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02-13-2018 Council Packet
CITY OF OAK PARK HEIGHTS TUESDAY, FEBRUARY 13, 2018 CITY COUNCIL MEETING AGENDA 6:00 P.M. AT CITY HALL 6:00 p.m. L Call to Order/Pledge of Allegiance/Approval of Agenda Estimated times 6:00 p.m. IL Council/Staff Reports A. Mayor McComber B. Councilmember Dougherty C. Councilmember Liljegren D. Councilmember Runk E. Councilmember Swenson F. Staff • Recycling Award(pg. 3) 6:05 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). 6:15 p.m. IV. Consent Agenda_ (Roll Call Vote) A. Approve Bills & Investments B. Approve City Council Minutes—January 23, 2018 (pg. 5) C. Approve 2018 Prairie Maintenance with Minnesota Native Landscapes, Inc. (pg. 9) 6:15 p.m. V. Public Hearings None 6:15 p.m. VI. Old Business A. Norrell Ave. & STH 36 Frontage Road Study (pg. 13) B. Small Cell Wireless Facilities (pg. 21) 6:25 p.m. VII. New Business A. Resolution on Respectful Workplace and Personnel Policy Handbook (pg. 103) B. Osgood Ave— CSAH 24—Cooperative Agreements &No Parking Resolution (pg. 157) C. Possible Amendment to Ord 602 —Relating to Livestock—Ducks (pg. 195) 6:35 p.m. VIII. Other Council Items or Announcements 6:35 p.m. IX. Adjourn Please mute or silence any cell phones,computers or other devices during meeting—Thank You. Page 1 of 202 THIS PAGE INTENTIONALLY LEFT BLANK Page 2 of 202 ArA S• Oak Park Heights Request for Council Action Meeting Date February 13, 2018 Agenda Item Recycling Award Time Req. 0 Agenda Placement Staff Reports Originating Department/Requestor Ainistration/Jennifer Pinski Requester's Signature`.. Action Requested Receive Information Background/Justification(Please indicate any previous action has been taken or if other public bodies have been advised). See Attached. Page 3 of 202 February 2, 2018 Susan Felling 5849 Oakgreen Court N Oak Park Heights, MN 55082 Dear Ms. Felling; 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, February 1, 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 via phone at 439-4439 or email at jpinski@cityofoakparkheights.com 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 202 Oak Park Heights Request for Council Action Meeting Date February 13, 2018 Agenda Item Approve City Council Minutes—January 23, 2018 Time Req. 0 Agenda Placement Consent Originating Department/Reqestor Administration/Jennifer Pinski Requester's Signature k" -AA .-� 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 202 CITY OF OAK PARK HEIGHTS TUESDAY, JANUARY 23, 2018 CITY COUNCIL MEETING MINUTES I. Call to Order/Pledge of Allegiance/Approval of Agenda: Mayor McComber called the meeting to order at 6:00 p.m. Present: Councilmembers Liljegren, Runk, and Swenson. Staff present: City Administrator Johnson, City Attorney Vierling, Public Works Director Kegley, and City Engineer Mann. Absent: Councilmember Dougherty and City Planner Richards. Mayor McComber added"Approve Summer Park Programming—2018— Position& Events"to Consent Agenda as Item G. Councilmember Runk, seconded by Councilmember Liljegren, moved to approve the Agenda as amended. Carried 4-0. II. Council/Staff Reports: A. Mayor McComber: She reported that she would be attending the Mayor's Association Executive mini-meeting that week, the New and Experienced Elected Officials meeting that weekend, and the NLC Transportation Committee meeting the following week. She also reminded residents of the winter parking regulations and expressed sympathies to the family of Jack Doerr. B. Councilmember Dougherty: Absent. C. Councilmember Liljegren: He reported the next Parks Commission meeting was set for January 29 at 6:00 p.m. D. Councilmember Runk: No report. E. Councilmember Swenson: He reported the next Cable Commission meeting was set for January 29 at 7 p.m. He also stated the Public Works Department did a great job plowing trails after the recent snowfall. F. Staff. City Clerk Pinski reported that Lisa Berres of 5420 O'Brien Avenue North was chosen as the recycling award winner. Public Works Director Kegley gave a report on snow plowing. I1I. Visitors/Public Comment: Jim Kremer of 5745 Oakgreen Place North reported that the Planning Commission felt it was not essential for a member to be present at the City Council meetings, but thought it was good for the Planning Commission to see the process and get to know the City Councilmembers. He stated they would not be asking the City Council to change the bylaws. Page 6 of 202 City Council Meeting Minutes January 23, 2018 Page 2 of 2 IV. Consent Agenda: A. Approve Bills & Investments B. Approve City Council Minutes—January 9, 2018 C. Approve Resolution Granting the Application of Whitetails Unlimited Metro Area to Conduct a One-Day Raffle at Heights Hall & Club on March 24, 2018 D. Approve TIF Policy Update E. Approve Annexation Policy Update F. Approve Developers Agreement—Oak Park Senior Living—Phase V G. Approve Summer Park Programming—2018—Position& Events Councilmember Liljegren, seconded by Councilmember Runk, moved to approve the Consent Agenda. Roll call vote taken. Carried 4-0. V. Public Hearings: None VI. Old Business: A. Sunnyside Lift Station Replacement—Bidding: Councilmember Swenson, seconded by Councilmember Liljegren, moved to approve and authorize staff to seek bids. Carried 4-0. VII. New Business: A. Nolde—Phase V—Revenue Bond Preliminary Approval: Councilmember Swenson, seconded by Councilmember Runk, moved to approve the Resolution and set the Public Hearing for February 27. Roll call vote taken. Carried 4-0. B. Easement to Creative Homes Construction—Palmer Station: Councilmember Swenson, seconded by Councilmember Liljegren, moved to approve the street drainage utility easement. Carried 4-0. VIII. Other Council Items or Announcements: None IX. Adiourn: Councilmember Swenson, seconded by Councilmember Runk, moved to adjourn at 6:16 p.m. Carried 4-0. Respectfully submitted, Approved as to Content and Form, Jennifer Pinski Mary McComber City Clerk Mayor Page 7 of 202 THIS PAGE INTENTIONALLY LEFT BLANK Page 8 of 202 0 Oak Park Heights Request for Council Action Meeting Date: Tuesday February 13th 2018 Agenda Item: 2018 Prairie Maintenance Time Req. 1 Minute Agenda Placement: Consent Originating Department/Reque tor: Public Works, Andy Kegley Public Works Director Lisa Danielson, Arborist r Requester's Signaturep Action Requested: C ti ue Ve etation Management for 2018 with Minnesota Native Landscapes, Inc. for the gestoration Areas at Swa er and Valley View Parks Please See Attached Memo. Page 9 of 202 City of Oak Park Heights 14168 Oak Park Blvd Me Box 2007.Oak Park Heights,MN 55082•Phone(651)439-4439•Fax 439-0574 Memorandum To: Andy Kegley, Public Works Director Cc: Eric Johnson, City Administrator, Mayor and Council From: Lisa Danielson,Arborist 6J>-- Data 01/17/2018 Re: 2018 City of Oak Park Heights Native Prairie Maintenance Attached are copies of quotes submitted by Minnesota Native Landscapes, Inc. to continue with maintenance of the restoration areas of the native prairies located within Swager Park and Valley View Park. I recommend the City continue with weed control maintenance and mowing for 2018. In keeping with the DNR recommended standards, the prairies should be mowed in the spring after the snow melts once the sites have dried and weed control visits are timed on growing conditions throughout the year which is key for proper maintenance. The quotes provided include very similar management services to those provided in past years. Minnesota Native Landscapes, Inc. has been managing these areas for the City of Oak Park Heights since 2012. 1 recommend the City of Oak Park Heights continue vegetation management services with Minnesota Native Landscapes, Inc. for 2018 which includes four (4) weed control visits at each site and a spring mowing at each site. The cost for this service is $2,720. The project is funded using the Parks Contractual Services budget, which has an ample balance to cover the $2,720. TREE CITY U.S.A. Page 10 of 202 ' `� M i n n esOta Native i ' Landscapes To: Lisa Danielson—City of Oak Park Heights Date: January 12,2018 Quote for 2018 Vegetation Management at Swager Park Oak Park Heights,MN Overview: Similar to previous years, Minnesota Native Landscapes recommends continuing vegetation management at Swager Park for the 2018 growing season.MNL recommends a spring mow and up to four weed control visits.Throughout the growing season MNL will additionally conduct routine evaluations and monitor native and weedy growth on site to effectively time weed control visits. This season will begin with a spring mow.The spring mow will occur once the snow melts and the prairie area dries. Following the mow,comprehensive weed control visits will occur as needed throughout the growing season to control all weedy and undesirable species. Depending on weather and site conditions all four weed control visits may not be necessary.Management crews will use a variety of management techniques including spot cutting, hand weeding,and selective herbicide applications. Costs for Services: Item Units Qty Unit Price Total Price Site Monitoring&Evaluations - - - No Charge Spring Mow Each 1 $315.00 $315.00 Weed Control Visits Each 4 $150.00 $600.00 Total Estimated Cost: $915.00 Notes: 1. Any items placed or planted within treatment area(s)that are under 3'tall must be clearly marked or described to the management crew to avoid damage to said items or equipment. MNL cannot be liable for unseen,unmarked items within management area(s). 2. MNL does not warranty against acts of vandalism,severe drought,flooding or damages caused by wildlife. 3. All work will be billed following completion,with payment being due within 30 days of receipt of invoice. Submitted By: To Accept This Quote Sign Here: Nikki Brown—Site Manager Nikki@MNLcorp.com Sign Date Print Minnesota Native Landscapes, Inc. • 8740 77th Street Northeast Otsego, MN 55362 • Phone: 763-295-0010 www.Mn Native La ndsCapeS.Com Page 11 of 202 Minnesota Native L.ar)dscapes To: Lisa Danielson—City of Oak Park Heights Date: January 12,2018 Quote for 2018 Vegetation Management at Valley View Park Oak Park Heights, MN Overview: Minnesota Native Landscapes recommends continuing vegetation management at Valley View Park for the 2018 growing season. Like previous years,MNL suggests conducting a spring mow and four weed control visits. MNL will also conduct routine site evaluations and monitor weedy and native growth to accurately time weed control visits. This season will begin with a spring mow.The spring mow will occur once the snow melts and the prairie area dries. Following the spring mow,up to four weed control visits will occur as needed to control all weedy and undesirable species.Depending on site and weather conditions,all four weed control visits may not be necessary. Management crews will use a variety of management techniques including spot cutting, hand weeding,and selective herbicide applications. Costs for Services: Item Units Qty Unit Price Total Price Site Monitoring& Evaluations - - - No Charge Spring Mow Each 1 $705.00 $705.00 Weed Control Visits Each 4 $275.00 $1,100.00 Notes: Total Estimated Cost: $1,805.00 1. Any items placed or planted within treatment area(s)that are under 3'tall must be clearly marked or described to the management crew to avoid damage to said items or equipment. MNL cannot be liable for unseen,unmarked items within management area(s). 2. MNL does not warranty against acts of vandalism,severe drought,flooding or damages caused by wildlife. 3. All work will be billed following completion,with payment being due within 30 days of receipt of invoice. Submitted By: To Accept This Quote Sign Here: Nikki Brown—Site Manager Nikki@MNLcorp.com Sign Date Print Minnesota Native Landscapes, Inc. • 8740 77t6 Street Northeast Otsego, MN 55362 • Phone; 763-295-0010 www.MnNativeL.an45Capes.com Page 12 of 202 Oak Park Heights Request for Council Action Meeting Date February 13tk 2018 Time Required: 5 Minutes Agenda Item Title: Norrell Ave. & STH 36 Frontage Roqd Study. Agenda Placement Old Business 1171 Originating Department/Requestor: Eric Jo son Administrator Requester's Signature /I—AIX� Action Requested Discussion, IoL feAc7on Please see the enclosed memo and related documents. Page 13 of 202 City of Oak Park Heights 14168 Oak Park Blvd. N•Box 2007.Oak Park Heights,MN_5502•Phone(651)439-4439 Fax(651)439-0574 2-8-18 MEMO TO: Mayor and City Co cil e FROM: Eric Johnson,City Admi rat RE: Norrell Ave/Frontage Road r On January 17th,2018 a meeting wash d by City ff with the owners of land along the west side of the Norrell Ave/STH 36 Frontage Road.This meeting nvened by Eric Johnson and was intended to allow some initial dialogue among those property owners about th it common possibilities and opportunities related to access and land-uses,but perhaps most importantly—all could get to know their neighbors. The City also is a large property owner in the area. In addition to Staff,it was attended by: • TOLD Development(now owners of the Eagle's site) • Cushman Wakefield—(agent for the Large commercial site(offer 1:Michaels_ Etc R land of Ruby Tues.) • Stillwater Family Dental—(owners of the former"Montenad"building) • Osmundson Land Co.—(owners of the former McCormick's site) • Chris Eng,Washington County Community Development Agency(WCCDA) One of the conversations that came out of this was the rough possibility of a re-alignment of the nearby frontage road —see the attached map.And of-course most were in favor of exploring a concept to perform that,but as we know as of now there are no hard and fast studies to outline the pro and cons of such elements and/or to estimate the costs that would need to be funded and by what parties? This area is largely distinct from other frontage road areas in the City in so far that he City already maintains the frontage road lying west of Norrell Ave and it is the City's roadway and lands that are inextricably linked into addressing any problem—the City has"legs'in the intersection.Also recall the City is wrapping-up a traffic study of this intersection functionality with Stillwater. So, perhaps a next step in this exploration might be to ask STANTEC to complete an analysis as to what might be achieved in this area for a frontage road relocation,including—possibly those lands lying to the east of Norrell Ave?I did ask STANTEC to prepare a proposal (see attached)that can be discussed.The total cost is estimated at$22,850.See enclosed—Might the Council desire to move forward with such a studv7 To fund this study the City may use available pooling funds from TIF District 1-1,which at this time has an available balance of$154,348.38. Further,the WCCDA may have available grant funds to explore this. • Recall these funds stem from the City's decision from 2009 to designate 10%of TIF funds for Pooling and can be used for development assistance throughout the City.Also recall that in 2017 there was reallocation of un-necessary administrative funds to this pooling option.Staff estimates that$400,000 will be u/timat*allocated to this pooling fund. • The City could always consider the establishment of a new redevelopment area i TIF district,but is premature to consider this at this point until some feasibilities are better understood and/or if will directly benefit a Redevelopment and statutory tests. Page 14 of 202 ® Stantec February 7,2018 To: Eric Johnson, City Administrator City of Oak Park Heights From: Lee Mann, P.E. Pat McGraw, P.E. Re: TH 36 Backage Road Preliminary Study-Scope and Fee Project Understanding The City of Oak Park Heights(OPH)has been working in cooperation with the City of Stillwater and the Minnesota Department of Transportation(MnDOT)to study potential improvements to the Norell Ave N./TH 36/Washington Ave intersection.Those efforts are on-going.One issue with the current configuration of the intersection is the close proximity of the adjacent frontage road intersections with Norell Ave N.As a separate effort the City of Oak Park Heights is interested in a preliminary study of the potential pros,cons and costs of realignment of the southern frontage road(60th St N.) approximately 340'to the south of the current intersection with Norell Ave N.In general re-alignment would follow the northern portion of the Walmart and Kohls parking lots and intersect Krueger Lane to the west and Norwich Ave N.to the east at approximately the same locations of the current lot accesses.A conceptual sketch developed by the City is attached. The Preliminary Study Report will include the following: • Meetings: A kickoff meeting and up to two design meetings will be held at the City of Oak Park Heights.Stantec staff will attend as necessary to facilitate the agenda items for each meeting. Stantec will provide agenda,copies of current work products as necessary and general meeting facilitation. • Base Man: Stantec will utilize record plans and permit submittal data provided by the City in mapping existing public utilities (water,sanitary sewer&storm sewer).The City will provide current right-of-way and property line information for all potentially affected roadways and properties.Stantec will prepare a CADD base map depicting the roadway right-of-way,property boundaries, and public utilities overlaid on an aerial image of the project area.Topographic,private utility or other site based surveys will not be conducted.A desktop wetland search will also be conducted,and approximate wetland boundaries added to the base map as necessary. • ConcgptuaI LMouts:Refine City's sketch layout to include basic geometric information (number of lanes,lane width,turn-lanes, curve radii).Concept one will be a three-lane roadway with full stop control at the three intersections(Norell Ave N.,Krueger Lane, Norwich Ave N.). Concept two will include a roundabout at Norell Ave N.Each concept will include a boulevard separated multi-use trail.The layouts will be conceptual/schematic. Details of connections to individual property accesses,connections to existing parking areas or other nuanced items will not be included. • Evaluation o-jysical Impacts.For each of the three alternative layouts the following potential impacts will be quantified. 1 TH36 Backage Road Preliminary Study—Scope and Fee Page 15 of 202 (3 Stantec February 7,2018 o Right-of-Waw Needed permanent rights-of-way will be measured in square feet needed on a per property basis.Anticipated acquisition costs will not be considered. o Storm Sewer: Impacts to the existing system will be evaluated.The ability to physically manage storm water to and through the existing system will be evaluated.The system will only be modeled to the degree necessary to identify potential constraints that will need to be addressed during design. Potential challenges to storm water permitting will also be considered and discussed. o Public and Private Utilities: Impacts to existing utilities will be identified and discussed. • Engffic Analysis:Traffic data being utilized for the City of Oak Park Heights/City of Stillwater/MnDOT study of the TH 36&Norell Ave N.intersection will be utilized.It is expected that the data will be made readily available to Stantec for use in this study.The traffic volumes currently applied to the 60th St N. intersections with Krueger Lane,Norell Ave N., and Norwich Ave N.will be applied to the relocated intersections.It is understood that MnDOT is currently retiming the TH 36 intersection.The model will be run with the updated timing as soon as available.The model will be run for conceptual layouts one and two only.Delay, 95 percentile queues and level of service will be reported for each movement,leg and intersection. In addition to the existing year data, a ten-year projection will also be modeled and reported on.The projections previously prepared for the TH 36&Norell Ave N.intersection study will be utilized. Of particular interest is the ability of the segment of Norell Ave N.between 60th St N. and TH 36 to accommodate anticipated queues. • Sae :A general identification and discussion of safety impacts,such as impacts to pedestrian movements or the number of conflict points will also be provided. • Cost Estimates:Conceptual level cost estimates will be prepared for each of the three layout alternatives. Pavement structure costs will be quantified on length/width/depth basis.Cost of storm sewer structures will be measured by each and pipes by linear foot.Cost of ancillary items such as signing,lighting and striping will be included on a percentage basis.Landscaping or ponding costs will not be included.Remaining miscellaneous items such as turf establishment will be covered under a 30%contingency. • Miscellaneous Considerations:A general summary of items which would need to be addressed in later phases of the project,such as accommodation of movements associated with specific properties will also be provided with the understanding the list will evolve as design progresses. • Report:A draft and final report will be submitted to the City. Comments are anticipated on the draft report.The draft and final reports will be provided to the City in PDF format. Report Outcomes The report will assist the City staff in considering the following items regarding the potential frontage road realignment: 1. What amount of property acquisition may be necessary? 2. What impacts to the existing storm sewer system will need to be addressed? 2 TH 36 Backage Road Preliminary Study—Scope and Fee Page 16 of 202 5 Stantec February 7,2018 3. Could there be difficulties with storm water permitting? 4. What impacts to private utilities will need to be addressed? 5. What can the general expectations regarding traffic queuing and levels of service be at the three intersections? a. Specifically,could queuing between TH 36 and 60th St N.continue to present a problem? 6. What safety concerns may be eliminated or what new concerns may arrive? 7. What should general construction cost expectations be? 8. Are there any other significant issues that will need to be resolved through additional preliminary design? Fees/Schedule The fee for the Preliminary Study is a lump sum$22,850.A possible schedule to complete the study is shown below: • Authorize Preliminary Study February 13,2018 • Kickoff Meeting February 20, 2018 • Design Meeting(s)w/City Staff March 2018 • Complete Draft Report for Review April, 2018 • Submit Final Report May, 2018 This Scope of Services, described above, represents the understanding between the City and Oak Park Heights and Stantec in respect to the TH 36 Backage Road Preliminary Study south of the intersection at TH36 and Norell Ave. in Oak Park Heights,and may only be modified in writing signed by both of us and is subject to the current Master Services Agreement between the City and Stantec. If this scope and fee satisfactorily sets forth conditions of our Agreement,please sign in the space below and return one copy to our office. CITY OF OAK PARK HEIGHTS By Print Name and Title Date TH 36 Backage Road Preliminary Study-Scope and Fee 3 Page 17 of 202 ,n 4 wF ,, _mom t, Y y r ; m a iY '. •.t vet 'k ta .G LU t U C7 � .� M 1 Y'y.4+.w6'• ui r � Y U) Q uj o >- LU p g wp �ppLM! ^L S w w C of 202 c i �Cq1q 33 ~ Xn NW m p Tz m 3gmBm ` m5 mm,E� l q qz a�e ' `0 m �m,Z 3 I m 3 '-1 � c N N � q N g q N N X N N q01 q ZO b, V N p N N p. y m C yA GSG g'm WF�$ �mm ONo WtW m� N Ilyl a' pyo. m gN N am N « "a"" q N O N «« N N« i a m A 91989 H w off" S. n�i a z N M q N« N qG. « N N y y O O V WW W V �0 NN M N NN N q q« a NN N N N+ I V + J Oo Oo fat N M NNNNNN Mp N N MMpM�pN� \ • a &W Ol N N O• ~ Y m I' $ $ ins$$' $ $ $ m N $N 3 pN N NNNN pNp NN N yNy Nq N A + + 0 CR 0 CR 0 1 q N N«NNggN qqq IN«I N MM 77�n � qV C p� p�qmq pmp pOp jNj�� NLN tO NAN N O S 0 0 0 ' b' N W W m W O N q N N NN «N + pp mm V W d 41 + N N +�T A N A A�i p{� {A�fJ p� V V Ma 21r. q « «««N N M N N M q N""a y 9� 13 +S fWil � �Omp V W Jyr 4(Op N O 0000 O' aN N ' p S N m m S S a g O $ S $ $ N q « N N N N s $ o $ « N N q q J W W r Na r O O N N N s e- Page 19 of 202 Page 20 of 202 Oak Park Heights Request for Council Action Meeting Date February 13th,2018 Time Required: 5 Minutes Agenda Item Title: Small Cellular Wireless F ilities Agenda Placement Old Businessz'11-///'1,-7 Originating Department/Reque Johnso., C Ai dministrator Requester's Signature Action Requested Discussi Possible Action Please see the enclosed memo and related documents from Scott Richards, City Planner. At this time the City Council is being asked to perform the following if it desires to adopt the related ordinances for Small Cellular Wireless Facilities: 1. ADOPT THE ENCLOSED ORDINANCE—FOUND IN EXHIBIT 1 -AMENDING ORDINANCE 704 RELATING TO THE ADMINSTRATION AND REGULATION OF PUBLIC RIGHTS-OF-WAY AND SECTION 401.15 P,ANTENNAS,AND SECTION 401.02.13, DEFINITIONS OF THE ZONING ORDINANCE TO REGULATE SMALL CELL WIRELESS FACILITIES. 2. ADOPT CITY COUNCIL RESOLUTION-FOUND IN EXHIBIT 7-RELATING TO THE COLOCATION AND LEASE AGREEMENT Page 21 of 202 3601 Thurston Avenue N, Suite 100 Anoka, MN 55303 Prone: 763.231.5840 Facsimile: 763.427.0520 TPCTPOPPlanningCo.com MEMORANDUM TO: Eric Johnson FROM: Scott Richards DATE: February 8, 2018 RE: Oak Park Heights— Small Cell Wireless Facilities— City Council TPC FILE: 236.01 — 17.03 BACKGROUND As you are aware, a law was enacted during the 2017 legislative session that would allow small cell wireless equipment to be placed on City owned infrastructure in the public right of way. As introduced, the bill would have allowed wireless companies unregulated access to the public right of way, but the League of Minnesota Cities strongly opposed the bill and negotiated new language to maintain some local control. The City Council, at their September 26, 2017 meeting, discussed a work program to address the small cell wireless issue and authorized staff and the Planning Commission to move forward with changes to the City Code, including the Zoning Ordinance. The Planning Commission, reviewed the regulations and required changes at their October 11, 2017, November 9, 2017 meetings. A public hearing was scheduled for the December 14, 2017 Planning Commission meeting that was continued to the January 11, 2018 meeting. The Planning Commission made a recommendation on the following at the January 11, 2018 meeting: 1. Amendments to Ordinance 704, Administration and Regulation of Public Rights of way to include allowances and restrictions on small cell wireless facilities. 2. Amendments to Section 401.15 P Antennas and Section 401.02 B Definitions to add process for antenna applications. 3. Adoption of a Small Wireless Facility Colocation and Lease Agreement and a Small Wireless Facility Permit. Staff has worked with Dan Burns of Eckberg Lammers in drafting the regulations. Mr. Burns suggesting using the Small Wireless Facility Colocation and Lease Agreement as a way of negotiating locations and siting of small wireless facilities. Cell Techn.Council Packetl of 81 Page 22 of 202 The Planning Commission, discussed the process for small cell applications. It was recommended that the Conditional Use Permit (CUP) process not be used for small cell applications in residential districts, but the City notifies the neighborhood and a hearing is conducted by the Planning Commission. The Planning Commission will then make a recommendation to the City Council. The drafts attached here reflect that process. Attached for Reference: Exhibit 1: Recommended Amending Ordinance - Regulation of Public Rights of Way, Ordinance 704 - City Code. Exhibit 2: Small Wireless Facility Colocation and Lease Agreement. Exhibit 3: Small Wireless Facility Permit Application. Exhibit 4: Recommended Revisions to 401.02.6 Definitions and 401.15.P Antennas of the Zoning Ordinance—With Changes Highlighted. Exhibit 5: Recommended Revisions to Ordinance 704—With Changes Highlighted. Exhibit 6: Planning Commission Resolution recommending the Ordinance, Colocation and Lease Agreement and Permit Application. Exhibit 7: City Council Resolution adopting the Colocation and Lease Agreement and Permit Application. CONCLUSION The City Council should review the recommended documents attached and approve the Ordinance, Colocation and Lease Agreement and Permit Application. 2 Cell Techn.Council Packet2 of 81 Page 23 of 202 CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA ORDINANCE NO. 2018- AN ORDINANCE AMENDING ORDINANCE 704 RELATING TO THE ADMINSTRATION AND REGULATION OF PUBLIC RIGHTS-OF-WAY AND SECTION 401.15 P, ANTENNAS, AND SECTION 401.02.B, DEFINITIONS OF THE ZONING ORDINANCE TO REGULATE SMALL CELL WIRELESS FACILITIES THE CITY COUNCIL OF OAK PARK HEIGHTS ORDAINS: SECTION 1. Ordinance 704 of the Oak Park Heights Code of Ordinances (hereafter "this ordinance") is hereby repealed in its entirety,and is replaced by the following,to read as follows: Sec. 704.01. Findings,Purpose, and Intent. This ordinance shall be interpreted consistently with 1997 Session Laws, Chapter 123, substantially codified in Minnesota Statutes Sections 237.16,237.162, 237.163, 237.79,237.81, and 238.086, as amended, (the"Act") and the other laws governing applicable rights of the City and users of the right-of- way. This ordinance shall also be interpreted consistent with Minnesota Rules 7819.0050—7819.9950 and Minnesota Rules 7560 where possible. To the extent any provision of this ordinance cannot be interpreted consistently with the Minnesota Rules, the interpretation most consistent with the full delegation of statutory and common law police power is intended. Sec. 704.02. Election to Manage the Public Rights-of-Way Pursuant to the authority granted to the City under state and federal statutory, administrative and common law, the City elects and has previously elected pursuant Minnesota Statutes, section 237.163 subd. 2(b),to manage rights-of-way within its jurisdiction. Sec. 704.03. Definitions. The following words,terms and phrases,when used in this ordinance, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Abandoned Facility means a facility no longer in service or physically disconnected from a portion of the operating facility, or from any other facility, that is in use or still carries service.A facility is not abandoned unless declared so by the right-of-way user. A facility is not abandoned unless declared so by the right-of-way user, or the user fails to respond within 30 days of the City requesting the status of the facility. Applicant means any person requesting permission to excavate or obstruct a right-of-way. Cell Techn.Council Packet3 of 81 Page 24 of 202 City means the City of Oak Park Heights,Minnesota. For purposes of this ordinance,the term"City"means its elected officials, officers, employees and agents. City Engineer means the City Engineer,or her or his designee. Collocate or collocation means to install,mount,maintain,modify, operate, or replace a small wireless facility on,under, within, or adjacent to an existing wireless support structure that is owned privately or by a local government unit. Commission means the State Public Utilities Commission. Congested Right-of-Way means a crowded condition in the subsurface of the public right-of- way that occurs when the maximum lateral spacing between existing underground facilities does not allow for construction of new underground facilities without using hand digging to expose the existing lateral facilities in conformance with Minnesota Statutes, section Section 216D.04. Subdivision 3, over a continuous length in excess of 500 feet. Construction Performance Bond means a performance bond, or other form of security posted to ensure the availability of sufficient funds to assure that right-of-way excavation and obstruction work is completed in accordance with the terms of the right-of-way permit, or other applicable state law or local regulation. Degradation means a decrease in the useful life of the right-of-way caused by excavation in or disturbance of the right-of-way,resulting in the need to reconstruct such right-of-way earlier than would be required if the excavation or disturbance did not occur. Degradation Cost subject to Minnesota Rules 7819.1100 means the cost to achieve a level of restoration, as determined by the city at the time the permit is issued,not to exceed the maximum restoration shown in plates 1 to 13, set forth in Minnesota Rules parts 7819.9900 to 7819.9950. Degradation Fee means the estimated fee established at the time of permitting by the city to recover costs associated with the decrease in the useful life of the right-of-way caused by the excavation, and which equals the degradation cost. Delay Penalty means the penalty imposed as a result of unreasonable delays in right-of-way construction. Department means the department of public works of the City Department Inspector means any person authorized by the director to carry out inspections related to the provisions of this ordinance. Developer means any person or entity seeking to develop vacant or occupied land for commercial,business or residential purposes by subdivision,re-development,platting, or reconstruction of existing improvements in whole or part. Director means the City Administrator or his or her designee. Emergency means a condition that poses a clear and immediate danger to life or health, or of 2 Cell Techn.Council Packet4 of 81 Page 25 of 202 a significant loss or damage to property, or requires immediate repair or replacement of facilities in order to restore service to a customer. Equipment means any tangible asset used to install,repair, or maintain facilities in any right-of-way. Excavate means to dig into or in any way remove or physically disturb or penetrate any part of a right-of-way. Excavation permit means the permit which,pursuant to this ordinance,must be obtained before a person may excavate in a right-of-way. An excavation permit allows the holder to excavate that part of the right-of-way described in such permit. Excavation permit fee means money paid to the City by an applicant to cover the costs as provided by ordinance or building code. Facility means any tangible asset in the right-of-way required to provide service. Five year project plan shows projects adopted by the city for construction within the next five years. Local Representative means a local person, or designee of such person, authorized by a registrant to accept service and to make decisions for that registrant regarding all matters within the scope of this ordinance. Management Costs means the actual costs the city incurs in managing its rights-of-way, including,but not limited to, such costs as those associated with registering applicants; issuing,processing, and verifying right-of-way permit applications; inspecting job sites and restoration projects; maintaining, supporting,protecting, or moving user facilities during right-of-way work; determining the adequacy of right-of-way restoration; restoring work inadequately performed after providing notice and the opportunity to correct the work; and revoking right-of-way permits. Management costs do not include payment by a telecommunications right-of-way user for the use of the right-of-way, the fees and cost of litigation relating to the interpretation of Minnesota Session Laws 1997, Chapter 123; Minnesota Statutes Sections 237.162 or 237.163; or any ordinance enacted under those sections, or the city fees and costs related to appeals taken pursuant to section 704.31 of this ordinance. Micro wireless facility means a small wireless facility that is no longer than twenty-four (24)inches long, fifteen(15)inches wide, and twelve(12)inches high, and whose exterior antenna,if any, is no longer than eleven(11) inches. Obstruct means to place any tangible object in a right-of-way so as to hinder free and open passage over that or any part of the right-of-way. Obstruction Permit means the permit which,pursuant to this ordinance,must be obtained before a person may obstruct a right-of-way, allowing the holder to hinder free and open passage over the specified portion of that right-of-way by placing equipment described therein on the right-of-way for the duration specified therein. 3 Cell Techn.Council Packets of 81 Page 26 of 202 Obstruction Permit Fee means money paid to the City by a permittee to cover the city's management costs. Patch or Patching means a method of pavement replacement that is temporary in nature. A patch consists of the compaction of the sub base and aggregate base, and the replacement, in kind, of the existing pavement for a minimum of two feet beyond the edges of the excavation in all directions. A patch is considered full restoration only when the pavement is included in the City's five-year project plan. Permit has the meaning given"right-of-way permit" in Minnesota Statutes, Section 237.162. Permittee means any person to whom a permit to excavate or obstruct a right-of-way has been granted by the City under this ordinance. Person means any natural person or corporation,business association or other business entity including,but not limited to, a partnership, a sole successor or assign of any of the foregoing,or any other legal entity. Probation means the status of a person that has not complied with the conditions of this ordinance. Probationary Period means one year from the date that a person has been notified in writing that they have been put on probation. PUC means the state public utilities commission. Registrant means any person who has or seeks to have its equipment or facilities located in any right-of-way, or in any way occupies or uses, or seeks to occupy or use, the right-of- way or place its facilities in the right-of-way. Restoration Cost means the amount of money paid to the City by a permittee to achieve the level of restoration as required by the City. Restore or Restoration means the process by which a right-of-way is returned to the same condition and life expectancy that existed before excavation. Right-of-way means the area on,below, or above a public roadway,highway, street, cartway,bicycle lane or public sidewalk in which the city has an interest, including other dedicated rights-of-way for travel purposes and utility easements of the city. A right-of-way does not include the airwaves above a right-of-way with regard to cellular or other non-wire telecommunications or broadcast service. Right-of-Way Permit means either the excavation permit, obstruction permit, small-wireless- facilities permit, conditional/special use permit, or any combination thereof, depending on the context,required by this ordinance. Right-of-Way User means(1) a telecommunications right-of-way user as defined by Minnesota Statutes, section 237.162, subd. 4; or(2) a person owning or controlling a facility in the right-of-way that is used or intended to be used for providing a service, and who has a 4 Cell Techn.Council Packet6 of 81 Page 27 of 202 right under law, franchise, or ordinance to use the public right-of-way. Service means and includes(1)those services provided by a public utility as defined in Minn. Stats. 216B.02, subds. 4 and 6; (2) services of a telecommunications right-of-way user, including transporting of voice or data information; (3) services of a cable communications system as defined in Minn. Stats. Chapter. 238.02, subd. 3; (4)natural gas or electric energy or telecommunications services provided by the City; (5) services provided by a cooperative electric association organized under Minn. Stats., Chapter 308A; and/or(6)water, and sewer, including service laterals, steam, cooling or heating services. Service Lateral means an underground facility that is used to transmit,distribute, or furnish gas, electricity, communications, or water from a common source to an end-use customer. The term "service lateral" also means an underground facility that is used in the removal of wastewater from a customer's premises. Small wireless facility means a wireless facility that meets both of the following qualifications: (1) each antenna is located inside an enclosure of no more than six cubic feet in volume or could fit within such an enclosure; and(2)all other wireless equipment associated with the small wireless facility provided such equipment is, in aggregate,no more than twenty-eight(28)cubic feet in volume,not including electric meters, concealment elements,telecommunications demarcation boxes,battery backup power systems, grounding equipment,power transfer switches, cutoff switches, cable conduit, vertical cable runs for the connection of power and other services, and any equipment concealed from public view within or behind an existing structure or concealment. Small-wireless facility permit means the permit which,pursuant to this article,must be obtained before a person may install,place,maintain, or operate a small wireless facility in a public right of way to provide wireless service. A small-wireless-facility permit allows the holder to conduct such activities in that part of the right-of-way described in such permit. A small-wireless-facility permit does not authorize(1)providing any service other than a wireless service, or(2)installation,placement,maintenance, or operation of a wireline backhaul facility in the right of way. Small-Wireless-Facility Permit Fee means money paid to the city by a permittee to cover management costs, and city engineering,make-ready, and construction costs associated with the installation of small wireless facilities. Supplementary Application means an application made to excavate or obstruct more of the right-of-way than allowed in, or to extend or supply additional information to, a permit that had already been submitted or issued. Telecommunication Right-of-Way User means a person owning or controlling a facility in the right-of-way or seeking to own or control a Facility in the right-of-way, which is used or is intended to be used for transporting telecommunication or other voice or data information. For purposes of this Section, a cable communication system defined and regulated under Minn. Stat. Chap. 238, and telecommunication activities related to providing natural gas or electric energy services whether provided by a public utility as defined in Minn. Stats. Sec. 216B.02, a municipality, a municipal gas or power agency organized under Minn. Stat. Chaps. 453 and 453A, or a cooperative electric association organized under Minn. Stats. Chap. 308A, are not telecommunications right-of-way users 5 Cell Techn.Council Packet7 of 81 Page 28 of 202 for purposes of this ordinance except to the extent such entity is offering wireless service. Unusable Facilities means facilities in the right-of-way which have remained unused for one year and for which the registrant is unable to provide proof that it has either a plan to begin using the facilities within the next 12 months or has a potential purchase or user of the facilities. Utility Permit means the permit which,pursuant to this section,must be obtained before a person may excavate in a right of way. A utility permit allows the holder to excavate that part of the right-of-way described in such permit. Wireless facility means equipment at a fixed location that enables the provision of wireless services between user equipment and a wireless service network, including equipment associated with wireless service, a radio transceiver, antenna, coaxial or fiber-optic cable, regular and backup power supplies, and a small wireless facility,but not including wireless support structures,wireline backhaul facilities, or cables between utility poles or wireless support structures, that are not otherwise immediately adjacent to and directly associated with a specific antenna. Wireless service means any service using licensed or unlicensed wireless spectrum, including the use of Wi-Fi,whether at a fixed location or by means of a mobile device,that is provided using wireless facilities. Wireless service does not include services regulated under Title VI of the Communications Act of 1934, as amended, including cable service. Wireless Support Structure means a new or existing structure in a public right of way designed to support or capable of supporting small wireless facilities, as reasonably determined by a local government unit. Wireless Telecommunication Facility means a tangible asset used to provide wireless telecommunication or data services, including all antennas, support devices, equipment including ground equipment, associated cables and attachments. Wireline backhaul facility means a facility used to transport communications data by wire from a wireless facility to a communications network. Sec. 704.04. Administration The City Administrator is the principal city official responsible for the administration of the rights-of-way,right-of-way permits, and the ordinances related thereto. The City Administrator may delegate any or all of the duties hereunder. Sec. 704.05. Permit Requirement. (a)Permit Required. Except as otherwise provided in this Code,no person may obstruct or excavate any right-of-way without first having obtained the appropriate right-of-way permit from the director to do so. (1)Excavation Permit. An excavation permit is required by a registrant to excavate that part of the right-of-way described in such permit and to hinder free and open passage over the specified portion 6 Cell Techn.Council Packet8 of 81 Page 29 of 202 of the right-of-way by placing facilities described therein, to the extent and for the duration specified therein. (2) Obstruction Permit. An obstruction permit is required by a registrant to hinder free and open passage over the specified portion of right-of-way by placing equipment described therein on the right-of-way,to the extent and for the duration specified therein. An obstruction permit is not required if a person already possesses a valid excavation permit for the same project. (3)Overhead Facilities. Permits for installation, repair or other work on above-ground facilities within the meaning of Minn. Stat. Section 237.163, sudb. 6(b)(4)will be obstruction permits, notwithstanding the need for excavation,provided the excavation is augured or hand dug for the purpose of placing a pole type structure. (4) Small wireless facility permit.A small-wireless-facility permit is required by a registrant to erect or install a wireless support structure, to collocate a small wireless facility, or to otherwise install a small wireless facility in the specified portion or the right-of-way,to the extent specified therein, provided that such permit shall remain in effect for the length of time the facility is in use,unless lawfully revoked.No small-wireless-facility permit is required to solely conduct(1)routine maintenance of a small wireless facility; (2)replacement of a small wireless facility with a new facility that is substantially similar or smaller in size,weight,height, and wind or structural loading than the small wireless facility being replaced; or(3)installation,placement,maintenance, operation, or replacement of micro wireless facilities that are suspended on cables strung between existing utility poles in compliance with national safety codes, however, a service provider is required to make written notice of such activities to the city if the work will obstruct a public right of way. (5)Approval in Residential Districts. Small wireless facilities including micro wireless facilities and wireless support structures located in residential districts shall require a public hearing, recommendation of the Planning Commission and review by the City Council as specified in Article 401.15.P.3 of this Code. (b) Permit Extensions. No person may excavate or obstruct the right-of-way beyond the date or dates specified in the permit unless such person makes a supplementary application for another right-of-way permit before the expiration of the initial permit, and a new permit or permit extension is granted. (c)Delay Penalty. Notwithstanding subsection(b)of this section,the City shall establish and impose a delay penalty for unreasonable delays in right-of-way excavation, obstruction,patching, or restoration. The delay penalty shall be established from time to time by City Council resolution. (d) Permit Display. Permits issued under this ordinance shall be conspicuously displayed or otherwise available at all times at the indicated work site and shall be available for inspection by the director or his designee. Sec. 704.06. Permit Applications. Application for a permit is made to the city. The City requires a digital image file(pdf,jpg.etc.) and three hard copies of the plan for the permit. Right-of-way permit applications shall contain, and will be considered complete only upon compliance with,the requirements of the following provisions: (a)Registration with the city pursuant to this ordinance; Cell Techn.Council Packet9 of 81 Page 30 of 202 (b) Submission of a completed permit application form, including all required attachments, and scaled drawings showing the location and area of the proposed project and the location of all known existing and proposed facilities. (c)Payment of money due the city for: (1)permit fees, estimated restoration costs and other management costs; (2)prior obstructions or excavations; (3) any undisputed loss, damage, or expense suffered by the city because of applicant's prior excavations or obstructions of the rights-of-way or any emergency actions taken by the city; (4)franchise fees or other charges, if applicable. (d)Payment of disputed amounts due the city by posting security or depositing in an escrow account an amount equal to at least 110%of the amount owing. (e)Posting an additional or larger construction performance bond for additional facilities when applicant requests an excavation permit to install additional facilities and the city deems the existing construction performance bond inadequate under applicable standards. Sec. 704.07. Undergrounding. Subd. 1. Purpose. The purpose of this section is to promote the health, safety and general welfare of the public and is intended to foster(i) safe travel over the right-of-way, (ii)non-travel related safety around homes and buildings where overhead feeds are connected and(iii)orderly development in the City consistent with its Comprehensive Plan, City Design Guidelines and City Council policies as adopted from time to time. Location and relocation, installation and reinstallation of Facilities in the right-of-way or in or on other public ground must be made in accordance with this section and is intended to be enforced consistently with state and federal law regulating right-of-way users,to the fullest extent of the City's statutory and common law authority. Subd.2. Undergrounding of Facilities. All Facilities newly installed, constructed or otherwise placed in the public right-of-way or in other public property held in common for public use must be located and maintained underground pursuant to the terms and conditions of this section and in accordance with applicable construction standards, subject to the exceptions below. Above-ground installation, construction, modification, or replacement of existing meters, gauges,transformers, street lighting,pad mount switches, capacitor banks,re-closers and service connection pedestals shall be allowed. These requirements shall apply equally outside of the corporate limits of the City coincident with City jurisdiction of platting, subdivision regulation or comprehensive planning as may now or in the future be allowed by law. Subd.3. Undergrounding of Permanent Replacement,Relocated or Reconstructed Facilities. If the City fords that one or more of the purposes set forth in Section 704.07, subd., 1 would be promoted,the City may require a permanent replacement,relocation or reconstruction of a Facility to be located, and maintained underground,with due regard for seasonal working conditions. For purposes of this subdivision,reconstruction means any substantial repair or relocation of or any improvement to existing Facilities. Undergrounding may be required whether a replacement,relocation or reconstruction 8 Cell Techn.Council Packet10 of 81 Page 31 of 202 is initiated by the right-of-way user owning or operating the Facilities, or by the City in connection with (1)the present or future use by the City or other local government unit of the right-of-way or other public ground for a public project, (2)the public health or safety, or(3)the safety and convenience of travel over the right-of-way. Subject to Subdivision 4 below, all relocations from previously placed underground facilities shall be to another underground location. Subd.4. Exceptions to Undergrounding. The following exceptions to the strict application of this Subdivision shall be allowed upon the conditions stated: A. Technical/Economic Feasibility; Promotion of Policy. Above-ground installation, construction, or placement of Facilities shall be allowed in residential, commercial and industrial areas where the council, following consideration and recommendation by the planning commission, finds that: 1. Underground placement would place an undue financial burden upon the landowner or City ratepayers or would substantially deprive the landowner of the preservation and enjoyment of substantial property rights; or, 2. Underground placement is demonstrated to be not technically feasible due to topographical, subsoil or other existing conditions which adversely affect underground Facilities placement; or, 3. Failure to promote the purposes of undergrounding. The right-of-way user clearly and convincingly demonstrates that none of the purposes under Section 704.07 would be advanced by underground placement of Facilities on the project in question, or the City determines on its own review that undergrounding is not warranted based on the circumstances of the proposed undergrounding. B. Temporary Service. Above-ground installation, construction, or placement of temporary service lines shall only be allowed: 1. During new construction of any project for a period not to exceed three(3)months; 2. During an emergency in order to safeguard lives or property within the City; 3. For a period of not more than seven(7)months when soil conditions make excavation impractical. C. Facilities Subject to Minnesota Statutes, Sections 21613.243 and chapter216E. Facilities that are subject to certificate of need and siting and routing requirements of the Minnesota Public Utilities Commission are exempted from this section to the extent that the City's undergrounding authority is preempted by law. Subd. 5. Developer Responsibility. All owners of land, applicants seeking to plat real property, or developers seeking to develop and build upon land within the City are responsible for complying with the requirements of this Subdivision, and prior to final approval of any plat or development plan, shall submit to the Director written instruments from the appropriate right-of-way users showing that all necessary arrangements with said users for underground installation of such Facilities have been made. 9 Cell Techn.Council Packed l of 81 Page 32 of 202 Sec. 704.08. Registration and Right-of-Way Occupancy. (a) Registration. Each person who occupies,uses, or seeks to occupy or use the right-of- way or place any equipment or facilities in or on the right-of-way, including persons with installation and maintenance responsibilities by lease, sublease or assignment,must register with the director. Registration will consist of providing application information and paying a registration fee. (b) Registration prior to work. No person may construct, install,repair,remove,relocate, or perform any other work on, or use any facilities or any part thereof in any right-of-way without first being registered with the director. (c) Exceptions. Nothing herein shall be construed to repeal or amend the provisions of a City ordinance permitting persons to plant or maintain boulevard plantings or gardens in the area of the right-of-way between their property and the street curb. Persons planting or maintaining boulevard plantings or gardens shall not be deemed to use or occupy the right-of-way and shall not be required to obtain any permits under this ordinance or satisfy any other requirements for planting or maintaining such boulevard plantings or gardens under this ordinance. However,nothing herein relieves a person from complying with the provisions of the Minn. Stat. Chap. 216D, Gopher One Call Law, or other provisions of City Code. Sec. 704.09. Registration Information. (a) Information required. The information provided to the director at the time of registration shall include, but not be limited to: (1) Each registrant's name, Gopher One Call registration certificate number, address and e-mail address, if applicable, and telephone and facsimile numbers. (2)The name, address and e-mail address, if applicable, and telephone and facsimile numbers of a local representative. The local representative or designee shall be available at all times. Current information regarding how to contact the local representative in an emergency shall be provided at the time of registration. (3)A certificate of insurance or self-insurance: a. Verifying that an insurance policy has been issued to the registrant by an insurance company licensed to do business in the State of Minnesota, or a form of self- insurance acceptable to the director; b. Verifying that the registrant is insured against claims for personal injury, including death, as well as claims for property damage arising out of the use and occupancy of the right-of-way by the registrant, its officers, agents, employees and permittees, and placement and use of facilities and equipment in the right-of-way by the registrant, its officers, agents, employees and permittees, including,but not limited to, protection against liability arising from completed operations, damage of underground facilities and collapse of property; io Cell Techn.Council Packet12 of 81 Page 33 of 202 c.Naming the City as an additional insured as to whom the coverages required herein are in force and applicable and for whom defense will be provided as to all such coverages; d. Requiring that the director be notified 30 days in advance of cancellation of the policy or material modification of a coverage term; e. Indicating comprehensive liability coverage, automobile liability coverage,workers compensation and umbrella coverage established by the director in amounts sufficient to protect the City and the public and to carry out the purposes and policies of this ordinance. (4)The City may require a copy of the insurance policies. (5)If the person is a corporation, a copy of the certificate of corporation that has been recorded and certified to by the secretary of state pursuant to state statutes. (6)A copy of the person's order granting a certificate of authority from the state public utilities commission or other applicable state or federal agency,where the person is lawfully required to have such certificate from said commission or other state or federal agency. (b) Notice of changes. The registrant shall keep all of the information listed in subsection (a) of this section current at all times by providing to the director information as to changes within 15 days following the date on which the registrant has knowledge of any change. See. 704.10. Reporting Obligations. (a) Operations. (1) Each registrant shall, at the time of registration and by December 1 of each year, file a construction and major maintenance plan for underground facilities with the director. Such plan shall be submitted using a format designated by the director and shall contain the information determined by the director to be necessary to facilitate the coordination and reduction in the frequency of excavations and obstructions of rights-of-way. (2) The plan shall include,but not be limited to,the following information: a. The locations and the estimated beginning and ending dates of all projects to be commenced during the next calendar year(in this section,a"next-year project"); and b. To the extent known,the tentative locations and estimated beginning and ending dates for all projects contemplated for the five years following the next calendar year(in this section, a"five-year project"). The term "project" in this section shall include both next-year projects and five- 11 Cell Techn.Council Packet13 of 81 Page 34 of 202 year projects. By January 1 of each year the director will have available for inspection in the director's office a composite list of all projects of which the director has been informed in the annual plans. All registrants are responsible for keeping themselves informed of the current status of this list. Thereafter, by February 1, each registrant may change any project in its list of next-year projects, and must notify the director and all other registrants of all such changes in said list. Notwithstanding the foregoing, a registrant may, at any time, join in a next-year project of another registrant listed by the other registrant. (b) Additional next-year projects. Notwithstanding the foregoing, the director will not deny an application for a right-of-way permit for failure to include a project in a plan submitted to the City if the registrant has used commercially reasonable efforts to anticipate and plan for the project. Sec. 704.11. Issuance of Permit; Conditions. Subd. 1. Permit Issuance. If the applicant has satisfied the requirements of this ordinance,the city shall issue: (a) an excavation or obstruction permit within five(5)business days. (b) a Small Wireless Facilities permit within ninety(90) days. Subd. 2. Conditions. The city may impose reasonable conditions upon the issuance of the permit and the performance of the applicant thereunder to protect the health, safety and welfare or when necessary to protect the right-of-way and its current use. In addition, a permitee shall comply with all requirements of local, state, and federal laws, including but not limited to Minn. Stat. §§216D.01-.09(Gopher One Call Excavation Notice System) and Minn. R., ch. 7560. Subd.3.Small wireless facility conditions. In addition to subd. (2),the erection or installation of a wireless support structure,the collocation of a small wireless facility, or other installation of a small wireless facility in the right-of-way, shall be subject to the following conditions: (a)A small wireless facility shall only be collocated on the particular wireless support structure,under those attachment specifications, and at the height indicated in the applicable permit application. (b)No new wireless support structure installed within the right-of-way shall exceed fifty(50) feet in height without the city's written authorization,provided that the city may impose a lower height limit in the applicable permit to protect the public health, safety and welfare or to protect the right-of-way and its current use, and further provided that a registrant may replace an existing wireless support structure exceeding fifty(50)feet in height with a structure of the same height subject to such conditions or requirements as may be imposed in the applicable permit. (c)No wireless facility may extend more than ten(10) feet above its wireless support structure. (d)Where an applicant proposes to install a new wireless support structure in the right-of-way, the city may impose separation requirements between such structure and existing wireless support structure or 12 Cell Techn.Council Packet14 of 81 Page 35 of 202 other facilities in and around the right-of-way. (e)Where an applicant proposes collocation on a decorative wireless support structure, sign or other structure not intended to support small wireless facilities,the city may impose reasonable requirements to accommodate the particular design, appearance or intended purpose of such structure. (f)Where an applicant proposes to replace a wireless support structure,the city may impose reasonable restocking, replacement or relocation requirements on the replacement of such structure. Subd.4.Small wireless facility agreement. A small wireless facility permit shall only be issued after the applicant has executed a standard small wireless facility collocation and lease agreement with the city. The standard collocation agreement may require payment of the following: (a)Up to $150 per year for rent to collocate on the city structure; (b) $25 per year for maintenance associated with the collocation; (c) If the provider obtains electrical service through the city, a monthly fee for electrical service as follows: (1) $73 per radio node less than or equal to 100 maximum watts; (2) $182 per radio node over 100 maximum watts; or (3)the actual costs of electricity, if the actual cost exceed the foregoing. The standard collocation agreement shall be in addition to, and no in lieu of,the required small wireless facility permit provided,however, that the applicant shall not be additionally required to obtain a license or franchise in order to collocate. Issuance of a small wireless facility permit does not supersede, alter,or affect any then-existing agreement between the city and applicant. Sec. 704.12. Action on Small-Wireless-Facility Permit Applications Subd. 1.Deadline for action. The city shall approve or deny a small wireless facility permit application within ninety(90)days after filing of such application. The small wireless facility permit, and any associated building permit application, shall be deemed approved if the city fails to approve or deny the application within the review periods established in this section. Subd.2. Consolidated applications. An applicant may file a consolidated small wireless facility permit application addressing the proposed collocation of up to fifteen(15)small wireless facilities, or a greater number if agreed to by a local government unit,provided that all small wireless facilities in the application: (a)are located within a two-mile radius; (b)consist of substantially similar equipment; and (c) are to be placed on similar types of wireless support structures. 13 Cell Techn.Council Packet15 of 81 Page 36 of 202 In rendering a decision on a consolidated permit application, the city may approve some small wireless facilities and deny others but may not use denial of one or more permits as a basis to deny all small wireless facilities in the application. Subd. 3. Tolling of Deadline. The 90-day deadline for action on a small wireless facility permit application may be tolled if: (a)The city receives applications from one or more applicants seeking approval of permits for more than thirty(30) small wireless facilities within a seven(7) day period. In such cases, the city may extend the deadline for all such applications by thirty(30)days by informing the affected applicants in writing of such extension. (b)The applicant fails to submit all required documents or information and the city provides written notice of incompleteness, with specificity as to the missing information,to the applicant within thirty (30) days of receipt of the application. Upon submission of additional documents or information,the city shall have ten(10)days to notify the applicant in writing of any still-missing information. (c)The city and small wireless facility applicant agree in writing to toll the review period. Sec. 704.13. Permit Fees. [Note: Sample fee schedules included in the appendix; also note that Minn. Rule 7819.1000 establishes requirements for establishing fees.] Subd. 1. Excavation Permit Fee. The city shall establish an Excavation permit fee in an amount sufficient to recover the following costs: (a)the city management costs; (b)degradation costs, if applicable. (c) escrow fee to secure the payment of City"out of pocket"expenses. Subd. 2. Obstruction Permit Fee. The city shall establish the obstruction permit fee and shall be in an amount sufficient to recover the city management costs. i Subd.3.Small wireless facility permit fee. The city shall impose a small wireless facility permit fee in an amount sufficient to recover: (a)management costs, and; (b)city engineering,make-ready, and construction costs associated with collocation of small wireless facilities. Subd.4. Payment of Permit Fees. No excavation permit, obstruction permit, or small wireless facility permit, shall be issued without payment of corresponding permit fees. The city may allow applicant to pay such fees within thirty(30)days of billing. Subd.5. Non-Re ,fundable. Permit fees that were paid for a permit that the city has revoked for a breach as stated in Section 704.23 are not refundable. Subd. 6. Application to Franchises. Unless otherwise agreed to in a franchise,management costs may 14 Cell Techn.Council Packets 6 of 81 Page 37 of 202 be charged separately from and in addition to the franchise fees imposed on a right-of-way user in the franchise. Subd_ 7_ FA9 Amounts All fee amounts are located in the City's Master Fee Schedule, Ordinance 102. Sec. 704.14. Right-of-Way Patching and Restoration. Subd. 1. Timing. The work to be done under the excavation permit, and the patching and restoration of the right-of-way as required herein,must be completed within the dates specified in the permit, increased by as many days as work could not be done because of circumstances beyond the control of the permittee or when work was prohibited as unseasonal or unreasonable under Section 704.17. Subd.2. Patch and Restoration. Permittee shall hatch its own work_ The city may chnnse either to have the permittee restore the right-of-way or to restore the right-of-way itself. (a) City Restoration. If the city elects to restore$the right-of-way,permittee shall make the restoration and pay the costs thereof within thirty(30)days of billing. If, following such restoration,the pavement settles due to permittee's improper backfilling, the permittee shall pay to the city,within thirty(30)days of billing, all costs associated with correcting the defective work. (b)Permittee Restoration. If the permittee restores the right-of-way itself, it shall at the time of application for an excavation permit post a construction performance bond in accordance with the provisions of Minnesota Rule 7819.3000. (c)Degradation Fee In lieu of Restoration. In lieu of right-of-way restoration, a right-of-way user may elect to pay a degradation fee. However,the right-of-way user shall remain responsible for patching and the degradation fee shall not include the cost to accomplish these responsibilities. Subd. 3. Standards. The permittee shall perform excavation,backfilling,patching and restoration according to the standards and with the materials specified by the city and shall comply with Minnesota Rule 7819.1100. Subd.4. Duty to Correct Defects The pemiittee shall correct defects in patching or restoration performed by permittee or its agents. The permittee upon notification from the city, shall correct all restoration work to the extent necessary, using the method required by the city. Said work shall be completed within five(5) calendar days of the receipt of the notice from the city,not including days during which work cannot be done because of circumstances constituting force majeure or days when work is prohibited as unseasonable or unreasonable under Section 704.17. Subd. 5. Failure to Restore. If the permittee fails to restore the right-of-way in the manner and to the condition required by the city,or fails to satisfactorily and timely complete all restoration required by the city, the city at its option may do such work. In that event the permittee shall pay to the city, within thirty (30) days of billing,the cost of restoring the right-of-way. If permittee fails to pay as required,the city may exercise its rights under the construction performance bond. Subd 6. Installation of Tracer Wire. Utilities installed in the right-of-way shall be completely marked with a tracer wire placed directly above or in conjunction with the installed utility at the developer's expense. Burial depth shall be within 6 to 18 inches of final grade. In addition,the termination points where the utility crosses in,to and out of the right-of-way shall have buried pins or markers,both of 15 Cell Techn.Council Packet17 of 81 Page 38 of 202 which shall be detectable with a magnetic locator. At least one of these markers shall be a tracer wire access box with termination points for the tracer wire. A minimum of 12 inches of tracer wire shall be accessible above the termination box upon removal of the tracer wire access box cap. Tie points to permanent structures shall be submitted and GPS coordinates in the Washington County Coordinate system shall be supplied. Acceptable tracer wire and termination boxes shall be the following or equivalent as determined by the City. • Direct Burial#12 AWG Solid (.0808" diameter), steel core soft drawn high strength tracer wire, 380#average tensile break load, 30 mil high molecular weight-high density color coded polyethylene jacket complying with ASTM-D-1248, 30 volt rating. • Valvco cast iron head Tracer Wire Access box Access box shall be placed near final grade with no more than a layer of sod above the access cap. If water and sewer are in a common trench, a single tracer wire access box may be used above the water line with details on the tie card of the offset to the sewer pin and the sewer trace wire following the right of way border to the location pin for the sewer line. A written plan and sketch shall be submitted prior to installation identifying the location and mitigation measure that will be required. A deposit of$1000 shall be held by the City of Oak Park Heights until compliance with location requirements are met. Additional deposits will be required and held by the City of Oak Park Heights for any project which has the potential to impact City owned infrastructure. This includes any cuts or borings in,to, or under city streets,trails or storm drainage areas. This may, at the City's discretion, also be required when equipment will be traversing city infrastructure. A separate permit for utility tie-in and inspections is required for connections to existing City of Oak Park Heights utilities. All utility access charges must be current before a permit for connection will be issued. Complex connections involving items such as wet taps, looped lines, fire flow lines,new wyes, or shut off of services will incur additional costs. Sec. 704.15. Joint Applications. Subd. 1. Joint application. Registrants may jointly apply for permits to excavate or obstruct the right- of-way at the same place and time. Subd.2. Shared fees Registrants who apply for permits for the same obstruction or excavation,which the city does not perform,may share in the payment of the obstruction or excavation permit fee. In order to obtain a joint permit,registrants must agree among themselves as to the portion each will pay and indicate the same on their applications. Subd.3. With city projects. Registrants who join in a scheduled obstruction or excavation performed by the city,whether or not it is a joint application by two or more registrants or a single application, are not required to pay the excavation or obstruction and degradation portions of the permit fee,but a permit would still be required. Sec. 704.16. Supplementary Applications. Subd. 1. Limitation on Area. A right-of-way permit is valid only for the area of the right-of-way specified in the permit. No permittee may do any work outside the area specified in the permit, except as provided herein. Any permittee which determines that an area greater than that specified in the permit must be obstructed or excavated must before working in that greater area(i)make application for a 16 Cell Techn.Council Packetl8 of 81 Page 39 of 202 permit extension and pay any additional fees required thereby, and(ii)be granted a new permit or permit extension. Subd.2. Limitation on Dates. A right-of-way permit is valid only for the dates specified in the permit. No permittee may begin its work before the permit start date or, except as provided herein, continue working after the end date. If a permittee does not finish the work by the permit end date, it must apply for a new permit for the additional time it needs, and receive the new permit or an extension of the old permit before working after the end date of the previous permit. This supplementary application must be submitted before the permit end date. Sec. 704.17. Other Obligations. Subd. 1. Compliance With Other Laws. Obtaining a right-of-way permit does not relieve permittee of its duty to obtain all other necessary permits, licenses, and authority and to pay all fees required by the city or other applicable rule, law or regulation. A permittee shall comply with all requirements of local, state and federal laws, including but not limited to Minnesota Statutes, Section 216D.01-.09(Gopher One Call Excavation Notice System) and Minnesota Rules Chapter 7560. A permittee shall perform all work in conformance with all applicable codes and established rules and regulations, and is responsible for all work done in the right-of-way pursuant to its permit,regardless of who does the work. Subd. 2. Prohibited Work. Except in an emergency, and with the approval of the city, no right-of-way obstruction or excavation may be done when seasonally prohibited or when conditions are unreasonable for such work. Subd.3. Interference with Righ"f--Way. A permittee shall not so obstruct a right-of-way that the natural free and clear passage of water through the gutters or other waterways shall be interfered with. Private vehicles of those doing work in the right-of-way may not be parked within or next to a permit area,unless parked in conformance with city parking regulations. The loading or unloading of trucks must be done solely within the defined permit area unless specifically authorized by the permit. Subd.4. Trenchless Excavation. As a condition of all applicable permits,permittees employing trenchless excavation methods, including but not limited to Horizontal Directional Drilling, shall follow all requirements set forth in Minnesota Statutes, Chapter 216D and Minnesota Rules Chapter 7560, and shall require potholing or open cutting over existing underground utilities before excavating, as determined by the director. Sec. 704.18. Denial of Permit. Subd. 1.Reasons for Denial. The city may deny a permit for failure to meet the requirements and conditions of this ordinance or if the city determines that the denial is necessary to protect the health, safety, and welfare or when necessary to protect the right-of-way and its current use and future uses. The city may deny a permit if the utility has failed to comply with previous permit conditions. The city may withhold issuance of a permit until the applicant is in compliance with the conditions of a previous permit. Subd.2.Procedural Requirements. The denial of a right of way permit must be made in writing and must document the basis for the denial. The city must notify the applicant or right-of-way user in writing within three (3)business days of the decision to deny a permit. If an application is denied,the right-of- way user may cure the deficiencies identified by the city and resubmit its application. If the application is 1'7 Cell Techn.Council Packet19 of 81 Page 40 of 202 resubmitted within thirty(30)days of receipt of the notice of denial,no additional application fee shall be imposed. The city must approve or deny the resubmitted application within thirty(30)days after submission. Sec. 704.19. Installation Requirements. Subd. 1. General Installation Requirements. The excavation,backfilling,patching and restoration, and all other work performed in the right-of-way shall be done in conformance with Minnesota Rules 7819.1100 and 7819.5000 and other applicable local requirements, in so far as they are not inconsistent with the Minnesota Statutes, Sections 237.162 and 237.163. Installation of service laterals shall be performed in accordance with Minnesota Rules Chapter 7560 and these ordinances. Service lateral installation is further subject to those requirements and conditions set forth by the city in the applicable permits and/or agreements referenced in Section 704.24 subd. 2 of this ordinance. Sec. 704.20. Inspection. Subd. 1. Notice of Completion. When the work under any permit hereunder is completed,the permittee shall furnish a completion certificate in accordance Minnesota Rule 7819.1300. At the request of the Director,the permittee shall at their own expense provide a video-tape(televise) of all newly installed infrastructure. Subd.2. Site Insnection. Permittee shall make the work-site available to the city and to all others as authorized by law for inspection at all reasonable times during the execution of and upon completion of the work. Subd 3. Authority of Director. (a)At the time of inspection, the director may order the immediate cessation of any work which poses a serious threat to the life,health, safety or well-being of the public. (b) The director may issue an order to the permittee for any work that does not conform to the terms of the permit or other applicable standards, conditions, or codes. The order shall state that failure to correct the violation will be cause for revocation of the permit. Within ten(10)days after issuance of the order,the permittee shall present proof to the director that the violation has been corrected. If such proof has not been presented within the required time,the director may revoke the permit pursuant to Sec. 1.22. Sec. 704.21. Work Done Without a Permit. Subd. 1. Emergency Situations. Each registrant shall immediately notify the director of any event regarding its facilities that it considers to be an emergency. The registrant may proceed to take whatever actions are necessary to respond to the emergency. Excavators' notification to Gopher State One Call regarding an emergency situation does not fulfill this requirement. Within two(2)business days after the occurrence of the emergency,the registrant shall apply for the necessary permits,pay the fees associated therewith, and fulfill the rest of the requirements necessary to bring itself into compliance with this ordinance for the actions it took in response to the emergency. If the city becomes aware of an emergency regarding a registrant's facilities, the city will attempt to contact the local representative of each registrant affected, or potentially affected,by the emergency. In 18 Cell Techn.Council Packet20 of 81 Page 41 of 202 any event,the city may take whatever action it deems necessary to respond to the emergency, the cost of which shall be borne by the registrant whose facilities occasioned the emergency. Subd.2. Non Emergency Situations Except in an emergency, any person who,without first having obtained the necessary permit, obstructs or excavates a right-of-way must subsequently obtain a permit and, as a penalty,pay double the normal fee for said permit,pay double all the other fees required by the city code, deposit with the city the fees necessary to correct any damage to the right-of-way, and comply with all of the requirements of this ordinance. Sec. 704.22. Supplementary Notification. If the obstruction or excavation of the right-of-way begins later or ends sooner than the date given on the permit,permittee shall notify the city of the accurate information as soon as this information is known. Sec. 704.23. Revocation of Permits. Subd. 1. Substantial Breach. The city reserves its right, as provided herein,to revoke any right-of-way permit without a fee refund, if there is a substantial breach of the terms and conditions of any statute, ordinance, rule or regulation, or any material condition of the permit. A substantial breach by permittee shall include,but shall not be limited to, the following: (a)The violation of any material provision of the right-of-way permit; (b)An evasion or attempt to evade any material provision of the right-of-way permit, or the perpetration or attempt to perpetrate any fraud or deceit upon the city or its citizens; (c)Any material misrepresentation of fact in the application for a right-of-way permit; (d)The failure to complete the work in a timely manner,unless a permit extension is obtained or unless the failure to complete work is due to reasons beyond the permittee's control; or (e)The failure to correct, in a timely manner,work that does not conform to a condition indicated on an order issued pursuant to Sec. 1.19. Subd.2. Written Notice of Breach. If the city determines that the permittee has committed a substantial breach of a term or condition of any statute, ordinance,rule,regulation or any condition of the permit, the city shall follow the procedural requirements of Sec. 704.18, subd. 2 of this article. In addition,the demand shall state that continued violations may be cause for revocation of the permit. A substantial breach, as stated above, will allow the City, at its discretion, to place additional or revised conditions on the permit to mitigate and remedy the breach. Subd.3. Response to Notice of Breach. Within twenty-four(24)hours of receiving notification of the breach,permittee shall provide the city with a plan, acceptable to the City,that will cure the breach. The permittee's failure to so contact the city, or permittee's failure to timely submit an acceptable plan, or permittee's failure to reasonably implement the approved plan, shall be cause for immediate revocation of the permit. Further,permittee's failure to so contact the City, or permittee's failure to submit an acceptable plan, or permittee's failure to reasonably implement the approved plan, shall automatically place the permittee on probation for one(1) full year. 19 Cell Techn.Council Packet21 of 81 Page 42 of 202 Subd.4. Cause for Probation. From time to time, the city may establish a list of conditions of the permit,which if breached will automatically place the permittee on probation for one full year, such as, but not limited to.working out of the allotted time period or working on right-of-way grossly outside of the permit authorization. Subd.5. Automatic Revocation. If a permittee, while on probation, commits a breach as outlined above,permittee's permit will automatically be revoked and permittee will not be allowed further permits for one full year, except for emergency repairs. Subd. 6. Reimbursement of city costs. If a permit is revoked,the permittee shall also reimburse the city for the city's reasonable costs, including restoration costs and the costs of collection and reasonable attorneys' fees incurred in connection with such revocation. Sec. 704.24. Mapping Data. Subd. 1. Information Required Each registrant and permittee shall provide mapping information at their expense as required by the city in accordance with Minnesota Rules 7819.4000 and 7819.4100. Within ninety(90)days following completion of any work pursuant to a permit, the permittee shall provide the director accurate maps and drawings certifying the"as-built" location of all equipment installed, owed and maintained by the permittee. Such mans and drawings shall include the hnri7nntn1 and vertical location of all facilities and equipment and shall be provided consistent with the city's electronic mapping system,when practical or as a condition imposed by the director. Failure to provide maps and drawings pursuant to this subsection shall be grounds for revoking the permit holder's registration and the withholding of any escrow funds. Subd. 2. Service Laterals. All permits issued for the installation or repair of service laterals, other than minor repairs as defined in Minnesota Rules 7560.0150 subpart 2, shall require the permittee's use of appropriate means of establishing the horizontal locations of installed service laterals, and the service lateral vertical locations in those cases where the director reasonably requires it. Permittees or their subcontractors shall submit to the director evidence satisfactory to the director of the installed service lateral locations. Compliance with this subdivision 2 and with applicable Gopher State One Call law and Minnesota Rules governing service laterals install after December 31, 2005, shall be a condition of any city approval necessary for 1)payments to contractors working on a public improvement project including those under Minnesota Statutes, Chapter 429, and 2)city approval of performance under development agreements, or other subdivision or site plan approval under Minnesota Statutes, Chapter 462. The director shall reasonably determine the appropriate method of providing such information to the city. Failure to provide prompt and accurate information on the service laterals installed may result in the revocation of the permit issued for the work or for future permits to the offending permittee or its subcontractors Also see Sec 1.13. Sec. 704.25. Location and Relocation of Facilities. Subd. 1. Placement, location, and relocation of facilities must comply with the Act,with other applicable law, and with Minnesota Rules 7819.3100, 7819.5000 and 7819.5 100,to the extent the rules do not limit authority otherwise available to cities. See 1008.040. 20 Cell Techn.Council Packet22 of 81 Page 43 of 202 Subd. 2. Corridors. The city may assign a specific area within the right-of-way, or any particular segment thereof as may be necessary, for each type of facilities that is or,pursuant to current technology, the city expects will someday be located within the right-of-way. All excavation, obstruction, or other permits issued by the city involving the installation or replacement of facilities shall designate the proper corridor for the facilities at issue. Any registrant who has facilities in the right-of-way in a position at variance with the corridors established by the city shall,no later than at the time of the next reconstruction or excavation of the area where the facilities are located, move the facilities to the assigned position within the right-of-way, unless this requirement is waived by the city for good cause shown,upon consideration of such factors as the remaining economic life of the facilities,public safety, customer service needs and hardship to the registrant. Subd. 3. Nuisance. One year after the passage of this ordinance, any facilities found in a right-of-way that have not been registered shall be deemed to be a nuisance. The city may exercise any remedies or rights it has at law or in equity, including, but not limited to, abating the nuisance or taking possession of the facilities and restoring the right-of-way to a useable condition. Subd. 4. Limitation of Space. To protect health, safety, and welfare, or when necessary to protect the right-of-way and its current use, the city shall have the power to prohibit or limit the placement of new or additional facilities within the right-of-way. In making such decisions,the city shall strive to the extent possible to accommodate all existing and potential users of the right-of-way,but shall be guided primarily by considerations of the public interest,the public's needs for the particular utility service,the condition of the right-of-way, the time of year with respect to essential utilities, the protection of existing facilities in the right-of-way, and future city plans for public improvements and development projects which have been determined to be in the public interest. Sec. 704.26 Pre-excavation Facilities Location. In addition to complying with the requirements of Minn. Stat. 216D.01-.09 ("One Call Excavation Notice System")before the start date of any right-of-way excavation, each registrant who has facilities or equipment in the area to be excavated shall mark the horizontal and vertical placement of all said facilities. Any registrant whose facilities are less than twenty(20) inches below a concrete or asphalt surface shall notify and work closely with the excavation contractor to establish the exact location of its facilities and the best procedure for excavation. Sec. 704.27. Damage to Other Facilities. When the city does work in the right-of-way and finds it necessary to maintain, support,or move a registrant's facilities to protect it, the city shall notify the local representative as early as is reasonably possible. The costs associated therewith will be billed to that registrant and must be paid within thirty (30)days from the date of billing. Each registrant shall be responsible for the cost of repairing any facilities in the right-of-way which it or its facilities damage. Each registrant shall be responsible for the cost of repairing any damage to the facilities of another registrant caused during the city's response to an emergency occasioned by that registrant's facilities. 21 Cell Techn.Council Packet23 of 81 Page 44 of 202 Sec. 704.28. Right-of-Way Vacation. Reservation of right If the city vacates a right-of-way that contains the facilities of a registrant, the registrant's rights in the vacated right-of-way are governed by Minnesota Rules 7819.3200. Sec. 704.29. Indemnification and Liability By registering with the city, or by accepting a permit under this ordinance, a registrant or permittee agrees to defend and indemnify the city in accordance with the provisions of Minnesota Rule 7819.1250. Sec. 704.30. Abandoned and Unusable Facilities. Subd.l. Discontinued Operations. A registrant who has determined to discontinue all or a portion of its operations in the city must provide information satisfactory to the city that the registrant's obligations for its facilities in the right-of-way under this ordinance have been lawfully assumed by another registrant. Subd.2. Removal. Any registrant who has abandoned facilities in any right-of-way shall remove it from that right-of-way if required in conjunction with other right-of-way repair, excavation, or construction,unless this requirement is waived by the city. Sec. 704.31: Appeal. A right-of-way user that: (1)has been denied registration; (2)has been denied a permit; (3)has had a permit revoked; (4)believes that the fees imposed are not in conformity with Minn. Stat. § 237.163, Subd. 6; or(5)disputes a determination of the director regarding Section 1.23 subd. 2 of this ordinance may have the denial,revocation, fee imposition, or decision reviewed,upon written request,by the city council. The city council shall act on a timely written request at its next regularly scheduled meeting, provided the right-of-way user has submitted its appeal with sufficient time to include the appeal as a regular agenda item. A decision by the city council affirming the denial,revocation, or fee imposition will be in writing and supported by written findings establishing the reasonableness of the decision. Sec. 704.32. Severability. If any portion of this ordinance is for any reason held invalid by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portions thereof. Nothing in this ordinance precludes the city from requiring a franchise agreement with the applicant, as allowed by law, in addition to requirements set forth herein. SECTION 2. Section 401.02.13 Definitions of the Zoning Ordinance are amended to add the following definitions: Micro Wireless Facility: Micro wireless facility means a small wireless facility that is no longer than twenty-four (24) inches long, fifteen (15) inches wide, and twelve (12) inches high, and whose exterior antenna, if any, is no longer than eleven(11) inches. Small Wireless Facility: Small wireless facility means a wireless facility that meets both of the 22 Cell Techn.Council Packet24 of 81 Page 45 of 202 following qualifications: (1) Each antenna is located inside an enclosure of no more than six cubic feet in volume or could fit within such an enclosure; and (2) All other wireless equipment associated with the small wireless facility provided such equipment is, in aggregate no more than twenty-eight(28)cubic feet in volume,not including electric meters, concealment elements, telecommunications demarcation boxes, battery backup power systems, grounding equipment,power transfer switches, cutoff switches, cable conduit,vertical cable runs for the connection of power and other services, and any equipment concealed from public view within or behind an existing structure or concealment. Wireless Support Structure: means a new or existing structure in a public right of way designed to support or capable of supporting small wireless facilities, as reasonably determined by a local government unit. SECTION 3. Section 401.15.P,Antenna of the Zoning Ordinance is amended to add the following: Section 401.15.P.1 in. Small wireless facilities,micro wireless facilities, and wireless support structures are regulated under this Section and Ordinance 704 of this code. Section 401.15.P.3.a. 3) Small wireless facilities,micro wireless facilities, and wireless support structures. Small wireless facilities, micro wireless facilities, and wireless support structures located in residential districts shall be regulated under Ordinance 704 of this code and require a public hearing,recommendation of the Planning Commission, and review by the City Council as follows: a) The Planning Commission shall conduct a public hearing once an application has been deemed complete and reports its findings and recommendations to the City Council. Written notice of such hearing shall be mailed not less than ten(10)days to all owners of property, according to the Washington County assessment records,within five hundred (500) feet of the locations included in the request. b) The City Council and Planning Commission shall consider possible adverse effects of the proposed application. Their judgement shall be based upon the following factors: i. Generally applicable and reasonable health, safety and welfare regulations consistent with Ordinance 704 of this code. ii. The provisions of Ordinance 704 of this code are considered and satisfactory met. Section 401.15.P.3b. 3) Small wireless facilities,micro wireless facilities, and wireless support structures. Small wireless facilities,micro wireless facilities,and wireless support structures located in business districts are a permitted use and regulated under Ordinance 704 of the code. 23 Cell Techn.Council Packet25 of 81 Page 46 of 202 Section 441.15.P.3c. 3) Small wireless facilities,micro wireless facilities,and wireless support structures. Small wireless facilities,micro wireless facilities,and wireless support structures located in industrial districts are a permitted use and regulated under Ordinance 704 of the code. SECTION 4. The Planning Commission of the City of Oak Park Heights held a public hearing at their January 11,2018 meeting, took comments from the public, and recommended that the City Council approve the amendments to the City Code related to small cell wireless facilities. SECTION 5. This Ordinance shall be in full force and effect upon its passage and publication. PASSED this 13''day of February 2018 by the City Council of the City of Oak Park Heights. CITY OF OAK PARK HEIGHTS Mary McComber, Mayor ATTEST: Eric A. Johnson, City Administrator 24 Cell Techn.Council Packet26 of 81 Page 47 of 202 Exhibit 2 DRAFT SMALL-WIRELESS-FACILTY COLLOCATION AND LEASE AGREEMENT BETWEEN THE CITY OF OAK PARK HEIGHTS,MINNESOTA AND Dated: , This document was drafted by: Eckberg Lammers,P.C. 1809 Northwestern Avenue Stillwater,Minnesota 55082 i Cell Techn.Council Packet27 of 81 Page 48 of 202 SMALL-WIRELESS-FACILITY COLLOCATION AND LEASE AGREEMENT THIS SMALL-WIRELESS-FACILITY COLLOCATION AND LEASE AGREEMENT (the"Agreement")is made as of the day of (the"Effective Date"),by and between the CITY OF OAK PARK HEIGHTS, MINNESOTA, a municipal corporation and political subdivision organized and existing under the laws of the State of Minnesota (the "City"), and (the "Registrant"). The City and the Registrant are referred to herein individually as a "Party" and collectively as the"Parties." RECITALS WHEREAS, the City has elected to manage rights of way within its jurisdiction pursuant to Minnesota Statutes, Sections 237.162 and 237.163 (collectively, the "Act") and the City's Ordinance 704(the"Code"); and, WHEREAS, the Registrant is seeking permission to install its small wireless facility or facilities(the"Facility"or"Facilities")within the City's right of way; and NOW THEREFORE, in consideration of the premises and the mutual obligations of the Parties hereto, each of them does hereby covenant and agree with the other as follows: ARTICLE I PURPOSE AND DEFINITIONS Section 1.1 Purpose. The purpose of this Agreement is to set forth the terms and conditions under which the Registrant will be able to install its Facilities in the right of way that is within the jurisdiction of, and managed by, the City. This Agreement is in addition to, and not in lieu of, all other requirements established by the Act and the Code. Section 1.2 Definitions. Any term contained in this Agreement shall have the meaning given by Section 704.03 of the Code. If a term is not defined by said Section, it shall have the meaning given by the Act. ARTICLE II SCOPE AND TERM Section 2.1 Scone. The Registrant shall submit to the City Administrator, or the City Administrator's designee (the"Director"): 2 Cell Techn.Council Packet28 of 81 Page 49 of 202 (A) Detailed specifications, construction plans, descriptions of any equipment necessary for the use, and drawings, of each kind of Facility model/prototype the Registrant has designed; (B) Maps showing the area that the Registrant wants to locate Facilities within; and, (C) The number of Facilities the Registrant wishes to install. The Registrant and the Director shall negotiate in good faith and decide together upon the specific models/prototypes to be used, the specific location of the Facility, whether the Facility will be attached to existing, new, or replacement support structures, and all other necessary details. All plans and drawings are attached as Exhibits to this Agreement, and are incorporated herein by reference. The scope of this Agreement is limited to the specifically agreed upon proposed installation of, and leasing for, the Facilities in the right of way contained in the attached Exhibits. Section 2.2 Term. This Agreement shall be effective on the date hereof and shall continue,unless terminated sooner in accordance with the terms of this Agreement. (A) Start date: The Registrant shall commence installation of the Facilities on (B) Completion date: The Registrant shall complete installation of the Facility on (C) Lease: The lease shall continence upon the issuance of the small-wireless-facility permit(the "Permit") and shall remain in effect for the length of time the Facility is in use,unless lawfully revoked. Notwithstanding anything to the contrary contained herein, the Registrant shall have the right to terminate Registrant's occupancy provided that 30 days prior notice is given to the City. ARTICLE III REPRESENTATIONS AND WARRANTIES Section 3.1 Representations and Warranties of the City. The City makes the following representations and warranties: (A) The City will work with the Registrant in a nondiscriminatory, competitively neutral, and commercially reasonable manner. (B) All requests made by the City will be based on reasonable cost, health, safety, welfare, aesthetic, and all other concerns permitted by law. 3 Cell Techn.Council Packet29 of 81 Page 50 of 202 Section 3.2 Representations and Warranties of the Registrant. The Registrant makes the following representations and warranties: (A) The Registrant will comply with all federal, state, and local laws and ordinances, including all safety standards. (B) The Registrant will be solely and completely responsible for conditions of the job site, including the safety of all persons and property during the installation and continued use of the Facilities. (C) The Registrant has the requisite training, skills, and experience necessary to install and maintain the Facilities with reasonable care and skill. (D) The Registrant is appropriately licensed by all applicable agencies and governmental entities. (E) The Registrant will not install any Facilities other than those approved and permitted by the City in this Agreement and corresponding permit application(s). (F) The Facilities and any other equipment approved and permitted to be installed are of the type and frequency which will not cause harmful interference to any equipment of the City, or other registrants' facilities or equipment, whether on the wireless support structure or near or in the surrounding premises, which existed or have been permitted prior to the date the Permit was acquired by the Registrant. The Registrant's Facilities or equipment shall not transmit or receive radio waves until the evaluation required by Section 6.2 of this Agreement has been satisfactorily completed and approved. ARTICLE IV INDEMNIFICATION,WAIVER,AND INSURANCE Section 4.1 Indemnification. The Registrant shall, to the fullest extent permitted by law, defend, indemnify and hold harmless the City, and its employees, officials, agents, and contractors against any claim of liability or against any loss of any kind, including compliance with administrative orders and regulations, and specifically including, without limitation, against any claim of liability or loss from personal injury or property damage resulting from or arising out of the presence of Registrant's Facilities, equipment or other property located within the City's rights of way and also as to any willful misconduct of the Registrant, its' employees, contractors or agents, except to the extent such claims or damages may be due to or caused by the willful misconduct of the City, or its' employees,contractors or agents. The Registrant agrees that this indemnity obligation shall survive the completion or termination of this Agreement. 4 Cell Techn.Council Packet30 of 81 Page 51 of 202 The Registrant shall implement all measures at the transmission site required by Federal Communications Commission (the "FCC") regulations. In the event the Registrant causes the site to exceed FCC Radio Frequency radiation limits, as measured on the premises, or otherwise violate FCC standards, the Registrant shall be liable for all such non-compliance and shall defend, indemnify and hold the City harmless from all claims arising from non-compliance. Section 4.2 Waiver. The Registrant waives any liability of the City to the Registrant, or any of its respective agents, representatives, successors or employees for any lost revenue, lost profits, loss of technology, use of rights or services, incidental, punitive, indirect, special or consequential damages, loss of data, or interruption or loss of use of service, even if the City has been advised of the possibility of such damages, whether under theory of contract,tort(including negligence), strict liability or otherwise that is related to, arises out of, flows from or is, in some part, caused by the Registrant's Facility,whether attached to the City's wireless support structure or otherwise located in the City's right of way. Section 4.3 Insurance. The Registrant agrees that at its own cost and expense, it will maintain: (A) Commercial general liability insurance with limits not less than $1,000,000 per occurrence; $2,000,000 annual aggregate; (B) Workers' compensation insurance for all its employees in accordance with the statutory requirements of the State of Minnesota; and, (C) Employers' liability insurance with limits not less than: (1) $500,000 for bodily injury by disease per employee; (2) $500.000 for bodily injury by disease aggregate; and, (3) $500,000 for bodily injury by accident. The Registrant shall provide to the City Certificates of Insurance which specifically name The City of Oak Park Heights, including its elected and appointed officials, employees, and agents, as an additional insured. The insurance requirements may be met through any combination of primary and umbrella/excess insurance. The Registrant's policies shall be primary insurance and non-contributory to any other valid and collectible insurance available to the City with respect to any claim arising out of the Registrant's performance under this Agreement. The Registrant's policies and Certificate of Insurance shall contain a provision that coverage afforded under the policies shall not be cancelled without at least thirty (30) days' 5 Cell Techn.Council Packet3l of 81 Page 52 of 202 advanced written notice to the City, or ten (10) days' written notice for non-payment of premium. ARTICLE V DAMANGE,REPAIR,AND MAINTENANCE Section 5.1 Damage. Any damage to the City's infrastructure, the City's equipment thereon, or any element of the City's right of way caused by the Registrant's installation or operations shall be repaired or replaced at Registrant's expense and to the Director's reasonable satisfaction. In the event that such damage cannot be reasonably expected to be repaired within forty- five(45) days following such event, or if such damage may reasonably be expected to disrupt the Registrant's operations of the Facility for more than forty-five (45) days, then the Registrant may, at any time following such casualty, provided the City has not completed the restoration required to permit the Registrant to resume its operation in the right of way, terminate upon fifteen (15) days prior written notice to the City as to such location. With any such notice of termination the Parties shall make an appropriate adjustment, as of such termination date, with respect to payments due.Notwithstanding the foregoing, the rent shall abate during the period of repair following such casualty in proportion to the degree to which the Registrant's use of the right of way is impaired. The City is not liable for any damage to any Facility due to an event of damage to the wireless support structure or right of way. Section 5.2 Repair and maintenance. The City will take those actions it determines are reasonably necessary, to repair, maintain, alter, or improve the right of way in connection with Registrant's Facilities. (A) By the City. Upon request from the City, the Registrant shall disconnect the power to the Registrant's Facility within eight (8) hours of such request to facilitate any maintenance or repair work to the wireless support structure or the right of way. After eight (8) hours or immediately after an emergency, the City reserves the right to disconnect the power to the Facility. Except in cases of emergency, prior to commencing work on a wireless support structure or right of way where a Facility is installed, the City will provide Registrant with 24-hour prior notice thereof. Upon receiving such notice; it shall be the sole responsibility of the Registrant to take adequate measures to remove or otherwise protect Registrant's Facility from the consequences of such activities. If reasonably necessary, the City may require Registrant to remove or power down any Facility during the work. 6 Cell Techn.Council Packet32 of 81 Page 53 of 202 (B) By the Registrant. Registrant shall maintain the Facility in good and safe condition, at its own cost and expense, and in compliance with applicable fire, health, building, and other life safety codes. ARTICLE VI MISCELLANEOUS Section 6.1 Ownership. Any wireless support structure or portion of the right of way approved by the Director to be used by the Registrant shall be the property of the City and shall not entitle the Registrant to ownership of such wireless support structure or portion of the right of way. Section 6.2 Engineering Studies. If the Registrant seeks to attach a Facility to a wireless support structure, the Registrant must obtain and submit to the Director a structural engineering study carried out by a qualified structural engineer showing that each wireless support structure and foundation is able to support the proposed Facility. The Registrant shall obtain a radio frequency interference study carried out by an independent professional radio frequency engineer("RF Engineer") showing that the Registrant's intended use will not interfere with the City's licensed and unlicensed communications facilities, which are located on or near the structure. Section 6.3 Emergency. In the event that the Facility poses an immediate threat of substantial harm or damage to the health, safety and welfare of the public, any property, City Employees, and/or the premises, as reasonably determined by the City,the City may take actions the City determines are reasonably required to protect, the health, safety and welfare of the Public, or property of the public, from such jeopardy provided that after such emergency, and in no event later than twenty-four (24) hours afterwards, the City gives notice to Registrant of City's emergency actions. If the City reasonably determines that these conditions would be improved by cessation of Registrant's operations, the Registrant shall immediately cease its operations upon notice from the Director. Section 6.4 Permit. The Registrant shall obtain from the City, any and all permits required for a complete installation. These permits include, but are not limited to: Obstruction, Excavation, Small Wireless Facility, etc. Applicable fees for any permits shall be borne by the Registrant. The Registrant shall be bound by the requirements of each permit. ARTICLE VII FEES AND COSTS Section 7.1 Fees purpose. The City will recover its right-of-way management costs from the Registrant by imposing a fee for registration, a fee for each right-of-way permit, or, Cell Techn.Council Packet33 of 81 Page 54 of 202 when appropriate, a fee applicable to the Registrant when that Registrant causes the City or its affiliated agencies to incur costs as a result of any actions or inactions of the Registrant. Fees, or other right-of-way obligations, imposed by the City on this Registrant shall be: (A) Based on the actual costs incurred by the City and its affiliated agencies in managing the public right of way; (B) Based on an allocation among all Registrants and users of the public right of way, including the City itself and its affiliated agencies, which shall reflect the proportionate costs imposed on the City and its affiliated agencies by each of the various types of uses of the public rights of way; (C) Imposed on a competitively neutral basis; and (D) Imposed in a manner so that aboveground uses of public rights of way do not bear costs incurred by the City and its affiliated agencies to regulate underground uses of public rights of way. Section 7.2 Site preparation cost. Any initial engineering survey and preparatory construction work associated with the installation of a Facility will be paid by the Registrant in the form of a onetime, nonrecurring, commercially reasonable, nondiscriminatory, and competitively neutral charge to recover the costs associated with the proposed Facility. Section 7.3 Fees in compliance. Notal application fees for the Permit shall comply with Minnesota Statutes, Section 237.163, Subdivision 6 with respect to costs related to the Permit. Section 7.4 Rent. The Registrant will be charged a fee for each Facility installed in the right of way: (A) $150 per year for rent to occupy the space; (B) $25 per year for maintenance associated with the space occupied; and (C) a fee on a monthly basis for the electricity used to operate the Facility, if not purchased directly from a utility, at the rate of. (1) $73 per month per radio node less than or equal to 100 max watts; (2) $182 per month per radio node over 100 max watts; or (3) the actual costs of electricity as reasonably estimated by the Director, if the actual costs exceed the amount in item(1)or(2). s Cell Techn.Council Packet34 of 81 Page 55 of 202 This fee is in addition to other fees or charges allowed under Minnesota Statutes, Section 237.163, Subdivision 6. AR`T'ICLE VIII DEFAULT AND BREACH,TERMINATION,AND REMOVAL Section 8.1 Default and breach. The Director may immediately suspend the permission of a Registrant to install or operate a Facility if the Registrant materially fails to comply with the terms of its permit(s), this Agreement, or governing federal, state, local law or ordinance, if the City provides written notice to the Registrant of such failure to comply. If the Registrant fails to cure the default on or before the sixtieth (60) day after receipt of the notice, the City may terminate the Registrant's permit(s). Section 8.2 Termination. If the Registrant refuses or fails to complete the installation in a manner satisfactory to the City, the City may,by written notice to the Registrant, give notice of its intention to terminate this Agreement. After such notice, the Registrant shall have ten (10) days to cure, to the satisfaction of the City. If the Registrant fails to cure, the City shall send the Registrant a written termination letter which shall be effective upon deposit in the United States mail to the Registrant. The Registrant may terminate this Agreement if the City is in breach of any material obligation contained in this Agreement, which is not remedied by the City within ten (10) days of written notice. The Parties may voluntarily terminate this Agreement at any time by mutual agreement. Section 8.3 Removal. In the event the City reasonably determines that the Registrant's Facility or other equipment causes such interference as contemplated by Section 3.2(F) of this Agreement, the Registrant will remove the equipment. It is the Registrant's responsibility to confirm and appropriately test that their Facility or other equipment will not cause harmful interference before pursuing approval from the City. The Registrant shall immediately begin the removal of its Facility and all other equipment after termination of the Registrant's Permit for violations of the terms of the Permit. Unless the Director grants an extension of time, the Registrant shall have sixty(60)days after the effective date of termination to complete removal. After termination of a Registrant's Permit, the Registrant must comply with the terms of this Agreement until its Facility and all other equipment are removed. 9 Cell Techn.Council Packet35 of 81 Page 56 of 202 ARTICLE IX DISPUTE RESOLUTION Section 9.1 Dispute resolution. The Parties shall cooperate and use their best efforts to ensure that the various provisions of this Agreement are fulfilled. The Parties agree to act in good faith to undertake resolution of disputes, in an equitable and timely manner and in accordance with the provisions of this Agreement. If disputes cannot be resolved informally by the Parties,the following procedures shall be used: (A) Whenever there is a failure between the Parties to resolve a dispute on their own, the Parties shall first attempt to mediate the dispute. The Parties shall agree upon a mediator, or if they cannot agree, shall obtain a list of court-approved mediators from the Washington County District Court Administrator and select a mediator by alternately striking names until one remains. The City shall strike the first name followed by the Registrant, and shall continue in that order until one name remains. (B) If the dispute is not resolved within thirty (30) days after the end of the mediation proceedings,the Parties may pursue any legal remedy. ARTICLE X GENERAL TERMS Section 10.1 Entire agreement. This Agreement, its attachments and exhibits, and its corresponding permit application(s) and permit(s), represent the entire agreement. No other oral representations may be considered. Section 10.2 Assignment. The Registrant may not assign this Agreement to any other person unless written consent is obtained from the City. Section 10.3 Amendments. Any modification or amendment to this Agreement shall require a written agreement signed by both Parties. Section 10.4 Nondiscrimination. The Registrant shall not discriminate against any person by reason of any characteristic or classification protected by federal or state law. Section 10.5 Governing law. This Agreement shall be governed by and interpreted in accordance with the laws of the State of Minnesota. Section 10.6 Venue. All proceedings arising from this Agreement shall be venued in Washington County,Minnesota. Section 10.7 Ownership of documents. All reports, plans, specifications, data, maps, and other documents submitted to the City under this Agreement shall be the property of the 10 Cell Techn.Council Packet36 of 81 Page 57 of 202 City. The Registrant understands that all such documents are subject to the Minnesota Data Practices Act, Minnesota Statutes, Chapter 13, and all other applicable state or federal laws, rules,regulations, or orders pertaining to public data,privacy and/or confidentiality. Section 10.8 Waiver. The waiver by either Party of any breach or failure to comply with any provision of this Agreement by the other Party shall not be construed as, or constitute a continuing waiver of such provision or a waiver of any other breach of or failure to comply with any other provision of this Agreement. Section 10.9 Notice. All notices hereunder must be in writing and shall be deemed validly given if sent by certified mail, return receipt requested or by commercial courier, provided the courier's regular business is delivery service and provided further that it guarantees delivery to the addressee by the end of the next business day following the courier's receipt from the sender. Notice shall be effective upon actual receipt or refusal as shown on the receipt obtained pursuant to the foregoing. (A) Notices to the City will be sent by certified mail to: P.O. Box 2007, Oak Park Heights, MN 55082 (B) Notices to the Registrant will be sent to the address given in the application or such other address as the Registrant shall designate in writing pursuant to the notice provisions of this paragraph. Section 10.10 Force maieure. Except for payment of sums due, neither Party shall be liable to the other or deemed in default under this Agreement, if and to the extent that Party's performance is prevented by reason of force majeure. "Force majeure" includes war, an act of terrorism, fire, earthquake, flood and other circumstances which are beyond the control and without the fault or negligence of the Party affected and which by the exercise of reasonable diligence the Party affected was unable to prevent. Section 10.11 Severability. If any court finds any portion of this Agreement to be contrary to law, invalid, or unenforceable, the remainder of the Agreement will remain in full force and effect. [The remainder of this nage is left imtemtinmally blank. Signature page to follow] it Cell Techn.Council Packet37 of 81 Page 58 of 202 IN WITNESS WHEREOF, the Parties have caused this Agreement to be signed by their duly authorized representatives, and effective as of the Effective Date written above. CITY OF OAK PARK HEIGHTS, MINNESOTA By: Its: Mayor By: Its: City Administrator STATE OF MINNESOTA ) ) SS. COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 20 by and the Mayor and City Administrator, respectively, of the City of Oak Park Heights, Minnesota, a municipal corporation and political subdivision under the laws of the State of Minnesota, on behalf of said City. Notary Public [Signature page to the Collocation and Lease Agreement between the City of Oak Park Heights and 12 Cell Techn.Council Packet38 of 81 Page 59 of 202 By: Its: STATE OF MINNESOTA ) ) SS. COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 20by , the of a on behalf of said Notary Public [Signature page to the Collocation and Lease Agreement between the City of Oak Park Heights and 13 Cell Techn.Council Packet39 of 81 Page 60 of 202 EXHIBIT 3 City of Oak Park Heights Small Wireless Facility Permit DRAFT APPLICANT APPLICANT PHONE(DIRECT) APPLICANT FAX APPLICANT EMAIL COMPANY NAME COMPANY PHONE COMPANY FAX BILLING ADDRESS CITY STATE ZIP GOPHER STATE ONE-CALL REGISTRATION NUMBER EMERGENCY CONTACT NUMBER LOCATION LIMITS(describe speci{ic sites on page two,up to 15 sites/permit) DESCRIPTION OF WORK CONSTRUCTION START DAYS OF CONSTRUCTION COMPLETION DATE ACKNOWLEDGMENT By signing this application,I(the applicant/company)hereby acknowledge that I must adhere to all provisions of City of Oak Park Heights Chapter 704 of the Code of Ordinances and any other applicable ordinances,including statute 237.162 and 237.163,in addition to the terms and conditions which are attached to this document. The applicant shall also comply with the regulations of all other governmental agencies for the protection of the public. SIGNATURE: DATE: TITLE: REQUIRED DOCUMENTS TO APPLY: ❑ Permit Fee Structural study ❑ (1)set of construction plans signed by a P.E.and(1)electronic copy Radio frequency study ❑ Performance bond on file and proof ❑ Copy of permit from pole owner if owned by an agency other than of insurance the City of Oak Park Heights(if applicable) ❑ Design planlroute forbackhaul. FOR OFFICE USE ONLY [AMOUNT: ERMIT FEE REC'D: I I CHECKS ONLY APP RECD: PERMIT NUMBER: SIGNATURE: PERMIT ISSUE DATE: TITLE: APPROVED I DENIED POLE ATTACHMENT PERMIT NOT VALID UNLESS SIGNED BY CITY OF OAK PARK HEIGHTS PUBLIC WORKS STAFF Cell Techn.Council Packet40 of 81 Page 61 of 202 SITE SUMMARY By statute,applicant may collocate up to 15 small wireless facilities if they are within a two mile radius, consist of substantially similar equipment,and are to be placed on similar types of wireless support structures. PERMIT FEE SITE DESCRIPTION $1,500/UNIT 01 02 03 04 05 06 07 08 09 10 11 12 13 14 15 TOTAL PERMIT FEE DUE FOR LOCATION $ Cell Techn.Council Packet4l of 81 Page 62 of 202 Exhibit 4 City of Oak Park Heights Zoning Ordinance 401.02.13 Definitions Micro Wireless Facility: Micro wireless facility means a small wireless facility that is no longer than twenty-four (24) inches long, fifteen (15) inches wide, and twelve (12) inches high, and whose exterior antenna, if any, is no longer than eleven (11) inches. Small Wireless Facility: Small wireless facility means a wireless facility that meets both of the following qualifications: (1) Each antenna is located inside an enclosure of no more than six cubic feet in volume or could fit within such an enclosure; and (2) All other wireless equipment associated with the small wireless facility provided such equipment is, in aggregate no more than twenty-eight (28) cubic feet in volume, not including electric meters, concealment elements, telecommunications demarcation boxes, battery backup power systems, grounding equipment, power transfer switches, cutoff switches, cable conduit, vertical cable runs for the connection of power and other services, and any equipment concealed from public view within or behind an existing structure or concealment. Wireless Support Structure: means a new or existing structure in a public right of way designed to support or capable of supporting small wireless facilities, as reasonably determined by a local government unit. 401.15.13. Antennas. 1. General Standards. The following standards shall apply to all cellular telephone, public utility, microwave, radio and television broadcast transmitting, radio and television receiving, satellite dish and short-wave radio transmitting and receiving antenna. a. All obsolete and unused antenna shall be removed within twelve (12) months of cessation of operation at the site, unless an exemption is granted by the Zoning Administrator. b. All antenna shall be in compliance with all City building and electrical code requirements and as applicable shall require related permits. C. Structural design, mounting and installation of the antenna shall be in compliance with manufacturer's specifications and as may be necessary, 1 Cell Techn.Council Packet42 of 81 Page 63 of 202 as determined by the Zoning Administrator, shall be verified and approved by a professional engineer. d. When applicable, written authorization for antenna erection shall be provided by the property owner. e. No advertising message shall be affixed to the antenna structure. f. The height of the antenna shall be the minimum necessary to function satisfactorily, as verified by an electrical engineer or other appropriate professional. g. Antennas shall not be artificially illuminated unless required by law or by a governmental agency to protect the public's health and safety. h. When applicable, proposals to erect new antenna shall be accompanied by any required federal, state, or local agency licenses. L If a new antenna support structure is to be constructed, it shall be designed so as to accommodate other users including but not limited to other cellular communication companies, local police, fire and ambulance comnanies. j. Antenna support structures under two hundred (200)feet in height shall be painted silver or have a galvanized finish to reduce visual impact. k. Except as may be applicable in cases where a conditional use permit is required, antennas and support structures for federally licensed amateur radio stations and used in the amateur radio service are exempt from sub- paragraphs (c), (f), and (i) above, and must comply with sub-paragraph (1) below. I. Amateur radio support structures (towers) must be installed in accordance with the instructions furnished by the manufacturer of that tower model. Because of the experimental nature of the amateur radio service, antennas mounted on such a tower may be modified or changed at any time so long as the published allowable load on the tower is not exceeded and the structure of the tower remains in accordance with the manufacture's specifications. M. Small wireless facilities, micro wireless facilities, and wireless support structures are regulated under this Section and Ordinance 704 of this code. 2. Accessory and Secondary Use Antennas. The following standards shall apply to all accessory and secondary use antennas including radio and television receiving antennas, satellite dishes, TVROs two (2) meters or less in diameter, short-wave radio dispatching antennas, or those necessary for the operation of 2 Cell Techn.Council Packet43 of 81 Page 64 of 202 electronic equipment including radio receivers, federally licensed amateur radio stations and television receivers. a. Accessory or secondary use antennas shall not be erected in any required yard (except a rear yard) or within public or private utility and drainage easements, and shall be set back a minimum of three (3) feet from all lot lines. b. Guy wires or guy wire anchors shall not be erected within public or private utility and drainage easements, and shall be set back a minimum of one (1) foot from all lot lines. C. Accessory or secondary use antennas and necessary support structures, monopoles or towers may extend a maximum of fifteen (15)feet above the normal height restriction for the affected zoning district, except support structures and antennas used in the amateur radio service may extend a maximum of two (2) times the normal height restriction for the affected zoning district. d. The installation of more than one (1) support structure per property shall require the approval of a conditional use permit. 3. Cellular Telephone Antennas. a. Residential District Standards. 1) Antennas located upon public structures: Cellular telephone antenna located upon public structures shall require the approval of the City Council and shall comply with the following standards: a) The applicant shall demonstrate by providing a coverage/ interference analysis and capacity analysis prepared by a professional engineer that location of the antennas as proposed is necessary to meet the frequency reuse and spacing needs of the cellular system and to provide adequate portable cellular telephone coverage and capacity to areas which cannot be adequately served by locating the antennas in a less restrictive district. b) Transmitting, receiving and switching equipment shall be housed within an existing structure whenever possible. If a new equipment building is necessary for transmitting, receiving and switching equipment, it shall be situated in the rear yard of the principal use and shall be screened from view by landscaping where appropriate. 3 Cell Techn.Council Packet44 of 81 Page 65 of 202 c) All lease, administrative and consultant fees for antennas located upon a public structure shall be set by the City Council and paid by the applicant before activation of the antenna. 2) Antennas not located upon a public structure: Cellular telephone antenna not located upon a public structure shall require the processing of a conditional use permit and shall comply with the following standards: a) The applicant shall demonstrate by providing a coverage/ interference analysis and capacity analysis prepared by a professional engineer that location of the antennas as proposed is necessary to meet the frequency reuse and spacing needs of the cellular system and to provide adequate portable cellular telephone coverage and capacity to areas which cannot be adequately served by locating the antennas in a less restrictive district. b) The antennas shall be located on an existing structure, if possible, and shall not extend more than fifteen (15) feet above the structural height of the structure to which they are attached. c) If no existing structure which meets the, height requirements for the antennas is available for mounting purposes, the antennas may be mounted on a single ground mounted pole provided that: L The pole not exceed seventy-five (75)feet in height. ii. The setback of the pole from the nearest residential structure is not less than the height of the antenna. Exceptions to such setback may be granted if a qualified structural engineer specifies in writing that any collapse of the pole will occur within a lesser distance under all foreseeable circumstances. d) Transmitting, receiving and switching equipment shall be housed within an existing structure whenever possible. If a new equipment building is necessary for transmitting, receiving and switching equipment, it shall be situated in the rear yard of the principal use and shall be screened from view by landscaping where appropriate. e) Unless the antenna is mounted on an existing structure, at the discretion of the City, a security fence not greater than eight 4 Cell Techn.Council Packet45 of 81 Page 66 of 202 (8) feet in height with a maximum opacity of fifty (50) percent shall be provided around the support structure. 3) Small wireless facilities, micro wireless facilities and wireless support structures: Small wireless facilities, micro wireless facilities, and wireless support structures located in residential districts shall be regulated under Ordinance 704 of this code and require a public hearing, recommendation of the Planning Commission, and review by the City Council as follows: a) The Planning Commission shall conduct a public hearing once an application has been deemed complete and reports its findings and recommendations to the City Council. Written notice of such hearing shall be mailed not less than ten (10) days to all owners of property, according to the Washington County assessment records, within five hundred (500)feet of the locations included in the request. b) The City Council and Planning Commission shall consider possible adverse effects of the proposed application. Their judgement shall be based upon the following factors: i. Generally applicable and reasonable health, safety and welfare regulations consistent with Ordinance 704 of this code. ii. The provisions of Ordinance 704 of this code are considered and satisfactory met. b. Business District Standards: 1) Antennas Located Upon A Public Structure. Cellular telephone antenna located upon a public structure shall require the approval of the City Council and shall comply with the following standards. a) Transmitting, receiving and switching equipment shall be housed within an existing structure whenever possible. If a new equipment building is necessary for transmitting, receiving and switching equipment, it shall be situated in the rear yard of the principal use and shall be screened from view by landscaping where appropriate. b) All lease, administrative and consultant fees for antennas located upon a public structure shall be set by the City Council and paid by the applicant before activation of the antenna. 5 Cell Techn.Council Packet46 of 81 Page 67 of 202 2) Antennas Not Located Upon A Public Structure. Cellular telephone antennas not located upon a public structure shall require the processing of a conditional use permit and shall comply with the following standards: a) The applicant shall demonstrate by providing a coverage/ interference analysis and capacity analysis prepared by a professional engineer that location of the antennas as proposed is necessary to meet the frequency reuse and spacing needs of the cellular system and to provide adequate portable cellular telephone coverage and capacity to areas which cannot be adequately served by locating the antennas in a less restrictive district. b) The antennas shall be located on an existing structure, if possible, and shall not extend more than fifteen (15) feet above the structural height of the structure to which they are attached. c) If no existing structure which meets the height requirements for the antennas is available for mounting purposes, the antennas may be mounted on a single ground mounted pole provided that: i. The pole not exceed seventy-five (75)feet in height. ii. The setback of the pole from the nearest residential structure is not less than the height of the antenna. Exceptions to such setback may be granted if a qualified structural engineer specifies in writing that any collapse of the pole will occur within a lesser distance under all foreseeable circumstances. d) Transmitting, receiving and switching equipment shall be housed within an existing structure whenever possible. If a new equipment building is necessary for transmitting, receiving and switching equipment, it shall be situated in the rear yard of the principal use and shall be screened from view by landscaping where appropriate. e) Unless the antenna is mounted on an existing structure, at the discretion of the City, a security fence not greater than eight (8) feet in height with a maximum opacity of fifty (50) percent shall be provided around the support structure. 6 Cell Techn.Council Packet47 of 81 Page 68 of 202 3) Small wireless facilities, micro wireless facilities, and wireless support structures: Small wireless facilities, micro wireless facilities, and wireless support structures located in business districts are a permitted use and regulated under Ordinance 704 of this code. C. Industrial District Standards. 1) Antennas Located Upon A Public Structure. Cellular telephone antennas located upon a public structure shall require the approval of the City Council and shall comply with the following standards: a) All lease, administrative and consultant fees for antennas located upon a public structure shall be set by the City Council and paid by the applicant before activation of the antenna. 2) Antennas Not Located Upon A Public Structure. Cellular telephone antennas not located upon a public structure shall require the processing of an administrative permit and shall comply with the following standards: a) The antennas shall be located upon a structure if possible. b) If no existing structure which meets the height requirements for mounting the antennas, the antennas may be mounted upon a supporting pole or tower not exceeding one hundred fifty (150) feet in height. Such pole or tower shall be located on a parcel having a dimension equal to the height of the pole or tower measured between the base of the pole or tower located nearest the property line and said property line, unless a qualified structural engineer specifies in writing that the collapse of the pole or tower will occur within a lesser distance under all foreseeable circumstances. 3) Small wireless facilities, micro wireless facilities, and wireless support structures: Small wireless facilities, micro wireless facilities, and wireless support structures located in industrial districts are a permitted use and regulated under Ordinance 704 of this code. 4. Satellite Dishes. a. Residential District Standards. Single satellite dish TVROs greater than one (1) meter in diameter may be allowed as a conditional use within the residential zoning districts of the City and shall comply with the following standards: 7 Cell Techn.Council Packet48 of 81 Page 69 of 202 1) The lot on which the satellite dish antenna is located shall be of sufficient size to assure that an obstruction-free receive window can be maintained within the limits of the property ownership. 2) Except where the antenna is screened by a structure exceeding the antenna height, landscape buffering and screening shall be maintained on all sides of the satellite dish antenna in a manner in which growth of the landscape elements will not interfere with the receive window. 3) The satellite dish antenna is not greater than three (3) meters in diameter. b. Business District Standards. Satellite dish antennas within the business zoning districts of the City shall be limited to those listed as permitted accessory and conditional uses in the applicable zoning district subject to the provisions of this Ordinance. C. Industrial District Standards. Commercial, private and public satellite dish transmitting or receiving antennas in excess of two (2) meters may be allowed as a conditional use within the I, Industrial District of the City and shall comply with the following standards: 1) The lot on which the satellite dish antenna is located shall be of sufficient size to assure that an obstruction free transmit-receive window or windows can be maintained within the limits of the property ownership. 2) Except where the antenna is screened by a structure exceeding the antenna height, landscape buffering and screening shall be maintained on all sides of the satellite dish antenna in a manner in which growth of the landscape elements will not interfere with the transmit-receive window. 5. Commercial and Public Radio and Television Transmitting Antennas, and Public Utility Microwave Antennas. Commercial and public radio and television transmitting and public utility microwave antennas shall comply with the following standards: a. Such antenna shall be considered an allowed conditional use within the I, Industrial District of the City and shall be subject to the regulations and requirements of this Code. 15-8 Cell Techn.Council Packet49 of 81 Page 70 of 202 b. The antennas, transmitting towers, or array of towers shall be located on a continuous parcel having a dimension equal to the height of the antenna, transmitting tower, or array of towers measured between the base of the antenna or tower located nearest a property line and said property line, unless a qualified structural engineer specifies in writing that the collapse of any antenna or tower will occur within a lesser distance under all foreseeable circumstances. C. Unless the antenna is mounted on an existing structure, at the discretion of the City, a fence not greater than eight(8)feet in height with a maximum opacity of fifty(50)percent shall be provided around the support structure and other equipment. 15-9 Cell Techn.Council Packet50 of 81 Page 71 of 202 15-10 Cell Techn.Council Packet51 of 81 Page 72 of 202 Exhibit 5 704 CITY OF OAK PARK HEIGHTS, WASHINGTON COUNTY MINNESOTA AN ORDINANCE RELATING TO THE ADMINISTRATION AND REGULATION OF PUBLIC RIGHTS-OF-WAY AND THE REGULATION OF PUBLIC WAY PERMITS GOVERNMING RIGHT-OF-WAY USERSPRO IDI G UTILITY SERVICE VCE THE COUNCIL OF OAK PARK HEIGHTS ORDAINS: Seetions 701.01 t4ough 704.09 of Chapter- Ordinance 704 of the Oak Park Heights Code of Ordinances (hereafter"this Code") is hereby repealed in its entirety, and is replaced by the following, to read as follows: Sec. 704.01. Findings, Purpose, and Intent. This ordinance shall be interpreted consistently with 1997 Session Laws. Chanter 123_ substantially codified in Minnesota Statutes Sections 237.16, 237.162,237.163, 237.79, 237.81, and 238.086, as amended, (the"Act")and the other laws governing applicable rights of the City and users of the right-of-way. This See4ioii-ordinance shall also be interpreted consistent with Minnesota Rules 7819.0050—7819.9950 and Minnesota Rules 7560 where possible. To the extent any provision of this cow ordinance cannot be interpreted consistently with the Minnesota Rules,the interpretation most consistent with the full delegation of statutory and common law police power is intended. Sec. 704.02. Election to Manage the Public Rights-of-Way Pursuant to the authority granted to the City under state and federal statutory, administrative and common law,the City elects and has previously elected pursuant Minnesota Statutes, section 237.163 subd. 2(b),to manage rights-of-way within its jurisdiction. Sec. 704.03. Definitions. The following words,terms and phrases,when used in this awl€ordinance, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Abandoned Facility means a facility no longer in service or physically disconnected from a portion of the operating facility, or from any other facility, that is in use or still carries service A facilites not abandoned unless declared so by the right-of-way user. A facility is not abandoned unless declared so by the right-of-way user, or the user fails to respond within 30 days of the City requesting the status of the facility. Applicant means any person requesting permission to excavate or obstruct a right-of-way. Cell Techn.Council Packet52 of 81 Page 73 of 202 City means the City of Oak Park Heights,Minnesota. For purposes of this ordinance, the term"City"means its elected officials, officers, employees and agents. City Engineer means the City Engineer, or her or his designee Collocate or collocation means to install, mount, maintain, modify, operate, or replace a small wireless.facility on, under, within, or adjacent to an existing wireless support structure that is owned privately or by a local government unit. Commission means the State Public Utilities Commission Congested Right-of-Way means a crowded condition in the subsurface of the public right-of- way that occurs when the maximum lateral spacing between existing underground facilities does not allow for construction of new underground facilities without using hand digging to expose the existing lateral facilities in conformance with Minnesota Statutes section Section 216D.04. Subdivision 3 over a continuous length in excess of 500 feet Construction Performance Bond means a performance bond, or other form of security posted to ensure the availability of sufficient funds to assure that right-of-way excavation and obstruction work is completed in accordance with the terms of the right-of-way permit, or other applicable state law or local regulation. Degradation means a decrease in the useful life of the right-of-way caused by excavation in or disturbance of the richt-of-way, resulting in the need to reconstruct such right-of-way earlier than would be reguired if the excavation or disturbance did not occur. Degradation Cost subject to Minnesota Rules 7819 1100 means the cost to achieve a level of restoration, as determined by the city at the time the permit is issued not to exceed the maximum restoration shown in plates 1 to 13 set forth in Minnesota Rules parts 7819 9900 to 7819.9950. Degradation Fee means the estimated fee established at the time of permitting by the city to recover costs associated with the decrease in the useful life of the right-of-way caused by the excavation, and which equals the degradation cost Delay Penalty means the penalty imposed as a result of unreasonable delays in right-of-way construction. Department means the department of public works of the City Department Inspector means any person authorized by the director to carry out inspections related to the provisions of this ehapter-ordinance. Dir eie...,, t the n.dm City i n;.imfe,.a L,' designee. J `* � Developer means any person or entity seeking to develop vacant or occupied land for commercial,business or residential purposes by subdivision,re-development,platting, or reconstruction of existing improvements in whole or part. IDirector means the City Administrator or his or her designee 2 Cell Techn.Council Packet53 of 81 Page 74 of 202 Emergency means a condition that poses a clear and immediate danger to life or health, or of I a significant loss or damage to property or requires immediate repair or re lacen7 facilities in order to restore service to a customer. Equipment means any tangible asset used to install,repair, or maintain facilities in any right-of-way. Excavate means to dig into or in any way remove or physically disturb or penetrate any part of a right-of-way. Excavation permit means the permit which,pursuant to this ai4ieleordinance,must be obtained before a person may excavate in a right-of-way. An excavation permit allows the holder to excavate that part of the right-of-way described in such permit. Excavation permit fee means money paid to the City by an applicant to cover the costs as provided by ordinance or building code. Facility means any tangible asset in the right-of-way required to provide service. Five-year project plan shows projects adopted by the city for construction within the next five years. Local Representative means a local person, or designee of such person, authorized by a registrant to accept service and to make decisions for that registrant regarding all matters within the scope of this aitieleordinance. Management Costs means the actual costs the city incurs in managing its rights-of-way, including,but not limited to, such costs as those associated with registering applicants; issuing,processing, and verifying right-of-way permit applications; inspecting job sites and restoration projects; maintaining, supporting,protecting, or moving user facilities during right-of-way work; determining the adequacy of right-of-way restoration; restoring work inadequately performed after providing notice and the opportunity to correct the work; and revoking right-of-way permits. Management costs do not include payment by a telecommunications right-of-way user for the use of the right-of-way, the fees and cost of litigation relating to the interpretation of Minnesota Session Laws 1997 Chapter 123 Minnesota Statutes Sections 237.162 or 237.163, or any ordinance enacted under those sections, or the city fees and costs related to appeals taken pursuant to section 704.31 of this ordinance. Micro wireless facility means a small wireless facility that is no longer than twenty-four (24)inches long, fifteen(15)inches wide and twelve(12) inches high and whose exterior antenna, if any,is no longer than eleven(11)inches Obstruct means to place any tangible object in a right-of-way so as to hinder free and open passage over that or any part of the right-of-way. Obstruction Permit means the permit which,pursuant to this> eordinance,must be obtained before a person may obstruct a right-of-way, allowing the holder to hinder free and open passage over the specified portion of that right-of-way by placing equipment described therein on the right-of-way for the duration specified therein. Y Cell Techn.Council Packet54 of 81 Page 75 of 202 Obstruction Permit Fee means money paid to the City by a permittee to cover the city's management costs.E ast o pe -�., iId i „a „b b Patch or Patching means a method of pavement replacement that is temporary in nature. A patch consists of the compaction of the sub base and aggregate base, and the replacement, in kind, of the existing pavement for a minimum of two feet beyond the edges of the excavation in all directions. A patch is considered full restoration only when the pavement is included in the City's five-year project plan. Permit has the meaning_Lriven"right-of-wU permit" in Minnesota Statutes Section 237.162. Permittee means any person to whom a permit to excavate or obstruct a right-of-way has been granted by the City under this aordinance. Person means any natural person or corporation, business association or other business entity including,but not limited to, a partnership, a sole successor or assign of any of the foregoing,or any other legal entity. Probation means the status of a person that has not complied with the conditions of this aftieleordinance. Probationary Period means one year from the date that a person has been notified in writing that they have been put on probation. PUC means the state public utilities commission. Registrant means any person who has or seeks to have its equipment or facilities located in any right-of-way, or in any way occupies or uses, or seeks to occupy or use,the right-of- way or place its facilities in the right-of-way. Restoration Cost means the amount of money paid to the City by a permittee to achieve the level of restoration as required by the City. Restore or Restoration means the process by which a right-of-way is returned to the same condition and life expectancy that existed before excavation. Ri—aht-of-wav means the area on below, or above a public roadwaL highway, street cartway,bicycle lane or public sidewalk in which the city has an interest including other dedicated rijahts-of-way for travel purposes and utility easements of the city. A right-of-way does not include the airwaves above a right-of-way with regard to cellular or other non-wire telecommunications or broadcast service. I Right-of-Way Permit means either the excavation permitei-the obstruction permit, small- zuurrn ,s useyennit or_bethm combination thereof, I Cell Techn.Council Packet55 of 81 Page 76 of 202 depending on the context, required by this 84ieleordinance. Right-of-Way User means(1)a telecommunications right-of-way user as defined by Minnesota Statutes, section 237.162, subd. 4; or(2) a person owning or controlling a facility in the right-of-way that is used or intended to be used for providing _- service, and who has a right under law, franchise, or ordinance to use the public right-of-way. Service means and includes (1)those services provided by a public utility as defined in Minn. Stats. 216B.02, subds. 4 and 6; (2) services of a telecommunications right-of-way user, including transporting of voice or data information; (3)services of a cable communications system as defined in Minn. Stats. Chapter. 238.02, subd. 3; (4) natural gas or electric energy or telecommunications services provided by the City; (5) services provided by a cooperative electric association organized under Minn. Stats., Chapter 308A; and (6)water, and sewer, including service laterals, steam, cooling or heating services. Service Lateral means an underground facility that is used to transmit, distribute, or furnish gas, electricity, communications, or water from a common source to an end-use customer. The term "service lateral"also means an underground facility that is used in the removal of wastewater from a customer's premises. Small wireless facility means a wireless facility that meets both of the following qualifications: (1) each antenna is located inside an enclosure of no more than six cubic feet in volume or could fit within such an enclosure; and(2) all other wireless equipment associated with the small wireless facility provided such equipment is in aggregate,no more than twenty-eight(28)cubic feet in volume not including electric meters concealment elements, telecommunications demarcation boxes battery backup power systems, grounding equipment power transfer switches cutoff switches cable conduit vertical cable runs for the connection of power and other services and any equipment concealed from public view within or behind an existing structure or concealment Small-wireless-facility permit means the permit which pursuant to this article must be obtained before a person may install place maintain or operate a small wireless facility in a public right of way to provide wireless service A small-wireless-facility permit allows the holder to conduct such activities in that part of the right-of-way described in such permit A small-wireless-facility permit does not authorize (1)providing any service other than a wireless service, or(2)installation placement maintenance or operation of a wireline backhaul facility in the right of way. Small-Wireless-Facility Permit Fee means money paid to the cityby a permittee to cover management costs, and city engineering,make-ready, and construction costs associated with the installation of small wireless facilities. Supplementary Application means an application made to excavate or obstruct more of the I right-of-way than allowed in, or to extend or supply additional information to, a permit that had already been issued. I Cell Techn.Council Packet56 of 81 Page 77 of 202 Telecommunication Right-of-Way User means a person owning or controlling a facility in the right-of-way, or seeking to own or control a Facility in the right-of-way, which is used or is intended to be used for transporting telecommunication or other voice or data information. For purposes of this Section, a cable communication system defined and regulated under Minn. Stat. Chap. 238, and telecommunication activities related to providing natural gas or electric energy services whether provided by a public utility as defined in Minn. Stats. Sec. 216B.02, a municipality, a municipal gas or power agency organized under Minn. Stat. Chaps. 453 and 453A, or a cooperative electric association I organized under Minn. Stats. Chap. 308A, are not telecommunications right-of-way users for purooses of this ordinance extent to the extent such entity is offering wireless service. Unusable Facilities means facilities in the right-of-way which have remained unused for one year and for which the registrant is unable to provide proof that it has either a plan to begin using the facilities within the next 12 months or has a potential purchase or user of the facilities. Utility Permit means the permit which,pursuant to this section,must be obtained before a person may excavate in a right of way. A utility permit allows the holder to excavate that part of the right-of-way described in such permit. Wireless facility means equipment at a fixed location that enables the provision of wireless services between user equipment and a wireless service network including equipment associated with wireless service, a radio transceiver, antenna coaxial or fiber-optic cable regular and backup power supplies, and a small wireless facility,but not including wireless support structures,wireline backhaul facilities or cables between utility poles or wireless support structures,that are not otherwise immediately adiacent to and directly associated with a specific antenna. Wireless service means any service using licensed or unlicensed wireless spectrum including the use of Wi-Fi,whether at a fixed location or by means of a mobile device that is provided using wireless facilities. Wireless service does not include services re ug lated under Title VI of the Communications Act of 1934 as amended including cable service Wireless Support Structure means a new or existing structure in a public right of way designed to support or capable of supporting small wireless facilities, as reasonably determined by a local government unit. Wireless Telecommunication Facility means a tangible asset used to provide wireless telecommunication or data services, including all antennas, support devices, equipment including ground equipment, associated cables and attachments. Wireline backhaul facility means a facility used to transport communications data by wire from a wireless facility to a communications network. Sec. 704.04. Administration I Cell Techn.Council Packet57 of 81 Page 78 of 202 The City Administrator is the principal city official responsible for the administration of the rights-of-way,right-of-way permits and the ordinances related thereto The City Administrator may delegate any or all of the duties hereunder. 090F, iReludifig tEmspe4ing ef voiee OF data infeFmat4ea; (13) sef-viees of a cable eeffunw*ireatieffs systefa as defined in Mimeseta Statutes, ahapter-. a I foLffineseta Statutes, Chaptef 398A; and (6) water-, , ifieluding laterals, steam, tin or- tieatiRsen,ieses." Sec. 704.05. Permit Requirement. (a)Permit Required Except as otherwise provided in this Code,no person may obstruct or excavate any right-of-way without first having obtained the appropriate right-of-way permit from the director to do so. (1)Excavation Permit An excavation permit is required by a registrant to excavate that part of the right-of-way described in such permit and to hinder free and open passage over the specified portion of the right-of-way by placing facilities described therein,to the extent and for the duration specified therein. (2) Obstruction Permit. An obstruction permit is required by a registrant to hinder free and open passage over the specified portion of right-of-way by placing equipment described therein on the right-of-way,to the extent and for the duration specified therein. An obstruction permit is not required if a person already possesses a valid excavation permit for the same project. (3)Overhead Facilities. Permits for installation,repair or other work on above-ground facilities within the meaning of Minn. Stat. Section 237.163, sudb. 6(b)(4)will be obstruction permits, notwithstanding the need for excavation,provided the excavation is augured or hand dug for the purpose of placing a pole type structure. (4) Small wireless facility permit. A small-wireless-facility permit is required by a registrant to erect or install a wireless support structure to collocate a small wireless facility, or to otherwise install a small wireless facility in the specified portion or the right-of-way, to the extent specified therein provided that such permit shall remain in effect for the length of time the facility is in use unless lawfully revoked.No small-wireless-facility permit is re uired to solely conduct 1 routine maintenance of a small wireless facility' (2)replacement of a small wireless facility with a new facility that is substantially similar or smaller in size weight height and wind or structural loading than the small wireless facility being replaced• or(3)installation placement maintenance operation or replacement of micro wireless facilities that are suspended on cables strung between existing utility poles in compliance with national safety codes however, a service provider is required to make written notice of such activities to the city if the work will obstruct a public right of way issue or-deny the peffait within 90 days aftef the da;e a small wireless faeilivy appliesation is filed and deemed eemplete. The eity shall pr-eyide a written metiee of ineemplefeness te the appliean4 within 30 ate= of rept of the appheatinn ident f1` c all missing av ti a a L u Cell Techn.Council Packet58 of 81 Page 79 of 202 appliesawadequaw (5)Approval in Residential Districts Small wireless facilities and support structures located in residential districts shall require a public hearing recommendation of the Planning Commission and review by the City Council asspecified in Article 401.15.P.3 of this Code. (b)Permit Extensions. No person may excavate or obstruct the right-of-way beyond the date or dates specified in the permit unless such person makes a supplementary application for another right-of-way permit before the expiration of the initial permit, and a new permit or permit extension is granted. (c)Delay Penalty. Notwithstanding subsection(b)of this section,the City shall establish and impose a delay penalty for unreasonable delays in right-of-way excavation, obstruction,patching, or restoration. The delay penalty shall be established from time to time by City Council resolution. (d)Permit Display. Permits issued under this ordinance shall be conspicuously displayed or otherwise available at all times at the indicated work site and shall be available for inspection by the director or his designee. Sec. 704.06. Permit Auplications. Application for a permit is made to the city. The City requires a digital image file(pdf, ipR.etc.) and three hard conies of the plan for the permit Right-of-way permit applications shall contain, and will be considered complete only upon compliance with the requirements of the following provisions: (a)Registration with the city pursuant to this ordinance,• (b) Submission of a completed permit application form including all required attachments and scaled drawings showing the location and area of the proposed project and the location of all known existing and proposed facilities. (c)Payment of money due the city for: (1)permit fees, estimated restoration costs and other management costs,• (2)prior obstructions or excavations; (3) any undisputed loss, damage, or expense suffered by the city because of applicant's prior excavations or obstructions of the rights-of-way or any emergency actions taken by the cites (4)franchise fees or other charges if applicable (d)Payment of disputed amounts due the city by posting security or depositing in an escrow account an amount equal to at least 110% of the amount owing_ (e) Posting an additional or larger construction performance bond for additional facilities when applicant requests an excavation permit to install additional facilities and the city deems the existing construction performance bond inadequate under applicable standards 3ec. 704.07. Undergrounding. I 8 Cell Techn.Council Packet59 of 81 Page 80 of 202 Subd. 1. Purpose. The purpose of this section is to promote the health, safety and general welfare of the public and is intended to foster(i) safe travel over the right-of-way, (ii)non-travel related safety around homes and buildings where overhead feeds are connected and(iii)orderly development in the City consistent with its Comprehensive Plan, City Design Guidelines and City Council policies as adopted from time to time. Location and relocation, installation and reinstallation of Facilities in the right-of-way or in or on other public ground must be made in accordance with this section and is intended to be enforced consistently with state and federal law regulating right-of-way users,to the fullest extent of the City's statutory and common law authority. Subd.2. Undergrounding of Facilities. All Facilities newly installed, constructed or otherwise placed in the public right-of-way or in other public property held in common for public use must be located and maintained underground pursuant to the terms and conditions of this section and in accordance with applicable construction standards, subject to the exceptions below. Above-ground installation, construction,modification, or replacement of existing meters, gauges,transformers, street lighting,pad mount switches, capacitor banks,re-closers and service connection pedestals shall be allowed. These requirements shall apply equally outside of the corporate limits of the City coincident with City jurisdiction of platting, subdivision regulation or comprehensive planning as may now or in the future be allowed by law. Subd. 3. Undergrounding of Permanent Replacement,Relocated or Reconstructed Facilities. If the City finds that one or more of the purposes set forth in Section 704.0 40 subd. 1 would be promoted,the City may require a permanent replacement,relocation or reconstruction of a Facility to be located, and maintained underground, with due regard for seasonal working conditions. For purposes of this subdivision,reconstruction means any substantial repair or relocation of or any improvement to existing Facilities. Undergrounding may be required whether a replacement,relocation or reconstruction is initiated by the right-of-way user owning or operating the Facilities, or by the City in connection with (1)the present or future use by the City or other local government unit of the right-of-way or other public ground for a public project, (2)the public health or safety, or(3)the safety and convenience of travel over the right-of-way. Subject to Subdivision 4 below, all relocations from previously placed underground facilities shall be to another underground location. Subd.4. Exceptions to Undergrounding. The following exceptions to the strict application of this Subdivision shall be allowed upon the conditions stated: A. Technical/Economic Feasibility; Promotion of Policy. Above-ground installation, construction, or placement of Facilities shall be allowed in residential, commercial and industrial areas where the council, following consideration and recommendation by the planning commission, finds that: 1. Underground placement would place an undue financial burden upon the landowner or City ratepayers or would substantially deprive the landowner of the preservation and enjoyment of substantial property rights; or, 2. Underground placement is demonstrated to be not technically feasible due to topographical, subsoil or other existing conditions which adversely affect underground Facilities placement; or, 3. Failure to promote the purposes of undergrounding. The right-of-way user clearly and convincingly demonstrates that none of the purposes under Section 704.0 44, would be advanced by underground placement of Facilities on the project in 9 Cell Techn.Council Packet6O of 81 Page 81 of 202 question, or the City determines on its own review that undergrounding is not warranted based on the circumstances of the proposed undergrounding. B. Temporary Service. Above-ground installation, construction, or placement of temporary service lines shall only be allowed: 1. During new construction of any project for a period not to exceed three(3)months; 2. During an emergency in order to safeguard lives or property within the City; 3. For a period of not more than seven(7)months when soil conditions make excavation impractical. C. Facilities Subject to Minnesota Statutes, Sections 216B.243 and chapter216E. Facilities that are subject to certificate of need and siting and routing requirements of the Minnesota Public Utilities Commission are exempted from this section to the extent that the City's undergrounding authority is preempted by law. Subd. 5. Developer Responsibility. All owners of land, applicants seeking to plat real property, or developers seeking to develop and build upon land within the City are responsible for complying with the requirements of this Subdivision, and prior to final approval of any plat or development plan, shall submit to the Director written instruments from the appropriate right-of-way users showing that all necessary arrangements with said users for underground installation of such Facilities have been made. Sec. 704.8P08. Registration and Right-of-Way Occupancy. (a) Registration. Each person who occupies,uses, or seeks to occupy or use the right-of- way or place any equipment or facilities in or on the right-of-way, including persons with installation and maintenance responsibilities by lease, sublease or assignment,must register with the director. Registration will consist of providing application information and paying a registration fee. (b) Registration prior to work. No person may construct, install,repair,remove,relocate, or perform any other work on, or use any facilities or any part thereof in any right-of-way without first being registered with the director. (c) Exceptions. Nothing herein shall be construed to repeal or amend the provisions of a City ordinance permitting persons to plant or maintain boulevard plantings or gardens in the area of the right-of-way between their property and the street curb. Persons planting or maintaining boulevard plantings or gardens shall not be deemed to use or occupy the right-of-way, and shall not be required to obtain any permits under this artieleord e or satisfy any other requirements for planting or maintaining such boulevard plantings or gardens under this aeordinance. h�, complying with the provisions of the Minn. Stat. Chap 216D Gopher One Call Law, or other provisions of City Code. Sec. 704.8509. Registration Information. I Cell Techn.Council Packet61 of 81 Page 82 of 202 (a) Information required. The information provided to the director at the time of registration shall include, but not be limited to: (1)Each registrant's name, Gopher One Call registration certificate number, address and e-mail address, if applicable, and telephone and facsimile numbers. (2)The name, address and e-mail address, if applicable, and telephone and facsimile numbers of a local representative. The local representative or designee shall be available at all times. Current information regarding how to contact the local representative in an emergency shall be provided at the time of registration. (3)A certificate of insurance or self-insurance: a. Verifying that an insurance policy has been issued to the registrant by an insurance company licensed to do business in the State of Minnesota, or a form of self- insurance acceptable to the director; b. Verifying that the registrant is insured against claims for personal injury, including death, as well as claims for property damage arising out of the use and occupancy of the right-of-way by the registrant,its officers, agents, employees and permittees, and placement and use of facilities and equipment in the right-of-way by the registrant, its officers, agents, employees and permittees,including,but not limited to,protection against liability arising from completed operations, damage of underground facilities and collapse of property; c.Naming the City as an additional insured as to whom the coverages required herein are in force and applicable and for whom defense will be provided as to all such coverages; d. Requiring that the director be notified 30 days in advance of cancellation of the policy or material modification of a coverage term; e. Indicating comprehensive liability coverage, automobile liability coverage, workers compensation and umbrella coverage established by the director in amounts sufficient to protect the City and the public and to carry out the purposes and policies of this ftieordinallce. (4)The City may require a copy of the insurance policies. (5) If the person is a corporation, a copy of the certificate of corporation that has been recorded and certified to by the secretary of state pursuant to state statutes. (6)A copy of the person's order granting a certificate of authority from the state public utilities commission or other applicable state or federal agency, where the person is lawfully required to have such certificate from said commission or other state or federal agency. (b) Notice of changes. The registrant shall keep all of the information listed in subsection (a)of this section current at all times by providing to the director information as to changes within 15 days following the date on which the registrant has knowledge of any Cell Techn.Council Packet62 of 81 Page 83 of 202 change. Sec. 704. . .. 10. Reporting Obligations. (a) Operations. (1) Each registrant shall, at the time of registration and by December 1 of each year, file a construction and major maintenance plan for underground facilities with the director. Such plan shall be submitted using a format designated by the director and shall contain the information determined by the director to be necessary to facilitate the coordination and reduction in the frequency of excavations and obstructions of rights-of-way. (2) The plan shall include,but not be limited to, the following information: a. The locations and the estimated beginning and ending dates of all projects to be commenced during the next calendar year(in this section, a"next-year project"); and b. To the extent known,the tentative locations and estimated beginning and ending dates for all projects contemplated for the five years following the next calendar year(in this section, a"five-year project"). The term "project" in this section shall include both next-year projects and five- year projects. By January 1 of each year the director will have available for inspection in the director's office a composite list of all projects of which the director has been informed in the annual plans. All registrants are responsible for keeping themselves informed of the current status of this list. Thereafter, by February 1, each registrant may change any project in its list of next-year projects, and must notify the director and all other registrants of all such changes in said list. Notwithstanding the foregoing, a registrant may, at any time, join in a next-year project of another registrant listed by the other registrant. (b) Additional next-year projects. Notwithstanding the foregoing,the director will not deny an application for a right-of-way permit for failure to include a project in a plan submitted to the City if the registrant has used commercially reasonable efforts to anticipate and plan for the project. Sec. 704.4-0 . Issuance of Permit; Conditions. Subd. 1. Permit Issuance. If the applicant has satisfied the requirements of this elapxer-ordinance, the city shall issue-a-pe _ (a) an excavation or obstruction permit within five(5)business days (b) a Small-Wireless-Facilities permit within ninety(90)dam 12 Cell Techn.Council P cket63 of 81 Page 84 of 202 Subd.2. Conditions. The city may impose reasonable conditions upon the issuance of the permit and the performance of the applicant thereunder to protect the health, safety and welfare or when necessary to protect the right-of-way and its current use._In addition, a vermitee shall comply with all requirements of local, state, and federal laws, including but not limited to Minn Stat H216D O1- 09 (Gopher One Call Excavation Notice System) and Minn R ch 7560 Subd.3.Small wireless facility conditions. In addition to subd (2) the erection or installation of a wireless support structure,the collocation of a small wireless facility or other installation of a small wireless facility in the right-of-way shall be subject to the following conditions: (a)A small wireless facility shall only be collocated on the particular wireless support structure under those attachment specifications and at the height indicated in the applicable permit application (b)No new wireless support structure installed within the right-of-way shall exceed fifty(50) feet in height without the city's written authorization provided that the city may impose a lower height limit in the applicable permit to protect the public health, safety and welfare or to protect the right-of-way and its current use, and further provided that a registrant may replace an existing wireless support structure exceeding fifty(50) feet in height with a structure of the same height subject to such conditions or requirements as may be imposed in the applicable permit (c)No wireless facility may extend more than ten 0 0) feet above its wireless support structure (d)Where an applicant proposes to install a new wireless support structure in the right-of-way, the city may impose separation requirements between such structure and existing wireless support structure or other facilities in and around the right-of-way. (e)Where an applicant proposes collocation on a decorative wireless support structure sign or other structure not intended to support small wireless facilities the city may impose reasonable requirements to accommodate the particular design appearance or intended purpose of such structure (fl Where an applicant proposes to replace a wireless support structure the city may impose reasonable restocking,rg lacement or relocation re uirements on the re lacement of such structure. Subd.4.Small wireless facility agreement.A small wireless facility permit shall only be issued after the applicant has executed a standard small wireless facility collocation and lease agreement with the city. The standard collocation agreement may require payment of the following (a)Up to $150 per year for rent to collocate on the city structure,• (b) $25 per year for maintenance associated with the collocation; (c)If the provider obtains electrical service through the city, a monthly fee for electrical service as follows: (1) $73 per radio node less than or equal to 100 maximum watts,• (2) $182 per radio node over 100 maximum watts,• or (3)the actual costs of electricity, if the actual cost exceed the foregoing. Cell Techn.Council Packet64 of 81 Page 85 of 202 The standard collocation agreement shall be in addition to and no in lieu of the required small wireless facility permit provided,however,that the applicant shall not be additionally required to obtain a license or franchise in order to collocate. Issuance of a small wireless facility permit does not supersede alter,or affect any then-existing agreement between the city and applicant Sec. 704.12. Action on Small-Wireless-Facility Permit Applications Subd. 1.Deadline for action. The city shall approve or deny a small wireless facility permit application within ninety(90)days after filing of such application The small wireless facility permit and any associated building permit application shall be deemed approved if the city fails to approve or deny the application within the review periods established in this section Subd.2. Consolidated applications An annlicant may file a consolidated small wireless facility permit Mplication addressing the proposed collocation of up to fifteen(15) small wireless facilities or a greater number if agreed to by a local government unit provided that all small wireless facilities in the application: (a) are located within a two-mile radius,• (b)consist of substantially similar equipment• and (c) are to be placed on similar types of wireless support structures In rendering a decision on a consolidated permit application the city may approve some small wireless facilities and deny others, but may not use denial of one or more permits as a basis to deny all small wireless facilities in the application Subd.3. Tolling of Deadline. The 90-day deadline for action on a small wireless facility permit application may be tolled if: (a) The city receives applications from one or more applicants seeking approval of permits for more than thirty(30) small wireless facilities within a seven(7) day period In such cases the city may extend the deadline for all such applications by thirty(30)days by informing the affected applicants in writing of such extension. (b)The applicant fails to submit all required documents or information and the city provides written notice of incompleteness with specificity as to the missing information to the applicant within thirty (30)days of receipt of the application Upon submission of additional documents or information the city shall have ten(10) days to notify the applicant in writing of any still-missing information (c)The city and small wireless facility applicant agree in writing to toll the review period I Sec. 704.44 Permit Fees. [Note: Sample fee schedules included in the appendix; also note that Minn.Rule 7819.1000 establishes requirements for establishing fees.] Subd. 1. Excavation Permit Fee. The city shall establish an Excavation permit fee in an amount sufficient to recover the following costs: (a)the city management costs; 14 I Cell Techn.Council P cket65 of 81 Page 86 of 202 (b)degradation costs, if applicable. (c) escrow fee to secure the payment of City"out of pocket" expenses. Subd.2. Obstruction Permit Fee. The city shall establish the obstruction permit fee and shall be in an amount sufficient to recover the city management costs. Subd.3.Small wireless facility permit fee The city shall impose a small wireless facility permit fee in an amount sufficient to recover: (a)management costs, and; (b)city engineering,make-ready, and construction costs associated with collocation of small wireless facilities.Subd. 3. Pole Attaehment Fee. The eit , shall establish the i a#a0jiment fee Subd.4. Payment of Permit Fees. No excavation permit-a-obstruction permit, or small-wireless- facility permit fia:*. l use pefmit shall be issued without payment of exeak,afien of ehstencorresponding permit fees. The city may allow applicant to pay such fees within thirty(30) days of billing. Subd. 5. Non Refundable. Permit fees that were paid for a permit that the city has revoked for a breach as stated in Section 4-.2-2-704.23 are not refundable. Subd. 6. Application to Franchises Unless otherwise agreed to in a franchise,management costs may be charged separately from and in addition to the franchise fees imposed on a right-of-way user in the franchise. Subd. 7. Fee Amounts All fee amounts are located in the City's Master Fee Schedule Ordinance 102 E Sec. 704.4214. Right-of-Way Patching and Restoration. Subd. 1. Timing. The work to be done under the excavation permit, and the patching and restoration of the right-of-way as required herein, must be completed within the dates specified in the permit, increased by as many days as work could not be done because of circumstances beyond the control of the permittee or when work was prohibited as unseasonal or unreasonable under Section 4-44704.17. Subd. 2. Patch and Restoration. Permittee shall patch its own work. The city may choose either to have the permittee restore the right-of-way or to restore the right-of-way itself. (a) City Restoration. If the city elects to restores the right-of-way,permittee shall make the restoration and pay the costs thereof within thirty(30)days of billing. If, following such restoration,the pavement settles due to permittee's improper backfilling,the permittee shall pay to the city,within thirty(30)days of billing, all costs associated with correcting the defective work. (b)Permittee Restoration. If the permittee restores the right-of-way itself, it shall at the time of application for an excavation permit post a construction performance bond in accordance with the provisions of Minnesota Rule 7819.3000. (c)Degradation Fee in Lieu of Restoration. In lieu of right-of-way restoration, a right-of-way Cell Techn.Council Packet66 of 81 Page 87 of 202 user may elect to pay a degradation fee. However, the right-of-way user shall remain responsible for patching and the degradation fee shall not include the cost to accomplish these responsibilities. Subd.3. Standards. The permittee shall nerfnrm i-Tewnt;nn hnArf111;-- patching and restoration according to the standards and with the materials specified by the city and shall comply with Minnesota Rule 7819.1100. Subd. 4. Duty to Correct Defects The permittee shall correct defects in patching or restoration performed by permittee or its agents. The permittee upon notification from the city, shall correct all restoration work to the extent necessary,using the method required by the city. Said work shall be completed within five(5) calendar days of the receipt of the notice from the city,not including days during which work cannot be done because of circumstances constituting force majeure or days when work is prohibited as unseasonable or unreasonable under Section 1-.4-6704.17. Subd.5. Failure to Restore. If the permittee fails to restore the right-of-way in the manner and to the condition required by the city, or fails to satisfactorily and timely complete all restoration required by the city, the city at its option may do such work. In that event the permittee shall pay to the city, within thirty (30) days of billing, the cost of restoring the right-of-way. If permittee fails to pay as required,the city may exercise its rights under the construction performance bond. Subd 6. Installation of Tracer Wire. Utilities installed in the right-of-way shall be completely marked with a tracer wire placed directly above or in conjunction with the installed utility at the developer's expense. Burial depth shall be within 6 to 18 inches of final grade. In addition,the termination points where the utility crosses in,to and out of the right-of-way shall have buried pins or markers, both of which shall be detectable with a magnetic locator. At least one of these markers shall be a tracer wire access box with termination points for the tracer wire. A minimum of 12 inches of tracer wire shall be accessible above the termination box upon removal of the tracer wire access box cap. Tie points to permanent structures shall be submitted and GPS coordinates in the Washington County Coordinate system shall be supplied. Acceptable tracer wire and termination boxes shall be the following or equivalent as determined by the City. • Direct Burial#12 AWG Solid(.0808"diameter), steel core soft drawn high strength tracer wire, 380#average tensile break load, 30 mil high molecular weight-high density color coded polyethylene jacket complying with ASTM-D-1248, 30 volt rating. • Valvco cast iron head Tracer Wire Access box Access box shall be placed near final grade with no more than a layer of sod above the access cap. If water and sewer are in a common trench, a single tracer wire access box may be used above the water line with details on the tie card of the offset to the sewer pin and the sewer trace wire following the right of way border to the location pin for the sewer line. A written plan and sketch shall be submitted prior to installation identifying the location and mitigation measure that will be required. A deposit of$1000 shall be held by the City of Oak Park Heights until compliance with location requirements are met. Additional deposits will be required and held by the City of Oak Park Heights for any project which has the potential to impact City owned infrastructure. This includes any cuts or borings in,to, or under city streets, trails or storm drainage areas. This may, at the City's discretion, also be required when equipment will be traversing city infrastructure. A separate permit for utility tie-in and inspections is required for connections to existing City of Oak Park Heights utilities. All utility access charges must be current before a permit for connection will be issued. Cell Techn.Council P cket67 of 81 Page 88 of 202 Complex connections involving items such as wet taps, looped lines, fire flow lines,new wyes, or shut off of services will incur additional costs. Sec. 704.4-4- 15. Joint Applications. Subd. 1. Joint application. Registrants may jointly apply for permits to excavate or obstruct the right- of-way at the same place and time. Subd. 2. Shared fees. Registrants who apply for permits for the same obstruction or excavation,which the city does not perform, may share in the payment of the obstruction or excavation permit fee. In order to obtain a joint permit,registrants must agree among themselves as to the portion each will pay and indicate the same on their applications. Subd.3. With city projects. Registrants who join in a scheduled obstruction or excavation performed by the city,whether or not it is a joint application by two or more registrants or a single application, are not required to pay the excavation or obstruction and degradation portions of the permit fee,but a permit would still be required. Sec. 704.4-416. Supplementary Applications. Subd. 1. Limitation on Area. A right-of-way permit is valid only for the area of the right-of-way specified in the permit. No permittee may do any work outside the area specified in the hermit_ excPnt ac provided herein. Any permittee which determines that an area greater than that specified in the permit must be obstructed or excavated must before working in that greater area(i)make application for a permit extension and pay any additional fees required thereby, and(ii)be granted a new permit or permit extension. Subd.2. Limitation on Dates. A right-of-way permit is valid only for the dates specified in the permit. No permittee may begin its work before the permit start date or, except as provided herein, continue working after the end date. If a permittee does not finish the work by the permit end date, it must apply for a new permit for the additional time it needs, and receive the new permit or an extension of the old permit before working after the end date of the previous permit. This supplementary application must be submitted before the permit end date. Sec. 704.1-5417. Other Obligations. Subd. 1. Compliance With Other Laws. Obtaining a right-of-way permit does not relieve permittee of its duty to obtain all other necessary permits, licenses, and authority and to pay all fees required by the city or other applicable rule, law or regulation. A permittee shall comply with all requirements of local, state and federal laws, including but not limited to Minnesota Statutes, Section 2161).01-.09 (Gopher One Call Excavation Notice System) and Minnesota Rules Chapter 7560. A permittee shall perform all work in conformance with all applicable codes and established rules and regulations, and is responsible for all work done in the right-of-way pursuant to its permit,regardless of who does the work. Subd.2. Prohibited Work Except in an emergency, and with the approval of the city,no right-of-way obstruction or excavation may be done when seasonally prohibited or when conditions are unreasonable for such work. Subd.3. Interference with Right-of-Way. A permittee shall not so obstruct a right-of-way that the 17 Cell Techn.Council Packet68 of 81 Page 89 of 202 natural free and clear passage of water through the gutters or other waterways shall be interfered with. Private vehicles of those doing work in the right-of-way may not be parked within or next to a permit area, unless parked in conformance with city parking regulations. The loading or unloading of trucks must be done solely within the defined permit area unless specifically authorized by the permit. Subd.4. Trenchless Excavation. As a condition of all applicable permits,permittees employing trenchless excavation methods, including but not limited to Horizontal Directional Drilling, shall follow all requirements set forth in Minnesota Statutes, Chapter 216D and Minnesota Rules Chapter 7560, and shall require potholing or open cutting over existing underground utilities before excavating, as determined by the director. Sec. 704.4418. Denial of Permit. Subd. 1.Reasons for Denial. The city may deny a permit for failure to meet the requirements and conditions of this chapterarticle or if the city determines that the denial is necessary to protect the health safety, and welfare or when necessary to protect the right-of-way and its current use and future uses The city may deny a permit if the utility has failed to comply with previous permit conditions The cily may withhold issuance of a permit until the applicant is in compliance with the conditions of a previous permit. Subd. 2.Procedural Requirements. The denial of a right of way permit must be made in writing and must document the basis for the denial. The city must notify the applicant or right-of-way user in writing within three(3)business days of the decision to deny a permit If an application is denied the right-of- way i hg t of way user may cure the deficiencies identified by the city and resubmit its application If the application is resubmitted within thirty(30)days of receipt of the notice of denial no additional application fee shall be imposed. The city must approve or deny the resubmitted application within thirty(30) da s after submission. T1 e:+..r. ,.ae.,-, , ,.- + :,..«e+. . .+L - - and - -r.t .- health, safety, and welfare 0 when to .. Y feteet the Fight of way and its etiffew use. Sec. 704. 19. Installation Requirements. Subd. 1. General Installation Requirements. The excavation,backfilling,patching and restoration, and all other work performed in the right-of-way shall be done in conformance with Minnesota Rules 7819.1100 and 7819.5000 and other applicable local requirements, in so far as they are not inconsistent with the Minnesota Statutes, Sections 237.162 and 237.163. Installation of service laterals shall be performed in accordance with Minnesota Rules Chapter 7560 and these ordinances. Service lateral installation is further subject to those requirements and conditions set forth by the city in the applicable permits and/or agreements referenced in Section 4-.2-3704.24 subd. 2 of this ordinance. hall be- nt the 4' tl , (a). Ptirp Fse. The cit-y desjj- s bj.gh g!!alit ",ir-elesscn sen eesto accommoc'late4he rh'- 4 St.• .L.., l'tlaets that wireless Teleeommupita-ationfacilities can have on aesthe-ties d t,t' safety. Q e-to the ffla"N' sei-,'iees that ffiest be delivered Ajthin its ]JfliJtL-,d area the eit"�Pjsa5tr-ives to avoid 1 18 Cell Techn.Council Packet69 of 81 Page 90 of 202 f „,a„ Th + atlj eless n �trst: 6- -kiFa�y�xcmvxiriY --fieems. r u he of ,-ded by r' oir rirlii c perdilcrrgbf 0 ted OE -�te the laek of siting aftematives in the immediate vie-i4jify. ht of•. 1oeatiens aye—availabfie, wii-eless ro a 1equipmem-will be aljo cly i the public i-ight of way subject to the tS Of•th;S SeOIJ.,„ ,,,high . ++ + t rl health ..ft., mid - _lr_.-_ /�3) 1�77f3�F3�c-t��r��nl�arrri/n' t' �' 7 1. ..rr 1 7rL'i3S�r3t� t�E6 / !4 r th-t cotp,lw with the following fecl„ .,„th r+ h ,l -- t'll� l '' j o E)f'a hall at e,r ,l above;he+ f•+l- r' la t hl' Utility + t h 1 + 1 lcrrl t the- pt j r�rrr i�orckcc4c Tnc ,,Hi „+;l;r.,,,�foiettwe height a!j thP�-1'f�,l� ex �Ti�'�Trutr+t-ttl- `1C--dYtx• mt-,tol TkjP-!'k less teleeomffitipieatioii fuv'1'r , Shall + 1. 1�!-g , �-rmh.aii Six eubie-feet in ry olu fid shall have- no ipd4' 7 1 f 1 +l- f Ret (111 Tlie ler teleSnn r ,shall ,,.,t extend ,,,+.,,a,•,l f;-„ - rl-o t alcor wwci err-,tll-1 thereofv mefe than two andone 1 1''fa+ }+1 + +efffla One , _,r• peh ltl vimizct� 1 r ,a - additional t of ai (51 Thei1�1 t@leeefflmuniealion 4 ;l;t al all 1,, 10 flg --- - - �uttht+, la d afl ,l n .hr f u v ,a (rll T.1, !,#ait•Rloss lelnenn, t' f '1't ..1a11 „t .,teff sofatneaiionsand shall meet t3@ rccrcirrcxixcrxcsoi this eovc �- be Femoved and f:e `•'+�"�rcivr L'e�9-inc--Pio3�'-1 o�9rrs-o�cC��cni�1-z� - (�41 lbP mTil-anus teleeeffimenieation fn ;l:t. „hall g 1.1 1, 1; 1 + - - ti F. -�o 4rYci2-nllhi-1'C + 1 r�I�tIFiFYllt�and shall not tl f ill 19 Cell Techn.Council Packet70 of 81 Page 91 of 202 :rrx rr err i}H+ht7fw�cuiriF}F7i2�2� less r 1 +' f' 1'r' tl r 1 r�Zrrmrrccrrrv-rx'zcrc,Cfx'crcs-[n'crstippoc-x-czTm-r'cit�.`c „-t .tet.-, a StFUC4rre-h@ Tr OF!hat ztuv c9rvucEi-rc'crrcad h 1' t 't fell -r l - le ntt.,.-hment h ewavnt;eflpe-i ;+ (1)The annl;eunt sha44 ' ; , t r to the n+;c•faet ,.ftl,e Tl; eet -,7 ee tl- r Xie i} irk FFc� 'oFTlkin xxc craarrci xxrric vitrci3rH{3vsva 1E)earrvx3 — The h ����� R�-�zrc-rc1nrcrccrrrcrrr r�crvl'�n� r ..1 .7' 1' l,t cl afld 11 +1--- alta-' „1•.1;,„r;l;♦ ...r,- et,,,-e b ME)Fetl- - r - fit ll- the height of-a�� has hee., ingeased , n,7e.-rho the height r hll r 1. f --1- i ' va czr etef shall r , ,7 the t' t-l' +'1'r , by (4) The wij-eless - -- -- ,r k;l;tshall -of e xtegd o„t,T.aFd f:-om the,-,.l.lie t;l:+ ,-„ .. „ rrr,,,-o l,y rl, r feet. (5) 1f feasible and desix l l 7 r i 7 by the Tl;, ..t E)fa xcG-irTCTc�3iucc�rrcr3tiperldirc tH r-ei�iv�- (6) The Wifeless ,.7 �7,,i�7 u eation amu` �h„I1 „+,.�to,-f,.7 `o n unign-atioRs a-131Y-s�i-itt'l meet!he�equiiczrrcxnS-6 eeEle, ^- � 130je- attz}elUliefit OF eXCaN'3ti-rvn 13cnnx+ -v� r-a wifeless teleevmrr ufiie tion ircii-rtc'Y that has gFFlllnrl M01114@-1 Pn,,;n« t will t ,7 „l�;f'the ' l,, f: ,7 rh f 11 y,�--� - � iJS uiix�”-cnrl��lte�-l:Fai #Ynasrnv�vrxv vvzxr� ;11 ..,.t .7:.,«..„t t,-.,f'+:.. . deStFiai3 ciTcrriixizvz3 t, ,;I1 ,,.)t e onto nfot„hn, ,-7• (717)Thly-1Aeat:n: r . +S g.fl. n l; o,-r ,7 �,','vY"4-tr,'y-+iT'�cr M N c:, :11 not n.7, e el ..r of the Meet the WI F -f -. N ul t ,7 ,7 (i) Reset hark a m; of-ten re- rem rl-.p In o,7 ;,7e„e,7 tb!5 „f r;;� B r f c•�1��'c�icriirrcd nrvrn�acax^rriic ov mI1 1 }n f'rl (iiil Be es baek f<n foot fom the -- opt ,nt ,tet;fig l-t „f mcrrc f 330 feet Hilless the-e�lpme*t is , laee,7 , .,70.............7. — �.^^''.}� ��� 7� �] ele xxtr asseei r ed with tho wixeicoS -C7'TiA �eilit'�RYl be limited to 2 eL4,6-LGGC7�3-' l t outside the In e 7 7e e 7 hl, Yhr f Cell Techn.Council Packet71 of 81 Page 92 of 202 shall eonfemi w44 the r- )f t#iQEede; !2e j2i-evid al-Ound the G41.ound n] t ,-,, ;f do ,7 L, tix�zv-rrc"�cr�r-vcSigrr0e- r• c ec lta.4 ],hjPPt fR the prav liens pef See. 704z5 t I�Flmtnlltli�ltinn faeilifies is allowed, 1, ,t x4..,11 „t exeeed &g! L ern ley@!to the r-e 014S Of thiS Se6tjEffl. The fexn� AE tel n 01.15.-P t> a C�i r i�(:Ls. hi addition to the pei:mit fees outlined in S ee. 70 4.1� fbg qj!!-§§en,es the 1-joIH-0 ehaf-ges -flowed tindei-state laA,. Tc�ccomn'r'm�rcuti�vrrnrc cTacrs-shall be Tcsponsible roi Pa[rl-1-len-t of pi-ey.efty ta)(es art-'L r l 1 t thei o nt ia the bli ,,.'4,+ ,. Sec. 704.182 .. Inspection. Subd. 1. Notice of Completion. When the work under any permit hereunder is completed,the permittee shall furnish a completion certificate in accordance Minnesota Rule 7819.1300. At the request of the Director, the permittee shall at their own expense provide a video-tape(televise)of all newly installed infrastructure. Subd.2. Site Inspection. Permittee shall make the work-site available to the city and to all others as authorized by law for inspection at all reasonable times during the execution of and upon completion of the work. Subd 3. Authority of Director. (a)At the time of inspection,the director may order the immediate cessation of any work which poses a serious threat to the life,health, safety or well-being of the public. (b) The director may issue an order to the permittee for any work that does not conform to the terms of the permit or other applicable standards, conditions, or codes. The order shall state that failure to correct the violation will be cause for revocation of the permit. Within ten(10)days after issuance of the order, the permittee shall present proof to the director that the violation has been corrected. If such proof has not been presented within the required time, the director may revoke the permit pursuant to Sec. 1.22. Sec. 704.4121. Work Done Without a Permit. Subd. 1. Emergency Situations. Each registrant shall immediately notify the director of any event regarding its facilities that it considers to be an emergency. The registrant may proceed to take whatever actions are necessary to respond to the emergency. Excavators' notification to Gopher State One Call regarding an emergency situation does not fulfill this requirement. Within two (2)business days after the occurrence of the emergency,the registrant shall apply for the necessary permits,pay the fees associated tTherewith, and fulfill the rest of the requirements necessary to bring itself into compliance with this ehapterordinance for the actions it took in response to the emergency. 21 Cell Techn.Council Packet72 of 81 Page 93 of 202 If the city becomes aware of an emergency regarding a registrant's facilities,the city will attempt to contact the local representative of each registrant affected, or potentially affected,by the emergency. In any event, the city may take whatever action it deems necessary to respond to the emergency, the cost of which shall be borne by the registrant whose facilities occasioned the emergency. Subd.2. Non Emergency Situations Except in an emergency, any person who,without first having obtained the necessary permit, obstructs or excavates a right-of-way must subsequently obtain a permit and, as a penalty,pay double the normal fee for said permit,pay double all the other fees required by the city code, deposit with the city the fees necessary to correct any damage to the right-of-way, and comply with all of the requirements of this ehaptefordinance. Sec. 7A4704.3022. Supplementary Notification. If the obstruction or excavation of the right-of-way begins later or ends sooner than the date given on the permit,permittee shall notify the city of the accurate information as soon as this information is known. Sec. 704.2423. Revocation of Permits. Subd. 1. Substantial Breach. The city reserves its right, as provided herein,to revoke any right-of-way permit without a fee refund, if there is a substantial breach of the terms and conditions of any statute, ordinance, rule or regulation, or any material condition of the permit. A substantial breach by permittee shall include,but shall not be limited to, the following: (a)The violation of any material provision of the right-of-way permit; (b)An evasion or attempt to evade any material provision of the right-of-way permit, or the perpetration or attempt to perpetrate any fraud or deceit upon the city or its citizens; (c)Any material misrepresentation of fact in the application for a right-of-way permit; (d)The failure to complete the work in a timely manner,unless a permit extension is obtained or unless the failure to complete work is due to reasons beyond the permittee's control; or (e)The failure to correct, in a timely manner, work that does not conform to a condition indicated on an order issued pursuant to Sec. 1.19. Subd.2. Written Notice of Breach. If the city determines that the permittee has committed a substantial breach of a term or condition of any statute, ordinance,rule,regulation or any condition of the permit, I the city shall follow the nrocedum, ''ema~d apen-thePeFffliaee to Femady sueh v4o Mien—. The demand shall state that continued violations may be cause for revocation of the permit. A substantial breach, as stated above, will allow the City, at its discretion,to place additional or revised conditions on the permit to mitigate and remedy the breach. Subd.3. Response to Notice of Breach. Within twenty-four(24)hours of receiving notification of the breach,permittee shall provide the city with a plan, acceptable to the City,that will cure the breach. The permittee's failure to so contact the city, or permittee's failure to timely submit an acceptable plan, or I Cell Techn.Council Packet73 of 81 Page 94 of 202 permittee's failure to reasonably implement the approved plan, shall be cause for immediate revocation of the permit. Further,permittee's failure to so contact the City, or permittee's failure to submit an acceptable plan, or permittee's failure to reasonably implement the approved plan, shall automatically Dlace the nermittee an nroh,96on for one.(1) fi,,11 vaar Subd.4. Cause for Probation. From time to time,the city may establish a list of conditions of the permit,which if breached will automatically place the permittee on probation for one full year, such as, but not limited to,working out of the allotted time period or working on right-of-way grossly outside of the permit authorization. Subd. 5. Automatic Revocation. If a permittee, while on probation, commits a breach as outlined above,permittee's permit will automatically be revoked and permittee will not be allowed further permits for one full year, except for emergency repairs. Subd. 6. Reimbursement of city costs. If a permit is revoked,the permittee shall also reimburse the city for the city's reasonable costs, including restoration costs and the costs of collection and reasonable attorneys'fees incurred in connection with such revocation. Sec. 704.224. Mapping Data. Subd. 1. Information Required Each registrant and permittee shall provide mapping information at their expense as required by the city in accordance with Minnesota Rules 7819.4000 and 7819.4100. Within ninety(90)days following completion of any work pursuant to a permit, the permittee shall provide the director accurate maps and drawings certifying the"as-built" location of all equipment installed, owed and maintained by the permittee. Such maps and drawings shall include the horizontal and vertical location of all facilities and equipment and shall be provided consistent with the city's electronic mapping system, when practical or as a condition imposed by the director. Failure to provide maps and drawings pursuant to this subsection shall be grounds for revoking the permit holder's registration and the withholding of any escrow funds. Subd.2. Service Laterals. All permits issued for the installation or repair of service laterals,other than minor repairs as defined in Minnesota Rules 7560.0150 subpart 2, shall require the permittee's use of appropriate means of establishing the horizontal locations of installed service laterals, and the service lateral vertical locations in those cases where the director reasonably requires it. Permittees or their subcontractors shall submit to the director evidence satisfactory to the director of the installed service lateral locations. Compliance with this subdivision 2 and with applicable Gopher State One Call law and Minnesota Rules governing service laterals install after December 31, 2005, shall be a condition of any city approval necessary for 1)payments to contractors working on a public improvement project including those under Minnesota Statutes, Chapter 429, and 2)city approval of performance under development agreements, or other subdivision or site plan approval under Minnesota Statutes, Chapter 462. The director shall reasonably determine the appropriate method of providing such information to the city. Failure to provide prompt and accurate information on the service laterals installed may result in the revocation of the permit issued for the work or for future permits to the offending permittee or its subcontractors Also see Sec 1.13. Sec. 704.= Location and Relocation of Facilities. Cell Techn.Council Packet74 of 81 Page 95 of 202 Subd. 1. Placement, location, and relocation of facilities must comply with the Act, with other applicable law, and with Minnesota Rules 7819.3100, 7819.5000 and 7819.5 100,to the extent the rules do not limit authority otherwise available to cities. See 1008.040. Subd. 2. Corridors. The city may assign a specific area within the right-of-way, or any particular segment thereof as may be necessary, for each type of facilities that is or,pursuant to current technology, the city expects will someday be located within the right-of-way. All excavation, obstruction, or other permits issued by the city involving the installation or replacement of facilities shall designate the proper corridor for the facilities at issue. Any registrant who has facilities in the right-of-way in a position at variance with the corridors established by the city shall,no later than at the time of the next reconstruction or excavation of the area where the facilities are located,move the facilities to the assigned position within the right-of-way, unless this requirement is waived by the city for good cause shown,upon consideration of such factors as the remaining economic life of the facilities,public safety, customer service needs and hardship to the registrant. Subd.3. Nuisance. One year after the passage of this e-1 &pterordinance, any facilities found in a right- of-way that have not been registered shall be deemed to be a nuisance. The city may exercise any remedies or rights it has at law or in equity, including,but not limited to, abating the nuisance or taking possession of the facilities and restoring the right-of-way to a useable condition. Subd.4. Limitation of Space. To protect health, safety, and welfare, or when necessary to protect the right-of-way and its current use, the city shall have the power to prohibit or limit the placement of new or additional facilities within the right-of-way. In making such decisions,the city shall strive to the extent possible to accommodate all existing and potential users of the right-of-way,but shall be guided primarily by considerations of the public interest, the public's needs for the particular utility service,the condition of the right-of-way, the time of year with respect to essential utilities, the protection of existing facilities in the right-of-way, and future city plans for public improvements and development projects which have been determined to be in the public interest. Sec. 704. 26 Pre-excavation Facilities Location. In addition to complying with the requirements of Minn. Stat. 216D.01-.09 ("One Call Excavation Notice System")before the start date of any right-of-way excavation, each registrant who has facilities or equipment in the area to be excavated shall mark the horizontal and vertical placement of all said facilities. Any registrant whose facilities are less than twenty(20)inches below a concrete or asphalt surface shall notify and work closely with the excavation contractor to establish the exact location of its facilities and the best procedure for excavation. Sec. 704.E-527. Damage to Other Facilities. When the city does work in the right-of-way and finds it necessary to maintain, support, or move a registrant's facilities to protect it, the city shall notify the local representative as early as is reasonably possible. The costs associated therewith will be billed to that registrant and must be paid within thirty (30) days from the date of billing. Each registrant shall be responsible for the cost of repairing any facilities in the right-of-way which it or its facilities damage. Each registrant shall be responsible for the 24 Cell Techn.Council Packet75 of 81 Page 96 of 202 i cost of repairing any damage to the facilities of another registrant caused during the city's response to an emergency occasioned by that reorktrant!c farilitiP.Q Sec. 704. 28. Right-of-Way Vacation. Reservation of right. If the city vacates a right-of-way that contains the facilities of a registrant,the registrant's rights in the vacated right-of-way are governed by Minnesota Rules 7819.3200. Sec. 704.2-72 1). Indemnification and Liability By registering with the city, or by accepting a permit under this ehapte-rordinance, a registrant or permittee agrees to defend and indemnify the city in accordance with the provisions of Minnesota Rule 7819.1250. Sec. 704.U30. Abandoned and Unusable Facilities. Subd.l. Discontinued Operations. A registrant who has determined to discontinue all or a portion of its operations in the city must provide information satisfactory to the city that the registrant's obligations for its facilities in the right-of-way under this ehapte ordinance have been lawfully assumed by another registrant. Subd.2. Removal Any registrant who has abandoned facilities in any right-of-way shall remove it from that right-of-way if required in conjunction with other right-of-way repair, excavation, or construction,unless this requirement is waived by the city. Sec. 704.229-' L. Appeal. A right-of-way user that: (1)has been denied registration; (2)has been denied a permit; (3)has had a permit revoked; (4)believes that the fees imposed are not in conformity with Minn. Stat. § 237.163, Subd. 6; or(5)disputes a determination of the director regarding Section 1.23 subd. 2 of this ordinance may have the denial, revocation, fee imposition, or decision reviewed,upon written request,by the city council. The city council shall act on a timely written request at its next regularly scheduled meeting, provided the right-of-way user has submitted its appeal with sufficient time to include the appeal as a regular agenda item. A decision by the city council affirming the denial,revocation, or fee imposition will be in writing and supported by written findings establishing the reasonableness of the decision. Sec. 704.3-032. Severability. If any portion of this ehapt *ordinance is for any reason held invalid by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portions thereof. Nothing in this e-haptefordinance I Cell Techn.Council Packet76 of 81 Page 97 of 202 precludes the city from requiring a franchise agreement with the applicant, as allowed by law, in addition to requirements set forth herein. Revised: N ev.mb_..204 7 January 2018 I 26 Cell Techn.Council Packet77 of 81 Page 98 of 202 A RECOMMENDING RESOLUTION OF THE PLANNING COMMISSION CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY,MINNESOTA A RESOLUTION ESTABLISHING FINDINGS OF FACT AND RECOMMENDING AMENDMENTS TO ORDINANCE 704 RELATING TO THE ADMINISTRATION AND REGULATION OF PUBLIC RIGHTS-OF-WAY; AND AMENDMENTS TO SECTION 401.15 P, ANTENNAS, AND SECTION 401.02.B DEFINITIONS OF THE ZONING ORDINANCE TO REGULATE SMALL CELL WIRELESS FACILITIES WHEREAS,the City Council of the City of Oak Park Heights requested that the Planning Commission consider amendments to Ordinance 704 of the City Code relating to the administration and regulation of public rights-of-way; and amendments to Section 401.15 P,Antennas, and Section 401.02.B Definitions of the Zoning Ordinance to regulate small cell wireless facilities. The Planning Commission of Oak Park Heights makes the following findings of fact: 1. The Planning Commission reviewed Ordinance 704 of the City Code; and reviewed Section 401.15 P Antennas, and Section 401.02.B Definitions of the Zoning Ordinance related to regulating small cell wireless facilities at their October 11,2017; November 9, 2017; December 14,2017 meetings; and 2. The Planning Commission determined that it was necessary to make amendments to the City Code, including the Zoning Ordinance, to reflect State Statue 237.163 changes as it relates to small cell wireless facilities. Additionally, the Planning Commission reviewed and considered a Small Wireless Facility Colocation and Lease Agreement and a Small Wireless Facility Permit; and 3. The Planning Commission provided direction to City Staff and asked that a public hearing to amend the City Code, including the Zoning Ordinance be scheduled for the January 11,2018 meeting; and 4. The Planning Commission held the public hearing at their January 11, 2018 meeting and recommended amendments to Ordinance 704 of the City Code relating to the administration and regulation of public rights-of-way; and amendments to Section 401.15 P,Antennas, and Section 401.023 Definitions of the Zoning Ordinance to regulate small cell wireless facilities. The Planning Commission also recommended the City Council adopt a Small Wireless Facility Colocation and Lease Agreement and a Small Wireless Facility Permit. The draft sections of the documents are on file at City Hall. Cell Techn.Council Packet78 of 81 Page 99 of 202 NOW,THEREFORE,BE IT RESOLVED BY THE PLANNING COMMISSION FOR THE CITY OF OAK PARK HEIGHTS THAT THE PLANNING COMMISSION RECOMMENDS THE FOLLOWING: A. Amendments to Ordinance 704 of the City Code relating to the administration and regulation of public rights-of-way; and amendments to Section 401.15 P,Antennas, and Section 401.02.B Definitions of the Zoning Ordinance to regulate small cell wireless facilities. B. Adoption of a Small Wireless Facility Colocation and Lease Agreement and a Small Wireless Facility Permit. C. Copies of the recommended City Code amendments, including Zoning Ordinance amendments related to small cell wireless facilities, as well as the Small Wireless Facility Colocation and Lease Agreement and Small Wireless Facility Permit are on file at City Hall. Recommended by the Planning Commission of the City of Oak Park Heights this l la`day of January 2018. ........... _ Jim Kremer, Chair ATTEST: Eric A. Johnson, City Administrator 2 Cell Techn.Council Packet79 of 81 Page 100 of 202 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 A SMALL CELL WIRELESS FACILITY COLOCATION AND LEASE AGREEMENT AND A SMALL WIRELESS FACILITY PERMIT TO REGULATE SMALL CELL WIRELESS FACILITIES BE APPROVED WHEREAS,the City Council of the City of Oak Park Heights requested that the Planning Commission consider amendments to Ordinance 704 of the City Code relating to the administration and regulation of public rights-of-way; and amendments to Section 401.15 P,Antennas, and Section 401.02.B Definitions of the Zoning Ordinance to regulate small cell wireless facilities. The Planning Commission of Oak Park Heights also reviewed and considered a Small Wireless Facility Colocation and Lease Agreement and a Small Wireless Facility Permit. The City Council makes the following findings of fact: 1. The City Council finds it necessary to make amendments to the City Code, including the Zoning Ordinance, to reflect State Statue 237.163 changes as it relates to small cell wireless facilities. Additionally, it finds it necessary to adopt a Small Wireless Facility Colocation and Lease Agreement as well as a Small Wireless Facility Permit; and 2. The Planning Commission held the public hearing at their January 14, 2018 meeting and recommended amendments to Ordinance 704 of the City Code relating to the administration and regulation of public rights-of-way; and amendments to Section 401.15 P,Antennas, and Section 401.02.B Definitions of the Zoning Ordinance to regulate small cell wireless facilities. The Planning Commission also recommended the City Council adopt a Small Wireless Facility Colocation and Lease Agreement as well as a Small Wireless Facility Permit. The copies of all the documents are on file at City Hall. NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL FOR THE CITY OF OAK PARK HEIGHTS THAT THE CITY COUNCIL ADOPTS THE FOLLOWING: A. Amendments to Ordinance 704 of the City Code relating to the administration and regulation of public rights-of-way; and amendments to Section 401.15 P,Antennas, and Section 401.02.B Definitions of the Zoning Ordinance to regulate small cell wireless facilities. Cell Techn.Council Packet80 of 81 Page 101 of 202 B. Adoption of a Small Wireless Facility Colocation and Lease Agreement and a Small Wireless Facility Permit. C. Copies of the City Code amendments, including Zoning Ordinance amendments related to small cell wireless facilities, as well as the Small Wireless Facility Colocation and Lease Agreement and Small Wireless Facility Permit are on file at City Hall. Approved by the City Council of the City of Oak Park Heights this 13th day of February 2018. ATTEST: Mary McComber,Mayor Eric A. Johnson, City Administrator 2 Cell Techn.Council Packet81 of 81 Page 102 of 202 , Oak Park Heights Request for Council Action Meeting Date February 1P.2018 Time Required: 5 Minutes Agenda Item Title:_ Resolution on Respectful Workplace and Personnel Policy Handbook Update. Agenda Placement New Business Originating Department/Reques Johnson Ci Administrator Requester's Signature Action Requested Discuss' n• ossible action. Background/Justification(Please indicate if any previous action has been taken or if other public bodies have advised): TWO ITEMS: 1. Mayor McComber inquired about the possible consideration and adoption of the enclosed resolution as outlined by the League of Minnesota Cities. It is generally in response to recent attention to workplace harassment and abuses. Similarly, the League of Minnesota Cities has prepared general workplace policy pieces that can be modified by cities to address such issues in their various handbooks. Staff has reviewed the documents,applied some general modifications to tailor some elements to the City's scope and is ready for Council consideration. 2. In addition, the City Attorney's Office has completed general updates to the City Personnel Handbook and which also incorporates LMC crafted policies related to the Resolution. The last general update was in 2009. If the Council generally finds these changes /elements acceptable— and which are in a user-friendly format—Staff would ask for the Council formal approval subject to any final clarifications or revisions necessary by the City Attorney. Thereafter, Staff will then update City Ord. 203 to mirror these and will seek to have Council formally update those in March. Staff is requesting the adoption of both items. Page 103 of 202 RESOLUTION A RESOLUTION SUPPORTING A RESPECTFUL WORKPLACE WHEREAS,the City of Oak Park Heights is committed to promoting a positive work environment in which all employees, contractors, commissioners, appointed officials, and elected officials are treated with respect and dignity. WHEREAS,this Council holds itself,its appointed officials,commissioners,employees and hired consultants to a high standard of conduct. WHEREAS,the City seeks to provide a professional atmosphere where personal and professional excellence is fostered. WHEREAS, the City finds effective policy and procedures, coupled with respectful workplace training, will assist in preventing harassment and supporting individuals who are being harassed to come forward, and ensure a problem is addressed quickly and effectively. WHEREAS, discrimination and harassing behaviors disrupt the workplace, are often unlawful, and detract from the productivity and effectiveness of city staff and officials in conducting the important work we do on behalf of our residents. WHEREAS,it is the City's expectation if someone is being harassed,he or she will be supported and treated with respect and the inappropriate behavior will be investigated and addressed. WHEREAS,the City will provide a reporting process and a means to address discrimination and harassment. WHEREAS,harassing workplace behaviors will not be tolerated,nor will retaliation for reporting a complaint or for participating in an investigation. NOW.THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OAK PARK HEIGHTS that this Council supports a respectful workplace culture and will work to create a harassment-free environment for all employees, elected officials, appointed officials, and commissioners in the city. BE IT FURTHER RESOLVED that the City Council does adopt the Respectful Workplace Policy, and is affixed hereto. Passed by the City Council of Oak Park Heights this 131 day of January,2018 Mayor Mary McComber Attested: City Administrator Page 104 of 202 a M City of Oak Park Heights Employee Handbook Revised January P&I-Y 20182000 Page 105 of 202 Purpose It is the purpose of this handbook to establish a uniform and equitable system of municipal personnel administration for all employees of the City of Oak Park Heights,not otherwise preempted by city ordinance or separate union labor agreement. It is also the purpose of this handbook to provide a USER FRIENDLY version of City policies relating to municipal personnel administration Disclaimer This handbook provides information to you,as an employee of the City of Oak Park Heights,about certain terms and conditions of your employment.It is not,and should not be considered,an employment contract. Your continued employment,and the conditions of the employment,is solely within the discretion of the City of Oak Park Heights. The handbook summarizes major policies and programs related to your employment. Nothing set forth in this handbook is intended to conflict or interfere with the terms of a Collective Bargaining Agreement,if any,between the City and its employees.If any s ecific Provisions of the personnel policies conflict with any current union agreement the union agreement or civil service rules will prevail.Union employees are encouraged to consult their collective bargaining agreement first for information about their employment conditions Nothing in these policies is intended to modify or supersede any applicable provision of state or federal law. The City retains the full and unrestricted right to operate and manage all personnel,facilities,and equipment;to establish functions and programs;to set and amend budgets;to determine the utilization of technology;to establish and modify the organizational structure;to select,direct,and determine the number of personnel;to establish work schedules;and to perform any inherent managerial function not specifically limited by current collective bargaining agreements,these regulations,and City Council resolutions. Additional information about many of these policies and programs is available from the City Administrator's office.Please take advantage of those resources to assure that you are fully aware of your rights and responsibilities as an employee of the City of Oak Park Heights. While the City of Oak Park Heights will make every effort to keep your employee handbook current,the information and policies described in this handbook may be changed in any way at any time at the sole discretion of the City of Oak Park Heights. You are responsible for complying with current City policy at all times. The City will always rely on the formal ordinances,federal and state law and in-force labor agreements for its guidance. Equal Employment Opportunity Policy Statement The Citv of Oak Park Heights is committed to providing equal opportunity in all areas of employment including but not limited to recruitment hiring demotion promotion transfer,selection la—off, Page 106 of 202 r disciplinary action,termination compensation and selection for training The City of Oak Park Heights will not discriminate against any employee or job applicant on the basis of race color,creed religion national origin,ancestry,sex,sexual orientation gender identity,or gender expression disability,age marital status,genetic information status with regard to public assistance veteran status familial status or membership on a local human rights commission or lawful participation in the Minnesota Medical Cannabis Patient Registry. Page 107 of 202 Table of Contents Section 1 Appointment Procedure 53 Outside employment activities 5-5 Employment of Relatives. 5� Physical Examination........ 66 Probationary Period......... 6� Section 2 Organization....... 7� Classifications...........................................................................................................................................7Y Seniority................................. 7-7 Compensation..................... 7-7 Wages................................ 7-7 PayDays................................. 89 Longevity Pay or Incentive Pav 89 Longevity Pay................... 89 Incentive Pav................... 89 Overtime/Compensatory Time 89 Travel Expenses................ 99 TuitionReimbursement.........................................................................................................................99 Employee Contributions to Charitable Or.Ranizations 99 Guidelines.............................................................................................................................................99 WorkWeek and Work Da s.................................................................................................................10-x.4 Attendance.........................................................................................................................................10 l� Appearance.......................................... 10 4A Casual Friday.................. . 11 Use of City Property....................................... 1144 Telephone Use... 11 Use of City Vehicles................... ........ ......... 1244 Personal Use of City Property 12,P Property Damage Reporting.. 1244 Employment Records......................... 13-14 Accessto Personnel Files..................................................................................................................134 Section 3 Discipline and S aration from Service....................................................................................1414 Resignation........................... 1414 Severance Pav........... ....... 1444 Grievance Policy................ . 1444 Discipline........................... 1444 General Policy... ....................... 1414 No Contract Language Established 1444 Process..............................................................................................................................................15-14 GrievanceProcedure.........................................................................................................................16-14 Retirement.........................m.................... ..................... ............................................ . ........ . ...............166 Public Employees ciation ERA ................................................................ .........174-6 Section4 Time Off...................................................................................................................................18-14 j SickLeave.............................................................................................................................................1844 HowEarned.......................................................................................................................................1844 Requirements of Employee:. 18M WhenGranted...................................................................................................................................19.14 Penalty................. 19-1-9 BereavementLeave...........................................................................................................................1944 Vacation................................................................................................................................................20-- Accrual..............................................................................................................................................20 Extra Vacation Pay................. 20 ,19 Usage.................................... 2024 Page 108 of 202 WhenTaken.......................................................................................................................................2028 Approval............................................. 2024 Holidays.................................. ---- Upon Termination.................. 21� Leavesof Absence................................................................................................................................21-24 IntermittentLeave.................................................................................................................................212- Leave without pay.................................................. 2121 AdministrativeLeave............................................................................................................................2222 Parental Leave for School Conferences................................................................................................2222 Victimor Witness Leave.......................................................................................................................2222 Pregnancy and Parenting Leave. 2222 Adoptive Parents............................. Mn Reasonable Unpaid Work Time for Nursing Mothers 23,B Bone Marrow/Organ Donation Leave 2323 Elections/Voting.............................. 2323 Family and Medical Leave Act....................................... 2324 Definitions....................................................................................................................... . ... ... . ..........2424 Eligibility........................................... . 2424 Length of Leave............................ 2424 LeaveYear........................................................................................................................................2424 Substitution of Paid Leave Time.......................................................................................................2424 Noticeof Leave.................................................................................................................................252-5 Certification and Document Reauirements 25"W Annual Medical Certification and Recertification.............................................................................25'5 How Leave May be Taken............... 2525 Reinstatement....................................................................................................................................2626 Benefits,Concurrent Leave,and Substitution of Paid Leave . 2626 Failure to Return to Work After FMLA............................................................................................2626 FMLA-Qualified Exigency and Military Caregiver Leave 2626 Oualified Exigency......................... 2626 Military Caregiver Leave..................................................... 2727 Definitions.........................................................................................................................................2727 Amount of Leave:Oualified Exigency 2828 Amount of Leave:Military Caregiver 2828 Certification of Qualifying Exigency for Military Family Leave2M Mi Certification for Serious Iniury or Illness of Covered Servicemember or litary Family Leave 2828 JuryDuty.................................... 2828 Military Leave................................... 29N Section5....................................................................................................................................................2929 Disability/Modified Duty................... 2929 Light Duty/Modified Duty Assignment. 2924 Reasonable Accommodations to an Employee for Health Conditions Relating to Prey 3030 Section 6 Safety........................................ 313-1- On The Job Injury.................................. 314 Unsafe Behavior..... ...............................................................................................................................31-34- Workers'Compensation.............................................................. 314 Section 7 Benefits32-34 HealthInsurance....................................................................................................................................32 LifeInsurance........................................................................................................................................32� Disability Insurance............................... . 322 Deferred Compensation....................... 3232 Section 125 Flexible Benefits Plan........................................................................................................3333 Section 8 City Policies...................... 3434 Sexual Harassment Policy............................................................. 35 Definitions................................................................... 35-M Workplace Violence Policy........................ . 373q Page 109 of 202 Weapons...................................... 3737 Violence............................................................................................................................................37 Procedure for Reporting and Investigating Disrespectful Conduct (including harassment discrimination,violence etc) 3848 Employee Response to Conduct ---- Investigation............................. ---- GrievanceProcedure.........................................................................................................................4048 Drug and Alcohol Policy........ 4048 Use of Drugs and Alcohol........ 4048 Violations....... .. . ................................................................................................................................4144- Drug-Free Awareness Program 414 Drug and Alcohol Testing........................... 4144 Purpose and Obigctives............. 4144 Scope...................................... .. 424 Definition.................................................................................. .. ... ...................................................424-2 Prohibition against Controlled Substance and Alcohol 424-2 Circumstances for Testing... 4348 Screening Test Acknowledgement.............. 4546 Refusal to Undergo Testing. 4646 Initial Screening Test............ 4646 Confirmatory Test...................... 4646 Confirmatory Retests.................. 474 Consequences of a positive test.... 4742 Tampering with Testing............... . 4848 Data Privacy............................. 4848 OtherMisconduct..............................................................................................................................484$ Non-Discrimination...........................................................................................................................4844 255=566q7777888889999 al Ojai I 2020202020212121212222222222232323232323232424252525252626262627-2727272728293030313232 .,t de fi ed 4041 ,,41-4 I Seetion 1 Appeiat ent Preeedure ....................... Outside emple5ment aetiyities ........................................................2 Event of Relatives .............................................................2 Riysieal EEat3e� P%batimary Peried 8estien 2 Or-ganizatiee .. ................................................. ..2 Glassifieatien ...........................................................2 Senierft; ....................................................2 Eompeasatien ...............................................................2 `S ....................................... De `c .. ..................................................................2 Le_ge;44,R-a3`er InFent}Ve Pte' .. ......................................................2 be] eVitiY ............................ ineendve�L 2 Ove�pensater-y Tie3e 2 Tfavel Expenses .......................... TaWOH W ...............................................................2 Empleyee Gentribetiens-tt-f-eitah-le Ar-paizatien, ... . .............................................................. Guidelines'"*......*.............."**....... 2 We-- - -----an -Wrk a_ys. .............................................................2 Anenda•, . ................................................................................ �4ppearanse .. ................................................2 Casual Friday 2 �� Use ......................2 Use of City Vehieles ........................ Page 110 of 202 Pmenal Use of Gity Woperty............... ............*n PEeper-ty Damage Ropefting....................................................................................................................2 Emple3mentReeef&............"..................................................................................................................2 Assess to DRi Fifes2 Serstieft 3 Tennination 2 ReSigWttiffl................................................................................ .................................................................2 Gr-iovanee Polio-.................................... 2 Dismissal ..........................................................................................I........... .. ate mea!rreal ................... 2 meat at 2............ p4is Ewleyees Rofimmen 'AQQAAiAtin. ..... 2. . .................................... Seetim 4 Time Off 2 Siek Leave..... ............2 Eligibi!ity...:::: 3 ............ ............",......... vAlenGfafAod.............................................g...................................................................................... Bereavement Leave............................................................................... peftaky ....................................................... -2 VaGatieff..... ................... ....... A-Asn-Al....................... ... .........***..................................................................... . ...... ................. ExtraVaGatien Pay..................................................................................................................... ...........2 Usage........................................................................... ............................................................................2 When 2 A"roval......... ...... .......... ......*"*"*'*'*......*......... I Holidays........ ........1-............................................I................................................................2 UponTe ...................................................................................................................................2 Lbseme...................................................................................................................................... WffHliR8i34T-0—We................................................................................................................................... Leave%ithout pay.....................*....**"*"*..............**................................................ ......................2 m pafital Leave fef Sehoel CeFAFORGes......... 2 Family and Medical Leave Aet..................I............................................................................. Eligibility..... .........'....... ...................................................................a Lengthof Lemre......................................................................................................................................2 Leave-Yew 2 Substitution e- id Leave Time........................ 2 Notice of Leave -2 A"Duty .. ...........................................-2 miiitariLeave......... ....... ..........2 Seetien 5 Safiity............ i-..... ........*... 2 OnThe job Injury .........................................................................................2 WeAem' Compenswien..........................................................................................................................-2 Sootion 6 Benefits 2 Health lasuFanee..... 2 Life lasureme.... 2 Disability ImuFanee............... ...... ....... .............. 2 DefiqFmd Compensmien.......*"**** .........'*...... ...... ......... Seetion 125 Fli-w-ih-I As I-R Awn;pek-r4w Plan S,F-A o 46 A-M—7 City PE)IiOieS....................................................................................................................................2 SeNual14ar-assment Pohey...........................................................................................................................2 Definifiens.... ...................2 Repefting...... levestigatieft..... ......*............. ........ ......................................................2 ............ ......*............... 2 Gr-iovanee AFeOeEkNO............ ................. WedEplaw Vielenee eliGy...... .......................-2 Weapons .....................................................2 Vie I-p.arp..................................................................................................................................................2 Page 111 of 202 Gr-iffaftee PMOOEhNO......... Dfug md Aleehel Pehey...... .. .............................. Useef Diugs-Fm-d A lanbel ...............................................................................................................2 VWmiem......................... Dfug Ffee A. mamss Pr-eg -2 fam 2 Dmgand AleehG!Testing...........................................................................................................................2 seepe.................................. ....................... .......................i DafinitiAn — ..................... ................2 ............................... ....................2 Gir-eumstames fer-Testing .............................................................2 Rights ef EaVleyes car-de'' '..ijeapA.....................................................................................................2 SeFeeningTest Aeknewledgem—it..........................................................................................................2 jGb AppliearA................................. ............ 2 SafetySensitive Pesidem........................................................................................................................2 Ressenable Suspiraien Test.It'---.............. ...................................................2 .....*...... 2 Randem Tes6esti V."Ams Rvims! T-Feahnem Pm —-------- ----------------------------------......................................................-2 . ....................... ........................................................................M..,......... hpisiAl S;r;:FiRuilmg Test(jeb iewit)......................................................................................— ............... Refusalte UndeFge Testing.....................................................................................................................2 Fist Failum to Pass..........................................1 2 Repeated to Ross......".......*,"........ -2 Genfirmatefy ................... ...... 2 TNEkpep;ag vAth Tesfing..........................................................................................................................2 DataPrivaey............................................................................................................................................2 Other-Miseen 2 Page 112 of 202 -5 - Section 1 Appointment Procedure All appointments to municipal service shall be made according to job-relevant qualifications,merits,and I fitness as determined by the City Council and/or the City Administrator. The Appeinknent AwheFity shall make app nt nts to t rr" The basic recruitment and selection policies of the City are to take whatever measures necessary to seek out and to encourage properly qualified individuals to apply for positions at all levels of City service and to provide assurance that the best qualified applicants are properly inducted into municipal service. Competition for positions shall be open to applicants who meet the qualifications established for the class of position for which the application is made. No person shall in any way be favored or discriminated against because of race,color,creed,age,marital status,sex,political opinion or affiliation,disability, sexual orientation,or welfare assistance status. f In making a selection from among candidates to fill vacancies,the City may use oral,written, I performance test . an evaluation of training and experience or any combination of these. Investigation of background,character,education,experience,or physical fitness may also be required., Appointment to a position in municipal service shall not be construed to be a property right of the employee. All employees are appointed by and serve at the sole discretion of the City Council. Outside employment activities No employee of the City of Oak Park Heights shall engage in off-duty employment activities with another employer or engage in self-employment activities where that employment or income-generating activity will: 1. Require any degree of commitment or service that will interfere with the employee's duty to render primary,quality service to the City of Oak Park Heights and its residents. 2. Generate any communication to the employee during the business day when that employee is to be engaged in services to the City of Oak Park Heights. 3. Create an actual or perceived conflict of interest with the official duties of the employee. 4. Reflect discredit or derogation upon the employee of the City. The work must not be unlawful in any respect. Police department personnel wishing to engage in off-duty employment/income-producing activities which involve the providing of security services or where the employee will be wearing the uniform of the Oak Park Heights Police Department must first obtain written approval from the Chief of Police in accordance with established department policies,rules and regulations. Employment of Relatives The City of Oak Park Heights does not restrict employment of more than one member of a family or persons related by blood or marriage. However,to avoid conflicts of interest,no City employee may take part in decisions to hire,retain,promote,or determine the salary of his/her spouse,family member or blood relative. In addition,no City employee is to be assigned responsibility for supervising and directing the work of his/her spouse,family member,or blood relative. Page 113 of 202 -6- Physical Examination The City may require satisfactory completion of a medical examination upon offer of full-time employment. The exam shall be conducted by a licensed physician designated by the City and shall be paid for by the City. Probationary Period A six(6)month probationary period is intended to give new employees the opportunity to demonstrate their ability to achieve a satisfactory level of performance and to determine whether the new position meets their expectations. The City uses this period to evaluate employee capabilities,work habits,and overall performance.The City may end the employment relationship at any time during the probationary period with or without cause or advance notice. Page 114 of 202 -7- Section 2 Organization Classifications The City Administrator shall establish and maintain a classification plan to consist of class titles and class specifications. The City Administrator may recommend to the City Council amendments and/or revisions in the plan to provide for new positions and changing conditions. The City Administrator shall keep an updated set of position descriptions for each position in the classification plan. Senigity Seniority shall be determined by the employee's length of continuous employment with the City and posted in an appropriate location. Seniority rosters may be maintained by the City on the basis of time in grade and time within a specific classification. During the probationary period,a newly hired or rehired employee may be discharged at the sole discretion of the City Council. During the probationary period,a promoted or re-assigned employee may be replaced in his/her previous position at the sole discretion of the City Council. A reduction of the work force occurring within any job classification will be accomplished on the basis of seniority within the job class. Employees shall be recalled from layoff on the basis of seniority. An employee on layoff shall have an opportunity to return to work within two(2)years of the time of his/her layoff before any new employee is hired. Vacation period shall be selected on the basis of seniority until March 151 of each calendar year. Seniority shall prevail. Senior qualified employees shall have first preference on the job. Compensation Wages Wages are established by contract with union employees with the City Council.Wages for non-union employees are established annually by the city council with recommendations from Administration. Under the Minnesota Wage Disclosure Protection Law,emplovees have the right to tell any person the amount of their own wages.While the Minnesota Government Data Practices Act(Minn Stat �13.43), specifically lists an employee's actual gross salary and salary range as public personnel data Minnesota law also requires wage disclosure protection rights and remedies to be included in emplover personnel handbooks.To that end,and in accordance with Minn Stat &181.172,employers may not: • Require nondisclosure by an employee of his or her wages as a condition of employment • Require an employee to sign a waiver or other document which purports to dgny anemployee the right to disclose the employee's wages • Take any adverse employment action against an employee for disclosing the employee's own wages or discussing another employee's wages which have been disclosed voluntarily_ • Retaliate against an employee for asserting rights or remedies under Minn Stat &181.172,subd 3 The city cannot retaliate against an employee for disclosing his/her own wages An employee's remedies under the Wage Disclosure Protection Law are to bring a civil action against the city and/or file a complaint with the Minnesota Department of Labor and Industry at(651)284-5070 or(800)342-5354. Page 115 of 202 -8- Pay Days Paydays shall not be later than the 15th and the last day of each month for all regular employees. When a payday falls on a Saturday,Sunday,or a holiday,regular employees shall receive their pay on the preceding workday. All seasonal and temporary employees will be paid on the 1St and the 16'of each month.When a payday falls on a Saturday, Sunday,or a holiday,temporary employees shall receive their pay on the following workday. Direct Deposit of paychecks is available. Please see the Finance Department for the forms and more information. Longevity Pay or Incentive Pay Each employee will be given the choice between longevity pay and incentive pay,above base pay. Once a choice has been made,however,that employee may not change to the other additional pay program. Longevity Pay If so chosen,and based on the satisfactory performance of assigned duties,such employees shall be entitled to longevity pay,above base pay,as follows: After four 4 ars of service 3%of salary per month After eight 8 ears of service 5%of salary per month After twelve 12 ears of service 7%of sal per month After sixteen 16 ears of service 9%of salary per month Incentive Pay If so chosen,employees shall be entitled too educational and wellness incentive pay as established by the City Council. This additional pay is determined by participation in and completion of higher education and a health and wellness program as determined by the City Council. Overtime/Compensatory Time The City of Oak Park Heights has established an overtime policy to comply with applicable state and federal laws governing accrual and use of overtime. The City Administrator will determine whether each employee is designated as"exempt"or"non-exempt"from earning overtime. In general,employees in executive,administrative,and professional job classes are exempt;all others are non-exempt. For non-exempt employees,time worked in excess of forty(40)hours in a week is considered overtime and is payable at one and one-half the employee's regular rate of pay. Vacation,sick leave,and paid holidays do not count towards"hours worked" Compensation will take the form of either time and one-half pay or compensatory time. Compensatory time is paid time off at the rate of one and one-half hours off for each hour of overtime worked. Compensatory and flex time may also be used by employees with the prior approval of the City Administrator. The workweek is Sunday morning from 12:00 a.m.to Saturday evening at 11:59 p.m. The Department head and/or the City Administrator must approve all overtime,except in cases of emergency. An employee who works overtime without prior approval may be subject to disciplinary action. Overtime earned will be paid at the rate of time and one-half on the next regularly scheduled payroll date, unless the employee and the department head mutually agree in advance that the overtime will be banked as compensatory time in lieu of payment. Page 116 of 202 -9- Up to forty(40)hours of accrued Compensatory-time may be cashed in at the end of the calendar year. Compensatory time shall not be carried over from one year to the next. Travel Expenses An employee shall be reimbursed for traveling expenses incurred when traveling on City business,upon the prior approval by the supervisor or City Administrator. Reasonable traveling expenses include mileage reimbursement when an employee uses his/her own vehicle,coach airline tickets when it is more economical to fly than drive,hotel expenses,and meals while on official City businesses. In order to receive such reimbursement,an employee must submit the appropriate form to the City Finance Director within a reasonable amount of time after completion of the travel. Mileage reimbursement will be at the rate set by the City Council by resolution. Tuition Reimbursement The City of Oak Park Heights finds that it is in the City's best interests of its employees to continue their education and upgrade their skills and training. It shall be the policy of the City of Oak Park Heights to reimburse 100%of an employee's costs for tuition for educational classes subject to the following conditions: • Employees must have the approval of their supervisor to take any classes for which reimbursement is requested • Employees must present written proof through a report card or some similar grading system that they have achieved a grade of"C"or higher equivalent • Reimbursement will occur after the employee has presented proof of grade to their supervisor • Educational classes must be job-related Employee Contributions to Charitable Organizations The City of Oak Park Heights recognizes the community impact of non-profit charitable service organizations that provide benevolent programs and services to its citizens and surrounding area. Employees of the City of Oak Park Heights may-desire contribute to registered combined charitable organizations directly from payroll,as defined in MN State Statute 309.50. The employee desiring to make a payroll contribution must provide written documentation to the City Payroll Department specifying the charitable organization and the requested amount to be deducted each pay period from their net paycheck (post-tax). These funds shall be held in a liability account and paid out annually at the end of the year or periodically as determined by the City,to the charitable organization. Any;any returned funds will be sent to a local charitable organization of the City's choice. Guidelines For each charitable organization an employee wishes to contribute to,they-the employee must provide a copy of the organization's 501 (c)3 determination letter.This determination letter must demonstrate that the organization meets the following requirements: • Does not discriminate with respect to those classes of people protected by law • Is governed by a voluntary board of directors serving without compensation,except for governmental units • Makes available to the general public,on request,copies of its annual report,including its most recent financial statement Employee involvement in charitable donations is strictly voluntary. Any and all payroll deductions are post tax deductions. Page 117 of 202 _ 10- The City reserves the right to terminate this policy and ordinance at anytime. At no time shall the City be responsible to provide funding to any organization,all funds shall be derived from the employee. The City will not process financial contributions to organizations considered by the City to be inconsistent with stated policies and guidelines. Work Week and Work Days The hours of work shall be those established by the City for the efficient conduct of City business. The normal workday consists of eight(8)hours. The normal workweek for regular City employees shall be five (5)days,Monday through Friday,and shall consist of forty(40)hours. Employees shall be granted a rest break not to exceed fifteen(15)minutes away from job duties on two(2) separate occasions during each work shift and a one-half hour lunch break. Meal periods are not paid,not included in the computation of overtime,comp-.ensatory time,or flex time, nor included in the computation of a normal work shift or payroll period. In order to provide for continuity in City operations,the timing of these breaks-i,-,,;: subject to the approval of the supervisor in charge. Department heads and supervisory employees are required to put in the time necessary to perform their jobs. The City Administrator may change the working schedules of City employees as needed. Attendance Employees are expected to be regular in attendance during all scheduled hours of work. Unsatisfactory attendance,including reporting late and quitting early,may be grounds for disciplinary action. If you suspect you are going to be late for any reason,telephone your supervisor in advance if possible. Employees who are going to be absent from work are required to notify their supervisor as soon as possible in advance of the absence.In the event of an unexpected absence employees should call their supervisor before the scheduled starting time and keep in mind the following procedures: _• If the supervisor is not available at the time the employee should leave a message that includes a telephone number where he/she can be reached and/or contact any other individual who was designated by the supervisor. • Failure to use the established reporting process will be grounds for disciplinary action • The employee must call the supervisor on each day of an absence extending beyond one(1)day unless arrangements otherwise have been made with the supervisor. • Employees who are absent for three(3)days or more and who do not report the absence in accordance with this policy,will be considered to have voluntarily resigned not in good standing • The city may waive this rule if extenuating circumstances warranted such behavior. This policy does not preclude the City from administering discipline for unexcused absences of less than three(3)days.Individual departments may establish more specific reporting procedures For budgetary and confidentiality reasons non-exempt employees(eligible for overtime pay)are not authorized to take work home or work through lunch without prior approval from their supervisor. Appearance The dress and appearance of City employees is a direct reflection of the professionalism of our services. City employees are usually in direct contact with the public every day as part of their regular workday. A neat,clean,well-groomed employee will present a positive image of the City and demonstrate the pride our Page 118 of 202 - 11 - City employees have. Employees are expected to report to work in dress that fits the type of work he or she does and at the same time promote a professional image. Clothing should be neat,clean,and free of rips,tears and patches. Employees reporting to work in attire which,at the discretion of management,is not befitting a professional image,shall be warned that such clothing is not to be worn again. An employee who continues to report to work in inappropriate attire will be sent home to change clothes.The employee will not receive paid hours during this time. Employees may dress in accordance with their gender identity,within the constraints of the dress codes adopted by the City. City staff shall enforce the city's dress code equally without regard to gender identity. Casual Friday The City has instituted a casual Friday dress policy. This policy allows employees to wear more casual attire on Fridays than during the rest of the week,when appropriate. It may not be appropriate to wear casual attire on Fridays when an employee will have professional meetings to attend. This clothing should reflect a positive image of the City of Oak Park Heights. Casual includes khaki pants,jeans,appropriate casual tops,and casual shoes. Clothes are expected to be clean,free of rips,tears and patches. If an employee reports to work dressed in inappropriate casual wear,at the discretion of management,that employee shall be warned that such clothing is not to be worn again. An employee who continues to report to work in inappropriate casual attire will be sent home to change clothes. The employee will not receive paid hours during time taken to go home and change and report back to work Use of City Property Telephone Use City telephones are in place to conduct official City business. Whenever you use the telephone,you "become the City"by what you say and how you say it. When you receive a call: • Answer promptly with a smile • Identify yourself by giving your name • Explain when you leave the line,then return promptly • Transfer calls only when necessary I • E�ive4aeffunxplanations for a co-worker's absence from the office should not reveal personal information about the co-worker • Take accurate messages When you place a call: • Be sure of the number • Plan your call in advance • Identify yourself Employees may not charge personal long distance calls to the City. Identification codes are provided to track phone calls of employees,and a long distance call cannot be made without the code. Page 119 of 202 - 12- Local personal telephone calls should be made only when absolutely necessary,and preferably during scheduled rest or lunch breaks. Excessive personal phone use may be cause for disciplinary action. Use of City Vehicles City owned vehicles are to be used only by City employees for official City business. Employees that drive or may be required to drive City vehicles and equipment are responsible for maintaining a safe driving record and for observing all traffic laws. Seat belts must be properly used at all times. Drivers must carry a current,valid driver's license that is adequate for the type of vehicle being driven. Any employee who operates a City vehicle without a valid driver's license will be subject to disciplinary action. Copies of driver's licenses as issued by the State of Minnesota for each employee will be placed on file by the employee with the City Administrator. Passengers may be carried only when necessary to conduct City business and/or whose transportation via City vehicle is,in the opinion of the operator,in the best interest of the City. Employees who are allowed or required to drive Citv vehicles shall immediately notify their supervisor or the City Administrator of any restriction,suspension,revocation,or other alteration of their driving privileges within the State as may be imposed by the Minnesota Department of Public Safety on their driving privileges. Personal Use of City Property City owned equipment and facilities are not available for personal use by employees. Personal use of machinery and tools is prohibited unless prior approval is given by the appropriate department head or City Administrator. Copiers may be used for personal copies„however,copies must be paid for. The price for copies will be established by the City Council through resolution. Personal commercial activity conducted on City telephones is prohibited. Employees provided with a cellular telephone will be required to pay for all personal calls if the base fee is exceeded. City equipment or facilities may be loaned to community or civic organizations. Approval for such use must be obtained from the City Administrator and/or the City Council. A fee may be charged as established by City Council resolution from time to time. Unauthorized removal of City property or its conversion to personal use may be cause for discipline up to and including discharge. Prop=Damage Roortinj An employee involved in an incident which results in damage to City property must submit a report of the incident to his or her supervisor within twenty-four(24)hours of occurrence. Vehicle accidents also require a copy of the Minnesota Motor Vehicle Accident Report. Page 120 of 202 - 13- Employment Records Employee records are maintained in the City Administrator's office.-Information is used to administer balazr arja ocnerli j)ro arils process j)ayroti complete state and federal reports document employee performance,etc. Employees have the right to know what data is retained where it is kept and how it is used All employee data will be received retained and disseminated consistent with the Minnesota Government Data Practices Act. Access to Personnel Files The City of Oak Park Heights maintains a personnel file on each employee. The personnel file shall include such information as the employee's job application,resume,documentation of performance evaluations,salary increases,and other employment records. Personnel files are the property of the City of Oak Park Heights and access to the information they contain is restricted. Only management personnel of the City of Oak Park Heights who have a legitimate reason to review the information in a file are allowed to do so. Employees who wish to review their own file should contact the City Administrator. With reasonable advance notice,employees may review their personnel files in the presence of the City Administrator. Page 121 of 202 - 14- Section 3 isciline and Separation from Service Resignation Any employee wishing to leave the municipal service of the City of Oak Park Heights in good standing shall file a written resignation with the City Administrator at least fourteen(14)days before leaving. The written resignation shall state the effective date of the resignation and the reasons for leaving. Failure to comply with this procedure may be considered cause for denying such employee future employment by the municipality and denying terminal leave benefits. Unauthorized absence from work for a period of three(3)consecutive working days or more may be considered by the City Administrator as a resignation without benefits. Severance Pav Employees who have completed ten(10)years of service with the City shall be entitled to fifty(50%) percent of the unused sick leave as severance pay,such payment not to exceed seventy-five(75)days maximum upon retirement or if they become disabled so they must terminate their employment. In the case of death,their beneficiary shall be entitled to their severance pay,such payment not to exceed seventy- five(75)days maximum. Grievance Policy It is the policy of the City,insofar as possible,to prevent the occurrence of grievances and to deal promptly with those which do occur. When any grievance comes or is directed to the attention of a supervisor or the City Administrator,they shall promptly discuss all relevant circumstances with the employee. As appropriate,the supervisor shall attempt to resolve the grievance immediately. If unable to adequately address and resolve the grievance,the supervisor is to contact the City Administrator for resolution. _D_ Discipline General Policy Supervisors are responsible for maintaining compliance with city standards of employee conduct The objective of this policy is to establish a standard disciplinary process for employees of the City of Oak Park Heights.City employees will be subject to disciplinary action for failure to fulfill their duties and responsibilities at the level required including observance of work rules and standards of conduct and applicable City policies. Discipline will be administered in a non-discriminatory manner.An employee who believes that discipline applied was either unjust or disproportionate to the offense committed may pursue a remedy through the grievance procedures established in the city's personnel policies The supervisor and/or the City Administrator will investigate any allej;ation on which disciplinary action might be based before any disciplinary action is taken. No Contract Language Established This policy is not to be construed as contractual terms and is intended to serve only as a guide for employment discipline. Page 122 of 202 - 15- Process The City may elect but does not have to use progressive discipline,a system of escalating responses intended to correct the negative behavior rather than to punish the employee There may be circumstances that warrant deviation from the su ested order or where prowssive discipline is not appropriate.Nothin in these personnel policies implies that any City employee has a contractual right or guarantee(also known as a property right)to the iob he/she performs Documentation of any written disciplinary action taken will be placed in the employee's personnel file with a copy provided to the employee The following are descriptions of the types of disciplinary actions: a. Oral Reprimand This measure will be used where informal discussions with the employee's supervisor have not resolved the matter.All supervisors have the ability to issue oral reprimands without prior approval. Oral reprimands are normally given for first infractions on minor offenses to clarify expectations and put the employee on notice that the performance or behavior needs to change and what the change must be The supervisor will document the oral reprimand including date(s)and a summary of discussion and corrective action needed. b. Written Reprimand A written reprimand is more serious and may follow an oral reprimand when the problem is not corrected or the behavior has not consistently improved in a reasonable period of time Serious infractions may require skipping either the oral or written reprimand,or both.Written reprimands are issued by the supervisor with prior approval from the City Administrator. A written reprimand will:(1)state what did haMen• (2)state what should have happened,• (3)identify the policy,directive or performance expectation that was not followed-,(4)provide history if any on the issue,• (5)state goals,including timetables and expectations for the future-,and(6)indicate consequences of recurrence. Employees will be given a copy of the reprimand to sign acknowledging its receipt Employees'signatures do not mean the employee agrees with the reprimand Written reprimands will be placed in the employee's Personnel file. c. Suspension With or Without Pay The city administrator may suspend an employee with or without pay for disciplinary reasons Suspension without pay may be followed by immediate dismissal as deemed appropriate by the City Council except in the case of veterans. Oualified veterans who have completed their initial probationary period will not be suspended without pay in conjunction with a termination. The employee will be notified in writing of the reason for the suspension either prior to the suspension or shortly thereafter.A copy of the letter of suspension will be placed in the employee's personnel file An employee may be suspended or placed on involuntary leave of absence pending an investigation of an allegation involving that employee The leave may be with or without pay depending on a number of factors including the nature of the allegations If the allegation is proven false after the investigation the relevant written documents will be removed from the employee's personnel file and the employee will receive any compensation and benefits due had the suspension not taken place Page 123 of 202 - 16- d Demotion andlor Transfer An employee may be demoted or transferred if attempts at resolving an issue have failed and the city administrator determines a demotion or transfer to be the best solution to the problem The employee must be gualified for the position to which they are being demoted or transferred.The City Council must approve this action a Salary An employee's salary increase may be withheld or the salary may be decreased due to performance deficiencies. Dismissal The City Administrator,with the approval of the City Council may dismiss an employee for substandard work performance,serious misconduct or behavior not in keeping with city standards If the disciplinary action involves the removal of a qualified veteranwho has completed his/her initial probatigaM period,the a ro riate hearing notice will be provided and all rights will be afforded the veteran in accordance with Minnesota law. Grievance Procedure Any dispute between an employee and the city relative to the application meaning or interpretation of these personnel policies(other than at the end of any probationary period)will be settled in the following manner,labor agreements may outline alternative methods for such represented parties which will be followed: Step 1:The employee must present the grievance in writing to his/her supervisor,stating the nature of the grievance,the date at which the incident allegedly occurred the facts on which it is based the provision or provisions of the personnel policies allegedly violated and the remedy requested to the proper supervisor within twenty-one(2 1)days after the alleged violation or dispute has occurred The supervisor will respond to the employee in writing within seven(7)calendar days Step 2:If the grievance has not been settled in accordance with Step 1 it must be presented in writing by the employee to the City Administrator,stating the nature of the grievance the date at which the incident allegedly occurred,the facts on which it is based the provision or provisions of the Personnel Policies allegedly violated,and the remedy requested by the employee to the City Administrator within seven(7) days after the supervisor's response is due The city administrator or his/her designee will respond to the employee in writing within seven(7)calendar days The decision of the City Administrator is final for all disputes with exception of those specific components in a performance evaluation subject to a challenge through the Minnesota Department of Administration City of Oak Park Heights by the City(^ •1OF+1. Cit A d tE ter-F +eause. T emetions5 Right to Mom! la A eases of Suspenskm and wt dismissal, oY and n4 the of thesir.(6)month pr-ebafimaiy .'the dated, employee's ' 'file within five(5)werking y the sWe" e.t eras'an employee a shall L_ Aed a hea $g-38r £a the City C6u38:iSaid ho4ril� be held-ne Wer-than ten(1 Al the date Ffiling r an employee request ror a he- Retirement Employees for the City of Oak Park Heights may work until they can no longer perform the essential functions of the job. Page 124 of 202 - 17- Public Employees Retirement Association (PERA) For most employees,the Public Employees Retirement Association(PERA)is a mandatory program authorized by state law to supplement social security retirement benefits for certain public sector employees. Under this plan,a percentage of an employee's salary is automatically deducted from your paycheck and an additional percentage is contributed by the City of Oak Park Heights. These percentages are established by state law. The funds are forwarded to PERA and credited to the employee's account. If an employee leaves employment with the City of Oak Park Heights before retirement and they desire to withdraw the amount they have contributed to PERA(employees may not receive the portion paid by the City;it remains with PERA),the employee may request such a refund,usually with interest. Withdrawal forfeits any potential retirement payments which the contributions may have earned the employee. To be eligible for PERA benefits,employees must be a member for the minimum number of years required under current PERA regulations. Each year,employees will receive correspondence from PERA detailing contributions and other pertinent retirement information. Employees should review the yearly information carefully to keep up-to-date on the benefits accrued through the retirement fund. For additional information,contact the Finance Department. Page 125 of 202 - 18- Section 4 Time Off Sick Leave Eli How Earned Sick leave with pay shall be granted to all probationary and permanent employees according to the following schedule: • One(1)day per month for each month of employment or major portion thereof. • Each employee shall be allowed a maximum accumulation of one hundred forty-eight(148)days of sick leave. After the maximum accumulation is reached,each employee shall earn sick leave at the rate of one-half(1/2)day banked per month of sick leave. Banked sick leave shall be used only after the maximum accumulation of one hundred forty-eight(148)days is exhausted. Requirements of Employee: In order for an employee to be eligible for sick leave with pay,he/she shall: • Communicate with his/her immediate supervisor, as soon as possible after the scheduled start of the work day,for each and evpU day absent-, • Keen his/her immediate supervisor informed of the status of the illness/injury or the condition of the ill family member: • Submit a physician's statement upon request After an absence,a physician's statement may be required on the employee's first day back to work mdicatin2 the nature of the illness or medical condition and attesting to the employee's ability to return to work and safely Perform the essential functions of the job with or without reasonable accommodation Any work restrictions must be stated clearly on the return-to-work form Emplovees who have been asked to Provide such a statement may not be allowed to return to work until they comply with this provision Sick leave may be denied for any employee required to provide a doctor's statement until such a statement is provided. The city has the right to obtain a second medical opinion to determine the validity of an employee's _workers' compensation or sick leave claim, or to obtain information related to restrictions or an emplovee's ability to work.The city will arrange and pay for an appropriate medical evaluation when it is required by the city. Emplovees must normally use sick leave prior to using paid vacation or compensatory time and prior to an Maid leave of absence during a medical leave Sick leave will normally not be approved after an employee gives notice that he or she will be terminating employment.Exceptions must be approved by the City Administrator. Sick leave cannot be transferred from one employee to another.Earned sick leave has no cash value upon termination or retirement except as provided in Section 3 regarding severance Page 126 of 202 - 19- When Granted Sick leave may be granted at the discretion of the department head or,in his/her absence,the City Administrator. In general,sick leave may be used as follows: • When an employee is unable to perform work duties due to illness or disability(including pregnancy). • For medical,dental or other care provider appointments • When an employee has been exposed to a contagious disease of such a nature that his/her presence at the work place could endanger the health of others • To care for the employee's injured or ill children including stepchildren or foster children for such reasonable periods as the employee's attendance with the child may be necessary. • To take children,or other family members to a medical dental or other care provider appointment • To care for an ill spouse father,father-in-law mother,mother-in-law,stepparent grandparent grandchild,sister or brother. Pursuant to Minn. Stat. §181.9413 eligible employees may use up to 160 hours of sick leave in any 12-month period for absences due to an illness of or injury to the employee's adult child spouse, sibling,parent grandparent stepparent parent-in-law(mother-in-law and father-in-law),and grandchild(includes step-grandchild,biological adopted or foster grandchild). • Safety leave[New July 1 20141 Employees are authorized to use sick leave for reasonable absences for themselves or relatives(employee's adult child spouse sibling,parent mother-in- law,father-in-law,grandchild grandparent or stepparent)who are providing or receiving assistance because they,or a relative,is a victim of sexual assault domestic abuse or stalking Safety leave for those listed,other than the employee and the employee's child is limited to 160 hours in any 12-month period. T-Wr,leave may be gFanted erAy fer-per-semi illness or pemenal legal quarant4ae,of berause of ser-i ilkwrys in the immediate ' T •- ediate Txiaxy shall iomi caxoxa ofthe capxv7vo,o.opv�xabrvr the employee, ,sistef,parent,pasor speuse e'aP'*aw. Penalty Claiming sick leave when physically fit,except as permitted may be cause for disciplinary action including transfer,demotion,suspension,or dismissal Bereavement Leave When necessary and upon approval by the City Administrator,up to five(5)days of sick leave with pay shall be used in case of death in the family. The degree of relationship includes spouse,parents,spouse's parents,children,brothers and sisters,brothers-in-law,sisters-in-law,grandparents,grandchildren,and step-children. Pr,ee€Requied In ordef feF an employee k leave with r Repeft r r y to his/bef YeRmat head the +-avovavv • Keep dAp.}Ftmeat hand 4&Fmod e fhis her..e«,,:tion if the b -*—h--t,. - (3) - seoudays i thme(3)eenseGutive days a Y J J Yt as a——en,inaluding demefi esuspension, Page 127 of 202 -20- Vacation Accrual Vacation shall be earned on a pro-rata monthly accrual: Years of Service Days Per Year 0 thru 5 10 5/6 day per month 6 thru 10 15 1-1/4 days per month 11 thru 15 20 1-2/3 days per month 16 and more 1 additional day per year,maximum of 25 days per year Employees may accrue vacation leave to a maximum of forty(40)working days. After two(2)years of service,permanent employees shall be granted two(2)days personal leave with pay, to take care of personal business that can only be taken care of during normal working hours. Said leave will be non-accumulative and subject to prior approval of the department head and/or City Administrator. Extra Vacation Pav Employees who maintain a sick leave balance of one hundred(100)days annually shall receive one(1) additional day's vacation per year. Usage Employees must take at least five(5)working days of said vacation days consecutively each year. Vacation time shall be taken in increments of not less than four(4)consecutive hours. When Taken After six(6)months of employment,employees shall be authorized to use accumulated vacation benefits. Ap roval No employee shall take vacation leave without prior approval of the department head. The department head,upon receipt of such notice and subsequent approval,shall inform the City Administrator of the vacation time. Holidays The following twelve(12)holidays will be observed as paid holidays for City employees: • New Year's Day • Martin Luther King,Jr.Day • President's Day • Memorial Day • Independence Day • Labor Day • Veteran's Day • Thanksgiving Day • Day after Thanksgiving Day • Christmas Eve • Christmas Day • Floating Holiday(for employee to schedule) No City business shall be transacted on any holiday,except in cases of necessity. Page 128 of 202 -21 - Upon Termination I Any employee leaving the municipal service after giving proper notice of such termination of employment, shall be compensated for vacation leave accrued and unused to the date of separation. Leaves of Absence Depending upon an employee's situation more than one form of leave may apply during the same period of time(e.g.,the Family and Medical Leave Act is likely to apply during a workers'compensation absence).An emplovee will need to meet the requirements of each form of leave separately.Leave requests will be evaluated on a case-by-case basis _Except as otherwise stated all paid time off,taken under any of the Citv's leave programs,must be taken consecutively,with no intervening unpaid leave The City will provide employees with time away from work as required by state or federal statutes if there are requirements for such time off that are not described in the personnel policies Intermittent Leave Leave can be taken intermittently or on a reduced schedule when it is deemed to be medically necessary. The employer may require the employee to transfer temporarily to an alternative position with equivalent pay and benefits that better accommodates the intermittent leave than the regular position.All requests for intermittent leave shall be evaluated on a case-by-case basis. Leave without pay Upon consideration of a formal written request by an employee,a leave of absence without pay may be granted at the discretion of the City Administrator and,in the instance of leave requested by the City Administrator,granted at the discretion of the Council Designee,all based on consideration of the following factors: • Municipal service needs • The employee's performance record and length of service • The reason(s)for the request • Any other relevant information If granted,unpaid leave of absence may not exceed beyond a period of ninety(90)continuous calendar days. An extension beyond that period may be granted at the discretion of the City Administrator; however,an unpaid leave of absence shall not exceed one(1)calendar year,except when the employee is in the military service or has been disabled while performing job duties in the municipal service. Benefits including vacation,holidays,sick leave,or other forms of indirect compensation shall not accrue during a period of unpaid leaves of absence. Employees shall not be credited with service accrual while on unpaid leaves of absence. During the first calendar month,or portion thereof,which an employee begins an unpaid leave of absence,the employee may continue to be covered by group health insurance,but will be responsible for paying one hundred percent(100°/x)of the premium costs. Any exceptions to this policy will require the approval of the City Council. An unpaid leave of absence shall require the advance written approval of the City Administrator,based upon the recommendation of the employee's department head. Unpaid leaves as it affects the request of the Page 129 of 202 -22- City Administrator through same shall be based upon the recommendation of the Council Designee and require advance written approval of the Council Designee. Emvlovees returning from a leave without pay for a reason other than a qualified Parenting Leave or FMLA,will be guaranteed return to the original position only for absences of thirty(30)calendar days or less. Employees receiving leave without nay in excess of thirty(30)calendar days for reasons other than qualified Parenting Leave or FMLA,are not guaranteed return to their original position If their original position or a position of similar or lesser status is available it may be offered at the discretion of the City administrator subject to approval of the City Council Administrative Leave Under special circumstances,an employee may be placed on an administrative leave pending the outcome of an internal or external investigation.The leave may be paid or unpaid depending on the circumstances as determined by the City Administrator with the approyal of the_Cit!_Council. Parental Leave for School Conferences Any employee who has worked half-time or more may take unpaid leave for up to a total of sixteen(16) hours during any 12-month period to attend school conferences or classroom activities related to the employee's child(under 18 or under 20 and still attending secondary school) provided the conference or classroom activities cannot be scheduled during non-work hours When the leave cannot be scheduled during non-work hours and the need for the leave is foreseeable the employee must provide reasonable prior notice of the leave and make a reasonable effort to schedule the leave so as not to disrupt unduly the operations of the City.Employees may choose to use vacation leave hours for this absence but are not required to do so. RegWar Ail time employees may leave p to a tee l of s me n(1 6)h_urs a.F;ng NW -' --' employee'seenfemnees or-school elassr-eem aetivities related to the ,.hila., seFASes as defined *r . St . Victim or Witness Leave An emnlover must allow a victim or witness who is subpoenaed and requested by the prosecutor to attend ,ourt for the purpose of giving testimony or is the spouse or immediate family member(immediate family member includes parent,spouse,child or sibling of the employee)of such victim reasonable time off from xork to attend criminal proceedings related to the victim's case [See Safety Leave under the Sick Leave Policy for additional information on leave benefits available to employees and certain family members]. Pregnancv and Parenting Leave Emnlovees who work twenty(20)hours or more per week and have been employed more than one year are entitled to take an unpaid leave of absence under the Pregnancy and Parenting Leave Act of Minnesota Female employees for prenatal care or incapacity due to pregnancy,childbirth or related health conditions as well as a biological or adoptive parent in conjunction with after the birth or adoption of a child are eligible for up to 12 weeks of unpaid leave and must begin within twelve(12)months of the birth or adoption of the child.In the case where the child must remain in the hospital longer than the mother,the leave must begin within 12 months after the child leaves the hospital Employee should provide reasonable notice,which is at least 30 days.If the leave must be taken in less than three days the employee should give as much notice as practicable. Employees are re uired to use accrued leave i.e. sick leave vacation leave etc. during Parenting Leave If the emplovee has any FMLA eligibility remaining at the time this leave commences this leave will also count as FMLA leave.The two leaves will run concurrently.The emnlovee is entitled to return to work in the same position and at the same rate of pay the employee was receiving prior to commencement of the Page 130 of 202 -23- leave.Group insurance coverage will remain available while the emplovee is on leave pursuant to the Pregnancy and Parenting Leave Act but the employee will be responsible for the entire premium unless otherwise provided in this policy(i.e.,where leave is also FMLA qualifying) For employees on a FMLA absence as well,the employer contributions toward insurance benefits will continue during the FMLA leave of absence. Adoptive Parents Adoptive parents will be given the same opportunities for leave as biological parents(see provisions for Parenting Leave).The leave must be for the purpose of arranging the child's placement or caring for the child after placement. Such leave must begin before or at the time of the child's placement in the adoptive home. Reasonable Unpaid Work Time for Nursing Mothers Nursing mothers will be provided reasonable unpaid break time to express milk for nursing her child for one year after the child's birth The city will provide a room(other than a bathroom)as close as possible to the employee's work area that is shielded from view and free from intrusion from coworkers and the public and includes access to an electrical outlet Bone Marrow/Organ Donation Leave Em plovees working an average of 20 or more hours per week may take paid leave not to exceed 40 hours unless agreed to by the City,to undergo medical procedures to donate bone marrow or an organ The 40 hours is over and above the amount of accrued time the emplovee has earned The city may require a physician's verification of the purpose and length of the leave requested to donate bone marrow or an organ.If there is a medical determination that the emplovee does not qualify as a bone marrow or or an donor,the Daid.leave of absence anted to the em to ee prior to that medical determination is not forfeited. ElectionsNotinLy An employee selected to serve as an election judge pursuant to Minnesota law,will be allowed time off without pay for purooses of serving as an election judge provided that the e=lovee gives the City at least twenty(20)days written notice. All employees eligible to vote at a State general election at an election to fill a vacancy in the office of United States Senator or Representative or in a Presidential primary,will be allowed time off with pay to vote on election day.Employees wanting to take advantage of such leave are required to work with their supervisors to avoid coverage issues �amily and Medical Leave Act1LmBil I In accordance with the Federal Family and Medical Leave Act(FMLA),unpaid job-protected leave will be granted to all eligible employees(male and female)for up to twelve(12)weeks per twelve(12)month period for any of the following reasons: • Birth,adoption,or foster care placement of a child • To care for a spouse,child,or parent who has a serious health condition For a serious health condition that makes the employee unable to perform the functions of the position, • A covered military member's active duty or call to duty or to care for a covered military member (Military Caregiver and Qualified Exigency Leave)(described below). Page 131 of 202 -24- Definitions 24-Definitions • "Spouse"does not include domestic partners or common-law spouses • "Caring for"a covered family member includes psychological as well as physical care It also includes acquiring care and sharing care duties An eligible"child,"with some exceptions is under 18 years of age. • An eligible"parent"includes a biological parent or a person who stood in the place of a parent • "Serious Health Condition"means an illness injury,impairment or physical or mental condition that involves one of the followin o Hospital Care:Any period of incapacity or treatment connected with inpatient care(i.e.,an overnight stay)in a hospital hospice or residential medical care facility, o Pregnancy'Any period of incapacity due to pregnancy,prenatal medical care or child birth-, o Absence Plus Treatment: A period of incapacity of more than three consecutive calendar days that also involves continuing treatment by or under the supervision of a health care provider. o Chronic Conditions Requiring Treatments:An incapacity from a chronic condition which requires periodic visits for treatment by a health care provider,continues over an extended period of time,and may cause episodic rather than a continuing period of incapacity o Permanent/Long-Term Conditions Requiring Supervision-A period of incapacity that is permanent or long-term due to a condition for which treatment may or may not be effective (e.g.,Alzheimer's,a severe stroke terminal diseases etc.). The employee or family member must be under the continuing supervision of but need not be receiving active treatment by a health care provider. o Multiple Treatments: An period of absence to receive multiple treatments(including an period of recovery therefrom by a health care provider or by a provider of health care services under orders of,or on referral by,a health care provider. EHIzibility An eligible employee is one who has worked for the City for at least: • Twelve(12)months,and • 1,250 hours during the twelve month period prior to requesting the leave.The principles established under the Fair Labor Standards Act("FLSA")determine the number of hours worked by an employ The 1250 hours include only on-the-clock hours worked and do not include leave PTO or vacation hours. Length of Leave The length of FMLA is not to exceed twelve(12)weeks in any twelve(12)month period. The entitlement to FMLA Leave for the birth or placement of a child expires twelve(12) months after the birth or placement of the child. Leave Year The leave year shall commence the first day the employee is absent from work on FMLA Leave. Substitution of Paid Leave Time An employee may request,or the employer may require that the employee substitute accrued sick leave or vacation time for all or part of a family/medical leave taken for any reason. Page 132 of 202 -25 - Notice 25 -Notice of Leave The employee is to give notice of at least thirty(30)days prior to the date on which leave is to begin. If thirty(30)days notice cannot be given,the employee must give as much notice as practicable. If an employee fails to give thirty(30)days notice for a foreseeable leave with no reasonable explanation for the delay,the leave will be denied until thirty(30)days after the employee provides notice. Notification for request for family/medical leave must be submitted in writing. Certification and Document Requirements For leave due to an employee's serious health condition or that of an employee's family member,the City will require the completion of a Medical Certification form by the attending physician or practitioner.The form must be submitted by the employee to the City Administrator within fifteen 05)calendar dam leave is requested.If the form is not submitted in a timely fashion,the employee must provide a reasonable explanation for the delay.Failure to provide medical certification may result in a denial or delay of the leave. When leave is due to an employee's own serious health condition a fitness for duty certification(FFD)will be required before an employee can return to work Failure to timely provide such certification may eliminate or de1gy an employee's right to reinstatement under the FMLA If an employee is using intermittent leave and reasonable safety concerns exist regarding the em llooyee's ability to Derform his or her duties a FFD certificate may be required as freguently as every 30 days during Periods when the employee has used intermittent leave Recertification of leave may be required if the employee requests an extension of the original length approved by the City or if the circumstances regarding the leave have changed Recertification may also be required if there is a question as to the validity of the certification or if the employee is unable to return to work due to the serious health condition rendition of a AM,spouse,or-paFent of the empjoyee. A"CeFtifiratioaofPhysirianer-Prwthienee'feFm is reasonably pmefieable. The City may require a second or a third opinion at the City's expense. The City requires an employee on FMLA leave to report periodically on the employee's status and intent to return to work. 4nnual Medical Certification and Recertification JVhere the employee's need for leave due to the employee's own serious health condition lasts beyond a Ingle leave year,the City will require employees to provide a new medical certification in each subsequent eave year. How Leave May be Taken FMLA leave may be taken for 12(or less)consecutive weeks may be used intermittent) (+tea day periodically when needed),or may be used to reduce the workweek or workday,resulting in a reduced hour schedule. In all cases,the leave may not exceed a total of 12 workweeks Intermittent leave may be taken when medically necessary for the employee's serious health condition or to care for a seriously ill family member.Intermittent leave must be documented in the medical certification form as medically necessary. Page 133 of 202 -26- If an employee is taking intermittent leave or leave on a reduced schedule for planned medical treatment the employee must make a reasonable effort to schedule the treatment so as to not disru tp the City's business. In instances when intermittent or reduced schedule leave for the employee or eWlovee's family member is foreseeable or is for planned medical treatment including recovery from a serious health condition the City may temporarily transfer an employee to an available altemative position with equivalent pay and benefits if the alternative position would better accommodate the intermittent or reduced schedule Intermittent/reduced scheduled leave may be taken to care for a newborn or newly placed adopted or foster care child only with the City's approval Reinstatement Employees returning from Family and Medical Leave will be reinstated in the same position or a position equivalent in pay,benefits,and other terms and conditions of employment Benefits, Concurrent Leave and Substitution of Paid Leave An employee granted leave under this policy will continue to be covered under the Cijys group health and dental insurance plan under the same conditions and at the same level of City contribution as would have been provided had the employee been continuously mployed during the leave period The emplovee will be required to continue payment of the employee portion of g`up insurance coverage while on leave Arrangements for payment of the employee's portion of premiums must be made by the employee with the Q If there are changes in the City's contribution levels while the employee is on leave those changes will take place as if the employee were still on the iob Rights to additional continued benefits will depend on whether leave is paid or unpaid Any paid disability leave benefits(Short Term Disability or Long Term Disability) sick leave Paid Time Off(PTO)or compensatory time off available to employees for a covered reason(an employee's serious health condition or a covered family member's serious health condition including worker's compensation leave and Minnesota State Parenting Leave)will run concurrently with FMLA Failure to Return to Work After FMLA Under certain circumstances if the employee does not return to work at the end of the FMLA leave for at least 30 calendar days the City may require the employee to repay the portion of the monthly cost paid by the City for group health plan benefits The City may also require the employee to repay any amounts the Civ paid on the employee's behalf to maintain benefits other than group health plan benefits FMLA- Qualified Exigency and MilitM Caregiver Leave Qualified Exigency Eligible employees whose spouse son daughter,or parent either has been notified of an impending call or order to covered active military duty or who is already on covered active duty may take up to 12 weeks of leave for reasons related to or affected by the family member's call-up or service The gualifying exigency must be one of the following 1)short-notice deplovment• (2)military events and activities:(3)childcare and school activities;(3)financial and legal arrangements;(5)counseling;(6 rest and recuperation;(7)post-deployment activities;(8)parental care,•or(9)additional activities that arise out of active duty,provided that the employer and employee agree including agreement on timing and duration of the leave. Page 134 of 202 -27- Military Caregiver Leave An employee eligible for FMLA leave(described above)who is the shouse son daughter,parent or next of kin of a covered servicemember may take up to 26 weeks in a single 12-month period to care for that servicemember. The family member must be a current member of the Armed Forces(including a member of the National Guard or Reserves),who has a serious injury or illness incurred in the line of duty on active duty for which he or she is undergoing medical treatment recuperation or therapy or otherwise is on outpatient status or on the temporary disability retired list Eli ible employees may not take leave under this provision to care for former members of the Armed Forces former members of the National Guard and Reserves or members on the permanent disability retired list Definitions • A"son or daughter of a covered servicemember"means the covered servicemember's biological adopted,or foster child stepchild legal ward or a child for whom the covered servicemember stood in loco parentis,and who is of any age. • A"parent of a covered servicemember"means a covered servicemember's biological adoptive, step,or foster father or mother,or any other individual who stood in loco parentis to the covered servicemember.This term does not include parents"in law." The"next of kin of a covered servicemember"is the nearest blood relative other than the covered servicemember's spouse,parent son or daughter,in the following order of priority blood relatives who have been granted legal custody of the servicemember by court decree or statutory provisions brothers and sisters,grandparents,aunts and uncles and first cousins unless the covered servicemember has specifically designated in writing another blood relative as his or her nearest blood relative for purposes of military caregiver leave under the FMLA.When no such designation is made and there are multiple family members with the same level of relationship to the covered servicemember,all such family members shall be considered the covered servicemember's next of kin and may take FMLA leave to provide care to the covered servicemember.either consecutively or simultaneously.When such designation has been made the designated individual shall be deemed to be the covered servicemember's only next of kin "Covered active duty"means: o "Covered active duty"for members of a regular component of the Armed Forces means duty during deployment of the member with the Armed Forces to a foreign country o "Covered active duty"for members of the reserve components of the Armed Forces(members of the U.S.National Guard and Reserves)means duty during deployment of the member with the Armed Forces to a foreign country under a call or order to active duty in a contingency operation as defined in section 101(a)(13)(B)of Title 10 of the United States Code "Covered servicemember"means: o An Armed Forces member(including the National Guard or Reserves)undergoing medical treatment,recuperation,or therapy or otherwise in outpatient status or on the temporary disability retired list,for a serious iniury or illness".or o A veteran who is undergoing medical treatment recuperation or therapy,for a serious iniury or illness and who was a member of the Armed Forces(including a member of the National Guard or Reserves)at any time during the period of 5 years preceding the date on which the veteran undergoes that medical treatment recuperation or therapy. "Serious i im or illness"means: o In the case of a member of the Armed Forces(including a member of the National Guard or Reserves),means an injury or illness that was incurred by the member in line of duty on active duty in the Armed Forces(or existed before the beginning of the member's active duty and was aggravated by service in line of duty on active duty in the Armed Forces)and that may render the member medically unfit to perform the duties of the member's office grade rank or rating,• and Page 135 of 202 -28- o In the case of a veteran who was a member of the Armed Forces(including a member of the National Guard or Reserves)at any time during a period when the Person was a covered servicemember, means a aualifvjng(as defined by the Secretary of Labor)injury or illness incurred by a covered servicemember in the line of duty on active duty that may render the servicemember medically unfit to perform the duties of his or her office grade rank or rating Amount of Leave: Qualified Exi ency An eligible employee can take up to 12 weeks of leave for a gualified exigency. Amount of Leave: Military Caregiver An eligible employee taking military caregiver leave is entitled to 26 workweeks of leave during a"since 12-month period."The"single 12-month period"begins on the first day the eligible employee takes FMLA leave to care for a covered servicemember and ends 12 months after that date Leave taken for any FMLA reason counts towards the 26-week entitlement If an employee does not take all 26 workweeks of leave to care for a covered servicemember during this"single 12-month period,"the remaining part of the 26 workweeks of leave entitlement to care for the covered servicemember is forfeited 29 C.F.R. .4 825.127(e)(1)(2017) Certification of Quafif3dgg Exigency for Military Family The City will require certification of the qualifying exigency for military family leave The employee must respond to such a request within 15 days of the request or provide a reasonable explanation for the delay, Failure to Provide certification may result in a denial of continuation of leave This certification will be provided using the DOL Certification of Qualifying Exigency for Military Family Leave Certification for Serious Injury or Illness of Covered Servicemember or Military FamilyLeave The City will require certification for the serious injury or illness of the covered servicemember.The employee must respond to such a request within 15 days of the request or provide a reasonable explanation for the delay.Failure to provide certification may result in a denial of continuation of leave This certification will be provided using the DOL Certification for Serious Injury or Illness of Covered Servicemember. All other provisions of the FMLA policy,including Use of Paid Leave Employee Status and Benefits During Leave.Procedure for Reguesting Leave and Benefits During Leave and Reinstatement are outlined lbove in the FMLA policv. Jury Du A City of Oak Park Heights employee required to serve as a juror or under subpoena as a witness in court shall be granted a leave of absence while serving in such capacity. Such employee shall receive the amount of the difference between the employee's regular salary and jury duty pay or fees received for service. An employee shall assign the jury duty pay,less pay received for mileage and expenses,to the City and the City shall pay the employee their regular salary for the time served as a juror. An employee cannot receive more than the employee's normal take-home pay as a result of any City pay supplement to jury duty pay. If the jury is dismissed prior to the end of the employee's work day,the employee shall report to work if practicable. Page 136 of 202 29 - Military Leave State and federal laws provide protections and benefits to city employees who are called to military service whether in the reserves or on active duty. Such employees are entitled to a leave of absence without loss of pay,seniority status,efficiency rating or benefits for the time the employee is engaged in training or active service not exceeding a total of 15 da s in any calendar year. The leave of absence is only in the event the employee returns to employment with the city as required upon being relieved from service or is prevented from returning by physical or mental disability or other cause not the fault of the employee or is required by the proper authority to continue in military or naval service beyond the fifteen 05)day paid leave of absence Employees on extended unpaid military leave will receive fifteen(15)days paid leave of absence in each calendar year,not to exceed five years Where possible,notice is to be provided to the city at least ten(10)working days in advance of the requested leave.If an employee has not vet used his/her fifteen(15)days of paid leave when called to active duty,any unused paid time will be allowed for the active duty time prior to the unpaid leave of absence. Employees returning from military service will be reemployed in the job that they would have attained had they not been absent for military service and with the same seniority status and pay,as well as other rights and benefits determined by seniority.Unpaid military leave will be considered hours worked for the purpose of vacation leave and sick leave accruals Eligibility for continuation of insurance coverage for employees on military leave beyond fifteen(15)days will follow the same procedures as for any employee on an unpaid leave of absence Employees will be granted up to ten(10)working dans of unpaid leave whose immediate family member is a member of the United States armed forces who has been injured or killed while engaged in active service The 10 days may be reduced if an employee elects to use appropriate accrued paid leave Unless the leave would unduly disrupt the operations of the city,employees whose immediate family member,as a member of the United States armed forces has been ordered into active service in support of a war or other national emergency will be granted an unpaid leave of absence not to exceed one day's duration in any calendar year,to attend a send-off or homecoming ceremony for the mobilized service member. Section 5 Disability/Modified Duty Light Duty/Modified DutyAssignment This policy is to establish guidelines for temporary assignment of work to temporarily disabled employees who are medically unable to perform their regular work duties Light duty is evaluated by the City Administrator on a case-by-case basis This policy does not guarantee assignment to light duty. Such assignments are for short-term temporary disability-type poroses;assignment of light duty is at the discretion of the City Administrator.The City Administrator reserves the right to determine when and if light duty work will be assigned. When an employee is unable to perform the essential requirements of his/her job due to a temporary disability,he/she will notify the supervisor in writing as to the nature and extent of the disability and the reason why he/she is unable to perform the essential functions duties and requirements of the position This notice must be accompanied by a physician's report containing a diagnosis current treatment and any Page 137 of 202 -30- work restrictions related to the temporary disability. The notice must include the expected time frame regarding return to work with no restrictions meeting all essential requirements and functions of the citL's job description along with a written request for light duty.Upon receipt of the written request the supervisor is to forward a copy of the report to the City Administrator.The City may require a medical exam conducted by a physician selected by the City to verify the diagnosis current treatment expected length of temporary disability,and work restrictions It is at the discretion of the City Administrator whether or not to assign light duty work to the employee Although this policy is handled on a case-by-case basis light duty will not generally be approved beyond six months. If the City offers a light duty assignment to an employee who is out on workers' compensation leave the employee may be subiect to penalties if he/she refuses such work The city will not however,require an employee who is otherwise qualified for protection under the Family and Medical Leave Act to accept a hght duty asst The circumstances of each disabled employee performing light duty work will be reviewed re ularly Any light duty/modified work assignment may be discontinued at an Reasonable Accommodations to an Employee for Health Conditions Relating to Pre nancy The city will attempt to provide a female employee who requests reasonable accommodation with the Mowing for her health conditions related to her pregnancy or childbirth: • More frequent restroom food and water breaks,• • Seating; • Limits on lifting over 20 pounds,• and/or • Temporary transfer to a less strenuous or hazardous position should one be available The City will engage in an interactive process with respect to an employee'squest for a reasonable accommodation. absence,The City ef Oak Park Heights eemplies v,;M&e la%s of the Stme efMiamseta Fegarding leaves ef absenee 841"es afthe r assigned. pBe oif sition w w emp1eyee f , t l� longer- , and dmt the all duties of •ti 4 which ._ employe =, .� Page 138 of 202 -31 - Section -56 Safety The personal safety and health of each employee of the City of Oak Park Heights and the prevention of occupationally induced injuries and illnesses is of primary importance. To the greatest degree possible,the City seeks to maintain a safe and hazard-free work environment. Employees are required to: • Immediately report to a supervisor all unsafe equipment,practices,or procedures which may nose a threat to the safety of employees or others • Cooperate with and assist in the investigation of accidents to identify the causes and to prevent recurrence • Observe and promote safe work habits I !Report injuries to supervisor immediately 0 In the case of an emergency,call 911 On The Job Injury An employee who is temporarily disabled from work by an injury or illness sustained in a performance of the employee's work with the City may be eligible for Workers'Compensation subject to the provisions of the State of Minnesota's Workers'Compensation Law. Unsafe Behavior Supervisors are authorized to send an employee home immediately when the employee's behavior violates the crtv's personnel policies department policies or creates a potential health or safety issue for the employee or others.The decision of whether such leave will be paid or unpaid should be made pursuant to Section 3 Discipline Process Section 3 _Workers' Compensation An employee who becomes eligible to receive Workers'Compensation will receive full base pay,less compensation received from any other source(including Workers' Compensation and/or disability insurance)made available to the employee through a benefit provided all or in part by the City of Oak Park Heights,according to the following schedule: Up to twelve(12)months pay without loss to any accrued sick leave or vacation,provided the injury is of the nature which is covered by Workers' Compensation. Page 139 of 202 -32 - Section 67 Benefits Health Insurance The City of Oak Park Heights provides full-time regular employees with a comprehensive hospital and major medical group health insurance plan. The City pays a portion of the premium for employees and their dependents. The employee portion of the premium is deducted from the employee's paycheck. Pursuant to applicable state and federal law requirements,employees who terminate employment with the City for any reason other than retirement may be eligible to continue with the group health care program. Changes in family status,eligibility for Medicare,or death of a spouse may also warrant continuing coverage. The employee must pay the premiums for this continuation of coverage. Employees who retire and are receiving retirement benefits are eligible to continue the group health care program and shall be responsible for the premium cost. Employees on an unpaid leave of absence are responsible for the full payment of insurance premiums and are required to maintain the same level of health insurance coverage while on unpaid leaves of absence that was in effect prior to the leave. Life Insurance The City provides full-time regular employees with group term life insurance with accidental death and dismemberment coverage in the amount of$50,000.00. (The amount of life insurance provided may vary according to the labor agreement.) In compliance with state and federal law,employees who terminate their employment with the City may be eligible to continue the group term life insurance program at the employee's expense. Employees who retire and are receiving retirement benefits are eligible to continue group life insurance benefits at the employee's expense. Employees on unpaid leaves of absence may retain insurance coverage at their own expense. Contact the Finance Department for additional information. E Disability Insurance The City provides full-time regular employees with long term disability insurance. IDeferred Com ensation Regular full-time employees are eligible to participate in the Deferred Compensation Plan. This voluntary supplemental retirement plan allows employees to have part of their annual salary withheld and invested for payment to the employee upon termination or retirement. The deferred amount and the interest earned on the investments are not subject to current State and Federal income tax. When the employee receives the money,it will be taxed as ordinary income based on regular W-4 withholdings. The City's Deferred Compensation Plan is regulated by the Internal Revenue Service(IRS 457). Employees may defer a percentage of their salary,up to an IRS regulatory maximum,in any one calendar year.Prior to retirement,employees may defer an additional amount under a catch-up provision pursuant to IRS regulation. Page 140 of 202 -33- Section 33-Section 125 Flexible Benefits Plan All regular full-time employees who have completed their specified probationary period are eligible to participate in the City's"Section 125 Flexible Benefits Plan".This voluntary,employee funded flexible benefits plan as authorized by the Internal Revenue Service(IRS),allows employees to dedicate a portion of their earnings,pre-tax,into a special fund from which they can withdraw to purchase authorized goods and services.The City's maximum allowable annual contributions and withdrawals per employee under this program shall be$5,000 for dependant care and$3,000 medical/health reimbursements.The City shall follow all rules relating to this program as authorized by the IRS and per the terms of the City's Flexible Benefits Plan document. Should the availability of the Section 125 Flexible Benefits Plan program be effectively eliminated by the IRS or should the costs of managing the program or the benefits received not be in the best interests of the City,the City specifically reserves the right to terminate the flexible benefits plan at the completion of the current term year. Page 141 of 202 -34- Section -78 City Policies Respectful Workplace Policy The intent of this policy is to provide general guidelines about conduct that is and is not appropriate in the workplace and other city-sponsored social events The City acknowledges this pohcv cannot Possibly predict all situations that might arise and also recognizes that some emplovees are exnosed to disrespectful behavior, and even violence by the veru nature of their jobs This Policy supplements other City adopted yohcies that may relate to Sexual harassment workplace violence or other workforce relationships Applicability Maintaining a respectful public service work environment is a shared responsibility. This policy is applicable to all city emplovees volunteers firefighters members of boards and commissions and City Council members. Abusive Customer Behavior While the City has a strong commitment to customer service the City does not expect employees to accept verbal and other abuse from any customer. An employee may request that a supervisor intervene when a customer is abusive or the employee may defuse the situation themselves including professional) ending nding the contact If there is a concem about the possibility of violence the individual should use his/her discretion to call 911, and as soon as feasible, involve a supervisor. Employees should leave the area immediately when violence is imminent unless their duties require them to remain(such as police officers) Employees must notify their supervisor about the incident as soon as possible Types of Disrespectful Behavior The following behaviors are unacceptable and therefore prohibited even if not unlawful in and of themselves: • Violent behavior: includes the use of physical force harassment bullying or intimidation _• Discriminatory behavior: includes inappropriate remarks about or conduct related to a person's race, color, creed religion national origin, disability, sex pregnancy, gender, marital status age sexual orientation, gender identity gender expression familial status or status with regard to public assistance. • Offensive behavior: includes angry outbursts inappropriate humor, vulgar obscenities name calling, disparaging language or any other behavior reasonably regarded as offensive based upon violent or discriminatory behavior as listed above To determine what behavior constitutes "offensive."one must take into account the sensibilities of employees and the possibility of public reaction. Although the standard for how employees treat each other and the general public will be the same throughout the City, there may be differences between work groups about what is appropriate in circumstances unique to a work group If an employee is unsure whether a particular behavior is appropriate, the employee should request clarification from their supervisor or the City Administrator. �- Page 142 of 202 - 35- Sexual harassment: SEE SEXUAL HARASSMENT POLICY Names and Pronouns: Every employee will be addressed by a name and by pronouns that correspond to the employee'sgender identity. A court-ordered name or gender change is not re uired. Confidentiality A person Worting or witnessing a violation of this policy cannot be guaranteed angLnymijy. The erson's name and statements may have to be provided to the alleged offender. All complaints and investigative materials will be contained in a file separate from the involved employees' personnel files If disciplinary action does result from the investigation the results of the disciplinary action will then become a part of the disciplined Mlovee(s)personnel file(s). Retaliation Consistent with the terms of applicable statutes and City personnel policies the City may discipline any individual who retaliates against any person who reports alleged violations of this policy. The City may also discipline any individual who retaliates against any participant in an investigation, proceeding or hearing relating to the report of alleged violations Retaliation includes but is not limited to any form of intimidation,reprisal,or harassment FOR REPORTING INVESTIGATION AND GRIEVANCE PROCEDURE SEE SECTION BELOW ENTITLED PROCEDURE FOR REPORTING INVESTIGATING AND SUBMITTING GRIEVANCES REGARDING WORKPLACE CONDUCT Sexual Harassment Policy The City of Oak Park Heights intends to maintain a work environment free of sexual harassment,a form of sex discrimination prohibited by law. Sexual harassment demeans people and creates unacceptable stress for the entire organization. The City will not tolerate sexual harassment of its employees by any person: employees,elected officials,or members of the public._Violations of this policy may result in discipline including possible termination.Each situation will be evaluated on a case-by-case basis This policy statement is intended to make all employees volunteers members of boards and commissions and elected officials sensitive to the matter of sexual harassment to express the City's strong disapproval of unlawful sexual harassment to advise emi3lovees against this behavior and to inform them of their rights and obligations.The most effective way to address any sexual harassment issue is to bring it to the attention of management. Definitions Sexual harassment can consist of a wide range of unwanted and unwelcome sexually directed behaviors such as unwelcome sexual advances requests for sexual favors and other verbal or physical conduct of a sexual nature when: Submitting to the conduct is made either explicitly or implicitly a term or condition of an individual's employment:or Submitting to or reiecting the conduct is used as the basis for an employment decision affecting an individual's employment or Such conduct has the purpose or result of unreasonably interfering with an individual's work performance or creating an intimidating hostile or offensive work environment Page 143 of 202 -36- Examples of inappropriate behaviors that are unacceptable and therefore prohibited even if not unlawful in and of themselves include: Definitions 1. Unwelcome or unwanted sexual advances such as,but not limited to:patting,pinching,brushing up against,hugging,cornering,kissing,fondling,or any other similar physical contact considered unacceptable by another individual. 2. Requests or demands for sexual favors. This includes subtle or-blatant obvious expectations, pressures,or requests for any type of sexual favor accompanied by an implied or stated promise of preferential treatment or negative consequence concerning one's employment status. I 3. Verbalr written abuse or kidding that is sex orientatedmaking comments that are sexually oriented and considered unacceptable by another individual. This includes commenting about an individual's body or appearance where such comments go beyond mere courtesy;telling"dirty jokes"that are clearly unwanted and considered offensive by others or any other tasteless, sexually-orientated comments,innuendoes or actions that offend others. 4. Creating a work environment that is intimidating,hostile,or offensive because of unwelcome or unwanted sexually-oriented conversations,suggestions,requests,demands,physical contacts or attentions. investigation,An employee who believes they have wiperieaeed sexual har-assmig of"o knew of seadurst they beheN,e might eeastim4e sexual haFassment tewW an empleyee must Eepeft sueh alleged hamssnmA to seymal harassment but fiiiis to take immediate action against it vAll be S*eet te diseipline. FaiNm to take immediate aration against believed haFassment is viewed by the eetu4s as eeadeakW the behavie hwestieatien to all&e fitats presented. Any superviser-,manner or employee who has been fewA after- .. . te have se�magy harassed aaetheF employee will be s*eet to appfepFiate diseiplifhffy aetion u-to and neluding to afie During«b e the o ft fi t 'should t Gity AdmirAs ' detafmine OEM the natury of the allegations and the siFeumstanees r b s suspend, the City Administra�r-has the authority and may pay, tiemssment eemplaint Confidentiality A person reporting or witnessing a violation of this policy cannot be guaranteed anonymity. Theperson's name and statements may have to be provided to the alleged offender. All complaints and investigative materials will be contained in a file separate from the involved employees' personnel files If disciplinary action does result from the investigation the results of the disciplinary action will then become a part of the disciplined employee(s)personnel files] Retaliation Consistent with the terms of applicable statutes and City personnel policies the City may discipline any individual'who retaliates against any person who reports alleged violations of this policy. The City may also discipline any individual who retaliates against any participant in an investigation proceeding or hearing relating to the report of alleged violations Retaliation includes but is not limited to any form of intimidation,reprisal,or harassment. Page 144 of 202 -37- FOR 37-FOR REPORTING, INVESTIGATION AND GRIEVANCE PROCEDURE SEE SECTION BELOW ENTITLED PROCEDURE FOR REPORTING INVESTIGATING AND SUBMITTING GRIEVANCES REGARDING WORKPLACE CONDUCT r ieya ee Pr-peedure F uai .t, 1 1 the!�'+. F/l 1.D 1 u t o desire a r ^ grieve t li enp theOak P44 Heights, hamssment found by the Offiee of the City s of an outside City Administrmef to review fiwest4a&e repeAs and detem3iwAieas en the matter-as by the Offlee ef the City Adminisauter ef the City of Oak Par-k Heights and detemiiae whether or-not&e > > by the Off i6ee f the City AdmiHis#ater e f the Gity F Oak n 1 l4 t Workplace Violence Policy The City of Oak Park Heights is committed to providing a workplace environment in which all its officials and employees treat each other,their customers and clients,and all others with courtesy,dignity,and respect. The City of Oak Park Heights seeks to provide a safe and secure workplace environment for employees,volunteers,vendors,and citizens. Violence,or the threat of violence has no place in any City of Oak Park Heights facility. Many City employees may be exposed to violence by the nature of their jobs.Violence,or the threat of violence,by or against any City employee or other person while at a City of Oak Park Heights workplace is unacceptable and may subject the individual to serious disciplinary action and/or criminal charges. The City of Oak Park Heights will take every reasonable action to protect the life,safety and heath of employees and will provide as rapid and coordinated a response as possible to violence or threats of violence at any worksite. Weapons Possession,use,or threat-of-use of an object which could be considered a dangerous weapon,including all firearms,is not permitted at the workplace or on City property,including City vehicles,unless such possession or use is an approved requirement of the job. Violence of Oak PaFk Heights by and between f th City, « a ra '_ i , h-A-G--0-B All eted by the Office of the Givy A"nistre4er-and Air-eensider-atien sheald be given te all&e faets, Heightsemployees pmseated:Any supervisor,manager or employee who has been found after appropriate investigation to have committed an act of violence or made a threat of violence to another employee within the City of Oak Park Heights shall be subject to appropriate disciplinary action up to,and including,termination. The Office of the City Administrator has the discretion to invoke a paid suspension during the course of the investigation for any employee alleged to have committed an act of violence within the City of Oak Park Heights,or alleged to have threatened violence to another employee within the City of Oak Park Heights. FOR REPORTING INVESTIGATION AND GRIEVANCE PROCEDURE SEE SECTION BELOW ENTITLED PROCEDURE FOR REPORTING INVESTIGATING AND SUBMITTING GRIEVANCES REGARDING WORKPLACE CONDUCT Page 145 of 202 -38- tithe-City of Oak Park Heights, .rte.,the fii: b c t_ t erapieyse r-ejat�ve v 1 b te City v AdniiF9s#ater-of the City of Oak PeAE Heights and"Fmine whethernetthe fiadings se a by the .A r' saneliensaafer-ensistent a masembly sustained by thecarts a istmeses attendant te the > > > Procedure for Reporting and Investigating Disrespectful Conduct (including harassment discrimination violence etch The City of Oak Park Heights seeks to establish a single policy for the reporting investigating and submission of grievances relating to all allegations of disrespectful conduct including but not limited to sexual harassment,violence,and discriminatory conduct in the workplace Employee Response to Conduct: All employees should feel comfortable telling their supervisor or another manager about instances of disrespectful conduct,sexual harassment or violence in the work place without fear of retaliation or retribution.Employees that are subject to see or overhear conduct that is viewed as disrespectful harassment,or violent,as described above must report the conduct immediately to a supervisor,the Citv Administrator, or Mayor. If situations involve violent behavior, emplovees should use their discretion to can 911 or ask the individual to leave the area. In addition to reporting such conduct if you feel comfortable doing so professionally, but firmly tell whoever is engaging in the disrespectful behavior how you feel about their actions Politely request the person to stop the behavior because you feel intimidated offended or uncomfortable. Ifractical,_brine_a witness with you for this discussion. If you fear adverse consequences may result from confronting the offender, go immediately to vour supervisor, another manager, or the City Administrator. The person to whom you speak is responsible for documenting the issues and for giving you a status report on the matter. In some situations when an offender is from the public it is preferable to avoid one on one interaction Talk to ypur supervisor about available options to ensure there are others available to help with transactions or interactions with the offender. A supervisor who receives a report of sexual harassment or discriminatory behavior must inform the City Administrator or Mavor as soon as possible.A supervisor who becomes aware of sexual harassment or any discriminatory behavior but fails to take immediate action against it will be subject to discipline A supervisor must act upon a report of sexual harassment even if reguested otherwise by the victim Special Reporting Requirements When a supervisor is perceived to be the cause of disrespectful conduct sexual harassment or violence the offended employee/witness shall make a rgport to the City Administrator who will review the situation implement the investigatory steps (1-6) if appropriate and may confer with the Mayor and City Council regarding appropriate investigation and action. Page 146 of 202 -39- If the City Administrator is perceived to be the cause of disrespectful conduct sexual harassment or violence, , the offended employee/witness shall make a report to the Mayor (this can be done via email direct phone call or direct face to face contact) who will review the situation implement the investigatorX steps 0-6)if appropriate and may confer with City Council regarding appropriate investigation and action If a councilmember or Mavor is perceived to be the cause of disrespectful conduct sexual harassment or violence, , the offended employee/witness shall make a report to either the employee's direct supervisor and/or City Administrator who will review the situation and implement the investigatory steps (1-6) if appropriate and may confer with the Mayor regarding appropriate investigation and action Pending completion of the investigation the City Administrator Mayor, or City Council may at his/her/their discretion take appropriate action to protect the alleged victim other employees or citizens If an elected or Mointed city official (e.g., council member or commission member) is the victim of disrespectful workplace behavior,the Mayor will be consulted as to the appropriate course of action Investigation A prompt and confidential investigation will be conducted by the City and fair consideration will be given to all the facts presented. Any supervisor,manager or emplovee who has been found after appropriate investigation,to have engaged in disrespectful sexually harassing or violent conduct to another employee will be subject to appropriate disciplinary action up to and including termination During the course of the investigation should the City Administrator determine that the nature of the allegations and the circumstances warrant the City Administrator has the authority and may suspend with pay,the employee who is alleged to have violated the Disres ectful Sexual Harassment or Violence Policy of the City pending the completion of the investigation Employees who have a complaint of disrespectful workplace behavior will be taken seriously and their complaint shall be addressed promptly. In the case of sexual harassment or discriminatory behavior, a supervisor must report the allegations promptly to the City Administrator,who will determine the scope of an investigation. In situations other than sexual harassment and discriminatory behavior, supervisors will use the following guidelines to abate these actions promptly when an allegation is reported: Step 1:If the nature of the allegations does warrant a simple intervention the supervisor may choose to handle the matter informally. The supervisor may conduct a coaching session with the offender, explaining the impact of his/her actions and requiring the conduct not reoccur. This approach is particularly appropriate when there is some ambiguity about whether the conduct was disrespectful The supervisor shall communicate back to both parties advising them of the discussions what the expectations of the City are and that the situation shall be monitored to ensure the offenses are not repeated. Please note: when an employee comes forward with a disrespectful workplace complaint the city cannot promise complete confidentiality, due to the need to investigate the issue properly,However, any investigation process will be handled as confidentially as practical and related information may only be shared on a need to know basis and in accordance with the Minnesota Data Practices Act Step 2: If a formal investigation is warranted as determined by the City, the individual alleging a violation of this policy will be formally interviewed to discuss the nature of the allegations Typically,the investigator will obtain the following description of the incident including date time and place: • Detailed nature of the violation(s) • Corroborating evidence. • A list of witnesses. • Identification of the offender. Page 147 of 202 -40- Step 3. The supervisor must notify the City Administrator about the allegations unless the allegations are against the City Administrator,in which case the Mayor must be notified Step 4.In most cases,as soon as practical after receiving the written or verbal complaint the alleged policy violator will be informed of the allegations and the alleged violator will have the opportunity to answer questions and respond to the allegations The City will follow any other applicable policies or laws in the investigatory process Step 5.After adequate investigation and consultation with the appropriate personnel a decision will be made regarding whether or not disciplinary action will be taken Step 6.The alleged violator and complainant will be advised of the findings and conclusions as soon as practicable and to the extent permitted by the Minnesota Government Data Practices Act. Grievance Procedure Should any employee determined by the supervisor and/or the City Administrator to have committed a disrespectful,harassing discriminatory,or violent act within the workplace of the City of Oak Park Heights desire to grieve or challenge the determination all such grievances by union employees shall be conducted exclusively by and through a union contract following the union contract grievance procedure As to all other employees of the City of Oak Park Heights upon the filing of a grievance by the employee relative to the determination of the commission of disrespectful harassing discriminatory,or violent act found by the Office of the City Administrator,the City Administrator shall secure the services of an outside consultant of his/her choosing to review investigative reports and determinations on the matter as found by the Office of the Citv Administrator of the City of Oak Park Heights and determine whether or not the findings so made by the Administrator and sanctions imposed are consistent and reasonably sustained by the facts and circumstances attendant to the matter;and also review whether or not the discipline invoked by the Office of the City Administrator of the City of Oak Park Heights is reasonable under the circumstances presented. Drug and Alcohol Policy It is the policy of the City to provide a drug-free environment. The City's goal is to establish and maintain a healthy and efficient workforce,free from the effects of drug and alcohol abuse in compliance with the requirements of the Federal Drug-Free Workplace Act of 1988 and applicable State law. The City recognizes drug and alcohol abuse a potential health,safety,and security problem. Employees needing help in dealing with drug and alcohol problems are encouraged to make use of the medical resources available through their health insurance plans. Use of Drugs and Alcohol Employees are required to report to work on time and in appropriate mental and physical condition for work No employee shall be under the influence of any drug or alcohol while the employee is working or while the employee is on the employer's premises or operating the employer's vehicle,machinery,or equipment, except to the extent authorized by a valid medical prescription. Unless specifically authorized as part of the employee's work duties,no employee shall use,possess, manufacture,distribute,dispense,sell,or transfer drugs,alcohol,or drug paraphernalia while the employee is working : or while the employee is on the employer's premise or operating the employer's vehicle, machinery,or equipment,except to the extent authorized by a valid medical prescription. The sale of alcohol which is part of an employee's job duty is an exception to this policy. Page 148 of 202 -41 - Violations Violations of this policy will result in disciplinary action,up to and including termination,and may have legal consequences. As a condition of employment,each and every employee of the City must abide by the terms of this policy and must report in writing any instance of the employee's own conviction under a criminal drug statute for a violation occurring on or off work premises while conducting City business. Any such conviction must be reported to the employee's supervisor or to a person designated by the City Council within five(5)days after the conviction as required by the Federal Drug-Free Workplace Act of 1988. The City shall notify the appropriate federal agency of such conviction within ten(10)days of receiving notice from the employee. An employee convicted of a criminal drug offense committed in the course of employment will be subject to appropriate disciplinary action and/or required to complete successfully an appropriate rehabilitation program at the employee's own expense unless provided to the employee through insurance coverage. The City,in its sole discretion,shall determine what disciplinary action is appropriate. Drug-Free Awareness Program To assist employees in understanding the perils of drug and alcohol abuse,the City has established a Drug- Free Awareness Program. This drug and alcohol policy constitutes the City's drug-free awareness program and fulfills the notification requirements of the Federal Drug-Free Workplace Act of 1988. The City will use this program as an ongoing educational effort to prevent and eliminate drug and alcohol abuse that may affect the workplace. The program will inform employees of the dangers of drug and alcohol abuse,explain the City's Drug and Alcohol Policy and the sanctions imposed for its violation,and highlight any treatment,counseling,and rehabilitation referral services that may be available to employees of the City. Nothing set forth in this policy is intended to conflict with state law. Drug and Alcohol Testing Purpose and Objectives The City of Oak Park Heights has a vital interest in maintaining safe healthful and efficient working conditions for emplovees,and recoenizes that individuals who are impaired because of drugs and/or alcohol ieopardize the safety and health of other workers as well as themselves The City of Oak Park Heights does not intend to intrude into the private lives of its employees but strongly believes that a drug- and alcohol-free workplace is in the best interest of employees and the public alike Alcohol and drug abuse can cause unsatisfactory iob performance increased tardiness and absenteeism increased accidents and workers' compensation claims,higher insurance rates and an increase in theft of city property.The City of Oak Park Height's Drug and Alcohol Testing Non-DOT policy has been established for the purpose of providing a safe workplace for all. To ensure the policy is clearly communicated to all employees and applicants to whom offers of emplovment have been made and to comply with state law,employees and applicants are required to review this policy and sign the"policy acknowledgement"A job applicant will also acknowledge in this form that he/she understands that passing the drug test is a requirement of the Job. Page 149 of 202 -42- Scope This drug and alcohol testing policy applies to all employees of the City and to all full time and part time (non-seasonal)job applicants who have received a contingent offer of employment by the City. Definition For purposes of the Policy,the following definitions will apply: • "Alcohol"is the intoxicating agent in beverage alcohol or any low molecular weight alcohols such as ethyl,methyl,or isopropyl alcohol.The term includes but is not limited to beer,wine,spirits,and medications such as cough syrup that contain alcohol. • "Confirmatory Test"and"Confirmatory Retest"is a drug or alcohol test that uses a method of analysis allowed under one of the programs listed in Minnesota Statute Section 181.953,Subd. 1. • "Conviction"is a finding of guilty(including a plea of"nolo contenders")or imposition of sentence,or both,by any judicial body charged with the responsibility to determine violations of state or federal criminal drug statutes. • "Drug"is a controlled substance as defined in Minnesota Statute 152.0 1,Subd. 4 and/or if required by law,the Federal Drug Free Workplace Act of 1988. • "Drug and Alcohol Testing,""Drug or Alcohol Testing,"and"Drug or Alcohol Test"are analyses of a body component sample according to the standards established under one of the programs listed in lwlinnesota Statute Section 181.953,Subd. 1 for the purpose of measuring the presence or absence of drugs,alcohol,or other metabolites in the sample tested. • "Drug Paraphernalia"is an item or items described in Minnesota Statutes 152.01,Subd. 18. • "Employee"is a person defined as an employee of the City under the State of Minnesota Public Employment Labor Relations Act in Section 179A.03,Subd. 14. • "Employer"is the City of Oak Park Heights,Washington County,Minnesota acting through the designees of the City Council. • "Initial Screening Test"is a drug or alcohol test,which uses a method of analysis under one of the programs listed in Minnesota Statute Section 181.953, Subd. 1 and which is capable of detecting the presumptive presence of a drug,drug metabolite,or alcohol in a sample. • "Job Applicant"is a person,independent contractor,or person working for an independent contractor who applies to become an employee of the City,and includes a person who has received a job offer made contingent on the person passing drug and alcohol testing. • "Premises"are all property and locations in which the City is operating or has established a presence. • "Positive Test Result"is a finding of the presence of drugs,alcohol,or their metabolites in a sample tested in levels at or above the threshold detection levels contained in the standards of one of the p programs listed in Minnesota Statute Section 181.953. Subd. 1. An alcohol test will be considered positive if the employee being tested has an alcohol concentration level of at least.05 or a lesser level if it is accompanied by an odor of an alcoholic beverage or signs of physical impairment in violation of the City's Personnel Policy. A residue amount of alcohol will be considered a positive test result only if accompanied by a violation of the City's personnel policies. • "Reasonable Suspicion"is the basis for forming a belief based on specific facts and rational inferences drawn from those facts. • "Safety-Sensitive Position"is a job,including any supervisory or management position,in which an impairment caused by drug or alcohol usage would threaten the health or safety of any person. • "Under the Influence"means(1)the employee tests positive for alcohol or drugs as defined above,or (2)the employee's actions,appearance,speech,and/or bodily odors reasonably cause the City to conclude that the employee is impaired because of illegal drug use or alcohol use. Prohibition against Controlled Substance and Alcohol Employees are prohibited from the use possession transfer,transportation manufacture distribution sale purchase,solicitation to sell or purchase or dispensation of alcohol drugs or drug paraphernalia while on duty:is on City premises;while operating any City vehicle machinery,or equipment,or when performing any city business,except(1)pursuant to a valid medical prescription used as properly instructed,•(2)the Page 150 of 202 -43 - use 43 -use of over-the-counter controlled substance used as intended by the manufacturer;or(3)when necessary for approved law enforcement activity. Besides having a zero-tolerance policy for the use or possession of alcohol illegal drugs or misused prescription drugs on the worksite we also prohibit the use possession of impairment by any cannabis or medical cannabis products(e.g.,hash oils or pills)on the worksite by a person working as an employee at the City or while"on call"and subject to return to work Having a medical marijuana card patient registry_ number,and/or cannabis prescription from a physician does not allow anyone to use possess or be impaired by that drug in the City's workplace The federal government still classifies cannabis as an illegal drug,even though some states have decriminalized its possession and use There is no acceptable concentration of marijuana metabolites in the blood or urine of an employee who operates our equipment or vehicles or who is on one of the City's worksites Applicants and employees are still subject to being tested under our drug and alcohol testing policy.And employees are subject to being disciplined suspended or terminated after testing positive for cannabis if the employee used possessed or was impaired by cannabis _including medical cannabis while on the premises of the place of employment or during the hours of employment. While Impaired of Alcohol or Drug(s): Employees are prohibited from being under the influence of alcohol or drugs or having a detectable amount of an illegal drug in the blood or urine when reporting for work;while on duty,is on the City's premises; while operating any City vehicle machinery,or equipment,•or when performing any Cjty business except 1 ursuant to a valid medical prescription used as]prORerlY instructed,• or 2 the use of over-the-counter controlled substance used as intended by the manufacturer. Driving While Impaired: A conviction of driving while impaired in a City-owned vehicle at any time during business or non- business hours,or in an eMlovee-owned vehicle while conducting city business may result in discipline up to and including discharge. Criminal Controlled Substance Convictions: Any employee convicted of any criminal drug statute must notify his or her supervisor and the City Administrator in writing of such conviction no later than five days after such conviction Within 30 days after receiving notice from an employee of a controlled substance-related conviction the City will take appropriate personnel action against the employee up to and including discharge or require the employee to satisfactorily participate in a controlled substance abuse assistance or rehabilitation program as an alternative to termination.In the event notice is not provided to the supervisor and the employee is deemed to be incapable of working safely,the employee will not be permitted to work and will be subject to disciplinary action,including dismissal from employment Failure to Disclose Lawful Controlled Substance: Emplovees taking a lawful controlled substance including prescription and over-the-counter controlled substances,which may impair their ability to perform their job responsibilities or pose a safety risk to themselves or others,must advise their supervisor of this before beginning work It is the employee's reMonsibihty to seek out written information from his/her physician or pharmacist regarding medication and any lob performance impairment and relay that information to his/her supervisor.In the event of such a disclosure,the employee will not be authorized to perform safety-sensitive functions Circumstances for Testing Any employee or job applicant of the City may be tested under the following circumstances: ferm shag allow the employee or-job appheaR4 to indiea4e any medicatien(pr-eser-iPtion,Signed&r,of ever— Page 151 of 202 -44- shall net be used ar,the basis for-any advefse pefsefml aetie*- 1+ written nerve f to 1+ n b to +1 a rnegative � Imes .,a:.:a„el ,.we mthe e�tiwithin rve� ri a a +i TrT�ycrx:F.iag days axrar he City meeiyeS t o iC�&�£@Sail:-epeFt. The empleyeeeF ..p „+,.:11 else be a+:fie,l dmt they have the Fight to Fequest and meeive a _ _rat- -- dw initial Ser-eening Test. Job Applicant Every job applicant offered employment with the city receives the offer conditioned upon successful completion of a drug test,among other conditions.If the job offer is withdrawn based on drug test results the City will inform the applicant of the reasons for the withdrawal.A failure of the drug test a refusal to take the test,or failure to meet other conditions of the offer will result in a withdrawal of the offer of employment even if the applicant's provisional e►nployment has begun A negative or positive dilute test result(following a second collection) which has been confirmed will also result in immediate withdrawal of an offer of em to went to an a licant.A OAD ?�c shall 1 requested a * a a p y �jJ j., ,.t,i, � ux ocrcquc��ca yr rcq'dii crr<manacrb-vim b Alcohol testing will not be a part of a post-offer pre-employment physical examination. The City will not immediately withdraw a conditional offer of employment on the basis of a positive test result on a job applicant's Initial Screening Test jn-1— : -e,,.en+-A% A job applicant who receives a positive test result of a Confirmatory Test,fails or refuses a Confirmatory Retest,or does not request in writing a Confirmatory Retest within five(5)working days after notice of a positive test result of a Confirmatory Test,may be refused employment and will be notified of the reasons for such refusal. The City.ieele.e..tha4 allD1: D eee e,.Rime„ ire DepaFt t.eaAbl' WI7 k 11d J f Fs anda , (inaluding but not 1: :+ed« a ffmnagement +: ) aFe designated as"safety. ..:+:,.e”,. siti Reasonable Suspicion Testing No employee will be tested for drugs or alcohol under this policy without the person's consent. If, however,the City asks an employee to undergo a drug or alcohol test and the employee refuses,the employee may be subject to disciplinary action. The City may request or require an employee to undergo drug or alcohol testing if the employer has a reasonable suspicion that the employee: • Is under the influence of drugs or alcohol • Has violated the employer's written work rules prohibiting the use,possession,sale,or transfer of drugs or alcohol while the employee is working or while the employee is on the employer's premises or operating the employer's vehicles,machinery,or equipment • Has sustained a personal injury or has caused another employee to sustain a personal injury and although the emvlover does not specifically suspect drug use there is a reasonable possibility that drug use was a contributing factor to the iniury • Has sustained er- "Sc aixvcxxcrpr-rovxr-cvsustain zrwork rroiacc- • Has caused a work-related accident or was operating or helping to operate machinery,equipment,or a ° vehicle involved in a work-related accident 1 Page 152 of 202 -45- Reasonable 45-Reasonable suspicion may be based upon but is not limited to facts regarding appearance behavior, speech,breath odor,possession proximity to or use of alcohol or a controlled substance or containers or paraphernalia,poor safety record excessive absenteeism impairment of iobperformance or an oar circumstances that would cause a reasonable employer to believe that a violation of the City's policies concerning alcohol or drugs may have occurred These observations will be reflected in writing on a Reasonable Suspicion Record Form. For off-site collection, employees will be driven to the employer-approved medical facility by their supervisor or a designee.Pcof an on site gelleetioo„say vjo� pi9Tcv will rcri}uin an r' a be observe"'"' it�4n2.!The medical facility or on sitell ti or collection service will take the urine or blood sample and will forward the sample to an approved laboratory for testing. • Pursuant to the requirements of the Drug-Free Workplace Act of 1988 all City employees as a condition of continued employment will agree to abide by the terms of this poligy and must notify[Human Resources/the City Administrator]of any criminal drug statute conviction for a violation occurring in the workplace not later than five days after such conviction If required by law or government contract the City will notify the appropriate federal agency of such conviction within 10 days of receiving notice from the employee. Safety Sensitive Positions The City declares that all Police Department Fire Department,and Public Works Maintenance positions (including but not limited to sworn unswornunion non-union supervisory and management positions)are designated as"safety sensitive"positions Random Testing and Psfing -.L„.,. r >,r *' Random testing may be given without prior notice during regularly scheduled work hours to those employees who are in"safety sensitive"positions including any supervisory or management positions in which an impairment caused by drug or alcohol use would threaten the health or safety of any person. Under the random selection process,there is an equal probability that an employee in a safety sensitive position subject to the selection mechanisms will be selected for testing. The City does not have discretion to waive the selection of any employee chosen on a random selection basis. Testing without Prior Notice- Treatment Pro,-ram Testing Testing without pfiar-Hetiee may be given to effT4eyees whe have been fefeffed by the City fep-e�� (2). The City may test any employee referred by the City for chemical dependency treatment or evaluation at any time and without prior notice during the period of treatment or evaluation and for up to two(2)years following completion of any prescribed chemical dependency treatment or evaluation program in accordance with Minnesota Statutes 181.951, Subd.6. SUcening Test ACr....,..1--%4)4CttlCtlt hetore the_Initial Screening Test,the employee or iob applicant shall be informed of the City's testing policy and given a form on which the employee or job applicant can acknowledge being so informed LL-. l'he form shall allow the employee or job applicant to indicate any medication(prescription signed for,or over-the-counter)that the individual is currently taking or has recently taken and other information relevant to the reliability of or the explanation for a positive test result Medical information disclosed on --d —the t-- C-, �.,.,o.7.,n,rp..Prennnal artinn Page 153 of 202 -46- Refusal 46-Refusal to Undergo Testing Job applicants may refuse to undergo drug testing. However,if a job applicant refuses to undergo drug or alcohol testing requested or required by the City of Oak Park Heights,no such test shall be given,and the job applicant shall be deemed to have withdrawn the application for consideration of employment. Employees may refuse to undergo drug testing. However,if an employee refuses to undergo drug and alcohol testing carried out in conjunction with this policy,the employee may be subject to discipline including,but not limited to,discharge. Any intentional act or omission by the employee or applicant that prevents the completion of the testing process constitutes a refusal to test. An applicant or employee who substitutes,or attempts to substitute,or alters,or attempts to alter a testing sample is considered to have refused to take a drug and/or alcohol test.In such a case,the employee is subject to immediate termination of employment,and in the case of an applicant,the job offer will be immediately withdrawn. Refusal on Religious Grounds: An employee or job applicant who,on religious grounds,refuses to undergo drug or alcohol testing of a blood sample will not be considered to have refused testing,unless the employee or job applicant also refuses to undergo drug or alcohol testing of a urine sample. Initial Screening Test The City will not discharge,discipline,discriminate against,or request or require rehabilitation of an employee or applicant based on a positive test result from an initial screening test that has not been verified by a confirmatory test. The City may temporarily suspend a tested employee with or without pay,or transfer that employee to another position at the same rate of pay pending the outcome of the requested confirmatory retest,provided the City believes that it is reasonably necessary to protect the health or safety of the employee,co- employees,or the public.The employee will be asked to return home,and will be provided appropriate arrangements for return transportation to his or her residence.In accordance with Minn. Stat.§ 181.953, subd. 10,an employee who has been suspended without pay will be reinstated with back pay if the outcome of the requested confirmatory retest is negative.Requests for such a Retest must be made in writing within five(5)days of the Employee's receipt of notice of the retest results. If the Initial Screening Test produces a negative result written notice of such result will be given to the individual who took the test within three(3)working days after the City receives the test result reportThe employee or applicant will also be notified that they have the right to request and receive a copy of the test report. GeafimiateFy Retest m4thin five(5)we4dag days after netiee of positive eenfa:Faa+er-y tes4 Fesults,may-be Confirmatory Test If the Initial Screening Test produces a positive test result,a second test(known as the Confirmatory Test) will be conducted by a laboratory. If the Confirmatory Test is not positive,the City will send written notice of this fact to the employee or job applicant within three(3)working days after receiving the result. If the Confirmatory Test produces a positive test result,the City will take the following steps: • The City will send written notice of the positive test result within three(3)working days after receiving it to the employee or job applicant. • The employee or job applicant will be informed of the right to receive a copy of the test result. Page 154 of 202 -47- • 47-• The employee or job applicant will be told of the right to explain the positive result. • The employee or job applicant will be informed of the right to request a Confirmatory Retest of the original sample at the employee's or job applicant's expense. The employee or job applicant has five (5)working days in which to notify the City of this request in writing. An employee who receives a positive test result on a Confirmatory Test and does not reguest in writing a Confirmatory Retest within five(5)working days after notice of positive confirmatory test results may be subject to discipline including but not limited to discharge subject to the provisions of this policy. Confirmatory Retests After an employee or job applicant chooses to request a Confirmatory Retest,the employee or job applicant has five(5)working days within which to notify the City of this request in writing. Within three(3)days of the receipt of such request,the City will notify the original testing laboratory that it is to conduct a Confirmatory Retest or transfer the sample to another certified laboratory for retesting. If the Confirmatory Retest does not confirm the original positive test result,no adverse personnel action will be taken by the City. In the instance of an applicant,the City's job offer will be reinstated and the City will reimburse the job applicant for the cost of the eConfinnatory Rretest.If the Confirmatory Retest is positive,the City may withdraw its conditional offer of employment to a job applicant or discipline employee up to termination if such an employee chooses to participate in a chemical dependency treatment or evaluation program. If the Confirmatory Retest is conducted in accordance with rules established by the Commissioner of the Minnesota Department of Health by a qualified laboratory and if it is not positive the City shall reimburse the employee or job applicant for the actual cost of the Confirmatory Retest in an amount not to exceed $10.000 and no adverse personnel action shall be taken against the emplo ewe or job applicant based on the original Confirmatory Test. Consequences of a positive test Job Applicant The City's conditional offer of employment will be withdrawn from any job applicant who refuses to be tested or tests positive for illegal drugs as verified by a confirmatory test. Employee Without evidence of any other misconduct,any employee who for the first time has a positive test result on a confirmatory test will not be subject to discipline,including but not limited to discharge,unless: The City has given the employee an opportunity to participate in,at the employee's own expense or pursuant to coverage under an employee benefit plan,either a drug or alcohol counseling or rehabilitation program,whichever is more appropriate,as determined by the City after consultation with a certified chemical use counselor or physician trained in the diagnosis and treatment of chemical dependency.The certified chemical use counselor or physician trained in the diagnoses and treatment of chemical dependency will determine if the employee has followed the rehabilitation program as prescribed;and The employee has either refused to participate in such a program or has failed to successfully complete the program within a reasonable time as evidenced by withdrawal or a positive test result on a confirmatory test after completion of the program. An employee who has a positive test result for the second or more time will be subject to discipline including but not limited to termination of employment Page 155 of 202 -48- Tampering with Testing If an employee tampers with his or her own urine or blood sample,or in any way deliberately causes a I sample to be invalid,the employee may be subject to discipline including,but not limited to,disehar-ge. termination of employment. Data Privacy Test result reports and other information acquired in the drug and alcohol testing process are private data on individuals as defined in Minnesota Statutes,Chapter 13,and may not be disclosed to another employer or to a third party individual,governmental agency,or private organization without the written consent of the employee or applicant tested,unless otherwise permitted by law or required by court order.(See Minnesota Statute 181.954,Subd.2.) Other Misconduct Nothing in this policy limits the right of the City to discipline or discharge an employee on grounds other than a positive test result in a Confirmatory Test,including conviction of any criminal drug statute for a violation occurring in the workplace or violation of other city personnel policies.For example,possession but not consumption of a controlled substance,the sale of a controlled substance on City premises,or conviction under any criminal drug statute for a violation occurring in the workplace,may by themselves, I be grounds for discipline up to and including termination of employmente&- t4 .Any City employee may be subject to discipline up to and including termination of employment for violation of this policy or any rules adopted by the City with respect to the manufacture,use,sale,or transfer of drugs and alcohol. Non-Discrimination The City of Oak Park Heights'policy on work-related substance abuse is non-discriminatory in intent and application;however,in accordance with Minn. Stat.,ch.363,disability does not include conditions resulting from alcohol or other drug abuse which prevents an employee from performing the essential functions of the job in question or constitutes a direct threat to property of the safety of individuals. Furthermore,the City will not retaliate against any employee for asserting his or her rights under this policy. Page 156 of 202 a Oak Park Heights Request for Council Action Meeting Date February 13''°2018 Time Required: 1 Minute Agenda Item Title: Osgood Ave—CSAH 24—Cooperative Agreements&No Parking Resolution. Agenda Placement New Business Originating Department/RequestorEric n -Administrator Requester's Signature Action Requested Discussion P10 Bible Action Background/Justification(Please in `ate if any previous action has been taken or if other public bodies have advised): As part of the continuing advancement of Osgood Ave—Reconstruction Project as being pursued by Washington County;as anticipated- the County is requesting that the City approve and/or enter into a number of agreements and are as follows. 1. A Cooperative Construction Agreement:This agreement outlines ,._.:,; oft7dcParle cost shares related to the trails and sidewalks — with the City ITEM TOTAL COST ._ SHARE CITY CITY COST paying approximately 50%of such construction costs as well as Cora;eucdon(exdudes caycfs00wat wwater the installation of a City Water Main. Table below generally main ousts $2.548.471.45 6.270% $159,789.15 outlines the anticipated costs and totals $308,863. The Ci ty 50%of RRe's 50%ofetawaoWaJTraOwitl�in Limos Waft share of trail costs is anticipated to be derived from a split of fund 50%of Enhanced Pedestrian Wami m balance and park dedication funds ($100,000 and $49,074 100%ofwatmMain AlternateBW 111689.00 100% $111689.00 respectively).And the City's water main costs is anticipated to be Construdon conwcO minwmgon $203877.70 6270% $31.W2.89I derived from Renewal—Replacement which has a current fund of wS273-426i.00 0.0% .00 balance of$3,495,000. Both amounts will need to be adjusted to c S14,520.55:50%--VM-28 260.28 better allocate design and construction cost shares sz5,00o.00 0.0% $0.00 TOTAL ESTIMATED COST $3,870,642.95 $308,863.89 2. Maintenance Agreement—TRAILS&SIDEWALKS:This agreement outlines general commitments that each party will maintain its own established facilities related to storm water, roads, gutters, etc. However, this Agreement seek to have the City perform minor maintenance along the new trails and sidewalks to be constructed.This minor maintenance generally involves snow plowing and related small clan-ups should these arise.However,the City is not required to plow these trails and sidewalks—rather only to the extent as may be required by the City Council and its established policies.This Agreement is similar in scope to the Paris Ave.agreement entered into for CSAH 23(Paris Ave.) 3. Signal Agreements.(Beacon and Signal)The County is seeking that the City pay for portions of the electrical costs associated with the operation of these elements. The beacon will be located at the Pedestrian crossing at 58th and Osgood Ave.The signal will be at the intersection of 62nd Street and Osgood Ave.Staff does estimate these costs totaling+/-$1,000 annually. 4. NO Parking Resolution:The County is seeking the adopt of a Resolution for NO PARKING along Osgood Ave;This would not require the City Police to be an enforcement agency for the County, but is something the County is required to provide the State under their funding rules and they are seeking.The City did adopt a similar resolution for previous CSAH projects. Staff would request the City Council to: 1. Approve these Agreements(listed under 1-3 above),subject to any final changes or edits that the Office of the City Attorney may feel Is necessary and reasonable. (Please note,the packet includes DRAFT copies of each of these agreements as well as City Staff comments to date that need final incorporation) 2. Adopt the Resolution relating to NO PARKING along Osgood Ave. Page 157 of 202 COOPERATIVE AGREEMENT BETWEEN THE CITY OF WASHINGTON COUNTY OAK PARK HEIGHTS AND WASHINGTON COUNTY FOR CONTRACT NO. 11404 CONSTRUCTION COST OF COUNTY STATE AID HIGHWAY DEPT. PUBLIC WORKS (CSAR) 24 DIVISION TRANSPORTATION TERM SIGNATURE-END OF PROJECT THIS AGREEMENT, by and between the City of Oak Park Heights, a municipal corporation, herein after referred to as the "City", and Washington County, a political subdivision of the State of Minnesota, hereinafter referred to as the "County." WITNESSETH: WHEREAS, the County intends to construct a portion of County State Aid Highway (CSAH) 24 from 50"'Street in the City of Oak Park Heights and Baytown Township to 6V Street in the Cities of Oak Park Heights and Stillwater; and WHEREAS, items included in the project require City cost participation in accordance with "Washington County Cost Participation Policy#8001 for Cooperative Highway Improvement Projects"; and WHEREAS, the City desires to use local funds for these improvements; and WHEREAS, the County desires to use local funds and State Aid for these improvements; and WHEREAS, a cooperative effort between the City and County is the appropriate method to facilitate the construction of these transportation improvements; and WHEREAS, this Agreement is made pursuant to statutory authority contained in Minnesota Statute 162.17 sub. 2 and Minnesota Statute 471.59. NOW THEREFORE, IT IS HEREBY MUTUALLY AGREED AS FOLLOWS: A. PURPOSE The purpose of this agreement is set forth in the above whereas clauses which are all incorporated by reference as if fully set forth herein and shall consist of this agreement, Exhibit A (Location Map), Exhibit B (Estimated Construction Cost and Cost Splits), and Exhibit C (Right-of-Way Figure). B. PLANS AND SPECIFICATION PREPARATION 1. The County shall be responsible for the preparation of all the plans and specifications for the project (except City water main), including but not limited to, compliance with all applicable standards and policies and obtaining all approvals required in formulating the bid specifications for all construction items with the exception of City water main. The County will insert City prepared water main plans into its plan set. 2. The City shall be responsible for the preparation of all the plans and specifications for the City water main, including but not limited to, compliance with all applicable standards and policies and obtaining all approvals required in formulating the bid specifications for the City water main. 3. The following County State Aid number has been assigned to the project: SAP 082-624-009 (CSAH 24). 4. The following City project number has been assigned to the project: 193801828.500.014. Page 158 of 202 C. RIGHT OF WAY AND EASEMENTS 1. The County shall acquire all permanent rights of way, permanent easements, and temporary slope easements, which will be acquired in the name of the County. 2. Any rights of way, permanent easements, and temporary slope easements that cannot be obtained through negotiation will be acquired by the County through eminent domain proceedings. I3. The City holds certain land rights fcr,posslbI!_bike path and walkway easements on the following parcels a and b; an easement agreement of the following parcel c; and the City owns the following parcel d. a. 14771 57th Street North, Oak Park Heights b. 14775 Upper 56th Street North, Oak Park Heights Ic. 5805 Osgood Avenue North, Oak Park Heights church d. 5502 Osgood Avenue North, Oak Park Heights (adjacent to Brekke Park) The City shall provide to the County a Right of Entry for each of the aforementioned parcels for the purpose of constructing a concrete walkway or bituminous trail and any appurtenances necessary for the walkway or trail. The Right-of-Entry(s) shall be provided at no cost to the r County. EI pro dllwi o- wi y m wxl F�� � �e %6 KIII4 1IR N6 Plf 64 hCLCt616 {e �F� ��1 rights for items a. and b. above; should any ownership conflicts arise the City does not indemnify Washington County for any loss action or defect and the County may pursue any corrective action with the property owners independently and at its sole expense At no expense to the City, within not less than six months from the completion of the trail way construction, the County shall provide to the City a complete legal description of the 10' trail way easement area across such lands found under item c. above 4. In preparation for this project, the City of Oak Park Heights acquired the parcel at 6180 Osgood Avenue North. The City will convey 935 Square Feet (SF) of permanent easement to construct a bituminous trail (see Exhibit C) at a rate of$15.53 per SF (see Table 1). The City shall also provide to the County a Right-of-Entry to access parcel for the purpose of constructing a bituminous trail and any appurtenances and grading necessary for the trail and limitf The Right-of-Entry shall be provided at no cost to the County. D. ADVERTISEMENT AND AWARD OF CONTRACT After plans and specifications have been approved by the County, all permits and approvals obtained, and acquisition of necessary rights-of-way and easements, the County shall advertise for construction bids and at the sole discretion of the County award the contract to the lowest responsible bidder subject only to final consent by the City for the water main portion of the project and any costs relating to any elements for which the City is requested to pay, only for the purposes of ensuring costs are within reasonable market parameters. City consent or rejection notice shall be received by the County within two (2) business days after City receipt of bid results and a summarization being provided to the City as to bid costs compared to estimated costs. E. CONSTRUCTION ADMINISTRATION, OBSERVATION, AND TESTING The County shall be responsible for the construction administration, inspection, and for the observation and testing for all construction items with the exception of City water main which shall Page 159 of 202 be supervised by City consulting engineers or city staff. The City shall be responsible for the construction administration, inspection, and for the observation and testing of City water main construction. F. COST PARTICIPATION ITEMS AND ESTIMATED COSTS Items included in the project require City cost participation in accordance with "Washington County Cost Participation Policy#5001 for Cooperative Highway Improvement Projects", which is incorporated into this agreement by and is attached hereto as Exhibit . The City's cost participation is set forth in Table 1 and is broken down into five categories which are: 1.) Construction; 2) Design Engineering; 3) Construction Engineering/Contract Administration; 4) Right of Way; 5) County-Furnished Material. 1. Construction Construction costs shall be the cost to construct the project. The County has prepared a statement of estimated quantities and cost splits hereto attached as Exhibit B. The City shall pay to the County its share of the total cost as shown in Exhibit B and set forth in Table 1. After the County has awarded the construction contract, Exhibit B will be updated to reflect the actual contractor's unit prices. 2. Design Engineering Design engineering costs shall be professional design engineering services, project coordination, preparation of plans and specification, stakeholder engagement, geotechnical studies, and other administrative functions necessary for the project. Based on the City's share of the construction cost, excluding City water main elements, the City shall pay the prorated cost of design engineering for the project as set forth in Table 1. 3. Construction Engineering/Contract Administration Construction engineering/contract administration costs include construction observation, construction testing, construction administration, staking, conducting and recording the pre-bid, pre-construction and weekly construction meetings, reviewing monthly pay estimates, labor compliance, and other administrative functions necessary for the project. Construction engineering/contract administration is 8% of the construction cost. Based on the Citv's share of the construction cost, excluding City water main ;mated , the City shall pay the prorated cost of construction engineering/contract administration as set forth in Table 1. Mice and consent from the Citgo. 4. Right of Way Right of Way costs shall be permanent right-of-way, permanent utility and/or drainage easements, temporary easements, title work costs, appraisal costs, relocation specialist costs, relocation costs, and condemnation commissioner costs. If applicable, the City shall pay their share of the final right of way cost. The estimated amount is set forth in Table 1. This estimated amount will not change without notice and consent from the City. 5. County-Furnished Material County-furnished material costs shall be items such as light poles, traffic signal control equipment, and street name signs which are separately procured outside of the construction contract and installed within the project limits. The City shall pay their share of the final County- furnished material cost. The estimated amount is set forth in Table 1. This estimated amount will not change without notice and consent from the City. --- TABLE 1 -JESTIMATED COSTS Page 160 of 202 CITY ITEM TOTAL COST SHARE CITY COST Construction (excludes City of Stillwater water ain costs $2,548,471.25 6.270°k $159,789.15 m 50% of New Sidewalk/Trail within City Limits 50% of Retaining Walls 50% of Enhanced Pedestrian Warning System 100% of Water Main Alternate Bid $111,689.00 100% $111,689.00 Design Engineering $508,180.00 6.270% $31,862.89 Construction Engineering/Contract Administration $203,877.70 6.270% $12,783.13 Right of Way $273,425.00 0.0% $0.00 City-$14,520.55: 50%= $7,260.28 $7,260.28 County-Furnished Material $25,000.00 0.0°16 $0.00 TOTAL ESTIMATED COST $3,670,642.95 1 $308,863.89 6. The costs and shares attributable to the City and payable to the County as shown in Table 1 are estimated and a final reconciliation of costs as set forth in Section G.1.c. below shall be done at the end of the project. Actual City costs and shares are based on the following: a. Construction shall be based on the contractor's unit prices and final quantities at project completion including all contract changes. b. Design engineering shall be based on the contractor's unit prices at the time of contract award. c. Construction engineering/contract administration shall be based on the contractor's unit prices at the time of contract award. d. Right of way shall be based on the final costs to acquire right of way, not including City or County Staff time, in accordance with Section F.4. e. County-furnished material shall be based on the final costs to acquire County-furnished material, in accordance with Section F.5. G. PAYMENT 1. Construction a. After the County has awarded the construction contract, the County shall update Exhibit B to conform the Exhibit to the amounts in the awarded bid and shall invoice the City 10 percent of the City's estimated construction cost based on the updated Exhibit B. b. During construction, the County shall submit to the City partial estimates of work performed by the contractor. The City shall pay to the County its share of the partial estimate as determined in Section F. c. Upon final completion of the work the County shall submit to the City a final invoice and final reconciliation of costs. The reconciliation will add or subtract contract amendments to the City's project components, adjustments for liquidated damages pursuant to Section I., and previous project cost payments made by the City to the County. d. The City may withhold an amount, as deemed reasonable by the City Engineer, but not to exceed 5% of the City's Project cost share, from the final payment until the City receives final documentation for the Project. Final documentation consists of the following: ■ Record drawings Title work 2. The costs set forth in Table 1 for design engineering, construction engineering/contract administration, right of way, and County-furnished material shall be invoiced separately by the Page 161 of 202 County from the invoice for construction and paid by the City on a reimbursable basis. 3. In the event that the City paid more in advance than the actual cost of the City's portion of the project, the County shall refund without interest the amount to the City. I 4. ayment found in G he City shall pay 100 percent of progress payment invoice amounts for completed work within thirty (30) days of receipt. H. CONTRACT CHANGES Any modifications or additions to the final approved plans and/or specifications of the project shall be made part of the construction contract through a written amendment to the construction contract and the cost for such changes shall be appropriated as set forth in Section F. of this Agreement. I. LIQUIDATED DAMAGES Any liquidated damages assessed the contractor in connection with the work performed on the project shall be shared by the City and the County in the following proportion: The respective total share of construction work to the total construction cost without any deduction for liquidated damages. J. CONDITIONS The City shall not assess or otherwise recover any portion of its cost for this project through special assessment of County property on County-owned property. K. CIVIL RIGHTS AND NON-DISCRIMINATION The provisions of Minn. Stat. 181.59 and of any applicable ordinance relating to civil rights and discrimination shall be considered part of this Agreement as if fully set further herein, and shall be part of any Agreement entered into by the parties with any contractor subcontractor, or material suppliers. L. WORKERS COMPENSATION It is hereby understood and agreed that any and all employees of the City and all other persons employed by the City in the performance of construction and/or construction engineering work or services required or provided for under this agreement shall not be considered employees of the County and that any and all claims that may or might arise under the Worker's Compensation Act of the State of Minnesota on behalf of said employees while so engaged and any and all claims made by any third parties as a consequence of any act or omission on the part of said City employees while so engaged on any of the construction and/or construction engineering work or services to be rendered herein shall in no way be the obligation or responsibility of the County. It is hereby understood and agreed that any and all employees of the County and all other persons employed by the County in the performance of construction and/or construction engineering work or services required or provided for under this agreement shall not be considered employees of the City and that any and all claims that may or might arise under the Worker's Compensation Act of the State of Minnesota on behalf of said employees while so engaged and any and all claims made by any third parties as a consequence of any act or omission on the part of said County employees while so engaged on any of the construction and/or construction engineering work or services to be rendered herein shall in no way be the obligation or responsibility of the City. M. INDEMNIFICATION 1. The City agrees that it will defend, indemnify and hold harmless the County against any and all liability, loss, damages, costs and expenses which the County may hereafter sustain, incur or be required to pay by reason of any negligent act by the City, its agents, officers or employees Page 162 of 202 during the performance of this agreement. 2. The County agrees that it will defend, indemnify and hold harmless the City against any and all liability, loss, damages, costs and expenses which the City may hereafter sustain, incur or be required to pay by reason of any negligent act by the County, its agents, officers or employees during the performance of this agreement. 3. To the fullest extent permitted by law, actions by the parties to this Agreement are intended to be and shall be construed as a "cooperative activity" and it is the intent of the parties that they shall be deemed a "single governmental unit"for the purposes of liability, as set forth in Minnesota Statutes, Section 471.59, subd. 1a.(b). The parties to this Agreement are not liable for the acts or omissions of another party to this Agreement except to the extent they have agreed in writing to be responsible for the acts or omissions of the other parties as provided for in Section 471.59, subd. 1 a. 4. Each party's liability shall be governed by the provisions of Minnesota Statutes, Chapter 466 and other applicable law. The parties agree that liability under this Agreement is controlled by Minnesota Statute 471.59, subdivision 1 a. and that the total liability for the parties shall not exceed the limits on governmental liability for a single unit of government as specified in 466.04, subdivision 1(a). N. DATA PRACTICES All data collected, created, received, maintained, disseminated, or used for any purposes in the course of this Agreement is governed by the Minnesota Government Data Practices Act, Minnesota Statutes 1984, Section 13.01, et seq. or any other applicable state statutes and state rules adopted to implement the Act, as well as state statutes and federal regulations on data privacy. IN TESTIMONY WHEREOF the parties have duly executed this agreement by their duly authorized officers. WASHINGTON COUNTY CITY OF OAK PARK HEIGHTS Chair Date Mayor Date Board of Commissioners Molly O'Rourke Date City Administrator Date County Administrator Approved as to form: Approved as to form: Assistant County Attorney Date City Attomey Date Page 163 of 202 I FOREST • so LAKE F ,I SCANDIA V 5o 1 (99 h l =- Exhibit A 'A NAPffi 1571 Woxer ctou i; A HUGO " MAY �. TOWNSHIP u 59 CSAR 24(Osgood Ave N) 61 a ;' 51 t Oak Park Heights,Stillwater,&Baytown Twp J Project#SAP 082-624-009 st S17LLWATER $ TOWNSHIP 51,NIT � GRANT STILLWATER EI' 55 sndm.ado< 62 m 63 64 e 60th Street North ` � ,'NANTPNdLI a $ waY36 .��. Sri IJIAlF r 9p mw •,A l'fi,IF,Yi A' OAK PARK evma�e�mann HEIGHTS OAKDALE 1 _ .ns,�ee BAYTOWNTOWNSHIP P LAKE WEST LAKELAND vV"V'9F&�Pad MO TOWNSHIP N 71 a 12^ P 12— 12 .. BAYTOWN t TOWNSHIP R SOth_St N WOODBURY 71 AFTON '1 a to sswroer 71 i rr .•. ST PALLPANR COTTAGE DENMARK s 1 GROVE TOWNSHIP � 76 . 75 _. This map is the result ofa camScale 1:250,000 plletion �1� and reproduction of land records as they j C 0 1 2 w 4 p appear In—lous Washington County amoes. •..,�ifl V V ThN map should be used for reference purposes only.Washington County is not Miles responsible for any inaccuracles. Washington CSAR 24 (Osgood Ave) Project County 50th St N to Orl eanyi et ESTIMATED CONSTRUCTION COST AND COST SPLITS CHN1N Ar}mp maflb RSRcILlafm: HtObAl TOw3Np,tNAPNYfIMdInuN6M1llr Na, a9ceae.IWOW00B EXHIBITS b: vvW1a tileictt� COYINY COIRIII � � OA3 M111INWNR f1LLNAlpI ININIpPI1T6B fTOM1aHMMR � �� ewr.feawar 3u.uawNf au.uwsM �� 1Nf EfaINY6 Edim� E+MIMYa EaMnfYO ERYifYI EiiuM PJYNY6 ErYINw FdMYa Eilnnefa EWNYO F{MifY6 E3NMY0 FINIYd Nin3Y anMfi4 ur wte a.wb m o,.ua LSe pulp caN avuN oue ol.gY Lt.I nwlfb an aerw ae aM1.W1 NaRAn61NWro1R10 LUPHW fS.066. 1 SfOAm.m 1 m zmt.ml f10YlPAT10N LIMP HUM s a0m 1 6Mm.m OA W 0.1 Me1D. am 32ee0m ams saW. nm 6.IW Om e1ia. am1.W1 PHDaFTtrJ:TmEB ENat 1WAm. 1 m,pm m te,Wam o.1 s1AW am se0om ep am. am f1,m0. x1.51 ElUillq ALAE Sa60a a1 36Wm 0.1 Sam NN.m2 0.FAPoN0 IIffE sEn W lts.MM.m m t- 261AW oAflYNO a1 aanm n1 S0m 210f.p OiMYNO TREE W il6mam W "mm 21mp PAVBBITL1ARAfx REMOVAL 11x FT W. Txl fpA Yll SN.A 21N5N RBIOVEGH6)d mll't!R LYFT M 1,110 Sae6m L110 41W. YIN,p RENOVl NTUWTAUfi Cub 11NFT x 8,4m 39.9e.W awls 1,91.W 21Nm1 REMOVE RETNN6VOVINI 11NIT 314 s1 $1yaW fit 12Tam 21W WI REAIDYEwAnBt 6ERVKY PRE UNIT h2. 80 3 a ao itlt 21.p xE21oPEGONOiEIE NOEIVNIt BOFf a eAl] a11342m lAt] t1.6fxm .1.- PFAIOJE CONC2ElE YENAN tq Ff !12 tA]T 3144... t,NO 14BN. 21Np REIAOVE BITIWNOIIDORIVflNNr PAVEMENT :oro O i9 aanW ON T,a]250 21- REf101E N1ua9ouBPAVEIAEM BOID 1 p iQamm tap e;ffiW 2t.p R910VEO051C1✓t1E WEPe FApt 11 am. 11 61smm .Nam 11910VEBTNIE wLLMI nqt i s mmam 6 am. 41.p R1310VC WRNER EAfJtand 4 Slaw 41W.W NN.M RFAIOVE fION TYPEC 14411 6a 9 falmm 9 Almm 21.p RFNWEOIGNIYPED EA61 SW. deaW pm 21.p RFaKAlEBM2NTYPE8IFAIL FJM - a .%-..W i Im.. 2REIIOVEHIONA18Y0.1Fa1A Ta141 fH.060. 1 fa06aW 1 am0.m Il.- Rt3mYE 81f?f PM1ATYPEC EAfA Sx 2 alm 1 12m 21.691 BAVANa CONCRETE MVENBR L UN FTUMN 31T1.W W 1TIm N.6te fA1MNIf NTPAVEI2GR L.IT 1.141 wmlm 1.76 amuo VAOlfaaNPL1EE UNIT SA. A! Qk1e0.W an imW Malm 21.621aALVAOE RETAVe110 WALL UNFf Nx ]� fa,t.m216494 23W6m2ASSx tNLVAaE 11GNTKf I1Ntf EACH N- 2 Pam apm]1..94 BALVAOE 90MlYPEC EAIA12Simm 1221-.94 HALVME81fiN1YPE021NWt WWL HN.YNOEOYNIFNAL LUI@6M pWa mm t zpm NUM 2 :1.116 OALVAAEHTONE tnIT tee . m 1. Tmam 21.p OEOTFllTHEFA6RGlYPEI SOro Sa 116 3a]e4W Hal 1,i/4. ffi fpm 122 it 210W1 OEOIIXRLEPMMCIYPEv 6070 v.. im SaAWm Tm zpm :tmmf 9fGVAnoN.OmWaN ap 2zS200 am 6x1 f9,2eam n p2m e6x x1u 21msm E%WVATION•816BRAOE C11D 6,121 Sna6a16 4621 21.5]2 HELECTOtatr4AAR v5e1vi1MEra aro 31 B,et ilxalam Mgt 1 81am 210XU6.93 2118FLlOTORNHAM F51EY61ENTNOD IOY WYn fill ilt.]5.00 266 1m m W Mu 19 3aTx C06MOIY F1BA1ifbPl2T CU VO N zm 610,®1. tAtf TAS.. 115 Y1ISII: ]9 Sarna " . TE3TROLLINO RM08TA m a2mm m 5x0. 2-S1 BLBORACE PREPARAnON RIN08TA f14 m i1.IxW m I.IaaW 4114W1 Afa2t1E0AlE HIlRFl10110 ClAmlNOp Sm. 1A a-. lA 3SA.W 219aW1 AaO11E011TE811NFACIW pM62 TON 32s s i1xW E 125.. 21x!10 81NEETeWELTFn RCAlIPB1100M 16132 f1e2 110 $15AAA0 110 14p.m 21. 1 VAATQ2 NON1pN 3N. p Mmm p iMlm x1H1eN N9BTPA1WINE qro i0. 101W $"am 10100 40W.00 x11.4 ANIRE6ATE BALE RN1CUeB6 aro 426 aA]1 SiB.pm 8,p f1AAm 19 iz1a2 221 OaiM 2x1W1 MLLBITIMINCwaAFACE RA9 80174 r ..p p.BI{ 24446 2W- 2W1m2 OMLL a0R0UT163F BM CGTEW FJ322 V,Am2m SA905.m t6t 4.x]400 H 31x. 6 >p 2461.69 BII1111HI0113 NATEMAL FOR TAIX 0.147 2GLLON 32 S,SYa ifi,fii]m s,sTx 12597.. 2S6'Lt TYPE.14.6WlA1IN.2 121 TON a aaxilaW ap 2HI,NO.m SOm1 TYPl6P 1x.593EMIIp CmIReHNN TON 141{ f121,Mam 1 4 12M10m xd60Am IYPEeP 1]SNOMINEMCmN24E NIR OS 1.Zae WA10A0 1.276 f2fWW R960.p IYPEHPa6 VAy111Y2a OOUROENIX 6$16.. aNl 461.511 S1gLCRAEEAf:AVAnf]NCLAa9U GN) T Ti Sa512W 9A �.m tai S90.W TdT S+�mm full• Page 165 of 202 ESTIMATED CONSTRUCTION COST AND COST SPLITS PI\YN mwu(aq mM.F Wnmre9aneo..e taaan ee]mpialbly,wlivwllNylwlpeWeWN w1. amlam.leamoaoe EXHIBIT B Van's PNTMIialal eIa•WY ealflTY aIll- a Man WUNW\WN1aTi11RY oaa lwacxEaxW •T\aWna 1NBIlCNWiM faoML\eN1DL PMIpfMtfM NON►AuILmLTWo NEIIM\MgM1p NW/PAEiplI1TM0 sw►1Wu1.1L au.sseoww s9L►.Ir•W.. loe ILA blal•M EMM EMM BIBINM EMM EIarM PJ9MM EMM EMM EtlNNIp PrLI•re 61Bnitl EMM fiILWM waw ITsBplBn lax Pilo Im oBpWr DBa Q.-ft ar Q-W IAa Ia1.511tr a>at OMLq DIN Wii1Y CIa aHf Lie PNEFAWBGIEOIWMAM WDLILWALL Bp F'T -m 2W1 SMAK. t 1 Mbem Ite tl\e10 Me b1. 3 W 1311 0DM8E FlLT131 AMStE011TE aa2b1 1•P3alPflPEMWN LMF1 q an A19aW 910 AAWKeAM.W m I, W ABM. 2W2b1 I'P9a PE%iE paM DN FT M abe am- IAW MAt1.W tM Aaeo al A310. =54I 12`WRF£BEVla2 Ina-mid IJDOI LOA b1 - Ian 311 1 laafl eEWEa oEa In AA\ ux 3W. 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A1. 2 AI a M11 aAWa MEMIN BMWERDELMC#lOR EFDII A a 12b.T2 21 1M.W 2 080 1 A Om A 2 A0. aAMO RMOET 1101X1 LA ma WOMAN IM t(aMW 1• A e 01a.m 1 iW 13 b,1M aMaB OO11baDCipNaW4aN2:V3 RDFT tR, a 3Aem a Sa.W afllW1 aGN PAlEL81YPEC eOFT A] m fm m 3A 10.MSW to ab.W1 epNlatEl81YPE0 eO F'] fM 1W W.e2 IM 2581591 Bpx PAMCIAIYPEDJaaAY BDFT f11. a •iaam W ?m,m Y9W.W) 11B]ALL aGN TYPED EM]e Spa 2 fpaW 2 _M aBM.IA M•TA33atW 1YPE8PEtaLL EAfal 111X. a AOMW a aAW.W eolL 2 amN Page 166 of 202 ESTIMATED CONSTRUCTION COST AND COST SPLITS LeaNn. 90X0 W19a6AWHmRaONb BbNt Lmivr.' aerLMll TaeNIEP.Deg PM9NMzm.ee9WMNr Mq 9@maam,!i9moa9a EXHIBRB znrnt9 Peawlrew 9aYn cal•f1T gryaa�y� waWWYr9x19WARv OAIIINMILItfW11R •nLYM1Kt 1NI961gb1•W •rDIYe•Lre PA N � M9x+AR11ea•Illm ImIfI1R1CMbl•O •AJ.14.434 aL.Y.-m. • 1Y•WeW �^ I91R t3Mabtl EO.YW Eil✓oI E-J E w EYYW ENeiMS E+bbY9 DM9NYe EMNW FMYNYe BmWe FlbNwO EbbNbl NunieM Ibevlllbe Net Paw Cal O Ik Cwt OIMY9 CeC Wslq' Cat zWl.e@ OBECTMMe®t TYPE%N EAW n1, a @am a lam wM1q Ceb D1eNw cLlt Oat9' LtN ]YI.Y2 aEEC1MM1RmRIYPEXI9 EiY:x Ye 1 SW.m am ]YI.Y] mLLTMN•QRTYPEXAe EMM Mull 9 m am 9 3Ym mail, RLIRICCONTR0.M0.NLL 9Yal@tA 833 eY• WK sme99em 1 -=..a ]Yee+. 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RaRWt 8aT TTPEMe uNI7 a+ A119 66aA.W 9amY ata fW). 1@ a1aW I3 SN M VIA, tT. 3Wa 8TA9IUam caN•rRllclldl WT WILPaIY + tYm 9$ Ma 9A9 0.W tY 3613610 DRAIN IIL.ETPROTK.DpI EMaI Y NSW2 Y IL- 1 1 ] Sme.m 0.3 f@0., Ya 8®IMEMCONIrpLLOOTIP NNFT Y 1a taO.W 1 rAf 12 YI f11 0 Ill 351I.6m FERT9JaR TYPEa PIaIA awl 3.145 1TIp aA@ 2e]atl X9 WW w WSS It Y m S+m zamea BL'EWNp ACRE fan 3 ax.W 1a .mW 9.i w3m 9m f+. 9.a >a. 3Waf0a GEED WSK•1E]Stet PalP1D am 1W iLWx.W tY lamm 11 •11 1 K Ix Y1. ]S/fY] 91�DMUImflE86311 P4M w.ml 13 i1Txp 19A ta.N fd f1 9a 0,0 •m. 386611 +IILQIIMTEmII IYPEt TON it 1WI.W 3.1 -w 09 sawl 01 it 92 x84119 DIBKANtlgR•a AOtE >Q. x SIY.Y +.e Ix?4 0.2 $1. t 0.1 MY 3191.W1 RBAOMeLE WiEFgM 4MYf7ENTMIAMaq TAPE "N" •1 ba97 34Y)m 1Ae1 SAWN a1 WIT. IR fInK1a SWa1 a@ iaf .4109 REMDVA0.CFREPOfmEDPAVEIIBil ME9SImETME IT Y tl -114 31 YY I i no 9 w. m.01PMT MYDPRFFIIFRMO9RN FT m m 813.5i @] 18anm 2W2W3 I'SpIDUNEPMM NFT 50.1 M. a- amI W1A0 aD Sw. fW t1e 1e ft. >m 21934] P•CL@L•IEl Offl IN UN" W mus i19,IW.A xq@a -- YY2Y] PaO,OLNE FPSNfYDR IN uNFT $+ W iW0.W Iel iYAO IrIm DUNEEP 11114 UNF n a"- xdN10 ]421@ I'm IA4XNLwEEP09YDRIN Lw FT a IT1 YeI- 9a1.0U ,seem f DmTEDuIC FPOAYORw uN F) N m fm9 l,atm 3Y2Wx fmIEeIXIDLINEEPOSY @LIN Lw FT S1. 1,A9 N.mm 1,1m t,r>aL9 xYxmx 24'•9uDUNEEPO1DY.w NN F'T s@. fID f1,Wim IY 1ala.m ma- "Mm eDPr Nf. 1,W6 121 1aY 20a7em are 9e,MM.m Tt1TALBiLYATE tiAlfAfaaa 4451 AM31 WY,ma MA1M1 NiaaJ1 DDETsxAUE sa2Tmr fNA+2Y nm am D.m 9 AL OAK PARK/®0 9w11F3i >m1.W1 LWIPatN f m 1 VI R9IDOE WA MAN uNFf e. YT 2-1 IBAWEgNTARYe9iNCE RPE LIN FT S 6m m 116 >f Y+YWt WAlERe9iMCERPE uN F) S em 496 S2SMW , x!Y6W REl10YE(ASTEWLLYEa eDz EACI+ S >W,m x muml3 A 31YW9 REYOYE NTrnAN) EW1 Wpm 1 1 ae0lml rtwPoRARTwAIFA BERNfE uMPe1M i +I.mnmmum 1 to m9. uol.em 10 E1YRN09fATExMYI Ella+ 1 .m + a .W3 OIXaa4.T TD ER•TNO WA BERK EAb1 ffi I I a601.V! 119DRAIR EACH 'Aam, a 3aw.e@ +• STOP EACH i xWW 9 it 1 3WL e'OATEVAwEa ewl rylu+ e 1 a Wa s %pima 1'CUR•8)OP6BWI EAt]1s saw 81 I a1 sWlam rnPEK RPE uNFr Iem tTa 1 m zWlam TEPNAwd1CRIE IRON0.Y LW FT Wm W Y Y rwArPwlAlxdlcnlE a uNrt s ela 499. � aw 1WI.W9 DICILEIRON FlTTIN3• f Lm 9Y meum TRAIFICC9NipDLfaPElMawt wLP9Ye t 1 m 1 s1AW, aYam1 TRlmc ILIMP91At s Im9m 1 1 TOTAL�iIAIE 111isawl eN Page 167 of 202 s ��� 1 �r�r ��. TOTAL.PERM EASE 335 SF `;`�, , E;• " a . 1 vacatEd CLARA ST u n, Construction Limits Eris n Foot VVi e a AQ Ease MOO +~►;3 W o. T i iZNV Line - V ��EC;o Easement Acquistion A ° City of OPH, EDA Property Feel ��� 3303020430040 t}Veshington County Public Vlbrke Department Total Parcel+/_56,600 SF Surve Dtvislon Page 168 of 202 COOPERATIVE AGREEMENT BETWEEN THE CITY OF WASHINGTON COUNTY OAK PARK HEIGHTS AND WASHINGTON COUNTY CONTRACT NO. 11565 FOR MAINTENANCE OF DEPT. PUBLIC WORKS COUNTY STATE AID HIGHWAY(CSAH) 24 DIVISION TRANSPORTATION TERM SIGNATURE-PERPETUITY THIS AGREEMENT, by and between the City Oak Park Heights, a municipal corporation, herein after referred to as the"City", and Washington County, a political subdivision of the State of Minnesota, hereinafter referred to as the"County", shall consist of this agreement and Exhibits A and B. WITNESSETH: WHEREAS, the County intends to construct a portion of County State Aid Highway (CSAH) 24 from 50th Street in the City of Oak Park Heights and Baytown Township to 65th Street in the Cities of Oak Park Heights and Stillwater, herein referred to as the "Project" and as shown in Exhibit A; and WHEREAS, the City and the County have entered into a separate agreement for the construction cost sharing of CSAH 24 and all items constructed with this project; and WHEREAS, a cooperative effort between the City and County is the appropriate method to facilitate the maintenance of these transportation improvements; and WHEREAS, this Agreement is made pursuant to statutory authority contained in Minnesota Statute 471.59. NOW THEREFORE, IT IS HEREBY MUTUALLY AGREED AS FOLLOWS: A. PURPOSE The purpose of this agreement is set forth in the above whereas clauses which are all incorporated by reference as if fully set forth herein. B. MAINTENANCE/OWNERSHIP Upon completion of the project, the City shall own and maintain the following under this project Iwithout any cost or expense to the County, unless otherwise agreed to by separate parmit or a. City Municipal Utilities, including sanitary sewer and water main, existing and constructed under this project. b. City Storm sewer. City sStorm sewer trunk lines, Cit lateral lines, City catch basins, City manholes, and drain tile in City right-of-way existing, s Freconstructed under this project. City-owned storm sewer trunk lines, Cily lateral lines, City catch basin, manholes, and City drain tile in County right-of-way existing, constructed, or reconstructed under this project. c. Curb and gutter. All curb and gutter on City right-of-way or City streets existing, constructed, or reconstructed under this project. d. Signing. All permanent roadway signing on City roads will be controlled by the City. e. Crosswalk and pavement markings. All markings on City roads. f. Pavement. Pavement on City right-of-way; existing, constructed, or reconstructed under this project. Upon completion of the project, the following applies to the City, without any cost or Page 1 of 4 Page 169 of 202 expense to the County: a. Corridor boulevards. The City, at their expense, may, but are not required to, perform corridor boulevard mowing. b. Trail and sidewalks. The City shall be responsible for minor maintenance of the trail and sidewalk depicted in Exhibit B. Minor maintenance includes those elements consistent with the City ordinances, policies, or council directives. �he Qty is not responsible for the County STH 36 connecting Oxboro Ave to the Osgood Ave corridor. c. Pedestrian ramps. Minor maintenance of pedestrian ramps connected to the trail and sidewalks listed in B.2.b. Minor maintenance includes those elements consistent with the City ordinances, policies, or council directives. d. Fences. °'." w. 4 Maintenance of fencing on retaining walls that are constructed as part of this project. Maintenance shall include tasks required to maintain the fence in a serviceable condition but not inciudmL re iscement or maior repairs. Upon completion of this project the County shall own and maintain, without any expense to the City, the following under this project: a. Storm sewer. County-owned storm sewer trunk lines, lateral lines, catch basin, manholes, underground storage tanks and drain the on its County right-of-way constructed under this project. b. Underground storm water storage system. The system is located under Osgood Avenue between 61 st St and 62nd St. c. Signing. All permanent roadway signing on County roads will be controlled by the County. d. Crosswalk and pavement markings. All markings on County roads. e. Enhanced pedestrian crossing. Maintenance of the pedestrian crosswalk flasher system located at the north end of the CSAH 24/58th St intersection is addressed in Washington County Contract No. 11556. f. With respect to the construed corridor boulevard, the County will mow the corridor boulevards a maximum of twice per year. The County may perform additional mowing if required to maintain adequate and safe sight distance. g. Curb and gutter. All curb and gutter on its County right-of-way existing, constructed, or reconstructed under this nroiect_ h. Pavement. All pavement systems in County right-of-way existing, constructed, or reconstructed under this project. L Concrete median. All concrete medians in County right-of-way existing, constructed, or reconstructed under this project. j. Retaining walls and fencing. The retaining walls located along CSAH 24, within the County right-of-way, and constructed under this project. Aagbe r k. Trail and sidewalks. The County shall be responsible for major maintenance of the trail and sidewalk depicted in Exhibit B. Major maintenance shall include repair and/or in-place replacement of failing trail and sidewalk segments. The County shall not perform minor maintenance, including, but not limited to snow removal. I. Pedestrian ramps. Major maintenance of pedestrian ramps connected to the trail and sidewalks listed in B.3.k. Major maintenance shall include repair and/or in-place replacement of sidewalk panels and pedestrian ramps as deemed necessary by the County Engineer. The County shall not perform minor maintenance, including, but not limited to snow removal. Signals. Maintenance of the traffic signal system located at the CSAH 24/62nd St intersection is addressed in Washington County Contract No. 11557. Page 2 of 4 Page 170 of 202 I m-n. Fences. The County shall be responsible to perform maior maintenance of anv fences, including repairs if destroyed. 34. All maintenance required to be performed by this agreement by the Parties shall be performed in a manner which shall be at the sole discretion of the party so obligated. 45. The City and County will follow work zone traffic control procedures required in the Minnesota Manual of Uniform Traffic Control Devices for all maintenance activities. 5-6. The County and City will notify each other at least 24 hours in advance of any maintenance activities requiring a lane closure for work within the other party's right-of-way. The County will control all parking and other regulations on County roads. subiect to any previous Agreements between the City and the County. C. CIVIL RIGHTS AND NON-DISCRIMINATION The provisions of Minn. Stat. 181.59 and of any applicable ordinance relating to civil rights and discrimination shall be considered part of this Agreement as if fully set further herein, and shall be part of any Agreement entered into by the parties with any contractor subcontractor, or material suppliers. D. WORKERS COMPENSATION It is hereby understood and agreed that any and all employees of the County and all other persons employed by the County in the performance of construction and/or construction engineering work or services required or provided for under this agreement shall not be considered employees of the City and that any and all claims that may or might arise under the Worker's Compensation Act of the State of Minnesota on behalf of said employees while so engaged and any and all claims made by any third parties as a consequence of any act or omission on the part of said County employees while so engaged on any of the construction and/or construction engineering work or services to be rendered herein shall in no way be the obligation or responsibility of the City. E. INDEMNIFICATION 1. The City agrees that it will defend, indemnify and hold harmless the County against any and all liability, loss, damages, costs and expenses which the County may hereafter sustain, incur or be required to pay by reason of any negligent act by the City, its agents, officers or employees during the performance of this agreement. 2. The County agrees that it will defend, indemnify and hold harmless the City against any and all liability, loss, damages, costs and expenses which the City may hereafter sustain, incur or be required to pay by reason of any negligent act by the County, its agents, officers or employees during the performance of this agreement. 3. To the fullest extent permitted by law, actions by the parties to this Agreement are intended to be and shall be construed as a "cooperative activity" and it is the intent of the parties that they shall be deemed a "single governmental unit" for the purposes of liability, as set forth in Minnesota Statutes, Section 471.59, subd. 1 a.(b). The parties to this Agreement are not liable for the acts or omissions of another party to this Agreement except to the extent they have agreed in writing to be responsible for the acts or omissions of the other parties as provided for in Section 471.59, subd. 1 a. 4. Each party's liability shall be governed by the provisions of Minnesota Statutes, Chapter 466 and other applicable law. The parties agree that liability under this Agreement is controlled by Minnesota Statute 471.59, subdivision 1 a. and that the total liability for the parties shall not exceed Page 3 of 4 Page 171 of 202 the limits on governmental liability for a single unit of government as specified in 466.04, subdivision 1(a). F. CONDITIONS The City shall not assess or otherwise recover any portion of its cost for this project through special assessment of County property on County-owned property. G. DATA PRACTICES All data collected, created, received, maintained, disseminated, or used for any purposes in the course of this Agreement is governed by the Minnesota Government Data Practices Act, Minnesota Statutes 1984, Section 13.01, et seq. or any other applicable state statutes and state rules adopted to implement the Act, as well as state statutes and federal regulations on data privacy. IN TESTIMONY WHEREOF the parties have duly executed this agreement by their duly authorized officers. WASHINGTON COUNTY CITY OF OAK PARK HEIGHTS Chair Date Mayor Date Board of Commissioners Molly O'Rourke Date City Administrator Date County Administrator Approved as to form: Approved as to form: Assistant County Attorney Date City Attorney Date Page 4 of 4 Page 172 of 202 e`r] rte, 1 FOREST SCANDIA R So LAKE so 90 (99 "-�,<.a �' Exhibit iq x� 51 57 W, _ ox sr cema HUGO • MA%Y TOWNSHIP � ; CSAH 24(Osgood Ave N) 61 Oak Park Heights,Stillwater,&Baytown Twp '` 57 " s5 Project#SAP 082-624-009 STILLWATIiR �;., $ ` TOra SFIIP "51 W �'i z,' al r Y GRANT STILLWATER Sldma Ddn 62 63 - Eli! a«batHona �YaN10NAUl � • r Hi9b36 s.a 11.rrrn 1 • - — ^w� �54aG�x 1HD�, OAK PARK s §a�� HEIGHTS O'um'UE BAYTOWNTOWNSHIP ' LAKE WESTLA I-AND yvne•p-PoadELMO TOWNSHIP ss 71 ' I2- 12 12 t' BAYTOWN TOWNSHIP 0th St N WOODBURY AFTON •10 ' A8 PP08r 74 71 k. sr y_ PAMPAU - COTTAGE' DENMARK 61 GROVE TOWNSHIP 76 76 75 6t a8 ' This map's the rewtt of a compilation 1:250,000 tion 61 and reproduction of land records as they appear In osrioue Washington County omcea. t� to_ 0 1 2 4 6 8 -Ill.map should be used for reference 5-•• •? 1 VI �eS purposes only Washington Courtly is not responsible for any inaccuraclea Cton CSAH 24 (Osgood Ave) Project o tY 50th St N to Orl eanv&hvet .� Exhibit i 1 50 J0 ~T U.S. ¢ f� LT ff SCALE IN FEET �. q LT .BEGIN CSAX245B -1^1 v a w ww �CSAX245B STA.SHS.OL 4l EE 0412 C�5- $� •'� g CSAH24SB _ R 29 v. 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'TRAFFIC; IS PIOP� ... go n NO Sec N..N n. as L,".Gry f..'�8."•'�..��.'�., cuT61Eo w. #R"N/INN/er.2n Sra..F'�;J"^iiln"^�' L •� `b"£Y'i••14"' CONSTRUCTION PLANS �"�-�-�"'°•^+/ ^^�"M`�'"^" x r, - �•"°• �— F�2 •2''2°.I.i!96N'N s.....1RFOY•NI 90%PLANS -FOR REVIEW ONLY SHEET NO. 82 OF 200 SHEETS Page 178 of 202 z BEGIN S.A.P. 169-020-008 W C.S.A.H. 24 CSAH24NO STA. 34+16.42 S5oo ' .]e ° 0 As'Lr bs � INSTALL iTAL CSAH24NB SCALE IN FEET R 20' RAILIN° V V V19 ql �- 4_ as - uA W o, • -qLI a •-.A•.o. 4°.4•,v °'a.•^°. •4•. L, `` F GO �.4' 4-...°f�• °'� Y'v_<•• V-o..°'"'.M4'°'.."4•"•: 4•a..'°.'�, °.vim 4. `.4. YW °-.'p'?::011'ol�i'4w'p'•o.'p'o::p• :p'0: . a.•;d.?.:':;0 '4 �.o•.p'o:.'po:pla•'I+ .°•O e•D, •p , D, O..°4• , '4;Iq'< 1o. a a .-oa '4 . •: ,^. a.` Qw=wW , e 0.a y cow �� e.e• m j' •e•el e'. o• 4 .s• o R m' d •.o".'p d .rs �v R 20' A]' .20. MAIMING MALL a R 10' H •Je e A N z •1■ e F 60'AT ]o•z ITT SPECIFIC NOTES •Zry W W Qee24 CAO CONSTRUCTION PLAN LEGEND .. -- R/*LIY[T5 :J.tA a., 6•BITUMINOUS PAVEMENT yi..,;•- . 6"CONCRETE WALK B[TIMINOIS DRIVEWAY .. .. PERMANENT EASEMENT INSET B(SOUTH OF T.M. 36) INSET 0 ®INSET G :: ---TEMPORARY EASEMENT ®',.v. 6"B[TUMING!IS PAVEMENT 3"BITUYINCUS TRAIL �4•GRAVEL DRIVEWAY CONSTRUCTION LIMITS INSET B fMUM OF_ T.X. 381 INET E (MST N .. ... 4"CONCRETE YALX 6"CONCRETE DRIVEWAY ..:...................:................... 2.MILL A OVERLAY INSET CRETE YEOMAN INSET F PAVEMENT tNSET J •....•••............................ :. .: INSET A a MAILBOX SUPPORT •g• 2•AGGREGATE SXOIILDER MRYIi TTaII .. :. € 2ND ST;STA. 33+98•LT : : : : STA..RD 37-SO RT Z �� aS1d6W8l�C ..930 is gSTA.A.H! 62 _ .. .. ...:...................:...................:.................. .......SA1...34•IB.RT.......:...:..... ... N i TT .. .:: ........ ............ ........... ...... ............. ... ....................:.:... e .. 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Nur,_ss� LM No. �_ �' `�`S.i!9S"'a ate•.u.aaees1 90% PLANS -FOR REVIEW ONLY SHEET NO. 83 OF 200 SHEETS Page 179 of 202 Ahibit B f CSAH24NB 50 J SCALE IN FEET INSTALL STOW w¢ �.S'IT INSTALL 4 NET&RAILINS M xxh• � � '0.�: 0�.� 0:: •'0'•O�0':C•'0••.p'OWb I30 0:•p�'0•.�p'0::p�'O�:p'�.-0 .0.�p'0.:p' .p'?..0'O.O ..0 NVI a 'e.a a. aw .. VIW B "..a'a O.ti•O.:_V;?•O:,• Q;;O•V;' 0;:400. :V.;O Law O ¢ W _ O 00' a41 AT, ♦W♦M ,T HTI P M3N1 .23 F 34-� lr�l AT RT •34•RT F h CONSTRUCTION PLAN LEGEND SPECIFIC NOTES -----Rh L]YTTS Yip 6•BITUMINOUS PAVEMENT S. INSET 6"CONCRETE WALK BITUMINOUS DRIVEWAT ©-624 as ------PFAWHEIIT EASEMENT 3NSET B(SOUTH OF T.N. 761 m INSET D ®INSET G .. .. _TEMPORARY EASEMENT ®^,.a. 6•BITUMINOUS PAVEMENT �3"BITUMINOUS TRAIL �4"GRAVEL DRIVEWAY ------CONSTRUCTION LIMITS INSET B(NORTH OF T.N.JB1 INSET E INSET X 2"MILL i OVERLAY 4•CONCRETE MEDIAN INSECONCRETE WALK P6'CONCRETE OR AVEMENT INSETIVEWAT INSET A INSET C - IS MAILBOX SUPPORT 2•AGGREGATE SHOULDER .. .....................'...:.:.......:...:.:.......:......................:..........:. _. .. ...: .......... ... ...... ....... R ...... ................... ............. ................... ............. .. :. :. ....R... .. .. ri .. HIGH POINT .. .- .. ...• R - .. STA.43-37:09 .. .. i... .. ...: :PROPOSED PRIfF[LE . .: .• EL. 93925. d ..:...: ...: : ICSAX24NB) : . ..1NC..i...................i...... EiIISTINO PXOF14E .iy.NX. .- _ - .............:.............. ........... .. ....:...:..... ............. ..............:... .................�.... . 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B"BITWINOUS PAVEMENT F^' ]"BITUMINOUS TRAIL A•GRAVEL DRIVEWAY T.N. 36 M.B. ____CIXISTRIICTION IiYITS INSET B fNp(TN OF T.H.]61 Lr.�'`i IxSET E •°®° ° INSET X 2"MILL Y OVERLAY 4•CONCRETE MEDIAN •I.�" INSE7�ETE� 6"CONCRETE TE DRIVEWAY INSET A INSET C d MAILBOX SUPPORT Y•AGGREGATE SHOIX.OER S:A.P. OB2-624-:009 N•4 : lig HIGH:POINT BEGIN PTAAIL : 40.00"Y.C.: K.9 STA.10-00.DO is:S30.00'V.C. i�, EL.903.79 EC. 903.69 ...910.11................-0....$.ydAd t....::gd.:.::d. .d....-........;..Yd1..FIC''..w..d..1................... 1; ...........:..:.... ...................: ....:........ 1 ................ ................ S.A.P. i.tlA•..PP0we.i08rc2 lTr ............. rail -. 6 8Y78' JOO6s Y.C. ..900 1 .. ...: .. .. $.....g........:.:.. ......... �.gp$ 8 8 (FTRA9EB PRaFsEe 9GG (PTRA0.) .:.: ... ....�..................... g ? E S A�1GI ...890..:...................:.....:.� q V.C. .............................1..3......... ..:............. .. .. ......... ... ........... B90 .....:... ..; .. 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PUBLIC WORKS COUNTY STATE AID HIGHWAY(CSAH) 24(OSGOOD DIVISION TRANSPORTATION AVENUE), COUNTY ROAD (CR) 62, AND 62ND STREET TERM SIGNATURE-PERPETUAL NORTH THIS AGREEMENT, by and between the City of Oak Park Heights, a municipal corporation, hereinafter referred to as "Oak Park Heights", the City of Stillwater, a municipal corporation, herein after referred to as "Stillwater", and Washington County, a political subdivision of the State of Minnesota, hereinafter referred to as the "County, shall consist of this agreement and Exhibit A. WITNESSETH: WHEREAS, a traffic control signal has been installed on CSAH 24 at its intersection with CR 62 and 62"d Street North, and; WHEREAS, a cooperative effort between Oak Park Heights, Stillwater and County is the appropriate method to facilitate the maintenance of this transportation improvement; and WHEREAS, this Agreement is made pursuant to statutory authority contained in Minnesota Statute 471.59. NOW THEREFORE, IT IS HEREBY MUTUALLY AGREED AS FOLLOWS: A. PURPOSE The purpose of this agreement is set forth in the above whereas clauses which are all incorporated by reference as if fully set forth herein and shall consist of this agreement and Exhibit A (Location Map). B. MAINTENANCE RESPONSIBILITIES 1. This agreement and all of its provisions shall apply only to the traffic control signal system located on CSAH 24 (Osgood Avenue) at its intersection with CR 62 and 62"d Street North. 2. This agreement shall supersede any and all prior agreements related to the maintenance of the traffic control signal system at the intersection of CSAH 24 and CR62/62nd Street North. 3. Monthly electrical service expenses necessary to operate the traffic control signal system and integral streetlights, including the cost of establishing and perpetuating a connection to the electrical grid and subsequent ongoing electrical service expenses, shall be paid as follows: • 50% of electrical expenses shall be paid by Oak Park Heights and 50% of electrical expenses shall be paid by Stillwater. In the event of additional development a cooperative effort between Oak Park Heights, Stillwater and the County shall be the appropriate method to facilitate changes to electrical service responsibilities. 4. The County shall, at its sole cost and expense, maintain and keep in repair the integral luminaires (overhead street lights) and all their components, including replacement of the existing luminaires Page 1 of 4 Page 183 of 202 if necessary, and shall maintain and keep in repair the electrical connection to the luminaire heads. 5. The County owns the traffic control signal system and all of its components and shall, at its sole cost and expense, operate, maintain and keep in repair the traffic control signal system including but not limited to the re.lamping of vehicular and pedestrian traffic signal indications, cleaning and maintenance of the control cabinet, maintenance of the Emergency Vehicle Preemption (EVP) system, attached signage, traffic signal interconnection and master controller, and repair of any and all physical damage, except as set forth in the following section. 6. The County considers paint to be an aesthetic component of the traffic signal system. Therefore, if Oak Park Heights and Stillwater mutually desire to paint the system, Oak Park Heights or Stillwater shall, at their sole cost and expense, clean and paint the traffic control signal system and integral streetlights an agreed upon color at the sole cost and expense of Oak Park Heights or Stillwater, having first obtained a permit from the County which may place conditions on activities within the right-of-way. Alternatively, Oak Park Heights and Stillwater may, at their discretion, request in writing that the County paint the traffic control signal system and integral streetlights at the sole cost and expense of Oak Park Heights and Stillwater. 7. The County shall, at its sole cost and expense, be responsible for identification and location of the underground components of the traffic control signal system as required by the Gopher State One Call system. 8. All EVP equipment currently installed on the signals covered by this agreement, including optical detectors, control electronics, and confirmation lights shall hereafter be the property of Washington County if not already so established, with no direct compensation made to Oak Park Heights or Stillwater for said transfer. 9. Oak Park Heights or Stillwater shall not revise by addition or deletion, nor alter or adjust any component, part, sequence, ortiming of the aforesaid traffic control signal system or EVP system; however nothing herein shall be construed as restraint of prompt, prudent action by properly constituted authorities in situations where part of such traffic control signal system may be directly involved in an emergency. 10. The EVP system provided for in this agreement shall be installed, operated, maintained, upgraded, or removed in accordance with the following conditions and requirements: • Emitter units may be installed and used only on vehicles responding to an emergency as defined in Minnesota Statutes Sections 169.011, subd. 3 and 169.03. Oak Park Heights and Stillwater will, provide the County Engineer or his duly appointed representative a list of all such vehicles with emitter units upon request. • Malfunctions of the EVP system shall be reported to the County immediately. • Only in the event said EVP system or components are, in the opinion of the County, being misused or the terms set forth herein are violated, and such misuse or violation continues after receipt by Oak Park Heights or Stillwater of written notice thereof from the County, the County may remove, modify, restrict, or deactivate the EVP system. Upon removal of the EVP system pursuant to this paragraph, the field wiring, cabinet wiring, detector receivers, infrared detector heads, and indicator lamps and all other components shall become the property of the County. • All timing of said EVP system shall be determined by the County. C. CIVIL RIGHTS AND NON-DISCRIMINATION The provisions of Minn. Stat. 181.59 and of any applicable ordinance relating to civil rights and discrimination shall be considered part of this Agreement as if fully set further herein, and shall be Page 2 of 4 Page 184 of 202 part of any Agreement entered into by the parties with any contractor subcontractor, or material suppliers. D. WORKERS COMPENSATION It is hereby understood and agreed that any and all employees of the County and all other persons employed by the County in the performance of construction and/or construction engineering work or services required or provided for under this agreement shall not be considered employees of Oak Park Heights or Stillwater and that any and all claims that may or might arise under the Worker's Compensation Act of the State of Minnesota on behalf of said employees while so engaged and any and all claims made by any third parties as a consequence of any act or omission on the part of said County employees while so engaged on any of the construction and/or construction engineering work or services to be rendered herein shall in no way be the obligation or responsibility of Oak Park Heights or Stillwater. E. INDEMNIFICATION 1. Oak Park Heights and Stillwater agree that they will defend, indemnify and hold harmless the County against any and all liability, loss, damages, costs and expenses which the County may hereafter sustain, incur or be required to pay by reason of any negligent act by Oak Park Heights or Stillwater, its agents, officers or employees during the performance of this agreement. 2. The County agrees that it will defend, indemnify and hold harmless Oak Park Heights and Stillwater against any and all liability, loss, damages, costs and expenses which Oak Park Heights or Stillwater may hereafter sustain, incur or be required to pay by reason of any negligent act by the County, its agents, officers or employees during the performance of this agreement. 3. To the fullest extent permitted by law, actions by the parties to this Agreement are intended to be and shall be construed as a "cooperative activity" and it is the intent of the parties that they shall be deemed a "single governmental unit"for the purposes of liability, as set forth in Minnesota Statutes, Section 471.59, subd. 1a.(b). The parties to this Agreement are not liable for the acts or omissions of another party to this Agreement except to the extent they have agreed in writing to be responsible for the acts or omissions of the other parties as provided for in Section 471.59, subd.1a. 4. Each party's liability shall be governed by the provisions of Minnesota Statutes, Chapter 466 and other applicable law. The parties agree that liability under this Agreement is controlled by Minnesota Statute 471.59, subdivision 1 a. and that the total liability for the parties shall not exceed the limits on governmental liability for a single unit of government as specified in 466.04, subdivision 1(a). F. CONDITIONS Oak Park Heights or Stillwater shall not assess or otherwise recover any portion of its cost for this project through special assessment of County property on County-owned property. G. DATA PRIVACY All data collected, created, received, maintained, or disseminated, or used for any purposes in the course of this Agreement is governed by the Minnesota Government Data Practices Act, Minnesota Statutes 1984, Section 13.01, et seq. or any other applicable state statutes and state rules adopted to implement the Act, as well as state statutes and federal regulations on data privacy. Page 3 of 4 Page 185 of 202 IN TESTIMONY WHEREOF the parties have duly executed this agreement by their duly authorized officers. WASHINGTON COUNTY CITY OF OAK PARK HEIGHTS Chair Date Mayor Date Board of Commissioners Molly O'Rourke Date City Administrator Date County Administrator Approved as to form: Approved as to form: Assistant County Attorney Date City Attorney Date CITY OF STILLWATER Mayor Date City Administrator Date Approved as to form: City Attorney Date Page 4 of 4 Page 186 of 202 91 sl FOREST SCANDIA 52 F0 LAKE so 52 099 9..., 6, � '�_-- Exhibit A � ,,h+ r 57 unswa: oxer• �I p. 'FHUGOY s� a MA TOWNSHIPS. 14 Siss gnal System , sl t,. 51 a; Osgood Ave N & 62nd St N 7DWNSFIIP 51 mon f s � 6eb roesxpaa :.. R STILLWATER N � ,- ' O wIdS—N.& 7 ;r.a.•Fa ✓. MEN sr7+f ntUFJ+ r�axpev,p16, x.y96roa•yprweassp BAYTOWNTOWNSHIP 60tli•Street oith ::- �'�� LAKEWEST LAKE ND a z $ ELMO TOWNSHIP OAK PARK T1 ' 12 HEIGHTS 12— 12 O 58th Street North E � 57th Street North 50th St N uppe S61b3—Nwa WOOD+BURY � AFTON 10 ..xreroer + c� 74 71 t .3 ST. ntrrcagxr COTTAGE DENMARK ' GROYE TOWNSHIP s1 T6 Ts Y5 sA 51 T Ibis map b the reach of a compilation Scale 1:250,000 and reproduction ofland records as they ,1 �+ p appear In various Washington County offices. i W 0 1 2 4 6 8 This map should be used for reference �,,,_ - 10-= Miles�leS purposes only.WashingMo County Is not responsible for any inaccuracies. ivi ashingtian CSAH 24 (Osgood Ave) Project Ragc 187 f 2Q� County 50th St N to Orleans Street COOPERATIVE AGREEMENT BETWEEN THE CITY OF OAK PARK HEIGHTS AND WASHINGTON WASHINGTON COUNTY COUNTY FOR MAINTENANCE OF THE PEDESTRIAN CONTRACT NO. 11556 FLASHER SYSTEM ON COUNTY STATE AID HIGHWAY DEPT. PUBLIC WORKS (CSAH) 24 (OSGOOD AVENUE)AND 58TH STREET NORTH DIVISION TRANSPORTATION TERM SIGNATURE-PERPETUAL THIS AGREEMENT, by and between the City of Oak Park Heights, a municipal corporation, hereinafter referred to as the "City", and Washington County, a political subdivision of the State of Minnesota, hereinafter referred to as the "County", shall consist of this agreement and Exhibit A. WITNESSETH: WHEREAS, it has been determined to install a pedestrian crosswalk flasher system on CSAH 24 at its intersection with 58th Street North, and; WHEREAS, a cooperative effort between the City and the County is the appropriate method to facilitate the maintenance of this transportation improvement; and WHEREAS, this Agreement is made pursuant to statutory authority contained in and Minnesota Statute 471.59. NOW THEREFORE, IT IS HEREBY MUTUALLY AGREED AS FOLLOWS: A. PURPOSE The purpose of this agreement is set forth in the above whereas clauses which are all incorporated by reference as if fully set forth herein and shall consist of this agreement and Exhibit A(Location Map). B. MAINTENANCE RESPONSIBILITIES 1. This agreement and all of its provisions shall apply only to the pedestrian flasher system on CSAH 24 (Osgood Avenue) at 58th Street North. 2. The County shall own the pedestrian flasher system and all of its components and shall, at its sole cost and expense, operate, maintain and keep in repair the pedestrian flasher system including but not limited to replacement of the flashing lights, maintenance of the push button stations, attached County-owned signage, and the pole mounted controller cabinet. 3. The City shall pay 100% of electrical service expenses and shall receive and pay all such invoices. Monthly electrical service expenses necessary to operate the pedestrian flasher system, including the cost of establishing and perpetuating a connection to the electrical grid and subsequent ongoing electrical service expenses. 4. The County shall, at its sole cost and expense, be responsible for identification and locati. of the underground components of the pedestrian flasher system as required by the Gopt State One Call system. C. CIVIL RIGHTS AND NON-DISCRIMINATION The provisions of Minn. Stat. 181.59 and of any applicable ordinance relating to civil rights and Page 188 of 202 part of any Agreement entered into by the parties with any contractor subcontractor, or material suppliers. D. WORKERS COMPENSATION It is hereby understood and agreed that any and all employees of the County and all other persons employed by the County in the performance of construction and/or construction engineering work or services required or provided for under this agreement shall not be considered employees of the City and that any and all claims that may or might arise under the Worker's Compensation Act of the State of Minnesota on behalf of said employees while so engaged and any and all claims made by any third parties as a consequence of any act or omission on-the part of said County employees while so engaged on any of the construction and/or construction engineering work or services to be rendered herein shall in no way be the obligation or responsibility of the City. E. INDEMNIFICATION 1. The City agrees that they will defend, indemnify and hold harmless the County against any and all liability, loss, damages, costs and expenses which the County may hereafter sustain, incur or be required to pay by reason of any negligent act by the City, its agents, officers or employees during the performance of this agreement. 2. The County agrees that it will defend, indemnify and hold harmless the City against any and all liability, loss, damages, costs and expenses which the City may hereafter sustain, incur or be required to pay by reason of any negligent act by the County, its agents, officers or employees during the performance of this agreement. 3. To the fullest extent permitted by law, actions by the parties to this Agreement are intended to be and shall be construed as a "cooperative activity" and it is the intent of the parties that they shall be deemed a "single governmental unit"for the purposes of liability, as set forth in Minnesota Statutes, Section 471.59, subd. 1a.(b). The parties to this Agreement are not liable for the acts or omissions of another party to this Agreement except to the extent they have agreed in writing to be responsible for the acts or omissions of the other parties as provided for in Section 471.59, subd. 1a. 4. Each party's liability shall be governed by the provisions of Minnesota Statutes, Chapter 466 and other applicable law. The parties agree that liability under this Agreement is controlled by Minnesota Statute 471.59, subdivision 1 a. and that the total liability for the parties shall not exceed the limits on governmental liability for a single unit of government as specified in 466.04, subdivision 1(a). F. CONDITIONS Oak Park Heights or Stillwater shall not assess or otherwise recover any portion of its cost for this project through special assessment of County property on County-owned property. G. DATA PRIVACY All data collected, created, received, maintained, or disseminated, or used for any purposes in the course of this Agreement is governed by the Minnesota Government Data Practices Act, Minnesota Statutes 1984, Section 13.01, et seq. or any other applicable state statutes and state rules adopted to implement the Act, as well as state statutes and federal regulations on data privacy. Page 2 of 3 Page 189 of 202 IN TESTIMONY WHEREOF the parties have duly executed this agreement by their duly authorized officers. WASHINGTON COUNTY CITY OF OAK PARK HEIGHTS Chair Date Mayor Date Board of Commissioners Molly O'Rourke Date City Administrator Date County Administrator Approved as to form: Approved as to form: Assistant County Attorney Date City Attorney Date Page 3 of 3 Page 190 of 202 8 8 g1 !$' v Y - 91 FOREST so LAKE M SCANDIA s 50 rM61 f ��� Exhibit A x" 57 auRrsR;..3 axsr L'ROfR' HUGO 57 MAY TOWNSHIP:._ I Pedestrian Flasher System 61 51 Ty: J 57 Osgood Ave N & 58th St N s, slkiwim 7tJWNSfIlP 51 z uusaenx.w GRANT 55 STILLWATER r� C) QN Rtleel Nwh ,. 6a e2nd S,rarxor�n 62 I„ �Nexroroxsnr v - Irrren,iacx �. '8 A mN. ;v. 61A'" A4�iyJ6 x.rvsme,r��wer..o BAYTOWNTO-ownWNSHIP •Sweat 0fm— ' LAKE WEST LAKELAND ELMO z TOWNSHIP aN°0 65 OAKPARK HEIGHTS 12 -12 0 58th Street No ' -----, a 57th¢pStteetNor1h�� 50th St N ppyC S6Yh&weer Nwly - { WOODBURY AFTON 10 •V cavaaaat�wai v Ra e 1 SL1 6f County 50th St N to Orleans Street I CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY,MINNESOTA RESOLUTION NO. A RESOLUTION ESTABLISHING A NO ON-STREET PARKING ZONE ALONG PORTIONS OF OSGOOD AVENUE (COUNTY STATE AID HIGHWAY(CSAH)24) FROM UPPER 55TH STREET NORTH TO 65TH STREET NORTH (PROJECT NO. S.A.P. 082-624-009). WHEREAS, Washington County has planned improvements for Osgood Avenue (CSAR 24)from Upper 55th Street North to 65th Street North in the City of Oak Park Heights; and WHEREAS, Osgood Avenue has previously been designated as a County State Aid Highway; and WHEREAS, Washington County will be expending County State Aid Funds for the improvements on CSAH 24;and WHEREAS,these improvements do not provide adequate width for parking on both sides of the street; and approval of the proposed construction as a County State Aid Highway and must therefore be conditioned upon certain restrictions; and WHEREAS, Washington County has determined that no on-street parking shall be allowed on either side of Osgood Avenue(CSAH 24) from Upper 55a'Street North to 59th Street North in the City of Oak Park Heights; and WHEREAS, Washington County has determined that no on-street parking shall be allowed on either side of Osgood Avenue(CSAH 24) from 61st Street North to 62nd Street North in the City of Oak Park Heights; and WHEREAS, Washington County has determined that no on-street parking shall be allowed on the east side of Osgood Avenue(CSAR 24) from Upper 63rd Street North to 65th Street North in the City of Oak Park Heights: and WHEREAS,The City Council also has authority to establish No Parking Zones and it has been requested by Washington County that the City establish these No Parking Zones; and Page 192 of 202 NOW, THEREFORE, BE IT RESOLVED, by the City Council concurs with Washington County that no on-street parking be allowed along either side of Osgood Avenue (CSAR 24) from Upper 55th Street North to 59th Street North, along either side Osgood Avenue (CSAH 24)from 61'Street North to 62nd Street North,and along the east side of Osgood Avenue (CSAH 24) from Upper 63rd Street North to 65th Street North at all times. BE IT FURTHER RESOLVED that any sign installation and their continued maintenance shall be the sole responsibility of Washington County. This resolution shall become effective immediately upon its passage and without publication. ADOPTED THIS 13th DAY OF FEBRUARY,2018 Attest: Eric Johnson, City Administrator Mary McComber,Mayor Page 193 of 202 THIS PAGE INTENTIONALLY LEFT BLANK Page 194 of 202 Oak Park Heights Request for Council Action Meeting Date February 13"'°2018 Time Required: 5 Minutes Agenda Item Title: Possible Amendment to OrcId 602—Relating to Livestock-Ducks Agenda Placement New Business zl�/Z/ Originating Department/Req or: son C' strator Requester's Signature Action Requested Discuss' n Possible Action City Resident,Jennifer VanDyke of 15298 Upper 611 Street contacted the City regarding the possibility of keeping DUCKS in the City as opposed to chickens.Pursuant to City Ord. 602 ducks are not permitted as they are generally considered"livestock". The City has allowed the keeping of up to 4 chickens and did amend such ordinance a few years ago. To the best of Staff's knowledge there have not been issues that have arisen since this amendment. In communicating with some other communities and reviewing general literature about the keeping of ducks, it would appear that these would not be vastly different from the keeping of chicken,although there are differences,such as the provision of water.But no males or flight-capable breeds should be permitted. If the Council would like to consider this further,I have attached a draft ordinance that could be reviewed and discussed,with possible further consideration in the future -and possibly hold a public hearing on the matter? Page 195 of 202 602 AN ORDINANCE REGULATING THE KEEPING OF LIVESTOCK OR FARM ANIMALS AND PROVIDING FOR THE REQUIREMENT OF A SPECIAL OR CONDITIONAL USE PERMIT. THE CITY COUNCIL OF THE CITY OF OAK PARK HEIGHTS, WASHINGTON COUNTY, MINNESOTA, DOES ORDAIN: 602.01 Definitions. For the purpose of this Chapter, certain words and phrases are defined as follows: A. "Livestock or farm animals" are any and all cattle, sheep, swine, horses, mules and goats,turkeys, chickens, bees or ducks. B. "Domestic House Pet Animals" are those customary and usual house pets such as dogs, cats, et cetera, which are maintained on the premises being sheltered within the primary residential structure located thereon and being kept by the owner or person in occupation thereof for personal or family purposes. C. "Chicken"or"Chickens"as used herein shall not include Roosters. D. "Flightless"means that the species it is used in context with cannot fly over a height of 5 feet and/or sustain flight for more than 5 linear feet 602.02 General Provisions. A. Except as otherwise provided for in this Ordinance or other City regulations, all domestic house pet animals shall be allowed as permitted uses in any zoning district. B. Farm animals or livestock,except chickens,shall be prohibited in all districts except for the O-Open Space Conservation District where the keeping of farm animals or livestock may be allowed by conditional use permit. Prior to being granted a conditional use permit, any applicant seeking to maintain livestock or farm animals upon his property shall demonstrate conditions of this Ordinance. C. Chickens or dunks may only be kept on single family or two-family residential units; subject to the provisions of 602.11. 602.03 Pollution Control Aaencv Standard Minimum Reguirements. A. All regulations imposed by the Minnesota Pollution Control Agency(MPCA) relating to the keeping of livestock or domestic farm animals shall be adhered Page 196 of 202 to, and such regulations shall be considered the minimum safeguard necessary to prevent pollution of public waters or creation of a health hazard. B. New livestock feedlots, poultry lots, and other animal lots are prohibited within the following areas: 1. All districts within the City except for the O-Open Space Conservation District. 2. Within one thousand (1,000) feet of the normal high water mark of any lake, pond or flowage; or within three hundred (300) feet of a river or stream. 3. Within a flood way. 4. Within one thousand (1000)feet to the boundary of a public park. 5. Within one-half(Y2)mile to the nearest point to a concentration often (10)or more private non-farm residences. 602.04 Permit Re uired. No feedlot or manure storage site shall be maintained unless a permit therefore has been first issued by the Minnesota Pollution Control Agency and by the City Council as provided herein. The application for permit by the owner or other person responsible for a feedlot or manure storage site shall be accompanied by plans showing the features and method of operation and construction and existing or proposed safeguards or disposal systems. The governing body may thereafter issue a permit therefore upon such conditions as it shall prescribe to prevent pollution of any public water or creation of a health hazard. 602.05 Storage of Manure or Livestock Waste. No manure or livestock waste shall be deposited,stored,or kept or allowed to remain in or upon any storage site or feedlot without reasonable safeguards adequate to prevent the escape or movement of such manure or waste or a solution thereof from the site which may result in pollution of any public waters or any health hazards. 602.06 Inadequate Safeguards. In case the City Council of the City of Oak Park Heights shall find that any manure is stored or kept on any feedlot or storage site without a safeguard,or that any existing safeguard is inadequate, it may order the owner or other responsible person to immediately remove the manure from the feedlot or storage site and refrain from further storage or keeping of any manure thereat, unless and until an adequate safeguard is provided as herein prescribed. 602.07 Notice Concerning Loss. Page 197 of 202 It shall be the duty of the owner of a feedlot or manure storage site or other responsible person in charge thereof to notify immediately the City Clerk of any loss of stored manure, either by accident or otherwise, when such loss involves a substantial amount which would be likely to enter any waters of the State. Such notice shall be by telephone or other comparable means and shall be made without delay after discovery of the loss. The notification shall include the location and nature of the loss and such other appurtenant information as may be available at the time. 602.08 Hazards and Nuisances. On parcels less than forty(40) acres, which are not part of a larger crop producing commercial agricultural farm,keeping of horses,cattle,livestock,or other domestic farm animals on a site with less than two (2) acres of existing grazable land per animal is hereby declared to be a nuisance. No domestic farm animals shall be placed on any site of less than five(5)acres.Keeping of bees or operating an apiary is prohibited with the City limits. 602.09 Grazable Acres. Grazable acreage shall be defined as open, non-treed acreage currently providing enough pasture or agricultural crops capable of supporting summer grazing at a density of one animal unit or its equivalent per two(2)acres. For purposes of these regulations,the following animal equivalents apply: Animal Units 1 Slaughter Steer or Heifer I 1 Horse 1 I Mature Dairy Cow 1.4 1 Swine over 55 pounds .4 1 Sheep and Goats .5 1 Turkey 1 1 Chicken See 602.11 1 Duck 602.10 The Keeping of Domestic Farm Animals in Greater Density than Allowed by this Ordinance Shall be Prohibited. 3 Page 198 of 202 Variance from the above provisions may be applied for,however,the applicant must demonstrate that facilities are present and appropriate practices are being employed to preclude surface or ground water contamination, excessive manure accumulation, odor, noise, or other nuisances. The applicant must have a Minnesota Pollution Control Agency feedlot permit for the proposed use. 602.11 Keeping of Chickens or Ducks The keeping of chickens or du k� on any site shall require an annual permit. The duration of the permit is January 1-December 31 of each year. The annual fee for such permit shall be $5.00 for up to four chickens which must be paid at the time of application. The city zoning administrator may grant a permit pursuant to this section and the following conditions: a. The applicant shall make written application on such form as provide by the City and agree to adhere to all conditions under which the permit was granted(failure to adhere will result in refusal/revocation). b. The applicant adheres to a minimum of one inspection of the premises on an annual basis, failure to adhere will result in refusal/revocation. c. No roosters,, drakes or male of either anis may be kept within the City limits at any time or for any reason. Q. Only"Ili htless"duck species shall be permissible in the City. Clipping of wings is not a permissible alternative of a flight(flightless) capable duck 4-.e.At no time shall there be more than any combination of four chickens kept on any single or two-family property(no chickens are allowed on any property that contains three or more dwelling units). It—. f. The conditions under which the chickens- ,77 4i1,cks will be kept and cared for may constitute a nuisance or health/safety concern if found to be in disrepair, unsanitary and/or unsafe. 4 Page 199 of 202 IThe chickens or ducks will at no time be contained within a dwelling unit. g:h.The applicant must demonstrate that suitable facilities are present and appropriate practices are being employed to preclude surface or ground water contamination, excessive fecal accumulation, odor,noise or other nuisances. Iir.i. Chickens must be provided a secure, well ventilated,roofed structure capable of providing reasonable shelter during all seasons.No coop, shelter structure or any form of pen or wading pool may be closer than 20' to any property line and may only be kept in the rear yard. Ducks must be supplied a wading pool suitable for duck wading safe humane access and must be not less than twenty(20) square feet per duck. Such water source must be regularly cleaned, not stagnant and not harbor mosquito or other insect infestation. i.j_No person may allow chickens or ducks to range freely without fencing or a mobile pen. Chickens must be kept in the roofed structure I (coop)with an attached pen, or a detached mobile pen ;tion by such anim��. whenever they are unattended by the keeper; but when attended by the keeper,the chicken are allowed in a completely fenced exercise yard; k-.I. The coops attached pen must be securely constructed with at least a mesh type material and shall have protective overhead netting. The coops attached pen must be well drained so there is no accumulation of moisture, The floor area of the roofed structure or a combination of the floor area and attached I pen area must equal at least ten square feet of area per chicken or uuc&: 5 Page 200 of 202 Inrn. No person may slaughter chickens �r ducl within the City limits. Ipro. No person may sell chickens or ducks within the City limits. The city's zoning administrator or animal control officer may refuse or revoke any permit at any time for unsanitary or unfit conditions. 602.12 Enforcement. The provisions of Section 101.05 of the Code of Ordinances for the City of Oak Park Heights are hereby incorporated by reference. Each day during which compliance with this Ordinance is not achieved by an individual,owner,or person responsible for such livestock domestic farm animals or feedlot operation shall constitute a separate offense. 6 Page 201 of 202 Amended by the City Council on March 11, 2014. 7 Page 202 of 202