HomeMy WebLinkAbout06-23-2015 Council Packet CITY OF OAK PARK HEIGHTS
TUESDAY, JUNE 23, 2015
CITY COUNCIL MEETING AGENDA
7:00 P.M.
7:00 p.m. I. Call to Order/Pledge of Allegiance/Approval of Agenda
Estimated
times
7:05 p.m. II. Council/Staff Reports
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
None
7:15 p.m. IV. Consent Agenda(Roll Call Vote)
A. Approve Bills & Investments
B. Approve City Council Minutes—June 9, 2015 (pg. 7)
C. Award the 2015 June Tree Removal, Pruning, and Stump Grinding Project to St.
Croix SavATree (pg. 11)
7:20 p.m. V. Public Hearings
None
7:20 p.m. VI. Old Business
A. St. Croix River Crossing Project Update (no enclosure)
B. Street Reconstruction Update (no enclosure)
C. BCWD—Norell Ave. Pond Proposal (pg. 19)
7:30 p.m. VII. New Business
A. Consider Timeline Extension—Palmer Station Development (pg. 35)
B. STH 36 —OakgreenJGreeley Elevation (pg. 51)
C. Street Reconstruction— STANTEC Addendum #2 and Damages Request (pg. 53)
D. Park Commission Work Session Request and Council Meeting Dates—July&
August (pg. 69)
E. Authorize Finance Director to Prepare Preliminary 2016 Budget and Adoption of
the Proposed Budget. Schedule (pg. 71)
7:40 p.m. VIII. Other Council Items or Announcements
Page 1 of 72
Agenda
June 23, 2015
Page 2
7:45 p.m. IX. Adjournment
Page 2 of 72
f
Oak Park Heights
Request. for Council Action
Meeting Date June 23, 2015
Agenda Item Recycling Award
Time Req. 0
Agenda Placement Staff Reports
Originating Department/Requestor Admialistration/Jennifer Pinski
Requester's Signatur
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 72
City of
Oak Park Heights
14168 Oak Park Blvd. N.Box 2007.Oak Park Heights,MN 55082•Phone(651)439-4439.Fax(651)439-0574
June 17, 2015
Deanne DeRosier
14588 57th Street North
Oak Park Heights, MN 55082
Dear Deanne:
Thank you for participating in the City's recycling program. As an incentive to
recycle and to increase fire prevention awareness, the City rewards two
residents each month with their choice of an award of $25.00 or a fire
extinguisher and/or smoke detector(s).
Your residence was checked on Thursday, June 11, 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.
Congratulate
J r
Jennifer Pinski
Deputy Clerk
TREE CITY U.S.A.
Page 4 of 72
City of
Oak Park Hei hts
14168 Oak Park Blvd. N.Box 2007.Oak Park Heights,MN 55082•Phone(651)439-4439•Fax(651)439-0574
June 17, 2015
Nick & Nicole Rodriguez
5503 Oakgreen Place North
Oak Park Heights, MN 55082
Dear Mr. and Mrs. Rodriguez:
Thank you for participating in the City's recycling program. As an incentive to
recycle and to increase fire prevention awareness, the City rewards two
residents each month with their choice of an award of $25.00 or a fire
extinguisher and/or smoke detector(s).
Your residence was checked on Thursday, June 11, 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.
Con ratulations!;--
Jennifer Pinski
Deputy Clerk
TREE CITY U.S.A.
Page 5 of 72
THIS PAGE IS INTENTIONALLY LEFT BLANK
Page 6 of 72
J +
Oak Park Heights
Request for Council Action
Meeting Date June 23, 2015
Agenda Item Approve City Council Minutes—June 9, 2015
Time Req, 0
Agenda Placement Consent
Originating Department/Requestor Administration/Jennifer Pinski
Requester's Signatur
Action Requested Approve
Background/Justification (Please indicate any previous action has been taken or if other public
bodies have been advised).
See Attached.
Page 7 of 72
CITY OF OAK PARK HEIGHTS
TUESDAY, JUNE % 2015
CITY COUNCIL MEETING MINUTES
I. Call to Order/Pledge of Alle iance/A royal of Agenda: Mayor McComber
called the meeting to order at 7:00 p.m. Present: Councilmembers Liljegren,
Runk, and Swenson. Staff present: City Attorney Vierling, Finance Director
Caruso, and Police Chief DeRosier. Absent: Councilmember Dougherty, City
Administrator Johnson, City Engineer Mlejnek, and City Planner Richards.
Councilmember Runk, seconded by Councilmember Liljegren, moved to approve
the Agenda. Carried 4-0.
IL Council/Staff Reports:
A. Mayor McComber: She reported that Councilmember Dougherty's father
passed away. She also congratulated recent graduates. She also reported
she attended the summer park program on June 9, and the next summer
park programs were an animal presentation on June 16 and movie night on
June 19; the next Parks Commission meeting was June 15 with a
worksession at 6:00 p.m. and a regular meeting at 7:00 p.m.; she attended
the DNR meeting at Bayport Library regarding carp on June 9; she
received a report from the Minnesota Association of Small Cities which
she would give to City Administrator Johnson for Weekly Notes; there
was still time to register for the LMC Conference; and she would attend
the Middle St. Croix Watershed Management Organization meeting on
June 11.
B. Councilmember Dou ert X: Absent.
C. Councilmember Liljegren: He reported the next Planning Commission
meeting was set for June 11 where they would discuss the sign ordinance.
D. Councilmember Runk: No report.
E. Councilmember Swenson: He reported that the next Cable Commission
meeting was set for June 11 at 6:00 p.m. at the Access Center. He stated
they would be talking about updating the cameras in all the council
chambers.
F. Staff. No report.
III. Visitors/Public Comment:
A. Presentation by Ms. Sally Anderson, Community Thread: Ms. Anderson
provided a summary of the programs offered by Community Thread and
requested a gift of$3,000 from Oak Park Heights for 2016 programming.
Page 8 of 72
City Council Meeting Minutes
June 9, 2015
Pave 2 of
IV. Consent Agenda:
A. Approve Bills & Investments
B. Approve City Council Minutes—May 26, 2015
C. Approve Change Order#2 —2015 Street Reconstruction—Oren Ave
Water Main
D. Approval of Request for Deferral of Special Assessments Based on
Exceptional and Unusual Circumstances (Applicant 2015-1)
E. Authorize Execution of 5K Run Event for Special Olympics Minnesota on
June 19, 2015
F. Waive Statutory Limits for Liability Insurance Offered by LMCIT for
2015
Councilmember Swenson, seconded by Councilmember Runk, moved to approve
the Consent Agenda. Roll call vote taken. Carried 4-0.
IV. Public Hearin
A. Oak Park Heights Senior Living; Phase IV— Green Twig Villas Bond
Issuance: Mayor McComber read the memo included in the City Council
meeting packet and opened the Public Hearing. No public comments
made.
Councilmember Runk, seconded by Councilmember Liljegren, moved to
close the Public Hearing. Carried 4-0.
Councilmember Runk, seconded by Councilmember Liljegren, moved to
approve the Resolution. Roll call vote taken. Carried 4-0.
VI. Old Business:
A. St. Croix River Crossing Project Update: Mayor McComber reported the
contractor was close to finishing along the corridor. No action was taken.
B. Street Reconstruction Update: Mayor McComber reported that work had
started and the public should call the project hotline with questions or
concerns. No action was taken.
C. Tobacco Com liance Violation--Wal eens: Chief DeRosier provided an
update. Councilmember Swenson, seconded by Councilmember
Liljegren, moved to impose a$500 sanction for the violation. Carried 4-0.
VII. New Business:
Page 9 of 72
City Council Meeting Minutes
June 9, 2015
Page 3 of 3
A. Consider Scheduling a "Ribbon Cutting" Event for Oak Park Crossin
Park: Councilmember Runk, seconded by Councilmember Swenson,
moved to set the event for July 20, 2015 at 6:00 p.m. Carried 4-0.
B. Consider Ordinance Amendments — Off-Sale Growlers and Sunda On-
Sale Start Time: The City Council discussed this item and decided to leave
the Ordinance as it was. No action was taken.
VIII. Other Council Items or Announcements:
None
IX. Closed Session
City Attorney Vierling reported that the City Council would go into a closed
session to discuss a matter regarding potential litigation regarding the City of Oak
Park Heights and Northland Securities.
Councilmember Swenson, seconded by Councilmember Liljegren, moved to go
into closed session. Carried 4-0.
The City Council resumed open session. City Attorney Vierling reported that the
matter was reviewed and there was discussion on strategy on framing the position
further. No action was taken in the closed session.
X. Adjournment
Councilmember Swenson, seconded by Councilmember Liljegren, moved to
adjourn the meeting at 7:50 p.m. Carried 4-0.
Respectfully submitted, Approved as to Content and Form,
Jennifer Pinski Mary McComber
Deputy Clerk Mayor
Page 10 of 72
Oak Park Heights
Request for Council Action
Meeting Date: Tuesdgy June 23, 2015
Agenda Item: June 2015 Tree Removal, Pruning and Stump Grinding;
Time Req. 1 Minute
Agenda Placement: Consent
Originating Department/Request : Public Works Andy Ke le Public Works Director Lisa
Danielson, Arborist l
r
Requester's Signature
Action Requested: Awar th 20t5 June Tree Removal Pruning and Stump Grinding Project to
St. Croix SavATree
Please See Attached Memo.
Two (2) tree services submitted quotes to complete the City of Oak.Park Heights June 2015 Tree
Removal, Pruning and Stump Grinding List. Quote requests were sent to five (5) tree services
that have done satisfactory work for the City in the past. St. Croix SavATree submitted the
lowest quote; therefore I recommend that St. Croix SavATree be awarded the project.
Page 11 of 72
" City of Oak Park Heights
14168 Oak Park Blvd N..Box 2007.Oak Park Heights,AKIN 55082 Phone(651)439-4439•Fax 439-0574
Memorandum
To: Andy Kegley, Public Works Director
Co: Eric Johnson, City Administrator, Mayor and Council
From: Lisa Danielson, Arborist
Date: 06/18/2015
Re: City of Oak Park Heights ,tune 2015 Tree Removal, Pruning and Stump Grinding
Quotes
Attached are the copies of the quotes that were submitted from tree services for the June
2015 City of Oak Park Heights Tree Removal, Pruning and Stump Grinding list.
Trees included on the list are along boulevards and in parks. Trees are dead, a nuisance, ash
to be removed for Emerald ash borer (EAB) management, or pose a risk. Trees to be
removed due to death have been marked with a bright orange X on the street, or park side of
the trunk. Trees in the Brekke Pine plantation are marked with an orange ring around the
trunk. The list includes location, tree species, sizes, and work to be done. A number of
boulevard trees are being pruned of hanging, broken branches.
Trees that are removed along the boulevards or high traffic/turf park areas will have the
stumps and surface roots ground out, sites will be restored with black dirt and grass seed.
Residents having a boulevard tree removed will have the option of having a replacement tree
planted on the boulevard if space permits.
Quote requests were sent out to five (5) tree services that have done satisfactory work for the
City in the past-, two (2) tree services provided a quote by the deadline. St. Croix SavATree
provided the lowest quote,- therefore I'll make the recommendation that they be awarded the
project.
T_ EF CITY U.S.A.
Page 12 of 72
11::j
PIW
Proposal
for
City Of Oak Park Heights
For service at
Various locations
Oak Park heights, MN
Prepared By
Iris Muehle k
Page 13 of 72
Cornnierciai Tree Maintenance 4
Remove trees, chip and restore stumps, and prune per quote request dated 05-04-2015.
See attached spreadsheet for itemization.
$ 9,250.00
Page 14 of 72
SavATree has been given authorization to proceed with the estimate and detail of work as
outlined in our proposal dated June 11, 2015.
General Tree Care $ 9,250.00
1 authorize the work described above and agree to the terms and conditions that follow.
AUTHORIZATION Dated
Arborist/Branch Contact: Accourn ,; 1019008
Chris M uehleck
SavATree& SavaLawn
675 Grupe St.
Roberts, WI 54023
P:(7I5) 749-3475
F:(715) 749-3465
E:roberts@savatree.com
W1 Business Number:
Page 15 of 72
TREE PRICE
1 i $550
z $550_
3 $75
- r -
4 $75
5 $75
6 $550
7 $75
8 $75
9 t $75
10 $125
11 $75
12 $75
13 $75
14 $75-
15 $50
16 4 $825
17 $300
18 $100
19 $100
20 S`0
21 $100
22 — Si 75
23 57
24 S1CIO
26 5110
27 51017
28 5 CC,
29 t-
+-
30 S.
31 0
32
33 ti1(7(
34
35
36
37 $100
38 $50
S $75
ii 5 7
4 $75
42 $75
43 cs0
44 $75
4S $75
46 $7S
47 $75
48 $75
49 $75
50 $50
51 $50
52 $700
53 $550
54 $0
S5 $150
56 TS()
57 $100
58 $50
59 $100
60 $500
61 $S00
TOTAL $9,250
Page 16 of 72
S&S Tree and Horticultural Specialists,Inc.
405 Hardman Ave
` TREE AND South St. Paul,MN 55075
HORTICULTURAL Phone: Fax: (651)451-1787 .« o.:.
SPECIALISTS, INC. Email: rneeser @sstree.corn r
Client 6/17/2015
CITY OF OAK PARK HEIGHTS2 Proposal#:20048172-00000244
14168 Oak Park Blvd#20072 Account#: 3183231
Oak Park Hts, MN 55082-6476 Home: (651)439-4439
Fax: (651)439-0574
Tree Pruning and Surgery Price Tax 'Total
❑ Tree Removal $16,425.00 $16,425.00
Remove boulevard and park trees per list to near ground level. Clean up and dispose of all debris.
❑ Stump Grinding $2,200.00 $2,200.00
Grind boulevard and park trees stumps per list to 6-8"below ground level hauling chips and replacing it with soil
and grass seed.
❑ Tree Pruning $750.00 $750.00
Prune boulevard and park trees per list.
Sales tax will be added per local jurisdiction unless tax exempt form is on file.
❑ Yes, please schedule the services marked above.
No Deposit required upon acceptance Credit Card!l: (or)Check#
$.00 Deposit Amt.Required Exp.Date1�
VISA
$ Deposited Name as it appears on card:
a•�".ERIfFVJ
Upon completion of work,please charge balance to credit card Yes 0 No mess
ACCEPTANCE OF PROPOSAL:The abo�e prices and conditions are hereby accepted.You are authorized to do this work as specified.1 am familiar with and agree to the
terms and conditions appended to this form_All deletions have been noted.1 understand that once accepted,this proposal constitutes a binding contract.This proposal may
be withdrawn ifnot accepted within 30 days.
P o-b-
Rob Neeser Authorizing Signature Date
Ver 216117/2015 a
Page 17 of 7L?age 1 of 1
Client Care Guarantee
We use quality products that are administered by trained personnel.%Ve guarantee to deliver what we have contracted to deliver.If we do not,we will work
with you until ti-ou are satisfied,or you will not he charged for the disputed item.Our Client Care Guarantee demonstrates our commitment to creating
lifelong client relationships.
T rev Pruning and Surgery
PRtiNLtiG:Performed by trained arborists using industry and Tree Care Industry Association(TCTA)approved methods.
TREE REMOVAL;Removal to within 6-of ground level and cleanup of debris.
STUMP RFMO\'AL:vlechanical grinding of the visible.true stump to at orjusl below ground level.Slump area will be backfilled with stump chips and a mound of remaining chips
will be left on site unless otherwise stated in the contract.Chip removal,grading and soil backfill are available.
CLEAN-UP:Logs,brush,and leaves,and twigs large enough to rake are removed.Sawdust and other small debris will not be removed.
CABLING/BRACING:Cabling and bracing of trees is intended to reduce damage potential.It does not permanently remedy structural weaknesses,is not a guarantee against
failure and requires periodic inspection.
Tree and Shrub Fertilization
Our advanced formula,.Arbor Green PRO,works with nature to fertilize without burning delicate roots,building stronger root systems and healthier foliage.h contains no chlorides
or nitrates.It is injected into the root zone and the nutrients are gradually released over time.Research and experience shows the dramatic benefits Arbor Green PRO provides:
greater resistance to insect and disease,greater tolerance to drought stress,increased vigor,and healthier foliage.
Tree and Shrub Plant health Care
PRESCRIPTION PEST MANAGEMENT:Customized treatments to manage disease and insect problems specific to plant variety and area conditions.Due to the short term
residual of available pesticides,repeat applications may be required.
INSECT NT ANAGENTENII':Inspection and treatment visits are scheduled at the proper time to achieve management of destructive pests.Pesticides are applied to label
specifications.
DISEASE MANAGEMENT:Specific treatments designed to manage particular disease problems.Whether preventative orcuralke,the material used,the plant variety being
treated,and the environmental conditions all dictate what treatment is needed.
EPA approved materials will he applied in accordance with State and Federal regulations.
Lawn Care
FERTTLIZ£R AND MECHANICAL SERVICES:Balanced fertilizer treatments applied throughout the growing season help provide greener turf color and denser root
development.To help bring about a better response to these applications,we also provide acrification,time,overseeding,and lawn renovation.
NVEED CONTROL AND PEST AIANAGE.MENT:Broadleaf weed control is spat-applied during the active growing periods of the Year.It is not broadcast over the entire lawn.
Granular weed management may he broadcast.We also offer prc-emergent crabgrass management in the spring and,if needed,a postemergent application later in the Year.Our
surface insect management is timed to reduce chinchbugs,sod webwarms,and biilbugs.We also offer a grub management application,Disease management materials and
treatments are matched to particular disease problems.This usually requires repeat applications.
Other TerMS and Contract Conditions
rNSURANCE:our employees are covered by Worker's Compensation.The company is insured for personal injury and property damage liability.Proof of insurance can be verified
by requesting a copy of our Certificate of Insurance,
WORKING NMI]LIVING T IFINGS:As trees and other plant life are living,changing organisms affected by factors beyond our cnntrol,no guarantee on tree,plant or general
landscape safety,health or condition is expressed or implied and is disclaimed in this contract unless that guarantee is specificalh stated in writing by the company.Arhorists cannot
detect or anticipate every condition or event(bat could possibly lead to the structural failure of a tree or guarantee that a tree will be healthy or safe under all circumstances.T-reel
can be managed but not controlled.\Alien elevated risk conditions in trees are observed and identified by our representatives and a contract has been signed to proceed with the
remedial work we have recommended,we will make a reasonable effort to proceed with the job promptly. However,we will not assume liability for any accident,damage or injury
that may occur on the ground or to any other object or structure prior to us beginning the work. Site inspections do not include internal or structural considerations unless so noted.
Unless otherwise specified,tree assessment will not include investigations to determine a tree's s€ructural integrity or stability.We may recommend a Risk Assessment be conducted
for an additional charge.
TREE CARE STANDARDS:All work is to be performed in accordance with current American Natinnal Standards Institute(A-NSf)Standard Practices for Trec Care Operations.
OWNERSHIP OF TREES,PROPERT'S':Acceptance constitutes a representation and warranty that the trees and property referenced in this quote arc either owned by the signet
or that written permission has been received to work on trees which are not on the signet's property.
TIME&MATERIAL(T&-M):Jobs performed on a T&M basis will be billed for the time on the job(not including lunch break),travel to and from the job,and materials used.
BILLING&SALES TAX:All amounts deposited with us will either be credited to your account or applied against any amounts currently due.Our invoices are due net M days
from invoice date.Services may be delayed or cancelled due to outstanding account balances.Sales tax will be added as per local jurisdiction.Clients claiming any tax exempt status
must submit a copy of their official exempt status form including their exemption number in order to waive the safes or capital improvement tax.
PAYMENT:We accept checks and credit cards.Credit card payments may he made online at our web site.Paying by check authorizes us to send the information from vour check
to your bank for payment. -
UNDERGROUND PROPERTY':We are not responsible for any underground properly unless we have been informed by you or the appropriate underground location agency.
SCHEDULING:Sob scheduling is dependent upon weather conditions and work loads.
Ver 2,2 6117/2015 Page 18 of 72
Oak Park Heights
Request for Council Action
Meeting Date June 23d, 2015
Time Required: 5 Minutes
Agenda Item Title: BCWD—Norrell A . P d ro osal
Agenda Placement Old Busine
Originating Department/Re estor Xric Jhin son Cily Administrator
Requester's Signature
Action Requested D' cussionj�ossible Action
Background/.lustificad n(Ple e indicate if any previous action has been taken or if other public
bodies have advised):
in fall 2014,. City had be n ap oached by the Brown's Creek Watershed District(BCWD)to support the possibility
of some pond amendmen the Norell Ave. Pond as owned by the City to reduce phosphorus load.The proposal
would be to install some form of a weir or other"in-water"barrier that would require the water to sit in the pond
slightly longer before exiting to the Menards Pond to the west.
By this additional retention it is estimated that 12.6 lbs. of phosphorus could be prevented from ending up
downstream. This project would cost an estimated$43,000, including design and construction and 75%would be
funded by a possible Clean Water Fund Grant.25%would be from BCWD or$10,750.00.
At that time the City Council did support the project but did could not support the project financially.
BCWD would still like to move forward with the proposal and all costs would be at their expense. The City will
likely have some additional maintenance expenses perhaps 10-15%over the term of the 25 year project,due
potentially to some increased sediment removal, but these would appear minor compared to the total costs of any
pond rehabilitation. These increased costs,even though they should be minor,could be offset by any"credits"the
City might receive as a result of the project.
Requested Action: Approve the enclosed Cooperative Agreement subject to any final modifications as may be
required by the City Engineer or City Attorney.
From Sept.2014 City Council Meeting Minutes
E. BCWD—Noxell Ave_Pond P'ronosal;Councilmember Runk stated that he
supported the BCWD doing the project but could not support a
contribution_ Councilmember Swenson agreed_
Page 19 of 72
COOPERATIVE AGREEMENT BETWEEN
CITY OF OAK PARK HEIGHTS AND BROWN'S CREEK WATERSHED DISTRICT
FOR THE NORELL POND RETROFIT PROJECT
THIS AGREEMENT is made by and between the City of Oak Park Heights (Oak
Park Heights), a Minnesota [STATUTORY/CHARTER] city and body corporate and
politic, and the Brown's Creek Watershed District (BCWD), a watershed district with
purposes and powers set forth in Minnesota Statutes chapters 103B and 103D.
RECITALS
WHEREAS BCWD has authority under chapters 103B and 103D to design and
implement programs and projects to improve water quality and protect water resources
within the Brown's Creek watershed;
WHEREAS BCWD has an approved watershed management plan pursuant to
Minnesota Statutes chapter 103B, and the plan includes a capital improvements
program listing construction project the BCWD will undertake to protect and conserve
water resources in the watershed;
WHEREAS in 2002 the Minnesota Pollution Control Agency added Long Lake to
the list of state waters that are not meeting their designated-use classification because of
excessive nutrients in the lake;
WHEREAS BCWD prepared the Long Lake Management Plan in 2006, which
identified improvements to stormwater treatment in a retail area of Oak Park Heights
within the area tributary to the lake as high priority for nutrient reductions and the
capital improvements program in BCWD's watershed-management plan states that
BCWD will undertake projects identified in and implementing the Long Lake
Management Plan;
WHEREAS the Oak Park Heights owns property on which is located an existing
stormwater-management pond (the Site, as shown in Exhibit A, attached to and a part
of this agreement) that Oak Park Heights maintains, and a feasibility study completed
by BCWD in 2014 showed that retrofitting the pond with a vinyl sheet piling would
eliminate short-circuiting of stormwater flow through the pond, which causes a
substantial reduction in the operational efficiency, and installation of a piling would
reduce phosphorus loading to Long Lake by a minimum of 1.2 pounds per year and
reduce sediment loads by 200 pounds per year (the Project);
WHEREAS BCWD has approved the feasibility study supporting the Project and
the City of Oak Park Heights has agreed to collaborate with BCWD by dedicating access
City of Oak Park Heights- 1 July XX,2015
Brown's Greek Watershed District Norell Pond Stormwater Retrofit Project
Page 20 of 72
to the pond for the Project and continuing maintenance of the pond subsequent to
completion of the Project;
WHEREAS BCWD and Oak Park Heights enter into this cooperative agreement
Oak Park Heights to further specify the parties' commitments to the success of the
Project;
WHEREAS BCWD received a $32,500 Clean Water Fund grant from the state
Board of Water and Soil Resources for the Project and BCWD has entered an agreement
to receive and use the funds;
WHEREAS Oak Park Heights intends to contribute to the success of the Project
by modifying its ongoing maintenance regime for the pond at the Site and will
implement the revised maintenance regime in accordance with this agreement;
WHEREAS the Site is owned in fee by Oak Park Heights, with all rights
concomitant with ownership;
WHEREAS Oak Park Heights and BCWD acknowledge that BCWD's ability to
achieve Project objectives depends on the parties' continued cooperation,
AGREEMENT
NOW, THEREFORE, IT IS AGREED by and between Oak Park Heights and
BCWD that they enter into this Cooperative Agreement to document their
understanding as to the scope of the Project, grant and assign the property rights
necessary for the Project, affirm their commitments as to responsibility for tasks to be
undertaken, establish procedures for performing these tasks and fulfilling
responsibilities, and facilitate communication and cooperation to ensure successful.
completion of the Project to improve water quality in Long Lake.
1 ORGANIZATION AND RELATIONSHIP OF THE PARTIES
A. The BCWD administrator and the Oak Park Heights city administrator will serve
as project leads and principal contacts for their respective organizations for the
Project, charged to conduct the day-to-day activities necessary to ensure that the
Project is completed in accordance with the terms of this agreement.
B. The project leads will coordinate and communicate informally and formally to
timely address any issues of concern to ensure the successful completion of the
Project.
City of Oak Park Heights- 2 July XX,2415
Brown's Creek Watershed District Norell Pond Stormwater Retrofit Project
Page 21 of 72
2 THE PROJECT.BCWD's construction of the Project will entail dewatering the pond
on the Site, removing vegetation for access, and installing vinyl sheet piling, then
restoring the normal stored stormwater level in pond and ensuring proper
installation and of the piling. After completion of installation, maintenance of
the Site will be in accordance with established Oak Park Heights protocols, as
modified and amended by BCWD in a schedule of protocols that will be
provided by BCWD after construction of the Project (the Maintenance Plan).
3 OAK PARK HEIGHTS' RIGHTS AND COMMITMENTS AND GRANT AND ASSIGNMENT
OF RIGHTS FOR ACCESS AND CONSTRUCTION
A. On submission by BCWD of 90 percent plans and specifications for the Project,
Oak Park Heights will have 30 days to review and approve. Failure to timely act
will constitute approval. Oak Park Heights' right to review and approve plans
and specifications will not be unreasonably exercised.
B. For purposes the Project, the Oak Park Heights hereby:
i. grants to BCWD, its contractors, agents and assigns an easement to access
and use the access, construction and maintenance areas of the Site and
adjacent city streets for the corresponding purposes, as delineated on
Exhibit A, and the right to dewater the pond at the Site for the purpose of
construction of the Project into Oak Park Heights storm sewer;
ii. Oak Park Heights's authorization hereunder is nonexclusive, except that
BCWD, on reasonable notice to Oak Park Heights, may temporarily
restrict or preclude public access to the Site to ensure safety while
construction or maintenance activities are under way.
C. Oak Park Heights will forbear from any activity that interferes with the BCWD's
ability to exercise its rights or meet its obligations under this agreement,
including transfer of ownership of the Site. Oak Park Heights will facilitate
BCWD's reasonable exercise of its rights under this agreement with regard to
access to and use of the Site. Oak Park Heights will not take any action within or
adjacent to the Site that could reasonably be expected to diminish the
effectiveness or function of the Project for the purposes intended, and after notice
of completion of construction of the Project from BCWD,Oak Park Heights will
maintain the Site in a manner that preserves and enhances the performance of
the Project.
D. Oak Park Heights, as owner of the Site,will cooperate with BCWD's and its
contractor's efforts to obtain permits and approvals needed for the Project and
authorizes BCWD to apply for permits and approvals for the Project in its name.
Oak Park Heights will facilitate the proper and efficient processing of any
City of Oak Park Heights- 3 July XX,2015
Brown's Creek Watershed District Norell Pond Stormwater Retrofit Pro'ect
Page 22Jof 72
permits and approvals needed from the city in its regulatory capacity for the
Project.
E. On completion of construction of the Project,Oak Park Heights will retain
ownership of the improved Site and the Project, and will maintain the Project in
accordance with the Maintenance Plan.
F. Oak Park Heights will cooperate with BCWD in all communications and
outreach related to the Project.
4 BCWD's RIGHTS AND COMMITMENTS
A. BCWD, at its sole expense,will prepare plans and specifications for the Project
and submit the 90 percent-complete plans and specifications to Oak Park Heights
for review and approval in accordance with paragraph 3A of this agreement.
B. As between the parties, BCWD will obtain for itself and Oak Park Heights all
necessary permits,licenses and approvals, including approval of a wetland
replacement plan as necessary, and will ensure that the Project is completed in
accordance with applicable law and regulatory standards and criteria.
C. BCWD will implement the Project as follows:
L BCWD will prepare or have prepared plans and specifications and other
construction documents, and will ensure that such documents provide for
the restoration of the Site in accordance with this agreement;
ii. BCWD will contract, in accordance with applicable law, for the
construction of the Project. BCWD will require that the contractor for the
Project name Oak Park Heights as an additional insured for general
liability and provide a certificate showing same prior to construction;
iii. BCWD, or the BCWD engineer on BCWD's behalf, will oversee the
construction of the Project. BCWD may adjust the plans and specifications
for the Project during construction,as long as the revised plans do not
require BCWD to exceed the scope of the rights granted under this
agreement;
iv. On completion of construction of the Project, BCWD will restore the
access, construction and maintenance areas of the Site to a safe and
functional condition.
v. BCWD will provide as-built construction drawings of the Project to Oak
Park Heights within 90 days of certification of the Project as substantially
complete for the intended purposes.
City of Oak Park Heights- 4 duly XX,2415
Brown's Creek Watershed District Norell Pond Stornnwater Retrofit Pro'ect
Page 2Tof 72
vi. BCWD makes no warranty to Oak Park Heights regarding the BCWD
engineer's or another third party's performance in design, construction or
construction management for the Project.
D. Until completion of construction, if BCWD, in its judgment, should decide that
the Project is infeasible, BCWD, at its option,may declare the agreement
rescinded and annulled. If BCWD so declares, all obligations herein, performed
or not, will be voided; BCWD will return the Site materially to its prior condition
or to a condition agreed on by Oak Park Heights and BCWD.
5 Replacement, Decommissioning
A. After completion of construction, either party may initiate, though informal
communication to the other, an assessment of the effectiveness of the Project. In
the event the parties agree that the Project has become ineffective, Oak Park
Heights and BCWD will develop and implement a plan for removal, disposal
and, if agreed to, replacement of the constructed elements of the Project and, as
needed,restoration of the Site.
B. The Project is expected to have a useful life of 25 years. If, after the useful life
period of the Project has run, the parties agree that the Project has become
ineffective, Oak Park Heights and BCWD will.'develop and Oak Park Heights
will execute, at its cost, plans for removal and disposal of all constructed
elements of the Project and restoration of the Site.
6 Cost-and Credit-Sharing
A. BCWD will be responsible for all costs of design and construction of the Project
and the costs of the production of publicity,education and outreach materials
related to the Project. BCWD will be responsible for the costs and fees associated
with complying with regulatory requirements applicable to the Project, except
that Oak Park Heights will assess no fee to BCWD for Oak Park Heights permits
required for the Project, if any. Oak Park Heights will be responsible for the costs
of routine maintenance and decommissioning in accordance with section 5B of
this agreement of the Project. Each of the parties will bear its own costs not
otherwise allocated by this agreement, as well as the administrative costs of
fulfilling its responsibilities and obligations under this agreement.
B. All stormwater-management or nutrient-reduction capacity created by the
Project, if any, may be utilized by Oak Park Heights in accounting for compliance
with any applicable regulatory obligations. Oak Park Heights will determine, at
its cost, available credit from the Project. BCWD makes no representation or
warranty as to credit that will be available from or results that will be achieved
by the Project.
City of Oak Park Heights- 5 July XX,2015
Brown's Creek Watershed District Norell Pond Stormwater Retrofit Project
Page 24 of 72
7. PUBLICITY AND ENDORSEMENT. BCWD and Oak Park Heights will collaborate on the
development of educational and informational signage pertinent to the Project, and
BCWD, at its cost, may develop, produce and distribute educational, outreach and
publicity materials related to the Project, and may install, maintain, replace or remove
temporary and/or permanent signage on the Site related to the Project. All such
signage and materials, whether produced by BCWD or Oak Park Heights, will include
acknowledgement of the Clean Water Legacy funding provided for the Project in
accordance with Laws of Minnesota 2009, Chapter 172, Article 5, Section 10. For
purposes of this paragraph, "publicity" includes notices, informational printed
materials, press releases, research reports, signs and other public notices.
8. INDEPENDENT RELATIONSHIP, LIABILITY. This agreement does not create a joint
powers board or organization within the meaning of Minnesota Statutes section 471.59.
Each party agrees that it will be responsible only for its own acts and the results thereof
to the extent authorized by the law and will not be responsible for the acts or omissions
of the other party and the results thereof. Minn. Stat. chapter 466 and other applicable
law govern liability of the parties. The limits of liability for the parties may not be
added together to determine the maximum amount of either party's liability_ This
agreement creates no right in and waives no immunity, defense or liability limitation
with respect to any third party. As between the parties, only contract remedies are
available for a breach of this agreement.
Oak Park Heights and BCWD enter this agreement solely for the purposes of
construction and maintenance of the Project to improve water quality in Long Lake.
BCWD does not have, has not had, and will not be deemed to have acquired by entry
into or performance under this agreement, any form of interest or ownership in or to
any portion of the Site. BCWD does not exercise, has not exercised, and will not by
entry into or performance under this agreement be deemed to have exercised, any form
of control over the use, operation or management of any portion of the Site or property
adjacent to the Project prior to the commencement of construction of the Project, so as to
have rendered BCWD a potentially responsible party for any contamination under state
or federal law.
9.TERM AND TERMINATION.This agreement becomes effective when fully executed. The
agreement will remain in force for 10 years, and will renew automatically for an
additional five-year term and renew again every five years on the anniversary of the
first renewal unless terminated by mutual agreement of the parties or otherwise in
accordance with the terms of this agreement until the Project is decommissioned in
accordance with paragraph 5B of this agreement. Any responsibility or obligation that
has come into being before expiration, specifically including obligations under sections
3,4, 5, 6 and 8 above,will survive expiration.
10. COMPLETE AGREEMENT. This agreement, as it may be amended in writing,
constitutes the entire agreement between the parties. Any amendment to this
agreement must be in writing and will not be effective until it has been executed and
City of Oak Park Heights- 6 July XX,2015
Brown's Creek Watershed District Norell Pond Stormwater Retrofit Project
Page 25 of 72
approved by the same parties who executed and approved the original agreement or
their successors in office.
11. NOTICE, COORDINATION. The parties designate the following authorized
representatives, each to serve as the liaison to the other party for purposes of
coordinating inspection, construction oversight and maintenance of the Project as
provided in this agreement. Any written communication required under this agreement
will be addressed to the other party as follows, except that either party may change its
address for notice by so notifying the other party in writing:
To Oak Park Heights: Administrator
City of Oak Park Heights
14168 Oak Park Blvd N, PO Box 2007
Stillwater MN 55082-2007
To BCWD: Administrator
Brown's Creek Watershed District
455 Hayward Ave N
Oakdale, MN 55128
10. WAIVERS. The waiver by Oak Park Heights or BCWD of any breach or failure to
comply with any provision of this agreement by the other party will not be construed as
nor will it constitute a continuing waiver of such provision or a waiver of any other
breach of or failure to comply with any other provision of this agreement.
IN WITNESS WHEREOF, the parties have executed this agreement, intending to be
legally bound.
BROWN'S CREEK WATERSHED DISTRICT,
a political subdivision of the State of Minnesota
Approved as to form and execution
By Craig Leiser
Its president
Dated: BCWD counsel
CITY OF OAK PARK HEIGHTS,
a [STATUTORY/CHARTER] city of the State of Minnesota
Approved as to farm and execution
By
Its mayor
Dated: City attorney
City of Oak Park Heights- 7 July XX,2015
Brown's Creek Watershed District Norell Pond Stormwater Retrofit Project
Page 26 of 72
Exhibit A
Site Plan
City of Oak Park Heights- 8 July XX,2415
Brown's Creek Watershed District Norell Pond Stormwater Retrofit Project
Page 27 of 72
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Page 34 of 72
a
Oak Park Heights
Request for Council Action
Meeting Date June 23d, 2015 ,
Time Required: 5 Minutes
Agenda Item Title: Consider Timeli x s' n—Palmer Station Development--
Agenda Placement New Busi s
Originating Department/Re estor ohnson Ci Admin' r
Requester's Signature
Action Requested Consida/�Approve Timeline Extension Resolution.
Background/Justification( /ase indicate if any previous action has been taken or if other public
bodies have advised):
In July 2014,the City Council approved the Palmer Station Subdivision Plan and Development—allowing for 13
single family homes via Resolution 14-07-37.As we know,this plan has not begun construction and it would appear
unlikely this year. In practice,these approvals are valid for one-year and in this case such City approvals would
cease to be effective on July 22'd,2015.
The City has received a written request from the now owner of the property Creative Home Construction
Investments LLC,to extend the approvals through June l't, 2015 along with various interim timeline requirements
to complete the Developer's Agreement and engineering parameters.
Recommendation:
Please recall the site itself has a planned use of Low Density Residential as outlined in the City's 10—year
comprehensive plan(see attached section—Planning District 3)and to date Staff is not aware of planned deviation
or thought to reconsider this land-use. Considering this the extension,the enclosed proposed resolution extends the
timelines through June 1',2016 but also requires that the Developer's Agreement be fully executed and funded by
12131115.
Page 35 of 72
RESOLUTION
CITY OF OAK PARK HEIGHTS-WASHINGTON COUNTY MINNESOTA
A RESOLUTION EXTENDING A COUNCIL APPROVALS AS ISSUED--PALMER STATION
Whereas on July 22, 2014 the City Council approved,via the adoption of City Council Resolution 14-07-
37 the Palmer Station application which proposed the development a 13-unit single family home design,
and;
Whereas the City's Comprehensive Plan for the site guides the use for Low Density development, and;
Whereas the Developer f Applicant, Creative Home Construction Investments LLC, is reporting that it is
not able to move forward with the development in 2015, and;
Whereas the planned development, known as Palmer Station has now been acquired by Creative Home
Construction Investments LLC on June 19'`,2015,and;
Whereas the Developer has sought an extension to the timeline for their approvals and the submission of
final plat documentation,Developer's Agreement execution and related performances.
NOW THEREFORE BE IT RESOLVED that the City Council for the City of Oak Park Heights does
agree to extend the July 22"0 2014 performance date for final platting, Developer's Agreement execution
and related performances thru June 1", 2016 conditioned upon:
1. That the Developer shall complete and execute the Development Agreement as prepared and
approved by the City Attorney not later than December 31", 2015 and shall provide any and all
securities as required thereby.
BE IT FURTHER RESOLVED that the timeline extension is the only element being altered, no other
requirement or condition or City Ordinance, Resolutions approving the project or City Policy are being
waived, altered or changed with this Resolution.
Passed by the City Council of the City of Oak Park Heights this day of 2015.
Mary McComber, Mayor
Attest:
Eric Johnson, City Administrator
Page 36 of 72
L� nsL
4
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June 19, 2015
Oak Park Heights City Council
14168 Oak Park Blvd.N.
Oak Park Heights, MN 55082
Dear Mayor and Council:
I am writing this letter on behalf of Creative Home Construction Investments, LLC. On July 22, 2014, byway of reso-
lution number 14-07-37,you approved the proposed plat of Palmer Station. Thereafter; you approved the developer
agreement last Fall. if you recall,we had some concerns about a provision in the developer agreement that required the
developer to install a drainage pipe through an adjoining neighborhood. In March of 2015, we came before you to re-
quest the city share in the cost of such pipe. Ultimately you denied our request and we had to prepare to move forward
with that cost in the project. Such preparation concluded in April but with the recovery of the housing market, Creative
Home Construction was well on its way in other neighborhoods it had committed to, resulting in difficult timing to
staff another project this calendar year. As of today, Friday June 19th, 2015, Creative Home Construction Investments,
LLC has completed its purchase of the Palmer property . With the purchase they now have spent in excess of
$625,000 on this project. They are obviously excited and fully committed to constructing the Palmer Station Plat.
Your resolution of plat approval expires July 22, 2015. Due to the fact that Creative Homes has already staffed other
projects that are already in the ground,they would prefer to start construction of Palmer Station by June l of next year.
Therefore;we respectfully request that you grant an extension of approval to that date. Accordingly, Creative Home
Construction Investments, LLC will execute the Developers Agreement by December 31, 2015 and fund the attached
Oak Park Heights Engineering Deposit Agreement in order to allow the city engineers to proceed with engineering
plans and construction bidding of the project. By May 1,2016, Creative Construction Investments, LLC will post the
remaining balance of the required surety for the project and break ground prior to June 1, 2016.
We greatly appreciate your consideration and look forward to building another quality neighborhood in Oak Park
Heights.
Sincerely,
Mick Lynskey
CONTACT'.MICK LYNSKEY
651.439.1412 FAX 651.439.8071
PO BOX 36 • 118 S. MAIN ST. STILLWATER,MINNESOTA 55082
LYNSKEYCLARK.COM
Page 37 of 72
CITY OF OAK PARK HEIGHTS
DEPOSIT AGREEMENT
THIS AGREEMENT is made and entered into on the day of ,2014, by
Nick Hackworthy, Creative Homes, Inc.,("Applicant")for the benefit of the City of Oak Park
Heights,a Minnesota Municipal corporation("City").
WHEREAS,Applicant has applied to City for the following approval(s)or action(s)
a. Subdivision Approval
b. Zoning District Amendment
c. Conditional Use Permit
d.
e.
(the"Requested Approval"); and,
WHEREAS, in conjunction with City's review of the Requested Approval,Applicant has
requested the City to authorize its City Engineer to prepare plans and specifications for
infrastructure improvements that will serve Applicants Development and the City may incur
costs,including administrative, engineering,and other consulting costs, for which City requires a
guaranty that such costs will be paid by Applicant; and
WHEREAS, Applicant acknowledges the receipt of a benefit from City's review of the
Requested Approval and from City's Review Costs;
NOW,THEREFORE, Applicant agrees as follows for the benefit of the City:
1. Depo sit. Applicant has made the following deposits required for the Requested Approvals
consistent with Resolution(all such deposits hereafter collectively referred to as the
"Deposit Funds"):
Requested Approval Amount
a.Engineering Services:Plans and Specifications a. $28,351.00
2. Use of Deposit Funds. City may, at any time,draw upon the Deposit Funds to pay
Engineering Fees and Review Costs for the Requested Services.
3. Conditions of Deposit. The following conditions shall apply to the Deposit Funds:
3
Page 38 of 72
a. Payment shall be made to City consultants, including but not limited to,engineering,
legal and planning, in the amounts actually billed,according to the customary consulting
rates in effect at that time. Such consulting services or costs shall reasonably and
necessarily relate to the subject matter of the Requested Approval,as determined by
City in its sole discretion.
b. City shall not be responsible for paying any interest on the Deposit Funds.
c. If in the discretion of City,there is deemed to be an inadequate balance in Applicant's
deposit account to pay for all the Review Costs incurred or to be incurred by City, City
will notify Applicant of the need for additional Deposit Funds. Applicant agrees to
make such additional deposits within ten(10)days of mailing of such notice.
d. No Requested Approval will be acted upon or processed by any City personnel until all
Deposit Funds due at the time of original submission,or which thereafter become due
pursuant to subparagraph 3.d., have been paid in full.
4. Positive Balances in Account. In the event there is a positive balance in the deposit account
and there is(a)completion of the development process,either in the form of all Certificates
of Occupancy being issued for the project or final denial of the Requested Approvals, or(b)
an application is withdrawn, in writing,by Applicant, then the balance shall be paid to
Applicant within thirty(30)days of receipt by City of a written request by Applicant for
payment.
5. Accounting.Upon Request by Applicant,City will provide an accounting of all expenses
charged against the account,but in no event more often than once every month. An
accounting will be provided when City notifies Applicant of requirement for additional
deposits and when the account is closed.
6. Application Fees. Applicant understands and agrees that the Review Costs and Deposit
Funds are in addition to,and not in lieu of, City application and development fees.
7. Breach. In the event of breach of any terms of this Agreement by applicant,City may, at its
option,cease processing any Requested Approval which has been submitted by Applicant to
cease any further development or work on any project to which the Requested Approval
relates. Applicant shall be responsible for all costs and expenses, including attorney's and
expert's fees and costs, incurred by City to enforce this Agreement or to collect any monies
due to City from Applicant pursuant to this Agreement.
8. Validi . If any portion, section, subsection,sentence, clause,paragraph or phrase of this
Agreement is for any reason held to be invalid, such decision shall not affect the validity of
the remaining portions of this Agreement.
2
Page 39 of 72
9. Amendments. No amendment or change of any kind to this Agreement shall be valid unless
made in writing and with the consent of the City.
10. Binding Agreement. Applicant recognizes and agrees that all terms and conditions of this
Agreement shall be binding upon the heirs, successors, administrators, and assigns of
Applicant.
IN WITNESS WHEREOF, the Applicant has caused these presents to be executed as of the
day and year aforesaid.
APPLICANT-Creative Homes,Inc
By:
Name:Nick Hackworthy
Its : President
Notification Contact Name and Address:
Creative Homes
707 Commerce Drive
Woodbury, MN
Ph#651-289-6800
STATE OF MINNESOTA )
)ss.
COUNTY OF WASHINGTON )
The foregoing instrument was acknowledged before me this day of 12014,
by Nick Hackworthy,the President of Creative Homes, a Minnesota corporation on behalf of
the corporation.
Notary Public
3
Page 40 of 72
NEIGHBORHOOD PLANNING DISTRICTS
PLANNING DISTRICT 3
Planning District 3 consists of the area south of Highway 36 between Oakgreen and
Osgood Avenues. The area is characterized by the commercial areas along Highway
36 and the single family neighborhoods to the south. The potential for commercial
redevelopment exists along Highway 36, especially in the areas east of Osgood
Avenue. While some recent investment has been made in commercial development in
this area, more is needed to improve the appearance, accessibility, safety, and signage
of the commercial strip. The City should pursue commercial redevelopment plans for
the area in cooperation with land and business owners.
The former St. Croix Mall now functions as office space for Andersen Corporation with
limited retail. The City has seen this as a positive reuse of the large retail facility that
ten years ago was a declining shopping mall. The City will continue to work with
Andersen Corporation to assure this site can continue in the long term as an office and
employment center for the City. o
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City of Oak Park Heights Page 165
Page 41 of 72
NEIGHBORHOOD PLANNING DISTRICTS
There is limited potential for residential development in Planning District 3. An area
east of Oldfield Avenue, between 60th Street and the City-owned property to the south,
holds potential for single family development. The area east of Oldfield Avenue is
currently zoned R-3, Multiple Family Residential. A rezoning of this area to R-1, Single
Family Residential is seen as appropriate. The area has been designated as such on
the Proposed Land Use Map. Another area, east of Oakgreen Avenue and south of
Oak Park Boulevard, is of sufficient size to support single family development. This
area has also been designated as such on the Proposed Land Use Map.
As indicated previously in the plan, the City is currently studying options for a City Hall,
Public Works and Police facility. It is likely the City may remodel the existing buildings
or construct a new facility on the same property at 14168 Oak Park Boulevard. A
decision on the public facilities will likely be made in 2008. In 2007, the City purchased
approximately three acres adjacent to Brekke Park. The site, 5502 Osgood Avenue,
includes a single family house and an extensive wooded area. The property could
provide trail links between Brekke Park and neighborhoods/Valley View Park to the
east. The update of the Parks and Trails Plan, to be completed in 2008, will provide the
process and planning for the use of this property as part of the park system.
To the south of Brekke Park is land owned by the State of Minnesota and under the
control of the Department of Natural Resources. it is currently within Baytown
Township. The Future Annexation Plan Map in the plan identifies this approximately
200 acre parcel for eventual annexation. The City would maintain this property as open
space and for trails and other passive recreation.
Other than the potential impacts of the Highway 36 reconstruction, especially as it
relates to the intersections at Osgood and Oakgreen Avenues, there are few changes
expected to the roadway system in Planning District 3. The upgrade to Oakgreen
Avenue would likely need to precede the Highway 36 street improvements by Mn/DOT.
This would be a City project that would bring the roadway to an urban type roadway.
Upgrades to Osgood Avenue had also been planned by Washington County in the past,
but are not included in current capital improvement programs of the County. The City
will continue to work with the County on upgrades to Osgood and on trail construction
along this roadway. With the purchase of 5502 Osgood Avenue and the potential for
east/west trail connections, the City is also considering the placement of an at-grade
crossing at Osgood now but plan for a tunnel at a future date.
Planning District 3 was developed at a time when sidewalk and trail construction was
not a priority. The City will continue to work on connections throughout this area and
especially completing the east/west system throughout the City.
Comprehensive Plan 2008
;f .,.. City of Oak Park Heights Page 166
Page 42 of 72
RESOLUTION NO. I4-07-37
CITY COUNCIL
CITY OF OAK PARK HEIGHTS
WASHINGTON COUNTY, MINNESOTA
A RESOLUTION ESTABLISHING FINDINGS OF FACT AND
RESOLUTION OF THE CITY COUNCIL THAT THE
REQUEST FOR A REZONING, PLANNED UNIT
DEVELOPMENT/CONDITIONAL USE PERMIT, AND
PRELIMINARY/FINAL PLAT FOR A THIRTEEN LOT
SUBDIVISION OF THE PALMER PROPERTY AT 5625
OAKGREEN AVENUE NORTH BE APPROVED WITH
CONDITIONS
WHEREAS, the City of Oak Park Heights has received a request for a Rezoning,
Planned Unit Development/Conditional Use Permit, and Preliminary/Final Plat for a
thirteen lot subdivision of the Palmer Property at 5625 Oakgreen Avenue 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:
I. 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 has been designated as low density residential in the 2008
Comprehensive Plan; and
4. The request is to rezone the property from O-Open Space Conservation
District to R-1 Single Family Residential District which is consistent with the
Comprehensive Plan; and
Page 43 of 72
5. The Applicant has proposed a Planned Unit Development/Conditional Use
Permit to allow reductions in lot widths, street right of way and cul-de-sac widths, street
widths, building setbacks and wetland buffering width averaging; and
6. The Applicant has provided a Preliminary and Final Plat labeled as Palmer
Station that includes 13 single family lots, and
7. City staff prepared a planning reports dated June 5, 2014 and July 3, 2014
reviewing the request; and
8. Said reports recommended approval of the Rezoning, Planned Unit
Development/Conditional Use Permit, and Preliminary/Final Plat subject to the
fulfillment of conditions; and
9. The Planning Commission held public hearings at their June 12, 2014,
July 10, 2014, and July 22, 2014 meetings, tools comments from the applicants and
public, closed the public hearing, and recommended the request with conditions.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL FOR
THE CITY OF OAK PARK HEIGHTS THAT THE CITY COUNCIL APPROVES
THE FOLLOWING:
A. The application submitted for a request for a Rezoning, Planned Unit
Development/Conditional Use Permit, and Preliminary/Final Plat for a thirteen lot
subdivision of the Palmer Property at 5625 Oakgreen Avenue North and affecting the real
property as follows:
SEE ATTACHMENT A
Be the same as hereby approved by the City Council of the City of Oak Park Heights
with the following conditions:
1. The preliminary and final plat, 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.
4. An easement with the City of Oak Park Heights shall be required for placement of
the entrance monument sign.
2
Page 44 of 72
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 Qakgreen 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.
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.
3
Page 45 of 72
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 14 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.
Approved by the City Council of the City of Oak Park Heights this 22nd day of July,
2014.
L
Ma M be r, Mayor
ATTEST:
A. J , City Administrator
4
Page 46 of 72
Attachment A
Washington County GEO Code: 04.029.20.23.0063
Physical Address: 5625 Oakgreen Ave. N.
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 % of NW %) of Section Four (4), Township Twenty-nine (29) North, Range Twenty
(20) West, Washington County, Minnesota, Seven hundred ninety-seven and two-tenths
(797.2) feet South of the Northwest (NW) corner of said Southwest Quarter of the
Northwest Quarter (SW % of NW %4) Section Four (4); thence South along said West of
Southwest Quarter of the Northwest Quarter (SW A of NW %)One hundred (100) feet;
thence East and parallel with the North line of the said Southwest Quarter of the
Northwest Quarter (SW % of NW %) One hundred eight-three (183) feet; thence North
and parallel with said West line of Southwest Quarter of the Northwest Quarter (SW % of
NW %) Section Four (4), One hundred (1 00) feet; thence West and parallel with said North
line of Southwest Quarter of the Northwest Quarter (SW V of NW f) of Section Four (4),
One hundred eighty-three (183) feet to the point of beginning.
and EXCEPT that property previously conveyed 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:
Page 47 of 72
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
(SW % of NW N) 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 % of NW N) of Section
4, Township 29 N, Range 20 W, described as follows:
Beginning at a point on the West line thereof 135 feet South of the Northwest corner;
thence East parallel with the North line 485.52 feet more or less to intersect the West
line of Tract A of Registered Land Survey No. 70; thence South along said West line of
Registered Land Survey 100 feet; thence West parallel with the North line of said
Southwest Quarter of the Northwest Quarter (SW % of NW %) to the West line thereof;
thence North along the West line 100 feet to the beginning.
Page 48 of 72
ATTACHMENT B
Z4e -
Planned Unit Development (PUD): Concept & General Plan Approval,
Conditional Use Permit, Rezoning
And
Preliminary & Final Plat Approval
For
13 Lot Subdivision — Palmer Property
5625 Oakgreen Ave. N.
Application Materials
• Application & 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
• Property Tax Statements)/Legal Description(s)
Planning Commission Public Hearing & Recommendation: June 12 & July 10, 2014
PUD: General - Limitation on Final Plan Approval:
Within one year after the approval of a Final Plan for PUD, or such shorter time as may
be established by the approved development schedule, construction shall commence in
accordance with such approved plan. Failure to commence construction within such
period shall, unless an extension shall have been granted as hereinafter provided,
automatically render void the PUD permit and all approvals of the PUD plan and the
area encompassed within the PUD shall thereafter be subject to those provisions of the
zoning ordinances, and other ordinances, applicable in the district in which it is located.
In such cases, the Council shall forthwith adopt an ordinance repealing the PUD permit
and all PUD approvals and re-establishing the zoning and other ordinance provisions
that would otherwise be applicable. The time limit established by this paragraph may, at
the discretion of the City Council, be extended for not more than one year by ordinance
or resolution duly adopted. (401.06.E.5)
Conditional Use Permit - Lapse of Approval:
Unless the City Council specifically approves a different time when action is officially
taken on the request, the conditional use permit shall become null and void twelve (12)
months after the date of approval, unless the property owner or applicant has
substantially started the construction of any building, structure, addition or alteration, or
use requested as part of the conditional use. An application to extend the approval of a
conditional use permit shall be submitted to the Zoning Administrator not less than thirty
(30) days before the expiration of said approval. (401.03.C.4.a and b)
Page 49 of 72
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Page 50 of 72
Oak Park Heights
Request for Council Action
Meeting Date June 23d, 2015
Time Required: 5 Minutes
Agenda Item Title: STH 36—Oak een/Greeley Elevation
Agenda Placement New Business
Originating Department/Requestor_Mawr McComber
Requester's Signature
Action Requested Discussion/Possible action
Background/Justification(Please indicate if any previous action has been taken or if other public
bodies have advised):
As perhaps many have noticed the large dip in the north and southbound direction of travel along Oakgreen/
Greeley Streets lying within STH 36,I would like to talk about this matter and possibly have the City send a
communication to MNDOT in some official capacity related to this design.
Page 51 of 72
THIS PAGE IS INTENTIONALLY LEFT BLANK
Page 52 of 72
Aft
w
Oak Park Heights
Request for Council Action
Meeting Date __- June 23`d, 2015
Time Required: 5 Minutes
Agenda Item Title: Street Reconstruction - TANTEC Addendum#2 and Damages Re nest
Agenda Placement New Business
Originating DepartmentJReque r ric ohnson. Cifty Administrator
Requester's Signature
Action Requested See Enclo e
Background/Justification(PI e indicate if any previous action has been taken or if other public
bodies have advised):
See attached memo dated 6-19-15
Page 53 of 72
I
CityofOak Park Heights
14168 Oak Park Blvd_ N•Box 2007•Oak Park heights,MN 55682-•-60651)439-4439.Fax(651)439-0574
June 19,2015
MEMO
TO: Mayor and City Councf' greements
FROM: Eric Johnson,City Ad
RE: STANTEC Street Reco —Addendum#2&STANTEC Damages
Request:
TWO ITEMS REQUIRING ACTION:
Item#1: STANTEC Street Reconstruction Agreements—Addendum#2
The City has an agreement with STANTEC for planned items related to the 2014-2015 Street Reconstruction and
totals $1.25 million dollars. This was approved by the City Council on 1/14114. That agreement covered all most
aspects of pre-design, design, feasibility, surveying, project management, provision of as-builts/ GIS documentation
and close-out.
Items that such Agreement did not cover were project additions, such as change orders that were not inclusive of the
initial design scope. To date the City has approved only a few alterations beyond the initial scope and includes the
following list below - totaling $22,097 in additional services or +/- 1.77% change in Agreement Costs due to City
requested actions. Please note the Oren Ave. water project services are funded in another project element,
CITY ENGINEERING/CONSTRUCTION MGMT CO_STS-2014&2015 Street Reconstruction
Base Agreement withStantec-Jan 2014 $ 1,250,000.00
Scope Change 1 Stagecoach Watermain $ 11,420.00
Scope Change 2 Watermain(Alt#2 w/Hardrives) $ 4,760.00
Scope Change 3 Valley View Park-Entrance (Alt#1 with Hardrives) $ 6,280.00
Scope Change 4 Valley View Park-Parking Area(Alternate w/A1) $ 3,751.00
CREDIT for Area D-Deletions 65th,Ozark,Etc. (Stantec completed design) $ (4,114.00)
Total Engineering Servcies w/City Direct Actions $ 1,272,097.00
Difference from Initial Agreement $ 22,097.00
%Difference from Initial Agreement 1.77%
CITY STAFF would recommend the approval of the Addendum#2.
Item#2 STANTEC Damages Request:
The City has also been approached by STANTEC requesting that they be provided $72,800 in costs that were
incurred by their firm as result of the delays from Hardrives Inc., the City's primary contractor on the 2014 elements.
As this scenario is difficult to deeply analyze it is likely STANTEC did not anticipate the delays caused by Harddves,
yet their firm must remain mobilized on the site and continue to execute the project—as the City's agent- beyond the
timelines established in the STANTEC/City bidding documents. STANTEC'S request is enclosed here--dated June
81h, 2015:
Page 54 of 72
Recall the City secured $93,000 in Liquidated Damages from Hardrives for its delays on the project and were put in
place for not meeting certain milestones and other items that were within Hardrives' control. I would believe
STANTEC was materially impacted by these delays in an "out-of-pocket"way due to these delays. Thus, perhaps up
to two-thirds of these funds should be supplied to the City's agent (STANTEC) that was impacted by Hardrives.
Please recall that Hardrives must complete all tasks on the Project and while there were some delays and
inconvenience the City did not likely incur material financial—out-of-pocket loss as STANTEC did.
If the Council was amenable to the $78,000 request to STANTEC and applied the received Liquidated Damages (a
savings really from the Hardrives' payments)to the City's the final Total Engineering Services costs the City would be
at a deviation of less than .2%.
Total Engineering Servcies w/City Direct Actions $ 1,272,097.00
Increase due to Hardrives Delay- REQUEST from STANTEC $ 72,800.00
Application of All Liquidated Darnges to Total Engineering Services $ (93,000.00)
TOTAL ENGINEERING SERVICES $ 1,251,897.00
Difference from Initial Agreement $ 1,897.00
Difference from Initial Agreement 0.15%
CITY STAFF would recommend the approval of the $72,800 Liquidated Damages request from STANTEC and
apply the balance to the City's Total Engineering Costs.
1Vaturally,_if there are alteration or other unknowns developing these would have to be addressed in the future butfhis
is where we are at this point.
Page 55 of 72
PROFESSIONAL SERVICES AGREEMENT
Stantec\%47 ADDENDUM #2
Attached to and forming part of the PROFESSIONAL SERVICES AGREEMENT ADDENDUM #i (SEE ATTACHED),
BETWEEN:
CITY OF OAK PARK HEIGHTS, MINNESOTA
(hereinafter called the "CITY")
-and-
STANTEC CONSULTING SERVICES INC.
(hereinafter called the "Engineer")
This project specific addendum modifies PSA Addendum #1, for the Oak Park Heights 2014 - 2016 Street
Reconstruction Project(hereinafter called the "Project")., areas B, C, D & E as identified on Figure 1 of the Feasibility
Report prepared in October,2013.
Due to circumstances not foreseen prior to the signing of Addendum #1, the following modifications have been
agreed upon between the CITY and the Engineer:
Modifications:
1. Engineering Extra Services - for the following tasks performed in 2014 (also see attached correspondence
dated June 17, 2015):
a. Task 1 -Water main improvements along Stagecoach Trail
b. Task 2-Water main Improvements between Stagecoach North and Perkins Ave
c. Task 3-Valley View Park Entrance Reclaim and Overlay
d. Total Additional Fee: $22,460.
2. Additional Engineering Services-for the extension of construction services that resulted from the failure by
the Contractor to meet the specified Milestone Dates.
a. Total Additional Fee: $72,800; as a portion of the Liquidated Damages paid by the Contractor less
costs incurred by the City.
3. Alternates 1 and 2 - Valley View Parking Lot-includes the preliminary design for bidding, final design and
construction services associated with the Alternate. See attached cost estimate.
a. Total Additiona[ Fee: $3,751.
4. Alternates 3, 4, 5 and 6-includes modifying the bidding documents (plan set and bid form) to incorporate
the named Alternates. Also includes the savings in reduction of construction observation due to omission of
parts or a1 of four streets. See attached cost estimate_
a. Total Additional Fee: -$4,114.
Total Additional Fee to be added to the Lump Sum of$1,250,000 is: $94,897.00
Page i of 2
Page 56 of 72
PROFESSIONAL SERVICES AGREEMENT
StanteC ADDENDUM #2
Unless there is a further alteration as agreed to in writing between the CITY and the Engineer, this agreement shall
prevail throughout the course of the Project and such terms shall supersede the November 1811' 1999 Agreement
and PSA Addendum #l.
CITY OF OAK PARK HEIGHTS STANTEC CONSULTING SERVICES INC.
Dr. Eric Johnson, AICP
City Administrator Cristina M. Miejnek, P.E.,
Phil Gravel, P.E., Principal
Page 2 of 2
Page 57 of 72
Stantec PROFESSIONAL SERVICES AGREEMENT
ADDENDUM #1
Attached to and forming part of the PROFESSIONAL SERVICES AGREEMENT, DATED NOVEMBER 18, 1999,
BETWEEN:
CITY OF OAK PARK HEIGHTS, MINNESOTA
(hereinafter called the "CITY")
-and-
STANTEC CONSULTING SERVICES INC.
(hereinafter called the "Engineer")
This project specific addendum revises Section 3 of the AGREEMENT, City's Payment to Engineer, for the Oak Park
Heights 2014 - 2016 Street Reconsfruction Project(hereinafter called the "Project")., areas B, C, D 8, E as identified
on Figure 1 of the Feasibility Report prepared in October, 2013 (Attachment "A"),
The Engineer and the CITY agree on a lump sum, not to exceed fee of $1,250,000.00, to the CITY for engineering
expenses related to the Project including the following elements consistent with past practices including: Feasibility,
Preliminary Surveying/Field Investigation, Design and Bidding, Construction Observation/Management, Surveying,
Creating and Providing Record Plans/Base Map Updates; (not including third-party testing or permit fees).
General Scope of Engineering Services to be Provided:
1. Feasibility-includes creating a report identifying the project areas, the type of improvements required, the
cost for those improvements, and how the City could fund;he improvements.
2. Preliminary Surveying/Field Investigation -includes preliminary surveying; and field investigation for sanitary
and storm sewer; and sanitary sewer televising review and coordinate any third party testing in order to
determine needed improvements.
3. Design and Bidding - includes the design and bidding of street reconstruction, water main replacement,
storm sewer rehabilitation, sanitary sewer rehabilitation,and sanitary sewer lining,
4. Construction Observation/Management - includes the construction observation of street reconstruction
and utility improvements; quantity record keeping; daily observation reports; testing reports; and general
project coordination with the contractor, residents, and businesses; working with the City to address
deficiencies and/or securing data necessary should the contractor be in vio otion of the contract up to
and including removal and securing performance frorn the Project security,
5. Surveying - includes water main, storm sewer, and street staking; record plan surveying following
improvements.
6. Creating and Providing Record Plans/Base Map Updates-includes providing an electronic (.pdf) copy of
the record clans, and completion of Au'toCAD base map updates to all improved utilities.Shape files of the
utilities and roadway surfaces will be provided to the City and which shall also include X-Y-Z dimensions and
data labels
The listing above constitutes what is generally anticipated with a project of this magnitude and the parties agree
that this list is not exhaustive. Unique deviations shall be promptly communicated to the other party for
consideration for costs increases or reductions outside this General Scope,
Page 1 of V Page 58 o
Stant @C PROFESSIONAL SERVICES AGREEMENT
ADDENDUM #1
In addition, the following considerations shall prevail:
• Progress payments will be made by the CITY to the Engineer based on relative progress and/or completion
of each phase listed above.
• Should the CITY or the Engineer discover circumstances that could be wholly unanticipated with a project
of this type and would cause expense or cost savings, both parties agree that the other may request
additional compensation or cost reductions, any such requests must be made promptly and with detailed
supporting documentation provided:
• In the event the CITY would request additional work that will result in a substantial change in design
or project scope,Stantec may request additional compensation from the CITY.
• In the event the CITY project is altered to reduce construction costs by more than 10% (due to one
or a combination of total design changes) the CITY may request cost reductions from the Fngineer.
• In the event the City project is delayed, and work cannot be completed by the end of 2016.
Unfess there is a further alteration as agreed to in writing between the CITY and the Engineer, this agreement shall
prevail throughout the course of the Project and such terms shall supersede the November 18'h 1999 Agreement or
any subsequent amendments.
G �
ITY OF OAK P RK AXTEC CONSULTING SERVICES INC.
r. Eric Zinisir nnson, ICP
City A for Christopher W. Long, P,E.,
Michael Kennedy, P,E., Vice President
Page 2 of 2
Page 59 of 72
Stantec Consuiting Services Inc.
2335 Highway 36 West
St.Paul MN 55113
Tel: (651) 636-4600
Stantec Fax: (651) 636-1311
June 17, 2015
Mr. Eric Johnson
City Administrator
City of Oak Park Heights
14168 Oak Park Blvd. N.
P.O. Box 2007
Oak Park Heights, MN 55082
Re: 2014 Street Reconstruction Project-Engineering Extra Services
Dear Eric:
We are requesting additional fees for engineering services related to the additional work
authorized by City staff as part of the City's 2014 Street Reconstruction Project. As you know, the
work included in the original agreement was based upon design and construction services for
areas B, C, D and E as highlighted in Figure No. 1 from the feasibility study.The additional work was
not known at the time of the signed original Professional Services Agreement Addendum No.1
between the City and Stantec Consulting Services.
The additional work includes design and construction services for the following improvements:
1. Water main Improvements along Stagecoach Trail North between 581h-561h Ave; Part 5 of
base bid.
2. Water Main Improvements between Stagecoach Trail North to Perkins Ave; Alternate 1.
3. Valley View Park Entrance Reclaim and Overlay; Alternate 2.
Each of the improvements above were either part of the base bid or alternate bid schedules as
noted above and were awarded by City Council on April 8, 2014.
The requested additional work includes preliminary design through project closeout and includes
the following scope of work:
Task 1 -Water main Improvements along Stagecoach Trail
• Preliminary Topographic Survey (6 hrs.x$150/crew hrs.) $900.00 Lump Sum
• Design, Plans and Specifications (40 hrs.x$100/ hrs.) $4,000.00 Lump Sum
• Construction Administration (8 hrs. x $80/ hrs.) $640.00 Lump Sum
• Construction Staking (8 hrs. x$150/crew hrs.) $1200.00 Lump Sum
• Construction Observation (32 hrs,x$1 15/hrs.) $3,680.00 Lump Sum
• Record Drawings / Base Maps (10 hrs.x $100/hrs.) $1000.00 Lump Sum
Task 1 -Sub Total $11,420.00 Lump Sum
(Part 5 of Base Bid- Low bid construction cost is $121,326.07)
Page 60 of 72
June 17, 2015
Eric Johnson
Page 2 of 3
Reference. Extra Services 2014 Street Reconstruction Project-Engineering Fee Proposal
Task 2-Water main Improvements between Stagecoach North and Perkins Ave
• Preliminary Topographic Survey (2 hrs.x$150/crew hrs.) $300.00 Lump Sum
• Design, Plans and Specifications (12 hrs. x$100/ hrs.) $1,200.00 Lump Sum
• Construction Administration (2 hrs.x$80/ hrs.) $160.00 Lump Sum
• Construction Staking (4 hrs.x$150/crew hrs.) $600.00 Lump Sum
• Construction Observation (20 hrs. x$1 15/hrs.) $2,300.00 Lump Sum
• Record Drawings / Base Maps (2 hrs. x$100/hrs.) $200.00 Lump Sum
Task 2-Sub Tofal $4,760.00 Lump Sum
(Alternate 2- Low bid construction cost is$22,911.95)
Task 3-Valley View Park Entrance Reclaim and Overlay
• Design, Plans and Specifications (24 hrs.x$100/ hrs.) $2,400.00 Lump Sum
• Construction Administration (6 hrs.x$80/ hrs.) $480.00 Lump Sum
• Construction Staking (4 hrs.x$150/crew hrs.) $600.00 Lump Sum
• Construction Observation (24 hrs.x$115/hrs.) $2,760.00 Lump Sum
• Record Drawings / Base Maps (4 hrs.x$100/hrs.) $400.00 Lump Sum
Task 3-Sub Total $6,280.00 Lump Sum
(Alternate 1 - Low bid construction cost is$91,561.091
We are requesting additional fees in the total amount of $22,460 on a lump sum basis for design
work already completed and work remaining during the construction phase of this project. Our
fees are based upon hours to complete each task and hourly rates as shown above.The total fee
when compared to actual bid construction cost for ali of these improvements is 9.50.
Approval
If this letter satisfactorily sets forth conditions of our Agreement, please sign in the space below
and return one copy to our office.Thank you again for the opportunity to provide these services.
Sincerely,
Stantec
Cristina M. Mlejnek, PE Phil Gravel
City Engineer Principal
Page 61 of 72
June 17, 2015
Eric Johnson
Page 3 of 3
Reference: Extra Services 2014 Street Reconstruction Project-Engineering Fee Proposal
CITY OF OAK PARK HEIGHTS
Print fume and Title
Signature
Date
Attachments: Figure 1 & Related Plan Sheets
copy: File
Design w4h community Yn mind
Page 62 of 72
Sta nteC 2335 Highway 36 West,St.Paul MN 55113-3819
June 8, 2015 �z
File: 193801994
Attention: Eric Johnson
14168 Oak Park Boulevard
PO Box 2007
Oak Park Heights, MN 55082
Dear Eric,
Reference: 2014 Street Project-Additional Costs Incurred by Stantec
This letter references PSA Addendum #2, Modification #2 for Additional Engineering Services.
Project budget management includes making projections based on many items including
construction schedules. The timelines and milestone dates specified in the Contact Documents is
a major aid in working with set budgets.
Due to a number of factors, Hardrives did not meet any of the milestone dates. Some factors
include the weather and private utility work. (See attached correspondence dated April 24,
2015).
Because the Contractor did not meet any of the milestone dates set forth in the Contract, Stantec
continued to manage construction and administer each project area an average of three and a
half weeks beyond the p6anned/budgeted timeline. The two primary individuals (Lucas and
Sandy) to work on the project have an average rate of$104/hour. Three and a half weeks at a
combined 50 hours (for both, not each) per week at this rate for each area comes to $72,800 in
work beyond the milestone dates.
Please let me know if additional information or any clarification is needed.
Regards,
Stantec
Cristina Mlejnek, P.E.
City Engineer
Phone: (651) 967-4619
Fox: (651)636-1311
cristina.mle)nek@stantec.com
Page 63 of 72
a
June 8,2015
Eric Johnson
Page 2 of 2
Reference: 2014 Street Project-Additional Costs Incurred by Stantec
Attachment: none
c. He
me documeriQ
Design with community in mind
Page 64 of 72
2335 Highway 36 West,St. Paul MN 55113-3819
April 24, 2015
File: 193801994
Mr. Eric Johnson, City Administrator
City of Oak Park Heights
14168 Oak Park Boulevard North
P.O. Box 2007
Oak Park Heights, MN 55082
Reference: 2014 Street Reconstruction Project
Contractor Liquidated Damages
Dear Eric,
The purpose of this letter is to provide information regarding Contractor liquidated damages
related to work performed during the street reconstruction project.
Liquidated damages are calculated based on the number of days construction work extended
beyond the required Substantial Completion Date to achieve the requirements for Substantial
Completion. For each day beyond the requirement, $1,500 in liquidated damages accrues. The
current amount being withheld is$249,000. Some of this amount may be reduced as described
below:
One month for Lower Area C - the only outstanding item was signage (fully functional)
Ten days for Alternate 1 - final surface was paved (fully functional)
Weather-wettest spring on record caused start up delays
Xcel's project - not in Hardrive's control
Century Link project - not in Hard6ve's control
The Contractor (Hardrives) has proposed Liquidated Damages in the amount is $93,000.
We request that the City accept the amount of $93,000 from the Contractor due to the failure by
the Contractor to meet the specified Milestone Dates as presented in the Contract Documents
and this correspondence.
Please let me know if there are any questions or additional information is required.
Page 65 of 72
April 24,2015
193801994
Page 2 of 2
Reference: 2014 Street Reconstruction Project
Contractor liquidated Damages
Sincerely,
Stantec
� l
Cristina Mlejnek, P.E.
Project Manager
Phone: (651) 967-4619
Fax: 651-636-1311
cristina.mlejnek @stantec.com
Attachment: none
c. File
me doc ment l)
Page 66 of 72
Eric Johnson
From: Marymccomber @aol.com
Sent: Tuesday, June 16, 2015 12:07 PM
To: Eric Johnson
Subject: agenda for next week
Eric,
Can you do a council action sheet for setting a joint worksession with the council and parks
for July 20th following the park dedication/ribbon cutting at Oak Park Crossing.
Also, a place holder for a presentation during the visitors section by Nick from the DNR regarding
the carp found at the King Plant. He will get back to me.
Thanks,
Mary
1
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l
1�
Oak Park Heights
Request for Council Action
Meeting Date June 23d, 2015
Time Required: 5 Minutes
Agenda Ttetrl Title; Park Commission Work Session Request and Council Meeting Dates—
July&August.
Agenda Placement New Busines
Originating Department/Requ for Ejd/cAnson. Citv--Administrator
Requester's Signature
Action Requested Discussion/ ssible action
Background/Justification(Plc indicate if any previous action has been taken or if other public
bodies have advised):
set Meeting with the Park Commission—Proposed for July 2e,2015:
The Park Commission is seeking to hold a work-session with the City Council on July 20`h at approximately 6 pm
to discuss the Oak Park Crossing Park immediately following the planned"ribbon-cutting"event for the Park and
signage. In general,the Park Commission would like to discuss the plans of Oak Park Crossing Park and determine
if there is plan that seems viable and workable for many uses.The Park Commission, like the City Council has
expressed some questions about costs and viability for certain elements. The discussion is not anticipated to be
directed any given outcome rather an effort to determine what elements may or may not be best for the site.
Consider City Council Meeting Dates for July&August:
The City has the following meetings planned,might any of these be desired to be adjusted or deleted:
July 14
July 28 (Staff Note; Likely needed for Budget Discussions)
August 11
August 25
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Oak Park Heights
Request for Council Action
Meeting Date June 23, 2015
Agenda Item Authorize Finance Director to Prepare Preliminary 2016 Budget and
adoption of the Proposed Budget Schedule
Time Req. 5
Agenda Placement New Business
Originating Department/Requestor Betty Caruso, Finance Director
I
Requester's Signature 44�
0
Action Requested Authorize the Finance Director to Proceed With Preparation of the
2016 Budget with Guidelines for Its Preparation and the Adoption of
the Proposed Budget Schedule
Background/Justification (Please indicate any previous action has been taken or if other public
bodies have been advised).
As we know, the 2015 Legislative Session concluded with few changes/or known impacts to the
City's 2016 budget. Some preliminary calculations for the 2016 budget, based on Legislative
actions and LMC estimates, will result in the following:
• Local Government Aid—No change. Still not a recipient.
• Levy Limits - None for 2016
• No rate changes for General PIan Pension (PERA)
• No rate increase in Pension for Police (PERA)
• Implicit Price Deflator based on 1St quarter 2015 as compared to 15t quarter 2014 is 0.0%
(Salary Increases based on Contracts 2.75%- $41,000 estimated increase)
Considering this information I would like the Council review and take action on three
items.
1. I will be submitting the budget requests to the Departments Heads this week. I am
requesting if the City Council has any specific guidelines to direct them in their
requests.
2. Attached is 2016 Budget Schedule including possible workshops. Please review,
keeping in mind that a Preliminary Budget and a Proposed Tax Levy must be filed
with the County by September 30, 2015. If there are no conflicts or alternative
dates required, please consider adoption of this schedule.
3. If Councilmembers have items for consideration I would like them to be submitted
by July 15'.
Page 71 of 72
W A MP
Memo
To: Mayor and Council
From: Betty Caruso,Finance Director
Date: June 19, 2015
Re: 2016 Budget Work Session Schedule
Budget worksheets will be distributed to staff this week with a deadline for submission to
Finance by July 15th. Administration and Finance will review the budget worksheets and
compile the preliminary budget document which will be distributed to Council and staff
by late July.
A budget workshop with the department head's budget explanations will be scheduled for
July 28th at 5:30. If this cannot be completed, council may choose to extend the
workshop to the August 11th, prior to the regular council meeting.
The preliminary budget will be presented at the September 22nd meeting. This will be the
budget we need to approve for the proposed tax levy to be submitted to the County by
September 30, 2015, and used for the TNT hearing notices.
Summary of the above dates as proposed:
July 28th Overall Summary
5:30 Work session Meet with Department Heads
Extended to August 11`h if necessary
Sept 8th 5:30 Work session Possible Updated Budget document
September 22nd Budget Summary with changes
5:30 Work session Proposed Tax Levy
September 22nd Council Meeting Summary of Budget
Approve Proposed Levy for TNT Hearing
(Due to County September 30th)
December 811 Council Meeting TNT Hearing and possible Budget Adoption
(Due to County December 28th)
Page 72 of 72