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09-24-2013 City Council Packet
CITY OF OAK PARK HEIGHTS TUESDAY, SEPTEMBER 24, 2013 CITY COUNCIL MEETING AGENDA 7:00 P.M. 7:00 p.m. I. Call to Order/fledge of Allegiance/Approval of Agenda Estimated times 7:00 p.m. II. Council/Staff Re orts A. Mayor McComber B. Councilmember Dougherty C. Councilmember Liljegren D. Councilmember Runk E. Councilmember Swenson F. Staff • Recycling Award (1) 7:05 p.m. III. Visitors/Public Comment This is an opportunity for the public to address the Council with questions or concerns on issues not part of the regular agenda(Please limit comments to 3 minutes in length). 7:10 p.m. IV. Consent Agenda(Roll Call Vote) A. Approve Bills & Investments B. Approve City Council Minutes—September 10 2013 (2) C. Approve Kennel Permit Application Made by Steve Jelinek (3) D. Approve Resolution Declaring Surplus Property—Canon ImageRunner 5870(4) E. Approve Liquor License for The Noodle Shop, Co. —Colorado, Inc., d/b/a Noodles & Company(5) F. Approve 2013 —2014 Snow Plowing Agreement (6) G. Authorize Staff to Purchase New Fluoride Feed Equipment (7) H. Refund$500 Impact Fee to Woodbury Days Bike Ride Event (8) 7:10 p.m. V. Public Hearings None 7:10 p.m. VI. Old Business A. St. Croix River Crossing Update 7:15 p.m. VII. New Business A. Authorize the Initiation of Survey Work - 2014—2015 Street Reconstruction Projects (9) B. Wellhead Protection Plan—Part 2—Public Hearing (10) C. Street Reconstruction—Consider Initial Resolution (11) D. Authorize the Submission of Grantee Letter of Agreement Kaboom/Playful Cities Community Build Playground Grant(12) E. Consider Resolution of Support for Street Improvement Districts (13) Pagel of 92 Agenda September 24,2013 Page 2 7:45 p.m. VIII. Other Council Items or Announcements 7:50 p.m. IX. Adjournment Page 2 of 92 �• Oak Park Heights 1 Request for Council Action Meeting Date September 24, 2013 Agenda Item_ Recycling Award Time Req. 0 Agenda Placement Staff Reports Originating Department/Req estor dmiinistration/Jennifer Pinski Requester's Signatur Action Requested Receive Information Background/Justification(Please indicate any previous action has been taken or if other public bodies have been advised). See Attached. Page 3 of 92 _ 5 CITY OF y -' OAK PARK HEIGHTS {A 14168 Oak Park Boulevard No. • P.O. Box 2007 • Oak Park Heights, MN 55082-2007 • Phone:651/439-4439 • Fax:651/439-0574 e � September 16, 2013 Steve & Amy Volkman 5487 Oakgreen Place North Oak Park Heights, MN 55082 Dear Steve & Amy: 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, September 12, 2013, to determine if you had your recycling bin out with your regular garbage. Your recycling was out and ready for collection; therefore, you are one of this month's winners. Please contact me at 439-4439 to let me know your choice of award. On behalf of the Oak Dark Heights City Council, thank you for participating in the City's recycling program. Congratulations! ]en"hife� Pinski Deputy Clerk Tree City U.S.A. Page 4 of 92 Oak Park Heights 2 Request for Council Action Meeting Date September 24, 2013 Agenda Item A rove City Council Minutes—Se ptember 10, 2013 Time Req. 0 Agenda Placement Consent Originating Department/Requestor A Ufi tration/Jennifer Pinski Requester's Signature Action Requested Approve Background/Justification (Please indicate any previous action has been taken or if other public bodies have been advised). See Attached. Page 5 of 92 CITY OF OAK PARK HEIGHTS TUESDAY, SEPTEMBER 10, 2013 CITY COUNCIL MEETING MINUTES I. Call to Order/Pledge of Alle iance/A roval of Agenda: Mayor McComber called the meeting to order at 7:09 p.m. Present: Councilmembers Dougherty, Liljegren, Runk, and Swenson. Staff present: City Administrator Johnson, City Attorney Vierling, City Engineer Long, Public Works Director Kegley, and Finance Director Caruso. Absent: City Planner Richards. Mayor McComber added "Set Worksession for September 18 on Street Reconstruction"to Old Business as Item C. Councilmember Swenson, seconded by Councilmember Liljegren, moved to approve the Agenda as amended. Carried 5-0. II. Council/Staff Reports: A. Mayor McComber: She reported that the next Parks Commission meeting was set for September 16 with Parks Commission vacancy interviews at 6:00 p.m., a worksession at 6:30 p.m. at Cover Park, and the regular meeting at 7:00 p.m. She thanked staff and council for their work on Party in the Park. She reported that Shelby Zeuli was recognized as the winner of the new park name contest. McComber reminded residents that the Fall Clean-up was set for October 5, 2013 from 8:00 a.m. to 1:00 p.m. B. Councilmember Dougherty: He reported that the CVB meeting was set for Wednesday of that week. He thanked staff for their work on Party in the Park. C. Councilmember Lil'e en: He thanked staff for their work on Party in the Park. D. Councilmember Runk: He reported that the Planning Commission meeting was set for September 12 with a discussion on electronic signs. He thanked staff for their work on Party in the Park. E. Councilmember Swenson: He reported that the Cable Commission was still working on the franchise agreement. F. Staff. None III. Visitors/Public Comment: None IV. Consent A enda: Page 6 of 92 City Council Meeting Minutes September 10, 2013 Page 2 of 4 A. Approve Bills& Investments B. Approve City Council Minutes—August 27, 2013 C. AED Purchase Authorization& Pediatric/Youth Adaptor Keys D. Accept Stripe Right, Inc. Street Line Painting Proposal E. Authorize Safe Assure Contract Renewal F. Approve Resolution Authorizing Receipt of Donations and Directing Donations be Used for Party in the Park G. Approve Gambling Premises Permit Application Made by American Legion Post 491 for Gambling at the VFW Club 323 in Oak Park Heights Mayor McComber pulled Item F. Councilmember Swenson, seconded by Councilmember Dougherty, moved to approve the remainder of the Consent Agenda. Roll call vote taken. Carried 5-0. Mayor McComber noted that there was one additional donation made last minute by Valley Floral for the raffle. Mayor McComber, seconded by Councilmember Liljegren, moved to approve Item F of the Consent Agenda. Carried 5-0. V. Public Hearings: None VI. Old Business: A. St. Croix River Crossing Update: Jon Chiglo from the Minnesota Department of Transportation provided an update. Mayor McComber requested they post `No Parking' signs on the south frontage road by Club Tara. Chiglo reported he would look into the plans for signage in that area. Councilmember Swenson requested guardrails between Highway 36 and the frontage road from Club Tara to Beach Road. Chiglo stated that MNDOT tries not to use guardrails but would install them if necessary. He stated they would monitor that area. Swenson also requested trash receptacles be placed at the Scenic Overlook. B. St. Croix River Crossing—Sale of Lands to MNDOT (State): City Administrator Johnson reported that the State supplied an offer to the City for two parcels. Councilmember Runk, seconded by Councilmember Swenson,moved to follow the recommendations of staff. Carried 5-0. C. Set Worksession for September 18 on Street Reconstruction: Councilmember Runk, seconded by Councilmember Swenson moved to schedule a worksession for 5:00 p.m. on September 18. Carried 5-0. VII. New Business: Page 7 of 92 City Council Meeting Minutes September 10, 2013 Page 3 of 4 A. Schedule Public Comment/Hearing Meeting for Truth in Taxation: Councilmember Swenson, seconded by Councilmember Liljegren, moved to set the Truth in Taxation Hearing for December 10 at 7:00 p.m. Carried 5-0. B. Adopt Resolution Approving the 2014 Proposed Budget and General Fund Levies: Finance Director Caruso provided a summary of the preliminary budget. Councilmember Runk, seconded by Councilmember Swenson, moved to approve the Resolution. Roll call vote taken. Carried 5-0. C. Set 6:30 p.m. Worksession on 9/24/13 with Coalition of Utility Cities Staff Councilmember Swenson, seconded by Councilmember Liljegren, moved to set the worksession as requested. Carried 5-0. VIII. Other Council Items or Announcements Mayor McComber reminded everyone to take a moment to remember the anniversary of September 11. IX. Adjournment Councilmember Swenson, seconded by Councilmember Dougherty,moved to adjourn at 7:46 p.m. Carried 5-0. Attorney Vierling reported that there was a need for a closed session, so the Council needed to rescind their action on adjournment. Councilmember Runk, seconded by Councilmember Dougherty, moved to rescind the adjournment. Carried 5-0.3 X. Closed Session City Attorney Vierling reported that the City Council would go into closed session allowed under Minnesota Statute 13.d. to review real estate offers. He stated the session would be tape recorded and maintained for a period of two years. Councilmember Runk, seconded by Councilmember Swenson, moved to go into closed session. City Attorney Vierling reported that the City Council reviewed two parcels in their closed session. He stated that on the first parcel, identified as PIN 0402920230063, the City was contacted relative to a prospective sale. No action was taken as the Council was not interested in pursuing. Page 8 of 92 City Council Meeting Minutes September 10,2013 Page 4 of 4 He stated that on the second parcel which need not be identified, the council was updated and no action was taken as it was not necessary. XI. Adjournment Councilmember Runk, seconded by Councilmember Liljegren, moved to adjourn at 8:21 p.m. Carried 5-0. Respectfully submitted, Approved as to Content and Form, Jennifer Pinski Mary McComber Deputy Clerk Mayor Page 9 of 92 THIS PAGE IS INTENTIONALLY LEFT BLANK Page 10 of 92 r Oak Park Heights 3 Request for Council Action Meeting Date September 24, 2013 Agenda Item Approve Kennel Permit Application Made by Steve Jelinek Time Req. 0 Agenda Placement Consent Originating Department/Requestor Adminis tion/Jennifer Pinski Requester's Signature Action Requested Approve Background/Justification(Please indicate any previous action has been taken or if other public bodies have been advised). Steve Jelinek has filed an Application for Kennel Permit. He has provided the appropriate documentation and paid the filing fee. I recommend approval. Page 11 of 92 THIS PAGE IS INTENTIONALLY LEFT BLANK Page 12 of 92 Oak Park Heights 4 Request for Council Action Meeting Date September 24, 2013 Agenda Item Approve Resolution Declaring Surplus Property- Canon ImageRunner 5870 Time Req. 0 Agenda Placement Consent Originating Department/Requestor Administration/Jennifer Pinski e Requester's Signature Action Requested Approve Resolution Background/Justification(Please indicate any previous action has been taken or if other public bodies have been advised). The City of Oak Park Heights recently purchased a new copier, and would like to recycle its old copier. In order to dispose of it according to Minnesota Statutes, the item must be declared as surplus property. Page 13 of 92 RESOLUTION 13-09-35 CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA A RESOLUTION DECLARING CERTAIN PROPERTY SURPLUS TO THE NEEDS OF THE CITY OF OAK PARK HEIGHTS WHEREAS, the City of Oak Park Heights purchased a new multifunction copier/scanner/printer device in 2013; WHEREAS, the new multifunction copier/scanner/printer device was purchased to replace the Canon ImageRunner 5870 device that the City purchased in 2006; and WHEREAS, the Canon ImageRunner 5870 was in working order at the time of replacement; and WHEREAS, the City would like to donate the Canon ImageRunner 5870 to another governmental entity. NOW,THEREFORE BE IT RESOLVED, by the City Council for the City of Oak Park Heights, that the Canon ImageRunner 5870 is hereby declared surplus to the needs of the City of Oak Park Heights and shall be donated to another governmental entity in accordance with applicable law. Passed by the City Council of Oak Park Heights this l0a' day of September, 2013. Mary McComber ATTEST: Mayor Eric A. Johnson City Administrator Page 14 of 92 r Oak Park Heights Request for Council Action 5 Meeting Date September 24, 2013 Agenda Item Approve Liquor License for The Noodle Shop, Co.-Colorado, Inc., d/b/a Noodles &. Company Time Req. 0 Agenda Placement Consent Originating Department/Requestor Administration/Jennifer Pinski IJRequester's Signature Le - Action Requested Approve Background/Justification(Please indicate any previous action has been taken or if other public bodies have been advised). An application has been received from The Noodle Shop, Co. -Colorado, Inc., d/b/a Noodles & Company, for a liquor license at 13301 50'' Street North. All fees and information required per City Ordinance have been received, and the background investigation has been satisfactorily completed. I recommend approval of the liquor license. Page 15 of 92 THIS PAGE IS INTENTIONALLY LEFT BLANK Page 16 of 92 Oak Park Heights Request for Council Action 6 Meeting Date:_ September 24`x', 2013 Time Required: 1 minute Agenda Item Title: Approve 2013-2014 Snow Plowing_Agreement_ Agenda Placement: Consent Agenda Originating Departnent/Requ for ri ohnson City Administrator i Requester's Signature Action Requested Ap rove 2 -20 Snow Plowina Agreement Background/Justification 4/se indicate if an previous action has been taken or if other public bodies have advised): Memorandum To: Eric Johnson.Administrator Cc: Mayor and Council 1 Fron Andrew Kegley, Public Works Director Roe 2013-2014 Snowplowing Contract Raleigh Trucking is requesting the following increases over last year's contract 1. Increase the November; December,January,February and March standby fee from $1,600 to$1,800-- This is a one thousand dollar per year increase. 2. Increase the overtime rate form 10$per hour to$16 per hour. Over tine rates are addressed in section 7C-of the contract.The premium adjustment per hour per piece of equipment is made for hours worked between 12.00 AM to 12:00 midnight on Sundays and on the following holidays:Thanksgiving,Chricrnas and New Year nay. There are three occurrences Raleigh Trucking charged the O.T.premium in 2013 for a total of$677. Requested Action: Upon final review by the City Attorney and the City Administrator, authorize the City Administrator and the Mayor to finalize and execute the 2013-2014 Agreement for Roadway Snow Removal and Sanding with Raleigh Trucking. Page 17 of 92 CITY OF OAK PARK HEIGHTS AGREEMENT FOR ROADWAY SNOW REMOVAL AND SANDING Snowplowing Season: Approx. October 2013 through AprfEl 2014 1. PURPOSE/INTENT A. Roadway Sanding and Snowplowing The purpose of this agreement provides the City of Oak Park Heights(hereinafter City)and M.J. Raleigh Trucking, Inc. (hereinafter called Contractor)with a mutually acceptable agreement to provide planned and emergency scheduled roadway sanding and snowplowing operations on local City streets and roadways within the City of Oak Park Heights,Minnesota. B. Routes "A"Priority Routes identify high priority roads and slopes of concern;"B"Priority Routes identifies all other streets and areas.All routes become the Contractor's responsibility for sanding and snowplowing operations under the terms and conditions of this agreement. (Routes are depicted in"Exhibit A"as attached. "A"and"B"routes are provided only as a reference to the location and approximate scope of the services required under this agreement.) The City reserves the right to expand,decrease or modifies the designated routes without prior written notice to the Contractor and without affecting any condition or provision contained within this agreement,including rates or compensation.Additional services shall be based on established rates. C. Administration This agreement shall be entered into with the City of Oak Park Heights, administered by the Public Works Director and under the direct operational supervision of the Public Works Director or his assigns. D. Roadway Sanding and Snowplowing Policies (1) The City's policy requires the sanding of all local streets,roads and cul-de-sacs whenever weather conditions make driving conditions hazardous. Sanding will be required during storms to maintain passable roadways and safe intersections.Following winter storms sanding operations will be coordinated with snowplowing operations. (2)The City's snow removal policy requires the removal of snow from face of curb(F-F)of ALL local streets,roads and cul-de-sacs after the accumulation of two(2)or more inches of snow.All Routes are to be completed within approximately S hours of notification. "A"routes are always a priority and also shall be completed by 6:00 am. following an overnight stone. Per City Ordinance,no parking is allowed on public streets between 1:00 a.m.and 6:00 a.m. (3)Cul-de-sac snow removal will be by"wasting"to all properties within the cul-de-sac and leading to the cul-de-sac.Stock piling for later removal will only be performed under the direction of the City,when snowfall conditions are extreme. Page 1 of 9 2013-2014 Snowplowing Contract Page 18 of 92 (4)Sanding operations shall normally utilize a minimum of 15%salt/sand mixture. E. Scope of Operations The Contractor shall provide a minimum of one(1)piece of equipment to perform the entire sanding operation.Minimum equipment required is a single axle dump truck with a 5 yard capacity sand spreader.Additional pieces of appropriate equipment may be used by the Contractor for any or all sanding operations with prior written approval of the City. The must Contractor provide a minimum of two(2)pieces of equipment to perform the entire snow removal operation. Wheel loader type equipment is preferred for"wasting"snow on cul-de- sacs.Additional pieces of equipment appropriate for each Route shall be used by the Contractor for any or all snow removal operations with prior written approval of the City. In all cases the Contractor shall provide adequate equipment to meet the specific scope and parameters as stated in this agreement including completing full snow removal within the 8-hour requirement. 2. LENGTH OF AGREEMENT A. This agreement shall be a singular annual agreement limited to the snow removal season commencing October 2013 through April 2014 inclusive. The Contractor shall be prepared for snow events during these months. B. This agreement may be terminated for good cause,including failure to perform in accordance with paragraphs agreement,by the City during the agreement period,subject to written notice being delivered by registered mail sent to the Contractor at the address referenced on the Proposal form. C. The City does not guarantee a minimum number of work hours for any sanding or plowing operation or duration of the agreement. 3. EQUIPMENT A. Dump Truck Trucks shall be a minimum single-axle,dual rear wheel drive,26,000 G.V.W.vehicle equipped with a minimum 5 yard capacity sander and a front-end plow with a minimum length of 10.0'. If the optional wing plow is used,it shall have a combined moldboard width of 18.0'. B. Wheel Loader Wheel loaders shall be a rubber tired,articulated type having all-wheel drive and powered by an engine with a manufacturer's rating of at least 95 brake horsepower. It shall be equipped with a front bucket with a minimum of 2.5 cubic yards or a plow with a minimum width of 10.0 feet.An optional wing plow shall be equipped with"floating"down pressure. Page 2 of 9 2013-2014 Snowplowing Contract Page 19 of 92 C. Motor Grader Motor graders shall be an articulated type with a minimum 4-wheel drive powered by an engine with a minimum manufacturer's rating of at least 125 horsepower. It shall be hydraulically operated with a moldboard of 14.0'in length.If used in conjunction with the optional wing plow, it shall have a combined minimum width of 21.0'. D. Accessories& Safety Equipment All vehicles shall be properly equipped and outfitted to meet all Iocal,county, state or federal laws required for on-the-road emergency snow removal operations.They shall provide the operator with full visibility in all directions and shall have a back-up warning system.The operator's cab shall be fully enclosed and property equipped with all equipment necessary to allow the efficient and safe operation of that vehicle.The City reserves the right to reject at any time, without notice to the Contractor,any vehicle that does not appear to comply with all rules or regulations required for over-the-road snow removal operations. Rejection of vehicle acceptability will also take into consideration the condition and limitations of operation of the vehicle or its accessory equipment. E. Vehicle Designation/Replacements Upon request,the Contractor shall provide to the City a copy of their certificate of title which includes the vehicle identification number(if available)and license plate number to the City within ten days of the request.After inspection by the City,those vehicles acceptable for performance under this contract will be verified by the City.Except for emergencies,any planned substitution or replacement of previously approved equipment shall require prior written approval by the City. 4. OPERATION&MAEMNANCE A. QW rator The Contractor shall ensure that the operator provided with each piece of equipment is fully trained and properly licensed with the State of Minnesota to operate the bid vehicle or any anticipated replacement. The Contractor shall make every effort possible to ensure that the same operators perform the sanding and plowing operations during the length of the agreement. B. Parts&Fuel The hourly rates contained herein shall cover all costs,all operation and maintenance expenses including but not limited to fuel,lubricants,supplies and support services,taxes,surcharges,etc. It shall also include depreciation on the vehicle and related equipment including the repair, maintenance and replacement of all materials and supplies including cutting edges and tire chain cross links.It shall also include all labor,tools and equipment necessary for making any and all repairs or replacements which may be necessary to keep and maintain the machine and all parts thereof in proper and safe working order and serviceable repair. Page 3 of 9 2013-2014 Snowplowing Contract Page 20 of 92 C. Storag The Contractor shall assume all responsibility and costs associated with maintaining proper and necessary protection/shelter/storage for both the vehicle and operator. 5. HOURLY RATES A. Operators All hourly rates quoted shall include full operation by a qualified operator. B. Quantities All rates quoted shall be on an hourly basis and shall be rounded to the nearest 0.25 (quarter) hour. C. Premium/Overtime No premium calculation or additional adjustment shall be given to the rates quotes for any hours worked regardless of day,date,time of day or consecutive hours worked in any given sanding operation or calendar week unless specifically provided for in the agreement under Section 7C. D. Nonproductive/Downtime The hourly rate shall be paid for the actual number of hours the machine is operated under the direction of the City.The City shall not be responsible for payment for any time taken for rest or meal breaks. However,the City will recognize payment for routine maintenance and emergency repairs or adjustments necessary to keep the machine properly operating. However, limited accumulated delay time for which payment will be made shall not exceed ten(10.0)percent of the actual working time required for any single snow event. This allowance shall be provided for only those pieces of equipment previously approved by the City for required sanding and snowplowing operations under this agreement. 6. PERFORMANCE REQUIREMENTS A. Personnel The Contractor shall provide the City with the name,address and active cellular telephone number(s)for at least two designated contact personnel responsible for insuring response to the City's request for services. The Contractor shall ensure that at least one of the contact persons is available and accessible 24 hours per day,seven days per week. B. Response Time The Contractor shall be able to respond and begin sanding operations within one(1)hour and no later than three(3)hours from the start time requested by the City for any given sanding or plowing request. The Contractor shall be able to respond and begin snow removal operations within two(2)hours and no later than four(4)hours from the start time requested by the City for any given snow removal request.The Contractor shall ensure that the equipment and operator are ready and able Page 4 of 9 2013-2014 Snowplowing Contract Page 21 of 92 to continuously provide snow removal services through the completion of the routes designated in the attached exhibits as directed by and to the satisfaction of the City. In all cases,the Contractor shall ensure that the equipment and operator are ready and able to continuously provide services through the completion of the routes designated in the attached exhibits and as directed by and to the satisfaction of the City.The Contractor shall not allow any given operator to work more than 16 consecutive hours without an eight hour break.The contractor is responsible for providing replacement personnel if operations require more than 16 consecutive hours of operation.The I6 consecutive hours shall include all operations by the equipment operator,whenever under the City contract,operations under other contracts held by the Contractor,or by other employees of the operator. C. Down Time The Contractor shall ensure that all equipment provided is maintained in a proper manner and condition to minimize required maintenance or emergency repairs during the performance of sanding operations.If,once commencing a sanding operation,a piece of equipment becomes disabled and non-functioning for a period of three(3)consecutive hours,the Contractor shall provide a satisfactory replacement vehicle and operator if necessary at no additional cost to the City.The Contractor shall immediately notify the City if it cannot meet the requirements of this agreement due to disabled equipment or for any other reason. D. Communications The Contractor will maintain communications with the City through cellular phones at no cost to the City. The Contractor shall ensure that the operator maintains full availability for communication at all times during the operations.The Contract will maintain continuous communications with their operators such that directions from the City can be passed to the operators in a timely fashion. E. Authori /Direction The Contractor and his designated operators shall respond to all directions given by the City in a positive,courteous and timely manner during the sanding and snow removal operations. The City reserves the right to reject any piece of equipment or operator from continued or further engagement of services due to incompetence or insubordination or inability of the piece of equipment to function properly for the requested services.The Contractor shall begin the sanding and snow removal operations at a designated point and follow a specific progression as direction by the City. F. Law Obedience The Contractor and his designated operator shall be responsible for their actions and compliance with all regulatory laws and ordinances governing the operation of the machine while performing sanding operations for the City. Page 5 of 9 2013-2014 Snowplowing Contract Page 22 of 92 G. Performance Bond or Cash Deposit The Contractor shall provide and maintain a performance bond or cash deposit in a manner acceptable to the City in the amount of$5,000 for the duration of this agreement. The City shall not file against or use this performance bond or cash deposit for any issue or matter not relating to nonperformance or noncompliance with this agreement. H. Non Performance The Contractor shall waive any and all objections,rights to objections and claims for additional compensation,damages or loss of revenue resulting from work performed by the City either prior to,during or after any scheduled or emergency operation in lieu of these contractual services as may be necessary due to non performance or excessive delays of the Contractor. I. Property Damage The Contractor shall be responsible for any and all damages to private as well as public property (including public utilities)due to its own or its employee's negligence in performing of this contract operations. 7. COMPENSATION A. Payment Schedule All pay requests must be prepared and submitted by the Contractor as verified and approved by the Public Works Director.All pay requests so received and approved by the Public Works Director shall be processed and payment made by the City not less than 15 nor more than 30 days after receipt. B. Down Time No payment shall be made for any nonproductive or down time exceeding 10%of any singular operation.Compensable time shall include all time spent performing the sanding and snow removal operations subject to the exclusions identified herein and shall include travel time to and from the Contractor's base of operations or City limits,whichever is the shorter distance. C. Penalties and Bonuses A premium adjustment of$16.00 per hour per piece of equipment will be made for each hour worked between the hours of 12:00 a.m.to 12 midnight on Sundays and the holidays of Thanksgiving,Christmas,and New Years Day_ S. INSURANCE/LLABILITY/CLAIMS A. Indemnification The Contractor indemnifies,saves and holds harmless the City and all of its agents and employees of and from any and all claims,demands,actions or causes of action of whatsoever nature or character arising out of or by reason of the Contractor's performance under this agreement.It is hereby understood and agreed that any and all employees of the Contractor and all other persons employed by the Contractor in the performance of services under this agreement,required or provided for hereunder by the Contractor shall not be considered employees of the City and that Page 6 of g 2013-2014 Snowplowing Contract Page 23 of 92 any and all claims that may or might arise under the Workers Compensation Act of the State of Minnesota on behalf of said employees while so engaged in any and all claims made by any third parties as a consequence of any act or omission on the part of said Contractor's employees while so engaged in the performance of these services,to be rendered herein by the Contractor shall,in no way,be the obligation or responsibility of the City. B. Insurance The Contractor shall,at his sole cost and expense,carry and maintain general and public liability and property damage insurance coverage of$600,000 for any one accident and$1,000,000 aggregate protecting the Contractor,his employees and the City against any and all claims of any kind or character whatsoever arising from damage,injury(including bodily injury or death) caused by or arising from the operation and use of the machine at the request of the City. Such insurance shall be in full force and effect during the time that the machine is operated at the request of the City. Such insurance policy shall provide for a minimum of 30 days written notice to the City Clerk of cancellation,non-renewal or material change of the required insurance coverage. The requirement and approval of this insurance by the City shall not in any way relieve or decrease the liability of the Contractor. It is expressly understood that the City does not in any way represent that the specified limits of liability or coverage or policy forms are sufficient or adequate to protect the interest or liabilities of the Contractor. Copies of the insurance certificates shall he filed with the City on execution of this agreement. C. Lepliance The Contractor agrees to comply with all State and Federal laws and local ordinances governing the employment of personnel including,but not limited to,Minnesota Statute Section 181.59 relating to discrimination in employment,and Section 290.07 requiring the certification of income tax withholding. D. Claims The Contractor agrees to process and resolve all claims submitted by affected property owners of the City of Oak Park Heights in a timely manner. 9. AGREEMENT APPROVAL CONSIDERATIONS A. Selection The City reserves the right to retain the services of the Contractor who,in the opinion of the City, can best provide the services requested under this agreement.Consideration shall be given to hourly rates,availability and condition of equipment,competency of operators,previous experience,response time and specific pieces of equipment so quoted. B. Combination of Quatations The City reserves the right to select any combination of equipment quoted for services requested in entering into this agreement.Only one hourly rate will be considered for each machine, but consideration will be given to any other rate or combination of rates not called for in this proposal if it is in the best interest of the City. Page 7 of 9 2013-2014 Snowplowing Contract Page 24 of 92 10. PROPOSED RATES The"Schedule of Prices",attached as Exhibit B for each machine the Contractor proposes to furnish and such quotation shall be an hourly rate and it shall constitute a formal agreement between the Contractor and the City with no finther revisions,addenda or exceptions acknowledged unless previously noted in writing and agreed upon.All required performance bonds, insurance certificates and additional requested information shall be submitted in a form acceptable to the City prior to the execution of the agreement by the City. 11. ADOPTED BY REFERENCE OF PROPOSAL The attached proposal of"schedule of prices"and description are adopted by reference as part of this agreement. 12. RECORD DISCLOSURE/MONITORING PROCEDURES Pursuant to Minnesota Statues§ 1613.06,Subd.4(1990),the books,records,documents and accounting procedures and practices of the Contractor relevant to the Contract are subject to examination by the contracting agency and either the Legislative Auditor or the State Auditor as appropriate.Contractor agrees to maintain these records for a period of three(3)years from the date of the termination of this Agreement. 13. EQUAL EMPLOYMENT OPPORTUNITY-CIVIL RIGHTS A. During the performance of this Agreement,the Contractor agrees to the following:No person shall,on the grounds of race,color,religion,age,sex,disability,marital status,public assistance status,creed,or nation of origin,be excluded from full employment rights in,participation in,be denied the benefits of or be otherwise subjected to discrimination under any and all applicable federal and state laws against discrimination including but not limited to the Civil Rights Acts of 1964.Upon request the Contractor will furnish the City all reports required by the Secretary of Labor,the Minnesota Department of Human Services for the purposes of investigation to ascertain compliance with such rules,regulations and orders. The provisions of Minnesota Statutes§ 18 1.59,(or subsequent amendments)regarding non-discrimination and violations related there from are incorporated in this paragraph by reference as an obligation of the Contractor. B. If during the term of this contract or any extension thereof,it is discovered that the Contractor is not in compliance with the applicable statues and regulations or if the Contractor engages in any discriminatory practices,then the City may cancel this agreement as provided by the cancellation clause. Page 8 of 9 2013-2414 Snowplowing Contract Page 25 of 92 IN WITNESS WHEROF,the parties have set forth their hands and seals this day of 2013. CONTRACTOR—M.J.RALEIGH TRUCKING,Inc. By: Mr. Mike Raleigh Notary for Contractor's Signature: CITY OF OAK PARK HEIGHTS By: Mary McComber-Mayor Date By: Eric Johnson—City Administrator Date Notary for City: Page 9 of 9 2013-2014 Snowplowing Contract Page 26 of 92 SCHEDULE OF FEES 2013/2014 SNOW PLOW CONTRACT EQUIPMENT RATES CITY OF OAK PARK HEIGHTS Unit Hourly Equipment Standby No. Type of Equipment Year Rate Fee Limited t 12G Cat grader w/wing 1986 $130.05 ynlrr 720A Champion grader w/wing 1991 $130.05 120 Cat grader w/wing 1998 $130.05 November, 950E Cat loader w/ 12' plow 1999 $123.81 December,January, 9506 Cat loader w/ 12' plow 1989 $123.81 February and March 980F Cat loader w/7 yard bucket 1979 $123.81 980E Cat loader w/6 yard bucket 1977 $123.81 Four Pieces of 545 Ford Tractor w/ 11' plow 1998 $108.20 equipment at$450 97 Mack Tandem w/12' plow and sander 1994 $86.35 each 93 Mack Tandem w/ 12' plow and sander 1993 $86.35 Monthly Fee =$1,800 MATERIAL COSTS Type of sand $/ton Total standby fee = Sand (No salt) NA Sand/15%salt $19 00 $9,000 for contract Sand/20%salt $21.00 Sand/25%salt $24.00 5%salt/10% liquid $24.00 Salt/No sand $70.00 Other NA Page 27 of 92 THIS PAGE IS INTENTIONALLY LEFT BLANK Page 28 of 92 Oak Park Heights Request for Council Action Meeting Date: TuesdaSeptember 2.4, 2013 Agenda Item : Replace Fluoride Feed System Time Req. 1 Minute Agenda Placement: Consent Originating Department/Request Public Works, Andy Kegley, Public Works Director Requester's Signature Action Requested: Authorize S aff to Durchase,new fluoride feed a ui ment Background/Justification(Plej indicate any previous action has been taken or if other public bodies have been advised). Please see attached memo. Page 29 of 92 City of Oak Park Heights 14168 Oak Park Blvd N.•Box 2007•Oak Park Heights,N4N 55082•Phone(651)439-4439•Fax 439-0574 Memorandum To: Eric Johnson, Administrator Cc: Mayor and Council From: Andrew Kegley, Public Works Director Date: 09/10/13 Re: Fluoride System Replacement The City adds fluoride to the drinking water as required by MN Statute 144.145. The current fluoride feeding equipment is ageing and should be replaced before it fails. To that effect, I have obtained a quote from the City's chemical supplier to provide the equipment to replace the fluoride equipment in both well houses. During budget discussions in 2012, 1 estimated that equipment replacement would cost approximately $7,000. The Council at that time immediately allocated funds to replace the system; however the work was not completed in 2012 due to time constraints. The allocated funding was carried over to the water fund for 2013. Hawkins Inc provided a quote of$7,336.12 excluding tax to supply the fluoride system equipment and assist P.W. staff with installation and commissioning. With tax, the total cost is $7,833.88. Recall, $23,000 was allocated for three (3)projects: Installation of a chlorine system, Replacement of the fluoride system, and installation of an A.C. unlit in well # 2. To date the Chlorine system is installed; the expenditure was $8,661.15. P.W. staff will replace failed vents in the well house # 2 and place a de-humidifier in the pump room. An A.C. unit may not be necessary if the room can be cooled with proper ventilation. TREE CITY U.S.A. Page 30 of 92 EAWKINS, I NC. WATERTREATMENTGRoup 3000 East Hennepin Avenue Minneapolis, MN 55413 612-331-9100 Fax-331-1851 July 30, 2013 The City of Oak Park Heights, I would like to offer you our pricing on chemical feed equipment for Hydrofluosilicic Acid. I included electronic scales for better readings, but are not mandatory. Hydrofluosilicic Equipment 4- LMI 24 GPD pumps for Hyrdofluosilicic acid (2 pumps at each well house.) Hawkins product # 409077-$1,100.00 each 2- Brake Tank Boxes. Hawkins product # 415130- $138.00 each 4- Pump Shelves 10"X10.5" white PVC Hawkins product #415135- $67.64 each 2- 165 gallon tank, with fittings and dip legs. Hawkins product #412353- $394.78 each 2- 165 gallon containment basin 42L42W22D- $750.00 each Hawkins product #31716 1-miso parts, tubing.-$100.00 TOTAL-$7,336.12 Force Flow Electronic Monitor and Scales 1-Solo G2 Digital Indicator dual channel,Lcd display. Adjustable 4-2OMa outputs with key pad operations. Have up to two scales monitored- $1,855.00 1-Chemical Scale 30"X30", Tuf-coat Stell Platform, 20001b. Capacity.-$2,085.00 each TOTAL( for one Indicator and one scale): $4,140.00 These products would be delivered to you by Hawkins. Please let me know if you have any questions. Thank you for the opportunity to quote you. Matt Dunsmore Technical Sales Representative Hawkins Water Teatment Group 612-655-7105 matt.dunsmore@hawkinsine.com Page 31 of 92 Fiouride Equipment Quote- Hawkins, INC. Equipment Qnty Unit Price Total LMI 24 GPD Pumps 4 $1,100.00 $4,400.00 Brake Tank Boxes 2 $138-00 $276.00 Pump shelvs -PVC corrosion resitant 4 $67.64 $270.56 165 Gallon Hydrofluositic acid tank 2 $394.78 $789.56 165 Gallon Containment tank 2 $750.00 $1,500.00 Tube and misc fittings for tanks 1 $100.00 $100.00 Sub Total $7,336.12 Tax @ 6.785% $497.76 FTOtal $7,833.88 Page 32 of 92 s_ 8 Oak Park Heights Request for Council Action Meeting Date September 20 2013 Time Required: 1 minute Agenda Item Title: Refund $500 Im act e o Woodbury Days Bike Ride Event Agenda Placement Consent nda j Originating Department/ que Johnson, City Administrator Requester's Signatur Action Requested d X010 Im act Fee to Woodbury Days Bike Ride Event Background/Justif cati n(P ase indicate if any previous action has been taken or if other public bodies have advised): The Woodbury Day ke Ride Event has requested a refund of their$500 Impact Fee as it relates to their rece August 24th Bike Ride Event through the City. This Event was brought to the City with short notice and was processed administratively consistent with past practices and agreements. There were no known issues with the event and the group was well coordinated. Staff does recommend the refund of the$500.00 Impact Fee as the organization has provided a copy of the 501 c 3 designation and the funding raised is used to support a benevolent project known as Woodbury Days Festival which attracts people to Woodbury. (perhaps similar the City's Party in the Park), but certainly not intended for an underlying for- profit endeavor. Page 33 of 92 CITTOF Woo u ry 8301 Valley Creek Road • Woodbury, Minnesota 55125-3300 • www.ci.woodbury.mn.us 651/714-3500 • TDD 651/714-3568 • FAX 651/714-3501 September 16,2013 City of Oak Park Heights 14168 Oak Park Blvd.N Box 2007 Oak Park Heights,MN 55082 Oak Park Heights City Council Members, The Woodbury Days Bike Ride Event Directors and participants would like to thank the City of Oak Park Heights for allowing the event access and use of Oakgreen Ave.N. in Oak Park Heights for the 60 mile bike route on Saturday,August 24.This short section of road,in Oak Park Heights,proved to be a critical part of the 60 mile route. While working with Washington County and local communities throughout the spring and summer,we realized that many of the local construction projects would have a serious impact on the event. That proved to be very true as planning proceeded throughout the summer. A special thank you to Eric Johnson for working with me directly as the event quickly approached and route plans were finally approved by Washington County and the City of Oak Park Heights. Mr.Johnson's help and understanding with the route approval process was greatly appreciated. This year was the 15a'Annual Woodbury Days Bike Ride and the first time the event traveled through Oak Park Heights. The Woodbury Days Bike Ride is a community event that attracts over 350 participants each year. Families,recreational riders and bike enthusiasts of all ages and abilities participate,in this fun event,and have their choice of three different route options including a 10,30 or 60 mile route.The event is part of the Woodbury Days Festival that takes place in late August each year. The Woodbury Days Council is the non-profit organization that oversees the event with support from City of Woodbury staff. The Woodbury Days Council uses the event to help subsidize the Woodbury Days festival and also provide a community event that attracts participants from Woodbury,the Twin Cities Metro area and beyond. It's a wonderful event that has a strong tradition and showcases the beautiful East Metro and St. Croix River Valley communities. I understand that the City of Oak Park Heights has a Special Event Policy in place to control events and activities that take place in the city.As a City of Woodbury parks and recreation employee I can very much appreciate the policy. I'm requesting that the city consider returning the$500 deposit check to the Woodbury Days Council. The Woodbury Days Bike Ride is a community event and not a large scale fundraiser and as you may appreciate,this additional expense will greatly impact the event's bottom line. If you have any questions on the event or my request,please feel free to contact me directly. I'm open to further discussion as needed and am hopeful that you will understand and approve my request. Thank you very much for your time and consideration. Sincerely, Reed Smidt Event Director Woodbury Days Bike Ride 651.714.3588 rsmidt ci.woodbu .mn.us Helpful • Effective •Looking Ahead •Professional Page 34 of 92 AGREEMENT CITY OF OAK PARK HEIGHTS—WOODBURY DAYS COUNCIL—FU_N_ _RIDE - PERNIT TERMS AND CONDITIONS THIS AGREEMENT is made this ZD day ofAuLa 2013 between the CITY OF OAK PARK HEIGHTS, Washington County, Minn so ty' and the Woodbury Days Council,("WDC') RECITALS 1. 60 Mile Bike Ride Event. The City hereby authorizes WDC to organize and conduct a 60 Mile coordinated Bicycle Ride (the "Event" that will pass through the City upon certain City trails and right-of-ways held in conjunction with the Woodbury Days Event.The event will be held on August 24",2013. 2. Route. (See Map—"Exhibit A") No route deviations shall occur in the City without the prior approval of the Chief of Police.The WDC agrees that the number of Race and activity participants for all races will be limited to a total of 150 participants. 3. Traffic Control Points. The intersections of all streets and roads on the I Route within the City of Oak Park Heights shall not be controlled by City forces. At no � time shall my roadways or trails be closed to the travelling public. The snap on Exhibit A � shall clearly depict all road and trail crossings. All participants must strictly follow the rules of the mad.. The City makes no obligation or representation that any such street or public way is suitable for this event. I 4. Garbage and &ubbish Re oval. All garbage and refuse generated by the Event including any left by spectators, will be removed properly and disposed of by sundown on the day of the event by the WDC. The WDC will be responsible to reimburse the City for any subsequent cleaning determined to be necessary by the City as a result of f the Race. i 5. Closing of the Course. There shall be no closure of any City right-of way, E roads, trails or other public ways without the further written consent of the City. This Agreement does not authorize or convey any exclusive access to City trails or roadways, at all times these facilities shall be open to the general public. 6. The WDC shall provide a letter of information to area property owners advisee them of the upcoming events and what the may ex to see in the area for the 8 p B Y Y 1?� event as well as the hours anticipated for the general Woodbury hays Bike Ride event. A copy of this communication shall be supplied to the City prior to August 19',2013 and the City shall provide a mailing list to the WDC. 7. lrisurance Hold Harmless, and lndemni . The WDC agrees to indemnify and hold harmless the City with regard to any claims, causes of action or demands that Page 35 of 92 might be brought against the City arising out of the events authorized by this Agreement. The WDC shall also indemnify and hold harmless the City with regard to any claims, causes of action or demands that might be brought against the City from any participants of this event. 8. Police Poy�g.. The Chief of Police or his designee will be contacted directly 14 mutes prior the start of the event. The WDC event coordinator shall maintain on his person a working cell phone with the phone number of 651-714-3588 so that the City may contact such person at any time. C 74:3 9. Use of City Parks. WDC may separately request in writing the use of various City Parks during set up, execution of the Race, and tear-down. The City shall endeavor to facilitate such use subject to prior reservations of record and in all situations; use of City park and shelters shall operate under City Ordinances and shall remain open to the public. 10. City Costs. WDC is responsible to ensure that the City is reimbursed for all costs incurred by the City to allow such Race,including but not lirnited to City Police Department,Public Works Department,and Fire Department and as needed to safely conduct and maintain the event. A refundable cash deposit of$1,000.00 and the$500 impact fee (unless specifically waived by the City Co�cil)must be made to the City by WDC no later than August 10,2013.This amount shall serve as a security to the City and shall be reimbursed to WDC at such time WDC pays to the City all costs incurred by the City and/or penalties due The City shall invoice WDC within 60 days of the Race for all City costs incurred for the Race. 11. Term. The term of this Agreement is for six-months unless terminated earlier by the City. Notwithstanding the conditions as outlined in Section 12,the City may terminate this Agreement for just cause as determined by the City Council and with 10 days written notice. 12. Compliance. Failure on the part of WDC to comply with specific provisions of this Agreement,including the providing of the preparatory documents and actions may result in the City implementing monetary penalties in the amount of$200.00 for each violation and/or the City's revocation of permission to hold this race within the I City. The City will provide written notice to WDC for each violation and will bill WDC for such j violation.The City may also conclude,through the decision of the Chief of Police that WDC has not provided the required documentation in the required timelines the City may then revoke the permission to hold the race within the City limits,as determined by the Chief of Police.It remains WDC's sole responsibility to provide the required documents in a fashion wholly consistent with the dates stated in this Agreement. s 2 Page 36 of 92 13. Insurance. WDC shall provide the City proof of liability insurance in an amount not less than$1,000,000 and such document shall name the City as an additionally insured,This document shall be supplied to the City not later than August 19th, 2013 14. Emergency Plan. WDC shall have in place a comprehensive Emergency plan that addresses issues related to injury, evacuation, communication,and other relatable emergency protocols for such event. WDC shall supply a copy of this document to the City not later than August 19th,2013 and shall be affixed here to as"Exhibit B". 15. City Commitments. The City of Oak Park Heights has not committed any speeiffic reso=cs to benefit or assist in this Event.City patrol officers shall be on standard patrol duty throughout the City. The WDC takes and assumes full responsibility for any emergency operations, required escort, .special patrol or other public safety presence requested as part of the Event though the City. IN WrINESS WHEREOF, the parties have set their hands effective the day and i year first written above. i Woodbury Days Council is llama Janecbeck President STATE OF MINNESOTA ) )0 COUNTY OF WASH[NGTON ) The foregoing instrument was acknowledged before use tbiso th day of August, 2013, by l�iL�F 4 liam we g& ,the �P i%zmr- _v the duly authorized agent for the WDC. CAROLAMEMM I �ry� Notary Public City of Oak Park Heights Mary McComber,its Mayor ATTEST: Eric Johnson, Its City Administrator r 3 SGN � � t+�e- Page 37 of 92 13. Insurance. WDC shall provide the City proof of liability insurance in an amount not less than $1,000,000 and such document shall name the City as an additionally insured. This document shall be supplied to the City not later than August 19th, 2013 14. Emergency Plan, WDC shall have in place a comprehensive Emergency plan that addresses issues related to injury, evacuation, communication, and other relatable emergency protocols for such event. WDC shall supply a copy of this document to the City not later than August 19th, 2013 and shall be affixed here to as"Exhibit S". 15. City Commitments. The City of Oak Park Heights has not committed any specific resources to benefit or assist in this Event. City patrol officers shall be on standard patrol duty throughout the City. The WDC takes and assumes full responsibility for any emergency operations, required escort, special patrol or other public safety presence requested as part of the Event though the City. i fN WITNESS WHEREOF, the panties have set their hands effective the day and year first written above. Wo ol ury Days Cc ncil g y I Its _'rher sa_lanecheck,President STATE OF MINNESOTA ) I O I COUNTY OF WASHINGTON ) J The foregoing instrument was acknowledged before me this _th day of August, 2013, by I the ,the duly authorized agent for the WDC. I r Notary Public City o nk Park A ig is '7 C. er, s ayor ATTE ri W O 0 , Its City d inistrator 3 E Page 38 of 92 STATE OF MINNESOTA } ss i COUNTY OF WASHINGTON ) i E The foregoing ftmtnment was acknowledged before me this day of August,2013, by Maty # McComber,Mayor,and Eric Johnson,AdmWstrmr,for the City of Oak , ights. I I clu"Pulil c MARY SEIGER IMAM PUBLIC•MUEOrA w cwwissim E*w&A s1,2W8 i I 4 i Page 39 of 92 i Exhibit A Route Map j I I E J Page 40 of 92 �.. ... ,. . Catholic Church LOO fake Lily Lake Elementary School ' surffis FA, r"no �n Benson Park deans SI E � .,.., :. Fairview.—' Sca rtlC Cemetery. Overlook t r r I Y 1..f Zz 4 . Cover park 58th Si h9=7- - m OAK n = 8th 5t t=iGr A uluinn Njjjs Park r: r Area Brekke Park .pool ` Minnesota �Perrr���of CoIrectional Fability-Oak - • Parka Heights � Eaypon 'if�jia ? r Mopagement Area A& G7 �i S Y ti uT N el.l 3 ILf��e�f;a1r ! t' CL dd C� vV J5 ii :,I.Nom. ........l.,..,.,{'sk 40th .Si,N g...►�..::ns.s;Erp"W's ' h " v�- � - rouG� ;f; �Ja 9 t;' ge 41 of 92 Exhibit B Emergency Plan i i i i 6 Page 42 of 92 August 24th,2013 W DBURY 151"Annual DAYS Bike Ride 60 Mile Route Emergency Action Plan—Oak Park Heights,MN • Road marshalls, rest stop attendants and route sweepers will all have cell phone communication with the event director throughout the entire event • Road marshalls, rest stop attendats and route sweepers will have first aid kits with them at all times • Weather will be monitored before and during the event and communicated to all riders participating in the event • Park shelters in Oak Park Heights will be identified and communicated to the WDBR participants in case inclement weather travels through Washington County while the riders are in or around Oak Park Heights • Participants will also have contacts that they will be able to call to check an weather conditions during the event • The event will be cancelled or delayed as needed if severe weather is approaching or in Washington County • Any delays will still follow the alotted time that the County has approved for this event. If the delays are longer than expected, routes will be cancelled as needed • Riders will have the ability to get transport back to Woodbury if they are having mechanical problems or are unable to continue along the route for any reason • Rest stops will have bike mechanic support available to riders.All rest stops will be supplied with food and drink and first aid kits "rx#,jsfr Page 43 of 92 Client#: 3069 WOOD BDAY DATE IMMIDDIYYYY) ACORD, CERTIFICATE OF LIABILITY INSURANCE 8116/2013 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT:If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed.If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement.A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). PRODUCER -CONTACT :NAME: D_Ebbie Johnson _ Haas&Wilkerson Insurance PHONe g13 432 4400 FA` 913 749-4868 4300 Shawnee Mission Parkway -MAIL Iwc,Na): y ADDREss: debbie.johnson @hwins.com Fairway, KS 66205 - - . .... ._. 913 432-4400 INSURER(S)AFFORDING COVERAGE NAIC p INSURER A:ACE American Insurance Company 22667 INSURED INSURER B Woodbury Days Council — .............._.....__.._.._._._. - P.O.Box 25042 — -- INSURER C: -- --`-----—_----- Woodbury, MN 55125 INSURER D INSURER E: INSURER f COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. -- --- INSR '---'ABD SUBRF -. POLICY EFF I POLICY FICA..'.-. ..-. . . ... LTR TYPE OF INSURANCE gR Wyr� POLICY NUMBER ____ MMIDWYYYY i MMIDDfYYYY LIM[T 3 A GENERAL LIABILITY I G2147082A 041291201310412912014,EACH OCCURRENCE _!$1{000_1000 _ X COMMERCIAL GENERAL LIABiLITY i DAMAGE 1S°RENTED Our nce $500,000 CLAIMS-MADE 17k OCCUR j ':MEDEXP(Anyoncperson)- $(=XCLUDED _ �._r T --- _- _-- -- J PERSONAL&ADV INJURY $1,000,000 GENERAL AGGREGATE _ $5,000,000 GFN'L AGGREGATE LIM11T APPLIES PER: PRODUCTS-GOMPlOP AGG $S,ODD,DDD T� POLICY !PRO- LDC i $ --- - A AUTOMOBILE LIABILITY l H08155380 4/29/2013 04129l2D14 c°M9IN3 0 SINGLE LIMIT 1 DDD ODO I _ ANY AUTO BODILY INJURY(Per person) 5 ALL OWNED 'SCHEDULED } -- AUTOS 3 AUTOS BODILY BODILY INJURY(Per accident) $ X HIRED AUTOS 'X NON-OW NEU I I PROPERTY DAMAGE $ AUTOS I Per accideni - EXCESS LlAB OCCUR i EACH OCCURRENCE i 3 SS LIAR CLAIMS-MADE 'AGGREGATE -_._ �_- - DED RETENTION 5 ! $ I I i WORKERS COMPENSATION I WC STATU �OTH i AND EMPLOYERS'LIABILITY YIN ANY PROPRIETOR MARTNEFUEXECUTIVE El EACH ACCIDENT $ OFFICER'MEMSER EXCLUDED? ��(Mandatory In NH) l E.L.DISEASE-EA EMPLOYEE $ If yes.describe under E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS below A Liquor Liability I G2147082A 412912013104/2912014 $1,000,000 Occurrence $1,000,000 Aggregate I DESCRIPTION OF OPERATIONS f LOCATIONS/VEHICLES(Attach ACORD 101.Addillonal Remarks Schedule,if more space Is r"uired) Governmental Entity(Form CG20261LD-22318) The certificate holder is named as an additional insured on the general liability policy but only with respect to liability arising out of the named insured's operations or premises owned by or rented to the named insured perform CG20261LD-22318. CERTIFICATE HOLDER CANCELLATION City of Oak Park Heights SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE y g THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 14168 Oak Park Blvd N ACCORDANCE WITH THE POLICY PROVISIONS. Stillwater,MN 55082 AUTHORIZED REPRESENTATIVE ©1988-2070 ACORD CORPORATION.All rights reserved. ACORD 25(2010105) 1 of 1 The ACORD name and logo are registered marks of ACORD #S 159543IM146155 JOHN D Page 44 of 92 August 24th,2013 August 19, 2013 W D B U RY 75Annuai DAYS Bike Ride Residents of Oak Park Heights, This coming Saturday, August 24, 2013 will be the 15th Annual Woodbury Days Bike Ride (WDBR). Each year this event travels throughout Washington County navigating county and city roads along with various bike routes to create 10, 30 and 60 mile route options for the participants. This year has proven to be challenging with several road construction projects scheduled throughout Washington County. Due to the Highway 36 construction between Oak Park Heights and Stillwater, the Woodbury Days Bike Ride's 60 mile route has been required to use a section of road that travels through Oak Park Heights. The WDBR organizers have been working with county and city officials to make sure that the route is acceptable and approved.This letter is to inform all residents that the WDBR event will be happening this Saturday morning,August 24. • Riders will be traveling north from 40th St. N./Olinda Blvd on Oakgreen Ave. N.through Oak Park Heights • All riders must follow the rules of the road including all traffic signs and stoplights. • All riders will be riding single file along this stretch of road that travels through Oak Park Heights • Riders will be present from approximately 8:00 a.m.through 11:00 a.m. • Automobile traffic in the area should not be impacted, roads will not be closed and drivers will be able to travel through Oak Park Heights along Oakgreen Ave. N. as usual. Event signs will be posted prior to the event and removed immediately following If you have any questions on this event or would like more information, please feel free to contact the event director, Reed Smidt,at 651-714-3588 or email rsmidt ci.woodbur .mn.us. Thank you in advance for allowing this long standing community event the opportunity to travel through Oak Park Heights, MN. We greatly appreciate it! Sincerely, Reed Smidt Woodbury Days Bike Ride Director Page 45 of 92 WtonPublic Works Department g LDonald J.Theisen,P,F. County Director ��� Wayne H.Sandberg,P.E. Deputy Director/County Engineer August 15, 2013 City of Woodbury Reed Smidt 8301 Valley Creek Road Woodbury, MN 55125 Dear Reed: Enclosed is the approved Obstruction Permit for the Woodbury Days Bike Ride to be held August 24, 2013 from 7:00am to 3:00pm. • Woodbury Police Department and Washington County Off Duty Deputies will be stationed throughout the route including the intersections of. o TH5 and Lake Elmo Avenue 0 30th Street and Manning Avenue © St Croix Trail &Afton Boulevard • Event signage"Event in Progress"will be allowed for event period only. • Bike Riders shall use the shoulder of the roads and trails where available. • All riders must obey all applicable laws concerning bike riding/racing. • Special Provisions for events are attached_ Please feel free to give me a call at 651-430-4313 with any questions. Si rely, L 1 4a.'-'IW407-L_ C of Vanson Public Works C: Amy Larsen —Washington County Sheriff's Office 91660 Myeron Road North,Stillwater, Minnesota 55082-8573 Phone: 651-430-4300 • Fax: 651-430-4350 • TTY: 651-430-6246 www.co.washington.mn.us Equal Employment opportunity/Affirmative Action Page 46 of 92 i gt01] WASHINGTON COUNTY PUBLIC WORKS DEPARTMENT i'J-Permit No.� /v u —I 111660 ` piu 11660 Myeron Road forth Stillwater, Minnesota 55082 County Road_4&4M41 Phone: (651)430-4300 a Fax, (651)430-4350 Permit Fee Q APPLICATION FOR OBSTRUCTION PERMIT _. ........,... .......... .. MUST BE REGISTERED WITH WASHINGTON COUNTY TO OBTAIN PERMIT Marne of Applicant Address phone { $3n} U,IIW_ CarcG�L Qd Fax(,5 1�. J��� �•i�� RegletrsUonff 1� IZ II.Obstruction Information Portion of RM1 being obstrucled: ❑ odving Lane a PaMng Lanelshoulder ®SMawalklPath Ill,Hours of Obstruetton/Evont 2: AM to 3'00 PNi Dates of Obstruction 2-L. _ 3 IV, obstmolon Description a Cp n Cr-► 2 d'O [trt��G'1�.C� `fr Cy rr Attach Dotal led Site Drawing or Route Map e—U I •C Lo 3 IA e Pro V cv( V.Will Detouring of Traffic be Necessary? is Yes jKuo If Yea,a tfamc control plan must ba submitied certificate of insurance If Applleable The applicant shall provide insurance which will indemnify Washington County and its employees In amounts of at least s5oo,ow per Injury and$1,600,0W per Occurrence, Ins Cc A e- CO Polley# ce, 1 T It. (1)(We)the undersigned, herby apply for a permit from Washington County for the above.(t)(We)understand and accept the terms and condiRions of this permit Including the Washington County Right of Way Ordinance#188 and all other regulations of Washington County and any Special Provisions attached to the permit, The applicant shat#comply with all applicable laws and ordinances,codes, and regulations of other governmental agencies.On completion of an Installation,persons doing such work must notify the Washington County Engineer that work has been 6ornpleted and Is ready for inspection and acceptance. Data Applicant signatu FOR OFFICE USE ONLY In accordance with this application an Obstruction Permit with Special Provisions attached Is granted to the applicant to: APPROVED AulhodzedS"lizoWarrirp{on Coualy Puiilcwnrn Dapatm-N to R:%TRAFFICIForznslObstruellonPermR doe Rev sad b•2a12 Page 47 of 92 WASHINGTON COUNTY PUBLIC WORKS DEPARTMENT 11660 MYERON ROAD NORTH STILLWATER MN 55082 PHONE 651/430-4300 FAX 6611430-4360 SPECIAL PROVISIONS FOR EVENTS PARADES MARATHONSI HELD ON WASHINGTON COUNTY ROADS 1, Obstruction Permit is required. Provide a detailed map of the area affected by the event. Include all relief stations and structures for the participants. 2. Federal Law effective 11/112008 requires that a "Class 2" safety vest must be worn by anyone working in roadways open to traffic, Including event volunteers. 3. Event Coordinator shall provide a traffic control plan, if applicable,which must conform to the requirements of the MN Manual on Uniform Traffic Control Devices. 4. Traffic shall only be stopped by Law Enforcement. Volunteers may assist and guide participants throughout the route but shall not direct vehicle traffic. 6. Event Coordinator may be required to contact Amy Larsen @ 430-7906 at the Washington County Sheriff's Office to arrange for the presence of law enforcement officers. Please call 2.3 weeks in advance for scheduling. 6. Event Coordinator must get MnDOT approval for any signs in MnDOT Right of Way,even if such signs are required as a permit condition by the County. 7. Event Coordinator must contact local communities affected by the event. 8. A copy of Certificate of Insurance must be faxed to Washington County Public Works at 6611430-4350 prior to permit approval. 9. The use of spray paint on roadways, telephone poles and sidewalksltraiis is prohibited, with the exception of temporary chalk-based material. All temporary signage for event will be allowed for event period only. Permanent road signage , including but not limited to speed limit signs and directional signs,shall not be removed or covered with event signage. 10. Event Coordinator shall be responsible for clean up of litter following the event. R%Perm ftfformsl$pecfal Prov for Fvenl Parades,marallons I I.doc Page 48 of 92 Internal Revenue Service Department of the Treasury Director,EC Rulings&Agreements P.O.Box 2508 Cincinnati, 01145201 Employer Identification Number: 41-1290261 Date:March 7,2005 Document Locator Number: 17053-057-80506-5 Toll Free Number: 877-829-5500 WOODBURY DAYS COUNCIL FAXNumber: 513-263-3756 PO BOX 25042 WOODBURY, MN 55125 i i a i I I Acknowledgement of Your Request We received your Form 8734,Support Schedule for Your Advance Ruling,or other information regarding your public support status. Wben communicating with us,please refer to the employer identification number and document locator number shown above. Your tax exempt status under section 501(c)(3)of the Internal Revcnue Code remains in effect. What Happens Next? The information you submitted was entered into our computer system at our processing center in Covington,Kentucky, and has been sent to our Cincinnati office for initial review. We approve some cases based on this review. If this is the case,you will receive a letter stating that you are a publicly supported organization. i If the review indicates that additional information or changes are necessary,your case will be assigned to an Exempt Organization Specialist in Cincinnati who will call or write you. We assign cases in the order we receive them. If the additional information indicates that you meet one of the public support tests,you will receive a letter stating that you are a publicly supported organization. If the public support tests are not met,we will send you a letter re-classifying you as a private foundation, That letter will tell you why we believe you do not meet the public support tests,and will include a complete explanation of your appeal rights, How long will this process take? Normally,you may expect to hear from us within 120 days. If you do not,you may call our toil free number between the hours of 8:30 a-m.and 5:30 p.m.Eastern Time. Please have your identification numbers available so that we can identify your case. If you would rather write than call,please include a copy of this notice with your correspondence. i Notice 3369(cg)-(Rev. 1212000) Page 49 of 92 INTERNAL, REVENUE SERVICE P. C. BOX 2508 DEPARTMENT OF THE TREASURY CINCINNATI , OH 45201 Employer Identification Number: Date: 41-1290201 DLN: 17053195018020 WOODBURY DAY'S COUNCIL Contact Person: i PO BOX 25042 DAVID AGUILERA ID# 75887 WOODBURY, rN 55125 Contact Telephone Number: i (877) 829-5500 Accounting Period Ending: December 31 Foundation Status Classification: Advance Ruling Period Begins : July 7, 2000 Advance Ruling Period Ends : December 31 , 2004 Addendum Applies : No Dear Applicant: Based on information you supplied, and assuming your operations will be as stated in your application for recognition of exemption, we have determined you are exempt from federal income tax under section 501(a) of the Internal Revenue Code as an organization described in section 501(c) (3) . Because you are a newly created organization, we are not now making a final determination of your foundation status under section 509(x) of the Code. However, we have determined that you can reasonably expect to be a publicly supported organization described in sections 509(a) (1) and 170(b) (1) (A) (vi) . Accordingly, during an advance ruling period you will be treated as a publicly supported organization, and not as a private foundation. This advance ruling period begins and ends on the dates shown above, Within- 90 days after the end of your advance ruling period, you must send us the. information:needed to determine whether you have met the require- ments of the applicable support- test during the advance ruling period. If you establish that you have been a publicly supported organization, we will classi- fy you as a sectitan. 509(a) (1) or 509(a) (2) organ izafio'ri as long. as S>ou continue to meet the requirements of the applicable support. �t-es't-': ' If you, do not meet the public support requirements dur�rr the:, advance ruling .period, we will classify you as a; _pr.ivate ..i.?oundation for future periods. Also, if we classify you as a private 'foundatioh;'`we will treat you as a private foundation from Your beginning date for purposes of section 507,(d)_ and 4840 . Grantors and contributors may -rely on our determination that you are not a private foundation -until 90 .days aftei,.- the `edd of your advance ruling period. If you send us the requ-ired information within the. 90 days, grantors and contributors may continue to rely an the advance determination until we make Letter 1045 (DO/CG) Page 50 of 92 -2- i IVOODBURY DAYS COUNCIL i a final determination of your foundation status. If we publish a notice in the Internal Revenue Bulletin stating that we will no longer treat you as a publicly supported organization, grantors and contributors may not rely on this determination after the date we publish the j notice, In addition, if you lose your status as a publicly supported organi- ' .zation, and a grantor or contributor was responsible for, or was aware of, the act or failure to act , that resulted in your loss of such status, that person may not rely on this determination from the date of the act or failure to act. Also, if a grantor or contributor learned that we had given notice that you would be removed from classification as a publicly supported organization, then that person may not rely on this determination as of the date he or she acquired such knowledge. ff you change your sources of support, your purposes, character, or method of operation, please let us know so we can consider the effect of the change on ! your exempt status and foundation status . If you amend your organizational document or bylaws, please send us a copy of the amended document or bylaws. Also, let us know all changes in your name or address . i As of January 1 , 1984 , you are liable for social security taxes under the Federal Insurance Contributions Act on amounts of $100 or more you pay to ' each of your employees during a calendar year. You are not liable for the tax imposed under the Federal Unemployment Tax Act (FUTA) . Organizaiions that are not private foundations are not subject to the pri- vate foundation excise taxes under Chapter 42 of the Internal Revenue Code. However, you are not automatically exempt front other federal excise taxes . If you have any questions about excise, employment , or other federal taxes, please let us know. Donors may deduct contributions to you as provided in section 170 of the Internal Revenue Code. Bequests, legacies, devises , transfers , or gifts to you or for your use are .deduc.td.ble for Federal estate and _gift tax -purp.o-ses if they meet the applicable provisions of sections 2055, 2106, and 2522 of the Code, Donors may deduct contributions to you only to the extent that their contributions are .gifts , with no cansJderation received . Ticket purchases and similar payments in conjunction with fundraising events may not necessarily qualify as deductible contributions , depending on the circumstances . Revenue Ruling 67- 246, published in Cumulative Bulletin 1967-2 , on page 104 , gives guidelines regarrting when taxpayers may deduct payments for admission to, or other participation in, fundraising activities for charity. Contributions to you are deductible by donors beginning July i , 2000. You are not required to file Fora 990, Return of Organization Exempt From Income Tax, if your gross 'receipts each year are normally $25,000 or less. If you receive a Form 990 pac%age in the mail, simply attach the label provided, check the box _Ln the heading to indicate that your annual gross receipts are normally $25,000 or less , and sign the return. Because you will be treated as Letter 1045 (DO/CG) Page 51 of 92 _3- I 3 WOODBURY DAYS COUNCIL i if i a public charity for return filing purposes during your entire advance ruling period, you should file Form 990 for each year in your advance ruling period that you exceed the $25 , 000 filing threshold even if your sources of support do not satisfy the public support test specified in the heading of this letter. I I If a return is required, it must be filed by the 15th day of the fifth month after the end of your annual accounting period. A penalty of $20 $ day is charged when a return is filed late, unless there is reasonable cause for the delay, However, the maximum penalty charged cannot exceed $10 , 000 or 5 percent of your gross receipts for the year, whichever is less. For organizations with gross receipts exceeding $1,000,000 in an is $100 y Year, the penalty per day per return, unless there is reasonable cause for the delay, The maximum penalty for an organization with gross receipts exceeding $1 ,000, 000 shall not exceed $50,000. This penalty may also be charged it a return Is not complete. So, please - be sure your return is complete before you file it . You are not required to file federal income tax returns unless you are subject to the tax on unrelated business income under section 511 of the .Code, If you are subject to this tax, you must file an income tax return on Form 990-T, Exempt Organization Business Income Tax Return. In this letter we are � not determining whether any of your present or proposed activities are unre- lated trade or business as defined in section 513 of the Code. You are required to make your annual information return, Form 990 or Form 990-EZ, available for public inspection for three years after the later of the due date of the return or the date the return is filed. You are also required to make available for public inspection your exemption application, any supporting documents , and your exemption letter. Copies of these documents are also required to be provided to any individual upon written or in person request without charge other than reasonable fees for copying and postage. You may fulfill this requirement by placing these documents on the Internet. Penalties may be imposed for failure to comply with these requirements . Additional information is available in Publication 557, Tax-Exempt Status for Your Organization, or you may call our toll free number shown above, You need an employer identification number even if you have no employees. If an employer identification number was not entered on your application, we will assign a number to you and advise you of it. Please use that number on all returns you file and in all correspondence with the Internal Revenue Service. . i You have agreed on your application for exemption under section 501(c) (3) of the Code that your exemption is effective July 7, 2000, the date your completed application was filed. If we said in the heading of this letter that an addendum applies, the addendum enclosed is an integral part of this letter, Because this letter could help us resolve any questions about your exempt Letter 1045 (DO/CG) Page 52 of 92 w -4- I WOODBURY DAYS COUNCIL status and foundation status , you should deep it in your permanent records. If you have any questions, please contact the person whose name and telephone number are shown in the heading of this letter. I Sincerely yours, I Steven T. Miller Director, Exempt Organizations Enclosure(s) : Form: 872--C i Letter 1045 (DO/C(;) Page 53 of 92 THIS PAGE IS INTENTIONALLY LEFT BLANK Page 54 of 92 9 Oak Park Heights Request for Council Action Meeting Date September 24, 2013 Time Required: 5 Minutes Agenda Item Title: Au horize the initiation of Survey ork—2014-2015 Street Reconstruction Projects Agenda Placement New Business Originating Department/Request r' n Ci ty Administrator Requester's Signature t Action Requested Disc�Z ion Possible Action Background/Justification(Plea indicate if any previous action has been taken or if other public bodies have advised): The City Engineer is seeking permission to initiate survey work for the 2014-15 Street Reconstruction projects. This will facilitate a better timeline towards ensuring bids are prepared to be let in February and so that survey work does not generally coincide with snow conditions. Please see his attached memo. Recommendation: This request should be approved up to $10,004 if the City Council does adopt the previous resolution to move forward with the Street Reconstruction project. These costs were anticipated and funding would be from the Street Reconstruction Fund. Page 55 of 92 Stantec Consulting Services Inc. 2335 Highway 36 West St. Paul MN 55113 Tel: (651)636-4600 Fax: (651)636-1311 Stantec September 19, 2013 Mr. Eric Johnson City of Oak Park Heights 14168 Oak Park Blvd. N. P.O. Box 2007 Oak Park Heights, MN 55082 Re: Street Reconstruction— Preliminary Survey Authorization Request Stantec Project No.: 193801994 Dear Eric: As discussed, we are requesting to receive authorization to begin some preliminary survey work for the upcoming street reconstruction project. By beginning this work now, we can avoid the winter elements which will expedite our work. This will allow us to get a head start on design work and ensure we meet the proposed project Schedule of bidding in February of 2014. We are requesting authorization in the amount of up to $10,000 to begin the preliminary survey work. The scope of this work includes providing survey elevation and coordinate shots of utility structures, streets, right of way trees, driveways, signs, and all other items that will be within the street corridor which are needed for design purposes. The authorization amount will only cover the initial costs to begin this work, but will allow us to start earlier and stay on project schedule. If you have any questions or require further information please call me at (651)604-4808. Sincerely, STANTEC a-�� Go. Chri stopher W. Long, P.E. The undersigned hereby consents to the Contract as noted above and attached to Stantec Consulting Services Inc. City of Oak Park Heights Cc: Andy Kegley, Betty Caruso—Oak Park Heights; Jason Petersen, Brad Reifsteck, Rohini Ray, Lucas Miller— Stantec. Page 56 of 92 10 Oak Park Heights Request for Council Action Meeting Date September 24th, 2013 Time Required: 5 Minutes Agenda Item Title: Wellhead Protection Plan—Part 2—Public Hearin Agenda Placement New Business Originating Department/Requ for E 'c J son Cjjy Administrator Requester's Signature Action Requested Set Public H ' n ellhead Protection Plan—Part 2—for Nov 26th 2013 --7pm. Background/Justification(Please indicate if any previous action has been taken or if other public bodies have advised): The City has completed the draft of the Phase 2 of the Wellhead Protection Plan. The City is now required to hold a public hearing on the data and report. The enclosed Stantec letter proposes a Nov26th, 2013 meeting as the Nov 12th meeting has been cancelled and on Nov 5`h there will be an election. Page 57 of 92 Stantec Consulting Services Inc. 2335 Highway 36 West 5t. Paul MN 55113 Y Tel: (650) 636-13i1 Fax: (65 ) standec Date: September 9,2013 To: Keith Buttleman, Metropolitan Councigdministrator Molly O'Rourke,lNashington County Jay Riggs,Washington Conservation District Logan Martin,City of Bayport Kim Points,City of Grant Dean Zuleger,City of Lake Elmo Larry Hanson,City of Stillwater Connie Fredkove,Baytown Township Kathy Schmoeckel,Stillwater Township Karen Kill, Browns Creek Watershed District Mikael isensee,Middle St.Cr Wa atersh Di Management Organization Dave Bucheck,Valley B Robyn Hoerr,Minnesota Rural Water Assoo±ation John Freitag,Minnesota Department of Health Trudi Witkowski,Minnesota Department of Health Re: Part 2 Wellhead Protection Plan,City of Oak Park Heights Park Hei hts,we are supplying the attached draft Wellhead Protection R .prP,4720 5350 subpart On behalf of the City of Oak Pa 9 Minnesota Wellhead Protection Rule P public and overiapping l°cal units of government,as required by from adverse health effects associated with Cit s W eilhead Protection Plan is to prevent human adverse contaminants from entering e 1.The goal of the y' water supply weils and to protect all who use the City's water supply groundwater contamination. local units of government ha According the Minnesota Wellhead Prot ve 60 days to provide any comments you may have on or before November 10,2013 ection Rule 4720.5350,subpart 2; Please use this address when providing comments. review and comment s o t ocervinplan. the plan)-k that you p (or within 60 day Eric Johnson,City Administrator City of Oak Park Heights � s 14168 Oak Park Boulevard North during the Oak Park Heights,MN 55052-2007 ou wish Park Heights will also be holding a public hearing n egarding the wellhead p0°ection plan. It y Tuesday,November The City it Oak nc g and will invite comments are invited public do so. regular City Council meeting) to attend and provide your comments at that time,y actin the attached CD-ROM,please contact Mark Janovec at Stantec at(651}604-4831• if you have any trouble re g ark Heights'wellhead protection orts. Thank you for your assistance with the City of Oak Pron e Sincerely, Stantec Consulting Services,Inc. J/ 4z Mark Janovec,PG Project Manager 651-604-4831 Cc: Eric Johnson, City of Oak Park Heights Andrew Kegley, City of Oak Park Heights Page 58 of 92 r � ry x � � o yx � � C) w N z CA iv +, ,y tv � a ,ti oe v a +. a w h, •. 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' we e a 'm a g � sg La� � � �•�` <e3 eoa ,200 '- �• �° � ,� �'n a ay n'"� c n•� £ : — ion •t 0.a. � R w qy p e u a�.�,� °q o y � � o. �,� �, � ° •S _°!figg �e•n H5 n y' ° ' w 5 S H s - Page 73 of 92 n 0 o z z a � � a z n z 0 ti z n c 0 m 0 Z 1 s N Ti A Page 74 of 92 '� 11 Oak Park Heights Request for Council Action Meeting Date September 240', 2013 Time Required: 5 Minutes Agenda Item Title: Street Reconstruction—Consider Initial Resolution Agenda Placement New Business Originating Department/Re e to 11c Johnson Cily Administrator Requester's Signature Action Requested A r esolution Background/Justification lease indicate if any previous action has been taken or if other public bodies have advised): As Mayor and Council is aware, Staff has developed a resolution and general cost structures that would facilitate the reconstruction of various roadways and their related utilities in the City during 2014 /2015. The resolution attached outlines the general parameters and protocols under which the project would continue to proceed and how the City would begin to communicate with neighborhoods and impacted property owners. In order to move forward so that the project can proceed in a timely fashion,the resolution should be adopted as presented. Page 75 of 92 RESOLUTION A RESOLUTION BY THE CITY COUNCIL FOR THE CITY OF OAK PARK HEIGHTS RELATING TO GENERAL PARAMETERS FOR THE NECESSARY STREET RECONSTRUCTION PLANNED FOR 2014 AND 2015 Whereas, the City of Oak Park heights has numerous lane miles of streets that are in need of major repair and replacement, specifically in Areas B, C, D & E as shown on the Plan Map attached hereto as Exhibit A; and, Whereas, the related curbing and storm water management systems are also in need of major repair or replacement; and, Whereas, many of the City's underground sanitary and water utility systems are approaching the end of their useful life and should be updated in conjunction with any major street reconstruction so as to avoid duplicative and costly re-excavation and restoration; and, Whereas, The City Council for the City of Oak Park Heights has carefully considered several options for managing and funding the execution of each of the above elements so that costs are viable and equitable based on long-term investment; and, Whereas, there is additional discussion and public dialogue needed the following directives are provided to the City Staff so that costs and options may be further refined so that an informed future decision can be made by the Council. 1. All streets planned to be reconstructed shall not be enlarged or reduced in width unless necessary for functionality and as determined by the City Council on a case-by-case basis. 2. All streets planned to be reconstructed shall have new concrete curbing placed along each side of street. Curbing is anticipated to be of 136-18 standard design, non-surmountable; or shall be a surmountable curb where desired by the City Council and which will be identified by the City as the project progresses. Asphaltic/bituminous curbing shall not be installed. 3. All water mains shall be replaced in Areas C, D & E, and shall change from cast iron to ductile iron. Except for approximately 400' of cast iron pipe on the western end of Upper 55"' street which shall be replaced with ductile iron, Area B generally contains ductile iron water Page 76 of 92 main and does not need replacement at this time. None of these costs shall be directly assessed. 4. For the purposes of planning all cost estimates shall assume a 20% replacement on sanitary lines, 30% to be lined with the final 50% to remain unaltered. None of these costs shall be directly assessed. 5. The City shall replace at its expense (not assessed) the private water service line from the water main to (and including) the curb-stop, typically located at or near the property line. Once installed, this service line becomes the responsibility of the property owner consistent with City Ordinance. The City will replace this water service line from the main to the curb stop in its current location. Should the property owner decide to relocate the curb stop location, such as to remove it from a driveway surface to a lawn area, the City will pay for the connection from the main to the curb stop in its new location so long as the new location remains in the City's right-of-way and without obstructions. Should this new location occur it is the property owner's responsibility and expense to directly connect and coordinate such construction of a new direct water service line from the new curb stop location to the home in a direct fashion without the use of a union joint at the old curb stop location. If the old curb stop that is no longer going to be used lies within the apron of the driveway to be replaced by the City, the City will remove the curb stop and service line to the main. If the old curbstop lies outside the apron to be replaced, the City will not remove the former curbstop but will terminate the service at the main. In locations where new sanitary line is being installed, the City shall replace at its expense (not assessed)the private sanitary service line from the sanitary main to a point of connection at the private service typically located at or near the property line. Once installed, this service line becomes the responsibility of the property owner consistent with City Ordinance. 6. Storm water shall be managed via sub-surface concrete structures compliant with MSCWMO rules. 7. The Project will replace the residential driveway aprons as part of the total project from the curb-line to the right-of way line. These costs shall be totaled and shall be calculated into the Page 77 of 92 total Street Assessment costs. All aprons shall remain the same general width onto the City street. Asphalt aprons shall remain asphalt; concrete shall remain concrete, gravel shall be upgraded to asphalt. Property owners who desire to install a concrete apron from an asphalt apron or who may desire to widen the apron shall directly pay for these increased costs to the City. These increased costs may be paid directly to the City in an upfront payment or may be directly assessed (unsubsidized) and shall be included in their assessment to their property. S. Should City residential property owners desire that their entire driveway be replaced, the City shall direct the residential property owner to the contractor for an independent discussion. The City shall secure a per-ton and/or a square-yard price for asphalt installation and finishing which shall be extended to the property owner by the approved contractor and which shall contain at least a two-year warranty from the contractor. It is the property owner's responsibility to coordinate all such work and secure necessary contracts and performance standards with the contractor selected. The property owner is not required to utilize the City's contractor and may secure their own separate contractor. The City will not assess these costs or finance these private driveway costs. The City shall not guaranty any work on the driveway and all disputes shall be settled independently between the property owner and the contractor chosen by the property owner. 9. Unless specifically authorized via a separate resolution, the City shall not install any new trails or sidewalks in conjunction with this Project. 10. The Street Assessment will pay for all typical costs associated with the removal and installation of the street surface, subgrades as well as the driveway aprons. The Curbing Assessment will pay for all typical costs associated with curbing removals and installation. 11.In addition to the protocols set forth in this resolution,the following Assessment Policies shall be utilized for Street and Curbing Assessments: • Total Street Reconstruction Costs (generally being streets and curbing) shall be reduced by the City and Street Reconstruction Funds generated through 2014 and will be applied to the total cost of the street and curb project elements. Page 78 of 92 • The remaining costs shall be allocated between homesteaded properties and commercial/non-homesteaded properties. • Commercial/Non-Homesteaded Properties shall be assessed on a total per frontage foot basis,with improvement assessed at 100%of frontage. There shall be a minimum assessment for all commercial /non-homesteaded properties of an amount not less than the minimum homesteaded residential assessment. (The Commercial/Non-Homestead classification is defined as lands being utilized as a commercial, multi family home, government facility,public utility, places of worship, or any other non-homestead property as defined by Minnesota law.) • The balance remaining, excluding City owned property, will be distributed equally to the residential homesteaded properties on an equal, per unit basis. In determining the units of residential properties, each parcel will be a unit. Exhibit B—as attached outlines the cost allocations as defined above. • The City shall offer a ten (10) year assessment repayment timeline at an interest rate of not more than 2.0%over the City latest general obligation bond issued by the City. 12. Parcels of land that are directly attached to a homesteaded parcel shall not be required to pay an additional assessment in addition to the primary parcel when such parcels that are owned by the same person(s) and are not buildable for a single family residence (or for a greater density) or for commercial construction as may be permitted by the City Ordinance or not buildable or due to other apparent circumstances, such as overhead power lines, that would substantially preclude any residential or commercial construction. 13. As the Project relates to any necessary bonding for any purposes, the City shall not charge the utility funds for such costs via a rate increase; instead such funds shall be derived from the City general revenues sources as may be generated outside of utility fees. Page 79 of 92 14. Once the general costs estimates are completed the City Council the City shall hold a public / neighborhood meetings on the anticipated concepts, funding scenarios and possible timelines. These meetings shall include at least one meeting where all neighborhoods are invited as well as possible per neighborhood/area meetings. NOW,THEREFORE BE IT RESOLVED, that the City Council does direct staff to implement a street reconstruction plan and to execute necessary and reasonable obligations based on the above directives found in this Resolution, to be completed in a timeline that produces a plan for possible bid letting in February 2014. ADOPTED by the City Council for the City of Oak Park Heights Council this day of , 2013. Signed: Mayor Mary McComber Attest: Eric Johnson, City Administrator Page 80 of 92 11 1 ' 1 F I iri�ir���►1�� - • ��i���r13 _ V� ■ sal airu � mull rm S own mm lip, MW awl m - rim- Fl.'- I IN r SM irk � �� � ate'! !I: ■!t .� ■ m■ aws ,... Exhibit B to Resolution Assessment Calculations—Ali Street Reconstruction Funds Applied V m CD OM O 3 z' 3 3Q � 3Z3 CD _ M cn N m A ro 3 3 cn m 0 x m V 2 CT m �' 7mo 7m0 C7 O n m >ca rn m , ? m m mZ m ysy > � nr � Dr�- �� r � m� CCn y O �.�t�1I m z CJ in n er �D �T f/�1 Q� 70 VM O a 3> N n Vi 10 mmm m3 � � Rf � zZ CT1 0 n m q a to y � Q in 74 ramp N t ir � r iCn � N p v �e O p 35 m ran m _ � rmm � m 3 v -� N r G7 Orris � C D m O m CO � ai C mi pr Omr w O ((A 0 � � Z n � m nz -no O = m s D m Z O T , O O 0 M N c o' " 3 O= a 1 m C -t L � 3 � n X z O fn 0 a 9 � a m U Z m c O u� ac z n w Q C z x a v O m z O o z Sr N In in J A Ch ys 3 3 N 13V� aO°o `$ co a a m can o M c43 �a o a .wi nwi to L" o ttm WW cna m 3 3 3 -4 N N 0 O N O O W t/A W t77 W W 'CT P. 6S O Z CO v ��1 Op rpm i�g l� W Fn cC m pO pd �p pCOp W t�l co O -i 07 Cn 00 to d � 0 O N N en is t� m Z n etwao t� rn� Oo S nos �4° ff(D r l a. rn -4 qCL nD 'rl . y o m A. abi Cct*, 0:1 = worn 6a � ni m o Z O �• N � qK, w A O V"�yy O� V CA 1 W N O r W V Ul J b N O 4 m 0 "O 00 fWp tp71 U7 p V Cp 0� CN. IQ K a �► N v �t C7 S N O] f�3 �s eo Gh o c0 d r ?�^n` w o `� S •coo b"o L N w m N N N 3 m it J m DpQnp N G3 4!C W W A W J rl to a W �C CD (h -4 !V N L 43 cc t 1 V fD G G) �Wp GJ= LD m m TL 9 t7 N tp G70 CS m f9 @ � ca 4 J a N J W A y !�J j J W O to W W EO 0�1 -� J to W CA CD N Oo la CD t0 (,Sl �.1 ta Ln O CO Ili �ppy Cn ^ W Ca d w V! Q� O V G p p N C 07� cl O C,7r V 00 O O O Off O Pi A A W O S � w K cn 0. cm U1 rn J S n � A Page 82 of 92 12 Oak Park Heights Request for Council Action Meeting Date September 24th, 2013 Time Required: 10 Minutes Agenda Item Title: Authorize JLe $ bmissi n of G_rpAee Letter of A reennent Kaboom/Playful QWs Corninunity Build Playground-Grant. Agenda Placement New si se Originating Department/Re star Eric Johnson Ci1y Administrator Requester's Signature Action Requested D' cu sion Possible Action Background/Justification(Ple indicate if any previous action has been taken or if other public bodies have advised): By virtue of the City's Playful City designation and 2013 Reapplication, the City Park Commission did apply for a grant to facilitate the construction of new playground amenities at Swager Park through the Kaboom/Playful Cities Organization. The current playground is 30 years old and is in need of replacement. The City was awarded the $20,000 grant if the City committed $40,000. If this is still the desire of the City Council,the City is required to sign a Grantee Letter of Agreement, (see Enclosed). The document is similar to what was signed in the past by the City for the 2011 award. Requested Action: Authorize staff to complete and submit the Grantee Letter of Agreement subject to final review by City Administrator and the City Attorney. Page 83 of 92 Dr Pepper Snapple Group — KaBOOM! Let's Play Construction Grant Program Grantee Letter of Agreement City of Oak Park Heights ("Grantee") is hereby awarded a grant of$20,000 by KaBOOM! to apply toward the creation of a playground under the terms and conditions stated in this Letter of Agreement (LOA). t=ailing to comply with any of the requirements stated in this LOA or providing false information may result in forfeiture of this grant. Scope of Project 1. The final Build Day on which the playground is constructed and fully completed must be on or before September 10,2014. 2. The playground must be built using the KaBOOM! community-build model, defined in summary here as the method of using community volunteers to plan for, design, fundraise for, and build a community playground. 3. $20,000 will be applied toward the purchase of playground equipment from any one of the following Preferred Vendors: BCI Burke, Landscape Structures, Inc, Miracle Recreation Equipment Company, or Playworld Systems. Grantee must work directly with a local representative of the selected Preferred Vendor. 4. The total playground equipment expenditure for this project from the single manufacturer toward whom this grant is applied must be no less than $30,000 and not more than $60,000, inclusive of grant monies. Disbursement and Verification of Grant Funds 5. Grant funds will be disbursed directly to the equipment manufacturer selected by the Grantee, once the Grantee has submitted the following documentation to KaBOOM!: a) An invoice verifying the amount of the equipment order b) Submit proof of funds raised for the project c) A final invoice showing the equipment order, the Grantee's payment, and a remaining balance of$20,000. 6. In the event that KaBOOMI submits payment of grant funds to equipment manufacturer, for purchase of playground equipment on behalf of Grantee based on information provided by Grantee and Grantee does not complete a playground build, Grantee will reimburse KaBOOM!for the amount of the payment. 7. During any time of the grant program the grant can be withdrawn due to incomplete benchmarks during the planning process. Ongoing Participation of the Grantee During the Grant Period 8. Grantee agrees to meet the timelines established for the submission and/or completion of the following key project benchmarks. In the case of submissions of reports or documents, they should be sent to the attention of the KaBOOM! Grants Manager. Failure to submit any such report by the appointed deadline may result in forfeiture of the grant. a) Grantee must sign this LOA and return the signed, original hard copy to KaBOOM! by October 4,2013. b) At least 4 weeks prior to the Build Date, grantee must place equipment order directly with the local representative of the equipment manufacturer and submit proof of playground equipment order in the form of an itemized equipment invoice from the representative. Page 84 of 92 c) At least 4 weeks rip or to the Build Date: i. Grantee must submit their Build Day Plan of Action report, outlining the roles and responsibilities of all community volunteers, along with time breakdowns illustrating how volunteers will be engaged in the build day process from the kick-off to the ribbon-cutting. ii. Grantee must submit a programming plan detailing how different segments of the community will use the playground at different times. iii. Grantee must submit an ongoing maintenance plan detailing how the playground will be maintained, who will conduct the maintenance, and how the maintenance plan will be budgeted. d) No later than 2 weeks after the Build Date: i. Grantee must submit the equipment invoice showing the equipment order,their payment, and a remaining balance of$20,000. ii. Grantee must submit Grantee Completion Report. A portion of the report consists of a post-build survey, which will be provided by KaBOOM!. In addition, the grantee must include a project summary, photographs, and media stories that document the project's progress and execution. Payment will not be sent to the equipment vendor until all Post Build documents are received. The grantee must: 9. Agree to purchase playground equipment from a KaBOOM! Preferred Vendor. 10. Participate in regularly scheduled planning calls. 11. Complete steps of planning by established timelines (this will be provided to selected grantees). 12. Submit proof of funds raised for the project(grant funds will only be released at this time). 13. Post new pictures and information in Our Dream Playground on a regular basis and on the Map of Play after the playground is completed. Partner Recognition 14. Grantee must send out the preapproved press release template to a minimum of one local media outlet. Reference to the Dr Pepper Snapple Group—KaBOOM! grant program and their sponsorship in other forms such as newsletters, web stores, or other promotional materials is subject to review and approval. 15. All grantees will automatically be signed up to receive information by email from Let's Play. If requested, grantee agrees to collaborate with a representative from the Dr Pepper Snapple Group to plan and host a grant award presentation, prior to, on, or just following their Build Day. Certification Requirements 16. Grantee agrees to purchase only surfacing that meets ADA Guidelines (Americans with Disabilities Act), is IPEMA (International Play Equipment Manufacturers Association) certified and meets and/or exceeds the standards set forth by ASTM (American Society for Testing Materials) and CPSC (Consumer Product Safety Commission). 17. Grantee warrants that the organization/municipality currently has, and will maintain for the life of the playground, Commercial and General Liability insurance providing coverage against liability for bodily injury, death and property damage which may rise out of or be based upon the use of the playground; and Worker's Compensation insurance policies, in amounts not less than one million dollars ($1,000,000.00). Grantee must also include KaBOOM! and Or Pepper Snapple as additional insured and should submit documentation no less than 4 weeks prior to Build Day. 18. Grantee will look solely to Vendor for performance of, and for payment and/or satisfaction of any obligation or claim arising out of, or in connection with, this Agreement and hereby covenants that it will not assert any claims against KaBOOM!, Inc. or any of its affiliates, nor look to KaBOOM! or any such affiliates for satisfaction of any such obligation. 19. Grantee must ensure that an installer representing the selected manufacturer will be on site on Build Day to oversee the installation of the playground and to review the playground structure to ensure that it is safe and built to all appropriate standards and guidelines. Grantee acknowledges that neither KaBOOM!, Dr Pepper Snapple Group nor their respective officers, directors, employees, or agents are in any way responsible or liable for action, inaction or negligence of the playground installer. In the event that the Build Day is delayed or not completed on the scheduled day, Grantee acknowledges that Page 85 of 92 it will be the responsibility of Grantee to secure an installer representing the selected equipment manufacturer to review the completed playground. Indemnification 20. By accepting the Grant, the Grantee acknowledges that neither KaBOOM! nor DPS nor their respective subsidiaries and affiliates, and their officers, directors, employees or agents shall be liable for any acts, omissions, injuries, errors or damages, whether direct, indirect, incidental or consequential, associated with the use of the Grant funds or the Grant sponsored project. The Grantee irrevocably and unconditionally agrees, to the fullest extent permitted by law, to defend, indemnify, and hold harmless KaBOOM!, DPS and its subsidiaries, and their respective officers, directors, employees and agents, from and against any and all claims, liabilities, losses, damages (including incidental, consequential, special and punitive damages) and expenses (including reasonable attorneys'fees) directly, indirectly, wholly, or partially arising from or in connection with any act or omission of the Grantee, its employees, or agents, in applying for or accepting the Grant, in expending or applying funds furnished pursuant to the Grant or in carrying out the Grant sponsored project, except to the extent that such claims, liabilities, losses, damages or expenses arise from or in connection with any willful misconduct of KaBOOM!, DPS, their respective subsidiaries and affiliates, and their respective officers, directors, employees or agents. General 21. KaBOOM! has the sole right, at its discretion, to waive or postpone any deadline or requirement stipulated in this Letter of Agreement. 22. Grantee agrees to have their contact information shared with representatives from the Dr Pepper Snapple Group for award purposes. I have read and attest that my organization is willing to comply with the Dr Pepper Snapple Group-KaBOOM! Let's Play Construction Grant requirements outlined in the Letter of Agreement. Please return a signed copy of this Letter of Agreement via postal mail or email to: ATTN: Deva Jones, Grants Manager, KaBOOMI, 4301 Connecticut Avenue,Suite ML-1,Washington, DC 20008 or dionesAkaboom.orcil. Authorized Signature for Challenge Grantee Date Printed Name Name of Challenge Grantee Organization Job Title Phone Number Fax Number E-Mail Address Mailing Address City State Zip Federal ID# Non-profit Status(e.g.501(c)(3)) KaBOOMI CFO Date George T.Megas KaBOOM! 4301 Connecticut Ave.,NW Suite ML-1 Washington, DC 20008 202.659.0215 fax:202.659.0210 Page 86 of 92 13 Oak Park Heights Request for Council Action Meeting Date September 24th, 2013 Time Required: 5 Minutes Agenda Item Title: Consider Resolution of Support for Street Improvement Districts Agenda Placement New Business Originating Department/Requestor Ma or MM McComber Requester's Signature Action Requested See Below Background/Justification(Please indicate if any previous action has been taken or if other public bodies have advised): Would the City Council like to consider this matter and pass a supporting resolution for the allowance of cities to establish a street improvement district(s)? Draft resolution enclosed. Page 87 of 92 RESOLUTION: A RESOLUTION SUPPORTING LEGISLATION AUTHORIZING THE ESTABLISHMENT OF MUNICIPAL STREET IMPROVEMENT DISTRICTS WHEREAS,Minnesota contains over 135,000 miles of roadway,and over 19,000 miles—or 14 percent--are owned and maintained by Minnesota's 853 cities;and WHEREAS, 84 percent of municipal streets are ineligible for dedicated Highway User Tax Distribution Fund dollars; and WHEREAS,the more than 700 Minnesota cities with populations below 5,000 are ineligible for dedicated Highway User Tax Distribution Fund dollars; and WHEREAS,city streets are a separate but integral piece of the network of roads supporting movement of people and goods; and WHEREAS,existing funding mechanisms, such as Municipal State Aid(MSA),property taxes and special assessments,have limited applications, leaving cities under-equipped to address growing needs;and WHEREAS,maintenance costs increase as road systems age, and no city--large or small—is spending enough on roadway capital improvements to maintain a 50-year lifecycle; and WHEREAS,for every one dollar spent on maintenance, a road authority saves seven dollars in repairs; and WHEREAS,the Council of the City of Oak Park Heights finds it is difficult to develop adequate funding systems to support the City's needed street improvement and maintenance programs while complying with existing State statutes; and WHEREAS,cities need flexible policies and greater resources in order to meet growing demands for municipal street improvements and maintenance. NOW,THEREFORE,BE IT RESOLVED BY THE COUNCIL OF THE CITY OF Oak Park Heights supports enabling legislation that would authorize,but not require cities,to establish street improvement districts to fund municipal street maintenance, construction and reconstruction. ADOPTED by the Oak Park Heights City Council this day of , 2013. Signed Mary McComber Mayor Attest: Eric Johnson, City Administrator Page 88 of 92 LEAGUE OF CONNECTING & INNOVATING MINNESOTA SINCE 1913 CITIES Briefing paper---2013 Minnesota cities and street improvement districts League position The League supports HF 745 (Erhardt,DFL-Edina)and SF 607 (Carlson, DFL-Eagan), legislation that would allow cities to create street improvement districts. This authority would allow cities to collect fees from property owners within a district to fund municipal street maintenance, construction,reconstruction,and facility upgrades. If enacted,this legislation would provide cities with an additional tool to build and maintain city streets. Supporters HF 745/SF 607 is also supported by the following organizations: • Association of Metropolitan Municipalities • Coalition of Greater Minnesota Cities • Minnesota Association of Small Cities • North Metro Mayors • Minnesota Transportation Alliance • City Engineers Association of Minnesota • Minnesota Chapter of the American Public Works Association Background Just as the state has fallen behind in making transportation investments, some cities faced with budget challenges have made the difficult decision in recent years to hold off on scheduled street improvement projects. Maintenance projects, such as seal coating and overlays, can prolong the lifecycle of streets to 50 to 60 years. Without ongoing maintenance,the average life expectancy of local streets is approximately 25 to 30 years. For every$1 spent on maintenance, a road authority saves$7 in repairs. But this maintenance requires a reliable dedicated funding source other than the current volatile property tax system. For the same reasons, cities are also falling behind on the reconstruction projects necessary to help keep property values stable; and,cities lacy viable options for building new transportation infrastructure to attract and retain the investments by businesses that keep Minnesota's economy strong. Existing funding mechanisms for street maintenance and reconstruction are inadequate. Special assessments can be onerous to property owners and are difficult to implement for some cities. Special assessments are not always useful for funding collector streets and other streets that do not abut private property. Property tax dollars are generally not dedicated and are sometimes diverted to more pressing needs such as public safety, water quality and cost participation in state and county highway projects. Municipal state aid(MSA) is limited to cities over 5,000 population--147 145 UNIVERSITY AVE. WEST PHONE:(651)281-1200 FAX:(651)281-1299 ST. PAUL. MN SS103-2044 TOLL FREE:(800)925-1122 WFR7 WWW.LMC.oRG Page 89 of 92 of 853 cities in Minnesota--and cannot be applied to more than 20%of a MSA city's lane miles. Existing MSA is not keeping up with needs on the MSA system. Key messages • This is enabling legislation.No city would be required to create a municipal street improvement district. • The street improvement district authority legislation is modeled after Minn. Stat. 435.44, which allows cities to establish sidewalk improvement districts. • This authority would provide a funding mechanism that is fair. It establishes a clear relationship between who pays fees and where projects occur, but stops short of the benefit test that sometimes makes special assessments vulnerable to legal challenges. It also does not prohibit cities from collecting fees from tax exempt properties within a district. • Fees paid under a street improvement district would be deductible just as property taxes are. • This tool allows cities to perform maintenance and reconstruction on schedule. Timely ,maintenance is essential to preserving streets and thereby protecting taxpayer investments. • This tool would allow property owners to fund expensive projects by paying relatively small fees over time. The tool could be used to mitigate or eliminate the need for special assessments. LMC Contact:Anne Finn,Assistant 1'GR Director, 651-281-1263, afinn@1mc.org Updated March 13, 2013 Page 90 of 92 Street Improvement District Support Resolutions Needed Page l of 2 CC U AINESOTA ITIES Street Improvement District Support Resolutions Needed Support from cities is critical to securing key votes in 2014 from legislators who may not be familiar with the street improvement district initiative. (Published Sep 16, 2013) A League initiative that would allow cities to create street improvement districts advanced through several committees during the 2013 legislative session and remains viable as the 2014 legislative session approaches. In an effort to demonstrate the broad city support that exists for this initiative,the League is seeking resolutions of support from city councils. Support from cities is critical to securing key votes from legislators who may not be familiar with the street improvement district initiative. To date,nearly 100 cities have adopted resolutions,and many have provided letters of support. If your city has already passed a resolution,thank you! If your city council has not adopted a resolution and is supportive of this initiative,the League encourages you to take action this fall. • View a list of cities that have adopted resolutions and written letters of support(pdt)(Link to: hap:/hvww.lme.org/medialdocnmenl/)/10I3resohuions sidpdJ} The 2013 bills The following bills were introduced during the 2013 legislative session: • SF 507 (Link to:https://www.revisor.mn.gov/bills/bill php?b=Senate&f=sF0607&ssn=0&y=2o13)Authors: Sen. Jim Carlson (DFL-Eagan)(chief author), Sen.John Pederson(R-St. Cloud), Sen. Scott Dibble(DFL- Minneapolis), Sen. Dave Senjem(R-Rochester), Sen. Ann Rest(DFL-New Hope) • HF 745 (Link to:https://ww..revisor.mrLgov/bills/bill php?b=Hoase&f=HF745&ssr+0&y=2013)AuthorS:Rep. Ron Erhardt (DFL-Edina) (chief author),Rep.Frank Hornstein(DFL-Minneapolis), Rep. Bob Gunther(R- Fairmont),Rep. Paul Torkelson(R-Hanska),Rep.David Bly(DFL-Northfield) This legislation was designed to allow cities to collect fees from property owners within a district to fund municipal street maintenance,construction,reconstruction, and facility upgrades. It would provide cities with an additional tool to build and maintain city streets. Advocacy tools The League developed the advocacy tools below to assist cities with advocating on the street improvement district initiative. • View the League's fact sheet and talking points (pdt)(Link to: htip://tvww.imc.org/media/dacwnend)/2013facts sireeamprovedist.pdf) View sample resolution for city council(doc)(Link to: http://www.lmc org/medtaldomment/I/sampleres_streeumprovedist.doc) • View sample letter of support for mayor's signature(doc)(Link w: htip:/hvavw.lme.org/media/documerrtll/samplemayorleiter sireetimprave�sf.doc) Page 91 of 92 http://www.hnc.org/page/l/street-improve-dist-support-resolutions-needed.j sp%tm_source... 9/20/2013 Street Improvement District Support Resolutions Needed Page 2 of 2 If your city passes a resolution or writes a letter of support,please send a copy to your legislators and to Anne Finn at the League of Minnesota Cities at afinn @lmc.org(Linkto:ma0o:aftnn @Imc.org). Read the current issue of the Cities Bulletin(Link to:hitp:i .Imc.orgipagenicities-bulletin-newsletter.sp) •Bypo .gyc waw—gwd.LMC COmment Policy(Link to:hitp:/Avmv.lmc.orelpagelilcomment-nolicy.iML ©comments Leave a message... Best Community Share L No one has commented yet_ Your LMC Resource Contact Anne Finn Assistant IGR Director (651)281-1263 or(800) 925-1122 affnn @lmc.org(Link to:mailto:afinn rr lmc.org) Copyright 02013 League of Minnesota Cities,145 University Ave.W,Saint Paul,MN 55103-20441 Phone:(651)281-12001 Toll-Free:(800)925-1122 Page 92 of 92 http://www.Imc.org/page/l/street-improve-dist-support-resolutions-needed.j sp?utm_source... 9/20/2013