discussion of water resource-related issues before any final actions by individual participants.
• Acting in a consensus manner to the greatest degree possible so that the Communities can
speak with one voice on matters on state and regional policy matters.
• Implementing sub-regional conservation programs collectively to provide a more economical
service to our individual customers.
• Providing technical and educational support to individual members for their use in the
provision of water supplies and programs at the sub-regional level.
• Building partnerships to explore options, implement mutually beneficial programs, and
operate systems while retaining individual decision making authority and accountability to
customers.
• Sharing information about water systems to better serve customers.
Therefore, purpose of this IGA is for the Communities to commit to work together toward the above
purposes in the effort to retain a sufficient supply of water to the Communities while protecting
natural resources in the Area. This IGA also seeks to clarify the roles of the Communities in meeting
this need.
2
cauSM�eqj htmw FikslContent.0utlook\P3 WSD8191Washington County
Muncipal Groundwater Coalition Agreement.docx
Page 167 of 194
IV. AUTHORITY
Nothing in this Agreement shall be construed to modify, amend, or alter any statutory authority or
right or legal obligations or responsibilities of the parties. In addition, each party's activities and
obligations under this Agreement are expressly subject to the availability of appropriated or budgeted
funds to the party. This IGA is only intended to facilitate cooperative implementation of statutory
requirements and efforts.
V. IMPLEMENTATION
The Communities fully support the concepts of cooperation and coordination and are committed to
developing efficient mechanisms to address the water supply needs of the Washington County area
while protecting natural resources. To this end, the Communities will continue to utilize the
WCMWC as a forum for discussion of sub-regional issues with meetings to be held as necessary. In
addition the designated parties will continue the following work to address the management of the
Area's ground and surface water resources.
Administrative and Regulatory
• Each of the communities will maintain ,s MDNR-approved water supply plan,
developed in accord with Minnesota Statutes, section 103G.291, subdivision 3 and a
Wellhead Protection Plan in accord with Minnesota Rule 4720,when required.
• Each Community will continue to evaluate opportunities for co-development of
supplies including source sharing, regular and emergency interconnections and other
opportunities.
• The Communities will evaluate source water alternatives including use of surface
waters, inter-community sharing,reuse, and alternative aquifer use.
• The Communities with input from others will evaluate means and methods to manage
stormwater to encourage groundwater recharge while protecting groundwater quality.
Water Resource Information Collection and Sharing
• The Communities will continue to collect information including water levels, water
withdrawal rates, water use and pump tests. The information will be shared with the
communities and others as needed. The information will also be submitted to the
appropriate agency on a periodic basis.
• Each of the Communities will inform adjacent communities when a new water supply
well is being planned including the proposed location and aquifer that is to be utilized.
• Each Community proposing new production wells or significant increases in
authorized volumes will coordinate with adjacent local units of governments to
minimize domestic well interferences.
3
e:�t3sei\,m,,b.WP 1..d Mia..MwindowskT.I. y»etF.t l Content.0ut1ookiP3WSD8191Washington County
Muncipal Groundwater Coalition Agmement.docx
Page 168 of 194
• The Communities will share information about high capacity non- municipal wells
that are being installed in the Area.
Water Conservation
Minnesota Statutes Section 103G.291 subdivision 3(c) requires that public water suppliers
serving more than 1,000 people must employ demand reduction measures prior to requesting
approval to construct a water supply well or an increase in the authorized appropriation
volume. In addition to these requirements, the Communities agree to work toward the
following conservation goals and applicable measures.
• Keep unaccountedlunmetered water demand below 10%and try to lower it whenever
possible.
• Maintain or reduce both overall and residential per capita demand.
• )establish water efficient landscaping and practices on public lane and set an example
in the community with water efficient practices in municipal uses.
• Provide customers with information on the benefits of conservation and how they can
reduce water use, Start education efforts related to lawn watering before the season
begins and continue throughout the irrigation season.
• Work with businesses and industry to lower water use and increase re-use where
possible.
• Consider ordinances to encourage improvements in water use efficiencies and reduce
peak demands to the maximum extent possible. Potential ordinances include, without
limitation:
time of day lawn watering restrictions,
limiting lawn watering to a certain number of days per week, requiring use of
drought tolerant turf and landscaping,
- requirements for soil restoration before establishing new lawns, including
adding 4" or more of top soil and deep tilling of compacted soils following
construction
- prohibiting irrigation of landscape strips that are less than eight feet wide,
- prohibiting water waste or runoff from irrigation systems, and
establishing a minimum number of trees based on lot size.
• Consider establishing limits on the percent of total open space lot area that can be
developed with water intensive landscaping or turf.
4
c:\u�,,,j.hn.WpDatau",aw w,fKw %Tenpomy Nma rkSI Content.Outlook1P3WSD8191Washington County
Muncipal Groundwater Coalition Agreement.docx
Page 169 of 194
VI. MODIFICATION; TERMINATION AND EXPIRATION
This Agreement shall become effective upon execution by all parties and shall remain effective until
terminated. This Agreement may be amended upon the mutual agreement of all of the parties, and
only by a written amendment executed by duly authorized representative of all the parties. Any of the
parties may terminate its participation in this Agreement, by a written notification to the other parties
specifying the termination date and issued by the terminating party not less than 30 calendar days
before the specified termination date. This Agreement may also be terminated by the mutual
agreement of all the entities that remain parties to the Agreement at the time of the termination.Unless
earlier terminated as provided above, this Agreement shall terminate 10 years after its effective date.
The effective date of the Agreement is the date on which the Agreement has been fully executed by all
of the parties.
Mayor, City of Date City Manager(or Administrator) Date
City of
Mayor, City of Date City Manager(or Administrator) Date
City of
Mayor, City of_ Date City Manager(or Administrator) Date
City of
Mayor,City of Date City Manager(or Administrator) Date
City of
Mayor, City of Date City Manager(or Administrator) Date
City of
Mayor,City of_ Date City Manager(or Administrator) Date
City of
Mayor, City of Date City Manager(or Administrator) Date
City of
5
c_%USM\EQ +�pne��oc � taw ��z�ro�yrwwF;tw1 Content.Outlook\P3WSD8191WashingtonCounty
M_u_n_cipal Groundwater Coalition A-grwm_n_ent.docx
Page 170 of 194
Mayor, City of Date City Manager(or Administrator) Date
City of
Mayor, City of Date City Manager(or Administrator) Date
City of
Mayor, City of---------------_------------ Date City Manager(or Administrator) Date
City of
Mayor, City of Date City Manager(or Administrator) Date
City of
Mayor, City of Date City Manager(or Administrator) Date
City of
6
C_lU,ml ,b,sonWpD,t,Um N,ii,,mft\Wmd,m\Temm,,ymw,,tPiles\Content.outlook\P3W5D8191Washington Country
Muncipal Groundwater Coalition Agreement docx
Page 171 of 194
Department of Public
Washir., Health and Environment
conLowell Johnson
Director
Sue Hedlund
Deputy Director
MEMORANDUM
Date: March 4,2014
To: Washington County Legislative Delegation
From: Washington County Board of Commissioners
Cc: Molly O'Rourke, County Administrator
Subject: Minnesota Department of Natural Resources Groundwater Management Areas
The Minnesota Department of Natural Resources(DNR)is working to establish a Groundwater
Management Area(GWMA)in the North and East Metro. The DNR has the authority to establish a
GWMA under Minnesota Statute 103G.287, subdivision 4. This authority allows the DNR
Commissioner to "designate groundwater management areas and limit the total annual water
appropriations and uses within a designated area to ensure sustainable use of groundwater that protects
ecosystems,water quality, and the ability of future generations to meet their own needs."
The current proposed boundary for the GWMA includes almost all of the area between the ,t. Croix
and Mississippi Rivers which includes all of Washington and Ramsey Counties and a portion of Anoka
County. It should be noted that the area between the rivers that is part of Hennepin County and the
City of Minneapolis has been excluded from the proposed GWMA.
It is important to Washington County to closely follow the development of this GWMA. Groundwater
is the only source of drinking water in the county and is the sole source of water that is used for
residential, commercial and industrial development and irrigation. Groundwater also has a vital role in
supporting the county's ecosystems of lakes and trout streams that make Washington County a popular
place for various types of recreation.
Recent events,including the decline in water levels in some metro area lakes,have increased interest in
researching the current state of groundwater and the need to develop best management practices for
managing groundwater to ensure sustainability for ecosystems and human uses. These events prompted
the state to use its authority to develop a GWMA. As part of this process the DNR has convened a
North and East Metro GWMA Advisory Team to gain feedback and advice. Washington County is a
member of the advisory team and intends to closely monitor the development of the GWMA Plan. The
county is watchful of the DNR Commissioner's action related to its authority to set water appropriation
limits,as these decisions will impact the county's economic growth and development. The county also
recognizes the importance of properly managing groundwater to ensure there is sufficient clean water
for fixture generations. For Washington County it is vital that the GWMA process is transparent and
decisions are made in collaboration with all stakeholders.
Government Center - 14949 62nd Street North---Q_O. Box 6, Stillwater,Minnesota 55082-0006
Phone: 651-030-8655 • Fax: 651-430-6730 • TTY: 651-430-6246
www.m.washington.mn.us
Equal Employment Opportunity/Affirmative Action page 172 of 194
9
Washington County has some concerns and unanswered questions about the process.
These include:
Clarity on the roles and responsibilities of the North and East Metro GWMA Advisory Team
Need for adequate representation of cities on North and East Metro GWMA Advisory Team
Clarity on the involvement and authority of all state agencies that regulate groundwater in
some capacity
Explanation as to why the portion of the City of Minneapolis/Hennepin County that is eat of
the Mississippi river was not included in the planning area
Washington County has not yet taken a legislative position on the statutory authority given to the DNR
for groundwater management or on the Groundwater Management Area(GWMA)in the North and
East Metro. However,Washington County encourages all legislators that represent portions of
Washington County to monitor the DNWs activities to plan and manage our Groundwater.
Page 173 of 194
Report to the Minnesota State
Legislature: Additional Tools to
Implement Groundwater Sustainability
Requirements
Minnesota Department of Natural Resources
15 January 2014
1
Page 174 of 194
This report was prepared in response to Laws 2013,chapter 114,article 4:
sec. 102.GROUNDWATER SUSTAINABILITY RECOMMENDATIONS.
The commissioner of natural resources shall develop recommendations on additional tools needed to fully
implement the groundwater sustainability requirements of Minnesota Statutes, section 103G.287, subdivisions 3
and S.The recommendations shall be submitted to the chairs of the environment and natural resources policy and
finance committees by January 15, 2014, and shall Include draft legislative language to implement the
recommendations.
103G.287 GROUNDWATER APPROPRIATIONS.
subd.3.Protection of groundwater supplies.The commissioner may establish water appropriation limits to protect
groundwater resources. When establishing water appropriation limits to protect groundwater resources, the
commissioner must consider the sustainability of the groundwater resource, including the current and projected
water levels, water quality, whether the use protects ecosystems, and the ability of future generations to meet
their own needs.
subd. 5. Sustainability Standard. The commissioner may issue water use permits for appropriation from
groundwater only if the commissioner determines that the groundwater use is sustainable to supply the needs of
future generations and the proposed use will not harm ecosystems,degrade water,or reduce water levels beyond
the reach of public water supply and private domestic wells constructed according to Minnesota Rules, chapter
4725.
Twin Cities-(651)296-6157
Minnesota Toll Free:1-888-646-6367(or 888-MINNDNR)
Telecommunication Device for the Deaf:(TDD):(651)296-5484
TDD Toll Free.,1-800-657-3929
This information Is available In an alternate format on request.
Equal opportunity to participate in and benefit from programs of the Minnesota Department of
Natural Resources is available regardless of race,color,national origin,sex,sexual orientation,marital
status,status with regard to public assistance,age,or disability.Discrimination inquiries should be sent
to Minnesota DNR,500 Lafayette Road,St.Paul,MN 55155-4049;or the Equal Opportunity Office,
Department of the interior,Washington,DC 20240.
ts �MftllkttesqU
D epaitm ew of Natim E
500 Lafayette Road North
St. Paul,MN 55155
January 2014
Estimated cost of preparing this report(as required by Minn.Stat.4 3.197)was$24,700.
Page 175 of 194
E7` FCUTIVE SUMlk'IARY
This report was prepared in response to Laws 2013, chapter 114, article 4: section 102, which required
the Department of Natural Resources(DNR)to develop recommendations on additional tools needed to
fully implement the groundwater sustainability requirements of Minnesota Statutes, section 103G.287,
subdivisions 3 and 5.
Minnesota's statutes and rules have gradually changed over time in response to new information about
water resources,and as problems of overuse and contamination were identified. In 2010,the legislature
passed new sustainability provisions for groundwater and surface water appropriations and authority
for the DNR commissioner to establish groundwater management areas. In 2013,the legislature passed
provisions for preliminary well construction approva12 and the authority to require general permits for
small appropriations (those less than 10,000 gallons per day or 1,000,000 gallons per year) within
groundwater management areas.
The DNR has an important role in supporting sustainable groundwater use through its permit programs,
information collection and analysis activities, law enforcement responsibilities, education and technical
assistance. In 2013,the DNR identified seven core strategies to ensure groundwater resources are used
sustainably.The seven strategies include:
• Heightening the priority given to groundwater management;
• Improving information available for groundwater management decisions;
• Improving management of groundwater appropriation permits;
+ Improving compliance with groundwater appropriation regulations;
• Improving communication and education about groundwater resources;
• Effectively addressing groundwater management in areas of high use;and
+ Promoting the wise use of groundwater and implementation of water conservation practices.
The DNR has reviewed its statutory authority and responsibilities and has recommended statutory
changes that would further refine and strengthen the state's groundwater management policies. These
recommendations are grouped into four categories as follows:
1) IMPROVE THE INFORMATION AVAILABLE FOR GROUNDWATER MANAGEMENT
DECISIONS
+ Require tamper-proof flow meters for all permitted water users,provide DNR the
authority to investigate,monitor and review measuring devices and records,to assess
penalties for non-compliant reporting and to assess penalties for not paying fees.
1103G.287,subd.I(c)
103G.287,subd.4(b)
3
Page 176 of 194
2) IMPROVE COMPLIANCE WITH GRIf.?I..IINID IATIER APPROPRIATION REGULATIONS
o Provide DNR authority for administrative penalty orders as an option for addressing
water appropriation violations.
o Increase after-the-fact penalties for individuals who appropriate water without a
permit.
* Amend statutory authority to investigate water appropriation activities affecting waters
of the state conducted with or without a permit.
3) PROMOTE WISE USE OF GROUNDWATER AND WATER CONSERVATION
PRACTICES
• Provide DNR authority to waive fees for appropriating water from stormwater
management systems that meet certain criteria.
a Prohibit the issuance of appropriation permits for new open loop geothermal
groundwater systems.
Executive branch agencies should evaluate statutes and rules to support water reuse
and aquifer recharge.
4) IMPROVE MANAGEMENT OF APPROPRIATION PERMITS
The legislature should clarify protection goals regarding ground water quality.
4
Page 177 of 194
Irtrnriifirtinn
The DNR and other agencies in the executive branch have adopted a three-pronged approach to
sustainable water resource management.This approach involves mapping, monitoring and managing
adaptively over time.
A variety of recent reports described many of the challenges and difficulties of sustainable water
management,including:
r Managing for Water Sustainability: Report of the EQB Water Availability Project 2008;
Evaluation of Models and Tools for Assessing Groundwater Availability and Sustainability 2010;
• Long-Term Protection of the State's Surface Water and Groundwater Resources 2010;
• 2010 Minnesota Water Plan;and the
• Minnesota Water Sustainability Framework 2011.
In this report the DNR is recommending specific revisions to statutes to improve information on water
use,to improve compliance,to support conservation and wise use of water,and to improve
management of permits.The DNR is also recommending that the legislature clarify protection goals for
ground water quality.
Finally,the DNR intends to revisit statutes and rules periodically as new information is developed,as we
gain experience with groundwater management areas and through the application of new sustainability
provisions.
The following sections provide important background on investments in information as well as recent
statute changes that are stimulating continued improvement in the state's management of
groundwater.
The legislature has recently provided strong financial support to improve information collection and
distribution. Funding has accelerated mapping through the county geologic atlases,and expansion of
the DNR's water level monitoring network,improvements to the County Well Index program at the
Minnesota Department of Health(MDH)and other hydrogeological studies.These efforts have been
instrumental in gaining a better understanding of our groundwater systems. Increased funding is helping
the DNR improve an inadequate groundwater monitoring network by expanding the number of sites and
improving the quality of data and data management. The DNR works with the Minnesota Pollution
Control Agency(MPCA)and Minnesota Department of Agriculture(MDA)to effectively share monitoring
sites,resources,and data where appropriate.The agencies also collaborate on data management.
Continued investment in these foundational systems is necessary to support and inform sustainable
groundwater management decisions.
Over the past two years with funding from the Clean Water Fund,the DNR developed a new online
system,the Minnesota DNR Permitting and Reporting System(MPARS).This online system for water
appropriation, public waters work,and dam safety permitting and water use reporting significantly
improves communication with applicants and provides them with easy access to their permit files. It
5
Page 178 of 194
includes an interactive mapping tool and expedites notifications to other agencies and government units
about the opportunity to review a permit application.This new online permitting system will allow DNR
to link monitoring data from aquifers to resource protection thresholds and enable us to communicate
with water users about necessary adjustments in their water use.
Statutes
In 2010,the legislature passed new sustainability provisions for groundwater and surface water
appropriations3,and provided the DNR commissioner with authority to establish groundwater
management areas'. In 2013,the legislature passed provisions for preliminary well construction
approvals and the authority to require general permits for small appropriations(those less than 10,000
gallons per day or 1,000,000 gallons per year)within groundwater management areas.
The authority to adopt rules prescribing standards and criteria for issuing and denying permits for water
use permits is provided in 103G.315,subd. 15. In addition, Minnesota Statutes,section 103G.261 directs
the commissioner to adopt rules for allocation of waters based on priorities for the consumptive
appropriation and use of water as described.
3103G.287,subd.2,3 and 5
4 103G.287,subd.4
5103G.287,subd.1
6
Page 179 of 194
1. RECOMMENDATIONS TO IMPROVE THE INFORMATION AVAILABLE FOR
3ROUNDWATER MANAGEMENT DECISIONS
Minnesota's permitted water users move in excess of 475 billion gallons per year.Accurate pumping and
use data are necessary to determine whether the use is sustainable and meets statutory and rule
requirements.Accurate use information is also Important for investigations of well interference and
other conflicts.Currently there is no mechanism for DNR to verify the accuracy of reported volumes of
water used and there are no monetary penalties for non-compliant reporting.The following
recommendations will significantly improve the accuracy and timeliness of information needed to
effectively manage groundwater resources.
1A.Require tamper-proof flow meters for all permitted water users,provide DNR the authority to
investigate,monitor and review measuring devices and records,and to assess penalties for non-
compliant reporting.
0 Based on reported water use,about 28%of permittees use a flow metering device and
about 49%estimate their use based on time and pumping rate. The other 23%did not
indicate the method,estimated the amount,or used an alternative method.Given the large
volumes of water used and concerns about overuse, inaccurate information poses significant
challenges to sustainable water management.
a Timing devices or other methods do not consistently provide reliable and verifiable
measurement needed for managing water.The ability to verify reported water use is needed
to ensure accurate information.
o Flow meter technology has improved to deal with sand and other issues that historically
posed problems with wear and reliability.
C Tamper-proof flow meters are proven technologies that are required in other states with
similar water uses and applications.
• Flow meters can vary in cost between$1,000 and$5,000 depending on the size needed.
e Permit holders pay water use permitting fees based on how much they report using,which
provides a financial incentive to underreport.
o Our review of water use reports suggests that we are receiving some systematically
inaccurate information. For example, some permittees report exactly the same amount of
use for each month;some permittees report the same exact use each year.
c Each year 5-10%of the state's permit holders(i.e.,400-800 permits)do not report until two
or more months after the due date of February 15t".
o DNR sends notifications and calls permit holders to remind them to report their water use as
a condition of their permit,which requires a considerable amount of staff time and expense.
o Late reporting slows down analysis and permit reviews and pushes the timellnes into the
next growing season.
o The current penalty for late reporting is 2%of the fee per month.This adds$2.80 per month
to a typical$140 fee.
7
Page 180 of 194
Proposed Statutory Language
103G.281,subd. 1.Measuring and records required.
u The state,a political subdivision of the state, a person, partnership, public or private corporation, or
association may not appropriate or use waters of the state without measuring and [seeping a record of
the quantity of water used or appropriated as provided in section 103G.271 or 103G.275.
(b)The records required under this section must be available for inspection at reasonable times by the
commissioner and must be preserved and available for seven years.
103G.281, subd. 2. Measuring equipment required. By January 1, 2017 an Ar+ installation for
appropriating or using water that is conveyed through a pipe must be equipped with a tamper-proof
flow meter, as approved by the commissioner, to measure the quantity of water appropriated within
the degree of accuracy required by rule. Measuring devices are subject to inspection by the
commissioner. For other installations,the commissioner ea-n May determine other methods to be used
for measuring water quantity based on the quantity of water appropriated or used,the source of water,
the method of appropriating or using water,and any other facts supplied to the commissioner.
103G.281 subd.4. Penalties for non-compliant reporting_
(a) The commissioner may assess penalties for non-compliant reporting of water use information as
provided in this Section. The penalty shall be a 300 or 2% of the annual water use permit processing
fee,whichever is greater.
b A person with three or more non-compliant reporting incidents under this subdivision within a five-
year period shall have the applicable water appropriation permit terminated. After 365 days from date
of termination the applicant may avoly for reinstatement of the permit, subject to the permit
application fee.Termination under this subdivision is exempt from 103G.271 subd.3.
103G.271,subd.6(e) Failure to pay the fee is sufficient cause for revoking a permit.A penalty of 150
per month or two percent per month,whichever is higher,calculated from the original due date must be
imposed on the unpaid balance of fees remaining 30 days after the sending of a second notice of fees
due.A fee may not be imposed on an agency,as defined in section 16B.01 subdivision 2.or federal
governmental agency holding a water appropriation permit.
8
Page 181 of 194
2. RECOMMENDATIONS TO IMPROVE COMPLIANCE WITH GROUNDWATER
Compliance with the State's regulatory programs helps to ensure the best use of our water resources for
economic, environmental and social interests. Lack of compliance with water appropriation permit
requirements is relatively common, indicating that better compliance incentives may be needed. As
Minnesota experiences more situations of scarcity, well interferences and conflicts, the need to
investigate violations also increases.
Increased compliance provides:
a Equity and fairness among water users;
• The best information to be used to inform permit decisions;and
o Better protection for water quantity,quality and ecological benefits.
The previous section recommended increased penalties for non-compliant water use reporting and for
late payment of permit processing fees. While those proposed changes will lead to better and more
timely information on water use, the DNR also needs a more effective means to address egregious or
repeat violators of water laws. Under the existing penalty structure appropriating water without a
permit or in violation of an existing permit is a misdemeanor. Additionally, illegal water users can be
issued a"cease and desist order"and failure to comply with this order is also a misdemeanor6. However,
there is no civil process that can be used to encourage compliance as there is with public water permit
violations. Utilizing the traditional methods of enforcing water law violations, the DNR has little or no
leverage to encourage a determined law-breaker to desist from their illegal water use.
A recent example from 2013 illustrates this challenge. In one case,eight citations were issued for
pumping without a water appropriation permit.The party involved simply paid the citations and
continued to appropriate water illegally because the total cost was minimal($3,100) relative to the
financial benefit of using the water.Without a change to the current enforcement structure,we expect
this type of action will continue to occur and possibly increase due to the significant financial benefits
gained from water use.
When confronted by similar enforcement issues,other state agencies can use what has proven to be an
effective tool to persuade the most blatant violators to abate or remedy their illegal activities.The
Administrative Penalty Order(APO) has been successfully adopted and administered by the Minnesota
Department of Health and the Minnesota Pollution Control Agency to expedite their efforts to enforce
laws protecting our natural resources and public health.
e M.S. 103G.2372
9
Page 182 of 194
2A. Provide DNR authority for administrative penalty orders as an option for addressing water
appropriation violations.
o Under existing authorities'appropriating water without a permit or in violation of an
existing permit is a misdemeanor.
• Misdemeanors are prosecuted by the county attorney$with fines ranging from$50 to
$1,000. Time-consuming and thorough investigations often result in minimal fines,and
have not proven effective in achieving compliance.
Proposed Statutory Language
The DNR anticipates presenting a bill to the legislature for consideration in the 2014 legislative session.
7 M.S.103G.141
s M.S.103G.105
3.0
Page 183 of 194
2B.Increase after-the-fact permit penalties for individuals who appropriate water without a permit.
U Applications for an after-the-fact permit require the applicant to pay an application fee,and
the applicable water use permit processing fees for up to seven calendar years for each year
they appropriated.
Identifying and verifying non-compliance requires considerable time reviewing well
information,aerial photos, reviewing past DNR and MDH records,contacting the individual
involved (sometimes multiple times), preparing records of the activities,drafting
communications,coordinating with enforcement officers,creating invoices and following up
on payment of fees.
• In 2012 and 2013 DNR staff systematically reviewed wells,water appropriations and aerial
photos to identify non permitted appropriations.These efforts found that between 2%and
20%of agricultural irrigation systems in some parts of Minnesota were operating without a
permit.
o The amount of time spent identifying and verifying non-compliance far exceeds the fee,
therefore the costs are currently subsidized by other water users.
Proposed Statutory Language
103G.301,subd.2 Permit application and notification fees.
(d)A Renalty of 300 shall be assessed for each calendar year in which an unauthorized apnropriation
occurred,up to seven years A penalty may not be imposed on an agency.as defined in section 166.01,
subdivision Z or federal governmental agency holding a water appropriation ermit.This Penalty is in
addition to any other fee or penalty assessed.
2C.Amend statutory authority to investigate water appropriation activities affecting waters of the
state conducted with or without a permit.
Minnesota Statutes,section 103G.251 provides authority for investigating activities without
a permit. However,in some cases the landowner(s) have a permit, but may not be following
specific conditions of the permit.
Proposed Statutory Language
103G.251 INVESTIGATION OF ACTIVITIES AFFECTING WATERS OF THE STATE WITH OR WITHOUT
PERMIT.
subd. 1. Investigations. If the commissioner determines that an investigation is in the public interest,the
commissioner may investigate and monitor activities being conducted with or without a permit that may
affect waters of the state.
9103G.271 subd.6a
I1
Page 184 of 194
subd. 2. Findings and order. (a) With or without a public hearing, the commissioner may make findings
and issue orders related to activities being conducted with or without a permit that affect waters of the
state as otherwise authorized under this chapter.
12
Page 185 of 194
3. RECOMMENDATIONS TO PROMOTE WISE USE OF GROUNDWATER AND WATER
rnNgFRVAT?'ft1 nQarTirr4z
Some key strategies to reduce the use of groundwater are to find suitable alternatives that offset the
need for groundwater,or using water more efficiently,or use the same water for more than one
purpose.One potential alternative is to use stormwater runoff from impervious surfaces. The current
water appropriation permit fee structure does not distinguish among sources of water,which may serve
as a disincentive to using alternative sources. Municipalities and other water users have suggested that
it would make sense to waive or significantly reduce the fee for appropriating stormwater that is
captured and treated as part of the MPCA's permit program.
3A.Provide DNR authority to waive fees for stormwater management systems that meet certain
criteria.
4 As a water of the state,the use of stormwater runoff from impervious surfaces that is
collected and conveyed through a system requires an appropriation permit if the amount is
more than 10,000 gallons per day or 1 million gallons per year.
a Some businesses and municipalities are using stormwater to offset the need for pumping
groundwater.
Municipalities and other users have suggested that it would make sense to eliminate or
significantly reduce the fee for appropriating stormwater that is captured and treated as part
of the MPCA's permit program.
• Treated stormwater is part of the hydrologic cycle and may be an important source of water
for streams and wetlands;as such not all stormwater can be diverted without adverse
impacts.
Proposed Statutory Language
103G.271,subd.6.Water use permit processing fee.
(a) Except as described in paragraphs(b)to(f)and h a water use permit processing fee must be
prescribed by the commissioner in accordance with the schedule of fees in this subdivision for each
water use permit in force at any time during the year. Fees collected under this paragraph are credited
to the water management account in the natural resources fund.The schedule is as follows,with the
stated fee in each clause applied the total amount appropriated:
h The commissioner may waive the water use permit processing fee for installations that use
stormwater runoff from impervious surfaces.The commissioner shall consider the following criteria in
determining whether to waive the fee:the extent to which the proposed use directly offsets the use of
roundwater•the extent to which the use does not adversely Impact surface waters•the extent to which
the proposed use is consistent with other local watershed and water management Plans or permits;and
the extent to which the proposed use implements measures to minimize the volume of water used.
13
Page 186 of 194
3B.Prohibit the issuance of appropriation permits for new open loop geothermal groundwater
systems.
Open loop geothermal groundwater systems discharge groundwater after only a single pass
through the system and, in some cases,degrade surface water quality or wetlands at the
discharge point.
Open loop geothermal systems are promoted as green energy and are gaining popularity,
however we do not have reliable estimates of how many of these systems exist or the rate
of new installations.
Many of the systems designed for homeowners are using over a million gallons of
groundwater a year,which requires an appropriation permit.
Most of the systems owners are not aware they need a permit.And probably have not
factored in the annual cost of a permit,which is$420 per one million gallonslo
• Permits for new large-scale once-through systems using more than 5 million gallons per
year have been prohibited since 198911;all large scale(>5 MGY)systems were required to
be phased out by 2010.
• Closed loop systems are a viable alternative.The State can set clear expectations for
efficient use of water by prohibiting new open loop systems.
3C.Executive branch agencies should evaluate statutes and rules to support reuse and aquifer
recharge.
• There is an increasing interest and demand to implement water reuse strategies including
harvested rainwater(from roofs),storm water reuse,and reuse of gray water and reclaimed
municipal wastewater.
• The state needs to position itself to be able to respond as the demand for water reuse grows.
The need for agency coordination regarding these applications has been outlined in the
Minnesota Water Sustainability Framework and the Water Governance Evaluation project.
• Artificial aquifer recharge through direct injection of treated water is a practice used In other
parts of the country, particularly coastal areas and southwestern states.Direct injection of
treated water to the groundwater may be a viable way to maintain aquifer levels and recycle
water within a geographic area. Minnesota Rules, part 4725.2050,currently prohibits direct
injection.
• The inclusion of water reuse applications in national and local codes, stormwater management
guidance and wastewater grant programs is further evidence of the need for coordination.
1°M.S.103G.271 subd.6,item(11),part(b)
it M.S.103G.271 subd.5
14
Page 187 of 194
The Environmental Quality Board could be charged with leading an interagency workgroup on
water reuse to identify barriers to reuse,jurisdictional conflicts,analysis of statutes and rules
and development of recommendations to support reuse and aquifer recharge.
15
Page 188 of 194
4. RECOMMENDATIONS TO IMPROVE MANAGEMENT OF APPROPRIATION PERMITS
The DNR recommends that the legislature clarify protection goals regarding ground water quality.The
current statutory framework provides that:
* The Minnesota Department of Agriculture (MDA)is responsible for management of agricultural
chemicals and fertilizers,the Minnesota Pollution Control Agency(MPCA)is responsible for
designating use classifications and developing standards to protect uses12 and the DNR is
responsible for management of water use.
u Minnesota Rules Chapter 7050 and 7060 designates uses for water s of the state and includes
numeric and narrative criteria to protect those uses. In.accordance with chapter 7050,all
groundwater in Minnesota is designated as an actual or potential drinking water source(Class
1).
Minnesota Statutes,section 103H outlines a process for responding to non-point source
contamination for the commissioner of agriculture for agricultural chemicals and the
commissioner of the pollution control agency for all other contaminants. This process includes
the development and promotion of best management practices(BMPs)and, if the BMPs are
proven ineffective, potentially the adoption by rule of water resource protection requirements
that are consistent with the goal of section 103H.001 to prevent and minimize the pollution to
the extent practicable and to prevent the pollution from exceeding the health risk limits'3.
O Minnesota Statutes,section 103H.001 describes the degradation prevention goal of the state,
and recognizes that for some human activities this degradation prevention goal cannot be
practicably achieved;and M.S.,section 103H.005 subd. 6.Defines degradation as"means
changing groundwater from its natural condition by human activities".
The sustainability provisions in M.S.,section 103G.287,subd.3 and the sustainability standard in
M.S.,section 103G.287,subd.5 direct the commissioner of natural resources to issue permits
only if the commissioner determines that the groundwater use is sustainable to supply the
needs of future generations and the proposed use will not harm ecosystems,degrade water,or
reduce water levels beyond the reach of public water supply and domestic wells(emphasis
added).This language suggests that the DNR may not issue a water appropriation permit if it will
have any impact on water quality.
Minnesota Statutes,Chapter 103G does not include a definition of degrade.
These statutes and rule provisions have arisen overtime and often serve slightly different purposes.
They also are primarily reactionary tools, rather than preventive.further clarity and greater emphasis in
preventive approaches—such as a clear definition of"degrade" -would assist state agencies in their
efforts to protect groundwater quality and quantity.
12 M.5.115.44
13 M.S.103H.275
16
Page 189 of 194
THIS PAGE IS INTENTIONALLY LEFT BLANK
Page 190 of 194
Oak Park Heights
Request for Council Action
14
Meeting Date: Tuesda y March 25 2014
Agenda item : Public Works E ui ment Needs
Time Req. 5 Minutes
Agenda Placement:New Business
Originating Departmen*saffffseek lic Works And Kegley,Public Works Director
Requester's Signature Action Requested: Au solutions to future maintenance needs
Background/Justification(Please indicate any previous action has been taken or if other public
bodies have been advised).
Please see attached memo.
At this time I am not prepared to request approval for the purchase of any equipment,as research is not
complete;however I am seeking approval to earnestly entertain solutions to very real maintenance
concerns that will befall OPH in the near future.
Page 191 of 194
- - City of
Oak Park Heights
14168 Oak Park Blvd Me Box 2007.Oak Park Heights,MN 55082•Phone(651)439-4439•Fax 439-0574
Memorandum
To: Eric Johnson,Administrator
Cc: Mayor and Council
From Andrew Kegley, Public Works Director
Data 03/21/14
Re: Public Works Equipment Needs for Required Maintenance
This memo outlines three"equipment"matters the public works department has recently discussed and
is currently seeking solutions to. Discussion originated from difficulty in snow removal on the City's
current trail system after City pick-up trucks can no longer push snow due to snow pile accumulation on
the sides of trails. Also,the City will soon assume additional maintenance responsibilities of
approximately double the current trail mileage. This raises concerns that the City is not equipped to
uphold current maintenance levels;additional equipment will be necessary.As research and discussions
are in progress,staff is not prepared to make any formal recommendations for solutions to Council,but
I do wish to share with you some of the concerns being discussed. At this point I am seeking approval
to earnestly entertain solutions to future maintenance needs.
Kubota L5740 Tractor and Attachments
One of the biggest challenges of purchasing maintenance equipment is ensuring the right tool for the
right job is selected and the equipment cost remains within the apportioned budget. OPH public works
researched for over one year,different equipment to find the best"one size fits all"solution to the
expanding maintenance requirements of the City. The result was purchasing the current L5740 Kubota
with non-Kubota universal equipment because equipment sized for the L5740 was not available at the
time.
UItimately the existing combination of the L5740 Kubota with universal equipment solution is suitable
for current maintenance needs,but the universal equipment is far from ideal and is not user-friendly.
Notwithstanding, several repairs have been made to the Kubota to date,some legitimate defects or
errors,some due to the weight of the attachments hanging upwards of 10-20 feet from the tractor base.
Fortunately,the costs of most repairs have been covered under warranty. Over the long term the City
will ultimately see more frequent and more expensive repair bills with the universal equipment because
of weight.
TREE CITY U.S.A.
Page 192 of 194
In August 2013,Kubota released an attachment and equipment specifically designed for"L"series
tractors.This new equipment solves the"size"problem staff sought solutions for and ultimately tried to
solve with universal equipment for the L5740 Kubota. Staff is working with Kubota dealers to obtain
cost estimates assuming trade-in of the universal equipment for Kubota specific equipment. It is
estimated that equipment costs could be in the$30, 000-$50,000 range,but quotes have not been
returned so the estimate is preliminary.
In early February 2014,the public works staff had an opportunity to demo the Kubota L series specific
equipment in the field with an L series tractor very similar to the city's current tractor. The ease of use
and performance of the equipment was a significant improvement over that of the City's current
equipment.It is likely staff will request authorization to trade in the existing attachments and purchase
the attachments designed specifically for the L5740 tractor.
One Size Fits All Equipment Maintenance Requirements Increasing
Ultimately the public works department will need to purchase another off road/commercial grade piece
of equipment to keep up with future maintenance demands, stemming from doubling the departments
trail maintenance responsibilities.The one size fits all approach to purchasing one piece of equipment
to handle a multitude of different tasks is no longer in line with the demands of maintaining the
changing/growing City infrastructure and or maintenance requirements.
The one size fits all concerns were a significant factor when equipment needs were discussed before
purchasing the current Kubota.City staff needed a piece of equipment that was light duty enough to
perform well for rink clearing,yet heavy duty enough to handle snow removal on trails as well as
perform adequately for trail sweeping tasks,brush mowing, lifting heavy park equipment and deliveries
etc.
For snow removal on ice rinks,the most efficient method to remove snow is by plowing the rinks and
using the Kubota tractor to snow blow piles from the rink and over the boards. The Kubota is then used
to sweep the remaining compacted snow from the ice. With the purchase/exchange of attachments
designed for the L5740 Kubota that the City currently owns,there will be no need to make changes to
rink clearing operation.
When the City begins maintaining new trails built by MnDOT and Washington County, snow removal
with its current equipment will become more difficult. For removing snow on City trails nothing will
clear snow more efficiently than a truck with a plow,until snow build up is too great for the plow to
push the snow. Trucks get stuck,wasting valuable time and monetary resources to tow them,
notwithstanding the damage that occurs to the trucks due to the force required to thrust through the
heavy snow piles,just to prevent getting stuck. Ultimately,trucks will no longer push through or
remove snow on the trails without benching back piles along the sides of the trail system. The City
does not own equipment resilient enough to bench heavy snow piles back after a few 4-6 inch
snowfalls.
The City currently maintains approximately eight(8)miles of trail. The SCRC project and Washington
County projects will add an approximate five(5)to six(6)more miles,almost doubling the
maintenance responsibilities of the OPH public works department.Without question,trail snow
removal will not meet current standards without the addition of equipment to assist/fill the gap when
trucks can no longer plow through. Public works has started considering potential complications and
are seeking solutions for upcoming trail maintenance requirements. To date the discussion is open and
all options are being researched,but ultimately a request for an additional piece of equipment may be
the result of such discussions.The department would likely seek equipment better suited for heavy duty
2
n — �unwiwu�— ®uumwe
TREE CITY U.S.A.
Page 193 of 194
maintenance.Purchasing commercial/industrial grade equipment is expensive; but it is a necessary evil
in order to maintain public infrastructure. The cost of purchasing commercial grade equipment could
range from$80K to$200K.
Small Pick Vehicle Purchase
The council funded the purchase of a small P.W.vehicle purchase a while back;the allocated money
remains in the fund. The department will pursue a small used vehicle that will be used for light duty
work such as for site inspections,park attendant use for trail garbage removal,light brush removal,
transporting materials, supplies and tools from park to park and the like. A request will be presented to
Council when the proper legwork is complete.The budget to acquire a small truck, including necessary
accessories is$30,000,however it is expected that the actual cost will be less.
At this time I am not prepared to request approval for the purchase of any equipment,as
research is not complete; however I am seeking approval to earnestly entertain solutions to very
real maintenance concerns that will befall OPH in the near future.
3
TREE CITY U.S.A.
Page 194 of 194