HomeMy WebLinkAbout04-10-2018 Worksession packet City of Oak Park Heights Worksession
Date: Tuesday, April 10, 2018
Time: 5:00 p.m.
Location: Oak Park Heights City Hall
1. Call to Order
2. 2017 Audit Report—Mr. David Mol
3. Accessory Structures Temporary
4. 2018 Goals
5. Just Transition Fund---Possible Update from Mayor McComber
6. Adjourn
Page 1 of 34
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
April 5,2018
MEMO
TO: Mayor and City Cou cil mb
FROM: Eric Johnson,City Ad
RE: Worksession for 0118
As follows are the anticipated items he session on 4110118
1. 2017 Audit Report
City Auditor from Redpath—Mr.David Mol will be present to provide a synopsis and review of the City's
2017 Audit Report. Enclosed with this packet is the general Power Point presentation that he would be
willing to present at the regular City Council meeting and is a good summary. Full copies of the Audit
and Management Letter have been placed in your mailboxes here at City Hall.
2. Accessory Structures—Temporary
Council Member Swenson would like to discuss the concept of allowing a more extended use of the
TEMPORARY STORAGE STRUCTURES as outlined and limited to 50 days in City Ord.401.15 D. 11.
Perhaps,via public process of some form and if kept in good repair,these could remain on site longer.
3. 2018 Goals
Enclosed is an updated listing of the 2018 goals as set by the City Council in January.At the
Worksession,staff will provide further update and discussion of the remaining items.
NOTE: One of these items is the entrance signage to the City—enclosed are some items for
further discussion including a required resolution for MNDOT, limited use permit from MNDOT and
sample size and concept image from Rivard Stone and is estimated at$3,700. Note:foundation and
installation costs are not known. I suppose once we have some warmer weather and dry lands to look
at we could know more about exact placement?
Page 2 of 34
2017 Audit Review
April 10,2018
David Mol, CPA
Partner
Phone: 651.407.5803
Email: dmol@redpathcpas.com
i
J
AND COMPANY
Page 3 of 34
Reports Issued by Auditor
Opinion on the Fair Presentation of the Financial Statements
Report on Internal Controls
Report on Minnesota Legal Compliance
Audit Management Letter / Communication to Those Charged
with Governance
AND COMPANV
Page 4 of 34
Opinion on Financial Statements
What did we do?
Audited the financial statements, which are the responsibility of
management.
How did we do it?
• Audit Standards
- GAAS (AICPA)
GAGAS (GAO)
Plan and perform the audit to obtain reasonable assurance about
whether the financial statements are free of material misstatement.
What is the result?
A "clean" opinion was issued on the 2017 financial statements.
AND COMRANV
Page 5 of 34
Report on Internal Controls
What did we do?
We gained an understanding of internal controls in place and
their effectiveness in order to design our audit procedures for
expressing an opinion on the financial statements.
How did we do it?
Obtain understanding of controls on each major class of
transaction and account balance.
Select a sample of transactions and perform detailed tests to
determine adherence to controls in place and effectiveness.
What is the result?
No findings on internal control over financial reporting.
d
AND COMPANY
Page 6 of 34
Report on Minnesota Legal Compliance
What did we do?
Followed the audit guide published by the Office of the State Auditor. The
guide consists of seven sections:
Depositories of public funds and investments
Conflicts of interest
Public indebtedness
Contracting bid laws
Claims and disbursements
Miscellaneous provisions
- Tax increment
How did we do it?
• Select sample of transactions to test for compliance with statutory provisions.
What is the result?
• No items of noncompliance noted.
A N D !C O M P A N V
Page 7 of 34
Communication to Those Charged with Governance
Accounting policies used and/or changed.
• No changes for 2017
Accounting estimates in the financial statements.
Net Pension !lability($1,887,000)
No difficulties encountered in performing the audit.
No disagreements with management.
Other Matters
• More changes in accounting standards on the way.
Financial indicators
Property tax collection rate—99%for 2017
Assessment collection rate—95%for 2017
General Fund Balance at December 31, 2017 sufficient to meet the Reserve policy
Water and Sewer Funds—rates generated sufficient revenue to meet operating
expenses and desired transfers to other funds
AND O M PAN Y
Page 8 of 34
Property Values (Tax Capacity)
CITY OF OAK PARK HEIGHTS
2007 2012 2017
Percent of Percent of Percent of
Amount City Total Amount CityTotal Amount City Total
Real estate:
Agricultural $8 0.0% $825 0.0% $51,070 0.4%
Seasonal 1,979 0.0% 31072 0.0% 1,711 0.0%
Residential homestead 2,332,924 27.5% 1,840,803 18.1% 2,061,839 17.9%
Residential nonhomestead 983,149 11.7% 1,084,639 10.6% 1,817,336 15.8%
Commercial/industrial 3,328,632 39.4% 3,562,100 35.0% 3,066,367 26.8%
Public utility 1,733,703 20.5% 3,599,104 35.3% 4,401,366 38.3%
Railroad 3,278 0.0% 5,096 0.1% 10,096 0.1%
Total real estate 8,383,673 99.1% 10,095,639 99.1% 11,409,785 99.3%
Personal property 88,065 1.0% 90,840 0.9% 93,894 0.8%
Total tax capacity $8,471,738 100.1% $10,186,479 100.0% 11503 679 100.1%
® �
7
AND COMPANV
Page 9 of 34
Financial Results
Increase
(Decrease)in Fund Balance/
Revenue Expenditures Fund Balance/ Net
and Other and Other Transfers Net Position
Fund Sources Uses Net Position 12/31/2017
General $5,917,000 $3,556,000 ($2,529,000) ($168,000) $4,842,000
Special Revenue Funds 226,000 180,000 - 46,000 (198,000)
Debt Service Funds 159,000 1,029,000 779,000 (91,000) 1,097,000
Capital Project Funds 401,000 1,666,000 2,433,000 1,168,000 14,448,000
Enterprise Funds 2,017,000 1513 000 (683,000) 179 000 13,804,000
Total 8720,000 $7 944 000 0 $776,0010 $33,993,000
AND COMPANY
Page 10 of 34
General Fund
Budget Actual Variance
Revenue $5,640,000 $5,909,000 $269,000
Expenditures 3,942,000 3,556,000 (386,000)
Revenue over expenditures 1,698,000 2,353,000 655,000
Other financing sources (uses):
Sale of Property - 8,000 8,000
Transfers in - -
Transfers out (1,698,000) (2,529,000) (831,000)
Total other financing sources (uses) (1,698,000) (2,521,000) (823,000)
Net change in fund balance $0 ($168,000) 168 000
9
AND ",COM PANY
Page 11 of 34
General Fund Balance
December 31,
Constra i nt 2016 2017
Nonspendable:
Prepaid items $63,813 $71,178
Assigned for:
Employee benefits 140,000 171,000
Unassigned:
Cash flow reserve 2,365,000 2,426,000
General contingency reserve 846,000 871,000
Snow Plow reserve 137,000 140,000
Tax petition adjustments - 65,000
Rema i ni ng ba I a nce 1,458,519 1,098,270
Subtotal -unassigned 4,806,519 4,600,270
Total fund balance $5,0106332 $4,842,448
10
AND CC)M PAN V
Page 12 of 34
General Fund Reserves
General Fund Monthly Cash BaLaxs
$4.600,000
84,400,000
$4.200.000
94,000,000 51,3188,700
53,=0 000 decles,e
83,60Q000
83,400,000
$3,200,000
$3,000,000
$2.OD0.000
$2,600,000
$2.400,000 —
$2.2o0.aoo
$2,000,000
81,8800,000 — —
$1.600.000 -- —
$1.400000 _
$1.200.000 _ —
$1.000.000
$8800,000 _
9600.000 —
9400,000 —
$200,000 — —
IlY91P2016 ]731Q017 79/02017 9/91/1017 4f9WID1T !/97/!017 (900:017 7!91/2017 0l91RO17 9CJtll2C;7 :601!20;7 11l90720I7 i7'A1JZ617
C7C�h OM20,679 ib917,171 i2,On.790 09,790,7A 09,614,091 a.127.n0 !9.701,011 0!,17$97 p,ln,9f! N�69,T70 i1p70,Mi! a,RT,9r9 >;4,937,979
AND COMPANY
Page 13 of 34
General Fund Balance
$6,000,000
$5,000,000 - — --�
$4,000,000
I
$3,000,000
$2,000,000
Actual Fund Balance
$1,000,000
f MicAmuo-ra Fuad 8aiame per
policy
$0
2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017
12
AND � C O M PAN Y
Page 14 of 34
Water Utility
$1,200,000
$1,000,000 -
$800,000
$600,000
$400,0$0
$200,000 Ll 1 7
R .
s
2011 2012 2013 2014 2015 2016 2017
AND COMPANY
Page 15 of 34
Sewer Utility
$1,200,000
$1,000,000 r-E
$800,000
y 'I I ODgne�
O]Y�odc W
®ltralfarin
$600,000
p»,
$400,000
$208000
S
2011 2012 2013 2014 2015 2016 2017
14 AND COMPANY
Page 16 of 34
Storm Sewer Utility
$100,000
$90,000
$80,000
$70,000
$60.000 _
oam�w
SAH OThrEapo�
$50,000
F.Md and=
$40,000
$30,000
520,000
$10,000
5-
2011 2012 2013 2014 2015 2016 2017
ANO ... M :'ANY
Page 17 of 34
1) The proposed building maintains the quality and value intended by the
Ordinance.
2) The proposed building is compatible and in harmony with other
existing structures within the district and immediate geographic area.
3) The provisions of Section 401.03.A.8 of this Ordinance are
considered and determined to be satisfied.
39 401.15.D. Accessory Buildings, Uses and Equipment.
1. Connection with Principal Building: An accessory building shall be considered
an integral part of the principal building if it is connected to the principal building by a
covered passageway.
212. Location. No accessory buildings shall be erected or located within any required
yard other than the rear yard except by approval of a conditional use permit
according to the provisions of Section 401.03 and Section 401.15.D.13 of this
Ordinance.
21,393. Height/Setbacks. Accessory buildings shall not exceed twenty(20)feet in height
or exceed the height of the principal structure on the lot. Accessory buildings shall
be five (5)feet or more from side lot lines, eight(8)feet from the rear lot line, and
shall be six (6) feet or more from any other building or structure on the same lot.
Accessory buildings may be closer than six(6)feet to other buildings or structures
providing the requirements of the Building Code are met.Accessory buildings shall
not be located within a utility and/or drainage easement unless written approval is
obtained from the easement holder. The setback and height requirements under
this provision may be varied by approval of a conditional use permit as provided for
in Section 401.03 and Section 401.15.D.13 of this Ordinance.
214. Lot Coverage. No accessory building or detached garage or combination thereof
within a residential district shall occupy more than twenty-five (25) percent of the
area of the rear yard except by approval of a conditional use permit according to the
provisions of Section 401.03 and Section 401.15.D.13 of this Ordinance.
115. Number of Structures. No building permit shall be issued for the construction of
more than one (1) private garage or storage structure for each detached single
family dwelling, commercial, industrial, public or institutional building except by
approval of a conditional use permit according to the provisions of Section 401.03
and 401.15.D.13 of this Ordinance. Every detached single family dwelling unit
erected after the effective date of this Ordinance shall be so located on the lot so
that at least a two (2) car garage, either attached or detached, can be located on
said lot.
15-24
Page 18 of 34
39 6. Size. No accessory building for single family dwellings or combination of attached
and detached accessory buildings shall exceed one thousand,two hundred(1,200)
square feet of floor area,except by conditional use permit as provided for in Section
401.03 and Section 401.15.D.13 of this Ordinance.
7. Administrative Approvals. Storage buildings one hundred twenty(120) square
feet or less and in conformance with the provisions of this Ordinance may be
approved by the Building Official without a building permit, and may be in excess of
the number of structures allowable in Section 401.15.D.5. above.
218. Building Permit. No building permit shall be issued for the construction of an
accessory building in a residential district when an existing detached garage or
other accessory building is located on the same lot,except by conditional use permit
as provided for in Section 401.03 and Section 401.15.D.13 of this Ordinance.
9. Accessory Uses. No accessory uses or equipment such as air conditioning
cooling structures or condensers, swimming pools, and the like which generate
noise may be located in a side yard except for side yards abutting streets where
equipment is fully screened from view.
3910. Compatibility. The same or similar quality exterior material shall be used in the
accessory building and in the principal building except as allowed as a temporary
structure in Section 401.15.D.11 of this Ordinance. All accessory buildings shall
also be compatible with the principal building on the lot. "Compatible" means that
the exterior appearance of the accessory building including roof pitch and style is
not at variance with the principal building from an aesthetic and architectural
oint.
3911. Temporary Accessory Structures. Temporary accessory structures shall be
allowed in all zoning districts with the issuance of a special event permit for a
maximum of 50 days in a calendar year, subject to the following:
a. The structure shall be securely fastened to the ground, subject to the safety
requirements of the manufacturer.
b. The structure shall be kept in good condition and its appearance shall not be
detrimental to the area or its adjacent properties.
C. The temporary use does not involve the erection of a substantial structure or
require any other permanent commitment of the land.
d. The temporary structure shall be removed at the end of the permit period. If
not removed within 10 days thereafter,the City shall have the right to remove
the structure at the permittee's expense.
12. Trash Receptacles. All buildings having exterior 1 receptacles shall provide an
enclosed area in conformance with the following:
15-25
Page 19 of 34
a. Exterior wall treatment shall be similar and/or complement the principal
building.
b. The enclosed trash receptacle area shall be located in the rear or side yard.
C. The trash enclosure must be in accessible location for pick up hauling
vehicles.
d. The trash receptacles must be fully screened from view of adjacent
properties and the public right-of-way.
e. The design and construction of the trash enclosure shall be subject to the
approval of the Zoning Administrator.
13. Conditional Use Permits. Application for a conditional use permit under this sub-
section shall be regulated by Section 401.03 of this Ordinance. Such a conditional
use permit may be granted provided that:
a. There is a demonstrated need and potential for continued use of the
structure for the purpose stated.
b. In the case of residential uses, no commercial or home occupation activities
are conducted on the property.
C. The building has an evident re-use or function related to the principal use.
d. Accessory building shall be maintained in a manner that is compatible with
the adjacent residential uses and does not present a hazard to public health,
safety and general welfare.
21 e. The reduction of setback requirements is based upon a specific need or
circumstance which is unique to the property in question and which, if
approved, will not set a precedent which is contrary to the intent of this
Ordinance.
21 f. Existing property line drainage and utility easements are provided for and no
building will occur upon this reserved space unless approved in writing by the
easement holder.
21 g. The reduction will work toward the preservation of trees or unique physical
features of the lot or area.
21 h. If affecting a north lot line, the reduction will not restrict sun access from the
abutting lots.
15-26
Page 20 of 34
21,39 i. The building height of an accessory building shall not exceed twenty (20)
feet.
21,39 j. Accessory buildings or detached garages or combination thereof within a
residential district shall not occupy more than twenty-five(25)percent of the
rear yard.
k. The provisions of Section 401.03.A.8 of this Ordinance shall be considered
and a determination made that the proposed activity is in compliance with
such criteria.
401.15.E. Fencing, Screening and Landscaping.
1. Building Permit. No person shall hereafter construct or cause to be constructed
or erected within the City of Oak Park Heights, any fence without first making an
application for and securing a building permit.
23,352. Application Requirements. Each application for a permit under this section shall
be submitted to the Zoning Administrator on forms provided by the City. Each such
application shall include a site plan drawn to scale showing the location of house(s),
garage(s), and other improvements on the lot and the location of the fencing to be
erected, altered or relocated. A certificate of survey shall be required for all fences
(including hedges and plantings) to be constructed up to or on the property line,
unless:
a. Property stakes on the affected property lines are first located and marked
by a licensed and registered Minnesota surveyor.
b. Or, an agreement is reached between the property owners as to the
accepted or property line.
3. General Provisions. All fences within the City shall be subject to the following
general provisions:
a. No fences shall be placed on or extend into the public rights-of-way.
b. All fences shall be located entirely upon the property of the person
constructing or causing the construction of such fence.
C. That side of any fence considered to be its "face" (i.e., the finished side
having no structural supports) shall face abutting property.
d. Both sides of any fence shall be maintained in a condition of reasonable
repair and appearance by its owner and shall not be allowed to become and
remain in a condition of disrepair or danger, or constitute a nuisance, public
or private.
15-27
Page 21 of 34
Vo
32 M
le � :via
N 98s EOeF l g f v-
`� roe)22
es Ra
J 1i. El SM
c.E S C
C�
E - E
Vey
a
D = * 9 a=a y t•1 D E
y.
a
c
c8 29 gam`
y� ?a .-6all
g9z 8 W• 5 '� s ; Y
d s g z O E 8 c s c i : $`9d E
IS 3k
x88,ga
as _�� 8 88
N "e "3=$ Y • 8 � Egail
a asis a
s�Y a-r: segs : fa a a �L o 2fc ZS
=gW sad yCo ss e 8 a9s2
ttg'gY9S$�
18 9E9 g; aaY `
8Y Yb eE a $$ aar s E' s5z
ros anY' r- d =0
$@e'fi .�5`oR SES Yf o
I S I I
i
c $ eaS avo
all
S g�R ea 2$° MrEo8; d is s
s= 9E4E 05
�g` s'= �gEO€ 1g sz s
ay° €■:- ya EycS `ad°g � Bea sLaE �I$_ a� a6 fi 3E
8 a' LP :E 8 n Y •s��"
aot cg = g � 0Hs egs'3s gas =3r 8ea E. o E=8
p 8$
e� L = n E q
g `` � 8a; E-E €� ERE s pfz
avian a€� �R
Cr 8�8 3leeq �E:r 'a s 3ga e� s, 9�: ��a X95 8-0 IS
O gra �sr $8Eg �8Y �� Ye== 80 8 ao 8 8.gr
3$3 Saa�g 3Y$�t 85". 3�E 8B?: 3oin ;so 4.Ea €s € S$ R
ail
M 131
;3$I eKZ_s esfYgrf � ; aa�
g sEaC ba CDYc P. ¢ E c°c 8
3z• .b- £ u$eg8 - Fgg�4 z8 is a v
lf9
a O V 8 Y $ 9 8 r E 8 'E
E g i 3y_8a yye E _ �
.'6 Bra
C !f32
E `L i n+p E 8 D 2 0 a 4 = E 2_
sE Y Ei £. 8 tnsnL 3=as1 $$' s EBJe $ 8yu■�
ssc 79 OAi= nsY �Ygeg 8e � 0s�; i3rs
Z E€" s 21_i ge
E§g ai ^= "$zsa s€ oe � Jj 9 a
9e: s� Ea g"e E= '� 3 a yes
g spa �e 'sf; a� $ a °goai� t8''$=
e9 a sad; 10
1 sa '�sa
o $=g Fga � goer a ° es "='e
tae e 3 e a
N .4 s.Z r E6 8E Sc: �QE:.g gad- s 8gs5 e8 $ "Ye
a E E L a Y i p. S Y 111 9 !�s a `8 E 8 n a"f?7; E '-E c L n
NO
tl ii a a9' . sae r8 a € :s $�
.(U oy= f0 �i� 05 =�= sg =ngs '
Y u g na
3 E ale32 saos'g8 1g� Ec9s`§ 3 `E-a
Id xx�a €'. gv E' �tg i ExE'3� "'E pp: Y s °_aS
i 0 4 3 . $ '$$ a
F C E 3 g
Z 8 E v
m YI '2 °3-E" '
YEc �= a £aE nss pgp%$
WWI 6 � Z. $€`. 5�ay{�p[R QQCy�$Ea c 5o ��+saL$ �; i2 EpsREW
5 8 E S 8 i 8 e `o L
V N
i
p 4»
5 V �
� it pj �V4,J 4i
ri
"a
E$
'a lie
x� �= a '_
s� s5$ '85 ge
958 VISS
S8 gds �rI =E $LE
5 Y 91
s i �8ag �a 5
a �9� X59
5
�1
Asa 1ESE
-8,2
er n= 3
g %
fig" E8� 2
B SE��`+$ a- a
8g :5a 8 Y
E 9 Z e v a 7 s
�i$ 'a3 E
o s5s x5 �
s ?� as� a
g��egs egg S�
Y$
eta= aw lea sa
Page 23 of 34
RESOLUTION
CITY OF OAK PARK HEIGHTS
LIMITED USE PERMIT WITH THE STATE OF MINNESOTA DEPARTMENT OF
TRANSPORTATION FOR A MONUMENT SIGN IN THE RIGHT-OF-WAY OF TRUNK
HIGHWAY 36 and CSAH 14.
WHEREAS,the City of Oak Park Heights is a political subdivision,organized and existing under
the laws of the State of Minnesota;and,
WHEREAS,the City Council of the City has approved a plan to construct a monument sign in the
right-of way of Trunk Highway 36 to promote the orderly and safe development of the City;and,
WHEREAS,the State of Minnesota,Department of Transportation requires a Limited Use Permit
for the construction and utilization of said sign.
NOW,THEREFORE,BE IT RESOLVED,that the City Council of the City hereby approves ofthe entering
into a Limited Use Permit with the State of Minnesota, Department of Transportation for the following
purposes:
To construct, operate and maintain a City Monument Sign within the right- of- way of Trunk
Highway 36 of the State of Minnesota. City shall construct, operate and maintain said sign in
accordance with the Limited Use Permit granted by the Minnesota Department of Transportation.
NOW,THEREFORE,BE IT FURTHER RESOLVED,that the City Administrator is authorized to execute
the Limited Use Permit and any amendments to the Permit.
Passed by the City Council of the City of Oak Park Heights this day of 201_
Mary McComber,Mayor
Attest:
Eric Johnson,City Administrator
Page 24 of 34
CERTIFICATION
I certify that the above Resolution is an accurate copy of the Resolution adopted by City Council of
the City of at an authorized meeting held on the day of ,2@ ,as shown by the
minutes of the meeting in my possession.
Subscribed and sworn to before me
this day of.______-- 20_ (Signature)
Notary Public (Type or Print Name)
My Commission Expires (Title)
Page 25 of 34
STATE OF MINNESOTA
DEPARTMENT OF TRANSPORTATION
LIMITED USE PERMIT
8204 T.H. 36C.S. 8204 (T.H. 36)
County of Washington
LUP # 8204-0054
Permittee- Citv of Oak Park
Heights
Terminates: 02/27/2028
In accordance with Minnesota Statutes Section 161.434, the State of Minnesota, through its
Commissioner of Transportation, ("MnDOT"), hereby grants a Limited Use Permit (the "LUP") to City
of Oak Park Heights ("Permittee"), to use the area within the right of way of Trunk Highway No. 36 as
shown in red on Exhibit "A", (the "Area") attached hereto and incorporated herein by reference. This
Limited Use Permit is executed by the Permittee pursuant to resolution, a certified copy of which is
attached hereto as Exhibit B.
Municipal Identification Entrance Sign
The Permittee's use of the Area is limited solely for the purpose of constructing and maintaining a
Municipal Identification Entrance Sign ("Facility"), and the use thereof may be further limited by
Minnesota Statutes Section 173.02 Subdivision 6(a) and Section 173.025.
The Permittee will be allowed access to the Area from said trunk highway for the purpose of
constructing and maintaining the Facility at a time and in a manner designated by MnDOT's District
Engineer. When working on the Area, the Permittee will conduct its operations in accordance with
the requirements of the "Minnesota Field Manual on Temporary Traffic Control Zone Layouts". The
Permittee must not block or close any lane of traffic during construction or maintenance activities
unless prior written approval has been obtained from MnDOT.
No advertising of any nature is permitted on the Facility except that the Permittee may incorporate a
pictograph or a short promotional slogan which has historically been used in the identification of the
Permittee.
[ADDRESS ANY UNIQUE MATTERS HERE, SUCH AS CONDITIONS RELATED TO
ILLUMINATION OF THE FACILITY, LANDSCAPING, ETC.]
In addition, the following provisions shall apply:
LUP-Municipal Identification Entrance Sign Forth Page 1 of 6 LU1000 4/5/2018
Page 26 of 34
1. TERM. This LUP terminates at 11:59PM on 02/27/2028 ("Expiration Date") subject to the right
of cancellation by MnDOT, with or without cause, by giving the Permittee ninety (90) days
written notice of such cancellation. This LUP will not be renewed except as provided below.
Provided this LUP has not expired or terminated, MnDOT may renew this LUP for a period of up
to ten (10) years, provided Permittee delivers to MnDOT, not later than ninety (90) days prior to
the Expiration Date, a written request to extend the term. Any extension of the LUP term will be
under the same terms and conditions in this LUP, provided:
(a) At the time of renewal, MnDOT will review the Facility and Area to ensure the Facility and
Area are compatible with the safe and efficient operation of the highway and the Facility
and Area are in good condition and repair. If, in MnDOT's sole determination,
modifications and repairs to the Facility and Area are needed, Permittee will perform such
work as outlined in writing in an amendment of this LUP; and
(b) Permittee will provide to MnDOT a certified copy of the resolution from the applicable
governmental body authorizing the Permittee's use of the Facility and Area for the
additional term.
If Permittee's written request to extend the term is not timely given, the LUP will expire on the
Expiration Date.
Permittee hereby voluntarily releases and waives any and all claims and causes of action for
damages, costs, expenses, losses, fees and compensation arising from or related to any
cancellation or termination of this LUP by MnDOT. Permittee agrees that it will not make or
assert any claims for damages, costs, expenses, losses, fees and compensation based upon
the existence, cancellation or termination of the LUP. Permittee agrees not to sue or institute
any legal action against MnDOT based upon any of the claims released in this paragraph.
2. REMOVAL. Upon the Expiration Date or earlier termination, at the Permittee's sole cost and
expense Permittee will:
(a) Remove the Facility and restore the Area to a condition satisfactory to the MnDOT District
Engineer; and
(b) Surrender possession of the Area to MnDOT.
If, without MnDOT's written consent, Permittee continues to occupy the Area after the Expiration
Date or earlier termination, Permittee will remain subject to all conditions, provisions, and
obligations of this LUP, and further, Permittee will pay all costs and expenses, including
attorney's fees, in any action brought by MnDOT to remove the Facility and the Permittee from
the Area.
LUP—Municipal Identification Entrance Sign Form Page 2 of 6 1-1.11000 4/5/2018
Page 27 of 34
3. CONSTRUCTION. The construction, maintenance, and supervision of the Facility shall be at no
cost or expense to MnDOT.
The Facility shall be constructed according to the plans that are attached as Exhibit A. Approval
in writing from MnDOT District Engineer shall be required for any changes from the approved
plan.
The Permittee shall construct the Facility only at the location shown in the attached Exhibit"A"
subject to verification by MnDOT that the construction geometrics and procedures result in a
Facility that is compatible with the safe and efficient operation of the highway.
Upon completion of the construction of the Facility, the Permittee shall restore all disturbed
slopes and ditches in such manner that drainage, erosion control and aesthetics are
perpetuated.
The Permittee shall preserve and protect all existing survey monuments and utilities located on
the lands covered by this LUP at no expense to MnDOT and it shall be the responsibility of the
Permittee to call the Gopher State One Call System at 1-800-252-1166 at least 48 hours prior to
performing any excavation.
4. MAINTENANCE. The Permittee shall keep the Facility in good repair. Any and all maintenance
of the Facility shall be provided by the Permittee at its sole cost and expense, including, but not
limited to, plowing and removal of snow and installation and removal of regulatory signs. No
signs shall be placed on any MnDOT or other governmental agency sign post within the Area.
MnDOT will not mark obstacles for users on trunk highway right of way. MnDOT may, without
prior notice, remove any Facility that presents a safety risk or which has not been properly
maintained.
5. USE. Other than as identified and approved by MnDOT, no permanent structures or no
advertising devices in any manner, form or size shall be allowed on the Area. No commercial
activities shall be allowed to operate upon the Area.
Any use permitted by this LUP shall remain subordinate to the right of MnDOT to use the
property for highway and transportation purposes. This LUP does not grant any interest
whatsoever in land, nor does it establish a permanent park, recreation area or wildlife or
waterfowl refuge facility that would become subject to Section 4(f) of the Federal-Aid Highway
Act of 1968. No rights to relocation benefits are established by this LUP.
This LUP is non-exclusive and is granted subject to the rights of others, including, but not limited
to public utilities which may occupy the Area.
6. APPLICABLE LAWS. This LUP does not release the Permittee from any liability or obligation
imposed by federal law, Minnesota Statutes, local ordinances, or other agency regulations
LUP—Municipal Identification Entrance Sign Form Page 3 of 6 LU7000 4/512018
Page 28 of 34
relating thereto and any necessary permits relating thereto shall be applied for and obtained by
the Permittee.
Permittee at its sole cost and expense, agrees to comply with, and provide and maintain the
Area, Facilities in compliance with all applicable laws, rules, ordinances and regulations issued
by any federal, state or local political subdivision having jurisdiction and authority in connection
with said Area including the Americans with Disabilities Act ("ADA"). If the Area and Facilities
are not in compliance with the ADA or other applicable laws MnDOT may enter the Area and
perform such obligation without liability to Permittee for any loss or damage to Permittee thereby
incurred, and Permittee shall reimburse MnDOT for the cost thereof, plus 10% of such cost for
overhead and supervision within 30 days of receipt of MnDOT's invoice.
7. CIVIL RIGHTS. The Permittee for itself, successors in interest, and assigns, as a part of the
consideration hereof, does hereby covenant and agree that in the event facilities are
constructed, maintained, or otherwise operated on the property described in this permit for a
purpose for which a MnDOT activity, facility, or program is extended or for another purpose
involving the provision of similar services or benefits, the Permittee will maintain and operate
such facilities and services in compliance with all requirements imposed by the Acts and
Regulations relative to nondiscrimination in federally-assisted programs of the U.S. Department
of Transportation, Federal Highway Administration (FHWA),(as may be amended) such that no
person on the grounds of race, color, national origin, sex, age, disability, income-level, or limited
English proficiency (LEP) will be excluded from participation in, denied the benefits of, or be
otherwise subjected to discrimination in the use of said facilities.
8. SAFETY. MnDOT shall retain the right to limit and/or restrict any activity, including the time and
manner of access to the Facility located on the trunk highway right of way, so as to maintain the
safety of both the traveling public and Permittee.
9. ASSIGNMENT. No assignment of this LUP is allowed.
10. IN WRITING. Except for those which are set forth in this LUP, no representations, warranties,
or agreements have been made by MnDOT or Permittee to one another with respect to this
LUP.
11. ENVIRONMENTAL. The Permittee shall not dispose of any materials regulated by any
governmental or regulatory agency onto the ground, or into any body of water, or into any
container on the State's right of way. In the event of spillage of regulated materials, the
Permittee shall notify in writing MnDOT's District Engineer and shall provide for cleanup of the
spilled material and of materials contaminated by the spillage in accordance with all applicable
federal, state and local laws and regulations, at the sole expense of the Permittee.
12. MECHANIC'S LIENS. The Permittee (for itself, its contractors, subcontractors, its materialmen,
and all other persons acting for, through or under it or any of them), covenants that no laborers',
mechanics', or materialmens' liens or other liens or claims of any kind whatsoever shall be filed
LUP—Municipal Identification Entrance Sign Form Page 4 of 6 LU1000 4/5/2018
Page 29 of 34
or maintained by it or by any subcontractor, materialmen or other person or persons acting for,
through or under it or any of them against the work and/or against said lands, for or on account
of any work done or materials furnished by it or any of them under any agreement or any
amendment or supplement thereto.
13. NOTICES. All notices which may be given, by either party to the other, will be deemed to have
been fully given when served personally on MnDOT or Permittee or when made in writing
addressed as follows: to Permittee at: and to MnDOT at:
Mayor State of Minnesota
Oak Park Heights City Hall Department of Transportation
14168 Oak Park Boulevard North Metro District Right of Way
Oak Park Heights, MN 55082 1500 W. County Road B2
Roseville, MN 55113
The address to which notices are mailed may be changed by written notice given by either
party to the other.
14. INDEMNITY. Permittee shall defend, indemnify, hold harmless and release the State of
Minnesota, its Commissioner of Transportation and employees and its successors and assigns,
from and against:
(a) all claims, demands, and causes of action for injury to or death of persons or loss of or
damage to property (including Permittee's property) occurring on the Facility or connected with
Permittee's use and occupancy of the Area, regardless of whether such injury, death, loss or
damage is caused in part by the negligence of State of Minnesota or is deemed to be the
responsibility of State of Minnesota because of its failure to supervise, inspect or control the
operations of Permittee or otherwise discover or prevent actions or operations of Permittee
giving rise to liability to any person.
(b) claims arising or resulting from the temporary or permanent termination of Facility user
rights on any portion of highway right of way over which this LUP is granted;
(c) claims resulting from temporary or permanent changes in drainage patterns resulting in
flood damages;
(d) any laborers', mechanics', or materialmens' liens or other liens or claims of any kind
whatsoever filed or maintained for or on account of any work done or materials furnished; and
(e) any damages, testing costs and clean-up costs arising from spillage of regulated
materials attributable to the construction, maintenance or operation of the Facility.
LUP—Municipal Identification Entrance Sign Form Page 5 of 6 LU1000 4/5/2018
Page 30 of 34
MINNESOTA DEPARTMENT OF CITY OF OAK PARK HEIGHTS
TRANSPORTATION
By: CITY OF OAK PARK HEIGHTS
District Engineer
By
Date
Its
APPROVED BY: And
COMMISSIONER OF TRANSPORTATION Its
By:
Director, Office of Land Management
Date
The Commissioner of Transportation
by the execution of this permit
certifies that this permit is
necessary in the public interest
and that the use intended is for
public purposes.
LUP—Municipal Identification Entrance Sign Forth Page 6 of 6 LU 1000 415!2018
Page 31 of 34
� f
4°
w
r
AdIr
+r
�•. IG
e w
T's
." ;0,
A.K
w„1
HA--L, L
J-UWN
MA
•
x �
,
w
'M
i W
d
r
t
r
o
Gny
P O
p X
n �
CF30
r
Ski
w
'Qr
al
u " Page 33 of 34.
I w � c
� �, ��.
4c
�C.�°��
� �uI
� � {= r,�l
�,_ I
_ i11��( i 1 :-
;��,;
���� o���
�, � �� ���9'1���1"�
�� �
P � �� �(
M
m
a�ri�tt
��!fr '4
���qa�� y
i � ��,,,`
�� ..�
��������
,aur
��,
.k
_ ��
;«�
�f4 `i
w
I��.�;;
a °�
,. '-o.
' s.
_� is
_u
xN1.;... i„.
�' �1� �
t,,
std
�� `;
�i�`'
��° II 9 z
,.
��., � 9-
'a.'���,.. �` r
t��
~r w
�4
�SS �
til e,,. .�'k
a I k
M1
a
I y
.�'