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HomeMy WebLinkAbout01-12-10 Council Packet qry OIL (OAK PARIS HEIGHT'S TUESDAY, 3A UARY 12, 2010 CITY COUNCIL MEETING AGENDA 7800 P.M. 7:00 p.m. 1. Call to Order/Pledge of Allegiance /Approval of Agenda C sibn aced I inmy 7:05 p.m. 11. Department /Council Liaison Reports A. Planning Commission B. Parks Commission C. Cable Commission Do Water Management Organizations E. Other Liaison /Staff reports 7:10 p.m. ill. Visitors /Public Comment Recycling Award (1) "Phis 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.) 1:15 p.m. IV. Consent AgeLad (Roll Call Vote) A. Approve Bills & Investments B. Approve City Council Minutes .- December 22, 200E (2) C. Approve 2010 Cab Licenses for F.D.S. Enterprises dlb /a A Taxi /Stillwater Taxi ( 1). Adopt Resolution Designating the Stillwater Gazette as the City of Oak bark Heights' Official Newspaper (4) E. Approve Salary Adjustment for ENempt Employees (5) F. Award Contract to Mariah Remodeling --- Valley View Soffit and Fascia (6) G. Approve; Resolution Designating 2010 Checking and ]dank Depositories (7) 11. Adopt Resolution Granting the Application of White "fails Unlimited Metro Area Chapter to Conduct a One Dray Raffle at the VFW Club on March 20, 2010 (8) 1. Approve 2010 Professional Service Contract with Northwest Assoc. Consultants ( J. Adopt Resolution Approving Professional Consultants for the City of Oak Park Heights in 2010 (10) K. Kott Plumbing 2010 Home Occupation Permit Renewal (11) L.. Approve the Grant Award and Agreement with the MN Dept. of Agriculture for Emerald Asti Borer Planning and Preparedness (12) 7:20 p.m. V. Pubtie Hearimgs None 7:20 p.m. V1. Old Business A. City 1-fall Facility (no enclosure) B. Design Guidelines Update — Set Joint Worksession with Planning; Commission ( Pagel of 152 7:25 p.rn. VII. New Business A. Approve Appointments for 2010 (no enclosure) B. Authorization to Offer 24 -week Local Government Internship — 'fenap. Position ( C. Summer Park Programming — 2010 (15) D. FEMA --- Floodplain Map Updates --- NFIP Participation (16) E. Alcohol Compliance Failure — Grand Grille &. Pizzeria (17) T'. Tobacco Compliance Violation — Walgreens (18) G. Consider Grant Application — EECBG — MN Dept of Energy Security (19) 8:00 p.m. VX110 Adjournment Page 2 of 152 "T. Oak Park Heights Request for Council Action Meeting Date January 12, 2010 !Agenda Item Recyclinv Award Time Required 0 Agenda Placement Visitors /Public Comment Originating Department /Requestor Administration /Jennifer Pinski 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). Page 3 of 152 CITY OF ®AID PARIS HEIGI -ITS 1..111.Y1�i1 II.I ilulli 11.111u1111: ,1I L11.411ip11111I11111 1111111, li'li 1lil1 1Y4111.1.1YIYJ1i1111111X1111 IIII.11. 11, 11 ..11 ,1'111 1 ":...1111111dI........Yu..Y1l YI, Yl111111111. 111AIYe1N11..41n Y111..1 1Y........ 1Y 11 11111IIYu111111111111111I .1111.......IIIYIIIl.... x1 II,IIIY111.111II11Y111YL. 14168 Oak Park Boulevard No. ° P.0. Box 2007 ° Oak Pak fAei8hts, MN 55082 -2007 ° Phone: 651/439 -4439 ° Rw 651/439 -0574 January 7, 2010 Jennifer and Jed Cass 14439 Upper 56' Street North Oak Park Heights, MN 55082 Dear Mr. and Mrs. Cass: 3 i i 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, 2010, 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 at your convenience to arrange for delivery of the reward of your choice. On behalf of the Oak Park Heights City Council, thank you for participating in the City's recycling program. Congratulations! Jennifer Pinskl Administrative Secretary /Deputy Clerk i I E E i 1111 i m L 1111❑ I I I II I IIII ;111011 ,11 of I I I, i 1 111 111, d I I iI Ill Y I,.1 1, 1 1111 1 1 1114 1J1N II Ill n I,1YIll 11111, 11 hWA l l 111111 11 1 1 11 1 I Ill I IIII 1111l 11Ill, I111111111.I Ili 111❑ 1 ..,11111111 I I II II11111111111, 1,111111 W II III 4111Inl 1I' lla Ili- I,a1411Jalll J. x 1111 i61n111111111i1u 111. ❑.h lit m l x1111da lxu m 111 I'll li11 Tree City U .S.A. Page 4 of 152 { 1 4A Oak Park Heights Request for Council Action Meeting Date January 12, 2010 Agenda Item Approve City Council Minutes — December 22, 2009 Time Required 0 Agenda Placernent Consent Originating Department /Requester Administration /Jennifer I'inski Requester's Signature Action Requested Approve Background /Justification (Please indicate any previous action has been taken or if other public bodies have been advised). Page 5 of 152 CITY OF OAK PARK HEIGHTS 7 :00 P.M. TUESDAY, DECEMBER 22 2009 CITY COUNCIL MEETING MINUTES Io Call to Order/Pledge of A11caiance /An roval of Agenda. The meeting was called to order at 7:02 p.m. by Mayor Beaudet. Present: Councilmembers Abrahamson, McComber, Runk, and Swenson. Staff present: Administrator Johnson, City Attorney Vierling, City Engineer Long, City Planner Richards, and Finance Director flolst. Absent: None. Mayor Beaudet moved New Business Item F. to the Public I-Ie;aring section of the Agenda. Councilrnember MCComber, seconded by Councilmember Swenson moved to approve the Agenda as amended. Carried 5-0. Ilo Dcoartment /Council Liaison Re ggKts. A. Plannin , Commission: City Planner Richards reported that the text meeting ofthe Planning Commission was scheduled for January 14. He stated that no new applications had been received, and that the commission would be continuing discussion on design guidelines. B. Parks Commission. Councilinember McCombe;r reported that the next Darks Commission meeting was set for January 25 at 6:30 p.m. at City Hall. C. Cable Commission: Nothing to report. 1). Water Management 0manizations /Middle St. Croix: Mayor Beaudet reported that the next meeting of the Middle St. Croix Water Management Organization was set for January 14 at 7:00 p.rn. at the Washington Conservation District Office. E. Other LiaisordStaff Reports: None Ill. Visitors /Public Comment: Administrative Secretary Pinski reported that Martin and Louiw Benner of 6315 Peacan Avenue North were chosen as the recycling award winners. IV. Consent Agenda: A. Approve Bills & Investments B. Approve City Council Minutes . -.- December S, 2009 C. 2010 Home Occupation Permit Renewals Page 6 of 152 City Council Meeting Minutes December 22, 2009 Page 2 of 4 I). Award 'Winter Boulevard 'free pruning Bid to Rainbow Tree Care E. Approve 2010 Area Charge for Connection to Water, Sewer, and Storm Sewer Systems l'. City Mall I'acility — Award Asbestos Abatement Contract to I.,ow Bidder (Envirobate) G. "Transfer Brekke Park Memorial fund to Budgeted Projects Fund and ("lose Brekke Park Memorial Fund I -1. Approve "Tower Asphalt, Inc. Final Payment for 2009 Mill and Overlay Councilmember McComber, seconded by Councilmember Runk, moved to approve the Consent agenda. Roll call vote; taken. Carried 5 -0. V. Public Hearinj!se A. Xecl Eneray - -- Moelter FIv -Ash Site Close -Out Plan & Funding Commi till ent: "Dorn Smith, plant director for the A.S. Icing Plant, was present and stated he would like to answer any questions the council may have about the park dedication Resolution that was included in the packet for that evening's meeting. Chuck Donkers, Geologist for Xce:l laergy, provided a presentation on how Xcel Energy plans to develop the Moelter Fly -Ash Site upon closure. Councilmernber McComber, seconded by Councilrnernber Swenson, moved to adopt the Resolution. Roll call vote taken. Carried 5 -0. VL Old Business- A. C ray Hall Facilily..L] dale: City Administrator Johnson reported that the 1 request did not arrive for the light pole discussion. No action was taken. B. St. Croix River Crossing Proiect: Mayor Beaudet, seconded by Councilrnember Swenson, moved to appoint Councihnember McComber and Mayor Beaudet to the committee and to follow the recommendation of the Watershed Management Organization that they abide by the current rules. Carried 5 -0. V1111. New Business- A. 2010 Water and Sewer Rate Study: Finance Director I-Iolst recommended to the council that another tier be added to the water rates rather than raise rates, and that sewer rates be raised five percent in the base tier, teal percent in the second tier, and that a third tier be added. Page 7 of 152 City Council Meeting Minutes December 22, 2009 Page 3 of 4 Mayor Beaudet, seconded by Councili neraber Abrahamson, moved to approve the Resolution changing water and sewer rates for the City. Roll call vote taken. Carried 5 -0. B. City Code of Ordinances — Update CC] 02 Master Fee Schedule: Mayor Beaudet, seconded by Councilmember Swenson, moved to approve the Resolution. Roll call vote taken. Carried 5 -0. Mayor Beaudet, seconded by Councilmember Abrahamson, moved to reconsider the Resolution in enclosure 1 I . Carried 5 -0. Mayor Beaudet, seconded by Councilmember Swenson, moved to strike the Resolution in enclosure I 1 and stand with the Resolution provided prior to the council meeting. Roll call vote taken. Carried 5 -0. C. City Ball facility -- Furniture: City Administrator Johnson reported that the furniture committee recommended Innovative Office Solutions. lie stated that a contract was provided in the amount of $73,193.43. Johnson stated that staff could look into painting and reusing some cabinets from the existing City Hall, and the council could consider reupholstering the council chairs. Councilmember Swenson, seconded by Councihricinber bunk, moved to approve the contract with Innovative Office Solutions not to exceed $73,193.43. Carried 5 -0. D. Consider An - iendments to CC 401.15 1_? -- Iaenciiw), Screening, and L andscapi�: City Planner Richards reviewed his planning memo which was included in the packet for that evening's meeting. Councils- ncmber Runk, seconded by Councilmember McComber, moved to approve the amendments to the Ordinance. Carried 5 -0. E. Consider Amendments to CC 1001 -- Regulation of the Use of Water and Sewer Councilmember Swenson, seconded by Councihnenlber McCornber, moved to approve the amendments to the Ordinance. Carried 5 -0. F. HOV'D TO 1'I]BLIC HEARINGS SECTION OI{ I HE AGENDA G. Consider Reauest from Pine Grove gardens — Pr000sed ST1-136 Frontame Road Location: Mayor Beaudet suggested the council hold a worksession with the residents of fine Grove Gardens. Page 8 of 152 City Council Meeting Minutes December 22, 2009 Page 4 of 4 Mayor 13eaudet, seconded by Councilmember McComber, moved to set a worksession with the Pine Grove Gardens neighbors on January 26 at 6:30 p.m. to discuss the Highway 36 frontage road impact. Carried 5-0. Dick Johnson, a resident of Oak Park 1-leights, requested clarification on whether the 1995 plan was approved by the City Council. City Attorney Vierling reported that there was an approval of the concept layout but there have been a number of changes since then. Vierling stated that the City's position is that the current plan was not in compliance with the 1995 plan. H. Consider Resolution Araprovin- an Amended Planning Commission Schedule for 2010: Councilmernber McCornber, seconded by Councilmernber Swenson, moved to approve the Resolution. Roll call vote taken. Carried 5 -0. 1. 2010 Citv Council Meeting Dates: Mayor 13eaudet reported that there was not going to be a conflict with the September 14 meeting date because legislation cannot bold a primary on that date. Mayor Beaudet, seconded by Councibricrnber Abrahamson, moved to cancel the first meeting in February; move the March 23 meeting to March 30; cancel the first meetings in June, July, and August subject to the call of the City Administrator; and move, the November 23 meeting to November 30. Carried 5 -0. VIII. Adiournmente Mayor 13caudet, seconded by Councilmeniber Swenson, moved to adjourn at 7:55 p.m. Carried 5 -0. Respectfully submitted, Approved as to Content and Form, Jennifer Pinski David 13eaudet Administrative Secretary /Deputy Clerk Mayor Page 9 of 152 This Page Is Left Intentionally Blank. S i 1 i Page 10 of 152 Oak Parr Heights Request for Council Action Meeting; Date January 12, 2010 Agenda Item. Approve 2010 Cab Licenses for F.D.S. Enterprises d /b /a A Taxi /Stillwater Taxi Time Reel. 0 Agenda Placement Consent Originating Department /Requestor Administration /Jennifer Pinski Requester's Signature j ` l Action Requested Approve ^ Background /Justification (Please indicate any previous action has been taken or if other public bodies have been advised). F.D.S. Enterprises d /b /a A 'Taxi /Stillwater 'Taxi has made application for 2010 taxi licenses for their seven vehicles, all ol'which have passed an inspection by the Police Department. The license fee has been paid. I recommend approval. Page 11 of 152 CITY OF OAK PARK HEIGHTS APPLICATION 14 TAXI LICENSE 1JC13NSJ YJ-'AR I-NIANG DECEN4111 31. New Renewal ANNUAL LICENSE FEE: $60.00 per operator per C111• Amount Paid: fb0 Date Paid 'LICANTINFORAIATION: BUSINESS INFORMATION: Pet First Middle 111iflak) J J3 mess N111c ' ' E. 7 Applicant Adch•ess City, State, Zip Business AddrQs City, State, zip ('6Q 12,ig ...... .. .. Applicant Phone Number BLISilleSS Phone Number .. .............------ - - - - -- _ Applicant Driver's License No, Driver's l,icenseType Contact Pers VEHICLE DESCRIPTIONS: (add additional sheeis osneccsxm-t) Failure to supply this information may jeopardize or delay the processing of your licensing issuance or renewal application. VEHICLE NO. I VEHICLE NO. 2 h ......... ..... . ... .. ............ ..... ............... .... ..... . . ----- ------------------ -- - -- -- .. . ........... .................. .... ...... Make and Model ofVchicle Make and Model of Vehicle . ..... . .. ................................. .......... . . . ............................................... ....... .. VIN 11 VIN 4 ................... ... .. . . ..... . - -------- License Plate No. Seating Capacity License Plate No. Seating Capacity VEI-11CLE NO. 3 NO. 4 .... ........ ... --------- .. . .. ..... .................................... . . . ................ . - Make and Modei'6f Vehicle Make and Model of . ... .... .......... .......... ........................ . . ............... ...... .. . - -------- ----- V — 4 ------ -- --------- ------------ ---------- ---- - -- ------- License Plate No. Scaling capacity License - — Plate No. Seating Ca it) DRIVERS INFORMATION: necesscu-0 This information will be used to perform a driver's license check. Failure to supply this information may jeopardize or delay the processing of your licensing issuance or renewal application. DRIVER NO. 1 DRIVER NO. 2 . . .... -------- - --------- -. - --- - - First Middle (?�6 111i ti als) Last First Middle (No Initials) Last Driver's Address City,-Stat..c, Zip Driver's Address City, State, Zip Driver's Phone Number Date of Birth -Driver's Phone Number Date of Birth Driver's License No. Driver's license Type Driver's C Driver's License Type Page 12 of 152 / \^ DRn0E R N(\3- DRIVER NO 4 ` Guu Middle (No )n|Uu|o) Last First Middle (No Initials) lum �� �-�� � ������������ Dhnx`o � &d�dn�x Ci��` ��u� D,�o 'a �ddrmu City, State, Zip Driver's GiuncNumber 0mco[8iuh Ddve,`xPbone Number Date ofBirth / __---__-�����-___ Driver's License No. Driver's LiucnxeType Driver's License Nn. Driver's UcemeType INSURANCE REQUIREMENTS No taxicab license shall 6o issued uoh| the opp|iuuut therefore shall obtain a policy or policies of liability insurince with an ins company authorized vodohusinuoo under flie laws of the State of Minnesota and such policy or policies shall be approved by the City Attorney and filed with the City C|e/t. Each insurance policy ohuU provide t itix non-cancellable without fifteen (|5) days written notice to (lie City and the coverage shoU 6o for the toono[ the license. The limit in any such insurance policy of liability ofth* iouumdnnuuuuun/of/hoowncoNp,muixmnon000nduxuofyxcbmx|^okshxUkeout|oss than $lOO.O0O.00 for bodily |�u,|coorthe dcmbuf one pvmon.and $300,O0O.00m`oocnun/ofunyoouucu|d*o,rcmhingiu bodily i/�u,ioomnr death of more than oneperson and u total of$50,00O.00 liability one accident. /mmmuce Company a&*n\ Policy Number � Coverage Dates Phone Number ' -, . ... ...... _-- TBEUNDDRSFCNLDHEREBY AGREES T0 OPERATE, lM THE CITY 0y OAK PARK BElgBT8lN ACCORDANCE, nYiTD TBF REGULATIONS GOVERNING TAXIS AS SET y0R,r8 |N THE CITY 0y06}< PARK 11ElG8]]GCrrY CODE. D'|S UNDERSTOOD THAT FAILURE 'D8 CONFORM Olt ABIDE RENDERS THIS [JC0M9CNULL AND VOID. S/GNa AyPlJC&�. DA18 ---------- 00R POLICE DEPARTMENT USE 0NLY Vehicle Inspection The Chief of Police u, Some other employee, oohoho|fofthe City, designated by the Chief of Police, s ,bomu-Ny arid uomkdlY examine each taxicab beffire u|ioomr is obtained m operate the same. No taxicab shall be |im:mcdnh|d` does not comply .vidb City Ordinance 1402,03. Inspection Date Inspector Signature Notes Return this completed application to City of Oak Park 13x|ghta 14168 Oak Park Blvd. N^ PO Box 2O07 Oak Park Heights, MyV55002 mo,zvrz Page 13 of 152 1;' l' r11 '. >,iE11F'v23i01'��i \1.L:c311d Vehicle last 2010 Unit # Year Make Model Vin# Cap Plate #20 2009 "Toyota Sedan JTDBIa40E299050457 4Pass SSP 362 # #22 2004 Ford Sedan 2FAFP71 W74xl32607 4 Pass 661 AVE #26 2008 Toyota Sedan 1NXBR32E38Z022762 4 Pass SAH 452 474 2003 l=ord Sedan 2FAFP71 W03X171389 4 Pass 509 BMN 1 118 2006 Ford Van IFBNE311-96HA92502 7 Pass 508 BMN #10 2003 ford Van I FBSS3131 S03HA 19274 14 Pass PYE 788 #12 2003 Ford Van IFMRE111,83111351550 7 Pass MWK 580 Page 14 of 152 W (yak Park Heights Request for Council Action �. Meeting Date January 12, 2010 Agenda Itern Adopt Resolution Designating the Stillwater Gazette; as the City of Oak Park Ileights' Official Newspaper "hirne Red. 0 Agenda Placement Consent Originating Department /Requestol Administration /Jennifer Pinski Requester's Signature k _._-_.__......._-.-- Action Requested _ Adopt Resolution Background /Justification (Please indicate any previous action has been taken or if other public bodies have been advised). See attached Resolution. Page 15 of 152 CITY OF OAK PARK HEIGHTS RESOLUTION 10 -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 sleets 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 2010. Passed by the City Council of Oak Park Heights this 12' day of January, 2010. David I3eaudet, Mayor Eric Johnson, City Administrator Page 16 of 152 January 7, 2010 Oak Park heights Mayor Dave Beaudet and City Council Members City of Oak Park Heights 14168 Oak Park Boulevard North P.O. Box 2007 Oak Park Heights MN 55082 Dear Mayor Bcaudet and City Council Members; Thank you for notifying me of the City of Oak Park Height's wish to receive a bid from the Stillivctter Ciazelte for the publication of its legal publications. I appreciate the opportunity to respond, and the GuMetle does request consideration to be the city's legal newspaper for the year 2010. The Gazette 's publication sc €iedule gives Oak Park Heights city government many options for presenting its legal publications to the public in a Timely manner. The Guzette does meet legal publication requirements under state statute, and in addition, the Gctzette continues to offer a high number of paid circulation newspapers distributed within the city. Legals are posted on the Gazette's website as well. I propose that the rate for 2010 remain the same as it was this past year, $4.10 per column inch. The Gazette would appreciate the opportunity to continue serving the citizens of the City of Oak Park Heights by publishing the city's legal notices. If you have any questions or are in need of additional information, please contact n Thank you. Sincerely, Marls Berriman Publisher 651 -796 -1116 Page 17 of 152 1111111111111111L AM U ~ m�� �� ��U `~ ��y�o���u�ons =�= Eugene D' Johnson, Publisher Pa Dmu|.An000iatePublisher 477U Bloom Axo.. White Bear Lake, KAN55110°Phnnr�6S1'407'120O^ Fax: 051'420'1242 December 8, 2004 Mr, Eric &.Johnson City ofOak Park HciAblu P.O. Box 2007 Stillwater, MN 55882 Dear Mr. Johnson: The St. Croix Valley Press wishes \wbe considered uo your off ciu| newspaper 5xr20|0. We ooec{ all the legal publication o:0nircrncn<x under state a&Ko{ex. Our circulation is audited hy Verified Audit Circulation, un independent Urin. We offer submittal of' legal notices bymail, fax n{(h5]) 429'l242,ore-mail to please o\mur|y identify thern as ^ ^<.cga/ No1io*n." The rate will remain the xnnnemt$6.V0 per column inch, in 7'yoioL type o1 9-lines per inch. Our deadline for legal notices ix Friday h»5yM for the fbU owing Thursday ^ opublication. We look forward to the opportunity to serve yon. We welcome any questions or concerns You may have. sincqcly, / 'A Legal Notice Coordinator K4iocA*pkh|&|O.do: Your Bcn\ Source For Community Information White Bear Press ° Vadnois Heights Pross ° SC Croix Valley Press " Quad Community Press " Shoreview P 899 18 1 9 3 t Ni Lake Press nowa@pnyuopubn.00m ppoomp@prouupuba.00m pro"oadver1iuing4Ppnynnpubo.onm pp:iro@prenapubo.00m Oak Park Heights Request for Council Actii ®n Meeting Date January 12` 2010 Time Required: I minute Agenda Item. Title: Awrove Salary Adiustment for laxemt)t Emulovees Agenda Placement Consent ,A ae a Originating; Department /R to' Eric Johnson, City Administrator Requester's Signature �✓� Action Requested ADnnx'ove Salary Adiustments fo 2010 - See Below Background /lustifie. bon (Please indicate if any previous action has been taken or if other public bodies have advised): Typically, the City Council takes action on wage adjustments on an Annual basis for exempt (non - represented employees). I would recommend a 3 wage rate adjustments for 2010 for the Senior Accountant Position and the Deputy Clerk/Administrative Secretary Position. The 2010 Budget as approved dares include this 3% increase and does mirror increases for Bather employees. Page 19 of 152 This Page Is Left Intentionally Blank. r� i Page 20 of 152 I f I Oak Park Heights Request for Council Action Meeting Date 01/12/2010 Agenda I tem 'fitle: Award Contract to Mariah lZernodelim), — Valley View Soffit and Fascia Replacement I Minute Agenda Placement — __Consent ... -------- --------- Originating l)epartmeiii/Reqtic Public Works, Atic]vKe� Requester's Signature Action Requested Ap 0 -..award - 12! , vc contract Back( ' ),round/Justification (1 indicate if any previous action has been Taken or il'other public bodies have advised }: Please See attached Attachments: Memo Original IZFQ Document Quote Summary Sullmitted Quotes Page 21 of 152 C tN[ Of Oak Park Heights 14 168 Onk Park i31A N.® Box 2007 a Oak Park l (eights. MN 55082 + Phone (651) 439 -4439 ®F Fax 439 -0574 Memorandum Tot Eric Johnson, City Administrator IFrom: Andrew Kegley, Director of Public Works CC. Mayor and Council Data. 01/06/2010 Re: Quotes to Replace Fascia and Soffit at Valley View Park During the park walk through on September 21 �', 200 the Park Con recogni the need to replace the soffit and fascia at the Valley View Park Shelter. A request for quotes was sent to seve ral local construction companies; four (4) companies submitted quotes. Please line{ the attached quote summary and quote sheets submitted. This work would not likely take place until early spring; of 2010 as the quotes are valid until .April 30 "', 2010. The project would be funded under the budgeted projcets park building maintenance fund. The park building; maintenance fund currently has $20,000 allocated. At the December 21" 2009 Park Commission Meeting; the Commission recommended the contract be awarded to Mariah Remodeling, the company with the lowest quote. After Council approval an award letter shall be sent to Mariah Remodeling; however a notice to proceed would be withheld at the City's discretion until early spring;; but before April 30 2010. Attachments: Original R1=Q Document Quote Summary Submitted Quotes TREE CITY u.s.A. f';TROJECTSW, le) View fascia and soflitlVV quote menw to minc:il.doc Page 22 of 152 Request for Quotes — Replace Soffit and Fascia Summary: The city of Oak Park Heights is seeking quotes from licensed and insured contractors to remove and replace the soffit and fascia at Valley View Park located at 5575 Ozark Avenue. Scope of Work: Base Work: Section 1. Temporarily remove all fixtures including but not limited to light fixtures, electrical fixtures or conduits as needed from their current locations. Remove the existing soffit and fascia on the perimeter of the pavilion, remove the drip edge; and if required remove and replace the existing 1x4 trim finish. Section 2. Replace the soffit with primed 4x8 -3/8" AC aspen plywood. Provide and install ten (10) 8 "x16" white soffit vents evenly spaced with three vents along the east and west side of the building and two on the north and south side of the building. The soffit vents must be fully secured and shall be installed in a manner that does not damage the vents or the soffit sheet. Provide and install 1x8" primed Miratec trim fascia board along the full perimeter of the building; the fascia board must be routed on the back side to accept the 3/8" soffit plywood. Soffit and fascia must be attached using appropriate nails and sunken to the appropriate depth. Install new drip edge along full perimeter of the building. Confirm all colors with City — all colors shall be of equal price. Reattach the existing light fixtures, electrical fixtures and conduits removed for access to replace the soffit and fascia. The contractor must confirm all color choices with the City. Alternates: Alternate #1: Remove only the four (4) damaged soffit sheets as marked by Oak Park Heights staff and replace with 4x8 -3/8" AC aspen plywood. Provide and install ten (10) 8 "x16" white soffit vents evenly spaced with three vents along the east and west side of the building and two on the north and south side of the building. The soffit vents must be fully secured and shall be installed in a manner that does not damage the vents or the soffit sheets. Remove and replace all fascia board and the drip edge. Install new drip edge along full perimeter of the building. Confirm all colors with City — all colors shall be of equal price and replace the fascia with 1x8" primed Miratec trim fascia board; the fascia board must be routed on the back side to accept the 3/8" soffit plywood. Alternate # 2: Paint the soffit and fascia around the full perimeter of the building including the ceiling under the shelter. Use minimum 15 -year, exterior latex paint. The contractor must confirm color choice with the City. Page 23 of 152 Conditions (for base work and alternate) All work shall be completed within 15 calendar days of the City issuing a NOTICE TO PROCEED. Failure to complete required work in required timeline will entitle the City to assess a five (5) percent penalty for each week beyond such date. Should unanticipated conditions be discovered that are outside the Scope of Work the Contractor shall immediately notify the City of such conditions and shall work in good -faith with the City to coordinate appropriate actions. Should these conditions require additional services, the Contractor and the City shall first negotiate for appropriate services but shall not exceed reasonable time and materials costs in accordance with industry standard(s). Any additional work required shall be completed within a reasonable timeline so as to not delay work of other contractors at the site. Should the Contractor unreasonably cause any delays in the execution of any work, the City may remove the Contractor from the site upon written notice and without penalty to the City. ® The Contractor shall work in concert with and will coordinate with the City to complete this work in a professional, courteous manner. ® The final and awarded contractor shall provide proof of general liability insurance in an amount not less than $1,000,000 naming the City as an insured party and shall fully indemnify the City from loss or liability. The Contractor and their employees are not employees of the City. ® Prior to submitting a response to this RFQ, contractors shall first make a site visit to better understand the scope and conditions of the Scope of Work. This site visit can be scheduled by contacting Andy Kegley, Public Works Director at 651 -439 -4439. ® A final contract between the City and the contractor will be required and shall be wholly consistent with this RFQ. The City will provide payment following the satisfactory completion of all work as determined by the City. There shall be a minimum one -year warranty on all workmanship and new fixtures. The Contractor shall secure and coordinate any needed City or State building permits; the city will reimburse the contractor for the cost of the CU required permit upon satisfactory completion of the work. Your submitted base work quote and alternate amounts are total amounts and shall include all items to provide a complete job, including but not limited to; taxes, licenses, monitoring, fees, disposal fees, surcharges, rental of equipment, etc., necessary for your firm to complete the project. Page 24 of 152 • Your submitted Quotes shall be valid and binding through April 30th, 2010 for the purposes of awarding a contract and if a contract is awarded prior to such date submitted quotes shall be carried through during the completion of this project regardless of the actual final completion date. Should the City not make a project award prior to April 30th, 2010 all submitted quotes are void. The City reserves the right to reject any and all bids at anytime. The City shall select a contractor that in the City's determination best meets the needs of the City. The City will make a final award via a written NOTICE OF AWARD. • Your submitted base work quote and alternate amounts are total amounts and shall include all items to provide a complete job, including but not limited to: taxes, licenses, monitoring, fees, disposal fees, surcharges, storage, security, rental of equipment, etc., necessary for your firm to complete the project, • The City may select the Base Work or Quote Alternates individually without penalty in price and /or time. ® The City will not accept any workmanship that appears crooked, unprofessional or poorly installed. Page 25 of 152 Submission Form Soffit and Fascia Replacement- Fall 2003 Submissions are due: December 15 t ', 2009. Submit in original form only to Andy Kegley, Director of Public Works, City of Oak Park Heights, PO Box 2007, Stillwater, MN or hand deliver to Andy Kegley at City Hall located at 14168 Oak Park Blvd N, Oak Park Heights, MN, 55082. No faxed or emailed submissions will be accented or considered. Name of Firm: Owner or President Name: Base Work Quote Amount: $ .00 (Must be fully legible & in ink) Alternate # 1: $ .00 (Must be fully legible & in ink) Alternate # 2: $ .00 (Must be fully legible & in ink) Signature: Date (This signature must be the original signature of the owner or president) Notary: Date (affix stamp) (Notary is attesting to signature above as being the person capable of binding the company to submit such quote) Page 26 of 152 N N Summary of Submitted Quotes - Malley View Soffit and Fascia Replacement o Base Work Alternate I Alternate 2 Total Contractor Replace all soffit and Repair damaged paint the soffit, fascia a fascia sheets as marked by and existing celing Base + Alternate 2 Alternate 1 +2 P.W. staff Mariah Remodeling $2,265.00 I 51,797.00 I $735.00 I $3,000.00 I $2,532.00 Dan oett er Home $2,365.00 $1,610.00 $840.00 $3,205.00 I $2,450.00 ].G Hause Construction I $2,999.00 $2,539.00 $2,106.00 $5,105.00 $4,645.00 John Heinlein Construction Inc. ( 517,912.00 ( $4,754.00 I $3,720.00 I $21,632.00 $8,474.00 F:TRQJECTSWalley View fascia and sof#itlQuote sup' maryxls job, including but not limited to; taxes, licenses, monitoring, fees, disposal fees, surcharges, storage, security, rental of equipment, etc., necessary for your firm to complete the project. 9 The City may select the Base Work or Quote Alternates individually without penalty in price and /or time. 10 The City will not accept any workmanship that appears crooked, unprofessional or poorly installed. Submission Form Soffit and Fascia Replacement- Fail 2009 Submissions are due: December 15 2009. Submit in original form only to Andy Kegley, Director of Public Works, City of {yak Park Heights, PO Box 2007, Stillwater, MN or hand deliver to Andy Kegley at City Hall located at 14168 Oak Park Blvd N, Oak Park Heights, MN, 55082. No faxed or emailed submissions will be accented or considered. Name of Firm: n ! 1 rqr�C'It Page 28 of 152 Owner or President Name. 0 , S rr) I kr -, Base Work Quote Amount: $ .00 (Must be fully legible & in ink) Alternate # 1: $ .00 (Must be fully legible & in ink) Alternate # 2: $ .00 (Must be fully legible & in ink) Signature: Date (This signature must be the original signature of the owner or president) Notary: (affix stamp) (Notary is attesting to signature above as being the person capable of binding the company to submit such quote) MATT CHARLES FOSSE MATT CHARLFS FOSSE 7( FI .,-) Notary Public Notary Minnesota Minnesoia M )Y commission Expires Jan. 31, 2014 y Commission Expires Jan. 31, 2014. Page 29 of 152 Submission Form Soffit and Fascia Replacement- Fall 2009 Submissions are due: December 15 2009. Submit in original form only to Andy Kegley, Director of Public Works, City of Oak Park Heights, PO Box 2007, Stillwater, MN or hand deliver to Andy Kegley at City Hall located at 14168 Oak Park Blvd N, Oak Park Heights, MN, 55082. No faxed or emailed submissions will be accented or considered. Name of Firm: �17 /T�e -e 1-s c-- +',dV rY3'� r" Owner or President Name: '6 // : ' " " —P e--- `: 40 Base Work Quote Amount: $ � -� .00 (Must be fully legible & in ink) Alternate # 1: $ I� .00 (Must be fully legible & in ink) Alternate # 2: $ ,/ .00 (Must be fully legible & in ink) Signature: . / Date (This signature must be the original signature of the owner or president) Notary: �� GAL l��`� L �f Date / 2 Yi % (affix stamp) (Notary is attesting tK signature above as being the person capable of binding the company to submit such quote) JUDY L. HOLST x NOTARY PUBLIC - N,,IN'W:SOTA My Commission ExpErs< :., :1 DI Page 30 of 152 Submission Form Soffit and Fascia Replacement- Fall 2009 Submissions are due: December 15' 2009. Submit in original form only to Andy Kegley, Director of Public Works, City of Oak Park Heights, PO Box 2007, Stillwater, MN or hand deliver to Andy Kegley at City Hall located at 14168 Oak Park Blvd N, Oak Park Heights, MN, 55082. No faxed or emailed submissions will be accepted or considered. Name of Firm: - T • � Owner or President Name: RD CALA S,7H )- O Base Work Quote Amount: $ 2-9 �t .00 (Must be fully legible & in ink) Alternate # 1: $ 'ZCS -- 9 .00 (Must be fully legible & in ink) Alternate # 2: $ 2.1 0ILp .00 (Must be fully legible & in ink) 11Y 09 Signature: Date 12 (This signature must be the original signature of the owner or president) Notary: c --�sr Date i1j)`4 � stamp) (Notary is attesting to signature above as being the person capable of binding the company to submit such quote) Kelly Jo Weyer Notary Public V Mtlnnesota " "' ° ".,� „• My�E>gs�esJy3t,2013 Page 31 of 152 i Submission FOI'm Soffit and Fascia Ropla- ement- Pahl 2009 5ubmisWws iore du December 15'', 2009, Submit in original form only to Andy Kegley, Director of Public Works, City of Oak Park Heights, PO fox 2007, Stillwater, MN or hand deliver to Andy Kegley at City Hall located at 14158 Oak Park Blvd N, Oak Park Heights, MN, 55087. NQ fax Name of Firm; Owner or President fume: od Base Work Quote Amount: s .00 (Must be fully legible & in sink) Alternate # 1; 7J l $�..,. 171 � - � T .,.00 (Must be fully leg ible & in irk) Alternate # $ J 7l� d --.00 (Must be frilly legible & in ink) Signature: (This signature rust be the original signature of the owner or president) Notary: _._____fate - - - - - -- -- (afi`lx sump) (Notary is attesting to signature above as being the person capable of binning the company to SLbmit such quote) Pa 32 of 152 7r7AL P. CIS " Oak Park Heights Request for Council Action Meeting Date January 12, 2010 Agenda Item Title Approve Resolution Desimatin2 2010 Checking and Bank Depositories Time Required Agenda Placement Consent Originating Department/ Requestor Judv Holst, Deputy Clerk/Finance Director Requester's Signature Action Requested Approve Resolution desiznatin� 2010 checking and bank depositories Background /,Justification (Please indicate any previous action, financial implications including budget information and recommendations). The City currently has their investments with Central Bank, Lake Elmo Bank, First State Bank and Trust, Smith Barney, Edward Jones, Northland Securities and the 4M Fund. I have added several local banks along with UBS Financial Services to our list of depositories. These were added to give the City additional options for interest rate comparisons. Finance is checking on bank ratings before investing. The list of depositories is as follows: Central Bank Lake Elmo Bank First State Bank and Trust US Bank Eagle Valley Bank Wells Fargo Bank Anchor Bank Lake Area Bank Bremer Bank League of Minnesota Cities 4M Funds Morgan Stanley Smith Barney Northland Securities UBS Financial Services The City checking account is at Central Bank. Page 33 of 152 CITY OF OAK PARK HEIGHTS RESOLUTION 10 -01 -04 A RESOLUTION DESIGNATING 2010 CHECKING & BANK DEPOSITORIES Central Bank — Checking and Investments Lake Elmo Bank Investments First State Bank and Trust — Investments US Bank --- Investments Eagle Valley Bank - Investments Wells Fargo Bank — Investments Anchor Bank — Investments Lake Area Bank — Investments Bremer Balk - Investments League of Minnesota Cities 4M Fund --- Investments Morgan Stanley Smith Barney Investments Northland Securities -- Investments UBS Financial Services - Investments Passed by the City Council of Oak Park Heights this 12th day of January, 2010. David Beaudet, Mayor A "T'II:1S`f: Eric A. Johnson Administrator Page 34 of 152 r. A Oak Park Heights Request for Council Action Meeting Date January 12, 2010 Agenda Item Adopt Resolution Granting the Application of White "fails Unlimited Metro Area Chapter to Conduct a One -Day Raffle at the VFW Post on March 20, 2010 Time Req. 0 Agenda Placement Consent Originating Departnient/Requestor Administration/Jennil'er Pinski Requester's Signature — - - -------- Actioji Requested ...----- Approve .1 esolution Background /Justification (Please indicate aily previous action has been taken or if other public bodies have been advised). See attached Resolution and Application. Page 35 of 152 RESOLUTION 10-01-05 CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA RESOLUTION GRANTING THE APPLICATION OF WHITE TAILS UNLIMITED METRO AREA CHAPTER TO CONDUCT A ONE -DAY RAFFLE AT THE VFW POST 323 ON MARCH 20, 2010 WHEREAS, Lindell Blanchette, on behalf of White 'hails Unlimited Metro Area Chapter has applied with the State of Minnesota Gambling Control Board for a permit to conduct a one -day raffle on March 20, 2010 at the site of VFW Post 323, 5880 Omaha Avenue North; 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 been no objections to the granting of the application for the raffle permit as applied for by White 'fails Unlimited Metro Area Chapter with the State of Minnesota Gambling Control Board. NOW, THEREFORE, 13E IT RESOLVED BY THE CITY COUNCIL FOR THE CITY OF OAK PARK HEIGHTS AS FOLLOWS: That the application of White Tails Unlimited Metro Area Chapter with the State of Minnesota Gambling Control Board to conduct a one -day raffle on March 20, 2010 at the site of the VFW Post 323, 5880 Omaha Avenue North, within the City of Oak Park Heights and the sane are hereby approved with no waiting period. Passed by the City Council of Oak Park Heights this 12th day of January, 2010. David Beaudet A'rn ST: Mayor Eric A. Johnson City Administrator Page 36 of 152 i Minnesota lawful Gambling LG220 Application for Exempt Permit P U 90 , oft 6107 An exempt permit may be issued to a nonprofit organization that: For Board Use Only conducts lawful garbling on five or fewer days, and Fee i s $50 for Claccll ld awards less than $50,000 in prizes during a calendar year. each event S JORGANIZATION INFORMATION Organization name Previous gambling t 9 g permit lumber T ype of nonprofit organization. Check N) one. ^❑ l ratcnaal ❑ {�eGc)ious ❑Veterans Other nonprofit organization M I!Jng address C lty State /Zip Code 2 �_ -- our t � ay Name of chief executive officer (GEO) -- - -- Y .._._._._ V � V Daytime phone number l ATTACH A COPY OF ONE OF THE FOLLOWING FOR PROOF OF NONPROFIT S ATUS * Do rwl LLrltcrcn a sales tax exempt status Or federal ID employer numbers as they are not proof of nonprofit status. ___ Nonprofit Articles of Incorporation OR a current Certificate of Good Standing. Don't have a col3y? This certificate mull be obtained each year frorn: Secrlrtary of State. Business Services Div., 180 Slate Office Building, St. Paul. MN 55155 I�hane (351 - 296.2803 _ lnter'nul Ruv ntx3 Service - l)la income lax uxunrl7tio11 (501(c)] fetter in name. , your organization's ae. f�ort't lasv a coJ,3y'� i c obtain a copy of Yom fedcgal inconie tax exempt letter, send your federal ID rtt,rtrb r :ho clan: your organ3zatiorr initially appiic.ci far lax exempt status to ; and IRS. P O fox 2508, Boom 401 (), Cincinnati, 0I -1 45201 i _ internal ROVenLIQ Service -Affiliate of natsorfal, statewide, or international parent nonprofit organization {charter) i your org�3nizatron falls under a parent organization, attach copies of both of the following :3. IRS Jotter showing your parent org,3ni:_ation is a registered nonprofit 501(c) organization with a 91crl 13 n:ling u:tr cha ir:r or letter from your parent w recognrzing your organization as a subordinate ! r g Internal Revenue Service - proof previously subrlalttect to Gambling Control Board I If you prcJMousfy stJbmrticd }roof 1 of n onprofit status from the Internal Revenue Service, no attacitnienl is required flff GAMBLING PREPOISES fNFOR " NIA ]ION I l,,rii: of promises wnCra 'jamblim activrt l C ) y qiil r l: conruc; d (for raffles, list i}le site where the drawing will to e place) City _ Ily Zrp Code 15i JII.'SS (dU no use l'O box) si o ur ralflus, ntdicatc the dale of Ih -: cir awom (j) j or bo: as ti.a; ndic a #c: the typo- of c i i rc YI ' � � ' i actrvrty your org<Jnjzatron Will conduct i3rrrcJn f affic:s ❑ Paddlewri�,;ls �� 'Pull- Tabs ❑ 'Tipboards Gambling equilinjeaat for gulf t }b5, til)bWrds, paddlewhtrels, and bingo (Bingo pa)er, 111 cards, and bingo number selection (}evice) must be obtained from a distributor lic-ensec,' by the Gtarnbling Control E3cmid. To find a ficensed distributor, go to www.(J._b.state,inn.us and ckk on U!A of Licensed Distribr tors, or call 651 - 639 -4076. Page 37 of 152 t LG220Application for Exempt Permit Page 2of2 6/07 LOCAL UNIT OF GOVERNMENT ACKNOWLEDGMENT If the gambling premises is within city limits, if the gambling premises is located in a township, both the city must sign this application. the county and township must sign this application. Check (Y) the action that the city is taking on Check (Y) the action that the county is taking on this application. this application. — The application is acknowledged with no waiting period. _The application is acknowledged with no waiting period. _the application is acknowledged with a 30 day waiting The application is acknowledged with a 30 day waiting period, and allows the Board to issue a permit after 30 period, and allows the Board to issue a permit after 3o days (60 days for a 1 st class city). days. ,The application is denied. The application is denied. Print city name Print county name On behalf of the county, t acknowledge this application. On behalf of the city, 1 acknowlodge this applicrrtiorn, Signature of county personnel receiving application Signature of city personnel receiving appfication Title Date f / Title t7aie_ 1 1 TOWNSHIP: Onbehalfoftlne township, t aclnowledge tlnatthe orrganization is applying for exempted gainbliing activity witinirn the township kmits. [A township has no statutory authority to approve or deny an appfcation [Minnesota Statute 349.213, subd. 2)] Print township name Signature of township official acknowledging applicaflon Title Date 1 1 CHIEF EXECUTIVE OFFICER'S SIGNATURE the finaftcial re of will be completed and refurned to the Board within 30 days of the date of our gambling acti vity. t The information provided in this application is complete and accurate to the best of m knowledge, 1 acknowledge hat p p Chiefexecutive officer's signature Date / 1 Complete an application for each gambing activity: Financial report and recordkeeping one day of gambling activity required two or more consecutive days of gannbling activity A financial report form and instructions will be each day a raffle drawing is held sent with your permit. Within 30 days of the Send application with: activity date, complete and return the financial a copy of your proof of nonprofit status, and report form to the Gambling Control Board. $50 application fee for each event. Questions? Make check payable to "State of Minnesota." Call the Licensing Section of the Gambling To: Gambling Control Board Control Board at 651 - 639- 076. 1711 West County Road B, Strife 300 South Roseville, MN 55113 Data privacy. This form will be mado available the Board will be able to process your Board staff whose work requires access to in alternative format (i.e. €arge print, Braille) upon application. Your name and and your the information; Minnesota's aepariment of request. The information requested on this OEyanization's name and address will be public Public Safety; Attorney General; Commissioners fonn (and any altachments) wW be used by the info(malion when received by the Board. All of Administration, Finance, and Revenue; Gambling Control Board (Board) to deleo mine the other information you provide will be private Legislative Auditor, national and international your quallficalions to be Involved in lawful data until the Board issues your permit. When gambling regulatory agencies; anyone pursuant gambling activities in Minnesota. You.have ti)e the Board issues your permit, all of the to tour# order; other individuals and agencies sight to refuse to supply the information information provided to the Boars will become that are specifically authorized by state or requested; however, if you refuse to supply public. If the Board does not issue a permit, all federal law to have access to the information; this informalion, the Board may not be able to infonnalicn provided remains private, with the individuals and agencies for whidn law or legal detemrine your qualifications and, as a excoObn of your name and your orcganizaUon's order auUnofizes a new use or sharing of consequence, may refuse to issue you a name and address whidl will remain public. information after this Notice was given; and permit. if you supply the informalion requestod, Private data are available lo: Board members, anyone with your consent. Page 38 of 152 Oak ]Park Heights Request for Council Action. Meeting Date: January 12. 2000 Time Required: 1 Minute Agenda Item "Title, An 13rOVe 201 Pzofe Tonal Service Contract with Northwest Assoc. Consultants Agenda placement: Consent A e a �� Originating Department /Re sto. .f'.Johnson. City Administrator Requester's Signature Action Pequested ._!1 rov ; as Presented.____ R aj* iies on (Please indicate if any previous action has been taken or if other public b® have advised): The City has contracted with Northwest Associated Consultants (MAC) for planning services for over 30 years. The current Agreement executed in 2003 is to be replaced in total with the enclosed document including the new fee schedule. There are no changes from the 2003 to the 2010 document other than the amended fee schedule. Essentially, NAG is seeking to adjust its retainer by $200.00 per month -- moving from $1,600 to $1,800. To the best of my knowledge, this has not been increased since 2003 and is reasonable considering the services they provide. There is no "end- date" per se in the Agreement, however either Marty may terminate this Agreement at anytime — (30 days written notice) and without penalty. A few points to note: From 2003 to 2007, the City saw tremendous commercial development and in hindsight, much of that development remains vital and fully operational. Moreover, the City has not faced any legal challenges to its zoning or land use decisions. Aso, the City has made several ordinance changes that have had positive erects on neighborhoods — all of these have involved NAG and Scott Richards in a material way. Lastly, Scott Richards has been a consummate professional with which to work and responds with quality, positive effort when items are presented. Considering the scope of services requested and provided, I would recommend the City Council approve the Agreement. Page 39 of 152 1 i NORTHWEST ASSOCIATED CONSULTANTS, INC. ........ i... ii. i. ..... i. i. n. i. ..... . ...................... ...i�i.iii �i�. �.... i.i.i..�. ���.......... �....... i.. i... ii...... ...... .... . .... ...................... . .............................. . , ..... ... .. ... ......... i.�i........... iii..I 4800 Olson Memorial Highway, Suite 202, Golden Valley, MN 65422 Telephone: 763.231.2555 Facsimile: 763.231.2561 plan ners-:runacpwnning.corn MEMOR TO: Eric Johnson FRONT: Scott Richards DAVE: January 5, 2090 RE: Oak Park Heights — 2010 Professional Planning Services Contract FILE NO: 302 Please find attached a revised contract between the City of Oak Park Heights and Northwest Associated Consultants, Inc. for professional planning services. The only change from the previous contract, last updated in 2003, was an increase in the monthly general retainer amount from $1,600 to $1,300. In 2010, NAC will not be increasing its City rates, but is increasing the rates charged for private work by approximately 3 percent. The monthly retainer has been in place since 1993 and it has not been increased from the current rate of $1,600 that was established at that time. The retainer covers all City Council, Planning Commission, and staff meeting attendance (up to eight meetings per month) by NAG staff. It also allows for up to three hours per month of telephone calls, file research, and requests for information by the City. I will anticipate that this item would be placed on the January 12, 2010 City Council agenda. We look forward to continuing our long term relationship of over 30 years with the City of Oak Park Heights, Page 40 of 152 ► NORTHWEST ASSOCIATED CONSULTANTS, INC. 4 -800 Olson Memorial Highway, Suite 202, Golden Valley, MN 554 -22 Telephone: 763.231.2555 Facsimile: 763. 231,2561 platiiers;ct January 12, 2010 AGREEMENT FOR PROFESSIONAL PLANNING SERVICES THIS AGREEMENT entered into this 12 day of January 2010, between the CITY OF OAK PARK HEIGHTS, MINNESOTA, hereinafter referred to as the "City' and NORTHWEST ASSOCIATED CONSULTANTS, INC., hereinafter referred to as the "Planner. ARTICLE 1. AREA OF SERVICE That the City does hereby agree to employ the Planner to render professional technical planning and development assistance services to the extent and kind described in Article 2 below, in and for the City of Oak Park Heights, Minnesota. ARTICLE 2. SERVICES OF THE PLANNER The Planner hereby agrees to render the professional services as follows: A. Technical Planninq and Development Assistance 1. Provide general assistance and consultation to the City, regarding planning, zoning, subdivision, and development projects plus related functions and activities. Services shall be rendered on an as needed basis to be determined by the City and authorized by the City Administrator. Any services performed under this Article will be billed on a monthly basis as per Article 4.A of this Agreement. 2. The Planner will prepare written reports, provide general development assistance, and make recommendations on matters as described by the City through the City Administrator, B. Meeting Attendance 1. The Planner shall prepare for and attend staff meetings as directed by the City Administrator. 2. The Planner shall prepare for and attend City meetings as directed by the City Administrator. Page 41 of 152 City Of Oak Park Heights Page Two 3. The Planner shall prepare for and attend special meetings as directed by the City Administrator. 4. The Planner may attend agenda meetings when the Planner has items to be placed on the Council agenda relating to assigned projects. All such attendance shall then be billed to those projects. ARTICLE 3. SERVICES OF THE CITY The City hereby agrees to furnish to or make available for examination or use by the Planner, without charge, the following. A. Agendas for all City Council meetings when attendance of the Planner is required within a reasonable time to allow for review of each item on the agenda. B. Copies of all material and documents applicable to projects in which the Planner is involved shall be provided by the City to the Planner. All copies of such material and documents shall be submitted to the Planner within a reasonable period of time before any meeting at which they are to be considered. When written reports are required, copies of all material and documents shall be submitted to the Planner no less than ten (10) working days or within a reasonable period of time to permit proper evaluation prior to the meeting at which they will be considered. All original documents, including applications, shall remain with the City of Oak Park Heights. C. Available material and documents, as determined by the Planner, that are necessary for the services to be performed. ARTICLE 4. PAYMENT A. Technical Planning and Develowent Assistance The City hereby agrees to pay the Planner for professional services included in Article 2.A of this Agreement as follows: 1. The payment of these services shall include mileage, supplies, postage, graphic material, printing and labor according to the attached rate schedule. Labor involving City initiated projects, as contrasted to private development projects, shall be charged at a fifteen (15) percent reduction in hourly rates. The rate schedule, as provided in Attachment A, shall Page 42 of 152 City of Oak Park Heights Wage Three serve as the basis for charges made. The rate schedule shall be subject to review and adjustment each calendar year. 2. Single family requests for variances, conditional use permits, and minor planned unit development amendments shall be billed at the reduced City rate to a maximum of $300.00, exclusive of meetings. For projects that exceed the $300.00 maximum budget, the Planner may request reimbursement, with City Administrator approval, if the work involved surpasses what was originally intended for the single family request. The City Administrator and the Planner shall agree on a case -by -case basis as to which project shall be classified as a single family request before commencing work. 3. If the City finds it necessary to abandon requested work, the City shall notify the Planner in writing and the Planner shall be compensated for all work completed and materials expended. 4. The Planner shall submit a statement of services rendered under Article 2.A on a monthly basis, payable by the City within thirty (30) days of receipt of an invoice showing work completed. B. General Retainer 1. The general retainer amount shall be established on a yearly basis as found on the rate schedule, provided in Attachment A. 2. The Planner shall prepare for and attend up to two (2) City Council meetings, one (9) Planning Commission meeting, and five (5) staff meetings per month. Additional meetings on a monthly basis shall be billed to a maximum amount of $200.00 per public, workshop, or special meeting. 3. The general retainer includes up to three (3) hours per month of telephone calls, file research, and requests for information by City officials, City staff, and City consultants regarding the City's development controls, the Comprehensive Plan and general planning and zoning matters. Telephone calls, file research, and requests for information related to specific projects, development requests in excess of three (3) hours per month shall be billed under the provisions of Article 2.A. of this Agreement. Page 43 of 152 City of Oak Perk Heights Page Pour 4. The Planner shall maintain and store files, maps and graphics of projects in which it has or is currently involved until such time as the City requests the relinquishing such materials. ARTICLE a OTHER PARTIES A. It is mutually agreed that this Agreement is not transferable by either party to a third party without the written consent of the other. P. The Planner's original reports and other original materials prepared in the performance of this Agreement are instruments of services and remain the property of the City. However, any further distribution of these reports by the City must note the Planner as the source. C. In the case of lawsuits or legal actions by a third party brought against the City in which the Planner is named, the City shall assume responsibility and expense for legal defense of the Planner, unless such lawsuit or legal action is the result of the actions or inactions of the Planner. ARTICLE 6. TERMINATION A. This Agreement may be terminated by either party delivering to the other party written notice of termination in which case this Agreement shall be deemed terminated as of 9:00 AM on the thirtieth (30th) day following receipt of said written notice. P. In the event of termination by the City, the City shall pay the Planner for work completed after the termination date on a time plus materials basis, such payment to be made within thirty (30) days after receipt of City of a final invoice showing work completed. All materials shall be retained by the Planner until all payments due from the City have been received by the Planner. C. In the event of termination by the Planner, the Planner shall forward to the City on or prior to the termination date any unearned fees or retainers held by the Planner shall be returned to the City within thirty (30) days of termination date. D. This Agreement shall not be effective until duly executed by both parties hereto and shall be in effect until terminated by either party. Page 44 of 152 City of Oak Park Heights Page Five NORTHWEST ASSOCIATED CONSULTANTS, INC. Scott D. Richards, Senior Planner Date CONDITIONS HEREIN AGREED TO CITY OF OAK PARK HEIGHTS, MINNESOTA David Beaudet, Mayor Date Eric Johnson City Administrator Date Please Sign and Retum One Copy Page 45 of 152 NORTHWEST ASSOCIATED CONSULTANTS, INC. RATE SCHEDULE Effective January 1, 2010 Staff Member Rate Per Flour Principals /Directors .............. ............................... $120.00 to $150.00 Associates .............................. ............................... $90.00 to $ 135.00 Senior Analyst ......................... .. ............. Senior Landscape Architect .... ............................... Senior Planner.. . .................. ................ ................ $75.00 to $135.00 Senior Urban Designer ........... ............................... Senior Public Administration Specialist ................. Analyst.................................... ............................... CIS Special ist .......................... ............................... Landscape Architect ............... ............................... Planner ................................... ............................... $40.00 to $85.00 [Urban Designer ...................... ............................... Public Administration Specialist ............................ Aide........................................ ......................... ...... Technician .............................. ............................... $25.00 to $50.00 Secretary................................ ........ .... ................... Outside Consultants ............... ............................... Per Job Basis Supplies ................................. ............................... Actual Cost + 15% Mileage ................................... ............................... Current IRS Rate Expert Testimony .................... ............................... Hourly Rate OAK PARK HEIGHTS MONTHLY GENERAL RETAINER ...................... $1,800.00 ATTACHMENT A Page 46 of 152 r. Oak Park Heights Request for Council Action Meeting Date January 12, 2010 Agenda Item Adopt Resolution Approving; Professional Consultants for the City of Oak Park Heights in 2010 Time Req, 0 Agenda Placement Consent Originating Department / Requester Administration /Jennifer Pinski Requester's Signature Action Requested Adopt Resolution Background /Justification (Please indicate any previous action has been taken or if other public bodies have been advised). See attached Resolution. Page 47 of 152 CITY OF OAK PARK HEIGH'T'S RESOLUTION 10 -01 -01 A RESOLUTION APPOINTING PROFESSIONAL CONSULTANTS FOR THE CITY OF OAK PARK HEIGHTS IN 2010 BE IT RESOI.IVED, that the City Council for the City of Oak Park Heights hereby appoints the following consultants for 2010: City Engineer: Bonestroo, Rosene, Anderlik and Associates City Auditor: 'rautges, Redpath, Inc. City Planner: Northwest Associated Consultants City Attorney: Eckberg, Lammers, Briggs, Wolff & Vierling City Arborist: Plant Health Associates Passed by the City Council of Oak Park I- leights this 12th day of January, 2010. David I eaudet, Mayor A`I" TEST: _...- - - -------- - - - - -- — Eric A. Johnson, City Administrator Page 48 of 152 2335 Idighway 36 W St. Paul, MN 55113 Tel 551- 636 -4600 Fax 651. 636 -1311 www. bonestroo.com December 17, 2009 r Bonestroo Eric Johnson City of Oak Park heights 14168 Oak Park Blvd, P.O. Box 2007 Re: 2010 Rate Schedule Dear Eric, First and foremost we would like to take this time to say thank.you for allowing us to provide you With our professional services over the past year. Your continued commitment to utilize our services to help your community reach your desired goals and visions Is greatly appreciated. With the increasing challenges being brought on to our municipal clients by the existing economic conditions together with the severe drop in local government aid we are proposing to have a zero percent increase in our rate schedule for 2010 similar to 2008 to 2009. We understand the difficult situations our clients are experiencing. With resources being tight for everyone, we will continue to work to provide the best value solutions for each of our clients' particular situation. We are committed to keeping our technical capabilities innovative and efficient. Enclosed please find our 2009/2010 fee schedule. Our 2010 fee schedule will use our 2009 rates. We hope that this will help in setting your budgets for the upcoming year. We highly value our relationship with you. We will continue to focus our efforts on providing the City with high quality service. Please do not hesitate to contact us with any questions. We look forward to continuing our services to you in 2010. Sincerely, I BONESTROO i� Christopher W. Long, P.E. 651 -604 -4808 Attachments: 2010 Rate Schedules (Municipal and Private Developer) E 2010 RATE SCHEDULE (Private Developer review and inspection) Classification_ 201 � Senior Principal $ 140.00 - $ 199.00 Principal $ 135,00 $ 177.00 Project Manager $ 129.00 $ 166.00 Senior Geologist $ 112.00 $ 159.00 Senior Engineer j Scientist I Architect Il.andscape Architect I Planner $ 112.00 $ 150.00 Architect I I.anciscape Architect $ 112,00 $ 148.00 Land Surveyor $ 110.00 $ 162,00 Engineer i Planner I Geologist $ 93.00 $ 137.00 Scientist $ 93.00 $ 127,00 Designer J GIS I Landscape Designo rj Graphics $ 89.00 $ 118,00 Engineering Technician I Senior Project Tecmician $ 77.00 $ 115,00 Project Technician $ 52.00 $ 77.00 Field Supervisor $ 91.00 $ 159.00 Crew Chief $ 80.00 $ 115,00 Inspector $ 75.00 $ 104.00 Survey Technician $ 55,00 $ 76,00 GPS Survey Equipment $ 39.00 Total Station Equipment $ 29,00 G.6 Workstation Equipment $ 23.00 GPS Submeter Unit (per use) $ 82.00 Flow Meter (per week) $ 205.00 Air Detection Equipment (per half day) $ 26.00 Rates for mac ket experts, such as Principal Planner, Urban Designer and Market Analyst, will be quoted on a per project basis, These races are adjusted annually in accordance with the normal review procedures of Bonestroo. 33 of 37 Page 50 of 152 7010 BATE SCHEDULE (Municipal) Classification 2010 r . Senior Principal $ 125.00 - $ 159.00 Principal $ 119.00 $ 149.00 Specialist* $ 110.00 $ 22£3.00 Project Manager $ 115.00 $ 144.00 Senior Geologist $ 125,00 $ 149.00 Senior Engineer) Scientist j Architects Landscape Architect I Planner $ 110.00 $ 144.00 Architect I landscap(� Architect $ 99.00 $ 119.00 Land Surveyor $ 05.00 $ 144.00 Engineer I Planner j Scientist I Geologist $ 83.00 $ 119.00 Designer GIS I Landscape Designer )Graphics $ 83,00 $ 104.00 Engineering Technician I Senior Project Technician $ 65.00 $ 98.00 Project Technician $ 44,00 $ ti1.00 Field Supervisor $ 88,00 $ 135.00 Crew Chief $ 68.00 $ 101,00 Inspector $ 67.00 $ 92.00 Survey Technician $ 46.00 $ 61.00 GPS Survey Equipment $ 38.00 Total Station Equipment $ 28.00 GIS Workstation Equipment $ 22.00 GPS Submeter Unit (per use) $ 80.00 Flow Meter (per week) $ 7-00,00 Air Detection Equipment (pei half clay) $ 25.00 x Specialist: Experts in highly technical disciplines including Principal Planners and Market Analyst. These rates are adjusted annually in accordance with the normal review procedures of Bonestroo. 34 of 37 Page 51 of 152 ECKBERG ' LAMMER -S A F J O R N V Y S A I LAW Stillwater Office: WY•iter's Direct Dial: 1809 Northwestern Avenue (651) 351.2118 Stillwater, Minnesota 55082 Writer's E -mail: (651) 439 -2878 mvierliug [t,)ecicbe:,glarnaners.com Fax (651) 439 -2923 July 21, 2009 Hudson Office; 2417 Monetary Boulevard Hudson, Wisconsin 54016 Judy I - Iolst (715) 386 -3733 City of Oak Park Heights Fax (651) 439 -2923 14168 Oak Park Blvd N, Box 2007 Oak Park Heights, MN 55082 www.eckberglaininers.com Re: City of Oak Park Heights - 2010 Tee Structure Our 1 { ile No.: 01501 -00545 JUL 2 4 2099 Dear Ms. Holst: Knowing that at the present time, the City is engaged in preparing its budget for 2010, we are advising you that it is our intent to, effective January 1, 2010, have our charges for civil work done on behalf of the City be changed, or increase from the 2009 level. At the present time the City is paying the following: Per- meeting charge: $140 /hour Civil work: $135 /hour Both of these charges are based on non- litigation work. For calendar year 2010, our fees will be as follows: Per - meeting charge. $150 /hour Civil work (non - litigation): $140 /hour Legal Research and paralegal time $125.00 per hour Photocopy expense $ .20 per page Fax expense$ .50 per page outgoing /$1.00 per page incoming As with past years, matters in civil litigation and appellate work will be billed at our prevailing hourly rates for attorneys and staff within this office. The City has a multi -year contract with this firm for criminal prosecution services, and those rates will remain in place per the schedule provided. If you have any questions in the matter, please feel free to contact me directly. I c;t:l ERG. 1,AMMEizs. Biziccs, Nvoi,i r & VfERIANG, rf.0 Family Law / Divorce a Business and Commercial Law a Criminal Law P Personal Injury / Wrongful Deati Page 52 of 152 L:state Planning 1 Probate a Real Estate o Land Use Law • Mediation ® Municipal Lavv Civil Litigation Judy Holst July 21, 2009 Page 2 Yours very t Mf Vier hng MJV /ndf Page 53 of 152 This Page Is Left Intentionally Blank. �V 1 Page 54 of 152 r. Oak Park Heights Request for Council Action Meeting Date: January 12, 2010 Agenda Item. "title: Kott Plumbinvy 2010 home Occupation Permit Renewal Time Required: I Minute Agenda Placement Consent Origiiiatingl)epartmeiit/Requestor: Julie Hultman, Administration Requester's Signature Action Requested Am)rove 2010 Home Occupation Permit Renewal Background/Justification (Please indicate any previous action, financial in including budget information and recommendations). Per City Ordinance, Home Occupation Permits require annual renewal, David Kott, operating as Kott Plumbing at 15118 64"' St. N. has requested home occupation permit renewal for 2010 for his home based office and has submitted his renewal fee. Page 55 of 152 This Page Is Left Intentionally Blank. , 4 , I I i s Page 56 of 152 I Oak Park Heights Request for Council Action Meeting; Date: January 12` 2010 Time Required: 1 Minute Agenda item Title: Avorove the Grant Award and Agreement with the MN Dent. of Af4riculture for Emerald Ash Borer Planninv and Prmaredness. Agenda Placement: Consent AL)endra - Originating; Department/Req r�stor:; f Johnson, City Administrator Requester's Signature: Action Requested : See 1304w. 13ackgre�uncl /Jttsti cation,(Ple c indicate if any previous action has I7eert taken oz if outer public bodies have advised._ The City has been informed by the MN Dept of Agriculture that it has been awarded a $20,000 grant for the implementation of Emerald Ash Borer - -- `free Replacement as prepared and submitted by Kathy '13Flidin, City Arborist. In total, the project is to remove AND replace approximately 60 Ash 'frees (8.75 %t of total ASI I) now located on the City' s boulevard and /or parks. Please see the attached .Appendix A for a full summary of the application. The total award is less than initially requested, ($25,000), due to the volume of grant requests to the Department. The City is required to provide a grant match of $8,988.00. This amount was anticipated and been allocated in the 2010 Budget. Requested Action: Accept the grant funds as awarded and authorize staff to execute the necessary Grant Contract Documents as required. Page 57 of 152 f Appendix A .� The City of Oak Park Heights proposes to remove and replace 60 ash trees on boulevard rights-of-way and in parks within the city as the beginning of a structured removal of the approximately 700 ash trees which have been planted on public property. These 700 ash planted along boulevards and in parks represent approximately 40% of public trees. Ash trees would be inspected by the city arborist and trees to be removed would be determined on the basis of: condition (decline, decay, defects, storm damage), form, placement (near power lines or buildings or with restricted rooting area). Trees would be removed throughortt the city, not just from one area, and would be completed in two lots of 30 trees each during the winter months. Site restoration (stump grinding, black dirt and grass seed) would be done in each area where a tree is removed. Trees of a variety of native deciduous species (2.0 -2.5 in. B &B stock) would be planted in Aug. 2010 and May 2011. A tree service has already been chosen through competitive bid to do both the removals and the tree replacements. An educational seminar on emerald ash borer (EAB) presented by the city arborist would be offered in spring 2010 to area residents. Other educational information about EAB would be in each issue of the city newsletter. Before tree removal begins, letters would go out to residents outlining the reasons for the removals and giving residents who are losing a boulevard tree an opportunity to choose the type of replacement tree planted on the boulevard.. Project Objectives: I . Remove 8.57% of ash on public property in structured removal to reduce EAB habitat and spread out costscosts. 2. Choose trees to be removed on basis of condition, form and location 3. Replant areas where ash are removed using a variety of native deciduous species or cultivated varieties of natives 4. Educate staff and residents about E.AB via city newsletter, televised cornmission /council meetings and seminar 5. Work with residents to identify EAB on private property and make recommendations re: management to slow spread of EAB The goals for this project are to: a) slow the spread of the insect through the community b) spread costs of ash removals and replacements on public property over a number of years c) educate staff, council /commissions and residents re: EAB and its management Project Objectives: are listed above on p. 1. Abilities and Authorities to accomplish project: The City of Oak Park Heights has the following abilities and authorities to accomplish this project: I . a structured program of boulevard and park tree maintenance (inspections, pruning, removals, re- planting) 2. a completed inventory of trees on boulevards and in park active areas 3. a municipal arborist (professional forestry consultant) (hired in 1998) who is familiar with the trees in the city 4. a pro - active staff, City Council and commissions who value trees 5. a commitment to the tree resource within the city (e.g. tree program and Tree City, USA status for 26+ years) 6. prior experience in carrying out grant work to successful completion 7. budgeted funds to carry out tree removal, maintenance and tree planting and to provide a match to leverage additional funds to help achieve goals of the EAB management program 8. the city has an EAB Management Plan approved by the City Council in October 2009 (available upon request) Specific Problem to Address: management of costs of removal and replacement of ash (which represent 40% of trees on public lands) in anticipation of widespread mortality of these trees from emerald ash borer How does project Fit into long -term plans for the City of Oak Park Heights (OPH): The city has a long commitment (over 30 years) to trees within the community, both on public and private property. OPH has been a Tree City, USA for 26 years, an award which indicates their interest in, and commitment to, the community Grant (Rev. 11108) 6 Page 58 of 152 forest. Rotational pruning of boulevard trees was begun in 1998, with boulevard trees in a different area of the city being pruned each winter. Tile city had a tree inspector for years and this position was upgraded to municipal arborist in 1998 and included a range of additional duties and responsibilities including a tree protection ordinance, tree protection and planting guidelines, inspection of landscape installations as part of regular inspections during development, educational seminars and site visits to residents. 'fire city has dealt with Dutch elm disease and oak wilt and BAB is just the newest in a line of insect and disease pests which they are planning for. OPH stopped planting ash trees on public property several years ago and the arborist also recommended that development projects plant a variety of species and avoid ash in anticipation of BAB arrival. OPH will continue to plan and budget for tree maintenance and planting within the community for years to come. The City Council is firmly behind this project and approved applying for BAB planning and preparedness finds at their council meeting Nov. 10, 2009. Environmental Benefits: The benefits will be removal of a portion of the ash on public property which will mean fewer standing dead trees once EAB arrives. Removal of trees in large batches will mean fewer trips for heavy equipment to and from OPI -1. Trees which are removed will be replaced with new trees which will help to restore some of the environmental benefits that will be Iost with the removal of the larger ash. The smaller trees will also mean that the boulevard and park trees in each area of the city will be a mixed age stand. With a greater diversity of tree species and ages there will be more food and habitat benefits for wildlife. How Changes Will Affect the City Budget: Similar to other communities in Minnesota and elsewhere, OPI-I has had to make some difficult decisions re: the city budget and what city projects, maintenance and services to residents it can fund. The city has continued to budget for tree maintenance and forestry consulting during these difficult times because of their commitment to the trees in the community. Because they have had the foresight to plan and budget for tree maintenance, they are willing and able to provide a 44.94% cash match for grant funds to assist with the necessary changes because of EAB. Summary: The City of Oak Park I- leights would like to spread out the expected removal of ash (40% of trees on public property) to ease demands oil staff and the city budget. Great demands oil both are anticipated if the city does not do structured removal of ash over a period of years. Tile city would also like to diversify their community forest with other native tree species. The city wants to be able to provide additional education and resources to their residents in regards to EAB. Timeline: (on p. 7 and synopsis here) Winter 2010 - dormant season inspection of ash on boulevards and in parks to choose trees to remove Late Winter 2010 - remove first group of 30 ash trees Spring 2010 - educational seminar to area residents on EAB and it's management Summer 2010 - growing season inspection of ash on boulevards and in parks to choose trees to remove Late August 2010 - plant first replacement trees Winter 2010 -11 - remove last group of 30 ash trees Spring 2011 - plant last replacement trees Project Design: Plan, Implementation, Equipment, Supplies, Materials: The plan for which the city is requesting grant fiends is to remove about 8.57% of the ash from boulevard and park active areas in the first part of a structured removal of ash in anticipation of the arrival of emerald ash borer in Washington County in the next several years. Trees, B &B stock (2 -2.5 in. cal.), of a variety of native deciduous tree species, will be planted as replacement trees. The city plans to implement this plan with the assistance of a contracted municipal arborist, Dr. Katharine Widin, to do the tree inspections, educational and outreach ]materials, including a seminar for area residents, and preparation of removal and planting specifications and site lists. A contracted tree service, St. Croix 'free Service, will remove trees, do stump grinding and site restoration and plant replacement trees. Some office time for city staff is included to send out notices and other Grant (Rev. 11108) 7 Page 59 of 152 information to residents, and some public works horn's are included to water new trees after planting. The city, or the municipal arborist, will provide audio- visual equipment for the educational seminar and computer and copier to create some outreach materials. Equipment to be used to remove and replace trees will be provided by the tree service. Some office supplies and field materials (marking paint, stakes) will also be needed. Size of Area and the Population Affected: The City of Oak Park Heights (1.75 sq, mi.) and city residents (1,750). The city is located just south of Hwy. 36 and the City of Stillwater, in Washington County. This program has the potential to also reach hundreds of residents in neighboring communities via broadcast of city meetings and the educational seminar on local cable access and through articles in local newspapers. What sets this project apart? : The proactive nature of the project, using thorough, well - thought -out plans rather than just a reactive response or a "wait and see" attitude regarding this pest. Inspections of trees carried out in both dormant and growing season to identify trees which have structural issues and also those with thinning canopy and decline symptoms. The use of a tree service which can serve as not only the removal contractor but also the tree planting contractor. The commitment of this city to its trees, and the wise use of public funds. The educational component which is often lacking in infrastructure projects but which can ease public concerns about tree removal and an invasive pest. Project Management and Coordination: Project management and coordination will be handled by the municipal arborist, Dr. Katharine Widin, in close communication with city staff, council and commissions, and the tree contractor. Evaluation: To evaluate file results of this project and whether or not the city achieved it's goals, we would do the following: a) Slow the spread - once EAB hits city, monitor areas of city where EAB is observed and the number of infested trees which have to be removed, then compare infestation levels and tree removal in areas where more boulevard and park ash trees were removed vs. areas where fewer ash were removed. If fewer ash have to be removed in areas where more boulevard and park ash were taken out during structured removal, it would be one indication that the structured removal was effective. If data is available from communities of similar size and percentage public ash trees, which did not do a structured removal, we could compare losses in OJITI to losses in that community. b) Spread out removal/replacernent costs - compare costs of removal /replacement over years of structured removal, before LAB becomes widespread, to costs after it becomes widespread. If costs are fairly steady (allowing for inflation) we would know that structured removal was effective in spreading out the removal /replacement costs. c) Education of staff and residents - achievement will be measured by the number of calls and requests for site inspections the municipal arborist receives from residents and staff related to emerald ash borer. If staff and residents are contacting the arborist re: EAB and asking for confirmation of infestation and management information, the educational program has been effective. Program Manager Qualifications: Katharine D. Widin, Ph.D., Plant Health Associates, Inc. 1. M.S. & Ph.D. degrees in Plant Pathology, Univ. of Minn. 2. municipal forestry consulting in Twin Cities area for 26 years 3. ISA Certified Arborist 4. Certified Tree Inspector - Minn. 5. trained Forest Pest First Detector 6. contract Municipal Arborist in Oak Park Heights since 1998 7. experience with grant writing for urban forestry projects with successful grant work implementation and completion since 1986 H Grant (Rev. 11/08) Page 60 of 152 COOPERATOR I RELATIONSHIP DISCUSSION OF CONTRIBUTION City of Oak Park Heights owner /manager of public trees 44.94% noon -state cash match for contracted services 1. START DATE END DATE ACTIVITY (MM/YY) (MM/YY) 1. 1st Inspection of ash trees on boulevard rights -of -way and in park active areas 02110 03110 2. Removal of marked ash trees frorn '1st inspection; site restoration 03/10 04/10 3. Educational seminar on EAB for area residents and city staff 04110 04/10 4. 2nd Inspection of ash trees on boulevard rights -of -way and in park active areas 06110 08110 5. 1st Planting of replacement trees of a variety of native deciduous tree species 08/10 08110 G. Removal of marked ash trees from 2nd inspection; site restoration 02111 03111 7. 2nd Planting of replacement trees of a variety of native deciduous tree species 05111 05/11 Granf (Rc�. 13108) 9 Page 61 of 152 i Oak Park Heights City Council Meeting 11/I8/09 l(oom: R000\4tioo ill support of' grm lit annicm\m) for emerald ash borer (2A8) planning & preparedness fboda 2010 Forest Protection Reserve — Planning and Preparedness Grants Program / Requested By: l{o1hvVVidio ArborivL City oy Oak Park Heights BACKGROUND INFORMATION: The ernerald ash borer is a non-native insect which has killed millions of ash trees in the state of Michigan and elsewhere in the U.S. and Canada. it was ooufirou*d to be present in St. PovL MN in May 2009 and it is anticipated that it will, within u few ycurx, spread throughout dzo 'rwio Ci{ins orou iuoludiuglPanbio8ton Count) and eventually tb»oo8bnut the state. Ibcre is no resistance to this insect iuun1ivoxmbtrees, and all uxb xynvieo in Minnesota are susceptible. /\competitive goxo1 program, the 2O[0 Forest Protection Reserve Planning and yropmo:duoxu Grants ynn#rnom, has been announced by tile Minn. Dept. of Agriculture. This grant program is designed to provide funds to local units otgovernillent and other eu{idov in the state for planning and preparedness actions for the anticipated iuvxoinu by dboenuonx}d oob borer. /\oplicu1inux for these grants are don l ]/20/OV and the grant period would nun from 1/ 15/10-5/30/11. This iourohobu/snmmu{ grant and a cash nrin-kind /notch(nmiuinuoru l5Y6o[ total costs) iorequired for this grant. The City pfOak Park. Heights, because of the long term and well 'dcv:|oPed forestry pro8,uco within tile city, the boulevard {rcu inventory ooruy|oted iu20O6and the recent adoption of an E Ash Borer Managoniont Plan.. is ina vory good position to apply for grant funds, Structured removal of 5% or morc of tile ash trees ill a conin)i each Year is one management tactic recommended by experts ko reduce ibeooioquto{ food material xvoil«hl^tn this pest and 1u spread removal uox<o out over time, mo that the numuruooity is not overwhefined with removal actions and costs all within a year or two. Funds - fronuthis grant program couyhn used I�or removal o{ currently healthy oab trees on boulevard rights-of-way and in parksand other public lands in advance of an EAl5 iuteotutiou. Funds may also he used for planting rop]ouon bo^o of diverse al)eoiox, when planted in locations oil public lands orrigb\x'o/-woy nnm, to where ooh were removed. SUMMARY OF THE PROPOSED GRANT APyLlC AT ON Grant Applicant: City 0f Oak Park Heights Contractors and Their Roles: l. Katharine Widiu, pb.D. Municipal /\rhmio{ Pro Manager — prepare gr8ut app identify trees tnbermnoveJ/nznaced � coordinate project activities, uonoinoui1y outreach a ctivities, prepare interim and filial reports | ' � Page 3omsz � Page oom1no � 1'ot'est 1'rotectiott Reserve Grant Application 11/09-2 2. A tree care company (such as St. Croix Tree Service for example) removal, stump grinding and site restoration, planting of replacement trees Pi -oject Timeline: Winter 2010 — identify ash trees to be removed (trees with poor forte, defects, risk factors etc.) Winter & Spring 2,010 — outreach (sen7inar, letters to ad property Owl ;ers, newsletter articles) Winter and Spring 2010 -- removal of first group of ash late August 2010 — planting of l" group of new boulevard and park tree's Winter 2011 -- removal of 2" ` group of ash early May 2011 - planting of new boulevard kind park trees PI Costs: W. `) ), (based on 100 €roes which would constitute 16 %of asli trees ill bouievard and park areas} Ave. 'T'raiik Diameter- 12 in. dbli Arborist: i)spectiom /records. outroach arld reports Tree Service: Removal of irce & debris Site Restoration - stump griming, Mack( dirt and grass seed I'laoti)ig of replacement tree's ().5 in, container stock, mulching, Stalin„ 1 yr. ;tlaratttee) Colztrac:tcd No. ofHours [Yak>x>t Match Services of Cost {25'%casl>I � atclr -..__ -- _ ............... _..__..__._.__.. _......__......._.....__.._. Ai- borist ill spectiottshccords 30 hrs. $1,440. $2.196. $732, , Oritreach 25 firs. $1,200, 1 { )rts 6 lir's. = 288. Contractor Wol'k — H ired 1±it•In t of ash $17_ 1.ea == $12,100. $23,775. 4:7,025. site restoration $ 56. ea. $5,600. tree planting; $140. ea. $14,00 Totals $34,628, $25,971. $8,657. Page 37 of 52 Page 63 of 152 This Page Is Left Intentionally Blank. �4 2 1 Page 64 of 152 i Oak .Park Heights � f �� s . v Request for Council Action Meeting Date January 12, 2010 Agenda Item Design Guidelines Update -- Set Joint Worksession with Planning Commission Time Req. _0 Agenda Placement Old Business Originating Department /Requester Administration/Eric Johnson Requester's Signature Action Requested Schedule Joint Worksession Background /Justification (Please indicate any previous action has been taken or if other public bodies have been advised). At their December meeting, the Planning Commission suggested scheduling a joint worksession with the City Council to continue discussion on the Design Guidelines Update. I suggest that the meeting; be scheduled for 6:15 p.m. on "Thursday, January 14, prior to the Planning Commission meeting. Page 65 of 152 This Page Is Left Intentionally Blank. )y J :R I I Page 66 of 152 E Oak Dark Heights Request for Council Action Meeting Date January 12"' 2010 Time Required: 3 Minutes Agenda Item Title: Authorization to Offer 24-week Local Government Internship —Teri). Position Agenda Placement New RYor" s Originating Departrnent/Req FT John son, City Administrator Requester's Signature Action Requested See I3'clow Background /Justification /(Please indicate if any previous action has been taken or if other public bodies have advised): ' In recent years, the City has offered internships to students who are pursuing careers in public administration. This offering has been a 'win -win' as the City takes advantage of inexpensive but dedicated labor to accomplish projects that may have otherwise not been completed; while the student gains valuable work experience. An intern does tend to have greater dedication and resolve to perform well, as compared to a temp service appointment to accomplish similar tasks, as are intern would be working for more than just the paycheck, instead also seeking a quality experience and future references. The City's last intern was Mr. Austin Blees. Mr. Blees did a fine job for the City has parlayed his experiences in into full -time employment with the City of wells, MN as their Director of Community Development. If approved, we would again offer a wage of $10.00 per hour/ 15 hours per week (two days Wed & FRI), and will cap total costs at approximately $5,000 which will offer a 24 week program when FICA and a few miscellaneous items are included. The 2010 budget does allocate resources in "temporary labor /services ", but since this person would be working across departments, these costs will be shared throughout the City and are well within 2010 budget: capacity. Please note, that with the new City Nall construction and anticipated moving preparations, additional help will he welcome simply in terms of answering the phone, covering the front desk, party-in-the-park, possible park projects etc. Other Anticioated Proiects: ® work with appointed staff subcommittee on file digitization. (we are perhaps 30% complete) ® Work w/ MET Council to eliminate unused BUS STOP signs, possible relocate benches to City Trail systems. Assist in Emerald ash Borer Meetings & Implementation. ® Attend various meetings & provide general administrative help — needed in the summer; b Depends on the skills they bring to the City. Recommendation / Requested Actions: Authorize the re- establishment the Local Gov. Internship Position for a period of from approximately April through September 2010 and authorize the City Administrator to advertise and interview candidates with final appointment to be subject to final City Council approval. Page 67 of 152 This Page Is Left Intentionally Blank. I I E I Page 68 of 152 Oak Park Heights < ; Request for Council Action Meeting Date January 12` 2010 Time Required: 5 Minutes Agenda Item Title: Summer Park Pro2ramminy, - 2010 Agenda Placement New Business ; Originating Department/P Pequr' ter ` Evic Johnson, Citv Administrator Requester's Signature Action Requested See bel6r4 ;i Back round /Justmficationi(Please indicate if any previous action has been taken or if other public bodies have advised)- On Monday, December 21 2009 the Park Commission met with Ms. Gina Zeuli to discuss possible ideas and budgets for possible upcoming 2010 summer programming. Many of the same events are hoped to be repeated along with several new ideas. The goal is to move from 9 events to approximately 17 events. (see Appendix A of the "Position Offer ") The 2010 budget for Summer Park Programming is $11,770; $5,000+/- in wages, the balance for operations. The wakes amount is proposed to be increased from $3,000 to a maximum. of $5,000 due to the significant jump in the number of events sought by the Park Commission. 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 no anticipated PERA contributions as the position) I have enclosed a DRAFT agreement which includes a Listing of Proposed Summer Events, Recommendation: Authorize the holding of the Summer Park Programming for 2010 consistent with the proposed event schedule and authorize the City Administrator to negotiate and finalize a salary rate. "Also attached is the "attendance record" of the 2009 summer events — excluding twos`* Page 69 of 152 City ®f Oak Park Heights 14168 Oak Park Blvd. TAI o Box 2007 ® Oak Park I leights, MN 55082 Phone (651) 439 -4439 ® Fax (651) 439 -0574 January 13, 2010 TO: Ms. Gina Zeuli FROM: Eric Johnson, City Administrator RE: Position Offer Dear Ms. Zeuli: At this time, the City is extending to you an offer of temporary employment for the Summer of 2010, as the Summer Park Events Coordinator extending from June 5th thru approximately September 10th, 2010. (Also pending a traditional Background Check by the City Police Department). The duties anticipated are generally found in the attached job description and require you plan and execute six (6) "Family Focused" Events and 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). 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 15 11, 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 Party Events Coordinator (See Job Description — enclosed as Appendix 8) Total Gross Salary: $5,000,00 Fringe Benefits: None Start! End Date: June 5th, 2010 _ Septemberl0th, 2010. Please sign below (and return to my attention) acknowledging your receipt and acceptance of this position and its general scope. Ms. Gina Zeuli (Gina: Please complete the attached forms in Appendix C: W -4; 1 -9 and Background Check waver and return these to me) Page 70 of 152 APPENDIX Ao Oak Park Heights Summer Programming o 2010 Page 71 of 152 Summer Park Programming 2010 Kick off event -- Family Bingo, June 5th or 12 at Brekke or Autumn Hills Park Concert i n the Pa rk - J u ne 17 11 ' Art and Craft in the Park (Tuesdays): June 22 Sand Art June 29 Monarch Butterfly (Possible DNR involvement) July 6 Wood Painting July 13 Flower Pot Decorating July 27 T-- -shirt Art August 3 Bookmaking? August 10 Natural Beading? August 17 zoo Mobile or Rapture Center? August 24 Nature walk and drawing Movie in the Park (last Thursday of the month): June 24 July 29 August 26 we have purchased the screen and popcorn popper of Page 72 of 152 Possible it would be great to look into purchasing a projector or speakers. Party in the Park: August - table with activities and information Sport Clinics: T -Ball Clinic - ) une 16, 17, 18 Or Soccer Clinic - August 16, 17, 18 Other possible activities Disc Golf Tournament? repeat the Bingo in the Park? Activities in 2009 - 4 family focused activities 5 chip focused activities Activities in 2010 - 6 family focused activities 13 chip focused activities Page 73 of 152 APPENDIX M Job Description Page 74 of 152 CITY OF OAK PARK HEIGHTS "TITLE: EVENTS COORDINATOR OR — (CONTRACTED) DEPARTMENT. PARKS REPORTS TO- CITY ADMINISTRATOR OR SUMMARY OF POSITION Under general direction, coordinates and plans special events and activities in City Parks to enhance the City's community relationship. Performs other related duties as assigned. ESSENTIAL 3013 FUNCTIONS 1. Plans, organizes, coordinates, promotes, and facilitates special events at City parks; 2. Schedules and maintains communication with speakers, vendors, and participants; 3. Coordinates and monitors event timelines; 4. Assists in preparing a variety of publications, materials, and programs for events; S. Coordinate fundraising efforts, including; soliciting donations, sponsorships, and prizes f« r raffles and other events; 6. Designs posters, fliers, displays and other public relations releases; 7. Attends meetings to report on program activities; S. Fxplains policies and procedures for use of City parks to clients and the general public; 9. resolves problems or complaints from clients or the public in accordance with established policies and procedures; 10. Opens and secures facilities before and after events; 11. Writes event reports noting attendance, times, and significant problems; 12. Maintains communication with law enforcement and emergency medical services in order to inform them of potential situations that may have an effect on their department or on the City in general; and 13. Performs other duties as may be required or assigned. Page 75 of 152 KNOWLEDGE, SKILLS, AND ABILITIES Ability to direct and manage the work activities of multiple support staff groups and satisfy the contract requirements for events; ® Ability to plan, service, and supervise a variety of events; * Ability to anticipate equipment and other needs for individual events; Ability to effectively plan one's own work and the work of others; * Ability to work independently and to meet deadlines; ® Ability to work as a member of a team; ® Ability to supervise others; ® Ability to follow oral and written instructions; * Ability to communicate effectively, both orally and in writing; ® Ability to develop and maintain effective working relationships with a wide variety of people; ® Ability to exercise initiative;, discretion, and independence of judgment; Ability to work effectively under pressure and competently handle a number of different tasks at one time; ® Ability to plan and perform duties with only general minimum supervision; and Ability to establish and maintain effective working relations with co- workers, City officials, and general public EQUIRED QUALIFICATIONS ® High school diploma or equivalent ® Three (3) years of customer service and/or public relations experience; or a combination of education and /or experience that is accepted as equivalent ® Valid driver's license DESIRED QUALIFICATIONS 0 Experience with city, county, or related government park agency Page 76 of 152 • Previous experience in public relations or event planning highly desirable • Knowledge of City parks OTHERITEMS a Employees in this classification work irregular hours, evenings, and weekends. PHYSICAL DEMANDS 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. WORK ENVIRONMENT While performing the duties of this job, the employee will work in outside weather conditions (from extreme cold to extreme heat), Noise level in the work environment is usually moderate to loud, although the ability to work with comtant noise distractions is required. Please Note: 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. 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. Page 77 of 152 APPENDIX Ca Additional Employment Documents Page 78 of 152 The following named individual has made application with the City of Oak Park Heights for employment: Last name of Applicant: First Name: Middle: Maiden, Alias or Former: Date of Birth: Gender (M or F): Social Security Number (optional): I authorize the City of Oak Park Heights to conduct a background investigation. I also authorize the Minnesota Bureau of Criminal Apprehension to disclose all criminal history record information to the City of Oak Park Heights Police Department for the purpose of employment with the City of Oak Park Heights. The expiration of this authorization shall be one year from the date of my signature. Signature of Applicant Date Notary Signature Date If applicant is under 18, parent or guardian must sign below authorizing the background check and criminal history. Parent /Guardian Signature Parent /Guardian Print Name Date Page 79 of 152 OMB No, 1615 -0047; l x])ii 08/31/12 Form 3 -9, Employment Ucpartmcnt of'llomelartcl Security U.S. Citizenship and Immigration Services Eligibility Verification WIYWLI ihNddLIILWIYlY41NY4YVIiYIYYWL 'IYIGIJIJiM'dlil4ilAµLIL IeiVdV6iiYi1W4LIi11KVdL71VIfJ Will i 1WLYYWLYWiLYYYd1YiWAYniIIY111WIYWuYYIYYJVi14YWWUW iWIiYiGLYWiiV YIYYWI YYL' WWW' WWIYLL €4iirip4W44uiYlitiL4WiY'W JVW6VdtlVIIYWiilY4YrYYYWYYWiWYiNVY €IILNYIIIViViiiIJJLLWYiY WYYWtlYW I [Is trUcti0its React all instructions carefully before completing this form. Anti - Discrimination Notice. It is illegal to discriniivate against ill Section 2 evidence of employment authorization that any individual (other than an alien not authorized to work in the contains an expiration date (e.g., Employment Authorization United States) in hiring, discharging. or recruiting or referring for it Document (Form 1- 766)). free because of that individual's national origin or citizenship slataas. 1 r a epar•crl "Translator Certification h is illegal to discriminate against work - authorized individuals. Employers CANNOT specify which document(s) they will accept The Prcparer /Translator Certification must be completed if from an employee. 7'hc refusal to him ran individual because the Section 1 is pl'cpared by a person other than the employee. A documents presented have a future expiration date may also prepar'erltr'ail lator' may be used only when the employee is constitute illegal diserimimaion. For more infornrdion. call the unable to complete Section I on his or her own, However, the Office of'Spmial Counsel for Immigration Related Unfair l ?mployment Practices it 1- 800 -255 -8155. employee must still sign Section 1 personally. Section 2, Employer flat IS the Put poS@ Q't hySEtt ttt? For the purpose of completing this form, the terns "employer" means all employers including those rec €niter's and refer'rer's The purpose of this form is to document that each new for a fee who are agricultural associations, agricultural employee (both citizen and noncitizen) hired after November employers, or farm labor contractors. Employers roust 6, 1986, is authorized to work in the United States, complete Section 2 by examining evidence of identity and employment authorization within three business days of the date employment begins, I lowever, if an employer hires an individual for less than three business days, Section 2 must be All employees (citizens and noncitizens) hired after November completed at the time employincnt begins, Employers cannot 6, 1986, and working in the United States must complete specify which document(s) listed on the last page of Form 1 -9 Form 1 -9. employees present to establish identity and employment authorization. Employees may present any List A document Y+ttltg QUtQ)11t7 t 012 a combination of a List C3 and a List C document. If all employee is unable to present a required document (or Section 1, Employee If the employee must present an acceptable receipt This part of the form must be completed no later than the time in 1€eu of a document fisted on the last page of this form. of hire, which is the actual beginning of employment, Receipts showing that a person has applied for an initial grant Providing the Social Security Number is voluntary, except for of employment authorization, or for renewal of employment employees hired by employers participating in the USC1S authorization, are not acceptable. E mployces must p €resent Electronic Employment Higibility Verification Program (l receipts within three business days of the date employment Verify). The employee is responsible for ensuring that begins and must present valid replacement documents within Section I is timely and properly completed. 90 days or other specified time. Noncitizen nationals of the United States are persons born in Employers must record in Section 2: American Samoa, certain former citizens of the formel' TrllSt Territory of the Pacific Islands, and certain children of 1. Document title; noncitizen nationals born abroad. 2. Issuing authority; 3. Document number; Elliployers should mote the work authorization expiration 4. Expiration date, if any; and date (if any) shown in Section 1. For employees who indicate 5. The date employment begins. an employment authorization expiration date ill Section 1, employers are required to reverify employment authorization Employers must sigh and date the Certification in Section 2, for employment on or before the date shown. Note that some Employees must present original documents. Employers may, employees may leave the expiration date blank if they are but are not required to, photocopy the docUnlellt(S) presented. aliens whose work authorization does not expire (e.g., asylees, If photocopies are made, they must be made for all new hires. refugees, certain citizens of the Federated States of Micronesia Photocopies may only be used for the verification process and or the Republic of the Marshall Islands). For such employees, must be retained with Form 1 -9. Employees are still reverification does not apply unless they choose to present responsible for' completing and retaining Form 1 -9. Form I -9 (Rev. 08107/09) Y Page 80 of 152 „„..„. YYkIYVHW11WigiYdWdlilldVVWIIAIIdYIVuViiVIiNYJIV�illlUlil�IliY1 €ILLYiItl1dW11dYIIWYiJ „: YWY1WiY�111YAIIMIIYII1rAYilrldlllhiAwVi11i111dWilYk For more detailed information, you may t•efctl• to the Information about I -Verify, a fi•ce and voluntary program that USCIS Handbook for Emplgvers (Fo € M -274). You may allows participating employers to electronically verify the obtain the handbook using the contact information found employment eligibility of their newly hired employees, can be under the header' "USCIS Fortes and Information." obtained from our website at www.uscis.gov /e- verify or by calling 1- 888 - 464 -4218. Section 3, Updating and Reverification Employers must complete Section 3 when updating and/or General information on immigration laws, regulations, and procedures can be obtained by telephoning our National €�everifying Form I -9, employe € - s must reverify employYme€tt Customer Service Center at 1 -800- 375 -5283 or v €siting our authorization Of their employees on or before the work authorization expiration (late recorded in Section i (if any). Internet websitc at www.uscis.fov. Employers CANNOT specify which document(s) they will >. accept from an employee. P>�totflcopytng and R Ltll]Itlg_FOII A. If an employee's name has changed at the time this form is being updatedlreverified, complete Block A. A blank Form 1-9 may be reproduced, provided both sides are copied. The Instructions must be available to all employees B. If an employee is rehired within three years of the date completing this form. Employers must retain completed Fornt this form was Originally completed and the employee is I -9s for three years after the date of hire or one year after the still authorized to be employed on the same basis as (late employment ends, whichever is later. previausly indicated on this form (updating), complete Forst I -9 may be signed and retained electronically, as Block 13 and the signature block, authorized in Department of Homeland Security regulations C. If an e€mployce is rehired within three years of the date at 8 CFR 274a2. this form was originally completed and the employee's work authorization has expired or if a current employee's work authorization is about to expire AON tkm (reverification), contpicte Block 13; and: The authority fb €' collecting this information is the 1. Examine any document that reflects the employee Immigration Reform and Control Act of 1986, Pub. L. 99 -603 is authorized to work in the United States (see List (8 USC 1324a), A or C); This information is for employers to verify the eligibility of 2. Record the document title, (locuntent number and individuals for employment to preclude the milawful hiring, or expiration date (if arty) in Block C; and recruiting or referring for a fee, ofaliens who are not 3. Complete the signature block, authorized to work in the United States. Note that for reverification purposes, employers have the option of completing a new Form 1 -9 instead of completing This information will be used by employers as a record of Section 3. their basis for determining eligibility of an employee to work in the United States. The form will be kept by the employer What �S t1C Ft�iillg Fce� I and made available for inspection by authorized officials of the Department of Homeland fomeland Security, Department of Labor, There is no associated filing fee for completing Forst 1 -9. 'Phis and Office of Special Counsel for Immigration- Related Unfair form is not filed with USCIS or any government agency. Form Employment Practices. 1 -9 must be retained by the employer and made available for Submission of the information required in this form is inspection by U.S. Government officials as specified in the voluntary. However, an individual may not begin employment Privacy Act Notice below. unless this form is completed, since employers are subject to civil or criminal penalties if they do not comply with the USC Y F' ©1rIx1S i�d ln"f6 lfiat Op ;I Immigration Reform and Control Act of 1986. To order USCIS forms, you can download them from our website at www.uscis,gov /forms or call our toll -free number at 1 -800- 870 -3676. You can obtain information about Form 1 -9 from our website at www,uscis.gov or by calling 1 -888- 464 -4218. EMPLOYERS MUST RETAIL' COMPLETED FORM I -9 form 1- 9(Rev.08/07109)Y Paget DO NOT MAIL COMPLETED DORM 1-9T0 ICE OR USCIS Page 81 of 152 Paperwork R�ciactton Act An agency may not conduct or sponsor an information collection and a person is not required to respond to a collection of information unless it displays a currently valid OMB control number. The public reporting burden for this collection of iitfol'matlon is estimated at 12 minutes per response, including the time for reviewing instructions and completing and submitting the form. Send comments regarding this burden estimate or any other aspect of this collection of information, including suggestions for reducing this bm•den, to: U.S. Citizenship and Immigration Services, Regulatory Management Division, 1 l 1 Massachusetts Avenue, N.W., 3rd Floor, Suite 3008, Washington, DC 20529 -2210. OMB No, 1615 -0047. Do not mail your completed Form 1 -9 to this address. Form 1-9 (Rev. 08 OTO) Y Page 3 Page 82 of 152 OMB No, 1615 -0047; Expires 08/31/12 Dep al - tlllent of Homeland Secull -ity, Form I -9, Em ployment U.S. Citizenship and Immigration Services Eligibility Verification 11 1h 1111111111111111 I'll I1 Ili 1111111 11 III 11 1 hl 11I I1 111 li Jh Ili lilt 11 o 1811 JJUIIIIIIn i lLluldi ilJdlill Wllnk AliildiAilli 111 YII InidI118iJi1e11118148 IIIIIIIIJ16 lill illll8lildiidliil il l 0111111, kilillJ 11111 In11111114L11 lhhdlil 1111 II I11 II III II IIIII 1 1111 II I 1II 111, 111111111I11 Ill 6 Ill IA IIIIIJI Read illstru ctiolls carefully befol•e co m pl eting this fol•111. T he instructions must be available d111 Completion of this fol lil. ANTI - DISCRIMINATION NOTICI�: It is i llegal to discrimin against wo i - k- a uthol•ized individuals. E CANNOT specify which docunlellt(s) they will accept f l•om all e 'ne i'e ftisal to h ire an itl(livi(lual because the documents have a future expiration (late may also constitute illegal discrimination. Section 1. Employe. Information a Verification (T be coi Ct7CI.1'ig) Gy en7 cri the lime empl begins.) Print Name: Last First Middle Initial Maiden Name Address (Sove1 Name and Number) Apl. 11 Dale of Birth (morr1lr 1drtt' 1)'cnr) City Slate Zip Code Social Security I I attest, under penalty of perjury. that I ant (check one of the 1'c)llowing): I am aware that fe(leral law provides for iluprisonuletlt and /ol' fines fol• fal se statements o1' ❑ A .ilex n nflltc ilnilccl5lalcs use of false documents ill Connection with tile ❑ A noncitizen national ofthe United States (%cc instructions) completion of this form. ❑ A lawful perma neni resident (Alice 0 ❑ An alien authorized to w[>rk (Alien 11 nr A[hmission 1!) _,........___._.... until (exPiralion [late, if appliealble - month/clat'/1'errr•) Employee's Signature Date (nroalh/da}Ipear) Preparer an(i/or Translator Certification ('!'o be evnrplc led anJ.rigned iJ :S'ecrinrl 1 is prep<rrcd by a person odrer 1lraur the emprnyre.) I a11es1. under penally gJ pe> jrrr)% thal I have assi.sled in the completion (J lhis earn( and Ihar la the be,s1 aJ'aur kiml the igfor'rnatiorr is lave aid covivel. Preparer's Franslatnr's Si naalure Print Name Address (Saver Name and A'ambev. C.'i11°. Stale. Zip Code) Date (aunrllr. /rdrrl- /rear) Section 2. I nlployer Revi.w aitd Verification ('To be completed alul ,sigt7cd by cmplo }rc1. L'xantil7e rnae rlocrrr7ae171 Ji•r>m I i,si;l 0R" v.vamil7e one documem List 13 and not f •on1 List C, as listed mi the reverse of phis form, and record the Lille, miMbel•, (1174 zvpil'atiolz (/Cite, if cm){ of the doc umeni(s).) List A OR I.,ist I3 AND List C Document tide, lssunlg authority: I)OCiklllellt ll', Ispiralion Dale {ifrall): Documem l{', Expiration Dale (ifarry): CI :RTIF ICATION: I Attest, un(lei• penalty of'perjul'y, that I have examined the doculnent(s) 111•esellted by the above - named employee, that the above - listed document(s) appear to 11e genuine and to relate to (he employee named, that the employee began employment on (mouth/d("vlvea1) and that to the befit of my knowledge the CrllployeC is attl111o1•I%ed to W01 ill the Ullited St ates. {State employment agencies play omit the date the employee begall employment.) Signature of finlployer or Authorized Representative I Print Name Title Business or Organization Name and Address (.Srreel A'arne and Number, 01v. Starr. "Lip Code) Date (moirllr /dr)' /yvai) Section 3. Updating and Reverificatiou ('o be completed and sigl7ed b )r emp10 }re1,) A. New Name (ifapplicable) 11, Daic of'Rehhe (amnrh /da }r /perm) (ifal plicableJ C. ]f employee's previous grant o!'work aulhoriza }lion has expired, provide the infornuttion below #m' the doctuslcnt that establishes current employment auilloriz ation. Document Title: Document fl: Expiration Dale (iJ'anl I litt"t, luldel penalty of perjury, that to the hest of lily lints sedge, this eulployee is authorized to wor• is in the United States, and if the employ pt•esented docomellt(5), the doclumellt(5) I have examined appeal' to he genuille and to relate to the individual. Signature of Employer or Authorind Representative Dale (month /da) /year) Form I - (Rev. 08/0710)} Y Page 4 Page 83 of 152 LISTS OF ACCEPTABLE DOCUMENTS All documents must he unexpired L1 ST A 1,IST B LIST C Documents that Establish Both Documents that Establish Documents that Establish Identity and Employment Identity Employment Authorization Authorization OR AND 1. U.S. Passport or U.S. Passport Card 1. Driver's license or ID card issued by 1, Social Security Account ?dumber a State or outlying possession of the card other than one that specifies United States provided it contains a on the faec that the issuance ofthe photograph or information such as card does not authorize 2. Permanent Resident Card or Alien name, date of birth, gender, height, employment in the United States Registration Receipt Card (Form eye color, and address 1-551) 2. Certification of Birth Abroad 2. ID card issued by federal, state or issued by the Department of State 3. f=oreign passport that contains a local government agencies or (Form FS -545) temporary 1 -551 stamp or temporary entities, provided it contains a 1 -551 printed notation on a machine- photograph or information such as readable immigrant visa name, date of birth, gender, height, eye color, and address 3. Certification of Report oI'13irtlr issued by the Department of State — - . ... — ...._. plo ment Authorization Doeument (l`orm I7S -1350) 4. Employment Y 3. School 1C3 card with a photograph that contains a photograph (Form 1- 766) 4. Voter's registration cord 4. Original or certified copy of birth certificate issued by a State, 5. In the case of a nonimmigrant alien 5. U.S. Military card or draft record county, municipal authority, or authorized to Work for a specific _ _____ territory of the United States employer incident lo status, a foreign 6. Military dependent's CD card bearing an official seal passport Willi Form 1 -94 or Form 1-94A bearing the same name as the passport and containing an 7. U.S. Coast Guard Merchant Mariner 5. Dative American tribal document endorsement of the alien's Card 3ronrrmlligrant status, as long as the period of endorsement has not yet 8 Native American tribal document expired and the proposed g Driver's license issued by a Canad' €an 6• U.S. Citizen ID Card (Form 1 -197) employment is not in conflict with any restrictions or limitations government authority identified on the form ��....__ - .-- .._- �.. - - - -- For• persons under age 18 who 7. Identification Card for Use of are unable to present a Resident Citizen in the United document listed above: States (form 1 -179) 6. Passport from the Federated States of Micronesia (i'SM) or the Republic of the Marshall Islands (RMI) with 10. Sell ooI record or report card 8. Employment authorization Form 1 -94 or Form 1 -94A indicating document issued by the nonimmigrant admission under the 11. Clinic, doctor, or hospital record Department of I Security Compact of Free Association Between the United States and the FSM or RMI 12. Day -care or nursery school record Illustrations of many of these documents appear in Part 8 of the Handbook for Employers (M -274) Form I -9 (Rcv. 68 167109) Y 1 5 Page 84 of 152 F ®[ � y MY" /� t ®v[ ®1 Complete all worksheets that apply. However, you payments using Form 1040 -ES, Estimated Tax 1 N n �$ r$ ) may claim fewer (or zero) allowances. For regular for individuals. Otherwise, you may owe wages, withholding must be based on allowances additional tax. If you have pension or annuity Purpose. Complete Form W -4 so that your you claimed and may not be a flat amount or income, see Pub. 919 to find out if you should employer can withhold the correct federal income percentage of wages, adjust your withholding on Form W -4 or W -4P. tax from your pay. Consider completing a new Head of household. Generally, you may claim Two earners or multiple jobs. If you have a Form W -4 each year and when your personal or head of household filing status on your tax working spouse or more than one job, figure financial situation changes. return only if you are unmarried and pay more the total number of allowances you are entitled Exemption from withholding. If you are than 50% of the costs of keeping up a home to claim on all jobs using worksheets from only exempt, complete only lines 1, 2, 3, 4, and 7 for yourself and your dependent(s) or other one Form W -4. Your withholding usually will and sign the four to validate it. Your exemption qualifying individuals. See Pub. 501, be most accurate when all allowances are for 2010 expires February 16, 2011. See Exemptions, Standard Deduction, and Filing claimed on the Form W -4 for the highest Pub, 505, Tax Withholding and Fstimated Tax, Information, for information. paying job and zero allowances are claimed on Note. You cannot claim exemption from Tax credits. You can take projected tax the others. See Pub. 919 for details. withholding if (a) your income exceeds $950 credits into account in figuring your allowable Nonresident alien. If you are a nonresident and includes more than $300 of unearned number of withholding allowances. Credits for alien, see Notice 1392, Supplemental Form income (for example, interest and dividends) child or dependent care expenses and the W -4 Instructions for Nonresident Aliens, before and (b) another person can claim you as a child tax credit may be claimed using the completing this form, dependent an his or her tax return. Personal Allowances Worksheet below. See Check your withholding, After your Form W -4 Basic instructions, If exem ou are not t, Pub. 919, How Do I Adjust My Tax Y p takes effect, use Pub. 919 to sae how the complete the Personal Allowances Worksheet Withholding, for information on converting p your other credits into withholding allowances. amount you are having withheld compares to below. The worksheets on page 2 further adjust your projected total tax for 2010. See Pub. your withholding allowances based on itemized Nonwage income. If you have a large amount 919, especially if your earnings exceed deductions, certain credits, adjustments to of nonwage income, such as interest or $130,000 (Single) or $180,000 (Married). income, or two - earners /multiple jobs situations. dividends, consider making estimated tax Personal Allowances Worksheet (Keep for your records.) A Enter "1" for yourself if no one else can claim you as a dependent . . . . . . . . . . . . . . . . . A._. - e You are single and have only one job; or 13 Inter "1" if: • You are married, have only one job, and your spouse does not work, or B e Your wages from a second job or your spouse's wages (or the total of both) are $1,500 or less. C Enter "1" for your spouse. But, you may choose to enter " -4 -" if you are married and have either a working spouse or more than one job. (Entering " -.0 -" may help you avoid having too little tax withheld.) . . . . . . . . . . C D Enter number of dependents (other than your spouse or yourself) you will claim on your tax return . . . . . . D E Enter " 1" if you wilt file as head of household on your tax return (see conditions under Head of household above) E I Enter "1" if you have at least $1,800 of child or dependent care expenses for which you plan to claim a credit F (Note. Do not include child support payments. See Pub. 503, Child and Dependent Care Expenses, for details.) C Child Tax Credit (including additional child tax credit). See Pub. 972, Child Tax Credit, for more information. e If your total income wilt be less than $61,000 ($90,000 if married), enter "2" for each eligible child; then less " 1 " if you have three or more eligible children. • If your total income will be between $61,400 and $84,000 ($90,000 and $119,400 if married), enter "1" for each eligible child plus "1" additional if you have six or more eligible children. G H Add lines A through G and enter total here. (Note. This may be different from the number of exemptions you claim on your tax return,) ® H For accuracy, • If you plan to itemize or claim adjustments to income and want to reduce your withholding, see the Deductions complete all and Adjustments Worksheet on page 2. worksheets ® If you have more than one job or are married and you and your spouse both work and the combined earnings from all jobs exceed that apply. $18,000 ($32,000 if married), see the Two - Earners /Multiple Jobs Worksheet on page 2 to avoid having too little tax withheld. • If neither of the above situations applies, stop here and enter the number from line H on line 5 of Form W--4 below. - - - - -- - - -- Cut here and give Form W -4 to your employer. Keep the top part for your records- --------------------------- ®q, Emplo Withholding Allowance Certificate OMB No. 1545 -0074 Form Department oI the Treasury 0- Whether you are entitled to claim a certain number of allowances or exemption from withholding is 2010 Internal Revenue Service subject to review by the IRS. Your employer may be required to send a copy of this form to the IRS. I Type or print your first name and middle initial. Last name 2 Your social security number Home address (number and street or rural route) 3 Single 0 Married ❑ Married, but withhold at higher Single rate, Note. If married, but legally separated, or spouse is a nonresident alien, check the "Single" box, City or town, state, and ZIP code 4 If your last name differs from that shown on your social security card, check here. You must call 1- 800 - 772 -1213 for a replacement card. 0- 0 5 Total number of allowances you are claiming (from line H above or from the applicable worksheet on page 2) 15 6 Additional amount, if any, you want withheld from each paycheck . . . . . . . . . . . . . 6 $ 7 I claim exemption from withholding for 2410, and I certify that I meet both of the following conditions for exemption. • Last year I had a right to a refund of all federal income tax withheld because I had no tax liability and • This year I expect a refund of all federal income tax withheld because I expect to have no tax liability. If you meet both conditions, write "Exempt" here . . . . . . . . . . . . . . 0- 1 7 1 Under penalties of perjury, I declare that I have examined this certificate and to the best of my know ledge and belief, it is true, correct, and complete. Employee's signature (Fora is not valid unless you sign it.) 1 Bate lb 8 Employer's name and address (Employer: Complete lines b and 10 only if sending to the IRS.) 9 Office code (optional) 10 Employer identification number (EIN) For Privacy Act and Paperwork Reduction Act Notice, see page 2. Cat. No. 10220Q Form W -4 (2010) Page 85 of 152 corm w -a (2010) Vase 2 Deductions and Adjustments Worksheet 1 Note. Use this worksheet only if you plan to itemize deductions or claim certain credits or adjustments to income. i Enter an estimate of your 2010 itemized deductions. These include qualifying home mortgage interest, charitable contributions, state and local taxes, medical expenses in excess of 7.5% of your income, and miscellaneous deductions . . . . . . . . . . . . . . . . . . . . . . . . . 1 $11,400 if married filing jointly or qualifying widow(er) 2 Enter: $8,400 if head of household 2 $ $5,700 if single or married filing separately 3 Subtract line 2 from line 1. If zero or less, enter " -0 -" . . . . . . . . . . . . . . . . 3 $ 4 Enter an estimate of your 2010 adjustments to income and any additional standard deduction. (Pub. 919) . . . . . . 4 $ 5 Add lines 3 and 4 and enter the total. (Include any amount for credits from Worksheet 6 in Pub. 919.) , 5 $ 6 Enter an estimate of your 2010 nonwage income (such as dividends or interest) . . , . . . . . 6 $ 7 Subtract line 6 from line 5. If zero or less, enter " -0 -" . . . . . . . . . . . . . . . . 7 $ 8 Divide the amount on line 7 by $3,650 and enter the result here. Drop any fraction , . . . . . . 8 9 Enter the number from the Personal Allowances Worksheet, line H, page 1 , . . . . . . . . 9 10 Add lines 8 and 9 and enter the total here. If you plan to use the Two - Earners /Multiple Jobs Worksheet, also enter this total on line 1 below. Otherwise, stop here and enter this total on Form W -4, line 5, page 1 10 Two - Earners /Multiple Jobs Worksheet (See Two earners or multiple jobs on page 1.) Note. Use this worksheet only if the instructions under line H an page 1 direct you here. 1 Enter the number from line H, page 1 (or from line 10 above if you used the Deductions and Adjustments Worksheet) 1 2 Find the number in Table 1 below that applies to the LOWEST paying job and enter it here. However, if you are married filing jointly and wages from the highest paying job are $65,000 or less, do not enter more than "3." . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 3 If line 1 is more than or equal to line 2, subtract line 2 from line 1. Enter the result here (if zero, enter and on Form W -4, line 5, page 1. Do not use the rest of this worksheet . . . . . Note. If line 1 is less than line 2, enter " -G -" on Form W -4, line 5, page 1. Complete lines 4 -9 below to figure the additional withholding amount necessary to avoid a year- end tax bill. 4 Enter the number from line 2 of this worksheet 4 5 Enter the number from line 1 of this worksheet . . . . . . . 5 _..........- _.._.__._____ 6 Subtract line 5 from line 4 . . . . . . . . . . . . . . . . . . . . . . 6 7 Find the amount in Table 2 below that applies to the HIGHEST paying job and enter it here . . . . 7 $ _ -_ ..........___ 8 Multiply line 7 by line 6 and enter the result here. This is the additional annual withholding needed , , 8 $ 9 Divide line 8 by the number of pay periods remaining in 2010. For example, divide by 26 if you are paid every two weeks and you complete this form in December 2009. Enter the result there and on Form W -4, line 6, page 1. This is the additional amount to be withheld from each paycheck . . . . . . . . 9 $ Table 1 Table 2 Married Filing Jointly All Others Married t=iling Jointly All Others If wages from LOWEST Enter on if wages from LOWEST Eater or3 w If wages from HIGHEST Enter on If wages from HIGHEST Enter on paying job are- line 2 above paying job arc- line 2 above ` paying job are- -- line 7 above paying job are- line 7 above $0 - $7,000 - 0 $0 $6,000 - 0 $0 $65,000 $550 $0 - $35,000 $550 7,001 10,000 1 6,001 - 12,000 - 1 65,001 - 120,000 910 35,001 - 90,000 910 10,001 - 16,000 - 2 12,001 - 19,000 - 2 120,001 185,000 1,020 90,001 - 165,000 1,020 16,001 22,000 3 19,001 - 26,000 3 185,001 - 330,000 1,200 165,001 - 370,000 1,200 22,001 - 27,000 - 4 26,001 - 35,000 - 4 330,001 and over 1,280 370,001 and over 1,280 27,001 - 35,000 5 35,001 - 50,000 _ 5 35,001 - 44,000 - 6 50,001 - 65,000 - 6 44,001 - 50,000 _ 7 65,001 - 80,000 - 7 50,001 - 55,000 - 8 80,001 90,000 8 55,001 - 65,000 _ 9 90,001 - 120,000 - 9 65,001 - 72,000 - 10 120,001 and over 10 72,001 - 85,000 - 11 85,001 - 105,000 - 12 105,001 - 115,000 - 13 115,001 - 130,000 14 130.001 - and over 15 Privacy Act and Paperwork Reduction Act Notice. We ask for the information on this You are not required to provide the information requested on a form that is form to carry out the Internal Revenue laws of the United States, Internal Revenue Code subject to the Paperwork Reduction Act unless the form displays a valid OMB sections 3402(0(2) and 6109 and their regulations require you to provide this control number. Gooks or records relating to a form or its instructions must be information; your employer uses it to determine your federal income tax withholding. retained as long as their contents may become material in the administration of Failure to provide a properly completed form will result in your being treated as a single any Internal Revenue law. Generally, tax returns and return information are peson who claims no withholding allowances; providing fraudulent information may confidential, as required by Code section 6103. subject you to penalties. Routine uses of this information include giving it to the The average time and expenses required to comp €ete and file this form wiii vary Department of Justice for civil and criminal litigation, to cities, states, the District of depending on individual circumstances. For estimated averages, see the Columbia, and U.S. commonwealths and possessions for use in administering their tax instructions for your income tax return, laws, and using it in the National Directory of New Mires. We may also disclose this If you have suggestions for making this form simpler, we would be happy to hear information to other countries under a tax treaty, to federal and state agencies to from you. See the instructions for your! ricomo tax return. enforce federal nontax criminal laws, or to federal law enforcement and intelligence agencies to combat terrorism. Page 86 of 152 Summer Park Program Report August 2009 Activities July 24 - Disc Golf Tournament Attendance 37 Ages of attendees 3 to 16, adults Not as well attended as I hoped, next year it will not be schedules Lumberjack weekend. July 28 - Stepping stones and painting rocks at Autumn Hills Park Ages of attendees 2 - 15, adults Approximate attendance 65 -70 Well attended and lots of positive comments. July 30 - Movie in the Park Alt ages attending Approximate attendance 94 -100 Everything went great! All the equipment worked well and it was a nice evening. The face painter was a big hit as was the concessions stand. August 4 - Party in the Park `Fable set up with information about activities and crafts for kids to complete and take with them. Lots of families signed up to receive email information. August 11 - Sand Art at Brekke Park Approximate attendance 64 -70 t Ages of attendees 2 - 15, adults 38 of 51 Page 87 of 152 Wet[ attended and lots of positive feedback on forms. Feedback forms were made available for adults to complete at 8/11 craft in the park. 1. My family enjoyed this activity. All responses agreed 2. This activity was easy to complete. All responses agreed 3. There was enough help to complete this activity. All responses agreed 4. # would tike to attend more park activities. All responses agreed 5. Activities like this should continue next summer. All responses agreed Comments listed; It was so much FUN for the kids, as grandparents we enjoyed watching our grandkids enjoy making a craft that they can use (pen) and have a decoration (bottte) to display in their room. People helping were friendly /energetic. Please keep this program going for future years. Since we come from a middle class family, it is not possible to join in a lot of summer activities. The supplies for a craft project are expensive too. When activities like this are done by a great crew with smiles and affection, it 39 of 51 Page 88 of 152 makes summer great. Please, please keep doing more and more. We love it. All ages enjoyed the sand art! Snacks were great, but not necessary - hand sanitizer please before snacksl Great shady facility on a hot day! My kids loved the sand art!! What a nice touch that the city is offering. The girls were very helpful and worked well with the kids. Suggest decorate foam picture frames with sticky foam decorations. What a great opportunity to meet new people! Very organized and fun. Great staff - polite and helpful, wilt definitely come again, activities fun and unique. 5 stars! ! The crafts were lovely! Great variety in ease to complete do all ages could enjoy it. Even snacks! I really appreciated having such a special activity for my kids. Thank you so much! ! Activities yet to complete: August. 25 Park walk in Valley View, drawing nature August 27 - Movie in the park Autumn Hills 40 of 51 Page 89 of 152 Expenditures for supplies $1161.54 $ 954.36 $2115.90 Amount budgeted $5000 41 of 51 Page 90 of 152 The City of oak Park Heights presents® S ummer "Art i the Park" Events (all even are free - ....:)Ines__- ._. - -.L v¢¢ Cif ,. ............. «_. �a.1_•• . . .. ...,- . ano.Ad. xPa1. •_•— .�• ... • tra.nwvinn August 11 Art in the Park All ages, children b and under must be accompanied by an adult. sand art fun at Brekke Park from 1 oam to 12 pm, Come to the park and make sand art W pictures, jewelry, or bottles! Pre - registration appreciated, email gzeuli with number and ages of children attending. August 251h w Art walk in the Park,' All ages, children b and under must be accompanied by an adult. Nature walk and drawing at Valley View Park from 1 oam to 12pma Cone to the park and walk on the trails then stop to draw some of the things we see' Supplies, water and snack provided! Pre- registration appreciated, email gzeuli @Q c or wi th number and ages of children attendinga ........... 43 of 51 Page 91 of 152 The City of Oak park Heights presents: Family,. Movie N in the Park . . . . . . . . . . . . — anus ax ayrrarrn Come to Autumn Hills Park August 27 for another outdoor movie! Bring your chairs, blankets and bug spray! Free Face Painting will begin at 7:00 pm! The movie showing will be Over the Hedge,! The movies will begin at dusk and popcorn/ beverages will be available - for urchase. l p l YY ^' ^ y < f ;F> :. .., : „d;. > " .:'. li•',tiSix` Aug. 27 >`` t.: Aug. 27 Art 1' 42 of 51 Page 92 of 152 Oak Park Heights Request for Council Action Meeting Date: January 12"', 2009 Time Required: 5 Minutes Agenda Itein Title_ FEMA -- F loodplain Ma Updates — NFIP Participation V, 6 Agenda Placement: New Business Originating Department/Req psior c Johnson, City Administrator Requester's SignaturcC Action Requested Baelmround/Justification (Please indicate if any iwevious action has been taken or if other public bodies have advised)- Please see attached MEMO dated Jan 7 2009 Page 93 of 152 a City ®f Oak Park. Heights 14168 Oak Park Blvd. 1`I e Rox 2007 e Oak Park Heights, MN 55082 e Phone (651) 439 -4439 Fax (651) 439 -0574 January 7, 2010 MEMO TO: City Council Members FROM: Eric Johnson, City Administrator RE: Floodplain Ordinances - FEMA Map Updates As Council Members are aware, the City of Oak Park Heights does NOT participate in the National Flood Insurance Program. This decision not to participate has been in place for numerous years and, I presume, stems largely from the fact that little to no residential properties are anticipated to be impacted by a 100 -year flood due to their elevations or other flood protection measures taken of the time of the development .... such as at Sunnyside. Recently however, FEMA has been working on updating the Base Floodplain Maps (also known as the Flood Insurance Rate Maps - "FIRM "S) for the State of Minnesota. The City has provided information and commentary on this mapping update and effort. The proposed FINAL Floodplain map update is slated to become effective on Feb 3rd, 2010. There appears to be no material deviations in the City of Oak Park heights compared to the former map established in the early 1980's. Related to this update, the City did submit information to FEMA regarding the bridge in lower Valley View Park -- crossing Perro Pond, which could be flooded. Additionally, the City sent correspondence to Sunnyside Marina, Xcel Energy and the MET Council's Wastewater treatment plant advising them to monitor and comment on these map updates. To the best of my knowledge, these groups likely agreed with the proposed FIRMs as the City received no response from these entities, nor did they submit further information. (I have attached copies of such correspondence here to as EXHIBIT A). Largely because of this update, the question has again arisen as to the City joining the National Flood Insurance Program. Page 94 of 152 FEMA generally cites seven (7) "EFFECTS of NON- Participation" see EXHIBIT B. However many of the items noted in this document would practically not affect any homeowner in the City, as there are not homes in Oak Park Heights that are in the floodplain as the City has regulated these issues to date via the City's Riverway District - ordinance 401.34, (Attached as Exhibit C). Carefully note the City's current ordinance does by reference adopt the State standards for Development in the floodplain area, generally lying east of STH 95 and the railroad right -of -way. In examining the new floodplain maps, it would appear that a flood of significant proportions, well beyond the scope of any flood witnessed to date would be required to impact lands west of STH 95. While, there is some possibility of flooding in the Perro Creek area, this would be a very unique and highly unlikely situation considering the topography. Another aspect to consider is how the NFIP processes floods in situations where flooding is not due to a typical flooding event caused in /by the St. Croix River levels; rather how does the NFIP impact home or communities if for example, a water main break floods an area or a localized storm sewer becomes plugged. Certainly, there may be coverage from the City L.M.C.I.T., if the City is found abjectly negligent, however membership in the NFIP may be a required antecedent for private home flood insurance to be either available or in- effect. Lastly, it is possible that in the future joining the NFIP may be mandatory if ANY Federal Aid any disaster aid is to be provided to a city. Current documents appear to only withhold aid to non -NFIP cities for helping in specific areas that are in the floodplain. If joining the NFIP is desired, the City must: 1. Set and hold a Public Hearing on the proposed new Floodplain Management Ordinance (Attached here as Exhibit D) - Proposed Date Jan 26th, 2010. 2e Ultimately adopt the Proposed Flood Plain Management Ordinance, ( €o be completed after the public hearing). 3. Adopt the related "Resolution to Apply to Participate in the National Flood Insurance Program" (Attached as Exhibit E), (To be completed after the public hearing), Page 95 of 152 Exhibit A - Correspondence to Impacted Properties Page 96 of 152 City of Oak Park H eights 14168 Oak Park Blvd. N o Box 2007 o Oak Park Heights, MN 55082 e Phone (651) 439 -4439 Fax (651) 439 -0574 January 4, 2008 Mr. Mark Fritsch Xcel Energy - Plant Manager - Allen S. King Pioof 1103 King Plant Road Bayport, MN 55003 Mr. Rick Chapman General Manager -- Port of Sunnyside Club, Inc. 6413 St. Croix Traif N, Oak Park Heights, MN 55062 Mr. Tim O'Donnell Metropolitan Council - Wosfewater Services 390 Robert Street St, Paul, MN 55101 RE: DHRM Maps Gentlemen; The City of Oak Park Heights has received a copy of the Preliminary Flood Insurance Study Report (HS) and the Flood Insurance Rate Map (FIRM) for Washington County and its incorporated areas. FEMA has asked that the City comment on ony ' non - technical' data such as the placement of new roads, bridges or streams. FEMA indicates in their letter dated Nov 30 2007- as enclosed -, that there are no changes to the previously established flood areas, as there have been no issued letter of Map Changes. However, the City would encourage you to take the opportunity to review these documents as they may have an effect on your properties andlor your site conditions may have changed and FEMA is unaware of the new conditions. Please dive me a call at your earliest convenience so that we can schedule a time for you to review the received materials. Comments on these preliminary maps and rate study must be submitted to the designated contact (as identified by FEMA) not later than Jan 30rh, 2008. Accordingly, I would ask that you submit your comments, it any, fo me not later than January 28 2008. 1 would lastly remind you that the City coos not participate in the National f=lood Insurance Program and thus properties are not eligible to purchase standard flood insurance. Alternatively, these structures may not be required to follow specific construction requirements but it is something to be aware of. If you would like additional information on this topic please contact FEMA - see - t�i11� :: /LwM!w,f�+ "1.�q,�Jovlrat�c��� I arc 7 clrr��nsfnff;�Jittciex ; staiil Please lot me ooh if y6u Cave any questions. One efe #y �; Etc tin an / City d irtistrotor Cc: ckly Notes eb Paige, Washington County Cmr. Management Uirector Don Theissen, Public Works Director Page 6 of 51 Page 97 of 152 / e3� .r�y.-.jrg • 3' City of oak Park Heights 14168 Oak Park Blvd. N o Box 2007. Oak Park 1- Ieights, MN 55082 • Phone (65 439 -4439 • Fax (651) 439 -0574 June 10, 2008 Xcel Energy - Plant Manager - Allen S. King Plant C /O: Mr. Darrell Knutson 1 103 King Plant Road Bayport, MN 55003 Mr. Rick Chapman General Manager- Part of Sunnyside Club, Inc. 6413 St. Croix Trail N. Oak Park Heights, MN 55082 Mr. Tim O'Donnell Metropolitan Council - wastewater Services 390 Robert Street St. Paul, MN 55101 RE: B.F.E. Proposed. -- (Floodplain) Gentlemen: At this time, the federal Emergency Management Agency (FEMA) is in the process of updating the 100 - Year Base Flood Elevations {B.F.E.) so that it may subsequently issue a final Mood Insurance Rate Map, (F.I.R.M.) replacing the 1982 document(s). FIRM maps are more generally known as "100 -year floodplain maps ". Your properties may be impacted to some degree by these revisions, Proposed B,F.E. maps are available at the Oak Park Heights City Hall located at 14168 Oak Park Blvd. Persons who have technical objections to the proposed B,F.E. must provide their objections and technical information supporting the objection to the City of Oak Park Heigh not later than Fridav July 11 th , 2008. Typically, objections to the B.F.E. arise from property owners who dispute that their property is below a certain elevation and which then requires the purchase of flood insurance and /or may preclude varying types of land -use. Objections must also include a completed land- survey from a licensed land surveyor that a given property is incorrectly identified within the proposed B.F.E. I would lastly remind you that the City does not participate in the National Flood Insurance Program and thus properties are not eligible to purchase standard flood insurance. Alternatively, these structures may not be required to follow specific construction requirements but it is something to be aware of. If you would like additional information on this topic please contact FEMA - see - hi iL w- ww. fema ./abovtlprogramslnf &index.shtm Please let Jtor have any questions. Si nce y irator Cc: s Washington Co unty Emr. Management Director n, Public Works Director Page 98 of 152 Exhibit B ® F MA - Effects of Non- Participation Page 99 of 152 �NCY MA a - Federal Emergency Management Agency } a�P3�n Region V 536 South Clark Street:, 6th Floor t Chicago, ll:, 60605 -1521 EFFECTS OF NON- PARTICIPTION IN THE NA'T'IONAL FLOOD INSURANCE PROGRAM I . Flood insurance will no loner be available. No resident will be able to purchase a flood insurance policy. 2. No federal grants or loans for buildings may be made in identified flood hazard areas. Includes all federal agencies such as 1-M, FDA, Small Business Administration, HITS, etc. 3. Only limited Federal disaster assistance may be provided in identified flood hazard areas. 4. No Federal mortgage insurance may be provided in identified flood hazard areas. This includes FHA, VA, farmers Home, etc. 5. Legislative thanes to Flood Disaster Protection Act, (FDPA) lifted restriction on conventional loans in non - participating communities and replaced it with the requirement that lenders: a_ .must notify buyer or lessee that property is in a flood area: and b. must notify buyer or lessee that property in flood hazard area is not eligible for Federal disaster relief in a declared disaster. 6. Actuarial rates go into effect regardless or whether or not a community participates in the program. Without a local flood plain management ordinance unsafe construction today may be prohibitively expensive, and therefore unsalable, tomorrow. Such a condition could be triggered by a community's re- entry in the program at a later date. Examples of reasons for re- establishing eligibility: a. New legislative body or inclination of such a body. b. Larger share of mortgage market through FRA, VA, Farmers Horne. c. Federal grant or loan for particular project. d. A major disaster, triggering need for disaster aid. e. Changed political pressures. 7. Local governing body may be susceptible to sorne form of liability by not participating because their action: (1) denies the ability of its citizens to purchase flood and related water darnage. insurance, and: (2) does not take positive steps to reduce the exposure of life and property in the face of authoritative scientific and technological data. Up to now, there have been no consistent court rulings along these lines. CXI ND1\r0RMSW fecVg0fNonPar1 icipation.doe rata printed 48/04/99 11:3 5 Page 100 of 152 Exhibit C ® Current City Ordinance m Rive ay District W 401 034 Page 101 of 152 401034. RIVER IMPACT DISTRICT 401.34.A. Purpose. This Section is established to provide necessary protection to lands which fall within the designated regional floodplain and Lower St. Croix National Scenic Riverway area as defined by Minnesota Department of Natural Resources regulations. 401.34.B. Destruct Boundary and Application. For purposes of this Ordinance, the River Impact District shall include all lands lying riverward from the Chicago, Milwaukee, St. Paul and Pacific Railroad right -of -way. Application of district regulations shall be imposed as an overlay upon currently applied zoning use districts. 40134.Co Development Regulations. All development within the River Impact District shall be jointly regulated according to the following State regulations, adopted herein by reference, and all other applicable regulations provided for in this Ordinance. 1. Standards and Criteria for the Lower St. Croix National Scenic Riverwav in Minnesota (Minn. Reg. NR 2200 -2202, or as amended). 2. Statewide Standards and Criteria for Management of Floodolain Areas of Minnesota (Minnesota Statutes Chapter 103 F and 462, or as amended). 3. Statewide Standards for Management of Shoreland Areas (Minnesota Statutes, Chapter 105, Minnesota Regulations, Parts 6120.2500- 6120.3900, or as amended). 4. Wetland Conservation Act 1991 (Minnesota Laws 1991, Chapter 354, or as amended). 5. St. Croix River Regional Flood Analvsis March 1973. 401.34.D. Development Permit Procedure. Any applicant seeking any form of building permit approval within the River Impact District shall first file for a conditional use permit and gain approval from the City Council, in accordance with Section 401.03. 34 -1 Page 102 of 152 Exhibit D - Proposed new Floodplain Management Ordinance Page 103 of 152 Floodplain Management Ordinance x TABLE OF CONTENTS T V PAGE SECTION 1.0 STATUTORY AUTHORIZATION, FINDINGS OF IjACI' AND PURPOSE 1 1.1 Statutory Authorization l 1.2 bindings of Fact l 1.3 Statement of Purpose I SECTION 2.0 GENERAL PROVISIONS 1 2.1 Lands to Which Ordinance Applies 1 2.2 Establishment of Official Zoning Map 1 2.3 Regulatory blood Protection Elevation 2 2.4 Interpretation 2 2.5 Abrogation and Greater Restrictions 2 16 Warning and Disclaimer of Liability .;<: 2 17 Severability 2 2.8 Definitions ry,. 19 Annexations 4 SECTION 3.0 ESTABLISHMENT OF ZOT�4NG DISTRICTS 5 3.1 Districts 5 3.2 Compliance 5 SECTION 4.0 I LOODWAY DISTRIC'T' (FW) 5 4.1 Permitted Uses 6 4.2 Standards for Iloodway Permitted Uses 6 4.3 Conditional Uses 6 4.4 Standards for Floodway Conditional Uses 6 SECTION 5.0 FLOOD FRINGE DISTRICT (FF) 7 5.1 Permitted Uses 7 5.2 Standards for Flood Fringe Permitted Uses 7 5.3 Conditional Uses 8 5.4 Standards for blood Fringe Conditional Uses 8 5.5 Standards for All blood Fringe Uses 9 SECTION 6.0 GENERAL FLOOD PLAIN DISTRICT 10 Ook Park Heights - 0912412109 revision - I - Page 104 of 152 6.1 Permissible Uses 10 6.2 Procedures for Floodway and Flood Fringe Determinations 10 SECTION 7.0 SUBDIVISIONS 11 7.1 Land Suitability Review Criteria 11 7.2 Requirements for Floodway /Flood Fringe Determinations 12 7.3 Removal of Special Flood Hazard Area Designation 12 SECTION 8.0 UTILITIES, RAILROADS, ROADS, AND BRIDGES 12 8.1 Public Utilities 12 8.2 Public Transportation Facilities 12 8.3 On -site Sewagc 'Treatment and Water Supply Systems 12 SECTION 9.0 MANUI- ACTURI D I -IOMI: S /'I'IZAVI -"f, `I'RAII -,ERS AND TRAVEL VEHICLES 12 9.1 New Manufactured Home Parks 12 9.2 Replacement Manufactured Homes- Existing Parks 12 93 Recreational Vehicles 13 SECTION 10.0 ADMINIS'l"RA`I'ION 14 10.1 Zoning Administrator 14 10.2 Permits, Certification Requirements and Record Keeping 14 10.3 Appeals and Variances /Duties of the Board of Adjustment 15 10.4 Conditional Uses- Standards and Evaluation Procedures 16 SECTION 1 1.0 NONCONFORMING USL-;S 18 S1: 12.0 PENAI..TII- S FOR VIOLA'T'ION 19 SEC'T'ION 13.0 AMksNDMENTS 19 Oak Park Heighm -0912 F /2009 revision - Page 105 of 152 FLOOD PLAIN MANAGEMENT ORDINANCE THREE DISTRICT - ONE -MAP FORMAT' A h'lood Insurance Rate rllcrp has been published for the co mmunity and the Regulatory Floodwa) boundary is shown on this Wrap. I ,separate 1 lond 13orrradcuy cuzd IaTood7h c r11ap lxrs xot been publi,slred. SECTION 1.0 STATUTORY AUTHORIZATION, FINDINGS OF FACT" AND PURPOSE I .I Statutory Authorization: The legislature of the State of Minnesota has, in Minnesota Statutes Chapter 103E and Chapter 462 delegated the responsibility to local government tin its to adopt regulations designed to minimize flood losses. Therefore, the Ci1v. Coon . cr ver}ai_t7g- lreJely°� x of the City of Oak Park l-ieights, Minnesota does ordain as follows: 1.2 Findings of Fact: 1.21 The flood hazard areas of the City of Oak Park I-leights, Minnesota, are subject to periodic inundation which results in potential loss of life, loss of property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures or - flood protection and relief, and i mpairment of the tax base, all ol'which adve €:rely affect the public health, safety, and general welfare. 1.22 Methods lJsed to Analyze Flood I hazards. This Ordinance is based upon a reasonable method of analyzing flood hazards which is consistent with the standards established by the Minnesota Department of Natu €'al Resources. 1.23 National Flood Insurance Program Compliance. This Ordinance is adopted to comply with the rules and regulations of the National flood Insurance Program codified as 44 Code of Federal Regulations Parts 59 -78, as amended, so as to maintain the community's eligibility in the National blood Insurance Program. 13 Statement of Purpose: It is the purpose of this Ordinance to promote the public health, safety, and general welfare and to minimize those losses described in Section 1.21 by provisions contained herein. SECTION 2.0 GENERAL PROVISIONS 2.1 I.,ands to Which Ordinance Applies: This Ordinance shall apply to all lands withi €l the jurisdiction of the City of Oak Park Heights shown on the Official Zoning Map and /or the attachments thereto as being located within the boundaries of the Floodway, Flood Fringe, or General Flood Plain Districts. 2.2 Establishment of Official ;toning Map: The Official Zoning Map together with all materials attached thereto is hereby adopted by reference and declared to be a part of this Ordinance. The attached material Shall include the Flood Insurance Study for Wasbington County, Minnesota And Incorporated Areas and Mood Insurance Rate Map panels therein numbered 27163CO261E, 27163CO262E, 27163CO265E, 27163CO266E, 27163C267E, 27163CO268E and 27163CO269E, all dated February 3, 2010 and prepared by the Federal Emergency Management Agency. The Official Zoning Map shall be on file in the Office of the - -- - Ier]r C-- ,= c----- -- - F - - -- -- -- -- a Zd -tl�o `;(- o3�ifa Ac r tr_sa sla; {r{ 3t -C'i1v �c I1?i}11.s't7 cltvr. (ATo 1 E' -' - Ifi)3`.;1df1.f}E? e11 ?)9B�:Elllf3 }1-H , {3fJf1 l {7 }? i; 7 °t5-C7 1'£'{jLt13'£}} ?f 3 ?I CJ -I� ?L /7 y jf)()E7 t I7 ?i' ?!1't7nce Oak Park Heighl.3- 0912412009 revision - 1 Page 106 of 152 �IaEz E� {r>f't3 C17]?E:kfl rU r S-ec =xfi strorr 2:y tlacrt r�� s 'I an � •� r���ace role taacat3�acraac�,s- crcicajwed into SYettri»a 2:2 crli�� +c- rraar,st -b eareotja as;s crll cif t17�z- ri�aira fir nor enter car ear c�j =tlac= (—ou aly -that rracttrlae crrar7e�er1 raalr3 lae -trtj +rant -l�ac� fir r�sc =eerUle flrt�ar �: Zri:s rracr� ara��craa tlacrt cr eitj� �� ill xeefl -tc3 crcld�j�l fZc3r�clifir• strr�crracer�crte- raacr�3��crrrel• s�- is7 �rc�c��trn3r- t{ ���aeiE=- fl {acrelrarcrf3i�Erraels•- tlacrt c= c�rztcrirr.tlae- ctrr�r�c=ttt c-oq?orcite -1 ounciaries (?f 117e ei13+) 2.3 Regulatory Flood Protection Elevation: The regulatory flood protection elevation shall be an elevation no lower than one foot above the elevation of the regional flood plus any increases in flood elevation car €sed by encroachments o il the flood plain that result from designation of a floodway. 2.4 Interpretation: 2.41 In their interpretation and application, the provisions of this Ordinance shall be held to be minimum requirements and shall be liberally construed in favor of the Governing, Body and shall not be deemed a limitation or repeat of any other powers granted by state statutes. 2.42 The boundaries of the zoning districts shall be determined by scaling distances o €1 the Official Zoning Map. Where interpretation is needed as to the exact location of the boundaries of the district as shown on the Official 'Zoning Map, as for example where there appears to be a conflict between a mapped boundary and actual field conditions and there is a formal appeal of the decision of the Zoning Administrator, the Board of Adjustment shall make the necessary interpretation. All decisions will be based on elevations on the regional (100 -year) flood profile, the ground elevations that existed on the site at the time the Community adopted its initial floodplain ordinance or on the date of the first National Flood Insurance Program map showing the area within the 100 -year floodplain if earlier, and other available technical data. Persons contesting, the location of the district boundaries shall be given a reasonable opportunity to present their case to the Board of Adjustment and to submit technical evidence. 2.5 Abrogation and Greater Restrictions: It is not intended by this Ordinance to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this Ordinance imposes greater restrictions, the provisions of this Ordinance shell prevail. All other ordinances inconsistent with this Ordinance are hereby repealed to the extent of the inconsistency only. 2.6 Warning and Disclaimer of Liability: This Ordinance does not imply that areas outside the flood plain districts or land uses permitted within such districts will be free from flooding or flood damages. This Ordinance shall not create liability on the part of the City of Oak Park Heights or any officer or employee thereof for any flood damages that result from reliance on this Ordinance or any administrative decision lawfully made thereunder. 2.7 Severability: If any section, clause, provision, or portion of this Ordinance is adjudged 1.1€1constih€tional or invalid by a court of compete €lt - jurisdiction, the remainder of this Ordinance shall not be affected thereby. 2.8 Definitions: Unless specifically defined below, words or phrases used in this Ordinance shall be interpreted so as to give them the same €ncaning as they have in common usage and so as to give this Ordinance its most reasonable application. 2.811 Accessory Use o €• Structure - a use or structure on the same lot with, and of a nature customarily incidental and subordinate to, the principal L €se or structure. 2,812 Basement - means any area of a structure, including crawl spaces, having its floor or base subgrade (below ground level) on all fou €• sides, regardless of the depth of excavation below ground level. Oak Park Heights- 0912412009 revisimt -2- Page 107 of 152 2.8 13 Conditional Use - means a specific type of structure or land use listed in the official control that may be allowed but only after an in -depth review procedure and with appropriate conditions or restrictions as provided in the official zoning controls or building codes and upon a finding that: (a) Certain conditions as detailed in the Toning ordinance exist. (b) '111e strrrctrur•e and /or land use conform to the comprehensive land use plan if one exists and are compatible with the existing neighborhood. 2.814 Equal Degree of Encroachment - a method of determining the location of floodway bOrmdaries so that flood plain lands on both sides of a stream are capable of conveying a proportionate share of flood flows. 2.815 Flood - a temporary increase in the flow or stage of a stream or in the stage of a wetland or lake that rest €lts in the inundation of normally dry areas. 2.816 Flood Frequency - the frequency for which it is expected that a specific flood stage or discharge may be equaled or exceeded. 2.817 Flood Fringe - that portion of the flood plain outside of the floodway. Flood fringe is synonymous with the term "floodway fringe" used in the Flood lrtsurance Study for Washington County, Minnesota And Incorporates{ Areas. 2.818 Flood Plain - the beds proper and the areas adjoining a wetland, lake or watercourse which have been or hereafter may be covered by the regional flood. 2.819 Flood Proofing - a combination of structural provisions, changes, or adjustments to properties and stir €ctures subject to flooding, primarily for the reduction or elimination of flood damages. 2.820 Floodway - the bed of a wetland or lake and the channel of a watercourse and those portions of the adjoining, flood plain which are reasonably required to carry or store the regional flood discharge. 2.821 Lowest Floor - the lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure, used solely for parking of vehicles, building access, or storage in an area other than a basement area, is not considered a building's lowest floor. 2.822 Manufactured Home - a structure, transportable in one or more sections, which is built o €1 a permanent chassis and is designed for use with or without a permanent foundation when attached to the required utilities. The term "manufactured home" does not include the term "recreational vehicle." 2.823 Obstruction - any dam, wall, wharf, embankment, levee, dike, pile, abutment, projection, excavation, channel modification, culvert, building, wire, fence, stockpile, refuse, fill, structure, or• matter in, along, across, or projecting Into any channel, watercourse, or regulatory flood plain which may impede, retard, or change the direction of the flow of water, either in itself or by catching or collecting debris carried by such water. 2.824 Principal Use or Structure - means all uses or structures that are not accessory uses or• structures. 2.825 peach - a hydraulic engineering term to describe a longitudinal segment of a stream or river influenced by a natural or man -made obstruction. In an urban area, the segment of a stream or river between two co €lsccutive bridge crossings would most typically constitute a reach. Oak Park Heights- 0912412009 revision - 3 - Page 108 of 152 2.826 Recreational Vehicle - a vehicle that is built on a single chassis, is 400 square feet or less when measured at the largest horizontal projection, is designed to be self-propelled or permanently towable by a light duty truck, and is designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use. For the purposes of this Ordinance, the term recreational vehicle shall be synonymous with the terns travel trailer /travel vehicle. 2.827 Regional Flood - a flood which is representative of large floods known to have occurred generally in Minnesota and reasonably characteristic of what can be expected to occur on an average frequency in the magnitude of the 100 -year recurrence interval. Regional flood is synonymous with the term "base flood" used in a flood insurance study. 2.828 Regulatory Flood Protection Elevation -The regulatory flood protection elevation shall be an elevation no lower than one foot above the elevation of the regional flood plus any increases in flood elevation Caused by encroachments on the flood plain that result from designation of a floodway, 2.829 Structure - anything constructed or erected on the ground or attached to the ground or on -site utilities, including, but not limited to, buildings, factories, sheds, detaches{ garages, cabins, manufactured homes, recreational vehicles not meeting the exemption criteria specified ill Section 9.31 of this Ordinance and other similar items. 2.830 Substantial Damage - means damage Of tUny Origin Sustained by a StrUCtUre whC[ - C the Cost Of restoring the structure to its before- damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred. 2.831 Substantial Improvement - within any Consecutive 365 -day period, any reconstruction, rehabilitation (illClUding normal maintenance and repair), repair after damage, addition, or other improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the Structure before the "start of Construction" Of the improvement. This term includes structures that have incurred "substantial damage," regardless of the actual repair work performed. The term does not, however, include either: (a) Any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions. (b) Any alteration of an "historic structure," provided that the alteration will not preclude the structure's continued designation as an "historic structure." For the purpose of this Ordinance, "historic structure" shall be as defined in 44 Code of Federal Regulations, fart 59.1. 2.832 Variance - means a modification of a specific permitted development standard required in an official control including this Ordinance to allow an alternative development standard not stated as acceptable in the official control, but only as applied to a particular property for the purpose of alleviating a hardship, practical difficulty or unique circumstance as defined and elaborated upon in a community's respective planning and zoning enabling legislation. 2.9 Annexations: The blood lnsurance hate Map panels adopted by reference into Section 2.2 above may include floodplain areas that lie outside of the corporate boundaries of the City of Oak Park Heights at the time of adoption of this ordinance. If any of these floodplain land areas are annexed into the City of Oak Park Heights - 0912412109 revision -4- Page 109 of 152 Oak T'al'k Heights after the date of adoption of this ordinance, the newly antlered floodplain lands shall be subject to the provisions of this ordinance immediately upon the date of annexation into the City of Oak Park !-Heights. SECTION 3.0 ESTABLISHMENT OF ZONING DISTRICTS 3.1 Districts: 3.11 Floodway District: The Floodway District shall include those areas designated as lone AE and Zone A oil the blood insurance Kate Map panels adopted in Section 2.2 that are below the ordinary High water level as defined in Minnesota Statutes, Section 1036.005, subdivision 14. 3.12 flood Fringe District: I'lie flood Fringe District shall include those areas designated as "Lone AE and "Zone A oil the Flood Insurance ]fate Map panels adopted in Section 2.2 that are below the 1% annual chance flood elevation (100 -year flood elevation) but above the ordinary high water level as defined in Minnesota Statutes, Section 103G.005 subdivision 14. See Section 6.0 for procedures to determine the 1 % annual chance flood elevation (100 -year flood elevation). 3.2 Compliance: No new structure or land shall hereafter be uses{ and 110 structure shall be constructed, located, extended, converted, or structul'ally altered without full compliance with the terms of this Ordinance and other applicable 1'Cgulatlons which apply to uses within the jurisdiction of this Ordinance. Withlll the l"loodway, Flood fringe and General Flood Plain Districts, all uses not listed as permitted uses or conditional uses in Sections 4.0, 5.0 and 6.0 that follow, respectively, shall be prohibited. In addition, a caution is provided here that: 3.21 New manufactured ]tonnes, replacement manufactured homes and certain travel trailers and travel vehicles are subject to the general provisions of this Ordinance and specifically Section 9.0. 3.22 Modifications, additions, structural alterations, normal maintenance and repair-. or repair after damage to existing nonconforming structures and nonconforming uses of structures or land are regulated by the general provisions of this Ordinance and specif ical ly Section 11.0. 3.23 As -built elevations for elevated or flood proofed Structul must be certified by ground surveys and flood proofing techniques lllust be designed and certified by a registered professional engineer or architect as specified in the general provisions of this Ordinance and specifically as stated in Section 10.0 of this Ordinance. SECTION 4.0 FLOODWAY DISTRICT (I {W) The permitted and conditional uses listed below are only allowable in the floodway if not prohibited by any other underlying zoning, district classifications of the City of Oak Park Heights and if not prohibited by any applicable state or federal law. 4.1 Permitted Uses: 4.11 General farming, pasture, grazing, outdoor plallt IlUrseries, horticulture, and wild crop harvesting. 4.12 Boat launching ramps, swimming areas, parks, wildlife and natul'e preserves, and fishing areas. Oak Park Heights- 0912412009 revision -5 - Page 110 of 152 4.13 Residential lawns, gardens and play areas. 4.2 Standards for 1'loodway Permitted Uses: 4.21 The use shall have a low flood damage potential. 4.22 The use shall be permissible in the underlying; zoning district if one exists. 4.23 The use shall not obstruct flood flows or increase flood elevations and shall not involve structures, fill, obstructions, excavations or storage of materials or equipment, 4.3 Conditional Uses: 4.31 Extraction and storage of sand, gravel, and other materials. 4.32 Marinas, boat rentals, docks, piers, wharves, and water control structu €'es. 4.33 Railroads, streets, bridges, utility transmission lines, and pipelines. 4.34 Placement of fill. 4.4 Standards for Floodway Conditional Uses: 4.41 All Uses. No fill (including; fill for roads and levees), deposit, obstruction, or other use may be allowed as a conditional use that will cause any increase in the stage of the 100 -year or regional flood or cause an increase in flood damages in the reach or reaches affected. 4.42 All Floodway conditional uses shall be subject to the procedures and standards contained in Section 10.4 of this Ordinance. 4.43 The conditional use shall be permissible in the underlying zoning district if one exists. 4.44 F i 11: (a) Fill, dredge spoil, and all other similar materials deposited or stored ill the flood plain shall be protected from erosion by vegetative cover, mulching;, riprap or other acceptable method. (b) Dredge spoil sites and sand and gravel operations shall not be allowed in the Floodway unless a long -term site development plan is submitted which includes an erosion /sedimentation prevention element to the plan. (c) As an alternative, and consistent with Subsection (b) immediately above, dredge spoil disposal and sand and gravel operations may allow temporary, on -site storage of fill or other materials which would have caused an increase to the stage of the I00 -year or regional flood but only after the Governing; Body has received an appropriate plan which assures the removal of the materials from the floodway based upo€i the flood warning time available. The conditional use permit must be title registered with the property in the Office ofthe County Recorder'. 4.45 Storage of Materials and Equipment. Storage of other materials or equipment may be allowed if readily removable from the area within the time available after a flood warning; and in accordance with a plan approved by the Governing Body. The storage or processing, of materials that are, in time of flooding, flammable, explosive, or potentially injurious to human, animal, or plant life is prohibited. Oak Park lleighrs- 0912412009 revision -6 Page 111 of 152 4.46 Community -wide structural works for flood control intended to remove areas from the regulatory flood plain shall riot be allowed in the floodway. SECTION 5.0 FLOOD FRINGE DISTRICT (FF) 5.1 Permitted Uses: Permitted uses shall be those uses of land or structures listed as permitted uses in the underlying zoning use district(s). If no l)re- existing, underlying zoning use districts exist, then any residential or non residential structure or use of a structure or land shall be a permitted use in the Flood Fringe District provided such use does not constitute a public nuisance. All permitted uses shall comply with the standards for Flood Fringe District "Permitted Uses" listed in Section 5.2 and the "Standards for all Flood Fringe Uses" listed in Section 5.5. 5.2 Standards for Flood Fringe Permitted Uses: 5.21 All structures. including accessory structures, must be elevated on fill so that the lowest floor including basement floor is at or above the regulatory flood protection elevation. The finished fill elevation for structures shall be no lower than one (l) I - m below the regulatory flood protection elevation and the fill shall extend at such elevation at least fifteen (15) feet beyond the outside limits of the structure erected thereon. 5.22 As all alternative to elevation oil fill. accessory structures that constitute a minimal investment and that do not exceed 500 square feet at its largest projection may be flood proofed ill accordance with the following standards: (a) Accessory structures shall not be designed for human habitation. (b) Accessory structures shall be elevated on fill or structurally dry flood proofed in accordance with the FP -1 or FP -2 flood proofing classifications in the State Building Code. As an alternative, an accessory structure may be flood proofed to the FP -3 or FP -4 flood proofing classification in the State Building Code and, for a detached garage, the detached garage 111ust be used solely for parking of vehicles and limited storage. Flood proofed accessory structures must meet the following additional standards: (1) The structure must be adequately anchored to prevent flotation, collapse or lateral movement of the structure and shall be designed to equalize hydrostatic flood forces on exterior walls; (2) Any mechanical and utility equipment ill a structure must be elevated to or above the regulatory flood protection elevation or properly flood proofed; and (3) TO allow for the equalization of hydrostatic pressure, there must be a minimum of two "automatic" openings in the outside walls of the structure having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding. There must be openings on at least two sides of the structure and the bottom of all openings must be no higher than one foot above the lowest adjacent grade to the structure. Using human intervention to open a garage door prior to flooding; will not satisfy this requirement for automatic openings. 5.23 The cumulative placement of fill where at any one time in excess of one- thousand (1,000) cubic yards of fill is located on the parcel shall be allowable only as a conditional use. unless srri<I fill i spesific�;Il� kilt@r3fl @Cl tO @ {edit@ a- t)'ldGtLH'G -113 {iEGOl'EI -�� itla -Secti ra -5,21 cif this- ordiilailee. Oak Park Heights - 0912412009 revision -7- Page 112 of 152 (Nate: This is n- ol3ticrrrfrl -l3a c�� isicrrt. I; rZ cei4tiritr please leave-the -it u III ber'irtg- #ire- s:trtre -and insert- tire.- rel)ifieerneiit- w- ortlirtg -" This - section-- resevved--fort 1'rrt�r re- rise.' - -'} 5.24 The storage of any materials or equipment shall be elevated on fill to the regulatory flood protection elevation. 5.25 The provisions of Section 5.5 of this Ordinance shall apply. 5.3 Conditional Uses: Any structure that is not elevated on fill or flood proofed in accordance with Section 5.21 - 5.22 and or any use of land that does not comply with the standards in Section 5.23 - 5.24 shall only be allowable as a conditional use. An application for a conditional use shall be subject to the standards and criteria and evaluation procedures specified in Sections 5.4 -5.5 and 10.4 of this Ordinance. 5.4 Standards for blood Fringe Conditional Uses: 5.41 Alternative elevation methods other than the use Of fill may be utilized to elevate a structure's lowest floor above the regulatory flood protection elevation. These alternative methods may include the use of stilts, pilings, parallel walls, etc., or above - grade, enclosed areas such as crawl spaces or tuck under garages. The base or floor of an enclosed arca shall be considered above - grade and not a structure's basement or lowest floor if 1) the enclosed area is above -grade on at least one side of the structure; 2) it is designed to internally flood and is constructed with flood resistant materials; and 3) it is used solely for parking of vehicles, building access or storage. The above -noted alternative elevation methods are subject to the following additional standards: (a) Design and Certification -- The structure's design and as -built condition must be certified by a registered professional engineer or architect as being in compliance with the general design standards of the State Building Code and, specifically, that all electrical, heating, ventilation, Plumbing and air conditioning equipment and other service facilities must be at or above the regulatory flood protection elevation or be designed to prevent flood water from entering or accumulating within these components during times of flooding. (b) Specific Standards for !Above- grade, f;nclosed Areas - Above - grade, fully enclosed areas such as crawl spaces or tuck under garages must be designee{ to internally flood and the design Plans must stipulate: (1) A minimum area of openings in the walls where internal flooding is to be used as a flood proofing technique. "There shall be a minimum of two openings on at least two sides of the structure and the bottom of all openings shall be no higher than one -foot above grade. The automatic openings shall have a minimum net area of not less than one square inch for every square foot of enclosed area subject to flooding unless a registered professional engineer or architect certifies that a smaller net area would suffice. The automatic openings may be equipped with screens, louvers, valves, or other coverings or devices provided that they permit the automatic entry and exit of flood waters without any form of human intervention; and (2) That the enclosed area will be designed of flood resistant materials in accordance with the FP -3 or FP -4 classifications in the State Building Code and shall be used solely for building access, parking of vehicles or storage. 5.42 Basements, as defined by Section 2.512 of this Ordinance, sliall be subject to the following: (a) Residential basement construction shall not be allowed below the regulatory flood protection elevation. Oak Park Heights- 0912412009 revision 5 - Page 113 of 152 (b) Non - residential basements may be allowed below the regulatory flood protection elevation provided the basement is structurally dry flood proofed in accordance with Section 5.43 of this Ordinance. 5.43 All areas of non residential structures including basements to be placed below the regulatory flood protection elevation shall be flood proofed in accordance with the structurally dry flood proofing classifications in the State Building Code. Structurally dry flood proofi must meet the FP - or FP -2 flood proofing classification in the State Building Code and this shall require making the stet €cture watertight with the walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and the effects of buoyancy. Structt €res flood proofed to the FP -3 or FP-4 classification shall not be permitted. 5.44 When at any one time more than 1.000 cubic yards of 'Fill or other similar material is located on a parcel for such activities as on -site storage, landscaping, sand and gravel operations, landfills, roads, dredge spoil disposal or construction of flood control works, an erosion/sedimentation control plan must be submitted ultless 111e community is enforcing a state approved shoreland management ordinance. In the absence of a state approved shoreland ordinance, the plan must clearly specify methods to be used to stabilize the fill on site for a flood event at a minimum of the 100 -year or regional flood event. 'Flee plan must be prepared and certified by a registered professional engineer or other qualified individual acceptable to the Governing Body. 'The plan may incorporate alternative procedures for removal of the material from the flood plain if adequate flood warning time exists. (Note- d'ltig 15 - €ray optional f1I po4 €vasic € u: If €1 community rvisl €e; to delft tl fs pm vision t,- plf:lm leave t1 3e- I t1t III 13ej. i ltf - the- - s4 tme -an inset tthe - t eI31 ctct wc3 f'fl €€z "'1l'11Is Section reserved for 5.45 Storage of Materials and F�.quipmellt: (a) The storage or processing of materials that are, in time of flooding, flammable, explosive, or potentially ill juriotrs to hu €Wan, animal, or plant life is prohibited. (b) Storage of other materials or equipment may be allowed if readily removable from the area within the time available after a flood warning and in accordance with a plan approved by the Governing Body. 5.46 The provisions of Section 5.5 ofthis Ordinance shall also apply. 5.5 Standards for All Flood fringe Uses: 5.51 All new principal structures rWUst have vehicular access at or above an elevation not more than two (2) feet below the regulatory flood protection elevation. If a variance to this requirement is granted, the Board of Adjustment must specify limitations an the period of use or occupancy of the structure for times of flooding and only after determining that adequate flood warning time and local flood emergency response procedures exist. (Ivl(31e: `f11is iS 4ilt opti( nail Iwov -isiom I - 11-- eo111111unfty-Wis13es - to-d lett - this ]3t gvisiol # Plellse 1e41ve -113e 1311 ec iltg the scti33e ttcel ic3sei t the-- replueement -wat clim>< ; "Tlcis seztie3c; l=ese sect -fc�i f'tttum - usei ) 5.52 Commercial Uses - accessory land uses, such as yards, railroad tracks, and parking lots may be at elevations lower than the regulatory flood protection elevation. However, a permit for such Oak Park Heighis- 0712412009 revision -9- Page 114 of 152 facilities to be used by the employees or the general public shall not be granted in the absence of a flood warning system that provides adequate time for evacuation if tl)e area would be int€ndated to a depth and velocity such that when multiplying the depth (in feet) times velocity (in feet per second) the product number exceeds fou €• (4) upon occurrc11ce of the regional flood. 5.53 Manufactu €'ing and Industrial Uses - measures shall be taken to minimize interference with normal plant operations especially along streams having protracted flood durations. Certain accessory land uses such as yards and parkii)g lots may be at lower elevations subject to requirements set out i€1 Sectio€1 5.52 above. In considering permit applications, due consideration shall be given to needs of an industry whose business requires that it be located in flood plaid areas. 5.54 Fill shall be properly compacted and the slopes shall be properly protected by the use of riprap, vegetative cover or other acceptable method. The Federal Emergency Management Agency (FEMA) has establislied criteria for removing the special flood hazard area designation for certain structures properly elevated on fill above the 100 -year flood elevation - FEMA's requirements incorporate specific fell compaction and side slope protection standards for multi- strucfure o €• multi -lot developments. These standards should be investigated prior to the initiation of site preparation if a change of special flood hazard area designation will be requested. 5.55 Flood plain developments shall not adversely affect the hydraulic capacity of the channel and adjoining flood plain of any tributary watercourse or drainage system where a floodway or other encroachment limit has not been specified on the Official Zoning Map. 5.56 Standards for recreational vehicles are contained in Section 9.3. 5.57 All manufactured homes must be securely anchored to an adequately anchored foundation system that resists flotation, collapse and lateral movement. Methods of anchoring may i €lclude, but are not to be limited to, use of over -the -top or frame ties to ground anchors. "1 °his requirement is in additioii to applicable state or local anchoring require:111cnts foi resisti €ag wind forces. SECTION 6.0: Procedures for determining 1 `%o annrrt €l chance flood elevations (I00 -VR flood elevations) in Zone A 6.1 Reserved for Future Use 6.2 Procedures for determining 1% annual chance flood elevations (100 -YR flood elevations) in Zone A 6.21 Upon receipt of an application fora permit or other approval within a Zone A, the Zoning Administrator will use the 1 % annual chance flood elevation for that basin that has previously been determined in accordance with approved FEMA methods, if available. If the I% annual chance flood elevation has not been previously determined, the applicant shall be required to furnish all necessary information as deemed necessary by the Zoning Administrator for the determination for the I% annual chance flood elevation in accordance with approved FEMA methods. 6.22 The applicant shall be responsible to submit one copy of the above information to a designated engineer or other expert person or agency for technical assistance in determining the 1 % annual chance flood elevation (100 -year flood elevation). Procedures consistent with Minnesota Oak Park Heights- (19/2. 1/200) revision - 10- Page 115 of 152 Regulations 1983, Parts 6120.5000 - 6120.6200 and 44 Code of Federal Regulations Part 65 shall be followed in tills expert evaluation. The designated engineer or expert is strongly encouraged to discuss the proposed technical evaluation methodology with the respective Department of Natural Resources' Area Hydrologist prior to commencing the analysis. 6.23 Once the 1% annual chance flood elevation (100 -year flood elevation) has been determined, the Zoning Administrator shall process the permit application consistent with the applicable provisions of Section 4.0 and 5.0 of this Ordinance. SEC'T'ION 7.0 SUBDIVISIONS Nate: This Section is not intended as a substitute for a comprehensive city or county subdivision ordinance. It can, however, be used as au interim control until the comprelnennsive subdivision ordinance can be amended to include rnecessany flood plain management provisions. 7.1 Review Criteria: No lands covered under this Chapter -shall be subdivided which is unsuitable for the reason of flooding, inadequate drainage, water supply or sewage treatment facilities. All lots within the flood plain districts shall be able to contain a building site outside of the Floodway District at or above the regulatory flood protection elevation. All subdivisions shall have water and sewage treatment facilities that Comply with the provisions of this Ordinance and have road access both to the subdivision and to the individual building sites no lower than two feet below the regulatory Mood protection elevation. I-or all subdivisions in the flood plain, the Floodway and blood Fringe District boundaries, the regulatory flood protection elevation and the required elevation of all access roads shall be clearly labeled on all required subdivision drawings and platting documents. 7.2 Floodway/Flood Fringe Determinations in the General blood Plain District: In the General Flood Plain District, applicants shall provide the information required in Section 6.2 of this Ordinance to determine the 100 -year flood elevation, the Floodway and Flood Fringe District boundaries and the regulatory flood protection elevation for the subdivision site. 7.3 Removal of Special Flood Ilazard Area Designation: The federal Emergency Management Agency (FEMA) has established criteria for removing the special flood hazard area designation for certain struct€ rC'S properly elevated on fill above the 100 -year flood elevation. FI MA's requirements incorporate specific fill compaction and side slope protection standards for 1111110- structure: or multi -lot developments. 'fliese standards should be investigated prior to the initiation of site preparation if change of special flood hazard area designation will be requested. SECTION 8.0 PUBLIC UTILITIES, RAILROADS, ROADS, AND BRIDGES 8.1 Public Utilities. All public utilities and facilities such as gas, electrical, sewer, and water supply systems to be located in the flood plain shall be flood proofed in accordance with the State Building Code or elevated to above tile regulatory flood protection elevation. 8.2 Public Transportation Facilities. Railroad tracks, roads, and bridges to be located within the flood plain shall comply with Sections 4.0 and 5.0 of this Ordinance. Elevation to the regulatory flood protection elevation shall be provided where failure or interruption of these transportation facilities would result in danger to the public health or safety or where such facilities are essential to the orderly functioning of the Ouk Park Heights- 091241 009 mvision - - Page 116 of 152 area. Minor or auxiliary roads or railroads may be constructed at a lower elevation where failure or intel•rrlptioll of transportation services would not endanger the public health or safety. 8.3 On -site Sewage 'I'reatrnent and Water Supply Systems: Where public utilities are not provided: I) On- site water' supply systems €nest be designed to minimize or eliminate infiltration of flood waters into the systems; and 2) New or replacement oil -site sewage treatment systems must be designed to minimize or eliminate infiltration of flood waters into the systems and discharges from the systems into flood water's and they shall not be subject to impairment or contamination during times of flooding. Any sewage treatment system designed in accordance with the State's cul'r'ellt statewide standards for on -site sewage treatment Systems shall be determined to be in compliance with this Section. SECTION 9.0 MANUFACTURED DOMES AND MANUFACTURED HOME PARKS AND PLACEMENT OF RECREATIONAL VEHICLES. 9.1 New manufactured home parks and expansions to existing manufactured home parks shall be subject to the provisions placed oil subdivisions by Section 7.0 of this Ordinance. 9.2 The placement of new or replacement mamufactured homes in existing manufactured home parks or on individual lots of record that are located In flood plain districts will be treated as a new structure and may be placed only if elevated in compliance with Section 5.0 of this Ordinance. If vehiCUlal' road access for pre- existing manufactured home parks Is not provided in accordance with Section 5.5 1 , then replacement manufactured homes will not be allowed until the property owner(s) develops a flood warning emergency plan acceptable to the Governing Body. 9.21 All manufactured homes mUst be SCCUI - Cly anchored to all adequately anchored foundation System that resists flotation, collapse and lateral movement. Methods of anchoring, may include, but are not to be limited to, use of over -the -top or frame ties to ground anchors. Tllis requirement is ill addition to applicable state or local anchoring requirements for resisting wind forces. 9.3 Recreational vehicles that do not meet the exemption criteria specified in Section 9.31 below shall be subject to the provisions of this Ordinance and as specifically spelled out in Sections 9.339.34 below. 9.31 Exemption - IZecr'eafional vehicles arc exerllpt fj'om the pr'ovisioiis oftllis Ordina €lee if they are placed in any of the areas listed in Section 9.32 below and further they meet the following criteria: (a) l -lave current licenses required for highway use. (b) Are highway ready meaning oil wheels or the internal jacking system, are attached to the site only by quick disconnect type utilities commonly used in campgrounds and recreational vehicle parks and the recreational vehicle has no permanent structrn'al type additions attached to it. (c) The recreational vehicle and associated use must be permissible in any pre- existing, underlying zoning use district. 9.32 Areas Exempted For Placement of Recreational Vehicles: (a) Individual lots or parcels of record. (b) Existing commercial recreational vehicle parks or campgrounds. (c) Existing condominium type associations. 9.33 Recreational vehicles exempted in Section 9.31 lose this exemption when development occurs on the parcel exceeding $500 for a structural addition to the recreational vehicle or exceeding $500 Oak Park Heighm- 0912412009 revision - 12 - Page 117 of 152 for an accessory Structure such as a garage or storage building. `I'hc recreational vehicle and all additions and accessory str'uctur'es will then be treated as a rtew strr cturc and shall be subject to the clevation /flood proofing requirements and the use of land restrictions specified in Sections 4.0 and 5.0 of this Ordinance. 'nere shall be no development or improvement on the parcel or attachment to the recreational vehicle that binders the removal of the recreational vehicle to a flood free location should flooding occur. 9.34 New commercial recreational vehicle parks or campgrounds and new residential type subdivisions and condominium associations and the expansion of any existing similar use exceeding five (5) units or dwelling sites shall be subject to the following: (a) Any new or replacement recreational vehicle will be allowed in the Floodway or Flood Fringe Districts provided said recreational vehicle and its contents are placed on fill above the regulatory flood protection elevation and proper elevated road access to the site exists in accordance with Section 5.51 of this Ordinance. No fill placed in the floodway to meet the rcquirerttents of this Section shall increase flood stages of the 100 -year or regional flood. (b) All new or replacement recreational vehicles not meeting the criteria of (a) above may, as all alternative, be allowed as a conditional use if in accordance with the following provisions and the provisions of 10.4 of the Ordinance. "I']te applicant must submit an emergency plan for the safe evacuation of all vehicles and people during the 100 year flood. Said plan shall be prepared by a registered cngineer or other qualified individual, shall demonstrate that adequate time and personnel exist to carry out the evacuation, and shall demonstrate the provisions of Section 9.31 (a) and (b) of this Ordinance will be met. All attendant sewage and water facilities for new or replacement recreational vehicles must be protected or constructed so as to not be impaired or contaminated during times of flooding in accordance with Section 83 of' this Ordinance. SECTION 10.0 ADMINISTRATION 10.1 Zoning Administrator; A Zoning Administrator or other official designated by the Governing Body shall administer attd enforce this Ordinance. If the Zoning Administrator finds a violation of the provisions of this Ordinance the Ironing Administrator shall notify the person responsible for such violation in accordance with the procedures stated in Section 12.0 of the Ordinance. 10.2 Permit Requirements: 10.21 Permit Required, A Permit issued by the Zoning Administrator in conformity with the provisions of this Ordinance shall be secured prior to the erection, addition, modification, rehabilitation (including normal maintenance and repair), or alteration of any building, structute, or portiOn thereof, prior to the use or change of use of a building, structure, or land; prior to the construction of a dam, fence, or on -site septic system; prior to the change or extension of a nonconforming lase; prior to the repair of a structure that has been damaged by flood, fire, tornado, or any other source; and prior to the placement of fill, excavation of materials, or the storage of materials or equipment within the flood plain. 10.22 Application for Permit. Application for a permit shall be made in duplicate to the Zoning !Administrator oil forms furnished by the Zoning Administrator and shall include the following where applicable: plans in duplicate drawn to scale, showing the nature, location, dimensions, and elevations of the lot; existing or proposed structures, fill, or storage of materials; and the location of the foregoing in relation to the stream channel. Oak Park 1leighls- 0912412009 revision - 13 - Page 118 of 152 10.23 State and Federal Permits. Prior to granting a permit or processing an application for a conditional use permit or variance, the Zoning; Administrator shall determine that the applicant has obtained all necessary state and federal permits. 10.24 Certificate of Zoning Compliance for a New, Altered, or Nonconforming Use. It shall be unlawful to use, occupy, or permit the use or occupancy of any building or premises or part thereof hereafter created, erected, changed, convened, altered, or enlarged in its use or structure until a certificate of zoning compliance shall have been issued by the Zoning Administrator stating that the use of the building or land conforms to the requirements of this Ordinance. 10.25 Construction and Use to be as Provided oil Applications, flans, Permits, Variances and Certificates of Zoning Compliance. Permits, conditional use permits, or certificates of zoning compliance issued on the basis of approved plans and applications authorize only the use, arrangement, and construction set forth in such approved plans and applications, and 110 other' use, arrangement, or construction. Any use, arrangement, or construction at variance with that authorized shall be deemed a violation of this Ordinance, and punishable as provided by Section 12.0 of this Ordinance. 10.26 Certification. The applicant shall be required to submit certification by a registered professional engineer, registered architect, or registered land surveyor that the finished fill and building elevations were accomplished in compliance with the provisions of this Ordinance. Flood proofing measures shall be certified by a registered professional engineer or registered architect. 10.27 Record of First Floor Elevation. The Zoning Administrator shall maintain a record of the elevation of the lowest floor (including basement) of all new structures and alterations or additions to existing structures in the flood plain. Tlie Zoning Administrator shall also maintain a record of file elevation to which structures or alterations and additions to structures are flood proofed. 10.28 Notifications for Watercourse Alterations. The Zoning Administrator shall notify, in riverine situations, adjacent communities and the Commissioner of the Department of Natural Resources prior to the community authorizing any alteration or relocation of a watercoursC. If the applicant has applied for a permit to work in the beds of public waters pursuant to Minnesota Statute, Chapter 1030, this shall still as adequate notice to the Commissioner of Natural Resources. A copy of said notification shall also be submitted to the Chicago Regional Office of the Federal Emergency Management Agency (FEMA ). 10.29 Notification to FEMA When Physical Changes Increase or Decrease the 100 -year Flood Elevation. As soon as is practicable, but not later than six (6) months after the date such supporting information becomes available, the Zoning; Administrator shall notify the Chicago Regional Office of F EMA of the changes by submitting; a copy of said technical or scientific data. 10.3 Board of Adjustment: 10,31 Rules, The Board of Adjustment shall adopt rules for the conduct of business and may exercise all of the powers conferred on such Boards by State law. 10.32 Administrative Review, The Board of Adjustment shall hear and decide appeals where it is alleged there is error in any order, requirement, decision, or determination made by an administrative official in the enforcement or administration ofthis Ordinance. Oak Park Heights- 0912112009 revision - 14- Page 119 of 152 10.33 Variances. "f'lie Board of Adjustment may authorize upon appeal in specific cases such relief or variance from the terms of this Ordinance as will not be contrary to the public interest and only for those circumstances such as hardship, practical difficulties or circumstances unique to the property under consideration, as provided for in the respective enabling legislation for planning and zoning for cities or counties as appropriate. In the granting of such variance, the Board of Adjustment shall clearly identify in writing the specific conditions that existed consistent with the criteria specified in this Ordinance, any other zoning regulations in the Community, and in the respective enabling legislation that the granting of the variance. No variance shall have the effect of allowing in any district uses prohibited in that district, permit a lower degree of flood protection than the regulatory flood protection elevation for the particular area, or permit standards lower than those required by state law. 'File following additional variance criteria of the Federal Emergency Management Agency must be satisfied: (a) Variances shall not be issued by a community within any designated regulatory floodway if any increase in flood levels during the base flood discharge would result. (b) Variances shall only be issued by a community upon (i) a showing of good and sufficient cause, (ii) a determination that failure to grant the variance would result in exceptional hardship to the applicant, and (iii) a determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances. (c) Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief. 10,34 1 Iearings. Upon filing with the Board of Adjustment of an appeal from a decision of the /oning Administrator, or a ll application for a variance, the Board of Adjustment shall fix a reasonable time for a hearing and give duc notice to the parties in interest as specified by law. The Board of Adjustment shall submit by mail to the Commissioner of Natural Resources a copy of the application for proposed variances sufficiently in advance so that the Commissioner will receive at least ten days notice of the hearing. 10.35 Decisions. The Board of Adjustment shall arrive at a decision on such appeal or variance within Et_irety_�0) days. In passing upon an appeal, the Board of Adjustment Harty, so long as SUCK action is in conformity with the provisions of this Ordinance, reverse of affirm, wholly of in part, or modify the order, requirement, decision of determination of the Zoning Admini or Other public official. It shall make its decision in writing setting forth the findings of fact and the reasons for its decisions. In granting a variance the Board of Adjustment may prescribe appropriate conditions and safeguards such as those specified in Section 10.46, which are in conformity with the purposes ofthis Ordinance. Violations of'such conditions and safeguards, when made a part of the terms under which the variance is granted, shall be deemed a violation of this Ordinance punishable under Section 12.0. A copy of all decisions granting variances shall be forwarded by mail to the Commissioner of Natural Resources within ten (10) days of such action. 10.36 Appeals. Appeals from any decision of the Board of Adjustment may be made, and as specified in this community's official controls and also by Minnesota Statutes. 10.37 flood Insurance Notice and Record Keeping. The Zoning Administrator shall notify the applicant for a variance that: I ) The issuance of a variance to construct a structure below the base flood level will result in increased premium rates for flood insurance up to amounts as high as $25 for $100 of insurance coverage and 2) Such construction below the 100 -year or regional {Mood level increases risks to life and property. Such notification shall be maintained with a record of all Oak Park lleighls- 0912.112009 revision - 1 5 - Page 120 of 152 variance actions. A coinilnunity shall maintain a record of all variance actions, including Justification for their issuance, and report such variances issued in its annual or biennial report submitted to the Administrator of the National flood Insurance Program. 0.4 Conditional Uses. `l he c3fxErrfig .13r_xlt > /'lc�ria_r ='r��t1: /cz' ef= Itf'j�rsi:jCify_.Catncil shall hear and decide applications for conditional uses permissible under this Ordinance. Applications shall be submitted to the Zoning Administrator who shall forward the application to - {De i r crfet 3E3c t?� -City Council for consideration. 10.41 Hearings. Upon filing with the (I ..... ... .. Cif-- CqtrtZCil an application for a conditional use permit, the _ (lae3r�� {r�cl l3r�ct�). Cif shall submit by mail to the Commissioner of Natural Resources a copy of the application for proposed conditional use sufficiently in advance so that the Commissioner will receive at least ten days notice of tile hearing. 10.42 Decisions. The n _ w (Di?;4 ; i ra�cr�ecl 3c�cly} City Council shall arrive at a decision on a conditional use within In granting a conditional use permit the -_ - _(Desif;nLli d l fldy) shallC - prescribe appropriate conditions and safeguards, in addition to those specified in Section 10.46, which are in conformity with the purposes of this Ordinance. Violations of such conditions and safeguards, when made a part of the terms udder which the conditional use permit is granted, shall be deemed a violation of this Ordinance punishable under Section 12.0. A copy of all decisions granting conditional use permits shall be forwarded by mail to the Commissioner of Natural Resources within ten (10) days of such action. 10.43 Procedures to be followed by the {ge;s•igl.lgte 1430(.1y-). .. City_Cou>Ici „t ill Passing on Conditional Use Permit Applications Within all blood Plain Districts. (a) Require the applicant to furnish such of the following information and additional information as deemed necessary by the _(f)es€gnated Body)_ Ct y LG jgjGil for determining the suitability of the particular site for the proposed Use, ,including vut limited _ to: (1) Plans in triplicate drawn to scale showing the nature, location, dimensions, and elevation of the lot, existing or proposed structures, fill, storage of materials, flood proofing measures, and the relationship of the above to the location of the stream channel and (2) Specifications for building construction and materials, flood proofing, filling, dredging, grading, channel improveme storage of materials, water supply and sanitary facilities. {b) Transmit one copy ofthe information described in subsection (a) to a designated engineci or other expert person or agency for technical assistance, where necessary, in evaluating the proposed project in relation to flood heights and velocities, the seriousness of flood damage to the use, the adequacy of the plans for protection, and other technical matters. (c) Based upotn the technical evaluation of the designated engineer or expert, the 1 -City Council shall determine the specific flood hazard at the site and evaluate the suitability of the proposed use in relatio to the flood hazard. 10.44 Factors Upon Which the Decision of the -fl igxna1e l3r c-l}J- -C_ Council _Shall Be Based. In paSSl]]g L1pOEn conditional u se applications tine - (]�E4iTt�EttECa'13cc1). C i_iX CGouI)cil shall consider all relevant factors specified in other sections of this Ordinance, and: (a) The danger to life and property due to increased flood heights or velocities caused by encroachments. (b) The danger that materials may be swept onto other lands or downstream to the injury of others or they may block bridges, culverts or other hydraulic structures. (c) ']'lie proposed water supply and sanitation systems and the ability of these systems to prevent disease, containination, and Linsamtary conditions. Oak Park I fe ighis- 09/2.f/2009 revision - 16- Page 121 of 152 (d) The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner. (e) The importance of the services provided by the proposed facility to the Conlin Lill ity. (f) The requirements of the facility for a waterfront location. (g) The availability of alternative locations not subject to flooding for the propose([ use. (h) The compatibility of the proposed use with existing development and development anticipated in the foreseeable future: (i) The relationship of the proposed use to the comprehensive plan and flood plain management prograin for the area. {j) The safety of access to the property in times of flood fo €• ordinary and emergency vehicles. (k) The expected heights, velocity, duration, rate of rise, and sediment transport of the flood waters expected at the site. (1) Such other factors which are relevant to the purposes of this Ordinance. 10.45 Time for Acting on Application. The {le,r,7f?crt�cl ;�., City Cou��cil shall act on an application in the manner described above within ninciy ciay days fi•om receiving the application, except that where additional infor €nation is required pursuant to 10.43 of this Ordinance _oi_as _ may_be_12_jmitted by Minnesota 'l'he Cif Cuarrrcrl (��cA3_i�rtaErlec� Boel � shall render a written decision within n� ncty (9 ).. days from the receipt of such additional information. 10.46 Conditions Attached to Conditional Use Permits. Upon consideration ofthe factors listed above and the purpose of this Ordi nance, the ­­ �'1l} �� @ ;r�,1[ffCL 3()( j? .. n Shall attach Slleh conditions to the granting of conditional use permits as it deems necessary to fulfill the purposes of this Ordinance. Such conditions may include, but are not limited to, the following: (a) Modification of waste treatment and water supply facilities. (b) Limitations on period of use, occupancy, and operation. (c) Imposition of operational controls, stireties, and deed restrictions. (d) Requirements for construction of channel modifications, compensatory storage, dikes, levees, and other protective measures. (e) blood proofing measures, in accordance with the State Building Code and this Ordinance. The applicant shall submit a plan or document certified by a registered professional engineer or architect that the flood proofing ntcasureS are consistent with the regulato flood protection elevation and associated flood factors for the particular area. SECTION 11.0 NONCONFORMING USES 1 1.1 A structure or the use of a structure or premises which was lawful before the passage or amendment of this Ordinance but which is not in conformity with the provisions of this Ordinance may be continued Su bject to the following conditions. Historic structures, as defined in Section 2.831(b) of this Ordinance, shall be subject to the provisions of Sections 1 1.1 1 — 1 1.15 of this Ordinance. 1 1.1 1 No such u se shall be expanded, changed, enlarged, or altered in a way that increases its nonconformity. 11.12 Any structural alteration or addition to a nonconforming structure or nonconforming use which would result in increasing the flood damage potential of that structure or use shall be protected to the Regulatory I lood Protection I'levation in accordance with any of the elevation on fill or flood proofing techniques (i.e., FP -1 thru FP -4 floodproofi €lg classifications) allowable in the State Building Code, except as further restricted in 11.13 and 11.16 below. Oak Park Heighis- 09129120119 revision - 17- Page 122 of 152 11.13 The cost of all structural alterations or additions to any noncollfo structure over the life of the structure shall not exceed 50 perce of the market value of the structu€ unless the conditions of this Section are satisfied. 'The cost of all. structural alterations and additions 111ust include all costs such as construction materials and a reasonable cost placed oil all manpower or labo If the cost of all previous and proposed alteratio and additions exceeds 50 percent of the market value of the structu then the structure 111ust meet the standards of Sectio 4.0 or 5.0 of this Ordinance for new structures depending upon whether the stn'uctul'e is in the Floodway or Flood Fringe District, respectively. (Nods= rJlttrr)rrrrl: ----- d - rr- entrrrrruliftY 1s hhe. o- ,delete this r e:4l)eeth DNR- Dialer•}' raa�err- Jr��rla�r�lragr:�t. J�ir�- �c�lrl {teerrtertt-- al�rra�rlrarg:) 1 l .l4 If any nonconforming use is discontinued for 12 consecutive months, any future use of the building premises shall confo to this Ordinance. The Assessor shall notify the 'Zoning Administrato in writing of instances of nonconforming uses that have been d €SC011tnllled for a period of 12 months, 1 l ,15 If any nonconforming use or st ruchn'e is substantially damaged, as defined in Section 2.830 of this Ordinance, it shall not be reconstructed except in conformity with the provisions of this Ordinance. The applicable provisions for establishing neNv uses or new structures in Sections 4.0, 5.0 or 6.0 will apply depending upon whether tine use or struCtllre is in the F loodway, flood F ringe or General [Mood Plain District. respectively. 11.16 If a Substant improvcment occurs, as defined in Section 2.831 of this Ordinance, froill a combination of a building additio to the outside dimensions of the existing building or a rehabilitation, reconstruction, alteration, or other improvement to the inside dimensions of an existing nonconforming btlilding then the bUllding addition and the existing nonconforming building IpuSt Meet the NgUil'Cments of Section 4.0 or 5.0 of this Ordinance for new structures, depending upon whether the StRMUI'e is in the Floodway of Flood Fringe Distr ict, respectively. SECTION 12.0 PENALTIES FOR VIOLATION 12.1 Violation of the provisions of this Ordinance or failure to comply with any of its requirements (including violations of conditions and safeguards established in co €lnection with grants of variances or conditional uses) shall constitute a misdemeanor and shall be pu€lishable as defined by law. 12.2 Nothing herein contained shall prevent the City of Oak Park Heights from taking such other lawful action as is necessary to prevent or remedy any violation. Such actions may include but are not limited to: 12.21 In responding to a suspected Ordinance violation, the Zoning Administrator and local Government may utilize the full array of enforcement actions available to it including but not limiter[ to prosecution and fines, in after -the -fact permits, orders for corrective measures or a request to the National Flood Insurance Program for denial of flood insurance availability to the guilty party. The Community must act in good faith to enforce these official controls and to correct Ordinance violations to the extent possible so as not to jeopardize its eligibility in the National Flood Insurance Program. Oak Park lfeigkls- 0912V2009 revision - 8 Page 123 of 152 12.22 When an Ordinance violation is either discovered by or brOUght to the attention Of the Zoning Administrator, the Zoning Ad ministrator shall immediately investigate the situation and document the natu and extent of the violation of the official control. As soon as is reaso possible, this information will be submitted to the appropriate Department of Natural Resources' and Federal Emergency Manageme Agen Regional Office along with the Communi plan of act to correct the violation to the degree possible. 12.23 The 'Zoning Administrator shall notify the suspected party of the requirements of this Ordinance and all other official controls and the nature and extent of the suspected violation of these controls. If the structt €re and /or use is under corIstructiorl or development, the "Zoning Administrator may order the construction or development immediately halted until a proper permit or approval is granted by the Community. if the construction or development is already completed, then the "Zoning Administrator may either: (1) issue an order identifying the corrective actions that 111ust be made within a specified time period to bring the use or structure into compliance with the official controls; or (2) notify the responsible party to apply for an after - the -fact permit /development approval within a specified period of time not to exceed 30 -days. 12.24 If the responsible party does not appropriately respond to the Zoning Administrator within the specified period of time, each additional day that lapses shall constitute an additional violation of this Ordinance and shall be prosecuted accordingly. The Zoning Administrator shall also upon the lapse of the specified response period notify the landowner to restore the land to the condition which existed prior to the violation of this Ordinance. SECTION 13.0 AMENDMENTS The flood plain designation on the Official Zoning Mal) shall not be removed from flood plain areas unless it can be shown that the designation is in error or that the area has been filled to or above the elevation of the regulatory flood pr•otectiori elevation and is contiguous to lands outside the flood plain. Special exceptions to this rule may be permitted by the Commissioner of Natural Resources if he determines that, through other measures, lands are adequately protected for the intended use. All amendments to this Ordinance, including amendments to the Official Zoning Map, must be submitted to and approved by the Commissioner of Natural Resources prior to adoption. Changes in the Official Zoning Map must meet the Federal Emergency Management Agency's (1::3MA) Technical Conditions and Criteria and €oust receive prior FLMA approval before adoption. The Commissioner of Natural Resources must be given 10 -days written notice of all hearings to consider an amendment to this Ordinance and said notice shall include a draft of the Ordinance amendment or• technical study under consideration. EFFECTIVE DATE: This Ordinance sliall be in full (force and effect from and after its passage and approval and publication, as required by law and /or charter. Adopted by the E3ou-cl /City Council (Cone amity- Name)City_of'Oak_Par_k 13ei gl�ts Oak Park Heighis- 0912412009 revisio" - 19- Page 124 of 152 This of (Day) (Montle) (deal Attest: , Co�ai�il 13oa -E hzairl�e�so�� /Mayor David Beauidct(Name of Elected Offieial) Attest: County Administrator /Cify-Cler-h Eric Johnson ( Name- of Communit:y-Offic-4,14) Stamp With Com13Iunity Seal: Oak Park Heights- 0912412009 revision -20- Page 125 of 152 Exhibit E - Resolution t® Apply t® Participate in the National Flood Insurance Program. Page 126 of 152 RESOLUTION RESOLUTION TO APPLY TO PARTICIPATE IN THE NATIONAII FLOOD INSURANCE PROGRAM WHEREAS, certain areas of the City of Oak Park Heights are subject to periodic flooding or flood - related erosion, causing serious damages to properties within these areas; and WHEREAS, relief is available in the form of federally subsidized flood insurance as authorized by the National Flood Insurance Act of 1968; and WHEREAS, it is the intent of the City Council for the City of Oak Park Heights to require the recognition and evaluation of flood or flood- related erosion hazards in all official actions relating to land use in areas having these hazards and WHEREAS, this body has the legal authority to adopt lazed use and control measures to reduce future flood losses pursuant to Minnesota Statutes Chapters 103p and 462, NOW, `1'1- 1EREFORE, 13E IT RE "SO1,VED, that the City Council for the City of Oak Park Heights hereby: I . Assures the Federal Emergency Management Agency that it will enact as necessary in those areas having flood or flood - related erosion hazards, adequate land use and control measures with effective enforcement provisions, including: a. Require permits for all proposed construction or other development in the community so that it may determine whether such construction or other development is proposed with the floodplain. b. Review proposed development to assure that all necessary permits have been received from those governmental agencies from which approval is required by Federal or State law. c. Review and maintain all permit applications to determine whether proposed building sites will be reasonably safe from flooding. d. Review and maintain all permit applications to ensure that any development activities are consistent with criteria set forth in Section 60.3 of the National Flood Insurance Program Regulations. 2. Vests the City Administrator with the responsibility, authority, and means to: a. Assist the Administrator, at his request, in his delineation of the limits of the area having special flood or flood - related erosion hazards. b. Provide such information as the Administrator may request concerning present uses and occupancy of the floodplain or flood - related erosion areas. c. Cooperate with federal, state and local agencies and private firms which undertake to study, survey, map and identify floodplain or flood- related erosion areas, and cooperate with neighboring communities with respect to management of adjoining floodplain and /or flood - related erosion areas in order to prevent aggravation or existing hazards. Page 127 of 152 d. Submit on the anniversary date of the community's initial eligibility an annual report to the Administrator on the progress made during the past year within the community in the development and implementation of floodplain management measures. e. Upon occurrence, notify the Administrator, in writing, whenever the boundaries of the community have been modified by annexation or the community has otherwise assumed or no longer has authority to adopt and enforce floodplain management regulations for a particular area. In order that all Flood Hazard Boundary Rate Maps accurately represent the community's boundaries, include within such notification a copy of a map of the community suitable for reproduction, clearly delineating the new corporate limits or new area for which the community has assumed or relinquished floodplain management regulatory authority. f. Ensure that the community's Flood Insurance Rate Maps are maintained and kept current by providing the Federal Emergency Management Agency with any new or updated flood risk data or any modified data reflecting natural or man -made changes to the floodplain. 3. Appoints the City Administrator to maintain for public inspection and to furnish upon request if available, for the determination of applicable flood insurance risk premium rates within all areas having special flood hazards identified on a Flood Hazard Boundary Map or Mood Insurance hate Map, any certificates of flood - proofing, and information on the elevation (in relation to mean sea level) of tile level of the lowest floor (including basement) of all new or substantially improved structures, and include whether or not such structures contain a basement, and if the structure has been flood proofed the elevation (in relation to mean sea level) to which the structure was floodproofed; 4. Agrees to take such other official action as may be reasonably necessary to carry out the objectives of the program. Passed by the City Council for the City of Oak Park Heights this 12' day of January, 2010. By Order of the City Council David Beaudet, Mayor ATTEST- Eric A. Johnson City Administrator Date Massed: Certification: Page 128 of 152 ®ale Parr Heights Request for Council Action Meeting Date: January 12, 2010 Time Required: 5 min Agenda Item Title: Alcohol Compliance Failure - Grand Grille & Pizzeria Agenda Placement: New Business Originating Department /Requester: Oak Park Heights Police Dept,, Chief Brian DeRosier Requester's Signature. Action Requested: Administrative Sanction of $500 / Hearing to Show Cause Background /lustif ication: On December 21, 2009 the Oak Park Heights Police Dept. conducted routine alcohol compliance checks on all vendors licensed within the city of Oak Park Heights, MN. During the compliance check an officer ol'the OPII P.D. was assisted by 2 less than 21 year old volunteers. The volunteers entered the business of Grand Grille & Pizzeria asking the server / manager for an alcoholic beverage -- Michelob Golden bight Beer. The manager asked them Im identification. The manager looked at one of the licenses and handed them back to the volunteers. The manager then served the less than 21yr olds each alcoholic beverage in violation of state law. 'the OPII P.D. Officer then went into the store and advised the store manager of the offense. The manager is being charged criminally ruder MNSS 340A.503,2 a Goss Misdemeanor offense, The establishment has had no previous applicable violations since their initial opening in 2009 that would apply to the look back period of 24 months in compliance with city resolution. In conformance with OPH Resolution 00 -07 -391 recommend the council impose a $500 sanction against the license of St Croix Boat and Packet, Grand Grille and Pizzeria to be paid within 60 days and a Dearing to Show Cause on Jan. 26` 2010 if the merchant wishes to contest the $500 sanction. Page 129 of 152 CITY OF OAK PARK. IIEIGIITS WASUINGTON COUNTY, M)NNESOTA IN RE: LICENSE tI 40 It Sell Wbe and Strong Beer — "ON SALE" License ORDER TO SHOW CAUSE TO: St Croix Boat and Packd Co., 'Trade Ahme Grand Grill do Pizzeria, 14587 60` St No., Oak Park Heights AIN 55082 At (lie direction of the City Council for the City of Oak Parl; l leig hts. it is hereby ordered that you per one of the following two items: 1) You NM% Robert Anderson - Presidcrrt , or your rcprescntativcs. must appear belbre the City Council of the City of Oak Park I Qhts at 740 pmt on Jnumy 20 . 2M A at the Cit>AAmKpM Bull Kg locatad m 14 MS 0A Pm Boulevard Teo., Oak Park flel ts, Minn"ma 55M2. or as soon Tam ter as cotmcil can be heart] and show cause, if any you have, why an order should not he issued by the CAW COtEnell Ir the City of (bk Part. I Mom imposing tines, iimitinft- suspending or revoking your 2010 License to sell to sell Wine and Strong Beer -- "ON SALE" License (,140) as had been previously issued by the City of Oak liar]: heights to: St Croix Boat and PaAd Co., Mid Grille S Pizzeria. Specifically, you should show cause why your license or future licenses us referenced ahovu Should not be suspended, R -voked or other .Sanctions imposed by the City of Oak Park I €eights as a result of illegoal Sales alcohol to a minor as occurred on your premises on December 21 ". 2009. 2) Pay a M00 MR forfi=AU= this a mumt Set by City Ordinance and is the 17cmalty for to first offense. Dull pavmcnt must be received by the City no later than Tuesday. March 15", 2010. Dated this 6th day of.lanuary 2010. BY ORDER 01 TI11; CITY COUNCIL Brian DcRosicr Chief of Police Page 130 of 152 No. 40 r City Oak Park Ilts Fee $ 575 .'00 County Washington Alcohol & Gamhling Enforcemont THIS CERTIFIES THAT: Wine License -- "O Sale" LICENSEE St. Croix Boat & Packet Co. TRADE NAME Gxi1.1e & Pizzeri STREET ADDRESS OR LOT.A BLOCK NO 14587 60th St. N.` Is audio for the ertod he ivaun Janua' 15 , 2009 t De Ib} 31, �00� �� " P S o �4s.e11 R!INE"NOT.EXQE -EDING 14 ALCOI�OL BY VOLUME AT RETAIL OINL_'' FOR CWN bMPRTi �'0 , J� �L�v3ISRS Si7B7B �0 THE LAWS.AND"REGULATIONS OF THE STATE OP MINNESOTA AND7"HE OR'DINAiV E b�lI'� . 1�TI 3PAL(IY 0� 0 pp " "STRONG - BEER AUTHdRILA`IIa -- .YE; - NO EJ V Mayor or President . CLEW k1UDITl77z "SIG ATURE 'G9 n un :iy hand.and the Ivfuntcipa€ C or o "rpaie $eal, SVII�APPR�s 2009 city a' Okeh"ts Hate -1 -14 -09 7 JAI tcohol 8 Gai )bftiEttforcement Director Date " CLERK or Recorder" PS9I t3 -0. (3105 " 1 Page 131 of 152 This Page Is Left Intentionally Blank. �4 1 Page 132 of 152 `=J Oak Park Heights Request for Council Action Meeting Date: January 12, 2010 Time Required: .5 min Agenda Item Title: Tobacco Compliance Violation - Walgreens Agenda Placement: New Business Originating Department /Requestor: Oak Park Heights Police Dept., Chief Brian DeRosier Requester's Signature Action Requested: Administrative Sanction of $1000 and one 5 day license suspension of Monday - Friday period / Hearing to Show Cause Background /.Iustification: On December a0, 2009 the Oak Park I- leights Police Dept. conducted routine tobacco compliance checks on all vendors licensed within the city of 0ak Park Heights, MN. During the compliance check an officer of the 01 P.D. was assisted by a less than 18 year old volunteer. The volunteer entered the Business of Walorcens askim -Y the store clerI: for a pack of ciarttes, The clerk asked her for identification. The clerk scanned the MN D1. of the volunteer and then also manually computed the age. The clerk completed the sale of a pact: of cigarettes. The under 15 year old volunteer completed the transaction using US Currency that was provided by the 0111 P.D. The OPI-I P.D. Officer then returned immediately to the store and advised the store manager and the clerk of the olTense. The clerk is being charged criminally under MNSS 609.685.1A - 1 st violation misdemeanor offense. 7"he merchant Walgreens has had I previous applicable violation in Dec. 2008 to apply to the look back period of 2 months in compliance with city resolution. The store also had a violation in 2005 however that violation ,vould not apply under the guidelines of OPI -I Resolution #01 -02 -13 as it is not within a 24 month period of the first violation. In conformance with OPH Resolution 01 -02 -1 ) 1 recommend the council impose a $1,000.00 sanction and a 5 day suspension of tobacco sales on a Monday . -- Friday period against the license of Waloreens to be paid within 60 days and suspension during the period February l" to the 5"' 2010 or a Hearing to Show Cause; on Jan. 26 2010 if the merchant wishes to contest the $I1 000 sanction and license suspension. Page 133 of 152 CITY O OAK PARIti. BEIGI1TS WASHINGTON COUN'T'Y, MINNESOTA IN RE: LICE,NSI, U X30 TO SE1J, `I'OI3ACCO, TOBACCO PR011UCI'S, OR TOBACCO RELATED I }I,VICI <,S ORDER TO SHOW CAUSE. TO: 1VAgreens Co., 6061 Osgood Ave No., Oak Park tieighN, MN 55082 At the dirw ion of the City Coumil for to City of Oak Park Heights, it K bCrCby or(lcrecl thal ytxi, Mmgahm MY), or your represcntatiN-es, appear belore the City Cou::cil of the City of Oak Park F AWIs at 7:00 Pm on January 25h, 2010 at the City Mttnic.ipal 13uikibig located at 14168 Oal. Park .Boulevard No.. Oak Park Heights, AAWcsnta 55082, or as soon thereafter as cOuncil can be hear(] and show cause, if ally you hav, , why an order sho(3ld no[ be issued by the Chy Cm mWI for the C.'ity of Oak Part. Heights inlposinly finen lAHNing, suspend ng or rmmking your 2010 (and futt. Q 1JieCnsC 10 scl) T()baCeo, "I'obacco pro(1uc[s or Tobacco belated Products as lmd been Immiou ly issued by the C , of0ak Part: 11ci4!h[s to Co. Specifically, you should show cause why your license as referenced above should not be susI)CHdCd, revoked or other sanctions imposed by the City of0ak PaS 116ghts as a remelt. of illegal sales of tobacco to a minor aS ocCUrrcd on your prenjises on Decomber 30, 2009, Date(1 this 6th clay of•lanuar 2010 1.3Y ORDER OF THE. CITY COUNCIL Brian DeRosicr Chiel'of Police Page 134 of 152 License Fee: 5150.00 License No Sib License to Sell Tobacco and Tobacco Products at Retail State of Minnesota } County of Washington } City of 0'1k park Heights LICENSE IS HEREBY GRANTl;D TO Walgreens - 406916 to sell tobacco and tobacco products at retail at 6061 Osgood Ave. N. in the City of Oak Park Heights in said county and state for the term of One Year, beginning with the Ist day of January, 2009; sul }ject to the laws of the State of Minnesota and the ordinances and regulations of said City of Oak Park Heights, pertaining thereto. City C0111161 of t e ,it of O- "ark Heights Attest: Deputy Clerk /Nance Director City A ministrator Da e December 19, 2008 5 (S#IAL) Page 135 of 152 This Page Is Left Intentionally Blank. iq 5 I Page 136 of 152 Oa Park Heights Request for Council Action Meeting Date: January 12111, 2030 Time Required.: s Minutes Agenda Item Title: Consider Grant AuI3Iication — t ECBG — MN De?t of Eneryv Securitv Agenda Placement: New Business Originating Department /Requeotor. Eric..r�nson CitAcrni nistrator Requester's Signature Action Requested Back ound /Justifi tion (Please indicate if any previous action has been taken or if other public bodies have advised) Phase see attached rnemo. Page 137 of 152 City of Oak .park Heights 14168 Oak Park Blvd. N Box 2007 o Oak Park I leights, MN 55082 Phone (651) 439-4439 m Fax (651) 439-0574 December 8th, 2010 MEMO TO: City Council Members fb FROM Eric Johnson, City Administmtdr RE: EECBG - Application Possibififi6s The MN Office of Energy Security has issu6,d the scope and rules for the Energy Efficiency and Conservation Block Grant Program. These materials were released on Dec 14 2009. The Department is seeking relatively quick turnaround for applications and as such eligible cities must provide two sets of documentation: 1. Notice of Intent to Apply for funds -due Jan 15 2. Full Application due Jan 25 1 h, 2010. In an effort to access some level of funds, as the City of Oak Park heights is not an entitlement City such as Woodbury, St. Paul and other larger cities that are guaranteed funds, the City must submit a competitive application. The maximum the City may request may not exceed $100,000 for one (or multiple) projects. Possible Use of Funds: Some possible programs that could be implemented include elements achieve the goal for better energy efficiency in City operations and/or in new developments as part of the public infrastructure elements. o The City can begin with a survey of the Greenhouse Gas Emission f Carbon Footprint) for the City's municipal facilities and equipment. This will be used to establish the base year for City energy use, or in other words creating a benchmark for the City's currenf efficiency and emissions. This will be beneficial as a means of determining Green House Gas (GFIG) reduction progress. Additionally, the City should establish this baseline now with the "old" City hall as part of that baseline. Page 138 of 152 NOTE: Bonestroo has prepared a Proposal to the City of Duluth for a similar Inventory and is attached. The Proposal provides a general synopsis of the anticipated outcomes that the City could expect.) • Exploration of opportunities and programs to encourage energy efficiency in commercial development and redevelopment (i.e. minimum insulation requirements, lighting replacements to LED, L.E.E.D. certified buildings) can then be performed. Possible establishment of grant /loan program to encourage or subsidize the use of more energy efficient systems, (such as LED lighting) in a parking lot. • Revisions and changes can be made to the master plans and development ordinances to encourage energy efficiency and greenhouse gas reductions. Committees can be formed to implement and encourage energy efficiency. Having discussed these options with BONESTROO, Bonestroo would be willing to write the necessary grant applications at no cost, the obvious benefit they receive is working on these projects. Requested Actions: 1. Authorize the preparation and submission of Letter of Intent and /or Final Application to the MN Dept of Energy Security that requests not more than $100,000 for projects meeting above general Uses of Funds. 2. Authorize the use of up to $10,000 from the City's Municipal Building Fund for used as grant match. These funds would only be utilized if a grant is awarded. (The Municipal Building Fund Balance is $160,989) Page 139 of 152 " ense. P.Sinnn..nla t?ap:�rinmof uE isn.nnu... REQUEST FOR PROPOSALS: Energy Efficiency and Conservation Block Grant Program -ARRA Reference Number: OES- 12142009- EECBG01 Minnesota Department of Commerce Office of Energy Security Date of Issue: December 14, 2009 Notice of I ntent Due January 15 2010 Proposals Due: January 25, 2010 I . B ackground ........................................................................................................................... ..............................2 GrantPurpose ....... ............................. ............................................ ....................................................... ....... ...... "2_ Funding................................................................................................................................. ..............................2 II Application Process .............................................................................................................. ..............................3 Timellne................................................................................................................................ ..............................3 Questions ............................................................................................................................. ..............................3 Notice Intent .................................................................................................................... ..............................3 ProposalSubmission Requirements .................................................................................... ..............................4 SelectionDate ...................................................................................................................... ..............................4 Termsand Conditions .......................................................................................................... ..............................4 Ill. Eligibility ............................................................................................................................... ..............................4 EligibleApplicants ................................................................................................................ ..............................4 EligibleActivities. .................................. ..... — .................................................................. ................................. 4 Eligible Projects and Limitations include: ......... ....................................................................................... ........ S EligiblePrograms Include: ................................................. --- .................................................... .................... 5 IneligibleActivities ................ ........................... ................................... ................................................ ............... G Eligible Scope of Work- Period of Performance ... .... ......................... ................................................................ G MinimumApplicant Match ..... ..................................... ......... ..... .... ............... ..................................................... G EligibleExpenses... ............................. ................. .................................. ....... ........................................ 6 IneligibleExpenses .................... .............................. ......................................................................................... ..G N. Proposal Content .................................................................................................................. ..............................7 Required Contents for Project Proposals ............................................................................ ..............................7 Required Content for Programs .......................................................................................... ..............................7 V. Proposal Review and Evaluation .......................................................................................... ..............................8 Direct Energy Saving Project Evaluation ............................................................................. ..............................8 indirect Energy Saving Program Evaluation ........................................................................ ..............................9 VI General Requirements .................................................................................................... ............................... 10 Federal Requirements ...................................................................... ............................... 10 StateRequirements ......................................................................................................... ....1......I................... 13 VII. RFP FORMS., ..................................................... -1-1 ............ ................. ............... ................. ............. 16 Department of Coimmi:rce — OES- 12142009- FECBG01 .1 Page 140 of 152 H. Application Process Timeline _. - ........................... ...... _..__.. .._......-- _- _---- --- ......._.._ __.-._..._............. .... Description Due Date _.._. -..... - _... ............ ...._- __....__, RFP Posted [December 14, 2009 Question Due Date December 29, 2009 by 4:00 p.m., Central Standard Time (CST) ' ... ..... ....... .... .... .-..-.....- ........ -... _..... .... _. _ __ — - - - -.— Responses to Questions issued Janua 11, 2010 _ ... ....... ...... .. ............................... _ ........ ._ ..... _._v ._ Notice of Intent Due Date & Time January 15, 2010 by 4 :00 p.m,, CST Proposal Due Date & Time January 25, 2010 by 4:00 p.m., CST Short -List Notification to Responders March 12, 2010 _._...__..... . ......................... ........ .....- _................... __......_..._.. - -.. Grants Targeted to Begin April 2010 - _ ...._...... -- -..-._.- .._.._ -- ...._.._. -._ -_- -- - - - -- -- -- - -- - -- - - - Project Grants to be Completed By March 31, 201.1 ..... . ..... .... . ................ ........ _ ....... .... Program Grants to be Completed icy June 30, 2012 Questions All questions concerning this RFP must be. submitted in writing or by e -niad to: Natalie Buys Department of Commerce 85 Seventh Place East, Suite 500 Saint Paul, MN 55101. energy,contracts @state. mr3.us All questions regarding this RI-P must be received no later than 4:00 p.m., CST on December 29, 2009, A Copy of all questions and responses will be posted to the RI ll page of the OI S website (www.en(-rgy.n3n:gov) no later than January 11, 2010, Other Department of Commerce personnel are NOT authorized to discuss this RFP with applicants, Contact regarding this RCP with any personnel not listed above could result in disqualification. Notice of intent Applicants are require(] to submit a Notice of Intent via e -mai[ to e .c�'or7tr . icts(�?state.mn.s, no later than 4:00 p.m., CST, January 15, 2010. Notices of Intent should contain "(applicant's name- Intent EECBG" in the subject line and include the following: 1. Name of eligible local government; 2. Contact name and e -mail address; 3. Estimated dollar amount of grant request; 4. Estimated dollar amount of total project cost (including rrlatching funds); 5. Eligible activity or activities for which grant will be used; and G. One paragraph description of project or program. The information provided in the Notice of Intent will assist OES in planning adequate resources for proposal review and evaluation. Applicants should provide their best estimates of total cost and grant request amount. Applicants will not be bound to the estimates made in the Notice of Intent: Department of Commerce — OE5- 12142009- EECBG01 3 Page 141 of 152 Eligible activities are divided into two application categories: projects and programs. Projects are specific activities, such as building energy efficiency retrofits, which result in direct, quantifiable reductions in energy use, Programs are activities, such as energy audits or financing programs, that do not directly provide energy savings, but that support or enable a subsequent activity that provides energy savings. Eligible Proiects and Limitations Include: 1. EnerRv Efficiencv Retrofits_ Grant funds may be used to make energy efficiency hnprovernents in existing buildings. Proiects Are Limited To: o Insulation, weatherstripping, caulking and sirnilar building envelope improvements. o Window and door repair or replacement. o Lighting and control improvements. o Heating, venting, and air conditioning (I-IVAC) upgrades. o Purchase and installation of ENERGY STAR appliances. o Domestic hot water (DHW) system improvements. 2. Traffic Slpnal and Street Lighting: Grant funds may be used to replace traffic signals and street lighting with energy efficient lighting technologies, or to optimize traffic signal control systems. 3. Renewable Enerpv Technologies on Government Bui ldings: Grant funds may be used to install renewable energy equipment on or in a building owned by the applicant, including solar, wind energy, and bioniass. Proiects Are Limited To: o Solar Electricity /Photovoltaic - appropriately-sized system or unit on existing rooftops and parking shade structures; or a 60 KW system or smaller unit installed on the ground within the boundaries of an existing facility. o Wind Turbine - 35 ICW or smaller. o Solar Thermal - ground mounted systems are limited to 400 square feet; building mounted must be appropriately sized to building load. o Combined Heat and Power System - boilers sized appropriately for the buildings in which they are located. 4. Simple project payback, All projects must have a simple payback between 2 - - -10 years. EIN Programs Include: 1. Residential and Commercial Buiidinp Enerpv Audits: Grant funds may be used to conduct of residential and commercial building energy audits. 2. Buildini, Codes and Inspections: Grant funds may be used to develop and implement building codes and inspection activities to promote energy efficiency. 3. Technical Consultant Services: Grant funds may be used to retain technical consultant services to assist the applicant in the development of an energy efficiency and conservation strategy, including the formulation of energy efficiency, energy conservation, and energy usage goals; identification of strategies to achieve those goals through efforts to increase energy efficiency, reduce fossil fuel emissions or reduce energy consumption through investments or by encouraging behavioral changes and development of methods to measure progress in achieving the goals 4. f=inancial Incentive Programs: Grant funds may be used to establish financial incentive programs and mechanisms for energy efficiency improvements such as energy savings performance contracting, on -bill financing, and revolving loan funds, 5. Enerpv Efficiencv and Conservation Programs for Buildings and f=acilities: Grant funds may be used to develop and implement energy efficiency and conservation programs for buildings and facilities within the jurisdiction of the applicant. Proiects Are Limited To: o Design and operation of the programs. o Identifying the most effective methods for achieving the maximum participation and efficiency rates. o Public education, measurement and verification protocols. o Identification of energy efficient technologies. OepartmerA of Commerce — CES- 12142009- EECBG01 5 Page 142 of 152 IV. Proposal Content Proposals must be submitted in the format identified and within the page limits specified below. Required Contents for Project Proposals Section One — Application Form Applicants must complete and submit the application form provided in Attachment 1. Section Two — Proiect Narrative and Scope of Work Applicants must provide sufficient information for each project activity to pert OES to evaluate the technical feasibility of the activity, and the accuracy and reasonableness of the estimated energy savings and implementation cost. Project proposals must, at minimum provide: • Description of each proposed energy efficiency measure, including the existing equipment or building element to be improved, the current energy usage, the modification proposed, and the calculated energy and energy cost savings; include baseline assumptions, calculations, projected data and engineering lnformation. e A detailed estimate of all equipment, material and labor and related costs, including of labor haursfor completion of the project • For Building Retrofit Projects - Provide the base line energy use for the building or facility, how the energy efficiency measures being installed will affect the building's energy use, the two most recent years of monthly fuel and electricity use and the most recent B3 score for the building. • For Renewable Energy Installations - Complete Exhibits D, E, or F. Section Three — Budget, Applicants must provide a detailed budget as an attachment to their proposal. The budget niust include the overall cost for each improvement and a breakdown of equipment costs and labor costs for installation. include any and 1311 other associated costs (i.e., consulting, commissioning, travel, and other related expenses). Section t=our — Attachments 1. Documentation of financing commitments if match is proposed. 2. Appropriate exhibits for all applicants (see table in Section VII). Required Content for Programs Section One -- Application Form, All applicants must complete and submit the application forte (see Attachment 1). Section Two -- Proeect Description (10 page maximum) Provide a detailed description of the proposed program. Describe the goals and objectives of the program, how the applicant will meet its goals and objectives and how the achievement of those goals will be measured. Project Description must provide: 1. Explanation of how the proposal meets the objectives of the EECBG program. 2. Flow the effects of the proposed activity will be documented and evaluated (include all necessary calculations and assumptions). 3. Describe how the proposed program will be implemented and continued beyond the period of the grant. 4. Provide a detailed overview of the project team and all partners; include a history of projects and partner collaborations, if applicable. 5. For programs that involve multiple partners, provide an overview of each partner's responsibility as it relates to the scope of work for the project. G. Describe administrative, technical, and financial qualifications individually and collectively. 7, Provide a comprehensive overview of project team /partner responsibilities as they directly relate to the detailed scope of work for the project. Department of Commerce — OES- 12142009- ELCBGO1 � Page 143 of 152 2. Adequately demonstrate reasonable energy savings and job creation /retention estimates by providing sufficient information in order for OFS to evaluate and score proposals; and /or 3. Begin no later than June 1, 2010 and be completed no later than March 31, 2011, Phase 2 -- Scoring Proposals that meet the threshold criteria will be reviewed under a quantitative scoring system. Scores will be based on energy savings, energy cost savings, labor hours, and greenhouse gas emissions reductions. To ensure uniform calculations, GHG gas emissions reductions will be Calculated by OES. Scores in each category will have the following weights: 1. Energy Savings per $1,000 requested (3) 2. Energy Cost Savings per $1,000 requested (3) 3. Labor hours per $1,000 requested (3) 4. GHG gas emissions reductions (1) Tile scores in each category will be summed and the average total weight of each applicant's score will result in the final ranking of all proposals. Although match is not required, providing match will improve an applicant's score. The following example provided here shows a lighting retrofit project both with (A) and without (B) match provided, Both projects are equal in costs and labor hours. Because 25 percent match increases the ratios of energy cost savings /$1,000 requested and labor hours /$1,000 requested, Project A would receive a higher score. Project A: Lighting Retrofit with 25% match Project E3: Lighting Retrofit with NO Wraith Total Project Cost: $43,428 'Total Project Cost: $43,428 Funds Requested: $3 Funds Requested: $43,428 Annual Estimated Energy Cost Savings; $5,481 Annual Estimated Energy Cost Savings: $5,481 ...................... -.. ...................._.......... ,�,� nual Labor Estimated $ Saved Labor Hours Per Project Enemy per $1,000 Hours $1,000 Cost Requested requested Savings A $5,481.00 168.28 783 24.04 B $5,481.00 126.21 783 18.03 maximum 168.28 Maximum 24.04 Indirect Energy Saving Program Evaluation Proposals for programs that result in indirect energy savings will be evaluated on the extent and duality to which the narrative proposal includes a well- conceived strategy for addressing the requirements and objectives related to the estimated reduction in energy use, labor hours, and GI- G emissions. Programs will be evaluated in two phases. Phase 1 —Threshold Criteria, This phase is pass -fail. Any proposal that does not meet one or more of the following criteria will not be reviewed further. All proposals rust, 1. Meet the minimum application and activity eligibility requirements; 2. Include a comprehensive work plan detailing how proposal relates to the overall goals of the EECBG program; and 3. Begin no later than June 1, 2010 and be completed by June 30, 2012. Department of Commerce -- OES•12142009- EFCBG01 9 Page 144 of 152 PR0P05AL Greenhouse Gas Emissions Inventory and f=orecast PROFESSIONAL CONSUL7SNG SE3iVSCES LN Presented to: Terry Groshong . .,.., City of DUILIth DULUT D411 West First Street, Room 100 Duluth, MN 55802 By Bonestroo 2335 West !-highway 36 St. Paul, MN 55113 Phone: 651- 636 -4600 Fax: 65:1 -636 -131.1 Website: www.bonestroo.c.orn Contact person: Richard 1 Osa, CEP Project Manager Direct Phone: 847-562 -5577 Email: rick.osa @bonestroo.com December 3, 7009 Page 145 of 152 i'ROP 0SAL --- -. —........... -- - - -- ... -. _ .._..__.._..,..._ ........ ....... ----- - - - - -- Project Understanding Nace cursor at the beginning of CITY IS PROCEEDING WITH COMMITMENT TO this text and then Insert Picture. REDUCING GREENHOUSE GAS Rcsize picture to ensure that its width is la picas or 1.69 inches. When the City of Duluth enrolled in the Cities for Climate Protection (CCP) Campaign, it committed to addressing the global dimate change issue at a iocaf level. The CCP consists of a five milestone paths aimed at quantifying and reducing greenhouse gas emissions. The City prepared its Initial greenhouse gas (GFIG) inventory in 2001, reaching its first of five milestones. The following year, the City established a municipal GHG emission reduction target, thereby attaining the second milestone in the CCP process. City growth has undoubtedly varied from projections, and GHG emissions accounting methods have evolved in the eight years since preparing the first Duluth GHG emission inventory. Before formulating a Local Action Plan (the third CCP milestone), Duluth wishes to update its GHG emissions forecast, based on 311 upd�3ted 2008 base year inventory. GHG E MISSIONS INVENTORY AND EoRr"CAST INPORMS I_oCAL AC'3aoN PLAN The City of Duluth seeks a gW0fied consultant to develop the updated base year inventory and perform GHG emission projections out to the year 2020, The consultant will be charged with documenting the process and results in a report that will be presented to the CCP Advisory Committee, This information will be used by the committee to develop a Local Action Plan for reducing greenhouse gas emissions. The selected consultant will present the project results to the CCP Advisory Committee and to the City Council, Bonestroo anticipates working closely with the CCP Advisory Committee to provide project deliverables that are consistent with the needs of plan development. We recognize the City's sophisticated understanding of global climate change issue (as demonstrated by its CCP standing) dictates the selection of an equally knowledgeable consultant to effectively support the CCP process. Bonestroo's project team is dedicated to helping Duluth reach its next rnilestone...and beyond. ANTICIPATED PROJECT CHALLENGES/NEEDS/MAIN POLLUTANT SOURCES ?? Public involvement? Technical issues? Coordination issues? If yes -- what's our solution and benefits to the client? Page 146 of 152 remaining data needs will be identified in a letter- report to the CCP Advisory Committee, along with Bonestroo's recommendation for filling in the gaps using engineering judgment, literature, values, and assumptions. 5, Following receipt of the Committee's guidance on how to address any data gaps, Bonestroo will use the CACP software to prepare an updated 2008 GHG emissions base year inventory, Emissions will be calculated for carbon dioxide, methane, and nitrous oxide. Emissions will also be expressed in terms of CO2e, taking into account the global warming potential of each corponent and normalizing there in terms of equivalent carbon dioxide. Bonestroo will document the inventory, its assumptions, and the development process in a transparent report, The CACP files and computational spreadsheets used to support the inventory's development will be provided as an electronic supplement to the inventory to facilitate future updating, if desired. Monthly progress reports to the CCP Advisory Committed Letter-report on discrepancies between the categories and assumptions used in developing the 2001 GHG inventory and the requirements of the Protocol Letter- report identifying any unavailable information from the guile of data required to develop the 2008 base year inventory —and Bonestroo's recommendations for addressing those gaps Fully documented 2008 base year inventory, including electronic files 'T'ASK 2: 2020 GHG EMISSIONS FORECAST Bonestroo will use the CACP software to project the 2008 base year inventory forward to the year 2020, based on available Duiutl'i socio - economic forecasts. This will supersede the 2001 report's forecast based on US Department of Energy's generic energy use projections. As a value added component, one of Bonestroo's municipal planning professionals will review the previously prepared socio- economic forecast to ascertain whether it still provides a suitable: basis for the GHG forecast. If the ongoing economic recession or other factors are likely to have materially affected the accuracy of the socio - economic forecast, Bonestroo will recommend modifications to those values, or that a range be used to bracket the likely outcomes. Upon receiving the Advisory Committee's guidance on using the previously prepared socio - economic forecast or Bonestroo Page 147 of 152 Page 148 of 152 Version 2.1 of the Clean Air and Climate Protection Software has the capacity of estimating emissions of criteria pollutants, as well as those of the greenhouse gases. The incremental effort involved in performing these computations is minimal. While not relevant to the Climate Change issue, the emission of criteria pollutants is a matter of public heath and therefore a proper subject for public involvement. Access to accurate current criteria erissions and projections of future enissions may prove valuable to elected officials as they weigh policy alternatives. Since they are not relevant to the CCP effort, Bonestroo does not: propose including criteria pollutant emission inventories and forecasts in the project report. PROJECT ASSUMPTIONS Bonestroo`s proposal, including the cost estimate included in the compensation section, assumes the following: The City of Duluth will be responsible for copies of the 2001 GHO. inve )tory and report The City will provide Bonestroo a copy of Version 2.1 of the Clean All" and Climate Protection Software The City will provide the previously - prepared 2008 socio-economic forecasts The existing, City - provided socio- economic forecasts will constitute an adequate basis for the 2020 GlIG forecast with, at most, minor adjustments to address recent economic changes The data required to drive the CACP software will be provided by the City or will be otherwise publicly available SCHEDULE Bonestroo is prepared to commence this project upon the City's authorization. Assuming the City authorizes the project by February 1, 2010, the final report will be available for City Council adoptions in October 2010. Our proposed project schedule can be found nn the following page,. We are committed to adjusting the schedule as needed to meet City's overall goals and objectives. Page 149 of 152 PR OPOSAL Project Team EXPERIENCED TEAM READY TO WORK FOR YOU Bonestroo has assembled a seasoned team of extremely capable air quality and municipal planning experts to assist the City of Duluth further its CCP commitment. Our proposed project manager and support staff are adept at using emissions inventory methods and forecasting software. Our team brings a proven track record of strong oral and written communication skills — skills that will provide effective project execution. The key project staff are introduced below. Resumes are included on the following page, The core team is supported by more than 350 Bonestroo professionals, with skills covering GIS, civil design and survey, municipal planning, and graphic design. RICHARD H. OSA, QEP — PROJECT MANAGER As project manager, Mr, Osa will have overall responsibility for meeting project objectives, maintaining the schedule of deliverables, and managing the project budget, 1 -1e will be- the City's primary point of contact with l3onestroo. Rick's GHG involvement extends back to 1090, when he served as Global Climate Change Issue Manager for a major electric utility. Subsequently, he has provided GHG consulting support to research and industrial organizations, in addition to providing general environmental managenrent services. His notable projects include: Conducted a recent organization -wide inventory of greenhouse gas emissions, encompassing four industrial and off lce facilities in three states Developed greenhouse gas and other air pollutant emission algorithms for long -haul diesel trucking; algorithms were incorporated in the client's data base so they could compute carbon footprint associated with each cargo segment (The client was a fuel aggregator, serving all of North America) Represented Global Climate Modeling Research Consortium at Earth Summit in Rio de Janeiro Provided broad technology transfer services to the Electric Power Research Institute's Global Climate Change Program; products included a series of printed Climate Briefs, software applications, workshops, and seminars Assessed greenhouse gas and other air quality implications of transportation electrification for Electric Power Research Institute; developed targeted research agenda to address knowledge gaps Page 150 of 152 1 R or 0SAL Experience and References Bonestroo has extensive experience helping local governments identify and address a broad range of issues -- perhaps none with greater long -term consequence than that of global climate change. Following are same relevant example projects that demonstrate Bonestroo's track record and qualifications to excel at developing Duluth's GHG inventory, projection, and report. RELEVANT PROJECTS PERMACEL CORPORATE GREENHOUSE G AS INVENTORY RF: Fr:RL "NCE: While at another firm, Flick Osa managed the initial greenhouse gas Mr. James Slovak Project Engineer' inventor y of Nitta Denko's Permacel Division's four North American 1990 Rutgers university Blvd, facilities. Scope 1 and 2 emissions were quantified for the 2.007 Lakewood N3 08901 base year. In addition to fossil fuel combustion, greenhouse gas Iarrres..,.SiovakC perrraaceLcom emissions resulting from the combustion of industrial solvents ill air - Ph: 732 - 901 - 7905 x 410 pollution control equipment: were calculated, This project was completed in March M08. LONG -HAUL TRUCK CAR13ON FOOTPRINT ALGORITHMS While at another firm, Rick Osa managed and served as the technical lead to develop algorithms for computing cargo transport greenhouse gas emissions. The initial phase developed computational methods for assessing the emissions associated with each leg of long -haul semi truck transport. This allowed the client, a North American fuel aggregator, to provide their Customers with cargo-specific carbon footprint data. As a low -cost enhancement, the algorithms were extended to provide corresponding information on criteria pollutants. A linear programming approach was also developed to guide inter -modal transport decisions. This project was completed for a confidential client in December 2007, CITY OF ST. PAUL— FO RT? PLAINT RE -USE S TUDY Bonestroo is currently working with the City of Saint Paul on a research study exam ning the potential to reuse the Ford assembly Rr�eRSrlcr: plant, which is slated to close in 2011, for "green" manufacturing. In addition to assessing the site's attributes and available Ms. Mvri tt Clapp -Smyth workforce, the study will specifically examine five industries that City Planner City of SL. Paul have been identified as having strong growth potential: I Ph: 651 - 266.6547 control systems, sensors and monitoring systems, biofuel manufacturing components, electric hybrid vehicles or components, and wind power components, - this project was completed in August 2009. Page 151 of 152 p ttp PO SA F. _ Appendix OUR PHILOSOPHY ON SUSTAINABILITY Improving places and improving lives means striving for a sustainable future for all. We therefore believe a commitment to sustainable practices, both internally and externally, must be inherent to our culture and is vital to our success. We understand that sustainability is not simply protecting natural areas, but addressing three key elements: social progress, economic prosperity, and environmental protection. We have examined how Bonestroo, as a builder of con'€munities, art employer, and a corporate citizen, impacts these elements, The following topic areas and associated philosophy define how Bonestroo understands the challenges we face, and how our operations can provide solutions. ENERGY Safe, clean, and affordable energy is necessary for maintaining healthy human and natural environments. boor choices regarding the source and use of energy can result in environmental degradation, political instability, and econornic hardship. As we build communities and operate our company, we are guided by two key objectives: use energy as efficiently as possible; and identify and use energy sources that do not negatively impact our climate, environment, and ability to prosper. ECOLOGY Viable ecosysterns with clean air and water are essential to health and quaflty of life for all. Responsible stewardship helps preserve clean and abundant natural resources for future generations. In our work, we seek to form synergies between built and natural environments as well as protect, enhance, and advocate for these resources. MATERIALS Cveryday decisions are made about materials used to operate our company and build communities. Uninformed choices can result in unnecessary waste, depletion of resources, and inefficient energy use. Our approach includes assessing life -cycle environmental, social, and economic impacts for every material selection. CLIMATE Land use, transportation, and the built environment are among the largest contributors to global climate change. The way we operate and the decisions we help clients make affect these contributors. Using the tools of community and transportation planning, natural resources protection, and building design, we seek to reduce greenhouse gas emissions to safe levels. Page 152 of 152