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04-23-2024 Council Packet
CITY OF OAK PARK HEIGHTS CITY COUNCIL MEETING AGENDA CITY HALL COUNCIL CHAMBERS TUESDAY, APRIL 23, 2024 6:00 PM 6:00 p.m. L Call to Order/Pledge of Allegiance/Approval of Agenda Estimated times 6:00 p.m. II. Council/Staff Reports A. Mayor McComber B. Councilmember Dougherty C. Councilmember Johnson D. Councilmember Liljegren E. Councilmember Runk F. Staff • City Administrator • Chief of Police • Assistant City Administrator/City Clerk (pg. 3) 6:05 p.m. III. Visitors/Public Comment 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). A. 2023 Audit Review Presentation — Rebecca Petersen, CPA (pg. 5) 6:15 p.m. IV. Consent Agenda (Roll Call Vote) A. Approve Bills & Investments B. Approve City Council Minutes — April 9, 2024 (pg. 17) C. Adopt Resolution Approving a Gambling Premises Permit Application Made by Saint Thomas Academy for Gambling Activity at Applebee's (pg. 21) D. Authorize the Brain Tumor 5k Race on May 19, 2024 Subject to Execution of the Race Agreement (pg. 23) E. Authorize the St. Croix Crossing Half Marathon on July 27, 2024 Subject to Execution of the Race Agreement (pg. 31) F. Adopt Proclamation for Municipal Clerks Week, May 5 — 11, 2024 (pg. 41) G. Approve Officer Brian Zwach and Officer Lindsey Paradise to Sergeant Positions Effective May 1, 2024 (pg. 43) H. Approve Participation in No Mow May for 2024 (pg. 45) I. Approve Installation of Swings at Oak Park Crossing Park (pg. 47) J. Approve Grant Agreement for the MN DNR Shade Tree Program Bonding Grant Award (pg. 67) 6:15 p.m. V. Public Hearings 6:15 p.m. VI. Old Business 6:15 p.m. VII. New Business 6:15 p.m. VIII. Other Council Items or Announcements Page 1 of 75 City Council Agenda April 23, 2024 Page 2 6:15 p.m. IX. Closed Session (closed pursuant to MN Stat. 13D.05, Subd. 3(a)) A. City Administrator Performance Review 6:30 p.m. X. Adjournment Page 2 of 75 City of Oak Park Heights 14168 Oak Park Blvd. N • Oak Park Heights, MN 55082 • Phone (651) 439-4439 • Fax (651) 439-0574 April 16, 2024 Ryan and Angela Young 5510 O'Brien Avenue North Oak Park Heights, MN 55082 Dear Mr. and Mrs. Young: 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 a fire extinguisher and/or smoke detector. Your residence was checked on Tuesday, April 16, 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 via phone at 439-4439 or email at jpinski@cityofoakparkheights.com 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! Jennifer Pinski Assistant City Administrator TREE CITY U.S.A. Page 3 of 75 THIS PAGE INTENTIONALLY LEFT BLANK Page 4 of 75 0 0. 0 N f6 Q U a n< (10 U CL Q N N L 00 ate., I� QJ O 4 - Ln CL ca L Q L U j .. 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V l V 1� 1� Page 15 of 75 D L E 0 —0 Ln Page 16 of 75 N r -I z Q CQ L 0 ee� O •1I AAl' w w N U U U s U M N N O N N O N O EM::: O N �6m O N Q N .N C N � � O Q N O Lr 0 L � O N N L O O O O O O 1� 1� Page 16 of 75 N r -I z Q CQ L 0 CITY OF OAK PARK HEIGHTS TUESDAY, APRIL 9, 2024 CITY COUNCIL MEETING MINUTES L Call to Order/Pledge of Allegiance/Approval of Agenda: Mayor McComber called the meeting to order at 6:00 p.m. Present: Councilmembers Dougherty, Johnson, Liljegren, and Runk. Staff present: City Administrator Rife, Police Chief Hansen, Assistant City Administrator/City Clerk Pinski, City Engineer Mann, and City Attorney Sandstrom. Absent: None. Mayor McComber added "Set Party in the Park for June 6, 2024 at Brekke Park from 4:30 — 6:30 p.m." to New Business as Item A. Councilmember Johnson, seconded by Councilmember Dougherty, moved to approve the Agenda. Carried 5-0. II. Council/Staff Reports: A. Mayor McComber: She reported she had several meetings, emails and calls; she participated in the sergeant position interviews; and she would be attending the Xcel Energy meeting that week. B. Councilmember Dougherty: He reported he attended the Home to Sweet Home ten-year anniversary ribbon cutting. C. Councilmember Johnson: She reported she would be attending the Middle St. Croix Watershed Management Organization meeting on Thursday. D. Councilmember Liljegren: He reported the April Planning Commission meeting was cancelled. E. Councilmember Runk: He reported he participated in the sergeant position interviews, he would be attending the Convention and Visitor's Bureau meeting that week, and at the last Board of Water and Soil Resources meeting they discussed seeking state bonding to build a fund to assist municipalities for water filtration. Mayor McComber said she spoke with Senator Housley who said she would speak with Representative Hill regarding assistance to the City if needed. F. Staff: City Administrator Rife reported there were several items for a worksession discussion. Councilmember Dougherty, seconded by Councilmember Runk, moved to set a worksession for 5:00 p.m. on April 23, 2024. Carried 5-0. Police Chief Hansen reported they were conducting first round interviews for the police officer position, and the three sergeant position candidates were going through the leadership assessment. He also reported that the Page 17 of 75 City Council Meeting Minutes April 9, 2024 Page 2 of 3 SWAT would be doing crisis negotiation training on the bridge on April 10. Assistant City Administrator/City Clerk Pinski reported that Edwin Andera of 14935 57th Street North was chosen as the recycling award winner. She also reported clean up day was scheduled for May 18. III. Visitors/Public Comment: A. Bayport Fire Department Operational Update — Allen Eisinger: Mr. Eisinger provided a call summary presentation. He also talked about proper battery disposal, burning permits, and recreational fires. He said the ladder truck had been refurbished. Councilmember Liljegren asked about staffing. Mr. Eisinger reported staffing levels were good but they were looking into promotional content to attract applicants. IV. Consent Agenda: A. Approve Bills & Investments B. Approve City Council Minutes — March 26, 2024 C. Adopt Proclamation for April 2024 as Fair Housing Month D. Adopt Proclamation for May 2024 as National Cities, Towns and Villages Month E. Approve Updates to the City's Purchasing Policy F. Adopt Resolution Approving the Transfer of Public Safety Funds from the General Fund to the Budgeted Projects Fund G. Adopt Resolution Opposing State Preemption of Local Zoning Authority and State Mandated Zoning Standards Councilmember Runk, seconded by Councilmember Liljegren, moved to approve the Consent Agenda. Roll call vote taken. Carried 5-0. V. Public Hearings: None VI. Old Business: A. Citywide Residential Street Speed Limit Reduction: Councilmember Johnson, seconded by Councilmember Runk, moved to amend the Ordinance changing the residential speed limit to twenty-five miles per hour and to authorize the expenditure for signage. Carried 5-0. VII. New Business: A. Set Party in the Park for June 6, 2024 at Brekke Park from 4:30 — 6:30 p.m.: Councilmember Liljegren, seconded by Councilmember Dougherty, moved to set Party in the Park as requested. Carried 5-0. VIII. Other Council Items or Announcements: None Page 18 of 75 City Council Meeting Minutes April 9, 2024 Page 3 of 3 IX. Adiourn: Councilmember Liljegren, seconded by Councilmember Dougherty, moved to adjourn at 6:22 p.m. Carried 5-0. Respectfully submitted, Approved as to Content and Form, Jennifer Pinski Mary McComber Assistant City Administrator/City Clerk Mayor Page 19 of 75 THIS PAGE INTENTIONALLY LEFT BLANK Page 20 of 75 ak .� ° Q P 4%_ G Date: April 23, 2024 Consent TO: Mayor and City Council FROM: Jennifer Pinski, Assistant City Administrator/City Clerk AGENDA ITEM: Adopt Resolution Approving a Gambling Premises Permit Application Made by Saint Thomas Academy for Gambling Activity at Applebee's 91KKI&1111LL1� Jodie Whaley, on behalf of Saint Thomas Academy has applied with the State of Minnesota Gambling Control Board for a permit to conduct lawful gambling activity at the site of Applebee's, 13625 60th Street North in Oak Park Heights. The application requires City approval with passage of a Resolution. FINANCIAL IMPACT: • DOES ACTION REQUIRE EXPENDITURE OF FUNDS? No ACTION REQUESTED: Adopt Resolution 24-04-16 ATTACHMENTS: Resolution 24-04-16 Page 21 of 75 RESOLUTION 24-04-16 CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA RESOLUTION APPROVING A GAMBLING PREMISES PERMIT APPLICATION MADE BY SAINT THOMAS ACADEMY FOR GAMBLING ACTIVITY AT APPLEBEE'S WHEREAS, Jodie Whaley, on behalf of Saint Thomas Academy has applied with the State of Minnesota Gambling Control Board for a permit to conduct lawful gambling activity at the site of Applebee's, 13625 60'hStreet North in Oak Park I Ieights; and WHEREAS, the City of Oak Park Heights has reviewed the application and finds that its purposes meet the necessary community standards; and WHEREAS, the City of Oak Park Heights has solicited the input of the public and there have leen no objections to the grarnting of the application for the permit as applied for by Saint Thomas Academy �N itis the State of Minnesota Gambling Control Board. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL FOR THE CITY OF OAK PARK HEIGHTS AS FOLLOWS: That the application of Saint Thomas Academy with the State of Minnesota Gamblitig Control Board for a permit to conduct lawful gambling activity at the site of Applcbcc's. ] )6?5 60"' Street North, within the City of Oak Park Heights and the Sante are herehy al)pro% cd. Passed by the City Council of Oak Park Heights this 23' day of April, 2024. ATTEST: Jacob Rife City Administrator Mary McCornber Mayor Page 22 of 75 a� Oak Park,%._ G Date: April 23, 2024 Consent TO: Mayor and City Council FROM: Jacob Rife, City Administrator AGENDA ITEM: Authorize the Brain Tumor 5K Race on May 19, 2024 Subject to Execution of the Race Agreement BACKGROUND: As in the past, the City has been approached by representatives from the MN Brain Tumor 5K for their event to be held in the City on May 19, 2024. The 5K event will start at the High School and utilize City paths around Boutwells Landing before finishing at the High School. The race organizers have received support and approval from Boutwells for the race. As far as staff is aware, the event has been well managed in the past. The City is requiring a $250 escrow deposit to ensure any costs incurred by the City (Police, PW, etc.) will be covered. FINANCIAL IMPACT: • Does action require expenditure of funds? No ACTION REQUESTED: Approve the Authorization of the Brain Tumor 5K ATTACHMENTS: 1. 2024 Race Agreement 2. Race Map Page 23 of 75 CITY OF OAK PARK HEIGHTS —MN BRAIN TUMOR 5K - AGREEMENT 2024 THIS AGREEMENT is made this day of , 2024 between the CITY OF OAK PARK HEIGHTS, Washington County, Minnesota ("City"), and Musella Foundation for Brain Tumor Research and Information, Inc. ("RACE HOLDER") Whereas the RACE HOLDER seeks to host the MN Brain Tumor 5K (the "Event") through the City of Oak Park Heights on May 19, 2024. The City does hereby approve such event subject to the execution of this document by the City and the RACE HOLDER and which requires the full compliance with all provisions. RECITALS 1. The City hereby authorizes the RACE HOLDER to organize and conduct the Event within the statutory limits of the City of Oak Park Heights subject to the terms and conditions found herein. This shall be a singular event on the specified date. No date or route deviations shall occur in the City without the prior approval of the City. "Exhibit A" additionally contains the route map. The City expressly states to the RACE HOLDER that the routes chosen will be under traffic and the City will not provide any staff or police officers that will be charged with any traffic management at any area. At all times participants will strictly obey traffic laws and utilize in place pedestrian crossing systems. The RACE HOLDER shall make extensive, proactive efforts to communicate these protocols to all its participants and may NOT block or interfere with public roadways, trail -ways or other public spaces. This Agreement does not convey sole, primary or priority use of any public infrastructure. 2. Limitations, RACE HOLDER agrees that they will provide the Chief of Police with a estimated number of race participants by May 12, 2024. 3. Fees. RACE HOLDER shall pay a $250 security escrow to the City. 4. Garbage and Rubbish Removal. All garbage and refuse generated by the Event, including that left by participants and/or spectators, will be removed and properly disposed of by sundown on the day of the Event. The RACE HOLDER will be responsible to reimburse the City for any subsequent cleaning determined to be necessary by the City as a result of the Race. 5. Restrooms. The RACE HOLDER shall make arrangements for restroom facilities to be accessible for spectators, officials and race participants. 6. Emergency. The RACE RACE HOLDER shall provide to the City a copy of their Emergency Plan and will then be affixed hereto as "Exhibit B". Failure to provide an Emergency Plan does not release the RACE HOLDER from ensuring the protection of Page 24 of 75 its participants. The City is not dedicating any additional resources to the Event and shall provide emergency services only as traditionally held during duty hours. 7. Insurance, Hold Harmless, and Indemnity. The RACE HOLDER does agree to fully indemnify, defend, and holds harmless in totality the City with regard to any claims, causes of action or demands that might be brought against the City arising out of the events, activities, and occurrences arising out of or relating to this Agreement or activities hereunder including any claim brought by any participant or any other impacted parry. Further, the RACE HOLDER shall provide to the City evidence of insurance coverage of at least $1,500,000 of combined single limits covering claims that might be brought against them that arise out of the events authorized by this Agreement; and to name the City as an additional insured on their policy "as their interest may appear." This proof of insurance shall be provided to the City Administrator not later than June 15, 2024 and affixed here to as "Exhibit U. The RACE HOLDER have been made specifically aware by the City that runners and participants may be moving across surfaces that are un -even, unpaved, not regularly maintained for running, are not solely dedicated for pedestrian traffic and/or are impacted by construction or other hazards. The City does not warrant that any such surface is maintained in a condition that is suitable for the purposes of the RACE HOLDER and their participants. The RACE HOLDER shall inform all participants of these conditions and to use utmost caution, and cause participants to sign a waiver that releases the City from any responsibility or liability arising from their participation. 8. Police Power. The RACE HOLDER shall maintain and monitor their personal cell phone at all times on the day of the race. 9. Ci . Costs. RACE HOLDER is jointly responsible to ensure that the City is reimbursed for all costs incurred by the City to allow such Race, including but not limited to City Police Department, Public Works Department, and Fire Department and as needed to safely conduct and maintain the event. A refundable cash deposit of $250 must be made to the City. This $250 amount shall serve as a security to the City and shall be reimbursed to RACE HOLDER at such time RACE HOLDER pays to the City all costs incurred by the City and/or penalties due. The City shall invoice RACE HOLDER within 60 days of the Race for all final City costs incurred for the Race, if any. If City is required to take legal action to enforce this Agreement or collect penalties from RACE HOLDER, then RACE HOLDER shall be responsible to pay the City's costs of enforcement, including reasonable attorneys' fees and court costs, in doing so. 10. Term. The term of this Agreement is for the dates noted in the Agreement. 11. Non -Compliance. Failure on the part of RACE HOLDER to comply with specific provisions of this Agreement, including the providing of the preparatory documents and actions may result in the City implementing monetary penalties in the amount of Page 25 of 75 $200.00 for each violation and/or the City's revocation of permission to hold this race within the City. The City will provide written notice to RACE HOLDER for each violation and will bill RACE HOLDER for such violation. The City may also conclude, through the decision of the Chief of Police that RACE HOLDER has not provided the required documentation in the required timelines the City may then revoke the permission to hold the race within the City limits, as determined by the Chief of Police. It remains RACE HOLDER'S responsibility to provide the required documents in a fashion wholly consistent with the dates stated in this Agreement. IN WITNESS WHEREOF, the parties have set their hands effective the day and year first written above. ("RACE HOLDER") M Title: City of Oak Park Heights ("City") Mayor ATTEST: City Administrator Page 26 of 75 Exhibit A Route Maps & Course Support and Letter: Page 27 of 75 Exhibit B The Emergency Plan: Page 28 of 75 Exhibit C Proof of Insurance: Page 29 of 75 MNBTSk Route 2024 https://www.mapmyrun.com/routes/view/5813483083 Note we will start participants out by going around the track, then out of pony stadium, going to the left out to the sidewalk that runs alongside of Stillwater Blvd, to the corner taking a right on 58th St N and staying on the sidewalk all the way down to Norwich Ave N, taking a right (remaining on the sidewalk) around Boutwells Landing back up to 58th St N, taking a left, making their way back to the HS grounds. Turning left at the East entrance and back on the sidewalk around the south side of the school, back into Pony stadium to the finish line. We will have route safety at all intersections (marked in images on the following pages), you will also see where the water station will be on route and water bars and bananas will be handed out after the finish. Page 30 of 75 a� Oak Park,%._ G Date: April 23, 2024 Consent TO: Mayor and City Council FROM: Jacob Rife, City Administrator AGENDA ITEM: Authorize the St. Croix Crossing Half Marathon on July 27, 2024 Subject to Execution of the Race Agreement BACKGROUND: As in the past, the City has been approached by Run Stillwater for their St. Croix Crossing Half Marathon to pass through the City on July 27, 2024. The race participants will only be in the City for a very short period of time. As far as staff is aware, the event has been well managed in the past. The City is requiring a $1,000 escrow deposit to ensure any costs incurred by the City (Police, PW, etc.) will be covered. FINANCIAL IMPACT: • Does action require expenditure of funds? No ACTION REQUESTED: Approve the Authorization of the St. Croix Crossing Half Marathon ATTACHMENTS: 1. 2024 Race Agreement 2. Race Map Page 31 of 75 CITY OF OAK PARK HEIGHTS —ST CROIX CROSSING HALF MARATHON - AGREEMENT 2024 THIS AGREEMENT is made this day of , 2024 between the CITY OF OAK PARK HEIGHTS, Washington County, Minnesota ("City"), and Run Stillwater, Inc., ("RACE HOLDER") Whereas the RACE HOLDER seeks to host the St. Croix Half Marathon Event (the "Event") through the City of Oak Park Heights on July 27, 2024. The City does hereby approve such event subject to the execution of this document by the City and the RACE HOLDER and which requires the full compliance with all provisions. RECITALS 1. The City hereby authorizes the RACE HOLDER to organize and conduct the Event within the statutory limits of the City of Oak Park Heights subject to the terms and conditions found herein. This shall be a singular event on the specified date. No date or route deviations shall occur in the City without the prior approval of the City. "Exhibit A" additionally contains the route map. The City expressly states to the RACE HOLDER that the routes chosen will be under traffic and the City will not provide any staff or police officers that will be charged with any traffic management at any area. At all times participants will strictly obey traffic laws and utilize in place pedestrian crossing systems. The RACE HOLDER shall make extensive, proactive efforts to communicate these protocols to all its participants and may NOT block or interfere with public roadways, trail -ways or other public spaces. This Agreement does not convey sole, primary or priority use of any public infrastructure. 2. Limitations, RACE HOLDER agrees that the number of Race participants for all races will be limited to a total of 3,000 individual participants through the course of the day. 3. Fees. RACE HOLDER shall pay a $1,000.00 security escrow to the City by June 15th 2024, see item 15. 4. Parking Control. By June 15th, 2024, The Event Holder shall provide a parking plan for review by the City, so that the City can understand where all parking may be planned to occur and/or if other permitting is necessary. Should the City determine that there are meaningful number of participants or spectators parking in private lots within the City, the City reserves the right to withhold penalties as outlined in Section 17. 5. Garbage and Rubbish Removal. All garbage and refuse generated by the Event, including that left by participants and/or spectators, will be removed and properly disposed of by sundown on the day of the Event. The RACE HOLDER will be Page 32 of 75 responsible to reimburse the City for any subsequent cleaning determined to be necessary by the City as a result of the Race. 6. Portable Restrooms. Portable restrooms will not be set-up in the City. The RACE HOLDER shall make arrangements for portable restroom facilities to be accessible for spectators, officials and race participants. 7. Water Stops and First Aid Stations. RACE HOLDER shall establish water and first aid stations at locations on the route in keeping with National Race Standards for similar events. Should the RACE HOLDER desire to place a station(s) in the City the RACE HOLDER shall explicitly seek that permission by supplying the exact locations and set-up proposal to the City not later than June 15, 2024. The City may not unreasonably withhold such permissions. 8. Emergency. The RACE RACE HOLDER shall provide to the City a copy of their Emergency Plan and will then be affixed hereto as "Exhibit B". Failure to provide an Emergency Plan does not release the RACE HOLDER from ensuring the protection of its participants. The City is not dedicating any additional resources to the Event and shall provide emergency services only as traditionally held during duty hours. 9. Food, Liquor and Vending. The RACE HOLDER will not sell commercial food, liquor or vending, nor will they license others to provide these services to race participants in the City. This provision does not prevent RACE HOLDER from providing food and nonalcoholic beverages to Race participants only and shall be consistent with the intent of this Agreement. 10. Insurance, Hold Harmless, and Indemnity. The RACE HOLDER does agree to fully indemnify, defend, and holds harmless in totality the City with regard to any claims, causes of action or demands that might be brought against the City arising out of the events, activities, and occurrences arising out of or relating to this Agreement or activities hereunder including any claim brought by any participant or any other impacted parry. Further, the RACE HOLDER shall provide to the City evidence of insurance coverage of at least $1,500,000 of combined single limits covering claims that might be brought against them that arise out of the events authorized by this Agreement; and to name the City as an additional insured on their policy "as their interest may appear." This proof of insurance shall be provided to the City Administrator not later than June 15, 2024 and affixed here to as "Exhibit U. The RACE HOLDER have been made specifically aware by the City that runners and participants may be moving across surfaces that are un -even, unpaved, not regularly maintained for running, are not solely dedicated for pedestrian traffic and/or are impacted by construction or other hazards. The City does not warrant that any such surface is maintained in a condition that is suitable for the purposes of the RACE Page 33 of 75 HOLDER and their participants. The RACE HOLDER shall inform all participants of these conditions and to use utmost caution, and cause participants to sign a waiver that releases the City from any responsibility or liability arising from their participation. 11. Public Information. RACE HOLDER shall make extensive, deliberate, affirmative and documented efforts to notify property owners and businesses along the Racecourse of any restrictions that might be placed upon their movements or activities during the Race. This shall include a letter sent to each residence along the race route within 5 business days prior to the event. 12. Communi , Participation. The City shall work in good faith with RACE HOLDER to encourage community participation in Race preparation and Race conduct. The City however shall not be required to perform any specific action or provide any funding or service. The City and RACE HOLDER shall not be deemed partners, a joint venture or any other similar affiliation merely by the City's encouragement of community participation. 13. Police Power. The RACE HOLDER shall maintain and monitor their personal cell phone at all times on the day of the race, and such phone number shall be provided to the City Police Department prior to June 15, 2024 in order to enable the City to immediately reach RACE HOLDER in the event of any emergencies or safety issues during the Race. 14. Use of City Parks. RACE HOLDER may separately request in writing the use of various City Parks during set up, execution of the Race, and tear -down. The City shall endeavor to facilitate such use subject to prior reservations of record and in all situations, use of City park and shelters shall operate under City Ordinances. 15. Ci1y Costs. RACE HOLDER is jointly responsible to ensure that the City is reimbursed for all costs incurred by the City to allow such Race, including but not limited to City Police Department, Public Works Department, and Fire Department and as needed to safely conduct and maintain the event. A refundable cash deposit of $1,000.00 must be made to the City by RACE HOLDER no later than June 15, 2024. This $1,000 amount shall serve as a security to the City and shall be reimbursed to RACE HOLDER at such time RACE HOLDER pays to the City all costs incurred by the City and/or penalties due. The City shall invoice RACE HOLDER within 60 days of the Race for all final City costs incurred for the Race, if any. If City is required to take legal action to enforce this Agreement or collect penalties from RACE HOLDER, then RACE HOLDER shall be responsible to pay the City's costs of enforcement, including reasonable attorneys' fees and court costs, in doing so. 16. Term. The term of this Agreement is for the dates noted in the Agreement. 17. Non -Compliance. Failure on the part of RACE HOLDER to comply with specific provisions of this Agreement, including the providing of the preparatory documents Page 34 of 75 and actions may result in the City implementing monetary penalties in the amount of $200.00 for each violation and/or the City's revocation of permission to hold this race within the City. The City will provide written notice to RACE HOLDER for each violation and will bill RACE HOLDER for such violation. The City may also conclude, through the decision of the Chief of Police that RACE HOLDER has not provided the required documentation in the required timelines the City may then revoke the permission to hold the race within the City limits, as determined by the Chief of Police. It remains RACE HOLDER'S responsibility to provide the required documents in a fashion wholly consistent with the dates stated in this Agreement. 18. Additional Permits. Not later than July 15, 2024 the RACE HOLDER shall provide a copy of Washington County and/or the State of Minnesota permit(s) (to be incorporated herein as "Exhibit D") necessary to hold such race along or upon the St. Croix Crossing, STH 95 or other State or County roadways. Failure to provide this information may result in the City revocating this permit. IN WITNESS WHEREOF, the parties have set their hands effective the day and year first written above. ("RACE HOLDER") a Title: City of Oak Park Heights ("City") Mayor ATTEST: City Administrator Page 35 of 75 Exhibit A Route Maps & Course Support and Letter: Page 36 of 75 Exhibit B The Emergency Plan: Page 37 of 75 Exhibit C Proof of Insurance: Page 38 of 75 Exhibit D Washington County and State of MN Permits: Page 39 of 75 HALF MARATHON ELEVATION LU Yn blsterce (miles; If'7 Spectator observation (see website for more info.) *fie 0 deans St E•y�+ _STunmysideMauna t Iwo State Hwy 3!1 F St. Croix Crossing Half Marathon Race Start Times All Distances Start at 7:00 a.m. Ad Stabi*41: Ciatorade & wato,r (portable resirooms along the Wui"e but not dt acid sta4Um) 0 Mile Mark Arrdersm SaSut Cann ■ AndertwTk 13cout Hwy E State Hwy 35 Big Gis 980 Roafflwu�* Sr. LTaix NOW of GCO8 tavant C'altt�' Emanuef aurcli r"} x A ■roL, of St Joseprr 7owrr Hatt rw� N ]25th Ave Page 40 of 75 Qj a � Swic :+x5 0 C� Pedestrian/ }. X bike only "' •� ILbud'mn E Elemwfary •SdN;-d `'r EIuulrnn SchaolCircle Kbrer $treat rrrn Hou Iton Stillwater 4�y 1' HCl.ifiCBrl oolso y .Edda � u i *fie 0 deans St E•y�+ _STunmysideMauna t Iwo State Hwy 3!1 F St. Croix Crossing Half Marathon Race Start Times All Distances Start at 7:00 a.m. Ad Stabi*41: Ciatorade & wato,r (portable resirooms along the Wui"e but not dt acid sta4Um) 0 Mile Mark Arrdersm SaSut Cann ■ AndertwTk 13cout Hwy E State Hwy 35 Big Gis 980 Roafflwu�* Sr. LTaix NOW of GCO8 tavant C'altt�' Emanuef aurcli r"} x A ■roL, of St Joseprr 7owrr Hatt rw� N ]25th Ave Page 40 of 75 Proclamation 55th .AXXUAL PROFESSIONAL MU-WYCIPAL CLERICS WEER May 5 - 11, 2024 -Whereas, The Office of the Professional Municipal Clerk, a time honored andvital part of localgovernment exists throughout the works and 'Whereas, The Office of the Professional Municipal Clerk is the oldest among public servants, and 'Whereas, The Office of the Professional -Municipal Clerk provides the professional link between the citizens, the localgoverning bodies and agencies of government at other levels, and `Whereas, Professional Municipal Clerks have pledged to be ever mindful of their neutrality andimpartiality, rendering equalservice to all. `Whereas, The ProfessionaC-Municipal Clerk serves as the information center on functions of localgovernment and community. 'Whereas, Professional Municipal Clerks continually strive to improve the administration of the affairs of the Office of the Professional Municipal Clerk through participation in education programs, seminars, workshops and the annual meetings of their state, provincial, county and internationalprofessional organizations. -Whereas, It is most appropriate that we recognize the accomplishments of the Office of the Professional-'A4unicipal Clerk. X w,'Pherefcre, I, Mary -'McComber, Mayor of Oak Park Heights, do recognize the week of flay 5 through ii, 2024, as Professional -Municipal Clerks 'Week, andfurther extendappreciation to our Professional -Municipal Clerk, Jennifer Pinski and to all Professional-'A4unicipal Clerks for the vital services they perform and their exemplary dedication to the communities they represent. Dated this 23rd -day of, 2024 'Mayor ---------------------------- Attest:----------- THIS PAGE INTENTIONALLY LEFT BLANK Page 42 of 75 a� Oak Park,%._ G Date: April 23, 2024 Consent TO: Mayor and City Council FROM: Steve Hansen, Chief of Police AGENDA ITEM: Approve Officer Brian Zwach and Officer Lindsey Paradise to Sergeant Positions effective May 1, 2024 BACKGROUND: The police department recently conducted a promotional process for two sergeant positions. One position is to fill the vacancy of retired Sgt. Croft and the second sergeant position was an add-on spot to support administration along with overseeing the investigation unit. We had a total of three candidates that completed the process. This process included a large interview panel consisting of Councilmember Runk, Mayor McComber, Robbinsdale Police Chief, MN State Patrol Captain, Cottage Grove Deputy Director of Public Safety, Administrator Rife, and myself. Candidates also had to perform a written and verbal exercise involving public information announcement or media interview. The process was then completed by a leadership assessment conducted by Martin McAllister Psychologists Inc. for all three candidates. The results of this process determined the following candidates ranking: 1. Officer Brian Zwach 2. Officer Lindsey Paradise 3. Officer Kaylyn Fahrendorff I am recommending to move forward with the promotion of Officers Brian Zwach and Lindsey Paradise to be effective May 1, 2024 with a one year of probationary status for each at the 100% compensation level per the current MNPEA supervisor's contract. FINANCIAL IMPACT: • DOES ACTION REQUIRE EXPENDITURE OF FUNDS? Yes • IF YES, TOTAL COST: $132,493 • BUDGET LINE ITEM: 101-41510-101 BUDGETAMOUNT: $1,354,500 • WITHIN BUDGET? Yes ACTION REQUESTED: Approval for both Officers Brian Zwach and Lindsey Paradise to the rank/position of Sergeant May 1, 2024. Page 43 of 75 THIS PAGE INTENTIONALLY LEFT BLANK Page 44 of 75 a� Oak Park,%._ G TO: Mayor and City Council FROM: Mayor Mary McComber AGENDA ITEM: Approve Participation in No Mow May for 2024 Date: April 23, 2024 Consent BACKGROUND: The City of Oak Park Heights took action in 2023 to participate in the No Mow May movement, and several communities have approved participation in 2024. No Mow May/Slow Mow May has been hugely popular for a number of reasons: • Immediate positive environmental impact Reduces mower emissions, and less water is required for longer grass Reduces noise pollution, promoting bird reproduction Brings significant public interest to pollinator health than any other attempts Helps provide food for pollinators after hibernation • Requires minimal city effort with big impact It's completely OPTIONAL and customizable for residents - Residents can choose to mow (or not) throughout the program period Positive PR for cities regarding environmental policy Popularity of the programs has grown significantly and many residents throughout the state want to participate Ignites residents' interest in adding native pollinator plants to their yards • Supported by countless environmental organizations MN Department of Natural Resources (DNR) British Environmental Group Nature Conservancy of Canada Bee City USA Xerces Society for Invertebrate Conservation Great River Greening FINANCIAL IMPACT: • DOES ACTION REQUIRE EXPENDITURE OF FUNDS? No ACTION REQUESTED: Approve Participation in No Mow May for 2024 ATTACHMENTS: None Page 45 of 75 THIS PAGE INTENTIONALLY LEFT BLANK Page 46 of 75 pskP d Date: 4/23/2024 Consent TO: Mayor and City Council FROM: Andy Kegley, Public Works Director AGENDA ITEM: Approve Installation of Swings at Oak Park Crossing Park BACKGROUND: The Park Commission requested staff put a project together to install swings at Oak Park Crossing Park. At their April 15, 2024 meeting, the Park Commissioners unanimously recommended Council accept St. Croix Recreation's quote to install a four seat swing set with the accompanying safety fall zone abutting the east side of the playground. Total Quote St. Croix Rec $18,503.28 Flagship Rec $19,412.92 Installing swings at OPCP is included in the City's current CIP, however the project was not funded through the usual transfers from the general tax levy. Fortunately, there remains about $90,000 in the Moelter Site Redevelopment fund (Money donated by Xcel Energy to improve the park). Adding swings to the playground area at Oak Park Crossing park is a proper use of the Molter site redevelopment money. If the Council is keen to installing swings at Oak Park Crossing Park, I recommend awarding the project to St. Croix Recreation as they provided the lowest cost proposal. FINANCIAL IMPACT: • DOES ACTION REQUIRE EXPENDITURE OF FUNDS? YES • IF YES, TOTAL COST: $18,503.28 • BUDGET LINE ITEM: Moelter Redevelopment Fund BUDGET AMOUNT: $90,000 • WITHIN BUDGET? YES ACTION REQUESTED: Accept the proposal from St. Croix Recreation to install swings at Oak Park Crossing Park. ATTACHMENTS: Memo to Park Commission with attached quotes. Page 47 of 75 14168 Oak Park Blvd N.* Oak Park I160ils. NIN 55082 • Phom: (6i 1) 439-4439 • I --ax -139-0574 Memorandum To: Park Commission From: Andrew Kegley, Public Works Director Date: 04/12/2024 Re: Oak Park Crossing Swing Quotes Attached are two quotes to install a four seat swing set to the existing playground area at Oak Park Crossing Park. The project generally consists of: • Purchasing a four seat swing set matching the existing playground colors • Construction of a swing landing/fall protection zone with plastic borders • Mulching the swing safety zone with ADA compliant mulch Total Quote St. Croix Recreation $18,503.28 Flagship Recreation $19,412.92 This project is included in the City's current CIP, however it was not funded through the general tax levy. Fortunately, there remains about $90,000 in the Moelter Site Redevelopment fund, which was donated by Xcel Energy for developing Oak Park Crossing Park and the adjacent parks. Since funds are limited and will not be replenished, f recommend awarding the project to St. Croix Recreation, the contractor with the lowest quote. Page 48 of 75 St. Croix Recreation Fun Playgrounds INC. 1826 Tower Dr W Stillwater, MN 55082 US 16514301247 hannall@stcroixrec.com Estimate ADDRESS City of Oak Park Heights Finance@cityofoakparkheights. corn & cc Idanielson@cityofoakparkheigh ts.com Accounts Payable 14168 Oak Park Blvd Oak Park Heights, MN 55082 SHIP TO Crossing Park Oak Park Heights, MN 55082 tiJ. U 0/X RECREATION ESTIMATE # 6951 DATE 04/11/2024 PLEASE DETACH TOP PORTION AND RETURN WITH YOUR PAYMENT ACTIVITY QTY RATE AMOUNT BCI 550-0201 1 1,553.00 1,553.00T SINGLE BAY SINGLE POST 5" SWING W/BELT SEATS SCI 550-0202 1 1,293.00 1,293.00T Single Post Swing Add -On 5" OD BCI 550-0099 2 221.00 442.00T TOT SEAT, 7'& 8' SINGLE, STD CHAIN BCI 550-0111 2 123.00 246.00T BELT SEAT, 8' SINGLE, STD CHAIN BCI 046-0053 19 87.00 1,653.00T Eft STONEBORDER/2 DRIVE PINS BCI 046-0055 2 78.00 156.00T END CAP DISCOUNT 5,343 -0.04 -213.72T DISCOUNT Freight 1 1,300.00 1.300.00T INSTALL 1 5,000.00 5.000.00 INSTALLATION OF EQUIPMENT RESILIENT 130 50.00 6,500.00T RESILIENT SURFACING ENGINEERED WOOD 1,400 sgft at 12" 70 Cubic Yards 2,820 sqft at 5" 60 Cubic Yards GEO-TEXTILE 1,400 0.41 574.00T GEO-TEXTILE SURFACE COVER MATERIAL ITEMS AS QUOTED ARE GOOD FOR 30 DAYS. FREIGHT SUBTOTAL 18,503.28 QUOTES ARE GOOD FOR 15 DUE TO FUEL UNCERTAINTIES. TAX (0%) 0.00 By signing estimate or authorizing by email or PO, purchaser is agreeing to billing terms as listed on the estimate. Order to include model number(s), quantity and color(s) above including any supplemental documents provided and/or requested. Please verify all content for accuracy. "Those purchasing off of the MN State Contract are bound only by the terms and conditions listed in said contract" Page 49 of 75 SALES TAX SUBJECT TO CHANGE. ADD IF NOT TAX EXEMPT OR TOTAL $18,503.28 SUPPLY EXEMPTION OERTIFICATE IF NOT ON FILE. PAYMENT TERMS ARE NET SD DAYS UNLESS OTHERWISE NOTED. FAILURE TO PAY IN A TIMELY MANNER WILL BE SUBJECT TO INTEREST AT A RATE OF 1.6%IMONTH OR 18% ANNUALLY. 'LEAD TIMES AND SHIPPING DATES ARE BASED ON CURRENT INVENTORY. PLEASE BE PATIENT AS OUR VENDORS NAVIGATE SUPPLY CHAINS & NATIONAL SHORTAGES. "FOR BIDDING CONTRACTORS & SUPPLIERS: ST CROIX RECREATION IS NOT LIABLE FOR INTERPRETATION OF PROJECT BIDS, DRAWINGS OR ADDENDA IT IS THE CUSTOMER'S RESPONSIBILITY TO VERIFY ACCURACY OF MODEL NUMBER($), DESCRIPTION(S), QUANT17Y AND COLOR(S) DIRECTLY WITH END USER Accepted By Accepted Date By signing estimate or authorWng by email or PO. purchaser is agreeing to billing terms as listed on the estimate. Order to Include model number(s), quantity and color(s) above Including any supplemental documents provided andfor requested. Please verily all content for accuracy. "Those purchasing oft of the MN State Contract are bound only by the terms and conditions listed In said contract" Page 50 of 75 City of Oak Park Weights Oak Park Crossing Park Proposal # Oak Park Crossing Park Swings November 20, 2023 Presented by sTV IL d - I ii P, I Page 51 of 75 Burke,, November 20, 2023 Andy Kegley City of Oak Park Heights 14168 Oak Park Blvd N Oak Park Heights, MN 55082 Dear Andy Kegley: is delighted to provide City of Oak Park Heights with this playground equipment proposal. This design was developed with your specific needs in mind, and we look forward to discussing this project further with you to ensure your complete satisfaction. is confident that this proposal will satisfy City of Oak Park Heights's functional, environmental, and safety requirements -- and most importantly bring joy and excitement to the children and families directly benefiting from your new playground. You have our personal commitment to support this project and your organization in every manner possible, and we look forward to continue developing a long-standing relationship with City of Oak Park Heights. We appreciate your consideration and value this opportunity to earn your business. Sincerely, Page 52 of 75 Deslan Summary is very pleased to present this Proposal for consideration for the Oak Park Crossing Park located In Oak Park Heights. BCI Burke Company, LLC has been providing recreational playground equipment for over 90 years and has developed the right mix of world-class capabilities to meet the initial and continuing needs of City of Oak Park Heights. We believe our proposal will meet or exceed your project's requirements and will deliver the greatest value to you. The following is a summary of some of the key elements of our Proposal: • Project Name: • Project Number: • User Capacity: • Age Groups: • Dimensions: • Designer Name: Oak Park Crossing Park Oak Park Crossing Park Swings 4 Ages 5-12 years 32'0"x34'10" has developed a custom playground configuration based on the requirements as they have been presented for the Oak Park Crossing Park playground project. Our custom design will provide a safe and affordable playground environment that is aesthetically pleasing, full of fun for all users and uniquely satisfies your specific requirements. In addition, proposal # Oak Park Crossing Park Swings has been designed with a focus on safety, and is fully compliant with ASTM F1487 and CPSC playground safety standards. We Invite you to review this proposal for the Oak Park Crossing Park playground project and to contact us with any questions that you may have. Thank you in advance for giving us the opportunity to make this project a success. Page 53 of 75 in cn a h N Lu Q zV) O U7 yjj—y ONLu �. o U)Q T J O O d5 ��M ...�0 41r i -E o_�en5 H LL LL � w ❑ z h- © �y �. a Q® n c r ~ L o L 5 m E e+ �Q We� FF Q a r� nav c W Qchi [n a d W W _ w G �60 S, c`no$`�E�i Ern - 2U. (� F- U7 N F- M LL! l� ��o� Q `. S$�[ $C g3:CJTS�.- rl~� Q� q y '8 0Y Q Z O (,r .m- (_7 O J F UI e+ S F E f� p C y.3 0 Y 6 u C72 LL w D t' M= m> N+ 4.. LZ QUA 1 9L o- ar -oc s z��� a F -U `�1 u7 Y M i �, —Y1 `� m 80� 9a -M 0 L7 F U '6 N t[7 ".'� `!r _ o 3fl� R a E E 2 E-0 a 0 p3+7 BurKe SERIES: Basics SITE PLAN DRAWN BY: ,ZE -, November 2D, 2023 Oak Park Crossing Park 15125 60th St N Oak Park Crossing Park Swings Oak Park Heights, MN 55082 BC Burke Company, LLC PO Box 519 Fond du Lac, Wisconsin 5.1936.0549 retephone 920-921-9220 --- Page 54 of 75 Eh irk November 20, 2023 SERIES: Basics Oak Park Crossing Park COMPONENT PLAN 15125 60th St N Oak Park Crossing Park Swings j DRAWN BY: Oak Park Heights, MN 55082 i BCI Burke Company, LLC PO Box 549 Fond du Lac. Wisconsin 54936-0549 Telephone 920921-9220 Page 55 of 75 Burke SERIES: Basics ELEVATION PLAN DRAWN BY: ,tr,8 y, 4310H xeW IleJanO ,8 ;y6raH Ile- xeW W19V Oak Park Crossing Park 15125 60th St N Oak Park Heights, MN 55082 November 20, 2023 Oak Park Crossing Park Swings BCf Rorke Company, LLC PO Box 549 Fond du Lao, Wlsconsm 54936.0549 Telephone 924-921-9220 Page 56 of 75 BurNovember 20, 2023 SERIES: Basics Oak Park Crossing Park ISOMETRIC PLAN 15125 601h St N Oak Park Crossing Park Swings DRAWN BY: Oak Park Heights, MN 55082 BOC Burke Company, LLC PO Box 549 Fond du Lac, Wisconsin 54936-0549 Telephone 920-921-9220 Page 57 of 75 Page 59 of 75 Page 60 of 75 IiI!li!ii�llillli�illii�Ilj���ll r I r c I s r A W p 4 � � E � e o a C m I U a g — N y Y 9 n V B T I m 4 4 E n 3 c a o` aio�� f41 L c s L O 3 Ny 2 1 M Al I w Q I i w N N c LL Q m 6 6 c' K W H N a o�M I I �a o�o`a JIJ n G o n G li im "Xp I I 0 d D O M Ln � •gy9p= L Z n U R q a O n y y �0bO Ci P N S S S S n S O M 6^1 p O 0 0 0 m m S 4 a Cl m Qj m m ci°o eti rid v, o� c cccP o 0 O fG. O 00 G. v d m a u Q d 4 p M MI v F- W a mo CL c L- 0 °� 3 o U Q e j er 3 e NM W. 3 v a a W Y Z a E y a .- "? c F i iS O, 'aO ur 'suu°Q �u 'a0 Page 60 of 75 E e±„ P w CL rj 0 1 Ram i P w p c *r.a CL rj 0 1 Ram i ,i r "• 4 • ` IA :a 0 _ w r f Q stiff ,� +f � 0 'tr rfi n i� ` IA :a 0 _ f Q � 0 O Ji . _ w ,a 77 CS 0 0 06 !V 2 u C Page 64 of 75 �� =Zrr rn o OO t p m U g i9 �gg� si NW'S1H'9I3H NWd HVO 'N'1S H109 SZISI ��, F z % v unE^gd Y �nROJ O s� in cLn l NOIldO IC v < ° r pl� CLc H,iuegA a 10 N011laaV 9NIMS "'CCA c "' = ^ 51L 3N1SS080 Na`dd N`d0 � M 3 U. 5 � his Page 65 of 75 % v Y f• • 9 Y t his Page 65 of 75 THIS PAGE INTENTIONALLY LEFT BLANK Page 66 of 75 0, Oak Paz* 40 - G Date: April 23, 2024 Consent TO: Mayor and City Council FROM: Lisa Danielson, City Arborist AGENDA ITEM: Approve Grant Agreement for the MN DNR Shade Tree Program Bonding Grant Award BACKGROUND: On July 31, 2023 the MN DNR posted a grant opportunity relating to removal and replacement of shade trees on public land. Priority was given to projects removing and replacing ash trees that pose significant public safety concerns. The DNR had $10,063,000 available in bond dollars ($8,400,000 in general obligation bonding and $1,663,000 general fund bonding) to fund projects managing forest pest and disease through community forestry activities on public lands. For this grant application matching funds were not required and submitting a match with the application was not recommended. We submitted an application for the grant in September 2023 and we have been awarded the funds requested in the amount of $94,228.25. With this grant funding the City will be able to remove 53 ash trees and replace 57 trees along City boulevard right-of-ways and within City parks as part of this project. The project will start in 2024 and end December 3I st 2027. Replacement trees will be selected to increase diversity in the City's tree canopy to work toward the 20-10-5 guideline which means a community has no more than 20% of their trees within a single family, no more than 10% of their trees within a single genus and no more of 5% of their trees within a single species. Newly planted trees will also follow a 3 -year maintenance plan. This grant funding relates to the City's EAB plan since it covers the planned EAB Management Tactics that were included in the 5 -Year EAB Plan. Planned management tactics include removal of poor -quality ash trees, removal of City owned ash trees demonstrated to be infested with EAB and planting of replacement trees. Although, the requested grant funding will not cover the entire cost of mitigation and management of EAB in OPH, it will help provide a significant increase in the funds we have available for use within our current budget to continue managing and eradicating EAB in OPH. FINANCIAL IMPACT: • DOES ACTION REQUIRE EXPENDITURE OF FUNDS? NO ACTION REQUESTED: Approval of the Grant Agreement for the MN DNR Shade Tree Program Bonding Grant Award ATTACHMENTS: 1. 2023 Request for Applications for MN DNR Shade Tree Program Bonding Grants Page 67 of 75 MI DEPARTMENT OF NATURAL RESOURCES Shade Tree Program Bonding Grants 2023 Request for Applications In accordance with the Americans with Disabilities Act, this information is available in alternative forms of communication upon request by calling 651-259-5274. TTY users can call the Minnesota Relay Service at 711. Minnesota DNR is an equal opportunity employer and provider. Page 68 of 75 -444 DEPARTMENT O F 2023 Shade Tree Program NATURAL RESOURCES Bonding Grants Grant Overview The Minnesota Department of Natural Resources welcomes applications from local units of government and tribal governments within Minnesota that use strategic actions to replace trees lost to forest pests, disease, or storm; or to establish a more diverse community forest better able to withstand disease and forest pests. Eligible Activities Removal and replanting of shade trees on public or tribal land to provide environmental benefits Replacement of trees on public or tribal land lost to forest pests, disease, or storm Tree planting on public or tribal land to establish a more diverse community forest better able to withstand disease and forest pests Any tree planted with this grant must be a climate -adapted species to Minnesota. Eligible Applicants The following local units of government within Minnesota are eligible to apply: cities, counties, townships, and park and recreation boards in cities of the first class. Tribal governments are also eligible to apply. Priority points will be awarded to projects that serve communities with populations less than 20,000. Priority will be given to: • Projects removing and replacing ash trees that pose significant public safety concerns • Projects that benefit underserved populations and areas of concern for environmental justice Funding The DNR has a total of $10,063,000 available in bond dollars ($8,400,000 in general obligation bonding and $1,663,000 general fund bonding) to fund projects managing forest pest and disease through community forestry activities on public or tribal lands. No minimum dollar amount is required. The maximum amount that will be funded is $500,000. Funding will be allocated through a competitive grant process with review by a committee representing content and community specialists with regional knowledge. DNR expects to contact selected grantees by November 6, 2023. If selected, grantees may only incur eligible expenditures after the grant contract is fully executed and the grant has reached its effective date. Match Requirements and Explanation No matching funds are required and submitting match as part of your application is not recommended. If match is provided, it cannot come from other grants or monies from the State of Minnesota. There are two kinds of match funding, cash match and in-kind match. A cash match is a direct project expense provided by a grantee as a contribution to the project; i.e., cash expenditures for costs related to the specific project. This can include project -related staff salaries if they are dedicated to the project, consultant's fees or contractor expenses, equipment rentals and travel costs. In-kind match funds are materials and services, salaries and wages (including fringe benefits) being used that are not project - dedicated, space or utilities, equipment and/or technical assistance provided by the grantee or donated by a third party specifically for the project. Page 2 of 8 August 2023 Page 69 of 75 -400 DEPARTMENT OF 2023 Shade Tree Program NATURAL RESOURCES Bonding Grants All contributions, whether cash or in-kind, will be accepted as the grantee's matching funds when those contributions meet the following criteria: 1. Are verifiable from the grantee's records; 2. Are not included as matching contributions for any other project, contract or program; 3. Are necessary and reasonable for accomplishing grant objectives; and 4. Are incurred and contributed within the grant period (not before the contract is fully executed, or after the grant timeline ends). Minimum Requirements Applicants must meet the minimum requirements to be considered for this grant opportunity. Minimum requirements are: • Showing the ability to implement the project, meet all grant objectives, and submit a final report by December 31, 2027. • Showing an understanding of and ability to follow all bond fund requirements including: the submission of certifications and declarations on land where work takes place; and contractual obligation for all contractors to meet prevailing wage. Planting requirements: o Planting trees can take place without removal. o Removals conducted on streets and manicured parks must meet a minimum of one tree planted for each tree removed. o Removals conducted in park woodlands must incorporate replanting at a meaningful rate. Removals need to be considered a necessary component of replanting. Removals in woodlands need to be mitigating a public safety concern or to address degraded ecosystems. Removals must meet a minimum of one tree planted for five trees removed. Providing photo documentation of the project's progress at appropriate phases, and illustrations, diagrams, charts, graphs, and maps to show results. All trees removed and planted must be mapped and submitted. Publicly post and promote grant project information and purpose. Complying with all Federal and State laws and regulations related to the completion of projects as stated in the grant agreement. Additional Criteria Tree planting projects must follow standards set in A Pocket Guide to PlantingTrees Tree planting projects must identify tree species; site location; and number, size, and type of planting stock o Species list must increase the diversity of the community's tree canopy to work toward the 20-10-5 guidelines, meaning a community has no more than 20% of their trees within a single family, no more than 10% of their trees within a single genus, and no more than 5% of their trees within a single species. If your community does not have a completed tree survey, contact the DNR at ucf.dnr@state.mn.u_s to receive your community's 2010 tree survey. o Species list for trees to be planted needs to be submitted and approved by DNR prior to planting, and must be limited to climate -adapted species to Minnesota. o Tree planting projects must include a 3 -year maintenance plan. a Tree stock can be 3%-2 inch caliper bareroot, or a container class size #20, or smaller. DNR recommends trees be purchased with a one-year warranty. Page 3 of 8 August 2023 Page 70 of 75 ��DEPARTMENT O F 2023 Shade Tree Program NATURAL R ESOU RCES Bonding Grants Priority Projects Ensuring fairness, precision, equity, and consistency in competitive grant awards is a policy of state of Minnesota. This includes implementing diversity and inclusion in grant making. The Policy on Rating Criteria for Competitive Grant Review establishes the expectation that grant programs intentionally identify how the grant serves diverse populations, especially populations experiencing inequities, disparities, or both. Priority will also be given to communities who have staff, plan to certify their staff during the grant period, or will contract with companies with staff with professional tree care credentials such as Minnesota Tree Inspector, International Society of Arboriculture Certified Arborist, etc. Any such credentials must be listed on the application to be considered. Projects that clearly benefit environmental justice priority populations and areas of concern for environmental justice (communities with higher populations of low-income residents, or people of color, including tribal communities, or both) will be rated higher. Please reference the Minnesota Pollution Control Agency's interactive environmental justice maip for more information. Applicants should describe how the proposed project activities benefit these communities. Eligible Project Expenses Eligible project expenses are those incurred through project activities that are directly related and necessary to produce the outcomes described in the project application. Grant funds can be used for, but will not be limited to: • Professional contracts for technical assistance or project implementation by individuals or organizations not a part of the local government unit • Site preparation and planting, including mulch, watering bags, staking materials, and tree wrap or guards • Equipment purchases less than $5,000 that are used to complete the project • Purchasing of trees for diversity ineligible Project Expenses Ineligible project expenses include, but are not limited to: • Costs incurred prior to the start date on the fully executed grant agreement • Staff time for local government unit employees • Purchase of trees listed on the Minnesota Noxious Weed List, or the DNR's Invasive Terrestrial Plants list, including Amur cork tree, Amur maple, autumn olive, black locust, buckthorn, Norway maple, Russian olive, Siberian elm, and tree of heaven • Purchase of balled and burlapped trees, containerized trees larger than #20, and bareroot trees greater than 2" caliper diameter • Purchase of tree species that already make up 10% or more of the community's public trees, or whose family makes up 20% or more of the public trees • Purchase of chemicals for insecticide treatment • Gravel bed construction • Materials and staff time used to educate, engage, and conduct outreach to citizens • Purchasing of plants such as shrubs, living ground covers, sod, grass seed, and flowers • Purchasing of land or easements • Major soil and grade changes or construction • Capital expenditures (items with a unit cost of $5,000 or more), such as buildings, motor vehicles, or other permanent structures • Experimental practices not approved by DNR Page 4 of 8 August 2023 Page 71 of 75 -000 DEPARTMENT O F 2023 Shade Tree Program 1111 NATURAL RESOURCES Bonding Grants Questions about additional eligible or ineligible expenses can be direct to ucf.dnr@state.mn.us. Application Instructions When filling out the application, ensure all sections are completed and the application is submitted before the deadline. Pay close attention to requested information and respond to all questions. If funded, answers will be incorporated into the grant work plan; therefore, make sure enough information is provided, especially in the timeline and budget sections, to serve as a complete work plan. Clearly demonstrate how the application connects to eligible activities. A complete application will consist of the following documents: 1. Application form (PDF, format unchanged) 2. Budget (Excel, format unchanged) 3. 3 -Year Tree Maintenance Plan for newly -planted trees (PDF, format unchanged) 4. Species and Stock List from which trees will be planted (must be climate -adapted species to Minnesota; contact ucf,dnr@state.mn.us with questions about species eligibility) Application Submission Instructions After reading through the Request for Applications, complete all parts of the application found online. Grant applicants are required to submit applications by email to ucf.dnr@state.mn.us. Applications must be received electronically by October 2, 2023 to be considered eligible for funding. DNR is not responsible for any technical or logistical problems causing an application to be received late. The applicant is responsible for ensuring their submission is received by DNR by the deadline; applications received after the deadline will not be eligible for consideration. All applicants will be notified by Monday, November 6, 2023, whether or not their project is to be funded. Review Process and Timeline A UCF Grants Steering Committee, made up of Department of Natural Resources Forestry staff and select stakeholders, will recommend projects and award amounts. The steering committee will evaluate all eligible and complete applications received by the deadline. DNR will review all committee recommendations and is responsible for final award decisions. The award decisions of DNR are final and not subject to appeal. RFAposted on the DNR website...............................................................................July 31, 2023 Application Questions due........................................................................................ September 22, 2023 Applicationsdue....................................................................................................... October 2, 2023 Application Grant Review Process............................................................................ five weeks Project Selection; Grant Agreement Negotiations Begin .......................................... November 6, 2023 Work Plans Approved, Contracts Executed, Grant Work Begins ............................. February 2, 2024 Questions: Submit questions to ucf.dnr@state.mn.us. Questions must be submitted no later than September 22, 2023. Answers will be posted weekly online. Data Privacy and Trade Secret Notice The information provided by an applicant will be used to assess the applicant's eligibility to receive a Shade Tree Program Bonding Grant. The decision to apply for this grant is voluntary, and applicants are not legally required to provide any of the requested information. Applicants may decline to complete this application without any legal consequence. However, only completed applications will be considered for a grant; incomplete applications will not be considered. Page 5 of 8 August 2023 Page 72 of 75 DEPARTMENT O F 2023 Shade Tree Program NATURAL RESOURCES Bonding Grants Applications are private or nonpublic until opened. Once the applications are opened, the name and address of the applicant and the amount requested is public. All other data in an application is private or nonpublic data until all agreements are fully executed. After DNR has completed the evaluation process, all remaining data in the applications is public with the exception of trade secret data as defined and classified in Minn. Stat. § 13.37. A statement by a grantee that the application is copyrighted or otherwise protected does not prevent public access to the application (Minn. Stat. § 13,599, subd. 3). Liability and Project Implementation DNR will not be held liable for any costs incurred by any firm for work performed in the preparation and production of a proposal, nor for any work performed prior to the execution of the contract. Project work and expenses that are eligible for reimbursement with grant funds CANNOT be started or incurred until the grant contract is fully executed. Grant agreements are expected to be finalized by February 2, 2024. Related grant project work can begin after all signatures are obtained. Interim reports and final reports will be required for all grant -funded projects. Minnesota Department of Agriculture considers May 1— September 30 to be the flight season for EAB. This means that EAB adult beetles are emerging from infested wood or trees and flying in search of new hosts during this time. The best management practice is to not remove ash trees when EAB are actively flying (May -September), to avoid the risk of EAB emerging from this material in transit or at a processing location. Emerald ash borer (EAB) infestations are difficult to identify in the early stages of the infestation. Emerald ash borer infestation areas grow via human -assisted movement and through natural dispersion. For these reasons, when new emerald ash borer infestations are discovered, quarantines are enacted on a large scale (county) with the assumption that the infestation is spread beyond what is observed. However, while the quarantine necessarily covers a large area where emerald ash borer may be present, the distribution of emerald ash borer is likely not uniform throughout the quarantine and may be in areas outside these boundaries. These guidelines ideally should be followed 100 percent of the time when working with ash trees throughout the state of Minnesota. However, once a community is heavily infested with EAB (the point at which EAB -infested ash are so numerous that year-round removal of hazardous trees is necessary to mitigate risk to public), conducting ash tree removals during the emerald ash borer flight season may be necessary to avoid risk to public safety and property. Following these guidelines will provide the lowest degree of risk for movement of emerald ash borer. Reimbursement All funds will be awarded on a reimbursement basis. Up to 90% is reimbursed each reimbursement period, with the final 10% retained until the project is completed. The Reimbursement Request Form and required reports must be received by: July 1, 2024; January 1, 2025; July 1, 2025; January 1, 2026; July 1, 2026; January 1, 2027; June 30, 2027. Projects must be completed by December 31, 2027 and final grant reports must be submitted, by January 15, 2028. Tracking Bond Financed Property This grant requires a declaration be recorded against real estate that is purchased or improved with state bond proceeds. The recorded declaration proclaims a property as "Restricted Property," which states that the property is subject to the grant agreement and prevents the property from being sold, mortgaged, encumbered, or otherwise disposed of without the approval of the Commissioner of Minnesota Management and Budget for 125% of the useful life ofthe Restricted Property. • When trees are planted in parks or public -owned properties, a General Obligation Bond Financed Property Declaration or General Fund Bond Financed Property Declaration must be Page 6 of 8 August 2023 Page 73 of 75 DEPARTMENT OF 2023 Shade Tree Program NATURAL RESOURCES Bonding Grants recorded on the legal description withthe County Recorder. • When trees are planted in tribal lands, a General Fund Financed Property Declaration will need to be recorded in the real estate records at the Bureau of Indian Affairs. The useful life for this grant is 30 years, meaning 125% of the useful life of any Restricted Property is 37.5 years. If the grant project involves more than one park or public -owned property, one declaration can be recorded with multiple legal descriptions (this means you only pay one filing fee). Consider recording the declaration after trees have been planted in parks or on public -owned properties, instead of beforehand, since removing a declaration from a legal description requires a written release from the commissioners of Management and Budget and Department of Natural Resources. For projects or portions of projects that lie within roads, highways or utility or transit corridors, easements or rights-of-way, a declaration waiver request may be submitted and if approved by Minnesota Management and Budget, a certification may be used in lieu of a Declaration, in which the grantee acknowledges that the property purchased and/or improved is still state bond financed property and thus subject to certain statutory requirements will suffice in lieu of a declaration. Certifications and Declarations must be filed with the appropriate authority (i.e., County Recorder or Bureau of Indian Affairs) before requesting reimbursement from DNR. Any declaration waiver requests must be approved by Minnesota Management and Budget prior to DNR staff approving reimbursement. Project Completion All project work must be completed by December 31, 2027 and final grant reports must be submitted, by January 15, 2028. Other Considerations All proposals submitted in response to this RFA become the property of the DNR. DNR reserves a royalty -free, nonexclusive, and irrevocable license to reproduce, publish, otherwise use, and to authorize others to use materials produced under this grant agreement. DNR also reserves the right to: • Post funded proposals and reports, including images and maps, to the DNR website • Reject any or all proposals received • Waive or modify minor irregularities in proposals received after prior notification and agreement of applicant • Use any or all ideas submitted unless those ideas are covered by legal patent or proprietary rights • Clarify the scope of this program, within the RFA requirements and with appropriate notice to potential applicants, to best serve the interests of the state of Minnesota • Amend program specifications after their release, with appropriate notice to potential applicants • Require a good faith effort on the part of the grantee to work with DNR subsequent to project completion to develop or implement project results • Withhold any payments when contract conditions are not met Page 7 of 8 August 2023 Page 74 of 75 ��DEPARTMENT OF NATURAL RESOURCES Exhibit A: Application evaluation score sheet 2023 Shade Tree Program Bonding Grants Selection Criteria and Weight The steering committee will be reviewing each eligible application on a 100 -point scale. Scores will be used to develop final recommendations. Applicants are encouraged to score their own applications using the evaluation score sheet before submitting the application. While not required, this step may help applicants meet the criteria that grant reviewers will be scoring. Applications to the Shade Tree Program Bonding Grants will be evaluated and ranked according to the following criteria: 1. Project serves community (or communities) with population less than 20,000 5 2. Project Overview and Deed • Application is clear and complete • Community has a readiness to take on a project of the proposed scope and size 20 • Project focuses on significant public safety concerns 2. Project Timeline • Timeline provides specific dates for all activities • Timeline is easy to read and comprehend 15 • Timeline follows best management practice of for all pest and disease management including not removing ash trees when EAB are actively flying 3. Project Budget and Budget Explanation • Budget explanation provides specific dollar amounts for anticipated use 20 • Budget totals equal amount requested • Financially realistic and cost effective 4. Project Impacts on Priority Populations • Planning and collaboration clearly serves and includes areas of concern for environmental justice (communities with higher populations of low-income residents, people of color, including tribal communities, or both) 20 • Applicant demonstrates actionable items for these communities (examples include program focal areas, outreach offered in multiple languages, added inclusion), impacts on diverse populations are clear and tangible 5. Communications • Communication strategies directly related to project accomplishments, activities, 10 or both, and multiple forms of communication are listed with potential to reach the public 6. Key Personnel • All certifications and education degrees are listed for staff or contractors • A high scoring community will have staff or contractors with a degree in a related 10 field, or a combination/multiple staff with ISA Certified Arborist, TCIA accreditations, or both Total 100 Page 8 of 8 August 2023 Page 75 of 75