HomeMy WebLinkAbout03-13-2018 Council Packet CITY OF OAK PARK HEIGHTS
TUESDAY, MARCH 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
6:05 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).
A. Bayport Fire Department—Update from Chief Allen Eisinger
B. Washington County Veterans Services—Presentation by Lon Pardun
6:10 p.m. IV. Consent Agenda(Roll Call Vote)
A. Approve Bills & Investments
B. Approve City Council Minutes—February 27, 2018 (pg. 5)
C. Approve License for Sale/Storage of Consumer Fireworks at Menards (pg. 11)
D. Adopt Proclamation for April 27, 2018 as Arbor Day and May 2018 as Arbor
Month (pg. 13)
E. Approve Amendments to City Ordinance 602 —Relating to Livestock- Ducks (pg.
15)
F. Approve Appointment to Planning Commission —David White to May 2020 (pg.
27)
G. Approve Xcel Energy/Home Energy Squad Enhanced Visits Cost Reduction (pg.
29)
H. Authorize City Hall Exterior LED Light Repair/Replacement(pg. 55)
6:10 p.m. V. Public Hearings
None
6:10 p.m. VI. Old Business
None
6:10 p.m. VII. New Business
A. Norrell Ave. & STH 36 Frontage Road Study—WCCDA Grant Application (pg.
67)
Please mute or silence any cell phones,computers or other devices during meeting—Thank You.
Page 1 of 102
Agenda
March 13,2018
Page 2
B. Possible Amendment City Ord 1401 —Wagon Vendors & Mobile Food Units (pg.
73)
C. Snowplowing Agreement Through April 2021 —Raleigh Trucking Inc. (pg. 79)
D. Consider Taking a City Position on HF 3497—Fees; Wireless Facilities (pg. 95)
E. Corridors of Commerce (pg. 99)
6:30 p.m. VIII. Other Council Items or Announcements
6:30 p.m. IX. Adjourn
Page 2 of 102
s
Oak Park Heights
Request for Council Action
Meeting Date March 13, 2018
Agenda Item Recycling Award
Time Req. 0
Agenda Placement Staff Reports
Originating Department/Requestor A -nistration/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 102
March 2, 2018
Adam Christofk
15154 62nd Street North
Oak Park Heights, MN 55082
Dear Mr. Christofk:
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, March 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
jpinski@cityofoakparkheights.com to let me know your choice of award. at
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 102
Oak Park Heights
Request for Council Action
Meeting Date March 13, 2018
Agenda Item_Approve City Council Minutes—February 27, 2018
Time Req. 0
Agenda Placement Consent
Originating Department/Requestor Administration/Jennifer Pinski
Requester's Signature
Action Requested Approve
Background/Justification (Please indicate any previous action has been taken or if other public
bodies have been advised).
See attached.
Page 5 of 102
CITY OF OAK PARK HEIGHTS
TUESDAY, FEBRUARY 27, 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 Dougherty,
Runk and Swenson. Staff present: City Administrator Johnson,Attorney Kevin
Sandstrom, and City Engineer Mann. Absent: Councilmember Liljegren and City
Planner Richards.
Mayor McComber added "Consider Taking a City Position on SF 2739"as New
Business Item D.
Councilmember Swenson, seconded by Councilmember Dougherty, moved to
approve the Agenda as amended. Carried 4-0.
II. Summary from Closed Session Held on February 13,2018: Attorney
Sandstrom reported that the City Council gave staff direction to engage with a
consultant to prepare an RFP regarding the City Hall security system.
III. Council/Staff Reports:
A. Mayor McComber: She reported that she attended a conference call with
the Coalition of Utility Cities on February 14; she met with the federal,
NLC, and LMC advocacy committees on February 15; she attended a
meeting with local mayors, administrators, and the Chamber on February
27; she will be attending a conference call with the NLC on February 28;
and the Fire Department Advocacy Committee meeting was scheduled for
March 13.
B. Councilmember Dougherty_: No report.
C. Councilmember Lire en: Absent.
D. Councilmember Runk: No report.
E. Councilmember Swenson: No report.
F. Staff: City Administrator Johnson reported that Chief Eisinger from the
Bayport Fire Department would like to come to the City Council meeting
on March 13 to provide an update. City Clerk Pinski reported that Erin
Dougherty of 14190 57th Street North was chosen as the recycling award
winner.
IV. Visitors/Public Comment: None
V. Consent Agenda:
Page 6 of 102
City Council Meeting Minutes
February 27, 2018
Page 2 of 4
A. Approve Bills & Investments
B. Approve City Council Minutes—February 13, 2018
C. Approve City Council Worksession Notes—February 13, 2018
D. Approve Resolution Authorizing MN Deer Hunters Association—St.
Croix Valley Chapter to Conduct a One-Day Raffle at Heights Hall &
Club on April 7, 2018
E. Approve Resolution Authorizing Ducks Unlimited St. Croix Valley to
Conduct a One-Day Raffle at Heights Hall & Club on May 3, 2018
Councilmember Runk, seconded by Councilmember Dougherty, moved to
approve the Consent Agenda. Roll call vote taken. Carried 4-0.
VI. Public Hearings:
A. Oak Park Hei hts Senior Living—Phase V 72 Unit Bond Issuance
Assistance. Mayor McComber opened the Public Hearing. Jenny Bolton
of Kennedy& Graven reported that what was being proposed was a
conduit revenue bond. No public comments were made. Councilmember
Runk, seconded by Councilmember Swenson, moved to close the Public
Hearing. Carried 4-0.
Councilmember Swenson, seconded by Councilmember Runk, moved to
approve the Resolution. Roll call vote taken. Carried 4-0.
VII. Old Business:
A. Palmer Station—Bidding—Plans and Specifications: City Engineer Mann
reported that staff was seeking permission from the City Council to
authorize advertisement for bids, to be initiated when the plans were final,
subject to City staff's review and authorization. Councilmember
Swenson, seconded by Councilmember Runk, moved to authorize
proceeding with bidding and specifications as presented by the City
Engineer. Carried 4-0.
B. Mill and Overlay 2018: Councilmember Runk, seconded by
Councilmember Swenson, moved to move forward with the project and
award the project to Valley Paving, Inc. Carried 4-0.
C. Sunnyside Lift Station: City Engineer Mann reported that staff secured
bids for the work and recommended the project be awarded to Lametti &
Sons, Inc. for the base bid and alternate 1.
Councilmember Swenson, seconded by Councilmember Runk, moved to
proceed with the sanitary lift station project as presented. Carried 4-0.
Page 7 of 102
City Council Meeting Minutes
February 27, 2018
Page 3 of 4
VIII. New Business:
A. Approve Construction Access Agreement Sunnyside Marina& Lift
Station Prosect: Councilmember Swenson, seconded by Councilmember
Dougherty, moved to approve the construction access agreements with
Sunnyside Marina for the lift station project. Carried 4-0.
B. TIF Application 1-3 —Nolde Oak Park Senior Living: Councilmember
Runk, seconded by Councilmember Dougherty, moved to adopt a
Resolution calling for a Public Hearing on April 24, 2018. Carried 4-0.
C. Approve Allocation of General Fund Unassigned Balance and Non
Budgeted Fund Transfers: Finance Director Caruso provided a summary
of the 2016 fund balance transfers and requests for 2017 budget
allocations. Councilmember Runk, seconded by Councilmember
Dougherty, moved to approve the Resolution presented by the Finance
Director. Roll call vote taken. Carried 4-0.
D. Consider Taking a City Position on SF 2789: Mayor McComber asked the
City Council if they wanted to oppose the proposed bill. Councilmember
Swenson suggested contacting local representatives. Councilmember
Swenson, seconded by Councilmember Dougherty, moved to take action
opposing the bill. Carried 4-0.
VIII. Other Council Items or Announcements: Mayor McComber reported that during
a meeting with the area mayors, administrators, and the Chamber, Chamber
Coordinator Robin Anthony asked if any of the cities wanted to have a booth at the
Community Showcase on April 14. She suggested the Parks Commission,the
Summer Park Program Coordinator, or the Mountain Bike Team might want to be
at the booth. She stated the rate for the booth was $275.
Councilmember Runk, seconded by Councilmember Dougherty, moved to
authorize $275.00 for the booth. Carried 4-0. Councilmember Swenson suggested
the booth be run by volunteers rather than paying overtime to City staff.
Mayor McComber reported there was a community town hall meeting at City Hall
on February 28 from 5:30—7:30 p.m. regarding student safety and well-being.
Councilmember Swenson suggested having Valley Access Channels tape the
meeting.
Page 8 of 102
City Council Meeting Minutes
February 27, 2018
Page 4 of 4
IX. Adjourn: Councilmember Runk, seconded by Councilmember Dougherty, moved
to adjourn at 6:35 p.m. Carried 4-0.
Respectfully submitted, Approved as to Content and Form,
Jennifer Pinski Mary McComber
City Clerk Mayor
Page 9 of 102
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Page 10 of 102
Oak Park Heights
Request for Council Action
Meeting Date March 13, 2018
Agenda Item_Approve License for Sale/Storage of Consumer Fireworks at Menards _
Time Req. 0
Agenda Placement Consent
Originating Department/Requestor A�dministration/Jennifer Pinski
Requester's Signature
Action Requested Approve
Background/Justification(Please indicate any previous action has been taken or if other public
bodies have been advised).
Phantom Fireworks Store Sales, LLC has submitted an application on behalf of Menards#3129,
5800 Krueger Lane, in Oak Park Heights, for a permit to sell fireworks in the City of Oak Park
approval of the permit pending passage of a background investigation by the PoHeights. The license fee has been paid and proof of insurance has been submitted. I recommend
lice Department.
Page 11 of 102
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Page 12 of 102
0
Oak Park Heights
Request for Council Action
Meeting Date: Tuesday March 13th 2018
Agenda Item: Arbor Day Proclamation 2018
Time Req. 1 Minute
Agenda Placement: Consent
Originating Department/Requestor: Public Works, And Kealey Public Works Director
Lisa Danielson. Arborist
Requester's Signature ,
Action Requested: P I im Fririqv Aril 27t1 2018 Arbor Da and Ma 2018 Arbor
Month i
Please See Attached Proclamation.
Arbor Day is recognized in all 50 states as well as in many other countries. Many communities
have special Arbor Day events and activities such as tree plantings. During Arbor Month the
benefits of tree care and the importance of tree plantings are expressed. Arbor Day and Arbor
Month are a great way to get the community active outdoors and make a difference in the
appearance of their property and city parks. The City of Oak Park Heights has been named a
Tree City USA for 35 years strong and the award is valued greatly by the community. Therefore
I recommend the Council to proclaim Friday April 27th 2018 Arbor Day in the City of Oak Park
Heights and the month of May to be Arbor Month in the City of Oak Park Heights.
Page 13 of 102
CITY OF OAK PARK HEIGHTS
PROCLAMATION
WHEREAS: Minnesota is home to many of our nation's natural resources,foremost
among them are our beautiful and abundant forests;and
WHEREAS: Trees are an increasingly vital resource in Minnesota today,enriching our
lives by purifying the air,conserving soil,water and energy,creating jobs
through a large forest products industry,serving as recreational settings,
providing habitat for wildlife of all kinds,and creating beautiful
landscapes to make our communities more livable;and
WHEREAS: Human activities such as construction damage,pollution and neglect,as
well as climatic extremes,disease and insects threaten our trees,creating
the need for concerted action to ensure the future of community and rural
forests in our state and throughout the country;and
WHEREAS: Each individual can act locally to improve the environment by planting
trees and ensuring that these trees are protected and receive proper
maintenance in the years ahead;and
WHEREAS: Each year on the last Friday in the month of April and throughout the
month of May,the people of Minnesota pay special tribute to the vital
natural resource that our trees represent and dedicate themselves to the
continued vitality of our state's community and rural forests;
NOW,THEREFORE I,Mary McComber,Mayor of the City of Oak Park Heights,do
hereby proclaim Friday,April 27,2018 to be
ARBOR DAY
and the month of May,2018 to be ARBOR MONTH in Oak Park Heights,Minnesota.
Signed this, ,2018
Mary McComber,Mayor
Tree City U.S.A. Page 14 of 102
Oak Park Heights
Request for Council Action
Meeting Date March 13a' 2018
Time Required: 1 Minute
Agenda Item Title: Amendment to Ord. 602— a ' to Livestock-Ducks
Agenda Placement Consent A
en
J�r 0*
Originating Department/Requesto . so i Administrator
Requester's Signature
Action Requested A rove Am ' ents to City Ord. 6n,).—Rel
ating to estoc
Kee in of cks and Summ Publication Ordinanceestock
.LILLiV 2018-602-03.
At the Feb 13t' 2018 City Council eeting,the City Council was amenable to the proposed 602
Ordinance Amendments to allow the keeping of DUCKS in the City.However,as noted in the initial
memo below, Staff was unsure if this concept would be amenable to the Council and no prior discussion
was held.
REQUESTED ACTION:
Now that such discussion was effectively held,the ordinance is required to be posted for a minimum of
10 days prior to its adoption and which has now been completed.Accordingly, assuming the Council
remain in support of the revisions,the Council should approve the attached amendment(s)to the 602
Ordinance.
From 2113118 Memo:City Resident>Jenai&r V
regarding �� anDyke of 15298 Upper 51 Street contacted70ty
502 docks are ao pemtitted asg DUGKS ut the City as opposed to cbicicems.Pursuant tthey are generally considered`lhlestocic.
The City has allowed the keeping ofup to 4 chickens and did amend such ordinance a few ythe best o€Staff's knowledge them haste not been issues that hast arisen since this am
In communicating wide some other communities and resiewing general literature about the keeping of
ducks,it would appear that these would not be lastly different from the keeping of
chicken,although
there are differemces,such as the prour=W of stater_But no males or flight capable breed sh
permitted.
Ifthe Council would like to consider tbis further,I hm's attached a drat}Ordinance that could be reviewed
and discussed.the ma with possible fiuther consideration in the future—and possibly hold a public hearing on
Page 15 of 102
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.
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 may only be kept on single family or two-family
residential units; subject to the provisions of 602.11.
602.03 Pollution Control Agency Standard Minimum Requirements.
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 16 of 102
to, and such regulations shall be considered the minimum safeguard
necessary to prevent pollution ofpublic 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(%Z)mile to the nearest point to a concentration often
(10)or more private non-farm residences.
602.04 Permit Required.
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 17 of 102
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 1
1 Horse 1
1 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 Kepping of Domestic Farm Animals in Greater Den than Allowed b this
Ordinance Shall be Prohibited.
3
Page 18 of 102
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
The keeping of chickens 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.
No roosters, drakes or male of either animal may be kept
within the City limits at any time or for any reason.
e<d. Only"flightless"duck species shall be permissible in the
City. Clipping of wings is not a permissible alternative of_a
flight(flightless)capable duck
<i 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).
Ie f_The conditions under which the chickens- or Aucks 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 19 of 102
If--g_The chickens or-ducks will at no
time be contained within a
dwelling unit.
9--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.
I1}:i. Chickens must be provided
ventilated,roofed structure capable of providing reasonable
shelter during all seasons.No coop, shelter structure or any
form of pen may be closer than 20' to any
Property line and may only be kept in the rear yard. Ducks
must be su lied a wadin ool suitable for duck wading,
safe humane access and must be not less than twen 20
square feet per duck Such water source must be regularly
cleaned not sta ant and not harbor mos uito or other
insect infestation.
I i-.LNo person may allow chickens or ducks to range freely
without fencing or a mobile pen. g eely
Ik. Chickens ducks must be kept in the roofed structure
I
(coop)with an attached pen, or a detached mobile pen
by suchU
whenever they are unattended by the keeper but henlmal
I attended by the keeper,the chicken
are allowed
in a completely fenced exercise yard;
k:L The coops attached pen must be securely constructed with
at least a mesh type material and shall have protective
overhead netting.
Vim• 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 duck;
5
Page 20 of 102
IM n. , _No person may slaughter chickens within
the City limits.
Imoo_ No person may sell chickens within the
City limits.
e-.L.— ._ ,,, 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 21 of 102
Amended by the City Council on March 11, 2014.
7
Page 22 of 102
CITY OF OAK PARK HEIGHTS
WASHINGTON COUNTY,MINNESOTA
ORDINANCE NO.2018-602-03
AN ORDINANCE AMENDING CHAPTER 602 OF THE
CODE OF ORDINANCES OF THE CITY OF OAK PARK HEIGHTS
RELATING TO 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:
Section 1. That Section 602.01 of Chapter 602 of the Code of Ordinances of the
City of Oak Park Heights is amended to add the following definition:
D. "Flightless" means that the species it is used in context with cannot fly
over a height of feet and/or sustain flight for more than 5 linear feet.
Section 2. That Section 602.02.C. of Ordinance 602 is hereby deleted in its
entirety and replaced with the following:
C. Chickens or ducks may only be kept on single family or two-family
residential units; subject to the provisions of 602.11.
Section 3. That the last line in Section 602.09 is amended to read as follows:
1 Duck See 602.11
Section 4. That Section 602.11 of Ordinance 602 is hereby deleted in its entirety
and replaced with the following:
602.11 Keeping of Chickens or Ducks
The keeping of chickens or ducks 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).
Page 23 of 102
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 animal may be kept
within the City limits at any time or for any reason.
d. Only"flightless"duck species shall be permissible in the
City. Clipping of wings is not a permissible alternative of a
Right(flightless)capable duck.
e. At no time shall there be more than any combination of
four chickens or ducks kept on any single or two-family
property(no chickens or ducks are allowed on any property
that contains three or more dwelling units).
f. The conditions under which the chickens or ducks will be
kept and cared for may constitute a nuisance or
health/safety concern if found to be in disrepair, unsanitary
and/or unsafe.
g. The chickens or ducks will at no time be contained within a
dwelling unit.
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.
i. Chickens and ducks 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.
j. No person may allow chickens or ducks to range freely
without fencing or a mobile pen.
k. Chickens or ducks must be kept in the roofed structure
(coop)with an attached pen, or a detached mobile pen
suitable for proper and humane occupation by such animal
Page 24 of 102
whenever they are unattended by the keeper; but when
attended by the keeper,the chicken and ducks are allowed
in a completely fenced exercise yard;
1. The coops attached pen must be securely constructed with
at least a mesh type material and shall have protective
overhead netting.
in. 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
pen area must equal at least ten square feet of area per
chicken or duck
n. No person may slaughter chickens or ducks within the City
limits.
o. No person may sell chickens or ducks within the City
limits.
p. The city's zoning administrator or animal control officer
may refuse or revoke any permit at any time for unsanitary
or unfit conditions.
Section 5. Effective Date. This ordinance shall be in full force and effect from and
after its passage and publication according to law.
Passed by the City Council of the City of Oak Park Heights, Washington County,
Minnesota,on this 27th day of March,2018.
CITY OF OAK PARK HEIGHTS
Mary McComber,Mayor
Attest:
Eric Johnson,City Administrator
Page 25 of 102
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Page 26 of 102
ip'll
Oak Park Heights
Request for Council Action
Meeting Date; March 13th.2018
Agenda Item Title AnMove AMointment to Planning Commission David White to Mav 2020
Time Required 1 minutes
Agenda Placement Consent A en
Originating Department/Reque r: J son CilyAdministrator
Requester's Signature
Action Requested A rove A ntment to PI Commission—David White to Mav 2021
Background/Justification(Pin a indicate any previous action, financial implications including budget
information and recommends ions).
Planning Commissioner David White's partial term is expiring in May 2018 and he has inquired about
re-appointment; Please recall, Mr. White was appointed to complete the term of Robin Anthony who
left the commission in September 2017. At this time in order to retain the full-compliment of the
Planning Commission, Staff does recommend that Mr. White be reappointed to a 11 full-term three
year through May 2021 and which will provide proper staggering of terms.
FROM SEPT 2017
Ms.Robin Anthony is unfortunately steppig down from the Plenn' Commission due aMicf
Planning naiad n did
wntfx� m end respond to kreMn9 a full Canrnissiwi 1401150M0811 that the Planning mm
Cossior did very
recently seek residents from the City to serve 10 N two recent vacancies.
Five residents cid submit applications and were interviewed by the Planning Commission on Aug 101h.The
Co mrasion dad note that it appreciated 89 the appieada and tbrmd Orem all In,be qualified to asive.On August
22^d2017 the Council cid SPPoi t Me.Jermifer Giovfna>m and Ms.Jennder Vhn Dyke through May 3A 2019
undormaa However, address Dee
round a new vacancy,the Coumsl may appoint one of those persons not chosen in the earlier
y respan the appimtion process_
Again,all live persons were fell to be qualified.Basad an some idomal disms
is suggested to be appointed by ions with thine persons
who were
in Ore irderviewe—however at this lime Mr.David While of 1428150„street the
Council ae this appointment will better spread the membership out across the City a bit more,see the attached
map-
If this were as to the City Council,Staff would suggest that Otis appointment inn through Bre planned
expiration of Robin Acdhony's 2^d fill term culminating May 31st.20%Litre all appoirdments.the Council should
isviait the appointment atthat time completion.As follows ie an estimated term list O David Wbite was approved.
Jim Kremer Currently complatin9 second fail tem,culminating May 31,2019.
Tlnotlry Freeman. Currently fulfilling that htll tem,culminating May 31,2020.
Jema9er Glovinim: Currently f Alli ft Partial corm,adminating May 31,2019
Jannfler Van Dyke: Currently fuOilling partial term,culminating May 31,2019
David Wh0e: Currently fAn9 PON tem.culminating May 31,2018
Page 27 of 102
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Page 28 of 102
i
Oak Park Heights
Request for Council Action
Meeting Date: March 13t' 2018
Agenda Item Title A-gprove Xcel Ener /Home Energy S uad Enhanced Visits Cost Reduction
Time Required 1 minute
Agenda Placement Consent Agenda
Originating Department/Requestor: Eric Johnson, City Administrator
Requester's Signature
Action Requested Anorove Xcel Energy/Home Energy Sauad Enhanced Visits Cost Reduction
Background/Justification(Please indicate any previous action, financial implications including budget
information and recommendations).
As discussed at the Council goal setting workshop, the City is continuing to work with Xcel Energy to advance its
Partners in Energy Programming and Home Energy Squad visits. Despite the engagement thus far— including
placements of information in the City's newsletter, website, Facebook and posting at Ice rink, there has only been
limited responses from households. Recall for a $100 investment on the part of homeowners; Xcel Staff will
provide more than $500 in value to such home by performing efficiency studies, change lightbulbs, thermostats,
perform insulation inspections, and become eligible for extensive rebate on equipment,etc.
One option for the City to consider is to offer a bit of further incentive to buy down the $100 cost to $50 -thus
potentially encouraging more homeowners to participate. The City could allocate$1,000 to this premise and would
thus cover 20 homes. Other cities have performed this including: Roseville, New Hope, Mounds View — See
enclosed listing.
The City's public value of this investment is largely awareness that options are out there to lower overall home
operating costs to homeowners and which might induce other reinvestments that benefit the City's general tax
base in the longer term.
For further information, I have enclosed documentation from a home visit that was concluded in the City and
which outlines the improvements made, heat-loss analysis, water heater insulation and other investments.
If the concept is amenable to the Council, the $1,000 could be allocated from the City's Undesignated
2017 General Fund Balance and Staff would execute the enclosed agreement—subject to any necessary
revisions.
Page 29 of 102
AGREEMENT to Perform
Home Energy Squad Enhanced Visits
In the City of Oak Park Heights
This Agreement is made by and between the City of Oak Park Heights(CITY)with an office at 14168 Oak Park
Boulevard North,Oak Park Heights,Minnesota 55082 and the Center for Energy and Environment("CEE"),with
offices at 212 31 Avenue North,Suite 560,Minneapolis,Minnesota 55401.
The following agreement is for the Center for Energy and Environment(CEE)to deliver Home Energy Squad
Enhanced visits to residents in the City of Oak Park Heights(CITY)in partnership with the City of Oak Park
Heights.
PROGRAM SCOPE
The purpose of Home Energy Squad Enhanced visits is to promote energy conservation in residential properties.
Home Energy Squad Enhanced visits offer installs,diagnostic tests,and follow-up services.CEE will perform Home
Energy Squad Enhanced visits for$50 for residents per the fee schedule listed below.
"Home Energy Squad Enhanced visit $50 $50
ELIGIBLE PROPERTIES P
Properties must be residential(from 1-4 units)and located within the geographical boundaries of the City of Oak
Park Heights.Individual owners of condominiums or town homes are eligible for funding.
CEE TASKS
1. Conduct Home Energy Squad Enhanced Visits. CEE will conduct Home Energy Squad Enhanced visits to
help homeowners identify and implement energy savings opportunities in their homes.The Enhanced visit
will include the direct install of energy-saving materials where possible,including high-efficiency
showerheads,faucet aerators,door weather-stripping,a water heater blanket,programmable thermostats
and LED light bulbs.In addition,it will include a blower door test to check for air leaks,visual inspection
of insulation levels with use of infrared camera as weather permits,heating system and hot water heater
combustion safety tests and a report to the homeowner on recommended energy upgrades(if resident is a
renter,permission from the landlord may be required for doing these additional diagnostic services).
The co-pay and exact package of services are subject to change based on programmatic considerations,
including CEE's agreement with utilities and other factors which are outside the bounds of this agreement.
CEE will notify the CITY prior to any changes taking effect.CEE will lead a community-based marketing
campaign to promote the program.The CITY shall provide assistance in developing and implementing this
campaign.
2. Providing Air Sealing and Insulation quotes. If air sealing and/or insulation are recommended at a Home
Energy Squad Enhanced visit,CEE may provide a quote to the resident that would be honored by
participating insulation contractors.CEE is an independent third party to any transaction between the
resident and the insulation contractor.CEE does not receive any compensation from insulation contractors,
nor does CEE or CenterPoint Energy accept any liability for any work performed by these contractors.Any
agreement for work done by the contractors is solely between the contractor and the resident.
3. Follow-up services and insulation contractor assistance. If major upgrades(air sealing,insulation and
furnace or boiler replacement)are recommended at the visit,CEE will follow-up with homeowners through
email or by phone to encourage implementation.When a quote is provided CEE has the ability to schedule
insulation work directly with a qualified contractor making it easier for homeowner to move forward with
recommendations.CEE will also provide contact information to program participants who have follow-up
questions after the home visit.
Page 30 of 102
PAYMENT
The CITY will reimburse CEE$50 per each completed visit,not to exceed$1,000 without further authorization
from the CITY. CEE shall submit quarterly invoices to the CITY for activity performed under this agreement.
Invoices will be emailed to Eric Johnson.
CONTACTS
The following individuals shall be contacts for this program:
CITY CONTACT PERSON
Eric Johnson,City of Oak Park Heights
City Administrator
eajohnson@cityofoakparkheights.com or 651-439-4439
CEE CONTACT PERSON
Stacy Boots Camp,Center for Energy and Environment
Recruitment and Outreach Coordinator
sbootscamp@mncee.org or 612-244-2429
TERM
The project shall run from February 1,2018 through December 31,2019 and may be extended upon mutual
agreement by the parties.
In witness thereof,the parties have executed this work order as of the date written below.
CITY OF OAK PARK HEIGHTS CENTER FOR ENERGY AND ENVIRONMENT
By: By:
Date: Date:
TAX ID 41-1647799
Page 31 of 102
2018 HOME VISIT COST GUIDE
CITIES WALKTHRU + INSTALLS AUDIT + INSTALLS
i 00
BLOOMINGTON $50 $50
BROOKLYN PARK $50 $50
EDEN PRAIRIE $70 $50
EDINA $70 $50
FRIDLEY $70 $50
HOPKINS $50 $50
MINNEAPOLIS $70 $100
Bancroft $70 $50
CARAG $50 $50
Field Regina Northrop $70 $50
Holland $70 FREE
Linden Hills $70 $50
Logan Park $30 $60
Seward $30 $50
Waite Park $70 FREE
Windom Park $70 $50
MOUNDS VIEW $70 $50
NEW HOPE $50 $50
PLYMOUTH $70 $70
RICHFIELD $50 (Freefor80%AMI) $50 (Free for 80%AM I)
ROSEVI LLE $70 $40 (Audit FREE)
ST. LOUIS PARK $70 $50
INSTALLONLY: ENHANCED:(Product Installations+)
• LEDs(in high use areas) • Blower door test to check for house air leakiness
• Showerheads&aerators • Attic and wall Insulation Inspection
• H2O thermometer • Use of infrared camera
• H2O heater setback • Combustion safety check of furnace and water heater
• Programmable thermostat • Report with prioritization of energy upgrades,rebate and
• Door and attic weather-stripping"as needed" financing information
• Water heater blankets"as needed" • Air Sealing and insulation bid if work is recommended
• Refrigerator thermometer • One-on-one consultation for potential energy projects
TV Timers$20,Extra Thermostat$30,Smart Thermostats-Ecobee 3 Lite$12S,Nest E$119, Nest$190-Includes$50 CPE Instant rebate.
No$50 Smart Thermostat instant rebate in Xcei territory,so prices are Ecobee 3 Lite$165,Nest E$169, Nest$240 for Xcel/Xcel
Page 32 of 102
'I
NONDiLi
What Was Installer! TodayrE, �`
Time of Visit:Mar 05,2018
02:00
Team: L Counselor:Rebecca Priestley Technician: Kristen Syverud
Items Installed Today Bulbs By Room
Room Type Bulb Type Quantity
WH Pipe In (3/4) 2 Basement LED-A-lamp(15W) 3
Water Heater Blanket 1 Bedroom LED-A-lamp(9W) 5
Threshold Adiustment 1 Bathroom LED-A-lamp(9W) 10
LED-A-lamp(9W) 17 I Hall LED-A-lamp(9W) 2
LED-A-lamp(15W) 3 ---
Thermostat Programming:Already Programmed
Account History:
QuantityItem
Visit Fee 1 $100.00 $100.00
Paypal
Total Costs: $100.00
Total Credits: $100.00
Balance Due: $0.00
Water Heater Temp Adjusted:Yes
Combustion Safety:
I have been informed of the appliance combustion safety issues in my home,and I have received an Appliance Combustion
Safety handout from the home visit crew.
CUSTOMER agrees to pay for the agreed-upon quantity of items installed CUSTOMER's home at the listed total price.CUSTOMER will sign invoice
as agreement that these were the items installed.CUSTOMER consents to energy efficiency data being shared with Xcel Energy and the
CenterPoint Energy for program analysis purposes.CUSTOMER also authorizes Xcel Energy and CenterPoint Energy to release to the Center for
Energy and Environment electricity and natural gas billing information for the above property or properties,including meter reading dates,
consumption(kWh,Dt,therms),and other relevant information for program analysis purposes.
Customer Signature:
Date: March 05, 2018
Date: March 05, 2018
CEE Staff Member:
Page 33 of 102
cee #
Home Visit Request Form
The Center for Energy and Environment(CEE)offers a Home Visit in order to directly install measures that will save you
energy, as well as assess other energy savings opportunities and develop a personalized energy action plan.This form
authorizes CEE to conduct a home visit on your property.The home visit will include the following:
1. Installation of energy-saving measures
Our energy professionals will assist you with installation of the following materials, as they are needed, in the home:
• High efficiency shower heads
• High efficiency faucet aerators
• Programmable thermostat
• Weather stripping
• Water heater blanket
o Water heater pipe wrap(CenterPoint customers only)
• High efficiency light bulbs(Xcel electric customers only)
2. Assessment&walkthrough
Our energy professionals will use building diagnostic tools to assess energy saving opportunities in your home,
including:
• Assess air leakage using Blower Door diagnostics(Audits only)
• Assess water heater
• Assess heating system
• Assess insulation levels in attic and walls (if accessible)
• Review energy usage information
3. Consultation/Recommendations
Based on the assessment,our energy professionals will provide you with custom recommendations, including major
energy saving opportunities(air sealing, insulation, heating/cooling equipment)
By signing this form CUSTOMER represents that CUSTOMER is either the property owner,or otherwise has full authority to authorize the upgrades in this service,and take
full responsibility for having the measures installed in the house,and hereby authorizes the installation of measures in the home that may include the removal of non-energy
efficient fixtures and the performance of energy efficiency tests by members of the Center for Energy and Environment's(CEE)'s Home Energy Squad.CUSTOMER
acknowledges that CEE accepts no responsibility for the performance of any measures installed.CUSTOMER hereby waives and releases CEE,Its officers,directors,
employees,and agents from any and all liability to CUSTOMER,and CUSTOMER's spouse,children,heirs,next of kin,assigns or personal representatives,or other
occupants for any costs,liens,expenses,fees,losses,causes of action,damages,or claims relating to or arising out of this inspection,and installation,use and maintenance
of the equipment or upgrades recommended,including but not limited to,any claims for personal or bodily injury,death or property damage.CUSTOMER acknowledges that
for research purposes CEE may utilize non-personally-identifiable data collected during the home visit and/or contact CUSTOMER.CUSTOMER authorizes Xcel Energy and
CenterPoint Energy to release to the Center for Energy and Environment electricity and natural gas billing information for the above property or properties,including meter
reading dates,consumption(kWh,Dt,therms),and other relevant information for program analysis purposes.
Homeowner Name(Print) Homeowner Address
March 05,2018 2:14 PM
Homeowner's(CUSTOMER)Signature Date and Time
Page 34 of 102
77
NONE W213clY Sam
energy Fitness Plaro 7
I'Qr' By:Rebecca Priesiley, Kristen Syverud
Date:Mar 05,2018
Ac HIEVO
00
INEFFICIENT EFFICIENT
HOUSE HOUSE
ACHIEVED ACTION NEEDED by priority COST($) REBATE($
I— J Attic is insulated and air sealed j
Walls are fully Insulated
92%AFUE heating system
Windows meet minimum efficiency standards '
II
7 ACHIEVED j ACTION NEEDED COST($) REBATE($)
j Replace your water heater with power vent or 1250-2000 70-100
11 direct vent model
Install continuous indoor ventilation 700-900 -
f _
ACHIEVED ACTION NEEDED
Efficient lighting
Programmable Thermostat
If you complete all of the items listed under"Action Needed"your home will qualify for Energy Fit Homes.Please see the report for
additional information.
212 3rd Ave N Minneapolis,MN For Questions:612-2442484
http:ihvww.mncee.org abaeten@'nncee.org
Page 35 of 1V618
Results and RecommendationsENERGY FITNESS PLAN
' ATTIC INSULATION AND AIR SEALING:
Attic Insulation:You have sufficient insulation in your attic.
Air Sealing:Blower door test result:1112 cfm50 at 1635 sq.ft.
Congratulations) your attic is sufficiently air sealed and insulated.
WALL INSULATION:
Sidewrall:You have 3.5 inches of FG batt in your walls for an R-value of 11.0.
Congratulationsl your walls are fully insulated
HEATING SYSTEM:
Type:Forced Air Furnace
Venting:Sealed
Assumed Efficency(AFUE):92%
Model Year.2006;average life is 20 years
Combustion Safety Test Result: N/A
Recommendation: When it's time to replace your furnace,choose a minimum 95%Annual Fuel
Utilization Etclency(AFUE)model equipped with an Electronically Commutated Motor(ECM).If you
decide to replace soon,be sure to take advantage of current rebates outlined In the rebate table below.
WINDOWS:
Window replacement is not recommended because this is not a cost effective upgrade based on energy savings
alone.
CENTRAL AIR CONDITIONING:
Assumed Efficency(SEER):11
Estimated Age: 10-20 years old;average life is 20 years
Recommendation:Maintaining your cooling system by cleaning and making sure the refrigerant is fully
charged will increase the life of your system and help you save energy on your summer electric bill.
Schedule this maintenance work by asking for a clean and tune of your central AIC system with an HVAC
contractor.
When it's time to replace your Central AIC,choose a minimum 16 Seasonal Energy Efficiency Rating
(SEER)model.If you decide to replace soon,be sure to take advantage of current rebates outlined in the
rebate table below.
WATER HEATER:
Type:Gas
Venting:Natural Draft
Model Year:1998;average life is 10-12 years
Combustion Safety Test Result: Failed test(s);refer to combustion safety information below for details.
Recommendation:Replace with Energy Star power vent or direct vent model
(SOME ENERGY8RS/A6'
amPage 36 of 102
XcelEmW . Energy
Results and Recommendations IV ENERGY FITNESS PLAN
COMBUSTION SAFETY:
Carbon Monoxide(CO)Test:
Furnace:N/A
Water Heater:Passed
Combustion Spillage:
Furnace:N/A
Water Heater:Failed worst case testing
Refer to the Appliance Combustion Safety Rctice handout provided by the home visit crew for more information
on results above.
Recommendation:
Water heater: Replace with Energy Star power vent or direct vent model,or address worst case
spillage.
Natural Draft Equipment: Your water heater has natural draft venting. This type of venting can allow
combustion gasses to spill back into your home during operation. The potential for this can also
increase after insulation and/or air sealing work are performed.Replacing the equipment with a
power vent or sealed combustion model is the safest way to reduce the potential for combustion
masses entering yoow home.If you choose not to replace the equipment,a spill alarm can be added to
the equipment to provide you peace of mind by alerting you if combustion gas spillage occurs.Refer
to the Appliance Combustion Safety handout provided by your home visit crew for more Information.
VENTILATION:
Indoor mechanical ventilation is recommended for your home.
_Recommendation:Add a controlled source of fresh air for your home by installing mechanical
ventilation.Mechanical ventilation,such as a continuously running bath exhaust fan,can improve your
Indoor air quality by removing pollutants and reducing excess moisture,which can lead to durability
issues for your home as well as health issues for its occupants.If adding an exhaust fan,the suggested
continuous flow rate for your home Is 25 cubic feet per minute.Refer to the ventilation handout provided
by the home visit crew for more information.
INSTALLED IN YOUR HOME TODAY NUMBER
LED Bulbs 20
Set Back Hot Water Heater Temperature 1
Pipe Insulation 2
Water Heater Blanket 1
Threshold Adjustment t
N0 8 ENERG SQ "
Page 37 of 102
XcelEnergy
Results and Recommendations PF ENERGY FITNESS PLAN
Congratulations on your commitment to saving energy in your home!You have pledged to do the
following actions:
o Turn off lights behind you.Why pay for electricity you're not using?Reduce wasted electricity by turning
off lights when you leave the room!
m Wash full loads of clothes in cold water.Washing clothes in cold water can save up to$85 pQr year`
and can also help preserve your clothing!
Stop Phantom load leaks in your home.Unplug electronics or use a power strip to turn them off when
not it use.Phantom loads cost our nation over$4 billion a year in wasted electricityl
o Choose Energy Star when replacing major appliances.When its time to get new appliances
(especially dishwashers,clothes washers,and refrigerators)purchase an ENERGY STAR model.For the
maximum energy savings,consider purchasing an ENERGY STAR"Most Efficient"model,which
represents the leadin3 edge in appliance efficiency.
Refer a friend or family member.Help your friends and family save energy in their homes by letting them
know about the Home Energy Squad Enhanced program!
o Call our Energy Advisors for help with next steps and to schedule work. Guidance on next steps
including our Energy Advisors comact information can be found on your quote.
MAI Energy Challenge.Find additonal ideas for actions you can take to save energy at the Minnesota Energy
Challenge website:www.mnenergychallenge.org
`Savings estimates are based on an average Minnesota home.
File for rebates once work is complete. You may qualify for the following rebates:
E8ATE (AMOUNT NOTE
$200 for 95%- File for rebates within 90 days of completing work.Submit paid
95.9%AFUE invoices to Xcel Energy along with the rebate application.
Xcel Energy Furnace furnace;$300
for 96%-96.9$ See Xcel Energy's website for complete details.
AFUE;$400 for Or,call our Energy Advisor at 612-244-2484.
97%+AFUE
Gas furnace must be equipped with an Electronically
Xcel Energy ECM Fan $100 Commutated Motor(ECM);
See Xcel Energy's website for complete details.
Or,call our Energy Advisor at 612-244-2484.
$75 for.67-.69 File for rebates within 90 days of completing work.Submit paid
EF;$150 for invoices to Xcel Energy along with the rebate application.
Xcel Energy Water Heater .70-.89 EF;
$250 for.90+ See Xcel Energy's website for complete details.
EF Or,call our Energy Advisor at 612-244-2484.
$150 for 13-14.9
SEER;$350 for File for rebates within 90 days of completing work.Submit paid
Xcel Energy Air Conditioner/Air 15-15.9 Invoices to Xcel Energy along with the rebate application.
Source Heat Pump SEER/12.5-12.9
EER;$450 for See Xcel Energy's website for complete details:
16+SEER/13+ Or,call our Energy Advisor at 612-244-2484.
EER
TOTAL REBATES: J$1,200
NoNIB EIVERGYbN'UAN'
Page 38 of 102
XeelFnerw
Results and Recommendations VV ENERGY FITNESS PLAN
Energy Fit Homes is a certificate program that provides an indicator of basic home energy efficiency.It is
customized for existing homes and focuses on energy efficient upgrades that are cost-effective and will deliver
improved comfort that everyone can enjoy.It may also provide value at the time of sale and assure a potential
homebuyer that they are purchasing an energy efficient home.To receive the certificate,complete the
recommended actions as lisied on the Energy Fitness Plan and submit a completed application.If you are
interested in learning more about Energy Fit Homes,visit our website at mnenergyfit.org or call 612-335-3483.
i
HONK KNERGYSOUAW
Page 39 of 102
XWEnergy. CenderPbli►L
Enemy
Resuits and Recommendations PF ENERGY FITNESS PLAN
1:Exposed rim joist in basement
s
I
IR Image Normal Image
notes:
Cold Wr starting to move through fibgerglass batt currently in nm foist-replace with foam board
insulation and caulk around all four sides to create insulated and air sealed space
2:utility room exterior door
i e
JIM
f
IR Image Normal Image
notes:
Air leaking from corners and threshold of door,panels show poor insulaJon of door-plastic wrap if not
using,eventually replace with insulated door
NOIYD?�SUERGYERr&�®"
Page 40 of 102
xee1 ErWW
Results and Recommendations ENERGY FITNESS PLAN
3:Basement living room window
i'
-44;;n'I
I
IR Image Normal Image
notes:
Cold air leaking from seams of Windoves and window trim-caulk with clear silicone caulk
4:Basement living room door
i
a`
IR Image Normal Image
notes:
Air leaking from under threshold and trim on corner of door-caulk to seal
r
HER
�_ n
NOME 61ERGYBDDAD'
Page 41 of 102
7.XcelEnergy E=V
Results and Recommendations ENERGY FITNESS PLAN
Op
5:Bedroom window
-----------------------
NI
I
r
I
IR Image Normal Image
notes:
Air leaking from around trim work-seal along seam with caulk
6:Bedroom window
I
I
a
IR Image Normal Image
nates:
Air leaking where pane of glass meets frame of window-caulk with clear caulk
aN
Z$
,�Xceffim y ;CaftPi 6X Page 42 of 102
Results and Recommendations ® ENERGY FITNESS PLAN
7:Bathroom window
a
i
d
IR Image Normal Image
notes:
Air leaking where lower sash meets sill,not a tight=it-plastic wrap window for winter or use rope caulk
to seal up specific seams for winter
8:Sliding door
r
,I
1
IR Image Normal Image
notes:
Air leaking from trim of door and trim near lower right comer-use clear caulk to seal
I.
HOME ENEROYSN 'O
cmzbP bt Page 43 of 102
'�XcelEnwW E-W
Results and Recommendations ® ENERGY FITNESS PLAN
9:Sliding door
9
i
®�i u
IR Image Normal Image
notes:
Air leaking from seam where window side of door fits into frame-seal with caulk
ei WERSYseuAm' 1
Page 44 of 102
fCenterRm6rt
it Homes Application
SSW
Making a home more energy efficient has one obvious benefit—cost savings.Your home simply uses less
energy than before,which can save you money on your energy bills. But energy efficiency is so much more
than cost savings and achieving this certification will increase your family's comfort, provide you peace of
mind that you are doing the right things for your home and your family, and may even help you recoup the
value of your investments when you are ready to sell your home.
Your home has qualified for Energy Fit Homes in the following categories:
Energy Upgrades
7 Walls are fully insulated
10 Attic is air sealed and insulated
❑✓ Windows meet minimum efficiency standards.
92% AFUE heating system
Efficient Products
0 Programmable thermostat
�✓. Efficient lighting
The following improvements must be completed to achieve the Energy Fit Homes certification.
Health&Safety:
Water Heater: Due to worst case spillage test failure a power-vent or direct-vent water
heater is required.
Submit paid invoice that states the water heater venting type with this application.
Ventilation: Continuous indoor mechanical ventilation is required. Refer to the ventilation
handout provided by the home visit crew for more information.
Submit paid invoice with fan specification sheet or fan manufacturer and model number with
this application.
Page 45 of 102
Please submit signed application and required invoices using the information below:
E-mail: energyadvsior@mncee.org
Mail: Center for Energy and Environment
212 3rd Ave N, Ste 560
Minneapolis, MN 55401
Questions? Contact CEE at 612-244-2484
Signature:_ Date:
By signing this form CUSTOMEF reprssen?s that CUSTOMER is the property owner, and hereby authorizes the Center for Energy and
Environment (CEE)or Neighborhood Energy Connection (NEC)to validate that the property meets the requirements fr,r certification as an
Energy Fill Home. CUSTOMER ac>:nowledges that CEE and NEC accept no responsibility for any implied guarantees of such;edification,
including health, safety or energy performance. CUSTOMER acknowledges that property address may be put on a publically-available map
of Energy Fit Home certified properties. CUS-iOMER hereby waives ana releases CEE and NEC, its officers, directors, employees, and
agents from any and all liability to CUSTOMER, and CUSTOMER's spouse, children, heirs, next of kin, assigns or personal representatives,
or other occupants for any costs, liens, expenses, fees, losses, causes of action, damages, or claims relating to or arising out of this
certification and maintenance of the equipment or upgrades recommended as part of the certification, including bait not limited to, any
claims for personal or bodily injury, death or property damage.
Page 46 of 102
HOUSE VEN
GUIDE 1
r,,
Better insulation is a smart way to cut energy waste,just be sure to properly ventilate your home too.
Indoor pollutants, moisture, and odors naturally build up inside a home over time from daily activities like
cooking and bathing. Homes with well-sealed attics and wall spaces may need a mechanical ventilation
system to remove them.
One common form of ventilation is a continuously running
bath fan. The fan pulls polluted air from the house and blows
it outside through ductwork. However, keep in mind noisy old
bath fans are not usually rated for continuous operation and
may need to be replaced.
In addition to these tips, your Energy Fitness Plan describes
your specific ventilation needs.
• Remove indoor pollutants, especially after you insulate and air seal your home.
e Bring in fresh air for healthier indoor air quality.
ryl
e Prevent mold and physical damage by controlling moisture and humidity levels. Nagri C
w1-h-s
• Get an Energy Star fan that is designed for continuous operation.
• Note that your fan will toggle between low and high speeds, but will not turn off.
• Because you run it all the time, you can set your fan at a quieter constant speed.
e j Installation costs range from $50041,200 while operating the fan tip g typically runs$7-$15 per year.
Your savings from improved air sealing and insulation are much greater than the small amount of heated or
cooled air the fan removes from the home, and the benefits of healthier indoor air quality outweigh
additional operational costs.
Continuous fans can also be installed in the kitchen instead of a bathroom, or you might consider a heat(or
energy) recovery ventilator, which uses your home's furnace/AC ducts and provides good filtration for
allergens — although such systems typically run two to four times more expensive to install than a
continuous running bath fan.
• ask questions or • • your • options,
contact • Advisor
b 612.244.2484 or energyadvisor@mncee.orgi
cee
Center for Energy and Environment
Page 47 of 102
CENTER FORENERGY AND ENVIRONMENT PAUL MN
A •'
DRAFTY WINDOWS?
INSULATE YOUR ATTIC.
Windows are expensive, and replacing them won't fix the real problem upstairs. Insulating your attic is
generally cheaper and goes further to fix uncomfortable drafts once and for all.
During winter, heat rises and escapes through leaky attics. Because hot air is escaping out the top, new cold
air is pulled in through smaller openings around windows and doors.
But if you insulate and air seal your attic the heated air will be trapped in r' oe rR rn your
"�
the livingspace where it belongs — which means a lot less room for cold
air to come in, putting a stop to annoying drafts. As energyefficiency pros,
.. not recommend expensive
window a
After you've insulated and sealed your attic, you might consider working are
so small,
on your draftiest windows and doors. First, try repairing leaks on your own: could take over ` years to
' recoup r you'd .e • .
• Add storm windows: Stops leaks and improves comfort up to 20%, windows
— and you
depending on window type. have better options
• Add weatherstripping and caulk: Caulk helps with stationary wall or cost less and - more
frame gaps of less than 1/4". Weatherstripping is best for things that
move, such as operable doors and windows.
• Window curtains, shades, or shutters can help cut heat loss in winter and heat gain in the summer, but
window treatments alone aren't effective at stopping air leaks and drafts.
Reconditioning is generally cheaper than replacement. Contractors can help:
• Insulate the spaces between the existing window frame and house framing
• Install new window tracks (jamb liners)
• Groove out the sides of the existing window sashes to accept the new jamb liners
• Install new weather-stripping at the top, middle and bottom of existing sashes
• Replace loose putty or broken glass
• Existing windows are made to tilt-in for easy cleaning
Reconditioning usually runs about$250-$350 per window, depending on size and type.
If your insulated glass windows are foggy or have condensation between the two panes, the seals between the
panes may have failed. If the frame is still in good condition, you may not need to replace the entire window,
but may instead be able to replace just the insulated glass replaced for about a third of the cost. Many window
companies can repair or replace cracks too.
fpsomwTor help finding a suitabler or rr • r
energycall CEE's advisors 651 -789-5700.
cee
Center for Energy and Environment
PaROP
8 of 102
FORCENTER r -r r
FINANCING MADE EASY
................. . .......
Financing can help you take action on your Energy
Fitness Plan and move forward on your insulation
c
quote.
The Lending Center at the Center for Energy and
- i-
Environ
ment s ex �.
pert loan officers and online
application make every step on the road to home
improvement as simple as possible. �!F4
For nearly 40 years, we have provided Minnesotans
with personable and professional loan services. Visit
mnlendingcenter.org for a full list of current offerings,
including a competitive array of low-interest loans for
energy and home improvement projects.
i 2.99% fixed interest rate for Home Energy Squad and energy audit program participants (otherwise
4.99%). Windows always financed at 4.99%.
• No income limits
i Terms up to 120 months
• Finance$1,000 - $20,000 worth of qualifying energy work
Several cities and counties throughout the state offer additional low-interest financing options for
residents. Contact the Lending Center today to find the best loan option for you.
ONTACT THE LENDfNG CENTER TODAY
. • a
i i or mnlendingcenterorg
Lending Center
Center for Energy and Environment
__XFI ow
�,. o
2123RD AVENUE NORTH, MINNEAPOLIS,
55401 •
i p
,1
LED DIMMER DISCLAIMER
Ing
While most LED lights are dimmable, a common complaint is hearing a buzzing sound or seeing a slight
flickering coming from the lights when they are dimmed. The cause is typically a compatibility issue
between the LED and the dimmer switch. Original dimmer switches were designed and tested with old
incandescent light technology, and seldom work well with
new style LED lights.
Most manufacturers now sell dimmer switches that are
designed to work with LED lights. CL dimmers are made by
Lutron and are designed to be compatible with LEDs. They
have a low-end trim adjustment that allows you to get the
best dimming range possible for your individual bulbs. CL
dimmers will eliminate the buzzing or flickering on most
brands of LEDs, but not all.
Electronic Low Voltage aka reverse g ( e se phase or trailing edge)
dimmers are designed for electronic (capacitive) loads like LEDs, while more expensive, they will always
eliminate any instance of buzzing or flickering.
For LEDs installed by the Home Energy Squad a list of compatible dimmers is available on the
manufacturers website. Please reference the light bulb's packaging for more info.
Note: EL V dimmers require a neutral wire to be present in the switch box.
r,
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cee
Ike, Center for Energy and Environment
d( CENTER FOR ENERGY AND ENVIRONMENT
55104 MNCEE.ORG
it AFTER
I,
P
THANK YOU FOR COMPLETING YOUR HOME ENERGY SQUAD VISIT
Three more ways CEE can help make your home "Energy Fit"
Dig into your Energy Fitness Plan with your energy advisor
CEE's cost-free Energy Advisor Service picks up right where your home visit leaves off. Our advisors
can prioritize your biggest opportunities for savings, and they'll be there to help every step of the way.
Your advisor can:
• Review and explain high-priority, high-impact projects recommended by your auditor.
• Compare quotes from contractors for projects like insulation work or heating system upgrades.
• Connect you and your qualifying projects to utility rebates - get paid to save energy!
Use the Energy Fitness Insulation Quote provided at your Home Energy Squad visit
We may have provided you a quote for insulating your attic and wall spaces during your home energy
visit. With this quote, an Energy Advisor can quickly and easily schedule your insulation work directly
with one of our rebate eligible contractors on your behalf.
Adding insulation is often the most cost-effective way to:
• Save energy,
• Lower your monthly utility bills, and
• Solve comfort problems like cold spots and ice dams.
Take advantage of nonprofit financing options
For nearly 40 years, CEE has provided Minnesotans statewide with nonprofit lending options. In addition
to projects that improve your Energy Fitness Score, we also offer loans for general construction and
remodeling.
Rates may vary depending on location and income qualifications. Completing a home energy visit
already gives you exclusive access to our Home Energy Loan at 2.99%. Visit mnlendingcenter.org to
learn more or apply online.
1
CONTACT YOUR
ENERGY
Review your Energy,fitness Plan with
612.244.2484 or energyadvisor@mncee.org
your advisor • questions!
cee
Center for Energy and Environment
Page 51 of 102 i
® A
f �
You can save as much as$180 in energy costs every year by programming your thermostat for comfort to
match your schedule.
The table below provides a starting point to adjust settings tailored to your daily routine.
Setting Time Temperature (heating) Temperature (cooping)
Wake 6:00 AM Less than 70°F At least 78°F
Day 8:OOAM Set back at least 89: Set up at least 7°F
Evening 6:00 PM Less than 70°F At least 78°F
Sleep 10:00 PM Set back at least 8°F Set up at least 7°F
When it's cold outside, turn down your thermostat to save heat energy. In the summer heat, turn up your
thermostat to save energy powering your AC.
• Anytime you're away from home or asleep, set your thermostat to save energy.
• Use your thermostat's "hold" button to override your standard settings and set it to save energy when
you're away for several days.
• Avoid overriding your settings moment by moment — it's more efficient to program new standard
settings to better meet your needs when your schedule or comfort changes.
If you're a CenterPoint Energy customer you can earn a rebate by simply installing a programmable(or
"smart") thermostat. Be sure to install a rebate-eligible model, whether you hire a contractor or do it your-
self. See CenterPoint Energy's website for details.
cee
Center for Energy and Fnuironrnent
Page 52 of 102
Appliance Combustion Safety
An Energy Technician from the Center for Energy and Environment(CEE)has tested your natural gas space heating and/or
water heating appliances for carbon monoxide(CO)and combustion gas spillage*. This handout is being provided to you
because you have combustion equipment in your home which has natura!draft venting. This type of venting can allow
combustion gasses to spill back into the home during operation.The potential for this can also increase after insulation and/or
air sealing work are performed. If not replacing the equipment,a spill alarm can be added to provide you peace of mind by
alerting you if this occurs. Refer to the reverse side of this handout for more information on purchasing a spill alarm.
Appliances that fail CO and/or combustion gas spillage tests should be addressed by a qualified,licensed technician, in
accordance with manufacturer's instructions and in conformity with local codes and regulations. You should not air seal or
insulate your home until the failure(s) is corrected.
Carbon Monoxide: Carbon monoxide is a colorless,odorless gas,exposure to which can be harmful or fatal. If your water
heater and/or furnace or boiler is producing high levels of carbon monoxide,this should be addressed immediately.
Combustion Gas Spillane: The combustion gas spillage test was performed under worst case depressurization conditions.
During a"worst case spillage test",the technician determines if the water heater and/or furnace or boiler will draft properly when
exhaust devices, including the kitchen fan and clothes dryer,in the home are operating simultaneously. As air is exhausted out
of the home by these devices,combustion gasses from the appliance(s)can spill back into the home,instead of being
exhausted up the chimney. The potential for this is also increased as the house is made tighter. In some cases,the appliance
may not draft properly even when all of the exhaust devices in the home are off,which means the spillage is occurring under
"natural conditions",or each time the appliance operates. This is a serious situation that should be addressed immediately.
Combustion gasses can contain harmful chemicals, including carbon monoxide. Combustion gas spillage can also result in
excess moisture entering the home which can provide an environment for biological growth and can also lead to serious home
durability issues.
The following are some common potential contributors to combustion gas spillage and possible options for addressing the issue:
Common Potential Contributors Possible Options
Exhaust Devices: • A"Vent-Rite Spill Alarm"may be installed on the
• High flow rate/cubic feet per minute(CFM)exhaust fan(s). appliance(s)to determine which exhaust device or
o High flow rate/CFM exhaust fans are often found combination of devices is contributing to the problem.
in the kitchen. • Reduce the air flow,disconnect the fan,or disconnect the
• Multiple exhaust fans and the clothes dryer being used fan and add an in-line exhaust fan with a lower CFM.
simultaneously. • Do not operate multiple exhaust devices simultaneously.
• Replace appliance(s)with a power vent or direct vent
model.
Combustion Vent System:
• Blockage • Call contractor to repair/modify venting.
• Undersized vent pipes • Replace appliance(s)with a power vent or direct vent
• Number of elbows model.
• Excessive vent length and/or limited rise
• Undersized liner/flue
Note: Other factors may contribute to excessive depressurization of the water heater and/or heating system area,resulting in combustion
gas spillage,and would require further diagnostics by a qualified technician.
Please note that while the CEE tests provide information on natural gas appliance combustion safety concerns,the tests are not
a comprehensive indoor air quality evaluation of your house. There may be other health and/or safety issues in your house that
were not detected by our evaluation.
*These tests were performed to the current standards and procedures designed solely for the use of CEE. The CEE combustion safety test complies with
the 2007 Minnesota State Building Code requirements for testing combustion appliances in existing homes(MN Rules,Chapter 1323,Section N1102.6).
'The results may vary from tests performed by other individuals or agencies.
Center for Enera and Environment e 212 Third Avenue North.Suite 560.Minneapolis.MN 55401 0 Nvww.mncee.org d 612-335-5858
Page 53 of 102
THIS PAGE INTENTIONALLY LEFT BLANK
Page 54 of 102
Oak Park Heights
Request for Council Action
Meeting Date: Tuesday March 13, 2018
Agenda Item : City Hall exterior LED light repair/replacement
Time Req. 1 Minutes
Agenda Placement: Consent
Originating Department/Requestor:Aly KegleL Public Works s Director
Requester's Signature
Action Requested: Authorize rein six 6 remaininiz original Cjjy Hall Wall Pack Li t
Fixtures.
Background/Justification(Please indicate any previous action has been taken or if other public
bodies have been advised).
See attached memo.
Page 55 of 102
City of Oak Park Heights
14168 Oak Park Blvd N.•Box 2007.Oak Park Heights,MN 55082•Phone(651)439-4439•Fax 439-0574
Memorandum
To: Eric Johnson,Administrator
Cc: Mayor and Council
From: Andrew Kegley, Public Works Director
Data 03/09/18
Re: Replace City Hall Exterior LED Wall Pac Light Fixtures
Two city hall parking lot lights and seven(7)exterior wall pack lights were recently repaired
and replaced due to failed LED light drivers.A LED light driver is an electrical device that
manages the amount of power fed to the LED lamp. The drivers in the City Hall parking lot
lights were replaced;however the drivers on the original exterior wall pack light fixtures are
not replaceable because they are tied in with the LED lamp itself to basically form a one
component fixture.
The exact reason for the fixture's driver failure is not known,but since the driver is an
electrical device,they can fail for a variety of reasons ranging from environmental causes like
extreme heat or cold,or overheating from power surges or could simply just malfunction from
normal use. The original wall pack light fixtures were developed early in the shift from
traditional lighting to LED fixtures and lasted about ten(10)years,requiring little to no
maintenance, which appears to be at or above standard. An electrician from Mercury Electric
reported that LED lighting technology is consistently improving and fixtures now should have
at least a fifteen(15)year life span that requires little to no maintenance.
Unfortunately the original wall pack light fixtures are no longer manufactured and
replacements are not available.After consulting with Chris Zeuli of Linner electric(Now a
division of Mercury Electric)the company recommended and provided new full cut off LED
wall packs to replace the failed fixtures. This work is complete.
Page 56 of 102
Six(6) of the original wall pack light fixtures remain on the City Hall building and on the
public works garage. The remaining original fixtures have not yet failed,but a couple of them
seem to be dimming, which is an indication that the driver is failinL7. Further_ the new stvle k
more compact and brighter than the original fixtures and although Linner Electric did move a
couple fixtures to keep some consistency in appearance between the new model and the
original,the new fixtures do not match the old.At this point we could replace the remaining
six (6)original wall pack light fixtures at one time,or replace them one by one as they fail.
The cost for replacing the failed drivers and wall pack fixtures to date . $4,530.86. Replacing
the remaining six(6)fixtures at once will cost an additional estimat $2,580. The benefits to
replacing the remaining wall pack fixtures at the same time is cost savings on one vs. separate
service calls to replace failed lights as well as having consistent light fixtures on the City hall
buildings. This is recommended. Replacing the fixtures would be funded using the City Hall
Improvements fund which has an ample balance or as directed by the finance director.
7, 11 V
z
Page 57 of 102
LINNER ELECTRIC CO., INC.
14580 61st St. Ct. N., Stillwater, MN 55082
(651) 439-4072
PROPOSAL
City of Oak Park Heights March 5th,2018
14168 Oak Park Blvd.
Oak Park Heights, MN 55082
Job: City Hall
Replace bad LED wall pack lights on the 430.00 2580.00
building 0
(lift for part of the work)
TOTAL $2,580.00
Dick Zeuli
Note: All lights are LED cut down style to meet city ordinace.
Page 58 of 102
Invoice
�Vm � Date Invoice#
Lipner Electric group 2/28/2018 9393
Bill To Billing Address:
PO Box 13
City of Oak Park Heights Stillwater,MN 55082
14168 Oak Park Blvd,N. P:651-4394072
PO Box 2007 r:651-3440811
Oak Park Heights,MN 55082
resjni t um o B
Email us at f �:t'EZa ac( s�.ep � �:: �e^�es�d�
info@mercur/•.�Ic-crrl,,-com Net 30 3/30/2018 L
OAK1800 Andy K
Description Rate JV'�L'ksA't
4.5 Hourly rate for electrical services provided on February 23,2018. Check public work lighting 113.00 508.50
not working and replace bad drivers in LED street lights. Leave extra drivers in city hall for
future. (these drivers are special order so you should now have a couple extra in the
basement.)
A lift was needed for the work.
Total charge for materials used on this project 1,514.66
1� .
1�
New name,same great electricians and service that you've come to expect from Linner Electric.
Please update your records with our new billing address.Thank you for your business!
For invoices under$500,you may pay with: VISA Exp.Date
3 ;h $2,023.16
Gard CSC# $0.00
Payments/Credits
Printed Name On Card:
Signature: $2,023.16
A finance charge of 1MAPR wilt be added to balances over 30 days past due. Thank you for your business!
Page 59 of 102
1
Invoice
Date invoice#
Liner Electric group 3/5/2018 940'
Billing Address:
PO Box 13
City of Oak Park Heights Stillwater.MN 55082
14168 Oak Park Blvd.N.
PO Box 2007 P:651-439-4072
Oak Park Heights,MN 55082 F:651-344-0811
F-mal us a! F erms Dile Daie Job Numb& Requested By
i�fa TErclur�-e!ectric.com
Net 30 4/4/2018 L OAK1801 Andy K
G Hourly rate for electrical services provided on March 2,2018. Replace all elective LED wall 113.00
lights on the public works building. Used G new LED cut off wall lights. G78.00
Lift was needed to reach the lights.
Total charge for materials used on this project
1,829.70
n
C
`1
New name,same great electricians and service that you've come to expect from Liner Electric.
Please update your records with our new billing address.'Thank you for your business!
For invoices under$500,you may pay with: VISA
Exp.Date
Card# _ CSC#_ _
Payments/Credits $0•00
Printed Name on Card:
$2,507.70
A finance charge of 18°/.APR will be added to balances ower 3p darys past due.
Thank you for your business!
Page 60 of 102
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DESCRIPTION New LED ��X a� L u m a r k
The patented Lumark Crosstour" LED Wall Pack Series of luminaries ,
provides an architectural style with super bright,energy efficient LEDs.
The low-profile,rugged die-cast aluminum construction,universal back
box,stainless steel hardware along with a sealed and gasketed optical
compartment make the Crosstour impervious to contaminants.The
Crosstour wall luminaire is ideal for walUsurface,inverted mount for
fagade/canopy illumination,post/bollard,site lighting,floodlight and low
level pathway illumination including stairs.Typical applications include
building entrances,multi-use facilities,apartment buildings,institutions,
schools,stairways and loading docks test.
SPECIFICATION FEATURES
Construction Optical electrical wiring compartment.
Slim,low-profile LED design Silicone sealed optical LED Integral LED electronic driver
with rugged one-piece,die-cast chamber incorporates a custom incorporates surge protection.120-
aluminum hinged removable door engineered mirrored anodized 277V 50/60Hz or 347V 60Hz models.
and back box.Matching housing reflector providing high-efficiency
styles incorporate both a small illumination.Optical assembly Finish
and medium design.The small includes impact-resistant Crosstour is protected with a
housing is available in 12W,18W tempered glass and meets IESNA Super durable TGIC carbon
and 26W. The medium housing requirements for full cutoff bronze or summit white polyester
is available in the 38W model. compliance.Available in seven powder coat paint.Super durable
Patented secure lock hinge feature lumen packages;5000K,4000K and TGIC powder coat paint finishes
allows for safe and easy tool-less 3000K CCT. withstand extreme climate -
electrical connections with the conditions while providing optimal
supplied push-in connectors.Back Electrical color and gloss retention of the
box includes three half-inch,NPT LED driver is mounted to the installed life. XTOR
threaded conduit entry points.The die-cast housing for optimal heat CROSSTO U R LED
universal back box supports both sinking.LED thermal management Warranty
the small and medium forms and system incorporates both Five-year warranty.
mounts to standard 3-1/2"to 4" conduction and natural convection
round and octagonal,4"square, to transfer heat rapidly away from
single gang and masonry junction the LED source.12W,18W,26W APPLICATIONS:
boxes.Key hole gasket allows and 38W series operate in-40°C to WALL/SURFACE
for adaptation to junction box or 40°C[-40°F to 104'F].High ambient POST/BOLLARD
wall.External fin design extracts 50°C models available.Crosstour LOW LEVEL
heat from the fixture surface.One- luminaires maintain greater than FLOODLIGHT
piece silicone gasket seals door 89%of initial light output after INVERTED
and back box.Minimum 5"wide 72,000 hours of operation.Three SITE LIGHTING
pole for site lighting application. half-inch NPT threaded conduit
Not recommended for car wash entry points allow for thru-branch
applications. wiring.Back box is an authorized
DIMENSIONS ESCUTCHEON PLATES
To 0 0 0
WIN,Iaw,a6w
63/4'[171mm]
38W
8"[203mm1 10" '
(254mm)
2OIni
Ll
0
CERTIFICATION DATA
UUcUL Wet Location Listed
17-1/2'[445mm1 LM79/LM90 Compliant
ROHS Compliant
I 0 o ADA Compliant
NOM
iant Models
L_12W 18W,26W `12W,16W,26W P661 gr seed Protection Rated
5314"[146mml 33/8'[92mml Title 24 Compliant
6-5/8"81111 1 4"[38W DesignUghts Consortium`QualiRed'
[16TECHNICAL DATA
17-1/2" 40°C Maximum Ambient Temperature
0 0 1445mm] External Supply Wiring 90"C Minimum
EPA
Effective Pro]ected Area(Sq.FQ:
XTORIB,XT0112101,XTOR3B=0.34
XTOR4B=0.45
0 o
SHIPPING DATA:
L-10'[254mm] Approximate Net Weight:
3.7—5.25 lbs.[1.7—2A kgs.]
ART•N TD514013EN
Awnhilgis csW d*%* •www.dedgnlights.org Page 64 of t00-07-2512:21:59
XTOR CROSSTOUR LED
POWER AND LUMENS BY FIXTURE MODEL
LED lrrlormation XTORIB XTORIB•W XMRIB-Y XTOM XiOMB-W XTOR29-Y xroM XTOR3B-W XTOR96-Y XTOR4B XTON&W XTOR4B-Y
Delivered Lumens
(Wall Mount) 1,418 1,396 1,327 2,135 2,103 1,997 2,751 2,710 2.575 4,269 4,205 3,995
Delivered Lumens
(Ninth Flood 1,005 990 940 IA95 1A72 1,399 2,099 2,DBB 1,965 3,168 3,121 2,965
Accessory Kit)'
B.U.G.Rating S B1-U0-GO B1-UD-GO 61-U0-G0 B1-U0-G0 B1-U0-G0 81-UO-GO B7-U"O Bl-UO-GO B7-U0-G0 B2410-GO 112-U"o 62-UO-GO
CCT(Kelvin) 51000 4,000 3,000 51000 4,000 3,000 5,000 4,000 3,000 5,000 4,000 3,000
CRI(Color 70 70 70 70 70 70 70 70 70 70 70 70
Rendedng indea)
Polder
Consumption 12W 12W 12W 18W 18W 18W 26W 26W 26W 38W 38W 38W
M►attsl
N01F&1 Includes shield and visor.2 B.U.G.Rating does not apply to floodlighting.
LUMEN MAINTENANCE
100
Ambieirt TM-21 Lumen Theoretical L70
TeMaintenance r .1
mpera4rre (72,000 Hours) (Hours) 95 .;
XTORIB Model
25°C >9096 255,000 �
40°C >89% 234,000 90 ~ ��
501C >88% 216,000 _
XTOR2B Model 85
25°C >89% 240,000 E
40°C >88% 212,000 80
50°C >87% 196,000
XTOR36 Model 75
0 10 20 30 40 50 60 70 Bo 90 100
25°C >89% 240,000 Hours(Thousands) 50°C
40°C >88% 212,000 40°C
50°C >87% 196,000 25°C
XTOR40 Model
I E EJ
>89% 222,000
>97% 198,000
>87% 184,000
CURRENT DRAW
Model Settes
---
XTOR187 XTOR28 XTOR3B XTOR4B
120V 0.103A 0.15A 0.22A 0.34A
208V O.06DA 0.09A 0.13A 0.17A
240V 0.053A O.OBA 0.11A 0.17A
277V 0.048A 0.07A O.tOA 0.15A
347V 0.039A O.06A 0.082A 0.12A
Eaton1121 Highway
74 South
FJ•T* ons and
R.7704884achuse 800 GA 30289 dimensions subject to TD514013EN
Pbavrleg&au Wod4wo www.eston.com/lighting change without notice. Page 6;R'd"0912:21:59
e
XTOR CROSSTOUR LED
ORDERING INFORMATION
Sample Number.XTORIB-W-WT-PCI
Series' LED Kelvin Color Housing Color OpdonD(Add as Suffix) Accessories(Order Separately)
XTORIB=Small Door,12W [Blank]=Bright White IBlankkCarbon Bronze PC7=Photocardrol 120V• WG/XTOR=Wire Guard a
XTOR26=Small Door,18W (Standard),5000K (Standard) PCZ=Photocontrol 208-277V;' XTORFLD-KNC=KnucIde Floodlight Kit'
XTOR3B--Small Door,26W W=Neutral White,4000K WT=Summit White 347V=347V4 XTORFLD-TRN=Trunnion Floodlight Kit'
XTOR411=Medium Door,39W Y--Warm White,3000K BK--Black HA=500C High Ambient 4 XTORFLD-KNC-Wi=Knuckle Floodlight Kit,Summit White°
BL-Bronze XTORFLD-TRN-Wi=Trunnion Floodlight Kit,Summit White a
AP=Grey EWP/XTOIL--Escutcheon Wall Plate,Carbon Bronze
GM=Graphite Metallic EWP/XTOR-WT=Escutcheon Wall Plate,Summit White
DP-Dark Platinum
NOTES.
1.DsslgnLighls Consordtan°Ouasfled and classified for bath DLC Standard and DLC Pro.lum,refarto wwwdesignlights,org Tor details.
2.Photocontrols are factory installed.
3.Order PC2 for 347V models.
4.Thru-branch wiring not available with HA option or with 347V.XTOR311 not available with HA and 347V or 120V combination.
5,Wire guard for wall/surface mount Not for use with floodlight kit wasteary.
6 Floodlight kit aroassory supplied with knuckle(KNC)or trunnion(TRN)base,small and large top visors and small and large impact shields.
STOCK ORDERING INFORMATION
12W Series 16W Series 26W Series 38W Series
XTORIB=12W,5000K,Carbon Bronze XTORIB=18W,5000K,Carbon Bronze XTOR30=26W,5000K,Carbon Bronze XTOR4B=38W,5000K,Carbon Bronze
XTORIB-WT=12W,5000K,Summit White XTORIB-W=18W,4000K,Carbon Bronze XTORIB-W=26W,4000K,Carbon Bronze XTOR46-W=38W,4000K,Carbon Bronze
XTORIB-PCI=12W,5000K,120V PC, XTOR26-WT=1SW,5000K,Summit White XTOR3S-WT=26W,5000K,Summit White XTOR4B-WT=38W,5000K,Summit White
Carbon Bronze
XTORIB-W=12W,4000K,Carbon Bronze XTORIB-PC1=18W,5000K,120V PC, XTORIB-PC1=26W,5000K,120V PC, XTOR4B-PCI=38W,5000K,120V PC,Carbon
Carbon Bronze Carbon Bronze Bronze
XTORIB-W-PCI=12W,4000K,120V PC, XTORIB-W-PCI=18W 4000K,120V PC, FXTOR4B-W-PCI=38W,4000K,120V PC,
Carbon Bronze Carbon Bronze Carbon Bronze
Enron
1121 Highway 74 South
Peachtree City,GA 30269 Specifications and
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Oak Park Heights
Request for Council Action
Meeting Date February 13'k 2018
Time Required: 5 Minutes
Agenda Item Title: Norrell Ave. & STH 36 Frontage Road Study WCCDA Grant
Application
Agenda Placement New Business
Originating Department/Req or: ric Johnson Ci Administrator
Requester's Signature
Action Requested Disc ion Possible Action
The Washington County Community Development Authority(WCCDA)does have some limited grant funding
available to assist communities in funding pre-development costs—such as concept plans, roadway layouts.
Accordingly,such fund could be used to offset the costs planned to be incurred by the City for the STANTEC
study for the Norrell Ave. redevelopment as was approved by the City Council on Feb 27th for $22,850;
however other site planning or layouts that might be useful in developing as well which could push the total
costs to$30,000+/-.
The WCCDA could be requested to fund$9,500 of this amount; if successful would reduce the City's
costs.
The application is straightforward and has few reporting requirements that would require extensive time at
closeout. The City would be the first applicant for the use of this fund. To date, WCCDA staff met with City
Staff and the area owners and are knowledgeable about the concept.
If the Council is amenable to proceeding with an application, a formal Resolution is required and is
enclosed that should be adopted.
Page 67 of 102
RESOLUTION
A RESOLUTION AUTHORIZNG THE APPLICATION TO THE WASHINGTON COUNTY
COMMUNITY DEVELOPMENT AGENCY FOR GRANT FUNDING ASSOCIATED WITH
PRELIMINIARY REDEVELOPMENT AND CONCEPT STUDIES AT NORELL AVE AND 60TH
STREET.
WHEREAS,the City of has identified a proposed project within the City that meets the Washington County
Community Development Agency(CDA)Predevelopment Finance Fund's purposes and criteria with such
project being the study of redevelopment opportunities for the Norell Ave/601 Street intersection that is
targeted to improve access and encourage redevelopment of area properties;and
L '
,
GENERAL
-. ._ .,.. STUDY AREA ..
,
I ,
F
WHEREAS, the City has established that the property in consideration has been zoned and/or guided for
future development accordingly and the proposed project is a high priority of the City; and
WHEREAS,the City supports the proposed project scope of work that is estimated to not exceed$30,000
in out of pocket costs related to engineering and planning services and hereby supports the application to
the Predevelopment Finance Fund for an amount not to exceed$9,500;and
WHEREAS,the City has the legal authority to apply for financial assistance;and
WHEREAS, the City is supportive of enhancing economic development opportunities that will serve to
create jobs,enhance the tax base and improve the lives of area residents.
NOW THEREFORE BE IT RESOLVED that the City of approves the application for funding from the
Washington County CDA Predevelopment Finance Fund.
BE IT FURTHER RESOLVED that upon approval of its application by the Washington County CDA,the
City Administrator is hereby authorized to execute such agreements as are necessary to receive and use the
funding for the proposed project.
Passed by the City Council for the City of Oak Park Heights this 13th day of March, 2018
ATTEST: Mary McComber,Mayor
Eric Johnson, City Administrator
Page 68 of 102
WASHINGTON 7645 Currell Boulevard,Woodbury, MN 55125
COUNTY office:651-458-0936 fax:651-458-1696
Community
Development
Agency
WASHINGTON COUNTY CDA PREDEVELOPMENT FINANCE FUND
POLICY AND GUIDELINES
I. Purpose:
To provide predevelopment grants to cities, townships and local government
development authorities located in Washington County. These funds are intended to: 1)
increase the availability of shovel ready properties in the county; 2) provide opportunities
for our existing businesses to stay and grow here in Washington County; 3) spur new
business development and job opportunities in the County; 4) provide opportunities for
business diversity; 5) increased commercial and industrial market values within
Washington County, and 6) assist with removing blighted properties.
II. Maximum Grant Awards and Matching Requirements:
a. There will be two levels of grant funding. The small pool will include a
lower level of funding of grants totaling less than $10,000. The large pool
will include grant amounts between $10,000 and $40,000.
b. Grant amounts may not exceed $40,000 per year, per city, and must be a
$1 to$1 (CDA funds to local funds) match for grants of$10,000 or more
and .20 cents local to every$1 of CDA funds match for grants of less than
$10,000.
c. Applicants may use non-public funds as local match. In-kind
contributions shall not be considered a match.
III. Eligible Applicants:
Eligible applicants include cities and townships located in Washington County, and/or
their duly created economic development organizations or authorities that are enabled
under Minnesota Statutes are eligible to apply.
IV. General Program Parameters and Application Requirements:
a. Applicants must consult with CDA Economic Development Director prior
to the submission of an application to determine if the proposed request
would meet the intent and the criteria of the program.
b. The required application form will be provided upon request; however, a
detailed project narrative must accompany the application and must
address the following items in order to proceed to scoring:
L A description of the proposed activities for which the grant funds
will be utilized and a description of the expected development
including the anticipated types of businesses as a result of the
activities.
Page 69 of 102
ii. An analysis of how the proposed activities satisfy the criteria in
Section VII, including an analysis of why the property is not likely
to develop through the normal private sector development process
without the requested CDA funding.
iii. A sources and uses spreadsheet identifying the expenditures/uses
anticipated, including the purpose of the requested funds, and
identifying all sources of funds to pay for the proposed work,
including the matching funds. It must be documented that the
matching funds will be used for eligible activities.
iv. A project timeline describing when the requested activities is
proposed to occur, the timeline of subsequent activities including,
the timeline of anticipated development and the expected type(s)
of development.
v. A description of how the development is consistent with policies
and strategies of the local community comprehensive and/or other
economic development plan.
vi. A description of the benefits to the city and the county, including
but not limited to, a description of total anticipated jobs, wages,
the amount of new jobs, the level of private investment, the
change in commercial and industrial market values, and
anticipated indirect economic benefits.
vii. A description of how anticipated development interacts with the
local economy, existing businesses and suppliers and the
accessibility to local talent), and whether the anticipated
development diversifies the economic base of the community.
viii. A description of the level of local commitment to the development
of the property, including an explanation of previous or pending
public meetings.
c. Submission of a supporting resolution from the governing body of the
jurisdiction (template provided below).
d. The Washington County CDA reserves the right to award all or a portion
of the funds requested.
e. Applications will be accepted on a continual pipeline basis until all
available funds have been exhausted.
f. The general operating costs of an applicant may not be funded through
this grant or be used to fulfil matching requirements.
g. Two pools of funds are available:
i. The"Small Pool" is for grants of less than $10,000 and is awarded
by the Washington County CDA Economic Development Director.
1. The application will be reviewed and ranked in the order in
which it was received. A minimum of 60 points must be
scored in order to be funded from the Small Pool.
ii. The "Large Pool' is for grants ranging from $10,000 to$40,000
and is awarded by the Washington County CDA Board of
Commissioners.
1. The application will be reviewed and ranked in the order in
which it was received. Applications for the Large Pool will
be processed for the next available Board meeting. A
minimum of 60 points must be scored in order to be funded
from the Large Pool.
Page 70 of 102
2. Funds already expended on eligible activities within six
months of the date of application may be included in the
request and approved by the CDA Board.
h. Any CDA funded activities that are included in a MN Statutes Chapter 429
Assessment must be reimbursed to the Washington County CDA.
V. Eligible Activities:
a. The following activities are eligible for funding:
i. Environmental studies (including wetland studies, EAW, EIS and
AUAR studies, geotechnical, soil tests and feasibility studies)
ii. Site planning and design (including land use studies)
iii. Appraisals
iv. Survey work
v. Engineering studies including reports, drawings and water, sewer
and storm water feasibility studies
vi. TIF, Tax Abatement Analysis (i.e. TIF Plan) or other financial
incentives planning
vii. Other predevelopment activities as determined to be acceptable at
the discretion of the CDA Board of Directors.
b. It is anticipated that the above eligible activities will be aimed at
development or redevelopment of a blighted property, underutilized
property, creation or redevelopment of large acreage industrial/business
park, and/or difficult to develop or contaminated sites.
VI. Grant Distribution and Close Out:
a. Contracts must be executed and invoices or proof of payment submitted
to the CDA prior to release of any funds.
b. At the end of the grant period the grantee must provide a final report to
document:
L All grant activities have been completed;
ii. All funds received must have been expended; and
iii. A description of the outcome and copy of the study or activity paid
for by CDA funds.
c. The Washington County CDA reserves the right to terminate the grant
agreement if the proposed project is not making adequate progress.
VII. Funding Priorities and Scoring System:
a. If the application is complete and demonstrates compliance with the intent
and the criteria of the program, applications will be reviewed and ranked
in the order in which it was received based on the following competitive
criteria:
L Increase the Inventoryof Commercial and Industrial Shovel
Ready/Developable Properties. The application clearly
demonstrates that development on the subject parcel(s) is not
imminent, and also demonstrates that the request will allow
development to occur that may not otherwise occur. [up to 20
Maximum Points]
ii. Business Retention and Expansion. The application clearly
demonstrates that the request could allow for retention and/or
expansion of existing business. [up to 10 Maximum Points]
Page 71 of 102
iii. Opportunity for Business Diversity. The application clearly
demonstrates that the request could provide for different types of
businesses to be located in the community thereby strengthening
the diversity of the existing economy. [up to 10 Maximum Points]
iv. Removes Blighted Properties. The application clearly
demonstrates that the request will aid in removing blighted
properties that may be hindering economic investment. [up to 10
Maximum Points]
v. Economic Benefit. The application clearly demonstrates the
potential future impact/benefit on the local economy, as measured
through factors including but not limited to growth and/or projected
growth in commercial and industrial value, property taxes, and/or
the potential for new and/or retained livable wage jobs. [up to 40
Maximum Points]
vi. Increased Leverage. The applicant provides local matching
contributions in excess of the minimum requirements for the large
pool grant and small pool request requirements. [up to 10
Maximum Points]
b. Applications must be submitted electronically on the forms provided by
the CDA and will be accepted on a pipeline basis beginning March 1,
2018. Applications must be submitted electronically (.pdf file preferred) by
email to the CDA Economic Development Director.
VIII. Grant Agreement:
a. CDA staff will work with the Applicant and enter into a Grant Agreement.
This agreement will detail the terms and conditions of the grant and allow
for the release of funds to the grant recipient.
b. The grant agreement will require funds to be spent no later than
December 31, 2019.
c. The Grant Agreement must be fully executed by both parties no later than
December 31, 2018.
d. Waivers and extensions to any provision in the agreement requested by
the grantee will be considered on a case by case basis depending on the
merits of the request.
e. Grants will be paid on a reimbursement basis. Grantees will be required
to submit quarterly/semi-annual progress reports to the CDA when
requested.
Page 72 of 102
Oak Park Heights
Request for Council Action
Meeting Date March 13t ,2018
Time Required: 5 Minutes
Agenda Item Title: Possible Amendment City Ord 1401 —Wagon Vendors&Mobile Food
Units.
Agenda Placement New Busine
17
Originating Department/Reque t ohnson C' inistrator
Requester's Signature
Action Requested Discussion Possible Action
At the City Council's annual goal setting meeting held in January,the Council discussed the concepts of
amending City Ordinance 1401 so as to outline methods by which food trucks(mobile food units)could
more clearly operate in the City so as to serve special events where the general public may be in
attendance. Staff has prepared the enclosed Ordinance amendments to 1401 showing the proposed
changes.
In short,in most respects mobile food units were not permitted to serve the general public at oven to the
public functions. These proposed rules would now allow that to occur on a limited basis: Specifically,an
administrative approval could be secured when one food truck will be utilized;but will require City
Council approval when more than one unit is utilized and/or is located in the City for more than one day.
There would be a maximum allowance of 5 days for any one location per year.
As before,these rules do not apply to private catering events,such as a graduation party nor servicing a
private employer and their direct employees. These rules also do not apply to delivery services such as
Schwan's.
There are some necessary revisions to how the City separates"wagon vendors"from the use of"mobile
food units".Wagon Vendors are essentially the ice cream truck and such rules have not meaningfully
changed.
REQUESTED ACTION: If the Council believes these amendments are favorable,Staff would
prepare these for final adoption on March 271h following the required posting protocols.
Page 73 of 102
1401
f AN ORDINANCE REGULATING WAGON VENDORS, MOBILE FOOD UNITS AND
ESTABLISHING PERMIT FEES AND PROVIDING PENALTIES FOR VIOLATION.
THE CITY COUNCIL OF THE CITY OF OAK PARK HEIGHTS, WASHINGTON COUNTY,
MINNESOTA, DOES ORDAIN:
1401.01 Purpose and Intent and Definition(s).
This Ordinance is adopted for the purpose of protecting the public health, safety,
morals,comfort,convenience,and general welfare of the citizens of the City of Oak
Park Heights,by regulating the activities of mobile food units and wagon vendors an
the publie s#eets of-11- the City of Oak Park Heights. It
of tM9 oriffififfi-we to in any way�, --,
t��ta r r a a• ±u�
Ifeensifig fti, sale6111415-eed,but is deemed essential for the
Oak Park Heights City Council to require the issuance of a permit in order to control
the hours and routes of operation of vehicles dispensing or vending
confections and to assure that insurance and other safety requirements, as set forth
herein,have been complied with.
A "mobile food unit's is: (1) A self-contained food service operation located in a
readily movable motorized wheeled or towed vehicle that is readily movable without
disassembling and that is used to store re are display or serve food intended for
individual portion service: or (2) A mobile food unit as defined in Minnesota
Statutes, section 157.15 subdivision 9
A "wagon vendor" is a vehicle or trailer that solely dispenses confections and
novelties limited to prepackaged goods such as popcorn soft drinks and ice cream
1401.02 Permit Required.
A. No owner or operator of any vehicle which is used for the purpose of offering
for sale, dispensing or vending goods directly from such vehicle shall carry on such
dispensing or vending activity on the public streets of the City of Oak Park Heights
unless such vehicle is licensed by the State of Minnesota and unless the provisions of
this ordinance have been met. No other vehicle,trailer or mobile food unit -based
food sales other than as permitted in this Ordinance may operate in the City.A permit
shall be her required to assure compliance with the provisions of this Ordinance
for any mobile food unit or wagon vendor being used on the public streets for the
purpose of vendin or dispensing as aforesaid
B. This Ordinance shall not apply to persons using vehicles for the sole purposes
a 'delivery of packaged or prepared food or other prepared goods-. -tk4j*_*i d
ffem offering f"sale, a r services directly to homes or establishments where
1
Page 74 of 102
the goods are taken by the operator of the vehicle onto private or public property **€�ye__f
Previsions ef this Ofdinmee fer-any mebiie unit being used en the publie streets fe
dw Pompe. of'y fid: r-d' ti acw aforesaid.
C. A mobile food unit may operate on private property with the written consent
of the private property owner without the need for a city ermit for temporary private
catering purposes and serving only the owner(s) of the property and/or their
direct employees and shall not be open for nor engage in sales to the general public,
visitors to the site or to any other parry. Any private property owner may host up to
one mobile food unit at one time and sales to the general public are strictly prohibited
wee this section.
D. A public or private entity may permit the operation of a mobile food trucks)
on their pro e� for the purposes of serving the needs of a special event where the
general public may be present but shall first secure a permit from the City.
L If only one mobile food unit will be utilized for a special event this may be
approved administratively by the City with the property owner seeking such
permission not less than 10 calendar days prior to the event
ii. Any special event that desires operation of more than one mobile food unit(s)
and/or operates for more than one day the property owner shall first secure
permission from the City Council and shall make such application on forms
provided by the City not less than sixty calendar dUs prior to any event The
City Council may place restrictions and contingencies on such permit so as to
protect the general health safety and welfare of the community.
iii. In addition to any special event permitting regulations the City may permit
Lip to two (2) special events per calendar year (January through December)
where mobile food units will be located and totaling a maximum of five days
calculated either consecutively or staggered.
A mobile food unit may not operate on City property including within City Parks
without the prior written approval by the City-Eel. Mobile food units are
otherwise prohibited in all other locations and may not operate at large in the City or
on Cityright ofways. ,. ,,,, � p ,�� �_ ti.. _ � - � � �vd, .,: -''TCS
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Page 75 of 102
ED. Mobile feed units PAI), Serstion G of 14 01.02 and eper*_
F€. On lands zoned B-2 or B-4, private property owners may apply for a
temporary mobile food unit permit from the City for the placement of mobile food
units for the sole purposes of the sale of food items to the general public however
such operation must be exclusively operated by a IRS recognized 501 c.3 charitable
organization where a majority of all fiends collected are for the sole purposes of
directly benefitting such organization or its charitable purposes.:Food sales shall only
occur on Saturdays and Sundays between 10 am and 6 pm. No property may host
more than one mobile food unit at one time up to a total of ten(10)days per calendar
year.A separate permit shall be secured by the property owner from the City prior to
the commencement of any operation of a mobile food unit under this section. Proof
of the 501 c. 3 designation and liability insurance will be required.
All mobile food units must comply with all other County or State
requirements or laws relative to those respective agencies licensures and/or
inspections and all operators must be prepared to produce documentation of such
compliance while in operation.
H. At no time may alcoholic beverages be dispensed from a mobile food unit
without the written permission of the City Council and duly incorporated into an
issued and valid permit.
1401.03 Application for Permit.
A. Application for a wagon vendofls-any required permit shall be made to the
City Clerk on a form to be provided by the City. The application shall
describe the vehicle from which said vending operations will be carried on
and shall give the names of the persons interested in said business. It shall
describe the types of confections, food -or other goods which will be sold
from said vehicle.
B. The applicant shall also set forth the names of the insurers providing liability
coverage on the vehicle and the amount of coverage carried and shall contain
the proposed hours and routes of operation. The application shall be for a
specific vehicle and shall contain the name, signature and address of the
owner, a description of the vehicle including the serial number, the
Minnesota vehicle license number,the make and model of the vehicle, and
the number of the license issued by the Commissioner of Agriculture for the
sale of food.
1401.04 Permit Fee.
3
Page 76 of 102
I The applicant applying for a permit shall, before being issued a
permit, pay to the City Clerk such sum as shall be established by City Council
resolution. . The permit shall
be nontransferable.Mobile food unit permits shall be valid for specifically identified
and wagon vendor a44-permits will -_shall-be for a period of one year but and
shall expire on the 31 st day of December of each year.
1401.05 Wagon Vendors Permitted. Hours and Routes and Items Approved for Sale.
A. Wagon Vendors shall be required to first secure a CiV permit prior to
operating in the Cily. wagon Vendor may operate on right of ways subject to
the provisions found in 1401.05 B.
A:B No owner or operator issued a Wagon Vendor's permit for vending and
dispensing as aforesaid shall carry on such activities in the City of Oak Park
Heights except between the hours of 1:00 P.M. to 4:00 P.M. and 6:30 P.M. to
9:30 P.M. More than ten (10) days before the commencement of an-leis
operations,the applicant shall file with the Chief of Police a proposed route or
routes over which the vehicle will travel each day within the City. The applicant
shall follow such route while operating within the City. Proposed changes shall
be filed with the Chief of Police at least ten days in advance of making such
changes. If the Chief of Police shall disapprove of such routes,the applicant may
appeal the ruling of the Chief to the City Council for determination. Only such
routes shall be approved as will minimize the hazard to persons who may be
customers to such vehicle and which will minimize traffic difficulties which may
arise out of such operations. A Wagon Vendor may only sell confections and
novelties limited to prepackaged goods such as popcorn, soft drinks, and ice
create.
1401.06 SafetYRequirements.
Every applicant for a i shall maintain liability
insurance in the amount of at least$100,000.00 for single injuries and$300,000.00
for each accident, together with at least $10,000.00 property insurance. Vehicles
must be parked at the curb while engaging in vending operations and vending shall be
done only at the curb side of the vehicle. Each vehicle must be equipped with
flashing lights on both the front and rear of the vehicle clearly visible to oncoming
traffic in full daylight. The mobile food unit or wagon vendor operator shall
indemnify the City for all damages that may result to city property by virtue of the
operation of a mobile food vehicle.
4
Page 77 of 102
1401.07 Revocation.
Every such permit may be revoked by the City Council for violation of any provision
of this Ordinance if the permittee has been given remonabl a notice and opportunity to
be heard.
1401.08 Severability of Invalid Provisions.
If any provision of this Ordinance shall be held invalid,its invalidity shall not affect
any other provisions of this Ordinance that can be given effect without the invalid
provision,and for this purpose the provisions of this ordinance are hereby declared to
be severable.
1401.09 Penal .
Violation of this Ordinance shall be a misdemeanor and may be punishable by a fine
not to exceed Seven Hundred Dollars ($700.00) or imprisonment not to exceed
ninety (90) days, or both. Each separate day such violation is continued shall
constitute a separate offense.
Amended Sections 1401.02 and 1401.05 by the City Council 1/12/2016.
Page 78 of 102
0':
Oak Park Heights
Request for Council Action
Meeting Date March 13''-2018
Time Required: 5 Minutes
Agenda Item Title: Snowplowing Agreement Through April 2021 Raleigh Trucking Inc
Agenda Placement New Business
Originating Department/Requ o : Johnson Ci Administrator
Requester's Signature
A 11111111111111F,
Action Requested Discus on Possible Action
At the City's 2018 Goal Setting meeting, the Council discussed the concept of seeking a longer-
term commitment from its snowplowing contractor — Raleigh Trucking Inc. Staff has held
discussions with Raleigh, and have devised the attached Agreement for Council consideration. It
is hoped that both the City and Raleigh can be better assured of their partnership which was the
fundamental goal of the City so as to assure the City has viable and timely snowplowing services.
It has the following elements:
• The 2"+snowfall response requirements and related routes remain similar
• Equipment and staff requirements remain similar.
• Expands the agreement from a one-year tern to a three-year tern—ending in April 2021.
• Limits the ability of the Contractor to convey their company to a third party.
• Allows a 2.5 percent cost increase in each year(2017-2018 is the base year).
• Requires a$25,000 cash deposit or letter of credit from the Contractor to the City.
• Allows a rate adjustment of$5/hour for holiday and Sunday responses.
Requested action: Approve the three-year Snowplowing Agreement with Raleigh Trucking
Inc subject to minor revisions deemed reasonable by City Staff.
Page 79 of 102
CITY OF OAK PARK HEIGHTS
AGREEMENT FOR ROADWAY SNOW REMOVAL AND SANDING
Snowplowing Seasons:
October 2018 through April 2019
October 2019 through April 2020
October 2020 through April 2021
1. PURPOSEANTENT
A. Roadway Sanding and Snow 1p owing
The purpose of this agreement provides the City of Oak Park Heights (hereinafter City) and
M.J. Raleigh Trucking, Inc. (hereinafter called Contractor) with a mutually acceptable
agreement to provide planned and emergency scheduled roadway sanding and snowplowing
operations on local City streets and roadways within the City of Oak Park Heights,Minnesota.
B. Routes
"A" Priority Routes (which only includes 11 Priority Areas - See Exhibit A) identify high
priority roads and slopes of concern. `B"routes identify all other streets and areas including
both 2nd and 3'd Priority routes.All routes become the Contractor's responsibility for sanding
and snowplowing operations under the terms and conditions of this agreement. (All routes are
depicted in "Exhibit A" as attached are provided only as a reference to the location and
approximate scope of the services required under this agreement.)
The City reserves the right to expand, decrease or modify the designated routes and priority
assignments without prior written notice to the Contractor and without affecting any condition
or provision contained within this agreement, including rates or compensation. Additional
services shall be based on established rates.
C. Administration
This agreement is entered into with the City of Oak Park Heights,as administered by the Public
Works Director and is under the direct operational supervision of the Public Works Director or
his assigns.
D. Roadway Sanding and SnpWlowing Policies
(1)The City's policy requires the sanding of all local streets,roads and cul-de-sacs whenever
weather conditions make driving conditions hazardous. Sanding will be required during storms
to maintain passable roadways and safe intersections. Followinar winter storms sanding
operations will be coordinated with snowplowing operations.
(2) The City's snow removal policy requires the removal of snow from face of curb (F-F) of
ALL local streets, roads and cul-de-sacs after the accumulation of two (2) or more inches of
snow per event.All Routes are to be completed within approximately 8 hours of notification.
"A" routes are always a priority and also shall be completed by 6:00 a.m. following an
Page 80 of 102
overnight storm.Per City Ordinance,no parking is allowed on public streets between 1:00 a.m.
and 6:00 a.m.
(3) Cul-de-sac snow removal will be by "wasting" to all properties within the cul-de-sac and
leading to the cul-de-sac. Stock piling for later removal will only be performed under the
direction of the City,when snowfall conditions are extreme.
(4) Sanding operations shall normally utilize a minimum of 15%salt/sand mixture.
(5)The City reserves the right and may at no penalty or additional cost,amend the City's
snowplowing and/or sanding policies that may result in reduced or increased time and/or
materials required by the Contractor.Hourly rates and materials cost would remain in effect.
E. Scope of Operations
The Contractor shall provide a minimum of one (I)piece of equipment to perform the entire
sanding operation. Minimum equipment required is a single axle dump truck with a 5 yard
capacity sand spreader. Additional pieces of appropriate equipment may be used by the
Contractor for any or all sanding operations with prior written approval of the City.
The must Contractor provide a minimum of two(2)pieces of equipment to perform the entire
snow removal operation.Wheel loader type equipment is preferred for"wasting"snow on cul-
de-sacs. Additional pieces of equipment appropriate for each Route shall be used by the
Contractor for any or all snow removal operations with prior written approval of the City.
In all cases the Contractor shall provide adequate equipment to meet the specific scope and
parameters as stated in this agreement including completing full snow removal within the 8-
hour requirement.
2. LENGTH OF AGREEMENT
A. This agreement shall be for three years 2018-19,2019-2020,2020-21 and limited to the snow
removal seasons commencing October through April inclusive. The Contractor shall be
prepared for snow events during these months.
B. This agreement may be terminated for good cause,including failure to perform in accordance
with paragraphs agreement,by the City during the agreement period, subject to written notice
being delivered by registered mail sent to the Contractor at the address referenced on the
Proposal form.
C. The City does not guarantee a minimum number of work hours for any sanding or plowing
operation or duration of the agreement.
3. EQUIPMENT
A. Dump Truck
Page 81 of 102
Trucks shall be a minimum single-axle,dual rear wheel drive,26,000 G.V.W.vehicle equipped
with a minimum 5-yard capacity sander and a front-end plow with a minimum length of 10.01.
If the optional wing plow is used,it shall have a combined moldboard width of 18.0'.
B. Wheel Loader
Wheel loaders shall be a rubber tired, articulated type having all-wheel drive and powered by
an engine with a manufacturer's rating of at least 95 brake horsepower. It shall be equipped
with a front bucket with a minimum of 2.5 cubic yards or a plow with a minimum width of
10.0 feet.An optional wing plow shall be equipped with"floating"down pressure.
C. Motor Grader
Motor graders shall be an articulated type with a minimum 4-wheel drive powered by an engine
with a minimum manufacturer's rating of at least 125 horsepower. It shall be hydraulically
operated with a moldboard of 14.0' in length. If used in conjunction with the optional wing
plow, it shall have a combined minimum width of 21.0'.
D. Accessories& Safety Equipment
All vehicles shall be properly equipped and outfitted to meet all local,county, state or federal
laws required for on-the-road emergency snow removal operations. They shall provide the
operator with full visibility in all directions and shall have a back-up warning system. The
operator's cab shall be fully enclosed and property equipped with all equipment necessary to
allow the efficient and safe operation of that vehicle.The City reserves the right to reject at any
time,without notice to the Contractor,any vehicle that does not appear to comply with all rules
or regulations required for over-the-road snow removal operations. Rejection of vehicle
acceptability will also take into consideration the condition and limitations of operation of the
vehicle or its accessory equipment.
E. Vehicle Designation/Replacements
Upon request,the Contractor shall provide to the City a copy of their certificate of title which
includes the vehicle identification number(if available) and license plate number to the City
within ten days of the request. After inspection by the City, those vehicles acceptable for
performance under this contract will be verified by the City. Except for emergencies, any
planned substitution or replacement of previously approved equipment shall require prior
written approval by the City.
4. OPERATION&MAINTENANCE
A. Orator
The Contractor shall ensure that any operator provided with each piece of equipment is fully
trained and properly licensed with the State of Minnesota to operate the bid vehicle or any
anticipated replacement. The Contractor shall make every effort possible to ensure that the
same operators perform the sanding and plowing operations during the length of the agreement.
Page 82 of 102
B. Parts&Fuel
The hourly rates contained herein shall cover all costs,all operation and maintenance expenses
including but not limited to fuel, lubricants, supplies and support services, taxes, surcharges,
etc.It shall also include depreciation on the vehicle and related equipment including the repair,
maintenance and replacement of all materials and supplies including cutting edges and tire
chain cross links.It shall also include all labor,tools and equipment necessary for making any
and all repairs or replacements which may be necessary to keep and maintain the machine and
all parts thereof in proper and safe working order and serviceable repair.
C. Storage
The Contractor shall assume all responsibility and costs associated with maintaining proper
and necessary protection/shelter/storage for both the vehicle and operator.
5. HOURLY RATES
A. Qperators
All hourly rates quoted shall include full operation by a qualified operator.
B. Quantities
All rates quoted shall be on an hourly basis and shall be rounded to the nearest 0.25 (quarter)
hour.
C. Premium/Overtime
No premium calculation or additional adjustment shall be given to the rates quotes for any
hours worked regardless of day, date,time of day or consecutive hours worked in any given
sanding operation or calendar week unless specifically provided for in the agreement under
Section 7C.
D. Nonproductive/Downtime
The hourly rate shall be paid for the actual number of hours the machine is operated under the
direction of the City.The City shall not be responsible for payment for any time taken for rest
or meal breaks. However, the City will recognize payment for routine maintenance and
emergency repairs or adjustments necessary to keep the machine properly operating.However,
limited accumulated delay time for which payment will be made shall not exceed ten (10.0)
percent of the actual working time required for any single snow event.This allowance shall be
provided for only those pieces of equipment previously approved by the City for required
sanding and snowplowing operations under this agreement.
6. PERFORMANCE REQUIREMENTS
A. Personnel
The Contractor shall provide the City with the name, address and active cellular telephone
number(s)for at least two designated contact personnel responsible for insuring response to the
City's request for services. The Contractor shall ensure that at least one of the contact persons
is available and accessible 24 hours per day,seven days per week.The Contractor's employees
shall not be considered employees of the City at any time.
Page 83 of 102
B. Response Time
The Contractor shall be able to respond and begin sanding operations within one(1)hour and
no later than three(3)hours from the start time requested by the City for any given sanding or
plowing request.
The Contractor shall be able to respond and begin snow removal operations within two (2)
hours and no later than four(4)hours from the start time requested by the City for any given
snow removal request. The Contractor shall ensure that the equipment and operator are ready
and able to continuously provide snow removal services through the completion of the routes
designated in the attached exhibits as directed by and to the satisfaction of the City.
In all cases,the Contractor shall ensure that the equipment and operator are ready and able to
continuously provide services through the completion of the routes designated in the attached
exhibits and as directed by and to the satisfaction of the City. The Contractor shall not allow
any given operator to work more than 16 consecutive hours without an eight-hour break. The
contractor is responsible for providing replacement personnel if operations require more than
16 consecutive hours of operation.The 16 consecutive hours shall include all operations by the
equipment operator, whenever under the City contract, operations under other contracts held
by the Contractor, or by other employees of the operator.
C. Down Time
The Contractor shall ensure that all equipment provided is maintained in a proper manner and
condition to minimize required maintenance or emergency repairs during the performance of
sanding operations. If, once commencing a sanding operation, a piece of equipment becomes
disabled and non-functioning for a period of three(3)consecutive hours,the Contractor shall
provide a satisfactory replacement vehicle and operator if necessary at no additional cost to the
City. The Contractor shall immediately notify the City if it cannot meet the requirements of
this agreement due to disabled equipment or for any other reason.
D. Communications
The Contractor will maintain communications with the City through cellular phones at no cost
to the City. The Contractor shall ensure that the operator maintains full availability for
communication at all times during the operations. The Contract will maintain continuous
communications with their operators such that directions from the City can be passed to the
operators in a timely fashion.
E. Authority/Direction
The Contractor and his designated operators shall respond to all directions given by the City in
a positive,courteous and timely manner during the sanding and snow removal operations.The
City reserves the right to reject any piece of equipment or operator from continued or further
engagement of services due to incompetence or insubordination or inability of the piece of
equipment to function properly for the requested services. The Contractor shall begin the
Page 84 of 102
sanding and snow removal operations at a designated point and follow a specific progression
as direction by the City.
F. Law Obedience
The Contractor and his designated operator shall be responsible for their actions and
compliance with all regulatory laws and ordinances governing the operation of the machine
while performing sanding operations for the City.
G. Cash Deposit or Letter of Credit
The Contractor shall provide and maintain a cash deposit cash deposit or a letter of credit in a
manner acceptable to the City in the amount of$25,000 for the duration of this agreement.The
City shall not file against or use this or cash deposit or letter of credit for any issue or matter
not relating to nonperformance or noncompliance with this agreement.
H. Non-Performance
The Contractor shall waive any and all objections,rights to objections and claims for additional
compensation, damages or loss of revenue resulting from work performed by the City either
prior to, during or after any scheduled or emergency operation in lieu of these contractual
services as may be necessary due to non-performance or excessive delays of the Contractor.
I. Property Damage
The Contractor shall be responsible for any and all damages to private as well as public property
(including public utilities) due to its own or its employee's negligence in performing of this
contract operations.
7. COMPENSATION
A. Payment Schedule
All pay requests must be prepared and submitted by the Contractor as verified and approved
by the Public Works Director.All pay requests so received and approved by the Public Works
Director shall be processed and payment made by the City not less than 15 nor more than 30
days after receipt.
B. Down Time
No payment shall be made for any nonproductive or down time exceeding 10%of any singular
operation. Compensable time shall include all time spent performing the sanding and snow
removal operations subject to the exclusions identified herein and shall include travel time to
and from the Contractor's base of operations or City limits,whichever is the shorter distance.
C. Penalties and Bonuses
A premium adjustment of$15.00 per hour per piece of equipment will be made for each hour
worked between the hours of 12:00 a.m. to 12 midnight on Sundays and the holidays of
Thanksgiving, Christmas,and New Year's Day.
Page 85 of 102
8. INSURANCE/I L4,BILITY/CLAIMS
A. Indemnification
The Contractor indemnifies, saves and holds harmless the City and all of its agents and
employees of and from any and all claims,demands,actions or causes of action of whatsoever
nature or character arising out of or by reason of the Contractor's performance under this
agreement.It is hereby understood and agreed that any and all employees of the Contractor and
all other persons employed by the Contractor in the performance of services under this
agreement, required or provided for hereunder by the Contractor shall not be considered
employees of the City and that any and all claims that may or might arise under the Workers
Compensation Act of the State of Minnesota on behalf of said employees while so engaged in
any and all claims made by any third parties as a consequence of any act or omission on the
part of said Contractor's employees while so engaged in the performance of these services, to
be rendered herein by the Contractor shall,in no way,be the obligation or responsibility of the
City.
B. Insurance
Throughout the terms of this Agreement, the Contractor shall, at his sole cost and expense,
carry and maintain general and public liability and property damage insurance coverage of
$1,000,000 for any one accident and $2,000,000 aggregate protecting the Contractor, his
employees and the City against any and all claims of any kind or character whatsoever arising
from damage,injury(including bodily injury or death)caused by or arising from the operation
and use of the machine at the request of the City.Such insurance shall be in full force and effect
during the time that the machine is operated at the request of the City. Such insurance policy
shall provide for a minimum of 30 days written notice to the City Clerk of cancellation,non-
renewal or material change of the required insurance coverage. The requirement and approval
of this insurance by the City shall not in any way relieve or decrease the liability of the
Contractor. It is expressly understood that the City does not in any way represent that the
specified limits of liability or coverage or policy forms are sufficient or adequate to protect the
interest or liabilities of the Contractor. Copies of the insurance certificates shall he filed with
the City on execution of this agreement and annually thereafter.
C. Legal_Compliance
The Contractor agrees to comply with all State and Federal laws and local ordinances governing
the employment of personnel including, but not limited to, Minnesota Statute Section 181.59
relating to discrimination in employment, and Section 290.07 requiring the certification of
income tax withholding.
D. Claims
The Contractor agrees to process and resolve all claims submitted by affected property owners
of the City of Oak Park Heights in a timely manner.
9. AGREEMENT APPROVAL CONSIDERATIONS
A. Selection
The City reserves the right to retain the services of the Contractor who, in the opinion of the
City,can best provide the services requested under this agreement.Consideration shall be given
Page 86 of 102
to hourly rates, availability and condition of equipment, competency of operators, previous
experience,response time and specific pieces of equipment so quoted.
B. Combination of Ouotations
The City reserves the right to select any combination of equipment quoted for services
requested in entering into this agreement. Only one hourly rate will be considered for each
machine, but consideration will be given to any other rate or combination of rates not called
for in this proposal if it is in the best interest of the City.
10. PROPOSED RATES
The"Schedule of Prices",attached as Exhibit B shall increase 2.5%each year over 2017-2018
rates for each machine the Contractor proposes to furnish and such quotation shall be an hourly
rate and it shall constitute a formal agreement between the Contractor and the City with no
further revisions,addenda or exceptions acknowledged unless previously noted in writing and
agreed upon. All required performance bonds, insurance certificates and additional requested
information shall be submitted in a form acceptable to the City prior to the execution of the
agreement by the City.
11. ADOPTED BY REFERENCE OF PROPOSAL
The attached proposal of"schedule of prices" and description arc adopted by reference as part
of this agreement.
12. RECORDS and DATA DISCLOSURE
This Agreement is subject to the Minnesota Government Data Practice Act,Minnesota Statutes
Chapter 13 (Data Practices Act). All government data, as defined in the Data Practices Act
Section 13.02, Subd 7, which is created, collected, received, stored, used, maintained, or
disseminated by Contractor in performing any of the functions of the City during performance
of this Agreement is subject to the requirements of the Data Practice Act and Contractor shall
comply with those requirements as if it were a government entity.
The Contractor agrees that the City or any of their duly authorized representatives at any time
during normal business hours and as often as they may reasonably deem necessary, shall have
access to and the right to examine,audit,excerpt,and transcribe any books,documents,papers,
records,etc.,which are pertinent to the accounting practices and procedures of the Contractor
and invoice transactions relating to this Agreement.Contractor agrees to maintain these records
for a period of three(3)years from the date of termination of this Agreement.
13. EQUAL EMPLOYMENT OPPORTUNITY-CWM RIGHTS
During the performance of this Agreement,the Contractor agrees to the following:No person
shall, on the grounds of race, color, religion, age, sex, disability, marital status, public
assistance status, creed, or nation of origin, be excluded from full employment rights in,
participation in,be denied the benefits of or be otherwise subjected to discrimination under any
and all applicable federal and state laws against discrimination including but not limited to the
Civil Rights Acts of 1964.Upon request the Contractor will furnish the City all reports required
Page 87 of 102
by the Secretary of Labor,the Minnesota Department of Human Services for the purposes of
investigation to ascertain compliance with such rules,regulations and orders. The provisions
of Minnesota Statutes§ 181.59,(or subsequent amendments)regarding non-discrimination and
violations related there from are incorporated in this paragraph by reference as an obligation of
the Contractor.If during the term of this contract or any extension thereof,it is discovered that
the Contractor is not in compliance with the applicable statues and regulations or if the
Contractor engages in any discriminatory practices,then the City may cancel this agreement as
provided by the cancellation clause.
14. INDEPENDENT CONTRACTOR
Nothing contained in this Agreement is intended or should be construed as creating the relationship
of employment, copartners or joint venture with the City. No tenure or any rights or benefits,
including Workers'Compensation, unemployment Insurance, medical care, sick leave, vacation
leave, severance pay, PERA, or other benefits available to City employees, shall accrue to the
Contractor or employees of the Contractor performing services under this Agreement.
15. NON-ASSIGNMENT.
Except to the extent outlined in this section,this contract is not assignable by either party
without the expressed written consent of the other party,the services contracted for under this
agreement may be sub-contracted out by Contractor only subject to the following:
A. The City may allow the Contractor to participate with a subcontractor to implement up to
20%of the plowing services to be rendered under this Agreement but by doing so does not
release Contractor from any of its obligations to the City under the Agreement. Contractor
shall remain as a guarantor of the performance of the subcontractor and the subcontractor
shall be subject to all the terms and provisions hereof.
B. The Contractor's own trucks and equipment shall be primarily responsible to plow City
roads and all vehicles shall prominently display the Contractor's Name and contact
information. The Contractor's equipment that is visibly marked with its name shall be the
primary equipment used under the terms of this Agreement. The Contractor shall be
responsible to assure that any vehicles and equipment used by its subcontractor is insured
and in good operating order consistent with that which is required of Contractor under its
agreement with the City. Verification of the subcontractor's insurance and licensing shall
be supplied to the city upon request.
C. The Contractor shall be permitted to allow 20%of on-road plowing activities to be handled
by a subcontractor—which shall also clearly display contractors firm name on all equipment.
D. If the City estimates that this 20% is being exceeded for any snowfall event or in season
aggregate, it will advise the Contractor of the finding and may require the inspection and
review of invoices, payroll logs and any other information so requested by the City to
ascertain the percentage. The Contractor shall promptly provide any and all data so
requested by the City. The City may rescind the permissions granted in this Amendment
without advance notice to the Contractor and without penalty.
Page 88 of 102
E. If the 20%is regularly exceeded the Contractor shall be found in violation of the Agreement
and the City may seek other enforcement actions against the Contractor for non-
performance.
F. The Contractor remains solely responsible to all terms and conditions found in the
Agreement and does further fully become responsible for any and all damages, intentional
or unintentional caused by their subcontractors and does agree to indemnify, protect and
hold harmless the City from any and all damage,claims that may result from the actions,or
inactions of itself and its subcontractor including all damages to property and persons and
the city's reasonable attorney's fees.
G. The Contractor shall remain the primary contact point for the City relative to its contract for
snowplowing services. The City need not communicate with any subcontractor as to any
element of this Agreement and all management shall remain with the Contractor.At no time
may the Contractor relinquish any operational control to any subcontractor to implement
the any elements or term of this Agreement or the prime contract for snowplowing services
it has with the City.
H. The Contractor may not engage in a bulk sale of its equipment to or merge with another
entity without the express written consent of the city. The Contractor's ownership shall
remain as signed herein and may not altered without the written consent of the city.
16. DEFAULT AND CANCELLATION.
If the Contractor fails to perform any of the provisions of this Agreement or so fails to
administer the work as to endanger the performance of the Agreement, this shall constitute
default.Unless the Contractor's default is cured and corrected by Contractor within 3 business
days following Notice thereof by the City, the City may, upon written notice, immediately
cancel this Agreement in its entirety. Upon Contractors default the city may, in addition to
other remedies,apply on the security provided in paragraph 6 G above to mitigate its damages
and secure replacement snowplowing services for the remaining term of this agreement in a
commercially reasonable manner.
Page 89 of 102
IN WITNESS WHEROF,the parties have set forth their hands and seals this day of 2018.
CONTRACTOR—M.J.RALEIGH TRUCKING,Inc.
By:
Mr.Mike S.Raleigh,Its:CEO/CFO
By:
Mr.John T.Raleigh,Its Assistant CEO.
STATE OF MINNESOTA )
)ss.
COUNTY OF
The foregoing instrument was acknowledged before me this day of 12018 by Mike
S.Raleigh,the Chief Operating Officer and Chief Financial Officer of Raleigh Trucking,Inc.,a Minnesota
Corporation.
Notary Public
The foregoing instrument was acknowledged before me this—day of , 2018 by
John T.Raleigh,the Assistant Chief Operating Officer of Raleigh Trucking,Inc.,a Minnesota Corporation.
Notary Public
CITY OF OAK PARK HEIGHTS
By:
Mary McComber-Mayor Date
By:
Eric Johnson—City Administrator Date
Page 90 of 102
STATE OF MINNESOTA )
)ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this _ day of 2018 by
Mary McComber and Eric Johnson,respectively the Mayor and City Administrator of the City of Oak Park
Heights, a political subdivision of the State of Minnesota,on behalf of said political subdivision.
Notary Public
Page 91 of 102
Exhibit A — Snowplowing Routes
"A" Routes only include "1" &Priority Streets
"B" Routes include "2" & "Y' Priority Streets
(see next page)
Page 92 of 102
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Page 93 of 102
W
Exhibit B — Schedule of Fees
2017/2x18 Snowplow Scheduls of Feas
Proposed
2.5%increase
Unk 2016 Hrly 2017 Hrly
No. Typo of Equipment Year Rata Bata EgWinnant Standby Fea
12G Cat grader w/win 1986 $140.04 $143.54 Umked to S Months On .
720A Cham inn grager w/win 1991 $140.04 $143.54
120 Cat raderw/wln 1998 $104.04 $106.64 November
950G Cat Loader%v/12' low 1999 $133.31 $136.64 December
950B Cat Loader w/12'plow 1989 $133.31 $136.64 January
983F Cat Loader w/7 yd bucket 1979 $133.31 $136.64 February
980B Cat Loader w/6 yd bucket 1977 $133.31 $136.64 March
545 Ford Tractor w 11'piow 1998 $116.51 $119.42 2,5X,Increase
97 Mack Tandem w/12'plow and sander 1994 $92.98 $95.30 Monthly Fee:$1,986.45
93 Mack Tandem w/12'p9ow and sander 1-993 $92.98 $95.30
Total Stand &w$9,982.25 for Contract
ZSM Increase
Materials Cart 2016 2017
Type $/Ton
Sard Orly(No Salt)
Ssi Sana•'T 1559E $2x.46 $20.97
Salt/Sand @ 20% $22 61 $23.18
Salt/Sand @c 25% $25.85 $2650
Salt Only @ 10096 $75 38 $77 26
Salt @ 5%/Llgt:id @ 10% $25.85 $26.50
Page 94 of 102
0
Oak Park Heights
Request for Council Action
Meeting Date March 131,2018
Time Required: 5 Minutes
Agenda Item Title: Consider taking a Ci P4ti on BF 3497—Fees; Wireless Facilities
Agenda Placement New Busines
i
Originating Department/Reque r: n Qfty Administrator
Requester's Signature
Action Requested Viscussio Possible Action
Background/Justification(Pl a indicate if any previous action has been taken or if other public bodies
have advised):
Under current law,there are not provisions that place a cap on associated fees for reviewing a
cellular firms application to the City for location on a City owned structure. The City currently
has SPRINT on tower#2 and also additional equipment inside the structure.
House Bill 3497 offers to place a limit of$3,000 on City costs as an Application Fee, and which
likely includes third-party consultant costs. See attached language.
Staff believes this position to be untenable as co-location and interference studies are typically
done by third-parties and can be an unknown cost; further evaluation of structural loads and
penetration of water tower equipment is also typically evaluated by engineering staff. These
costs,whatever they might be, should not be borne by City rate payers or local tax payers and
should not be unduly capped. The discussion of subsequent rental or lease rates is secondary to
the evaluation of feasibility or application proposal which must occur first.
Does the City wish to take a position on HF 3497? If it is so willing please authorize Staff to
draft a letter stating its relevant concerns and forward to local delegation and members of the
Committee.
Page 95 of 102
03/05/18 REVISOR RSI/BR 18-6393
This Document can be made available
m alternative formats upon request State of Minnesota
HOUSE OF REPRESENTATIVES
NINETIETH SESSION H. F. No- 3497
03/08/2018 Authored by O Neill
The bill was read for the first time and referred to the Committee on Government Operations and Elections policy
1.1 A bill for an act
1.2 relating to telecommunications;limiting application fees for certain wireless facility
1.3 applications;amending Minnesota Statutes 2016,section 462.353,by adding a
1.4 subdivision;proposing coding for new law in Minnesota Statutes,chapter 394.
1.5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1.j394.381 FEES;WIRELESS FACILITY
1.7 (a)This section applies to an application to install a new or replacement wireless facility
1.8 on(1)a new or existing structure specificgy designed to support wireless facilities,or(2)
1.9 a water tower,building,or other structure designed primarily for other purposes
1.10 (b)A local government unit must limit an application fee to the actual cost incurred
1.11 including the cost of any third-party consultant used to assist with the application review.
1.12 A local government unit is prohibited from imposing an application fee under this section
1.13 that exceeds$3,000.
1.14 (c)For the purposes of this section, "wireless facility"means equipment at a fixed
1.15 location that enables the provision of wireless services between user equipment and a
1.16 wireless service network.Wireless facility includes an adjacent facility used to store
1.17 equipment necessary to support the wireless facility,but does not include a small wireless
1.18 facility as defined in section 237.162
1.19 EFFECTIVE DATE. This section is effective the day following final enactment and
1.20 applies to an application filed on or after that date
Section 1. 1
Page 96 of 102
03/05/18 REVISOR RSIBR 18-6393
2.1 Sec.2.Minnesota Statutes 2016,section 462.353,is amended by adding a subdivision to
2.2 read:
2.3 Subd.4b.Fees;wireless facility.(a)This subdivision applies to an application to install
2.4 a new or replacement wireless facility on(1)a new or existing structure specifically designed
2.5 to support wireless facilities,or(2)a water tower,building,or other structure designed
2.6 primarily for other purposes.
2.7 (b)A local government unit must limit an application fee to the actual cost incurred,
2.8 including the cost of any third-party consultant used to assist with the application review.
2.9 A local govennnent unit is prohibited from imposing an application fee under this subdivision
2.10 that exceeds$3,000.
2.11 (c)For the purposes of this section, "wireless facility"means equipment at a fixed
2.12 location that enables the provision of wireless services between user equipment and a
2.13 wireless service network.Wireless facility includes an adjacent facility used to store
2.14 equipment necessaiy to support the wireless facility,but does not include a small wireless
2.15 facility as defined in section 237.162.
2.16 EFFECTIVE DATE.This section is effective the day following final enactment and
2.17 applies to an application filed on or after that date
Sec.2. 2
Page 97 of 102
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Page 98 of 102
Oak Park Heights
Request for Council Action
Meeting Date March 13' 2018
Time Required: 5 Minutes
Agenda Item Title: Corridors of Co
Agenda Placement New Bus*in
Originating Department/Reques Ci r
Requester's Signature
Action Requested Discuss' i e Aei
Background/Justification(Please ind' if any previous action has been taken or if other public bodies
have advised):
The City has received the Corridors of Commerce information dated 2-16-18 from the State of
Minnesota Department of Transportation in which they seek to solicit support for a number of
projects across the State.Apparently,MNDOT is attempting to establish internalized priorities of
these projects based on a scoring system of 700 total points and if the local units of government
that are"touched"by a project provide a resolution of support then such project is eligible to
secure 45 points.
One of these projects is the adaptation of STH 36 as a FREEWAY from North St.Paul to the St.
Croix River with interchanges. Does the City desire to offer a resolution of support for this?
At this time,we have no further data on such a proposal,what it would include,when it could
occur,etc.And while MNDOT notes that it would not replace or supplant Municipal Consent
provisions,the adaptation of such roadway to a FREEWAY design could make that Municipal
Consent unclear.
That said is not to say that future plans,concepts or other local trips might be improved based on
some layout,but these would need deep vetting and local engagement before any position is
taken.Therefore,from a Staff perspective this resolution should not be offered.No action is
necessary if no resolution is provided.
Page 99 of 102
DEPARTMENT OF Office of Transportation System Management
TRANSPORTATION 395 John Ireland Blvd.
St.Paul,MN 55155
Date:February 16,2018
City Clerk
City of Oak Park Heights
14168 Oak Park Blvd.North
Oak Park Heights, MN 55082
Attention Local Government:
Recently the Minnesota Department of Transpo tion received recommendations from stakeholders and the
public for projects to be considered for its 2018 rridors of Commerce program.From among those
recommended projects,MnDOT will award$400 million to selected projects across the State. You are receiving
this letter because you have been identified as a local government that would be impacted by one or more of
the recommended projects.
As a part of the scoring criteria for the Corridors of Commerce program,all cities and counties which would be
our ch d by the suggested project need to have a resolution of support for the project in order for that project to
receive 45points in the"Community Consensus"category. Projects which do not receive a resolution of support
from all governments are not disqualified from the program,but they will not receive 45points out of total of
700 from this criteria,which will put them at a distinct disadvantage in the scoring.
Enclosed with this letter is a list of regionally submitted projects for the program. Projects highlighted in yellow
have been identified as impacting your govemment specifically. MnDOT will need to receive a resolution of
support for those highlighted projects from you by April 16,2018 in order for the project to be eligible to receive
the 45-points in the Community Consensus category. A resolution of support for the project/s will no1place
any needed future municipal consent requirements,should the project be selected for the program. MnDOT is
not requesting any specific language in the reso ution and you are free to reference multiple projects in a single
resolution. MnDOrs goal is to minimize the amount of administrative effort on your part. However,the
resolution of support needs to reference the specific projects attached and cannot be generic support for
transportation improvements.
An equal opportunity employer
OPTIONAL RETURN ADDRESS:Address 1,address 2,City,State,Zipcode
Page 100 of 102
Once you have completed a resolution of support for the projects,you can either send it or e-mail it to me at
one of the addresses below;
Patrick Weidemann
MnDOT Office of Transportation System Management
395 John Ireland Blvd.
St.Paul,MN 55155
Or
E-mail:You are welcome to submit the resolution of support at any time, but it must be in our office by the 4:30 p.m.on
April 16 for it to count towards receiving the 45-paints. If you have already submitted a resolution of support
for the projects,you can disregard this letter. if you choose to not support a projects on the list,you do net
need to take any action on that projects. If we do not have a resolution in support of a listed projects by the
deadline date,the project will not be receiving the 45-points.
MnDOT appreciates your assistance with this process. If you have any questions or concerns,please do not
hesitate to give me a call.
Sincerely,
Patrick J.Weidemann
Director of Capital Planning and Programming
MnDOT Office of Transportation System Management
(651)366-3758
Page 101 of 102
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