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weekly Notes- November 1 2019_
ar m CITY OF OAK PARK HEIGHTS—WEEKL N . November 1,2019 TO: City Council Members S FROM: Eric Johnson,City Ad ...................... Zoning&Development Items: 1. No new applications have been received;Staff will seek to can the Planning Commission meeting for 11/14 if the Chair has no objections. 2. Various letters of code enforcement that need to be addressed: yard and site maintenance&High School site 3. Gov. Walz Office has provided opportunity to present information on various >;r Bonding Bill requests;the City was able to attain a slot on 11/7 at 11:30 AM in State Capitol Room 316 from 11:30 am to 11:55 am where we can make a short presentation. I have enclosed a DRAFT of the planned handout. On a related note,the City was supplied a copy of the RELEASE request sent to the various tenants at the Shoppes of Oak Park Heights center - it is enclosed for background sake. We will see how many retailers will attend our Wednesday evening Tenants meeting—this is slated for 4 PM. Other Items • A Scout who is working towards his Eagle Rank and who lives in OPH is working on a kiosk along the City's trail in Autumn Hills Park. I am told it is planned to be finished this weekend and will include a short history of the Boutwell's Development and additional trail maps. It matches the design and history-piece of the kiosk in Brekke Park.(SEE IMAGE) • I have provided a copy of the communication responding to the City of Bayporfs concerns related to the Draft EMS Policy Response. I suspect that Bayport will need some time to react to this letter and our proposal to give it a 6-month trial period. I will aim toward placing this on the Council agenda for 11/12,hopefully Bayport will now better understand the concepts we propose, • We understand the that the BCWD has made various 10-year plan amendments and made the City aware of this via the enclosed email—it references a LINK—noted below. We understand that these have no direct impact on recent discussions about PRE-SETTLEMENT rule changes and these may still be forthcoming. I have asked the BCWD for a follow-up on this. https://brownscreekwatershed.aovoffrce3.com/vertical/Sites/%7B64FB1BEC-A43C-4118-B98E 92A5C0551F17%7D/unloads/BCWD Plan amendment October 2019- with appendix and title Pages adf Mayor McComber provided: 1. National League of Cities"the weekly"publication for 10/26/19 2. Oct 31"Legislative Update from Rep.Shelly Christensen. 3. METRO CITIES News for 11/1/19 Please let me know if you have any questions-651-253-7837 Call Anytime. 1 of 64 City of Oak Park Heights 14168 Oak Park Blvd.N. Phone:651.439.4439 Oak Park Heights,MN 55082 Fax:651.439.0574 October 25,2019 Mr. Eric Osmundson Osmundson Land Co LLC 5021 Vernon Ave.S.,#128 Edina, MN 55436 Re: 13435 60th St. N.,Oak Park Heights—Building Exterior Condition&Maintenance Request Dear Mr.Osmundson: I have attempted to gain maintenance compliance to the above-referenced property via my letters of February 14, March 22 and June 17 of this year. I continue to receive no response from you, nor does there appear to be activity to address the items I have communicated in regard to other than the mattress is no longer there. Prior to November 7, 2019, please arrange to have items# 1 and 2 attended to and advise me in writing of the work plan and time line for both,which should not be any later than November 30,2019. Email is fine. 1). Repair/replace the missing siding and weather retarder to the backside of the building entry. The weather retarder has been removed since my June letter.; 2). Remove the former store name removed from the building walls and at the freestanding sign to the front yard area. The physical lettering has been removed; however, the name is still displayed. Paint or clean the surfaces to remove them. The lawn was cut after my June letter, but has since grown long again and is extremely weed bound. Kindly have the lawn cut and the landscaping trimmed prior to November 7.2019. Once this is done, arrange for it to be maintained on a regular basis. Items 1, 3 and 4 are violations of City Nuisance Ordinance 1109 and item 2 is a violation of City Zoning Ordinance 401.15.G.as it relates to removal of signs from vacant business locations. If you cannot comply with these requests for any reason or if you have question, please contact me immediately. Sincerely, PLANNING &CODE ENFORCEMENT Juli ultman Bui g Official c: Eric Johnson,City Administrator Eric Osmundson,Osmundson Land Co. LLC via email 2 of 64 Email:jhultman@cityofoakparkheights.com x CITY OF OAK PARD HEIGHTS 14168 Oak Park Boulevard North • Oak Park Heights,MN 55082 • Phone:651/439-4439 • Fax:651/439-0574 October 25, 2019 Laurie Kittelson 6315 Paris Ave. N. Oak Park Heights, MN 55082 Re: Yard Maintenance & Brush Pile Dear Ms. Kittelson: I am writing to you with regard to the condition of your yard, which in need of maintenance to mowing, weed maintenance and removal of the brush pile that has been at your font yard for an extend period of time. Presently the condition of your yard is a violation of the Oak Park Heights Nuisance Ordinance 1109. A site visit was recently made to your home,where violations were observed and which require abatement: (1) The condition of the shrubs, areas needing mowing and weed whipping and/or chemical treatment, weed growth are such that they constitute a public nuisance per City of Oak Park Heights Nuisance Ordinance 1109. • The shrubs throughout your property, including those to the sides and rear of the house are overgrown and shall be trimmed. • There is a brush pile to the front of your home, near the garage that needs to be removed from your property and disposed of. • There are large areas of weeds that are quite tall, particularly those along 631 St., which per City Arborist site visit are not considered to be prairie or other native plantings. These weeds shall be pulled, mowed and treated to eradicate or reduce their growth. I have attached photos of observed conditions and have included City Ordinance 1109 for your reference. The above items shall be attended to and abatement compliance achieved no later than Thursday. November 7, 2019. A compliance visit shall be made after the 71h. If you have questions or would like to visit on site to discuss this the above requests, please contact me immediately.Your prompt attention is required. Sincerely, NNING &CODE ENFORCEMENT Ju i ultman Bui di g Official Enclosures Pc: Eric Johnson,City Administrator 3 of 64 Tree City U.S.A. .F a r .r; �.. 77 .- .t 7... " r w rr. City of Oak Park Heights Page 1 oft 14168 Oak Park Blvd. N•Oak Park Heights,MN 55082•Phone(651)439-4439•Fax(651)439-0574 11/1/19 ST CROIX CROSSINGS LP 6409 CITY WEST PKWY S# 102 EDEN PRAIRIE MN 55344 RE: Fence Condition Dear St. Croix Crossings Ownership: There is a chain-link fence on the west side of your property to the west side of your garages and that generally abuts the County frontage road that wraps between your property and the Holiday Gas Station. That chain-link fence is in a state of disrepair; we are unsure if it is needed to be there to protect from the elevation change or the top of those garages. Nevertheless, we asked that this fence be either be replaced or repaired prior to the end of October. This was not done. The City is extending this timeline though Nov 15'x.Should it not be addressed by that date the City forward this matter to the Office of the City Attorney and Police Department for consideration of a citation to the OWNER and further action to address this nuisance. If you have any questions on this requirement please give me a call 651-439-4439 Thank You for your attention to this matter. Eric Johnson ~ City Administrator1\ d° tl Cc: Weekly Notes 4- 1 x I � C { IO City of Oak Park Heights 14168 Oak Park Blvd. N•Oak Park Heights,MN 55082•Phone(651)439-4439•Fax(651)439-0574 10-29-19 T0: Tony Willger Via email only: willeert@stillwaterschools.ors RE: Traffic Amendments @ High School/Bathroom Facilities. Dear Tony, I apologize for the delay in this communication as it should have been sent a few weeks back. Moving forward I have two points to follow-up on with you: 1. As we noted in our conversation the City has no material objection to the updating or replacement or change out of the curbing plan at the StillwaterArea High School.please seethe attached layout that we discussed. We believed did not require any further conditional use permit amendments. Please let me know the timeline to accomplish this as the temp.barricades likely will not survive the winter plowing and these can become unsightly. (As I write this letter, it very well could be done!) 2. We inquired about a possible issue relating to bathroom facilities being locked during large portions of the school day at the High school.That concern was we had a report that a person could be "locked-in" to a bathroom PARKING LOT SAFETY facility. Could you verify if that is at all a realistic concern and/or factual? If it is, then we ask that a plan is put in motion to address and correct this as soon as possible. I Parmog LA SW*bm «m •Mptow ematng xea vPoabililT Twffoptltmm dnngn Thank You 1, Eric Johnson City Administrator Yi 6 of 64 Eric Johnson From: Liz Connor <info@signupgenius.com> Sent: Thursday, October 24,2019 2:19 PM To: Eric Johnson Subject: Sign Up Confirmation Attachments: F81294ADE69F3D42FOD60CFEA9FF99AA.ics LocalGovernment Bonding Presentations Thank you, Eric! You're all signed up for "Local Government Bonding Presentations." E Community/Organization Name 11/07/2019(Thu.) 11:30am-11:55am CDT Location: State Capitol Room 316 Presenters: Mary McComber, Mayor/Eric Johnson, City Admin. View Sign Up /Edit My Sign Up IM.Contact Liz Connor u � �_V� 1,., IM I�1I�I�I�N - 1i ( IIIJI �1 � �� -.. � 1 7 of 64 il ; ' CITY OF OAK PARK HEIGHTS Project Summary: Norell Ave. and State Frontage Road(601'street)Realignment DOCUMENTS TO: Tim Walz,Governor Myron Frans, Commissioner of Management and Budget PLANNED HEARING DATE:November 71,2019 8 of 64 INTRODUCTION: For the City's proposed Norell Ave. and State Frontage Road (601b street) Realignment, the City has submitted a funding request through the required MMB Submission Portals for possible consideration by the State of Minnesota in the 2020 Bonding Bill of$794,400. The following data provides an overview of the submission. PROJECT SUMMARY: Due to high volumes of traffic,significant delays and high incidence of crashes with above average severity, the City of Oak Park Heights is requesting $794,400 from the State of Minnesota to implement safety and traffic improvements to 60a' Street and Norell Ave. The total Project cost is estimated to be$2.23 Million.60'Street will be relocated southerly away from the Trunk Highway 36 to a new point of connection with Norell Ave. where a roundabout shall be installed, The map below shows the Project layout with the new roadways. (larger image on last page). ry n T . P 4 me dew Rowway kxatlorw stlown h YELLOW - 'I NGHLIGHT-Tadcage Road"Roundabout v, J6L. . . e6+ev2 sfaticip reduCe mngastlun and ICdu[e a TH 36 Backage Road Oak Park HeVft MN P"*0ft V 0WWN L-furobOndan Mud talau[ N ® m au 9 of 64 LEVEL OF SERVICE DEFICIENCIES: Level of Service for the intersection at 60th Street and Norell Ave. is generally at a grade of"F" - or very poor(and likely to worsen). The intersection experiences tremendous delays and back-ups due to increasing volumes on all roads.Due in part to the new St. Croix River Crossing,the traffic load upon State Trunk Highway 36 will soon exceed 50,000 cars daily. The Project is expected to significantly improve these conditions. � Saturday 95% [aeiay/ rN11MT 95�: Ue►aYyr/ ovlVi<AS taterwifion _ C �., 'e ie LOS ,d u,.w.- .. a a�,q u. <: - LOS LOS LoS Left Is Thry R' left zz7' 2l1 C W3 TIUU 6Ctfa st N& R Nwe9iAve ieft 71' 9.5 A 42' 8.6 215' 24.8 C C 0 Leff: 7-W 89 A 517 SB TF"V sr 1.S A 1 4) 24' 23 A J0, x"& 14' 2.2 A 15' SAFETY AND CRASH DATA DEMONSTRATES CONCERN: The intersection of 60th Street N&Norell Avenue N well exceeds the critical CRASH RATE and SEVERITY RATE for similar intersections. The predominant crash types were as follows-Right Angle(41.71/o),Read End(33.3%),and Sideswipe Passing(16.7%).The high frequency of crashes at this intersection is attributed to the roadway design and the close proximity to the TH-36 &Norell Avenue N intersection.The Project is expected to significantly improve these conditions. Crash We Severity Rate toca%ata Calculated State Avq. I Critical Cdculated Stafie.Avg. [~.rifles➢ E2.53 Street N 0.3 Cf.4 _J , ? .� NoT61 Avenue N Number of Crashes (2011 -201,5) Pofzoncal Ing y' Type type Type Property Total tntwsection Franc{ A C Damage Ctazhe: 6(�n Street N$Norell Avenue N a 0 14 4; 10 of 64 FUNDING REQUEST TO ADDRESS THESE ISSUES: The Total Project Cost to correct and solve these problems is The MNDOT funds of $644,00 estimated to be $2.23 Million for which the City has secured a must be fully expended by 2021 or MNDOT Local Agreement Program Grant in the amount of these funds would be reallocated $644,000. The City has also committed to provide $794,392 in by MNDOT. local funds(non-MSA)totaling$1.4 Million or 64%of the needed funding. The SOURCE AND USE data is below. The City of Oak Park Heights is seeking the remaining$794,400(rounded)to fill the funding GAP and is the basis for legislative request in in the 2020 Bonding Bill as submitted. Without additional funds, the Project cannot proceed. The City as it is less than 5,000 in population does not receive MSA—Road funding. City of Oak Park Heights 60th Street and Norell Ave.-Frontage Road -Estimated SOURCE AND USE SOURCES MNDOT LOCAL AGREEMENT City of Oak Park USES PROD. Heights GAP TOTAL Soft Costs(Eng 90%/admin 15%/Le al 5%) $ 130,098 $ 138,229 $ 138,229 $ 406,556 Construction(Incl.30%contingency) $ 513,902 $ 556,162 $ 556,162 $ 1,626,227 SUBTOTAL FOR DESIGN& CONSTRUCTION $ 644,000 $ 694,392 $ 694,392 r$ 2,032,783 Right of Way $ - $ 100.000 $ 100,000 $ 200,000 PROJECTTOTALS $ 644y000 $ 794,392 $ 7K392 $ 2,232,783 NOTE:ALL FIGURES ARE ROUNDED} PROEXT TIMELINE: If requested funding can be secured in the 2020 Legislative cycle as requested,the City expects to finalize design and engineering by the end of 2020, with bidding and construction in early 2021. The new roadway is expected to be open by October 2021. 11 of 64 N Y v y r J �a� p 77 411 a 77 +c al c� , • r 1 C } • Y 1 1 AGREEMENT AND CONSENT REGARDING ROADWAY EASEMENT THIS AGREEMENT AND CONSENT REGARDING ROADWAY EASEMENT("Agreement")is dated effective and for identification purposes as of , 2019, and is made by and between OAK PARK HEIGHTS VAL, LLC, a Delaware limited liability company ("Landlord"), and ..... . _._.... ......... ("Tenant"). WHEREAS, Landlord and Tenant are parties to a commercial lease agreement, as amended (collectively, the"Lease"),under which Tenant leases the Premises(as defined in the Lease)within the shopping center known as The Shoppes of Oak Park Heights("Shopping Center"),located in Oak Park Heights,Minnesota; WHEREAS,the City of Oak Park Heights("City"),in an effort to reduce traffic delays and crash/accident rates at the intersection of STH 36 and Norrell Avenue and improve access to the Shopping Center,desires to install a new backage roadway("Project")to be located on a portion of the Shopping Center("Affected Area")as depicted on Exhibit A attached hereto,which Affected Area presently consists of a drive lane and parking spaces; WHEREAS,the City has requested that Landlord grant a roadway/utility easement to the City with respect to the Affected Area("Easement")in order to complete the Project;and WHEREAS, Landlord and Tenant desire to enter into this Agreement to memorialize Tenant's agreement to allow Landlord to authorize the Project and grant the Easement to the City; NOW, THEREFORE, in consideration of the foregoing and the mutual covenants contained herein, the parties agree that the Lease shall be amended in accordance with the terms and conditions set forth below. 1. Approval of Proiect and Easement. Tenant hereby acknowledges and agrees that, notwithstanding anything in the Lease to the contrary: (i) Landlord may grant the Easement to the City, and (ii) Tenant waives any rights or remedies it may have under its Lease, if any, in the event of any reduction or alteration to any Shopping Center common areas or parking spaces.Accordingly,Tenant acknowledges and agrees that,upon the effective date of this Agreement,any and all alterations to the parking and/or common areas within the Affected Area resulting from the Project and/or Easement,including but not limited to a reduction in the size of the common area and a reduction in the total number of parking spaces at the Shopping Center, are hereby approved by Tenant, and that Tenant's consent and approval is based on sufficient consideration, the receipt of which is hereby acknowledged. 2. Miscellaneous. With the exception of those matters set forth in this Agreement,Tenant's leasing of the Premises shall be subject to all terms, covenants and conditions of the Lease. In the event of any express conflict or inconsistency between the terms of this Agreement and the terms of the Lease, the terms of this Agreement shall control and govern.Except as expressly modified by this Agreement,all other terms and conditions of the Lease are hereby ratified and affirmed. [Remainder of Page Intentionally Left Blank] 1 Classification:Internal Use 13 of 64 IN WITNESS WHEREOF,the parties have executed this Agreement as of the day and year first above written. LANDLORD: TENANT: OAK PARK HEIGHTS VAL,LLC, a Delaware limited liability company By: PRINCIPAL REAL ESTATE INVESTORS,LLC, a Delaware limited liability company, its authorized signatory By: Name: Title: By: Name: Title: By: Name: Title: 2 Classification:Internal Use 14 of 64 EXHIBIT A [TO BE ATTACHED] 3 Classification:Internal Use 15 of 64 9 1r City of Oak Park Heights 14168 Oak Park Blvd. N•Oak Park Heights,MN 55082•Phone(651)439-4439•Fax(651)439-0574 10-29-19 TO: Adam Bell, City Administrator CC: Al Eisinger, Fire Chief, BFD Via Email Only: abellQci.bayport.mn.us aeisingerna,ci.bayport.mn.us RE: OPH Policy on EMS Response Comments on Bayport letter dated 10/16/19 Dear Adam, (and Al): Thank you for meeting to discuss the issues related to the City's proposed policy on EMS response. These can be difficult choices and matters when weighing services versus costs. So,we appreciate the dialogue and it has been transparent to date as we have met twice and requested input on three occasions. We have also met with Lakeview EMS and had discussions with the Office of the Sheriff. We hope that this discussion will continue positively. As we continue to review and think about this concept please recall that the genesis of this conversation stemmed in material-part from offered concerns by the BFD regarding "volunteer burnout" and comments relating to needing "full-time" position(s). As these are two areas of concern,any analysis or options to prevent issues or reasonably forestall such requirements should be viewed as positive and that our City believes our proposal accomplishes more than saving a relatively small amount of funds in the short term. Moving forward, we must consider and offer some feedback to your written comments as outlined in your letter of Oct 16,2019. As we know,the City of Oak Park Heights is a sovereign entity as are the townships,as is the city of Bayport.Each of our communities have accepted(or are burdened with)a level of responsibility to determine the appropriate level Emergency Services such as Police, Fire and EMS that we seek in our communities and its correlated tax burden. The townships for example,have chosen not to employ their own Police force—instead opting for reliance on the Office of the Sherriff;(also analogous to Lake Elmo). Similarly,Oak Park Heights has chosen not to employ their own fire department opting instead to engage a contract with the City of Bayport. In essence, the underlying choice of "level of service" responsibility always remains with the sovereign entity. These choices include weighing costs each must bear with the level of services each community seeks to provide for its taxpayers as they demand and which are vetted through their own electorate. Considering this we must disagree with some of the conclusions drawn and statements contained in the letter and their justifications as they relate to process: 16 of 64 First: A position that the BFD has unilateral authority to any dispatch services to the City or any member entity at is sole and complete discretion is not a correct position. Please See Art 11, Sec.I. The BFD enterprise and command- authority is ONLY triggered by the act of a"call"being made. Upon such action, the BFD authority and responsibility must respond "in good faith" as outlined in the Agreement. In other words, the City may reasonably dictate to what elements the City determines it desires emergency services to respond to. 1. Provision of Vehicldsl. Hauipment and Personnel. In consideration of the promises and the mutual covenants contained herein,Bayport agrees,subject to the tenni and conditions hereinafter set forth, b %c.,10 f r Fri e1' within any other member community to this Agreement requesting Bayport's assistance for emergency medical rescue service or for fighting fires,to send a vehicle or vehicles,equipment and driver and additional personnel,if available,with reasonable dispatch to said medical rescue emergericy, fire or other applicable event. 7be Bayport Fire Chief or his agent shall have the unfettered discretion to dispatch such vehicle(s), equipment and personnel, if any, as deemed necessary to respond to said call. Upon arrival at the scene of the fire or medical rescue emergency,as the case may be,the driver and other personnel furnished by Bayport shall use said vehicle(s)and equipment as may be necessary in fighting said fire or providing medical rescue emergency services. Article II Sec. 3 discusses operations of vehicles and related equipment and of course does not supersede the "upon call" determination each entity could make as to when the BFD should be dispatched. Similarly, the MISCELLEANEOUS elements discussed in Art III. Sec 1. relates to a clear provision that the command structure and operations of the BFD remain internal—and not the Advisory Committee. These two items relate to HOW the BFD responds and seeks to ensure local communities do not generally interfere with command decisions once called.Certainly,these paragraphs or the underlying Agreements do not convey taxing authority to the BFD over partner entities, which is what your position would imply as it relates to Art III, Sec 1. Again,the BFD command structure and response responsibilities are only triggered"Upon Call"and they must respond in"good faith". Second: The proposal by the BFD in the letter to reduce or restrict services to various addresses (Senior or otherwise) is not a decision that the BFD may make. Recall, the underlaying level of services decision is made by the sovereign entity; and we have contracted BFD to provide a set or level of services "in good faith". The BFD (nor the Advisory committee) has no direct authority to materially deviate from this and/or suggest reduced services to an address at its own discretion. Please ensure that the BFD has taken no steps to reduce level of services at any property within the partner communities without first gaining clear approval from such entity.As it relates to this act, the BFD has no authority to enter into any agreements with private entities to reduce a PUBLIC service. Certainly the 2015 Agreement does not outline nor entertain such an action. These suggestions are of course possibilities and in the similar vein of trying to reduce unnecessary calls and we concur that these could be valuable to explore. Still,that decision at accept change in service level must fall back to the sovereign entity who bears the underlying responsibility(likely both legally and ethically)to deliver services.Admittedly, the level of services may need to be better defined (versus what is defined in Art H., Sec 7)as we all have assumed that past practice is our guide and we reference the Fire Code. 17 of 64 Third: As it relates to the Advisory Committee, this entity may decide to weigh-in and offer its comments on any elements of these conversations,but of course any comments would have no inherent force-of-law upon the parties as to WHEN the BFD may be dispatched in each sovereign entity; and certainly not upon the BFD command as to HOW services are rendered when called. Beyond that,perhaps they have other ideas we have not considered for all facilities in the area—not iust mir cnmmimity_ Last: Moving forward,we have reached out to both Lakeview EMS and the Sheriffs Office and both entities have affirmatively indicated that our proposal is reasonably implementable and follows other models in Washington County. If an inherent "good"is to reduce unnecessary calls that burden not only Oak Park Heights but the EMS system as a whole, then our proposal is at least reasonable to give valid consideration to. We again offer that our proposal is within our City's sole discretion to direct, but we would of course desire a clear "buy-in"from you. So, at this time we would propose that—with your valued support-we give it a six-month trial period. If it proves unmanageable from a dispatch perspective and/or another parameter you might desire to suggest we could follow that metric as well and revisit it We would hope it reduces call volume to locations and under circumstances where the BFD is not-necessary and are well managed by other agencies. As it relates to the proposals for Oak Park Senior Living,our City would gladly entertain proposals where those call can be reduced. But we would need some for Agreement with those property owners who are accepting and acknowledging such change in service expectation as it would be deviating from what others may secure as required. This would of course take a longer dialogue and involve liability waivers of some extent between the City and those entities.This may not even be allo le under the law?Something we would need to verify. wo d appy to discuss this matter further. Let m i 1Whit you think. S' cere inistrator E CLOSURES: 2015 Fire Services Agreement. Oct 16'h—Bayport Letter OPH Proposed Policy Draft 18 of 64 D+iK Me)c Co pY FIRE PROTECTION SERVICES AGREEMENT THIS FIRE PROTECTION SERVICES AGREEMENT(the"Agreement') is made as of this day of , 2015, by and between the Cities of Bayport ("Bayport") and Oak Park Heights, Minnes to ("Oak Park Heights"), and the Townships of Baytown ("Baytown") and West Lakeland,Minnesota("West Lakeland"). RECITALS A. Bayport maintains medical rescue service equipment and fire-fighting trucks equipped with hose and water tanks suitable for use in the protection of property against loss by fire in urban and rural areas inside and outside of the corporate limits of Bayport. Oak Park Heights, Baytown and West Lakeland do not maintain medical rescue service equipment or fire-fighting equipment of their own, and each municipality desires to purchase the services of Bayport on an ongoing basis for fire and medical rescue services within each municipality's respective corporate limits. E. To more efficiently and comprehensively serve properties inside and outside the Bayport corporate limits, Bayport has taken action to acquire vacant and unused land located at 5th Avenue and Stagecoach Trail from the State of Minnesota for the purposes of constructing a new fire station (the "Fire Station"). The State of Minnesota has passed legislation authorizing the acquisition of the land at no cost to Bayport, which generates a significant cost-savings for the overall fire station project. C. The purpose of this Agreement is to memorialize the cooperative obligations and responsibilities of the parties hereto, in order to provide for a steady and consistent revenue stream to (i) share in the capital costs of the construction and initial equipping of the Fire Station upon completion of construction, and(ii) support the ongoing rescue and fire-fighting obligations of the Bayport Fire Department(the"Fire Department"). NOW, THEREFORE, BE IT RESOLVED BY THE CITIES OF BAYPORT AND OAK PARK HEIGHTS, MINNESOTA, AND THE TOWNSHIPS OF BAYTOWN AND WEST LAKELAND, MINNESOTA,AS FOLLOWS: ARTICLE ONF—FIRF.STATION PROJECT CAPITAL FINANCING 1. Fire Station Project Components. The Fire Station project will include the following major construction elements: (i) Design, engineering,bidding and project management. (ii) Grading and preparation of building site. (iii) Construction of Fire Station. (iv) Installation of utilities. (v) Initial equipping of Fire Station upon completion of construction. 2. Fire Station Financing Structure—Capital Budget,• Fixed Fair Share Formula. The cost-sharing method for financing the Fire Station project shall be identical to the"fair share formula"currently used by the parties hereto to calculate the annual operating cost responsibilities of each municipality. The fair share formula calculation for 2014 for payment of the Project Costs (herein defined) for the Fire Station shall remain constant over the term of this Agreement (hereinafter the"Fixed Fair Share Formula"J, and the parties hereto understand and acknowledge the Fixed Fair Share Formula percentages are as indicated below: 1 19 of 64 W Oak Park Heights: 52.58% (ii) West Lakeland: 19.91% (iii) Bayport: 17.88% (iv) Baytown: 9.63% 3. Fire Station Revenue Sources. As of the date of this Agreement,the total cost for the Fire Station project, including all construction and soft costs, contingency, and interest/financing costs related to the anticipated future issuance of general obligation bonds by Bayport, is an estimate but will not exceed $6,000,000 (the "Project Costs"). The following revenue sources and their estimated amounts are anticipated to be allocated to reduce the Project Costs: (i) Private grants: $1,400,000 (ii) Bayport up-front cash contribution: $2,000,000 (iii) Remaining amount to be allocated via fair share formula: $2,600,000 The remaining amount of the Project Costs indicated in Section 3(iii)above shall be shared by all parties to this Agreement,based upon the fixed Fair Share Formula enumerated in Section 2,as follows: Total Cost Per Year(for 15 years) Oak Park Heights: $1,367,080 $91,139 West Lakeland: $517,660 $34,511 Bayport: $464,880 $30,992 Baytown: $250,380 $16,692 The preceding costs are estimated as of the date of this Agreement. Depending on bid results for the Fire Station project, final interest/financing costs related to any general obligation bonds to be issued by Bayport,and additional grant monies received by Bayport,these costs may be further revised and finalized.. Such additional revisions may be made without an amendment to this Agreement. Bayport will notify each party of the finalized costs within a reasonable time of completion of construction. A party's annual payment for the Project Costs under the Fixed Fair Share Formula is payable in four equal payments on the 15'h day of January, April, July and October. These amounts shall be paid regardless of whether the services of Bayport contemplated by this Agreement are utilized by any party to this Agreement. Bayport will inform each party hereto of the payment due in 2015 under the Fixed Fair Share Formula,once final Project Costs are known. Once the Project Costs are finalized as described in the preceding paragraph, a party may decide to "prepay" its share of the above Project Costs by depositing such amount with Bayport. Bayport will verify the sufficiency of the funds and shall certify full payment by such party. In such instance, the prepaying party will be entitled to all of the benefits, and shall continue to bear all the responsibilities, allocated to it under this Agreement, except for the requirement to pay its annual amount toward the Project Costs. 4. General Obligation Bonds. Bayport may issue one or more series of general obligation bonds to finance the remaining Project Costs specified in Section 3(iii) above. The parties hereto understand and acknowledge that if bonds are issued,the costs of issuance of the bonds (i.e. financial advisor/legal fees, underwriter fees,rating agency fees,etc.) and the total interest costs of the bonds will be included in the remaining Project Costs amount and will be subject to the Fixed Fair Share Formula. Bayport will be the municipality ultimately responsible for repayment of the bonds, and the bonds will not be a full faith and credit obligation of any other party to this Agreement. 20 of 64 S. Qa,—qr lei ofFire Statian Recave oflnvestment. (i) Ownership and Repair. The parties to this Agreement agree and acknowledge that Bayport will be the owner of the Fire Station, including, but not limited to, all the furniture, fixtures and equipment therein,and is the fee title owner of the underlying land. Any amounts paid by any other party to this Agreement do not give rise to any ownership interest in, or responsibility towards, those items. Bayport will complete the Fire Station project and will cause it to be constructed and completed free from all liens in accordance with plans and specifications approved by Bayport, and within the project's budget. After construction, Bayport will keep the Fire Station and its furniture, fixtures and equipment in good condition and free from all liens. Bayport will from time to time make all needed and proper repairs, replacements, additions and betterments of the Fire Station so that it may at all times by operated properly and advantageously. (ii) No Sale; Compliance with Restrictive Covenants. Under the deed granting the Fire Station land to Bayport from the State of Minnesota, Bayport is subject to various restrictive covenants on the land (the "Restrictive Covenants"), including using the land only for fire station purposes, including without limitation office space for the officers and the storage of firefighting apparatus such as fire engines and related vehicles, personal protective equipment, fire hoses and other specialized equipment. Therefore, Bayport will not sell, mortgage or in any manner dispose of the Fire Station or any part thereof, including any and all extensions and additions that may be made thereto. Bayport shall also apply with all other Restrictive Covenant conditions and requirements, which are attached hereto as Fxhibit A and incorporated herein. (iii) Property and Liability Insurance. Bayport will procure and keep in force insurance on the Fire Station and the equipment and furnishings thereof, protecting against loss or damage by fire,tornado,wind storm, flood,theft and all other causes customarily insured against for like properties. In the event of loss covered by said insurance policies or bonds and in order to comply with the Restrictive Covenants, the proceeds thereof shall be used to repair or restore the damage to an equivalent value. Bayport will further keep in force liability insurance policies covering its operation of the Fire Station. Upon request of any other party to this Agreement, Bayport will provide copies of certificates or other suitable documents showing the insurance coverages described in this Section are being maintained. (iv) Destruction of Fire Station;Recovery oflnvestment. During the term of this Agreement, in the event the Fire Station is destroyed and any insurance proceeds are not used for its reconstruction, each party to this Agreement will be compensated in the aggregate amount it has contributed to the Project Costs under the Fixed Share Formula, as of the date of destruction, subject to a straight-line 34-year depreciation figure under the Modified Accelerated Cost Recovery System . Alternative Depreciation System (MACRS/ADS). Subject to the requirements of the Restrictive Covenants,Bayport may use insurance nroceeds to compensate the narties hereto under each a wennrin (v) Discontinuance of Fire Station; Recovery of Investment. During the term of this Agreement, in the event the Fire Station is discontinued on the underlying land for whatever reason, the Fire Department ceases to exist, or the Fire Department merges with another entity, each party to this Agreement will be compensated in the amount that it has contributed under the Fixed Fair Share Formula, as of the date the Fire Station is no longer operational or operated by Bayport. This date may be determined by the State of Minnesota in case of a violation of the Restrictive Covenants, or by a third party upon agreement of the parties hereto. For example, if the Fire Station is determined to be no longer operational as of January 1, 2020, each party to this Agreement shall be 21 of 64 reimbursed for five years of payments under the Fixed Fair Share Formula (see Section 3(iii) above) by Bayport within a reasonable time of such request. Reimbursement payments shall be subject to a straight-line 39-year depreciation figure under the Modified Accelerated Cost Recovery System Alternative Depreciation System (MACRS/ADS). 6. Utility Sizing, Reimbursement. The parties to this Agreement understand and acknowledge the Fire Station will be served by new water and sanitary sewer connections, which will be extended by Bayport. These utility connections are currently included in the Project Costs and are allocated to all parties hereto under the Fixed Fair Share Formula. It is anticipated that Bayport will construct and size the utility infrastructure to allow for future development of parcels in the vicinity of the Fire Station. If those parcels develop over the term of this Agreement and utilize the utility infrastructure that also serves the Fire Station, Bayport will reimburse the other parties to this Agreement pro rata amounts that were allocable to the construction of utility infrastructure available for such future developments. ARTICLE TWO—FIRE DEPARTMENT OPERATIONAL BUDGET COST SHARE AND OPERATIONAL STANDARDS 1. Provision of Vehicle(s), Equipment and Personnel. In consideration of the promises and the mutual covenants contained herein, Bayport agrees, subject to the terms and conditions hereinafter set forth,0 fire or medical rescue services within any other member community to this Agreement reques g Bayport's assistance for emergency medical rescue service or for fighting fires, to send a vehicle or vehicles, equipment and driver and additional personnel, if available,with reasonable dispatch to said medical rescue emergency, fire or other applicable event. The Bayport Fire Chief or his agent shall have the unfettered discretion to dispatch such vehicle(s), equipment and personnel, if any, as deemed necessary to respond to said call. Upon arrival at the scene of the fire or medical rescue emergency, as the case may be, the driver and other personnel furnished by Bayport shall use said vehicle(s)and equipment as may be necessary in fighting said fire or providing medical rescue emergency services. 2. Payment for Services—Annual Operational Budget. (i) Annual Budget. The separate payment for the provision of vehicle(s), equipment and personnel on an as-needed basis to each municipality under this Agreement(i.e.the"Fire Department Budget"), will be determined on an annual basis pursuant to a variable fair share formula.This formula for each party in any given year is that party's current net tax capacity plus the five-year rolling average of fire calls carried out in such party's jurisdiction, divided by 2 (hereinafter, the "Variable Fair Share Formula"). The parties hereto understand and acknowledge the Variable Fair Share Formula as of the date of this Agreement for 2015 is described in Article 1, Section 2. (ii) Timing of Payments. A party's payment for the funding of the annual Fire Department budget, under the Variable Fair Share Formula, for each one-year period of this Agreement is payable in four equal payments on the 15'"day of January, April,July and October. These amounts shall be paid regardless of whether the services of Bayport contemplated by this Agreement are utilized by another party to this Agreement. Beginning in 2016, Bayport will timely inform each party of its payment due under the Variable Fair Share Formula in advance of the given year. (iii) Maximum Annual Budget Increases. The Fire Department Budget will not be raised by more than three percent (3%)in any given year during the tern of this Agreement. The "base year"for this formula shall begin January 1, 2015. This budgetary ceiling will not affect any changes to the Variable Fair Share Formula, which may increase a party's contribution on a per dollar basis by more than 3%in any given year. 22 of 64 (iv) Significant Reduction in Tax Capacity of a Party; Renegotiation of Variable Fair Share Formula. If any parry to this Agreement sustains a significant reduction in tax capacity to its taxable property during the term of this Agreement, due to a taxable entity being declared tax-exempt, a major reduction in market value, or for any other reason ("significant"being defined as a reduction of 25% or more of the immediately previous tax capacity value, as verified by the Washington County.Assessor), the parties hereto agree to renegotiate this Agreement in good faith to recalculate the Variable Fair Share Formula. Payments due by each party for capital costs of the Fire Station under the Fixed Fair Share Formula shall not be affected. (v) Maximum Variable Fair Share Cap. At all times during the term of this Agreement: (A) The individual Variable Fair Share Formula allocable to any party under this Agreement shall not constitute more than sixty-two percent (62%) of the total Variable Fair Share Formula (the "Maximum Variable Fair Share Cap"). If a party reaches or exceeds the Maximum Variable Fair Share Cap, the remaining percentage of the Variable Fair Share Formula shall be reallocated among the remaining parties to this Agreement, based on each party's pro rata share of the total Variable Fair Share Formula. Once the party that meets or exceeds the Maximum Variable Fair Share Cap falls below such Cap, the Variable Fair Share Formula will again be applied to all the parties hereto. (B) For example, if a party individually reaches 65%of the total Variable Fair Share Formula, the party's individual Variable Fair Share Formula will instead be calculated at 62%, which is the Maximum Variable Fair Share Cap. The remaining parties to this Agreement will absorb the excess percentage based on their pro rata shares of the Variable Fair Share Formula. 3. Operations. The operation of the vehicle(s) and the direction of their use at the scene of a fire or medical rescue emergency, together with said equipment, shall be directed by the Chief, or Assistant Chief, of the Bayport Fire Department if they are present at the fire or medical rescue emergency. Otherwise, said operation and direction shall be in the charge of the driver of said vehicle(s) deployed to the fire or medical rescue emergency. 4. Insurance Coverage. In addition to the property and liability insurance maintained in connection with the Fire Station under Article 1, Section 5(iii) hereof, Bayport shall maintain general liability insurance for its services rendered under this Agreement and shall include each party to this Agreement as an additional insured for the term of this Agreement and any extension thereof. Bayport shall maintain insurance equal to or greater than the maximum liability applicable to municipalities as set forth in Minnesota Statutes, Section 466.04, Subdivision 1, as amended. Bayport shall also maintain inland marine, automobile, and property insurance coverage. Upon request by a party to this Agreement, Bayport shall provide proof of such insurance coverage and the additional insured endorsement naming such party. Bayport shall also maintain workers' compensation coverage as required by law. 5. Indemnification. Bayport agrees to defend and indemnify each party to this Agreement against any claims brought or actions filed against such party or any officer, employee,or volunteer of such party for injury to, death of, or damage to the property of any third person or persons, arising from Bayport's performance of services under this Agreement. Under no circumstances, however, shall Bayport be required to pay on behalf of itself or any other party, any amounts in excess of the limits on liability established in Minnesota Statutes,Chapter 466,applicable to any one party. The limits of liability for any party to this Agreement and Bayport may not be added together to determine the maximum amount of liability for Bayport. The intent of this subdivision is to impose on Bayport a limited duty to defend and indemnify each party to this Agreement for claims arising out of the performance of this Agreement subject to the limits of liability under Minnesota Statutes, Chapter 466. The purpose of creating this duty 23 of 64 to defend and indemnify is to simplify the defense of claims by eliminating conflicts between the parties and to permit liability claims against both parties for a single occurrence to be defended by a single attorney. 6. No Waiver. Nothing herein shall be construed to waive or limit any immunity from,or limitation on,liability available to either party,whether set forth in Minnesota Statutes,Chapter 466 or otherwise. 7. Good Faith. Availability of Vehicle(s).Equipment and Personnel. Bayport will act in good faith in sending vehicle(s). equipment and 1?ersonncl to any lire or medical rescue emergency, shall use best elTorts and practices to prca\-ide such lire and emergency r-essuc sarTiCes purstrailt to current fire safety laroto of and as required unties- federal and state law and the then-Ctrrrew Minnesota Fire Corin. and no liahiliiy shall attach to Bayport by reason Ofally such lire or medical rescuc emergency or by reason of any negliiwnt act or omission of'the driver(s) or any of'the I)ersonnel sent by Bayport in connection with the work of 1 glrting, any tare or providing medical rescue services; if multiple fires or medical rescue emergencies occur at the same time within the Fire Department's service area, the Bayport Fire Chief or his agent shall have the unfettered discretion to direct the deployment of available vehicle(s), equipment and personnel to a certain location or locations. Shall road or weather conditions be, in the unfettered judgment of the Bayport Fire Chief or his agent, unfavorable in furnishing of vehicle(s), equipment and personnel at the time,Bayport is not obligated to respond to said call. Bayport and its officers,employees and volunteers shall not be liable to any party to this Agreement or any other person for any failure to furnish assistance under this Agreement or for recalling assistance as provided herein, should conditions or circumstances warrant such action. 8. Annexation and Detachment. Subject to the requirements of this Section, any party to this Agreement may annex land into its corporate boundaries, and may have all or a portion of its land detached and added to another jurisdiction. (i) Annexation. Upon a party to this Agreement annexing additional property, such that the corporate boundaries of the party are extended beyond the area of service provided for as of the date of this Agreement,fire services shall be extended to such annexed area,unless the Bayport Fire Chief determines the Fire Department to be incapable of reasonably extending fire service. The newly annexed area will be included in the Variable Fair Share Formula allocated to such annexing party as of the date of the annexation as long as fire protection coverage is also extended. Each party shall promptly notify the Fire Department and the other parties to this Agreement of any planned annexations should these be reasonably anticipated. Once a party reaches the Maximum Variable Fair Share Cap at any time during this Agreement, any further annexations that include property receiving fire services will not be subject to the Cap,but will still be included in the Variable Fair Share Formula. If an annexed area is not provided with fire services for any reason, it shall not be included in the Variable Fair Share Formula allocable to such party. For example, if a proposed annexation increases a party's Variable Fair Share Formula figure to 63%,the Maximum Variable Fair Share Cap shall also increase to 63%. Any further increases in the Variable Fair Share Formula not related to annexation will not be included, due to the Maximum Variable Fair Share Cap. (ii) Detachment. If a party to this Agreement detaches its property, in whole or in part,to an adjacent annexing municipality, such detached property will remain subject to all the requirements of this Agreement, including the payments required under the Fixed Fair Share Formula and the Variable Fair Share Formula. Each party shall promptly notify the Fire Department and the other parties to this Agreement of any planned detachments should these be reasonably anticipated. 24 of 64 ARTICLE THREE—MISCELLANEOUS ittee; S+eyt.n Review.,,At all times under this Agreement Bayport will retain managerial and operational authority over the Fire Department and the Fire Station. The parties to this Agreement will designate a representative or representatives to constitute an advisory commission to meet on a quarterly basis. The advisory commission will have no formal authority to control the Fire Department, the Fire Station any party to this Agreement, or any other particular of this Agreement, but may propose recommendations or other action items to the parties hereto. On or about the seventh year of the anniversary of this Agreement, whether or not the advisory commission is regularly meeting, the parties hereto shall designate representatives to attend a formal meeting that reviews all aspects of this Agreement,including current policies and practices hereunder. 2. Termination: Amendment: Additional Parties. Unless otherwise amended or continued by agreement of the parties hereto,this Agreement shall terminate on December 31,2029. This Agreement may only be amended upon mutual written consent of all of the parties hereto. if at a future date additional municipalities request fire services from Bayport,this Agreement must be amended to include such municipality or municipalities and recalculate the Fixed and Variable Fair Share Formulas. 3. Service Contract: Interpretation: SilWatures. This Agreement is a service contract. The parties hereto do not intend to undertake or create, and nothing herein shall be construed as creating, a joint powers agreement,joint venture, or joint enterprise. This Agreement shall be interpreted according to Minnesota law. This Agreement may be signed individually, and the aggregation of all such signature pages shall collectively be a part of this Agreement. 4. No Severability. The provisions of this Agreement shall not be deemed severable. If any part of this Agreement is rendered void, invalid, or otherwise unenforceable, such rendering shall render the remainder of this Agreement as unenforceable and without further effect. (The remainder of this page is intentionally left blank.) 1 25 of 64 IN WITNESS WHEREOF, the parties hereto have executed this Agreement in duplicate on the day and year first above written. CITY OF BAYPORT,MINNESOTA Its Mayor Date Its ity. dministrator Date CITY OF O ARK HEIGHTS,MINNESOTA , J Its At Date K4Mdministrator Date T F WEST LAKELAND,MINNESOTA Its Chair Date Its Clerk Date TOMINNESOTA 1 Its Chair Date Its Clerk Date 26 of 64 EXHIBIT A RESTRICTIVE COVENANTS 27 of 64 RESTRICTIVE COVENANTS THIS DECLARATION OF RESTRICTIVE COVENANTS ("Agreement") is made as of 2014,by the State of Minnesota,Department of Administration("Declarant"). CITALS: A. Pursuant to Laws of Minnesota 2014, Chapter 294,Article 2, Section 21,notwithstanding Minnesota Statutes, Sections 16A.695 and 16B.281 to 16B.296,the Commissioner of Administration of the State of Minnesota may convey to the City of Bayport for no consideration that certain parcel of land more particularly described on Exhibit A attached hereto and made a part hereof by reference thereinafter"R.eorieted Parcel"). provided that the Restricted Parcel revert to the state if the City of Bayport stops using the Restricted Parcel for a public purpose as a fire station. B. As a condition of said conveyance, the City of Bayport has agreed and consented to Declarant establishing certain restrictions on the Restricted Parcel described below. NOW,THEREFORE, in consideration of the conveyance of the Restricted Parcel to Buyer by Declarant,and for other consideration,the receipt and sufficiency of which is hereby acknowledged,Declarant states: 1. Recitals. The Recitals above are hereby incorporated herein and made a part hereof. 2. Restricted Parcel Restrictions. Declarant hereby declares and imposes the following restrictions("Restrictions")on the Restricted Parcel: (a) The Restricted Parcel shall only be used as a city fire station for fire station purposes including without limitation office space for the officers and the storage of firefighting apparatus such as fire engines and related vehicles,personal protective equipment,fire hoses and other specialized equipment. In the event the Restricted Parcel is not used as a city fire station for fire station purposes (i)for twelve(12)consecutive months or(ii) for less than twelve(12)months on three(3) separate occasions over a three(3) year period,the Restricted Parcel shall automatically revert to Grantor unless Grantor specifically grants Buyer, or its successors and assigns, an exception to these time periods in writing. Upon reversion to Grantor, Buyer,or its successors and assigns, shall demolish and remove all portions of such structure and its improvements, including the debris resulting therefrom,and otherwise clean and restore the area affected by such demolition to a level, graded condition. (b) Buyer,its successors and assigns, of the Restricted Parcel shall follow all zoning requirements in place on the date Buyer first acquires the Restricted Parcel, including without limitation setback minimums and building height maximums. 28 of 64 (c) Only one building or structure may be erected on the Restricted Parcel. The improvements on the Restricted Parcel shall conform to the attached site plan attached hereto as Exhibit B("Site Plan"). (d) All equipment,supplies,materials and vehicles at the Restrictive Parcel shall be stored so that they are not visible from the Minnesota Correctional Facility in Bayport, Minnesota. (e) Buyer, its successors and assigns,of the Restricted Parcel shall maintain,at its sole cost and expense, the same in a clean and neat condition and shall take such measures as are necessary to control grass, weeds, blowing dust, dirt, litter or debris. Buyer, its successors and assigns_of the Restricted Parcel covenants to keep and maintain, at its sole cost and expense, the building located on the Restrictive Parcel in good order, condition and repair. (f) Buyer, its successors and assigns,of the Restricted Parcel shall fence all improvements located from time to time on the Restrictive Parcel, including without limitation the improvements shown on the Site Plan, so that public access to the site is blocked after normal business hours. (g) All lighting at the Restrictive Parcel,including without limitation,the perimeter lighting of the improvements located from time to time on the Restrictive Parcel, shall be designed so it does not encroach or invade the residential living units of the Minnesota Correctional Facility in Bayport, Minnesota. In the event the lighting at the Restrictive Parcel interferes with,causes a nuisance to, encroaches, or invades the residential living units of the Minnesota Correctional Facility in Bayport, Minnesota,Declarant shall have the right to require Buyer,its successors and assigns, at Buyer's(or its successors and assigns')expense,to modify the lighting so that the interference,nuisance, encroachment or invasion is eliminated. (h) The improvements, building,and structures on the Restricted Parcel shall be no taller than the shorter of two(2)stories or twenty(24) feet in height. (i) Buyer, its successors and assigns, of the Restricted Parcel shall install within sixty(60) days of the date of this Agreement and subsequently maintain a nuisance fence along the border of the Restricted Parcel and any property owned by Grantor. The nuisance fence shall be made of galvanized steel,six(6)foot high chain link with no visual obstructions, such as, for example, slats, within the fence fabric. (j) Only deciduous trees shall be allowed on the Restricted Parcel and no trees, shrubs, bushes or landscaping of any kind shall be within thirty(30)feet of the fence required and described in Section 2(i)above. 2 29 of 64 3. Default (a) All Legal and Equitable Remedies Available. In the event of a breach or threatened breach by any owner of the Restricted Parcel or its permittees of any of the terms, covenants,restrictions or conditions hereof, Declarant shall be entitled forthwith to full and adequate relief by injunction and/or all such other available legal and equitable remedies from the consequences of such breach, including payment of any amounts due and/or specific performance. (b) Demolition Remedy. Notwithstanding anything to the contrary in this Agreement, in the event that the structure on the Site Plan is not used as a fire station in accordance with Section 2(a)above,then Buyer, its successors and assigns,of the Restricted Parcel shall, within ninety(90)days after receiving written notice from Declarant,demolish and remove all portions of such structure and its improvements,including the debris resulting therefrom, and otherwise clean and restore the area affected by such demolition to a level, graded condition. (c) Additional Remedies. In addition to all other remedies available at law or in equity, upon the failure of the owner of the Restricted Parcel to cure a breach of this Declaration within thirty (30) days following written notice thereof by Declarant, the Declarant shall have the right to,but shall not be obligated or required to, perform such obligation contained in this Declaration on behalf of the owner of the Restricted Parcel and be reimbursed by the owner of the Restricted Parcel upon demand for the reasonable costs thereof. (d) Lien Rights. Any claim for reimbursement, including interest as aforesaid, and all costs and expenses including reasonable attorneys' fees awarded to Declarant in enforcing any payment in any suit or proceeding under this Agreement shall be assessed against the Restricted Parcel in favor of Declarant and shall constitute a lien against the Restricted Parcel until paid,effective upon the recording of a notice of lien with respect thereto in the Office of the of the County Recorder of Washington County. 4. Miscellaneous. (a) No Waiver. The failure of the Declarant to enforce the covenants herein shall not be deemed to be a waiver of the right to do so thereafter nor of the right to enforce any other restriction. (b) No Third Party Beneficiaries. This Declaration is for the benefit of Declarant, its successors and assigns, and for no other person or entity and there shall be no third party beneficiaries of the terms of this covenant. (c) Run With the Land. This covenant shall run with the land and be binding upon the executors,administrators,heirs, assigns of the covenantor,and their successors in title. 3 30 of 64 IN WITNESS WHEREOF,this Declaration is made as of the date first written above. DECLARANT: STATE OF MINNESOTA DEPARTMENT OF ADMINISTRATION By: SrmNCE Cmissioner of Administration STATE OF MINNESOTA ) ) ss. COUNTY OF RAMSEY ) The foregoing instrument was acknowledged before me this 5*4" day of Z0 nP— ,2014,by Spencer Cronk, Commissioner of Administration, on behalf of the State of Minnesota, Grantor. WAA 161 1-1 Notary Public APPROVED: STATE OF MINNESOTA �r� DEPARTMENT OF CORRECTIONS Bfu 'Title ffR1..> Date Drafted By: Roger F. Behrens,Esq. Real Property Specialist State of Minnesota Department of Administration,Real Estate and Construction Services Division 50 Sherburne Avenue, Suite 309 St.Paul,MN 55155 5 31 of 64 Exhibit A Legal Description of Restricted Parcel That part of the Southeast Quarter of the Southwest Quarter, Section 3,Township 29 North, Range 20 West, Washington County,Minnesota,described as follows: Commencing at the southeast corner of said Southeast Quarter of the Southwest Quarter;thence South 89 degrees 28 minutes 13 seconds West, assigned bearing,along the south line of said Southeast Quarter of the Southwest Quarter, a distance of 665.22 feet to the easterly right-of-way line of Stagecoach Trail North(A.K.A. County State-Aid Highway 21);thence North 00 degrees 31 minutes 47 seconds West,along said easterly right-of-way line, 60.00 feet to the point of beginning of the tract to be herein described; thence North 34 degrees 35 minutes 03 seconds West,along said right-of-way line, 112.00 feet;thence North 21 degrees 21 minutes 41 seconds East, along said right-of-way line, 508.03 feet;thence South 70 degrees 24 minutes 54 seconds East, 250.49 feet; thence South 00 degrees 08 minutes 49 seconds East,478.06 feet to the northerly right-of-way line of County State-Aid Highway 14(A.K.A. 5th Avenue North);thence South 89 degrees 28 minutes 13 seconds West,along said northerly right-of-way line, 358.72 feet to the point of beginning. 6 32 of 64 Exhibit B Site Plan 7 33 of 64 i. .. •w M'S;Ca 1. A en . l " a 00 o Nr AN Ma µy, F " 'v ? a AREA -4.158 AC. / FILE NO. SITE PLAN PHONE: TBAYPO 126101 3 35 VADNAI5 CENTER DR EMBT SST PAUL,MN$5110 DATE: �I"I AVE. FIRE STATION L 10/29/13 BAYPO RT, MINNESOTA No.x 34 of 64 CITY OF BAYPORT 294 NORTH THIRD STREET BAYPORT,MINNESOTA 55003 PHONE 651-275-4404 FAX 651-275-4411 Date: October 16,2019 To: Eric Johnson,Oak Park Heights City Administrator Brian DeRosier,Oak Park Heights Chief of Police Oak Park Heights City Council From: Adam Bell,Bayport City Administrator Allen Eisinger,Bayport Fire Chief Re: Oak Park Heights Draft Medical Response Policy As requested,the City of Bayport is providing a response in writing to the changes proposed by Oak Park Heights City Administrator and Chief of Police regarding the Bayport Fire Department(BFD) medical response policy. The Bayport Fire Chief,the Bayport Fire Department,and the City of Bayport strongly disagree with the proposed policy change for the reasons outlined here. On July 11,2019,Bayport City Administrator Bell and Bayport Fire Chief Eisinger met with representatives from Oak Park Heights (OPH) to discuss options for reducing costs associated with fire/rescue service, currently provided by BFD.1 City Administrator Johnson and Chief DeRosier presented a proposal to reduce the call volume experienced by the BFD to OPH service area by eliminating the majority of all medical calls, including most of the Level-1 Advanced Life Support services(Level-1 ALS)as outlined in the OPH proposal.Since that time,BFD staff has been working on obtaining additional call/response data and developing alternative proposals with similar goals in mind. On October 10, 2019, Bayport was notified that OPH would be bringing forward its proposal for the OPH City Council to formally consider. The current response guidelines used by BFD is to respond to all Level-1 ALS medical calls in all BFD service areas. Bayport Fire Department currently does not respond to lower-level medical calls unless additional assistance is specifically requested.Any change to this policy would need to be carefully coordinated with current emergency medical service dispatch as BFD also provides service for three other communities where this response policy would differ. While not unfeasible, consultation with dispatch has indicated that it is not a simple modification and would take some time to implement both technically and practically. The City of Bayport well appreciates the challenge all our communities face to balance service expectations with finite budgetary resources. While BFD agrees that it is called to respond on numerous occasions where the fire department is not needed,it is our opinion that this proposal would result in a general degradation in service and pose an increased risk to the health, safety, and welfare of the majority of Oak Park Heights residents, property owners, and area visitors. As shown in the attached documentation provided by BFD,the majority of the medical calls in OPH are from a small number of specific addresses. To address this fact and strive to achieve similar results in reducing unnecessary calls and associated costs, BFD proposes to change the way these specific addresses are handled. This would potentially result in a reduction of approximately 250 medical calls based on the 2018 call run data. This is over 40%of the total medical calls in OPH in 2018. As demonstrated by the implementation of the Duty Tones in 2015, EMS dispatch is able to eliminate specific addresses for varying levels of responses. Again, by 1 Emergency medical service(EMS)responses have been an increasing percentage of fire departments nationwide.EMS calls constitute approximately 65-70%of the total number of responses for all fire departments that provide medical responses.As the nature of responses continue to evolve due to population growth and demographic shifts,fire departments are bearing an increasing burden of responsibility for EMS response. 35 of 64 eliminating BFD responses to specific addresses, a high level of service is able to be maintained for the vast majority of OPH residents and property owners with minimal impact on those who already have 24/7/365 care available to them.The data shows a significant factor for the increase in EMS calls is due to the increase in senior housing in OPH and the assisted-living/transitional care facilities'requests for assistance. A noted criticism of this alternative proposal is that the residents at the specific addresses would then be receiving a lower level of service than other residents. Understandably, this is not an ideal scenario. However, this consequence is more easily mitigated by two factors. As stated, these addresses have dedicated nursing staff already on-site due to the assisted-living nature of many ofthese facilities.Also,BFD is able to meet with,educate, and train the nursing staff and care teams at these facilities to make better assessments of what type of emergency service is needed and when to request fire department assistance. Bayport recognizes that when this alternative was first mentioned,OPH staff did not prefer this approach.Bayport believes that this modification would achieve very similar results to those desired by OPH without any degradation in service to the general populace of OPH. Furthermore,according to the current Fire Protection Services Agreement(.agreement),dated FebrUary i 1, 20 15, fhe Bayport Fire Department reiains an rigihts to direct how the service is to be provided.specifically identified in Article Two. Section 3. Operations and in Article TI7re:e, Section 1. "At all times under this Agreement[sic] Bayport will retain;managerial and wl)eratiun:Jl arAN)AI over the Fire Donartme.nt..."Agreement:Art. Three,Sec. 1. 1 fie City of Oak Park Heights may not unilaterally dictate to BFD how the service should be provided or what type of calls should or should not be included. If Oak Park Heights would like to have this policy formally considered by the City of Bayport and the other parties to the Agreement or to reexamine the overall terms of the Agreement, there is a process for that outlined in the Agreement itself. This discussion should occur at the Advisory Committee.'"The advisory[committee]will have no formal authority to control the Fire Department... but may propose recommendations or other action items to the parties hereto."Id. We also appreciate the effort to provide flexibility in the Draft Proposal by granting the OPH Chief of Police the ability to adapt parameters to "effectuate[the]policy."However,this provision too would potentially conflict with the terms of the Agreement and BFD's right to maintain managerial and operational authority. For a change of this type and magnitude,there has been a process utilized in the past.In 2015,the BFD approved a change for how certain calls were handled.The"Duty Tone"was implemented for facilities that have 24/7/365 nursing staff,and a Duty Officer or minimal staffing would be able to handle the call where a full response(All- Call) of all members is not needed. The high level of service is still accomplished with the Duty Tone as the Officers rotate weekly for a Duty Officer shift. The calls to these facilities do not count against the 25%minimum requirement for members to be a member in good standing. It also resulted in fewer members showing up for calls,which is a cost-saving by only paying for 3-5 members for the call rather than 5-10 members per call trying to meet the 25% minimum call requirement. The Duty Officer still can request an All-Call should additional resources be required for any call at these facilities. This change was implemented beginning in 2016.Prior to implementation,the RFD approved the policy change, then the change was discussed with the Bayport City Administrator and brought to the Bayport City Council for approval. Following Approval by the Bayport City Council, the change was then brought to the Bayport Fire Advisory Committee for consideration. Finally, BFD met with all the stakeholders to discuss and educate them on the policy change and how it would specifically impact them. Bayport would like this to continue to be an open and transparent process in reviewing the emergency service needs of the broader community to develop reasonable response guidelines to provide needed lifesaving measures, as well as engage all interested stakeholders and minimize the liability to the Fire Department.For these reasons, Bayport respectfully requests that the Oak Park Heights City Council postpone taking any formal action on the adoption of this policy and refer this proposal to the Fire Advisory Committee for a broader discussion of how to continue pursuing opportunities to reduce costs, free up emergency service resources, and maintain the highest level of service for which the Bayport Fire Department is known. 2 It should be noted that at previous Advisory Committee meetings in 2018,the topic of eliminating emergency medical service responses was proposed as an option to identify areas for potential cost-savings.At that time,there was no interest by the representatives of the group to consider that option so no further work on that topic was conducted by BFD staff. 36 of 64 Bayport Fire Department Oak Park Heights Responses Jan-Sep;2019 Call Type Exempt lTotal Addresses Other Abdominal Pain/Problem-1 11 8 19 Accident with Injury 1 1 Accidental OD/Poisoning-1 2 2 Allergic Reaction 3 1 4 Animal Bite Injury-1 1 1 Assault Injury-1 1 1 2 Back Pain(Non-Trauma)-1 1 5 6 Bleeding-1 20 6 26 Cardiac/Heart Problems-1 13 8 21 Chest Pain (Non-Cardiac)-1 19 3 22 Choking-1 2 2 CO/Inhalation 1 1 CPR/Full Arrest 2 1 3 CSC/Sex Offense Injury 1 1 Diabetic-1 5 6 11 Difficulty Breathing 55 33 88 Dumpster Fire 1 1 Electrical Hazard 4 4 Emotionally Disturb Person-1 1 3 4 Fall-1 36 33 69 Fire Alarm 4 19 23 Fire Alarm -Water Flow 3 3 Fire Alarm Carbon Monoxide 1 1 Fire Outside 1 1 Fire Rescue Incident 1 3 4 Fire Unknown 1 1 Fire Vehicle 3 3 Gas Leak 6 6 HAZMAT 1 1 Headache-1 1 2 3 Medical 3 3 Medical Alarm-1 5 5 Mutual Aid-EMS 2 2 MVA: Hit and Run with Injury 1 1 MVA: Injury-Entrapment 1 1 MVA: Unknown Injury 7 7 Odor/Smoke Smell Outside 1 1 37 of 64 Bayport Fire Department Oak Park Heights Responses Jan-Sep, 2019 Call Type Exempt All Total Addresses Other Possible Death 1 1 RQ EMS by Public Safety-1-1 9 9 RQ EMS Rescue by PublicSafety 6 14 20 RQ Fire by Public Safety 1 7 8 Seizure-1 2 11 13 Sick Person-1 42 13 55 Smoke in Structure-No Flames 2 2 Stabbing 1 1 Stroke-1 14 9 23 Structure Fire-Flames Seen 3 3 Suicide or Attempted 4 4 Traumatic Inj/Head Injury-1 3 2 5 Unconscious Person-1 12 15 27 Unknown Medical Situation-1 4 13 17 Vehicle Accident Injury 11 11 FTCITAL OPH Calls;Jan-Sep;2019 263 290 553 Total Calls in HIGHLIGHTED Group 226 161 387 The following codes are also identified but had no responses by Fire YTD: Burns-1 Chest Injury-1 Domestic Violence Injury-1 Esposure Heat/Cold-1 Lift Assist-Non Injury Childbirth/Obsetrics-1 Eye Problem/Injury-1 38 of 64 § q m - - � m I G - m - It - - § en 2 � �$ - - ® -4 - m en - k z � z $ �L, - - - - - m N _ L ■ ■ z �) _ -i2 _ a 0 z - - - It -14 - t: 2 r � J § a cn -4q - q ® e m - w 06 CO mLu z �§ - m N � z K � � �� _ r, m r m86 1 e q LW" V§m Ln k B � I £ ( \ cc ■ / § _ / 2 ® m ) A. m = _ k - k / cu- E CL ) § \ A } ) k _ ° ® § 5 e 2 g ' g ° £ 0 a k 2 2 ` u ■ 2 g ƒ « 2 § 2 $ £ g¥q u « a � m u u Q a u 7 = ° e k 0K / £ £ K § f � (0K■ W)£¥¥( ) , e § Go m G ° - m m R m m■e m / � � n cmonoo & 00 d 2 2 | ) ) ) f % 1* c n CO CO o N N—N 2 o o m�o o % n o 8 § § ° CD CO® § ® � . a ON ca ■ � 0 § 0 0 - N M N M Cq 0 0 0 0 0 0 0 0 0 o o o o 000 = c . ■ ■ ■ U. a2 a - mu LO (DIF-1001 k�0§ k k tCL :to o ° § k § /§ Kk k k k k AkAƒ o a @ a �R @ @ a Z ( K $@ @ @ N £ag @ @ § = # @@ $ 2 § � - � �-$n § a���9� ) a , @■°©a-� § - C4 0 N N N W _ U)U)�n § 00(D k § � o� �mnoo § oo d « ) R � o�W---- � �o U k 9 § � 0 � 0 $ 0 VVNo § @o°-■$S La �o LU .a c a . ■ a UO N § oo-oN-N 000 s s us LU 19 cm a dR § ON ee,! e C O 115 A CL = w � � d Y V U- >- IT 0 V N N M 47 co N O M co O O M M O 2E r r w LL m N C` CO M 0 O M O r 0 r OD V CO Q N eF w O CO CO CO CO h OD J r N r H f 0 � H r O O M N r M M V M O M O O a a W Cy a a Z N Cl) r N CD r CO V N Vl Cl 0 O Z r W C Z ago pC 3 0 ' y) CD LO ;� CID N h V M qtN r lO 10 M M ti O CO W M CO OD c r N r 0 W Ccy N caate+ ca a ' W LUV H y LU LU LU W W p N CO O � O r 0000 p 0000 LL LL to CO I-_ co r r r r O W O N C-1 O O r N_ M W CO f� O O O O O O W O O O O O O O O O O r r N N N N O O Cl O O O O O CO O O O O O O O O O O O O 41 of r r N N N N N N N N N N N N N N N N N N N 0 CITY OF OAK PARK HEIGHTS A Policy Relating to the Appropriation of City Resources for Medical Responses The City of Oak Park Heights has developed the following parameters for medical responses within the City. This policy has been adopted by the Oak Park Heights City Council on As the City has grown in size and dynamics of population,these factors have placed a much higher demand for services than was historically seen. These factors dictate and require a formal policy be developed to help reduce duplicated and unneeded services and the costs associated with those. Avoiding duplication of services and response of personnel and equipment which are not needed is an effective tool to meet such goals. The policy is further intended to prevent over burdening the cities limited financial,personnel,and equipment resources while still maintaining high level of services and reducing duplicated services. History and experience have provided a solid foundation for this policy. Review of other jurisdictions in the county which have both independent and contracted services demonstrates that these operations can be successful over an historical period of time. Lastly,the Bayport Fire Department(BFD)has been a catch-all responder to all Rescue-EMS Calls which can be unnecessary under certain circumstances. Further, BFD call volumes have risen dramatically over the past several years but which can be reasonably reduced.The implementation of this Policy should reduce that call volume saving City funds as well as relieving some service demand upon the BFD and their volunteer staff. Policy: This Policy will guide the response of City services including police, contracted or joint powers district fire rescue services, and private EMS ambulance services within the City of Oak Park Heights. It is the policy of the City to respond with adequate resources needed to provide effective services without burdening or over taxing individual services and the City resources in general. The structuring of this policy is designed to limit duplicated services while still providing the high level of service expected by the citizens of Oak Park Heights and therefore the following is implemented as it relates to Emergency Medical Services: I. Services: The City has multiple services to draw upon when providing an effective medical response. A. Dispatching/911: The first line of contact for most citizens in need will be a 911 dispatcher. Washington County Public Safety Answering Point and EMS Dispatchers are trained to ascertain information needed to place dispatch protocol guidelines into motion. The information can establish what initial responding services are required and aid in further determination for additional services. I.E.medical calls that would not normally require fire rescue,but due to location or other scene and incident factors rescue personnel and equipment would be prudent. Council approved response criteria for fire rescue will be 42 of 64 established using adopted fire rescue dispatching guidelines - that outlines examples of when the BFD(Bayport Fire Department)would be dispatched. B. Police: Oak Park Heights Police are trained first responder medical personnel and receive periodic refresher training in these areas including CPR/AED's with advanced CPR equipment and Oxygen. Officers train with local advanced life support medical providers at Lakeview Hospital or other Red Cross certified trainers to stay familiarized in providing services to assist the paramedics at a scene.Police officers are on duty 24/7 and thus are most times first to arrive on scene enabling them to start basic medical services before or in conjunction with EMS. Police vehicles are equipped with AED's,advanced CPR equipment, oxygen, and first aid supplies. C. Paramedics / EMS Ambulance Services: Lakeview Hospital / Health Partners EMS Paramedics provide a highly trained and equipped medical trauma service. They provide ALS -Advance Life Support services. They are able to draw on additional services if needed such as helicopter transport and level 1 trauma facilities. They provide 24 / 7 on duty staffing at Lakeview Hospital approximately 'h mile from the City allowing paramedics to be on scene rapidly. D. Fire Rescue: Fire Rescue Services are provided by the Bayport Fire Department (BFD) and which has first responder medical trained personnel. They receive periodic refresher training. They are able to provide additional staff, emergency extrication tools,rescue abilities,basic medical, CPR/AED, and assistance to EMS. They are a volunteer department and require page out of volunteer services who are not stationed or ready to respond. Response can be delayed by the nature of a given volunteer on call service. NOTE. BFD arrival times for medical services is typically after EMS and the need for additional assistance has passed. These factors limit the services they are able to provided at basic medical calls. By nature of volunteer on call services,excessive responses are taxing on personnel and create additional duplicated services and costs to the City. II. Response Protocol: Initial requests for medical or other emergency assistance are generally received by phone or radio at the WC Public Safety Answering Point—PSAP. The PSAP evaluates requests using established criteria and council approved protocol to determine the level of response. Unless otherwise specifically determined all medical requests in the City of Oak Park Heights will require dispatching of Police and/or Lakeview EMS. BFD is not to be dispatched for only emergency medical assistance. A. Fire Rescue Immediate Dispatch Criteria: Fire Rescue (BFD) will be requested to respond to medicals requiring additional personnel or rescue efforts and equipment. These incidents include but may not be limited to such calls as; cardiac arrest, accidents of various types with injury or possible entrapment, head / neck / spine injuries, amputations or obvious fractures involving accident scenes and physical rescue calls. 43 of 64 B.On Scene / En-route Requests or Cancellations of Fire Rescue: Police Officers and Paramedics on scene or en-route may also request fire rescue assistance (BFD). Factors for further assistance may include; past history of the subject or location, further evaluation of the scene, further information gathered about the scene from other calls or officers on scene, and other articulated circumstances. Given the circumstances and scene evaluation police officers and paramedics may slow or cancel fire rescue response(BFD) if obvious circumstances indicate cancellation and at their discretion. Factors determining cancelation may include; misinformation on the type of call that would not otherwise have required fire rescue or an obviously dead subject which is now a police investigation. C. Declination of Service Response: Police and Fire Rescue(BFD)may advise dispatch that they will not be responding unless further requested by EMS or Police subject to the enclosed response protocols. Examples may include: routine transports of medical patients from senior facilities, and response to facilities that have their own medical staff such as a MN Correctional Facility, or being otherwise unavailable with other priority call. D. Ongoing Suspension of Fire Rescue Response to Specific Locations: In the event of a request by Fire Rescue to suspend medical response to a specific location or individual due to articulated reasons, the Fire Chief will make the request to the Police Chief and upon mutual agreement the suspension may be forwarded to WC Dispatch for temporary designation. This is only for extreme articulated circumstances and for limited periods of time and it will be the responsibility of the Fire Chief to reaffirm the designation on a regular basis with the Police Chief to show the subject or location suspension designation is still warranted. The following Table 1 summarizes the anticipated circumstances outlined above as to when the BFD would/would NOT be directly dispatched for Immediate Response.This Table is further supplemented in Addendum A to this Policy that gives further examples of the dispatch protocol based on circumstances. Calls tvalcaliv NOTreauldna Fire Rescue[RFD)Response Level -ALS(Advanced Life Support)NOTE:BFD will Respond if Caked out Due to Circumstances-See Addendum A Level2-ALS Level3-ALS Level I-BLS(Basic L le Support)NOTE•BFD wile Respond!f Caked out Due to Circumstances-See Addendum A Level2-BLS Level3-BLS Lift Assists-Non Injury/No FakarSurrounding Hazz.Conditions Calls Wcallvrequiring Fire Rescue WD)Response All Fire related Calls(Examples:house,business,brush,chimney,electrica4 rescue,etc.) All Levell ALS/BLS when Dispatched due to nature of inddent(Examples.Car accidents arextroctions)-See Addendum A Fire related Mutual aid Water Emergencies Coles involving:HazMat Gas koks and Odors 44 of 64 III. Regular Review of Data:The City's Policy attempts to save public funds yet continue with high quality service delivery. This goal should be monitored with some regularity to see if a reduction in calls to the BFD has actually occurred and/or if such policies have created any unforeseen service gaps. TOW 2 It is desirable that the City's RESCUE& ALLOak Park NeWhts EMS call volume will be reduced from its RED Rh EMS. GOODMW FALSE RELATED k F.'Mti DAiTERr ALARM T6F0.L current volume of 600 calls for 2018. It is 199s 22 _..- ji 14 1 2.061 1999 36 ..M �92 11 5 134 these calls that can be handled by OPH 2ODD � ,3r 19 3 162 Police and/or Lakeview EMS leavin the 2 '� •,--3n 25 5 200 g 2062 30 4 57 21 282 BFD free for other responses that truly are 2D� 310-;: i(A 74 18 236 3004 39 -701, 52 22 1:1 S require their services. 2rIZI$ 33 251 42 40 366 2:T6• 30 59 421 °_,0' •,4 __-.�' 0 2 40 376 The City acknowledges that the 2006 34 30 34 SPD implementation of any new policy can 2VC? 21 _-"3 34 4 2DIV 32 .-60 33 45 370 require some acclamation by all parties. 2011 47 3Cji 10 26 369 2:•12 25 _.Ji 50 22 558 As the annual data becomes available it 2OL:, 30 546 81 59 716 should be reviewed for impacts. zo14 40 576 92 51 759 2015 30 596 96 46 766+ 2615 19 632 84 44 765 2017 L31 6761 761 39 624 203LRI 41 743 N. Implementation of Policy: Upon the adoption of the Policy by the Council,the Chief of Police is authorized to engage with the BFD, Lakeview Hospital and Washington County Emergency Dispatch Staff and/or Sherriff to enable the contents of this Policy. The Chief of Police shall have discretion to incorporate reasonable parameters to effectuate the underlying goals of the Policy that may additionally enable service delivery and/or cost savings. 45 of 64 Addendum A to CITY OF OAK PARK HEIGHTS A Policy Relating to the Appropriation of City Resources for Medical Responses 46 of 64 Iidt T e FB—FD Immediate Exam a Incdent Type Exam le Incident Type.._ ... BFD FIRE Code Problem Incident Sub-type InddentType Priority Res on y Normal Incident Conditions .Pd.mesmmnns •M.ALF—I-aS YAWONFI VAkdunYml hkVRAk" Lwd"L3 Lnd1 a NO •sal.m Tmalw •FdM,dbsSlavnlYu pde •Fmn1.1140 YAMiDMFt I y1Wd.nAn.l nkyPmek.o-i I.wl i-ASS L Nus no "-`_ Reum ver/.b�l.K r•um..welwep .. T. 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YES _ HU2F •C.*m M-.AWM.rm F Rm Ahrm FV,Fin A:..In Nm YES MF Ahrm YM.MEO1 YMNE.YM•nn•1 laud l4a Lend L-1LL5 YA] ............... ....- .,..:..�...•Medk.10hrm MlM twgmwdmWct�NP•drnt ... -1.-. :-....._.r..-•...., 03 kat/d•mml 1...1 Lila _.lMd2-ALS'.• ,.,_..f.Np,-.- _ •MMulMrm wnhd m.d. OUNrIN ynu Mwm-YhM Flaw iw•Ah-W....Fl— Ylm YES HUSF •Nhmr Faw AbM YART-1 ~k ahoy-! Iwd 1-MS Iwd 1-Aa NO •PrlPdtYSmgwmS _ ..-_.,.... SIwdYY/SeMI�°L•,F.sT aum• yART-1 YAsn_IIbJuLy-1 - ladi•Aa Fwd l-Aa .NO .eumiwh..ntl•nF,M.edlry MMlad�� . nil _ Lead}Sa No _ ���.-_�MMrI_NWn ��• •YMdry Synyt.mF yMCgfFl Yk.rk P• jW,Tmum•}3 Lwd 140 L.ad 1-ALS NO •FeAlmdcryw hal .Ehmt Wh yOAOOq-1 I H!d�hlniklnn•Tnmwl.i I.ed 1-Mf Fwd i-�IS� 110 ...:..e.�.- ..... 7r.lnml ah.ws Mm.W •YmP!•!!� a.J„—xa .._ ylACRPgd Y0Mk hlnikan Tnum.F3 Fwd}Sa MO - •YanAr.I.naMNw.tfW what brawn lend hhw•.kad aam •PrbLNySmgwn• - YMIE•1 ydml Ma a11.P1 ., IIAM ..__ .. •Mlhrth.Ypll.wfuedy:a.wnkn.Mk/Laab/Pda.dm•nwAJdlmmaO1/bduwUiVanln.:dh(lYullPwI0.w.F)./W vWfacW.mnbpyupVn•ml : O tic•dirul -. _.�.-.-.: kd ryawedtN ndw.rdlflwdlma.Mml Meedl debmYrywiwbllrym meafleudllnddhwnkmVWwu..wwn/ 47 of 64 FIRE Code Problem Incident Sub-type Incident Type Peori _—.. ....._ b Re ndin YIN Nolmnl Incident Conditions Ymcl I ..... ml.i ewikgwnYwi.a yMlla yMInmISM hYuMa Iwd LM9No ..�.�.. •_ -_. L- ....,. .wbn h•pPmm�Mblmwbb.ee ..� .....��,�.-....,._-_- �� .� sm.a mwMdl .Inlpu. yalbllPSE NdIMIat.II.PM AnAl411 PIU Meted M S6 NIIRII •fbemlUwNOA. •rynNRnmuWm •PdwIMSYmquR YMEW4 VS-Ai!-1 L-dl-RIS IRed 1-R15 NO •Nbn.eh pI— pDhO WM Ma.Wt •Preymnq .._,. .._....- _.. ..,._,....e.,....,.a�_.__.,........ v..__,...-_...e1Mn° .hadtut/Uplro//._.!,U/Ym Mt I�dlh�l up�!bwntltwMvut PnutNY•bMlutw I a MM1iL5 NO elyo M bmnfoo ro. U M msulhmm�l.-Wdmul d. l.eo •.-"` Y6 HUM •rwml.a.er Mem.h.mhM ybmb Test a fm Rom_sTh¢, An Y6 _ —MIF •Me6Thrwl .PenewbRWd YaReCLPS! Wis.C.M.P. fb.M611pb MedMd An Y6 NUMk •OUMtruetlendU •Rln.d W wsm 6 •flntdlhmdM Y51RIK7 Fawe-1 Iwdl-MSIR} level l-RIS No •NI41NMMmuu •MUf Rums.2Mdhpdrs n. _LL .:._. 1.....- bmreUbriyfooyl.yaMu�WINQ ,. va Muria F�!IW2 feud LRlS Imll-ALS _ •,..+-H _ _.. _ - ImX1hu •BONN humelR%oFMAFauhiw - _�.�` •." - _ IIIL•13 l.eel3al9 ND -..-_ - •P&dtY www— PYRMIRGI yQ,deeiewnP V-1I.e.a..xl. Ll.d 1-RLS NO •PNM-rol ewn N bdR.tw rM •I'Md•.wupldbemlbut YYAaPNGa 1q_tdet�Han pmNmnra <wd galls larel LMS MO -- ,_- .: .•. _. PxM1YYerd.n�alu,.mb_...._ PMw niteu...a -"few aaais•. '�--no-i'-' ..,.. -._ -,.•-_.__ 1a.�gr.IHmnwnad�.dN.m yrrR.._hwe _ •1h-wu nb�wMtrourdwhlsro w.edflcF bmn.bdoN��"39.,- -:•'.�_•,. YSbert1nlurl-1 Imrel 1-ILLS UMI-ILLS NO .P.xbdu/w. dt 6MW .a•• •.tln'•y _ Iw.l 2-Al5 "4rd:dlb �,jap •,•••a_.•�•••,..,��-.-.. •FeMM hMR anawm wle lsYK offhpd[�-,.u, ... .�,......'...._.6.,_. •tlwedN r1m.0 lorry •PdNIIY SYmPUtu YMOM-1 Ychnt Pdr4Mm Ud1.*1 Iwd 1#M fwd I-RIS NO •fdnV,dd1a HieenYgM peeea5 ....fwd LRIS Iwd LRLS .................._.,-._................-�.,.�..�..-�IRldutl.n YOgaL1 _....- .MK3 IeM 1-MS • clS lbout--•�...-:-s ...._..._�__.��..v.,..,.....- ...:.. ..�-._.._ fwd 1-MS t vChohkw3 .Nf'r .-' -IPb""- "lwel3-!L4 .. W.11 MY1h ....- ,.. __.,..•hbrllYSlmT?m _ Ullnddmt eRd SMoW •Rh4bblkw ad nuk -wads _ .•._. ....• ..•• ,•`. . fbr�M fill McGul IeM l-1115 YFS NUALL t MNNtbn -_ -Fire lsl.re71-(ia5 y M YB MIIF •RnM.SMMI _ knwn udmn menMMe amewlN YFid Rercsl MM1-RLiIW 4M 1,RlS YB NIIIR •Net M..WM •URF 6G1 SU ONeme hdvry lwdl#IS IeM S.RlS No •Pd.MySYmpMnu •s.wn Mwd 4..m. vdwwTnum. 48 of 64 FIRE Code Problem Incident Sub-type Incident Type ArlorRY Respo_nd�l`YIN NOS°I Incident Cond7d°ns 7143 D.m 1.rr l-ALS feud i#LS ro xuiE _ .DeKro[ht ud.r'Dbdon Outlf mr..wlm bdien.ur. TDVIFL yW.bdkl IMI LALS t«d 1-ALS NO •—,orSTmplenw loud 3Y5 IID .Oomdoued Wt ,•••�`A'••_••a'•m•.•••,•,^__...y ..,. VDWWN-i Vgdq/Drowd;gi LLw)L-ALS m►1 Iard3415 CES xu1N •31•.IbwwMYYNII/«swMKgwtllglF —_.__ _ •aH YDAtIW142 Vpvlr�iU,mxnlnk3 1n!r1 i-AI! -lLu.r.Mm ---- NO ..r.—=-OuyTfwlY NNh.ul butbVtlYiwnilre,uuamnl Na ---"_= .opi.iwi.roMw,t d.d I wmrewwiehwimhYln;:le- yDYMl YDonwdelAsknminlmpl Ind 1-ALf teed 1-lD9 ND •plwkVPVmNe« TDVA-i .riw.ik Vlol.nol t;MA,aVDV W -. M«W kVd EaYL lerN LALS ND - T w« Ad -Vbkoo .. 3-GLS .,..:.....,NO ..r. ._..:,: .,..--....cz-�.._�_. —lo«rMi?n6��mntmN.e �. LerN .Yid.n45ultld.I Dw•VhW YurrohMl.br •Neporled by p.dDt 11ltpmon) •DndilodywNh.okled pecan, VOP-1 YEDOWNWif Murb Pernod WK-ALS lord 1AU NO •3b PYmnrepertwh.mlr*.y/MnrYmm Wxpo. ."dou k TED" •tWwro bdNNY netl�mNYObIvb PYnri IPD Odd EDP _ f.v. -qU •�,- .Okn rd In d...au ftc gwAikr"kin. N lb« OifNrb Pmond loP3dL5 lord SELs .. �� •NWe3b-.�epyr 4tr«tmYx hditp YEIErA NO TpeCrotYWn•1 rod. .edm.ndin Hr.arc el ltodN 6nPrMWAND h... mtl dtiwMhln. «ftlwvL ._ .. Itrd INU lord S.NS ro xUIN .Powe YmmrCod•PM dbdS tryDrretY arr�.lwel. �� rElEC3 I yaomo<nn.p.i la.di.Als lordiJVS NO -- - grxutland { -_ lwni 7.Olf :- •:•-pp•..::_: ._�__ .. :_::c-.u:_:_.•P�wdkmroalyd. Inlw16 _.. . or -mum vusotr° VHM4.1 x.r.rd I:r•:•Flvci.ir..'Kua,d FW CESHY1F •Traraf—lko • � - •tkknwruWll NN«hrm.m Wm.ppY erwW VELE° 2 VD«IdY1MY.rdwkF mhny ::;.c r++[.,I..+:•.Ll•tS Fko ro HVLF .P—mMm...w.lhok oet y mos SErPledon -�..••Fisc-L-y Mbn- --. Fln VIM ND1F .P—t.,w YONES-1 yBNeoobnwim kory M11 rl.I—.,-y:;7L'. Poe VM MV1F •.Flr./Snwh (COLD) • Flo tySw.pkxn. •C rdoehhtey yEKMUN-1 YE.Por«o Hoot/Co61 lend LALs led LAZE NO •OFw»k .W4od4s,"Mwow •Hhh ho*b.roYaam •shorn Ww". I_V1011 VEYIPDSMZ v1bgMw.NYIlcd,, lord LATS l..d LMS NO •kiu•y H d..d to Nn.rrlmeyaryrom or w 11 Yn(Embt.) •Gorrryo 49 of 64 FIRE Code Problem Incident Sub-type Incident Type Priority Normo! 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VWATIR 3TUMnEmnEOny Wain m HML 53 of 64 Eric Johnson From: Karen Kill <KKill@mnwcd.org> Sent: Monday,October 28, 2019 12:10 PM To: Jeanne.Daniels@state.mn.us;Sorensen,Jenifer(DNR); Freitag,John (MDH); Berg,Jeffrey (MDA); Sventek,Judy,Jeff.Risberg@state.mn.us; Beth Neuendorf; Stephanie Souter; Maureen Hoffman; Molly O'Rourke-Wash Co Admin;Jay Riggs;City of Grant, Bryan Bear(bbear@ci.hugo.mn.us); khandt@lakeelmo.org; linda@townofmay.org; Eric Johnson;Shawn Sanders; Bill Turnblad (bturnblad@ci.stillwater.mn.us); Kathryn Schmoeckel; Mike Isensee;jhanson@barr.com; Matt Downing;Alms, Eric(MPCA); Bill Voedisch; Fabian, Dan (BWSR) Cc: Cameron Blake Subject: Brown's Creek Watershed District 2017-2026 Management Plan Amendment— Approved October 9, 2019 BCWD Plan Reviewers, The Brown's Creek Watershed District's 2017-2026 Watershed Management Plan was adopted by the Board of Managers on October 12, 2016 and amended October 9,2019 for the following purposes: • Update Implementation Plan-Added Stormwater Reuse Projects: Oak Glen Golf Course,Stillwater Country Club,and Long Lake Regional Treatment • Update Implementation Plan-Added Diversion Tributaries Headcut Repairs The final plan amendment is available on the BCWD's website at www.bcwd.ore or you can copy and paste the following web address: I tt, ; f s r eka er l e gvoffiice3,con Lveiti IfSit � B1BEC C- 1,1. 3 �1 F Thank you to those who reviewed the amendment and provided comments. Please let me know if you have any questions about the District's final Watershed Management Plan Amendment. Sincerely, Karen Kill Administrator Brown's Creek Watershed District 455 Hayward Ave N Oakdale, MN 55128 651-330-8220 x26(office) 651-331-8316(cell) www.bcwd.ors 1 54 of 64 Eric Johnson From: Mary Mccomber <marymccomber@aol.com> Sent: Saturday, October 26, 2019 9:14 AM To: Eric Johnson Subject: Fwd: Putting Cities Front and Center in the Campaign for President For weekly notes ----Original Message— From: National League Of Cities<news@nlc.org> To: marymccomber<marymccomber@aol.com> Sent: Sat, Oct 26, 2019 6:01 am Subject: Putting Cities Front and Center in the Campaign for President View in browser. C300M Th� Weekly r '4 I a� Leading Together: Putting Cities Front and Center in the Campaign for President 1 55 of 64 Cities are integral to the fabric of America. And with voters going to the polls for the 2020 presidential election in just about a year, our communities must be heard. Learn more about NLC's Presidential Election Task Force. GET ANSWERS ON CYBER NLC SUMMIJ SECURITY AT CITY SUMMIT REGISTER How Lincoln, Nebraska Weathered the Great Recession While many Midwestern cities have seen stagnant growth, Lincoln has been touted as "recession proof." In Oakland, Building Workforce Success By 2020, 2/3 of jobs will require postsecondary education. Yet many residents face insurmountable barriers to attending college. Ten Ways to Protect Your City from Cyberattacks - Every hour, 26% of local governments report a cyberattack. News Seeking Attention For City Priorities From 2020 Presidential Candidates Route Fifty- October 24, 2019 Net Neutrality Gives Cities Some Flexibility CitiesSpeak- October 22, 2019 Proposed Changes to the Fair Housing Act Will Set Cities Back 2 56 of 64 CitiesSpeak- October 21, 2019 Announcements NLC Committee and Council Membership Applications Open The only way to make a difference is to get involved - and local leaders know that best. You can now apply for membership in an NLC Federal Advocacy Committee, a Member Council or Constituency Group! Learn more. NLC Nominating Committee Announced NLC President Mayor Karen Freeman-Wilson has appointed a 14 member Nominating Committee to make recommendations for NLC's board of directors. Learn more about the committee's members and how you can attend its public hearing at City Summit. Free Event I City Fiscal Conditions The National League of Cities analyzed fiscal trends from over 500 cities, towns and villages for our City Fiscal Conditions 2019 report. For the first time in seven years, cities anticipate a decline in revenue. On October 28 at 12PM, NLC will release the report during an expert panel discussion at our D.C. headquarters. Lunch is provided but RSVP is required. Events November 20 - 23 NLC 2019 City Summit (San Antonio, Texas) Job Postings Senior Manager of Economic Development -- City of Raleigh, North Carolina City Manager -- City of Clayton, Ohio Assistant City Manager -- City of Hillsboro, Oregon LEPAILZ OF Cn= i ( NWZPIAL r 3 57 of 64 You may opt out of email communications from NLC at any time. Update your communication preferences. This message was intended for: marymccomber@aol.com 660 North Capitol Street, NW, Suite 450 Washington, DC 20001 Privacy Policy ©2018 NLC, All Rights Reserved Powered by Higher Logic 4 58 of 64 Eric Johnson From: Mary Mccomber <marymccomber@aol.com> Sent: Thursday,October 31,2019 5:13 PM To: Eric Johnson Subject: Fwd: Legislative Update -October 31,2019 For weekly notes -----Original Message----- From: Rep. Shelly Christensen <rep.shelly.christensen@pu blic.govdelivery.com> To: marymccomber<marymccomber@aol.com> Sent: Thu, Oct 31, 2019 4:08 pm Subject: Legislative Update-October 31, 2019 UlWing trouble viewinq this email?View it as a Web asap Shelly Christensen W NEBA HOUSE OF Xl3CrA3TM UNIM 390 Dear Neighbors, With the weather getting colder, there is plenty to look forward to, including outdoor activities that make up much of our fabric as Minnesotans. Unfortunately for many in our community, winter can pose difficulties when energy bills start piling up. No family should be left out in the cold, and help is available to make sure this doesn't happen. For more information, including eligibility and how to apply, please visit the Minnesota Department of Commerce's website here. Taking on Big Tobacco This week, I was proud to stand next to my colleagues as well as educators and students as we announced our comprehensive plan to prevent youth tobacco use, especially e-cigarette use or"vaping." 1 59 of 64 Big Tobacco is using misinformation and child-friendly flavors to market their products to children, and as a result we've seen the first rise in tobacco use among Minnesota's youth in 17 years. It's time to take this seriously, and I look forward to working on this issue next session. Conservation Minnesota Town Hall I'm excited to share that I'll be working with the folks at Conservation Minnesota to hold an environment-focused town hall in our community on November 16. Minnesota's natural beauty is one of our greatest treasures, and it's important that we protect it for future generations. I hope to see you there as we discuss environmental issues impacting our community, and how we can solve them. i 60 of 64 ■ Environ e Issue = ase Town Hall We invite constituents in 39B to a town hall to speak with Representative Christensen about important environmental issues affecting their communities and policy priorities for 2020. DATE LOCATION November 16, Stillwater Public Library 2019 Margaret Rivers Room 224 3rd Street North Stillwater, MN 55082 TIME CONTACT 10:30-11:30am keely@conservationminnesota.org Questions or RSVP CONSERVATION 1W MINNESOTA Protect the Minnesota you Iove In addition to this town hall, the House Climate Action Caucus, of which I am a member, is continuing to hold public conversation on ways we can take on climate change in our work at the Legislature. The next event will focus on housing legislation, and you can find more information on our Facebook event pa-ge. Investing in Safe Schools 3 61 of 64 Minnesotans deserve safe and secure schools, and protecting our students is of the highest priority in our work at the Legislature. As part of Minnesota's new education budget passed earlier this year, over$30 million in funds will be available for Minnesota's schools at the end of the month as part of the 2020 Safe Schools Supplemental Aid. That includes $289,708 for the Stillwater Area Public School District. The 2020 State Schools Supplemental Aid is a one-time appropriation included with school districts' Integrated Department of Education Aid System (IDEAS) payment. This investment will better ensure that our community is able to address the unique safety needs of our schools—such as mental health counseling, facility security enhancements, peace officer liaisons, gang resistance education training, and other safety provisions. A Plan for Robo Calls Robo-calls are disruptive and cause people to not want to pick up the phone when it rings. And in fact, Minnesotans on average have received 58 robo-calls so far this year. My colleagues introduced a plan to crack down on the calls to protect Minnesotans from the predatory scams, and I look forward to supporting the bill during the 2020 legislative session. You can read more about the plan from MPR here or watch the WCCO clip Minnesota Values Project As mentioned in my previous update, the Minnesota Values Project is an ongoing partnership between Minnesotans and the legislature. We're wonting together to create a shared vision for the future of our state, and your input is an important part of this process! You can let us know what's important to VALUES you, your community, and Minnesota by taking a PROJECT quick survey here before we close it out soon! Stay In Touch! As always, if you have any questions about the topics raised in this update, please feel free to contact me. During the interim I'll be back home working with neighbors to find solutions to the issues facing our community and state, and I always appreciate your input! You can reach me at (651) 296-4244 or r o h li . hri tenser h e nine. I look forward to hearing from you! Sincerely, Representative Shelly Christensen To unsubscribe, click ._ 4 62 of 64 Metro Cities News 11/1/19 Page 1 of 2 CMETRO�j Member Login B sena h ou,litre ORMgooken Murkiin dee Home Metro Cities News About Us Meetings&Events Membership Advocacy Policies&Resources MAMA Return to the blog Upcoming Events Metro Cities News 11/1/19 by:Kimberly Ciarrocch! I Thu Nm14,2019 Category:NeWSlgtte[ MAMA Luncheon Crt 9wy:MAMA Thu Nov 14,2019 Nov Merro Regional Meetlrw/Pollcv 01 In This Issue: Adoption Meeting CetMprr Meetng Join Us!LMC Metro Regional Meeting and Metro Cities Policy Adoption Meeting wed Dec 11,21111 2020 Draft Legislative Policies I MAMA Holi Soc!alM Local Government Innovation Awards Categoy.MAMA View Full Calendar Announcements Join Us!LMC Metro Regional Meeting and Metro Cities Policy Adoption Meeting Metro Cities' are now available for review.The draft Join your colleagues for the LMC Metro Regional Meeting and Policy Adoption Meeting on Thursday, policies were recommended by November 14,2019 in Minnetonka!The metro regional meeting is jointly hosted by LMC and Metro members through Metro Cities Cities,and Metro Cities membership will also meet to approve the 2020 Legislative Policies.The four policy committees and were meeting will be held at the Sheraton Minneapolis West in Minnetonka.Several state agency approved by the Metro Cities Board of Directors at their October commissioners will join us to present information and updates at the regional meeting.The afternoon meeting.The policies will be concludes with a networking social hour. adopted by Metro Cities membership at the Policy A membership quorum is required for the adoption of Metro Cities'policies,so each member city Adoption Meeting/Metro Regional should make sure to have a representative present.Click here for more information and to register.We Meeting on Thursday,November look forward to seeing you there! 14,2019.Please be sure to mark your calendar and plan to attend! 2020 Draft Legislative Policies Metro Cities'Draft 2020 Legislative Policies are now online for review.The draft policies were recommended by members through Metro Cities'four policy committees and were approved by the Metro Cities Board of Directors at their October meeting. A memo,link to the draft policies and Metro Cities'policy adoption protocol has been mailed to city administrators/managers.The policies will be adopted by Metro Cities'membership at the Policy Adoption Meeting on Thursday,November 14,2019.Please be sure to mark your calendar and plan to attend!Click to read the agenda and register. Each member city has one vote,with one additional vote for each 50,000 population above the initial 50,000.Once the policies are adopted,they will serve as the framework for Metro Cities'work at the Legislature and Metropolitan Council in 2020. We hope to see you at the meeting!Comments or questions on the proposed policies should be directed to kimberl)*metrodtiesmn.org or 651-215-4000. Local Government Innovation Awards 63 of 64 https://www.metrocitiesmn.org/index.php?option=com dailyplanetblog&view-entry&yea... 11/1/2019 Metro Cities News 11/1/19 Page 2 of 2 The Humphrey School of Public Affairs at the University of Minnesota recently named 17 winners of our Tweets Local Government Innovation Awards.Projects are recognized in up to five categories(cities,counties, schools,townships,and Native nations)and one entry in each category is named Leading Innovator.To Tweets by see more information on each category and the projects awarded within each category,click here. @Metros tiesMN An awards ceremony will be held on Thursday,December 12th at 5:00 pm at the Cowles Auditorium at MM Metro cities the Humphrey School of Public Affairs.Click,erg for more information and to RSVP. @MetrocitiesMN Monday nights Met Council Share this post: Community Development Cmte recommended live cities to piece their 2040 comp plan updates into effect-@coonrapidsgov, @FalconHeights, @CityofHamptonMN,Corcoran and Arden Hills.Final Met Council review and authorization is scheduled for Nov 13. Oct 22,2019 Metro Clues @MetroCitiesMN Metropolitan Council Chair Nora SlaW k speaks with the Metro Embed View on Twitter Metro Cities(Association of Metropolitan Municipalities) 145 University Ave W,suite 125 St Paul,MN 55103 651-215-4000 Back to top�► powered by Q Meutbat:Yds 64 of 64 https://www.metrocitiesmn.org/index.php?option=com "Iyplanetblog&view=entry&yea... 11/1/2019