HomeMy WebLinkAbout09-23-14 Council Packet CITY OF OAK PARK HEIGHTS
TUESDAY, SEPTEMBER 23, 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. H. Council/Staff Reports
A. Mayor McComber
B. Councilmember Dougherty
C. Councilmember Liljegren
D. Councilmember Runk
E. Councilmember Swenson
F. Staff
• Fall Clean-up: Saturday, October 4, 7:30 a.m.— 1:00 p.m.
• Recycling Award (1)
7:10 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).
7:15 p.m. IV. Consent Agenda(Roll Call Vote)
A. Approve 13ills &investments
B. Approve City Council Minutes—August 26,2014 (2)
C. Approve City Council Minutes—September 9,2014 (3)
D. Approve Boulevard Tree Removal at 14220 55th Street North(4)
E. Approve 2014-2015 Snow Plowing Agreement(5)
7:20 p.m. V. Public He `ng
A. Increase in Off-Sale Liquor License and Wine License Fees (6)
7:20 p.m. VI. Old Business
A. St. Croix River Crossing Project Update (no enclosure)
B. Street Reconstruction Project Update (no enclosure)
C. Community Award Committee(7)
7:40 p.m. VII. New Business
A. Schedule Public Comment/Hearing Meeting for Truth in Taxation(8)
B. Adopt Resolution Approving the 2015 Proposed Budget and Proposed Tax Levies
(4)
C. Pine Grove Gardens—Planned Unit Development—Amendment, Preliminary&
Final Plat and Conditional Use Permit (10)
D. Approve Developer's Agreement Palmer Station Development— 13 Single
Family Units (11)
E. BCWD—Norell Ave_. Pnt)d Proposal (12)
F, Party in the Park 2015 (13)
Page 1 of 120
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8:00 p.m.
8:05 p.m.
Page 2 of 120
i
Oak Park Heights
Request for Council Action 1
Meeting Date_ September 23, 2014
Agenda Item Recycling Award
Time Req. 0
Agenda Placement Staff Reports
Originating Departmnt/Requestor Administration/Jennifer Pinski
3 •
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 120
City of
Oak Park Hei hts
14168 Oak Park Blvd. N•Box 2007.Oak Park Heights,MN 55082.Phone(651)439A439.Fax(651)439-0574
September 18, 2014
Maurice McClurg
5922 Oxboro Avenue North
Oak Park Heights, MN 55082
Dear Maurice:
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, September 11, 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.
Co gratulati 1---
Je ' er Pinski
Deputy Clerk
TREE CITY U.S.A.
Page 4 of 120
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
September 18, 2014
Parker VanEaton
14775 Upper 56th Street North
Oak Park Heights, MN 55082
Dear Parker:
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, September 11, 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.
Congratulation ,
Jennifer Pinsk!
Deputy Clerk
TREE CITY U.S.A.
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Page 6 of 120
Oak Park Heights
Request for Council Action 2
Meeting Date September 23, 2014
Agenda Item_Approve City Council Minutes—August 26,2014
Time Req. 0
Agenda Placement Consent
Originating Department/Requestor Administration/Jennifer Pinski
Requester's Signa
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 120
CITY OF OAK PARK HEIGHTS
TUESDAY, AUGUST 26, 2014
CITY COUNCIL MEETING MINUTES
I. Call to OrderlPled a of AflegiancelAPIRroval of Agenda: Mayor McComber
called the meeting to order at 7:00 p.m. Present: Councihnembers Dougherty,
Liljegren, Swenson, and Runk. Staff present: City Attorney Vierling, Public
Works Director Kegley, and City Engineer Reifsteck. Absent: City Administrator
Johnson and City Planner Richards.
Councilmember Dougherty, seconded by Councilmember Swenson, moved to
approve the Agenda. Carried 5-0.
II. CouncWStaff Reports:
A. Ma or McComber: She reported she attended the August 26 summer
program at the park which was well attended. She thanked Summer Park
Program Coordinator Zeuli for her work.
McComber also reported that she attended the August 18 Tree City USA
tree planting; that the sign for Oak Park Crossing Park was ready to be
installed,that the Mayor's for Municipal Roles Strategic Planning meeting
was set for August 28; there was a street reconstruction neighborhood
meeting set for August 28 at 6:00 p.m. at Valley View Park; and Fall
Clean-up Day was set for October 4. She also reported that she saw a
thank-you in the paper to the Police Department for helping with a stolen
purse case.
Councilmember Swenson requested that staff send a letter to the officer
involved on behalf of the City Council thanking him or her.
B. Councilmember Dougherty: He reported the Middle St. Croix Watershed
Management Organization's open house was set for September 2 from
1:00—4:00 p.m. at the Bayport Library.
C. Councilmember Lil'e en:No report.
D. Councilmember Runk: No report.
E. Councilmember Swenson: He reported that the Cable Commission met the
previous Thursday. He also reported that he had heard a lot of complaints
about Q3 workers taking breaks on residents' yards and leaving open
holes for too long. City Engineer Reifsteck responded that he would
contact Q3. Councilmember Swenson requested he get a response and
forward that to the City Council.
F. Staff: Deputy Clerk Pinski reported that Party in the Park was set for
September 7. She also reported on the recycling award winners.
Page 8 of 120
City Council Meeting Minutes
August 26, 2014
Page 2 of 3
III. Visitors/Public Comment:
None
IV. Consent Agenda:
A. Approve Bills & Investments
B, Approve City Council Minutes—August 13,2014
C. Approve Boulevard Tree Removal at 14249 551' Street North
D. Approve Kennel Permit for Julie Praus of 14566 57a'Street North
, Reimburse$725.38 to Jennifer Bye—June 14, 2014 Storm Related
Damages
F. Approve Labor Contract Amendment#1 for Implementation of Health
Savings Account Proposal and Approve Separation from South Central
Services Cooperative
Councilmember Runk, 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. St. Croix River Crossing Project Update: Mayor McComber reported that
MNDOT had issued press releases, and residents can visit the St. Croix
Crossing website for updates. Councilmember Runk reported that
Oakgreen Avenue between 58h Street and Highway 36 was set to be
closed for approximately 25 days. Mayor McComber added that local
residents and businesses were contacted about the closure.
B. Street Reconstruction Project U date: City Engineer Reifsteck reported
that the contractor had completed the water main work in Area E and
would move onto storm sewer. He stated that after the utilities were
completed, they would bring in the subgrade. Reifsteck reported that the
subcontractor completion date for Area E was September 2 and he would
send a reminder letter.
VII. New Business:
A. 2014 Community Award Nominations: Deputy Clerk Pinski reported that
two nominations were received. Mayor McComber suggested making a
quarterly award. Councilmembers Dougherty and Liljegren stated they
liked it to remain as an annual award. Mayor McComber suggested an
award committee with Deputy Clerk Pinski, Mayor McComber,
Page 9 of 120
City Council Meeting Minutes
August 26, 2014
Page 3 of 3
Councilmember Swenson, and a resident. She suggested coming back at
the next meeting with thoughts on who should be on the committee.
Councilmember Runk, seconded by Councilmember Liljegren,moved to
approve the two nominees as the award winners. Carried 5-0.
B. RCM Pothole Hot Patching: Public Works Director Kegley requested
approval. Councilmember Swenson, seconded by Councilmember
Dougherty,moved to approve. Carried 5-0.
C. 55h Street Drainage Correction Project: Public Works Director Kegley
reported that he was seeking authorization for staff to issue an RFQ to
repair a perpetual drainage problem in front of 14250 55a` Street North,
and allow Stantec up to $1,000 to draft a plan for the project.
Councilmember Runk, seconded by Councilmember Swenson,moved to
approve the project as outlined by the Public Works Director with a total
project cost of$15,000. Carried 5-0.
D. Palmer Station Development—Engineering Services: City Engineer
Reifsteck requested approval of Task 1 as outlined in his proposal with an
hourly not to exceed $22,681. City Attorney Vierling stated they were
drafting an escrow agreement.
Councihnember Swenson, seconded by Councilmember Liljegren,moved
to authorize the development of the process according to the
recommendation by the engineer. Carried 5-0.
VIII. Other Council Items or Announcements
None
IX. Adjournment
Councihnember Swenson, seconded by Councilmember Liljegren,moved to
adjourn at 7:30 p.m. Carried 5-0.
Respectfully submitted, Approved as to Content and Form,
Jennifer Pinski Mary McComber
Deputy Clerk Mayor
Page 10 of 120
9
Wt.
Oak Park Heights
Request for Council Action 3
Meeting Date September 23, 2014
Agenda Item Approve City Council Minutes—S tember 4 2014
Time Req. 0
Agenda Placement Consent
Originating Department/Requestor A inistration/Jennifer Pmski
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 11 of 120
CITY OF OAK PARK HEIGHTS
TUESDAY, SEPTEMBER 9, 2014
CITY COUNCIL MEETING MINUTES
Y. Call to Order/Pledge of Allegiance/Approval of Agenda: Mayor McComber
called the meeting to order at 7:17 p.m. Present: Councilmembers Dougherty,
Liljegren, Swenson, and Runk. Staff present: City Administrator Johnson, City
Attorney Vierling, Public Works Director Kegley, Police Chief DeRosier, and
City Engineer Reifsteck. Absent: City Planner Richards.
Mayor McComber moved Item A under Closed Session to New Business as Item
D and added"Approve Resolution Authorizing Receipt of Donations for Party in
the Park" as New Business Item E.
Councilmember Swenson, seconded by Councilmember Liljegren,moved to
approve the Agenda as amended. Carried 5-0.
H. Council/Staff Re orts:
A. Mayor McComber: She reported that Party in the Park was held
September 7; the next Parks Commission meeting was set for September
15; there was a Mayor for a Day Contest through LMC and information
would be posted on the City's website; and Fall Clean-up was set for
October 4, 2014.
B. Councilmember Dougherty: He reported that the Middle St. Croix
Watershed Management Organization held its open house on September 2,
and the CVB was working on their budget and their next meeting was
September 24.
C. Councilmember LiljeQren: He reported that the next Planning Commission
meeting was set for September 11 with a Public Hearing on the Pine
Grove Gardens PUD/Preliminary and Final Plat Approval.
D. Councilmember Runk: No report.
E. Councilmember Swenson: He reported that the next Cable Commission
meeting was September 17.
F. Staff Public Works Director Kegley reported that a routine test of the
water system on August 25 detected bacteria on the east side of the City.
He stated that on August 29, the system was chlorinated and they stopped
the feed on September 7. He stated a follow-up test would be conducted
by the Department of Health on September 15.
Mayor McComber reported that she had been receiving calls from
residents that they were receiving a letter on pipe warranties from another
agency different than the one the City partnered with.
Page 12 of 120
City Council Meeting Minutes
September 9, 2014
Page 2 of 4
III. Visitors/Public Comment:
Mayor McComber presented the Community Award to Andersen Corporation and
noted that another award was given to Dick and Judy Tunender at Party in the
Park.
IV. Consent Agenda:
A. Approve Bills & Investments
B. Authorize Staff to Renew Safe Assure Contract 2014-2015
C. Approve 4ffi Payment Request for Hardrives, Inc.—Street Reconstruction
Councilmember Runk, seconded by Councilmember Dougherty,moved to
approve the Consent Agenda. Roll call vote taken. Carried 5-0.
V. Public Hearings:
None
VI. Old Business:
A. St. Croix River Crossing Project Update: Mayor McComber reported that
Oakgreen Avenue between 580' Street and Highway 36 would be closed
for 25 days and Lookout Trail would reopen on September 15.
B. Street Reconstruction Proiect Update: City Engineer Reifsteck reported
that New Look, the utility subcontractor, completed utilities in Area E and
would get the subgrade ready for curb and gutter early next week. He
stated that temporary water was set up in 61' Street Court so that will be
the area they will work on next. Reifsteck also reported that the contractor
felt confident that Area B curb and gutter would be complete by the end of
October, and they should have pavement in most areas by October 17.
C. Oren Ave—Water Main R lacement: City Administrator Johnson
reported that Stantec received two bids, and both were over$100,000.
City Attorney Vierling reported that staff felt that the quotes would come
in under$100,000. He stated that statute required a formal bidding
process for projects over$100,000,but the City could award any bid that
is 25 percent of the prime contract to the existing contractor, so the City
could award the bid to Hardrives that evening as a change order. He
stated another option would be to seek out two other bids under$100,000.
City Administrator Johnson added that the City Council could take action
to authorize staff to make the award so long as it met statutory
requirements.
Page 13 of 120
City Council Meeting Minutes
September 9, 2014
Page 3 of 4
Councilmember Swenson, seconded by Councilmember Dougherty,
moved to authorize staff to proceed with securing the contracts. Carried
5-0.
VII. New Business:
A. Consider A ointment of New Full-Time Police Officer: Police Chief
DeRosier outlined the hiring process and the hiring committee's
recommendation.
Councilmember Liljegren, seconded by Councilmember Swenson,moved
to appoint Jenna Hicks as the new full-time officer. Carried 5-0.
B. 2015—2019 City Wide Refuse and Recycling=RFP: City Administrator
Johnson reported that the City issued an RFP in June 2014 and received
two quotes.
Councilmember Runk, seconded by Councilmember Liljegren,moved to
authorize staff to engage in a final negotiation with Tennis Sanitation,
LLC to finalize the 2015—2019 Solid Waste and Recycling Collection
Contract and once completed authorize its final execution. Carried 5-0.
C. Consider Water Tower#2 Sprint Lease Amendment—Concept: City
Administrator Johnson reported that Sprint requested to install three
additional antennas on Water Tower#2.
Councilmember Swenson, seconded by Councilmember Dougherty,
moved to direct staff to authorize three additional antennas. Carried 5-0.
D. Labor Discussion—Related to Grievance Matter Step Process: City
Attorney Vierling reported that pursuant to the City's contracts with the
unions, certain individuals have to be designated during the various steps
of the grievance process. He stated that staff was requesting that under
Step 3 of the contract with the Law Enforcement Labor Services that the
City Administrator be designated by the City Council as the Step 3
representative to conduct those discussions.
Councilmember Swenson, seconded by Councilmember Liljegren, moved
to authorize the City Administrator to step into that position. Carried 5-0.
E. A rove Resolution Authorizing Receipt of Donations for Pgty in the
Park: Councilmember Runk, seconded by Councilmember Liljegren,
moved to approve the Resolution. Roll call vote taken. Carried 5-.0
VIII. Other Council Items or Announcements
None
Page 14 of 120
City Council Meeting Minutes
September 9, 2014
Page 4 of 4
IX. Closed Session
A. MOVED TO NEW B USINESS AS.ITEMD
B. CiIY Administrator Annual Review: City Attorney Vierling reported that
the City Council would go into closed session pursuant to Minnesota
Statute 13.D. to conclude the annual review of the City Administrator and
would announce any action in open session. He reported that pursuant to
statute, the closed session would be recorded, and the recording would be
maintained for two years.
Councilmember Swenson., seconded by Councilmember Liljegren,moved
to close the meeting. Carried 5-0.
Mayor McComber reopened the meeting. City Attorney Vierling reported
that the survey results were positive. No action was taken.
X. Adiournment
Councilmember Swenson, seconded by Councilmember Liljegren,moved to
adjourn at 8:13 p.m. Carried.5-0.
Respectfully submitted, Approved as to Content and Form,
Jennifer Pinski Mary McComber
Deputy Clerk Mayor
Page 15 of 120
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Page 16 of 120
r
�.N
Oak Park Heights 4
Request for Council Action
Meeting Date September 23, 2014
Agenda Item Approve Boulevard Tree Removal at 14220 5511 Street North
Time Req. 0
Agenda Placement Consent
Originating Department/Requestor .Arborist Kathy Widin
Requester's Signature
Action Requested Approve
Background/Justification(Please indicate any previous action has been taken or if other public
bodies have been advised).
Attached are two images re: surface roots from boulevard trees at 14220 55th St. Mr. Whalen,
the property owner,has requested removal of three boulevard trees on the frontage at his home.
All three trees have large surface roots which are interfering with lawn mowing. The tree on the
west side of the driveway also appears to have roots which are resulting in driveway cracking.
The maple on the east side of the driveway is in decline from a stem girdling root and the other
boulevard tree on the east side is an ash. I recommend that all three trees be removed. There
would be room to plant 1 new tree on the east side of the driveway. The property owner is aware
that there is a$100 co-pay per tree if the removals are approved by the City Council. Since the
3rd tree is an ash, and the City is still doing some ash removal and re-planting with other tree
species as part of emerald ash borer management, I recommend that the$100 co-pay be waived
for removal of that tree.
Page 17 of 120
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City of Oak Park Heights
Attention:Arborist
This is a formal request to have three(3)trees removed from our property at 14220 55th Street,
Oak Park Heights, MN 55082. The two of the trees adjacent to our driveway have numerous damaging
roots to our driveway,the third tree which is on the eastern edge of the property has exposed roots as
do the other trees which create a hard time to mow the yard. it is being requested that all three of the
trees be removed.
Thank you,
Donald Whalen
Page 19 of 120
CITY OF
OAK PARK HEIGHTS
7,� 14168 North 57th Street P.O.Box 2007•Oak Park Heig Phoric-(651)439-4439 • Fax 439-0574
- gbrs,MN 55082
Municipal Arborist-Katharine Widin
Recommendations - City Tree Program
Date:
Name: 3. x-sk jr( -fo-%�r
Address- -s5rr,- S f
"140..4 ==X1
--�-/-- Boulevard Tree Tree in Yard h.o 4,4-6#,Ll *.v
Problem: v v. 0-"t-L" .5; t Z, -j
Recommendati s:
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WHEN USING PESTICIDES,OBSERVE PROPER SAFETY PRECAUTIONS AND
ALWAYS FOLLOW LABEL DIRECTIONS. E
Tree City U.S.A.
Page 20 of 120
Oak Park Heights
Request for Council Action 5
Meeting Date: September 23'x,2014 _
Time Required: 1 minute
Agenda Item Title: Approve 2014-2015 Snow Plowing Agreement
Agenda Placement: Consent A end
Originating Department/Req or C i Administrator
Requester's Signature riK-
Action Requested A 414-2015 Snow RIpwipg A ement
Bac und/Justificati lease indicate if any previous action has been taken or if other Ilublic
bodies have advised):
Please see the attached memo from Andy Kegley, DPW.
Requested Action:
Upon final review by the City Attorney and the City Administrator,-authorize the City
Administrator and the Mayor to finalize and execute the 2014-2015 Agreement for Roadway
Snow Removal and Sanding with Raleigh Trucking.
Page 21 of 120
City of
Oak Park Heights
-------------------------------—----- -----------------
14168 Oak Park Blvd N.•Box 2007 a Oak Park Heights,MN 55082•Phone(651)4394439•Fax 439-0574
Memorandum
To: Eric Johnson,Administrator
Cc: Mayor and Council
From Andrew Kegley, Public Works Director
Date: 09/17/14
Re: 2014-2015 Snowplowing Contract
Raleigh Trucldng has requested a 3.5%increase in all fees,materials and supplies for the
2014-2015 winter season. The impact of the requested increase is shown on the attached
exhibit. Generally terms remain the same,but a provision was added that the City reserves the
right to change or amend the plowing or sanding policies with no penalty or additional cost.
Requested Action:
Upon final review by the City Attorney and City Administrator, authorize the execution
of the 2014-2015 Agreement For Roadway Snow Removal and Sanding with Raleigh
Trucking.
TREE CITY U.S.A.
Page 22 of 120
CITY OF OAK PARK HEIGHTS
AGREEMENT FOR ROADWAY SNOW REMOVAL AND SANDING
Snowplowing Season: Approx.October 2014 through April 2015
1. PURPOSEIINTENT
A. Roadway Sanding and Sno lowing
The purpose of this agreement provides the City of Oak Park Heights(hereinafter City)and M.J.
Raleigh Trucking,Inc.(hereinafter called Contractor)with a mutually acceptable agreement to
provide planned and emergency scheduled roadway sanding and snowplowing operations on local
City streets and roadways within the City of Oak Park Heights,Minnesota
B. Routes
"A"Priority Routes identify high priority roads and slopes of concern"13"Priority Routes;"B"
identifies all other streets and areas.All routes become the Contractor's responsibility for sanding
and snowplowing operations under the terms and conditions of this agreement.(Routes are
depicted in"Exhibit A"as attached. "A"and"B"routes are provided only as a reference to the
location and approximate scope of the services required under this agreement.)
The City reserves the right to expand,decrease or modify the designated routes without prior
written notice to the Contractor and without affecting any condition or provision contained within
this agreement,including rates or compensation.Additional services shall be based on established
rates.
C. Administration
This agreement shall be entered into with the City of Oak Park Heights,administered by the
Public Works Director and under the direct operational supervision of the Public Works Director
or his assigns.
D. Roadway Sanding and SnMlowing Policies
(1)The City's policy requires the sanding of all local streets,roads and cul-de-sacs whenever
weather conditions make driving conditions hazardous. Sanding will be required during storms to
maintain passable roadways and safe intersections.Following winter storms sanding operations
will be coordinated with snowplowing operations.
(2)The Citys snow removal policy requires the removal of snow from face of curb(F-F)of ALL
local streets,roads and cul-de-sacs after the accumulation of two(2)or more inches of snow.All
Routes are to be completed within approximately 8 hours of notification. "A"routes are always a
priority and also shall be completed by 6:00 a.m.following an overnight storm.Per City
Ordinance,no parking is allowed on public streets between 1:00 am.and 6:00 a.m.
(3)Cul-de-sac snow removal will be by"wasting"to all properties within the cul-de-sac and
leading to the cul-de-sac. Stock piling for later removal will only be performed under the direction
of the City,when snowfall conditions are extreme.
Page 1 of 13 20142015 Snowplowing Contract
Page 23 of 120
(4)Sanding operations shall normally utilize a minimum of 15%salt/sand mixture.
(5)The City reserves the right and may at no penalty or additional cost,amend the City's
snowplowing and/or sanding policies that may result in reduced or increased time and/or
materials required by the Contractor.Hourly rates and materials cost would remain in effect.
E� Scope of Operations
The Contractor shall provide a minimum of one(I)piece of equipment to perform the entire
sanding operation.Minimum equipment required is a single axle dump truck with a 5 yard
capacity sand spreader.Additional pieces of appropriate equipment may be used by the
Contractor for any or all sanding operations with prior written approval of the City.
The must Contractor provide a minimum of two(2)pieces of equipment to perform the entire
snow removal operation.Wheel loader type equipment is preferred for"wasting"snow on cul-de-
sacs.Additional pieces of equipment appropriate for each Route shall be used by the Contractor
for any or all snow removal operations with prior written approval of the City.
In all cases the Contractor shall provide adequate equipment to meet the specific scope and
parameters as stated in this agreement including completing full snow removal within the 8-hour
requirement.
2. LENGTH OF AGREEMENT
A. This agreement shall be a singular annual agreement limited to the snow removal season
commencing October 2014 through April 2015 inclusive.The Contractor shall be prepared for
snow events during these months.
B. This agreement may be terminated for good cause,including failure to perform in accordance
with paragraphs agreement,by the City during the agreement period,subject to written notice
being delivered by registered mail sent to the Contractor at the address referenced on the Proposal
form.
C. The City does not guarantee a minimum number of work hours for any sanding or plowing
operation or duration of the agreement.
3. EQUIPMENT
A. Dump Truck
Trucks shall be a minimum single-axle,dual rear wheel drive,26,000 G.V.W.vehicle equipped
with a minimum 5 yard capacity sander and a front-end plow with a minimum length of 10.0'.If
the optional wing plow is used,it shall have a combined moldboard width of 18.0'.
Page 2 of 13 2014-2015 Snowplowing Contract
Page 24 of 120
B. Wheel Loader
Wheel loaders shall be a rubber tired,articulated type having all-wheel drive and powered by an
engine with a manufacturer's rating of at least 95 brake horsepower.It shall be equipped with a
front bucket with a minimum of 2.5 cubic yards or a plow with a minimum width of 10.0 feet.An
optional wing plow shall be equipped with"floating"down pressure.
C. Motor Grader
Motor graders shall be an articulated type with a minimum 4-wheel drive powered by an engine
with a minimum manufacturer's rating of at least 125 horsepower.It shall be hydraulically
Qperated with a moldboard of 14.0'in length_.If used in co-ruonction with the optional wing plow,
it shall have a combined minimum width of 21.0'.
D. Accessories&SgfM Equipment
All vehicles shall be properly equipped and outfitted to meet all local,county,state or federal
laws required for on-the-road emergency snow removal operations.They shall provide the
operator with full visibility in all directions and shall have a back-up warning system. The
operator's cab shall be fully enclosed and property equipped with all equipment necessary to allow
the efficient and safe operation of that vehicle.The City reserves the right to reject at any time,
without notice to the Contractor,any vehicle that does not appear to comply with all rules or
regulations required for over-the-road snow removal operations.Rejection of vehicle acceptability
will also take into consideration the condition and limitations of operation of the vehicle or its
accessory equipment.
E. Vehicle Desi;enotion/Replacements
Upon request,the Contractor shall provide to the City a copy of their certificate of title which
includes the vehicle identification number(if available)and license plate number to the City
within ten days of the request.After inspection by the City,those vehicles acceptable for
performance under this contract will be verified by the City.Except for emergencies,any planned
substitution or replacement of previously approved equipment shall require prior written approval
by the City.
4. OPERATION&119f 40TENANCE
A. rator
The Contractor shall ensure that the operator provided with each piece of equipment is fully
trained and properly licensed with the State of Minnesota to operate the bid vehicle or any
anticipated replacement.The Contractor shall make every effort possible to ensure that the same
operators perform the sanding and plowing operations during the length of the agreement.
B. Parts&Fuel
The hourly rates contained herein shall cover all costs,all operation and maintenance expenses
including but not limited to fuel,lubricants,supplies and support services,taxes,surcharges,etc.
It shall also include depreciation on the vehicle and related equipment including the repair,
maintenance and replacement of all materials and supplies including cutting edges and tine chain
Page 3 of 13 20142015 Snowplowing Contract
Page 25 of 120
cross links.It shall also include all labor,tools and equipment necessary for making any and all
repairs or replacements which may be necessary to keep and maintain the machine and all parts
thereof in proper and safe working order and serviceable repair.
C. Storage
The Contractor shall assume all responsibility and costs associated with maintaining proper and
necessary protection/shelter/storage for both the vehicle and operator.
5. HOURLY RATES
A. OD raters
All hourly rates quoted shall include full operation by a qualified operator,
B. Qpqati des
All rates quoted shall be on an hourly basis and shall be rounded to the nearest 0.25(queer)
hour.
C. Premium/Overtime
No premium calculation or additional adjustment shall be given to the rates quotes for any hours
worked regardless of day,date,time of day or consecutive hours worked in any given sanding
operation or calendar week unless specifically provided for in the agreement under Section 7C.
D. Nonnroductive/Downtime
The hourly rate shall be paid for the actual number of hours the machine is operated under the
direction of the City.The City shall not be responsible for payment for any time taken for rest or
meal breaks.However,the City will recognize payment for routine maintenance and emergency
repairs or adjustments necessary to keep the machine properly operating.However,limited
accumulated delay time for which payment will be made shall not exceed ten(10.0)percent of the
actual working time required for any single snow event.This allowance shall be provided for only
those pieces of equipment previously approved by the City for required sanding and snowplowing
operations under this agreement.
6. PERFORMANCE REQUIREMENTS
A. Personnel
The Contractor shall provide the City with the name,address and active cellular telephone
number(s)for at least two designated contact personnel responsible for insuring response to the
City's request for services. The Contractor shall ensure that at least one of the contact persons is
available and accessible 24 hours per day,seven days per week.
B. Response Time
The Contractor shall be able to respond and begin sanding operations within one(1)hour and no
later than three(3)hours from the start time requested by the City for any given sanding or
plowing request.
Page Q of 13 20142015 Snowplowing Contract
Page 26 of 120
The Contractor shall be able to respond and begin snow removal operations within two(2)hours
and no later than four(4)hours from the start time requested by the City for any given snow
removal request.The Contractor shall ensure that the equipment and operator are ready and able
to continuously provide snow removal services through the completion of the routes designated in
the attached exhibits as directed by and to the satisfaction of the City.
In all cases,the Contractor shall ensure that the equipment and operator are ready and able to
continuously provide services through the completion of the routes designated in the attached
exhibits and as directed by and to the satisfaction of the City.The Contractor shall not allow any
given operator to work more than 16 consecutive hours without an eight hour break.The
contractor is responsible for providing replacement personnel if operations require more than 16
consecutive hours of operation.The 16 consecutive hours shall include all operations by the
equipment operator,whenever under the City contract,operations under other contracts held by
the Contractor,or by other employees of the operator.
C. Doom Time
The Contractor shall ensure that all equipment provided is maintained in a proper manner and
condition to minimize required maintenance or emergency repairs during the performance of
sanding operations.If,once commencing a sanding operation,a piece of equipment becomes
disabled and non-functioning for a period of three(3)consecutive hours,the Contractor shall
provide a satisfactory replacement vehicle and operator if necessary at no additional cost to the
City.The Contractor shall immediately notify the City if it cannot meet the requirements of this
agreement due to disabled equipment or for any other reason.
D. Communications
The Contractor will maintain communications with the City through cellular phones at no cost to
the City.The Contractor shall ensure that the operator maintains full availability for
communication at all times during the operations.The Contract will maintain continuous
communications with their operators such that directions from the City can be passed to the
operators in a timely fashion.
Authority/Direction
The Contractor and his designated operators shall respond to all directions given by the City in a
positive,courteous and timely manner during the sanding and snow removal operations.The City
reserves the right to reject any piece of equipment or operator from continued or further
engagement of services due to incompetence or insubordination or inability of the piece of
equipment to function properly for the requested services. The Contractor shall begin the sanding
and snow removal operations at a designated point and follow a specific progression as direction
by the City.
Page 5 of 13 20142015 Snowplowing Contract
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F Law Obedience
The Contractor and his designated operator shall be responsible for their actions and compliance
with all regulatory laws and ordinances governing the operation of the machine while performing
sanding operations for the City.
G. Performance Bond or Cash Deposit
The Contractor shall provide and maintain a performance bond or cash deposit in a manner
acceptable to the City in the amount of$5,000 for the duration of this agreement.The City shall
not file against or use this performance bond or cash deposit for any issue or matter not relating to
nonperformance or noncompliance with this agreement.
H. Non Performance
The Contractor shall waive any and all objections,rights to objections and claims for additional
compensation,damages or loss of revenue resulting from work performed by the City either prior
to,during or after any scheduled or emergency operation in lieu of these contractual services as
may be necessary due to non performance or excessive delays of the Contractor.
1. Property Damage
The Contractor shall be responsible for any and all damages to private as well as public property
(including public utilities)due to its own or its employee's negligence in performing of this
contract operations.
7. COMPENSATION
A. Payment Schedule
All pay requests must be prepared and submitted by the Contractor as verified and approved by
the Public Works Director.All pay requests so received and approved by the Public Works
Director shall be processed and payment made by the City not less than 15 nor more than 30 days
after receipt.
B. Down Time
No payment shall be made for any nonproductive or down time exceeding 10%of any singular
operation.Compensable time shall include all time spent performing the sanding and snow
removal operations subject to the exclusions identified herein and shall include travel time to and
from the Contractor's base of operations or City limits,whichever is the shorter distance.
C. Penalties and Bonuses
A premium adjustment of$10.00 per hour per piece of equipment will be made for each hour
worked between the hours of 12:00 am.to 12 midnight on Sundays and the holidays of
Thanksgiving,Christmas,and New Years Day.
Page 6&11 20142015 Snowplowing Contract
Page 28 of 120
S. INSURANCE/LIAB)ELITYICLAIMS
A. Indemnification
The Contractor indemnifies,saves and holds harmless the City and all of its agents and employees
of and from any and all claims,demands,actions or causes of action of whatsoever nature or
character arising out of or by reason of the Contractor's performance under this agreement.It is
hereby understood and agreed that any and all employees of the Contractor and all other persons
employed by the Contractor in the performance of services under this agreement,required or
provided for hereunder by the Contractor shall not be considered employees of the City and that
any and all claims that may or might arise under the Workers Compensation Act of the State of
Minnesota on behalf of said employees while so engaged in any and all claims made by any third
parties as a consequence of any act or omission on the part of said Contractor's employees while
so engaged in the performance of these services,to be rendered herein by the Contractor shall,in
no way,be the obligation or responsibility of the City.
B. Insurance
The Contractor shall,at his sole cost and expense,carry and maintain general and public liability
and property damage insurance coverage of$600,000 for any one accident and$1,000,000
aggregate protecting the Contractor,his employees and the City against any and all claims of any
kind or character whatsoever arising from damage,injury(including bodily injury or death)
caused by or arising from the operation and use of the machine at the request of the City. Such
insurance shall be in full force and effect during the time that the machine is operated at the
request of the City. Such insurance policy shall provide for a minimum of 30 days written notice
to the City Clerk of cancellation,non-renewal or material change of the required insurance
coverage.The requirement and approval of this insurance by the City shall not in any way relieve
or decrease the liability of the Contractor.It is expressly understood that the City does not in any
way represent that the specified limits of liability or coverage or policy forms are sufficient or
adequate to protect the interest or liabilities of the Contractor.Copies of the insurance certificates
shall he filed with the City on execution of this agreement.
C. Legal Compliance
The Contractor agrees to comply with all State and Federal laws and local ordinances governing
the employment of personnel including,but not limited to,Minnesota Statute Section 181.59
relating to discrimination in employment,and Section 290.07 requiring the certification of income
tax withholding.
D. Claims
The Contractor agrees to process and resolve all claims submitted by affected property owners of
the City of Oak Park Heights in a timely manner.
9. AGREEMENT APPROVAL CONSIDERATIONS
A. Selection
The City reserves the right to retain the services of the Contractor who,in the opinion of the City,
can best provide the services requested under this agreement.Consideration shall be given to
Page 7 of 13 20142015 Snn+M1Cnlgwing contract
Page 29 of 120
hourly rates,availability and condition of equipment,competency of operators,previous
experience,response time and specific pieces of equipment so quoted.
B. Combination of Quotations
The City reserves the right to select any combination of equipment quoted for services requested
in entering into this agreement.Only one hourly rate will be considered for each machine,but
consideration will be given to any other rate or combination of rakes not called for in this proposal
if it is in the best interest of the City.
10. PROPOSED RATES
The"Schedule of Prices",attached as Exhibit B for each machine the Contractor proposes to
furnish and such quotation shall be an hourly rate and it shall constitute a formal agreement
between the Contractor and the City with no further revisions,addenda or exceptions
acknowledged unless previously noted in writing and agreed upon.All required performance
bonds,insurance certificates and additional requested information shall be submitted in a form
acceptable to the City prior to the execution of the agreement by the City.
11. ADOPTED BY REFERENCE OF PROPOSAL
The attached proposal of"schedule of prices"and description are adopted by reference as part of
this agreement.
12. RECORD DISCLOSURE/MONTTORING PROCEDURES
Pursuant to Minnesota Statues § 1613.06,Subd.4(1990),the books,records,documents and
accounting procedures and practices of the Contractor relevant to the Contract are subject to
examination by the contracting agency and either the Legislative Auditor or the State Auditor as
appropriate.Contractor agrees to maintain these records for a period of three(3)years'from the
date of the termination of this Agreement.
13. EQUAL EMPLOYMENT OPPORTUNITY-CIVIL RIGHTS
A. During the performance of this Agreement,the Contractor agrees to the following:No person
shall,on the grounds of race,color,religion,age,sex,disability,marital status,public assistance
status,creed,or nation of origin,be excluded from full employment rights in,participation in,be
denied the benefits of or be otherwise subjected to discrimination under any and all applicable
federal and state laws against discrimination including but not limited to the Civil Rights Acts of
1964.Upon request the Contractor will furnish the City all reports required by the Secretary of
Labor,the Minnesota Department of Human Services for the purposes of investigation to
ascertain compliance with such rules,regulations and orders.The provisions of Minnesota
Statutes§ 181.59,(or subsequent amendments)regarding non-discrimination and violations
related there from are incorporated in this paragraph by reference as an obligation of the
Contractor.
B. If during the term of this contract or any extension thereof,it is discovered that the Contractor is
not in compliance with the applicable statues and regulations or if the Contractor engages in any
Page 8 of 13 2014-2015 Snowplowing Contract
Page 30 of 120
discriminatory practices,then the City may cancel this agreement as provided by the cancellation
clause.
IN WITNESS WHEROF,the parties have set forth their hands and seals this day of ,2014.
CONTRACTOR—M.J.RALEIGH TRUCKING,Inc.
By:
Mr.Mike Raleigh
Notary for Contractor's Signature:
CITY OF OAK PARK HEIGHTS
By:
Mary McComber-Mayor Date
By:
Eric Johnson—City Administrator Date
Notary for City:
Page 9 of 13 2014-2015 Snowplowing Contract
Page 31 of 120
Exhibit A -- Snowplowing Routes "A" & "B"
Page 10 of 13 20142015 Snowplowing Contract
Page 32 of 120
NOTE: Final Agreement would delete the
south frontage road,west of Osgood Ave.
(awaiting new maps)
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Page 33 of 120
Exhibit B — Schedule of Fees
Page 12 of 13 20142015 Snowplowing Contract
Page 34 of 120
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Page 13 of 13 20142015 Snowplowing Contract
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Page 36 of 120
�h .
Oak Park Heights 6
Request for Council Action
Meeting Date September 23,2014
Agenda Item Increase in On-Sale Liquor License and Wine License Fees
Time Req. D_
Agenda Placement Public Hearing
Originating Department/Requestor A stration/Jennifer Pinsld
Requester's Signature
W
Action Requested Approve
Background/Justification(Please indicate any previous action has been taken or if other public
bodies have been advised).
City policy is to review and consider annual license fees for all licenses issued by the City every
other year to reflect the 2-year IPD (Implicit Price Deflator). The last increase in fee was
January 1,2013. Other considerations for increasing fees are the increased cost of administration
and enforcement of the licensing requirements.
The State of Minnesota regulates the fees for off-sale intoxicating liquor licenses and Sunday on-
sale licenses.
A Notice of Public Hearing was published and mailed to all affected license holders informing
them of the Public Hearing to increase fees for on-sale intoxicating liauor licenses and wine
licenses.
I recommend increasing the following fees to reflect the 2-year Implicit Price Deflator:
On-Sale intoxicating liquor license fee from $3,330 to $3,392 per year
Wine license fee from$685 to $698 per year
Page 37 of 120
NOTICE OF PUBLIC HEARING
ON INCREASE IN ON-SALE INTOXICATING LIQUOR LICENSE FEES, ON-SALE
NON- INTOXICATING LIQUOR LICENSE FEES, OFF-SALE NON-INTOXICATING
LIQUOR LICENSE FEES,AND WINE LICENSE FEES
CITY OF OAK PARK HEIGHTS
WASHINGTON COUNTY,MINNESOTA
NOTICE IS HEREBY GIVEN that the City Council of the City of Oak Park Heights,
Washington County, Minnesota shall hold a public hearing to consider increasing fees for
on-sale intoxicating liquor licenses and wine licenses effective January 1, 2015.
The liquor license fees proposed will reflect the 2-year Implicit Price Deflator of 1.855%;
proposed increase:
On-sale intoxicating liquor license fee from$3,330 to $3,392
Wine license from$685 to $698
The public hearing shall be held on Tuesday, September 23,2014 at 7:00 o'clock p.m. at
the City Hall, 14168 Oak Park Blvd. N., Oak Park Heights, Minnesota 55082.
Dated this 22nd day of July, 2014
BY ORDER OF THE CITY COUNCIL
Jennifer Pinski,Deputy City Clerk
Page 38 of 120
RESOLUTION 14-0942
CITY OF OAK PARK HEIGHTS
WASHINGTON COUNTY, MINNESOTA
RESOLUTION OF THE CITY COUNCIL FOR THE
CITY OF OAK PARK HEIGHTS ESTABLISHING
LIQUOR LICENSE FEES
WHEREAS,the ordinances of the City of Oak Park Heights reserve the authority
to establish license fees to the City Council from time to time; and
WHEREAS, the City has not experienced a license fee adjustment for on-sale
intoxicating and on-sale and off-sale non-intoxicating liquor sales since 2013; and
WHEREAS, the City staff has reviewed neighboring communities as it affects
fees for licenses charged therein and reviewed administration and enforcement costs.
NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL FOR
THE CITY OF OAK PARK HEIGHTS AS FOLLOWS:
1. That on-sale intoxicating liquor license fees shall be established as of January
1, 2015 in the amount of$3,392.
2. That wine license fees shall be established as of January 1, 2015 in the amount
of$698.
Passed by the City Council of Oak Park Heights this 23'd day of September,2014.
Mary McComber
ATTEST: Mayor
Eric A. Johnson
City Administrator
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Page 40 of 120
City of
rk Heights
Oak P .
14168 Oak Park Blvd. N•bbx 2007 Oak Park Heights,MN 55082•Phone(651)4394439•Fax(651)439-0574
Meeting Date September 23,2014
Agenda Item Community Award Committee
Time Req.5
Agenda Placement Old Business
Originating Department/Requestor Administration/Jennifer Pinski
Requester's Signature
Action Requested Discussion and possible committee appointment
Background/Justification(Please indicate any previous action has been taken or if other public
bodies have been advised).
At your August 26, 2014 City Council meeting, Mayor McComber suggested appointing a
committee for community award nomination recommendations.
Excerpt from August 26, 2014 City Council Minutes:
Mayor McComber suggested an award committee with Deputy Clerk Pinski,Mayor McComber,
Councilmember Swenson,and a resident. She suggested coming back at the next meeting with thoughts on
who should be on the committee.
TREE CITY U.S.A.
Page 41 of 120
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Page 42 of 120
Oak Park Heights
Request for Council Action $
Meeting Date September 23. 20iiA
Agenda Item Title Schedule Public CommentlHearing meeting for Truth in Taxation
Time Required 5 Minutes
Agenda Placement New Business
Originating Department/Requestor Finance-B Caruso Finance Director
Requester's Signature
Action Requested Set date and time for public comment/hearing for Truth in Taxation
Background justification (Please indicate any previous action, financial implications including budget
information and recommendations).
All counties,school districts, cities over 500 population,and metropolitan special taxing districts are required
to hold a single meeting in which the public is allowed to speak and the budget and levy is discussed. This
meeting may be a part of a regularly scheduled meeting. The hearing must be between November 25 and
December 29 and be held after 6:00 PM. if a regular meeting is not scheduled then it will be necessary to
schedule a special meeting for this purpose. The meeting date does not need to be coordinated with the
home county auditor to avoid conflicting with meetings occurring in overlapping taxing authorities.
At the meetine in which the Proposed levy is adopted,the City is required to announce the meeting time and
location of the subsequent meeting at which the bud et and levy will be discussed and at which the public will
be allowed to speak. The time and place of the meeting must also be included in the summary of proceedings
published in the official newspaper. The City must also provide the county auditor with the time and place of
the public hearing at the same time the proposed levy is certified
The budget and levy must be discussed and the final levy determined at the TNT hearing. Council may adopt a
final budget at this meeting, but is not required to do so.
There are two regularly scheduled meeting between November 25 and December 30. The regularly
scheduled meeting dates are December 9 and December 23.We tentatively set the TNT hearing for
December 9,2014 at our December 10,2013 council meeting.
At the TNT hearing we could adopt the budget and levy that night or adopt the final budget on December
23,2014. If you wish to have a separate date for the adoption of the budget and levy,you will need to
schedule a special hearing date for the TNT hearing or subsequent adoption hearing.
Page 43 of 120
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Page 44 of 120
Oak Park Heights
Request for Council Action 9
Meeting Date September 23, 2014
Agenda Item Title Ado g Resolution A roving 2015 Proposed Budget and Proposed Tax Levies
Time Required 5 Minutes
Agenda Placement New Business
Originating Department/Requestor Finance–Bpft Caruso Finance Director
Requester's Signature
iv
Action Requested A pprove 2015 General Fund P Budget and PM posed General Fund Tax Le .
Adopt Resolution.
Background/Justification(Please indicate any previous action,financial implications including budget
information and recommendations). ——,,.,,.---,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,_,,,,,,------
All Amounts are subject to change due to
any changes made during the work session
being held prior to the regular council
Total General Fund Budget as Proposed is$5,461,999. meeting
2015 General Fund Budgeted Expenditures increased by$284,190 or 5.49%over 2014.
Q $103,190 or 1.99% is due to increases in Operations
V $132,000 or 2.56% is due to the total increase in the Transfer of funds for capital projects
w $49,000 or.94%is for the increase in Debt portion of the levy,
Information regarding this and the changes in revenue mix r..re included in the 2015 Proposed Annu
Budget Report. m...
The proposed tax levy for the City is$5,082,731 for the General Levy and $0 for the Debt Levy. The
This Proposed Levy is$297,835 or a 6.22% increase over 2014's levy.
Included in the proposed General Fund Levy amount of$5,082,731 is the debt service amount of$608,000. A
budgeted transfer to the related debt funds is reflected in the expenditures as well.
The Tax Rate for 2014 and estimated 2015 is 59.641%and 57.309%respectively. This Tax Rate decrease is due
to the increase in Taxable Capacity Value.The Tax Capacity Value increase is a result of significant increases of
approximately 15-17%to residential properties.
There are still adjustments to be made to this budget between now and adoption of our final budget. These
amounts can change the budget, however they cannot increase the tax levy any greater than what is
proposed and adopted at this meeting.
The proposed 2015 General Fund Levy must be adopted,approved and certified to Washington County by
September 30, 2014. The final budget and levy must be submitted to the County by December 29, 2014.
1 recommend approval of the proposed 2014 General Fund Budget,2014 General Fund Levy and adoption of
the Resolution for the proposed 2015 General Fund budget and levies.
Page 45 of 120
RESOLUTION #14-09-43
CITY OF OAK PARK HEIGHTS
WASHINGTON COUNTY, MINNESOTA
A RESOLUTION APPROVING THE 2015 PROPOSED BUDGET AND GENERAL FUND
LEVIES
WHEREAS, the City Staff has prepared and submitted to the
City Council it' s proposed budget for calendar year 2015; and,
WHEREAS, the City Council for the City of Oak Park Heights
has determined that the proposed budget as submitted by the City
Staff is in the best interests of the citizens of the City of Oak
Park Heights.
NOW, THEREFORE, BE IT RESOLVED by the City Council for the
City of Oak Park Heights as follows:
1 . That the 2015 proposed budget is hereby approved as
presented by City Administration in the total General
Fund amount of $5, 461, 999.
2 . That the City Administrator is hereby authorized and
directed to certify to Washington County the Proposed
General Fund levy for the City of Oak Park Heights for
the calendar year 2015 in the amount of $5, 082, 731 .
Passed by the City Council for the City of Oak Park Heights
this 23rd day of September 2014 ,
Mary McComber, Mayor
Attest:
Eric Johnson
Administrator
Page 46 of 120
10
Oak Park Heights
Request for Council Action
Meeting Date September 23"d.2014
Time Required: 10 Minutes
Agenda Item Title: Pine Grove Gardens.—Planned Unit Development—Amendment Pre&
Final Plat and Conditional Use Permit.
Agenda Placement New Bus' s
Originating Departmen uesto E ' /Jobhuson, ity Administrator
Requester's Signature
Action Requested Ple a ee Below
Background/Justification(Please indicate if any previous action has been taken or if other public
bodies have advised):
Please see the attached from Scott Richards,City Planner:
1. Staff Report Dated—Sept 0,2014
2. Planning Commission recommendation—Unsigned
3. Proposed City Council Resolution
Page 47 of 120
3801 Thurston Avenue N.Suite 100 ENcLo
Anoka. MN 58303
Phone:783.231.5840
Facsimile:783.427.0820
TPCTPCQP1ann1ngCo.00m
PLANNING REPORT
TO: Eric Johnson
FROM: Scott Richards
DATE: September 4, 2014
RE: Oak Park Heights — Pine Grove Gardens — Planned Unit
Development Amendment, Preliminary /Final Plat, Conditional Use
Permit—Oakgreen Court North
TPC FILE: 236.02— 14.04
BACKGROUND
Norm Dupre, representing St. Croix Builders has made application for a Planned Unit
Development (PUD) Amendment, Preliminary/Final Plat and Conditional Use Permit to
allow a revised plan for five townhome units in an area planned and platted for six
townhome units. The MnDot layout for the Highway 36 frontage road will now be within
a few feet of the comer of the building as originally platted. The new plan reduces the
number of townhome units to five and provides a setback of 28.5 feet to the fifth unit.
The Pine Grove Gardens development was approved by the City Council in May 2005.
EXHIBITS
The review is based upon the following submittals:
Exhibit 1: Project Narrative -August 12, 2014
Exhibit 2: Pine Grove Gardens 2"d Addition -2014
Exhibit 3: Pine Grove Gardens- Building Layout-2014
Exhibit 4: Building Elevations - 2014-(119)
Exhibit 5: Basement Floor Plans - 2014- (219)
Exhibit 6: First Floor Plan -2014-(319)
Exhibit 7: Roof Plan -2014(419)
Exhibit 8: Cross Section at Porch -2014 - (519)
Exhibit 9: Cross Section at Garage -2014- 619)
Page 48 of 120
Exhibit 10: Cross Section at Porch -2014 -(719)
Exhibit 11: Cross Section at Garage -2014 - (819)
Exhibit 12: Details -2014-(919)
Exhibit 13: Pine Grove Gardens- 2005- Layout with MnDot Highway 36 Overlay
Exhibit 14: Pine Grove Gardens-2005 - Building Elevations -(117)
Exhibit 15: Sanitary Sewer and Watermain As-Built- 2005 (AB-1)
Exhibit 16: Pine Grove Gardens-2005 - Landscape Plan
Exhibit 17: Pine Grove Gardens-2005/2014 - Landscape Plan Details
Exhibit 18: Pine Grove Gardens -Association Snow Removal
PROJECT DESCRIPTION
Norm Dupree has provided a project narrative found as Exhibit 1. That narrative
Indicates the following:
"I am requesting approval to bursa five townhomes in the vacant Block 6 in Pine Grove
Gardens at Oakgreen Court of Oak Park Heights for the purpose of selling for profit.
The townhomes will look the same as the existing townhomes in the development as
required by the Association. At least four of the five townhomes in the development will
be sold to owner-occupants and a request has been made with the Association for one
of the units to be investor-occupied as the covenants allow a maximum of three units in
the development to be rented and two existing units are already rented out.
St. Croix Home Builders is a DBA for St. Croix Home Builders, Inc. Incorporated in 2003
for the purpose of purchasing, rehabbing and selling homes. I have decades of the
experience in construction working summers as a kid for my father who was a
contractor starting back in 1968. After graduation from college I wonted in construction
as a Project Manager. I grew up and have resided in the St. Croix Valley since 1972.
The closing date for the land purchase is September 26, 2014. The plan is to break
ground yet this fall of 2014, to get the building weathered-in before winter, and have the
project completed spring or early simmer 2015."
ISSUES ANALYSIS
Comprehensive Plan. The property is designated as Medium Density Residential on
the Proposed Land Use Map of the Comprehensive Plan. The Pine Grove Gardens
development is consistent with this land use designation.
Zoning. The property is zoned R-3 Multiple Family Residential. Any changes to the
PUD that was approved in 2005 will require an amendment, including revisions to the
number of lotsldwelling units.
Subdivision. The applicant proposes to replat the six lots into five buildable lots with
one outlot. The plat will be called Pine Grove Gardens 2nd Addition. The plat will be
subject to review of the City Attorney and City Engineer. Any required easements shall
2
Page 49 of 120
be dedicated, subject to review of the City Engineer. Outlot A will need to be accepted
by the Homeowners Association as additional common area that will be maintained by
the Association.
Setbacks. The primary reason for the replat and the reduction in the number of
townhomes is resulting from the alignment of the frontage road for Highway 36. The
replat will result in a setback of 28.5 feet from the right or way to the townhome
structure. Staff has worked with the Applicant on this issue and agreed that this setback
is adequate.
Grading/Drainage/Utilities. Tne City Engineer has reviewed the plans and did not
have any issues with the grading as proposed. The drainage and utility plans shall be
subject to review and approval of the City Engineer and the applicable watershed
district, if required.
Landscaping. The plans provided include the approved 2005 landscape plan for the
entire development and the front entry plantings for the individual units. The Applicant
Will utilize the same plan for the front entries. Staff suggests that additional landscaping
be provided between the end unit and the MnDot right of way. This would also need to
be subject to approval of the Association. The landscape plan is subject tD review and
approval of the City Arborist.
Lighting Plans. The Applicant proposes to use the same light fixtures on the building
as what is currently installed on the completed units.
Snow Removal. The Applicant has provided information from the Homeowners
Association regarding the snow removal policy.
Design Guidelines. Design Guideline review is not required for this property, but it
must be reviewed under the Zoning Ordinance provisions related to building type and
construction.
Building Type and Construction. Section 401.15.8 of the Zoning Ordinance provides
specific criteria related building type and construction for residential development. The
original Pine Grove Garden development in 2005 was not subject to these standards.
The Homeowners Association has Indicated that the remaining portion of the
development shall comply in appearance with the existing townhomes. In that the new
units are designed to match what was originally approved in 2005, a Conditional Use
Permit will need to be considered under Section 401.15.8 to allow the proposed units to
vary from the new criteria for construction. Please find the new construction criteria as
follows:
d. Single Family and Multiple Family Containing Up to Five (5) Units to
Include All New Construction and Remodeling:
9) Entrances. Primary entrances on principal structures shall face
the primary abutting public or private street or be linked to that
3
Page 50 of 120
street by a clearly defined and visible walkway or courtyard.
Additional secondary entrances may be oriented to a secondary
street or parking area. Primary entries shall be clearly visible and
identifiable from the street, and delineated with elements such as
roof overhangs, recessed entries, landscaping, or similar design
features.
Comment: The proposed units will face the private street. The
primary entries will be clearly visible from the street. The
courtyards will be landscaped.
2) New Construction and Remodeling. New Construction and
remodeling shall relate to the design of surrounding buildings where
these are present Design features such as similar setbacks, scale,
tagade divisions, roof lines, rhythm and proportions of openings,
building materials and colors are possible design techniques, while
allowing desirable architecture innovation, variation, and visual
interest. All sides of buildings shall use similar quality building
materials and other architectural treatments as principal facades.
Comment: The proposed units will be identical to the existing units
within the Pine Grove Gardens development as required by the
Homeowners Association.
e. Single Family and Multiple Family Containing Up to Five (5) Units to
Include Only New Construction:
1) Window and Door Openings. For principal residential buildings,
above grade window and door openings shall comprise at least
fifteen (15) percent of the total area of exterior walls (excluding the
area of garage doors) facing a publialprivate street or sidewalk. In
addition, for new principal residential buildings, above grade
window and door openings shall comprise at least ten (1 Q) percent
of the total area of all exterior walls.
Comment: The proposed units will not comply with this standard.
2) Garage DooralStreet Facing Building Facade. Public or private
street facing garage doors shall be allowed to project no more than
four(4) fleet from the front or side facades of the ground floor living
area portion of the dwelling or a covered porch (measuring at least
eight(8)feet by eight(8) feet).
Comment: The proposed units will not comply with this standard.
The units are designed to be garage forward. The living area
portion of the dwelling is located 22 feet back from the front of the
garage.
4
Page 51 of 120
3) Garage Doors/Building Design for Attached or Detached Garages.
Garage doors may be located on another side of the dwelling ("side or
rear loaded") provided that the side of the garage facing the front public or
private street has windows and other architectural details that mimic the
features of the living portion of the dwelling.
Comment: Not Applicable.
4) Garage DoorsBudding Frontage. Garage doors shall not comprise
more than fifty-five (55) percent of the ground floor public or private
street facing linear building frontage. Alleys and comer lots are
exempt from this standard.
Comment: The townhome units as designed will comply with this
standard.
5) Garage Door Height. Except in the rear yard, garage doors facing
a public or private street shall be no more than nine (9) feet in
height.
Comment: The garage doors will be less than nine feet in height.
The conditional use permit is to be reviewed under these criteria:
h. Exceptions to Requirements. Exception to the provisions of Section
401.15.C.8 of this Ordinance may be granted as a conditional use permit
pursuant to Section 401.03 of this Ordinance provided that
1) The proposed building maintains the quality and value intended by
the Ordinance.
Comment: The building will feature vinyl siding, Marvin windows
asphalt shingles and rock columns. The proposed buildings will
match in appearance and in quality to the existing units. The
Homeowners Association has indicated that it wants the new units
to be consistent with the rest of the development.
2) The proposed building is compatible and in harmony with other
existing structures within the district and immediate geographic
area.
Comment: The building will be compatible.
3) The provisions of Section 401.03.A.8 of this Ordinance are
considered and determined to be satisfied.
5
Page 52 of 120
City Staff has reviewed the criteria and has determined that the
proposed project is conforming.
Homeowners Association. The Homeowners Association will need to accept the
change to the plat and plans to reduce the number of dwelling units to five. Additionally
they will need to accept Outlot A as additional common area that will be maintained by
the Association.
CONCLUSION 1 RECOMMENDATION
Based upon the preceding review, City staff recommends that the request for a Planned
Unit Development (PUD) Amendment, Preliminary/Final Plat and Conditional Use
Permit to allow a revised plan for five townhome units in an area planned and platted for
six townhome units within Pine Grove Gardens be approved subject to the following
conditions:
1. The preliminary and final plat shall be approved by the City Engineer and City
Attorney.
2. The Planning Commission and City Council shall discuss the proposed setback
as part of the approval process for the PUD.
3. All landscape plans shall be subject to review and approval of the City Arborist.
4. The grading and drainage plans shall be subject to City Engineer and if required
applicable watershed authority review and approval.
5. All utility plans shall be subject to review and approval of the City Engineer.
6. The Planning Commission and City Council shall comment on the final building
plans and materials.
7. The snow storage plan shall be subject to review and approval of the City
Engineer.
8. The Homeowners Association shall accept the change to the plat and plans to
reduce the number of dwelling units to five and accept Outlot A as additional
common area that will be maintained by the Homeowners Association.
9. Additional landscaping be provided between the and unit and the MnDot right of
way subject to approval of the City Arbodst and the Homeowners Association.
10. Any other conditions of the City Council, Planning Commission and City Staff.
pc: Eric Johnson, Julie Hultman
6
Page 53 of 120
�IDI1
St. Croix Home Builders, Inc.
Norm Dupre III,President
P.O. Box 186
Stillwater,MN 55082
(651)303-0471
License#BC639760
August 12,2014
City of Oak Park Heights Planning Commission:
I am requesting approval to build five townhomes in the vacant Block 6 in Pine Grove Gardens
at xxxx Oakgreen Court N. of Oak Park Heights for the purpose of selling for profit. The
townhomes will look the same as the existing townhomes in the development as required by the
Association. At least four of the five townhomes will be sold to owner-occupants and a request
has been made with the Association for one of the units to be investor-occupied as the covenants
allow a maximum of three units in the development to be rented and two existing units are
already rented out.
St. Croix Home Builders is a DBA for St. Croix Home Buyers,Inc. incorporated in 2003 for the
purpose of purchasing,rehabbing and selling homes. I have decades of experience in
construction working summers as a kid for my father who was a contractor starting back in 1968.
After graduation from college I worked in construction as a Project Manager. I grew up and have
resided in the St. Croix Valley since 1972.
The closing date for the land purchase is September 2&, 2014. The plan is to break ground yet
this fall of 2014 and to get the building weathered-in before winter and have the project
completed spring or early summer 2015.
Sincerely,
r �r
St, Croix Home Builders
Norm Dupre III,Pres.
Page 54 of 120
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Outlook.com-nomjupre@hounail.com Page 1 of 1
New Reply Delete Archive Junk Sweep Move to
1 'IT. .. ..................__......_...-f
I Search email ► RE: Pine Grove Gardens Travel Tip:
Folders ^ Documents
Inbox 4 JUDD ORFF Add to contacts&
To:Norm Dupre
Junk 35
Drafts '
I have a file from the roofer that redid the roofs a couple
education 160
� years ago, but nothing on the siding. Mark'Trusted device'
Sent Judd before you leave
home.
Deleted '°-h
The Association contracts with Emerald Green Lawn&snow
POP i., for a season at a time.
DailyWealth 380 'wn They plow all roads,driveways and sidewalks after a 2"
snowfall.We pay extra for heavy snow and for them to haul
Dynamic Homes away the built up snow.We also contract them to pull snow
construction from roofs.
financing 12
mist Learn more
Metris From: norm_dupre @hotmail.com
To:juddorff3108 @msn.com
family Subject: RE: Pine Grove Gardens Documents
real estate s; Date: Fri, 22 Aug 2014 09:49:54-0500
AdGhoices
networking s Thank you. I was hoping you might have some other
World Ventures information that would help me out. By next Wednesday
morning I have to put together a list of all materials on the
religious plans and put a materials sample board together for the
Service Magic Planning Committee. Do you know,for example,the type of
tax overages shingles and color or the type and color of siding or anything
else that would help me out?Thanks.
New folder ,
Messaging From:juddorff3108 @msn.com
To: norrn_dupre @hotmail.com
Subject:RE: Pine Grove Gardens Documents
Date:Thu,21 Aug 2014 20:38:23+0000
View all
2014 Microsoft Terms Privacy&cookies Developers
Page 71 0 1
https://bayl75.mail.live.com/?ti d�mDBhoKhggSBGX3Gw75af6ng2&fid=flinbox 8 2014
A RECOMMENDING RESOLUTION
OF THE
PLANNING COMMISSION
CITY OF OAK PARK HEIGHTS
WASHINGTON COUNTY,MINNESOTA
A RESOLUTION ESTABLISHING FINDINGS OF FACT AND
RECOMMENDING TO THE CITY COUNCIL THAT THE
REQUEST FOR A PLANNED UNIT DEVELOPMENT
AMENDMENT, PRELIMINARY/FINAL PLAT AND A
CONDITIONAL USE PERMIT AS IT RELATES TO A REVISED
PLAN FOR TOWNHOUSE DEVELOPMENT IN PINE GROVE
GARDENS LOCATED AT OAKGREEN COURT NORTH SHOULD
BE APPROVED WITH CONDITIONS
WHEREAS,the City of Oak Park Heights has received a request for a Planned Unit
Development amendment, Preliminary/Final Plat and a Conditional Use Permit to allow
for a revised plan for five townhouse units in an area planned and platted for six units in
Pine Grove Gardens located at Oakgreen Court North; 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 property was approved by the City Council for a Planned Unit
Development, general plan by the City Council on May 24,2005; and
4. The Pine Grove Gardens project was approved with plans that included six
townhouse units on Block 3, Pine Grove Gardens; and
5. The Applicant proposes a preliminary and final plat labeled Pine Grove
Gardens 2na Addition that replats Block 3 to Block 1 with five lots and one outlot; and
Page 72 of 120
6. City Staff has determined that an amended Planned Unit Development is
required to allow for the change in plans; and
7. A Conditional Use Permit is required to allow construction of the
townhouses in accordance with the plans approved in 2005 and not subject to the design
standards found in Section 401.15.8 of the Zoning Ordinance; and
8. City staff prepared a planning report dated September 4, 2014 reviewing
the request; and
9. Said report recommended approval of the amended Planned Unit
Development amendment,Preliminary/Final Plat, and Conditional Use Permit subject to
the fulfillment of conditions; and
10. The Planning Commission held a public hearing at their September 11,
2014 meeting, took comments from the applicants, 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 for a Planned Unit Development amendment,
Preliminary/Final Plat and a Conditional Use Permit to allow for a revised plan for five
townhouse units in an area planned and platted for six units in Pine Grove Gardens
located at Oakgreen Court North and affecting the real property as follows:
SEE ATTACHMENT A
The Planning Commission recommends to the City Council of the City of Oak Park
Heights approval of the application subject to the following conditions:
1. The preliminary and final plat shall be approved by the City Engineer and City
Attorney_
2. The Planning Commission was favorable to the proposed setback to the MnDOT
right of way as part of the approval process for the PUD.
3. All landscape plans shall be subject to review and approval of the City Arborist.
4. The grading and drainage plans shall be subject to City Engineer and if required
applicable watershed authority review and approval.
5. All utility plans shall be subject to review and approval of the City Engineer.
6. The Planning Commission was favorable to the final building plans and materials.
2
Page 73 of 120
7. The snow storage plan shall be subject to review and approval of the City
Engineer.
8. The Homeowners Association shall accept the change to the plat,plans to reduce
the number of dwelling units to five, accept Outlot A as additional common area
that will be maintained by the Homeowners Association, and address issues
related to streets, curbs, construction vehicle parking with the Applicant.
9. Additional landscaping shall be provided between the end unit and the MnDot
right of way subject to approval of the City Arborist and the Homeowners
Association.
10. The applicant shall be required to enter into a development agreement. The
development agreement shall be subject to the review and approval of the City
Attorney and City Council.
Recommended by the Planning Commission of the City of Oak Park Heights this
11th day of September,2014.
Jim Kremer, Chair
ATTEST:
Eric A. Johnson, City Administrator
3
Page 74 of 120
ATTACHMENT A
y
Pine Grove Gardens (2)—St. Croix Home Builders
Planned Unit Development Amendment,
Preliminary/Final Plat and
Conditional Use Permit
Allowing Construction of a 5 Unit Townhouse Structure
Located Within Pine Grove Gardens Development
at Oakgreen Court,N.
Washington County GEO Code: 04.029.20.22.0030 through 04.029.20.22.0035
Legal Description: Lots 1 —6, Block 3 of Pine Grove Gardens
Page 75 of 120
ATTACHMENT B
Pine Grove Gardens (2)—St. Croix Home Builders
Planned Unit Development Amendment,
PreliminarylFlnal Plat and
Conditional Use Permit
Allowing Construction of a 5 Unit Townhouse Structure
Located Within Pine Grove Gardens Development
at Oakgreen Court,N.
Application Materials
• Application&Fees
• Plan Sets
• Written Narrative and Graphic Materials Explaining Proposal
• Mailing List from Washington County (500' from subject property)
• Proof of Ownership or Authorization to Proceed
Conference With City Staff Upon Application Submittal: August 27, 2014
Public Hearing: September 11, 2014
Required Approvals: PUD Amendment
City Council 4/5
PUD Amendment:
Unless a General Plan of Development covering the area designated as in the General Concept
Plan as the first stage of the PUD has been filed within twelve(12)months from the date Council
grants General Concept Plan approval, or in any case where the applicant fails to file General
Plan of Development Stage and Final Plans and to proceed with development in accordance with
the provisions of this Ordinance and of an approved General Concept Plan, the approval may be
revoked by Council action. (401.06.C.2.e)
Page 76 of 120
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 FOR A PLANNED UNIT DEVELOPMENT
AMENDMENT, PRELIMINARY/FINAL PLAT AND A
CONDITIONAL USE PERMIT AS IT RELATES TO A REVISED
PLAN FOR TOWNHOUSE DEVELOPMENT IN PINE GROVE
GARDENS LOCATED AT OAKGREEN COURT NORTH BE
APPROVED WITH CONDITIONS
WHEREAS,the City of Oak Park Heights has received a request for a Planned Unit
Development amendment,Preliminary/Final Plat and a Conditional Use Permit to allow
for a revised plan for five townhouse units in an area planned and platted for six units in
Pine Grove Gardens located at Oakgreen Court North; after having conducted a public
hearing relative thereto, the Planning Commission of Oak Park Heights recommended the
request with conditions. The City Council of the City 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 property was approved by the City Council for a Planned Unit
Development, general plan by the City Council on May 24, 2005; and
4. The Pine Grove Gardens project was approved with plans that included six
townhouse units on Block 3,Pine Grove Gardens; and
5. The Applicant proposes a preliminary and final plat labeled Pine Grove
Gardens 2d Addition that replats Block 3 to Block 1 with five lots and one outlot; and
Page 77 of 120
6. City Staff has determined that an amended Planned Unit Development is
required to allow for the change in plans; and
7. A Conditional Use Permit is required to allow construction of the
townhouses in accordance with the plans approved in 2005 and not subject to the design
standards found in Section 401.15.8 of the Zoning Ordinance; and
8. City staff prepared a planning report dated September 4,2014 reviewing
the request; and
9. Said report recommended approval of the amended Planned Unit
Development amendment,Preliminary/Final Plat, and Conditional Use Permit subject to
the fulfillment of conditions; and
10. The Planning Commission held a public hearing at their September 11,
2014 meeting,took comments from the applicants, closed the public hearing, and
recommended the request 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 for a Planned Unit Development amendment,
Preliminary/Final Plat and a Conditional Use Permit to allow for a revised plan for five
townhouse units in an area planned and platted for six units in Pine Grove Gardens
located at Oakgreen Court North and affecting the real property as follows:
SEE ATTACHMENT A
Be the same as hereby approved by the City Council of the City of Oak Park Heights
with the following conditions:
1. The preliminary and final plat shall be approved by the City Engineer and City
Attorney.
2. The City Council was favorable to the proposed setback to the MnDOT right of
way proposed as part of the approval process for the PUD.
3. All landscape plans shall be subject to review and approval of the City Arborist.
4. The grading and drainage plans shall be subject to City Engineer and if required
applicable watershed authority review and approval.
5. All utility plans shall be subject to review and approval of the City Engineer.
6. The City Council was favorable to the final building plans and materials.
2
Page 78 of 120
7. The snow storage plan shall be subject to review and approval of the City
Engineer.
8. The Homeowners Association shall 1 accept the change to the plat, plans to reduce
the number of dwelling units to five, accept Outlot A as additional common area
that will be maintained by the Homeowners Association, and address issues
related to streets, curbs, construction vehicle parking with the Applicant.
9. Additional landscaping shall be provided between the end unit and the MnDot
right of way subject to approval of the City Arborist and the Homeowners
Association.
10. The applicant shall be required to enter into a development agreement. The
development agreement shall be subject to the review and approval of the City
Attorney and City Council.
Approved by the City Council of the City of Oak Park Heights this 23`d day of
September, 2014.
Mary McComber,Mayor
ATTEST:
Eric A. Johnson, City Administrator
3
Page 79 of 120
ATTACHMENT A
Pine Grove Gardens (2)—St. Croix Home Builders
Planned Unit Development Amendment,
Preliminary/Final Plat and
Conditional Use Permit
Allowing Construction of a 5 Unit Townhouse Structure
Located Within Pine Grove Gardens Development
at Oakgreen Court,N.
Washington County GEO Code: 04.029.20.22.0030 through 04.029.20.22.0035
Legal Description: Lots 1 —6, Block 3 of Pine Grove Gardens
Page 80 of 120
ATTACHMENT B
t;
Pine Grove Gardens (2)—St. Croix Home Builders
Planned Unit Development Amendment,
PreliminarylFinal Plat and
Conditional Use Permit
Allowing Construction of a 5 Unit Townhouse Structure
Located Within Pine Grove Gardens Development
at Oakgreen Court,N.
Application Materials
• Application&Fees
• Plan Sets
• Written Narrative and Graphic Materials Explaining Proposal
• Mailing List from Washington County(500' from subject property)
• Proof of Ownership or Authorization to Proceed
Conference With City Staff Upon Application Submittal: August 27,2014
Public Hearing: September 11, 2014
Required Approvals: PUD Amendment
City Council 415
PUD Amendment:
Unless a General Plan of Development covering the area designated as in the General Concept
Plan as the first stage of the PUD has been filed within twelve(12)months from the date Council
grants General Concept Plan approval, or in any case where the applicant fails to file General
Plan of Development Stage and Final Plans and to proceed with development in accordance with
the provisions of this Ordinance and of an approved General Concept Plan, the approval may be
revoked by Council action. (401.06.C.2.e)
Page 81 of 120
THIS PAGE IS INTENTIONALLY LEFT BLANK
Page 82 of 120
11
ti
Oak Park Heights
Request for Council Action
Meeting Date September 23!.2014
Time Required: 5 Minutes
Agenda Item Title; m development— 1
single family
Agenda Placement New Business
Originating Department/Reque E on. Qy Administrator
Requester's Signature
Action Requested Discussi ossible&oproval
Background/Justification(Please indicate if any previous action has been taken or if other public
bodies have advised):
As part of the City Council approval resolution for the Palmer Station development proposal a
final Developer's Agreement must be approved by the City Council. Attached is a draft of that
proposal as developed by the City Attorney.
There are some key elements to note:
1. The Developer(or its assigns)of this development will be required to maintain all ponds
now and in the future.
2. The Agreement requires the Developer to pay(and convey easement to the City)for the
required storm sewer line connecting the private storm systems to the City's storm
systems lying off-site to the south.
3. There have been some small amendments to the proposed plat adjusting some of the lot
lines; there still remain 13 lots;please see the memo from Scott Richards as enclosed
dated 9/18/14.
At this time staff does recommend and asks approval of this Agreement,subject to any
final revisions of the City Attorney,
Page 83 of 120
3601 Thurston Avenue N, Suite 100
Anoka, MN 55303
Phone: 7e3.231.5840
Facsimile: 763.427.0520
TPCTPCPPlanningCo.com
PLANNING REPORT
TO: Eric Johnson
FROM: Scott Richards
DATE: September 18, 2014
RE: Oak Park Heights- Palmer Station -- Property Subdivision -
PreliminarylFinal Plat Approval 1399960th Street North.
TPC FILE: 236.02 - 14.02
BACKGROUND
The City Council approved the Preliminary and Final Plat for a 13 lot subdivision on the
Palmer property, 13999 W Street North, at their July 24, 2014 meeting. The property
is south of Oak Park Boulevard, and east of Oakgreen Avenue North. The application
consisted of requests for Rezoning, Planned Unit Development/Conditional Use Permit
(PUDICUP), and Preliminary/Final Plat approvals.
Since that meeting, the Applicant has received approval from the Middle St. Croix
Watershed Management Organization. A part of those approvals, the Watershed
Management Organization allowed the ponds as designed to be slightly reduced in size.
The net gain in buildable area is approximately 20 feet and affects the lots on the east
side of Oak Cove North. The Applicants has proposed a minor change in the lot lines.
When comparing the two plats, the only noticeable difference is that the width of Lots
10, 11, 12 and 13 change slightly along the street frontage.
The City Council will consider the Developer's Agreement for Palmer Station at their
September 23, 2014 meeting. As part of that review, the City Council should also
consider this minor change to the Final Plat. Staff would recommend approval.
Exhibits
Exhibit 1: Palmer Station -- Final Plat-Approved July 24, 2014
Exhibit 2: Palmer Station - Final Plat-- Revised
Page 84 of 120
CONCLUSION 1 RECOMMENDATION
The City Council should consider and approve the revised Final Plat for Palmer Station
subject to the same conditions found in the resolution approving the Palmer Station
adopted by the City Council on July 24, 2014.
pc: Mick Lynskey, Nick Hackworthy Steve Johnston, Julie Hultman
2
Page 85 of 120
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------- Page 87 of 120
CITY OF OAK PARK HEIGHTS
WASHINGTON COUNTY, MINNESOTA
DEVELOPER'S AGREEMENT
PALMER STATION
THIS AGREEMENT, made and entered into this day of _ , 2014, by and
between the City of Oak Park Heights, a municipal corporation under the laws of the State of
Minnesota(the"City"), and Creative Home Construction Investments LLC,.,(the "Developer").
WITNESSETH; That:
WHEREAS, the Developer has made application to the City Council for approval of a
subdivision, conditional use permit and zoning district amendment related to land within the
corporate limits of the City,to be platted as"Palmer Station"described as follows:
See Attached Exhibit A
(the "Subdivision"); and,
WHEREAS, the City Council has on July 22, 2014, granted approval to the Subdivision,
on the condition that the Developer enter into this Agreement stipulating the conditions for the
installation of street,water, sewer and other public improvements as well as the development of on-
site improvements hereinafter described, all in accordance with the terms and conditions hereinafter
set forth.
NOW, THEREFORE, in consideration of the premises and of the mutual promises and
conditions hereinafter contained,it is hereby agreed as follows:
Designation of Improvements: Improvements to be installed at Developer's expense by the
Developer as hereinafter provided are hereinafter referred to as "Plan A Improvements".
Improvements to be installed by the City and paid for by Developer are hereinafter referred to as
"Plan B Improvements".
1. PLAN A IMPROVEMENTS: The Developer will construct at Developer's
expense the following improvements under Plan A according to the following terms
and conditions:
A. The Developer shall do all site grading, common greenway and open spaces,
storm water ,storage ponds, surface drainage ways and all private driveways
including sodding of boulevards, all in accordance with the approved
grading, drainage and site plan. A grading plan with maximum two (2) foot
contours,pad elevations, drainage provisions, erosion control provisions and
Page 88 of 120
cross sections, as necessary, shall be submitted to and approved by the City
prior to commencement of any site grading. Any changes to the grading
plan during construction shall be submitted to the City for approval. Each
building site must conform to the grading plan approved by the Building
Inspector of the City of Oak Park Heights prior to a building permit being
issued.
B. The Developer shall control soil erosion ensuring:
1. All development shall conform to the natural limitations presented
by the topography and soil of the subdivision in order to create the
best potential for preventing soil erosion. The Developer shall
submit an erosion control plan, detailing all erosion control measures
to be implemented during construction, said plan shall be approved
by the City prior to the commencement of site grading or
construction.
2. Erosion and siltation control measures shall be coordinated with the
different stages of development. Appropriate control measures as
required by the City Engineer shall be installed prior to development
and as may be necessary to control erosion.
3. Land shall be developed in increments of workable size such that
adequate erosion and siltation controls can be provided as
construction progresses. The smallest practical area of land shall be
exposed at any one period of time.
4. Where the topsoil is removed, sufficient arable soil shall be set aside
for respreading over the developed area. The topsoil shall be
restored to a depth of at least four(4)inches and shall be of a quality
at least equal to the soil quality prior to development.
5. The Developer shall not locate its equipment within the right-of-way
of 58th Street as acquired by the City of Oak Park Heights adjacent
to this development without the express written consent of the City
Engineer.
C. The Developer shall place iron monuments at all lot and block corners and at
all other angle points on boundary lines. Iron monuments shall be replaced
after all street and lawn grading has been completed in order to preserve the
lot markers.
D. The Developer shall be responsible for maintaining the location of and
2
Page 89 of 120
protecting curb stops, water services and sewer services. Any service or
curb stop damaged shall be repaired or replaced as specified by the City.
The Developer shall make all necessary adjustments to the curb stops to
bring them flush with the topsoil(after grading)or driveway surface.
The Developer shall be required to provide landscaping and screening as
determined by the City and as required by the ordinances of the City. Final
landscaping plans must be submitted to the office of the City Planner for
approval .
F The Developer shall be responsible for street maintenance, including curbs,
boulevards, sod and street sweeping until the project is complete. All streets
shall be maintained free of debris and soil until the subdivision is completed.
Warning signs shall be placed when hazards develop in streets to prevent
the public from traveling on same and directing attention to detours. The
repair of any damage done to the streets or public utilities by Developer or
any of its Contractors or Subcontractors, shall remain the financial
responsibility of the Developer.
G. The Developer shall furnish site lighting in accordance with the City
Ordinance requirements pursuant to a plan which must receive the approval
of the City Planner.
General Requirements:
H. The Developer shall dedicate a reasonable portion of this proposed
subdivision as the City Council reasonably determines to the public for
public uses as parks, playgrounds, public open space, trails, or other
conditions as required by the City and as shown on the final plat. In lieu of
complete land dedication, Developer shall upon execution of this
Developer's Agreement, pay a park dedication fee now prescribed by
ordinance and/or resolution. The cash park dedication fee for this
subdivision is in the amount of$43,280.00 for this subdivision.
I. The Developer shall dedicate and survey the storm water drainage pipe
constructed to connect through the neighborhood to the south of this
development. In lieu of dedication Developer shall convey an easement for
the pipe to the city on an easement deed approved and prepared by the City
Attorney. Storm Water Ponds shall remain privately owned by Developer or
it's assigns. The Developer and property owners shall be responsible for
stone sewer cleaning, holding and pond dredging for all storm water ponds
on site.
3
Page 90 of 120
J. The Developer shall be responsible for securing all necessary approvals,
PUDs, CUPs and permits fiom all appropriate federal, state, regional and
local jurisdictions prior to the commencement of site grading or construction
and prior to the City awarding construction contracts for public utilities
K. Drainage and utility easements. 10 foot drainage and utility easements shall
be provided along all lot lines along the platted lots.
L. Wetland Designation. All areas classified as wetlands shall be displayed
upon the plat and those so specified by the City Engineer shall be dedicated
to the public for that purpose.
M. Tree Protection and Clearing:
The Developer must have the City Arborist or a person under her
designation providing on-site supervision and direction during the clearing
process. Prior to the clearing operation being initiated all clearing limits and
trees to be protected shall be clearly marked. Tree protection fencing shall be
installed and maintained until after grading is complete. All fencing shall be
installed at least 20 feet distant from the trunks of large shade trees
(deciduous) and around coniferous trees no closer than the drip line. Silt
fencing may not be used as a substitute for tree protection fencing. Fencing
shall be orange in color with steel posts at 6-8 foot intervals. The City
Arborist shall be contacted by Developer for an inspection after the fencing
is installed. All tree replacement fees due the City pursuant to the City Tree
Protection ordinance following shall be paid within 10 days following the
Arborists certification of amounts due.
O. Warranty of Title.
By its execution hereof Developer hereby warrants and represents that it has
the exclusive and marketable fee title to the subject property. Developer
further warrants and represents that there are no liens or encumbrances
against the title and that it is fully authorized to execute this agreement as the
fee owner of the subject lands.
P. Fire Hydrants.
All fire hydrants throughout the development shall incorporate an AFC-
Waterous Storz Nozzle. The hydrant pumper nozzle shall be of one-piece
design., compatible with a five inch Storz hose coupling. The nozzle shall be
an integral part of the fire hydrants and must be R=shed by the
manufacturer or authorized distributor designated by the manufacturer. Storz
adapters will not be accepted.
4
Page 91 of 120
Q. Utility Locations in City Right of Way.
In order to maintain compliance with regulations promulgated from the
Minnesota Office of Pipeline Safety the developer,its contractors,
subcontractors, and agents shall comply with the following requirements:
1. All right of way work shall require an application with a plan that
shall be submitted for city review prior to any work performed in
the right of way areas.
2. The layout of utilities, including depths, off-sets and materials shall
be documented during construction and confirmed with city staff
during the installation process.
3. Single family residential lots are required to submit an accurate tie
card showing the utilities installed and measurements from fixed
objects(corner of house, fire hydrants, etc.)to the curb stop,
location pins, clean outs and tie in points for all utilities.
4. Multi-family and commercial lots must provide, in addition to the
above, professional as built drawings confirmed by field survey,
showing the required information. In addition Engineering grade
GPS coordinates in the Washington County coordinate system
shall be supplied by the builder. These will allow the coordinates
to be electronically incorporated in to future city mapping.
5. All installations will require pins be installed directly above all
utility lines where they cross lot lines. A corrosion protected trace
wire shall be installed six inches below final grade directly above
all new utility installations at a minimum through the right of way.
The trace wire and tail shall be terminated in a capped vertical
conduit that is within two inches of the final grade and pin located
at the lot line.
6. The Developer shall hold harmless and indemnify the City of Oak
Park Heights from any and all loss or damage resulting from its
failure to comply with these requirements including but not limited
to expenses the City incurs in correcting errors in information
provided by Developer its agents or contractors or remediating
problems resulting there from in the right of way.
7. Upon failure to provide full documentation as required the City
shall notify he Developer who shall have 30 days to secure full
compliance. Failure to comply will result in the work being
assigned by the City to an outside professional for completion of
the necessary work. Any costs incurred in resolving these
requirements shall be assessed to the property or offset from
security required under this agreement.
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Page 92 of 120
8. City staff shall document the time and materials required to review,
confirm and accept the installation documentation and shall
invoice Developer for the costs based on the actual work involved
or on a fee schedule adopted by the City Council.
P. Underground Installation of Electrical Distribution Lines. Pursuant to City
ordinance Chapter 1008 all electrical distribution lines located or to be located
upon the site shall be installed and maintained underground.
2. DESCRIPTION OF PLAN A IMPROVEMENTS ESTIMATED COST
1. Site Clearing $28,000.00
2. Earthwork $96,075.00
3. Erosion Control&SWPPP $22,229.00
4. Storm sewer(private) $17,215.00
5. Utility Protection&Repair $5,000.00
6. Street Protection&Repair $20,000.00
7. Landscaping $49,640.00
TOTAL ESTIMATED CONSTRUCTION COST
OF PLAN A IMPROVEMENTS: $238,159.00
ESTIMATED ENGINEERING,LEGAL AND
ADMINISTRATIVE(20%): $47,632.00
TOTAL ESTIMATED CONSTRUCTION COST
OF PLAN A IMPROVEMENTS: $285,791.00
6
Page 93 of 120
SECURITY REQUIREMENT(25%) $71,44$.00
TOTAL PLAN A ESCROW $357,239.00
3. CONSTRUCTION OF PLAN A IMPROVEMENTS.
A. Construction. The construction, installation, materials and equipment shall
be in accordance with the plans and specifications approved by the City.
B. Inspection. All of the work shall be under and subject to the inspection and
approval of the City and, where appropriate, any other governmental agency
having jurisdiction.
C. Easements. The Developers shall dedicate to the City,upon approval of the
final plat, at no cost to the City, all permanent or temporary easements
necessary for the construction and installation of the Plan A and Plan B
Improvements as determined by the City. All such easements required by
the City shall be in writing, and in recordable form, containing such terms
and conditions as the City shall determine. If within the platted area, all
such easements shall be dedicated to the City and specifically described
within the Plat. As it affects all easements located outside the platted area,
the same shall be dedicated by separate easement conveyed to the City of
Oak Park Heights prior to the execution of the Development Agreement.
D. Faithful Performance of Construction Contracts. The Developer will fully
and faithfully comply with all terms and conditions of any and all contracts
entered into by the Developer for the installation and construction of all Plan
A Improvements and hereby guarantees the workmanship and materials for a
period of one year following the City's final acceptance of the Plan A
Improvements. Concurrently with the execution of this Agreement,
Developer or its general contractor shall provide a Performance Bond to the
City of Oak Park Heights in a form to be approved by the City Attorney,
guaranteeing the performance by Developer of the construction of the Plan
A Improvements in a timely and proper manner. Additionally, Developer
guarantees and agrees that, should the City of Oak Park heights need to
apply a claim on said Performance Bond, that Developer shall pay all
attorney's fees and administrative expenses associated with said action.
E. Surety Term. The Developer shall post a letter of credit (form to be
approved by the city attorney) to secure the timely and proper installation of
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Page 94 of 120
the Plan A improvements..
4. PLAN B IMPROVEMENTS. The following improvements will be installed by
the City at the Developer's expense according to the following terms and conditions:
1. DESCRIPTION OF IMPROVEMENT ESTIMATED COST
A. Sanitary sewer $84,828.00
B. Water main $84,836.00
C. Street Improvements $110,858.00
D. Storm Sewer $69,595.00
TOTAL ESTIMATED CONSTRUCTION COST
OF PLAN B IMPROVEMENTS: $350,117.00
ESTIMATED ENGINEERING,LEGAL AND
ADMINISTRATIVE(20%): $70,023.00
SECURITY REQUIREMENT(25%) $105,035.00
TOTAL PLAN B ESCROW $525,175.00
2. That prior to the City ordering the installation and awarding the contracts as
it relates to the Plan B improvements and the costs therefor, the Developer
shall deposit with the City of Oak Park Heights, the total estimated cost of
the Plan B improvements for a total of$525,175.00 by way of cash deposit
or posting of a letter of credit (form to be approved by the city attorney).
The City shall pay from said deposit/letter of credit all expenses related to
the construction of the Plan B improvements providing for the construction
of salve as follows:
A. Construction. After the preparation of preliminary plans and
estimates by the City, the City Council shall take bids on the projects
and thereafter award the contract pursuant to law for the installation
of the Plan B improvements under the City's supervision. Upon
receipt of the first bid tabulation, Developer shall be provided a copy
thereof. The Developer shall have the right to immediately notify
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Page 95 of 120
the City of its demand that the City reject all bids. As it affects the
first bid tabulation, the City shall honor the Developer's wish if made
to reject all bids and thereafter proceed to a second bidding on the
project. Subsequent bid tabulations may be commented upon by
Developer but the City may award to the lowest responsible bidder
of the project in the manner provided by law.
B, Escrow. No work shall be commenced under this Agreement until
the Developer shall have filed with the City a cash deposit, certified
check or Letter of Credit (in a form to be approved by the City
Attorney) in the amount equal to the total estimated cost of the Plan
B improvements plus a security requirement of 25% in the total
amount of $525,175.00. The City shall have the right to apply
against the Letter of Credit all bills incurred by the City with regard
to the Plan B improvements, however, the City shall provide the
Developer the opportunity to pay for said improvements as bills are
incurred, in cash,rather than applying payments as against the Letter
of Credit provided to the City, if a Letter of Credit is used in lieu of a
cash escrow by the Developer. In such case, the Developer shall
have 10 business days from the time of submission of the bill by the
City to the Developer to pay to the City such amount in cash so that
the City can use the payment to pay the amount due in lieu of
drawing down on the Letter of Credit or other escrow on file with the
City of Oak Park Heights.
C. Plans and Specifications. The Developer shall be provided with a
copy of the plans and specifications as prepared by the office of the
City Engineer for the Plan B improvements and shall be allowed the
opportunity to comment on same prior to final release of the bid
specifications by the office of the City Engineer for purposes of
receiving bid on the improvements. The Developers shall also be
notified of the bid opening date and provided the opportunity to
comment on the bids received prior to the award of the bid on the
Plan B improvements. The Developers may recommend rejection of
al bids and the rebidding of the project or any portion thereof;
however, such recommendation is not binding on the City of Oak
Park Heights and the City may award the contract based upon the
bids received if it, in its absolute discretion, determines that the bids
so received are reasonable.
The Developers shall also be provided the opportunity to request that
the City Engineer consider including certain contractors that the
Developer might suggest to be added to the proposed bidder's list.
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Page 96 of 120
Final determination of the proposed bidder's list shall rest in the
discretion of the City Engineer.
D. Ownership of Plan B Improvements. All such improvements as
constructed shall become the property of the City of Oak Park
Heights. The Developer shall dedicate to the City prior to approval
of the final plat at no cost to the City all permanent and temporary
easements necessary for the construction of such improvements as
determined by the City.
E. Contracts. All such construction contracts as awarded by the City of
Oak Park Heights to construct the Plan B improvements shall
provide for a guarantee of the workmanship and materials for a
period of one year following the completion of construction of the
Plan B improvements. All such contracts shall also conform to the
ordinances and specifications of the City in the construction of all
Plan B improvements.
F. Change Orders. No change order increasing the contract expense
shall be authorized by the City without first notifying Developer of
the change.
G. Estimates. The above estimates are engineering projections only.
Developer shall be responsible for all actual expenses incurred in the
securing and installing of all Plan B improvements. The method of
calculation of such costs shall be as specified by the City Engineer.
H. Connection Charges. All connection charges and fees shall be paid
by Developer. The City Engineer shall compute the connection fee
as prescribed by ordinance/resolution as to this development and
advise the City Clerk as to the appropriate fee to be collected.
Connection fees for all lots and blocks are due and payable upon
execution of this agreement and are as follows:
Sanitary Sewer $ 15,257.32
Water $ 79,335.36
Storm Sewer $ 7,138.56
Total $101,731.24
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Page 97 of 120
5. CASH ESCROW ACCOUNT. The Developer shall provide a cash escrow
account to the City of Oak Park Heights in the amount of $5000.00 to
reimburse the City of Oak Park Heights for previous billed expenses relating
to this development.
6. GENERAL:
A. Binding Effect. The terms and provisions hereof shall be binding
upon and inure to the benefit of the heirs,representatives, successors
and assigns of the parties hereto and shall be binding upon all future
owners of all or any part of the Subdivision and shall be deemed
covenants running with the land. References herein to Developer, if
there be more than one, shall mean each and all of them. The
Agreement, at the option of the City, shall be placed on record so as
to give notice hereof to subsequent purchasers and encumbrances of
all or any part of the Subdivision and all recording fees, if any, shall
be paid by the Developer.
B. Final Plat Approval. The City has given final approval to the plat of
the Subdivision "Palmer Station' upon execution and delivery of
this Agreement and of all required documents and security, subject
to compliance with the Ordinances of the City and terms and
provisions hereof,permits maybe issued by the City.
C. Incorporation of Reference. All plans, special provisions,proposals,
specifications and contracts for the improvements furnished and let
pursuant to this Agreement shall be and hereby are made a part of
this Agreement by reference as fully as if set out herein in full.
Specifically the following Planning Reports and Engineering files
and final documentation approved by the City Planner and the City
Engineer are specifically incorporated by reference herein and
included herein as if originally made part of this agreement.
1. July 22, 2014 Resolution No._of the City Council for the
City of Oak Park Heights.
2. Planners Reports Dated June 5,2014 and July 3,2014.
3. July 7, 214 Letter to Steve Johnson PE from Eric Johnson
City Administrator.
4. May 20, 214 Report from City Arborist(e-mail)
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Page 98 of 120
D. Developer's Agreement Recording. The City of Oak Park Heights
shall file the Developer's Agreement of record in the office of the
Washington County Recorder. Providing that the Developer is not
in default under the terms of the Development Agreement, the City
shall provide appropriate releases to the financial aspects of same
and documentation to individual buyers of lots or mortgage lenders.
E. Administrative and Miscellaneous Expenses. As to any and all
administrative, legal or engineering costs which the Developer is
expected to pay to the City of Oak Park Heights,which costs may be
offset against the Performance Bond which the Developer has filed
and provided to the City of Oak Park Heights,the Developer shall be
given the opportunity to review and comment on such costs prior to
the application by the City of Oak Park Heights to the bonding
company for the payment of same. Should the Developer dispute the
reasonableness of any of the City's charges, Developer shall have the
right to submit any such dispute to arbitration at Developer's sole and
exclusive expense. Arbitration shall be conducted by the American
Arbitration Association and shall be initiated and paid for by
Developer.
F. Establishment of Construction Schedules. The City Engineer shall
establish construction schedules for Plan A and Plan B
improvements and shall consult with Developer prior to establishing
same.
G. 7lon. . Palmer Station has been designated a zoning classification
of R-1 (Single Family Residential District by the City Council. All
future use and development shall comply with the applicable
provisions of the relevant zoning ordinance of the City of Oak Park
Heights relating thereto.
H. Street Grades. The grades of all streets shall not exceed 8% and the
minimum grade shall not be less than.5%.
I. Landscaping. A final landscaping shall be developed and
implemented on site according to the approved plan.
1. The planting details depicted within the landscape plan shall
implement a lowest branching height to provide a uniform
appearance and to allow clearance for pedestrians, all in a
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Page 99 of 120
manner to be designated and approved by the City Forester.
2. Sodding and Seeding are discussed in the planting notes but
not defined in the illustration plans. The areas of sodding
and seeding shall be identified in a final plan to be submitted
and approved by the City Forester.
J. Li ti n . In the future should developer desire to place street
lighting in the subdivision Developer must submit a lighting plan to
the City Council. A photo-metric lighting plan shall be submitted
and subject to review and specific approval of City Staff and City
Council. All lighting shall be hooded and controlled so as not to
direct light source to adjacent lands and not to be visible from the
public right-of-way or from adjacent properties in compliance with
Section 401.15B.7 of the Zoning Ordinance.
K. Signage. Monument signage may be allowed for the subdivision. A
final drawing and identified placement location for the signage must
be submitted to and approved by the City Council.
L. Indemnification:
To the fullest extent permitted by law, the Developers shall indemnify and hold
harmless the City of Oak Park Heights, its agents and employees from and against
any and all claims, damages, losses or expenses, including but not limited to
attorney's fees, arising out of the issuance of this Developer's Agreement by the
City of Oak Park Heights and/or arising out of the performance or non-
performance of its obligations hereunder by Developer.
M. City Council Imposed Conditions. The following conditions have
been imposed by the City Council upon this development as a condition precedent
to approval:
1. The preliminary and final plat, as well as the dedication of easements shall be subject to
the review and approval of the City Engineer and City Attorney.
2. The Applicant shall pay a park dedication fee of 10 percent of the fair market value of the
land payable as specified in the Development Agreement.
3. An easement with the City of Oak Park Heights shall be required to provide access to
Oak Park Boulevard.
13
Page 100 of 120
4. An easement with the City of Oak Park Heights shall be required for placement of
the entrance monument sign.
5. Drainage and utility easements along the road/cul-de-sac right of way shall be
increased to 15 feet to compensate for the proposed road right of way width and radius.
6. The Fire Chief, Police Chief and City Engineer shall comment on the proposed street
dimensions and adequacy for emergency vehicle access.
7. The Applicant shall provide a 10 foot easement on the west side of the Palmer
property to be retained by the City for future sidewalk/trail development subject to
review and approval of the City Engineer.
8. All tree removal and landscape plans shall be subject to review and approval of the
City Arborist. There shall be no reduction allowed for the required tree replacement.
9. The proposed wetland buffer impact/mitigation plan is subject to review and
approval of the City Engineer.
10. The street construction plans shall be subject to review and approval of the City
Engineer.
11. The grading and drainage plans shall be subject to City Engineer and applicable
watershed authority review and approval. The City Engineer shall require the installation of a
storm water pipe between 5519 and 5523 Oakgreen Place North to address the 100 year storm
events. The City Engineer and Project Engineer shall continue to resolve any issues with storm
water drainage on the south property line. The City Council determined that the Applicant shall
pay 100 percent of all project costs for the storm sewer improvements.
12. All utility plans shall be subject to review and approval of the City Engineer.
13. The Applicant shall be responsible for capping the well and removal of the septic
systems, cistern and oil tank in compliance with Washington County and if applicable,
Minnesota Pollution Control Agency standards.
14. The City will not maintain the landscaping and monument entrance sign; that will be the
responsibility of the home owners. The City will specify the provisions related to the easement
and maintenance in the Development Agreement.
15. The City Council was favorable to the proposed final building appearance, colors,
materials and the variety of the house plans as part of the PUD/CUP review.
14
Page 101 of 120
16. For emergency vehicle access purposes, parking will be allowed on one side of the street
only, and no parking be allowed within the cul-de-sac.
17. The City Council agrees to the request to reduce the allowable setback on the garage side
of the home to a minimum of 5 feet. The setback to the dwelling portion of the home would
remain at 10 feet. A garage to garage setback would be required to be 15 feet.
1$. The applicant shall be required to enter into a development agreement. The
development agreement shall secure site improvements, protection of neighboring
properties, and municipal infrastructure. The development agreement shall be subject to the
review and approval of the City Attorney and City Council.
15
Page 102 of 120
IN WITNESS WHEREOF, the City and Developer have caused this Agreement to be
duly executed on the date and year first above written.
In the presence of CITY OF OAK PARK HEIGHTS
Mary McComber
Mayor
Eric Johnson
City Administrator
STATE OF MINNESOTA )
) ss.
COUNTY OF WASHINGTON)
On this day of , 2014 before me a Notary Public, within and for
said County personally appeared Mary McComber and Eric Johnson, to me personally known,
being each by me duly sworn did say that they are respectively the Mayor and the Administrator of
the City of Oak Park Heights, the municipal corporation named in the foregoing instrument; and
that the seal affixed to said instrument is the corporate seal of said corporation, and that said
instrument was signed and sealed on behalf of said municipal corporation by authority of its City
Council and said Mayor and Administrator acknowledged said instrument to be the free act and
deed of said municipal corporation.
Notary Public
16
Page 103 of 120
In the presence of: Creative Home Construction Investments LLC,
Inc
Nick Hackworthy
Its: President
STATE OF MINNESOTA )
)ss.
COUNTY OF WASHINGTON)
On this day of , 2014, before me a Notary Public, within and for
said County personally appeared Nick Hackworthy to me personally known, by me duly sworn did
say that he is the President of Creative Home Construction Investments, LLC, a Minnesota Limited
Liability Company, named in the foregoing instrument; and that said instrument was signed and
sealed on behalf of said Limited Liabiltiy Company by authority of its Board of Governors and said
Nick Hackworthy acknowledged said instrument to be the free act and deed of said Limited
Liability Company..
17
Page 104 of 120
THIS INSTRUMENT WAS DRAFTED BY:
Mark J. Vierling
Eckberg, Lammers,Briggs,Wolff
&Vierling, PLLP
1809 Northwestern Avenue
Stillwater,MN 55082
(651)439-2878
18
Page 105 of 120
EXHIBIT A
LEGAL DESCRIPTION
All that part of the Southwest Quarter of the Northwest Quarter of Section 4 in Township 29
North of Range 20 West of the Fourth Meridian, described as follows, to-wit:
Beginning at the Northwest corner of said Southwest Quarter of Northwest Quarter;
running thence south along the west line thereof 897.2 feet; running thence East and
parallel with the North line thereof 485.52 feet to a point; running thence North and
parallel with the west line thereof 897.2 feet to the north line thereof; running thence West
along the north line thereof 485.52 feet to the point of Beginning.
EXCEPT FOR: That property previously convened to Quentin W. Nordeen and Evelyn E.
Nordeen by warranty deed dated April 7, 1959, recorded April 7, 1959 in Book 219 of Deeds,
page 275 which is more particularly described as follow:
All of that part of the Southwest quarter (SW1/4) of the Northwest quarter (NW 1/4)of
Section Four (4), Township Twenty-nine (29) North, Range Twenty (20) West,
Washington County, Minnesota, described as follows:
Beginning at a point on the West line of the Southwest Quarter of the Northwest Quarter
(SW 1/ of NW 1/) of Section Four(4), Township Twenty-nine (29)North, Range Twenty
(20) West, Washington County, Minnesota, Seven hundred ninety-seven and two-tenths
(797.2) feet South of the Northwest (NW) corner of said Southwest Quarter of the
Northwest Quarter(SW '/ of NW 1/) Section Four (4); thence South along said West line
of Southwest Quarter of the Northwest Quarter (SW 1/ of NW '/)One hundred (100) feet;
thence East and parallel with the North line of the said Southwest Quarter of the
Northwest Quarter (SW 1/ of NW 1/) One hundred eight-three (183) feet; thence North
and parallel with said West line of Southwest Quarter of the Northwest Quarter(SW % of
NW %) Section Four (4), One hundred (100) feet; thence West and parallel with said
North line of Southwest Quarter of the Northwest Quarter (SW '/ of NW '/) of Section
Four(4), One hundred eighty-three(183) feet to the point of beginning.
and EXCEPT that property previously conveyed to Jordyce M. Johnson, dated May 10, 1963 in
Book 262 of Deeds, page 346; AND to Simon O. Johnson 1963, recorded October 14, 1963 in
Book 262 of Deeds,Page 346 which is more particularly described as follows:
The North One hundred fifty-three (153.0) feet of the West Four hundred eighty-five and
fifty-two hundredths (485.52) feet of the Southwest Quarter of the Northwest Quarter
19
Page 106 of 120
(SW '/a of NW '/) of Section Your (4), Township Twenty-nine (29) north, Range Twenty
(20)West, according to the United States Government Survey thereof
and EXCEPT that property previously conveyed to Allan T. Palmer and Georgann E. Palmer by
warranty deed dated April 20, 1972, recorded April 21, 1972 in Book 316 of Deeds, page 161
which is more particularly described as follows:
That part of the Southwest Quarter of the Northwest Quarter(SW '/ of NW '/) of Section
4, Township 29 N, Range 20 W, described as follows:
Beginning at a point on the West line thereof 153 feet South of the Northwest corner;
thence East parallel with the North line 485.52 feet more or less to intersect the West line
of Tract A of Registered Land Survey No. 70; thence South along said West line of
Registered Land Survey 100 feet; thence West parallel with the North line of said
Southwest Quarter of the Northwest Quarter (SW '/ of NW '/) to the West line thereof;
thence North along the West line 100 feet to the beginning.
TO BE PLATTED AS
(insert lots and blocks}
PALMER STATION
20
Page 107 of 120
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Page 108 of 120
12
Oak Park Heights
Request for Council Action
Meeting Date September 23d.2014
Time Required: 5 Minutes
Agenda Item Title: BCWD—Norrell Ave. Pond Proposal
Agenda Placement New Business
Originating Departnient/Req or ohnso Ci Administrator
Requester's Signature
Action Requested ee Be
Background/Justification(Please indicate if any previous action has been taken or if other public
bodies have advised):
The City has been approached by the Brown's Creek Watershed District(BCWD)to support the possibility of some
pond amendments to the Norrei Ave.Pond as owned by the City to reduce phosphorus load.The proposal would be
to install some form of a weir or other"in-water"barrier that would require the water to sit in the pond slightly
longer before exiting to the Menards Pond to the west.By this additional retention it is estimated that 12.6 lbs.of
phosphorus could be prevented from ending up downstream.
This project would cost an estimated$43,000,including design and construction and 75%would be funded by a
possible Clean Water Fund Grant.25%would be from BCWD or$10,750.00.
The BCWD is looking for overall support of this concept,but have indicated that ifthe City would consider a
small contribution to the project,for example Y2 of the matching funds$5,37(00 h would aid in the competitive
scoring,would be appreciated,but not necessary.
If the Council feels it would like to contribute financially to this project this amount may come from the City Storm
Water Fund which has a current balance of$122,484.
Page 109 of 120
B ROW N ' S 43$ tiAY WARD AV F. N
OAKDALE . MN
CREEK
.sslza
WATERSHEDaS1,�t,30.8"2°20 \26 1 I'll c'PN1:1
DISTRICT `w,n W-0cwr).L-)R(j
September 17,2014
City of Oak Park Heights
c/o Eric Johnson,Administrator
PO Box 2007
Oak Park Heights,MN 55082
Dear Eric,
The Brown's Creek Watershed District(BCWD)has been working with the City of Oak Park Heights to reduce nutrient
loading to Long Lake over the past several years. As you know,the BCWD has recently completed a feasibility study
within the Oak Park Heights Retail Subwatershed and met with you last week to share the results.
Our mecting revealed that there may be a good opportunity for the BCWD and the City to partner to retrofit the
stormwater pond off of Norell Ave in Oak Park Heights just south of Hwy 36(between the Walmart and Kohl's
Development). The study determined that this pond is affected by short circuiting(water getting too quickly from the
inlet directly to the outlet),which decreases the time the sediment and pollutants can settle out. To reduce short circuiting
within the stormwater pond,the distance between the inlet pipe and the outlet pipe must be increased. The recommended
means of accomplishing this is by driving vinyl sheet piling into the pond bottom to increase the flow path without
reducing the pond volume. The feasibility study estimates the total cost(including design and construction)to be$43,000
for the retrofit. The project has the potential to remove up to 12.6 pounds of total phosphorous(TP)and 2,914 pounds of
total suspended solids(TSS)from getting into the Menards ponT,reesulting in a removal of 2.1 lbs/year of TP and 362
lbs/year of TSS from ultimately getting into Long Lake. This is quite a lot when considered that a pound of phosphorous
can grow up to 500 pounds of algae in our lakes.
The 2015 Clean Water Fund grant applications are due on September 26,2014_ This project would be eligible for up to
75%grant funding($32,250),with a 25%match required from non-state funding($10,750). If BCWD submits this
project for grant funding,there is no obligation to accept the grant if awarded in January 2015. However,we would have
a better chance of being selected if the City has expressed support for the project.BCWD would provide the matching
funds,but could score better if the City would also participate financially. If we are selected and accept the grant,
the project would be required to be completed by December 2017 and there would be an obligation to keep the practice in
place for a minimum of 10 years.
I will try to send you a photo example of a similar type project as soon as possible to add in your decision. Feel free to
contact me if you have any additional questions or concerns.
Best gards,
Kates Kill
Managers:
Craig Leiser,President • Gail Pundsack,Vice-President • Gerald Johnson,Secretary
• Connie TaBlon,Treasurer • Sharon Schwarxe,Vice-President:
Page 110 of 120
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Analysis
Oak Park Heights Retail Subwetershed pew j June 18,2014
To! BCWD Board of Managers
Cc Karen IGN,DistrictAdmiruatntor
From Pat Conrad, Mike Talbot--FOR
Regarding P8 Model Phosphorus Rernovsl Ups
Background
In fall 2013,the Oak Park Heights Retail Area portion of the Long Lake P8 model(the portion
discharging to the Menards Pond)was extracted from the larger model to decrease model run time and
increase efficiency in the assessment of proposed stormwater Improvements.Based on questions asked
by the Board of Managers,the model was updated to again include the remainder of the watershed in
addition to proposed improvements to the Retail Area,allowing for analysis of the phosphorus removal
effidency along the entire treatment train to Long Lake.
As expected,when the entire watershed was t iknen into consideration,the model indicated diminishing
returns in total phosphorus removal for' implemented further down the treatment train
(i.e.closer to Long Lake).A deWIed analysis revealed that a large portion of the additional phosphorus
that was predicted to be removed by the improvements in the Retail Area was already being removed in
existing structures further down the treatmenttrain,resulting in diminishing returns nearer Long Lake.
Consequently,while TP reduction within the Retail Area was significantly increased,the overall TP
loading to Long Lake was typically reduced by 70-80%less than would be suggested by the numbers for
the Retail Area alone The analysis also showed that as stormwater is passed through the treatment
train,the amount of dissolved P(DP)as a percentage of total phosphorus(TP)remaining in the effluent
increases from 43%to 8346.
In the memorandum provided to the BCWD Board of Managers on Nomnber 11t,2013,a
recommendation was made to implement Option 8,which included Proposed Improvements A,B,&C.In
this option,TP loads were reduced by 24.81bs/yr in the retail areal,but were reduced by only 6.8 Ibs/yr
at the Inlet to Long Lake,This increases the estimated cost per pound of phosphorus removed by this
improvement option from$156 to$570.The updated Cost/Henefit table is provided below.
Co enefit Table:U dated to reflect overall impact at Long Lake
Option lbs/year Redu�� Proposed Impnmement dent C(20-b T�span
Reduction assumed)
1 2.1 362 ®iminate short circuitIng In Kohls $74,000 $1,762
and North Walmart Ponds
2 0 19 Increase partide settling time In $3,500 -
Kohis Pond
3 1.9 112 Micavate Koh Pond for
increased intlltration $86,000 $2,253
7 6.8 751 All $163,500 $1,202
8*' as 751 All $77,500'" $570
V3 Cost based upon Vinyl sheet pIWW option.
r*)Excavation of kohl's Pond paid by entity responsible for pond maintenance.
FOR is an Equal Opportunity Affirmative Action Employer
Emmons&Olivier Resoun es,Ina 951 14ale Ave N Oakdale,MN 55128 TI651.TMS 9 F/551.770.2552 www.eorinc.com
12 of 47
Page 112 of 120
memo
2 of 2
Recommendation
While the cost benefit numbers have increased,it is still recommended to pursue the improvements.
Specificft we recommend determining the appropriate entity responsible for maintaining the Kohrs
Pond and discussing their willingness to participate in the project.
The shift in the composition of TP from being dominated by particulate P(PP)in the Retail Area to being
dominated by DP at Long Lake suggests that stormwater BMPs targeting DP should be primarily
considered in future stormwater improvement projects.
Emmons 8 Olivier Resources, Inc.
13of4951 Hale Ave N, Oakdale, MN 55128 p: 661.770,0448 f. 651,770.2552 www.eorinc.com
Page 113 of 120
a
6
E01
67 Rite Avenue NoM Oakdale,lillnnssota 561W bdephon .8111776 SM fscsimlle.e51.77R2W www.eorinc.com
Date November 11, 2013
To BCWD Board of Managers
cc Karen Kill, BCWD
From Derek Lash, P.E., Brad Aldrich RLA and Cedlio Olivier P.E.
Regarding Oak Park Heights Retail Area Stormwater Modeling and Retrofits
Background
The District's 2006 Long Lake Management Plan identified several key areas in the Long Lake
watershed where storrnwater water quality management was underperforming. In February 2013
a subwatershed analysis work plan was proposed, and the purpose of this update is to summarize
the outcome of the study.
The study area occupies the retail and commercial shopping area properties located along 60th
Street North(Highway 36 south frontage road)between Nova Scotia Avenue and Krueger Lane(see
attached figures 1 and 2). These properties include Lowe's,Walmart, Kohl's/TJ Maxx, and several
small properties such as Applebee's, Buffalo Wild Wings, and Autozone. The overall intent of the
analysis was to evaluate potential stormwater retrofit opportunities for the existing stormwater
management facilities within the study area.
Project Update
Data Collection
A data gap field survey was performed to determine stormwater management pond sizes including
width, length, bottom elevations and inlet or outlet pipe &manhole configurations. Based on the
investigation, several ponds were determined to be shallower than originally designed It is
assumed that collected sediment is the main reason pond capacities have been reduced. The
investigation also showed that inlet and outlet pipes&manholes are close to one another,resulting
in short circalting and a significant reduction in treatment sagacity,
In addition to field surveying the existing ponds, a detailed reconnaissance of the study area was
conducted to determine if additional stormwater management practices could be implemented into
the retail and commercial shopping area properties. The opportunities and constraints of making
improvements to existing BMP's and introducing new BMP's were explored. Factors such as runoff
conveyance and volumes, vehicular and pedestrian traffic patterns, open spaces and landscaping,
visual sight lines to retail areas, and visible utility conflicts were taken into consideration. In
general the large expanse of existing asphalt provides numerous opportunities to introduce
effective BNP's. Balancing the introduction of these BMP's with parking and traffic concerns was
the primary factor in creating the Retail Area Subwatershed Evaluation Analysis Map(figure 2).
umfidwil
Following the field survey and reconnaissance,water quality modeling was completed using Pe to
determine the level of underperformance for existing pond conditions, as well as to assess the
potential increase in efficiency of various pond improvements.
An Equal Opportunity Affirmative Action Employer
14 of 47 Emmons & Olivier Resources, Inc. water I ecology I community
Page 114 of 120
memo
2 of 5
Under the existing conditions, the study area exports about 71.2 pounds of phosphorus and
approximately 9,840 pounds of sediment to the Menard's pond on an average annual basis. The
water quality modeling identified three ponds with low performance,contributing to the export of
phosphorus.These include the Kohl's pond,the North Walmart pond,and the Applebee's pond.
The performance of the Kohl's pond and the North Walmart pond are affected by short circuiting
and sedimentation (reduction of available wet volume). Short circuiting decreases the hydraulic
residence time by reducing the flow path of stormwater entering and leaving a pond.A reduction in
flow path decreases the amount of pollutants removed from a stormwater management facility.
This. in addition to collected sediment and reduced pond volume, significantly reduces the pond
sediment and phosphorous removal efficiency.
Modeling for proposed improvements to the Kohl's and North Walmart ponds was performed fbr
three modification scenarios.The proposed improvements include:
1. Eliminate short circuiting in both ponds.
2. Increase the particle settling time of the Kohl's pond by modifying the outlet and allowing the
water surface elevation to bounce higher far small storm events.
3. Excavate the Kohl's pond to remove the clay liner and allow infiltration.
By implementing any combination of these proposed improvements, the annual amount of
phosphorous exported to the Menard's pond (currently 71.2 lbs/year) is reduced between 0.8
lbs/year and 24.8 lbs/year(or between 1.1%and 34.9%).
Ponding
To define and analyze the cost/benefit of the potential improvements, design concept plans and
preliminary costs were developed and are described in the following paragraphs,
A. Eliminate short circuiting
To reduce short circuiting in the Kohl's and North Walmart ponds, the distance between the inlet
pipe and outlet pipe must be increased. This can be accomplished by one or a combination of
several methods such as vinyl sheet piling earthen berm,vinyl curtain barrier,or by reconstruction
of inlet or outlet pipes.
The first option is to construct an earthen berm between the inlet pipe and the outlet pipe, and
extend it into the pond approximately 1/3 the length of the pond.By adding earthen material to the
pond,the volume will be reduced and additional excavation will be required.
The second option is to redirect the inflow water by relocating the end of the inlet pipe.This can be
accomplished by adding manhole structures and storm sewer piping that relocates the inlet pipe
further from the outlet pipe.This is not feasible for the Kohl's pond due to space constraints.
Additional options include vinyl sheet piling driven into the pond bottom or floating silt curtain
anchored to the pond bottom.Both of these options produce the same result as option 1,but do not
reduce the pond volume.
Emmons 8 Olivier Resources, Inc.
651 Hale Ave N, Oakdale, MN 55128 p: 651.770.8446 f: 851.770.2552 www,eorinc.com
15 of 47
Page 115 of 120
memo
3of5
Kohl's Pond
Option Method Design& Construction& Total
Observation Maintenance
1 Earthen Berm $7,500.00 $26,000.00 $33,500.00
2 Storm Sewer NIA NIA N/A
3 Vinyl Sheet piling $6,000.00 $25,000.00 $31,000.00
4 Floatin Silt Curtain $3 500.00 $20,000.00 $23,500.00
North Walmart Pond M012f�LL.-, P
Option Method Design& I Construction& Total
Observation Maintenance
1 Earthen Berm $10 000.00 $35.000.00 $45,000.00
2 Storm Sewer $15,000.00 $40,000.00 $55.000.00
3 Vinyl Sheet Piling $8,000.00 $35,000.00 $43,000.00 +
4 Floating Silt Curtain $5,000.00 $28,000.00 $33 000.00
B. increase particle settling time
To increase particle settling time in the Kohl's pond,the water depth and surface area of the pond
need to both increase. By fastening a metal plate with a V-notch to the outlet pipe, both of the
above-mentioned parameters can be meet for small storm events.
Kohl's Pond
Option Method Design& Construction& Total
Observation Maintenance
1 Metal V Notch Plate $1,000.00 $2,500.00 $3,500.00
C. Excavate pond far infiltration
By excavating the Kohl's pond and removing the clay liner,infiltration may be accomplished.
Kohl's Pond
Option Method Design& Construction& Total
Observation Maintenance
1 Excavation and Restoration $161 00.00 $70,000.00 $86,000.00
Emmons & Olivier Resources, Inc.
651 dale Ave N, Oakdale, MN 55128 p. 651.770.8448 f: 651.770.2552 www.eorine.com
16 of 47
Page 116 of 120
memo
4 of 5
The overall potential cost to reduce the phosphorous exported to the Menard's Pond is as follows:
Cost/Ben Table
TP lbs/year TSS Ibs/year Proposed Improvement Cost/Lb TP
Option Reduction Reduction Improvement Cost Removed(20-year
life span assumed
1 12.5 2,914 A* $74,000 $293
2 0.8 294 B $3,500 $219
3 6.0 926 C $86,000 $717
4 6.9 1,325 B&C $89,500 $648
5 14.4 3,450 A*&B $77,500 $269
6 23.9 4,520 A*&C $160,000 $334
7 24.8 4,843 A*,B&C $163 500 $330
8 ��.8 •• x,843 A* S�� �� : : - $•�'$.�
(*)Cost based upon Vinyl sheet piling option.
r*)Excavation of Kohl's Pond paid by entity responsible for pond maintenance.
StarmwaterRetrofits
Several opportunities were identified for a range of BMP's found in the attached Retail Area
Subwatershed Evaluation Analysis Map. Raingardens,pond enhancements, conveyance re-routing,
swale enhancements, existing catch basin modifications, and opportunities to convert impervious
surfaces to pervious were all identified (see figure 2). There are several opportunities to convert
parking spaces to raingardens in areas that are already collecting runoff, are adjacent to existing
parking islands or green space,are easily connected to existing infrastructure,and are located away
from business front doors to limit reduced parking impacts. Several of the recommended BMP's
would provide multiple benefits to the retail area beyond stormwater, most notably increased
aesthetic interest Raingardens and plantings can help beautify the entry drives and parking lots,
and introduce greater green space in the vast expanse of uninterrupted asphalt One of the
recommendations that impacts traffic circulation includes re-routing an access drive at the north
end of Walmares parking lot. Changing the drive aisle and parking configuration would allow the
undersized Applebee's pond to be expanded significantly and would improve traffic flow issues on
the north side of the parking lot
Analysis& Recommendations
The Cost/Benefit table above indicates the following-
* Improvement B results in the lowest cost/benefit,but the net removal is very low(0.8 Ibs/year
of TP).
* Improvement A represents a good balance between a low cost/benefit and a reasonable net
removal(12.6 lbs/year of TP).
• Improvement C shows the highest cost/benefit ratio, but it is a crucial requirement for
Improvements A& B to operate at the expected efficiency. In other words, a sediment-loaded,
unmaintained, and shallow Kohl's pond will significantly reduce the assumed TP removal
efficiency of eliminating short-circuiting (Improvement A) and incorporating a V-notch outlet
(Improvement B).
Emmons & Olivier Resources, Inc.
17of471 Hale Ave N, Oakdale, MN 55128 p: 851.770.8448 f_ 851.770-2552 www_eorinc.com
Page 117 of 120
memo
5Of5
Our recommendation is to perform Improvements A, B and C.Since Improvement C(excavation for
infiltration) is mainly a maintenance issue, we recommend that the cost associated with sediment
removal and bringing the pond to design depth not be the responsibility of the HCWD. We also
recommend that for efficiency and cost-reduction reasons, all three improvements be constructed
concurrently. Options 7 and 8 in the table above show the approximate cost liability for the BC
under the scenario of financing improvements A,B and C and financing improvements A and B.
In addition, we also recommend that the additional local BMPs shown in the Retail Area
Subwatershed Evaluation Analysis Map (figure 2) will be assessed for feasibility, constructability,
pollutant removal potential and cost-effectiveness. This will require very close interaction and
coordination with local business and the City of Oak Park Heights, but the stormwater, aesthetic
and traffic Row benefits of implementing these concepts maybe be considerable.
Requested Action
No action is required at this point:The Board may want to discuss the above recommendations and
guide the next steps.
Emmons & Olivier Resources, Inc,
651 Hale Ave N, Oakdale, MN 55128 p: 851.770.8448 f: 651.770.2552 www.eorinc.com
18 of 47
Page 118 of 120
Oak Park Heights 13
Request for Council Action
Meeting Date September 23, 2014
Agenda Item Party in the Park 2015
Time Req. 5
Agenda Placement New Business
Originating Department/Requestor Admi ' ation/Jennifer Pinski
Requester's Signature
Actioia Requestcd Set Date, Time, and Location for Party in the Park 2015
Background/Justification(Please indicate any previous action has been taken or if other public
bodies have been advised).
A few members of the Party in the Park Committee were able to meet on September 11, 2014 to
discuss planning for the 2015 Party in the Park.
The Committee is recommending that Party in the Park be changed from the first Sunday after
Labor Day to the first Thursday in September from 4:30 p.m. to 6:30 p.m. at Brekke Park.
The Committee will be meeting again in January to discuss possible themes for the event,but
they are recommending that the event move away from the"Ice Cream Social"theme and go
back to serving hot dogs and encouraging local restaurants to come and serve food.
Please discuss these recommendations, and take action to designate the date, time, and location
for Party in the Park 2015.
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