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HomeMy WebLinkAbout01-23-06 Council PacketCITY OF OAK PARK HEIGHTS TUESDAY, JANUARY 23, 2006 CITY COUNCIL MEETING AGENDA 7:00 P.M. 7:00 p.m. L Call to Order/Pledge of Allegiance/Approval of Agenda Estimated times 7:05 p.m. Il. Department/Council Liaison Reports A. Planning Commission B. Parks Commission C. Cable Commission D. Water Management Organizations E. Lower St. Croix River Advisory Committee F. Other Liaison/Staff reports 7:10 p.m. III. Visitors/Public Comment Recycling Award (1) 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.) 7:10 p.m. IV. Consent A eg_nda (Roll Call Vote) A. Approve Bills & Investments B. Approval of City Council Minutes — January 9, 2007 (2) C. Adopt Resolution Accepting $250 Donation from First State Bank & Trust to the Police Department (3) D. Award Winter Tree Pruning Contract (4) E. Affirm Winter Parking Ban (5) F. Approve Pay Request #5 — DNR Construction (6) 7:15 p.m. V. Public Hearings None 7:15 p.m. VI. Old Business A. Planning for City Hall's Future (7) B. Department of Revenue — Valuation Information Received (8) 7:30 p.m. VII. New Business A. Xcel Energy Franchise Agreement (9) B. Visual Quality Manual — STH 36/St. Croix River Crossing Project (10) C. Approve Salary Adjustment for Exempt Employees (11) D. City Code of Ordinances — Update CC 102 Master Fee Schedule (12) 7:45 p.m. VIII. Adjournment 1 of 63 Oak Park Heights Request for Council Action Meeting Date: January 23, 2007 Agenda Item Title: Recycling Award Time: 0 min. Agenda Placement Visitors/Public Comment Originating Department/Requestor Administration/Julie Johnson Requester's Signature ';" JO (I Action Requested ve information Background/Justification (Please indicate if any previous action has been taken or if other public bodies have advised) 2 of 63 CITY OF OAK PARK HEIGHTS 14168 Oak Park Boulevard No. • P.O. Box 2007 . Oak Park Heights, MN 55082-2007 • Phone: 651/439-4439 • Fax: 651/439-0574 January 19, 2007 Leslie Strowbridge 1511262 nd Street North Oak Park Heights, Minnesota 55082 Dear Ms. Strowbridge: Thank you for participating in the City's recycling program. As an incentive to recycle and to increase fire prevention awareness, the City rewards two residents each month with their choice of an award of $25.00 or a fire extinguisher and/or smoke detector(s). Your residence was checked on Thursday, January 18, 2007 to determine if you had your recycling bin out with your regular garbage. Your recycling was out and ready for pick-up; therefore, you are one of this month's winners. Please contact me at 439-4439 at your convenience to arrange for delivery of the reward of your choice. On behalf of the Oak Park Heights City Council, thank you for participating in the City's recycling program. Sincerely, Jie R. Jo l4s, on Administrative Secretary/Deputy Clerk Tree City U.S.A. Oak Park Heights Request for Council Action Meeting Date January 23, 2 Agenda Item Title: Approve City Council Meeting Minutes — January 9 2007 Time: 0 min. Agenda Placement Consent Originating Department/Requestor Administration/Julie Johnson Requester's Signature Action Requested Approve Background/Justification (Please indicate if any previous action has been taken or if other public bodies have advised) 4of63 CITY OF OAK PARK HEIGHTS 7:00 P.M. TUESDAY, JANUARY 9, 2007 CITY COUNCIL MEETING MINUTES Call to Order/Pledge of Allegiance/Approval of Agenda: The meeting was called to order at 7:00 p.m. by Mayor Beaudet. Present: Councilmembers Abrahamson, Doerr, McComber and Swenson. Staff present: Administrator Johnson, Police Chief Swanson, Finance Director Holst, City Attorney Vierling and City Engineer Postler. Absent: None. Judge Albertson conducted the swearing in ceremony for Les Abrahamson and Mark Swenson who were reelected to serve as City Council Members. "Police Department Squad Car Computers" and "Fund Balances" were added under Old Business. "Highway 36" was added under New Business. Councilmember Swenson, seconded by Councilmember McComber, moved to approve the Agenda as amended. Carried 5 — 0. Brenda from Walmart presented the City with two donations: $1,500 to be used in the City's parks and two tennis rackets to be raffled at Party in the Park. IL Department/Council Liaison Reports: A. Planning Commission: Councilmember Doerr stated that the next meeting is scheduled for January 11 `" with no new applications on the agenda. B. Parks Commission: Councilmember Abrahamson reported that the Parks Commission did not hold a meeting in December. A survey requesting input on Swager Park has been sent out to residents. C. Cable Commission: Councilmember Doerr reported that the Cable Commission is waiting for information on new rules from the FCC. D. Water Management Organizations/Middle St. Croix: Mayor Beaudet reported that the Middle St. Croix will meet on January 11 t" at 7:00 p.m. at the Conservation District office. E. Other Liaison/Staff Reports: None. III. Visitors/Public Comment: Recycling Award. Administrative Secretary Johnson reported that Orville Pung of 14499 57"' Street North was chosen to receive the recycling award. 5of63 City Council Meeting Minutes January 9, 2007 Page 2 of 4 A brief discussion was held concerning the contract between Washington County and the waste facility in Newport, Minnesota. IV. Consent Agenda: A. Approval of Bills & Investments B. Approval of City Council Minutes — December 28, 2006 C. Adopt Resolution Designating 2007 Checking and Bank Depositories D. Approve Investment Policy E. Adopt Resolutions Designating the Courier News and Stillwater Gazette as the City of Oak Park Heights' Official Newspapers F. Adopt Resolution Approving Professional Consultants for the City of Oak Park Heights in 2007 G. Approve 2007 Wine and On -Sale Non -Intoxicating Liquor Licenses for Ming Sun Chu dba Stone Lake Restaurant Councilmember Doerr pulled item B for discussion. Councilmember McComber, seconded by Councilmember Abrahamson, moved to approve the Consent Agenda minus item B. Roll call vote taken. Carried 5 — 0. Councilmember Abrahamson, seconded by Councilmember Swenson, moved to approve the December 28, 2006 City Council Meeting minutes. Carried 4 — 0 — 1, Councilmember Doerr abstained. V. Public Hearings: None VI. Old Business: A. Police Department Squad Car Computers Discussion was held during the worksession preceding the Council meeting concerning a request from the Police Chief for the allocation of funds for the purchase of upgraded computer equipment for the City's squad cars. Councilmember Abrahamson, seconded by Councilmember McComber, moved to approve the allocation of $20,000 from unbudgeted 2006 budget carryover funds for purchase of police squad car computers. Carried 5 — 0. B. Fund Balances 6of63 City Council Meeting Minutes January 9, 2007 Page 3 of 4 Mayor Beaudet, seconded by Councilmember Doerr, moved to allocate the remaining 2006 fund balance to the municipal building fund. Carried 5-0. Councilmember Swenson, seconded by Councilmember McComber, moved to allocate up to $6,000 from the budgeted projects fund for City Hall kitchen improvements with Councilmembers providing volunteer labor. Carried 5 — 0. VII. New Business. A. Resolution Accepting a Donation from Walmart Councilmember McComber, seconded by Councilmember Doerr, moved to adopt the Resolution accepting a donation from Walmart. Roll call vote taken. Carried 5 — 0. B. Approve Appointments for 2007 Mayor Beaudet, seconded by Councilmember Doerr, moved to consider the Resolution approving appointments for 2007. Mayor Beaudet, seconded by Councilmember Abrahamson, moved amend the primary motion to add Mark Swenson as Deputy Civil Defense Director. Carried 5 — 0. Councilmember McComber, seconded by Councilmember Doerr, moved to amend the primary motion to add Mary McComber as the first alternate to the Coalition of Utility Cities. Carried 5 — 0. Councilmember McComber also requested that a report on the Coalition meetings be added to the Council agendas under Staff Reports. Roll call vote taken on the primary motion. Carried 5 — 0. C. Highway 36 City Administrator Johnson reported on an email he received from Nick Thompson at MnDOT concerning federal funding that was allocated for the study of the cut and cover concept for Highway 36. Mr. Thompson has requested the City's support of a technical corrections bill that would alter language and allow those funds to be used to study other layouts for Highway 36. Councilmember Doerr stated that MnDOT should also be asked to correct language that was very vague regarding federal funding for the City's 7 of 63 City Council Meeting Minutes January 9, 2007 Page 4 of 4 utility relocation. Councilmember Doerr expressed concern that MnDOT would interpret the vague wording in a way that would prevent Oak Park Heights from receiving those funds. Councilmember Abrahamson, seconded by Councilmember McComber, moved to direct staff to draft letters or make other contact in response to the email received from MnDOT and concerning the federal funding for Oak Park Heights utility relocation. Carried 5 — 0. VIII. Adjournment. Councilmember McComber, seconded by Mayor Beaudet, moved to adjourn at 7:24 p.m. Carried 5 — 0. Respectfully submitted, Julie Johnson Administrative Secretary 8of63 Approved as to Content and Form, David Beaudet Mayor Oak Park Heights Request for Council Actions Meeting Date January .23, 2007 Agenda Item fiitle First State Bank & Trust DonatIo 1 min. Time Required . Agenda Placement Consent Agenda Originating Department/ Requester's Signature Police Dept./ Chief Lindy Swanson Action Requested Approve Acceptance of $250.00 Donation (Resolution). Background/Justification (Please indicate any previous action, financial implications including budget information and recommendations). First State Bank & Trust sent the police dept. a donation in the amount of $250.00 As in the past, the donation will be targeted for use to purchase supplies for our Safety Education Programs. S:\ SHARED \FO=s \COUNCIL ACTION REQUEST.doc 9of63 RESOLUTION 07-01-07 CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY MINNESOTA A RESOLUTION AUTHORIZING THE RECEIPT OF A DONATION FROM FIRST STATE BANK & TRUST AND DIRECTING THE FUNDS TO BE UTILIZED BY THE POLICE DEPARTMENT. Whereas, Oak Park Heights business, First State Bank & Trust wishes to donate two - hundred and fifty dollars ($250.00) to the City of Oak Park Heights Police Department; and, Whereas, the City of Oak Park Heights is grateful for First State Bank & Trust's donation and concern for their community. Now, therefore, be it resolved by the City Council of the City of Oak Park Heights that the City shall accept First State Bank & Trust's donation and that the Police Department of the City is authorized to expend such funds for the purposes of enhancing the Department. Passed by the City Council for the City of Oak Park Heights this 23'd day of January, 2007. David Beaudet, Mayor Attest: Eric Johnson, City Administrator 10 of 63 Oak Park Heights Request for Council Action Meeting Date January 23, 2007 Agenda Item Title: Award Winter Tree Pruning Contract Time: 0 min. Agenda Placement Consent Originating Department/Requestor Arborist/Kathy Widin Requester's Signature Action Requested Approve — 'S-,,- C-2ot y 1 at S4e-r\! I --r- r,. . Background/Justification (Please indicate if any previous action has been taken or if other public bodies have advised) 11 of 63 14168 North 57th Street ° P.O. Box 2007 ® Oak Park Heights, MN 55082-2007 ^ Phone: 651/439-4439 • Fax: 651/439-0574 To: Eric Johnson, City Administrator City Council City of Oak Park Heights From: K. Widin, Arborist 1/18/07 Quotes for Tree Work Winter Tree Pruning Along Boulevards (to be completed by 3/15/07) 1. St. Croix Tree Service = $2,391.99 2. Pleasantview Tree Service = $2,614.58 3. S & S Tree & Horticultural Specialists = $4,578.17 4. Rainbow Tree Care = $5,788.28 5. Pinnacle Tree Service = $6,172.00 (itemized quotes attached) St. Croix Tree Service has submitted the lowest quote for the winter boulevard tree pruning. This company has done satisfactory work for the City of Oak Park Heights in the past, is rated for working around electrical hazards, has an ISA Certified Arborist supervising the work, and is licensed to work in the City of Oak Park Heights. I recommend that St. Croix Tree Service be awarded this work. Tree City U.S.A. JAN -08-2607 15:39 2007 Bouleyard Tree Pruning Quote City, of Oak Park Heights An quotes dee by imo swa, Thurs. J>au. A ZW7, PROPOSAL OF: i57, Ce -01% e-01 ' /I- _57 PALL ADDRESS: V/ (, PHONE: t. — 2 ,�2 -3 2Y-.7 FAX 215 * copy of current certificate of liability insurance attacbed Pruning of Boulevard Trees i (tree& to be pruned consiCt of red =p1e, green ash (17.3%), crebappie (10.71/'Q), basswood (8.9%), honeylocust (8.9%), hackberry (5.41/16) and other spbefes (other maples, red, beer and bicolor oak and white ash) (16.7"/0). P. 0EV109 JAN 1 62007 Iti Diameter Class No. of Trees Unit Cost Total lost (dbh or caliper inches) 1 - 5 1311 6-10 37 11-20 1 TOTAL 1.68 Misc. Pruning for 20 Vehicle Clearance $ilio �('� . (road only) -several brunches/tree 3.36 in. dlbb Total Job Cost. 3 Inc�ypropnute tax) By: L �� (&!&=tare of officer) Date: (print mune and title) 13 of 63 JAN -08-2007 15:50 2007 Boulevard Tree Pruning Quote City of Oak Park Heights All quota that by 10:00 a.m. Thum Jart.18, 2007. PROPOSAL OF:�,-,A�� ADDRESS: PHONE: 6(-&. 0b-:27?4- FAX: • copy of current certificate of liability insurance attached Pruning of Haulevard Trees (trees to be pruned consist of red maple, (32. M), green ash (17.3 Yo), crabapple (10.7%), basswood (8.9%), honeyloeust (8.9%), hackberry (5.4%) and other speeits (other maples, red, bur and bicolor oak and white ash) (16.700. P.06/09 {BGG -d4102 Diameter Class No. of Trees lunit Cost Total Cost (dbh or caliper inches) 1 - S 130 +% o 6-10 37 ,- 11-20 1 TOTAL. 168 Mies. Pruning for 20 VWcly Clearance (road side only) several branchesltree 3-36 in. tibb 14 of 63 Total Jab Cost: ' 14,5-g ITAx ,-- fa �- least include appropriate tax,) (signature of officer) e- a " a Date ( —.(? ...�.(�, (print name and title) JAN -08-2007 15:34 2007 13oulevard Tree Pruning Quote City of Oak Park Heights All quotes due by 10:00 aah. Thus'$. Un. 18, 2007. PROPOSAL OF: S?}- S red �► �� - ADDRESS: !Y l �^ PHONE. �— YSI� � `l G 2— FAX: .L r /��/ /2L,? + copy of current certificate of liability insurance attached Pruning of Boulevard Trees (trees to bo pruned consist of red maple, (32.1%), green ash d( 7.3%), cries crabapple(10.7 10 7oJts, red, bur and basswood (8.9°/a), honeylocust (s.9%), hackberry (. ) P ( maP bicolor oak and white ash) (16.7%). Diameter Class No. of Trees Unit Cost Total Cost (dbh or caliper inches) 1-5 130 6-10 37 3 j z— 11 - 20 1 S %S'r C1 U TOTAL e;s 3 S- Nusc. Pruning for 20 Ec5'71CU Vehicle Clearance (road side only) several branches/tree (print naifie and title) 15 of 63 Total Job Cost:1�.�7 —✓ (please include appropndte tax) Date, C/ 121ONIIFIX 01/17/2007 16:23 9522524720 JAN -M-21:07 1:5t34 RAINBOWTREECARE .2007 Boulevard Tree Pruning Quote City of Oak park Hexrbts Alt q%t1t es due by 10:00 a.m. xhurs. Jau.18, 2007. PROPOSAL OF; a'.1 Fe t-0- Ca•-rpa� t ADDRESS: ZZ -3 i [ c/moo 4 .� �•-�- ,S PHONE: FAX: %S�- 2-:5r Z-°" `l7L-a * eop3• of current certilionte of UsIAity inmirnnce attached Pruni ofBquievaird Trees (hags uo be pruned oonsist of red maple, (32.14/0}, green ash (17.3%), crabapple (10.7"/4), basswu ad (6.9%), hortcylocust (8.940, hnokberry (5.4%) uod other species (other maples, red, bur and bicolor ask and whim ash) (16.7%). PAGE 02/03 re. C1'd Digmeter Class No. of Trees Unit Cost TOW Cost (dbb oi• caliper ianW) • 1'5 X30 Q, 10.Q 6-10 37 �iS o• �ra3y•�m „j' 11.20 1 G TOTAL 168 Migc, Pruning for 2A 'elide Clearance (trod nuts only) �a -' • G, Oo , seveml braaebWtree -;16 ins dbtt Total Job Cost: y j ¢ tkw- s, 7ig 2i (ylcase include npprapriaw twy X53. Z Y l uwure of ofc¢r) DAW-1/1-7 (prM name and title) 16 of 63 JAN -09-2007 14:29 2007 Boulevard Tree Pruning Quote City of Oak Park Heights All quotes due by 10:00 a.m. Tburs. Jab. 18, 2007. PROPOSAL OF: pro c.�e- r e. �t—+r u ' css.. ADDRESS: IS -910\ S, P. 06/15 1 ", H \E LLL �) JAN 17 2001 PHONE: 6.5'1 FAX: (, s 1�-}- + copy of current certificate of liability insurance attached Pruning of Boulevard Trees (trees to be pruned consist of red maple, (32.1%), green asb (17.3°/x), crabapple (10.7%), basswood (8.9%), honeylocust (8.9%), hackberry (5.4%) and other species (other maples, reel, bur and bicolor oak and white ash) (16.7%). N` A • so --A 1 Diameter Class No. of Trees Unit Cost Total Cost (db6 or caliper inches) 1 - 5 130 A5. oc 3.2-50 00 6-10 37 oo � � $$0 . b0 11-20 1 ,1� qs, 0o TOTAL 168 Misc. Pruning for 20 Vehicle Clearance '46 -30. C,o 4 6 00 . 00 (road side only) several branches/tree —t75 -,Op +7 3-36 in: dbh otal Job Cost G, �' a • oo (Please include appropriate tax) By: (signature of o ce • �rint �namel l bandtike 17 of 63 Date: t - iy • c,-4- 17 ,- - Oak Park Heights Request for Council Action Meeting Date January 23, 2007 Agenda Item Title: Affirm Winter Parking Ban Time: 0 min. Agenda Placement Consent Originating Department/Requestor Mayor Beaudet Requester's Signature Action Requested Affirm Background/Justification (Please indicate if any previous action has been taken or if other public bodies have advised) As a follow up to discussion held at the last City Council Meeting, consider affirming the City's Winter Parking Ban currently in place. 18 of 63 z,- Y, ENCLOSURE PIE �-. Oak Park Heights Request for Council Action Meeting Date January 23rd, 2007 Time Required: 1 minute Agenda Item Title: Approve Pay Request #5 — DNR CONSTRUCTION Agenda Placement Consent Originating Requester's Signature Action Requested indicate if any previous action has been taken or if other public bodies have advised): Upon my walk tough with the architect and site verification, Pay Request #5 for DNR Construction should be approved for $81,700.00. Please note that this was reduced from the initial request by DNR where they were seeking payment for 75% of the total electrical costs. The current request has been reduced to 50%. ' Payment will be issued when the City receives the original Lien Waiver for such amount. 19 of 63 Jan 19 07 03:19p RRCHITECTURRL JAN,M M / j:IlAN DNR CONSTRUCTION z W CA gE t u CL w O U. Lu I-- tv V V. .Q N c c W V � M s—c D d� e,aaa� z13 O`,� F vr� a d o N a 20 of 63 W 4. 0 W Q LL W u t 651 430 0180 NO. 101 �e e° "A c a 1a r o a � On w p 0" u^ �• O RN Q y 5 Z p $ , 9 W 15 u 0 ((Wry U z W CA gE t u CL w O U. Lu I-- tv V V. .Q N c c W V � M s—c D d� e,aaa� z13 O`,� F vr� a d o N a 20 of 63 W 4. 0 W Q LL W u t 651 430 0180 NO. 101 NETWORK �e "A -Eli 1a b b a � On w p 0" 0 m Q NETWORK 1a A On w p m Q 5 Z p $ , 9 W 15 u ((Wry a 1=fl O Gh gni^ f;, ti O ¢ U w T LH c6 Z 67 a u ~ Z KNai uai ow ��� �? F- �a n e .� P. 2 p.2 Jan 19 07 03s20p JAN, 18. 2001 3:17AM W S a O 1a J P 0 V z a°ot 21 of 63 RRCHITECTURRL DNR CONSTRUCTION NETWORK 651 430 0180 N0, 7 O 1 P, 3 10.3 �gAn ac gglgQo�j�poo,y�� o$ g' o o �or�-,go r Ld A cOf �A Cq r o O 80080 99 890�SQ���o 4, r O r `yE U Vr �qq qOp_ O O O O O v o O O Q t� N tD fes. O a0 �o t N� tip Sh P K h• 1� CO i� lf5 u7 cD a00800988 dg g o Q o$0S4 W O Q O O g��g�ry,m O b O ui Q o O *W*� r~toitV v i w (`) co O2�O❑V Z C2 HN2 Q 1��zW a °L woi000 o a O g og og o g g W C coo h OOf dO O voi, o �j O a Iq N N ~ m 0 X 3jFsoo op ,00g-c4i2oo C0 0 o M cM §8 L, v m oNrf 61 °� ori n 'd oso +n a a N � c o o o ao 0 0 o S $•o 0 0o g o g oo g o a �o o$ o Lu og=$M� SS80888gn8 8 n ng Cl r I� Ouf N O CD d as co M � o z o z a mO O 8 n x -� y r Z w Q L_ o� � Cay LL IL R' FO I5 z Z u 1 d° LL, 4 `� r �6 O hU� 1�-C o W ui d m t !t V C7 i Q U ¢ ih O ?� S u9 u 0 r �n r d ® . N M V, U) CD r, M 0 Z P, 3 10.3 Jan 19 07 03:20p JAN, 18. 2007 3 : I BAM W LUcn z a D r- z O U N �; O �* d C M Or LL 22 of 63 RRCHITECTURRL NETWORK DNR CONSTRUCTION 651 430 0180 N0, 701 P. 4 p.4 ww o ti to � o co Lu t7 fD r r r z o 0 w w U 3pe aC 0 w g rn 0 MA+ + 1� l7 M 0: r 0po Z � c+S Q Y QO uJ IL wtA000 aY)-o a a 0 0 gQ, W d Q i�T b y@e � V z ag0'r0 .\ o N N C o a 0 g N W (n� a (.y�� 0 Mlfs C Mfi► Ntfi Q • ww ooao 0 v a� ooN�� N "; in M Qmf N o z m p a V) ® ,Dci tCRR pp rN M t� fp N op t7! p r N M d 10 W I� co N tV Ch M 6h M frJ M cry t`i M c) Ct ct `p s� [} Q P. 4 p.4 Jan 19 07 03:20p ARCHITECTURAL NETWORK 651 430 0180 JAN, 16. ON 3:16AN1 DNR CONSTRUC 10N N0,701 RECEIPTS AND PARTIAL WAIVER OF MECHANICS' LIEN RIGHTS The undersigned hereby acknowledges having received partial payment of, Eighty One Thousand Seven Hundred and 00/100 Dollars ($81,700,00) From: City of Oak Park Heights 14168 Oak Park Blvd. Oak Park Heights, MN 55082 In partial payment for General Construction Labor and/or materials by the undersigned delivered or furnished to (or performed at) Autumn Hills Park Shelter. Project: Autumn Bills Park Shelter 5697 Norwich Parkway Oak Park Heights, MN 55082 And upon deposit, And for value received hereby waives those rights which may have been acquired by the undersigned t4 file mechanic's liens against said premises on account of the above-described labor and/or materials delivered and furnished by the undersigned, to the extent only of the amount of the aforesaid payment; and the undersigned hereby expressly reserves the right to assert, without prejudice to its heretofore existing priority, mechanics lien rights against said premises for labor and/or materials delivered and or furnished to said premises payment for which is not included in the aforesaid payment. Dated this 18th day of January 2007 D.N.R. Construction Services, Inc. 3171 Spruce St. Littlepwifda, MNIf 117 By: Daniel Neujahr 23 of 63 P. 5 P.5 r r" Oak Park Heights Request for Council Action Meeting Date January 23 2007 Time Required: 5 Minutes Agenda Item Title: Planningfor or City Halls Future Agenda Placement Old Business Originating Department/Requestor Mayor Requester's Signaturef'u Action Requested Direct Staff to send request for proposals to Architects for cost to identify currents and future building needs and existing building code violations This building last major expansion was 1989 with the addition of the police wing of the building. The population growth of the city from 3,400 in 1990 to nearly 5,000 today has left this facility short of space. Hiring an Architect to evaluate the current building work with staff to determine current and future needs of the city hall. Then provide cost estimate to complete the city hall upgrades. The current building lacks the following items: Police men's locker rooms. Police women's locker room with shower. Lunch room with outside window. Public works locker rooms with showers. Outdoor storage area or garage with storage above Fuel Storage for generator. Building has 4 cooling thermostats. Conference room that provides access to police bathroom. Police officers that change in the garage. Staff men's and women's bath rooms. Existing public restrooms are not handicapped. Front door not handicapped accessible. Better public-private accessibility control in building. 24 of 63 Oak Park Heights Request for Council Action Meeting Date January 23rd, 2007 Time Required: 5 Minutes Agenda Item Title: Dept of Revenue — Valuation Information Received Agenda Placement Old Business Originating Department/Requestor Mayor Beaudet Requester's Signature Action Requested Discussion. Background/Justification (Please indicate if any previous action has been taken or if other public bodies have advised): Discuss the received information from the MN Department of Revenue as request by the City Council in December, 2006. See enclosed. 25 of 63 MINNESOTA• REVENUE January 11, 2007 Eric Johnson City of Oak Park Heights 14168 Oak Park Blvd. N Box 2007 Oak Park Heights, MN 55082 Dear Eric: In response to your letter of January 2, 2007, to former Commissioner Dan Salomone requesting information on the property tax values of the A. S. King generating plant owned by Xcel Energy, I am responding at his request. I enclose a worksheet and additional information on the electric system in your city. In addition to the A. S. King generating plant there are two substations and transmission and distribution lines located in your city. The entry listed as transmission lines includes the distribution lines within your city. The market values for the substations are provided for your information. You will notice that the generating plant is divided into two entries. The first entry is the generation machinery. Due to the fact that machinery is not subject to the state general levy, it is listed separately. The other entry includes the structure and non -generation machinery. Most non -generation machinery is the transmission substation that is located at the plant site. Because Xcel's electric system is valued on a unit basis, the assessment is not broken into component parts and we cannot give separate values for each component. The last line on the schedule shows the estimated value that is exempted from property tax due to pollution control exemptions. After the values for assessment year 2007 have been forwarded to the counties, we will send you the same information for that assessment. If you have any further questions in this matter you may call me at telephone number (651)556-6094. Sincerely, A) Alan G. Whipple State Assessed Property Cc: Dan Salomone, Deputy Commissioner Property Tax Division Tela 651-556-6094 Mail Station 3340 Fax: 651-556-3128 St. Paul, MN 55146-3340 TTY: Call 711 for Minnesota Relay 26 of 63 An equal opportunity employer U Coco 0 rnwOO� o p N M N V �O CO M O O f0 000 0 O N O M W h N (O IO 07 O O M 0000 O O W O W W 0 OJ M OJ N M m O 01 N V O tfi o n O o 0000 ornm�n N LL� N W N O N M N Cl_ N r r � O O O O O M O M V M OJ N 27 of 63 Oak Park Heights Request for Council Action Meeting Date January 23rd 2007 Time Required: 5 Minutes Agenda Item Title: Xcel Energy Franchise Agreements Agenda Placement New Originating Requester's Signature Action Requested Background/Justification e indicate if any previous action has been taken or if other public bodies have advised): Enclosed you will find a short letter from John Wertish of Xcel Energy indicating that the City's Franchise Agreements with Xcel for both gas and electric utilities shall expire in November of 2007. I have also enclosed for your reference and future use, copies of the City's current Agreements — incorporated into ordinance form (1003 & 1004) as well as what appears to be boilerplate documents from Xcel Energy. No action is needed at this time. Given the City multi -faceted relationship with Xcel, the Council may however wish to consider meetings with Xcel Energy representatives sometime this summer as we move along this process to discuss the more complex issues. In the interim, staff will be doing research into what other cities and Xcel have agreed upon and will work to have a rough draft complete hopefully in the next few months. 28 of 63 /C') XcelEnergy@ January 3, 2007 Eric Johnson City of Oak Park Heights 14168 Oak Park Blvd PO Box 2007 Oak Park Heights, MN 55082-3007 Re: Franchise Expiration Dear Eric, 1700 East County Road E White Bear Lake, Minnesota 55110-4658 The electric and gas franchise agreements between Xcel Energy and the City of Oak Park Heights will expire in November 2007. In an effort to begin the review process for renewal I am enclosing our general franchise information and a draft ordinances. We would very much like to renew the franchises prior to expiration. I look forward to working with you on the renewal process. Sincerely, ohn Wertish Community Relations Manager 651 7793105 29 of 63 Electric/Gas Franchise Agreement At Xcel Energy we work hard to build and maintain strong relationships with our communities because we want to provide our customers — your residents — with reliable, affordable energy now and into the future. Franchise agreements with our communities have helped us deliver on that commitment for decades. We've found that in negotiating these agreements, we and the cities we work with develop a mutual understanding of that city's unique needs and priorities and how Xcel Energy relates to them. Defining roles and responsibilities helps us know better what to expect from each other. That helps us all best serve the interests of your residents and our customers. We currently participate in nearly 400 franchise agreements across Minnesota, with some going back 50 years or more. Franchise Agreement Benefits A franchise agreement can help establish a strong working relationship with you in several ways. This agreement: • demonstrates our mutual interest in a strong long term working relationship to deliver an essential service to residents and businesses • helps ensure service reliability by authorizing Xcel Energy to trim trees within the right-of-way, subject to city permits Franchise Agreement Specifics • includes an indemnification provision explaining the circumstances under which the city is protected against claims arising from injury to persons or damage to property resulting from our operations • provides a method for amicable resolution of disputes Xcel Energy starts with a standardized franchise agreement to maintain consistent and uniform work practices across our service territory. We can then negotiate minor modifications to the standard agreement to address your community's specific concerns. Our franchise agreements have 20 -year terms, consistent with the significant system investments we make to help assure the city's residents and businesses of long-term, reliable energy service. It's important to know what a franchise does NOT do: • The city does not waive any regulatory authority • The franchise does not waive the city's police over city streets by entering into a franchise power including eminent domain. agreement. • Franchise agreements do not limit the city's ability • Xcel Energy remains subject to permit conditions to participate in future market changes. imposed by the city for utility installations in the right-of-way. Franchise Adoption Process Franchise agreements are bilateral contracts in the form of a city ordinance. Entering into a new franchise typically involves these steps: 1. Xcel Energy provides draft franchise ordinance. 2. City and Xcel Energy agree to final franchise language. 3. City adopts franchise ordinance. 4. Franchise ordinance is published as part of public record. 5. Affidavit of publication is provided to Xcel Energy. 6. Xcel Energy accepts ordinance and provides city an official written acceptance. The franchise ordinance becomes effective as a contract when accepted in writing by Xcel EnS-Gyof 63 1003 AN ORDINANCE GRANTING TO NORTHERN STATES POWER COMPANY, (D.B.A. Xcel Energy) A MINNESOTA CORPORATION, ITS SUCCESSORS AND ASSIGNS, PERMISSION TO ERECT A GAS PLANT AND TO USE THE PUBLIC WAYS AND PUBLIC GROUNDS OF SAID CITY FOR THE PURPOSE OF INSTALLING, ENLARGING, OPERATING, REPAIRING AND MAINTAINING IN THE CITY OF OAK PARK HEIGHTS, MINNESOTA, THE NECESSARY GAS PIPES, MAINS AND APPURTENANCES FOR THE FURNISHING OF GAS TO SAID CITY AND ITS INHABITANTS AND OTHERS AND TRANSMITTING GAS INTO AND THROUGH SAID CITY. THE CITY COUNCIL OF THE CITY OF OAK PARK HEIGHTS, WASHINGTON COUNTY, MINNESOTA, DOES ORDAIN: 1003.01 Definitions. A. "City" means the City of Oak Park Heights, County of Washington, State of Minnesota. B. "City Utility System" refers to the facilities used for providing any public utility service owned or operated by City or agency thereof, including sewer and water service. C. "Company" means Northern States Power Company, a Minnesota corporation, its successors and assigns. D. "Gas" includes manufactured gas or other form of gaseous energy. E. "Notice" means a writing served by any party or parties on any other party or parties. Notice to Company shall be mailed to the Division General Manager thereof at 1700 East County Road East, White Bear Lake, Minnesota, 55110. Notice to City shall be mailed to the City Clerk, 14168 North 57th Street, Box 2007, Oak Park Heights, Minnesota, 55082. F. "Public grounds" means City parks and squares as well as land held by the City for the purpose of open space. G. "Public ways" means streets, avenues, alleys, parkways, walkways, and other public rights of way within the City. 1003.02 Grant of Franchise. City hereby grants Company, for a period of twenty (20) years from the date hereof, the right and privilege of erecting a gas plant and using the public ways and public grounds of City for the purpose of installing, operating„ repairing, and maintaining, in, on, over, under, and across the same, all gas pipes, mains, and appurtenances, usually, conveniently, or necessarily used in connection therewith, for the purpose 31 of 63 of transmitting and furnishing gas for public and private use within and through the limits of City as its boundaries exist or as they may be extended in the future. Company may also do all reasonable things necessary or customary to accomplish these purposes subject, however, to the further provisions of this franchise. 1003.03 Restrictions. A. All gas pipes, mains, regulators, and other property and facilities shall be so located, constructed, installed, and maintained as not to endanger or unnecessarily interfere with the usual and customary trade, traffic, travel upon, and use of public ways of City. In installing, repairing, and maintaining, removing, or replacing said gas pipes, mains, and appurtenances, Company shall, in all cases, place the public ways, in, on, under, or across which the same are located in as good condition as they were prior to said operation. B. Company shall not construct any new or modified installations within or upon any public grounds without receiving the prior written consent of an authorized representative of City for each such new installation. C. Company shall provide field locations for all its underground facilities when requested by City within a reasonable period of time. The period of time will be considered reasonable if it compares favorably with the average time required by the Cities in the County to locate municipal underground facilities for Company. ("County" refers to the County in which City is located.) D. Before Company constructs any new structure or converts any existing structure for the manufacture or storage of gas, Company shall first obtain the approval of the structure and the location thereof from City. Such approval by City shall not be unreasonably withheld. 1003.04 Service, Rates. The service to be provided and the rates to be charged by Company for gas service in City are subject to the jurisdiction of the Public Service Commission of this State or its successor agency. 1003.05 Relocating. A. Whenever City shall grade, regrade, or change the line of any public way, or construct or reconstruct any City utility system therein and shall, in the proper exercise of its police power, and with due regard to seasonable working conditions, when necessary, order Company to relocate permanently its mains, services, and other property located in said public way, Company shall relocate its facilities at its own expense. City shall give Company reasonable notice of plans to grade, regrade, or change the line of any public way or to construct or reconstruct any City utility system therein. However, N 32 of 63 after Company has so relocated, if a subsequent relocation or relocations, shall be ordered within ten (10) years from and after first relocation, City shall reimburse Company for such non -betterment relocation expense which Company may incur on a time and material basis; provided, if subsequent relocations are required because of the extension of City utilities to previously unserved areas, Company may be required to relocate at its own expense at any time. B. Nothing contained in this franchise shall require Company to relocate, remove, replace, or reconnect at its own expense its facilities where such relocation, removal, replacement, or reconnection is for convenience and not of necessity in the construction or reconstruction of a City utility system or extension thereof. C. Any relocation, removal, or rearrangement of any Company facilities made necessary because of the extension into or through City of a federally aided highway project shall be governed by the provisions of Minnesota Statutes, § 161.46 as supplemented or amended; and further, it is expressly understood that the right herein granted to Company is a valuable property right and City shall not order Company to remove or relocate its facilities without compensation when a public way is vacated, improved, or realigned because of a renewal or a redevelopment plan which is financially subsidized in whole or in part by the Federal Government or any agency thereof, unless the reasonable non -betterment costs of such a relocation and the loss and expense resulting therefrom are first paid to Company. D. Nothing contained herein shall relieve any person, persons or corporations from liability arising out of the failure to exercise reasonable care to avoid injuring Company's facilities while performing any work connected with grading, regrading, or changing the line of any public way, or with the construction of any City utility system. 1003.06 Indemnification. Company shall indemnify, keep, and hold City free and harmless from any and all liability on account of injury to persons or damage to property occasioned by the construction, maintenance, repair, or operation of Company's gas facilities located in, on, over, under, or across the public ways and public grounds of City, unless such injury or damage grows out of the negligence of City, its employees or agents, or results from the performance in a proper manner of acts reasonably deemed hazardous by Company, but such performance is nevertheless ordered or directed by City after notice of Company's determination. In the event a suit shall be brought against City under circumstances where the above agreement to indemnify applies, Company, at its sole cost and expense, shall defend City in such suit if written notice thereof is promptly given to Company within a period wherein Company is not prejudiced by lack of such notice. If such notice is not reasonably given as 33 of 63 hereinbefore provided, Company shall have no duty to indemnify nor defend. If Company is required to indemnify and defend, it will thereafter have complete control of such litigation, but Company may not settle such litigation without the consent of City, which consent shall not be unreasonably withheld. This section is not, as to third parties, a waiver of any defense or immunity otherwise available to City; and Company, in defending any action on behalf of City, shall be entitled to assert in any action every defense or immunity that City could assert in its own behalf. 1003.07 Vacation of Public Ways. The City shall give the Company at least two (2)weeks' prior written notice of a proposed vacation of a public way. Except where required solely for a City improvement project, the vacation of any public way, after the installation of gas facilities, shall not operate to deprive Company of its rights to operate and maintain such gas facilities, until the reasonable cost of relocating the same and the loss and expense resulting from such relocation are first paid to Company. In no case, however, shall City be liable to the Company for failure to specifically preserve a right-of-way, under Minnesota Statutes, § 160.29. 1003.08 Written Acceptance. Company shall, if it accepts this Ordinance and the rights and obligations hereby granted, file a written acceptance of the rights hereby granted with the City Clerk within ninety (90) days after the final passage and any required publication of this Ordinance. 1003.09 Provisions of Ordinance. Every section, provision, or part of this Ordinance is declared separate from every other section, provision, or part; and if any section, provision, or part shall be held invalid, it shall not affect any other section, provision, or part. Where a provision of any other City Ordinance conflicts with the provisions of this Ordinance, the provisions of this Ordinance shall prevail. 1003.10 Publication Expense. The expense of any publication of this franchise Ordinance required by law shall be paid by Company. 4 34 of 63 Long without Fee GAS FRANCHISE ORDINANCE ORDINANCE NO. CITY OF , COUNTY, MINNESOTA AN ORDINANCE GRANTING TO NORTHERN STATES POWER COMPANY, A MINNESOTA CORPORATION, D/B/A XCEL ENERGY ITS SUCCESSORS AND ASSIGNS, PERMISSION TO ERECT A GAS DISTRIBUTION SYSTEM FOR THE PURPOSES OF CONSTRUCTING, OPERATING, REPAIRING AND MAINTAINING IN THE CITY OF , MINNESOTA, THE NECESSARY GAS PIPES, MAINS AND APPURTENANCES FOR THE TRANSMISSION OR DISTRIBUTION OF GAS TO THE CITY AND ITS INHABITANTS AND OTHERS AND TRANSMITTING GAS INTO AND THROUGH THE CITY AND TO USE THE PUBLIC WAYS AND PUBLIC GROUNDS OF THE CITY FOR SUCH PURPOSES. THE CITY COUNCIL OF THE CITY OF MINNESOTA, ORDAINS: SECTION 1. DEFINITIONS. COUNTY, For purposes of this Ordinance, the following capitalized terms listed in alphabetical order shall have the following meanings: City. The City of , County of , State of Minnesota. City Utility System. Facilities used for providing non -energy related public utility service owned or operated by City or agency thereof, including sewer and water service, but excluding facilities for providing heating, lighting or other forms of energy. Commission. The Minnesota Public Utilities Commission, or any successor agency or agencies, including an agency of the federal government which preempts all or part of the authority to regulate Gas retail rates now vested in the Minnesota Public Utilities Commission. Company. Northern States Power Company, a Minnesota corporation, d/b/a Xcel Energy its successors and assigns. Gas. "Gas" as used herein shall be held to include natural gas, manufactured gas, or other form of gaseous energy. Gas Facilities. Pipes, mains, regulators, and other facilities owner or operated by Company for the purpose of providing gas service for public use. Notice. A written notice served by one party on the other party referencing one or more provisions of this Ordinance. Notice to Company shall be mailed to the General Counsel, Suite 3000, 800 Nicollet Mall, Minneapolis, MN 55402. Notice to the City shall be mailed to the City Administrator, . Either party may change its respective address for the purpose of this Ordinance by written notice to the other party. 35 of 63 Long without Fee Public Ground. Land owned by the City for park, open space or similar purpose, which is held for use in common by the public. Public Way. Any street, alley, walkway or other public right-of-way within the City. SECTION 2. ADOPTION OF FRANCHISE. 2.1 Grant of Franchise. City hereby grants Company, for a period of 20 years from the date passed and approved by the City, the right to transmit and famish Gas energy for light, heat, power and other purposes for public and private use within and through the limits of the City as its boundaries now exist or as they may be extended in the future. For these purposes, Company may construct, operate, repair and maintain Gas Facilities in, on, over, under and across the Public Ways and Public Grounds of City, subject to the provisions of this Ordinance. Company may do all reasonable things necessary or customary to accomplish these purposes, subject, however, to such reasonable regulations as may be imposed by the City pursuant to ordinance and to the further provisions of this franchise agreement. 2.2 Effective Date, Written Acceptance. This franchise agreement shall be in force and effect from and after passage of flus Ordinance, its acceptance by Company, and its publication as required by law. The City by Council resolution may revoke this franchise agreement if Company does not file a written acceptance with the City within 90 days after publication. 2.3 Service and Rates. The service to be provided and the rates to be charged by Company for Gas service in City are subject to the jurisdiction of the Commission. 2.4 Publication Expense. The expense of publication of this Ordinance will be paid by City and reimbursed to City by Company. 2.5 Dispute Resolution. If either party asserts that the other party is in default in the performance of any obligation hereunder, the complaining party shall notify the other party of the default and the desired remedy. The notification shall be written. Representatives of the parties must promptly meet and attempt in good faith to negotiate a resolution of the dispute. If the dispute is not resolved within 30 days of the written notice, the parties may jointly select a mediator to facilitate further discussion. The parties will equally share the fees and expenses of this mediator. If a mediator is not used or if the parties are unable to resolve the dispute within 30 days after first meeting with the selected mediator, either party may commence an action in District Court to interpret and enforce this franchise or for such other relief as may be permitted by law or equity for breach of contract, or either party may take any other action permitted by law. SECTION 3. LOCATION, OTHER REGULATIONS. 3.1 Location of Facilities. Gas Facilities shall be located, constructed and maintained so as not to interfere with the safety and convenience of ordinary travel along and over Public Ways and so as not to disrupt normal operation of any City Utility System previously installed therein. Gas Facilities shall be located on Public Grounds as determined by the City. Company's construction, reconstruction, operation, repair, maintenance and location of Gas Facilities shall be subject to permits if required by separate ordinance and to other reasonable regulations of the City to the extent not 36 of 63 2 Long without Fee inconsistent with the terms of this franchise agreement. Company may abandon underground gas facilities in place, provided, at City's request, Company will remove abandoned metal pipe interfering with a City improvement project, but only to the extent such metal pipe is uncovered by excavation as part of the City's improvement project. 3.2 Field Locations. Company shall provide field locations for its underground Gas Facilities within City consistent with the requirements of Minnesota Statutes, Chapter 216D. 3.3 Street Openings. Company shall not open or disturb any Public Way or Public Ground for any purpose without first having obtained a permit from the City, if required by a separate ordinance, for which the City may impose a reasonable fee. Permit conditions imposed on Company shall not be more burdensome than those imposed on other utilities for similar facilities or work. Company may, however, open and disturb any Public Way or Public Ground without permission from the City where an emergency exists requiring the immediate repair of Gas Facilities. In such event Company shall notify the City by telephone to the office designated by the City as soon as practicable. Not later than the second working day thereafter, Company shall obtain any required permits and pay any required fees. 3.4 Restoration. After undertaking any work requiring the opening of any Public Way or Public Ground, Company shall restore the same, including paving and its foundation, to as good a condition as formerly existed, and shall maintain any paved surface in good condition for two years thereafter. The work shall be completed as promptly as weather permits, and if Company shall not promptly perform and complete the work, remove all dirt, rubbish, equipment and material, and put the Public Way or Public Ground in the said condition, the City shall have, after demand to Company to cure and the passage of a reasonable period of time following the demand, but not to exceed five days, the right to make the restoration at the expense of Company. Company shall pay to the City the cost of such work done for or performed by the City. This remedy shall be in addition to any other remedy available to the City for noncompliance with this Section 3.4, but the City hereby waives any requirement for Company to post a construction performance bond, certificate of insurance, letter of credit or any other form of security or assurance that may be required, under a separate existing or future ordinance of the City, of a person or entity obtaining the City's permission to install, replace or maintain facilities in a Public Way. 3.5 Avoid Damage to Gas Facilities. Nothing in this Ordinance relieves any person from liability arising out of the failure to exercise reasonable care to avoid damaging Gas Facilities while performing any activity. 3.6 Notice of Improvements. The City must give Company reasonable notice of plans for improvements to Public Ways or Public Ground where the City has reason to believe that Gas Facilities may affect or be affected by the improvement. The notice must contain: (i) the nature and character of the improvements, (ii) the Public Ways and Public Grounds upon which the improvements are to be made, (iii) the extent of the improvements, (iv) the time when the City will start the work, and (v) if more than one Public Way or Public Ground is involved, the order in which the work is to proceed. The notice must be given to Company a sufficient length of time in advance of the actual commencement of the work to permit Company to make any necessary additions, alterations or repairs to its Gas Facilities. 37 of 63 Long without Fee SECTION 4. RELOCATIONS. 4.1 Relocation of Gas Facilities in Public Ways. If the City determines to vacate a Public Way for a City improvement project, or at City's cost to grade, regrade, or change the line of any Public Way, or construct or reconstruct any City Utility System in any Public Way, it may order Company to relocate its Gas Facilities located therein if relocation is reasonably necessary to accomplish the City's proposed public improvement. Except as provided in Section 4.3, Company shall relocate its Gas Facilities at its own expense. The City shall give Company reasonable notice of plans to vacate for a City improvement project, or to grade, regrade, or change the line of any Public Way or to construct or reconstruct any City Utility System. If a relocation is ordered within five years of a prior relocation of the same Gas Facilities, which was made at Company expense, the City shall reimburse Company for Non -Betterment Costs on a time and material basis, provided that if a subsequent relocation is required because of the extension of a City Utility System to a previously unserved area, Company may be required to make the subsequent relocation at its expense. Nothing in this Ordinance requires Company to relocate, remove, replace or reconstruct at its own expense its Gas Facilities where such relocation, removal, replacement or reconstruction is solely for the convenience of the City and is not reasonably necessary for the construction or reconstruction of a Public Way or City Utility System or other City improvement. 4.2 Relocation of Gas Facilities in Public Ground. City may require Company at Company's expense to relocate or remove its Gas Facilities from Public Ground upon a finding by City that the Gas Facilities have become or will become a substantial impairment to the existing or proposed public use of the Public Ground. 4.3 Projects with Federal Funding. Relocation, removal, or rearrangement of any Company Gas Facilities made necessary because of the extension into or through City of a federally -aided highway project shall be governed by the provisions of Minnesota Statutes, Section 161.46, as supplemented or amended. It is understood that the right herein granted to Company is a valuable right. City shall not order Company to remove or relocate its Gas Facilities when a Public Way is vacated, improved or realigned because of a renewal or a redevelopment plan which is financially subsidized in whole or in part by the Federal Government or any agency thereof, unless the reasonable non -betterment Costs of such relocation and the loss and expense resulting therefrom are first paid to Company, but the City need not pay those portions of such for which reimbursement to it is not available. 4.4 No Waiver. The provisions of this franchise apply only to facilities constructed in reliance on a franchise from the City and shall not be construed to waive or modify any rights obtained by Company for installations within a Company right-of-way acquired by easement or prescriptive right before the applicable Public Way or Public Ground was established, or Company's rights under state or county permit. SECTION 5. TREE TRIMMING. Company is also granted the permission and authority to trim all shrubs and trees, including roots, in the Public Ways of City to the extent Company finds necessary to avoid interference with the proper construction, operation, repair and maintenance of Gas Facilities, provided that Company shall save City harmless from any liability in the premises. 38 of 63 4 Long without Fee SECTION 6. INDEMNIFICATION. 6.1 Indemnity of City. Company shall indemnify, keep and hold the City free and harmless from any and all liability on account of injury to persons or damage to property occasioned by the construction, maintenance, repair, inspection, the issuance of permits, or the operation of the Gas Facilities located in the Public Ways and Public Grounds. The City shall not be indemnified for losses or claims occasioned through its own negligence except for losses or claims arising out of or alleging the City's negligence as to the issuance of permits for, or inspection of, Company's plans or work. The City shall not be indemnified if the injury or damage results from the performance in a proper manner of acts reasonably deemed hazardous by Company, and such performance is nevertheless ordered or directed by City after notice of Company's determination. 6.2 Defense of City. In the event a suit is brought against the City under circumstances where this agreement to indemnify applies, Company at its sole cost and expense shall defend the City in such suit if written notice thereof is promptly given to Company within a period wherein Company is not prejudiced by lack of such notice. If Company is required to indemnify and defend, it will thereafter have control of such litigation, but Company may not settle such litigation without the consent of the City, which consent shall not be unreasonably withheld. This section is not, as to third parties, a waiver of any defense or immunity otherwise available to the City; and Company, in defending any action on behalf of the City shall be entitled to assert in any action every defense or immunity that the City could assert in its own behalf. SECTION 7. VACATION OF PUBLIC WAYS. The City shall give Company at least two weeks prior written notice of a proposed vacation of a Public Way. Except where required for a City improvement project, the vacation of any Public Way, after the installation of Gas Facilities, shall not operate to deprive Company of its rights to operate and maintain such Gas Facilities, until the reasonable cost of relocating the same and the loss and expense resulting from such relocation are first paid to Company. In no case, however, shall City be liable to Company for failure to specifically preserve a right-of-way under Minnesota Statutes, Section 160.29. SECTION 8. CHANGE IN FORM OF GOVERNMENT. Any change in the form of government of the City shall not affect the validity of this Ordinance. Any governmental unit succeeding the City shall, without the consent of Company, succeed to all of the rights and obligations of the City provided in this Ordinance. SECTION 9. PROVISIONS OF ORDINANCE. 9.1 Severability. Every section, provision, or part of this Ordinance is declared separate from every other section, provision, or part; and if any section, provision, or part shall be held invalid, it shall not affect any other section, provision, or part. Where a provision of any other City ordinance conflicts with the provisions of this Ordinance, the provisions of this Ordinance shall prevail. 9.2 Limitation on Applicability. This Ordinance constitutes a franchise agreement between the City and Company as the only parties and no provision of this franchise shall in any way inure to the benefit of any third person (including the public at large) so as to constitute any 39 of 63 5 Long without Fee such person as a third party beneficiary of the agreement or of any one or more of the terms hereof, or otherwise give rise to any cause of action in any person not a party hereto. SECTION 10. AMENDMENT PROCEDURE. Either party to this franchise agreement may at any time propose that the agreement be amended to address a subject of concern and the other party will consider whether it agrees that the amendment is mutually appropriate. If an amendment is agreed upon, this Ordinance may be amended at any time by the City passing a subsequent ordinance declaring the provisions of the amendment, which amendatory ordinance shall become effective upon the filing of Company's written consent thereto with the City Clerk within 90 days after the date of final passage by the City of the amendatory ordinance. SECTION 11. PREVIOUS FRANCHISES SUPERSEDED. This franchise supersedes any previous Gas franchise granted to Company or its predecessor. Passed and approved: Attest: City Clerk Date Published: r 40 of 63 6 2003. Mayor 1004 AN ORDINANCE GRANTING TO NORTHERN STATES POWER COMPANY, A MINNESOTA CORPORATION, ITS SUCCESSORS AND ASSIGNS, PERMISSION TO CONSTRUCT, OPERATE, REPAIR AND MAINTAIN IN THE CITY OF OAK PARK HEIGHTS, MINNESOTA, AN ELECTRIC DISTRIBUTION SYSTEM AND TRANSMISSION LINES, INCLUDING NECESSARY POLES, POLE LINES AND FIXTURES AND APPURTENANCES, FOR THE FURNISHING OF ELECTRIC ENERGY TO THE CITY AND ITS INHABITANTS, AND OTHERS, AND TO USE THE PUBLIC WAYS AND PUBLIC GROUNDS OF SAID CITY FOR SUCH PURPOSES. THE CITY COUNCIL OF THE CITY OF OAK PARK HEIGHTS, WASHINGTON COUNTY, MINNESOTA, DOES ORDAIN: 1004.01 Definitions. A. "City" means the City of Oak Park Heights, County of Washington, State of Minnesota. B. "City Utility System" refers to the facilities used for providing any public utility service owned or operated by City or agency thereof, including sewer and water service. C. "Company" means Northern States Power Company, a Minnesota corporation, its successors and assigns. D. "Notice" means a writing served by any party or parties on any other party or parties. Notice to Company shall be mailed to the Division General Manager thereof at 1700 East Co Road East, White Bear Lake, Minnesota, 55025. Notice to city shall be mailed to the City Clerk, 14168 North 57th Street, Oak Park Heights, Minnesota, 55082.. E. "Public grounds" means city parks and squares as well as land held by the City for the purpose of open space. F. "Public ways" means streets, avenues, alleys, parkways, walkways and other public rights of way within the City. 1004.02 Grant of Franchise. City hereby grants Company, for a period of twenty (20) years from the date hereof, the right to transmit and furnish electric energy for light, heat, power, and other purposes for public and private use within and through the limits of City as its boundaries now exist or as they may be extended in the future. For these purposes, Company may construct, operate, repair, and maintain electric distribution system and electric transmission lines, including poles, pole lines, duct lines, fixtures, and any other necessary appurtenances in, on, over, under and across the public ways and public grounds of City. Company may do all reasonable things necessary or 41 of 63 customary to accomplish these purposes, subject, however, to the further provisions of this franchise. 1004.03 Restrictions. A. Company facilities included in such electric distribution system, transmission lines and appurtenances, thereto, shall be located and constructed so as not to interfere with the safety and convenience of ordinary travel along and over said public ways. Company's construction, operation, repair, maintenance, and location of such facilities shall be subject to such reasonable regulations as may be imposed by City pursuant to charter, ordinance or statute. B. Company shall not construct any new installations within or upon any public grounds without receiving the prior written consent of an authorized representative of City for each such installation. C. Company shall provide field locations for all its underground facilities when requested by City within a reasonable period of time. The period of time will be considered reasonable if it compares favorably with the average time required by the cities in the County to locate municipal underground facilities for Company. ("County" refers to the County in which City is located.) 1004.04. Tree Trimming. Company is also granted the permission and authority to trim all trees and shrubs in the public ways and public grounds of City interfering with the proper construction, operation, repair, and maintenance of any poles, pole lines, and fixtures or appurtenances installed in pursuance of the authority hereby granted, provided that Company shall save City harmless from any liability in the premises. 1004.05 Service Rates. The service to be provided and the rates to be charged by Company for electric service in City are subject to the jurisdiction of the Public Utilities Commission of this State or its successor agency. 1004.06 Relocating. A. Whenever City shall grade, regrade, or change the line of any public way, or construct or reconstruct any City utility system therein and shall, in the proper exercise of its police power, and with due regard to seasonable working conditions, when necessary order Company to relocate permanently its lines, services and other property located in said public way, Company shall relocate its facilities at its own expense. City shall give Company reasonable notice of plans to grade, regrade or change the line of any public way or to construct or reconstruct any City utility system therein. However, after Company has so relocated, if a subsequent relocation or relocations shall be ordered within ten (10) years from and after first relocation, City shall reimburse Company for such non -betterment relocation expense which Company may incur on a time and material basis; provided, if subsequent 2 42 of 63 relocations are required because of the extension of City utilities to previously unserved areas, company may be required to relocate at its own expense at any time. B. Nothing contained in this franchise shall require Company to relocate, remove, replace, or reconnect at its own expense its facilities where such relocation, removal, replacement, or reconnection is for convenience and not of necessity in the construction or reconstruction of a City utility system or extension thereof. C. Any relocation, removal, or rearrangement of any Company facilities made necessary because of the extension into or through City of a federally aided highway project shall be governed by the provisions of Minnesota Statutes, § 161.46, as supplemental or amended; and further, it is expressly understood that the right herein granted to Company is a valuable property right and City shall not order Company to remove or relocate its facilities without compensation when a public way is vacated, improved or re -aligned because of a renewal or a redevelopment plan which is financially subsidized in whole or in part by the Federal Government or any agency thereof, unless the reasonable non -betterment costs of such relocation and the loss and expense resulting therefrom are first paid to company. D. Nothing contained herein shall relieve any person, persons, or corporations from liability arising out of the failure to exercise reasonable care to avoid injuring Company's facilities while performing any work connected with grading, regrading, or changing the line of any public way, or with the construction or reconstruction of any City utility system. 1004.07 Indemnification. Company shall indemnify, keep, and hold City free and harmless from any and all liability on account of injury to persons or damage to property occasioned by the construction, maintenance, repair, or operation of Company's electric facilities located in, on, over, under, or across the public ways and public grounds of City, unless such injury or damage grows out of the negligence of City, its employees or agents, or results from the performance in a proper manner of acts reasonably deemed hazardous by Company, but such performance is nevertheless ordered or directed by City after notice of Company's determination. In the event a suit shall be brought against City under circumstances where the above agreement to indemnify applies, Company, at its sole cost and expense, shall defend City in such suit if written notice thereof is promptly given to Company within a period wherein Company is not prejudiced by lack of such notice. If such notice is not reasonably given as hereinbefore provided, Company shall have no duty to indemnify nor defend. If Company is required to indemnify and defend, it will thereafter have complete control of such litigation, but Company may not settle such litigation without the consent of City, which consent shall not be unreasonably withheld. This section is not, as to third parties, a waiver of any defense or immunity otherwise 3 43 of 63 available to City; and Company, in defending any action on behalf of City, shall be entitled to assert in any action every defense or immunity that City could assert in its own behalf. 1004.08 Vacation of Public Ways. The City shall give the Company at least two (2) weeks' prior written notice of a proposed vacation of a public way. Except where required solely for a City improvement project, the vacation of any public way, after the installation of electric facilities, shall not operate to deprive Company of its rights to operate and maintain such electrical facilities, until the reasonable cost of relocating the same and the loss and expense resulting from such relocation are first paid to Company. In no case, however, shall City be liable to the Company for failure to specifically preserve a right-of-way, under Minnesota Statutes, § 160.29. 1004.09 Written Acceptance. Company shall, if it accepts this Ordinance and the rights and obligations hereby granted, file a written acceptance of the rights hereby granted with the City Clerk within ninety (90) days after the final passage and any required publication of this ordinance. 1004.10 Provisions of Ordinance. Every section, provision, or part of this Ordinance is declared separate from every other section, provision or part; and if any section, provision or part shall be held invalid, it shall not affect any other section, provision or part. Where a provision of any other City's Ordinance conflicts with the provisions of this Ordinance, the provisions of this Ordinance shall prevail. 1004.11 Publication Expense. The expense of any publication of this franchise Ordinance required by law shall be paid by Company. 4 44 of 63 ELECTRIC FRANCHISE ORDINANCE ORDINANCE NO. CITY OF , COUNTY, MINNESOTA AN ORDINANCE GRANTING TO NORTHERN STATES POWER COMPANY, A MINNESOTA CORPORATION, D/B/A XCEL ENERGY ITS SUCCESSORS AND ASSIGNS, PERMISSION TO CONSTRUCT, OPERATE, REPAIR AND MAINTAIN IN THE CITY OF , MINNESOTA, AN ELECTRIC DISTRIBUTION SYSTEM AND TRANSMISSION LINES, INCLUDING NECESSARY POLES, LINES, FIXTURES AND APPURTENANCES, FOR THE FURNISHING OF ELECTRIC ENERGY TO THE CITY, ITS INHABITANTS, AND OTHERS, AND TO USE THE PUBLIC WAYS AND PUBLIC GROUNDS OF THE CITY FOR SUCH PURPOSES. THE CITY COUNCIL OF THE CITY OF MINNESOTA, ORDAINS: SECTION 1. DEFINITIONS. COUNTY, For purposes of this Ordinance, the following capitalized terms listed in alphabetical order shall have the following meanings: City. The City of , County of , State of Minnesota. City Utility System. Facilities used for providing non -energy related public utility service owned or operated by City or agency thereof, including sewer and water service, but excluding facilities for providing heating, lighting or other forms of energy. Commission. The Minnesota Public Utilities Commission, or any successor agency or agencies, including an agency of the federal government which preempts all or part of the authority to regulate electric retail rates now vested in the Minnesota Public Utilities Commission. Company. Northern States Power Company, a Minnesota corporation, d/b/a Xcel Energy its successors and assigns. Electric Facilities. Electric transmission and distribution towers, poles, lines, guys, anchors, conduits, fixtures, and necessary appurtenances owned or operated by Company for the purpose of providing electric energy for public use. Notice. A written notice served by one party on the other party referencing one or more provisions of this Ordinance. Notice to Company shall be mailed to the General Counsel, Suite 3000, 800 Nicollet Mall, Minneapolis, MN 55402. Notice to the City shall be mailed to the City Administrator, . Either party may change its respective address for the purpose of this Ordinance by written notice to the other party. Public Ground. Land owned by the City for park, open space or similar purpose, which is held for use in common by the public. 45 of 63 Public Way. Any street, alley, walkway or other public right-of-way within the City. SECTION 2. ADOPTION OF FRANCHISE. 2.1 Grant of Franchise. City hereby grants Company, for a period of 20 years from the date passed and approved by the City, the right to transmit and furnish electric energy for light, heat, power and other purposes for public and private use within and through the limits of the City as its boundaries now exist or as they may be extended in the future. For these purposes, Company may construct, operate, repair and maintain Electric Facilities in, on, over, under and across the Public Ways and Public Grounds of City, subject to the provisions of this Ordinance. Company may do all reasonable things necessary or customary to accomplish these purposes, subject, however, to such reasonable regulations as may be imposed by the City pursuant to ordinance and to the further provisions of this franchise agreement. 2.2 Effective Date; Written Acceptance. This franchise agreement shall be in force and effect from and after passage of this Ordinance, its acceptance by Company, and its publication as required by law. The City by Council resolution may revoke this franchise agreement if Company does not file a written acceptance with the City within 90 days after publication. 2.3 Service and Rates. The service to be provided and the rates to be charged by Company for electric service in City are subject to the jurisdiction of the Commission. The area within the City in which Company may provide electric service is subject to the provisions of Minnesota Statutes, Section 2168.40. 2.4 Publication Expense. The expense of publication of this Ordinance will be paid by City and reimbursed to City by Company. 2.5 Dispute Resolution. If either party asserts that the other party is in default in the performance of any obligation hereunder, the complaining party shall notify the other party of the default and the desired remedy. The notification shall be written. Representatives of the parties must promptly meet and attempt in good faith to negotiate a resolution of the dispute. If the dispute is not resolved within 30 days of the written notice, the parties may jointly select a mediator to facilitate further discussion. The parties will equally share the fees and expenses of this mediator. If a mediator is not used or if the parties are unable to resolve the dispute within 30 days after first meeting with the selected mediator, either party may commence an action in District Court to interpret and enforce this franchise or for such other relief as may be permitted by law or equity for breach of contract, or either party may take any other action permitted by law. SECTION 3. LOCATION, OTHER REGULATIONS. 3.1 Location of Facilities. Electric Facilities shall be located, constructed and maintained so as not to interfere with the safety and convenience of ordinary travel along and over Public Ways and so as not to disrupt normal operation of any City Utility System previously installed therein. Electric Facilities shall be located on Public Grounds as determined by the City. Company's construction, reconstruction, operation, repair, maintenance and location of Electric Facilities shall be subject to permits if required by separate ordinance and to other reasonable regulations of the City to the extent not inconsistent with the terms of this franchise agreement. Company may abandon 46 of 63 P 2 underground Electric Facilities in place, provided at the City's request, Company will remove abandoned metal or concrete encased conduit interfering with a City improvement project, but only to the extent such conduit is uncovered by excavation as part of the City improvement project. 3.2 Field Locations. Company shall provide field locations for its underground Electric Facilities within City consistent with the requirements of Minnesota Statutes, Chapter 216D. 3.3 Street Openings. Company shall not open or disturb any Public Way or Public Ground for any purpose without first having obtained a permit from the City, if required by a separate ordinance, for which the City may impose a reasonable fee. Permit conditions imposed on Company shall not be more burdensome than those imposed on other utilities for similar facilities or work. Company may, however, open and disturb any Public Way or Public Ground without permission from the City where an emergency exists requiring the immediate repair of Electric Facilities. In such event Company shall notify the City by telephone to the office designated by the City as soon as practicable. Not later than the second working day thereafter, Company shall obtain any required permits and pay any required fees. 3.4 Restoration. After undertaking any work requiring the opening of any Public Way or Public Ground, Company shall restore the same, including paving and its foundation, to as good a condition as formerly existed, and shall maintain any paved surface in good condition for two years thereafter. The work shall be completed as promptly as weather permits, and if Company shall not promptly perform and complete the work, remove all dirt, rubbish, equipment and material, and put the Public Way or Public Ground in the said condition, the City shall have, after demand to Company to cure and the passage of a reasonable period of time following the demand, but not to exceed five days, the right to make the restoration at the expense of Company. Company shall pay to the City the cost of such work done for or performed by the City. This remedy shall be in addition to any other remedy available to the City for noncompliance with this Section 3.4, but the City hereby waives any requirement for Company to post a construction performance bond, certificate of insurance, letter of credit or any other form of security or assurance that may be required, under a separate existing or future ordinance of the City, of a person or entity obtaining the City's permission to install, replace or maintain facilities in a Public Way. 3.5 Avoid Damage to Electric Facilities. Nothing in this Ordinance relieves any person from liability arising out of the failure to exercise reasonable care to avoid damaging Electric Facilities while performing any activity. 3.6 Notice of Improvements. The City must give Company reasonable notice of plans for improvements to Public Ways or Public Ground where the City has reason to believe that Electric Facilities may affect or be affected by the improvement. The notice must contain: (i) the nature and character of the improvements, (ii) the Public Ways and Public Grounds upon which the improvements are to be made, (iii) the extent of the improvements, (iv) the time when the City will start the work, and (v) if more than one Public Way or Public Ground is involved, the order in which the work is to proceed. The notice must be given to Company a sufficient length of time in advance of the actual commencement of the work to permit Company to make any necessary additions, alterations or repairs to its Electric Facilities. 3.7 Shared Use of Poles. Company shall make space available on its poles or towers for City fire, water utility, police or other City facilities whenever such use will not interfere with the use of 47 of 63 3 such poles or towers by Company, by another electric utility, by a telephone utility, or by any cable television company or other form of communication company. In addition, the City shall pay for any added cost incurred by Company because of such use by City. SECTION 4. RELOCATIONS. 4.1 Relocation of Electric Facilities in Public Ways. If the City determines to vacate a Public Way for a City improvement project, or at City's cost to grade, regrade, or change the line of any Public Way, or construct or reconstruct any City Utility System in any Public Way, it may order Company to relocate its Electric Facilities located therein if relocation is reasonably necessary to accomplish the City's proposed public improvement. Except as provided in Section 4.3, Company shall relocate its Electric Facilities at its own expense. The City shall give Company reasonable notice of plans to vacate for a City improvement project, or to grade, regrade, or change the line of any Public Way or to construct or reconstruct any City Utility System. If a relocation is ordered within five years of a prior relocation of the same Electric Facilities, which was made at Company expense, the City shall reimburse Company for non -betterment costs on a time and material basis, provided that if a subsequent relocation is required because of the extension of a City Utility System to a previously unserved area, Company may be required to make the subsequent relocation at its expense. Nothing in this Ordinance requires Company to relocate, remove, replace or reconstruct at its own expense its Electric Facilities where such relocation, removal, replacement or reconstruction is solely for the convenience of the City and is not reasonably necessary for the construction or reconstruction of a Public Way or City Utility System or other City improvement. 4.2 Relocation of Electric Facilities in Public Ground. City may require Company at Company's expense to relocate or remove its Electric Facilities from Public Ground upon a finding by City that the Electric Facilities have become or will become a substantial impairment to the existing or proposed public use of the Public Ground. 4.3 Projects with Federal Funding. Relocation, removal, or rearrangement of any Company Electric Facilities made necessary because of the extension into or through City of a federally -aided highway project shall be governed by the provisions of Minnesota Statutes, Section 161.46, as supplemented or amended. It is understood that the right herein granted to Company is a valuable right. City shall not order Company to remove or relocate its Electric Facilities when a Public Way is vacated, improved or realigned because of a renewal or a redevelopment plan which is financially subsidized in whole or in part by the Federal Government or any agency thereof, unless the reasonable non -betterment costs of such relocation and the loss and expense resulting therefrom are first paid to Company, but the City need not pay those portions of such for which reimbursement to it is not available. 4.4 No Waiver. The provisions of this franchise apply only to facilities constructed in reliance on a franchise from the City and shall not be construed to waive or modify any rights obtained by Company for installations within a Company right-of-way acquired by easement or prescriptive right before the applicable Public Way or Public Ground was established, or Company's rights under state or county permit. 48 of 63 4 ' SECTION 5. TREE TRIMMING. Company may trim all trees and shrubs in the Public Ways and Public Grounds of City to the extent Company finds necessary to avoid interference with the proper construction, operation, repair and maintenance of any Electric Facilities installed hereunder, provided that Company shall save the City harmless from any liability arising therefrom, and subject to permit or other reasonable regulation by the City. SECTION 6. INDEMNIFICATION. 6.1 Indemnity of City. Company shall indemnify, keep and hold the City free and harmless from any and all liability on account of injury to persons or damage to property occasioned by the construction, maintenance, repair, inspection, the issuance of pewits, or the operation of the Electric Facilities located in the Public Ways and Public Grounds. The City shall not be indemnified for losses or claims occasioned through its own negligence except for losses or claims arising out of or alleging the City's negligence as to the issuance of permits for, or inspection of, Company's plans or work. The City shall not be indemnified if the injury or damage results from the performance in a proper manner of acts reasonably deemed hazardous by Company, and such performance is nevertheless ordered or directed by City after notice of Company's determination. 6.2 Defense of City. In the event a suit is brought against the City under circumstances where this agreement to indemnify applies, Company at its sole cost and expense shall defend the City in such suit if written notice thereof is promptly given to Company within a period wherein Company is not prejudiced by lack of such notice. If Company is required to indemnify and defend, it will thereafter have control of such litigation, but Company may not settle such litigation without the consent of the City, which consent shall not be unreasonably withheld. This section is not, as to third parties, a waiver of any defense or immunity otherwise available to the City; and Company, in defending any action on behalf of the City shall be entitled to assert in any action every defense or immunity that the City could assert in its own behalf. SECTION 7. VACATION OF PUBLIC WAYS. The City shall give Company at least two weeks prior written notice of a proposed vacation of a Public Way. Except where required for a City improvement project, the vacation of any Public Way, after the installation of Electric Facilities, shall not operate to deprive Company of its rights to operate and maintain such Electric Facilities, until the reasonable cost of relocating the same and the loss and expense resulting from such relocation are first paid to Company. In no case, however, shall City be liable to Company for failure to specifically preserve a right-of-way under Minnesota Statutes, Section 160.29. SECTION 8. CHANGE IN FORM OF GOVERNMENT. Any change in the form of government of the City shall not affect the validity of this Ordinance. Any governmental unit succeeding the City shall, without the consent of Company, succeed to all of the rights and obligations of the City provided in this Ordinance. 49 of 63 15 ` SECTION 9. PROVISIONS OF ORDINANCE. 9.1 Severability. Every section, provision, or part of this Ordinance is declared separate from every other section, provision, or part; and if any section, provision, or part shall be held invalid, it shall not affect any other section, provision, or part. Where a provision of any other City ordinance conflicts with the provisions of this Ordinance, the provisions of this Ordinance shall prevail. 9.2 Limitation on Applicability. This Ordinance constitutes a franchise agreement between the City and Company as the only parties and no provision of this franchise shall in any way inure to the benefit of any third person (including the public at large) so as to constitute any such person as a third party beneficiary of the agreement or of any one or more of the terms hereof, or otherwise give rise to any cause of action in any person not a party hereto. SECTION 10. AMENDMENT PROCEDURE. Either party to this franchise agreement may at any time propose that the agreement be amended to address a subject of concern and the other party will consider whether it agrees that the amendment is mutually appropriate. If an amendment is agreed upon, this Ordinance may be amended at any time by the City passing a subsequent ordinance declaring the provisions of the amendment, which amendatory ordinance shall become effective upon the filing of Company's written consent thereto with the City Clerk within 90 days after the date of final passage by the City of the amendatory ordinance. SECTION 11. PREVIOUS FRANCHISES SUPERSEDED. This franchise supersedes any previous electric franchise granted to Company or its predecessor. Attest: Passed and approved: City Clerk 50 of 63 6 2003. Mayor P Y Oak Park Heights Request for Council Action Meeting Date January 23rd, 2007 Time Required: 5 minutes Agenda Item Title: Visual Quality Manual — STH 36/ St. Croix River Crossing Project Agenda Placement New Business Originating Department/Requestor Mayor Beaudet Requester's Signature Action Requested Discuss VOM — Possible Action Background/Justification (Please indicate if any previous action has been taken or if other public bodies have advised): 51 of 63 t; Oak Park Heights Request for Council Action Meeting Date January 23rd, 2007 Time Required: 1 minute Agenda Item Title: Approve Salary Adjustment for Exempt Employees Agenda Placement Originating Requester's Signature Action Requested yApprovala�'y Adjustments for 2007 —See Below Background/Justification (Ple indicate if any previous action has been taken or if other public bodies have advised): Typically the City Council takes action on wage adjustments on an annual basis for exempt (non - represented employees). I would recommend the following rate adjustments for 2007, both amounts are capable to be absorbed into the 2007 budget: 1. City Receptionist (J. Johnson) — Increase 3 %. Essentially this is an inflationary adjustment and exactly mirrors the adjustments scheduled for represented employees. 2. Senior Accountant (G. Brunckhorst) — Increase 6 %. Please see analysis from Judy Holst, Finance Director. Generally, the purpose of the increase, above a 3% inflationary adjustment, is to account for the skill sets necessary to perform addition Information Tech. duties and the job description will be expanded to include these duties in more detail. With a 6% adjustment, this position will remain in line with similar positions in the east metro area with additional IT duties. I would like to additionally note that in the past the Senior Accountant position pay rate has been informally linked to the Public Works Foreman position. This adjustment would not apply to that PW position as that position is represented by AFSCME. 52 of 63 Memo v January 18, 2006 To: Administrator, Mayor & Council From: Judy Holst, Deputy Clerk/Finance Director Re: Senior Accountant 2007 Salary Increase When the City went through the process of creating the Accountant position, I reviewed the Senior Accountant position as well as my own in order to evaluate the tasks performed by the employees in the Finance Department. The Senior Accountant not only performs the job functions listed in the Senior Accountant job description, but also functions as a PC/Network Technician. This job classification provides maintenance support for our PC's and computer networks. He installs new upgrades for our software, installs new programs when necessary, troubleshoots e-mail problems and basic program problems. He researches and purchases new PC's and installs software and hardware for new PC's. TR Computer Systems is contacted for any major network problems, installation of new networks and installation of network hardware. The Senior Accountant position is a non-union position that mirrors the Public Works Foreman position in the AFSCME contract. The 2006 base pay was $51,836 per year, with incentive pay of 9%; his total annual salary was $56,501 per year. A 3% increase would increase his base pay by $1,695 to $53,391. With incentive pay of 9% his total annual salary would be $58,196. The total increase would be $1,695. Given the scope of the Senior Accountant's duties, I am requesting a 6 % salary increase for 2007 for the Senior Accountant position. This would increase his base by $3,110 to $54,946. With incentive pay of 9% his total annual salary will be $59,891. The total increase would be $3,390 per year. . There are sufficient funds in the Finance Department budget to cover this increase. Attached is a copy of the job description, last year's salary survey for the Advanced Accountant and PC/Network Technician positions and a current salary comparison of 2007 pay rates. 53 of 63 CITY OF OAK PARK HEIGHTS TITLE: SENIOR ACCOUNTANT/PAYROLL TECHNICIAN DEPARTMENT: FINANCE REPORTS TO: FINANCE DIRECTOR PRIMARY OBJECTIVE OF POSITION To provide clerical and administrative support to the Finance Director/Deputy City Clerk with billings, accounts receivable, collections, and other financial transactions involved with municipal financial operations. ESSENTIAL JOB FUNCTIONS 1. Record, maintain, balance and reconcile accounts payable, accounts receivable, payroll, utilities, and cash for City funds. 2. Prepares and codes invoices and enters into proper computer program. 3. Posts payments on accounts and maintains journal of loan payments. 4. Posts cash payments to proper account/ledger, prepares receipts and codes to proper fund for bills, permits, etc., and balances cash receipts. 5. Maintains fixed assets files. 6. Assist in preparation of Annual Financial Report. 7. May direct work of Accounts. 8. Performs general accounting procedures as directed by the Finance Director. 9. Performs other duties as apparent or assigned. These examples are intended only as illustrative of various types of work performed and are not all- inclusive. The job description is subject to change as the needs of the employer and requirements of the job change. KNOWLEDGE, SKILLS, AND ABILITIES 1. Knowledge of the principles and practices of fund accounting, auditing theories, budgets, and investments. 2. Knowledge of City ordinances and other legal requirements governing municipal operations. 54 of 63 3. Ability to read and interpret financial documents and invoices. 4. Knowledge of micro -computers, networking systems, financial software applications, and Microsoft Office. Provide technical maintenance support for PC's and/or computer network. Installs hardware, includinz peripherals. Load Programs and ,generally prepare systems for ADD ♦ users. Are specitacations for the purchase of PC type hardware and software and may contact vendors to obtain specifications and price quotations. May assist users with applications. 5. Ability to use ten -key for data entry. 6. Ability to communicate effectively and professionally with co-workers and members of the public. 7. Ability to establish and maintain effective working relationships with supervisors, co-workers, and members of the public. REQUIRED QUALIFICATIONS Bachelor's degree in accounting, business administration, finance or related field. 2. Three (3) years of progressively responsible financial experience. DESIRED QUALIFICATIONS Masters degree in finance, business administration, accounting or related field. 2. Five (5) years of progressively responsible experience with a municipal government or related agency. 55 of 63 _ O 0 +° O O CD co C 3 O V o O �. O v E a 0 o W i cli O_ y � p O C) LO Cl) m O O CD co O O 14 - (� %: V Q cm 0 o L) cli O_ y � Q (Q L W () O U 0 O 70 � � Na) F- O O Q Q E E W W U O m U) U a) m U)O H3 fA cti L— '— Un EA L O O O C) r- EO w () U Un O LOLO O V -C Q 0 i (D T O Q A V C U Q UY U N m E O d D 0 C 61) U� UA E C 0 70 Un N ~ O Q E W o o r �+ U (U O ti (O c�a c O E � U) � 0 U a 'a o = Q U) c cn L CD C14 �Q/ LL w 0- (n OO Q0- E W m O U U)O a) E W c0 a) U m d E 0 N Y U � = O Q O N " �r 61), U/) 0 0 4— C) M= '+— cz Cl) 000 O U 0 `M N V Q _ C/) Et} Efl _ O U U Q 0 O m C 4-- O a) C E C U c O O O O Un L m (L U) j O 56 jPf 6;EC: C: p O C) LO Cl) a) U) a) O� Q- E CD %: V Q cm aa)a i � O O E E E Q) a) W W () 'w 0 O 70 0 Na) F- O O Q Q E E W W U O m U) U a) m U)O U U (0 L EA (6 (D 0 U C) r- < Ul w () U Un p O C) LO Cl) U) (D O2 Q- E U) a) O� Q- E CD %: V Q cm O Q LO LO � O O E E E Q) a) W W () 'w � 0 Na) F- >, W d O m U) U a) m U)O m 'a () cn Efl EA Q Q o- r- O O .0 O V a 0 U T > cn = lr Q) ~ U Q UY U o Q W E U o Q W E U/) O R:d O d D 0 C 61) U� E E C 0 70 C� ~ O Q E W O Q E W �+ N Y C O ti (O a_ O U Q Ur a a) E U a) E U 'a o = Q EA c o N m U L CD C14 �Q/ LL w 0- (n OO Q0- E W m O U U)O a) E W c0 a) U m d E 0 N Y U � = O Q O N " �r 61), 60- p O W O CD U 0 � O O E E E Q) a) N () O a) � 0 (D >, O o O O O =c0 L Q Q o- r- E E E .0 w a 0 U uiw = cn = lr Q) ~ U Q UY U o Q W E U o Q W E U/) O R:d O d D 0 C 61) Qp I`4i 0 O U CL C F- ca _ v a. :D U C 0 �- ;�' _uj°' ; Job Summaries Page 1 of 1 Job Summaries Accountant - Advanced Job Level:Top non -supervisory accounting work. Minimum Qualifications: Bachelor's degree in Accounting, Finance, Business Administration or equivalent plus at least five years of experience OR equivalent. Typically possesses a CPA. Duties: Perform high-level accounting work in all areas of the department. Requires broad operations knowledge and ability to work independently. Directs special projects as scheduled or assigned. Close © 2004 The Waters Consulting Group, Inc. 57 of 63 http://www. surveynavigator.com/lmc/survey/salaries/j obsummaries. asp?JobTitle=SI 1/5/2007 Salaries Page 2 of 2 Accountant - Advanced Perform high-level accounting work in all areas of the department. Requires broad operations knowledge and ability to work independently. Directs special projects as scheduled or assigned. Search Results for Accountant - Advanced. No comparison salary provided. i Region. T N, 'if JS Mini ilurn 'f Un[on FLSA Reuorts fo 'fia��l vo Ada 1,667 Northwest Accounting Clerk 2 22,464.00 29,328.00 29,328.00 29,328.00 29,328.00 40 -N/A- Yes Yes City Clerk Treasurer 7/5/2006 Carver 1,801 Metro Bookkeeper 1 36,254.40 36,275.20 36,254.40 36,254.40 36,254.40 40 -N/A- Greater Yes No City Clerk 5/15/2006 Hastings 19,782 Metro ACCOUNTANT. 1 51,126.40 63,648.00 61,526.40 61,526.40 61,526A0 -N/A- Equal No Yes FINANCE DIRECTOR 4/25/2006 ADVANCED Hibbing 16,800 Northeast ACCOUNTANT 2 41,641.60 41,641.60 41,641,60 40 -N/A- Greater Yes Yes FINANCE DIRECTOR 4/10/2006 North Mankato 12,429 Southwest Senior Account 1 33,321.60 45,427.20 43,992.00 43,992.00 43,992.00 40 -N/A- No Yes Finance Director 4/12/2006 Clerk North St. Paul 12,273 Metro Accountant - 1 44,137.60 51,916.80 51,979.20 51,979.20 51,979.20 40 -N/A- No Yes Finance Director 4/27/2006 Advanced Oak Park 4,379 Metro Sr. Accountant 1 36,275.20 51,833.60 51,833.60 51,833.60 51,833.60 40 -N/A- Greater No Yes Finance Director 5/15/2006 Heights Robbinsdale 14,068 Metro Accountant 1 49,254.40 65,436.80 49,254.40 49,254.40 49,254.40 40 -N/A- Less No No Finance Director 5/9/2006 Rockford 3,738 Metro Administrative 1 37,356.80 57,990.40 43,326.40 43,326.40 43,326.40 40 -N/A- No Yes City Administrator 4/20/2006 Bookkeeper Rogers 5,580 Metro Accountant 1 42,099.20 51,355.20 49,795.20 49,795.20 49,795.20 40 -N/A- No Yes Finance Director 5/24/2006 Vadnais Heights 13,270 Metro Accounting 2 37,627.20 45,156.80 45,156.80 45,156.80 45,156.80 40 -N/A- No Yes Finance Director 5/15/2006 Technician West St. Paul 19,655 Metro Payroll Clerk 1 34,590.40 43,264.00 43,264.00 43,264.00 43,264.00 40 -N/A- Equal No Yes Finance Director 4/19/2006 Un -aged $38,591.56 $49,239.27 $45,612.67 $45,612.67 $45,612.67 -N/A- Average Aged Average $46,860.10 58 of 63 http://www.surveynavigator.com/lmc/survey/salaries/salaryresults_pf.asp?showfilter=true&PageNo=l 1/5/2007 Job Summaries PC/Network Technician Page 1 of 1 Job Level: Experienced technical support position with a specialization in PC's and/or computer network. Minimum Qualifications: Vocational/Technical degree, or equivalent, with two to three years of related computer experience. Duties: Provides technical maintenance support for PC's and/or computer network. Installs hardware, including peripherals. Loads programs and generally prepares systems for users. Prepares specifications for the purchase of PC type hardware and software and may contact vendors to obtain specifications and price quotations. May assist users with applications. Close © 2004 The Waters Consulting Group, Inc. 59 of 63 http://www.surveynavigator.com/lmc/survey/salaries/jobsummaries.asp?JobTitle=IN 1/5/2007 Salaries Page 2 of 2 PC/Network Technician Provides technical maintenance support for PC's and/or computer network. Installs hardware, including peripherals. Loads programs and generally prepares systems for users. Prepares specifications for the purchase of PC type hardware and software and may contact vendors to obtain specifications and price quotations. May assist users with applications. Search Results for PC/Network Technician. No comparison salary provided. 60 of 63 http : //www. surveynavigator. com/lme/survey/salaries/salaryresults_pf. asp?showfilter=true&PageNo=2 1/5/2007 'n�.a 2 iZ /;c;cr-.� z ar-.f f lour ',.,SA Rep ,$. i,, tf "rM.n:x� un I` ,.i<I-,'.0 2c„.3� E3_.ps .1u..i uiri ..., t_.�,I. A--.:Z�„0l ,aek .,df F.IatcF? ., 3c Hopkins 17,643 Metro PC Technician 1 35,900.00 48,514.00 42,835.00 42,835.00 42,835.00 -N/A- Equal No Yes MIS Director 5/3/2006 Waconia 8,018 Metro IT Technician 1 45,177.60 53,164.80 45,177.60 45,177.60 45,177.60 40 -N/A- Equal No Yes City Administrator 7/25/2006 West St. Paul 19,655 Metro IT Coordinator 1 51,670.00 64,588.00 56,645.00 56,645.00 56,645.00 -N/A- Equal No No Assistant City Mgr 4/21/2006 Un -aged Average $44,249.20 $55,422.27 $48,219.20 $48,219.20 $48,219.20 -N/A- Aged Average $49,436.38 60 of 63 http : //www. surveynavigator. com/lme/survey/salaries/salaryresults_pf. asp?showfilter=true&PageNo=2 1/5/2007 Oak Park Heights Request for Council Action Meeting Date January 23, 2007 Time Required: 3 minutes Agenda Item Title: City Code of Ordinances — Update CC 102 Master Fee Schedule Agenda Placement New Originating Requester's Signature Action Requested Consider A Amended CC 102 M, Background/Justification (Please indicate if any previous action has been taken or if other public bodies have advised): In May of last year, the City Council reviewed and adopted City Ordinance CC 102 -Master Fee Schedule which was created in such a manner that it could be revised on an as needed basis without re -adoption of the city code and/or publication. Generally, there are not significant changes or amendments. A table showing the changes is attached. The following summarizes the amendments being requested: Schedule of Fee Amendments: • Residential Re -Siding Permit • Residential Window Replacement • Tree Worker Contractor License • Residential AC Replacement • Residential Furnace & AC Replacement (Combined Installation) • Irrigation System Installations • Residential Water Heater Replacement • Met. Council S.A.C. From $75.00 to $75.50 (include From $50.50 to $75.50 From $25.00 to $30.00 From $$25.50 to $50.50 $75.50 $75.50 From $25.50 to $50.50 From $1,550 to 1,675 per unit (as directed by Met. Council) 50 state surcharge) • Hourly Rate for Services related to hourly Costs of employee service where noted in Fee schedule as a per hourly rate. From $55.00/hr to $60.00 (increase reflects 2007 actual cost avg.) • Tobacco Sales Should be $150 per year as approved by City Council. $100 printed to current schedule in error. • Police Reports Fee to be removed as per State Mandate. Currently noted at .03 per pg. • Water Usage Rates: Included to reflect quarterly rate increase ad approved by City Council on 12-28-06 Following your review staff recommends that the summary of fee amendments to CC -102 Master Fee Schedule be adopted and be incorporated within the fee schedule. The amendment to the schedule shall be published as required by law. 61 of 63 CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA ORDINANCE NO. 2007-102-01 AN ORDINANCE AMENDING CHAPTER 102 CODE OF ORDINANCES OF THE CITY OF OAK PARK HEIGHTS SPECIFICALLY RELATED FEE CHANGES THE CITY COUNCIL OF THE CITY OF OAK PARK HEIGHTS, WASHINGTON COUNTY, MINNESOTA, DOES ORDAIN: Section 1. Amendment. That Chapter 102 of the Code of Ordinances of the City of Oak Park Heights is hereby amended to add the following changes in fees, providing as follows: Schedule of Fee Amendments: • Residential Re -Siding Permit • Residential Window Replacement • Tree Worker Contractor License • Residential AC Replacement • Residential Furnace & AC Replacement (Combined Installation) • Irrigation System Installations • Residential Water Heater Replacement • Met. Council S.A.C. From $75.00 to $75.50 (include .50 state surcharge) From $50.50 to $75.50 From $25.00 to $30.00 From $$25.50 to $50.50 $75.50 $75.50 From $25.50 to $50.50 From $1,550 to 1,675 per unit (as directed by Met. Council) • Hourly Rate for Services related to hourly Costs of employee service where noted in Fee schedule as a per hourly rate. From $55.00/hr to $60.00 (increase reflects 2007 actual cost avg.) • Tobacco Sales Should be $150 per year as approved by City Council. $100 printed to current schedule in error. • Police Reports Fee to be removed as per State Mandate. Currently noted at .03 per pg. • Water Usage Rates: Included to reflect quarterly rate increase as approved by City Council on 12-28-06 Section 2, Effective Date. This Ordinance shall be in full force and effect from and after its passage and publication according to law. 62 of 63 Passed and adopted by the City Council of the City of Oak Park Heights, Washington County, Minnesota, on this 23rd day of January 2007. CITY OF OAK PARK HEIGHTS David Beaudet Mayor Attest: Eric A. Johnson City Administrator 63 of 63