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Home My WebLink About07-11-17 Council Packet CITY OF OAK PARK HEIGHTS TUESDAY, JULY 119 2017 CITY COUNCIL MEETING AGENDA 5:00 P.M. 5:00 p.m. I. Call to Order/Pledge of Allegiance/Approval of Agenda Estimated times 5:00 P.M. II. Council/Staff Reports A. Mayor McComber B. Councilmember Dougherty C. Councilmember Liljegren D. Councilmember Runk E. Councilmember Swenson F. Staff • Recycling Award(pg.3) 5:05 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). 5:05 p.m. IV. Consent A eg nda(Roll Call Vote) A. Approve Bills & Investments B. Approve City Council Minutes—June 27, 2017 (pg. 5) C. Approve City Council Worksession Notes—June 27, 2017 (pg. 11) D. Adopt Resolution Approving a Gambling Premises Permit Application Made by VFW Auxiliary to Greeder-Hinds Comfort Post 323 (pg. 15) E. Approve Resolution for Norrell/Washington& STH 36 Traffic Study(pg. 19) 5:05 p.m. V. Public Hearings None 5:05 p.m. VI. Old Business None 5:05 p.m. VII. New Business A. Review Application for Kennel Permit for Michelle Gallagher(pg. 31) B. St. Croix River Opening Celebrations (pg. 33) 5:20 p.m. VIII. Other Council Items or Announcements 5:20 p.m. X. Adjourn Please mute or silence any cell phones,computers or other devices during meeting—Thank You. Page 1 of 36 THIS PAGE INTENTIONALLY LEFT BLANK Page 2 of 36 yt. Oak Park Heights Request for Council Action Meeting Date July 11, 2017 Agenda Item Recycling Award Time Req. 0_ Agenda Placement Staff Reports Originating Department/Requestor Administration/Jennifer Pinski Requester's Signature .,: .w• Action Requested Receive Information Background/Justification(Please indicate any previous action has been taken or if other public bodies have been advised). See Attached. Page 3 of 36 July 7, 2017 John and Debbie Junker 6198 Beach Road North Oak Park Heights, MN 55082 Dear Mr. and Mrs. Junker: 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 Friday, July 7, to determine if you had your recycling bin out with your regular garbage. Your recycling was out and ready for collection; therefore, you are one of this month's winners. Please contact me at 439-4439 to let me know your choice of award. On behalf of the Oak Park Heights City Council, thank you for participating in the City's recycling program. Congratulations! Jennifer Pinski City Clerk Page 4 of 36 Oak Park Heights Request for Council Action Meeting Date July 11, 2017 Agenda Item Approve City Council Minutes—June 27, 2017 Time Req. 0 Agenda Placement Consent Originating Department/Requestor Administration/Jennifer Pinski Requester's Signature Action Requested Approve Background/Justification(Please indicate any previous action has been taken or if other public bodies have been advised). See Attached. Page 5 of 36 CITY OF OAK PARK HEIGHTS TUESDAY, JUNE 27, 2017 CITY COUNCIL MEETING MINUTES I. _Call to Order/Pledge of Allegiance/Approval of Agenda: Mayor McComber called the meeting to order at 6:13 p.m. Present: Councilmembers Dougherty and Runk. Staff present: City Administrator Johnson, City Attorney Vierling, Finance Director Caruso, City Engineer Mann, and Public Works Director Kegley. Absent: Councilmembers Liljegren and Swenson and City Planner Richards. Mayor McComber added four items: Consent Agenda H. "Approve Resolution Thanking Beth Nelson for her Contributions to the Planning Commission," Consent Agenda I. "Approve Resolution Thanking Greg Quale for His Contributions to the Planning Commission,"and New Business H. "City Position on Lake Elmo Airport" Councilmember Runk, seconded by Councilmember Dougherty, moved to approve the Agenda as amended. Carried 3-0. II. Council/Staff Reports: A. Mayor McComber: She reported she attended the LMC Conference,the Minnesota Association of Small Cities Board Meeting, and the Minnesota Women in City Government Open House; she was attending the Coalition of Utility Cities meeting on June 28; the Boutwells Chapel Ribbon Cutting was set for June 29; she was contacted by the Stillwater Area High School to discuss a homecoming parade; the Lions Club wanted to donate a bench or picnic table at Beach Road and Paris Avenue; and the St. Croix River Crossing Ribbon Cutting was set for August 2. B. Councilmember Dougherty: No report. C. Councilmember Liljegren: Absent. D. Councilmember Runk: He reported he attended the Middle St. Croix Watershed Management Organization meeting, and Nolde was given conditional approval for his project; and he attended the Washington County Osgood Avenue Project Open House. E. Councilmember Swenson: Absent. F. Staff. City Clerk Pinski reported that Christina and Derek Chapman of 5312 Ojibway Avenue North and Ryan Jacks of 15056 63rd Street North were chosen as the recycling award winners for the month of June. III. Visitors/Public Comment: A. Presentation: County State Aid Highway 24—Osgood Avenue: Allan Brandt of Washington County provided a presentation on the background, Page 6 of 36 City Council Meeting Minutes June 27, 2017 Page 2 of 4 concept plan, and timeline for the Osgood Avenue project. Councilmember Runk asked if there was a plan for a pedestrian flasher at Upper 55th Street. Brandt responded that the area was studied, and there would be a raised concrete median but not a pedestrian flasher. Mayor McComber asked if there would be signage in advance of the intersection and a crosswalk. Brandt confirmed there would be. Mayor McComber also asked if there could be a double turn lane west from the northbound lane because traffic backed up there. Brandt responded that they did a study and were waiting until the bridge opened to possibly explore doing something in that area to alleviate backups. Councilmember Runk asked where exactly the speed limit changes from 45 miles per hour down to 35 miles per hour and stated that he spoke with Councilmember Swenson who wanted to see the speed limit change start back before Valley View Park. Brandt responded that they could not arbitrarily change the delineation for the speed limit change and that they would have to contact the Department of Transportation for a speed study. Runk asked Brandt to at least double-check where the speed change started. Brandt responded that he would check that and provide a response to the City Administrator. IV. Consent Agenda: A. Approve Bills & Investments B. Approve City Council Minutes - May 23, 2017 C. Approve City Council Worksession Notes—May 23, 2017 D. Award Sanitary Sewer SCADA Project to Automatic Systems E. Approve 2017—2018 Recycling Agreement with Washington County F. Approve Resolution Relating to County Stat Aid Highway 24—Osgood Ave. G. Approve Resolution Encouraging the People of the City of Oak Park Heights to Attend the Grand Opening of the Minnesota State Capitol H. Approve Resolution Thanking Beth Nelson for Her Contributions to the Planning Commission I. Approve Resolution Thanking Greg Quale for His Contributions to the Planning Commission J. Approve Resolution Accepting Donations for Party in the Park Mayor McComber pulled Item J. Councilmember Dougherty, seconded by Councilmember Runk., moved to approve the remainder Consent Agenda. Roll call vote taken. Carried 3-0. Mayor McComber read the Resolution Accepting Donations for Party in the Park. Councilmember Runk, seconded by Councilmember Dougherty, moved to approve the Resolution. Roll call vote taken. Carried 3-0. V. Public Hearings: None Page 7 of 36 City Council Meeting Minutes June 27, 2017 Page 3 of 4 VI. Old Business: None VII. New Business: A. Approve 1St Extension to the SRO Service Agreement with ISD#834: Councilmember Dougherty, seconded by Councilmember Runk, moved to approve the extension. Carried 3-0. B. Nuisance Abatement and Site Compliance—Ordinance Enforcement: Mayor McComber requested that other types of nuissances, such as animal issues be added to the policy. Councilmember Runk, seconded by Councilmember Dougherty, moved to approve the policy with the change. Carried 3-0. C. Norrell/Washington& STH 36 Traffic Study_: Councilmember Runk, seconded by Councilmember Dougherty, moved to approve the Cooperative Agreement. Carried 3-0. Councilmember Dougherty, seconded by Councilmember Runk, moved to authorize staff to executive the agreement. Carried 3-0. Councilmember Runk, seconded by Councilmember Dougherty, moved to authorize $5,000 from 2016 fund balance. Carried 3-0. D. Authorize Finance Director to Prepare Preliminary 2018 Budget Adoption of the Proposed Budge Schedule: Finance Director Caruso requested the City Council provide budget requests to her as soon as possible. She reviewed the calendar of budget meetings which included a worksession at 4:30 p.m. on July 25, a worksession on August 29 at 5:00 p.m., a worksession at 5:00 p.m. on September 12, and a worksession at 5:00 p.m. on September 26. Councilmember Runk, seconded by Councilmember Dougherty, moved to authorize the Finance Director to prepare the 2018 budget and to approve the schedule. Carried 3-0. E. 2017 Street Seal Coating: Councilmember Runk, seconded by Councilmember Dougherty, moved to approve the contract with Pearson Brothers and Stripe Right. Carried 3-0. F. City Hall Generator Rem: Councilmember Dougherty, seconded by Councilmember Runk,moved to authorize repairs and to secure a temporary generator. Carried 3-0. G. Planning Commission—Vacancies—Interim Commissioner: City Administrator Johnson reported that there were two vacancies on the Planning Commission, and he reached out to a couple of past Page 8 of 36 City Council Meeting Minutes June 27, 2017 Page 4 of 4 commissioners to see if they were interested in serving as Interim Commissioners until one or both of the vacancies were filled. He stated that he received a response from Jenny Bye that she would be interested in the position. Councilmember Dougherty, seconded by Councilmember Runk, moved to appoint Jenny Bye. Carried 3-0. H. City Position on Lake Elmo Airport: Mayor McComber reported she received an email regarding concerns on the proposed Lake Elmo Airport expansion. She suggested the City Council consider directing staff to write a letter to the Metropolitan Airport Commission encouraging them to continue discussions and open communication with surrounding communities, but to not declare a position one way or another. Councilmember Runk stated he felt the communication was already open and felt the City should not get involved. Councilmember Dougherty agreed. McComber stated she would contact the people who had contacted her to let them know the City's position. No action taken. VII. Other Council Items or Announcements: None IX. Closed Session A. Memorial Ave. Property (closed pursuant to MN Stat 13D.05, Subd 3(c)(3)): City Attorney Vierling reported that the City Council would go into closed session to review matters of a sale of city property identified as 06.029.20.12.0020. He stated the session would be recorded with the recording maintained for two years as required by statute. Councilmember Dougherty, seconded by Councilmember Runk,moved to close the meeting. Carried 3-0. Mayor McComber called the meeting back to order. City Attorney Vierling reported that staff reviewed issues with the City Council, feedback was given, and no motions were made in the closed session. X. Adiourn: Councilmember Runk, seconded by Councilmember Dougherty, moved to adjourn at 7:15 p.m. Carried 3-0. Respectfully submitted, Approved as to Content and Form, Jennifer Pinski Mary McComber City Clerk Mayor Page 9 of 36 THIS PAGE INTENTIONALLY LEFT BLANK Page 10 of 36 P-44'.. Oak Park Heights Request for Council Action Meeting Date July 11, 2017 Agenda Item Approve City Council Worksession Notes—June 27, 2017 Time Req. 0 Agenda Placement Consent Originating Department/Requestor Administration/Jennifer Pinski Requester's Signature _•- ._a Action Requested Approve Background/Justification(Please indicate any previous action has been taken or if other public bodies have been advised). See Attached. Page 11 of 36 CITY OF OAK PARK HEIGHTS CITY COUNCIL WORKSESSION NOTES TUESDAY,.TUNE 27,2017 Present: Mayor McComber, Councilmembers Dougherty and Runk; City Administrator Johnson; City Attorney Vierling; Finance Director Caruso; Public Works Director Kegley; City Engineer Mann; and City Clerk Pinski. Absent: Councilmembers Liljegren and Swenson. 1. Call to Order: Mayor McComber called the meeting to order at 5:00 p.m. 2. 2017 Goals Update: City Administrator Johnson provided updates on goals from the January 2017 goal setting meeting. Mayor McComber asked if the council was interested in revisiting the splash pad discussion. Councilmember Dougherty suggested they talk about it as part of the budget discussion. McComber also asked if the council wanted to move forward with a feasibility study for the lands west of Memorial Avenue. Councilmember Runk stated he would like to wait to hear from the County. The Council decided not to move forward. McComber suggested an ice cream social or hot dogs at Oak Park Crossing Park after the St. Croix River Crossing ribbon cutting. She stated that the Leonard lot and the Heights Hall and Club lot would be open for parking and there could possibly be a shuttle to take people to the park. She stated cards could be printed and handed out inviting people who were at the ribbon cutting to the ice cream social. The Council was amenable to the idea. McComber said she would go back to the planning group with the idea. Councilmember Dougherty requested City Administrator Johnson start a conversation with MNDOT on Lookout Trail and the trail connection. McComber asked Finance Director Caruso to check the renewal and replacement fund and City Engineer Mann to obtain numbers for utilities. No action was taken. 3. Possible TIF Concept: City Administrator Johnson reported that Tim Nolde had approached the City on the possibility of a TIF district for affordable senior housing. Johnson said he talked to Tim about the possibility of him committing to fund trails,etc. The Council will discuss at the next worksession when all members of the council would be present. No action was taken. 4. 2017 Budget Calendar: Finance Director Caruso reviewed possible dates for budget worksessions. No action was taken. Page 12 of 36 5. City Promotions: Mayor McComber stated she received something from Twin Cities Business Magazine and thought the Council could discuss advertising options. Councilmember Runk suggested ads in the New Richmond and Hudson papers welcoming people to the City of Oak Park Heights by way of the new bridge and providing a list of businesses. McComber suggested Runk obtain advertising prices and options. Jonathan Young from the Stillwater Gazette said they were doing a special advertising section and would provide the City with pricing information. McComber requested City Administrator Johnson check with Valley Access Channels for videography for a city promotional video. No action was taken. 6. Adjourn: The meeting was adjourned at 6:04 p.m. Page 13 of 36 THIS PAGE INTENTIONALLY LEFT BLANK Page 14 of 36 �P-7 - Oak Park Heights Request for Council Action Meeting Date July 11, 2017 Agenda Item Adopt Resolution Approving Gambling Premises Permit Application Made by VFW Auxiliary to Greeder-Hinds Comfort Post 323 Time Req. 0 Agenda Placement Consent Originating Department/Requestor Admini8tration/Jennifer Pinski Requester's Signature ,. ` s Action Requested Approve Background/Justification(Please indicate any previous action has been taken or if other public bodies have been advised). See attached. Page 15 of 36 RESOLUTION 17-07-25 CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY,MINNESOTA RESOLUTION APPROVING A GAMBLING PREMISES PERMIT APPLICATION MADE BY VFW AUXILIARY TO GREEDER-HINDS COMFORT POST 323 IN OAK PARK HEIGHTS WHEREAS, Betty Nelson, on behalf of VFW Auxiliary to Greeder-Hinds Comfort Post 323 has applied with the State of Minnesota Gambling Control Board for a permit to conduct lawful gambling activity at the site of VFW Post 323, 5880 Omaha Avenue North; and WHEREAS, the City of Oak Park Heights has reviewed the application and finds that its purposes meet the necessary community standards; and WHEREAS, the City of Oak Park Heights has solicited the input of the public and there have been no objections to the granting of the application for the permit as applied for by FW Auxiliary to Greeder-Hinds Comfort Post 323 with the State of Minnesota Gambling Control Board. NOW, THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL FOR THE CITY OF OAK PARK HEIGHTS AS FOLLOWS: That the application of FW Auxiliary to Greeder-Hinds Comfort Post 323 with the State of Minnesota Gambling Control Board to for a permit to conduct lawful gambling activity at the site of VFW Post 323, 5880 Omaha Avenue North, within the City of Oak Park Heights and the same are hereby approved. Passed by the City Council of Oak Park Heights this 11 t" day of July, 2017. Mary McComber ATTEST: Mayor Eric A. Johnson City Administrator Page 16 of 36 MINNESOTA LAWFUL GAMSUNG 6/15 Page 1 of 2 LG214 Premises Permit.Application Annual Fee $150 (NON—REFUNDABLE 1. If the premises is leased,attach a copy of your lease. Use L6215 Mail the application and required attachments to: Lease for Lawful Gambling Activity. Minnesota Gambling Control Board 2. $150 annual premises permit fee,for each permit(non-refundable). West County Road B,Suite 300 South Rose Make check payable to"State of Ninnesota." Roseville, MN 55113 Questions? Call 651-539-1900 and ask for Licensing.: [F.cs�rz �srY Organization Name: Gre- rr ' t License Number: Chief Executive Officer(CEO) C44., A e-I S 071 Daytime Phone: Gambling Manager _F G-3'L —Rcs 1 Daytime Phone: OAMBLINR1ESNFQ1rM�i4'f �tlM Current name of site where gambling will be conducted: tr— List any previous names for this location: Street address where premises is located: (Do not use a P.O.box number or mailing address.) City: OR Township: County: Zip Code: us,* Irt. Does your organization own the building where the gambling will be conducted? Dyes ®No If no,attach LG215 Lease for Lawful Gambling Activity. A lease is not required if only a raffle will be conducted. Is any other organization conducting gambling at this site? []Yes ®No f Don't know Note: Bar bingo can only be conducted at a site where another form of lawful gambling is being conducted by the applying organF zation or another permitted organization. Electronic games can only be conducted at a site where paper pull-tabs are played. Has your organization previously conducted gambling at this site? oYes []No []Don't know AUNT. F9RHAMr..Must UP. soTa Bank Name: Bank Account Number: Bank Street Address: City: State: 114I11 Zip Code: ALL-TIEMIRAIY E�tNA �� 5�`ORA�E S�AC�5 Address(Do not use a P.O. box number): City: State: Zip Code: MN MN MN Page 17 of 36 L6214 Premises Permit Application 6/15 Page 2 of 2 `ACl I iIAFtEDCi1! N BY LfllCAL U flfi�F,GOVE1=NT: : PpRdY/l►1:BY RESO4UTZ01 CITY APPROVAL COUNTY APPROVAL for a gambling premises for a gambling premises located within city limits located in a township City Name: County Name: Date Approved by City Council; Date Approved by County Board: Resolution Number: Resolution Number: (If none,attach meeting minutes.) (If none,attach meeting minutes.) signature of City Personnel: Signature of County Personnel: Title: Date Signed: Title: Date Signed: TOWNSHIP NAME: Complete below only if required by the county. Local unit of governmorrt On behalf of the township,I acknowledge that the organization is must sign. applying to conduct gambling activity within the township limits. (A township has no statutory authority to approve or deny an application, per Minnesota Statutes 349.213,Subd. 2.) Print Township Name: " - 4 Signature of Township Officer: Title: Date Signed: :ACKNtfliitlE1MEM`t SND�AT`H .: ;. . 1. I hereby consent that local law enforcement officers, 6. I assume full responsibility for the fair and lawful operation of the Board or its agents, and the commissioners of all activities to be conducted. revenue or public safety and their agents may enter T will familiarize myself with the laws of Minnesota governing and inspect the premises. lawful gambling and rules of the Board and agree,If licensed, 2. The Board and its agents,and the commissioners of to abide.by those laws and rules, including amendments to revenue and public safety and their agents, are them. authorized to Inspect the bank records of the gambling $. Any changes in application information will be submitted to the account whenever necessary to fulfill requirements of current gambling rules and law. Board no later than ten days after the change has taken effect. 3. I have read this application and all information 9. I understand that failure to provide required information or submitted to the Board is true,accurate,and complete. providing false or misleading information may result in the 4. All required information has been fully disclosed. denial or revocation of the license. S. I am the chief executive officer of the organization. 10. I understand the fee is non-refundable regardless of license approval/denial. Signature of Chief Ex olive Officer(designee may not sign) Date Data privacy notice:The information requested on this information when received by the Board. Minnesota's Department of Public Safety, form(and any attachments)will be used by the All other information provided will be Attorney General,Commissioners of Gambling Control Board(Board)to determine your private data about your organization until Administration,Minnesota Management& organization's qualifications to be involved in lawful the Board issues the permiL When the Budget,and Revenue;Legislative Auditor, gambling activities in Minnesota.Your organization has Board issues the permit,all information national and international gambling the right to refuse to supply the information;however, provided will become public. if the Board regulatory agencies;anyone pursuant to If your organization refuses to supply this information, does not issue a permit,all Information court order;other individuals and agencies the Board may not be able to determine your provided remains private,with the specifically authorized by state or federal law organization's qualifications and,as a consequence, exception of your organization's name and to have access to the information;individuals may refuse to issue a permit.If your organization address which will remain public. Private and agencies for which law or legal order supplies the information requested,the Board will be data about your organization are available authorizes a new use or sharing of able to process your organization's application. Your to: Board members,Board staff whose information after this notice was given;and organization's name and address will be public. work requires access to the information; anyone with your written consent. This form will be made available In alternative format,Le.large print,braille,upon request, An equal gpp°tunifYemproy- Page 18 of 36 Oak Park Heights Request for Council Action Meeting Date July 11 h,2017, Time Required: 5 Minutes Agenda Item Title: Norrell/Washington& STH 36 Traffic Study Agenda Placement Consent en a Originating Department/Req sto ri ohnson Ci Adm' ator Requester's Signature Action Requested A rove RY41ution Authorizing AgLeement#1028544 with MNDOT for Norell/WaMngton& STH 36 Traffic Stud . Background/Justification(Pleindicate if any previous action has been taken or if other public bodies have advised): 7/11/17 UPDATE: The Council did take action on this item on June 27h, 2017 — generally authorizing the project to move forward.However,the State does need the City action to be in the form of a resolution. Please review and adopt the enclosed Resolution. PROM 6/27/17 Meeting: The'Cdy was made aware that%ere night be reeiaffurg Federal Transportation-HPP lands haat may sb'i available to he Axed for certain dudes along the STH alt conidor. Cdy Stat!did impre vw1h WYDOT iF such furls Gadd be arrmvwpA used to study!explore feashle 4roverrrents for the Nonei I Washtnglm &STH 36 intersection as that location experiences significant issues. WIDOT did ultimately mdcats that these finals wAd be used for such purposes on an 80%-209E match to fund such a 8".The cost for such Study is sm.000. The City did reach out to SNOW to deWdne if they wadd ice to partner in this shady and share in the tical s. match of S1%000 to which the Cly of Nkater mdcsted PWft ` Acaondirgy,the adad>ed Agreemerd must be a=Aed between the two sties and ace 9neworknannycan-mence.TheAgreerreatgener*mcIudes8natOPHwiI be the lead agency and%I coordinate the work with MNDOT and STANiEC_And.that bolh Parties Approve the SCOPE OF WORK and the antidpamd Outcomes as wduded. RerprestedAcbm(sy • Approve the Cooperave Agreement bebveen Me City of Oak Park Heights and the Ckyof SWwater_ • Audxm Cdy SW to wmade repred agreemerds between the Cly and 181DOT to sears bdR reunbwseamts. • The Crtys-55,000 share of bxfi ng from 2016 Fund Balance.(airent esbele of such balance is$442.048) Page 19 of 36 RESOLUTION A RESOLUTION AUTHORIZING THE STUDY OF THE NORRELL / WASHINGTON AND TRUNK HIGHWAY 36 INTERESECTION. Whereas, the Nowell / Washington Ave & Trunk Highway 36 intersection faces challenges for access, delays and possible safety concerns;and, Whereas the cities of Oak Park Heights and Stillwater desire to complete a Traffic Study to determine if there are options to improve the area;and, Whereas the total anticipated cost of the Traffic Study is $50,000 to be undertaken by the City Engineer; and, Whereas there are available funds from the State of Minnesota—HPP MN 126—that may be applied to this Traffic Study with a 20%local match; and, Whereas the State of Minnesota has indicated that that the Project is compatible with available funding sources. NOW,THEREFORE BE IT RESOLVED, that pursuant to MN STAT. Sec. 161.36 the Commissioner of Transportation be appointed as Agent of the City of Oak Park Heights to accept as its agent federal aid funds which may be made available for eligible transportation related projects. BE IT FURTHER RESOLVED,that the Mayor and City Administrator are hereby authorized to execute and enter into any necessary agreements with the State of Minnesota and/or the Commissioner of Transportation prescribing the terms and conditions of said federal aid participation as set forth and contained in Minnesota Department of Transportation Agency Agreement No. 1028544, a copy of which has been supplied to the City Council and is made a part hereof by reference. Passed by the City Council for the City of Oak Park Heights this 11th day of July,2017 Mary McComber,Mayor ATTEST: Eric Johnson,City Administrator Page 20 of 36 MnDOT Agreement No. 1028544 STATE OF MINNESOTA AGENCY AGREEMENT BETWEEN DEPARTMENT OF TRANSPORTATION AND CITY OF OAK PARK HEIGHTS FOR FEDERAL PARTICIPATION IN FORCE ACCOUNT FOR S.P. 098-080-052; M.P. HPPH H126(003) This agreement is entered into by and between CITY OF OAK PARK HEIGHTS ("City") and the State of Minnesota acting through its Commissioner of Transportation ("MnDOT"), Pursuant to Minnesota Statutes Section 161.36, the City desires MnDOT to act as the City's agent to accept and disburse federal funds for the construction, improvement, or enhancement of transportation financed in whole or in part by federal funds, hereinafter referred to as the "Project"; and The City is proposing a federal aid project to study and review the intersection area of Trunk Highway 36 and Norrell Avenue/Washington Avenue. A public interest finding has determined that preliminary engineering and studies for the project can be completed more economically as a Force Account hereinafter referred to as the "FORCE ACCOUNT"; and The FORCE ACCOUNT is eligible for the expenditure of federal aid funds, and is identified in MnDOT records as State Project 098-080-052, and in Federal Highway Administration ("FHWX) records as Minnesota Project HPPH H126(003); and The CFDA number for this project is 20.205; and MnDOT requires that the terms and conditions of this agency be set forth in an agreement. THE PARTIES AGREE AS FOLLOWS: 1. DUTIES OF THE CITY. A. DESIGNATION. The City designates MnDOT to act as its agent to accept and disburse federal funds made available for the Project. B. ELIGIBILITY/COSTS. The estimated cost of the FORCE ACCOUNT is $50,000. 1. It is anticipated that 80% (up to $40,000) of the cost of the FORCE ACCOUNT is to be paid from federal funds made available by the FHWA, and that the remaining 20% will be paid by the City. The City will pay any part of the cost or expense of the work that the FHWA does not pay. 2. Any costs incurred by the City prior to authorization, will not be eligible for federal participation. Agreement no. 1028544 -1- Page 21 of 36 3. Eligible cost and expense, if approved, may consist of the following: a) The cost of conducting the study and developing an improvement concept. b) The direct labor charges for City employees for the time that said employees are engaged in the work to be performed by the City pursuant to this agreement. Said labor charges may include the prorata share of'labor additives" applicable to said labor charges. Costs to the City of'labor additives" consisting of holiday pay, vacation, sick leave, retirement, pension, unemployment taxes, compensation and liability insurance, lost time charges and similar costs incidental to labor employment will be reimbursed only when supported by adequate records. c) The applicable equipment rental charges for City owned equipment used by the City and mileage charges for employee owned vehicles used by the City on the work to be performed pursuant to this agreement, at rates reflective of the City actual cost. d) Expenditures for materials, supplies, mechanical data processing and equipment rental, limited to the actual expenditures for the purposes of this agreement. 4. Expenditures for general administration, supervision, maintenance and other overhead or incidental expenses of the City are not eligible for federal participation. 5. Acceptability of costs under this agreement will be determined in accordance with the cost principles and procedures set forth in the applicable Federal Acquisition Regulations, Contract Cost Principals and Procedures, 48 Code of Federal Regulations (CFR) 31 which is hereby incorporated by reference and made a part of this agreement. 6. For costs expected to exceed $50,000, the City must request the preparation and execution of a supplement to this agreement, prior to incurring such costs. C. STAFFING. 1. The City will designate a publicly employed registered engineer, ("Project Engineer"), to be in responsible charge of the Project and to supervise and direct the work to be performed under any construction contract let for the Project. If City elects to use a private consultant for engineering services, the City will provide a qualified, full-time public employee of the City, to be in responsible charge of the Project. The services of the City to be performed pursuant to this agreement may not be assigned, sublet, or transferred unless the City is notified in writing by MnDOT that such action is permitted under 23 CFR 1.33 and 23 CFR 635.105 and state law. This written consent will in no way relieve the City from its primary responsibility for performance of the work. 2. During the progress of the work on the Project, the City authorizes its Project Engineer to request in writing specific engineering and/or technical services from MnDOT, pursuant to Minnesota Statutes Section 161.39. Such services may be Agreement no. 1028544 -2- Page 22 of 36 covered by other technical service agreements. If MnDOT furnishes the services requested, and if MnDOT requests reimbursement, then the City will promptly pay MnDOT to reimburse the state trunk highway fund for the full cost and expense of furnishing such services. The costs and expenses will include the current MnDOT labor additives and overhead rates, subject to adjustment based on actual direct costs that have been verified by audit. Provision of such services will not be deemed to make MnDOT a principal or co-principal with respect to the Project. 3. The City will furnish the personnel, services, supplies, and equipment necessary to properly supervise, inspect, and document the work for the Project. D. CONTRACT ADMINISTRATION. 1. The City will request approval from MnDOT for all costs in excess of the amount of federal funds previously approved for the Project prior to incurring such costs. Failure to obtain such approval may result in such costs being disallowed for reimbursement. 2. The City will prepare reports, keep records, and perform work so as to enable MnDOT to collect the federal aid sought by the City. The City will retain all records and reports in accordance with MnDOT's record retention schedule for federal aid projects. 3. Upon completion of the Project, the Project Engineer will determine whether the work will be accepted. E. PAYMENTS. 1. The entire cost of the Project is to be paid from federal funds made available by the FHWA and by other funds provided by the City. The City will pay any part of the cost or expense of the Project that is not paid by federal funds. 2. The City may request partial payments not more than once each thirty (30) days. The Project Engineer will certify each partial estimate. 3. The invoice and supplements thereto, will contain all details that may be necessary for a proper audit. Such details will consist of at least the following: (a) A breakdown of labor by individual, classification, dates and hours worked times the applicable rate to arrive at a total dollar amount for each individual. (b) The labor additive may be applied to total labor dollars, not including overtime labor dollars. (c) The equipment charges must be broken down by type of equipment times the applicable rate and dates used to arrive at total equipment charges. (d) A detailed breakdown of outside services used and supporting invoices. Documentation that costs of outside services have been paid. Agreement no. 1028544 -3- Page 23 of 36 (e) Detail for materials, supplies, and other items with the description, units, and unit prices included in the invoice. If materials or supplies are purchased from an outside source, a copy of that invoice must be included. (f) The invoices will include 100% of eligible charges applicable to the Force Account so that the prorata share of federal and City participation can be applied to the total costs. 4. Following certification, by the Project Engineer, of the final estimate, the City may request reimbursement for costs eligible for federal funds. The City's request will be made to MnDOT and will include a copy of the certified final estimate along with the required records. 5. Reimbursement of costs under this agreement will be based on actual costs, but limited to eligible items. F. LIMITATIONS. 1. The City will comply with all applicable Federal, State, and local laws, ordinances, and regulations. 2. Nondiscrimination. It is the policy of the Federal Highway Administration and the State of Minnesota that no person in the United States will, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance .(42 U.S.C. 2000d). Through expansion of the mandate for nondiscrimination in Title VI and through parallel legislation, the proscribed bases of discrimination include race, color, sex, national origin, age, and disability. In addition, the Title VI program has been extended to cover all programs, activities and services of an entity receiving Federal financial assistance, whether such programs and activities are Federally assisted or not. Even in the absence of prior discriminatory practice or usage, a recipient in administering a program or activity to which this part applies, is expected to take affirmative action to assure that no person is excluded from participation in, or is denied the benefits of, the program or activity on the grounds of race, color, national origin, sex, age, or disability. It is the responsibility of the City to carry out the above requirements. 3. Workers' Compensation. Any and all employees of the City or other persons while engaged in the performance of any work or services required or permitted by the City under this agreement will not be considered employees of MnDOT, and any and all claims that may arise under the Workers' Compensation Act of Minnesota on behalf of said employees, or other persons while so engaged, will in no way be the obligation or responsibility of MnDOT. The City will require proof of Workers' Compensation Insurance from any contractor and sub- contractor. 4. All components purchased for this project must comply with the current Buy America policy based on the statutory provisions in the Surface Transportation Assistance Act of 1982, as implemented with a November 25, 1983, final rule and clarified by the 1997 memo. Agreement no. 1028544 -4- Page 24 of 36 G. AUDIT. 1. The City will comply with the Single Audit Act of 1984 (with amendment in 1996) and Office of Management and Budget (OMB)'s 2 CFR 200 Subpart F, which are incorporated herein by reference. 2. As provided under Minnesota Statutes Section 16C.05, subdivision 5, all books, records, documents, and accounting procedures and practices of the City are subject to examination by the United States Government, MnDOT, and either the Legislative Auditor or the State Auditor as appropriate, for a minimum of six years. The City will be responsible for any costs associated with the performance of the audit. H. MAINTENANCE. The City assumes full responsibility for the operation and maintenance of any facility constructed or improved under this Agreement. I. CLAIMS. The City will pay any and all lawful claims arising out of or incidental to the performance of the Project work. The City acknowledges that MnDOT is acting only as the City's agent for receipt and disbursement of federal funds, and not as a principal or co-principal with respect to the Project. In all events, the City will indemnify MnDOT and hold MnDOT harmless from any claims arising out of the Project. J. FEDERAL FUNDING ACCOUNTABILITY AND TRANSPARENCY ACT (FFATA). This Agreement requires the City to provide supplies and/or services that are funded in whole or in part by federal funds that are subject to FFATA. The City is responsible for ensuring that all applicable requirements, including but not limited to those set forth herein, of FFATA are met and that the City provides information to the MnDOT as required. The City shall comply with the following: 1. Reporting of Total Compensation of the City's Executives. (a) The City shall report the names and total compensation of each of its five most highly compensated executives for the City's preceding completed fiscal year, if in the City's preceding fiscal year it received: i. 80 percent or more of the City's annual gross revenues from Federal procurement contracts and Federal financial assistance subject to the Transparency Act, as defined at 2 CFR 170.320 (and subawards); and ii. $25,000,000 or more in annual gross revenues from Federal procurement contracts (and subcontracts), and Federal financial assistance subject to the Transparency Act (and subawards); and iii. The public does not have access to information about the compensation of the executives through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d) or section 6104 of the Internal Revenue Code of 1986. (To determine if the public has access to the compensation information, see the U.S. Security and Exchange Commission total compensation filings at http://www.sec.,qov/answers/execomp.htm.). Agreement no. 1028544 -5- Page 25 of 36 Executive means officers, managing partners, or any other employees in management positions. (b) Total compensation means the cash and noncash dollar value earned by the executive during the City's preceding fiscal year and includes the following (for more information see 17 CFR 229.402(c)(2): L Salary and bonus. ii. Awards of stock, stock options, and stock appreciation rights. Use the dollar amount recognized for financial statement reporting purposes with respect to the fiscal year in accordance with the Statement of Financial Accounting Standards No. 123 (Revised 2004) (FAS 123R), Shared Based Payments. iii. Earnings for services under non-equity incentive plans. This does not include group life, health, hospitalization or medical reimbursement plans that do not discriminate in favor of executives, and are available generally to all salaried employees. iv. Change in pension value. This is the change in present value of defined benefit and actuarial pension plans. V. Above-market earnings on deferred compensation which is not tax qualified. vi. Other compensation, if the aggregate value of all such other compensation (e.g. severance, termination payments, value of life insurance paid on behalf of the employee, perquisites or property) for the executive exceeds $10,000. 2. The City must report executive total compensation described above to the MnDOT by the end of the month during which this agreement is awarded. 3. The City will obtain a Data Universal Numbering System (DUNS) number and maintain its DUNS number for the term of this agreement. This number shall be provided to MnDOT on the plan review checklist submitted with the plans for each project. More information about obtaining a DUNS Number can be found at: http://fedaov.dnb.com/webform/. 4. The City's failure to comply with the above requirements is a material breach of this agreement for which the MnDOT may terminate this agreement for cause. The MnDOT will not be obligated to pay any outstanding invoice received from the City unless and until the City is in full compliance with the above requirements. II. DUTIES OF MnDOT. A. ACCEPTANCE. MnDOT accepts designation as Agent of the City for the receipt and disbursement of federal funds and will act in accordance herewith. B. PROJECT ACTIVITIES. MnDOT will make the necessary requests to the FHWA for authorization to use federal funds for the Project, and for reimbursement of eligible costs pursuant to the terms of this agreement. C. PAYMENTS. Agreement no. 1028544 -6- Page 26 of 36 1. MnDOT will receive the federal funds to be paid by the FHWA for the Project, pursuant to Minnesota Statutes § 161.36, Subdivision 2. 2. MnDOT will review and certify each partial pay request. Following certification of the partial estimate, MnDOT will reimburse the City, from said federal funds made available to the Project, for each partial payment request, subject to the availability and limits of those funds. 3. Upon completion of the Project, the City will prepare a final payment request in accordance with the terms of this agreement. MnDOT will review and certify the final payment request with a final audit. 4. No more than 90% of the reimbursement due under this agreement will be paid until completion of the final audit and approval by MnDOT's authorized representative. 5. In the event MnDOT does not obtain funding from the FHWA or other funding source, or funding cannot be continued at a sufficient level to allow for the processing of the federal aid.reimbursement requests, the City may continue the work with local funds only, until such time as MnDOT is able to process the federal aid reimbursement requests. D. AUTHORITY. MnDOT may withhold federal funds, where MnDOT or the FHWA determines that the Project was not completed in compliance with federal requirements. E. INSPECTION. MnDOT, the FHWA, or duly authorized representatives of the state and federal government will have the right to audit, evaluate and monitor the work performed under this agreement. The City will make available all books, records, and documents pertaining to the work hereunder, for a minimum of seven years following the closing of the construction contract. III. AUTHORIZED REPRESENTATIVES. Each authorized representative will have responsibility to administer this agreement and to ensure that all payments due to the other party are paid pursuant to the terms of this agreement. A. The City authorized representative is Eric A. Johnson, City Administrator, City of Oak Park Heights, PO Box 2007, Oak Park Heights, MN 55082, phone (651) 439-4439, or his successor. B. MnDOT's authorized representative is Lynnette Roshell, Minnesota Department of Transportation, State Aid for Local Transportation, 395 John Ireland Boulevard, Mail Stop 500, St Paul, MN 55155, phone 651.366.3822, or her successor. IV. TORT LIABILITY. Each party is responsible for its own acts and omissions and the results thereof to the extent authorized by law and will not be responsible for the acts and omissions of any others and the results thereof. The Minnesota Tort Claims Act, Minnesota Statutes Section 3.736, governs MnDOT liability. V. ASSIGNMENT. Neither party will assign or transfer any rights or obligations under this Agreement no. 1028544 -7- Page 27 of 36 agreement without prior written approval of the other party. VI. AMENDMENTS. Any amendments/supplements to this Agreement must be in writing and be executed by the same parties who executed the original agreement, or their successors in office. VII. TERM OF AGREEMENT. This agreement will be effective upon execution by the City and by appropriate State officials, pursuant to Minnesota Statutes Section 16C.05; and will remain in effect for five (5) years from the effective date or until all obligations set forth in this agreement have been satisfactorily fulfilled, whichever occurs first. Vlll. TERMINATION. This agreement may be terminated by the City or MnDOT at any time, with or without cause, upon ninety (90) days written notice to the other party. Such termination will not remove any unfulfilled financial obligations of the City as set forth in this Agreement. In the event of such a termination the City will be entitled to reimbursement for MnDOT-approved federally eligible expenses incurred for work satisfactorily performed on the Project to the date of termination subject to the terms of this agreement. Remainder of this page left intentionally blank Agreement no. 1028544 -8- Page 28 of 36 IN WITNESS WHEREOF,the parties have caused this Agreement to be duly executed intend to be bound thereby. CITY DEPARTMENT OF TRANSPORTATION City certifies that the appropriate person(s) have executed the contract on its behalf as required By: by applicable resolutions,ordinances,or charter provTitle: Director State Aid for Local Transportation Date: By: L1 Date: � � G ' ? COMMISSIONER OF ADMINISTRATION fk By. Title: ____ Date: By: ------------------- ZDate: /go// 7 Title: einr 4ymrN,3I*w Agreement no. 1028544 -9- Page 29 of 36 THIS PAGE INTENTIONALLY LEFT BLANK Page 30 of 36 Oak Park Heights Request for Council Action Meeting Date July 11, 2017 Agenda Item Review Application for Kennel Permit for Michelle Gallagher Time Req. 0 Agenda Placement New .:siv�zsS Originating Department/Requestor Administration/Jennifer Pinski 1 } Requester's Signature Action Requested Approve Background/Justification (Please indicate any previous action has been taken or if other public bodies have been advised). Attached is an application made by Michelle Gallagher for a Kennel Permit at 14860 Upper 55th Street North. The Police Department has reviewed the application and has no complaints/concerns. Please review the application and make a decision on approval. As required by statute, each of the dogs have had their rabies vaccination(proof was submitted) and the $100 permit fee has been paid. Page 31 of 36 CITY OF OAK PARK HEIGHTS APPLICATION FOR KENNEL PERMIT Application Fee: $100.00 Return to: City Clerk P.O.BOX 2007 Oak Park Heights, MN 55082 (651) 439-4439 Applicant Name: v Address: � � � D po.� 1�S± N[- Phone Phone Number: Work: DSJ L4 O I `'i L4 S Pet Information: Spayed/ OPH Dog Name Gender Neutered? Color Breed Tag No. G e- F -,S 'BiacL C11rvve. 60U" F A glacL F N A &Uf AA T" "Proof of rabies vaccination for each pet must be submitted with application Having made full payment of the application fee and submitted proof of rabies vaccination for each pet indicated above,I/we request a Kennel Permit be granted and agree to operate said kennel in accordance with the City of Oak Park Heights Domestic Animal Ordinance 601. Date: Lp a"I l Signature: . CL ----------------------------------------------------------------------------------------------!------------- ------- Approved—/Denied_this day of , by the City Council of the City of Oak Park Heights. Mayor City Administrator Page 32 of 36 Oak Park Heights Request for Council Action Meeting Date July 11th, 2017 Time Required: 5 Minutes Agenda Item Title: St. Croix River Opening Celebrations Agenda Placement New Business Originating Department/Requestor Mayor McComber Requester's Signature Action Requested Discussion,Possible Action Background/Justification(Please indicate it any previous action has been taken or if other public bodies have advised): I would like the Council to discuss possible elements for the upcoming St. Croix Raver Crossing Opening — Celebration day. At this time the following are some areas to discuss, however additional concepts could be added? Newspaper Ads Attached is information regarding ads for local papers. The two photos were taken by Mike Runk. There is the information from the Stillwater Gazette. Council should discuss whether the ad should be front/back etc. Included in the price is the setup.The rates for the New Richmond papers: 1/4 page-$585+$180 color 1/2 page-$1228.50+$315 color Full page-$2457+$378 color Ice Cream Social at Oak Parik Crossina Should there be more Port-a-Pots? I checked with Jimmy's Johnnies,which the city currently uses. The cost is$54.50 per porta(possibly 2 more for one day) Ice Cream would range from$1 to$2.50, Could have 2,3,4 trucks??Tables,chairs and trash cans Xcel will be mowing the grass in the next two weeks Coffee and Rolls b/4 Ribbon Cuttinsa Waiting for quote from Kowalski's;The Heights has donated the hall,cost for tablecloths,etc.approximately$150 Parkinsa Fury Motors has offered their lot at 36/0sgood Stillwater Area Schools has offered the Jr.and Sr. High parking lots Illinois Central Bus Company will be running shuttles Should there be no parking,parking one side only on streets closest to the bridge? There will be buses coming from Somerset and New Richmond as well(Somerset received donations of water which will be given out as people board buses-is something to think about?) Postcards Councilmember Runk has a suggestion of postcards to be given at local businesses Then:will be further meeting with MnDOT and others before the finalization of plans. Page 33 of 36 OAK PA HEl ---------------- JE TO RK, HEIGHTS 17, (rti�i!�IIS i G 4 1 I" Page 34 of 36 Stillwater Bri* dge Commemorative Special Section bridgeThe new Stillwater Advertise fellowcommemorative section to show your support for the bridge and share your excitement with • - • Sizes & Rates = Readership: 40,000 plus Eighth Page ...................................$325 Published: " 2'333" ; Thursday,August 24, 2017 in ValleyLife Quarter Page.................................$450 ; Friday, August 25,2017 in The Gazette 3.403"x 4.833" Deadline: Half Page...................................... $750 Thursday,July 27,2017 3.403"x10"(Vert.)or 7"x4.833"(Horiz) i F Page....................................... 1,100; 7"x 10" : There will also be copies available to be picked sap at locations within the area. Premium Page ............................ $1,8001. Back Cover,Inside Back,Inside Front : Take advantage of this key advertising opportunity and you'll see returns on your investment for an entire year! ALL ADS ARE PRINTED IN FULL COLOR! Brad Solern 1 651-796-1113 For . information and to brad.solem@ecm-inc.com reserve your space, contact Doug • . your StiRwater Gazette doug.lacher@ecm-inc.com 4 Valley Life Sales Michelle Ahrens • + 2-6883 Representative today! f • Page 35 of 36 THIS PAGE INTENTIONALLY LEFT BLANK Page 36 of 36