HomeMy WebLinkAbout04-22-2014 City Council Packet CITY OF OAK PARK HEIGHTS
TUESDAY, APRIL 22, 2014
CITY COUNCIL MEETING AGENDA
7:00 P.M.
7:00 p.m. I. Call to Order/Pledge of Allegiance/Approval of Agenda
Estimated
times
7:05 p.m. IL Council/Staff Reports
A. Mayor McComber
B. Councilmember Dougherty
C. Councilmember Liljegren
D. Councilmember Runk
E. Councilmember Swenson
F. Staff
• Spring Clean-up: Saturday, May 3, 2014, 7:30 a.m. — 1:00 p.m.
• 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—April 8, 2014 (2)
C. Authorize the Access Agreement with Sprint at Water Tower 42 (3)
D. Adopt Sign Retroreflective Maintenance Policy (4)
E. Approve Resolution Proclaiming June 10, 2014 as a"Play Day" in the City of Oak
Park Heights (5)
F. Approve Contract for American Engineering and Testing for Street Reconstruction
Testing Consultant(6)
7:15 p.m. V. Public Hearings
A. Audit Report—Presentation by David Mol
7:20 p.m. VI. Old Business
A. St. Croix River Crossing Project
B. Possible Sale of$3,190,000 G.O. Bonds 2014A (7)
C. Authorize Temporary Public Works Position Hire (8)
7:30 p.m. VII. New Business
None
7:30 p.m. VIII. Other Council Items or Announcements
7:35 p.m. IX. Adjournment
Pagel of 48
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Page 2 of 48
P-
Oak Park Heights
Request for Council Action 1
Meeting Date April 22, 2014
Agenda Item Recycling Award
Time Req. 0
Agenda.Placement Staff Reports
Originating Department/Requestor Administration/Jennifer Pinski
Requester's Signature
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 48
CITY OF
OAK PARK HEIGHTS
7 ')00- Phone:651/439-4439 • Fax:611%439-074
14108 Odk Nik 11(jule��Ild No. P.O. Box '200 - 0,il� HLfi-Us� NIN )5082-2 1
April 15, 2014
John & Lisa Dwyer
5680 Newberry Avenue North
Oak Park Heights, MN 55082
Dear Mr. & Mrs. Dwyer:
Thank you for participating in the City's recycling program. As an incentive to
recycle axed 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, April 10, 2014, 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 Park Heights City Council, thank you for participating in
the City's recycling program.
Congratulations!
Jennifer Pinski
Deputy Clerk
Tree City U.S.A. Page 4 of 48
CITY OF
3v r
OAK PARK HEIGHTS
14168 Oak Par l: Boulevad N 651A39-05r
'a
• P.O.11.0.Box 2007 0A Park d,Hei-his.MN 55082-2007 • ilhone:6511439-44�9 Fax:651A�9-051
4 i
April 15, 2014
Mrs. Wesley Underhill
14508 57111 Street North
Oak Park Heights, MN 55082
Dear Mrs. Underhill:
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, April 10, 2014, 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 Park Heights City Council, thank you for participating in
the City's recycling program.
Congratulations!..
Jennifer Pinski
Deputy Clerk
Tree City U.S.A. Page 5of48
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Page 6 of 48
Oak Park Heights 2
Request for Council Action
Meeting Date April 22, 2014
Agenda Item Approve City Council Minutes -- April 8, 2014
Time Req. 0
Agenda Placement Consent
Originating Department/Requestor Administration/Jennifer Pinski
Requester's Signatur t
Action Requested Approve
Background/Justification(Please indicate any previous action has been taken or if other public
bodies have been advised).
See Attached.
Page 7 of 48
CITY OF OAK PART{ HEIGHTS
TUESDAY, APRIL, 8, 2014
CITY COUNCIL MEETING MINUTES
1. Call to Order/Pledge of Allegiance/Approval of Agenda: Mayor McComber
called the meeting to order at 7:00 p.m. Present: Councilmetnbers Dougherty,
Liljegren, Runk, and Swenson. Staff present: City Administrator Johnson, City
Attorney Vierling, Finance Director Caruso, Public Works Director Kegley,
andEngineer Brad Riefsteck. Absent: City Planner Richards.
Mayor McComber added two items to the Agenda: "St. Croix River Crossing
Update" as Old Business Item E. and "Consider Establishment of Community
Award" as New Business Item C.
Councilmember Swenson, seconded by Councilmember Dougherty, moved to
approve the Agenda as amended. Carried 5-0.
II. Council/Staff Reports:
A. Mayor McComber: She reported that she attended the League of Local
Government meeting the week prior and brought a folder of information
back to City Hall for the City Council to view; the next Parks Commission
meeting was set for April 21 at 7:00 p.m.
B. Councilmember Dougherty: He reported the Middle St. Croix Watershed
Management Organization meeting was set for April 10 at the Bayport
Library.
C. Councilmember Liliegren: He reported the next Planning Commission
meeting was set for April 10 at 7:00 p.m.
D. Councilmember Runk: No report.
E. Councilmember Swenson: He reported the Cable Commission had not yet
been able to meet due to lack of a quorum.
F. Staff. Mayor McComber reported that Spring Clean-up was set for May 3
from 7:30 a.m.— 1:00 p.m.
III. Visitors/Public Comment:
None
IV. Consent A ends:
A. Approve Bills & Investments
B. Approve City Council Minutes— March 25, 2014
Page 8 of 48
City Council Meeting Minutes
April 8,2014
Page 2 of 5
C. Authorize Staff to Enter into Agreement for Lawn Care Service
D. Adopt the Street Reconstruction Management Plan
E. Adopt Resolution Granting the Application of Ducks Unlimited, Inc. St.
Croix Valley Chapter, to Conduct a One-Day Raffle on May 1, 2014 at the
Heights Hall and Club
Councilmember Liljegren, seconded by Councilmember Dougherty, moved to
approve the Consent Agenda. Roll call vote taken. Carried 5-0.
V. Public Hearings:
A. Hold Assessment Hearing—2014 Street and Utility Improvements: City
Engineer Reifsteck provided a PowerPoint presentation on the project. He
recommended the City Council award the project to Hardrives based on
the low bid received. Finance Director Caruso provided a PowerPoint
presentation on the assessment amounts. Mayor McComber opened the
public hearing.
City Administrator Johnson read the list of written objections received.
Brian Jones of 15331 58t" Street North and 15357 58th Street North came
forward and stated he objected to any assessments. He stated he did not
feel his property would increase to accommodate the assessment. He
suggested the City Council levy City-wide for the project. He stated the
economy was still in a recession, and he could not handle another tax
burden.
Wade Luger of 5814 Olene Avenue North questioned why there wasn't an
assessment when Omaha Avenue was reconstructed. He was concerned
with the inconsistency.
Rick Wells of 5857 Olinda Avenue North stated that he thought those with
a large amount of frontage should be assessed at a higher rate than those
with a small amount of frontage. He also reminded staff that he wanted to
work with them and the contractors on his driveway reconstruction.
John Moszer of 5827 Feller Avenue came forward and stated he objected
to the assessment.
Deborah Boldt of 5633 Ozark Avenue North came forward and stated she
objected to the assessment.
Keith Bruchu of 5653 Penrose Avenue North came forward and stated he
objected to the assessment.
Page 9 of 48
City Council Meeting Minutes
April 8, 2014
Page 3 of 5
Steve Thron of 14386 58th Street North stated that he thought $7,300 was
way too much. He stated that there was no way that his property value
would increase by that amount after the project was completed.
Councilmember Swenson, seconded by Councilmember Dougherty,
moved to close the Public Hearing. Carried 5-0.
Mayor McComber stated that many of the roads should have been
reconstructed 20 to 25 years ago. She stated that in the last reconstruction
project, everyone was assessed the same amount, and that was the method
they chose to do again. McComber noted that the City Council worked
hard to bring costs down by adding to a street reconstruction fund over the
years. She stated that everyone was using the roads, water, and sewer and
that was the justification for assessing a flat rate for homesteaded
properties. Councilmember Runk noted that there was not much disparity
in lot sizes. He stated that very few lots were over 150 feet.
Mayor McComber reported that Omaha Avenue by Andersen Corporation
was their project along with their parking lot. Public Works Director
Kegley stated that there was a hot patch done on the City part of that
street. City Administrator Johnson reported that the City has never
assessed for a hot patch.
Steve Thron stated he did not understand why some people were assessed
at the homestead rate and they were not living there. McComber
responded that homestead status data was received from the County.
City Attorney Vierling reported that those who had given their objection
preserve their right to further object to the assessment. He stated the next
step was that they had 30 days to file in district court against the City and
ten days to file the case and pay the filing fee.
VI. Old Business:
A. Resolution Adopting Special Assessments ----2014 Street and Utility
Improvements. City Attorney Vierling reported that Xcel Energy has 1.6
parcels, and they requested more time to obtain data. Attorney Vierling
suggested the City Council pull their data off the assessment roll for the
project.
Councilmember Swenson, seconded by Councilmember Liljegren, moved
to pull Xcel Energy's assessments to allow them to obtain information and
continue to work with staff. Carried 5-0.
Councilmember Runk, seconded by Councilmember Swenson, moved to
approve the Resolution. Roll call vote taken. Carried 5-0.
Page 10 of 48
City Council Meeting Minutes
April 8, 2014
Page 4 of 5
B. _Consider Award of 2014 Street Construction and Utility Contract: City
Administrator Johnson reported that the City Engineer recommended the
base bid plus alternates 1 and 2. He stated he did not recommend alternate
3. Councilmember Dougherty, seconded by Councilmember Liljegren,
moved to approve the contract by Resolution. Roll call vote taken.
Carried 5-0.
C. Resolution Approving the Issuance of General Obligation Bonds Series
2014 A: Mayor McComber reported that the bond should not exceed
$4,000,000 and three percent. Councilmember Swenson, seconded.by
Councilmember Runk, moved to approve the Resolution. Roll call vote
taken. Carried 5-0.
D. Consider Resolution Implementing a NO PARKING area along Nolan
Parkway: Councilmember Runk, seconded by Councilmember Liljegren,
moved to approve the Resolution. Roll call vote taken. Carried 5-0.
E. St. Croix River Crossing_Update: Mayor McComber questioned when the
south frontage road would be open. Jon Chiglo of MNDOT reported that
they expected the road would open in early spring. Chiglo reported that
work was progressing, that they would be closing Osgood Avenue north of
Highway 36 at the end of the month, contractors would be working on Pier
9 later in the week or early the following week, they were on schedule
with all projects, and they anticipated road work would be complete in the
fall when the focus would be shifted to bridge work. Chiglo reported that
they had met with 95 percent of the business along the corridor, and that
they were continuing to work on communicating impacts.
Chiglo requested to present information to the City Council on the
previous proposals. Councilmembers Runk and Swenson requested
Chiglo provide that information to the City Attorney. City Attorney
Vierling reported that Work Order#8 was submitted to the City and could
not be accepted. He stated it was redrafted and resubmitted to MNDOT
preserving both parties' rights. He stated that staff would present it to the
City Council with a recommendation. Vierling also reported that staff sent
correspondence to MNDOT on the Oakgreen Avenue utility that it was not
a betterment. Chiglo reported that they were continuing to work toward
resolving that issue and were looking at statutes.
VII. New Business:
A. Consider Vehicle Noise Enforcement Si age: Councilmember Runk,
seconded by Councilmember Dougherty, moved to approve Resolution.
Roll call vote taken. Carried 5-0.
Page 11 of 48
City Council Meeting Minutes
April 8, 2014
Page 5 of 5
B. Water and Sewer Usage Rebates Frozen Pipes Issue: Councilmember
Swenson, seconded by Councilmember Liljegren, moved to authorize
rebates as presented. Carried 4-0-1, Dougherty abstained.
C. Consider Establishment of Community Award: Councilmember Swenson,
seconded by Councilmember Liljegren, moved to direct staff to come back
with a policy and nomination process. Carried 5-0. Councilmember
Swenson suggested by June 1.
VIII. Other Council items or Announcements
Mayor McComber, seconded by Councilmember Swenson, moved to set a short
worksession prior to the next City Council meeting at 6:00 p.m. Carried 5-0.
IX. Adjournment
Councilmember Runk, seconded by Councilmember Liljegren, moved to adjourn
at 8:15 p.m. Carried 5-0.
Respectfully submitted, Approved as to Content and Form,
Jennifer Pinsk] Mary McComber
Deputy Clerk Mayor
Page 12 of 48
t
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3
Oak Park Heights
Request for Council Action
Meeting Date April 22, 2014 _
Time Required: 1 Minute
Agenda Iten3 Title: the Access Agreement with Sprint at Water "Dower 42
Agenda Placement Consent Agenda
Originating Department/Requestor Eric Johnson, City Administrator
Requester's Signature
Action Requested Authorize the Access Agreement with Sprint at Water Tower#2__
Background/Justification(Please indicate if any previous action has been taken or if other public
bodies have advised):
In September 2013,the City approved a plan to alter the number of antennae on the City' Water Tower#2.
Reducing the figure from six down to three. That work will be completed in 2014.
Sprint however would like to now install a FIBER OPTIC cable into the site to better serve their underlying systems
and improve connectivity. Staff'has met ,vith Sprint representatives and has no general issue with the concept of
laying a fiber optic line in the location of the City's driveway to serve the site. A short agreement would be crafted
and executed that would allow this installation.
This Agreement would not be an easement or other permanent conveyance to Sprint, rather simply allow them to
place the fiber line across City property but subject to any City future removal or relocation needs.
Sprint's continued investment at this site is positive and better ensures they remain as opposed to looking at other
sites. The$2,900+/-per month the City received in lease payments is directly applied to off-set water util ity costs
for tower maintenance.
Staff does recommend the approval of this Agreement,subject to any final edits as required by the City
Attorney.
Page 13 of 48
Sprint Site IU M821XU93U clty of Uak F'ark Heights
ACCESS AGREEMENT FOR FIBER OPTIC INSTILLATION
This Agreement betwee^the City of Oak Park Heights(the"City")and Sprint Spectrum Realty Company, L.P.,a Delaware limited partnership, ("Tenant")
successor-in-interest to Sprint Spect^rrr L - authorizes the p'acement of fiber optic communication line(s)(the facilities)in the area depicted on the attached
drawing.labeled as Exhibit A to this ACCESS AGREEMENT and subject to the following conditions:
The Tenant shall be solely responsible for the installation. maintenance and upf eep of its fiber inf,astrtrcture(the facilities)and shall not deviate from these
plans as shown without wrlltan permission from the City.Upon installation,the Tenant sha ',,1y restore all areas to a condition equal or better than previously
existed due to Tenant's installation and activities.
The City shall not be responsible for any damages to the facilities described in this Agreement nor ar•y aco.r^enant or subsequent loss of business.The City
provides no commitments as to the suitability of this area for such facilities proposed by the Tenant.The C y s?iaii sot charge a fee for this Access Agreement.
Should the Tenant be required to perform future work or maintenance on such facilities,the Tenant at its sole expense shall fully restore all areas to a
condition equal or better than previously existed due to Tenant's activities.
The Tenant,at its sole expense.shall ree,ove e,relocate the facilities osr•nitted under this Agreement when dlrected by the City.The City shall only direct
such reiocat+on or removal for good-cause 'as reasonably determined by the City) and shall g ve not ess t`,an ninety(90)days written notice to the-errant.
However.i'such circumstances exist t^a;_'ve-se'.o a-Emergency farthe City requiring the-ft-e`ibe,eptic tires be impacted and/or interrupted as reasonably
determined sole?y by the City, the City may immediate y direct that the City work be comp eted w i c'^ may result in immediate suspension of th e Access
ageement and the-marts`acilities may be neaRl.ely impacted. Under no circumstances is'ne C;y -eq,ime to fostorc or repair any of the Tena-.`acil`es;
nor is the City resoonsible for any loss of busines senJlres to V e"enant due to such Emergency t"e e`-er ,"a-,-e �.'is repo ed-'ovate c its
fiber optic cable per the direction by the City.the a agrees to erovide notice to Terra^t as soon as reascrati'v ossib e a d v:c°k with Tenant in good aith to
expeditiously relocate Tenant s fiber optic lines on the C+y property sa as to limit the impact to Terra;;'"as-%c�as oossib'le.
Upon any such emergency impact s-sF.enson_ins°allatlon,removal, relocation or to-7ma':on of the Tenants fac'es the-,enant shall fully restore all areas
to a condition equal or better than prevle-s,v exf ste�due to Tenants activities and as directed by the City.
At no time may the Tenant's activities interfere v2^h;he Ci,,v s ab,'ty to provide public;vats- or prelert access to the City's infrastructure.
This Access Agreement does not constitute an easement cr a-v Omer and rights other than those exo'ic'_y sled herein,is non-exclusive,and this Agreement
shall terminate on December 31st,2023 upon which!"re'he Tenon`shall remove their facilities or may-ego=.'a;e a ne,^r Ag eecient with the City.
Failure of the tenant to comply with any provision of this Agreemen? may result in revocation of this Access Agreement. The City may only revoke the
permissions hereon after 10 business days elapse from providing a°wrltten notice to cure any defect(s)to the Tenant and where the Tenant does not correct
such defect(s);Notices shall to be sent to the addresses found in the Lease Agreement sieved between the City and he Tenant in September 2004.
This Ac-ee^-ent once fully exec_,tec slra be affixed and incorporated of the Agreement signed by the City dated 9-11-13 and signed by the Tenant dated 7-
10-13.Ti,s Suoc'srrenta[Agreement is not va d until fully executed
Ea,- c".'e cares cores G aild,r a s tha` -as' e right,power,legal capacity and authority to enter into and perform its respective obligations under this
Amendment.
City: Tenant:
CITY OF OAK PARK HEIGHTS, SPRINT SPECTRUM REALTY COMPANY,L.P.,
a Minnesota municipal corporation a Delaware limited partnership
By: By
IF
Printed Name: Printed Name:
Title: Title: A� ( `--
Date: Date:
1
Page 14 of 48
Sprint Site N M821 XU93U Gity of Uak Nark Heights
Exhibit A;
APPROVED DRAWINGS for ACCESS AGREEMENT FOR FIBER OPTIC iNSTALLATION
2
Page 15 of 48
Exhibit A:
APPROVED DRAWING for ACCESS AGREEMENT FOR FIBER OPTIC INSTALLATION
Ar% : v _. . . . _. . .
�!® a._�..�-..—..a �..J.e �='~:.�=-•*;'•-.Yww�IJ.. --.,. X.'M:-..•;.K-a_ WP9fF..MJ..WxWUNMx.l uu mn...gN.M VOep.
n
-= -= "-- . . . . . . . . . . This MAP only shows the planned
route and access area for the fiber
t Ip I,�+WOQ Wweaw6A5 Sf]µA
line installation for Sprint. No other
IRC..MP^iA".IIV r permissions are granted or approved.This MAP shall govern the routing of a the fiber line unless changes are
required or permitted by the City- '=
. ._. I
-----------•-•----- - u
W
2
� - - vnwwo.aP c � f �Ir � I .--_ .T.�..�-v. ae-•-' .. . . . . .^.". .. _---' _ JQ
`♦ tea"`m v 11
Yellow line depicts z ;
°�°^~ ter• :- 1a I the general route to
be followed by the ef;
Fiber line and shall
not distrub asphalt
surfaces.
r
- L
2 of 2 ACCESS AGREEMENT FOR FIBER OPTIC INSTI-LATION
Page 16 of 48
Oak Park.Heights 4
Request for Council Action
Meeting Date: Tuesday April 22, 2014
Agenda Item : Sign Retroreflective Maintenance Policy
Time Req. S Minutes
Agenda Placement: Consent
Originating Department/Requestor• ublic Works Andy Kegley, Public Works Director
Requester's Signature
Action Requested: Adopt the attached sign maintenance policy
Background/Justification(Please indicate any previous action has been taken or if other public
bodies have been advised).
Please see attached memo.
Page 17 of 48
City of
Oak Park Heights
14168 Oak Park Blvd N.•Box 2007.Oak Park Heights,MN 55082•Phone(651)439-4439•Fax 439-0574
Memorandum
To: Eric, Johnson, City Administrator
Cc: Mayor and Council
From: Andy Kegley, Public Works Director
Date: 04/16/14
Re: Sign Retroreflectivity Policy
Retroreflectivity describes how light is reflected from a surface and returned to its original
source. Traffic signs are made with retroreflective sign sheeting material that redirects
headlamp illumination back toward the vehicle, thereby making the sign visible at nighttime to
the vehicle driver. The retroreflective properties of all sign sheeting materials degrade over
time making signs progressively less visible at night. Thus, to maintain nighttime
effectiveness, signs should be replaced before they reach the end of their useful life.
Street sign standards are set by The Manual of Uniform Traffic Control Devices (MUTCD), a
manual published by the U.S. Department of Transportation,Federal Highway Administration
(FHWA). It sets forth basic principles of traffic signs in order to promote safety on public
roads.
The Minnesota Commissioner of Transportation has ordered that the MN MUTCD shall be
implemented and applied to all traffic control devices.
The MN MUTCD requires the City to establish an assessment or management method that is
designed to maintain sign retroreflectivity at or above minimum levels specified in MN
MUTCD Table 2A-3, which can be seen on page 2A-6 of the MN MUTCD, Chapter 2A:
http•ilvv�Nvv.dot.suite.cnir.usltraf iceng/publl mutcd/mnrnutcd2Ol4/mrunutcd-2a.pdf.
By June 13, 2014, all agencies, including cities, who maintain roadways open to public travel,
must adopt a sign maintenance program designed to maintain traffic sign retroreflectivity at or
above specific levels.
TREE CITY U.S.A.
Page 18 of 48
The attached policy reflects the City's current sign evaluation, replacement and maintenance
program.
It is recommended the City Council adopt the sign maintenance and replacement policy
in accordance with the MN MUTCD.
2
TREE CITY U.S.A.
Page 19 of 48
City of Oak Park Heights, Minnesota
Sign Retroreflectivity Policy
Article I. Purpose and Goal.
The purpose of this policy is to establish how the City will implement an assessment or
management method, or combination of methods,to meet the minimum sign retroreflectivity
requirements in the Minnesota Manual on Uniform Traffic Control Devices(MN MUTCD).
Substantial conformance with the MN MUTCD is achieved by having a method in place to
maintain minimum retroreflectivity levels. Conformance does not require or guarantee that
every individual sign in the city will meet or exceed the minimum retroreflective levels at every
point in time.
The goal of this policy is to improve public safety on the City's streets and roads and prioritize
the city's limited resources to replace signs.
Article 11. Applicable Signs.
This policy applies to all regulatory, warning, and guide signs as set forth in the MN MUTCD.
Pursuant to Section 2A.8 of the MN MUTCD the city excludes the following signs from the
retroreflectivity maintenance guidelines:
A. Parking, Standing, and Stopping signs (R7 and R8 series)
B. Walking/Hitchhiking/Crossing signs (R9 series, R10-1 through R10-4b)
C. Acknowledgment signs, including Memorial signs
D. All signs with blue or brown backgrounds (Indicating Private Streets)
E. Bikeway signs that are intended for exclusive use by bicyclists or pedestrians]
Article 111. Resource Materials
The City has reviewed and relied on numerous resources in adopting this policy. These resource
materials include, but are not limited to the following:
• Methods for Maintaining Traffic Sign Retroreflectivity, Publication No. FHWA-HRT-08-
026,U.S. Department of Transportation, Federal Highway Administration (November
2007).
• Sign Retroreflectivity Guidebook, Publication No. FHWA-CFL/TD-09-005, U.S.
Department of Transportation, Federal Highway Administration(September 2009).
• Sign Retroreflectivity:A Minnesota Toolkit, Minnesota Department of Transportation,
Local Road Research Board (June 2010)_
• Traffic Sign Maintenance/Management Handbook, Report No. 2010RIC 10, Version 1.1,
Minnesota Department of Transportation(October 2010).
Page 20 of 48
a LMCIT Sign Retroreflectivity Memo and Model Policy, League of Minnesota Cities
(Final Edition, March 2014).
Article IV. Sign Inventory
To meet the City's goal of maintaining sign retroreflectivity above certain levels, the City will
maintain a sign inventory of all new or replacement signs installed after the effective date of this
policy. The inventory shall indicate the type of sign, the location of the sign, the date of
installation or replacement,the type of sheeting material used on the sign face, the expected life
of the sign, and any maintenance performed on the sign.
As to existing signs, the City will perform an inventory of all signs covered by this policy. The
City recognizes this process will occur over time and subject to the city's monetary and labor
force resources. Oak Park Heights expects to complete its sign inventory by 2020. The City shall
record the above information related to new signs to the extent that such information is known
and shall also include a statement on the general condition of the sign.
Article V. Removal of Signs
In recognition of the fact that excess road signs have been shown to reduce the effectiveness of
signage, as well as impose an unnecessary financial burden on road authorities, it is the City's
policy to remove signs determined to be unnecessary for safety purposes and which are not
required to comply with an applicable state or federal statute or regulation. The removal of
signs shall be based on an engineering study and the MN MUTCD.
Article VI. Approved Sign Evaluation Method.
After reviewing the various methods proposed for sign maintenance, Oak Park Heights will use
the following methods to meet the minimum sign retroreflectivity requirements in the MN
MUTCD:
Initial Blanket Replacement
All signs determined to not meet applicable retroreflectivity standards shall be given priority for
replacement. At installation or replacement each City owned sign post location shall be added
into the City's spatial geodatabase system. Attribute information of each sign including but not
limited to sign type, date of installation or replacement, sign sheeting material grade and
expected sign life.
Replace Based on Expected Sign Life.
Attribute information about replaced signs shall be recorded into the City's geodatabase
including but not limited to date of install so that sign age may be compared to the expected sign
life. The expected sign life is based on the experience of sign retroreflectivity degradation in
Oak Park Heights. Signs older than the expected life shall receive replacement priority and will
be replaced based on available resources and in accordance with established sign replacement
methods.
Page 21 of 48
Article VII. Sign Replacement Method
The City hereby establishes the following priority order in which road signs will be replaced:
• First priority shall be given to replacing all signs determined not to meet applicable
retroreflectivity standards. Top priority shall also be given to replacing missing or
damaged signs determined to be of a priority for safety purposes.
• Second priority shall be given to signs determined to be marginal in their retroreflectivity
evaluation.
• Third priority shall be given to all remaining signs as they come to the end of their
anticipated service life, become damaged, etc.
In addition, within each category above, further priority shall be given to warning and regulatory
signs on roads with higher vehicle usage.
After the initial replacement of signs as provided for in this Article or the installation of new
signs, the City shall, for the purpose of complying with the requirements of the MN MUTCD,
maintain minimum retroreflectivity standards, as budgetary and labor resource factors allow, by
replacing signs as they reach the end of the latter of their expected life expectancy for the
sheeting material used on the sign.
Damaged, stolen, or missing signs shall be replaced as needed.
Article VIII. Modification and Deviation from Policy.
The City reserves the right to modify this Sign Retroreflectivity Policy at any time if deemed to
be in the best interests of the City based on safety, social, political and economic considerations.
The Director of Public Works, or his or her designee, may authorize a deviation from the
implementation of this policy in regard to a particular sign when deemed to be in the best
interests of the City based on safety, social, political and economic considerations. Such
deviation shall be documented, including the reason for the deviation and other information
supporting the deviation.
Page 22 of 48
Adopted by the City Council of the City of Oak Park Heights on this 22nd day of April, 2014.
City Administrator
Mayor
Page 23 of 48
THIS PAGE IS INTENTIONALLY LEFT BLANK
Page 24 of 48
5
Oak Park Heights
Request for Council Action
Meeting Date _ April 22, 2014
Time Required: 1 Minute
Agenda Item Title; Aprove Resolkrtion Proclaiming June 14th, 2014 as a"Play Day"in the
City of Oak Park Heigbts
Agenda Placement Consent Ae nda//
Originating Department/R ue or ' Mig Johnson Ci1y Administrator
Requester's Signature
Action Requested Approve Resolution Proclaiming June 10`x', 2014 as a"Play Day" in the
City of Oak Park Heif�hts
Background/Justification(Please indicate if any previous action has been taken or if other public
bodies have advised):
See Attached Resolution, this is required as part of the City's 2014 Playful Cities Application.
Page 25 of 48
RESOLUTION
A Resolution Proclaiming Tune 10`h, 2014 as a "Play Day" in the City of Oak Park Heights
Whereas,play is a crucial factor in the overall well-being of children, and;
Whereas, playspaces and playgrounds within walking distance of children's horses are missing
from many communities and neighborhoods, and;
Whereas,unstructured, unplanned, spontaneous, and self-motivated play is on the decline, and
Whereas, fewer children spend time outside at parks and playgrounds, and;
Whereas, recess is being shortened or removed from school curriculums, and;
Whereas, children who play are healthier and suffer less obesity and obesity-related health
problems such as diabetes and heart disease,and;
Whereas, children who play do better in school and develop cognitive skills that are linked to
learning and academic performance, and;
Whereas, children who play learn the social skills that help them become happy and well-
adjusted adults, and;
Whereas, parents, schools, child care centers. nonprofit organizations, businesses, churches.
synagogues,mosques, and all interested parties wish to raise this community's children to
become healthy, happy, and successful adults.
NOW THEREFORE, BE IT RESOLVED that the City Council does proclaim June 1 Q`",
2014an official "Play Day" and urge all citizens to celebrate Play Play and support efforts to
build and maintain playspaces, playgrounds and to provide for other outdoor experiences in their
communities and neighborhoods
Passed by the City Council for the City of Oak Park Heights this 22th day of April, 2014
Mary McComber, Mayor
Attest:
Eric Johnson, City Administrator
Page 26 of 48
f
t
Oak Park Heights 6
Request for Council Action
Meeting Date April 18"', 2014
Time Required: 1 Minute
Agenda Item Title: Approve, n r for aaan En 3 Testing f r S re
reconstruction testing C011SUltant /
Agenda Placement Consent ienc a
Originating Departments questeirf Eric'..fohnson. Cite Administrator
Requester's Signature
Action Requested Approve Contract for American Engineering and Testing for r_Street
Reconstruction Testing Consultant
V
Background/Justification(Please indicate if any previous action has been taken or if other public
bodies have advised):
As the City anticipated,there is a need to hire a separate testing company that would perform soil,compaction and
other testing of the new streets to be installed this summer to help ensure the product received meets specifications.
Stantec did consult with AET to perform this work at a cost estimated to be$37,542.00 and does recommend their
proposal be approved.
PIease see attached.
Page 27 of 48
Stantec Consulting Services Inc.
2335 Highway 36 West
St, Paul MN 55113
Tel: (651) 636-4600
Fax: (651) 636-1311
April 18, 2014
File: 193801994
Attention: Eric Johnson
City of Oak Park Heights
14168 Oak Park Blvd. N.
P.O. Box 2007
Oak Park Heights, MN 55082
Reference: 2014 Street Reconstruction-AET Proposal for Material Testing Recommendations
Dear Eric,
We have reviewed the materials testing proposal submitted by American Engineering Testing (AET)
dated April 18, 2014 and recommend approval based upon the following:
• Stantec has a breadth of project experience working with AFT and know first-hand they
have the knowledge, skill and technical expertise to complete the project.
• The recommended testing scope is comparable to street and utility projects similar in size.
• AFT price rates are comparable to other local testing firms.
If you have any questions or require further information please call me at (651)604-4808.
Regards,
STANTEC CONSULTING SERVICES INC.
Christopher W. Long, P.E.
c. Andy Kegley, -City of Oak Park Heights; Brad Reifsfeck, Lucas Miller, Rohini Ray-Stantec.
Page 28 of 48
CONSULTANTS
A`IERICAN • ENVIRONMENTAL
EN'GINEERING • GEOTECHNICAL
MATERIALS
TESTING, INC. • FORENSICS
April 18, 2014
City of Oak Park Heights
I4168 Oak Park Blvd. N.
Oak Park Heights, MN
Attn: Mr. Eric Johnson—City Administrator
ea''johnsonCd,citvofoakparkheic,hts.com,
RE: Proposal for Construction and Materials Testing?
2014 Street Reconstruction—Areas B, C& F
Oak Park Heights, Minnesota
AET Proposal No. 20-11856
Dear Mr. Johnson:
Thank you for the opportunity to provide a proposal to perform testing services on the referenced
project. American Engineering Testing, Inc., (AET) is pleased to provide this proposal which
presents our anticipated scope of services, our unit rates, and an estimated total cost to perform
these services.
Proiect Information
We understand the City of Oak Park Heights (City) will be performing roadway improvements
of residential streets in three separate areas. Stantec Consulting Services (Stantec) will be
performing the field engineering, construction staking and civil services for the City. We have
reviewed the plans and specifications for the project. We understand the project will include the
following:
Installation of utilities
• Grading of existing gravel surface and placement of aggregate base
• Construction of new bituminous roadway
• Construction of new concrete curb& gutter
• Construction of new concrete sidewalks and driveway aprons
Project Approach
During the construction improvements, AET will provide experienced, Mn/DOT certified
Engineering; Technicians to perform sampling and material testing services in accordance to the
2013 Mn/DOT Schedule of Materials Control. Our testing services will be based out of our St.
Paul Office. for this project, Mr. Michael McCarthy will be AET's contact. He can be reached
at(651)52.3-1260 (office)or(612) 685-0058 (cell).
5548 Barthel Industrial Drive NE,Suite 500IAIbertvifle,MN 55301
Phone(763)428-5573IToll Free 800-972-6364 IFax(763)428-5575 www,amengtest.com �AAlEEC, ft
This document shall not be reproduced,except in full,without written approval from American Engineering Testing.Inc.
Page 29 of 48
City of Oak.Park Heights
A pri 118,2014
Page 2 of 4
Scope of Services
Based on our review of the available plans, our experience with Stantec on similar projects, and
our discussions with Mr. Adam Martinson, our anticipated scope of services are outlined below.
These services will be provided on a part-time, will-call basis coordinated through authorized
Stantec field personnel.
Soils Sampling and Testing
Our estimate of the sampling and testing to be performed on the grading and base items is based
on the requirements of Mn/DOT's "Specified Density Method" and in accordance with Mn/DOT
Schedule of Materials Control. We will also be providing supplemental testing of the
compaction of the fill or backfll with a nuclear density gauge (per ASTM D6938). AET will
ped'orm in-place density and moisture testing on the following materials:
• Utility trench backfill
• Embankment fill
The Mn/DOT Dynamic Cone Penetrometer will be used to verify density on the aggregate base
sections of the project following the Mn/DOT Modified Penetration Index procedures in
accordance with the Mn/DOT Schedule of Materials Control.
Bituminous Pavement Sampling and Testing
As bituminous paving is being completed, a certified Engineering Technician will obtain
companion samples, provided by the contractor, during each day of paving. Samples will be
tested in our laboratory for the following:
• Gyratory density, Rice specific gravity and VMA.
• Asphalt extraction and aggregate gradation.
After the completion of the paving of the non-wear course, we will obtain companion core
samples, provided by the contractor, for laboratory testing. This testing will include the
following:
• The thickness of the core sample.
• The density of the core sample.
• Determination of the percent of Gmm (percent of maximum specific gravity).
If required, we can also run the Mn/DOT program to determine random core locations of
bituminous based on tonnage (lot sizes) and pavement placement patterns. This information will
be given to Stantec to pass along to the paving contractor.
At your request, AET could provide Bituminous Plant Inspection services. We would provide a
MnDOT certified Engineering Technician to perform the inspection of the bituminous plant on a
will-call basis when requested by you or your authorized representative. We have not been
requested to perform these services.
Page 30 of 48
City of Oak Park Heights
April 18, 2014
Page 3 of 4
Concrete Testing
During the placement of concrete curbs and gutters, sidewalks, and pedestrian ramps, AET will
perform field testing consisting of slump, air content and temperature of the plastic concrete,
followed by casting of cylinders for compression testing. The Mn/DOT Schedule of Materials
Control requires one compressive strength cylinder be cast per every 100 cubic yards of each
type of concrete placed each day then retrieved the following day for testing in our laboratory.
We have included in our cost estimate the option for casting a set of three cylinders at the
frequency required by the Mn/DOT Schedule of Materials Control. We recommend that this
option is chosen and the set of three compressive strength cylinders be tested at the following
ages, one at 7 days, one at 28 days, and the third cylinder be held in reserve for future testing if
the 28 day strength requirement is not met in the 28 day period.
At your request, AET could provide Concrete Plant Inspection services. AET would provide a
MnDOT certified Engineering Technician to perform the inspection of the concrete plant on a
will-call basis when requested by you or your authorized representative. We have not been
requested to perform these services.
Water Testing
AET has included the costs to perform Total Coliforrn Testing of the new water lines. AET will
collect water samples at the locations and frequencies requested by the client. The samples will
be submitted to MDH approved laboratories for total coliform analysis. Based on our
conversations with Mr. Adam Martinson, we have assumed one set of two tests will be
performed for every 1000 feet of waterline placed.
Estimated Fees
Our services will be provided on a unit cost basis according to the unit rates provided in the
attached Fee Schedule. Our invoices will be determined by multiplying the number of personnel
hours or tests by their respective unit rates.
We have estimated a `"minimum required estimate" which estimates the tests needed to satisfy
the requirements as defined in Mn/DOT's Schedule of Material Control. The "likely needed
estimate" is the cost that we anticipate will be required to complete the previously described
testing services, based on our experience and assumed scheduling of the project. Therefore, we
propose a budget cost estimate using the "likely needed'" estimate of$37,542.00.
We refer you to the attached Materials Testing Estimate as reference to how we arrived at this
estimated cost for the roadway. We caution that this is only an estimated cost.
Often, variations in the overall cost of the services occur due to reasons beyond our control, such
as weather delays, changes in the contractor's schedule, unforeseen conditions or retesting.
These variations will affect the actual invoice totals, either increasing or decreasing our total
costs for the project from those estimated in this proposal. If more time or tests are required,
additional fees may be needed to complete the project testing services. If less time or tests are
needed, a cost savings will be realized.
Page 31 of 48
City of Oak Park Heights
April 18, 2014
Page 4 of 4
Terms and Conditions
Our services will be performed in accordance with the terms and conditions outlined in our
attached "Service Agreement".
Acceptance
We are submitting this proposal for acceptance. When it is accepted, we ask that a copy be
signed by an authorized representative of the party responsible for payment for these services,
and that this copy be returned to us as authorization to proceed.
Acceptance of this proposal by the authorized signature, verbal authorization to proceed, or
issuance of a purchase order, indicates that you understand and accept the terms and conditions
contained in this proposal, including the "Service Agreement."'
General Remarks
If you have any questions regarding this proposal, or if we can be of further assistance, please
call me at (763) 428-5573
Sincerely.
American Engineering Testing, Inc.
Brian F. Arman
Geologist
Branch Supervisor
PROPOSAL ACCEPTED BY
Signature:
Printed Name:
Company:
Date:
cc: Adam Martinson - Stantec
Brad Reifsteck—Stantec
Chris Long- Stantec
Attachments:
Materials Testing Estimate for Construction Services
Service Agreement
Page 32 of 48
111EIiICv�
F!:GItiI:fRl\[; Materials Testing Estimate for City of Oak Park Heights Street Reconstruction
t 1 Trsnst..l�c.
Material Units Qty- Trips Hrs Agenry Testing Freq. #of Tests Cost per Cost S
Minimum -Likely test S Minimum I Likely.
Common F.r ,ahcn CU YD 22,300 6 6 Moisture Densoty t pe,soil proctor 5 6 115.00 115.00 690.00
6 6 Relative Dens' Saodcone-Upon Request) 6 6 47.00 282.00 262 QO
Relatve Moisture VII 000 CU YD 6 6 15.00 90.00 i 90.00
it 12 Nuclear DensiV Gauge Testing(Upon Re usst 0 14 25.00 0.00 1 35000
Subgrade Excavation CU YD 4.800 2 2 IMoisture Densrty 1 per soil l e Proctor 5 2 115.00 11500 1 23000
2 2 1 Relative Dens Sanocone-U on Request) 2 1 2 47.00 1 94 DD 1 94.00
Refative Moisture 1110,000 CU YD 1 2 8 15.00 30.00 1 120.00
4 lNudear Density Gauge Testing 114,000 CU YD 0 8 25.00 0,00 200.00
Grading Matenal GU YD 9,500 f 2 1 2 lGradation 1120,000 CU YD 1 2 8600 88,00 176.OD
4 8 DCP Ir2000 CU YD included in hou rate
Nuclear Density Gauge Testing U on Request) 25.00
Aggregate Base-Class V CU YD 24,900 1 4 1 8 lGradabon 415500 CU YD 20 24 88.00 1760.00 2112.00
Moisture 111000 CU YD�or Noll t0 10 15.00 150.00 150.00
10 20 OCP 2/10D0 CU YD included in loud rate
Bdumincus Testing-SP WE NW TON 5,440 1 6 6 MnlDot G rata y Mix Pro Ries f t tesU4a!mix. e) 4 6 500.00 2000.00 3000.00
MnlDat Marsha'Mix Pro roes 511000 ton or 11da 365.00 0.00 0.00
ompanion are ensny a ma a iibuu ton-
3 6
ronweanng wurse only) 6 24 42.DD 252.00 1008.00
Concrete CU YD 1200' C under Molds t er 100 CU YD 12 72 3.00 36,00 218.00
Testing of PWsiic Concrete(1 set 1100 GU YO) -
Esavretea 24 48 lnciuded in hours rate
79stin of hardened Concrete Cylinders 72 72' 2200 264.00 1584.00
To soil Borrow I. CU YD 1 1570 1 2 1 2 ITapAoil Barrow Testing 111 DOO.CU YD 2 2 1 350-00 70000 700.00
COliform Test on New Water Line I FT 9400 1 lColifomi Testin assumes 2 testsft00011i 19 25 350-00 1 6,650.00 1 8,750.00
83 134 Subl tall IZ.222.001 19,752.00
Time and Mileage' Unit Rate 5 Minimum Quantd Likely Q.amily Mi�020.130 m Cost Likely Cost
!ManMile 0.75 3000 4000 .00 3000.DO
Technician Time Hr 79.00 80 130 10270.00
Praect Management Hr 113.00 25 40 .00 4520.00
Subtotal= 5.00 17790.00
Minimum Likely
Estimate prepared by.Andrew Gunnink Total Cost EStimate= I 23,624.00 37,542.00
Page 33 of 48
CONSTRUCTION SERVICE AGREEMENT-TERMS AND CONDITIONS Page 1 of 4
SECTION 1-RESPONSIBILITIES
1_1-The party to whom the proposal/contract is addressed is considered the Client of American Engineering Testing,Inc.(AET).The terms and
conditions stated are binding, upon acceptance, on the Client, its successors, assignees,joint ventures and third-party beneficiaries. Verbal
proposal acceptance or authorizing purchase orders from the Client are considered formal acceptance of AET's terms and conditions. By
signing the proposal or verbally authorizing the services,the authorizing party attests that they have the authority to legally bind the Client
to agreement.
1_2-Prior to AET performing services,Client will provide AET with all information that may affect the cost,progress,safety and performance of
the services.This includes,but is not limited to,information on proposed and existing construction,all pertinent sections of contracts between
Client and property owner, site safety plans or other documents which may control or affect AEI's services. If new information becomes
available or changes are made during AET's services, Client will provide such information to AET in a timely manner. Earthwork and
construction activities are done to support a particular structure (type, size, and shape) or facility at a specific location and elevation. If the
type of structure or facility(structural type,size,shape,location,elevation,etc.)changes,the earthwork or construction activities completed
may no longer provide suitable structural support or be capable of supporting the intended construction.Additional earthwork or redesign of
all or a part of the structure or facility may be needed. Failure of client to timely notify AET of changes to the project including,but not limited
to, location, elevation, loading, or configuration of the structure or improvement will constitute a release of any liability of AET. Client will
provide a representative for timely answers to project-related questions by AET.
1.3 - AET observes and tests earthwork and other construction operations and materials, and may provide opinions, conclusions and
recommendations regarding the same. However, AET's work does not relieve the contractors of their contractual responsibility to perform
their work in accordance with approved plans,specifications and building code requirements.
1.4-AET personnel do not have authority to accept,reject,direct or otherwise approve the work of the contractor.AET cannot stop work or
waive or alter the requirements of the project documents.Any authority given to AET by Client must be in writing prior to the start of work.
1_5-AET does not perform construction management,general contracting or surveying services and our involvement with the project does
not constitute any assumption of those responsibilities.
1_6-Services performed by AET often include sampling at specific locations. Inherent with such sampling is variation of conditions between
sampling locations. Client recognizes this uncertainty and the associated risk, and acknowledges that opinions developed by AET, based on
samples so taken,are qualified to that extent.
1_7-AET is not responsible for interpretations or modifications of AET's recommendations by other persons.
1_8-Should changed conditions be alleged,Client agrees to notify AET before evidence of alleged change is no longer accessible for evaluation.
1.99-Test borings and/or cone penetration test soundings to a proper depth below foundation grade and the base of suitable bearing soils
are recommended for projects where supporting soils will be subjected to increased loads to explore the deeper unseen soil and ground
water conditions.Judgments made by AET personnel regarding the suitability of materials and ground water conditions below the bottom of
an excavation are limited if sufficiently deep test borings/soundings are not provided by the Client prior to our observations and judgments.
AET's opinions,conclusions and recommendations are qualified to that extent.
1.10—AET reserves the right to charge for time to negotiate new terms and conditions from those portrayed in our proposal or should the
Client require the use of their contract format.If mutually acceptable terms cannot be established,AET shall have the right to withdraw their
proposal without any liability to the Client, Owner or other parties and assigns associated with the project. If Client requests use of their
contract format after the services have already been authorized, AET will be compensated for services rendered prior to approval of the
Client's contract by both parties according to the AET Terms and Conditions.
1.11—The AET proposal accompanying these terms and conditions is valid for sixty(60)days after the proposal issuance date to the Client. If
Client authorizes the services after the expiration date,AET reserves the right to review and revise the proposal as necessary.
SECTION 2-WILL CALL SERVICES
2_1 - Unless specifically directed, AET's services will be performed on a will-call basis at the direction of the Client or their authorized
representatives. The client and its authorized representatives accept that there are inherent risks associated with performing engineering
judgments and testing services on a will-call basis.Work performed on a will-call basis does not permit complete evaluation of the work being
performed. AET can not, with certainty, document or provide complete judgments regarding work which we did not observe or test. Our
opinions,conclusions,and recommendations are qualified to that extent.
2_2-Density tests of fill and soil represent conditions only at the locations and elevations tested and do not necessarily represent conditions
elsewhere. Judgments made regarding the engineering capability of the entire fill sequence should not be based on random, non-
representative tests.
2_3—AET requires a minimum of 24 hours notice of the need for services.AET will not be liable for claims, damages, or delays related to
failure of Client to provide adequate advance notice to AET.
SECTION 3-SITE ACCESS,UNDERGROUND FACILITIES AND CONSTRUCTION STAKING
3_1-Client will furnish AET safe and legal site access.
3_2 - AET is not responsible for locating underground facilities on construction sites. we proceed on the assumption that underground
facilities have been located and cleared, and we will not accept liability for damaging same.An underground facility is an underground line,
fixture,system, and its appurtenances used to produce, store, convey,transmit, or distribute communications, data, electrical power,heat,
gas,oil,petroleum products,water including storm water,steam,sewage,and other similar substances.
3_3-Normally,the location and elevation of a proposed structure or facility is staked(with offsets)by others or provided by use of their GPS
equipment. Our measurements are made in relation to those stakes or the GPS information provided by others. The reliability of any
opinions, conclusions, and recommendations based on those measurements is strictly dependent on the accuracy of the staking or GPS
information provided by others.
3_4 - During construction, observations and testing services are based on the positioning of the formwork by the contractor or their
subcontractor.AET will not be held responsible for any errors that result due to improper location or positioning of the formwork.
ACS 4036(08/13) AMERICAN ENGINEERIN ,T, .
CONSTRUCTCON SERVICE AGREEMENT-TERMS AND CONDITIONS Page 2 of 4
SECTION 4-SAFETY
441 - Client shall inform AET of any known or suspected hazardous materials or unsafe conditions at the site. If, during the course of AET's
services,such materials or conditions are discovered,AET reserves the right to take measures to protect AET personnel and equipment or to
immediately terminate services.Client shall be responsible for payment of such additional protection costs.
4_2-AET shall only be responsible for the safety of AET employees at the site.The Client or other persons shall be responsible for the safety of
all other persons at the site.
SECTION 5-SAMPLES
55.11-Client is responsible for informing AET of any known or suspected hazardous materials prior to submittal to AET.Ali samples obtained by
or submitted to AET remain the property of the Client during and after the services.Any known or suspected hazardous material samples will
be returned to the Client at AET's discretion.
5_2-Non-hazardous samples will be held for 30 days and then discarded unless,within 30 days of the report date,the Client provides a written
request that AET store or ship the samples,at the Client's expense.
SECTION 6-PROJECT RECORDS
The original project records prepared by AET will remain the property of AET.AET shall retain these original records for a period of three years
following submission of the report,during which period the project records can be made available to Client at AET's office at reasonable times.
SECTION 7-STANDARD OF CARE
AET performs its services consistent with the level of care and skill normally performed by other firms in the profession at the time of this
service and in this geographic area,under similar budgetary constraints.
SECTION 8-INSURANCE
AET maintains Worker's Compensation, Comprehensive General Liability,Automobile Liability and Professional Liability insurance with limits
shown below.AET will furnish certificates of insurance to Client upon request.
8.1—AET maintains the following insurance coverage and limits of liability:
Workers'Compensation Statutory Limits
Employer's Liability $1,000,000 each accident
$1,000,000 disease policy limit
$1,000,000 disease each employee
Commercial General Liability $1,000,000 each occurrence
$1,000,000 aggregate
Automobile Liability $1,000,000 each accident
Professional Liability Insurance $1,000,000 per claim
$1,000,000 aggregate
8_2 - Commercial General Liability insurance will include coverage for Products/Completed Operations (extending two (2) years after final
acceptance of the Project by Owner or such longer period as the Contract Documents may require), Broad Form Property Damage including
Completed Operations, Personal Injury, and Blanket Contractual Liability insurance applicable to AET's indemnity obligations under this
Agreement.
8_3 Automobile Liability insurance shall include coverage for all owned,hired and non-owned automobiles.
$84 -Professional Liability Insurance is written on a claims-made basis and coverage will be maintained for two years after final acceptance
of the Project by Owner. Renewal policies during this period shall maintain the same retroactive date.
88=5 -AET can,if requested by Client and permitted by AET's insurer,endorse its Commercial General Liability(including Products/Completed
Operations coverage) to add Client and Owner as an "additional insured" with respect to liability arising out of the Services performed for
Client or Owner by AET.Such insurance afforded to Client and Owner as an additional insured under AET's policies shall be primary insurance
and not excess over,or contributing with,any insurance purchased or maintained by Client or Owner.
8.6 -AET will maintain in effect all insurance coverage required by this Agreement at its sole expense,provided such insurance is reasonably
available,and with insurance carriers licensed to do business in the state in which the Project is located and having a current A.M. Best rating
of no less than A minus(A-).
8_7—AET reserves the right to charge Client for additional coverage, coverage limits or policy modification including waiver of subrogation
and other project specific requirements not known at the time of our proposal,subject to approval by AEI's insurance providers.
SECTION 9-DELAYS
If delays to AEI's services are caused by Client or Owner,work of others,strikes, natural causes,weather,or other items beyond AEI's control,
a reasonable time extension for performance of work shall be granted,and AET shall receive an equitable fee adjustment.
ACS 4038(08/13) AMERICAN ENGINEERING AffiVh ?4.
CONSTRUCTION SERVICE AGREEMENT-TERMS AND CONDITIONS Page 3 of 4
SECTION 10-PAYMENT,INTEREST AND BREACH
10.1 - Invoices are due on receipt. Client will inform AFT of invoice questions or disagreements within 15 days of invoice date; unless so
informed,invoices are deemed correct.In any case,Client shall pay for services of AET within 30 days of invoice.
10.2-Client agrees to pay interest on unpaid invoice balances at a rate of 1.5%per month,or the maximum allowed by law,whichever is less,
beginning 30 days after invoice date.
10.3-If any invoice remains unpaid for 60 days,such non-payment shall be a material breach of this agreement.As a result of such material
breach,AET may, at its sole option,terminate all duties to the Client or other persons,without liability as well as withhold any and all data
from Client until such invoice payments are restored to a current status.
10.4-Client will pay all AET collection expenses and attorney fees relating to past due fees which the Client owes under this agreement.
SECTION 11-MEDIATION
11_1 - Except for enforcement of AET's rights to payment for services rendered or to assert and/or enforce its lien rights, including without
limitation assertion and enforcement of mechanic's lien rights and foreclosure of the same, Client and AET agree that any claim, dispute or
other matter in question arising out of or related to this Agreement shall be subject to mediation as a condition precedent to arbitration or the
institution of legal or equitable proceedings by either party; provided however that if either party should fail to respond to a request for
mediation within 60 days after the request,this requirement for mediation as a condition precedent to arbitration or the institution of legal or
equitable proceedings shall be of no force and effect.
11.2-Unless Client and AET mutually agree otherwise,mediation shall be in accordance with the Construction Industry Mediation Rules of the
American Arbitration Association. Request for mediation shall be in writing and the parties shall share the mediator's fee and any filing fees
equally.The mediator shalt be acceptable to both parties and shall have experience in commercial construction matters.
SECTION 12-LITIGATION REIMBURSEMENT
Payment of AET costs for Client lawsuits against AFT which are dismissed or are judged substantially in AFT's favor will be the Client's
responsibility.Applicable costs include,but are not limited to,attorney and expert witness fees,court costs,and AET costs.
SECTION 13-MUTUAL INDEMNIFICATION
13.1-AET agrees to indemnify Client from and against liability arising out of AET's negligent performance of the services,subject to Section 14
and any other limitations,other indemnifications or other provisions Client and AET have agreed to in writing.
13.2 - Client agrees to indemnify AET from and against liability arising from the negligent conduct of the Client, Owner, Client's
Contractors/Subcontractors or other third parties,subject to any limitations, other indemnifications or other provisions Client and AET have
agreed to in writing.
13.3-If Client has indemnity agreement with other persons,the Client shall include AFT as a beneficiary.
13.4—AET's indemnification to the Client is limited solely to losses or damages caused by its failure to meet the standard of care and only to
the extent of its negligence
13.5-AET will not accept any obligation to indemnify Client other than to meet the standard of care. If a court of competent jurisdiction
rules that indemnity is implied or if required by law,AET's obligation for the costs of indemnity is only to the extent due to AET's negligent
acts,errors or omissions.
SECTION 14-LIMITATION OF LIABILITY
Client agrees to limit AET's liability to Client arising from AET's negligent acts,errors or omissions,such that the total liability of AET shall not
exceed$100,000.
SECTION 15—UNIONIZATION
AET reserves the right to renegotiate an appropriate fee increase or to terminate its contract on three (3)days written notice to Client and
will not accept any liability for any penalties or costs from Client, Owner and their successors, assignees,joint-venturers, Contractors and
Subcontractors, or any other parties involved with the project for claims,liabilities,damages or consequential damages directly or indirectly
related to AET being required to provide unionized personnel on the project. Reservation of this right on the part of AET represents neither
approval nor disapproval of unions in general or the use of collective bargaining agreements.
SECTION 16-POSTING OF NOTICES ON EMPLOYEE RIGHTS
Effective June 21, 2010, prime contracts with a value of$100,000 or more and signed by federal contractors on projects with any agency of
the United States government must comply with 29 CFR Part 471, which requires physical posting of a notice to employees of their rights
under Federal labor laws. The required notice may be found at 29 Code of Federal Regulations Part 471, Appendix A to Subpart A. The
regulation also has a "flow-down" requirement for subcontractors under the prime agreement for subcontracts with a value of$10,000 or
more. AFT requires strict compliance of its subcontractors working on federal contracts subject to this regulation. The regulation has specific
requirements for location of posting and language(s)for the poster.
SECTION 17-TERMINATION
After 7 days written notice,either party may elect to terminate work for justifiable reasons. In this event,the Client shall pay AET for all work
performed,including demobilization and reporting costs to complete the file.
SECTION 18-SEVERABILITY
Any provisions of this agreement later held to violate a law or regulation shall be deemed void,and all remaining provisions shall continue In
force. However, Client and AET will in good faith attempt to replace an invalid or unenforceable provision with one that is valid and
enforceable,and which comes as close as possible to expressing the intent of the original provision.
ACS 403B(08/13) AMERICAN ENGINEERING OTir k.
CONSTRUCTION SERVICE AGREEMENT-TERMS AND CONDITIONS Page 4 of 4
SECTION 19-GOVERNING LAW
This Agreement shall be construed,and the rights of the parties shall be determined,in accordance with the Laws of the State of Minnesota.
SECTION 20-ENTIRE AGREEMENT
This agreement,including attached appendices,is the entire agreement between AET and Client.Regardless of method of acceptance of AET's
proposal and general conditions by the Client, this agreement nullifies any previous written or oral agreements, including purchase/work
orders.Any modifications to this agreement must be mutually acceptable to both parties and accepted in writing. No considerations will be
given to revisions to AET's general conditions or alternate contract format submitted by the Client as a condition for payment of AET's accrued
services.
ACS 4038(08/13) AMERICAN ENGINEERING MP1146,06ff.
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Page 38 of 48
Oak Park Heights
Request for Council Action
Meeting Date April 22, 2014
Time Required: 5 minutes
Agenda Item Title: Possible Sale of$3,190,000 G.O. Bonds 2014A
Agenda Placement Old Business
Originating Department/Requestor Betty Caruso, Finance Director
Requester's Signatures �� -
Action Requested Approve Resolution (as Attached) pending possible Bond Sale on 4/22/14
Background/Justification (Please indicate if any previous action has been taken or if other public
bodies have advised):
The City's paperwork and bond rating from Moody's was completed ahead of schedule. After—
Steve Mattson, Northland Securities, reviewed the bonds that are scheduled to be sold on April
22, 2014,J�c felt that it may be a favorable market and that he may present the City's bonds for
sale. If he does, and the Mayor and City Administrator agree, the bonds could be sold that day.
If so, then council can adopt the resolution for the sale of the General Obligation Bonds of
2014A.
I've attached a similar Resolution Awarding the Sale of the Bonds, but we will not know the
final details until the council meets. Mr. Mattson or Bond Counsel will supply the Resolution for
adoption.
If the bonds are not sold I will request the removal of this item from the agenda.
Page 39 of 48
EXTRACT OF _T\1l NUTES OF A MEETING
CITY COCINCIL OF THE
CITY OF OAK PARK HEIGHTS, MINNESOTA
HELD: May 27, 2008
Pursuant to due call and notice thereof, a regular or special meeting of the City Council
of the Cite of Oak Park Heights_ Washington County, Minnesota, was duly held at the City- Hall
on MaN 27. 2008, at 7:00 P.M.. i or the purpose, in part, of authorizing the issuance and awarding
the sale of$6,300,000 General Obligation Capital Improvement Plan Bonds, Series 2008A.
The following members were present: Beaudet, Abrahamson, Doerr,McComber, and
Swenson
and the following were absent: None
Member Doerr introduced the following resolution and moved its adoption:
RESOLUTION NO. 08-05-21
FINAL RESOLUTION PROVIDING FOR THE SALE 01- $6.300,000 GENERAL
OBLIGATION CAPITAL IMPROVEMENT PLAN BONDS, SERIFS 2008A AND SETTING
FINAL INTEREST RATES, REDEMPTION PROVISIONS AND 'I AX LEVY FOR THE
PAYMENT THEREOF PURSUANT TO RESOLUTION NO. 08-05-19 WHICH
AUTHORIZED THE ISSUANCE OF THE BONDS
A. WHEREAS, on November 7, 2007, the City Council of the City Oak Park
Heights, Minnesota (the "City"), held a public licaring on the proposed issuance of general
obligation capital improvement plan bonds and, pursuant to Resolution Nos. 7-11-62 and 7-11-
63, approved and adopted the 2008 through 2012 Five-Year Capital Improvement Plan for City
of Oak Park Heights, Mii-mesota (the 'Plan"), all in accordance with the provisions of Minnesota
Statutes, Section 475.521; and
B. WHEREAS, on May 13, 2008, the City Council adopted Resolution No. 08-05-
19, which approved the issuance of general obligation capital improvement plan bonds to finance
the rehabilitation and/or replacement of city hall facilities, including the police department and
public works areas (the "Project"), all pursuant to the Plan; and
C. WIIFRh;AS, no petition signed by voters equal to five percent of the votes cast in
the City in the last general election requesting a vote on the issuance of the general obligation
capital improvement plan bonds has been filed with the Administrator within thirty days after the
public hearing on the Plan and on the issuance of the general obligation capital improvement
plan bonds; and
D. WHEREAS, the City Council hereby determines and declares that it is necessary
and expedient to issue $6,300,000 General Obligation Capital Improvement Plan Bonds, Series
211(597v1
Page 40 of 48
2008A (the "Bonds" or, individually, a "Bond"), pursuant to Minnesota Statutes, Section 475.521
and Chapter 475, to provide funds to finance the Project: and
E. WHEREAS_ the City has heretofore determined. in accordance with Minnesota
Statutes, Section 475.521, Subd. 4, that the principal and interest to become due in any year on
all the outstanding bonds issued by the City- under Miruiesota Statutes, Section 475.521.
including the Bonds_. will be less than 0.16 percent of the taxable market value of property in the
City; and
F. AA'HERE,%S, the Cite has retained Sound Capital Management Inc., in Eden
Prairie, Minnesota, as its independent financial advisor for the sale of the Bonds and was
therefore authorized to sell the Bonds by private negotiation in accordance with Minnesota
Statues, Section 475.60, Subdivision 2(9); and
G. WHEREAS, it is in the best interests of the City that the Bonds be issued in book-
entry form as hereinafter provided; and
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Oak Park
Heights, Minnesota, as follows:
1. Acceptance of Offer. The offer of Northland Securities, Inc. (the "Purchaser"), to
purchase the Bonds in accordance with the terms and at the rates of interest hereinafter set forth,
and to pay therefor the sure of S6.219-201.95, plus interest accrued to settlement, is hereby
accepted.
2. Bond Terms.
(a) Original Issue Date: Denominations, Maturities; Term Bond Option. The Bonds
shall be dated .tune 15, 2008, as the date of original issue, be issued forthwith on or after such
date in fully registered form, be numbered from R-1 upward in the denomination of$5,000 each
or in any integral multiple thereof of a single maturity(the "Authorized Denominations"), and
shall mature on December 15 in the years and amounts as follows:
Year Amount Year Amount
2009 $135,000 2019 $290,000
2010 150,000 2020 315,000
2011 155,000 2021 340,000
2012 170,000 2022 370,000
2013 185,000 2023 405,000
2014 200,000 2024 440,000
2015 215,000 2025 485,000
2016 230,000 2026 525,000
2017 250,000 2027 560,000
2018 270,000 2028 610,000
As may be requested by the Purchaser, one or more term Bonds may be issued having
mandatory sinking fund redemption and final maturity amounts conforming to the foregoing
2116597v1 2
Page 41 of 48
principal repayment schedule, acid correspondir- additions may be made to the provisions of the
applicable Bond(s).
(b) Book Entry OnlySystem. The Depository Trust Company, a limited purpose
trust company organized under the laws of the State of New York or and of its successors or its
successors to its functions hereunder(the "Depository") will act as securities depository for the
Bonds, and to this end:
(i) The Bonds shall be initially issued and, so long as they remain in book
entry form oa)ly (the "Book Entry Only Period"), shall at all times be in the form of a
separate single fully registered Bond for each maturity of the Bonds; and for purposes of
complying with this requirement under paragraphs 5 and 10 Authorized Denominations
for any Bond shall be deemed to be limited during the Book Entry Only Period to the
outstanding principal amount of that Bond.
(ii) Upon initial issuance, ownership of the Bonds shall be registered in a bond
register maintained by the Bond Registrar(as hereinafter defined) in the name of CEDE
& CO., as the nominee (it or any nominee of the existing or a successor Depository,the
"Nominee").
(iii) With respect to the Bonds neither the City nor the Bond Registrar shall
have any responsibility or obligation to any broker, dealer, bank, or any other financial
institution for which the Depository holds Bonds as securities depository (the
"Participant") or the person for which a Participant holds an interest in the Bonds shown
on the books and records of the Participant (the "Beneficial Owner"). Without limiting
the immediately preceding sentence, neither the City, nor the Bond Registrar, shall have
any such responsibility or obligation with respect to (A) the accuracy of the records of the
Depository. the Nominee or any Participant with respect to any ownership interest in the
Bonds. or (B) the delivers' to any Participant, any O,,Nner or any other person, other than
the Depository, of any notice with respect to the Bonds, including any notice of
redemption, or (C)the payment to any Participant, any Beneficial Owner or any other
person, other than the Depository, of any amount with respect to the principal of or
premium, if any, or interest on the Bonds, or (D) the consent given or other action taken
by the Depository as the Registered Holder of any Bonds (the "Holder"). For purposes of
securing the vote or consent of any Holder under this Resolution, the City may, however,
rely upon an omnibus proxy under which the Depository assigns its consenting or voting
rights to certain Participants to whose accounts the Bonds are credited on the record date
identified in a listing attached to the omnibus proxy.
(iv) The City and the Bond Registrar may treat as and deem the Depository to
be the absolute owner of the Bonds for the purpose of payment of the principal of and
premium, if any, and interest on the Bonds, for the purpose of giving notices of
redemption and other matters with respect to the Bonds, for the purpose of obtaining any
consent or other action to be taken by Holders for the purpose of registering transfers
with respect to such Bonds, and for all purpose whatsoever. The Bond Registrar, as
paying agent hereunder, shall pay all principal of and premium, if any, and interest on the
Bonds only to the Holder or the Holders of the Bonds as shown on the bond register, and
zl t6597V 1 3
Page 42 of 48
all such payments shall be valid and effective to fully satisfy and discharge the City's
obligations with respect to the principal of and premium, if any, and interest on the Bonds
to the extent of the sum or sums so paid.
(v) Upon delivery by the Depository to the Bond Registrar of written notice to
the effect that the Depository has determined to substitute a new Nominee in place of the
existing Nominee, and subject to the transfer provisions in paragraph 10, references to the
Nominee hereunder shall refer to such new Nominee.
(vi) So long as any Bond is registered in the name of a Nominee, all pad nients
with respect to the principal of and premium, if any, and interest on such Bond and all
notices with respect to such Bond shall be made and given, respectively, by the Bond
Registrar or City, as the case may be, to the Depository as provided in the Letter of
Representations to the Depository required by the Depository as a condition to its acting
as book-entry Depository for the Bonds (said Letter of Representations, together with any
replacement thereof or amendment or substitute thereto, including any standard
procedures or policies referenced therein or applicable thereto respecting the procedures
and other matters relating to the Depository's role as book-entry Depository for the
Bonds, collectively hereinafter referred to as the "Letter of Representations").
(vii) All transfers of beneficial ownership interests in each Bond issued in
book-entry form shall be limited in principal ainount to Authorized Denominations and
shall be effected by procedures by the Depository with the Participants for recording and
transferring the ownership of beneficial interests in such Bonds.
(viii) In connection with any notice or other communication to be provided to
the Holders pursuant to this Resolution by the City or Bond Registrar with respect to any
consent or other action to be taken by Holders, the Depository shall consider the date of
receipt of notice requesting such consent or other action as the record date for such
consent or other action; provided,that the City or the Bond Registrar may establish a
special record date for such consent or other action. The City or the Bond Registrar shall,
to the extent possible, give the Depository notice of such special record date not less than
15 calendar days in advance of such special record date to the extent possible.
(ix) Any successor Bond Registrar in its written acceptance of its duties under
this Resolution and any paying agency/bond registrar agreement, shall agree to take any
actions necessary from time to time to comply with the requirements of the Letter of
Representations.
(x) In the case of a partial prepayment of a Bond, the Holder may, in lieu of
surrendering the Bonds for a Bond of a lesser denomination as provided in paragraph 5,
make a notation of the reduction in principal amount on the panel provided on the Bond
stating the amount so redeemed.
(c) Termination of Book-Entry 0111\T System. Discontinuance of a particular
Depository's services and termination of the book-entry onlN system may be effected as follows:
21165970
Page 43 of 48
(i) The Depository may determine to discontinue providing its services "°it.h
respect to the Bonds at any time by giving written notice to the Cite and discharging its
responsibilities with respect thereto under applicable law. The Cit. may terminate the
services of the Depository with respect to the Bond if it determines that the Depository is
no longer able to carry out its functions as securities depository or the continuation of the
system of book-entry transfers through the Depository is not in the best interests of the
City or the Beneficial Owners.
(ii) Upon termination of the services of the Depository as provided in the
preceding paragraph, and if no substitute securities depository is willing to undertake the
functions of the Depository hereunder can be found which, in the opinion of the City, is
willing and able to assume such functions upon reasonable or customary terms, or if the
City determines that it is in the best interests of the City or the Beneficial Owners of the
Bond that the Beneficial Owners be able to obtain certificates for the Bonds, the Bonds
shall no longer be registered as being registered in the bond register in the name of the
Nominee, but may be registered in whatever name or names the Holder of the Bonds
shall designate at that time, in accordance with paragraph 10. To the extent that the
Beneficial Owners are designated as the transferee by the Holders, in accordance with
paragraph 10,the Bonds will be delivered to the Beneficial Owners.
(iii) Nothing in this subparagraph (c) shall limit or restrict the provisions of
paragraph 10.
(d) Letter of Representations. The provisions in the Letter of Representations are
incorporated herein by reference and made a part of the resolution, and if and to the extent any
such provisions are inconsistent with the other provisions of this resolution, the provisions in the
better of Representations shall control.
3. P=ose. The Bonds shall provide funds to finance the Project. The total cost of
the Project, which shall include all costs enumerated in Minnesota Statutes, Section 475.65, is
estimated to be at least equal to the amount of the Bonds. )York on the Project shall proceed
with due diligence to completion. The City covenants that it shall do all things and perform all
acts required of it to assure that work on the Project proceeds with due diligence to completion
and that any and all permits and studies required under la" for the Project are obtained.
4. Interest. The Bonds shall bear interest payable semiannually on June 15 and
December 15 of each year(each, an "Interest Payment Date"), commencing December 15, 2008,
calculated on the basis of a 360-day year of twelve 30-day months, at the respective rates per
annum set forth opposite the maturity years as follows:
Maturitv Year Interest Rate Maturitv Year Interest Rate
2009 2.50% 2019 3.80%
2010 2.75 2020 4.00
2011 2.90 2021 4.00
2012 3.05 2022 4.00
2013 3.15 2023 4.05
2014 330 2024 4.10
2116597v1 5
Page 44 of 48
2015 3.45 2025 4.20
2016 3.60 2026 4.25
2017 3.70 2027 4.35
2018 3.75 2028 4.40
5. Redemption. All Bonds maturing on December 15, 2017, and thereafter shall be
subject to redemption and prepayment at the option of the City on December 15, 2016_ and on
any date thereafter at a price of par plus accrued interest. Redemption may be in whole or in part
of the Bonds subject to prepayment. If redemption is in part, the maturities and the principal
amounts within each maturity to be redeemed shall be determined by the City and if only part of
the Bonds having a common maturity date are called for prepayment, the specific Bonds to be
prepaid shall be chosen by lot by the Registrar. Bonds or portions thereof called for redemption
shall be due and payable on the redemption date, and interest thereon shall cease to accrue from
and after the redemption date. Mailed notice of redemption shall be given to the paying agent
and to each affected registered holder of the Bonds.
To effect a partial redemption of Bonds having a common maturity date, the Registrar
prior to giving notice of redemption shall assign to each Bond having a common maturity date a
distinctive number for each $5,000 of the principal amount of such Bond. The Registrar shall
then select by lot, using such method of selection as it shall deem proper in its discretion, from
the numbers so assigned to the Bonds, as many numbers as, at $5,000 for each number, shall
equal the principal amount of the Bonds to be redeemed. The Bonds to be redeemed shall be the
Bonds to which were assigned numbers so selected;provided, however. that on]N! so n-uch of the
principal amount of each Bond of a denomination of more than $5,000 shall be redeemed as shall
equal $5,000 for each number assigned to it and so selected. If a Bond is to be redeemed only in
part, it shall be surrendered to the Registrar(with, if the City or Registrar so requires. a "'ritten
instrument of transfer in form satisfactory to the City and Registrar duly executed by the Holder
thereof or the Holder's attorney duly authorized in writing) and the City shall execute (if
necessary) and the Registrar shall authenticate and deliver to the Holder of the Bond, without
service charge, a new Bond or Bonds having the same stated maturity and interest rate and of any
Authorized Denomination or Denominations, as requested by the Holder, in aggregate principal
amount equal to and in exchange for the unredeemed portion of the principal of the Bond so
surrendered-.
6. Bond Registrar. Northland Trust Services, Inc., in Minneapolis, Minnesota, is
appointed to act as bond registrar and transfer agent with respect to the Bonds (the "Bond
Registrar"), and shall do so unless and until a successor Bond Registrar is duly appointed, all
pursuant to any contract the City and Bond Registrar shall execute which is consistent herewith.
The Bond Registrar shall also serve as paying agent unless and until a successor paying agent is
duly appointed. Principal and interest on the Bonds shall be paid to the registered holders (or
record holders) of the Bonds in the manner set forth in the form of Bond and paragraph 12.
7. Form of Bond. The Bonds, together with the Bond Registrar's Certificate of
Authentication, the form of Assignment and the registration information thereon, shall be in
substantially the following form:
2116597vl 6
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Page 46 of 48
R
Oak Park Heights
Request for Council Action 8
Meeting Date: Tuesday pril 22, 2014
Agenda Item : Authorize I,emporary public works position Hire
Time Req. 5 Minutes
Agenda Placement: Old Business
Originating Department/Requestor: Public Works Andy Ke gley, Public Works Director
Requester's Signature
Action Requested: Authorize staff to ffer the te"Or public works position to Mike Colman
Background/Justification(Please indicate any previous action has been taken or if other public
bodies have been advised).
Please see attached memo.
Page 47 of 48
City of
Oak Park Heights
14168 Oak Park Blvd N.•Box 2007.Oak Paris Heights,MN 55082+Phone(651)439-4439•Fax 439-0574
Memorandum
To: Eric,Johnson, Administrator
Cc: Mayor and Council
From: Andrew Kegley, Public Works Director
Date: 04/17/14
Re: Temporary P.W. Position Hire
The City received two applications for the temporary full time public works position. A hiring
committee consisting of Andy K, Jennifer P, and Lisa D reviewed the applications, ranked both
applicants and interviewed the candidates.
Both candidates have potential as assets to the City; however it was decided with unanimous
consent that Mike Colman has a more broad set of skills and experience and is the best choice
to fill the position.
Mike, a native of Oak Park Heights, has worked for the City Parks department for the past
several seasons. Mike has gained the experience necessary to be assigned work with little
guidance, which is critical as staff resources are tied up in construction projects. Mike has
proven to be team oriented, flexible with scheduling and an overall good representative of the
City to the public.
The temp employee will work forty (40) hour per week for six(6) months spanning from May
to October. The pay rate is $18.19 per hour with no benefits.
Pending the return of a clear background investigation, I recommend the Council
authorize staff to extend the temporary public works position to Mike Colman.
TREE CITY U.S.A.
Page 48 of 48