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HomeMy WebLinkAbout01-12-2016 City Council Packet CITY OF OAK PARK HEIGHTS TUESDAY, JANUARY 12, 2016 CITY COUNCIL MEETING AGENDA 7:00 P.M. 7:00 p.m. I. Call to Order/Pledge of Allegiance/Approval of Agenda Estimated times 7:05 p.m. IL Council/Staff Reports A. Mayor McComber B. Councilmember Dougherty C. Councilmember Liljegren D. Councilmember Runk E. Councilmember Swenson F. Staff • Recycling Award (pg. 3) 7:10 p.m. III. Visitors/Public Comment A. Presentation by David Unmacht, Executive Director of the League of Minnesota Cities (pg. 5) B. Presentation by Stillwater School District—Possible School Closings (pg. 7) This is an opportunity for the public to address the Council with questions or concerns on issues not part of the regular agenda(Please limit comments to 3 minutes in length). 7:20 p.m. IV. Consent Agenda_ (Roll Call Vote) A. Approve Bills & Investments B. Approve City Council Minutes—December 8, 2015 (pg. 9) C. Adopt Resolution Authorizing Professional Consultants for the City of Oak Park Heights in 2016 (pg. 15) D. Adopt Resolution Designating the Stillwater Gazette as the City of Oak Park Heights Official Newspaper for Publications in 2016 (pg. 17) E. Approve Redpath and Company, Auditing Services for December 31, 2015 (pg. 21) F. Approve 2017-2019 Contract Amendment(s)— City Administrator(pg. 31) G. Approve Three City Job Position Amendments (pg. 33) H. Summer Park Programming—2016 —Position & Events (pg. 53) I. Approve Home Occupation Permit Renewals (pg. 59) 7:25 p.m. V. Public Hearings None 7:25 p.m. VI. Old Business A. Consider Ordinance Amendments to 1401 —Regulating Wagon Vendors—Food Trucks (pg. 61) 7:35 p.m. VII. New Business A. Walgreens Variance for Parking Setback and Landscape Review—6061 Osgood Page 1 of 272 Agenda January 12,2016 Page 2 Avenue (pg. 67) B. Boutwells Landing—Village Green—Planned Unit Development 5600 Norwich Parkway (pg. 89) C. Consider Pedestrian Crossing Signalization Proposal —at 581h Street and Krueger Avenue (pg. 113) D. Consider Ordinance Amendment— CC Ord 1109.04F —Relating to Depositing of Snow Removal and Storage in City Right of Ways (pg. 115) E. Goalsetting— Set Continuation Date (pg. 119) F. Consider Adoption of Policies—January 2016 Update (pg. 121) 8:00 P.M. VIII. Other Council Items or Announcements 8:05 p.m. IX. Closed Session (closed pursuant to MN Stat. 13D.01) A. Review Potential Litigation with the Minnesota Department of Transportation Commenced on Behalf of the City 8:15 p.m. X. Adjournment Page 2 of 272 Oak Park Heights Request for Council Action Meeting Date January 12,2016 Agenda Item Recycling Award Time Req. 0 Agenda Placement Staff Re arts Originating Department/Requestor Adininistration/Jennifer Pinski e� Requester's Signature Action Requested__ Receive Information Background/Justification (Please indicate any previous action has been taken or if other public bodies have been advised). See Attached. Page 3 of 272 City of Oak Park Hei hts 14168 Oak Park Blvd. N+Box 2007+Oak Park Height,MN 55082•Phone(651)439-439+Fax(651)439-0574 January 7, 2016 Eric and Sarah Anderson 5511 Oakgreen Place North Oak Park Heights, MN 55082 Dear Mr. and Mrs. Anderson: Thank you for participating in the City's recycling program. As an incentive to recycle and to increase fire prevention awareness, the City rewards two residents each month with their choice of an award of $25.00 or a fire extinguisher and/or smoke detector(s). Your residence was checked on Thursday, January 7, 2016, to determine if you had your recycling bin out with your regular garbage. Your recycling was out and ready for collection; therefore, you are one of this month's winners. Please contact me at 439-4439 to let me know your choice of award. On behalf of the Oak Park Heights City Council, thank you for participating in the City's recycling program. Congratulations! if r Pinski Deputy Clerk TREE CITY U.S.A. Page 4 of 272 Oak Park Heights Request for Council Action Meeting Date Jan 121 2016 Time Required: 5 Minutes Agenda Item Title: n vi .v r fthe f Minnesota Cities. Agenda Placement Visitor's Section Originating Department/Re stor Ma or McComber Requester's Signature Action Requested. To antici ated action. Background/Justification(PIease indicate if any previous action has been taken or if other public bodies have advised): Mr.David Unmwht,the new Executive Director of the League of Minnesota Cities would like to appear at the City Council meeting to introduceit himself and provide a general update on the League.Below is his short`BIO"as copied from the LMC website. Ei n Ib David Unmacht: NeW LMC Executive Director Dayid Unmacht,preciously a senior vice president for 5pringsted Incorporated,is the League's new executive director.Starting on Aug.3,2315,he replaced Jim Miller,who retiree!in July fallowing 22 years of service.Unmacht brings an extensive amount of knowk Jge and local government experience to the position. Unmacht worked for 5pringsted,ecce of r:1-e!arasest pub;c-sector advisory firms in the country,from 2009 to 2015.:Tier€,he was heavily involved in executive recruitment, Organizational de-velopmem facilitation services,and strategic planning,ar tong other duties.Over the past six yews,Unrriacht worked with marry local governments codes and mundes)throughout the state and region. Jim Miller has done a tremendous lob over the past two,decades,and se:s an honor to f011Ow his tenure at t e League,"Unmachr said,."I haft forward to workng with the steff anti `�Iz Obrcl;,¢DireC:-:,➢s tv cinrinuethe L--g e rrOrlit'on of previdin_hien Cif ty sgr::_>> for a;I of our member cities." Prior to,his employment with 5pringr.md,Unrnatht served as county administrator for star. County,deputy county administrator for Dakota County,city menager fer prior Lake,and city administrator for Belle Plaine.He holds a bachelors degree in political science and business administratz.,n from Wartburg College in Waverly.bora,and a Master of public Admfnistratlor,degree from Drake University in Des Moines.love. Page 5 of 272 THIS PAGE IS INTENTIONALLY LEFT BLANK Page 6 of 272 Oak Park Heights Request for Council Action Meeting Date ran 12� 2016 Time Required: 10 Minutes Agenda Item Title: Presentation b Still School District—Possible School Closings Agenda.Placement Visitor's S on Originating Department/Re a hnso Ci 'strator Requester's Signature Action Requested Rece' e form tion Background/Justification ease indicate if any previous action has been taken or if other public bodies have advised): The School District has reached out to the various communities that may be impacted by the possible closing of three elementary schools(Oak Park;Marine and Withrow)and would like to present information to various public entities as to why these options are being considered. The District Staff would like to make a brief presentation to the City Council on 1/12/16 and answer any relevant questions. Page 7 of 272 THIS PAGE IS INTENTIONALLY LEFT BLANK Page 8 of 272 R' W�,v , Oak Park Heights Request for Council Action Meeting Date January 12, 2016 Agenda Item Prove City Council Minutes—December S, 2015 Time Req. 0 Agenda Placement Consent Originating Department/Requestor Administration/Jennifer Pinski Requester's Signatur Action Requested Approve Background/Justification(Please indicate any previous action has been taken or if other public bodies have been advised). See Attached. Page 9 of 272 CITY OF OAK PARK HEIGHTS TUESDAY, DECEMBER 8, 2015 CITY COUNCIL MEETING MINUTES I. Canto®rder/Pled a of Alle 'ance/A royal of A enda: called the meeting to Mayor McComber order at 7:00 p.m. Present: Councilmembers Dougherty, Liljegren,Runk, and Swenson. Staffpresent: City Administrator Johnson, City Attorney Vierling, Public Works Director Kegley, Finance Director Caruso, City Planner Richards, City Arborist Danielson, Police Chief DeRosier, and City Engineer Mann. Absent: None. Mayor McComber added three items to the Agenda:New Business I. "2016 City Council Appointments;"New Business J. "Ordering the Razing of a Hazardous Building— 15105 63rd St. N.;"and New Business Item K. "Speed Study 581h Street." Councilmember Swenson, seconded by Councilmember Liljegren, moved to approve the Agenda as amended. Carried 5-0. II. CouncWStaff Reports: A. Ma or McComber: She reported she attended the Bayport Fire Advisory Meeting and the retirement service for Pastor John at Calvary Assembly of God Church. She also reported that the next Parks Commission meeting was set for December 21 at 7:00 p.m., and the prison and Conservation District holiday open houses were scheduled for December 9. B. CouncilmerMber Dou ert : He reported that the Middle St. Croix Watershed Management Organization's December meeting was cancelled, and the next CVB meeting was set for December 9 at 10:30 a.m. at the Americlnn. C. Councilmember Life en: He reported that the next Planning Commission meeting was set for December 10 at 7:00 p.m. D. Councilmember Runk; He reported that the two items from the last Planning Commission meeting were on the Council Agenda that evening. E. Councilmember Swenson: He reported that Breakfast with Santa was set for December 12 from 9 a.m.— 12 p.m. at the Valley Ridge Mail sponsored by the Valley Access Center. F. Staff: No report. III. Visitors/Public Comment: None Page 10 of 272 City Council Meeting Minutes December 8,2015 Page 2 of 5 1V. Consent Agenda: A. Approve Bills &Investments B. Approve City Council Minutes—November 10, 2015 C. Approve 2016 Cab Licenses for F.D.S. Enterprises dba A. Taxi/Stillwater Taxi D. Adopt Resolution for 2016 Liquor, Tobacco, and Amusement License Renewals E. Approve Resolution Granting the Application of Spring Lake Park Lions Club to Conduct a One-Day Gambling Event at Heights Hall and Club on December 13, 2015 F. Approve 2016 Area Charge for Connection to Water, Sewer and Storm Sewer Systems G. Approve Resolution Designating 2016 Checking and Bank Depositories H. Approve Resolution for Certification of Delinquent Utilities 1. Adopt Sanitary Sewer Maintenance Policy Update and Response Policy J. Approve Resolution—Summary of Ordinance Amendments to 401.15 G and 401.02 B—Relating to Signage K. Approve A-1 Excavating, Inc. 50'Payment for 2015 Street and Utility Reconstruction L. Approve Home Occupation Permit Renewals for 2016 M. Authorize Rink Attendant Hire N. Adopt Amended CC 102 Master Fee Schedule Councilmember Liljegren, seconded by Councilmember Runk,moved to approve the Consent Agenda. Roll call vote taken. Carried 5-0. 1V. Public Hearings: A. Proclamation of Achievement—Patrick Balfanz: Mayor McComber read. the Proclamation. B. Truth in Taxation—2016 Bud et Presentation: Finance Director Caruso provided a presentation of the 2016 proposed budget of$5,648,560. She reviewed proposed budget expenditures and proposed budget revenues. She reported the proposed tax levy was $5,191,593. No public comments. Councilmember Swenson, seconded by Councilmember Runk,moved to close the Public Hearing. Carried 5-0. V1. Old Business: None VII. New Business: Page 11 of 272 City Council Meeting Minutes December 8, 2015 Page 3 of 5 A. MAACO Conditional Use—5956 Os pod Avenue—Conditional Use Permit Review: City Planner Richards reviewed his planning report which was included in the meeting packet. Councihnember Runk, seconded by Councilmember Dougherty, moved to approve the Resolution. Roll call vote taken. Carried 5-0. B. St. Croix ValleV Wastewater Treatment Plant—6163 St. Croix Trail North —Expansion of Existin Vehicle Stora a Buildin —Conditional Use Permit: City Planner Richards reviewed his planning report which was included in the meeting packet. Councilmember Runk, seconded by Councilmember Liljegren,moved to approve the Resolution. Roll call vote taken. Carried 5-0. C. Resolution A covin Y the 2016 Tax : Councilmember Swenson, seconded by Councilmember Dougherty,moved to approve the Resolution. Roll call vote taken. Carried 5-0. D. Resolution Approving the 2016 Budget: Councihnember Runk, seconded by Councilmember Liljegren,moved to approve the Resolution. Roll call vote taken. Carried 5-0. E. No-Fault Insurance Covera e: City Administrator Johnson reported that there were three levels of coverages offered through LMCIT and the cost ranged from $1.79 to $2.63 per connection. He said the City had approximately 1,300 connections. A draft Resolution was included in the meeting packet. Johnson stated a piece was added to the Resolution to attempt to address any outstanding issues at that time. Councilmember Swenson, seconded by Councilmember Dougherty, moved to approve the Resolution. Roll call vote taken. Carried 5-0. F. Consider Ado tion of Cost Partici ation Polic on Contribixl Flows to City Sanit a Sewer and Storm Water Systems: Councilmember Dougherty, seconded by Councilmember Liljegren, moved to approve the Policy. Carried 5-0. G. Consider Ordinance Amendments to 1401 —Re atin Wa on Vendors— Food Trucks: Councilmember Swenson suggested item be tabled and requested staff contact Fury Motors, Stillwater Motors, and Ames Lunda to see if there were any food trucks visiting their sites. Mayor McComber tabled the item to the January 12, 2016 meeting. H. Ordinance 1302 and Boulevard Tree Removal/Re-Plantin Polic U dates: City Arborist Danielson reported that Emerald Ash Borer(EAB) was identified in Washington County. She stated she reviewed the City's Ordinance and Policy and EAB was not addressed. Danielson provided a PowerPoint presentation on proposed Ordinance and Policy updates. Page 12 of 272 City Council Meeting Minutes December 8, 2015 Page 4 of 5 Councilmember Libegren, seconded by Councilmember Swenson, moved to approve the Ordinance change. Carried 5-0. Councilmember Dougherty, seconded by Councilmember Runk,moved to approve the Policy changes. Carried 5-0. I. 2016 CiIy Council Aointments: The City Council reviewed the 2015 appointments and made some changes. Councilmember Swenson, seconded by Councilmember Liljegren,moved to approve the 2016 council appointments. Roll call vote taken. Carried 5-0. J. Ordering the Razing of a Hazardous Building— 15105 63rd St. N.: City Attorney Vierling reported that the Resolution was the initial process to go forward with a judicial response having exhausted the community outreach efforts with the property owner. City Administrator Johnson reported that staff received contact from two potential buyers. Wayne Hellerman, the property owner, was present at the meeting and stated he was going through some things and needed help. He confirmed that he had been approached by parties interested in purchasing the Property. City Attorney Vierling reported that the City could access the Property with the consent of the homeowner to demolish it and assess the costs back to the property. Mayor McComber encouraged Mr. Hellerman to communicate with City Administrator Johnson. Councilmember Runk, seconded by Councilmember Liljegren,moved to approve the Resolution. Roll call vote taken. Carried 5-0. K. Seed Study 58ffi Street: City Administrator Johnson stated the City Council discussed at a goal-setting meeting possibly seeking a speed study for 58h Street from Oakgreen Avenue to Highway 5. He stated there were two possibilities for a speed limit change: one was seeking authority from the MNDOT Commissioner after a speed study, and the other was the roadway could be identified as an urban district, if eligible, and the City could pass a Resolution setting the speed limit. He stated staff s recommendation was to approve both possibilities, and staff would pick the best one and get it back to the City Council for submission to the Commissioner. Councilmember Swenson, seconded by Councilmember Liljegren,moved to push the project forward. Carried 5-0. VIII. Other Council Items or Announcements: Page 13 of 272 City Council Meeting Minutes December 8,2015 Page 5 of 5 None X. Ad'ournment Councihnember Swenson, seconded by Councilmember Liljegren,moved to adjourn the meeting at 8:12 p.m. Carried 5-0. Respectfully submitted, Approved as to Content and Form, Jennifer Pinski Mary McComber Deputy Clerk Mayor Page 14 of 272 SAdENCOL Oak Park Heights Request for Council Action Meeting Date January 12, 2016 Agenda Item Adopt Resolution Approvin Professional Consultants for the City of Oak Park Heights in 2016 Time Req. 0 Agenda Placement Consent Originating Department/Requestor Administration/Jennifer Pinski Requester's Signature , Action Requested Approve Background/Justification (Please indicate any previous action has been taken or if other public bodies have been advised). See Attached. Page 15 of 272 CITY OF OAK PARK HEIGHTS RESOLUTION 16-01-01 A RESOLUTION APPOINTING PROFESSIONAL CONSULTANTS FOR THE CITY OF OAK PARK HEIGHTS IN 2016 BE IT RESOLVED,that the City Council for the City of Oak Park Heights hereby appoints the following consultants for 2016: City Engineer: Stantec, Inc. City Auditor: Tautges, Redpath, Inc. City Planner: The Planning Company, LLC City Attorney: Eckberg, Lammers, Briggs, Wolff&Vierling Passed by the City Council of Oak Park Heights this 12th day of January, 2016. ATTEST: Mary McComber, Mayor Eric A. Johnson, City Administrator Page 16 of 272 Oak Park Heights Request for Council Action Meeting Date January 12,2016 Agenda Item Adopt Resolution Design9gM the Stillwater Gazette as the City of Oak Park Heicris Official Newspaper for Publications in 2016 Time Req. 0 Agenda Placement Consent Originating Department/Requestor dministration/Jennifer Pinski Requester's Signator Action Requested_ Approve Background/Justification(Please indicate any previous action has been taken or if other public bodies have been advised). See Attached. Page 17 of 272 CITY OF OAK PARK HEIGHTS RESOLUTION 16-01-02 A RESOLUTION DESIGNATING THE STILLWATER GAZETTE AS THE CITY OF OAK PARK HEIGHTS OFFICIAL NEWSPAPER WHEREAS,the City of Oak Park Heights must designate an official newspaper for publications; and WHEREAS,the Stillwater Gazette meets legal publication requirements under state statute and offers a high number of paid circulation newspapers distributed within the City. NOW THEREFORE,BE IT RESOLVED,that the City Council for the City of Oak Park Heights designates the Stillwater Gazette as the official newspaper for publications in 2016. Passed by the City Council of Oak Park Heights this 12 'day of January, 2016. ATTEST: Mary McComber, Mayor Eric Johnson, City Administrator Page 18 of 272 —"Offa3ette 1931 Curve Crest Blvd W,Stillwater,MN 55082 651-439-3130 www.stillwatergazette.com January 7, 2016 City of Oak Park Heights 14168 Oak Park Boulevard North P.O. Box 2007 Oak Park Heights, MN 55082 Dear City of Oak Park Heights: We appreciate the opportunity to quote the City of Oak Park Heights'2016 publication of legal notices. We also request consideration that The Gazette be named the City's legal newspaper The Gazette, published on Friday each week, provides the city government a timely manner for presenting legal advertising to the public. Our legal pages are also available online at www.stillwatergazette.com. The proposed legal rate for 2016 is$4.50 per column inch.Submission deadline is 10 a.m.Wednesday for Friday's edition. Please email notices to sunlegals@ecm-inc.com. I look forward to The Gazette continuing to serve the city and its citizens in this capacity. Please call me at 952-846-2019 or email me at mike.jetchick@ecm-inc.com if you have any questions. Sincerely, Mike Jetchick Zone Sales Manager Page 19 of 272 P41"re Publications 4779 Bloom Ave., White Bear Lake, MN 55110• Phone:651-407-1200• Fax:651-429-1242 December 23, 2015 RECEIVFp DFS Ms. Jennifer Pinski 3 J 2015 City of Oak Park Heights CRY oroa*p.,k Ittim P.O. Box 2007 Stillwater, MN 55082PU Dear Ms. Pinski: The Lowdown -St. Croix Valle newspaper for 2016. y Area would like to be considered as your official We meet all the legal publication requirements under state statutes. Our circulation is audited by Verified Audit Circulation, an independent firm. We offer submittal of legal notices by mail, fax at(651) 429-1242, or a-mail to le als ress ubs.com -please clearly identify them as ',Legal Notices.,, There will be a slight increase in the rate for your legal notices this year due to increased health care costs. We are asking for$7.98 per column inch, in 7 point type at 9 lines per inch. Our deadline for legal notices is Monday by 12:00 noon for that Friday's publication. We look forward to the opportunity to serve you. We welcome any questions or concerns you may have. Sincer y, isa Graber Legal Notice Coordinator LG:mp Mise: 0akParkHeights2016.doc White Bear Prays•1/adnais Heigh20 of 272 Your Best Source For Community Information ts Press•Quad Community Press•shoreview Press•The Citizen•The LowdownP•North( Oaks News news6presspubs.com ppcomp@presspubs.com marketing@presspubs.com ppcirc@presspubs.com Oak Park Heights Request for Council Action Meeting Date: January 12 2016 Agenda Item Title -Approve Redpath and Comony, Auditing Services for December 31 2015 Time Required 1 min Agenda Placement Consent Originating Department/Requestor Finance-Betty Caruso Finance Director Requester's Signature Cal Action Requested Approve auditing services contract with Redath and Company. For December 31 2015 Background/Justification (Please indicate any previous action, financial implications including budget information and recommendations). I have received the standard engagement letter for auditing services for the year ending December 31, 2015, from Redpath and Company. Redpath and Company is proposing a 3% increase ($1,100) in fees for completing the audit for 2015, a total contract of$38,000. This fee is split between the General Fund, Water Utility Fund, and Sewer Utility Fund. There will be additional work required due to GASB 68 Accounting and Financial Reporting for Pensions which requires the City to include a portion of the PERA Pension Liability in our financial statements and extensive footnote disclosures pertaining to that liability. We anticipate a listing of fixed assets to be added to the City's accounting records this year based on the infrastructure from the Bridge and the street reconstruction. This may be a large undertaking depending upon the information that we receive from MnDot and developing street costs for the 2014- 2015 Street reconstruction. The auditors are scheduled as usual to begin the audit in March. If the asset reporting is not complete then, they will look at it separately when it is finished. This may delay the 2015 audit report past the usual April issuance. We will know more after we receive the data from MnDot. Page 21 of 272 CLIENT COPY A N Q M A N Y December 8, 2015 City of Oak Park Heights 14168 Oak Park Boulevard P.O. Box 2007 Oak Park Heights, MN 55082-2007 We are pleased to confirm our understanding of the services we are to provide the City of Oak Park Heights, Minnesota(the City) for the year ending December 31, 2015. The scope of services includes the following: Audit and Related Services • We will audit the financial statements of the governmental activities, the business- type activities, each major fund, and the aggregate remaining fund information, including the related notes to the financial statements, which collectively comprise the basic financial statements of the City of Oak Park Heights, Minnesota as of and for the year ending December 31, 2015. Accounting standards generally accepted in the United States of America provide for certain required supplementary information (RSI), such as management's discussion and analysis (MD&A), to supplement the City's basic financial statements. Such information, although not a part of the basic financial statements, is required by the Governmental Accounting Standards Board who considers it to be an essential part of financial reporting for placing the basic financial statements in an appropriate operational, economic, or historical context. As part of our engagement, we will apply certain limited procedures to the City's RSI in accordance with auditing standards generally accepted in the United States of America. These limited procedures will consist of inquiries of management regarding the methods of preparing the information and comparing the information for consistency with management's responses to our inquiries, the basic financial statements, and other knowledge we obtained during our audit of the basic financial statements. We will not express an opinion or provide any assurance on the information because the limited procedures do not provide us with sufficient evidence to express an opinion or provide any assurance. The following RSI is required by generally accepted accounting principles and will be subjected to certain limited procedures, but will not be audited: 1. Management's discussion and analysis 2. Budgetary comparison schedules presented as RSI 3. Pension Related RSI (GASB 68) 2310527.14810 White Bear Parkway, St. Paul, MN, 55110 651.426.7000 www.redpathcpas.com Page 22 of 272 City of Oak Park Heights Contract for Auditing Services Page 2 We have also been engaged to report on supplementary information other than RSI that accompanies the City's financial statements. We will subject the following supplementary information to the auditing procedures applied in our audit of the financial statements and certain additional procedures, including comparing and reconciling such information directly to the underlying accounting and other records used to prepare the financial statements or to the financial statements themselves, and other additional procedures in accordance with auditing standards generally accepted in the United States of America and will provide an opinion on it in relation to the financial statements as a whole in a report combined with our auditors report on the financial statements: 1. Combining and Individual Fund Statements and Schedules The following other information accompanying the financial statements will not be subjected to the auditing procedures applied in our audit of the financial statements, and our auditor's report will not provide an opinion or any assurance on that other information: o Introductory section o Statistical section The following other reports will be issued in conjunction with the financial audit: • State Legal Compliance Audit Nonaudit Services • Preparation of draft financial statements document. • Processing the financial statements. Audit Obiectives The objective of our audit is the expression of opinions as to whether your financial statements are fairly presented, in all material respects, in conformity with U.S. generally accepted accounting principles and to report on the fairness of the supplementary information referred to in the second paragraph when considered in relation to the financial statements as a whole. Our audit will be conducted in accordance with auditing standards generally accepted in the United States of America and the standards for financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States, and the minimum procedures for auditors as prescribed by MS 6.65, and will include tests of the accounting records of the City and other procedures we consider necessary to enable us to express such opinions. We will issue a written report upon completion of our audit of the City's financial statements. Our report will be addressed to the Honorable Mayor and 2310527.1 Page 23 of 272 City of Oak Park Heights Contract for Auditing Services Page 3 Members of the City Council of the City of Oak Park Heights, Minnesota. We cannot provide assurance that unmodified opinions will be expressed. Circumstances may arise in which it is necessary for us to modify our opinions or add emphasis-of-matter or other-matter paragraphs. If our opinions on the financial statements are other than unmodified, we will discuss the reasons with you in advance. If, for any reason, we are unable to complete the audit or are unable to form or have not:Formed opinions, we may decline to express opinions or issue reports, or may withdraw from this engagement. We will also provide a report (that does not include an opinion) on internal control related to the financial statements and compliance with the provisions of laws, regulations, contracts, and grant agreements, noncompliance with which could have a material effect on the financial statements as required by Government Auditing Standards. The report on internal control and on compliance and other matters will include a paragraph that states (1) that the purpose of the report is solely to describe the scope of testing of internal control and compliance, and the result of that testing, and not to provide an opinion on the effectiveness of the entity's internal control on compliance, and (2)that the report is an integral part of an audit performed in accordance with Government Auditing Standards in considering the entity's internal control and compliance. The paragraph will also state that the report is not suitable for any other purpose. If during our audit we become aware that the City is subject to an audit requirement that is not encompassed in the terms of this engagement, we will communicate to management and those charged with governance that an audit in accordance with U.S. generally accepted auditing standards and the standards for financial audits contained in Government Auditing Standards may not satisfy the relevant legal, regulatory, or contractual requirements. Man_ agement Responsibilities Management is responsible for establishing and maintaining effective internal controls, including evaluating and monitoring ongoing activities,to help ensure that appropriate goals and objectives are met; following laws and regulations; and ensuring that management is reliable and financial information is reliable and properly reported. Management is also responsible for implementing systems designed to achieve compliance with applicable laws, regulations, contracts, and grant agreements. You are also responsible for the selection and application of accounting principles, for the preparation and fair presentation of the financial statements in conformity with U.S. generally accepted accounting principles, and for compliance with applicable laws and regulations and the provisions of contracts and grant agreements. Management is also responsible for making all financial records and related information available to and for the accuracy and completeness of that information. You are also responsible for providing us with(1) access to all information of which you are aware that is relevant to the preparation and fair presentation of the financial statements, (2) additional 2310527.1 Page 24 of 272 City of Oak Park Heights Contract for Auditing Services Page 4 information that we may request for the purpose of the audit, and(3) unrestricted access to persons within the government from whom we determine it necessary to obtain audit evidence. Your responsibilities include adjusting the financial statements to correct material misstatements and for confirming to us in the written representation letter that the effects of any uncorrected misstatements aggregated by us during the current engagement and pertaining to the latest period presented are immaterial, both individually and in the aggregate, to the financial statements taken as a whole. You are responsible for the design and implementation of programs and controls to prevent and detect fraud, and for informing us about all known or suspected fraud affecting the government involving (1) management, (2) employees who have significant roles in internal control, and (3) others where the fraud could have a material effect on the financial statements. Your responsibilities include informing us of your knowledge of any allegations of fraud or suspected fraud affecting the government received in communications from employees, former employees, grantors, regulators, or others. In addition, you are responsible for identifying and ensuring that the entity complies with applicable laws, regulations, contracts, agreements, and grants and for taking timely and appropriate steps to remedy fraud and noncompliance with provisions of laws, regulations, contracts or grant agreements, or abuse that we report. You are responsible for the preparation of the supplementary information in conformity with U.S. generally accepted accounting principles. You agree to include our report on the supplementary information in any document that contains and indicates that we have reported on the supplementary information. You also agree to include the audited financial statements with any presentation of the supplementary information that includes our report thereon. Your responsibilities include acknowledging to us in the written representation letter that(1) you are responsible for presentation of the supplementary information in accordance with GAAP; (2)you believe the supplementary information, including its form and content, is fairly presented in accordance with GAAP; (3)the methods of measurement or presentation have not changed from those used in the prior period (or, if they have changed, the reasons for such changes); and(4) you have disclosed to us any significant assumptions or interpretations underlying the measurement or presentation of the supplementary information. Management is responsible for establishing and maintaining a process for tracking the status of audit findings and recommendations. Management is also responsible for identifying for us previous financial audits, attestation engagements,performance audits or other studies related to the objectives discussed in the Audit Objectives section of this letter. This responsibility includes relaying to us corrective actions taken to address significant 2310527.1 Page 25 of 272 City of Oak Park Heights Contract for Auditing Services Page 5 findings and recommendations resulting from those audits, attestation engagements, Performance audits, or other studies. You are also responsible for providing management's views on our current findings, conclusions, and recommendations, as well as your planned corrective actions, for the report, and for the timing and format for providing that information. With regard to the electronic dissemination of audited financial statements, including financial statements published electronically on your website, you understand that electronic sites are a means to distribute information and,therefore, we are not required to read the information contained in these sites or to consider the consistency of other information in the electronic site with the original document. You agree to assume all management responsibilities relating to the financial statements and related notes and any other nonaudit services we provide. You will be required to acknowledge in the management representation letter our assistance with preparation of the financial statements and related notes that you have reviewed and approved the financial statements and related notes prior to their issuance and have accepted responsibility for them. Further, you agree to oversee the nonaudit services by designating an individual,preferably from senior management, with suitable skill, knowledge, or experience; evaluate the adequacy and results of those services; and accept responsibility for them. Audit Procedures - General An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the financial statements; therefore, our audit will involve judgment about the number of transactions to be examined and the areas to be tested. An audit also includes evaluating the appropriateness of accounting policies used and the reasonableness of significant accounting estimates made by management, as well as evaluating the overall presentation of the financial statements. We will plan and perform the audit to obtain reasonable rather than absolute assurance about whether the financial statements are free of material misstatement, whether from (1) errors, (2) fraudulent financial reporting, (3) misappropriation of assets, or(4)violations of laws or governmental regulations that are attributable to the entity or to acts by management or employees acting on behalf of the entity. Because the determination of abuse is subjective, Government Auditing Standards do not expect auditors to provide reasonable assurance of detecting abuse. Because of the inherent limitations of an audit, combined with the inherent limitations of internal control, and because we will not perform a detailed examination of all transactions, there is a risk that material misstatements may exist and not be detected by us, even though the audit is properly planned and performed in accordance with U.S. generally accepted auditing standards and Government Auditing Standards. In addition, an audit is not designed to detect immaterial misstatements or violations of laws or governmental regulations that do 2310527.1 Page 26 of 272 City of Oak Park Heights Contract for Auditing Services Page 6 not have a direct and material effect on the financial statements. However, we will inform the appropriate level of management of any material errors, any fraudulent financial reporting, or misappropriation of assets that come to our attention. We will also inform the appropriate level of management of any violations of laws or governmental regulations that come to our attention, unless clearly inconsequential,and of any material abuse that comes to our attention. Our responsibility as auditors is limited to the period covered by our audit and does not extend to later periods for which we are not engaged as auditors. Our procedures will include tests of documentary evidence supporting the transactions recorded in the accounts, and may include tests of the physical existence of inventories, and direct confirmation of receivables and certain other assets and IiabiIities by correspondence with selected individuals, funding sources, creditors, and financial institutions. We may request written representations from your attorneys as part of the engagement, and they may bill you for responding to this inquiry. At the conclusion of our audit, we will require certain written representations from you about the financial statements; compliance with laws, regulations, contracts, and grant agreements; and other responsibilities required by generally accepted auditing standards. Audit Procedures--Internal Controls Our audit will include obtaining an understanding of the entity and its environment, including internal control, sufficient to assess the risks of material misstatement of the financial statements and to design the nature, timing, and extent of further audit procedures. Tests of controls may be performed to test the effectiveness of certain controls that we consider relevant to preventing and detecting errors and fraud that are material to the financial statements and to preventing and detecting misstatements resulting from illegal acts and other noncompliance matters that have a direct and material effect on the financial statements. Our tests, if performed, will be less in scope than would be necessary to render an opinion on internal control and, accordingly,no opinion will be expressed in our report on internal control issued pursuant to Government Auditing Standards. An audit is not designed to provide assurance on internal control or to identify significant deficiencies or material weaknesses. However, during the audit, we will communicate to management and those charged with governance internal control related matters that are required to be communicated under AICPA professional standards and Government Auditing Standards. _Audit Procedures--Compliance As part of obtaining reasonable assurance about whether the financial statements are free of material misstatement, we will perform tests of the City's compliance with the provisions of applicable laws, regulations, contracts, agreements, and grants. However, the objective of our audit will not be to provide an opinion on overall compliance and we will not express 2310527.1 Page 27 of 272 City of Oak Park Heights Contract for Auditing Services Page 7 such an opinion in our report on compliance issued pursuant to Government Auditing Standards. The Minnesota Legal Compliance Audit Guide for Local Government requires that we test whether the auditee has complied with certain provisions of Minnesota Statutes. Our audit will include such test of the accounting records and other procedures as we consider necessary in the circumstances. Enaa-ciement Administration Fees and Other We may from time to time, and depending on the circumstances, use third-party service providers in serving your account. We may share confidential information about you with these service providers, but remain committed to maintaining the confidentiality and security of your information. Accordingly, we maintain internal policies,procedures, and safeguards to protect the confidentiality of your personal information. In addition, we will secure confidentiality agreements with all service providers to maintain the confidentiality of your information and we will take reasonable precautions to determine that they have appropriate procedures in place to prevent the unauthorized release of your confidential information to others. In the event that we are unable to secure an appropriate confidentiality agreement, you will be asked to provide your consent prior to the sharing of your confidential information with the third-party service provider. Furthermore, we will remain responsible for the work provided by any such third-party service providers. We understand that your employees will prepare all cash or other confirmations we request and will Iocate any documents selected by us for testing. We will provide copies of our reports to the City, however, management is responsible for distribution of the reports and the financial statements. Unless restricted by law or regulation, or containing privileged and confidential information, copies of our reports are to be made available for public inspection. The audit documentation for this engagement is the property of Redpath and Company, Ltd. and constitutes confidential information. However, subject to applicable laws and regulations, audit documentation and appropriate individuals will be made available upon request and in a timely manner to a federal agency providing direct or indirect funding, or the U.S. Government Accountability Office for purposes of a quality review of the audit, to resolve audit findings, or to carry out oversight responsibilities. We will notify you of any such request. If requested, access to such audit documentation will be provided under the supervision of Redpath and Company, Ltd. personnel. Furthermore, upon request, we may provide copies of selected audit documentation to the aforementioned parties. These parties may intend, or decide,to distribute the copies or information contained therein to others, including other governmental agencies. 2310527.1 Page 28 of 272 City of Oak Park Heights Contract for Auditing Services Page 8 The audit documentation for this engagement will be retained for a minimum of five years after the report release date or for any additional period requested by the federal agency. If we are aware that a federal awarding agency or auditee is contesting an audit finding, we will contact the party(ies) contesting the audit finding for guidance prior to destroying the audit documentation. David J. Mol, CPA is the engagement partner and is responsible for supervising the engagement and signing the report. Our standard hourly rates vary according to the degree of responsibility involved and the experience Ievel of the personnel assigned to your audit. Our invoices for these fees will be rendered each month as work progresses and are payable on presentation. Unless additional work is requested, or circumstances require additional work, we estimate the basic audit fees will be $38,000. The above fee is based on the anticipated scope of services and the completion of accurate special assessment work papers by City personnel. An increase in the scope of service will necessitate an addendum (change order)to this agreement. Examples of items that may result in an increase in the scope of service include additional audit procedures resulting from certain accounting issues or events, significant change in the level of activity/number of transactions, if there is an indication of misappropriation or misuse of public funds, or difficulties encountered due to lack of accounting records, incomplete records, inaccurate records or turnover in the City's staff. We appreciate the opportunity to be of service to the City of Oak Park Heights, Minnesota and believe this letter accurately summarizes the significant terms of our engagement. If you have any questions,please let us know. If you agree with the terms of our engagement as described in this letter,please sign the enclosed copy and return it to us. Sincerely, REDPATH AND COMPANY, LTD. David J. Mol, CPA 2310527.1 Page 29 of 272 City of Oak Park Heights Contract for Auditing Services Page 9 Response This letter correctly sets forth the understanding of the City of Oak Park Heights, Minnesota: Management signature: Governance signature: By:_ Title:, Title: Date: Nonaudit Services The employee(s) assigned to oversee the nonaudit services is as follows: ❑ Finance Director ❑ ❑ Other employee (name and title) 2310527.1 Page 30 of 272 0, Oak Park Heights Request for Council Action Meeting Date ran 12"' 2016 Time Required: 1 Minute Agenda Item Title: App-rove 2017-20 o t Amendment s - Ci Administrator Agenda.Placement Consent en Originating Departmen ue ohnso Ci Administrator Requester's Signature: Action Requested: A r e Contract Amendments - Ci Administrator Background/Justification lease indicate if any previous action has been taken or if other public bodies have advised): Authorize the following amendments(see items below)to the City Administrator's current contract and authorize the City Attorney to finalize any negotiations. L Amend Contract Dates: Effective through 12/31/2019 2. Wage Adjustments: 2017 shall be 01%o adjustment; 2018- 1.0%increase; 2019-3.0%increase Page 31 of 272 CITY OF OAK PARK HEIGHTS CITY ADMINISTRATOR'S EMPLOYMENT AGREEMENT AMENDMENT NO. On August 9, 2012, the City of Oak Park Heights and Eric Johnson entered into an Employment Agreement for the period of time August 1,2013 until December 31,2016. In aaeordanoe with paragraph 9.5 of the Employment Agreement, providing for Amendment by joint consent of the parties to be reflected in writing, the parties herewith pFn d the terms and provisions of paragraph 3.1,as follows: 2.1 Term The Term as defined in Section 2.1 shall be extended from December 31 st 2016 to I)ecembe.r 31 20I 9. 3.1.. Salary The City agrees to pay the Employee for services rendered pursuant hereto an annual salary payable in installments at the same time as other employees of the City are paid. Employee's salary through the term of this contract is as follows: From the commencement of this contract through the date of termination of this contract, the employee's salary will be based upon an annual base wage of$98,445.96 per year(2012) paid in established payroll periods as set forth by the City Council from time to time for all employees. The Employee shall receive on January 1, of each year of this contract a cost of living in4MM Cquaf tQ 3.0 pec nt in 2013, 3.0 pe-rcent in 2014 1,0 percent ins 201 and 3.0 percent in 2016 and 0.0 percent in 201'7 1 0 percent in 2018 and 3.0 ercent in 2019 1 I All of the balance of the terms and provisions of the parties'Agreement dated August 9, 2012, shall remain as is. IN WITNESS WHEREOF, the City of Oak Park Heights on a vote of its City Council as caused this EMPLOYMENT AGREEMENT to be signed and executed in its behalf by its Mayor and duly attested by its Deputy CIerk and the Employee has signed this EMPLOYMENT AGREEMENT, both in duplicate,day and years first written above. Mary McComber,Mayor Eric Johnson, Employee/City Administrator ATTEST: Made J.Vie-ling City Attorney Page 32 of 272 Oak Park Heights Request for Council Action Meeting Date jqgmW 12ah 2016 Time Required: 1 Minute Agenda Item Title: Consider tbree City Position Ad'ustments Agenda Placement Consent A&endqg4 41 . y Originating Department/Requestor ric J-91don. City Administrator Requester's Signature Action Requested _ApDrove Thr �/.itiyJobPosition Amendments: City Cler &Accountant II and Public Works Team Lead. Background/Justification(Please indicate if any previous action has been taken or if other public bodies have advised): Approve the following position changes: Suspend the Deputy Clerk-Position and Approve City Clerk Position-Assign J. Pinsk!to City Clerk Position.At a 2016 base rate of$61,650. (Includes a 2.75° adjustment over 2015) Suspend the Accountant Position and Approve the Accountant II Position-Assign J. TetrJaff to Accountant II Position.At a 2016 base rate of$69,870(includes a 2.75%adjustment over 2015) Create the Public Works Team Lead-Assigned Position.At an additional rate pay for such assignment of $2,800. SEE Enclosed MEMO. Page 33 of 272 City of Oak Park Heights 14168 Oak Park Blvd. N•Box 2007.Oak Park Heights,MN 55082•Phone(651)439-4439•Fax(651)439-0574 12-30-15 MEMO TO: Mayor and City Council Members FROM: Eric Johnson,City Administrator RE: 2016 City Employee Classifications and Positions Dear Mayor and City Council Members: I would request the City Council approve the following three potential job description and position changes.Namely; 1. Amend the City's Deputy Clerk to a City Clerk. +$3,788 2. Amend the City's Accountant to Accountant II. +$6,203 3. Create job lead Position in Public Works. +$2,800 TOTAL $12,791 Summary of Need: These items stem from the City's need to consider some of the recent personnel changes that have occurred over the past few years as well as to better define and classify what roles are being performed. Each role and concept is discussed below. The total cost annual for all changes is estimated at$ 16,000 +1- annually when full salary benefrts and taxes are applied. Please note however the City has eliminated two full-time positions(the Senior Accountant and Public Works Foreperson and the Arborist Consultant) over the past two years saving an estimated $125,000+1- 1 annually, but does result in the need to at the very least consider these changes. Staff has analyzed comparable job positions, percentage of duties and average wages of comparable communities so as to better scale such wages with the market. Full details are attached for each position and are in 2015 value comparisons. 1) This is a revision downward from earlier estimate of$160,000;while the City did not replace the public works FOREPERSON speclfically,the City did back fill with a base public works position; In addition,the City will save expenses and generate some revenues from the Arborist position being an in-house staff member and not a consultant. Page 34 of 272 CITY OF OAK PARK HEIGHTS POSITION TITLE: CITY CLERK DEPARTMENT: ADMINISTRATION REPORTS TO: CITY ADMINISTRATOR SUMMARY OF POSITION: The City Clerk performs managerial and administrative work relating to the daily business activities of the City. Work includes statutory clerk functions and duties, maintaining official records,administration of elections,and issuing licenses on behalf of the City.Work involves a variety of duties and responsibilities ranging from routine activities to the handling of public questions and problems as they arise from day to day. Prepares and mails public notices. Performs skilled clerical tasks; special projects as assigned,Maintain confidentiality of sensitive information, etc. -additional below. This position has access to private employee data and is to be classified as a"confidential" employee. ESSENTIAL DUTIES AND RESPONSIBILITIES: 1. Completes statutory duties of the City Clerk • Receives petitions on public improvement projects,arranges for public bearings, and drafts legal notices; • Arranges and publishes legal notices of meetings,ordinances, and other notices as requested and required by law;keeps legal records of such; • Attests the Mayor's signature on official documents when required and maintains responsibility for the City Seal;performs Notary Public services; 2. Coordinates election processes * Administers elections in accordance with Federal, State, County and City requirements; * Serves as Chief Election Official: recruits elections judges,manages absentee ballots, arranges polling places and voting machines, accepts nominating petitions,prepares ballot information,prepares notices, obtains supplies, oversees elections,prepares related reports,and maintains records associated with elections; * Certifies any change of regular city election date and complies with immediate notification to the Secretary of State and the County Auditor: * Prepares and manages election budget as directed by the City Administrator. 3. Oversees records management and retention for the City. • Serves as Responsible Authority for all city documents according to the Minnesota Data Practices Act; administers all record retention and destruction according to the adopted schedules; • Maintains records of City Council minutes;proceedings,ordinances, and resolutions; Page 35 of 272 • Attends City Council and other board and commission meetings as needed to ensure accurate records; • Provides certified copies of documents,proceedings and records of the City upon request; • Maintains accurate database of City's records and storage boxes; • Keeps and maintains inventory records of municipal properties. 4. Coordinates licensing function for the City. • Accepts applications,processes, and maintains records for all licenses including liquor, tobacco, ,gambling,and other miscellaneous licenses and permits; ensures that background checks are completed as required for license applications; • Sends out annual notices to renew licenses as needed; ensures that payment is received and recorded accurately for all licenses. 5. Prepares City Council packets; including coordinating and reviewing agenda material, and overseeing distribution of packets;oversees or performs follow-up activities resulting from council meetings.Publish and post notices at appropriate times. Draft resolutions or ordinances in proper form. Publish ordinances after adoption. Produce and send copies to appropriate departments. 6. Assists general public with questions and problems • Responds to citizen inquiries and develops responses to reduce conflict and increase understanding of city policy,procedures,and ordinances. • Receives and/or handles requests,complaints,and information from the public; resolves issues and/or transmits to staff or Council as directed by the City Administrator. 7. Performs web page/social media maintenance. 8. Performs the Utility Billing functions for the City. 9. This position is also responsible for direct public contact and must perform work from City Hall. OTHER DUTIES AND RESPONSIBILITIES; Performs other related duties as directed by City Administrator or apparent. REQUIRED KNOWLEDGE, SKILLS AND ABILITIES • Ability to read and comprehend detailed instruction, correspondence and procedural manuals. Ability to effectively answer questions and present information in one-on-one and small group situations to customers and other employees of the organization. Ability to read and provide information for reports. • Ability to take initiative and work independently. Page 36 of 272 • Ability to maintain effective working relationships with staff, council,and members of the public. • Ability to maintain accurate and complete records. • Knowledge of ordinances,resolutions,polices, and state statutes. • Excellent organizational and attention to detail. MINIMUM QUALIFICATIONS: The job requires an Associate's Degree in a related field. Minimum of two (2) years' experience in office management; or an equivalent combination of education and experience with Microsoft Office Suite. PREFERRED QUALIFICATIONS: A Bachelor's degree in finance, accounting,business administration,public administration,or related field and five years of related experience, or an equivalent combination of education and experience. Possession of a Minnesota Certified Municipal Clerk certificate. MINIMUM TRAINING AND EXPERIENCE: See Above. SUPERVISION OF OTHERS: Oversees work of Receptionist OTHER ITEMS: NA WORK ENVIRONMENT: The work environment characteristics described here are representative of those an employee encounters while performing the essential functions of this,job. While performing the duties of this job, the employee regularly works indoors in office conditions and settings but may be required to attend or perform outside functions or assignments including site visits. The above examples and elements are intended only as an illustration of various types of work performed and related skill sets needed by the City and is not all-inclusive. The job description is subject to change as the needs of the employer and requirements of the job change. ESSENTIAL PHYSICAL DEMANDS: The physical demands described here are representative of those that must be met by an employee to successfully perform the essential functions of this job. While performing the duties of this job,the employee is regularly required to use hands to finger,handle or feel objects,tools, or controls. The employee is frequently required to stand; walk; reach with hands and arms; climb or balance; stoop; kneel,crouch or crawl; use a telephone or equivalent. The primary tasks and functions of the position also may consist of typical office functions such as sitting at a desk, answering phones, data entry, filing, sorting, faxing, copying, etc. the employee is regularly required to use hands to finger, handle, or feel objects or materials; and talk and hear. The employee is frequently required to stand, walk, sit, and reach with hands and arms. Tasks may require extended periods of time at a keyboard. Page 37 of 272 While performing the duties of this position, the employee may need to climb, balance, stoop, kneel, crouch or crawl. The employee may occasionally be required to extend for a period of time and may occasionally be required to lift and/or move up to 40 lbs. EQUAL EMPLOYMENT POLICY: It is the policy of the City of Oak Park Heights to provide equal employment opportunities to all persons. All employment policies and practices shall be non-discriminatory, in compliance with federal laws, statutes and local ordinances. All positions shall be required to work from the City Hall or City designated location(s) so as to meet the City's regular customer service and staffing needs. Page 38 of 272 Chan a from Deputy Cleric to City Clerk In comparing the tasks of what the position is required to perform such role better matches what other cities are defining as a CITY CLERK and include elections, meeting minutes, special projects and other tasks that do require independent action and decision making. In addition, as the City'staff has reduced in size, (and overall cost)some staff have also been asked to take over more roles;this includes the shifting of utility billing to the position. Beyond these organization and job role obligations, Ms. Jenni Pinski has perfomled well for the City and some additional incentivisation might be beneficial. Staff would propose a job shift to a City Cleric position and salary adjustment from the current base wage of$56,222 to$60,000 based on the percentage of job duties allocated and attempting to meet METRO averages and comparable cities. k--, 2arg �A��E Please note the City would need to amend certain ordinances that outline roles of the City Cleric as it may have been conceptualized some years ago and would clarify such roles typically consistent with the outlines provided herein. A proposed Job description enclosed. AVG I Avg. )f DUTI ES/T1 ME TITLE Range Min Range Max SALARY 1/2015 45% CITY CLERK $ 51,554 $ 67,889 $ 62,229 1896 DEPUTYCITYCLERK $ 39,622 $ 53,115 $ 47,751 13% DEPUTY/ASSISTANT MANAGE-ADMINISTRATOR $ 62,331 $ 77,721 $ 72,549 8% ACCOUNTING TECHNICIAN $ 42,800 $ 54,218 $ 51,701 3% RECORDS MANAGEMENT/OFFICE TECH $ 41,299 $ 54,829 $ 51„223 OFFICE MANAGER ADMINISTRATOR-SUPERVISOI $ 6101$ $ 61,01$ $ 61.018 100% AVERAGE $ 49,771 $ 61,465 $ 57,745 MrRO C)TiE5 JNDER 10.640 St.Francis 7453 Ci`;Clerk $ 6.�J.S.E.'. }` ,'.,Sl:.i7 5 51.411.23 5i�_,rer,xcd 7613?'Aetrc "e?utvCt_i 77.743.00 DaYron 5072 Metra Cdty Clerk $ 5C,C_2._5 5 76,036.22 $ 74.545.31 St.-S�lP&A 52;_'Wstc cityverk $ 55,941.62 $ 69,617.60 $ 691617.67 IDaf:2w.1 e 8579 Metro City, -k is 67,373.00 6727 Metro Cat"Ve..'k S 53;'.:,¢; $ 67.66240 $ 61'W9.0:) St Anthony Village _.. £4_7i4etro city clerk $ - $ a2.03a.➢➢ Excelsior 2360 Metro City Cierk $ 5%03D.0➢ AVERAGE 45,591.65 $ 64,134,0a I:; +'` 57,867.$2 L2Fe ce.....-C iX 6>9_5 _1F:?�2'rG .!'i rim te"'9•Orl�IE't "ffi~'® ",Lvks'i 03 1VorrvoodyoungAmerica d637C,;et� C!1CIrT-east..*er $ ;44,595. 57 $ 5i.I36.0' Leuingtcr, 2,017 Metro C.e;:c;ty 0tl Cle i 5 x 4 S 5 5J750.44 ake3a:: v-8951�-etrc C;t.Cierk,r2a:: 47,554.84 Orono 7980 Metro Ci.yC�ea,c $ 59.446.40 $ 45,486.W -te- 3391 Metro citrC'erk ���. .$ ,Fye 6601920 5 43,139.20 C K-, :ske pau k 5755 Metro $ 4;... $ . ;1,542.40 $ 41,=25.67 '`ai:eElric *32pir'etre DePutyClerk Page 39 of 272 Comparable Job Summaries-From LMC Accounting Technician Job Level: Entry-to-Intermediate level accounting position. Minimum Qualifications: Less than flour years of general accounting experience. Duties: Performs basic routine posting or balancing, filing, calculating, and other bookkeepinglaccounting operations on one segment of a complete and systematic set of records or accounts. Also performs more complex checking, balancing, and calculating operations on one or more segments in a complete and systematic set of records or accounts. Judgment may be required in applying and/or occasionally interpreting policy or procedures. May reconcile accounts, bills, prepare monthly statements,and generate routine computer reports,etc.(Accounting Clerk) City Clerk Job Level:Duties are a combination of clerical support,record-keeping,administrative detail,and inter-function organizing. Minimum Qualifications:Varies Duties: Personally performs or directs the performance of duties associated with voter registration, election arrangements, minutes of council meetings,other official records,licenses,etc.,as required by law. Deputy Clerk Job Level:Duties are a combination of clerical support,record-keeping,administrative detail,and inter-function organizing. Minimum Qualifications:Completion of accounting or records maintenance course from business school and 2 or more years of experience in municipal setting. Duties: Performs technical and support work assisting the City Clerk and elected officials with city government administrative operations, acts as back-up to Clerk. May perform payroll, accounts receivable, and/or accounts payable work. Job requires considerable judgment and is typically perforated under general or minimal supervision. Deputy/Assistant ManagerlAdministrator Job Level:Experienced professional position in public administration below the top administrative official. Minimum Qualifications: Bachelor's degree in Business Administration, Public Administration or equivalent and five years of supervisoryladministrative experience in a governmental unit OR equivalent. Duties:Performs specialized duties as assigned by top Administrator of government unit.May act as the Administrator during the Administrator's absence. Office ManagerlSupervisor. Job Level:Supervises non-exempt staff'engaged in any of the functions. May use and direct outside resources to assist with some of the job functions. This job class is distinguished from a clerical supervisor by three criteria: (1) min qual's include a degree,( Minimum Qualifications: Bachelor's degree; three years related accounting experience with governmental accounting preferred; one to three years supervisory experience;or equivalent combination or education and experience. Duties: Supervisory administrative job with responsibility for multiple support functions for a department. Typical responsibilities extend to all, or some, of the following functions: oto support, telecommunications, mail, copy center, security, facllities, purchasing,computer support,payroll,bookkeeping,human resources and customer service. Records ManagementfOffice Technician Job Level:Performs a variety of detailed and responsible technical clerical work in support of law enforcement activities. Minimum Qualifications: Nigh school graduate or equivalent. Ability to obtain MN Bureau of Criminal Apprehension Terminal Operators Certification and one to two years of responsible clerical experience,preferably within a law enforcement agency. Duties:Responsible for a variety of office support activities including: Completing and coding initial complaint and arrest reports; enters information into the computer system;transcribes narratives,statements,correspondence,etc.used for investigation and prosecution purposes;conducts and reviews criminal history and background checks in conjunction with processing permits and licensing documents and ensures proper management of such documents. Page 40 of 272 CITY OF OAK PARK HEIGHTS TITLE: ACCOUNTANT H DEPARTMENT: FINANCE REPORTS TO: FINANCE DIRECTOR SUMMARY OF POSITION: Under the general direction of the Finance Director,the Accountant is a professional full-time positon responsible for maintaining the city's financial system, including the reconciliation of general ledger accounts,reporting and administering payroll and associated benefit functions. This position has access to private employee data and is to be classified as a"confidential"employee. ESSENTIAL DUTIES AND RESPONSIBILITIES: Accounting/Finance Duties • Operates the integrated Finance/Payroll/Human Resources computer system. • Reconciliation of general ledger accounts including bank accounts. • Processes monthly journal entries. * Assists in the preparation of the monthly closing process. • Under the direction of the Finance Director prepares reports for auditors at year-end. Examples include utility revenues/receivables, accounts payable/accounts receivable summary and detail, etc. • Under the direction of the Finance Director Assists in the preparation of the Annual Financial Report. • Reviews invoices and related accounting codes and enters into the computer system for payment • Prepares checks for payment and electronic cash disbursements for Council approval of claims. • Enters and reconciles cash receipts and electronic payments into the accounting system. • Prepares bank statement. o Bilis general receivables monthly and maintains developer account records. • Provides backup support for the Utility Billing function. • Performs internal auditing procedures as assigned by the Finance Director. Maintains daily cash flow summary • Prepares 1099's for vendor payments. • Reviews sales Mx compliance matters. Fixed Assets • Under the direction of the Finance Director, maintains the city's fixed asset system (record purchases, disposals, transfers). • Prepares reports for department to perform periodic inventories offixed assets in their department. +� Makes adjustments to the accounts and reconciles for year end. + Under the direction of the Finance Director prepare year-end financial work papers for fixed assets including depreciation reports. Payroll/Human Resources Duties: Page 41 of 272 • Operates integrated/computerized City payroll system. Includes the establishment of direct deposits, accruals for vacation and sick leave,and recurring entries for deductions and benefits. • Processes Public Employee Retirement Association(PERA)deductions and files deduction/benefit report as well as the demographic changes. • Computes and reports deductions and benefits for annual repetitive leave for participating employees. • Produces and files the annual PERA exceptions report. • Reviews and processes bimonthly,special and monthly payroll for city employees. Reviews employer benefits, employee deduction, prepares direct deposit stubs for distributions. • Finalizes payroll,processes payments to vendors,and makes appropriate journal entries to the general ledger. • Ensures compliance to State and Federal reporting standards including the new hire reporting. • Provides customer service to employees with questions related to pay,deductions, benefits, and leave accruals. • Updates the HR/PR system with new pay and benefit rate changes and updates information related to the Benefit Enrollment Form,which is processed annually with benefit,insurance, and flexible spending amount changes. • Processes %2's and 1099R's for employees and retirees. • Sets up yearend compensated absence and accrued payroll entries for the Annual Financial Statement. • Produce payroll reports, as requested by the City Administrator or Finance Director. Other Duties and Responsibilities: • Makes financial related decisions and department workflow decisions in the absence of the Finance Director. • Provides internal support for the financial/payroll/human resources software. • Maintains records of confidential nature related to payroll and employee benefits. • Provides backup supportwithin the department as needed. • Creates and updates forms, as necessary,to aid in the collection of financial related data. • Performs all other related duties and responsibilities as may be required as defined by the City Finance Director. REQUIRED KNOWLEDGE, SKILLS,ABILITIES: • Knowledge in spreadsheet creations and use (preferable MS Excel). • Knowledge in Federal and State laws in relation to payroll (taxes,garnishments,etc). + Knowledge of governmental fund accounting. (GASB) • Knowledge of effects and reporting requirements of pretax deductions created through payroll. • Proven excellent customer service skills via phone and in person. • Knowledge of City ordinances and other legal requirements governing municipal operations. + Ability to read and interpret financial documents and invoices. • Ability to use ten-key for data entry. • Ability to work independently and Page 42 of 272 • Ability to establish and maintain effective working relationships and communications with supervisors, co-workers, and members of the public. MINIMUM QUALIFICATIONS: • Two year accounting degree plus a minimum of five years ofexperience in accounting/payroll. • Extensive Experience constructing complex spreadsheets(MS Excel preferred). PREFERRED QUALIFICATIONS: • Four year degree in Accounting and two years of govemmental accounting experience. Experience constructing complex spreadsheets(MS Excel preferred) and use of governmental accounting software. Two years payroll processing experience. IVD MM UMTRAINING AND EXPERIENCE: • Two years of governmental accounting software. • Tmu years of experience with integrated payroll system. • Two years of experience analyzing general ledger accounts and preparing journal entries for a public agency. • Two years or more preparing audit work papers. • Advanced knowledge of spreadsheet and database applications (tables,complex formulas, database creation). • Experience using Internet and email systems. SUPERVISION OF OTHERS:NA OTHER ITEMS: NA WORK ENVIRONMENT: The work environment characteristics described here are representative of those an employee encounters while performing the essential functions of this job. While performing the duties of this job, the employee regularly works indoors in office conditions and settings but may be required to attend or perform outside functions or assignments including site visits. The above examples and elements are intended only as an illustration of various types of work performed and related skill sets needed by the City and is not all-inclusive. The job description is subject to change as the needs of the employer and requirements of the job change. ESSENTIAL PHYSICAL DEMANDS: The physical demands described here are representative of those that must be met by an employee to successfully perform the essential functions of this job. While performing the duties of this job,the employee is regularly required to use hands to finger,handle or feel objects,tools, or controls. The employee is frequently required to stand;walk;reach with hands and arms; climb or balance; stoop; kneel,crouch or crawl;use a telephone or equivalent. The primary tasks and functions of the position also may consist of typical office functions such as sitting at a desk, answering phones, data entry, filing, sorting, faxing,copying,etc. the employee is regularly required to use hands to finger,handle, or feel objects or materials; and talk and hear. The employee is frequently required to stand,walk, sit,and reach with hands and arms. Tasks may require extended periods of time at a keyboard. Page 43 of 272 While performing the duties of this position, the employee may need to climb, balance, stoop, kneel, crouch or crawl. The employee may occasionally be required to extend for a period of time and may occasionally be required to lift and/or move up to 40 lbs. EQUAL EMPLOYMENT POLICY: It is the policy of the City of Oak Park Heights to provide equal employment opportunities to all persons. All employment policies and practices shall be non-discriminatory, in compliance with federal laws, statutes and local ordinances. All positions shall be required to work from the City Hall or City designated location(s) so as to meet the City's regular customer service and staffing needs. Page 44 of 272 Change from Accountant to Accountant II. With separation between the City and its former Senior Accountant and the elimination of the position as it was previously comprised, remaining City Staff-namely the City Accountant position has been relied upon to complete those roles, the main item being payroll processing with benefits administration - these were in addition to the Accountants current job duties of Cash receipting and depositing, amounts payable, accounts receivable, and overseeing Utility billing. Staff is proposing to create the position of Accountant 11 that would incorporate all of the above duties (except utility billing) as well as continuing to provide deep assistance on Fixed Asset Accounting for reporting and audit preparation which requires reconciling of accounts and making the proper adjustments. Additionally Judy Tetzlaff has gone beyond expectations through this most recent transition period and she is highly committed to her work and accuracy. With the added responsibilities and Betty Caruso's reliance upon her for limited independent decision making, a salary adjustment from $61,797 to $68,000 is recommended based on the percentage/scope of job responsibilities and meeting the Metro averages of comtarable cities under 10,000. Full job description enclosed. ��, ZOI s V P LUe AVG Avg. 4 of DUTIES/TI M TITLE Range MIN Range Max SALARY 1/2015 29% Accountant Senior $ 48,371 $61,366 $ 58,273 30% Deputy.Assistant-Finance Director $ 63,613 $78,580 $ 71,019 10% Payroll Clerk(no data for payroll manager) $ 43,699 $55,252 $ 52,687 3096 Accountant Experienced $ 52,794 $66,762 $ 62,184 1% Utility 8illin s Clerk $ 40,560 $51,200 $ 49,656 100%Ave $ 49,807 $ 62.632 $ 58,764 MERO CMES UNDEc3 50.000 Range Range Ac*.ua; 51ln um 'Waximum A,.erage ?cpu1aticn P.7vmlcJr�aSiR7: Region O^ga'�:a'�cr's:c:Tt+e 9797.`Fc::-c C'e.:c- A=L-tart 5 56,178 $ 70,364 5 7.7354 5026 Medfra _ Sie^o Ass:s`alt F;-arca 01-e.-ter $ 35,314 $ 77,085 $ 63,578 7980 Orono t'etrc AwoL.-ar: $ 53,672 $ 57,301$ 57,563 4.5:3 Dais=arxHe[g`ts ,�e:v_ Sr,AcceLntan• $ 45,55- $ 66,4 1$ , 63,446 76:55:ore:rocd 'f.e=-e Sr.Aocountent _.. .... 6315" nt�nA�i $ 4"M $ „�'..a S WK 6768 SpKng:eie?ark 1'e:-cA®untant $ 45,654 _ $ 55,875 $ 59,900- 2499 4,8032499 Osseo Wet o Finance Of9ce• $ %.5,6?- 59:554 $ 57.345 3594 Newport e'r: Aocountan' $ $ 53 36, 5 53,365 3027 Carver _ IML-cc A=untant $ ',6.464 $ 6:.403 --. _.. $ 49.837 8326 Lace Deno V etro s:a`€A,-.,,.�.,.� .. ".,495 $ 5:,.''03 $ 42,056 Page 45 of 272 Comparable Job Summaries—from LMC Accountant-Experienced Job Level: Intermediate-level professional accounting position. Minimum Qualifications: Bachelor's degree in Accounting, Finance, Business Administration or equivalent plus two to four years of accounting experience OR equivalent Duties: Performs accounting work with a minimum of supervision involving evaluation and judgment in planning and carrying out assignments. May direct work of accounting clerics. Accountant-Senior Job Level:Top non-supervisory accounting work. Minimum Qualifications: Bachelor's degree in Accounting, Finance, Business Administration or equivalent plus at least five years of experience OR equivalent. Typically possesses a CPA. Duties: Performs high-level accounting work in all areas of the department Also performs more complex checking, balancing, and calculating operations on one or more segments in a complete and systematic set of records or accounts.Judgment may be required in applying and/or occasionally interpreting policy or procedures. May reconcile accounts, bulls, prepare monthly statements, and generate routine computer reports, etc. Requires broad operations knowledge and ability to work independently. Directs special projects as scheduled or assigned. Finance Director-AssistantlDeputy Job Level:This is the level of management immediately below the top finanoe/acoounting position. Minimum Qualifications:Bachelor's degree in Accounting,or equivalent,and broad finance/accounting experience. Duties: Performs advanced-level accounting duties in the control of municipal or county finance operations, including disbursements, insurance,and tax. May be solely responsible for budgetary functions or treasury functions in smaller jurisdictions.May supervise professional and clerical staff. Payroll Clerk Job Level:Senior-level position involving all phases of payroll preparation,validation,security,and distribution. Minimum Qualifications: Bookkeepinglaccounting coursework at the high school level with a minimum of two years of office experience and an additional one to two years of experience with financial records/payroll. Duties: Ensures that the payroll is processed in a timely and accurate manner, assuring accounting distribution, governmental reporting/compliance, and the preparation of necessary deductions. Updates payroll system by adding new employee and terminated employee information, and salary, tax, and voluntary deduction changes. Maintains vacation and sick leave seconds. Coordinates and processes any irregular payments. Communicates with employees and supervisors on all matters regarding payroll. May provide training and work oversight to entry-level clerical personnel. May coordinate with an outside payroll processing agency. Utilities Billing Cleric Job Level:Top clerical-level position in the Utilities Billing function. Minimum Qualifications: One year of post-high school training in accounting principles and two to four years of accounting experience.Does NOT include college accounting majors. Duties: Top clerical-level position in Utilities Billing. Performs the most complicated details of reconciling accounts and transactions where judgment must be used. Compiles financial billing statements and generates and reviews computer reports at regular intervals. May direct or check work of lower-level billing personnel. Typically, much of work performed is by operation of a personal computer. Page 46 of 272 CITY OF OAK PARK HEIGHTS TITLE: PUBLIC WORKS LEAD OPERATOR (THIS IS AN ASSIGNED POSITION-subject to rotation,deletion or change at any time) DEPARTMENT: PUBLIC WORKS REPORTS TO: PUBLIC WORKS DIRECTOR SUMMARY OF POSITION Primary responsibilities of this position include taking on a leadership role in the maintenance of City utilities, streets,and parks recreational and public facilities. The position acts as an additional conduit and interface between the Director and Public Works Operators. The Position is expected to demonstrate leadership,a positive working attitude and keep the Director informed of progress on various duties and obligations. The person so assigned must meet all qualifications,standards and licensure requirements for a Public Works Operator position. ESSENTIAL JOB FUNCTIONS: 1. Initiate and lead daily crew discussions regarding job assignments,tasks and projects.Assist the Public Works Director by planning and organizing resources for field work including but not limited to assigning tasks and maintenance responsibilities to public works staff for assigned tasks and projects. 2. When necessary, lead and provide direction to P.W. staff on jobsites,especially during hazardous and or emergency situations. 3. Initiate field maintenance and operation tasks and project progress updates and concerns to the Public Works Director in a timely manner. 4. Lead and coordinate water meter reading,replacement,repairs and all associated activity related to water meter reading and maintenance. OTHER DUTIES AND RESPONSIBILITIES: 5. Lead and coordinate all hydrant flushing and maintenance activity. 6. Assists in the maintenanceloperation of the public drinking water system including routine inspection,preventative maintenance,routine testing,cleaning,repairing,rebuilding and installation,repair and testing of water meters. 7. Assists in the maintenance/operation of sanitary and storm sewers including routine inspection,preventative maintenance and cleaning,repairing,rebuilding,unclogging and deicing. Page 47 of 272 8. Maintains and repairs City streets, including patching, sealcoating, sanding, and sweeping streets,repairing and replacing curbing,and painting curbing, crosswalks and parking stalls as needed; or provides liaison assistance to contractors hire to complete such repairs or improvements. 9. Responsible for snow plowing and removal of snow from City streets, City parking lots,and trails as needed; or provides liaison assistance to contractors hire to complete such repairs or improvements. 10.Installs,repairs and replaces street signs and mailboxes 11.Responsible for planting,removing,and trimming boulevard trees as needed. 12.Maintains the appearance of City parks,trails and parking lots, including clearing snow, deicing and sanding,and placing, emptying, and removing trash containers. 13.Performs overall maintenance of City parks,their facilities and equipment. 14.Builds,maintains, and repairs City ball fields. 15.Installs,maintains,and removes recreational equipment. 16. Builds, installs,repairs and paints skating rinks and warming houses. 17.Floods and maintains skating rinks, including removal of snow. 18.Know and adheres to City, State,and Federal safety rules and OSHA requirements. 19. Operate standard power equipment relative to position, including but not limited to:chain saws,weed eaters,lawn mowers,tractors, snow plows, snow blowers, sanders,power broom, skid-steer,etc. 20.Acquires information,performs cost analysis to make informed recommendations regarding maintenance,repair and or replacement of City utility infrastructure components. 21. Performs other duties as apparent or assigned. KNOWLEDGE,SKILLS,AND ABILITIES • Knowledge of mechanical equipment and its preventative maintenance. • Knowledge of safe operation of vehicles and equipment. • Ability to make minor repairs and maintenance to equipment. Page 48 of 272 • Ability to operate various types of equipment including: forklifts, skid loader, air compressors,routers,dump trucks, sweepers,plow trucks, flush trucks, snow blowers, sand trucks, chippers,backhoes,front-end loaders,jetters,bucket trucks, and lawnmowers,etc. • Knowledge of plumbing,the plumbing code(MN), including backflow prevention. Knowledge of general repair including carpentry,painting,etc. • Considerable knowledge of methods,techniques,tools,meters,measuring equipment,repair procedures,etc. MINIMUM QUALIFICATIONS: • High School diploma or equivalent. • Demonstrated experience in public water supply systems,waste collection systems,public street management and turf management. • Some experience in janitorial,painting, landscaping, and general maintenance. • Valid Class S-D or Higher wastewater operator's license. • Valid Class D or higher water system operator's license. • Valid Class C Minnesota Driver's License as well as have an ability to attain a Class B.Must possess a Class B within six(6)months of hire. PREFERRED QUALIFICATIONS: • Previous municipal experience&customer service experience. • Minimum of Associates Degree in related field. MWEVIUM TRAINING AND EXPERIENCE: See Above. SUPERVISION OF OTHERS: See Above. OTHER ITEMS: NA WORK ENVIRONMENT: The work environment characteristics described here are representative of those an employee encounters while performing the essential functions of this job. While performing the duties of this job, the employee regularly works in outside weather conditions, (from extreme cold to extreme heat). The above examples and elements are intended only as an illustration of various types of work performed and related skill sets needed by the City and isnot all-inclusive. The job description is subject to change as the needs of the employer and requirements of the job Page 49 of 272 change. ESSENTIAL PHYSICAL DEMANDS: The physical demands described here are representative of those that must be met by an employee to successfully perform the essential functions of this job. While performing the duties of this job,the employee is regularly required to use hands to finger,handle or feel objects,tosyls,or controls. The employee is frequently required to stand; walk;reach with hands and arms; climb or balance; stoop;kneel,crouch or crawl;use a telephone or equivalent. The employee must regularly lift and/or move up to twenty-five (25) pounds, frequently lift and/or move up to fifty (50) pounds, and occasionally lift and/or move more than one hundred (100)pounds. Must regularly shovel heavy snow loads. Specific vision abilities required by this job include close vision, distance vision, color vision, peripheral vision, and depth perception, and the ability to adjust focus. EQUAL EMPLOYMENT POLICY: It is the policy of the City of Oak Park Heights to provide equal employment opportunities to all persons. All employment policies and practices shall be non-discriminatory, in compliance with federal laws, statutes and local.ordinances. All positions shall be required to work from the City Hall or City designated location(s) so as to meet the City's regular customer service and staffing needs. Page 50 of 272 Create Public Works-Lead Worker Assigned Position Maintenance demands are increasing;that is to be expected as infrastructure ages and new infrastructure is added. The increased demand for maintenance equates to an increased demand for the Public works director's time which is limited without having some clear assistance to cavy out administrative and supervisory functions in the office and in the field. A possible solution is to create an assigned leadership position within the department that has a greater level of responsibility and is accountable to fulfill that responsibility, but not as extensive as the former position of Foreperson. This new position would be titled Public Works Lead Operator. The benefit to the City by creating the position is twofold: creating and assigning the position will help meet a need to free some of my time and it also encourages and incentivizes the assigned staff to accept more responsibility in carrying out service to residents and utility customers in OPH. The title itself would be an assigned position,and the person assigned to it would remain in such capacity until such time as the Director would deem necessary or possibly reassigned on a rotating basis. The supplemental wage increase would be a 5% adjustment or$2,800 annually and would be similar to other communities in the metro area with similar job duties and obligations. Full job description enclosed;as is a more detailed memo from Andy Kegley on this matter. PoIErRo cmES UNDER 10.000 Rarge Range A&uaj. 341rMURaRty Job TMe Minimum Majelm'" Average SC26 lteLZna Fvt1.5c"I T"Foreman $ 56,514 $ 7_,359 r$ 71.583 9,7693'prig Lake Paris Lead1+Worke, $ 54,745 W6819 $ 60,813 J - 3575 Da°Grove Lead Heavy'Eq'.;iamen1 DoeraYcr $ SD'C-69 $ 66,'58 $ 63,738 5762.Falcon He%hts Pu"Nt Vg,OTks Lead Wcrxe-i S 58115,5 9787 NfIeund ead i'torce: $ 55,224 $ 57.348 $ 57,346 ..—__._... ,..... AVERAGE $ 45.906 $ S'Rjo9 $ S7,03B 57274fctcr,a Lead : c.aer-Public'Nor.s $ 42,515 $ 5a;58: $ 53,581 36=4 Deepsauen Mec"rI874C I SeWer Ted ir9efian $ 42,910 $ MASI $ 53,435 2727 Ya, Rj!)4jc',Nc,-xsS:.icerm-iscr $ 46,550 $ 6:1838 $ 49,650 2499 45sec Lad RLIbiJt ih'arks $ 42,120 $ 54,852 $ 47,611 Cissert Base Wage tmr P,4'CRerater $ 55.548:0Z Prc.csec lrcer*ive�orLead,l4crker+;,80u;'Yui c 59,3480 -r crecersc. ;20 5";S4°mss=:ll)exSsec•r Page 51 of 272 Comparable Job Summaries—from LMC Lead Worker-Public Works Job Level: Performs technical work in the operation and maintenance of light to heavy duty equipment and other specialized equipment and in the lead supervision of one or more other workers and/or performance of skilled construction,maintenance and repair work. Minimum Qualifications: Four years of joumey-level experience in public works and a High School diploma OR any equivalent combination of experience and training. Duties- Coor dna s and participate6 in skilled and semi-skilled construction, maintenance,and repair work of pUbIIC works services including streets, park,facilities,and equipment maintenance and operation as assigned. Oversees and performs landscaping and gardening duties by diagnosing problems and prescribing proper treatment or solutions.Coordinates and participates in the operation of small engine equipment and light and heavy equipment in the maintenance of city streets and parks as assigned. Maintenance Supervisor Job Level:First-level supervision over work crews. Minimum Qualifications:Three to five years of experience in a Street,Highway, Utilities,or Maintenance department OR equivalent. Duties:Assigns,supervises,and directs the work of a crew in various departments such as Street,Highway, Utilities, Paris,or Maintenance. Inspects work. Keeps records of time and materials used.Work leaden;who do not perform true supervisory duties should be excluded.(Public Works Maintenance Supervisor) Page 52 of 272 Oak Park Heights Request for Council Action Meeting Date_ January 12,2016 Time Required: I Minute Agenda.Item Title: Summer Park Pro 'r 2016--Position&Events Agenda Placement Consent A end Originating Department/Reques t;cjCfty Administrator 42 Requester's Signature Action Requested Approve SMM,4 Park ProgLamming for 2016 including Staff hiring. more detail b ow Background/Justification (Pleaa indicate R any previous action has been taken or if other public bodies have advised): The 2016 budget for Summer Park Programming is $17,000; $5,000 proposed for wages($500 of which for other staff help)with the balance of$9,000 for operations and events. Because this is a "salary"the City would not specifically monitor hours required to complete the events,rather the Event Coordinator is required to input the necessary hours to successfully execute these events. (There are not anticipated PER.A contributions with this position). I have enclosed a DRAFT agreement with Ms. Gina.Zeuli, for final execution for Proposed Summer Events Coordinator. Recommendation: Authorize the holding of the Summer Park Programming for 2016 with the final event schedules to be determined by the Park Commission and authorize the City Administrator to negotiate and finalize a salary rate with Ms. ZeulL Page 53 of 272 C{ktN M.� City of Qak Park Heights 14168 Oak Park Blvd N•Box 2007+Oak Park Heights,MN 55082•Phone(651)439-4439•Fax(651)439-0574 January,,2016 TO: Ms.Gina Zeuli FROM: Eric Johnson,City Administrator RE: Position Offer—(TENTATIVE-PENDING COUNCIL APPROVAL Planned for 1112M 6) Dear Ms.Zeuli: At this time,the City is extending to you an offer of temporary employment for the Summer of 2016,as the Summer Park Events Coordinator extending from June 1st thru approximately October 1,2016 (Also pending a traditional Background Check by the City Police Department). The duties anticipated are generally found in the attached fob description and require you pian and execute a minimum of six(6)°Family Focused"Events and a minimum of eleven(11)'Children's Events",to be held in the City Park systems consistent with the Oak Park Heights Proposed Summer Programming documents—(See Appendix A when finalized).As in previous years,you will work with the Park Commission directly to finalize actual events,budgets, locations,dates,etc For compensation,the City will issue to you seven(7)equalized bi-weekly paychecks on the 15h and 30th of each month for work completed based on the salary stated below.It is unclear exactly how many hours will be required to fulfill the programming requirements,thus the position is based on a total gross salary and you would simply provide the necessary time to successfully execute each event Position Title: Temporary Summer Park Events Coordinator(See Job Description— enclosed as Appendix B) Total Gross Salary: $7,600 (2015 was$6,500) Fringe Benefits: None Approx.Start 1 End Date: June 1,2016—October 13,2016 Please sign below(and return to my attention)acknowledging your receipt and acceptance of this position and its general scope. Date Ms.Gina Zeuli _ Please additionally complete the documents found in Appendix C and return to my attention. Page 54 of 272 APPENDIX A: Oak Park Heights Summer Programming—2015 TBD Page 55 of 272 APPENDIX B: Jab Description Page 56 of 272 APPENDIX C: Additional Employment Documents Page 57 of 272 THIS PAGE IS INTENTIONALLY LEFT BLANK Page 58 of 272 Oak Park Heights Request for Council Action Meeting Date January 12 2016 Time Required: 1 minute Agenda Item Title: 2Q16 Home Occupation Permit Renewals Agenda Placement Consent Originating Department/Requestor Administration/Julie Hultman Requester's Signature Action Requested A Droa Home Occu ation Permit Renewals for 2016 Background/Justification: (Please indicate if any previous action has been taken or if other public bodies have advised) Home Occupation Permits require annual renewal. The following home occupation permit renewals were received later. Each'of those below did hold Home Occupation Permits in 2015 and seek renewal for 2016: 1. Sarah Bell, Chromal-ox Salon 2. Aaron Bye, Acer Home Inspections 3. Shaunee Olson, Shawnee's Imagination Garden (Child Daycare) Page 59 of 272 THIS PAGE IS INTENTIONALLY LEFT BLANK Page 60 of 272 Oak Park Heights Request for Council Action Meeting Date Lq&uM 121 2Q 16 Time Required: 5 Minutes Agenda Item Title: Consider Ordinance Amendments to 1441 =Regulating Wagon Vendors— Food Trucks. Agenda Placement d Business Originating Department/Req t4 'iC hnson- City Administrator Requester's Signature f Action Requested sio ossible Action Background/Justification(Please indicate if any previous action has been taken or if other public bodies have advised): CONTINUED l 12/8/13-REVISED PROPOSED ORrgNANCE ENCLOSED—See- 1401.02 C 7P City Staff has explored the issue of a possible prohibition of FOOD TRUCKS operating in the City.The enclosed ordinance amendments(140 1)would implement such prohibition with some limited exceptions for private catering events and limited non-profit sales events.Many cities have explored this issue and have taken various approaches of not regulating such operations,Wallowing some limited areas as well as prohibiting them.(see next page) In short,some criteria to consider to permit Food Trucks would be if there would be a food void(where there is limited to no local food options)or where there is a viable pedestrian-based demand that is potentially underserved such as in a downtown or more urban setting as these can help such areas retain shoppers.However,Oak Park Heights would not seem to readily fall under either of these criteria—as there are numerous retail food establishments and tate City is not akin to a large or focused pedestrian base.Moreover,the City would have an interest in preserving its"brick and mortar"business base for which limiting food trucks can be such a tool. To date,to the best of my knowledge there is not a food truck regularly operating in the City—FOR SALE OF ITEMS TO THE GENERAL PUBLIC- but some inquires have beta received over the past fvv months,Moreover those operations that serve a private catering function to local businesses and their staff would be permitted with no supplemental City issued permit required. Page 61 of 272 1401 AN ORDINANCE REGULATING WAGON VENDORS,ESTABLISHING PERMIT FEES AND PROVIDING PENALTIES FOR VIOLATION. THE CITY COUNCIL OF THE CITY OF OAK PARK HEIGHTS, WASHINGTON COUNTY, MINNESOTA,DOES ORDAIN: 1401.01 Purpose and Intent. This Ordinance is adopted for the purpose of protecting the public health, safety, morals,comfort,convenience,and general welfare of the citizens of the City of Oak Park Heights,by regulating the ivities of wagon vendors on the,public,$ ets of the City of Oak Park Heights. It is not intended by the provisions of this Ordinance to abrogate,in any way,the provisions of Minnesota Statutes regarding the licensing of the sale of food,but it is deemed essential for the Oak Park Heights City Council to require the issuance of a permit in order to control the hours and routes of operation of vehicles dispensing or vending confections and to assure that insurance and other safety requirements, as set forth herein,have been complied with. 1401.02 Permit Required. \ No owner or operator of any vehicle which is used for the purpose of offering for sale,dispensing or vending goods directly from such vehicle shall carry on such dispensing or vending activity on the public streets of the City of Oak Park Heights unless such vehicle is licensed by the State of Minnesota and unless the provisions of this ordinance have been met. , or-vending aetivity on the publie streets of the Gity of Oak Park Heights unless sueb vehicle is licensed by the State of MiRnesota and tialess the pi:avisieiis of this ordinance have been met. No other.vehicle, trailer or mobile food unit based_ 1=ood sales other than as permitted in this Ordinance may operate in the City_ B..... .. This Ordinance shall not apply to persons using vehicles for the delivery of, as distinguished from offering for sale, goods or services directly to homes or establishments where the goods are taken by the operator of the vehicle onto private or public property for delivery. The permit shall be required, however, to assure compliance with the provisions of this Ordinance for any mobile unit being used on the public streets for the purpose of vending or dispensing as aforesaid. C. A mobile food unit mgy operate on VLnvate property with the written consent Q�YISED of the private proe owner for tem or rivate catering oses and servin fttC" qWy the owners of the pmpeijy and/or their direct em to ees and shall not be open for nor engage in sales to the general public,visitors to the site or to any other party Ani rivate property owner may host up to one mobile food unit at one time A I Page 62 of 272 mobile food unit may not o erate on Qiy propprlywithout the prior written aroval by the City Council.Mobile food units are otherwise prohibited in all other locations and may not operate at lame in the City or on City_right of ways For the purposes of this Ordinance a"mobile food unit"is: 1 A self-contained food service operation-, located in a readily movable motorized wheeled or towed vehicle that is readil , movable without disassembling and that is used to store prepare, display or serve food intended for individual portion service;or(2)A mobile food unit as defined in Minnesota Statutes,_section 157.15, subdivision 9 D. Mobile food units fully compliant with Section C of 1401.02 and operating on rivate propga are not required to secure any further permits from the Ci E. On lands zoned B-2 or B-4, private property owners may apply for a temporary mobile food,unit permit from the CjV for the placement of mobile food units for the sole purposes of the sale of food items to the general public however such operations must be exclusively operated by a IRS recognized 501 c.3 charitable organization where a maiori - of all funds collected are for the sole purposes of directly benefitting such organization or its charitable Dumoses.Food sales shall on1 occur on Saturdays and Sundays between 10 am and 6 pm No propertmay_host more than one mobile food unit at one time up to a total of ten(10)days per calendar year.A se crate permit shall be secured by the pLoj2Lgy owner from the City pn to the commencement of any operation of a mobile food unit under this section. Proof of the 501 c. 3 designation and liability insurance will be required F. All mobile food units must comply with all other County or State requirements or laws relative to those respective agencies licensures and/or inspections and all operators must be prepared to produce documentation of such compliance while in operation. 1401.03 Application for Permit. A. Application for a wagon vendor's permit shall be made to the City Clerk on a form to be provided by the City. The application shall describe the vehicle from which said vending operations will be carried on and shall give the names of the persons interested in said business. It shall describe the types of confections or other goods which will be sold from said vehicle. B. The applicant shall also set forth the names of the insurers providing liability coverage on the vehicle and the amount of coverage carried and shall contain the proposed hours and routes of operation. The application shall be for a specific vehicle and shall contain the name, signature and address of the owner, a description of the vehicle including the serial number, the Minnesota vehicle license number,the make and model of the vehicle, and 2 Page 63 of 272 the number of the license issued by the Commissioner of Agriculture for the sale of food. 1401.04 Permit Fee. The applicant applying for a wagon vendor's permit shall, before being issued a permit, pay to the City Clerk such sum as shall be established by City Council resolution. The application shall be approved by the City Council. The permit shall be nontransferable and all permits shall be for a period of one year and shall expire on the 31 st day of December of each year. 1401.05 Hours and Routes No owner or operator issued a permit for vending and dispensing as aforesaid shall carry on such activities in the City of Oak Park Heights except between the hours of 1:00 P.M.to 4:00 P.M.and 6:30 P.M.to 9:30 P.M. More than ten (10) days before the commencement of his operations, the applicant shall file with the Chief of Police a proposed route or routes over which the vehicle will travel each day within the City. The applicant shall follow such route while operating within the City. Proposed changes shall be filed with the Chief of Police at least ten days in advance of making such changes. If the Chief of Police shall disapprove of such routes,the applicant may appeal the ruling of the Chief to the City Council for determination. Only such routes shall be approved as will minimize the hazard to persons who may be customers to such vehicle and which will minimize traffic difficulties which may arise out of such operations.A Wagon Vendor may only sell confections and novelties limited to prepackaged goods such as popcom soft drinks and ice cream. 1401.06 Safety Requirements. Every applicant shall maintain liability insurance in the amount of at least $100,000.00 for single injuries and$300,000.00 for each accident,together with at least $10,000.00 property insurance. Vehicles must be parked at the curb while engaging in vending operations and vending shall be done only at the curb side of the vehicle. Each vehicle must be equipped with flashing lights on both the front and rear of the vehicle clearly visible to oncoming traffic in full daylight. 1401.07 Revocation. Every such permit may be revoked by the City Council for violation of any provision of this Ordinance if the permittee has been given reasonable notice and opportunity to be heard. 1401.08 Severability of Invalid Provisions. If any provision of this Ordinance shall be held invalid,its invalidity shall not affect any other provisions of this Ordinance that can be given effect without the invalid 3 Page 64 of 272 provision,and for this purpose the provisions of this ordinance are hereby declared to be severable. 1401.09 Pte. Violation of this Ordinance shall be a misdemeanor and may be punishable by a fine not to exceed Seven Hundred Dollars ($700.00) or imprisonment not to exceed ninny (90) rays, or both, Ewh scp to day such woIudon is contin shad constitute a separate offense. 4 Page 65 of 272 B0181 ountp Blaine In industrial areas only to sereve workers By ordinance and I icense we only al I ow them In industrial areas to serve workers.CA Burnsville Notprohibited. No.Wehaveanordinanceinplacetoallowthem.-Weonlyhave two Faribault Notprohibited. We don't regulate the four or so food trucks that we have in Faribault Because Mounds View lacks pedestrian density,none ofthe restaura nis were overly concerned abt food trucks—it was anon Mounds View Notprohlbited. issue i n their opinion.We've had twodifferenttacotrucks over the last couple years,peoplesay the food is good though i don't think thev net much business North Oaks No Ordinance We don't have any such ordinance Savage Generally prohibited with limited special events Ordinance basically states they are not allowed unless in coniunction with a special events permit Our ordinances do not al low the conduct of business on our City Waconia Not an City Streets/On Private Property with Streets.This ordinance prevents food trucks.We do allaw food Permission from Owner trucks on private property.So if a business owner wishes to host one,weallow that Page 66 of 272 r Oak Park Heights Request for Council Action Meeting Date Jan 12'h 2016 Time Required: 5 Minutes Agenda Item Title; ki -6061 Osizood Ave. // / Agenda Placement New Bus' s Originating DepartmentllRe est on Administrator Requester's Signature Action Requested Discussio P sible Action Background/Justification(Ple cate if any previous action has been taken or if other public bodies have advised): Please see the attached from City Planner Scott Richards: 1- Planning Report dated Dec 2nd 2015, 2. Planning Commission Resolution-Unsigned 3. Proposed City Council Resolution Page 67 of 272 TPC3e01 Thurston Avenue N.Suite 100 &VALf WM Anoka. MN 55303 Phone:763.231.6640 Facsimile: 763.427.0520 TPC@P1annin9Co.00m PLANNING REPORT TO: Eric Johnson FROM: Scott Richards DATE: December 2, 2015 RE: Oak Park Heights—Walgreens—Variance for Parking Setback and Landscape Plan Review— 6061 Osgood Avenue North TPC FILE: 236.02- 15.10 BACKGROUND Dennis Russel on behalf of Holmen Office Associates has made application for a parking setback variance from Osgood Avenue. The application consists of requests for a setback variance from Osgood Avenue related to a property taking from the Minnesota Department of Transportation and for a landscape plan review. The Site Plan and Conditional Use Permit approvals for the Walgreens was approved in March 2002 and amended July 2002. At that time, a 10 foot setback from Osgood Avenue to the parking area was provided. 'This summer, the Minnesota Department of Transportation (MnDOT) acquired, through condemnation, a strip of land from Holmen Office Associates on the west side of their property as a result of improvements to Highway 36. The acquisition eliminated most of the setback between Osgood Avenue and the parking area on the west side of the property. Additionally, the Applicant requests a review of the existing landscaping to determine if it meets City requirements. The parcel is zoned B-2 General Business District. EXHIBITS The review is based upon the following submittals: Exhibit 1: Project Narrative, October 22, 2015. Exhibit 2: Existing Conditions (1 of 2) Exhibit 3: Existing Landscape(2 of 2) Page 68 of 272 PROJECT DESCRIPTION Please find an excerpt of the project narrative as follows. The narrative also contains a review of the variance criteria which can be found in its entirety as Exhibit 1. We, Holmen Office Associates own the building In the northeast quadrant of Osgood Avenue and State Trunk Highway (STH) No. 36. The site is occupied by a Walgreens Drug store. As a result of the updating of STH No. 36 the Minnesota Department of Transportation acquired, in condemnation, a strip of land from out site along ifs western side. That parcel taken is known as Parcel 93 as shown on the MnDOT Right of Way Plat No. 82-120. Prior to the taking the site contained 59,251 square feet or 1.36 acres Atter that taking the parcel contains 57,661 square feet or 1.32 ages. The parcel is currendy zoned B-2, General Business. In order to portray the conditions existing on the site after MnDOrs acquisition a Partial Existing Conditions survey was performed by Loucks dated October 20 & 23, 2015. This surrey shows the existing conditions west and southwest of the existing building. Loucks has also prepared a Partial Existing Landscape Conditions plan, dated October 20, 2015 showing the existing landscape features along the west and southwest boundaries. This request Is being made as a result of impact on the site of that acquisition of Parcel 93. This request has two parts. 1. Variance Request The first part of this request is for the granting of a variance form the required 10 foot setback from the west property line for parking curb. As a result of the acquisition by MnDOT of Parcel 93 the curb along the west boundary of the site does not meet the 10.00 foot setback required by City Ordinance Section 401.15.C(1)(d). The resulfing setbacks to the curb range from one-tenth of a foot to 6.4 feet and are shown on the Loucks'"Partial Existing Conditions"plan submitted with this request. The resultant effect of this acquisition is that the curb on the west side of the site does not meet the required setback Typically a variance is requested prior to the condition requiring the variance faking place. On this case the variance is being requested after the fact for the following reason: the Ordinances of the City of Oak Park Heights do not contain the provision that automatically grandfather's in parcels that become non- conforming due to the action of a condemnation. For that reason we are asking that the parcel is a legal non-conforming use subsequent to the impact of the condemnation. Variance condition review—see Exhibit 1. 11. Landscape Features Request 2 Page 69 of 272 The second part of the request relates to the status of the remaining, existing landscape features along the west side of the site. As a result of the MnDOT acquisdan of Parcel 93, the reconstruction of Osgood Avenue adjacent to the site, changes were made to the street, sidewalk and other features on the site and in Osgood Avenue adjoining the site to the west. We are requesting that the City of Oak Park Heights examine the "Partial Existing Landscape Conditions"plan submitted with this request and determine if the remaining landscape features, following the condemnation of Parcel 93, meet the City's landscape requirements for the site. ISSUES ANALYSIS Comprehensive Plan. The property is designated as Commercial on the Proposed Land Use Map of the Comprehensive Plan. The use of the building for a retail pharmacy is compatible with this land use designation. Zoning. The property is zoned B-2 General Business District. The Walgreens is a permitted use in the District. A variance is required in that the City, in Section 401.15.F.4.h.17 of the Zoning Ordinance, requires that the curb barrier of the parking lot be no closer than ten feet to any lot line or right of way line. As a result of the MnDOT acquisition, the resulting setbacks to the curb range from one-tenth of a foot to 6.4 feet. Some of the landscaping that was previously on the Walgreen's lot is now part of the right of way. A review of the variance criteria for the setback is found as follows: Setback Variance. Variance criteria are provided in Section 401.04 of the Oak Park Heights Zoning Ordinance. The Planning Commission and the City Council should review the following criteria and conditions to determine if the variance is justified. Review Criteria. The Planning Commission and City Council should make a finding of fact that the proposed action will not•. a. Impair an adequate supply of light and air to adjacent property. b. Unreasonably increase the congestion in the public street. c. Have the effect of allowing any district uses prohibited therein, permit a lesser degree of flood protection than the flood protection elevation for the particular area or permit standards which are lower than those required by State law. d. Increase the danger of fire or endanger the public safety. e. Unreasonably diminish or Impair established property values within the neighborhood, or in any way be contrary to the intent of this Ordinance. f. Violate the intent and purpose of the Comprehensive Plan. g. Violate any of the terms or conditions of Item 5, below. GDndNans for Approval. A variance from the terms of this Ordinance shall not be granted unless It can be demonstrated that: a. Undue hardship will result if the variance is denied due to the existence of special conditions and circumstances which are peculiar to the land, structure, or building involved and which are not applicable to other lands,structures or buildings in the same district. 1) Special cases may include exceptional topographic or water conditions or, in the case of an existing lot or parcel of record, narrowness, shallowness, insufficient area or shape of the property. 3 Page 70 of 272 2) Undue hardship caused by the special conditions and circumstances may not be solely economic in nature, If a reasonable use of the property exists under the terms of this Title. 3) Special conditions and circumstances causing undue hardship shall not be a result of lot size or building location when the lot qualifies as a buildable parcel. b. Literal interpretation of the provisions of this Ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this ordinance or deny the applicant the ability to put the property In question to a reasonable use. c. The special conditions and circumstances causing the undue hardship do not result from the actions of the applicant. d. Granting the variance requested will not confer on the applicant any special privilege that is denied by this Ordinance to other lands, structure or buildings n the same district under the same conditions. e. The request is not a result of non-conforming lands, structures or buildings in the same district. f. The request is not a use variance. g. The variance requested is the minimum variance necessary to accomplish the intended purpose of the applicant. h. The request does not create an inconvenience to neighboring properties and uses. The Applicants have requested the variance in that the acquisition by MnDOT has created a nonconforming setback between the right of way line and the parking lot curb. When installed, the curb was conforming to the required 10 foot setback. The narrow setback will not have an impact on neighboring properties; increase the congestion on the adjacent street, impact public safety, affect property values or conflict with the Comprehensive Plan. The Applicant did not create this situation; it was by the actions of MnDOT that the variance is now requested. Due to the fact that the additional right of way was necessary for the improvements to Highway 36, and the Applicant did not create the need for the variance, City Staff has no issues with approving the variance as requested. Landscaping. The Applicant has provided the existing landscape conditions on the west and south side of the subject site. Some of the landscape materials on the west side are now part of the MnDOT right of way. The Applicant is asking if this affects the conformity with the landscape requirements of the Zoning Ordinance. In that most of the landscape plantings are still on the Applicants parcel, City Staff does not have an issue with the current plan. A condition will be added that the Applicant shall be required to maintain the landscape materials that are currently on the MnDOT right of way. Freestanding Sign. The plan indicates that a portion of the existing freestanding sign is now extending over the right of way line into MnDOT right of way. Section 401.15.G.5.m. requires a five foot setback from the property line for signs. With the MnDOT acquisition, the sign extends over the line approximately two feet. City Staff has concluded that the sign can remain as a nonconformity until such time that MnDot may require it to be removed. 4 Page 71 of 272 CONCLUSION 1 RECOMMENDATION Upon review of the request for a setback variance from Osgood Avenue related to a Property taking from the Minnesota Department of Transportation and for a landscape plan review, City Staff would recommend the project with the conditions as follows: I. The Planning Commission should discuss the request and determine whether the request for the setback variance is justifiable. 2. The Applicant shall be required to maintain the landscape materials that were previously on the subject site but are currently on the MnDOT right of way. 3. The freestanding sign can remain as a nonconformity until such time that MnDOT requires it to be removed. If the sign is replaced, it shall be constructed to comply with City Zoning standards. Pc: Julie Hultman 5 Page 72 of 272 EXHIBIT Holmen Office Associates 6061 Osgood Ave., Oak Park Heights, MN PID No. 33.030.20.44.0020 Narrative of Request to the City of Oak Park Heights October 22, 2015 We, Holmen Office Associates own the building in the northeast quadrant of Osgood Avenue and State Trunk Highway (S.T.H.) No. 36. The site is occupied by a Walgreens Drug store. As a result of the updating of S.T.H. No. 36 the Minnesota Department of Transportation acquired, in condemnation, a strip of land from our site along its western side. That parcel taken is known as Parcel 93 as shown on the MnDOT Right of Way Plat No. 82-120. Prior to the taking the site contained 59,251 square feet or 1.36 acres. After that taking the parcel contains 57,661 square feet or 1.32 acres. The parcel is currently zoned B-2, General Business. In order to portray the conditions existing on the site after MnDOT's acquisition a Partial Existing Conditions survey was performed by Loucks dated October 20 & 23, 2015. This survey shows the existing conditions west and southwest of the existing building. Loucks has also prepared a Partial Existing Landscape Conditions plan, dated October 20, 2015 showing the existing landscape features along the west and southwest boundaries. This request is being made as a result of impact on the site of that acquisition of Parcel 93. This request has two parts: I. Variance Request The first part of this request is for the granting of a variance from the required 10 foot setback from the west property line for parking curb. As a result of the Page 73 of 272 acquisition by MnDOT of Parcel 93 the curb along the west boundary of the site does not meet the 10.00 foot setback required by City Ordinance Section 401.15.C(1)(d). The resulting setbacks to the curb range from one-tenth of a foot to 6.4 feet and are shown on the Loucks' "Partial Existing Conditions" plan submitted with this request. The resultant effect of this acquisition is that the curb on the west side of the site does not meet the required setback. Typically a variance is requested prior to the condition requiring the variance taking place. In this case the variance is being requested after the fact for the following reason: the ordinances of the City of Oak Park Heights do not contain the provision that automatically grandfather's-in parcels that become non-conforming due the action of a condemnation. For that reason we are asking the City for the grant of a variance to the setback in order to confirm that the parcel is a legal non-conforming use subsequent to the impact of the condemnation. Following are the justifications, as we see them, for the granting of the variance, listed here in correlation with the variance conditions listed in City Ordinance No. 401.04.A (5). (Italics represent wording from the city ordinance; bold represents our response): a. Undue hardship will result if the variance is denied due to the existence of special conditions and circumstances which are peculiar to the land, structure, or building involved and which are not applicable to other lands, structures or buildings in the same district. The unique condition here is that Parcel 93 was taken by MnDOT after approval and development of the property, causing the non-conforming setbacks. V Special conditions may include exceptional topographic or water conditions or, in the case of an existing lot or parcel of record, narrowness, shallowness, insufficient area or shape of the property. The special condition here is the change in the parcel boundary due to the MnDOT taking. 2) Undue hardship caused by the special conditions and circumstances may not be solely economic in nature, if a reasonable use of the property exists under the terms of this Title. The variance is being requested in order to affirm that the reasonable use of the property will be allowed to continue. Page 74 of 272 3)Special conditions and circumstances causing undue hardship shall not be a result of lot size or building location when the lot qualifies as a buildable parcel. This request is not related to lot size or building location. b. literal interpretation of the provisions of this Ordinance would deprive the applicant Of lights commonly enjoyed by other properties in the same district under the terms of this Ordinance or deny the applicant the ability to put the Property in question to a reasonable use. Denial of the variance request would make the parking non-conforming and possibly impede future use or sale of the property. C. The special conditions and circumstances causing the undue hardship do not result from the actions of the applicant. The cause of the insufficient parking setbacks was completely out of the control of the applicant and was due solely to the unavoidable condemnation by MnDOT. d. Granting the variance requested will not confer on the applicant any special Privilege that is denied by this Ordinance to other lands, structures or buildings in the same district under the same conditions.This condition is unique to this parcel due to the condemnation which took place after the site development was approved and constructed. e. The request is not a result of non-conforming lands, structures or buildings in the same district. No other lands are involved in this condition. It exists solely between this parcel and the public right-of-way of Osgood Avenue. f. The request is not a use variance. This request does not involve a use variance. It is solely a parking setback variance. g. The variance requested is the minimum variance necessary to accomplish the intended purpose of the applicant. The variance dimensions here represent the only dimensional request that can be made. The resulting setbacks represent the condition created by the MnDOT taking which moved the west property line and its relation to the existing, already constructed parking stalls. h. The request does not create an inconvenience to neighboring properties and uses This variance request will not affect any other properties. The physical conditions that necessitate this variance are already in existence and are functioning, in regard to the pedestrian and vehicular traffic in and adjacent to Osgood Avenue. Page 75 of 272 II. Landscape Features Request The second part of the request relates to the status of the remaining, existing landscape features along the west side of the site. As a result of the Mn DOT acquisition of Parcel 93, and the reconstruction of Osgood Avenue adjacent to the site, changes were made to the street, sidewalk and other features on the site and in Osgood Avenue adjoining the site to the west. We are requesting that the City of Oak Park Heights examine the "Partial Existing Landscape Conditions" plan submitted with this request and determine if the remaining landscape features, following the condemnation of Parcel 93, meet the City's landscape requirements for the site. Respectfully Submitted, Holmen Office Associates Page 76 of 272 3 Hs'.,Ull oil e tg gLj f3(, ■O[ F B B •OOS+ J — R 6 -tea►� 'N�a li,•i 'N 1�7 ate! I i.` � I 41 is! 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Page 78 of 272 A RECOMMENDING RESOLUTION OF THE PLANNING COMMISSION CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY,MINNESOTA A RESOLUTION ESTABLISHING FINDINGS OF FACT AND RECOMMENDING TO THE CITY COUNCIL THAT THE REQUEST BY HOLMEN OFFICE ASSOCIATES FOR A PARKING SETBACK VARIANCE FROM OSGOOD AVENUE AT 6061 OSGOOD AVENUE NORTH (WALGREENS) SHOULD BE APPROVED WITH CONDITIONS WHEREAS,the City of Oak Park Heights has received a request by Holmen Office Associates for a parking setback variance from Osgood Avenue at 6061 Osgood Avenue North(Walgreens); and after having conducted a public hearing relative thereto,the Planning Commission of Oak Park Heights makes the following findings of fact: 1. The real property affected by said application is legally described as fellows, to wit: SEE ATTACHMENT A and 2. The applicant has submitted an application and supporting documentation to the Community Development Department consisting of the following items: SEE ATTACHMENT B and 3. The property is zoned B-2, General Business District. The use of the site for a retail Walgreens location is a permitted use; and 4. A variance is required in that the City, in Section 401.15.F.4.h.17 of the Zoning Ordinance requires that the curb barrier of the parking lot be no closer than ten feet to any lot line or right of way line. This summer the Minnesota Department of Transportation acquired, through condemnation, a strip of land from Holmen Office Associates on the west side of their property for improvements to Highway 36. The acquisition eliminated most of the setback between Osgood Avenue and the parking area on the west side of the property; and 5. As a result of the Minnesota Department of Transportation acquisition, the resulting setbacks to the curb range from one-tenth of a foot to 6.4 feet; and 6. Holmen Office Associates also requests a review of the existing landscaping to determine if it meets City requirements; and Page 79 of 272 7. City staff prepared a planning report dated December 2, 2015 reviewing the request; and 8. Said report recommended approval of the variance subject to the fulfillment of conditions; and 9. The Planning Commission held a public hearing at their December 10, 2015 meeting, took comments from the applicants and public, closed the public hearing, and made the following recommendation: NOW,THEREFORE,BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF OAK PARK HEIGHTS THAT THE PLANNING COMMISSION RECOMMENDS THE FOLLOWING: A. The application for a request by Holmen Office Associates for a parking setback variance from Osgood Avenue at 6061 Osgood Avenue North(Walgreens) and affecting the real property as follows: SEE ATTACHMENT A The Planning Commission of the City of Oak Park Heights recommends the setback variance subject to the following findings of fact: 1. The variance criteria in Section 401.04 of the Zoning Ordinance have been reviewed and it has been determined by the Planning Commission that the variance is justified. 2. The applicants have requested the variance in that the acquisition by Minnesota Department of Transportation has created a nonconforming setback between the right of way line and the parking lot curb. The applicant did not create this situation; it was by the actions of the Minnesota Department of Transportation that the variance is now requested. 3. The resulting narrow setback will not have an impact on neighboring properties, increase the congestion on the adjacent street, impact public safety, affect property values or conflict with the Comprehensive Plan. The Planning Commission recommends the application the subject to the conditions as follows: 1. The Planning Commission discussed the request and determined that the request for the setback variance is justifiable. 2 Page 80 of 272 2. The Applicant shall be required to maintain the landscape materials that were previously on the subject site but are currently on the Minnesota Department of Transportation right of way. 3. The freestanding sign can remain as a nonconformity until such time that the Minnesota Department of Transportation requires it to be removed. If the sign is replaced, it shall be constructed to comply with City Zoning standards. Recommended by the Planning Commission of the City of Oak Park Heights this 10th day of December, 2015. Jim Kremer, Chair ATTEST: Eric A. Johnson, City Administrator 3 Page 81 of 272 ATTACHMENT A y. Variance—Parking Setback Holmen Office Associates For Walgreen's 6061 Osgood Ave.N. Washington County GEO Code: 34.030.20.44.0020 Physical Address: 6061 Osgood Ave. N. Page 82 of 272 ATTACHMENT B Aft Variance—Parking Setback Holmen Office Associates for Walgreen's 6061 Osgood Ave.N. Application Materials • Application Form • Fees • Written Narrative and Graphic Materials Explaining Proposal • Mailing List from Washington County (500' from subject property) • Proof of Ownership or Authorization to Proceed • Property Tax Statement(s)/Legal Description(s) Planning Commission Public Hearing&Recommendation: December 10, 2015 Variance—Lapse of Approval: Unless the City Council specifically approves a different time when action is officially taken on the request, the variance shall become null and void twelve(12)months after the date of approval, unless the property owner or applicant has substantially started the construction of any building structure, addition or alteration, or use requested as part of this variance. The property owner shall have the right to submit an application to extend the approval of a variance to the Zoning Administrator not less than thirty(30)days before the expiration of said approval. (401.4.0 .1 —401.4.C.2) Page 83 of 272 RESOLUTION NO. CITY COUNCIL CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY,MINNESOTA A RESOLUTION ESTABLISHING FINDINGS OF FACT AND RESOLUTION OF THE CITY COUNCIL THAT THE REQUEST BY HOLMEN OFFICE ASSOCIATES FOR A PARKING SETBACK VARIANCE FROM OSGOOD AVENUE AT 6061 OSGOOD AVENUE NORTH (WALGREENS) BE APPROVED WITH CONDITIONS WHEREAS,the City of Oak Park Heights has received a request by Holmen Office Associates for a parking setback variance from Osgood Avenue at 6061 Osgood Avenue North(Walgreens); and after having conducted a public hearing relative thereto, the Planning Commission of Oak Park Heights recommended that the application be approved with conditions. The City Council of the City of Oak Park Heights makes the following findings of fact and resolution: 1. The real property affected by said application is legally described as follows,to wit: SEE ATTACHMENT A and 2. The applicant has submitted an application and supporting documentation to the Community Development Department consisting of the following items: SEE ATTACHMENT B and 3. The property is zoned B-2, General Business District. The use of the site for a retail Walgreens location is a permitted use; and 4. A variance is required in that the City, in Section 401.15.F.4.h.17 of the Zoning Ordinance requires that the curb barrier of the parking lot be no closer than ten feet to any lot line or right of way line. This summer the Minnesota Department of Transportation acquired,through condemnation, a strip of land from Holmen Office Associates on the west side of their property for improvements to Highway 36. The acquisition eliminated most of the setback between Osgood Avenue and the parking area on the west side of the property; and 5. As a result of the Minnesota Department of Transportation acquisition, the resulting setbacks to the curb range from one-tenth of a foot to 6.4 feet; and 6. Holmen Office Associates also requests a review of the existing landscaping to determine if it meets City requirements; and Page 84 of 272 7. City staff prepared a planning report dated December 2,2015 reviewing the request; and 8. Said report recommended approval of the variance subject to the fulfillment of conditions; and 9. The Planning Commission held a public hearing at their December 10, 2015 meeting,took comments from the applicants and public, closed the public hearing, and recommended the application with conditions. NOW, THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL FOR THE CITY OF OAK PARK HEIGHTS THAT THE CITY COUNCIL APPROVES THE FOLLOWING: A. The application for a request by Holmen Office Associates for a parking setback variance from Osgood Avenue at 6061 Osgood Avenue North(Walgreens) and affecting the real property as follows: SEE ATTACHMENT A The City Council of the City of Oak Park Heights approves the setback variance subject to the following findings of fact: 1. The variance criteria in Section 401.04 of the Zoning Ordinance have been reviewed and it has been determined by the Planning Commission and City Council that the variance is justified. 2. The applicants have requested the variance in that the acquisition by Minnesota Department of Transportation has created a nonconforming setback between the right of way line and the parking lot curb. The applicant did not create this situation; it was by the actions of the Minnesota Department of Transportation that the variance is now requested. 3. The resulting narrow setback will not have an impact on neighboring properties, increase the congestion on the adjacent street, impact public safety, affect property values or conflict with the Comprehensive Plan. The City Council approves the following subject to the conditions as follows: L The City Council has determined that the request for the setback variance is justifiable. 2. The Applicant shall be required to maintain the landscape materials that were previously on the subject site but are currently on the Minnesota Department of Transportation right of way. 2 Page 85 of 272 3. The freestanding sign can remain as a nonconformity until such time that the Minnesota Department of Transportation requires it to be removed. If the sign is replaced, it shall be constructed to comply with City Zoning standards. Approved by the City Council of the City of Oak Park Heights this 12th day of January, 2016. Mary McComber,Mayor ATTEST: Eric A. Johnson, City Administrator 3 Page 86 of 272 ATTACHMENT A Variance—Parking Setback Holmen Office Associates For Walgreen's 6061 Osgood Ave.N. Washington County GEO Code: 34.030.20.44.0020 Physical Address: 6061 Osgood Ave. N. Page 87 of 272 ATTACHMENT B r�. Variance—Parking Setback Holmen Office Associates for Walgreen's 6061 Osgood Ave.N. Application Materials • Application Form • Fees • Written Narrative and Graphic Materials Explaining Proposal • Mailing List from Washington County(500' from subject property) • Proof of Ownership or Authorization to Proceed • Property Tax Statements)/Legal Description(s) Planning Commission Public Hearing&Recommendation: December 10, 2015 Variance—Lapse of Approval: Unless the City Council specifically approves a different time when action is officially taken on the request,the variance shall become null and void twelve(12)months after the date of approval,unless the property owner or applicant has substantially started the construction of any building structure, addition or alteration, or use requested as part of this variance. The property owner shall have the right to submit an application to extend the approval of a variance to the Zoning Administrator not less than thirty(30)days before the expiration of said approval. (401.4.C .1 —401.4.C.2) Page 88 of 272 0 Oak Park Heights Request for Council Action Meeting Date _ January 120',2016 Time Required: 5 Minutes Agenda Itc-a Title, BoubmIls Landing— QE=—Plamed 9mmIoDment 5600 Norwic a . /.//I Agenda,Placement New Bus' e Originating Department/Re uei Administrator Requester's Signature 0�/ Action Requested Discussion P ssible Action Background/Justification(Pie indicate if any previous action has been taken or if other public bodies have advised): Please see the attached from City Planner Scott Richards: 1. Planning Report dated Dec 2nd 2015, 2. Planning Commission Resolution-Unsigned 3. Proposed City Council Resolution Page 89 of 272 3501 Thurston Avenue N.Suite 100 Anoka, MN 55303 FWLIZE Phone:763.231.5840 Facsimile:763.427.0520 TPCTFC6F4anningCo.00m PLANNING REPORT TO: Eric Johnson FROM: Scott Richards DATE: December 2, 2015 RE: Oak Park Heights— Boutwells Landing Village Green Improvements— Planned Unit Development—General Plan TPC FILE: 236.02- 15-09 BACKGROUND Kirk Velett of Insite Architects, on behalf of Valley Senior Services Alliance, has filed an application for a Planned Unit Development, General Plan approval for improvements to the Boutwells Landing Village Green at 5600 Norwich Parkway. The improvements include the construction of a historic church structure and gazebo adjacent to the existing school house. Other improvements include an expansion of an existing nearby parking lot and additional landscaping. The plans for the historic Village Green were conceptually approved by the City Council in November of 2005. Those plans included the school, church and the gazebo. The General Plan for the historic school was approved in May of 2008. Those plans did not Include approvals for the remaining portions of the Village Green. EXHIBITS The review is based upon the following submittals: Exhibit 1: Project Narrative Exhibit 2: Subject Site Survey Exhibit 3: Site Plan on Aerial Exhibit 4: Site/Grading Plan Exhibit 5: Landscape Plan (L9of1) Exhibit 6: Utility Plan Exhibit 7: Building Plans/Elevations Page 90 of 272 PROJECT DESCRIPTION The Project Narrative from Kirk Velett, found as Exhibit 1, describes the project. The narrative is as follows: The Boutwells Landing Village Green will serve as a visual icon and as an attractive, functional space to be used in a variety of ways that complement the warm, small-town, values-based symbolism it represents. A Historic Symbol of Goodness and Values Boutwells Landing has been built with a design that intentionally honors the historical significance of the area. Photos, design elements, and various displays throughout the campus help tell the story of the birthplace of Minnesota and the decades that followed. A natural extension of the historical theme of Boutweils Landing was the history of small towns in the Midwest where so many Boutwells residents were raised. Just the sight of a town square - comprised of a one-room schoolhouse, a gazebo, and a small church - could evoke in the minds of residents and guests a wann remembrance of their childhood and the values with which they were raised: honesty, integrity, doing one's best, goodness, kindness, and the golden rule. This gave rise to the Village Green concept of Boutwells Landing that blended the town square concept with local historical landmarks. the one-room McKean Schoolhouse (built in 1860) and the First Presbyterian Church of Stillwater(built in 1857). One-room Schoolhouse The McKean School was restored in large part by Boutwells Landing residents who volunteered to repair, restore, and furnish the school to the way it looked in the early 1900's. Shortly atter its re-dedication in 20008 the schoolhouse was used for a unique, lively, week-long summer camp for 6-12 year-olds who wanted to experience what it was like attending a one-room schoolhouse. Open house tours, field trips for local schools, and experiential learning collaborations with local schools are all activities that are expected to develop and grow once resbvoms become available in the neighboring historic church. Historic First Presbyterian Church Lacking a local historic church to move to Boutwells Landing, the ideal solution for the Village Green was to use pictures of the historic First Presbyterian Church of Stillwater to create an architectural replica. Reverend William Boutwell, after whom Boutwells Landing is named, was instrumental in starting and leading the congregation in its early days. It was a natural choice for a replica addition to the Village Green. The interior design will be open and flexible. Stacking chairs and folding tables will be used to accommodate various types of meetings and events, creating a multi-functional space. Resident meetings and various Boutwells presentations and events will be the most prevalent use of the church's indoor space. As with other spaces at Boutwells, people or groups from the community at large will be welcome to use the space for a modest fee. The church Is expected to be used by residents for religious purposes, though not as a congregation or a place used exclusively for worship. Semi-regular use is expected by residents for prayer groups, bible study, and spiritual life activities. An occasional 2 Page 91 of 272 t wedding of a couple who are residents or a resident's family member is possible. Likewise, a memorial service for a resident may take place, though most of them are expected to be held in the existing chapel. Gazebo The third structure for the Village Green will complete the town square appearance. While acting as a visual anchor to create the town square image, an occasional performance by a small ensemble may occur. Another use may be as a stage for a speaker at an occasional outdoor event held at Boutwells Landing. An employee picnic, a Boutwells neighborhood social, or a presentation to residents are examples of events where a speaker may step up to the gazebo to be seen or heard. ISSUES ANALYSIS Comprehensive Plan. The property is designated as High Density on the Proposed Land Use Map of the Comprehensive Plan. The historic Village Green, as planned, is part of the overall Boutwells Landing development and consistent with the land use plan. Zoning. The site is zoned PUD, Residential PUD District in which the historic Village Green is a permitted use with PUD approvals. In that the principal use is a mixture of residential and business use, the underlying zoning has been designated as R-B Residential Business Transitional District. The overall historic Village Green has received Concept Plan approval, and the School has received General Plan approval. The current application is for General Plan approval for the church, gazebo, parking lot expansion and final landscaping. Setbacks. The Zoning Ordinance under the R-B District requires 30 foot front and rear yards and 10 foot side yard setbacks. The school, chapel and gazebo are all setback at least 30 feet from the Norwich Parkway right-of-way and the chapel will be 10 feet from the east property line. Parking. The Boutwells Landing Campus has been constructed with 483 parking stalls, which includes the parking lot north of 58"' Street. The campus requires 377 parking spaces. The school building would accommodate 30 pentons, and the chapel 49 persons. At three persons per parking stall, the school would require 10 parking spaces and 16 spaces for the chapel. The parking lot to the east of the historic Village Green will be expanded by 12 parking spaces. The Boutwells Landing Campus has adequate stalls to meet the parking requirements. With the significant on-street parking adjacent to the site and the parking lot to the east that will have 20 spaces (after the addition of the 12), there is adequate parking close to the historic Village Green. The parking lot is connected to the historic Village Green by the sidewalk on the south side of Norwich Parkway. 3 Page 92 of 272 Restrooms. In order to accommodate the restroom requirements for the two buildings, the chapel will be constructed with male and female disability facilities. The design of the building allows for a separate entrance to the restrooms, even if the chapel is not being used. Curb Cuts/Disability Parking. The plans indicate a drop off curb realignment in front of the historic Village Green. The drop off will be subject to review of the City Engineer. To facilitate access, City Staff suggests that one disability space be signed on Norwich Parkway adjacent to the drop off area. Landscaping. The landscape plans indicate the trees that will be removed to accommodate the chapel structure and gazebo. Additional landscaping will be added to the site. The submitted landscape pian is subject to City Arborist review and approval. Lighting. The Project Architect has indicated that there are no exterior lights, poles or bollards proposed as part of the application. If any new fixtures are to be added, they shall comply with the Zoning Ordinance requirements. Mechanical Screening. If any mechanical equipment is ground or roof mounted it shall be consistent with Section 401.15.E.10.e. of the Zoning Ordinance as it relates to screening. Grading, Drainage, Erosion Control and Utilities. Grading, drainage, erosion control, and utility plans are subject to review and approval by the City Engineer. Signage. No signage has been proposed. If any additional signage is proposed, it shall comply with Section 401.15.G. Design Guidelines. The buildings are subject to Design Guideline review. The chapel building will be wood construction with Hard!-Plank lap siding with an asphalt shingle. The gazebo will be also constructed of wood. Both structures will be white to match the existing school. The Planning Commission and City Council will need to discuss this deviation from the Design Guidelines which specify that structures are not to be clad totally in lap siding. Due to the historical character of the structures, and the fact they were originally constructed with lap siding, a deviation seems justified. A material sample board will be provided for review at the Planning Commission meeting CONCLUSION 1 RECOMMENDATION Upon review of the application for a Planned Unit Development, General Plan approval for improvements to the Boutwells Landing Village Green at 5600 Norwich Parkway, City Staff would recommend the project with the conditions as follows: 1. The drop off curb realignment in front of the historic village green will be subject to review of the City Engineer. 4 Page 93 of 272 2. To facilitate access, one disability space be signed on Norwich Parkway adjacent to the drop off area. 3. All tree removal and landscape plans shall be subject to review and approval of the City Arborist. 4. All lighting proposed for the site shall be in compliance with Section 401.15.13.7 of the Zoning Ordinance. 5. Any mechanical equipment installed outside of the building shall be screened in accordance with Section 401.15.E.10.e of the Zoning Ordinance. 6. Any signage proposed for the site shall be in compliance with Section 401.9 5.G of the Zoning Ordinance and will require a sign permit. 7. The grading and drainage plans shall be subject to review of the City Engineer and the applicable watershed district. 8. All utility plans shall be subject to the review and approval of the City Engineer. 9. The Planning Commission and City Council shall comment on the deviation from the Design Guidelines as it relates to the lap siding exterior. 10. Any other conditions of City staff, the Planning Commission and the City Council. Pc: Julie Hultman 5 Page 94 of 272 BOUTWELLS LANDING VILLAGE GREEN Description and Uses IMMIT The Boutwells Landing Village Green will serve as a visual icon and as an attractive, functional space to be used in a variety of ways that complement the warm, small-town,values-based symbolism it represents. A Historic Symbol of Goodness and Values Boutwells Landing has been built with a design that intentionally honors the historical significance of the area. Photos, design elements, and various displays throughout the campus help tell the story of the birthplace of Minnesota and the decades that followed. A natural extension of the historical theme of Boutwells Landing was the history of small towns in the Midwest where so many Boutwells residents were raised. Just the sight of a town square- comprised of a one-room schoolhouse,a gazebo,and a small church- could evoke in the minds of residents and guests a warm remembrance of their childhood and the values with which they were raised: honesty,integrity, doing one's best, goodness,kindness, and the golden rule. This gave rise to the Village Green concept of Boutwells Landing that blended the town square concept with local historical landmarks: the one-room McKean Schoolhouse (built in 1860)and the First Presbyterian Church of Stillwater(built in 1857). One-room Schoolhouse The McKean School was restored in large part by Boutwells Landing residents who volunteered to repair,restore,and furnish the school to the way it looked in the early 1900's. Shortly after its re-dedication in 2008 the schoolhouse was used for a unique, lively,week-long summer camp for 6-12 year-olds who wanted to experience what it was like attending a one-room schoolhouse. Open house tours, field trips for local schools,and experiential learning collaborations with local schools are all activities that are expected to develop and grow once restrooms become available in the neighboring historic church. Historic First Presbyterian Church Lacking a local historic church to move to Boutwells Landing,the ideal solution for the Village Green was to use pictures of the historic First Presbyterian Church of Stillwater to create an architectural replica. Reverend William Boutwell, after whom Boutwells Landing is named,was instrumental in starting and leading the congregation in its early days. It was a natural choice for a replica addition to the Village Green. The interior design will be open and flexible. Stacking chairs and folding tables will be used to accommodate various types of meetings and events, creating a multi-functional space. Resident meetings and various Boutwells presentations and events will be the most prevalent use of the church's indoor space. As with other spaces at Boutwells,people or groups from the community at-large will be welcome to use the space for a modest fee. The church is expected to be used by residents for religious purposes,though not as a congregation or a place used exclusively for worship. Semi-regular use is expected by residents for prayer groups,bible study, and spiritual life activities. An occasional wedding of a couple who are residents, or a resident's family member is possible. Likewise, a memorial service for a resident may take place,though most of them are expected to be held in the existing chapel. Gazebo The third structure for the Village Green will complete the town square appearance. While acting as a visual anchor to create the town square image,an occasional performance by a small ensemble may occur. Another use may be as a stage for a speaker at an occasional outdoor event held at Boutwells Landing. An employee picnic, a Boutwells neighborhood social,or a presentation to residents are examples of events where a speaker may step up to the gazebo to be seen or heard. Page 95 of 272 f - WIBIT 2 1 4tc - :. 1 () c =c , a 12 _ fit -- ISM NY3" 0147 14w3 IT + . _ r_ T. • oq V,rt 19 9z*021 Ito �� �i ���• 'f � OII�F 1�1► MWN MSON kL 0• � � 11�1�� �l� �Q,I 1 �ti d 1�• ~ �1 1y NO QS g � IPA vp :oto"Is"Pei ; Gni �• n ,� �ab•:i `$ �� -o �x 3 .nom` > ? ���� ep _ .A 94 t ` & 's jk, *" .0000, low mol Nis y'� ,- > I w 1 � ' M SRI",` , 10� w; �. , 7 wo je 4 _ h w , y q, x u � w Y 1" w +w y e r n" 3 L9 Page 97 of 272 d l 1 A Z Page 98 of 272 , ' w ..� a : 3i 5 o - ---: " W"i i , J 4 , a � 1 in LU , � O J . pLU i F u R� p K .y i 7 s ui uj /♦ a U O? � I v 1 - a ; ` g 11 k A Age99 of 272 -40 CLIN NR-MWd 10 NNUMBON MW Wo "•?l� &. m ,I:�,,:.,., ,m:.x, WLMManvavr�m+wcw¢ 1"- ;#6 �l �! »wneoxn+ur,me ass SDVMDWMSIH rt3x�noe > -='%M •. 93HO14 Mdl2l3lAGMd NV-Id All-11-Ln 1 Oil w R c i I ,•I a Page 100 of 272 a _T w f LU i � ul I � i a J 4! i r � � Z L J rFJ .tO ti Page 101 of 272 A RECOMMENDING RESOLUTION OF THE PLANNING COMMISSION CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY,MINNESOTA A RESOLUTION ESTABLISHING FINDINGS OF FACT AND RECOMMENDING TO THE CITY COUNCIL THAT THE REQUEST BY VALLEY SENIOR SERVICES ALLIANCE FOR A PLANNED UNIT DEVELOPMENT, GENERAL PLAN FOR A HISTORIC CHURCH STRUCTURE, GAZEBO, AND SITE IMPROVEMENTS INCLUDING A PARKING LOT EXPANSION AT 5600 NORWICH PARKWAY SHOULD BE APPROVED WITH CONDITIONS WHEREAS, the City of Oak Park Heights has received a request from Valley Senior Services Alliance for a Planned Unit Development, General Plan for a historic church structure, gazebo, and site improvements including a parking lot expansion at 5600 Norwich Parkway, and after having conducted a public hearing relative thereto, the Planning Commission of Oak Park Heights makes the following findings of fact: 1. The real property affected by said application is legally described as follows, to wit: SEE ATTACHMENT A and 2. The applicant has submitted an application and supporting documentation to the Community Development Department consisting of the following items: SEE ATTACHMENT B and 3. The property is zoned Planned Unit Development (PUD), Residential PUD District in which the historic Village Green is a permitted use with PUD approvals. The historic Village Green has received Concept Plan approval, and the existing school has received General Plan approval. The current application is to allow General Plan approval for the remaining portions of the Village Green including the church, gazebo, parking lot expansion and final landscaping; and 4. City staff prepared a planning report dated December 2, 2015 reviewing the request; and Page 102 of 272 5. Said report recommended approval of the PUD General Plan subject to the fulfillment of conditions; and 6. The Planning Commission held a public hearing at their December 10, 2015 meeting, took continents from the applicants and public, closed the public hearing, and made the following recommendation: NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING COMMISSION FOR THE CITY OF OAK PARK HEIGHTS THAT THE PLANNING COMMISSION RECOMMENDS THE FOLLOWING: A. The application submitted from Valley Senior Services Alliance for a Planned Unit Development, General Plan for a historic church structure, gazebo, and site improvements including a parking lot expansion at 5600 Norwich Parkway; and affecting the real property as follows: SEE ATTACHMENT Be and the same as hereby recommended to the City Council of the City of Oak Park Heights for approval with the following conditions: 1. The drop off curb realignment in front of the historic village green will be subject to review of the City Engineer. 2. To facilitate access, one disability space be signed on Norwich Parkway adjacent to the drop off area. 3. All tree removal and landscape plans shall be subject to review and approval of the City Arborist. 4. All lighting proposed for the site shall be in compliance with Section 401.15.B.7 of the Zoning Ordinance. 5. Any mechanical equipment installed outside of the building shall be screened in accordance with Section 401.15.E.10.e of the Zoning Ordinance. 6. Any signage proposed for the site shall be in compliance with Section 401.15.G of the Zoning Ordinance and will require a sign permit. 7. The grading and drainage plans shall be subject to review of the City Engineer and the applicable watershed district. 8. All required utility plans shall be submitted and shall be subject to the review and approval of the City Engineer. 2 Page 103 of 272 9. The Planning Commission was favorable to the deviation from the Design Guidelines as it relates to the lap siding exterior in that the proposed siding is historically correct for the structure. Recommended by the Planning Commission of the City of Oak Park Heights this 10th day of December, 2015. Jim Kremer, Chair ATTEST: Eric A. Johnson, City Administrator 3 Page 104 of 272 ATTACHMENT A Planned Unit Development(PUD) General Plan Historic First Presbyterian Church& Gazebo Boutwell's Landing—Historic Village Located at Norwich Parkway Ave. N., South of 5600 Norwich Parkway Ave.N. PropertyID: 05.029.20.31.0011 &05.029.20.31.0012 Legal Description: Lots 1 &2,McKean Square Page 105 of 272 ATTACHMENT B d Planned Unit Development(PUD) General Plan Historic First Presbyterian Church & Gazebo Boutwell's Landing—Historic Village Located at Norwich Parkway Ave.N., South of 5600 Norwich Parkway Ave. N. Application Materials • Application Form • Fees • Plan Sets • Written Narrative and Graphic Materials Explaining Proposal • Mailing List from Washington County (500' from subject property) • Proof of Ownership or Authorization to Proceed • Property Tax Statement(s)/Legal Description(s) Planning Commission Public Hearing& Recommendation: December 10, 2015 Page 106 of 272 RESOLUTION NO. CITY COUNCIL CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA A RESOLUTION ESTABLISHING FINDINGS OF FACT AND RESOLUTION OF THE CITY COUNCIL THAT THE REQUEST BY VALLEY SENIOR SERVICES ALLIANCE FOR A PLANNED UNIT DEVELOPMENT, GENERAL PLAN FOR A HISTORIC CHURCH STRUCTURE, GAZEBO, AND SITE IMPROVEMENTS INCLUDING A PARKING LOT EXPANSION AT 5600 NORWICH PARKWAY BE APPROVED WITH CONDITIONS WHEREAS, the City of Oak Park Heights has received a request from Valley Senior Services Alliance for a Planned Unit Development, General Plan for a historic church structure, gazebo, and site improvements including a parking lot expansion at 5600 Norwich Parkway, and after having conducted a public hearing relative thereto, the Planning Commission of Oak Park Heights recommended that the application be approved with conditions. The City Council of the City of Oak Park Heights makes the following findings of fact and resolution: 1. The real property affected by said application is legally described as follows,to wit: SEE ATTACHMENT A and 2. The applicant has submitted an application and supporting documentation to the Community Development Department consisting of the following items: SEE ATTACHMENT B and 3. The property is zoned Planned Unit Development (PUD), Residential PUD District in which the historic Village Green is a permitted use with PUD approvals. The historic Village Green has received Concept Plan approval, and the existing school has received General Plan approval. The current application is to allow General Plan approval for the remaining portions of the Village Green including the church, gazebo, parking lot expansion and final landscaping; and 4. City staff prepared a planning report dated December 2, 2015 reviewing the request; and Page 107 of 272 5. Said report recommended approval of the PUD General Plan subject to the fulfillment of conditions; and. 6. The Planning Commission held a public hearing at their December 10, 2015 meeting, took comments from the applicants and public, closed the public hearing, and recommended the application with conditions. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL FOR THE CITY OF OAK PARK HEIGHTS THAT THE CITY COUNCIL APPROVES THE FOLLOWING: A. The application submitted from Valley Senior Services Alliance for a Planned Unit Development, General Plan for a historic church structure, gazebo, and site improvements including a parking lot expansion at 5600 Norwich Parkway; and affecting the real property as follows: SEE ATTACHMENT Be and the same as hereby approved by the City Council of the City of Oak Park Heights with the following conditions: 1. The drop off curb realignment in front of the historic village green will be subject to review of the City Engineer. 2. To facilitate access, one disability space be signed on Norwich Parkway adjacent to the drop off area. 3. All tree removal and landscape plans shall be subject to review and approval of the City Arborist. 4. All lighting proposed for the site shall be in compliance with Section 401.15.B.7 of the Zoning Ordinance. 5. Any mechanical equipment installed outside of the building shall be screened in accordance with Section 401.15.E.10.e of the Zoning Ordinance. 6. Any signage proposed for the site shall be in compliance with Section 401.15.G of the Zoning Ordinance and will require a sign permit. 7. The grading and drainage plans shall be subject to review of the City Engineer and the applicable watershed district. 8. All required utility plans shall be submitted and shall be subject to the review and approval of the City Engineer. 2 Page 108 of 272 9. The City Council was favorable to the deviation from the Design Guidelines as it relates to the lap siding exterior in that the proposed siding is historically correct for the structure. Approved by the City Council of the City of Oak Park Heights this 12th day of January, 2016. Mary McComber,Mayor ATTEST: Eric A. Johnson, City Administrator 3 Page 109 of 272 ATTACHMENT A 3. Planned Unit Development(PUD) General Plan Historic F rst Presbyterian Church & Gazebo Boutwell's Landing—Historic Village Located at Norwich Parkway Ave.N., South of 5600 Norwich Parkway Ave.N. Property ID: 05.029.20.31.0011 & 05.029.20.31.0012 Legal Description: Lots 1 &2, McKean Square Page 110 of 272 ATTACHMENT B [[++ A LC Planned Unit Development(PUD) General Plan Historic First Presbyterian Church & Gazebo Boutwell's Landing—Historic Village Located at Norwich Parkway Ave.N., South of 5600 Norwich Parkway Ave.N. Application Materials • Application Form • Fees • Plan Sets • Written Narrative and Graphic Materials Explaining Proposal • Mailing List from Washington County(500' from subject property) • Proof of Ownership or Authorization to Proceed • Property Tax Statement(s)/Legal Description(s) Planning Commission Public Hearing&Recommendation: December 10, 2015 Page 111 of 272 THIS PAGE IS INTENTIONALLY LEFT BLANK Page 112 of 272 0 Oak Park Heights Request for Council Action Meeting Date_ January 12� 2016 Time Required: 5 Minutes Agenda Ikon Title: Consider Pedestrian Crossing Sign jution rn osa At 58h Street&Krueger Ave. Agenda Placement New Business Originating Department/Requestor Mike&unk, Cgy Council Member Requester's Signature Action Requested _ Discussion,Possible action Background/Justification(Please indicate if any previous action has been taken or if other public bodies have advised): At the City Council Goal Setting meeting on Dec 7m,2015 there was some discussion regarding the trail ways connectivity in the area and a crossing of 58th street at Krueger Ave. I would like to see the City Council discuss the installation of a flasher/activated beacon set up at this intersection similar to those we have installed at Nova Scotia and along Osgood Ave.As i recall these costs are+1$12,000 with installation. See map on next page. Page 113 of 272 FF .»H J�fq 'a r." :x rt ; t 1 T w M+ � to w � w w n . r to -tit 4 wn n. F "0 AV i n r Page 114 of 272 Oak Park Heights Request for Council Action Meeting Date Jan 12!,2016 Time Required: 1 Minute Agenda Item Title: Consider Qidimncc Awkn-4mot—Co Ord 110904 F—Edtm to D9po4jILng of Snow R and Storage in Chy Right of Ways. Agenda Placement New Businese-/// Originating Department/Re s �o�hson City Administrator Requester's Signature Action Requested Discussion- ossible Action Background/Justification(Pie a indicate if any previous action has been taken or if other public bodies have advised): Another item discussed at the Council's goal setting was a possible ordinance amendment that would preclude the pushing of snow from private properties snow across a City Street. Staff would propose the following language —to be added to the City Ordinance 1109.04 Public Nuisances Affecting Peace and Safety: 1.109.04 F.2. —INSERT Snow, ice or any other debris may not be placed into or upon a City street surface by arty party without a Permit issued from the City. Snow, ice or other debris generated from private lands may not be plowed or dragged across a City street for purposes of snow storage and/or snow wasting. Depositing of snow generated from private lands upon a public right of way that is not immediately adjacent, contiguous and/or on the same side of the street is also prohibited Page 115 of 272 M. The distribution of sample or medicine or drugs unless such samples are placed in the hands of an adult person by someone properly licensed; N. All other acts, omission of acts, occupations, and uses of property which are deemed by the City Council and the City Health Officer to be a menace to the health of the inhabitants of the City or a considerable number thereof; O. It shall be a nuisance for any person to cause or permit a domesticated animal to be on any property,public or private,not owned or possessed by such person, unless such person has in his/her immediate possession a device for the removal of excrement to a proper receptacle located upon property owned or possessed by such person; P. It shall be a nuisance for any person in control of, causing or permitting any domesticated animal to be on any property, public or private, not owned or possessed by such person,to fail to remove excrement left by such domesticated animal to a proper receptacle located on the property owned or possessed by such person. Q. The provisions of Subparagraphs O and P of this Section shall not apply to the ownership or use of seeing eye dogs by blind persons,dogs when used in police activities by the City or County Sheriffs Department, or tracking dogs when used by or with the permission of the City. 1109.04 Public Nuisances Affecting Peace and Safety. The following are declared to be nuisances affecting public peace and safety: A. All snow and ice not removed from public sidewalks twelve(12)hours ager the snow and ice have ceased to be deposited thereon; B. All wires which are strung less than fifteen(15)feet above the surface of any public street or alley; C. All buildings, walls, and other structures which have been damaged by fire, decay or otherwise as to an extent exceeding one-half(%s)of their original value or which are so situated so as to endanger the safety of the public; D. All explosives,inflammable liquids and other dangerous substances or materials stored or accumulated in any manner or in any amount other than that provided by law or ordinance; E. All use of display or fireworks except as provided by law or ordinance; F. All of the following activities are hereby declared to be public nuisances: 3 Page 116 of 272 c 1 --Any snow removal activities on private property located within 500 feet of any residential district of the city, using plows, dump trucks, payloaders or any mechanized equipment between the hours of 10:00 o'clock. p.m. and 6D0 o'clock a.m.This provision shall not apply for any time period in which the City has declared a snow emergency. 2. Snow, ice or any other debris may not be placed into or upon a City street surface by an without a Permit issued from the CLty. Snow, ice or other debris ggnerated from private lands ma=y not be lowed or draimed across a City street for purposes of snow storage and/or snow wasting. Dgpositing of snow gmgrated fromrivate lands upon a public right of Kay that is not immedigtply adjacent contiguous and/or on the same side of the street is also prohibited. 740. Any parking lot sweeping, paving, or seal coating activities occurring between the hours of 10:00 o'clock.pm.and 6:00 o' clock a.m. 4. All concoction activities where the use of power naiiers, power saws, earth moving equipment, bulldozers, or any power equipment is being used between the hours of 10:00 o'clock p.m. and 7{00 o'clock a.m. The owning,keeping,cdiarboring ofany animal which shall,by any noise, unreasonably and./or excessively disturbs the peace and quiet of any person in the vicinity. The phrase "unreasonably and/or excessively disturb the peace and quiet" shall include, but is not limited to, the creation of any noise by an animal which can be heard by any person, including an Animal Control Officer or law enforcement officer,from a location off the dog or cat owner's Property where the animal is being kept, a-Rd which noise occurs repeatedly over at least a five (5)minute period of time with one (1) minute or less lapse oftimebetweeneach animal noise duringthe five(5)minute period,This provision shall not apply to dogs and cats which are regulated under Chapter 601 Section 601.13 A. (5). -5-.6. The removal of commercial waste and refuse, emptying or removal of dumpsters and drop boxes from any non- residential zoned area within the city between the hours of 10D0 o'clock pm.and 6.00 o'clock am. 4 €z7.No person shall use or operate, or permit the use or operation of any electronic sound system or audio equipment including but not limited to any compact disc player, cassette tape player, a.m. FM radio, citizen band radio, paging system, musical instrument, 4 Page 117 of 272 THIS PAGE IS INTENTIONALLY LEFT BLANK Page 118 of 272 �P- Oak Park Heights Request for Council Action Meeting Date January 12'x, 2016 Time Required: 5 Minutes Agenda Item Title: _ Goalsetting-Set Continuation Date Agenda Placement New Business Originating Department/Reque won, Ci Administrator Requester's Signature } a Action Requested (e-e BeY Background/Justifica#io lease indicate if any previous action has been taken or if other public bodies have advised): The City Council did meet on Dec 7d'2015 for a goalsetting session;some additional items remain for discussion. Does the City Council desire to a date/time for a continuation? Page 119 of 272 THIS PAGE IS INTENTIONALLY LEFT BLANK Page 120 of 272 Oak Park Heights Request for Council Action Meeting Date J mmM 1P 2016 Time Required: 10 Minutes Agenda Item Title: Consider Ado tion of Poli 'es -January 2016 Update Agenda Placement New Busines Originating DepartmentlReque City Administrator Requester's Signature Action Requested See Belo Background/Justification(Please indicate if any previous action has been taken or if other public bodies have advised): Please see the attached set of City Polices—Undated thru January 42&! 2045 All policies have been previously adopted by the City Council over years-except for two proposed additional policies: ]. A policy relating to City Council Meeting Cancellations: The purpose of this policy is to adopt a more formalized process for considering a continuation(cancellation)of a planned City Council meeting when agenda items may be limited,reasonably delayed and/or not warrant the convening of Council Members and/or City Staff. 2. A policy relating to Data Breach: (personal information) The purpose of the policy is to outline a process under which the City shall investigate a suspected data breach, assess risk,potential losses,what parties are informed and how process and polices could better prevent future losses.Adoption of the policy would not affect data to day operations as they currently are situated,but would be a guide should an incident occur. It is valuable to note that these policies are not laws or ordinances,rather they are generally meant to guide the day to day or Emergency dons of City representatives,reduce ambiguity and establish processes for City actionskbnsiderations. Page 121 of 272 CITY OF OAK PARK HEIGHTS POLICY BINDER ADOPTED JANUARY 12, 2016 Page 122 of 272 CITY OF OAK PARK HEIGHTS POLICY BINDER INTRODUCTION AND PURPOSE Introduction: The City Council for the City of Oak Park Heights is charged with the responsibility of establishing municipal policies to guide the various functions of the City and, where necessary, to establish procedures by which functions are performed. Regulatory policies established by the City Council usually are adopted by ordinance and included in the Municipal code. However,other policies also are established which by their nature do not require adoption by ordinance. These policies are consolidated in this reference document for easy access. Policies included in this binder are subject to change by order of the Oak Park Heights City Council. P ose: It is the purpose of this policy to clearly state and compile policies of the City Council not covered by ordinance and to provide for the distribution of these policies to all concerned. Page 123 of 272 r w CITY OF OAK PARK HEIGHTS e POLICY BINDER TABLE OF CONTENTS Policy 1 Professional Fees 2 Internet Policy 3 Policy on Retention of Videotapes Resulting from Council, Planning Commission, and Park Commission Meetings 4 Business Subsidy Policy (Council) 5 Business Subsidy Policy (EDA) 6 Policy Regarding Removal of Boulevard Trees (amended December 2015) 7 Agenda Item Acceptance Policy 8 Fixed Asset System Policy and Procedure Manual 9 Commission Appointment Policy 10 Investment Policy 11 Data Practices Procedures 12 Tax Increment Financing Policy 13 Municipal Sewer Collection System Maintenance Standards 14 Cellular Phone Policy 15 Parks and Recreations Donations 16 Geocaching Policy 17 Hand Washing Policy and Procedures 18 Utility Policy on Vacant and Abandoned Properties 19 Snow Removal Policy 20 Field and Rink Reservation Policy 21 Computer Use Policy 22 Annexation, Detachment, and Utility Extension Policy 23 CODE RED Community Notiflcation Use Policy 24 Deduct Meter Use Policy 25 Policy on Use of City Letterhead and Representative Actions by City Officials 26 Public Purpose Expenditure Policy 27 Street Sweeping Policy 28 Damage Caused by Snow Plows in City Right-of-Ways 29 Policy on Removal of Material from City Property 30 Policy on "Dumpster Diving" at City Clean-up Events Page 124 of 272 31 Social Media Policy 32 City Hall Use Policy 33 Sign Retroreflectivity Policy 34 Community Award Policy and Form 35 Policy on Video Recording of City Council Meetings and Work Sessions 36 Policy on City Acceptance or Takeover of Roadways from Other Jurisdictions 37 Policy on City Communications to Other Public Agencies 38 Cost Participation Policy on Contributing Flows to City Sanitary Sewer and Storm Water Systems 39 Sanitary Sewer Maintenance Policy 40 Sanitary Sewer Emergency Response Policy 41 Policy on Water Service Line Freeze-Up 42 City Council Meeting Cancellation Policy 43 Data Breach Policy Page 125 of 272 c;. CITY OF OAK PARK HEIGHTS POLICY ON PROFESSIONAL FEES The City of Oak Park Heights will charge a $3,000 up-front fee for projects and/or proposals requiring a detailed analysis by City staff, such as special assessment projects, tax increment financing projects, tax abatement projects, special service district projects, and annexation requests. The fee is non-refundable. Any other costs involved in analysis by City staff will be the responsibility of the developer. Page 126 of 272 �s . 1 5 CITY OF OAK PARK HEIGHTS INTERNET POLICY I. PURPOSE A. The City of Oak Park Heights has access to the Internet through the City's computer system. Users of the City of Oak Park Heights computer system agree to be bound by the Policies of the City of Oak Park Heights affecting use of the City's computer systems; therefore, the following Computer Code of Conduct is adopted. II. SCOPE A. All employees of the City of Oak Park Heights shall have the following privileges regarding access to the Internet: 1. Privilege to access the Internet to facilitate official City business, personal growth in technology, information gathering skills, and communication skills; 2. Privilege to use the following methods of retrieving information: a. File transfer protocol (FTP) b. Telnet C. Electronic mail (e-mail) 3. Privilege to request newsgroups from the Internet in order to facilitate real-time learning with members of the network; 4. Privilege to sign up for listsery on the Internet; 5. Privilege to send e-mail to any member on the Internet. B. All employees shall have the following responsibilities regarding access to the Internet: 1. Shall accept the responsibility for all material received. Only those employees with prior experience or instruction shall be authorized to use the Internet. 2. Responsibility to monitor all material received via the Internet. Page 127 of 272 3. Responsible for keeping copyrighted software of any kind from entering the City's computer system via the Internet. 4. Responsible for keeping all pornographic material, inappropriate text files, of files dangerous to the integrity of the network from entering the City's computer system via the Internet. 5. Responsibility to maintain the integrity of the private electronic mail system. Employees have the responsibility to make only those contacts related to official City business. The user is responsible for making sure all e-mail received by him/her does not contain pornographic material, inappropriate information, or text-encoded files that are potentially dangerous to the integrity of City hardware or software. 6. Responsibility to avoid disrupting services to others. Large files should be downloaded only when network traffic is low, and users should refrain from transmitting large files. 7. Employees using the City of Oak Park Heights network are expected to abide by all City Personnel Policies and Practices. III. DEFINITIONS A. Internet: A worldwide network of computer networks that exchange information. B. File Transfer Protocol (FTP): A common method of moving files between two Internet sites. C. Telnet: The command and program used to login from one Internet site to another. D. Electronic Mail (e-mail): Messages, usually text, sent from one person to another via computer. E-mail can also be sent automatically to a large number of addresses(mailing list). E. Newsgroups: The name for discussion groups on Usenet, a worldwide system of discussion groups, with comments passed among hundreds of thousands of computers. F Listserv: The most common kind of maillist, a system that allows people to send e-mail to one address, whereupon their message is copied and sent to all of the other subscribers to the maillist. Page 128 of 272 IV. ACCEPTABLE USE All traffic originating from or being received from the City of Oak Park Heights computer system shall be for the purpose of or in support of A. Research; B. Education; C. State, local, or national government affairs; D. Economic development; E. Public service. V. UNACCEPTABLE USE A. It is not acceptable to use the City of Oak Park Heights' computer system for any purpose which violates U.S. or state laws or other City of Oak Park Heights policies. B. It is not acceptable to use the City of Oak Park Heights' computer system so as to interfere with or disrupt other users, services, or equipment. Such interference includes, but is not limited.to: 1. Distribution of unsolicited advertising; 2. Propagation of computer worms or viruses; 3. Using the network to make unauthorized entry to other computational, information, or communications devices or resources. VI. ENFORCEMENT AND VIOLATIONS In the case of an alleged violation of this Policy, the nature of the violation and supporting evidence shall be submitted to the appropriate department head or the City Administrator. If there is found to be need for further information, the City Administrator shall then take further action as deemed appropriate to determine the extent and nature of the violation. Suspension of network privileges may result from unauthorized or inappropriate use of the City's computer system. VII. DISTRIBUTION A. All City employees B. City Council VIII. MODIFICATIONS The City of Oak Park Heights reserves the right to amend and/or modify this policy at any time without prior notice. Employees will receive notification of all such amendments and modifications within thirty(30) days of their effective date. Page 129 of 272 1, , have received a copy of the City of Oak Park Heights' Internet policy as adopted by the City Council of the City of Oak Park Heights on December 15, 1998. I have read the policy and agree to follow it as an employee of the City of Oak Park Heights. Dated: Page 130 of 272 n� CITY OF OAK PARK HEIGHTS POLICY ON THE RETENTION OF RECORDINGS RESULTING FROM COUNCIL, PLANNING COMMISSION, AND PARKS COMMISSION MEETINGS As it affects the establishment, use and re-use of recordings used in recording of meetings of the City Council, Planning Commission, Parks Commission, and related government bodies and advisory commissions of the City of Oak Park Heights, all such recordings shall be retained by the City offices for a period of no more than sixty (60) days and thereafter resubmitted for purposes of re-recording and re-use by technical staff of the City of Oak Park Heights and others who are cable casting and/or recording such meetings and/or conferences. The City shall charge a $15.00 duplication fee for video recordings that are retained by the City under its sixty(60) day recording retention policy. Page 131 of 272 CITY OF OAK PARK HEIGHTS BUSINESS SUBSIDY POLICY (COUNCIL) This Policy is adopted for purposes of the business subsidies act (the "Act"), which is Minnesota Statutes, Sections 116J.993 through 116J.995, as amended. Terms used in this Policy are intended to have the same meanings as used in the Act, and this Policy shall apply only with respect to subsidies granted under the Act if and to the extent required thereby. While it is recognized that the creation of good paying jobs is a desirable goal which benefits the community, it must also be recognized that not all projects assisted with subsidies derive their public purposes and importance solely by virtue of job creation. In addition, the imposition of high job creation requirements and high wage levels may be unrealistic and counter-productive in the face of larger economic forces and the financial and competitive circumstances ofan individual business. The granting of subsidies shall be guided by the following principles and criteria: • Each project shall be evaluated based on its perceived importance and benefit to the community from all perspectives deemed relevant, including created or retained employment positions,where applicable. The Act now provides that, after public hearing thereon, if the creation or retention of jobs is determined not to be a goal of a business subsidy, the wage and job goals may be set at zero. Where creation or retention of jobs is a goal, the specific number of jobs to be created or retained shall be stated in the subsidy agreement. Where creation of new jobs is required, those jobs shall have awage floor of$8.00 per hour. • The specific minimum requirements under Section 116J.994, Subdivision 2,ofthe Act that a recipient must meet in return for the business subsidy shall be, where applicable: • The retention of existingjobs; • The creation of the specified number of new jobs at or exceeding the wage floor; and/or • Where the subsidy relates to the acquisition of personal property or the acquisition and/or physical development of real Page 132 of 272 property, the substantial completion of the acquisition or development thereof Where applicable, the foregoing shall also be the state measurable, specific and tangible goals for the subsidy under the related subsidy agreement, as provided in Section 116J.994, Subdivision 3(3), of the Act. • It is recognized that a particular project which does not include as a goal the creation or retention of jobs may nonetheless be worthy of support and subsidy in respect of other perceived benefits. • In cases where the objective is the retention of existing jobs, the recipient of the subsidy shall be required to provide reasonably specific demonstrable evidence of the job loss, absent the subsidy. Subject to the wage floor, where applicable, the setting of wage and job goals must be sensitive to prevailing wage rates, local economic conditions, external economic forces over which neither the grantor nor the recipient of the subsidy has control, the individual financial resources of the recipient and the competitive environment in which the recipient's business exists. • Because it is not possible to anticipate ever type of project which may in its context and time present desirable community building or preservation goals and objectives, the governing body must retain the right in its discretion to approve projects and subsidies which may vary from the principles and criteria of this Policy, as may be permitted by but subject to the procedural and other requirements of the Act. • As provided in the Act, deviations from the criteria of this Policy are permitted by documenting in writing the reasons for the deviation and attaching a copy of the document to the next annual report to the Minnesota Department of Trade and Economic Development(DTED). This Policy is intended to conform to the requirements of the Act, including the year 2000 amendments thereto. A copy of this Policy (and any amendments hereto) shall be submitted along with the first annual report to DTED following its adoption. Page 133 of 272 CITY OF OAK PARK HEIGHTS BUSINESS SUBSIDY POLICY (EDA) This Policy is adopted for purposes of the business subsidies act (the "Act"), which is Minnesota Statutes, Sections 1161993 through 116J.995, as amended.. Terms used in this Policy are intended to have the same meanings as used in the Act, and this Policy shall apply only with respect to subsidies granted under the Act if and to the extent required thereby. While it is recognized that the creation of good paying jobs is a desirable goal which benefits the community, it must also be recognized that not all projects assisted with subsidies derive their public purposes and importance solely by virtue ofjob creation. In addition, the imposition of high job creation requirements and high wage levels may be unrealistic and counter-productive in the face of larger economic forces and the financial and competitive circumstances of an individual business. The granting of subsidies shall be guided by the following principles and criteria: 0 Each project shall be evaluated based on its perceived importance and benefit to the community from all perspectives deemed relevant, including created or retained employment positions, where applicable. 0 The Act now provides that, after public hearing thereon, if the creation or retention ofjobs is determined not to be a goal of a business subsidy, the wage and job goals may be set at zero. Where creation or retention of jobs is a goal, the specific number of jobs to be created or retained shall be stated in the subsidy agreement. Where creation of new jobs is required, those jobs shall have a wage floor of$8.00 per hour. 7 The specific minimum requirements under Section 116J.994, Subdivision 2, of the Act that a recipient must meet in return for the business subsidy shall be, where applicable: • The retention of existing jobs; • The creation of the specified number of new jobs at or exceeding the wage floor; and/or Where the subsidy relates to the acquisition of personal property or the acquisition and/or physical development of real property, the substantial completion of the acquisition or Page 134 of 272 development thereof Where applicable, the foregoing shall also be the stated measurable, specific and tangible goals for the subsidy under the related subsidy agreement, as provided in Section 116J.994, Subdivision 3(3), of the Act. • It is recognized that aparticular project which does not include as a goal the creation or retention of jobs may nonetheless be worthy of support and subsidy in respect of other perceived benefits. • In cases where the objective is the retention of existing jobs, the recipient of the subsidy shall be required to provide reasonably specific and demonstrable evidence of the job loss, absent the subsidy. • Subject to the wage floor, where applicable, the setting of wage and job goals must be sensitive to prevailing wage rates, local economic conditions, external economic forces over which neither the grantor nor the recipient of the subsidy has control, the individual financial resources of the recipient and the competitive environment in which the recipient's business exists. • Because it is not possible to anticipate every type of project which may in its context and time present desirable community building or preservation goals and objectives, the governing body must retain the right in its discretion to approve projects and subsidies which may vary from the principles and criteria of this Policy, as may be permitted by but subject to the procedural and other requirements of the Act. • As provided in the Act, deviations from the criteria of this Policy are permitted by documenting in writing the reasons for the deviation and attaching a copy of the document to the next annual report to the Minnesota Department of Trade and Economic Development (DTED). This Policy is intended to conform to the requirements of the Act, including the year 2000 amendments thereto. A copy of this Policy (and any amendments hereto) shall be submitted along with the first annual report to DTED following its adoption. Page 135 of 272 r5 CITY OF OAK PARK HEIGHTS POLICY REGARDING REMOVAL/RE-PLANTING OF BOULEVARD TREES Trees growing in the boulevard right-of-way will be removed by the City under the following conditions: 1. The tree is dead; 2. The tree is diseased (with a fatal disease such as oak wilt, Dutch elm disease or an invasive trunk canker); 3. The tree is an Ash(Fraxinus spp.) in poor condition 4. The tree is hazardous due to decay, storm damage or poor branch/trunk unions; 5. The tree blocks sight lines of a driveway or intersection and cannot be pruned to correct the situation; 6. The tree has Iarge roots which are interfering with curbing, driveway, sidewalk, sewer/water lines and corrective work needs to be done to the disturbed hardscape or utility; 7. The tree's roots are causing major damage to the property owner's lawn and all other remedies have failed to correct the problem. (Property owner should submit a Boulevard Tree Removal Request Form to the City Arborist) In some circumstances, a property owner may want to have a boulevard tree removed and conditions 1-6 do not apply. In these situations the following will apply: 1. The property owner(s) should submit a Boulevard Tree Removal Request Form to the City Arborist stating the reasons.why they want the tree removed; 2. The City Arborist will assess the situation and determine whether or not the tree should be removed; 3. If, at the Arborist's discretion, a removal permit is granted, the City will have the tree removed and the property owner will pay a fee of$200.00 to share the cost of removal and re-planting. In cases where a boulevard tree is dead or dying due to damage caused by a lawnmower, weed whip/other tool or vehicle run either by the property owner, or a lawn care firm hired by the property owner, the boulevard tree will be removed and replaced by the City and the property owner will pay a fee of x`$200.00 per tree to share the cost of removal and re-planting. In all cases where boulevard trees have been removed, a replacement tree will be planted in accordance with the following provisions: Page 136 of 272 1. There is adequate space on the boulevard for a new tree to grow to a healthy maturity; 2. The tree species will be chosen based on the City of Oak Park Heights Tree Species List and is listed as a City Boulevard Tree Option; 3. The adjoining property owner will be responsible for watering the new tree and keeping the mulch ring in place/maintained for at least one year after planting. *In cases where a tree has died due to lawnmower or weed whip damage and a replacement has been requested within a two year time span after the previous tree has died from this cause; cost share will increase with each removal/re-placement request by $100 for each request. 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LU LD . § � A / C E / m § / \ \ $ 7 \ v kCL T \ � / } in � Lnr _ 0 2 ƒ § - t § LULU E o k k I / z # k / k \ ktz § k / g \ $ k - e e 4 6 E , lz o / £ ) t ` § _ ° J ¥ § a a Lu Lu § b k t ' e § \ \ i £ t ® ; $ ® k k I & _ 0 \ e _ k j m 2 2 / \ CL f C � c / / > V f / 2 � ^ 2 k / } ƒ } � i @ u v ° j $ ` § § J A u \ ca l k CL m k k k 2 k k k t u � e § 2 � # E � 2vi co / � - � ■ t % 0 2 g � § 2 � In _B s k a ■ in m& 2 � 2 k & Page 140y272 1 CITY OF OAK PARK HEIGHTS AGENDA ITEM ACCEPTANCE POLICY The City of Oak Park Heights finds that in order to give adequate review to Council agenda items, the following policies apply. The policies apply to all elected officials and to individuals requesting items to be placed on a City Council Meeting Agenda. 1. Council agenda packets will be prepared on the last business day of the week prior to the Council meeting and delivered to Councilmembers that day unless they request alternate arrangements. 2. Once the Council agenda packet has been delivered to the Councilmembers it becomes public information and the public may review it or have portions copied at the City's copy rate. 3. All applications must be complete and all information that is required must be received before being officially accepted and placed on the Council Agenda to establish a public hearing, if needed. 4. All agenda items requiring a staff report must be received by noon on the last business day of the week prior to the week Council packets are prepared. 5. All agenda items not requiring a staff report must be received by noon the day prior to the day the agenda packet is prepared. 6. All agenda item requests must be submitted in writing and/or submitted on a form supplied by the City. 7. Any agenda items received between noon on the last business day of the week when agenda packets are completed and the following noon of the day prior to the Council meeting require a simple majority vote of Council in order to be placed on the agenda and discussed at the Council meeting. 8. Any agenda items received after noon the day prior to the Council meeting following the last business day of the week that agenda packet preparation completed require a super majority vote of Council in order to be placed on the agenda. Page 141 of 272 9. Any staff, consultant, or commission items which require a vote must be placed under the Consent Agenda, New Business or Old Business as a separate agenda item. Page 142 of 272 CITY OF OAK PARK HEIGHTS FIXED ASSET SYSTEM POLICY AND PROCEDURE MANUAL ADOPTED DECEMBER 11, 2001 AMENDED NOVEMBER, 27, 2007 TABLE OF CONTENTS I. INTRODUCTION Goal Management II. GENERAL SYSTEM DESCRIPTION Capital Asset Definition Valuation of Capital Assets Acquisition of Capital Assets Treatment of Subsequent Costs Retirement Changes Inventory Check Major Function and Benefits III. POLICIES AND PROCEDURES General User Department Responsibility New Acquisitions Finance Department Responsibility Capital Asset System Maintenance Retirements and Transfers Out IV. ASSET DESCRIPTIONS V. SOURCE OF FUND DEFINITIONS VI. LOCATION CODES VII. ASSET IDENTIFICATION CODES VIII. ASSET AQCUISTION CODES IX. ASSET DISPOSAL CODES Page 143 of 272 I. INTRODUCTION Oak Park Heights City officials have a stewardship responsibility for the City's resources in provision of Government stewardship, it is essential that the City establish and maintain a capital asset system which incorporates specific capital assets to individual public officials, and serve as a prerequisite to the preparation of satisfactory and complete financial reports. A. Goal The establishment and maintenance of a capital asset system is essential to provide management with data for the physical and dollar value control of assets. B. Management Objectives The management objectives of the capital asset system are: I. To assign responsibility for the custody and proper use of specific assets to individual officials or department heads. 2. To substantiate valuations of capital assets in accordance with Generally Accepted Accounting Principles (GAAP) for fiscal reporting. 3. To control retirements of capital assets by type of retirement, i.e. sales, trade-ins, thefts and items scrapped. 4. To assist in providing depreciation computations for Federal and State Government reporting purposes. 5. To serve as a basis for valuation for insurance purposes and to provide a record of assets insured. 6. To encourage transfer of surplus equipment to area of need. 7. To aid in budget preparation, analysis and approval. II. GENERAL SYSTEM DESCRIPTION A. Capital Asset Definition According to Governmental Accounting, Auditing and Financial Reporting(GAAFR) a capital asset is defined as a specific piece of property, which meets the following attributes: 1. It is tangible in nature in that the physical substance does not materially change its form through use. Page 144 of 272 2. Its expected useful life is greater than one year. 3. It has significant value. In Oak Park Height's financial system, significant value means that it has a cost of more than$5,000.00. 4. All other capital equipment purchases (non-computer/video) from $500.00 to $4,999.99 will be recorded as "insurable" and maintained for insurance purposes only. The benefits of tracking items such as desks and large table does not equal or exceed the cost and, therefore, will not be capitalized nor audited for financial reporting purposes. B. Valuation of Capital Assets Capital assets should be accounted for at cost or, if cost is not practical to determine, we will estimate the cost or use fair value. l.. Cost. Capital assets should be recorded at cost or fair value. The cost of a capital asset includes not only its purchase price or construction cost,but also ancillary charges necessary to place the asset in its intended location and condition of use. Ancillary charges include costs such as freight and transportation charges, site preparation expenditures, professional fees, legal claims, and legal claims directly attributable to asset acquisition. 2. Estimated Cost. Initial costs of capital assets usually are readily ascertainable from contracts, purchase orders, and other transaction documents at the time of acquisition or construction. Oak Park Heights was faced with the task of establishing appropriate capital asset accounting records and valuation after many years of operation without such records. Therefore, the original purchase documents may not have been available, and Oak Park Heights has estimated the original cost of such assets recognizing that this practice introduces some margin of error into the Capital Asset Accounts as compared with proper recording at the time of acquisition. However, such error will have only shortrun significance because, as older assets are retired and replaced, estimated costs are replaced by properly recorded actual cost amounts. The extent to which capital asset costs have been estimated, and the methods of estimation, will be disclosed in the notes to the financial statements. 3. Fair Value Capital assets that are donated or acquired should be recorded at fair values at the time of donation or acquisition. 4. Depreciation. Depreciation on acquired assets for the first year shall be pro-rated based on the month of acquisition through the calendar year end, then annually there after. Page 145 of 272 Depreciation will be calculated using a straight-Zine method over the estimated useful lives of the asset. Standard estimated useful lives are as follows: Building and Structures 20-50 years Equipment and Machinery 5-15 years Distribution and Collection System 50 years Computer Equipment 3-5 years Water Meters 20 years Streets 25 years Storm Sewers 50 years Land Not Depreciable C. Acquisition of Capital Assets. 1. Purchase. A purchase is an acquisition through direct outlay of cash and or other consideration for the capital asset. The book value of an older capital asset traded in for a new one does not affect the basis of the new asset except for trade-in of similar assets in Enterprise Funds as follows: The fair value, which usually is the invoice cost (i.e., the amount before the reduction in cost resulting from the trade-in) on an outright purchase of a new item, should be the carrying value in the fixed asset system. The purchase could be reported under either a net method or a gross method. When using the net method for reporting asset purchases on the governmental fund type operating statement, the capital outlay expenditures reported would not agree with the total additions to the fixed asset system by the amount of any trade- in allowances. However, when using the gross method for reporting the asset purchases on the governmental fund type operating statement, the flow of resources reported would recognize both the financial resources represented by the trade-in of the asset being replaced and the cash boot. With the gross method, capital outlay expenditures reported in the governmental fund,type operating statement usually should agree with the total additions to the fixed asset system. The City will be using the gross method for purchases with trade-ins. Page 146 of 272 EXAMPLES: Journal Entries: DR CR Net Method: Fixed Asset System Investment in general fixed assets $8,000 Machinery and equipment $8,000 (To remove the carrying value of the traded-in asset.) Machinery and equipment $10,000 Investment in general fixed assets $10,000 (To record carrying value of purchased general fixed asset.) Governmental Fund Expenditures $4,000 Accounts payable $4,000 (To record purchase of a general fixed asset at cost, net of trade-in allowance.) Or Gross Method.• Fixed Asset System Investment in general fixed assets $8,000 Machinery and equipment $8,000 (To remove the carrying value of the traded-in asset.) Machinery and equipment $10,000 Investment in general fixed assets $10,000 (To record carrying value of purchased general fixed asset.) Governmental Fund Expenditures $10,000 Other financing sources-proceeds from General fixed asset disposition $6,000 Accounts Payable $4,000 (To record purchase of a general fixed asset and disposition of the traded-in asset.) Page 147 of 272 2. Construction. Construction includes buildings actually constructed by the City. The labor, materials, equipment and overhead costs are all part of the construction cost. 3. Lease-Purchase and Installment Purchase. Lease-purchase agreements are contractual agreements which, in substance, amount to purchase contracts. General capital assets acquired via lease- purchase agreements are capitalized in the Capital Asset System at the inception of the agreement in the account of the item as if it had been purchased outright. Multiple-year installment contracts are accounted for in the same manner as lease-purchase agreements. 4. Eminent Domain. This is the power of Government to acquire private property for public purpose, and it is frequently used to obtain real property which cannot be purchased from owners in a voluntary transaction. Where the power of eminent domain is exercised, owners are compensated by the Government in an amount determined by the courts. General capital assets acquired by eminent domain should be capitalized in the Capital Asset System in that amount. 5. Foreclosure. Closely related to eminent domain as an involuntary judicial procedure, but used much less frequently as a means of acquiring capital assets for Government retention and use, is the foreclosure of tax or special assessment hens. Ordinarily, property foreclosed is resold to liquidate delinquent tax or special assessment obligations, but on occasion, Governments retain possession for their own needs. General capital assets acquired by tax or special assessment foreclosure which are to be resold in the near future are generally accounted for by the Government to which the taxes or assessments are owed and offset there with a fund balance reserve account. Assets that are not sold are capitalized in the Capital Asset System at their fair value on the date of foreclosure. 5. Gift. Governments may acquire properties by gift. Donated capital assets should be recorded to the fund to which they relate or in the Capital Asset System, as appropriate, at their estimated fair value at time of acquisition. D. Treatment of Costs Subsequent to Acquisition Expenditures on capital assets which are incurred after their original acquisition are defined and recorded as follows: 1. Maintenance. Page 148 of 272 Maintenance costs are those that neither materially add to the value of the property nor appreciable prolong its life, but merely keep it in ordinary efficient operating conditions. Maintenance costs are not charged to capital asset capital accounts,but to maintenance and repair expenditure accounts. 2. Betterments. Betterments consist of the replacement of a unit of an existing asset by an improved or superior unit, usually resulting in a more productive, efficient or longer-lived asset. Significant betterments are considered to be capital asset additions and are added to the value of the property. I.e.; printer added to a personal computer. The decision as to whether betterment has been effected is made by an evaluation of engineering,physical, or other relevant factors apart from cost. Replacement of a part of an existing asset by another of like quality is not betterment, even though the useful life of the asset is maintained or extended.. These costs are charged to expenditure accounts. E. Retirements The term retirement is used to describe the removal of a capital asset from the capital asset system. The various types of retirement are defined below and must be reported to the Finance Department to ensure that changes are entered in the system and that the master file is updated. 1. Surplus Property. Surplus property is used to describe a capital asset or non-expendable supply, which is operable, but no longer usable to a particular department. If the surplus property cannot be transferred, the City pursuant to Minnesota State Statues will dispose of the property. 2. Sale of a Capital Asset. Capital assets and/or non-expendable supplies, which are to be sold, are subject to the requirements, described in Minnesota State Statue. The Finance Department will retire items that are sold from the capital asset system. 3. Trade-In. A department head retiring a capital asset as a trade-in for a new acquisition will inform the Finance Department of the retirement on a capital asset input form. 4. Obsolescence. Capital assets or non-expendable supplies that have lost their usefulness resulting from invention, change of style, legislation, or other causes having no physical relation to the object affected are included in this category. The asset may still be operable, but it has lost its usefulness to a particular department. Since the Page 149 of 272 obsolete capital asset may be of use to another department, the capital asset is first retired from a department by transferring the capital asset to surplus property. 5. Lost, Stolen or Damaged Beyond Repair. When a capital asset or non-expendable supply is retired from the capital asset system through one of these unexpected methods, the incident will be reported to the appropriate law enforcement personal (if applicable) and to the Finance Department for risk management purposes. The department head must also notify the Finance Department on a Capital Asset Input form so that changes can be entered into the capital asset system. F. Changes Other changes occurring subsequent to the acquisition of a capital asset and a non- expendable supply, such as betterment or a transfer, must be reported to the Finance Department on a capital asset input form. I. Betterments. As described in Section II. D. 2., Betterments have the effect of extending the useful life of an existing asset and are expenditure other than normal maintenance and upkeep. For a betterment, the department head must submit a complete Capital Asset Input Form to the Finance Department. 2. Transfers. When a capital asset and/or non-expendable supply item is transferred to a different department, the department head who is responsible for the item must inform the Finance Department of the changes in ownership and location on the Capital Asset Input Form. The Finance Department will enter these changes into the Capital Asset Systems so that the master file is updated. G. Inventory Check To verify that the information in the Capital Asset System is up to date, the Finance Department will provide the department heads with yearly printouts of the assets charged to their departments. The department heads should review their list to determine that all capital assets are identified properly and that the proper adjustments have been made. Any discrepancies should be reported immediately to the Finance Department. H. Major Function and Benefits. The major function of the system is to build, update and maintain a capital asset master file. The major benefits of the system are that it provides all departments with a centralized and automated system to process their capital asset activity. This provides management with the information needed to account for the investment in Page 150 of 272 capital assets, and assist individual departments in controlling the capital assets they have in their possession. The major objectives of the system are discussed in the "Introduction Section". III. POLICIES AND PROCEDURE A. General The capital asset system maintains a complete record of individual capital assets for all Departments. The maintenance of capital asset records is the joint responsibility of the department, which is purchasing the item and thereby, has control of the assets, and is tagging the item, and Finance, which is entering it into the capital asset system. The capital asset system is operated and maintained as a separate system from the financial system. Source documents for the financial system, such as purchase orders, are not automatically input forms. B. User Department Responsibility All capital assets with a value of$5,000.00 or more must have a record in the Capital Asset System. Each department head or designee is accountable for the furnishings and equipment of the department and is responsible for: 1. Initiation and submission of input forms to the Finance Department for additions,retirements, transfers or other changes. 2. Insuring that the capital assets in the custody of his/her department are not transferred from the department without following proper procedures. C. New Acquisitions I. The department head or designee who places an order for a capital asset must submit a Capital Asset Input Form to the Finance Department along with a copy of the purchase order. It should include the following information: Department Number; Location Number; Date Received; Acquisition Method code (Purchase, lease, etc.); Funding Source; Vendor Name; and Disposition Code/Date. Form should be signed and dated by the department head. 2. The individual department is responsible for the following: a. Obtaining an inventory number for the item and physically tagging the item. b. Completion of the following information; Asset Description (detailed- including year, model, serial or VIN number, make, color, type); Asset Identification Code; Location Code; Miscellaneous Comments. C. Forward Capital Asset Input Form to the Finance Department. Page 151 of 272 D. Finance Department Responsibility L The Finance Department is responsible for completing the following information upon processing the purchase order for payment: Asset Account Number; Invoice Number and Invoice Date; Life expectancy, Purchase Price (including freights, preparation costs, installation, etc.) and for checking accuracy of the information provided by the Department. The Finance Department will verify purchase and cost with general ledger. E. Capital Asset System Maintenance The Finance Department is to perform Capital Asset Maintenance. a. Input of information to the Capital Asset System. b. Proofing input against edit list. F. Retirements and Transfers Out When a department retires or transfers out an asset the Department Head is responsible for completion of an "Asset Retirement Form". The Department Head should sign and date the form. The Finance Department must receive the original. The Asset Retirement Form should be completed no later than one week after the asset is retired or transferred and include the following information: 1. Date of retirement,transfer, trade-in, and disposal. 2. Department retiring or transferring the asset. 3. Account number assigned by the Finance Department when the asset was acquired. 4. Tag number affixed to the asset. 5. Asset description(detailed). 6. Method of Disposition,i.e. traded, transferred, retired. 7. If transferred, name of department that is responsible for the asset after the transfer. 8. Sale or trade-in value. 9. Indicate whether the property identification tag is enclosed. The Finance Department is responsible for the input of the Asset Retirement form information. 1V. ASSET DESCRIPTIONS Page 152 of 272 The following will serve as definitions in determining what is to be capitalized as fixed asset. The fixed asset system is grouped into eleven categories for reporting purposes. They are as follows: 1. OFFICE EQUIPMENT Assets that are designed for functional use by people in any City Facility. This category includes desks, chairs, couches, file cabinets, calculators, etc. 2. COMPUTER Includes all computer components and accessories and software. 3. PARK/PLAYGROUND EQUIPMENT Includes equipment and fixtures used in City parks. This category includes drinking fountains, trash receptacles, signs, picnic tables, stoves, benches, playground equipment, etc. 4. VEHICLES Includes motorized and non-motorized equipment that has a primary function of city street, park, utility maintenance and police vehicles. Also includes equipment that hauls a payload greater than 4,000 pounds. This includes transportation charges, painting and installation costs of additional equipment necessary for intended use. This category also includes any fixed asset that is material in value, but does not fit a previous category will be accounted for under equipment. Examples would include tool sets, sirens, gun locks, light bars. 5. PUBLIC WORKS EQUIPMENT Includes equipment used by the Public Works Department for water, sewer, parks, and streets. Examples are post driver, water meters, hydrants, meter readers, mowers, and saws. 6. POLICE OFFICER EQUIPMENT Includes equipment used by the City Police Department officers. Examples are weapons, radios, dictaphones. 7. CIVIL DEFENSE EQUIPMENT Includes equipment used for the civil defense of the City such as sirens and warning lights. 8. BUILDING AND STRUCTURES Includes structures that are City owned. Also includes fixtures and any other necessary elements for the proper function of the building. This includes architect fees, legal fees, appraisers, costs of fixtures, damage claims, insurance premiums for construction, interest and unrelated costs during construction. Page 153 of 272 9. LAND IMPROVEMENT AND IMPROVEMENTS Any parcel of land that is City-owned whether developed or undeveloped. This includes legal fees, appraisal and negotiation fees, surveying fees, site preparation costs, demolition of unwanted structures and damage payments. 10. STREET IMPROVEMENTS Includes streets that are City owned. This includes legal fees, appraisal and negotiation fees, surveying fees, site preparation costs, interest and unrelated costs during construction. 11. STORM SEWER IMPROVEMENTS Includes storm sewer systems that are City owned. This includes legal fees, appraisal and negotiation fees, surveying fees, site preparation costs, interest and unrelated costs during construction. This also includes storm water holding ponds. V. SOURCE OF FUNDS DEFINITIONS The following will serve as definitions of types of actual funding sources that finance the assets. Funding sources in the fixed asset system will be determined by the fund in which the project is paid from i.e., (General, Special Revenue, Capital Project or Donations). A. BONDS OR NOTES Proceeds from the issuance of serial bonds, statutory installment bonds, anticipation notes or capital notes. This includes General Obligation Debt. B. CURRENT BUDGET APPROPRIATION Funds provided from specific, budgeted operating funds. Identifying the specific generic fund type is appropriate here. This includes General Fund and Utility Fund distributions. C. GIFTS AND DONATIONS Monies or property received from donors D. SPECIAL ASSESSMENT DEBT Funds provided by property owners and government in connection with a special assessment project. E. STATE AID GRANTS Page 154 of 272 Grants provided to the government by state government and used for the purchase or construction of fixed assets. F. FEDERAL.AID GRANTS Grants provided to the government by federal government and used for the purchase or constriction of fixed assets. G. OTHER Other fixed asset financing received, which cannot be classified in one of the previous classifications. VI. LOCATION CODES 01 City Hall 02 Police Department 03 Public Works Garage 04 Brekke Park 05 Valley View Park 06 Cover Park 07 Swager Park 08 Water Department 09 Sewer Department 10 Community Development Department 11 Pathways/Trails 12 Autumn Hills Park 13 Streets 14 Linear Park VII. ASSET IDENTIFICATION CODES 1. Office Equipment 2. Computer Equipment 3. Park/Playground Equipment 4. Vehicles 5. Public Works Equipment 6. Police Officer Equipment 7. Civil Defense Equipment S. Street Improvements 9. Building& Structures Contributed 10. Building& Structures 11. Land Improvement 12. Land-Property 13. Land Improvement—Contributed Page 155 of 272 14. Storm Sewer Improvements 15. Street Lighting VIII. ASSET ACQUISITION CODES SOURCE OF FUND CODES 101 General Fund 200 Special Revenue Funds Forfeiture Seizure Economic Development 400 Capital Project Funds Budgeted Projects&Equipment General Obligation Debt Revenue Debt Special Assessment Debt Other Debt 600 Grants State Grants Federal Grants Other Agency Grants 700 Enterprise Funds 800 Gift&Donations DEPARTMENTS 40000 General Management&Building 40100 Mayor&Council 40200 Legal 40300 Elections 40400 Administration 40500 Planning 40600 Finance 40650 Computer 40700 Assessor 41000 Engineering 41200 Community Development 41510 Police Department 41520 Fire Protection 41530 Building Inspection 42010 Street Maintenance 42020 Snow and Ice Removal 42030 Street Lighting 42040 Tree Inspector 44010 Parks 46000 Contingency 47000 Miscellaneous 48100 Water Department Page 156 of 272 48200 Sewer Department 48300 Storm Sewer Department 49100 Sanitation Department ACQUISITION METHOD 1 Purchase 2 Construction 3 Leases—Purchase and Installment—Purchase 4 Eminent Domain 5 Foreclosure 6 Gift 7 Trade 8 Other IX. ASSET DISPOSAL CODES ISPOSITION METHOD DISPOSITION CODES 1 Surplus Property 2 Sale of a Capital Asset 3 Trade-in 4 Obsolescence 5 Lost, Stolen or Damaged Beyond Repair 6 Cannibalized 7 Transferred Page 157 of 272 �d CITY OF OAK PARK HEIGHTS COMMISSION APPOINTMENT POLICY The City of Oak Park Heights Parks and Planning Commissions shall conduct interviews of applicants when a vacancy occurs on the commission. After interviews are conducted the Parks or Planning Commission shall make a recommendation of appointment to the City Council. Adopted: December 27,2001 Page 158 of 272 r 8, CITY OF OAK PARK HEIGHTS INVESTMENT POLICY Policv It is the policy of the City of Oak Park Heights to invest in public funds in a manner which will provide the highest investment return with the maximum security while meeting the daily cash flow demands of the City and conforming to all state and local statutes governing the investment of public funds. Scope: This investment policy applies to all financial assets of the City of Oak Park Heights. These funds are accounted for in the City's annual financial report. These funds include but are not limited to: General Fund Special Revenue Funds Capital Project Funds Enterprise Funds Debt Service Funds Trust and Agency Funds Any new finds created by the governing body, unless specifically exempted by the governing body Prudence: Investments shall be made with judgment and care —under circumstances then prevailing which persons of prudence, discretion and intelligence exercise in the management of their own affairs, not for speculation, but for investment, considering the probable safety of their capital as well as the probable income to be derived. The standard of prudence to be used by investment officials shall be the "prudent person" standard and shall be applied in the context of managing an overall portfolio. Investment officers acting in accordance with written procedures and the investment policy and exercising due diligence shall be relieved of personal responsibility for an individual security's credit risk or market price changes, provided deviations from expectations are reported in a timely fashion and appropriate action is taken to control adverse developments. Page 159 of 272 Objective: The primary objective, in priority order, of the City of Oak Park Heights' investment activities shall be: 1. Safety: Safety of principal is the foremost objective of the City Council. Investments of the City shall be undertaken in a manner that seeks to ensure the preservation of capital in the overall portfolio. 2. Liquidity: The City's investment portfolio will remain sufficiently liquid to enable the City to meet all operating requirements which might be reasonably anticipated. 3. Return of investment: The City's investment portfolio shall be designed with the objective of attaining a market rate of return throughout budgetary and economic cycles, taking into account the City's investment risk constraints and the cash flow characteristics of the portfolio. Delegation of Authori : Subject to the requirements of the above priority objectives, it is the policy of the City of Oak Park Heights to offer financial institutions within the St. Croix Valley area the opportunity to bid on investments; however, the City of Oak Park Heights will seek the best investment yields. Authority to manage the investment program is derived from Minnesota Statute 118A.02. Management responsibility for the investment program is hereby delegated to the Deputy Clerk/Finance Director, who will assure compliance with this policy and further develop and maintain adequate controls, procedures and methods assuring safe and accurate accounting on a day-to-day basis, with the approval of the Oak Park Heights City Council. In the absence of the Deputy Clerk/Finance Director, this responsibility will be assumed by the City Administrator. Officers and employees involved in the investment process should refrain from personal business activity which could conflict, or give the appearance of a conflict, with the impartial administration of the investment program. Authorized Financial Dealers and Institutions: The Deputy Clerk/Finance Director will maintain a list of financial institutions authorized to provide investment services. In addition, a list will also be maintained of approved security broker/dealers selected by credit worthiness who maintain an office in the State of Minnesota. No public deposit shall be made except in a qualified public depository as established by state laws. Page 160 of 272 Authorized and Suitable Investments: Minnesota Statute, Section 118A.04 provides authorization for cities to invest idle public funds in certain specified obligations and to make interest bearing deposits of such funds in state or national banks, savings and loan associations, or credit unions. Permissible investments include: 1. Direct U.S. Government Obligations: a. Treasury Bills b. Certificates of Indebtedness C. Treasury Notes d. Treasury Bonds 2. Federal Agency Issues (Not directly guaranteed by U.S. Government) a. Federal Home Loan Banks b. Federal National Mortgage Association C. Federal Land Banks d. Federal Intermediate Credit Banks e. Banks for Cooperatives f. Federal Farm Credit System Wide Bonds 3. General obligations of the State of Minnesota or Minnesota municipalities. 4. Bankers' acceptances of United States Banks eligible for purchase by the Federal Reserve Systems. 5. Commercial paper issued by United States corporations or their Canadian subsidiaries that has the highest rating (A-1, P-1) and matures in 270 days or less. 6. Savings accounts or certificates of deposit in designated depositories which are fully insured or collateralized. 7.Repurchase agreements permissible under Minnesota Statute I I8A.05. 8. League of Minnesota Cities Money Market Fund. Collateralization: Interest-bearing deposits in authorized depositories must be fully insured or collateralized. If the designated depository is a member of FDIC or FSLIC an amount may be deposited which does not exceed the amount of insurance. If he governing body desires to deposit a greater amount, the excess must be protected by collateral furnished by the depository. If collateral is furnished, the total amount of the collateral computed at its market value shall be at least ten percent (10%) more than the amount of the excess deposit. When the pledged collateral consists Page 161 of 272 of notes secured by First Mortgages, the market value must be at least forty percent (40%) more than the amount of the excess deposit. Permissible types of collateral include: 1 Obligations which are legally authorized investments for debt service funds under Minnesota Statutes, Section 118A.03 (See items 1- 8 under permissible inves 1 ments). 2• Municipal General Obligation Bonds, rated "A" or better by Moody's Investors Service, Inc. or Standard & Poor's Corporation. All collateral shall be deposited with the Chief Financial Officer of the City of Oak Park Heights or placed in safekeeping for the City in a financial institution approved by it or its designated representative. The collateral shall not be redeposited in the bank, trust company or thrift institution furnishing it Any collateral so deposited must be accompanied by an assignment to the City of Oak Park Heights from the depository. The assignment shall require the depository to pay to the City Finance Officer or his/her order, on demand, all money deposited free of exchange or other charges, except for early withdrawal penalties on time deposits, as well as all interest when due at the agreed upon rate. The assignment shall also state that, in case of any default upon the part of the depository, the City of Oak Park Heights or its designated representative may sell as much of the collateral as needed to cover the uninsured deposit, with any excess to be paid over to the depository. Diversifications and Maturities: Itis the policy of the City of Oak Park Heights to diversify its investment portfolio. Investment funds shall be diversified to eliminate the risk of loss resulting from over concentration of assets in a specific maturity. To the extent possible the City will attempt to match its investments with anticipated cash flow requirements. For the purpose of making the maximum amount of funds available for inveslment, the cash for all City funds is pooled in an investment account. Interest earnings are allocated among the various funds based upon their average cash balance. The City's investment portfolio shall be invested in certificates of deposit or other instruments through banks or other financial institutions which are designated depositories by the City Council, provided adequate insurance and conforming pledging is available in conformance with authorized securities. These investments may be scheduled maturities, or they may be part of the investment strategy of securing maximum interest rates for part of the investment portfolio. After the liquidity needs, and scheduled maturity needs are satisfied, the balance of the funds available for investment may be placed with institutions that offer the greatest Page 162 of 272 safety and highest rate of return consistent with the maturities as determined by the City. Quotations or telephone bids are normally taken for all investments whether they are short term or long term. Re o�rtiing: The Deputy Clerk/Finance Officer will submit a report each month to the City Council summarizing the investment activity. This report should contain details relating to all investment transactions for the period including types of investments, institutions in which funds are invested, interest rates and maturity dates. An annual report on the investments shall be presented to the City Council in the annual financial report. Investment Policy Adoption; The City Council shall review and approve the investment policy each year and designate depositories at the first regular meeting of January. Any modifications made thereto must be approved by the City Council. Page 163 of 272 CITY OF OAK PARK HEIGHTS DATA PRACTICES PROCEDURES I. Introduction These procedures are adopted to comply with the requirements of the Minnesota Data Practices Act (the "Act"), specifically Minn. Stat. Sec. 13.03, Subd. 2 and 13.05, Subd. 5 and 8. U. Responsible Authority The person who is the responsible authority for compliance with the Act is the City Administrator(also referred to as the City Clerk-Treasurer). The responsible authority has designated certain other City employees to assist in complying with the Act. These designees are listed on attached Exhibit 1. M. Access to Public Data All information maintained by the City is public unless there is a specific statutory designation which gives it a different classification. Categories of classification are as follows: Data on Individuals Data Not on Individuals Degree of Accessibility (Natural Persons) Public Public Accessible to anyone Private Nonpublic Accessible to data subjects and to government officials whose duties reasonably require access Confidential Protected Nonpublic Accessible only to governmental officials whose duties reasonably require access The City General Records Retention Schedule lists data series maintained by the City and their classifications. A. People Entitled to Access. Any person has the right to inspect and copy public data. The person also has the right to have an explanation of the Page 164 of 272 meaning of the data. The person does not need to state his or her name or give the reason for the request. B. Form of Request. The request for public data may be verbal or written. C. Time Limits. Requests. Requests will be received and processed only during normal business hours. Response. If copies cannot be made at the time of the request, copies must be supplied as soon as reasonably possible. D. Fees. Fees may be charged only if the requesting person asks for a copy or electronic transmittal of the data. Fees will be charged according to the City's standard photocopying and fee schedule,attached as Exhibit 2,unless significant time is required. In that case, the fee will include the actual cost of searching for, retrieving, and copying or electronically transmitting the data. The fee may not include time necessary to separate public from non- public data. The responsible authority may also charge an additional fee if the copies have commercial value and are a substantial and discrete portion of a formula, compilation, program, process, or system developed with significant expenditure of public funds. This additional fee must relate to the actual development costs of the information. IV. Access to Data on Individuals. Information about individual people is classified by law as public, private, or confidential. A list of the private and confidential information maintained by the City is contained in Appendix A. A. People Entitled to Access. • Public information about an individual may be shown or given to anyone. • Private information about an individual may be shown or given to: • The individual, but only once every six months, unless a dispute has arisen or additional data has been collected. • A person who has been given access by the express written consent of the data subject. This consent must be on the form attached as Exhibit 3, or a form reasonably similar. - People who are authorized access by the federal, state, or local law or court order. Page 165 of 272 People about whom the individual was advised at the time the data was collected. The identity of those people must be part of the Tennessen warning described below. People within the City staff, the City Council, and outside agents (such as attorneys) whose work assignments or responsibilities reasonably require access. • Confidential information may not be given to the subject of the data, but be shown or given to: • People who are authorized access by federal, state, or local law or court order. People within the City staff, the City Council, and outside agents (such as attorneys) whose work assignments or responsibilities reasonably require access. B. Form of Request. Any individual may request verbally or in writing if the City has stored data about that individual and whether the data is classified as public,private, or confidential. All requests to see or copy private or confidential information must be in writing.An Information Disclosure Request, attached as Exhibit 4,must be completed to document who requests and who receives this information. The responsible authority or designee must complete the relevant portions of the form. The responsible authority or designee may waive the use of this form if there is other documentation of the requesting party's identity, the information requested, and the City's response. C. Identification of Requesting Party. The responsible authority or designee must verify the identity of the requesting party as a person entitled to access. This can be through personal knowledge, presentation of written identification, comparison of the data subject's signature on a consent form with the person's signature in City records, or other reasonable means. D. Time Limits. • Requests. Requests will be received and processed only during normal business hours. • Response. The response must be immediate, if possible, or within 10 days of the date of the request,excluding Saturdays, Sundays,and legal holidays,if immediate response is not possible. E. Fees. Fees may be charged in the same manner as for public information. F. Summary Data. Summary data is statistical records and reports derived from data on individuals but which does not identify an individual by Page 166 of 272 name or any other characteristic that could uniquely identify an individual. Summary data derived from private or confidential data is public. The responsible authority or designee will prepare summary data upon request, if the request is in writing and the requesting party pays for the cost of preparation. The responsible authority or designee must notify the requesting party about the estimated costs and collect those costs before preparing or supplying the summary data. This should be done within 10 days after receiving the request. If the summary data cannot be prepared within 10 days,the responsible authority must notify the requester of the anticipated time schedule and the reasons for the delay. Summary data may be prepared by "blacking out" personal identifiers, cutting out portions of the records that contain personal identifiers, programming computers to delete personal identifiers, or other reasonable means. The responsible authority may ask an outside agency or person to prepare the summary data if(1)the specific purpose is given in writing, (2)the agency or person agrees not to disclose the private or confidential data, and (3) the responsible authority determines that access by this outside agency or person will not compromise the privacy of the private or confidential data. The responsible authority may use the form attached as Exhibit 5. G. Juvenile Records. The following applies to private (not confidential) data about people under the age of 18. • Parental Access. In addition to the people listed above who may have access to private data, a parent may have access to private information about a juvenile data subject. "Parent"means the parent or guardian of a juvenile data subject, or individual acting as a parent or guardian in the absence of a parent or guardian. The parent is presumed to have this right unless the responsible authority or designee has been given evidence that there is a state law,court order, or other legally binding document which prohibits this right. • Notice to Juvenile. Before requesting private data from juveniles, city personnel must notify the juveniles that they may request that the information not be given to their parent(s). This notice should be in the form attached as Exhibit 6. • Denial of Parental Access. The responsible authority or designee may deny parental access to private data when the juvenile requests this denial and the responsible authority or designee determines that withholding the data would be in the best interest of the juvenile. Page 167 of 272 This request from the juvenile must be in writing stating the reasons for the request. In determining the best interest of the juvenile, the responsible authority or designee will consider: L Whether the juvenile is of sufficient age and maturity to explain the reasons and understand the consequences; Whether denying access may protect the juvenile from physical or emotional harm; Whether there is reasonable grounds to support the juvenile's reasons; and Whether the data concerns medical, dental, or other health services provided under Minnesota Statutes Sections 144.341 to 144.347. If so, the data may be released only if failure to inform the parent would seriously jeopardize the health of the minor. The responsible authority or designee may also deny parental access without a request from the juvenile under Minnesota Statutes Section 144.335. V. Denial of Access. If the responsible authority or designee determines that the requested data is not accessible to the requesting party, the responsible authority or designee must inform the requesting party orally at the time of the request or in writing as soon after that as possible. The responsible authority or designee must give the specific legal authority, including statutory section, for withholding the data. The responsible authority or designee must place an oral denial in writing upon request. This must also include the specific legal authority for the denial. VI. Collection of Data on Individuals. The collection and storage of information about individuals will be limited to that necessary for the administration and management of programs specifically authorized by the state legislature, City Council, or federal government. When an individual is asked to supply private or confidential information about the individual, the City employee requesting the information must give the individual a Tennessen warning. This warning must contain the following: • The purpose and intended use of the requested data, • Whether the individual may refuse or is legally required to supply the requested data, Any known consequences from supplying or refusing to supply the information, and Page 168 of 272 The identity of the other persons or entities authorized by state or federal law to receive the data. A Tennessen warning is not required when an individual is requested to supply investigative data to a law enforcement officer. A Tennessen warning may be on a separate form or may be incorporated into the form which requests the private or confidential data. See attached Exhibit 7. VII. Challenge to Data Accuracy. An individual who is the subject of public or private data may contest the accuracy or completeness of that data maintained by the City.The individual must notify the City's responsible authority in writing describing the nature of the disagreement. Within 30 days, the responsible authority or designee must respond and either (1)correct the data found to be inaccurate or incomplete and attempt to notify past recipients of inaccurate or incomplete data, including recipients named by the individual, or (2) notify the individual that the authority believes the data to be correct. An individual who is dissatisfied with the responsible authoritv's action may appeal to the Commissioner of the Minnesota Department of Administration, using the contested case procedures under Minnesota Statutes Chapter 14. The responsible authority will correct any data if so ordered by the Commissioner. VIII. Data Protection. A. Accuracy and Currency of Data. • All employees will be requested,and given appropriate forms,to provide updated personal information to the appropriate supervisor, City Clerk Treasurer, or Finance Director, which is necessary for tax, insurance, emergency notification,and other personnel purposes. Other people who provide private or confidential information will also be encouraged to provide updated information when appropriate. • Department heads should periodically review forms used to collect data on individuals to delete items that are not necessary and to clarify items that may ambiguous. • AlI records must be disposed of according to the City's records retention schedule. B. Data Safeguards. • Private and confidential information will be stored in files or databases which are not readily accessible to individuals who do not have authorized access and which will be secured during hours when the offices are closed. Page 169 of 272 • Private and confidential data must be kept only in City offices, except when necessary for City business. • Only those employees whose job responsibilities require them to have access will be allowed access to files and records that contain private or confidential information. These employees will be instructed to: • not discuss, disclose, or otherwise release private or confidential data to City employees whose job responsibilities do not require access to the data, • not leave private or confidential data where non-authorized individuals might see it, and shred private or confidential data before discarding. • When a contract with an outside party requires access to private or confidential information,the contracting party will be required to use and disseminate the information consistent with the Act. The City may include in a written contract the language contained in Exhibit 8. Page 170 of 272 Exhibit 1 LIST OF DESIGNEES The Minnesota Data Practices Act establishes a system for compilation and distribution of data gathered by government agencies. All data collected and maintained by the CITY OF OAK PARK HEIGHTS ("City") is presumed public and is accessible to the public for both inspection and copying, unless classified as Private, Confidential, Nonpublic or Protected Nonpublic in accordance with federal law, state statute or a temporary classification. (Minn. Stat. 13.01). The CITY OF OAK PARK HEIGHTS has appointed the following positions to administer this system. Responsible Authority City Administrator Oak Park Heights City Hall 14168 Oak Park Heights Blvd. Oak Park Heights, MN 55082 (651) 439-4439 Positions appointed as Designees assisting in system administration are as follows: Police Records Chief of Police Oak Park Heights Police Department 14168 Oak Park Heights Blvd. Oak Park Heights, MN 55082 (651) 439-4439 Records Center/Electronic Data Storage City Administrator Oak Park Heights City Hall 14168 Oak Park Heights Blvd. Oak Park Heights, MN 55082 (651) 439-4439 Official Records Clerk Deputy City Clerk Oak Park Heights City Hall 14168 Oak Park Heights Blvd. Oak Park Heights, MN 55082 (651) 439-4439 Data Practices Compliance Official City Administrator Oak Park Heights City Hall 14168 Oak Park Heights Blvd. Oak Park Heights, MN 55082 (651) 439-4439 Other positions responsible for maintenance of City records are as apparent or assigned. Page 171 of 272 Exhibit 2 CITY OF OAK PARK HEIGHTS DATA REQUEST COST CALCULATION FORM Fees charged are in accordance with Minn. Statutes Section 13.03 (3). Date of Request: Description of Information Requested(please be specific): Costs for duplication of standard materials are included on the next page. Please use this section to calculate fees for other data requests. Estimated Cost Actual Cost A. LABOR x #of hours Hourly rate X #of hours Hourly rate B. PHOTOCOPY x rate #of pages C. MAILING D. PRINTING COSTS E. OTHER COSTS 2. 1. 3. 4. 5. TOTAL CHARGES AMOUNT TO BE PREPAID (50%of Est. Total if exceeds $50) AMOUNT DUE UPON COMPLETION PREPARED BY: DEPARTMENT: DATE: Page 172 of 272 The following rates as well as any other rates established by city ordinance or resolution shall apply for requests of standard materials: STANDARD PHOTOCOPY CHARGES Copied by City Staff $0.03 per page Accident Report $10.00 Offense Report $10.00 Arrest Report $10.00 Incident Report $10.00 Zoning Ordinance $35.00 Maps $5.00 Subdivision Ordinance $10.00 Comprehensive Plan $105.00 Videotape Reproduction $15.00 Assessment Search $10.00 Page 173 of 272 Exhibit 3 CONSENT TO RELEASE PRIVATE DATA I, authorize the CITY OF OAK PARK HEIGHTS to release the following private data about me: to the following person or people: The person or people receiving the private data may use it only for the following purpose or purposes: This authorization is dated and expires on The expiration cannot exceed one year from the date of the authorization, except in the case of authorization given in connection with applications for the life insurance or non- cancelable or guaranteed renewable health insurance identified as such,two years after the date of the policy. I agree to give up and waive all claims that I might have against the City, its agents and employees for releasing data pursuant to this request. IDENTITY VERIFIED BY: Witness: X Identification: Driver's License, State ID, Passport, other: Comparison with signature on file Other: Responsible Authority/Designee: Page 174 of 272 Exhibit 4 CITY OF OAK PARK HEIGHTS INFORMATION DISCLOSUR REQUEST Minnesota Government Data Practices Act A. Completed by Requestor REQUESTER NAME (Last,First,Ml): DATE OF REQUEST: STREET ADDRESS: PHONE NUMBER: CITY, STATE,ZIP CODE: SIGNATURE: DESCRIPTION OF THE INFORMATION REQUESTED: (attach additional sheets if necessary) B. Completed by Department DEPARTMENT NAME: HANDLED BY: INFORMATION CLASSIFIED _ ACTION: AS- NON-PUBLIC APPROVED PUBLIC PROTECTED NON-PUBLIC APPROVED IN PART(Explain Below) PRIVATE DENIED (Explain Below) CONFIDENTIAL REMARKS OR BASIS FOR DENIAL INCLUDING STATUTE SECTION: CHARGES: IDENTITY VERIFIED FOR PRIVATE INFORMATION: NONE IDENTIFICATION: DRIVERS LICENSE, STATE ID, Etc. Photocopy: x cents= COMPARISON WITH SIGNATURE ON FILE Special Rate: (attach explanation) PERSONAL KNOWLEDGE Other: (attach explanation) AUTHORIZED SIGNATURE: DATE: Page 175 of 272 Exhibit 5 GOVERNMENT DATA ACCESS AND NONDISCLOSURE AGREEMENT 1. AUTHORIZATION. CITY OF OAK PARK HEIGHTS ("City") hereby authorizes , ("Authorized Parry") access to the following government data: 2. PURPOSE. Access to this government data is limited to the objective of creating summary data for the following purpose: 3. COST. (Check which applies): The Authorized Party is the person who requested the summary data and agrees to bear the City's costs associated with the preparation of the data which has been determined to be$ The Authorized Party has been requested by the City to prepare summary data and will be paid in accordance with Exhibit 4. SECURITY. The Authorized Party agrees that it and any employees or agents under its control must protect the privacy interests of individual data subjects in accordance with the terms of this Agreement. The Authorized party agrees to remove all unique personal identifiers which could be used to identify any individual from data classified by state or federal law as not public which is obtained from City records and incorporated into reports, summaries, compilations, articles, or any document or series of documents. Data contained in files, records, microfilm, or other storage media maintained by the City are the City's property and are not to leave the City's custody. The Authorized Party agrees not to make reproductions of any data or remove any data from the site where it is provided, if the data can in any way identify an individual. No data which is not public and which is irrelevant to the purpose stated above will ever be disclosed or communicated to anyone by any means. The Authorized Party warrants that the following named individual(s) will be the only person(s)to participate in the collection of the data described above: Page 176 of 272 5. LIABILITY FOR DISCLOSURE. The Authorized Party is liable for any unlawful use or disclosure of government data collected, used, and maintained in the exercise of this Agreement and is classified as not public under state or federal law. The Authorized Party understands that it may be subject to civil or criminal penalties under those laws. The Authorized Party agrees to defend, indemnify; and hold the City, its officers and employees harmless from any liability, claims, damages, costs,judgments, or expenses, including reasonable attorneys' fees,resulting directly or indirectly from an act or omission of the Authorized Party, its agents, employees or assignees under this Agreement and against all loss by reason of the Authorized Party's failure to fully perform in any respect all obligations under this Agreement. 6. INSURANCE. In order to protect itself as well as the city,the Authorized Party agrees at all times during the term of this Agreement to maintain insurance covering the Authorized Party's activities under this Agreement. The insurance will cover $1,000,000 per claimant for personal injuries and/or damages and $1,000,000 per occurrence. The policy must cover the indemnification obligation specified above. 7. ACCESS PERIOD. The Authorized Party may have access to the information described above from to S. SURVEY RESULTS. (Check which applies): If the Authorized Party is the requester, a copy of all reports, summaries, compilations, articles,publications, or any document or series of documents which are created from the information provided under this Agreement must be made available to the City in its entirety. _ If the Authorized Party is a contractor of the City, all copies of reports, summaries, compilations, articles, publications, or any document or series of documents which are created from the information provided under this Agreement must be provided to the City. The Authorized Party may retain one copy for its own records but may not disclose it without City permission, except in defense of claims brought against it. AUTHORIZED PARTY: By: Tate: Title(if applicable): CITY OF OAK PARK HEIGHTS: By: Date: Its: Page 177 of 272 Exhibit 6 NOTICE TO PERSONS UNDER AGE 18 Some of the information you are asked to provide is classified as private under State law. You have the right to request that some or all of the information not be given to one or both of our parents/legal guardians. Please complete the form below if you wish to have information withheld. Your request does not automatically mean that the information will be withheld. State law requires the City to determine if honoring the request would be in your best interest. The City is required to consider: • Whether you are of sufficient age and maturity to explain the reasons and understand the consequences, • Whether denying access may protect you from physical or emotional harm, • Whether there is reasonable grounds to support your reasons, and • Whether the data concerns medical, dental, or other health service provided under Minnesota Statutes Sections 144.341 to 144.347. If so, the data may be released only if failure to inform the parent would seriously jeopardize your health. NOTICE GIVEN TO: DATE: ® _ ® ----------------------------------- REQUEST TO WITHHOLD INFORMATION I request that the following information: for these reasons: Date: Print Name: Signature: Page 178 of 272 Exhibit 7 DATA PRACTICES ADVISORY (Tennessee Warning) Some or all of the information that you are asked to provide on the attached form is classified by State law as either private or confidential. Private data is information which generally cannot be given to the public but can be given to the subject of the data. Confidential data is information, which generally cannot be given to either the public or the subject of the data. Our purpose and intended use of this information is: You are/are not legally required to provide this information. If you refuse to supply the information, the following may happen: Other persons or entities authorized by law to receive this information are: By: .m._........................ .www._.....................____ Aa: bj,"� t i erteent Page 179 of 272 Exhibit 8 SAMPLE CONTRACT PROVISION Data Practices Corn liance. Contractor will have access to data collected or maintained by the City to the extent necessary to perform Contractor's obligations under this contract. Contractor agrees to maintain all data obtained from the City in the same manner as the City is required under the Minnesota Government Data Practices Act, Minn. Stat. Chap. 13 (the "Act"). Contractor will not release or disclose the contents of data classified as not public to any person except at the written direction of the City. Contractor agrees to defend and indemnify the City from any claim, liability, damage or loss asserted against the City as a result of Contractor's failure to comply with the requirements of the Act or this contract. Upon termination of this contract, Contractor agrees to return data to the City, as requested by the City. Page 180 of 272 APPENDIX A PRIVATE AND CONFIDENTIAL DATA MAINTAINED BY CITY 1. PERSONAL DATA(PRIVATE) Minn. Stat. § 13.43 Generally, all data about people who are or were an employee,applicant for employment, volunteer, independent contractor, or member of or applicant for a board or commission is private, with the exceptions noted below: Public Data—Applicants Veteran status • Relevant test scores Rank on eligible list Job history Education and training Work availability • Name, after being certified as eligible for appointment to a vacancy or when considered a finalist for a position of public employment(which occurs when the person has been selected to be interviewed by the appointing authority) 0 Names and addresses of applicants for and members of an advisory board or commission Public Data—Employees The following data on current and former employees,volunteers,independent contractors, and members of advisory boards and commissions are public: • Name • Actual gross salary • Salary range • Contract fees • Actual gross pension • Value and nature of employer paid fringe benefits • Basis for and amount of added remuneration, including expense reimbursement • Job title • Job description • Education and training background • Previous work experience • Date of first and last employment Page 181 of 272 • The existence and status (but not nature)of any complaints or charges against the employee, whether or not resulting in discipline • Final disposition of any disciplinary action, with specific reasons for the action and data documenting the basis of the action, excluding data that would identify confidential sources who are employees • Terms of any agreement settling any dispute arising from the employment relationship including a"buyout" agreement • Work location • Work telephone number • Badge number • Honors and awards received • Payroll time sheets and other comparable data that are only used to account for employee's work time for payroll purposes, except to the extent that release of time sheet data would reveal the employee's reasons for the use of sick or other medical leave or other non-public data • City and county of residence Undercover Law Enforcement Officer All personnel data about an undercover law enforcement officer is private until no longer assigned to those duties. Then the officer is subject to the same rules applicable to other employees unless the law enforcement agency determines that revealing the data would threaten the officer's safety or jeopardize an active investigation. Access by Labor Organizations Personnel data may be given to labor organizations or the Bureau of Mediation Services to the extent this is necessary to conduct elections, notify employees of fair share fee assessments, or to implement state labor laws. Employee Assistance Programs All data associated with employee assistance programs is private. Harassment When there is a harassment complaint against an employee, the employee may not have access to data that would identify the complainant or other witnesses if this would threaten the personal safety of the complainant or witness, or subject them to harassment. However, this information will be provided to the employee in order for him/her to prepare for a disciplinary proceeding that has been initiated. Peer Counseling Debriefing Page 182 of 272 Data acquired by a peer group member in a public safety peer counseling debriefing is private data on the person being debriefed. Protection of Employee or Others If it is reasonably necessary to protect an employee from harm to self or to protect another person who may be harmed by the employee, information that is relevant to the safety concerns may be released to(1)the person who may be harmed or to the person's attorney when relevant to obtaining a restraining order, (2) a prepetition screening team in the commitment process, or(3) a court, law enforcement agency, or prosecuting attorney. 2. PROPERTY COMPLIANT DATA (CONFIDENTIAL) Minn. Stat. § 13.44 The identities of individuals who register complaints concerning violations of state laws or local ordinances concerning the use of real property. 3. PLANNING QUESTIONNAIRSE (PRIVATE) Minn. Stat. § 13.59 Names, addresses, and legal descriptions of property, that are collected in questionnairm, or surveys of individuals and businesses for the purposes of planning, development, or redevelopment. 4. SECURITY INFORMATION (PRIVATE/NONPUBLIC) Minn. Stat. § 13.37 Data which if disclosed would be likely to substantially jeopardize the security of information, possessions, individuals or property against theft, tampering, improper use, attempted escape, illegal disclosure, trespass, or physical injury. This includes crime prevention block maps and lists of volunteers who participate in community crime prevention programs and their home addresses and telephone numbers, but these may be disseminated to other volunteers participating in crime prevention programs. 5. ABSENTEE BALLOTS (PRIVATE/NONPUBLIC) Minn. Stat. § 13.37 Sealed absentee ballots before opening by an election judge. 6. SEALED BIDS (PRIVATE/NONPUBLIC) Minn. ,Stat. § 13.37 Sealed bids, including the number of bids received,prior to opening. 7. LABOR RELATIONS INFORMATION Minn. Stat. § 13.37 (PRIVATE/NONPUBLIC) Page 183 of 272 Management positions on economic and non-economic items that have not be presented during the collective bargaining process or interest arbitration, including information collected or created to prepare the management position. 8. FIREARMS DATA(PRIVATE) Minn. Stat. § 13.87 Data about the purchase or transfer of firearms and applications for permits to carry firearms. 9. EXAMINATION DATA Minn. Stat. § 13.34 Completed versions of personnel and licensing examinations are private, unless the responsible authority determines that they should be confidential because access would compromise the objectivity, fairness, or integrity of the examination process. 10.ELECTED OFFICIALS CORRESPONDENCE(PRIVATE)Minn. Stat. § 13.601 Correspondence between individuals and elected officials,but either may make it public. 11. BENEFIT DATA (PRIVATE) Minn. Stat. § 13.462 All data about individuals participating in the City's housing rehabilitation program. 12. CIVIL INVESTIGATIVE DATA Minn. Stat. § 13.39 (CONFIDENTIAL/PROTECTED NONPUBLIC) Data collected as part of an active investigation undertaken to commence or defend pending civil litigation, or which are retained in anticipation of pending civil litigation is confidential, except that a complainant's statement is private. 13. APPRAISAL DATA(CONFIDENTIAL) Minn. Stat. § 13.44, subd. 3 Appraisals made for the purpose of selling or acquiring land. 14. ASSESSOR'S DATA (PRIVATE/NONPUBLIC) Minn. Stat. § 13.51 Data on sales sheets from private multiple listing service organizations. Income information on individuals used to determine eligibility of property for classification 4c under Minn. Stat. § 273.13, Subd. 25(c). The following data regarding income properties: • Income and expense figures for current year and past three years, • Average vacancy factors for the past three years, Page 184 of 272 • Not rentable or useable areas, • Anticipated income and expenses for current year, • Projected vacancy factor for current year, and • Lease information Social Security numbers (Minn. Stat. § 13.49). 15. TRANSPORTATION SERVICE DATA (PRIVATE) Minn. Stat. § 13.72, subd. 10 Personal,medical,financial,familial or locational information,except name,of applicants or users of transportation services for the disabled or elderly. 16. RECRATION DATA (PRIVATE) Minn. Stat. § 13.57 For people enrolling in recreational or other social programs: name, address, telephone number, any other data that identifies the individual, and any data which describes the health or medical condition of the individual, family relationships, living arrangements, and opinions as to the emotional makeup or behavior of an individual. 17. LAW ENFORCEMENT DATA Minn, Stat, § 13.82 Data collected under the domestic abuse act is confidential. The audio recording of a 911 call is private regarding the individual making the call,but a written transcript is public. Certain arrest data,request for service data, and response or incident data is public under Minn. Stat. § 13.82. Otherwise, investigative data collected to prepare a case against a person for the commission of a crime or civil wrong is confidential while the investigation is active. Photographs which are part of inactive investigation files are private if they are clearly offensive to common sensibilities. Booking photographs are public. The identity of a victim of child abuse or neglect is private. The identity of a reporter of child abuse or neglect is confidential. Inactive investigative date which relates to the alleged abuse or neglect of a child by a personal responsible for the child's care is private. Videotapes of child abuse victims may not be released under any circumstance without a court order. The following are private: • The identity of undercover law enforcement officers. • The identity of criminal sexual conduct victims. • The identity of certain informants. Page 185 of 272 • The identity of victims,witnesses,people making a 911 call whose personal safety or property would be threatened by disclosure. • The identity of a person malting a 911 call to receive help in a mental health emergency. Unique descriptions of stolen, lost, confidential, or recovered property are private. Identities of customers of licensed pawnshops and secondhand goods dealers are private. Detention data which would disclose personal, medical, psychological, or financial information or endanger an individual's life is private(Minn. Stat. § 13.85). Criminal history data is private, except convictions of crimes within the past 15 years (Minn. Stat. § 13.87). Deliberative processes or investigative techniques are confidential. 18. CITY ATTORNEY RECORDS Minn. Stat. § 13.393 The use, collection, storage, and dissemination of data by the city attorney is governed by statutes, rules, and professional standards concerning discovery, production of documents, introduction of evidence, and professional responsibility. Data which is the subject of attorney-client privilege is confidential. Data which is the subject of the"work product"privilege is confidential. Page 186 of 272 CITY OF OAK PARK HEIGHTS TAX INCREMENT FINANCING (TIF) POLICY AND APPLICATION FORM Summary: It is the policy of the City of Oak Park Heights to consider the judicious use of Tax Increment Financing (TIF) for those projects which demonstrate a substantial and significant public benefit by constructing public improvements in support of developments that will: create new jobs, significantly benefit the City's fiscal fixture, retain existing employment, eliminate blight, strengthen the economic base of the City, increase property values and tax revenues, reduce poverty, create economic stability, stabilize and upgrade current neighborhoods and areas, and implement projects that are consistent with the City's Comprehensive Plan. Policy Consideration: The City of Oak Park Heights will consider providing Tax Increment Financing(TIF) for projects that achieve the following: 1. Demonstrate long-term benefits to the community; 2. Provide quality employment opportunities; 3. Will significantly add to the City's commercial and industrial tax base by providing a high-quality development. Policy Statements: 1. The City intends to use TIF to provide the developer assistance and to provide direct funding for public improvements. 2. The use of TIF shall be in accordance with Minnesota law. Because changes are frequently made to state law regarding the use of TIF, conflicts in the regulations may arise. If a conflict does arise between this policy and Minnesota law, the more restrictive language shall apply. 3. Projects must be consistent with the City's Comprehensive Plan as determined by the City Council. 4. Projects that promote the completion of major public improvement projects within the City, such as major trunk sanitary or water lines, and major transportation projects are preferred. 5. The level of assistance provided to developers will be determined on a case- by-case basis. When determining the level of assistance, the City will judge Page 187 of 272 the quality of the development and/or the quality of the employment opportunities generated. Based on the extent to which the project achieves the policy consideration(I — 3 above), the City will consider providing TIF assistance to projects falling in the following categories: • Commercial or residential projects that encourage substantial redevelopment of substandard properties • Research and development; educational entities • Manufacturing companies • Major office,production, and warehouse facilities • Multi-family affordable housing projects that meet all of the requirements for tax credits under Section 42 of the Internal Revenue Code of 1986 as amended. 6. TIF assistance will be allocated for appropriate statutorily authorized uses, including but not limited to: • Land acquisition • Loans • Site preparation and improvement • Public improvements • Demolition • Bonding costs Capitalized interest • Specifically stated actual costs of legal and engineering fees Additional Requirements: Application for TIF Assistance must be accompanied with a signed "Development Application"and the payment of a$3,000 non-refundable Application Fee. Additionally, a $10,000 escrow payment must accompany Application for TIF Assistance; these escrow funds are utilized to ensure payment of bond counsel, financial consultants, attorney's fees, etc. The Applicant is responsible to pay for all fees related to the Application and development of the TIF plan and its implementation. Page 188 of 272 A. PROJECT L Applicant Name: Address: Telephone No.: Fax No.. Contact Person: 2. Brief description of Applicant: 3. PID#s, Legal Description, address, and size of project site: 4. Proposed Project(description of building(s), including square footage, materials,proposed use, etc.): Attach site plan. 5. If property is be subdivided, describe division planned: 6. Estimated Project Costs (please enclose construction proformas, if available): a. Land Acquisition b. Public Improvements C. Site Improvements d. Demolition e. Building(s) f. Equipment g. Architectural &Engineering Fees h. Legal Fees/Other Consulting Fees i. Financing Costs j. Contingencies k. Other 1. Other Page 189 of 272 TOTAL 7. Source of Financing a. Equity $ b. Bank Financing C. Tax Increment Assistance d. Other e. Other _ 8. Form of financing project costs: Pay-as-You-Go Or Bonds 9. Name and address of architect, engineer, and general contractor: 10. Project Construction Schedule: a. Construction start date b. Construction completion date C. If phased project: Year Complete Year Complete 11. Total estimated market value of project upon completion: $ 12. Estimated real estate taxes on project upon completion of project(please show calculations): 13. Projected number of new jobs created: Full-time Part-time Page 190 of 272 Seasonal B. TAX INCREMENT FINANCING REQUEST I. Describe the amount and purpose for which tax increment financing is required (please include proforma): 2. Statement of necessity for use of tax increment financing for project: 3. Municipal Reference (if applicable). Please name other municipalities wherein the applicant, or other corporations the applicant has been involved with, has completed development within the Iast five years. 4. The following documents must accompany the Application: a. A Project Pro-Forma; b. Parcel Maps depicting the proposed TIF area; Page 191 of 272 C. A written statement from your attorney that the TIF proposal has the general capacity to meet applicable TIF standards under Minnesota Law; d. SIGNIFICANT ADDITIONAL INFORMATION MAY BE REQUESTED AT ANY TIME BY THE CITY AND MAY BE IN ADDITION TO THE MATERIALS OUTLINED IN THIS APPLICATION. THE APPLICANT SHALL BE REQUIRD TO SUBMIT ANY AND ALL INFORMATION AS REQEUSTED BY THE CITY. S. Applicant acknowledges and agrees to pay the $3,000 TIF Application Fee which is non-refundable. Additionally, the Applicant acknowledges and agrees to pay all fees and expenses incurred by the City in connection with this application or establishment of the TIF District, whether or not approved. The City does require a minimum deposit of $10,000 to cover such fees. That amount may be adjusted upward on a project-by-project basis. The Applicant shall hold the City, its officers, consultants, attorneys, and agents harmIess from any and all claims arising from or in connection with the Project or TIF Application, including but not limited to, any legal or actual violations of any State or Federal securities laws. Applicant recognizes and agrees that the City reserves the right to deny any Application for Tax Increment Financing at any state of the proceedings prior to adopting the resolution approving the district, that the Applicant is not entitled to rely on any preliminary actions by the City prior to the final resolution, and that all expenditures, obligations, costs, fees, or liabilities incurred by the Applicant in connection with the Project are incurred by the Applicant in connection with the Project are incurred by the Applicant at his/her/its sole risk and expense and not in reliance on any actions of the City. The undersigned, a duly authorized representative of the Applicant, hereby certifies that the foregoing information is true, correct, and complete as of the date hereof and agrees that the Applicant shall be bound by the terms and provisions herein. DATE: Applicant: By: Its: Page 192 of 272 CITY OF OAK PARK HEIGHTS MUNICIPAL SEWER COLLECTION SYSTEM MAINTENANCE STANDARDS The City of Oak Park Heights owns 123,018 feet of gravity sewer lines of assorted type and sizes, five lift stations, and 8,157 feet of related pressurized force mains as its wastewater collection system. Wastewater Treatment is performed by the Metropolitan Council Environmental Services (MCES). The City of Oak Park Heights is responsible for development of and adherence to standards to be used to maintain the City wastewater collection system. City staff is directed to provide for the maintenance of the collection system under the following guidelines: Staff shall arrange for cleaning the collection system using high pressure jetting. Approximately 32,000 feet (one-quarter of total sewer collection line footage) shall be maintained each year. Staff shall identify problem areas that have poor slopes, excessive roots, grease problems, or problem pipes that require additional maintenance. These areas shaft be cleaned more frequently, depending on the severity of the problems, up to and including yearly. Staff shall request appropriate ordinance changes, if needed, to protect the city infrastructure. Estimated costs for jetting operations are $25,000 per year. The entire system shall be completely cleaned at a minimum of every five years. Staff shall arrange for televising the collection system for defects including failures, joint separations, excess roots, and service intrusions, and have the problems documented and rated for maintenance and repair options. Televising shall be conducted to verify the acceptability and efficiently of cleaning and root removal operations. A record shall be made of all lines analyzed and recordings shall be kept to allow verification of conditions. Indications of excess inflow and infiltration shall be documented, as well as indications of improper discharges to the City of Oak Park Heights sewer collection system. Approximately 32,000 feet shall be televised the first year at an estimated cost of$19,000 and an additional 23,000 feet televised in each the following four years at an estimated cost of$14,000 in each of those four years. This will allow the entire system to be televised in five years. The budget will remain constant for the five year period and the $5,000 decrease in costs of televising in years two through five shall be dedicated for repairs identified in the previous year televising report. At the end of the five year period, the system evaluation shall be used to determine adequacy of the Page 193 of 272 cleaning program, adequacy of the repair program, and the future needs. It is believed the televising shall not be a major ongoing expense after the system is completely documented and will only be used for specific problems or areas that indicate changes. It is anticipated the cleaning program will be an ongoing maintenance cost for the life of the system. • Preventative maintenance at the City of Oak Park Heights two lift stations shall continue to be conducted on a bi-weekly basis. The staff shall continue to provide daily checks at each site. Weekly pump records shall be maintained to help identify excess pump hours or bypass or check valve problems. The pump control system shall be evaluated on a monthly basis for verification of pumps start, stop and alarm set points. Corrective maintenance on the system is a high priority and shall be made as discovered.. The wet wells shall be evaluated on alternating months and clean outs and repairs implemented on a minimum of yearly basis and more often as indicated by the condition of the structure. The policy shall be to have two pumps available at each lift station during normal operations and to have repairs implemented within 48 hours if one pump becomes inoperable. Failure of a lift station shall be considered an emergency and pump or transport equipment shall be brought in to allow the continued use of the facility for sewer conveyance. • The City of Oak Park Heights shall evaluate the cost and availability of back up power at each of the lift stations. The current generator plug in at the Kern Center station shall be used as the standard for the remaining stations. It is the intent of the City of Oak Park Heights to have a plug in generator receptacle available at each lift station. We intend to add one new generator receptacle to a Iift station each year. If budget allows, the purchase of a potable back up generator capable of operating all stations shall be investigated and a comparison of ownership costs/availability of rental units shall be made. The City of Oak Park Heights' existing alarm system shall be evaluated for future upgrades. Backup power during power failures should be installed to run the exterior warning lights. Cost evaluations shall be made regarding the benefit of a Supervisory Control and Data Acquisition system (SCADA) central alarm and control system that would provide dedicated notification of potential problems as well as alarm conditions during any failure condition. Information on dedicated communication (radio or telephone) shall be investigated. A report on options shall be submitted to the Council for consideration. The staff shall evaluate existing data and new televising records to address excess inflow and infiltration (I&I) discovered in the system in order to save excess treatment costs from clean water entering the system for treatment. The Page 194 of 272 City of Oak Park Heights shall implement a plan to address T&T, if required by MCES. Page 195 of 272 CITY OF OAK PARK HEIGHTS CELLULAR PHONE POLICY The following items contribute to the expected protocols (policy) for Cellular Phone use as they related to the City of Oak Park Heights' employees: 1. City issued Cell Phones are dedicated for business use. They should not be used for non-work related communications, except in special circumstances as described herein, especially during normal work hours. 2. The City reserves the right to establish which employees are to be issued Cell Phones or are to receive a reasonable stipend. Should the City pay a stipend, the employee's Cell Phone shall be in proper working order and the employee shall be reachable. 3. Cell Phones should not be used, even for a business purpose, when a less costly communication alternative is safe, convenient, and readily available. 4. When working for the City, Cell Phones (City-issued or personal) shall not be used while operating a motor vehicle. In some jurisdictions where the Employee may travel, laws prohibit the use of Cell Phones while operating a motor vehicle. It is the City's intent and expectation that all Employees shall abide by the law. 5. Employees in possession of a City-issued Cell Phone are required to take appropriate precautions to safeguard the Cell Phone from damage, loss, unauthorized use, and theft. 6. Cell Phones are not secure devices and can be easily monitored; consequently, confidential information should not be discussed over a Cell Phone. 7. Employees must document all personal use of a City-issued Cell Phone, whether outgoing or incoming calls, at, or as close as possible to, the time the call occurs so personal use can be billed to the Employee. S. Employees should use appropriate communications etiquette with Cell Phones, including setting Cell Phones to be silent when the Employee is in a situation where audible use would disrupt business. 9. In no instance will it be deemed acceptable for an Employee to use a Cell Phone to make harassing, threatening, or intimidating cells,personal or otherwise. Page 196 of 272 10. Release of the City-issued Cell Phone number to persons other than for employment related use and immediate members of the employee's family is prohibited. 11. Personal use of a City-issued Cell Phone is not wholly barred; however, personal use must be limited and reasonable and is subject to reimbursement to the City by the Employee. However, the Employee is expected to exercise good judgment and professionalism, including adherence to the following criteria: • Personal calls should be limited to a few minutes in duration. The Cell Phone is a business phone, and it should be open for business calls, especially during the business day • Personal calls shall not be made or received while operating a motor vehicle Personal calls to "phone datelines," "psychic hotlines," etc. or similar numbers is prohibited. Page 197 of 272 CITY OF OAK PARK HEIGHTS PARKS AND RECREATION DONATIONS POLICY AND APPLICATION POLICY Thank you for considering the City of Oak Park Heights as a recipient of your donation. Donations to the park system help provide service and amenities beyond that possible within our allocated budgets. Your donation to the park is an opportunity for you to pay tribute to or recognize someone or an accomplishment, or just simply expressing an interest in the keeping our parks top-notch. Donation possibilities are unique and diverse as the donor; some donations that have been made include: benches. plantings (i.e. shrubs, trees, and flowers), labor, and financial support. All proposed donations must be presented, in writing, to the City Administrator for review and consideration of the Parks Commission and City Council approval prior to any donation activity occurring. City staff, advisory boards and elected officials will to their best to accommodate donation requests within a reasonable period of time, subject to the proposed donations suitability to the City park system. The City of Oak Park Heights desires to encourage donations while at the same time maintain aesthetic impacts and mitigate ongoing maintenance costs. GUIDELINES 1, Appearan_ce and Aesthetics: In maintaining aesthetics to the park system, physical donations should reflect the character of their proposed location of placement and must be installed in such a manner or location that will not substantially change the character of the areas intended use. 2. Maintenance: Donated items become City property. Accordingly, the City has a duty to maintain the donation for the expected life cycle of the donation. The City reserves the right to remove, alter or discontinue the use of a donated (physical or funded)item,based upon needs assessment for the park system or if the item is in state of condition beyond repair or found to be unsafe for public use. Page 198 of 272 PROCESS I. Complete the application for proposed donation and submit to City Administrator to begin review/consideration process. 2. Upon receipt, City Administrator will review application and request any supplementary information needed. Once application is deemed complete it will be conveyed to the Parks Commission for their review/consideration at their first regularly scheduled meeting following application being deemed complete. Applicant will be notified of this date and is encouraged to attend the meeting to address any questions that may arise during the Commission review/consideration of the application. 3. The Parks Commission will make a recommendation to the City Council, on the application to for their review and consideration. The City Council will make a make a final decision at the first timely meeting following the Parks Commission meeting and recommendation. City Staff will proceed to follow through with the applicant, based upon the directive provided by the City Council. If you have any questions regarding making a donation or this process, please contact the City Administrator at 651-439-4439. Page 199 of 272 APPLICATION Donor Name: Donor Address: Telephone No.: Fax No.: E-mail Address: Description of Donation: Proposed Location of Donation: Memorial/Acknowledgment Plaque& Style, if proposed: Donor Signature: Date: Page 200 of 272 r' ^' CITY OF OAK PARK HEIGHTS GEOCACHING GUIDELINES AND POLICY Geocaching is an outdoor adventure game for owners of Global Positioning Systems (GPS). The basic idea is for individuals to set up a cache and share the location on the website www.geocaching.com. The caches are generally waterproof containers filled with small treasures and typically a logbook. When visitors find them, they may take or leave a small item and sign the log. The game encourages physical activity and also introduces non-traditional park users to the park system. Currently, caches are known or are believed to be located in City Parks. At this time the City will allow the activity to continue as long as certain guidelines are followed: • Park visitors must abide by City Parks Ordinance No. 802, including Park Hours. • Tread lightly; do not place a cache in an environmentally sensitive or dangerous area. • Caches are not to be buried. • Caches are not to contain offensive, dangerous or illegal items. • Individuals placing caches are responsible for monitoring and maintaining them. • The City retains the right to remove a cache for any reason. Page 201 of 272 CITY OF OAK PARK HEIGHTS HAND WASHING PROCEDURES & POLICIES All City employees shall thoroughly wash their hands under these minimum circumstances: After touching bare human body parts other than clean hands and clean, exposed portions of arms; After using the toilet room; After caring for or handling support animals or aquatic animals; After coughing, sneezing, using a handkerchief or disposable tissue, using tobacco, eating, or drinking; After handling soiled equipment or utensils; During food preparation, as often as necessary to remove soil and contamination and to prevent cross contamination when changing tasks; When switching between working with raw food and working with ready-to-eat food; and After engaging in other activities that may contaminate the hands. Page 202 of 272 M A CITY OF OAK PARK HEIGHTS UTILITY POLICY AND PROCEDURES FOR FORCLOSED, VACANT, AND ABANDONED PROPERTY Recognizing the effect of the current economic recession and impacts on housing, vacancies foreclosures and related needs for utility shutoffs and emergency measures to be implemented to secure the safety of the public water and sanitary sewer systems the City Administrator has implemented the following policy for City staff implementation. In Minnesota, most foreclosure proceeding are done by advertisement may typically take at least a year. During these proceedings, the defaulting owner of the property shall remain responsible for utility charges. Even at the late stages of a foreclosure, when a property is sold at a sheriff's sale the defaulting owner has six months to redeem the property. At all times the owner (defaulting or otherwise is responsible for delinquent utility charges and their property. The City will certify delinquent charges to the County at any time throughout the year. Once the charges are certified to the county,they are a valid lien against the property and will be collected through the property tax system. The City will not release its lien until payment in full has been obtained. Also the City will not re-establish water service for any property that has been shut off until all delinquent billings have been paid in full and water service re- establishment fees have been paid. In some situations, the foreclosure proceeding may take only five weeks from the date of the sheriffs sale, rather than six months, i.e. if a judge finds that a property has been abandoned. City officials (building inspector,zoning administrator,police and or other municipal official having jurisdiction) may cooperate with mortgage holders to establish that a particular property is not actually occupied and therefore determined to be abandoned. The City may periodically check the Washington County foreclosed property updates and take the necessary steps to assure payment of delinquent bills.The City may also attempt to take steps to notify property owners to protect the home from water line failure. However, at all times the owner (defaulting or otherwise) is responsible for the maintenance, condition and care of their property including water and sewer service lines from the curb to the dwelling. Under the 2008 Session Law Chapter 253, public utility companies are required to provide notice to cities of utility disconnections initiated by the utility company on October 15 and November 1. Page 203 of 272 For the benefit of internal city processes only, the City may implement the following steps to identify and protect its service lines from failure: • Finance Department shall monitor the Washington County website for foreclosed property updates on a monthly basis. Finance Department shall request list of utility disconnections initiated by Xcel Energy as of October 15 and November 1 of every year. • Finance Department shall cross reference the foreclosed property list with the Xcel Energy utility disconnection list. • Finance Department shall notify the property owner by first class mail of the City's attempt to identify properties that are vacant or have the potential to become vacant and the possibility of damage to homes resulting from loss of water due to broken lines or frozen plumbing and how to protect themselves from line failures. • Finance Department shall notify Public Works Department of all properties that may be in foreclosure, vacant or abandoned. Despite these steps, it is not the responsibility of the City to identify vacant/abandoned homes. It remains the property owner's responsibility to maintain and care for their property. PUBLIC WORKS WILL PROCESS UNITS OF CONCERN IN THE FOLLOWING MANNER: Water utilities are not normally shut off due to concerns about health and sanitation. Public Works will continue to process Utility Disconnects for unpaid bills when notified by Finance. This typically occurs upon a final attempt to encourage payments by hand delivering or posting a final notice of utility shutoff and marking the curb stop. • Water utilities are not preferred to be shut off during the winter since it is possible to disrupt some types of heating systems. • Public Works reviews all water readings for unusual use patterns and does typically revisit a site after an unusual reading (no use or excessive use) to discuss it with the homeowner. A note is typically what is left if no one is home. Public Works may shut off any service line if requested by the property owner. The owner is responsible for all water and sewer use in the building. Sewer charges for the remainder of the year may be adjusted if a leak is discovered in the winter read period that is subsequently repaired, and demonstrated use returns to normal, all subject to the review and approval of the City. Winter readings are used to set the sewer rates for the year. Page 204 of 272 • Public works does not normally shut off utilities unless a problem that could impact remaining City services is discovered. In this situation, the utilities are normally shut off at the curb stop. If no curb stop is installed or if the curb stop is inoperable, Public Works may assist by shutting the water off in the dwelling basement at the meter. This does not guarantee there will not be a frozen pipe on the street side of the meter and does not protect the meter or internal plumbing that may still have water in the lines and/or damages that have already occurred. • The owner of a non-existent or failed curb stop is notified that repairs must be made in a timely manner. The owner is responsible for the repair. • Public Works will attempt to make occasional visits to properties that are of concern. We will attempt to visit any resident that is located in a unit that we have been notified of both a foreclosure and an Xcel energy shut off notice. We will also notify Finance and the owner of record if we find a unit that we believe may have been abandoned. Page 205 of 272 CITY OF OAK PARK HEIGHTS SNOW REMOVAL POLICY I. Snow Removal Policy: The Public Works Director shall decide when to begin snow and ice control operations for the City of Oak Park Heights. Snow removal, at the present time, is contracted between an outside contractor and the City of Oak Park Heights. It shall be the duty and obligation of the Public Works Director to supervise the performance and efficiency of the contracted service. The Public Works Director shall be allowed discretion in making decisions as far as calling out snowplow services; however, the following guidelines shall be used in exercising discretion: A. Amount of snowfall: It is generally believed that a snowfall should be at least two inches (2") deep on bituminous roads and three inches (3") deep on gravel roads before snowplows will be dispatched. Notwithstanding this guideline, the following factors shall also be considered: I. Drifting and blowing snow that causes problems for travel; 2. Icy conditions, which seriously affect travel and traffic control; and 3. Time of snowfall in relationship to the use of major roads and streets within the City. B. Duration of snowfall: Except in cases of projected heavy and continuous snow, the City will not usually dispatch snowplows until such time as the snowfall has stopped for that occasion. C. If the snowfall stops during regular working hours, the plows may be dispatched at that time. If the snowfall stops during the night or early morning hours, the plows will be dispatched between 3:00 a.m. and 5:00 a.m. Weekend plowing will be handled in a similar manner. D. Snow plows will not be sent out in situations that may be hazardous due to limited visibility or extreme cold or dangerously high winds. Notwithstanding any of the above, the Chief of Police or designated deputized officer shall have the authority and power to call out the contract provider for snowplow services. He may do so at any time he feels a particular section of the City or the City in whole is in need of snowplowing and/or salt/sanding services to alleviate or remove a Page 206 of 272 clear and present danger or hazard to the public. 11. Road Clearing Procedure: Generally the clearing of roads will consist of three phases (1) making the road passable, (2) widening and sanding, and (3) clean up. Depending upon the situation, more than one phase may be accomplished at one time. A. Making the road assable: This will involve removing the ice and snow from the center of the roadway in an attempt to clear one lane of traffic in each direction. Generally a snowplow and a wing will be used for this procedure. B. Widening and sanding: Widening shall be done to the edge of the shoulders of the road. Sanding shall be done as needed with the sand/salt mixture as is most appropriate given the weather and road conditions. Care should be taken in applying the sand/salt mixture to provide for the maximum safety of the public and minimal impact upon the environment as envisioned by Minnesota Statues Section 160.215. C. Clean uQ: Snow, ice and slush shall be removed from the roadway after the sun and sand/salt mixture has been allowed to work. This may include removing accumulations of snow and ice from piles if the piles create a hazardous condition. Any snow so removed shall be removed to a snow storage area approved by the Public Works Director. The snow storage area shall be located so as to minimize environmental problems. Snow removal operations will not begin until all other snowplowing operations have been completed. D. Bridges: When a snowplow travels over a bridge, the driver shall slow down so that snow does not go over the bridge embankment, if possible. III. Road and Street Priorities: The City classifies roads and streets, based upon the function of the road, traffic volume, and importance to the welfare of the community. The roads are described on the snowplow priority map, which shall be on filed with the City Clerk as prepared by the Public Works Director. Those classifications are follows: A. First priority road: These are high volume roads, which connect major sections of the City. They also provide primary access for emergency, fire,police and medical services. B. Second Priority road: These roads are providing access to schools and commercial businesses. These roads also lead to higher density Page 207 of 272 suburban-residential areas. C. Third priority road: These are low volume roads, generally leading to lower density suburban developments. IV. Interaction With Private Citizens: A. City vehicles and/or vehicles used by the private contractor on city business, shall not be used to plow private property. The only exception to this is in the event of a bonafide emergency situation, authorized by the Chief of Police. E. The City will not attempt to remove stuck vehicles from ditches, snow banks or other impediments. C. City residents shall not plow or blow snow into the roadway and shall remove parked vehicles from the roads to assist in the orderly clean up of snow and ice accumulations. City residents may be reminded by the Public Works Director that Minnesota Statute 160.27, Subdivision 5 (1) makes it a misdemeanor to obstruct any highway or deposit snow or ice thereon. V. Plowing Restrictions School children waiting for buses and snowplows are not compatible. The following are times that children are waiting for school buses each school day and plow operators shall use extra caution: 7:00 a.m. until 9:15 a.m. Elementary, Middle, High, and St Croix private schools 11:00 a.m. until 12:30 p.m. Kindergarten drop-off and pick-up 2:30 p.m. until 4:15 p.m.Afternoon drop-off After school activities buses for older students could be throughout the City until 6:30 p.m. Ice rinks are open until 9:00 p.m. People have been observed jogging and walking along streets during the evening hours. Extra care should be taken if plowing is required during the evening. On street parking is permitted between 6:00 a.m. and 1:00 a.m. VI. Operations Between Storms Following a storm the City crew will perform touch-up and maintenance of all routes. Touch up may consist of plowing areas in which parked vehicles blocked the streets, areas missed by contractors. The Oak Park Heights Public Works Department is also responsible for snow removal on City trails, well houses, Page 208 of 272 towers, lift stations, paths leading to maintain City infrastructure, and the City Hall Campus parking lots. Page 209 of 272 Aft CITY OF OAK PARK HEIGHTS FIELD AND RINK RESERVATION POLICY In an effort to maximize the use of the City's Baseball, Softball, Hockey and Soccer fields the City Parks Commission has adopted the following polices: 1. At no time shall hockey or pleasure rinks nor their adjacent warming houses be `reserveable'. At all times these facilities remain open to the public for general use during normal operating hours as specified by the City. Any `pick-up games' shall be a11 —inclusive to anyone desiring to participate and subject to the review of the City and its assigned staff. There shall be no "team-practices" held on City rinks. (Note: During summer months park shelters that also serve as skating warming houses may be reserved) 2. Baseball / Softball fields / Soccer fields are available on a "first come-first serve basis", however these fields are `reserveable' by organizations that serve a collective and public function promoting youth team sports/activities. Those organizations must meet ALL of the following minimum criteria in order to reserve a field(s): • The organization must solely serve/act as a youth organization. • The organization, its teams and their members participating shall have formal non-profit status. Proof of such non-profit status and minimum general liability insurance shall be provided to the City naming the City as an additionally insured. • The organization nor its respective teams may hold "tryouts" as a pre- requisite to full participation, any youth who wishes to participate must be fully accommodated by such organization at no additional cost or requirements and shall be allowed to be a full participant. • The organization may be required to complete required field maintenance at their expense as directed by the City. Cash deposit may be required. • The organization shall fully indemnify and hold harmless the City from loss or injury incurred while participating in such activity. Forms shall be provided. The City does not allow the reserving of fields for individual team practices or games. Any and all field reservations requests shall be communicated to the City solely by the managing organization. All requests to reserve a field shall be made not less than 60 days in advance and in writing and copy of the organizations non-profit Federal ID number shall also Page 210 of 272 be provided. No requests shall be considered without such required timeline being met. The City reserves the right to limit number of days, hours and participants a particular organization may use the field. In the event there is a competing interest in fields by qualified organizations, the City(though City Staff)may consider a first-come first serve basis and/or the City may award the field(s) at its sole discretion and may take into account any other factors or conditions it deems reasonable. Any appeals to decisions made by the City Staff in awarding fields may be appealed to the Park Commission. 3. The City makes no commitment on the condition or quality of the available facilities. The City performs only basic grass cutting maintenance as budget and time allow. The City does not `drag' ball fields, does not "line" soccer fields nor any other field or park. 4. Basketball courts, playgrounds, tennis courts, disc-golf courses may not be reserved and are used on a first-come-first-served basis. 5. The City does have a separate policy on renting of Park Shelters, typically applied during non-winter months. Contact City hall for this information. 651-439-4439. Page 211 of 272 CITY OF OAK PARK HEIGHTS COMPUTER USE POLICY Purpose This policy serves to protect the security and integrity of the City's electronic communication and information systems by educating employees about appropriate and safe use of available technology resources. The City reserves the right to inspect any data, e-mails, social media content, files, settings or any other aspect or access made by a City-owned computer or related system and will do so on an as-needed basis as determined by the City administrator. All employees are responsible for reading and following information that may be distributed from time-to-time by the City about appropriate precautions to protect City systems. An employee who violates any aspect of this policy may be subject to disciplinary action. Personal Use The City recognizes that some personal use of City-owned computers and related equipment will occur. Controls are necessary, however, to protect the City's equipment and computer network and to prevent abuse of this privilege. Only City employees/Officials may use City-owned equipment. Family members or friends are not allowed to use City equipment or technology resources. Personal use must take place during non-work hours (breaks, lunch hour, before or after work). Personal use shall never preempt work use. Reasonable use of City e-mail systems for personal correspondence is allowable, provided it does not interfere with an employee's normal work and is consistent with all provisions in this policy. Employees should treat this privilege as they would the ability to make personal phone calls during work hours. Reasonable use of the City's access to the Internet for personal reasons is allowable, provided it does not interfere with workloads as set forth by the City and is consistent with all provisions in this policy. No personal transactional business will be allowed, such as ordering merchandise with a credit card, engaging in auction transactions, etc. Page 212 of 272 If an employee wants to use or connect their own peripheral tools or equipment to City-owned systems (such as digital cameras, PDAs, disks, cell phones, mp3 players or flash drives), they must have prior approval from their Department Head, City Administrator and the MIS Coordinator and must follow provided directions for protecting the City's computer network. • Files from appropriate personal use of the City's equipment may not be stored on your computer's local hard drive or on any City systems. The City may inspect any data or information stored on its equipment or network, even if the information is personal to the employee. • Use of City equipment or technology for personal business interests, for-profit ventures, political activities or other uses deemed by the City Administrator to be inconsistent with City activities is not allowed. If there is any question about whether a use is appropriate it should be forwarded to the City Administrator for a determination. The City reserves the right to inspect any data, e-mails, social media content, files, settings or any other aspect or access made by a City-owned computer or related system and will do so on an as-needed basis as determined by the City administrator. Software Hardware Games and Screen Savers In general, all software and hardware required for an employee to perform his or her job functions will be provided by the City. Requests for new or different equipment or software should be made to your supervisor or City Administrator. The following is approved software that may be downloaded by employees without prior approval: • Microsoft updates as provided in automatic updates to the user. • Microsoft chpart and photo files. Licensed Software The City of Oak Park Heights complies with all software copyrights and terms of all software licenses. City employees may not duplicate licensed software or related documentation. Any such duplication may subject employees and/or the City to both civil and criminal penalties under the United States Copyright Act. Personal software may not be installed. City-owned software may not be loaded on external systems unless the license agreement allows such use and the MIS Coordinator/City Administrator approves. Unapproved software or downloads (free or purchased), hardware, games, screen savers, toolbars, clipart, music and movie clips, other equipment, software or downloads that have not been specifically approved by the MIS Coordinator or City Administrator may compromise the integrity of the City's computer system and are prohibited. Page 213 of 272 The City Administrator may direct staff, without notice, to remove all unauthorized programs or software, equipment, downloads, or other resources if they could harm systems or technology performance. If there is any question about whether software or hardware, downloads, etc. are appropriate it should be forwarded to the MIS Coordinator or City Administrator for a determination. Electronic Mail The City provides employees with an e-mail address for work-related use. The City email account should be restricted to city business. Emails sent from the City provided email account will be thought of as a representation of the City's view and authority and thus no personal use of city email address should be used. The City allows employees to access personal email accounts via the Internet provided such access fully complies with this computer use policy. An employee's personal e-mail (and other personal documents) accessed via a City computer could be considered "public" data and may not be protected by privacy laws. Personal e-mail and computer use may be monitored as directed by the City and without notice to the employee. Employees sball not expect privacy in any activity conducted on a City-owned computer. The following policies relate to both business and personal e-mail content sent from a City computer: • Use common sense, business courtesy and focus primarily on using e-mail for City business. • To the extent practical do not open e-mail attachments or links from an unidentified sender. Delete obvious junk or "spam" e-mail without opening it if possible. Do not respond to unknown senders. • Do not include personal information about yourself or others in an e-mail. • Do not use harassing language, including sexually harassing language or any remarks including insensitive language or derogatory, offensive or irsulting comments or jokes in an e-mail. • All emails must comply with all City policies, including those related to respectful workplace, harassment prevention and workplace violence. Day Long Absence: For absences of one day or longer the "Out of Office Assistant" (OOA) should be used for the e-mail system. The OOA is found under the "Tools"menu when using the "in-box." When leaving a message in the OOA,please remember to state what day or days you will be gone and leave the name of someone who can be contacted in your absence. Remember to make arrangements with your alternate contact on days when you will be gone. Instant Messasine Page 214 of 272 The City does not provide employees with resources or tools to communicate by Instant Messaging (IM) when conducting City business. Employees are not allowed to download or install any IM software on their City computer. Some departments may utilize instant messaging as a tool to facilitate city business. This is at the discretion of the department head. Instant messaging used for this purpose should be limited to brief messages to conduct business in a specific department. Longer messages should utilize other means of communication. Instant messaging in not tracked by the City. Records are not routinely maintained. Social Media Unless first approved by the City Administrator, the City shall not utilize social media outlets to disseminate information. Any electronic communication shall be through direct email or website posting consistent with past-practice. Web Site The City of Oak Park Heights has developed a web site on the Internet. The Internet address is www.Cityofoakparkheights.com. The web site contains information about various departments, community events and City meeting information. It will also allow people to e-mail the City regarding any issue they choose. The City of Oak Park Heights web site is a fast, convenient way to communicate information to people. Information Format Each department will be required to review their information at least quarterly to ensure it is accurate and current. If information changes between the quarterly reviews, it should be updated immediately by submitting the updates to the individual maintaining the Web page. Responsible Parties It will be the responsibility of the Deputy Clerk to act as Web Master (Deputy Clerk). The Web Master will review information and format it for the web site however any and all information posted is subject to the review and discretion of the City Administrator. The Web Master will not create in-formation fnr the weh site without prior authorization by the City Administrator. Individual departments are responsible for creating and updating information and submitting it to the Web Master in a timely manner. • Links to Other Sites The City of Oak Park Heights' web site is for informational purposes only. It is not intended to be a venue for advertisements or endorsements. Our web site will provide links to other web sites only if the web site is for a governmental or quasi- governmental entity. Quasi-governmental organizations include libraries, license bureaus, etc. The City will not create a link to other businesses or non-profit organizations, with the exception of those bona fide businesses included in the Page 215 of 272 Business Directory or who are directly affiliated with city business and/or operator • Web Space to Other Organizations The City of Oak Park Heights will not provide web space to other businesses or organizations. The web site is leased on an annual basis, from an outside vendor. To allow others access to this space would be logistically difficult and opens the City information up to security issues and additional costs. • E-mail The City's web site provides visitors e-mail addresses of employees and responses shall be made to e-mail requests in a timely manner. General Data Storage of Data-All City data shall be stored on the network server. All network drives are backed up on the network system - this does not back-up the workstation hard drives [the "C" drive]. The process of re-configuring workstations as the environment changes may at any time result in the loss of data stored on the workstations hard drive. Storine and Transferring Documents City related electronic documents, including e-mails, electronic communication and business-related materials created on an employee's home or personal computer, should be transferred and stored on the City's network in accordance with City records retention policies and the Minnesota Data Practices Act. The following are general guidelines: • Electronic communication that is simple correspondence and not an official record or transaction of City business should be deleted as soon as possible and should not be retained by employees for more than three months. Electronic communication that constitutes an official record of City business must be kept in accordance with all records retention requirements and should be copied to appropriate network files for permanent storage. • City-related documents that an employee creates on his or her home computer or any other computer system shall be transferred to the appropriate City network file(s). • Similar to paper documents, documents or electronic communications that may be classified as protected or private information under data practices requirements should be stored separately from other materials. If you are unsure whether an electronic communication or other document is a government record for purposes of records retention laws, or is considered protected or private under data practices, check with the City Administrator for data practices. Transferring data and documents between computer systems requires information to be stored on a CD-ROM, flash or USB drive, cloud or domain server, or other storage Page 216 of 272 media. These items can also be used to transmit computer viruses or other items harmful to the City's computer network. The City has installed anti-virus software on each computer to protect against these threats by automatically scanning storage media for viruses and similar concerns but cannot be relied upon to catch all threats to the City's systems. The anti-virus software automatically updates. If you have any questions about your anti- virus software or checking your storage media before you use it, check with the MIS Coordinator. Internet The City provides Internet access to employees for work on City business. Employees may use this access for work-related matters in a professional manner. Occasional personal use of the Internet is acceptable within the bounds of all City policies. The following considerations apply to all uses of the Internet whether business related or personal: * There is no quality control on the Internet. All information found on the Internet should be considered suspect until confirmed by another source. • Internet use during work hours must be limited to subjects directly related to job duties. • Personal use of the Internet during non-work hours (breaks, lunch hour, before or after work) is permitted. However, employees may not at any time access inappropriate sites. Some examples of inappropriate sites include but are not limited to adult entertainment, sexually explicit material, or material advocating intolerance of other people, races or religions, or in manners that otherwise violate City policies related to respectful workplace and harassment prevention. If you are at all unsure whether a site may include inappropriate information, you should not visit it. • No software or files may be downloaded from the Internet unless approved in advance by the MIS Coordinator or City Administrator. This includes but is not limited to free software or downloads maps, weather information, toolbars, music or photo files, clipart, screensavers and games. • Employees may not participate in any Internet chat room — an online meeting place to discuss a particular topic, sometimes in semi-privacy — unless the topic area is related to City business. • Exqml tion: The police department may find it necess@a to review internet sites that do not Drnply with this otic . This would be for investigative Durpose only. This exem tion will be under the direction of the Police Chief's dppartment policy. The City may monitor any employee's use of the Internet for any purpose without prior notice, as deemed appropriate by the City Administrator. Passwords and Physical Security of Equipment Page 217 of 272 Employees are responsible for maintaining computer passwords and following these guidelines: fry Your passwords should not be shared or told to anyone other than the MIS Coordinator If it is necessary to access an employee's computer when he or she is absent, contact the City Administrator for approval. 0 Passwords should not be stored in any location on or near the computer. If necessary, store your password in a document or hard copy file that is locked when you are absent from your desk. Do not store it electronically in a palm pilot or cell phone system. • If you wish to change your password request the MIS Coordinator to make the change. Lock your workstation (press Ctrl-Alt-Del keys) if you will be away from your desk or office for more than five minutes. Unlock your computer by doing the same and typing in your password. Use caution if you leave equipment unattended because it is generally small and portable. Do not leave City computer equipment in an unlocked vehicle or unattended at any off- site facility(airport, restaurant, etc.). If your office or desk area is in a high-traffic public area, check with the technology department about appropriate security measures. Before leaving work, users must log off (or shut down) the network their individual workstations. Remote Access Certain employees may be given the ability to access the City's computer systems from remote locations or from home, using either personal equipment or City-owned equipment. Remote access is limited to staff classified as exempt and who frequently work independently on City business. Non-exempt staff may be given temporary access from time to time as needed, but only with the approval of their supervisor, the City Administrator or the MIS Coordinator. Employees with remote access privileges will be given specific instructions from the technology department about how to protect City equipment and information resources. If you have any questions about remote access to the City's network, check with the MIS Coordinator. Notice of Computer Problems Employees are responsible for notifying the technology department about computer problems or odd computer behavior. Employees should err on the side of caution when reporting issues because small problems may indicate a more serious network or computer system issue. Portable Deices Page 218 of 272 • Defined Portable Devices are laptops, netbook,notebooks, IPADs and Smart phones, etc. • Use Devices that are owned by the City are to conform to all of the applicable policies as outlined in this computer policy. City owned portable devices are to be used in a fashion consistent other City hardware to facilitate your job or position in the City. • Access to Data The user's ability to view, add or modify information in the network files will be solely coordinated through the MIS Coordinator • Electronic Mail Where practicable, electronic mail or e-mail communication for City owned devices should utilize the @cityofoakparkheights.com e-mail system to assure that all communication by employees and or City officials conform to proper data practices and records management. Personal email accounts may be accessed with City supplied devices, but no documents should be downloaded into City systems or hardware. • Additional Requirements All users of portable computing devices that are City owned, shall also comply with the following requirements: • To physically protect the portable device when away from a secure location; • Properly and immediately notify the City Administrator when a portable device is lost or stolen, including notifying the City prior to notifying a third party(e.g. AT&T, Verizon, etc.) • A separate sign-out agreement will be required by the City prior to any City devices being supplied for use outside of the City Hall. • Users of City owned portable devices, understand and agree to the terms in a personal use agreement, which gives the City authority to: 1. Monitor activities conducted on the equipment, 2. Confiscate devices to conduct investigations, 3. Confiscate devices to obtain official records and respond to data practices request, 4. Confiscated devices due to litigation Audit of Use Page 219 of 272 The City Administrator may authorize the periodic audit of the use of the computer or portable devices owned by the City. Employee/City Official Signature I have received and read the above policies and have had an opportunity to ask any questions. I understand that my failure to follow these policies may result in disciplinary action including revocation of system privileges or termination. Print Name Print Department Name/Title Signature Date Page 220 of 272 CITY OF OAK PARK HEIGHTS ANNEXATION/DETACHMENTIUTILITY EXTENSION POLICY Backstround: The policy and position statements that follow are intended to be general in scope and are meant to serve as guiding principles for the City in addressing certain annexation issues. The City Council, however, in approving such policies expressly recognizes that annexation law may change over time and annexation issues tend to arise in the context of unique and fact-specific circumstances. The City Council therefore will, and reserves the right in the future to, analyze all annexation matters on a case-by-case basis. Nothing herein should be construed or interpreted as limiting the City Council's discretion with respect to considering specific annexation matters or to take a position that is not contained herein or is contrary to a position contained herein, should unforeseen circumstances warrant in a particular case or should such position be deemed in the best intere-t-z of the City as determined by the City Council based on the circumstances at the time. General Annexation Policies and Princi les: Annexation will be guided based on the principle of opportunity primarily in response to a request from a property owner or others where the requested annexation would be expected to meet one, or more, of the following factors: 1. Assist in the implementation of and be generally consistent with the Comprehensive Plan; 2. Advance the potential to protect or enhance an environmental resource or abate an existing or potential environmental problem; 3. Enhance the efficient and cost-effective extension of infrastructure, municipal services, and transportation systems; 4. Result in a significant economic development, tax base, or job creation potential; 5. Accomplish another identified policy, goal, or strategy of the City Council. In addition to achieving one or more of the foregoing factors, the City regards annexations with the following context, although subject to specific circumstances: • Annexation fundamentally involves a change in the governmental jurisdiction of a piece of property from the township to the City or from city to city consistent with State law. • Annexation should be evaluated from both a regional context and City perspective and a decision to annex will involve the consideration of the effects of annexation on the applicable city, township, or other government jurisdictions. This may Page 221 of 272 include joint meetings with neighboring jurisdictions as the direction of the City Council. The City's preference is for annexation to be initiated by property owner petition and supported by the current jurisdiction. The City will strive to accomplish annexations under the orderly annexation procedures established in state statute whenever possible. • The City will strive to accomplish annexations in areas contiguous to City corporate limits, unless there is a compelling reason to consider a non-contiguous annexation. Annexation decisions will be additionally guided by an analysis of infrastructure capacity, ease of infrastructure extension, and cost effectiveness of extending infrastructure. Annexation should consider the impact of annexation on economic and environmental resources and the impact of potential transportation improvements on economic and environmental resources. Annexation analyses should include, where applicable, such matters as an accurate projection of tax base expansion, housing units created,job creation, and salary and wage creation. Res onsibiUdes of Requesting Party Seekinst Annexation: In the event an annexation is requested on the part of a property owner(s), the property owner(s) must initiate such request in writing, provide detailed maps and legal descriptions of parcels to be annexed and she additionally submit a $10,000 cash deposit. Upon the receipt of such request and deposit, the City will initiate a review process for such annexation consistent with State Statute and the policies stated herein. The requesting party shall be responsible for all City costs associated with the annexation request, whether or not the request is granted by the City or successful. In the event the request is contested annexation, the property owner shall provide an additional cash deposit to the City in an amount necessary as deemed by the City Council to cover all related costs and expenses of the City should the City desire to proceed with the proposal. ZoninsE of Lands to be Annexed: All lands annexed to the City shall enter the City as with a zoning classification of"0" Open Space. Should land become annexed into the City, the property owner may subsequently seek a rezoning of their lands subject to the processes as established by the City. Circumstances in the Event of Detachment Request from the Citv: In the event there is a request for a detachment from the City, the City will seek a joint meeting with the property owners seeking such detachment and the jurisdiction to which the lands are proposed to be annexed to. Such meeting shall be held so as to gain meaningful information on the nature of the proposal, reason for the detachment request and to ensure all statutory provisions are followed. Page 222 of 272 In the event the City does not satisfactorily agree to continue services outside of its jurisdictional boundaries as proposed under a detachment of City lands to another jurisdiction the City shall terminate all utility services within 30 days of the effective date of detachment. Extension of Provision of City Udlity Services — Outside of Jurisdictional Boundaries: It is the formal policy of the City not to extend its utilities beyond its municipal boundaries. The singular exception to this policy has been in exchanged service areas with the City of Stillwater where both communities have agreed to serve properties in areas where the other cannot lying north of STH 36 and east of Osgood Ave. Page 223 of 272 CITY OF OAK PARK HEIGHTS COMMUNITY NOTIFICATION SYSTEM (CODE RED) USE POLICY P_ uraose This policy serves to protect the security and integrity of the of Oak Park Heights use of Community Notification Systems that implements the use of auto-dialed phone messaging, auto text messaging and/or emailing; hereafter referred to as the "System" Security access to the System and integrity in the use and content of the System ensures the Citizens of Oak Park Heights have trust and confidence in the System and do not become discouraged with the system defeating efficient and successful use of the system. The City may at any time use different notification systems deemed necessary by the City Council or in the event of dissolution of the group contract in place with Washington County. At the time of this policy adoption the has contracted as a county wide participant of all government jurisdictions in Washington County providing continuity for citizens and emergency service agencies. The current system being utilized is: CODE RED. All City employees, contractual emergency service personnel, and council persons are responsible for reading and following this policy and any supplemental information or directions in the future that are relevant to this policy. An employee who violates any aspect of this policy may be subject to disciplinary action. Primary and Secondary Uses The System's primary purpose is for use by emergency services to notify residents and business owners of possible and specific dangers in the community or to request assistance from the community to take action in an emergency. The System is not intended to provide general information to the community regarding an emergency situation that requires no action or involvement of non-impacted parties. The secondary use of the system is by City Administration to provide notices to residents or business in a non-emergency capacity. However, such non-emergency use of the System shall be solely limited to situations where for all practical purposes traditional public information tools would prove incapable of relaying necessary and timely information. Only the City Administrator may authorize the use of the System for non- emergency uses. System Oversight The City Administrator and Chief of Police will have overall responsibility for monitoring, implementation, and conformance to this policy with the use of the system. Page 224 of 272 The City Administrator will be responsible for security and distribution to users deemed to be in need, of the login and password to access to the system for administrative uses. The Chief of Police being the Emergency Manager will have responsibility for monitoring, implementation, and conformance with this policy for departments providing emergency services within the City to include the police and fire departments. The Chief of Police will be responsible for security and distribution to users deemed to be in need of the login and password access to the system for emergency services. Types of Notifications Notification systems can provide messages to community members in several manners to include: Phone Calls, Email, and Text Messaging. The system can be used to notify the entire City or specific geographical areas around or in the path of an incident. 1. Administrative Notifications —Non emergency notifications may include such things as public works notification of sewer and water interruptions, road closures for maintenance, and other interruptions to normal services for residents and businesses; ongoing information in the aftermath of a Natural Disaster for residents to receive services or relevant immediate information on public services or assistance, boil water notices and sewer outages. All administrative notifications will be approved by the City Administrator prior to deployment. An exception may be made by the Public Works Director for public works notifications for unanticipated and emergency service interruptions in the event the City Administrator is unavailable for approval. The use of the notification system is only to be considered an added means of contact to affected residents and follow up door to door contact shall also be attempted. Administrative notices are not intended to replace standard mailing or other written notices and those required by law for legal publication. The notification system is not to be considered to be 100% effective in contacting or notifying all affected persons at all times simply due to the manner of delivery. 2. Emergengi Notifications — Emergency notification can be made to residents and businesses by the police department under direction of the Chief of Police or their designee. The City contracts for fire protection and the contracting entity will notify the Chief of Police of all activations of the system in Oak Park Heights prior to use or as soon a practical after the initiation of the notification if the Chief of Police is not on scene or a police officer is not on scene to relay the notification information to the Chief of Police. Emergency services personnel may initiate a notification directly in the system or request the WC Public Safety Answering Dispatch Center to make the notification in conformance with the set procedures to initiate a notification. Page 225 of 272 Emergency services personnel should use discretion in the activation of the system to reduce unneeded alarm in the citizens, not using it in situations that do not pose an expected danger to the public or require an articulated specific response and assistance from the public. Discretion should be used in setting the criteria/size of the notification area to prevent unneeded alarm to the citizens that would not be expected to be affected by the incident. Some expected emergency services possible uses of the system could be but are not limited to: a) Armed or Dangerous Suspect at large—notification of the public to shelter in place with a description of the suspect. Do not confront the suspect — call 911 if seen. b) Missing Child — description of the child and other relevant information. Caution should be given to ensure persons are notified not to respond to the area and search on their own. C) Missing Vulnerable Adult believed to be in an area — see missing child information. d) Area residences or businesses surrounding an active police incident involving a specific residence or business with a dangerous suspect. Shelter in place notices. Notices not to leave until a uniformed police officer arrives to escort them away from the area if applicable. e) Natural Disasters—shelter in place or emergency evacuation notices. f) Fire or Hazardous Materials incidents to include possible hazards due to gas leaks, smoke hazard, chemical spills. The Fire personnel will develop a "plume" or required evacuation distance in conformance with published hazmat protocol. Not all incidents in the above descriptions will require notifications and emergency personnel need to weigh the expect results gained against the possible negative impact to the community such as fear, panic, unwanted calls to the 911 system asking questions, or unwanted attention/on lookers at the incident scene. Personnel are not to rely on the notification system to provide the only means for evacuation notices. Emergency personnel shall endeavor to also provide audible notification via amplified public address equipment if relevant and or door to door personal contact if possible. Unpermitted Uses — The system may not be used for personal messages, political messages, or notices that may cause undue panic and reaction from the public if reasonably foreseeable. The System is not expected nor anticipated to be used in typical weather related emergency notifications, such as a tornado warning where the siren protocols are established Page 226 of 272 Cautions Caution should be used to not over use the system for routine information which would cause the public to Iose confidence that the system is providing important information. Over use with routine information may cause citizens to then ignore the notices or become frustrated with the system and request to have their information removed from the system. An unintended consequence may also be over reliance on the system by the public believing that they will be notified every time there is an incident. Citizen Information — a Iink to the sign up information for citizens may be kept on the City web site. Basic information of what the system is used for by the City, information that the system will not notify them of every incident, how to sign up for the system, and how to have their information removed from the system if they wish should be posted with the link. Citizens without access to the internet may contact the police reception during normal business hours to be provided with assistance in registering contact phone Ws for their residence or business. Citizens requesting their information be removed from the system may also contact the police reception with the request. No identifying information such as name, phone number, email addresses, text contact information,being provided by citizens will be disclosed except by legal requirement. Page 227 of 272 CITY OF OAK PARK HEIGHTS DEDUCT METER POLICY Policy Statement: Deduct water meters are provided as a service to Oak Park Heights water and sewer customers to meter non-sewered water usage. Deduct meters shall be used to measure non-sewered water usage for irrigation applications and boiler system applications only. The following policies shall apply to current and prospective deduct meters: A. The customer is responsible for all costs incurred to install or replace a deduct meter, including the cost of the meter and all appurtenances. All meters installed shall be finnished only by the City and shall remain the property of the City of Oak Park Heights. It remains the customers responsibility to ensure accurate readings of the deduct meter are reported to the City and to maintain the meter in proper order. B. All deduct meters shall be installed in conjunction with a RPZ back-flow prevention device. The customer shall cause the back-flow prevention device to be inspected and/or tested once per year by a qualified licensed individual and in compliance with the Minnesota State Plumbing code sections 4715.2161 and 4715.2162 or as may be amended or revised. In addition, the customer is responsible to maintain a required rebuild interval, not exceeding five (5) years for such RPZ devices. The customer is responsible to submit a copy of the back- flow prevention device inspection and test report to the City on a yearly basis, and report of rebuild a minimum of every five (5) years. Failure to submit inspection and rebuild reports may result in the loss of the non-sewer use deduction and/or termination of water service where applicable. C. The City will not make estimations on deduct meters for billing purposes. It remains the customers responsibility to ensure the deduct meter is working properly. Under no circumstances shall the customer attempt to make repairs or perform maintenance to the water meter. If the deduct meter is not working properly, the customer shall contact the City Public Works Department as stated in City Ordinance 1001.03 subsection B. Any repairs shall be paid for by the customer. D. The City of Oak Park Heights reserves the right to inspect the property at anytime to ensure that the installation and use of the deduct meter is in compliance with this policy and any applicable codes and regulations. The Customer shall provide plumbing as-builts of the systems using and that are tied into the deduct meter to the City prior to final installation and activation. Failure to provide these as-built drawings will result in a revocation of use of the meter and permission to operate a deduct meter will be withdrawn. Page 228 of 272 E. No deduct meters shall be permitted without first securing a permit from the City. F. The City of Oak Park Heights reserves the right to terminate the use of a customer's deduct meter for any violation of this Policy. G. Deduct meters shall be permitted only to measure non-sewered water usage for irrigation applications and boiler system applications, no other purposes are permitted. H. All existing deduct meters in place at the time of approval of this Policy are required to conform to this Policy. Page 229 of 272 P7 CITY OF OAK PARK HEIGHTS POLICY ON USE OF CITY LETTERHEAD AND REPRESENTATIVE ACTIONS BY CITY OFFICIALS Purpose: In order to clarify protocols necessary to convey a succinct purpose and actions on the part of the City Council as a collective deliberative body, the following policies shall be implemented to ensure that communications to outside entities by public officials are wholly consistent with City Council actions and positions. 1. An elected official may use the City's name, letterhead, logo, or seal only when: a. It is to be directed as representing the City of Oak Park Heights or the body as a whole and only following a formal council action directing same. b. On behalf of the City to respond to official inquiries as directed to the Office of the Mayor and only with the prior consent of Council. c. It provides routine correspondence considered Iargely ceremonial, community based or philanthropic within established City Council actions and protocols. d. This Policy will not prohibit the Mayor or Councilmembers from using City letterhead and resources to write personal congratulatory letters, personal (non-city) letters of recommendation, references, endorsements, and such may be written by on City letterhead, with a copy being provided to each councilmember through the office of the City Administrator. e. An elected official shall not utilize the City's name, letterhead, logo, or seal for the purpose of endorsing any political candidate, business, commercial product,or service. 2. Elected officials shall represent the official policies or positions of the City Council, board, commission, or committee to the best of their abilities when designated as delegates for this purpose. When presenting their individual opinions and positions, officials shall explicitly preface their comments by stating that they do not represent the position of the City of Oak Park Heights,nor give the inference that they do. Page 230 of 272 p, CITY OF OAK PARK HEIGHTS PUBLIC PURPOSE EXPENDITURE POLICY POLICY Consistent with Minnesota State laws that permit and require the expenditure of public funds for public purposes, the Oak Park Heights City Council hereby adopts the following policy and guidelines to provide assistance and clarification to officials and employees for determinations of when public funds may be spent. The over-riding principle is that public funds must be spent for a public purpose. The City Council recognizes that the determination of a valid public purpose is an evolving concept that is somewhat subjective and therefore feels thoughtful discussion and guidance in the form of a policy and guidelines is appropriate. The City Council authorizes the City Administrator and department heads to establish additional administrative policies and procedures and to interpret appropriate use of public funds consistent with this policy and guidelines. Definitions: Public P ose Expenditure — An expenditure of funds related to the purpose for which the City of Oak Park Heights exists, including the mission, goals, functions, and responsibilities of elected and appointed officials, employees and other City representatives. Employee—For purposes of this policy, the word `employee' shall include all employees, elected officials, and appointed officials. PUBLIC PURPOSE GUIDELINES 1. Training and development programs for Oak Park Heights elected and appointed officials and employees serve a public purpose when those training and development programs are related to the employee's job performance and to the programs and services provided by the City to its residents. 2. Payment of employee work-related expenses, including travel, lodging, telephone, and meal expenses serve a public purpose when those expenses are necessarily incurred by Oak Park Heights employees in connection with their official duties and/or work assignments and those expenses are directly related to the performance of the governmental function for which Oak Park Heights has responsibility. Page 231 of 272 3. Safety, health and wellness programs for Oak Park Heights employees serve a public purpose because they result in healthier and more productive employees and reduce certain costs to the City and taxpayers, including various costs related to worker's compensation, health insurance premiums, disability benefit claims, and lost time due to employee absences. 4. Public expenditures to recognize contributions made by employees are part of an overall compensation program offered to employees for work performed. It serves a public purpose because formally recognizing employees who make contributions and demonstrate their commitment during the performance of their duties results in higher morale and increased employee cooperation, understanding and productivity and therefore assists the City in providing efficient and cost-effective services to its citizens. Including all employees in events to recognize service and commitment encourages other employees to work harder and make additional contributions and builds greater teamwork among employees in different departments. Employee productivity is directly related to employee satisfaction and that satisfaction depends on much more than just a paycheck. Employee satisfaction is directly and closely tied to the entire compensation package and the work environment. Recognizing employees' efforts and talents is a key factor in a good work environment and is accomplished several ways, both structured and unstructured. Examples of structured events include the annual employee recognition event, employee retirement and farewell events, years of service recognition, and swearing-in ceremonies for law enforcement. These events are an integral part of our employee compensation program and are directly related to employee satisfaction, which in turn leads to greater productivity and enhanced service to the community. 5. Public expenditures for appropriate community and customer outreach activities serve a public purpose when those expenditures are necessary to ensure efficient operation of the City's programs or services, promote the availability or use of services or City resources, or to promote coordinated, cooperative planning activities among and between the City and the private sector or other public sector jurisdictions for the benefit of the public. 6. Public expenditures for food and refreshments associated with official City of Oak Park Heights functions, employee training, and meetings to discuss City business serve a public purpose when the provision of food or refreshments helps to ensure meaningful participation by those attending. These functions serve a public purpose to receive or provide information of concern to the City, recognize individuals for their service to the City, or provide a forum to discuss City business. These meetings should be limited to meetings where the primary purpose is to discuss City business. Page 232 of 272 7. Expenditures for membership in professional and community organizations and attendance at meetings and professional conferences serve a public purpose by keeping employees informed of state and federal laws and proposed legislation, rules, regulations, court and arbitration decisions, risk management, effective employee and labor relations strategies and issues, availability of grants and other funding sources, community concerns, and public-private partnership opportunities that are directly related to the performance of city-related governmental functions and to the service provided to the residents. S. Expenditures for educational reimbursement serve a public purpose when the coursework is directly related to the job duties or performance needs of the employee and therefore improve the knowledge, skills and abilities needed to provide effective and efficient services to the residents. 9. Public expenditures for volunteer recognition serve a public purpose because formally recognizing volunteers who contribute their time and expertise promotes a positive relationship with the community and encourages volunteerism. Increased volunteerism increases the City's ability to provide cost-effective services to the community. Page 233 of 272 CITY OF OAK PARK HEIGHTS STREET SWEEPING POLICY 1. Introduction The City of Oak Park Heights, Minnesota finds that it is in the best interest of the residents for the city to assume basic responsibility of sweeping city streets. Reasonable sweeping is necessary for vehicle and pedestrian safety, water quality issues, and environmental concerns. The city will provide such service in a cost-effective manner, keeping in mind safety,budget, personnel, and environmental concerns. The city will use city employees, equipment and/or private contractors to provide this service. Completion dates are dependent on weather conditions, personnel, and equipment availability. The Public Works Director or his/her designee will be responsible for scheduling of personnel and equipment. 2. When Will the City Perform Street Sweeping Operations? A. Spring sweeping of snow and ice control aggregate will begin when streets are significantly clear of snow and ice, usually late March or early April, after the risk of later snowfall has passed. Spring sweeping is typically completed by May 31, 2013. B. Sealcoating is a surface application of an asphalt emulsion followed by a layer of small rock that protects the pavement from the deteriorating effects of sun and water, plus it provides increased surface friction. Sealcoat sweeping will commence days after application of sealcoat and will be completed within days of application. C. Fall sweeping will commence and typically is completed by October 31, 2013. Areas with extensive foliage will be swept after most of the leaves have fallen. D. Storm Water Quality areas will be swept on a priority basis throughout the year. E. Environmental/general sweeping will be performed on a routine/as needed basis. F. Bituminous milling recovery sweeping will be performed within days of a grinding, milling, or cracksealing operation. Page 234 of 272 G. Erosion/siltation dirt & debris cleanup from construction projects is the responsibility of the developer, contractor, or property owner. Except in cases of emergency, the streets shall be cleaned and swept within days of notification. if the streets are not swept within the specified time allowed, or in the case of an emergency, the city may sweep the street and the responsible party will reimburse the city for all associated costs. H. Tree trimming and pruning areas will be swept within days of the operation. 1. Citizen requests for sweeping will be evaluated and the Public Works Director will determine the priority. 3. How Will Streets be Swept? Sweeping is a slow process with average gutter line speeds for the first sweeping in spring that can be as slow as 2 to 3 miles per hour. The city will sweep with its own equipment and personnel or contract services. Normally centerlines are swept after gutter lines are cleaned. Equipment may include mechanical, vacuum or regenerative air sweepers. 4. Priorities The city has classified priorities for certain city streets based on the street function, traffic volume, impact on water quality and the environment and the importance to the welfare of the Community. Accordingly, sweeping routes will be designed to provide the maximum possible benefit to higher volume and water quality sensitive areas. 5. Weather Conditions Sweeping operations will be conducted when weather conditions permit. Factors that may delay sweeping operations include: temperatures below 32°F, wind,rain, snow and frozen gutter lines. 6. Work Schedule Sweeping operations are performed in conjunction with and can be impacted by other maintenance operations. Sweeping operations will normally be conducted Monday through Friday, from 7:00 a.m. to 4:30 p.m. Extended workdays and shift changes may be utilized for spring cleanup or emergency sweeping to provide maximum efficiency. For safety reasons, no operator shall work more than a twelve-hour shift in any twenty- four hour period. 7. Sidewalks and Trails Page 235 of 272 The city will sweep trails and sidewalks on collector and arterial streets once in the spring after the risk of snow has passed and they are clear of snow and ice, or on an as-needed basis. 8. Safety Sand, sealcoat rock or other dirt and debris on the street can create a potentially dangerous condition for vehicles, motorcyclists, bicyclists, and pedestrians. It would not be practical or effective to sign all streets for potential dangerous conditions. During sealcoat or milling operations, warning signs indicating loose rock will be placed on each end of collector and arterial streets or other appropriate areas where needed. These signs will remain in place until the street has been swept. Employees will follow all work rules, OSHA regulations, and Federal and State laws to ensure a safe sweeping operation. Page 236 of 272 .n_ CITY OF OAK PARK HEIGHTS DAMAGE CAUSED BY SNOW PLOWS IN CITY RIGHT-OF-WAY 1. The City of Oak Park Heights is not responsible for damage to, repairing, or replacing private property including, but not limited to, signs, vehicles, landscaping, sprinkler heads, fences, and other structures placed within City owned road right-of-ways (ROW). The City owns the roadside right-of-ways (i.e., the land areas adjacent to the road pavement) and must retain all rights to maintain these areas for clear visibility, snow storage and public safety or public need purposes. 2. The City of Oak Park Heights is not responsible for grooming or repairing grass lawns, sod or other roadside vegetation damaged by routine snow plowing and removal operations. 3. If a resident or property owner feels extensive amounts of lawn damage has occurred due to City performed snow plowing or removal operations, a report can be sent to the City of Oak Park Heights Public Works Department for repair consideration in the spring season. 4. The City will reimburse residents for damages caused by snow plows to private mailboxes. Residents have two options, they may request the City replace the mailbox in the spring or the resident should obtain replacement materials and do their own installations. They then may send their receipt for materials and supplies to City Hall for reimbursement. Page 237 of 272 t CITY OF OAK PARK HEIGHTS POLICY ON REMOVAL OF MATERIAL FROM CITY PROPERTY Individuals and organizations are not allowed to dig or remove any sand, soil, rock, stone, tree, shrub, plant, downed timber, wood, or other materials from City property without prior approval from the City of Oak Park Heights. Individuals are not allowed to excavate by tool, equipment, blasting, or other means on City property without first obtaining approval from the City of Oak Park Heights. Page 238 of 272 w Is� i' CITY OF OAK PARK HEIGHTS POLICY ON "DUMPSTER DIVING" AT CITY CLEAN-UP EVENTS "Dumpster diving" refers to the practice of sifting through residential and commercial waste to find items that have been discarded by their owners. The City of Oak Park Heights holds semi-annual clean-up events in order to provide residents of the City an opportunity to dispose of unwanted items and general household trash. Due to the potential liability and time delays, the City of Oak Park Heights prohibits individuals and organizations from the practice of"dumpster diving" at the City clean-up events. This includes taking items off of residents' trailers and from residents' vehicles while in line at the event, as well as removing items from the dumpsters, bins, and surrounding areas. Page 239 of 272 CITY OF OAK PARK HEIGHTS SOCIAL MEDIA POLICY olicn:. The City of Oak Park Heights will determine, at its discretion, how its web-based social media and online community presence will be designed, implemented and managed as part of its overall communications and information technology strategies and functions. City government social media and other web-based resources may be modified or removed by the City at any time and without notice, as necessary to maintain the integrity of both communications and information technology functions. It is the intent of the City of Oak Park Heights to represent itself appropriately, consistently and positively on the internet. Collaborative technologies are fundamentally changing how information is provided, received and how the City can engage its citizens. To aid in meeting the goals of the City, the purpose of this policy is to establish procedures for creating and maintaining a social media and online community presence which is in accord with policies and directives established by City management. It also provides guidelines and standards for individual employees regarding the use of social media for communication with citizens, colleagues and the world at large. 33. Scope This policy applies to any existing or proposed social media web sites and online community accounts created by City employees during the course and scope of their employment. w Definitions "City Social Media" — Those social media web sites established for the benefit of the City of Oak Park Heights with authority granted as outlined in this policy. Includes all employee social media accounts established at the request of or with the approval of City management. City Social Media does not include employee's personal social media accounts. "Social Media Web Sites" —Focus on creating and fostering online social communities for a specific purpose and connect users from varying locations and interest areas. "Social Networking" —Offer a way for registered users to communicate with each other on the internet, usually offering many ways to connect to other registered users. Page 240 of 272 5. General Standards The City of Oak Park Heights social media web site and online community accounts and their associated content should focus on significant City interest areas and be organized in a manner that avoids duplication, ambiguities and/or conflicting information. 6. Social Media Web Site Responsibility • All postings to City of Oak Park Heights social media site may be subjected to review by the Deputy Clerk and/or the City Administrator and may be deleted without notice. • Administration of all social media web sites and online community accounts must comply with applicable laws, regulations and policies as well as proper business etiquette. • City of Oak Park Heights social media and online community web site accounts are considered a City asset and logins to these accounts must be securely administered in accordance with City computer security policies. The City reserves the right to shut down any of its social media sites or accounts for any reason without notice. • A social media web site shall not be used by the City or any City employee or representative to disclose sensitive and/or confidential information without the prior written approval of the City Administrator. • All social media web sites and online community accounts created and utilized during the course and scope of an employee's performance of his/her job duties will be identified as belonging to the City of Oak Park Heights, including the City logo, as well as a link to the City's official web site. • Inclusion of the following disclaimer, as approved by the City Administrator, is required on all social media giteq- "The City of Oak Park Heights's use of external social media web sites is provided as a public service. The City of Oak Park Heights disclaims liability for ads, videos, promoted content or comments accessible from any external web site. The responsibility for external content or comments rests with the organizations or individuals providing them. Any inclusion of external content or comments does not imply endorsement by the City of Oak Park Heights. The City reserves the right to delete any postings that are obscene, vulgar, threatening, contain profanities or show the City or its residents in a negative manner." 7. Social Media Guidelines Page 241 of 272 Post meaningful, respectful comments that promote collaboration and sharing. Do not spam, inflame or make comments that are offensive. • Posting may include: o City events o City partner events o Not-for-profit fundraisers held in the City Posting not allowed: o Sales at retail stores o Garage sales, etc, for individual profit o Events hosted entirely or primarily for a private gain o Political Commentary • Always think before posting; if it causes you to pause or question if it is appropriate, it most likely should not be posted. • Respect proprietary information, content and confidentiality. Give credit to appropriate persons when required or appropriate. • Reply to comments in a timely manner, when a response is appropriate. Understand that quality communication is important, so engage appropriately. • Be transparent as to who you are and who you represent. Be clear about your role for the City of Oak Park Heights so as to identify your vested interest in the information you share. Be aware that just by identifying yourself as a City of Oak Park Heights employee you are creating perceptions about yourself and about the City. Be sure all content associated with you is consistent with your work and the City's professional standards. • Know and follow the City's rules for conduct, Internet Policy and the Social Media Policy. Be aware that some information is confidential and/or sensitive until deemed available for public release. Employees are expected to maintain this confidentiality. Add value and excitement to the online community. Your statements and posts should provide the community with information to improve their knowledge, skills, solve problems, or to understand City government and community activities better. Social media is a conversation, so talk to the community as you would a real person in a professional situation. Be a leader while communicating and do not Page 242 of 272 create incendiary statements to inflame others. Be careful and considerate of other points of view. Posting guidelines: o No more than for 2 posts per day on the site o Please keep sites updated o Post events close to the event or people will forget it. At the very least,post a reminder close to the event Guidelines for responses to posts: o The City will delete any responses containing profanity, vulgarity, or which are demeaning or inflammatory to other people o Document deleted posts (save thread to a file), along with specific reason for deleting o Use Facebook as a photo repository for City events—gives fans a reason to join and something to look at. 8. Violations of the Policy Violations of this Policy shall be reported to the Deputy Clerk and/or the City Administrator. Employees violating this policy may be disciplined in accordance with the provisions of the City of Oak Park Heights' Personnel Policy or employee's labor contract. 9. Exc tions/Chan es This policy replaces all previous policies covering the same or similar topics except as provided for in the City of Oak Park Heights Personnel Policy. Exceptions to this policy may be granted only by the City Administrator. This policy may be reviewed and changed at any time. Page 243 of 272 CITY OF OAK PARK HEIGHTS POLICY ON CITY HALL USE 1. To the extent meeting rooms adjacent to the City Hall entrance rotunda may be unoccupied the City will make such rooms available for use by the public. However, in all situations Non-city meetings shall always remain subordinate to the use of any and all spaces being required for use the City Council, its Commissions, Subcommittees or use by City staff. 2. Meeting rooms may NOT be utilized by firms, individuals or organizations that are "for-profit" in nature, for sales of goods or services or for private celebrations or parties. Use of rooms shall be for the sole purposes of conducting a meeting. Use of rooms, by political parties, condominium organizations, religious organizations or other non-profit entities may use a meeting room. No party may use the room more than once quarterly, subject to availability. 3. The maximum group size is limited to 12 total persons. 4. Any party wishing to utilize the City Hall for a meeting shall first contact the City Deputy Clerk to discuss availability and permissions. Please coordinate with the Deputy Clerk not less than 24 hours in advance of the proposed meeting to determine availability. Unless special arrangements are pre-approved by the Deputy Clerk no meetings may begin prior to 9:00 am and shall cease, with all participants leaving the City Hall by 4:00 pm. 5. During evening and specific time periods when there is a regularly scheduled City Park Board Meeting or a Planning Commission meeting, (excluding City Council meetings) a group may utilize an available meeting room. However, such use shall be subject to the conditions found in this policy and shall cease, with all participants leaving the City Hall premises at the closure of the City function. 6. At no time may any meetings interfere with the business to be carried out by the City and as determined solely by the City. Should this occur, the City may terminate the use of a meeting room by an outside party immediately and for any reason. 7. Food or refreshments may be brought in, but the group is solely responsible to clean- up all materials and dispose of any garbage or recyclables including their removal from the building. No food or refreshments may be brought in that could disturb the proper functioning of the City. 8. The City does not provide sinks, coffee makers, cups, dishes, utensils, phones, printing, copying, etc. for use; each group must supply all their own materials. Page 244 of 272 9. Any chairs and tables that are moved shall be relocated to their original position prior to the party's use. 10. The Party will be held liable for damages should any occur as a result of their use. Page 245 of 272 t„ CITY OF OAK PARK HEIGHTS SIGN RETROREFLECTIVITY POLICY The purpose of this policy is to establish how the City will implement an assessment or management method, or combination of methods, to meet the minimum sign retroreflectivity requirements in the Minnesota Manual on Uniform Traffic Control Devices (MN MUTCD). Substantial conformance with the MN MUTCD is achieved by having a method in place to maintain minimum retroreflectivity levels. Conformance does not require or guarantee that every individual sign in the city will meet or exceed the minimum retroreflective levels at every point in time. The goal of this polia is to improve public safety on the Ci 's streets and roads and prioritize the city's limited resources to replace si ng_s. Article H. Applicable Signs. This policy applies to all regulatory, warning, and guide signs as set forth in the MN MUTCD. Pursuant to Section 2A.8 of the MN MUTCD the city excludes the following signs from the retroreflectivity maintenance guidelines: A. Parking, Standing, and Stopping signs (R7 and R8 series) B. Walking(Hitchhiking/Crossing signs (R9 series, RI0-1 through R10-4b) C. Acknowledgment signs, including Memorial signs D. All signs with blue or brown backgrounds (Indicating Private Streets) E. Bikeway signs that are intended for exclusive use by bicyclists or pedestrians] Article M. Resource Materials The City has reviewed and relied on numerous resources in adopting this policy. These resource materials include,but are not limited to the following: • Methods for Maintaining Traf}`ce Sign Retroreflectivity, Publication No. FHWA- HRT-08-026, U.S. Department of Transportation, Federal Highway Administration(November 2007). • Sign Retroreflectivity Guidebook, Publication No. FHWA-CFL/TD-09-005, U.S. Department of Transportation, Federal Highway Administration(September 2009). Page 246 of 272 Sign Retroreflectivity:A Minnesota Toolkit,Minnesota Department of Transportation, Local Road Research Board (June 2010). Traffic Sign Maintenance/Management Handbook, Report No. 2010RIC10, Version 1.1,Minnesota Department of Transportation(October 2010). LMCIT Sign Retroreflectivity Memo and Model Policy, League of Minnesota Cities (Final Edition, March 2014). Article IV. Sign Inventory To meet the City's goal of maintaining sign retroreflectivity above certain levels, the City will maintain a sign inventory of all new or replacement signs installed after the effective date of this policy. The inventory shall indicate the type of sign, the location of the sign, the date of installation or replacement, the type of sheeting material used on the sign face, the expected life of the sign, and any maintenance performed on the sign. As to existing signs, the City will perform an inventory of all signs covered by this policy. The City recognizes this process will occur over time and subject to the city's monetary and labor force resources. Oak Park Heights expects to complete its sign inventory by 2020. The City shall record the above information related to new signs to the extent that such information is known and shall also include a statement on the general condition of the sign. Article V. Removal of Signs In recognition of the fact that excess road signs have been shown to reduce the effectiveness of signage, as well as impose an unnecessary financial burden on road authorities, it is the City's policy to remove signs determined to be unnecessary for safety purposes and which are not required to comply with an applicable state or federal statute or regulation. The removal of signs shall be based on an engineering study and the MN MUTCD. Article VI. Approved Sign Evaluation Method. After reviewing the various methods proposed for sign maintenance, Oak Park Heights will use the following methods to meet the minimum sign retroreflectivity requirements in the MN MUTCD: Initial Blanket Replacement All signs determined to not meet applicable retroreflectivity standards shall be given priority for replacement. At installation or replacement each City owned sign post location shall be added into the City's spatial geodatabase system. Attribute information Page 247 of 272 of each sigh including but not limited to sign type, date of installation or replacement, sign sheeting material grade and expected sign life. Replace Based on Expected Sign Life. Attribute information about replaced signs shall be recorded into the City's geodatabase including but not limited to date of install so that sign age may be compared to the expected sign life. The expected sign life is based on the experience of sign retroreflectivity degradation in Oak Park Heights. Signs older than the expected life shall receive replacement priority and will be replaced based on available resources and in accordance with established sign rereplacement methods. Article VII. Sign Replacement Method The City hereby establishes the following priority order in which road signs will be replaced: • First priority shall be given to replacing all signs determined not to meet applicable retroreflectivity standards. Top priority shall also be given to replacing missing or damaged signs determined to be of a priority for safety purposes. • Second priority shall be given to signs determined to be marginal in their retroreflectivity evaluation. Third priority shall be given to all remaining signs as they come to the end of their anticipated service life,become damaged, etc. In addition, within each category above, further priority shall be given to warning and regulatory signs on roads with higher vehicle usage. After the initial replacement of signs as provided for in this Article or the installation of new signs, the City shall, for the purpose of complying with the requirements of the MN MUTCD,maintain minimum retroreflectivity standards, as budgetary and labor resource factors allow,by replacing signs as they reach the end of the latter of their expected life expectancy for the sheeting material used on the sign. Damaged, stolen, or missing signs shall be replaced as needed. Article VIII. Modification and Deviation from Policy. The City reserves the right to modify this Sign Retroreflectivity Policy at any time if deemed to be in the best interests of the City based on safety, social, political and economic considerations. Page 248 of 272 The Director of Public Works, or his or her designee, may authorize a deviation from the implementation of this policy in regard to a particular sign when deemed to be in the best interests of the City based on safety, social, political and economic considerations. Such deviation shall be documented, including the reason for the deviation and other information supporting the deviation. Page 249 of 272 t City Of Oak Park Hel hts 14168 Oak Park Blvd. N•Box 2007.oak Park Heights,MN 55082.Phone(651)4NA439•Fax(651)439-0574 Community Award Nomination Form The City of Oak Park Heights recognizes exceptional businesses and distinguished residents of our community who have made a significant impact on the City. To nominate someone for this award, please complete this form and submit it to the City of Oak Park Heights with supporting documentation. Nominations are due by 4:30 p.m. on August 15. Nominations will be reviewed by the City Council and will be announced by the mayor at the City's annual Party in the Park event on the first Sunday after Labor Day in September. You may submit your nomination either by mail or in person. No faxed or e-mailed nominations will be accepted. Oak Park Heights City Hall, ATTN: City Administrator, 14168 Oak Park Boulevard North, PO Box 2007, Oak Park Heights, MN 55082. Please complete a separate nomination form for each person or organization you are nominating. If you have any questions, please call (651)439-4439. Who are you nominating? Name: Address: Phone: E-mail: Information about you: Name: Address: Phone: E-mail: Supporting documentation: Please attach to this nomination form a statement that answers the following questions: 1. What contributions has the nominee made to the community that are beyond the scope of normal civic responsibilities? 2. How have those cont6butions impacted this community? 3. Discuss the time and energy devoted to community projects. 4. How would you describe the examples set by the nominee? 5. What challenges has the nominee met? Page 250 of 272 Community Policy Guidelines Oak Park Heights Residents and local businesses are eligible for consideration of a community award presented each year at the City's annuai Party in the Park event. The nominator need not be a resident of the City of Oak Park Heights; however, the nominee must be an Oak Park Heights resident or an owner, manager, or employee of a business located in Oak Park Heights. II. Criteria The purpose of the Community Award is to recognize individuals or local businesses who have made a positive impact on the community. Contributions to the community need not have been within a certain time period. III. Procedure For consideration of the Community Award, applicants must complete the nomination form and attach the supporting documentation by the deadline. The entry must be submitted by mail or in-person. No faxed or e-mailed entries will be accepted. IV. Winner Selection A review committee will be appointed by the City Council. All nominations received by the deadline will be reviewed by the committee, and a recommendation will be made to the City Council. Winner will be selected based on best match to the criteria. V. Award Presentation The award winner will be notified by the end of August. The award winner will receive a plaque which will be presented by the mayor at the City's Annual Party in the Park which is held the first Sunday after Labor Day. Details of the event will be provided to the award winner prior to the event. The award winner need not be present at the event. If the award winner cannot be at the event, the plaque will be mailed to the award winner the week following the event. Photographs may be taken at the event, and the photographs may appear in the City's newsletter or on the City's website and/or Facebook page. TREE CITY U.S.A. Page 251 of 272 CITY OF OAK PARK HEIGHTS POLICY ON VIDEO RECORDING OF CITY COUNCIL MEETINGS AND WORK SESSIONS The City Council does believe that the creation of a formal audio-visual record of the proceedings of the City Council adds transparency and helps to engage and inform the public regarding local governance. And further, that many policy items and actions are required to be discussed, debated and or vetted prior to a City Council decision being made. And from time to time, some discussions are better initiated in a round table forum and/or a more informal format such as a City Council Work Session where preliminary and collegial discussions may be held but are not readily conducive to audio-visual recording. Considering the foregoing, the following shall be followed: 1. In general the City Council shall video record all City Council Meetings but shall not video record work session meetings. 2. The City Council shall not take any formal actions during a work session. 3. Subject to existing legal privileges allowing for confidentiality, work sessions shall be duly posted, open to the public and the Council should approve a final summary of the discussions held at a regularly scheduled City Council meeting. 4. Any Work sessions where State Agency Staff are anticipated to be present shall be held in the Council Chambers and shall be video recorded. Should State Agency Staff arrive to an untelevised work session and are requested to participate, such meeting shall be suspended and the meeting shall be reconvened in the Council Chambers but only at such time as a video recording can be implemented. 5. If there is a planned work session with external agency, such as a watershed district Washington County, etc. where only a portion of the governing body or only a representative staff person is to be present , such meeting shall held in (or transitioned to) the Council Chambers and video recorded. b. If there is a proposed work session with another external agency where the entire governing board is to be present, such as a joint meeting with another city council Page 252 of 272 or watershed board, such meeting shall not be video recorded unless expressly approved by the City Council, 7. So as to provide City Staff with a clear direction, deviation from the above policies shall only be directed by formal City Council action during a regularly scheduled City Council meeting. Further, in the event of any conflicts of the above policies, the default position of the City shall be to video record the meeting and the meeting shall be held in the Council Chambers. Page 253 of 272 CITY OF OAK PARK HEIGHTS POLICY ON CITY ACCEPTANCE OR TAKEOVER OF ROADWAYS FROM OTHER JURISDICTIONS The City currently has a deficit in its ability to fully fund the long-term care and maintenance of its current roadway systems. The consideration of the acceptance of additional roadways from other jurisdictions places even greater and unsustainable burden on the City's ability to fund and maintain such infrastructure.Accordingly, the City will not accept the "turn back" or consider the acceptance of any roadways from the other government entities until such time as the following conditions are met: 1. Any public entity that desires the City to assume a roadway shall make that request in writing not less than 12 months prior to any potential action. 2. Any public entity that desires the City to consider a roadway takeover shall provide the City detailed study{justification and analysis) regarding the proposed transfer. This study shall be performed by an independent engineering firm capable of performing such task and shall include traffic studies, history of repairs and maintenance, cost-benefit analyses to the City and other impacted parties as well the anticipated results of the proposed project. This study shall be undertaken by the City at the expense of the proposing agency and which shall be paid for upfront by the proposing agency. 3. Public meetings shall be held and convened by the agency proposing to impact or transfer such roadways to the City; affected parties that are reasonably anticipated to be impacted by the proposal (both public and private) shall be invited to the meeting(s). 4. At a minimum, prior to the City assuming any roadways, all such roadways that are proposed to be conveyed to the City shall fully reconstructed (or recently reconstructed) by the proposing agency at their sole expense to the standards as may be minimally required by the City Engineer; including all curb and gutters and drainage systems inclusive of downstream control structures. All proposed street reconstruction subject to a proposed conveyance to the City shall comply with the in-effect watershed and MS4 rules. 5. The City shall not be required to fund any portion of such proposed reconstruction or secure needed right of ways of any roadways to be conveyed to the City. If City lands are proposed to be used, these shall first be purchased by the proposing Page 254 of 272 agency; or the City shall be compensated for such value as determined by the City Council. 6. Prior to any acceptance of a roadway, the City shall first be supplied with an upfront payment of not less than one-half of the second "life-cycle" cost of the street surface and its appurtenances including but not limited to: curb and gutter and pond maintenance. This shall generally include, two "seal-coatings", one "mill and overlay" and one full reconstruction of the street surfaces and curb & gutters and minor and major pond maintenance. This calculation shall be performed by the City Engineer subject to applicable Construction Cost Indexes. 7. The City shall not assume any roadways from another jurisdiction until such time as the City becomes fully eligible for State Road Aids as defined in h N STAT 162.09 S. The City Council may deviate from these policies for good cause and should make that finding in any related City Council resolution. Page 255 of 272 i CITY OF OAK PARK HEIGHTS POLICY ON CITY COMMUNICATIONS TO OTHER PUBLIC AGENCIES At all times City Elected Officials and Appointed Staff must be cognizant of presenting clear positions and intentions of the City to other units of government. To aid in that capacity, having multiple points of contact can create confusion or selective discussions. The following protocols shall henceforth govern City communications. 1. Unless expressly authorized by the City Council - Appointed Officials shall not communicate directly with elected officials from other cities,public agencies such as the State of Minnesota, Washington County, and/or any other public jurisdiction regarding any matters that pertain to items between the City and such governmental agency. The appropriate communication channel is from elected official to elected official. . 2. Unless expressly authorized by the City Council—City Elected Officials shall not communicate directly with staff or consultants from other cities, public agencies such as the State of Minnesota, Washington County and/or any other public jurisdictions regarding any matters that pertain to items between the City and such governmental agency. The appropriate communication channel is from staff to staff, so that City Staff may then uniformly relay information to all City Council members and to present the established City position(s)to outside agencies. 3. In general the protocol for official communication is: elected officials communicate with elected officials, staff communicates with staff. Nothing in this policy precludes the discussion or general interaction between such parties that does not relate directly to City business or actions. 4. City Council Members, staff or other persons who are appointed to serve as the City's official representative on various public bodies or agencies, such as a watershed board, a LMC policy committee or cable commission, should communicate and interact with such agency, other appointed members and their respective staff to the best of their ability subject to the rules of such organization, the polices set forth by the City Council and any multi-agency agreements that may be in place. Dialogue by a City representative at such meetings or with such related persons should be solely germane to the policies and issues specifically before such public body, agency and/or its staff and not other matters that may be directly related to City business or actions. Page 256 of 272 5. From gime to time, there may be an urgent need for a short, succinct inter- governmental communication between elected officials and/or staff that addresses an emergency response need and/or that directly relates to a public safety or an emergency matter. Those communications should be limited in duration and directed specifically to the given event. Should such communication occur, the elected official or staff member shall inform the City Administrator so that the nature of the communication can be shared to all, and such protocol shall also apply to the Office of the City Administrator who shall inform the Council of the nature of the discussion. Page 257 of 272 1"w CITY OF OAK PARK HEIGHTS COST PARTICIPATION POLICY ON CONTRIBUTING FLOWS TO CITY SANITARY SEWER AND STORM WATER SYSTEMS If the City determines that it will permit access to City Utilities by outside public/private agencies (State / County/ Watershed) the following minimum cost sharing policies shall apply: 1. The City shall require prior payment of a portion of the capital costs of the City's constructed facilities (storm water or waste water) to which a public/private agency proposes to connect and utilize. Such capital costs shall be equivalent to the percentage of contributing flow for utilized infrastructure plus an additional 35 percent for any directly related engineering, legal and administrative costs. If actual costs for engineering and legal costs are available, the amounts shall be similarly prorated. Administrative costs shall always be one percent or$500 whichever is higher. a Continuing maintenance costs shall also be paid by the requesting public/private agency, including repairs and replacements for utilized infrastructure, downstream maintenance or any directly related cost. Such costs shall be based on contributing flow as calculated by the City Engineer. 3. Engineering costs to review a proposal to contribute or connect to City systems may be required to be paid by the requesting party. Such engineering review costs shall be estimated by the City Engineer and an escrow shall be paid by the requesting party prior to any formal evaluation of the proposal being further considered by the City. 4. Prior to any connections made to the City's systems, a final cost sharing agreement, incorporating the above capital and maintenance cost responsibilities shall be fully executed between the City and the contributing party as annroved by the Citv F.noineer and City Attorney. 5. Pursuant to other City Policies; the City will not accept connections from or with projects lying outside of the jurisdictional borders of the City. For private agencies participating in any such agreements their cost participation shall be secured or collateralized by consent to assessment and collection with property taxes, if applicable Policy Approved by the City Council 12/8/2015 Page 258 of 272 M � CITY OF OAK PARK HEIGHTS SANITARY SEWER MAINTENANCE POLICY m Purpose It is the policy of the City of Oak Park Heights to comply with all applicable state and federal regulatory requirements. The City intends to provide effective and efficient maintenance to its sanitary sewer system by evaluating political, social, safety, and economic concerns, among others. Procedures identified in this policy are intended to maintain the sanitary sewer system to prevent sewer backups. These procedures, when implemented, may also extend the service life of various components of the sanitary sewer system. The City has 147,296 feet of public sanitary sewer mains, 693 manholes and four (4) lift/pump stations within its sanitary sewer system. Procedures identified in this policy are intended to maintain the City's sanitary sewer system to prevent sewer backups and to extend the life of the system. The City has developed and implemented this policy that takes into consideration public safety, the City's budget and personnel, environmental concerns, and the cost of implementation versus the benefit to be achieved. The City will use its employees, equipment and/or private contractors to provide this service. While the City (ally intends to meet the guidelines established in this policy, there may be times when this is not feasible. Issues including, but not limited to, budget constraints, critical equipment failure, or weather and other emergencies may prevent the City from meeting the guidelines established herein. The Director of Public Works may override provisions established within this policy. Deviations from the goals established in this policy will be documented. The City will use this policy to guide any sanitary sewer maintenance activities that are provided by a contractor or a party other than the City. 2. Routine Maintenance and Inspection Goals A. Sanitary Sewer Mains Scope of City's Responsibility - The City will maintain the components of the public sanitary sewer system. This includes sanitary sewer mains, manholes, lift stations and other related components. Private property owners are responsible for the maintenance of sanitary sewer components from their property to the sewer main connection. Page 259 of 272 Schedule — The City's goal is to inspect and maintain the components of its sanitary sewer system according to the attached schedule. Equipment — The equipment used to perform maintenance will depend upon the equipment available and its effectiveness as determined by qualified staff. The City of Oak Park Heights contracts for sewer system cleaning and televising services. Television Inspection — The City's sanitary sewer mains will be inspected by television camera in accordance with the attached schedule. Any sewer mains located on a street where a street maintenance project is planned will be inspected before and after such a project. Sanitary sewer mains in a new development must be televised before said mains are turned over to the City. Television inspection may also be used to inspect the system where there are possible problems. In addition, the City may require any main near a construction site to be televised before and after the construction (i.e., near blasting, digging, other activities that might disrupt the main, etc.) Visual recordings of sewer main televising will be required of any vendor performing this service for the City. A written report summarizing and interpreting the findings of the televising will also be required. These records will be kept by the City for a minimum of 12 years. B. Problem Areas The sanitary sewer mains and facilities identified as Category 1 will receive ordinary routine maintenance as noted on sewer maps. The sanitary sewer mains and facilities identified on the sewer map as Category 2 will receive more frequent maintenance and those identified as Category 3 will receive less frequent maintenance. When a sewer main or facility is identified as anything other than Category 1, the reasons why maintenance is needed on a different schedule will be documented. Sewer mains and facilities will receive maintenance according to the attached schedule. The Public Works Director will determine whether a main or facility is Category 1, receiving routine sewer maintenance, Category 2, receiving more frequent maintenance or Category 3, receiving less frequent maintenance. Based on periodic assessment, maintenance will be adjusted and a sewer main may be moved from one category to another. C. Sanitary Sewer Lift Stations The City maintains lift stations using specific maintenance that is reasonable and recommended. The number of lift stations, location, and capacity of each lift station is kept on record. Maintenance for each lift station is reflected in Standard Operating Procedures (SOP) and Standard Maintenance Procedures (SMP). Components of SOP and SMP include: • Easy availability of original manuals with manufacturers' recommended maintenance schedules for all lift station equipment Operating procedures for manipulating pump operations (manually or automatically) during wet weather to increase in-line storage of wet weather flows Page 260 of 272 Setting wet well operating Ievels to limit pump start/stops Cleaning wet well 0 Regular rotation of lead, lag, and backup pumps Regular inspections of lift station, alarm systems and electrical components a Maintenance of operation logs and general records for all lift station activities, including inspections Identify problem areas/components 3. Inflow and infiltration occur when clear water gets into the sanitary sewer system. This may occur through cracks or leaks in the sewer pipes and manholes or through sump pumps incorrectly connected to the sanitary sewer system. Inflow and infiltration can lead to backups, overflows and unnecessary and expensive treatment of clear water. City employees will periodically inspect manholes to identify any that contribute to this problem. Sanitary sewer mains will be maintained and inspected pursuant to the City's Sanitary Sewer Maintenance Policy. 4. Personnel Responsibilities and Re uirements A. Exercise of Professional Judgment It is expected that City employees, in accordance with their job duties and responsibilities, will exercise their professional judgment in the implementation of this policy. Further, it is expected that in emergency situations (see Emergency Response Policy) City employees will be required to exercise their discretion and weigh political, social, and economic considerations including but not limited to public and employee safety, the potential for damage to private property and the City sanitary sewer system, and environmental concerns. B. Training and Education The City will provide funding for training to employees responsible for maintenance of and emergency response to issues with the sanitary sewer system. Training of employees will include education necessary to earn and maintain appropriate operator certifications. Training will also address standard operating procedures, proper use of equipment, emergency response and other topics required by state and federal regulatory agencies. C. Work Schedule Full-time City employees in the Public Works department will be expected to work eight- hour shifts. In emergencies, employees may be required to work in excess of eight hours. Budget and safety concerns may limit the length of time an employee is permitted to work. D. Weather Conditions Page 261 of 272 Regular sewer maintenance operations will be conducted only when weather conditions do not endanger the City employees and equipment. Factors that may delay sewer maintenance operations include, but are not limited to: severe cold, severe heat, flooding, and other severe weather events. 5. Documentation The City will document all of its inspection and maintenance activities and emergency responses for its sanitary sewer system. The City will also document circumstances that limit its ability to comply with this policy. A report should be prepared periodically for the purpose of evaluating maintenance activities and for determining goals for the future. These records will be kept in accordance with the City's records retention schedule. 6. Public Education Periodically, the City will inform residents of their responsibilities related to sanitary sewer service from the City of Oak Park Heights. 7. Other Sanitary Sewer System Policies The City has a number of other policies and/or ordinances that are important to the ongoing operation of the City's sanitary sewer system. The following documents are available on the City's web site and in the public works department. • Emergency Response Policy • Public Sanitary Sewer Use Ordinance Policy Approved by the City Council 12/8/2015 Page 262 of 272 CITY OF OAK PARK HEIGHTS SANITARY SEWER EMERGENCY RESPONSE POLICY 1. Procedure It is the City's policy to respond to sewer backups, lift station problems or failures, or other system problems or failures 24 hours a day, 365 days a year. During normal business hours, all calls and reported problems will be routed to the Public Works Department. Normal business hours are from 8:00 AM a.m. to 4:00 P.M., Monday through Friday, excluding legal holidays. At all times other than normal business hours, emergency calls will be routed to the Public Works Department Emergency On Call Phone Line (651) 485 - 2304. The Public Works Director will designate one or more employees as "on call"during non-business hours. 2. Response It is the goal of the department to answer or return all calls for emergency service immediately and provide an initial response within one (1) hour or as soon as possible under the circumstances of receiving a report of a problem or an emergency call. The time necessary to remedy a problem will vary depending on the number of calls, the nature and seriousness of the problem, weather, and other factors that may impact the department's ability to respond and to find and correct a reported problem. When appropriate, a City employee will check the City's sanitary sewer main at the point of the problem. Corrective action will be taken if the City's sanitary sewer main is found to be blocked or obstructed or a lift station is found to be malfunctioning. When a blockage found in a sanitary sewer main is causing a backup into a private portion of the system, the first priority will be to address the problem in the City's sanitary sewer main. After a sanitary sewer backup is remedied, efforts to determine the cause of the blockage or backup will be undertaken by those responding to the emergency. A written report of the emergency response will include all relevant information including but not limited to documentation of action taken related to the request for emergency service, photographs and the responder's perspective concerning the cause(s) or possible cause(s) of the blockage or backup. When investigation of a backup determines that the problem is within the private portion of the sanitary sewer system, the sewer customer will be informed of possible corrective action they may have to perform on their portion of the system. Page 263 of 272 3. Reporting The State Duty Officer (1-800-422-0798 or 651-649-5451 in the metro) must be notified when bypassing the City's sanitary sewer system or otherwise discharging sewage anywhere other than to the City's sanitary sewer system. All sewer backup claims must be referred to the League of Minnesota Cities Insurance Trust (LMCIT) for determination of liability. City employees are instructed to not admit or mislead residents about City liability for backups in the municipal sanitary sewer system. Policy Approved by the City Council 12/8/2015 Page 264 of 272 e "3 CITY OF OAK PARK HEIGHTS POLICY ON WATER SERVICE LINE FREEZE-UP 1. In the City of Oak Park Heights, water service lines run from the main line to the home and are private property; the water shut-off box (curb stop) is also owned by the property owner and is their responsibility to locate it and maintain it in proper working order. 2. The City does not have the capacity to provide a service of thawing frozen service laterals to owner occupied residences, owner-occupied residential condominiums and owner-occupied co-operative housing nor to any other residence or establishment. Any such services should only be provided by licensed plumber or other firm capable of safely thawing a water service line. The City does not recommend any particular methodology to thaw a service line. 3. While the City cannot directly thaw a water line, it will as resources are available, aid in whatever way it can, such as assisting in locating curb stop. The City will respond to calls in order of calls received. The City shall establish a listing of possible firms and their contact information that could aid in any thawing activities and which shall be supplied to individuals seeking assistance. 4. Calls received during regular working hours shall be responded to as resources permit. Calls received after regular working hours will be responded to within sixteen hours of receipt of the call, or as soon as possible after sixteen hours of receipt of the call in the event that other emergencies tie up resources and make it impossible to deal with the thawing request. 5. The City asks that residents who do run water to carefully track this water use and proactively inform the City that they are running water to preclude a frozen water line. 6. The City reserves the right to deviate from this policy at any time if deemed to be in the general public interest and the protection of the health, safety and welfare of the public. 7. The City will make appropriate adjustments to water and sewer billings for homes that do run water to prevent freeze-up. The City will examine previous billings to determine averages and will off-set bills accordingly and/or will establish an alternative protocol that provides a standard unit of credit. Page 265 of 272 Water Line Freeze Ups-Guidance to Residents • The most likely spot for water lines to freeze is where it enters the housebuilding. • Make sure to clear the area of storage items so warmer room air can reach the pipes. This may mean removing items from a vanity cabinet or in a utility room. • Use heat tape. • Use a warm hair dryer,but do not leave unattended. • Make sure the roof vent is not covered with snow or is otherwise blocked. Snow build up over the vent will cause the sewer drain to slow down. This prevents the warmer air in the sewer system from venting up the house line and keeping the line above freezing. • Monitor water flow in the nearest (to the outside) fixture closely. Run your cold water for a couple minutes and then take the temperature of the water. If it is below 40 degrees Fahrenheit as a last resort, you can let your cold water run from this faucet at a pencil thickness. (Source Minnesota Rural Water Association) o You should run it non-stop when there is no one home or no water is being used for a period of time. Ensure that there are no sewer blockages. o Watch for unintended consequences of sewer or septic backups if running water continuously. o If a home's thermostat isn't hardwired and relies on a battery, property owners should make sure that battery is fresh. Page 266 of 272 1 CITY OF OAK PARK HEIGHTS CANCELLATION POLICY During course of the year the City Council typically meets twice per month in addition to other occasions where necessary and/or time sensitive City business must transpire. To facilitate this, the City Council outlines an official meeting calendar at the beginning of each year. However, on occasion it is possible that the holding of a regularly scheduled meeting can be delayed and its routine agenda items continued to the next available meeting. The purpose of such delay would be to enable the effective use of time for elected officials and/or to preclude requiring paid staff and consultants from attending meetings when not economically efficient. The policies below shall be utilized and followed if there is there is consideration to cancel a scheduled City Council meeting for the purposes outlined herein. 1. The City Administrator may recommend, via email, to the Mayor and all members of the City Council to continue the meeting and shall include comment if theme are any time-sensitive matters pending. Such continuance under this policy should be utilized not less than four days prior to the planned meeting. 1 if the Mayor or any member of the Council desire to hold the meeting at the regularly scheduled time for any reason the meeting shall be convened as planned. 3. The underlying purpose of this Policy shall be to efficiently allocate City resources as well as the time of its elected and appointed officials. This Policy shall not be utilized to unreasonably delay decisions or City Council actions. 4. As a matter of practice, the City Council typically considers to cancel the first or second meetings in June, July and August of each year and to address schedule conflicts around holidays as celebrated in November and December. These cancellations are usually determined at the commencement of each year with the passage of the City Council's official meeting calendar. 5. As a matter of practice, bills and investments must continue to be paid and processed during those times when the City Council does determine that a meeting is to be cancelled; in such instances these decisions shall jointly revert to the Office of the Finance Director and the City Administrator to determine what can be paid,processed and/or delayed. Page 267 of 272 6. There may be alternative or other necessary reasons to cancel or continue a planned City Council meeting but these shall be evaluated as they arise based on circumstances,policies and applicable laws. Page 268 of 272 CITY OF OAK PARK HEIGHTS DATA BREACH RESPONSE POLICY The following policy establishes a process and protocol to better protect private information that may be held by the City. And, what processes the City would follow to affirmatively respond should a data breach occur so as to further reduce any loss. WHAT CONSTITUTES A DATA BREACH A data breach is an incident in which sensitive, protected or confidential data has potentially been viewed, stolen or used by an individual unauthorized to do so. Data breaches may occur due to loss or theft of data or equipment on which data is stored, inappropriate access controls allowing unauthorized use, equipment failure, human error, unforeseen circumstances such as a fire or flood, purposeful and malicious criminal attacks, or a system failure that compromises security and leads to data loss. MANAGING A DATA BREACH Identify the breach: The City Administrator should be informed in writing immediately. The communication should outline the nature of the incident and those involved and the type of data potentially unlawfully accessible/accessed and should include the date and time when the breach was discovered. The City Administrator may then choose to investigate the breach directly, or delegate to an appropriate member of staff who will be the alternate investigating officer. Contain any continuing issue: The designated investigating officer must establish if the breach is current, and therefore if it can be halted or the effects minimized by taking systems offline but not shutting them down, revoking access or informing staff responsible for the continuing cause of a breach, and securing the premises. Recovery and Damage limitation: The designated investigating officer must act promptly to identify the extent of the problem, what data has been at risk, and take appropriate steps to recover data and minimize risk. This could include: 1. Informing the Police of stolen equipment 2. Reporting and attempting to recover lost equipment 3. Briefing staff as to the nature of the breach and to be mindful should they receive inquiries using said data Page 269 of 272 4. Informing the Communications Officer should inquiries from the press be received 5. Accessing of back-ups to replace lost or damaged data 6. Contacting the bank or banks of account holders if account holder details have been unlawfully shared to prevent fraudulent use 7. If the data breach included entry codes or passwords, then these must be changed immediately, and involved users (members of staff or volunteers) informed. 8. Inform the City Attorney and LMCIT of the incident. Investigation The designated investigating officer should ascertain whose data was involved in the breach, the potential effect on the data subject and what further steps need to be taken to remedy the situation. The investigation should (at a minimum) consider: • Type of data and its sensitivity • What protections are in place(e.g. encryption) • What has happened to the data • Whether the data could be put to any illegal or inappropriate use a How many people or organizations are affected • Whether there are wider consequences to the breach. A clear record should be made of the nature of the breach and the actions taken to mitigate it. The investigation should be completed promptly and wherever possible within 72 hours of the breach being discovered / reported. A further review of the causes of the breach and recommendations for future improvements can be done once the matter has been resolved. Notification Some people/agencies may need to be notified as part of the initial containment, i.e. the Police, Banks, Server administrators, etc. The decision about whether to inform those whose data may have been unlawfully shared will normally be made once an investigation has taken place and risks are better known. The City Administrator should, on seeking legal advice, decide whether anyone should be notified of the breach. Every incident should be considered on a case by case basis. The following points provide guidance on whether notification is advisable: Arc there any legal/contractual requirements to notify? • Will notification help prevent the unauthorized or unlawful use of personal data? Page 270 of 272 • Could notification help the individual could they act on the information to mitigate risks? • Consider the dangers of over-notifying. Not every incident warrants notification and over-notification may cause disproportionate enquiries, concern and use of staff time. • The notification should include a description of how and when the breach occurred and what data was involved. Include details of what you have already done to mitigate the risks posed by the breach. When notifying individuals, give specific and clear advice on what they can do to protect themselves and what you are willing to do to help them. You should also give them the opportunity to make a formal complaint if they wish. REVIEW AND EVALUATION __ • Once any containment, investigation and, if appropriate, notification of the breach is over, the investigating officer should provide a report to the City Administrator considering both the causes of the breach and the effectiveness of the response to it. • If systemic or ongoing problems are identified, then an action plan must be drawn up to address any apparent deficient areas. If the breach warrants a disciplinary investigation, this matter must be taken up by the City Administrator in compliance with employee contracts or volunteer agreements. This policy may need to be reviewed after a breach or after legislative changes, and as a matter of best practice. Page 271 of 272 THIS PAGE IS INTENTIONALLY LEFT BLANK Page 272 of 272