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HomeMy WebLinkAbout09-13-16 Agenda and Packet CITY OF OAK PARK HEIGHTS TUESDAY, SEPTEMBER 13, 2016 CITY COUNCIL MEETING AGENDA 7:00 P.M. (Or,immediately following the conclusion of the preceding City Council work session) 7:00 p.m. I. Call to Order/Pledge of Allegiance/Approyal of Agenda Estimated times 7:05 p.m. H. Council/Staff Reports A. Mayor McComber B. Councilmember Dougherty C. Councilmember Liljegren D. Councilmember Runk E. Councilmember Swenson F. Staff • Recycling Award 7:10 p.m. III. Visitors/Public Comment This is an opportunity for the public to address the Council with questions or concerns on issues not part of the regular agenda(Please limit comments to 3 minutes in length). 7:15 p.m. IV. Consent A enda(Roll Call Vote) A. Approve Bills&Investments B. Approve City Council Worksession Notes—August 15,2016 C. Approve City Council Minutes—August 15,2016 D. Approve Change Order-Water Main Offset—Paris Ace—CSAH 23 E. Approve Master Subscriber Agreement and MGA Request Form F. Approve renewal of Safe Assure Contract for 2016-2017 G. Approve Resolution Providing for an Extension of the Suspension of the Temporary Signage Regulation thru 12131/16. 7:15 p.m. V. Public Hearings None 7:15 p.m. VI. Old Business A. Set Date and Approve Notice for Assessment for Public Hearing—64", 651h and Ozark Ave Streets and Improvements. 7:30 p.m. VII. New Business A. Set Date, Time, and Location for 2017 Party in the Park11601h Anniversary Celebration(4) B. Set 2017 City Council Meeting Dates(5) C. Police Department—Sergeants Positions and Promotions. D. Police Department-Authorize the Hiring of Full Time Officer. E. Menards—5800 Krueger Lane—Design Guidelines and Performance Review. 1 of 200 City Council Agenda packet for 9-13-16 Agenda September 13,2016 Page 2 F. 5527 Oakgreen Place N.—Storage Building Conditional Use Permit. G. CSAH 26—Stormwater Main Installation. H. Finance Department and Policy Updates—Including Snow Plowing Funding Reserve Policy and Purchasing cards. I. Public Works—Authorize Full-time Public Works Hire. J. Cover Park Redevelopment 7:50 p.m. XIII. Other Council Items or Announcements 7:50 p.m. IX. Closed Session A. City Administrator Annual Performance Review(closed pursuant to MN Stat. 13D.05, Subd. 3.(a)) B. Bell Property(closed pursuant to MN Stat. 13D.05, Subd. 3.(c)(3) C. Per Minnesota Statute 13d.05 subd. 3 (b)relative to matters of pending litigation of the City of Oak Park Heights vs.the Minnesota Department of Transportation and Minnesota Statute 13D .05 subd. 2 (4)(b) individuals subject to council authority 8:00 P.M. X. Adjournment 2 of 200 City Council Agenda packet for 9-13-16 Oak Park Heights Request for Council Action Meeting Date September 13, 2016 Agenda Item Rec clip Y Award Time Req. 0 Agenda Placement Staff R ports Originating Depent/Requestor Administration/Jennifer Pinski Requester's Signature Action Requested Receive ormation Background/Justification (Please indicate any previous action has been taken or if bodies have been advised). Other public See Attached. 3 of 200 City Council Agenda packet for 9-13-16 September 1, 2018 Thomas Gray 14295 551h Street North Oak Park Heights, MN 55082 Dear Mr. Gray: Thank you for participating in the City's recycling program. As an incentive to recycle and to increase fire prevention awareness, the City rewards two residents each month with their choice of an award of $25.00 or a fire extinguisher and/or smoke detector(s). Your residence was checked on Thursday, September 1. Your recycling was out and ready for collection; therefore, you are one of this month's winners. Please contact me at 439-4439 to let me know your choice of award. On behalf of the Oak Park Heights City Council, thank you for participating in the City's recycling program. o ratulati ns! Mary Sei er Administ ion 4 of 200 City Council Agenda packet for 9-13-16 Oak Park Heights Request for Council Action Meeting Date September 13, 2016 Agenda Item Approve City Council Worksession Notes—August 15, 2016 Time Req. 0 Agenda Placement Consent Originating Department/Requestor 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. 5 of 200 City Council Agenda packet for 9-13-16 4 u a CITY OF OAK PARK HEIGHTS CITY COUNCIL WORKSESSION NOTES MONDAY,AUGUST 15,2016 AT 5:30 P.M. Present: Mayor McComber, Councilmember Dougherty, Councilmember Liljegren,Councilmember Runk, City Administrator Johnson, Police Chief DeRosier, Finance Director Caruso, Public Works Director Kegley, and City Clerk Pinski. Absent: Councilmember Swenson. 1. Call to Order: Mayor McComber called the meeting to order at 5:32 p.m. 2. Cover Park Shelter&Related Items: City Administrator Johnson requested the City Council discuss further the bidding process for the Cover Park shelter project. Mayor McComber stated it was the consensus of the City Council to go forward with a design-build process. Johnson reported he would prepare documents for the September City Council meeting. McComber suggested setting a worksession with the Parks Commission prior to their meeting on September 19 at 6:00 p.m. Councilmember Dougherty suggested meeting at Cover Park. No action was taken. Mayor McComber asked the City Council if they would like to consider moving Party in the Park to June and do a 160-year celebration in 2017 to allow residents to focus on neighborhood block parties on National Night Out. The City Council was amenable to the suggestion. McComber suggested an article in the newsletter encouraging residents to bring a story or picture to Party in the Park. Council planned to take action at the August 15, 2016 Council Meeting. 3. Budget Discussion: Finance Director Caruso reported there was a reduction in budget expenditures due to personnel changes. Chief DeRosier reviewed the public safety portion of the budget. He stated he was recommending two sergeant positions. Councilmember Runk suggested purchasing capital outlay equipment from the surplus funds from 2016. Mayor McComber suggested transferring funds to budgeted projects so the Chief can draw from it when needed. Runk suggested decreasing emergency management budget to$1,500. Public Works Director Kegley reviewed the public works portion of the budget. City Administrator Johnson suggested developing a snow plow reserve fund policy. Runk suggested putting Chip Maps into budgeted projects instead of levying for it the following year. Johnson questioned whether there should be streetlights at 601"and Beach. McComber responded there should be, as well as on the curve on Stagecoach. Johnson stated he would talk to MNDOT. He also stated they could reduce other contractual services for parks to$47,500 from $52,500. Caruso noted that the metro sewer service charge increased by 8.8 percent. Kegley stated that the estimate to replace the Sunnyside Lift Station would be about$250,000. Caruso stated the renewal and replacement fund could be used to replace it. Caruso reviewed the remainder of the budget. Runk requested a$5,000 expenditure for the bridge ceremony for Oak Park Heights. McComber suggested holding off for a joint community celebration. Caruso stated she would use $5,000 for the bridge ceremony and $4,000 for Party in the Park from the$9,000 annual picnic fund. Caruso stated she would reduce the computer budget to $2,000 from $5,900. She provided the City Council with a memo on unallocated funds and stated she would re-run numbers for the next worksession. No action was taken. 4. Adjourn: The meeting was adjourned at 7:07 p.m. 6 of 200 City Council Agenda packet for 9-13-16 I ft '3.,': Oak Park Heights Request for Council Action Meeting Date September 13, 2016 Agenda Item Approve City Council Minutes-August 15, 2016 Time Req. 0 Agenda Placement Consent Originating Department/Requestor Administration/Jennifer Pinski Requester's Signature -,O-I^l Action Requested Approve Background/Justification(Please indicate any previous action has been taken or if other public bodies have been advised). See Attached. 7 of 200 City Council Agenda packet for 9-13-16 CITY OF OAK PARK HEIGHTS MONDAY, AUGUST 15, 2016 CITY COUNCIL MEETING MINUTES I. Call to Order/Pledge of Allegiance/Approval of Agenda: Mayor McComber called the meeting to order at 7:15 p.m. Present: Councilmembers Dougherty, Liljegren, and Runk. Staff present: City Administrator Johnson, City Engineer Mann, and Attorney Katie Kranz. Absent: Councilmember Swenson and City Planner Richards. Mayor McComber added"Discussion of Party in the Park"to the Agenda as New Business Item E. Councilmember Liljegren, seconded by Councilmember Dougherty, moved to approve the Agenda. Carried 4-0. II. Council/Staff Reports: A. Mayor McComber: She reported she attended the Improving Service Delivery Policy Committee meeting at the League of Minnesota Cities on August 15, and she would be attending the Improving Local Economies Committee meeting at the League of Minnesota Cities on August 16, the Coalition of Utility Cities meeting on August 17, and the Historic Church groundbreaking at Boutwells on August 17. She also reported the Parks Commission meeting was scheduled for August 16 at 7:00 p.m., there was a tour of the high school scheduled for August 27, and Fall Clean-up was scheduled for October 1 from 7:30 a.m. to 1:00 p.m. McComber thanked staff for a successful Party in the Park. B. Councilmember Dougherty: Ile thanked staff for their hard work at Party in the Park. C. Councilmember Liljegren: He also thanked staff for Party in the Park and suggested separate boxes for girls and boys prizes to eliminate confusion. D. Councilmember Runk: He reported the August Planning Commission meeting was cancelled, and the next meeting was scheduled for September 1, 2016 at 7:00 p.m. He also thanked staff for Party in the Park. E. Councilmember Swenson: Absent. F. Staff: City Clerk Pinski reported that Thomas Hosek of 6208 Osgood Avenue North and James Hall of 1524 62"d Street North were chosen as the recycling award winners for the month of August. 111. Visitors/Public Comment:None IV. Consent Agenda: A. Approve Bills & Investments 8 of 200 City Council Agenda packet for 9-13-16 City Council Meeting Minutes August 15, 2016 Page 2 of 3 B. Approve City Council Minutes—July 26, 2016 C. Approve City Council Worksession Notes—July 26, 2016 D. Approve Redpath and Company Auditing Services for December 31, 2016 Approve Resolution Authorizing Ducks Unlimited, St. Croix Valley Chapter,to Conduct a One-Day Raffle at Heights Hall & Club on September 16, 2016 F. Approve Non-Budgeted Fund Transfers G. Authorize Expenditure for Perkins Ave Storm Sewer Extension H. Approve Pay Request#9 FINAL—Hardrives—in the.Amount of $74,804.63 Councilmember Runk, seconded by Councilmember Liljegren, moved to approve the Consent Agenda. Roll call vote taken. Carried 4-0. V. Public Hearings:None VI. Old Business: None VII. New Business: A. Approve Resolution Accepting Donations for 2016 Party in the Park: Councilmember Runk, seconded by Councilmember Liljegren, moved to approve the Resolution. Roll call vote taken. Carried 4-0. B. Set Date and Approve Notice for Assessment Public Hearing—64th, 65cn and Ozark Ave. Streets and Improvements: Councilmember Runk, seconded by Councilmember Liljegren, moved to approve the Resolution. Roll call vote taken. Carried 4-0. C. Historic District Signage—Letter to MNDOT: Councilmember Dougherty, seconded by Councilmember Liljegren, moved to approve sending the letter to MNDOT as presented. Carried 4-0. D. Oak Park Crossin - Pavilions: Councilmember Runk, seconded by Councilmember Liljegren, moved to approve the purchase of hexagon shelters with a cupola. Carried 4-0. E. Discussion of_Party in the Park: Councilmember Dougherty, seconded by Councilmember Runk,moved to move the Party in the Park to June in 2017, do joint celebration for 160th anniversary of platting of Oak Park, and put an article in the newsletter. Carried 4-0. VIII. Other Council Items or Announcements: None 9 of 200 City Council Agenda packet for 9-13-16 City Council Meeting Minutes August 15, 2016 Page 3 of 3 TX. Adjournment Councilmember Runk, seconded by Councilmember Liljegren, moved to adjourn at 7:31 p.m. Carried 4-0. Respectfully submitted, Approved as to Content and Form, Jennifer Pinski Mary McComber City Clerk Mayor 10 of 200 City Council Agenda packet for 9-13-16 Oak Park Heights Request for Council Action Meeting Date September 13d%2016 Time Required: 1 Minute Agenda Item Title: CSAH 23 —Water Main Offset—Chane Order Agenda Placement Consentenda Originating Department/Request c ohnso C' Administrator Requester's Signature Action Requested AWrove C e Order-Water Main Offset—Paris Ave/CSAH 23 Project. Background/Justification(Pl indicate if any previous action has been taken or if other public bodies have advised): In 2015,Oak Park Heights replaced an existing water main running west-to-east on 62nd Street North crossing CSAH 23(Beach Road/Paris Avenue)along the south side of the intersection.As part of the CSAR 23 construction project,the County planned for a storm sewer pipe to run south-to-north along the west side of CSAR 23 and through the 62nd Street intersection. During excavation, Hydrocon (storm sewer subcontractor) discovered that the water main was in the path of the storm pipe. Record drawings show that the water main was installed at a depth of 8 feet below existing grade; however, the County's surveyor determined the top of pipe to be app. 12.5 inches higher than shown in the record drawings or app.7 feet below existing grade. Hydrocon was unable to adjust the slope of the storm pipe so that it would not interfere with the water main. The County has asked the City to participate in a 50-550%cost sharing of this adjustment of$9,518.74 or(;4,759.37 each) and would include the installation of an"OFF-SEI'. The City has reached out to its contractor(A-1)and inquired about the error in the depth by the 12.5".Lucas Miller from STANTEC has verified a number of other locations to ensure there are not-other installation depth issues.This depth is not a material concern for the City as it meets the requirements for insulative cover. Despite these assurances,the City's contractor has been asked to pay(or reimburse)for this discrepancy to the City and has agreed to do so.The City will see a credit in the final settlement of casts with A-1 for$4,759.37 Staff would recommend the payment of the$4,759.37—however please note the following: Issues: 1. The City has not warrantied,nor was required to warranty any particular depths or locations of its utilities in this area for County purposes as these either lie in City Right or Way or are located in public ways prior to the establishment of COUNTY ROW.The City did provide all the information it had.That said,the City's facilities are in place via a dedicated authority, versus a County permit.As such the City was 1 or is 1 not under an obligation to move or alter its facilities. Although it certainly may do so as a possible partnership. 2. As the project manager and owner, it remains the County's role to ensure reasonable pre-inspection or surveying to affirm locations.To be fair,it is likely an issue that would be difficult to understand prior to excavation. 11 of 200 City Council Agenda packet for 9-13-16 Work Order Page 1 of 2 STATE AID FOR LOCAL TRANSPORTATION WORK ORDER FOR MINOR EXTRA WORK City/County of Washington County Public Works Work Order No. FEDERAL PROJECT NO. STATE PROJECT NO. LOCAL PROJECT NO. CONTRACT NO. SAP 082-623-009 SAP 082-623-009 10236 CONTRACTOR NAME AND ADDRESS LOCATION OF WORK Arnt Construction 2190 Phelps Rd. TOTAL WORK ORDER AMOUNT Hugo, MN 55038 $9,518.73 In accordance with the terms of this Contract,you are hereby authorized and instructed to perform the work as altered by the following provisions. ISSUE: In 2015, Oak Park Heights replaced an existing water main running west-to-east on 62nd Street North crossing CSAH 23(Beach Road/Paris Avenue)along the south side of the intersection.As part of the CSAR 23 construction project, the County planned for a storm sewer pipe to run south-to-north along the west side of CSAH 23 and through the 62nd Street intersection. During excavation, Hydrocon (storm sewer subcontractor) discovered that the water main was in the path of the storm pipe. Record drawings show that the water main was installed at a depth of 8 feet below existing grade; however,the County's surveyor determined the top of pipe to be app. 12.5 inches higher than shown in the record drawings or app. 7 feet below existing grade. Hydrocon was unable to adjust the slope of the storm pipe so that it would not interfere with the water main. RESOLUTION: The water main needs to be offset to provide clearance between the water main and storm pipe. The cost for the water main offset will be a 50150 split between the County and the City of Oak Parts Heights. This contract change supplements the above-referenced contract and shall be performed pursuant to the terms and conditions of that contract. Unless specifically amended herein, all other terms and conditions of the above- referenced contract shall remain in full force and effect. COST BREAKDOWN Item No. Item Unit Unit Price I Quantity JAmount Funding Category No.001 2504.602 IWATERMAIN OFFSET EACH 1 $9,518.731 0.5 1 $4,759.37 Funding Category No.001 Total: $4,759.37 Funding Category No.002 2504.602 WATERMAIN OFFSET EACH 1 $9,518.731 0.5 $4,759.37 Funding Category No.002 Total: $4,759.37 Work Order No.2 Total: $9,518.74 *Funding category is required for federal projects. Approved By Project Engineer. Cory Slagle Approved By Contractor: Amt Construction Signed Signed Date: Phone: (651)430.4337 Date: Phone: (651)426-1296 12 of 200 City Council Agenda packet for 9-13-16 http://tpd-02/RtAEC/Reports/rpt WorkOrder.asp?changeorderid=610 8/8/2016 Work Order Page 2 of 2 Original to Project Engineer; Copy to Contractor Once contract has been fully executed,forward a copy to DSAS for funding review: The State of Minnesota is not a participant in this contract;signing by the District State Aid Engineer is for FUNDING PURPOSES ONLY. Reviewed for compliance with State and Federal Aid Rules/Policy. Eligibility does not guarantee funds will be available. This project is eligible for: Federal Funding State Aid Funding Local funds District State Aid Engineer: Date: 13 of 200 City Council Agenda packet for 9-13-16 h4://tpd-02/RtAEC/Reports/rpt WorkOrder.asp?cbmgeorderid={10 8/8/2016 Oak Park Heights Request for Council Action Meeting Date S ber 13m 2016 Time Required: 1 Minutes Agenda Item Title: M-astc_r Subscriber Agreement and MGA Request Form- Rauest from the City Attorney_. Agenda Placement Consent A e Originating DepartmentlReqjr61ri/loh�nson. Administrator Requester's Signature Action Requested Approve ter Subscriber Agreement and MGA Request Form. Background/Justification(Ple a indicate if any previous action has been taken or if other public bodies have advised): The City has received a request from the City Attorney's office to again execute a Master Subscriber Agreement. This Agreement would allow and permit the Attorney's office to access public data and documents that related to court proceedings as well as information specific cases and reports. The City must authorize this accesses via Subscriber Agreement with the State of Minnesota and on which outlines how this data may be used and accessed. These agreements are essentially renewals of prior agreements and programs. Please also see the enclosed letter dated August 12'', 2016 from Eckberg-Lammers Attorney Thomas Weidner. 14 of 200 City Council Agenda packet for 9-13-16 ECKBERG www.eckberglammers.com LERS Writer's Direct Dial: FATO (651)351-2114 ATTORNEYS AT LAW Writer's E-mail: fweidner*eckberglam mers.com Reply to Stillwater August 12, 2016 City of Oak Park Heights Attn: City Administrator 14168 Oak Park Blvd.N PO Box 2007 Stillwater, MN 55082 Re: New State Required MGA Program as of August 1,2016 Dear Administrator: The State of Minnesota implemented a new document access program, "New MGA", as of August 1, 2016. The "New MGA"program provides us with the same information as the former program, Odyssey. The change of programs requires a new portal access. The change in portal access for the "New MGA"requires new applications be completed by the City for the New MGA program before our office can access the information. Please place these documents on your next council agenda for approval: Master Subscriber Agreement and New MGA Request Form. Once approved,we respectfully request your signature, as well as the Mayor's on each and return to our office. Our office will then submit the application on your behalf. Please note that the access provided by this program is essential to prosecute criminal cases on behalf of your city. The information accessed includes court information regarding a defendant's past criminal charges, convictions and dispositions. Also enclosed please find an Overview of the new Required Minnesota Government Access Program for your reference. If you have any questions,please feel free to contact my office. Si e y, �� ' Thomas- . Weidner TJW Enclosures Stillwater Office Hudson Office 1809 Northwestern Avenue 430 Second Street Stillwater, MN 55082 Hudson,WI 54016 Phone:651-439-2878 Phone:715-386-3733 Fax:651-439-2923 Fax:715-386-6456 15 of 200 City Council Agenda packet for 9-13-16 ffi C � c r W -a E cm Q Q = Q Q r,Mr V U O Q v U Z Z 0 Z Z O CL w N C O � r CO Q C .O C C] Q O Z Z iia Z 'Q c N v O c U V) v � � c c75 } a c v7 a, 0. ca U CO) 75 U dO m CDO U _ _ U m dCL CL N Q c c co a c u �; m0 0 0 0 0 ,'3_ c ca a� o U U Q U U U U U C� p O �- w E n co c v� = t�► v n .0 0 c a) ¢ :o. u 2 ca n o E1Eac o LD o " � Go - o'E w m m aa) 4) -2 L v v a CalO Ln -2c = ro ' s 0 - 49w V3W n w acnoi �4ar V}S2 cU dQ N c d N a = 7 N V U o7! C 5 E C •C T T T . 4) C C C C U) U U o U U V U z Z 0) ai o U •d W � W � v C a M � A2 d E y o z Z¢ • A v (�fn U co = Q 05 CnECU N C . V ad O a7 w 0 a) E N U E m N U U 0 CV � ; •C C y C C C C C C Q C.O U r L "= .w E O O O O O O D m + c' d 7 a .� V ccqi U U U U U U ui C� c _� 5 0 3 Mi U O J� C C _U CL q C N C N 4) Z 4Ci .E_ S N U to C L IQ fa fn N O a) a) d _ C ..+ CO � G(D CL E cz C � M.07 O N 3 437 N C 47 7E y j p = C M C Q Cn Cn C!] C/] Cn 00 "�C Q Il U d U 7 Ia O cn caO L. 0 7 a a 7 7 C W Lp E d 2 p < Q 07 U •O Q cv aca A A o J 16 of 200 Cit ouncil Rid acket for 9-11-16 Handout eCourtMN A Minnesota Judicial Branch Minnesota Government Access ("New MGA") skills,tools,and lmowledgeonour way toapaperlesscourt Confidential document Access Overview ➢ The Minnesota district court case record and document access available to government subscribers in New Minnesota Government Access ("New MGA") is outlined on the New MCA Subscriber Access Overview. Refer to this document for information about confidential case access and confidential document access in confidential cases (confidential orders, notices, pleadings). ➢ The State Court Administrator has authorized access to additional specific confidential documents for designated government subscribers in certain case types, based on the Rules of Public Access to Records of the Minnesota Judicial Branch, as follows: Adult Criminal/Traffic Case:, Confidential Document/Case Event Designated Government Subscribers Bail Study Community Work Service Report Conditional Release Violation Report • County Attorney Detention Report • Public Defender Domestic Abuse Evaluation Report • Corrections/Probation Placement Recommendation Report • City Attorney Police/Incident Report Predisposition Investigation Report Pre-Plea Worksheet Presentence Investigation Report Pretrial Agency Report Probation Agreement Probation Recommendation Probation Violation Report Probationary Sanction Progress Report—Staggered Sentence Proof of Insurance Proof of Insurance—Not Acceptable Proposed Probation Violation Summons/Warrant Rule 20 Evaluation Report Sentencing Worksheet Sentencing Worksheet-EJJ Victim Impact Statement few MGA Con:';der tial Gocurnent Acces> page 1. Rev.5/31/2.0.1.6 17 of 200 City Council Agenda packet for 9-13-16 ACCESS TO CASE RECORDS OF THE MINNESOTA JUDICIAL BRANCH ►Do-►►►►►►►►►►►►►► GOVERNMENT ACCESS Minnesota Government Access(MGA)l MIN ..vi�� �.Yr;% 7� . �l��IML BRANCH Request Form for Minnesota Government Access (MGA) Login Account Copyright(P 2005-2014 by the State of Minnesota,State Court Administrator's Office,All Rights Reserved. Instructions1. • Applicar Minnesota Government Access("MGA")provides electronic access to appropriate court records and documents for a govemment agency through login accounts for the individual agency users. MGA is an Internet browser-based application that requires no installation. This Request Form is intended for an entire government agency,not an Individual user. Use this form to make the initial request for the new user accounts for the agency; not to make changes to an existing account. Only one agency may apply per form. Complete this entire form. You may clearly print,type,or complete electronically. Tip: This is a Microsoft`Word document. To complete this form electronically: 1)save to your computer, 2)press Tab to fill out the form fields,3)save and attach to e-mail submission. 2. Applicant Information (ALL FIELDS ARE REQUIRE! Today's Date: County/City/State Agency: Mailing Address: City of Oafs Park Heights 14168 Oak Park Boulevard North,P.O.Box 2007 NOTE:Identify your agency name as it is written on the front page of the Master Subscriber Agreement attached to this request If you Oak Park Heights,MN 55082 are creating a new agreement,identify your agency name at its highest level,such as Anoka County Attorney's Office,City of County(If Statewide Agency,enter"State"): Willmar,or Minnesota Department of Public Safety. Washington Agency Account Manager (Agency Contact) Agency Df rector/Manager Authorizing Request(if different than Agency Account Manager) Name: Eric Johnson Name: PositionlTitle: City Administrator PositionlTitle: Phone: 651-439-4439 Phone: E-mail: eajohnson@cltyofoakparkheights.com E-mail: 3. Individual User AcCOUnt • • Individual users(authorized employees,contractors,student attorneys)will have individual logins and passwords for MGA.All authorized individual users in your agency who will be using MGA must register for an MGA user account before this request is submitted. • Attach a completed Court Administrative Tool(CAT)that lists all user information to this request. NOTE:The signed,attached Master Subscriber Agreement requires that you keep a record of everyone who will be given access to an MGA account. All authorized individual users in your agency who will be using MGA must complete an Individual User Acknowledgment Form before this request is submitted. Please provide a copy of all signed Individual User Acknowledgement Forms with this request. NOTE:The signed,attached Master Subscriber Agreement requires that all individual users sign the User Acknowledgment Forms prior to using MGA and that you keep a record of all User Acknowledgment Forms. Revised October 2,2014(ITD_SP_0371g) Page of 2 18 of 200 City Council Agenda packet for 9-13-16 ACCESS TO CASE RECORDS OF THE MINNESOTA JUDICIAL BRANCH ►►►►►►►►►►►►►►►► GOVERNMENT ACCESS i Minnesota Govemment Access(MGA) r � This request F fi ,4 subs"itted In cur iecliuo wi1Yr rrl n'-21-N pad ref ere rnoss r!; ten? Mas ec Agreement executed by the Applicant anti 1tv. -d,e An indivrdLal au_ hcnzed :o s.g_ on hehsl`of and h rid the governme-i;agency to vwniten signs uncles the Appl•can° signature block below APPLICANT to"T# By: By: (signature) (signature) Date: Data: Name: Eric Johnson Name: (typed) (typed) Title: City Administrator Title: Office: Oak Park Heights City Hall Office: 6. Submissio This Request Form and all required attachments should be emailed toGSAreoeivincttiaitsp.courts.state.mn.us. Revised October 2,2014(ITD_SP_0371 g) Page 2 of 2 19 of 200 City Council Agenda packet for 9-13-16 MASTER SUBSCRIBER AGREEMENT FOR MINNESOTA COURT DATA SERVICES FOR GOVERNMENTAL AGENCIES THIS AGREEMENT is entered into by and between City of Oak Park Heights (Govemment Subscriber Nwne) of 14168 Oak Park Boulevard North, P.O. Box 2007, Oak Park Heights, MN 55082 ------------ --------------------------- (Gor�ernment Subscri-ls- - er Address) (hereinafter "Government Subscriber")and THE STATE OF MINNESOTA Office of State Court Administration of 25 Rev.Dr.Martin Luther King Jr. Blvd. St.Paul,Minnesota 55155 s (hereinafter "the Court"). Recitals The Court offers Court Data Services, as defined herein, to Minnesota Government Subscribers as authorized by the Rules of Public Access and Court Order. The Court Data Services are offered to Government Subscribers as governmental units and are offered solely for certain governmental use as permitted herein. Government Subscriber desires to use Court Data Services, and the Court desires to provide the same, to assist Government Subscriber in the efficient performance of its goveriiinental duties as required or authorized by law or court rule in connection with any civil, criminal, administrative, or arbitral proceeding in any Federal, State or local court or agency or before any self-regulatory body. Court Data Services are defined in the Definitions section of this Agreement and may involve a one-way or two-way transmission of information between the parties, some of which may include court information that is not accessible to the public pursuant to the Rules of Public Access and which may not be disclosed by Government Subscriber without the prior approval of the appropriate court or record custodian. Government Subscriber agrees herein to limit its access to and use of Court Records and Court Documents through Court Data Services to the Government Subscriber's"Legitimate Governmental Business Need"as defined herein. NOW, THEREFORE, in consideration of the mutual covenants, promises and agreements contained herein,the Court and Government Subscriber agree as follows: 1. TERM; TERNIINATION; ONGOING OBLIGATIONS. 1.1 Term. This Agreement shall be effective on the date executed by the Court and shall remain in effect according to its terms. Master Subscriber Agreement for Minnesota Court Data Services for Governmental Agencies—Revised September 29,2015 Page 1 of 14 20 of 200 City Council Agenda packet for 9-13-16 1.2 Termination. 1.2.1 Either party may terminate this Agreement with or without cause by giving written notice to the other party. The effective date of the termination shall be thirty (30) days after the other party's receipt of the notice of termination, unless a later date is specified in the notice. Termination of this Agreement pursuant to Clause 4.5 shall be effective immediately and may occur without prior notice to Government Subscriber. 1.2.2 The provisions of Clauses 5, 6, 8, 9, 10, 12.2, 12.3 and 15 through 24 shall survive any termination of this Agreement, as shall any other provisions that by their nature are intended or expected to survive such termination. Upon termination, the Government Subscriber shall perform the responsibilities set forth in paragraph 8.6 hereof. 1.3 Subsequent Agreement. This Agreement may be superseded by a subsequent agreement between the parties. 2. DEFINITIONS. 2.1 "Agency Account Manager"means the Government Subscriber employee assigned with the tasks of. (1) being the point of contact for communications between Government Subscriber and the Court; (2) maintaining a current list Government Subscriber's Individual Users and their signed User Acknowledgment Forms and promptly notifying the Court when Government Subscriber's Individual Users with individual logins should have accounts added or deleted; (3) reporting violations of this agreement by Government Subscriber's Individual Users and steps taken to remedy violations to the Court. 2.2 "Court Data Services" means one or more of the following services and includes any additional or modified services identified as such on the Justice Agency Resource webpage of the Minnesota Judicial Branch website, which is currently www.mncourts.gov, or other location designated by the Court and/or its affiliates, as the same may be amended from time to time by the Court and/or its affiliates: 2.2.1 `Bulk Data Delivery"means the electronic transmission of Court Records in bulk form from the Court to the Government Subscriber, from one or more of the Court's databases and through any means of transmission, as described in applicable Policies&Notices and materials referenced therein. 2.2.2 "Court Integration Services" means pre-defined automated transmissions of i) Court Records from the Court's computer systems to Government Subscriber's computer systems; and/or ii) Government Subscriber Records from the Government Subscriber's computer systems to the Court's computer systems; on a periodic basis or as triggered by pre-determined events, as described in applicable Policies&Notices and materials referenced therein. 2.2.3 "MNCIS Login Accounts" means a digital login account created for and provided to the Government Subscriber for online access to and use of Court Records and Court Documents maintained by the Minnesota Court Master Subscriber Agreement for Minnesota Court Data Services for Governmental Agencies—Revised September 29,2015 Page 2 of 14 21 of 200 City Council Agenda packet for 9-13-16 Information System ("MNCIS"), as described in applicable Policies & Notices and materials referenced therein. 2.3 "Court Data Services Databases" means any databases and the data therein, used as a source for Court Data Services,together with any documentation related thereto, including without limitation descriptions of the format or contents of data, data schemas, and all related components. 2.4 "Court Data Services Programs" means any computer application programs, routines, transport mechanisms, and display screens used in connection with Court Data Services,together with any documentation related thereto. 2.5 "Court Records" means all information in any form made available by the Court and/or its affiliates to Government Subscriber for the purposes of carrying out this Agreement,including: 2.5.1 "Court Case Information"means any information in the Court Records that conveys information about a particular case or controversy, including without limitation Court Confidential Case Information and Court Documents, as defined herein. 2.5.2 "Court Confidential Case Information" means any information in the Court Records (including Court Documents)that is inaccessible to the public pursuant to the Rules of Public Access and that conveys information about a particular case or controversy. 2.5.3 "Court Confidential Security and Activation Information" means any information in the Court Records that is inaccessible to the public pursuant to the Rules of Public Access and that explains how to use or gain access to Court Data Services, including but not limited to login account names, passwords, TCP/IP addresses, Court Data Services user manuals, Court Data Services Programs, Court Data Services Databases, and other technical information. 2.5.4 "Court Confidential Information" means any information in the Court Records that is inaccessible to the public pursuant to the Rules of Public Access, including without limitation both i) Court Confidential Case Information; and ii)Court Confidential Security and Activation Information. 2.5.5 "Court Documents" means electronic images of documents that are part of or included in a court file. 2.6 "DCA" means the District Court Administrator pursuant to Minnesota Statutes, section 485.01. 2.7 "Government Subscriber Records" means any information in any form made available by the Government Subscriber to the Court and/or its affiliates for the purposes of carrying out this Agreement. 2.8 "Government Subscriber's Individual Users" means Government Subscriber's employees or independent contractors whose use or access of Court Data Services, Master Subscriber Agreement for Minnesota Court Data Services for Governmental Agencies—Revised September 29, 2015 Page 3 of 14 22 of 200 City Council Agenda packet for 9-13-16 as well as the access, use and dissemination of Court Records (including Court Documents), is necessary to effectuate the purposes of this Agreement. 2.9 "Legitimate Governmental Business Need" means a requirement, duty or obligation for the efficient performance of governmental tasks or governmental responsibilities and as required or authorized by law or court rule in connection with any civil, criminal, administrative, or arbitral proceeding in any Federal, State or local court or agency or before any self-regulatory body. 2.10 "Policies & Notices" means the policies and notices published by the Court and/or its affiliates in connection with each of its Court Data Services, on a website or other location designated by the Court and/or its affiliates, as the same may be amended from time to time by the Court and/or its affiliates. Policies & Notices for each Court Data Service, hereby made part of this Agreement by reference, provide additional terms and conditions that govern Government Subscriber's use of such services, including but not limited to provisions on fees, access and use limitations, and identification of various third party applications, such as transport mechanisms, that Government Subscriber may need to procure separately to use Court Data Services. 2.11 "Rules of Public Access" means the Rules of Public Access to Records of the Judicial Branch promulgated by the Minnesota Supreme Court, as the same may be amended from time to time, including without limitation lists or tables published from time to time by the Court and/or the SCAO entitled "Limits on Public Access to Case Records" or "Limits on Public Access to Administrative Records," all of which by this reference are made a part of this Agreement. It is the obligation of Government Subscriber to check from time to time for updated rules, lists, and tables and be familiar with the contents thereof. Such rules, lists, and tables are posted on the main website for the Court, for which the current address is www.mncourts.gov. 2.12 "SCAO"means the State of Minnesota, State Court Administrator's Office. 2.13 "This Agreement" means this Master Subscriber Agreement for Minnesota Court Data Services for Governmental Agencies, including all Exhibits, Policies & Notices, and other documents referenced, attached to, or submitted or issued hereunder. 2.14 "Trade Secret Information of SCAO and its licensors" is defined in sections 8.1, 8.2 and 8.4 of this Agreement. 2.15 "User Acknowledgement Form" means the form signed by Government Subscriber's Individual Users to confirm in writing that the Individual User has read and understands the requirements and restrictions in this Agreement(Exhibit A). 3. DATA ACCESS SERVICES PROVIDED TO GOVERNMENT AGENCY. Following execution of this Agreement by both parties, Government Subscriber will be offered access to the Court Records (including Court Documents) described in the Government Subscriber Access Chart,which is posted on the Policies&Notices. Master Subscriber Agreement for Minnesota Court Data Services for Governmental Agencies—Revised September 29,2015 Page 4 of 14 23 of 200 City Council Agenda packet for 9-13-16 4. AUTHORIZED ACCESS, USE, AND DISSEAUNATION OF COURT DATA SERVICES AND COURT RECORDS LEMMD; TRAINING; VIOLATIONS; SANCTIONS. 4.1 Authorized Access to Court Data Services and Court Records. 4.1.1 Government Subscriber and Government Subscriber's Individual Users shall access only the Court Data Services and Court Records (including Court Documents)necessary for a Legitimate Governmental Business Need. 4.1.2 The access of Court Data Services or Court Records (including Court Documents) by Government Subscriber or Government Subscriber's Individual Users for personal or non-official use, or any use that is not a "Legitimate Governmental Business Need"as defined herein, is prohibited. 4.1.3 Government Subscriber and Government Subscriber's Individual Users shall not access or attempt to access Court Data Services or Court Records (including Court Documents) in any manner not set forth in this Agreement, Policies&Notices,or other Court Data Services documentation. 4.2 Authorized Use of Court Data Services and Court Records. 4.2.1 Government Subscriber and Government Subscriber's Individual Users shall use the Court Data Services and Court Records (including Court Documents) accessed only for a Legitimate Governmental Business Need and according to the instructions provided in corresponding Policies & Notices or other materials. 4.2.2 The use of Court Data Services or Court Records (including Court Documents) by Government Subscriber or Government Subscriber's Individual Users for personal or non-official use, or any use that is not a "Legitimate Governmental Business Need"as defined herein, is prohibited. 4.2.3 Government Subscriber and Government Subscriber's Individual Users shall not use or attempt to use Court Data Services or Court Records (including Court Documents) in any manner not set forth in this Agreement, Policies & Notices, or other Court Data Services documentation. 4.3 Dissemination of Court Records. Government Subscriber and Government Subscriber's Individual Users shall not share the Court Records (including Court Documents) accessed and data therefrom with third parties and other individuals other than as needed to further a Legitimate Governmental Business Need. 4.4 Training. Government Subscriber shall provide Government Subscriber's Individual Users training in the proper access, use, and dissemination of Court Records (including Court Documents). 4.5 Violations. 4.5.1 The access, use, or dissemination of Court Data Services or Court Records (including Court Documents) beyond what is necessary for a Legitimate Master Subscriber Agreement for Minnesota Court Data Services for Governmental Agencies—Revised September 29,2015 Page 5 of 14 24 of 200 City Council Agenda packet for 9-13-16 Governmental Business Need by Government Subscriber or Government Subscriber's Individual Users is a violation of this Agreement. The access, use or dissemination of Court Data Services or Court Records (including Court Documents) by Government Subscriber or Government Subscriber's Individual Users for personal use is a violation of this Agreement. 4.5.2 Any violation pursuant to Clause 4.5.1, or any unauthorized or attempted access, use or dissemination of Court Data Services, Court Records or Court Documents by Government Subscriber or Government Subscriber's Individual Users shall be grounds for the Court to impose sanctions as described in Clause 4.6 and to terminate this Agreement without prior notice to Government Subscriber and/or Government Subscriber's Individual Users. 4.6 Sanctions. 4.6.1 Sanctions for a violation pursuant to Clause 4.5.1 may be imposed upon a Government Subscriber and/or Government Subscriber's Individual Users and may include the suspension of access or termination of access for Government Subscriber and/or Government Subscriber's Individual Users. 4.6.2 If the Court decides to terminate the access for Government Subscriber and/or Government Subscriber's Individual Users,the Court shall notify the affected party in writing. The termination shall be effective immediately. Prior notice to Government Subscriber and/or Government Subscriber's Individual Users is not required. Reinstatement of the access shall only be upon the written direction of the Court. 5. GUARANTEES OF CONFIDENTIALITY. Government Subscriber agrees: 5.1 To not disclose Court Confidential Information to any third party except where necessary to carry out the Government Subscriber's Legitimate Governmental Business Need as defined in this Agreement. 5.2 To take all appropriate action, whether by instruction, agreement, or otherwise, to insure the protection, confidentiality and security of Court Confidential Information and to satisfy Government Subscriber's obligations under this Agreement. 5.3 To limit the use of and access to Court Confidential Information to Government Subscriber's Individual Users. Government Subscriber shall advise Government Subscriber's Individual Users of the restrictions upon access, use and disclosure contained in this Agreement, requiring each Government Subscriber's Individual User to acknowledge in writing that the individual has read and understands such restrictions. Government Subscriber's Individual Users shall sign the User Acknowledgment Form(Exhibit A)before accessing Court Data Services. 5.4 That, without limiting Clause 1 of this Agreement, the obligations of Government Subscriber and Government Subscriber's Individual Users with respect to the confidentiality and security of Court Confidential Information shall survive the termination of this Agreement and the termination of their relationship with Government Subscriber. Master Subscriber Agreement for Minnesota Court Data Services for Governmental Agencies—Revised September 29, 2015 Page 6 of 14 25 of 200 City Council Agenda packet for 9-13-16 51.51 That, notwithstanding any federal or state law applicable to the nondisclosure obligations of Government Subscriber and Government Subscriber's Individual Users under this Agreement, such obligations of Government Subscriber and Government Subscriber's Individual Users are founded independently on the provisions of this Agreement. 5.6 That, a violation of Government Subscriber's agreements contained in this Clause 5, or a violation of those same agreements by Government Subscriber's Individual Users, shall be grounds for the Court to terminate this agreement and Government Subscriber and/or Government Subscriber's Individual Users access to Court Data Services and Court Records(including Court Documents). 6. APPLICABILITY TO COURT CASE INFORMATION PROVIDED UNDER LEGAL MANDATE AND PREVIOUSLY DISCLOSED COURT RECORDS AND COURT DOCUMENTS. Subscriber acknowledges and agrees: 6.1. Court Case Information Provided Under Legal Mandate. When the Court is required to provide Government Subscriber with Court Case Information under a legal mandate and the provision of such data by the Court is not optional or otherwise left to the discretion of the Court, for example in the case of a state statutory reporting requirement, the provisions of this Agreement that govern or restrict Government Subscriber's access to and use of Court Case Information do not apply to the specific data elements identified in the legal mandate, but remain in effect with respect to all other Court Case Information provided by the Court to Government Subscriber. All other provisions of this Agreement remain in full effect, including, without limitation, provisions that govern or restrict Government Subscriber's access to and use of Court Confidential Security and Activation Information. 6.2 Previously Disclosed Court Records and Court Documents. Without limiting section 6.1, all Court Records and Court Documents disclosed to Government Subscriber prior to the effective date of this Agreement shall be subject to the provisions of this Agreement. 7. ACKNOWLEDGMENT BY INDIVIDUALS WITH ACCESS TO COURT RECORDS UNDER THIS AGREEMENT. 7.1 Requirement to Advise Government Subscriber's Individual Users. To affect the purposes of this Agreement, Government Subscriber shall advise each of Government Subscriber's Individual Users who are permitted to use and/or access Court Data Services and Court Records (including Court Documents) under this Agreement of the requirements and restrictions in this Agreement. 7.2 Required Acknowledgement by Government Subscriber's Individual Users. 7.2.1 Government Subscriber shall require each of Government Subscriber's Individual Users to sign the User Acknowledgement Form (Exhibit A). 7.2.2 The User Acknowledgement Forms of current Government Subscriber's Individual Users must be obtained prior to submitting this Agreement to the Master Subscriber Agreement for Minnesota Court Data Services for Governmental Agencies—Revised September 29,2015 Page 7 of 14 26 of 200 City Council Agenda packet for 9-13-16 Court for approval and shall accompany the submission of this Agreement for approval. 7.2.3 Until the User Acknowledgement Form required in Clause 7.2.1 is signed, a Government Subscriber's Individual User is prohibited from accessing, using or disseminating Court Data Services and Court Records (including Court Documents). The access, use or dissemination of Court Data Services or Court Records (including Court Documents) by a Government Subscriber's Individual User that has not completed a User Acknowledgement Form as required in Clause 7.2.1 is a violation of this Agreement. 7.2.4 Government Subscriber shall keep all such written User Acknowledgment Forms on file while this Agreement is in effect and for one (1) year following the termination of this Agreement. Government Subscriber shall promptly provide the Court with access to, and copies of, such acknowledgements upon request to the Agency Account Manager. 7.2.5 The User Acknowledgment Forms are incorporated herein by reference. 8. LICENSE AND PROTECTION OF PROPRIETARY RIGHTS. During the term of this Agreement, subject to the terms and conditions hereof, the Court, with the permission of the SCAO, hereby grants to Government Subscriber a nonexclusive, nontransferable, limited license to use Court Data Services Programs and Court Data Services Databases to access or receive Court Records (including Court Documents). SCAO and the Court reserve the right to make modifications to the Court Data Services, Court Data Services Programs, and Court Data Services Databases, and related materials without notice to Government Subscriber. These modifications shall be treated in all respects as their previous counterparts. 8.1 Court Data Services Programs. SCAO is the copyright owner and licensor of the Court Data Services Programs. The combination of ideas, procedures, processes, systems, logic, coherence and methods of operation embodied within the Court Data Services Programs, and all information contained in documentation pertaining to the Court Data Services Programs, including but not limited to manuals, user documentation, and passwords, are trade secret information of SCAO and its licensors. 8.2 Court Data Services Databases. SCAO is the copyright owner and licensor of the Court Data Services Databases and of all copyrightable aspects and components thereof. All specifications and information pertaining to the Court Data Services Databases and their structure, sequence and organization, including without limitation data schemas such as the Court XML Schema, are trade secret information of SCAO and its licensors. 8.3 Marks. Government Subscriber shall neither have nor claim any right, title, or interest in or use of any trademark used in connection with Court Data Services, including but not limited to the marks"MNCIS"and"Odyssey." 8.4 Restrictions on Duplication,Disclosure,and Use. 8.4.1 Trade secret information of SCAO and its licensors will be treated by Government Subscriber in the same manner as Court Confidential Master Subscriber Agreement for Minnesota Court Data Services for Governmental Agencies—Revised September 29,2015 Page 8 of 14 27 of 200 City Council Agenda packet for 9-13-16 Information. In addition, Government Subscriber will not copy any part of the Court Data Services Programs or Court Data Services Databases, or reverse engineer or otherwise attempt to discern the source code of the Court Data Services Programs or Court Data Services Databases, or use any trademark of SCAO or its licensors, in any way or for any purpose not specifically and expressly authorized by this Agreement. As used herein, "trade secret information of SCAO and its licensors" means any information possessed by SCAO which derives independent economic value from not being generally known to, and not being readily ascertainable by proper means by, other persons who can obtain economic value from its disclosure or use. "Trade secret information of SCAO and its licensors" does not, however, include information which was known to Government Subscriber prior to Government Subscriber's receipt thereof, either directly or indirectly, from SCAO or its licensors, information which is independently developed by Government Subscriber without reference to or use of information received from SCAO or its Iicensors, or information which would not qualify as a trade secret under Minnesota law. 8.4.2 It will not be a violation of Clause 8.4 for Government Subscriber to make up to one (1) copy of training materials and configuration documentation for each individual authorized to access, use, or configure Court Data Services, solely for its own use in connection with this Agreement. 8.4.3 Government Subscriber will take all steps reasonably necessary to protect the copyright, trade secret, and trademark rights of SCAO and its licensors and Government Subscriber will advise Government Subscriber's Individual Users who are permitted access to any of the Court Data Services Programs and Court Data Services Databases, and trade secret information of SCAO and its licensors, of the restrictions upon duplication, disclosure and use contained in this Agreement. 8.5 Proprietary Notices. Government Subscriber will not remove any copyright or proprietary notices included in and/or on the Court Data Services Programs or Court Data Services Databases, related documentation, or trade secret information of SCAO and its licensors, or any part thereof, made available by SCAO or the Court, and Government Subscriber will include in and/or on any copy of the Court Data Services Programs or Court Data Services Databases, or trade secret information of SCAO and its licensors and any documents pertaining thereto, the same copyright and other proprietary notices as appear on the copies made available to Government Subscriber by SCAO or the Court, except that copyright notices shall be updated and other proprietary notices added as may be appropriate. 8.6 Title; Return. The Court Data Services Programs and Court Data Services Databases, and related documentation, including but not limited. to training and configuration material, if any, and logon account information and passwords, made available by the Court and SCAO to Government Subscriber hereunder, and all copies, including partial copies,thereof are and remain the property of the respective licensor. Within ten days of the effective date of termination of this Agreement, Government Subscriber shall either: (i) uninstall and return any and all copies of the applicable Court Data Services Programs and Court Data Services Databases, and related documentation, including but not limited to training and configuration Master Subscriber Agreement for Minnesota Court Data Services for Governmental Agencies—Revised September 29,2015 Page 9 of 14 28 of 200 City Council Agenda packet for 9-13-16 materials, if any, and logon account information; or(2) destroy the same and certify in writing to the Court that the same have been destroyed. 8.7 Reasonable Security Measures. The Court may add reasonable security measures including,but not limited to, a time-out feature,to Court Data Services Programs. 9. INJUNCTIVE RELIEF; LIABILITY. Government Subscriber acknowledges that the Court, SCAO, SCAO's licensors, and DCA will be irreparably harmed if Government Subscriber's obligations under this Agreement are not specifically enforced and that the Court, SCAO, SCAO's licensors, and DCA would not have an adequate remedy at law in the event of an actual or threatened violation by Government Subscriber of its obligations. Therefore, Government Subscriber agrees that the Court, SCAO, SCAO's licensors, and DCA shall be entitled to an injunction or any appropriate decree of specific performance for any actual or threatened violations or breaches by Government Subscriber or Government Subscriber's Individual Users without the necessity of the Court, SCAO, SCAO's licensors, or DCA showing actual damages or that monetary damages would not afford an adequate remedy. Unless Government Subscriber is an office, officer, agency, department, division, or bureau of the state of Minnesota, Government Subscriber shall be liable to the Court, SCAO, SCAO's licensors, and DCA for reasonable attorney's fees incurred by the Court, SCAO, SCAO's licensors, and DCA in obtaining any relief pursuant to this Agreement. 10. COMPROMISE LIABILITY. Government Subscriber and the Court agree that, except as otherwise expressly provided herein, each party will be responsible for its own acts and the results thereof to the extent authorized by law and shall not be responsible for the acts of any others and the results thereof. Liability shall be governed by applicable law. Without limiting the foregoing, liability of the Court and any Government Subscriber that is an office, officer, agency, department, division, or bureau of the state of Minnesota shall be governed by the provisions of the Minnesota Tort Claims Act, Minnesota Statutes, section 3.376, and other applicable law. Without limiting the foregoing, if Government Subscriber is a political subdivision of the state of Minnesota, liability of the Subscriber shall be governed by the provisions of Minn. Stat. Ch. 466 (Tort Liability, Political Subdivisions) or other applicable law. 11. AVAILABILITY. Specific terms of availability shall be established by the Court and set forth in the Polices & Notices. The Court reserves the right to terminate this Agreement immediately and/or temporarily suspend Government Subscriber's approved Court Data Services in the event the capacity of any host computer system or legislative appropriation of funds is determined solely by the Court to be insufficient to meet the computer needs of the courts served by the host computer system. Monthly fees, if any, shall be prorated only for periods of suspension or upon termination of this Agreement. 12. ADDITIONAL USER OBLIGATIONS. The obligations of the Government Subscriber set forth in this section are in addition to the other obligations of the Government Subscriber set forth elsewhere in this Agreement. 12.1 Judicial Policy Statement. Government Subscriber agrees to comply with all policies identified in applicable Policies &Notices. Upon failure of the Government Subscriber to comply with such policies, the Court shall have the option of immediately suspending or terminating the Government Subscriber's Court Data Services on a temporary basis and/or immediately terminating this Agreement. Master Subscriber Agreement for Minnesota Court Data Services for Governmental Agencies—Revised September 29, 2015 Page 10 of 14 29 of 200 City Council Agenda packet for 9-13-16 12.2 Access and Use; Log. 12.2.1 Government Subscriber shall be responsible for all access to and use of Court Data Services and Court Records (including Court Documents) by Government Subscriber's Individual Users or by means of Government Subscriber's equipment or passwords,whether or not Government Subscriber has knowledge of or authorizes such access and use. 12.2.2 Government Subscriber shall also maintain a log identifying all persons to whom Government Subscriber has disclosed its Court Confidential Security and Activation Information, such as user ID(s) and password(s), including the date of such disclosure. Government Subscriber shall maintain such logs while this Agreement is in effect and for a period of one (1) year following termination of this Agreement. Government Subscriber shall promptly provide the Court with access to,and copies of, such logs upon request. 12.2.3 Government Subscriber, through the Agency Account Manager, shall promptly notify the Court when Government Subscriber's Individual Users with individual logins should have accounts added or deleted. Upon Government Subscriber's failure to notify the Court of these changes, the Court may terminate this Agreement without prior notice to Government Subscriber. 12.2.4 The Court may conduct audits of Government Subscriber's logs and use of Court Data Services and Court Records (including Court Documents) from time to time. Upon Government Subscriber's failure to maintain such logs, to maintain accurate logs, or to promptly provide access by the Court to such logs, the Court may terminate this Agreement without prior notice to Government Subscriber. 12.3 Personnel. Government Subscriber agrees to investigate (including conducting audits), at the request of the Court, allegations of misconduct pertaining to Government Subscriber's Individual Users having access to or use of Court Data Services, Court Confidential Information, or trade secret information of the SCAO and its licensors where such persons violate the provisions of this Agreement, Policies & Notices, Judicial Branch policies, or other security requirements or laws regulating access to the Court Records. Government Subscriber,through the Agency Account Manager, agrees to notify the Court of the results of such investigation, including any disciplinary actions, and of steps taken to prevent further misconduct. Government Subscriber agrees to reimburse the Court for costs to the Court for the investigation of improper use of Court Data Services, Court Records (including Court Documents), or trade secret information of the SCAO and its licensors. 13. FEES AND INVOICES. Applicable monthly fees commence ten (10) days after notice of the Court's approval of this Agreement or upon the initial Government Subscriber transaction as defined in the Policies&Notices,whichever occurs earlier. When fees apply, the State shall invoice Government Subscriber on a monthly basis for charges incurred in the preceding month and applicable taxes, if any, and payment of all amounts shall be due upon receipt of invoice. If all amounts are not paid within thirty(30)days of the date of the invoice, the Court may immediately cancel this Agreement without notice to Government Subscriber and pursue all available legal remedies. Government Subscriber certifies that Master Subscriber Agreement for Minnesota Court Data Services for Governmental Agencies-Revised September 29,2015 Page 11 of 14 30 of 200 City Council Agenda packet for 9-13-16 funds have been appropriated for the payment of charges under this Agreement for the current fiscal year, if applicable. 14. MODIFICATION OF FEES. SCAO may modify the fees by amending the Policies & Notices as provided herein, and the modified fees shall be effective on the date specified in the Policies &Notices, which shall not be less than thirty (30) days from the publication of the Policies & Notices. Government Subscriber shall have the option of accepting such changes or terminating this Agreement as provided in section 1 hereof. 15. WARRANTY DISCLAIMERS. 15.1 WARRANTY EXCLUSIONS. EXCEPT AS SPECIFICALLY AND EXPRESSLY PROVIDED HEREIN, COURT, SCAO, SCAO'S LICENSORS, AND DCA MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY, NOR ARE ANY WARRANTIES TO BE IMPLIED, WITH RESPECT TO THE INFORMATION, SERVICES OR COMPUTER PROGRAMS MADE AVAILABLE UNDER THIS AGREEMENT. 15.2 ACCURACY, COMPLETENESS AND AVAILABILITY OF INFORMATION. WITHOUT LIMITING THE GENERALITY OF THE PRECEDING PARAGRAPH, COURT, SCAO, SCAO'S LICENSORS, AND DCA MAKE NO WARRANTIES AS TO THE ACCURACY OR COMPLETENESS OF THE INFORMATION CONTAINED IN THE COURT RECORDS. THE COURT IS NOT LIABLE FOR ANY COURT RECORDS OR COURT DOCUMENTS NOT AVAILABLE THROUGH COURT DATA SERVICES DUE TO COMPUTER OR NETWORK MALFUNCTION,MISTAKE OR USER ERROR. 16. RELATIONSHIP OF THE PARTIES. Government Subscriber is an independent contractor and shall not be deemed for any purpose to be an employee, partner, agent or franchisee of the Court, SCAO, SCAO'S licensors, or DCA. Neither Government Subscriber nor the Court, SCAO, SCAO'S licensors, or DCA shall have the right nor the authority to assume, create or incur any liability or obligation of any kind, express or implied, against or in the name of or on behalf of the other. 17. NOTICE. Except as provided in Clause 2 regarding notices of or modifications to Court Data Services and Policies & Notices, and in Clauses 13 and 14 regarding notices of or modification of fees, any notice to Court or Government Subscriber hereunder shall be deemed to have been received when personally delivered in writing or seventy-two (72) hours after it has been deposited in the United States mail, first class, proper postage prepaid, addressed to the party to whom it is intended at the address set forth on page one of this Agreement or at such other address of which notice has been given in accordance herewith. 18. NON-WAIVER. The failure by either Party at any time to enforce any of the provisions of this Agreement or any right or remedy available hereunder or at law or in equity, or to exercise any option herein provided, shall not constitute a waiver of such provision, remedy or option or in any way affect the validity of this Agreement. The waiver of any default by either Party shall not be deemed a continuing waiver,but shall apply solely to the instance to which such waiver is directed. Master Subscriber Agreement for Minnesota Court Data Services for Governmental Agencies—Revised September 29, 2015 Page 12 of 14 31 of 200 City Council Agenda packet for 9-13-16 19. FORCE MAJEURE. Neither party shall be responsible for failure or delay in the performance of their respective obligations hereunder caused by acts beyond their reasonable control. 20. SEVERABELITY. Every provision of this Agreement shall be construed, to the extent possible, so as to be valid and enforceable. If any provision of this Agreement so construed is held by a court of competent jurisdiction to be invalid, illegal or otherwise unenforceable, such provision shall be deemed severed from this Agreement, and all other provisions shall remain in full force and effect. 21. ASSIGNMENT AND BINDING EFFECT. Except as otherwise expressly permitted herein, neither Parry may assign, delegate and/or otherwise transfer this Agreement or any of its rights or obligations hereunder without the prior written consent of the other. This Agreement shall be binding upon and inure to the benefit of the Parties hereto and their respective successors and assigns, including any corporation or other legal entity into, by or with which Government Subscriber may be merged, acquired or consolidated or which may purchase the entire assets of Government Subscriber. 22. GOVERNING LAW. This Agreement shall in all respects be governed by and interpreted, construed and enforced in accordance with the laws of the United States and of the State of Minnesota. 23. VENUE AND JURISDICTION. Any action arising out of or relating to this Agreement, its performance, enforcement or breach will be venued in a state or federal court situated within the State of Minnesota. Government Subscriber hereby irrevocably consents and submits itself to the personal jurisdiction of said courts for that purpose. 24. INTEGRATION. This Agreement sets forth the entire Agreement and understanding between the Parties regarding the subject matter hereof and supersedes any prior representations, statements, proposals, negotiations, discussions, understandings, or agreements regarding the same subject matter. Except as otherwise expressly provided in Clause 2 regarding Court Data Services and Policies & Notices, and in Clauses 13 and 14 regarding fees, any amendments or modifications to this Agreement shall be in writing signed by both Parties. 25. MINNESOTA DATA PRACTICES ACT APPLICABILITY. If Government Subscriber is a Minnesota Government entity that is subject to the Minnesota Government Data Practices Act,Minn. Stat. Ch. 13,Government Subscriber acknowledges and agrees that: (1) the Court is not subject to Minn. Stat. Ch. 13 (see section 13.90) but is subject to the Rules of Public Access and other rules promulgated by the Minnesota Supreme Court; (2) Minn. Stat. section 13.03, subdivision 4(e) requires that Government Subscriber comply with the Rules of Public Access and other rules promulgated by the Minnesota Supreme Court for access to Court Records provided under this Agreement; (3) the use of and access to Court Records may be restricted by rules promulgated by the Minnesota Supreme Court, applicable state statute or federal law; and(4)these applicable restrictions must be followed in the appropriate circumstances. Master Subscriber Agreement for Minnesota Court Data Services for Governmental Agencies—Revised September 29,2095 Page 93 of 14 32 of 200 City Council Agenda packet for 9-13-16 IN WITNESS WHEREOF, the Parties have, by their duly authorized officers, executed this Agreement, intending to be bound thereby. 1. GOVERNMENT SUBSCRIBER 2. THE COURT Government Subscriber must attach documented verification of authority to sign on behalf of and bind the entity ("Master Subscriber Agreement Signing Authority"), such as a council resolution, board authority or legally binding decision maker, and attach same as Exhibit B. By By (SIUNP (SIGNATURE) Date Date Name(typed) Eric Johnson Title City Administrator Title CIO/Director Information Technology Division of State Court Office Oak Park Heights City Hall Office Administration 3 Form and execution approved for Court by: By: Title: Staff Attorney-Legal Counsel Division Date: Master Subscriber Agreement for Minnesota Court Data Services for Governmental Agencies—Revised September 29,2015 Page 14 of 14 33 of 200 City Council Agenda packet for 9-13-16 Oak Park Heights Request for Council Action Meeting Date: Tuesday September 13, 2016 Agenda Item : Renew Safe Assure Contract Time Req. 1 Minute Agenda Placement: Consent Originating Department/Reques r: Public Works,Andy Kegley, Public Works Director Requester's Signature _r Action Requested: A rove dewaI of the Safe Assure Contract for Oct 2016-Oct 2017. Background/Justification(Ple a indicate any previous action has been taken or if other public bodies have been advised). See attached memo. 34 of 200 City Council Agenda packet for 9-13-16 City of Oak Park Heights 14168 Oak Park Blvd Re Box 2007.Oak Park Heights,MN 55082•Phone(651)439-4439•F x 439-0574 Memorandum To: Eric Johnson,Administrator Cc: Mayor and Council From: Andrew Kegley, Public Works Director Data 09/07/2095 Re: Safe Assure Contract Renewal OSHA requires documented proof of employee training and written procedures for standards that are set by the agency. For the past several years,the City of OPH and surrounding Cities (Stillwater,Marine, Lakeland,Mahtomedi, et al.)have cooperatively contracted with Safe Assure to provide staff training,a written safety policy manual,mock OSHA inspections of the P.W. shop and other such services. Safe Assure is thorough in the service they provide through quality training as well as following up on questions from OPH P.W. staff and providing required materials for documentation. The rate for one year of unlimited service is$3,148. This is a 2%increase—the first in two years from the previous rate. The service is funded from a percentage split in the P.W. contracted services fund. Safe Assure provides valuable service to OPH. i recommend the Council approve signing a contract to continue services for another year. 35 of 200 City Council Agenda packet for 9-13-16 Contract/ Agreement THIS AGREEMENT is made this first day of October, 2016 between The City of Oak Park Heights, Oak Park Heights, Minnesota, herein referred to as The City of Oak Park Heights and SafeAssure Consultants, Inc. 200 S.W. Fourth Street, Willmar, Minnesota, herein referred to as SafeAssure. SafeAssure agrees to abide by all applicable federal and state laws including, but not limited to, OSHA regulations and locai/state/national building codes.Additionally,SafeAssure will practice ail reasonable and appropriate safety and loss control practices. SafeAssure agrees to provide, at the time of execution of this contract/agreement,The City of Oak Park Heights (upon request)with a current Certificate of Insurance with proper coverage lines and a minimum of$2,000,000.00 in insurance limits of general liability and statutory for workers' compensation insurance. SafeAssure is insured by"The Hartford"insurance companies. SafeAssure further agrees that The City of Oak Park Heights will not be held liable for any claims, injuries, or damages of whatever nature due to negligence,alleged negligence,acts or omissions of SafeAssure to third parties. SafeAssure expressly forever releases and discharges The City of Oak Park'Heights, its agents, members, officers, employees, heirs and assigns from any such claims, injuries, or damages. SafeAssure will also agree to defend, indemnify and hold harmless The City of Oak Park Heights, its agents, members and heirs from any and all claims, injuries, or damages of whatever nature pursuant to the provisions of this agreement. SafeAssure and its employees is an independent contractor of The City of Oak Park Heights, and nothing in this agreement shall be considered to create the relationship of an employer/employee. In consideration of this signed agreement/contract,for the period ofTwelve Months from the signing month, SafeAssure Consultants, Inc. agrees to provide The City of Oak Park Heights,the aforementioned features and services. These features and services include but are not limited to OSHA compliance recommendations and consultations, providing scheduled classroom-training sessions,writing and maintaining mandatory OSHA programs.These features and services will be prepared to meet the specific needs of The City of Oak Park Heights. ANNUAL CONTRACT $ 3148.74 MSDS/SDS ON-LINE SERVICES $ Included ANNUAL $3,148.74 IN TESTIMONY WHEREOF, we agree to the day and year first above written and, if representing an organization or similar entity, further certify the undersigned are a duly authorized agent of said entity and authorized to sign on behalf of identified entity. TWELVE MONTH CONTRAC7IC X The City of Oak Park Heights X The City of Oak Park Heights X 090216 SafeAssure Consultants, Inc. Date 7 UY / 36 of 200 City Council Agenda packet for 9-13-16 The United States Department of Labor, Division of Occupational Safety and Health Administration and the Minnesota Department of Labor, Division of Occupational Safety and Health Administration require employers to have documented proof of employee training and written procedures for certain specific standards. The attached addendum and training schedule clarifies written and training requirements. The required standards that apply to The City of Oak Park Heights are listed below: A.W.A.I.R. MN Statute 182.653 "An employer caovered bythis section must establish a t n Work plawAcoident&Injurylarog►am that promotes safe&healthful working amdihons". EMERGENCY ACTION PLAN 29 CFR 1910.35 THRU .38 The emergency action plan shall be in and shall cover the designated actions employers& employees must take to insure employee safety from fire&other emergencies". CONTROL OF HAZARDOUS ENERGY 29 CFR 1910.147 & MN Statute 5207.0600 "Procedures shall bedacu udliz for the control of potentially hazardous energy when employees are engaged in the activities covered by this.section': HAZARD COMMUNICATIONS 29 CFR 1910.1200& MN Statute 5206.0100 thru 5206.1200 'Evaluating the potential hazards ofchemicals,and communicating information conceming hazards and appropriate pro&xtve measures to employees may indude,but is not limited to,provision for development&malntaining a wrrtn hazard aommunicadon program for the work plane.." RECORDING AND REPORTING OCCUPATIONAL INWRIES AND ILLNESSES 29 CFR 1904 "Each employer shall maintain in each establishment log and summary ofall ocruplational injuries and illnesses for that establishment:..........." CONFINED SPACE 29 CFR 1910.146 If the employer delddes that its employees will enterpermitspiaces,trie employarshall develop and implement a written permit space program........ RESPIRATORY PROTECTION 29 CFR 1910.134 Written standard operating procedures goveming the selection and use of respirators shall be established. OCCUPATIONAL NOISE EXPOSURE 29 CFR 1910.95 The employer shall institute a training program for all employees who are exposed to noise at or above an 8-hour time weighted average of 85 dedbals, and shall ensure employee piartinpation in such a program. BLOODBORNE PATHOGENS 29 CFR 1910.1030 Each employer having an employee(s) with occapational exposure as defined by paragraph(b)of this section shall establish a written Exposure Control Plan designed to eliminate or minimize employee exposure. 1 L* t 37 of 200 City Council Agenda packet for 9-13-16 38 of 200 City Council Agenda packet for 9-13-16 POWERED INDUSTRIAL TRUCKS 29 CFR 1910.178 "Only trained and authorized operators shall be permitted to operate a powered indusia I truck. Metholds shall be devised to train operators in the safe operation of Powered Industrial Truccks". GENERAL DUTY CLAUSE PL91-596 "Hazardous conditions or pradic-.s not covered in an O.S.H.A. Standard may bre covered under section 5(a)(1)of the act which states• Each employer shall famish to each of(their)employees employment and a place of employment which is free from recognized hazards that are causing or are likely to cause death or serious physIcal harm to ftheir}employees" PERSONAL PROTECTIVE EQUIPMENT 1926.95 a) "Application."Protec vre equipment;Induding personal prolective equipment for eyes, face, head, andextremides,proteclwedothing,respiratorydevies,andprotectvesh►eldsandbamers,shallbe provided, used, and maintained in a sanitary and reliable candition wherever it is necessary by reason of hazards of pry or environment, chemical hazards, radiological hazards, or mechanical irritants encountered in a manner capable of causing injury or impairment in the function of any part of the body through abwrptron, inhalation or physical contact: OVERHEAD CRANES 1910.179(j)(3) Periodic inspection. Complete inspections of the crane shall be performed at intervals as generally defined in paragraph Gl(ilfi%b)of this section, depending upon its acdviiy..................... ERGONOMICS 29 CFR PART 1910.900 TH RU 1910.944 'Training required for each employee and their supervisors must address signs and symptoms of MSDs, MSD hazards and controls used to add►es-s MSD hazards" MOBILE EARTHMOVING EQUIPMENT MN RULES 5207.1000 Mobile earth-moving equipment operators and all other employees working on the ground exposed to mobile earth-moving equipment shall be trained in the safe work procedures pertaining to mobile earth moving equipment and in the recognition of unsafe or hazardous conditions 39 of 200 City Council Agenda packet for 9-13-16 In the interest of Quality Safety Management, it may be recommended that written procedures and documented employee training also be provided for the following Subparts. (Subparts represent multiple standards) 1910 Subparts Subpart D - Walking - Working Surfaces Subpart E - Means of Egress Subpart F - Powered Platforms, Man-lifts, and Vehicle-Mounted Work Platforms Subpart G - Occupational Health and Environmental Control Subpart H - Hazardous Materials Subpart I - Personal Protective Equipment Subpart J - General Environmental Controls Subpart K - Medical and First Aid Subpart L - Fire Protection Subpart M - Compressed Gas and Compressed Air Equipment Subpart N - Materials Handling and Storage Subpart O - Machinery and Machine Guarding Subpart P - Hand and Portable Powered Tools and Other Hand-Held Equipment. Subpart Q - Welding, Cutting, and Brazing. Subpart S - Electrical Subpart Z - Toxic and Hazardous Substances 1926 Subparts Subpart C - General Safety and Health Provisions Subpart D - Occupational Health and Environmental Controls Subpart E - Personal Protective and Life Saving Equipment Subpart F- Fre Protection and Prevention Subpart G - Signs, Signals, and Barricades Subpart H - Materials Handling, Storage, Use, and Disposal Subpart I - Tools - Hand and Power Subpart J - Welding and Cutting Subpart K- Electrical Subpart L - Scaffolds Subpart M - Fall Protection Subpart N - Cranes, Derricks, Hoists, Elevators, and Conveyors Subpart O - Motor Vehicles, Mechanized Equipment, and Marine Operations Subpart P - Excavations Subpart V - Power Transmission and Distribution Subpart W - Rollover Protective Structures; Overhead Protection Subpart X - Stairways and Ladders Subpart Z -Toxic and Hazardous Substances Applicable MN OSHA 5205 Rules Applicable MN OSHA 5207 Rules Applicable MN OSHA 5206 Rules (Employee Right to Know) _� Vi / 40 of 200 City Council Agenda packet for 9-13-16 All training on the programs written by SafeAssure Consultants, Inc. will meet or exceed State and/or Federal OSHA requirements. These programs/policies and procedures listed on the addendum do not include the cost of hardware such as labels, signs, etc. and will be the responsibility of The City of Oak Park Heights to obtain as required to comply with OSHA standards. Our contract year will begin on the signing of this proposal/contract. Classroom training will be accomplished at a time convenient to most employees/management and so selected as to disrupt the workday as little as possible. Ali documents and classroom&Mining produced by SafeAssure Consultants for The City of Oak Park Heights are for the sole and express use by The City of Oak Park Heights and its employees and not to be shared, copied, recorded, filmed or used by any division, department, subsidiary, or parent organization or any entity whatsoever, without prior written aRDMMAl of SafeAssure Consultants. It is always the practice of SafeAssure Consultants to make modifications and/or additions to your program when necessary to comply with changing OSHA standards/statutes. These changes or additions,when made during a contract year, Will be made at no additional cast to The City of Oak Park Heights. All written programs/services that are produced by SafeAssure Consultants, Inc. are to meet the requirements set forth by MNOSHA/OSHA. SafeAssure Consultants,Inc.will reimburse The City of Oak Park Heights should MNOSHA/OSHA assess a fine for a deficient or inadequate written program that was produced by SafeAssure Consultants,Inc. SafeAssure Consultants,Inc.does not take responsibility for financial loss due to MNOSHA/OSHA fines that are unrelated to written programs mentioned above. 01 1 41 of 200 City Council Agenda packet for 9-13-16 ADDENDUM SAFETY PROGRAM RECOMMENDATIONS The City of Oak Park Heights Written Programs &Training A.W.A.I.R. (A Workplace Accident and Injury Reduction Act) • review/modify or write site specific program • documented training of all personnel • accident investigation • simulated OSHA inspection Employee Right to Know/Hazard Communication • review/modify or write site specific program • documented training of all personnel (general and specific training) • various labeling requirements • assist with installing and initiating DAMARCO Solutions, LLC, MSDS and data base program Lock Out/Tag Out(Control of Hazardous Energy) • review/modify or write site specific program • documented training of all personnel Emergency Action Plan • review/modify or write site specific program • documented training of all personnel Respiratory Protection • review/modify or write site specific program • documented training of all personnel Bloodborne Pathogens • review/modify or write site specific program • documented training of all personnel Cranes-Chains-Slings • review/modify or write site specific program • documented training of all personnel (inspections) Hearing Conservation (Occupational Noise Exposure) • review/modify or write site specific program • documented training of all personnel • decibel testing and documentation Personal Protective Equipment • review/modify or write site specific program • documented training of all personnel Confined Space • review/modify or write site specific program • documented training of all personal D ur i 42 of 200 City Council Agenda packet for 9-13-16 Powered Industrial Trucks/Forklifts • review/modify or write site specific program • documented training of all personnel • testing and licensing Ergonomics • review/modify or write site specific program • documented training of all personnel o job hazards-recognition o control steps o reporting o management leadership requirements o employee participation requirements Mobile Earthmoving Equipment • review/modify or write site specific program • documented training of all personal General Safety Requirements • review/modify or write site specific program • documented training of all personnel The"SafeAssure Advantage" • On-Line training available for AWAIR, EAP, ERIK, ERGO, Bloodborne • Safety Committee Advisor • Employee Safety Progress Analysis • SafeAssure"Client Discount Card"from Fastenal Stores or Catalogs X1.5% off any item) • Job Hazard Analysis pHA for more hazardous tasks/jobs) • Training manual maintenance • Safety manual maintenance • Documented decibel testing • Documented air quality readings-(CO2 testing in shops with 5 or more vehicle capacity) • Documented foot-candle readings (if needed) • OSHA recordkeeping • General Duty Clause • Assistance during an actual OSHA inspection • General safety recommendations • "ALERT"data base • Unlimited consulting services 10 Ur 43 of 200 City Council Agenda packet for 9-13-16 pl-,-', Oak Park Heights Request for Council Action Meeting Date September 13'h,2016 Time Required: 1 Minutes Agenda Item Title: Siogge Options—STH 36 Corridor Agenda Placement Consent A Originating Department/Req r: Eri o son. Cfty Administrator Requester's Signature Action Requested A ve R cation Provi ' for Extension of the Sas ension of TemvoEgroiggne Regplation thru 12/3112016. Background/Justification(Plase indicate if any previous action has been taken or if other public bodies have advised): During the course of the SCRC approach elements the City Council adopted a resolution suspending the enforcement of certain provisions of the special events/temporary sign regulations within the STH 36 corridor. The concept was that due to the increase construction activity, such suspension would allow such local businesses more opportunity for signage without the need for concern on the number of events nor time limitations on such signage. There were no known problems that arose implementation or application of this plan. However, as these rules come back on-line,the Council has discussed one additional extension(The third extension) through 12/31/16 with the rules being implemented as of 111/17.The enclosed resolution provides that final extension. Prior to this expiration,staff will reach out businesses reminding them of the City ordinances that will once again take effect on 1/1/2017. 44 of 200 City Council Agenda packet for 9-13-16 RESOLUTION NO. CITY COUNCIL CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA A RESOLUTION ESTABLISHING FINDINGS OF FACT AND RESOLUTION OF THE CITY COUNCIL THAT THE CITYWILL TEMPORARILY SUSPEND ENFORCMENT OF CERTAIN PROVISIONS OF THE SPECIAL EVENT/TEMPORARY SIGNREGULATIONS (SECTION 401.15.G.)WITHIN THE HIGHWAY36 COORIDOR WHEREAS, the City Uouncil of the City of Oak Park Heights, at its February 26, 2013 meeting,discussed providing special events/temporary sign allowances for business in the Highway 36 corridor impacted the St Croix River Crossing project; and WHEREAS, the City Council recognizes that with the anticipated construction activities, businesses adjacent to the north and south frontage roads will suffer from lack of visibility and should be given special provisions for signage,at least on a temporary basis;and WHEREAS, the City Council shall consider by resolution that the City will temporarily suspend enforcement of certain provisions of the special events/temporary sign regulations (Section 401.15.G.7); and NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL FOR THE CITY OF OAK PARK HEIGHTS THAT THE CITY COUNCIL APPROVES THE FOLLOWING: The City Council of the City of Oak Park Heights suspends enforcement of the special events/temporary sign regulations in accordance with the following conditions: 1. The area is limited to those businesses in the B-2 General Business District, the B-3 Highway Business and Warehousing District, the B-4 Limited Business District, and the R-B Residential Business Transitional District from the westerly City limits to Beach Road. 2. Only those businesses directly abutting(making contact with)Highway 36 and the North and South Frontage Roads of Highway 36 are subject to this allowance. 3. The suspension in enforcement applies only to Section 401.15.G.7.b related to number of events and time limitations and to Section 401.15.G.7.d.4)related to 45 of 200 City Council Agenda packet for 9-13-16 banners. As a result, the businesses impacted by this suspension will be allowed banners continually during the time limits as specified. 4. The suspension in enforcement will apply from May 1,2014 to October 31,2014, unless an extension is granted by the City Council. 5. Extension Approved Though December 31st, 2014 6. Second Extension Approved Through December 31St, 2015 7. Third Extension Approved Through December 31 St,2016 Approved by the City Council of the City of Oak Park Heights this 13'h day of September, 2016. Mary McComber,Mayor Attest:Eric Johnson,City Administrator 46 of 200 City Council Agenda packet for 9-13-16 Oak Park Heights Request for Council Action Meeting Date September 131h,2016 Time Required: 1 Minutes Agenda item Title;_ $Qt D&andWrove Notice for Assessment Public bearing=64! 65th and Ozark Ave. Streets and Im rovements Agenda,Placement Old Busine z Z17 Originating Department/Re ri Johnso Ci Administrator Requester's Signature Action Requested Discussi ossible Action Background/Justification ase indicate if any previous action has been taken or if other public bodies have advised): 7 In August 2016,the Council did approve a resolution calling for the Assessment hearing for Oct. 13th,2016.This date was listed incorrectly-the correct date is Oct 1111,2016.Attached is a revised Resolution correcting for that date discrepancy. Please note that the City's public notices via mailings did contain the correct date. From August 151x.2016 City Council Meetinrz Packet: The City is required to hold an ASSESSMENT HEARING regarding the planned assessments slated for the Street reconstruction project elements on 60,650 and Ozark Ave. These are the streets and elements the City Is colleedyely.performing with the City of Stillwater. Attached is a resolution that calls for such an Assessment Hearing to be held on October 131,201( Two items to note, 1. The City is not required to pass a resolution to call for this hearing,however It establishes a more transparent process. The City would provide subsequent notices to all impacted parties with a detailed cost for their assessment 2. The City held its Improvement Hearing on this project in 2013 and ordered such improvements in Resolution 13-11-16 and requires them to be completed by 12/31/16. This resolution Is enclosed 47 of 200 City Council Agenda packet for 9-13-16 RESOLUTION CALLING A HEARING ON ASSESSMENTS FOR STREET AND UTILTIY EffROVEMEN'T'S WHEREAS,the City Clerk,with the assistance of the City consulting engineer, has prepared an assessment roll for the Street and Utility Improvements being various street ful_I reconstruction projects, including the installation of concrete curbing, and associated storm water infrastructure improvement and replacement(collectively,the "Improvements"),in and along portions of the following streets 641h Street, 65th Street and Ozark Avenue North, (collectively,the"Assessment Area"and further defined as shown on the map included herein and as defined in the Feasibility report dated October 2013 and as approved within the Improvement Hearings actions as found in City Resolution 15-04-24);and, said proposed assessment roll shall be on file with the City Clerk and open to public inspection; {Map Depicting Assessment Areal �w a d , 11 I t NOW THEREFORE,BE IT RESOLVED by the City Council of the City of Oak Park Heights,Minnesota,as follows: 1. The Clerk shall publish notice that this Council will meet to consider the proposed assessments on October 111,2016,at 7:00 o'clock P.M.in the City Hall of said City of Oak Park Heights,Minnesota. The published notice shall be in substantially the form set forth on Exhibit A attached hereto. 48 of 200 City Council Agenda packet for 9-13-16 2. A copy of the notice in substantially the form set forth in Exhibit B attached hereto shall be mailed to the owners of each parcel of property described in the assessment roll. 3. Said notice attached as Exhibit A hereto shall be published by the City Clerk in the official newspaper at least two weeks prior to the hearing and the notice attached hereto as Exhibit B shall be mailed by the Clerk to the owners of each parcel described in the assessment roll. 4. If the adopted assessment differs from the proposed assessment as to any particular lot,piece or parcel of land,the Clerk shall mail to the owner a notice stating the amount of the adopted assessment. Owners must also be notified by mail of any changes adopted by the Council in interest razes or prepayment requirements from those contained in the mailed notice of the proposed assessment. 5. An owner may appeal an assessment to district court pursuant to Minnesota Statutes, Section 429.081, by serving notice of the appeal upon the Mayor or City Administrator within 30 days after the adoption of the assessment. The notice must also be filed with the district court within ten days after service upon the Mayor or the City Administrator. Under Minnesota Statutes, Sections 435.193 to 435.195,the City may, at its discretion, defer the payment of assessments for any homestead property owned by a person(i) 65 years of age or older or retired by virtue of a permanent and total disability for whom it would be a hardship to make the payments, or (ii) who is a member of the Minnesota National Guard or other military reserves who is ordered into active military service, as defined by state law and as stated in the person's military orders, for whom it would be a hardship to make the payments. The notice of public hearing mailed to affected property owners contains additional information which is individual to each property. ADOPTED by the City Council this th day of _.._. 2016. Mary McComber. Mayor ATTEST; Eric Johnson,City Administrator 49 of 200 City Council Agenda packet for 9-13-16 EXHIBIT A NOTICE OF HEARING ON ASSESSMENTS FOR STREET AND UTILTIY IMPROVEMENTS TO WHOM IT MAY CONCERN: TIME AND PLACE: Notice is hereby given that the City Council of the City of Oak Park Heights,Minnesota, will meet in the City Hall in the City of Oak Park Heights,Minnesota, on the 11th day of Octobcr, 2016 at 7:00 o'clock P.M.to consider objections to the proposed assessments for the Street and Utility Improvements heretofore ordered by the City Council. GENERAL NATURE OF HVIPROVEMENTS: Water, Sanitary, Storm Water Utility Improvements and Street Improvements: including street surfaces and curb & gutter. ASSESSMENT ROLL OPEN The proposed assessment roll is on file with TO INSPECTION: the City Clerk and open to public inspection. AREA PROPOSED The area proposed to be assessed consists of TO BE ASSESSED: every lot,piece or parcel of land benefitted by said improvement,which has been ordered.,made and is as follows: in the City of Oak Park Heights, Minnesota. TOTAL AMOUNT The total amount proposed to be assessed is OF PROPOSED $ ASSESSMENT: 50 of 200 City Council Agenda packet for 9-13-16 WRITTEN OR ORAL OBJECTIONS: Written or oral objections will be considered at the hearing. RIGHT OF APPEAL: An owner of property to be assessed may appeal the assessment to the district court of Washington_County pent to Minaesota Statutes, Section 429.081 by serving notice of the appeal upon the Mayor or Clerk of the City within 30 days after the adoption of the assessment and filing such notice with the district court within ten days after service upon the Mayor or Clerk. LIMITATIpN ON APPEAL; No appeal may be taken as to the amount of any assessment adopted by the City Council unless a written objection signed by the affected property owner is filed with the Clerk prior to the assessment hearing or presented to the presiding officer at the hearing. All objections to the assessments not received at the assessment hearing in the manner prescribed by Minnesota Statutes, Section 429.061 are waived,unless the failure to object to the assessment hearing is due to a reasonable cause. DEFERMENT OF Under the provisions of Minnesota Statutes, ASSESSMENTS: Sections 435.193 to 435.195,the City may, at its discretion, defer the payment of assessments for any homestead property owned by a person 65 years of age or older for whom it would be a hardship to make the payments. MAILED NOTICE: The notice of this hearing mailed to property owners contains additional information. DATED: 2016. BY ORDER OF THE CITY COUNCIL Isl Eric Johnson, City Administrator 51 of 200 City Council Agenda packet for 9-13-16 EXHIBIT B NOTICE OF HEARING ON ASSESSMENTS FOR STREET AND UTILTIY IMPROVEMENTS TO:[Specify owner, address and parcels] TIME AND PLACE Notice is hereby given that the City Council of the City of Oak Park Heights,Minnesota, will meet in the City Hall in thhe City of Oak park Heights,Minnesota, on the 11"'day of October, 2016 at 7:00 o'clock P.M.to consider objections to the proposed assessments for Street and Utility Improvements heretofore ordered by the City Council. GENERAL NATURE OF IMPROVEMENTS: Water, Sanitary, Storm Water Utility Improvements and Street Improvements: including street surfaces and curb&gutter. ASSESSMENT ROLL OPEN TO INSPECTION: The proposed assessment roll is on file with the City Clerk and open to public inspection. AREA PROPOSED The area proposed to be assessed consists of TO BE ASSESSED: every lot,piece or parcel of land benefitted by said improvement,which has been ordered,made and is as follows: in the City of Minnesota. 52 of 200 City Council Agenda packet for 9-13-16 TOTAL AMOUNT OF The total amount proposed to be assessed is PROPOSED ASSESSMENT: $ WRITTEN OR ORAL OBJECTIONS: Written or oral objections will be considered at the hearing. RIGHT OF APPEAL: An owner of property to be assessed may appeal the assessment to the district court of Washington County pursuant to Minnesota Statutes, Section 424.0$1 by serving nQtiee of the appeal upon the Mayor or Clerk of the City within 30 days after the adoption of the assessment and filing such notice with the district court within ten days after service upon the Mayor or Clerk. LIMITATION ON APPEAL: No appeal may be taken as to the amount of any assessment adopted by the City Council unless a written objection signed by the affected property owner is filed with the Clerk prior to the assessment hearing or presented to the presiding officer at the hearing. All objections to the assessments not received at the assessment hearing in the manner prescribed by Minnesota Statutes, Section 429.061 are waived,unless the failure to object to the assessment hearing is due to a reasonable cause. DEFERMENT OF Under the provisions of Minnesota Statutes, ASSESSMENTS: Sections 435.193 to 435.195,the City may, at its discretion, defer the payment of assessments for any homestead property owned by a person 65 years of age or older for whom it would be a hardship to make the payments. SPECIFIC AMOUNT TO BE ASSESSED: The amount to be specifically assessed against your particular lot,piece of parcel of land is$ 53 of 200 City Council Agenda packet for 9-13-16 PREPAYMENT: You may prepay the entire assessment to the Treasurer of the City until the assessment roll is certified to the County Auditor; after certification to the County Auditor, prepayments of the entire amount remaining due may be made to the Treasurer at any time prior to November 15 of any year. NO PARTIAL PREPAYMENT The City Council has not authorized the partial prepayment of assessments prior to certification of the assessment or the first installment thereof to the County Auditor. PREPAYMENT WITHOUT INTEREST, OR WITH INTEREST TO END OF YEAR: No interest shall be charged if the entire assessment is paid within 30 days from the adoption of the assessment roll. At any time prior to November 15 of any year,the owner may prepay to the Treasurer the whole assessment remaining due with interest accrued to December 31 of the year in which the prepayment is made. INTEREST RATE: If the assessment is not prepaid within 30 days from the adoption of the assessment roll,interest will accrue on the assessment at the rate of %. Interest accrues from the date to be specified in the resolution levying the assessment,but not earlier than the date of such resolution. DATED: 2016. BY ORDER OF THE CITY COUNCIL Isl Eric Johnson, City Administrator 54 of 200 City Council Agenda packet for 9-13-16 w Oak Park Heights Request for Council Action Meeting Date Sert . be 13, 2016 Agenda Item Set Date, Time, and Location for 2017 Party in the Park Time Req. 1 Agenda Placement New Business Originating Department/Requestor Administration/Jennifer Pinski Requester's Signature Action Requested Set Date, Time, and Location for 2017 Party in the Park Background/Justification(Please indicate any previous action has been taken or if other public bodies have been advised). The City Council took action at the August 15, 2016 City Council meeting to move the Party in the Park to a weeknight in June and possibly combine it with the 160'h anniversary of the platting of Oak Park. In the past, the Party in the Park event has been from 4:30 p.m.—6:30 p.m. at Brekke Park. Please take formal action to set the date,time, and location for the event in 2017,keeping in mind that the last day of school for Stillwater is June 1, 2017, and the League of Minnesota Cities Annual Conference is June 14 through June 16, 2017. 55 of 200 City Council Agenda packet for 9-13-16 Lift IV- Oak Park Heights Request for Council Action Meeting Date September 13, 2016 Agenda Item Set 2017 City Council Meeting Dates Time Req. 1 Agenda Placement New Business Originating Department/Requestor AdministrationlJennifer Pinski Requester's Signature Action Requested Set dates for 2017 meetings Background/Justification(Please indicate any previous action has been taken or if other public bodies have been advised). City staff is in the process of preparing the 2017 City Calendar. Please review the regular meeting dates,make any necessary changes, and approve the calendar. January 10 January 24 February 14 February 28 March 14 March 28 April 11 April 25 May 9 May 23 June 13 June 27 July 11 July 25 August 8 August 22 September 12 September 26 October 10 October 24 November 14 November 28 December 12 December 26 56 of 200 City Council Agenda packet for 9-13-16 Oak Park Heights Request for Council Action Meeting Date: September 13, 2016 Time Required: 1 Min. Agenda Item Title: Promotion of Sergeant Agenda Placement:New Business Originating Department/Requestor: Oak Park Heights Police Dept., Chief Brian DeRosier Requester's Signature Action Requested: Promote Officers Chris Vierling and Jon Givand to the position of Sergeant with the Oak Park Heights Police Dept. at the 100% pay level with seniority between the sergeants determined by original date of hire. Effective date of promotion September 16th 2016. Background/Justification: The position of Sergeant was left vacant upon the retirement of Ken Anderson in February 2016. The department functions with Sergeant acting as a second in command and the authority to act in the absence of the Chief of Police under limited circumstances. The sergeant position in general is assigned administrative tasks as well supervision and guidance of the members of the department. 4 candidates applied for the position in March 2016. A formal evaluation process was established prior to announcing the open position. All candidates were evaluated in numerous areas during the process to include a random patrol log and offense report from one day of each of the last 3 years, last 3 years personnel evaluations, training history, overall team effort and potential leadership displayed within the department over their career, oral interview with myself and Command Staff from Oakdale PD. This interview consisted of practical scenario's—policy questions—and general leadership questions. The top 2 candidates ranked after the interview were sent to a Professional Leadership Evaluation by an outside professional firm specializing in this. Both were recommended for promotion by the leadership evaluation. As discussed at the budget workshop and as outlined in my earlier justification memo I am recommending 2 sergeants. This was done within the department in prior years and at this time I recommend reinstating the 2 positions. This affords the department greater oversight and officer development within the department. We have young developing group of officers and foreseeable further retirements in the next 4 to 5yrs. This will put the department in a good position for those changes and potential leadership as well as current oversight and officer development. I am recommending promotion to Sergeant effective September 16th, 2016. I recommend starting pay rate at the 100% level for sergeant under the current 2016 union contract pay scale to maintain a pay rate equal to/above their current pay level. Both Officers would be subject to a probationary period for the sergeant position of a one year period during which time they will begin to attend numerous leadership training courses. Seniority between the sergeants would be determined by date of original hire. 57 of 200 City Council Agenda packet for 9-13-16 Oak Park Heights Request for Council Action Meeting Date: September 13'h, 2016 Time Required: 3 Minutes Agenda Item Title: Conditional Officer for position of full time police officer—Lee Schroeder Agenda Placement:New Business Originating Department/Requestor: Oak Park Heights Police Dept., Chief Brian DeRosier Requester's Signature Action Requested: Conditional Officer for position of full time police officer—Lee Schroeder Background/Justification: I am requesting the appointment of Lee Schroeder as a new hire full time Police Officer. Schroeder has successfully completed the hiring process that started in September 2015. This position is being filled for vacant position and budgeted this year and the 2017 budget process. The position is being filled as a replacement hire to maintain our current staffing levels. Schroeder was 1 of 4 candidates from the total of nearly 100 applicants to set himself above the rest and make it to the final selection in the hiring process after 2 in depth panel interviews. A final 3rd interview of the top 4 candidates was conducted by me,Administrator Johnson, and Mayor McComber. After review of the final interview along with background information of education and employment references, Schroeder has been selected as a final candidate to fill this position. This will be a conditional offer of employment until Schroeder meets all the criteria of the conditional offer to include successfully completing a medical and psychological evaluation of fitness for duty. Schroeder comes to us with high motivation for the position and a high recommendation from his previous employers including his current position with the MSP Airport Police Department as a CSO. Schroeder has exhibited his desire to work for OPH PD and that combined with the community attitude he displays I feel will make him a valuable addition to the high standards of OPH P.D. and our community. 58 of 200 City Council Agenda packet for 9-13-16 0 Oak Park Heights Request for Council Action Meeting Date Seq*mber 13'x,2016 Time Required: 10 Minutes Agenda Item Title: Menards -5800 Krueger Ave.N. -Design Guidelines and Site Plan Review Agenda Placement New Business Originating Deparlment/Reque oCLty Administrator Requester's Signature ov Action Requested Discuss Possible Action Background/Justification(Please indicate if any previous action has been taken or if other public bodies have advised): Please see the attached from City Planner Scott Richards: 1. Planning Report dated August 24'x,2016 2. Planning Commission Resolution-Unsigned 3. Proposed City Council Resolution 59 of 200 City Council Agenda packet for 9-13-16 3601 Thurs oon Avenue N. Suite 100 Anoka, MN 66303 ENCLOSLiRIE -3 Phone:763.231.6$40 Facsimile: 763.427.0620 TPCTPMP1anningCo.com PLANNING REPORT TO: Eric Johnson FROM: Scott Richards DATE: August 24, 2016 RE: Oak Park Heights — Menards — Design Guidelines and Site Plan Review— 5800 Kruger Lane North TPC FILE: 236.02 15.03 BACKGROUND Tyler Edwards of Menards has made application for Design Guidelines/Site Plan review for the existing Menards at 5800 Kruger Lane North. The application consists of a request for a 19,366 square foot addition to a warehouse at the southwest comer of the site. On the northwest side of the warehouse, an adjustment to the fence and landscaping will be necessary to accommodate vehicle access between the fence and the expanded warehouse. The 75-foot overhang on the south and west sides of the store will be completely enclosed with green steel and garage doors to create a climate controlled storage space. This change will not be visible from nearby roadways. An existing entrance at the front of the building that provided access to the garden center will be removed and filled in with a concrete wall and windows to match the front fagade of the building. Additionally, Menards is working with the developers of the Oak Park Heights Retail development to the north to create a curb cut between the Menards parking lot and the new development. EXHIBITS The review is based upon the following submittals: Exhibit 1: Applicant's Narrative, July 22, 2016 Exhibit 2: Site Plan (SP) Exhibit 3: Building Elevations (ELEV) Exhibit 4: Warehouse Elevations (WHSE) Exhibit 5: Cover Sheet(CO-1) Exhibit 6: Partial Survey(1of1) 60 of 200 City Council Agenda packet for 9-13-16 Exhibit 7: Demolition Plan (C1-2) Exhibit 8: Site Plan (C2-1) Exhibit 9: Grading and Drainage Plan (C3-1) Exhibit 10: Utility Plan (C4-1) Exhibit 11: Detail Sheet(C8-1) Exhibit 12: Report of the City Arborist Exhibit 13: Report of the City Engineer PROJECT DESCRIPTION The Applicant's narrative for the project is found as Exhibit 1. Menard, Inc. is submitting a site plan review application for the Oak Park Heights Menards store located at 58000 Krueger Lane. Since the store opened in 1997 the facility has been remodeled and expanded a few different times to match the amenities offered at the new stores we are building across the country. These periodic store updates ensure the guests that shop at this store have the same experience as a guest shopping at any of our other store locations. The proposed remodel includes a new drive through aisle addition on the front of the existing warehouse and the enclosure of the overhang around the south and west sides of the store. The 99,366 sq ft addition to the warehouse will be added on the front of the existing building. The new warehouse space will be constructed using materials identical to the existing warehouse. The slope of the roof shown on the attached elevation plan will slope down from the existing peak and will not exceed the existing maximum roof peak The roof of the new warehouse area will not have any skylights as required by the original ordinance. Additionally, no new lights will be added to the exterior of the warehouse. The fence separating the warehouse from 58m Street along the south property line is taller than our average fence height and will screen almost all of the additional warehouse area. No storage of materials will be visible from outside the yard area. On the north side of the warehouse we need to make an adjustment to the fence line to make room for vehicle access to both drive lanes through the warehouse. This new fence will be constructed out of the same treated wood found on the existing fence. The relocated fence will be built on solid ground owned by Menards and will not impact the pond northwest of the lumberyard. A 75 ft wide overhang surrounds the west and south sides of the Menards store building today. The purpose of the overhang is to protect the products we sell from the elements. As it exists today the overhang is semi enclosed with green steel in several locations but wide open to the elements in other locations. As part of this remodel Menards plans to completely enclose this overhang area with green steel and garage doors to create a climate controlled storage space for our products. The lights that are currently being shielded so they do not shine to the south will continue to be shielded as they are today and no new exterior lights will be added as part of this project. The storage racks positioned against the exterior of the existing walls will continue to be located in their current locations after the project is completed. However previously approved ordinances have ensured that they will not be visible from outside of the lumber yard 2 61 of 200 City Council Agenda packet for 9-13-16 because of the taller fence. After the project has been completed the changes will not have any impact on the outside appearance of the store from the nearby roadways and the interior changes will match the existing store very well. The developer of the property north of our store has requested a curb cut between their development area and our parking lot to share a drlveway and connection to Krueger Lane. Menards is willing to work with the developer to accommodate that request. ISSUES ANALYSIS Comprehensive Plan. The property is designated as Commercial on the Proposed Land Use Map. The continued use of the site for retail commercial use is consistent with the Comprehensive Plan. Zoning. The property is zoned B-2 General Business District. The retail use is a permitted use in the B-2 General Business District. Changes to the exterior of the building and the site changes require Design Guidelines and Site Plan review. Subdivision. There are no changes requested related to the lot or easements. Setbacks. The building setbacks are not changing with the remodel. The expansion of the warehouse area on the west side of the site will not impact setbacks and on the south side, the rear yard setback is being maintained. The fence line is being adjusted on the northwest comer of the property, but 'setback requirements are not being impacted. Traffic CirculationlCurb Cuts. The site will continue to be accessed in the same location on Krueger Ln North. The Applicants are working with the developers of the property to the north, Oak Park Heights Retail Development related to a curb cut so that there is a cross access. Staff is supportive of this but would make any approvals of the design subject to the City Engineer's review. Parking. There is no change to the parking areas and no requirement for additional parking for the site with these changes. Lighting. The Applicant has indicated that there would be no new exterior lights installed on the warehouse or as part of the changes to the site. Any new light fixtures shall be full cut off, and be consistent with Section 401.15.B.7 of the Zoning Ordinance as it relates to lighting requirements. Trash Storage. No changes are indicated to the trash storage area, although the trash compactor is to be relocated. Mechanical Screening. No changes to mechanical equipment locations have been indicated on the plans. All new mechanical equipment on the roof or on the site shall be fully screened in accordance with the provisions of the Zoning Ordinance. 3 62 of 200 City Council Agenda packet for 9-13-16 Grading, Drainage, Erosion Control and Utilities. Grading, drainage and utility plans have been provided by the Applicant. The City Engineer has provided a separate report on engineering issues. The grading, drainage and utility pians shall be subject to review and approval of the City Engineer. Signage. There is no change to the signage with this request. Design Guidelines Architectural Guidelines Fagade Treatments The only change to the exterior is on the west side of the front fagade, where the garden store entrance Is being removed and replaced with a concrete wall to match and windows. The materials and colors will match the existing fagade. Ground Level Ex ression This is a one story building with visibility to Highway 36. The entrances are not being changed except for elimination of the garden center entrance. Transoarencv The transparency will not change significantly with the new windows that are being added at the garden center entrance. Entries The building features a prominent entry. Roof Desl an A portion of the roof will be enclosed which will not be visible from the exterior of the structure. The warehouse expansion will consist of an addition to the existing building. The new portion of the warehouse will be lower in height than the existing structure. The existing fence should screen most of the new warehouse structure. The roof of the new warehouse will not have any skylights. Buildina Materials and Colors The applicant has provided color elevations for review. All of the new building materials are what is currently being used on the structure. Franchise Architecture The building is not a franchise design. Site Design Guidelines Buildina Placement The proposed building is well placed on the site and is a prominent feature along the Highway 36 corridor. 4 63 of 200 City Council Agenda packet for 9-13-16 Parkina Areas The parking area will not be changed. Storm water The drainage plans are subject to review and approval of the City Engineer and the Middle St. Croix Watershed Management Organization. Pedestrian and Common Soa_ce__ Not Applicable. Landscaping There are minor changes to the landscape plan that are subject to the review and approval of the City Arborist. Trees/Shrubs The trees and shrubs used in the landscape plan shall be subject to the review and approval of the City Arborist. Lighting Addressed elsewhere in the planning report. Signage Addressed elsewhere in the planning report. Pedestrian/ Bicycle Routes Not Applicable. CONCLUSION f RECOMMENDATION Subject to the preceding review, City staff recommends approval of the Design Guidelines/Site Plan Review request for Menards subject to the conditions that follow: 1. The Applicants are working with the developers of the properly to the north, Oak Park Heights Retail Development, related to a curb cut so that there is a cross access with Menards. Approval of the design shall be subject to the City Engineer's review. 2. All light fixtures shall be full cut off, and be consistent with Section 401.15.13.7 of the Zoning Ordinance as it relates to lighting requirements. 3. The Planning Commission shall comment on the building design and building materials. 5 64 of 200 City Council Agenda packet for 9-13-16 4. All mechanical equipment on the roof or on the site shall be fully screened in accordance with the provisions of the Zoning Ordinance. 5. The grading, drainage and utility plans shall be subject to review and approval of the City Engineer and the Middle St. Croix Watershed Management Organization. B. The landscape plan shall be subject to the review and approval of the City Arborist. pc: Julie Hultman 6 65 of 200 City Council Agenda packet for 9-13-16 � 1 July 22,2016 City of Oak Park Heights Attn: Eric Johnson City Administrator 14168 Oak Park Blvd N Oak Park Heights, MN 55082 RE: Menards Warehouse Expansion Project Dear Mr.Johnson, Menard, Inc. is submitting a site plan review application for the Oak Park Heights Menards store located at 5800 Krueger Lane.Since the store opened in 1997 the facility has been remodeled and expanded a few different times to match the amenities offered at the new stores we are building across the country. These periodic store updates ensure the guests that shop at this store have the same experience as a guest shopping at any of our other store locations.The proposed remodel includes a new drive through aisle addition on the front of the existing warehouse and the enclosure of the overhang around the south and west sides of the store. The 19,366 sq ft addition to the warehouse will be added on the front of the existing building.The new warehouse space will be constructed using materials identical to the existing warehouse.The slope of the roof shown on the attached elevation plan will slope down from the existing peak and will not exceed the existing maximum roof peak.The roof of the new warehouse area will not have any skylights as required by the original ordinance.Additionally no new lights will be added to the exterior of the warehouse.The fence separating the warehouse from 58th Street along the south property line is taller than our average fence height and will screen almost all of the additional warehouse area. No storage of materials will be visible from outside the yard area.On the north side of the warehouse we need to make an adjustment to the fence line to make room for vehicle access to both drive lanes through the warehouse.This new fence will be constructed out of the same treated wood found on the existing fence.The relocated fence will be built on solid ground owned by Menards and will not impact the pond northwest of the lumber yard. A 75 ft wide overhang surrounds the west and south sides of the Menards store building today.The purpose of the overhang is to protect the products we sell from the elements.As it exists today the overhang is semi enclosed with green steel in several locations but wide open to the elements in other locations.As part of this remodel Menards plans to completely enclose this overhang area with green steel and garage doors to create a climate controlled storage space for our products.The lights that are currently being shielded so they do not shine to the south will continue to be shielded as they are today and no new exterior lights will be added as part of this project.The storage racks positioned against the exterior of the existing walls will continue to be located in their current locations after the project is completed. However previously approved ordinances have ensured that they will not be visible from outside of the lumber yard because of the taller fence.After the project has been completed the changes will not have any impact on the outside appearance of the store from the nearby roadways and the interior changes will match the existing store very well. 66 of 200 City Council Agenda packet for 9-13-16 5101 MENARD DRIVE EAU CLAIRE, WI 54703-9625 PHONE (715) 876-5911 FAX (715) 876-2868 The developer of the property north of our store has requested a curb cut between their development area and our parking lot to share a driveway and connection to Krueger Lane. Menards is willing to work with the developer to accommodate that request. We appreciate your support of the investment in our store and if you have any questions about the project please let me know.Thank you. Sincerely, Menard,Inc. T er Edwards Real Estate Representative Menard,Inc. 5 10 1 Menard Drive Eau Claire,WI 54703 0:715.876.2143 C.715.579.6699 tedwards@menard-inc.com 67 of 200 City Council Agenda packet for 9-13-16 5101 MENARD DRIVE EAU CLAIRE. WI 54703-9625 PHONE (7151876-5911 FAX (715)876-2868 P4 E� �Es � S - .1 z 9A4 ^ it Ui x iz Li �� I Uig r = r a. jr ® O 'nkll 2 121 u I _ z Kh. I 1. 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K . . � ���� � � � . ■f | � 22 � i , | �| , 771 of 266GUMINMgenda packet for 9-13-16 it City of Oak Park Heights 14168 Oak Park Blvd N.• Box 2007.Oak Park Heights.MN 55082•Phone(651)4394439•Fax 439-0574 Memorandum To: Eric Johnson, City Administrator Cc: Scott Richards, City Planner, Julie Hultman, Building Official From: Lisa Danielson, Arborist Date: 08/12/2016 Re: Menards Expansion Project-Arborist Review I have reviewed the landscape plans submitted by Tyler Edwards for the Menards Expansion Project. The following includes my comments and/or recommendations: Tree Inventory The pians submitted did not include an inventory of all existing significant trees on site (please reference City Ordinance 1307 and pages 11-15 in the Development Application packet). The inventory should include tree ID, species, size (in DBH), notes, and if the tree will be removed or preserved. This must correlate to the landscape plan submitted and is also needed to complete the tree replacement calculation if required. Tree Protection A tree protection plan must be submitted with the final plans to protect the trees which are in close proximity to the construction zone. The fencing should be placed at the drip-line of trees to be preserved, and should be described in the tree protection specifications (please reference City Ordinance 1307). Landscape Details and Notes The landscape legend shows a satisfactory choice of plants some native or improved cultivars of natives. Most of the trees and plants chosen are hardy under local growing conditions, relatively insect and disease free and fairly low maintenance. There is good species diversity in the plan. The following items must be addressed in the final plans: 1. All plants in the landscape legend must include the scientific (Latin) name and common name, size class, and type of planting stock. TREE CITY U.S.A. 78 of 200 City Council Agenda packet for 9-13-16 2. Planting of any Japanese Barberry (Berberis thunbergii) is prohibited in the City of Oak Park Heights. An alternate low maintentance shrub such as ninebark is recommended. 3. Planting detail diagrams and notes must be included for trees (deciduous, evergreens, and ornamentals) and shrubs. 4. The landscape contractor for the project is required to plant trees according to the approved planting detail submitted with the approved landscape plan. This will be checked after planting and any deviations from the detail will need to be corrected before the landscaping will be approved by the City. This needs to be included in the final submitted landscaping plans in the landscaping notes section. Please contact me if you have any questions regarding this landscape plan review. Please feel free to forward my comments to the development team for this project. 2 TREE CITY U.S.A. 79 of 200 City Council Agenda packet for 9-13-16 Julie Hultman From: Mann, Lee Sent: Wednesday,August 24, 2016 2:28 PM To: Scott Richards Cc: Julie Hultman;Andrew Kegley; Eric Johnson Subject: Menards Hi Scott, The only item I see on the Menards plan we talked about before, and that is the encroachment toward the pond where they are moving that retaining wall. They will need to document that the watershed is ok with that change. Let me know if you have any questions... Lee Principal Stantec 2335 Highway 36 West St. Paul MN 55113-3819 50 r The content of this email is the confidential property of Stantec and should not be copied,modified,retransmitted,or used for any purpose except with Stontec's written authorization.If you are not the intended recipient,please delete oil copies and notify us immediately. '�' .;f15 :: ,. , . _r-:iiGu:tfr•,•.;F-Styr t:fi•r4t! 'l`Y`i5!y1rYi7E=. 1. 80 of 200 City Council Agenda packet for 9-13-16 A RECOMMENDING RESOLUTION OF THE PLANNING COMMISSION CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY,MINNESOTA A RESOLUTION ESTABLISHING FINDINGS OF FACT AND RECOMMENDING TO THE CITY COUNCIL THAT THE REQUEST BY MENARDS FOR DESIGN GUIDELINES/SITE PLAN REVIEW FOR AN ADDITION TO A WAREHOUSE AND OTHER IMPROVEMENTS AT 5800 KRUGER LANE NORTH SHOULD BE APPROVED WITH CONDITIONS WHEREAS,the City of Oak Park Heights has received a request by Menards for Design Guidelines/Site Plan review for an addition to a warehouse and other improvements at 5800 Kruger Lane; and after having conducted a public hearing relative thereto, the Planning Commission of Oak Park Heights makes the following findings of fact: 1. The real property affected by said application is legally described as follows,to wit: SEE ATTACHMENT A and 2. The applicant has submitted an application and supporting documentation to the Community Development Department consisting of the following items: SEE ATTACHMENT B and 3. The property is zoned B-2 General Business District in which retail uses are a permitted use; and 4. Change to the exterior of the building and site changes require Design Guidelines/Site Plan review; and 5. The request includes a request for a 19,366 square toot addition to a warehouse at the southwest corner of the site, an adjustment to the fence and landscaping at the northwest corner of the site, enclosure of a portion of the exterior storage area, and removal of the garden center entrance and replacement with windows and walls to match the front fagade of the building; and 6. City staff prepared a planning report dated August 24, 2016 reviewing the request; and 81 of 200 City Council Agenda packet for 9-13-16 7. Said report recommended approval of the Design Guidelines/Site Plan review in that the project is in conformance with the criteria for Design Guidelines/Site Plan approval. Said recommendation was subject to the fulfillment of conditions; and 8. The Planning Commission held a public hearing at their September 1, 2016 meeting, took comments from the applicants and public, closed the public hearing, and made the following recommendation: NOW, THEREFORE,BE IT RESOLVED BY THE PLANNING COMMISSION FOR THE CITY OF OAK PARK HEIGHTS THAT THE PLANNING COMMISSION RECOMMENDS THE FOLLOWING: A. The application submitted by Menards for Design Guidelines/Site Plan review for an addition to a warehouse and other improvements at 5800 Kruger Lane and affecting the real property as follows: SEE ATTACHMENT A Be and the same as hereby recommended to the City Council of the City of Oak Park Heights for approval with the following conditions: 1. The Applicants are working with the developers of the property to the north, Oak Park Heights Retail Development, related to a curb cut so that there is a cross access with Menards. Approval of the design shall be subject to the City Engineer's review. 2. All light fixtures shall be Ml cut off, and be consistent with Section 401.15.B.7 of the Zoning Ordinance as it relates to lighting requirements. 3. The Planning Commission was favorable to the building design and building materials. 4. All mechanical equipment on the roof or on the site shall be fully screened in accordance with the provisions of the Zoning Ordinance. 5. The grading, drainage and utility plans shall be subject to review and approval of the City Engineer and the Brown's Creek Watershed District. 6. The landscape plan shall be subject to the review and approval of the City Arborist. Recommended by the Planning Commission of the City of Oak Park Heights this 1'Day of September, 2016. 2 82 of 200 City Council Agenda packet for 9-13-16 Jim Kremer, Chair ATTEST: Eric A. Johnson, City Administrator 3 83 of 200 City Council Agenda packet for 9-13-16 ATTACHMENT A Site PIan & Design Guidelines Review For Warehouse Expansion At Menard, Inc 5800 Krueger Lane,N. Legally described as; Lot 1, Block 1, Brackey 3rd Addition Washington County Property Identification Number: 05.029.20.22.0017 84 of 200 City Council Agenda packet for 9-13-16 ATTACHMENT B 4. Site Plan & Design Guidelines Review For Warehouse Expansion At Menard, Inc. 5800 Krueger Lane N. Application Materials • Application Form • Fees • Plan Sets (3 Large Scale Sets/20 11X17 Sets) • Written Narrative and Graphic Materials Explaining Proposal • Proof of Ownership or Authorization to Proceed • Property Tax Statement(s)/Legal Description(s) Planning Commission Review & Recommendation: September 1, 2016 85 of 200 City Council Agenda packet for 9-13-16 RESOLUTION NO. CITY COUNCIL CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA A RESOLUTION ESTABLISHING FINDINGS OF FACT AND RESOLUTION OF THE CITY COUNCIL THAT THE REQUEST BY MENARDS FOR DESIGN GUIDELINES/SITE PLAN REVIEW FOR AN ADDITION TO A WAREHOUSE AND OTHER IMPROVEMENTS AT 5800 KRUGER LANE NORTH BE APPROVED WITH CONDITIONS WHEREAS, the City of Oak Park Heights has received a request by Menards for Design Guidelines/Site Plan review for an addition to a warehouse and other improvements at 5800 Kruger Lane; and after having conducted a public hearing relative thereto,the Planning Commission of Oak Park Heights recommended that the application be approved with conditions. The City Council of the City of Oak Park Heights makes the following findings of fact and resolution: I. The real property affected by said application is legally described as follows, to wit: E: ATTACHMENT A and 2. The applicant has submitted an application and supporting documentation to the Community Development Department consisting of the following items: SEE ATTACHMENT B and 3. The property is zoned B-2 General Business District in which retail uses are a permitted use; and 4. Change to the exterior of the building and site changes require Design Guidelines/Site Plan review; and 5. The request includes a request for a 19,366 square foot addition to a warehouse at the southwest corner of the site, an adjustment to the fence and landscaping at the northwest corner of the site, enclosure of a portion of the exterior storage area, and removal of the garden center entrance and replacement with windows and walls to match the front facade of the building; and 86 of 200 City Council Agenda packet for 9-13-16 6. City staff prepared a planning report dated August 24, 2016 reviewing the request; and 7. Said report recommended approval of the Design Guidelines/Site Plan review in that the project is in conformance with the criteria for Design Guidelines/Site Plan approval. Said recommendation was subject to the fulfillment of conditions; and 8. The Planning Commission held a public hearing at their September 1, 2016 meeting, took comments from the applicants and public, closed the public hearing, and recommended that the application be approved with conditions. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL FOR THE CITY OF OAK PARK HEIGHTS THAT THE CITY COUNCIL APPROVES THE FOLLOWING: A. The application submitted by Menards for Design Guidelines/Site Plan review for an addition to a warehouse and other improvements at 5800 Kruger Lane and affecting the real property as follows: SEE ATTACHMENT A Be and the same as hereby approved by the City Council of the City of Oak Park Heights with the following conditions: 1. The Applicants are working with the developers of the property to the north, Oak Park Heights Retail Development, related to a curb cut so that there is a cross access with Menards. Approval of the design shall be subject to the City Engineer's review. 2. All light fixtures shall be full cut off, and be consistent with Section 401.15.B.7 of the Zoning Ordinance as it relates to lighting requirements. 3. The Planning Commission was favorable and the City Council approves the building design and building materials. 4. All mechanical equipment on the roof or on the site shall be fully screened in accordance with the provisions of the Zoning Ordinance. 5. The grading, drainage and utility plans shall be subject to review and approval of the City Engineer and the Brown's Creek Watershed District. 6. The landscape plan shall be subject to the review and approval of the City Arborist. Approved by the City Council of the City of Oak Park Heights this 13th day of September, 2016. 2 87 of 200 City Council Agenda packet for 9-13-16 Mary McComber, Mayor ATTEST: Eric A. Johnson, City Administrator 3 88 of 200 City Council Agenda packet for 9-13-16 ATTACHMENT A Site Plan & Design Guidelines Review For Warehouse Expansion At Menard, Inc 5800 Krueger Lane,N. Legally described as: Lot 1, Block 1, Brackey 3rd Addition Washington County Property Identification Number: 05.029.20.22.0017 89 of 200 City Council Agenda packet for 9-13-16 ATTACHMENT B "P Site Plan & Design Guidelines Review For Warehouse Expansion At Menard,Inc. 5800 Krueger Lane N. Application Materials • Application Form • Fees • Plan Sets (3 Large Scale.Sets/20 11X17 Sets) • Written Narrative and Graphic Materials Explaining Proposal • Proof of Ownership or Authorization to Proceed • Property Tax Statement(s)/Legal Description(s) Planning Commission Review & Recommendation: September 1, 2016 90 of 200 City Council Agenda packet for 9-13-16 Oak Park Heights Request for Council Action Meeting Date_ September 13'b 2016 Time Required: 10 Minutes Agenda Item Title: 5527 Oakgreen Place North—Storage Building Conditional Use Permit Agenda Placement New BusiWeez/ Originating Depatfxnen �Ve ric Johnson C' Administrator Requester's Signature Action Requested Di sion Possible Action Background/Justification(Please indicate if any previous action has been taken or if other public bodies have advised): Please see the attached from City Planner Scott Richards: I. Planning Report dated August 24',2016 2. Planning Commission Resolution-Unsigned 3. Proposed City Council Resolution 91 of 200 City Council Agenda packet for 9-13-16 TPC3801 Thurston Avenue N.Suite 100 Anoka. MN 55303 Phone:7e3.231.5840 Facsimile:763.427.0520 ENmDSLM TFr.6F%nn1n9Co.aon MEMORANDUM TO: Eric Johnson FROM: Scott Richards DATE: August 24, 2016 RE: Oak Park Heights— Request a Conditional Use Permit for a Storage Building—5527 Oakgreen Place North TPC FILE: 236-05- 16.01 BACKGROUND Scott and Christina Mitchell have made an application for a Conditional Use Permit to allow a storage building In the side yard setback at 5527 Oakgreen Place North. The appilcants have indicated that there is no room in the back yard, and request to place the shed so that it is adjacent to the side yard driveway. The property is zoned R-1 Single Family Residential District. EXHIBITS The review is based upon the following submittals: Exhibit 1: Project Narrative Exhibit 2: Air Photo of Property Exhibit 3: Building Permit Application with Certificate of Survey Exhibit 4: Building Specifications Exhibit 5: Elevation of Structure Exhibit 6: Floor Plan Exhibit 7: Pictures of House and Shed Location PROJECT DESCRIPTION The property at 5527 Oakgreen Place North is constructed with a single family house with a three stall garage. There are no other detached accessory sbuctures on the lot. There is an existing raised driveway on the side of the house that was censtnmted prior 92 of 200 City Council Agenda packet for 9-13-16 to the current owners. The driveway was constructed with a retaining wall directly on the side lot line and within the five-foot drainage easement. The proposed accessory building will be placed on this driveway and will be setback one foot from the property line. The building is 122 square feet and will match the color and architectural style of the house. It would also be within the height requirements of the accessory building section of the Zoning Ordinance. The applicant has requested the Conditional Use Permit in that It is the owners desire to locate the shed on this side of the house with access to the driveway. The covered porch will be used for firewood storage. The back yard of the house in this area is not large enough to accommodate the shed. The shed could be placed on the other side of the lot, but that location would not be convenient for the home owner. Additionally, there are a number existing trees in the back yard. ISSUES ANALYSIS Comprehensive Plan: The property is designated as low density residential in. the Comprehensive Land Use Map. The request for a shed is consistent with the Comprehensive policies related to low density land use. Zoning: The property is zoned R-1 Single Family Residential District. The accessory building requirements in Section 401.15. D of the Zoning Ordinance require that the structures be no more than 12 feet In_height, five or more feet from side lot lines, eight feet from the rear lot line and six feet from any other structure on the same lot. The proposed building will be less than 12 feet in height (proposed at nine feet), will be one foot from the side lot line, more than eight feet from the rear 1ot line and six feet from the house. A conditional use permit has been requested to vary from the side lot lot requirement. The criteria for reviewing the CUP request Is reviewed later in this report. Drainage The City Engineer has reviewed the plans and visited the site. The garage is to be placed on existing hardcover and should not impact the existing drainage patterns of the driveway. The shed will be placed In the required fire-fit drainage easement. If for some reason the City will needs to utilize that drainage easement, the garage and possibly the raised driveway would need to be removed at the owner's expense. Accessory Building Requirements: Section 401.15.D provides a list of requirements for construction of an accessory building on a property. Please find a review.of those that apply to this request: 2 93 of 200 City Council Agenda packet for 9-13-16 3.) The accessory building can be no more than 12 feet in height (midpoint of the gabled roof) unless approved by the Building Official to a total of 17 feet. The proposed garage will be nine feet in height. 6.) The total accessory building area must be less than 1,000 square feet. The total with the existing garage is approximately 834 square feet. 11.) The same or similar quality exterior material shall be used in the accessory building and the principal building. The new shed has a gabled roof and siding that will match the house. Conditional Use Permit Criteria: Section 401.15.C.1.e.5) provides criteria for review of a reduction in a required lot in a yard A review of the criteria is as follows: a) The reduction of setback requirements is based upon specific need or circumstance which is unique to the property in question and which, if approved, will not set a precedent which is contrary to the intent of this Ordinance. Placement of a detached garage in the rear yard would conflict with existing significant trees and the drainage patterns. b) Property line drainage and utility easements as required by the City's Subdivision Ordinance are provided and no building will occur upon this reserved space. The existing drainage easement was already encroached upon by a raised driveway. The shed will be placed on this existing driveway. It will be the homeowner's responsibility to remove the shed and driveway if required by the City for drainage purposes. c) The reduction will work toward the preservation of trees or unique physical features of the lot or area. Existing trees will be preserved by placing the shed on existing hardcover instead of the rear yard. d) if affecting a north lot line, the reduction will not restrict sun access from the abufting lots. The proposed shed will not impact sun access for the adjoining property. e) The reduction will not obstruct traffic visibility, cause a public safety problem and complies with Section 407.95.8.6 of this Ordinance. The setback of the shed will not create safety issues. 3 94 of 200 City Council Agenda packet for 9-13-16 0 The conditions of Section 409.03.A.8 of this Ordinance are considered and satisfactorily met. The conditions have been reviewed and City Staff does not see any conflict with this proposed shed. CONC LUSIONIRECOMM E N DATION Upon review of the request for the Conditional Use Permit, City staff would recommend the shed construction with the following conditions: 1. The applicant shall be responsible to remove the shed and driveway if required by the City for drainage purposes. 2. The applicant shall apply for and receive a building permit for the structure. 3. Any other conditions of the Planning Commission, City Council and City Staff. 4 95 of 200 City Council Agenda packet for 9-13-16 Juke Flultman Subject: FW:5527 Oakgreen place N.Shed Narrative From:Scott Mitchell Sent:Sunday,August 14, 20161:50 PM To:Julie Hultman<jhultman@cityofoakparkheights.com> Subject:5527 Oakgreen place N.Shed Narrative The shed we would like to build is a wood frame package from Menards the link to the materials is attached in the previous email, I would like to place it as shown in the CUP application on the parking pad to the east line of the said property. The color will be in the tans to closely match the existing house with white lx trim, soffit and shingles to match also. Best Regards Scott Mitchell i 96 of 200 City Council Agenda packet for 9-13-16 CITY OF OAK PARK HEIGHTS 16166 Oats Pr1,6wd N.Box?OU1.0�pxk#Inghls,i�S50p2•P1weN(697}�Q�.fax[�f}43�G414 BUILDING PERMIT APPLICATION Contractor: Applicants Name: - Address: City/State/Zip: Phone#: Fax# State License#: City License# Lead Certification# E-Mail Project Supervisor: Phone#: E-Mail Owner: Address: S City/State/ IMA 44c-,P,Lfg _ Phone Number: E-Mai , CLASS OF WORK:,,, ,_New Addition Remodel Repair Deck Demolition Brief Description of work: on o n ��� BUILDING INFORMATION: Type of Construction Occupancy Number of Stories Square Footage Calculations: 1st Story 2•d Story Basement Other Max. Occupant Load Fire Sprinklers Required?Yes/No Sprinkled yes/no Separate permits are required for electrical,plumbing,and heating. This permit becomes null and void if work or construction authorized has not commenced within 180 days,or if work is suspended or abandoned for a period of 180 days. I hereby certify that I have read and examined this application and know the same to be true and correct. All provisions of laws and ordinances governing this type of work will be complied with whether specified herein or not. The granting of a permit does not presume to give authority to violate or cancel the provisions of any other state or local law regulating construction or the performance of construction. Date: A -- t Applicant's Signature Project Address ,95,*Q? 1+C.�i1�_ 1. Valuation oo FOR OFFICIAL USE ONLY Building Permit$ Plan Review$ Surcharge$ SAC$ Meter$ Utility Inspections$ Investigation Fee$ Other Fees$ TOTAL PERMIT FEE $ 97 of 200 City Council Agenda packet for 9-13-16 ,. All t a w GNi m � � Mix . t J r' , v f, e, Ifv kt 00 m r a W , e 6 F y I� 98 of 200 ,w,City Council Agenda pa 9-13-16 APR-19-1993 1314 FROM -th Surveying 70 KRDNGARD CONST P.01 u 'tizrs •Su�vu�, CERTIFICATE '.OF SURVEY FOR a ra�s�r. I HEg1yDY CERTIFY THAT TM1! SuI1M¢sf.pl AN,Oq 11CpORT WAS AAEIRfp KURTH SURVEYING INC.4002 BY ME OR UNDER MY01A SYPERMI®IOM A A002 JEFFERSON STtiF!'T NX. 8 STEREO LARD fkY VEXO umveR 7Ht LA'W F 1 AM A Duty COLUMBIA HEIGHTS MINWSOT,A 45421 t STATE Of Mimmir"TA. 012-768-9149 DATE MINNESOTA REGIi TJONI NO. I GI t PROPOSED ' SCALE IK. GRADES ' OUIRON MONUMENT •LARINGS ARS ON AN A$SY4iD DATUM GARA09 GLAB * R� A• id A SPIK9 SET TOP OF BL.00K% 343 . 5 I,1• $POT ELEVATIck ,�',•�' BASEMENT FLOOR■ Q '" P+ROP69Sp Ej.EV. qL4 eb �") ..�-�►a DRlll+l/1RE ARR41iy 1 -4-.Q0 . <Z>C:> � •Q AD o. 0 tj {, � ►c o r 81 .� � CANT' I "� l •Q ly � 3 • � r o > >� f Q 00,kc Q 99 of 200 City Council Agenda packet for 9-13- 2 Saline-Building Plans Only Page i of � r ipJ r DerticaW to Service k QUWHY" Saline - Building Plans Only Product SPWAeadoms: Dimensions: 17'W x 12'L x 9'H Online Pace t Model Number:29015 $119.79 per plan Menard SKU: 1001102 Building Size: 122 square foot Overall Width: 17 foot — ' Overall Length: 12 foot .� - includes:Covered Overhang Online Availability Ship to Home-Freel Estimated arrival date 06115/2016. Ship to Store-Freel Not eligible for Ship to Store Store Availability Product Description The Saline is a single-story traditional storage shed that is built on slab foundation. This building also features an outdoor firewood storage area. This product only includes building plans and is not a fully assembled shed. This product does not include the lumber and materials for this project, which are sold separately. • 17'wide • 12' long • 9' high • 122 square feet • Building plans only • Building materials not included • For floor plans and elevations click"View Floor Plan"above or"view PDF file" below Brand Name: Advanced Designs Inc --------------------------------------•---......................................--................................................................................................................--........................................._ Please Note: Prices, promotions, styles and availability may vary by store and online. While we do our best to provide accurate item availability information, we cannot guarantee in-stock status and availability as inventory is sold and received continuously throughout the day. Inventory last updated 8/10/2016 at 5:00am EST. Online orders and products purchased in-store qualify for rebate redemption. Rebates are provided in the form of a merchandise credit check which can only be used in a Menard?store. Menardse 5106 Menard Drive Eau Claire, WI, 54703, USA customerservice(M menardsoc.eom 100 of 200 City Council Agenda packet for 9-13-16 hltp://www.menards.com/main/skin/building-materials/books-building-plans/storage-building-plans/saline-building-pians-only/p-14... 8/10/201 Page 1 of 2 29015-SALINE lot y � W 101 of 200 City Council Agenda packet for 9-13-16 �W Page 2 of 2 29015-SALINE Firewood S h e d Storage 4 4 Ira 11 x11 Advanced Designs Inc. 171,W069 FLOOR PLAN 102 of 200 City Council Agenda packet for 9-13-16 a. w e y s .til. I� . •t pi°� , �Ypy, �w i, I, w ...y 5 c lal l �� +C"'Mi� .." "p"., .x,x v.a �. �i•y,. �,� 6 " t k� x. At IV No r rr,. v i r 40L� h q i^ M4 F ♦4 r3 �q e ' oft Amou W tw a hry mt , w • , n! �r.�w�+>� �++. �r.��,.^jai�...... Jam+.-- ry •�„ ." ��. +�yY 4 `e•�Y tir AK • q V�x� � -•� '�, .t,�x '�^� any- �d� r. ,,y� �yFaly MR a. c. • N ,; a y'+�,a �� N � � �• � ' .�� W V a { r i 4t Www r I r ' + rv� " �Yr m r Y�� = � � 'w � �.e� P • gym\ 4� �• a M w r; _ n•. + � SCC 'iil�, �. i wwy r � • °�� Yin Uw. �_. .q • �•' •. •. • • X� A � t i -I l T i 16� Allam.-.�. .w.b•'o�.�..�"".^°"'''�m""^' iw. � .� 106 of 20 y Council Agenda packet for 9-13-16 ° 4 •tl.r �M . r Iy G " �`.. V. fµ� r y � 13L � low y�y t a A RECOMMENDING RESOLUTION OF THE PLANNING COMMISSION CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY,MINNESOTA A RESOLUTION ESTABLISHING FINDINGS OF FACT AND RECOMMENDING TO THE CITY COUNCIL THAT THE REQUEST BY SCOTT AND CHRISTINA MITCHELL FOR A CONDITIONAL USE PERMIT TO PLACE AN ACCESORY BUILDING IN THE SIDE YARD SETBACK AT 5527 OAKGREEN PLACE NORTH SHOULD BE APPROVED WITH CONDITIONS WHEREAS,the City of Oak Park Heights has received a request from Scott and Christina Mitchell for a Conditional Use Permit to allow a storage building in the side yard setback at 5527 Oakgreen Place North; and after having conducted a public hearing relative thereto,the Planning Commission of Oak Park Heights makes the following findings of fact: 1. The real property affected by said application is legally described as follows, to wit: SEE ATTACHMENT A and 2. The applicant has submitted an application and supporting documentation to the Community Development Department consisting of the following items: SEE ATTACHMENT B and 3. The property is zoned R-1 Single Family Residential District in which single family uses and accessory detached structures are a permitted use; and 4. Section 401.15.D.2 of the Zoning Ordinance requires a Conditional Use Permit for the placement of the structure in the side yard; and 5. The 122 square foot structure is proposed at one foot from the side lot line; and 6. Section 401.15 D of the Zoning Ordinance require structures to be five feet from the side lot line; and 108 of 200 City Council Agenda packet for 9-13-16 7. The structure will also be placed within a five-foot drainage easement. The City Engineer has reviewed the property and structure placement and indicated there should be no drainage issues created by the accessory building; and S. City staff prepared a planning report dated August 24,2016 reviewing the request; and 9. Said report recommended approval of the Conditional Use Permit in that they were in conformance with the criteria for issuance of Conditional Use Permits found in Section 401.15.C.Le.5 and Section 401.03.A.7 of the Zoning Ordinance. Said recommendation was subject to the fulfillment of conditions; and 10. The Planning Commission held a public hearing at their September 1, 2016 meeting, took comments from the applicants and public, closed the public hearing, and made the following recommendation: NOW,THEREFORE,BE IT RESOLVED BY THE PLANNING COMMISSION FOR THE CITY OF OAK PARK HEIGHTS THAT THE PLANNING COMMISSION RECOMMENDS THE FOLLOWING: A. The application submitted by Scott and Christina Mitchell for a Conditional Use Permit to allow a storage building in the side yard setback at 5527 Oakgreen Place North and affecting the real property as follows: SEE ATTACHMENT A Be and the same as hereby recommended to the City Council of the City of Oak Park Heights for approval with the following conditions: 1. The applicant shall be responsible to remove the shed and driveway if required by the City for drainage purposes. 2. The applicant shall apply for and receive a building permit for the structure. Recommended by the Planning Commission of the City of Oak Park Heights this I'Day of September, 2016. Jim Kremer, Chair ATTEST: Eric A. Johnson, City Administrator 2 109 of 200 City Council Agenda packet for 9-13-16 ATTACHMENT A f Site Plan Review & Conditional Use Permit(CUP) For Accessory Building Placement At 5527 4akgreen Place, N. Legally described as: Lot 3, Bloch 1, Valley Point 2nd Addition Washington County Property Identification Number: 04.029.20.23.0073 110 of 200 City Council Agenda packet for 9-13-16 ATTACHMENT B y Site Plan Review & Conditional Use Permit(CUP) For Accessory Building Placement At 5527 Oakgreen Place, N. Application Materials • Application Form • Fees • Written Narrative and Graphic Materials Explaining Proposal • Mailing List from Washington County (500' from subject property) • Proof of Ownership or Authorization to Proceed • Property Tax Statement(s)/Legal Description(s) Public Hearing: September 1, 2016 Required Approvals: C.U.P. City Council 4/5 ConditionaI Use Permit - Lapse of Approval: Unless the City Council specifically approves a different time when action is officially taken on the request, the conditional use permit shall become null and void twelve (12) months after the date of approval, unless the property owner or applicant has substantially started the construction of any building, structure, addition or alteration, or use requested as part of the conditional use. An application to extend the approval of a conditional use permit shall be submitted to the Zoning Administrator not less than thirty(30) days before the expiration of said approval. (401.03.C.4.a and b) 111 of 200 City Council Agenda packet for 9-13-16 RESOLUTION NO. CITY COUNCIL CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY,MINNESOTA A RESOLUTION ESTABLISHING FINDINGS OF FACT AND RESOLUTION OF THE CITY COUNCIL THAT THE REQUEST BY SCOTT AND CHRISTINA MITCHELL FOR A CONDITIONAL USE PERMIT TO PLACE AN ACCESORY BUILDING IN THE SIDE YARD SETBACK AT 5527 OAKGREEN PLACE NORTH BE APPROVED WITH CONDITIONS WHEREAS,the City of Oak Park Heights has received a request from Scott and Christina Mitchell for a Conditional Use Permit to allow a storage building in the side yard setback at 5527 Oakgreen Place North; and after having conducted a public hearing relative thereto,the Planning Commission of Oak Park Heights recommended that the application be approved with conditions. The City Council of the City of Oak Park Heights makes the following findings of fact and resolution: 1. The real property affected by said application is legally described as follows,to wit: SEE ATTACHMENT A and 2. The applicant has submitted an application and supporting documentation to the Community Development Department consisting of the following items: SEE ATTACHMENT B and 3. The property is zoned R-1 Single Family Residential District in which single family uses and accessory detached structures are a permitted use; and 4. Section 401.15.D.2 of the Zoning Ordinance requires a Conditional Use Permit for the placement of the structure in the side yard; and 5. The 122 square foot structure is proposed at one foot from the side lot line; and b. Section 401.15 D of the Zoning Ordinance require structures to be five feet from the side lot line; and 112 of 200 City Council Agenda packet for 9-13-16 7. The structure will also be placed within a five-foot drainage easement. The City Engineer has reviewed the property and structure placement and indicated there should be no drainage issues created by the accessory building; and S. City staff prepared a planning report dated August 24, 2016 reviewing the request; and 9. Said report recommended approval of the Conditional Use Permit in that it is in conformance with the criteria for issuance of Conditional Use Permits found in Section 401.15.C.l.e.5 and Section 401.03.A.7 of the Zoning Ordinance. Said recommendation was subject to the fulfillment of conditions; and 10. The Planning Commission held a public hearing at their September 1, 2016 meeting,took comments from the applicants and public, closed the public hearing, and recommended the application be approved with conditions. NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL FOR THE CITY OF OAK PARK HEIGHTS THAT THE CITY COUNCIL APPROVES THE FOLLOWING: A. The application submitted by Scott and Christina Mitchell for a Conditional Use Permit to allow a storage building in the side yard setback at 5527 Oakgreen Place North and affecting the real property as follows: SEE ATTACHMENT A Be and the same as hereby approved by the City Council of the City of Oak Park Heights with the following conditions: 1. The applicant shall be responsible to remove the shed and driveway if required by the City for drainage purposes. 2. The applicant shall apply for and receive a building permit for the structure. Approved by the City Council of the City of Oak Park Heights this 13th day of September, 2016. Mary McComber, Mayor ATTEST: Eric A. Johnson, City Administrator 2 113 of 200 City Council Agenda packet for 9-13-16 ATTACHMENT A Site Plan Review & Conditional Use Permit (CUP) For Accessory Building Placement At 5527 Oakgreen Place, N. Legally described as: Lot 3, Block 1, Valley Point 2nd Addition Washington County Property Identification Number: 04.029.20.23.0073 114 of 200 City Council Agenda packet for 9-13-16 ATTACHMENT B Site PIan Review & Conditional Use Permit(CUP) For Accessory Building Placement At 5527 Oakgreen Place,N. Application Materials • Application Form • Fees • Written Narrative and Graphic Materials Explaining Proposal • Mailing List from Washington County (500' from subject property) • Proof of Ownership or Authorization to Proceed • Property Tax Statement(s)/Legal Description(s) Public Hearing: September 1, 2016 Required Approvals: C.U.P. City Council 4/5 Conditional Use Permit-Lapse of Approval: Unless the City Council specifically approves a different time when action is officially taken on the request, the conditional use permit shall become null and void twelve (12) months after the date of approval, unless the property owner or applicant has substantially started the construction of any building, structure, addition or alteration, or use requested as part of the conditional use. An application to extend the approval of a conditional use permit shall be submitted to the Zoning Administrator not less than thirty(30) days before the expiration of said approval. (401.03.C.4.a and b) 115 of 200 City Council Agenda packet for 9-13-16 Oak Park Heights Request for Council Action Meeting Date _ September 11!' 2016 Time Required: 1 Minute Agenda Item Title: CSAH 26—Stormwater Main Installation Agenda Placement New Business Originating Department/Requen Cifty Administrator ; - Requester's Signature Action Requested iscuss' Possible Action, Background/Justification ease indicate if any previous action has been taken or if other public bodies have advised): The City has been approached by Washington County to approve an Amendment(#I)to the CSAH 26 project—the south frontage road.See DRAFT attached. Apparently Holiday and McCullough desired that a storm water line be installed under the new roadway that may allow a future tie in to the County ponds and downstream City systems by a developer of the McCullough property. This was a last minute request by Holiday of the County during construction and was not part of the dialogue while the balance of the project was under consideration. As this storm line does tie into the City's downstream facilities any storm water contribution or use of such pipe does need to be evaluated and accounted for, including any permitting and discharge rates/volume or quality, etc—and which has not yet occurred.Therefore,the City could not grant approval of this element without at least some basis or knowledge of what is to be connected to it and an evaluation made.To date there still remains no such information. That said,if Washington County desires to install an unutilized storm water pipe in its ROW,the City has no basis to object and is not the City inii-ast ucture to manage. But, should there be a connection made to it in the fixture, such connection would require City approval. Washington County has installed this pipe—keeping it entirely within the County ROW-and has bulk headed so there can be no use or access to the pipe without entering into the County ROW and removing such blockage.At this time the County has requested the City consider an Amendment that would prospectively allow a connection to this pipe. The City would be first required to provide its approval. Is the City required to execute this?No,it is not,nor was it contemplated in the development of the base agreements. However,as the project moved forward this pipe was considered and may prevent a future roadway disruption IF such connection is permissible by the City at that time. The City is making no commitments that such connection is permissible or guaranteed.Attached is a DRAFT agreement for Council consideration and discussion. Recommendation: Approve the amendment,subject to final City Approval and City Engineer required alterations or conditions. 116 of 200 City Council Agenda packet for 9-13-16 AMENDMENT NO. 1 CITY UTILITY CONNECTION COST SHARING AGREEMENT This Amendment No. 1 is entered into by and between Washington County and the City of Oak Park Heights, in order to amend agreement No. 10228 dated June 21, 2016, thereto as follows: 1. Page 1, Item 1, is amended to add: "The County shall be additionally responsible for continuing maintenance costs for storm sewer repairs to the Storm Pipe Stub, as shown in Exhibits D5 and D6." 2. Page 2, is amended to add: "6. The County's approval of a developer's connection to the Storm Pipe Stub or any other portion of the storm water system is conditjpnal on the City's written approval." All other terms and conditions of Agreement No. 10228 nS amended herein remain in full force and effect. WASHINGTON COUNTY CITY OF OAK PARK HEIGHTS Chair Date Mayor,City of Oak Park Heights Date Board of Commissioners Molly O'Rourke Date Eric Johnson Date County Administrator City Administrator Approved as to form: Approved as to form: Assistant County Attorney Date City Attorney Date 117 of 200 City Council Agenda packet for 9-13-16 LLI C3_ Q c a IK a dN gEj d-�� c I Sin w NNQ� aNa a•� I N F9 f 6 W SJCG Wu�1 H.i �j O Lj S (> I. G ¢ W }i N WPJi dY F WF m D. MOR i I 0 JO � � ~ St Oma In 0 I Yg1yyyy.� u <<�� �a $ 0 3 � wl= iY8 00000 00 O N « ----- - _ o II 4eeg Komi 43 Z. J� I d I Iy J 1, ✓ Do .. I N ---_ N Q 3 a N \` Q0 dr d :m _ + � � 5.♦ `` 1, '.�1 I � I d N ` leg. JM O d« s l , I 1 nm 1 1 1 ..♦'I..- S� II_ W i a I N G Uj I C = jj rrfifi o v 5S � V)VI Vl O w •rea�nan.ww�ei nemwmoe.umn.r.. norw� 118 of 200 City Council Agenda packet for 919-119 u1 C) Ln O � O Ln O Ln b In o I- p� jr1 M N N O O O� Ot m m Ujj"I4 O 01 O1 01 Ot 01 LLI Of 01 01 m W /O w = Y/ xar WO 0 8£'006 d slos e - W ££' GI'Yfi9 aid ��FF�m $„=„ 9109LU �_ow o, $n�n inn 0~ N O d y ��=P$� �d N a r $o wa g� a vi bb•868 u� Q. rZ+v bS05♦7 1.699 ��c ` C - 6 15'968! 6 ig N £TOS 1 Y•699 .J,� ,m, s S£'BBB � Y9'fi99 ILos fl Y9•fie9 N s n W A w r C t 6 // ~V O VOF e k mss 01'106 6iofiegi�w� j 1 t05 iY'069 a'g^n x 9�mg !. -M. ®J. J3 A n Sj 09 POS69 _ W 9005/ fifi•[6Y / qq f �x a 7i 1 ��d £009 «6 LOOS 'CBS 62•1692p • $ 089005 6i•16P n o # !n } N 1s,[se N a $ Or, 06'b06 Y Boos x E fit w 44P 6 ^ N Y005 m•aiR u« elos,to e s0as Lse ii Mm O6'60�-IN $ LOOS a ! a 1 � o N q F I I W x 1B� fi'P6$ p�n o 6£'906 YL'G9fi ��� S9'206 -110s 01On Im 05 o On o ' 0005 dg g ! 1005. n WIt ,$ In O [n O in O jci O Ln O in o In R] N N '+ O O On Ot m CO. - S O1 O1 O> 01 O] 01 m 01 m m- m- m mestierM�lwnMs[no�tYmf�vmnn.. � 119 of 200 City Council Agenda packet for 9-13-16 Change Order Page 1 of 2 STATE AID FOR LOCAL TRANSPORTATION CHANGE ORDER City/County of Washingtgn_Counly Public WorkChange Order No. 1 FEDERAL PROJECT NO. STATE PROJECT NO. LOCAL PROJECT NO. CONTRACT NO. SAP 082-626-003 SAP 082-626-003 10291 CONTRACTOR NAME AND ADDRESS LOCATION OF WORK Amt Construction 2190 Phelps Rd. TOTAL CHANGE ORDER AMOUNT Hugo, MN 55038 $7,323.82 In accordance with the terms of this Contract,you are hereby authorized and instructed to perform the work as altered by the following provisions. ISSUE: A stipulation in the purchase agreement between Holiday Stationstores and McCollough and Sons stated that a storm sewer pipe stub be constructed to satisfy McColloughs future ponding needs. Holiday exchanged a portion of this property for a portion of County right-of-way allowing the County to construct its new CSAH 26 alignment on a portion of the Holiday property. In an effort to maintain a good business relationship with Holiday,the County agreed to fulfill Holidays requirement to construct the storm sewer pipe stub. The pipe stub is to be installed by the County's road contractor with costs fully paid by Holiday.The pipe stub is to be installed per plan, connected to the County's storm sewer distribution system, and extend to the County's right-of-way. RESOLUTION: Install a stoma sewer pipe stub from the County's storm sewer system to the County right of=way per plan.The cost for the storm sewer pipe stub will be 100%funded by Holiday Stationstores. This contract change supplements the above-referenced contract and shall be performed pursuant to the terms and conditions of that contract. Unless specifically amended herein, all other terms and conditions of the above- referenced contract shall remain in full force and effect. COST BREAKDOWN Item No. I Item Junit Unit Price I Quantity Amount Funding Category No.003 2021.501 MOBILIZATION LUMP$UM $1,350.00 1 $1,350.00 2331.609 CONTRACTOR MARKUP LUMP SUM $665.80 1 $665.80 2412.602 BULKHEAD EACH $370.00 1 $370.00 2501.561 ,18"RC PIPE CULVERT DES 3006 CL IV L F $37.00 24 $888.00 2503.602 CONNECT INTO EXISTING DRAINAGE STRUCTURE EACH $3,400.00 1 $3,400.00 2503.603 1 TRENCH EXCAVATION L F $46.43 14 $650.02 Change Order No.1 Total;1$7,323.821 *Funding category is required for federal projects. CHANGE IN CONTRACT TIME (check one) Due to this change the Contract Time: a. [ ] Is Increased by Working Days b. [ X ] Is Not Changed 120 of 200 City Council Agenda packet for 9-13-16 http://tpd-02/RtAEC/Reportshpl ChangeOrder.asp?changeorderid=632&showFunding=l 9/9/2016 Change Order Page 2 of 2 [ ] Is Decreased Working Days by Calendar c. [ ] May be revised if work affected the controlling [ ] Is Increased by Days operation [ ] Is Decreased Calendar by Days Approved By Project Engineer: Cory Slagle Approved By Contractor. Amt Construction Signed Signed Date: Phone: 651 430-4337 4 Date: Phone: 651 426-1296 Original to Project Engineer; Copy to Contractor Once contract has been fully executed,forward a copy to DSAE for funding review: The State of Minnesota is not a participant in this contract;signing by the District State Aid Engineer is for FUNDING PURPOSES ONLY.Reviewed for compliance with State and Federal Aid RulewPolicy. Eligibility does not guarantee funds will be available. This project is eligible for: Federal Funding State Aid Funding Local funds District State Aid Engineer: Date: 121 of 200 City Council Agenda packet for 9-13-16 http://tpd-02/RtAEC/Reports/rpt ChangeOrder.asp?changeorderid=632&showFunding=l 9/9/2016 OVA Oak Park Heights Request for Council Action Meeting Date September 1.4, 2016 Time Required: _^6 min Agenda Item Title: Finance Policy Changes Agenda Placement New Item Originating Department/Requestor Finance— Betty Caruso Requester's Signature Action Requested _Approve the changes to Finance Policies as outlined and adopt a new Poligy for Purchasing Cards and a new Poligy for Snow Plow Funding Reserve. Background/Justification (Please indicate if any previous action has been taken or if other public bodies have advised): PURCHASING CARD POLICY The Bureau of Criminal Apprehension who supplies training to the City's law enforcement is requiring pre-payment at the time of registration starting 9/1/2016. This a new requirement. They will accept only credit card or Pay-Pal payments. This necessitated that the City obtain a credit card in order for our officers to schedule training. The introduction of a city owned credit card facilitates the need for a policy for the use and administration of the purchasing card. I am recommending in the policy that the cards should only be used when the normal purchasing system cannot be used. The policy requires that there be approval of the card holders from both the City Administrator and Finance Director. At this time, only the chief will be utilizing the purchasing card system and another card will be issued for the Finance Director as this gives access to the account for questions or issues that may arise. SNOW PLOW FUNDING RESERVE During the budget process the council established that unspent budgeted funds for snow plowing services should be maintained in the Undesignated Fund Balance and utilized for stabilizing the annual budget. The policy addresses the maximum amount to be maintained and the use of the funds. OTHER FINANCE POLICIES While reviewing the purchasing policy it was noted that many of the finance policies needed updating. I have included the changes to the present policies for your consideration in adoption. An outline of the changes are as follows: • Budget Process Policy-changes in the calendar to correlate with MN Statutes. • Cash Receipting Policy-changes in employee titles, changes to when a receipt is issued. 1 122 of 200 City Council Agenda packet for 9-13-16 • Fixed Asset Policy-change the inventory(non-capitalized assets)threshold from $Soo to $1,000,unless requested by department heads. Finance has found that keeping inventory of smaller items is cumbersome and not useful. insurance uses a percentage of the building value for insuring its contents. • General Leger Process Policy-changes in employee titles. • Investment Policy-Changes in employee titles, restricting investments to banks with headquarters in the United States, outlining permissible collateralization and requirements of the depositories to"perfect"the collateral. • MIS Computer Policy-updated for current practices. • Payroll Policy-changes for dates of payments, council payment is second Tuesday, Overtime is included with regular checks, addressing convenience of punching the time clock before a shirt or after a shift. Changes in employee titles. • Purchasing Policy-employee title changes, changes to correlate with MN Statutes,use of purchasing cards and reference to that policy. • Tax Administration Policy-Changes to reference the MN Statutes. The last changes to the policies was in 2007. The above changes are just to amend the policies to be current with the changes in Statutes and with actual practices of the Finance Department. 2 123 of 200 City Council Agenda packet for 9-13-16 CITY OF OAK PARK HEIGHTS, MN PURCHASE CARD POLICY POLICY: The purpose of this policy is to provide detailed information regarding the use of purchase cards authorized by the Oak Park Heights City Council and assigned by the City Administrator to selected department directors to purchase goods and services for the City. The use of the purchase card is an alternate means of payment and is not meant to replace the standard purchasing system of the city. The use of purchase cards should only take place when the normal purchasing system cannot be used and/or the use of a credit card is the only purchasing mechanism allowed. STATUE AUTHORITY: Minnesota Statute 471.382 Credit Cards. "A city council may authorize the use of a credit card by any city officer or employee otherwise authorized to make a purchase on behalf of the city. If a city officer or employee makes or directs a purchase by credit card that is not approved by the city council, the officer or employee is personally liable for the amount of the purchase. A purchase by credit card must otherwise comply with all statutes, rules, or city policy applicable to city purchases." POLICY ADMINISTRATION; The City Administrator shall determine the appropriate department directors to be issued City purchase cards. The Finance Director, with the oversight of the City Administrator, is hereby designated the responsibility of purchase card issuance, accounting, monitoring of use, retrieval, payment of all charges, maintenance of a list of authorized users and cards assigned to them and general compliance with the City's Purchase Card Policy. A supervisor may request a purchasing card for an employee to the Finance Officer. The Finance Officer and City Administrator may use their discretion in approving said request. MAXIMUM LIMITS: The monthly maximum carr/ limit per director will be established by the City Administrator and Finance Director based on the anticipated need. DOCUMENTATION: Invoices or receipts are required to support all purchase card purchases since the monthly billing statements lack sufficient detail to comply with Minnesota Statutes. For purchases in which a receipt is not normally available, a copy of the completed application or order form should be used as a receipt (for example, conference registration forms). CARDHOLDER RESPONSIBILITIES: 1) The Department Director and/or employee is responsible for the authorized use of the City issued purchase card and for any purchases made on it. 2) Ensure that the purchase card is used in compliance with the City's Purchasing Policy. a. Purchases must be budgeted for. 124 of 200 City Council Agenda packet for 9-13-16 b. Use of the purchase card for personal purchases is strictly prohibited. If the purchase card is inadvertently used for a personal purchase, contact the Finance Director/City Administrator immediately. Not reporting inadvertent personal purchases will result in immediate revocation of the purchase card and the cardholder may be subject to disciplinary and/or legal actions. The cardholder will be personally responsible for reimbursing the City for any inadvertent personal purchases. 3) The purchase card may be used for the purchase of goods or services for only official City business. a. The purchase card may not be used for cash advances or any other type of purchase not permitted under the City's Purchasing Policy. No cardholder shall be allowed to make any purchases for personal use through the City. Use of card for personal use or inappropriate purchases as deemed by the City Administrator may result in discipline, including reimbursement of the purchase to the City. And immediate revocation of the purchasing card. b. Purchase of motor fuels is prohibited, with the exception of overnight travel with a city owned vehicle. Fuel for personal vehicles used for official city business is reimbursed to the employee based on the IRS mileage reimbursement through the Employee Expense Reimbursement process covered under separate policy. c. Cardholders shall request tax exemption from vendors providing a copy of the tax- exempt letter as requested. d. All purchasing card transactions reQuire a receipt/invoice or document of purchase. The document of purchase must be submitted to the Finance Department promptly with authorized signature and account coding for processing. This is essential for timely payment of the card. 4) Authorized cardholders are responsible for the secure custody of the purchase card and protection against theft, misuse and fraud. a. Notify the Finance Director immediately if the purchase card is lost or stolen and when fraudulent activity is suspected. b. When fraudulent activity is suspected, immediately contact the purchase card company at the phone number listed on the back of the card. The purchase card must not be used again until the situation is resolved. A new purchase card will be issued if the activity was in fact fraudulent. c. To prevent fraudulent activity, the cardholder shall not make transactions over unsecured websites. Giving out purchase card information over the telephone is not recommended and should only be done in rare instances where the order cannot be completed in any other manner. 5) Monthly reporting of transactions: a. Within 5 business days of receipt of the monthly billing statement, all necessary documentation shall be accumulated by the Finance department to be processed and included in the next city council check register. b. Each transaction on the billing statement must be evidenced by a detailed receipt or order confirmation. 125 of 200 City Council Agenda packet for 9-13-16 c. The purpose of the purchase and department expense code must be clearly identified on each receipt. 6) Returns or Disputed Transactions: a. It is the cardholder's initial responsibility to work directly with the merchant to receive proper credit on returned merchandise or disputed transactions. b. Finance Department will be available to assist cardholders with returns or disputed transactions if initial contact by the cardholder is unsuccessful. 7) The cardholder must immediately surrender the purchase card to the Finance Director upon retirement or termination of employment. All receipts for current purchases shall be coded and submitted to the Finance Director when the credit card is surrendered. 8) Any exceptions to this policy must be approved in advance by the City Administrator SUSPENSION OR REVOCATION OF CARDS: If any of the following occur, immediate suspension and/or revocation of the purchase card privileges may result, including discipline, as determined by the City Administrator: 1) Use of the card for personal purchases or cash advances. 2) Unauthorized use of card. 3) Failure to notify the purchase card company and Finance Director of a lost or stolen card, and fraudulent activity. 4) Repeated failure to submit in a timely manner the monthly billing statement with proper receipts/support for payment. 5) Repeated failure in which the attached receipts do not match the item description or dollar amounts listed on the monthly billing statement with no explanation. 126 of 200 City Council Agenda packet for 9-13-16 City of Oak Park Heights Request for Purchase Card Applicant: Department: Requested Monthly Card Limit: $1,000 $2,000 $5,000 Other: $ _ By requesting a City purchase card, I acknowledge the following: 1. The purchase card is to be used only to make purchases in compliance with Minnesota Statutes and the City's Purchasing Policy. 2. The card must be used in accordance with the City's Purchase Card Policy. 3. Violation of the Purchase Card Policy may result in suspension or revocation of use privileges. Employees found to have inappropriately used the purchase card will be subject to discipline, including potentially the requirement to reimburse the City for all costs associated with such improper use. Director Signature: Date: Authorization Information Approved Monthly Card Limit: $ City Administrator Approval: Date: Finance Director Approval: Date: _ This fully approved request gives the Finance Director authorization to issue a City of Oak Park Heights purchase card in the name of the applicant with a monthly card limit as approved by the City Administrator. 127 of 200 City Council Agenda packet for 9-13-16 City of oak Park Heights Acknowledgement of Receipt of Purchase Card I acknowledge that on the date indicated below, I received my City of Oak Park Heights Purchase Card. I have previously received a copy of the Purchase Card Policy explaining the use and responsibilities of the purchase card. I understand that: 1) The purchase card is a cost-effective method for the purchase and payment of small dollar material transactions and is limited to $ per month. 2) The purchase card is to be used solely for City business purchases; not personal purchases. 3) 1 am responsible for reconciling monthly statements and maintaining accurate accounting records. 4) 1 must submit the itemized receipt or invoices promptly to Accounts Payable for processing of the payment. 5) Should my employment with the City terminate, I am responsible for returning the purchase card to the City Administrator or Finance Director, along with all receipts for purchases within the current billing cycle. If the purchase card is used for personal purchases, for unauthorized items, or used by someone not authorized to do so, I hereby agree to personally pay the City for such purchases and hereby authorize the City, if necessary, to withhold from my paycheck any amount necessary to pay these charges. This acknowledgement will be kept in my personnel file and I may be subject to discipline or termination from employment for violation of this policy. Purchase Card M Employee Name: (please print) Employee Signature: Date: 128 of 200 City Council Agenda packet for 9-13-16 SNOW PLOW FUNDING RESERVE POLICY The purpose of this policy is to establish guidelines for the level of unreserved fund balance of the General Fund to be maintained to supplement and stabilize the budget for snow plowing services. Policy Considerations: The General Fund is the primary operating fund for the City of Oak Park Heights and includes the expenditure for Snow Plowing services. Snow plowing expenses can fluctuate greatly due to uncontrollable circumstances such as the amount of snow fall or frequency. The expenditure can be costly therefore the fluctuations can cause the budget and the funding source, the general tax levy, to vary greatly annually and impacting the tax payers of Oak Park Heights with large differences in their tax bills. Policy: In an effort to stabilize the budget and tax levy, unexpended Snow Plowing funds will be maintained to the extent possible for funding future shortages in the Snow Plowing Budget. These will be part of the Unassigned Fund Balance but be maintained by the City in practice. The balance may be maintained at an amount not to exceed the preceding 5 year average of the actual snow plowing expenditures. Annual budgeting for Snow Plowing services are anticipated to be similar from year to year based on average yearly expenditures and increased for additional services and cost of living increases. If the actual annual expenditures should exceed the annual budget, allocations may be made from the Snow Plow Funding Reserve to cover the shortage if available. Should the reserve be depleted, Council may consider a determination of funding the shortage and/or reducing services. If actual annual expenditures should be less than the annual budget, the unexpended portion of the budget will be added to the reserve till it reaches the maximum amount as described above. The Finance Director shall as a part of the annual audit and year-end financial statement preparation process see that the appropriate designations are correctly made. Adopted: 129 of 200 City Council Agenda packet for 9-13-16 BUDGET PROCESS POLICY Policy Statement: The City desires to demonstrate a high level of fiduciary responsibility to the citizens of Oak Park Heights. As evidence of this, the City encourages a long-term perspective in regards to financial matters. Accordingly, the City seeks to avoid pursuing short-term benefits at the expense of future problems. The City desires to consider the following when developing and delivering its long-range plans: • Appropriate level of services to citizens • Reasonable property tax, special assessment, and utility billing rates • Levels of reserves to sustain unpredictability of inter-governmental revenue and economic conditions Debt usage Current and future capital and infrastructure needs Applicable laws and regulation Budgeting Procedures: A. Capital Improvement Plan for Long Range Financial Planning A Capital Improvement Plan for long range financial planning that considers at least the next five years should exist for the City and should be updated on an annual basis prior to the commencement of the preparation of the annual operating budget and estimation of tax levy for the upcoming years. New programs or proposals shall be reviewed in detail by City staff and both a policy and fiscal analysis shall be prepared prior to inclusion in the Capital Improvement Plan. A request for a program or service expansion or reduction must be supported by an analysis of fiscal and public policy implications of the change prior to inclusion in the Capital Improvement Plan. • Funding plans for capital projects shall be approved by Council prior to the commencement of a project. Funding plans shall be reviewed annually to determine adequacy as part of the Capital Improvement Plan update. • Funding plans for a debt service fund shall be approved by Council prior to the issuance of new debt. B. Annual budgeting The City legally adopts budgets for the general fund. The legal level of budgetary control is on a department level for the general fund. Council also adopts enterprise fund budgets and estimates costs for the Park Dedication Fund and Budgeted Projects Fund on annual basis. The budget preparation process is largely governed by State of Minnesota requirements. Guidelines issued by the League of Minnesota Cities are typically helpful in ensuring compliance with State of Minnesota requirements. 130 of 200 City Council Agenda packet for 9-13-16 The annual budget should in general reflect merely the first year of the Capital Improvement Plan. The timing for the preparation of the annual budget should occur approximately as follows: Action Step Approximate Time Frame Distribute annual budget materials to department heads. July 15 The finance department calculates personnel costs based on proposed staffing levels. Obtain special requests from City Council Director of Finance initial rough draft of annual budget August 1 Work sessions with City Council, Department Heads and August 7 to Administrator to review/revise preliminary annual budget September 42 Adopt Preliminary Budget and Tax Levy, set TNT hearing "'^ '-A*a'thaA dates. Septembel;Per Certify to County MN Statute 275.065.46 Conduct truth in taxation hearing Early December City council adopts final annual budget and tax levy for next year. Certify to County and State Oesembe Per Mn Statute 275.07 Summary of annual budget disseminated to citizens January 31 Upon adoption of the budget, the Finance department enters the information into the computerized accounting system, then distributes copies of the budget to the City Council, Administrator and Department Heads. During the year, if necessary budget amendments may be approved by the City Council. Budget Amendments may be necessary for unexpected or emergency purchases, increase in estimated costs, etc. Department Heads may request line item budget transfers of $500 or less within their specific department if necessary. All such budget transfers must be submitted to the Finance Director on a budget amendment form. (form attached). Adopted by the City Council: ` e-m—her 27, 2997 -2- 131 of 200 City Council Agenda packet for 9-13-16 CASH RECEIPTING POLICY Policy Statement: The purpose of this policy is to provide guidance for cash receiving activities of the City of Oak Park Heights in order to safeguard its assets. The City will strive to maintain appropriate segregation of duties of cash handling activities given the limited amount of staff available. Funds are received in a number of locations throughout the City including the following: • City Hall over the counter, drop box and via the mail • Police Department over the counter and via the mail • Building Inspections Department over the counter and via the mail • For amounts received at City Hall over the counter, the . documents the date and amount. If a receipt is requested, _ receipt J11 be issued by the employee Receipts will be issued for all cash received at the counter. • For amounts received at City Hall via the drop box and the mail, the opens mail and documents the date received then forwards to the appropriate Department Head. • The Police and Building Inspection departments receiving of cash must be documented via issuance of a receipt or building permit, license, or appropriate documentation. The Police and Building Inspection departments then submit cash receipts to the Finance Director for review. The Finance Director reviews all funds received and then forwards the cash and checks with the appropriate documentation to the Accountant or deposit. Based on the amounts of cash received at City Hall and from the Police and Building Inspection departments, the prepares deposit slip and copies all checks received • On daily basis, the Accountant enters cash receipting activity for all City departments on computerized accounting system. After posting, the system updates the utility billing subsidiary ledger and miscellaneous accounts receivable subsidiary ledger. See Civic System manual for detailed instructions. The Finance Director checks all receipts for coding and verifies deposit amount before receipts are updated to the subsidiary ledgers and general ledger. • On daily basis, the Accountant then verifies that the amount posted to the general ledger reconciles to the bank deposit. The Accountant then brings the deposit to the bank. • The Finance Director records wires, interest and other non-recurring transactions. The Finance Director prepares daily cash summary and reconciles bank statements for all accounts. The Finance Director shall receive and open the bank statements as a part of the reconciliation process Bank statements and documents shall be reviewed for any items of unusual nature. - 1 132 of 200 City Council Agenda packet for 9-13-16 Adopted by the City Council 227, 2997 -2- 133 of 200 City Council Agenda packet for 9-13-16 CITY OF OAK PARK HEIGHTS FIXED ASSET SYSTEM POLICY AND PROCEDURE MANUAL November 30, 2004 Amended November 27, 2007 Amended September 13, 2016 134 of 200 City Council Agenda packet for 9-13-16 TABLE OF CONTENTS I INTRODUCTION Goal Management II GENERAL SYSTEM DESCRIPTION Capital Asset Definition Valuation of Capital Assets Acquisition of Capital Assets Treatment of Subsequent Costs Retirement Changes Inventory Check Major Function and Benefits III POLICIES AND PROCEDURES General User Department Responsibility New Acquisitions Finance Department Responsibility Capital Asset System Maintenance Retirements and Transfers Out IV ASSET DESCRIPTIONS V SOURCE OF FUND DEFINITIONS VI LOCATION CODES VII ASSET IDENTIFICATION CODES VIII ASSET AQCUISTION CODES IX ASSET DISPOSAL CODES 135 of 200 City Council Agenda packet for 9-13-16 I. INTRODUCTION Oak Park Heights City officials have a stewardship responsibility for the City's resources in provision of Government stewardship, it is essential that the City establish and maintain a capital asset system which incorporates specific capital assets to individual public officials, and serve as a prerequisite to the preparation of satisfactory and complete financial reports. A. Goal The establishment and maintenance of a capital asset system is essential to provide management with data for the physical and dollar value control of assets. S. Management Objectives The management objectives of the capital asset system are: 1. To assign responsibility for the custody and proper use of specific assets to individual officials or department heads. 2. To substantiate valuations of capital assets in accordance with Generally Accepted Accounting Principles (GAAP) for fiscal reporting. 3. To control retirements of capital assets by type of retirement, i.e. sales, trade-ins, thefts and items scrapped. 4. To assist in providing depreciation computations for Federal and State Government reporting purposes. 5. To serve as a basis for valuation for insurance purposes and to provide a record of assets insured. 6. To encourage transfer of surplus equipment to area of need. 7. To aid in budget preparation, analysis and approval. II GENERAL SYSTEM DESCRIPTION A. Capital Asset Definition According to Governmental Accounting, Auditing and Financial Reporting(GAAFR) a capital asset is defined as a specific piece of property, which meets the following attributes: 1. It is tangible in nature in that thephysical substance does not materially change its form through use. 136 of 200 City Council Agenda packet for 9-13-16 ?. Its expected usefal life is greater than one year. 3. It has significant value. In Oak Park Height's financial system, significant value means that it has a cost of more than $5,000.00. 4. All other capital equipment purchases (non-computer/video) from $ to $4,999.99 will be recorded as "insurable" and maintained for insurance purposes only. The benefits of tracking items such as desks and large table does not equal or exceed the cost and,therefore,will not be capitalized nor audited for financial reporting purposes. B. Valuation of Capital Assets Capital assets should be accounted for at cost or, if cost is not practical to determine, we will estimate the cost or use fair value. I. Cost. Capital assets should be recorded at cost or fair value. The cost of a capital asset includes not only its purchase price or construction cost,but also ancillary charges necessary to place the asset in its intended location and condition of use. Ancillary charges include costs such as freight and transportation charges, site preparation expenditures,professional fees,legal claims, and legal claims directly attributable to asset acquisition. 2. Estimated Cost. Initial costs of capital assets usually are readily ascertainable from contracts, purchase orders, and other transaction documents at the time of acquisition or construction. Oak Park Heights was faced with the task of establishing appropriate capital asset accounting records and valuation after many years of operation without such records. Therefore,the original purchase documents may not have been available, and Oak Park Heights has estimated the original cost of such assets recognizing that this practice introduces some margin of error into the Capital Asset Accounts as compared with proper recording at the time of acquisition. However, such error will have only shortrun significance because, as older assets are retired and replaced, estimated costs are replaced by properly recorded actual cost amounts. The extent to which capital asset costs have been estimated, and the methods of estimation, will be disclosed in the notes to the financial statements. 3. Fair Value Capital assets that are donated or acquired should be recorded at fair values at the time of donation or acquisition. 4. Depreciation. Depreciation on acquired assets for the first year shall be pro-rated based on the month of acquisition through the calendar year end,then annually there after. 137 of 200 City Council Agenda packet for 9-13-16 Depreciation will be calculated using a straight-line method over the estimated useful lives of the asset. Standard estimated useful lives are as follows: Building and Structures 20-50 years Equipment and Machinery 5-15 years Distribution and Collection System 50 years Computer Equipment 3-5 years Water Meters 20 years Streets 25 years Storm Sewers 50 years Land Not Depreciable C. Acquisition of Capital Assets. 1. Purchase. A purchase is an acquisition through direct outlay of cash and or other consideration for the capital asset. The book value of an older capital asset traded in for a new one does not affect the basis of the new asset except for trade-in of similar assets in Enterprise Funds as follows: The fair value, which usually is the invoice cost(i.e., the amount before the reduction in cost resulting from the trade-in) on an outright purchase of a new item, should be the carrying value in the fixed asset system. The purchase could be reported under either a net method or a gross method. When using the net method for reporting asset purchases on the governmental fund type operating statement, the capital outlay expenditures reported would not agree with the total additions to the fixed asset system by the amount of any trade- in allowances. However,when using the gross method for reporting the asset purchases on the governmental fund type operating statement,the flow of resources reported would recognize both the financial resources represented by the trade-in of the asset being replaced and the cash boot. With the gross method, capital outlay expenditures reported in the governmental fund type operating statement usually should agree with the total additions to the fixed asset system. The City will be using the gross method for purchases with trade-ins. 138 of 200 City Council Agenda packet for 9-13-16 EXAMPLES: Journal Entries: Net Method: Fixed Asset System Investment in general fixed assets $8,000 Machinery and equipment $8,000 (To remove the carrying value of the traded-in asset.) Machinery and equipment $10,000 Investment in general fixed assets $10,000 (To record carrying value of purchased general fixed asset.) Governmental Fund Expenditures $4,000 Accounts payable $4,000 (1"o record purchase of a general fixed asset at cost,net of trade-in allowance.) Or Gross Method.• Fixed Asset System Investment in general fixed assets $8,000 Machinery and equipment $8,000 (To remove the carrying value of the traded-in asset.) Machinery and equipment $10,000 Investment in general fixed assets $10,000 (To record carrying value of purchased general fixed asset.) Governmental Fund Expenditures $10,000 Other financing sources-proceeds from General fixed asset disposition $6,000 Accounts Payable $4,000 (To record purchase of a general fixed asset and disposition of the traded-in asset.) 139 of 200 City Council Agenda packet for 9-13-16 2. Construction. Construction includes buildings actually constructed by the City. The labor, materials, equipment and overhead costs are all part of the construction cost. 3. Lease-Purchase and Installment Purchase. Lease-purchase agreements are contractual agreements which, in substance, amount to purchase contracts. General capital assets acquired via lease-purchase agreements are capitalized in the Capital Asset System at the inception of the agreement in the account of the item as if it had been purchased outright. Multiple-year installment contracts are accounted for in the same manner as lease- purchase agreements. 4. Eminent Domain. This is the power of Government to acquire private property for public purpose, and it is frequently used to obtain real property which cannot be purchased from owners in a voluntary transaction. Where the power of eminent domain is exercised, owners are compensated by the Government in an amount determined by the courts. General capital assets acquired by eminent domain should be capitalized in the Capital Asset System in that amount. 5. Foreclosure. Closely related to eminent domain as an involuntary judicial procedure, but used much less frequently as a means of acquiring capital assets for Government retention and use, is the foreclosure of tax or special assessment liens. Ordinarily, property foreclosed is resold to liquidate delinquent tax or special assessment obligations, but on occasion, Governments retain possession for their own needs. General capital assets acquired by tax or special assessment foreclosure which are to be resold in the near future are generally accounted for by the Government to which the taxes or assessments are owed and offset there with a fund balance reserve account. Assets that are not sold are capitalized in the Capital Asset System at their fair value on the date of foreclosure. 6. Gift. Governments may acquire properties by gift. Donated capital assets should be recorded to the fund to which they relate or in the Capital Asset System, as appropriate, at their estimated fair value at time of acquisition. D. Treatment of Costs Subsequent to Acquisition Expenditures on capital assets which are incurred after their original acquisition are defined and recorded as follows: 140 of 200 City Council Agenda packet for 9-13-16 1. Maintenance. Maintenance costs are those that neither materially add to the value of the property nor appreciable prolong its life, but merely keep it in ordinary efficient operating conditions. Maintenance costs are not charged to capital asset capital accounts,but to maintenance and repair expenditure accounts. 2. Betterments. Betterments consist of the replacement of a unit of an existing asset by an improved or superior unit, usually resulting in a more productive, efficient or longer-lived asset. Significant betterments are considered to be capital asset additions and are added to the value of the property. I.e.; printer added to personal computer. The decision as to whether betterment has been effected is made by an evaluation of engineering,physical, or other relevant factors apart from cost. Replacement of a part of an existing asset by another of like quality is not betterment, even though the useful life of the asset is maintained or extended. These costs are charged to expenditure accounts. E. retirements 'The term retirement is used to describe the removal of a capital asset from the capital asset system. The various types of retirement are defined below and must be reported to the Finance Department to ensure that changes are entered in the system and that the master file is updated. 1. Surplus Property. Surplus property is used to describe a capital asset or non-expendable supply, which is operable, but no longer usable to a particular department. If the surplus property cannot be transferred, the City pursuant to Minnesota State Statues will dispose of the property. 2. Sale of a Capital Asset. Capital assets and/or non-expendable supplies, which are to be sold, are subject to the requirements, described in Minnesota State Statue. The Finance Department will retire items that are sold from the capital asset system. 3. Tracie-In. A department head retiring a capital asset as a trade-in for a new acquisition will inform the Finance Department of the retirement on a capital asset input form. 4. Obsolescence. Capital assets or non-expendable supplies that have lost their usefulness resulting from invention, change of style, legislation, or other causes having no physical relation to the object affected are included in this category. The asset may still be operable, but it has lost its usefulness to a particular department. Since the 141 of 200 City Council Agenda packet for 9-13-16 obsolete capital asset may be of use to another department, the capital asset is first retired from a department by transferring the capital asset to surplus property. 5. Lost, Stolen or Damaged Beyond Repair. When a capital asset or non-expendable supply is retired from the capital asset system through one of these unexpected methods, the incident will be reported to the appropriate law enforcement personal (if applicable) and to the Finance Department for risk management purposes. The department head must also notify the Finance Department on a Capital Asset Input form so that changes can be entered into the capital asset system. F. Changes Other changes occurring subsequent to the acquisition of a capital asset and a non- expendable supply, such as betterment or a transfer, must be reported to the Finance Department on a capital asset input form. 1. Betterments. As described in Section H. D. 2., Betterments have the effect of extending the useful life of an existing asset and are expenditure other than normal maintenance and upkeep. For a betterment, the department head must submit a complete Capital Asset Input Form to the Finance Department. 2. Transfers. When a capital asset and/or non-expendable supply item is transferred to a different department, the department head who is responsible for the item must inform the Finance Department of the changes in ownership and location on the Capital Asset Input Form. The Finance Department will enter these changes into the Capital Asset Systems so that the master file is updated. G. Inventory Check To verify that the information in the Capital Asset System is up to date, the Finance Department will provide the department heads with yearly printouts of the assets charged to their departments. The department heads should review their list to determine that all capital assets are identified properly and that the proper adjustments have been made. Any discrepancies should be reported immediately to the Finance Department. H. Major Function and Benefits. The major function of the system is to build, update and maintain ,. capital asset master file. The major benefits of the system are that it provides all departments with a centralized and automated system to process their capital asset activity. This provides management with the information needed to account for the investment in 142 of 200 City Council Agenda packet for 9-13-16 capital assets, and assist individual departments in controlling the capital assets they have in their possession. The major objectives of the system are discussed in the "Introduction Section". III. POLICIES AND PROCEDURE A. General The capital asset system maintains a complete record of individual capital assets for all Departments. The maintenance of capital asset records is the joint responsibility of the department, which is purchasing the item and thereby, has control of the assets, and is tagging the item, and Finance,which is entering it into the capital asset system. The capital asset system is operated and maintained as a separate system from the financial system. Source documents for the financial system, such as purchase orders, are not automatically input forms. B. User Department Responsibility All capital assets with a value of$5,000.00 or more must have a record in the Capital Asset System. Each department head or designee is accountable for the furnishings and equipment of the department and is responsible for: 1. Initiation and submission of input forms to the Finance Department for additions,retirements,transfers or other changes. 2. Insuring that the capital assets in the custody of his/her department are not transferred from the department without following proper procedures. C. New Acquisitions 1. The department head or designee who places an order for a capital asset must submit a Capital Asset Input Form to the Finance Department along with a copy of the purchase order. It should include the following information: Department Number; Location Number; Date Received; Acquisition Method code(Purchase, lease, etc.); Funding Source; Vendor Name; and Disposition Code/Date. Form should be signed and dated by the department head. 2. The individual department is responsible for the following: a. Obtaining an inventory number for the item and physically tagging the item. b. Completion of the following information; Asset Description(detailed- including year,model, serial or VIN number,make, color, type); Asset Identification Code; Location Code; Miscellaneous Comments. C. Forward Capital Asset Input Form to the Finance Department. 143 of 200 City Council Agenda packet for 9-13-16 D. Finance Department Responsibility 1. The Finance Department is responsible for completing the following information upon processing the purchase order for payment: Asset Account Number; Invoice Number and Invoice Date; Life expectancy, Purchase Price(including freights, preparation costs, installation, etc.) and for checking accuracy of the information provided by the Department. The Finance Department will verify purchase and cost with general ledger. E. Capital Asset System Maintenance 1. The Finance Department is to perform Capital Asset Maintenance. a. Input of information to the Capital Asset System. b. Proofing input against edit list. F. Retirements and Transfers Out When a department retires or transfers out an asset the Department Head is responsible for completion of an "Asset Retirement Form". The Department Head should sign and date the form. The Finance Department must receive the original. The Asset Retirement Form should be completed no later than one week after the asset is retired or transferred and include the following information: 1. Date of retirement,transfer, trade-in, and disposal. 2. Department retiring or transferring the asset. 3. Account number assigned by the Finance Department when the asset was acquired. 4. Tag number affixed to the asset. 5. Asset description(detailed). 6. Method of Disposition, i.e. traded,transferred, retired. 7. If transferred,name of department that is responsible for the asset after the transfer. 8. Sale or trade-in value. 9. Indicate whether the property identification tag is enclosed. The Finance Department is responsible for the input of the Asset Retirement form information. IV. ASSET DESCRIPTIONS The following will serve as definitions in determining what is to be capitalized as fixed asset. The fixers asset system is grouped into eleven categories for reporting purposes. They are as follows: 144 of 200 City Council Agenda packet for 9-13-16 1. OFFICE EQUIPMENT Assets that are designed for functional use by people in any City Facility. This category includes desks, chairs, couches, file cabinets, calculators, etc. 2. COMPUTER Includes all computer components and accessories and software. 3. PARKIPLAYGROUND EQUIPMENT Includes equipment and fixtures used in City parks. This category includes drinking fountains, trash receptacles, signs, picnic tables, stoves, benches, playground equipment, etc. 4. VEHICLES Includes motorized and non-motorized equipment that has a primary function of city street, park, utility maintenance and police vehicles. Also includes equipment that hauls a payload greater than 4,000 pounds. This includes transportation charges, painting and installation costs of additional equipment necessary for intended use. This category also includes any fixed asset that is material in value, but does not fit a previous category will be accounted for under equipment. Examples would include tool sets, sirens, gun locks, light bars. 5. PUBLIC WORKS EQUIPMENT Includes equipment used by the Public Works Department for water, sewer, parks, and streets. Examples are post driver, water meters, hydrants,meter readers, mowers, and saws. 6. POLICE OFFICER EQUIPMENT Includes equipment used by the City Police Department officers. Examples are weapons,radios, 7. CIVIL DEFENSE EQUIPMENT Includes equipment used for the civil defense of the City such as sirens and warning lights. 8. BUILDING AND STRUCTURES Includes structures that are City owned. Also includes fixtures and any other necessary elements for the proper function of the building. This includes architect fees, legal fees, appraisers, costs of fixtures, damage claims, insurance premiums for construction, interest and unrelated costs during construction. 9. LAND IMPROVEMENT AND IMPROVEMENTS Any parcel of land that is City-owned whether developed or undeveloped. This includes legal fees, appraisal and negotiation fees, surveying fees, 145 of 200 City Council Agenda packet for 9-13-16 site preparation costs, demolition of unwanted structures and damage payments. 10. STREET IMPROVEMENTS Includes streets that are City owned. This includes legal fees, appraisal and negotiation fees, surveying fees, site preparation costs, interest and unrelated costs during construction. 11. STORM SEWER IMPROVEMENTS Includes storm sewer systems that are City owned. This includes legal fees, appraisal and negotiation fees, surveying fees, site preparation costs, interest and unrelated costs during construction. This also includes storm water holding ponds. V. SOURCE OF FUNDS DEFINITIONS The following will serve as definitions of types of actual funding sources that finance the assets. Funding sources in the fixed asset system will be determined by the fund in which the project is paid from i.e., (General, Special Revenue, Capital Project or Donations). A. BONDS OR NOTES Proceeds from the issuance of serial bonds, statutory installment bonds, anticipation notes or capital notes. This includes General Obligation Debt. B. CURRENT BUDGET APPROPRIATION Funds provided from specific, budgeted operating funds. Identifying the specific generic fund type is appropriate here. This includes General Fund and Utility Fund distributions. C. GIFTS AND DONATIONS Monies or property received from donors D. SPECIAL ASSESSMENT DEBT Funds provided by property owners and government in connection with a special assessment project. E. STATE AID GRANTS Grants provided to the government by state government and used for the purchase or construction of fixed assets. 146 of 200 City Council Agenda packet for 9-13-16 F. FEDERAL AID GRANTS Grants provided to the government by federal government and used for the purchase or construction of fixed assets. G. OTHER Other fixed asset financing received, which cannot be classified in one of the previous classifications. VI. LOCATION CODES 01 City Hall 02 Police Department 03 Public Works Garage 04 Brekke Park 05 Valley View Park 06 Cover Park 07 Swager Park 08 Water Department 09 Sewer Department 10 Community Development Department 11 Pathways/Trails 12 Autumn Hills Park 13 Streets 14 Linear Park VII. ASSET IDENTIFICATION CODES 1. Office Equipment 2. Computer Equipment 3. Park/Playground Equipment 4. Vehicles 5. Public Works Equipment 6. Police Officer Equipment 7. Civil Defense Equipment 8. Street Improvements 9. Building& Structures - Contributed 10. Building& Structures 11. Land Improvement 12. Land-Property 13. Land Improvement—Contributed 14. Storm Sewer Improvements 15. Street Lighting 147 of 200 City Council Agenda packet for 9-13-16 VIII. ASSET ACQUISITION CODES SOURCE OF FUND CODES 101 General Fund 200 Special Revenue Funds Forfeiture Seizure Economic Development Capital Project Funds Budgeted Projects &Equipment General Obligation Debt Revenue Debt Special Assessment Debt Other Debt 600 Grants State Grants Federal Grants Other Agency Grants 700 Enterprise Funds 800 Gift&Donations DEPARTMENTS 40000 General Management&Building 40100 Mayor& Council 40200 Legal 40300 Elections 40400 Administration 40500 Planning 40600 Finance 40650 Computer 40700 Assessor 41000 Engineering 41200 Community Development 41510 Police Department 41520 Fire Protection 41530 Building Inspection 42010 Street Maintenance 42020 Snow and Ice Removal 42030 Street Lighting 42040 Tree Inspector 44010 Parks 46000 Contingency 47000 Miscellaneous 48100 Water Department 48200 Sewer Department 48300 Storm Sewer Department 49100 Sanitation Department 148 of 200 City Council Agenda packet for 9-13-16 ACQUISITION METHOD 1 Purchase 2 Construction 3 Leases—Purchase and Installment—Purchase 4 Eminent Domain 5 Foreclosure 6 Gift 7 Trade 8 Other IX. ASSET DISPOSAL CODES (DISPOSITION METHOD) DISPOSITION CODES 1 Surplus Property 2 Sale of a Capital Asset 3 Trade-in 4 Obsolescence 5 Lost, Stolen or Damaged Beyond Repair 6 Cannibalized 7 Transferred 149 of 200 City Council Agenda packet for 9-13-16 GENERAL LEDGER PROCESS POLICY Policy Statement: The purpose of this policy is to provide guidelines for managing the City of Oak Park Heights general ledger. The City will strive to maintain appropriate segregation of duties given the limited amount of staff available. The City's various software modules interface with the General Ledger software and are updated to the general ledger when cash transactions occur. • Cash receipts are entered and updated to the general ledger on a daily basis. • Accounts payable is updated to the general ledger when transactions occur. Payroll is updated to general ledger when payrolls are generated. • Utility billing is updated to general ledger at month end. • Accounts receivable is updated to general ledger at month end. There are several types of journal entries that are posted to the general ledger: • Monthly allocation of interest. • Cash receipt journal entryfor interest received on the City checking account. Monthly journal entry for interest received and deposited to the 4M Fund. Corrections to entries posted to an incorrect fund or department. Transfers between funds. • Annual adjustments for asset capitalization. Annual audit adjustments for payables and receivables. Annual audit adjustments for compensated absences. Annual audit adjustments for State Surcharge and MCES Sac Charge. All other annual audit adjustments necessary. Journal entries must be accompanied by appropriate documentation and approved by the Finance Director before entering into the general ledger software. Journal entries are entered by the Accountant on a monthly basis. The Finance Director shall reconcile the City checking account and check the general ledger detail audit file, journals, balance sheets and budgets after all software modules and journal entries have been updated to the general ledger. The Finance Director will document and correct any errors and update the general ledger for the corrections. After all year end entries have been entered by City staff the general ledger and trial balance will be reviewed by the Finance Director and audited by the City of Oak Paris Heights audit firm and final journal entries will be made. Adopted by the City Council: ••embe"27, 2007 - 1 - 150 of 200 City Council Agenda packet for 9-13-16 City of Oak Park Heights Investment Policy Policy: It is the policy of the City of Oak Park Heights to invest in public funds in a manner which will provide the highest investment return with the maximum security while meeting the daily cash flow demands of the City and conforming to all state and local statutes governing the investment of public funds. This investment policy applies to all financial assets of the City of Oak Park Heights. These funds are accounted for in the City's annual financial report. These funds include but are not limited to: General Fund Special Revenue Funds Capital Project Funds Enterprise Funds Debt Service Funds Trust and Agency Funds Any new funds created by the governing body,unless specifically exempted by the governing body. Prudence: Investments shall be made with judgement and care-under circumstances then prevailing -which persons of prudence,discretion and intelligence exercise in the management of their own affairs,not for speculation,but for investment,considering the probable safety of their capital as well as the probable income to be derived. The standard of prudence to be used by investment officials shall be the"prudent person" standard and shall be applied in the context of managing an overall portfolio. Investment officers acting in accordance with written procedures and the investment policy and exercising due diligence shall be relieved of personal responsibility for an individual security's credit risk or market price changes,provided deviations from expectations are reported in a timely fashion and appropriate action is taken to control adverse developments. 151 of 200 City Council Agenda packet for 9-13-16 Obicctive: The primary objective,in priority order,of the City of Oak Park Heights'investment activities shall be: 1. Safety: Safety of principal is the foremost objective of the City Council. Investments of the City shall be undertaken in a manner that seeks to ensure the preservation of capital in the overall portfolio. 2. Liquidity: The City's investment portfolio will remain sufficiently liquid to enable the City to meet all operating requirements which might be reasonably anticipated. 3. Return of investment: The City's investment portfolio shall be designed with the objective of attaining a market rate of return throughout budgetary and economic cycles,taking into account the City's investment risk constraints and the cash flow characteristics of the portfolio. Delegation of Authority: Subject to the requirements of the above priority objectives,it is the policy of the City of Oak Park Heights to offer financial institutions within the St.Croix Valley area the opportunity to bid on investments;however,the City of Oak Park Heights will seek the best investment yields. Authority to manage the investment program is derived from Minnesota Statute 118A.02. Management responsibility for the investment program is hereby delegated to the ity Gen,'Finance Director,who will assure compliance with this policy and further develop and maintain adequate controls,procedures and methods assuring safe and accurate accounting on a day-to-day basis,with the approval of the Oak Park Heights City Council. In the absence of the Finance Director,this responsibility will be assumed by the City Administrator. Officers and employees involved in the investment process should refrain from personal business activity which could conflict,or give the appearance of a conflict,with the impartial administration of the investment program. Authorized Financial Dealers and Institutions: The Finance Director will maintain a list of financial institutions authorized to provide investment services. In addition,a list will also be maintained of approved security broker/dealers selected by credit worthiness who maintain an office in the State of Minnesota. No public deposit shall be made except in a qualified public depository as established by state laws. 2 152 of 200 City Council Agenda packet for 9-13-16 Authorized and Suitable Investments: Minnesota Statute,Section 1 I8A.04 provides authorization for cities to invest idle public funds in certain specified obligations and to make interest-bearing deposits of such funds in state or national banks,savings and loan associations,or credit unions. Permissible investments include: 1. Direct U.S.Government obligations: a. Treasury Bills b. Certificates of Indebtedness C. Treasury Notes d. Treasury Bonds 2. Federal Agency Issues(Not directly guaranteed by U.S.Government) a. Federal Home Loan Banks b. Federal National Mortgage Association C. Federal Land Banks d. Federal Intermediate Credit Banks e. Banks for Cooperatives f. Federal Farm Credit System Wide Bonds 3. General obligations of the State of Minnesota or Minnesota municipalities. 4. Bankers'acceptances of United States Banks eligible for purchase by the Federal Reserve Systems. 5. Commercial paper issued by United States corporations or their Canadian subsidiaries that has the highest rating(A-1,P-1)and matures in 270 days or less. 6. Savings accounts or certificates of deposit in designated depositories which are fully insured or collateralized--,` ollateralizedsates k's that have Headquuarters in the United States of 7. Repurchase agreements permissible under Minnesota Statute 118A.05. 8. League of Minnesota Cities Money Market Fund. Collateralization: Interest-bearing deposits in authorized depositories must be fully insured or collateralized. If the designated depository is a member of FDIC or FSLIC an amount may be deposited which does not exceed the amount of insurance. If the governing body desires to deposit a greater amount,the excess must be protected by collateral furnished by the depository. If collateral is furnished,the total amount of the collateral computed at its market value shall be at least ten percent(10%)more than the amount of the excess 3 153 of 200 City Council Agenda packet for 9-13-16 deposit. When the pledged collateral consists of notes secured by First Mortgages,the market value must be at least forty percent(40%)more than the amount of the excess deposit. Permissible types of collateral include: 1. Obligations which are legally authorized investments for debt service funds under Minnesota Statutes,Section 118A.03 (See items 1 -8 under permissible investments). 2. Municipal General Obligation Bonds,rated"A"or better by Moody's Investors Service,Inc.or Standard&Poor's Corporation. All collateral shall be deposited with the Chief Financial Officer of the City of Oak Park Heights or placed in safekeeping for the City in a financial institution by or its designated representative. The collateral shall not be redeposited in the bank,trust company or thrift institution furnishing it. Any collateral so deposited must be accompanied by an assignment to the City of Oak Park Heights from the depository. The assignment shall require the depository to pay to the City Finance Officer or his/her order,on demand,all money deposited free of exchange or other charges,except for early withdrawal penalties on time deposits,as well as all interest when due at the agreed upon rate. The assignment shall also state that,in case of any default upon the part of the depository,the City of Oak Park Heights or its designated representative may sell as much of the collateral as needed to cover the uninsured dcposit,with any excess to be paid over to the depository. A financial institution mai FNjthdraw excess collateral or substitute other collateral after giving written notice to the City and receiving confirmation. The authority to return and deliver and assigned collateral rests with the City. Collateral is r uired to be held by a second unrelated d situ The city-'s interest in theWedged collateral must be perfected,which includes the following steps: • The assignment must be in writing_ Formatted:Bulleted+Level:1+Aligned at: 0.25"+ • The assipment must have been executed at the same time the deposit was Indent at: 0.5" received by the depository.If not then,it must be executed as soon as deposits exceed FDIC insurance limits. • The assignment must have been approved by the depository's board of directors or loan committee and the approval must be reflected in the minutes of the board or committee. • The assianment must have been continuously,from the time of its execution,an official record of the depository. 4 154 of 200 City Council Agenda packet for 9-13-16 i Diversifications and Maturities: It is the policy of the City of Oak Park Heights to diversify its investment portfolio. Investment funds shall be diversified to eliminate the risk of loss resulting from over concentration of assets in a specific maturity. To the extent possible the City will attempt to match its investments with anticipated rash flow requirements. For the purpose of making the maximum amount of funds available for investment,the cash for all City funds is pooled in an investment account. Interest earnings are allocated among the various funds based upon their average cash balance. The City's investment portfolio shall be invested in certificates of deposit or other instruments through banks or other financial institutions which are designated depositories by the City Council,provided adequate insurance and conforming pledging is available in conformance with authorized securities. These investments may be scheduled maturities,or they may be part of the investment strategy of securing maximum interest rates for part of the investment portfolio. After the liquidity needs,and scheduled maturity needs are satisfied,the balance of the funds available for investment may be placed with institutions that offer the greatest safety and highest rate of return consistent with the maturities as determined by the City. Quotations or telephone bids are normally taken for all investments whether they are short term or long term. oi K The . Finance Officer will submit a report each month to the City Council summarizing the investment activity. This report should contain details relating to all investment transactions for the period including types of investments,institutions in which funds are invested,interest rates and maturity dates. An annual report on the investments shall be presented to the City Council in the annual financial report. Investment Policy Adoption: The City Council shall review and approve the investment policy each year and designate depositories at the fust regular meeting of January. Any modifications made thereto must be approved by the City Council. 5 155 of 200 City Council Agenda packet for 9-13-16 M.I.S. COMPUTER POLICIES PURPOSE The purpose of these policies is to assist the City in protecting its computer system security and assets, to protect the privacy rights of employees, to manage City resources, and to protect the rights of third parties for appropriate access to City files. POT.TCV This document sets forth the City's policies with regard to access and use of computer hardware, software, data, and electronic mail messages. It also sets forth the City's policies with regard to disclosure of computer files, created or received, or electronic mail messages sent or received by City employees with the use of the City's computer resources or electronic mail system. This document sets forth policies on the proper use of computer hardware, software, data, and the electronic mail system provided by the City. The City intends to honor these policies but reserves the right to change them at any time with such prior notices,if any, as the City may deem reasonable under the circumstances. All employees that will work with the City's computers are responsible for reading and adhering to these policies. It is the responsibility of supervisors to ensure that each of their employees has received this document and signed off that they have read it. I. GENER: ,S,t ra c cf Data All data shall be stored on the network server. Tape drives are provided for back- up purposes - this does not back-up the workstation hard drives [the "C" drive]. The process of re-configuring workstations as the environment changes may at any time result in the loss of data stored on the workstations hard drive. Management of Files Because the storage capacity of the networks is limited, all users are responsible for deleting outdated files. Files that are older than three months on the Users/Common directory and older than two years in employees' personal directories are considered outdated. 156 of 200 City Council Agenda packet for 9-13-16 P.2.ga l File-s. ................................................. To facilitate off-site work, employees may copy appropriate files to and from diskettes or CD's. Appropriate files include word processing documents, electronic spreadsheets and presentation graphic files (examples include files created in Word for Windows, Excel or PowerPoint). Any diskettes or CD's used in computers outside of the City of Oak Park Heights should be checked for viruses before using in a City computer. No other files may be copied from or to City computers. Work Product Ownership All information developed on a City computer system or introduced to a City computer system is the property of the City of Oak Park Heights, regardless of where it was created. Likewise, all information developed by a City employee on computers outside of the City, if in conjunction with his or her employment with the City, is the property of the City of Oak Park Heights. Copies of such files must be provided to the City,which has exclusive rights to retain,maintain and modify files. Users shall not change their systems configuration or take other steps to defeat virus protection device or systems. Individual employees are responsible for verifying that diskettes or CD's used or received from outside computers are scanned for viruses prior to their use in City computers. Contact MIS for assistance in having the diskettes or CD's checked. Configuration Individual workstations are configured to operate in a complex, networked environment. Users may not change their system's setup files. Users who believe their setup files are not configured properly should contact MIS staff for assistance. Use The information system at the City of Oak Park Heights shall be used to conduct City business, except as outlined in Section IV,Personal Use of City PC's. Before leaving work, users must log off the network and shut-down their individual workstations. 157 of 200 City Council Agenda packet for 9-13-16 Licensed Software The City of Oak Park Heights complies with all sottware copyrights and terms of all software licenses. City employees may not duplicate licensed software or related documentation. Any such duplication may subject employees and/or the City to both civil and criminal penalties under the United States Copyright Act. Personal software may be installed only at the direction of MIS staff. City-owned software may not be loaded on external systems unless the license agreement allows such use and the MIS Coordinator approves. �i�� SECURITY Electronic information is a significant asset of the City of Oak Park Heights. The goal of information system security is to protect information from unauthorized or inappropriate access or modification. Control of Security Users shall not add additional security, such as passwords, to their workstations or files. Users who believe they have security needs that go beyond current information technology standards and tools should contact the MIS Coordinator (Deputy Clerk/Finance Director). User Access Controls/Network Passwords Computer users shall identify themselves to the system by signing on with their assigned user name. Users shall never attempt to sign on to the system with any other user name. All users shall maintain passwords as required by MIS. Passwords shall not be shared with anyone for any reason. If a user forgets the password, the MIS Coordinator will facilitate assigning a new password. Network passwords will change every six months. It is the responsibility of the individual to select their password and notify MIS of the change. Access to Data The user's ability to view, add or modify information in network files is based on access rights configured by MIS staff. These can be changed as needed. Contact the MIS Coordinator to request changes to user access rights. 158 of 200 City Council Agenda packet for 9-13-16 III. SOFTWARE USE AND THE LAW In addition to authorized roles regarding software, the legal implications for improper handling of software can be significant: According to U.S. Copyright Law, illegal reproduction of software can be subject to civil damages of as much as $100,000 per work copied, and criminal penalties, including fines and imprisonment. The City of Oak Park Heights does not condone the illegal duplication of software or any other form of criminal activity. Employees who engage in such activity are also subject to discipline using City personnel policies and union contracts. IV_ PERSONAL USE OF CITY PC's The City currently allows personal use of City PCs only by City employees during non-work hours when those PCs are not being used for City business. Employees are to provide their own paper and store their personal files on their own floppy disks. Floppy diskettes should be checked for viruses. Refer to the Virus Protection under Section I, General. City PCs are not to be used to manage any part of a private business for political or criminal activity. No personal software or hardware is to be used on City PC's. Supervisors who determine that such uses are interfering with City business or are otherwise inconsistent with a positive public image may prohibit specific personal uses. Other organizations shall not use the City of Oak Park Heights computers. No employee personal computer or laptop shall be attached to the City's network without prior consent from the MIS personnel. V, ELECTRONIC MAIL Electronic mail is any message or data sent or received electronically. Electronic mail or e-mail is computer based and involves receiving and delivering some type of computer output (messages, letters, memos, spreadsheets, etc.) via the City network. The City of Oak Park Heights e-mail system is provided to facilitate City business communication among employees and other business associates. To assure the continued benefits that e-mail makes possible it is necessary for all employees using this form of communication to adhere to uniform policies. Proper Use The e-mail system is City property and is intended for City business. The system is not to be used for employee personal gain, illegal activities, or political activities. All data and electronic messages within this system are the property of the City of Oak Park Heights. Limited and brief personal use of e-mail is acceptable. 159 of 200 City Council Agenda packet for 9-13-16 Privacy, As a matter of routine, the City will not monitor e-mail. However, the City, through its managers and supervisors, reserves the right to review the contents of employee's e-mail file. Also, employees may not intentionally intercept, eavesdrop, record, alter, or receive other persons e-mail without proper authorization. Sensitive Issues The e-mail system should not be used to transmit sensitive material such as personnel decisions, reprimands, or material which is confidential in nature. Avoid language,that is insensitive, insulting, offensive, derogatory, harassing, or discriminatory. If you are in doubt whether e-mail is the proper medium for a message,use another form of communication. Checking E-mail E-mail should be checked at least daily. If the message requests a response the response should be sent as soon as possible. Receipt of an external message should be acknowledged immediately even if a subsequent response is required. Day Long Absence For absences of one day or longer the "Out of Ottice Assistant" (OOA) should be used for the e-mail system. The OOA is found under the "Tools" menu when using the "in-box". When leaving a message in the OOA, please remember to state what day or days you will be gone and leave the name of someone who can be contacted in your absence. Remember to make arrangements with your alternate contact on days when you will be gone. Deleting Messages Generally, e-mail messages are temporary communications, which are non-vital and may be discarded routinely. However, depending on the content of the message, it may be considered a more formal record and should be retained pursuant to the record retention schedule. E-mail Address To facilitate use of the e-mail system, you may give your individual e-mail address to professional associates, vendors, and other business contacts. An individual's e-mail address at City Hall is: first name initial (no space) last name @cityofoakparkheights.com. For example:jdoe@cityofoakparkheights.com. 160 of 200 City Council Agenda packet for 9-13-16 Junk Mail(Spam) Delete junk mail a soon as possible. Graphics Graphics require a lot of memory. Please limit distribution of graphics and if you receive messages with a graphic, please delete it as soon as possible. Animations require large amounts of memory and should be avoided. If you receive animation it should be deleted as soon as possible. While legal battles will continue on this issue for some time, expensive court settlements and case law provide some basic guidelines for using e-mail as a City employee: ➢ Tact counts. If there is any doubt whether e-mail is the right medium for a message,use another form of communication. ➢ If you are a supervisor,never deliver a reprimand via e-mail ➢ Never gossip or provide personal information about yourself or someone else or emotional responses to business memos. ➢ The use of insensitive language, or derogatory, offensive, or insulting remarks is subject to discipline per City personnel policies and practices and Union contracts. ➢ The use of harassing language, including sexually harassing language or any remarks that may be misinterpreted as such is subject to discipline per City personnel policies and practices and Union contracts. ➢ E-mail IS NOT confidential, and will be periodically reviewed. E-mail should be checked at least daily,unless the individual is away from the office. In other words, use common sense and focus on City business 161 of 200 City Council Agenda packet for 9-13-16 VI. WEB SITE The City of Oak Park Heights has developed a web site on the Internet. The Internet address is cityofoakparkheights.com. The web site contains information about various departments, community events and city meeting information. It will also allow people to e-mail the City regarding any issue they choose. The City of Oak Park Heights web site is a fast, convenient way to communicate information to people. Information Format Each department will be required to review their information at least quarterly to ensure it is accurate and current. If information changes between the quarterly reviews, it should be updated immediately by submitting the updates to the individual maintaining the Web page. Responsible Parties It will be the responsibility of theClafk—fity to act as Web Master ( City Clerk). The Web Master will review information and format it for the web site. The Web Master will not create information for the web site. Individual departments are responsible for creating and updating information and submitting it to the Web Master in a timely manner. Meeting Information All meetings that are open to the public should be included on the web site. It is the responsibility of the Administrator to submit meeting information to the Web Master for inclusion in the web site. Information may include agendas, letters sent to residents,bulletins placed in newspapers, etc. Meeting information should be forwarded to the Web Master a minimum of two full working days prior to the meeting date if it is to appear on the web site. For example, agendas for Tuesday night meetings should be to the Web Master by Friday morning. As with anything, the sooner the information is received, the better. Links to Other Sites The City of Oak Park Heights' web site is for informational purposes only. It is not intended to be a venue for advertisements or endorsements. Our web site will provide links to other web sites only if the web site is for a governmental or quasi- governmental entity. Quasi-governmental organizations include libraries, license bureaus, etc. The City will not create a link to other businesses or non-profit 162 of 200 City Council Agenda packet for 9-13-16 organizations, with the exception of those businesses included in the Business Directory. Web Space to Other Organizations The City of Oak Park Heights will not provide web space to other businesses or organizations. The web site is leased on an annual basis, from an outside vendor. To allow others access to this space would be logistically difficult and opens the City information up to security issues and additional costs. E-mail The City's web site provides visitors e-mail addresses of employees. All efforts should be made to respond to e-mail requests in a timely manner. All e-mail guidelines described in Section V, Electronic Mail should be adhered to when using external e-mail. VII. REMOTE ACCESS FROM HOME This portion of the MIS Computer Policy may become a part of a telecommuting policy_ if the City of/mak nark Heights beg s l,a 4ag e,.,, levees tele,.,.,.,.,.,,ute Remete all alle,,,r aeeess , ew joyeas to a e �.,....,s files an a mail their 1..,,,....ea using flw4 DSL or high speed k#e,....et.Remote Access to the City's network will only by allowed through a designated city computer or tablet. Remote access from home is limited to include only occasional hours that must be Mqpproved by the Department Head or Supervisor. Working from home or telecommunicatine is not currently permitted. Employees Eligible Only full-time employees are eligible to have remote access .-em their-hente, An employee that wishes to have remote access must have Administrator and/or department head approval in writing. Remote Access Time The employee's supervisor will determine the time frames when the employee can access the system remotely. Data Accessible Remote access will be used for accessing an employee's files and e-mail. All files and e-mail use should follow the City's regular policies. Additionally, staff accessing remotely should disconnect from the City's network after retrieving or saving their information. 163 of 2d0 City Council Agenda packet for 9-13-16 System Realair-ements Ce te.F's 'epemfiag system m+ist be WWews XP or'Featel. All files they e^+es ^.,a iffieve the Git y's system n1teu d eenf ,..., to nffi,.e 2000or- 2002 depeading on the leeation. Employee Responsibilities The employee is responsible for keeping dmir-the computer remote access secure against unauthorized use. They are responsible for any activity that is generated on the City of Oak Park Heights' network-by��,.�- . Remote access use is always subject to all other computer policies. Inter-net Aeeeso hitemet aeeess from home r-eq.,ai-r-es; aed-d-itiffifl-84 appw3val. This v611 fiet We VIII. GLOSSARY City: In this document, the term "City" will refer to the City of Oak Park Heights. Computer Storage Media: This refers to computer hard disks, floppy disks, tapes, compact disks (CDs), or any other media used to store data used on portable computers or microcomputers. Management Information Systems (MIS) Staff: Coordinator: Finance Director or her/his designee, Senior Accountant and/or TR Computer Sales LLC. Electronic Mail (E-mail): A network application that allows the network users to exchange electronic messages with one another. E-mail can allow users to attach computer files to the message, print a message and send the same message to many users at once. File Server: A computer that provides network stations with controlled access to shareable resources. Local: Any device that is physically present at your workstation. The term refers most often to hard disk and floppy disk drives. Local-Area-Network(LAN): Describes a method of linking, generally by cables, personal computers in a specific work area, such as, a department of 164 of 200 City Council Agenda packet for 9-13-16 office. Networked PCs can share data and resources such as file storage space, software and printers. Microcomputer (Micro): Computers that use miniature chips or microprocessors. Microcomputers are also called personal computers, PCs or workstations. Multi-user Access: More than one computer user can access an application or database concurrently. Network Administrator/MIS Coordinator: In this document, the term Network Administrator/MIS Coordinator refers to the Director of Finance. Personal Computer (PC): See Microcomputer. Remote Computer Services: Computer services that are part of the organization's data processing and can be accessed only through a wide-area- network or modem. Virus: A segment of replicating computer code that attaches itself to application programs or other executable system components. These code segments copy themselves and spread from program to program and from computer to computer. Voice Mail: A system whereby sounds, usually voices, are digitally recorded, transmitted, and stored. f Web Master: City Clerk Wide-Area-Network(WAN): A long-distance network distributed geographically but connected via telecommunication links. Workstation: A personal computer that performs local processing and network services. Adopted by the City Council: November 27, 2007 165 of 200 City Council Agenda packet for 9-13-16 4!IpCity of Oak Park Heights MIS COMPUTER POLICIES I HAVE RECEIVED THE City of Oak Park Heights' MIS Computer Policies, effective date of September 12, 2007. 1 understand that these policies represent the general guidelines for computer system use by staff of the City of Oak Park Heights. I acknowledge that the handbook contains, but is not limited to the following policies: electronic communications and Internet usage. I understand that the policies may change without notice. I also understand that it is my responsibility to address questions or request clarifications about the MIS Computer Policies to the MIS Coordinator(Director of Finance) or City Administrator. Please Print: Name Department. Please Sign: �. Name Department 166 of 200 City Council Agenda packet for 9-13-16 PAYROLL TIM u:KEEPI 'G POLICY The City processes payroll on a semi-monthly basis. Pay dates are the 1511 of the month and the last day of the month. When a pay date falls on a holiday or weekend, the employees shall receive their pay the preceding work day. The Finance Director or her/his designee shall distribute payroll checks. Part-time employee payroll shall be issued on the first working day following the 15th of the month and the end on the month. Part-time payroll shall be mailed unless the employee requests to pick up his/her check from the Finance Department. City Council payroll shall be issued the 6"jnd Tuesday of every month. Union contracts, if applicable, govern calculation of overtime, comp time, and holiday pay. For non-union employees overtime will be paid at 1 % times the regular hourly rate or comp time shall be accrued at 1 '/ times for time worked in excess of 8 hours per day. Accrued comp time may not exceed 40 comp time hours. Up to 40 hours of comp time not used by December 18t of each year shall be paid out the first payroll in December. Any remaining balance of comp time must be used by December 31st or the comp time is forfeited. The Finance Director or her/his designee shall distribute comp time checks. Overtime hours— must be first approved by the Department Heads and City Administrator. Overtime vay, if a roved will be aid with the re ular semimonthl a roll checks. Holiday pay will be paid out the first payroll in December. The Finance Director or her/his designee shall distribute comp time and holiday pay checks. Employees are required to punch in and out daily on the time clock with the exception of department heads and the City Administrator .Punchin_q the time eiocK up to i5 minutes pnor to the empiovee-s snip starunq and up to 15 minutes after the end of the employee's shift for the employees convience will not constitute overtime pay. ALL Employees are required to submit time off requests for vacation, personal leave, floating holiday, comp time, and sick leave to their immediate department head for prior approval. The department head approves the time off request and then forwards the request to the City Administrator for approval. m The City Administrator forwards signed requests to the Accountant for entry into payroll system and posting on the vacation calendar. ALL employees are required to complete timesheets for each pay period and submit them along with their time cards to their department head for approval. 1 - 167 of 200 City Council Agenda packet for 9-13-16 Timesheets must show number of hours broken into the following categories: regular, overtime, comp time, sick, vacation, holiday, personal day, and floating holiday. In addition, the timesheet must indicate the pay codes or type of activity performed by the employee. The employee must sign the timesheet attesting to the actual hours/days worked. Department head timesheets shall be submitted to the City Administrator for approval. The department head and Administrator must sign the timesheet attesting to the actual hours/days the employee worked. • Timesheets and time cards shall then be forwarded to the Finance Department for j processing by the Accountant. Timesheets and time cards are required to be submitted within one week of the pay period ending date. The Accountant shall enter payroll information into the computer system as outlined in the payroll procedure. • The Accountant shall submit payroll to the City Council for approval at their regularly scheduled Council meetings. • The Accountant shall mail, ACH, or auto initiate all payroll deductions to the appropriate entity. The City is required by law to make deductions from employee paychecks for five reasons: Federal income tax withholding • State income tax withholding • Social security and Medicare tax withholding • Public Employee Retirement Contributions • Garnishment of wages After receiving their paycheck, employees should verify the carried forward amount for vacation, sick leave, comp time, personal days and floating holidays. If there is a discrepancy, the employee should contact the Accountant. Refer to Ordinance 203, Regulating Employee Relations. -2- 168 of 200 City Council Agenda packet for 9-13-16 AdeFted by the mit}-Go+msik November 27, 2997 -3- 169 of 200 City Council Agenda packet for 9-13-16 PURCHASING POLICY Section 1.Purchasing Guidelines 1.1 Policy Statement The City desires that all purchasing of equipment and supplies be conducted in compliance with Minnesota State Statutes and in a manner that is consistent with ensuring adequate cost control. The standards in this policy are minimum standards to ensure fiscal responsibility. Departments may set more restrictive procedures to meet their own budgetary accountability. 1.2 ADA Compliance The City of Oak Park Heights is subject to the provisions of the Americans with Disabilities Act (ADA). In general, the city will consider the needs of people with disabilities as it purchases equipment and configures work and public areas. 1.3 Qu'ek ReferenGe Guide Lessthen$100 A1eae Retty-Cash DepaFtFnen *ea Cheep west Gity,Administfakw Ale City Gemneil No $498 PAW DepaFbnen Ghask Reques DepaFtmen# Y-09 l9iseFe#iewCity AdFniR16tFat9F City Ale COUReil NO $4,50i-$5,090 yes AdMIRI6tFateF City AdrAlAis#FateF Y05 CissretieR Cityceunsil Yes $S,001-$60,000 Cheek RoguesYes Gity,AdFRiRis#Fa#sF Yes side City Geuneil Y-06 GFea#sFiaaR Sealed Bids quest DepaFt-RieRt Yes $59 999 iRWFateF Yes City 6euRe61 *es 1.3 City Purchases of Goods or Contractual Services City purchases will be made in accordance_with the MN Statute 471.345. See ouideline following the policy for guidance. -1 170 of 200 City Council Agenda packet for 9-13-16 Section 2.Purchasing Practices 2.1 Ethics I Relations with Vendors The City of Oak Park Heights holds its employees to the highest ethical standards. Purchases shall be conducted so they foster public confidence in the integrity of the city's procurement system,and open and free competition among prospective suppliers. In keeping with this value, employees should avoid the following practices when making purchases on behalf of the city: Circumventing competitive bidding requirements. Examples of this include: • Splitting purchases so that they can be made through several small purchases. • Using the emergency procedure process when no true emergency exists. • Using a'sole source'exemption when competition is available. Denying one or more vendors the opportunity to bid on a contract when they have no history of default or failure in performance Examples of this include: • Using unreasonably restrictive specifications. • Pre-qualifying bidders on a discriminatory basis. • Removing companies from a bidders list without just cause. • Requiring unnecessarily high bonding. Giving favored vendors an unfair advantage. Example of this include: Providing vendors with non-public information regarding their competition's offers in advance of a bid opening. • Making information available to favored vendors and not to others. Giving un-favored vendors inaccurate or misleading information. Accepting gifts from vendors. • Minnesota Statutes§471.895 prohibits government employees from receiving gifts except where they are included as part of the cost of a product,good,or service provided(such as a meal provided as part of a conference). Section 3.Authorization The City of Oak Park Heights has a decentralized purchasing program where individual departments are responsible for making their own purchases.There are a few exceptions including the supplies maintained in the general office supply closet,paper and stationery products.The Administrative Secretary/Deputy Clerk will assist staff members who need help with research or purchase of items in cases where staff are not familiar with particular products. Payment Authorization Process 1. Determine the need for commodities and services. 2. Research the cost of the purchase and determine proper purchasing alternative. 3. Forward request to Department Head or designee for approval. -2 171 of 200 City Council Agenda packet for 9-13-16 4. Department Head determines the appropriate account coding and whether then:are sufficient funds available in that budget line item. If item exceed$1,500 Council approval is required for purchase.See Section 1.3 Quick Reference Guide 5. Invoices are forwarded to the Department Head or City Administrator for approval. 6. Department Head or City Administrator forwards invoices to the Finance Department Accountant for coding and input into the accounts payable system. 7. Finance Director reviews all invoices and statements for accuracy and coding and required approvals. 8.. Finance Accountant produces checks and check register for review and approval by the City Administrator or his/her designee and the City Council. 9. Payment is made by the Finance Department. Section 4,Purchasing Alternatives 4.1 Sealed Bids • A formal sealed bid procedure is required for all purchases in excess of$50-,M1D0,000 except professional services. City Council approves all bids and specifications. • A published notice of bid is required in the official city newspaper at least ten days in advance of bid opening. The published notice must state where the plans and specifications can be obtained by bidders and specifically,where the bid opening will be held.The notice may also be published on the city's official web site or in a recognized industry trade journal if certain steps are followed: Minnesota Statute§331A.03,subd.3 1. If a political subdivision designates an alternative method to newspaper notice: I. The political subdivision must continue to publish solicitations and requests in the newspaper for six months in addition of the alternative method. ii. The publication in the newspaper must indicate where to find the designated alternative method. ill. Alternative methods of publication must be in substantially the same format and for the same time period as is required for the newspaper publication. Minnesota Statute§331A.02,subd.5 2. if, in the normal course of its business, a qualified newspaper maintains a web site, then as a condition of accepting and publishing public notices, the newspaper must agree to post all the notices on its web site during the notice's full publication period. All bid openings are to be administered by the City Administrator and/or the originating department. The preparation of all specifications are to be the responsibility of the City Administrator and/or the originating department. Required authorization for plans and specifications is the responsibility of the City -3 172 of 200 City Council Agenda packet for 9-13-16 Administrator and/or the originating department. • The City Council must formally approve the bid contract. • The contract is then filed with the Administration Department. Accepted bids for services and supplies will be retained for a minimum of 10 years. Accepted bids for capital improvements will be retained permanently. Rejected bids will be retained for one year. 4.2 Quotes If a purchase is estimated to exceed $5,000 but not to exceed $69100,000, the purchase may be made either by sealed bids or by direct negotiation based upon quotations. If a purchase is made in this range, staff members are required to obtain at least two written quotes and the quotations must be kept on file for at feast one year. All such quotes_ must be forwarded to the Formatted:Highlight Finance Department with the purchasing documents. 4.3 Professional Services Contracts: The city retains outside professional services in the area of: Legal Services Planning Services Auditing Services Assessing Services Engineering Services The City Council will approve professional service contracts annually. 4.4 Emergency Emergency situations may arise where the normal purchasing process cannot be followed for the procurement of goods and services.An emergency must be a situation arising suddenly and unexpectedly which requires speedy action essential to health,safety,and welfare of the community,and not just an inconvenience. 4.5 Request for Proposals(RFP) RFPs may be used to solicit proposals for professional and/or contractual services. Typical information to address in RFPs includes: • Background and scope of the project • The project's budget to ensure that the proposals stay within that range. • Proposal requirements should include adequate information to allow for proper review and evaluation including: • Description of firm and qualifications,including any specialized experience related to the project. • A list of similar projects the firm has completed. • Project timetables including: estimate of hours, breakdown of hours by phase, and the city's expectation for a completion date. • Designation of a firm principal who will be in charge of the project. • Statement that either no subcontractors are allowed or that all subcontractors will be identified and are subject to the city's approval. • Estimate of cost to provide the service,outline of fee schedule and payment schedule. -4- 173 of 200 City Council Agenda packet for 9-13-16 Description of city's selection process. City's evaluation criteria,which typically may include: Quality and thoroughness of the proposal. Similar past experience and/or expertise. References Cost estimate • The following statement must be included: The city reserves the right to reject any and all proposals,waive all technicalities and accept any proposal deemed to be in the city's best interest. Submittal deadline:date,time,project name,and addressee. Statement: 'Proposers are solely responsible for delivery of their proposals to the city before the deadline.Any proposal received after the deadline will not be considered and will be returned." Information about where questions should be directed. Note:Staff should make sure that all proposers are given the same information. Attach a copy of the agreement proposed to be used for the project, including the city's insurance certificate. The agreement includes provisions to which the firm must agree, so it is important that they see the agreement up front. It is suggested that the RFP be submitted to the city attorney for review prior to distribution. 4.e Leases/Purchases All lease agreements need approval through the City Administrator, City Council and legal counsel prior to initiating a lease. 4.7 On-Line Purchases The following guidelines are recommended for purchasing products over the Internet: Only purchase from vendors that use secure servers for e-commerce. Most sites will have a disclaimer,but some do not have the disclaimer language. If in doubt,either send an e-mail to the vendor or call them. When using an account charge card,follow the standard purchasing guidelines that are used when paying by charge card on the telephone. It is generally safe to use a charge card on the Internet,but be cautious-see the first item in this subsection. 4.8 Reverse Auction Purchases Minnesota Statute § 471.345, subd. 16 authorized a municipality to contract to purchase supplies, materials and equipment(but not services), using an electronic purchasing process in which vendors compete to provide the supplies, materials, or equipment at the lowest price In an open and interactive environment Section 5.Payment The City of Oak Park Heights uses various processes in making payments for goods and services. 5.1 Standard Purchase Orders Purchase orders are used only when required by the vendor to acknowledge the City's request for goods and services.A copy of the purchase order will be sent to the vendor when requested. -5 174 of 200 City Council Agenda packet for 9-13-16 Obtain purchase order numbers from Finance Department. • Once the invoice is received and the purchase order is complete, return completed purchase order with invoice attached and authorization for payment to the Finance Department. 5.2 Check requests • Used for processing payment for immediate pay. If travel advance is needed, a check request may be processed with submittal of appropriate documentation, i.e.written request,e-mail,confirmation. Examples of travel advance–motel reservation,airline ticket. • Once invoice is received,submit to Finance Department to be filed with check stub and original request. 5.3 Immediate Payment The Finance Department policy is for bills to be paid on the accounts payable invoice list. For certain exceptions,immediate pay may be used under the following guidelines: Immediate pay is for payments that need to be made prior to Council meeting approval date. Such items include getting discounts, avoiding late charges, purchases requiring payment with order,etc. • Immediate pay checks will be Issued upon one day notice. Exceptions to the one day notice is for investments and emergency purchases. Checks will be issued, mailed, or returned to appropriate department. Requests for immediate pay may be submitted on a purchase order, check request, or expense voucher.Return completed documentation and invoice with authorization for payment,to the Finance Department. 5.4 Blanket Purchase Orders,Charge Accounts,and House Accounts The city uses blanket purchase orders,charge accounts,and house accounts for frequently used vendors.This process requires submission of receipt with an account code and department approval.All new open accounts must be authorized by the requesting Department Head and Finance Department. 5.5 Invoices • Invoices, purchase order, or expense form along with proper authorization must be returned to the Finance Department to be processed on invoice list. 5.6 Statements The Finance Department tracks all statements—reviewing for old invoices or credits. The Finance Department matches invoices to the statement. • All statements are to be mailed directly to the Finance Department. -6- 175 of 200 City Council Agenda packet for 9-13-16 5.7 Account Coding All requests for payment including invoices, check request, purchase order, or expense form must have an eleven digit code to process payment.Department Head will indicate the fund and department from which payment will be expensed. Finance Department will code invoice for object code. Refer to department budget for reference of line item code. Helpful hints for completing payment process: Eleven digit code—101 (fund) 40000(department)303(object-office supplies) Description-specific description of purchase. Invoice containing vendor name and address 5.8 Petty Cash Finance Director shall be the custodian of the petty cash. Petty cash shall not exceed$100.00 Used for reimbursement to employees for items $20 or less for expenditures made on behalf of the City. Receipt and/or expense form must be submitted with proper departmental authorization obtained prior to reimbursement. ` ---- Formatted:List Paragraph,Left, No bullets or numbering 5.9 Purchase Card Us` `- --- Formatted: No bullets or numbering gmIRloyees may use their CU Rurchase card for Rurchases where vendors acce t purchase cards. When using City�purchase cards the employee must adhere to the-------- Formatted:Font:{Default)Arial City'%Purchase Card Poll . Purchases made using a CIV,purchase card must still 11 11 Formatted:eulleted+Level:1+Aligned at 0.25^+ follow the City'%Purchasing Policy as described within this document. ;', Indent at o.s° Formatted:Font(Default)Arial &g6.00 Payment Processing Formatted:Font(Default)Arial Formatted:Font(Default)Arial Invoices, check request, purchase orders or expense forms must be submitted to the Formatted:Font(Default)Arial finance department. Formatted:Font:(Default)Arial Receipts must be submitted with expense forms. Formatted:Indent.Left 0.25", No bullets or numbering Immediate pays are due to the finance department at least one day in advance of the payment day. Department directors must have fund and department code to process payment.Refer to department budget line item codes for proper coding. Al statements must be sent to the finance department. -7- 176 of 200 City Council Agenda packet for 9-13-16 Blank check stock is to be maintained in a secure location. Checks may not be made out to cash or bearer. The Accountant shall prepare checks after thoroughly reviewing supporting documentation and review by the Finance Director, The Mayor and City Administrator signatures are required on all checks. The Finance Director is authorized to sign when the City Administrator is absent or unable to sign. Review of check sequence is to be conducted by the Finance Director as part of the bank reconciliation process. Void checks are stamped void and maintained in the Bank Statement file. i& Electronic Funds Transfer Electronic Funds Transfer may be required in some cases to complete a business transaction. The funds are transferred electronically from the parties bank accounts. Some instances may include transactions with the State of Minnesota,a federal agency,another local government or investment transactions. These transactions need to follow the same guidelines for payment processing in Section 5.9. Expense Reimbursement Expense forms are required for reimbursement to employees of city-related expenses on a monthly basis. (Sample expense voucher attached) If larger expenses are incurred, more than one voucher may be reimbursed in one month.All expense forms must contain proper account codes,department approval,and receipts must be attached where applicable. Section B.Capital Outlay and Fixed Assets .1 Capitalization Threshold Capital outlay purchases are for items costing more than$5,000,are a tangible asset,and have a life expectancy of more than one year. These items must be included in each department budget. It should be noted that sales tax must be included as a cost of the item purchased when determining if the purchase is a capital outlay item. If the individual purchase is greater than $5,000 the item is a capital outlay purchase and now should become a recorded fixed asset.The amount to record for that fixed asset would be any charge"to place the asset in its intended location and condition for use."For example if the city were to purchase a street vehicle,all of the following would be considered part of that asset:the vehicle,warning lights,decals,sales tax,licensing,and any other costs to put the asset into its usable condition. Like items that are used together,for example—meeting room chairs,that are used together. Capital outlay purchases less than$5,000 are-may be Inventory assets.(see VII-Fixed Assets) It should be noted that sales tax must be included as a cost of the item purchased. Example of inventory assets—computers,printers,furniture,calculators,cameras. .2 Acquisition When a fixed asset or inventory asset is purchased,a fixed asset form needs to be filled out by the department making the purchase.The forms are kept in the finance department. The form -8- 177 of 200 City Council Agenda packet for 9-13-16 should be completed when the entire cost of the asset can be supported by vendor invoices. The total of these vendor invoices should be the amount recorded for that asset. It should also be noted that all acquisitions should follow the city's Fixed Asset Policy capital replacement schedule when applicable. .3 Tracking and Transfer Once the asset is recorded on the city's financial accounting system, it is the responsibility of the assigned department to notify the finance departrnent of any assets that have been transferred to a different department.This needs to be done by filling out a fixed asset form with the required information. In addition,at the end of the year, a physical count of all fixed assets and inventory assets will need to be done by each department assigned assets.This count will be done at or near the end of the calendar year. Each department will be provided a list of assigned assets by the finance department.The count will then be made by the department with any discrepancies noted on the list provided. .4 Deletion or Disposal of Fixed Assets When an asset is sold or disposed of the assigned department must complete a fixed asset form with the required information in order for the finance department to remove the asset from the financial accounting system.This includes items that are disposed of with no sale or trade value.Once again disposals should follow the capital replacement policy of the city. Section 7. Disposal of Surplus Property .1 Auction The city disposes of surplus equipment through public sale in accordance with council policy. Throughout the year the city collects items to be sold at public auction and sends them to an auctioneer with a description and number of items to be sold, and makes arrangements for those items to be transported. The auction house will forward a tabulation of the bids received along with payment. The information is reviewed by the department directors and then the payment is forwarded to the finance department. A fixed asset removal form must be filled out when an item sold at auction was listed on the fixed asset system. .2 Electronic Sales Minnesota Statute § 471.345, subd. 17 authorizes a municipality to contract to sell supplies, materials,and equipment which is surplus,obsolete,or used using an electronic selling process in which purchasers compete to purchase the supplies, materials, or equipment at the highest purchase price in an open and interactive environment. 78.3 Computer Equipment When a piece of computer equipment has reached the end of its useful life with the city it will be cleaned of all data and may be disposed of in one of the following ways: • Sealed bids; Donation to non-profit or governmental agency(City Administrator approval required); Sell through auction; -9 178 of 200 City Council Agenda packet for 9-13-16 • Recycle through computer recycling vendor; • Dispose of as waste(unless it contains hazardous material) • There may be costs associated with recycling or disposal of certain computer equipment such as CRTs in which case purchasing guidelines should be followed. Adopted by the City Council: 1118YO�13O-27,20" Quick Reference Guide Value of Purchase Q. "Deeded Prior _ n Less than$100 None Petty Cash —it Yes Check Reauest City Administrator No City Council No sip-$5,000 Departmental Check Request Department Yes Discretion City Administrator City No Council WO- $5,001-$25,000 Two Written Quotes Check Request Department Yes Administrator City Administrator Yes Discretion City Council No $25.0014100.000 Two Written Quotes Check Reguest Department Yes or RFP's or Sealed City Administrator Yes Bids City Council No Greater than Sealed Bids Check Request Department Yes $100,000 City Administrator Yes City Council Yes Notes: If a cooperative purchasing aareement is in place,quotations are not needed. - 10- 179 of 200 City Council Agenda packet for 9-13-16 TAX ADMINISTRATION POLICY Policy statement: The City desires to be an effective steward of tax revenue funds received. The City will strive to use tax revenues on activities that have a direct benefit to the property owners remitting the taxes. The City shall comply with all Minnesota State Statutes. (275.065-.07) ameunt of tax levy 6hall ha nerefUlly determ.'AA_d after reale..s of lone Fenno planninq f the PWFpes_e ef diseussiAg the proposed tax levy and proposed budget. The �.. M The Ggty shall held a S bseni gent (l=evy Adentien) I..learine to adept a final tax lew and budget Warn thA &Rd af Anah niqlAndn;yeaF. The final tax levy and budge s adopted by F8601161VOR, 1= The City shall nrerrmntly netify Washington f eunty and the 11Ainnesete Pena*Aent F. � e�tsiv nrrv:—The—amQ,in,trr_ neller.terl And deemed delineueRt On the Gity'n f s tax FeGerds 9F; an The FiRanne 1l6renter c+hell rennrd A reneint of tax eellentiens by fURd Up Adopted by the City Council: NAWA-ambe-r-27, 2947 - 1 - 180 of 200 City Council Agenda packet for 9-13-16 Oak Park Heights Request for Council Action Meeting Date: Tuesday September 13, 2016 Agenda Item : P.W. Operator Position Offer Time Req. 3 Minutes Agenda Placement:New Business Originating Department/Requestor ublic Works Agdy Kegley, Public Works Director Requester's Signature -� Action Requested: Authorize s to offer the open P.W. Position to J d Marks Background/Justification(Please indicate any previous action has been taken or if other public bodies have been advised). See attached memo. 181 of 200 City Council Agenda packet for 9-13-16 - Y 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 Cc: Mayor and Council Frton z Andrew Kegley, Public Works Director Date: 09/08/2016 Re: P.W. Operator Position Job Offer The hiring committee consisting of Chuck Dougherty, Eric Johnson,Andy Swenson,Lisa Danielson and I,have reached a consensus on whom to offer the open P.W. Operator position. The committee began the search in late spring of 2016,having advertised the position, reviewed applicants,interviewed candidates and ultimately determined to reopen the position and accept more applications in late July. The committee had a selection of candidates with more relevant experience from the second round of accepting applications. Six(6) candidates were invited to interview; five (5) accepted.After interviews,the committee narrowed the candidate pool to four,then three, and finally have a consensus to offer the position to Jaryd Marks. Jaryd, a Cottage Grove MN native holds a Bachelor of Science degree in environmental science from Bemidji State University. He is currently working for Interpoll Labs as an environmental field technician. Mr. Marks does have limited experience working part time for the City of Bemidji,the City of Cottage Grove and School District 833 performing maintenance;however given the necessity for technical and mechanical ability in his current position, I firmly believe Mr. Marks will quickly learn the ins and outs of maintaining City infrastructure. Mr. Marks seemingly and reportedly has a positive demeanor and enjoys working in his garage in his free time. Ultimately,the majority of the committee believes Jaryd will be a good fit for Oak Park Heights. 182 of 200 City Council Agenda packet for 9-13-16 Since the committee has a consensus to offer the P.W. operator position to Jaryd Marks, I recommend that Council authorize staff to offer the Public Works Operator position to Jaryd Marks,pending a background investigation.Mr. Marks shall be offered the position at the base wage o $19.21 per hour and shall be on probation for six(6) months from date of hire in accordance with article 3:15 of the labor agreement between AFSME and the City of Oak Park Heights. 2 183 of 200 City Council Agenda packet for 9-13-16 To: City of Oak Park Heights Please review my application for the Public Works Parks Maintenance Operator position. I believe my varied experience working with grounds maintenance and mechanical skills are an excellent match for this position. I have good mechanical/repair skills and am comfortable operating many types of equipment including skid loaders, tractors, hauling trailers, etc. I also possess a Class A MN CDL license. In addition, I have a Bachelor of Science Degree in Environmental Science with a Chemistry focus which would provide an excellent background for obtaining the needed water licensures. I would appreciate your consideration for this position and look forward to an opportunity to further discuss this position. laryd Marks 184 of 200 City Council Agenda packet for 9-13-16 JARYD R. MARKS 8279 Jeffery Ave. S. Cottage Grove,Minnesota, 55016 SUMMARY Motivated individual with strong mechanical aptitude seeking a long term position with opportunities to grow/develop within the position. Experience operating commercial lawn equipment and small machinery such as skid loaders, tractors, etc. Experience working outdoors in varying weather conditions. Skills in general construction/maintenance, electrical, and welding. EDUCATION Bemidji State University 2012-13 Bachelor of Science Degree Major: Environmental Science with Chemistry emphasis Completed courses in analytical, organic, environmental and general chemistry,lab management and safety, GIS, environmental science, environmental law and policy,math, statistics,biology,writing, communication, and public speaking. WORK EXPERIENCE Interpoll Labs, Circle Pines, MN Sep 2013-Present Environmental Field Technician • Assist the Field Engineer when performing EPA Stationary Source(smoke stack)Testing Sampling Methods. • Setup emission testing equipment outdoors in varying weather conditions. • Calculate/record emission testing results using MS Excel and Data Loggers • Cleans,repairs, and verifies calibrations of sampling equipment. Erasures testing vehicles are properly equipped and outfitted by loading/unloading equipment and replacing expendables. • Worked in ethanol,power,manufacturing, and food processing plants. Learning the processes and plant operations. ° Bemidji Town and Country Club Summer 2013 General maintenance • Responsible for lawn mowing,building sand bunkers, fertilizing, and general maintenance City of Bemidji Summer 2012 Maintenance Performed lawn mowing with zero turn mowers and hydraulic deck mower, cleaning and maintaining equipment,lifting 80}Lbs., hauling trailers, and running other equipment. Determined when to mow the parks and which parks were in need of maintenance first. District 833 Schools Summer 2009-2011 Grounds Maintenance 185 of 200 City Council Agenda packet for 9-13-16 • Responsible for determination of mowing schedule and assignment of crew for the district 833 schools in Woodbury Minnesota General Labor • Duties include cleaning floors,waxing floors, cleaning rooms,and sweeping the hallways of schools w Cottage Grove Ice Arena 2006-2009 General Labor • Responsible for Arena maintenance,including driving the Zamboni, cleaning floors, customer service, computer skills, and ice maintenance,including opening and closing the rink. Camp Birchwood (3 summers) Camp Counselor Walker,MN • Coordinated and planned camp activities for youth campers Responsible for supervision of campers RELEVANT-SKILLQTALIFICATIONS • Minnesota Class A Driver's license with clean record • ood Mechanical skills and familiarity with small engine» • Experience operating skid loader;tractors, other small machinery • Time management skills as demonstrated by being able to complete college degree in 4 years while participating in Division II baseball programs • Ability to work independently and in groups • Great verbal communication skills • Completed OSHA 10 training • American Heart Association First AID and CPR AED 186 of 200 City Council Agenda packet for 9-13-16 CITY OF OAK PARK HEIGHTS 14168 OAK PARK B0 U LEV.kRD NORTH POST OFFICE BOX 2007 OAK PARK HEIGHTS. NII! N. ESOTA 55082 PHONE: (651) 439-4439 FAX: (651) 439-05774 APPLICATION FOR EMPLOYMENT The Citi-of Oak Park Heights considers all applicants for all positions%N ithout regard to race,color, religion, gender, national origin. age,marital or veteran status, the presence of a non job-related medical condition or handicap, or any other legally protected status. Minnesota Statutes on data privacy require that you be informed that the tollouring intormatxon which you %%M be asked to provide in this employnient process is considered private date: naive, address,phone number. Social Security number, conliction record, and gender. Your naive is public data if you are selected as a finalist. ME USE PRET D.kTE: isition(s)Applying For: ?ark t lahtenanoe operator .ore you available to tvork: Full Time ❑ Part-Time "- Temporary ;.T IE: Marks Jaryd KOMI LNST FIRST MIDDLE ,ADDRESS: 8279 Jeffery Ave S.CWtage Grove,NIN 55016 NUMBER STREET CTIT STATE ZIP CODE HOME TELEPHONE: '["77 TELEPHONE: Date you are available for Worl : 2 weeks from offer If you are under 18 rears of age, can you provide required proof of your eligibilih-to work? ❑Yes ❑ No Have you ever filed an application with the City of Oak Park Heights before? X Yes ❑ No If yes.when? M orc�, 2 Have you previously been employed by the Cite-of Oak Park Heights before? ❑Yes #h No 10 ves. ',hen? 187 of 200 City Council Agenda packet for 9-13-16 e you currently employed? Q Yes 6 No May we contact your present employer? It Yes 171 No ire you prevented from lawfully becoming employed in this country because of Visa or inunigration status? (Proof ofcitiaeriship or immigration status will be required upoit employment) 0 Yes No EDUCATION Elementaiv High School Undergraduate Graduate/Professional School College/ University School name Park High School Bemidji location StateUniversity 0 Years completed `314=� i.3 �.^.1 ori' 1. .'.. �.� i. n. 3. liploma/Degree Bachelor of Science Degree Describe Course Environmental of Study Science wi Chemistry Focus Describe any llonol:s you have received Describe anv additional information you feel may be helpful to us in call ring your application 188 of 200 City Council Agenda packet for 9-13-16 E1'IPLOYINIENN'r EXPERIENCE —eirt kith your present or last job. Include ani-job-related military ser%-ice assigninents or Volunteer activities.You nlay exclude organizations which indicate race,color,religion,gender,national origin.handicap, or other protected starts, Employer Interpol! Labs Dates Employed Duties Performed: Address:4500 Ball Rd, Circle Pines. MN From:912013 To:Present Assist field manager when preparing EPA stationary source Telephone 763-786-6020 Hour$•Rate/Salarx testing sample methods. Set uptca4brate emissions Job Title: Field Supervisor: Starting: Final: equipment,working in various Technician I Ed Juers $15.75 1 $20.00 weather conditions. Reason for Leming: Max,we contact this employer? Clean, repair, calibration of Looking for position with less travel. equipment 0 Yes G No Enrploter Bemidji Town and Country Club Dates Employed Duties Performed: Addrt-s :2425 sirchmont Beach Rd From:May 2013 Tn: Sep 2013 Lawn mmving, building sand bunkers,general turf maintertance. Telephone,218-751-4535 Hourly Rate/Salah .job Title: Supervisor: Starting: Final: Grounds Crew Toni Johans $9.00 510.00 Reason for Learing: 'Iav-we contact this emploFer? .ieasonal Position C� Yes L7 No Emplo},er City of Bemidji Dates Employed Duties Performed: Address:423 Wilson Ave SE From:May 2012TO: Oct 2012 Lawn and Park cafe. hauling trailers, operating skid steers. tt actors. and Telephone:218-333-6995 Hourly Rate,%Salaryother equipment. Job Title: Super%isor: Starting: Final: Park Maintenance Marcia Larson 59.00 1 59.00 Reason for Learing: May-we contact this employer? Seasonal/Return to school E Yes ❑ N4o Enrplover District 833 Schools Dates Employed Duties Performed: :kddress: 7362 E Point Douglas Rd From: 2009 To: 2011 Grounds care. Cleaning inside of buildings. Telephone:651-425-6300 Hourly Rate`Salar Job Title: Grounds Superxisor: Starting: $10.00 Final: $12.00 Reason for Leafing: May ive contact this employer? Seasonal position 2 Yes 0 No hou need additional space,please continue on a separate sheet of paper. 189 of 200 City Council Agenda packet for 9-13-16 SPECIAL SIULLS &QUALIFICATIONS Please summarize special job-related skills and qualifications acquired from employment or other experience. Class A CDL license,Turf maintenance experience, Fafnillar with operation/maintenance of menL commerical lawn equi - - p-- - Experience operating skid loader, bobcat and other small machinery. List professional. trade,business, or civic activities and offices held: (You may exclude meinbei'ships which would reveal gender;race.religic it,national origin,age,ancestry,handicap,or oilier protected status) Indicate any foreign languages you can speak, read and/or -write and at what level (fluent, good, fair): Do you have a valid driver's license? CE Yes ❑ No Are you physically or othen%ise unable to perform the duties of the job for which you are applying? ❑ Yes F0 No REFERENCES Please provide the navies of three persons not related to you who can testify as to your character and ualifications. Name and Occupation address _ Phone Number I Tent,lohnson s 34140 Quinton Ave,Center City,MN 55012 ;651.248.54ts+- l Stack Technician 3 Rick Chasse E 8505 Jeffery Ave S Ccttades Grove,A1N 550is �651-269-9070 CtUf Ir*pector.Lake Elmo i Cd Tor-t,-a- 8252 Jeffery Ave S Cottage Grove.KIN 55016 I91651-208-2133 190 of 200 City Council Agenda packet for 9-13-16 APPLIC� T'S STATEMENT I, Jaryd Marks ,certifV that answers given herein are true and complete to the best of my knowledge. I authorize hi estigation of all statements contained hi this application for employment as may be necessary in arriving at an employment decision. This application for emplo--ment shall be considered active for a period of time not to exceed forty-fire (45)days.Any applicant icishing to be considered for employment beyond this time period should inquire as to whether or not applications are being accepted at that time. I hereby understand and acknowledge ledge that,unless others%ise defined by applicable law,any-employ inept relationship N%ith the Cite of Oak Park Heights is of an "at urill"nature,which means that the Employee irray resign at any time and that the City of Oak Park Heights may discharge Employee at any time u th or i%ithout cause. It is further understood that this"at Ml1"employment relationship may not be changed by any i%ritten document or by conduct unless such change is specifically acknowledged in writing by an authorized executive of the City of Oak.Park Heights. In the event of employment,I understand that false or misleading information given in my.application or inteMew(s)may result in discharge. I understand,also,that I ant required to abide by all rules and regulations of the Cih. of Oak Park Heiglits, Employer. 07,;27 201 c Signatire o Applicaut Date FOR OFFICE USE Arrange Interview ❑ Yes ❑ No If yes,date and time: _— Remarks: Employed ❑ Yes ❑ No Date of Employment: Job Title: Department: Hourly Rate/Salary; Salary- NOTES: 191 of 200 City Council Agenda packet for 9-13-16 Oak Park Heights Request for Council Action Meeting Date S tember JA 2416 Time Required: 1 Minute Agenda Item Title: Cover nark Redevelopment Agenda Placement New Business Originating Department/Requestor Eric Johnson. City Administrator Requester's Signature Action Requested __ _Discussion.Possible Action Background/Justification(Please indicate if any previous action has been taken or if other public bodies have advised): Please see the Attached Merano 192 of 200 City Council Agenda packet for 9-13-16 k City of 0A Park Heights I4168 Oak Park Blvd. N•Box 2007.Oak Park Heights,MN 55082•Phone(651)439-4439•Fax(651)439-0574 9-9.16 MEMO TO: Mayor and City Council Members FROM: Eric Johnson, City Administrator RE: Cover Park Reconstruction Summary: At three work-sessions over the last nine-months,(including the 2016 Goal Setting meetings)the Council did discuss the concept of implementing improvements to Cover Park and which era to generally include the items listed below and with preliminary cost estimates.These are likely subject to fluctuation depending on the design scope the flushed out in the process noted below(MDB).Considering the footprint of the facility is anticipated be modest(slab)these estimates should be adequate for quality building that compliments the neighborhood. Estimated Costs Park Shelter(with bathrooms) $ 300,000.00 60.0% New Hockey Boards(not cont. Rink) $ 75,000.00 15.0% Related Parking(+/-25 spaces) $ 50,000.00 10.0% Soft Costs&Design, Legal,etc. $ 50,000.00 10.0% Related Trails(link buildings to trails and parking) $ 25,000.00 5.0% Total $ 500,000.00 100.0% At this time, if there is a desire to have these improvements constructed in 2017,the proper time to move forward with more formal actions to accomplish one or all of these goals is in late 2016 so that and bidding can be completed in the early part of 2017 with construction to follow soon thereafter. There are three questions or elements that need to be discussed: 1. Funding Capacities: It is expected that the overall scope of the project would be to secure a quality project but within a budget that compliments the City as well as City Ordinances and Processes. Essentially a"Chevrolet"version of a building and systems.It is estimated that a project of this scope could be in the$500,000 range.A number of variables can quickly alter these figures,such as a change in rink-type. The currently available funding is as follows that could be applied to such project and is all based upon having such funds on-hand and would not require a tax levy increase to fund the capital elements of the project and is noted below. Staff also provides a suggested use(highlighted in yellow)and remaining balances noted.These sources are used in amounts so listed so as to provide the most fund balance for future site specific uses,application of one-time funds and meeting the intent of City Ordinances found in Cc ord.402.(Park Dedication) 193 of 200 City Council Agenda packet for 9-13-16 Estimated As of_ Used In 2017 for aurmi Available Funds-ON HAND 1/1/17 C r 1 :fit r17 Xcel Energy-Moelter Redevelopment Funds $ 290,000.00 $ 100,000.00 $ 190,000.00 Park Dedieation Funds $ 630,000.00 $ 200,000.00 $ 430,000.00 Budgeted Project Funds- Park Bldg.Maint and Replacement $ 267,000.00 $ 100,000.00 $ 167,000.00 Use of 2015 Undesianated Funds Carryover $ 535,471.00 $ 100,000.00 S 4 a3!t,4';"'1 011) ............................................... Total $ 1,722,471.00 $ 500,000.00 $ 1,222,471.00 2. Project Methodology: The Council did discuss at length about implementing a Modified Design-Build(MDB)process where by the City would craft a detailed set of specifications and then provide such documents to general contractors to implement— including the provision of design drawings and process. Philosophically it is hoped that it may allow contractors more freedom in design and methodology—then equating to a project cost savings. It would be unknown if this would be factually true as compared to a more traditional"design-bid-build"process unless the similar project was following a dual course. Either way there will be soft costs of+1--10%of the project. STANTEC has provided a general proposal that would implement a MDB process and that is included here.What will be vital is to outline in that project development process what amenities the City desires,approximate size,site location and design features. It would be a contractors responsibility to meet those needs.However,the more the City can quantify and objectively provide in concept details the better product it should be. If the City does not secure any bids or bids that are reasonable,the work done to get to that point would certainly not have been wasted;instead the City would have developed master plan,sound ideas for the amenities desired and in many respects could then move to a full architectural design for a more traditional Design-Bid-Build(D-B-B)Process With much of the base work already completed.Granted it would be an additional cost to move to a more complete bid-able set of specific drawings—however that is a fee that would have been paid by the City separately in a more traditional D-B-B prooess and without any master site planning or evaluation, not to,mention the vetting and selection process of an architect and firm. (l did asir STANTEC to provide an allameb cod forpraparmp an arW's rendering of what the buMfRg n4ht or could look ike based on ft vadous discussions and pre-bid deem meetd► a The mos is$3,656 It is&*Matsuch a drawing is notwh*neeessary as d is a*posdAly.Instead tha City could require that a bdddarsubmd such a rarft ofN eur&"n MM thelrbid paw and would bad visually represent dx*prwosal.) 3. Timeline and Entity Responsible for Project execution. A realistic timeline for the new shelter and rink is fall 2017 so that it is open for the skating 2017-2018 season. Working backwards from that date,commencing with the process now is vital. The Council might consider forming hybrid group of Park Commissioners and Council Members(perhaps two or three each to develop the MDB specifications.Once that was issued,the City Council would execute the Project to completion. Recommended I Requested Actions: 1. Authorize the execution of an Agreement(attached)with STANTEC that implements the MDB process, subject to any limited final amendments deemed necessary by City Staff. 2. Staff requests that the Council specify which particular City entity might be the group to develop the MDB specifications. 3. Consider funding sources,as outlined above,are these generally acceptable? 194 of 200 City Council Agenda packet for 9-13-16 ® Sta me C 2335 Highway 34 West,5t.Paul MN 55113-3814 September 9,2016 File:1938o1828 Attention: Mr.Eric Johnson City of Oak Park Heights 14168 Oak Park Boulevard PO Box 2007 Oak Park Heights,MN 55082 Reference: Proposal-Cover Park Bid Package Dear Eric, Attached to this letter is a Scope of Services and Task Hour Budget Work Plan for Professional Services between the City of Oak Park Heights and Stantec Consulting Services Inc.for providing a bid package for various improvements for Cover Park. The improvements generally include a park shelter,replacement of the existing dasher boards(or alternative border)around the skating rink and rehabilitation and possible expansion of the parking lot. The total estimated fee to provide the City with a package to solicit bids for this work is$24,255. The estimate for the alternate,rendering of the park shelter is$3,656. The proposed project tasks and estimated fees(hourly not to exceed)for each task are as follows: Task 1-Site Survey $2,946 Task 2-Meetings $4,068 Task 3-Site Plan/Grading Plan $4950 Task 4-Specifications $5,078 Task 5-Bidding and Award $5,713 Ex=ses $1,500 Total Estimated Fee $24,255 Alternate-Park Shelte1'rendering $3,654 This letter and the attached Labor Hours Cost Estimate represent the understanding between the City and Stantec in respect to the Project and may only be modified in writing signed by both of us and is subject to the current Master Services Agreement between the City and Stantec. If this letter satisfactorily sets forth conditions of our Agreement,please sign in the space below and return one copy to our office.Thank you for the opportunity to provide these services. Design with community In mind 195 of 200 City Council Agenda packet for 9-13-16 5 September 9,2o16 Mr.Eric Johnson Page 2 of 2 Reference: Proposal-Cover Park Bid Package CITY OF OAK PARK HEIGHTS BY Print Name and Title Date If you have any questions, need additional information or wish to discuss this matter in greater detail, please contact me. Regards, STANTEC CONSULTING SERVICES INC. Lee M.Mann,P.E. City Engineer Phone:(651)6o4-485o lee.mann@stantec.com Attachments c. file Design with corm v n1ty In mind 196 of 200 City Council Agenda packet for 9-13-16 City of Oak Park Heights Cover Park Bid Package-Scope of Services September 9,2016 Overview This scope of services includes providing a bid package for proposed Cover Parte improvements. The project delivery method that corresponds to this scope is a modified design build process. These improvements include: 1. Anew park shelter with bathrooms and warming house; 2. New dasher boards around the existing skating rink or an alternative rink border design; and, 3. Rehabilitation and possible expansion or possible relocation of the existing parking lot. It is the City's intent to provide potential bidders with a site plan and performance specifications for the proposed improvements as a basis for them to submit a bid to perform the design development and final design and construction of the improvements under a modified design build process. The following tasks would comprise the work needed to complete the bid package and assist the City with bidding and awarding the project. Task 1 -Site Survey A site survey will be performed to identify the existing topography and geographic features for the purpose of providing an accurate base map for the site plan and design information for the bidders on the project. Task 2-Meetings There are four meetings included in the scope of this work; two initial meetings, one with staff and one with the Parks Commission, and two meetings at the 959 complete stage,again,one with staff and one with the Parks Commission. The purpose of these meetings is to determine and coordinate the parameters, program,and specifications for the desired improvements so that the bid package accurately reflects the product that the City desires for this project. Task 3-Site Plan and Grading Plan A master site pian will be developed that will include a configuration of the desired layout of the improvements including: Park Shelter footprint Changes to rink configuration,it any Indication of dasher boards or alternative rink border design (heavy line around rink with notes). Parking lot preliminary design 197 of 200 City Council Agenda packet for 9-13-16 Stantec A rough grading plan with a preliminary finish floor elevation of the park shelter,preliminary elevations as applicable for the rink improvements,and preliminary grades for the trails and parking lot would be provided, based on one location of the shelter. Preliminary grading will take into account ADA standards and requirements. ADA compliance will be finalized in the design performed by the contractor's architectural/engineering representatives. The site will be reviewed for stormwater management requirements of the Middle St.Croix Watershed Management Organization;such requirements will be identified for the contractor to incorporate into the design of the improvements. Task 4-Specl'lcations Stantec will prepare specifications for the park shelter,rink improvements and parking lot based on the input from the initial meeting with staff and the Parks Commission. The specifications will include a programming document that defines the park shelter requirements including but not limited to: Exterior materials and finishes options;interior materials and finishes options;access requirements for each space within the park shelter,door and frame materials and finishes options;window and frame materials and finishes options;plumbing fixture counts;toilet partition and urinal screen requirements;sink,counter and cabinet requirements;janitor closet requirements;roof framing system;roofing system materials and requirements; electrical systems requirements; plumbing systems requirements; heating systems requirements;dasher board footprint size or alternative rink border options and requirements; parking lot size with number of spaces,curb and gutter requirements,striping requirements,and site restoration. The project specifications will provide the standard of quality to support the programming document defined above in lieu of preparing drawings that would include site plan,grading plan, floor plan,elevations,sections,schedules, and details. Task 5-Bidding and Award Stantec will assist the City with soliciting bids using a modified design build process for the project including: • Package bid documents Issue ad for bids Contact contractors at City's request • Conduct one mandatory pre-bid meeting • Answer contractor questions • Issue addenda if/as necessary • Attend the bid opening • Review the bids • Compile the tabulation of bids 3 Recommend award of the project 2 Cover Park Bid Package Scope of Services 198 of 200 City Council Agenda packet for 9-13-16 (3 Stantec Alternate-Park Shelter Rendering At the City's request,Stantec will provide one rendering based on the finalized design developed park shelter building. This scope for this work assumes that all parameters of the building have been determined through a design development process accomplished by the contractor's architect/engineer. Stantec will be provided all the data needed to produce the rendering. The rendering will be suitable for media publications. Design Phase Services and Construction phase services and observation of these improvements is not included in this scope of services. Following is a breakdown of tasks,hours and not to exceed costs. Cover Park Bid Package Scope of Services 3 199 of 200 City Council Agenda packet for 9-13-16 PROJECT WORKPLAN(KEY TASKSISTAFFiNG11BUDGET) - Cover Park Bid package Lee Mann Project'No- City of Oak Park Heights Revised.: R+r„i wea hy: _ Personnel --- - RolelRes nslb0i _.._..� Personnel initials: - ' y Hours HourlyRates: ..$139. $160 $118 $727 5160 e144 ? as!41 vltles Hours ours ours Nouns Hours ours ours Hours Hnura site rs Start date: End date: Total duration of th s fiel . en011catlon 2 12 6 14 lnation,final 4 6 4 11 -urs0 2 12 i0 0 0 p__- - 0 Sub ost $Q $320 $1,356 $1.270 $0 0 0 0 24 meal! Start date: End date: $Q $D $0 $0 $0 $2,84ti btitfal mee0n with C Stall Total duration of this ase: 3 3 ilial meet with Parka Commission 3 3 3 B 96 meetin with C Staff 3 3 e meetin wflh Parks Commission 3 3 6 6 Sub otal ours 12 12 0 0 D Sub Total Cast $1 868 $1,820 so 3 0 0 0 0 0 0 27 $0 5480 $0 50 $0 $o $0 088 SICe PI#n atttt r#dl Ian Start date: End dale; Total du►ation of this ase: 2 2 Park Sheer q 4 ashen @Dards 2 4 arkin lot Prelim!n desl n 2 radi n 8 a 12 lNkllU m 12 8ubTofal House ��I�� ��rp 4 b Total Coal 0 V u 2 .8 lRc#tlons Start date: End date: Total duration or this ase: re s s 2 24 2 2 2 32 SubTotal Hours 2 24 Q p 0 Sub Total Cosh $0 X20 $288 $382 0 0 o S2 B a Aw#nd $0 $0 8,078 Start date: End date: Total duration of this aee: Pa bid deq+ntents 6 bid meetin 2 q 6 aonb'actom 2 g Answer bidder uestions q 2 Issue addenda a 4 ttend bid o In 2 2 10 (deft tads tabuWe rnaonimend awwd 1 4 2 Sub Total Hours 3 30 0 1 a Sub Total Cosi MEnddt.- D 1Q Q Q Q SB4175320 $0 $176 $0 $o $0 $D $6,743Tsake!Activttlgs Start date: Total duration of this hese: 0 0 0 0 SubTotal Hours 0 Q D 0 0 0 0 Sub Total Cost SO � 0 0 D 0 0 0 Alternate-Render) $0 $0 $0 $0 $D $o $0 $0 0 0 Sketch 8 0 Deal n e 24 24 SubTotel Hours 0 1 8 0 0 0 Sub Total Cost $1.280 � 0 0 0 0 24 0 0 32 $D 1 $0 Iftxpenses $0 $0 $2.376 1 $0 1 #o I $3,668 Travel,accom *1.500 Unusual rsbursernants(models s0 Total Pro et Cast Total ProJed Hours 127,911 7 Stantec 200 of 200 City Council Agenda packet for 9-13-16