Loading...
HomeMy WebLinkAboutCC PACKET 08132013Call to Order. Pledge of Allegiance . Roll Call. CITY OF ST. ANTHONY VILLAGE CITY COUNCIL MEETING AGENDA August 13, 2013 7:00 p.m. ConsidcrMiolJ. Discllssion. aIJd Possible Action on All of the following items: I. Approval of the August 13, 2013, City Council Meeting Agenda. (a ction requested.) II. Proclamations and Recog nitions . (Nolie.) III. Consent Age nda. I-I .R.A. mect in g immediate ly fol low in g City Cou ncil mcct in g Thm ilems nre cO ll sidered ro uline and Ivil/ be el/acted by o1le 1II01ioll. TIm}! will be 110 sepa rate discJ(Jsio1l oj Ihese ilems ,,"/ess n COlmcilmember or cilizen so requests, ill Ivhich Ihe ilelll Ivill be remover! [rollJ the COllsellt Agenda and placed elsewhere ollihe agenda. A. A pproval of July 23, 2013, Co un cil Meeting Mi nutes. (P l" 1-6) B. Lice n ses and P ermits. (Pl" 7-8) C. Claims. (P l" 9-12) D. Reso lu tion13 -060; a Reso lution Ap proving a Lease Agreeme n t with Henn epin County for E lection Equip me nt. (P l" 13-24) IV. Public H e a r ing. (Nolie.) V . R e ports from Commission and Staff. (Nolie.) VI. Gene ra l Bus iness of Council. A . O p era ti o nal Researc h Assis tan ce (OPERA) P rogra m R eca p . J anell e Borge n , WSB & Associates is prese nting. (Pl" 25-42) B. St. A ntho ny Liqu o r O p era tio n s Mid -Ye ar Rep o rt. Mike Larso n , Liqu o r O p eration s Ma nage r is prese ntin g. (P l" 43-52) C. Resolutio n 13-0 61 ; a Reso lu ti o n A pproving a Shared Services Agreeme n t with th e City of Birchwood V ill age for City Clerk and T re as urer Services. Ma rk Cas ey, City Ma n age r is pres enting . (P l" 53-64) VII. Reports from City Manager and Council members . VIII. Community Forum. lnditidlla/s m'!J adtlrm lhe Ot! Ullncil aboJlI tI'!J ilem nol int/Jlded on Ibe nglllnr allntln. SpeaklrS an nqllesud 10 come to the jXJdillm, sigll their 1II11l,e and address Oil tbe form allhe jXJdillm, stale lheir nam and addrw for lhe Clerk's mom, and limit t/Jeir nmark/ to five millilles. Generalfy, the Cit! u Ji ncil wiU not lake official acli()!l 011 ite",s disclISJtd alIbis li",e, bJit m'!J tJPitalfy refer the mailer to slqfffor a fJlIJIn nport or direct the mailer to be J(hedJlled Oil all Jlpcoming agenda. IX. Information and Announcements. X. Adjournment. Ollr Missioll is to be a progressive alld livable comnlllllihj, a walkable village, wltic!, is sustainable, safe alld secure. I 2 3 4 CITY OF ST. ANTHONY CITY COUNCIL REGULAR MEETING MINUTES JULY 23, 2013 5 CALL TO ORDER. 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 Mayor Faust called the meeting to order at 7:00 p.m. PLEDGE OF ALLEGIANCE. Mayor Faust invited the Council and audience to join him in the Pledge of Allegiance. ROLLCALL. Present: Mayor Faust; Councilmembers Gray, Jenson, Roth and Stille. None. Absent: Also Present: City Manager Mark Casey, Police Chief John Ohl, Sergeant Jon Mangseth, and City Engineer Todd Hubmer. Guest: Julianne Hunter (Villagefest Chair). CONSIDERATION, DISCUSSION, AND POSSIBLE ACTION ON ALL OF TIm I?OLLOWING ITEMS. I. APPROVAL OF .JULY 23, 2013, CITY COUNCIL MEETING AGI':NDA. Mayor Faust noted the addition of agenda item V.A. (Presentation on Villagefcst by Julianne Hunter, Chair of Villagefest). Motion by Councilmember Gray, seconded by Councilmember Jenson, to approve the City Council Meeting Agenda ofJuly 23, 2013, as amended. Motion calTicd nnanimously. II. I'ROCLAMATIONS AND RECOGNITIONS. A. Proclamation for Night to Unite on August 6, 2013. Councilmember Stille recited the Proclamation for Night to Unite on August 6, 2013. III. CONSENT AGENDA. A. Consider July 9, 2013, Council meeting minutes; B. Consider licenses and permits; C. Consider payment of claims; D. Resolution 13-054; a Resolution Accepting a Donation to the St. Anthony Village Fire Department from Nancy Olson and Ema Mae Leonard in the amount of$2,000; and E. Resolution 13-055; a Resolution Accepting a Contribution to the City from the League of Minnesota Cities for the City of Excellence Award in the amount of$I,OOO. 1 2 City Council Regular Meeting Minutes July 23, 2013 2 3 4 Page 2 5 IV. 6 7 V. 8 9 10 II 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 VI. 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 Motion by Councilmember Jenson, seconded by Councilmember Gray, to approve the Consent Agenda items. Motion carried unanimously. PUBLIC HEARING -NONE. REPORTS FROM COMMISSION AND STAFF. A. Presentation on Villagefest. Julianne Hunter, Villagefest Chair, presenting. Ms. Hunter presented the schedule for Villagefest to be held August 2-4, 2013, and stated some of the highlights include a parade at 7:00 p.m. on Friday following by a street dance in the St. Anthony Shopping Center as well as a variety of events beginning at 11 :00 a.m. on Saturday at Central Park ending with fireworks at 9:45 p.m. She stated a dodge ball event has been tentatively scheduled on Saturday and asked anyone interested in helping to run this event to contact her. She stated the Kiwanis pancake breakfast will be held on Sunday at 8 :00 a.m.; in addition, the St. Anthony Community Theater is performing Singin' in the Rain this weekend and the weekend of Villagefest. She expressed thanks for the generous support from Stinson Electric, St. Anthony Mobil, Cub Foods, Tracy Printing, Fitness Crossroad, Annona Gourmet, the St. Anthony Lions, and St. Anthony Kiwanis. She also expressed thanks to the City for use of City land, to the Police Department, Fire Department, and Police Reserves lor all their help, and to the Public Works staff for all their work on this event. She stated that Villagefest accepts cash donations as well as items lor the silent auction that can be dropped off at City Hall or Annona Gourmet. She added further information is available at www.stanthonyvillagefest.org. Mayor Faust expressed the City Council's thanks to Ms. Hunter for all her work on Villagefest. GENEHAL BUSINESS OF COUNCIL. A. Presentation on Night to Unite. Sergeant Jon Mangseth, St. Anthony Police Department, presenting, Police Chief Ohl introduced Sergeant Mangseth. Sergeant Mangseth stated the Crime Prevention Unit subscribes to a four-pronged approach toward policing that includes arresting offenders, preventing crime, solving problems, and increasing the overall quality of life in the City. He indicated they encourage positive and meaningful contact with residents and frequently meet with the City's block club groups to talk about crime prevention. He stated the department takes pride in its ability to provide training to residents and has developed seminars on topics such as cyber bullying, internet safety, drug and alcohol awareness and education, sexual assault awareness and prevention, and seminars for local seniors regarding scams. He stated the department has been involved in the Minnesota Night to Unite program, formerly called National Night Out, for 29 years and 23 block parties have been scheduled for Night to Unite. He advised the department also runs the Citizens Academy, a nine-week course open to residents age 21 or older that provides an inside look at the day-to-day operations of the Police Department, and the department is in the early stages of developing a Citizens Academy aimed at teens. He stated the entire Police Department is I 2 3 4 5 6 7 8 9 10 II 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 City Council Regular Meeting Minutes July 23,2013 Page 3 committed to sending out the crime prevention message and the officers are constantly in the City's neighborhoods getting to know residents and business owners. Councilmember Jenson expressed thanks and appreciation to Sergeant Mangseth and the Police Department for all their work in initiating programs that improve the quality of life for everyone. B. Resolution 13-056; a Resolution Petitioning Rice Creek Watershed District for a Basic Waters Management Project to Address Storm Water Management and Flooding within the Cities of New Brighton and Saint Anthony, Minnesota. Todd I-Iubmer, City Engineer, presenting. City Engineer I-Iubmer presented the petition to Rice Creek Watershed District (RCWD) to prepare a basic waters management project to address storm water management and flooding issues in St. Anthony and New Brighton and explained that following the 2011 storm events, St. Anthony and New Brighton approached RCWD after preparing a feasibility report looking at drainage issues resulting ji'OITI the storm events and RCWD indicated it currently did not have available funding and that this would require a petition to authorize funding. He explained the City Council is being asked to authorize Phase 1 that includes scoping of the project, review of regulatory issues and potential solutions, and coming back to St. Anthony and New Brighton with a phased approach on implementing projects in the future. I-Ie noted the cities ofSt. Anthony and New Brighton expressed a strong desire for input and participation throughout the process. He stated the cities of St. Anthony and New Brighton also expressed concern about expenses and explained that the State rules governing the petition indicate if no improvements are made as part ofthe petition then a community is responsible for expenses incurred to date, however, staff feels this risk is minimal because even if one improvement is made as part of this process, those expenses do not revert to cities and staff believes this is the correct method for moving forward to address the Hooding issues. He explained that the Ramsey County ditch system is under capacity and does not have the capacity to carry water away it'om the communities to prevent Hood damage and RCWD is the appropriate authority to take charge on this matter. He indicated reports will be provided in the future and representatives fl'om RCWD may be asked to speak to the City Councils as the project moves forward, adding there will be a large public component to make sure residents are kept informed ofthe project. Councilmember Stille asked if the City could receive reimbursement for the backHow preventer. He also asked if RCWD has the funding capacity to handle this project. City Engineer Hubmer stated the City is not eligible to receive reimbursement for the backHow preventer because any expenses incurred prior to the petition arc not refundable to a community. He also stated RCWD has sufficient funding capacity for this project and the petition will allow RCWD to avail itself of a number of financing mechanisms and all financing decisions will be made through a public process. Council member Jenson asked if WSB & Associates is representing New Brighton. He also asked about the timeline for review of the petition by RCWD. City Engineer J-Iubmer replied that WSB completed the flood damage study for St. Anthony and New Brighton and that report is the basis for the petition. J-Ie noted if the system capacity is 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 4 City Council Regular Meeting Minutes July 23, 2013 Page 4 increased as a result of this project it will be important to understand the impact of these improvements in areas beyond the limits of the study and RCWD has the means to address these impacts. He advised that a schedule has not yet been put together and it is likely a stakeholder meeting will be scheduled after the petition is submitted to RCWD to discuss next steps. Council member Roth requested information about how water flow occurs once it leaves the City. City Engineer Hubmer explained that water leaving Silver Lake flows north and the issue that has caused the majority of problems is Ramsey County Ditch #2 causing water to back up in the City. He stated RCWD will look at the impact of the existing ditch system, as well as Hanson Park, Pike Lake and Long Lake to make sure the system functions properly and that any improvements do not create problems somewhere else. He further explained that one of the policy questions to be discussed by the City Council is what storm event the system should be designed for, i.e., the engineering standards revised the 100 year storm event from a 6" rainfall in 24 hours to a 7.5"-7.8" rainfall in 24 hours. Mayor Faust indicated that 13 WSR has adopted these new standards and it would appear that all agencies will be using these new standards in the future, including the watershed districts, and the City will likely adopt the new standards because it is in the best interests of the community. Motion by Councilmember Roth, seconded by Councilmember Jenson, to approve Resolution 13-056; a Resolution Petitioning Ricc Creek Watershed District for a Basic Waters Management Project to Address Storm Water Management and Flooding within the Cities of New Brighton and Saint Anthony, Minnesota. Motion can-ied unanimously. C. Resolution 13-057; a Resolution AR12roving the Contract Agreement for Police Services with thc City of Falcon Heights for the Year 2014 and Authorizes the Mayor and City Manager to Execute said Agreement. Mark Casey, City Manager, presenting. City Manager Casey presented the contracts for police services with Falcon Heights and Lauderdale for 2014 and advised these contracts represent a 2.5% increase hom 2013. He noted that Falcon Heights and Lauderdale have approved both contracts. Motion by Councilmember Stille, seconded by Councilmember Jenson, to approve Resolution 13-057; a Resolution Approving the Contract Agreement for Police Services with the City of Falcon Heights for the Year 2014 and Authorizes the Mayor and City Manager to Execute said Agreement. Motion can-ied unanimously. D. Resolution 13-058; a Resolution Approving the Contract Agreement for Police Services with the City of Lauderdale for the Year 2014 and Authorizes the Mayor and City Manager to Execute said Agreement. Mark Casey, City Manager, presenting. 1 2 3 4 5 6 7 8 9 10 City Council Regular Meeting Minutes July 23, 2013 Page 5 Motion by Councilmember Jenson, seconded by Councilmember Stille, to approve Resolution 13-058; a Resolution Approving the Contract Agreement for Police Services with the City of Lauderdale for the Year 2014 and Authorizes the Mayor and City Manager to Execute said Agreement. Motion carried unanimously. E. Resolution 13-059; a Resolution ExtendingJhe Terms of the Cable Television Franchise Ordinance and Agreement held by Comcast of Minnesota, Inc. 11 Council member Gray advised that the North Suburban Communications Commission is not 12 going to be able to complete its negotiations with Comcast so the Communications Commission 13 and Comcast agreed to extend the franchise agreement until November 22, 2014, and all ten 14 cities are being asked to approve this extension of their franchise agreements. 15 16 Motion by Councilmember Jenson, seconded by Councilmember Stille, to approve Resolution 17 13-059; a Resolution Extending the Terms of the Cable Television Franchise Ordinance and 18 Agreement held by Comcast of Minnesota, Inc. 19 Motion can-ied unanimously. 20 21 VII. REPORTS FROM CITY MANAGER AND COUNCIL MEMBERS. 22 23 City Manager Casey reported that he participated in a Chamber of Commerce business retention 24 and expansion visit last week at Autumn Woods including a tour of the new Legacy building. 25 He stated that 50 employees will be added as part of the Legacy building. 26 27 Councilmember Stille reported that the City Council and stalTattended a workshop yesterday 28 that included a bus tour of the City. He stated the tour provided an opportunity for the City 29 Council and staff to brainstorm about what they would like to see in the City, as well as to 30 discuss current and future street improvement projects, flooding issues, current and future 31 redevelopment in the City, zoning issues, and other areas in the City to be addressed. 32 33 Councilmember Gray -no report. 34 35 Councilmember Jenson -no report. 36 37 Councilmember Roth -no report. 38 39 Mayor Faust -no report. 40 41 VIII. COMMUNITY FORUM. 42 43 Mayor Faust invited residents to come forward at this time and address the Council on items that 44 are not on the regular agenda. 45 46 Mr. Morgan Southard approached the City Council and stated he is a subcontractor with 47 Innovative Power Systems and was hired to install solar panels at Mallard Ink. He explained that 5 I 2 3 4 5 6 7 8 9 10 II 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 6City Council Regular Meeting Minutes July 23, 2013 Page 6 after dropping off his building permit application he received a letter from City Planner Johnson that indicated the City's Zoning Ordinance does not allow installation of solar panels. He added that City Planner Johnson's letter also indicated that solar panels are on the City Council's list to review and consider implementation in the City Code. He stated he has never run into this and was wondering if the City Council would consider an exclusion or consider deferring to national zoning for solar panel installation so he can complete installation of the solar panels. Mayor Faust stated the City would not allow an exclusion in this case to allow installation of the solar panels. He further stated that this topic is one of the City Council's priorities and the City Council will be considering implementation of a consistent ordinance that covers the entire City. He added he was sorry that Mr. Southard was not aware of this restriction ahead of time. Mr. Gary Lee, 2800 Anthony Lane South, appeared before the City Council and stated he is the owner of Mallard Ink and has been in the City for 15 years. I-Ie stated the solar panels project is an important project and represented a large outlay of cash of approximately $95,000 for the solar panels and will require another outlay of approximately $100,000. He urged the City Council to find the time to look at this proposal and give it priority. Mayor Faust assured Mr. Lee that the City Council will address this issue but stated he did not want to mislead him into thinking it would happen right away. Mr. Ralph Jacobson, Innovative Power Systems, appeared before the City Council and stated he has done many solar installations in the metro area. He stated he appreciated the fact that the City Council is doing its due diligence related to solar and offered to provide some work that has been done recently by Minnesota Solar Challenge project. City Manager Casey stated the City is aware of the Minnesota Solar Challenge project and the City would avail itself of the resources available ii'om this project. Mayor Faust indicated the City is committed to sustainability and wants to make sure to have proper controls in place that provide consistency and quality throughout the City. IX. INFORMATION AND ANNOUNCEMENTS. Mayor Faust stated he received a call from Larry Juhl indicating there are openings for the Chamber of Commerce golf tournament on August 2, 2013, and encouraged anyone interested in playing in the tournament to contact Mr. Juh!. X. ADJOURNMENT. Mayor Faust adjourned the meeting at 8:03 p.m. Respectfully submitted, Barbara Hughes (TimeSaver OjJSite Secretarial, Inc.) ATTEST: Mayor City Clerk Saint Anthony Village DATE: August 13,2013 Approved: TO: FROM: ITEM: Mayor and Councihnembers License Clerk License and Permits for Approval: General Contractors License: Gosiak Tree Service, Little Falls, MN Holler Glass Block, Minneapolis, MN R & N Roofing Construction, Long Lake, MN Twin Pine's Tree & Landscaping, Pierz, MN Heating & Air Conditioning License: Absolute Mechanical, Edina, MN Albertson Mechanical, Big Lake, MN Boehm Heating, St Paul, MN Heating & Cooling Two, Maple Grove, MN River City Sheet Metal, Fridley, MN Park's Special Event Permit: Applicant: Heidi Ann Kunes Location: Central Park Date: August 15, 2013 IZental License: Applicant: Merit Management Location: 3100 -3102 39'h Ave Applicant: D Lee Rensch Location: 3104 39'h Ave Applicant: Gary Mortenson Location: 3108 -3110 39'h Ave Applicant: Amy Shih Location: 3200 -3202 39'h Ave Applicant: Lang Nelson Associates Location: 2600 Kenzie Tel' Applicant: Walker Methodist Kenzie Location: 2626 Kenzie Tel' Applicant: Highcrest Manor Location: 3617-37'h Ave Applicant: Thanh Tam Nguyen Location: 2912 Old Highway 8 Applicant: Location: Applicant: Location: Applicant: Location: Applicant: Location: Applicant: Location: Applicant: Location: Applicant: Location: Applicant: Location: Dennis Krenz 2900 Rankin Rd Stephen Nguyen 2905 Silver Lake Rd AS] Hennepin County 3512 Silver Lake Rd Dan Hegstrand 3101 Stinson Blvd Jacqueline Thomas 2611 Townview Ave Greg Steiner 3016 Old Hwy 8 Paul Johnson 3300 -39'h Ave Dan Geer 3637-3639 Stinson Blvd 7 8 Till S PI\(; I lilT I NTT NTI ONAL1Y 131AN I( -_._----_._._--.-.--.. -..... ~ .... -.-.... -.---. 9 City of St Anthony Village CITY OF ST ANTHONY CHECK REGISTER Page: 1 Check Issue Dates: 7/25/2013 -8/14/2013 Aug 06, 2013 04:02PM --_. __ ._---_ ... _.----------.. ~-... ----- Vendor Number Payee Check Number Check Issue Date Amount --.. -.-~---.-----------_._ ... - 11211 PETTY CASH -U.S. BANK 20992 07/25/2013 149.25 10710 ICMA RETIREMENT TRUST 20993 08/02/2013 2,130.33 11792 INTERNATIONAL UNION LOCAL #49 20994 08/02/2013 393.00 11793 LAW ENFORCEMENT LABOR SERVICES 20995 08/02/2013 900.00 1000 LOCAL UNION IAFF #3486 20996 08/02/2013 315.00 10010 ABLE FENCE, INC. 20997 08/14/2013 295.00 10011 ABLE HOSE & RUBBER, INC. 20998 08/14/2013 20.38 10054 ALLIANCE MECHANICAL 20999 08/14/2013 5,783.00 10056 ALLIED MEDICAL PRODUCTS 21000 08/14/2013 63.99 1054 AMERICAN BOTTLING CO 21001 08/14/2013 329.92 10092 APACHE GROUP 21002 08/14/2013 1,064.28 10098 ARAMARK 21003 08/14/2013 160.00 1100 ARTISIAN BEER COMPANY 21004 08/14/2013 3,387.00 11874 BASTIEN, THELMA 21005 08/14/2013 38.02 10157 BEARENCE MANAGEMENT GROUP 21006 08/14/2013 8,500.00 10159 BEISSWENGER'S 21007 08/14/2013 37.98 1013 BELLBOY CORP. 21008 08/14/2013 31,075.18 10162 BEN SAEFKE PHOTOGRAPHY 21009 08/14/2013 50.00 1035 BERNICK'S WINE 21010 08/14/2013 1,600.25 10172 BIFFS, INC. 21011 08/14/2013 204.00 10187 BOYER TRUCKS, INC. 21012 08/14/2013 17.38 10188 BRAKE & EQUIPMENT WAREHOUSE 21013 08/14/2013 35.25 10197 BRIAN NELSON INSPECTION SVCS 21014 08/14/2013 300.00 1017 CAPITOL BEVERAGE SALES 21015 08/14/2013 51,574.28 10293 CITY OF ROSEVILLE 21016 08/14/2013 7,927.07 10299 CITY OF ST. PAUL 21017 08/14/2013 213.66 10306 CITY WIDE WINDOW SERVICE INC 21018 08/14/2013 171.32 10308 CLAREY'S SAFETY EQUIPMENT 21019 08/14/2013 343.28 1010 CLEAR RIVER BEVERAGE COMPANY 21020 08/14/2013 90545 1021 COCA COLA REFRESHMENTS USA, INC. 21021 08/14/2013 676.36 10318 COLUMBIA HEIGHTS ACE HARDWARE 21022 08/14/2013 26.32 10332 COMPTON'S COMMERCIAL CLNG. INC 21023 08/14/2013 3,823.99 10338 CONNELLY ELECTRONICS 21024 08/14/2013 2,744.56 1042 CRYSTAL SPRINGS ICE 21025 08/14/2013 850.70 10438 D ROCK CENTER & SMALL ENG 21026 08/14/2013 34.37 10373 DAILEY DATA & ASSOCIATES 21027 08/14/2013 57.90 10417 DISCOUNT STEEL, INC. 21028 08/14/2013 3741 10426 DON HARSTAD CO., INC. 21029 08/14/2013 943.99 10432 DORSEY & WHITNEY 21030 08/14/2013 5,374.31 10461 EHLERS & ASSOCIATES, INC. 21031 08/14/2013 800.00 10468 ELECTRO WATCHMAN INC 21032 08/14/2013 18444 1045 EXTREME BEVERAGE 21033 08/14/2013 466.50 10508 FERGUSON WATERWORKS 21034 08/14/2013 62.50 10522 FIRST-SHRED 21035 08/14/2013 150.00 10544 FREEWAY TOWING 21036 08/14/2013 106.05 10550 G & K SERVICES INC 21037 08/14/2013 992.08 11866 GALLSIQUARTERMASTER 21038 08/14/2013 272.93 10578 GOPHER STATE ONE CALL 21039 08/14/2013 376.85 10585 GRAINGER 21040 08/14/2013 315.33 1032 GRAPE BEGINNINGS, INC. 21041 08114/2013 885.90 10607 HACH COMPANY 21042 08/14/2013 549.03 10612 HAMLINE AUTO BODY 21043 08/14/2013 1,06841 11875 HAUSER, TIFFANY 21044 08/14/2013 1106 10 ---_. .---------.. ".--.---... -~-.. -... -.. --... -... ~--. City of St Anthony Village CITY OF ST ANTHONY CHECK REGISTER Page: 2 Check Issue Dates: 7/25/2013 -8/14/2013 Aug 06, 2013 04:02PM '"-."--~-.,.----,.-.~--. Vendor Number Payee Check Number Check Issue Date Amount .. __ ._ .. _ ... _-----_ .. 10624 HAWKINS, INC 21045 08/14/2013 284.03 10636 HEDBACK, ARENDT & CARLSON PLLC 21046 08/14/2013 3,500.00 11876 HEIMAN 21047 08/14/2013 28,818.50 10647 HENNEPIN COUNTY ATIORNEY 21048 08/14/2013 526.18 10657 HENNEPIN COUNTY TREASURER 21049 08/14/2013 641.50 10661 HENNEPIN COUNTY TREASURER 21050 08/14/2013 1,672.38 1019 HOHENSTEIN'S, INC 21051 08/14/2013 8,108.65 10684 HOME DEPOT CREDIT SERVICES 21052 08/14/2013 319.09 1027 INDEED BREWING COMPANY 21053 08/14/2013 1,849.50 10726 INLAND REAL ESTATE CORPORATION 21054 08/14/2013 6,121.59 11754 INTEGRATED LOSS CONTROL, INC. 21055 08/14/2013 579.00 10774 JERSEY MIKE'S SUBS 21056 08/14/2013 72.52 1016 JJ TAYLOR DISTRIBUTING 21057 08/14/2013 74,675.07 1004 JOHNSON BROTHERS LIQUOR CO. 21058 08114/2013 77,321.29 10797 KONICA MINOLTA BUSINESS 21059 08/14/2013 34.32 10801 KUECHLE UNDERGROUND 21060 08/14/2013 299,789.46 10851 LILLIE SUBURBAN NEWSPAPER 21061 08/14/2013 175.25 10857 LMCIT % BERKLEY ADMINISTRATORS 21062 08/14/2013 54,656.59 1022 M. AMUNDSON LLP 21063 08114/2013 2,767.16 10874 MACQUEEN EQUIPMENT CO 21064 08/14/2013 2,787.27 10893 MARSHALL CONCRETE PROD 21065 08/14/2013 1,235.74 10916 ME NARDS LUMBER 21066 08/14/2013 61.17 10931 METROPOLITAN COUNCIL 21067 08/14/2013 49,037.54 10932 METROPOLITAN COUNCIL 21068 08/14/2013 14,463.90 10939 MIDWAY FORD 21069 08/14/2013 13.37 10940 MIDWEST ASPHALT CORPORATION 21070 08/14/2013 133.18 10989 MINNESOTA HIGHWAY SAFETY AND 21071 08/14/2013 469.00 11041 MINNESOTA PIE 21072 08/14/2013 160.00 11085 MURPHY'S SERVICE CENTER 21073 08/14/2013 15.00 11877 N E GARAGE DOOR & REPAIR 21074 08/14/2013 150.00 11131 NORTH SUBURBAN ACCESS CORPORATION. 21075 08/14/2013 945.72 11149 NORTHSTAR INSPECTION SERVICES 21076 08/14/2013 7,859.96 11878 OBRIEN, ANY 21077 08/14/2013 2.53 11163 OFFICE DEPOT 21078 08/14/2013 633.49 11185 PACE ANALYTICAL SERVICES, INC. 21079 08/14/2013 380.00 11186 PAETEC 21080 08/14/2013 251.69 1012 PAUSTIS & SONS 21081 08/14/2013 3,693.14 11211 PETIY CASH -U.S. BANK 21082 08/14/2013 11154 1001 PHILLIPS WINE & SPIRITS 21083 08/14/2013 14,634.34 2000 PINNACLE DISTRIBUTING 21084 08/14/2013 174.00 11215 PIONEER RIM AND WHEEL CO. 21085 08/14/2013 6.59 11243 POWERPLAN 21086 08/14/2013 78.04 11246 PRAXAIR' 21087 08/14/2013 34.36 11302 RAMSEY COUNTY 21088 08/14/2013 200.00 11303 RAMSEY COUNTY ATIORNEY'S OFC 21089 08/14/2013 134.68 11879 REBARFAB INC 21090 08/14/2013 120.77 11353 ROYAL TIRE INC 21091 08/14/2013 642.70 1024 SOUTHERN WINE & SPIRITS OF MN 21092 08/14/2013 16,083.84 11457 ST ANTHONY VILLAGE CENTER, LLC 21093 08/14/2013 1,826.45 11502 STREICHER'S 1 21094 08/14/2013 7,244.72 11536 TASC 21095 08/14/2013 25.00 11552 TESSMAN SEED INC. 21096 08/14/2013 494.10 11566 TIMESAVER OFF SITE SECRETARIAL 21097 08/14/2013 258.00 City of St Anthony Village CITY OF ST ANTHONY CHECK REGISTER Check Issue Dates: 7/25/2013 -8/14/2013 Vendor Number Payee 11568 TITAN MACHINERY 11591 TRANSPORTATION SUPPLIES INC. 11612 TWIN CITY JANITOR SUPPLY 11637 UNITED ELECTRIC COMPANY 11644 UNITED STATES POSTAL SERVICE 11674 VERIZON WIRELESS 11678 VESSCO INC 11681 VIKING ELECTRIC SUPPLY 1025 VINOCOPIA 11694 WD. LARSON COMPANIES LTD, INC 11704 WASTE MANAGEMENT OF WI-MN 1034 WINE COMPANYITHE 1023 WINE MERCHANTS INC 1011 WIRTZ BEVERAGE -(GRIGGS) 1009 WIRTZ BEVERAGE MINNESOTA 11731 WITMER PUBLIC SAFETY GRP, INC. 11738 WSB & ASSOCIATES, INC. 11740 XCEL ENERGY Grand Totals: Check Number --_._-- 21098 21099 21100 21101 21102 21103 21104 21105 21106 21107 21108 21109 21110 21111 21112 21113 21114 21115 Page: 3 Aug 06, 2013 04:02PM Check Issue Date Amount -_ .... _--- 08/14/2013 1,362.44 08/14/2013 34.86 08/14/2013 119.89 08/14/2013 99.88 08/14/2013 700.00 08/14/2013 1,391.55 08/14/2013 1,672.59 08/14/2013 3.40 08/14/2013 3,408.45 08/14/2013 39.97 08/14/2013 586.98 08/14/2013 10,399.25 08/14/2013 6,536.95 08/14/2013 25,321.62 08/14/2013 38,122.29 08/14/2013 118.95 08/14/2013 43,804.75 08/14/2013 13,895.64 972,688.63 ==-----== 12 THIS PAC! LilT INITNTIONALJY I3LANI( ~nJ&thonv '-'Q'~CI Report Date: Meeting Date: R6020.6STFDR CD0.NC!L CDNSID6RATlDN August 13, 2013 August 13, 2013 Resolution 13-060; a Resolution Approving a Lease Agreement with Hennepin County for Election Equipment. REVIEW: Hennepin County recently purchased new digital scan election equipment for all cities within Hennepin County. Resolution 13-060 is to approve the lease agreement with Hennepin County for the use of the election equipment. - I - 13 14 TH IS PAG E: LE:FT I NHNTIONALL Y 13LAN I< CITY OF SAINT ANTHONY VILLAGE ST ATE OF MINNESOTA RESOLUTION 13-060 A RESOLUTION APPROVING A LEASE AGREEMENT WITH HENNEPIN COUNTY FOR ELECTION EQUIPMENT WHEREAS, Hennepin County purchased election equipment with a digital scan voting system; and WHEREAS, the County desires to lease the new Election Equipment, which includes three (3) D5200 Digital 5can Precinct Count Units (including six (6) 4 GB Jump Drives) and three (3) D5200 Plastic Ballot Boxes; and WHEREAS, in addition to the digital scan voting system, 5t. Anthony will lease three (30 AutoMARK Voter Assist Terminals, six (6) flashcards and three (3)E5 & 5 AutoMARK tables; and WHEREAS, the above mentioned equipment will be used for all City Elections. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of 5t. Anthony Village approves the lease agreement with Hennepin County for Election Equipment. Adopted this 13th day of August, 2013. Jerome O. Faust, Mayor A TTEST:_ ........ __ ... _______ . Barbara J. 5uciu, City Clerk Reviewed for administration: Mark Casey, City Manager 15 16 THIS I)AGE: LE:FT INHNTIONALLY BLANI( Agreement No. A-131266 HENNEPIN COUNTY/CITY OF St Anthony LEASE AGREEMENT THIS AGREEMENT, made by and between the COUNTY OF HENNEPIN and the CITY OF St Anthony, both political subdivisions of the State of Minnesota, hereinafter referred to as the "County" and the "City" respectively. For purposes of this Agreement, the address of the County is A2300 Government Center, Minneapolis, Minnesota 55487 and the address of the City is 3301 Silver Lake Road, St Anthony, MN 55418. WITNESSETH WHEREAS, the Hennepin County Board of Commissioners in Resolution Number 13-0134 authorized the purchase of election equipment for a countywide digital scan voting system, election hardware and services; and WHEREAS, the Hennepin County Board of Commissioners in Resolution Number 05-564 authorized the purchase of Assisted Voting Technology equipment for a countywide optical scan voting system, election hardware and services through the State of Minnesota Cooperative Purchasing Agreement; and WHEREAS, the County and the City of St Anthony are parties to a prior agreement numbered A-052273 relating to the lease of election equipment and the County and City desire to terminate that lease agreement and replace it with this agreement. WHEREAS, the County desires to lease Election Equipment and AVT Equipment (as defined herein) to the City of St Anthony for use in all city elections. NOW THEREFORE, in consideration of the mutual undertakings and agreements hereinafter set forth, the County and the City agree as follows: Section 1 SCOPE OF AGREEMENT 1.1 The County hereby leases to the City at the cost identified below and subject to the terms and conditions of this Agreement, and the City hereby agrees to lease from the County election equipment identified as: three (3) DS200 Digital Scan Precinct Count Units (including six (6) 4 GB Jump Drives), and three (3) DS200 Plastic Ballot Boxes (the "Election Equipment") for polling places contained within the City. Page 1 of 8 17 18 1.2 The County hereby leases to the City subject to the terms and conditions of this Agreement, and the City hereby agrees to lease from the County AVT Equipment identified as: three (3) AutoMARK Voter Assist Terminals, six (6) flashcards and three (3) ES&S AutoMARK Tables with adjustable legs for polling places ("AVT Equipment") contained within the City. 1.3 Subject to the terms and conditions of this Agreement, the parties may agree by written addendum executed by all the parties to increase or decrease the County Election Equipment and AVT Equipment included within the scope of this agreement. Hennepin County hereby delegates authority to execute such an addendum to the County Auditor. The City hereby delegates authority to execute such an addendum to the authorized City officer, or the City Council, as appropriate. 1.4 Upon the express written permission of County's Election Manager, or her/his designee, the City may lease Election Equipment and/or AVT Equipment to a school district. Said lease shall be made pursuant to a written agreement, between the City and the school district, which includes substantially the same terms as those contained herein. Section 2 OWNERSHIP 2.1 The City acknowledges that the County owns the Election Equipment and AVT Equipment and that the City is authorized to use said Election Equipment and A VT Equipment for official election related purposes. Use of the Election Equipment and AVT Equipment for any other purpose is strictly prohibited absent express written consent of the County. 2.2 The City acknowledges and agrees that the Election Equipment and A VT Equipment may contain proprietary and trade secret information that is owned by a third party and is protected under state and federal copyright law or other laws, rules, regulations and decisions. The City shall protect and maintain the proprietary and trade secret status of the Election Equipment and AVT Equipment. Section 3 HANDLING OF EQUIPMENT AND INDEMNIFICATION 3.1 The City shall be responsible for the Election Equipment and A VT Equipment while it is in the City's custody, possession or control. The City, either through insurance or a self-insurance program, shall be responsible for all costs, fees, damages and expenses including but not limited to personal injury, storage, damage, repair and/or replacement of the Election Equipment and AVT Page 2 of8 Equipment while it's in the City's custody and this Agreement is in effect, consistent with the City's defense and indemnity obligations contained in Section 7.6 herein. 3.2 The City shall be responsible for the transporting of the Election Equipment and AVT Equipment from and to the County. The City shall be responsible for all costs, including but not limited to shipping, related to the repair or replacement of lost, stolen, destroyed or damaged Election Equipment and AVT Equipment as well as the maintenance and repair costs described in Sections 5.1 and 5.2. Section 4 TERM, TERMINATION 4.1 This Agreement commences September 1,2013 and expires August 31,2014. Thereafter, this Agreement shall automatically renew for additional one year periods unless either party notifies the other party, on or before June 1 st of that year, of its intention not to renew. Termination of this Agreement by the City shall not relieve the City of any duties or obligations hereunder including but not limited to the obligation to pay amounts due and payable. Upon expiration or any termination of this Agreement, the City shall return the Election Equipment and/or AVT Equipment within a reasonable time and in good operating condition except for routine wear and tear. Section 5 MAINTENANCE 5.1 Maintenance Agreement (05200) The County has entered into an agreement with a third-party ("Maintenance Vendor") for maintenance and repair of the Election Equipment as more fully described in Addendum A ("Maintenance Services). The City will obtain Maintenance Services for the Election Equipment directly from the Maintenance Vendor including but not limited to scheduling and supervising the Maintenance Vendor. City shall pay County the per unit amount that County pays to the Maintenance Vendor plus any additional costs incurred by County as the same are directly related to maintenance and repair of the Election Equipment leased by the City which may include the cost of replacement parts. 5.2 Maintenance Agreement (AVT Equipment). The County has entered into an agreement with a third-party ("AVT Maintenance Vendor") for maintenance and repair of the A VT Election Equipment ("A VT Maintenance Services). The City will obtain AVT Maintenance Services for the AVT Election Equipment directly from the AVT Maintenance Vendor including but not limited to scheduling and supervising the AVT Maintenance Vendor. City shall pay County the per unit amount that County pays to the AVT Maintenance Vendor plus any additional Page 3 of8 19 20 costs incurred by County as the same are directly related to maintenance and repair of the A VT Election Equipment leased by the City which may include the cost of replacement parts. 5.3 The City agrees not to make any repairs, changes, modifications or alterations to the Election Equipment or AVT Equipment that are not authorized by Hennepin County and said vendors. 5.4 After reasonable notice, the County shall have the right to enter into and upon the premises where the Election Equipment and AVT Equipment is located for the purposes of inspecting the same or observing its use. On an annual basis, during the term of this Agreement, the City shall comply with the County's request for verification of Election Equipment and AVT Equipment inventory. 5.5 The City agrees to provide notice to Maintenance Vendor and/or AVT Maintenance Vendor of any defects or malfunctions with the Election Equipment and/or AVT Equipment within twenty-four (24) hours. The City also agrees to provide the County with notice of such malfunctions or defects and the Maintenance Vendor and/or A VT Maintenance Vendor response within a reasonable time. Section 6 PROGRAMMING AND ACCUMULATION 6.1 Programming. The County will be responsible for programming the DS200 Digital Scan Election Equipment at no charge to jurisdictions for all races in all elections. 6.2 Programming Costs. The City is responsible for paying to the County the programming costs of the AVT Equipment described in paragraph 1.2 at an amount prorated upon the number of columns devoted to the City's races on the ballot. 6.3 Results Transmission and Accumulation. The County has invested a significant amount of resources in equipment that allows the DS200 Digital Scan tabulators to electronically transmit election results via wireless technology from each polling place to a central location and for those results to be accumulated and posted on the County's website. There is also a significant operational cost associated with each use of this transmission and accumulation process. 6.4 For Cities with a primary and/or a general election, as described in Minn. Stat. §§ 205.065 and 205.07, in the even-numbered years, the County will provide results transmission and accumUlation of results of City races in the primary and general election at no cost to the City. 6.5 For Cities with a primary and/or a general election, as described in Minn. Stat. §§ 205.065 and 205.07, in the odd-numbered years, upon written request by the Page 4 of8 city, the County will perform the electronic transmission and accumulation of results of City races in the primary and general election, at a cost of $1 00 per polling place for the primary, and $100 per polling place for the general election. The County will not perform the electronic transmission and accumulation of votes cast in any other City elections, unless by mutual agreement with the City. The County may, in its sole discretion, elect to waive this fee. Section 7 OTHER TERMS AND CONDITIONS 7.1 No Waiver. No delay or omission by either party hereto to exercise any right or power occurring upon any noncompliance or default by the other party with respect to any of the terms of this Agreement shall impair any such right or power or be construed to be a waiver thereof unless the same is consented to in writing. A waiver by either of the parties hereto of any of the covenants, conditions, or agreements to be observed by the other shall not be construed to be a waiver of any succeeding breach thereof or of any covenant, condition, or agreement herein contained. All remedies provided for in this Agreement shall be cumulative and in addition to, and not in lieu of, any other remedies available to either party at law, in equity, or otherwise. 7.2 Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Minnesota. 7.3 Entire Agreement. It is understood and agreed that the entire Agreement between the parties is contained herein and that this Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof. Pursuant to the foregoing, the parties acknowledge and agree that Agreement A-052273 between the parties is hereby teminated and replaced with this Agreement. All items referred to in this Agreement are incorporated or attached and are deemed to be part of this Agreement. Any alterations, variations, modifications, or waivers of provisions of this Agreement shall only be valid when they have been reduced to writing as an amendment to this Agreement signed by the parties hereto. 7.4 No Assignment. Neither party shall assign, sublet or transfer this Agreement, either in whole or in part, without the prior written consent of the other party, and any attempt to do so shall be void and of no force and effect. 7.5 Limited Warranty. County warrants that it owns title to the Election Equipment and AVT Equipment, or to the extent it does not own title, that it has all rights necessary to grant the licenses herein. Page 5 of8 21 22 7.6 No Warranty. COUNTY IS PROVIDING THE ELECTION EQUIPMENT AND A VT EQUIPMENT ON AN AS-IS BASIS WITH NO SUPPORT WHATSOEVER. THERE IS NO WARRANTY OF MERCHANTABILITY, NO WARRANTY OF FITNESS FOR PARTICULAR USE, NO WARRANTY OF NON- INFRINGEMENT, NO WARRANTY REGARDING THE USE OF THE INFORMATION OR THE RESULTS THEREOF AND NO OTHER WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. Pursuant to the foregoing, the City agrees that the County is furnishing the Election and AVT Equipment on an "as is" basis, without representation or any express or implied warranties, other than those provided by the Maintenance Vendor and/or AVT Maintenance Vendor, including but not limited to, fitness for particular purpose, merchantability or the accuracy and completeness of the Election Equipment or AVT Equipment. The County does not warrant that the Election Equipment and/or A VT Equipment will be error free. The County disclaims any other warranties, express or implied, respecting this agreement or the Election or AVT Equipment. The City's exclusive remedy and the County's sole liability for any substantial defect which impairs the use of the Election Equipment and/or A VT Equipment for the purposes stated herein shall be the right to terminate this Agreement. 7.7 IN NO EVENT SHALL THE COUNTY BE LIABLE FOR ACTUAL, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL DAMAGES (EVEN IF THE COUNTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE) OR LOSS OF PROFIT, LOSS OF BUSINESS OR ANY OTHER FINANCIAL LOSS OR ANY OTHER DAMAGE ARISING OUT OF PERFORMANCE OR FAILURE OF PERFORMANCE OF THIS AGREEMENT BY THE COUNTY. The County and the City agree each will be responsible for their own acts and omissions under this Agreement and the results thereof including but not limited to the acts or omissions of the party's subcontractors, employees and other personnel and shall to the extent authorized by law defend, indemnify and hold harmless the other party from any liability, claims, causes of action, costs or expenses resulting directly or indirectly from such acts and/or omissions. Each party shall not be responsible for the acts, errors or omissions of the other party under the Agreement and the results thereof. The parties' respective liabilities shall be governed by the provisions of the Municipal Tort Claims Act, Minnesota Statutes Chapter 466, and other applicable law. The statutory limits of liability for some or all of the parties may not be added together or stacked to increase the maximum amount of liability for any party. This paragraph shall not be construed to bar legal remedies one party may have for the other party's failure to fulfill its obligations under this Agreement. Nothing in this Agreement constitutes a waiver by the City or County of any statutory or common law defenses, immunities, or limits on liability. Page 6 of8 7.8 Notice. Any notice or demand shall be in writing and shall be sent registered or certified mail to the other party addressed as follows: To the City: To the County: Copy to: City of St Anthony 3301 Silver Lake Road, St Anthony, MN 55418 Hennepin County Administrator A-2300 Government Center (233) Minneapolis, MN 55487-0233 Mark Chapin Director, Taxpayer Services Department A-600 Government Center (060) Minneapolis, MN 55487-0060 7.9 Audit Provision. Both parties agree that either party, the State Auditor, or any of their duly authorized representatives at any time during normal business hours, and as often as they may reasonably deem necessary, shall have access to and the right to examine, audit, excerpt, and transcribe any books, documents, papers, records, etc., which are pertinent to the accounting practices and procedures of the other party and involve transactions relating to this Agreement. Such materials shall be maintained and such access and rights shall be in force and effect during the period of the contract and for six (6) years after its termination or cancellation. 7.10 Whereas Clauses. The matters set forth in the "Whereas" clauses on page one of this Agreement are incorporated into and made a part hereof by this reference. 7.11 Survival of Provisions. It is expressly understood and agreed that the obligations and warranties of the City and County hereof shall survive the completion of performance and termination or cancellation of this Agreement. 7.12 Authority. The person or persons executing this Lease Agreement on behalf of the City and County represent that they are duly authorized to execute this Lease Agreement on behalf of the City and the County and represent and warrant that this Lease Agreement is a legal, valid and binding obligation and is enforceable in accordance with its terms. 7.13 The parties shall comply with applicable law including but not limited to the provisions of the Minnesota Government Data Practices Act, Minnesota Statutes, Chapter 13 (MGDPA). THE REMAINDER OF THIS PAGE IS BLANK. Page 7 of8 23 2 t. -j AUTHORIZATION Reviewed by the County Attorney's Office Date: __________________ __ City organized under: Statutory __ OptionA. __ COUNTY OF HENNEPIN STATE OF MINNESOTA By: -:---,-----cc----:-:::---:-:---:-:---- Assistant/Deputy/County Administrator Department Director of ____________ _ Date: ____________________________ _ CITY OF St Anthony By: ______________ _ Its: -------------- And: ------------------------------ Its: -------------- Option B __ Charter __ Page 8 of 8 Pedestrian <;;",tI;,t'\I Enhancements Silv er Lake Road and 34 th Ave NE Presented by Janelle L. Borgen, PE , PTOE WSB & Associates 8-13-13 . : ..... : . Through observation and expressed resident concerns, the mid-block crossing on Silver Lake Rd. and 34 th Ave NE was identified as a dangerous location with many pedestrian vehicle conflicts, 8/7/2013 25 1 26 round Summer 2011-Alternatives Analysis August 20ll-in-Pavement LED Option Proposed Fall 2011 -County Coordination began OPERA Funding Received -$10,000 for evaluat ion University of Minnesota Capstone Project Spr i ng 2012 -Rvan Ande rson, James Fladung, Amanda larson, Tom Sachi, Ryan Schuehle Spring 2012 -Fina l Design & Pre-I nsta l lation Data Co llec tion Summer 2012 -Counc il approva l for constructic September 2012 -Construction Complete Spr i ng 2013 -Post Insta l lation Data Co l lection June 2013 -Opera Final Report Submitted istics Mid-block cross i ng Two lane road w ith center left turn lane (approx. 36 feet) Metro Tr ansit Bus Stops Standard signage -ped. ahead signs, ped. cross in g signs, and center lane "STATE LAW STOP FOR PEDESTRIANS W ITHIN CROSSWALK" sign ADT-9,SOO Peak ho u r average pedestrian co u nt of 75 Majority of pe d estrians are ch i ldren going to school 49% of veh ic les were observed to stop for pedestr ians whe n bo th pe d estria ns and traffic were prese nt . Ju ly o f 2012, 9 year-o ld coll ided with SUV i n crosswalk 8/7/2013 2 Costs • Installation -$26,500 • Equipment -$27,000 • Total-$53,500 Resu Numerous positive comments have been received from residents Driver comp liance has i ncreased by 12 % bringing compl iance near 100% Percentage of Jaywa l kers has dropped Percentage of confli cts has dropped No additiona l mai ntenance since final insta l lation and adjustments No issues with snow removal No issues w i th the spring/summer e lectrica l storms 8/7/2013 27 3 28 •••• 0«., Thank You and Stay Safe!! Janelle Borgen, PE, PTOE WSB & Associates Jborgen@wsbeng,com 763-231 -4843 direct 612-860-9987 mobile 8/7/2013 4 Invoice to University of Minnesota Bill to: University of Minnesota 200 TranspOltation and Safety Building 511 Washington Avenue S.E. Minneapolis, MN 55455 Ph: 612-624-8398 Fax: 612-625-6381 Pay to: Organization Name: St. Anthony Village Address: 3301 Silver Lake Road NE Date: _June 27, 2013 City. State & Zip: St. Anthony, MN 55418-1603 PhonelFax: (612) 782-36314 / (612) 782-3302 Contact Name: Jay Hartman Project Name: In-Pavement LED Pedestrian Crossing Operations Effectiveness Project Number: 2011-04 Task #1 "Respond to the "Project Proposal Form Instructions" in word format, to be used in articles about the project". The described proposal was submitted and approved. 80% of the total grant is to be paid upon contract approval. The described proposal, the University of Mimlesota approved contract and this invoice satisfies requirements for the first task Task #2--INVOICE for remaining 20% of funds granted. Final report, at least 4 photos 01' Microsoft PowerPoint slides and invoice submittal. Final report template attached. Slides should contain pictures, diagrams, tables and/or chalts to help illustrate the project and the findings. You may be called upon to demonstrate your project at the Spring Maintenance Training Expo or other L TAP sponsored event. ~~,,)u.OQ~~AQ""""" Janelle Borgen PI Sign re ----------_. Task Rate Amount Date Invoiced Task #1 80% $ 8,000. April 2012 ---_. Task #2 20% $ 2,000. Juue 2013 -" .. ----.---,,---_._----.---------- Total Grant 100.% $ 10,000 29 30 LRRB Local Operational Research Assistance Program (OPERA) for Local Transportation Groups Field Report Date: June 24, 2013 Project Title: In-Pavement LED Pedestrian Crossing Operations and Effectiveness Project Number: 2011-04 Agency: City of St. Anthony Village Person Completing Report: Janelle L Borgen Project Leader: Jay Hartman Phone Number: (612) 782-3302 Problem: Pedestrian and vehicle conflicts are a severe and dangerous problem at many locations in Minnesota. Life threatening situations can arise when pedestrians try to cross at a location and vehicles fail to yield the right of way. This can make pedestrians more aggressive as they wait or enter the crosswalk and expect vehicles to stop because it is state law. As part of recent societal trend toward environmentally conscious lifestyles, cities are encouraging more citizens to walk or bike to their destinations. This has increased the number of conflicts in urban areas where heavy traffic occurs during peak hour periods that coincide with the start and end of school and work days as well as extra-curricular activities at recreational fields and centers. Through observation and resident complaints, the mid-block crossing on Silver Lake Road at 34th Ave NE was identified as a dangerous location with many pedestrian- vehicle conflicts and the potential of a severe accident. There are many new technologies emerging that claim to be effective in increasing driver compliance with the state law and minimizing potential dangerous and life threatening situations. One such system that was attractive to City staff, because of its aesthetically pleasing quality, is in-pavement lighting (LED's). The technology has proven effective in other parts of the country; however, Minnesota has an extreme climate and unique driver behavior so this project set out to evaluate the effectiveness as well as to document maintenance tasks over the first 9 months of operation. Solution: The implemented system warns motorists they are approaching an active pedestrian crossing either occupied by pedestrians or about to be occupied by pedestrians. The system includes three primary components: a push button activation mechanism, bi-directionalln-pavement LED's, and pedestrian crossing blinker signs. Procedure to Evaluate Operational Effectiveness: In order to evaluate the effectiveness of the pedestrian crossing enhancements before and after counts were performed and compared. The before counts occurred in March of 2012 and the after counts were performed in May of 2013. Crosswalk usage condition definitions were created as follows: • Ideal Conditions - a situation when a vehicle traveling towards the crosswalk stops to allow a pedestrian to cross • Waiting Conflict - a pedestrian standing at the edge of the crosswalk waits to see if the cars coming are going to stop • Conflict -a vehicle not stopping for a pedestrian waiting in the crosswalk • Free Crossing - a pedestrian using the crosswalk when there are not vehicles in the area • Jaywalkers -any person that is choosing to cross the road in a location other than the marked crosswalk After data collection a high level analysis was performed; numbers were assessed for the following: • The total number and percent of conflicts • The total number and percent of jaywalkers • The total number and percent of vehicles not yielding to pedestrians 31 N (Y) Pre-Installation Traffic Count Da t a Table 1: Tra ffic Count Data fo r Sitve r Lake Road (Tuesd ay, Ma rch 27, 2012) Ideal Con d iti o ns1 W aiting Conflice Conflict' Free Crossing· Jaywa lkerss Total Number of Tim e Pedestrian s Eastbound Westbound EastboUnd Westbound Eastbou nd Westbound Eastbou nd W estbou nd Eastbound Westbound Eastbound Westbound 7:00..7:30 AM 8 0 3 0 0 0 5 1 0 3 7:30--8:00 AM 0 0 0 0 0 0 2 1 0 5 8:00-8:30 AM 3 0 1 0 0 0 3 0 0 0 2~3:OO PM 0 15 0 3 0 5 0 3 0 4 3:00.3;30 PM 0 0 0 0 0 1 1 1 0 1 3:30-4:00 PM 0 1 0 0 0 0 1 3 0 2 4:00.-4:30 PM 0 0 0 3 0 1 0 0 0 0 4:30-5:00 PM 1 3 0 1 0 0 0 0 0 1 TotaJ: 12 19 4 7 0 8 12 9 0 15 'An i d ea l condi t i on i s defi ned as a s ituati on w hen a veh i cl e travel i ng towards th e cro ssw a l k sto ps to a llo w a pedestri an to cross lA w a it i ng conflict i s defined as a pedestri an sUl ndi ng at the edge of the crossw a l k w a it i ng to see i f the ca r s com i ng a re goi ng to stop or not sA co nfli ct i s defined as a veh i cl e not stopp i ng for a p e destri an w a it i ng i n the cr osswa l k "A f r ee cr OSS i ni' i s defi ned as a p edestri an usi ni' the crosswa l k w hen the re are not vehicl es i n the a re<'!l 'A j ayw a l ker i s d efined as any person that i s ch oos i ni t o cross th e r oad i n <'!I l oc <'!lt i on other than the ma rk ed crossw a l k 15 4 2 5 7 0 0 31 1 3 1 5 0 4 1 5 2. 59 Total Number of Vehicles Northboun Southbo un d d 122 311 Tota l AM Pe d s 110 300 35 135 247 288 211 . 21 0 151 Tota l PM Peds 240 175 52 312 159 342 14 7 1759 1711 (Y) (Y) Appendix A: Pre -Installation Traffic Count Data ...... ~ ......................... ~ ~~ ............. ~. _ ...... n .......... , ............... , I ............ J, ............. , Id ea l Cond itio n s l Waiting Co n fl ict! Con flict' Free Cr ossing" Jaywalkerss To t al Number of Time Pedestrians Eastbound w estboun d East bo un d w estbound Eastb ound Westbound Eastbound Westbound Eastbound Westbound Eastbound Westboun d 7:OC)..7:30AM 5 0 1 0 1 1 3 1 0 4 l :3O-B;OO AM 1 0 1 0 2 1 1 0 0 3 ';00.8:30 AM 0 0 2 0 3 0 2 0 0 0 2:30-3 :00 PM 0 7 3 4 0 0 0 3 0 3 3;(1()..3:30 PM 0 2 1 8 0 0 0 4 0 1 3:30-4:00 PM 0 3 0 2 0 0 0 6 0 0 4:(1)..4:30 PM 0 0 0 3 0 1 0 3 0 1 4:30-5:00 PM 0 0 2 0 1 0 1 1 5 1 T .... 6 12 10 17 7 3 7 18 5 13 iAn i dea l condit i on i s d efi ned as a situat i on when a veh i cl e trave 1i ne towa rds th e crosswa llc stops to a llow a ped~i an to cros s lA wa it inr confli ct is de fin ed as a ped~i an SUl nd i Oi at the edie of t h e crosswa l k waiti ng to see I f the air s com i ng are: go i ng to stop or not J A confli ct i s d ef i n e d as a 'Veh i cl e n ot stoppi ng for a pedestr i an wlI i t i ng i n th e crosswa l k ~A f r ee cr ossi ng i s d e f i ned a s a ped e stri an usi ng the crosswa l k when t h e r e are not veh Icle s i n t h e a re a 'A j aYWll i k e r i s d efined as a ny p e rson that i s choosi ng to cross the r oad i n a l ocati on oth er than the marke d crOSS'WlI l k 10 6 5 • 7 0 3 17 1 15 0 11 0 8 9 2 35 63 Total Number of Veh icles Nonhboun SO uthboun d d 126 298 Tota l AM Pe ds 110 m 32 121 300 249 , .. m 150 T ota I PM Peds m 183 66 m 169 339 180 1791 1823 I '<l' (V) Post-Installation Traffic Count Data tble3:TmticCount~forSitverl&e~(T~.M~2t.20131 -Time Ideill Conditions; WMincConfli~ ConIljal Free Crossinc· J~IUr~ unbound Westbound Eastbound Westbound Eastbound W estbound Eastbound W estbound Eastbound W estbound ..... __ L 8 1 0 0 0 0 2 0 0 0 5 1 1 0 0 0 2 0 0 4 2 1 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 2 0 0 0 0 0 0 0 0 0 0 1 0 0 0 0 0 1 0 0 0 1 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 12 7 0 0 0 0 2 0 0 0 5 1S 1 3 0 0 3 • 1 " 17 26 1 3 0 0 5 4 1 11 ideal conditIOn IS deftn@daSiIISItUatlonwhenili vehICle Ira ... e~ng towiII,ds the cro55w~ stops to allo .... ill pedestnan to c ross ~A waiting conf~ct is defined as a pede'5trian standing at the edge of the closswalk Wailing to see if the cars coming arE' going to stop or not l A conflict is defined as ill ... ehide not stopping 101 ill pedestrian waiting in the crosswalk tA free crossing is defirwd as a pedestrian using the crosswalk when thele are not vehicles in the area SA raywa lk et is defined as any person that is choosing to cross the lo ad in a location other than the marked crosswalk . __ ... _ ... __ . _. I I TouJ HumberafVehicles Eastbou 10 I 117 I 332 8 5 2 1 T ctal AM Peds 125 347 0 0 31 2 0 12S 278 377 ",. 0 2 0 1 380 I 1S' 0 0 0 0 I I 422 I 207 0 0 14 7 10 37 24 44 I 2091 I 1918 tr) «) Post-Installation Traffic Count Data "raffl e Col •• ,,'''' ... ,._ ............ " ....... 'v, ....... "' • ..-.::c ~ [Thu~y# M ~ 23. 2013) Time IdeiJ l Condjtions~ WilitincConflia1 Conllid Fr ee Crossi nc4 ~l k ers' Eastbound W estbound Eastbound Westbound Eastbound W estbound Eastbo und W estbound Eastbound W estbotLnd 7,00 Push 1 1 0 0 0 0 0 2 0 0 7,30 ed No AM 7 2 1 0 0 0 1 1 0 1 Push 7,30 Push 3 2 0 0 0 0 0 0 0 0 ed 8 ,00 AM No 0 0 0 0 0 0 2 2 0 0 Push 8,00 Push 8 0 0 0 0 0 0 0 0 0 8,30 ed AM No 0 0 0 0 0 0 1 0 1 0 Push 2,30 Push 0 15 0 0 0 0 0 0 0 0 3,00 ed PM No 0 7 0 6 0 1 0 0 0 4 Push 3,00 Push 0 4 0 0 0 0 0 2 0 0 3,30 ed PM No 2 2 0 0 0 0 0 0 0 4 Push 3,30 Push 3 7 0 0 0 0 0 1 0 0 4,00 ed PM No 0 0 0 0 0 0 1 0 1 2 Push 4 ,00 Push 0 3 0 0 0 0 0 0 0 0 4 ,30 ed PM No 2 0 0 0 0 0 0 0 1 3 Push 4,3D-Push 0 2 0 0 0 0 0 0 0 0 ed 5,00 PM No 0 1 3 0 0 0 0 0 0 0 Push Push 15 34 0 0 0 0 0 5 0 0 Total ed , No 11 12 6 0 5 3 3 Push 4 1 14 Grand Total 26 46 4 6 0 1 5 8 3 14 lAn ideal condition is defined as a situation when a vehicle traveling towards the crosswalk stops to allow a p edestrian to cross .lAwaiting conflict is defined as a pe-ciestl ian standing at the edge of the crosswalk waiting to see if the Cdrs coming are going to stop or not )A conflict is defined as a vehielt' not stopping fOI a pedestdan waiting in the c l osswalk cA free crossing is defined as a pedestrian using the crosswalk when there ale not vehicles in the area SA iaywalke r is defined as any person that is chOOsing to cross th e road in a location other than the marked crosswalk Total Nwnber of Toul Numbe-rofVehiclH Pedestriml Eastbound Westbound Northbound Sol/thbound 1 3 118 321 9 4 i 3 2 Total AM Peds 122 367 2 2 36 8 0 117 305 2 0 0 15 223 185 0 18 0 6 292 162 2 6 3 8 Total PM Peds 341 206 2 2 77 0 3 393 1S1 3 3 0 2 395 204 3 1 15 39 23 36 38 75 2001 1941 \D (Y) , ,~ "._~_.,_~,,,,., ...... ,., ____ .n ........... ~ .... _~,." .. _. Date of Traffic Tota! Pedestrians Pedestrian Percent of Total Jaywalkers Percent Vehicles not Percent of I Percent of Count using Crosswalk Conflicts" Pedestrians in Jaywalkers yielding to vehicles not vehicle yielding Conflict pedestrians yielding to I to Pedestrians pedestrians in using the the crosswalk crosswalk Tuesday March 71 19 26.8% 16 18.4% 8 11.3% I 88.7% 27,2012 I Thursday, March 79 37 46.8% 18 18.6% 10 12.6% 1 87.4% 29,2012 Totals 150 56 37.3% 34 18.5% 18 12% 88% 'Numbers include both Waiting Conflicts(a pedestrian standing at the edge of the crosswalk waits to see if the cars coming are going to stop) and Conflict(a vehicle not stopping for a pedestrian waiting in the crosswalk) p fficC . ~~, ".~,~"~,,~,, .. ~".~ ~ount uata ~umma v: Date of Traffic Total Pedestrians Pedestrian Percent of Total Jaywalkers Percent Vehicles not Percent of I Percent of Count using Crosswalk Conflicts" Pedestrians in Jaywalkers yielding to vehicles not I vehicle yielding Conflict pedestrians yielding to I to Pedestrians pedestrians ! using the ! crosswalk Tuesday May 21, 56 4 7.1% 12 17.6% 0 0% I 100% 2013 Thursday, May 96 11 11.5% 17 15% 1 1% I 99% 23,2013 Totals 152 15 9.9% 19 11.1% 1 .0.6% I 99.3% 'Numbers include both Waiting Conflicts(a pedestrian standing at the edge of the crosswalk waits to see if the cars coming are going to stop) and Conflict(a vehicle not stopping for a pedestrian waiting in the crosswalk) Results: Operations: • City staff have received numerous positive comments about the system. • Driver compliance in yielding the right of way to pedestrians using the crosswalk has increased by 12 % bringing compliance near 100%. • Percentage of Jaywalkers has dropped • Percentage of conflicts has decreased (this includes, both waiting conflicts as well as vehicle not yielding the right of way. Maintenance: aside from the initial re-aiming of the LED signs, no additional maintenance has been required of the system. The system handled the snowy Minnesota weather well and has not had power issues in recent electrical storms. Recommendations to improve the project: It is important to do community outreach to educate residents on the system. Because the system looked similar to what was in- place prior to installation, some residents were unaware that it was there during the initial operational period. Implementation: A pedestrian activated in-pavement LED system was installed on Silver Lake Road at the Mid-block crossing of 34 th Ave NE in September 2012. Construction Initial construction took three working days: Day 1: concrete work and conduit boring Days 2-3: system installation with on-site support from the vendor. 2 weeks later: the blinker LED's were realigned to optimize the LED brightness for drivers. This work was performed with ease by City Maintenance staff with support of the engineer and vendor. During Construction, City Maintenance were invited to the site and taught about the system and the maintenance requirements. They were also consulted during the design and installation process on items such as post locations to avoid conflicts with sidewalk plowing operations. Design and Implementation Considerations: Warranty -since this is a technology that the city had no experience with, it was important to purchase a comprehensive warranty as part of the package Installation Support -it was important that on the first installation, staff received on-site support from the vendor to learn how to properly install the in-pavement LED's. Disturbances to Residents During Construction-the quick construction and defined working hours minimized impact on the residents located next to the site, there was also limited times that lane closures were allowed. During Operation -City staff did not want a system that would flash into the windows of residents and cause frustration to them. Maintenance Operations Durability in Minnesota Climate -all research indicated that with proper installation, the system should not be negatively impacted by plowing or winter conditions. The research included discussion with owners of similar systems Specialized skills -if specialized skills are required, we made an effort to include maintenance staff and teach them about the system operation and maintenance. Operational Costs -the system was designed to use and existing City power source. 37 38 Commun ity Outreach -We found that commun ity outreach wa s very imp ortant and that without it, th e system wasn't utilize d as expected. LED Viewing -LED 's have a viewing angle and an optim al a imin g for maximum brightness. This ha s to be considered during de sign as we ll and in stallation. Status : In sta ll ed and Operationa l Total Duration of Project: 1 year from baseline counts to final counts. Project End Date: Installation comp leted in September of 2012, Pedestrian counts completed in May of 2013. Approximate Cost of Entire Project Materials -$27,500, Installation -27,000, eng in eering (including concept development, UMN Capstone mentoring , preliminary design, PS&E , construction oversight & evaluation) -$25,000. TOTAL : $79,500. Total OPERA Funds used for project: $10,000 Send and Email a completed report with pictures to: Mindy Carlson, CTS -200 TSB, 511 Washington Ave. SE, Mp ls. MN 55455, email carlson@umn.edu . For questions about this report please contact Mindy Ca rl so n at 612-625-181 3. 39 Pictures : Operation a l System • . Installation of the In-pav ement LED 's (clear leveling tool s hown in lowe r right co rn er) 40 hI pole. 41 Wiring Diagram 4 2 CCII"Itron.. I MlCRlln rl.1' "'OUIIloU r,,, "OClIIlol.Wtl JCIOII:W tt'\l vtH tIDII~· 1.IIlfI:.l."'I 1 CCNTAOLIfR 50)( ON f A SIGN 999 666 " / SA I N T A NT HON Y V ILLAG E 1ltIo ". ~'II I ~~·~'~~'~~~~~ll rul .,l W l l tI Ue-I ·_t W 'U , 1l<\ ..... W U ., OIloI IO I "~' UlI .~n ft lT lItIo i IOI Il~1 1UI ~ n rt l 1 MID-BLOCK PED EST RIAN CROSS IN G I N TELLI GE NT T RA N SPORT AT IO N SYS T EM SY ST EM W I RI NG DIAG RA M Syste m Wirin g Di agra m .. ----. ,---- PU"'WTnlN fAST ----... II UNlC f RS IGN lliT II UN lCfR SIGN WfST IH-PAVlMf NT liD'S NORTH foI-ItAvt:MfNTLfO'S SQUTH 8 /7 /2013 43 1 44 8/7/2013 2 45 8/7/2 013 3 46 8/7/2013 4 2013 $3,266,70447% $3,670,466 53% $6,937170 8/7/2013 47 5 4f:l 2013 $216,28644% $277,791 56% $494077 8/7/2013 6 8/7/201349 7 5 0 8/7/2013 8 G __ .w .... _ ••• }TOO".., .. s-c_, .... ~.,." --" ----, _n •• _ .... , ...... -"'" ___ 'I _ ...... C .... v .. ............ _ '. __ .0-, ........ _ 8/7/2013 51 9 52 8/7/2 01 3 10 Report Date: Meeting Date: RJ3621d6ST FOR COIdNCfL CONSfD6RA nON August 13, 2013 August 13,2013 Resolution 13-061; a Resolution Approving a Shared Services Agreement between the City of St. Anthony Village and the City of Birchwood Village for City Clerk and Treasurer Responsibilities REVIEW: This is a resolution approving a shared services agreement between the City of St. Anthony Village and the City of Birchwood Village for the City Clerk and Treasurer responsibilities. The shared services agreement has an interim period of 90 days from execution and a 30 days written notice termination stipulation. -J- 53 54 THIS I'AC)! lilT INTENTIONAlLY FlIANI( CITY OF SAINT ANTHONY VILLAGE STATE OF MINNESOTA RESOLUTION 13-061 A RESOLUTION APPROVING AN SHARED SERVICES AGREEMENT BETWEEN THE CITY OF ST. ANTHONY VILLAGE AND THE CITY OF BIRCHWOOD VILLAGE FOR CITY CLERK AND TREASURER RESPONSIBILITIES WHEREAS, Minnesota Statues section 471.59 authorizes governmental units to enter into intergovernlnental agreements; and. WHEREAS, the City of St. Anthony Village and the City of St. Birchwood Village are both governmental units as defined under Minnesota Statues section 471.59; and WHEREAS, the City of Birchwood Village desires to enter a shared services agreement with the City of St. Anthony Village for the responsibilities of City Clerk and Treasurer as described in Exhibit A; and WHEREAS, the City of St. Anthony Village desires to assist the City of Birchwood Village and has the ability to provide the City Clerk and Treasurer responsibilities to the extent described within the agreement. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of St. Anthony Village approves a Shared Services Agreement with the City of Birchwood Village for City Clerk and Treasurer responsibilities. Adopted this 13th day of August, 2013. ATTEST: _________ _ Barbara J. Suciu, City Clerk Reviewed for administration: Jerome O. Faust, Mayor Mark Casey, City Manager 55 56 SHARED SERVICES AGREEMENT THIS SHARED SERVICES AGREEMENT (this "Agreement"), dated August 13,2013, by and between the City of Saint Anthony Village, Minnesota, a Minnesota statutory eity ("Saint Anthony"), and the City of Birchwood Village, Minnesota, a Minnesota statutory city (Birchwood) (collectively, the "Parties"). RECITALS WHEREAS, Minnesota Statutes section 471.59 authorizes governmental units to enter into intergovernmental agreements to provide services or perform functions on its behalf, provided that the services or functions are those which the providing governmental unit is authorized to provide for itself; WHEREAS, Saint Anthony and Birchwood are both governmental units as defined under Minnesota Statutes section 471.59; WHEREAS, Birchwood desires to contract with Saint Anthony for the provision of a certain set of tin an cia I services as described in Exhibit A attached hereto (the "Services"); WHEREAS, Saint Anthony is authorized to provide and currently provides to its citizens the Services which Birchwood seeks, and employs a full-time staff to provide these Services; and WHEREAS, Saint Anthony desires to assist Birchwood and has the ability to provide the Services to Birchwood to the extent and on the terms provided within this Agreement; NOW, THEREFORE, in consideration of the mutual covenants and promises herein contained, the parties hereto agree as follows: I. Scope of Services. Saint Anthony will provide a certain set of financial and administrative services as described in Exhibit A and Exhibit B attached hereto (the "Services"), and shall devote time and labor to Birchwood consistent with the hours outlined in Exhibit B. Saint Anthony's staff shall maintain office hours at Birchwood's city hall during normal business hours totaling at least .~~ hours per week to ensure provision of in-person services to Birchwood's residents. Birchwood agrees to provide to Saint Anthony the information necessary to perform the Services well enough in advance to enable Saint Anthony to carry out its tasks during normal working hours. Saint Anthony shall not be liable for timeliness, inaccuracy, andlor incomplete information provided by Birchwood and the consequences resulting therefrom. Birchwood agrees to sign any releases necessary for Saint Anthony to perform the Services. 58 2. E£es. In consideration of the Services provided by Saint Anthony to Birchwood pursuant to this Agreement, Birchwood shall pay Saint Anthony fees as set forth in Exhibit 13 attached hereto. 3. Performance Standards. 3.1 6nJ,Iication of Birchwood Enactments. In providing Services on behalf of Birchwood, Saint Anthony staff shall consult and enforce Birchwood ordinances, codes, fee schedules, and resolutions. 3.2 Coordination with Birchwood Consultants. In providing Services on behalf of Birchwood, Saint Anthony staff shall coordinate with and refer issues to Birchwood's appointed attorneys, engineers, planners, and other consultants. 3.3 Designated Representative. The only designated representative of Birchwood authorized to act as liaison for Saint Anthony staff needing to coordinate Services with Birchwood consultants or otherwise provide the Services under this Agreement is l____J· 4. Term and Terminatioll. The term of this Agreement shall be for ninety (90) days from the date last executed ("Interim Period"). Within sixty (60) days after execution, Saint Anthony will provide a proposal for continued service options beyond the Interim Period. Any party hereto may terminate this Agreement upon thirty (30) days written notice to the other. 5. Appointment. Appointment of an individual to the office of Birchwood City Clerk or Birchwood City Treasurer in order for the individual to perform the Services shall be accomplished pursuant to applicable law and procedure. 6. Not to Be Construed as Employment Agreement. This Agreement shall provide access only to those employees of Saint Anthony identified in Exhibit 13 attached hereto. Any employee of Saint Anthony, who assists in performing the Services for Birchwood, whether or not that individual is appointed pursuant to Section 5 of this Agreement, shall remain solely an employee of Saint Anthony and not an employee of Birchwood. Nothing contained in this Agreement can or shall be interpreted as an employment relationship between Saint Anthony and Birchwood. All relationships created by this Agreement run between Saint Anthony and Birchwood, as two separate governmental units, and not between or among any individual persons. Appointments made by Birchwood under Section 5 of this Agreement do not create any additional employment guarantees by either Saint Anthony or Birchwood, and no property or other due process rights are created as a result of the appointment. Any communication between Saint Anthony staff and Birchwood staff in 2 the course of providing Services, including but not limited to communications with Birchwood consultants and liaison contemplated under Section 3 of this Agreement, shall not be interpreted as the exertion of control over Saint Anthony staff to create any employment or similar relationship. Staff of Saint Anthony shall not be entitled to vacation pay, sick pay, holiday pay, overtime pay, worker's compensation coverage, or any other benefits payable by Birchwood that may be afforded to employees of Birchwood. 7. Property. No fixed assets or personal or real property will be jointly or cooperatively held, acquired, or disposed of pursuant to this Agreement. Any and all documents, records, files, tables, charts, maps, audio recordings, video recordings, processes, procedures, or other physical or intellectual property, whether in hard copy or electronic format, created by Saint Anthony staff while providing services for or on behalf of Birchwood pursuant to this Agreement shall be the sole property of Birchwood. 8. Non-Exclusivity. This Agreement is non-exclusive between Saint Anthony and Birchwood. Saint Anthony and Birchwood have the right to enter into similar agreements with other entities. 9. Indemnification and Insurance. 9.1 Saint Anthony and Birchwood each agrees to and shall defend, indemnify, and hold harmless the other Party, its official, officers, agents, and employees ]1'om and against any and all claims, losses, damages, judgments or liabilities of whatever nature, including any portion thereoj~ arising from or related to the indemnifying Party's acts, omissions, or performance under this Agreement. It is the intent of the Parties that each Party be responsible for its own actions occurring under this Agreement. Under no circumstances, however, shall an indemnifying Party be required to pay on behalf of itself and the other Party any amounts in excess of the limits on liability established in Minnesota Statutes Chapter 466 applicable to anyone Party. The limits of liability for each Party may not be added together to determine the maximum amount of liability for either Party. The intent of this paragraph is to impose on each party a limited duty to defend and indemnify each other subject to the limits of liability under Minnesota Statutes Chapter 466. The purpose of creating this duty to defend and indemnify is to simplify the defense of claims by eliminating conflicts among the Parties and to permit liability claims against both Parties from a single occurrence to be defended by a single attorney. 9.2 Each Party agrees that a Party subject to Minnesota Statutes Chapter 466 will maintain insurance in an amount consistent with Minnesota Statutes Chapter 466. Saint Anthony shall maintain worker's compensation insurance that affords coverage to its staff while performing any and all Services for Birchwood under this Agreement. 3 59 60 9.3 This section shall survive termination of this Agreement. 10. Waivers, Amendments, and Modifications. The Parties may mutually waive, amend, or modify parts of this Agreement, but such waivers, amendments, or modifications shall not be binding unless they are in writing and signed by personnel authorized to bind the Parties. Waiver of breach of any term of this Agreement shall not be considered a waiver of any prior or subsequent breach. II. Venue. This Agreement will be governed by the laws of the State of Minnesota, both as to interpretation and performance. Any actions at law, suit in equity, or other judicial proceeding for the enforcement of this Agreement may be instituted only in a court of competent jurisdiction in the State of Minnesota. 12. Severability. In the event any term or condition of this Agreement or application thereof to any person or circumstance is held invalid, such invalidity shall not affect other terms, condition, or application of this Agreement which can be given effect without the invalid term, condition, or application. To this end, the terms and conditions of this Agreement are declared severable. 13. Integration and Merger. This document embodies the entire agreement of the Parties. There arc no promises, terms, conditions, or obligations other than those contained in this Agreement. This Agreement supersedes all previous communications, representations, or agreements, whether oral or written, between the Parties. All items referred to in this Agreement are incorporated or attached and are deemed to be part of this Agreement. 14. Assignment. Neither Saint Anthony nor Birchwood will assign or transfer any rights or interest in this Agreement. 15. Third Parties. This Agreement is between Saint Anthony and Birchwood as the only parties, and no provision of this Agreement shall in anyway inure to the benefit of any third person (including the public at large) so as to constitute any such person as a third party beneficiary of the Agreement or of anyone or more of the terms hereof, or otherwise give rise to any cause of action in any person not a party hereto. 4 16. Notices. Required notices to Birchwood shall be in writing and shall either be hand delivered to Cindie Reiter, City Clerk-Coordinator, or mailed (postage prepaid), faxed, or e-mailed if the parties agree, to Cindie Reiter, City Clerk-Coordinator at the following address: City of Birchwood Village 207 Birchwood Avenue Birchwood, MN 55110 (E-mail)bwclerk@comcast.net Notices to Saint Anthony shall be in writing and shall either be hand delivered to Shelly Rueckert, Finance Director, or mailed (postage prepaid), f~lxed, or e-mailed if the parties agree, at the following address: Saint Anthony Village 3301 Silver Lake Road St. Anthony, Minnesota 55418 (E-mail)marlccascy@ci.saint-anthony.mn.us IN WITNESS WIIEREOF, the parties have hereunto set their hands the day and year first above written. CITY OF SAINT ANTHONY VILLAGE a Minnesota statutory city By: Jerome O. Faust Its: Mayor ATTEST: By: Mark Casey Its: City Manager 5 CITY OF BIRCHWOOD VILLAGE a Minnesota statutory city By: Mary Wingfield Its: Mayor ATTEST: By: Cindie Reiter Its: Interim City Clerk-Coordinator 61 62 EXHIBIT A Scope of Services Statutory duties of City Clerk (Minn. Stat. § 412.151) Statutory duties of City Treasurer (Minn. Stat. § 412.141) Statutory duties as "Responsible Authority" under the MGDPA (Minn. Stat. Chap. 13) Duties assigned or delegated to each position by city codes, ordinances, resolutions, procedural manuals, city council directives, or by other Minnesota statutes Bi-weekly payroll processing and related benefit submissions Quarterly and Year-end reporting for payroll Prepare checks based on weekly check requests Recording tax settlements and other receipts for general ledger purposes Bank Reconciliations Monthly listing of receipts and checks Monthly statement of revenues and expenses Maintain General Ledger Manage Annual Audit process Preparation of work papers for Annual Audit EXHIBIT B Fees ?hel.lv~ Total wage of $5],83 x 3 hours/week·, $173.49 week x 13 weeks qlgJlig~ Total wage of $3!;,62 x 6 hours/week·, $213.72 week x 13 weeks 34 miles X $0,555/mile' $18,8'7 x 1.3 weeks n.~JI)~ Total wage of $39,10 x (j hours/week· $234,60 week x 13 weeks 34 miles X $05!;5/rnile, $18.8'7 x 13 weeks Employ(!e Hat{~ Pro SS Medicare PEllA Shelly Ilueckert $4!;,06 $4,68 $2,]9 $0,6'; $3.27 Charlie Yunkl'f $27.73 $2,38 $1.72 $0.40 $2.01 Barbara Suciu $28,14 $2,92 $1 r . ... ,) $0.42 $2,04 , $2,2S5,3] , $2,Tl8,36 '$ 245.31 , $3,049,80 '., S2.1!'.J1 $8S/4.15 Workers Comp I 11th/Dent $OX! $1.1.0 $0.27 $1.10 $0,27 $2.45 63 ilillable Life liSA VY,(lW~ $0,01 $0,00 $!,7,83 $om $0,00 $3!,,(j2 $0,01 $1.10 $39,10 64 IIIIS I)AC;[ UrT INTTNTIONALI_Y I3LANI( FUTURE COUNCIL AGENDA ITEMS 8/13/2013 Date Type ltemsfIssues Staff Present 2014 Budget Presentation CHy Council City Manager August 27 Regular School District Presentation Finance Director Resolution for Chamber Fall Event Wendy Webster, SANE School August 28 Workscssion City Council City Manager Preliminary approval of the 2014 Levy City Council Fence Ordinance September 10 Regular Metropolitan Council Update City Manager Finance Director Accept feasibility reportj order plans & specifications for 2014 Street Project Adam Duinick, Met Council Accepting Bids for the Silver Lake Storm water Treatment System September 24 Regular Kiwanis Peanut Day Proclamation City Council Approval of Election Judges for the 2013 Municipal Ceneral Election Ci ty Manager September 30 WOI'kscssion City Council City Manager Planning Commission Items from September 2013 Goals Update October 8 Regular Certification of Outstanding Utilities -Consent City Council Fire Deparhnent Fire Prevention Week Presentation City Manager Ordinance -Ac((~ssory Structure Ordin,lnce -SohH' f--- October 22 Regular City Council City Manager [-- November 12 Regular Planning Commission Herns from October City Council Canvass of Municipal General Election Results City Manager Approval of the 20·14 Fee Schedule City Council November 26 Regular Approval Plans & Specifications & Order Advertisem.cnt for Bids for the 2014 Street City M<~n<'gQr Project City r-:ngineel' Fire Prevention Poster Contest Winners Fin~ Chief Planning Commission Items from. November Adopt 2014 City Council Meetings Calendar City Council December 10 Regular Appoint Parks & Planning Commission Members City Manager Approval 2014 Final Levy Finance Director Accepting Donations & Grants 2014 Swearing in of Newly Elected Officials January 14 Regular Planning Commission Items from December City Council Housekeeping Resolutions City Manager Planning Commission 2014 Workplan City Council January 16 & 17 Special Coal Setting Retreat City Manager Department Heads 2014 Street Project City Council January 28 Regular Resolution Calling for Hearing on Improvem.ents City Manager Resolution for Hearing on Assessments City Engineer Calling for Preparation of Assessments February 11 Regular City Council City Manager 2014 Street Project Public Hearing -Ordering Improvements City Council February 25 Regular Adopting & Confirming Assessments for Street Improvement City Manager Award bid to contractor Call fol' Sale of GO Bonds HOUSING AND REDEVELOPMENT AUTHORITY AGENDA CITY OF ST. A NTHONY Aug ust 13, 2013 Call to Order. Roll Call. I. Approval of August 13, 2013, H .R.A. Agenda. II. Consent Agenda. T he se items are consid e red routine and will be c nacted b y one motion. T here will be no separate discuss ion of the se ite m s unless a Councilmember or citize n so reques ts, in which event the item will b e removed from the C on se nt Agenda and plac e d e lsewhe re on th e age nda . A. Approve July 9, 2013, H.R.A. Minute s. (pp. 1-2) B. Claim s. (pp. 3-4) III. Public Hearings. IV. General Policy of Business of the H .R.A. V. Staff Reports. VI. H.R.A. Commissioner Comments. VII. Information and Announcements. VIII. Adjournment. F:\Cou ncil Meet in gs\20 13\08132013\HRA agenda.docx I CITY OF ST. ANTHONY 2 HOUSING AND REDEVELOPMENT AUTHORITY MEETING 3 JULY 9, 2013 4 5 CALL TO ORDER. 6 7 Chair Faust called the meeting to order at 7:30 p.m. 8 9 ROLLCALL. 10 II Commissioners present: 12 Commissioners absent: Chair Faust; Commissioners Gray, Jenson, Roth, and Stille. None. 13 Also present: Executive Director Mark Casey. 14 15 16 I. 17 18 19 20 21 22 23 II. 24 25 26 27 28 29 30 31 32 33 III. 34 35 36 37 IV. 38 39 40 41 V. 42 43 44 45 VI. 46 47 48 49 API)ROV AL (W .JULY 9, 2013, H.R.A. AGENDA. Motion by Commissioner Gray, seconded by Commissioner Jenson, to approve the July 9, 2013, Housing and Redevelopment Authority Agenda as presented. Motion carried unanimously. CONSENT AGENDA. Motion by Commissioner Stille, seconded by Commissioner Jenson, to approve the Consent Agenda, which consisted of: A. l-I.R.A. MeeHngMinutes oCJune.ll,)013; and B. Claims. Motion carried unanimously. I)UBLlC HEARINGS. None. GENERAL POLICY BUSINESS OF THE H.R.A. None. STAFF REPORTS. None. H.R.A. COMMISSIONER COMMENTS. None. 1 2 Housing and Redevelopment Authority Meeting Minutes July 9, 2013 Page 2 1 VII. INFORMATION AND ANNOUNCEMENTS. 2 3 Executive Director Casey announced that Golden State recently opened at 2526 Highway 88 4 offering internet automotive sales and welcomed them to the community. 5 6 VIII. AD.JOURNMENT. 7 8 Chair Faust adjourned the meeting at 7:32 p.m. 9 10 Respectfully submitted, 11 Barbara Hughes 12 TimeSaver Off Site Secretarial, Inc. City of St Anthony Village ______ ~ _____ . _______ . ___ .lillA_. ____ ~_~ _________ . _____ ~_. ___ _ CITY OF ST ANTHONY CHECK REGISTER Check Issue Dates: 8/7/2013 -8/7/2013 Page: Aug 07,2013 07:58AM Vendor Number Payee Check Number Check Issue Date Amount 10432 DORSEY & WHITNEY 10461 EHLERS & ASSOCIATES, INC_ Grand Totals: 21116 21117 08107/2013 08/07/2013 923_50 12,272_50 13,196_00 4 THIS PAGf.: U]=T INTENTIONALLY BLANI<