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04-22-14 Council Handouts
City of Oak Park Heights Bills Presented for Payment April 22, 2014 Payroll Gross Payroll with PERA, FICA, and Medicare City Administration: 4-30-14 10,332.39 Finance: Full-Time 4-30-14 10,459.33 Police Department: Full-Time 4-30-14 41,842.53 Building Inspection Department: 4-30-14 3,695.41 Public Works-Street Maint.Department: Full-Time 4-30-14 974.45 Park and Recreation Department: Full-Time 4-30-14 1,081.81 Water Department Full-Time 4-30-14 6,494.67 Sewer Department Full-Time 4-30-14 4,058.58 Storm Sewer Department Full-Time 4-30-14 764.90 Total Utility Fund 11,318.15 Total Payroll 79,704.07 , E 2 \o 6 a § § 4 ° 0 ) } 74 7 0 — '- '-7-0 G'- '- — as Ni N CO C co co s_ CV N N \ r N ^ a m (N 0 N CO cs) CO s- '8.< ) < t co co o 0 co to o to E N 0 CO - } < co C (N n z 8■ . k �TS TS O N ( ) ( N NI N NI § N •k N k \ 0 CV k •k k •N \ 0_ CV I ) N. \ \ \ \ 0 er et. -er \ / R a a 4 G A G a § a F- -j 2 § 9 k o \ \ § oo co < a § ( } } 0 w Ce k / z 2 } § \ ) / § / § , z 0 0 V - 3 I- ) 0 z j 3 0 x z CL w B w e c ct o 2 E ± Ui o 0 § E \ £ t ± M E < $ M P. 0 -.1 Ui 2 2 0 n 0 2 I C § o $ $ § § \ z 7 , E ) § 0 § U ± § § e 0 Ix ca E 2 N- I § w M Z § ) sr S ) j k ® -Si Z ' - ( \ 0 \ \ < § k ) \ / Cl) I - § - g Cl) ƒ 0§ §a ƒ n e 0 ® © < < Z 0 Cl) z CV J z z z M ( lo z 0) e a E CC \ U) R § \ \ K § w 0 ¢ C 01 5 Z \ @ ¥ o z 2 % 0 G 0 a = ® 6 & « F- 3 0 - R 2 S i Z § B < .� E ( 0 0 0 § § $ - z E a W z # w co CO CO N CC co u = I ) { ) \ k 0 m ) \ n z 0 n § n 0 co z z § ( W 0 } 0 re< ƒ / � \ ) < \ \ U) \ 0 0 /To 0 { ) { / / / / 2 2 ) § ) R k § § % • ° ° f 10 N. 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LL el w o o M o taO v o a o m 0 A 0 ao w o a o o O 0 -0 CO CO ~ O ~ N ~ N N ~ N ~ N ~ N I— N N ~ Co ~ N } L A A N t- in A A A A t- in A A A A _ co tO CO co (4) co Y> N to X11 N U U z a a ^ E r r- m co co CO 1 Z 0 0 0 0 M M N N N N j O 6 6o66 d 0 O V' CO CO 0 0) u) 0 0 O 2) es; Q a O J O O O O O O V' O V O) 0) C1 � a co u7 V (0 N 0) M u) O N co co N d r--: O n W cV N 0) O (0 (o N d 7 e- N V' V V' V' E M a C 0) r Lc, O co O 0 O m C coo CO E N al Q V• Z °3 .O C N V' V' V V' V' V (0 0 O O O O O 0 N N N N N N 7 N CV N N N N N 0 O O O O O O 0) 0) E T (0 a Ili; v v v v v c '� 0 0 0 0 0 0 07 N N N N N N 7 O 0) O O O > O O O O O O V' O ZS O N o w 2 r r } C. _M o J 0 1- r F� a: N 0 d 0 J J J J s a N J a U U U U a - x a I- I- I- I- C. d } a W U La W W 0 F a J J J J co U M W W W W co a r O. a 0 0 0 0 v E N O) N CO ce > CO 00 O) Z 'V M M CO O 0 0 0 CO 7 CO W N- 0) 0) 0) 00 >O V' CO (D (O h C O CO u7 0) O (() co 0) LL ., Z LL O 2 -o cu N I >- >- > Z I 0 0 0 0 . , , or LL d R d 2 V ,. I— k o 2 W W W W ('\ w' Q Q W W W W ^ ` II = Z ,�CV 0 W a ° 0 °n u°) W \_ = z z a. Z § I W y \ IF d N a Q CO Q W O N Y aCi X ~o p o 7 'oo 8 0 0 o fO m o OA tNI O YU 2 N ~ N ~ N N N N ~ 0 0 co L E N N ono (gyp (ro 0) Z. U 0 Z 0 0 I• ' , v City of Oak Park Heights 14168 Oak Park Blvd. N•Box 2007•Oak Park Heights,MN 55082•Phone(651)439-4439•Fax(651)439-0574 April 16, 2014 MEMO TO: Park Commission f` FROM: Eric Johnson, City„rAdminist for RE: Oak Park Crossing Park gnage Dear Commissioners: !rF 1. Enclosed you will find a tabulation and images of the [proposed sign for the above named park. The City received two bids from two sign companies—Sign Source and Openwood. Open wood did craft the current park signs. Both appear to be quality signs and are competitively priced. It would simply vary somewhat on the final size selected. I will go through the enclosed spreadsheet at the meeting. Page 9 of 18 8LdOOlabed O 0 0 ' o a v 0 w w (D N (D O 0 x N N d 0 O• O O C C Pf O 0 0 ti n 0 F 0 a a a A m g, n x a• a a D j' x 0 0 0 CM = it ae as y u( °. w N 3 ix s A N o l D' 0 DO Di A IA v1 00 to to z CO Da d n (D m N M w A 01 N 01 : 00 v I.0 p A O " N O. O O O O v 7 °oogc4 °oR O. N A N V N 0) .� _ D N trt, 2 A fD In .. A a v (D ^C) 0 0 0 , ' ' a to to Ntn{n O N 01 'l J 01 01 N W "CO A O 01 N N N ID O O p 0 O O 0 J p p O 0 0 x. 0 1172(� �1 (0 l0 P. N a s a a (0 D D! d 0) O a A 3 n 0 d (D -( -I - (0 ('o 30 v N d N r( N !D CD (0 0, a 0. a (0 /0 a a y C c Cr d• 3 3 3 9 ✓ v a o, (D (D CO — I: z z � O l.. 9. � 0 N w A N N L 10 N 0 0 01 (n N CO co 0 O C.1. 01 0, 01 n N J a m o a i F.i a x F F x x o- rn np J. m m 3 ' � n ddaD, D� ` N !; N N N N N lit A )4,7 F r Mg -.-- ur, 1t0 l0D 00 - S t q v� City of Oak Park Heights Request for Proposals- Oak Park Crossing—Sign BID SUBMISSION PAGE—Due—No Faxed or Email submissions will be accepted. BIDS DUE APRIL 11th. 2014 -III I,) Print your Prices Clearly and in Ink/Type: ^-� (�. H pL - tom+.L-b.v. 14 1f. Your Price for Base Work*:. (j .00 *Leo At, lJL`.cei �:�{t:' Ct,tp✓ e-160'�t_e_C,�//cyv_.t,r f�i•.ou, Your Additional Price for Alternate#1*: ' —7 `1 Z C) .00 SO.,. 14itts 0-4P ALSO: Submit a scaled colored rendering of the proposed sign and mounting.Also state the material the sign face is made of. *All submitted prices include all fees,taxes, permits,materials, equipment,etc. to provide a complete finished job. NOTE: The City may select any alternate individually or collectively at no time or financial penalty. i Signature: / Date "1//4"//-/ Your Name: 2�.•. ,� Notary: ✓i ill l % Your Title: Affix Notary Stamp Here <>; rY p . JACQUELINE MADSON 4 . ,k-70.NOTARY PUBLIC-WUNNESOTA (the person signing this document must be an owner or executive of such firm eligible to bind the company to the �YCortxdstOnitat�D75 Firm Name: <-11,n. Phone# ci 3 - ?b8- "1/O e�- Acceptance By the City: Date Eric Johnson,City Administrator Date Notary 4 of 9 RFP-OPH Crossing Park Sign 114104-611-118t 81.40 ZI- co 5* ,--.•,-7••- :-1:4. . 2 3 lir -R r—1 rwl ,, ._...... It ti ••• .....7, ..., , •gg, 1 , er 1 I . r--, a. - t - • - — r-) 0 0 -_-_-,:: cl....- CO) poill ' 0 ' Owiewo --, -o 6 ,....--.„ n., ca- F., , -, .s- = ._ ,,, , .L. - x.. =--- CI) °;a4Zgli -,=, . rc, -. ..-, - - -- (4.-- 011111Z 011Zil ..... , 1 --, I:37 PZil 7 , -,• n, ir LIDA; ' 011 .4 r 1 . — 1 F -:-.'---• - \ .I ......, -,-,)-- r• al p •I , , , imir . ar i ; cia i 1 a Ira— I 4111 , I „ ao "92 .q; 1 ti ... 1.r ;I II 441 ...Q. ...., i-&- , - ; !E I. 1 A 41 1 i .t..!!' = •S..,?. '#f' a r.-- ,a 1 .E F.- Cr l!1 i 1 g of 1 = 1 1 I 3 •a, I-0 g § N ..... 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F., /r,: L WI ot; IV ■-= a .4c l'.. . (0 C 43 ' 1" p.,U U. 11 a 1 ‹,.., ..., .. - ,.. ,. .... to cr. e.,. =LA c. ■.> ::-...- in to" 'en' u E 0, ...-e, cc giii & A .ELS ._ _ -4. .,-,-.: -. _ .... !_. .. .5 S tif 1 7 1 u, .... --. le ip..4 , • ,-- 0.11.1111.11111. ii r AL.. .... 1 ,, 1 • - if I :-,T,•.1 71 0/0111#21111. ' g 1 I I a_ %/1 4:1 - 1 1 1 7.-1; g •.--1 1.1.■ ='- 4 .15 1 lit -....... 3." , a I CM . - ..... ea ad ,-, _ - (:) eri g 1 b i 1 reir 11-§AN I 'sm. •es Maw fa —2& _ 1- IIII4 e I I ..Z •-••• i qtrs.4 , - ^r" 1._ - I:4 'CS ■ Q., L..- ,.... — C4 1:1010 '"' 0 = 8- ----- ..-, -c c,9 4. ..... 1111■0 cz illil ‘11 CD , ......._ (...3 ■ A._ al 1 2 1 icii)1 ,ts L_ ___I , . I- L V—1 a _ JL a _ 2 .z, a 2 - , - _ - - a ai n ..„,.. id ..-... , _.. T. L-----, = . . 13 of 18 City of Oak Park Heights Request for Proposals- Oak Park Crossing—Sign BID SUBMISSION PAGE—Due-No Faxed or Email submissions will be accepted BIDS DUE APRIL ll°;2014 Print your Prices Clearly and in Ink/Tyne: 6'0"x 3'0"sign panel Your Price for Base Work*: $3,750.00+$485.00 delivery .00 Posts&Mounting Hardware$625.00 Your Additional Price for Alternate#1*: Delivery&Installation$785.00 .00 ALSO: Submit a scaled colored rendering of the proposed sign and mounting.Also state the material the sign face is made of. *All submitted prices include all fees,taxes,permits,materials,equipment,etc.to provide a complete finished job. NOTE: The City may select any alternate individually or collectively at no time or financial penalty. Signature: . Date 3-28-14 Your Name: Dale T.Ganser Notary: Design&Development Your Title: President Affix Notary Stamp Here-3 (the person signing this document must be an owner or executive of such firm eligible to bind the company to the project) Firm Name: Openwood Studios Inc Phone# Cell 608-576-2821 Acceptance By the City: Date Eric Johnson,City Administrator Notary Date 4 of 9 RFP-OPH Crossing Park Sign p = PaQe94 011814 T D 8 l Jo S L 36ed a o p O CD o o (5 G(5 O O N - co al m X X X o. w CO A°D v 3 C� CnO = u w - - - O cD io m' cn > a a m o 0. FL n' ca) Lp O 7 7 O `n o 3 9 m x iii 0 1'n y, 10 7 co M 3 rT n V O 0 III d 0 cra p a. s E? CZ) 21.1 b 1 3 '11 [44---- 4 S. o �b fw E p h ;o 'O w 0 § a w 0 0 A- .111 S I 0 d i g -, a 01 ?3g co v 3. 'rte y,l g f0 _Cr 07 `p m ID -, 0 . II ..fn 3; 11 Gs_n_ c Openwood , Studios Inc. = c :444,1 ` Proposal Submitted To: Phone Email Date Oak Park Heights, City of 651-439-4439 eajohnson @cityofoakparkheights.com 3-28-14 Address Project P.O. Box 2007 Oak Park Crossing Identification Sign City/State/Zip Project Location Stillwater, MN 55082 Oak Park Heights, MN Openwood Studios Inc.,proposes to furnish materials and tabor-complete in accordance with specifications below for the sum of 50%Down Payment.Au accounts are due and payable in ten(10)days following date of invoice. Firance charge of 1.5%per month,which is an annual percentage rate of 18%charge on all past due accounts. This proposal may be withdrawn by Openwood Studios Inc..if not accepted within 30 days. Authorized Signature 1 - Oak Park Crossing Identification Sign Size Options 8'0" x 4'0" x 2x Clear Vertical Grain Cedar or HDU Double Sided $ 6,400.00 7'0" x 3'6" x 2x Clear Vertical Grain Cedar or HDU Double Sided 4,900.00 6'0" x 3'0" x 2x Clear Vertical Grain Cedar or HDU Double Sided 3,750.00 1 - Set Posts & Mounting Hardware 625.00 Delivery Only 485.00 Delivery & Installation 785.00 50% down payment required to begin production Any necessary local permits are responsibility of owner. SUBTOTAL TAX TOTAL DOWN PAYMENT NET 10 DAYS Acceptance of proposal: The above prices,specifications and conditions are satisfactory and are hereby accepted. Openwood Studios Inc., is authorized to do the work specified. Payment will be made as outlined above. Signature: Date: 6915 Raywood Road, Madison WI 53713 • 608/222-1842 • fax: 608/222-5838 email: info @openwood.com • online: www.openwood.com Page 16 of 18 Openwood4 ,, Studios Inc. �,: " - (Memel Dimensioiuzi SiBns er' Graphics March 28, 2014 Eric Johnson City of Oak Park Heights P.O.Box 2007 Stillwater, MN 550$2 • Eric, Please find enclosed the requested proposal for the Oak Park Crossing sign. As the designers and fabricators of your other park signs,the consistency from Openwood. Studios will be right on. Please note that I have indicated three size options for you to consider. Our records show that the Valley View sign is eight feet and with this name as long I wanted to give you. that option. I have also included a seven foot and six foot option. I am also recommending dropping the second"Park" in the name. As you can see from our drawing, the name would become even more condensed and I feel a bit redundant. • After your review of the enclosed,please let me know if you have any questions. Regards, Openwood ► T. Ganser Studios Inc. "- 11_ 'hemeaDimensionalSigns&Graphics Openwood Studios Inc. Dale T. Ganser Design & Development Design&Development 6915 Raywood Road,Madison WI 53713 tel:608/222-1842 fax:808/222-5838 cell:893/578-2821 email:dale@openwood.00m web:www.openwood.00m • 6915 Raywood Road Madison, WI 53713 • Tel: 608/222-1842 • Fax: 608/222-5838 Page 17 of 18 info @openwood:com • www.openwood.com % • r t 4- Openwood 4: ' Studios Inc. -- Imensional Signs & crap ics Welcome To _r a Bloomingdale .. . „ .., r i Handed 1€333 s• I fit-1'7 1 F. .., 0.,ti,,......i., ALGONQUIN gr f ,0,11-MIESSOI r�( .5 ••( Sr f i' ,r •...,ka ! of I�_'r."' • City Entrance Signs k. r 4 _ • Park,Signs 1 '• Aquatic Centers a Municipal Buildings ` s _ ®f ' Industrial Parks A y '` • Schools WELCOME TO I �* LM O I.± KE • Athletic Fields 21r 3 HOME OF T}1E I,tt:E ELM�7 j(f Es � e f�, Systems ,, ;f t', �.i 1- .__L .._ p.,. . '� t,'. 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Jaw— Page 18 of 18 6915 I.aywood Rd., Madison WI 53713 •Tele (608) 222-1842 Fax (608) 222-5838 Internet www.openwood.com” Oak Park Heights Request for Council Action Meeting Date April 22 2014 Time Required: 5 minutes Agenda Item Title: Consider Final Resolution on 2014 Bond Sale— Street Reconstruction Agenda Placement Old Business Originating Department/Requestor Eric Johnson, City Administrator Requester's Signature Action Requested See Below Background/Justification(Please indicate if any previous action has been taken or if other public bodies have advised): Concluding the most recent bond sale for the funds necessary for the street reconstruction project, the City is required to pass a final resolution that notes the execution of the sale that was pre-approved under a trigger resolution earlier this month. Mr. Steve Mattson of Northland Securities will be present to review the final transaction and figures. Please note due to the time of sale and the coincidence of the City Council meeting being this evening... a final full resolution has not been able to be prepared. A full final version will be supplied for May 13th. Any omitted language would simply be statutory insertions and final figures as will be supplied by Mr. Mattson. Attached is a fmal abridged form of the resolution from City Bond Council Andy Pratt of Eckberg—Lammers that is required to be approved. i 1 Extract of Minutes of Meeting of the City Council of the City of Oak Park Heights,Minnesota Pursuant to due call and notice thereof,a regular meeting of the City Council of the City of Oak Park Heights, Minnesota, was duly held at City Hall in the City on Tuesday, April 22, 2014, commencing at 7:00 P.M. The following members were present: and the following were absent: The Mayor announced that the next order of business was consideration of the proposal that had been received for the purchase of the City's$3,775,000 General Obligation Bonds, Series 2014A. The City Administrator presented the proposal of Northland Securities,Inc.that had been submitted to the City pursuant to the direction of the City Council. After due consideration of the proposal, Member then introduced the following resolution and moved its adoption: RESOLUTION NO. A RESOLUTION AWARDING THE SALE OF $3,775,000 GENERAL OBLIGATION BONDS, SERIES 2014A; FIXING THEIR FORM AND SPECIFICATIONS; DIRECTING THEIR EXECUTION AND DELIVERY; AND PROVIDING FOR THEIR PAYMENT BE IT RESOLVED By the City Council(the"Council")of the City of Oak Park Heights,Minnesota (the"City")as follows: Section 1. Sale of Bonds. 1.01. Background; Findings. It is determined that: (a) Pursuant to Resolution No. 14-04-23, adopted by this Council on April 8, 2014 (the "Trigger Resolution"), the City authorized the Mayor and the City Administrator to approve the sale of tY Y h' pp the City's general obligation bonds by direct negotiation with Northland Securities,Inc. (the"Purchaser") in the total aggregate principal amount of not to exceed $4,000,000, and for a true interest cost not in excess of 3.00%. (b) The City has decided it is in the best fmancial interests of the City and its residents to issue its general obligation bonds to finance the following projects (collectively, the "Projects"): (i) the City's 2014-2015 Street Improvements, consisting of various street reconstruction projects, including the installation of concrete curbing and associated storm water infrastructure improvement and replacement to various streets within the City (the "Street Improvements"; and (ii) water main improvements to various areas throughout the City(the"Water Improvements"). (c) In furtherance of the Projects, the City will issue its General Obligation Bonds, Series 2014A (the "Bonds"), in the total aggregate principal amount of$3,775,000, for a true interest cost of 2.1453%. The terms of the Bonds therefore meet the requirements set forth in the Trigger Resolution. (d) The Council retains Blue Rose Capital Advisors, Inc. ("Blue Rose") to act as an independent fmancial advisor for the purpose of reviewing the pricing fairness associated with the purchase and subsequent reoffering of the Bonds. The Mayor and the City Administrator are authorized to execute an agreement with Blue Rose. Therefore, it is determined that the City has retained an independent financial advisor in connection with such sale and is authorized by Section 475.60, Subdivision 2(9) of the Act to negotiate the sale of the Bonds. The actions of City staff and the City's fmancial advisors in negotiating the sale of the Bonds are ratified and confirmed in all aspects. 1.02. Award to the Purchaser and Interest Rates. The proposal of the Purchaser to purchase the Bonds is determined to be a reasonable offer and is accepted, the proposal being to purchase the Bonds at a price of $3,831,951.10 (par amount of $3,775,000, plus original issue premium of $111,688.60, less underwriter's discount of$54,737.50),plus$945.56 of accrued interest to date of delivery,for Bonds bearing interest as follows: 2 Year Interest Rate Year Interest Rate 2015 2.000% 2020 2.000% 2016 2.000 2021 2.000 2017 2.000 2022 2.000 2018 2.000 2023 3.000 2019 2.000 Term Bonds due December 15,2025 at 3.000%. 1.03. Purchase Contract. The Mayor and the City Administrator are directed to execute a contract with the Purchaser on behalf of the City. 1.04. Terms and Principal Amounts of the Bonds. The City will forthwith issue and sell the Bonds pursuant to the Act in the total principal amount of$3,775,000, originally dated June 1, 2014, in the denomination of$5,000 each or any integral multiple thereof,numbered No.R-1,upward,bearing interest as above set forth,and maturing serially on December 15 in the years and amounts as follows: Year Amount Year Amount 2015 $165,000 2020 $375,000 2016 400,000 2021 350,000 2017 400,000 2022 350,000 2018 400,000 2023 325,000 2019 375,000 Term Bonds due December 15,2025 in the aggregate principal amount of$635,000. $2,375,000 of the Bonds (the"Street Improvement Portion") maturing in the amounts and on the dates set forth below are being issued to finance the Street Improvements: Year Amount Year Amount 2015 $105,000 2021 $220,000 2016 255,000 2022 220,000 2017 250,000 2023 205,000 2018 250,000 2024 205,000 2019 235,000 2025 195,000 2020 235,000 3 $1,400,000 of the Bonds (the"Water Improvement Portion") maturing in the amounts and on the dates set forth below are being issued to fmance the Water Improvements: Year Amount Year Amount 2015 $60,000 2021 $130,000 2016 145,000 2022 130,000 2017 150,000 2023 120,000 2018 150,000 2024 120,000 2019 140,000 2025 115,000 2020 140,000 1.05. Optional Redemption. The City may elect on December 15, 2021, and on any date thereafter to prepay Bonds due on or after December 15,2022. Redemption may be in whole or in part and if in part,at the option of the City and in such manner as the City will determine. If less than all Bonds of a maturity are called for redemption,the City will notify DTC (as defined in Section 8 hereof) of the particular amount of such maturity to be prepaid. DTC will determine by lot the amount of each participant's interest in such maturity to be redeemed and each participant will then select by lot the beneficial ownership interests in such maturity to be redeemed. Prepayments will be at a price of par plus accrued interest. 1.06. Mandatory Redemption. The Term Bonds are subject to mandatory sinking fund redemption and shall be redeemed in part by lot at par plus accrued interest on the sinking fund installment dates and in the principal amounts as follows: Sinking Fund Installment Date Principal Amount December 15, 2025 Term Bonds 2024 325,000 2025 (maturity) 310,000 Section 2. Registration and Payment. 2.01. Registered Form. The Bonds will be issued only in fully registered form. The interest thereon and, upon surrender of each Bond, the principal amount thereof, is payable by check or draft issued by the Registrar described herein. 2.02. Dates; Interest Payment Dates. Each Bond will be dated as of the last interest payment date preceding the date of authentication to which interest on the Bond has been paid or made available for payment, unless (i)the date of authentication is an interest payment date to which interest has been paid or made available for payment, in which case the Bond will be dated as of the date of authentication, or(ii)the date of authentication is prior to the first interest payment date,in which case the Bond will be dated as of the date of original issue. The interest on the Bonds is payable on June 15 and December 15 of each year, commencing December 15, 2014, to the registered owners of record as of the close of business on the fifteenth day of the immediately preceding month,whether or not that day is a business day. 2.03. Registration. The City will appoint a bond registrar,transfer agent,authenticating agent and paying agent (the"Registrar"). The effect of registration and the rights and duties of the City and the Registrar with respect thereto are as follows: 4 (a) Register. The Registrar must keep at its principal corporate trust office a bond register in which the Registrar provides for the registration of ownership of Bonds and the registration of transfers and exchanges of Bonds entitled to be registered,transferred or exchanged. (b) Transfer of Bonds. Upon surrender for transfer of a Bond duly endorsed by the registered owner thereof or accompanied by a written instrument of transfer, in form satisfactory to the Registrar,duly executed by the registered owner thereof or by an attorney duly authorized by the registered owner in writing,the Registrar will authenticate and deliver,in the name of the designated transferee or transferees, one or more new Bonds of a like aggregate principal amount and maturity, as requested by the transferor. The Registrar may, however, close the books for registration of any transfer after the fifteenth day of the month preceding each interest payment date and until that interest payment date. (c) Exchange of Bonds. When Bonds are surrendered by the registered owner for exchange the Registrar will authenticate and deliver one or more new Bonds of a like aggregate principal amount and maturity as requested by the registered owner or the ow ner's attorney in writing. (d) Cancellation. Bonds surrendered upon transfer or exchange will be promptly cancelled by the Registrar and thereafter disposed of as directed by the City. (e) Improper or Unauthorized Transfer. When a Bond is presented to the Registrar for transfer, the Registrar may refuse to transfer the Bond until the Registrar is satisfied that the endorsement on the Bond or separate instrument of transfer is valid and genuine and that the requested transfer is legally authorized. The Registrar will incur no liability for the refusal, in good faith,to make transfers which it,in its judgment,deems improper or unauthorized. (f) Persons Deemed Owners. The City and the Registrar may treat the person in whose name a Bond is registered in the bond register as the absolute owner of the Bond,whether the Bond is overdue or not, for the purpose of receiving payment of, or on account of, the principal of and interest on the Bond and for all other purposes, and payments so made to a registered owner or upon the owner's order will be valid and effectual to satisfy and discharge the liability upon the Bond to the extent of the sum or sums so paid. (g) Taxes, Fees and Charges. The Registrar may impose a charge upon the owner thereof for a transfer or exchange of Bonds sufficient to reimburse the Registrar for any tax, fee or other governmental charge required to be paid with respect to the transfer or exchange. (h) Mutilated, Lost, Stolen or Destroyed Bonds. If a Bond becomes mutilated or is destroyed,stolen or lost,the Registrar will deliver a new Bond of like amount,number,maturity date and tenor in exchange and substitution for and upon cancellation of the mutilated Bond or in lieu of and in substitution for any Bond destroyed, stolen or lost, upon the payment of the reasonable expenses and charges of the Registrar in connection therewith; and, in the case of a Bond destroyed, stolen or lost, upon filing with the Registrar of evidence satisfactory to it that the Bond was destroyed, stolen or lost, and of the ownership thereof, and upon furnishing to the Registrar an appropriate bond or indemnity in form, substance and amount satisfactory to it and as provided by law, in which both the City and the Registrar must be named as obligees. Bonds so surrendered to the Registrar will be cancelled by the Registrar and evidence of such cancellation must be given to the City. If the mutilated, destroyed, stolen or lost Bond has already matured or been called for redemption in accordance with its terms it is not necessary to issue a new Bond prior to payment. 5 (i) Redemption. In the event any of the Bonds are called for redemption,notice thereof identifying the Bonds to be redeemed will be given by the Registrar by mailing a copy of the redemption notice by first class mail (postage prepaid) to the registered owner of each Bond to be redeemed at the address shown on the registration books kept by the Registrar and by publishing the notice if required by law. Failure to give notice by publication or by mail to any registered owner,or any defect therein,will not affect the validity al di of any proceeding for the redemption of Bonds. Bonds Y , tY YP g P so called for redemption will cease to bear interest after the specified redemption date,provided that the funds for the redemption are on deposit with the place of payment at that time. 2.04. Appointment of Initial Registrar. The City appoints Northland Trust Services, Inc., Minneapolis, Minnesota, as the initial Registrar. The Mayor and the City Administrator are authorized to execute and deliver, on behalf of the City,a contract with the Registrar. Upon merger or consolidation of the Registrar with another corporation, if the resulting corporation is a bank or trust company authorized by law to conduct such business, the resulting corporation is authorized to act as successor Registrar. The City agrees to pay the reasonable and customary charges of the Registrar for the services performed. The City reserves the right to remove the Registrar upon 30 days' notice and upon the appointment of a successor Registrar, in which event the predecessor Registrar must deliver all cash and Bonds in its possession to the successor Registrar and must deliver the bond register to the successor Registrar. On or before each principal or interest due date, without further order of this Council, the City Administrator must transmit to the Registrar money sufficient for the payment of all principal and interest then due. 2.05. Execution, Authentication and Delivery. The Bonds will be prepared under the direction of the City Administrator and executed on behalf of the City by the signatures of the Mayor and the City Administrator, provided that those signatures may be printed, engraved or lithographed facsimiles of the originals. If an officer whose signature or a facsimile of whose signature appears on the Bonds ceases to be such officer before the delivery of a Bond,that signature or facsimile will nevertheless be valid and sufficient for all purposes, the same as if the officer had remained in office until delivery. Notwithstanding such execution,a Bond will not be valid or obligatory for any purpose or entitled to any security or benefit under this Resolution unless and until a certificate of authentication on the Bond has been duly executed by the manual signature of an authorized representative of the Registrar. Certificates of authentication on different Bonds need not be signed by the same representative. The executed certificate of authentication on a Bond is conclusive evidence that it has been authenticated and delivered under this Resolution. When the Bonds have been so prepared, executed and authenticated, the City Administrator will deliver the same to the Purchaser upon payment of the purchase price in accordance with the contract of sale heretofore made and executed, and the Purchaser is not obligated to see to the application of the purchase price. 2.06. Temporary Bonds. The City may elect to deliver in lieu of printed definitive Bonds one or more typewritten temporary Bonds in substantially the form set forth in Section 3 with such changes as may be necessary to reflect more than one maturity in a single temporary bond. Upon the execution and delivery of definitive Bonds the temporary Bonds will be exchanged therefor and cancelled. Section 3. Form of Bond. 3.01. Form. The Bonds will be printed or typewritten in substantially the form as attached hereto as EXHIBIT A. 3.02. Approving Legal Opinion. The City Administrator is authorized and directed to obtain a copy of the proposed approving legal opinion of Eckberg, Lammers, Briggs, Wolff& Vierling, P.L.L.P., 6 Stillwater,Minnesota,which is to be complete except as to dating thereof and cause the opinion to be printed on or accompany each Bond. Section 4. Bonds; Security;Escrow. 4.01. Funds and Accounts. (a) Debt Service Fund. The Bonds are payable from the General Obligation Bonds, Series 2014A Debt Service Fund (the "Debt Service Fund") created herein. The Debt Service Fund shall be administered and maintained by the City Administrator and the City Finance Director as a bookkeeping account separate and apart from all other funds maintained in the official financial records of the City. The City will maintain the following accounts in the Debt Service Fund: (i) Street Improvement Account;and(ii)Water Improvement Account. Section 5. Authentication of Transcript. 5.01. City Proceedings and Records. The officers of the City are authorized and directed to prepare and furnish to the Purchaser and to the attorneys approving the Bonds certified copies of proceedings and records of the City relating to the Bonds and to the financial condition and affairs of the City, and such other certificates,affidavits and transcripts as may be required to show the facts within their knowledge or as shown by the books and records in their custody and under their control, relating to the validity and marketability of the Bonds, and such instruments, including any heretofore furnished, will be deemed representations of the City as to the facts stated therein. 5.02. Certification as to Offering Memorandum. The Mayor and the City Administrator are authorized and directed to certify that they have examined the Official Statement prepared and circulated in connection with the issuance and sale of the Bonds and that to the best of their knowledge and belief the Official Statement is a complete and accurate representation of the facts and representations made therein as of the date of said Official Statement. 5.03. Other Certificates. The Mayor and the City Administrator are authorized and directed to furnish to the Purchaser at closing on the Bonds such certificates as are required as a condition of sale. Unless litigation shall have been commenced and be pending questioning the Bonds or the organization of the City or incumbency of its officers,at the closing the Mayor and the City Administrator shall also execute and deliver to the Purchaser a suitable certificate as to the absence of material litigation, and the City Administrator shall also execute and deliver a certificate as to payment for and delivery of the Bonds. 5.04. Payment of Costs of Issuance. The City authorizes the Purchaser to forward the amount of Bond proceeds allocable to the payment of issuance expenses to the Registrar on the closing date for further distribution as directed by the Registrar Section 6. Tax Covenants. 6.01. Tax-Exempt Bonds. The City covenants and agrees with the holders from time to time of the Bonds that it will not take or permit to be taken by any of its officers, employees, or agents any action which would cause the interest on the Bonds to become subject to taxation under the Internal Revenue Code of 1986, as amended (the"Code"), and the Treasury Regulations promulgated thereunder, in effect at the time of such actions, and that it will take or cause its officers, employees or agents to take, all affirmative action within its power that may be necessary to ensure that such interest will not become subject to taxation under the Code and applicable Treasury Regulations, as presently existing or as hereafter amended and made applicable to the Bonds. To that end, the City will comply with all requirements necessary under the Code to establish and maintain the exclusion from gross income of the 7 interest on the Bonds under Section 103 of the Code, including without limitation requirements relating to temporary periods for investments and limitations on amounts invested at a yield greater than the yield on the Bonds. 6.02. No Rebate. For purposes of qualifying for the small issuer exception to the federal arbitrage rebate requirements, the City finds, determines, and declares that the aggregate face amount of all tax-exempt bonds (other than private activity bonds) issued by the City(and all subordinate entities of the City) during the calendar year in which the Bonds are issued and outstanding at one time is not reasonably expected to exceed$5,000,000,all within the meaning of Section 148(f)(4)(D)of the Code. 6.03. Not Private Activity Bonds. The City further covenants not to use the proceeds of the Bonds or to cause or permit them or any of them to be used in such a manner as to cause the Bonds to be "private activity bonds"within the meaning of Sections 103 and 141 through 150 of the Code. 6.04. Qualified Tax-Exempt Obligations. To qualify the Bonds as "qualified tax-exempt obligations" within the meaning of Section 265(b)(3) of the Code, the City makes the following factual statements and representations: (a) the Bonds are not"private activity bonds"as defined in Section 141 of the Code; (b) the City designates the Bonds as "qualified tax-exempt obligations"for purposes of Section 265(b)(3)of the Code; (c) the reasonably anticipated amount of tax-exempt obligations (other than any private activity bonds that are not qualified 501(c)(3) bonds) which will be issued by the City (and all subordinate entities of the City) during calendar year 2014 will not exceed $10,000,000; and (d) not more than$10,000,000 of obligations issued by the City during calendar year 2014 have been designated for purposes of Section 265(b)(3)of the Code. 6.05. Procedural Requirements. The City will use its best efforts to comply with any federal procedural requirements which may apply in order to effectuate the designations made by this Section. Section 7. Book-Entry System,Limited Obligation of City. 7.01. DTC. The Bonds will be initially issued in the form of a separate single typewritten or printed fully registered Bond for each of the maturities set forth in Section 1.04 hereof. Upon initial issuance, the ownership of each such Bond will be registered in the registration books kept by the Registrar in the name of Cede & Co., as nominee for The Depository Trust Company, New York, New York, and its successors and assigns ("DTC"). Except as provided in this Section, all of the outstanding Bonds will be registered in the registration books kept by the Registrar in the name of Cede&Co.,as nominee of DTC. 7.02. Participants. With respect to Bonds registered in the registration books kept by the Registrar in the name of Cede & Co., as nominee of DTC, the City, the Registrar will have no responsibility or obligation to any broker dealers, banks and other financial institutions from time to time for which DTC holds Bonds as securities depository (the"Participants") or to any other person on behalf of which a Participant holds an interest in the Bonds, including but not limited to any responsibility or obligation with respect to (i) the accuracy of the records of DTC, Cede & Co. or any Participant with respect to any 8 ownership interest in the Bonds, (ii) the delivery to any Participant or any other person (other than a registered owner of Bonds, as shown by the registration books kept by the Registrar), of any notice with respect to the Bonds, including any notice of redemption,or(iii)the payment to any Participant or any other person, other than a registered owner of Bonds,of any amount with respect to principal of or interest on the Bonds. The City and the Registrar may treat and consider the person in whose name each Bond is registered in the registration books kept by the Registrar as the holder and absolute owner of such Bond for the purpose of payment of principal and interest with respect to such Bond, for the purpose of registering transfers with respect to such Bonds, and for all other purposes. The Registrar will pay all principal of and interest on the Bonds only to or on the order of the respective registered owners,as shown in the registration books kept by the Registrar, and all such payments will be valid and effectual to fully satisfy and discharge the City's obligations with respect to payment of principal of or interest on the Bonds to the extent of the sum or sums so paid. No person other than a registered owner of Bonds, as shown in the registration books kept by the Registrar, will receive a certificated Bond evidencing the obligation of this Resolution. Upon delivery by DTC to the City Administrator of a written notice to the effect that DTC has determined to substitute a new nominee in place of Cede&Co.,the words"Cede&Co.,"will refer to such new nominee of DTC;and upon. receipt of such a notice,the City Administrator will promptly deliver a copy of the same to the Registrar. 7.03. Representation Letter. The City has heretofore executed and delivered to DTC a Blanket Issuer Letter of Representations(the"Representation Letter")which will govern payment of principal of and interest on the Bonds and notices with respect to the Bonds. Any registrar subsequently appointed by the City with respect to the Bonds will agree to take all action necessary for all representations of the City in the Representation Letter with respect to the Registrar to be complied with at all times. 7.04. Transfers Outside Book-Entry System. In the event the City,by resolution of this Council, determines that it is in the best interests of the persons having beneficial interest in the Bonds that they be able to obtain Bond certificates,the City will notify DTC,whereupon DTC will notify the Participants of the availability through DTC of Bond certificates. In such event the City will issue,transfer and exchange Bond certificates as requested by DTC and any other registered owners in accordance with the provisions of this Resolution. DTC may determine to discontinue providing its services with respect to the Bonds at any time by giving notice to the City and discharging its responsibilities with respect thereto under applicable law. In such event, if no successor securities depository is appointed, the City will issue and the Registrar will authenticate Bond certificates in accordance with this Resolution and the provisions hereof will apply to the transfer,exchange and method of payment thereof. 7.05. Payments to Cede & Co. Notwithstanding any other provision of this Resolution to the contrary, so long as a Bond is registered in the name of Cede & Co., as nominee of DTC, payments with respect to principal of and interest on the Bond and notices with respect to the Bond will be made and given, respectively, in the manner provided in DTC's Operational Arrangements, as set forth in the Representation Letter. Section 8. Continuing Disclosure. 8.01. Execution of the Continuing Disclosure Certificate. "Continuing Disclosure Certificate" means that certain Continuing Disclosure Certificate,executed by the Mayor and the City Administrator and dated the date of issuance and delivery of the Bonds, as originally executed and as it may be amended from time to time in accordance with the terms thereof. 8.02. Compliance with Provisions of the Continuing Disclosure Certificate. The City covenants and agrees that it will comply with and carry out all of the provisions of the Continuing Disclosure Certificate. Notwithstanding any other provision of this Resolution, failure of the City to comply with the 9 Continuing Disclosure Certificate will not be considered an event of default with respect to the Bonds; however, any Bondholder may take such actions as may be necessary and appropriate, including seeking mandate or specific performance by court order, to cause the City to comply with its obligations under this Section. Section 9. Defeasance. When all Bonds and all interest thereon have been discharged as provided in this Section, all pledges, covenants and other rights granted by this Resolution to the holders of the Bonds will cease, except that the pledge of the full faith and credit of the City for the prompt and full payment of the principal of and interest on the Bonds will remain in full force and effect. The City may discharge all Bonds which are due on any date by depositing with the Registrar on or before that date a sum sufficient for the payment thereof in full. If any Bond should not be paid when due, it may nevertheless be discharged by depositing with the Registrar a sum sufficient for the payment thereof in full with interest accrued to the date of such deposit. Passed and adopted by the City Council of the City of Oak Park Heights, Minnesota this 22nd day of April,2014. CITY OF OAK PARK HEIGHTS, MINNESOTA Mayor Attest: City Administrator 10 The motion for the adoption of the foregoing resolution was duly seconded by Member Swenson, and upon vote being taken thereon,the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. 11 STATE OF MINNESOTA ) COUNTY OF WASHINGTON )SS. CITY OF OAK PARK HEIGHTS ) I, the undersigned, being the duly qualified and acting Administrator of the City of Oak Park Heights,Minnesota,certify that I have carefully compared the attached and foregoing extract of minutes of a regular meeting of the City Council of the City held on April 22,2014 with the original minutes on file in my office and the extract is a full,true and correct copy of the minutes insofar as they relate to the issuance and sale of 7 $3, 75,000 General Obligation Bonds, Series 2014A,of the City. WITNESS My hand officially as such Administrator and the corporate seal of the City this day of ,2014. City Administrator City of Oak Park Heights,Minnesota (SEAL) 12 EXHIBIT A FORM OF BOND [to be provided] EXHIBIT B TAX LEVY SCHEDULE [to be provided by Northland Securities] Oak Park Heights Request for Council Action Meeting Date April 22nd,2014 Time Required: 5 Minutes Agenda Item Title: Award Playful Cities Build—St. Croix Recreation Design Grant Application and Allocation of Grant Matching funds—Kaboom/Playful Cities Community B d Playground Grant. Agenda Placement Old Busin= Originating Department/Re • . ri Johns•g Ci Administrator Airr- Requester's Signature ' Action Requested ee Bel. ' . Background/Justification lease 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 to apply for and did receive a$20,000 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 total anticipated budget is $60,000 and would include$55,000 for the playground equipment. The remaining$5,000 would be for other development and soft costs. $20,000 total from grant finds $40,000 from Park Dedication funds. The City Park Commission did solicit proposals from various playground vendors and received one submission that was wholly compliant with the Community Build model, being from St. Croix Recreation. The Park Commission found the proposal favorable and does request the City Council make the fmal award to St. Croix Recreation and would be constructed under the Community Build method and authorize staff execute any necessary agreements to complete the transaction,fmalize build-date details and execute the Project in a total budget not to exceed$60,000. ACTION FROM AUGUST 2013. Oak Park Heights Request for Council Action Meeting Date August 13`s,2013 Time Required: 10 Minutes Agenda Item Title: Authorize the Submission of Grant Application and Allocation of Grant Matching funds—Kaboom/Playful Cities Community Build Playground Grant. Agenda Placement New Business Originating Department/Requestor Eric Johnson,City Administrator Requester's Signature Action Requested Discussion,Possible Action Background/Justification(Please indicate if any previous action has been taken or if other public bodies have advised): By virtue of the City's Playful City designation and 2013 Reapplication,the City Park Commission has an opportunity to apply for a grant to facilitate the construction of new playground amenities at Swager Park through the Kaboom I Playful Cities Organization. The current playground is 30 years old and is in need of replacement. This grant program(Community Build Playground Grant)offers up to$20,000 and must be applied to projects in the$30,000 to $60,000 range and which requires that the City make at least a$20,000 match if successful.If the City is not awarded a grant,the City has no further obligation. Requested Action: Authorize staff to complete and submit the necessary documentation to the above grant program and commit to fund up to$40,000 from the provided from the Park Dedication funds(if applicable)to cover any required grant match.The funds would only be encumbered if the grant was awarded. (Please note,Staff has submitted the Grant application,but would be summarily withdrawn If the City Council chose not to proceed.) City of Oak Park Heights REQUEST FOR PROPOSALS: PLAYGROUND EQUIPMENT-Swager Park- Community Build Model The City of Oak Park Heights is seeking the services of a vendor to provide materials,expertise, guide and oversee the installation of a playground structure using a volunteer labor force between 10 to 20 adult individuals at a playground site located in the City of Oak Park heights,known as the Swager Park,see Exhibit A.The following terms and conditions apply and to all related Exhibits: 1. The playground would be constructed under the"Community Build Model"as defined and documented by the Playful Cities Organization.The awarded vendor will be required to follow all compensation guidelines as set forth in Exhibit B-Grantee Letter of Agreement. 2. The Contractor would be responsible to provide all project materials to the site,dig all footings and stage 9 9 9 and oversee the construction of the equipment utilizing volunteer labor.The Contractor shall coordinate the delivery of all materials,including concrete and shall oversee all construction to ensure compliance with all warranties,regulations and laws. All volunteer labor will be provided and coordinated by the City.All elements of construction shall be executed in a timely fashion so that the day of construction,further known as the"Build Day"(8:00 am to 7:00 pm)results in a finished playground ready for use. 3. The Build Day is to be in June or July 2014. Final date to be selected by the City and shall be on a Saturday. 4. Weather permitting,the Contractor is responsible to ensure that all work is completed on such BUILD DAY, should any remaining items still require installation,the Contractor is responsible to complete and all remaining elements at Contractors expense and within 3 calendar days.A$500 per day penalty shall apply against the Contractor should work not be completed within the subsequent three days. 5. The playground equipment n its ts installation to be provided shall be in compliance all terms and specifications as outlined in Exhibit C of this RFP. 6. The City will accept bids from firms deemed qualified from the City and bids must be generated under the pricing found State of Minnesota Bid Contract or US Communities Bid Contract or better pricing. 7. Materials to be provided may only be from=roved vendors of Playful Cities,See Exhibit B, Section Scone of Proiect Section 3. 8. Upon completion of construction,the Contractor shall certify in writing to the City that the project is completed and constructed in accordance with all manufacturer's specifications and shall extend full warranties as if the Contractor performed total construction with own forces.All warranties shall be not less than two years from date of certification. Payment will be made upon final invoice and acceptance of the project by the City. 9. The total contract price shall be$55,000 and inclusive of all costs, materials,footings,foundations,designs, shipping ,fees,taxes,surcharges,freight,staff time,travel time,etc. 1 of 11 Swager park RFP Due:4-21-14 • No building permits are needed.But all bidders must be a licensed Minnesota Contractor.Verification will be required should your firm be awarded the project. • The project acceptance date will be defined by the providing a contractor a signed and notarized copy of the bid form document.Your bid is a binding legal document that you will complete the project in the specified timeframe and with stated conditions. • The City reserves the right to reject any and all submissions received for this project and for any reason. The City is not responsible for any costs associated with preparing a bid submission to the City or for non- award. • Bidders are required to visit the site and fully familiarize themselves with the Playful Cities organization and their COMMUNITY BUILD MODEL prior to submitting a bid. 3 of 11 Swager park RFP Due:4-21-14 Exhibit B-Grantee Letter of Agreement. Dr Pepper Snapple Group- KaBOOMI 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 KaBOOMI to apply toward the creation of a playground under the terms and conditions stated in this Letter of Agreement(LOA).Failing to comply with any of the requirements stated in this LOA or providing false information may result In forfeiture of this grant. $CAW of Pr tact t Ot vrlEt±e ptdYfrouAd lrt colaviipted ace key comaleted moat Wen at before r , 4 2. The playground must be built using the KaBOOMI community-build model,.defined in summary here as the method of using community volunteers to plan for,design,fundraise tor,and build a community playground. 3 $$O,uUU will be applied toward the purchase of playground equipment from any one of the following Preferred Vendors:BCt Burke,Landscape Structures,Inc,Miracle Rec eetion Equipment Company,or Playwortd 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 whore this grant is applied must be no lass then$30,000 and not more than$60,000,inclusive of grant monies. Disbursement and Verlflcatton 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 KaBOOMl: 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 cubmits 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 wit reimburse KaBOOMI 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. Onooina Perticlaatlpp of the Grantee During the Grant Period 8. Grantee agrees to meet the timelines established for the submission andlor completion of the following key project benchmerics.in the case of submission of reports or documents,they should be sent to the attention of the KaBOOMI Grants Manager.Failure to submit any such report by the appointed deadline may result in forfeiture of the grant, a) Grantee must sign tills LOA and return the signed.original hard Copy to KaBOOMI 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 en itemized equipment Invoice from the representative. 5 of 11 Swager park RFP Due:4-21-14 It will be the responsibility of Grantee to secure an installer representing the selected equipment manufacturer to review the completed playground. jndemnification 20-By accepting the Grant,the Grantee acknowledges that neither KaBOOMI 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 irrevocebgy and unconditionally agrees,to the fullest extent permitted by law,to defend,Indemnify,and hold hornless KaBOOMI,DPS and its subsidiaries,and their respective officers,directors,employees and agents, from and against any and all claims,liabilities,tosses,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,an applying for or accepting the Grain,in expending or applying funds furnished pursuant to the Grant or in carrying out the Grant sponsored project,except to the admit that such claims,liabilities, losses,damages or expenses arise from or in connection with any wilful misconduct of KaBOOMI. DPS,their respective subsidiaries and affiliates,and their respective officers,directors,employees or agents. Onset 21. KaBOOMt has the sole right,at its discretion,to waive or postpone any deadline or requirement stipulated in this Letter of Agreement. 22.Grantee egress 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 wiling to comply with the Dr Pepper Snapple Group-KeBOOMI Let's Play Construction Grant requirements outlined In the Latter 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 2000$or Cowin*" u• ;,/4r oar ldanlae Dies Now ofFaM }/ yy Ce/ / 1C1� J 4/(446 Gaonsiv".4' Name Drinbpr , Jab% 651 39• 4/939 (5'7 - '135-vS7i Ca VA,r►Non c,t1,cfoa1,1 Afy44-61e1 Mae Number Far Number t?4,111 Po +3ot Zttc 7 srillvapkn- ,r) SSA'P z Ngd'�lG � air State Z*I Front * NnI-p* O.%5010443)) rueoonb CFO bee oeorpe L/gages • Ka8OOte 4301 Conneaut Ave.,INV Snits ML-t Washingen,DC 2000$202.6590215 lac 2m2.659.02=D 7 of 11 Swager park RFP Due:4-21-14 provided. The wood fiber must meet current CPSC standards,ASTM F1951-99 and ASTM F1292-99 standards and in the appropriate depth. c. The wood fiber base must be enclosed with an approved border designed to contain the wood fiber. d. An accessible play curb must be installed at the playground access. e. Documentation must be provided that the play equipment proposed is age-appropriate. f. Documentation must be provided that the playground meets the requirements of the current American Society for Testing Materials. g. Documentation must be provided that the playground plan and final construction meets the requirements of the Americans with Disabilities Act. h. Documentation must be provided that all playground equipment provided is covered by product liability insurance. i. Documentation must be provided that all playground equipment proposed has been reviewed and approved by a licensed structural engineer. j. Documentation must be provided of all product warranties and guaranties. k. Documentation must be provided that the wood fiber proposed for the base material has been approved for handicapped accessibility and for use in a public playground. I. All equipment provided and all areas around and between equipment must comply with the most current Consumer Project Safety Commission(CPCS)guidelines and the American Society for Testing and Material(ASTM)standard. Equipment that requires labor intensive measures or modifications, after installation, such as the cutting of bolts off, to bring the equipment into conformance with CPSC and ASTM will not be accepted. Documentation must be provided that the playground equipment proposed meets the current Consumer Product Safety Commission Guidelines for public playgrounds. m. All materials shall have a demonstrated record of durability in the playground or similar outdoor setting. n. All fasteners where applicable shall be yellow zinc di-chromate plated steel o r 18-8 grade stainless steel.All clamps shall be die cast of high strength 380 aluminum alloy or galvanized steel. Tenzalloy (40-E, 315.0) is not acceptable as a load bearing clamp material. o. The Owner shall be supplied a choice of colors from which to choose and the Owner shall determine the color choice and at no cost differential to the City.All colors shall be of equal price. p. The total cost of project, including but not limited to, providing the playground equipment, and all other materials, delivery, installation management,taxes,fees, surcharges and all other costs associated with this bid may not exceed $55,000.00. q. Provide a warranty(2 year minimum)kit and materials. Warranty shall cover all parts, service and installation. r. All Equipment must be originally from the following manufacturers ONLY: BCI Burke, Landscape Structures, Miracle Recreation Equip. Company or Playworld Systems. No substitutions shall be permitted. 9 of 11 Swager park RFP Due:4-21-14 5 katitrqe C' • its d )+!: :'V�LFy ,•.$ +µ,Vi,, 4r 11 of 11 Swager park RFP Due:4-21-14 Oak Park Heights Request for Council Action Meeting Date April 22, 2014 Time Required: 5 Minutes Agenda Item Title; Consider Additional Pedestrian Crossing Signals at Nova Scotia Ave and 58th street Agenda Placement Old Business Originating Department/Requestor Council Member Mike Runk Requester's Signature Action Requested Discussion, Possible Action Background/Justification(Please indicate if any previous action has been taken or if other public bodies have advised): (The City Parks Commission did discuss this matter on April 21',2014 and was favorable to this placement as is the Chief of Police -Recommended Action:Direct Staff to secure two quotes for pedestrian crossing equipment similar in scope to what was installed on Oakgreen Ave& SS`"Street) In 2013 the City Council considered additional pedestrian trail crossing markers at three locations in the City:near the High school along 58th;at Boutwell's Landing along 58th street and along Oakgreen Ave at 56th Street. Only the Oakgreen Ave.site was considered an appropriate candidate for additional flashing signals to aid pedestrians across the street. One additional site the City Council may also wish to consider is the trail crossing at Nova Scotia Ave. I see many walkers cross this street as it is a main connection to the City trail-ways to the south through the Linear Park and northwardly to the eastern connection point around the large pond adjacent to the Goodwill store. The costs for the pedestrian lights along Oakgreen Ave was approximately$11,500+/-and are solar powered. See maps on next pane M 4. ate' a" 1$ W 1.,- � N ..r h R ; 1�_,. t..iti. t* sub _ 5ti 4.47,..4.,- ' -4'..{,,,;,v.,,, >-,,,,, -v.,; , , - RR. Zr - ..-: , 4 yf R w a 50 50 •IC'. �.-.f. T va __ 7 Install Ped Crossing Lights for i- this cros§ng? • • If ,-...0 ItILVR,rnirzilif City Trailway (RED) l 13843-13941 1 Q 91430-58A3 o _ rgagAiumin Consider signalized alized r_ ' - • Cross walk Here LIYJi�LL _� z a' i0 o N• E Pte- - - r. v 7TH1 co ,L OP•_...-- "fit { N ..- 1 , 14168 � �' `. 1 V City Trail Through �� � .... Linear Park 634232 ... 14241 0 1�. imp �� ,�9 N O DI o o t 0 01 p2 ,- cn M M M 08 5603 593 9?� NORTH ,,.6 •_;13898 56TH STREET NORTH ----1 5565 55c 4 A f� \5573 ._