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HomeMy WebLinkAbout03-27-2018 Council Packet CITY OF OAK PARK HEIGHTS TUESDAY, MARCH 27, 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). 6:10 p.m. IV. Consent Agenda_ (Roll Call Vote) A. Approve Bills & Investments B. Approve City Council Minutes—March 13, 2018 (pg. 5) C. Approve City Council Worksession Notes—March 13, 2018 (pg. 9) D. Approve Consumption and Display Permit for St. Croix Yacht Club (pg. 11) E. Approve Amendment to City Ordinance 1401 —Relating to Wagon Vendors & Mobile Food Units (pg. 31) F. Adopt 2018 —2022 Anticipated Capital Improvement Plan (pg. 41) G. Approve JPA for Fuel Contract 2018 (pg. 45) 6:10 p.m. V. Public Hearings None 6:10 p.m. VI. Old Business None 6:10 p.m. VII. New Business A. Mobile Field Force JPA & OPH P.D. Response Directive (pg. 55) B. Set Worksession 4/10/18 — City 2017 Audit Reports (pg. 69) 6:15 p.m. VIII. Other Council Items or Announcements 6:15 p.m. IX. Adjourn Please mute or silence any cell phones,computers or other devices during meeting—Thank You. Page 1 of 70 THIS PAGE INTENTIONALLY LEFT BLANK Page 2 of 70 Oak Park Heights Request for Council Action Meeting Date March 27, 2018 Agenda Item Recycling Award Time Req. 0 Agenda Placement Staff Reports Originating Department/Requestor Admini ami n/Jennifer Pinski Requester's Signature C 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 70 March 15, 2018 Robert & Donna Bement 14290 Oldfield Ave Ct North Oak Park Heights, MN 55082 Dear Mr. & Mrs. Bement: 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 15, to determine if you had your recycling bin out with your regular garbage. Your recycling was out and ready for collection; therefore, you are one of this month's winners. Please contact me via phone at 439-4439 or email at jpinski@cityofoakparkheights.com to let me know your choice of award. On behalf of the Oak Park Heights City Council, thank you for participating in the City's recycling program. Congratulations! Jennifer Pinski City Clerk Page 4 of 70 Oak Park Heights Request for Council Action Meeting Date March 27, 2018 Agenda Item Approve City Council Minutes—March 13, 2018 Time Req. 0 Agenda Placement Consent Originating Department/Requestor. Adm stration/Jennifer Pinski Requester's Signature Action Requested Approve Background/Justification(Please indicate any previous action has been taken or if other public bodies have been advised). See Attached. f Page 5 of 70 CITY OF OAK PARK HEIGHTS TUESDAY, MARCH 13, 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, Liljegren, Runk and Swenson. Staff present: City Administrator Johnson, City Attorney Vierling, and City Engineer Mann. Absent: City Planner Richards. Mayor McComber added "Madison Hospitality Group—Holiday Inn Express— Timeline Extension" as Old Business Item A. Councilmember Swenson, seconded by Councilmember Liljegren, moved to approve the Agenda as amended. Carried 5-0. II. Council/Staff Reports: A. Mayor McComber: She reported that she attended the Bayport Fire Department Advisory Committee meeting on March 13, she would be attending a meeting with the Coalition of Utility Cities and Xcel Energy on March 16, the Oak Park Senior Living Ribbon Cutting was set for March 15,the LMC Conference registration was open, and there were vacancies on the Parks Commission. B. Councilmember Dougherty: No report. C. Councilmember Liliegren: He reported he attended the Planning Commission meeting on March 8, and the next Parks Commission meeting was set for March 19. D. Councilmember Runk: He reported he would be attending the CVB meeting on March 14, and the Middle St. Croix Watershed Management Organization's meeting for March was cancelled, but they had a message for Oak Park Heights: the second year of the raingardens in Area D was completed, and the organization would be sending a letter to residents that it was their responsibility to maintain them. E. Councilmember Swenson: No report. F. Staff. City Clerk Pinski reported that Adam Christofk of 15154 62"a Street North was chosen as the recycling award winner. III. Visitors/Public Comment: A. Bayport Fire Department—Update from Chief Allen Eising_er: Chief Eisinger provided a PowerPoint presentation on the organizational structure of the department and call volumes and peak times. Page 6 of 70 City Council Meeting Minutes March 13, 2018 Page 2 of 3 B. Washington County Veterans Services—Presentation by Lon Pardun: Mr. Pardun provided a PowerPoint presentation on services, benefits available, and local resources. IV. Consent Agenda: A. Approve Bills & Investments B. Approve City Council Minutes—February 27, 2018 C. Approve License for Sale/Storage of Consumer Fireworks at Menards D. Adopt Proclamation for April 27, 2018 as Arbor Day and May 2018 as Arbor Month E. Approve Amendments to City Ordinances 602—Relating to Livestock— Ducks F. Approve Appointment to Planning Commission—David White to May 2020 G. Approve Xcel Energy/Home Energy Squad Enhanced Visits Cost Reduction H. Authorize City Hall Exterior LED Light Repair/Replacement Councilmember Swenson, seconded by Councilmember Runk,moved to approve the Consent Agenda. Roll call vote taken. Carried 5-0. V. Public Hearings: None VI. Old Business: A. _Madison Hospitality Group—Holiday Inn Express—Timeline Extension: Mayor McComber reported that the City Council held a worksession that evening to discuss a timeline extension request from Madison Hospitality Group. Councilmember Swenson, seconded by Councilmember Liljegren, moved to approve the extension as presented by staff. Carried 5-0. VII. New Business: A. Norrell Ave. & STH 36 Frontage Road Study—WCCDA Grant Application: Councilmember Runk, seconded by Councilmember Dougherty, moved to approve the Resolution as presented. Roll call vote taken. Carried 5-0. B. Possible Amendment to City Ord. 1401 —Wagon Vendors &Mobile Food Units: City Administrator Johnson explained proposed amendments to the City Ordinances. Councilmember Liljegren, seconded by Councilmember Dougherty, moved to approve the amendments. Carried 5-0. City Administrator Johnson reported staff would post the proposed Page 7 of 70 City Council Meeting Minutes March 13, 2018 Page 3 of 3 amendments and bring back to the City Council at their next meeting for adoption. C. Snowplowing Agreement through April 2021 —Raleigh Trucking Inc.: Councilmember Runk, seconded by Councilmember Liljegren, moved to approve the three-year snowplowing agreement with Raleigh Trucking. Carried 5-0. D. Consider Taking a City Position on HF 3497: Councilmember Liljegren, seconded by Councilmember Dougherty, moved to authorize staff to send a letter expressing concern. Carried 5-0. E. Corridors of Commerce: City Administrator Johnson reported that the State of Minnesota Department of Transportation was seeking support for a number of projects across the state, and one of the projects was the adaptation of Highway 36 as a freeway from north of St. Paul to the St. Croix River with interchanges. Johnson stated staff believed that providing a Resolution of support at this time was premature. No action was taken. VIII. Other Council Items or Announcements: None IX. Adiourn: Councilmember Swenson, seconded by Councilmember Liljegren, moved to adjourn at 6:43 p.m. Carried 5-0. Respectfully submitted, Approved as to Content and Form, Jennifer Pinski Mary McComber City Clerk Mayor Page 8 of 70 Oak Park Heights Request for Council Action Meeting Date March 27, 2018 Agenda Item Approve City Council Worksession Notes—March 13, 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 9 of 70 it d CITY OF OAK PARK HEIGHTS CITY COUNCIL WORKSESSION NOTES TUESDAY,MARCH 13,2018 Present: Mayor McComber, Councilmembers Dougherty, Liljegren, Runk, and Swenson; City Administrator Johnson; City Attorney Vierling; City Engineer Mann; and City Clerk Pinski. Also present: Kirk Schultz for Item 2 on the Agenda. 1. Call to Order: Mayor McComber called the meeting to order at 5:30 p.m. 2. Madison Hospitality Group—Holiday Inn Express—Timeline Extension: City Attorney Vierling reported that the Madison Hospitality Group was asking for additional time past the extension of due diligence period on the agreement. Kirk Schultz reported that the delays were because of brand research. He summarized the timeline for proceeding. The City Council did not have any issues with allowing extension. This item was to be added to the City Council Agenda for that evening for approval. No action was taken. 3. Discuss Possible Bridge Photo for Council Chambers: The City Council was amenable to a picture of the bridge for the City Council Chambers. No action was taken. 4. Discuss Possible Plan with Just Transition Fund—Xcel Energy King Plant Site: Mayor McComber asked the City Council if they wanted to have more conversations with Cynthia Winland of Just Transition Fund. All said yes. She suggested a worksession be set up. No action was taken. 5. Adjourn: The meeting was adjourned at 5:52 p.m. Page 10 of 70 Oak Park Heights Request for Council Action Meeting Date March 27, 2018 Agenda Item Approve Consumption and Display (Set Up) Permit for St. Croix Yacht Club Time Req. 0 Agenda Placement Consent Originating Department/Requestor inistration/Jennifer Pinski Requester's Signature Action Requested Approve Background/Justification(Please indicate any previous action has been taken or if other pijhlic bodies have been advised). Consumption and Display Permits are issued by the State of Minnesota but require local approval (MN Stat 304A.414, Subd. 5). This permit allows for a business to sell mixes, but not the alcohol. Staff has reviewed the permit application and is requesting approval by the City Council. Page 11 of 70 I MINNESOTA STATUTES 2017 340A.414 340A.414 CONSUMPTION AND DISPLAY PERMITS. Subdivision 1.Permit required.No business establishment or club which does not hold an on-sale intoxicating liquor license may directly or indirectly allow the consumption and display of alcoholic beverages or knowingly serve any liquid for the purpose of mixing with intoxicating liquor without first having obtained a permit from the commissioner. Rental of a public facility does not make a subdivision or the facility a "business establishment"for the purposes of this chapter. Subd. 1 a.Additional authorization.A holder of a consumption and display permit under this section who wishes to allow the consumption and display of intoxicating liquor between the hours of 1:00 a.m.and 2:00 a.m.must obtain authorization to do so from the commissioner. The authorization may be provided in a document issued to the permit holder by the commissioner,or by a notation on the permit holder's permit. Authorizations are valid for one year from the date of issuance. The annual fee for obtaining authorization is$200.The commissioner shall deposit all fees received under this subdivision in the alcohol enforcement account in the special revenue fund. A person who holds a consumption and display permit and who also holds a license to sell alcoholic beverages at on-sale at the same location is not required to obtain an authorization under this subdivision. Subd.2.Eligibility for permit.(a)The commissioner may issue a permit under this section only to: (1)an applicant who has not,within five years prior to the application,been convicted of a felony or of violating any provision of this chapter or rule adopted under this chapter; (2)a restaurant; (3)a hotel; (4)an establishment licensed for the sale of 3.2 percent malt liquor; (5)a resort as defined in section 157.15; (6)a club as defined in section 340A.101,subdivision 7, or an unincorporated club otherwise meeting that definition;and (7)a bed and breakfast facility as defined in section 340A.4011.subdivision 1. (b)The commissioner may not issue a permit to a club holding an on-sale intoxicating liquor license. Subd.3. Only authorized to permit the consumption and display.A permit issued under this section authorizes the establishment to permit the consumption and display of intoxicating liquor on the premises. The permit does not authorize the sale of intoxicating liquor. Subd.4. Permit expiration.All permits issued under this section expire on March 31 of each year. Subd. 5. Local consent required.A permit issued under this section is not effective until approved by the governing body of the city or county where the establishment is located. Subd.6.Permit fees. The annual fee for issuance of a permit under this section is$250.The governing body of a city or county where the establishment is located may impose an additional fee of not more than $300. Subd. 7.Inspection.An establishment holding a permit under this section is open for inspection by the commissioner and the commissioner's representative and by peace officers, who may enter and inspect Copyright©2017 by the Revisor of Statutes,State of Minnesota.All Rights Reserved. Page 12 of 70 340A.414 MINNESOTA STATUTES 2017 2 during reasonable hours.Intoxicating liquor sold,served,or displayed in violation of law may he Seized and may be disposed of under section 297G.20. Subd. 8.Lockers.A club issued a permit under this section may allow members to bring and keep a personal supply of intoxicating liquor in lockers on the club's premises. All bottles kept on the premises must have attached to it a label signed by the member.No person under 21 years of age may keep a supply of intoxicating liquor on club premises. Subd. 9. One-day city permits.A city may issue a one-day permit for the consumption and display of intoxicating liquor under this section to a nonprofit organization in conjunction with a social activity in the city sponsored by the organization.The permit must be approved by the commissioner and is valid only for the day indicated on the permit.The fee for the permit may not exceed$25.A city may not issue more than ten permits under this section in any one year. History: 1985 c 305 art 6 s 14; 1Sp1985 c 16 art 2 s 3 subd 1; 1987 c 152 art 1 s 1; 1989 c 209 art I s 34; 1991 c 249 s 17,18,31; 1995 c 198 s 11; 1995 c 207 art 9 s 60; 1997 c 179 art 2 s 4; 1 Sp2003 c 19 art 2 s 58,79;2005 c 136 art 8 s 17;2006 c 210 s 12;2007 c 13 art 3 s 24;2009 c 120 s 10 Copyright C 2017 by the Revisor of Statutes,State of Minnesota.All Rights Reserved. Page 13 of 70 Print Form f Minnesota Department of Public Safety _ Alcohol and Gambling Enforcement Division 445 Minnesota Street, Suite 222 Alcohol&Gambling.Futorcement St.Paul,MN 55101 651-201-7500 Fax 651-297-5259 TDD651-282-6555 NOTE: ALL CLUB'ON SALE'INTOXICATING LIQUOR LICENSEES ARE EXEMPT FROM APPLYING. APPLICATION FOR CONSUMPTION AND DISPLAY(Set Up)PERMIT PEMIT FEE$250(Permits expire March 31 st of each year) Workers Comp.Ins.Co. S Ti4 Tt 094A A R F I JL& AO4 4"LA6 V 9'f;,,1 CO. Amount Received Policy No. 13-C .. Z X43 �, Dates of Coverage 1 t i,i sp - J JJ/)dJ_ Licensee's MN Sales&Use Tax ID# To apply for MN Tax ID#651-296-6181 Licensee's Federal Tax ID# A$30.00 service charge will be added to all dishonored checks.You may also be subjected civil penalty 1—+14 ci t&I ito of$100 or 100%of the value of the check whichever Is greater,plus Interest and attorney fees. Applicants Full Name(Business,Partnership,LLC,Corporation) DOB S59 Trade Name or DBA St.Croix Yacht Club Business Street Address County Business Phone 6413 St.Croix Trail North Washington 612.889-6581 City State Zip Code Oak Park Heights MN 55082 Permit Type Type of Business(Restaurant,Dance Hall,etcJ Private Club M Public Business Social Club Full Name of Business or Club Manager DOB Address of Manager Chris Houdek 09/04/1968 507 W 1 st Street,New Richmond,WI 54017 Name of Building Owner Address of Owner St.Crobc Yacht Club P.O.Box 251144,Woodbury,MN 55125 Are the dub or business ©Yes Is there a current 32 ❑Yes Is appiication If transfer,former license and business trade name premises separate from any beer license to this 0 Original Q Transfer other business establishment? 0 No business at this location?© No If a partnership,state the name and address of each partner.If a corporation,state the name and address of each officer. If a club,state the name and address of each officer or director. Full Name DOB 55# Address see attached Full Name DOB SS# Address Full Name DOB SS# Address For a Private dub.A club must attach a copy ofthe constitution and bylaws of the club and current list of members. Date dub organized Number of members Amount of dues Is dub owned or rented? Length of time dub at present location 1946 263 $700/yr owned 71 years Membership requirements Does dub store liquor for members? Application process including Board of Directors approval ❑X Yes [D No Has applicant;If partnership,any partner,If corporation,any officer or director;if dub,any club officer or director,ever had a license under the Minnesota Liquor Control Act revoked or suspended or been convicted for any violation of State laws or local ordinances;if so,give date and details. No. I hereby certify,that the answers are true of my own knowledge and understand that the giving of Use information or the failure to give pertinent information constitutes cause for revocation of t rmit.THIS ERMIT DOES NOT ALLOW THE SALE OF INTOXICATING LIQUOR. Permittee Signature Date (Signature certifies all above information correct and permit has been approved by city/county.) City/County Auditor Signature Date (Signature certifies all above information to be correct and permit has been approved by city/countyJ Page 14 of 70 2018 St. Croix Yacht Club Officers and Directors Name Position Address Chris Houdek Commodore 507 W 1st Street,New Richmond,WI 54017 Dan Blodgett Vice Commodore 958 Sadies Ln Hudson,WI 54016 Ron Reimann Rear Commodore 1518 Arden View Dr. Arden Hills,MN 55112 Ruth Terpstra Steward 7806 Hill Road Woodbury,MN 55125 Clinton Blaiser Immediate Past Commodore 1926 Stryker Avenue West St.Paul,MN 55118 Phil Lawrence Fleet Captain 3544 Crestmoor Drive Woodbury,MN 55125 Mark George Medical Officer 235 Woodview Trail Hudson,WI 54016 Dan Mitchell Judge Advocate 533 Tuttle Court Hastings,MN 55033 Michael Nafziger Purser 11234 Lavender Circle North Lake Elmo,MN 55042 Dan Cooney Director 4201 Sunset Drive#321 Spring Park,MN 55384 John Dow,Jr. Director 14246 Geneva Way N. Hugo,MN 55038 Chris Hatzenbuhler Director 13710 Greenwood Trail N. West Lakeland,MN 55082 Todd Keating Director 2012 East 86th 1/2 Street Bloomington,MN 55425 Renato Krsnik Director 4916 Aldrich Ave.So. Minneapolis,MN 55419 Jesse Kvitek Director 1857 Raleigh Road New Richmond,WI 54017 Jeffrey K LaCroix Director 3914 Donegal Way Eagan,MN 55122 Mark R Raiche Director 9448 River Rock Drive South Chanhassen,MN 55317 Tim Ringold Director 2790 White Pine Way Stillwater,MN 55082 Mike J Rygh Director 505 Lakeside Dr.So. Bayport,MN 55003 Chad Wade Director 909 Carmen Ln Mendota Heights,MN 55118 Wayne A Watson Director 925 Briar Glen Lane Woodbury,MN 55129 Page 15 of 70 2018 St. Croix Yacht Club Membership page 1/2 Ackerman,Frank C. Dachtera,Craig Hermes,Gary Aho,Bradford Dachtera,Tim Herreid,Susan Aldridge,Mark Dahlen,Doug Hill,Gary Anderson,David T. Dahlquist,Michael Hoiem,Darryl Anderson,Gary A. DeBettignies,Lisa Holden,Tim Anderson,McRae Detlie,M.D.,Tore Horan,Jim Anderson,Reid DeVries,Ryne Houdek,Chris Anderson,Thomas Dow,Jr.,John Hoversen,Ray Arnal,Dr.Eugene Dudek,Shawna Howard,Mark Azman,Bob Dufresne,Rob Hubbard,Rob Bambenek,Michael Edmunds,Craig Hubbard,Stan E. Bartell,Jerry Elizondo,Jon Hubbard,Stanley S. Basta,Jim Englund,Bob Isakson,Steven Baum,David Erickson,Ronald A. Jacobsen,Helen Bauman,Burt Evans,Edward M. Janohosky,William Baune,Bradley Fabio,Jason Jespersen,Nathan Berghs,Steven J. Fallin,John Johnson,Craig Betzold,Mary Jo(MJ) Fricke,David A. Johnson,Richard M. Blaiser,Clinton Frieman,Sheryl Julkowski,Jeff Blodgett,Dan Frolik,Jon Jundt,Russ Boehm,Bill Gagich,John Kaiser,Mark Boesen,Jamon Gagnon,Margaret Keating,Mike Bohannon,Tim Garelick,Ken Keating,Todd Boler,Randall Gear,Mark Kemp,Larry A. Branstner,Adam Geisler,Jim Kieffer,Mickey Brine,Monty Geller,Dr.Gary Kieves,Garry Bruns,Mark George,Mark Kleinman,Bill Buegler,Chad Germann,Tim Klimpel,Erik Buegler,Kathy Getter,John Kloskin,Glenn L. Burns,Jerry Goggin,Carol Knoop,Chris Carciofini,Ronald J. Gombold,Brad Kolby,David Carlson,Mark Graham,Jerry Kovaleski,Doug Carlson,Steven Gregerson,Tim Kramer,Paul Cartier,Brian Grieves,Paula Kronstedt,Michael Charlson,Cary Grimm,Justin Krsnik,Renato Chesky Il,Dan Guertin,Rich Kruse,Richard A. Chesky,Dan Hall,John Kvitek,Jesse Christofore,David Hall,Kyle LaCasse,Kevin J. Churchill,Randy Handberg,Rob LaCroix,Jeffrey Clark,Bob Hanson,Tadd Larsen,Brian Clark,Ronald E. Harer,Edie Lawrence,Phil Clemency,John Harrison,Randy LeBarron,Bob Conner,Christine Hatzenbuhler,Chris Leferink,Tad Conrad, Ken Hauswirth,Jeff Lengacher,Joan Cooney,Dan Heikes,Dan Linder,Robert Cowing,Kevin Henrie,Reese Linner,AI Cox,Michael Hensrud,Lynn Liska,Mark Page 16 of 70 2018 St. Croix Yacht Club Membership page 2/2 Lorence,Shelly Reif,David Sorg,Jody Lownsbery,Glen Reimann,Pat Southward,Curt Ludgate,Scott Reimann,Ron Spadino,Dan Lundholm Jr.,Gordon Renneke,Scott Stensby,Gary Maas,Gary Reusse,Thomas Snyder,Dr.James Maciosek,Charles J. Reuter,Bob Stone,Charlie Markert,Stephen Reuter,Jonathan Swenson,Warren Markland,Kyle Reynolds,David Swingdorf,Brad McConnell,J.Scott Riedel,Roger Tarara,Jim McCormick,James P. Ries,James Terpstra,Ruth McDaniel,Lenny Ring,Duane Theros,Elena McKay,Tom Ringold,Pat Tjernlund,Sr.,David Meissner,Todd Ringold,Tim Todd,Jeff Miller,John Robinson,Todd Trobec,Jannell Mitchell,Dan Rockow,Steven Ukura,Karen Moeller,Bob Roettger,Lori Lee Van Nest,Peter Mogol,John Rohrman,Jim Vikingstad,Frank Mogren,Kirk Rorvick,John Voshmik,Scott Morris,Virginia Rorvick,Ronald Wade,Chad Morrison,Scott Rosenberg,Ross Wald,Dan Mueller,Scott A. Rosenbower,Peggy Watson,Wayne Mulcrone,Daniel J. Rueckl,Rob Weld Jr,James G. Nafziger,Michael Runk,Terry M. Weiss,Colleen Neitzel,Donald R. Rupp,Dr.William Westlund,John Nelson,Craig Russell,Steve Wettengel,Brenda Nelson,Rodger Rygh,Mike Witzel,Tom Nevins,Bradley Saunders,Curt Wondra,Richard Nevins,Greg Sawyer,Mark Zeglen,Brent Olek,Brad Schaaf,Mark Olson,Sharon Schilling,Faye Olson,Steven Schochet,Larry Ott,Thomas Schochet,Wesley Palmer,Kathy Schreiner,William Peltier,Shaun Seaberg,Nancy Perlt,Ron Sebahar,Todd Perry,Jerome Shannon,Gerald T. Peterson,Allan E. Shaw,Kevin Peterson,David Shelton,Brian Peterson,George Short,Christopher Peterson,Rick Shronts,Richard Peterson,Todd Siegel,Robert Pink,Liz Siegfried,Tim Piotrowski,Barbara Simones,Marty Raiche,Mark Sinz,Paul Ramsay,R.Scott Sitaram,Vijay Ranum,Grant Smilanich,Dick Rea,Doug Smith,Tim Page 17 of 70 An: BY-LAWS OF ST. CROIX YACHT CLUB ARTICLE I NAME Section 1. Name. The name of this Corporation is "St. Croix Yacht Club." ARTICLE II SEAL Section 1. Seal. The Corporation shall not have any corporate seal and the proper Officers of the Corporation are authorized to execute official documents on behalf of the Corporation without a corporate seal and to certify that the Corporation has no corporate seal. ARTICLE III PURPOSE Section 1. Purpose. The purpose of this Corporation is the promotion of social and aquatic fixnctions. ARTICLE IV ORDER OF BUSINESS Section 1. Order of Business. The order of business at all meetings shall be prescribed by Roberts Rules of Order Revised except where Minnesota Statutes Chapter 317A, or its successor,mandates a different procedure. Section 2. Communication. Mail shall be construed as mail/electronic mail(email). ARTICLE V MEMBERSHIP Section IA. Eligibility Requirements. Any natural person twenty-one years of age or over, of good moral, social and business character, may be elected to membership in this Corporation by the Board of Directors as shall be provided in these By-Laws. No one person elected to membership shall exercise any of the rights or privileges of members until he/she shall become holder of such membership, until the same shall be issued or transferred to him/her on the books of the Corporation, and until he/she shall have otherwise qualified as may be provided by these By-Laws. Section 1B. No Discharge Rule. No Member of the St. Croix Yacht Club shall discharge sewage from a portable or fixed holding tank into the St. Croix or Mississippi Rivers, its tributaries or estuaries. Page 18 of 70 Section 1C. Holding Tanks. All members are required to have a permanently affixed US Coast Guard Approved shore discharge holding tank with a minimum capacity of 15 gallons. Section ID. Member Conduct. Members will, at all times, conduct themselves according to our organizations principles, values, and beliefs. Every member is expected to respect the rights and privileges of all members, their guests and will be accountable for their negative actions or behavior that adversely affect our organization or its operation. Violation of this policy is subject to review by the Board of Directors and may result in fines or membership disciplinary action as set forth in Section 7 of this Article below. Section. 2. Classes of Membership. There shall be six classes of members. Only Resident Boating Members shall be allowed to bring any boat to the beaches. (1) Resident Boating Member. This class shall include those members whose boats are used on the St. Croix and/or Mississippi Rivers. (2) Non-Resident Boating Member. This class shall include those members who do not have or operate a boat on the St. Croix and/or Mississippi Rivers but wish to retain the right to vote and hold office. (3) Social Members. This class shall include those members who do not own or operate a boat on the St. Croix and/or Mississippi Rivers, are not Honorary Members, do not have beaching privileges on Club properties and cannot vote or hold office. (4) Honorary Members. This class shall include those persons so designated specifically by the Board of Directors upon unanimous approval of all members of the Board of Directors. Honorary members shall receive a membership, shall not be required to pay dues, may be either male or female, and shall be selected by the Board of Directors from existing members, or from the family of a member, or from the family of a deceased member. Such Honorary members shall pay full Resident or Non-Resident Boating Membership dues to be entitled to Resident or Non-Resident Boating Membership privileges. (5) Lifetime Members. All Past Commodores shall be Lifetime Members with all privileges as Social Members without having to pay Social Dues. Such Lifetime Members shall pay full Resident or Non-Resident Boating Membership dues to be entitled to Resident or Non-resident Boating Membership privileges. (6) Associate Membership: A son or daughter of a current member in good standing is eligible to apply for Associate Membership. Each applicant shall follow the same approval process as Resident Boating, Non-Resident Boating or Social Membership. At time of application the applicant shall inform the membership Chair whether the applicant chooses to enter the Club as an Associate Resident Boating Member, an Associate Non-Resident Boating Member, or a Social Member. The Associate Member will have the same privileges as members within the chosen class, however the Associate Member shall not vote or hold office until the Capital Investment Fund is paid in full. Dues will be assessed at the full rate Page 19 of 70 applicable to the chosen class and payable in accordance with Section 5. The Associate Member will be elevated to the chosen class when all fees and dues are paid in full. CAPITAL INVESTMENT FUND: Will be paid by the Associate Member at 50% of the current Capital Investment Fund Fee in force at the time of membership approval. Initial payment of 20% is due with the application. The remaining 80% will be paid annually (with their dues) over the next four consecutive years at a rate of 20% per year. Payment default will be considered just cause for revocation of Associate Membership status. Section 3A. Membership. Upon the death of a Resident member, Non-Resident member, Social member, or Past Commodore in good standing, membership shall pass to the surviving spouse, with no other fees except for the usual dues. Also, if the deceased member has not yet paid the Capital Investment Fund Fee in full, the balance must be paid by the spouse upon transfer on the same schedule as the deceased member was paying. Furthermore, a membership can only be passed one time. Section 3.B. Acceptance into Membership. Applications for membership, except Honorary and Lifetime memberships, shall be made in writing on forms approved by the Board of Directors. Upon receipt of the application, the Membership Chairperson shall inquire into the qualification of each applicant and make a recommendation to the Board of Directors. Election to membership shall be by an affirmative vote of a majority of the members of the Board of Directors present and voting, a quorum being present. After being so approved by the Board of Directors, and after payment of the Capital Investment Fund Fee and the Annual Dues for the first year of membership, and after attending a new member orientation meeting, the applicant for membership shall thereupon be a member. Membership privileges of voting and holding office will not be granted until complete satisfaction of the Capital Investment Fund Fee. All new members during their initial membership year shall be required to obtain a membership of the St. Croix Yacht Club Auxiliary and pay the applicable dues. The member shall have the option to continue said membership in subsequent years. Section 3C. Multiple Boat Ownership. In the event of multiple ownership of a boat(other than husband-wife owners) all owners shall be Resident or Non-Resident Boating members or none shall be entitled to the privileges of Resident or Non-Resident Boating membership. Section 4A. Capital Investment Fund Fee. All approved applicants for membership into the SCYC shall be required to pay a one time Capital Investment Fund Fee of $2,500.00. When applying for membership, the fee can be paid in one of three ways: (1) Pay the entire fee in one payment of$2,500.00 dollars. (2) Pay the fee over a two year period with payments of$1,350.00 the first year and $1,350.00 the second year. (3) Pay the fee over a three year period with payments of$900.00 the first year, $900.00 the second year and 900.00 the third year. Options 2 & 3 carry an 8% simple interest finance charge on the 2nd and 3rd payments, as included in the above payment amounts. Options 2 & 3 will require that the applicant for membership sign a promissory note agreeing to the payment terms. Membership privileges of voting and Page 20 of 70 holding office will not be granted until complete satisfaction of the Capital Investment Fund Fee. Section 5. Dues and Terminations for Non-Payment of Dues. The amount of the annual dues for Resident Boating Members, Non-Resident Boating Members, and Social Members shall be annually determined by the Board of Directors. Billings will be sent after JANUARY 1st of each fiscal year and collected in the following manner: (1) All dues must be paid by FEBRUARY 15th of each year, except for new members joining after that date who must pay the annual dues as a condition precedent to membership. A new member joining after October 1st shall not be required to pay annual dues for the fiscal year then expiring, but will be required to pay annual dues for the following year as a condition precedent to membership. (2) For dues that are unpaid by FEBRUARY 15th of each year except as provided above for new members, a penalty of$50.00 will be imposed for late payment provided that said dues and $50 late payment are paid on or before March 1. (3) Any member failing to pay their dues, and $50 late payment, by MARCH 1st of the fiscal year shall be automatically dropped from membership. This procedure may be waived for good cause by action of the Board of Directors. Section 6. Limitation of Members. The Board of Directors shall have the power to limit the number of members of the Corporation in total of any category of membership, but in no event shall the number of Social Members exceed 60% of the membership, excluding Honorary and Lifetime Members. Section 7. Discipline for Cause. Any member found by the Board of Directors after due hearing, to which he/she has been invited for cause upon written complaint against such member taken to the Board of Directors may have their membership privileges restricted, membership suspended or membership terminated by action of the Board of Directors. Willful violation of any of the rules of the Corporation or misconduct unworthy of the privileges of membership shall constitute cause for such purpose. The procedure to be followed for member disciplinary action shall be as provided by in Roberts Rules of Order Revised and the fair and reasonable procedure standards set forth in Minnesota Statues Section 317A.411, or its successor. ARTICLE VI MEMBERS MEETINGS Section 1. Annual Meeting. The Annual Meeting of members shall be held at a convenient time and place during the month of January of each year, the exact date, time and place to be designated by the Outgoing Commodore. Page 21 of 70 Section 2. Special Meetings. Special meetings of the members may be called at any time upon request of the Commodore, Board of Directors, or upon written request of fifteen members in good standing. Section 3. Notice of Meetings. Written notice stating the date, place and hour of the meeting and the purpose or purposes for which the meeting is called (and in the case of an Annual Meeting) any matters concerning which special notice is required shall be mailed/emailed or personally delivered not less than five nor more than 30 days prior to the date of the meeting, excluding the date of the meeting, to each member of record entitled to vote at such meeting. In case of adjournment of the meeting from time to time, no further notice of the adjourned meeting shall be necessary if an announcement is made at the meeting where the adjournment is had, specifying the date, place and hour of the adjourned meeting. No person who is not a member of the Board of Directors, except the President of the SCYC Auxiliary, or a Past Commodore, shall be present at a meeting, except the Annual Meeting, of the Board of Directors unless specifically invited by a member of the Board of Directors and approved by the Commodore. Section 4. Voting Rights. Every Resident Boating Member and Non-Resident Boating Member of record, as defined under Article V above, shall be entitled to one vote, in person or by proxy, executed in writing and delivered to the Steward at or before the meeting provided that no revocable proxy shall be voted if executed more than eleven months prior to the date of the meeting. Lifetime members paying Resident or Non-Resident Boating dues and Associate members who have fully satisfied their Capital Investment Fund Fee shall be entitled to vote. There shall be no cumulative voting by the member. The decision of the members shall be by majority vote of a quorum, except where otherwise indicated in these By-Laws. Social Members shall not be entitled to vote. Section S. Action by Mail/Email (Electronic Mail)Any action that could be taken at a meeting of voting members may be taken by mail ballot without a meeting of the members, or through a combined ballot of those submitted by mail prior to the meeting together with those submitted in person at the meeting. When a mail vote is to occur, written notice thereof stating the issue or issues to be voted on, and accompanied by a written ballot or ballots covering each issue on which a mail vote is to be had shall be sent to each member entitled to vote thereof by the Steward not less than five nor more than 30 days before the date for counting the ballots or the date of the meeting at which the vote will be taken, excluding the date of the counting of such ballots or the date of the meeting. Such written notice shall specify the date and hour by which mailed ballots must be received in order to be counted in the voting. A member may vote by proxy, subject to the restrictions on proxies contained in this Article. The Board of Directors shall from time to time promulgate further rules governing mail votes, including but not limited to, the manner of counting and certifying such votes. Page 22 of 70 Section 6. Quorum. The presence in person or by proxy or through mail ballot of 20% of the total voting membership entitled to vote at the meeting shall constitute a quorum for the transaction of business. In the absence of a quorum any meeting may be adjourned from time to time. The members present at a duly called or held meeting may continue to do business until adjournment, notwithstanding the withdrawal of enough members to leave less than a quorum. ARTICLE VII BOARD OF DIRECTORS Section 1. Duties. The Board of Directors shall exercise general charge and direction over the Officers of the Corporation and shall have general charge of the business affairs and policies of the Corporation. The Board of Directors shall have control and management of all property of the Corporation, shall appropriate all funds, and shall authorize and direct the making of all contracts and purchases. Section 2. Number and Voting Rights. The Board of Directors shall be composed of 12 Resident Boating Members or Non-Resident Boating Members elected by the membership. Additionally, the Vice Commodore, Rear Commodore, Steward, Purser, Fleet Captain, Judge Advocate, Medical Officer, Immediate Past Commodore and the Heads of each of the Nine Standing Committees shall be members of the Board of Directors, ex-official, if they be not otherwise a member of the Board of Directors by virtue of a previous election of an unexpired term. Ex-official members shall possess full voting rights as a member of the Board of Directors. In accordance with Roberts Rules of Order Revised, the Commodore will only vote as a tie- breaker. Section 3. Vacancies. In the event that a Board of Directors chair becomes vacant, the Board of Directors will vote on a replacement from the four most recent past Board Members who have completed a 3-year term. If a replacement cannot be found within that group,the Board will vote on a replacement from prior Board members completing their 3-year term from 2 years out. This procedure will repeat itself until a replacement is found. Section 4. Nominating Committee. At least six months prior to the Annual Meeting, the Commodore shall appoint a Nominating Committee of five voting members of the Corporation at least two of whom shall not be on the Board of Directors. The Commodore shall name one of the members of the Nominating Committee as Chairperson thereof and it shall be his/her responsibility to assemble the committee and see to its performance. On or before the 15th day preceding the annual election, the Nominating Committee shall present to the Steward its full slate of nominees which shall include, in the committee's discretion, one or more nominees for each Directorship to be voted upon. The slate of nominees shall be submitted to the membership by the Steward along with, or within the time specified for the transmittal of, notice of the Annual Meeting. The Steward shall provide suitable ballot and ballot boxes at the Annual Meeting. The Page 23 of 70 deposit of ballots and the counting thereof shall be in the charge of an Election Committee of three Resident or Non-Resident Boating Members appointed by the Commodore, none of whom shall be candidates for election. Section S. Meetings of the Board: Notice. The Board of Directors shall meet each year immediately before the Annual Meeting for members. Any meetings of the Board of Directors may he held upon at least five days written notice upon call of the Commodore or any two Directors. A notice may be waived in writing before or after the time of such meeting and attendance of a Director at a meeting shall constitute a waiver of notice thereof. Neither the business to be transacted at, nor the purpose of, any meeting need be specified in the notice of such meeting. Section 6. Quorum. A majority of the Directors shall constitute a quorum for the transaction of business and a majority of those present shall constitute a majority for the purpose of taking any Board action,unless a greater number is specifically required pursuant to these By-Laws. Section 7. Action Without a Meeting. Any action that could be taken at a meeting of the Board of Directors may be taken without a meeting when authorized in writing by the majority of the Directors. ARTICLE VIII OFFICERS Section 1. Commodore. The Commodore shall be the Chief Executive Officer of the Corporation and shall preside at all meetings and shall perform such other duties as are incident to this office or as may be directed by the Board of Directors. The Commodore, when presiding, shall regulate the order of business and shall interpret all questions which may arise under these By-Laws, subject to appeal from his/her decision to the general meeting of the membership. He/she shall not be involved in the general discussions of the meeting or have the ability to make motions without first handing down the gavel as specified in Roberts Rules. At the Board of Directors meeting preceding the Annual Meeting, as incoming Commodore, he/she shall appoint chairperson of the various Standing Committees, Medical Officer, Judge Advocate. He/she shall execute such documents on behalf of the Corporation as shall require his/her signature and shall exercise a general supervisory control over the Officers of the Corporation. The office shall annually be filled by the automatic elevation of the Vice Commodore of the preceding year to the office of Commodore. Section 2. Vice Commodore. The Vice Commodore shall be elected from and by the Board of Directors. In the absence of the Commodore, or upon the Commodore's specific request, the Vice Commodore shall perform the duties of the Commodore and shall be vested with all of his/her powers, except the power to nominate Chairperson to the various Standing Committees, which shall be exercised by the Commodore alone, unless the Vice Commodore shall succeed to the office of Commodore by reason of death, resignation or termination of the Commodore. Page 24 of 70 He/she shall succeed to the office of Commodore upon serving one term as Vice Commodore. He/she shall serve as Beach Authority and as Chairperson of that Standing Committee. Section 3. Rear Commodore. The Rear Commodore shall be elected from and by the Board of Directors. In the absence of both the Commodore and the Vice Commodore, the Rear Commodore shall perform the duties of the Commodore, and shall be vested with all of his/her powers, except the power to nominate Chairperson to the various Standing Committees, which shall be exercised by the Commodore alone. He/she shall serve as Chairperson of the Social and Entertainment Committee. Section 4A. Steward. The Steward shall be elected by the Board of Directors in the following manner: (1) In the Dockline each year a notice will be included asking eligible members to inform the Board of Directors if they would be willing to submit their name for the following year's Steward position. Only voting members will be eligible and each member may submit their name only. Willing applicants will mail their name to the Club Secretary for formation of an Eligibility List. (2) If more than three candidates submit their names, a letter, along with the eligibility list, will be sent under the signature of the incoming Commodore to all Past Commodores and sitting Board Members to select only three of the candidates for consideration. Those names will then be sent to the club secretary for tabulation. The top three nominated candidates, including ties,will then be placed on the ballot. (3) At the October Board of Directors meeting this slate of candidates will be presented to the Board for their consideration and vote. A Board member must be present to vote. No Proxies. The current Steward and Club Secretary will count and tabulate the votes. All ballots will he held confidential by the Club Secretary for a period of one year and then destroyed. These confidential results will only be shared with the current Commodore, the incoming Commodore, and the Board of Directors in attendance. The formal announcement and installation of Steward will be made at the Annual Meeting in keeping with the traditions of the St. Croix Yacht Club. Section 4B. Duties. The Steward shall attend all meetings of the members and of the Board of Directors, and shall be responsible for the recording of their proceedings as approved and executing such papers as may he required, preserving all papers, executing notices of meetings, and performing such duties as are normally incumbent on a secretary of a Corporation, along with such other duties as may be required by the Commodore and/or the Board of Directors. At the expiration of his/her term in office, he/she shall deliver to the Board of Directors or to his/her successor, all books, papers, and property of the Corporation in his/her possession. The Steward shall also serve as the Chairperson of the Dockline Committee. Page 25 of 70 Section 4C. Budgetary. An operating expense item will be initiated and include a $500 uniform allowance, and a$1,500 Commodores gift and after-Ball entertainment allowance. Section 5A. Purser. The Purser shall be appointed by the incoming Commodore and may be selected from the voting membership at large. He/she shall attend all meetings of the members and Board of Directors, and receive, hold, and disburse all of the funds of the Corporation. He/she shall make no disbursements, except upon the order of the Commodore or the Steward. He/she shall deposit all funds in such depositories as shall be directed from time to time by order of the Board of Directors. He/she shall make monthly reports at general meetings, or more often if requested to do so, and shall make his/her annual written report of all receipts and disbursements to the Board of Directors. The Purser shall not be a chairperson of any committee concerned with the handling of receipts, sale of tickets, collection of funds, etc., but shall have as his/her duty the auditing of records concerned with such monies. He/she shall give a receipt to the chairperson of said committees for all money turned over to him/her. Section 5B. Auditing. The Purser's books shall be inspected at least once each year prior to the Annual Meeting by an Auditing Committee appointed by the Commodore. Said Auditing Committee shall consist of three members in good standing, at least one of whom shall not be an Officer or Director. The Purser's papers, records, books and accounts shall be open at all reasonable times to the inspection by the Officers, membership at large, and the Board of Directors. At the expiration of his/her term in office, he/she shall deliver to his/her successor or to the Board of Directors, all property of the Corporation in his/her custody and control. Section 5C Checks, Notes, ETC. Authorized Signatures. Checks drawn against the Corporation's deposit account with banks or trust companies, and also promissory notes and bonds of the Corporation, shall be signed by the Purser or Secretary or such other Officer as the Board of Directors may from time to time prescribe. Section 6. Additional Officers. The Board of Directors shall elect from the Board of Directors or from the voting membership at large, a Judge Advocate, and a Medical Officer. The duties of these Officers shall be as specified by the board of Directors or by the Commodore. The outgoing Commodore shall assume the position of Immediate Past Commodore and the outgoing Immediate Past Commodore shall assume the position of Fleet Captain. Section 7. Vacancies. In the event that the office of Commodore becomes vacant, the Vice Commodore will become Commodore for the remainder of the year and then will begin his/her term as Commodore. The Rear Commodore shall succeed to the office of Commodore in the event that both the Commodore and the Vice Commodore vacate said office; however, the Rear Commodore shall serve only for the remainder of the year whereupon the office of Commodore shall be filled by election by the Board of Directors. In the event that any other office becomes vacant before the expiration of term, the Board Directors shall, by majority vote, elect an eligible member to serve for the unexpired portion. Page 26 of 70 ARTICLE IX CLUB SECRETARY Section 1. Club Secretary. The Club Secretary job, and all compensation, shall be selected by a majority vote of the Board of Directors. The Bridge will give a yearly review to the Secretary and submit any reports or increase in compensation to the Board of Directors for their approval. The Secretary may also be replaced for cause at any time by the Board of Directors. The Secretary shall be directed by the Bridge. Section 2. Hiring. The position of Club Secretary shall be opened to all interested candidates every three years. The posting for the position shall be placed in the Dockline, by the editor, no later than the second annual issue preceding the three year anniversary of the current Secretary. This posting shall include full job description and compensation range for the position. The present Secretary may reapply for the position and shall follow the same application process as all other applicants. Resumes will be required of all applicants and will be sent to the Steward, who will distribute copies to all Board Members at the October Board Meeting. A Special Meeting of the Board of Directors shall take place in November, preceding the three year anniversary of the current Secretary. This Meeting shall be for the purpose of Interviewing, Discussion and the Voting on the applicant candidates. The applicant candidates shall be informed of the Board's decision by December 1st. If a new Secretary is hired, the outgoing Secretary along with new Secretary will both be paid for the Month of January to help in the transition and the transfer of all SCYC property. Announcement to the membership shall take place at the Annual Meeting. Section 3. Requirements. Responsibilities include,but are not limited to: (1) Attend and take minutes at all member meetings and Board meetings. (2) Availability of an IBM compatible computer so that existing Club software can be used, and a fax machine,for membership and business communication. (3) Updating, editing and compiling the Roster annually. (4) Preparation of approximately four Dockline issues a year, including collecting articles and pictures, retyping and proofreading, general assembly of each issue, as well as delivery and pick- up from printer and posting and mailing to the membership. (5) Bookkeeping,payroll and payroll tax reporting (6) Assisting party committees with copying and mailing out flyers, and disbursements of checks for party expenses. (7) Must be easily accessible to Club members for information and Club business. ARTICLE X INDEMNEFICATION OF OFFICERS AND DIRECTORS Section 1. Terms. The Corporation shall indemnify every Director or Officer, his/her heirs, executors and administrators, against expenses reasonably incurred by him/her in connection Page 27 of 70 with any action, suit or proceeding to which he/she may be made party by reason of his/her being or having been a Director or Officer of the Corporation except in relation to matters as to which he/she shall be finally adjudged in such action, suit or proceeding to be liable for gross negligence or misconduct; in the event of a settlement, indemnification shall be provided only in connection with such matters covered by the settlement as to which Corporation is advised by legal counsel that the person to be indemnified did not commit such a breach of duty. The foregoing right of indemnification shall not be exclusive to other rights to which he/she may be entitled under Minnesota Statutes or otherwise. ARTICLE XI STANDING COMMITTEES Section 1. Committee Designations. The Standing Committees of the Corporation shall be as follows: Beach Authority(Vice Commodore) Social and Entertainment Committee(Rear Commodore) Dockline Committee (Steward) Membership Committee House Committee Education and Safety Committee Long Range Planning Committee Public Relations Committee Historian Section 2. Standing Committee Chairpersons. The Standing Committees shall always be subject to the control and direction of the Board of Directors. Each year at the Board of Directors meeting preceding the Annual Meeting, the incoming Commodore shall nominate chairperson of the various Standing Committees, subject to the approval of the Board of Directors as a whole to appoint the same. These Chairpersons shall serve for one year but may be reappointed for successive terms at the discretion of the Board of Directors. Section 3. Special Committees. The Commodore and/or the Board of Directors of the Corporation may create any other special or temporary committees deemed necessary, and shall fix the number of members and general duties of such committees. Section 4. Expenditures by Committee. No member or Chairperson of any committee may obligate the Corporation for any expense without the prior authorization from the Board of Directors or by the Corporation itself, upon vote of the general membership at a general meeting. Such authorizations must fix the top limit of such expenditures and must be recorded in the minutes of said meeting. All bills covering such expenditures must be approved in writing by the Purser or the person authorized to make the expenditure before becoming eligible for payment by the Purser. Page 28 of 70 ARTICLE XII ST. CROIX YACHT CLUB AUXILIARY Section 1. St. Croix Yacht Club Auxiliary. The Board of Officers may authorize the formation and affiliation of the St. Croix Yacht Club Auxiliary. Membership in any such Auxiliary should be limited to spouses of the six classes of members specified in Article V hereof. The Board of Officers may also, by unanimous approval, grant a special membership in the Auxiliary to a person not the spouse of a member. ARTICLE XIII RULES AND REGULATIONS Section 1. Rules and Regulations. The Board of Directors are authorized to adopt from time to time such rules and regulations as they deem necessary for the orderly management of the Corporation property and activities. ARTICLE XIV AMENDMENTS Section 1. Procedure. The By-laws may be altered, amended or repealed by the Board of Directors without member approval in the manner provided by law. ARTICLE XV ADDITIONS TO THE BY-LAWS Section 1. Past Commodore Meetings. The Board of Directors shall sponsor two annual dinner meetings,to be attended by Past Commodores only. The first meeting shall be prior to May 30 and the second meeting prior to September 30. The purpose for these meetings is three-fold: 1) to provide a social gathering for all Past Commodores in appreciation for their past and future dedication to the SCYC,2)to discuss any issues that would contribute to the successful operation of the Club, 3) during the May meeting, to select members that they deem would be viable candidates for the position of Steward, and urge the selected members to submit their names in writing to the Club Secretary to appear on the Steward's ballot. The Fleet Captain will chair the dinner meetings. The Fleet Captain will have the Club Secretary notify all Past Commodores at least two weeks in-advance of the date, time, and location of the meeting. The Fleet Captain will be responsible for advising the Board of Directors of the issues discussed and insure that all potential Steward candidates are contacted. Page 29 of 70 THIS PAGE INTENTIONALLY LEFT BLANK Page 30 of 70 *t Oak Park Heights Request for Council Action Meeting Date March 27th 2018 Time Required: 5 Minutes Agenda Item Title: Possible Amendment City Ord 1401 —Wagon Vendors&Mobile Food Units. Agenda Placement Consent Agenda Originating Department/Requec Johnson Cfty Administrator ore Requester's Signature Action Requested Ado Amendments to CAy Ord. 1401 —Relating to Wagon Vendors& Mobile Food Units and Summary Publication Ordinance. 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 open 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:REQUESTED ACTION: 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 remains in support of the revisions,the Council should approve the attached amendment(s)to the 1401 Ordinance and adopt the Summary Publication Ordinance. Page 31 of 70 1401 'AN ORDINANCE REGULATING WAGON VENDORS, MOB11_F FOOT) 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 n- wagon vendors �� r :4, -#fie �, i�� the City of Oak Park Heights. It 15 ef this ikaklv1:,..eys,.....aL'� �1 -- kx,—, 'p r 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" 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 prepare, 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 further required to assure compliance witti the provisions of this Ordinance for any mobile food unit or wagon vendor beim used on the public streets for the purpose of vendingor r dispensing as aforesaid. B. This Ordinance shall not apply to persons using vehicles for the sole purposes _delivery of packaged or prepared food or other prepared goods, ^^ a�Aing ishe�' r services directly to homes or establishments where 1 Page 32 of 70 the goods are taken by the operator of the vehicle onto private or public property.€er delivery. The pemift sMI .�;ho t+ nsv uuv vadaa 9se ef vending or-dispensing as afer-esaid. C. A mobile food unit may operate on private,property with the written consent of the private property owner without the need for a citypern 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 party.Any private property owner may host up to one mobile food unit at one time and sales to the general public are strictly prohibited under this section. D. A public or private entity may permit the operation of a mobile food truck(s) on their prp operty 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. i. 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 units) and/or operates for more than one day,the propejjy 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 days 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 up 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 consecutive) o�aggered. A mobile food unit may not operate on City property including within Ci • Parks without the prior written approval by the City_ . Mobile food units are otherwise prohibited in all other locations and may not operate at large in the City or on City right of ways. !,:, s„ :4.—(4-) A self :aaale' food sen4ee epefation, wheeled er towed vehiele that is readily movable witheut disassembling aad#mt is used to stele,prepare,display of seEye food;„+Vndo for-1.1a;. a peffien ; or- (2) A mobile food mak as ,a f a Miii eseta Statutes, seetiEm 157.1 5, ,bdi n 2 Page 33 of 70 EO. Mobile food •+ a tt ,.,.,...,pliant ,:+w See fie..G„ft ant m and ope,..,+;ft e r r y are net r-equiFed to seeufe any r r F-E. 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 operations must be exclusively operated by a IRS recognized 501 c.3 charitable organization where a majority of all funds 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 often(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. GF. 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 any 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 Annlication for Permit. A. Application for a,,.ago ..on,t Ws 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 34 of 70 The applicant applying for a —,I permit shall, before being issued a permit, pay to the City Clerk such sum as shall be established by City Council resolution. __.. m.._ v_. __ _ _ ._Z I.__ _ _; __ _ The permit shall be nontransferable. Mobile food unit permits shall be valid for sr and %agon vendor afl--permits will-_sly-be for a period of one year 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 C& permit prior to operating in the City. A Wagon Vendor may operate on right ofways 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 any 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 cream. 1401.06 Safety Requirements. Every applicant for a mobile food unit or a wagon vendor 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. _ir� iiiooii,; goo,, unit or wagon vendor operator small inueainii-y the �-ay for all damages that may result to city propertyby virtue of the operation of a mobile food vehicle. 4 Page 35 of 70 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 reasonable 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. 5 Page 36 of 70 CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY,MINNESOTA ORDINANCE NO.2018-1401-04 AN ORDINANCE AMENDING CHAPTER 1401 OF THE CODE OF ORDINANCES OF THE CITY OF OAK PARK HEIGHTS RELATING TO WAGON VENDORS,MOBILE FOOD UNITS THE CITY COUNCIL OF THE CITY OF OAK PARK HEIGHTS, WASHINGTON COUNTY, MINNESOTA, DOES ORDAIN: Section 1. That the Title of Ordinance 1401 of the Code of Ordinances of the City of Oak Park Heights is amended to read as follows: An Ordinance Regulating Wagon Vendors, Mobile Food Units and Establishing Permit Fees and Providing Penalties for Violation Section 2. That Sections 1401.01 through 1401.06 of the Code of Ordinances of the City of Oak Park Heights are hereby amended to read as follows: 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 in the City of Oak Park Heights. It 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 food or confections and to assure that insurance and other safety requirements, as set forth herein, have been complied with. A "mobile food unit" 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, prepare, 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 Page 37 of 70 mobile food unit based food sales other than as permitted in this Ordinance may operate in the City. A permit shall be further 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 vending or dispensing as aforesaid. B. This Ordinance shall not apply to persons using vehicles for the sole purposes of delivery of packaged or prepared food or other prepared goods or services directly to homes or establishments where the goods are taken by the operator of the vehicle onto private or public property. 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 permit for temporary private catering purposes and when 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 party. Any private property owner may host up to one mobile food unit at one time and sales to the general public are strictly prohibited under this section. D. A public or private entity may permit the operation of a mobile food truck(s) on their property 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. i. 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 days 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 up 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. E. A mobile food unit may not operate on City property including within City Parks without the prior written approval by the City. Mobile food units are otherwise prohibited in all other locations and may not operate at large in the City or on City right of ways. Page 38 of 70 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 operations must be exclusively operated by a IRS recognized 501 c. 3 charitable organization where a majority of all funds 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. G. 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 any 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 any required permits 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. 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 dates and wagon vendor permits will be for a period of one year but 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. Page 39 of 70 A. Wagon Vendors shall be required to first secure a City permit prior to operating in the City. A Wagon Vendor may operate on right of ways subject to the provisions found in 1401.05 B. 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 any 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 cream. 1401.06 Safety Requirements. Every applicant for a mobile food unit or a wagon vendor 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. Section 3. 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 276'day of March, 2018. CITY OF OAK PARK HEIGHTS Mary McComber, Mayor Attest: Eric Johnson,City Administrator Page 40 of 70 1 e Oak Park Heights Request for Council Action Meeting Date March 27, 2018 Time Required: 3 Minutes Agenda Item Title: Adopt 2018-2022 Antipipate4 Capital Improvement Plan Agenda Placement Consent Aeend.,---7 // Originating Department/Request on, Ci Administrator Requester's Signature Action Requested Ado t2018- 2 Anticipated Capital Improvement Plan Background/Justification(Pleasindicate if any previous action has been taken or if other public bodies have advised): Adopt 2018-2022 Anticipated Capital Improvements Plan;see attached memo and summary document. (Full hard copies have been provided separately and is also available at City Hall) Page 41 of 70 City of Oak Park Heights 14168 Oak Park Blvd. N•Box 2007.Oak Park Heights,MN 55082•Phone(651)439-4439•Fax(651)439-0574 March 27fh,2018 MEMO TO: Mayor and City Cou c11 b FROM: Eric Johnson, Cl st or RE: Anticipated Capital Im vements 2018-2022 Enclosed is a proposed Capital I provement Plan which does reflect the comments received at the various budget m tings and other goal setting elements. As in previous years, this document is not unilaterally binding on the City but does set forth some spending priorities for the foreseeable future and should be amended as deemed appropriate and timely by the City Council. Frankly, some of the expenditures will remain beyond the City's current funding capacity however are included so as to understand their relative importance compared with other items and how the City might alter its priorities. The CIP is a Planning tool and not a direct authorization to proceed with a given project. Staff is recommending adoption of the 2018-2022 Anticipated Capital Improvement Plan Page 42 of 70 City of Oak Park Heights, MN Capital Improvement Plan FY '18 thru FY'22 PROJECTS BY DEPARTMENT Department Project# Priority FY '18 FY'19 FY '20 FY'21 FY '22 Total General Government Computer:Replacements-Continuous Cycle GG 009 2 19,000 9,000 65,000 6,000 53,000 152,000 Replace High Capacity Copier/Scanner GG 012 3 18,000 18,000 Replace Delta ORCAweb Software-HVAC Controls GG 013 2 15,000 15,000 General Government Total 19,000 9,000 80,000 24,000 53,000 184000 Parks Install Trail-58th Str.to Upper Valley View Park PRK 001 5 200,000 200,000 Acquire DNR Property-Osgood Ave. PRK 002 5 500,000 500,000 Trail Segments to St Croix River PRK 003 5 250,000 250,000 Update Swager Park Playground PRK 004 5 75,000 75,000 Trail Maintenance PRK 008 1 20,000 20,000 20,000 20,000 20,000 100,000 Replace Park Fencing-Valley View&Swager PRK 015 2 150,000 150,000 Valley View Shelter-Replace PRK 016 5 450,000 450,000 Wood Bridge-Perro Creek PRK 017 5 100,000 100,000 Replace Autumn Hills Playground Equipment PRK019 5 100,000 100,000 Replace"Easement'Walking Trails(Brekke,Swag... PRK 020 4 70,000 70,000 Brekke Park Hockey Boards PRK 023 4 75,000 75,000 Swager Park Tennis Court-Resurface PRK 024 5 20,000 20,000 Park Shelter Oak Park Crossing PRK 025 2 375,000 375,000 Replace Brekke Park Lower Ball Field Backstop PRK 027 3 20,000 20,000 Park Entrance Signs PRK 028 3 25,000 25,000 Brekke Park Climbing Structure PRK 029 3 40,000 40,000 Trail Connection to Upper Playground-Brekke PRK 030 2 100,000 100,000 Trail Connections to Ballfields at Brekke Park PRK 031 3 100,000 100,000 Add Trail Connections OP Crossings to VV Park PRK 032 3 100,000 100,000 Add Drinking Fountain to Oak Park Crossing PRK 033 2 10,000 10,000 Add Swings to Oak Park Crossing Park PRK 034 2 30,000 30,000 Install Exercise Equipment Along Traillln Parks PRK 035 1 30,000 30,000 Deck Addition to East Side of Valley View Shelter PRK 036 3 30,000 30,000 Extend North Side of Valley View Shelter PRK 037 3 100,000 100,000 Trail Connection from VV Shelter thru Woods PRK 038 3 300,000 300,000 Trail Connection VV Shelter to North thru Ravine PRK 039 3 100,000 100,000 Update Park Management Plan PRK 040 1 17,000 17,000 Parks Total 57,000 280,000 95,000 295,000 2,740,000 3,467,000 .Police Replace SD#4705 2008 Fd.Expedition- VIN A33178 POL 01 1 35,000 35,000 Replace SD#4706 Fd Expedition-VIN A33177 POL 02 1 35,000 35,000 Replace SD#4704 Crown Vic-VIN#99X13170 POL 08 1 45,000 45,000 Replace SD#4703 2016Ford PPV SUV POL 10 1 44,500 44,500 Replace SD#4701 2016 Ford PPV SUV POL 11 1 44,500 44,500 Replacment of Police Computers-IN Squad POL 12 1 20,000 20,000 Police Radio Equipment-Replace Radios POL 13 1 47,000 47,000 Emergency Siren Update-Replacement fund POL 14 1 2,0002,000 Produced Using the Plan-It Capital Planning Software Page I Wednesaay,3 Orch741,2018 Department Project# Priority FY'18 FY '19 FY '20 FY '21 FY'22 Total Replace SD#4702 2017 Police Utilty Vehicle POL 15 1 45,000 45,000 Video Systems-Vehicles POL 16 2 24,000 14,000 38,000 Body Camera System and Software POL 17 3 5,000 5,000 Police Total 162,000 118,000 79,000 2,000 361,000 Public Works Replace 2010 Ford 350 Pickup-General Use PW 008 3 50,000 50,000 Replace Kubota Tractor$60,000 and Equip$30,000 PW 010 2 90,000 90,000 Wood Chipper PW 011 3 30,000 30,000 Replace Ford F550 Dump box truck PW 012 1 60,000 60,000 Update Management Plan Mapping PW 013 1 6,000 6,000 Public Works Total 6,000 30,000 200,000 236,000 Sewer Utility Replace Sunny Side Lift Station Sewer-005 1 750,000 750,000 Sanitary Sewer Lining-Continuous Sewer-006 2 25,000 25,000 25,000 75,000 Replace 9th Addition Lift Station Sewer-007 1 500,000 500,000 Update Sanitary Sewer Management Plan Sewer-008 1 23,000 23,000 Sewer Utility Total 798,000 25,000 525,000 1,348,000 Storm Sewer Utility Update Surface Water Management Plan STORM--001 1 39,000 39,000 Storm Sewer Catch Basin Rehabilitation STORM-003 4 40,000 40,000 MS4 Plan and Implementation STORM-004 1 23,000 23,000 Storm Sewer Utility Total 62,000 40,000 102,000 Streets Mill and Overlay Area 5 STREET-002 2 254,774 254,774 Mill and Overlay-Area 4 STREET-004 2 453,468 453,468 Mill and Overlay-Area 15 STREET-005 2 850,163 850,163 Mill and Overlay Area 3 STREET-006 2 251,117 251,117 Mill and Overlay Area 8 STREET-007 2 237,761 237,761 Mill and Overlay Area 6 STREET-009 2 416,574 416,574 Seal Coat Area C(2014 St Reconstruction Area) STREET-013 2 40,000 40,000 Streets Total 1,554,748 254,774 456,574 237,761 2,503,857 -------------------------------------------------------------- ___________._. Water Utility Kern Center to High School Loop Main WU 002 5 360,000 360,000 OakGreen to Osgood Loop Main WU 003 4 600,000 600,000 Osgood to Stagecoach Loop Main WU 004 4 600,000 600,000 Well#3-NEW WU 006 4 900,000 900,000 Water Storage Tank-NEW(Tank#3) WU 010 4 1,900,000 1,900,000 Water Meter Replacement Program WU 012 1 738,000 738,000 Well#2 Rehab WU 017 2 50,000 50,000 Chlorine/Chemical Booster or Feed Station WU 020 5 200,000 200,000 Update Water Management Plan WU 021 1 20,000 20,000 Water Utility Total 20,000 738,000 4,610,000 5,368,000 ...,............._.........,,a,,,,,..............,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,.,...,,,,,,.,,..,,.,,,,...,,,...,,,,,,,,,,,,,,,....................,.,.w...a....ww....uw................� GRAND TOTAL 2,516,748 521,000 1,510,774 854,574 8,167,761 13,570,857 Produced Using the Plan-!t Capital Planning Software Page 2 WednJsNy,%M79l,2018 tlY' Oak Park Heights Request for Council Action Meeting Date: March 27, 2018 Time Required: 1 min. Agenda Item Title: Approve JPA for Fuel Contract 2018 Agenda Placement: Consent Originating Department/Requestor: Oak Park Heights Po ' e Dept., Chief Brian DeRosier Requester's Signature Action Requested: JPA for Fuel Contract 2018 review and approval B ackground/Justification: Attached is the Joint Powers Agreement with Washington County for the police department to continue to purchase fuel under the MN contract prices and utilizing the Washington County Sheriff s office pumps. This year's bid price will be $2.05 per gallon. With the contract we lock in the price for the entire year. We do not have the option of using the contract price when it is lower and then not when the pump price is lower. The commitment is an averaged expected yearlong price speculated on the ups and downs seen at the pump. We commit to 750 gallons per month usage in which we use this as a minimum averaged out over the last several years history participating in the state fuel contract. This was verbally presented to Administrator Johnson and Finance Director Caruso who both recommended entering into the contract. Approval of the contract in the past has provided savings in the years since I started participation in the program. It would be reasonably expected to again save money given the average ups and downs during a normal year to again save the city money over commercial yearly pay at the pump prices. No guarantees. Page 45 of 70 Imh Office of the Sheriff ,:A County ` " Commitment to Exceffence Dan Starry Sheriff Brian R. Mueller Chief Deputy March 12, 2018 City of Oak Park Heights 14168 Oak Park Boulevard North PO Box 2007 Oak Park Heights,Minnesota 55082 To Whom It May Concern: Please find enclosed the Joint Powers Agreement Between the Washington County Sheriff's Office and the City of Oak Park Heights for fuel. There are two original signed agreements enclosed. Please sign both agreements,keep one for your records, and return the second signed agreement at your earliest convenience to: Washington County Sheriff's Office Attention: Jennifer Flores 1501562 nd Street North PO Box 3801 Stillwater, Minnesota 55082 Please contact me with any questions or concerns. Sincerely, Jennifer Flores Accountant II Washington County Sheriff s Office Phone: 651-430-7844 Email: Jennifer.Flores@.co.washington.mn.us Law Enforcement Center • 15015 62nd Street North—P.O. Box 3801, Stillwater, Minnesota 55082-3801 Phone: 651-430-7600 • Fax: 651-430-7603 • TTY: 651-430-6246 www.co.washington.mn.us Page 46 of 70 Equal Employment Opportunity/Affirmative Action WASHINGMN, U Contract Dept. Term JOINT POWERS AGREEMENT BETWEEN THE WASHINGTON COUNTY SHERIFF'S OFFICE AND THE CITY OF OAK PARK HEIGHTS POLICE DEPARTMENT THIS AGREEMENT is made by and between political subdivisions organized and existing under the Constitution and laws of the State of Minnesota. Washington County a political subdivision by and through its Sheriff's Office (hereinafter"Provider") and the City of Oak Park Heights Minnesota, a municipal corporation, by and through its City Police Department (hereinafter referred to as the "City") are the parties to this agreement. WHEREAS, Minnesota Statutes Section 471.59 provides that two or more governmental units may by Agreement jointly exercise any power common to the contracting parties. WHEREAS, the Provider has entered into a Minnesota State Fuel contract February 01, 2018 through January 31, 2019 Mansfield contract 77451 —2018 Fixed Fuel Program for Metro participants, whereby the Provider has agreed to purchase through a cooperative purchasing agreement, a total of 184,200 gallons -87 octane gasoline from February 01, 2018 through January 31, 2019. Specifically, 13,200 gallons per month for the months of February, March, November, December, and January 2019, 15,000 gallons in October and 17,200 gallons per month for the months of April, May, June, July, August, and September. WHEREAS, the Provider provides law enforcement services including but not limited to the patrol and rescue operations that utilizes squad cars, SUVs, boats, hovercrafts, snowmobiles, ATVs and assorted gasoline run equipment pursuant to the police powers and law enforcement authority granted under the laws of the State of Minnesota as a law enforcement agency. WHEREAS, the City is in need of procuring 750 gallons of gasoline each month to operate its squad cars and SUVs to provide law enforcement services pursuant to the police powers and law enforcement authority granted under the laws of the.State of Minnesota as a law enforcement agency. WHEREAS, at the request of the City, the Provider is willing to provide gasoline to the extent as identified in this Agreement to the City to assist the City with law enforcement services. NOW THEREFORE, pursuant to the authority contained in Minnesota Statute Section 471.59. commonly known as the Joint Powers Act which authorizes two or more governmental units to jointly exercise any power common to them and /or Minnesota Statutes Sections 626.76 and in consideration of the mutual covenant herein contain and the benefits that each party hereto shall derive hereby the Provider and City agree to the following terms and conditions: Page 47 of 70 CITY'S RESPONSIBILITIES 1. When needed for the City's daily operation of squad cars and SUVs, the City may have access to the Provider's gasoline pumps located at the LEC 15015 62nd Street, Stillwater MN. 2. The City's access to Providers gasoline pumps shall be through electronic access issued to each squad and officer that is employed by the City. 3. Any City law enforcement officer acting under this agreement is considered to be acting in the ordinary course of his or her employment with the City. 4. Any City law enforcement officer acting under this agreement shall continue to be covered by his or her employment agency for the purpose of worker's compensation, unemployment insurance, disability and any other employee benefits and for civil liability purposes. 5. No City law enforcement officer acting under this agreement may be considered for liability purposes as an employee of Provider or agent of Provider, for his or her actions regardless of the supervision or control over the officer's actions. PROVIDER'S RESPONSIBILITIES 1. The Provider will purchase a total of up to 184,200 gallons -87 octane gasoline from February 01, 2018 through January 31, 2019. Specifically, up to 13,200 gallons per month for the months of February, March, November, December, and January 2019, 15,000 gallons in October and 17,200 gallons per month for the months of April, May, June, July, August, and September. 2. Provider agrees that it will make available the amount of gasoline deemed necessary by the City for the City's law enforcement usage at its pumps located at the LEC located at 1501562 nd Street, Stillwater MN. 3. The Provider will notify the City if there is any interruption in availability of gasoline at the LEC pumps as reasonably soon as the Provider becomes aware and for what duration of time. During any time of interruption the City is responsible to find and pay for its own gasoline until such time that the availability of gasoline is restored at the pumps located at the LEC. 4. The cost of gasoline to the City will be at the Provider's rate of$2.0580 per gallon plus any applicable taxes and fees unless the total monthly gasoline usage is more than the Provider's purchased monthly amount of gasoline as stated in paragraph 1 of this section. Page 48 of 70 5. If the total monthly usage of gasoline is greater than the Provider's purchased monthly amount and the Provider obtains additional gasoline at a rate higher than $2.0580 per gallon. the Citv will be responsible for reimbursing the Provider at the higher rate charged to the Provider per gallon up to the amount of gasoline used by the City. TERM OF AGREEMENT The term of this agreement shall be from February 01, 2018 through January 31. 2019, the date of the signature of the parties notwithstanding, unless earlier terminated as provided herein. PAYMENT The City shall pay the Provider within 30 days of being invoiced for the City's gasoline usage. INDEPENDENT CONTRACTOR It will be agreed that nothing within the contract is intended or should be construed in any manner as creating or establishing the relationship of co-partners between the parties or as constituting the City as the agent, representative, or employee of the Provider for any purpose or in any manner whatsoever. ASSIGNMENT The City shall not assign any services contemplated under this agreement. INDEMNIFICATION The City agrees it will defend, indemnify and hold harmless the Provider, its officers and employees against any and all liability, loss, costs, damages, and expenses which the Provider, its officers, or employees may hereafter sustain, incur, or be required to pay arising out of the negligent or willful acts or omissions of the City in the performance of this agreement. INSURANCE REQUIREMENTS The City agrees that in order to protect itself, as well as the Provider, under the indemnity provisions set forth above, it will at all times during the term of this Agreement, keep in force the following insurance protection in the limits specified: 1. Maintain membership and participation in the Minnesota League of Cities Trust or Commercial General liability Insurance with contractual liability coverage in the amount of the City's and Provider's tort liability limits set forth in Minnesota Statute Section 466.04 and as amended from time to time. 2. Automobile coverage in the amount of the City's and Provider's tort liability limits set forth in Minnesota Statute Section 466.04 and as amended from time to time. 3. Worker's Compensation in statutory amount. Page 49 of 70 Prior to the effective date of this Agreement, the City will furnish the Provider, with certificates of insurance as proof of insurance. This provision shall be set as a condition subsequent; failure to abide by this provision shall be deemed a substantial breach of contract. Any policy obtained and maintained under this clause shall provide that it shall not be cancelled, materially changed, or not renewed without thirty days notice thereof to the Provider. DATA PRACTICES All data collected, created, received, maintained, or disseminated for any purposes by the activities of the contractor, because of this agreement, is governed by the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as amended, the Minnesota Rules implementing such Act now in force or as adopted, as well as federal regulations on data privacy. TERMINATION Provider or City may cancel this Agreement with or without cause at any time upon giving a 30 days written notice to the Washington County Sheriff or designee or the Oak Park Heights City Police Chief, City Administrator or designee. WASHINGTON COUNTY Oak Park Heights BY! DATE: Z 7Z6 BY: DATE: County Mrd Chair f BY: ATE: Coun A ministrator t BY:t� ✓ DATE: Sheriff Approv to as form: Asst County Attorney Page 50 of 70 WASHINGTON Contract # Dept. PIP Div.. 'u Terrn.4/1/lam - JOINT POWERS AGREEMENT BETWEEN THE WASHINGTON COUNTY SHERIFF'S OFFICE AND THE CITY OF OAK PARK HEIGHTS POLICE DEPARTMENT THIS AGREEMENT is made by and between political subdivisions organized and existing under the Constitution and laws of the State of Minnesota. Washington County a political subdivision by and through its Sheriff's Office (hereinafter"Provider") and the City of Oak Park Heights Minnesota, a municipal corporation, by and through its City Police Department (hereinafter referred to as the "City") are the parties to this agreement. WHEREAS, Minnesota Statutes Section 471.59 provides that two or more governmental units may by Agreement jointly exercise any power common to the contracting parties. WHEREAS, the Provider has entered into a Minnesota State Fuel contract February 01, 2018 through January 31, 2019 Mansfield contract 77451 — 2018 Fixed Fuel Program for Metro participants, whereby the Provider has agreed to purchase through a cooperative purchasing agreement, a total of 184,200 gallons -87 octane gasoline from February 01, 2018 through January 31, 2019. Specifically, 13,200 gallons per month for the months of February, March, November, December, and January 2019, 15,000 gallons in October and 17,200 gallons per month for the months of April, May, June, July, August, and September. WHEREAS, the Provider provides law enforcement services including but not limited to the patrol and rescue operations that utilizes squad cars, SUVs, boats, hovercrafts, snowmobiles, ATVs and assorted gasoline run equipment pursuant to the police powers and law enforcement authority granted under the laws of the State of Minnesota as a law enforcement agency. WHEREAS, the City is in need of procuring 750 gallons of gasoline each month to operate its squad cars and SUVs to provide law enforcement services pursuant to the police powers and law enforcement authority granted under the laws of the State of Minnesota as a law enforcement agency. WHEREAS, at the request of the City, the Provider is willing to provide gasoline to the extent as identified in this Agreement to the City to assist the City with law enforcement services. NOW THEREFORE, pursuant to the authority contained in Minnesota Statute Section 471.59. commonly known as the Joint Powers Act which authorizes two or more governmental units to jointly exercise any power common to them and /or Minnesota Statutes Sections 626.76 and in consideration of the mutual covenant herein contain and the benefits that each party hereto shall derive hereby the Provider and City agree to the following terms and conditions: Page 51 of 70 CITY'S RESPONSIBILITIES 1. When needed for the City's daily operation of squad cars and SUVs, the City may have access to the Provider's gasoline pumps located at the LEC 15015 62nd Street, Stillwater MN. 2. The City's access to Providers gasoline pumps shall be through electronic access issued to each squad and officer that is employed by the City. 3. Any City law enforcement officer acting under this agreement is considered to be acting in the ordinary course of his or her employment with the City. 4. Any City law enforcement officer acting under this agreement shall continue to be covered by his or her employment agency for the purpose of worker's compensation, unemployment insurance, disability and any other employee benefits and for civil liability purposes. 5. No City law enforcement officer acting under this agreement may be considered for liability purposes as an employee of Provider or agent of Provider, for his or her actions regardless of the supervision or control over the officer's actions. PROVIDER'S RESPONSIBILITIES 1. The Provider will purchase a total of up to 184,200 gallons -87 octane gasoline from February 01, 2018 through January 31, 2019. Specifically, up to 13,200 gallons per month for the months of February, March, November, December, and January 2019, 15,000 gallons in October and 17,200 gallons per month for the months of April, May, June, July, August, and September. 2. Provider agrees that it will make available the amount of gasoline deemed necessary by the City for the City's law enforcement usage at its pumps located at the LEC located at 1501562 nd Street, Stillwater MN. 3. The Provider will notify the City if there is any interruption in availability of gasoline at the LEC pumps as reasonably soon as the Provider becomes aware and for what duration of time. During any time of interruption the City is responsible to find and pay for its own gasoline until such time that the availability of gasoline is restored at the pumps located at the LEC. 4. The cost of gasoline to the City will be at the Provider's rate of$2.0580 per gallon plus any applicable taxes and fees unless the total monthly gasoline usage is more than the Provider's purchased monthly amount of gasoline as stated in paragraph 1 of this section. Page 52 of 70 5. If the total monthly usage of gasoline is greater than the Provider's purchased monthly amount and the Provider obtains additional gasoline at a rate higher than $2.0580 per gallon, the City will be responsible for reimbursing the Provider at the higher rate charged to the Provider per gallon up to the amount of gasoline used by the City, TERM OF AGREEMENT The term of this agreement shall be from February 01, 2018 through January 31, 2019, the date of the signature of the parties notwithstanding, unless earlier terminated as provided herein. PAYMENT The City shall pay the Provider within 30 days of being invoiced for the City's gasoline usage. INDEPENDENT CONTRACTOR It will be agreed that nothing within the contract is intended or should be construed in any manner as creating or establishing the relationship of co-partners between the parties or as constituting the City as the agent, representative, or employee of the Provider for any purpose or in any manner whatsoever. ASSIGNMENT The City shall not assign any services contemplated under this agreement. INDEMNIFICATION The City agrees it will defend, indemnify and hold harmless the Provider, its officers and employees against any and all liability, loss, costs, damages, and expenses which the Provider, its officers, or employees may hereafter sustain, incur, or be required to pay arising out of the negligent or willful acts or omissions of the City in the performance of this agreement. INSURANCE REQUIREMENTS The City agrees that in order to protect itself, as well as the Provider, under the indemnity provisions set forth above, it will at all times during the term of this Agreement, keep in force the following insurance protection in the limits specified: 1. Maintain membership and participation in the Minnesota League of Cities Trust or Commercial General liability Insurance with contractual liability coverage in the amount of the City's and Provider's tort liability limits set forth in Minnesota Statute Section 466.04 and as amended from time to time. 2. Automobile coverage in the amount of the City's and Provider's tort liability limits set forth in Minnesota Statute Section 466.04 and as amended from time to time. 3. Worker's Compensation in statutory amount. Page 53 of 70 Prior to the effective date of this Agreement, the City will furnish the Provider, with certificates of insurance as proof of insurance. This provision shall be set as a condition subsequent; failure to abide by this provision shall be deemed a substantial breach of contract. Any policy obtained and maintained under this clause shall provide that it shall not be cancelled, materially changed, or not renewed without thirty days notice thereof to the Provider. DATA PRACTICES All data collected, created, received, maintained, or disseminated for any purposes by the activities of the contractor, because of this agreement, is governed by the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as amended, the Minnesota Rules implementing such Act now in force or as adopted, as well as federal regulations on data privacy. TERMINATION Provider or City may cancel this Agreement with or without cause at any time upon giving a 30 days written notice to the Washington County Sheriff or designee or the Oak Park Heights City Police Chief, City Administrator or designee. WASHINGTON COUNTY Oak Park Heights BY:f� DATE BY. DATE: Count rd Chair BY: Coun IjAdrypinistrator I r BY: S. '--DATE: Sheriff Approve to as form: Asst County Attorney Page 54 of 70 Oak Park Heights Request for Council Action Meeting Date: March 27, 2018 Time Required: 5 min. Agenda Item Title: Mobile Field Force JPA& OPH P.D. Response Directive Agenda Placement:New Business Originating Department/Requestor: Oak Park Heights Police Dept., Chief Brian DeRosier Requester's Signature ~ Action Requested: Review for Acceptance of Both JPA and Response Directive Background/Justification: Several years ago, all agencies in Washington County began to organize and form a Mobile Field Force Team. This team has been trained in riot& crowd control techniques. Departments have individually equipped officers assigned to the team. OPH PD has one officer assigned to the team. The attached JPA for review provides legal protections and organizational structure to obtain insurance for the team. This does not alleviate the department from workers compensation, injury on duty issues, overtime, or other issues that legal staff would be able to further address with council. There will be annual costs per officer assigned to the team to secure the insurance. The insurance has been quoted as approximately$200 to $300 annually by the LMC. All Police Chiefs of team members will become part of the board deciding if any further costs will be assessed annually or left to those individual departments. I do not support any further significant annual costs for the team at this time. Historically police departments have always trained,prepared, and equipped officers for crowd control issues. I have done this with all members of the OPH P.D. as well. The formal MFF Team is a level above the basic trained officers. The team trains members in chemical/smoke/and other deterrents along with handling self-restrained persons and other advanced issues of crowd control and protests. I have attached an updated directive to the OPH PD policy manual. This is a directive rather than policy. The directive provides guidance in assessing the potential incidents and requesting assistance from the team. This also provides guidance from council for OPH PD response to requests for assistance both within the county and outside the county. As always,the intent is we would provide any and all assistance we reasonably can to a jurisdiction requesting assistance in emergency situations. The directive outlines OPH PD involvement when the team is requested outside the county for incidents not of an emergency nature. Since the team is not directly controlled by OPH we can only direct what our involvement in team requests will be. I have provided a copy of the JPA to LMC and our city attorney for review. LMC has indicated they will provide the insurance for the cities on the team. Both legal reviews have approved the JPA. Council is requested to review the JPA and OPH PD Directive's for further input by council and approve or deny them in kind or with changes. Page 55 of 70 JOINT POWERS AGREEMENT WASHINGTON COUNTY MOBILE FIELD FORCE THIS JOINT POWERS AGREEMENT(the "Agreement") is made by and between the political subdivisions organized and existing under the Constitution and laws of the State of Minnesota, hereafter collectively referred to as"Parties," and individually as"Party"who are responsible for public assembly responses in their respective jurisdictions. Whereas, Minnesota Statutes,Section 471.59 provides that two or more governmental units may by Agreement jointly exercise any power common to the contracting Parties or any similar powers; and Whereas, Minnesota Statutes,Section 626.76 provides that any appointive or elective agency or office of peace officers may establish rules or regulations and enter into agreements with other agencies and offices for: Assisting other peace officers in the line of their duty and within the course of their employment, and exchanging the agency's peace officers with peace officers of another agency or office on a temporary basis. Now therefore, in consideration of the mutual promises and Agreements contained herein and subject to the provisions of Minnesota Statutes, Sections 471.59, 626.76,and all other applicable statutes, rules, and regulations,the Parties agree as follows: Article 1 The Parties The Parties to this Agreement shall be the following governmental units: Washington County City of Cottage Grove City of Forest Lake City of Oak Park Heights City of Oakdale City of St Paul Park City of Stillwater City of Woodbury 1 Page 56 of 70 Article 2 Purpose The Parties desired to establish a highly trained and skilled Mobile Field Force Unit whereby they may jointly exercise powers common to law enforcement on issues requiring: 2.1 A response to public assemblies, including but not limited to,civil disturbances, protests, and riots. 2.2 A coordinated and formal framework for membership and personnel commitments, overall operations, available resources,general management,and liability issues consistent with the intent of the Agreement and the objectives of the Parties. 2.3 Other similar or related services, programs,and procedures as determined by the Board. Article 3 Name The name of this entity shall be the Washington County Mobile Field Force Unit("MFFU"). Article 4 Governance 4.1 Governing Board. A governing board shall be formed to oversee the operation of the MFFU (the "Board").The Board will be comprised of the chief law enforcement representing each of the respective Parties' primary law enforcement agency,or that person's respective designee. Board members shall not be deemed employees of the MFFU and shall not be compensated. 4.2 Terms. Board members shall serve at the pleasure of the appointing Party and maybe removed only by the appointing Party. 4.3 Meetings. The Board shall comply with Minnesota Statutes Chapter 13D(Open Meeting Law). 4.4 By-Laws. The Board may adopt bylaws to govern its operation.Such bylaws shall be consistent with the Agreement and applicable law. 4.5 Amendments. This Agreement may be amended in writing from time to time, upon agreement by the Parties. 4.6 Voting. Each Party to this Agreement shall have one vote at any meeting of the Board. Proxy votes are not permitted. The Board shall function by a majority vote of Board members present, provided that a quorum is present. 2 Page 57 of 70 4.7 Fiscal Agent. Washington County,through its Sheriffs Office,will act as fiscal agent for the MFFU unless otherwise specified by the Board.The fiscal agent may be authorized by the Board to hire employees or contact for services as necessary to carry out the functions of the MFFU. Article 5 Powers of the Board 5.1 General Powers. The Board is hereby authorized to exercise such authority and powers common to the Parties as is necessary and proper to fulfill its purposes and perform its duties. Such authority shall include the specific powers enumerated in this Agreement or in the bylaws. 5.2 Specific Powers. 5.2.1. Contracts. The Board may enter into contracts necessary for the exercise of its duties and responsibilities to govern the MFFU.The Board may take such action as is necessary to enforce such contracts to the extent available in equity or at law.Contracts let and purchases made pursuant to this Agreement shall conform to the requirements applicable to contracts required by law. 5.2.2 Expenses. The Board may incur expenses and make expenditures necessary and incidental to the effectuation of its purpose and consistent with its powers,within its approved budget. 5.2.3 Annual Budget. The Board shall adopt a budget on an annual basis. The annual budget shall include of funds received from the Parties, local law enforcement agencies,state grants,and other sources as approved by the Board. 5.2.4 Insurance. The Board must obtain and maintain liability insurance in amounts not less than the statutory liability limits established under Minn Stat.Ch.466 and may obtain other insurance it deems necessary to insure the Parties,the Board, its members and employees of the Parties for actions arising out of this Agreement, including, but not limited to extended reporting period coverage upon termination. With respect to employees of Parties who have responded to a request for assistance,they will be deemed to be taking actions arising out of this Agreement from the time they received a request for assistance pursuant to this Agreement and commence traveling to the location where assistance is to be provided until the decision had been made to recall the employees. This provision may be satisfied by entering into an agreement with a governmental insurance trust entity 3 Page 58 of 70 5.2.5 Officer assignments. The Board shall have the power and authority to determine guidelines, expectations,and procedures of a Party's assigned officer and a Party's agency. 5.2.6 The Board may contract with any Party to provide budgeting, accounting,and administrative services necessary or convenient for the Board.Such services may include but not be limited to: management of all funds, payment for contracted services and other purchases, relevant bookkeeping and record keeping, records management, training registrations, and purchase of equipment. 5.2.7 All powers granted herein shall be exercised by the Board in a fiscally responsible manner and in accordance with the requirements of law.The purchasing and contracting requirements of the Party providing and accounting services shall apply to the Board. 5.2.8 The Board may disburse funds in a manner which is consistent with this Agreement and with the method provided by law for the disbursement of funds by the Party under contract to provide budgeting and accounting services. 5.2.9 The Board may apply for and accept gifts,grants or loans of money or other property (excluding real property)or assistance from the United States government,the State of Minnesota, or any person, association,or agency for any of its purposes:enter into any agreement in connection therewith,and hold, use and dispose of such money or other property and assistance in accordance with the terms of the gift,grant or loan relating thereto. 5.2.10 The Board may cooperate with other federal,state, and local law enforcement agencies to accomplish the purpose for which it is organized. 5.2.11 The MFFU does not have the authority to seize property for the purpose of Minn.Stat. § 609.531.5318. 5.2.12 The Board may retain or use legal counsel to advise the Board and provide civil legal services. 5.2.13 Any other municipality within Washington County or any municipality or county adjacent to Washington County may become a party to this Agreement upon approval of the Board,adoption or a resolution by the entity's governing body,execution of this Agreement, and filing of the same with the chair of the Board. Article 6 Indemnification and Hold Harmless 4 Page 59 of 70 6.1. Liability Limits. The MFFU shall be considered a separate and distinct public entity to which the Parties have transferred all responsibility and control for action taken pursuant to this Agreement. To the full extent permitted by law,actions by Parties pursuant to this Agreement are intended to be and shall be construed as a "cooperative activity" and it is the intent of the Parties that they shall be deemed a "single governmental unit"for the purpose of liability, as set forth in Minnesota Statutes, Section 471.59,subd. 1,and provided further that for purpose of that statute,each Party.The Parties to this Agreement are not liable for the acts or omission of another Party to this Agreement except to the extent they have agreed in writing to be responsible for the acts or omissions of the other Parties. 6.2 Indemnification and Hold Harmless. The MFFU shall fully defend, indemnify,and hold harmless the Parties against all claims, losses, liability,suits,judgments, costs,and expenses including attorney fees, arising out of the acts or omissions of the MMFU in carrying out the terms of this Agreement. Nothing herein shall be construed to provide insurance coverage or indemnification to an officer, employee,or volunteer of any member for any act or omission for which the officer,employee,or volunteer is guilty of malfeasance in office,willful neglect of duty,or bad faith. This Agreement to indemnify and hold harmless does not constitute a wavier by any Party of any of the limitations on liability provided under Minnesota Statutes,Section 466.04. 6.3 Any excess or uninsured liability shall be borne equally by all members, but this does not include the liability of any individual officer,employee, or volunteer that arises from his or her own malfeasance,willful neglect or duty, or bad faith. Article 7 Data Practices 7.1 Notwithstanding Minnesota Statutes,Section 13.82,subd.24 or any other provision of law the Parties agree that for purposes of the Minnesota Government Data Practices Act and all other statutes and provision of law related to data practices,data management and records retention, each Party shall remain the exclusive responsible authority,for its own data management,for responses to data requests and for all aspects of records retention for any and all data that is collected,created, received, maintained or disseminated by the Party as a result of an activity arising out of this Agreement. Article 8 Operations 8.1 Deployment. 8.1.1 Requests for Assistance. Whenever a Party, in its sole discretion, determines that conditions within its jurisdiction cannot be adequately addressed by that jurisdiction's personnel and resources because of an incident, the Party may request, in accordance 5 Page 60 of 70 with policies and procedures of the governing board,that the MFFU deploy a MFFU team to assist the Party's jurisdiction. Upon a request for assistance, a MFFU team may be dispatched to the requesting Party, in accordance with policies and procedures of the governing board. A Party may decline to make its personnel available in response to any such request. Failure to provide assistance in response to a request made pursuant to this Agreement will not result in any MFFU liability. The Commander will report to the Board quarterly regarding any assistance provided to a Party pursuant to this Agreement. The Commander or an Assistant Commander may at any time and in his/her, sole judgment recall the team. The decision to recall a team provided pursuant to this Agreement will not result in liability to the MFFU, any party, or to the Commander or Assistant Commander who recalled the team. 8.1.2 Direction and Control. Personnel and equipment provided pursuant to this Agreement shall remain under the direction and control of the Party providing the same and also to the tactical control of the Incident Commander. 8.1.3 Compensation. When the MFFU provides services to a requesting Party,the personnel of the MFFU shall be compensated by their respective employers just as if they were performing the duties within and for the jurisdiction of their employer. No charges will be levied by the MFFU or by the Parties for specialized response operations provided to a requesting Party pursuant to this Agreement. 8.1.4 Workers'Compensation. Each Party to this Agreement shall be responsible for injuries to or death of its own employees in connection with services provided pursuant to this Agreement. Each Party shall maintain workers'compensation coverage or self-insurance coverage,covering its own personnel while they are providing assistance as a member of the MFFU. Each Party to this Agreement waives the right to sue any other party for any workers' compensation benefits paid to its own employee or their dependents, even if the injuries were caused wholly or partially by the negligence of any other party or its officers, employees or agents. 8.1.5 Damage to Equipment. Each Party shall be responsible for damage to or loss of its own equipment occurring during deployment of the MFFU. Each Party waives the right to sue any other Party for any damages to or loss of its equipment, unless the damages or losses were caused wholly or partially by the negligence of any other Party or its officers, employees or agents. Article 9 Term The term to this Agreement shall be effective only when all of the Parties have signed this Agreement. Upon commencement,the Washington County Sheriff shall notify the members in 6 Page 61 of 70 writing of the effective date of this Agreement.This Agreement shall continue in effect until terminated in accordance with its dissolution terms. Article 10 Withdrawal and Termination 10.1. Withdrawal. A Party may withdraw from the MFFU by notifying the Chair in writing, providing a 120-day notice. Withdrawal by any Party shall not terminate this Agreement with respect to any Parties who have not withdrawn. 10.2. Effective Date and Obligations. Withdrawal shall be effective on the date approved by the Board. A withdrawing Party may reclaim any equipment it initially contributed to the MFFU when it first joined the MFFU.A withdrawing Party shall have no claim to any property or assets purchased or acquired by MFFU during the term of the Agreement or to any refund of a financial contribution made to MFFU. Withdrawal shall not discharge any liability incurred by any Party prior to withdrawal. Such liability shall continue until discharged by law or Agreement. 10.3. Removal of Officer. When,and if,an assigned Officer is removed from the MFFU, all MFFU equipment shall be promptly returned to the issuing Party. 10.4. Termination.This Agreement shall remain in force until terminated by the Board,following approval for the Agreement termination from each Party's governing body.The termination date for this Agreement will take effect 120 days after the date of the vote. 10.4.1. Effects of Termination. Termination shall not discharge any liability incurred by the Board or by the Parties during the term of the Agreement. 10.4.2. Financial obligations shall continue until discharged by law,this Agreement or any other agreement. 10.4.3. Property,funds,or assets acquired by the MFFU during the term of the Agreement will be dispersed according to the process outlined in the bylaws. Article 11 Counterparts This Agreement may be executed in two or more counterparts,each of which shall be deemed an original, but all of which shall constitute one and the same instrument. 7 Page 62 of 70 IN WITNESS WHEREOF,the Parties, by action of their governing bodies,or their authorized designees, have caused the agreement to be executed in accordance with the authority of Minnesota Statutes,Section 471.59. Washington County Approved as to form and execution: By County Attorney/Date Chair of Board Date of Signature By County Administrator Date of signature Cottage Grove Approved as to form and execution: By City Attorney/Date Mayor Date of Signature Attest City Clerk Forest lake Approved as to form and execution: 8 Page 63 of 70 By City Attorney/Date Mayor Date of Signature Attest Clerk to the Board Oak Park Heights Approved as to form and execution: By City Attorney/Date Mayor Date of Signature Attest City Clerk Oakdale Approved as to form and execution: By City Attorney/Date Mayor Date of Signature Attest City Clerk St Paul Park Approved as to form and execution: 9 Page 64 of 70 By City Attorney/Date Mayor Date of Signature Attest City Clerk Stillwater Approved as to form and execution: By City Attorney/Date Mayor Date of Signature Attest City Clerk Woodbury Approved as to form and execution: By_ City Attorney/Date Mayor Date of Signature Attest City Clerk 10 Page 65 of 70 Directive#500 Oak Park Heights Police Department Manual Re: Initial Patrol Response to Assemblies or Protests/ MFF Team Requests Effective Date: 12-10-2017 Revision Dates: April 2018 Goal: Provide guidelines for officers and the department in responding to assemblies, demonstrations, and civil disobedience.The guidelines should provide balance between the rights of participants and ensuring participants do not violate the rights of others or cause violence or damage to property. This directive outlines guidelines for requests for and OPH PD participation in Washington County Multiagency Mobile Field Force Team. Initial Patrol Officer Response to Assemblies or Protests Considerations: Officers will assess the type of gathering or assembly to determine the appropriate response. Is the situation peaceful? Does it have the potential for violence?Officers need to assess and take into consideration the 11t Amendment Rights of those involved and the rights of the community. MSS 609.705 and 609.715 address when an assembly may become unlawful and its participants subject to arrest.Officers will familiarize themselves with these statutes prior to responding to an assembly. Initial Response: ✓ Initial responding officers will assess the type of assembly that is occurring.Gather intelligence of the group and what they are protesting. Is the group known for violent or disruptive protests? Activate Body Worn Camera,capture video of event and participants. ✓ Chief of Police and Sergeants will be notified as soon as practically possible of all demonstrations. ✓ If a large-scale assembly is occurring,additional support from surrounding agencies will be requested to assist.The Chief of Police or sergeant will determine whether the multi-agency mobile field force will be requested. ✓ The environment where the assembly is occurring will be assessed. Factors to be considered are hazards to both participants and responding law enforcement.These hazards include weather,traffic,geography, and any other potential hazards identified by law enforcement on scene. ✓ Safety regarding roadways/traffic flow must be evaluated.Should adjacent roads be temporarily shut down or rerouted? ✓ Direct responding assisting officers to where they're needed until you're relieved by the Chief of Police or Sergeant who arrives on scene. Page 66 of 70 ✓ Keep supervisors updated on changing conditions until they are able to respond to the scene. ✓ Establish a command location that overlooks the location if possible. Consider a staging area for other LE agencies. Establish security for both areas if not the same area. Mobile Field Force Team Requests and OPH Police Participation 1. Request for Mobile Field Force Team: The Chief of Police or designee will evaluate the assembly or protest to determine the need for assistance of the team. Considerations for activation of the team will be size, demeanor, activity, known history of the group,cooperation of the group, period of disruption to the community,expected/estimated continuance of the disruption, legal and illegal conduct of the group,along with the expectations of what the resulted use of the team would be. 2. OPH P.D.Assignment of Personnel to the MFF Team The Oak Park Heights City Council by entering into the Joint Powers Agreement for participation and utilization of the MFF Team evaluated the overall considerations of participation of the Oak Park Heights Police Department in that team. City Council agrees that the Oak Park Heights Police Chief will have authority to direct and assign police personal to the team as an ongoing assignment. This assignment is at the sole discretion of the Chief of Police. More officers may be assigned temporarily as needed or requested for a given incident. OPH P.D.generally maintains that all officers are trained in crowd control tactics. City Council agrees that requests by other agencies for use of the team and participation of the assigned members of OPH P.D.will be accommodated as reasonably can be while maintaining the continued operations of the police department, however the city reserves the right to not respond with the team or officers. A. Emergency Requests: OPH City Council agrees the Chief of Police or their designee may deploy members of the OPH P.D.with the team at any time the Chief or their designee determines the request for participation in the team is an emergency request. Considerations of what an emergency request is can include: ongoing damage to property, injury to persons,dangerous and illegal activity causing continued and ongoing harm to a community. Emergency request process is not specifically dictated by authority or rule of state statute. Requests within Washington County: OPH P.D.will make all reasonable attempts to assist requests within Washington County in emergency incidents and nonemergency incidents.The deployment determination will be made by the Chief of Police or their designee. Page 67 of 70 Nonemergency requests would include but are not limited to: Marching protests or demonstrations of a peaceful manner too large for the local agency to handle, labor disputes,static protests or demonstrations too large for the local agency to control while maintaining safety of the persons involved and those of the community. Requests Outside Washington County: Requests for immediate OPH P.D. participation in a team deployment outside Washington County will be considered in emergency situations as determined by the Chief of Police or their designee. Requests for support with ongoing or anticipated incidents which are not being deemed an emergency, or for ongoing and extended periods,should not be honored without prior review of the event and the intended use of the team by the Chief of Police. Council approval should be sought if reasonably possible. If participation outside the county is ordered by the Chief of Police in emergency situations,that participation should only be until the situation has been stabilized and the requesting agency is able to secure other means to address the ongoing situation. Any consideration for response will include but are not limited to those criteria listed above as emergency circumstances along with others. Elements to consider but not limited to are: preparation or advanced notice and planning time of the requesting agency,what requests have already been made and the ability of other agencies at the location of the incident and nearer than OPH P.D., assistance request from the State Operations Officer, MN National Guard, exhaustion of already deployed resources.Consideration will be given to distance from OPH and other logistics in determining OPD PD ability to deploy as part of the team. Page 68 of 70 0- - Oak Park Heights Request for Council Action Meeting Date _ March 27, 2018 Time Required: 3 Minutes Agenda Item Title: Set Worksession 4/10/18—City 2018 Audit R orts Agenda Placement New Business Originating Department/Req u for E ' son Citv Administrator Requester's Signature Action Requested Discussio ossible Action Background/Justification(P ase indicate if any previous action has been taken or if other public bodies have advised): Auditor,David Mol from the City's Auditing firm—REDPATK will be available to meet with the City Council provide a more detailed review of the City's 2018-Annual Audit and General Management Reports. Typically,the Council accepts this data in a Worksession and if that remains desirable,the Council could to set this work session at 5:30 PM on 4/10/18 for such overview. (NOTE:Dave Mol,then ALSO provides a summary at the regular City Council meeting) Page 69 of 70 THIS PAGE INTENTIONALLY LEFT BLANK Page 70 of 70