HomeMy WebLinkAbout01-11-2022 Council Packet CITY OF OAK PARK HEIGHTS
CITY COUNCIL MEETING AGENDA
TUESDAY, JANUARY 11, 2022 AT 6:OOPM
CITY HALL COUNCIL CHAMBERS
6:00 p.m. L Call to Order/Pledge of Allegiance/Approval of Agenda
Estimated
times
6:00 p.m. IL Council/Staff Reports
A. Mayor McComber
B. Councilmember Dougherty
C. Councilmember Johnson
D. Councilmember Liljegren
E. Councilmember Runk
F. Staff
• Recycling Award: recipient will be picked on January 13 and reported at
next meeting
6:05 p.m. III. Visitors/Public Comment
This is an opportunity for the public to address the Council with questions or concerns on issues not part of the regular agenda(Please
limit comments to 3 minutes in length).
A. Presentation by Tennis Sanitation—Fee Increase Request for 2022 (pg. 3)
B. Presentation by Suite Living— Concept Apartment Bldg. —West of Menards
6:15 p.m. IV. Consent Agenda_ (Roll Call Vote)
A. Approve Bills & Investments
B. Approve City Council Minutes—December 14, 2021 (pg. 7)
C. Approve Resolution Appointing Professional Consultants for 2022 (pg. 13)
D. Approve Resolution Designating Stillwater Gazette as Official Newspaper for
Publications in 2022 (pg. 15)
E. Approve Resolution Authorizing the St. Paul Pioneer Press as the Alternate
Newspaper for Publications in 2022 (pg. 17)
6:15 p.m. V. Public Hearings
6:15 p.m. VI. Old Business
A. Sidewalk Improvements —58th Street(East of Osgood) (pg. 19)
6:25 p.m. VII. New Business
A. Bayport Fire Services Agreement(pg. 31)
B. Tobacco Compliance Violation— Speedway at 14493 60th St N(pg. 33)
C. Norell Ave Backage Road—LRIP Funding—Resolution and Grant Agreement
(pg. 37)
D. Schedule Team Building—Aimee Gourlay—LMC (pg. 77)
6:55 p.m. VIII. Other Council Items or Announcements
7:00 p.m. IX. Adjournment
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Page 2 of 80
Jennifer Pinski
From: Angela H <AngelaH@tennissanitation.com>
Sent: Monday,January 3, 2022 2:02 PM
To: Jennifer Pinski
Cc: Eric Johnson
Subject: RE: City Response to Tennis Sanitation
Importance: High
Good Afternoon and Happy New Year,
Willie requested that I reach out and request to be on the next council agenda to speak on the 4%increase and the
Cities denial of this fair operating cost increase.
Please advise
Thank you
Angela
From:Jennifer Pinski<jpinski@cityofoakparkheights.com>
Sent:Tuesday, December 28, 202110:22 AM
To:Angela H <AngelaH@tennissanitation.com>
Cc: Eric Johnson <eajohnson@cityofoakparkheights.com>
Subject: City Response to Tennis Sanitation
Hi Angela,
The City has reviewed your increase letter for the 2022 rates. Our response is attached.
Thank you,
Jennifer Pinski, CMC
City of Oak Park Heights
651-439-4439
1
Page 3 of 80
Tennis Sanitation L.L.C.
7204 1h Street (P.O. Box 62)
SANMATON L.L.C.-ROLL OFF L.LC.-RECYOUNG L.LC.
St. Paul Park, MN 55071 www.tennlssanitation.com
651 -459-1887
;�^�,Ip�, ST.PAUL PARK,FAN I-
J
A�l�""-:1 GREG&WILLIE TENNIS Vi
City of Oak Park Heights
14168 Oak Park Boulevard N
Oak Park Heights, MN 55082
Madam Mayor and Members of the Council,
We are here tonight to address our request for a 4% rate increase on four-line items that make
up the per resident billing to the City of Oak Park Heights as well as a 4% increase on the
additional bagged trash and construction trash that is billed directly to the residents as a per
pick up basis. Three of the four line items have not been awarded an increase since the
beginning of the contact in 2015.
Billing Line Items
Disposal Fee Increase Yearly based on Formula in Contract
Collection Fee $4.00 (Wever Increased
Recycling Fee $2.55 (Wever Increased
Yard Waste $1.00 (Wever Increased
Appliance Fee $0.75 See Chart on Increase history
Bagged trash, construction debris, and the appliance/bulk fee are affected by the disposal rate
increase that Tennis has received from the R & E Board each year. As they are additional items
serviced above and beyond the weekly pick up of the trash cart the resident selects that is
covered under the Disposal fee in the monthly billing. For 2022, the disposal fee charged to
Tennis from the R & E Board increased from $84 to $87 per ton. Since 2015 the disposal fee has
increased 54.75%, starting at $56.22 per ton.
The appliance/bulk fee, we track all the items that we service for the residents of Oak Park
Heights, we total the cost to dispose of the items for the year and divide it by the number of
residents. It is currently billed at $0.75. Along with the tonnage fee, Tennis is charged an
additional $25 per mattresses and box spring. To cover the cost of the items serviced in 2021
the fee would have needed to be $1.01 per resident per month. Below is the supporting data
of the R & E Board per ton fees and the history of City approved increases as well as the
requested 4% increase for 2022.
Page 4 of 80
Disposal Fee from R&E Board Appliance Bulk
Year Disposal per Ton 2015 $0.26
2015 $56.22 2016 $0.41.
2016 $53.00 3.16% 2019 $0.56
2017 $53.00 0.00°,k 2021 $0.75
2018 $65.00 1,2.07% Average Cost of White
2019 $69.00 6.15% goods per Resident
2020 $82.00 18.84% per month 2321 $1.41
2021 $84.00 2.44%
2022 $87.00 3.57% Current rate $0.75
ncrease since 15' 54.75% 4%Increase 0.03
New Proposal rate $0.79
Extra bagged Trash Per Yard of Construction Debris
2015 $1.50 4%Increase 2015 $13.00 4%Increase
2019 $1.75 2021, $19.50
2021, $2.00 $2.00 $19.50
$0.08 $0.78
New Proposal rate 2.08 New Proposal rate $20.22,
Oak Park Heights Bulk Items and Applinace charges-Based on weight&additonal charge to dispose of
r - `
Y Q N L
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47 Ga
u a a Ca m m O O m �T d d L 0 `
r r r r r r r 3 r r 3 U
2015 61,455 30.73 556.22 $1,727.50 139 $6.00 $834.00 60 97 157 517.00 $2,669.00 $5,230.50 50.40
2016 78,640 39.32 $58.00 $2,280.56 137 $8.00 $1,096.00 91 129 220 $17.00 $3,740.00 $7,116.56 $0.54
2017 90,445 45.22 558.00 $2,622.91 149 58.00 $1,192.00 78 153 231 520.00 $4,620.00 $8,434.91 $0.64
2018 88,255 44.13 $65.00 $2,868.29 135 $10.00 $1,350.00 98 146 244 $20.00 $4,880.00 $9,098.29 $0.69
2019 90,075 45.04 569.00 $3,107.59 246 510.00 $2,460.00 74 145 219 520.00 $4,380.00 $9,947.59 $0.76
2020 109,710 54.86 $82.00 $4,498.11 155 $10.00 $1,550.00 105 184 289 $20.00 $5,780.00 $11,828.11 $0.90
Total on the 1st 3 quarters
2021 70,965 35.48 584.00 $2,980.53 109 515.00 $1,635.00 75 138 213 525.00 $5,325.00 $9,940.53
Estimated 4th quarter
23,655 11.83 584.00 $993.51 36 515.00 $540.00 25 46 71 525.00 $1,775.00 $3,308.51
Total 94,620 47.31 584.00 $3,974.04 145 515.00 $2,175.00 1 100 184 284 525.00 $7,100.00 $13,249.04 51.01
2022 Projected Totals
100,000 50.00 $87.00 $4,350.00 160 $15.00 $2,400.00 105 187 292 525.00 $7,300.00 $14,080.00 51.07
x All cost totals are without taxes,9.75%State and 35%County.
The collection fee, recycling fee and yard waste line items are all effected by rising operating
costs, from truck maintenance, driver retention, recycling sorting costs, recycling markets,
insurance costs and fuel costs to name a few. Fuel costs alone have increases 61%from 2021
to current, an average of 37% historically since 2015. All three of the line items have not been
Page 5 of 80
approved for an increase since the start of the contract. We are requesting a 4% increase on
the three line items.
On-Highway Diesel Fuel On-Highway Diesel Fuel
Prices Prices
(dollars per gallon) (dollars per gallon)
S 5
mikiwest
4 4
Oct 25,2021
$3.632 dollars per gallon 00
3 �2�
3
0
lars pergallon
� Jan'21 May'21 S4-21 2 n'21 M1 S
ay' S4-21— U.S. — t.l.S.Ja
Central Atlantic Central Atlantic
— Midwest — Midwest
—West Coast —west Coast
— California — California
In conclusion, Tennis Sanitation is seeking a small increase on items that are affected by the
raising costs of doing business in a rough economic time in the world. The approval of these
increases will help offset the operating costs to be able to provide the residents of Oak Park
Heights the high level of service that have become accustomed to.
Thank you for your consideration,
wLl,f.�e reww`s
Cj 4V
Collection =ee .0100.'16 .16
Recycling = ,5.5 0.'10
ee 2. $2.65
Yard Waste $1.010 $0.04 $1.04
Appliance Fee $0.75 0.03 $0.78
Extra Bagged—rash $2.010 $0.08 2.08
tionstruction Del ris $19.50 0.78 $20.28
Page 6 of 80
aL Park Heights
us�ecruest itbr Council Action
Meeting Date January 11, 2022
Agenda Item Approve City Council Minutes—December 14, 2021
Time Req. 0
Agenda Placement Consent
Originating Department/Requestor Administration/Jennifer Pinski
Requester's Signature
Action Requested Approve
Background/Justification (Please indicate any previous action has been taken or if other public
bodies have been advised).
See attached.
Page 7 of 80
CITY OF OAK PAM{ HEIGHTS
TUESDAY, DECEMBER 14, 2021
CITY COUNCIL MEETING MINUTES
HELD AT CITY HALL AND VIA VIDEO CONFERENCE
PER MN STAT, 13D.021
I. Call to Order/Pledge of Allegiance/Approval of Agenda: Mayor McComber
called the meeting to order at 6:00 p.m. Present: Councilmembers Dougherty,
Johnson, Liljegren and Runk. Staff present. City Administrator Johnson, Police
Chief Hansen, Public Works Director Kegley, Finance Director Caruso, Assistant
City Administrator/City Clerk Pinski, City Attorney Sandstrom, and City
Engineer Mann. Absent: City Planner Richards.
Mayor McComber added "Opioid Settlement—MN AG Recent Actions" to New
Business as Item H.
Councilmember Liljegren, seconded by Councilmember Johnson, moved to
approve the Agenda as amended. Carried 5-0.
II. Council/Staff Reports:
A. Mayor McComber: She reported she attended the Coalition of Utility
Cities meeting on December 14, she had received phone calls from other
Minnesota mayors regarding increased crime in the area, she reminded
residents of the winter parking restrictions, and she requested residents
keep streets clear of garbage containers.
B. Councilmember Dougherty: He reported he attended the Coalition of
Utility Cities meeting on December 14.
C. Councilmember Johnson: She reported she attended the gingerbread
contest through the Chamber, and that she had a constituent inquiry
regarding the frontage road.
D. Councilmember Liljegren: No report.
E. Councilmember Runk: He reported he attended the Convention and
Visitors Bureau meeting and the Chamber gingerbread contest.
F. Staff: Police Chief Hansen reported there had been more reports of stolen
vehicles in the area, and there was an incident at the Stillwater Area High
School that was not a threat and precautionary procedures were in place.
Assistant City Administrator/City Clerk Pinski reported that Robin
Anthony of 13992 59"' Street North was chosen as the recycling award
winner.
Page 8 of 80
City Council Meeting Minutes
December 14, 2021
Page 2 of 4
111. Visitors/Public Comment: None
IV. Consent Agenda:
A. Approve Bills & Investments
B. Approve City Council Minutes—November 23, 2021
C. Adopt Resolution for 2022 Liquor, Tobacco, and Amusement License
Renewals
D. Approve Spring and Fall Clean-up Dates for 2022 —May 7 and October 1
E. Adopt Resolution Designating the Polling Location for 202:2 Elections in
the City of Oak Park Heights
F. Approve Resolution for Certification of Delinquent Taxes
G. Approve Resolution Designating 2022 Checking and Bank Depositories
H. Approve Budget Adjustment Resolution for Unexpected 2021
Expenditures and the Funding Sources
I. Approve 2022 Area Charge for Connection to Water, Sewer and Storm
Sewer
J. Approve 2022 Engineering Rates
K. Approve Salary Adjustment for Exempt Employees
L. Approve the Purchase of New Police Vehicle
M. Approve Purchase of Replacement Police Rifles
Councilmember Runk, seconded by Councilmember LiIjegren, moved to approve
the Consent Agenda. Roll call vote taken. Carried 5-0.
V. Public Hearings:
A. Truth in Taxation Hearing—2022 Budget Presentation: Finance Director
Caruso provided a presentation on the proposed 2022 budget of
$6,499,473 and levy of$6,034,373. Mayor McComber opened the Public
Hearing. No comments.
Councilmember Johnson, seconded by Councilmember Dougherty, moved
to close the Public Hearing. Carried 5-0.
VI. Old Business:
A. Sidewalk Improvements— 58th Street (East of Osgood Ave): City Engineer
Mann reported they did a preliminary study and prepared cost estimates as
requested for a 58' Street trail/sidewalk extension. He recommended a
six-foot-wide pedestrian path from Osgood to 57th Street and
recommended curb ramps be installed. Mann provided a project cost
estimate of$248,000 for a concrete walk and $214,000 for a bituminous
walk. Mayor McComber suggested a bituminous path, funding to come
from Park Dedication, and have the project as an alternate to one of the
other projects slated for 2022.
Page 9 of 80
City Council Meeting Minutes
December 14, 2021
Page 3 of 4
Councilmember Johnson, seconded by Councilmember Dougherty, moved
to direct the City Engineer to move forward with the proposal. Carried 5-
0.
VIL New Business:
A. Resolution Approving the 2022 Budget: Finance Director Caruso
presented a Resolution to approve a$6,499,473 budget. Councilmember
Runk, seconded by Councilmember Liljegren, moved to approve the
Resolution. Roll call vote taken. Carried 5-0.
B. Resolution Approving the 2022 Tax Levy: Finance Director Caruso
presented a Resolution to approve a $6,034,373 tax levy. Councilmember
Liljegren, seconded by Councilmember Johnson,moved to approve the
Resolution. Roll call vote taken. Carried 5-0.
C. 2022 Water and Sewer Rate Study and Review of Storm Water Rates:
Finance Director Caruso provided a presentation and recommended water
rates and storm sewer rates remain unchanged and sewer rates be
increased for 2022. She provided a Resolution for a sewer rate increase.
Councilmember Runk, seconded by Councilmember Dougherty, moved to
approve the Resolution. Roll call vote taken. Carried 5-0.
D. Adopt Amended CC 102 Master Fee Schedule: Councilmember Liljegren,
seconded by Councilmember Dougherty. moved to approve the
amendment. Roll call vote taken. Carried 5-0.
E. Council A 7 ointments—2022: The City Council reviewed the 2021
appointments and made changes to the Parks and Trails Commission and
the Cable Commission appointments for 2022.
Councilmember Johnson, seconded by Councilmember Dougherty, moved
to pass a Resolution for the 2022 appointments. Roll call vote taken.
Carried 5-0.
F. Redistribution of 2021 ABPA Funds: City Administrator Johnson reported
that the City received an additional deposit of ARPA funds which was a
share of unclaimed funds. lie presented a Resolution accepting the
additional funds and committing their use to established rules.
Councilmember Runk, seconded by Councilmember Liljegren, moved to
approve the Resolution. Roll call vote taken. Carried 5-0.
G. Sanitary Sewer Pipe Segment Lining: Public Works Director Kegley
reported that sewer line televising showed 1947 linear feet of sewer pipe
that was damaged and needed to be repaired, and the proper repair for the
Page 10 of 80
City Council Meeting Minutes
December 14, 2021
Page 4 of 4
damage was sewer lining. He said the approximate cost for lining was
$90,000 before engineering and soft costs. Kegley reported that. Stantec
provided a proposal to design and bid the project for a fee not to exceed
$21,800, and that the project would be funded by the City's Renewal and
Replacement Fund.
Councilmember Dougherty. seconded by Councilmember Johnson, moved
to approve the proposal from Stantec. Carried 5-0.
H. Opioid Settlement—MN AG Recent Actions: City Attorney Sandstrom
reported that the State of`Mimicsota Attorney General's Office took action
to join a multistate coalition on a class action lawsuit against the three
largest opioid distributors, and they were seeking a critical mass of cities
and counties to sign onto settlements to support the State and help their
agreement become effective and maximize any settlement amount. He said
the City would not receive direct payments, and that any money would go
to the State, Counties, and Cities over 30,000 in population. He said the
Council may want to consider passing a Resolution of support in the event
it could help the State of Minnesota..
Councilmember Dougherty, seconded by Councilmember Johnson, moved
to pass a Resolution. Roll call vote taken. Carried 5-0.
VIII. Other Council Items or Announcements: Councilmember Johnson reported
there was a holiday lights map on the City's website. Councilmember Dougherty
reported the Police Department was a drop site for Toys for Tots donations.
Councilmember Runk thought it was notable that two officers indicated in their
City memories in the Yearbook an incident of cardiac arrest at a restaurant that
had a positive outcome. City Administrator Johnson reported that the King Plant
Advisory Panel was close to concluding their analysis and would present to the
City Council. He said there was also a utility feasibility study report and a fiscal
analysis report that would be included in a large update to the City Council at the
end of January.
IX. Adjourn: Councilmember Runk, seconded by Councilmember Johnson, moved to
adjourn at 7:17 p.m. Carried 5-0.
Respectfully submitted, Approved as to Content and Form,
Jennifer Pinski Mary McComber
City Clerk Mayor
Page 11 of 80
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Page 12 of 80
Oak Park Heights
Request for Council Action
Meeting Date January 11, 2022
Agenda Item Approve Resolution Appointing Professional Consultants for 2022
Time Req. 0
Agenda Placement Consent
Originating Departrnent/Requestor Ad inistration/Jennifer Pinski
Requester's Signatures '.
Action Requested Approve
Background/Justification (Please indicate any previous action has been taken or if other public
bodies have been advised).
See attached.
Page 13 of 80
CITY OF OAK PARK HEIGHTS
RESOLUTION 22-01-01
A RESOLUTION APPOINTING PROFESSIONAL CONSULTANTS
FOR THE CITY OF OAK PARK HEIGHTS IN 2022
BE IT RESOLVED, that the City Council for the City of Oak Park Heights
hereby appoints the following consultants for 2022:
City Engineer: Stantec, Inc.
City Auditor: Redpath and Company
City Planner: The Planning Company, LLC
City Attorney: Eckberg Lammers, P.C.
Passed by the City Council of Oak Park Heights this I 1 th day of January, 2022.
Mary MCColnber, Mayor
ATTEST:
Eric A. Johnson, City Administrator
Page 14 of 80
Oak Park Heights
Request for Council Action
Meeting Date January 11, 2022
Agenda Item Approve Resolution Designating Stillwater Gazette as Official Newspaper for
Publications in 2022
Time Req. 0
Agenda Placement Consent
Originating Department/Requestor 4{iinistration/Jennifer Pinski
Requester's Signature
Action Requested Approve
Background/Justification (Please indicate any previous action has been taken or if other public
bodies have been advised).
See attached.
Page 15 of 80
CITY OF OAK PARK HEIGHTS
RESOLUTION 2201-02
A RESOLUTION DESIGNATING THE
STILLWATER GAZETTE AS THE CITY
OF OAK PARK HEIGHTS OFFICIAL NEWSPAPER
WHEREAS,the City of Oak Park Heights must designate an official newspaper
for publications; and
WHEREAS, the Stillwater Gazette meets legal publication requirements under
state statute and offers a high number of paid circulation newspapers distributed within
the City.
NOW THEREFORE, BE IT RESOLVED, that the City Council for the City of
Oak Park Heights designates the Stillwater Gazette as the official newspaper for
publications in 2022.
Passed by the City Council of Oak Park Heights this I Ph day of January, 2022.
Mary McComber, Mayor
ATTEST:
Eric Johnson, City Administrator
Page 16 of 80
m '
Oak Park Heights
Request for Council Acti®n
Meeting Date January 11, 2022
Agenda Item Approve Resolution Authorizing the St. Paul Pioneer Press as the Alternate
Newspaper for Publications in 2022
Time Req. 0
Agenda Placement Consent
Originating Department/Requester Administration/Jennifer Pinski
Requester's Signature ..-
Action Requested Approve
Background/Justification(Please indicate any previous action has been taken or if other public
bodies have been advised).
See attached.
Page 17 of 80
CITY OF OAK PARK HEIGHTS
RESOLUTION 22-01-03
A RESOLUTION AUTHORIZING ALTERNATE NEWSPAPER
FOR PUBLICATION IN 2022
WHEREAS, the City of Oak Park Heights designated the Stillwater Gazette as
the official newspaper for publications in 2022 in Resolution 22-01-02; and
WHEREAS, the Stillwater Gazette is published and circulated one time per
week; and
WHEREAS, the City Council recognizes that there may be instances in which
the Stillwater Gazette, as a one-time per week publication, is unable to meet the time
limitations imposed upon any required publication of the City so that an alternative
publication may be required; and
WHEREAS, the Pioneer Press is a newspaper circulated on a daily basis in the
City and meets the publication requirements set forth by state law;
NOW THEREFORE, BE IT RESOLVED, that the City Council for the City of
Oak Park Heights authorizes the Pioneer Press as an alternative publication in any
instances in which publication on other than a weekly basis is required to comply with
the requirements of the City.
Passed by the City Council of Oak Park Heights this 11th day of January, 2022.
Mary McComber, Mayor
ATTEST:
Eric Johnson, City Administrator
Page 18 of 80
4e,- -
Oak Park Heights
Request for Council Action
Meeting Date January 11',2022
Time Required: 5 Minutes
Agenda Item Title: Sidewalk Improvements—58' Street(East of Osgood Ave.)
AGENDA PLACEMENT OLD BUSINESS
ORIGINATING DEPARTMENT/Requestor: Eric Johnson, City Administrator
Requester's Signature: _ ✓
Action Requested: Discussion. Possible Action.
Background/Justification(Please indicate if any previous action has been taken or if other public
bodies have advised):
In December of 2021 the Council authorized the advancement of final design and bidding for the
58' Street Trail project. Staff requests approval of the subsequent agreement with STANTEC.
Please see the enclosed proposal.
(NOTE: Staff is exploring how this can be—POSSIBLY—incorporated into a unified process
with the planned MILL& OVERLAY and/or the needed two curb—PED crossings discussed
later last year. Lee Mann from STANTEC will be able to comment more about this at the City
Council meeting)
OTHER ENCLOSURE: 12/14/21 Council Action Item
Page 19 of 80
January 7, 2022
File: 193805462
Attention: Mr. Eric Johnson
City of Oak Park Heights
14168 Oak Park Boulevard
Oak Park Heights, MN 55082
Reference: Proposal for Engineering Services—58th Street Sidewalk Extension
Dear Eric,
This letter constitutes the Scope of Services for Professional Services between the City of Oak Park
Heights and Stantec Consulting Services Inc. for providing design and bidding services for the 58th Street
Sidewalk Extension project. The proposed sidewalk improvements are along the north side of 58th Street
N, between Osgood Avenue and 57th Street N. The proposed improvements generally include the
removal of any existing walk/trail, and construction of bituminous trail with pedestrian curb ramps at
driveway and street crossings.
The total estimated hourly not-to-exceed (without prior authorization) fee for the design and bidding is
$23,200, including expenses. A proposal for construction services will be forwarded for the City's review
toward the end of the design phase. Task descriptions and a fee summary are provided below.
Task 1: Design Services
The design services for the project include the following:
• Project Kick-Off: Meeting with City staff to confirm elements to be included in the project.
• Private Utility and Post Office Coordination
• Design: Prepare construction plans and an opinion of probable cost per the layout in the preliminary
report. Present and discuss plans with City staff at progress meeting to be held at 90% plan
completion.
• Construction documents: Preparation of construction plan set and project specifications.
• Mileage and printing.
Task 2: Bidding Services
The bidding services for the project include the following:
• Package Bid Documents and Issue Ad for Bids
• Respond to contractor questions and issue addenda as needed
• Attend bid opening and review/compile a tabulation of all bids received
Page 20 of 80
• Prepare award letter/recommend award of project
The fees for the tasks outlined above are as follows:
Task 4— Design Services $18,700
Task 4— Bidding Services $4,500
Total Estimated Fee $23,200
Proposed Schedule
January 11, 2022 Authorization to prepare Plans and Specifications
February 8, 2022 Approve plans and specifications/Authorize Bidding
March 3, 2022 Receive Bids
March 8, 2022 Council Reviews Bids, Considers Award
May/June, 2022 Begin Construction
Fall, 2022 Substantial/Final Completion
This letter and Scope of Services described above represent the understanding between the City and
Stantec in respect to the Project and may only be modified in writing signed by both of us and is subject to
the current Master Services Agreement between the City and Stantec.
If this letter satisfactorily sets forth conditions of our Agreement, please sign in the space below and
return one copy to our office.
CITY OF OAK PARK HEIGHTS
By
Print Name and Title
Date
If you have any questions, need additional information, or wish to discuss this matter in greater detail,
please contact us. Thank you for the opportunity to provide these services.
Page 21 of 80
Regards,
Stantec Consulting Services Inc.
MN, WI, CA Kellie M. Schlegel, PE MN
City Engineer Senior Associate
Phone: 612-712-2085 Phone: 612-712-2125
Lee.mann@stantec.com Kellie.schlegel@stantec.com
c. file
Page 22 of 80
Oak Park Heights
Request for Council Action
Meeting Date
Time Required: December 14th 2021
Agenda Item Title: 10 Minutes
AGENDA PLACEMEN5�dewalhLWWvj�,pts S-58t1 Street(East of Osgood Ave.)
ORIGINATING DEPARTMENT/Requestor: Eric Johnson, City Administrator
Requester's Signature: _ ✓
Action Requested: Discussion. Possible Action.
Background/Justification(Please indicate if any previous action has been taken or if other public
bodies have advised):
In October of this year,the Council authorized some pre-liminary studies and cost estimates for the 58th
Street Trail/Sidewalk extension-lying east of Osgood Ave.That is report is enclosed for review and
discussion from Lee Mann of STANTEC.It generally discusses the following:
• Preparation of memorandum to discuss proposed improvements. Memo shall contain the following:
o Review of existing conditions and summary of proposed improvements
o Identification conflicts with proposed walk/trail, including utility conflicts
o Identification of potential easement areas
o Identification of required permits
o Preparation of preliminary cost estimate
o Concept drawing identifying proposed improvements and key components
Ultimately,the Council could disucss if it desireso- 62nd St N
to proceed to construction, some further
surveying is needed. Washington county �a
Government Center j
Funding could be derived from the City's Park
and Trail Dedication fund. - which
exceeds $500,000 in unallocated balance. It is ---1
� "
possible that this project could be bid
as an ALTERNATE to one of the City's 60th St N - 60th St N
projects in 2022 - such as Mill & Overlay or z
possibly the NorellAve Project.
n 6
a
a
Such a link would be valuable to connect theti---
0
t
"Ra mie Johnson" area o the City's networks , 58th St w 58th St
3' �' tkAndersen Windows Corp Office
lying to the west and linking trails from Swager
Park to the east. - -
5
Page 23 of 80
Stantec Consulting Services Inc.
® Stantec 733 Marquette Avenue Suite 1000, Minneapolis MN 55402-2309
December 9, 2021
File: 193805462
Attention: Honorable Mayor and City Council
City of Oak Park Heights
14168 Oak Park Boulevard
Oak Park heights, MN 55082
Dear Mayor and Council:
Reference: 58th Street Walk Analysis and Cost Estimate
Introduction
On October 26, 2021, the City Council authorized Stantec to prepare a preliminary engineering analysis
and cost estimate for proposed sidewalk improvements along the north side of 58th Street N, from Osgood
Avenue to 57th Street N and the existing trail entrance to Valley View Park. This engineering analysis
summarizes the existing conditions and identifies proposed improvements to provide the pedestrian
connection identified. Also included is a preliminary cost estimate for the proposed improvements.
Existing Conditions
The project area extends from Osgood Avenue N on the west to 57th Avenue N on the east. There is an
existing north-south concrete sidewalk along the east side of Osgood Ave N, and an existing 8' wide
bituminous trail on the east end that provides pedestrian access to Valley View Park from 58th Street N.
There are 5 driveway entrances along the north side of 58th Street N that provide access to the adjacent
apartment buildings, several town homes, and a church.
There is currently a narrow, bituminous pathway along a portion of the north side of 58th Street N. This
pathway, which is 3.5' to 4'wide, extends from Osgood Ave N to approximately 510' east of Osgood Ave N.
Other existing items in the project area include mailbox banks, utility pedestals/transformers, and a fire
hydrant.
In general, the terrain along the north side of 58th Street N is relatively flat, with wide boulevards. The
primary exception would be approximately 425' east of Osgood Ave N where there is a fairly steep grade
extending north of the curb, adjacent to a stormwater pond. There is a small, block retaining wall along a
portion of the existing walk. This wall is approximately 20' long and 2' in height.
The existing right of way width along 58th Street N is 60'. There is approximately 13' of right of way north of
the northerly curb line to accommodate construction of a wider path.
Design with community in mind
Page 24 of 80
December 9,2021
Honorable Mayor and City Council
Page 2 of 3
Reference: 58th Street Walk Analysis and Cost Estimate
Proposed Improvements
To provide a connection between the two existing pedestrian routes on either end of the project area, we
would recommend construction of a 6' wide pedestrian path that extends from the existing pedestrian ramp
at Osgood Ave N to the existing bituminous trail at 57th Street N. The walk could be constructed adjacent to
the back of the curb and be constructed of either concrete or bituminous pavement. The attached Figure 1
illustrates the proposed improvements.
It is recommended that pedestrian curb ramps with truncated domes be constructed at each of the 5
driveway entrances. This will provide added pedestrian safety, and conform to other areas in Oak Park
Heights where pedestrian ramps have been constructed where trails cross drive entrances.
In general, a minimal amount of grading would be required to accommodate a proposed 6' wide walk.
However, a retaining wall will need to be constructed behind the walkway adjacent to the existing
stormwater pond identified in the existing conditions. This wall would be roughly 3'-4' in height and be
approximately 140' long.
Just east of this proposed wall location, there is an existing hydrant that is approximately 5' behind the curb.
This hydrant will need to be relocated, and possibly replaced due to its apparent age. Relocation should be
coordinated with Public Works staff. There are also several mailbox banks, small utility pedestals and a
transformer which will likely need to be relocated to accommodate the proposed walk. The relocation of
these facilities will need to be coordinated with the facility owners.
There appears to be sufficient right of way available along the north side of 58th Street N to accommodate a
6' path the entire length, as well as a retaining wall along the north side of the walk at the location indicated.
Temporary construction easements may be required to accommodate proposed grading beyond the
walk/retaining wall and will be identified during the design phase.
Estimated Project Costs
Estimated Project Costs for both a 6' wide bituminous path and a 6'wide concrete walk are provided below.
Cost estimates include a 15% construction contingency, and additional indirect (legal, engineering,
administrative) costs. Detailed cost breakdowns are attached to this analysis.
Table 1: Estimated Project Costs
6' Wide Concrete Walk 6' Wide Bituminous Walk
Estimated Construction Cost $172,000 $142,000
15% Construction Contingency $26,000 $22,000
Subtotal Construction Cost $198,000 $164,000
Indirect Costs $50,000 $50,000
Estimated Total Project Cost $248,000 $214,000
Page 25 of 80
December 9,2021
Honorable Mayor and City Council
Page 3 of 3
Reference: 58th Street Walk Analysis and Cost Estimate
Next Steps
If the Council wishes to proceed based on the information provided in this analysis, we will provide a
proposal for preliminary survey, design and bidding services for the proposed walk extension at the first
meeting in January 2022.
Regards,
Stantec Consulting Services Inc.
MN, WI, CA MN
City Engineer Senior Associate
Phone: 612-712-2085 Phone: 612-712-2125
Lee.mann@stantec.com Kellie.schlegel@stantec.com
Attachment: Figure 1 —Project Location,Cost Estimates
c. Andy Kegley—Public Works Director
Page 26 of 80
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Page 27 of 80
PRELIMINARY OPINION OF PROBABLE COST
58th STREET WALK EXTENSION
6' WIDE CONCRETE WALK
OAK PARK HEIGHTS, MN
DECEMBER 2021
No. Item Units Qty EE Unit Price EE Total Price
6' WIDE CONCRETE WALK
1 MOBILIZATION LS 1 $8,000.00 $8,000.00
2 TRAFFIC CONTROL LS 1 $2,000.00 $2,000.00
3 TEMPORARY MAILBOXES LS 1 $2,000.00 $2,000.00
4 STREET SWEEPER WITH PICK UP BROOM WITH HR 20 $150.00 $3,000.00
5 SILT FENCE, MACHINE SLICED LF 500 $4.00 $2,000.00
6 INLET PROTECTION EA 6 $250.00 $1,500.00
7 SALVAGE AND REINSTALL SIGN EA 5 $250.00 $1,250.00
8 RELOCATE EXISTING HYDRANT LS 1 $8,000.00 $8,000.00
9 REMOVE CONCRETE CURB &GUTTER LF 400 $4.00 $1,600.00
10 REMOVE CONCRETE WALK SF 150 $4.00 $600.00
11 REMOVE MODULAR BLOCK RETAINING WALL SF 80 $10.00 $800.00
12 REMOVE BITUMINOUS PATH SY 185 $5.00 $925.00
13 REMOVE BITUMINOUS PAVEMENT SY 140 $10.00 $1,400.00
14 SAWCUT BITUMINOUS PAVEMENT LF 400 $4.00 $1,600.00
15 REMOVE CONCRETE APRON SY 36 $15.00 $540.00
16 SALVAGE AND REINSTALL MAILBOX BANK EA 6 $400.00 $2,400.00
17 COMMON EXCAVATION CY 400 $20.00 $8,000.00
18 AGGREGATE BASE, CLASS 5, 100% CRUSHED TN 300 $21.00 $6,300.00
19 CONCRETE CURB &GUTTER LF 400 $22.00 $8,800.00
20 BITUMINOUS PAVEMENT PATCHING SY 140 $40.00 $5,600.00
21 4" CONCRETE WALK SF 5600 $8.00 $44,800.00
22 CONCRETE PEDESTRIAN CURB RAMP SF 800 $13.00 $10,400.00
23 TRUNCATED DOME PANEL SF 120 $50.00 $6,000.00
24 MODULAR BLOCK RETAINING WALL SF 650 $55.00 $35,750.00
25 TOPSOIL BORROW (LV) CY 150 $35.00 $5,250.00
26 SEED WITH BLANKET SY 1200 $2.50 $3,000.00
CONSTRUCTION SUBTOTAL $171,515.00
15% CONTINGENCY $25,727.25
CONSTRUCTION TOTAL $197,242.25
INDIRECT $50,000.00
ESTIMATED TOTAL PROJECT COST $247,242.25
Page 28 of 80
PRELIMINARY OPINION OF PROBABLE COST
58th STREET WALK EXTENSION
6' WIDE BITUMINOUS WALK
OAK PARK HEIGHTS, MN
DECEMBER 2021
No. Item Units Qty EE Unit Price EE Total Price
6' WIDE BITUMINOUS WALK
1 MOBILIZATION LS 1 $8,000.00 $8,000.00
2 TRAFFIC CONTROL LS 1 $2,000.00 $2,000.00
3 TEMPORARY MAILBOXES LS 1 $2,000.00 $2,000.00
4 STREET SWEEPER WITH PICK UP BROOM WITH HR 20 $150.00 $3,000.00
5 SILT FENCE, MACHINE SLICED LF 500 $4.00 $2,000.00
6 INLET PROTECTION EA 6 $250.00 $1,500.00
7 SALVAGE AND REINSTALL SIGN EA 5 $250.00 $1,250.00
8 RELOCATE EXISTING HYDRANT LS 1 $8,000.00 $8,000.00
9 REMOVE CONCRETE CURB &GUTTER LF 400 $4.00 $1,600.00
10 REMOVE CONCRETE WALK SF 150 $4.00 $600.00
11 REMOVE MODULAR BLOCK RETAINING WALL SF 80 $10.00 $800.00
12 REMOVE BITUMINOUS PATH SY 185 $5.00 $925.00
13 REMOVE BITUMINOUS PAVEMENT SY 140 $10.00 $1,400.00
14 SAWCUT BITUMINOUS PAVEMENT LF 400 $4.00 $1,600.00
15 REMOVE CONCRETE APRON SY 36 $15.00 $540.00
16 SALVAGE AND REINSTALL MAILBOX BANK EA 6 $400.00 $2,400.00
17 COMMON EXCAVATION CY 400 $20.00 $8,000.00
18 AGGREGATE BASE, CLASS 5, 100% CRUSHED TN 300 $21.00 $6,300.00
19 CONCRETE CURB &GUTTER LF 400 $22.00 $8,800.00
20 BITUMINOUS PAVEMENT PATCHING SY 140 $40.00 $5,600.00
21 BITUMINOUS WEAR COURSE FOR WALK TN 120 $125.00 $15,000.00
22 CONCRETE PEDESTRIAN CURB RAMP SF 800 $13.00 $10,400.00
23 TRUNCATED DOME PANEL SF 120 $50.00 $6,000.00
24 MODULAR BLOCK RETAINING WALL SF 650 $55.00 $35,750.00
25 TOPSOIL BORROW (LV) CY 150 $35.00 $5,250.00
26 SEED WITH BLANKET SY 1200 $2.50 $3,000.00
CONSTRUCTION SUBTOTAL $141,715.00
15% CONTINGENCY $21,257.25
CONSTRUCTION TOTAL $162,972.25
INDIRECT $50,000.00
ESTIMATED TOTAL PROJECT COST $212,972.25
Page 29 of 80
To: Eric Johnson, City Administrator From: Lee M. Mann, PE
City of Oak Park Heights City Engineer
File: 193805462 Date: December 10, 2021
Reference: 58th Street Walk— Preliminary Survey
Eric,
We have prepared a cost to conduct a preliminary design survey for the 58th Street Trail. We have indicated
that if the City Council wishes to move forward with the project, we would provide a proposal for the design
and bidding at the first meeting in January. However, if the Council wishes to move forward with the project, it
would be advantageous to get going on the survey as soon as practical.
The estimated cost to perform the survey is $1,960. This should be a conservative estimate which takes into
account the possibility of snow cover when our crew gets out there. Snow cover, and how significant it is, will
impact the time it takes to complete the work.
Let me know if you have any questions.
Stantec Consulting Services Inc.
,ee M. Mann, PE MN,WI,CA
Principal
612-712-2085
Lee.Mann@stantec.com
c. file
Kellie Schlegel,Stantec
Page 30 of 80
Oak Park Heights
Request for Council Action
Meeting Date January I It 2022
Time Required: 5 Minutes
Agenda Item Title: Bayport Fire Services Agreement—
AGENDA PLACEMENT NEW BUSINESS
ORIGINATING DEPARTMENT/Requestor: Mayor Mary McComber
Requester's Signature:
Action Requested: Discussion. Possible Action.
Background/Justification(Please indicate if any previous action has been taken or if other public
bodies have advised):
In November 2021, City Council did approve a limited timeline and number of meetings for
discussion with the BFD Communities relating to the Agreement. I would like to discuss those
two elements.
Page 31 of 80
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Page 32 of 80
�3 r
OnL, TFC-,,. T1 <$1T t.s
Ab I
Meeting Date 41111MI'V 10'_,20222
Time Required: 2 min
Agenda Item Title: Tobacco Violation- Speedway at 144()3 60th St N
Agenda Placement New Business
Originating Department/Requestor Chief of Police Steve Hansen
Requester's Signature
Action Requested Schedule Hearing to Show Cause-Speedway stare#7o 6
Background/Justification (Please indicate if any previous action has been taken or if other
public bodies have advised):
On December 21st 2021 the Oak Park Heights Police Department conducted tobacco
compliance checks on all vendors licensed within the city of Oak Park Heights.
During the compliance check an officer from OPHPD was assisted by a juvenile volunteer that
was 16 yrs old.
The juvenile entered the business of Speedway store#7036 with no picture ID or Drivers
License. She made contact with female employee and asked for one pack of cigarettes
(Marlboro Reds). The store employee didn't even ask for ID. Transaction was completed for
$9.89 with the use of cash/money proNrided by the OPHPD Officer. Juvenile volunteer then
exited the store and made contact with awaiting OPHPD Officers. OPHPD Officer made
contact with the employee at the store and advised of the violation.
The store clerk/employee is being criminally charged under MN State Statue 6o9.685.1A for
the first-time petty misdemeanor offense.
The merchant Speedway store#7036 has no violations at the look back period of 24months in
compliance with city resolution. In conformance with OPH city ordinance 1409, I recommend
the council schedule a Hearing to Show Cause on February 21, 2022 with the purpose of
reviewing the incident or imposition of a $500 sanction.
Page 33 of 80
C-qTY OF OAK PARK EMIGHTS
POLICE DEPARTMENT
14168 Oak Park Blvd. N.,
Oak Park Heights, MN 55082
January 11, 2022
Northern Tier Retail LLC dba Speedway#7036
1449360 1h St N
Oak Park Heights, MN 55082
Dear Sir or Madam;
This letter is in response to the failure of a tobacco compliance check
completed by the Oak Park Heights Police Department on 12/21/2021 at the
Speedway Store#7306 located at 14493 60"' St N, Oak Park Heights, MN
55082.
During this compliance check your employee sold tobacco to under 18-year-old
persons. The report of incident is attached. The suspect employee is being
criminally charged under MN State Statue 609.6861A, petty misdemeanor
criminal violation.
As part of this violation the City Council of Oak Park Heights scheduled a
hearing to show cause for action of a $500.00 sanction against your tobacco
license. You have the ability under city ordinance 1409 to be heard at that
hearing. This hearing is scheduled to take place at the council meeting on
February 22, 2022.
As a first offense you can also simply pay the $500.00 civil penalty no later
than February 22, 2022.
If you have any questions, please call me at 651-439-4723
Sincerely,
Steve Hansen
Chief of Police
Page 34 of 80
CITY OF OAK PARK HEIGHTS
WASHINGTON COUNTY,MINNESOTA
IN RE: LICENSE 22-1T TO SELL TOBACCO, TOBACCO PRODUCTS, OR TOBACCO RELATED
DEVICES
ORDER TO SHOW CAUSE
TO: Northern Tier Retail LLC, (Speedway 97036)located at 14493,60'st N,City of Oak Park Heights,MN 55082
At the direction of the City Council for the City of Oak Park Heights, it is hereby ordered that you perforin.
one of the following two items:
1) Northern Tier Retail LLC or your representatives,appear before the City Council of the City of Oak Park
Heights at 6:00 p.m. on February 22"a 2022, at the City Municipal Building located at 14168 Oak Park
Boulevard No., Oak Park Heights, Minnesota 55082, or as soon thereafter as council can be heard and
show cause, if any you have, why an order should not be issued by the City Council for the City of Oak
Park Heights imposing fines, limiting,suspending or revoking your 2022 I..icense to sell Tobacco,Tobacco
products or Tobacco Related Products as had been previously issued by the City of Oak Park Heights to:
Northern Tier Retail LLC, Speedway #7036. Specifically, you should show cause why your license as
referenced above should not be suspended, revoked or other sanctions imposed by the City of Oak Park
Heights as a result of illegal sales of tobacco to a minor as occurred on your premises on December 2151
2021,
2) Pay a$500.00 civil forfeiture; this amount set by City Ordinance and is the penalty for the first offense.
Full payment must be received by the city no later than Tuesday February 22"d 2022.
Dated this I I"day of January,2022
BY ORDER OF THE CITY COUNCIL
Steve Hansen
Chief of Police
Page 35 of 80
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Page 36 of 80
Oak Park Heights
Request for Council Action
Meeting Date January 11th, 2022
Time Required: 5 Minutes
Agenda Item Title: Norell Ave Backage Road—LRIP Funding—Resolution and Grant Agreement
Agenda Placement New Business
Originating Department/Requestor: Eric Johnson, City Administrator
Requester's Signature
Action Requested: See Below
Background/Justification (Please indicate if any previous action has been taken or if other public bodies
have advised):
The CIiy is required to complete certain documents for MNDOT/STATE relative to their approved funding for
the Norell Ave. Project. At this time... and there will be further needed approvals of agreements... the City is
asked to approve the enclosed Resolution and sign the Grant Agreement. These relate to $406,556 in Design
Engineering elements at this time. The City's expected cost sharing breakdown is below.
Further Agreements will relate to construction costs and other elements.Without approval of these documents,
the City cannot utilize State funding.
Staff recommends the approval of:
1. Enclosed Resolution
2. Grant Agreement for LRIP—Design Engineering.
CITY OF OAK PARK HEIGHTS Norell/60th Street Backage Road Realignment LRIP Funding Breakdown
\ Total MnDOT Local
Estimated City Capital Agreement
Task Cost Sub-Task Sub Task Costk$ 75,950
ds Project Fund Program
Design Services $ 227,850 $ 151,900
Admin/Legal $ 170,706 $ 170,706
Design Engineering 5 406,556 Geotechnical investigation and
pavement section determination $ 8,000 $ 8,000
$ 1,623,444 $ 714,050 $ 265,394 $ 644,000
Construction Costs $ 1,623,444
Discount Tire ROW and Utility
$ 2,000 $ 2,000
Right-of-Way Acquisition/Easement $ 200,000 Easement
Walmart Is 1,000 Is 1,000
Future ROW and Easement Costs $ 197,000 $ 197,000
Totals $ 2,230,000 $ 2,230,000 $ 790,000 $ 796,000 $ 644,000
Page 37 of 80
RESOLUTION
A RESOLUTION BY THE CITY OF OAK PARK HEIGHTS—RELATED TO REQUIRED
DOCUMENTATION FOR STATE TRANSPORTATION FUND—LOCAL ROAD AID (NORELL
AVE. AND STH 36)
WHEREAS, the City of Oak Park Heights has applied to the Commissioner of Transportation for a
grant from the Minnesota State Transportation Fund for Local Road Improvement(LRIP); and
WHEREAS, the Commissioner of Transportation has given notice that funding for this project is
available; and
WHEREAS, the total Project amount of the LRIP grant has been determined to be $796,000 by
reason of responsible estimates by Minnesota licensed City Engineer; and,
WHEREAS, the Design Engineering amounts are to be $406,556 with $75,950 to be derived from
the LRIP funds and the balance of$330,606 to be supplied from the City
NOW THEREFORE, be it resolved that the City of Oak Park Heights does hereby agree to the terms
and conditions of the grant consistent with Minnesota Statutes, section 174.52 and will pay any
additional amount by which the cost exceeds the estimate, and will return to the Minnesota State
Transportation Fund any amount appropriated for the project but not required. The proper officers
are authorized to execute a grant agreement and any amendments thereto with the Commissioner of
Transportation concerning the above-referenced grant.
Approved by the City Council for the City of Oak Park Heights this day of
, 2022.
Mayor
Attest: City Administrator
Page 38 of 80
LOCAL ROAD IMPROVEMENT PROGRAM (LRIP)
GRANT AGREEMENT (DESIGN ENGINEERING)
This Agreement between the Minnesota Department of Transportation ("MnDOT") and the
Grantee named below is made pursuant to Minnesota Statutes Section 174.52 and pursuant to
Minn. Laws 2020, 5th Special Session, Chapter 3- H.F. 1. The provisions in that section and the
Exhibits attached hereto and incorporated by reference constitute this Agreement and the persons
signing below agree to fully comply with all of the requirements of this Agreement. This
Agreement will be effective on the date State obtains all required signatures under Minnesota
Statutes §16C.05, subdivision 2.
1. Public Entity (Grantee)name, address and contact person:
Cily of Oak Park Heights
—Attn: Eric Johnson, City Administrator
14168 Oak Pak Blvd
Stillwater, MN 55082
Contact: Eric Johnson, City Administrator
2. Prcject(s):
Name of Project&
Project Number Amount of Amount of Required
(See Exhibit C for LRIP Funds Matching Funds
location) Completion Date
SAP 082-594-002 $75,950.00 $330,606 12/31/2025
3. Total Amount of LRIP Grant for all projects under this Agreement: $75,950.00
4. The following Exhibits for each project are attached and incorporated by reference as part of
this Agreement:
Exhibit A Completed Sources and Uses of Funds Schedule
Exhibit B Project Schedule
Exhibit C Bond Financed Property Certification
Exhibit D Grant Application
Exhibit E Grantee Resolution Approving Grant Agreement
Exhibit F General Terms and Conditions
Page 39 of 80
5. Additional requirements, if any:
6. Any modification of this Agreement must be in writing and signed by both parties.
(The remaining portion of this page was intentionally left blank.)
Page 40 of 80
PUBLIC ENTITY(GRANTEE)
By:
Title: Mayor
Date:
By:
Title: City Administrator
Date:
DEPARTMENT OF TRANSPORTATION
Approval and Certifying Encumbrance
By:
Title: State Aid Programs Engineer
Date:
Office of Financial Management, Grant Unit
By:
Agency Grant Supervisor
Date:
OFFICE OF CONTRACT MANAGEMENT
By:
Contract Administrator
Date:
Page 41 of 80
EXHIBIT A
SOURCES AND USES OF FUNDS SCHEDULE
SOURCES OF FUNDS USES OF FUNDS
Entity Supplying Amount Expenses Amount
Funds
-------------------------------------------------------------------------'----------------------------------------------------------------------- -----------------------------------------------------------------------------------------'---------------------------------------------------------------------
-------------------------------------------------------------------------'------------------------------------------------------------------------ ---------------------------------------------------------------------------------------'---------------------------------------------------------------------
State Funds: Items Paid for with LRIP
-------------------------------------------------------------------------'------------------------------------------------------------------------ ---------------------------------------------------------------------------------------'---------------------------------------------------------------------
LRIP Grant $75,950.00 Grant Funds:
---------- --------------------------------------------------------------------------------------------------- --------------------------------------------------------------------------------------------------------------------------------------------------------------
Design and geotechnical $75,950.00
work
------------------------------------------------------------------------------------------------------------------------------------------------ --------------------------------------------------------------------------------------------------------------------------------------------------------------
-------------------------------------------------------------------------T----------------------------------------------------------------------- -----------------------------------------------------------------------------------------r---------------------------------------------------------------------
-----------------------
------------------------------------------------------------------------------------------------------------------------------------------------ --------------------------------------------------------------------------------------------------------------------------------------------------------------
Subtotal $75,950.00 Subtotal $75,950.00
------------------------------------------------------------------------------
---------------------------------------------------------------------
Public Entity Items paid for with Non-
Funds:
----------------------------------------------------------------------------------------------------------------------------------------------- --------------------------------------------------------------------------------------------------------------------------------------------------------------
LRIP Grant Funds:
Local Match $330,606.00
-----------------------------!---------------------------------------------------------------------
-----------
City Design services____ $151,900.00
------- -------- -------- ------- -------- --------
-------------------------------------------------------------------------------------------------------------------------------------------------
----C1-t-Admin/Legal-------------------------- -$170,706-.00
--------------------------------------------------------------------- -------------------------------------------------------------------- ----Clty--Geotech/Pave ----------- -------------------------------$8,000.00----
---------------------------------------------------------------------
------------------------------------------------------------------------T----------------------------------------------------------------------- --------------------------------------------------------------------------------------------------------------------------------------------------------------
Subtotal $330,606.00 Subtotal $330,606.00
------------------------------------------------------------------------------------------------------------------------------------------------ --------------------------------------------------------------------------------------------------------------------------------------------------------------
-------------------------------------------------------------------------T----------------------------------------------------------------------- --------------------------------------------------------------------------------------------------------------------------------------------------------------
---------------------------------------------------------------------
---------------------------------------------------------------------
-------------------------------------------------------------------------t----------------------------------------------------------------------- --------------------------------------------------------------------------------------------------------------------------------------------------------------
-------------------------------------------------------------------------------------------------------
TOTAL FUNDS $406,556/00 = TOTAL PROJECT $406,556/00
COSTS
------------------------------------------------------------------------------------------------------------------------------------------------ --------------------------------------------------------------------------------------- ---------------------------------------------------------------------
Page 42 of 80
EXHIBIT B
PROJECT SCHEDULE
Award Date: Contract date with STANTEC— 10/28/20
Design Start Date: 10/29/20
Construction Substantial Complete Date 10/15/22
Contract Final Completion Date: 12/31/25
Page 43 of 80
EXHIBIT C
BOND FINANCED PROPERTY CERTIFICATION
State of Minnesota.
General Obligation Bond Financed Property
The undersigned states that it has a fee simple, leasehold and/or easement interest in the
real property located in the County of Washington, State of Minnesota that is generally described
or illustrated graphically in Attachment 1 attached hereto and all improvements thereon (the
"Restricted Property") and acknowledges that the Restricted Property is or may become State
bond-financed property. To the extent that the Restricted Property is or becomes State bond-
financed property, the undersigned acknowledges that:
A. The Restricted Property is State bond-financed property under Minn. Stat. Sec.
16A.695, is subject to the requirements imposed by that statute, and cannot be
sold, mortgaged, encumbered or otherwise disposed of without the approval of
the Commissioner of Minnesota Management and Budget; and
B. The Restricted Property is subject to the provisions of the Local Road
Improvement Program Grant Agreement between the Minnesota Department of
Transportation and the undersigned dated , 20 ; and
C. The Restricted Property shall continue to be deemed State bond-financed
property for 37.5 years or until the Restricted Property is sold with the written
approval of the Commissioner of Minnesota Management and Budget.
Date: , 20
The City of Oak Park Heights, a political
subdivision of the State of Minnesota
By:
Name: Mary McComber
Title: Mar
By:
Name: Eric Johnson
Title: City Administrator
Page 44 of 80
Attachment I to Exhibit C
GENERAL DESCRIPTION OF RESTRICTED PROPERTY
(Insert a narrative or graphic description of the Restricted Property for the project. It need not be
a legal description if a legal description is unavailable.)
INSERT COPY OF LAYOUT
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Page 45 of 80
EXHIBIT D
GRANT APPLICATION
Attach the grant application for the project
This project was legislatively selected, with $790,000.00 appropriated in Minnesota Laws 2020,
5th Special Session, Chapter 3, Article 1, Section 16, Subdivision 10.
From the bond proceeds account in the state transportation fund as provided in Minnesota Statutes,
section 174.50, for a grant to the City of Oak Park Heights for improvements to Norell Ave. & 60'1 Street
(Frontage Road). Improvements include predesign,design,engineering, acquisition of right-of-way,
replacement or repair of utilities, street reconstruction,trails and other improvements or upgrades related
to street work.
Page 46 of 80
A. Applicant Information
1. Name (First & Last):Eric Johnson 2. Phone Number:651-439-4439
3. E-mail:eajohnson@cityofoakparkheights.com 4. Agency Type:Small City(Population < 5,000)
5. Agency Name:City of Oak Park Heights
6. Street Address:14168 Oak Park Blvd
7. City:Stillwater 8. State: MN 9. Zip Code:55082
10. Sponsoring County and County Engineer name (required if applicant is small city or township)
Washington County - Frank Ticknor
B. Project Location
1. MnDOT District: Metro 2. County:Washington
3. City:Oak Park Heights 4. Township:
5. Name of Road:Norell Ave. 6. Type of Road: Local Street
7. Road Authority Type (which agency owns and has jurisdiction of the road): Small City (Population < 5,000)
8. Project Termini: From Kruger Lane 9. To: Nolan Ave.
C. Project Description
1. Type of Project. New Construction
2. Select the LRIP Account requested for funding. Trunk Highway Corridor
3. Provide a summary of the proposed project and the transportation deficiencies that will be eliminated,
including a description of operational and general safety benefits of the project. Projects seeking funding from
the Rural Road Safety Account will need to provide a more detailed description of safety issues and benefits
under Section D3.
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 60th Street and Norell Ave.The total Project cost is estimated to be
$2.23 Million.60th 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).
LEVEL OF SERVICE:
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.The Project is expected to significantly improve these conditions.
SAFETY AND CRASH DATA:
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(41.7%),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.
FUNDING REQUEST:
The Project Cost to correct and solve these problems is estimated to be$2.23 Million for which the City has secured a MNDOT Local Agreement Program
Grant in the amount of$644,000 and the City has also committed to provide$794,392 in local funds(non-MSA)totaling$1.4 Million or 64%of the needed
funding.
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.Without additional
funds,the Project cannot proceed.
Page 47 of 80
D. LRIP Account Considerations and Eligibility
D1. Trunk Highway CorridorAccount Considerations and Eligibility
1. Describe the state trunk highway project and how the local road(s)will be impacted by the trunk highway
project. Funds from this account are for local road improvements impacted by trunk highway projects where
local agencies have cost responsibility. It is not intended to be used for improvements or projects on the
trunk highway or within the trunk highway corridor right of way that require local cost sharing per MnDOT's
Cost Participation Policy.
Not a State Trunk Highway Project.
D2. Routes of Regional Significance Account Considerations and Eligibility
1. For Routes of Regional Significance projects, which of the following criteria does your project meet(select
all that apply)?
❑ Farm to Market route ❑ Part of a 10-ton route network
❑ Part of an economic development plan ❑ Connect to regional tourist destination
❑■ Provides capacity or congestion relief to a parallel ❑ Is a connection to the regional system, trunk
trunk highway system or county road highway, or a county road
2. Describe the number of persons and potential multiple local agencies that will be positively impacted by
the project and how they will benefit.
This will aid in the movement of local and regional traffic in and around the STH 36 Corridor -
reducing congestion at Norell Ave. and making turning movement off and onto STH 36 easier
and safer.
Page 48 of 80
D2. Routes of Regional Significance Account Considerations and Eligibility
3. Describe the project contribution to the local, regional or state economy, and economic development or
redevelopment efforts.
This Project will benefit the region and local are by making the local traffic patterns easier to
travel and safer. This will benefeit local businesses and the community as a whole.
0.3. Rural Road SafetyAccount Considerations and Eligibility(onlyCountyState Aid Highways are
eligible)
1. Is this project on a County State Aid Highway? No
2. Is this projector components of this project identified in a County Road Safety Plan? No
3. Identify the appropriate focus area that your project/safety strategy aligns with in the Minnesota Strategic
Highway Safety Plan. -please select-
Page 49 of 80
D.3. Rural Road SafetyAccount Considerations and Eligibility(onlyCountyState Aid Highways are
eligible)
4. Identify the type of crash or safety hazard this project is trying to address. Respond even if project is in a
county safety plan or the Minnesota Strategic Highway Safety Plan.
SAFETY AND CRASH DATA:
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 .7%), 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.
5. Describe how this project improves safety, reduce traffic crashes, fatalities, injuries, and property
damages. Respond even if project is in a county safety plan or the Minnesota Strategic Highway Safety Plan.
The installation of the round-about and the pulling back of the frontage road will allow more
stacking, better visibility and reduce cross-lane travel.
Page 50 of 80
E. Project Readiness and Ability to Maintain
1. Estimated Construction Year: 2022
2. Are there railroad impacts (RR xing or RR tracks within 600' of the project)? No RR xings or tracks within 600'
3. What is the status of the engineering and design work on the project? Design in progress
4. Has this project been selected for federal funding, and if so what year in the STIP? No
5. Is right of way acquisition required? If so, describe the status of these efforts. Row has been acquired
6. Describe the local agency's ability to adequately provide for the safe operation and maintenance of the
facility upon completion.
The City alreaady maintains over 26 miles of traffic lanes; this will be added to the City's
regula O&M scheudle and control systems
F. Multimodal/Complete Streets
Identify infrastructure improvements for non-motorized and/or transit users on this project.
Trails will be added throughout to better link the area including ADA improvments
Page 51 of 80
G. Estimated Project Cost
Source of Funding
1. LRIP Request: $75,950.00
2. Federal Funds:
3. State Aid Funds:
4. Local/Other Funds: $330,606.00
5. MnDOT Trunk Highway Funds:
6. Total Project Cost: $406,556.00
H. Attachments
❑ At least one project location map with routes and project termini labeled
❑ Engineer's Estimate with an itemized breakdown
❑ Project schedule
❑ Local agency resolution
❑ Resolution of support from sponsoring county agreeing to be sponsor and agreeing to perform sponsor
tasks as identified above in section "Project Selection" (required for applications by townships and cities
under 5,000 population)
❑ Other letters of concurrence or support
When you are ready to submit the application, save the application form with LRIP, agency and road in the name
of the document; e.g. LRIP_RamseyCounty_CSAH30.pdf.
The application and attachments are due by 4:00 p.m. on March 3, 2021. Applications and attachments should
be submitted electronically to saltirhelp.dot@state.mn.us. Please limit the file size transmitted via email to no
more than 10 MB. State Aid will send a reply acknowledging receipt of the application. If you haven't received a
reply from State Aid within a few days of submittal, send an email to saltirhelp.dot@state.mn.us to inquire
about the status of the application.
More information is available at:
• LRIP website at: http://www.dot.state.mn.us/stateaid/Irip.htm1.
• PowerPoint on LRIP at: http://www.dot.state.mn.us/stateaid/training/Irip.pptx
If you have questions regarding this solicitation, contact Marc Briese at 651-366-3802 or
marc.briese@state.mn.us.
Page 52 of 80
t _
Washington County I MN
City of Oak Park Heights A great place to live,work and play.-today and tomorrow!
1212120
TO: Marc Briese,P.E.
Programs Engineer
State Aid for Local Transportation
395 John Ireland Blvd,
St. Paul,MN 55155 ALSO VIA EMAIL: marc.brieseRstate.mn.us
RE: 2020 Local Road Improvement Program(LRIP)Leg.Earmark—60th Street—Backage Road
Dear Marc,
We understand there is a policy desire of MNDOT to ensure proper execution of projects where State Funds are allocated to
local communities.Further,in some cases,small municipalities may not have the required engineering,legal or administrative
capacity or expertise to effectively execute complex roadway projects and thus the State may look to the County to perform
certain functions.
In the case of this Project,the City of Oak Park Heights utilizes a professional staff and consultants under the auspices of
consulting engineering firm of STANTEC—a regionally well known and established firm. Further,the assigned staff are well
acquainted with MNDOT expectations,design process and project execution—such Staff are Lee Mann,P.E.and Kevin
Hoglund,P.E.Both K.Hoglund and L. Mann are each licensed—professional engineers and each hold over twenty-five years of
public municipal project execution experience including the facilitation of State aid funded projects.
To this end,as there remains a desire on the part of the State to involve the County the following expectations will be generally
delegated as follows and are acceptable to the City of Oak Park Heights and Washington County-both parties will work in good-
faith to facilitate the proper execution of the Project and to benefit effective use of public dollars.
To the City:
• Execute LRIP Grant Agreement
• Ensure the project meets milestones and dates; STANTEC will hold typical construction progress meetings,
project management team meetings,use of project tracking software,etc.
• Develop,review andlor approve the plan in conjunction with City Administrator—Dr.Eric A.Johnson,AICP to
ensure City goals are also met.
• Submit plan,engineers estimate,and proposal to the DSAE
• Advertise,let,and award the project
• Communicate progress and updates with the DSAEs and State Aid Programs Engineer
• Ensure that the project receives adequate supervision and inspection
• Ensure project close out—with guidance and coordination from Washington County to ensure compliance with
required State Aid rules.
To the County:
• Be the limited fiscal agent on behalf of the City to facilitate and/or submit State Aid payments and pay
requests:State Aid will make payments to the County,and the County will disburse funds to the City for final payment
to contractor(s)
• Request SAPISP number for the project.
If any further clarifications are needed please reach out. 651-439-4439 City 1651-430-4300 County.
Sincerely
Dr.Eric Johnson,AICP Frank Ticknor,PE
City Administrator Design Engineer
City of Oak Park Heights Washington County
Page 53 of 80
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CITY OF OAK PARK HEIGHTS
III
DEMONSTRATION OF FULL FUNDING
NORELL AVENUE/60TH STREET BACKAGE
ROAD REALIGNMENT PROJECT
Enclosures:
LRIP Funding Breakdown Spreadsheet
10/27/2020 Council Action Item Establishing Fund and Sources
10/27/2020 City Council Minutes Approving Council Action
Resolution Committing to Funding passed February 9, 2021
Proof that City can cover City share (cash allocation and bank statement)
Page 55 of 80
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SO-
Oak Park Heights
Request for Council Action
Meeting Date: October 27, 2020
Agenda Item Title: Establish a Capital Project Fund for Norell Interchange and Designate Funding
Sources including an Interfund Transfer from the General Fund.
Time Required: 1 minute
Agenda Placement: Consent Agenda
Originating Department/Requestor: Betty Caruso, Finance Director
Requester's Signature:
Action Requested Establish Capital Project Fund -Norell and Hwy 36 Interchange Improvements
and approve the Interfund Transfer from the General Fund as a partial funding
source
Background/Justification (Please indicate any previous action, financial implications including budget
information and recommendations).
The recent approval of the 2020 State Bonding Bill included funding for the City's proposed
improvements for the street and intersection on Norell and Hwy 36. This funding allows the city to
move forward with the project. In order to account for this capital improvement with an estimated cost
of$2,230,000, I recommend that the City establishes a Capital Improvement Fund titled Norell and
Hwy 36 Interchange Improvements.
The funding for this project is expected to be as follows:
State Bonding Bill $790,000
MnDot Participation $644,000
City Funding $796,000
The use of Unallocated General Fund Balance has been referenced as a possible funding source for the
City's portion of the project. Closing of the Revolving Capital Fund to the General Fund in 2018
transferred $292,000 of unused Capital Project Funds to the General Fund. This amount with
$504,000 of Unallocated General Fund Balance would provide the City's portion of funding.
A schedule of expected fund balance for 2020 is attached.
RECOMMENDED:
Establish a Capital Project Fund for Norell Interchange Improvement and transfer from the General
Fund $796,000 for City's estimated portion of funding.
Page 57 of 80
GENERAL FUND BALANCE
ALLOCATION 12/31/2020
12/31/2019 12/31/2020 NORELL/HWY36 ESTIMATED
ACTUAL ESTIMATED INTERCHANGE AFTER ALLOCATION
NONSPENDABLE
PREPAID ITEMS $ 80,898 $ 81,000 $ 81,000
RESTRICTED $ - $ - $ -
ASSIGNED
EMPLOYEE BENEFITS $ 207,000 $ 180,000 $ 180,000
ENSUING YEARS BUDGET $ 100,000
UNASSIGNED
CASH FLOW RESERVE $ 2,379,000 2,585,000 2,585,000
GENERAL CONTINGENCY RESERVE 871,000 916,000 916,000
SNOW PLOWING RESERVE 141,000 141,000 141,000
TAX PETITION ADJUSTMENTS 100,000 100,000 100,000
REVOLVING CAPITAL FUNDS 292,000 292,000 (292,000) -
KING PLANT 100,000
TIF ADVANCE-POSSIBLE NON PAYBACK 410,000 410,000 410,000
REMAININING BALANCE 831,736 807,634 (504,000) 303,634
UNASSIGNED 5,124,736 5,251,634 (796,000) 4,455,634
TOTAL FUND BALANCE $ 5,512,634 $ 5,512,634 $ (796,000) $ 4,716,634
Page 58 of 80
CITY OF OAK PARK HEIGHTS
TUESDAY, OCTOBER 27, 2020
CITY COUNCIL MEETING MINUTES
I. Call to Order/Approval of Agenda: Mayor McComber called the meeting to
order at 6:00 p.m. Present: Councilmembers Dougherty, Johnson, and Runk.
Staff present: City Administrator Johnson, City Clerk Pinski, City Attorney Kevin
Sandstrom, and City Engineer Mann. Absent: Councilmember Liljegren and City
Planner Richards.
Mayor McComber added "Consider the Resumption of Remote Meetings" as
New Business Item D.
Councilmember Johnson, seconded by Councilmember Dougherty, moved to
approve the Agenda as amended. Carried 4-0.
II. Council/Staff Reports:
A. Mayor McComber: She reported she attended a call with the Coalition of
Utility Cities, the Lookout Trail neighborhood meeting on October 24, the
Minnesota Association of Small Cities two-day retreat, and a virtual bus
tour with the Metropolitan Interfaith Council on Homelessness. She
announced the Mayor for a Day Contest which was linked on the City's
website.
B. Councilmember Dougherty: He reported there would be a Cable
Commission meeting in November, he attended the Lookout Trail
neighborhood meeting on October 24, and he and Councilmember Runk
held an interview aired on the cable access channel.
C. Councilmember Johnson: She reported she attended the Parks and Trails
Commission meeting where they discussed ice rink procedures during the
COVID-19 pandemic.
D. Councilmember Liliegren: Absent.
E. Councilmember Runk: He reported he attended the CVB meeting and the
cable access interview.
F. Staff. City Clerk Pinski reported that Marlys Bell of 14812 58�' Street
North #61) was chosen as the recycling award winner.
III. Visitors/Public Comment: None
IV. Consent Agenda:
A. Approve Bills & Investments
B. Approve City Council Minutes—October 13, 2020
Page 59 of 80
City Council Meeting Minutes
October 27, 2020
Page 2 of 3
C. Adopt Resolution Approving a Gambling Premises Permit Application
Made by Stillwater Elks#179 for Gambling Activity at Stillwater VFW
D. Establish a Capital Project Fund for Norell Interchange and Designate
Funding Sources Including an Interfund Transfer from the General Fund
Councilmember Runk, seconded by Councilmember Johnson, moved to approve
the Consent Agenda. Roll call vote taken. Carried 4-0.
V. Public Hearings: None
Vl. Old Business:
A. City Council Teambuilding& Goal Setting: Mayor McComber reported
she would get back to the League of Minnesota Cities with date
suggestions for a Friday in January.
Councilmember Runk, seconded by Councilmember Johnson, moved to
table the item to the next meeting. Carried 4-0.
VII. New Business:
A. Norell Ave. Backage Road— Stantec Proposal— Design and Bidding
Services: City Engineer Mann provided an updated proposal to design the
backage road at Norell Avenue.
Councilmember Runk, seconded by Councilmember Johnson, moved to
accept the proposal for engineering services for the Norell backage road
project. Roll call vote taken. Carried 4-0.
B. City Stormwater Update— South of 55`h Street / River Hills Development:
City Administrator Johnson said the City was contacted by a property
owner regarding a City stormwater drainage system that extended into
Baytown Township. He said he met with the property owner and reviewed
the site which appeared to be in need of some improvements. City
Engineer Mann provided a proposal with an estimate of$11,700 for an
erosion survey and site analysis in order to design a solution.
Councilmember Runk, seconded by Councilmember Dougherty, moved to
accept the proposal. Carried 4-0.
C. Proclamation Recogqizing School Choice Week—January 24-30 2021:
Mayor McComber reported she received a request from National School
Choice Week to consider a Proclamation. Councilmember Runk said it
was a political issue and was not an appropriate subject for the City
Council to take on. No action taken.
Page 60 of 80
City Council Meeting Minutes
October 27, 2020
Page 3 of 3
D. Consider the Resumption of Remote Meetings: Mayor McComber
suggested with the recent increase in new COVID-19 cases in the area, the
City might want to consider resuming remote meetings.
Councilmember Johnson, seconded by Councilmember Dougherty, moved
to resume remote meetings. Carried 4-0.
VIII. Other Council Items or Announcements: None
IX. Adjourn: Councilmember Dougherty, seconded by Councilmember Johnson,
moved to adjourn at 6:21 p.m. Carried 5-0.
Respectfully submitted, Aparoved as to Content and Form,
Jenni er Pinski Mary Com er
City Clerk May
Page 61 of 80
RESOLUTION 21-02-07
A RESOLUTION OUTLINING CITY COUNCIL SUPPORT FOR AN APPLICATION TO THE STATE
OF MINNESOTA CAPITAL BUDGET FOR 2020 AND PROVIDING A LOCAL CAPITAL MATCH —
UPDATED FOR CITY COMMITMEMNTS RELATING TO REMAINING FUNDING
Whereas the City of Oak Park Heights and Minnesota Department of Transportation (MNDOT) acknowledges
the need of corrections and improvements of the interchange area of State 'Trunk Highway (STH) 36 and Norell
Ave. and its southerly frontage road; and,
Whereas current service levels at the STH 36 south frontage road at Norell Ave. are at or below a service Level
"F"and are expected to continue to worsen as traffic volumes continue to increase in the STH 36 corridor; and,
Whereas the City and MNDOT have to date completed studies to explore options to improve the functionality of
this intersection and area including the re-alignment of the south frontage roadway which will directly improve
the STH 36 interchange and access to the local commercial corridor; and,
Whereas the estimated project costs for such re-alignment improvements are expected to be substantial and is
estimated at$2,230,000 when factors of utilities,design,storm-water management,bidding,construction and right
of way are included; and,
Whereas the City of Oak Park Heights is not a State Aid City and does not have funding sources available to
complete this Project independently; and,
Whereas to date,the City has secured a Municipal Agreement Grant from MNDOT in the amount of$644,000 to
fund a portion of this Project and was also awarded an allocation of$790,000 from the 2020 State Bonding Bill
leaving a remaining Project Gap and commitment estimated in the amount of$796,000 that must be funded by
the City,
NOW, THEREFORE BE IT RESOLVED, by the City Council for the City of Oak Park Heights that the
City does commit to fund any remaining Project Gap not funded by the 2020 Bonding bill or the Municipal
Grant Agreement.
BE IT FURTHER RESOLVED that City Staff are enabled to complete any reasonably necessary studies,
documents or submissions to the State of Minnesota that fosters the Project or commitments set-forth
above.
Passed by the Ci Council for the City of Oak Pa eights this 9`h y of Februalf 2021
MayorWary McComber
!e
Eri nson, City Administrator
Page 62 of 80
EXHIBIT E
GRANTEE RESOLUTION APPROVING GRANT AGREEMENT
RESOT.17MN
Resolution is Fine,
KE Q L:IKED 00(: LL NTA:'iON F 01E,S'I ATE UXA A:ION t�:ND–
-NORT.11_%T. AND SST '6)
p
Planned aproval
date 1/11/22 WKEPLEAS,the Cityof Oak Pok lltj:_-his has ZLPPLLCJ lo the Con]MLS&ioncr of
T-ampociation for agmat from the'vfinaesoia State Trazr.poaauon FLIdO C'J: Local
The final a pprmed Improvn=t(LRIP);and
Resolution will be V.hLREA.S.the CLIEZINUSSIMItT ofTr=por=onhas gn,en notice thy[fund=for
inserted after rni�—.)fog o 1,a-,a0aNe,arid
1/11/22 1 TTY T.A'� thr,vwal Pro)cct amount of thr T.RTP grAw lima been derermincd to be
1 1 j ponsible C�Ljj I L-_tc! �Otd licemed Cin-]Engineer;
amounts are tobeS406,556 mthS7%950 tobe
den%-ed&<mu tlse LRI P thndt=d the bahace of S3 30,W to be supplied from the City
NOW THEREFORE,be it rcsoET4 that the City cf Oak Park Heights docs hcr6y
agrcr to dw terms and conditions of the 2WELut Fomwtcra viih M=cwta Stataics:
section 174.52 and v;ill pay any additional amount by which die cost exceeds the
csiimate,and vLill Yet=to the Mjfmesata State Transportation Fiuid ant'amount
appropriated for the project but not required.Ile PTOPel OffiU3 3 are&UbOftzed 10
cuKutc-A gram qgmmmt and any=,ucndm=U tLactq kith the CanimisvWvm of
7F=P0r1ELt1Q13 CQnCCMM2 Che abD-,C-ttftd S=t.
Approved by the City Council for die City of Oak PwkHeigbms shin_day of
.2022.
Mayor
Attest:City Admmstrztor
Page 63 of 80
EXHIBIT F
GENERAL TERMS AND CONDITIONS FOR
LOCAL ROAD IMPROVEMENT PROGRAM (LRIP) GRANTS
Article I
DEFINITIONS
Section 1.01 Defined Terms. The following terms shall have the meanings set out respectively after
each such term (the meanings to be equally applicable to both the singular and plural forms of the terms
defined)unless the context specifically indicates otherwise:
"Advance(s)"- means an advance made or to be made by MnDOT to the Public Entity and disbursed
in accordance with the provisions contained in Article VI hereof.
"Agreement" - means the Local Road Improvement Program Grant Agreement between the Public
Entity and the Minnesota Department of Transportation to which this Exhibit is attached.
"Certification"-means the certification,in the form attached as Exhibit C,in which the Public Entity
acknowledges that its interest in the Real Property is bond financed property within the meaning of Minn.
Stat. Sec. 16A.695 and is subject to certain restrictions imposed thereby.
"Code"-means the Internal Revenue Code of 1986,as amended,and all treasury regulations,revenue
procedures and revenue rulings issued pursuant thereto.
"Commissioner" -means the Commissioner of Minnesota Management& Budget.
"Commissioner's Order" - means the "Fourth Order Amending Order of the Commissioner of
Minnesota Management& Budget Relating to Use and Sale of State Bond Financed Property" dated July
30,2012,as it may be amended or supplemented.
"Completion Date" - means the projected date for completion of the Project as indicated in the
Agreement.
"Construction Contract Documents" - means the document or documents, in form and substance
acceptable to MnDOT, including but not limited to any construction plans and specifications and any
exhibits, amendments, change orders, modifications thereof or supplements thereto, which collectively
form the contract between the Public Entity and the Contractor(s) for the completion of the Construction
Items on or before the Completion Date for either a fixed price or a guaranteed maximum price.
"Construction Items"-means the work to be performed under the Construction Contract Documents.
"Contractor" - means any person engaged to work on or to furnish materials and supplies for the
Construction Items including,if applicable, a general contractor.
"Draw Requisition" - means a draw requisition that the Public Entity, or its designee, submits to
MnDOT when an Advance is requested, as referred to in Section 4.02.
Page 64 of 80
"G.O.Bonds"-means the state general obligation bonds issued under the authority granted in Article
XI, Sec. 5(a) of the Minnesota Constitution, the proceeds of which are used to fund the LRIP Grant, and
any bonds issued to refund or replace such bonds.
"Grant Application" -means the grant application that the Public Entity submitted to MnDOT which
is attached as Exhibit D.
"LRIP Grant" - means a grant from MnDOT to the Public Entity under the LRIP in the amount
specified in the Agreement,as such amount may be modified under the provisions hereof.
"LRIP"-means the Local Road Improvement Program pursuant to Minn. Stat. Sec. 174.52 and rules
relating thereto.
"MnDOT" -means the Minnesota Department of Transportation.
"Outstanding Balance of the LRIP Grant" - means the portion of the LRIP Grant that has been
disbursed to the Public Entity minus any amounts returned to the Commissioner.
"Project"-means the Project identified in the Agreement to be totally or partially funded with a LRIP
grant.
"Public Entity" - means the grantee of the LRIP Grant and identified as the Public Entity in the
Agreement.
"Real Property"-means the real property identified in the Agreement on which the Project is located.
Article II
GRANT
Section 2.01 Grant of Monies. MnDOT shall make the LRIP Grant to the Public Entity,and disburse
the proceeds in accordance with the terms and conditions herein.
Section 2.02 Public Ownership, The Public Entity acknowledges and agrees that the LRIP Grant is
being funded with the proceeds of G.O. Bonds, and as a result all of the Real Property must be owned by
one or more public entities. The Public Entity represents and warrants to MnDOT that it has one or more
of the following ownership interests in the Real Property: (i)fee simple ownership, (ii)an easement that is
for a term that extends beyond the date that is 37.5 years from the Agreement effective date,or such shorter
term as authorized by statute, and which cannot be modified or terminated early without the prior written
consent of MnDOT and the Commissioner; and/or (iii) a prescriptive easement for a term that extends
beyond the date that is 37.5 years from the Agreement effective date.
Section 2.03 Use of Grant Proceeds.The Public Entity shall use the LRIP Grant solely to reimburse
itself for expenditures it has already made,or will make,to pay the costs of one of the following applicable
activities: (i) preliminary, final construction and engineering and administration (ii) constructing or
reconstructing city streets, county highways, or town roads with statewide or regional significance that
have not been fully funded through other state, federal, or local funding sources; or (iii) capital
improvement projects on county state-aid highways that are intended primarily to reduce traffic crashes,
deaths,injuries,and property damage.The Public Entity shall not use the LRIP Grant for any other purpose,
including but not limited to, any work to be done on a state trunk highway or within a trunk highway
easement.
Page 65 of 80
Section 2.04 Operation of the Real Property. The Real Property must be used by the Public Entity
in conjunction with or for the operation of a county highway, county state-aid highway,town road,or city
street and for other uses customarily associated therewith, such as trails and utility corridors, and for no
other purposes or uses. The Public Entity shall have no intention on the effective date of the Agreement to
use the Real Property as a trunk highway or any part of a trunk highway. The Public Entity must annually
determine that the Real Property is being used for the purposes specified in this Section and,upon written
request by either MnDOT or the Commissioner, shall supply a notarized statement to that effect.
Section 2.05 Sale or Lease of Real Property. The Public Entity shall not(i)sell or transfer any part
of its ownership interest in the Real Property, or(ii) lease out or enter into any contract that would allow
another entity to use or operate the Real Property without the written consent of both MnDOT and the
Commissioner. The sale or transfer of any part of the Public Entity's ownership interest in the Real
Property,or any lease or contract that would allow another entity to use or operate the Real Property,must
comply with the requirements imposed by Minn. Stat. Sec. 16A.695 and the Commissioner's Order
regarding such sale or lease.
Section 2.06 Public Entity's Representations and Warranties. The Public Entity represents and
warrants to MnDOT that:
A. It has legal authority to execute,deliver and perform the Agreement and all documents referred
to therein,and it has taken all actions necessary to its execution and delivery of such documents.
B. It has the ability and a plan to fund the operation of the Real Property for the purposes specified
in Section 2.04, and will include in its annual budget all funds necessary for the operation of
the Real Property for such purposes.
C. The Agreement and all other documents referred to therein are the legal, valid and binding
obligations of the Public Entity enforceable against the Public Entity in accordance with their
respective terms.
D. It will comply with all of the provisions of Minn. Stat.Sec. 16A.695,the Commissioner's Order
and the LRIP. It has legal authority to use the G.O.Grant for the purpose or purposes described
in this Agreement.
E. All of the information it has submitted or will submit to MnDOT or the Commissioner relating
to the LRIP Grant or the disbursement of the LRIP Grant is and will be true and correct.
F. It is not in violation of any provisions of its charter or of the laws of the State of Minnesota,
and there are no actions or proceedings pending, or to its knowledge threatened, before any
judicial body or governmental authority against or affecting it relating to the Real Property,or
its ownership interest therein,and it is not in default with respect to any order,writ,injunction,
decree, or demand of any court or any governmental authority which would impair its ability
to enter into the Agreement or any document referred to herein, or to perform any of the acts
required of it in such documents.
G. Neither the execution and delivery of the Agreement or any document referred to herein nor
compliance with any of the provisions or requirements of any of such documents is prevented
by,is a breach of,or will result in a breach of, any provision of any agreement or document to
which it is now a party or by which it is bound.
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H. The contemplated use of the Real Property will not violate any applicable zoning or use statute,
ordinance, building code, rule or regulation, or any covenant or agreement of record relating
thereto.
L The Project will be completed and the Real Property will be operated in full compliance with
all applicable laws, rules, ordinances, and regulations of any federal, state, or local political
subdivision having jurisdiction over the Project and the Real Property.
J. All applicable licenses,permits and bonds required for the performance and completion of the
Project and for the operation of the Real Property as specified in Section 2.04 have been, or
will be,obtained.
K. It reasonably expects to possess its ownership interest in the Real Property described in Section
2.02 for at least 37.5 years,and it does not expect to sell such ownership interest.
L. It does not expect to lease out or enter into any contract that would allow another entity to use
or operate the Real Property.
M. It will supply whatever funds are needed in addition to the LRIP Grant to complete and fully
pay for the Project.
N. The Construction Items will be completed substantially in accordance with the Construction
Contract Documents by the Completion Date and all such items will be situated entirely on the
Real Property.
O. It will require the Contractor or Contractors to comply with all rules, regulations, ordinances,
and laws bearing on its performance under the Construction Contract Documents.
P. It shall furnish such satisfactory evidence regarding the representations and warranties
described herein as may be required and requested by either MnDOT or the Commissioner.
Q. It has made no material false statement or misstatement of fact in connection with its receipt of
the G.O. Grant, and all the information it has submitted or will submit to the State Entity or
Commissioner of MMB relating to the G.O.Grant or the disbursement of any of the G.O.Grant
is and will be true and correct.
Section 2.07 Event(s) of Default. The following events shall,unless waived in writing by MnDOT
and the Commissioner, constitute an Event of Default under the Agreement upon either MnDOT or the
Commissioner giving the Public Entity 30 days' written notice of such event and the Public Entity's failure
to cure such event during such 30-day time period for those Events of Default that can be cured within 30
days or within whatever time period is needed to cure those Events of Default that cannot be cured within
30 days as long as the Public Entity is using its best efforts to cure and is making reasonable progress in
curing such Events of Default; however, in no event shall the time period to cure any Event of Default
exceed six(6)months unless otherwise consented to,in writing,by MnDOT and the Commissioner.
A. If any representation, covenant, or warranty made by the Public Entity herein or in any other
document furnished pursuant to the Agreement, or to induce MnDOT to disburse the LRIP
Grant, shall prove to have been untrue or incorrect in any material respect or materially
misleading as of the time such representation,covenant,or warranty was made.
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B. If the Public Entity fails to fully comply with any provision, covenant, or warranty contained
herein.
C. If the Public Entity fails to fully comply with any provision, covenant or warranty contained
in Minn. Stat. Sec. 16A.695, the Commissioner's Order, or Minn. Stat. Sec. 174.52 and all
rules related thereto.
D. If the Public Entity fails to use the proceeds of the LRIP Grant for the purposes set forth in
Section 2.03,the Grant Application,and in accordance with the LRIP.
E. If the Public Entity fails to operate the Real Property for the purposes specified in Section 2.04.
F. If the Public Entity fails to complete the Project by the Completion Date.
G. If the Public Entity sells or transfers any portion of its ownership interest in the Real Property
without first obtaining the written consent of both MnDOT and the Commissioner.
H. If the Public Entity fails to provide any additional funds needed to fully pay for the Project.
L If the Public Entity fails to supply the funds needed to operate the Real Property in the manner
specified in Section 2.04.
Notwithstanding the foregoing,any of the above events that cannot be cured shall,unless waived in writing
by MnDOT and the Commissioner,constitute an Event of Default under the Agreement immediately upon
either MnDOT or the Commissioner giving the Public Entity written notice of such event.
Section 2.08 Remedies. Upon the occurrence of an Event of Default and at any time thereafter until
such Event of Default is cured to the satisfaction of MnDOT, MnDOT or the Commissioner may enforce
any or all of the following remedies.
A. MnDOT may refrain from disbursing the LRIP Grant;provided,however,MnDOT may make
such disbursements after the occurrence of an Event of Default without waiving its rights and
remedies hereunder.
B. If the Event of Default involves a sale of the Public Entity's interest in the Real Property in
violation of Minn. Stat. Sec. 16A.695 or the Commissioner's Order, the Commissioner, as a
third party beneficiary of the Agreement, may require that the Public Entity pay the amounts
that would have been paid if there had been compliance with such provisions. For other Events
of Default,the Commissioner may require that the Outstanding Balance of the LRIP Grant be
returned to it.
C. Either MnDOT or the Commissioner, as a third party beneficiary of the Agreement, may
enforce any additional remedies it may have in law or equity.
The rights and remedies specified herein are cumulative and not exclusive of any rights or remedies that
MnDOT or the Commissioner would otherwise possess.
If the Public Entity does not repay the amounts required to be paid under this Section or under any other
provision contained herein within 30 days of demand by the Commissioner, or any amount ordered by a
court of competent jurisdiction within 30 days of entry of judgment against the Public Entity and in favor
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of MnDOT and/or the Commissioner, then such amount may, unless precluded by law, be offset against
any aids or other monies that the Public Entity is entitled to receive from the State of Minnesota.
Section 2.09 Notification of Event of Default. The Public Entity shall furnish to MnDOT and the
Commissioner, as soon as possible and in any event within seven(7) days after it has obtained knowledge
of the occurrence of each Event of Default, a statement setting forth details of each Event of Default and
the action which the Public Entity proposes to take with respect thereto.
Section 2.10 Effect of Event of Default. The Agreement shall survive Events of Default and remain
in full force and effect,even upon full disbursement of the LRIP Grant, and shall only be terminated under
the circumstances set forth in Section 2.11.
Section 2.11 Termination of Agreement and Modification of LRIP Grant.
A. If the Project is not started within five (5)years after the effective date of the Agreement or the
LRIP Grant has not been disbursed within four(4)years after the date the Project was started,MnDOT' s
obligation to fund the LRIP Grant shall terminate. In such event, (i) if none of the LRIP Grant has been
disbursed by such date,MnDOT shall have no obligation to fund the LRIP Grant and the Agreement will
terminate, and (ii) if some but not all of the LRIP Grant has been disbursed by such date, MnDOT shall
have no further obligation to provide any additional funding for the LRIP Grant and the Agreement shall
remain in force but shall be modified to reflect the amount of the LRIP Grant that was actually disbursed
and the Public Entity is still obligated to complete the Project by the Completion Date.
B. The Agreement shall terminate upon the Public Entity's sale of its interest in the Real Property
and transmittal of the required portion of the proceeds of the sale to the Commissioner in compliance with
Minn. Stat. Sec. 16A.695 and the Commissioner's Order, or upon the termination of the Public Entity's
ownership interest in the Real Property if such ownership interest is an easement.
Section 2.12 Excess Funds. If the full amount of the G.O. Grant and any matching funds referred to
in Section 5.13 are not needed to complete the Project, then, unless language in the G.O. Bonding
Legislation indicates otherwise,the G.O. Grant shall be reduced by the amount not needed.
Article III
COMPLIANCE WITH MINNESOTA STATUTE, SEC. 16A.695
AND THE COMMISSIONER'S ORDER
Section 3.01 State Bond Financed Property. The Public Entity acknowledges that its interest in
the Real Property is,or when acquired by it will be,"state bond financed property", as such term is used in
Minn. Stat. Sec. 16A.695 and the Commissioner's Order and, therefore, the provisions contained in such
statute and order apply, or will apply,to its interest in the Real Property,even if the LRIP Grant will only
pay for a portion of the Project.
Section 3.02 Preservation of Tax Exempt Status. In order to preserve the tax-exempt status of the
G.O. Bonds,the Public Entity agrees as follows:
A. It will not use the Real Property or use or invest the LRIP Grant or any other sums treated as
"bond proceeds" under Section 148 of the Code (including "investment proceeds," "invested
sinking funds"and"replacement proceeds")in such a manner as to cause the G.O.Bonds to be
classified as"arbitrage bonds"under Code Section 148.
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B. It will deposit and hold the LRIP Grant in a segregated non-interest-bearing account until such
funds are used for payments for the Project.
C. It will,upon written request,provide the Commissioner all information required to satisfy the
informational requirements set forth in the Code,including Sections 103 and 148,with respect
to the G.O. Bonds.
D. It will, upon the occurrence of any act or omission by the Public Entity that could cause the
interest on the G.O. Bonds to no longer be tax exempt and upon direction from the
Commissioner,take such actions and furnish such documents as the Commissioner determines
to be necessary to ensure that the interest to be paid on the G.O. Bonds is exempt from federal
taxation,which such action may include: (i)compliance with proceedings intended to classify
the G.O. Bonds as a "qualified bond" within the meaning of Code Section 141(e), or (ii)
changing the nature of the use of the Real Property so that none of the net proceeds of the G.O.
Bonds will be deemed to be used, directly or indirectly, in an"unrelated trade or business" or
for any"private business use"within the meaning of Code Sections 141(b) and 145(a).
E. It will not otherwise use any of the LRIP Grant or take,permit or cause to be taken,or omit to
take,any action that would adversely affect the exemption from federal income taxation of the
interest on the G.O. Bonds, and if it should take, permit or cause to be taken, or omit to take,
as appropriate,any such action,it shall take all lawful actions necessary to correct such actions
or omissions promptly upon obtaining knowledge thereof.
Section 3.03 Changes to G.O. Compliance Legislation or the Commissioner's Order. If Minn.
Stat. Sec. 16A.695 or the Commissioner's Order is amended in a manner that reduces any requirement
imposed against the Public Entity,or if the Public Entity's interest in the Real Property becomes exempted
from Minn. Stat. Sec. 16A.695 and the Commissioner's Order, then upon written request by the Public
Entity,MnDOT shall execute an amendment to the Agreement to implement such amendment or exempt
the Public Entity's interest in the Real Property from Minn. Stat. Sec. 16A.695 and the Commissioner's
Order.
Article IV
DISBURSEMENT OF GRANT PROCEEDS
Section 4.01 The Advances. MnDOT agrees, on the terms and subject to the conditions set forth
herein, to make Advances of the LRIP Grant to the Public Entity from time to time in an aggregate total
amount not to exceed the amount of the LRIP Grant. If the amount of LRIP Grant that MnDOT
cumulatively disburses hereunder to the Public Entity is less than the amount of the LRIP Grant delineated
in Section 1.01, then MnDOT and the Public Entity shall enter into and execute whatever documents
MnDOT may request in order to amend or modify this Agreement to reduce the amount of the LRIP Grant
to the amount actually disbursed. Provided, however, in accordance with the provisions contained in
Section 2.11,MnDOT's obligation to make Advances shall terminate as of the dates specified in Section
2.11 even if the entire LRIP Grant has not been disbursed by such dates.
Advances shall only be for expenses that(i)are for those items of a capital nature delineated in Source
and Use of Funds that is attached as Exhibit A, (ii) accrued no earlier than the effective date of the
legislation that appropriated the funds that are used to fund the LRIP Grant, or (iii) have otherwise been
consented to,in writing,by the Commissioner.
It is the intent of the parties hereto that the rate of disbursement of the Advances shall not exceed the rate
of completion of the Project or the rate of disbursement of the matching funds required,if any,under Section
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5.13. Therefore,the cumulative amount of all Advances disbursed by the State Entity at any point in time
shall not exceed the portion of the Project that has been completed and the percentage of the matching funds
required,if any,under Section 5.13 that have been disbursed as of such point in time. This requirement is
expressed by way of the following two formulas:
Formula#1:
Cumulative Advances < (Program Grant) X (percentage of matching funds, if any, required under
Section 5.13 that have been disbursed)
Formula#2:
Cumulative Advances<(Program Grant) X (percentage of Project completed)
Section 4.02 Draw Requisitions. Whenever the Public Entity desires a disbursement of a portion
of the LRIP Grant the Public Entity shall submit to MnDOT a Draw Requisition duly executed on behalf
of the Public Entity or its designee. Each Draw Requisition with respect to construction items shall be
limited to amounts equal to: (i) the total value of the classes of the work by percentage of completion as
approved by the Public Entity and MnDOT,plus(ii)the value of materials and equipment not incorporated
in the Project but delivered and suitably stored on or off the Real Property in a manner acceptable to
MnDOT,less(iii) any applicable retainage, and less(iv) all prior Advances.
Notwithstanding anything herein to the contrary,no Advances for materials stored on or off the Real
Property will be made by MnDOT unless the Public Entity shall advise MnDOT,in writing,of its intention
to so store materials prior to their delivery and MnDOT has not objected thereto.
At the time of submission of each Draw Requisition,other than the final Draw Requisition,the Public
Entity shall submit to MnDOT such supporting evidence as may be requested by MnDOT to substantiate
all payments which are to be made out of the relevant Draw Requisition or to substantiate all payments
then made with respect to the Project.
The final Draw Requisition shall not be submitted before completion of the Project, including any
correction of material defects in workmanship or materials(other than the completion of punch list items).
At the time of submission of the final Draw Requisition the Public Entity shall submit to MnDOT: (I)such
supporting evidence as may be requested by MnDOT to substantiate all payments which are to be made
out of the final Draw Requisition or to substantiate all payments then made with respect to the Project, and
(ii) satisfactory evidence that all work requiring inspection by municipal or other governmental authorities
having jurisdiction has been duly inspected and approved by such authorities and that all requisite
certificates and other approvals have been issued.
If on the date an Advance is desired the Public Entity has complied with all requirements of this
Agreement and MnDOT approves the relevant Draw Requisition,then MnDOT shall disburse the amount
of the requested Advance to the Public Entity.
Section 4.03 Additional Funds. If MnDOT shall at any time in good faith determine that the sum
of the undisbursed amount of the LRIP Grant plus the amount of all other funds committed to the Project
is less than the amount required to pay all costs and expenses of any kind which reasonably may be
anticipated in connection with the Project, then MnDOT may send written notice thereof to the Public
Entity specifying the amount which must be supplied in order to provide sufficient funds to complete the
Project. The Public Entity agrees that it will,within 10 calendar days of receipt of any such notice,supply
or have some other entity supply the amount of funds specified in MnDOT's notice.
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Section 4.04 Condition Precedent to Any Advance. The obligation of MnDOT to make any
Advance hereunder(including the initial Advance) shall be subject to the following conditions precedent:
A. MnDOT shall have received a Draw Requisition for such Advance specifying the amount of
funds being requested, which such amount when added to all prior requests for an Advance
shall not exceed the amount of the LRIP Grant set forth in Section 1.01.
B. No Event of Default under this Agreement or event which would constitute an Event of Default
but for the requirement that notice be given or that a period of grace or time elapse shall have
occurred and be continuing.
C. No determination shall have been made by MnDOT that the amount of funds committed to the
Project is less than the amount required to pay all costs and expenses of any kind that may
reasonably be anticipated in connection with the Project, or if such a determination has been
made and notice thereof sent to the Public Entity under Section 4.03,then the Public Entity has
supplied, or has caused some other entity to supply, the necessary funds in accordance with
such section or has provided evidence acceptable to MnDOT that sufficient funds are available.
D. The State Entity shall have received evidence, in form and substance acceptable to the State
Entity, that the Public Entity has sufficient funds to fully and completely pay for the Project
and all other expenses that may occur in conjunction therewith.
E. The Public Entity has supplied to the State Entity all other items that the State Entity may
reasonably require
Section 4.05 Processing and Disbursement of Advances. The Public Entity acknowledges and
agrees as follows:
A. Advances are not made prior to completion of work performed on the Project.
B. All Advances are processed on a reimbursement basis.
C. The Public Entity must first document expenditures to obtain an Advance.
D. Reimbursement requests are made on a partial payment basis or when the Project is completed.
E. All payments are made following the"Delegated Contract Process or State Aid Payment Request"
as requested and approved by the appropriate district state aid engineer.
Section 4.06 Construction Inspections. The Public Entity shall be responsible for making its own
inspections and observations regarding the completion of the Project, and shall determine to its own
satisfaction that all work done or materials supplied have been properly done or supplied in accordance
with all contracts that the Public Entity has entered into regarding the completion of the Project.
Article V
MISCELLANEOUS
Section 5.01 Insurance. If the Public Entity elects to maintain general comprehensive liability
insurance regarding the Real Property, then the Public Entity shall have MnDOT named as an additional
named insured therein.
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Section 5.02 Condemnation. If, after the Public Entity has acquired the ownership interest set forth
in Section 2.02,all or any portion of the Real Property is condemned to an extent that the Public Entity can
no longer comply with Section 2.04, then the Public Entity shall, at its sole option, either: (i) use the
condemnation proceeds to acquire an interest in additional real property needed for the Public Entity to
continue to comply with Section 2.04 and to provide whatever additional funds that may be needed for such
purposes,or(ii)submit a request to MnDOT and the Commissioner to allow it to sell the remaining portion
of its interest in the Real Property. Any condemnation proceeds which are not used to acquire an interest
in additional real property shall be applied in accordance with Minn. Stat. Sec. 16A.695 and the
Commissioner's Order as if the Public Entity's interest in the Real Property had been sold. If the Public
Entity elects to sell its interest in the portion of the Real Property that remains after the condemnation,such
sale must occur within a reasonable time period after the date the condemnation occurred and the cumulative
sum of the condemnation and sale proceeds applied in accordance with Minn. Stat. Sec. 16A.695 and the
Commissioner's Order.
If MnDOT receives any condemnation proceeds referred to herein, MnDOT agrees to or pay over to the
Public Entity all of such condemnation proceeds so that the Public Entity can comply with the requirements
of this Section.
Section 5.03 Use, Maintenance, Repair and Alterations. The Public Entity shall not,without the
written consent of MnDOT and the Commissioner, (i)permit or allow the use of any of the Real Property
for any purpose other than the purposes specified in Section 2.04, (ii) substantially alter any of the Real
Property except such alterations as may be required by laws, ordinances or regulations, or such other
alterations as may improve the Real Property by increasing its value or which improve its ability to be used
for the purposes set forth in Section 2.04,(iii)take any action which would unduly impair or depreciate the
value of the Real Property, (iv) abandon the Real Property, or(v) commit or permit any act to be done in
or on the Real Property in violation of any law,ordinance or regulation.
If the Public Entity fails to maintain the Real Property in accordance with this Section, MnDOT may
perform whatever acts and expend whatever funds necessary to so maintain the Real Property, and the
Public Entity irrevocably authorizes MnDOT to enter upon the Real Property to perform such acts as may
be necessary to so maintain the Real Property. Any actions taken or funds expended by MnDOT shall be
at its sole discretion, and nothing contained herein shall require MnDOT to take any action or incur any
expense and MnDOT shall not be responsible,or liable to the Public Entity or any other entity,for any such
acts that are performed in good faith and not in a negligent manner. Any funds expended by MnDOT
pursuant to this Section shall be due and payable on demand by MnDOT and will bear interest from the
date of payment by MnDOT at a rate equal to the lesser of the maximum interest rate allowed by law or
18%per year based upon a 365-day year.
Section 5.04 Recordkeeping and Reporting. The Public Entity shall maintain books and records
pertaining to Project costs and expenses needed to comply with the requirements contained herein,Minn.
Stat. Sec. 16A.695, the Commissioner's Order, and Minn. Stat. Sec. 174.52 and all rules related thereto,
and upon request shall allow MnDOT, its auditors, the Legislative Auditor for the State of Minnesota, or
the State Auditor for the State of Minnesota,to inspect,audit,copy,or abstract all of such items. The Public
Entity shall use generally accepted accounting principles in the maintenance of such items, and shall retain
all of such books and records for a period of six years after the date that the Project is fully completed and
placed into operation.
Section 5.05 Inspections by MnDOT. The Public Entity shall allow MnDOT to inspect the Real
Property upon reasonable request by MnDOT and without interfering with the normal use of the Real
Property.
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Section 5.06 Liability. The Public Entity and MnDOT agree that each will be responsible for its own
acts and the results thereof to the extent authorized by law, and neither shall be responsible for the acts of
the other party and the results thereof. The liability of MnDOT and the Commissioner is governed by the
provisions of Minn. Stat. Sec. 3.736. If the Public Entity is a"municipality" as that term is used in Minn.
Stat. Chapter 466,then the liability of the Public Entity is governed by the provisions of Chapter 466. The
Public Entity's liability hereunder shall not be limited to the extent of insurance carried by or provided by
the Public Entity,or subject to any exclusion from coverage in any insurance policy.
Section 5.07 Relationship of the Parties. Nothing contained in the Agreement is to be construed as
establishing a relationship of co-partners or joint venture among the Public Entity, MnDOT, or the
Commissioner, nor shall the Public Entity be considered to be an agent, representative, or employee of
MnDOT,the Commissioner,or the State of Minnesota in the performance of the Agreement or the Project.
No employee of the Public Entity or other person engaging in the performance of the Agreement or the
Project shall be deemed have any contractual relationship with MnDOT,the Commissioner,or the State of
Minnesota and shall not be considered an employee of any of those entities. Any claims that may arise on
behalf of said employees or other persons out of employment or alleged employment, including claims
under the Workers' Compensation Act of the State of Minnesota,claims of discrimination against the Public
Entity or its officers, agents, contractors, or employees shall in no way be the responsibility of MnDOT,
the Commissioner, or the State of Minnesota. Such employees or other persons shall not require nor be
entitled to any compensation,rights or benefits of any kind whatsoever from MnDOT,the Commissioner,
or the State of Minnesota, including tenure rights, medical and hospital care, sick and vacation leave,
disability benefits, severance pay and retirement benefits.
Section 5.08 Notices. In addition to any notice required under applicable law to be given in another
manner, any notices required hereunder must be in writing and personally served or sent by prepaid,
registered,or certified mail(return receipt requested),to the address of the party specified below or to such
different address as may in the future be specified by a party by written notice to the others:
To the Public Entity: At the address indicated on the first page of the Agreement.
To MnDOT at: Minnesota Department of Transportation
Office of State Aid
395 John Ireland Blvd.,MS 500
Saint Paul,MN 55155
Attention: Marc Briese, State Aid Programs Engineer
To the Commissioner at: Minnesota Management&Budget
400 Centennial Office Bldg.
658 Cedar St.
St.Paul,MN 55155
Attention: Commissioner
Section 5.09 Assignment or Modification. Neither the Public Entity nor MnDOT may assign any
of its rights or obligations under the Agreement without the prior written consent of the other party.
Section 5.10 Waiver. Neither the failure by the Public Entity,MnDOT, or the Commissioner, as a
third party beneficiary of the Agreement, in one or more instances to insist upon the complete observance
or performance of any provision hereof,nor the failure of the Public Entity,MnDOT,or the Commissioner
to exercise any right or remedy conferred hereunder or afforded by law shall be construed as waiving any
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breach of such provision or the right to exercise such right or remedy thereafter. In addition, no delay by
any of the Public Entity, MnDOT, or the Commissioner in exercising any right or remedy hereunder shall
operate as a waiver thereof,nor shall any single or partial exercise of any right or remedy preclude other or
further exercise thereof or the exercise of any other right or remedy.
Section 5.11 Choice of Law and Venue. All matters relating to the validity, interpretation,
performance,or enforcement of the Agreement shall be determined in accordance with the laws of the State
of Minnesota. All legal actions arising from any provision of the Agreement shall be initiated and venued
in the State of Minnesota District Court located in St. Paul,Minnesota.
Section 5.12 Severability. If any provision of the Agreement is finally judged by any court to be
invalid, then the remaining provisions shall remain in full force and effect and they shall be interpreted,
performed,and enforced as if the invalid provision did not appear herein.
Section 5.13 Matching Funds. Any matching funds as shown on Page I of the Grant Agreement
that are required to be obtained and supplied by the Public Entity must either be in the form of(i) cash
monies, (ii) legally binding commitments for money, or (iii) equivalent funds or contributions, including
equity,which have been or will be used to pay for the Project. The Public Entity shall supply to MnDOT
whatever documentation MnDOT may request to substantiate the availability and source of any matching
funds.
Section 5.14 Sources and Uses of Funds. The Public Entity represents to MnDOT and the
Commissioner that the Sources and Uses of Funds Schedule attached as Exhibit A accurately shows the
total cost of the Project and all of the funds that are available for the completion of the Project. The Public
Entity will supply any other information and documentation that MnDOT or the Commissioner may request
to support or explain any of the information contained in the Sources and Uses of Funds Schedule. If any
of the funds shown in the Sources and Uses of Funds Schedule have conditions precedent to the release of
such funds,the Public Entity must provide to MnDOT a detailed description of such conditions and what
is being done to satisfy such conditions.
Section 5.15 Project Completion Schedule. The Public Entity represents to MnDOT and the
Commissioner that the Project Completion Schedule attached as Exhibit B correctly and accurately sets
forth the projected schedule for the completion of the Project.
Section 5.16 Third-Party Beneficiary. The Governmental Program will benefit the State of
Minnesota and the provisions and requirements contained herein are for the benefit of both the State Entity
and the State of Minnesota. Therefore,the State of Minnesota,by and through its Commissioner of MMB,
is and shall be a third-parry beneficiary of this Agreement.
Section 5.17 Public Entity Tasks. Any tasks that the Agreement imposes upon the Public Entity
may be performed by such other entity as the Public Entity may select or designate,provided that the failure
of such other entity to perform said tasks shall be deemed to be a failure to perform by the Public Entity.
Section 5.18 Data Practices. The Public Entity agrees with respect to any data that it possesses
regarding the G.O. Grant or the Project to comply with all of the provisions and restrictions contained in
the Minnesota Government Data Practices Act contained in Minnesota Statutes Chapter 13, as such may
subsequently be amended or replaced from time to time.
Section 5.19 Non-Discrimination. The Public Entity agrees to not engage in discriminatory
employment practices regarding the Project and it shall fully comply with all of the provisions contained in
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Minnesota Statutes Chapters 363A and 181, as such may subsequently be amended or replaced from time
to time.
Section 5.20 Worker's Compensation.The Public Entity agrees to comply with all of the provisions
relating to worker's compensation contained in Minn. Stat. Secs. 176.181 subd.2 and 176.182,as they may
be amended or replaced from time to time with respect to the Project.
Section 5.21 Antitrust Claims.The Public Entity hereby assigns to MnDOT and the Commissioner
of MMB all claims it may have for over charges as to goods or services provided with respect to the Project
that arise under the antitrust laws of the State of Minnesota or of the United States of America.
Section 5.22 Prevailing Wages. The Public Entity agrees to comply with all of the applicable
provisions contained in Minnesota Statutes Chapter 177, and specifically those provisions contained in
Minn. Stat.§. 177.41 through 177.435 as they may be amended or replaced from time to time with respect
to the Project. By agreeing to this provision,the Public Entity is not acknowledging or agreeing that the
cited provisions apply to the Project.
Section 5.23 Entire Agreement.The Agreement and all of the exhibits attached thereto embody the
entire agreement between the Public Entity and MnDOT, and there are no other agreements,either oral or
written,between the Public Entity and MnDOT on the subject matter hereof.
Section 5.24 E-Verification. The Public Entity agrees and acknowledges that it is aware of
Minn.Stat. § 16C.075 regarding e-verification of employment of all newly hired employees to confirm that
such employees are legally entitled to work in the United States, and that it will, if and when applicable,
fully comply with such order.
Section 5.25 Telecommunications Certification. If federal funds are included in Exhibit A, by
signing this agreement, Contractor certifies that, consistent with Section 889 of the John S. McCain
National Defense Authorization Act for Fiscal Year 2019, Pub. L. 115-232 (Aug. 13, 2018), and 2 CFR
200.216, Contractor will not use funding covered by this agreement to procure or obtain, or to extend,
renew,or enter into any contract to procure or obtain,any equipment,system,or service that uses"covered
telecommunications equipment or services" (as that term is defined in Section 889 of the Act) as a
substantial or essential component of any system or as critical technology as part of any system. Contractor
will include this certification as a flow down clause in any contract related to this agreement.
Section 5.26 Title VI/Non-discrimination Assurances. Public Entity agrees to comply with all
applicable US DOT Standard Title VI/Non-Discrimination Assurances contained in DOT Order No.
1050.2A, and in particular Appendices A and E, which can be found at: https://edocs-
public.dot.state.mn.us/edocs public/DMResultSet/download?docld=11149035. Public Entity will ensure
the appendices and solicitation language within the assurances are inserted into contracts as required.
MnDOT may conduct a review of the Public Entity's compliance with this provision. The Public Entity
must cooperate with MnDOT throughout the review process by supplying all requested information and
documentation to MnDOT, making Public Entity staff and officials available for meetings as requested,
and correcting any areas of non-compliance as determined by MnDOT.
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Oak Park Heights
Request for Council Action
Meeting Date January 11t' 2022
Time Required: 5 Minutes
Agenda Item Title: Schedule Team Building—Aimee Gourlay - LMC
Agenda Placement New Business
Originating Department/Requestor: Eric Johnson, City Administrator
Requester's Signature
Action Requested: See Below
Background/Justification (Please indicate if any previous action has been taken or if other public
bodies have advised):
Discuss the scheduling of a meeting date and Time with Ms. Aimee Gourlay—LMC related to
Council teambuilding matter.
Draft Agenda attached.
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Oak Park Heights Draft Plan and Agenda
TBD
Half Day
PLANNING for TRAINING (SUMMARY OF PREPARATION STEPS)
• Discussions with City Administrator, Mayor, council members on 11/23/2021
• Sending Agenda to all Council members for feedback (only council members attend the
meeting)
• Schedule meeting date
• Survey council members' ranking of how well they are doing in four areas (see Topics below—
send survey two weeks before meeting). Results will be presented during training—no names
attached.
INFORMATION PRESENTED
• LMC Legal Research Participation
o Goals is for all council members hear the same information from League research staff
at the same time
o Note that this is high-level information, key points, answering questions, rather than
covering all the nuances of the laws
o Topics
■ Effective and Efficient Communication (mode of communication, agenda setting,
requesting information, emailing, OML)
■ Roles & Responsibilities (work direction, council vs individual members'
interactions with outside peopl%rgs)
■ Collaboration (How well do you work together to meet the needs of the City and
the people who live and work in it?); and,
■ Accountability (What happens if we don't follow protocols?Increased risk to
City/individual responses)
• LMCIT Collaboration Services Discussion
o Facilitated dialogue about whether the council is meeting best practices and what, if
anything, to do differently for each of the four topics above.
■ Report survey feedback
■ Questions/reaction to what you heard
■ Discuss areas for clarification or changes
■ Next steps (note that it may take more time to finalize, include other people
etc.)
DESIRED OUTCOMES
• Develop common understanding and consistently follow policies
• Efficient and effective use of time
• Best possible service to the community
• Finalize decisions, consistency
• Hold each other accountable
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PRE-MEETING SURVEY FOR COUNCIL
1. COMMUNICATION
1a. On a scale of 1—5,with "1" being "poor" and "5" being "great", rank how well you communicate
with each other on City business.
1b. Explain factors you considered in your response to question 1a above.
2. ROLES AND RESPONSIBILITIES
2a. On a scale of 1—5,with "1" being"poor" and "5" being "great", rank how well you adhere to your
roles and responsibilities.
2b. Explain factors you considered in your response to question 2a above.
3. COLLABORATION
3a. On a scale of 1—5,with "1" being "poor" and "5" being "great", rank how well you work together to
meet the needs of the City and the people who live and work in it. Note that the goal is to work
together to move the City forward rather than to agree on everything.
3b. Explain factors you considered in your response to question 3a above.
4. ACCOUNTABILITY
4 a. On a scale of 1—5,with "1" being"poor" and "5" being "great", rank how well you hold each other
accountable for effective communication, adhering to roles and responsibilities, and teamwork.
4b. Explain factors you considered in your response to question 4a above.
DRAFT AGENDA—DATE TBD
0:00 Welcome (Mayor?), overview, goals, meeting protocols and outcomes(Aimee)
0:05 Introductions, hopes for the time together(Participants)
0:15 Presentation/Discussion on Topic 1 (depends on survey responses where you start)
0:30 Dialogue on Topic 1
■ Questions/reaction to what you heard
■ Report survey feedback
■ Discuss areas for clarification or changes
■ Next steps
0:55 STRETCH
1:00 Presentation/Discussion on Topic 2
1:15 Dialogue on Topic 2
■ Questions/reaction to what you heard
■ Report survey feedback
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■ Discuss areas for clarification or changes
■ Next steps
1:45 BREAK
2:00 Presentation on collaboration, including Thomas Kilmann (Topic#3)
2:15 Dialogue Collaboration
■ Questions/reaction to what you heard
■ Report survey feedback
■ Discuss areas for clarification or changes
■ Next steps
2:55 STRETCH
3:00 Presentation on Topic 4-Accountability
3:15 Dialogue on Topic 4
■ Questions/reaction to what you heard
■ Report survey feedback
■ Discuss areas for clarification or changes
■ Next steps
3:45 Wrap up and final comments
4:00 Close
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