city of woodbury, minnesota october 11, 2017 7:30 p.m. agendas/council... · city of woodbury,...

CITY OF WOODBURY, MINNESOTA

CITY COUNCIL AGENDA

OCTOBER 11, 2017

7:30 P.M.

PLEASE NOTE THAT ALL AGENDA TIMES ARE ESTIMATES.

1. Call to Order 2. Pledge to Flag 3. Roll Call 7:32 p.m. 4. Special Order of Business A. Presentation of Awards to Photo Contest Winners 17-255 7:45 p.m. 5. Open Forum

The Open Forum is a portion of the Council meeting where a maximum of three persons will be

allowed to address the Council on subjects which are not a part of the meeting agenda. Persons wishing to speak must complete a sign-up sheet prior to the start of the meeting. Give the sign-up sheet to any staff person. Speakers are limited to two minutes each. The Council will listen attentively to comments but, in most instances, will not respond at the meeting. Typically, replies to the concerns expressed will be made via letter or phone call within a week.

7:47 p.m. 6. Consent Agenda

All items listed under the consent agenda are considered to be routine by the City Council and will be enacted by one motion and an affirmative vote by roll call of a majority of the members present. There will be no separate discussion of these items unless a Council Member or citizen so requests, in which event, the items will be removed from the consent agenda and considered a separate subject of discussion by the Council.

A. Approval of Council Minutes – September 27, 2017 B. City Place 4th Addition, Final Plat, Project No. 04-2017-00274

Staff recommends Council approval of City Place 4th Addition, Final Plat, Project No. 04-2017-00274 subject to the conditions as outlined in Council Letter No. 17-256.

17-256

C. Tamarack Trunk Sanitary Sewer Rehabilitation, Approve Plans and

Specifications, Establish Bid Date Staff recommends Council adopt RESOLUTION NO. 17-166, a resolution approving the plans and specifications and establishing a November 30, 2017, bid date for the Tamarack Trunk Sanitary Sewer Rehabilitation Improvements.

17-257

D. Vehicle Purchase, Replace Squad 1313, One Ford Utility Police Interceptor,

Budget Amendment Staff recommends Council adopt RESOLUTION NO. 17-167, a resolution approving the purchase of one Ford Utility Police Interceptor vehicle from Ford of Hibbing for an amount not to exceed $44,500 through the State of Minnesota Cooperative Purchasing Venture.

17-258


CITY COUNCIL AGENDA

OCTOBER 11, 2017

7:30 P.M.

E. Vehicle Purchase, Replace Squad 1670, One Ford Utility Police Interceptor,

Budget Amendment Staff recommends Council adopt RESOLUTION NO. 17-168, a resolution approving the purchase of one Ford Utility Police Interceptor vehicle from Ford of Hibbing for an amount not to exceed $35,008 through the State of Minnesota Cooperative Purchasing Venture.

17-259

F. 2018 Roadway Rehabilitation Project, Set Public Improvement Hearing

Staff recommends Council adopt RESOLUTION NO. 17-169, a resolution establishing a public improvement hearing date of November 8, 2017 for the 2018 Roadway Rehabilitation Project.

17-260

G. Approval to Purchase Equipment, Two Crestline Ambulances and Budget

Amendment Staff recommends Council adopt RESOLUTION NO. 17-170, a resolution approving the purchase of two Crestline Ambulances from Crestline Coach Ltd. through the Savvik Buying Group Agreement for an amount not to exceed the cost of $461,321 and amend the 2017 EMS Fund budget.

17-261

H. Approval of a Joint Powers Agreement between the City of Woodbury and the City

of Minneapolis, Minnesota Regarding Public Safety Related to the 2018 Super Bowl Staff recommends Council adopt RESOLUTION NO. 17-171, a resolution approving the Joint Powers Agreement between the City of Woodbury and City of Minneapolis, Minnesota regarding public safety and security related to the 2018 NFL Super Bowl.

17-262

I. Appointment of Recreation Specialist

Staff recommends Council adopt RESOLUTION NO. 17-172, a resolution appointing Michael Bowman to the position of Recreation Specialist effective November 13, 2017.

17-263

J. Abstract of Bills The abstract of bills includes payments made from the operating or project budgets

for expenses of the city. The expenditures are from all funds of the city. Any purchased contracts requiring signature of the Mayor and City Administrator is hereby approved. Staff recommends approval of the abstract of bills for September 22, 2017 in the amount of $2,504,589.34 and September 29, 2017 in the amount of $811,070.09.


CITY COUNCIL AGENDA

OCTOBER 11, 2017

7:30 P.M.

7:50 p.m. 7. Public Hearings A. HealthEast Care System dba HealthEast Ways to Wellness, 1825 Woodwinds

Drive, On-Sale Culinary Class Liquor License Staff recommends Council:

1. Open Hearing

2. Close Hearing

3. Approve issuing an On-Sale Culinary Class Liquor License to HealthEast Care System dba HealthEast Ways to Wellness for their cooking establishment located at 1825 Woodwinds Drive subject to the conditions as outlined in Council Letter No. 17-264.

17-264

B. Certifying Delinquent Unpaid Special Charges – Property Cleanup to the

Washington County Auditor Staff recommends Council:

1. Open Hearing

2. Close Hearing

3. Adopt RESOLUTION NO. 17-173, a resolution Certifying Delinquent Unpaid Special Charges – Property Cleanup to the 2018 property taxes.

17-265

8:00 p.m. 8. Discussion No Items Scheduled 8:00 p.m. 9. Transportation Report (2nd meeting of the month – May through October) 8:00 p.m. 10. Administrator’s Report 8:05 p.m. 11. Adjourn to Closed Session A. Closed Session to discuss Martin N. Harstad et al. vs City of Woodbury Washington

County Court File No. 82-CV-16-115.

The City of Woodbury is subject to Title II of the Americans with Disabilities

Act which prohibits discrimination on the basis of disability by public entities. The City is committed to full implementation of the Act to our services, programs, and activities. Information regarding the provision of the Americans with Disabilities Act is available from the City Administrator's office at 651-714-3523. Auxiliary aids for disabled persons are available upon request at least 72 hours in advance of an event. Please call the ADA Coordinator, Clinton P. Gridley at 651-714-3523 (TDD 714-3568) to make arrangements.

4A

CITY OF WOODBURY, MINNESOTA Office of City Administrator

Council Letter No. 17-255 October 11, 2017 TO: The Honorable Mayor and Members of the City Council FROM: Clinton P. Gridley, City Administrator SUBJECT: Presentation of Awards to Photo Contest Winners SUMMARY Woodbury Magazine sponsored the 19th annual “Focus on Woodbury” photo contest, with online submittals due Aug. 31. The contest is open to Woodbury residents and employees of Woodbury businesses; five entries per person are allowed. This year’s contest drew 384 entries. Twenty-seven photos earned recognition. In addition to the regular five categories, a sixth category, “Historic,” was added to the contest this year to recognize the 50th anniversary of the City of Woodbury. Judges selected first, second, and third place winners in the six contest categories. Judges also awarded honorable mention to eight photos. Woodbury Magazine also invited its readers to cast votes for their favorite images; the photo receiving the most votes earned the “Readers’ Choice” award. Votes were cast online at woodburymag.com throughout September. Contest winners have been invited to tonight’s Council meeting to receive their awards and be recognized for their prize-winning efforts. RECOMMENDATION Council Members are requested to join Woodbury Magazine and staff in thanking our judges and congratulating contest winners, as well as everyone who entered this year’s contest. BUDGET IMPACT Woodbury Magazine operates the contest; minimal staff time is dedicated to this event. Entries were taken online at www.woodburymag.com throughout August. All winners receive certificates signed by Mayor Mary Giuliani Stephens.

Council Letter No. 17-255 October 11, 2017 Page 2 PUBLIC PROCESS The photo contest is publicized mainly through Woodbury Magazine, the City Update newsletter, the Woodbury website, the City’s Facebook page and the City’s Twitter feed. BACKGROUND The contest categories for 2017 were: nature, events, landmarks, pets, people and historic photos. Judges for this year’s contest were Woodbury Magazine staffers Emily Bretzel, senior managing art director; Debbie Musser, editor; Julie Pfitzinger, managing editor; and Taylor Severson, interim art director. First place photos will be published in the October City Update newsletter. All first-, second- and third-place photos will be displayed periodically on monitors at City Hall and Central Park. In addition, selected photos are published throughout the year in Woodbury Magazine. Written By: Megan Beck, Communications Specialist Approved Through: Jason Egerstrom, Communications Coordinator Attachments: List of 2017 photo contest winners

2017 Focus on Woodbury Photo Contest winners

Events 1st Place: The Ride of Their Lives by Joe Briol 2nd Place: Snow Globe by Mackenzie Harding 3rd Place: Woodbury Eclipse Party 2017 by Jonathan Hunt Honorable Mention: Sideline Soaring by Langley Melendres Honorable Mention: The Backyard Blast by Liz Boyer People 1st Place: “I Haven’t the Foggiest” by Mackenzie Harding 2nd Place: Ms. Farmer’s Market by Srilekha Senthil 3rd Place: Woodbury Girls by David Butenhoff Honorable Mention: Hot Dogs and Lemonade by Michele Zywiec Pets 1st Place: Daisy Mae Loves Water! by Renae Jensen 2nd Place: Contented Fallon by Lorrie Burdeski 3rd Place: Making the Bed by Jane Andersen Honorable Mention: Fall in Minnesota by Howard Hilde Honorable Mention: Be Careful by Karen Bradley Nature 1st Place: Up Close and Beautiful by Thanna Goff 2nd Place: Finding the Light by Christina Zheng 3rd Place: Ominous Solar Eclipse by Michaela Finley Honorable Mention: Turtle at the VFW Veterans Memorial by Ron Hawkins Honorable Mention: Woodbury vs. TC Fire by John Crouch Landmarks 1st Place: So Many Memories Inside by Karen Bradley 2nd Place: Tranquility by Karen Bradley 3rd Place: Sunset on the Cross by Michael Flaherty Honorable Mention: April Morning by Jane Anderson

- 2 -

Historic 1st Place: Scenes from the Stutzman Farm (Now Marsh Creek) by Patty (Stutzman) Paulus 2nd Place: Scenes from the Stutzman Farm (Now Marsh Creek) by Patty (Stutzman) Paulus 3rd Place: Then (1972) & Now (2017) by Greg and Gayla Nichols Readers’ Choice: Move Over, Rudolph, Herbie’s in Town! by Rachel Scholz

MINUTES WOODBURY CITY COUNCIL Wednesday, September 27, 2017

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6A Pursuant to the due call and notice thereof, a regular meeting was duly held at the Woodbury City Hall, 8301 Valley Creek Road, on the 27th day of September 2017.

CALL TO ORDER

Mayor Mary Stephens called the meeting to order at 7:30 p.m.

PLEDGE TO THE FLAG

Audience, staff, and Council pledged allegiance to the flag of the United States of America.

ROLL CALL

Upon roll call the following were present: Mayor Mary Stephens, Councilmembers: Amy Scoggins, Andrea Date, Julie Ohs and Christopher Burns. Absent: None

Others Present: Kimberlee K. Blaeser, City Clerk; Dwight Picha, Community Development Director; Klayton Eckles, Engineering and Public Works Director; Nick Vivian, City Attorney; Clinton Gridley, City Administrator; Karl Batalden, Housing and Economic Development Coordinator.

Mayor Stephens welcomed those watching at home to join the Council meetings and call City Hall if they need information. She also referred to the manila brochures located on the chairs entitled "Welcome to the Woodbury City Council Meeting" and noted there are Public Input Sign-Up Sheets, and invited audience members to sign them and give them to a staff member if they wished to comment during the meeting.

SPECIAL ORDER OF BUSINESS

A. National Bakery Day Proclamation

Mayor Stephens read the National Bakery Day Proclamation and moved, seconded by Councilmember Burns, to proclaim September 28, 2017 as National Bakery Day within the City of Woodbury.

Voting in Favor: Scoggins, Date, Ohs, Burns, Stephens Absent: None

Mr. Steve Conway of Dorothy Ann Bakery and Café came forward and received a copy of the proclamation.

B. Code Compliance Month Proclamation

The American Association of Code Enforcement (AACE), a national code enforcement organization, observes October as National Code Compliance Month. Recognition and support of such a designation illustrates the value and importance of code compliance. Mayor Stephens read the proclamation and moved, seconded by Councilmember Ohs, to proclaim the month of October as Code Compliance Month within the City of Woodbury.


OPEN FORUM

The Open Forum is a portion of the Council meeting where a maximum of three persons will be allowed to address the Council on subjects, which are not a part of the meeting agenda. Persons wishing to speak must complete a sign-


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up sheet prior to the start of the meeting. Give the sign-up sheet to any staff person. Speakers are limited to two minutes each. The Council will listen attentively to comments but, in most instances, will not respond at the meeting. Typically, replies to the concerns expressed will be made via letter or phone call within a week.

CONSENT AGENDA

All items listed under the consent agenda are considered to be routine by the City Council and will be enacted by one motion and an affirmative vote by roll call of a majority of the members present. There will be no separate discussion of these items unless a Councilmember or citizen so requests, in which event, the items will be removed from the consent agenda and considered a separate subject of discussion by the Council.

Item A Approval of Council Minutes – August 30, 2017

Item B To adopt the following resolution RESOL NO. 17-153

Resolution of the City of Woodbury, Washington County, Minnesota authorizing an acquisition in the amount of $51,290 for temporary and permanent easements from Karen and Gerald Argo for the Pioneer Drive from 500 feet north of Dale Road to One-quarter Mile south of Dale Road and Dale Road from Pioneer Drive to Erin Court Utility and Street Improvements project

To adopt the following resolution RESOL NO. 17-154

Resolution of the City of Woodbury, Washington County, Minnesota authorizing an acquisition in the amount of $57,850 for temporary and permanent easements from Monica and Mark Frazer for the Pioneer Drive from 500 feet north of Dale Road to One-quarter Mile south of Dale Road and Dale Road from Pioneer Drive to Erin Court Utility and Street Improvements project


Resolution of the City of Woodbury, Washington County, Minnesota approving the plans and specifications and establishing an October 26, 2017 bid date for the Pioneer Drive from 500 feet north of Dale Road to One-quarter Mile south of Dale Road and Dale Road from Pioneer Drive to Erin Court Utility and Street Improvements project


Resolution of the City of Woodbury, Washington County, Minnesota prohibiting the parking of motor vehicles on either side of Pioneer Drive (MSAS 202+00.00 through 223+31.43) from 500 feet north of Dale Road to 1500 feet south of Dale Road, and on either side of Dale Road (MSAS 107+72.00 through 140+12.88) 600 feet west of Pioneer Drive to 700 feet east of Erin Court, for submittal to the Minnesota Department of Transportation as part of the Municipal State System procedures


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Item C To adopt the following resolution RESOL NO. 17-157

Resolution of the City of Woodbury, Washington County, Minnesota authorizing the Mayor and City Administrator to negotiate and execute a contract with Short Elliott Hendrickson Inc. as consultant for the Tamarack Trunk Sanitary Sewer Rehabilitation project, authorizing the preparation of plans and specifications for the Tamarack Trunk Sanitary Sewer Rehabilitation project and amending the 2017 Water and Sewer Utility fund budget

Item D Approval of the Fraser Addition, Final Plat, Project No. 03-2017-00276 subject to the following conditions:

1. The Site and Building Plan conditions remain in full effect, 2. Prior to the release of the Final Plat, all permanent easements and rights-of-way (R-O-W)

necessary for existing and proposed street and utility improvements shall be granted to the City at no cost.

3. The Applicant shall be financially responsible for 100% of all storm sewer, sanitary sewer and water main area and connection charges applicable to the property.

Item E Approval of The Glen at Valley Creek Final Plat and Development Agreement, Project No. 17-2017-00226. Staff further recommends Council authorize the Mayor and City Administrator to execute the Development Agreement with all approvals subject to the following conditions:

1. All conditions of Planned Unit Development and Preliminary Plat approval shall remain in full force and effect.

2. Prior to the issuance of a Final Plat for recording, the Developer shall provide updated plans showing drainage and roadway easements. These plans shall be reviewed and approved by the Engineering Department.

3. The Developer shall be financially responsible for 100 percent of all storm sewer, sanitary sewer and water main area and connection charges applicable to the property. These charges are identified in a preliminary report prepared for the project and shall be in the Development Agreement.

4. All permanent easements and rights-of-way (ROW) necessary for existing and proposed street and utility improvements shall be granted to the City at no cost or paid for by the Developer.

5. The Developer shall receive written approval that all obligations have been completed prior to dedicating all outlots. Any and all future tax obligations shall be paid by the Developer.

6. The Final Plat shall be recorded prior to issuance of a building permit.

Item F Approval of Woodbury Lakes 3rd Addition Final Plat, Project No. 04-2017-00273 subject to the following conditions:

1. The original Planned Unit Development and Conditional Use Permit remains in full force and effect.

2. Prior to the release of the Final Plat, all permanent easements and rights-of-way (R-O-W) necessary for existing and proposed street and utility improvements shall be granted to the City at no cost.


Item G Approval of Artis Senior Living of Woodbury Final Plat, Project No. 17-2017-00249. Staff further recommends Council authorize the Mayor and City Administrator to execute the Development Agreement with all approvals subject to the following conditions:


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1. All conditions of the Conditional Use Permit and Preliminary Plat approval shall remain in full force and effect.

2. Prior to the issuance of a Final Plat for recording, the Developer shall provide updated plans showing drainage easements on adjacent properties. The plans and easements shall be reviewed and approved by the Engineering Department.

3. Prior to the release of the Final Plat for recording, the Applicant shall enter into a Development Agreement.

4. All permanent easements and rights-of-way (ROW) necessary for existing and proposed street and utility improvements shall be granted to the City at no cost or paid for by the Developer.

5. The Developer shall be financially responsible for 100 percent of all storm sewer, sanitary sewer and water main area and connection charges applicable to the property. These charges are identified in a preliminary report prepared for the project and shall be in the Development Agreement.

6. The Final Plat shall be recorded prior to issuance of a building permit.

Item H To adopt the following resolution RESOL NO. 17-158

Resolution of the City of Woodbury, Washington County, Minnesota authorizing the Woodbury Public Safety Department to accept the 2017-2018 Toward Zero Deaths (TZD) Traffic Safety Enforcement Grant funds from the Minnesota Department of Public Safety, Office of Traffic Safety

Item I To adopt the following resolution RESOL NO. 17-159

Resolution of the City of Woodbury, Washington County, Minnesota appointing Steven Despiegelaere to the non-exempt position of Paid-on-Call Firefighter/EMT effective September 28, 2017

Item J To adopt the following resolution RESOL NO. 17-160

Resolution of the City of Woodbury, Washington County, Minnesota appointing Spencer Lewison to the full time position of Paramedic effective September 28, 2017 and James Heck to the full time position of Paramedic effective November 6, 2017

Item K To adopt the following resolution RESOL NO. 17-161

Resolution of the City of Woodbury, Washington County, Minnesota appointing Andrew Stoffel to the position of Building Maintenance Technician effective September 28, 2017

Item L The abstract of bills includes payments made from the operating or project budgets for expenses of the city. The expenditures are from all funds of the city. Any purchased contracts requiring signature of the mayor and City Administrator is hereby approved. Staff recommends approval of the abstract of bills for August 25, 2017 in the amount of $1,252,105.37, September 1, 2017 in the amount of $918,428.48, September 8, 2017 in the amount of $1,300,484.47 and September 15, 2017 in the amount of $1,144,496.06.


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Mayor Stephens moved, seconded by Councilmember Scoggins, to approve the Consent Agenda items.

Voting via voice:

Amy Scoggins – aye Andrea Date – aye Julie Ohs – aye Christopher Burns – aye

Mary Stephens – aye

PUBLIC HEARINGS

A. Adoption of the 2016 CAPER

Mayor Stephens declared the public hearing open and recognized Mr. Karl Batalden, Housing and Economic Development Coordinator to give the background.

Mr. Batalden explained that the City of Woodbury is a recipient of some federal pass-through dollars from the US Department of Housing and Urban Development (HUD). Each fall, the City must submit a Consolidated Annual Performance Evaluation Report (CAPER), which reports on the accomplishments during the program year (July 2016 to June 2017).

Program Year 2016 Milestones January 2016 public meeting on funding priorities for 2016 Annual Action Plan (AAP) January 2016 City Council adopted funding priorities for the 2016 AAP March 2016 public hearing regarding the proposed 2016 AAP April 2016 community meeting to gather input regarding the proposed 2016 AAP May 2016 City Council adoption of the 2016 AAP August 2017 community meeting to review the draft 2016 CAPER

Program Year 2016 Performance CDBG and HOME timely spending tests were met Investments during the program year (PY) 2016

o Carver Lake Park Rehab ($175,506.32 in CDBG expenditures during PY16 completing this activity which had seen previous expenditures in an amount of $65,679.39 during PY15)

o Evergreen West Park Rehab ($60,647.31 in CDBG expenditures with additional investments forthcoming in PY17)

o Project administration ($31,024.57 in CDBG) o HOME Administrative Fee to Dakota County ($1,467 in HOME) o The 2016 AAP appropriated just more than $200,000 of CDBG and HOME to The Glen at Valley

Creek The project’s permanent financing has been delayed The Council acted via Resolution to extend the CDBG and HOME approvals to April 13,

2018

Mayor Stephens noted that The Glen at Valley Creek final plan and development agreement had been approved in the Consent Agenda portion of the meeting. She then asked if the funding was coming in on that as well. Mr. Batalden replied that it was staff’s understanding that the private activity bonds that would be needed for the permanent financing should be in place in the late first quarter of 2018.


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Councilmember Burns moved, seconded by Councilmember Scoggins, to close the public hearing.


Mayor Stephens opened opportunity for discussion and questions from the Council.

Councilmember Scoggins moved, seconded by Councilmember Ohs,


Resolution of the City of Woodbury, Washington County, Minnesota adopting the 2016 Consolidated Annual Performance and Evaluation Report

Voting via voice:



B. Schilling Place, Outlot A and Outlot B, Vacation of Drainage and Utility Easements

Mayor Stephens declared the public hearing open and recognized Mr. Klayton Eckles, Engineering and Public Works Director to give the background.

Mr. Eckles explained that this is a rather procedural public hearing, which are required anytime easements are vacated. Typically, the City obtains an easements for specific purposes when plats occur as it is difficult to obtain them afterwards.

The City had obtained blanket easements across Outlot A and Outlot B when the Shilling Place was platted; however, they are now in the process of being replatted and some of the areas will become buildable and some will be for the permanent stormwater pond. The vacating of these easements will clean up that plat.

Reasons for Vacating the Easement A public drainage and utility easement was previously dedicated to the City where there is no longer a need

for the full extend of the easement Easement area to be vacated is no longer necessary New easement dedicated with re-platting of the property, Schilling Place 2nd Addition

Mr. Eckles shared the location map of the entire property, which is located between Finley Road and Bailey Road. He also shared an image of the easement location to be vacated and an image of the Schilling Place 2nd Addition.

Councilmember Burns moved, seconded by Councilmember Ohs, to close the public hearing.


Mayor Stephens opened opportunity for discussion and questions from the Council.


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Councilmember Ohs moved, seconded by Councilmember Burns,


Resolution of the City of Woodbury, Washington County, Minnesota ordering to vacate all of the drainage and utility easement over, under, and across Outlot A & Outlot B, according to the recorded Schilling Place plat thereof, City of Woodbury, Washington County, Minnesota

Voting via voice:



DISCUSSION

A. Setting Proposed 2018 Levy and Public Hearing on Proposed Budget/Levy

Mr. Clinton Gridley, City Administrator explained that state statute requires the City Council set a Preliminary Property Tax Levy. He also noted that his presentation would focus around the state of the City and the Preliminary Levy and that the other aspects to the budget were covered during the September 13, 2017 City Council Budget workshop meeting.

Guide to the Budget Executive Summary General Fund Special Revenue Funds Capital Projects Funds Enterprise Funds Debt Service Fund Statistical and Supplemental Data

Budget Development Process Divisions/Sections Departments Finance Department City Administrator City Council Public Truth-in-Taxation Meeting

Public Budget Consideration Process April 2017 – City Council Budget Workshop May 2017 – City Council Budget Workshop May 2017 – Adoption of 2018-2022 Capital Improvement Plan July 2017 – City Council Budget Workshop September 2017 – City Council Budget Workshop September 2017 – Adoption of the proposed Property Tax levy and set Truth-in-Taxation public meeting

date and Adoption of the Proposed HRA Property Tax levy


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November 2017 – Council Workshop budget update December 2017 – Truth-in-Taxation public meeting and adoption of the Final Property Tax Levy and

Budget

Trends, Financial Facts & Outlook Budgeting Guiding Principles

o Operating and capital budget decisions should support and reflect the City’s vision, mission, and goals

o The budget should address the City’s current needs and position Woodbury to meet the future needs of a growing, aging, and diversifying population

o Consider changes in the city’s tax base, tax rate, tax impact on property owners, population, inflation, service deliver changes and economic trends affecting city property taxpayers when adopting the property tax levy and service rates

o Adhere to fund balance, debt service, and other financial policies to ensure the ongoing financial health of the City and protection of our AAA bond rating

o Make strategic investments in our human resources to attract and retain a qualified workforce Dynamic Changes

o Water provision is a dynamic area of change o Public Safety protection is another dynamic area of change o Technology implementations in workplace

Charts / Graphs o Serving a growing population – projected to be 87,800 o Strong economic indicators – unemployment rate is below the US and the State of Minnesota o Sharp decline in sheriff’s sales last 7 years – down to 23 o Stable property tax collection rates – over 99% collection rate o Net fiscal disparities contribution / distribution values – net loss has been stable over the last few

years Recognized Community

o AAA Bond Rating o Performance Measurement Excellence Award o GFA for financial reporting o Best Places to Live in the US

Standard & Poors AAA Bond Rated o Very strong fund general balance o Very strong economy o Strong financial management o Strong budgetary performance o Very strong budgetary flexibility and liquidity o Weak debt and contingent liability position o Strong institutional framework score

2018 Property Tax Budget Drivers Service demands from a growing population Employment costs – largest expense category Added position 2+ Technology to ensure efficient operations & security of digital infrastructure Funding for road maintenance

2018 Budget Highlights Where does our money come from?

o Approximately 41% of our overall budget comes from taxes o Approximately 13% of our overall budget comes from Water & Sewer Charges o Remaining sources are less than 10% each

Where does the money go (total expenditures)? o Approximately 41% goes to the General Fund


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o Approximately 24% to the various Enterprise funds o Approximately 20% to Capital Improvement Projects o Remaining expenditures are less than 10% each

Where does the money go (by department)? o Approximately 44% to Engineering & Public Works o Approximately 22% to Public Safety o Approximately 15% to Parks & Recreation o Remaining are less than 10% per department

Where does the money go (by expenditure type) o Approximately 40% for Personnel Services o Approximately 27% for Capital Outlay o Approximately 25% for Operating o Approximately 8% for Debt Service

The Budget-at-a-glance can be found on page 10 of the budget document.

Major Budget Items (top 3) Resurfaced roads and trails ($11,500,000) Water & Sewer rehabilitation projects ($3,300,000) Ojibway Park master plan and improvements ($2,500,000)

From 1998 to 2022, approximately 95% of all of the city roads will be resurfaced

2018 Recommended New Position Upgrading Assistant to the City Administrator to Assistant City Administrator 2 – Paramedic – EMS Fund Administrative Assistant – Police Public Service Worker – Parks & Forestry Division Public Service Worker – Water & Sewer Utility Fund

Other Charts & Graphs Employees per 1,000 Capita = 4.48 Debt Service Funds - $3.2M levy / under 10% Certified Property Tax Levy Changes – the proposed 3.79% levy is substantially below the 25 year increase

average at a little over 9% and is below the 15 year average at 4.6%; and is in keeping with the last several years

Cumulative Levy Growth Less Than Population + Inflation Taxable Market Value Change – Strong Property Valuation Growth Rising Property Values

o Median Value of Residential Parcel in Woodbury is just under $300,000 (13% increase since 2010)

o Annual Taxable Market Value – exceeded the $8B number Stable, Solid Housing Growth Trend

o New Housing Units Constructed estimated to be 333 in 2018 2017 One of Our Best Commercial years

o New Commercial Construction – second best year since 2008

Tax Base Changes Taxable Market Value Change: +8.1% Value of New Construction: $165 million Median Value Home change: +6.8%


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Property Tax Calculation For Governments

o Property Tax Levy divided by Tax Base = Tax Rate For Taxpayers

o Parcel Valuation x Tax Rate = Tax Bill

Estimated Impact of Levy Increase Home Valued at $296,700 for Pay 2018 (assuming an 8% value increase from 2017 to 2018)

o 2018 Levy Change = 3.79% o Actual Pay 2017 = $973 o Estimated Pay 2018 = $1,004 o Change from 2017 to 2018 = $31 o % Change from 2017 to 2018 = 3.2%

Variable Property Tax Impacts Falling Tax Rates Tax Rate Comparison – Woodbury is 7th lowest Levy Percent Change Comparison – Woodbury is 6th lowest

Summary 3.79% levy increase (3.84% last year) $31 increase in median value home property tax impact Net position addition of 6 full-time employees 4.1% property tax rate drop

Specific Funds Overview Special Revenue Funds

o Fire Relief Pension o Emergency Medical Services

2 Paramedics o Housing and Urban Development (HUD) o Economic Development Authority (EDA) o Housing and Redevelopment Authority (HRA)

Capital Project Funds o Park Dedication Fund o Tax Abatement Plan I-94 Region Fund o Street Reconstruction / Maintenance Fund o Capital Improvement Fund

Enterprise Funds o Water Utility o Sewer Utility o Storm Water Utility o Street Lighting Utility o HealthEast Sports Center Fund (HSC) o Eagle Valley Golf Course Fund (EVGC)

The question that is asked most often is ‘if my property value has gone up, will my property taxes automatically rise too?’.

1. Property values are used to “distribute” the tax burden; it doesn’t create the tax burden 2. Property values are set independently by Washington County 3. The City Council controls only the City levy 4. The levy amount is fixed and does not grow or fall based on changes in property valuation 5. Each home’s characteristics and valuation are unique; it is hard to compare home-to-home 6. The degree of change in property taxes will be impacted by the level of increase or decrease in home value

compared to the average


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7. Property Value sets your proportionate share of the city’s tax dollars

Councilmember Ohs moved, seconded by Councilmember Scoggins,

To adopt the following resolution RESOL NO 17-164

Resolution of the City of Woodbury, Washington County, Minnesota establishing a proposed tax levy and budget for 2018 for purposes of the Truth-in-Taxation public meeting

Voting via voice:

Amy Scoggins – aye Andrea Date – aye Julie Ohs – aye Christopher Burns – nay Mary Stephens – aye

Councilmember Ohs moved, seconded by Councilmember Date,

To adopt the following resolution RESOL NO 17-165

Resolution of the City of Woodbury, Washington County, Minnesota approving the proposed 2018 HRA tax levy for purposes of the Truth-in-Taxation public meeting

Voting via voice:

Amy Scoggins – aye Andrea Date – aye Julie Ohs – aye Christopher Burns – aye Mary Stephens – aye

Councilmember Ohs moved, seconded by Councilmember Burns, to adopt a motion confirming that the Truth-in-Taxation public meeting is scheduled for Wednesday, December 13, 2017 at 7:30 p.m.


TRANSPORTATION REPORT (2nd meeting of the month, May-October)

Mr. Klayton Eckles, Engineering and Public Works Director gave a brief transportation report as follows:

2017 Roadway Rehabilitation Project Approximately $11-$12M project Many miles of roadway – the biggest project to date Good weather and successful contractor and subcontractors The project has gone very well Phases 1 through 4 are substantially complete, turf is in place, and staff is reviewing the turf establishment

and have a few minor areas to fix. Staff welcomes feedback from the residents. Phase 5 is in the topsoil and seeding section, the final lift of blacktop is scheduled for next week Phases 6 and 7 are in the earlier stages; curb replacement through next week, the paving work will take

place shortly after the curb replacement has set and the manholes are adjusted and other minor


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improvements made. Expect to see some paving activities by mid-October, with substantial completion by the end of October.

The City holds the contractor responsible for establishing turf and taking care of any problems or issues, so staff will do another inspection of the whole project next year

Woodbury Drive – Pavement Project Between Tamarack Road and Park Crossing will be repaired with an overlay Because of a major work area – replacing a pipe underneath the roadway – they have elected to close the

entire road section and detour the traffic. If they close the entire section for approximately a week they can get the whole project done rather than disrupting traffic for a much longer period of time (approx. 6 weeks) with partial lane closures.

The delay on the State project on Manning Avenue (which has just opened to traffic) caused a delay on the Woodbury Drive project

Final Street Projects – substantially completed by the end of the month South Ridge 1st and 2nd Additions Ashton Ridge Eastview Place 1st Addition East Meadows Stonemill Farms 15th Addition

Mayor Stephens asked for clarification of when Woodbury Drive would be closed. Mr. Eckles replied that it would be closed beginning September 27 through October 3, 2017. She asked that the County make sure that businesses in the affected area have appropriate signage to let residents know how to get to them.

ADMINISTRATOR'S REPORT

Mr. Clinton Gridley, City Administrator gave a verbal update of upcoming City meetings.

Neighborhood Meeting 1. 2018 Roadway Rehabilitation Project – Wedgewood Neighborhood, Oct. 4, 5:30 p.m., Eagle Valley Golf

Course Banquet Room 2. 2018 Roadway Rehabilitation Project – Eagle Valley Neighborhood, Oct. 4, 7 p.m., Eagle Valley Golf

Course Banquet Room

Planning Commission Meeting, October 2, 2017 1. Antenna Ordinance 2. Uptown Suites at CityPlace, Site and Building Plan, Project No. 04-2017-00266

Council Workshop Meeting, October 18, 2017 1. Ojibway Park Design Development 2. HERO Center Update 3. Fee Ordinance

Council Meeting, October 11, 2017 1. HealthEast Care System dba HealthEast Ways to Wellness, On Sale Culinary Class Liquor License 2. Certifying Delinquent Unpaid Special Charges – Property Cleanup to the Washington County Auditor


Page 13 of 13

Other Meetings 1. Economic Development Commission, Sept. 28, 7:30 a.m., Ash and Birch Conference Rooms 2. Park and Natural Resources Commission, Oct. 3, 7 p.m., HealthEast Sports Center, Upper Level

Conference Room

ADJOURNMENT

Mayor Stephens adjourned the meeting at 8:27 p.m. to a Council Workshop

Respectfully submitted,

__________________________________________ Kimberlee K. Blaeser, City Clerk Approved by the Woodbury City Council on October 11, 2017

6B CITY OF WOODBURY, MINNESOTA

Office of City Administrator

Council Letter No. 17-256 October 11, 2017 TO: The Honorable Mayor and Members of the City Council FROM: Clinton P. Gridley, City Administrator SUBJECT: City Place 4th Addition

Final Plat Project No. 04-2017-00274

SUMMARY Elion III City Place Office LLC has submitted an application for Final Plat approval to create five new lots of record and three outlots for future development. The property is located at the southeast corner of Radio Drive and Interstate 94. The property is zoned GW, Gateway District, and is guided as Places to Work on the Land Use Plan. RECOMMENDATION Staff recommends Council approval of City Place 4th Addition, Final Plat, Project No. 04-2017-00274 subject to the following conditions: 1. The original Planned Unit Development and Conditional Use Permit remains in full force

and effect. 2. Prior to the release of the Final Plat, all permanent easements and rights-of-way (R-O-W)

necessary for existing and proposed street and utility improvements shall be granted to the City at no cost.


PUBLIC PROCESS N/A BACKGROUND At their August 6, 2014 meeting, the City Council approved the CityPlace project. The development approval included preservation of the existing office land uses, a grocery-anchored retail development, hotel sites, restaurants, banks and additional office buildings on 96 acres of land.

Council Letter No. 17-256 October 11, 2017 Page 2 of 3 The Amended Planned Unit Development was approved on June 28, 2017 by City Council. The Amended Planned Unit Development site plan identified seven (7) additional office buildings, a third hotel for the site, and a Class I restaurant. Written By: Gina Gore, Community Development Technician Approved Through: Eric Searles, City Planner

Dwight W. Picha, Community Development Director Attachments: 11 x 17 Plans

Council Letter No. 17-256 October 11, 2017 Page 3 of 3

6C CITY OF WOODBURY, MINNESOTA

Office of City Administrator Council Letter No. 17-257 October 11, 2017 TO: The Honorable Mayor and Members of the City Council FROM: Clinton P. Gridley, City Administrator SUBJECT: Tamarack Trunk Sanitary Sewer Rehabilitation

Approve Plans and Specifications Establish Bid Date

SUMMARY On September 26, 2017, the City Council authorized preparation of plans and specifications for the Tamarack Trunk Sanitary Sewer Rehabilitation Improvements. Based on routine inspections, numerous sanitary sewer structures and pipes have been identified as requiring severe maintenance and repair at this time. This project will include the 1970 Tamarack Trunk Sanitary Sewer Extensions and 1982 Timberlea Estates Sewer Extensions. The exact project components have been determined with preparation of plans and specifications and detailed cost estimates. The plans and specifications have been completed and are being recommended for Council approval. RECOMMENDATION Staff recommends Council adopt the attached resolution approving the plans and specifications and establishing a November 30, 2017, bid date for the Tamarack Trunk Sanitary Sewer Rehabilitation Improvements. BUDGET IMPACT The estimated project cost to complete the Tamarack Trunk Sanitary Sewer Rehabilitation Improvements, including engineering and administrative cost, is $1,538,000. A budget amendment for the consultant costs in the amount of $151,500 was requested and approved on September 27, 2017 City Council meeting, the remaining amount of the project funding, $1,386,500 is in the 2018 Water & Sewer Utility Fund/Sewer Division budget. Written By: Theron Drier, Engineering Project Coordinator Approved Through: John Bradford, Engineering and Public Works Deputy Director/City Engineer Attachments: Resolution Engineering File No: 08-2017-02

RESOLUTION NO. 17

RESOLUTION OF THE CITY OF WOODBURY, WASHINGTON COUNTY, MINNESOTA

APPROVING THE PLANS AND SPECIFICATIONS AND ESTABLISHING A

NOVEMBER 30, 2017 BID DATE FOR THE TAMARACK TRUNK SANITARY SEWER REHABILITATION IMPROVEMENTS

WHEREAS, the City Council has authorized the preparation of construction plans and specifications for the Tamarack Trunk Sanitary Sewer Rehabilitation Improvements.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of

Woodbury, Washington County, Minnesota as follows: 1. The plans and specifications for the Tamarack Trunk Sanitary Sewer

Rehabilitation Improvements, which were prepared pursuant to the City Council’s authorization, are hereby approved as the plans and specifications in accordance with which said improvements shall be constructed.

2. That a date to receive bids for said improvements is hereby established on

November 30, 2017, or as amended by the city engineer. 3. That the City Clerk is hereby directed to cause to be published in the

Woodbury Bulletin and in Finance and Commerce, at least twenty-one (21) days before the date for opening of bids, a notice to bidders for the construction of said improvements as required by law.

This Resolution was declared duly passed and adopted and was signed by the

Mayor and attested to by the City Administrator this 11th day of October, 2017. Attest: Mary Giuliani Stephens, Mayor Clinton P. Gridley, City Administrator (SEAL)

6D CITY OF WOODBURY, MINNESOTA

Office of City Administrator Council Letter No. 17-258 October 11, 2017 TO: The Honorable Mayor and Members of the City Council FROM: Clinton P. Gridley, City Administrator SUBJECT: Vehicle Purchase – Replace Squad 1313

One Ford Utility Police Interceptor Budget Amendment

SUMMARY Staff requests Council authorize a budget amendment to the 2017 Capital Improvement Fund (CIF) for the purchase of one Ford Utility Police Interceptor, which will replace primary squad 1313 Ford Utility Police Interceptor which was identified as a total loss by the League of Minnesota Cities Insurance Trust (LMCIT) due to a vehicle accident. More specifically, staff requests approval to purchase one Ford Utility Police Interceptor from Ford of Hibbing. This purchase will be funded from the Capital Improvement Fund and the Risk Management Fund. RECOMMENDATION Staff recommends Council adopt the attached resolution approving the purchase of one Ford Utility Police Interceptor vehicle from Ford of Hibbing for an amount not to exceed $44,500 through the State of Minnesota Cooperative Purchasing Venture.

BUDGET IMPACT The bid submitted by Ford of Hibbing as well as other costs associated with the purchase, is as follows: One, Ford Sedan Police Interceptor, Ford $28,510Unforeseen minor specification changes $531Subtotal – total not to exceed amount payable to Ford of Hibbing $29,041Minnesota title and license $21City required equipment $15,438Total – not to exceed purchase cost $44,500Risk Management Fund $26,259Capital Improvement Fund $18,241

Council Letter No. 17-258 October 11, 2017 Page 2 Purchase costs not to exceed $44,500. A budget adjustment to the Risk Management Fund in the amount of $26,259 and a budget amendment to the 2017 CIF in the amount of $18,241 are necessary to complete this purchase. The Risk Management fund will reimburse the Capital Improvement fund by a transfer of funds to the extent of the vehicle value as determined by the LMCIT. CONTRACT AWARD The State of Minnesota Cooperative Purchasing Venture has issued a contract for this type and model of equipment as follows:

VENDOR CONTRACT NUMBER EQUIPMENTFord of Hibbing 83064 Ford Utility Police Interceptor By purchasing vehicles and equipment through the State of Minnesota Cooperative Purchasing Venture, the City saves time and expense of developing individual specifications and advertising. Because the state goes through a “public bidding process,” it meets all of the City purchasing requirements. BACKGROUND Due to a vehicle accident involving unit 1313 Ford Utility Police Interceptor, Fleet Services filed a claim with the League of Minnesota Cities Insurance and the League of Minnesota Cities Insurance deemed unit 1313 a total loss. This vehicle is mission critical. Staff recommends the immediate replacement of unit 1313 be included in the 2017 CIF which will allow a replacement to be received within 12-weeks. Written By: Dan Solheid, Fleet Supervisor

Tim Johnson, Finance Director Approved Through: John Bradford, Engineering and Public Works Deputy Director/City Engineer Attachments: Resolution

RESOLUTION NO. 17-


APPROVING THE PURCHASE OF ONE FORD UTILITY POLICE

INTERCEPTOR FROM FORD OF HIBBING FOR AN AMOUNT NOT TO EXCEED $44,500 THROUGH THE STATE OF MINNESOTA COOPERATIVE

PURCHASING VENTURE AND 2017 BUDGET AMENDMENT

WHEREAS, the State of Minnesota has a Cooperative Purchasing Venture; and WHEREAS, The City of Woodbury is a member of the State of Minnesota

Cooperative Purchasing Venture; and WHEREAS, the State of Minnesota has awarded the Ford Utility Police

Interceptor to Ford of Hibbing of Hibbing, Minnesota, Contract No. 83064; and WHEREAS, the City of Woodbury wishes to purchase one Ford Utility Police

Interceptor under said contract. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of

Woodbury, Washington County, Minnesota as follows: 1. That the bid of Ford of Hibbing in the amount not to exceed $44,500 for the

purchase of one new Ford Utility Police Interceptor is the lowest bid under the State of Minnesota Cooperative Purchasing Venture.

2. That a contract to purchase this equipment is awarded to Ford of Hibbing of

Hibbing, Minnesota and that the Mayor and City Administrator are hereby authorized and directed to enter into a contract with said bidder.

BE IT FURTHER RESOLVED by the City Council of the City of Woodbury,

Washington County, Minnesota to approve the following revenue increases (decreases) to the 2017 Budget:

Fund/Account Amount Capital Improvement Fund – Use of Fund Balance 421-000-00-00000-4424 $18,241 Capital Improvement Fund – Transfer In from Risk Management Fund 421-000-00-00000-4420 $26,259

BE IT RESOLVED that the following 2017 expenditure increases (decreases) be made:

Resolution No. 17- October 11, 2017 Page 2 Fund/Division/Account Amount Capital Improvement Fund – Rolling Stock 421-025-00-00000-5514 $44,500 Risk Management Fund – Transfer to Capital Improvement Fund 720-090-00-00000-5701 $26,259 Risk Management Fund – Property and Casualty Deductibles 720-090-00-00000-5355 ($26,259)



6E CITY OF WOODBURY, MINNESOTA

Office of City Administrator Council Letter No. 17-259 October 11, 2017 TO: The Honorable Mayor and Members of the City Council FROM: Clinton P. Gridley, City Administrator SUBJECT: Vehicle Purchase - Replace Squad 1670

One Ford Utility Police Interceptor Budget Amendment

SUMMARY Staff requests Council authorize a budget amendment to the 2017 Capital Improvement Fund (CIF) for the purchase of one Ford Utility Police Interceptor, which will replace Community Service Officer squad 1670 Ford Utility Police Interceptor which was identified as a total loss by the League of Minnesota Cities Insurance Trust (LMCIT) due to a vehicle accident. More specifically, staff requests approval to purchase one Ford Utility Police Interceptor from Ford of Hibbing. This purchase will be funded from the Capital Improvement Fund and the Risk Management Fund. RECOMMENDATION Staff recommends Council adopt the attached resolution approving the purchase of one Ford Utility Police Interceptor vehicle from Ford of Hibbing for an amount not to exceed $35,008 through the State of Minnesota Cooperative Purchasing Venture.

BUDGET IMPACT The bid submitted by Ford of Hibbing as well as other costs associated with the purchase, is as follows: One, Ford Sedan Police Interceptor, Ford $28,530Unforeseen minor specification changes $500Subtotal – total not to exceed amount payable to Ford of Hibbing $29,030Minnesota tax, title and license $1,894City required equipment $4,084Total – not to exceed purchase cost $35,008Risk Management Fund $23,644Capital Improvement Fund $11,364

Council Letter No. 17-259 October 11, 2017 Page 2 Purchase costs not to exceed $35,008. A budget adjustment to the Risk Management Fund in the amount of $23,644 and a budget amendment to the 2017 CIF in the amount of $11,364 are necessary to complete this purchase. The Risk Management fund will reimburse the Capital Improvement fund by a transfer of funds to the extent of the vehicle value as determined by the LMCIT. CONTRACT AWARD The State of Minnesota Cooperative Purchasing Venture has issued a contract for this type and model of equipment as follows:

VENDOR CONTRACT NUMBER EQUIPMENTFord of Hibbing 83064 Ford Utility Police Interceptor By purchasing vehicles and equipment through the State of Minnesota Cooperative Purchasing Venture, the City saves time and expense of developing individual specifications and advertising. Because the state goes through a “public bidding process,” it meets all of the City purchasing requirements. BACKGROUND Due to a vehicle accident involving unit 1670 Ford Utility Police Interceptor, Fleet Services filed a claim with the League of Minnesota Cities Insurance and the League of Minnesota Cities Insurance deemed unit 1670 a total loss. This vehicle is mission critical. Staff recommends the immediate replacement of unit 1670 be included in the 2017 CIF which will allow a replacement to be received within 12 weeks. Written By: Dan Solheid, Fleet Supervisor

Tim Johnson, Finance Director Approved Through: John Bradford, Engineering and Public Works Deputy Director / City

Engineer Attachments: Resolution

RESOLUTION NO. 17-


APPROVING THE PURCHASE OF ONE FORD UTILITY POLICE

INTERCEPTOR FROM FORD OF HIBBING FOR AN AMOUNT NOT TO EXCEED $35,008 THROUGH THE STATE OF MINNESOTA

COOPERATIVE PURCHASING VENTURE AND 2017 BUDGET AMENDMENT

WHEREAS, the State of Minnesota has a Cooperative Purchasing Venture; and WHEREAS, The City of Woodbury is a member of the State of Minnesota

Cooperative Purchasing Venture; and WHEREAS, the State of Minnesota has awarded the Ford Utility Police

Interceptor to Ford of Hibbing of Hibbing, Minnesota, Contract No. 83064; and WHEREAS, the City of Woodbury wishes to purchase one Ford Utility Police

Interceptor under said contract. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of

Woodbury, Washington County, Minnesota as follows: 1. That the bid of Ford of Hibbing in the amount not to exceed $35,008 for the

purchase of one new Ford Utility Police Interceptor is the lowest bid under the State of Minnesota Cooperative Purchasing Venture.

2. That a contract to purchase this equipment is awarded to Ford of Hibbing of

Hibbing, Minnesota and that the Mayor and City Administrator are hereby authorized and directed to enter into a contract with said bidder.

BE IT FURTHER RESOLVED by the City Council of the City of Woodbury,

Washington County, Minnesota to approve the following revenue increases (decreases) to the 2017 Budget:

Fund/Account Amount Capital Improvement Fund – Use of Fund Balance 421-000-00-00000-4424 $11,364 Capital Improvement Fund – Transfer In from Risk Management Fund 421-000-00-00000-4420 $23,644

Resolution No. 17- October 11, 2017 Page 2

BE IT RESOLVED that the following 2017 expenditure increases (decreases) be made:

Fund/Division/Account Amount Capital Improvement Fund – Rolling Stock 421-025-00-00000-5514 $35,008 Risk Management Fund – Transfer to Capital Improvement Fund 720-090-00-00000-5701 $23,644 Risk Management Fund – Property and Casualty Deductibles 720-090-00-00000-5355 ($23,644)



6F CITY OF WOODBURY, MINNESOTA

Office of City Administrator Council Letter No. 17-260 October 11, 2017 TO: The Honorable Mayor and Members of the City Council FROM: Clinton P. Gridley, City Administrator SUBJECT: 2018 Roadway Rehabilitation Project

Set Public Improvement Hearing SUMMARY On June 14, 2017, the City Council authorized the preparation of the preliminary reports for the 2018 Roadway Rehabilitation project as shown on the location map. The preliminary reports are currently being prepared to address the existing conditions and proposed improvements, cost estimates, cost allocation, financing, and schedule of the project. In order to proceed with the project, the next step is to set a date for the public improvement hearing. Preliminary reports will be presented at the hearing. The Council is being asked to establish a public improvement hearing date of November 8, 2017. RECOMMENDATION Staff recommends Council adopt the attached resolution establishing a public improvement hearing date of November 8, 2017 for the 2018 Roadway Rehabilitation Project. BUDGET IMPACT The estimated costs and funding for the 2018 Roadway Rehabilitation project are shown below. Updated cost estimates and funding will be available upon completion of the preliminary reports.

Project

Street Recon./

Maint. Fund

Storm Water Utility Fund

Water & Sewer Utility Fund

Assessments Total 2018 Roadway Rehabilitation Project $4,345,000 $532,000 $443,000 $5,833,000 $11,153,000

Total $4,345,000 $532,000 $443,000 $5,833,000 $11,153,000

Council Letter No. 17-260 October 11, 2017 Page 2 ANTICIPATED PROJECT SCHEDULE The anticipated project schedule is provided below for the 2018 Roadway Rehabilitation project: Order preliminary report June 14, 2017

Approve preliminary report, public improvement hearing, order project, authorize plans and specifications

November 8, 2017

Approve plans and specifications, set bid date and assessment hearing date

December 2017

Open bids February 2018

Assessment hearing, award contract March 2018

Begin construction May 2018

Complete construction November 2018

Written By: Tony Kutzke, Principal Engineer Approved Through: Klayton Eckles, Engineering and Public Works Director Attachments: Resolution Engineering File No: 14-2017-01

RESOLUTION NO. 17-


ESTABLISHING A PUBLIC IMPROVEMENT HEARING DATE OF

NOVEMBER 8, 2017 FOR THE 2018 ROADWAY REHABILITATION PROJECT

WHEREAS, the 2018 Roadway Rehabilitation project includes: Bailey Frontage Road All residential parcels within the south half of the south half of Section 22, Township 28N, Range 21W, City of Woodbury, County of Washington, State of Minnesota that have direct driveway or private street access to Bailey Frontage Road, and all commercial parcels in the same area with adjacent footage to Bailey Frontage Road. Erin Court All parcels within the east half of the southeast quarter of the southwest quarter of Section 27, Township 28N, Range 21W, City of Woodbury, County of Washington, State of Minnesota that have direct driveway or private street access to Erin Court. Salem Meadows All parcels within the east half of the northwest quarter and west half of the northeast quarter of Section 27, Township 28N, Range 21W, City of Woodbury, County of Washington, State of Minnesota that have direct driveway or private street access to Salem Drive West, Boston Road, Plymouth Road, Dorchester Drive, Providence Road, or Dorchester Court City Center Drive All parcels within the southeast quarter of the southwest quarter Section 9, Township 28N, Range 21W, City of Woodbury, County of Washington, State of Minnesota that have direct driveway or private driveway/parking lot access to City Centre Drive, between Valley Creek Road and Radio Drive. Guider Drive All parcels within the east half of the southeast quarter of the northwest quarter of Section 8, Township 28N, Range 21W, City of Woodbury, County of Washington, State of Minnesota that have adjacent footage to Guider Drive. Eagle Valley Area All parcels within the Section 14 and the north half of Section 23, Township 28N, Range 21W, City of Woodbury, County of Washington, State of Minnesota that have direct driveway or private street access to Eagle Creek Lane, Eagle Trace Lane, Eagle Valley Drive, Double Eagle Lane, Lone Eagle Trail, Glen Eagle


Road, Glen Eagle Circle, Glen Eagle Place, Eyrie Drive (from white Eagle Drive to 160 feet south of Golf Drive), White Eagle Drive, White Eagle Circle, Grey Eagle Drive (south of Grey Eagle Circle), Eagle View Boulevard, Eagle View Circle, Eagle View Place, Eagles Nest Lane, Golden Eagle Trail, Golden Eagle Lane, Golden Eagle Court, Golden Eagle Circle, Golden Eagle Place, Pinnacle Way, Eagle Valley Circle, Bald Eagle Trail, Eagle Pointe Trail, Eagle Pointe Circle, and Kingsway Lane (from Eagle Pointe Trail to 150 feet east of Eagle Pointe Trail). Wedgewood Area All parcels within Section 22, the east half of Section 21, and the east half of Section 15 Township 28N, Range 21W, City of Woodbury, County of Washington, State of Minnesota that have direct driveway or private street access to Stonebrooke Trail, Stonebrooke Court, Springwood Drive, Springwood Alcove, Springwood Circle, Highview Lane, Kentwood Lane, Heritage Way, Dunhill Lane, Fairway Drive, Fairway Point, Fairway Terrace, Crestmoor Drive, Crestmoor Alcove, Crestmoor Bay, Crestmoor Point, Crestmoor Terrace, Wedgewood Drive, Wedgewood Point, Village Court, Wedgewood Alcove, Wedgewood Bay, Wedgewood Circle, Wedgewood Court, Wedgewood Draw, Antrim Road, Rae Lane, Rae Circle, Rae Court, Wellington Lane, Wellington Bay, Wellington Court, Wellington Ridge, Wellington Terrace, Edgewater Drive, Edgewater Bay, Edgewater Circle, Edgewater Cove, Edgewater Place, Edgewater View, Town Lake Drive, Hidden Lake Drive, Hidden Lake Cove, Shadow Creek Trail, and Park Crossing; and WHEREAS, the City desires to perform roadway rehabilitation for the 2018

Roadway Rehabilitation project; and

WHEREAS, on June 14, 2017, the City Council adopted Resolution No. 17-103 ordering the preparation of preliminary reports for the 2018 Roadway Rehabilitation project; and

WHEREAS, the City desires to assess the cost of said improvements to all benefited properties.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Woodbury, Washington County, Minnesota as follows:

1. A public improvement hearing for said improvements is hereby set for November 8, 2017, and the City Clerk shall give mailed and published notice of said hearing and improvements as required by law.

2. The City Clerk is authorized and directed to cause notice of the time, place

and purpose of said meeting to be published for two (2) successive weeks in the official newspaper of the City, the first of such publication to be not less than ten (10) days and the second not less than three (3) days prior to the date of said meeting, and to be mailed to owners of the property in the area


proposed to be assessed not less than ten (10) days prior to the date of said meeting. Such notice shall be subsequently the following form:


NOTICE OF PUBLIC IMPROVEMENT HEARING FOR THE 2018 ROADWAY REHABILITATION PROJECT

NOTICE IS HEREBY GIVEN of the proposed construction of the 2018 Roadway

Rehabilitation project.

NOTICE IS FURTHER GIVEN that the City of Woodbury, Washington County, Minnesota will meet on Wednesday, November 8, 2017, at 7:30 p.m. at the Woodbury City Hall, 8301 Valley Creek Road in said City for the purpose of holding a public improvement hearing on the proposed construction of the 2018 Roadway Rehabilitation project, for the benefit of the following:

Bailey Frontage Road All residential parcels within the south half of the south half of Section 22, Township 28N, Range 21W, City of Woodbury, County of Washington, State of Minnesota that have direct driveway or private street access to Bailey Frontage Road, and all commercial parcels in the same area with adjacent footage to Bailey Frontage Road. Erin Court All parcels within the east half of the southeast quarter of the southwest quarter of Section 27, Township 28N, Range 21W, City of Woodbury, County of Washington, State of Minnesota that have direct driveway or private street access to Erin Court. Salem Meadows All parcels within the east half of the northwest quarter and west half of the northeast quarter of Section 27, Township 28N, Range 21W, City of Woodbury, County of Washington, State of Minnesota that have direct driveway or private street access to Salem Drive West, Boston Road, Plymouth Road, Dorchester Drive, Providence Road, or Dorchester Court City Center Drive All parcels within the southeast quarter of the southwest quarter Section 9, Township 28N, Range 21W, City of Woodbury, County of Washington, State of Minnesota that have direct driveway or private driveway/parking lot access to City Centre Drive, between Valley Creek Road and Radio Drive. Guider Drive All parcels within the east half of the southeast quarter of the northwest quarter of Section 8, Township 28N, Range 21W, City of Woodbury, County of Washington, State of Minnesota that have adjacent footage to Guider Drive.


Eagle Valley Area All parcels within the Section 14 and the north half of Section 23, Township 28N, Range 21W, City of Woodbury, County of Washington, State of Minnesota that have direct driveway or private street access to Eagle Creek Lane, Eagle Trace Lane, Eagle Valley Drive, Double Eagle Lane, Lone Eagle Trail, Glen Eagle Road, Glen Eagle Circle, Glen Eagle Place, Eyrie Drive (from white Eagle Drive to 160 feet south of Golf Drive), White Eagle Drive, White Eagle Circle, Grey Eagle Drive (south of Grey Eagle Circle), Eagle View Boulevard, Eagle View Circle, Eagle View Place, Eagles Nest Lane, Golden Eagle Trail, Golden Eagle Lane, Golden Eagle Court, Golden Eagle Circle, Golden Eagle Place, Pinnacle Way, Eagle Valley Circle, Bald Eagle Trail, Eagle Pointe Trail, Eagle Pointe Circle, and Kingsway Lane (from Eagle Pointe Trail to 150 feet east of Eagle Pointe Trail). Wedgewood Area All parcels within Section 22, the east half of Section 21, and the east half of Section 15 Township 28N, Range 21W, City of Woodbury, County of Washington, State of Minnesota that have direct driveway or private street access to Stonebrooke Trail, Stonebrooke Court, Springwood Drive, Springwood Alcove, Springwood Circle, Highview Lane, Kentwood Lane, Heritage Way, Dunhill Lane, Fairway Drive, Fairway Point, Fairway Terrace, Crestmoor Drive, Crestmoor Alcove, Crestmoor Bay, Crestmoor Point, Crestmoor Terrace, Wedgewood Drive, Wedgewood Point, Village Court, Wedgewood Alcove, Wedgewood Bay, Wedgewood Circle, Wedgewood Court, Wedgewood Draw, Antrim Road, Rae Lane, Rae Circle, Rae Court, Wellington Lane, Wellington Bay, Wellington Court, Wellington Ridge, Wellington Terrace, Edgewater Drive, Edgewater Bay, Edgewater Circle, Edgewater Cove, Edgewater Place, Edgewater View, Town Lake Drive, Hidden Lake Drive, Hidden Lake Cove, Shadow Creek Trail, and Park Crossing. The preliminary estimated cost of said improvements is $11,153,000. A

reasonable estimate of the impact of the assessment will be available at the hearing. Written or oral comments will be considered. The area proposed to be assessed for the costs includes all benefited lots, tracts, or parcels of land benefited by said improvement based upon the benefit received. BY ORDER OF THE CITY COUNCIL Dated this 11th day of October, 2017 Kimberlee K. Blaeser City Clerk


BE IT FURTHER RESOLVED that each and all of the terms and provisions stated in the foregoing notice of hearing are hereby adopted as the terms and provisions in accordance with which said hearing shall be held.

This Resolution was declared duly passed and adopted and was signed by the Mayor and attested to by the City Administrator this 11th day of October, 2017. Attest: Mary Giuliani Stephens, Mayor Clinton P. Gridley, City Administrator (SEAL)

6G CITY OF WOODBURY, MINNESOTA

Office of City Administrator Council Letter No. 17-261 October 11, 2017 TO: The Honorable Mayor and Members of the City Council FROM: Clinton P. Gridley, City Administrator SUBJECT: Approval to Purchase Equipment – Two Crestline Ambulances and Budget

Amendment

SUMMARY Staff requests Council approve the purchase of two replacement Crestline Ambulances, from Crestline Coach, Ltd. through the North Central EMS Corporation dba, Savvik Buying Group. Funds for one Crestline ambulance is allocated in the Emergency Medical Service (EMS) Fund in the amount of $170,000 for one ambulance and staff is recommending a budget amendment to purchase the second ambulance with use of fund balance from the EMS Fund. RECOMMENDATION Staff recommends Council adopt the attached resolution approving the purchase of two Crestline Ambulances from Crestline Coach Ltd. through the Savvik Buying Group Agreement for an amount not to exceed the cost of $461,321 and amend the 2017 EMS Fund budget. BUDGET IMPACT The bid submitted by Crestline Coach Ltd, and additional costs associated with the purchase, is as follows: Two - Crestline Icon Type III Ambulance with custom specifications ($188,895 each)

$377,790

Unforeseen minor specification changes ($2,500 each) $5,000 TOTAL NOT TO EXCEED AMOUNT PAYABLE TO CRESTLINE COACH LTD

$381,790

MN Sales tax Exempt Stretchers (includes 19.5% discount) $35,917 Digital Remote Mobile Radio $10,665 Wall Mounted Storage System $24,000 Computer Docks & Mounts $2,300 Graphics (includes 5% discount) $5,640 TOTAL NOT TO EXCEED PURCHASE COST $461,312

Council Letter No. 17-261 October 11, 2017 Page 2 Two replacement ambulances were identified in the adopted 2018-2022 Capital Improvement Plan. The costs for one of the ambulances was originally included in the adopted 2016 budget but it was decided to carry over those funds to the 2017 budget while the manufacturer developed an ambulance model to meet the most stringent recommendations and performance guidelines. The second ambulance was planned for the 2018 budget however, due to the advanced age and mileage of the 2008 model it is necessary to request the purchase of the second ambulance in 2017. It also must be noted that due to the updated specifications and guidelines to be adopted by the Minnesota Emergency Medical Services Regulatory Board (EMSRB), the cost of each ambulance and required additional equipment is higher than originally budgeted. The purchase of one replacement Crestline Ambulance is included in the 2017 EMS Fund budget in the amount of $170,000. The purchase of a second replacement Crestline Ambulance and additional associated expenditures will require a budget amendment to the EMS Fund in the amount of $291,312. The use of fund balance in the EMS Fund will be required to appropriate funds for these additional purchase costs. CONTRACT AWARD The North Central EMS Cooperative (NCEMSC) dba Savvik Buying Group is a Minnesota non-profit corporation based in St. Cloud Minnesota, NCEMSC’s mission is to provide a mechanism to achieve cost reductions for its members, which currently includes over 2,000 EMS agencies in 49 states. In collaboration with the North Central EMS Institute, NCEMSC creates specifications for EMS products and supplies, which NCEMSC uses to bid and write contracts. Minnesota Statues 471.345 sudb.10 requires NCEMSC to use competitive bids or quotations in order for its products or services to be available to municipal members within specific buying thresholds. It also allows NCEMSC to award contracts to more than one vendor, provided the effects of competition are maintained in competitive bidding or quotations. In order to adequately serve the majority of NCEMSC members, which are municipal, NCEMSC follows the governmental contracting system designed by the State of Minnesota. The NECMSC dba Savvik Buying Group has issued a contract with Crestline Coach Ltd. for the ambulances and additional radios and stretchers have been contracted through the following listed vendors:

VENDOR EQUIPMENTCrestline Coach, Ltd Two Crestline Icon, Type III ambulances Stryker EMS Equipment Two Power-PRO XT Stretchers Motorola (State bid Contact # 119587)

Two Motorola APX6500 Digital Remote/Dual Mount Mobile Radio

Advanced Graphix, Inc. Custom Graphics and application with 5% discount

Council Letter No. 17-261 October 11, 2017 Page 3 The City of Woodbury is a member of the NCEMSC and by purchasing vehicles through the North Central EMS Cooperative; the City saves the time and expense of developing individual specifications and advertising. Because the cooperative goes through a “public bidding process,” it meets all of the City purchasing requirements. Multiple quotes for the cots were received and reviewed; the Motorola contract is a bid per state contract (#119587); Advanced Graphix, Inc. is the preferred vendor for fleet graphics. BACKGROUND Administrative Directive AD-EP-3.3 outlines the Vehicle and Equipment Replacement Schedule for an ambulance at 8 years, 80,000 miles. The replacement policy is used for maintaining a safe and reliable fleet, providing an efficient and cost effective operation. At this time the current 2008 model year ambulances in the fleet exceed both their age and usages (mileage/hours) guidelines. The age and use of the ambulance is requiring more frequent and expensive maintenance and repairs making maintaining them in the fleet exceedingly cost prohibitive. The trade-in value of the 2008 models is $2,000 per ambulance. Staff will be exploring the value of donating these ambulances verses trading them in or selling them. This will be brought forward to the council at a later date. The Emergency Medical Services Regulatory Board of Minnesota will also be adopting new guidelines and specifications for ambulance licensing in Minnesota as set forth by the Commission on Accreditation of Ambulance Services. The safety of patients and crews being transported and working in ambulances across Minnesota was one of the driving forces behind updating ambulance standards as the current Minnesota rules for ambulances were implemented in the late 1970’s to early 1980’s. These proposed new ambulances will meet the updated specifications for the integrity of stretchers and their locking mechanisms, patient restraints as well as the g-force requirements for cabinets. In particular, the updated guidelines for the stretcher, patient restraint systems and equipment mountings meet similar performance testing of other vehicle restraints in the event of front or side impacts. The Freightline chassis will also now meet international crash requirements. All of these updates ensure we have the safest ambulances, treatments and transportation possible for both patients and personnel. Once a part of the fleet, these two ambulances will be maintained by Fleet Services after receiving training from both Crestline Coach Ltd. and Allina Health. Written By: J.B. Guiton, EMS Commander

Dan Solheid, Fleet Supervisor Approved Through: Lee Vague, Public Safety Director Attachment: Resolution

RESOLUTION NO. 17-


APPROVAL TO PURCHASE EQUIPMENT - TWO CRESTLINE AMBULANCES

AND BUDGET AMENDMENT

WHEREAS, the North Central EMS Cooperative (NCEMSC) dba Savvik Buying Group, a Minnesota non-profit corporation, creates specifications for EMS products and supplies, which NCEMSC uses to bid and write contracts for its members; and

WHEREAS, The City of Woodbury is a member of the Savvik Buying Group; and WHEREAS, the Savvik Buying Group has issued a contract with Crestline Coach

Ltd. of Saskatoon, SK, Canada; and WHEREAS, the City of Woodbury wishes to purchase two Crestline ambulances

under said contract; and WHEREAS, the Emergency Medical Services Fund included funds of $170,000 to

purchase a replacement ambulance NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of

Woodbury, Washington County, Minnesota as follows: 1. To authorize the purchase of two ambulances from $461,312 Crestline Coach

Ltd. BE IT FURTHER RESOLVED by the City Council of the City of Woodbury,

Washington County, Minnesota to approve the following expenditure increase to the 2017 Budget:

Emergency Medical Services Fund Machinery & Equipment (212-026-00-00000-5514) $291,312

BE IT FURTHER RESOLVED that the following 2017 City Budget revenue increase be made: Emergency Medical Service Fund Use of Fund Balance (212-000-00-00000-4424) $291,312

This Resolution was declared duly passed and adopted and was signed by the Mayor

and attested to by the City Administrator this 11th day of October, 2017. Attest: Mary Giuliani Stephens, Mayor Clinton P. Gridley, City Administrator (SEAL)

6H CITY OF WOODBURY, MINNESOTA


Council Letter No. 17-262 October 11, 2017 TO: The Honorable Mayor and Members of the City Council FROM: Clinton P. Gridley, City Administrator SUBJECT: Approval of a Joint Powers Agreement between the City of Woodbury

and the City of Minneapolis, Minnesota Regarding Public Safety Related to the 2018 Super Bowl

SUMMARY The City of Woodbury desires to enter into a Joint Powers Agreement with the City of Minneapolis, Minnesota regarding public safety and security related to the 2018 National Football League (NFL) Super Bowl and its related events from Friday, January 26, 2018 through Monday, February 6, 2018. RECOMMENDATION Staff recommends Council adopt the attached resolution approving the Joint Powers Agreement between the City of Woodbury and City of Minneapolis, Minnesota regarding public safety and security related to the 2018 NFL Super Bowl. BUDGET IMPACT Per the Joint Powers Agreement, the City will be reimbursed at an overtime rate of $82 per hour, which will fall into the billable rate for participating officers. BACKGROUND The City of Minneapolis, Minnesota is the host city for the 2018 NFL Super Bowl to be held on Sunday, February 4, 2018, and for related events authorized by the NFL. More than a single event, the Super Bowl is a week-long series of large-scale events and parties and, as such, it is designated as a Level One Special Event Assessment Rating (SEAR) by the U.S. Department of Homeland Security. The Minneapolis Police Department (MPD) will be the lead law enforcement agency for public safety planning for all of the events in Minneapolis and neighboring cities. Hundreds of law enforcement officers will be required to staff and secure these events. To meet these

Council Letter No. 17-262 October 11, 2017 Page 2 requirements, the MPD is in need of procuring additional law enforcement personnel to provide the necessary public safety and security measures. The purpose of the Joint Powers Agreement between the City of Woodbury and the City of Minneapolis, Minnesota is to set forth the terms and conditions whereby the City of Woodbury will provide the MPD with Licensed Peace Officers to be assigned to one or more of the event locations to provide law enforcement and security services during the term of the event. The Joint Powers Agreement has been appropriately reviewed by legal counsel. Written By: Susan Trapp, Administrative Assistant Approved Through: John Altman, Police Services Commander

Lee Vague, Public Safety Director/Police Chief Attachments: Resolution

Joint Powers Agreement with Minneapolis, Minnesota

RESOLUTION NO. 17-


APPROVAL OF JOINT POWERS AGREEMENT BETWEEN THE CITY OF

WOODBURY AND THE CITY OF MINNEAPOLIS, MINNESOTA REGARDING PUBLIC SAFETY RELATED TO THE 2018 SUPER BOWL.

WHEREAS, The City of Woodbury desires to enter into a Joint Powers Agreement with the City of Minneapolis, Minnesota regarding public safety and security related to the 2018 National Football League Super Bowl and its related events from Friday, January 26, 2018 through Monday, February 5, 2018.


Woodbury, Washington County, Minnesota as follows: 1. That the Joint Powers Agreement by and between the City of Minneapolis,

Minnesota and the City of Woodbury is hereby approved. 2. That the Chief of Police, Lee Vague, or his successor, is designated the

Authorized Representative for the Police Department. The Authorized Representative is also authorized to sign any subsequent amendment or agreement that may be required by the City of Minneapolis.

3. That the Mayor and the City Administrator are hereby authorized to sign the

State of Minnesota Joint Powers Agreements.


PublicSafetyJPA (7.28.2017/gpw) Page 1

COOPERATIVE AGREEMENT REGARDING PUBLIC SAFETY RELATED

TO 2018 NATIONAL FOOTBALL LEAGUE SUPER BOWL SECURITY

THIS INTERGOVERNMENTAL COOPERATIVE AGREEMENT REGARDING

PUBLIC SAFETY AND SECURITY RELATED TO THE 2018 NATIONAL FOOTBALL

LEAGUE SUPER BOWL (hereinafter referred to as the “Agreement”), is made effective, except

as otherwise made operationally effective as set forth in Section 5 herein, on this day of ,

2017, by and between the CITY OF MINNEAPOLIS, MINNESOTA, a municipal corporation,

(hereinafter referred to as the “City”), acting through its Police Department (hereinafter referred

to as the “MPD”) and the CITY OF WOODBURY, MINNESOTA, a municipal corporation, acting

through its Police Department (hereinafter referred to as the “Provider”). City, MPD, and each

Provider may be referred to individually as a “Party” or collectively as the “Parties” to this

Agreement.

WHEREAS, the City is the host city for the 2018 National Football League Super Bowl to be held

on Sunday, February 4, 2018, and for related events authorized by the National Football League,

most of which will take place in the City, City of St. Paul, and City of Bloomington from Friday,

January 26, 2018, through Monday, February 5, 2018 (hereinafter referred to collectively as the

“Event”); and

WHEREAS, a Unified Command structure (as that term is defined in Section 2.4 ) is needed to

ensure the level of security coordination required for the Event; and

WHEREAS, the MPD will be the lead law enforcement agency for those portions of the Event

that occur within the City of Minneapolis (Minneapolis Events) and the St. Paul Police Department

(SPPD) and the Bloomington Police Department (BPD) will be the lead law enforcement agencies

for those portions of the Event that occur within their cities, respectively (St. Paul Events and

Bloomington Events) When either BPD or SPPD is the lead law enforcement agency, its duties

will not include making staff assignments that will continue to be administered and managed by

the MPD as part of the Unified Command; and

WHEREAS, the City has agreed to serve as the fiscal agent for law enforcement costs for the

Event by entering into an agreement with the “Host Committee” (as that entity and agreement are

referenced in Section 3.1 herein) for the Event; and

WHEREAS, the City is in need of procuring additional law enforcement personnel to provide the

public safety and security measures required for such a large and unique Event; and

WHEREAS, at the request of the City, the Provider is willing to provide the services of the law

enforcement personnel identified in this Agreement to the City to assist the MPD with Event

security; and

NOW THEREFORE, pursuant to the authority contained in Minnesota Statutes Section 471.59

(“Joint Exercise of Powers”) and/or Minnesota Statutes Sections 626.76 and 626.77, and in

consideration of the mutual covenants herein contained and the benefits that each party hereto shall

derive hereby, the Parties agree as follows:

2

1. PURPOSE OF THE AGREEMENT

1.1 The purpose of this Agreement is to set forth the terms and conditions whereby the

Provider will provide the City with Licensed Peace Officers to be assigned to one

or more of the Event locations identified on Exhibit A attached hereto to assist the

MPD through the use of a unified command center (as further explained in Section

2.4 of this Agreement) to provide law enforcement and security services

(“Services”) during the term of the Event.

1.2 Provider will exercise its best efforts to assist with Event security. The Parties

acknowledge and agree that resource availability requires Provider to exercise its

best judgment in prioritizing and responding to the public safety needs of its

jurisdiction including, but not limited to, the Event. That prioritization decision

belongs solely to Provider. The Provider may, at any time, recall the Provider’s

resources when, it is considered to be in Provider’s best interest to do so.

1.3 Provider’s resources shall be full-time, Licensed Peace Officers and each such

Licensed Peace Officer must meet the following criteria as defined in Minnesota

Statutes Sections 626.84, Subdivision 1(c) and 471.59, Subdivision 12, which

reads:

“(1) the peace officer has successfully completed professionally recognized peace

officer pre-employment education which the Minnesota Board of Peace Officer

Standards and Training has found comparable to Minnesota peace officer pre-

employment education; and

(2) the officer is duly licensed or certified by the peace officer licensing or

certification authority of the state in which the officer's appointing authority is

located.”

1.4 The MPD will coordinate and inform the SPPD and the BPD of staffing

assignments for the St. Paul Events and the Bloomington Events based, when

possible, on the recommendations of the SPPD and the BPD, respectively.

2. ADDITIONAL CRITERIA OF LICENSED PEACE OFFICERS; PROVIDER

SCOPE OF SERVICE

2.1 In addition to meeting the criteria set forth in Section 1 of this Agreement, the

Provider agrees that each of the Licensed Peace Officers shall also meet the

following criteria:

2.1.1 That each Licensed Peace Officer shall by reason of experience, training,

and physical fitness be deemed by the Provider of being capable of

performing public safety and law enforcement duties for the Event; and

2.1.2 That each Licensed Peace Officer is in good standing with the Provider.

Throughout the term of this Agreement, the Provider shall promptly notify

the MPD in the event that any licensed peace officer is no longer an officer

3

in good standing with the Provider or shall recall any peace officer that is

no longer in good standing; and

2.1.3 That unless otherwise provided or requested by the MPD, each Licensed

Peace Officer shall be equipped and/or supplied by Provider at Provider’s

own expense, with a seasonally appropriate patrol uniform of the day and

equipment, including but not limited to service belts with Provider radio

equipment, service weapon and personal soft ballistic body armor, and

traffic vest. Additionally, in Provider’s discretion, personnel may be

equipped with a cell phone that may be used to download a public safety

application to aid in the tracking of law enforcement personnel during

operational periods if allowed pursuant to Provider’s policy.

2.2 Provider acknowledges and agrees that at any time during the term of this

Agreement the City has the sole discretion to decline to accept and/or use any of

Provider’s Licensed Peace Officers or other law enforcement resources without

cause or explanation.

2.3 The Provider agrees as follows:

2.3.1 As requested by MPD, Provider shall list information on each of Provider’s

Licensed Peace Officers no later than ninety (90) days before the Event that

includes, but is not limited to, name, rank, agency, badge number, photo,

cell phone number, and emergency contact information. Said information

shall be used strictly for law enforcement purposes related to the Event and

each Party will hold the data in the same classification as the other does

under the Minnesota Government Data Practices Act, Minnesota Statutes

Chapter 13 (“MGDPA”); and

2.3.2 That upon reasonable advance written notification from the MPD, each of

Provider’s Licensed Peace Officers or other law enforcement resources so

designated by the MPD shall participate in training activities related to

Event security, that are coordinated or conducted by the MPD or its

designee; and

2.3.3 That each Licensed Peace Officer shall be assigned by the MPD, as

determined and required by the MPD, to any Event-related assignment

based on the Licensed Peace Officer’s skill-set and known duty assignment

as well as the needs of the operation; including, but not limited to, foot

patrol, motorized patrol, static posts at outdoor perimeters, general security

inside or outside venues, and traffic control; and

2.3.4 That Licensed Peace Officers participating in the Event may, if so

determined by the MPD, be placed in an “On Assignment” status by MPD

in which the Licensed Peace Officer should be physically proximate to the

Event location, so as to be able to physically report in a timely manner to

such duty post assigned by the MPD and prepared to undertake the specific

job task or responsibility assigned by the MPD; and

4

2.3.5 That at the request of the MPD, Provider will designate personnel that

participated in or provided Event security to further participate in and/or

provide information to and otherwise cooperate with the MPD in any “after

action activities” following the conclusion of a Training Session or actual

Event security. “After action activities” may include, but not be limited to

post Training Session meetings and revisions of Training protocols and post

Event security meetings, evaluations, mediation or court proceedings.

2.4 Provider acknowledges and agrees that at all times during any required training

session or during the Event each of Provider’s Licensed Peace Officers or other law

enforcement resources and employees, regardless of rank or job title held as an

employee of the Provider, shall be subject to a structure of supervision, command

and control coordinated through a unified law enforcement command and following

unified command principles and practices established throughout the law

enforcement community (herein referred to as “Unified Command”).

2.5 The Provider agrees to exercise reasonable efforts to cooperate and provide the

City, with any other information reasonably requested by the City that the City

deems necessary to facilitate and enable compliance with the terms and conditions

contained in this Agreement.

2.6 Event staffing levels will be determined by the MPD as the lead law enforcement

agency and fiscal agent, in consultation with the Unified Command and the SPPD

for St. Paul Events and the BPD for Bloomington Events, regardless of the location

of the Event. Provider may increase the staffing levels at Events located within the

Provider’s jurisdiction: (a) at the sole cost of the Provider that hosts an Event; and

(b) with the knowledge that the additional Licensed Police Officers and other staff

members above the staffing level approved by the MPD and Unified Command are

not covered by the Policy as described in Section 9 of this Agreement. The number

of Licensed Peace Officers and other law enforcement resources to be deployed

within the Provider’s jurisdiction will be communicated to the City as part of the

Unified Command. Notwithstanding Section 2.4, the Provider retains the sole

discretion for determining what Provider Licensed Peace Officer and other law

enforcement resources will be deployed in its own jurisdiction for events not

included under this Agreement and remain under the Provider’s own authority.

The Provider’s Licensed Peace Officer and other law enforcement resources

deployed in the Provider’s jurisdiction and which are either included above the

number of Licensed Peace Officers as determined by the Unified Command or

remain under Provider’s authority for events not included under this Agreement,

will not be eligible for reimbursement of costs as provided in Section 4.2 of this

Agreement.

2.7 The Provider will comply with the statutes and rules requiring the preservation of

evidence including, but not limited to, Minnesota Statutes, Section 590.10 and

Section 626.04. Each Provider must preserve all handwritten notes, photographs,

incident reports, video recordings, statements, audio recordings, personal notes,

interview audio, text messages, cell phone videos, removable electronic media,

5

squad car videos, any other video recordings, emails, voice mails, computer files

and all Work Product, Supporting Documentation and Business Records as those

terms are defined in Section 8.1 of this Agreement.

2.8 The MPD, as the lead law enforcement agency, will maintain a list of Licensed

Peace Officers (LPOs) assigned to the Events. Each Provider, including the SPPD

and BPD, will be responsible for providing accurate lists of its LPOs that will be

assignable to the Events as a result of signing this Agreement.

3. CITY RESPONSIBILITIES

3.1 The City will be solely responsible for all communications with the Minnesota Host

Committee (the “Host Committee”). The Host Committee shall be responsible for

coordinating each of the events authorized by the National Football League

(including St. Paul Events and Bloomington Events) and activities that occur within

the term of the Event.

3.2 The City and the Host Committee will prepare and enter into an “Event Support

and Funding Agreement for Super Bowl LII” (the “Support Agreement”). The

Support Agreement will be the source of funding for the Event including the source

of payment for the Services to be provided pursuant to this Joint Exercise of Powers

Agreement (“Agreement”) and for the policy of insurance that will pay for the

defense and indemnification of claims filed against the City and each Provider

during the term of the Event.

3.3 City agrees that it will provide or facilitate any necessary training to prepare for

providing Event security. The substance of the training, if necessary; including the

locations, dates, and times, shall be detailed in a separate writing provided from the

MPD to the Provider.

3.4 The person responsible on behalf of the MPD for the daily operation, coordination

and implementation of this Agreement, which responsibilities shall include, but not

limited to, determining the assignments of the Provider’s law enforcement

resources, shall be Minneapolis Police Department Commander Scott Gerlicher

(hereinafter referred to as the “Coordinator”). Except as otherwise provided in this

Agreement, all contacts or inquiries made by the Provider with regard to this

Agreement shall be made directly to the Coordinator or the Coordinator’s designee.

3.5 The City will develop and provide to each Provider an adequate supply of the

standard incident report form to be used by the City and Providers that provide

Services at the Event under the direction of the Unified Command.

3.6 The City will obtain from the Host Committee and provide to each Provider, the

“claims procedure” as indicated in Exhibit C hereto that will be used by third party

claimants who file claims against the City or against any Provider

6

4. COMPENSATION AND PAYMENT PROCESS

4.1 The sole source of funds to reimburse each Provider performing under this

Agreement shall be funds provided by the Host Committee pursuant to the Support

Agreement.

4.2 For and in consideration of the Provider performing under this Agreement, the

Provider will be reimbursed for said Services at the rates and in the manner as

indicated in attached Exhibit B. All of a Provider’s Licensed Peace Officers and

other law enforcement resources that (a) perform law enforcement services within

the Provider’s jurisdiction; and (b) are subject only to the Provider’s authority and

are therefore not under the Unified Command, are not eligible to have Provider’s

costs reimbursed pursuant to this Agreement.

4.3 The MPD will prepare and include in Exhibit B eligibility guidelines for cost

reimbursement and a check list for the preparation and submission of the

reimbursement request. Exhibit B will include a “Reimbursement Payment Form

[To be developed by MPD at a later date] to be completed by the Provider along

with the required support documents to be attached by the Provider.

The MPD shall furnish the Provider with a statement which describes all applicable

hours performed by the Provider during the term of the Agreement. The Provider

shall submit the Reimbursement Payment Form to the MPD for all undisputed

amounts within thirty-five (35) days after receipt of the statement of hours.

4.4 Provider may submit any questions regarding the cost reimbursement process to

Robin McPherson or her designee at: [email protected].

4.5 For any disputed amounts, the Provider shall provide the MPD with written notice

of the dispute, including the date, amount, and reasons for dispute within fifteen

(15) days after receipt of the statement of hours. The MPD and Provider shall

memorialize the resolution of the dispute in writing and follow the dispute

resolution procedure in Section 13 of this Agreement.

5. TERM OF AGREEMENT

5.1 This Agreement shall be effective as of the date indicated on the first page so that

the Parties can undertake planning for all Event-related activity and shall expire on

March 1, 2018, or the date to which law enforcement resources or Services are

extended, whichever is later, unless terminated earlier in accordance with the

provisions in Section 6. Except for the provision of Training as discussed and to

be scheduled pursuant to Section 3.3 of this Agreement, Services furnished by the

Provider for the Event shall begin on January 26, 2018, and shall terminate on

February 5, 2018, unless terminated sooner or extended in whole or in part as

provided herein.

7

6. TERMINATION

6.1 Termination by the City-The City may terminate this Agreement upon providing to

the Provider not less than forty-five (45) days advance written notice for any of the

reasons stated below:

6.1.1 Cancellation of Super Bowl LII;

6.1.2 City and Host Committee fail to enter into the Support Agreement;

6.1.3 Host Committee fails to purchase and provide insurance coverage as

described in Section 9.1 of this Agreement; or

6.1.4 Failure by the Provider to perform any material term under this Agreement

and failure to cure the default within the time requested by the City.

6.2 Termination by the Provider-The Provider may terminate this Agreement upon

providing to the City not less than forty-five (45) days advance written notice for

any of the reasons stated below:

6.2.1 Cancellation of Super Bowl LII;

6.2.2 Without cause prior to the initial training session;

6.2.3 City and Host Committee fail to enter into the Support Agreement; or

6.2.4 Host Committee fails to purchase and provide insurance coverage as

described in Section 9.1 of this Agreement.

6.3 In the event of a termination, each Party shall fully discharge all obligations owed

to the other Party accruing prior to the date of such termination, and, except as

otherwise provided herein, each Party shall be released from all obligations, which

would otherwise accrue subsequent to the date of termination.

7. AGREEMENT MANAGEMENT

7.1 The Provider has identified the following person[s] as persons to contact only with

regard to the following matters regarding the Agreement:

John Altman Police Services Commander

8. WORK PRODUCTS, RECORDS, DISSEMINATION OF INFORMATION

8.1 For purposes of this Agreement, the following words and phrases shall have the

meanings set forth in this section, except where the context clearly indicates that a

different meaning is intended.

8

“Work Product” shall mean any report, including incident reports,

recommendation, paper, presentation, drawing, demonstration, or other materials,

whether in written, electronic, or other format that are used or belong to MPD or

results from Provider's Services under this Agreement.

“Supporting Documentation” shall mean any surveys, questionnaires, notes,

research, papers, analyses, whether in written, electronic, or in other format and

other evidences used to generate any and all work performed and Work Products

generated under this Agreement.

“Business Records” shall mean any books, documents, papers, account records and

other evidences, whether written, electronic, or in other format, belonging to MPD

or Provider and pertain to work performed under this Agreement.

8.2 Subject to applicable law, including but not limited to the Minnesota Official

Records Act, Minnesota Statutes Section 15.17, and the MGDPA, all deliverable

Work Product, Supporting Documentation and Business Records or copies thereof,

that are needed from or result from the Provider's Services under this Agreement

shall be delivered to the City either pursuant to this Agreement or upon reasonable

request of the City and shall become the property of the City after delivery.

8.3 The City and the Provider each agrees not to release, transmit, disclose or otherwise

disseminate information associated with or generated as a result of the work

performed (i.e. Work Product, Supporting Documentation and Business Records)

under this Agreement without notice to the other. Except as otherwise required by

and subject to federal and/or state law, neither the City nor the Provider shall

release, transmit, disclose or disseminate any Work Product, Supporting

Documentation and Business Records which shall be classified as “security

information”, “security service” or “security service data”, defined under

Minnesota Statutes Sections 13.37 and 13.861 or any like data, as defined and/or

required in all federal, state, and local laws or ordinances, and all applicable rules,

regulations, and standards.

8.4 In the event of termination, all Work Product, Supporting Documentation and

Business Records prepared by the Provider under this Agreement shall be delivered

to the City by the Provider by the termination date.

8.5 Both the City and the Provider agree to maintain all Business Records in such a

manner as will readily conform to the terms of this Agreement and to make such

materials available at its office at all reasonable times during this Agreement period

and for six (6) years from the date of the final payment under the contract for audit

or inspection by the City, the Provider, the Auditor of the State of Minnesota, or

other duly authorized representative.

8.6 Both the City and the Provider agree to abide strictly by the MGDPA and, in

particular, Minnesota Statutes, Sections 13.05, Subd. 6 and 11; 13.37, Subd. 1(b),

138.17, and 15.17. All of the data created, collected, received, stored, used,

maintained, or disseminated by the Provider or the City in performing functions

9

under this Agreement is subject to the requirements of the MGDPA and both the

City and the Provider must comply with those requirements. If any provision of

this Agreement is in conflict with the MGDPA or other Minnesota state laws, state

law shall control.

9. INSURANCE; LIABILITY; MUTUAL RESPONSIBILITY; NO WAIVER OF

IMMUNITIES

9.1 Insurance Coverage for Event-The Host Committee has purchased a law

enforcement liability insurance policy (the “Policy”). The insurance carrier is

International Insurance Company of Hannover SE (the “Insurer”). The Policy will

provide coverage for claims that each Provider becomes legally obligated to pay as

damages due to “bodily injury”, “property damage”, or “personal injury” suffered

by third parties. The Policy will require the insurer to have the right and duty to

defend and indemnify each Provider against any claim or lawsuit due to Provider

acts that occur within the territory of the Events and during the period in which the

Policy is in effect. Each Provider’s Law Enforcement Officers and supervisors

under the Unified Command will be covered under the Policy by virtue of the

Provider being named an “insured” under the Policy.

9.1.1 The limits of liability for all occurrences (claims) during the coverage

period is $3,000,000.00 ($3 million). The limit of liability for any third

party claim for damage to or loss of personal property is $25,000.

9.1.2 The cost to hire and pay for legal representation to defend the City and any

Provider (“defense costs”) are not subject to the $3 million limit of the

Policy.

9.1.3 The Policy is not subject to the payment of a deductible by the Host

Committee, the City or by any other Provider.

9.1.4 Each Provider agrees to be bound by the terms and conditions contained in

the Policy.

9.1.5 Each Provider agrees that it will cooperate with the insurer and with the City

by reasonably and timely responding to the insurer’s request for information

or to appear at meetings or judicially mandated hearings.

9.2 Insurance as Sole Source for Liability and Indemnity-Each Provider hereto agrees

that it will only seek recovery for any liability incurred in carrying out the terms of

this Agreement from the insurance to be procured by the Host Committee as set out

in Section 9.1 of this Agreement.

9.2.1 If a Party’s liability is not subject to recovery through the Policy, then each

Party agrees that it will otherwise be responsible for its own acts and/or

omissions and those of its officials, employees, representatives and agents

in carrying out the terms of this Agreement, whether those acts or omissions

occur within or outside of the jurisdiction or geographic limits of the City

10

of Minneapolis, and the results thereof to the extent authorized by law and

shall not be responsible for the acts and/or omissions of the other Party and

the results thereof.

9.2.2 In the unlikely event that the aggregate amount of any one or all claims

exceeds $3 million, then each Party agrees that it will otherwise be

responsible for its own acts and/or omissions and those of its officials,

employees, representatives and agents in carrying out the terms of this

Agreement, whether those acts or omissions occur within or outside the of

the jurisdiction or geographic limits of the City of Minneapolis, and the

results thereof to the extent authorized by law and shall not be responsible

for the acts and/or omissions of the other Parties and the results thereof.

9.3 Further Limitation On Provider Liability-It is understood and agreed that the

liability of each Provider that is a municipality, county or similar political

subdivision shall be limited by the provisions of Minnesota Statutes Chapter 466

(Tort Liability, Political Subdivisions) and the liability of the State of Minnesota as

a Provider shall be limited by the provisions of Minnesota Statutes, Section 3.736

and by other applicable law. Nothing contained in this Agreement shall waive or

amend, nor shall be construed to waive or amend any defense or immunity that

either Party, its respective officials and employees, may have under said Chapter

466, Section 471.59 subd. 1a, and any common-law immunity or limitation of

liability, all of which are hereby reserved by the Parties that have entered into this

Agreement.

9.4 Provider Workers’ Compensation Insurance Required-Except as expressly

provided herein, each Party shall be responsible for injuries or death of its own

personnel. Each Party will maintain workers’ compensation insurance or self-

insurance coverage, covering its own personnel while they are providing assistance

pursuant to this Agreement. Except as expressly provided herein, each Party

waives the right to sue any other Party for any workers’ compensation benefits paid

to its own employee or volunteer or their dependents.

9.5 Provider Responsible for Own Equipment-Except as expressly provided herein,

each Party shall be responsible for damages to or loss of its own equipment. Except

as expressly provided herein, each Party waives the right to sue any other Party for

any damages to, or loss of its equipment.

9.6 Provider Rendering First Aid-Except for immediate first aid rendered by a Provider

at the scene of an accident or occurrence, no other medical assistance, expenses or

aid is covered under the Policy.

10. INDEPENDENT CONTRACTORS

Each Provider in its relationship with the City under this Agreement is an independent

contractor. No Provider, its Licensed Peace Officers or other law enforcement resources

shall be considered an employee of the City. The City, its Licensed Peace Officers or other

law enforcement resources shall not be considered employees of the Provider.

11

11. SUBCONTRACTING

The City and Provider agree that no Services will be subcontracted and agree not to enter

into any subcontracts to provide any Services under this Agreement.

12. ASSIGNMENT

Neither the City nor the Provider will assign or transfer any interest in this Agreement

without the consent of the other Party.

13. DISPUTE RESOLUTION

The City and the Provider each agree to cooperate and negotiate in good faith to resolve

any disputes that arise regarding the terms of this Agreement and the performance of the

Services. If good faith negotiations fail to resolve a dispute, then the Parties will use

mediation services to attempt to resolve the dispute. The City and Provider will equally

share the expense of the mediator.

The Parties will select a mediator by each submitting three names in rank order of

preference to the other Party. If there is no common name on each Party’s list, then a

neutral, third party, law enforcement representative that is not a party to this Agreement

will select a mediator for the Parties. If mediation fails to resolve a dispute between Parties,

then the Parties will resolve the dispute through litigation.

14. AUDIT OF AGREEMENT RECORDS

Pursuant to Minnesota Statutes, Section 16C.05, both the City’s and the Provider’s books,

records, documents, and accounting procedures and practices with respect to any matter

covered by this Agreement shall be made available to the State of Minnesota Office of the

State Auditor upon written notice, at any time during normal business hours, for the

purpose of auditing, examining or making excerpts or transcripts of relevant data.

15. AMENDMENT OR CHANGES TO AGREEMENT

15.1 Any alterations, amendments, deletions, or waivers of the provisions of this

Agreement shall be valid only when reduced to writing and duly signed by the

Parties hereto; after all appropriate and necessary authority has been acquired by

each such Party.

15.2 Modifications or additional schedules shall not be construed to adversely affect

vested rights or causes of action which have accrued prior to the effective date of

such amendment, modification, or supplement. The term “Agreement” as used

herein shall be deemed to include any future amendments, modifications, and

additional schedules made in accordance herewith.

12

16. NOTICES

Except as otherwise stated in this Agreement, all notice or demand to be given under this

Agreement shall be delivered in person or deposited in United States Certified Mail, Return

Receipt Requested. Any notices or other communications shall be addressed as follows:

To City: To Provider:

Scott Gerlicher John Altman

Commander-Minneapolis Police Dept Police Services Commander

511 11th Avenue South Woodbury Police Department

Suite 401 2100 Radio Dr

Minneapolis, MN 55415 Woodbury, MN 55125

17. INTERPRETATION OF AGREEMENT

This Agreement shall be interpreted and construed according to the laws of the State of

Minnesota.

18. ENTIRE AGREEMENT

It is understood and agreed that this entire Agreement supersedes all oral agreements and

negotiations between the parties hereto relating to the subject matters herein. All items

that are referenced or that are attached are incorporated and made a part of this Agreement.

If there is any conflict between the terms of this Agreement and referenced or attached

items, the terms of this Agreement shall prevail.

The matters set forth in the “WHEREAS” clauses at the beginning of this Agreement are

by this reference incorporated into and made a part of this Agreement.

19. MISCELLANEOUS PROVISIONS

19.1 The Parties intend that, with respect to the defense and indemnification provisions

in Section 9 hereof, this Agreement may benefit or create rights or causes of action

in or on behalf of any other agency providing services for the Event under a similar

but separate agreement. Except for the foregoing, the Parties intend that this

Agreement will not benefit or create any right or cause of action in or on behalf of

any person or entity other than the Parties.

19.2 The Parties shall cooperate in achieving the objectives of this Agreement pursuant

to Minnesota Statutes, Sections 15.51 through 15.57.

19.3 The Parties shall comply with all applicable federal, state, and local statutes,

regulations, rules and ordinances currently in force or later enacted including but

not limited to the MGDPA, Minnesota Statutes Section 471.425, subd. 4a, and as

applicable, non-discrimination and affirmative action laws and policies.

13

19.4 If any provision of this Agreement is held invalid or unenforceable, such invalidity

or unenforceability will not affect any other provision, and this Agreement will be

construed and enforced as if such invalid or unenforceable provision had not been

included.

19.5 Failure of a Party to enforce any provision of this Agreement does not affect the

rights of the Parties to enforce such provision in another circumstance. Failure to

enforce a provision does not affect the rights of the Parties to enforce any other

provision of the Agreement at any time

REMAINDER OF THIS PAGE IS BLANK

14

IN WITNESS WHEREOF, the parties hereto are authorized signatories and have

executed this Agreement, the day and year first above written.

CITY OF MINNEAPOLIS CITY OF WOODBURY

By: ___________________________ By:

Its: Police Chief Its: Public Safety Dir./ Police Chief

Date: _________________________ Date: _________________________

Approval Recommended: By:

Clinton P. Gridley, City Administrator

By: ______________________________

Its: City Attorney Date:

By:______________________________ By:

Its: Purchasing Department Mary Giuliani Stephens, Mayor

Date:

Approval Recommended:

By:

Its: City Attorney

15

EXHIBIT A

Super Bowl Events

Event Description

Super Bowl Experience

Media Center/Radio Row

Mall of America Game Day Event

NFL Honors

NFL Friday Night Party

Tailgate Party

Opening Night

NFL on Location

Super Bowl Live

Stadium Interior

Stadium Perimeter

Pre-game Party

AFC Team Hotel

NFC Team Hotel

NFL Headquarters Hotel

AFC Practice Site

NFC Practice Site

Police Escorts

Tactical Squad

Bomb Technical Squad

Bomb K-9s

VACIS

Street Patrol Downtown

Extra Metro Transit Security

Mobile Field Force Square

Fit Team

VPSO

Command Post Security

Staging

Logistics

Credentialing

Dignitary Liaison

Counterfeiting

Human Trafficking

Investigators

The MPD will maintain a list of Licensed Police Officers covered by this Agreement

EXHIBIT B

16

Super Bowl Special Event Period Reimbursement Guidelines

Reimbursement Period: Friday January 26th, 2018 through Monday February 5th, 2018

1. General Reimbursement Guidelines:

a. The lead law enforcement agency, Minneapolis Police Department, will serve as

fiscal agent for purposes of this agreement.

b. Reimbursement will be for official Super Bowl events sanctioned by the MN Host

Committee and/or the NFL only, or for hours worked in direct support of the lead

law enforcement agency, Minneapolis Police Department.

c. All hours worked will be considered “on duty” time.

d. Sending agencies are expected to place provided law enforcement officers “on

assignment” for the event period and this assignment will be their normal

assignment for that period. Personnel should not be expected to work the event

week in addition to their normal job at their respective agency.

e. Reimbursement will occur for personnel wage costs only at established straight

time or overtime rates pursuant to Section 2, Established Hourly Reimbursement

Rates, in this Exhibit B. These rates are all inclusive and will not be adjusted.

f. Reimbursement will occur only for hours worked consistent with official

operational plans approved by the core planning team and the lead law

enforcement agency, MPD.

g. There will be no reimbursement for non-personnel costs, backfill, pre-event

training, equipment, and other expenses including but not limited to travel costs,

fuel, mileage, per diem, etc.

h. Reimbursement will occur only for state, county, and local law enforcement

personnel participating in official Super Bowl Event security details.

i. There will be no reimbursement for participation of law enforcement command

level staff including but not limited to those in the ranks of Chief, Sheriff,

Assistant Chief, Deputy Chief, Colonel, Major, Sr. Commander, Captain or other

law enforcement officers working in a command position and/or in an exempt

payroll status.

j. Generally, participating law enforcement personnel will be expected to work a ten

hour shift daily during the event period (This may vary based on specific

assignments).

k. For reimbursement purposes, a law enforcement officer’s shift begins and ends

when he/she checks in/out on site with the lead law enforcement agency. This will

be tracked using an automated system provided by the lead law enforcement

agency.

Law enforcement personnel will be notified of their daily and hourly schedule 30-60 days prior

to the special event period subject to any changes that may occur. There will be no

reimbursement for any changes to the schedule or for any scheduled off days during this period

or for off hours where personnel are not actively assigned to an official special event detail.

17

a. Sending agencies and personnel assigned to the special event week must adhere to

all lead law enforcement agency requirements in order to be eligible for

reimbursement.

b. Any variation from the above guidelines must be approved by the lead law

enforcement agency, Minneapolis Police Department.

2. Established Hourly Reimbursement Rates:

a. All hours reimbursed under the terms of Sections 3 and 4 of this Exhibit B, below

will be paid at one of the following established hourly rates. These are set rates

and will not be adjusted based on specific agency hourly rates. The rates are

inclusive of all costs including both payroll and fringe.

i. $82 per hour overtime rate.

ii. $55 per hour straight time rate.

3. Specific Agency Reimbursement Guidelines:

a. For law enforcement personnel working in areas where they have jurisdictional

authority:

i. Reimbursement will occur only for overtime hours worked as a result of

established/approved operational plans and hours above and beyond that

of their scheduled shifts for that day with approval of incident commander.

ii. Sending agencies will be reimbursed for overtime hours worked under the

Joint Powers Agreement, not to exceed 60% of the total hours worked by

that agency at the established overtime rate as specified in Section 2 of

this Exhibit B, above.

iii. Sending agencies are expected to place provided law enforcement officers

“on assignment” for the event period and this assignment will be their

normal assignment for that period. Personnel should not be expected to

work the event week in addition to their normal job at their respective

agency.

b. For law enforcement personnel working in areas where they do not have

jurisdictional authority:

i. Reimbursement will occur for all hours worked to include straight time

and overtime at the established rates as specified in Section 2 of this

Exhibit B, above however reimbursement for overtime hours worked

under this Joint Powers Agreement which will not exceed 60% of the total

hours worked by that agency.

ii. Sending agencies are expected to place provided law enforcement officers

“on assignment” for the event period and this assignment will be their

normal assignment for that period. Personnel should not be expected to

work the event week in addition to their normal job at their respective

agency.

4. Reimbursement Process:

18

Within 30 days after the special event period, the lead law enforcement agency, MPD

will provide the sending agency with a report outlining hours worked for all personnel for

that agency.

a. Sending agency will review the personnel report for accuracy and outline which

hours constituted straight time versus overtime and submit an invoice with support

documentation to the lead law enforcement agency.

b. The lead law enforcement agency will review the invoice and support

documentation, and work with the sending agency on addressing any

discrepancies.

c. The lead law enforcement agency will issue reimbursement to the sending agency

consistent with the guidelines established in this agreement within 45 days of

receiving an invoice and the requested support documentation.

Invoices should be sent to:

MPD Chief Financial Officer

C/O Robin McPherson

350 South 5th Street, Room 130

Minneapolis, MN. 55415

19

EXHIBIT C

Claims Procedure for Claims Brought as a Result of

Law Enforcement and Security Services

1. The Host Committee and Insurer will develop a “uniform claim form (the “Form”). The

Form will be approved by the insurance broker retained by the Host Committee and by

the Insurer.

2. The Host Committee will establish a committee to review each Form submitted by third

parties alleging injuries or property damage due to law enforcement activities that

occurred during the Event (each completed Form a “Claim”).

3. The committee established to conduct the preliminary review of the Claim Forms

(“Claims Committee”) will consist of at least the following members:

(a) A Host Committee representative;

(b) A Representative of the insurance broker retained by the Host Committee; and

(c) The City of Minneapolis Risk Manager.

The Claims Committee may also include other Provider representatives as determined by

the three (3) required Claims Committee members.

4. After making a preliminary determination as to the validity of a Claim, the Claims

Committee will forward each Form to the Insurer. The Insurer will determine whether

Claims are covered by the Law Enforcement Liability Policy and determine when the

Policy limits have been reached and exceeded.

5. Once the aggregate amount of Claims exceeds $3 million, then the Insurer will notify the

Host Committee, the City and each Provider. Any further Claims brought against each

Provider after the date of notification that the $3 million coverage limitation has been

exhausted will be the sole responsibility of the Provider or Providers named in the Claim

to defend and pay the amount of damages determined by a court of law.

6I CITY OF WOODBURY, MINNESOTA


Council Letter No. 17-263 October 11, 2017 TO: The Honorable Mayor and Members of the City Council FROM: Clinton P. Gridley, City Administrator SUBJECT: Appointment of Recreation Specialist SUMMARY Due to an opening, the City posted to hire a Recreation Specialist in the Parks and Recreation Department. The City received applications and conducted a thorough review of the application materials submitted. After interviewing and evaluation, staff recommends the appointment of Michael Bowman to the position of Recreation Specialist effective November 13, 2017. RECOMMENDATION Staff recommends Council adopt the attached resolution appointing Michael Bowman to the position of Recreation Specialist effective November 13, 2017. BUDGET IMPACT The appointment is filling a current vacancy. BACKGROUND Mr. Bowman completed his Master’s degree in Recreation, Parks and Leisure Studies and his Bachelor’s degree in Sports Management/Coaching at the University of Minnesota – Twin Cities. He is currently employed as a Youth Program Supervisor with the Hopkins Public Schools, Community Education. He was previously employed by South Washington County Schools and also the City of Inver Grove Heights. Mr. Bowman’s starting salary shall be $58,000 annually and shall be increased according to the established pay plan as approved by City Council. He will be required to serve an eighteen (18) month probationary period. Written By: Jean Schowalter, Human Resources Specialist Approved Through: Jody Brown, Administration Services Director Attachments: Resolution

RESOLUTION NO. 17-


APPOINTMENT OF MICHAEL BOWMAN

TO THE POSITION OF RECREATION SPECIALIST EFFECTIVE NOVEMBER 13, 2017

WHEREAS, the City of Woodbury has an opening for the position of full-time exempt Recreation Specialist in the Parks and Recreation Department; and

WHEREAS, the City has accomplished the due diligence of evaluating the best candidate for the position.


Woodbury, Washington County, Minnesota as follows:

1. Appoint Michael Bowman to the position of Recreation Specialist effective November 13, 2017.

2. Establish an eighteen (18) month probationary period.

3. Establish Mr. Bowman’s wage at $58,000 annually and approve future increases

according to the established pay plan as approved by City Council.

4. Establish his vacation accrual rate according to City Policy by crediting his five years of service.

5. Condition his employment upon successful completion of a pre-employment criminal background check. This condition has been met.

5. Establish the position as Fair Labor Standards Act exempt. 6. Declare that the employment is at will with no guarantee of continued

employment.


7A CITY OF WOODBURY, MINNESOTA

Office of City Administrator Council Letter No. 17-264 October 11, 2017 TO: The Honorable Mayor and Members of the City Council FROM: Clinton P. Gridley, City Administrator SUBJECT: PUBLIC HEARING

HealthEast Care System dba HealthEast Ways to Wellness 1825 Woodwinds Drive On-Sale Culinary Class Liquor License

SUMMARY HealthEast Care System dba HealthEast Ways to Wellness, located at 1825 Woodwinds Drive, has submitted an application for an On-Sale Culinary Class Liquor License. HealthEast Ways to Wellness conducts hands-on educational cooking classes and would like the opportunity to furnish participants wine or intoxicating malt liquor at these classes. Minnesota Statute 340A.4041 – Culinary Classes; On-Sale License allows a city to issue a limited on-sale intoxicating liquor license to a business establishment who is not eligible for an on-sale intoxicating liquor license and that as part of its business, conducts culinary or cooking classes for which payment is made by each participant or advance reservation required. This license type authorizes the licensee to furnish each participant in each class, at no additional cost to the participant, up to a maximum of six ounces of wine or 12 ounces of intoxicating malt liquor, during and as part of the class, for consumption on the licensed premises only. Staff and the City Attorney have reviewed this request and have found all items to be in order. RECOMMENDATION Staff recommends Council approve issuing an On-Sale Culinary Class Liquor License to HealthEast Care System dba HealthEast Ways to Wellness for their cooking establishment located at 1825 Woodwinds Drive with the following conditions:

1. There will be no additional costs, associated with alcohol sales, to the participants 2. That during, and as part of the cooking class, up to a maximum of six ounces of wine

or 12 ounces of intoxicating malt liquor, be served to participants for consumption on the license premise only.

Council Letter No. 17-264 October 11, 2017 Page 2

BUDGET IMPACT Background investigation fee $ 500 On-Sale Culinary Class $49.94 BACKGROUND HealthEast Care System dba HealthEast Ways to Wellness, located at 1825 Woodwinds Drive, has submitted an application for an On-Sale Culinary Class Liquor License. HealthEast Care System is a 501(C)(3) a not-for-profit organization. At the direction of the City Attorney, a criminal background check, pertaining to liquor licensing, was conducted on Jeremy Reinicke, who is the General Manager of the cooking establishment. The background check on Mr. Reinicke is clear. City staff will provide the applicant with a copy of our city ordinance and alcohol violation policy which is included in our Protect Your Business manual. The applicant has submitted the license fee and background investigation fee. The City Attorney has reviewed the application and has found it to be in order. Written By: Kimberlee K. Blaeser, City Clerk Approved Through: Jody M. Brown, Administration Services Director Attachments: None

7B CITY OF WOODBURY, MINNESOTA


Council Letter No. 17-265 October 11, 2017 TO: The Honorable Mayor and Members of the City Council FROM: Clinton P. Gridley, City Administrator SUBJECT: PUBLIC HEARING - Certifying Delinquent Unpaid Special Charges –

Property Cleanup to the Washington County Auditor SUMMARY Annually staff reviews the status of delinquent unpaid special charges for property cleanup and proposes that they be certified to Washington County for collection on property tax statements. Typically this review occurs in the fall since certifications must be made for the next year’s taxes prior to November 30th. These delinquent unpaid special charges will be payable with 2018 taxes. There are a total of 4 delinquent accounts with unpaid special charges. RECOMMENDATION Staff recommends Council adopt the attached resolution Certifying Delinquent Unpaid Special Charges – Property Cleanup to the 2018 property taxes. BUDGET IMPACT The total amount of delinquent unpaid special charges is $1,850.00. All accounts will be charged three percent (3%) interest on their balance. The amount of interest we will collect on these accounts is approximately $72. Pursuant to the fee schedule we will also be collecting a $25 special assessment administrative fee per property on certified unpaid special charges. The total amount of this fee is $100 and will offset staff time as well as the amount we are charged by Washington County to certify these accounts. The fees and interest as well as the delinquent receivable are recorded in the General Fund. PROCESS The City Code Enforcement Officer cited these properties for property cleanup violations. Owners were given an opportunity to correct the violation and after a period of time the code enforcement officer ordered the work to be done and the City incurred a cost for the cleanup. The property owners were then sent an invoice for the charges. Staff sent written notices for unpaid charges to the current owners of properties notifying them that if the balance was not paid

Council Letter No. 17-265 October 11, 2017 Page 2 by September 18, 2017 the City would be certifying the balance to Washington County for collection with next year’s property taxes. In the case where the property was sold at a sheriff’s sale a copy of the notice was also sent to the purchaser. On September 25, 2017 notice of the public hearing on the proposed assessment of the delinquent unpaid special charges was sent to the property owners and copies sent to any purchasers at the sheriff’s sale. On September 27, 2017 notice of the public hearing was published in the Woodbury Bulletin. BACKGROUND The certification is for unpaid special charges. These charges are for reimbursement of invoices the City paid for property cleanup. Woodbury City Code Sec. 15-5 states in part “The enforcing official may cause the violations to be corrected by private or public means and pursuant to the provisions of Minnesota Statutes Chapter 429.101, the City may collect unpaid special charges for abating a nuisance for all or any part of the cost of the work plus administrative fees as a special assessment.” This year there are 4 accounts with unpaid special charges totaling $1,850.00. In comparison, last year there were 6 accounts totaling $1,725. Pursuant to Minnesota Statues Chapter 429 a public hearing must be held. Written By: Deb Score, Accounting Technician II

Matt Novak, Code Enforcement Officer Approved Through: Tim Johnson, Finance Director

Dwight Picha, Community Development Director Attachments: 1. Resolution Certifying Delinquent Unpaid Special Charges – Property

Cleanup to the Washington County Auditor 2. Delinquent Unpaid Special Charges – Property Cleanup List

RESOLUTION NO. 17-


CERTIFYING DELINQUENT UNPAID SPECIAL CHARGES – PROPERTY CLEANUP

TO THE WASHINGTON COUNTY AUDITOR

WHEREAS, Woodbury City Code Sec. 15-5 provides that the City may recover

any costs incurred for correction of a nuisance violation as a special assessment pursuant to the provisions of Minnesota Statutes Chapter 429.101; and

WHEREAS, delinquent unpaid special charges – property cleanup in the sum of and for the properties as described on the attached list are unpaid as of September 27, 2017; and WHEREAS, delinquent balances of unpaid special charges – property cleanup will be charged three percent (3.0%) interest on the balance upon certification; and WHEREAS, all delinquent unpaid special charges – property cleanup will be charged a $25.00 special assessment administrative fee per property.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Woodbury, Washington County, Minnesota that the Accounting Technician shall submit a duplicate of the list to the Washington County Auditor for extension to the property tax lists for collection with the payable 2018 taxes in the manner provided by law.

This said resolution was declared duly passed and adopted and was signed by the Mayor and attested to by the City Administrator this 11th day of October, 2017. Attest: Mary Giuliani Stephens, Mayor Clinton P. Gridley, City Administrator (SEAL)

9/27/2017Invoice Admin

Geocode Property Address Inv. # $ Fee Total06-028-21-31-0020 648 Esther Ln 17-0498 $275.00 $25.00 $300.00

11-028.21-21-0007 1053 Bonnieview Dr 17-0493, 16-0587 $800.00 $25.00 $825.00

11-028-21-33-0053 10162 Bridgewater Pkwy 17-0383 $425.00 $25.00 $450.00

23-028-21-11-0097 10770 Knollwood Ln 17-0495 $350.00 $25.00 $375.00

1,850.00$ 100.00$ 1,950.00$

Delinquent Unpaid Special Charges - Property Cleanup List

10

City Administrator's Report

Oct. 11, 2017

The following information is provided to keep the City Council and staff informed of the activities and

events of the city. Points of clarification may be addressed during the City Administrator's Report

portion of the agenda; however, if discussion of any of these items is necessary, placement on a future

City Council agenda should be directed.

Community Development:

Significant Projects – September 2017

Business Name Address Amount

Commercial Additions/Alterations

Leasehold Improvements/Remodels with permit value above $100,000:

Woodbury Lakes Remodel 9000-9100 Hudson Road $4,850,000

Washington County Environmental Center 4039 Cottage Grove Drive $1,153,000

Caribou Coffee/Einstein Bros Bagels 185 Century Avenue $274,000

Woodbury Village Re-roofing 1475 Queens Drive $160,000

Valley Creek Apartments Re-roofing 1525 Parkwood Drive $109,000

Let’s Dish 10150 Hudson Road, No. 110 $100,000

Total Commercial Additions/Alterations $5,602,000

New Construction Commercial/Apartments

Woodbury Flats (305 units and clubhouse across

five buildings)

4135-4151 Benjamin Drive $44,102,000

City Place Medical Office Building (53,702

square feet)

237 Radio Drive $7,250,000

Alamo Drafthouse Cinema (46,390 square feet) 9060 Hudson Road $3,725,000

Total New Construction Commercial/Apartments $55,077,000

New Businesses

Alamo Drafthouse Cinema 9060 Hudson Road N/A

Engineering and Public Works:

Scheduled sanitary sewer cleaning (jetting) has been completed for 2017. Based on completion ahead

of schedule, the Utility Division is proactively addressing additional areas of concern.

Seasonal well maintenance begins mid-October and includes moving up to eight wells out of rotation

for winter months. Due to the SCADA rebuild project, the Utility Division is working with the

Minnesota Department of Health to keep all wells in operational status for this season.


Oct. 11, 2017

Page 2

Public Safety:

The Fire Services Division is gearing up for the education and community connections that go along

with Fire Prevention Week, which will be celebrated nationally Oct. 8-14. Crews will visit 11 schools

and make contact with more than 1,200 students. The week will culminate with a fire station open

house Saturday, Oct. 14, from 9 a.m.-11 a.m. at the Fox Run Fire Station.

Police officers are wrapping up summer and fall crime prevention programming. Much effort was put

into community engagement and crime prevention training and direct contact with residents through

the following programs: Crime Free Multi-housing, Residential Security Surveys, Paw Patrol and

Crime Free Hotel/Motel. This is just a sample of the programs used to educate residents on what they

can do to help keep themselves, their property and the community safe.

Public Safety Director Lee Vague and Detective Paul Kroshus participated in a press conference with

the department’s partners at Washington County rolling out a campaign to bring greater awareness for

victims of sex trafficking. The campaign, called “Speak Up. They Can’t,” is intended to train workers in

the hospitality industry to recognize illegal behavior and, in effect, become a voice for victims.

EMS staff had contact with 257 patients during the month of September as compared to 231 in

September 2016.

Neighborhood Meetings:

1. Autumn Bluff, Oct. 19, 6:30 p.m., Cherry Conference Room

2. Public Works and Parks Facility Expansion Project, Oct. 23, 6:30 p.m., Public Works

Lunchroom

Preliminary Items Scheduled for the Planning Commission Meeting of Oct. 16:

1. Woodspring Suites, Conditional Use Permit, Site and Building Plan, Project No. 08-2017-00278

2. Woodbury Lakes H&M Expansion, Amended Site and Building Plan, Project No. 04-2017-

00279

Preliminary Items Scheduled for the Council Workshop Meeting of Oct. 18:

1. WAHC Proposal

2. Ojibway Park Design Development

3. HERO Center Update

4. Fee Ordinance

Preliminary Public Hearings Scheduled for Oct. 25:

1. Costco Wholesale Corporation dba Costco Wholesale No. 1272 Off Sale Intoxicating Liquor

License

2. Sapporo 8 Woodbury, Inc. dba Sapporo Sushi and Asian Bistro On Sale Intoxicating Liquor

License including Patio and Sunday Sales


Oct. 11, 2017

Page 3

Other Meetings:

1. Draft Ordinance - City’s Pawnbroker, Precious Metal, and Secondhand Goods Dealer

Licensing Requirements, Oct. 19, 6:30 p.m. Council Chambers

2. Audit and Investment Commission, Oct. 25, 7:30 a.m., Elm Conference Room

Respectfully submitted,

Clinton P. Gridley

City Administrator

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