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HomeMy WebLinkAboutweekly Notes- December 13th 2019_ CITY OF OAK PARK HEIGHTS-WEEKLY NOTES for: December 13*,2019 TO: City Council Members& Staff FROM: Eric Johnson,City Administrator Zoning&Development Items: 1.No new applications have been received. 2.Wendy's is reopening soon;however,they are required to make improvements to their roof-top screening,garbage enclosures and landscaping.This will not happen until summer 2020.The City has required them to sign the attached commitment and produce an escrow as a tool to allow them to open without such improvements being done first.See the enclosed document to HAZA FOODS. Other Items • METRO CITIES has provided a listing of their Annual Policies as adopted. I have a full-copy here at City Hall,but can also be viewed at https://www.metrocifesmn.org/2020-legislative-g_olicies, • The City is a member of the LMC-Insurance Trust,which does return dividends to member entities where losses are below revenues.For 2019 this figure is$3,320 for the City this amount can rise and fall over the years based not only on group experience,but also our City's rating.A summary is enclosed. • The City is a member of the East Metro Water Resources-(EMWREP)Storm Water Group.This group implements various stormwater improvement and protection activities for a number of municipalities-which would otherwise be required to be handled individually and are require under the City's MS4-Permits from the MPCA Enclosed is the annual report and the planned work targets for 2020. Our annual cost for 2019 is about$1751quarter. • The Oakgreen Ave.Cooperative Agreement is completed and has been sent back to Baytown Township.Lee Mann is finalizing bid specifications. • The City has noticed Miller Excavating of the Liquidated Damages for the incomplete PUBLIC elements of the Palmer Station site. Please see the enclosed letter from STANTEC dated 12111119.We expect that there will need to be some further discussion about these,but to date we only received limited responses from Miller Exc.Once can expect that this communication might spark some interest. Mayor McComber provided: 1.Update from MNDOT on Stillwater Lift Bridge. 2. NLC Weekly for 1217119 3.LMC Endorsement of NLG Federal Advocacy Applicants(including Mayor McComber) Please let me know if you have any questions-651-253-7837 Call Anytime. 1 of 27 Commitment and Agreement Following the incidence of a fire at the site of the Wendy's Restaurant,located at 14560 60m Street N.(parcel#3303020430037),Haza Foods of Minnesota,LLC('Tenant")has performed improvements to the facility that were in exceedance or supplemental to re-establishing the pre- existing conditions.This supplemental work then triggers and necessitates compliance with other City of Oak Park Heights("City')rules that are in effect for which the site must come into compliance with. The following terms outline the parameters of acceptance of site and building improvements: 1. The Tenant is required to provide a Landscaping Plan for review and approval by the City as part of its site redevelopment.The Plan shall be submitted to the City not later than March 18t,2020. Once the Plan is approved by the City,the Tenant shall complete all landscaping work by 7/31/20. 2. The Tenant is required to screen from the public view,all roof-TOP HVAC and/or ventilation units.The Tenant is required to provide to the City a plan for review and approval that demonstrates compliance with City screening requirements.The Plan shall be submitted to the City not later than March 111,2020.Once the Plan is approved by the City,the Tenant shall complete all rooftop screening work by 7/31/20. 3. The Tenant is required to provide and utilize a trash enclosure.The Tenant is required to provide to the City a Trash Enclosure plan for review and approval that demonstrates compliance with City regulations for hiding these units from the Public view and shall be of materials similar and complimentary to the primary structure.The Plan shall be submitted to the City not later than March 1� 2020. Once the Plan is approved by the City the Owner shall complete all work by 7/31/20. Due to the winter-season,these items cannot proceed until 2020.The City and Tenant agree that the City will not withhold building occupancies due to these required yet incomplete items.In exchange for this consideration,the Tenant shall supply the City a cash deposit of 125%of the value of these required improvements to the City as a security necessary to compel the work in the timelines afforded.The estimated costs of these improvements are minimally estimated to be$60,000.00;resulting in an escrow security of$75,000 payable to the City. The City shall not issue occupancy permits until this document is fully executed,the amount is paid to the City and all life-safety and/or internal code elements are addressed to the satisfaction of the City Building Official.These funds shall be held by the City and released to the Tenant upon satisfactory completion of these items listed herein.Should the Tenant fail to complete the necessary items listed in the timelines noted, the City may pursue all legal remedies to enforce necessary action,including but not limited to the revocation of building occupancies and may additionally retain 100%of the escrowed funds as a penalty. The Tenant does release the City from any and all claims should the City be compelled to compel closure of the Tenants operations due to non- compliance with these terms by the Tenant.Except for willful negligence on the part of the City,the Tenant shall and does indemnify and holds- harmless the City from any and all losses associated with entering into this Agreement and/or actions necessary by the City to compel the Tenants compliance with this Agreement. TENANT• HAZA FOODS OF MINNESOTA,LLC Date Signature for Tenant—Must be able to Bind Firm. Printed Name of Person Signing. Notary for Tenant Signature—Affix Notary Stamp Here > CITY: Date Eric Johnson,City Administrator Notary for City Signature--Affix Notary Stamp Here > 2 of 27 CM METRO CITIES Association of Metropolitan Municipalities November 25, 2019 Eric Johnson, City Administrator City of Oak Park Heights 14168 Oak Park Blvd N Oak Park Heights, MN 55082-6476 Dear Eric: Enclosed are two copies of Metro Cities 2020 Legislative Policies. The final policies are also available online at www.MetroCitiesMN.org/2020-legislative-policies. The Metro Cities membership recently adopted these polices at the Policy Adoption Meeting on Thursday,November 14, 2019. This meeting was held in conjunction with the Metro Regional Meeting that is jointly hosted by LMC and Metro Cities. Policies are developed by member city officials through four legislative policy committees, submitted to the Metro Cities Board of Directors for approval, and adopted by the membership at the annual Policy Adoption Meeting. These policies will serve as the framework for Metro Cities' work at the Legislature and Metropolitan Council in 2020. If you have any questions or would like additional printed conies, please contact Kimberly Ciarrocchi at 651-215-4000 or Kimberly@MetroCitiesMN.org for more information. Sincerely, is Na Executive Di for Enclosures 145 Unimmily Ave W 9 St.Paul,MN 55103-2044 0 Phone(651)215-4000 •Fax(651)281-1299 0 www.MetroCitiesMN.org 01 L rlCLEAGUE MINNESOTA CITIES December 5,2019 Dear Member, Enclosed is a check for your share of the$2.5 million dividend being returned to members of the League of Minnesota Cities Insurance Trust's property/casualty program for 2019. Also enclosed is an Information sheet showing the data used to calculate your dividend, and your dividend history. Your agent will also receive this information,and we encourage you to share it with the city council or other governing body. Dividend Formula The formula for calculating.dividends is designed to return proportionally_larger..arnounts..to.members with a longer history of coverage with the Trust and greater success in avoiding and controlling claims. Your share was determined based on your gross earned premiums and total adjusted claims for the past 20 years, as shown on the enclosed information sheet. As you review these numbers, keep these definitions in mind: • Gross Earned Premium:This is the total of all earned premiums for the past 20 years as of May 31. • Adjusted Loss: This is claim costs for the past 20 years, minus applicable deductibles, and after capping each individual large claim. Individual claims are capped at the lesser of$200,000 or 200 percent of the annual premium for the year of the loss to lessen the impact of a catastrophic claim. Dividend Amounts The amount of this year's dividend reflects an increase in total incurred costs in recent years, in large part because of exceptionally high property losses and increased police and employment liability claims. Changing loss patterns like these, actuarial projections, investment results, legislative and coverage changes, and our strategic decisions about things like the most cost-effective way to structure our reinsurance purchases can all affect the availability and amount of dividends from year to year.Trust representatives will be talking with members and insurance agents over the coming year to gather information for our discussion about the relative benefits of regular dividends versus lower up-front premiums, keeping in mind our overarching goals of maintaining a healthy fund balance and-preserving rate stability. Thank you for your continued membership with the Trust. We appreciate your confidence and the chance to partner with you to serve your community. Feel free to contact Laura Honeck, Trust Operations Manager, at Ihoneck(cDlmc.ore or 651-281-1280 if you have any questions, comments, or need additional information. Sincerely, The League of Minnesota Cities Insurance Trust Board of Trustees Jake Benson, Councilmember, Proctor Lisa Sova, City Administrator, Crosby Dave Callister, City Manager, Plymouth Dave Unmacht, Executive Director, LMC Clint Gridley, City Administrator, Woodbury Alison Zelms, Deputy City Manager, Mankato D. Love, Councilmember, Centerville LEAGUE OF MINNESOTA CITIES 145 University Avenue West PH: (651) 281-1200 INSURANCE4p12dIST St. Paul, Minnesota 55103 TF: (800)925-1122 (651)281-129B LEAGUE OF MINNESOTA CITIES INSURANCE TRUST PROPERTY/CASUALTY 2019 DIVIDEND CALCULATION AT MAY 31,2019 Forest Lake Ins Agency 232 Lake St S Forest Lake MN 55025-2605 Oak Park Heights GROSS EARNED PREMIUM_ $1,448,434 14168 Oak Park Blvd Po Box 200 ADJUSTED LOSSES $542,071 Oak Park Heights, MN 55082-2007 MEMBERS DIVIDEND PERCENTAGE 0.00132803712 DIVIDEND AMOUNT $3,320 Oak Park Heights Premium and Dividend History 3140,000 5124000 $100,000 -. $60,000 $60.000 — i 540.000 520,000 $0 s.Onene,�bM,qt.n.,,� _ elii�m ._.. -etaesxst (—� _ Z7i2?.51..D 5- - 107-M lA6_- .S'xleeq _._ s1u6;/ _ Sa aan _ -' Oak Park Heig hts - --- - 52.5W.000Premiums and Dividends Since 1887 sz,o66,a6o $1,9U,714 $1,600,000 $1,000,000 s604000 $406,758 so Written Premiums Dividends T . I •t.n^.. TEnt .iaa6 t _.,tr ..... _. _. _ rF w..tdl0c frr. ..r��e P�rcr.n.it -�frem_•n rt fr�U:enune.c;sn-.,•...ee •r,• ., v n n,,, -r'2r 6s rt 1..til! rn.�temmbe•: ,ep t••a th l.W?+p,,l[en Fre^•.,•tt ee••be rt1[.r 1 5 of 27 ..cs n' NO. 178749 LMC145 UNIVERSITY AVE.WEST �--�- ST.PAUL,MN 55103-2044 LEAGUE of (651)281-1200 MINNESOTAW W W.LMC,ORG December 4,2019 $3,320.00 CITIES PAY ***Three Thousand Three Hundred Twenty and 00/100 US Dollar f0 THE )RDER City of Oak Park Heights OF 14168 Oak Park Blvd N Oak Park Heights,MN 55082-6476 111 "674911' 1:0910000221: L04755879665u' Check 178749 Date of-check 12/4/2019 Vendor : 100582, City of Oak Park Heights Invoice number Invoice date Payment amount 2019 PC Dividen 12/1/2019 3,320.00 Total 3,320.00 6 of 27 EMWREP 2019 YEAR IN REVIEW PLANTING FOR CLEAN WATER WORKSHOPS Learn how to add beauty to your yard with native plants, raingardens,and other landscaping features that protect water and provide habitat for birds and pollinators. During our"Wonderful Wetlands"workshops,we talked about unique plants and animals that are found in wetlands, invasive species,and rules that affect what landowners can and can't do with wetlands on their properties. Workshops help residents to connect with resources including: Incentive grants-Free site visits-Garden designs-Plant lists-Conservation plans for larger properties Planting for Clean Water-Blue Thumb Basics • Thursday,April 4: Wyoming Area Library—41 registrations • Thursday,April 11: Cottage Grove City Hall—30 registrations Planting for Clean Water—Wonderful Wetlands • Thursday,April 25: Hugo City Hall—33 registrations • Thursday, May 23: Oakdale Discovery Center—18 registrations • Thursday,June 6:Sally Manzara Nature Center, Lake Elmo.-12 registrations April 30: Building resiliency for climate change (Scandia)-20 attendees BMP PROJECT MAINTENANCE CALENDAR FOR LANDOWNERS 171 i Lauren Haydon created a virtual BMP (best management practice) maintenance calendar that can be added to a Google or Outlook calendar. Landowners with raingardens and native plantings can download this calendar to receive monthly reminders when common maintenance activities should happen (ie. cleaning inlets or weeding): www.mnwcd.org/maintenance-guide. Additional resources for raingarden maintenance are also available at www.mnwcd.org/adoptaraingarden. 7 of 27 OUTREACH AND ENGAGEMENT WITH LOCAL FARMERS In 2019, EMWREP staff worked with local partners to: • Conduct twelve one-on-one interviews with local farmers • Send surveys to more than 1000 agricultural U y landowners in in Chisago, Pine and Washington Counties (387 responses received) • Host four workshops for landowners in Chisago and Washington Counties: o Feb. 2, Scandia. One Watershed, One Plan (45 attendees) o Oct. 10, Oakdale. Oriental bittersweet (10 attendees) o Oct. 22,Scandia. Perennial Crops, Conservation Grazing and Conservation Planning(30 attendees) o Nov.4, Stillwater. Large acreage restoration (10 attendees) We are very excited about the level of interest and engagement we are seeing from our local farmers. In addition to providing us with input for the Lower St. Croix "One Watershed Plan," landowners have expressed interest in a wide variety of conservation projects and programs. Mary Jo Younsbauer,the new Conservation Planner for the Lower St. Croix Watershed, has also been meeting with farmers to develop conservation plans for their properties. Here are the five practices that most interest rural landowner in our region: • **Improving soil health (223) **Installing physical projects such as grassed waterways, windbreaks, sediment basins (162) • Planting cover crops for the winter(149) • **Converting less productive land to natural areas-woods, wetlands or prairie (146) • **Repairing gullies or ravines (143) (#J=number of people who were very or somewhat interested in the practice **=practices with the most "very interested"responses 8 of 27 COMMUNITY EVENTS • March 7: Pollinator Summit. • Sept. 14: Brown's Creek Watershed • April 25:Stillwater Noon Rotary District Community Event presentation • Sept. 16: Royal Oaks Field Trip to • April 26-27: WCD Tree sale (Lake Elmo) Tamarack Nature Preserve in Woodbury • April 27: Mahtomedi RITE of Spring • Sept. 16: Master Water Stewards • April 30: CLFLWD State of the Water session • May 4: Stillwater raingarden clean-up • Sept. 19: Cottage Grove Public Works • May 4:Grant community clean-up Open House event • May 7: Newport bluffland meeting • Sept. 21-27: Comfort Lake—Forest Lake • May 13: Washington County Lakes Watershed District tour and 20th Meeting(Mahtomedi) Anniversary activities • May 16: Family Hike at Schuneman • Sept 24: Bone Lake Lake Association Marsh Wildlife Preserve(Grant) Meeting • May 19: Master Gardeners Plant Sale • Sept. 25 at State Fairgrounds: Children's • May 18: Belwin Bison Release (Afton) Water Festival • May 19: Millstream Day(Marine) • Sept. 26: Presentation at Master • May 30th: Family Hike at Tamarack Gardener monthly meeting(Bayport) Nature Preserve, (Woodbury) • Oct. 5: Master Water Stewards second • June 1: WaterFest(St. Paul) ' session • June 1:Sunfish Lake Park Family Nature • Oct. 12:Afton Alps Fall into Winter Fair Day(Lake Elmo) • Oct. 12: Groundwater program at Park • June 8: Landscape Revival Native Plant Grove Library(Cottage Grove) Expo & Market(Oakdale) • Oct. 15: Presentation at Wild Ones • July 13: Campfire Program (St. Croix monthly meeting(Stillwater) Bluffs) • Oct. 19: Groundwater program at R.H. • July 20: Learn and Grow with Us Master Stafford Library(Woodbury) Gardener Garden Tour(Lake Elmo) • Oct. 22: Presentation at St. Croix • June 26: Water Critters Program at Research Rendezvous Edgewater Park(Woodbury) • Oct. 23: Illicit discharge presentation to • July 10: Water Critters Program The Oakdale Public Works Lakes in Stillwater • Nov. 1: Master Water Stewards and St. • July 17: Water Critters Program at Croix Watershed Stewards gathering Highlands Park(Cottage Grove) (Marine on St. Croix) • July 31—Aug. 4:Washington County • Nov. 13: Septics, wells and healthy Fair(Lake Elmo) homes:A groundwater class for • Aug. 22—Sept. 2: Minnesota State Fair homeowners (Hugo) • Sept. 7: River Rally(Stillwater) • Dec. 2: "A salty tale for Minnesota lakes • Sept. 12: Valley Branch Watershed and streams" (Forest Lake) District 50th Anniversary celebration • Thu., Dec. 12, 7-8:30pm: Presentation at • Sept. 11, 12, and 13: Classroom lessons St. Paul Audubon annual meeting(St. at Royal Oaks Elementary in Woodbury Paul) 9 of 27 MASTER W""'A We trained 10 Master Water Steward volunteers in 2019: • Leslie MacKenzie—Carnelian-Marine-St. Croix WD • Jean &John Schreckeis—Comfort Lake—Forest Lake WD r' • Jared Kooiker, South Washington WD • Deb Wall,John Hodler, Kimberly Myhers, Martin Hyndman " and Pamela Kelly—Valley Branch WD • Barb Bickford, Michael McCarthy, Katherine Mahoney, and Gabriel Curell—Middle St. Croix WMO Our stewards continue to work on wonderful projects in their communities, including: • Organizing raingarden clean-up events • Joining watershed district CACs • Going door-to-door in their neighborhoods to promote Adopt-a-Drain and other programs • Attending community events on behalf of EMWREP partners • Removing invasive species and planting natives in public spaces • Establishing a gravel bed to grow trees for community plantings ADOPT-A-DRAIN 285 Drains adopted in Washington County since April The Adopt-a-Drain program engages community residents in helping to prevent stormwater pollution by cleaning leaves, litter and other debris off of storm drains near their homes. Volunteers get reminders via text or email and are asked to report their actions on- line so that cities can track the program's impact.They may also receive a small sign, placed in their yard to help spread the action and let neighbors know of their commitment to clean water. The Adopt-a-Drain program was created by Hamline University's Center for Global Environmental Education on behalf of Watershed Partners, a metro area collaborative with 60+ partners. 10 of 27 MS4 TOOLKIT The MN Pollution Control Agency provided us with $50,000 to create new stormwater education materials and an updated MS4 Education Toolkit for cities, counties,watershed organizations around the state to use. Last winter, EMWREP staff conducted a focus group session with members of Watershed Partners and collected survey responses from more than 60 M54 entities around the state to determine education needs. You can now find many of the resources from the old MS4 Toolkit online at the MPCA Stormwater Wiki. In addition,we've nearly completed new print and video resources for the toolkit,which will be ready by the end of 2019. These resources will be available in English, Spanish, Hmong and Somali and will include: Videos: • Lawn Care • Planting for Clean Water • Illicit Discharee Detection and Elimination • Groundwater • Stormwater 101 Print materials: • Info on common impairments (Bacteria, Phosphorus, Nitrates, Sediment, Chlorides, Mercury) • Flow chart of water governance in MN • Storm water management • Waste disposal (household hazardous waste+ Illegal dumping+dumpsters) • Small scale erosion control Short videos for municipal staff training that cover topics required in the MS4 permit: 1. Cleaning and associated wastewater 2. Emergency Response&Spill Prevention 3. Herbicide, Pesticide and Fertilizer Use 4. Right of Way Maintenance 5. Road Maintenance 6. Routine parking lot &street sweeping 7. Stockpiles 8. Use, Storage & Disposal of Significant Materials 9. Vehicle care 10. Waste disposal and storage 11 of 27 PROFESSIONAL TRAINING EMWREP helped to organize, sponsor and promote several professional workshops and trainings throughout the year, including: • April 12: MIDS Calculator Training(Arden Hills) • May 7: Stormwater Practices Inspection and Maintenance Certification (Minnesota Landscape Arboretum) May 9: 2019 Water Summit—Bridging Science and Society(Science Museum) Sept. 11:Smart Salting for Parking Lots and Sidewalks (Blaine) • Sept. 26:Smart Salting for Property Managers (St. Anthony Village) • Oct. 14: Winter Maintenance Certification for Parking Lots and Sidewalks (Cottage Grove) • Oct. 15: 19th Annual Road Salt Symposium (Vadnais Heights) • Oct 23: Lawns to Legumes "Train the trainer" (Woodbury) • Nov. 13: Building an inclusive education program for your organization and community Watershed Partners Roundtable (Hamline University) COMMUNICATIONS • Newspaper articles:Angie Hong continues to write articles ENWR R about water and conservation for local newspapers. ReadSta them on-line at www.eastmetrowater.org.Tailored versions are sent to local newspapers,and used in partner newsletters and communications. MDR$ o 52 newspaper articles in 2019 o 1058 subscribers to the East Metro Water blog • Targeted mailings to wetland landowners and rural landowners • We continue to partner with local non-profits and community groups • We continue to participate in Watershed Partners and 0 provide leadership for that group 1p New site visits 440 krmcrs I Rural Landowrwrt SUPPORT FOR EMWREP PARTNERS' SPECIAL PROGRAMS • Public engagement for plan updates "7f ti "r • Education and outreach support for large projects(CIP and grant-funded) Im IV105S sU4=rW= 12 of 27 Proposed EMWREP activities for 2020 1. Blue Thumb—Planting for Clean Water • Lawns to Legumes(pollinator habitat)—workshops and promotions o WCD -demonstration neighborhoods in priority locations • BMP participant survey(previous surveys conducted in 2010 and 2015) 2. Master Water Stewards • Capstone project support for 2019-20 cohort • Revel in the volunteer support of 20 new master water stewards! 3. MS4 education support • Customize new MS4 Toolkit materials with logos and local contact info for EMWREP partners • Work with EMWREP partners to print and disseminate materials to the public • Utilize new videos to train municipal and county staff 4. Adopt a Drain • Identify priority neighborhoods.Work with volunteers(water stewards, CAC, lake associations)to door-knock homes closest to drains and promote adoptions 5. Public education—flooding • Work with EMWREP partners and others to develop education support materials for predicted spring flooding: o Map for city/county/watershed websites o Resource packet: newsletter article,short summary for websites and social media, 1-pg fact sheet o Consistent talking points, instructions, FAQs, and list of local resources 6. Professional training—Stormwater U and NEMO • Realtors:Work with Washington County, MN DNR and St. Croix River Association to continue offering workshops • Local community leaders:Support for roll-out of Lower St. Croix"One Watershed, One Plan" (1W1P) 7. County groundwater education(*supported through additional funding) • Develop new fact sheets on the topics of Household hazardous waste disposal,well sealing,septic inspections,and wellhead area protection • Provide training on the above topics for WCD staff conducting site visits • Family programs at county libraries 8. Support for EMWREP partners'special programs • Public engagement for plan updates • Education and outreach support for large projects(CIP and grant-funded) 9. Public education,communications,and public engagement • Continue to produce content for local newspapers,city/county/watershed newsletters, websites and social media • Continue to attend community events • Continue to partner with local non-profits and community groups • Continue to participate in Watershed Partners 13 of 27 City of Oak Park Heights Page I of 1 14168 Oak Park Blvd. N•Oak Park Heights,MN 55082•Phone(651)439-4439•Fax(651)439-0574 12/14/19 Baytown Township Nancy Healey, Clerk 4020 McDonald Dr. Stillwater, MN 55082 Dear Nancy: Enclosed you will find a fully executed copy of the cooperative agreement for the Oakgreen Avenue project. I will also send this to you via PDF.We have supplied your town engineer the full plan set which we expect to go out for bid bids very shortly. I again note we will gladly take further input in those plans, please inform Jim S.of this and he is absolutely welcome to engage our City Engineer directly. Please let me know if you have any questions. 40 Eric Johnson City Administrator Cc: Lee Mann, City Engineer—via email only Jim Studenski-via email only-jim.studenskiOtkda.com John Hall-john.hall@baytownmn.org 14 of 27 COOPERATIVE AGREEMENT BETWEEN THE CITY OF OAK PARK HEIGHTS AND BAYTOWN TOWNSHIP FOR THE REPAIR OF STREETS AND STORMWATER ALONG THEIR COMMON BORDER-OAKGREEN AVE. THIS AGREEMENT, is entered into as of the date written below by and between the City of Oak Park Heights, a municipal corporation, hereinafter referred to as "OPH", and Baytown Township, a municipal corporation,herein after referred to as "BTWN". WITNESSETH: WHEREAS,OPH and BTWN desire to improve safety, capacity,and operation of Oakgreen Avenue; a publicly dedicated roadway, a portion of which lies upon their common border which is further identified in the attached Exhibit "A"; and WHEREAS,in 2020 OPH is anticipating to prepare plans and specifications, advertise and receive sealed bids and award a project to the lowest responsible bidder as authorized under Minnesota Statute for street repairs or reconstruction several areas of Oakgreen Avenue in OPH,and, WHEREAS,BTWN and OPH desire to include said plans and specifications to add similar improvements for streets shared in common along their common border;and WHEREAS,OPH will additionally prepare plans and specifications for the re-construction (or a Mill & Overlay or Reclaim — depending on results of testing data) of all joint portions of the Oakgreen Avenue roadway, including any replacement and or rehabilitation of related storm sewer; and, WHEREAS,the BTWN agrees to have OPH perform the construction of street over streets within BTWN's jurisdiction and which may be included under the contract that OPH will have for the balance of OPH's 2020 street and municipal utility improvements;and WHEREAS,this Agreement is made pursuant to statutory authority contained in Minnesota Statute§ 471..59. NOW THEREFORE,IT IS HEREBY MUTUALLY AGREED AS FOLLOWS: A. PURPOSE The purpose of this agreement is set forth in the above whereas clauses which are all incorporated by reference as if fully set forth herein. B. PLANS AND SPECIFICATION PREPARATION 1. The Project is defined as a reconstruction of the Oakgreen Ave.roadway to a rural section from 58t` Street N to a point southwardly approximately 2,000 linear feet including any 15 of 27 required stormwater elements. The Project shall utilize and comply with OPH City Engineer design specifications. 2. Subject to the Cost Participation elements found in this Agreement, OPH shall be responsible for the preparation of the necessary plans and specifications, including compliance with all applicable standards and policies and obtaining all approvals required in arriving at the specifications for the Project. 3. Both parties shall review and approve the final pians and specifications developed by OPH before OPH proceeds to the release of bid documents and contract award. C. CONSTRUCTION ADMINISTRATION,OBSERVATION,AND TESTING OPH shall be responsible for the design, bidding and award, construction administration, inspection,and for the observation and testing for all construction items for all aspects of the Project. OPH shall invoice BTWN for its costs as outlined in Section D. D. COST PARTICIPATION 1. BTWN is responsible for 100%of the street and stormwater construction costs, including design, right of way acquisition, administration, inspection, and observation and testing for all construction items associated with areas within its jurisdiction and a pro rata proportion of such cost for shared streets along the BTWN/OPH border as shown in Exhibit A- 2. OPH is responsible for 100% of the street and stormwater construction costs, including design, right of way acquisition, administration, inspection, and observation and testing for all construction items associated with areas within its jurisdiction and a pro rata proportion of such cost for shared streets along the BTWN/OPH border as shown in Exhibit A. 3. Storm water improvements shall be calculated and funded based upon the percentage of the contributing drainage area(square feet). 4. All costs associated with the Project must be based on acceptable bids from the lowest responsible bidder or duly approved and executed change orders. All costs must be rationally related to such bids and based upon reasonable market conditions as determined by the OPH City Engineer. E. PAYMENT 1. OPH will invoice BTWN for its required portion of the actual construction costs for shared streets and related stormwater elements which include,but are not limited to:actual design and construction costs, engineering administration, testing, inspections, observation, contracted professional engineering services and standard OPH administration (finance 16 of 27 and billing) and labor rates and other permitted or agreed upon amounts due after the expense has been incurred payable within 60 days from the date of invoice. OPH shall provide to BTWN a detailed Iist of incurred costs. 2. Construction costs noted in Section E.1 to be paid by BTWN to OPH shall be based on contract unit prices and actual units of work performed. F. LIQUIDATED DAMAGES& CHANGE ORDERS In any joint-project areas, any net liquidated damage assessed against the construction contractor(s) in conjunction with the work performed on the Project shall be shared by BTWN and the OPH in the following proportion; 50%/5001a. OPH shall not initiate or approve any change orders impacting work done on behalf of B WTN under this Agreement without the express written approval of BTWN but such approval shall not be unreasonably withheld conditioned or delayed by BTWN if the OPH City Engineer deems—in writing —that such work is vital and necessary to complete the Project in a timely fashion. Neither party may seek any change orders that impact work, pricing or timing on the other party's elements of the Project under any Agreement without the express written approval of that affected community. G. CIVIL RIGHTS AND NON-DISCRIMINATION AND PREVALING WAGES The provisions of Minn. Stat. § 181.59 and any applicable ordinance relating to civil rights and discrimination shall be considered part of this Agreement as if fully set further herein, and shall be part of any Agreement entered into by the parties with any contractor subcontractor, or material suppliers.If either party to this agreement desires that"prevailing wages"be paid,that are in excess or are outside of the received bids, such costs (if any)shall solely born by that requesting entity for work within its respective jurisdiction. H. WORKERS COMPENSATION It is hereby understood and agreed that any and all employees of BTWN and all other persons employed by BTWN in the performance of construction and/or construction engineering work or services required or provided for under this agreement shall not be considered employees of OPH and that any and all claims that may or might arise under the Worker's Compensation Act of the State of Minnesota on behalf of said employees while so engaged and any and all claims made by any third parties as a consequence of any act or omission on the part of said BTWN employees while so engaged on any of the construction and/or construction engineering work or services to be rendered herein shall in no way be the obligation or responsibility of OPH. Likewise,it is hereby understood and agreed that any and all employees of OPH and all other persons employed by OPH in the performance of construction and/or construction engineering work or services required or provided for under this agreement shall not be considered employees of BTWN 17 of 27 and that any and all claims that may or might arise under the Worker's Compensation Act of the State of Minnesota on behalf of said employees while so engaged and any and all claims made by any third parties as a consequence of any act or omission on the part of said OPH employees while so engaged on any of the construction and/or construction engineering work or services to be rendered herein shall in no way be the obligation or responsibility of BTWN. L INDEMNIFICATION 1.. Subject to the limitations of Minn.Stat.§466.04 OPH agrees that it will defend,indemnify and hold harmless BTWN against any and all liability,loss, damages, costs and expenses which BTWN may hereafter sustain, incur or be required to pay by reason of any negligent, reckless or willful act by OPH, its agents, officers or employees during the performance of this agreement. 2. Subject to the limitations of Minn. Stat. § 466.04 BTWN agrees that it will defend, indemnify and hold harmless OPH against any and all liability, loss, damages, costs and expenses which OPH may hereafter sustain, incur or be required to pay by reason of any negligent,reckless or willful act by BTWN, its agents, officers or employees during the performance of this agreement. 3. To the fullest extent permitted by law,action by the parties to this Agreement are intended to be and shall be construed as a "cooperative activity" and it is the intent of the parties that they shall be deemed a "single governmental unit" for the purposes of determining total liability, as set forth in Minnesota Statutes, Section § 471.59,subd.la(b),providing further that for purposes of that statute, each party to this Agreement expressly declines responsibility for the acts or omissions of the other party as set forth in §47159, Subd. 1 a(a). The parties to this Agreement are not liable for the acts or omissions of the other party to this Agreement except to the extent they have agreed in writing to be responsible for the acts or omissions of the other parties. J. TERM OF AGREEMENT This agreement shall remain in full force and effect until the elements of this Agreement and the improvements along the common border of BTWN and OPH outlined in Exhibit A are completed. Any warranties, liabilities, or other performance guaranties owed to the parties hereto by the construction contractors upon completion of the Project shall survive and continue beyond the termination of this Agreement. K. SEVERABILITY. The provisions of the Agreement are severable. If any portion hereof is, for any reason,held by a Court of competent jurisdiction,to be contrary to law,such decision shall not affect the remaining provisions of the Agreement. 18 of 27 P IN TESTIMONY WHEREOF the parties have duly executed this agreement by their duly authorized officers. B wN TOWNSHIP O PARK I HTS l r T s 'p Chair Date M ,Mayor Date owns 'p C k Date Eric Jo son,City Administrator ate 19 of 27 EXHIBIT A PROJECT AREA i OM 43TM ,3 Approximate Joint Project Area 1,100 Lf.+/- r , u. a a• 'w m. a N a 20 of 27 Stantec Consulting Services Inc. ® Stantec 733 Marquette Avenue,Suite 1000,Minneapolis,MN 55402 December 11,2019 File: 193804151 Attention: Steve St. Claire President Miller Excavating, Inc. 3741 Stagecoach Trail North Stillwater, Minnesota 55082 Reference: Palmer Station Street& Utility Improvements Contractor Liquidated Damages Dear Mr.St. Claire, The final completion date for the Palmer Station Street and Utility Improvements project (September 27,2019),has passed and the work is still not complete.There have been numerous emails and phone calls stressing the importance of completing this project,with a notable lack of response. The weather up to the completion date,and for the month following, allowed more than adequate time to complete the work. The purpose of this letter is to inform you of the City's intent to assess liquidated damages related to the incomplete work on the project per the project contract,Section 00 52 10, paragraph 4.03 and 4.04.As such, liquidated damages will be calculated at$500 per day from September 28th, 2019, until the work is completed. The accrued amount of liquidated damages as of December 2019 (65 days),is$32,500. Currently, it is estimated that there is approximately$6500-$7500 in cost of remaining work and the City is holding$28,356.78 in retainage. The liquidated damages will be deducted from these remaining amounts and the performance bond as necessary. Please let me know if you have any questions. Regards, Stantec Consulting Services Inc. Lee M.Mc MN,WI,CA Principal Direct:612 712-2085 Mobile:651 775-5956 Lee.Mann@stantec.com c. File Eric Johnson,City Administrator 21 of 27 *Johnson Mary Mccomber <marymccomber@aol.com> p Monday, December 9, 2019 2:13 PM Eric Johnson Fwd: Project update For weekly notes ----Original Message---- From: MnDOT<mndot@public.govdelivery.com> To: marymccomber<marymccomber@aol.com> Sent: Mon, Dec 9, 2019 12:08 pm Subject: Project update Having trouble viewing this email?View it as a Web Daae, MDErNkRTMMENT OF ' I 11� T FR A, S IP R AT U0 N M N Project update With winter right around the corner, most work on the Stillwater Lift Bridge has been suspended for the season.And all of the construction trailers and other equipment and supplies have been moved out of the parking lot along Lowell Park just north of Chestnut St.The lift bridge remains barricaded at both ends and the public is cautioned to remain off the bridge and out of the construction area. As weather permits, limited work will continue on the lift span of the bridge. Early next spring, we will replace parts of the lift mechanism used to raise and lower the lift span as work wraps up on the bridge. The loop trail and St. Croix Crossing bridge will be plowed by the city of Stillwater on the Minnesota side of the St. Croix River. However, although the loop trail on the Wisconsin side of the river is open for winter uses such as hiking, snowshoeing and fat-tire biking, it will not be plowed. St. Croix County has placed signs on the trail notifying users that the county will not maintain the trail during the winter. i 22 of 27 We anticipate repairs will be completed sometime in early spring before the Lift and Loop Grand Opening celebration May 15 and 16, 2020. More information will be sent out later this winter. A All m j M :e s More about this project The lift bridge is being converted to a bicycle/pedestrian crossing that will become part of a nearly five-mile "loop trail"system connecting the new river bridge with the historic bridge and other regional trails. The lift bridge will continue to operate and allow boat navigation beneath. If you'd like more information about the Stillwater Lift Bridge project, please visit: mndot.gov/metro/projects/Iiftbridge. Stay connected • Follow us on Facebook:facebook.com/mndot and Twitter: @mndotnews • Be ready. Know your route: mndot.gov/knowyourroute • Sign up for Metro area weekend traffic impacts email updates • For real-time travel information anywhere in Minnesota visit 511mn.org or dial 5-1-1 MnDOT • mndot.gov Stay Connected with Minnesota Department of Transportation: © C) ® u .. MnDOT's Social Media Hub>> SUBSCRIBER SERVICES: Manage Subscriptions I Unsubscribe All I Help 2 23 of 27 Eric Johnson From: Mary Mccomber <marymccomber@aol.com> Sent: Saturday, December 7, 2019 9:35 AM To: Eric Johnson Subject: Fwd:Opportunity Zones:What Cities Should Know For weekly notes ---Original Message--- From: National League Of Cities<news@nlc.org> To: marymccomber<marymccomber@aol.com> Sent: Sat, Dec 7, 2019 8:11 am Subject: Opportunity Zones: What Cities Should Know View in browser NATIONAL LEAGUE NLC0FZ,T,Et, The We - t Opportunity Zones: What Cities Should Know The opportunity zones program was launched as a way to address the many pockets of poverty and inequity around the country. But what are opportunity zones and how will they affect your city? 24 of 27 IlkNew Report: Place-Based Policies Increasingly, where workers live dictates what economic options they have, and these regional disparities in economic opportunity are pulling America apart. FCC Cable Order—What Comes Next for Cities? Nearly two months after a final order from the Federal Communications Commission upending the cable franchise system went into effect. " - New EPA Action Plan to Enhance Local Water " y Resources A Local officials can weigh in on national water policy that will affect their communities. News Making "Smart Cities" More Inclusive Giving Compass - December 2, 2019 'It's Not Town Planning, It's Town Cramming': A Look at the Development Backlash in Growing Western Cities Efficient Gov- December 2, 2019 Why 2020 has become the mayors' race Axios- November 27, 2019 Announcements New Grant Opportunity: City Resilience z 25 of 27 Looking for a way to fund an innovative resilience project in your community? NLC is now accepting applications from U.S. cities for the 2020 Leadership in Community Resilience grant program. The application process is easy, but the deadline is December 20, 2019. Apply now. Job Postings City Manager -- La Palma, California Program/ Project Coordinator -- Fort Lauderdale, Florida Member Services Director-- Salem, Oregon MAGM NLC OF -M . �AVAM,ten 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 3 26 of 27 .d3&. LLEAGUE MC MINNESOTA CITIES December 11,2019 Councilmember Joe Buscaino National League of Cities 660 North Capitol St NW Washington,DC 20001 Dear Councilmember Buscaino, On behalf of the League of Minnesota Cities, I would like to express our enthusiastic support for the following applicants to the 2020 National League of Cities Federal Advocacy Committees: • Tim Brausen, Councilmember, City of St. Louis Park • Deborah Calvert, Councilmember, City of Minnetonka • William Droste,Mayor, City of Rosemount • Jo Emerson,Mayor, City of White Bear Lake • Mary Hamann-Roland,Mayor, City of Apple Valley • Carly Johnson, Councilmember, City of Oak Park Heights • Marvin Johnson,Mayor, City of Independence • Dan Kealy, Councilmember, City of Burnsville • Mary McComber,Mayor, City of Oak Park Heights • Suzie Nakasian, Councilmember, City of Northfield • Mark Vahlsing, City Administrator, City of Kenyon • Jeff Weisensel, Councilmember, City of Rosemount • Michael Wojcik, Councilmember, City of Rochester These dedicated individuals will bring insight and expertise to your committees and serve the process well.Please do not hesitate to contact Ann Lindstrom at alindstrorn a Imc.o or 651-281- 1261 with any questions. Thank you, A40 Mike Mornson President, League of Minnesota Cities 145 University Avenue West PH: (651)281-1200 FX: (651)281-1299 St. Paul, Minl�5$0o�2755103 TF: (800)925-1122 www.Imc.org