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HomeMy WebLinkAbout03-09-10 Council Packet CITY OF OAK PARK HEIGHTS TUESDAY, MARCH 9, 2010 CITY COUNCIL MEETING AGENDA 7:00 P.M. 7:00 p.m. I. Call to Order /Pledtre of Allegiance /Approval of Agenda lssl imciled lim es 7:05 p.m. II. Denartment /Council Liaison Retorts A. Planning Commission B. Parks Commission C. Water Management Organizations D. Other Liaison /Staff reports 7:10 p.m. III. Visitors /Public Comment Recycling Award (1) 'this is all opportunity for the public to addl'ess the Council Nvilh giiestioiis or comerns on issues not part of the reottlar aeenda. (Please limit comments to 3 minutes in length.) 7:15 p.m. IV. Consent Agenda (Roll Call Vote) A. Approve Bills & Investments I3. Approve City Council Minutes -- February 23, 2010 (2) C. Xcel Energy Request for Permit Under City Ordinance 1110 (3) D. City Hall Facility - Approve Resolution - -- Disposition of City Personal Property ( I . Award Fiber Optic Cable Pull Work to Automatic Systems (5) F. Approve Resolution for Floodplain Ordinance Summary (6) G. Electrostatic Painting of File and Storage Cabinets (7) H. City Hall Facility -- I...ow Voltage Cabling to Monitor Locations (8) 7:20 p.m. V. Public Hearings None 7:20 p.m. VI. Old Business A. City Hall Facility (loo enclosure) 1:3. Reconsideration of Design Guidelines Section 401.15 C.8. (9) 7:30 p. in. VII. New Business None 7:30 p.m. VIII. Adiournment Pagel of 64 This Page Is Left Intentionally Blank. ,U ti i i I f Page 2 of 64 3 i 'Al Oak Park Heights Request for Council Action Meeting Date March 9, 2010 Agenda Item Rccycliw4 Award -------- . ........ Required 0 Agenda Placement Visitors/Public Comment Originating Departi Admimstration/Jennifer Pinski Requester's Signature Action Requested Receive In Background/Justification (Please indicate any previous action has been taken or if other public bodies have been advised). Page 3 of 64 CITY OF , OAK PARK HEIGHTS } 14168 Oak Park Boulevard No. ° 1 13ox 2007 ° Oal< Park Heights. MN 55082-2007 ° Phone: 651/439 -4439 ° Fax: 6511439 -0574 March 4, 2010 Randy & Lynn Garavalia 14245 53 Street North Oak Park Heights, MN 55082 Dear Mr. & Mrs. Garavalia: 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, March 4, 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!. ' 4 } i Jennifer Pinski Administrative Secretary/ Deputy Clerk i 1 i 11 111 YIIII i,I „II,IIIIIII.,1,411,1,1.11,, 11 Ill III. 111,.1,1, 11,1, 111. I.11. Iulll 111„ 111.1. 111, 11Y, i11,. 1, I,I.I.I.lu1,4111111.1111111i.1:l W.Ik a„ II11, 11. YI „11.11, 11.1 Bill. 1166 1,11,61 YI1 +1111 1114, III 11 10.1411111111 Y11. 1111 MI I III,IY,IILH,I.IIf.Alll. 111, llllillill„ I, I1Nl11111 ,1l,lil1Y11Y°,NUIYII.li.,11,11„ 4 414 414 41 „111,IlAi,I 11n1,,,I.InL.L „N „Il,iI IIIIII.I II, I, 11111 0. 111! 111,16 1, Tree City U.S.A. Page 4 of 64 I Oak Park Heights Request for Council Action Meeting Date March 9. 2010 Agenda Item Am)rovc City Council Minutes—February 23, 2010 Time Required 0 Agenda Placement Consent Originating Department /Requester Acii-iiial strati_on /Jeiinifer Pinski Requester's Signature - -- a ( `.: ifl :l Action Requested Background /Justification (Please indicate any previous action has been taken or if other public bodies have been advised). Page 5 of 64 CITY OF OAK PARK HEIGHTS 7 :00 P.M. TUESDAY, FEBRUARY 23, 2010 CITY COUNCIL MEETING MINUTES I. Call to Order /Pledge of Alleuianee /Approval of Agenda: 'Mlle meeting was called to order at 7:00 p.m. by Mayor Beaudet. Present: Councilmembers Abrahamson, McConlber, Runk, and Swenson. Staff present: Arborist Widin, Public Works Director Kegley, City Attorney Vierling, City engineer Long, and City Planner Richards. Absent: City Administrator Johnson. Councilmember Swenson, seconded by Councilmember McCon moved to approve the Agenda as presented. Carried 5 -0. ll. Department /Council Liaison Reports: A. l'lannin, Commission: City Pla €7ner Richards reported that the last Planning Commission meeting was February 11 and the Planning Commission had recommended approval of the design guidelines update and zoning ordinance change. Ile stated the next meeting was scheduled for March I I with a discussion on the fly -ash site closure. 13. Parks Commission: Councilmember MCConlber reported that the last Parks Commission meeting was February 22 and the Parks Commission discussed the summer park programming and the fly -ash site. She stated the next Parks Commission meeting was set for March 15 at 6:30 p.m. at City Hall. C. Cable Commission: Councilmember Swenson reported that letters were included in the packet under the consent agenda for approval to send regarding the FCC action. I-le also reported that there have been complaints that some of the conversion boxes were old and used. Ile stated that if anyone has a complaint, they may contact the access center or Comeast. D. Water Management Organizations /Middle St. Croix: Mayor Beaudet reported that the next meeting of the Middle St. Croix Water Management Organization was set for March 1 I at 7:00 p.m. at the Washington Conservation District Office. E. Other Liaison /Staff Retorts: Council€llember McComber reported that the first meeting of the St. Croix lZiver Crossing Water Quality Management committee was set for Wednesday of that week. She also reported that there was a meeting set for Marcel 2 from 6:30 p.m. to 8:30 p.m. at the Stillwater Junior High for the Coast Guard to discuss navigation aids oil the St. Croix. McCornber also reported she attended a Public Health and Emergency Preparedness meeting with Washington County and reminded Page 6 of 64 City Council Meeting Minutes February 23, 2010 Page 2 of 5 residents that flu season peaks in February and it was not too late to get the H IN 1 vaccine. III. Visitors /Public Comment: A. Mayor Beaudet presented Sergeant Mike I-Iausken with his 25 -year employee recognition award. B. Administrative Secretary Pinski reported that Cathy Schewe of 5687 Perkins Avenue North and Marcia Nelson of 14799 Upper 56`' Street North were chosen as the recycling award winners for the month of February. IV. Consent Auenda: A. Approve Bills & Investments B. Approve City Council Minutes -- January 26, 2010 C. Adopt Proclamation Designating April 30 as Arbor Day and May as Arbor Month 11 Authorize Mayor to Sign and Mail Correspondence Regarding FCC Action I . Jorgenson Construction, Inc. 8 "' Payment for New City I fall F. Approve 2010 Contract for Furnishing 1'irc Protection Councilmember MCCornber seconded by Councilmember Runk, moved to approve the Consent agenda. Roll call vote taken. Carried 5 -0. V. Public Ilcarina None VI. Old Business: A. City Hall Facility: Mayor Beaudet reported that the City Council held a worksession prior to that meeting to discuss change orders. A list of price requests was provided to the council. Mayor Beaudet, seconded by Councilmember Abrahamson, moved to accept items 5, 32, 33, 34, 35, 38, 40, 41, 42, and 43 from the price request list. Carried 5 -0. B. City Design Guideline Ordinance Update: City Planner Richards reported that the Planning Commission recommended approval of the design guidelines update and ordinance change. Page 7 of 64 City Council Meeting Minutes February 23, 2010 Page 3 of 5 Mayor Beaudet questioned why the design guidelines only applied to new construction and not remodels. City Planner Richards reported that it was the recommendation of the Planning Commission, and lie could ask them to look at it again. Councilmember Abrahamson reported that he was comfortable with that recommendation but could sce how it may be an issue. Councilmen Abrahamson, seconded by Councilmember Swenson, moved to approve the zoning ordinance change. Roll call vote taken. Carried 5 -0. Councilmember MGComber, seconded by Councrlmc'mber RUnk, moved to approve the design guidelines ordinance. Roll call vote taken. Carried 5 -0. C. Emerald Ash I3orer 'Frce Removal and Replacement Plan: Arborist Widin reported that it was anticipated that Emerald Ash Borer would be found in this area. She stated it was confirmed in St. Paul in May 2009. Widin reported that many communities were preparing. She stated she prepared an I;rnerald Ash Borer Management Plan for the City of Oak Park Heights which called for structured removal and replacement. She stated she applied for grant lirnds From the Department of Agriculture and received funds to remove and replace 60 trees. She stated the plan for the City Nvas to remove 100 trees. She questioned the council on whether the City wanted to remove the additional 40 trees at the same time that the other 60 trees were being removed. She stated the City had budgeted an adequate amount of funds in 2010 for tree removal. Mayor Beaudet, seconded by Councilmember Abrahamson, moved to remove and replace 100 ash trees using funds from the grant and City funds. Carried 5 -0. Arborist Widin reported that an informational meeting had been scheduled for February 25 from 7:00 p.rn. to 8:00 p.m. at City Hall and a second informational meeting was set for April 20 from 7:00 p.m. to 8:00 p.m. at Boutwells I..anding. Mayor Beaudet requested Arborist Widin provide for the next budget a recommendation on whether Ash should be added to the Oak Wilt and Dutch Elm disease policy on whether the City would remove on private property. D. Follow -up Communication to Pine Grove Gardens: A letter was included in the packet for that evening's meeting. City Attorney Vierling recommended approval. Councilmember Swenson, seconded by Page 8 of 64 City Council Meeting Minutes February 23, 2010 Page 4 of 5 Counciliieniber McComber, moved approval of the letter to send to the residents. Carried 5 -0. E. DNR Structural Load Testing; Permit: Councilmember McComber stated the council was provided with a letter from MnDOT to the Mayor requesting a response by February 24 with regard to the request for hearing so she thought the council should respond. Mayor Meaudet reported that the response was the Mayor's responsibility under the statute and not the council's. Councilmember Runk stated that it did not mean the council could not respond that it was not the position of the council, Runk stated that the letter was addressed to the council. City Attorney Vierling reported that it was inappropriately addressed to the council under the statute, and that the responsibility for response rests with the Mayor. He stated lie did not feel the council should confuse the issue by issuing a contrary opinion. Councihiiember Runk stated that he wanted it clear that the council did not authorize expenditures by the City regarding the hearing. In addition, Runk suggested that the council send a letter to the DNR and state representatives requesting they look at the rule on authority. Councilmember Runk, seconded by Councilmember McComber, moved that no City money be expended on this process. Councilmember Abrahamson stated lie has already asked questions of the: City Attorney on the issue. Councilmember Swenson suggested the matter be discussed at the upcoming council workshop. Councilmember Runk withdrew his motion. V11. New Business: A. SCADA Flow Meter Change Order: Pubic Works Director Kegley reported that a meter Bead part was incompatible with other meter parts. He stated that the change order would add $5,219 and six weeks to the project. Mayor Beaudet stated for the benefit of residents that the SCADA system is what controls water pressure in their homes. Keglcy recommended that the council approve the change order up to $5,600 with money coming front the budgeted projects -- unallocated fund. Councilmember Abrahamson, seconded by Councilmember Swenson, moved to approve the Public Works Director's recommendation, Carried 5 -0. M. Green Twig LLC — Request for Financial Assistance — Tax Exempt Revenue Bonds. Jenny Moulton of Kennedy and Graven, the City's bond counsel, was present at the meeting and reported that a Resolution was presented to the council for preliminary approval to proceed. Page 9 of 64 City Council Meeting Minutes February 23, 2010 Page 5of5 Mayor Beaudet, seconded by Councilmember Runk, moved to approve the Resolution that was included in the packet. Roll call vote; taken. Carried 5 -0. C. Stillwater Area Public Schools — Readiness & T- mer4enev Management — Schools Grant: Dennis Blom, the Director of Operations for Stillwater Schools, carne forward and stated that lie was currently writing a grant from the United States Department of Education for emergency preparedness and needed to obtain cooperation letters from the City and the Police Department. Ile stated the Oak Park Heights Police Chief had already signed the partner agreement and requested that the Mayor sign a partner agreement. Councilmember MCComber, seconded by Councilmember Swenson, moved to approve the Mayor to sign the partner agreement. Carried 5 -0. VYII, Adiournmento Councilmember MCComber, seconded by Councilmember Abrahamson, moved to adjourn at 7:51 p.m. Carried 5 -0. Respectfully submitted, Approved as to Content and Dorm, Jennifer Pinski David Beaudet Administrative Secretary /Deputy Clerk Mayor Page 10 of 64 Oak Park Heights ' `` ,_ a Request for Council ,fiction Meeting Date March 9 € ' 2010 Time Required: 1 Minutes Agenda Item Title: Xcel Energv Request for a Permit Under Citv Ordinance 1110 Agenda Placement Consent Age Originating Department /.Rea e r c Johnson, Citv Administrator Requester's Signature Action Requested An my Permit to be valid through 12/31/2031 with Conditions — See Below. Background /Justification (Please; indicate if any previous action has been taken or if other public bodies have advised): Tong Smith irons Xcel Energy has contacted the City regarding the use of explosives to "deslag" the boiler and other apparatus at the A.S. King Plant. City Ordinance 1 110 requires that the City Council issue a permit prior to the use of any dynamite or other explosive device of this nature. These explosives are utilized to de- -slab; the boiler. (residue at the bottom). The City last issued a permit of this type in 2009• Based on items known at this tine, Staff sloes not have any objections to this proposal, but with the following conditions- 1. Xcel and their contractor secure and provide a copy to the City of any other needed permits from other possible permitting agencies such as the County or MPCA. 2. Xcel provide adequate notice to the City police Department, Washington County Sheriff and the Bayport Fire Department with specifics as to when these procedures will be occurring. Page 11 of 64 XcelEne sh� 1103 King Plant Road Bayport, Minnesota 55003 -1000 February 16, 2010 City of Oak Park Heights 14168 Oak Park Boulevard No. P.O. Box 2007 Oak Park Heights, MN 55082 -2007 Re: Xcel Energy Request for a Permit Renewal Under Ordinance 1110 Dear Council Members and City Staff, As Plant Director I am respectfully requesting a permit renewal for explosive cleaning activities, associated with boiler cleaning, for the A. S. King Plant, located in Oak Park Heights, MN. Plant management came before the Council on February 20, 2007 for the original issuance of this permit. At the meeting plant management was requested to submit, for approval, a written request annually that would be considered on the City of Oak Park Heights, Consent Agenda, As was mentioned at the February 20, 2007 meeting, the explosive cleaning cannot be heard outside of the plant proper. Explosive cleaning is performed under the strictest of supervision and in compliance with all Xcel Energy safety rules and regulations. All blasting contractors used for this service apply for and receive a Washington County Permit, which also runs on an annual basis. I am including with this request a copy of the current Explosive Cleaning Policy document that is in force and is issued to the contractor prior to cleaning activities occurring. This document has the contact information the contractor is required to comply with. I hope this meets the needs of the City and if there is any additional requirements or if you have any questions, please feel free to contact me. Sincerely, Thomas A. Smith - z' Lr Plant Director 651-731-5703 Page 12 of 64 EXPLOSIVE CLEANING POLICY ALLEN S. KING PLANT 1103 King Plant Road Bayport, MN 55003 651 - 731.5743 (Duty Plant Production Supervisor) Purpose: To assure explosive cleaning events are in compliance with all governmental agencies and associated departments, i.e. fire, police and sheriff. To assure proper agencies are aware of activities to support the plant in the event of need. Practice and procedure: Before the explosive cleaning activities can begin the following notifications must be made and appropriate permits acquired. A. S. King plant holds a permit at the City of Oak Park Heights, MN, in accordance with city Blasting Ordinance #1110. This plant permit runs annually from February 20th of each year. The plant procures the permit and the vendor is responsible for all required notifications. This permit requires City of Oak Park Heights notification, a minimum of 48 hours in advance, of actual blasting event. Notification must include: 1. Name and address of the applicant (Vendor) 2. Scheduled time of blasting start 3. Expected duration of blasting event (in days and/or hours) 4. Copy of blasting service provider's safety procedures 5. Name and phone number of blasting service provider's contact person The contact information for the City of Oak Park Heights, MN is: Position of City Administrator: 651 - 439 -4439 (Currently held by Eric Johnson) Fax number: 651439 -0575 Mailing Address: 14168 Oak Park Boulevard N. P.O. Box 2007 Oak Park Heights, MN 55082 -2007 Washington County, MN requires every blasting contractor hired by A. S. King plant, for the purpose of explosive cleaning services acquire a permit. The permit obtained by the contractor is valid for one year from the date of issuance. The county requires a minimum of 10 days to complete background investigations to provide such a permit. All prospective blasting contractors should procure this permit in advance of accepting contract work. Page 2of5 Page 13 of 64 A copy of the County Ordinance, number: a120.05 is included at the end of this directive. Explosive Cleaning Vendor is Responsible for obtaining this Permit. The point of Contact at the Washington County Sheriff's office is: Sgt. Brent Olson Patrol Division Phone: 651 - 430 -7883 Washington County Sheriff, general administration number is: 651- 430 -7600 All A. S. King Plant Safety and Operating procedures must be followed at all times. Appropriate signage, barriers and warning horn signals will be adhered to. Please coordinate explosive activities with the Safety Coordinator at King Plant. Safety Coordinator Telephone: 651- 731 -5710 Plant Office Fax number: 651- 731 -7305 Plant Mailing Address: A. S. King Plant 1103 King Plant Road Bayport, MN 55003 Contact Phone Numbers: Washington County Sheriff: 651- 430 -7883 City of Oak Park Heights Chief of Police:651 -439 -4439 (non- emergency) Bayport Fire Chief: 651 -275 -4401 (ext: 5) Additional Contact Numbers if needed: Plant Director: 651- 731 -5703 Manager of Engineering and Technical Support: 651- 731 -5707 Plant Production Supervisor on Duty: 651 -731 -5743 Plant Shift Engineer on Duty: 651 - 731 -5717 Plant Coordinator /Scheduler: 651731 -5736 Page 3 of 5 Page 14 of 64 WASHINGTON COUNTY OFFICE OF THE SHERIFF POLICIES AND PROCEDURES Administration Division EFFECTIVE DATE: April 26, 93 NUMBER: Al20.05 DISTRIBUTION: AP ACCESS: Sheriff's Office Only AUTHORITY: Sheriff James R. Trudeau REFERENCES): MSS 299F.72 - 299F.78 SUBJECT: EXPLOSIVES PERMITS I. POLICY The Washington County Sheriff's Office shall process pert - nits to acquire, store and use explosives. II. RESPONSIBILITIES The Sheriff or designee are responsible for following these procedures. Ill. DEFINITION Explosive: Any compound or mixture, the primary or common purpose of which is to function by explosion; that is substantially instantaneous release of gas and heat; but shall not mean or include the components for hand loading rifle, pistol, and shotgun ammunition, nor shall it include any fertilizer product possessed, used or sold solely for a legitimate agricultural, forestry, conservation, or horticulture purpose. IV. PROCEDURES A. The Sheriff's Office will accept applications from persons who intend to purchase, transport, store or use explosives in Washington County, provided that the applicant does not intend to store or use the explosives in a city which is served by a full -time Police Department. City applicants will be advised to contact their Chief of Police. B. Applications to acquire, store or use explosives shall be maintained in the reception area of the Law Enforcement Center by the clerical staff assigned, C. All applicants shall complete the Bureau of Criminal Apprehension form number BCA -04 -039. 1. The application must be signed. 2. The applicant shall provide a photo identification at the time of application. Page 4 of 5 Page 15 of 64 D. When a completed application is received, the clerical staff assigned shall date the application and forward the documents to the Sheriff's designated authority for processing. E. The designated authority will be responsible for the following procedures: 1. Generate an I.C.R. a. Enter the officer information as the complainant and the Sheriff's Office as the location on the ICR. b. Complete the Complainant Comments section of the ICR to read; Application to acquire, store or use explosives, as appropriate. c. Enter the complete applicant information in the name file. d. Complete the officer comments section of the ICR to indicate that the application documents have been received. 2. Complete the Request for Criminal History Check and forward to the Communications Center for entry. 3. Request a check of medical records when appropriate. 4. Request a check of mental health and or /chemical dependency treatment records from the Minnesota Department of Human Resources. 5. Determine if the applicant is prohibited from possessing explosives. E. Upon completion of the permit application process, complete the Complainant Comments on the ICR to read ves: Approved (or Denied), enter permit number and the expiration date.; Permit to acquire, store or use explosi 1. When the application is approved, sign the permit, add any restrictions, and return the permit to the clerk assigned to be mailed to the applicant. 2. When the application is denied, prepare a letter to the applicant which outlines the reason for denial and forward it to the applicant. G. The complete application and all supporting documents will be retained in the case file. 1. The Designated Authority shall complete the officer comments section of the ICR to indicate the final status of the application. 2. Any special concerns regarding the investigation may be documented on an incident report Page 5 of 5 Page 16 of 64 1110 EXPI.,OSIVES ORDINANCE AN ORDINANCL? REGULATING THE HE MANUFACTURE, S'rORAGE, HANDLING, USE AND SAIL; OF EXPLOSIVI -;S AND PROVIDING A PENALTY FOR VIOLATION THEREOF. THE CITY COUNCIL OF THE CITY OF OAK PARK 11EIGIITS, WASHINGTON COUNTY, MINNL:SOTA, DOES ORDAIN: 1110.01 Scotac A. This Ordinance shall apply to the manufacture, keeping, having, storage, sale, transportation, and use of explosives and blasting agents. 13. It shall not apply to the following: I. 'Transportation of explosives or blasting agents when under the ,jurisdiction of and in compliance with the regulations of the Federal Department of Transportation. 2. Shipment, transportation and handling of military explosives by the Armed Forces of the United States and the State Militia. 3. Transportation and use of explosives or blasting; agents in the normal and emergency operation of Federal agencies or State or Municipal fire and police departments, providing they are acting in their official capacities and in the proper performance of their duties. 4. Sale and use (public display) of pyrotechnics commonly known as fireworks. C. This Ordinance shall not apply to the following commodities and items: I. Stocks or small arms ammunition; propellant actuated power cartridges; small arms ammunition primers in quantities of less than one million (1,000,000), smokeless propellant in quantities of less than seven hundred -fifty (750) pounds. ?. Explosive actuated power devices when in quantities of less than fifty (50) pounds net weight of explosives. 3. Fuse lighters and fuse igniters. 4. Safety fuse (safety fuse does not include cordeau detonant fuse), and 3132 inch cannon fuses or matchlock fuses (slow match). Page 17 of 64 5. The sale or transfer of black powder or other commonly used non- smokeless propellant in individual transactions involving quantities of five (5) pounds or less when used for muzzle loaded sports equipment or used in the hand loading of sports equipment. 1110.02 Definitions. In this Ordinance, the following words are used as defined below: A. "Blasting Agent" means any material or mixture consisting of a fuel and oxidizer, intended for blasting not otherwise classified as an explosive and in which none of the ingredients are classified as an explosive, provided that the finished product, as mixed and packaged for use or shipment, cannot be detonated by paeans of a No. 8 test blasting cap when unconfined. NOTE; 1. A No. 8 test blasting cap is one containing two grams of a mixture of 80% mercury fulminate and 20 0 /0 potassium chlorate, or a cap of equivalent strength. NOTE 2, Nitro- Carbo- Nitrate. This term applies to any blasting agent which has been classified as nitro- carbo- nitrate under the Department of "transportation Regulations, and which is packaged and shipped in compliance with the regulations of the Department of Transportation. B. "I Aplosive- Actuated Power Devices" means any tool or special mechanized device which is actuated by explosives, but not to including propellant - actuated power devices. Examples of explosive - actuated power devices are . jet tappers acrd jet perforators. C "Explosive" or "Explosives" means any chemical compound, mixture or device, the primary or common purpose of which is to function by explosion, i.e. with substantially instantaneous release of gas and heat, unless such compound, mixture or device is otherwise specifically classified by the DOT (formerly ]CC). The term "Explosives" shall include all material which is classified as Class A, Class B and Class C. I.). "Explosives" means all material which is classified as Class A, Class B and Class C, explosives by the DOT (formerly ICC) and includes, but is not limited to, dynamite, black powder, pallet powders, initiating explosives, blasting caps, electric blasting caps, safety fuse, fuse lighters, fuse igniters, squibs, cordeau detonant fuse, instantaneous fuse, igniter cord, igniters, small aims ammunition, small arms ammunition primers, smokeless propellant, 2 Page 18 of 64 cartridges for propellant actuated power devices and cartridges for industrial guns, and some special fire works. (Comn explosives are those explosives which are intended to be used in commercial or industrial operations). NO "rh, I. Classification of explosives is described by the Department of 'Transportation, DOT (formerly Interstate Commerce Commission, ICC) as follows: (1) Class A. Explosives. Possessing, detonating or otherwise maximum hazard; such as dynamite, nitro- glycerin, picric acid, lead aside, fulminate of mercury, black powder, blasting caps and detonating; primers. (2) Class B. Explosives. Possessing flammable hazard, such as propellant explosives (including some smokeless propellants), photographic I7 ash powders, and some special fireworks. (3) Class C. I3xplosives. Includes certain types ofmanul'actured articles which contain Class A or Class I3 explosives, or both, as components but in restricted quantities. (4) Forbidden or Not Acceptable F "xplosives. Shall mean explosives which are forbidden or not acceptable for transportation by common carriers, by rail freight, rail express, highway or water in accordance with the regulations of the DOT (formerly ICC). NOTE 2. Certain chemicals and certain fuel materials may have explosive characteristics which are not specifically classified by the DOT (formerly ICC) and are not readily classified for coverage in the Code. Authoritative information should be obtained for such unclassified materials and action commensurate with their hazards, location, isolation and safeguards, should be taken. E. "Highway" means any public street, public alley or public road. 3 Page 19 of 64 F. "inhabited Buildings" means a building or structure regularly used in whole or in part as a place of human habitation. The terns "inhabited building" shall also rnear any church, school, store, railway passenger station, airport terminal for passengers, and any other building or structure where people are accustomed to congregate or assemble, but excluding any building or structure occupied in connection with the manufacture, transportation, storage and use of explosives. G. "Magazine" means any building or structure, other than an explosives manufacturing building, approved for the storage of explosives. 1 -1. "Motor Vehicle" means any self - propelled vehicle, truck, tractor, semi - trailer, or truck -full trailers used for the transportation offreight over public highways. 1. "Propellant- Actuated Power Devices" means any too] or special mechanized device or gas generator system which is actuated by a smokeless propellant or which releases and directs wort: through a smokeless propellant charge. J. "Person" means any individual, firm, co- partnership, corporation, company, association, . 'Joint stock association, and including any trustees, receiver, assignee, or personal representative thereof. K. "Public Conveyance" means any railroad car, street car, ferry, cab, bus, airplane, or other vehicle which is carrying passengers for hire. 11. "Railway" means any stear , electric, diesel, electric, or other railroad or railway which carries passengers for hire on the particular line or branch in the vicinity where explosives are stored or where explosives manufacturing buildings are situated. M. "Small Arms Ammunition" means any shotgun, rifle, pistol or revolver cartridge, and cartridge for propellant- actuated power devices and industrial guns. Military -type ammunition containing explosive bursting charges, sporting or pyrotechnic projectiles is excluded from this definition. N. "Small Arms Ammunition Primers" means small percussion - sensitive explosive charges, encased in a cup, used to ignite propellant powder. 4 Page 20 of 64 O. "Sinokeless Propellants" or "Smokeless Powders" are used in small arms ammunition, cannon, rockets, propellant- actuated power devices, etc. P. "Special Industrial Explosive Devices" are explosive- actuated power devices and propellant actuated power devices. Q "Special Industrial Explosives Materials are shaped materials and sheet forms and various other extrusions, pellets and packages of high explosives, which include dynamite, TNT, Pl 'I'N, RDX, and other similar compounds used for high - energy -rate forming, expanding and shaping in metal fabrication, and for dismemberment and quick reduction of scrap metal. 1110.03 Mandatory Permits for Aectuisition and Use. It shall be unlawful for any person to acquire, possess, use, sell, or handle any explosive as defined in 1110.02 of this Ordinance, except as otherwise provided by I110.01, within the City of Oak Park Heights without having a permit in his possession. A. Such a permit shall be issued only by the City Cleric, upon approval of the City Council. I3. Any person desiring a permit as required by this section shall make application therefore in writing to the City Clerk on such forms as the City Council may prescribe. C. Before any permit is issued by the Cleric he shall notify the Chief of Police that such permit is desired. Upon receipt of such notification, the Chief shall Inspect the premises upon which the applicant desires to store, handle and use the explosives set forth in the application, and if he is satisfied that:(]) no serious fire hazard will be created, and (2) the applicant plans to store and use the explosives in the manner prescribed by this Ordinance, he shall endorse his approval upon said application and return it to the Clerk who shall present the same to the council. D. The Council shall deny the Issuance of any such permit to anyone who; I . Has been convicted within the Fast ten (10) years ofa'felony or gross misdemeanor involving moral turpitude or anyone who is presently under indictment for any such crime; or 5 Page 21 of 64 2. Has been, within the past ten (10) years, convicted of a crime in which the use, possession or sale of narcotics or illicit drugs was an element; or 3. Has been treated within the past ten (10) years for addiction to narcotic or illicit drugs, or has been within such time period admitted to any hospital or institution for treatment of narcotic or illicit drug addiction, or has been within such time period, certified by a licensed medical doctor as being addicted to narcotic or illicit drugs; oz- 4. 1 -las been, within the past ten ( 10) years, treated for alcohol addiction, admitted to any hospital or institution for treatment of alcohol addition, or certified by a licensed medical doctor as being addicted to alcohol; or 5. Has been, within the past ten (10) years, admitted to any hospital or institution because of or for treatment of ashy mental deficiency, or certified by a licensed medical doctor as being mentally ill or mentally deficient; or 6. Has been, within the past ten (10) years, acquitted of any criminal charge by reason of insanity; or 7. Is not twenty -oche (21) years of age at the time when application far such permit is made. F. If the Council grants the permit, the City Clerk shall, upon receipt of a fee as established by Council resolution from time to tinge, prepare and deliver to said applicant such permit as is required in said application, provided, that no permit shall be granted for a period exceeding one (1) year. 1110.04 Permit Avolication. The application for a user's permit shall be sworn to by the applicant and shall contain the following information: A. Name and address of the applicant; B. The applicant's date of birth; C. Where applicant intends to permanently store the explosives lie intends to use and the storage security measures provided at the storage and use sites; C Page 22 of 64 D. The applicant's intended use for explosives he purchases pursuant to any permit that may be issued to him; and E. All such additional information as may be prescribed by the City Council in determining whether the applicant is qualified pursuant to 1110.03 of'this Ordinance to possess such permit. 1110.05 Permit Revocation. A permit may be revoked or suspended at any time by order of the City Council for any violation of the provisions of this Ordinance or upon the creation or existence of any condition which would be in the opinion of the Chief of'Police create or tend to create a serious fire hazard. 1110.06 Mav not Transfer to Unauthorized Person. No person shall sell, transfer or give away any explosive or blasting agent to anyone who does not possess a valid permit issued pursuant to 1 1 10.03 of this Ordinance. 1110.07 Seller's Record. A. livery Pei selling or giving; away any explosives covered by this Ordinance shall keep at all tinges an accurate record in a bound book, of all such explosives handled by him, indicating a detailed account of: I . Date of each transference of explosives; 2. Amount of each such transference; 3. Name and address of each purchaser or transferee; 4. Manufacturer of the explosives being transfe rred; 5. The type of and any identification numbers of explosives being transferred; 6. Explosives owner's or user's permit number; 7. Intended place of storage of the explosive by the purchaser or transferee; 8. hltended use site; and 9, Security treasures provided at the storage site and at the use site. 7 Page 23 of 64 B. Such record book shall be at all times open to the inspection of the Chief of Police and all duly constituted law enforcement officials of the City of Oak Park Heights. In addition, on the first day of ever) month the seller or transferor shall make a report to the Chief of Police of the transactions which took place that month. 1110.08 Storage and Security Requirements. Any person storing, handling, using, or in any way disposing of explosives covered by this Ordinance shall maintain minimum safety and security features of all permanent and temporary storage facilities in a manner prescribed by the Rules and Regulations of the Minnesota State Fire Marshal governing the storage, handling, use, and transportation of blasting agents and explosives. 1110.09 Retort of Thefts. Any person who has explosives in his possession, and who incurs a loss or theft of all or a portion thereof, upon discovery of such loss or thel't shat l immediately, and in no event longer than twenty -four (24) hours from the time of discovery, inform the office of the local Chief of Police of [lie loss or theft, the amount missing and the approximate time of the occurrence. 1110.10 I3o '1' ea It shall be unlawful for anyone: A. As a hoax, to con1nuInicate or cause to be communicated the fact that bomb or any other explosive device has been placed in any building or in any location other than a building; I3. As a hoax, to threaten to bomb any person, place or building; C. To knowingly permit any telephone or other means of communication under his control to be used for purposes prohibited by this section; D. As a hoax, to place or cause to be placed in any location any article, constructed or placed with intent to give the impression that said article possesses explosive capability. 1110.11 Penalty Any person who shall violate any provision of this Ordinance, shall upol1 conviction thereof, before the Municipal Court of the City ofOak Park I- Icights, be punished by a fine of not more than Seven Hundred Dollars ($700.00) or by imprisonment foz• a period of not more than ninety (90) days, or both, for each such offense. S Page 24 of 64 1110.12 Severability. The contents of this Ordinance are declared to be severable and should any section, clause, paragraph or provision hereof be declared by any court to be invalid, the sane shall not affect the validity of the Ordinance as a whole or any part thereof other than the part so declared to be invalid. 9 Page 25 of 64 This Paige Is Left Intentionally Blank. Tq I I Page 26 of 64 zaSL f; Oak Park Heights Request f ®r Council Acti ®n Meeting Date: March oth. 2oto Time Required: x Minute __ .._._. ..__..._ Agenda Item Title: City Hall Facility w Approve Resolution - Dispositiowot IC itt Personal Prouerty - Agenda Placement: Consent Agenda / Originating Department / Requestor Eric Johnson. Citv AdminiA Requester's Signature Aimrove resolution as Uresented. Action Requested Al resolution. Background /Justification (Please indicate of a v previous action has been taken or if other public bodies have advised): 'rho City must dispose of many items as part of the upcoming move to the new building. Please see the attached resolution and memo from the City Attorney as to how this may proceed. To be fair, the City will need to be extremely efficient with its time and resources so as to get items out of the way of the asbestos removal firms and so that we do not delay demolition. This being said, there are likely "good homes" for a lot of materials, but we simply will not have the time to place every item, but we will do our best, pursuant to the attached resolution. Page 27 of 64 CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA RESOLUTION NO. A I& SOLUTION OF THE CITY OF OAK PARK HEIGHTS, WASHINGTON COUNTY, MINNESOTA, PROVIDING FOR THE DISPOSITION OF PERSONAL PROPERTY WHICH IS NO LONGER NEEDED AS A RESULT OF THE NEW CITY HALL. WHEREAS, the City of Oak Park Heights is building a new city hall; and WHEREAS, the new city hall will contain some elements of office furniture, desks, chairs, computers, cubicles and other office equipment which will replace the same items previously used in the old city hall; and WHEREAS, some of the old office furniture, desks, chairs, computers, cubicles and other office equipment (`:Personal Property ") are no longer needed for municipal purposes; and WHEREAS, the interests of the City of Oak Park Heights requires the disposition of the Personal Property by sale, donation or otherwise; and WI-II REAS, the City of Oak Park Ileights seeks to dispose of the Personal Property in an orderly manner and to avoid inconvenience and expense of a public sale; and WIIERIsAS, Minnesota Statute Section 412.211 provides that the City of Oak Park Ileights may "sell, convey, lease or otherwise dispose of the Personal Property as its interests require "; and W1-Il_?Rl -`1 S, Minnesota Statute Section 471.85 provides that the City of Oak Park Heights may transfer its personal property for a nominal suns or without consideration to another public corporation for public use when duly authorized by its governing body; and WHEREAS, Minnesota Statute Section 471.64 allows the City of Oak Park Heights to contract with the United States of America or with any agency thereof, any state agency, or with any political subdivision of the state, for the disposition of its personal property without regard to competitive bidding practices. NOW Tl -II REFORI: BE' IT Rl_:SOLVFD, the City Council for the City of Oak Park I leights as follows: I. The City Administrator is authorized and directed to supervise and coordinate the disposition of the Personal Property. a. The City Administrator is authorized and directed to offer and/or sell the Personal Property to other governmental entities. 1 Page 28 of 64 b. The City Administrator is authorized and directed to sell the Personal Property to non - profit corporations including 501(c)(3) corporations. c. `I City Administrator is then directed to sell the remaining Personal Property to bulk vendors. d. finally, the City Administrator is directed to dispose of all remaining Personal Property, if any in a commercially reasonable manner, as the interests of the City require. Dated this Day of ___, 2410. David Beaudet, Mayor A'7 TFISI': E ric Johnson, City Administrator 2 Page 29 of 64 LC. E G ,w ��14 LI 1 E , S '��Qk �v o vim' I W P , N I I I `V a Stiflwater Office: Writer's Direct Dial: 1809 Northwestem Avenue (651) 351 -2118 Stillwater, Minnesota 55082 Writer's E -mail: (653) 439 -287£3 tit vierling(i)eckherglammers.coin Fax (651.) 439 -2923 F ebruary 26, 2010 Hudson, office: 2417 Moneiary Boulevard Hudson, 1Nisconsin 54016 (7I 5) 386 -371'33 l"ric Johnson Fax (6bf) 439 -2923 City Administrator City of Oak 1 Heights vJww.rc4cberglan n ers.c n� 14168 Oak Park Boulevard North Oak Park IIeights, MN 55082 Re: Neli C. "io)11c11111XVI)OSilfon oj'Per'.s'olial Items - Cllcl (.'i11 lJoUlDemolition Our File No.: 01501 - 17435 Dear Eric: You have inquired as to legal requirements surrounding the disposition of personal property and building remnants to be sold prier to demolition of the existing City I lall. The City has requested legal advice T'('L5.#.E'; 1Tin II , pr \p(,scfl Ali pl'�t:.l:c)n C� -( 1l'r�` ()lit e�1; ? €:.. 1.:1C "r8t i:;l�a ;�l j', :1: \_�;t:i ,'~'i.:i1i1 lift:', t4'. ;.1'`<'i)id the difficulty of public sale ofthe property. The City would prefer to offer the property in bulk to other governmental or public entities, non - profits and finally to bulk. vendors. This proposed course ofaction is supported by the City's statutory authority. Accordingly, this memo will outline the statutory authority supporting the City's proposed course of action. ANALYSIS I. THE CITY HAS THE SPECIFIC STATUTORY AU` HORITY TO SELL. OR DONATE: ITS PERSONAL PROPERTY TO OTHER GOVERNMENTAL UNITS, Several Minnesota statutes give the City the express authority to sell or otherwise dispose of'its personal property to other governmental units, The legislature has expressly given the City the authority to transfer its personal property to another public corporation for little to no consideration (money) provided the property will be used by the public and the City Council approves of the transfer. Minn. Stat. § 471.85 provides: Any county, city, town, or school district may transfer its personal property for a nominal or without consideration to another public corporation for public use when duly authorized by its governmental body. The Statute, and the surrounding chaplet' on mu nicipalities, does not define What constitutes a "public corporation ". However, it is reasonable to assume that any State agency or political subdivision would 1:CK1flLR(;, I.:1\SMERS. MZ16GS, VIEIl IAN(;' 1 - F r: f„ Pbge 30 of 64 be included in this definition. `The City should be aware that general non - profits are not considered to be public corporations. Op.Atty.Gen., 662 -i -8, July 25, 1956 (411 not a public corporation); Op.Atty.Gen. 622 -i -8, May 7, 1956 (cemetery association not a public corporation); Op.Atty.Gen. 59 -a -40, Jan. 14, 1954 (religious corporation or society not a public corporation). Pursuant to this statute, the City has the authority to transfer its personal property to other governmental entities either by sale or donation. If the City decides to sell the property to another governmental entity, the sale does not need to conform to competitive bidding requirements. Minn. Stat. § 471.64, subdivision 1, provides: Any ... city ... may enter into any contract with the United States of America or with any agency thereof; any state agency, or with any other political subdivision of the state for the purchase, lease, sale, or other acquisition or disposition of equipment, supplies, materials, or other property, including real property, without regard to statutory or charter provisions. Minn. Stat. § 471 .64, Subd. 1. The Minnesota Attorney General's Office has opined that this statute allows a city to contract with other governmental units without engaging in the competitive bid process. Op. Atty. Gen. 59 -a-15, July 7, 1945. l"rom the above statutes, it is clear that the City may sell or otherwise donate its unused personal property to another governmental entity. if the City chooses to sell the property, the sale call be f - or little to no money, and does not have to follow a competitive bidding process. II. THE CITY HAS GENERAL STATUTORY AUTHORITY TO SELL OR OTHERWISE DISPOSE OF PERSONAL PROPERTY "AS ITS INTERESTS REQUIRE ". There is no special statute providing the City with explicit authority to convey, sell or donate personal property to a non - profit or a bulk vendor. However, the City has general statutory authority to sell or otherwise dispose of its personal properly "as its interests require." Minn. Stat. § 412.211. That statute entitled, General stalulwy cit) provides: Every city shall be a municipal corporation having the powers and rights and being subject to the duties of municipal corporations at common. law, Each shall have perpetual succession, may sue and be sued, may use a corporate seal, may acquire, either within or without its corporate limits, such real and personal property as the purposes of the city may require, by purchase;, gift, devise, condemnation, Iease or otherwise, and may hold, manage, control, sell, convey, lease, or otherwise dispose of such property as its interests require. The powers listed in this act are not exclusive and other provisions of law granting additional powers to cities or to classes of cities shall apply except where inconsistent with this chapter. Id (emphasis added). The above statute contains very broad authority allowing the City to sell or otherwise dispose of its Page 31 of 64 personal property "as its interests require." Additional research of the statute was performed to sec how the courts interpret the statute but no cases on point were located. There were several old Minnesota Attorney General's Opinions which seem to require the City to show that its interests require the disposition of the property as well as a finding that the property is no longer needed by the City. Despite the lack of clear guidance by the courts, the plain language of the statute gives the City very broad authority to dispose of its property so long as its interests require. in this case, the City no longer needs the personal property and does not have the time or manpower to engage in a series of public sales to members of the general public. Accordingly, the City has a reasonable basis tinder Minnesota Statutes to follow its plan of disposition of property by first offering the property to governmental entities, then to non - profits and then to bulls vendors. The City should try to sell the personal property to these entities for fair market value rather than merely donate the items because a donation would be more likely to be challenged. CONCLUSION The statutes expressly provide that personal property such as equipment can be sold or donated to other governmental entities without conforming to competitive bidding requirements. The statutes further provide the City with the general authority to dispose of its personal property "as its interests require." Some old Minnesota .Attorney General Opinions indicate that the City should make express findings that the property is no longer needed for City business and that the City's interests require the disposition of the property. Besides this minima; caveat, the; City has broad authority to pursue its intended course of action. Yours "very truly, f -------- - - Mark J, Vierling MJV /ndf Page 32 of 64 S Oak Peek Heights Request for Council Action Meeting Date 03/0 }/201 {_ -1 -. -- Agenda Item Title: Award Fiber Optic Gable Pull Work to Automatic Systems Co. Time: 1 minute Agenda Placement . Consent Originating Department /Recluestor , Public Works, Aody Ke�,dey- - hector of Public Works Requester's Signature��<' Action Tics uested Anprove_Recom I3acl;grotfrad /.ltlstillcatiol7 (Please indicate if any previous action has becr7 taken or il'other public bodies have advised): Please Sec attached Attachments; Memo Quote Summaries 06ginaal IZFQ Page 33 of 64 City ®f Oak Park Heights 14168 Oak Pork 131vd N.® Box 2007 -Oak Park 1 leighrs, MN 55082 a Theme (651) Fax 439 -0574 Memorandum To: Eric Johnson y From Andrew Kegley CC: Mayor and Count Date- 03/04/2010 Re, hulling six (6) strand fiber from City Hall to Well House # 1 Data logging, trending, and operating, the SC:ADA system from City 1 lall requires a six (6) strand multirrrode Tiber optic cable connecting; a SCADA computer to a base I TU located in Well Douse 4. 1. To provide the required communications line between the system and the control computer located in City Ifall, multimode fiber-optic cable will need to be pulled in existing, conduit approximately 500 f=eet frorrr the City l Tall communications room to Well I Iouse # 1. Staff requested quotes from Apollo Systems (the low voltabi: subcontractor for .1CI) and Automatic Systems Co. to ensure the Kest price for the required work. Below is a summary of the two quotes: AUt011latic Systems Co. I I I ....... ................ I .......................... $1,356 Apollo Systems ................................ ............................... $ 3,528 Based on the above quote summary, Automatic Systems Co. can provide fiber -optic cable and labor to pull it from the communications room to Well House 4 1 cheaper than Apollo Systems. Staff recommends Automatic Systems Co. be awarded the job. ,A,ttac:lhr mitts: ASC quote, Apollo Systems quote, RFQ to pull fiber cable TREE CITY U.S.A. Page 34 of 64 �o. AUTOMATIC SYSTEMS CO. Tuesday, February 16, 2010 Mr_ Andy Kegley City of Oak Park Heights 14168 Oak Park Heights Boulevard North 1 Box 2007 Oak Park Heights, MN. 55082 Reference: SCADA Upgrade Project Fiber Optic Cable Install City of Oak Park I leights, MN. Dear Andy: Enclosed herewith we are pleased to submit our bill for the above referenced project due in February (no specific date listed). We are submitting by email with a hard copy in the mail. "thank you and please don't hesitate to call me with any questions. Sirrccrely, Automatic Systems Co. PS. Per your request, we have pushes] back the new control system startup from Febmary 22, 2010 to the week of March 1, 2010. MANUFACTURERS REPRESENTATIVES CONTROLS a MECHANICAL EQUIPMENT 5�4 OFFICE: P.O. BOX 120359 ST. PAUL, MINNESOTA 55112 PHONE 651 -631 -9005 (FAX) 651- 631 -0027 ] BRANCH OFFICE: P.O. BOX 787 AMES, IOWA 50010 PHONE 515 - 232 -4770 (FAX) 515 - 232 -0795 Page 35 of 64 Submission Form SCADA Upgrade Project —Fiber Install Submissions are due: February. Submit in original form only to Andy Kegley, Director of Public Works, at City f-lall located at 14168 Oak Park Blvd N, Oak Park Heights, MN, 55082. No taxed or emailed submissions will be accepted or considered. Name of Firm: Automatic Systems Co. Owner or President Narne: G7irt: esident Base Work Quote Amount: 1 ,356,00 .0 (Must be fully legible in ink} Signature: _. Date February 1 2010 (This signature must be the original signature of the owner or president) Notary: Date_ _. f _D /i c) (affix stamp) (Notary is attesting to signature above as being the person capable of binding the company to submit such quote) W IDEIBR�A� S, BURTON Nry Public Mlnnesota Ccrrcrissr�F Jan. 31,2013 ; Page 36 of 64 9255 East River Road N.W. Coolz Rapids, MN 55433 -5722 763 - 784 -3877 FAX 763 - 784 -158 w�v�v .,lo�•gensouCo��siruclioi� r ORGEN c ®N CONSTRUCTION INC. pROPOS'AL REQUEST NO. e39 DATE: FEBRUARY 26, 2010 TO: BUETOW AND ASSOCIATES, INC. AT(N: RANDY ENGEL -- PRO]EC. ARCHITECT FAX 4: (651) 483 -2574 RE: OAK PARK HE.TGH CDT HA LL COMMENTS: RANDY, ENCLOSED IS A BREAKDOWN OF COSTS ASSOCIATED WI1H PROPOSAL REQUEST 39 TO PULL FIBER OPTIC CABLE FROM THE NEW CITY HALL TO WELL fl. WITHIN ALREADY INSTALLED UNDERGROUND CONDUITS. GEPHART ELECTRIC COMPANY $ 3,36 )CI 5% COMMISSION 168.00 T OTAL ADD FOR PR No. 39 _3 52$.0.q PLT:ASE RLVIEW AND PROVIDE DIRECTION IN WRITING BY WEDNESDAY, MARCH 3, 2010 IF WE ARE TO PROCEED WMi'THE ABOVE REFERENCED ITEM. ACCEPTANCE OF THIS PROPOSAL WILL REQUIRE AN ADDITIONAL (2) DAYS TO THE CONTRACT TIME. FROM: STEVEN M. GANSMRE PROJECT MANAGER CC: THERE ARE _(4)— PAGE (S) INCLUDING THIS PAGE. PLEASE CALL IF YOU DO NOT RECEIVE ALL OF THE PAGES. AN EQUAL OPPORTUN1 ry rnrrr.n rr:'rz Page 37 of 64 ricbroary 25, 2010 Attn! Steve G. JORGENSON CONSTRUCTION 9255 East River Road NW Coon Rapids, MN 55433-5722 Re: Olk Park Heights City Hall Proposal Request It 39 dated 2 -17 -10 Gentlemen: cont ract . 'rhe above sub ject request results ill the u( i t litio)1al sum of $3,160,00 to ou F , ]Ic l o= l are tile total itemized breakdowns. No additional work will be 001"PleWd until the I)rol)ui is received ill our office. Please iolconjjoYate this R 111011 ➢t illtO 011 sl you have any questions please c 1110, Sincerely, � [;I;pII,A� I�'� l�I�.('_q'ItTC. Co., INC. CF. Vlojcct Manager CFD/cii 3 1 40— ROO, 51. P-1, MN 55119 ic 14511 WA-4900 Page 38 of 64 n10.1l11 LYP llt Cit�c c: JOR(;rNSON CONSTRUCTION 9255 I-AST RIVER ROAD NW COOT lI RAPIDS, MN 554335722 Attn: Stcvc ( ". I)ale: 2 1 5110 Re'. OAK PARK FIL'iCs4ITS CITY HALT. ,,,Ile following are costs for Proposal Regtlesi ff I. Mlatcrinls ....... ................- ....- .._.....- - 2. Equipmcut Rcn(al ............. ............ ..........__ _ ---------- 3. Sales "I'ax l.12S %_ ............ ......... ....................... . .......5 - ..._-- ... 4 &IIAOlal Material, sttm lines I. 2S- 3 ........................... ......... - 5. luslnilatim) Labor __,..._... Hours (� X78.15 pct• It our ............. .............................. . - -... G. Subtotal, stem lines 4 & 5 ....................... ................... .......,......................g -- .._- .._.._. 7. Overhead i0 % ........................ .............................. ............................... b ........v - ..__...,.. S. Subtnlal, sum lints C & 7 .................... ... ....... ............ ....., - -`�..._.._..._ at9 9. $tabcontracinr {includes 5 %0J1 & P) ................. .• .................. ..............................5 .,..,... -4 .... de l0. '1'otat PrieC Of Change .... ........................ ........ ............... - ........... � A time cxtclsion of CInyS will bt I'C(Itllt'Cd. IhiS (Inotslton is valid until for written acceptance• 8hotlld this mq uest be acceptable, an autharize(i signature of the Architect, Owner, Conshuction anunrr, or General C:ontsnetoa is rcgnircd to proceed until a written. change order is t'eceivcd. if a formal chnl.ge order is not received by __ - .._..,._ -, the work described above Shall Steil. — p -C - __._cc Date Acrclan � "Title ]S59 tiRGlf Ro�J, 51. Pet =I. MH 551 SO Pli��x. 16511 tBt� [509 1'�u 1551 }fB1�77eB v.�glph�ll[1e Page 39 of 64 4 I I i i Sut�rnissian Farm � SCADA UPgrad(3 PE'oject— Flbel' TnSU111 S • submisslons are due: rehruary. SubmltIn original form only to Andy Keeley, Director of Public Works, at CILy Hall #orated at 14158 Oak Park Blvd N, oak Park Heights, MN, 55052, No faxod or emalled mitmiNstons will [in accented or cm)sldered.. Name of fh'm: owner or President Name. Base Work Quote Aunount: � � f�d � _..___�_•BO (Must be fully legible & In ink) Signature: {Ellis signature must be th aViglnal signature of the owner or presIdMt) Notary: tl olaryls aitesUay to lignalare abuvu us lrelap lire pmt wloUle of L�.nrling Ule company So Fubmll such (Illata) w ���'� dULIEANNHEiSKA �`. ilD7AAYPIF9LIC•?•SIHNES ;rrCu:mis7}�n E::ti�c drn.al. ROri � ' � I 1 Page 40 of 64 Owner Architect CONTRACT ADMINISTRATION Consultant ❑ WORK CHAN PROPOSAL REQUEST Contractor Field ❑ Other ❑ PROJECT: Oak Park Heights City hall PROPOSAL REQUEST NO: Thirty-Nine(39) (name, address) 14168 Oak Park Blvd North Oak Park I-leights, MN 55082 DATE OF ISSUANCE: February 17, 2010 OWNER: City of Oak Park Heights (name, address) 14168 Oak Park Blvd North ARCHITECT: BUETOW & ASSOCIATES Oak Park Heights, MN 55082 2345 RICK. STREET, SUITE .210 ST. PAUL, MINNESOTA TO: Jorgenson Construction (Contractor) 9255 Fast River Road NW ARC)11TECI''S PROJ. NO: 0822 Coon Rapids, MN 55433 CONTRACT FOR: General Conshuction CONTRACT DATEID: April 15, 2009 Please submit an itemized proposal for changes in the Contract Sum and Contract Time for proposed modifications to the Contract Documents described herein. Within ten workino days (10), the Contractor must submit this proposal or notify the Architect, in writing, of the date on which proposal submission is anticipated. THIS I5 NOT A CHANGE ORDER, A CONSTRUCTION CHANGE DIRECTIVE OR A DIRECTION TO PROCEED WITH THE WORK DESCRIBED IN THE PROPOSED MODIFICATIONS. Dessr y�xiQt�: Electrical Work: full fiber optic cable front new City I-1all to WcII If 1 within already - installed underground conduits. Attachments; (Here inserllisting ofdocuments i1rat suppoadescription) Retiuest for Quotes received from City of Oak Park Heights L IS b I`J D 13Y I ti y I;: gel, RA, AS Architect l BUETOW & ASSOCIATES. 2345 Rice Street Suite 210 St. Paul, Minnesota Phone: 651.483.6701 Page 41 of 64 Request for Quotes -- Pull six (6) strand fiber cable from the New Oily Hall to Well # i Summary: The city of Oak Park Heights Is seeking quotes from licensed and insured contractors to pull riser rated Optical Cable Corporation six (6) strand multimode cable model ## DX06DWLS9KR or substitute an equivalent - subject to the approval of the owner, from the New City Hall communication /server room (room 004, as seen on p. A2.1 of the building plans) to the existing Well House # 1-- affixed hereto to this RFQ as 'Exhibit A ". Scope of Work Base Work: A Two Inch conduit designated for SCADA communication between well # 1 and the New City Hall is installed from the New City ball Communications /server room (room 004 as seen on p. A2.1 of the building plans) to the Public Works garage, and then to Well #1. To operate the SCADA system, riser rated Optical Cable Corporation six (6) strand multimode fiber optic cable model i# DX06DWLS9KR or a substituted equivalent - subject to the approval of the owner needs to be pulled in the conduit designated for the SCADA system. The fiber optic cable must be installed in the communications /server room with sufficient length to reach a RTU mounted on the west wall, and must have sufficient length to allow for the RTU to be wall mounted anywhere in the room, plus an additional 10 feet shall be added. The fiber optic cable must then run to the Public Works garage. In the Public Works garage the fiber must not break and not less than ten (10) feet of excess cable must be coiled and hung on the wall. The remaining cable shall run in the conduit to Well housed #1. At Well #1 a junction box must be mounted on the exterior of the building where the underground conduits are currently terminated. The fiber optic cable must be sufficient length to reach the wall mounted RTU on the west: wall of the pump room plus an additional not less than ten (10) feet of fiber cable must be looped and hung on the wall of the pump room. Page 42 of 64 Submission Form 5CADA Upgrade Project Fiber Install Subrnissions are due: February. Submit its original form only to Andy Kegley, Director of Public Works, at City Hall located at 14168 Oak mark Blvd N, Oak Park Heights, MN, 55082. No rfaxed or emailed subiviissions will be accented or considered. Name of Firm: Owner or President Name: Base Work Quote Amount. �__. �p (Must be fully legible & in ink} Signature: Date (This signature must be the original signature of the owner or president) Notary: Date (affix stamp) (Notaty is attesting to signature above as being the r)erson cuipabie of binding the company to submit such quote) i I , Page 43 of 64 CITY PIALL PI-AN KEYNOTES C p . 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' � --- I�t+r„�.. f..pJ� ., ... _ �- . _ .d..�....wJ.,<.�,,.,,,,a � Off-• -- �• y....,�_........_.._.. -_. -- -.___.��_�..�..._. .,� .��..� -.: -_-� ,� . >• { o �'; ._ °" k ' c✓ ` `_` ' o o tye I I O �+w'sser.sr.•a.. LOWER LFVFL FLOOR PLAN -_ -- _ - ..f r-... r• .�.-. _ _ _ � .�a,.�. we L:.] uY. assnr> a... crw� .r..xwuw.ao�co..wie.iYttva�. � c..o .. ..ysJwwr� i e� ° �nnro�c��« �i+<""`. axonrm« om. nc�o •.nwn>r+.vrasw�..+.wl.�».,o.o-�a 0822 .,.we. i naec.� ° m:mwicl�e'�R«`'"w„�.m. r ia.. v `iu�emnamw- mar.•uxoaccnvo aemcl m a a 0 rn Oak Park heights Request for Council Action Meeting Date March 9, 2010 Agenda Item Approve Resolution for the Floodplain Ordinance Summary "Time Req. _Q..__.__ Agenda Placement Consent, Originating Department /Requester _ Requester's Signature Action Requested Approve T- B,icicgi {Please indicate ally previous action has becn taken or if other public bodies have been advised). Attached is a Resolution approving the liloodplain Ordinance Summary for publication purposes, The Tull ordinance was already approved by the City Council at the January 26, 2010 meeting. Codification of this ordinance will be provided by the City Attorney prior to publication. Page 45 of 64 CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA RESOLUTION NO. 10 -03 -09 A RESOLU'T'ION OF THE CITY OF OAK PARK HEIGHTS, WASHINGTON COUNTY, MINNESOTA, PROVIDING FOR THE SUMMARY PUBLICATION OF ORDINANCE NO. , AN ORDINANCE ADDING TO CHAPTER OF THE OAK PARK HEIGHTS CI`T'Y CODE. W11l- -,REAS, On January 26, 2010, at a Regular Meeting of the Oak Dark Ileights City Council, by maiority vote, the City Council adopted Ordinance No. which adds to Chapter _— of the City's Code of Ordinances; and WI-11 State law requires that all ordinances adopted be published prior to becoming effective; and WI II REAS, the City Council for the City of Oak Park I leights has determined that publication of the title and a sumn of Ordinance No. would clearly inform the public of the intent and effect of the Ordinance; and WI IERl?AS, the City Council for the City of Oak Park Heights has reviewed the summary of Ordinance No. attached and incorporated heroin as Exhibit A; and WHEREAS, the City Council for the City of Oak Park Heights has determined that the text of the summary clearly informs the public of the intent and effect of Ordinance No. ..._.. ___ - ...... NOW 'I11EIZE1 III" I'f IZI:ISOI. W. the City Council for the City of Oak Park heights hereby: 1. Approves the text of the summary of Ordinance No. attached as Exhibit A. 2. Directs the City Clerk to post a copy of the entire text of Ordinance No. in all public locations designated by the City Council. 3. Directs the City Clerk to publish the summary in the City's legal newspaper within ten days. 4. Directs the City Clerk to file the executed Ordinance upon the books and records of the City along with proof of publication. Dated this 23 day of February, 2010. David 13caudet, Mayor A'TTES'T Eric Johnson, City Administrator Page 46 of 64 Ordinance Summary NOTICE: '11-11S PUBLISHED MATERIAL IS ONI.,Y A SUMMARY OF AN ORDINANCE OF THE' CODE OF ORDINANCES FUR "I HE CITY OF OAK PARK HEIGHTS. THE BULL "I'EXT OF THE ORDINANCE IS AVAILABLE; FOR PUBLIC INSPECTION AT THE OAK PARK H IGI-ITS CITY HALL DURING REGULAR BUSINESS HOURS. TITI.,E: AN ORDINANCE ADDING TO CHAPTER TO ADD ORDINANCI NO. FOR FLOOD PLAIN MANAGE E SUMMARY Ol ORDINANCE: SECTION L0 S'T'ATUTORY AUTHORIZATION, FINDINGS OF I''ACT AND PURPOSE 1.1 Pursuant to Minnesota Statutes Chapter 1031 and Chapter 462, the Minnesota State; Legislature has delegated the responsibility to local government units to adopt regulations to minimize flood losses. "Phis 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 nhaintain the community's eligibility in the National Flood Insurance Program. It is the intent of this chapter to establish regulations for the use, development and redevelopment of property within the city in order to promote the public health, safety, nhorals, and general welfare consistent with applicable law. SECTION 2.0 GENERAL PROVISIONS 2.1 Lands to Which Ordinance Applies: This Ordinance applies to lands located within the boundaries of the Floodway, Flood Fringe or Flood Plain as shown on the Official Zoning Map of Oak Park Heights or attachments thereto, which include Flood Insurance Study for Washing County, Minnesota and Incorporated Areas and Flood Insurance Rate Map panels issued by FTMA. 2.2 Establishment of Official Zoning Map: The Official Zoning Map together with all materials attached, including the Flood Insurance Study for Washington County, Minnesota And Incorporated Areas and Flood Insurance Rate Map panels therein numbered 27163CO261E, 27163CO262E, 27163CO265E, 27163002661 -L, 27163CO267E, 27163CO268E and 27163CO269E, all dated February 3, 2010 and prepared by the Federal Emergency Management Agency, is Hereby adopted by reference and declared to be a part of this Ordinance. The Official Zoning Map shall be on file in the Office of the City Administrator. 2.4 Interpretation: This Section states that where interpretation as to tlhe exact location of the boundaries of the floodplain is required, and a formal appeal is made of the Zoning Administrator's decision, the I3oard of Adjustment shall make a determination. All n decisions will be based o elevations on the regional flood profile, the ground elevations that existed oil the site at the time the Community adopted its initial floodplain ordinance or oil the Page 47 of 64 date of the first National blood insurance Program map showing the area within the 100 -year floodplain if earlier, and other available technical data. 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. 2.8 Definitions: This Section sets forth the critical definitions for terms in City ordinances that relate to the floodplain and the regulatory features of this floodplain. SECTION 3.0 ESTABLISHMENT OF ZONING DISTRICTS 3.1 This Section sets forth the description of a Floodway District and a Flood Fringe District. The Floodway District includes areas designated as 'Lone AE and Zone F" on the Flood Insurance Rate Map panels referenced in Section 2. The Flood Fringe District includes areas designated as Zone AE and lone A on said Flood Insurance Rate Map panels that are below the 1% annual chance flood elevation but above the ordinary high water level, as defined in Minn. Stat. § 103G.005, subdivision 14. SECTION 4.0 FLOODWAY DISTRICT (FW) This Section provides that permitted and conditional uses are only allowable in the floodway if not prohibited by any other underlying zoning district classification and if not prohibited by any applicable state or federal law. This Section specifies the permitted uses allowed in the Floodway District and outlines the standards for said permitted uses. This Section specifies the conditional uses allowed in the Floodway District and outlines the standards for said conditional uses. Specific provisions set forth the standards regulating fill and the storage of materials and equipment. SECTION 5.0 l FRINGE; DISTRICT (FF) 'this Section specifics the permitted uses allowed in the Flood Fringe District and outlines the standards for said permitted uses. ']'his Section also specifies the conditional uses allowed in the Flood Fringe District and outlines the standards for said conditional uses. Specific provisions set forth the standards that regulate fill and the storage of materials and equipment. Specific provisions set forth the standards that regulate the location and flood proofing of residential and non- residential structures, including accessory structures. 5.42 This provision provides that residential basement construction shall not be below the regulatory flood protection elevation. Non - residential basements are allowed below the regulatory flood protection elevation provided the basement is structurally dry flood proofed in accordance with the FP -I or FP -2 classifications of the State Building Code. 5.5 Standards for All Flood Fringe Uses: This Section sets forth the standards for all new principal structures, commercial uses, manufacturing, and industrial uses. This Section also requires that fill shall be properly be compacted and slopes shall be properly protected by the use Page 48 of 64 of riprap, vegetative coven, or other acceptable method. This Section acknowledges I`EMA's established criteria for removing the special flood hazard area designation for certain structures properly elevated on fill above the 100- year flood elevation. SUCTION 6.0 PROCEDURES FOR DETERMINING 1% ANNUAL CHANCE FLOOD ELEVATIONS (100 -YR FLOOD ELEVATIONS) IN ZONE A This Section outlines the procedures for determining the 1% annual chance flood elevations in zone A. The 'Zoning Administrator will use the 1% annual chance flood elevation when processing; permit applications pursuant to the provisions of Section 4.0 and Section 5.0 of this ordinance. SECTION 7.0 SUBDIVISIONS 'this Section is not intended as a substitute for a comprehensive city or county subdivision ordinance; but can be used as an interim control until such comprehensive subdivision ordinances and be amended. 7.1 This Section states that no lands shall be subdivided if such lands are unsuitable for the reason of flooding, inadequate draining;, water supply or sewage treatment facilities. All lots within the food plain districts must contain a building site outside of the I loodway District at or above the regulatory flood protection elevation. ']'his Section provides further restrictions on the subdivision of lands within the flood plain. 7.2 This Section provides that in the General Flood Plain District, applicants must comply with the requirements of Section 6.2 or this Ordinance. SECTION 8.0 PUBLIC UTILITU'S, RAILROADS, AND BRII.)C.1I. S This Sections outlines the standards that must be met before public utilities and public transportation facilities are to be located in the flood plain. 8.3 On -site Sewage Treatment and Water Supply Systems: This Section provides standards of on -site sewage treatment and water supply systems, which are designed to minimize or eliminate infiltration of flood waters into systems and discharges of the systems into flood waters. Sl?CTION 9.0 MANUFACTURED ]-TOMES AND MANUFACTURED HOME PARKS AND PLAC) "MENT OF RECREATIONAL VEHICLES This Section provides that new manufactured home parks and expansions to existing manufactured home parks shall be subject to the provisions placed on subdivisions by Section 7.0 of this Ordinance. The placement of new or replacement manufactured homes in existing manufactured home parks or on individual lots must comply with Section 5.0 of this Ordinance. This Section further outlines requirements for vehicular road access for existing; manufactured home parks and the requirement that all manufactured homes be securely anchored to an Page 49 of 64 adequately anchored foundation system that resists flotation, collapse, and lateral movement. This Section provides standards for determining whether recreational vehicles are exempt from the provisions of this Ordinance. SECTION 10.0 ADMINISTRATION This Section states that the Zoning Administrator or other designated official shall administer and enforce this ordinance. This Section outlines the various permits that are required to be obtained before building, modifying, or replacing structures in the floodplain, when a certificate of zoning compliance is required, and when certification by a professional engineer or architect is required. 'Phis Section sets forth the procedure of administrative review by the Board of' Adjustment. Section 10.3 further outlines the standards by which the Board of Adjustment reviews and grants variances. "Phis Section sets forth the procedure that must be taken by the City Council in order to hear and decide applications for conditional use permits. SECTION 11.0 NONCONFORMING USES This Section contains provisions regulating the maintenance of' nonconforming uses in a floodplain district and setting forth the instances when such nonconforming uses must meet the standards set forth in Sections 4.0 and 5.0 of this Ordinance. SECTION 12.0 PFNTAI.lTl[ FOR VIOLATION This Section provides for the penalties that are imposed and the enforcement measures that may be taken when a provision of this Ordinance has been violated. Violations of the provisions of this Ordinance or failing to comply with any of its requirements shall constitute a misdemeanor and shall be punishable as defined by law. Page 50 of 64 Oak Park Heights Request for Council Action Meeting Date March 9, 2010 Time Required: Agenda Item Title: Electrostatic Painting of File and Storave Cabinets Agenda Placement Consent Originating Department /Requestor Finance -Judy Holst, Devuty Clerk /Finance Director Requester's Signature � ` �... Action Requested Approve electrostatic naintina of file and storage cabinets Background /Justification (Please indicate if any previous action has been taken or if other public bodies have advised): I received a quote from Allied Electrostatic of Minnesota in the amount of $ 1,688.00 for painting the storage and file cabinets that will be moved to the New City Hall. Only the outside of the cabinets will be painted and it will take approximately one to one and one half days to paint. The purchase of new cabinets was not in the City Hall budget for furniture. We have 34 storage /mile cabinets that we will be moving; to the New City Hall for use by Administration, Finance, Building Inspections and Public Works Departments. They range in color from tan, putty, green, and gray. Most of the cabinets are scratched or scuffed and are in need of a new paint job. Painting the cabinets black will match with the new furniture we have ordered and the cost to paint the cabinets is considerably lower than the cost to purchase new cabinets. See attached quote. Recommendation: Approve painting of 34 storage and Zile cabinets by Allied Electrostatic of Minnesota in the amount of $1,688.00. Financing -- City Hall Improvements - Furniture Budget. Page 51 of 64 24. 2010 1; 23P r'I No. 34h2 7 01(ortriti® . of Minnesota In 1S1 1b l ianc ®4ca Av ©nue Natih Tninnei %4 :U%.JTATlk e j Hugo, ola 8603e Q � — � � 9 - c o t'hanv (651) 426 -3346 Fox �- x (651) 424.3441 41 & r l auoTATION DAYS SAS BON M INQUIRYOATC INQUIRY�NVM13. _ - PRIGI AMOUNT QUANTITY DESCRIPTION 7 r �r c..Re4 y ; r WE AM PLEASR) TO SUBMIT THE ABOVrm QUOTATION FOR YOUR CONSIDERATION. 9VIOULn YOU PLACE ORDEr;, QCASrVAV IT WILL RCCCIVC'OUR pROMPT ATTENTION, BY ACCEPTED DATE SIGN AND RETURN WHF�N ORDERING Via r. '. 2010 9 30 AIM No, 3463 P. 1 gWw4&,N- I AV"% -%N � r�� of Minnesota Inc. 1311& franc®gca AVOW* North ° Huge, Mlnnn'nla 66039 p r S ^1 e / 5 . „ O "7 1 ' Phone (651) 425 -3346 Fax (651) 424 " aUOTATION [?ATF SALBSPI.WN 1r4QUIRYtrAT : INQVIRYNUMBER E °t QUANTITY " DESCRIPTION PENCE AMOUN �w 0 A ,, WE ARE PLEASED TO 6U13IAIT Tut =ABOVE QUOTATION FOR YOUR CQN810MXTION. SHOULD YOU PLACE. AN OMER, BE ASSURED IT WILL RECEN6 OUR PROMPY X BY ACCEPTED D q r � StQN AND RETURN WiJEN gRDEAINQ T !1 This Page Is Left Intentionally Blank. �1U I 1 Page 54 of 64 Oak Park Heights Request for Council Action Meeting Date: _- _ March W ". 2010 Time Required: t Minute Agenda Item Title:__ -... ON Hall Iiacilitv_— Low 'Voltag Cal ilingto - ,M Qyiito r I "at Agenda Placement: ConsO Originating Department /ReqJohnson, City Administrator Requester's Signature ._ Action Requested ... Background/Justification (Please indicate if any previous action has been takes or if other Dubuc bodies have advised) The City has recently been informed by the Architect that the contract with Jorgenson does not include cabling to the various TV locations with coaxial cable (RG -0) and at 13 "drop" locations throughout the building. I have secured two quotes for such additional work: APPOLLO Systems: $1,475.00 (APPOLLO is the current low - voltage contractor) COMCAST: $2,573 -00 Action Requested: Award the contract to APPOLLO Systems Page 55 of 64 ///A ffF�� F" 4D Q— 11— C)� Jeff Bridges 6250 Sycamore Lane Maple Grove, MN 55369 March 3, 2010 Eric Johnson Oak Park Heights New City Hall Re: TV Cabling Dear Eric: In reference to our meeting Tuesday of this week, belOw is a Sutmmm'y of the cabling that is needed for the New City Fall, Appollo Systems will provide the following: o (1 l) Locations of Sub -net Cabling from the Server Room to locations marked oa print. (1) Location of Saab -net cabling from Server Room to Control Room ire Council Chambers o (1 ) Location of 1 -net cabling from Server Room to Control Room in Council Chambers O All cable will he RG -6 Quad Plenum O All cables terminated at both ends with F- connectors for RG -6 Quad cable V Finished race plates for all room locations C All cables tested The costing for the above referenced cabling will be 3 1,475.00, This includes all material and labor, Please call or e -mail with any questions, Sincerely / Jeff Bridges Page 56 of 64 C® PROJECT ESTIMATE Site Name: oak Park hleight City Hall Prop's - Estimate Site ®catioe�: T— 14168 57th St. N. oak Park Heights, �N Site Contact: nary 13r r�k orst - .. Estimate Date: 03/03/10 Sub - Net Oniv Total Labor Cost 1,610.00 Total Material Corte 963060 Total Project Cost $ 2,573.60 TOTAL SITE COSTS $ 2,573060 Page 57 of 64 This Page Is Left Intentionally Blank. 1u n s AJ '2 3 W { Page 58 of 64 Oak Park Heights Request for Council ACtf00 Meeting Date March 9 2010 Agenda Item Reconsideration of the Design Guidelines Section 48}.15C.8. T ioo*T<cq. 5 Agenda Placement 011.0 Business —______ ()zig|untiug1)opar(nueot/Rcgoea1or Muyor8nnndc1 Requester's Signature _______________________________ Action Requested Discussion and possible laction Background/3 List I fi cati on (1 indicatcany previous action has been taken or if other public bodies have bc*nudviuud). After further though I believe the iiew at)d remolded rules should be the same either take out the requirements f`or new homes or add back the remodeling of homes into the ordinaiice n:quirtrucuta. Page nno,o4 . to f r PROPOSED OAK PARK HEIGHTS ZONING ORDINANCE SECTION 401.15.C.8 February 15, 2010 8. Building Type and Construction. a. General Provisions for Residential and Commercial Zoning Districts: 1) Compatibility. Buildings in all zoning districts shall maintain a high standard of architectural and aesthetic compatibility with surrounding properties. Compatibility means that the exterior appearance of the building, including design, architectural style, quality of exterior building materials, and roof type and pitch are complementary with surrounding properties. 2) Maintenance. All buildings in the City shall be maintained so as not to adversely impact the community's public health, safety, and general welfare or violate the provisions of the Nuisance or Hazardous Building provisions of the Oak Park Heights Code of Ordinances. 3) Exterior Building Finishes. a) The primary exterior building facade finishes for residential uses shall consist of materials comparable in grade to the following: (1) Brick. (2) Stone (natural or artificial). (3) Integral colored split face (rock face) concrete block. (4) Wood, natural or composite, provided the surfaces are finished for exterior use or wood of proven exterior durability is used, such as cedar, redwood or cypress. (5) Stucco (natural or artificial). (6) High quality and ecoloaicaliv sustainable grades of vinyl, steel and aluminum. Vinyl shall be a solid colored plastic siding material. (7) Fiber cement board. (8) Exterior insulation and finish systems. (9) Energy generation panels and devices affixed to a roof or wall. If not in use, the panels or devices should be removed and building surface restored to the original condition. b) The exterior architectural elements and finishes for all buildings in the business zoning districts shall be subject to 1 Page 60 of 64 Section 401.16 of this Ordinance known as the Design Guidelines. c) All accessory buildings to residential dwelling units and non- residential uses shall be constructed with a design and materials consistent with the general character of the principal structure on the lot as specified in Section 401.15.D of this Ordinance. 4) Metal Building Finishes. No galvanized --or unfinished steel or unfinished aluminum buildings shall be permitted in any zoning district. High quality, non - corrosive steel, aluminum, or other finished metal shall be allowed for walls or roofs. All structures in the business districts shall comply with Section 401.16 of this Ordinance known as the Design Guidelines. 5) Prohibited Materials and Structures. a) Pole buildings and quonset structures. b) Wood or metal poles as a principal structural support where such supports are not affixed to a floor slab but inserted directly into the ground to achieve alignment and bearing capacity. b. Single Family and Multiple Family Containing Up to Five (5) Units to Include IR- c- lading --All New Construction - and-- Remodeling: — 1) Entrances. Primary entrances on principal structures shall face the f primary abutting public or private street or be linked to that street by a clearly defined and visible walkway or courtyard. Additional secondary entrances may be oriented to a secondary street or parking area. Primary entries shall be clearly visible and identifiable from the street, and delineated with elements such as roof overhangs, recessed entries, landscaping, or similar design features. 2) New Construction -- and—Remodeli -ng. New construction and remedeNeg —shall relate to the design of surrounding tr- adit44aal buildings, where these are present. Design features such as similar setbacks, scale, facade divisions, roof lines, rhythm and proportions of openings, building materials and colors are possible design techniques, while allowing desirable architecture innovation, variation, and visual interest. All sides of buildings shall use the same building materials and other architectural treatments as principal facades. 3) Window and Door Openings. For principal residential buildings, above grade window and door openings shall comprise at least 2 Page 61 of 64 fifteen (15) percent of the total area of exterior walls (excluding the area of garage doors) facing a public /private street or sidewalk. In addition, for new principal residential buildings, above grade window and door openings shall comprise at least ten (10) percent of the total area of all exterior walls. 4) Garage Doors /Street Facing Building Facade. Public or private street facing garage doors shall be allowed to project no more than messed- at- Ae,a -st -four (4) feet behind- - from the front or side facades of the ground floor living area portion of the dwelling or a covered porch (measuring at least eight (8) feet by eight (8) feet). 5) Garage Doors/Building Design for Attached or Detached Garaqes, Garage doors may be located on another side of the dwelling ( "side or rear loaded ") provided that the side of the garage facing the front public or private street has windows and other architectural details that mimic the features of the living portion of the dwelling. 6) Garage Doors/Building Frontage. Garage doors shall not comprise more than fifty -five (55) percent of the ground floor public or private street facing linear building frontage. Alleys and corner lots are exempt from this standard. 7) Garage Door Height. Except in the rear yard, garage doors facing a public or private street shall be no more than nine (9) feet in height. C. Multiple Family Containing Six (6) Units or More For New Construction and- -Remadefing: 1) Mass and Scale a) Each multiple family building containing six (6) or more dwelling units shall feature a variety of massing proportions, wall plane proportions, roof proportions and other characteristics similar in scale to those of single family detached dwelling units, so that such larger buildings can be aesthetically integrated into a lower density neighborhood. The following specific standards shall also apply to such multiple family dwellings: (1) Roofs. Each multiple family building will feature a combination of primary and secondary roofs. Primary roofs will be articulated by at least one (1) of the following elements: (a) Changes in plane and elevation. (b) Dormers, gables or clerestories. 3 Page 62 of 64 (c) Transitions to secondary roofs over entrances, garages, porches, bay windows. (2) Facades and Walls. Each multiple family dwelling shall be articulated with projections, recesses, covered doorways, balconies, covered box or bay windows or other similar features, dividing large facades and walls into human scaled proportions similar to the adjacent single family dwellings, and shall not have repetitive, monotonous, undifferentiated wall planes. b) Each multiple family building shall feature walls that are articulated by at least two (2) of the following elements within every thirty (30) foot length of the facade: (1) Recesses, projections or significant offsets in the wall plane of at least four (4) feet. (2) Distinct individualized entrances with functional porches or patios. (3) Chimneys made of masonry, or other contrasting material that projects from the wall plan. (4) Balconies. (5) Covered bay or box windows. c) Variation Among Repeated Buildings. For any development containing at least twenty -four (24) and not more than forty - eight (48) dwelling units, there will be at least two (2) distinctly different building designs. For any such development containing more than forty -eight (48) dwelling units, there will be at least three (3) distinctly different building designs. For all developments, there will be no more than two (2) similar buildings placed next to each other along a street or major walkway spine. d) Distinctly different building designs shall provide significant variation in footprint size and shape, architectural elevations and entrance features, within a coordinated overall theme of roof forms, massing proportions and other characteristics. To meet this standard, such variation shall not consist solely of different combinations of the same building features. 2) Multiple Family Detached Garages- 4 Page 63 of 64 a) Garages. No public or private street facing facade shall contain more than two (2) garage bays. b) Perimeter Garages. (1) Length. Any garage located with its rear wall along the perimeter of the property and within sixty -five (65) feet of a public right -of -way or the property line of the development site will not exceed fifty -five (55) feet in length. A minimum of eight (8) feet of landscaping must be provided between any two (2) such perimeter garages. (2) Articulation. No rear garage wall that faces a public or private street or adjacent development shall exceed thirty (30) feet in length without including at least one (1) of the following in at least two (2) locations: (a) Change in wall plane of at least two (2) feet; (b) Change in material or siding pattern; (c) Change in roof plane; (d) Windows; (e) Doorways; (f) An equivalent vertical element that subdivides the wall into proportions related to human scale and/or the internal diversions within the building. C) All Garages. (1) Access Doors. Access doorways will be provided as reasonably necessary to allow direct access to living units without requiring people to walk around the garage to access their living units. (2) Articulation. At a minimum, a vertical trim detail that subdivides the overall siding pattern will be provided at intervals not to exceed two (2) internal parking stalls (approximately twenty (20) to twenty -four (24) feet). 5 Page 64 of 64