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HomeMy WebLinkAbout05/26/2020LAUDERDALE CITY COUNCIL MEETING AGENDA 7:30 P.M. TUESDAY, MAY 26, 2020 Due to the coronavirus, the city council will hold meetings remotely until the City Council rescinds the emergency declaration. The public may monitor the meeting on Lauderdale's public access channel 16 for cable subscribers or online at https://www.ctvnorthsuburbs.org/your- city/lauderdale/. To make public comment during the meeting, use https://us02web.zoom.us/j/83497341054?pwd=Q2RheWQrMUdkbGtKRO I2YndGUm 1 jZzO9 with Password: 352808 or call 1-301-715-8592 with webinar ID: 834 9734 1054. The City Council is meeting as a legislative body to conduct the business of the City according to Robert's Rules of Order and the. Standing Rules of Order and Business of the City Council. Unless so ordered by the Mayor, citizen participation is limited to the times indicated and always within the prescribed rules of conduct for public input at meetings. 1. CALL TO ORDER THE LAUDERDALE CITY COUNCIL MEETING 2. ROLL CALL 3. APPROVALS a. Agenda b. Minutes of the May 12, 2020 City Council Meeting c. Claims Totaling $95,880.19 4. CONSENT a. April Financial Report b. Resolution 052620A — A Resolution in Support of the Protecting Community Television Act c. Resolution 052620B — A Resolution Establishing an Absentee Ballot Board for the City of Lauderdale 5. SPECIAL ORDER OF BUSINESS/RECOGNITIONS/PROCLAMATIONS 6. INFORMATIONAL PRESENTATIONS / REPORTS a. Update on Federal and State Tobacco Legislation by Katie Engman, Association of Non - Smokers Minnesota b. City Council Updates 7. PUBLIC HEARINGS Public hearings are conducted so that the public affected by a proposal may have input into the decision. During hearings all affected residents will be given an opportunity to speak pursuant to the Robert's Rules of Order and the standing rules of order and business of the City Council. 8. DISCUSSION / ACTION ITEM a. Planning for the Opening of City Facilities b. Skyview Park Playground Replacement Update c. Fire Service Options and Contracts 9. ITEMS REMOVED FROM THE CONSENT AGENDA 10. ADDITIONAL ITEMS 11. SET AGENDA FOR NEXT MEETING a. Quotation from Midwest Playscapes for the Purchase of Playground Equipment for Skyview Park 12. WORK SESSION a. Community Development and Coronavirus Impacts Update b. Opportunity for the Public to Address the City Council Any member of the public may speak at this time on any item not on the agenda. In consideration for the public attending the meeting, this portion of the meeting will be limited to fifteen (15) minutes. Individuals are requested to limit their comments to four (4) minutes or less. If the majority of the Council determines that additional time on a specific issue is warranted, then discussion on that issue shall be continued at the end of the agenda. Before addressing the City Council, members of the public are asked to step up to the microphone, give their name, address, and state the subject to be discussed. All remarks shall be addressed to the Council as a whole and not to any member thereof. No person other than members of the Council and the person having the floor shall be permitted to enter any discussion without permission of the presiding officer. Your participation, as prescribed by the Robert's Rules of Order and the standing rules of order and business of the City Council, is welcomed and your cooperation is greatly appreciated. 13. ADJOURNMENT LAUDERDALE CITY COUNCIL MEETING MINUTES HELD REMOTELY VIA TELECONFERENCE Page 1 of 3 May 12, 2020 Call to Order Mayor Gaasch called the Regular City Council meeting to order at 7:33 p.m. Roll Call Councilors present: Andi Moffatt, Jeff Dains, Roxanne Grove, Kelly Dolphin, and Mayor Mary Gaasch. Councilors absent: None. Staff present: Heather Butkowski, City Administrator; Jim Bownik, Assistant to the City Administrator; and Miles Cline, Deputy City Clerk. Approvals Mayor Gaasch asked if there were any additions to the meeting agenda. There being none, Councilor Moffatt moved and seconded by Councilor Dains to approve the agenda. Motion carried unanimously on a roll call vote. Mayor Gaasch asked if there were any corrections to the minutes of the April 28, 2020 city council meeting. There being none, Councilor Dains moved and seconded by Councilor Grove to approve the minutes of the April 28, 2020 city council meeting. Motion carried unanimously on a roll call vote. Mayor Gaasch asked if there were any questions on the claims. There being none, Councilor Dains moved and seconded by Councilor Dolphin to approve the claims totaling $89,975.27. Motion carried unanimously on a roll call vote. Consent Councilor Dolphin moved and seconded by Councilor Dains to approve the Consent Agenda thereby acknowledging the March Financial Report and the First Quarter Investment Report. Motion carried unanimously on a roll call vote. Informational Presentations/Reports A. Ashley Shiwarski, Director of Business Development for Utility Service Partners, Inc., a Service Line Warranty Program of the National League of Cities Shiwarski presented information to the Council explaining the Service Line Warranty Program. Her presentation illustrated insurance options that homeowners can buy to protect their private sanitary sewer and water lines. In order for these options to be available to residents, the City must enter into an agreement with Utility Service Partners. There is no cost to the City to participate. They have about thirty partner cities in Minnesota. The Council will discuss the merits of the program at a future meeting. B. City Council Updates Councilor Dains stated that the Mississippi Watershed Management Organization cancelled all of their summer events. Their employees plan to work from home until September. Mayor LAUDERDALE CITY COUNCIL MEETING MINUTES HELD REMOTELY VIA TELECONFERENCE Page 2 of 3 May 12, 2020 Gaasch noted conversation that the Ramsey County League of Local Governments and the Minnesota Mayors Association have had to help each other through this difficult time. Public Hearings A. Permit Application for a Bee Hive at 1924 Walnut Street Lauderdale residents Diane Galvin would like to install a beehive at 1924 Walnut Street. The property was owned by Bill Silverman who passed away; Leslie and Gary are responsible for the estate and support Diane's application to install a beehive on the premises. City code Title 5, Chapter 3 regulates the keeping of bees. The ordinance requires the keeper be trained and reach out to neighbors for their support. Due to the difficulty the applicant faced reaching a couple of the neighbors, the Council agreed to staff s request of holding the public hearing after mailed notice was sent to all neighbors within one hundred feet. Diane Galvin joined the teleconference to explain her proposal. She would like to create one beehive at the property to boost the pollinator population for the gardeners of Lauderdale. The hive would be in the southeast corner of the site surrounded on two sides by the home and on the open sides by a flyway barrier. Gary Brandenburg and Leslie Kratz, 1773 Carl Street, shared their support for Diane's permit application. They said it was a great location based on the bee community's familiarity with Bill's property. Clay Christensen, 1933 Malvern Street, said the beehive's location in the home's southern alcove separates it from the neighbor to the north who expressed concern over the project. He continued to say that he is in favor of Diane's proposal. After a follow-up discussion between the Council and Galvin, Councilor Dains made a motion to approve Diane Galvin's Bee Hive Permit Application at 1924 Walnut Street. This motion was seconded by Councilor Grove and carried unanimously on a roll call vote. Set Agenda for Next Meeting Administrator Butkowski stated that the May 26 council meeting may include a quote from Midwest Playscapes for the purchase of playground equipment for Skyview Park and a legislative update from Katie Engman of the Association for Nonsmokers -Minnesota. Work Session A. Community Development Updates Butkowski sent an e-mail to upcoming high school graduates and their families asking if they would like complimentary Lauderdale shirts to recognize their efforts and represent their community. Butkowski inquired if they would like to provide additional information to be profiled in a commemorative e-mail, and receive cards from community members. LAUDERDALE CITY COUNCIL MEETING MINUTES HELD REMOTELY VIA TELECONFERENCE Page 3 of 3 May 12, 2020 Staff will be meeting with the city engineer regarding the completion of the Eustis Street and Roselawn Avenue reconstruction project. Butkowski mentioned that staff teleconferenced with Ramsey County Elections staff on May 11 to discuss the upcoming state and primary elections and how they may differ in pandemic times. Butkowski stated that the draft fire services agreement was sent back to the St. Paul city attorney representing the fire department. B. Opportunity for the Public to Address the City Council Mayor Gaasch opened the floor to anyone that had comments or questions for the Council. Leslie Kratz, 1773 Carl Street, stated that she would volunteer for the upcoming elections, whether it is bringing people to voting locations, or just getting the word out. As there were no additional parties interested in speaking, Mayor Gaasch closed the floor. Adj ournment Councilor Dains moved and seconded by Councilor Grove to adjourn the meeting at 8:35 p.m. Motion carried unanimously on a roll call vote. Respectfully submitted, 441,_ . Miles Cline Deputy City Clerk CITY OF LAUDERDALE LAUDERDALE CITY HALL 1 891 WALNUT STREET LAUDERDALE, MN 55113 651-792-7650 651-631-2066 FAX Request for Council Action To: Mayor and City Council From: City Administrator Meeting Date: May 26, 2020 Subject: List of Claims The claims totaling $95,880.19 are provided for City Council review and approval that includes check numbers 26905 to 26920. Accounts Payable Checks by Date - Detail by Check Date User: Printed: MILES.CLINE 5/22/2020 11:57 AM Check No Vendor No Vendor Name Invoice No Description Check Date Reference Check Amount ACH 34 AFSCME MN Council 5 PR Batch 51000.05.2020 Union Dues ACH 43 05/15/2020 PR Batch 51000.05.2020 Uni( Total for this ACH Check for Vendor 34: Public Employees Retirement Association PR Batch 51000.05.2020 PERA Coordinated PR Batch 51000.05.2020 PERA Coordinated 05/15/2020 PR Batch 51000.05.2020 PER PR Batch 51000.05.2020 PER Total for this ACH Check for Vendor 43: ACH 44 Minnesota Department of Revenue PR Batch 51000.05.2020 State Income Tax ACH 45 ACH 46 26905 65 16842794 26906 15 63495 26907 184 052020 052020 26908 29 05/15/2020 PR Batch 51000.05.2020 Statl Total for this ACH Check for Vendor 44: ICMA Retirement Corporation PR Batch 51000.05.2020 Deferred Comp PR Batch 51000.05.2020 Deferred Comp 05/15/2020 PR Batch 51000.05.2020 Defi PR Batch 51000.05.2020 Deli Total for this ACH Check for Vendor 45: Internal Revenue Service PR Batch 51000.05.2020 FICA Employer Portio: PR Batch 51000.05.2020 Federal Income Tax PR Batch 51000.05.2020 Medicare Employee Pc PR Batch 51000.05.2020 FICA Employee Portio PR Batch 51000.05.2020 Medicare Employer Po 05/15/2020 PR Batch 51000.05.2020 FIC. PR Batch 51000.05.2020 Fed( PR Batch 51000.05.2020 Mee PR Batch 51000.05.2020 FIC. PR Batch 51000.05.2020 Mee Total for this ACH Check for Vendor 46: Total for 5/15/2020: Allstream Inc. 05/26/2020 Fax Line Be There Pest Control LLC 2Q20 Quarterly Pest Control Cintas May Uniforms May Uniforms City of St Anthony Total for Check Number 26905: 05/26/2020 Total for Check Number 26906: 05/26/2020 Total for Check Number 26907: 05/26/2020 210.24 210.24 1,170.76 1,014.66 2,185.42 648.76 648.76 1,073.71 1,658.68 2,732.39 1,136.72 1,730.45 265.87 1,136.72 265.87 4,535.63 10,312.44 51.79 51.79 100.00 100.00 11.03 11.03 22.06 AP Checks by Date - Detail by Check Date (5/22/2020 11:57 AM) Page 1 Check No Vendor No Invoice No Vendor Name Description Check Date Reference Check Amount 3942 26909 25 EMCOM-008449 EMCOM-008464 EMCOM-008481 RISK -002048 26910 19 83514 26911 31 154813 June Police Services County of Ramsey PR Batch 51000.05.2020 Long Term Disability PR Batch 51000.05.2020 Life Insurance PR Batch 51000.05.2020 Short Terin Disability April Fleet Support April 911 Dispatch Services April CAD Services Insurance Processing Fee Ehlers and Associates Inc 1795 Eustis Redevelopment Kennedy & Graven Chartered April Legal Services Total for Check Number 26908: 05/26/2020 PR Batch 51000.05.2020 Lon; PR Batch 51000.05.2020 Life PR Batch 51000.05.2020 Shoi Total for Check Number 26909: 05/26/2020 Total for Check Nurnber 26910: 05/26/2020 Total for Check Number 26911: 26912 185 Lauderdale Certified Auto Repair Inc 05/26/2020 052020 April Fuel 052020 April Fuel 052020 April Fuel 26913 24 0001109436 26914 283 8776 26915 18 R32542 26916 12 2020-068 26917 5 619861-04-20 26918 90 9853646236 9853646236 9853646236 Metropolitan Council June Waste Water Midwest Playscapes Inc Engineered Wood Fiber Surfacing - CP Minnesota Equipment Inc Mower Repairs North Suburban Access Corporation April Webstreaming & Archiving Premium Waters Inc April Water Bottles Verizon Wireless April Cell Phone April Cell Phone April Cell Phone Total for Check Number 26912: 05/26/2020 Total for Check Number 26913: 05/26/2020 Total for Check Number 26914: 05/26/2020 Total for Check Number 26915: 05/26/2020 Total for Check Number 26916: 05/26/2020 Total for Check Number 26917: 05/26/2020 62,255.92 62,255.92 95.67 295.06 64.67 6.24 1,060.57 205.40 25.00 1,752.61 147.50 147.50 2,380.00 2,380.00 47.04 219.51 47.04 313.59 13,140.88 13,140.88 1,850.00 1,850.00 2,120.02 2,120.02 428.83 428.83 5.49 5.49 16.23 32.45 16.22 AP Checks by Date - Detail by Check Date (5/22/2020 11:57 AM) Page 2 Check No Vendor No Invoice No Vendor Name Description Check Date Reference Check Amount 26919 7 Waste Management Inc 8551598-0500-8 May Public Works 8558052-0500-9 City Hall Refuse 26920 74 Xcel Energy 683467534 1795 Eustis Street 683467534 1891 Walnut Street 683467534 1891 Walnut Street Total for Check Number 26918: 64.90 05/26/2020 465.52 227.14 Total for Check Number 26919: 692.66 05/26/2020 44.33 82.37 114.80 Total for Check Number 26920: 241.50 Total for 5/26/2020: 85,567.75 Report Total (21 checks): 95,880.19 AP Checks by Date - Detail by Check Date (5/22/2020 11:57 AM) Page 3 LAUDERDALE COUNCIL ACTION FORM Action Requested Consent X Public Hearing Discussion Action Resolution Work Session Meeting Date May 26, 2020 ITEM NUMBER April Financial Report STAFF INITIAL APPROVED BY ADMINISTRATOR DESCRIPTION OF ISSUE AND PAST COUNCIL ACTION: Every month, staff provide the Council with an updated copy of the city's finances. Follow- ing are the revenue, expense, and cash balance reports for April 2020. OPTIONS: STAFF RECOMMENDATION: By approving the consent agenda, the Council acknowledges the city's financial report for April 2020. General Ledger Cash Balances User: heather.butkowski Printed: 5/13/2020 6:53:58 PM Period 04 - 04 Fiscal Year 2020 Description Account Beg Bal MTD Debit MTD Credit Current Balance Cash 101-00000-000-10100 -2,983,599.26 19,088.91 125,926.42 -3,090,436.77 Change Fund 101-00000-000-10300 100.00 0.00 0.00 100.00 Cash 226-00000-000-10100 13,405.80 4,316.45 2,209.12 15,513.13 Cash 227-00000-000-10100 81,524.93 40.27 5,108.48 76,456.72 Cash 305-00000-000-10100 12,938.01 0.00 0.00 12,938.01 Cash 306-00000-000-10100 95,681.53 3,324.33 0.00 99,005.86 Cash 401-00000-000-10100 158,264.66 83.40 0.00 158,348.06 Cash 403-00000-000-10100 551,653.56 290.72 0.00 551,944.28 Cash 404-00000-000-10100 363,954.99 191.80 0.00 364,146.79 Cash 414-00000-000-10100 394,106.50 206.61 2,042.66 392,270.45 Cash 416-00000-000-10100 94,494.02 0.00 0.00 94,494.02 Cash 602-00000-000-10100 1,039,512.61 12,137.72 19,299.09 1,032,351.24 Cash 603-00000-000-10100 418,954.96 2,694.65 9,017.71 412,631.90 Current Assets 240,992.31 42,374.86 163,603.48 119,763.69 Petty Cash 101-00000-000-10200 300.00 0.00 0.00 300.00 Petty Cash 300.00 0.00 0.00 300.00 Investments - Fair Value 101-00000-000-10410 3,452,411.51 1,825.83 0.00 3,454,237.34 Adj Investments 3,452,411.51 1,825.83 0.00 3,454,237.34 Grand Total 3,693,703.82 44,200.69 163,603.48 3,574,301.03 GL - Cash Balances (05/13/2020 - 06:53 PM) Page 1 00 n 3 • oO N JD clO 0) M O Cl cd • "GO� N O '0 4 U OUO VD 00 d' OI CO VD N ClO pl O O ,AD Cl O M 00 00 O N h N M O O C O hl, - O CT Oo Vi 0 M UO. -+O C m N N N el M en O N O U lz U General Fund 0 VO N O N VD VD 01 to O l� 00 O 00 In O 00 00 0 Cl C,1 lin 0 [� ON V) O O OO�t'C' 0 C') O� Vr 000 VD CNO�fl rt VD'— p 00 .�-� N t �� ' M 0\-- ((0 00 V) 4 N V O M e-1 4 V n CD 00 d' d' O 1 In O M N O Ol�l�4 O N CIN CD d'O p 1 M M U O Vl N d' O OyO M O\ O 0 00 O N Ol r 00 C d' N N 000 N cl M N N 7 ,, .� M rF -395,169.10 O OO V) O N pl N Co MM O 0 in 00 O V) O I� ON VD p N V) O M O O 00 1-4 O 0 0 000 VD' O N - t-- O O O 00 S M \O V) M rt l— 0o O 00 N N 00 O N '-D © M M l� N O ... e-1 0 0 0 0 0 0 CD CD CD CD CD CZ 0 O O O O O O p O O O O O Op O • 0 0 0 0 0 0 �1' 0 0 0 O O6 cy co VD VOOMOO VD OMOM 0 O 0 V1 0 0) l� 0 400 ( fn 00 ,:t.vim') N -,[t d' O 7 H ,-r H ti U) (n Ccn 01) • > .[ Q • y N Q U cd U 4 N v) ' '(0 N .8 . bA UaS N N t r C > N ' t7-'� O U 4y U , n ° v a) U O 0) cd cOd � w p v4 of c% • d 0 0°U>0 ti 0 O P,cd .� d R�',E� -1 c) CD c W aci 0U0 General Fund O GL - Revenue vs Expense (05/13/2020 - 06:55 PM) I:6 N 0CN b•O ¢' tH � • O 61 N p • oN ,� 1 0�N z 1.) o P a a w N N 0) VDCN o N 000 c OO VV) 000 • N c e CA 0 O M c IMI '• � O CD CD v) O 0 tri N VD MON p —CA CI cl cl e▪ l b 0 U O VD O dCO . O I 00 et L 00 M 00 O O Vii N R1 d' rY N N V) A F-+ N 141 -+ (OM O 000 OI p -N-1 M • i"O e�-i N O 00 O O O M M N rt N - � d it La L) z FQ tee O O O O O O p p O t-: O 'Cr C1 N CD p O CI N c n vo 0 00 0 C U m• 0 1-. U , O • g N O 0) USF g W4ci OU W Communications GL - Revenue vs Expense (05/13/2020 - 06:55 PM) a CN V CD N O N M O b� rCl 07J 0 0 aww YTD Balance z 0 sI CD M VD O�-� 0 M -i Or O �j N r- O n o N b O O cn CN V M Orn O VD N N 7 of MVim' 0 M 0 �0 M' O O N O N N U e-^ H ti d' N N �O H H O N N CA O". 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O YTD Balance Current Period .6 U Account Numb 0 NO O O 0 c+1 0 M 0 0 0 0 sO �O p oO O p O M o coNO ONO O p O O H 0. Oh O O O kii V) r 00 00 00 O Cr) op I M 00 p p I O N O O M r O O O p © ti V V) )!) 0 pd0'pI 7 pppl g O �M O O O p © OMO 00 c) o pp 0) 0 0 O O O O O O p o O vi 11) 0 o © .-, ti tf • M 00 00 00 h 0 N 0 .+ • 0 00 + C > c0j .4 • a4 a)o U 1.1 • N 00 0 C.43C R bA 0) C <n 0) U U .-moi U ° 5 > U j g .� 4) • o N O h G) 1' G bA O C J 0 d �F44 • 0 C4 • WOUO W - General Capital Projects GL - Revenue vs Expense (05/13/2020 - 06:55 PM) 6J 01 01 • 00 0 • 00 o� o 00 0r. 00 oI o 0 o 0 0 0 o�o N pool r o 0000 06 600 000 000 o 00 o c:. N N 00 0 \C C•1 N N 0 M oo ( M N O oo I N O o vi --- 0 ...q 000 0 o 00 © O\ Q o o --. 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CTV rec- ommended that each city pass the resolution to show support for this act. The act would eliminate the newly adopted FCC language that ruled a franchise fee is both a monetary and non -monetary fee and permits cable companies to unilaterally assign a value to the non - monetary in-kind contributions and then subtract that amount from the franchise fees the cable operator pays the local community. Signing this resolution will support the change of the language back to the original Cable Act of 1984 version. Franchise fees are directly paid to each city. This language does not affect PEG fees. OPTIONS: STAFF RECOMMENDATION: By approving the consent agenda, the Council adopts Resolution No. 052620A—A Resolu- tion in Support of the Protecting Community Television Act. RESOLUTION NO. 052620A CITY OF LAUDERDALE COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION IN SUPPORT OF THE PROTECTING COMMUNITY TELEVISION ACT WHEREAS, the City of Lauderdale, Minnesota is a member of the North Suburban Cable Commission (the "Commission"), a Joint Powers Commission organized pursuant to Minn. Stat. § 471.59, as amended, and includes the municipalities of Arden Hills, Falcon Heights, Lauderdale, Little Canada, Mounds View, New Brighton, North Oaks, Roseville, and St. Anthony, Minnesota (collectively the "Member Cities"); WHEREAS, the Commission negotiates and manages the cable franchises agreements of the Member Cities and operates North Suburban Access Corporation ("the NSAC"), a local community public educational and governmental ("PEG") access facility on behalf of the Member Cities; WHEREAS, NSAC provides coverage of local events, such as local high school sporting events and most government meetings that local broadcast stations typically will not cover, and, in light of a rapidly decreasing print media, NSAC is the principal, and may soon be the sole, source for local residents to have access to coverage of local events; WHEREAS, NSAC is funded through franchise fee and PEG fee revenues negotiated in the cable franchise agreements; WHEREAS, the Member Cities require, as part of the cable franchise agreements, that cable companies meet demonstrated community needs by providing non -monetary in-kind contributions that benefit the Member Cities, local schools, public safety buildings, as well as NSAC; WHEREAS, in 1984 Congress defined a franchise fee as a "tax, fee, or assessment" and, for the past 35 years, it has been solely a monetary fee; WHEREAS, last year the FCC departed from the clear language of the Cable Act and ruled that a franchise fee is both a monetary and non -monetary fee and permits cable companies to unilaterally assign a value to the non -monetary in-kind contributions and then subtract that amount from the franchise fees the cable operator pays the local community; WHEREAS, the FCC order results in decreased vital funding to the Member Cities and NSAC; WHEREAS, the Protect Community Television Act (currently S. 3218/HR 5659) has been introduced in Congress and its goal is to maintain the status quo by reversing the FCC order and allowing franchise fees to be calculated as they have been for over 35 years as monetary only fees; and WHEREAS, this legislation is supported by the National League of Cities, the U.S. Conference of Mayors, the National Association of Counties, the Minnesota League of Cities, and NATOA. NOW, THEREFORE, BE IT RESOLVED that the City calls on Congress to pass legislation, such as the Protect Community Television Act, which would undo the FCC's action; and BE IT FURTHER RESOLVED that the City urges all House members and Senators from Minnesota to cosponsor the Protect Community Television Act. Adopted by the City Council of the City of Lauderdale, Minnesota this 26th day of May, 2020. CITY OF LAUDERDALE By: ATTEST: Mary Gaasch, Its Mayor Heather Butkowski, Its City Clerk -Administrator 2 LAUDERDALE COUNCIL ACTION FORM Action Requested Consent X Public Hearing Discussion Action Resolution Work Session Meeting Date May 26, 2020 ITEM NUMBER Absentee Ballot Board STAFF INITIAL APPROVED BY ADMINISTRATOR DESCRIPTION OF ISSUE AND PAST COUNCIL ACTION: As Ramsey County will provide absentee ballot processing for the City this year, we need to appoint them as our absentee ballot board. This is accomplished by adopting the following resolution. OPTIONS: STAFF RECOMMENDATION: By approving the consent agenda, the Council adopts Resolution 052602B—Establishing an Absentee Ballot Board within the City of Lauderdale. RESOLUTION NO. 052620B CITY OF LAUDERDALE COUNTY OF RAMSEY STATE OF MINNESOTA ESTABLISHING AN ABSENTEE BALLOT BOARD FOR THE CITY OF LAUDERDALE WHEREAS, the City of Lauderdale conducts general and special elections for the residents of Lauderdale; and WHEREAS, the City of Lauderdale delegates the evaluation and counting of absentee ballots to Ramsey County; and WHEREAS, Ramsey County is required by Minnesota Statutes 203B.121, Subd. 1 to establish an Absentee Ballot Board effective June 24, 2016; and WHEREAS, this board will bring uniformity in the processing of accepting or rejecting returned absentee ballots in Ramsey County; and WHEREAS, the Absentee Ballot Board would consist of a sufficient number of election judges as provided in sections 204B.19 to 204B.22 or deputy county auditors trained in the processing and counting of absentee ballots. THEREFORE, BE IT RESOLVED THAT, the Lauderdale City Council hereby delegates absentee ballot board responsibility to Ramsey Council Elections effective immediately. ADOPTED by the City Council of Lauderdale this 26th day of May, 2020. Mary Gaasch, Mayor ATTEST: Heather Butkowski, City Clerk -Administrator LAUDERDALE COUNCIL ACTION FORM Action Requested Consent Public Hearing Discussion X Action Resolution Work Session Meeting Date May 26, 2020 ITEM NUMBER Tobacco Legislation Update_ STAFF INITIAL APPROVED BY ADMINISTRATOR DESCRIPTION OF ISSUE AND PAST COUNCIL ACTION: In January, the Council adopted an interim ordinance to put a pause on the issuance of new tobacco licenses. The purpose was to provide time to adapt to the sweeping changes in fed- eral tobacco laws and any state law updates expected from the 2020 session. The state legis- lature updated its laws to conform with federal law right before the session ended. Katie Engman of the Association of Non -Smokers Minnesota will present specifics related to these legislative changes. Following the conversation, the Council will begin revising the existing ordinance including addressing the interest of existing tobacco license holders to open tobacco shops in order to sell a broader selection of flavored tobacco products. OPTIONS: STAFF RECOMMENDATION: LAUDERDALE COUNCIL ACTION FORM Action Requested Consent Public Hearing Discussion X Action Resolution Work Session Meeting Date May 26, 2020 ITEM NUMBER Public Facility Openings STAFF INITIAL APPROVED BY ADMINISTRATOR DESCRIPTION OF ISSUE AND PAST COUNCIL ACTION: Each city's response to the coronavirus considers the welfare of the public and that of its staff. In Lauderdale, we need to specifically look at plans to open City Hall and our two parks. With the Stay -at -Home order lifted, cities are gradually making plans to open facili- ties they are able to effectively manage. The cities in Ramsey County continue to share strategies in this area and staff will share more during the meeting. We also take guidance from the Governor and CDC. Attached is Executive Order #20-56 and the guidance for out- door recreational facilities based upon that order as well as the CDC's guidance for pets. City Hall Administrative staff returned to City Hall on Monday, May 18 with staggered working days to avoid contact between us. We ask residents to make appointments so we can be prepared for their visits. This has worked well as foot traffic is down and more people realize how easy it is to work with us remotely. Starting June 26, we begin administering absentee vot- ing. Staff believe we need to continue staggering shifts as much as possible to prevent a sit- uation where all staff must quarantine at the same time and are unable to administer ballots. Staff are discussing voting options with Ramsey County that may alleviate some of this risk. Our regular Social Room users want to use the space again. As congregating is still limited to groups of ten or less, only small groups could be eligible. Staff is looking for guidance from the Council on the opening of the Social Room for reservations. Based on that guid- ance we can look at what safety precautions would need to be in place. Park Facilities How park facilities are used defines how they should be managed. With that in mind, these are the facilities staff is looking for guidance on from the Council. Decisions made can be changed if we find that guidance is poorly followed or generates excessive police calls. Picnic Shelter: Some Ramsey County cities are considering allowing for reservations from groups of 10 or less but there is no ability to monitor this. In line with the Governor's rec- ommendation to stay local, reservations could be limited to residents only. DESCRIPTION OF ISSUE AND PAST COUNCIL ACTION: Archery: Archery can be accomplished through social distancing. The City has one set of bales left in storage that could be put out at the Council's direction. In previous years, groups of hatchet throwers have used the bales. We think these hatchets have diminished the longevity of the bales. If the bales are put out, we will include signage prohibiting the throwing of hatchets. Tennis Courts: Tennis can be played using social distancing practices. Many cities are put- ting their nets back up. We can try this and install signage by the gate. Basketball Courts: We tried to keep the hoops up and educate users but that became unman- ageable after other cities took down hoops and groups started congregating here. Staff don't believe the hoops should be put back up yet as managing the groups is resource intensive. As Minneapolis and St. Paul are staffing parks to prevent group play, there will still be large groups looking for courts. Volleyball: Volleyball is one of those sports that you can't social distance during. As our volleyball court sees limited use, it seems best to not put up the net. Dog Park: The on-going CDC guidance around dog parks is that pet owners should avoid them but most have remained open because they are large areas that allow for social distanc- ing. Our dog park is compact so it requires users to be more mindful of maintaining an ap- propriate distance from each other. If the Council elects to open it again, we should deter- mine the number of users allowed to help with ongoing management. Staff are working on a project that would bring in companies to fix and improve upon the fencing to simplify maintenance and restore the functionality of the double gate entry. Baseball Field: The organized sports likely aren't starting up soon so Roseville Area Base- ball won't be using the field. The field is open to folks and families looking to use it. Playground: The on-going guidance around playgrounds is to avoid them as they can't be sanitized between users. Most cities plan to maintain this position but don't put up physical barriers to prevent usage. The key is signage to educate parents that they should only be used with an abundance of caution and good hygiene after use. Signage will be updated based on the decisions made. STATE OF MINNESOTA Executive Department ov:CHLS y 441 i 1( ••• .' Governor Tim Walz Emergency Executive Order 20-56 Safely Reopening Minnesota's Economy and Ensuring Safe Non -Work Activities during the COVID-19 Peacetime Emergency I, Tim Walz, Governor of the State of Minnesota, by the authority vested in me by the Constitution and applicable statutes, issue the following Executive Order: The COVID-19 pandemic continues to present an unprecedented and rapidly evolving challenge to our State. Since the World Health Organization ("WHO") characterized the COVID-19 outbreak as a pandemic on March 11, 2020, confirmed cases of COVID-19 in Minnesota have rapidly increased. On March 15, 2020, Minnesota detected the first confirmed cases caused by "community spread"—infections not epidemiologically linked to overseas travel. By March 17, 2020, all fifty states had reported a confirmed case of COVID-19, and on March 21, 2020, the Minnesota Department of Health ("MDH") announced the first confirmed fatality due to COVID-19 in Minnesota. Minnesota has taken proactive steps to ensure that we are ahead of the curve on COVID-19 prevention and response. On March 13, 2020, I issued Executive Order 20-01 and declared a peacetime emergency because this pandemic, an act of nature, threatens the lives of Minnesotans, and local resources are inadequate to address the threat. After notifying the Legislature, on April 13, 2020 and again on May 13, 2020, I issued Executive Orders extending the peacetime emergency declared in Executive Order 20-01. The need to slow the spread of the virus required the closure of certain non-critical businesses in our economy. Consistent with national trends, over 650,000 Minnesotans have applied for unemployment insurance since March 16, 2020. In Executive Order 20-33, seeking to balance public health needs and economic considerations, I directed the Commissioners of Health, Employment and Economic Development, and Labor and Industry to begin planning to allow more Minnesota workers to return to work when it is safe to do so. I explained that such a plan must include guidelines and requirements for appropriate social distancing, hygiene, and public health best practices. Executive Order 20-38 expanded exemptions related to outdoor recreational activities and facilities. Executive Orders 20-40 and 20-48 allowed for certain non- critical businesses to reopen after they had planned for and provided a safe work environment. 1 In light of our increased preparedness to treat those most vulnerable to COVID-19 and mitigate these ongoing economic impacts, this Executive Order continues our plan to safely reopen our economy by allowing even more non-critical businesses to reopen, provided that they follow guidance from MDH, the Department of Employment and Economic Development ("DEED"), and the Department of Labor and Industry ("DLI"). In particular, such businesses must ensure compliance with the Minnesota Occupational Safety and Health Act of 1973, Minnesota Statutes 2019, Chapter 182 ("Minnesota OSHA Standards"), in addition to guidelines related to COVID- 19 set forth by MDH and the Centers for Disease Control and Prevention ("MDH and CDC Guidelines"). Despite the progress we have made since declaring the COVID-19 peacetime emergency, certain establishments—including those in which people gather and linger, those with communal facilities, and those in which close physical contact is expected—continue to pose a public health risk. We must continue to carefully consider and prepare for the reopening of such businesses. Likewise, certain non -work activities outside of the home are conducive to social distancing and hygiene, while others raise significant public health risks. Large social and other gatherings of people for extended time periods raise the risk of COVID-19 transmission from household to household. The risks of such transmission are diminished in transitory settings, such as retail establishments, where individual interactions and contact are more limited in duration. In Minnesota Statutes 2019, section 12.02, the Minnesota Legislature conferred upon the Governor emergency powers "in order to (1) ensure that preparations of this state will be adequate to deal with disasters, (2) generally protect the public peace, health, and safety, and (3) preserve the lives and property of the people of the state." Pursuant to Minnesota Statutes 2019, section 12.21, subdivision 1, the Governor has general authority to control the state's emergency management as well as carry out the provisions of Minnesota's Emergency Management Act. Minnesota Statutes 2019, section 12.21, subdivision 3(7), authorizes the Governor to cooperate with federal and state agencies in "matters pertaining to the emergency management of the state and nation." This includes "the direction or control of ... the conduct of persons in the state, including entrance or exit from any stricken or threatened public place, occupancy of facilities, and ... public meetings or gatherings." Pursuant to subdivision 3 of that same section, the Governor may "make, amend, and rescind the necessary orders and rules to carry out the provisions" of Minnesota Statutes 2019, Chapter 12. When approved by the Executive Council and filed in the Office of the Secretary of State, such orders and rules have the force and effect of law during the peacetime emergency. Any inconsistent rules or ordinances of any agency or political subdivision of the state are suspended during the pendency of the emergency For these reasons, I order as follows: 1. Executive Order 20-48 is rescinded as of Sunday, May 17, 2020 at 11:59 pm. 2. Paragraphs 6 through 8 of this Executive Order are effective as of Sunday, May 17, 2020 at 11:59 pm and remain in effect through Sunday, May 31, 2020 at 11:59 pm. 3. Masks and face coverings strongly encouraged. I strongly encourage all Minnesotans to wear a manufactured or homemade cloth face covering when they 2 leave their homes and travel to any public setting where social distancing measures are difficult to maintain (e.g., grocery stores and pharmacies) and to follow face covering guidelines issued by MDH and the CDC until this Executive Order is rescinded. Such face masks and coverings are for source control (to help limit the person wearing the covering from infecting others). They are not yet known to be protective of the wearer and therefore are not personal protective equipment. 4. At -risk persons. All persons currently living within the State of Minnesota who are at risk of severe illness from COVID-19, as defined by Executive Order 20-55, are strongly urged to stay at home or in their place of residence and follow the provisions of Executive Order 20-55. 5. Definitions. a. "Home" and "homes" and "residence" and "residences" are broadly defined to include mobile homes, hotels, motels, shared rental units, shelters, and similar facilities, to the extent they are used for lodging. b. "Worker" and "workers" are broadly defined to include owners, proprietors, employees, contractors, vendors, volunteers, and interns. c. "Business" and "businesses" are broadly defined to include entities that employ or engage workers, including private -sector entities, public -sector entities, non-profit entities, and state, county, and local governments. d. "Critical Businesses" are all businesses whose workers qualified for a Critical Sector exemption under paragraph 6 of Executive Order 20-48. e. "Non -Critical Businesses" are all businesses that are not Critical Businesses and are not closed under Executive Orders 20-04, as amended by Executive Orders 20-08 and 20-18. 6. Activities outside of the home. Mindful that we must continue to limit social interactions to protect public health, individuals may leave their homes for activities, subject to the requirements and guidelines set forth below. These requirements may be clarified, as deemed necessary by the Governor, to ensure the health, safety, and security of all Minnesotans. Clarifications will be available for public review at the State' s COVID-19 website (https://mn.gov/covid19/). a. Guidelines. Individuals engaging in activities outside of the home must follow the requirements of this Executive Order and MDH and CDC Guidelines. Individuals engaging in outdoor activities must follow the Minnesota Department of Natural Resources ("DNR") and MDH guidelines on outdoor recreation and guidelines for facilities and the public ("Outdoor Recreation Guidelines") available at DNR's website (https://www.dnr.state.mn.us/covid-19.html). 3 b. Unnecessary travel strongly discouraged. Consistent with federal guidance and to protect our neighbors, Minnesotans are encouraged to stay close to home and are strongly discouraged from engaging in unnecessary travel. c. Gatherings. All gatherings of more than 10 people are prohibited. Gatherings are groups of individuals, who are not members of the same household, congregated together for a common or coordinated social, civic, community, faith -based, leisure, or recreational purpose—even if social distancing can be maintained. This prohibition includes planned and spontaneous gatherings, public and private gatherings, and indoor and outdoor gatherings. Examples of prohibited gatherings include, but are not limited to, social, civic, community, faith -based, or leisure events, sporting or athletic events, performances, concerts, conventions, fundraisers, parades, fairs, and festivals that bring together more than 10 people from more than one household. Prohibited gatherings do not include commercial activity by workers and customers of Critical and Non -Critical Businesses. Legislative and other governmental meetings. The limits on gatherings in this Executive Order do not apply to legislative and other governmental meetings. Remote meetings are strongly encouraged whenever possible. ii. The Judicial Branch. The limits on gatherings in this Executive Order do not apply to proceedings held by the Minnesota Judicial Branch. Proceedings held by the Judicial Branch are subject to the policies established by the chief justice and will occur as directed by court order. Individuals may appear as directed by a Minnesota state court, including to serve as a juror, appear as a party, as a witness, or as legal counsel on behalf of a party, or otherwise to comply as directed by a court order, subpoena, or summons. iii. Federal activities. Nothing in this Executive Order will be construed to limit, prohibit, or restrict in any way the operations of the federal government or the movement of federal officials in Minnesota while acting in their official capacity, including federal judicial, legislative, and executive staff and personnel. iv. Drive-in gatherings. To enable safe congregation of more than 10 people, drive-in gatherings are permitted, provided that all participants remain within their own vehicles and follow guidelines provided by MDH and available at MDH's website (https://www.health.state.mn.us/diseases/coronavirus/). d. Tribal Activities and Lands. i. Activities by tribal members within the boundaries of their tribal reservations are exempt from the restrictions in this Executive Order but may be subject to restrictions by tribal authorities. ii. Activities within the boundaries of federal land held in trust for one of the 11 Minnesota Tribal Nations are exempt from the restrictions in this Executive Order but may be subject to restrictions by tribal authorities. iii. Activities by tribal members to exercise their federal treaty rights within the boundaries of their treaty territory (also known as "ceded territory") are exempt from the restrictions in this Executive Order but may be subject to restrictions by applicable tribal authorities. iv. Tribal members may travel to and from their tribal reservations in accordance with applicable tribal law. 7. Workers and businesses. Workers and businesses are subject to the requirements set forth below. a. Extension of temporary closure of bars, restaurants, and other places of public accommodation. The closure of bars, restaurants, and other public accommodations set forth in Executive Order 20-04, as amended by Executive Orders 20-08 and 20-18, is extended until May 31, 2020 at 11:59 pm. Barbershops and salons may continue to conduct retail product sales in accordance with the requirements for Non -Critical Businesses set forth below. b. Plan to reopen bars, restaurants, and other places of public accommodation. The Commissioners of Health, Employment and Economic Development, and Labor and Industry are directed to develop a phased plan to achieve the limited and safe reopening of bars, restaurants, and other places of public accommodation beginning on June 1, 2020. This plan will be ready for presentation to the public no later than May 20, 2020. c. Continue to work from home whenever possible. Any worker who can work from home must do so. d. Critical Businesses. Businesses whose workers qualified for a Critical Sector exemption under paragraph 6 of Executive Order 20-48 may continue to operate in the same manner as provided in Executive Order 20-48. i. Child care businesses and youth programming. Child care providers and other businesses providing care and programming to children and youth of Critical Businesses, including workers in child care centers, family child care, certified centers, youth summer programming (including day camps but not overnight camps), and 5 other activities and facilities, are Critical Businesses. These businesses are encouraged to prioritize enrollment for workers in Critical Businesses according to guidance provided by the Children's Cabinet and other agencies. This category continues to include workers in a personal home, such as family, friend, and neighbor care necessary for workers to continue to perform their duties. These settings must adhere to MDH and CDC Guidelines. e. Non -Critical Businesses. If it has not done so already, a Non -Critical Business choosing to open or remain open must establish and implement a COVID-19 Preparedness Plan ("Plan"). Each Plan must provide for the business's implementation of Minnesota OSHA Standards and MDH and CDC Guidelines in their workplaces. These requirements are set forth in guidance published by DEED and DLI ("Plan Guidance") available on DEED's website (https://mn.gov/deed/safework/). i. Required Plan content. As set forth in the Plan Guidance, at a minimum, each Plan must adequately address the following areas: A. Require work from home whenever possible. All Plans must ensure that all workers who can work from home continue to do so. B. Ensure that sick workers stay home. All Plans must establish policies and procedures, including health screenings, that prevent sick workers from entering the workplace. C. Social distancing. All Plans must establish social distancing policies and procedures. D. Worker hygiene and source control. All Plans must establish hygiene and source control policies for workers. E. Cleaning, disinfection, and ventilation protocols. All Plans must establish cleaning, disinfection, and ventilation protocols for areas within the workplace. ii. Customer facing businesses. All Non -Critical Businesses that are customer facing (i.e., businesses that have in-person customer interactions) must include additional Plan provisions to keep the public and workers safe as set forth in the Plan Guidance available on DEED's website (https://mn.gov/deed/safework/). This includes requirements that workers and customers must maintain physical distancing of 6 feet and that store occupancy must not exceed 50 percent of the normal occupant capacity as determined by the fire marshal. In customer facing businesses that share common areas, such as malls, all Plans must similarly include a facility occupancy that must not exceed 50 percent of the normal occupant capacity as determined by the fire marshal and provide an enhanced sanitizing, cleaning, and disinfecting regimen consistent with Minnesota OSHA Standards and MDH and CDC Guidelines for those common areas. All Plans must also include signage in common areas to discourage gathering. iii. Household services businesses. All Non -Critical Businesses that provide household services (e.g., housecleaning, maid services, and piano tuners) must also develop Plan provisions intended to keep customers and workers safe as set forth in the Plan Guidance available on DEED's website (https://mn.gov/deed/safeworkl). iv. Optional template. A template COVID-19 Preparedness Plan, which covers the above requirements, is available as part of the Plan Guidance, available on DEED's website (https://mn.gov/deed/safework/). v. Certification and signature. Senior management responsible for implementing the Plan must sign and certify the Plan, affirming their commitment to implement and follow the Plan. vi. Dissemination and posting. Each Non -Critical Business must provide its Plan, in writing, to all workers, and the Plan must be posted at all of the business's workplaces in locations that will allow for the Plan to be readily reviewed by all workers. Where physical posting is impracticable, the Plan can be posted electronically, provided that the Plan is received by all workers and remains available for their review. vii. Training. Each Non -Critical Business must ensure that training is provided to workers on the contents of its Plan and required procedures, so that all workers understand and are able to perform the precautions necessary to protect themselves and their co-workers. This training should be easy to understand and available in the appropriate language and literacy level for all workers. Businesses should also take steps to supervise workers and ensure that workers understand and adhere to necessary precautions to prevent COVID-19 transmission. Documentation demonstrating compliance with this training requirement must be maintained and made available to regulatory authorities and public safety officers, including DLI, upon request. viii. Compliance. Employees and management must work together to ensure compliance with the Plan, implement all protocols, policies, and procedures, and create a safe and healthy work environment. ix. Availability to regulatory authorities and public safety officers. Non -Critical Businesses do not need to submit their Plans for preapproval. Upon request, Non -Critical Businesses must make their Plans available to regulatory authorities and public safety officers, including DLI. x. In the event of a complaint or dispute related to a Non -Critical Business's Plan, DLI is authorized to determine whether the Plan adequately implements Minnesota OSHA Standards and MDH and CDC Guidelines in its workplaces. f. Executive Order 20-54 remains in full force and effect. All work must be conducted in a manner that adheres to Minnesota OSHA Standards and MDH and CDC Guidelines, including social distancing and hygiene practices. Under existing law and authority, DLI may issue citations, civil penalties, or closure orders to places of employment with unsafe or unhealthy conditions, and DLI may penalize businesses that retaliate against employees who raise safety and health concerns. 8. Outdoor recreational activities and associated facilities. Notwithstanding Executive Orders 20-04, 20-08, and 20-18, the below facilities are permitted to be open and do business, provided that they adhere to paragraph 6 of this Executive Order and the Outdoor Recreation Guidelines available at DNR's website (https://www.dnr.state.mn.us/covid-19.html). This permission does not extend to charter boats, launches, or facilities that involve prohibited gatherings or people in groups or close proximity (e g., mini golf, pools, commercial outdoor racetracks, and concert venues). Indoor facilities associated with outdoor recreational facilities covered by Executive Orders 20-04, 20-08, and 20-18, must comply with those Executive Orders, and all indoor facilities associated with outdoor recreational facilities must also conform with the provisions of paragraph 7 of this Executive Order. I encourage public outdoor recreational facilities be open for families and children, and direct all individuals utilizing such facilities to follow the Outdoor Recreation Guidelines. All outdoor recreational activities and facilities must comply with Minnesota law, including but not limited to license and permit requirements, invasive species regulations, and park rules. a. Minnesota State Parks, Trails, State Forests, State Recreation Areas, Wildlife Management Areas, Scientific and Natural Areas, and other State managed recreational lands. b. Locally, regionally, and privately managed parks and trails. c. State, regional, or local public water accesses. d. Public and private marinas and docks that provide storage, docking, and mooring services to slip owners, seasonal renters, and the general public, as well as facilities that provide safety-related services including fueling, emergency dockage, and sanitary pump -out stations. 8 e. Public and private golf courses and outdoor driving ranges. f. Ski areas. g. Off-highway vehicles, snowmobiles, and watercraft repair shops, sales facilities, and showrooms. h. Lake service providers to install, repair, and remove docks, boatlifts, and other water related equipment or deliver boats. i. Bait and tackle shops. j. Outdoor shooting ranges and game farms. k. Outdoor recreational equipment rental outlets. Equipment may be rented but only if the equipment can be effectively sanitized between uses. Such outlets must implement clear check-in and check-out procedures that minimize contact between customers and workers. Any rentals must be conducted in accordance with the Outdoor Recreation Guidelines. 1. Dispersed and remote camping sites for single household use. A dispersed campsite is a single campsite, not in a developed campground, used for overnight camping. A remote campsite is a designated backpack or watercraft campsite, not in a developed campground, used for overnight camping. Both private and public developed campgrounds remain closed to recreational camping. m. Outdoor tournaments, competitions, practices, and sports that allow for social distance, do not require group gatherings prohibited by paragraph 6.c, and that adhere to the Outdoor Recreation Guidelines. n. Small one-on-one or one -on -two person guided and instructional activities such as guided fishing, birding, or outdoor fitness training. Guided and instructional activities must be conducted in accordance with the Outdoor Recreation Guidelines. o. Any other outdoor recreation activities and facilities that may be designated in the Outdoor Recreation Guidelines. 9. Minnesotans must respect the efforts of employers or businesses to protect the safety of their workers and customers by complying with those businesses' social distancing and hygiene instructions. Employers must post social distancing and hygiene instructions at entrances and in locations that can be easily seen by customers and visitors. 10. I urge all Minnesotans to voluntarily comply with this Executive Order. Pursuant to Minnesota Statutes 2019, section 12.45, an individual who willfully violates this Executive Order is guilty of a misdemeanor and upon conviction must be punished by 9 a fine not to exceed $1,000 or by imprisonment for not more than 90 days. Any business owner, manager, or supervisor who requires or encourages any of their employees, contractors, vendors, volunteers, or interns to violate this Executive Order is guilty of a gross misdemeanor and upon conviction must be punished by a fine not to exceed $3,000 or by imprisonment for not more than a year. In addition to those criminal penalties, the Attorney General, as well as city and county attorneys, may seek any civil relief available pursuant to Minnesota Statutes 2019, section 8.31, for violations of this Executive Order, including civil penalties up to $25,000 per occurrence from businesses and injunctive relief. Nothing in this Executive Order is intended to encourage or allow law enforcement to transgress individual constitutional rights. Pursuant to Minnesota Statutes 2019, section 4.035, subdivision 2, and section 12.32, this Executive Order is effective immediately upon approval by the Executive Council. It remains in effect until the peacetime emergency declared in Executive Order 20-01 is terminated or until it is rescinded by proper authority. A determination that any provision of this Executive Order is invalid will not affect the enforceability of any other provision of this Executive Order. Rather, the invalid provision will be modified to the extent necessary so that it is enforceable. Signed on May 13, 2020. 021/110•0-0. Tim Walz Governor Filed According to Law: Steve Simon Secretary of State Approved by the Executive Council on May 13, 2020: Alice Roberts -Davis Secretary, Executive Council 10 • DNR RESPONSE TO COVID-19: For details on adjustments to DNR services, visit this webpage (https://www.dnr.state.mn.us/covid-19.html). For information on the state's response, visit the Department of Health website (https: / /www. health . state. mn. us/diseases/coronavirus/index. html). Q (/index.html) Page Menu COVID-19 Outdoor Recreation, Facilities and Public Guidelines The following guidelines from the Minnesota Department of Natural Resources (DNR) and Minnesota Department of Health (MDH) are for outdoor recreational activities during the COVID-19 pandemic, based upon Governor Walz's Emergency Executive Order 20-56 (https://mn.gov/governor/assets/EO%2020-56%20Final tcm1055-431921.pdf) ® PDF (E0 20- 56). The guidelines address public health protection measures for both authorized outdoor recreational facilities and the public. These guidelines do not address organized youth or adult athletics, which are not authorized to resume by EO 20-56. Authorized outdoor recreational facilities do not include facilities that involve gatherings of more than 10 people in close proximity, such as mini golf, pools, commercial outdoor race tracks, zoos, and concert venues. These guidelines will be updated periodically, as needed. Last updated May 18. Guidelines for outdoor recreational facilities • While E0 20-56 allows many outdoor recreational facilities to be open, Minnesotans are discouraged from engaging in unnecessary travel. Facilities should do their part to help patrons limit their travel - such as by providing basic supplies on site. • Facilities should review and implement steps described in the Centers for Disease Control's (CDC's) Resources for Businesses and Employers (https: //www.cdc.gov/coronavirus/2019-ncov/community/organizations/businesses- employers.html), CDC's Resources for Parks and Recreational Activities .(https: //www.cdc.gov/coronavirus/2019-ncov/community/parks-rec/index.html), MDH's Guidance for Businesses and Employers .(https://www.health.state.mn.us/diseases/coronavirus/businesses.html), Minnesota Department of Employment and Economic Development's Safely Returning to Work Guidance (https://mn.gov/deed/newscenter/covid/safework/), and Minnesota Department of Labor and Industry's Occupational Safety and Health COVID-19 Resources (https://www.dli.mn.gov/business/workplace-safety-and-health/mnosha- compliance-novel-coronavirus-covid-19) to ensure they are up-to-date on implementing safe workplace practices. • Safe workplace practices include actively encouraging ill employees to notify their supervisor and stay home according to public health guidance. • Employees should use proper handwashing, observe respiratory etiquette, and avoid using other employees' phones, desks, offices, or other work tools or equipment. • Surfaces such as doorknobs, counters, and other items that are high -touch should be regularly cleaned and sanitized. Follow CDC's Guidance on Cleaning and Disinfecting Your Facility _(https: / /www.cdc.gov/coronavirus/2019-ncov/community/disinfecting- building-facility. html). • Clean and disinfect bathrooms regularly, particularly high -touch surfaces, and ensure they have handwashing supplies. These EPA -registered household disinfectants (https: / /www.epa. gov/pesticide-registration/list-n-disinfectants-use-against-sars-cov- 2), are recommended by the CDC for cleaning. • Adapt practices to allow social distancing of at least 6 feet from others, except for members of the same household. O For example, facilities should limit capacity or stagger activities such as boat launching/loading, tee times, or other reservation -based or scheduled activities as needed to maintain social distancing. O "Household" means all the people living in the same home or residence, including a shared rental unit or other similar living space. • Just as facilities need to ensure that customers are following social distancing while on the premises, employees of the facilities also need to follow social distancing. This means maintaining a physical distance of at least 6 feet between individuals. This distancing for employees should occur both inside buildings and outside, such as on golf courses, trails, boat launches, and other outdoor settings. • Ensure that employees and customers have access to handwashing/hand sanitizing facilities and supplies. • Place appropriate signage and other messaging on site, including at entrances and in other locations that can be easily seen by customers and visitors. Print materials are available online at MDH Materials and Resources .(https://www.health.state.mn.us/diseases/coronavirus/materials/index.html) and at CDC Communication Resources (https://www.cdc.gov/coronavirus/2019- ncov/communication/factsheets.html). Examples of messages: • Maintain social distancing of at least 6 feet at all times from others, except for members of the same household. O Wash hands often with soap and water for at least 20 seconds; if soap and water are not readily available, use a hand sanitizer containing at least 60% alcohol. O Avoid touching eyes, nose, and mouth with unwashed hands. O Anyone with symptoms consistent with COVID-19 (including fever, cough, or difficulty breathing) should stay home and not engage in outdoor activities. For more information, see CDC's What to Do If You Are Sick (https: //www.cdc.gov/coronavirus/2019-ncov/if-you-are-sick/steps-when- sick.html) and the State of Minnesota's Self -Screening Tool .(https: //mn.gov/covidl9/for-minnesotans/if-sick/is-it-covid1). • Minimize face-to-face employee and customer interaction. Implement online or other contactless/socially distanced measures to take reservations and payments, provide instruction, or purchase supplies such as gas or bait. • Postpone or cancel outdoor events and gatherings of more than 10 people, such as concerts or festivals. • Outdoor events such as tournaments, leagues, competitions or practices may be held if they are modified as described below. These guidelines do not address organized youth or adult athletics, which are not authorized to resume by EO 20-56. o The event does not involve gathering of groups of more than 10 people, O Participants maintain social distancing throughout the event, o The event uses either a staggered start or multiple points of departure and return so that participants do not congregate before, during, or after the event, and O Spectators are prohibited. The following examples are provided for illustrative purposes only. This is not an exhaustive list and activities may be subject to local restrictions and/or facility availability: O A fishing league that involves individual (or paired, with social distancing) anglers but no single point of lake access, in-person group rules meeting, weigh-in or awards ceremony. o A golf tournament with staggered tee times, single -household cart use, and a virtual (rather than in-person) awards ceremony. o A bicycle race with staggered start times (so competitors remain socially distanced on the course), no group hydration stations, and no spectators. O Staggered practice sessions on a racetrack that ensure social distancing and avoid participants congregating before or after their session. • One-on-one or one -on -two guided or instructional services (e.g., fishing and birding guides, sports lessons) are allowed if social distancing is maintained throughout the activity, there is not shared transportation among different household members to/from the activity, and any shared equipment is sanitized between uses. O Service providers and clients are encouraged to follow face -covering guidance issued by MDH (MDH Guidance on When to Wear a Mask .(https://www.health.state.mn.us/diseases/coronavirus/basics.html#mask)) and the CDC. o Group tours and boat launches are not allowed; this does not prohibit a facility from repurposing a vessel typically used for boat launches or tours to instead be used for one-on-one or one -on -two guided fishing. • Remind patrons about social distancing in outdoor common space. • Outdoor recreational facilities should only allow public access to any associated indoor facilities as allowed by paragraph 7 of EO 20-56. See also DEED's Safely Returning to Work Guidance (https://mn.gov/deed/newscenter/covid/safework/) for more information. • Rental of outdoor recreational equipment is allowed if the equipment can be effectively sanitized between uses. For example, canoes, kayaks, fishing boats, bicycles, houseboats, and recreational vehicles (RVs) may be rented if procedures are in place to clean and disinfect the rented item and all associated equipment - such as paddles, life jackets or helmets - after every use/rental cycle. o Sanitation of "soft goods," such as life jackets or backpacks, poses particular challenges. Such rentals are allowed if there is an effective cleaning procedure or sufficient equipment inventory to allow "down time" of 72 or more hours between uses to minimize risk of COVID-19 transmission. See this Life Jacket Association website (http: / /www.lifejacketassociation.org/life-jackets/covid-19- virus-cleaning-storing-your-pfd/) for example cleaning considerations. O For cleaning live -aboard rental equipment such as houseboats or RVs, follow the MDH Interim Guidance for Hotel Managers and Owners .(http://www.health.state.mn.us/diseases/coronavirus/lodgingcleaning.pdf) Ii PDF. O Facilities must implement clear check-in and check-out procedures that minimize contact between customers and workers. O Some rental equipment, such as a fishing boat or golf cart, can typically be used by more than one person at a time. When renting such an item, consider social distancing to decide if/by whom the item can be shared. Live -aboard rentals (e.g., houseboats, RVs) can only be shared by people from the same household. The same holds true for items where the users are in close proximity (e.g., golf carts, kayaks). A rented fishing boat may accommodate two or three people from different households depending on its size. When in doubt, only provide shared rental items to people from the same household. O Any instruction on the operation or use of rental equipment must be provided in a manner that complies with social distancing requirements. • Public and private marinas and docks may provide storage, docking, and mooring services to slip owners, seasonal renters or the general public. This includes the ability for boaters to purchase fuel, use access ramps, or purchase/receive services otherwise authorized by paragraphs 7 and 8 of EO 20-56, such as food for take-out. • All private and public developed campgrounds are closed to recreational camping. Dispersed or remote camping sites may be open for recreational camping by people from the same household. o A dispersed campsite is a single campsite, not in a developed campground, used for overnight camping. For example, dispersed camping is allowed on state forest land if done at least one mite outside of designated campsites or state forest campgrounds. There are typically no amenities such as fire rings, picnic tables or toilets. O A remote campsite is a designated backpack or watercraft campsite, not in a developed campground, used for overnight camping. For example, a campsite on the Superior Hiking Trail, a houseboat mooring site in Voyageur's National Park, or a cart-in or bike-in campsite in a state park are all remote campsites. Remote campsites may have some limited amenities, such as fire rings or vault toilets. • Campsites at private and public developed campgrounds and slips at marinas that serve as a residence, or that serve seasonal renters who maintain personal property at their site, may remain available for occupancy by members of the same household provided they do not host overnight guests. For developed campgrounds and marinas that choose to open to non-recreational camping or slippage, communal amenities may not be open for use, except the following may be open to campground/marina residents provided social distancing and enhanced cleaning protocols (see cleaning references above) are followed: o Bathrooms/shower buildings O Retail food stores O Laundry facilities O Fish cleaning stations and docks • Off-highway vehicle, snowmobile, and watercraft repair, sales and showroom facilities may be open as allowed by paragraph 7 of EO 20-56. • At outdoor recreation facilities that serve the public: O Remove to the extent possible objects that could be frequently touched and that are not essential to safety, such as water coolers, ball washers, rakes, or squeegees. O Take measures to reduce the need to touch fixed items that cannot be removed; for example, leaving gates ajar or raising golf cups and requiring golfers to leave the flag stick in the hole. o Encourage patrons to avoid touching other patrons' items such as golf clubs or other recreational equipment • Outdoor recreation facilities may provide food and beverage for "off-premises consumption," provided such offerings are consistent with paragraph 7(a) of EO 20-56. In the context of outdoor recreation facilities, "premises" means the permanent building and any outdoor dining or patio area for the sale of food and non-alcoholic For information specific to the sale of alcohol, please see this Minnesota DPS webpage ,(https: / /dps. mn.gov/divisions/age/Pages/default.aspx). O For example, a golf course, ski hill, or marina may provide food or non-alcoholic beverages to patrons, so long as the food or beverage is not consumed indoors, at an associated outdoor seating area, or in another area that promotes gathering. O Food or beverage carts that travel a golf course or other outdoor recreational facility may dispense packaged food and non-alcoholic beverages so long as there are adequate provisions for employee handwashing/hand sanitizing. o Paragraphs 2 and 4 of Executive Order 20-04 provide additional requirements for food and beverage facilities, and those requirements apply to food and beverage facilities at outdoor recreation facilities. • To protect one another, Minnesotans are strongly urged to wear a manufactured or homemade cloth face covering when they leave their homes and travel to any public setting where other social distancing measures are difficult to maintain (9., indoor spaces like grocery stores), and to follow face covering guidelines issued by MDH (MDH Guidance on When to Wear a Mask .(https://www.health.state.mn.us/diseases/coronavirus/basics.html#mask)) and the CDC. Note that cloth face coverings may help protect others from the wearer's respiratory droplets but are NOT a replacement for social distancing. Social distancing must be observed even if face coverings are in use. If you have questions about what is currently authorized by EO 20-56 or the information in these guidelines, please email us (mailto:dnr-biz®state.mn.us). Please note: we will not be responding to inquiries or requests about the future opening of outdoor recreation and facilities. Guidelines for the public Time spent outside provides many benefits. We encourage local day use of parks, trails and other outdoor recreational facilities as a good way to stay healthy, reduce stress, and enjoy time with friends and family. However, it is essential to follow the guidelines from the Minnesota Department of Health (see Protecting Yourself and Your Family. _(https://www.health.state.mn. us/diseases/coronavirus/prevention.html) and Strategies to Slow the Spread (https://www. health. state.mn.us/diseases/coronavirus/action.html)) and the Centers for Disease Control (see Visiting Parks and Recreational Facilities (https://www.cdc.gov/coronavirus/2019-ncov/daily-life-coping/visitors.html)) and observe the following practices while recreating outdoors to protect yourself and others and slow the spread of COVID-19: • Consistent with state and federal guidance to limit the spread of COVID-19 and protect our neighbors, EO 20-56 discourages Minnesotans from unnecessary travel. If travel is necessary to engage in authorized outdoor recreation, the following will help you minimize potential points of virus transmission: o Travel as directly to your destination as possible and minimize stops along the way. o Attempt to bring all needed supplies with you. o If you do need to stop for gas or supplies, wear a manufactured or homemade cloth face covering. o Wash your hands or use hand sanitizer after touching common surfaces (gas pumps, door handles, shared bathrooms, etc.). o Do not travel if sick. • Please note that while outdoor activities consistent with EO 20-56 and these guidelines are allowed, EO 20-56 does not require associated outdoor recreation facilities to open or restrict the ability for local authorities to limit activities or close facilities within their purview. Before visiting an outdoor recreational facility, be sure to check with the owner/operator and local authorities to confirm it is open and your intended activity is allowed. • Practice social distancing (stay at least 6 feet from people from other households). This isn't just for parks and trails - it is also essential at boat launches, fishing piers, and hunting lands, and anytime you leave your home. • "Household" means all the people living in the same home or residence, including a shared rental unit or other similar living space. • If it is not possible to maintain social distancing throughout an activity - such as while playing a sport like basketball or volleyball where participants are often in close proximity - then you should only participate in that activity with members of your household. • Keep in mind that even activities and sports that are typically thought of as non- contact - such as doubles tennis or pickleball - may require modification to follow social distancing practices. • Organized youth and adult athletics are not authorized to resume by EO 20-56. • Only engage in tournaments, leagues, competitions or practices that: O Allow participants to maintain social distancing throughout the event, o Do not involve gathering of groups of more than 10 people, O Use either a staggered start or multiple points of departure and return so that participants do not congregate before, during, or after the event, and O Do not include spectators. The following examples are provided for illustrative purposes only. This is not an exhaustive list and activities may be subject to local restrictions and/or facility availability: O A fishing league with individual (or paired, with social distancing) anglers but no single point of lake access, in-person group rules meeting, weigh-in or awards ceremony. O A golf tournament with staggered tee times, single-household cart use, and a virtual (rather than in-person) awards ceremony. o A bicycle race with staggered start times (so competitors remain socially distanced on the course), no group hydration stations, and no spectators. o Staggered practice sessions on a racetrack that ensure social distancing and avoid participants congregating before or after their session. • Do not host or attend gatherings of more than 10 people unless they are members of your household. This includes gatherings like outdoor cookouts or barbeques, because those types of gatherings could spread COVID-19. • Explore the range of nearby public lands available to you. If you arrive at a park, water access site, or other public recreation land and see that it is busy, choose a different option. This will allow you to maintain social distancing and reduce impacts on staff and resources. Also, consider visiting at off-peak times, such as mid-week, or early or late in the day on a weekend. Do not carpool to outdoor recreational activities with people other than those in your household. Similarly, only use equipment that is sanitized between uses and maintain social distancing when around people from outside of your household. • If you rent recreational equipment - such as a canoe or bicycle - consider bringing your own protective gear like life jackets and helmets. • When enjoying recreational boating: O Consider boating only with those in your household. O If you boat with people not from your household, limit passengers to one or two to maintain a minimum six-foot distance between people from different households, recognizing that vessel size and design affects capacity. O Maintain a minimum of six-foot separation between boats. Beaching or rafting with other boats is not allowed. O When launching/loading your boat, give those ahead of you plenty of time and space to finish launching or loading before you approach. o Be aware that conditions at water access sites may differ from those encountered in previous years. For example, while DNR -managed accesses are open, spring maintenance is not completed and amenities such as courtesy docks are not yet in place in some locations. Other public and private access sites may not be open. • Recreational camping is allowed at dispersed or remote camping sites with members of your household. Recreational camping at developed campgrounds is not permitted. O A dispersed campsite is a single campsite, not in a developed campground, used for overnight camping. For example, dispersed camping is allowed on state forest land if done at least one mile outside of designated campsites or state forest campgrounds. There are typically no amenities such as fire rings, picnic tables or toilets. O A remote campsite is a designated backpack or watercraft campsite, not in a developed campground, used for overnight camping. For example, a campsite on the Superior Hiking Trail, a houseboat mooring site in Voyageur's National Park, or a cart -in or bike -in campsite in a state park are all remote campsites. Remote campsites may have some limited amenities, such as fire rings or vault toilets. o White dispersed and remote camping sites are allowed to be open, they might not actually be open due to staffing limitations or other considerations. Be sure to check if a specific facility is actually open for dispersed or remote camping before heading there to camp. O Also be aware that bathrooms or shower buildings near dispersed or remote camping sites may not be open yet this year; check with the campsite owner/manager ahead of time. • Avoid congregating in common areas like trailheads, parking areas, overlooks, fishing piers, boat launches or fueling stations. • Avoid contact with shared amenities like playground equipment, picnic tables, and benches. Assume such equipment has not been sanitized. Wash your hands or use hand sanitizer if you do come into contact with shared amenities. • Respect signs limiting access or providing temporary direction regarding trail or site usage. • Wash your hands often with soap and water for at least 20 seconds. If soap and water are not readily available, use a hand sanitizer that contains at least 60% alcohol. Cover all surfaces of your hands and rub them together until they feel dry. Do not touch your eyes, nose, and mouth with unwashed hands. • Anyone with symptoms consistent with COVID-19 (including fever, cough, or difficulty breathing) should stay home and not engage in outdoor activities. For more information see CDC's What to Do If You Are Sick (https: / /www.cdc.gov/coronavirus/2019-ncov/if-you-are-sick/steps-when-sick. html) and the State of Minnesota's Self -Screening Tool (https://mn.gov/covid19/for- minnesotans/if-sick/is-it-covid/). • Wear a manufactured or homemade cloth face covering when you leave your homes and travel to any public setting where other social distancing measures are difficult to maintain (s., indoor spaces like grocery stores), and follow face covering guidelines issued by MDH (MDH Guidance on When to Wear a Mask (https: //www.health.state.mn.us/diseases/coronavirus/basics.html#mask)) and the CDC. Note that cloth face coverings may help protect others from your respiratory droplets but are NOT a replacement for social distancing. Social distancing must be observed even if face coverings are in use. • Know the latest information about what facilities are open. For DNR -managed parks and lands, consult the DNR website or call the DNR information center (651-296-6157 or 888-MINNDNR (888-646-6367)). Do you have questions not answered here? Email us (mailto:info.dnr@state.mn.us). We all have a role to play in protecting ourselves and fellow Minnesotans from the COVID-19 health threat. By following EO 20-56 and these guidelines, we can enjoy the many benefits of the outdoors while providing for public health, slowing the spread of COVID-19, and decreasing the potential for added strain on local communities and health care systems in Minnesota. (1) Questions? Call 651-296-6157 or 888-M I N N D N R (646-6367) Email us: info.dnr@state.mn.us (mailto:info.dnr@state.mn.us) Connect with us 1.1 Sign up for email updates 1 �io'a3m i n n esota D N R) Email address Subscribe © 2020 Minnesota DNR 1 Equal opportunity employer 1 State of Minnesota (https://www.state.mn.us) 1 Data access (/aboutdnr/dataaccess/index.html) Disclaimers, legal notices and policies (/aboutdnr/disclaimers_and_policies.html) 1 A -Z list (/site_tools/azlist.html) ►" , Centers for Disease 7 G Control and Prevention 1111 Coronavirus Disease 2019 (COVID-19) If You Have Pets Key Points • CDC is aware of a small number of pets worldwide, including cats and dogs, reported to be infected with the virus that causes COVID-19, mostly after close contact with people with COVID-19. • Based on the limited information available to date, the risk of animals spreading COVID-19 to people is considered to be low. • It appears that the virus that causes COVID-19 can spread from people to animals in some situations. • Treat pets as you would other human family members - do not let pets interact with people or animals outside the household. If a person inside the household becomes sick, isolate that person from everyone else, including pets. • This is a rapidly evolving situation and information will be updated as it becomes available. For more information on COVID and Animals, see COVID-19 and Animals and COVID-19 and Animals Frequently Asked Questions Coronaviruses are a large family of viruses. Some coronaviruses cause cold -like illnesses in people, while others cause illness in certain types of animals, such as cattle, camels, and bats. Some coronaviruses, such as canine and feline coronaviruses, infect only animals and do not infect humans. Risk of people spreading the virus that causes COVID-19 to pets We are still learning about the virus that causes COVID-19, but it appears that it can spread from people to animals in some situations. CDC is aware of a small number of pets, including dogs and cats, reported El to be infected with the virus that causes COVID- 19, mostly after close contact with people with COVID-19. Only a few of the pets reported to be positive showed signs of illness. What to do if you own pets Until we learn more about how this virus affects animals, treat pets as you would other human family members to protect them from a possible infection. • Do not let pets interact with people or other animals outside the household. • Keep cats indoors when possible to prevent them from interacting with other animals or people. • Walk dogs on a leash, maintaining at least 6 feet (2 meters) from other people and animals. • Avoid dog parks or public places where a large number of people and dogs gather. There is a small number of animals around the world reported to be infected with the virus that causes COVID-19. mostly after having contact with a person with COVID- 19. Talk to your veterinarian if your pet gets sick or if you have any concerns about your pet's health. Protect pets if you are sick If you are sick with COVID-19 (either suspected or confirmed by a test), you should restrict contact with your pets and other animals, just like you would with people. Until we know more about this virus, people sick with COVID-19 should avoid contact with pets and other animals. • When possible, have another member of your household care for your pets while you are sick. • Avoid contact with your pet including, petting, snuggling, being kissed or licked, and sharing food or bedding. • If you must care for your pet or be around animals while you are sick, wear a cloth face covering and wash your hands before and after you interact with them. If you are sick with COVID-19 and your pet becomes sick, do not take your pet to the veterinary clinic yourself. Call your veterinarian and let them know you have been sick with COVID-19. Some veterinarians may offer telemedicine consultations or other plans for seeing sick pets. Your veterinarian can evaluate your pet and determine the next steps for your pet's treatment and care. For more information visit: What to Do if You are Sick. Stay healthy around animals In the United States, there is no evidence that animals are playing a significant role in the spread of COVID-19. Based on the limited information available to date, the risk of animals spreading COVID-19 to people is considered to be low. However, because all animals can carry germs that can make people sick, it's always a good idea to practice healthy habits around pets and other animals. • Wash your hands after handling animals, their food, waste, or supplies. • Practice good pet hygiene and clean up after pets properly. • Talk to your veterinarian if you have questions about your pet's health. • Be aware that children 5 years of age and younger, people with weakened immune systems, and people 65 years of age and older are more likely to get sick from germs some animals can carry. For more information, visit CDC's COVID-19 and Animals, and Healthy Pets, Healthy People website. Guidance and recommendations • Interim Guidance for Public Health Professionals Managing People with COVID-19 in Home Care and Isolation Who Have Pets or Other Animals • Interim recommendations for intake of companion animals from households where humans with COVID-19 are present • Interim Infection Prevention and Control Guidance for Veterinary Clinics • Evaluation for SARS-CoV-2 Testing in Animals [i More Information COVID-19 and Animals FAQs USDA: Coronavirus Disease 2019 E. Information on Bringing an Animal into the United States FDA: Coronavirus Disease 2019 [1 World Organisation for Animal Health: Q&As on COVID-19 USDA Statement on the Confirmation of COVID-19 Infection [� in a Tiger in New York L1 Confirmation of COVID-19 in Two Pet Cats in New York Page last reviewed: April 30, 2020 LAUDERDALE COUNCIL ACTION FORM Action Requested Consent Public Hearing Discussion X Action Resolution Work Session Meeting Date May 26, 2020 ITEM NUMBER Skyview Park Replacement STAFF INITIAL APPROVED BY ADMINISTRATOR DESCRIPTION OF ISSUE AND PAST COUNCIL ACTION: Late in 2019, we learned that Ramsey County was willing to provide the City with $100,000 in federal CDBG funds to replace the playground equipment at Skyview park and make ADA upgrades. The County increased that amount to $115,000 and remitted 75% of the money to the City already. We received great feedback from residents and continue to rely on that as we tweak the de- sign to fit the space. Attached is the latest rendering and the area is marked with lath sticks should you have time to look before Tuesday's meeting. We received permission from Mn/DOT to use the space up to the fence. We changed the picnic shelter to a covered picnic table to save space. We are still looking at options to shrink the footprint but staff will talk more about that at the meeting. With the smaller foot- print, the goal would be to install turf. STAFF RECOMMENDATION: NV '31VUN3af1V1 Ad`dd M3IAA>ls MIDWEST PLAYSCAPES, INC. EQUIPMENT SIZE: 231"X51'8"X10'3" 0.1 • w CO CO N o N W (2) Q ASTM F1487-17 ii M M d 0 20-2122A.MID 0 )IlVM3UIS - • 0 )IlVM3UIS 0) x *PLAYGROUND SUPERVISION REQUIRED cc 0 K T tn▪ 3 tn u 3 cc N o w - 0 3 } D C K j 0 d °m wpm C, C u a J C a N 0 O ▪ w C N T W N ] O 0O CO F ccO MIN Z 0 0. m O 3 • O O C m } O • • a i Lauderdale, MN ECO-ARMOR u N J C a v O O c J 0) C N W t0 2 U • o 0 co oN$ cc 0owl 43a U 42 O • z a (D W -2 L V) J N N N O LAUDERDALE COUNCIL ACTION FORM Action Requested Consent Public Hearing Discussion X Action Resolution Work Session Meeting Date May 26, 2020 ITEM NUMBER Fire Services Agreements STAFF INITIAL APPROVED BY ADMINISTRATOR DESCRIPTION OF ISSUE AND PAST COUNCIL ACTION: The City Council has been considering contracting with the city of St. Paul for fire services. This would provide the city with a fire response from one of the best full-time fire depart- ment in the state and align provisions of services as St. Paul Fire already provided the city of Lauderdale's emergency medical (ambulance) services. Following are the City's current contract with the city of Falcon Heights and a draft contract with the city of St. Paul. The city attorney will be present for the discussion but requests flexibility as he will be juggling our meeting and his city of Maplewood meeting that night. STAFF RECOMMENDATION: AGREEMENT FOR FIRE SERVICE BETWEEN THE CITY OF FALCON HEIGHTS AND THE CITY OF LAUDERDALE AGREEMENT MADE this 11th day of December, 2013 by and between the City of Falcon Heights, a Minnesota municipal corporation ("Falcon Heights"), and the City of Lauderdale, a Minnesota municipal corporation ("Lauderdale"). WHEREAS, the parties hereto are parties to a previous agreement dated December 14, 2005 relating to the furnishing of fire service by Falcon Heights to Lauderdale; and WHEREAS, the parties wish to make this Agreement for the continued provision of fire service by Falcon Heights to Lauderdale in accordance with the terms and provisions hereinafter set forth; and WHEREAS, Falcon Heights is authorized by prior action of the City Council pursuant to Minnesota Statutes § 438.08 to provide fire service outside the limits of Falcon Heights; and WHEREAS, Minnesota Statutes § 438.09 authorizes municipalities to contract with other municipalities providing fire services as authorized under Minnesota Statutes § 438.08 to contract for compensation for services rendered; and WHEREAS, Falcon Heights and Lauderdale are adjacent communities and Falcon Heights has the means and ability to provide fire protection services for Lauderdale, while at the same time providing adequate fire services within the City of Falcon Heights. NOW, THEREFORE, the parties hereto agree as follows: 1. SERVICES. Falcon Heights shall provide the following services to Lauderdale: a. Fire Services. Falcon Heights shall furnish fire protection services to all property located within Lauderdale. Falcon Heights shall respond to all fires in Lauderdale with the same level of service and effort as it does in Falcon Heights whenever Falcon Heights is notified of such fire. b. Routine Fire Inspection Services. Falcon Heights shall provide routine fire inspection services. The services shall include routine annual inspections of all day care facilities, multi -family residential structures with three or more units, and commercial and industrial structures, and one follow-up inspection per structure. c. Non -routine Fire Inspection Services. Falcon Heights shall provide additional fire inspection services necessitated by particular fire code concerns, complaints, or the need for more than one follow-up inspection. 2. COMPENSATION. For the services provided herein by Falcon Heights, Lauderdale shall pay Falcon Heights the sum of the following: Doe. #172282v.1 RNK: 9/6/2013 1 a. A readiness -to -serve factor equal to a base rate sum computed by multiplying the previous year's fair market value of all property in Lauderdale, times a standard multiplier of .00009723. b. Charges for service will be based upon a charge for each truck according to the call time as outlined in Appendix A. The fee shall be based on the budgeted costs for operating the Fire Department. Falcon Heights shall provide Lauderdale with a preliminary estimated cost by September 1st and a final estimated cost which is no more than three percent (3%) greater than the preliminary cost, by September 30t1i of each year. c. A fee for fire prevention services based upon the fire inspector's hourly rate and mileage and an estimated number of hours of fire prevention inspection activities and associated work will be calculated for the coming year. Any fire prevention services provided that exceed the number of estimated hours will be charged on an "as needed" basis and be pro -rated using the fire inspector's hourly rate and mileage. d. It shall be the responsibility of Lauderdale to recover or pay for any HAZMAT costs incurred in Lauderdale. e. Lauderdale shall make payment to Falcon Heights based on the rates and charges established by Falcon Heights for each calendar year. Falcon Heights shall bill Lauderdale monthly for services received. The bill shall be submitted within thirty (30) days after the end of the month. Lauderdale shall pay on a monthly basis on or before the 1st day of each month. f. The City of Lauderdale shall pay a capital share for fire truck replacement of Truck 757 commencing in 2014 and continuing through 2023, of $2,250 per year, as outlined in Appendix B. 3. EFFECTIVE DATE AND TERM. This Agreement shall apply to services rendered and shall continue in force until modified or terminated by agreement of the parties or until termination by either party. This Agreement may be severed by either party by notifying the other party's City Administrator with a written notice of termination on or before July 15t1i of the calendar year of the party's intent to terminate the contract no earlier than midnight, December 31st of that same calendar year or after December 31st of that calendar year as identified in the notification of termination. 4. LIABILITY. Falcon Heights shall not be liable to Lauderdale or any other person or party for loss or damage of any kind whatever resulting from any failure to prevent, control or extinguish any fire, or prevent any personal injury, unless such loss or damage or injury is caused by the gross negligence of Falcon Heights. Lauderdale shall indemnify and hold harmless, and defend Falcon Heights, its officials and employees against any and all liability, loss, costs, damages, expenses, claims or actions arising out of or by reason of the failure of the Falcon Heights's Fire Department to attend a fire, or to put out a fire or for Doc. #172282v.1 RNK: 9/6/2013 2 damage to property caused by a fire in Lauderdale, except for claims arising as a result of gross negligence by the Falcon Heights's Fire Department in the execution, performance, or failure to adequately perform the Falcon Heights's obligations pursuant to this Agreement. 5. INDEMNIFICATION. Except as provided in Paragraph 4 above, each City shall be liable for its own acts and the results thereof to the extent provided by law and agrees to defend, indemnify and hold harmless each other (including their officials, employees, volunteers and agents), from any liability, claims, causes of action, judgments, damages, losses, costs or expenses, including reasonable attorney's fees, resulting directly or indirectly from any act or omission of the party, anyone directly or indirectly employed by it, and/or anyone for whose acts and/or omissions it may be liable, in the performance or failure to perform its obligations under this Agreement. Each city's liability shall be governed by the provisions of Minnesota Statutes, Chapter 466 and other applicable law. The parties agree that liability under this Agreement is controlled by Minnesota Statutes § 471.59, subd. l.a, and that the total liability for the parties shall not exceed the limits on governmental liability for a single unit of government as specified in Minnesota Statutes § 466.04, subd. 1(a). a. Insurance. Each City warrants that it has a purchased insurance or has a self- insurance elfinsurance program. b. Duty to Notify. Each City shall promptly notify the other of any claim, action, cause of action or litigation brought against the party, its employees, officers, agents or subcontractors, which arises out of the services contained in this Agreement and should also notify the other cities whenever any city has a reasonable basis for believing that the city, and/or its employees, officers, agents or subcontractors, and/or the other cities might become the subject of a claim, action, cause of action or litigation arising out of the services contained in the Agreement. 6. STATE AID. Pursuant to the authority granted in Minnesota Statutes § 69.011, et. seq. and in particular Minnesota Statutes § 69.021, Subd. 7, Falcon Heights shall, for the purposes of calculating fire state aid, be entitled to include the population and net tax capacity of Lauderdale in the area for which it furnishes fire protection service and two duly executed copies of this contract shall be filed by Falcon Heights with the Minnesota Commissioner of Revenue, who will in turn, forward one copy of the contract to the Ramsey County Auditor. 7. FIRE INCIDENT INSPECTIONS. Fire inspections carried out by the Fire Chief or his or her authorized personnel, including the fire inspector, as part of a fire incident shall be considered as part of over-all fire department services covered by this contract and no separate charge shall be made for these inspections. 8. MONTHLY REPORTS. Falcon Heights shall provide monthly fire report summaries within thirty (30) days after the end of the month. Falcon Heights shall provide special fire reports upon Lauderdale's request. Doc. #172282v.1 RNK: 9/6/2013 3 9. COMMUNICATION. Falcon Heights shall make every reasonable effort to notify Lauderdale of a major fire or related incident in a timely way on the first business day following the incident. 10. MUTUAL AID. Falcon Heights shall, in providing the services under this Agreement, utilize the mutual aid assistance available to it pursuant to various mutual aid agreements with other governmental units while serving Lauderdale including the authority to request assistance from a HAZMAT unit when the situation warrants it. 11. MINNESOTA GOVERNMENT DATA PRACTICES ACT. All data collected, created, received, maintained, or disseminated, in any form, for any purposes because of this Agreement is governed by the Minnesota Government Data Practices Act (Minnesota Statutes, Chapter 13 and related statutes), as amended, the Minnesota Rules implementing such Act, as amended, as well as Federal Regulations on data privacy. The person responsible for release of all data under this Agreement shall be identified by each party. IN WITNESS WHEREOF, the parties have executed this Agreement on the date set forth below. CITY OF FALCON HEIGHTS By: By: Peter Lindstrom, Mayor Bart Fischer, City Administrator Date: 1 21 if Doc. #172282v.1 RNK: 9/6/2013 CITY OF LAUDERDALE By: B Jef } e ' Dains, Mayor , 2013 Date: 4 Heather Butkowski, City Administrator (L J D , 2013 APPENDIX A Response to fire calls and false alarms Doc. #172282v.1 RNK: 9/6/2013 5 0-45 Minutes 46-120 Minutes 121-360 Minutes Over 360 Minutes (Extreme) Fire Call (per truck) $457.68 $457.68 $893.83 $1,420.03 Identified False Alarm (per call) $228.85 $457.68 Not Applicable Not Applicable Doc. #172282v.1 RNK: 9/6/2013 5 Appendix B Lauderdale Capital Payment for Truck 757 Year Payment Amount 2014 $2,250 2015 $2,250 2016 $2,250 2017 $2,250 2018 $2,250 2019 $2,250 2020 $2,250 2021 $2,250 2022 $2,250 2023 $2,250 Doc. #172282v.1 RNK: 9/6/2013 6 JOINT POWERS AGREEMENT BETWEEN THE CITY OF SAINT PAUL AND THE CITY OF LAUDERDALE THIS JOINT POWERS AGREEMENT (the "Agreement"), is made and entered into effective as of this day of , 2020 by and between the City of Lauderdale (hereinafter called "Lauderdale"), a Minnesota municipal corporation, whose principal office is located at 1891 Walnut Street, Lauderdale, Minnesota 55113, and the City of Saint Paul, through its Saint Paul Fire Department (hereinafter called "Saint Paul"), a Minnesota municipal corporation, whose principal office is located at 15 West Kellogg Boulevard, Saint Paul, Minnesota 55102, Lauderdale and Saint Paul are hereinafter collectively called the "Cities". WHEREAS, Lauderdale intends to engage Saint Paul's Fire Department (the "Fire Department") to provide Fire and the Hazardous Materials Response Team Services to all of Lauderdale; and WHEREAS, the Cities are authorized under Minnesota Statutes, section 471.59 to cooperatively exercise their commonly held powers and an aid agreement is critical to providing and supporting emergency services; and WHEREAS, Saint Paul through the Fire Department is willing and able to provide the year- round services and equipment desired by Lauderdale when requested. NOW, THEREFORE, subject to the terms and conditions set forth below, Lauderdale and Saint Paul agree as follows: SECTION 1. Definitions. 1. Emergency means fires, medical, drowning(s), building damages, cave-ins, accidents, explosions, or other types of incidents which a fire department would respond to for the protection of life, health, and property. This term shall be interpreted broadly to effect the purpose of this Agreement. 2. Fire Chief means the Chief of the Saint Paul Fire Department. 3. Fire Fighting Services means those services directed at rescue, fire suppression, property conservation or special operations involving individuals, buildings on property involved in a fire or other emergency. 4. Fire Preventative Services means those services directed at fire cause investigation and determination, pre -fire planning and inspection, hazard identification and elimination, public education and other activities intended to proactively improvement the safety of life and property. 1 LA135-3-642839.v4 5. Hazardous Materials Response Services means those services directed at the identification, isolation, mitigation or removal of hazardous materials. SECTION 2. Scope of Services from Saint Paul. A. Services. The Fire Department will provide the following services to Lauderdale pursuant to the terms and conditions set forth herein: 1. Fire Fighting Services and Fire Prevention Services from Saint Paul Fire Stations as needed in the performance of the services described herein, including mutual aid services as deemed necessary by situation. 2. Hazardous Materials Response Services of the Saint Paul Hazardous Materials Response Team. B. Equipment. The Fire Department will provide all personnel and equipment that they have available in Saint Paul that may be required to perform the above services. The Fire Chief, or, in case of his absence or disability, the person in active charge of the Fire Department, may in his discretion retain in Saint Paul such equipment and personnel as may in his opinion be necessary for the proper and adequate protection of Saint Paul, and will dispatch for the protection of Lauderdale only such personnel and equipment in response to the request for services by authorized persons as in his opinion can for the time being be safely spared from Saint Paul. In case an emergency arises within Saint Paul while the equipment and personnel of the Fire Department are engaged in fighting a fire for Lauderdale, the Fire Chief or other person in active charge of the department may in his discretion recall to Saint Paul from the service of Lauderdale such equipment and personnel as he may in his opinion consider necessary to meet said emergency. The determination of the Chief or the active head of the department as to what equipment shall be furnished or withdrawn, as provided herein, will be final and conclusive. Notwithstanding the above, in the exercise of discretion regarding the personnel and equipment available for services in Lauderdale, the Fire Chief or designee will use best efforts to ensure that the level of service provided in Lauderdale is comparable to that provided by the Fire Department in Saint Paul. 2 LA135-3-642839.v4 C. Reports. The Fire Department will provide Lauderdale a quarterly report of 911 Responses to Lauderdale. The report will include numbers and purpose of calls, building/property involved, and result of call/response. If Lauderdale desires specific patient care reports for risk management or insurance purposes, Lauderdale may request that the patient obtain the report from Saint Paul. Lauderdale will not receive patient care reports directly from the Fire Department. D. Chain of Command. The chain of command for purposes of making emergency decisions in incidents relating to fire and hazardous materials services provided by Saint Paul pursuant to this Agreement will be as follows when Saint Paul staff are in Lauderdale providing such services: 1. The Fire Department will implement the Incidental Command System (ICS) as per department procedures. 2. The Fire Department will respond with an Incident Commander who holds the title of either District Chief, Deputy Chief or Assistant Chief of Operations. 3. Lauderdale will provide a city representative for large scale events to communicate with the Fire Department. SECTION 3. Obligations of Lauderdale. 1. Lauderdale will provide any additional City services necessary for response to an Emergency outside of the fire services provided by Saint Paul, including but not limited to: a. Any required Public Works services; b. Any required Police services; c. Any required Code Enforcement/Safety and Inspections services; and d. General emergency management needs. Lauderdale will coordinate any required water services with St. Paul Regional Water Services. A. Information. Lauderdale will provide the following information upon written request by Saint Paul or, in the case of an Emergency, as promptly as reasonably possible after any request: 3 LA135-3-642839.v4 B. Request For Services. A call for an Emergency in Lauderdale shall be received by the Ramsey Count Public Safety Answering Point (PSAP) at the Ramsey County Emergency Communication Center (RCECC) and will be routed to the Fire Department. The Fire Department shall coordinate with RCECC to provide the Fire Department the following information, as available, at the time of the request to Saint Paul for services. 1. A description of the incident, including what happened, the time, the type of materials involved, if any, the geographic area, and any other detail which may be helpful; and 2. A description of the most favorable response route to minimize the response time. C. Incident Risk Management At the request of the Incident Commander, Lauderdale may provide, at its option and at its own expense, one or more of the following: 1. Crowd Control; 2. Evacuation of the site and surrounding area, as necessary; 3. Site Security (during and post -incident); 4. Heavy equipment; 5. Diking material (as required by scope of incident); and 6. Hazardous Materials recovery by private contractor, if necessary. SECTION 4. Term. A. Term. This Agreement shall commence on , 2020 and shall remain in full force for a period of one year from that date, expiring on , 2021, unless terminated earlier pursuant to the terms of this Agreement. B. Renewal. After expiration of the initial one year term, this Agreement shall automatically renew for successive periods of one year unless either party provides written notice to the other as provided in Section 11 of this Agreement 4 LA 135-3-642839.v4 SECTION 5. Contacts/Authorized Agents for Services Provided. Lauderdale's contact person/liaison officer and authorized agent for Emergency services to be provided pursuant to this Agreement is its City Administrator. Saint Paul's contact person/liaison officer and authorized agent for Emergency services to be provided pursuant to this Agreement is: SECTION 6. Compensation and Billing. A. Compensation. 1. Lauderdale agrees to compensate Saint Paul at a rate of $75,000.00 for fire and hazardous materials response team services performed under this Agreement for the first year. The amount of compensation paid by Lauderdale each subsequent year will increase by 2.25%. 2. Saint Paul may request additional administrative cost compensation based on an itemized invoice for actual costs incurred when extraordinary circumstances result from a specific Lauderdale authorized hazardous emergency response and such costs are authorized by Lauderdale in writing in advance. 3. Saint Paul will be responsible for and pay, when due, all taxes and other withholdings due on compensation paid to employees of Saint Paul. 4. Saint Paul will accept no income, payment, or compensation of any kind from any third party in connection with or related in any way to the provision of the services to Lauderdale under this Agreement. B. Billing. Saint Paul agrees to invoice Lauderdale for regular services provided under this Agreement within 30 days of the end of each calendar quarter beginning with the quarter ending 2020. Saint Paul also agrees to invoice Lauderdale by January 31 of each year for all labor and/or other miscellaneous expenses incurred during the previous calendar year due to extraordinary circumstances as previously approved by Lauderdale. Upon review and verification, Lauderdale will pay Saint Paul the required amount within 35 days of receipt of each invoice. SECTION 7. Independent Contractor. In providing services to Lauderdale under this Agreement, Saint Paul will be acting as an independent contractor, and nothing will be deemed to create a relationship of employer-employee, 5 LAI 35-3-642839.v4 common law employee, principal -agent, partner, or joint venture between Saint Paul and Lauderdale. Neither party has any authority to bind the other to any contract or agreement without the other's written permission. Saint Paul will be responsible for all of its own federal, state, and local taxes, withholding, social security, insurance, and other employee benefits. SECTION 8. Liability. Lauderdale agrees to release Saint Paul, its officers, agents and employees, from all claims for damages or loss resulting from failure to furnish or delay in furnishing personnel or equipment, or from failure to prevent, control or extinguish any conflagration resulting from the reasonable exercise of discretion by Saint Paul. Each party agrees to indemnify and hold harmless the other party, its officers, agents and employees, from all claims for injury, loss or damage to persons or property occurring in connection with performance of the services hereunder and arising out of and caused by the negligent act or omissions of that party's officers, agents or employees. Lauderdale will reimburse Saint Paul for all loss and damage to equipment while being used in Lauderdale in connection with the furnishing of services under this Agreement, ordinary wear and tear excepted. SECTION 9. Insurance. Both Lauderdale and Saint Paul are municipal subdivisions under the statutes of the State of Minnesota and represent and warrant that they are authorized as self-insured or have in place insurance policies for purposes of all property damage and general liability claims. Both Lauderdale and Saint Paul also represent that they have in full force and effect applicable health insurance, including worker's compensation or disability insurance for themselves and their employees performing work under this Agreement. Liability limitations and exceptions apply to both cities pursuant to Minn. Stat., Chapter 466 and laws related thereto and no party shall recover damages against Lauderdale and Saint Paul any amounts greater than the limits on liability for any one party as provided in Minn. Stat., Chapter 466. The cities shall both provide a copy of their certificate or letter evidencing self-insurance as described herein. SECTION 10. Saint Paul's Warranties and Covenants. Saint Paul hereby represents, warrants, and covenants as follows: 1. Saint Paul is financially solvent; able to pay its debts and is possessed of sufficient working capital to provide the services/equipment in accordance with the Agreement. 2. Saint Paul warrants that it has complied with all applicable registration and licensing requirements to enable Saint Paul to act as an independent contractor under the terms of this Agreement. 6 LA 135-3-642839.v4 3. Saint Paul has the experience and skills necessary to perform and provide the services and equipment required pursuant to this Agreement. All services provided by Saint Paul will be performed: a. In a professional manner, with a high grade, nature, and quality commensurate with that which is customary in the industry; b. In compliance with all applicable federal, state, and local laws, rules, regulations and ordinances, including, without limitation, the laws, rules and regulations of the federal Occupational Safety and Health Act (OSHA). SECTION 11. Termination of Agreement. This Agreement may be terminated by mutual consent of the parties at any time. This Agreement may be terminated by either party for material breach upon 30 days' written notice to the other party and that party's failure to cure the default within said period of time. This Agreement is subject to termination without cause by either party upon ninety (90) days' written notice. Upon termination, Saint Paul will invoice Lauderdale for the pro -rated portion of the total work already completed of the total up to the time of termination. SECTION 12. Data Practices. Saint Paul and Lauderdale agree to abide strictly by Minn. Stat., Chapter 13, the Minnesota Government Data Practices Act. All of the data created, collected, received, stored, used, maintained, or disseminated by Saint Paul in performing functions under this Agreement is subject to the requirements of the Minnesota Government Data Practices Act and any service provider must comply with those requirements as if it were a governmental entity. The remedies in the Minnesota Government Data Practices Act apply to Saint Paul and Lauderdale. If any provision of this Agreement is in conflict with the Minnesota Government Data Practices Act or other Minnesota state laws, state law shall control. SECTION 13. Legal Responsibilities to the Public. Saint Paul will, while in Lauderdale or performing any of the services hereunder, comply with all applicable local, state and federal safety laws and regulations including, without limitation, laws and regulations under the federal Occupational Safety and Health Act. SECTION 14. Access to Financial Records. Lauderdale may request statements of account regarding income or expenses generated pursuant to this Agreement. Saint Paul agrees to provide such statements of account within a reasonable period of time, not to exceed 45 days, after receipt of the request from Lauderdale. 7 LAI35-3-642839.v4 SECTION 15. Assignment or Transfer of Duties. Saint Paul and Lauderdale acknowledge that the services to be rendered under this Agreement are unique and personal. Neither party may assign, transfer or delegate its rights, duties or obligations under this Agreement without the prior written consent of the other party. SECTION 16. Amendments. All alterations, amendments, deletions or waivers of the terms of this Agreement shall be valid and enforceable only when they have been agreed upon by both parties and executed by both parties in writing. SECTION 17. Entire Agreement. It is understood and agreed that this Agreement constitute the entire agreement by the parties concerning the subject matter hereof and supersedes all oral agreements and negotiations between the parties relating to the subject matters herein. SECTION 18. Interpretation of Agreement, Venue. This Agreement shall be interpreted and construed according to the laws of the State of Minnesota. All litigation regarding this agreement shall be venued in the District Court of the County of Ramsey, Second Judicial District, State of Minnesota. SECTION 19. Waiver. The waiver by either of the Cities of any breach under the terms of this Agreement or the failure by a City to enforce the rights or remedies arising under the terms of this Agreement shall not constitute a waiver of a City's rights and/or remedies with respect to any subsequent breach or default of the terms of this Agreement. The rights and remedies of the Cities provided or referred under the terms of this Agreement are cumulative and not mutually exclusive. SECTION 20. Notices. Unless otherwise specified in this Agreement, all notices or other written communications required under this Agreement shall be delivered in person, recognized private delivery service or deposited in United States Certified Mail, Return Receipt Requested. Any notices or other communications shall be addressed as follows: 8 LA 135-3-642839.v4 To Saint Paul: Saint Paul Fire Department 645 Randolph Avenue Saint Paul, MN 55102 Attn: To Lauderdale: 1891 Walnut Street Lauderdale, Minnesota 55113 Attn: City Administrator SECTION 21. Severability. The provisions of this Agreement are severable. If any part of this Agreement is rendered void, invalid or otherwise unenforceable by a court of competent jurisdiction, such rendering shall not affect the validity and enforceability of the remainder of this Agreement. IN WITNESS WHEREOF, the respective parties have executed this Agreement, intending to be bound hereby effective the date and year indicated above. Lauderdale Mary Gaasch, Mayor Heather Butkowski, City Administrator -Clerk 9 LA135-3-642839.v4 Saint Paul Mayor or Designee Director of Financial Services Fire Chief Approved as to Form Assistant City Attorney 10 LA 135-3-642839.v4