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04-12-2016 Council Packet
The Oak Park Heights City Council will be holding the 2016 Board of Appeal and Equalization 6:00 p.m. —7:00 p.m. on Tuesday, April 12, 2016 at the Oak Park Heights City Hall CITY OF OAK PARK HEIGHTS TUESDAY, APRIL 12, 2016 CITY COUNCIL MEETING AGENDA 6:00 P.M. (concurrent with Board of Appeal and Equalization) 6:15 p.m. L Call to Order/Pledge of Allegiance/Approval of Agenda _ Estimated times 6:20 p.m. IL Council/Staff Reports A. Mayor McComber B. Councilmember Dougherty C. Councilmember Liljegren D. Councilmember Runk E. Councilmember Swenson F. Staff 6:25 p.m. 111. Visitors/Public Comment This is an opportunity for the public to address the Council with questions or concerns on issues not part of the regular agenda(Please limit comments to 3 minutes in length). 6:30 p.m. IV. Consent Agenda (Roll Call Vote) A. Approve Bills & Investments B. Approve City Council Minutes—March 22, 2016 (pg. 3) C. Award the Spring 2016 Boulevard Tree Planting Project to Abrahamson Nurseries (pg. 9) D. Authorize Placement of Soda Vending Machines at Certain City Parks (pg. 23) E. Consider Resolutions—Roadway Name Alterations/Clarifications (pg. 29) F. Authorize Staff to Enter into Service Agreement with NAC for HVAC Maintenance (pg. 33) G. Approve Paris Ave Reconstruction Agreements with Washington County (pg. 45) H. Authorize Staff to Work with the County and New Property Owners on Alternative to 2015 Street Assessment on Tax Forfeit Property (pg. 77) 6:35 p.m. V. Public Hearings None 6:35 p.m. VI. Old Business None 6:35 p.m. VII. New Business A. Approve Emergency Management Ord. 1118 (pg. 81) B. Consider City Council Date Change— 6/28/16 Meeting (pg. 99) Page 1 of 100 Agenda April 12,2016 Page 2 6:50 p.m. XIII. Other Council Items or Announcements 7:00 p.m. IX. Swearing in of New Police Officer by the Honorable Greg Galler 7:05 p.m. IX. Adjournment Page 2 of 100 Oak Park Heights Request for Council Action Meeting Date April 12, 2016 Agenda Item App we City Council Minutes—March 22 2016 Time Req. 0 Agenda Placement Consent Originating Department/Requestor Admi stration/Jennifer Pinski Requester's Signature Action Requested Approve Background/Justification(Please indicate any previous action has been taken or if other public bodies have been advised). See Attached. Page 3 of 100 CITY OF OAK PARK HEIGHTS TUESDAY, MARCH 22, 2016 CITY COUNCIL MEETING MINUTES r. Call to Orcler/Pled a of Alle °ante/A royal of encu: Mayor McComber called the meeting to order at 7:00 p.m. Present: Councilmembers Dougherty, Runk, and Swenson. Staff present: City Administrator Johnson, City Attorney Vierling, Public Works Director Kegley, City Planner Richards, and City Engineer Mann. Absent: Councilmember Liljegren Councilmember Swenson, seconded by Councilmember Dougherty, moved to approve the Agenda. Carried 4-0. II• Council/Staff REports: A. Mayor McComber: She reported that the Parks Commission met March 21 and had a public hearing on the mountain bike trail proposal. She reported the Parks Commission scheduled a continued worksession for April 18 at 6:00 p.m. followed by the regular meeting at 7:00 p.m. She stated the Parks Commission park walkthrough was scheduled for April 2 at 8:30 a.m. beginning at Cover Park and the Spring Clean-up event was set for May 7 from 7:30 a.m. — 1:00 p.m. at the Andersen Corporation parking lot. McComber also reported that she received an e-mail from the League of Minnesota Cities that the issue of flushable wipes was going to Senate, and she reminded residents not to flush those wipes down the toilet. B. Councilmember Dougherty: He reported that the Annual CVB Open House was set for May 19 from 4:30—8:30 p.m. at the Water Street Inn. C. Councilmember Lil'e en: Absent. D. Councilmember Runk: He reported there were three items from the Planning Commission on the Council Agenda that evening. E. Councilmember Swenson: He reported that interviews were completed for Kathy Cinnamon's position, and an offer was extended. F. Staff. City Attorney Vierling reported that a resolution would be signed by the Mayor and Administrator regarding the drainage and utility easement for the Pizza Ranch closing. Deputy Clerk Pinski reported that Melissa Meier of 14372 57'h Street North was chosen as the recycling award winner. III. Visitors/Public Comment: Page 4 of 100 City Council Meeting Minutes March 22, 2016 Page 2 of 4 A. Presentation by the Youth Service Bureau—Executive Director—M ary Planten-Krell: Bureau Executive Director Mary Planten-Krell provided a Presentation. No action was taken. B. 2015 Reca and Update from gayport Fire Chief—Al Eisinger: Bayport Fire Chief Eisinger provided a presentation. He also reported there was a fundraiser for Mike Bell at the Bayport Legion on April 23 from 4:00— 7:00 p.m. and an open house for the Bayport Fire Station on April 30 from 9:00 a.m. — 1:00 p.m. Resident Jim Kremer came forward and stated he was concerned about burnout by fire department personnel. He requested they consider a system wherein the Fire Department did not need to respond to each call. Eisinger responded that Washington County uses a triage system by asking questions and assigning the calls into one of three Ievels. He stated the Fire Department only responds to level one calls. No action was taken. IV. Consent Agenda, A. Approve Bills & Investments B. Approve City Council Minutes—March 8, 2016 C. Approve Resolution Granting MN Deer Hunter Association, St. Croix Valley, to Conduct a One-Day Raffle on April 30, 2016 at Heights Hall and Club D. Approve Resolution Establishing NO PARKING Area Along Paris Ave Councilmember Runk, seconded by Councilmember Dougherty, moved to approve the Consent Agenda. Carried 4-0. V. Public Hearings: None VI. Old Business: A. Consider the Airbnb: City Administrator Johnson reported that there were two options to consider: define Airbnbs as a bed and breakfast and use that CUP tool, or create a new CUP element entitled Transient Lodging. Councilmember Runk, seconded by Councilmember Swenson,moved to direct staff to prepare information on Airbnb and other short-term rentals in the realm of a CUP. Carried 4-0. Councilmember Runk suggested that one condition be that they are up-to-date with tax before a permit could be issued. VII. New Business: A. Dahl Tech Inc.—Conditional Use Permit for Rear Lot Line Setback and Desi g Guidelines/Site Plan Review—5805 St. Croix Trail North: City Page 5 of 100 City Council Meeting Minutes March 22, 2016 Page 3 of 4 Planner Richards reviewed his planning report which was included in the City Council packet. Councilmember Runk, seconded by Councilmember Dougherty, moved to approve the Resolution. Roll call vote taken. Carried 4-0. B. Holiday Station Stores—Conditional Use Permit for Fuel Station and Car Wash Conditional Use Permit for Signage, Preliminga and Final Plan Desian Guidelines/Site Plan Review— 14773 601h Street North: City Planner Richards reviewed his planning report which was included in the City Council packet. Councilmember Swenson, seconded by Councilmember Runk, moved to add a caveat to the Resolution that sounds from outdoor advertising cannot be heard off of the property line. Carried 4-0. Dave Edqist, Manager of Real Estate for Holiday Stationstores, stated that they can reduce the volume of the TVs on the pump. Councilmember Swenson, seconded by Councilmember Runk, moved to approve the Resolution with a condition that a review of the CUP occur after one year and including the other condition regarding the outdoor ad noise. Roll call vote taken. Carried 4-0. Councilmember Swenson, seconded by Councilmember Runk, moved to direct staff to work with area businesses on a plea to remove the concrete median on Osgood Avenue. Carried 4-0. C. Jose h's Restaurant—Joseph Kohler— 14608 60th Street N. —Site Plan and Design Guidelines Review—Timeline Extension Request: City Administrator Johnson reported that Joseph Kohler or Joseph's Restaurant requested a 12-month extension to implement the various external improvements to the facility. Councilmember Dougherty, seconded by Councilmember Swenson, moved to approve the extension. Carried 4-0. D. Stillwater Crossin Sign—5950 Osgood Avenue—Conditional Use Permit: Scott Richards reported that the owners of Stillwater Crossing shopping center made an application for a CUP to allow for additional tenant signage on the center's freestanding sign. Councilmember Runk, seconded by Councilmember Dougherty, moved to approve the CUP. Roll call vote taken. Carried 4-0. E. San Sewer SCADA: Public Works Director Kegley reviewed his memo which was included in the City Council packet for that evening. He Page 6 of 100 City Council Meeting Minutes March 22, 2016 Page 4 of 4 requested authorization to move forward with the project and enter into a contract with Stantec not to exceed $12,800. Councilmember Swenson, seconded by Councilmember Dougherty, moved to authorize the improvements to the SCADA system. Carried 4-0. Councilmember Runk, seconded by Councilmember Dougherty, moved to authorize the agreement with Stantec. Carried 4-0. F. 2016 Goal Setting: Councilmember Swenson, seconded by Councilmember Dougherty, moved to adopt the listing for 2016 goal setting. Carried 4-0. Councilmember Swenson, seconded by Councilmember Runk,moved to direct staff to bring a work plan and rough schedule to the City Council for Cover Park redevelopment elements. Carried 4-0. G. Ado t 2016-2020 Anticipated Capital Improvement Plan: Councilmember Dougherty, seconded by Councilmember Runk moved to adopt the CIP. Carried 4-0. VIII. Other Council Items or Announcements: Mayor McComber offered condolences to the Washington County Commissioners on Commissioner Ted Bearth's death. IX. Adjournment Councilmember Swenson, seconded by Councilmember Dougherty, moved to adjourn at 8:12 p.m. Carried 4-0. Respectfully submitted, Approved as to Content and Form, Jennifer Pinski Mary McComber City Clerk Mayor Page 7 of 100 THIS PAGE IS INTENTIONALLY LEFT BLANK Page 8 of 100 Oak Park Heights Request for Council Action Meeting Date: Tuesday April 12th 2016 Agenda Item: Spring 2016 Boulevard Tree Planting Time Req. 1 Minute Agenda Placement: Consent Originating Department/Requestor: Public Works And Ke le Public Works Director Lisa Danielson Arborist Requester's Signature Action Requested: Award he Spring 2016 ulevard Tree Plantin Project to Abrahamson Nurseries Please See Attached Memo. Page 9 of 100 { City of Oak Park Heights 14168 Oak Park Blvd N.•Box 2007.Oak Park Heights,MN 55082*Phone(651)439-4439•Fax 439-0574 Memorandum To: Andy Kegley, Public Works Director Cc: Eric Johnson, City Administrator, Mayor and Council From: Lisa Danielson,Arborist Dates 04/07/2016 Re! Spring Boulevard Tree Planting Attached are copies of the quotes submitted by tree planting companies for the City of Oak Park Heights Spring 2016 Boulevard Tree Planting. The trees included on the Spring 2016 Boulevard Tree Planting List include replacement of twelve (12) boulevard trees located on City boulevard right-of-ways along residential streets. Trees included are from the 2015 street reconstruction project and replacements from those removed on the Fall 2015 Pruning and Removals List. Quote requests were sent out to three (3) tree planting companies that have done work for the City in the past. Two (2) tree planting companies provided quotes by the deadline. The lowest responsible quote submitted by the deadline was from Abrahamson Nurseries for $3,396.00. The project will be funded from the City's budgeted projects tree replacement fund. Abrahamson Nurseries has submitted the lowest responsible quote and has done satisfactory work for the City in the past, therefore I'll make the recommendation that they be awarded the project. TREE CITY U.S.A. Page 10 of 100 Submitted Quote Totals and Information Certified OPH Company On Time Itemized Tree and List Provided Supervisor ISA Equipment Quote References contact and/or List License complete Provided [or will $ NLA obtain) Abrahamson Will Nurseries Y Y Y Y Y Y Obtain $3,396.00 Hoffman & McNamara $4,395.00 Co. Y Y Y Y ' Y Y Y YTS Companies, LLC. - _ _ _ _ _ Y Attachments: • Spring 2016 Boulevard Tree Planting Quote Request Packet • Submitted Quotes -Abrahamson Nurseries -Hoffman&McNamara Co. 2 TREE CITY U.S.A. Page 11 of 100 City of Oak Park Heights 14168 Oak Park Blvd N. • Box 2007 u Oak Park Heights,MN 55082 •Phone(651)439-4439•Fax 439-0574 Quote Request 03/29/2016 Spring 2016 Boulevard Tree Planting Included in this packet is important information and details for preparing and submitting a quote for the City of Oak Park Heights Spring 2016 Boulevard Tree Planting Instructions to Tree Contractors General Descri tion of the Work Please prepare completed itemized quotes for the following work numbers (1-12). The work to be performed consists of tree planting,initial watering,mulching and a one(1)-year guarantee after planting of all trees included in this quote request. Any notes or other important comments are also listed. Technical Specifications All trees are to be landscape guali of good form with straight trunks.Trees should be 1.5 to 2 in.caliper,(preferably 2 in.)container stock,unless a different stock is approved by the City Arborist.Each tree shall be measured according to the American Standard of Nursery Stock(ANSI Z60)standards. No undersize trees or trees of poor form will be accepted.All trees must be planted plumb and be able to stand straight after planting or the City will require that the tree be replaced. Trees included in this quote request are along City boulevard right-of--ways. (Please see included itemized list for addresses and comments). Information Co licerning WorkinIZ Conditions Contractors should Inform themselves of the conditions under which the work is to be performed concerning the site of the work,the obstacles which may be encountered, and all other relevant matters. *Underground utility locating is the responsibility of the contractor.*Once the contract is awarded,the contractor shall not be allowed any extra compensation by reason of any matter or thing concerning which the bidders may have informed themselves of prior to the bidding. Quote Submission Requirements Please prepare a completed itemized quote using the spreadsheet provided for all of the tree work items requested in this packet_(Please see attached itemized list for tree species,sizes and specifics for each tree). The contractor's quote for the tree planting can be submitted in person at the City of Oak Park Heights City Hall, sent electronically via email:(ldanielsonLDedYofoakparkheights.com),mailed:City of Oak Park Heights Attn:Lisa Danielson 14168 Oak Park Blvd N.PO.Box 2007,Oak Park Heights,MN 55082-2007 or faxed(651) 9-0574. -43 Contractors should submit a copy of their current Certificate of Liability Insurance Coverage along with their Page 12 of 100 quote,if they are not already licensed in the City of Oak Park Heights for 2016.The contractor should also submit a copy of the completed page in this packet entitled"Contractor Qualifications 2016."The deadline for submission of all completed requested items in this packet is 12:00 PM on Thursday,April 7th 2016(for consideration at the City of Oak Park Heights City Council Meeting on Tuesday,April 12th 2016). Basis of Contract Award The City reserves the right to accept or reject any quote.The award of the tree planting contract is based in part on the lowest quote;however,the City reserves the right to factor past work,references and available equipment into their decision regarding the work award.The awarded contractor will be contacted by phone within a timely manner by the City Arborist after the date of the City Council meeting in which the quote was considered at. Licensing:Tree services working in the City of Oak Park Heights must have a current Tree Worker's License.This license may be obtained from City staff at City Hall upon presentation of proof of current Liability Insurance Coverage,proof of current Workers Compensation Insurance,and payment of the license fee.A current City of Oak Park Heights Tree Workers License is required before any contract work is done for the City. Proiect Completion Date The City of Oak Park Heights Spring 2016 Boulevard Tree Planting List is to be completed no later than Wednesday, June 1st 2016. Subcontractors The tree planting contract is between the City and the contractor which has submitted the successful quote. The contractor shall not execute an agreement with any subcontractor to perform any portion of the work unless the contractor has received written approval for such subcontractor from the City of Oak Park Heights. Payment for Work Performed Payment of the Spring 2016 Boulevard Tree Planting contract will be made on the basis of the quoted unit prices for the work performed.The tree contractor shall be paid for the work performed after completion of work,submission of an itemized invoice to the City of Oak Park Heights,and inspection of completed work by the City Arborist. If it is determined upon inspection that the required work has not been fully completed,the contractor will be notified and will be paid only upon satisfactory completion of all work. QUESTIONS? Contact: Lisa Danielson, City of Oak Park Heights, City Arborist, (651)-439-4439, or via email Idanielson@cityofoakparkheights.com Page 2 of 6 Page 13 of 100 Tti Y Contractor Qualifications 2016 1.List of References/Similar Projects Company or City Contact Name Phone Number Last Work Date 2. Name of person who will supervise this work and the number of years of experience Is this supervisor an ISA Certified Arborist or MNLA Certified? Certificate Number: Expiration: 3. List equipment available for this contract.List type,size (Le.2 ton truck) S. Does your company have a current (2016) City of OPH Tree Worker's License? before starting work) (Required Page 3 of 6 Page 14 of 100 City of Oak Park Heights Spring 2016 Boulevard Tree Planting Additional instructions,if any,in Comments section. WORK LOCATION SPECIES Comments ITEM# (Address or Park) **All trees will be planted on the City Boulevard Right of Way at the addresses listed Exact planting locations will be flagged for awarded contractor** 1 5640 Newberry Maple Ave N 'Autumn Blaze' 2 5660 Newberry Japanese Tree "*"Resident requests only single Ave N Lilac trunk**** 'Ivory Silk' 3 13910 561 Street Maple N 'Autumn Blaze' 4 14846 Upper 55' Maple ""Resident requests only a seedless Street N `Celebration' Maple**** 5 1482158th Street Crabapple Tree will be planted in line with existing N 'Prairie Fire' crabapples 6 1489158th Street Crabapple Tree will be planted on Ozark Ave Frontage N (Ozark Ave N side of property Frontage) `Prairie Fire' 7 6197 Paul Ave American Plant in line with existing arborvitaes (62"d Street N Arborvitae side of yard) Page 4 of 6 Page 15 0f100 8 6197 Paul Ave American Plant in line with existing arborvitaes (62"d Street N Arborvitae side of yard) 9 6197 Paul Ave American Plant in line with existing arborvitaes (62"d Street N Arborvitae side of yard) 10 6286 Paris Ave N Crabapple ""*Resident only wants'Sir Lancelot' (63rd Street N variety planted"" Tree will be planted side of yard) 'Sir Lancelot' on 63rd Street N side of property 11 15220 63rd Street Maple Plant tree to the right of the driveway, in N line with the picture window 'Autumn Blaze' 12 1505164'Street Japanese Tree Plant tree to the right of the driveway N Lilac left of the sidewalk ory Silk' Page 5 of 6 Page 16 of 100 Order Totals Item Plant Name Size Quantity No. Type of Pianting Stock 3 flowering crabapple 1.5-2.0 in. container 2 'Prairie Fire' (apple scab resistant) 2 Crabapple 1.5-2.0 in. container 1 'Sir Lancelot' 3 American Arborvitae —6 feet tall container 3 4 maple 1.5-2.0 in. container 3 'Autumn Blaze' 5 Japanese tree lilac 1.5-2.0 in. container 2 'Ivory Silk' 6 Maple 1.5-2.0 in. container g 'Celebration' TOTAL 12 Page 6 of 6 Page 17 of 100 APR-5-2016 06:56 FROM:ABRAHAMSON NURSERIES 6514334328 TO:651435O574 P.1/3 b�rraa ,.. \,f��.i1rL� _ �... . APR -5 .ZOO -- NURSERIES 20011 St. CrotA Trp11 North Scant]la, MN 55073 2100 Tower Dr. LS1-433.2431 SlIftaler. MN 65082 eSr -Y3S-Y324 `A* f61-430.2140 bt1- w19- 4 i�0 TO From: .Abrahamson Nurseries Wages: Uncludincrb Corer) ' Note: zo 6 Page 18 of 100 APR-5-2016 06:57 FROM:ABRAHRHSON NURSERIES 6514334328 TO:6514390574 P.2/3 s n n n i a q I c Mlu N i M 4 to LO V al N pa ;;' a � a 3 0 . s: Ba j ►� Do zo c x� cH a Fh r ai m ]a � r�, � � Jm !n N Ir r _ r< n " �� o M r �°.F m Z D;y t o � 1oc N � pn A res+ rn b m >s p :b � � � y � m � � to R 71 M : A �� a �', w 14 Cb D Cl o m S z t ;rm a µ w tT Z I I � f � r� 04 is VIN o a pro] , ► _- 4W N 14 � -tr o a a Page 19 of 100 APR-5-2016 06:57 FROM:ABRAHAMSON NURSERIES 6514334328 70:6514390574 P.3/3 o Contractor Qualifications 2016 1, List of References/Similar Projects Company or City Contact Name Phone Number Last Work Datc a P r�C) y 3 b-rr ij Z,a r y .,. � Pr. 3P 30 - '9170-0 Z01 tes�_7y? ..�4gJ Z4lS 2. Name of person who will supervise this work and the number of years of experience is this supervisor an ISA Certified Arborist or MNLA Certified? ✓ a °o Certificate Dumber: Expiration:_IL I 3. List equipment available for this contract.List type,size(i.e. 2 con truck) 14 � P 2 11J 5. Does your company have a current (2016) City of OPH Tree worker's License? (Required before starting work) ` �� C1 Page 3 of 6 Page 20 of 100 a o a a a 81 cd 00 lqt 4o a o o a a [Ln q^ 4444 i/1 �l} tj� m i/1 a a a a a o a o c o 0 `a N ui � a cr 14 4^ 44 4^ An it} -Ln ij� � N N J d 1— c o o c o 0 0 a�� o o (( o O c a o 0 tDitLA M r-1 rl aM-! oOD LA �O n i/} V Vim! iH irq g x H hot a'1+ C f0 d L L ! 4 _C _C C C d C_ C C_ G = C Q � (0 _ C 'F'� 4-+ +o+ � r +�+ aha u u tg u [i c0a cs tg $ 0 � 0 o � o c� N Go Q 4 O G7 O Q 4 4 4-. Ln L7 Lh rI rl r f c i ,4 rE [D [R LO r-1 r4 eN M n7 01 d m41 01 a Q CL 01 mit 2 Q w C F CoGJ M C C L Q. M —L„ Q ¢ Q W Q mw Q a` ° 'S a m Lu +a '° w a _ = _ 2 1! L. = �► o ¢ U M u - .0 c c ii u m ++ m m M m to -W u E L% F 5 w �_, c C c m m -c VuL Li � d [s`. O p N LL t�j. ~ I- C-C u L L _� ^J N f6 fC y X 11O azIn Q y fa (o 3 � m U c a E o` a LAc ren er m co n o0 0� rq t M o Page 21 of 100 *Contractor Qualifications 2016 I. List of References/Similar Projects Company or City Contact Name Phone Number Last Work Date !•-ti Vl. d'd k1 ? - 4#671-2-'-7r, 3 I ow -42AS— MM -79 2. Name of person who will supervise this work and the number of years of experience pe Vto Is this supervisor an ISA Certified Arborist or MNLA Certified?_ Certificate Number.-M N- Expiration: G-3c l b lei 35S A 3. List equipment available for this contract.List type,size(i.e.2 ton truck) h� tit � `'-'C S•1 - k - ___ � _______...._.....o—�_ S. Does your company have a current (2016) City of OPH Tree Worker's License? before starting work) (Required Page 3 of 5 Page 22 of 100 yp Oak Park Heights Request for Council Action Meeting Date A '1 12`h 2016 Time Required: 1 Minutes Agenda Item Title: Authorize Placement of Soda Vendiniz Machines at Certain Ci Parks Agenda Placement Consent Agenda Originating DepajAorni ues 3ohnso Ci Administrator Requester's Signa Action Requested a 2016 Placement of Soda Vendin Machines at CertainCi A —owe Contract with Pro used Vendar Gullikson. Background/Justification(Please indicate if any previous action has been taken or if other public bodies have advised): In 2014,the City Council and Park Commission discussed the possibility of installing soda machines at City Parks, being Brekke and Autumn Hills(inside). Staff has outreached to a local vendor Mr.Henry Gullickson who is a Pepsi representative and who could supply the machines,maintain these and keep them in proper condition.Mr. Gullickson also works with the City of Stillwater. During the 2014 and 2015 years,Mr.Gullickson did have such machines installed the following was his sales figures—May thru October: Total Gross 2014 2015 Total Profit $1717.68 $974.73 $ 762.23 $212.50 If the City Council does desire to again allow these machines in the City Parks,Staff would the draft a short agreement(enclosed)that would again outline the general parameters of the relationship for liability,safety, cleanliness and removal of such equipment. The proposed agreement would not allocate any dollars to the City as Pan Of @.y eamcd revenue;how wr r_W City would have,no ivsponst'bility fQr mac>?ine Maint4nducc or t4 PrQtm it from damages.The essential risk lies almost entirely with the Vendor.However,the benefit to park visitors would be this vending option. Staff has not had any service or other issues of note to date with these machines or locations and the Park Commission does support the 2016 renewal. The City Council is again generally comfortable with the concept,please approve that the enclosed Agreement with Mr.Gullickson. Page 23 of 100 Oak Park Heights Vending Agreement Agreement,date'as of 20116 between Mr.Henry Gullickson("The Vendor")and the City of Oak Park Heights (the"Cityl: WHEREAS,VENDOR desires to provide certain vending machines at Park facilities owned andfor operated by City consisting of refreshment and other vending services,and WHEREAS,City desires to engage the services of VENDOR as the non-exclusive provider of said vending services at designated Locations; NOW,THEREFORE,for the reasons set forth above,and in consideration of the mutual promises and agreements herein set forth,VENDOR and City agree as follows: 1. VENDOR shall install,maintain and service all vending equipment("Machines")and is limited to a single soda- vending machine only at each designated City Locations,8rekke Park and Autumn Hills Park,(See Exhibit A).At no time shall the Machines be deemed the possession of City;they are,and will remain,under the control of VENDOR.All equipment shall be maintained in good working condition. 2. City shall have the right to approve/disapprove of the specific placement of Machines at Locations in City sole discretion. During the term of this Agreement,VENDOR shall pay City Facility Rental Income(FRI)as follows: $0.00.There shall be no minimum revenues guaranteed by the City. 3. Water shall be vending choice in all machines and shall be kept stocked with appropriate product and in a volume reasonably similar to all other offerings.At all times,the machines shall be kept clean and in good appearance without any broken facing or graffiti,free of debris,dirt,etc.The machines shall not be internally lit if they directly face a residential area. The VENDOR shall place a clearly marked label or sign on all machines that provides a phone number so that machine users are able to seek any applicable refunds directly from the VENDOR.The VENDOR is directly responsible for and shall appropriately manage any refunds requested by park patrons. . The VENDOR during the term of this Agreement,shall not be required to pay a commission to the City which is typically equal to a percentage of all gross revenues(less applicable State imposed sales tax and deposits) collected from the sale of beverages vended from the Machines. 6. The initial tern of this Agreement shall be twelve(12)months commencing as of the date written above. ThereaW the term may be extended for an addifional twelve(12)month period of the sole discretion of the City conveyed to the Vendor by written notice.Either party may terminate this Agreement without penalty providing the other party with by thirty days written notice of such discontinuation. 7. The machines are anticipated to remain at their locations through the off-seasons.The Vendor shall however be obligated to remove the machines should the City request such removal.In some circumstances,these machines may not be accessible to the general public during periods in which park shelters may be closed. 8. VENDOR will provide City with a full accounting of all revenues received from Machines at City Locations. Page 24 of 100 9. If VENDOR undertakes to deliver a required vended service at designated City Locations,i.e.,beverages,snacks, cold food etc.,City shall not permit competing vendors to operate at said designated Locations.This provision shall not apply to beverage products brought onto the premises by patrons or groups using park facilities. 10. City shall allow VENDOR and its contracted personnel access to City Locations during normal business hours to install,fill,and service the Machines at said Locations. 11. City may elect to give VENDOR detailed notice of non-performance hereunder.Upon the receipt of such written notice,VENDOR shall have at least ten(10)days to remedy or cure the facts giving rise to such alleged non- performance hereunder. If VENDOR has not affected such a remedy or cure within the prescribed time period, City may terminate this Agreement if said non-performance is material in nature.Said termination shall be effective ten(10)days after City's issuance of written termination for cause. 12. Upon any form of contract termination,the VENDOR shall,at the Vendors sole expense,remove all equipment and/or machines from the City's premises. 13. The VENDOR may not assign their responsibilities as outlined in the Agreement to a third-party without the City's written permission. 7 4. Except for w±!lful or knowingly nagiigant 8013Qn tha part 4f the City,the City!s nit raspQnsi4le for any damages to the VENDOR'S property.The VENDOR does hereby indemnify,will defend and holds harmless the City and its agents from any loss or liability sustained as a result of the use of the property by the VENDOR.The City makes no warranty or guaranty of suitability for the placement of any machines. Use of City locations is at the VENDOR'S own risk. 15. If any term or portion of this Agreement shall be deemed invalid or unenforceable,the remainder of this Agreement shall not be affected.No waiver by VENDOR of any breach by City hereof shall be construed as a waiver of any other breach.This contract is binding upon the heirs,successors and assigns of both parties.This contract shall be construed under the laws of the State of Minnesota. IN WITNESS WHEREOF,the parties have set their hands and seals the day and year first written above. VEN3OR By: ._> PRINT NAME: 1 t 1 CS0V City: By. PRINT TITLE Page 25 of 100 Exhibit W Vending Locations: Machines shall be placed in locations as discussed during 2013 walkthrough,see map for park locations as attached. Page 26 of 100 u 1 wsiw&iSmaD — nss,uxuv ren awl t IEIUD�}e9Y1m0B D A ME11DY91efi�fy �� E i SAM or YYYIa �. +aYYe � aul Y,e/ E8Y ! Yrl cm r ,�. ROM j O. 0- In. - 1 erxi r e s _ ry Y ie Y� � �� �� eW �� J� `•�ti1 f tow3 i� ,oGam R v ! 7eEYM1Y lop ,ISY 4 V= l � 4W 11N0 11n,41N F' � i 4W Y i �T3 1 _ F f �'� �t� � � 1 EmEa YIYF •I �- � � EIYYtE � .i- ,rwa 1• � '' �� aeYt�s+m�y �• aal Alt YES 4R1 `s +E�Ys'Yun$ -YtMOM r �,pYs i� — r ;� �R + ♦ _ _ ._...� \�.�_J' ! _�r`,�•�-�t 5� 8 �FFS�P� j3r1 �-� —�; � HUM Off NOW t' �' 1108 .y510 mm € I � '.. fes^ •� age of 100 THIS PAGE IS INTENTIONALLY LEFT BLANK Page 28 of 100 0 Oak Park Heights Request for Council Action Meeting Date Aril 12 2016 Time Required: 5 Minutes Agenda Item Title: Consider Resolutions— adway Name Alterations./Clarifications Agenda Placement Consent A Originating Department/Rs toric JohnspA My Administrator Requester's Signature Action Requested: Discu on/Possible action. Background/Justifica " {Please indicate if any previous action has been taken or if other public bodies have advised): TWO ROADWAY NAME ALTERATIONS: I. The City has been approached by the property owners abutting Morning Dove Ave.N(including Noah Insurance and Lake Area Bank)to change the name of Cl the roadway from Morning Dove Ave. to Minnesota 591 Ave.N. Their comments are that google/yahoo maps and other searches may lead customers to incorrect locations in Baytown Township. In discussing this request with Washington County, County staff indicated that such a name was acceptable in their county-wide srss system for which the City is a partner in. Staff is Uot aware of any major conoerus with ws ti request at this time. If this request is amenable to the Council,the Council will be required to adopt a resolution approving such a name change. That draft resolution is attached. 2. The City was contacted by Washington County staff indicating a need to verify roadway names within their GIS systems and emergency location abilities. It was determined that Oldfield Ave. Ct.N. was in fact NOT the platted name for the street—rather the platted name is simply Oldfield Court. Accordingly, as the City does have the street signed as Oldfield Ave. Ct.N and it is commonly known as Oldfield Ave. Ct.N. - it is perhaps best to officially alter that name—officially. As above,a Council resolution is required. Page 29 of 100 141-1 5725 Tower I LitE R Wel P r .... 14188 a a s c v Q cc 05b' 433 4 1. ''�' n aai m v 5646 76 5685 w WS4 "� a vt Q v Q 5665 ;F 5625 5634 S�k3 � 56TH STREET RO-TH g 14412 5614 5823 ;A24� *wry fir^ rp R' �v 4315�� 2g �� $ 5609 5574 93 R�$ � A 56 24Q �OLD 5565 5573 ro S C� & � ��'' 54 5515 5530 5625 �Ncm 17 143 5520 v ! a 5526 *�` z .11 F3 a o ' �' 43L18 % ul '� X 55Q7 �� S- STREET\08TH 5471 a Y 5603 z S1 it 5480 ny i en ti s w en .I w v ex°a yr `fl 'P $� 5470 < 5471 �o l9 m ul SWAGER BROS. 7#h ADDITION AN " SCALE ! inch=!00 feet sw, CITY OF OAK PARK HE IONT$ CHARLES O.SEOROl,OOMPANy VICI WASHIMOTON COLWY.MINNESOTA CIVIL EMINEERMSaLAN45URMEYINC '4 01S•80 -, O��O y 4 r INS rau w 4O fm-mv as 47r6 � o +• v i, I A «' ■ �ti da `uW k�' P r '04..a 4 A,w•56 3 a F� 2 -41 '��� •sr. I,Y 6 'd A'-np=`� S.�' 'a �y �► ,�y+}i .,n jo Ulk4z. L B 7�s �� �"� '�s lD6s! �A• �,,��ii rc �.,�A,`�.' tiq��i:� a�,y•r ' : rxa,n '« 0lAFlELQ C{yURT� � sn«r¢wr swn w.w.i. '� sie`si a¢-E � `r —•—s�Rrtya t-1 2 ry P ' r�I -ILu. asT WoWa it s terdy u r._ im o 3 :lid 4 y I q S u I •`,'� '10 140 7 40.0 x i ro 1300 1 34, 0� F _ ` x _ 55 STREET SO Page 30 of 100 RESOLUTION A RESOLUTION APPROVING THE RENAMING OF MORNING DOVE AVENUE NORTH TO MINNESOTA AVENUE NORTH Whereas the City of Oak Park Heights did designate a street named Morning Dove Avenue North as developed in the initial platting and/or development ofthe areas lying west of County Highway 15,(formerly known as Trunk Highway 5)within the plat of Oak Park Station,and; , Baa Whereas the City has received written request from both Noah Insurance and Lake Area Bank—currently the only entities that reside and have business addresses on such roadway to change the name to Minnesota Avenue NORTH citing that the current name of Morning Dove Avenue NORTH can be confusing for customers to locate their facilities using various internet search engines that direct persons to areas in Baytown Township. Whereas the City is a participant in the Washington County street naming program for addressing and roadway naming so as to ensure uniformity and emergency response capacity,and; Whereas Washington County has provided relevant guidance that the name Minnesota Avenue is consistent with County road naming policies and would be appropriate for the re-naming of Morning Dove Avenue North. NOW,THEREFORE,BE IT RESOLVED,that the City Council for the City of Oak Park Heights does find that the request to alter the of Morning Dove Avenue to Minnesota Avenue NORTH is acceptable and does hereby approve such name change to be forwarded to the office of the Washington County Surveyor and Auditor/Treasurer for implementation of the re-naming on their systems and files,and BE IT FURTHER RESOLVED that all city addressing systems shall be amended to reflect the renaming of Morning Dove Avenue North to Minnesota Avenue North. Passed by the City Council of the City of Oak Park Heights this 12 day of April,2016. Mary McComber,Mayor Attest: Eric Johnson,City Administrator Page 31 of 100 RESOLUTION A RESOLUTION APPROVING THE RENAMING OF OLDFIELD COURT N TO OLDFIELD AVENUE COURT NORTH Whereas the City has been approached by Washington County review street names that appeared to demonstrate various naming inconsistencies;and Whereas ensuring roadway names and nomenclature is consistent throughout the community so as to enqure effective delivery of emergency services;and, Whereas the City is a participant in the Washington County consortium for addressing and roadway naming so as to ensure uniformity and emergency response capacity,and; Whereas Oldfield Avenue.Ct.NORTH(shown in the map below)was initially platted as Oldfield Court NORTH and which could be misidentified in an emergency situation;and, x d� 38TH ST X S. (kDMELD&010crN iSiF1 N X O PPEA 7iTX 8TN Whereas the City signage for such street does state Oldfield Avenue Ct N and that residents have utilized this name for their correspondence and home locations since initial construction. NOW THEREFORE BE IT RESOLVED that the City Council for the City of Oak Park Heights does approve the official name change of such roadway to Oldfield Avenue.Ct.NORTH. Passed by the City Council of the City of Oak Park Heights this 12 day of April,2016. Mary McComber,Mayor Attest: Eric Johnson,City Administrator Page 32 of 100 Oak Park Heights Request for Council Action Meeting Date: TuesdLay Apn �l 12,2016 Agenda Item :HAC HVAC Service Agreement Time Req. 1 Minutes Agenda Placement: Consent Originating Department/Reques : Public Works Andy KeRICL Public Works Director Requester's Signature Action Requested: Authorize Skff to enter into service Agreement with NAC for HVAC maintenance Background/Justification(Please indicate any previous action has been taken or if other public bodies have been advised). Please see attached memo. Page 33 of 100 41 City of oak Park Heights 14168 Oak Park Blvd N.•Box 2007.Oak Park Heights,MN 55082•Phone(651)439-4439•Fax 439-0574 Memorandum TO: Eric Johnson,Administrator Cm Mayor and Council Frond Andrew Kegley, Public Works Director Dates 03/34/2016 Re: NAC Mechanical Contract The City has held a service contract with NAC Mechanical for preventative and restorative maintenance of the City Hall's complex HVAC system since 2010. As you may remember, there were many challenges with the new building's HVAC system when the contract first began.NAC provided the City with an experienced technician who quickly familiarized himself with the system and was able to flush out kinks and determine where failures were occurring. NAC has always provided immediate service to correct unforeseen problems,and is diligent to notify staff of issues that could lead to the equipment breaking down. Since taking corrective action to ensure the system runs optimally,the City has not experienced any major issues. NAC provides excellent customer service and is proposing to continue service into 2019. The attached proposal outlines the same service maintenance agreement with updated rates. The previous three year service agreement was accepted for a yearly rate of$5,794.NAC is proposing a new contract from 2016-2019 for$6,431.25 per year,a$637.25 or roughly a 3.6% increase since 2010. The proposal is essentially the same as the 2010, with an option of NAC providing RPZ valve inspections and rebuilds for the City's three(3)RPZ's(A State Mandate). I recommend the City accept the proposal from NAC for HVAC maintenance for 2016-2019 at a rate not to exceed$6,431.25 each year. Page 34 of 100 AA r% Mechanical & Electrical Services Mechanical Customer Support Agreement Customized For City of Oak Park Hei hts Tree City USA Term April 1, 2016 through March 31, 2019 Prepared By: Stephen Kotzmacher Account Manager 3/24/2016 Page 35 of 100 Introduction City of Oak Park Heights operations staff will be responsible for the day to day operations of the building automation and managing the HVAC system. The facility staff has been trained and is experienced in managing the different areas of HVAC and temperature controls. Because of this, they do not require a high level of support from vendors; but use Customer Support Agreements(CSA)to augment their current knowledge and protect their equipment investment and maximize utility efficiency use over the long term. Customer Support Agreement(CSA) Goals • Develop a maintenance relationship with City of Oak Park Heights to promote the use of automated operation and proactive maintenance of systems to maximize facility staff throughput and utility savings. • Support facility staff with pre-season performance testing and maintenance. • Extend the life of the owner's mechanical assets beyond industry standards and thus reducing downtime and repair cost and maximizing City of Oak Park Heights ROI. • Allow City of Oak Park Heights to focus on their core competencies to execute their mission. • Constant improvement through Continuous Commissioning. Always looking to improve the benchmark that has been set. Pri' Contents • NAC Custom Service Plan Features(based upon customer request/input) • Schedule of Services • Customer Support Agreement Pricing Summary/Signature Page • Terms and Conditions *Specific Cost Saving Fads • If you are overheating your space by just 3Deg, due to miscalibrated controls, this will cause an increase in your fuel consumption by over 16%when it is below 50Deg outside. • Temperature control systems out of calibration cause increased operational cost of 5-15% per year. This is based on servicing hot and cold calls throughout their shifts. • Setting back the temperature 10Deg in a building, unoccupied 12 hours per day and 41 hours per weekend, results in utility savings of approximately 24%. • Dirty air filters in air handling units Increase the total static pressure.5"and generates the need for 10% additional horse power. • One millimeter of scale will raise the energy consumption of a chiller 10%at full load. *Source(Tent'A. Thompson"Preventive Maintenance Save Energy Dollars"Engineered Systems) 2 Confidential&Proprietary Information Page 36 of 100 AW ti =V NAC Cusl:Dmer Suppoft Agjreement The following is a comprehensive list of the Support Services NAC offers to maximize the value of your investment in your Mechanical and your Building Control Systems. Following this list of Support Services is a detailed description of each offering and the value that it provides. 1. Mechanical, Electrical, and Plumbing Preventive Maintenance and Performance Testing Services • Mechanical Systems • Electrical Systems • Plumbing Systems • Discounted Materials&Labor Rates 2. Emergency Response Services(Standard or Premium) • On-Site Response 3. General Services; Included in All Support Agreements ■ Account Management • Documentation of All Services Provided • Quality Assurance Program • Discounted Material &Labor Rates 3 Confidential&Proprietary Information Page 37 of 100 NAC Customer Support Agreement Detailed Description 1. Mechanical, Electrical, and Plumbing Preventive Maintenance and Performance Testing Services Air Handling BggfjaR Maintenancgr Testing Air Handling systems are one of the single largest operating expenses that a company has. NAC will provide a complete operational performance test to include heating,cooling delta tees, bearings, and belts,verify safeties are working properly, and that set points are optimized for the highest level of utility savings. ® Included in this Support Agreement/1-York Furnace and 1-Carrier AHU ❑ Not included with this Support Agreement(Owners staff to maintain) ❑ Not Applicable ❑ Condenser ❑ Evaporator Coil Cleaning is included in this Support Agreement ® Belts (1)times per year® Filters are included in this Support Agreement(4)times per year Boiler System Maintenance and Performance Testing Boiler systems are one of the most critical and largest operating expenses that a company has. NAC will provide a complete operational performance test to include combustion flue analysis,verify safeties are working properly, and that set points are optimized for the highest level of utility savings. ® Included in this Support Agreement/ Electrco Boiler—Annual ❑ Not included with this Support Agreement(Owners staff to maintain) ❑ Not Applicable hiller Syggm Mainignance andPerformance Te 'n Chiller systems are also critical to a buildings operation and largely contribute to the operating expenses that a company has. NAC will provide a complete operational performance test to include refrigerant pressures,verify safeties, heat transfer test, and that set points are optimized for the highest level of utility savings. ❑ Included in this Support Agreement ❑ Not included with this Support Agreement(Owners staff to maintain) ® Not Applicable ❑ Condenser❑ Evaporator Coil /Tube Cleaning is included In this Support Agreement Misc. HVAC E uEument Maintenance and Performano Testing Complex and even simple buildings can have many different mechanical systems that need to be maintained to ensure that building is running at optimum performance. NAC will verify the operation and performance test each of the items listed below per manufactures recommendations. ® 6-Geo Furnace Beat Pumps ® 1-McQuay ERV ® 4-Carrier Mini Splits ® 4-Infrared Heaters ® 7-Modine Unit Heaters ® 3-Sterling Hot Water Heaters ® 7-Greenheck Exhaust Fans ® 12-B&G Circulation Pump 4 Confidential&Proprietary Information Page 38 of 100 PneUmatic SvsftmMaintenance Pertbrimance TAsting Pneumatic control systems are susceptible to oil and water that can migrate from the central air supply system. For this reason it becomes increasingly important to monitor the health and operation of these systems. If there is a failure it can cost the owner thousands of dollars to repair. NAC will monitor and maintain the Automatic Temperature Control (ATC) system so that failures are caught before they cause secondary damage. NAC will also calibrate and repair systems as outlined in"Attachment A". ❑ Included in this Support Agreement ® Not included with this Support Agreement(Owners staff to maintain) ❑ Not Applicable Water Treatment Maintenance and Performance Testing Maintaining your open and closed water systems is critical to the overall life expectancy and efficiency of the overall mechanical systems. NAC will administer water treatment services to insure that system is operating at peak capacity. This includes sampling,testing and recommending and supplying the proper water treatment for your system. ❑ Included in this Support Agreement❑ Heating System ❑ Cooling System ® Not included with this Support Agreement(Owners staff to maintain) ❑ Not Applicable Electrical m Maintenance andr n Testing The fact is power surges, spikes, transients and poor or even no preventive maintenance is causing damage on a regular basis. These events wear down components and eventually cause premature failure. The more power your facility uses, the greater the risk of failure. Electrical failures are inevitable without preventive maintenance. NAC will provide testing and maintenance as outlined in"Attachment A"to meet the customers' business needs. ❑ Included in this Support Agreement—Quarterly❑ Semi-Annual ❑ Annual ❑ ® Not included with this Support Agreement(Owners staff to maintain) ❑ Not Applicable Bill Verification Bill verification is out of the limelight but is an energy management core competency that you must not overlook. Utilizing NAC partner's custom-designed tariff rate models allows us to recreate your utility's bill structure and perform detailed billing verification of your natural gas and electric bills. A further degree of bill verification is provided when you incorporate our bill payment service. Utilizing the bill payment service allows quick, random sampling of billing history to identify potentially abnormal spikes in demand or price.A sampling that shows a recognizable spike compared to historic usage levels may then be treated with additional scrutiny. This higher degree of analysis can lead to several conclusions, including a faulty utility meter, a faulty billing statement, degraded facility equipment, or it may be determined to be a positive occurrence due to increased facility demand and output. ❑ Included in this Support Agreement—Monthly❑ Bill Pay❑ ® Not included with this Support Agreement(Owners staff to maintain) ❑ Not Applicable Plumbing Z System Maintenance and-PerformanceTesting The State of Minnesota requires that backflow,preventers(RPZ's) be tested and reported on annually and rebuilt every five(5)years. NAC will apply for the city permit, test,and report each RPZ so that your facility stays in compliance with state and local codes. Every five years it is required to rebuild each RPZ so this will be quoted as needed at preferred customer rates which are listed in this Customer Support Agreement. ® Included in this Support Agreement—Yearly Testing ® 5 Year Rebuild ❑ ❑ Not included with this Support Agreement(Owners staff to maintain) ❑ Not Applicable 5 Confidential&Proprietary Information Page 39 of 100 Snare Parts Allowance Mechanical ❑ Electrical ❑ Plumbing �I NAC will provide$_-,_(Dollars no/100) per year in spare parts at the preferred customer rate. NAC Mechanical &Electrical stocks Alerton, Honeywell,Johnson and Belimo parts that are available from our inventory in our St Paul, MN office. NAC will also provide and maintain stock for the mechanical,electrical and plumbing needs. ❑ Included in this Support Agreement ® Not included with this Support Agreement(Owners staff to maintain) ❑ Not Applicable ... Emergency Response Services On-site Emergencv Response Mechanical ® Electrical ® Plumbing If during our On-line Emergency response we are unable to resolve the situation we will dispatch a Service Professional to your facility. Non-emergency calls, as determined by your staff and NAC will be incorporated into the next scheduled service visit. ® Standard Emergency On-site Response Time—NAC will be on site by the end of the next business day; Monday through Friday; 8:00 AM to 5:0013M, excluding holidays ❑ Premium Emergency On-site Response Time—We will be on site within four(4) hours, 24 hours/day, 7 days/week, including holidays(after the completion of the internet or telephone response) (Assumes safe driving conditions) Emeraency Response Services Services listed above guarantees response time to an emergency situation only. The use of on-line and/or on- site emergency service is not included in the scope of this contract and will be billed at the applicable time & material rates. The labor and material rates for 2016 are listed below. Prices are subject to change based on overhead and annual labor rate increases. After-Hours Support Emergencies can and usually happen when you least expect it and many times on the weekends or after 5:00 PM. It is very important to NAC to provide support in all emergency situations for all of our customers. To address this concern NAC has a 24-7-365 emergency answering service. You can utilize this service in an after-hours emergency situation by calling 651-490-9868 or by emailing . After receiving the call or email we will first attempt to solve the issue on-line as described in the On-Anse EnxWency Response section of this proposal. If the problem persists we will discuss it with you and upon your approval dispatch a service technician to your site. 6 Confidential&Proprietary Information Page 40 of 100 ,.L PJ 3. General NAC Customer Support Agreement Features ® Account Manager-A dedicated Account Manager will be responsible for your total service satisfaction. Your Account Manager will provide the designated services, monitor equipment performance,track equipment service history, and consult with you to meet your objectives. ® Dedicated Service Team -Our Service Team knows controls and mechanical systems;they are trained on all aspects of maintaining and troubleshooting your systems interoperability to maximize uptime and energy efficiency. ® Documentation-All service visits will be documented by a work order detailing the service performed, materials used, and hours spent. ® System and Service Log - NAC will provide you with a log for documentation of concerns, system problems, and other related items requiring our attention. Each scheduled service visit shall begin with a review of the log. ® Price Advantage- Discounted Labor and Material -As a Customer Support Agreement customer; you will receive a discount off the normal labor and material prices. Following are the prices for 2016. Please note that prices are subject to change, Labor IRates: Standard Standard Preferred Preferred Rate Overtime Rate Rate Overtime Rate (Mon-Fri) (Mon-Fri) (Mon-Fri) (Mon-Fri (8 AM to 5 PM) (5 PM to 8 AM) (8 AM to 5 PM) (5 PM to 8 AM) Excludes Excludes Excludes Holidays Excludes Automation Holidays Holidays Holidays Services $143.00 $214.50 $135.00 $202.50 Critical Systems Services $143.00 $214.50 $135.00 $202.50 Industrial Combustion $143.00 $214.50 $143.00 $214.50 Services Mechanical Services $121.00 $181.50 $111.00 $166.50 Plumbing Services $121.00 $181.50 $111.00 $166.50 Sheet Metal Services $121.00 $181.50 $111.00 $166.50 Electrical Services $121.00 $181.50 $111.00 $166.50 Communication &Security $121.00 $181.50 $111.00 $166.50 Services Account Manager $0 $0 $0 $0 7 Confidential&Proprietary Information Page 41 of 100 Checked items are included as detailed under"Customer Support Agreement Detailed Description" Mechanical,Plumbing and Electrical Services Jan Feb !lar Aer Ya Jun Jul Up Ortl Nov Dec x IMechanical Maintenance/Performance Testi x x x x Electrical Maintenance/Performance Testing Plumbing Maintenance/Performance Testing Flex Hours Support To be used as directed by customers staff Customer Toni Emergency Response General Services :J Other Services Coverage Code Basic Full x Limited Troubleshooting and Diagnostics Mechanical System* x x Account Managlement Electrical System* x EnTrgency EmergencyResponse Services Plumbing System* x Material&Labor Discounts *Please refer to Attachment A"Equipment List"for complete equipment coverage details Customer Support Agreement Pricing Summary Billing Period In Advance: Quarterly Pricing for these features is based on a 5-year program with a start date of April 1, 2016. Year 1: $6,431.25 (Six Thousand Three Hundred Thirty One Dollars and 25/100) Year 2: $6,431.25 (Six Thousand Three Hundred Thirty One Dollars and 25/100) Year 3: $6,431.25 (Six Thousand Three Hundred Thirty One Dollars and 25/100) NAC believes that this proposal is in the best interests of the City of Oak Park Heights and is based on your input. Please feel free to contact me if you have any changes. If accepted, please sign,date below and return to NAC with purchase order or billing information. This proposal is valid for 30 days from the time that is it signed by an authorized NAC Mechanical &Electrical employee. Contract will renew year on year after the original term unless NAC Mechanical &Electrical Services receives writing notification to cancel this agreement 30 days prior to the end of the contract term. Accepted by: CITY OF OAK PARK HEIGHTS NAC MECHANICAL&ELECTRICAL SERVICES Signature: Signature: 9fift--4sti Name: Name: Stephen Kotzmacher Title: Title: Account Manager Date: Date: 3/24/2016 8 Confidential&Proprietary Information Page 42 of 100 HA -r* .ai� vow Attachment A FouipmentIncluded ve E uiomentl This agreement assumes that the equipment listed below is in good maintainable condition. If repairs are found to be necessary upon initial inspection or initial seasonal startup, repair charges will be submitted for approval by the client prior to the repairs being performed. Quantity Equipment Model Number Serial Number Manufacturer 9 Confidential&Proprietary Information Page 43 of 100 SOL TERMSAND CONDMONS , The following terms and conditions are attached to and form an integral part of NAC Mechanical & Electrical (referred to herein as"NACU Customer Support Agreement Proposal ("Proposal"). The portions of such Proposal relating to "Scope of Work" or any "Proposed Solution" (in either case, referred to herein as the "Proposed Solution"), together with these terms and conditions are collectively referred to as the "CSA Agreement'. Ar>5fde 1: Genera/ Ardde 4: Ai/tmzbbn of Rb* 1.1 a) The CSA Agreement, when accepted in writing by the 4.1 (a) Until one year from either the date hereof or the date the Customer and approved by an authorized representative of NAC Equipment is installed, whichever first occurs, all equipment manufactured shall constitute the entire, complete and exclusive agreement by NAC or bearing Its nameplate will be free from defects in material and between the parties relating to a technical support program workmanship arising from normal use and service. (b)Labor for all Services ("Services") for the equipment and software identified in the List of under this CSA Agreement is warranted for 90 days after the work is Equipment or the Service Coverage Report attached to the CSA performed. Agreement ("Equipment") and shall supersede and cancel all prior 4.2 The limited warranties set forth in Section 4.1 will be volt as to, and agreements and understandings, written or oral, relating to the shall not apply to,any Equipment(1)repaired,altered or improperly installed subject matter of the CSA Agreement The CSA Agreement and any by any person other than NAC or its authorized representative;(!i)subjected rights or obligations thereunder may not be assigned by either party to unreasonable or improper use or storage, used beyond rated conditions, without the advance written consent of the other. operated other than per NACs or the manufacturer's instructions, or (b) The terms and conditions of this CSA Agreement shall not be otherwise subjected to improper maintenance, negligence or accident; (iii) modified or rescinded except in writing,signed by a corporate officer damaged because of any use of the Equipment after Customer has, or of NAC. NACs performance under this CSA Agreement is expressly should have, knowledge of any defect in the Equipment; or (iv) not conditioned on Customer's assenting to all of the terms of this CSA manufactured, fabricated and assembled by NAC or not bearing NACs Agreement, notwithstanding any different or additional terms nameplate. contained in any writing at any time submitted or to be submitted to 4.3 NAC will indemnify Customer from and against losses, claims,expenses NAC by Customer relating to this subject matter. and damages (including reasonable attorneys fees) for personal injury or c)The terms and conditions set forth herein shall supersede,govem physical damage to property, but not loss of use of the property resulting and control any conflicting terms of the Proposed Solution or the from such damage or from damage to any work performed hereunder. Proposal. Such indemnification shall be solely to the extent caused by or arising 1.2 This CSA Agreement shall automatically renew for successive directly from NACs or its employees',consultants'or agents' negligent acts one (1) year periods beginning on the anniversary date of the or omissions or willful misconduct in connection with its performance of original term as set forth in the Proposal, unless stated otherwise in Services hereunder. NACs obligations under this indemnity provision shall the CSA Agreement. not extend to claims,losses,expenses and damages arising out of or in any 1.3 Either party may terminate or amend this CSA Agreement by way attributable to the negligence of Customer or its agents,consultants or giving the other party at least thirty(30)days prior written notice of employees other than NAC. such amendments or intent not to renew. Arft*S CL stamerRespwx1OWW 1.4 This CSA Agreement shall be governed by and enforced in 5.1 Customer will operate and maintain all Equipment in accordance with accordance with the laws of the State of Minnesota. applicable manufacturer's specifications, including those set forth in the 1.5 Customer will at all times designate a contact person with manufacturer's operating manuals or instructions, as well as all authority to make decisions for Customer regarding the Services. requirements of applicable law or of authorities having jurisdiction. Customer will provide NAC with information sufficient to contact 5.2 Customer will promptly notify NAC of any unusual operating conditions, such person in an emergency. If such representative cannot be system malfunctions or building changes that may affect the Equipment or reached, any request far Service received from a person located at any Services. Customer's premises will be deemed authorized by Customer, and NAC 5.3 Customer will provide NAC with reasonable means of access to the will,in its discretion,act accordingly. Equipment and shall make any necessary provisions to reach the Equipment 1.6 NAC will be permitted to control and/or operate all Equipment and peripheral devices. Customer will be solely responsible for any removal, wry to perform the Services. replacement or refinishing of the building structure or finishes that may be Ar6ck 2: Equipment Tom,Inspechivn andMabitrenanm required to gain access to such Equipment. 2.1 The Customer represents that all Equipment is in satisfactory Armee d% lJmftfmM ofMainMiUncre arSe►viae ObligwO ns working condition. By the latter of the first thirty(30)days of this 6.1 NAC will not be responsible for the maintenance, repair or replacement CSA Agreement or the first scheduled inspection, NAC will have of, or Services necessitated by reason of: (a) non-maintainable, non- inspected all the Equipment. replaceable,or obsolete parts of the Equipment, including but not limited to 2.2 If the Proposed Solution provides for maintenance, any repairs ductwork, shell and tubes, heat exchangers, coils, unit cabinets, casings, and replacements of Equipment are limited to restoring the proper refractory material,electrical wiring, water and pneumatic piping, structural working condition of such Equipment. NAC will not be obligated to supports, cooling tower fill, slats and basins, etc. unless otherwise provide replacement Equipment that represents significant capital specifically stated herein; or (b) negligence, abuse, misuse, imroper or improvement compared to the original. Exchanged components inadequate repairs or modifications, improper operation, lack ofpoperator become the property of NAC. maintenance or skill, failure to comply with manufacturer's operating and Arbcfe3. OUrg e4 Fees andlnvoRw environmental requirements, Acts of God, or other reasons beyond its 3.1 Payments to be made under this CSA Agreement will provide nl. NAC assumes no responsibility for any service performed on any Equipment other than by NAC or its agents. for, and be in consideration of, only Services specifically included 6.2 NAC shall not be responsible for loss, delay, injury or damage that may under the Proposed Solution. All other Services, including but not be caused by circumstances beyond its control, including but not restricted limited to the following,shall be separately billed or surcharged on a to acts or omissions by Customer or its employees or agents, Acts of God, time and materials basis: (a) emergency Services performed at war,civil commotion,acts of govemment,fire,theft,corrosion,flood,water Customer's request, if inspection does not reveal any deficiency dames, lightning, freeze-ups, strikes, lockouts, differences with workmen, covered by this CSA Agreement; (b) Services performed other than riots,explosions,fuel,labor or materials. during NACs normal working hours; and (c) Service performed on equipment not covered by this CSA Agreement. 6.3 NAC is not responsible for repairs, replacements or services to 3.2 Invoices are due net 30 days or otherwise may be set forth Equipment due to corrosion, erosion, improper or inadequate water treatment by others, electrolytic action, chemical action or other reasons therein. If any payment is not received net 30, NAC may deem beyond its reasonable control. Customer to be in breach hereof and may enforce any remedies 6.4 NAC shall not be responsible for the removal or reinstallation of available to it hereunder or at law, including without limitation po suspension or termination of Services and acceleration of payments. replacement valves, dampers, water flow and tamper switches required from pipes and duct work including any venting or draining systems. Page 44 of 100 0, Oak Park Heights Request for Council Action Meeting Date April 12th,2016 Time Required: 1 Minute Ageuda It=Titic' —Cmidu Agmlms Washington County_ Agenda Placement Consent Agen4 4e Originating DepartmentlR t ohnson. Administrator Requester's Signature Action Requested _r e the Paris Ave Reconstruction A eements with Was ' vn Coup - Subject to An nal Amendments by the City Attorne . Background/Justification(Please indicate if any previous action has been taken or if other public bodies have advised): Enclosed are three agreements necessary for the Paris Ave project: I. County Construction Agreement—This agreement binds the City to fund$35,271.09 for"City"costs associated with the Project.$27,270 of which are for the sidewalk construction-based on County Cost Sharing Policies.In addition,the City is being asked to assume maintenance and ownership of the basin at the intersection of 621 Street and Paris Ave and its directly linked storm piping as the majority of the water to this basin is derived from the City streets.If the Council does not desire to see the sidewalk installed that should be discussed as the GV is rewired to provide proactive communication to the County for that element to proceed Funding for these elements would be the City Park and Trail Dedication funds and relevant utility funds, 2. County Maintenance Agreement—This agreement binds the City to continue to maintain the City's systems as well as the above mentioned basin at 62IIa Street and Paris Ave.The City would be obligated to perform Minor maintenance of the to be constructed sidewalks and ramps but such maintenance shall be only as required by City or races,policies or Council directives.In short,if the Council direr the City to plow such sidewalk the City may do so,but it is NOT required to do by this Agreement.The County will be responsible for major repairs and replacements of the sidewalk. 3. City Utility Cost Connection Agreement-City policy requires a capital and operational contribution from public entities that desire to remit storm water to the City's systems.The enclosed agreement summarizes that the County must contribute$12,220 to the City for its relevant share of capital costs incurred by the City to provide such infirastructure;And to agree to any relevant cost sharing in the future for replacements —all of which are based on contributing flow. Page 45 of 100 WASHINGTON COUNTY CONTRACT NO. 10092 COOPERATIVE AGREEMENT BETWEEN THE CITY OF DEFT. PUBLIC WORKS OAK PARK HEIGHTS AND WASHINGTON COUNTY FOR DIM10N TRANSPORTATION CONSTRUCTION COST OF COUNTY STATE AID HIGHWAY TERM (CSAH) 23 THIS AGREEMENT, by and between the City of Oak Park Heights, a municipal corporation, herein after referred to as the "City", and Washington County, a political subdivision of the State of Minnesota hereinafter referred to as the "County." ' WITNESSETH. WHEREAS, the County intends to construct County State Aid Highway (CSAH) 23 from Upper 61 at Street to 65h St in the City of Oak Park Heights; and WHEREAS, items included in the construction contract require City cost participation in accordance with the Washington County Cost Participation Policy#8001 for Cooperative Highway Improvement Projects; and WHEREAS, the City desires to use local funds for these Improvements; and WHEREAS, a cooperative effort between the City and County is the appropriate method to facilitate the construction of these transportation improvements; and WHEREAS, this Agreement is made pursuant to statutory authority contained in Minnesota Statute 162.17 sub.1 and Minnesota Statute 471.59. NOW THEREFORE, IT 1S HEREBY MUTUALLY AGREED AS FOLLOWS: A. PURPOSE The purpose of this agreement is set forth in the above whereas clauses which are all incorporated by reference as if fully set forth herein and shall consist of this agreement, Exhibit A (Location Map) and Exhibit B (Engineer's Estimate and Cost Splits). B. PLANS AND SPECIFICATION PREPARATION 1. The County shall be responsible for the preparation of all the plans and specifications for the project, including but not limited to, compliance with all applicable standards and policies and obtaining all approvals required in formulating the bid specifications for all County and City components of this Project. 2. The following County project numbers have been assigned to the project: SAP 82-623-009 (CSAH 23). C. RIGHT OF WAY AND EASEMENTS 1. The County shall acquire all permanent rights-of-way, permanent easements, and temporary slope easements and shall be responsible for all land related costs. All permanent rights-of- way, permanent easements, and temporary easements will be acquired in the name of the County. 2. Any rights-of-way, permanent easements, and temporary slope easements that cannot be obtained through negotiation will be acquired by the County through eminent domain proceedings. 3. If the County has any jurisdiction over the area required to maintain Infiltration Basic* B, the County relinquishes it to the City. Page 1 of 4 Page 46 of 100 The County shall be required to pay$12,220.09 in the form of a credit to the construction cost billing. D. ADVERTISEMENT AND AWARD OF CONTRACT 1. After plans and specifications have been approved by the County, all permits and approvals obtained, and acquisition of necessary rights-of-way and easements, the County shall advertise for construction bids and at the sole discretion of the County award the contract to the lowest responsible bidder subject only to the final consent of the City for costs relating to any elements for which the City is requested to pay. If the City does not provide a letter of approval of the bid for City elements within two weeks of bid opening, this Cooperative Agreement#10092 shall be immediately terminated. E. CONSTRUCTION ADMINISTRATION, OBSERVATION, AND TESTING The County shall be responsible for the construction administration, inspection, and for the observation and testing for all construction items. F. COST PARTICIPATION ITEMS AND ESTIMATED COSTS 1. The County has prepared a projection for the project's construction cost and a cost participation summary hereto attached as Exhibit B. The construction cost projection is an estimate of the engineer and is in accordance with the Washington County Cost Participation Policy#8001 for Cooperative Highway Improvement Projects, which is incorporated into this agreement by reference. 2. The total project cost for construction is estimated to be $1,414,689.38 as indicated in Exhibit B. The City will pay to the County its share of the actual total cost as projected and shown in Exhibit B and summarized in Table 1 of this agreement. After the County has awarded the construction contract, Exhibit B will be updated to reflect the actual contractor's unit prices. Table 1 CITY OF OAK PARK HEIGHTS Cost Summary Based on EXHIBIT B ITEM COST L 0% CONSTRUCTION OF CSAH 23 SIDEWALK(WITHIN CITY LIMITS) $27,270.00 001/.ADJUSTMENT TO CITY OWNED UTILITIES & STORM SEWER $4760.005% PRO-RATA ITEMS (MOBILIZATION &TRAFFIC CONTROL_ $3241.17 ESTIMATED CONSTRUCTION COST $35,271.17 CREDIT FOR ARE D� SIOi;M $EW48 TOTAL ESTIMATED COST -71 $23,057.08 City is crouidinn r:airuiatirns on contributing flow for County to verify 3. Actual construction costs shall be determined at the conclusion of the project and will be based on the contractor's unit prices and the quantities constructed. G. PAYMENT 1. After the County has awarded the construction contract, Exhibit B will be updated to reflect the actual contractor's unit prices and will submit a copy of the revised summary to the City. The standard upfront City cost in the amount of 10% of the bid shall be waived for this Cooperative Agreement because the County will credit the City on the initial invoice(s)for the Storm Sewer Page 2 of 4 Page 47 of 100 charge. Upon substantial completion of the work the County shall prepare a final cost participation summary which will be based upon the contract unit prices and the actual units of work performed and shall submit a copy of this summary and final invoice to the City. The City shall pay 100 percent of a final invoice amount within 30 days of receipt. H. CONTRACT CHANGES 1. Any modifications or additions to the final approved plans and/or specifications of the City,s portion of the project shall be made part of the construction contract through a written amendment to the construction contract, but only after written concurrence by the City, and the cost for such changes shall be appropriated as set forth in Section F of this Agreement. 2. Any utility or facility which is subsequently modified or added to the final approved plans and/or specifications shall become part of the construction contract and shall be paid for in accordance with the County Cost Participation Policy as summarized in Section F of this Agreement. I. LIQUIDATED DAMAGES Any liquidated damage assessed the contractor in connection with the work performed on the project shall be shared by the City and the County in the following proportion: The respective total share of construction work to the total construction cost without any deduction for liquidated damages. J. CONDITIONS The City shall not assess or otherwise recover any portion of its cost for this project through levy on County-owned property. K. CIVIL RIGHTS AND NON-DISCRIMINATION The provisions of Minn. Stat. 181.59 and of any applicable ordinance relating to civil rights and discrimination shall be considered part of this Agreement as if fully set further herein, and shall be part of any Agreement entered into by the parties with any contractor subcontractor, or material suppliers. L. WORKERS COMPENSATION It is hereby understood and agreed that any and all employees of the City and all other persons employed by the City in the performance of construction and/or construction engineering work or services required or provided for under this agreement shall not be considered employees of the County and that any and all claims that may or might arise under the Worker's Compensation Act of the State of Minnesota on behalf of said employees while so engaged and any and all claims made by any third parties as a consequence of any act or omission on the part of said City employees while so engaged on any of the construction and/or construction engineering work or services to be rendered herein shall in no way be the obligation or responsibility of the County. It is hereby understood and agreed that any and all employees of the County and all other persons employed by the County in the performance of construction and/or construction engineering work or services required or provided for under this agreement shall not be considered employees of the City and that any and all claims that may or might arise under the Worker's Compensation Act of the State of Minnesota on behalf of said employees while so engaged and any and all claims made by any third parties as a consequence of any act or omission on the part of said County employees while so engaged on any of the construction and/or construction engineering work or services to be rendered herein shall in no way be the obligation or responsibility of the City. Page 304 Page 48 of 100 M. INDEMNIFICATION 1. The City agrees that it will defend, indemnify and hold harmless the County against any and all liability, loss, damages, costs and expenses which the County may hereafter sustain, incur or be required to pay by reason of any negligent act by the City, its agents, officers or employees during the performance of this agreement. 2. The County agrees that it will defend, indemnify and hold harmless the City against any and all liability, loss, damages, costs and expenses which the City may hereafter sustain, incur or be required to pay by reason of any negligent act by the County, its agents, officers or employees during the performance of this agreement. 3. To the fullest extent permitted by law, actions by the parties to this Agreement are intended to be and shall be construed as a "cooperative activity" and it is the intent of the parties that they shall be deemed a "single governmental unit"for the purposes of liability, as set forth in Minnesota Statutes, Section 471.59, subd. 1 a(b). The parties to this Agreement are not liable for the acts or omissions of another party to this Agreement except to the extent they have agreed in writing to be responsible for the acts or omissions of the other parties as provided for in Section 471.59, subd. 1 a. 4. Each party's liability shall be governed by the provisions of Minnesota Statutes, Chapter 466 and other applicable law. The parties agree that liability under this Agreement is controlled by Minnesota Statute 471.59, subdivision 1 a and that the total liability for the parties shall not exceed the limits on governmental liability for a single unit of government as specified in 466.04, subdivision 1(a). O. DATA PRIVACY All data collected, created, received, maintained, or disseminated, or used for any purposes in the course of this Agreement is govemej by the Minnesota Government Data Practices Act, Minnesota Statutes 1984, Section 13.01, et seq, or any other applicable state statutes and state rules adopted to implement the Act, as well as state statutes and federal regulations on data privacy. IN TESTIMONY WHEREOF the parties have duly executed this agreement by their duly authorized officers. WASHINGTON COUNTY CITY OF OAK PARK HEIGHTS Chair Date Mayor Date Board of Commissioners Molly O'Rourke Date City Administrator Date County Administrator Approved as to form: Approved as to foram: Assistant County Attorney Date City Attorney Date 8:122305 CSAH 23 Phase wgreements0raft County Co-op agreement 3-91-16_docx Page 4 of 4 Page 49 of 100 �- J�xhibit A FOREST 99i 1_AKE SCAND T ; ��• _-��� � � i"'-::.-..+yam M.. �M19ART;CF� 65 UN ST r � : 1 HCIGO Ay ;I .�. TO NSHI - ? ,f -, ,: 59 6! 9r .I:5 Wyk 21 Imo: 51 =u1us t TOLS :SHPR �+ CSAR 23(Beach Rd/Paris Ave N)-Oak Park Heights L, 'RANT From Upper 61st Street to Orleans Street East ese sr�w FuAa3rF sr H m � e RS L TER .-._. 65TH$TN f 88 5 STH �.;-�•r-+..-(. 7�' ; �THSTN z o �` 4 #_ hg y f 63RI1�T Pd p A i'. - i.tills.ea!� A 6IIJD37N I, �OAKI?,ALT. r RA OWN o ��i _ o �lt STOW SHIP 6 LTc r 4-r— •4 EI.Ma w..,..,,`. WEST I. KELA 1 x TOW SHIP F. ;S-TArE HM16H12 Ar ssK PARK ! " nr TS m / r 59TH STN ' W DBUR 'ANON R I� t• c�PAU , V PARK h. -r COTTAO DENMA f Road Classification 61 TOWN SH TO SSP l eUROVL•. INTERSTATE HIGHMY.......................... Q US.TRUNK HIGHWAY.......................... d k ••. f ATE ST TRUNK Hf U GHYWIY........_-............. >y COUNTY STATEAIDHIGHWAY............... V COUNTYROAD. ................ ' H�,ur II ....................... W OScale 1:250,00© TNriniP kPN ntralda arMYEPn '�`' 81 .. �_ :: ■M lPaurhlonmMYreemrka my _`-t'".. V r� ■PP�rrlv+rbwNkuii9bnmuq mn�. ...• 10 G 711Y�P�MUH�wd laleluur� Milesparbl.,orr,Y Mmrnel•s. W9tm Management & Safety jTprovement,pjoject 5E�5cod* CSAH 23 - Oak Park Heights NNOW 0011hNYh 101 OWN ciiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiIIN M 11 111111111 III POP III III IIIIIIIIII �IYI Ylllf� MNYI INI Bill looloollillo 10111 ohm lollnNNy� y�� IIIIIIII,iiY1130C lin�iei RUE ME ME WIII NOW ciiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiii 111111011111111111111111111111111111�111111 1101111111 �f' 11111111111 11PIPPOM I 111 INN�YWM INYIV�f��� 111111 fill1111111111 llliploill 1111111111111 IRWIN 1011 oil �u� wnuwuw�u� �w��iu :::I::: MIN :11 11: E: 0: ME 2 1 � OEM MUMMER � 6�H hWU6fl� qZEl'�YI� �� WASHINGTON COUNTY CONTRACT NO. 10108 COOPERATIVE AGREEMENT BETWEEN THE CITY OF DEPT PUBLIC WORKS OAK PARK HEIGHTS AND WASHINGTON COUNTY DIVISION TRANSPORTATION FOR MAINTENANCE OF TERM Sgn Te-pemewal COUNTY STATE AID HIGHWAY(CSAH) 23 THIS AGREEMENT, by and between the City of Oak Park Heights, a municipal corporation, herein after referred to as the "City", and Washington County, a political subdivision of the State of Minnesota, hereinafter referred to as the"County". WITNESSETH: WHEREAS, the County desires to design, construct and maintain CSAH 23 from Upper 61 o St to Orleans St, herein after referred to as the Project"; and WHEREAS, the City and the County have entered into a separate agreement for the construction cost sharing of CSAH 23 and all items constructed with this project; and WHEREAS, a cooperative effort between the City and County is the appropriate method to facilitate the maintenance of items constructed as part of the Project; and WHEREAS, this Agreement is made pursuant to statutory authority contained in Minnesota Statute 162.17 sub.1 and Minnesota Statute 471.59. NOW THEREFORE, IT IS HEREBY MUTUALLY AGREED AS FOLLOWS: I. PURPOSE The purpose of this agreement is set forth in the above whereas clauses which are all incorporated by reference as if fully set forth herein and shall consist of this agreement, Exhibit A (Location Map), Exhibit B (General Layout Sheet) and Exhibits C1, C2, C3, C4 and C5 (CSAH 23 Drainage Plan and Profile Sheets) and Exhibits D1, D2, D3, D4, D5 and D6 (City Storm Sewer Conveyance Sheets). II. MAINTENANCEIOWNERSHIP A. Upon completion of the Project, the City shall own and maintain the following under this project: 1. Pavement: Pavement on its City right-of-way; existing or constructed under this project. 2. Curb and gutter: Curb and gutter on its City right-of-way; existing or constructed under this project. 3. Signing:All permanent roadway signing on City roads. 4. Crosswalk and pavement markings: Crosswalk and pavement markings applied on city streets and intersection approaches. 5. Storm sewer: Storm sewer trunk line, lateral lines and catch basins, as illustrated in Exhibits C1, C2, C3, C4 and C5. Maintenance shall include applicable tasks, as required by the City Engineer. 6. Infiltration basins: Infiltration Basin B located on the north side of 62"d Street between Paris Avenue and CSAH 23 (see Exhibit B). Maintenance shall include applicable tasks, as required by the City Engineer. 7. Municipal Utilities: Existing, constructed or rs-constructed sanitary sewer and water mains. Page 9 of 4 Page 53 of 100 B. Upon completion of the project, the following applies to the City: 1. Corridor boulevards: The City, at their expense, may, but are not required to, perform corridor boulevard mowing. 2. Sidewalk and pedestrian ramps: The City shall perform minor maintenance of the sidewalk and pedestrian ramps along the east side of CSAR 23 from Upper 61 at Street to the southeast corner of Orleans Street and the pedestrian ramp at the southwest comer of Upper 631d Street and CSAH 23. Minor maintenance includes those elements consistent with the City ordinances, policies or council directives. C. Upon completion of this project the County shall own and maintain the following under this project: 1. Pavement: The County shall own and maintain all pavement systems on its County right-of-way existing or constructed under this project. 2. Curb and gutter. The County shall own and maintain all curb and gutter on its County right-of-way existing or constructed under this project. 3. Sidewalk and pedestrian ramps: The County shall own and perform major maintenance of the sidewalk and pedestrian ramps along the east side of CSAH 23 from Upper 61"Street to 65th Street(Orleans Street/CSAH 23) and the pedestrian ramps at the southwest corner of Upper 63rd Street and CSAH 23. Major maintenance shall include repair and/or replacement of sidewalk panels and pedestrian ramps as deemed necessary by the County Engineer. The County shall not perform minor maintenance, including, but not limited to snow removal. 4. With respect to the construed corridor boulevard, the County will mow the corridor boulevards a maximum of twice per year. 5. Signing:All permanent roadway signing on County roads will be controlled by the County. 6. Crosswalk and pavement markings:All markings on county roads. 7. Storm sewer. The County shall own and maintain the storm sewer trunk line, lateral lines and catch basin on its County right-of-way constructed under this project, as illustrated in Exhibits C1, C2, C3, C4 and C5. B. The County shall errter into a cost share agreement for storm water connections into City systems as identified in Exhibits D1, D2, D3, D4, D5 and D6. 9. The County shall enter into a separate maintenance agreement with the City for storm water connections into City systems as identified in Exhibits D1, D2, D3, D4, D5 and D6. 10. Storm water ponds and infiltration basins: The County shall own and maintain the storm water Wet Pond and Infiltration Basin A located south of Upper 61st Street between Paul Avenue and CSAH 23 (see Exhibit B). Maintenance shall include applicable tasks, as required by the County Engineer. D. All maintenance required to be performed by this agreement by the Parties shall be performed in a manner which shall be at the sole discretion of the party so obligated. E. The City and County will follow work zone traffic control procedures required in the Minnesota Manual of Uniform Traffic Control Devices for all maintenance activities. F. The County and City will notify each other at least 24 hours in advance of any maintenance activities requiring a lane closure for work within the other party's right- of-way. G. The County will control all parking and other regulations on County roads, subject to any previous Agreements between the City and the County, Page 2 of 4 Page 54 of 100 H. The City will control all parking and other regulations on City roads, subject to any previous Agreements between the City and the County. III. CIVIL RIGHTS AND NON-DISCRIMINATION The provisions of Minn. Stat. 181.59 and of any applicable ordinance relating to civil rights and discrimination shall be considered part of this Agreement as if fully set further herein, and shall be part of any Agreement entered into by the parties with any contractor subcontractor, or material suppliers. IV. WORKERS COMPENSATION It is hereby understood and agreed that any and all employees of the County and all other persons employed by the County in the performance of construction and/or construction engineering work or services required or provided for under this agreement shall not be considered employees of the City and that any and all claims that may or might arise under the Worker's Compensation Act of the State of Minnesota on behalf of said employees while so engaged and any and all claims made by any third parties as a consequence of any act or omission on the part of said County employees while so engaged on any of the construction and/or construction engineering work or services to be rendered herein shall in no way be the obligation or responsibility of the City. It is hereby understood and agreed that any and all employees of the City and all other persons employed by the City in the performance of construction and/or construction engineering work or services required or provided for under this agreement shall not be considered employees of the County and that any and all claims that may or might arise under the Worker's Compensation Act of the State of Minnesota on behalf of said employees while so engaged and any and all claims made by any third parties as a consequence of any act or omission on the part of said City employees while so engaged on any of the construction and/or construction engineering work or services to be rendered herein shall in no way be the obligation or responsibility of the County. V. INDEMNIFICATION A. The City agrees that it will defend, indemnify and hold harmless the County against any and all liability, loss, damages, costs and expenses which the County may hereafter sustain, incur or be required to pay by reason of any negligent act by the City, its agents, officers or employees during the performance of this agreement. B. The County agrees that it will defend, indemnify and hold harmless the City against any and all liability, loss, damages, costs and expenses which the City may hereafter sustain, incur or be required to pay by reason of any negligent act by the County, its agents, officers or employees during the performance of this agreement. C. To the fullest extent permitted by law, actions by the parties to this Agreement are intended to be and shall be construed as a "cooperative activity" and it is the intent of the parties that they shall be deemed a "single governmental unit"for the purposes of liability, as set forth in Minnesota Statutes, Section 471.59, subd. la(b). The parties to this Agreement are not liable for the acts or omissions of another party to this Agreement except to the extent they have agreed in writing to be responsible for the acts or omissions of the other parties as provided for in Section 471.59, subd. 1a. Page 3 of 4 Page 55 of 100 D. Each party's liability shall be governed by the provisions of Minnesota Statutes, Chapter 466 and other applicable law. The parties agree that liability under this Agreement is controlled by Minnesota Statute 471.59, subdivision 1 a and that the total liability for the parties shall not exceed the limits on governmental liability for a single unit of government as specified in 466.04, subdivision 1(a). VI. DATA PRIVACY All data collected, created, received, maintained, or disseminated, or used for any purposes in the course of this Agreement is governed by the Minnesota Government Data Practices Act, Minnesota Statutes 1984, Section 13.01, et seq. or any other applicable state statutes and state rules adopted to implement the Act, as well as state statutes and federal regulations on data privacy. VII. CONDITIONS The City shall not assess or otherwise recover any portion of its cost for this project through levy on County-owned property. The County shall not assess or otherwise recover any portion of its cost for this project through levy on City-owned property. IN TESTIMONY WHEREOF the parties have duly executed this agreement by their duly authorized officers. WASHINGTON COUNTY CITY OF OAK PARK HEIGHTS Chair Date Mayor Date Board of Commissioners Molly O'Rourke Date City Administrator Date County Administrator Approved as to form: Approved as to form: Assistant County Attorney Date City Attorney Date Page 4 of 4 Page 56 of 100 Exhibit A r _ y y 9 ' FOREST so LAKE so SCAND o- Ie 57 n, r. . �1P RtRAin ,I au sT 1 fIUGO � T i 0 NSH1poll s1 ' ri LL 11� `� , TIJ i. ;ITER CSAH 23(Beach Rd/Paris Ave ro��' Hip N)-Oak Park He � ;RANT From Upper 61st Street to Orleans Street East _ �.: Sr MaasH sT E m� 6M STN e �S 1. TER Z FTI yORLEANS STS 2 - x: 64TNSrN z o BA OwN : -62ND ST 62 } � f�M,o Tow_$IIID a WEST I. 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It I i X71 9021U -ON 0NIMY80 33S I i J '$'3 912 -H'I T H 00-00+59b 'VIS 3NIlHO.LVM r - Page�of 100 �"�M, Till .� - � as:3a� LL— i'- i - W 39 } :- _` t � ' o: ZA F. r { # Imqs F _i 1 • 4 - _� 'iia Page 69 of 100 MAINTENANCE OF COUNTY STATE AID HIGHWAY(CSAH)23 City Utility Connection Cost Sharing Agreement THE PURPOSE OF THIS AGREEMENT IS TO ENSURE AND DOCUMENT THE APPROVED CONNECTIONS TO THE CITY'S UTILITY SYSTEM BY AN OUTSIDE PUBLIC f PRIVATE AGENCY.THIS AGREEMENT IS REQUIRED AS OUTLINED IN THE CITY POLICY FOR COST PARTICIPATION POLICY ON CONTRIBUTING FLOWS TO CITY SANITARY SEWER AND STORM WATER SYSTEMS.PRIOR TO ANY CONNECTIONS MADE TO THE CRY'S SYSTEMS,A FINAL COST SHARING AGREEMENT,INCORPORATING THE ABOVE CAPITAL AND MAINTENANCE COST RESPONSIBILITIES SHALL BE FULLY EXECUTED BETWEEN THE CITY AND THE CONTRIBUTING PARTY AS APPROVED BY THE CITY ENGINEER AND CITY ATTORNEY. Summary of Project: Washington County has proposed to make four storm water interconnections to the City's Storm Water Systems as shown in Exhibit A.This project is pari of the CSAH 23(Paris Ave)Reconstruction Project. These connections have been reviewed by the City Engineer as shown in Exhibit B. Commitments: In exchange for the permission to interconnect to the City's storm water systems,the County shall: 1. Be additionally responsible continuing major maintenance costs,including repairs and replacements for any utilized infrastructure, downstream maintenance or any directly related cost.Such costs shall be based on contributing flow as calculated by the City Engineer.These costs do not include regular or annual minor maintenance casts.These fees are to be calculated at such point when major maintenance is reasonably antidpaW6 2. Be additionally responsible for City incurred capital costs and which shall be shall be equivalent to the percentage of contributing flow for utilized infrastructure plus an additional 25 percent for any directly related engineering,legal and administrative costs.If actual costs for engineering and legal costs are available,the amounts shall be similarly prorated.Administrative costs shalt always be one percent or$500 whichever is higher. Capital Fees for this Project are calculated as follows and shall be paid by the County Northern Interconnections $12,220.09 (Storm Water Connections at Upper 631d,64r+and 6P Streets) (Fees are credited on Construction Agreement) Southern Interconnection: $0.00 (Storm Water Connections Located south of Paris Ave.) Contributing Flows: i. Existing Upper 63111 Street system from County tie-in to outlet,as identified on Exhibits D1 and D2.,6.74% ii, Existing B$s'Street systern from County fie-in to aortal,as identified on Exhibits R3 and D4:5.55% iii. Existing 65th Street system from County tie-in to 64th Street system:4.14% (Need exhibit) iv. Existing storm sewer system under Highway 36 as identiW on Exhibits D5 and 136: 0.78% 3. Provide to the City final'as-built'drawings and record plans;in the format required by the City Engineer(electronic or otherwise)for all systems that connect directly or indirectly to the City s Infrastructure. 4. Ensure contributing flow may not exceed more than 5%of initially calculated flow—based on volume(s)and/or at greater rate than as calculated by the City Engineer. 5. Make no other connections unless approved by a separate agreement. Approved and Accepted: Washington County City of Oak Park Heights Page 1 of 5 Page 70 of 100 City Attorney City Engineer Exhibit A-City wKy Connection Cost Sharing Agreement Proposed Interconnections with City Storm Water Systems IjInterconrmt to Uty System-Storm ��fr=Systems elua END SO.P. 007-W3-009 STA- 27+Z1.04 —J, --—--- MEND WT—U— 2i2! Inlismonnedto 5VWm-Rw WaW IFOM COlMly Sy3b� CoLinly FacMe5 In Bkw XWILTRATHR F C.5.A.H. 23 M ME 7777MM-9LE �g 2i LEGEND wo 0M.IM -X—TM—V M.." .1k M> l 1PO 41� —---—----- 1111 MOM w9s =Mftw a FM 41101 1A.IM Wr CM" 17. -------- Mi-R41LEl 99—1 n'm Tti�e 7 of 100 ur.&"M� M'AAS. rax sR MOV fl STM 0 WE SKET?2 FOR IWILMUM UM MA Ne Exhibit B-City Utility Connection Cost Sharing Agreement City Engineer's Review—CSAH 23—Storm Water Interconnections—1111111§&3124116 S ta nteC 2335 Highway 36 Merit,St.PCW FAN March 24,21010 File:193801828 Attention: Mr.Eric Johnson City of Oak Park Heights 1 168 Oak Park Boulevard Oak Park Heights,M-7 55o8a Reference; Washington Connty CSAH 23(Paris,Beach)—Final Flan and Drainage Rexmesr Dear Eric, We have completed a review of the final plan and drainage design for the CSAH 23 roast improvement project. Following are our comments and recommendations. is The previous comments regarding the drainage report have been satisfactorily addressed. Upon further review,there is a clarification to the percentage of County runoff from the project that empties into the ponds/basins at the south end of Beach Road north of the bridge,ultimateb• discharging from the pond westerly in a ditch to the City's storm sewer system(discharge point S4). The volume of the new,runoffto the Cit;-'s system is 0.222 acre-feet,or 1.6%of the total volume discharging tc the CitV5 dared end section at discharge point#4. However,that volume(6.223. acre-feet)in relation to the total volume in the system downstream of that discharge point,is 0.40°x. 3) All other comments from previous communications have been addressed. Please let me knots if there are any further questions. Regards. STANI'EC CONSLiLYING SERVICES DX. lee M.Mann,P.E. Cit-Engineer Flume:(651)6o4-485o lee.e> @staatec.mm Attachments c- file randy Kegley Imcaa Buller.s anter I Page 3 of 5 Page 72 of 100 Stantec 2335 119tway Z-6 West.:;i F.014AN November 11,2i-.'. File. 193801828 Atfonflon: Mr.Eric Johnson City of Oak Park Heights 14168 Oak Park Boulevard 10 Box 2007 4*IeT&nC&- Washingimn County CSAM :I,:$ Parj;.-Soachj-County Fart7cipation inkroa D Stolm 5elwsr Cysts. D z T r, ;zor'sJBAocW'n As Dort of the and 6&r, For r&fereice, IhIs', 7r, tforn,,ewer des4gn As requested,we have reviewed the contributing storm water flows that would be conveyed from *,he County project to the newly constructed City storm sewer system along Upper 631d and 64m streets.treets. Bawd on the County's contributing storm water flows,the calculated County's share of !he construction costs and administration.legal and engineering costs is$12,220.09. Please let me know if there are any further questions. L'agards, STA 47IC --ONSUI71NO SERVICIS IVC. QYtIJVI)ndlo� Lee M.Mann,P.E. City Engineer Phone:(6511604-4850 Fax(651)636-131➢ 'ee.rroanngsfanfec-corn c. Page 4 of 5 Page 73 of 100 City of Oak Park Heights Washington County CSAH 23 Reconstruct Project County Participation in Area D Storm Sewer Costs 11/11/2015 Const.Cost %County County Share Storm Sewer Upper 63rd Street $48,188 12.27% $5,912.67 64th Street $44,298 8.81% $3,902.67 Subtotal $ 9,815.34 Admin, Legal, Engineering(24.5%) $ 2,404.76 Total $12,220.09 Page 5 of 5 Page 74 of 100 MAINTENANCE OF COUNTY STATE AID HIGHWAY(CSAH)23 i City Utility Connection Cost Sharing Agreement THE PURPOSE OF THIS AGREEMENT IS TO ENSURE AND DOCUMENT THE APPROVED CONNECTIONS TO THE CITY"S UTILITY SYSTEM BY AN OUTSIDE PUBLIC I PRIVATE AGENCY.THIS AGREEMENT IS REQUIRED AS OUTLINED IN THE CITY POLICY FOR COST PARTICIPATION POLICY ON CONTRIBUTING FLOWS TO CITY SANITARY SEWER AND STORM WATER SYSTEMS.PRIOR TO ANY CONNECTIONS MADE TO THE CITY'S SYSTEMS,A FINAL COST SHARING AGREEMENT,INCORPORATING THE ABOVE CAPITAL AND MAINTENANCE COST RESPONSIBILITIES SHALL BE FULLY EXECUTED BETWEEN THE CITY AND THE CONTRIBUTING PARTY AS APPROVED BY THE CITY ENGINEER AND CITY ATTORNEY. Summary of Project: Washington County has proposed to make storm water interconnections to the City's Stam Water Systems as shown in Exhibit A.This project is part of the CSAH 23(Paris Ave)Reconstruction Project. These connections have been reviewed by the City Engineer as shown in Exhibit B. Commitments: In exchange for the permission totter interconnect to the City's storm water systems,the County shall: I 1. Be additionally responsible continuing major maintenance costs,including repairs and replacements for any utilized infrastructure, downstream maintenance or any directly related oast.Such casts shall be based on contributing flow as calculated by the City Engineer.These costs do not include regular or annual minor maintenance costs.These fees are to be calculated at such point when major maintenance is reasonably anticipated. 2. Be additionally responsible for City incurred capital costs and which shall be shall be equivalent to the percentage of contributing flow for utilized infrastructure plus an additional percent for any directly delated engineering,legal and administrative costs.If actual costs for engineering and legal costs are available,the amounts shall be similarly prorated.Administrative costs shall always be one percent or$500 whichever is higher. Capital Fees for this Project are calculated as fellows and shall be paid by the County NorthernInterconnections $12,220,0[BHt]9 (Storm Water Connections at Upper 63rd,64th and 6P Streets) (Fees are credited on Construction Agreement) Southern Interconnection: $0.00 (Storm Water Connections Located south of Paris Ave.) Contributing Flows: i. Existing Upper 63rd Street system from County tie-in to outlet,as Identified on Exhibits D1 and D2: 12.'776." % ii. Existing 64v'Street system from County tie-in to outlet,as identified on Exhibits D3 and D4.8.945.55%% — iii. Existing 65th Street system from County tie-in to 64th Street system:4.14%(Need exhibit_ &iv. Existing storm sewer system under Highway 36 as identified on Exhibits D45 and D6: 1--60 % 3. Provide to the City final'as-built"drawings and record plans;in the format required by the City Engineer(electronic or otherwise)for all systems that connect directly or indirectly to the City's Infrastructure. 4. Ensure contributing flow may not exceed more than 5%of Initially calculated flow—based on volume(s)andla at greater rate than as calculated by the City Engineer. 5. Make no other connections unless approved by a separate agreement. Approved and Accepted: Washington County City of Oak Park Heights Page 1 of 5 Page 75 of 100 THIS PAGE IS INTENTIONALLY LEFT BLANK Page 76 of 100 Oak Park Heights ' Request for Council Action Meeting Date April 12,2016 Time Required: 1 Minute Agenda Item Title: Possible Abatement of 2015 Street Assessment on Tax Forfeit Property Agenda PIacement Consent Agenda Originating Department/Requestor Begfty Caruso Finance Director Requester's Signature (�1 Action Requested _Give Staff authority to work with the county and new owners to negotiate an alternative assessment for street improvements on the tax forfeit propei1y. Background/Justification(Please indicate if any previous action has been taken or if other public bodies have advised): Attached is a map indicating parcel 34.030.20.32.028. This property is tax forfeit and being offered for sale by the county in June, for$100. There is a street assessment of$3500 plus interest on this parcel in accordance with the City's assessment policy. The county is requiring the adjoining properties to combine this parcel with the adjoining parcels. The county is inquiring about the assessment as it may keep the parcel from selling. It would be in the best interest of the City to eliminate this sliver of land from the forfeit properties and restore it to the tax roll as land value to the adjoining parcels. Therefore, I am asking the council if they would consider a partial/whole abatement of this assessment so that it could be noted for the sale and the new owners who could request the abatement from the city after the sale. If the property reverts to the city ownership we will not collect any amount of the $3,500. This is a 20 foot piece of property. If the assessment is prorated compared to the surrounding lots, it could be adjusted to a range of$700 to $1,050. If added to the adjoining properties, our policy would have treated this as a non-buildable lot and would not have been assessed for the road improvement. (The parcel had a separate owner and therefore was assessed) Action Requested: Allow staff to work with the county and new owner/owners to negotiate an alternative assessment for the street improvement on this piece of property. The final adjustment would require an abatement resolution which would be presented at a future council meeting. Page 77 of 100 t w L -V r— u s 41 +- � C C w n ELn a, t 4A m > M w 130 o E o O -X O Ln L m ._ � a7 aJ `� � t C }' m U i O m a1 N � L L DJ O C � L A — E L — a : 3 u c � o C � i o m cn r c o in c ao 3 _ � a E p kn .0 m m CA > c a� a m O awl C m m ` ca a o wLn o 7! o C fV Q to M1. Y O NO N 3 C E N O M O Ln N ` C C Q' y N m ry Ln m ¢ L o a m ip V � O m r a r eau' o ¢ N m m L CL aJ O =4- 41 V41 w u ¢ G L L 4- m a w o a to w w O c L E7Qj CL o0 0 4; LA Ln l0 aJ j iA V *. O m m Y = E L VA fr 01 m +1 ai w L mN664 ;n = 3 s Page 78 of 100 w X pyc„ Yj y ry. W. I � N C6 JWm y o m G. n G9 41 ti ro } ed O .. ~ P, 79 gi'100 I THIS PAGE IS INTENTIONALLY LEFT BLANK Page 80 of 100 �p Oak Park Heights Request for Council Action Meeting Date: April 12, 2016 Time Required: 5 min Agenda Item Title: Approve Emergency Management Ord. 1118 Agenda Placement:New Business Originating Department/Requestor: Oak Park Heights Police Dept., Chief Brian DeRosier Requester's Signature Action Requested: Approve Emergency Management Ord. 1118 and Change of Civil Defense references. Background/Justification: As the Certified Emergency Manager for the city I have worked with the other department heads in updating and exercising our Emergency Operation Plan. I have developed policy incorporated for emergency staffing needs as well as yearly updates of the EOP. In my opinion we are well prepared as a city of this size. We have in place reasonable resources to provide initial response. As part of this ongoing effort I have prepared the attached modification to our current 1118 ordinance. The current ordinance is significantly outdated and references cold war era nomenclature and procedures. The updated version I present is in line with current practices and nomenclature. I, Administrator Johnson, and Finance Director Caruso have reviewed the proposed changes. I recommend adopting the version of Ordinance 1118 presented along with staff changing outdate nomenclature within the city documents. LE. finance#41540 Civil Defense Budget to Emergency Management. Page 81 of 100 1118 AN ORDINANCE PROVIDING FOR EMERGENCY MANAGEMENT FOR PROTECTION AND PROMOTION OF PUBLIC SAFETY,HEALTH AND WELFARE IN THE CITY OF OAK PARK HEIGHTS DURING EMERGENCIES. THE CITY COUNCIL OF THE CITY OF OAK PARK HEIGHTS, WASHINGTON COUNTY, MINNESOTA, DOES ORDAIN: 1118.01 Policy and Purpose. A. Because of the existing and increasing possibility of the occurrence of disasters of unprecedented size and destructiveness resulting from enemy attack, sabotage, or other hostile action, or from fire, flood, earthquake, or other natural causes, and in order to insure that preparations of this City will be adequate to deal with such disasters, and generally, to protect the public peace,health,and safety,and to preserve the lives and property of the people of this City, it is hereby found and declared to be necessary: 1. To establish an Emergency Manager to oversee and coordinate; 2. To provide for the exercise of necessary powers during emergencies and during the time of natural disaster; 3. To provide for the rendering of mutual aid between this City and other political subdivisions of this State and of other States with respect to the carrying out of Emergency Management functions; 4. To provide for the formulation of necessary plans and training to meet the requirements of the City missions. B. It is further declared to be the purpose of this Ordinance and the policy of the City that all Emergency Management functions of this City be coordinated to the extent practicable with the comparable functions of the Federal government,of this State,the County, and of other States and localities,and of private agencies of every type, to the end that the most effective preparations and use may be made of the Nation's manpower,resources,and facilities, for dealing with any disaster that may occur. 1118.02 Definitions. A. "Emergency Management"means the preparations for and the carrying out of all emergency functions, other than functions for which military forces are 1 Page 82 of 100 primarily responsible, to prevent, minimize, and repair injury and damage resulting from disasters caused by enemy attack,sabotage,or natural causes. These functions include, without limitation, fire-fighting services, police services,public works,medical health services,rescue,engineering,warning services,communications,radiological,chemical and other special weapons defense, evacuation of persons from stricken areas, emergency welfare services,emergency transportation,existing or properly assigned functions of plant protection,temporary restoration ofpublic utility services,utilization of best available shelters, and other functions related to civilian protection, together with reasonable activities for preparation for and carrying out ofthe foregoing functions. B. "Emergency " means an emergency declared by the Governor under Minnesota Statutes,Section 12.3 1,or an emergency proclaimed by the Mayor under Section 1118.06 of this Ordinance. 1118.03 Establishment of EmgW&ncy Man er . A. There is hereby created within the City government an Emergency Manager., The Emergency Manager shall be appointed by the City Council for an indefinite term and may be removed by it at any time. They shall receive such compensation as the City Council shall determine from time to time and they shall be paid necessary expenses. The Emergency Manager shall have direct responsibility for the organization, administration, and operation of emergency management,subject to direction and control of the City Council. Emergency management shall be organized into such divisions and bureaus, consistent with State and local emergency management plans, as the Emergency Manager deems necessary to provide for the efficient performance of local emergency management functions during an emergency. The Emergency Manager shall perform emergency management functions within the City and,in addition,shall conduct such functions outside the City as may be required pursuant to the provisions of Minnesota State Statute Chapter 12 as amended, or this Ordinance. The City Council may appoint a Deputy Emergency Manager to act in the absence of the Emergency Manager. 1118.04 Powers and Duties of the Emergency Manager. A. The Emergency Manager,with the consent of the Council,shall represent the City on any regional or State organization for emergency management.. They shall propose Mutual Aid Agreements with other political subdivisions within or outside the State for reciprocal Emergency Management aid and assistance in an emergency too great to be dealt with unassisted, and they shall present such agreements to the Council for its action. Such 2 Page 83 of 100 arrangements shall be consistent with the State Emergency Management Plan and the Oak Park Heights Emergency Operation Plan and during an emergency, it shall be the duty of the Emergency Manager to coordinate and oversee such assistance in accordance with the provisions of mutual aid arrangements. Any mutual aid arrangement with a political subdivision of another State shall be subject to the approval of the Governor. B. The Emergency Manager shall make such studies and surveys of the manpower, industries resources, and facilities of the City as they deem necessary to determine the adequacy for Emergency Management,and to plan for the most efficient use in time in an emergency. C. The Emergency Manager shall prepare a comprehensive general plan for the emergency management of the City—also known as Emergency Operation Plan/EOP. When the Council has approved the plan by resolution,it shall be the duty of all municipal employees and departments, along with all contracted services of the City to perform the duties and functions assigned by the plan as approved. The plan may be modified in like manner from time to time. The Emergency Manager shall coordinate the emergency management activities of the City to the end that they shall be consistent integrated with the emergency management plans of other political subdivision within the State. D. In accordance with the State and City emergency management plans, the Emergency Manager shall institute such training programs and public information programs and shall take preparatory steps,including the partial or full mobilization of emergency management forces in advance of actual disaster, as may be necessary to the prompt and effective operation of the City Emergency Management Plan in time of an emergency. They may,from time to time, conduct such practice or other emergency management exercises as they may deem necessary and practical given the time and resources available within the city. E. The Emergency Manager shall utilize the personnel, services, equipment, supplies,and facilities of existing departments and agencies of the City to the maximum extent practicable. The department heads and personnel of all such departments and agencies shall, to the maximum extent practicable, cooperate with and extend such services and facilities to the Emergency Manager and to the Governor upon request. 1. The head of each city department and agency or contracted service,in cooperation with and under the direction of the Emergency Manager, shall be individually responsible for the planning of such emergency 3 Page 84 of 100 management activities as assigned in the city emergency operations plan involving the utilization of the facilities of their department or agency. F. The Emergency Manager shall make reasonable effort to carry out all orders, rules and regulations issued by the Governor pertaining to Emergency Management given the scope,resources,and abilities of the manager and the city. G. The Emergency Manager shall direct and control the general operations of all local emergency management resources during an emergency in conformity with controlling regulations and instructions of State Emergency Management authorities and the City Emergency Operation Plan. The heads of departments and agencies shall be governed by their orders in respect thereto. H. Consistent with the Emergency Management Plan,the Emergency Manager shall designate at some suitable place in the City an emergency Operations Center and, if required by the local Emergency Management Plan, auxiliary centers to be used during an emergency as headquarters for direction and control. They shall arrange for representation at the center by municipal departments and agencies, public utilities and other agencies authorized by Federal or State authority to carry on emergency management activities during an emergency. They shall arrange for the installation at the Emergency Operations Center of necessary facilities as available for communication with and between heads of emergency management divisions, the stations and operating units of municipal services and other agencies concerned with emergency management and for communication with other communities and Emergency Operating Centers,within the surrounding area and with the Federal and State agencies concerned. 1. Daring the first thirty (30) days of an emergency, if the Legislature is in session or the Governor has coupled his declaration of the emergency with a call for a special session of the Legislature, the Emergency Manager may, when necessary to save life or property,require any person except members of the Federal or State Military forces and officers of the State or any other political subdivision to perform service for emergency management purposes as they direct; and they may commandeer, for the time being, any motor vehicle,tools, appliances, or any other property, subject to the owner's right to just compensation as provided by law. 4 Page 85 of 100 1118.05 Emergency Volunteers: A.. No emergency volunteer shall carry any firearm while on duty except on written order of the Chief of the Police Department. B.. Personnel procedures of the City applicable to regular employees shall not apply to volunteer workers., 1118.06 Emergency RegWations. A. When used in this section,the term "Emergency" includes,in addition to the meaning given in Section 1118.02, B, disasters caused by fire, flood, windstorm, or other natural causes. B. Whenever necessary to meet an emergency or to prepare for such an emergency for which adequate regulations have not been adopted by the Governor or the City Council,the Mayor may,by proclamation,promulgate regulations, consistent with applicable Federal or State law or regulation, respecting: the sounding or dissemination of warnings; the conduct of persons and the use of property during emergencies;the repair,maintenance, and safeguarding of essential public services; emergency health, fire and safety regulation, and all other matters which are required to protect public safety, health and welfare in emergencies. C. Every proclamation of emergency regulations shall be in writing and signed by the Mayor; shall be dated;shall refer to the particular emergency to which it pertains, if so limited; and shall be filed in the office of the City Clerk, where a copy shall be kept posted and available for public inspection during business hours. Notice of the existence of such regulation and its availability for inspection at the Clerk's office shall be conspicuously posted at the front of the City Hall or other headquarters of the City and at such other places in the affected area as the Mayor shall designate in the proclamation. Thereupon the regulation shall take effect immediately,or at such later time as may be specified in the proclamation. By like proclamation the Mayor may modify or rescind any such regulation. D. The City Council may rescind any such regulation by resolution at any time. If not sooner rescinded, every regulation shall expire at the end of three (3) days/72hrs. after its effective date or at the end of the emergency to which it relates, whichever occurs first. Any Ordinance, rule or regulation inconsistent with an emergency regulation promulgated by the Mayor shall be suspended during the period of time and to the extent that such conflict exists. 5 Page 86 of 100 1. During an emergency, the City is, notwithstanding any statutory or charter provision to the contrary, empowered,through its governing body acting within or without the corporate limits of the City,to enter into contracts and incur obligations necessary to combat such disaster by protecting the health and safety of persons and property and providing emergency assistance to the victims of such disaster. The City may exercise such powers in the light of the exigencies of the disaster without compliance with time-consuming procedures and formalities prescribed by law pertaining to the performance of public work,entering into contracts,incurring of obligations,employment of temporary workers, rental of equipment, purchase of supplies and materials, limitations upon tax levies, and the appropriation and expenditure of public funds including,but not limited to,publication of Ordinances and resolutions,publication of calls for bids,provisions of civil service laws and rules, provisions relating to low bids and requirements for budgets. E. During an emergency the Mayor is authorized to contract on behalf of the City for services or for the purchase of merchandise or materials where the amount of the contract or purchase does not exceed$10,000.00. The Mayor may take such action without prior approval of the Council and without compliance with regular purchasing and bidding procedures, but all claims resulting therefrom shall be audited and approved by the Council as in the case of other purchases and contracts. 1118.07 Emergency Management Procedure. A. There is hereby established in the City treasury a special fund to be known as the Emergency Management fund. Into this fund shall be placed the proceeds of taxes levied for emergency management, money transferred from other funds,gifts,and other revenues. . From it shall be made expenditures for the operation and maintenance for emergency management. Regular accounting, disbursement, purchasing, budgeting, and other financial procedures of the City shall apply to the Emergency Management Fund insofar as practicable; but budgeting requirements and other financial procedures shall not apply to expenditures from the fund in any case when their application will prevent compliance with terms and conditions of a Federal or State Grant of money or property for emergency management purposes. B. The Emergency Manager shall, after the end of each year, prepare and present to the City Council for the information of the Council and the public, a report of the activities of emergency management during the year. 6 Page 87 of 100 1118.08 Shelter in Public Structures. A. It is the policy of the City that shelters or areas of refuge be incorporated in all public buildings of the City to the fullest extent practicable in order to provide protection in an emergency. B. The City Council shall require that all contracts for the design or construction of public buildings,including additions to or alterations of existing structures, incorporate protection for at least the normal anticipated daily population of the building. The shelter protection provided for shall meet or exceed the minimum space and protection criteria recommended, unless exempted from such shelter requirement as provided in Section C. C. The Council may exempt buildings or structures from the requirements of this section where it finds that such incorporation of shelters will create an additional cost in the construction of such structure in excess of eight percent (8%) of the estimated cost thereof without shelters so incorporated, or if it finds that other factors make unnecessary or impracticable the incorporation of fallout shelters in such structures. 1118.09 Conformi1y and Cooperation with Federal and State Authori A. Every employee of the City shall cooperate with Federal and State authorities and with authorized agencies engaged in emergency management and emergency measures to the fullest possible extent consistent with the performance of their other duties. The provisions of this Ordinance and of all regulations made thereunder shall be subject to all applicable and controlling provisions of Federal and State laws and of regulations and orders issued thereunder and shall be deemed to be suspended and inoperative so far as there is any conflict therewith. 1118.10 Penal Any person who violates any provision of this Ordinance or of any regulation adopted thereunder relating to acts, omissions, or conduct other than official acts of City officers or employees, is guilty of a misdemeanor and upon conviction may be punished by a fine of not more than Seven Hundred Dollars ($700.00) or by imprisonment for not more than ninety(90) days, or both. As revised 04-12-2016 7 Page 88 of 100 1118 AN ORDINANCE PROM-ING FOR QVIL DEFENSE EMERGENC`. MANAGEMENTAND FOR PROTECTION AND PROMOTION OF PUBLIC SAFETY,HEALTH AND WELFARE IN THE CITY OF OAK PARK HEIGHTS DURING —.———1- EMERGENCIES. THE CITY COUNCIL OF THE CITY OF OAK PARK HEIGHTS, WASHINGTON COUNTY, MINNESOTA, DOES ORDAIN: 1118.01 Polia and Pp=se. A. Because of the existing and increasing possibility of the occurrence of disasters of un_prccWn size and d W-wtimoss resulting fpm emmy attack, sabotage, or other hostile action, or from fire, flood, earthquake, or other natural causes,and in order to insure that preparations of this City will be adequate to deal with such disasters, and generally, to p ev4de fer the J to protect the public peace,health, and safety, and to preserve the lives and property of the people of this City,it is hereby found and declared to be necessary: 1. To establish Vlr��joeal(i a z*°^ r ivil Tref^ an Enier enc AVI+Ul Manager to oversee and coordinate; 2. To provide for the exercise of necessary powers during GiA!Defeme emergencies and during the time of natural disaster; 3. To provide for the made_rin-g of mut ._l aid between this City and other political subdivisions of this State and of other States with respect to the carrying out of Enierency INjana c ent functions; 4. To provide for the formulation of necessary plans and training to meet the requirements of the City missions. B. It is further declared to be the purpose of this Ordinance and the policy of the City that all Givi1 De f nse EmergencyMManayeme,, functions of this City be coordinated to th extent practicable with the comparable functions of the Federal government, of this State,the County, and of other States and localities,and of private agencies of every type,to the end that the most effective preparations and use may be made of the Nation's manpower, resources, and facilities, for dealing with any disaster that may occur. I 1 Page 89 of 100 1118.02 Definitions. A. "Eniergerlcy Management r;=�.�,4��,if means the preparations for and the carrying out of all emergency functions, other than functions for which military forces are primarily responsible, to prevent, minimize, and repair injury and damage resulting from disasters caused by enemy attack,sabotage, or natural causes. These functions include,without limitation,fire-fighting services, police services, public works medical health services, rescue, engineering,warning services,communications,radiological.,chemical and other special weapons defense, evacuation of persons from stricken areas, emergency welfare services, emergency transportation,existing or properly assigned functions ofplant protection,temporary restoration of public utility services, utilization of best available Fallen helters, and other functions related to civilian protection,together with reasonable alietkei activities preparation for and carrying out of the foregoing functions. B. "Civil not nse F mer ency- "means an emergency declared by the Governor under Minnesota Statutes, Section 12.3 1, or an emergency proclaimed by the Mayor under Section 1118.06 of this Ordinance. „G-4;41 Defense „ means mW personnel empleyed by the City and 1118.03 Establishment of C-""ll De-fro-pre-Emergency Manager Aged. A. There is hereby created within the City government an Givg Defense Emergency Manatien Ageney, which shall be una_' and The Emergency Manager dlreetor shall be appointed by the City Council for an indefinite term and may be removed by it at any time. TheyNe shall receive such compensation as the City Council shall determine from time to time and j they shall be paid necessary expenses. The direeferEmergency Manager shall have direct responsibility for the organization, administration, and operation of 4e Civil nd4-so emergency mana e� mentAgeney, subject to direction and control of the City Council. T-,o Civil Deff Emergencv m a n a g e m enter shall be organized into such divisions and bureaus, consistent with State and local A =' tianse-emergency manageme, plans,as the dfrecerEmergency Ntarrage deems necessary to provide for the efficient performance of local eivil de f nse eMerg,.cnc_.mLulagemeiii functions during an eivil derense�emergency.-The Givil not agw Emergency Manager Agene shall perform Civil De f nse emergency manapent functions within the City and,in addition,shall conduct such functions outside the City as maybe 2 Page 90 of 100 required pursuant to the provisions of t, Minnesota State Statute Chapeter 12 Civil Ba€exs n e4 of 1954-as amended, or this Ordinance. The City Council may appoint a Deputy DifeeterEmergency Manager- to act in the absence of the DireeterEmergency Manager- R. anager_R. Then is hereby enated within 4he Qi4l Defense Ageney a CMI Defense " „ b dthe dir-eeter-sMi be seefetwy of &e aefnmttee. he and sMI hold offlee at the pleasm ef the Mayer. 1118.04 Powers and Duties of the DifeetafEmergelc, %tanager. A. The difeeterEmergency Manager, with the consent of the Council, shall represent the City on any regional or State organization for emergency mana cincnt.Givil Defense, They shall dei � , propose-" Mutual Aid Agreements with other political subdivisions within or outside the State for reciprocal Civil Defnse Emergency Mana 7e� meat aid and assistance in a Givil Defen elnergency emergeae; too great to be dealt with unassisted, and they shall present such agreements to the Council for its action. Such arrangements shall be consistent with the State Civil Def nse Erner 3cncy anagement Plan and the Oak Park Heiphts_Emerency Operatio» Plan and during an Civil Defense-emergency,it shall he the duty of the Gini, Defense Emer enc y Mana«er Agene to render coordinate and oversee such assistance in accordance with the provisions ofsuehmutual aid arrangements. Any mutual aid arrangement with a political subdivision of another State shall be subject to the approval of the Governor. B. The dir-eeterEmergency Man.g_er shall make such studies and surveys of the manpower, industries resources, and facilities of the City ieWing€ale Steers as they deems necessary to determine them adequacy for Emergency Manage mentGivi' Defense,and to plan for them most efficient use in time in 4 an Civil Pe&nso emergency. C. The dee-le Emergency Manager shall prepare a comprehensive general plana for the Givil Def nse emergency marzaerr-en-hof the City - aiso known as Emergency Operation Plan/ EOP. whieh will ; elude a Corin unity S 1+ Plan ...uawauaaag the esLuvii.JJJeu i µAJVUL Shelters and shall o e thio C „rA rnr its appr- �'. When the Council has approved the plan by resolution, it shall be the duty of all municipal employees agues and departments,aloe withnd all contracted services ,ivil defense f ren„ f the 3 Page 91 of 100 City to perform the duties and functions assigned by the plan as approved. The plan may be modified in like manner from time to time. The :niergengy -ager 4k-ect shall coordinate the Civil Def nse emg-gency mana eg nent activities of the City to the end that they shall be consistent and integrated with the eiNA, defense-emer enc mana gement lans of other political subdivision within the State. D. In accordance with the State and City eivil defense-emergency management plan ,the iir-eeierEmergency Manager shall institute such training programs and public information programs and shall take alle# e. preparatory steps, including the partial or full mobilization of eivil de€ense-emera'enc, mana�r_ forces in advance of actual disaster,as may be necessary to the prompt and effective operation of the City ei d erase-hme� r.gyency Management Pplan in time of an eivil defense emergency. fh leymay,from time to time, conduct such practice or other eivil aornns emergency managementexercises as they may deem necessary and practical given the time and resources available withii, a iv E. The direeterEmeer�4enc�v Manager shall utilize the personnel, services, equipment,supplies,and facilities of existing departments and agencies of the City to the maximum extent practicable. The department headsoffieers and personnel of all such departments and agencies shall,to the maximum extent practicable,cooperate with and extend such services and facilities to the ;vii defense- �, and to the Governor upon request. I. The head of each cit, department and agency ;r contracted service in cooperation with and under the direction of the Emergency Manager direst, shall be ingividuall, responsible for the planning aHid-dr pfflgFaa-.%.r,xs of such ei v-I de! ,iemergency mana ernent activities as assigned in the_city emergency operasinns r)1, ii N, involvingethe utilization of the facilities of ththeir t, department or agency. eeffmmad. The di-Fector may dismiss any ei-A!defewe volunteer-at any time the Cites 4 Page 92 of 100 >�otoM s per-sons. FEI. The Emergency Manager directo shall make reasonable effort to carry out all orders,rules and regulations issued by the Governor pertaining to Emergency Management given the scope,resources. and abilities of the manager and the G�. The < itf fi�- Emergency Manager Oir-ee shall direct and control the general operations of all local c-emergency management resources fere during an ergency in conformity with controlling regulations and instructions of State 47ftFise•Emerrenc -Management authorities - - City Emergency Operation. Plan. The heads of departments and agencies shall be governed by their his orders in respect thereto. HJ. Consistent with the Civi-I —Pee,44--ase— encs,_Management Plan, the Emergency Manager director- shall :iesignate pr-oy de and equip at some suitable place in the City an emergency(�perationsing Center and,ifrequire by the local r-iyi1 Defense Emery Management Plan,auxiliary centers to be used during adefense-emergency as headquarters for direction and control.-of rai-A defense f-eery. They shall arrange for representation at the center by municipal departments and agencies,public utilities and other agencies authorized by Federal or State authority to carry on emergency manavement_activities during an ,i-A! defense emergency. They!T e shall arrange for the installation at the Emergency Operation Center of necessary facilities as available for communication with and between heads of .;+ , se-emer envy managemet divisions, the stations and operating units of municipal services and other agencies concerned with del'exse—ememencv management and for communication with other communities and Emergency Operating Centers,within the surrounding area and with the Federal and State agencies concerned. k-. During the first thirty ( ) days-of eivil defense an emergency, if the Legislature is in session or the Governor has coupled his declaration of the emergency with a call for a special session of the Legislature, the direeterEmergenc_y may, when necessary to save life or property, require any person except members of the Federal orf State Military forces and officers of the State or any other political subdivision to perform service for Civil Def nse e purposes as they direct ;and they 5 Page 93 of 100 may commandeer,for the time being,any motor vehicle,tools,appliances,or any other property, subject to the owner's right to just compensation as provided by law. 1118.05 Geneml �1 '� Q 41 Defense � agke . Emergency Volunteers: v v State,ef A-9 the United States er- in tWs geveamnei#in the United Statesby feme of 7 State t GiN41 Defense ageney ter administer-oaths in:d4s State,or-before any effleer-efthe Stme DepaFknent of QVA Defense,.nue9 ^r the lee l diFeete F The oath sMI be substapAially in the fem prescribed by ' Statutes,Seefien 12.43. 13. Qi4BefmsevelunteeFs shall be ealled-into s of a eMI defense idenfifleatien as may be feOmd by the dir-eeter. Sueh idenfifleaden shag be in A.D. No eivil-defease-emergeneyvolunteer shall carry any firearm while on duty except on written order of the Chief of the Police Department. B.T . Personnel procedures of the City applicable to regular employees shall not apply to volunteer sM defenst workers:,,,b apply to paid employees 1118.06 Emergency Regulations. A. When used in this section,the term Mets Emergency"includes,in addition to the meaning given in Section 1118.02,B,disasters caused by fixe, flood, windstorm, or other natural causes. B. Whenever necessary to meet aq GiNQ Defense emergency or to prepare for such an emergency for which adequate regulations have not been adopted by 6 Page 94 of 100 the Governor or the City Council, the Mayor may, by proclamation, promulgate regulations, consistent with applicable Federal or State law or regulation,respecting ���� � ,y the sounding dissemination of at, warnings; the conduct of persons and the use of property during emergencies; the repair, maintenance, and safeguarding of essential public services; emergency health, fire and safety regulation, ; and all other matters which are required to protect public safety, health and welfare in G:_,;' Defense-emergencies. C. Every proclamation of emergency regulations shall be in writing and signed by the Mayor; shall be dated; shall refer to the particular emergency to which it pertains,if so limited;and shall be filed in the office of the City Clerk, where a copy shall be kept posted and available for public inspection during business hours. Notice of the existence of such regulation and its availability for inspection at the Clerk's office shall be conspicuously posted at the front of the City Hall or other headquarters of the City and at such other places in the affected area as the Mayor shall designate in the proclamation. Thereupon the regulation shall take effect immediately,or at such later time as may be specified in the proclamation. By like proclamation the Mayor may modify or rescind any such regulation. D. The City Council may rescind any such regulation by resolution at any time. If not sooner rescinded,every regulation shall expire at the end of threehiAy (3 )days after its effective date or at the end of the -�=ry'��e emergency to which it relates,whichever occurs first. Any Ordinance,rule or regulation inconsistent with an emergency regulation promulgated by the Mayor shall be suspended during the period of time and to the extent that such conflict exists. I. During a,,Civil T'��"mergency,the City is,notwithstanding any statutory or charter provision to the contrary,empowered,through its governing body acting within or without the corporate limits of the City,to enter into con_ cts and inc-ur obligations nwesmy to combat such disaster by protecting the health and safety of persons and property and providing emergency assistance to the victims of such disaster. The City may exercise such powers in the light of the exigencies of the disaster without compliance with time-consuming procedures and formalities prescribed by law pertaining to the performance of public work, entering into contracts, incurring of obligations,employment of temporary workers,rental of equipment, purchase of$ lies and materials, l_imitatio_n_s UWD tax levies, and the appropriation and expenditure of public funds including,but not 7 Page 95 of 100 limited to,publication of ordinances and resolutions,publication of calls for bids, provisions of civil service laws and rules, provisions relating to low bids and requirements for budgets. E. During an ergency the Mayor is authorized to contract on behalf of the City for services or for the purchase of merchandise or materials where the amount of the contract or purchase does not exceed$t 0,0500.00. The Mayor may take such action without prior approval of the Council and without compliance with regular purchasing and bidding procedures,but all claims resulting therefrom shall be audited and approved by the Council as in the case of other purchases and contracts. f 1118.07 Givil Qefi,nse Emergency Management Agt:q�Procedure. A. There is hereby established in the City treasury a special fund to be known as the Givi Def nse Emergency Managerrlent funC4snit. Into this fund shall be placed the proceeds oftaxes levied for emergency management , money transferred from other funds, gifts, and other revenues. ewe Defense .,,.eney. From it shall be made expenditures for the operation and maintenance i'i Fr of the Civil Defense- @4her- exp emer ency eana�ement�rge�3� and 'loves for GiW Defense, Regular accounting, disbursement, purchasing,budgeting,and other financial procedures of the City shall apply to the Givil De f nse I:merg-encv Manasaement Ffund insofar as practicable; but budgeting requirements and other financial procedures shall not apply to expenditures from the fund in any case when their application will prevent compliance with terms and conditions of a Federal or State Grant of money or property for eivii deienseenter ency inana gemer purposes. B. The Emergency Manager mer shall, as seen after the end of each mal year,prepare and present to the City Council for the information of the Council and the public,a, prehen i.vt report of the activities of e;=ri1�.�l defense-emergency management ageney during the year. 1118.08 t Shelter in Public Structures. A. It is the policy of the City that Allwo shelters r areasof_refute.e be incorporated in all public buildings of the City to the fullest extent practicable in order to provide protection in an emergency. nst,.. dialie in the overt e . B. The City Council shall require that all contracts for the design or construction of public buildings,including additions to or alterations of existing structures, incorporate €allo t—protection for at least the normal anticipated daily population of the building. The faller shelter protection provided for shall meet or exceed the minimum space ander protection criteria 8 Page 96 of 100 recommended1 by the Offlee of CMI DeLense,United States PepaF6 n unle ssuni a ss exempted from such shelter requirement as provided in Section C. C. The Council may exempt buildings or structures from the requirements of this section where it finds that such incorporation of figiew shelters will create an additional cost in the construction of such structure in excess of eight percent (8%) of the estimated cost thereof without shelters so incorporated, or if it finds that other factors make unnecessary or impracticable the incorporation of fallout shelter in such structures. 1118.09 Conformity and Cooperation with Federal and State Authority. A. Every mployeeeffieef and ate of the City shall cooperate with Federal and State authorities and with authorized agencies engaged in aivil defense emergency managernei,, and emergency measures to the fullest possible extent consistent with the performance of their other duties. The provisions of this Ordinance and of all regulations made thereunder shall be subject to all applicable and controlling provisions of Federal and State laws and of regulations and orders issued thereunder and shall be deemed to be suspended and inoperative so far as there is any conflict therewith. B-. The City Getmeil may appoint&qy qualified pwsea holding a pesitien in mgal—ar- pelieemm efthe City,as may be preseribed in*e app,,;.,.,. ent. Every siie ether- ehee office the Chief E .de .,+ purposes, nor-sWI it be empleyed in-a 1118.101- P t . Any person who violates any provision of this Ordinance or of any regulation adopted thereunder relating to acts,omissions,or conduct other than official acts of City officers or employees,is guilty of a misdemeanor and upon conviction may be punished by a fine of not more than Seven Hundred Dollars ($700.00) or by imprisonment for not more than ninety(90)days,or both. 9 Page 97 of 100 THIS PAGE IS INTENTIONALLY LEFT BLANK Page 98 of 100 ik Oak Park Heights Request for Council Action Meeting Date April 121` 2016 Time Required: 1 Minutes Agenda Item Title: Consider Qy Council Date Chan a-6128/16 Meetin Agenda Placement New Business Originating Department/Requestor: Mayor Mary McComber Requester's Signature Action Requested Consider Cfty Council Date Change-6128116 Meeting Background/Justification(Please indicate if any previous action has been taken or if other public bodies have advised): Would the City Council consider amending the Tuesday,6/28/16 City Council meeting to the preceding day, Monday,6127116.I must be in Kansas City for National League of Cities—Joint Committee meetings on 6128116. 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