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03-24-2015 Council Packet
CITY OF OAK PARK HEIGHTS TUESDAY, MARCH 24, 2015 CITY COUNCIL MEETING AGENDA 7:00 P.M. 7:00 p.m. I. Cali to Order_/Pledge of Allegiance/Approval of Agenda Estimated times 7:05 p.m. II. Council/Staff Rgports A. Mayor McComber B. Councilmember Dougherty C. Councilmember Liljegren D. Councilmember Runk E. Councilmember Swenson F. Staff • Recycling Award (pg.3) 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). A. Presentation by Tom Nelson, Superintendent, Stillwater Area Public Schools,to share information on upcoming bond request(pg. 7) B. Presentation by Mike Beer, Project Manager, MNDOT, to give update on Spring/Summer Construction (no enclosure) 7:15 p.m. IV. Consent Agenda(Roll Call Vote) A. Approve Bills & Investments B. Approve City Council Worksession Notes—February 24, 2015 (pg. 11) C. Approve City Council Minutes—February 24, 2015 (pg. 13) D. Approve City Council Worksession Notes—March 18, 2015 (pg. 17) E. Approve Pay Request#7—Hardrives—Street Reconstruction$160,752.62 (pg. 19) F. Award 2015 Linear Park Planting Project to Instant Green Tree Planting(pg. 27) G. Authorize Staff to Enter into Agreement with Green Touch Lawn Care for Lawn Care Service(pg. 37) H. Authorize Staff to Enter into Contract with St. Croix Sweeping for Street Sweeping(pg. 41) 7:20 p.m. V. Public Hearines None 7:20 p.m. VI. Old Business A. St. Croix River Crossing Project Update (no enclosure) B. Street Reconstruction Update (no enclosure) 7:25 p.m. VII. New Business A. Stillwater Motors— Sign Variances at Dealership 5900 Stillwater tY1vcf f1R�pg. 55) Agenda March 24,2015 Page 2 B. Approve Developer's Agreement—Palmer Station Development— 13 Single Family Units (pg. 107) 7:40 p.rn. VIII. Other Council Items or Announcements 7:45 p.m. IX. Adjournment Page 2 of 132 Oak Park Heights Request for Council. Action Meeting Date March 24, 2015 Agenda Item Reg cling Award Time Req. 0 Agenda Placement Staff Reports Originating Department/R.equestor Administration/Jennifer Pinski Requester's Signature"-- ,", Action Requested Receive Information Background/Justification(Please indicate any previous action has been taken or if other public bodies have been advised.). See Attached. Page 3 of 132 l.. 1 S City of Oak Park Hei fits •�•���IIIAr�1`�IIIIIAA��YIy��IYUYYY 14168 Oak Park Blvd. N•Box 2007.Oak Park Heights,MN 55082.Phone(651)439-4439•Fax(651)439-0574 March 13, 2015 Tom and Lynn Foster 5569 Ozark Avenue North Oak Park Heights, MN 55082 Dear Mr. and Mrs. Foster: Thank you for participating in the City's recycling program. As an incentive to recycle and to increase fire prevention awareness, the City rewards two residents each month with their choice of an award of $25.00 or a fire extinguisher and/or smoke detector(s). Your residence was checked on Thursday, March 5, 2015, 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's4 - r �'` Jeh-q�fler Pinski Deputy Clerk TREE CITY U.S.A. Page 4 of 132 1, City of Oak Park Heights 14168 Oak Park Blvd. N.Box 2007.Oak Park Heights,MN 55082.Phone(651)4394439.Fax(651)439-0574 March 20, 2015 Lori Foley 5646 Penrose Avenue North Oak Park Heights, MN 55082 Dear Ms. Foley: Thank you for participating in the City's recycling program. As an incentive to recycle and to increase fire prevention awareness, the City rewards two residents each month with their choice of an award of $25.00 or a fire extinguisher and/or smoke detector(s). Your residence was checked on Thursday, March 19, 2015, 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. Congratulatians! Jennifer Pinski Deputy Clerk TREE CITY U.S,A. Page 5 of 132 THIS PAGE IS INTENTIONALLY LEFT BLANK tA Page 6 of 132 i rt Oak Park Heights Request for Council Action Meeting Date March 24, 2015 Agenda Item Presentation by Stillwater Area Public Schools Time Req. 0 Agenda Placement Visitor's/Public Comment Originating Department/Requestor Administration/Jennifer Pinski. Requester's Signature Action Requested Receive Information Background/Justifi cation (Please indicate any previous action has been taken or if other public bodies have been advised). Mr. Tom Nelson, Superintendent of Schools, will be here to share information about their upcoming bond request. Page 7 of 132 3/20/2015 BUILDING THE FUTURE f Bond 2°ngln racdles IL Aok- May 12 Bond Request �L °�ucy Watch the Building Our Future video Long-Range Facilities Plan Academics at heart of bond request Jan.to Oct. Committee of parents,citizens,staff Ninth graders at high school 2014 met to study facility needs,develop Sixth graders at middle schools recommendations • Preschool in elementary schools Nov.1.3,2014 Presented Long-Range Facilities Plan More equitable learning environments to school board —Classroom renovations — HVAC Nov.2014 40+meetings to gather public input - Science labs to Feb.2015 Less overcrowding,more efficient Feb.19,2015 School board accepted plan,set date use of space -New elementary school for bond election — Repurposed space • Expanded access to fields/gym spaces Proposed Facility Improvements SUItwateer Academic Opportunities High schOdl Pddgio,Nal clasmom,paces la n'nmh graders;remodel $dg,p25 O31 ce labs,upgrade musk roonn and ether leaml�sg:pages; Preschool Sixth Grade Ninth Glade �ne'at.. a•d eom mom as and imProe arru1a ;add pt,-J Mueatkn and 8Ym:Paces • Capacityto Teachers trained in Higher level courses, 0.m t.ryutaoh gecmftg P,Y 1 dA,roorm:uWda Hvac ar shoo- $a,soe,aso provide more contentarea (Advanced Placement, L,W,h ,lake net,Hy lake"Oak Park;upgrade Plara<op�pvha<:et al an aaememary:eiwok four-year-olds Higher level courses College in Schools), cnmatrvnionwnew sea«uwem NeMemaryaenod 525,7yp,prp with preschool for accelerated accelerated classes PnoceMz from thew;¢of VAW Crating Cemmundy School ($5,C30,0001 experience learning Nearly 11)0 elective • Asolidacademic Appropriate learning courses Otherdhtrlre upgrade¢oPOnysradmmemr,n�e,raarn,om�,aad $a,asa,caS heilitYfaft• eu;,.a:addisbnofnwkiPUrpusepracrkeaNet foundation spaces,like science Extra-curricular clubs, inhol— emta • Smooth transition Tabs,art rooms, activities and athletics Middldeh-% lbmnfiguretadmdes GB;renwdel oak-Lad I,—High f5,300,app to kindergarten theaters,etc. College and career nee aka;HVac-pgrade ato!,A.ndand stir.W pn After-school clubs, planning highuhook sports and activities High school experience fapltagaed tnr.rest Par me:rear pormmrot>R rmK P,r,nme SSW,281 Bus terminal Comrun'ks of bus/mamenarKegarage lby d&com.inuing $3,500,ptq rmnl leaseave would:'ape obout sZ8,00pannualy toaw Stillwater general t d, AREA C y rPm,nrrc Referendum Request(bond sale) $97.5 million is Page 8 of 132 1 3/20/2015 Elementary School Upgrades Middle School Upgrades All elementary schools School-specific upgrades • Reconfigure to a grades 6-8 middle school • Reconfigure topreK-5 Add air-conditioning • Add air-conditioning elementary schools (AL,LE,LL,OP) E.panded science labs Renovate classrooms Renovate special education • Renovate0ak Land ' Q (preschool,arVSTEM,etc.) spaces(LE,SB) science labs ' • Install accessible playground Relieve overcrowding with • Renovate special surfaces new elementary school .d (AL,LEI education spaces ;. s j Stillwater Stillwater AIF'P„FL.'C SC-00 S High School Upgrades �tY� = _ • Reconfigure to a grades Expand cafeteria and 9-12 high school commons areas and s Add classroom spaces improve circulation ° for ninth graders Add physical education, • Remodel science labs fitness and gym spaces % • Upgrade learning Upgrade Pony Stadium spaces and multi-purpose u practice fields • Complete orchestra pit p 4) N Stillwater ear„PHRI iLS .'�5 < :.;!;°-'f°` ...Proposed high schoeF add4ion i New Elementary School J Space for Valley Crossing students and to relieve yovercrowding at Lake Elmo and Afton-Lakeland t 500+students Located in Woodbury ” , u. a, or Lake Elmo 0�_A Stillwater Stillwater Page 9 of 132 2 3/20/2015 �-- Help Us ji - BUILD THE FUTURE Vote May 12 www.stillwaterschools.org/Bond20l5 Stillwater Page 10 of 132 3 -PT-0 Oak Park Heights Request for Council. Action Meeting Date March 24, 2015 Agenda Item Approve City Council Worksession Minutes—February 24, 2015 Time Req. 0 Agenda Placement Consent Originating Department/Requester Administration/Jennifer Pinski Requester's Signature Action Requested Approve Background/Justification (Please indicate any previous action has been taken or if other public bodies have been advised). See Attached. Page 11 of 132 0 CITY OF OAK PARK HEIGHTS CITY COUNCIL WORKSESSION NOTES TUESDAY,FEBRUARY 24, 2015 AT 4:45 P.M. Present: Mayor McComber, Councilmember Swenson,Councilmember Dougherty, Councilmember Liljegren, Councilmember Runk, City Administrator Johnson, City Attorney Vierling, City Engineer Mlejnek,Finance Director Caruso,Attorney Mike McCain, and Deputy Clerk Pinski. Absent: None. 1. Call to Order: Mayor McComber called the meeting to order at 4:45 p.m. 2. Finance Department Positions: Attorney McCain of Eckberg Lammers reported that there was an opportunity for settlement versus a new position, and it looked like a new position would be created. He stated the City had authorized to offer the position to the employee with a start date of April 1 with medical certification. City Administrator Johnson reported it would be a union position. Mayor McComber stated they could add to the February 24 Consent Agenda to dissolve the Senior Accountant position and create the Utility Billing Technician position. No action taken. 3. Street Reconstruction: Mayor McComber reported that she met with the mayor of the City of Stillwater, and they were proposing to go back to their previous assessment policy. She stated they wanted to know if there was a way to split the difference in kind, such as snowplowing. Councilmember Runk stated he could not agree to that. City Administrator Johnson recommended offering a one-time offer of snowplowing in an equivalent amount as a way to meet in the middle. He stated action could be taken at the City Council meeting to send a letter to Shawn Sanders of the City of Stillwater. No action taken. 4. Adjourn: The meeting was adjourned at 5:13 p.m. Page 12 of 132 . R Oak Park Heights Request for Council Action Meeting Date March 24, 2015 Agenda Item Approve City Council Minutes—February 24, 2015 Time Req. 0 Agenda Placement Consent Originating Department/Requestor Administration/Jennifer Pinski Requester's Signature � � Action Requested Approve Background/Justification(Please indicate any previous action has been taken or if other public bodies have been advised). See Attached. Page 13 of 132 CITY OF OAK PARK HEIGHTS TUESDAY, FEBRUARY 24, 2015 CITY COUNCIL MEETING MINUTES I. Call to Order/Pledge of Allegiance/Approval of Agenda: Mayor McComber called the meeting to order at 5:16 p.m. Present: Councilmernbers Dougherty, Liljegren, Runk, and Swenson. Staff present: City Administrator Johnson, City Attorney Vierling, and City Engineer Mlejnek. Absent: City Planner Richards, Mayor McComber removed Consent Agenda Item F and New Business Item C and added "Eliminate Senior Accountant Position and Create Utility Billing Technician Position"to Consent Agenda as Item 1. Councilmember Swenson, seconded by Councilmember Liljegren,moved to approve the Agenda as amended. Carried 5-0. II. Council/Staff Reports: A. for McComber: She reported that Marty Hauble resigned from the Parks Commission; the Oak Park Crossing Park Plan Open Houses were set for March 14 at 10 a.m. and March 16 at 7 p.m.; the MSCWMO plan would be at City Hall for comments; she would be a facilitator at the joint legislative conference on February 26; and the next Parks Commission meeting was set for April 20. B. Councilmember Dougherty: No report. C. Councilmember LiljegEen: No report. D. Councilmember Runk: No report. E. Councilmember Swenson: No report. F. Staff: City Administrator Johnson reported that MNDOT was planning an open house for March 24 at City Hall. He also stated he attended the Bayport Fire Department Advisory Committee and they were going for bids on March 17. Deputy Clerk Pinski reported that Jaclyn and Mac Blair of 5790 Newberry Avenue North were chosen as the recycling award winners. III. Visitors/Public Comment: None IV. Consent Agenda: A. Approve Bills & Investments B. Approve City Council Minutes—February 10, 2015 Page 14 of 132 City Council Meeting Minutes February 24, 2015 Page 2 of 3 C. Approve City Council Worksession Notes--February 10, 2015 D. Approve License for Sale and Storage of Fireworks at Menards E. Adopt Resolution Supporting Dedicated Street Funding for City Streets F. REMOVED FROM AGENDA G. Approve Proclamation for April 24, 2015 as Arbor Day and May 2015 as Arbor Month H. Approve Liquor License Application for Stillwater Paint and Sip, LLC 1. Eliminate Senior Accountant Position and Create Utility Billing Technician Position. Councilmember Liljegren, seconded by Councilmember Runk, 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: City Administrator Johnson reported that the City received a set of as-builts from MNDOT and there were still many punch list items to be addressed. No action was taken. B. Street Reconstruction Update: City Administrator Johnson reported that the City Attorney sent an agreement on 62"d Street, Paris and Panama Avenues. Mayor McComber reported she met with the mayor of Stillwater and would like staff to continue conversations. No action was taken. C. Consider Holding_a City Council Worksesssi,on— SCRCP City Reimbursements: Councilmember Dougherty, seconded by Councilmember Swenson, moved to set a worksession for 6:00 p.m. on March 24 to discuss ways to move forward with MNDOT. Carried 5-0. VII. New Business: A. Xcel Energy— Interim Use Permit—Temporga Office Trailers at A.S. King plant: Councilmember Swenson, seconded by Councilmember Dougherty,moved to approve the Resolution. Roll call vote taken. Carried 5-0. B. Consider Cancelling or Rescheduling M4y 12 City Council Meeting Date: Councilmember Runk, seconded by Councilmember Dougherty, moved to cancel the May 12 City Council meeting. Carried 5-0. C. REMOVED FROMAGENDA VIII. Other Council Items or Announcements: Page 15 of 132 City Council Meeting Minutes February 24, 2015 Page 3 of 3 Mayor McComber reported that Robin Anthony's father passed away and the City sent condolences. IX. Adiournment Councilmember Swenson, seconded by Councilmember Liljegren, moved to adjourn the meeting at 5.34 p.m. Carried 5-0. Respectfully submitted, Approved as to Content and Form, Jennifer Pinski Mary McComber Deputy Clerk Mayor Page 16 of 132 r . y. Oak Park Heights Request for Council. Action Meeting Date March 24, 2015 Agenda Item Approve City Council Worksession Minutes—March 18, 2015 Time Req. 0 Agenda Placement Consent Originating Department/Requestor Administration/Jennifer Pinski Requester's Signature — Action Requested Approve Background/Justification(Please indicate any previous action has been taken or if other public bodies have been advised). See Attached. Page 17 of 132 0 CITY OF OAK PARK HEIGHTS CITY COUNCIL WORKSESSION NOTES WEDNESDAY, MARCH 18,2015 AT 5:30 P.M. Present: Mayor McComber, Councilmember Swenson, Councilmember Dougherty, Councilmember Liljegren, Councilmember Runk, City Administrator Johnson, City Attorney Vierling, City Engineer Mlejnek, Public Works Director Kegley,Finance Director Caruso, and Deputy Clerk Pinski. Absent: None. 1. Call to Order: Mayor McComber called the meeting to order at 5:30 p.m. 2. St. Croix River Crossing—Billing Update: City Administrator Johnson stated that the City had sent a request for payment to MNDOT in January and they requested an extension and more information. He stated the City granted an extension to April and sent a variety of documentation. He reviewed options on how to proceed that were outlined in a memo dated March 18, 2015. Mayor McComber suggested that the first place to start was with the Governor. She stated she wanted to know the Governor's intent and suggested that she, Councilmember Swenson,and City Attorney Vierling go meet with the Governor. Councilmember Dougherty suggested that City Administrator Johnson be in attendance for that meeting as well. Councilmember Swenson suggested setting that meeting as soon as possible since the deadline for MNDOT was April 9. He suggested the mayor send a letter to the Governor with a summary and request a meeting. Councilmember Dougherty stated the meeting should not be a negotiation,but should be a meeting to determine the Governor's intent. Mayor McComber suggested that she, Councilmember Swenson, and City Administrator Johnson. meet to discuss talking points, send a letter to the Governor, schedule an appointment with the Governor, and prepare a Resolution. Councilmember Swenson suggested waiting to prepare a Resolution until after they receive a response from MNDOT, and the City Council could proceed based on MNDOT's response. Mayor McComber stated she would call the Governor's office to schedule a meeting. Finance Director Caruso provided the City Council with a memo on bridge project funding. No action taken. 3. Adjourn: The meeting was adjourned at 6:00 p.m. Page 18 of 132 Oak Park Heights Request for Council Action Meeting Date March 24 2015 Time Required: 1 Minute Agenda Item Title: Approve Pa�reguest#7—Hardrives— Street reconstruction $160.752.16 Agenda Placement Consent Agenda Originating Department/Requestor Betty Caruso, Finance Director Requester's Signature Action Requested Approve Pay request#7 —Hardrives Street reconstruction $160,752.16 Background/Justification(Please indicate if any previous action has been taken or if other public bodies have advised): Invoice has been reviewed by Administration and Finance and is recommended for payment by the engineers. Stantec letter and invoice are attached. ti Page 19 of 132 St te.r!`ice C- 2335 Highway 36 West,S1. Paul MN 55113-3819 March 19, 2015 File: 193801994 Attention: Eric Johnson City Administrator City of Oak Park Heights 14168 Oak Park Boulevard North P.O. Box 2007 Oak Park Heights, Minnesota 55082 Dear Eric, Reference: 2014 Street Reconstruction- Pay Request#7 Enclosed please find three copies of Partial Pay Estimate #7 for the above-referenced project. Hardrives Inc. and Stanfec have approved and executed this partial payment. Please execute all three copies, return one copy to Stantec, return one copy to Hardrives Inc. with payment check and retain one copy. Please let me know if there are any questions. Regards, Stantec U�Oot I Cristina Mleinek, P.E. Project Manager Phone: (651) 967-4619 Fax: 651-636-1311 cristina.mlejnek @5tantec.com Attachment: Partial Pay Estimate #7 (three copies) c. File me document33 Page 20 of 132 Owner: City of Oak Park Heights,P.O.Box 2007,Stillwater,MN 55082 Date: March 20,2015 Stantec For Period: 12/9/2014 to 3/20/2015 Request No: 7 Contractor. Hardrives,Inc.,14475 Quiram Dr.,Rogers,MN 55374 CONTRACTOR'S REQUEST FOR PAYMENT 2014 STREET RECONSTRUCTION STANTEC PROJECT NO. 193801994 SUMMARY i Odg€nal Contract Amount $ 3,387,731.66 2 ChangeOrder-Addition $ 27,385.04 3 Change Order-Deduction $ 0.00 4 Revised Contract Amount $ 3,415,116.70 5 Value Completed to Date $ 3,234,971.14 6 Material on Hand $ 000 7 Amount Earned $ 3,234,971.14 8 Less Retainage 2% $ 64,699.42 9 Subtotal $ 3,170,271.72 10 Less Amount Paid Previously $ 2,760,519.56- 11 Liquidated dom ages-®$1500 per day for 166 days $ 249,000.00 12 AMOUNT DUE THIS REQUEST FOR PAYMENT NO. 7 $ 160,752.16 Recommended for Approval by: STANTEC L'- Approved by Contractor. Approved by Owner; HAVES, INC. CITY OF OAK PARK HEIGHTS Specified Cpntrpct Completion Date: Date: 493801994RE07,ksm Page 21 of 132 Contract Unit Current Quantity Amount No. Item Unit Quantity Price Quantify to Date to Date PART 1 -STREETS 1 MOBILIZATION LS 1 134263.29 1 $134,263.29 2 TRAFFIC CONTROL L5 1 5882.43 1 $5,882.43 3 TEMPORARY MAIL LS 1 4812.90 1.15 $5.534.84 4 INLET PROTECTION EA 34 69.52 73 $5,074.96 5 SILT FENCE,TYPE MACHINE SLICED LF 1400 2.04 50 555 $1,132.20 6 REMOVE LANDSCAPING LS 1 5347.67 1 $5,347.67 7 REMOVE SIGN EA 50 32.09 8 $256.72 8 REMOVE STREET SIGNS EA 21 53.48 26 $1,390.48 9 SALVAGE AND REINSTALL SIGN EA 55 64.17 33 $2,117.61 10 REMOVE TREE EA 45 320.86 1 87 $27,914.82 11 REMOVE RETAINING WALL LS 1 3208.60 1 1 $3,208.60 12 REMOVE BOLLARDS LS 1 1497.35 1 $1,497.35 13 CLEARING AND GRUBBING,INCLUDING LARGE STUMP REMOVAL LS 1 6951.97 1 $6,951.97 14 REMOVE BITUMINOUS PAVEMENT SY 41300 1.39 40157.7 $55,819.20 15 SAWING BITUMINOUS PAVEMENT-STREET LF 720 2.26 430.34 $972,57 16 REMOVE CONCRETE CURB 8,GUTTER LF 8480 1.87 20 7297 $13,645.39 17 REMOVE BITUMINOUS DRIVEWAY PAVEMENT SY 2100 3.21 3451.52 $11,079.38 18 REMOVE CONCRETE DRIVEWAY PAVEMENT SY 480 3.21 814.31 $2,613.94 19 REMOVE CONCRETE WALK SF 1000 0.53 117.67 $62.37 20 REMOVE GRAVEL DRIVEWAY SY 260 1.07 173.19 $185.31 21 COMMON EXCAVATION (P) CY 22270 7.78 22270 $173,260.60 22 SUBGRADE EXCAVATION (CV) CY 4800 7.78 2691.18 $20,937.38 23 AGGREGATE BASE,CLASS 5 TN 24900 7.91 217.28 19736.51 $156,115.79 24 SELECT GRANULAR BORROW(MODIFIED) TN 9500 6.95 4892,94 $34,005.93 25 4"PVC PERFORATED DRAIN TILE,WITH COARSE FILTER AGGREGATE AND FILTER FABRIC LF 2500 4.76 1820 $8,663.20 26 BITUMINOUS MATERIAL FOR TACK COAT GAL 1775 2.52 1 185 1985 $5,002.20 27 TYPE SP 12.5 NON-WEARING COURSE MIXTURE(2,B) TN 3220 62.00 1.27 3362.29 $208,461.98 28 TYPE SP 12.5 WEARING COURSE MIXTURE (2,C) TN 3220 71.00 39.75 3115.64 $221,210.44 29 TYPE SP 9.5 BITUMINOUS MIXTURE FOR DRIVEWAYS(2,B) TN 365 145.00 161.49 827.65 $120,009.25 30 TYPE SP 9.5 BITUMINOUS MIXTURE FOR TRAIL(2,B) TN 60 75.00 69.91 $5,243.25 31 6"CONCRETE DRIVEWAY SF 3050 5.29 5076.1 $26,852.57 32 B618 CONCRETE CURB AND GUTTER LF 1480 9.89 1443 $14,271.27 33 SURMOUNTABLE CONCRETE CURB AND GUTTER LF 23980 9.14 23333.86 $213,271.48 34 CONCRETE WALK SF 2000 4.76 52 689.63 $3,282.64 35 CONCRETE PEDESTRIAN RAMP SF 200 5.29 545.11 $2,883.63 36 TRUNCATED DOME SURFACE SF 60 32.09 64 $2,053.76 37 SEEDING,INCLUDING SEED,FERTILIZER,AND WOOD FIBER BLANKET SY 900 2.37 1494.51 $3,54139 38 HYDROSEED WITH MULCH SY 28600 1.08 12700.46 $13,716.50 39 SELECT TOPSOIL BORROW CY 1570 19.04 2645.5 $50,370.32 40 SIGN PANELS SF 58 37.43 56.5 $2,114.80 41 STREET NAME BLADE SIGNS EA 21 336.90 19 $6,401.10 42 12'SOLID WHITE STOP BAR LF 215 6.42 $0.00 43 STREET SWEEPER(WITH PICKUP BROOM) HR 115 151.14 25.25 $3,816.29 TOTAL PART T -STREETS $1,580,437,45 PART 2-WATERMAIN 44 TEMPORARY WATER SERVICE LS 1 15508.24 1 $15,508.24 45 REMOVE WATERMAIN LF 7150 5.88 6017 $35,379.96 46 ABANDON WATERMAIN LF 950 12.30 1750 $21,525.00 47 REMOVE WATER SERVICE LF 2425 2.67 1599.7 $4,271.20 48 REMOVE HYDRANT EA 14 213.91 18 $3,850.38 49 REMOVE VALVE AND BOX EA 31 106.95 16 $T,711.20 50 ROCK EXCAVATION'-WEATHERED CY 60 106.95 $0,00 51 ROCK EXCAVATION-HARD CY 30 133.69 $0,00 52 SAND CUSHION LF 700 2.67 $0.00 53 IMPROVED PIPE FOUNDATION LF 815 3.74 $0,00 183861994RE07.x1sm Page 22 of 132 Contract Unit Current Quantity Amount No. Item Unit Quantity Price Quantify to Date to Date 54 CONNECT TO EXISTING WATERMAIN EA 11 962.58 9 $8,663.22 55 6"DIP WATERMAIN, CLASS 52 LF 6010 35.83 510.7 5308 $190,185.64 56 8"DIP WATERMAIN,CLASS 52 LF 2840 42,78 2691 $115,120.98 57 DIRECTIONAL DRILL 6"PVC,0900 WATERMAIN, INCLUDING DUAL TRACER WIRE LF 620 55.62 1548.94 $86,15104 58 6"GATE VALVE AND BOX EA 38 1229.96 39 $47,968.44 59 8"GATE VALVE AND BOX EA 9 1657.78 10.27 $17,025.40 60 WATERMAIN OFFSET-6" EA 4 3369.03 $0.00 61 WATERMAIN OFFSET-8"' EA 3 3957.27 $0,00 62 HYDRANT EA 21 3689.89 21 $77,487.69 63 ADJUST HYDRANT EA 5 732.63 2 $1,465.26 64 DUCTILE IRON FITTINGS LB 4160 7.33 3433 $25,163.89 65 INSULATION-4"THICK SY 240 45.46 68.13 106.7 $4,850.58 66 1"CORPORATION STOP EA 99 197.86 96 $18,994.56 67 1"CURB STOP AND BOX EA 99 315.51 96 $30,288.96 68 1"TYPE"K"COPPER PIPE LF 2750 2636 2410.2 $63,532.87 69 2"CORPORATION STOP EA 2 481.29 4 $1,925.16 70 2"CURB STOP AND BOX EA 2 641.72 4 $2,566.88 71 2"TYPE"K"COPPER PIPE LF 130 35.83 187 $6,700.21 72 CONNECT TO EXISTING WATER SERVICE EA 92 26738 92 $24,598.96 73 DIRECTIONAL DRILL 1"COPPER WATER SERVICE LF 500 49.20 602 $29,618.40 74 WATER SERVICE CONNECTION INSIDE HOME EA 8 1604,30 6 $9,625.80 75 REPLACE WATER METER EA 8 855.63 6 $5,133.78 TOTAL PART 2-WATERMAIN $849,314.71 PART 3-SANITARY SEWER 76 REMOVE SANITARY SEWER CASTING AND RINGS EA 50 101.61 48 $4,877.28 77 REMOVE SANITARY SEWER PIPE LF 380 5.35 381.78 $2,042.52 78 ABANDON SANITARY MANHOLE EA 3 625.68 1 $625.68 79 ABANDON SANITARY SEWER PIPE LF 200 13.37 115 $1,537.55 80 BULKHEAD SANITARY SEWER PIPE EA 1 481.29 1 $481.29 81 REMOVE SANITARY MANHOLE EA 22 588.24 20 $11,764.80 82 8"PVC SANITARY SEWER PIPE-SDR 26 LF 215 32.35 215.33 $6,965.93 83 10"PVC SANITARY SEWER PIPE-SDR 26 LF 190 35.46 164.65 $5,838.49 84 CONNECT TO EXISTING SANITARY SEWER PIPE EA 39 855.63 31 $26,524.53 85 8"X4"PVC WYE EA 9 278.08 8 $2,224.64 86 4"PVC SANITARY SEWER SERVICE PIPE LF 310 25.88 49.1 253 $6,547.64 87 CONNECT TO EXISTING SEWER SERVICE EA 9 336.90 8 $2,695.20 88 IMPROVED PIPE FOUNDATION LF 70 4.28 335 335 $1,433.80 89 4'DIAMETER SANITARY SEWER MH EA 23 4545.52 19.51 $88,683.10 90 4'DIAMETER SANITARY SEWER MH WITH OUTSIDE DROP EA 1 30240.78 1 $10,240.78 91 SANITARY MANHOLE OVERDEPTH LF 77 294.12 60.05 $17,661.91 92 FURNISH &INSTALL NEW SANITARY MH CASTING AND RINGS EA 26 641.72 30.26 $19,418.45 93 SEWER REHABILITATION WITH CIPP,8" LF 1580 28.23 1580 1580 $44,603.40 94 SEWER REHABILITATION WITH CIPP,9" LF 1574 26.60 1469 1469 $39,075.40 TOTAL PART 3-SANITARY SEWER $293,242.38 PART 4-STORM SEWER 95 REMOVE STORM SEWER CASTING AND RINGS EA. 41 101.61 36 $3,657,96 96 REMOVE STORM SEWER MH OR CATCH BASIN EA 29 374.34 25 $9,358.50 97 REMOVE STORM SEWER PIPE LF 647 12.30 751.5 $9,243.45 98 12"RCP STORM SEWER,CL 5 LF 800 26.74 28 783 $20,937.42 99 15"RCP STORM SEWER,CL 5 LF 1065 28.34 83 1 150 $32,591.00 100 18"RCP STORM SEWER,CL 5 LF 1590 31.82 1528.5 $48,636.87 101 21"RCP STORM SEWER,CL 4 LF 95 37.27 70 $2,608.90 102 24"RCP STORM SEWER,CL 4 LF 70 42.25 6 88 $3,718.00 103 4'DIAMETER STORM SEWER MH OR CBMH EA 44 1871.68 38.00 $71,12384 104 5'DIAMETER STORM SEWER MH OR CBMH EA 2 2085.59 3 $6,256.77 105 6' DIAMETER STORM SEWER MH OR CBMH EA 2 2780.79 2 $5,561.58 193801894RE07.xism Page 23 of 132 Contract Unit Current Quantity Amount No. Item Unit Quantity Price Quantity to Date to Date 106 2'x3'CATCH BASIN EA 32 1764.73 30 $52,941.90 107 18"RCP FLARED END SECTION EA 1 561.51 0.98 $550.28 108 24"RCP FLARED END SECTION EA 1 802.15 1 $802.15 109 FURNISH &INSTALL NEW STORM SEWER CASTINGS-MH EA 6 727.28 5 $3,636.40 110 FURNISH&INSTALL NEW STORM SEWER CASTINGS-CB EA 6 828.89 7 $5,802.23 III CONNECT TO EXISTING STORM SEWER PIPE EA 18 411.77 14 $5,764.78 112 CONNECT TO EXISTING STORM STRUCTURE EA 7 614.98 9 $5,534.82 113 CONNECT TO STRUCTURE (DRAINTILE) EA 92 315.51 92 $29,026.92 114 DRAINAGE SWALE GRADING LS 2 1283.44 0.24 2.24 $2,874.91 115 CLASS III RIP RAP CY 30 77.01 15.56 $1,198.28 TOTAL PART 4-STORM SEWER $321,826.95 PART 5-STAGECOACH TRAIL NORTH-WATERMAIN IMPROVEMENTS 116 TEMPORARY WATER SERVICE-STAGECOACH TRAIL WATERMAIN IMPROVEMENTS LS 1 1336,92 1 $1,336.92 117 TRAFFIC CONTROL-STAGECOACH TRAIL WATERMAIN IMPROVEMENTS LS 1 3101.65 1 $3,101.65 118 REMOVE BITUMINOUS PAVEMENT SY 2000 1.39 1719 $2,389.41 119 SALVAGE AND REINSTALL AGGREGATE BASE SY 2000 1,39 1719 $2,389.41 120 AGGREGATE BASE,CLASS 5 TN 250 8.98 574.31 $5,157.30 121 REMOVE WATERMAIN LF 1025 5.88 497 $2,922.36 122 ABANDON WATERMAIN LF 930 12.46 1180 $14,702.80 123 REMOVE WATER SERVICE LF 200 2.67 $0.00 124 REMOVE HYDRANT EA 4 213.91 $0.pp 125 ABANDON HYDRANT EA 2 213.91 3 $641,73 126 REMOVE VALVE AND BOX EA 7 106.95 2 $213.90 127 ROCK EXCAVATION-WEATHERED CY 20 106.95 $0.00 128 ROCK EXCAVATION- HARD CY 20 133.69 $0.00 129 SAND CUSHION LF 200 2.67 $0.00 130 IMPROVED PIPE FOUNDATION LF 40 3.74 $000 131 CONNECT TO EXISTING WATERMAIN EA 2 962.58 2 $1,925.16 132 6"DIP WATFRMAIN,CLASS 52 LF 330 35.83 109.4 $3,919.80 133 8"DIP WATERMAIN,CLASS 52 LF 720 42.78 19 560 $23,956.80 134 6"GATE VALVE AND BOX EA 4 1229.96 2 $2,459.92 135 &'GATE VALVE AND BOX EA 1 1657.78 1 $1,657.78 136 HYDRANT EA 2 3689.89 1 $3,689.89 137 ADJUST HYDRANT EA 1 732.63 $0.00 138 DUCTILE IRON FITTINGS LB 500 7.33 379 $2,778.07 139 INSULATION-4"THICK SY 0 50.00 12.5 16 $800.00 140 1"CORPORATION STOP EA 5 197.86 5 $989.30 141 1"CURB STOP AND BOX EA 5 315.51 5 $1,577.55 142 1"TYPE"K"COPPER PIPE LF 225 26.47 7 $185.29 143 CONNECT TO EXISTING WATER SERVICE EA 5 267,38 5 $1,336.90 144 SEWER REHABILITATION WITH CIPP,9" LF 400 26.60 400 400 $10,640.00 TOTAL PART 5-STAGECOACH TRAIL NORTH- $88,771,95 WATERMAIN IMPROVEMENTS ALTERNATE 1 -VALLEY VIEW PARK ENTRANCE ROAD 145 MOBILIZATION LS 1 3000.00 1 $3,000.00 146 TRAFFIC CONTROL LS 1 534.77 1 $534.77 147 REMOVE STORM SEWER LF 160 12.30 186 $2,287.80 148 RECLAIM BITUMINOUS PAVEMENT SY 4801 1.18 5062.25 $5,973.46 149 SAWING BITUMINOUS PAVEMENT-STREET LF 115 2.66 9.47 103 $273.98 150 AGGREGATE BASE,CLASS 5 TN 650 8.56 122.79 $1,051.08 151 BITUMINOUS MATERIAL FOR TACK COAT GAL 275 2.25 200 $450.00 152 TYPE SP 12.5 NON-WEARING COURSE MIXTURE (2,B) TN 410 61.00 34.02 459.87 $28,052.07 153 TYPE SP 12.5 WEARING COURSE MIXTURE (2,C) TN 410 71.00 432.75 $30,725.25 154 15"RCP STORM SEWER,CL 5 LF 70 28.34 64 $1,813.76 155 18"RCP STORM SEWER,CL 5 LF 30 31.82 48 $1,527.36 156 21"RCP STORM SEWER,CL 4 LF 60 37.27 6 60 $2,236.20 193801994RE07.xism Page 24 of 132 Contract Unit Current Quantify Amount No. Item Unit Quantity Price Quantify to Date to Date 157 15"RCP FLARED END SECTION EA 2 550.81 2 $1,101.62 158 18"RCP FLARED END SECTION EA 2 561.51 2 $1,123.02 159 21"RCP FLARED END SECTION EA 2 614.98 2 $1,229.96 160 SEEDING, INCLUDING SEED, FERTILIZER,AND WOOD FIBER BLANKET SY 2500 1.52 $0.00 161 SELECT TOPSOIL BORROW CY 300 19.04 146.8 146.8 $2,795.07 162 SIGN PANELS SF 13 37.43 $0.00 163 12"SOLID WHITE STOP BAR LF 25 16.04 $0.00 164 STREET SWEEPER(WITH PICKUP BROOM) HR 5 151.14 $0.00 TOTAL ALTERNATE 1 -VALLEY VIEW PARK ENTRANCE ROAD $84,175.40 ALTERNATE - STAGECOACH TRAIL NORTH TO PERKINS AVENUE NORTH -WATERMAIN IMPROVEMENTS 165 MOBILIZATION LS 1 2540.00 1 $2,540.00 166 TRAFFIC CONTROL LS 1 534.77 1 $534.77 167 REMOVE TREE EA 3 320.86 2 $641.72 168 REMOVE WATERMAIN LF 250 5.88 196.5 $1,155.42 169 IMPROVED PIPE FOUNDATION LF 25 4.28 8 8 $34.24 170 6"DIP WATERMAIN, CLASS 52 LF 250 35.83 196.5 $7,040.60 171 DUCTILE IRON FITTINGS LB 200 7.33 96 $703.68 172 PATCH GRAVEL ACCESS/DRIVEWAY SY 315 174 67 $250.58 173 SEEDING, INCLUDING SEED,FERTILIZER, AND WOOD FIBER BLANKET SY 800 2.13 200 200 $422.00 174 HYDROSEED WITH MULCH SY 800 1.44 222.2 $319.97 175 SELECT TOPSOIL BORROW CY 150 19.04 186.94 $3,559.34 TOTAL ALTERNATE 2-STAGECOACH TRAIL NORTH TO PERKINS $17,202.31 AVENEU NORTH-WATERMAIN IMPROVEMENTS CHANGE ORDER NO. 1 1 MOBILIZATION LS 1 1500.00 $0.00 2 6"DIP WATERMAIN,CLASS 52 LF 700 -35.83 $0.00 3 DIRECTIONAL DRILL LF 700 55.62 $0.00 TOTAL CHANGE ORDER NO. 1 $0.00 CHANGE ORDER NO.2 1 MOBILIZATION LS 1 1213.91 $0,00 2 SALVAGE SANITARY MANHOLE EA 1 1089.50 $0.00 3 8"PVC SANITARY SEWER PIPE-SDR 26 LF 100 66.00 $0.00 4 CONNECT TO EXISTING SANITARY SEWER PIPE EA 1 855.63 $Q,00 5 8"X4"PVC WYE EA 2 278.08 $0,00 6 4"PVC SANITARY SEWER SERVICE PIPE LF 20 25.88 $0.00 7 CONNECT TO EXISTING SEWER SERVICE EA 2 336.90 $0,00 8 4"THICK INSULATION SY 50 45.46 $0.00 9 8"X4"PVC WYE EA 2 -278.08 $0,00 10 CONNECT TO EXISTING SEWER SERVICE EA 2 -336.90 $0,00 1 1 4"PVC SANITARY SEWER SERVICE PIPE LF 20 -25.88 $0.00 TOTAL CHANGE ORDER NO.2 $0.00 TOTAL PART 1 -STREETS $1,580,437.45 TOTAL PART 2-WATERMAIN $849,314.71 TOTAL PART 3-SANITARY SEWER $293,242.38 TOTAL PART 4-STORM SEWER $321,826.95 TOTAL PART 5-STAGECOACH TRAIL NORTH-WATERMAIN IMPROVEMENTS $88,771.95 TOTAL ALTERNATE 1 -VALLEY VIEW PARK ENTRANCE ROAD $84,175.40 TOTAL ALTERNATE 2-STAGECOACH TRAIL NORTH TO PERKINS AVENUE NORTH- $17,202.31 WATERMAIN IMPROVEMENTS TOTAL CHANGE ORDER NO, 1 $000 TOTAL CHANGE ORDER NO.2 $000 TOTAL WORK COMPLETED TO DATE $3,234,971.14 193801994RE07.x1sm Page 25 of 132 PROJECT PAYMENT STATUS OWNER CITY OF OAK PARK HEIGHTS STANTEC PROJECT NO, 193801994 CONTRACTOR HARDRIVES, INC. CHANGE ORDERS No. Date Description Amount 1 5/30/2014 This Change Order provides for adjustments to this $15,353.00 project. See Change Order. 2 8/18/2014 This Change Order provides for adjustments to this $12,032.04 project. See Change Order. Total Change Orders $27,385.04 PAYMENT SUMMARY No. From To Payment Retainage Completed 1 05/01/2014 05/30/2014 $346,667.81 $18,245.67 $364,913.49 2 06/03/2014 06/27/2014 $72,200.48 $22,045.70 $440,913.99 3 06/28/2014 08/19/2014 $547,109.46 $50,840.93 $1,016,818.69 4 08/20/2014 09/02/2014 $736,388.49 $89,598.22 $1,791,964.47 5 09/03/2014 09/27/2014 $562,865.36 $122,854.29 $2,457,085.90 6 09/28/2014 12/08/2014 $495,287.96 $61,418.77 $3,070,938.33 7 1 2/09/2014 02/11/20 15 $160,752.16 $64,699.42 $3,234,971.14 Total Payment to Date $2,921,271.72 Original Contract $3,387,731.66 Retainage Pay No. 7 $64,699.42 Change Orders $27,385.04 Liquidated Damages $249,000.00 Total Amount Earned $3,234,971.14 Revised Contract $3,415,116.70 Material on Hand 193801 s94REC 7 xism Page 26 of 132 � rt Oak Park Heights Request for Council Action Meeting Date: Tuesday March 24, 2015 Agenda Item : Linear Park Planting Project Time Req. 1 Minute Agenda Placement: Consent Originating Department/Requestor: ublic Works Andy Kegley, Public Works Director Lisa Danielson, Arborist Requester's Signature Action Requested: Award t e Q15 Linear Park Planting Pr iect to Instant Green Tree Planting Inc. Please See Attached Memo. Three companies submitted quotes to complete the planting project in Linear Park. Instant Green Tree Planting Inc. submitted the lowest quote; therefore I recommend that Instant Green Tree Planting Inc. be awarded the project. Page 27 of 132 City of Oak Park Heights 14168 Oak Park Blvd N.*Box 2007•Oak Park Heights.MN 55082.Phone(651)439-4439•Fax 439-0574 Memorandum To: Andy Kegley, Public Works Director Cc: Eric Johnson, City Administrator, Mayor and Council From: Lisa Danielson, Arborist [, Date: 03/11/2015 Re: Linear Park Planting 2015 Attached is a copy of the Linear Park planting plan, plant list and submitted quotes. In 2013, there were several resident concerns in regards to overhanging boxelder trees along the property boundary of Linear Park and the homes along 56t' Street N and Novak Ave N. The area was inspected by the Arborist and it was reported that there were several poor form boxelder trees and others showing decay in the area. These trees were a potential risk to the residential properties in the area. Arborist Kathy Widin recommended that the City remove these trees. Buckthorn was also reported to be a problem in the area, A volunteer buckthorn removal day was organized by the Arborist and City Clerk. Several truckloads of buckthorn were removed from the area with the help of eight (8) volunteers, the Arborist and City Clerk during this event. After tree and buckthorn removal work was completed, several residents voiced concerns that the wooded area seemed a bit bare. Kathy Widin developed a planting plan to enhance the wooded area by planting a variety of different species trees and shrubs. The plants included in the attached plan will improve wildlife habitat, fill in the gaps left by previously removed trees and buckthorn, and improve the view looking into the park from the residential area. I sought quotes to complete the project, from providing the selected trees and shrubs to planting on site; all three companies provided a quote. Instant Green Tree Planting, Inc. provided the lowest quote; therefore I make the recommendation that Instant Green Tree Planting, Inc. be awarded the project. TREE CITY U.S.A. Page 28 of 132 @ 0) fD Q cr 01 N Q .� ti7 i CD - U 1 _ C) .47 SA O A � (D ICA n N al cr CD © CCD \\ — d It 1 X g+ .. v (Q" Page 29 of 32 / 0 ƒ \ o p £_ cr 0) w 7 § ® k ƒ � z 2 �ƒ w m e e w w w z e w e a q ro / LA § CL e k E / � � / 0 \ \ A / / 0 Ln / / \ / 7 �Ln a 2.) / / / 2 \ 0 / / / 7 2 0 / / E 2 § -0 « / CL q c / 2 £ ƒ 7 \ \ \ / E Gi \ r) � \ \ o » 0 2 3 y C ƒ Di m rD 2 m \ � / \ m co » ul e = & g ® n y / / m & n n t ■ e k G 2 © / » . o R \ / / / f \ ƒ / \ \ ƒ \ G \ \ ƒ §/ \ J / LQ ( ^ R ^ k \ § j ƒ ƒ E E ] ] / cri / zz \ R Page m y12 Lisa Danielson From: Dennis Ullom <dullom @instantgreentreeplanting.com> Sent: Wednesday, March 11, 2015 8:50 AM To: Lisa Danielson Subject: RE: City of Oak Park Heights Linear Park Planting Plan Lisa, I worked through your plant list and believe I have sourced all of the requested varieties.We inventory some of the list but several are harder to locate and the price reflects that scarcity.Our quote to complete your 40 plant project as specified is$12830. 1 have included an allowance in this bid for as needed first season watering.The location of the plantings indicated to me that this would be a good idea.lf you have any questions i can be reached by phone at (715)$21-0007.Thanks for the opportunity to quote this project. Dennis Ullom, President 943 120th Street Roberts, WI 54023 715-749-3730 651-777-2509 715-749-3731 Fax From: Lisa Danielson [mailto:LDanielson @cityofoakparkheights.com7 Sent; Thursday, March 05, 2015 1:49 PM To: dullom @instant_reentreeplantin_q com Subject: City of Oak. Park Heights Linear Park Planting Plan Dennis, Here is the information that we talked about on the phone today for the City of Oak Park Heights Linear Park Planting Plan. Attached is an ArcMap plan of the area and a landscape sketch of the area. I need to have quotes and everything together by the 12th. Plant List is as follows: Bicolor Oak 2 Basswood 1 Pagoda dogwood 5 Autumn Brilliance Serviceberry(multi stem) 9 Red Oak 2 Paper Birch 1 Ironwood 5 Autumn Brilliance 5erviceberry (single stem) 3 River Birch 3 Mountain Ash 3 Red Maple 1 Buckeye 1 Nannyberry 3 Hackberry 1 1 Page 31 of 132 Total =40 We are looking to get the trees in diameters around 2 inches. As far as the quote goes please include the plant pricing, transport, digging, planting, mulch and a 1 yr guarantee. Thank you, Lisa Danielson 651-775-6177 2 Page 32 of 132 Proposal ABRAHAMSON NURSERIES 20021 St. Croix Trail North 2100 Tower Drive 1257 State Road 35 Scandia,MN 55073 Stillwater,MN 55082 St.Croix Falls,WI 54024 433-2431 439-2140 715-483-3040 Submitted To: CITY OF OAK PARK HEIGHTS Date: 2/25/2015 Street: LINEAR PARK Contact: LISA DANIALSON City,State,Zip: Work Phone: 439-4439 We Propose hereby to furnish material and labor-complete in accordance with specifications below, for the sum of: $15,183.00 WITH CASH,/CHECK(ADD 3%IF PAYING WITH CREDIT CARD) Payment to be made as follows: In full upon completion. All material is guaranteed to be as specified.All work to be completed in a workmanlike manner according to standard practices.Any alteration from specifications below involving extra costs will be executed only upon written orders,and will become an extra charge over and above the estimate.All agreements contingent upon strikes,accidents,or delays beyond our control.Owner to carry fire,tornado and other necessary insurance.Our workers are fully covered by Workman's Compensation Insurance. AUTHORIZED Note:This proposal may be withdrawn SIGNATURE: by us if not accepted within 30 days. aI Any person or company supplying labor or materials for this improvement to your property may file a lien against your property if that person or company is not paid for the contributions. b]Under Minnesota law,you have the right to pay persons who supplied labor or materials for this improvement directly anc deduct this amount from our contract price,or withhold the amounts due them from us until 120 days after completion of the improvement unless we give you a lien waiver signed by persons who supplied any labor or materials for the improvement and who gave you timely notice. We are pleased to submit the following estimate for: CITY. I DESCRIPTION SIZE 2 ISWAMP WHITE OAK 92S 2 NORTHERN RED OAK #25 1 BASSWOOD(AMERICAN LINDEN) 2"B&B 9 AUTUMN BRILLIANCE SERVICEBERRY(SINGLE STEM) 2"B&B 3 AUTUMN BRILLIANCE SERVICEBERRY(MULTI STEM) 7'8&B 1 WHITESPIRE BIRCH 42S 3 RIVER BIRCH #►25 1 RED MAPLE 2" 1 HACKBERRY ##25 3 NANNYBERRY* 2"B&B 5 IRONWOOD* 2"B&B 1 OHIO BUCKEYE* 2"B&B 5 PAGODA DOGWOOD* 1.7S"B&B 3 SHOWY MOUNTAIN ASH* 2"B&B *PLANTS WILL BE ORDERED IN 7 YARDS HARDWOOD SHREDDED MULCH *INSTALL TREE RINGS AROUND EACH TREE MATERIALS,TAX,AND LABOR IF PAYING BY CHECK/CASH: $15,183.00 ACCEPTANCE OF PROPOSAL: The above paces,specifications and conditions are satisfactory and are hereby accepted. Ynu are authorized to do the work as specified.Payment will be made as stated above. Acceptance Date: Signature: Page 33 of 132 Out Back Nursery & Landscaping 15280 110th Street South BUT Hastings, MN 55033 { BAC NURSERY & 651-438-2771 ext.12 "'OOO ,�,�-P* 651-438-3816 fax erika@outbacknursery.com Fro% and VAo0t`L���v Attached Notes Proposal No. 3314 3.06.2015 City of Oast Park Heights 14168 Oak Park Blvd. N. P.O. Box 2007 Oak Park Heights, MN 55082 Linear Park Planting Proposal PLANT SCHEDULE QTY SIZE LATIN NAME COMMON NAME MATERIAL LABOR 2 2" BB Quercus bicolor Swamp White Oak 800.00 592.00 1 2" BB Tilia Americana American Basswood 340.00 296.00 5 #15C Cornus alternifolia TF Pa oda Do wood TF 600.00 740.00 9 6' BB Amelanchier'Autumn Brilliance' Serviceberr multi-stem 2880.00 2331.00 2 2" BB Quercus rubra Red Oak 840.00 592.00 1 #25C Betula papyrifera TF Paper Birch (TF) 185,00 259.00 1.75" 5 BB Ostr a vir iniana Ironwood 1800.00 1110.00 1.75" 3 BB Amelanchier'Autumn Brilliance' Serviceber TF 1260.00 666.00 3 2" BB Betula m ra TF River Birch TF 1140.00 888.00 3 #15C Sorbus decora Showy Mountain Ash 480.00 444.00 1 2" BB Acer rubrum Red Maple 400.00 296.00 1 #10C Aesculus glabra Ohio Bucke e 194.00 148.00 3 #7C Viburnum lenta o Nannyberry 95.25 105.00 1 2" BB Celtis occidentalis Hackberry 400.00 296.00 1 Plant Layout/staked locations 390.00 10 C.y. Shredded Pine Bark Mulch 4'diameter each/25 c. . 450.00 740.00 1 Waterin Services 500.00 3 Delivery of Materials Mobilization 460.00 11864.25 10853.00 TOTAL 22717.25 Page 31 of 132 �T1V Out Back Nursery & Landscaping 15280 110th Street South OUT Hastings, MN 55033 BAC ��R�Epy 651-438-2771 ext.12 s 651-438-3816 fax APP ( � e erik@outbacknursery.com Fc0/0 and HoR Attached Notes Proposal No. 3314 3.06.2015 City of Oak Park Heights 14168 Oak Park Blvd. N. P.O. Box 2007 Oak Park Heights, MN 55082 Linear Park Planting Proposal Note: As per area specified by documents by Lisa Danielson of Public Works. Her contact number is 651-775-6177. Note: Additional watering of plants by public works should be made during the 2015 growing season to ensure proper establishment of plants, on an as-needed basis. Note: One year warranty: We will replace once, any tree or shrub which fails to grow within one growing season from date of installation (including labor, if planted by us) provided the plants have been properly cared for and the account is being paid. We reserve the right to check plantings and make recommendations if necessary. We are not responsible for damage to underground utilities not located by"One Call° services. (Example: Irrigation systems, dog fencing, private power and gas lines etc.) There is not guarantee on: deer browsing damage, rabbit damage or vandalism, Project Total: $22,717.25 Payment Terms: 50% down payment with signed contract; balance due upon completion of work. Page 15 of 132 THIS PAGE IS INTENTIONALLY LEFT BLANK tA Page 36 of 132 P'. - Oak Park Heights Request for Council Action Meeting Date: Tuesday March 24, 2015 Agenda Item : Lawn Care Service Contract Time Req. 1 Minute Agenda Placement: Consent Originating Department/Requestor: ublic Works And Kegley. Public Works Director Requester's Signature -,!,/,Z- , Action Requested: Authorize f to enter into an agreement with Green Touch Lawn Background/Justification (Please indicate any previous action has been taken or if other public bodies have been advised). Please see attached memo. Green Touch is offering to continue to provide service to OPH at a rate that has not been increased for four(4) years. Given the quality service Green Touch provides, the experience the Company's staff has in OPH and the low rate, I recommend Council authorize staff to enter into an agreement with Green Touch for mowing and lawn care services for 2015. Page 37 of 132 City of Oak Park Heights 14169 Oak Park Blvd N.•Box 2007•Oak Park Heights,MN 55082•Phone(651)439-4439+Fax 439-0574 Mem— orandum To: Eric Johnson, Administrator Cc: Mayor and Council From Andrew Kegley, Public Works Director Date: 03/06/2015 Re: Green Touch Lawn Service Contract -2015 Green Touch proposed to provide mowing and lawn care services to the City of Oak Park Heights for 2015 under the same terms, conditions, schedule and price as previous years. Green Touch charges an hourly rate of$28.50 per hour, a rate that has not changed for the past four(4) years. The company has experience mowing City parks and property and responds quickly to requests for added work, or corrective action. City staff has a good working relationship with Green Touch staff, and the Company provides quality service. I recommend the Council authorize Staff to enter into an agreement with Green Touch for mowing and lawn care services for 2015. TREE CITY U.S.A. Page 38 of 132 EE1"+l T O !.J H ® Lawn Maintenance - Landscape - Snow Removal k� I�III Office Address: 1069 245th Street, Woodville, WI 54028 Mailing Address: P.O. Box 266, Woodville, WI 54028 Hudson (715) 386-4970 • River Falls (715) 426-7025 Office (715) 684-2242 • Fax (715) 684-5559 www.GreenTouchLawnHudsonWi.com January 28, 2015 RE: Grounds Maintenance Proposal, Mowing Services City of Oak Park Heights Attn: Andy Kegley 14168, 57" St No Oak Park Heights, MN 55082 Green Touch Lawn, Inc. will continue providing mowing services for the City of Oak Park Heights at the rate of 828.50 per hour for the upcoming mowing season. The 2015 mowing services are at the same price, same terms, and same schedule as previous years. As always, we are flexible in our scheduling; mowing frequency can be changed at any time, if needed, to fit your needs. Additional services are available upon your request. Green Touch Lawn, Inc. is a full service lawn maintenance, landscape, and snow removal company that has been serving the St. Croix area since 1995. We employ a full-time staff with a complete fleet including three specialized lawn application trucks, a commercial mowing crew, and a landscape division. Our mowing manager, Jeremy Faber, has been with us since 1998; he reviews all properties during the season to assure continued quality compliance. All managers and lawn specialists working for Green Touch Lawn are fully trained and licensed through the State of Wisconsin and the State of Minnesota, Department of Agriculture, Trade & Consumer Protection. We also employ a full-time office staff that can assist you with any questions or concerns throughout the season. Please contact me direct via email or phone call to verify the 2015 mowing service schedule. Thank Yo Jason Connett (715) 760-0576 Owner/Lawn Specialist Green Touch Lawn, Inc. greenrouchl,t,,vncare @yalioo.cona Page 39 of 132 THIS PAGE IS INTENTIONALLY LEFT BLANK tA Page 40 of 132 } Oak Park Heights Request for Council Action Meeting Date: Tuesday March 24 2015 Agenda Item : Street Sweeping Contract Time Req. l Minute Agenda Placement: Consent Originating Department/Requesto . Public Works Andy Kegley,-Public Works Director Requester's Signature Action Requested: Authori taff to enter a contract with St. Croix Sweeping for Street Sweeping Background/Justification(Please indicate any previous action has been taken or if other public bodies have been advised). See the attached Memo! Page 41 of 132 City of Oak Park Heights 14168 Oak Part;Blvd N.•Box 2007.Oak Park Heights,MN 55082•Phone(651)439-4439•Fax 439-0574 Memorandum To: Eric.Johnson, Administrator Cc: Mayor and Council From: Andrew Kegley, Public Works Director Date: 03/11115 Re: St. Croix Sweeping Contract St. Croix Sweeping submitted a proposal to continue as the City of Oak Park Heights sweeping contractor under the same rates, terms and conditions as 2014. For many years, St. Croix Sweeping has provided the City with excellent customer service. For example, when called for a sweeping request, the response is almost immediate, or is otherwise consistently completed by an agreed upon time and date. 1 am satisfied with the service St. Croix Sweeping provides, and with the addition of another sweeper to St. Croix's fleet in 2015, the seasonal work should be complete over a shorter duration than previous years. I recommend that the Council authorize staff to enter into a contract with St. Croix Sweeping for 2015 street sweeping services at the quoted schedule of prices. Page 42 of 132 CIO FD on CD L 4rD 0 -t w CD m CL 5, CL n Th Qn C) 8D to CD tD IT3 Cs 4oq 1 1 CP% -4 Cl. r_-, O ite C 4 C) CD CL a 5i CITY OF OAK PARK HEIGHTS AGREEMENT FOR STREET SWEEPING 2015 1. PURP®SEJINTENT 1.1. Street Sweeping The purpose of this agreement provides the city of Oak Park Heights (hereinafter City) and the successful proposer (hereinafter called Contractor) with a mutually acceptable agreement to provide planned and emergency scheduled street sweeping operations on local city streets, roadways, and parking lots within the City of Oak Park Heights, Minnesota. 1.2. 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 and or his designee. 1.3. Routes The Public Works Director and/or his designee will determine which streets are to be swept and shall schedule all sweeping operations with the Contractor. 1.4. Street Sweeping Policy This City sweeping policy requires three sweepings of the City streets per year. It is the intention of the City to retain the services of the Contractor for each sweeping operation. In addition, the City may request additional sweepings of single streets or sections of the city as required. These additional sweepings include cleanup days or are generally due to construction activities, storms or other unplanned activities that require street sweeping. Page 44 of 132 1.5. Scope of 0 erat'ons The City requires that the Contractor provide a minimum of one (1) piece of equipment to perform the entire sweeping operation with a dump truck for hauling sweeping waste material. 2. LENGTH OF AGREEMENT 2.1. This agreement shall be an initial agreement for the sweeping season commencing April 2015. This agreement may be renewed by written mutual consent of both the City and the Contractor. 2.2. This agreement may be terminated by the City at any time during the agreement, without penalty, by written notice delivered by certified mail sent to the Contractor at the address referenced on the proposal form. 2.3. The City cannot and will not guarantee a minimum number of work hours for any sweeping operation or duration of the agreement.. 3. EQUIPMENT 3.1. Street Sweeper Only contractors using commercial grade equipment such as an"Elgin Pelican" or"TYMCO"or equivalent will be considered as qualified contractors. All sweeping equipment must use a water spray system to suppressed dust. 3.2. Dump Truck The Contractor shall provide a minimum of one (1)truck equipped with a dump bed for transport of sweeping waste material. 3.3. Skid Loader At certain locations within the City sand used for snow and ice control may accumulate to a point where a Street sweeper cannot effectively remove the material. In these areas the contractor shall provide a skid loader or manual labor Page 45 of 132 for removal of the bulk of the material prior to sweeping. Skid loader work may be required for other work in the City of Oak Park Heights. 3.4. Accessories &„Safety Equipment All vehicles shall be properly equipped and outfitted to meet all Iocal, county, state and or federal laws required for on the road emergency sweeping operations. Such vehicles shall provide the operator with full visibility in 360-degree direction and shall have a backup warning system. The operator's cab shall be fully enclosed and properly equipped with all equipment necessary to allow the efficient and safe operation of that vehicle. The City reserves the right to reject at anytime, without notice to the contractor, any vehicle that does not comply with all rules or regulations required for on the road sweeping operations. Rejection of a vehicle's acceptability will also take into consideration the condition and limitations of operation the vehicle or it's accessory equipment. 3.5. Vehicle Des i rnation/Re lacements The Contractor shall provide to the City a copy of the certificate of title including the vehicle identification number(if available) and license plate number within 10 days of execution of this contract. After inspection by the City, the City will verify those vehicles acceptable for performance under this contract. Except for emergencies, any planned substitution or replacement of previously approved equipment shall require prior written approval by the City. 3.6. Identification of Disposal Site and Indemnification The disposal site and any temporary storage sites for the street sweeping waste material must be identified by the contractor prior to the beginning of sweeping. The contractor agrees to indemnify and hold harnnless the City with regard to any liability resulting from the storage and or disposal of the sweeping material. The storage and disposal site shall meet all applicable county, state and or federal rules and regulations for storage and disposal of Municipal Street sweeping waste material. Page 46 of 132 4. OPERATOION & MAINTENANCE 4.1. O erator 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 vehicle and or anticipated replacement. The Contractor shall make every effort possible to assure that the same operator performs the sweeping operation throughout the duration of this agreement. The Contractor shall certify that the operators have completed all necessary safety training. 4.2. Parts and Fuel The hourly rates contained herein shall cover all operation and maintenance expenses including but not limited to fuel, lubricants, supplies and support services. It shall 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. 4.3. Storage The Contractor shall assume all responsibility and costs associated with maintaining proper and necessary protection/shelter/storage for all vehicles and equipment. Equipment storage is not allowed on City property unless specific use is in the City's best interest during the sweeping event and then it is limited to temporary storage only with prior approval from the Public Works Director or his designee. 5. HOURLY RATES 5.1. Equipment and Operators All hourly rates quoted shall include full operation of the equipment by a qualified operator. 5.2. Qumtities All rates quoted shall be on an hourly basis and shall be rounded to the nearest one Q.1 (tenth) of an hour. 5.3. Premium/Overtime No premium calculation or additional adjustment shall be given to the rates quoted for any hours worked regardless of the day, date, time of day or Page 47 of 132 consecutive hours worked in any giving sweeping operation or calendar week unless specifically provided for in the agreement under section 7.1. 5.4. Nonproductive/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 onsite routine maintenance and repairs or adjustments necessary to keep the machine properly operating. This allowance shall be provided for only those pieces of equipment previously approved by the City for required sweeping operations under this agreement. 6. PERFORMANCE REQUIREMENTS 6.1. Personnel The Contractor shall provide the City with the name, address and telephone number(s) for at least two designated contact personnel responsible for assuring response to the City's request for service. The Contractor shall ensure that at least one of the contact people is available and assessable 24 hours per day seven days per week. 6.2. Response Time The Contractor shall respond and begin sweeping operations within two (2) days and no later than four(4) days from the start time requested by the City for any given sweeping request, weather permitting. The Contractor shall ensure that the equipment and operator are ready and able to continuously provide sweeping services through the completion of the sweeping operations designated by add to the satisfaction of the City. The Contractor shall not allow any given operator to work more than sixteen(16) consecutive hours without an eight(8)hour break. The Contractor will be responsible for providing replacement personnel if sweeping operations require more than sixty (60) consecutive hours of operation. 6.3. Down Time The Contractor shall assure that all equipment provided is maintained in a proper manner to minimize required maintenance or emergency repairs during the performance of sweeping operations. If, when commencing a sweeping Page 48 of 132 operation, a piece of equipment becomes disabled and nonfunctional for a period of three(3) consecutive days, the contractor shall provide a satisfactory replacement vehicle and operator if necessary at no additional cost to the City. 6.4. Communications The Contractor will maintain communication with the City throughout the duration of any given sweeping operation. The Contractor shall ensure that the operator maintains full availability for communication at times during sweeping operations. The Contractor will maintain continuous communication with their operators such that directions from the City can be relayed to the operator in a timely manner. 6.5. Authority/Direction The Contractor and his designated operator shall respond to all directions given by the City in a positive, courteous and timely matter during sweeping operations. The City reserves the right to reject any piece of equipment or operator from continued or further engagement of services due to incompetence, insubordination or inability to function properly for requested services. The contractor shall begin sweeping operations at a designated point and follow a specific progression as directed by the City. 6.6. 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 sweeping operations for the City. 6.7. 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 or its designee either prior to, during or after any scheduled or emergency sweeping operation in Lieu of these contractual services as may be necessary due to nonperformance or excessive delays of the Contractor. Page 49 of 132 6.8. Propgrty Property Dames The Contractor shall be responsible for any and all damages to private and public property (including public utilities) due to his own or his employee's negligence in performing sweeping operations. 7. COMPENSATION 7.1. 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 received and approved by the Public Works Director shall be processed and payment made by the City not more than thirty (30) days after receipt. 7.2. Down Time No payment shall be made for any nonproductive or downtime of any singular sweeping operation. Compensable time shall include all time spent performing the sweeping operation subject to the exclusions identified herein and shall include all time spent performing the sweeping operations subject to the exclusions and identified herein and shall include travel time to and from the contractors base of operations or City limits, whichever is the shorter distance. 7.3. Liquidated Damages for Untimely Performance If the Contractor consistently is not able to respond and begin sweeping operations within four(4)days after the time requested by the City, penalties will be assessed as follows: 5% of the rate quote herein will be deducted for each day or portion thereof beyond four(4) days to when operations begin, Starting with the second untimely response and every time thereafter. If the Contractor does not respond within seven(7) days of the City's requested time of initiation, the City shall, at its discretion hire a different contractor for that sweeping event. 8. INSURANCE/LIABILITY CLAIMS 8.1. Indemnification The Contractor indemnifies 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 Page 50 of 132 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 four here under 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 set 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 contractors employees while so engaged in the performance of the services, to be rendered herein by the Contractor shall, in no way, be the obligation or responsibility of the City. 8.2. Insurance The Contractor shall, at his sole expense, carry and maintain liability insurance coverage in an amount not less than $1,000,000 protecting the Contractor, his employees and the City against any and all claims of any kind or character whatsoever arising from the 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 and at the request of the City. Such an insurance policy shall provide or a minimum of 30 days written notice to the City of cancellation, nonrenewal 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 specific 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 be filed with the city upon execution of this agreement. 8.3. Legal Compliance The Contractor agrees to comply with Allstate and or 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. Page 51 of 132 8.4. 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 9.1. Selection This 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 hourly rates, and availability, condition of equipment, competency of operators, previous experience, response time and specific pieces of equipment so quoted. 9.2. Combination of Quotes This City reserves the right to select any combination of equipment quoted for service as 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 rates not called for in this proposal if it is in the best interest of the City. 10. PROPOSALS A quotation is to be entered in the schedule of prices for each machine the Contractor proposes to furnish and such quotations shall be an hourly rate. All proposals must be typed written or printed in ink and properly signed by an officer of the company. If the submitted proposal is accepted by the City and properly countersigned, it shall constitute a formal agreement between the City and the contractor with no further revisions addenda or exceptions acknowledge and less previously noted in writing on the quote proposal form. All require performance bonds, insurance certificates and additional requested information shall be submitted in a form acceptable to the City upon execution of the agreement and request by the city. 11. ADOPTED BY REFERENCE OF PROPOSAL The attached proposal, schedule of prices and description are adopted as reference as this part of the agreement. Page 52 of 132 12. RECORD DISCLOSURE/MONITORING PROCEDURES Pursuant to Minnesota statute the books, records, documents and accounting procedures and practices of the Contractor relevant to this contract are subject to examination by the contracting agency and either the legislative auditor or the state auditor as appropriate. The Contractor agrees to maintain these records for a period of three(3) years from the date of termination of this agreement. 13. E UAL EMPLOYMENT OPPORTUNITY—CIVIL RIGHTS 13.1. 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 coronation of origin be excluded from full employment rights in,participation in, be denied the benefits of or otherwise subjected to discrimination under any and all applicable federal. and state laws against discrimination including but not limited to the Civil Rights Act of 1964. The contractor will furnish the City with all reports required by the secretary of labor and or the Minnesota Department of human services for the purposes of investigation to ascertain compliance with such rules, regulations and orders. The provisions of Minnesota statute 181.59 regarding nondiscrimination and violations related therefrom are incorporated in this paragraph by reference as an obligation of the Contractor. 13.2. If during the term of this contract or any extension thereof, it is discovered that the Contractor is not in compliance with the applicable status and regulations or if the Contractor engages in any discriminatory practices the City may cancel this agreement as provided by the cancellation clause. Page 53 of 132 IN WITNESS WHEREOF, the parties have set fourth their hands and seal this day of , 2015. For: St. Croix Sweeping Company It's: Owner By: Signature (Craig Berggren) By: City Administrator, Eric Johnson By: Mayor, Mary McComber Page 54 of 132 g�nFz Oak Park Heights Request for Council Action Meeting Date February 24'x', 2015 Time Required: 5 Minutes Agenda Item Title: Stillwater Motors—Sign Variances at Dealership 5900 Stillwater Blvd N Agenda Placement New Busi s Originating Department/R uest c Johnson City Administrator Requester's Signature Action Requested PIease �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: 1. Planners Report Dated March 5"', 2015 2. Planning Commission Recommendation—Unsigned. 3. Proposed City Council Resolution. Page 55 of 132 TPC3641 Thurston Avenue N, Suite 100 FENCUMM Y3 Anoka, MN 65303 Phone: 763.231.5840 Facsimile: 763.427.0620 TPC4P1anningCo.com PLANNING REPORT TO: Eric Johnson FROM: Scott Richards DATE: March 5, 2015 RE: Oak Park Heights— Stillwater Motors - Variances for Signage— 5900 Stillwater Blvd North FILE NO: 236.02 — 14.05 BACKGROUND The Planning Commission, at their February 19, 2015 meeting, continued the discussion of the variance for an additional changeable copy sign on Highway 36. They suggested that the Applicant consider incorporating the Collision Center sign with the proposed 50 foot changeable copy sign at the northwest comer of the site. Since that meeting, the Applicant has reviewed the sign plan for the dealership and proposes the following: 1. All the signs approved by the City Council on January 13, 2015 will remain the same. 2. A changeable copy sign on Highway 36, 50 feet in height and 184 square feet maximum size. The Collision Center sign will remain as a separate freestanding sign. 3. The Buick and Chevrolet wall signs on the north side of the building are to remain. Additionally, the Planning Commission asked City Staff to review other cities sign standards, especially as it relates to car dealerships and other large development sites. A discussion of those findings is found later in this report. Attached for reference: Exhibit 1: Project Narrative— March 4, 2015 Exhibit 2: Sign Spacing — Highway 36 Exhibit 3: Existing, Approved and Proposed Signage Page 56 of 132 Exhibit 4: Proposed Sign Location (1) Exhibit 5: Sign Location (2) Exhibit 6: Sign Faces Diagram (3) Exhibit 7: Proposed Sign, View from Highway 36 (4) Exhibit 8: Proposed Sign, View from Highway 36 (5) Exhibit 9: Proposed Sign Picture (6) Exhibit 10: Proposed Sign Plan (7) Exhibit 11: Buick/Chevrolet Signs (Exhibit 1) Exhibit 12: Letter from Daktronics, Inc. January 29, 2015. Exhibit 13: Site Line Study (Two Pages) Exhibit 14: Sign Regulations — Burnsville Exhibit 15: Sign Regulations— Inver Grove Heights Exhibit 16: Sign Regulations — Lakeville Exhibit 17: Sign Regulations - Woodbury ISSUES ANALYSIS Project Narrative. Mr. Raduenz has provided the following narrative that is also found within Exhibit 1 of this report: Stillwater Motors is requesting a variance for an Electronic Message (EMC) to be installed in the northwest corner of the property. We are requesting the additional sign (EMC) along Highway 36 for additional visibility. The request for the pylon signage, to be 50 feet in height, and is requested in regards to safety and visibility. By doing different height tests we have determined to have sight lines above the trees, which will grow higher and wider, including other obstructions we need to have the sign at a minimum of 50 feet. This height will allow drivers the ability to see the sign easily and make proper lane changes and signals for safety while traveling Highway 36. EMC sign would allow Stillwater Motors to stay abreast of Modern Technology in the Automotive Industry and allowing us to promote our business and products. By allowing the EMC sign it would also minimize the need for temporary signs and banners. We request that our signage allowance be increased up to 960 sq. ft. Stillwater Motors portfolio is very unique, not only in size, 90,000 square foot facility, a 13 acre site with 6 Distinct Departments, more access roads and longer frontages roads than other commercial properties. Stillwater Motors is one of the largest single tenant business properties in Oak Park Heights. We really need to be judged differently than other single tenant properties on our allowable signage. We should be judged more like a multi-tenant property. Stillwater Motors operates 6 Distinct Departments-each with a different reason for a customer to visit. Even the views from the 4 different roads, Hwy 36, Co. Rd 5, 58th St. and Memorial Ave. N. surrounding our property all offer vastly different views of our property and the different departments we operate. 2 Page 57 of 132 One of the alternatives we were asked to consider was to combine one of the existing pylon signs (Collision Center sign) on the north side of the property with the new proposed Electronic Message Center (EMC) sign. We have discussed this option internally and really believe that the separate Collision Center sign is essential to our signage and branding on the north side of the building. Our Collision Center is a major Department of Stillwater Motors. !t offers a primary and fundamental reason for customers that are not currently shopping for a vehicle to visit us. Removing that sign is not an option. Combining the EMC and the Collision Center Sign would confuse the public into thinking this is a collision center only. The current Collison Center sign is an expensive and attractive sign. The only other visual for that department is a small 31.3 square foot wall sign at the rear of the building. The New Proposed EMC Sign to be located on the NW corner, the Collision Pylon Sign and Chevrolet/Buick Pylon Sign are spaced at 400 feet and 320 feet respectively. The signs are not stacked upon each other and they are all professional grade, attractive and tasteful signs that enhance the image of our business and the surrounding landscape. We do not believe our proposed sign plan along the north side of our property will look like a bad sign row. The professional signs, surrounding landscape and land contours, trees, elevations and setbacks will offer an attractive environment for the location. If the 50 foot height is not at all possible on the EMC sign, we can lower it to the 40 foot height to be consistent with our Buick/Chevrolet sign being raised to 40 feet, previously approved. Comprehensive Plan. The Comprehensive Plan designates this area as Commercial on the Proposed Land Use Map. The use of the property for automotive sales and service is consistent with this land use designation. Zoning Ordinance. The property is zoned B-3, Highway Business and Warehouse District in which automotive sales and service is a Conditional Use. The Applicant has applied for signage variances to allow an additional changeable copy pylon sign greater than 150 square feet, to allow for a 50 foot sign where a 30 foot sign is allowed, to allow for a changeable copy sign that will not meet the requirements, and allow an increase in the overall square footage of signage on site. The request is now for a maximum of 960 square feet of signage over the maximum of 760 square feet established by the variance granted by the City Council on January 13, 2015. Review of the criteria for variances is found later in this report. Signage. The property is within the Destination Retail Highway Sign District which would allow one freestanding sign of 150 square feet and a maximum height of 30 feet. The 2005 variance allowed a total of 10 wall signs for the site. The overall allowable sign area for the site would be 500 square feet. 3 Page 58 of 132 Proposed_Changeable Sign. The Applicant has proposed a new changeable copy sign along Highway 36. The sign is proposed at 50 feet in height (30 feet allowed) and would be 184 square feet in size. The regulations for electronic signs indicate that the changeable copy portion of the sign shall not occupy more than 35 percent of the actual copy and graphic area of a freestanding sign. The sign is proposed to be 100 percent changeable copy. This sign would require a variance from the provisions for height, to allow an additional freestanding sign (one allowed on site, this would put the total at five), to allow for a sign greater than 150 square feet and allow for 100 percent changeable copy. The Planning Commission should consider this request and determine if a variance is warranted. The Applicant has indicated that the sign could be lowered to 40 feet. Allowable Sian Area. Within the Zoning Ordinance provisions, the total allowable sign area on site, with the wall and freestanding signs, would be 500 square feet. Currently there are 10 wall signs with a total of 423 square feet. The proposed, approved and existing freestanding signs will total 518 square feet for a site. The Applicant has indicated that they propose not to remove the Buick and Chevrolet wall signs on the north side of the building which total 184 square feet. The resulting total signage on the site will be 941 square feet. The applicant has requested a maximum total of 960 square feet. The variance approved by the City Council on January 13, 2015 granted a total of 760 square feet. Pylon Siena,eq .. The existing and proposed total of freestanding signage is as follows: Sign Square Feet Sin Message Height Existing North Collision Center 25 80 Pylon Existing Northeast ChevrolettBuick 40 127 Pylon (Approved) Existing East Pylon Chevrolet Truck 28 77 Approved Changeable Copy 15 50 Changeable Copy Sign — Stillwater Blvd. Proposed Changeable Copy 50 184 Changeable Copy Sign— H Ahway 36 Total 518 4 Page 59 of 132 Wall Signage. Total No. Square Feet Sin Message of Signs West Elevation Service 2 21.3 Body Shop 31.3 South Elevation Delivery 2 25 Stillwater Motors 58.11 North Elevation Buick 2 184 Chevrolet East Elevation Certified Service 2 33.8 Buick Emblem 20.53 Southeast Bowtie 2 13.37 Elevation Chevrolet 35.37 Sig nature Total 10 422.78 Sign Illumination. The proposed sign will be required to comply with the Zoning Ordinance lighting requirements. Staff will approve the lighting specifications for the signs at the time of permitting. Sign Variance. Variance criteria are provided in Section 401.04 of the Oak Park Heights Zoning Ordinance. The Planning Commission and the City Council should review the following criteria and conditions to determine if the sign variances are justified. Review Criteria. The Planning Commission and City Council should make a finding of fact that the proposed action will not. a. Impair an adequate supply of light and air to adjacent property. b. Unreasonably increase the congestion in the public street. c. Have the effect of allowing any district uses prohibited therein, permit a lesser degree of flood protection than the flood protection elevation for the particular area or permit standards which are lower than those required by State law. d. Increase the danger of fire or endanger the public safety. e. Unreasonably diminish or impair established property values within the neighborhood, or in any way be contrary to the intent of this Ordinance. f. Violate the intent and purpose of the Comprehensive Plan. g. Violate any of the terms or conditions of Item 5, below. h. Conditions for Approval. A variance from the terms of this Ordinance shall not be granted unless it can be demonstrated that: a. Undue hardship will result if the variance is denied due to the existence of special conditions and circumstances which are peculiar to the land, structure, or building involved and which are not applicable to other lands, structures or buildings in the same district. 5 Page 60 of 132 1) Special cases may include exceptional topographic or water conditions or, in the case of an existing lot or parcel of record, narrowness, shallowness, insufficient area or shape of the property. 2) Undue hardship caused by the special conditions and circumstances may not be solely economic in nature, if a reasonable use of the property exists under the terms of this Title. 3) Special conditions and circumstances causing undue hardship shall not be a result of lot size or building location when the lot qualifies as a buildable parcel. b. Literal interpretation of the provisions of this Ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this ordinance or deny the applicant the ability to put the property in question to a reasonable use. c. The special conditions and circumstances causing the undue hardship do not result from the actions of the applicant. d. Granting the variance requested will not confer on the applicant any special privilege that is denied by this Ordinance to other lands, structure or buildings n the same district under the same conditions. e. The request is not a result of non-conforming lands, structures or buildings in the same district. f. The request is not a use variance. g. The variance requested is the minimum variance necessary to accomplish the intended purpose of the applicant. h. The request does not create an inconvenience to neighboring properties and uses. Due to the location of this business in that the building will have limited visibility from Highway 36, the applicants have indicated that allowing only a 30 foot freestanding would cause an undue hardship for their business and the ability of customers to locate the building. A number of other businesses in the Highway 36 corridor have asked for and received variances for signage height. This is the first time that the City has considered a variance for a 50 foot freestanding sign. The site lines from Highway 36, when traveling east do not justify the need for the sign height. It is doubtful that the 50 foot sign would be visible on the west bound lanes of Highway 36 and a much taller sign would likely be required. City Staff is concerned with the precedence of allowing a sign of this height. We do not believe it is justified or necessary at this location. A 40 foot sign would be adequate, similar to the request for the pylon sign that has already been approved. City Staff does not have an issue with allowing the additional sign with a size of 184 square feet as long as the two wall signs are removed. The 960 square feet of overall signage would be significantly more signage than allowed on any site in Oak Park Heights. Other Cities Sign Regulations. City Staff has reviewed other cities sign requirements, especially those on highway corridors that have car dealerships. Please find attached excerpts of the sign regulations for Burnsville, Inver Grove Heights, Lakeville and Woodbury. The Burnsville, Inver Grove Heights and Lakeville regulations are similar to what is currently in place in Oak Park Heights. When comparing the regulations, it can be determined that Oak Park Heights is quite generous in its allowances when compared to the other communities. Inver Grove Heights is the only community of the four that includes a formula that factor in the size of building and lot in calculating overall allowable sign area. It appears as though none of the Inver Grove Heights zoning districts include an overall sign area maximum. 6 Page 61 of 132 CONCLUSION AND RECOMMENDATION If the Planning Commission agrees to recommend the requests for the variances, they should consider the conditions that follow. City Staff does not recommend that the new sign be allowed at 50 feet and recommends that signage should be removed or incorporated so that the maximum signage for the site remains at less than 760 square feet. • Variances - To allow an additional changeable copy pylon sign greater than 150 square feet, to allow for a 50 foot sign where a 30 foot sign is allowed, to allow for a changeable copy sign that will not meet the requirements, and to allow an increase in the overall square footage of signage on site to 960 square feet. 1. All conditions of the Conditional Use Permit and Variance for Raduenz Dealership Properties LLC approved July 26, 2005 and January 13, 2015 shall remain in effect. 2. The proposed changeable copy sign shall not exceed 40 feet in height and 184 square feet in sign face size. 3. The Applicant shall remove the Chevrolet and Buick wall signs on the north side of the building or remove an equal amount of signage so that the total signage on site does not exceed 760 square feet. 4. The sign specifications and methods of illumination shall be subject to review and approval of the City Planner at the time of permitting. 5. A landscape plan for the area around the new sign shall be provided to the City and shall be subject to review and approval of the City Arborist. pc: Julie Hultman 7 Page 62 of 132 EXHIBIT I I OTORS.com CHEVROLET cQ:Y BUICK FAMILY 0WNED SINCF 1922 - 5900 Stillwater Boulevard North o P.O. Nox 337 Stillwater, Minnesota 55082 March 4t'2015 City of Oak Park Heights, Stillwater Motors is requesting a variance for an Electronic Message(EMC)to be installed in the northwest corner of the property. We are requesting the additional sign(EMC)along Highway 36 for additional visibility. The request for the pylon signage,to be 50 feet in height, and is requested in regards to safety and visibility. By doing different height tests we have determined to have sight lines above the trees,which will grow higher and wider, including other obstructions we need to have the sign at a minimum of 50 feet. This height will allow drivers the ability to see the sign easily and make proper lane changes and signals for safety while traveling Highway 36. EMC sign would allow Stillwater Motors to stay abreast of Modern Technology in the Automotive Industry and allowing us to promote our business and products. By allowing the EMC sign it would also minimize the need for temporary signs and banners. We request that our signage allowance be increased up to 960 sq.ft. Stillwater Motors portfolio is very unique, not only in size,90,000 square foot facility, a 13 acre site with 6 Distinct Departments, more access roads and longer frontages roads than other commercial properties. Stillwater Motors is one of the largest single tenant business properties in Oak Park Heights. we really need to be fudged differently than other single tenant properties on our allowable signage. We should be judged more like a multi-tenant property. Stillwater Motors operates 6 Distinct Departments-each with a different reason for a customer to visit. Even the views from the 4 different roads, Hwy 36,Co. Rd 5,58`'St. and Memorial Ave. N. surrounding our property all offer vastly different views of our property and the different departments we operate. One of the alternatives we were asked to consider was to combine one of the existing pylon signs (Collision Center sign)on the north side of the property with the new proposed Electronic Message Center(EMC) sign. We have discussed this option internally and really believe that the separate Collision Center sign is essential to our signage and branding on the north side of the building. Our Collision Center is a major Department of Stillwater Motors. It offers a primary and fundamental reason for customers that are not currently shopping for a vehicle to visit us. Removing that sign is not an option. Combining the EMC and the Collision Center Sign would confuse the public into thinking this is a collision center only. The current Collison Center sign is an expensive and attractive sign. The only other visual for that department is a small 31.3 square foot wall sign at the rear of the building. SER 1,7('E& PA R TS OPEN'6 DAYS A I17EEK C'OLLIVON RF_'PAIR CE.1'TER Page 63 of 132 The New Proposed EMC Sign to be located on the NW corner,the Collision Pylon Sign and Chevrolet/Buick Pylon Sign are spaced at 400 feet and 320 feet respectively. The signs are not stacked upon each other and they are all professional grade,attractive and tasteful signs that enhance the image of our business and the surrounding landscape. We do not believe our proposed sign plan along the north side of our property will look like a bad sign row. The professional signs,surrounding landscape and land contours,trees,elevations and setbacks will offer an attractive environment for the location. If the SO foot height is not at all possible on the EMC sign,we can lower it to the 40 foot height to be consistent with our Buick/Chevrolet sign being raised to 40 feet, previously approved. Thank you, Daniel(DJ)Raduenz,President Stillwater Motors Page 64 of 132 EXHIBIT ' <: •— J/��`� '`} tip, �b Q. M1 lot Ak- Ln v t 4 W aid - � rn gip.- , ' � �� u.�. � � �•�N �'�� r f Y �^ Z W Page 65 of 132 EXHIBIT 11,ye N' g,<<-k ro . - 1 -- S,�N o0 b r } i•,l '— i Py to r�3 vp a '•, � � 5�t ry O —! I cn ZZ !4/t�C� Stith. AVENUE NORTH cc w Page 66 of 132 A Y rM p L e, 'I R � ry EXHIBIT 3 i & . AM CC1 V'1 Page 67 of it ° r � a `r 4 CL r, C, t A Page 68 of 132 6. J.. L, w 1 » di irw a �,e . Ilk s s � cu �- no � c w- .G .a f�Pl tc p u ro • Page 69 of 132 EM BIT r-- m w. u e F Q w w r� • w • a a • Page 70 of 132 EXHIBIT B co CL GC] �y OP wy i }b' ti hr ti i Page 71 of 132 { IMT 9 a� f c' T cu c � a ao a ul pit d 000 + G G a I�b rti I i ly W yy � o a. v ■ l Z ro VAN LPl Page 72 of 132 EXHIBIT 10 !Sig 5r ir _ - o S E 6 ID � ° t as Cr 0 aG D a Fu M a 3: 'c .... OD V) LAJ Page 73 of 132 "IT 1 r-� �v W Page 74 of 132 EXHIBIT DAKTRONICS, INC. 1/29/2015 Rick Chase Stillwater Motors To wham it may concem: We are requesting the additional sign along Highway 36 for additional visibility. The request for the pylon signage and the 50 foot in height is in regards to safety and visibbility. By doing different height tests we have determined to have sight lines above the trees and other obstructions we need to have the sign at a Minimum of 50 feet. This height will allow drivers the ability to see the sign easily and make proper tone changes and signals for safety while traveling Highway 36. With our current signage you have to be at the exit to see our business signage. This can make for last minute Improper lone changes and passible safety concerns. We appreciate your consideration In this manner. James Roehrl Daktronics Field Representative Daktronics,Inc. Page 75 of 132 Mir f U I RO r.q +C — C EE U, r-r}g } R.g gip,,. �gbky s #i x P 17 1 ab Z3 i Page 76 of 132 � I I lilt VJ ct Z r4 IV OUIP4218 Page 77 of 132 EXHIBIT 14 Burnsville Sign Regulations —Wall and Freestanding Sign Allowances 10-30-7: WALL SIGNS ALLOWED BY PERMIT: Wall signs will be allowed by permit in B-1, B-2, B-3, B-4, CRD, 1-1, 1-2, 1-3, GIM, GIH districts and commercial uses in an MIX district. (A) Maximum Number; Placement: The maximum number of wall signs for any business in a single occupancy or multiple occupancy building shall be two (2)signs. On a single occupancy building, the signs shall be placed on a separate building facade, with or without street frontage except as allowed in subsection (B)of this section. (B)Comprehensive Sign Plan: Multiple occupancy buildings and single occupancy with more than two (2) signs shall submit and receive city approval of a comprehensive sign plan that illustrates the number, size and location of all wall signs and awning signs for the building. The comprehensive sign plan shall be current within five(5)years and meet the following standards: 1. Through an approved comprehensive sign plan, the site may have building identification wall signs, individual tenant wall signs, awning signs, and freestanding signs. The cumulative total sign area per site shall not exceed the maximum allowable sign area in subsection (C) of this section. 2. Within multiple occupancy buildings, individual tenant signs shall meet the following standards:. a. Tenants having a separate exterior entrance shall be eligible for exterior wall signs. The property owner may identify up to four(4)tenants per building through the comprehensive sign plan that may be eligible for additional exterior wall signs. b. The total wall, awning, and banner sign areas for individual tenant bays shall not exceed the maximum allowable sign area as identified in section 10-30-15, table A of this chapter, as applied to the front exterior facade of the individual tenant bay. No individual wall sign shall exceed three hundred (300) square feet. c. Except for subsection (8)2d of this section, tenant wall, awning, and banner signs shall be located on or above the building facades of the tenant bay occupied by the business. d. The property owner may identify through a comprehensive sign plan up to four(4)tenants per building within the multiple occupancy building that will be eligible to locate wall signs on the building at locations beyond their occupied tenant bays. 3. The location of all wall signs and awning signs shall be established through an approved comprehensive sign plan. No illuminated wall signs shall be located on the side of a building, where the lot directly abuts a residential zoning district. Illuminated wall signs located on the side of a building directly across the street from a residential zoning district require a light sensing device that will adjust the brightness of the display as the natural ambient light conditions change. Page 78 of 132 4. All wall signs shall be constructed in a manner that meets the standards of subsections (E) and (F) of this section. Installation of wall signs shall comply with all building and electrical code requirements of this code. 5. Individual sign permits shall be required prior to the installation of any wall signs, window signs, or awning signs. 6. Awning signs shall meet the performance standards of subsection (N)of this section. 7. Multiple-story/multiple occupancy buildings with tenants served by a common building entrance may have, in addition to the wall signs, one tenant directory sign as either a wall sign or freestanding sign located at each common entrance provided the tenant directory sign meets the following standards: a. Individual tenant directory sign shall not exceed one hundred (100) square feet in area. b. The cumulative total sign area for the entire site shall not exceed the provisions of subsection (C)of this section. c. The tenant directory sign shall be located within fifty feet(50')of the common building entrance. d. A freestanding tenant directory sign shall not exceed ten feet(10') in height. Wall tenant directory signs shall not be located above the building floor where the common entrance is located. (C) Sign Area: The cumulative total wall, awning, and banner sign areas, when added to gross sign area of all freestanding signs on the site, except for wall and freestanding signs that do not count toward the maximum allowable sign area pursuant to subsection 10-30-4(A) of this chapter, shall not exceed the maximum allowable sign area in section 10-30-15, table A of this chapter. (D) Sign Area Calculation: The total sign area shall be calculated by applying the percentages of section 10-30-15, table A of this chapter to the building facades that front on public streets. (E) Construction: Wall signs shall be constructed as individual raised mounted letter signs, and may be mounted on exposed raceways that are painted to match the sign band area. Raised letters shall have a depth from the wall or background surface not less than one inch (1"). No cabinet signs are allowed except for logo signs that are symbols(with no text) and descriptive tag lines. The logo and tag line shall be subordinate to the individual letters. The descriptive tag line may be constructed in a cabinet form with a maximum height of eight inches (8"). Stand alone cabinet signs are prohibited except as architecturally integrated into the building design and approved through a conditional use permit. (F) Materials: Wall signs shall be constructed with a maintenance free/permanent finish material. Wail signs shall not be painted. (G)Signs On Building Facing Two Or More Streets: Signs may be placed on the side of a building or tenant bay not facing a street. No building side may have signage in excess of Page 79 of 132 the signage allowed for that side of the building based upon the maximum allowable sign area of that building facade. No illuminated wall signs shall be located on the side of the building where the lot directly abuts a residential zoning district. (H) New Business, Grand Opening, Or Temporary Business Signs: New business, grand opening, or temporary business signs consisting of banners are allowed as a wall sign for businesses located within a structure and for interim use until permanent signs are installed, subject to the following requirements: 1. Permits shall be limited in duration to no more than sixty(60) days. A business may extend the duration of this sign for an additional thirty (30) days by obtaining a second consecutive permit. Consecutive permits may be applied for simultaneously. 2. Temporary banner wall signs shall be securely attached to the building in such a manner that no portion of the sign will be allowed to blow around freely in the wind. 3. Where a sign criteria has been prescribed for multiple occupancy buildings,the temporary wall sign shall be sized to fit within the specified sign band area. 4. There shall be no additional sign lighting allowed in addition to that which has been approved for the building. 5. Temporary banner wall signs shall comply with the performance standards of subsection 10- 30-3(P)of this chapter. 6. The size and location of these types of signs shall be determined as if the sign were a permanent wall sign as regulated in this chapter or no greater than three hundred (300) square feet, whichever is less. A sign for a grand opening of a business shall be allowed, within the first ninety(90)days of business opening, up to fifty (50) square feet regardless of maximum sign area allowed and shall be at no charge. (1) Parapet Wall Signs: A sign that is above the highest roofline of a building but on a parapet wall that does not extend all the way around the building shall be architecturally integrated into the building design and comply with applicable architectural performance standards of sections 10-19-1 and 10-23-1 of this title. This type of sign shall not be considered a roof sign. (,J) Maximum Size: The maximum size for any one wail sign shall be three hundred (300) square feet. (K)Changeable Copy Signs: Changeable copy signs shall not be allowed as a wall sign, except as may be approved by a conditional use permit. (L)Transient Merchant Signage: Signage for transient merchants as defined and regulated in title 3 of this code, shall be limited to one 32-square foot temporary sign. (M)Temporary/Seasonal Outdoor Sales Uses: Shall be subject to the requirements of section 10-7-48 of this title. Page 80 of 132 (N)Awning/Canopy Signs: Awning/canopy signs may be allowed in addition to wall signs allowed in subsection (A)or(B) of this section provided they meet the following standards: 1. The lowest part of the awning/canopy shall be not less than eight feet(8')above the sidewalk or above the centerline of the adjacent street or drive aisle. 2. Awnings/canopies shall be located over a window or door feature. 3. No awning/canopy signs shall be permitted on windows above the first floor. 4. Awning/canopy signs shall count against the total allowable sign area per section 10-30-15, table A of this chapter. 5. Awning and canopy signs shall require a sign or building permit prior to installation. (Ord. 1332, 12-2-2014) 10-30-8: FREESTANDING SIGNS ALLOWED BY PERMIT:C EJ Freestanding signs will be allowed by permit in B-1, B-2, B-3, B-4, CRD, 1-1, 1-2, 1-3, GIM, GIH districts and commercial uses in a MIX district. (A)Within the B-2 neighborhood business district, freestanding signs shall be limited to monument signs not to exceed six feet(6') in height. (B) Monument signs up to six feet(6) in height shall be located no closer than five feet(5') from a street right of way. (C) Freestanding signs over six feet(6) in height shall be located no closer than twenty feet (20')from the front street right of way; however, the freestanding sign front setback limitation of twenty feet(20') may be decreased where a corresponding decrease in the sign height occurs. The formula for determining the height and setback variation shall be established at or below a diagonal plane beginning at the point twenty feet(20') back from the front property line and rising to the corresponding height limitation set forth in section 10-30-15, table B of this chapter. From that point, the plane descends to a second point five feet(5')back from the front property line at a height of six feet(6'). In the case of a comer lot, all sides fronting on a public right of way shall be deemed the front. (D) Freestanding signs except for an on premises directional sign and signs accessory to drive-through service lanes, shall be located no closer than five feet(5)from any driveway or parking space. (E) Pylon signs shall be located no closer than fifteen feet(15')to the front property line. (F)The minimum pylon sign height clearance to the bottom of the sign, including the cross bracing, framing or sign enclosure shall be eight feet(6). Page 81 of 132 (G)A maximum of one freestanding sign is allowed upon any single lot. Additional freestanding signs may be allowed provided they are in compliance with the following standards: 1. The signs are constructed as a monument sign and shall not exceed a height of six feet(6'). 2. Decorative shrubbery and flowers must be incorporated as a part of the monument design and are maintained on a regular basis. 3. The signs, if illuminated, may be either internally or externally lighted in accordance with these regulations. 4. The gross area of the signs, when added together with all other freestanding and wall sign areas, does not exceed the maximum allowable sign area established for the lot. 5. Monument signs may incorporate additional berming on a slope of three to one(3:1) where the berming is incorporated into an overall landscaping design plan. Landscaping shall be provided on the slopes of the berm in an interesting and varied appearance. Where a planter box is incorporated, the landscaping shall occur in and around the planter with a similar attractive design. In both cases, the height of the sign, including the planter box shall not exceed six feet(6'). 6. Signs allowed pursuant to subsection 10-30-4(A)of this chapter. (H) The gross area and total height of a freestanding sign shall be limited to the maximums prescribed in section 1.0-30-15, table B of this chapter. The maximum size and height of each sign shall be determined by the classification of the street toward which the sign is oriented, provided that the property on which the sign is to be located either fronts on the street or is part of a planned unit development that fronts on the street. (1) In the case of a multiple occupancy building,which is a center for industrial, commercial or retail purposes on properties over ten (10) acres, a freestanding sign larger than that provided for in section 10-30-15, table B of this chapter may be approved by conditional use permit. (J) For monument signs, the copy and graphic area shall not exceed the maximum square feet permitted under section 10-30-15, table B of this chapter. (K)The cumulative gross sign area of all freestanding signs, except as provided for in section 10-30-4 of this chapter, when added to the total wall sign area, shall not exceed the maximum allowable sign area under section 10-30-15, table A of this chapter. (Ord. 1247, 9-20-2011) (L) In all commercial, CRD and MIX districts and approved retail businesses and retail showroom businesses in industrial districts, one changeable copy sign per street frontage may be incorporated as part of a freestanding sign. Changeable copy sign approvals will be granted only upon the elimination of all existing illegal temporary signage. Changeable copy signs may not exceed the brightness or illumination set forth in subsection 10-30-3(C)of this chapter. The following criteria will be applied when reviewing changeable copy sign applications: (Ord. 1316, 4-8-2014) Page 82 of 132 1. The signs shall be attached to the pylon sign beneath the business name or incorporated into an alternative freestanding sign proposal, The design of the sign shall complement other existing signage on the site. 2, The background color shall complement other existing signage on the site. 3. Changeable copy signs on the same lot shall maintain a separation between signs equal to one-half(112)the required lot width within the respective district. 4. The gross area of a freestanding sign under section 10-30-15, table B of this chapter and the maximum allowable sign areas specified in section 10-30-15, table A of this chapter, 5. The lower portion of the changeable copy sign shall meet the eight foot(8') minimum height clearance requirement. If the bottom of a changeable copy sign is proposed at a height below eight feet(8'), the message board shall be enclosed within a vandalproof encasement and shall be designed as a ground sign. (Ord. 1247, 9-20-2011) 6. Color, illumination or intensity shall not change more frequently than one time for every thirty (30)second interval. No scrolling, flashing, continuous movement or other motion shall be permitted. (Ord. 1265, 5-22-2012) 7. Changeable copy signs may not operate at brightness levels that exceed five-tenths (0.5) foot-candle measured on the property line when adjoining residential zones and one (1.0) foot-candle measured on the property line when such line adjoins a similar zone and land use. 8. Each changeable copy sign must have a light sensing device that will adjust the brightness of the display as the natural ambient light conditions change. (M)Where there is a grade difference of more than four feet(4') between the proposed location of a freestanding sign and the higher grade of the street frontage toward which the sign is oriented, the sign height base elevation may be established at the centerline of the street, provided that the property on which the sign is to be located either fronts on the street or is part of a planned unit development that fronts on the street. (N) Signs accessory to drive-through service lanes are permitted in addition as allowed wall signs or freestanding signs provided the following conditions are met: 1. One sign is allowed per approved drive4hrough service lane. 2. No sign shall exceed thirty two (32)square feet in area. 3. No sign shall exceed eight feet(8) in height. 4. Signs with speakers or intercoms shall be designed and located in a manner to direct noise away from adjoining properties. (Ord. 1247, 9-20-2011) Page 83 of 132 10-30-15: SIGN TABLES:t "- (A)TABLE A: MAXIMUM ALLOWABLE SIGN AREA A B B-1 district 50 sq. ft. ar 10%p CUPs in R districts 50 sq. ft. or 12% B-2, 1-3 and GIM districts 50 sq. ft. For P 4% B-3 and CRD districts and commercial uses in a MIX 100 sq. ft. or 16% district B-4, 1-1, 1-2 and GIH districts 125 sq. ft. or 18% A Allowable sign area regardless of building facade. B Maximum allowable sign area based on percentage area of building facade. (B)TABLE B: FREESTANDING SIGN STANDARDS EXCEPT AS OTHERWISE SPECIFIED Speed Area Height Street Classification' (mph) (Sq. Ft.) (Ft.) city 30 -F2a F6 Collector _ F3O �25 _ 16 50 20 24 Principal and minor arterials—F30 F0 18 35. 100 �22 125.._ (24 _ E45 1150 26 Page 84 of 132 15-0+7175 28 Note: 1. Street classifications are defined by the official comprehensive plan as adopted and amended. Signs on directly adjoining frontage roads may use the standards for the adjoining street classification. (Ord. 1247, 9-20-2011) Page 85 of 132 EXHIBI Inver Grove Heights Sign Regulations —Wall and Freestanding Sign Allowances 10-15E-8: SIGNS IN B, I AND F DISTRICTS:C C3 Within the B, I and P districts, nameplate signs and business signs are permitted subject to the following regulations: A. Within the B-1 district, the aggregate square footage of sign space per lot shall not exceed the sum of one square foot per front foot of building, plus one square foot for each front foot of lot not occupied by a building. No individual sign surface shall exceed fifty (50) square feet in a B-1 district. B. Within the B-2 district, the aggregate square footage of sign space per lot shall not exceed the sum of two (2) square feet per front foot of building, plus one square foot for each front foot of lot not occupied by such building,which fronts on a public right of way fifty feet(50')or more in width. No individual sign surface shall exceed one hundred (100) square feet. (Ord. 1098, 11-8-2004) C. Within the B-3 district, the aggregate square footage of sign space per lot shall not exceed the sum of four(4) square feet per front foot of building, plus one square foot per front foot of lot not occupied by a building. No individual sign surface shall exceed one hundred (100) square feet except billboards, and the sign surface of one wall sign on a building with at least fifty thousand (50,000)square feet of gross floor area may be as large as three hundred fifty(350) square feet. All wall signs greater than one hundred (100)square feet must be entirely static. D. Within the B-4 district, the aggregate square footage of sign space per lot shall not exceed the sum of two and one-half(21/2)square feet for each front foot of lot which fronts on a public right of way fifty feet(50') or more in width. No individual sign surface shall exceed two hundred forty (240)square feet in area, nor shall two (2) or more signs be so arranged and integrated as to cause an advertising or display surface over two hundred forty(240) square feet, except the sign surface of one wall sign on a building with at least fifty thousand (50,000)square feet of gross floor area may be as large as three hundred fifty(350) square feet. All wall signs greater than one hundred (100) square feet must be entirely static. (Ord. 1175, 5-27-2008) B. Within the P district, the aggregate square footage of sign space per lot shall not exceed the sum of one square foot per front foot of building, plus one square foot for each front foot of lot not occupied by a building. No individual sign surface shall exceed seventy five (75)square feet in a P district. (Ord. 1098, 11-8-2004) F. Within any I district, the aggregate square footage of sign space per lot shall not exceed the sum of four(4) square feet per front foot of building, plus one square foot per front foot of property not occupied by a building. No individual sign surface shall exceed one hundred (100)square feet, except for the following: Page 86 of 132 1. Billboards. 2. For lots zoned 1-1 and 1-2, the sign surface of one wall sign on a building with at least fifty thousand (50,000)square feet of gross floor area may be as large as three hundred fifty (350)square feet.All wall signs greater than one hundred (100)square feet must be entirely static. (Ord. 1175, 5-27-2008) G.Within all B, I and P zoning districts, the maximum sign height for a property shall not exceed the height of the principal structure on the property by more than ten feet(10') except billboards. H. Within all B, i and P zoning districts,the aggregate square footage of wall mounted signs shall not exceed ten percent(10%)of the surface area of the face of the building upon which the signs are to be mounted. Excluded from this restriction shall be signs for the purposes of regulating traffic movement, identifying loading areas, and similar signs. 1. In all B, I and P zoning districts, freestanding signs shall be placed at a minimum setback of ten feet(10')from any property line. Signs exceeding one hundred (100) square feet of individual sign surface(per side)shalt be set back a minimum of twenty feet(20')from any property line. J.Within the B-3, 1-1 and 1-2 zoning districts, pedestal signs shall be permitted adjacent to the front property line at a rate of one such sign per lot, with an additional pedestal sign being permitted for each two hundred (200) linear feet of lot frontage in excess of two hundred feet(200'). Pedestal signs shall not be spaced closer than two hundred feet (200')apart. (Ord. 1098, 11-8-2004) Page 87 of 132 !"EXHIBIT 1 Lakeville Sign Regulations -Wall and Freestanding Sign Allowances C. Within the O-R district the following additional regulations shall apply: 1. Total Area And Number Of Signs: a. Freestanding Sign: One sign is allowed per lot. The area of a freestanding sign may not exceed fifty(50)square feet each side with a maximum height of twenty feet(20'). b. Wall, Canopy, Or Marquee Sign: For single occupancy buildings, not more than one wall, canopy, or marquee sign shall be permitted on one facade fronting a public street, except in the case of a comer lot or through lot where wall signs may be installed on two (2)facades fronting a public street. The area of individual signs shall not exceed fifty(50)square feet. (Ord. 867, sec. 71, 5-17-2010) D. Within the C-1 district the following additional regulations shall apply: 1. Total Area And Number Of Signs: a. Freestanding Sign: One sign is allowed per lot. The area of a freestanding sign may not exceed fifty(50) square feet each side with a maximum height of twenty feet(20'). b. Wall, Canopy, Or Marquee Sign: For single occupancy buildings, not more than one wall, canopy, or marquee sign shall be permitted on one facade fronting a public street, except in the case of a comer lot or through lot where wall signs may be installed on two (2)facades fronting a public street. The area of individual signs shall not exceed sixty four(64) square feet. 2. Freeway Corridor Area: Signs for uses within the freeway corridor area shall be subject to the regulations of subsection G of this section. (Ord. 867, sec. 72, 5-17-2010) E. Within the C-2, C-3, and C-CBD zoning districts the following additional regulations shall apply: 1. Total Area And Number Of Signs: a. Freestanding Sign: One sign is allowed per lot. The area of a freestanding sign may not exceed one hundred (100) square feet each side with a maximum height of twenty feet(20'). (Ord. 867, sec. 73, 5-17-2010) b. Wall, Canopy, Or Marquee Sign: (1) For single occupancy buildings, not more than one wall, canopy, or marquee sign shall be permitted on one facade fronting a public street, except in the case of a comer lot or through lot where wall signs may be installed on two(2)facades fronting a public street or as may be allowed by subsections E1 b(3)and E1 b(4) of this section. Page 88 of 132 (2)The area of individual signs shall not exceed one hundred (100) square feet, except as may be allowed by subsection E 1 b(3)of this section. (3) Single occupancy building or individual tenant space with a gross floor area of forty five thousand(45,000)square feet or more: (A)Sign Area: (i) The area of one individual sign shall not exceed four hundred forty(440)square feet. (ii) If a second sign is allowed for a single occupancy building or individual tenant with a gross floor area of forty five thousand (45,000)square feet or larger by subsection E1 b(1) of this section, the area of the second individual sign shall not exceed two hundred (200) square feet. (B) Secondary Signs: (i)Additional secondary wall signs shall be allowed on one facade either fronting a public street or that is the front entry of the principal building. (il)The total area of all secondary wall signs shall not exceed one hundred forty four(144) square feet and the area of any one secondary wall sign shall not exceed seventy two (72) square feet. (4)Within the C-CBD district, one additional wall sign not exceeding one hundred (100)square feet shall be allowed to be displayed on a side or rear wall of a building, which may or may not front a public street. (Ord. 888, 2-21-2012) 2. Freeway Corridor Area: Signs for uses within the freeway corridor area shall be subject to the regulations of subsection G of this section. (Ord. 867, sec. 73, 5-17-2010) F.Within the O-P, I-CBD, 1-1, and 1-2 districts the following additional regulations shall apply: 1. Total Sign Area And Number: a. Freestanding Sign: One sign is allowed per lot. The area of a freestanding sign may not exceed one hundred (100)square feet each side with a maximum height of ten feet(10`). b.Wall, Canopy, Or Marquee Sign: For single occupancy buildings, not more than one wall, canopy, or marquee sign shall be permitted on one facade fronting a public street, except in the case of a comer lot or through lot where wall signs may be installed on two (2)facades fronting a public street. The area of individual signs shall not exceed one hundred (100) square feet. 2. Freeway Corridor Area: Signs for uses within the freeway corridor area shall be subject to the regulations of subsection G of this section. (Ord. 867, sec. 74, 5-17-2010) G. Within the freeway corridor district, defined on the zoning map, the following additional regulations shall apply to all C and I district properties: 1. Total Sign Area And Number: Page 89 of 132 a. Freestanding Sign: (1) One sign is allowed per lot. (2)The area of a sign may not exceed one hundred fifty (150)square feet each side, except that the area of a sign for single occupancy buildings with a gross floor area of one hundred thousand (100,000) square feet or larger shall not exceed four hundred (400)square feet. (3) Height: (A) The maximum height of the sign shall not exceed thirty feet (30'), except that the height of the sign for single occupancy buildings with a gross floor area of one hundred thousand (100,000)square feet or larger shall not exceed fifty feet(50'). (B) For convenience food, hotel, motor fuel and restaurant uses developed on properties with an elevation below that of the centerline of 1-35, measured at the closest distance between the sign location and centerline of 1-35, the height of a freestanding sign may increase to be not more than thirty feet(30)above the centerline elevation of 1-35 with a total height not to exceed seventy feet(70'). (Ord. 867, sec. 75, 5-17-2010) b. Wall, Canopy, Or Marquee Sign: (1) For single occupancy buildings, not more than one wall, canopy, or marquee sign shall be permitted on one facade fronting a public street, except in the case of a comer lot or through lot where wall signs may be installed on two (2)facades fronting a public street or as may be allowed by subsection G1 b(3)of this section. (2)The area of individual signs shall not exceed one hundred (100) square feet, except as may be allowed by subsection G1 b(3) of this section. (3) Single occupancy building or individual tenant space with a gross floor area of forty five thousand (45,000)square feet or more: (A) Sign Area: (i) The area of one individual sign shall not exceed four hundred forty (440) square feet. (ii) If a second sign is allowed for a single occupancy building or individual tenant with a gross floor area of forty five thousand (45,000)square feet or larger by subsection G1 b(1) of this section, the area of the second individual sign shall not exceed two hundred (200) square feet. (iii) The area of individual signs for single occupancy buildings or individual tenant spaces with a gross floor area of one hundred thousand (100,000) square feet or larger shall not exceed six hundred (600)square feet. (B) Secondary Signs: (i)Additional secondary wall signs shall be allowed on one facade either fronting a public street or that is the front entry of the principal building. Page 90 of 132 (ii)The total area of all secondary wall signs shall not exceed one hundred forty four(144) square feet and the area of any one secondary wall sign shall not exceed seventy two(72) square feet. (Ord. 888, 2-21-2012) H.Within the P-OS district the following additional regulations shall apply: 1. Freestanding Sign: a. Number Allowed: One sign is allowed per lot, except that one additional sign shall be allowed when there is more than one entrance from a major collector or arterial street. b. Area: The area of each sign may not exceed one hundred (100) square feet per sign face. c. Monument Type; Height: The sign shall be monument type with a maximum height not to exceed ten feet(10'). d. Changeable Copy Signs: (1)Within the allowed area of a freestanding sign, a maximum of forty(40)square feet of nonelectronic changeable copy shall be allowed per frontage to a major collector or arterial street. (Ord. 867, sec. 76, 5-17-2010) (2) For city of Lakeville public administration, fire stations, police department buildings, ice arenas and public maintenance buildings and ISD 192, ISD 194 and ISD 196 school district uses only, as allowed by chapter 97 of this title, the changeable copy sign allowed by this section may utilize electronic graphic display provided that: (A)An electronic graphic display sign shall be displayed only in a yard abutting a minor expander, minor connector or minor reliever street as defined by the comprehensive plan. (B)The operation of the electronic sign shall require issuance of a license pursuant to section 3-22-3 of this code. (Ord. 897, 12-3-2012) 2. Wall, Canopy, Or Marquee Signs: a. For single occupancy buildings, not more than one sign shall be allowed on one facade fronting a public street, except in the case of a corner lot or through lot where one additional one hundred (100) square foot wall sign may be installed on a second facade fronting a public street. b. Additional signs not to exceed forty eight(48) square feet shall be allowed for each building entrance. (Ord. 867, sec. 76, 5-17-2010) I. In a planned unit development district, signing restrictions shall be based upon the individual uses and structures contained in the complex. Signs shall be in compliance with the restrictions applied in the most restrictive zoning district in which the use is allowed. (Ord. 816, sec. 4, 2-5-2007) Page 91 of 132 EXHOIT. 17 Woodbury Sign Regulations —Wall and Freestanding Sign Allowances • DIVISION 2. -NONRESIDENTIAL ZONING DISTRICTS (ALL ZONING DISTRICTS EXCEPT R-1, R-2, R-4 AND R-4(MX)) • Sec. 18.5-56.-Freestanding signs. • (a) Number. Each building may have one freestanding sign per street frontage. (b) Area. (1) A building site having one street frontage may have one freestanding sign not to exceed 80 square feet. (2) Building sites with two or more frontages may have one freestanding sign not to exceed 80 square feet and other freestanding signs not to exceed 40 square feet. (3) Building sites adjacent to the freeway may have one freestanding sign on the freeway frontage not to exceed 150 square feet and one freestanding sign on a second frontage not to exceed 80 square feet and other signs not to exceed 40 square feet. (c) Location. (1) All portions of the sign shall be at least 15 feet from property lines. (2) Freeway signs must be not more than 100 feet from the freeway property lines. (3) No freestanding sign over three feet high shall be erected or maintained within the clear vision triangle. (4) Freestanding signs shall not be erected or maintained any closer than three feet to any building. Page 92 of 132 (d) Height. The maximum height for freestanding signs shall be 20 feet except freeway signs may be 30 feet. (e) Design. Freestanding signs shall be attached to a base which is at least 75 percent of the width of the sign but shall not exceed the width of the sign by more than 20 percent. The base shall be constructed of class I materials that match those used on the building for which the sign is installed. If no class I materials are used on the building, class I or 11 materials shall be used. (Ord. No. 1641, § 1641.02, 1-10-96; Ord. No. 1764, § 1764.01, 8-24-2005;Ord. No. 1816, § 1816.01, 3-11- 2009) • Sec. 18.5-57. Wall signs. (a) Number. Any number of wall signs may be installed on a wall. (b) Area. (1) The least restrictive of(1)a. or(1)b. may be used for allowable area. a. The total area of all wall signs on any wall shall not exceed eight percent of the area of the wall with a maximum allowable area of 60 square feet; or b. The total area of all wall signs on any wall shall not exceed four percent of the area of the wall with a maximum allowable area of 200 square feet. (2) The allowable area of wall signs for multitenant buildings with individual entrances from the outside shall be calculated based on the exterior wall area of the space the tenant occupies. Each tenant frontage shall be considered a separate wall. (3) Auxiliary canopies area allowed wall signs based on the wall area of the canopy (vertical surface below the roof line). (c) Location. (1) Wall signs may be placed on not more than three wails of rectangular shaped structures or not more than 75 percent of the major walls on nonrectangular shaped buildings. Page 93 of 132 a. Signs may be attached flat against or pinned away from a building wall, but shall not extend or protrude more than 18 inches from the wall. b. Signs may be attached to the facade of a building, but shall not extend above the roof line. C. Signs may be on a building canopy, awning or marquee. Such signs will be considered wall signs on the wall [to which]the canopy or awning is attached. d. Wall signs must be below the roof line. (Ord. No. 1641, § 1641.02, 1-10-96; Ord. No. 1816, § 9816.01, 3-11-2009) Page 94 of 132 A RECOMMENDING RESOLUTION OF THE PLANNING COMMISSION CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA A RESOLUTION ESTABLISHING FINDINGS OF FACT AND RECOMMENDING TO THE CITY COUNCIL THAT THE REQUEST BY RADUENZ DEALERSHIP PROPERTIES LLC FOR SIGN VARIANCES AT THE STILLWATER MOTORS DEALERSHIP AT 5900 STILLWATER BOULEVARD NORTH SHOULD BE APPROVED WITH CONDITIONS WHEREAS, the City of Oak Park Heights has received a request from Raduenz Dealership Properties LLC for sign variances at the Stillwater Motors Dealership at 5900 Stillwater Boulevard North; and after having conducted a public hearing relative thereto,. the Planning Commission of Oak Park Heights makes the following findings of fact: 1. The real property affected by said application is legally described as follows, to wit: SEE ATTACHMENT A and 2. The applicant has submitted an application and supporting documentation to the Community Development Department consisting of the following items: SEE ATTACHMENT B and 3. The property is zoned B-3 Highway Business and Warehouse District in which automobile dealerships are a listed conditional use permit; and 4. The City Council, at their January 13, 2015 meeting approved sign variances to allow an additional pylon sign (four total), to allow for a 40 foot sign where a 30 foot sign is allowed, to increase the allowable overall sign square footage to 760 square feet for the site, and to allow for a changeable copy sign (Option 4) that will not meet the allowable requirements; and Page 95 of 132 5. The application was approved with Option 4 as the additional freestanding sign and that the changeable copy portion of this sign be allowed to exceed the 35 percent requirement; and 6. At the January 13, 2015 City Council meeting, the Applicant asked the City Council to consider allowing an additional changeable copy sign on the highway 36 frontage; and 7. The City Council approved the sign variances as recommended by the Planning Commission and referred the issue of an additional changeable copy sign to the Planning Commission; and 8. The Applicant provided plans for an additional changeable copy sign at the northwest corner of the Stillwater Motors property that would be 50 feet in height and 184 square feet maximum size. Additionally, the Applicant requested that the Collision Center freestanding sign and the Buick and Chevrolet wall signs remain as currently existing on site; and 9. City staff prepared a planning reports dated February 3, 2015 and March 5, 2015 reviewing the request; and 10. Said report recommended approval of the variance requests subject to a Iimitation on the height and amount of overall signage, and fulfillment of conditions; and 11. The Planning Commission held public hearings at their February 19, 2015 and March 12, 2015 meetings, took comments from the Applicants and public, and recommended approval of the application subject to conditions. The Planning Commission recommended that the changeable copy sign on the northwest corner of the site be limited to 40 feet in height, 160 square feet in size and applicant shall remove signage on site to no more than 760 square feet within a 24 month period from the date the changeable copy sign permit is issued. NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING COMMISSION FOR THE CITY OF OAK PARK HEIGHTS THAT THE PLANNING COMMISSION RECOMMENDS THE FOLLOWING: A. The application submitted by Raduenz Dealership Properties LLC for sign variances at the Stillwater Motors Dealership at 5900 Stillwater Boulevard North should be approved 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 sign variances subject to the following findings of fact: 2 Page 96 of 132 1. The variance criteria in Section 401.04 of the Zoning Ordinance have been reviewed and it has been determined by the Planning Commission that an additional changeable copy sign is justified. 2. Due to the location of this business and the site will have limited visibility from Highway 36, allowing less than a 40 foot sign could cause an undue hardship for the business and the ability of the customers to locate the building. 3. The additional sign height to 40 feet and a maximum of 160 square feet will ensure visibility and identification of the business from both east and west bound traffic on Highway 36, 4. The additional changeable copy sign shall reduce the requests for temporary signage at this site. The Planning Commission recommended the following subject to the conditions as follows: Variances - To allow an additional changeable copy pylon sign greater than 150 square feet, to allow for a 40 foot sign where a 30 foot sign is allowed, to allow for a changeable copy sign that will not meet the maximum changeable copy requirements, and to have the Applicant remove signage within 24 months from issuing the sign permit for the changeable copy pylon sign so that the overall square footage of signage on site shall be no more than 760 square feet. 1. All conditions of the Conditional Use Permit and Variance for Raduenz Dealership Properties LLC approved July 26, 2005 and January 13, 2015 shall remain in effect. 2. The proposed changeable copy sign shall not exceed 40 feet in height and 160 square feet in sign face size. 3. The Applicant shall remove signage within 24 months from issuing the sign permit for the changeable copy pylon sign so that the overall square footage of signage on site shall be no more than 760 square feet. 4. The sign specifications and methods of illumination shall be subject to review and approval of the City Planner at the time of permitting. 5. A landscape plan for the area around the new sign shall be provided to the City and shall be subject to review and approval of the City Arborist. 3 Page 97 of 132 Recommended by the Planning Commission of the City of Oak Park Heights this 1.2t` day of March, 2015. Jim Kremer, Chair ATTEST: Eric A. Johnson, City Administrator 4 Page 98 of 132 Attachment A Washington County GEQ Code: 06.029.20.12.0021 & 06.029.20.12.0022 Legal Description: Lot 1, Block 1, Kern Center Physical Address: 5900 Stillwater Blvd. N. Page 99 of 132 ATTACHMENT B VARIANCE Stillwater Motors 5900 Stillwater Blvd. N. Application Materials—As part of original application submittal • Application Form • Fees • Plan Sets (3 Large Scale Sets/20 11X17 Sets) • Written Narrative and Graphic Materials Explaining Proposal • Mailing List from Washington County(500' from subject property) • Proof of Ownership or Authorization to Proceed Planning Commission Public Hearing& Recommendation: March 12, 2015 Variance—Lapse of Approval: Unless the City Council specifically approves a different time when action is officially taken on the request, the variance shall become null and void twelve (12)months after the date of approval, unless the property owner or applicant has substantially started the construction of any building structure, addition or alteration, or use requested as part of this variance. The property owner shall have the right to submit an application to extend the approval of a variance to the Zoning Administrator not less than thirty (30) days before the expiration of said approval. (401.4.0 .1 —401.4.C.2) Page 100 of 132 RESOLUTION NO. CITY COUNCIL CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESO'T'A A RESOLUTION ESTABLISHING FINDINGS OF FACT AND RESOLUTION OF THE CITY COUNCIL THAT THE REQUEST BY RADUENZ DEALERSHIP PROPERTIES LLC FOR SIGN VARIANCES AT THE STILLWATER MOTORS DEALERSHIIP AT 5900 STILLWATER BOULEVARD NORTH BE APPROVED WITH CONDITIONS WHEREAS, the City of Oak Park Heights has received a request from Raduenz Dealership Properties LLC for sign variances at the Stillwater Motors Dealership at 5900 Stillwater Boulevard North; and 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 and resolution: 1. The real property affected by said application is legally described as follows, to wit: SEE ATTACHMENT A and 2. The applicant has submitted an application and supporting documentation to the Community Development Department consisting of the following items: SEE ATTACHMENT B and 3. The property is zoned B-3 Highway Business and Warehouse District in which automobile dealerships are a listed conditional use permit; and 4. The City Council, at their January 13, 2015 meeting approved sign variances to allow an additional pylon sign (four total), to allow for a 40 foot sign where a 30 foot sign is allowed, to increase the allowable overall sign square footage to 760 square feet for the site, and to allow for a changeable copy sign (Option 4) that will not meet the allowable requirements; and Page 101 of 132 5. The application was approved with Option 4 as the additional freestanding sign and that the changeable copy portion of this sign be allowed to exceed the 35 percent requirement; and 6. At the January 13, 2015 City Council meeting, the Applicant asked the City Council to consider allowing an additional changeable copy sign on the Highway 36 frontage; and 7. The City Council approved the sign variances as recommended by the Planning Commission and referred the issue of an additional changeable copy sign to the Planning Commission; and 8. The Applicant provided plans for an additional changeable copy sign at the northwest corner of the Stillwater Motors property that would be 50 feet in height and 184 square feet maximum size. Additionally, the Applicant requested that the Collision Center freestanding sign and the Buick and Chevrolet wall signs remain as currently existing on site; and 9. City staff prepared a planning reports dated February 3, 2015 and March 5, 2015 reviewing the request; and 10. Said report recommended approval of the variance requests subject to a limitation on the height and amount of overall signage, and fulfillment of conditions; and 11. The Planning Commission held public hearings at their February 19, 2015 and March 12, 2015 meetings, took comments from the Applicants and public, and recommended approval of the application subject to conditions. The Planning Commission recommended that the changeable copy sign on the northwest corner of the site be limited to 40 feet in height, 160 square feet in size and applicant shall remove signage on site to no more than 760 square feet within a 24 month period from the date the changeable copy sign permit is issued. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL FOR THE CITY OF OAK PARK HEIGHTS THAT THE CITY COUNCIL APPROVES THE FOLLOWING: A. The application submitted by Raduenz Dealership Properties LLC for sign variances at the Stillwater Motors Dealership at 5900 Stillwater Boulevard North should be approved and affecting the real property as follows: SEE ATTACHMENT A The City Council of the City of Oak Park Heights approves the sign variances subject to the following findings of fact: 2 Page 102 of 132 1. The variance criteria in Section 401.04 of the Zoning Ordinance have been reviewed and it has been determined by the Planning Commission that an additional changeable copy sign is justified. 2. Due to the location of this business and the site will have limited visibility from Highway 36, allowing less than a 40 foot sign could cause an undue hardship for the business and the ability of the customers to locate the building. 3. The additional sign height to 40 feet and a maximum of 160 square feet will ensure visibility and identification of the business from both east and west bound traffic on Highway 36. 4. The additional changeable copy sign shall reduce the requests for temporary signage at this site. The City Council approves the following subject to the conditions as follows: • Variances - To allow an additional changeable copy pylon sign greater than 150 square feet, to allow for a 40 foot sign where a 30 foot sign is allowed, to allow for a changeable copy sign that will not meet the maximum changeable copy requirements, and to have the Applicant remove signage within 24 months from issuing the sign permit for the changeable copy pylon sign so that the overall square footage of signage on site shall be no more than 760 square feet. 1. All conditions of the Conditional Use Permit and Variance for Raduenz Dealership Properties LLC approved July 26, 2005 and January 13, 2015 shall remain in effect. 2. The proposed changeable copy sign shall not exceed 40 feet in height and 160 square feet in sign face size. 3. The Applicant shall remove signage within 24 months from issuing the sign permit for the changeable copy pylon sign, so that the overall square footage of signage on site shall be no more than 760 square feet. 4. The sign specifications and methods of illumination shall be subject to review and approval of the City Planner at the time of permitting. 5. A landscape plan for the area around the new sign shall be provided to the City and shall be subject to review and approval of the City Arborist. 3 Page 103 of 132 Approved by the City Council of the City of Oak Park Heights this 24th day of March, 2015. Mary McComber, Mayor ATTEST: Eric A. Johnson, City Administrator 4 Page 104 of 132 Attachment A Washington County GEO Code: 06.029.20.12.0021 & 06.029.20.12.0022 Legal Description: Lot 1, Block 1, Kern Center Phvsical Address: 5900 Stillwater Blvd. N. Page 105 of 132 ATTACHMENT B VARIANCE Stillwater Motors 5900 Stillwater Blvd. N. Application Materials —As part of original application submittal • Application Form • Pees • Plan Sets (3 Large Scale Sets/20 11X17 Sets) • Written Narrative and Graphic Materials Explaining Proposal • Mailing List from Washington County(500' from subject property) • Proof of Ownership or Authorization to Proceed Planning Commission Public Hearing& Recommendation: March 12, 2015 Variance—Lapse of Approval: Unless the City Council specifically approves a different time when action is officially taken on the request, the variance shall become null and void twelve(12) months after the date of approval, unless the property owner or applicant has substantially started the construction of any building structure, addition or alteration, or use requested as part of this variance. The property owner shall have the right to submit an application to extend the approval of a variance to the Zoning Administrator not less than thirty(30) days before the expiration of said approval. (401.4.0 .1 —401.4.C.2) Page 106 of 132 VP Oak Park Heights Request for Council Action Meeting Date March 24, 2015 Time Required: 5 Minutes Agenda Item Title: Approve Developer's Agreement--Palmer Station develo merit— 13 single family units. Agenda Placement New Business Originating Department/Reques 6 ri son Git Administrator Requester's Signature Action Requested Discussion Possible Approval i 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 as developed by the City Attorney. That document is enclosed herein for consideration. 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 9118/14. At this time staff does recommend and asks approval of this Agreement acknowledging the minor changes in the lot lines,and subject to any final revisions required by the City Attorney. Please note:Staff does anticipate that the Developer to make another request that the City pay a portion of the required storm water pipe that is required under in the Developer's Agreement as found in Section 6. M. 11. This was required by the City Council in its approvals from 2014. An updated letter of explanation has been requested from the Developer as to how they come to their position in greater detail but has net yet been received. Page 107 of 132 TPC3801 Thurston Avenue N,Suite 100 Anoka, MN 55303 Phone:783.281.5840 Facsimile_7®3.427.0520 TPCeP1ann1ngCo.r m f PLANNING REPORT TO: Eric Johnson FROM: Scott Richards DATE: September 18, 2014 RE: Oak Park Heights-Palmer Station w-Property Subdivision Preliminary/Final Plat Approval- 13999 6CM Street North. TPC FILE: 236.02- 14.02 BACKGROUND The City Council approved the Preliminary and Final Plat for a 13 krt subdivision on the Palmer property, 13999 8& 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 (PUD/CUP), and Preliminary/Final Plat approvals. Sinus 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 amts the We on the east side of Oak Cove North. The Applicants has proposed a minor change In the krt 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 Agreemerrt 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 Page 108 of 132 CONCLUSION !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 Hackwoarthy Steve Johnston, Julie Hultman 2 Page 85 of 120 Page 109 of 132 z u U� 0i ' 1 �iE43 i -f ja j`f► >r l f I I ;ratill ocr �ExZ' sxrob• 7r.4 =14MMUC � AV � L_ j� WS41 P tiltrl'lk' � _..4..� ' 1S i ` w f � •ti I � , „ +� ` / I ; a W :;Y I � 1 `� • i' F I I r`r �Iw - --J 1 11 ,1------- --- I T_agW t y� ---- --- I ' I I v Z 4+F Tom° -'------�--- # _--- --------�- - � 1 Page Ss of 120 Page 110 of 132 r� w f-- Fig WZ � F 1w 1 P I ra O JIM! SPIN, Ul f131 N + Of us sn 1 v i1 . t I — r.- ! Yak f 1 1 1: n s f `�..+. 1 "�.',� C � � � I i�.t I � wr rE � f� •� � -: r � e ��� ,if fit po1` w pt {rr 1 i L. W Page 87 pp T2 ... Page �11 0 132 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 112 of 132 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 113 of 132 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. E. 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. 1. The Developer shall dedicate and survey the storm water drainage pipe constructed to connect through the neighborhood to the south of this development. 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 storm sewer cleaning, holding and pond dredging for all storm water ponds on site. 3 Page 114 of 132 J. The Developer shall be responsible for securing all necessary approvals, PUDs, CUPS and permits from 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 furnished by the manufacturer or authorized distributor designated by the manufacturer. Storz adapters will not be accepted. 4 Page 115 of 132 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: I. 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 fancily residential lots are required to submit an accurate tie card showing the utilities installed and measurements from fixed objects (comer 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. 8. City staff shall document the time and materials required to review, confirm and accept the installation documentation and shall 5 Page 116 of 132 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& S WPPP $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 SECURITY REQUIREMENT(25%) $71,448.00 6 Page 117 of 132 TOTAL PLAN A ESCROW S357,239,00 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 the Plan A improvements.. 7 Page 118 of 132 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 same 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 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 8 Page 119 of 132 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 S ecifca ions. 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. Final determination of the proposed bidder's list shall rest in the discretion of the City Engineer. 9 Page 120 of 132 D. Ownershi of Plan B Irri rovements. 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 casements 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. P. 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 Charves. 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 10 Page 121 of 132 5. CASH ESCROW ACCOUNT. The Developer shall provide a cash escrow account to the City of Oak Park Heights in the amount of $5000A0 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 may be issued by the City. C. lnco oration 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. L 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) 11 Page 122 of 132 D. Developer's Agreement Recording. The City of Oak Park Heights shall file the DeveIoper'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. Zoning. 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 12 Page 123 of 132 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. I Li tin . 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. Si nage. 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 124 of 132 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 125 of 132 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. 18. 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 126 of 132 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 127 of 132 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.. Notary Public 17 Page 128 of 132 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 129 of 132 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 1/4 of NW 1/4) 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 1/4 of NW '/4) Section Four (4); thence South along said West line of Southwest Quarter of the Northwest Quarter (SW '/4 of NW '/4)One hundred (100) feet; thence East and parallel with the North line of the said Southwest Quarter of the Northwest Quarter (SW '/4 of NW '/4) One hundred eight-three (183) feet; thence North and parallel with said West line of Southwest Quarter of the Northwest Quarter (SW 1/4 of NW '/4) Section Four (4), One hundred (100) feet; thence West and parallel with said North line of Southwest Quarter of the Northwest Quarter (SW 1/4 of NW '/4) 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 130 of 132 (SW E/4 of NW '/) of Section Four (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 %4 of NW '/4) 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 '/4 of NW %4) 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 131 of 132 THIS PAGE IS INTENTIONALLY LEFT BLANK tA Page 132 of 132