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HomeMy WebLinkAbout2011.02.09 Parks PacketAgenda Parks Commission, City of Hugo February 9, 2011 7:00 pm Council Chambers, City Hall Copies to: Commission Members, City Staff I. Approve Minutes From January 12, 2011 Meeting II. Playground Proposals and Heritage Ponds Neighborhood Meeting A. 7:10 pm Grant DesRoches, Flagship Recreation B. 7:35 pm Bill Johnson, Flanagan Sales C. 8:00 pm Bill Bach, Earl F. Andersen D. 8:25 pm Mike Basich, St. Croix Recreation E. 8:50 pm Harlan Lehman, MN/WI Playground III. Continued Discussion on the Tobacco Use Policy IV. Update on Health Sub -Committee and Bike Ride Next Meeting — March 9, 2011 -i- Parks Commission February 9, 2011 Background Memo I. Approve Minutes From January 12, 2011 Meeting Staff recommends approval of the minutes from the January 12, 2011 Parks Commission meeting. II. Playground Proposals and Heritage Ponds Neighborhood Meeting Five proposals will be given from vendors for the Hanifl Field Athletic Park and the Heritage Ponds Park. Presenters have been asked to limit their presentations to 20 minutes and allow 5 minutes between presentations. Presenters have been asked to remain in the lobby during other presentations. Presenters have been given a budget, desirable age for type of equipment and minimal design direction. The total budget for the Heritage Ponds Park is $60,000. Hugo Public Works will do the site preparation work (concrete perimeter, irrigation, etc) and material costs are approximately $10,000. The playground equipment budget is $50,000. Hanifl Fields Athletic Park playground budget is $70,000. At both parks, the proposals should include installation of the play equipment and supply of the fiber base material. Staff recommends that a neighborhood meeting be held for residents of the Heritage Ponds neighborhood to give feedback on the proposed play equipment. Staff recommends that the Parks Commission approve a vendor to work with on final designs for play equipment at Heritage Ponds Park and Hanifl Fields Athletic Park. III. Continued Discussion on the Tobacco Use Policy At the October 10, 2010 meeting, the Parks, Recreation and Open Space Commission discussed a draft of revisions to the Public Conduct in Parks Ordinance. The Parks Commission voted to recommend approval of the Public Conduct in Parks Ordinance and the separate Tobacco Use/ smoking Policy to the City Council. At the November 15, 2010 meeting, the City Council had discussion on the Tobacco Use/ Smoking Policy and tabled the discussion to allow the Parks Commission to further consider the policy and provide a recommendation the City Council. At the January 12, 2011 meeting, the Parks Commission discussed the policy -2- Parks Commission February 9, 2011 and tabled further discussion until the February 12, 2011 meeting. Staff recommends discussion on draft resolutions implementing policy to prohibit the use of tobacco or smoking in parks. Staff recommends to do nothing or to recommend one of the resolutions to the City Council for approval. IV. Update on Health Sub -Committee and Bike Ride An update will be given on the Health Sub -Committee meeting of February 8, 2011. The Health Sub -Committee has made progress in planning a family bike ride. -3- Parks Commission February 9, 2011 Minutes Parks Commission, City of Hugo January 12, 2011 7:00 P.M. Hanifl Fields Athletic Park Shelter 7032137 th Street, Hugo, MN Call to Order Present: Kris Birch, Roger Clarke, Jim Taylor, Mat Rauschendorfer, Tom Windisch Absent: Rachel Berger, Derek Larsen, Noel Schmidt, Dave Strub Staff Present: Scott Anderson, Public Works Director Shayla Syverson, Parks Planner Debi Close, Secretary Jim Taylor called the meeting to order at 7:10 p.m. I. Approval of Minutes of December 15, 2010 Windisch made a motion, Rauschendorfer seconded to approve the minutes of the December 15, 2010 Parks Commission meeting. All Aye. Motion Carried. II. Hanifl Shelter Tour Scott Anderson, Public Works Director gave a tour of the shelter at Hanifl Fields Athletic Park. Tour highlights included the concession area, restrooms, gathering room, storage and mechanical Room. III. Continued Discussion on the Tobacco Use Policy Parks Planner, Shayla Syverson gave an update on the November 15, 2010 City Council meeting. At their meeting, the City Council made a motion to support the policy -1— Parks Commission January 12, 2011 prohibiting the use of tobacco in parks. Then, a motion was carried which tabled the discussion to allow the Parks Commission to further consider the policy and provide a recommendation. After discussion by the Parks Commission, Clarke made a motion, Birch seconded to table the item until the next meeting to allow full participation of the Parks Commissioners in discussion. All Aye. Motion Carried. IV. Discussion on Snow Removal Plan Scott Anderson, Public Works Director made a presentation on Sidewalk and Trail Winter Maintenance. The purpose of the discussion was to address resident requests and the needs and expectations of residents as Hugo grows. The Parks Commission discussed policies and ordinances in neighboring cities. In Hugo, sidewalk and trail snow removal is not required by ordinance or addressed in the City's Snow and Ice Control Policy. After discussing what is currently happening in Hugo, the Parks Commission established criteria for selecting sidewalks and trails where snow removal could be done by the City. These criteria include: areas that currently are not handled by associations or the school district, major roadways with higher traffic volume, important trail connections, school walking routes and areas where plowed snow is greater. An additional criteria was added "as deemed required by the City Council". A map of proposed trails was discussed. Taylor made a motion; Birch seconded to support the purchase of equipment and a policy for removal of snow on trails as proposed. All Aye. Motion Carried. V. Discussion on Future Plavaround Proposals Scott Anderson, Public Works Director asked the Parks Commission for direction to give playground vendors to guide their proposals for the Hanifl Fields Athletic Park and Heritage Ponds Park. For the Hanifl Fields playground, the Parks Commission stated that they didn't want a custom theme due to cost but would like to see a color/material scheme which fits the building and natural setting. They would like to make it a destination park for 5-12 year olds and for the vendors to think big and think tall. For the Heritage Ponds Park, they discussed something that all ages can use, but of the 5-12 year old category of equipment. They would like to see a climbing net or rock wall or other climbing structure. -2— Parks Commission January 12, 2011 VI. Update on Winter Programs Shayla Syverson, Parks Planner informed of the upcoming events. January 15 - Snow Jam January 21 - Movie Night Despicable Me February 12 - Sledding Party February 18 - Movie Night Toy Story 3 March 18 - Movie Night Karate Kid VII. Update on Health Sub -Committee Shayla Syverson, Parks Planner updated that the Health Sub -Committee has not met recently and is waiting until hearing further from Eric's Bike Shop. The early planning of the bike safety event/bike rodeo will be supported by a $4,000 grant received from Washington County through the Statewide Health Improvement Program. VIII. Adjournment Windisch made a motion; Clarke seconded to adjourn the meeting at 9:33 pm. -3— Parks Commission January 12, 2011 f � - �r fHugo City of 14669 Fitzgerald Avenue North, Hugo, MN 55038 (651) 762-6300 www.ci.hugo.mn.us January 20, 2011 To whom it may concern, The City of Hugo Parks, Recreation and Open Space Commission is requesting proposals for playground equipment to be installed in two Hugo parks. It would be great if XXX-? could propose plans at the Parks Commission meeting on Wednesday, February 9 at 7:OOpm at Hugo City Hall. The Parks Commission set a budget and discussed what they would like to see at the parks. Here is some information about the parks: Heritage Ponds Park This park is a neighborhood park near Oneka Elementary School and located at 15541 Empress Avenue North. The budget is set at $50,000 which needs to include engineered fiber for the site. The Parks Commission would like to have equipment for ages 5-12 that may include climbing nets or other climbing structures. They didn't set a theme or color scheme and are requesting creativity in proposals. This equipment would be installed mid- summer. An aerial photo of the park is attached. Hanifl Fields Athletic Park This is Hugo's newest and largest developed park. It is located at 7032 137th Street. A beautiful new shelter has been constructed which includes an open air pavilion, concession stand and gathering room. The Hanifl Fields Athletic Park is home to 5 soccer fields and will continue to develop. The Parks Commission would like to make this a spectacular destination park in Hugo with regional appeal. They are envisioning something big and tall that fits in with the colors and north woods character of the building as well as the surrounding landscape. The equipment should be made to entertain ages 5-12. The budget is set at $70,000. Installation would need to be completed by May 31St. A map is attached with dimensions of the site. For more information, feel free to call me at 651-762-6342 or contact Public Works Director Scott Anderson at 651-762-6326. If you are interested in a tour of the sites, please let us know. We appreciate your time and efforts in preparing creative proposals for the Parks, Recreation and Open Space Commission. Sincerely, Shayla Syverson Parks Planner I � z w jX 971 00 0 a 01 I• I-ifHugo City of 14669 Fitzgerald Avenue North, Hugo, MN 55038 (651) 762-6300 www ei.hugonn.us January 20, 2011 Dear Resident, The City of Hugo Parks, Recreation and Open Space Commission would like to invite you to participate in discussions at their next meeting. At this meeting, the Parks Commission will be hearing proposals from vendors for the installation of playground equipment at Heritage Ponds Park. The intended location of the playground equipment is at the west end of the park, near the shelter and the corner of Empress Avenue North and Heritage Parkway. The Parks Commission would like your feedback on the playground proposals at their meeting on Wednesday, February 9 at 7:00 pm at Hugo City Hall. Hugo City Hall is located at 14669 Fitzgerald Avenue. Please feel free to contact me with any questions at 651-762-6342. Sincerely, Shayla Syverson Parks Planner C: Honorable Mayor and City Council Parks, Recreation and Open Space Commission Michael Ericson, City Administrator Scott Anderson, Public Works Director Agenda Number: III CITY OF HUGO COMMUNITY DEVELOPMENT DEPARTMENT Memorandum TO: Parks, Recreation and Open Space Commission FROM: Shayla Syverson, Parks Planner SUBJECT: Tobacco Use or Smoking Policy DATE: February 9, 2011 1. BACKGROUND: At the October 10, 2010 meeting, the Parks, Recreation and Open Space Commission discussed a draft of a Public Conduct in Parks Ordinance and heard a presentation from Brittany McFadden, Program Director for Tobacco Free Youth Recreation. A discussion on rules had been tabled at the September 8, 2010 meeting. Discussions on the Public Conduct in the Parks Ordinance had included several rules including tobacco use and smoking in the parks. At the October 10, 2010 meeting, the Parks Commission voted to recommend changes to the Public Conduct in Parks Ordinance. Also at the October 10, 2010 meeting, the Parks Commission asked for direction from the City Council on whether to ban tobacco use or smoking with a policy that includes the entire property of all parks in Hugo. After the item was tabled at the November 1, 2010 meeting, the City Council discussed the recommendation at their November 15, 2010 meeting. The City Council tabled their discussion to allow the Parks Commission to further consider the policy and provide a recommendation to the Council. At the January 12, 2011 meeting, the Parks Commission discussed the direction from the City Council and tabled the discussion to allow participation of additional Parks Commissioners in the discussion. 2. OCTOBER PARKS COMMISSION DISCUSSION: Before making a recommendation to the City Council, the Parks Commission discussed four different parts of a possible ban: 1. have a policy, ordinance or none; and 2. include the entire park or a distance from certain features; and 3. apply it to active parks, passive parks or all parks; and 4. ban all tobacco use or smoking. In discussions of a ban, the Parks Commission did a roll call vote on each of the parts. Commissioner Derek Larsen abstained. Larsen is employed by the Tobacco Free Youth Recreation Program. In a 4 to 3 vote, the Parks Commission recommended a policy verses an ordinance. One Commissioner voted to have neither a policy nor an ordinance. Discussion included peer enforcement, enforcement by the Washington County Sheriffs Office and signage. In a 6 to 2 vote, the Parks Commission recommended a ban on the entire park property. The issues listed with using a distance (i.e. 25 feet from children, etc.) included enforcement and clarity to park goers. The option of having an area designated to smoke was also discussed. In a 5 to 3 vote, the Parks Commission recommended that the ban include the entire park system (active and passive parks), rather than only in active parks. In a 4 to 4 vote, the Parks Commission was tied on whether to ban all tobacco use or just smoking. A ban on all tobacco use would include spit tobacco use and smoking. The reasons given for a smoking -only ban include: ■ Role -modeling is not enough of a reason to also ban spit tobacco. ■ Second hand smoke is hazardous to park -goers health, but it is hard to recognize the second-hand effects of spit tobacco. ■ Enforcement of spit tobacco use may be difficult. ■ Regulation of a lifestyle choice is outside the government's role to protect civil liberties. The reasons given for a ban on use of all tobacco products include: ■ Role -modeling is important for youth -prevention. ■ Spit tobacco also produces litter. ■ A total ban is black/white, making it clear to park goers. ■ Role -modeling for all youth trumps the civil liberties of 18% of people. (Percentage of smokers given by McFadden) 3. CITY COUNCIL DISCUSSION: At their November 15, 2010 meeting, the City Council heard a presentation summarizing discussions and the four votes on the four variations on the regulation. Chair Jim Taylor was present and stated his opinion that all parks should be tobacco free, and the Council discussed whether it needed to be addressed at this time and whether government needed to be regulating life style choices by ordinance. The City Council also discussed that tobacco would be allowed at events in parks through a Special Event Permit. For example, the Hugo Lions Club applies annually for a Special Event Permit for Good Neighbor Days to allow for alcohol to be served, amplified music and an extension of park hours. The Lions Club could choose to include an exemption from a tobacco use policy also. A motion was made and seconded to support the policy prohibiting the use of tobacco in parks. The motion was carried which tabled the discussion to allow the Parks Commission to further consider the policy and provide a recommendation to the City Council. 4. JANUARY PARKS COMMISSION DISCUSSION: At the January 12, 2011 meeting, the Parks Commission discussed feedback from the City Council on the tobacco use policy. The Parks Commission discussed changing the policy to state "whenever youth activities are present". They also discussed that allowing tobacco at large events is contrary to the rational for the policy that provides for the public's health and safety. The discussion was tabled to allow further discussion by the Parks Commission at the February meeting. 5. YOUTH ATHLETIC POLICY RESEARCH: Staff was asked to research youth athletic policies related to tobacco use. In the Minnesota Youth Soccer Associations Rules and Policy Manual it states: "An individual attending an MYSA sponsored or sanctioned game shall not use or consume, buy, sell or give away: any beverage containing alcohol; tobacco in any form; or any other controlled substance while present at the playing venue. This rule does not apply to properly prescribed medication. " Of the youth athletic groups that would be using the Hanifl Fields Athletic Park, Beaver Ponds Park, Lions Park, Diamond Point Park or other athletic field; no organization was found that did not have a policy in place prohibiting the use of tobacco at events. 6. RECOMMENDATION: Staff recommends discussion on draft resolutions implementing policy to prohibit the use of tobacco or smoking in parks. Staff recommends to do nothing or to recommend one of the resolutions to the City Council for approval. 7. ATTACHMENTS: Draft Resolution 2010 -XX Prohibiting the Use of Tobacco in Parks Draft Resolution 2010 -XX Prohibiting Smoking in Parks Excerpt from The Citizen November 24, 2010 RESOLUTION 2011 -XX RESOLUTION IMPLEMENTING POLCIY PROHIBITING THE USE OF TOBACCO IN PARKS WHILE YOUTH ARE PRESENT CITY OF HUGO, MINNESOTA WHEREAS, the City acknowledges that tobacco use in active and passive parks in the City is detrimental to the health of and can be offensive to children and adults engaging in or watching outdoor recreational activities; and WHEREAS, the City has a unique opportunity to provide a tobacco -free environment and encourage a healthy quality of life; and WHEREAS, smoking and tobacco litter diminishes the beauty of the parks and require additional maintenance expenses; and WHEREAS, adult peer role modeling of healthy behaviors is valuable to children and all residents of Hugo; and WHEREAS, the City of Hugo Parks, Recreation and Open Space Commission recommends the prohibition of tobacco use at active and passive parks while youth are present to protect the heath, safety and welfare of the youth of our City. WHEREAS, this policy will be enforced by: !) Appropriate signs shall be posted in the parks. 2) Athletic associations that utilize the parks will commit to enforcing this policy. 3) The community will be notified about this policy. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUGO, WASHINGTON COUNTY, MINNESOTA, that the Hugo City Council officially prohibits the use of tobacco in its active and passive parks while youth are present. Adopted and passed this 21 st day of February, 2011 by order of the Hugo City Council. Fran Miron, Mayor ATTEST: Michele Lindau, City Clerk RESOLUTION 2011 -XX RESOLUTION IMPLEMENTING POLCIY PROHIBITING SMOKING IN PARKS CITY OF HUGO, MINNESOTA WHEREAS, the City acknowledges that smoking in active and passive parks in the City is detrimental to the health of and can be offensive to children and adults engaging in or watching outdoor recreational activities; and WHEREAS, the City has a unique opportunity to provide a smoke-free environment and encourage a healthy quality of life; and WHEREAS, smoking litter diminishes the beauty of the parks and require additional maintenance expenses; and WHEREAS, adult peer role modeling of healthy behaviors is valuable to children and all residents of Hugo; and WHEREAS, the City of Hugo Parks, Recreation and Open Space Commission recommends the prohibition of smoking at active and passive parks to protect the heath, safety and welfare of the citizens of our City. WHEREAS, this policy will be enforced by: !) Appropriate signs shall be posted in the parks. 2) Athletic associations that utilize the parks will commit to enforcing this policy. 3) The community will be notified about this policy. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUGO, WASHINGTON COUNTY, MINNESOTA, that the Hugo City Council officially prohibits smoking in its active and passive parks. Adopted and passed this 215 day of February, 2011 by order of the Hugo City Council. Fran Miron, Mayor ATTEST: Michele Lindau, City Clerk RESOLUTION 2011 -XX RESOLUTION IMPLEMENTING POLCIY PROHIBITING THE USE OF TOBACCO IN PARKS CITY OF HUGO, MINNESOTA WHEREAS, the City acknowledges that tobacco use in active and passive parks in the City is detrimental to the health of and can be offensive to children and adults engaging in or watching outdoor recreational activities; and WHEREAS, the City has a unique opportunity to provide a tobacco -free environment and encourage a healthy quality of life; and WHEREAS, smoking and tobacco litter diminishes the beauty of the parks and require additional maintenance expenses; and WHEREAS, adult peer role modeling of healthy behaviors is valuable to children and all residents of Hugo; and WHEREAS, the City of Hugo Parks, Recreation and Open Space Commission recommends the prohibition of tobacco use at active and passive parks to protect the heath, safety and welfare of the citizens of our City. WHEREAS, this policy will be enforced by: !) Appropriate signs shall be posted in the parks. 2) Athletic associations that utilize the parks will commit to enforcing this policy. 3) The community will be notified about this policy. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUGO, WASHINGTON COUNTY, MINNESOTA, that the Hugo City Council officially prohibits the use of tobacco in its active and passive parks. Adopted and passed this 21 st day of February, 2011 by order of the Hugo City Council. Fran Miron, Mayor ATTEST: Michele Lindau, City Clerk MIrgI1,:}_itXJWS ISIQN January 18, 2011 SHIP P .. , Dear Community Physical Activity Partners, Wa4iington� COUllty Congratulations on the approval of your project application for funding. Enclosed is the Statewide Health Improvement Program (SHIP) physical activity partner project service contract. We are extremely pleased to be pursing an agreement with you to work on the strategies for active living in your community. In order to receive the first installment of your funds, please follow the steps below: • Review the final documents which have been approved by the Washington County Attorney's office. • An official signature is required on page two of the service contract (flagged under "vendor"). • The signed agreement, Attachment A, certificates of insurance and completed invoice can be sent to the Department of Public Health and Environment, c/o Jean Streetar, Program Manager. • Once everything is complete, the documents will be signed by the county and a copy sent to you for your files. The first installment of funds will be sent shortly after that time. • Pursuant to the terms of the agreement. The second installment will be provided when the deliverables, evaluation form and invoice are completed. The due date is no later than June 24, 2011. If there are any additional questions, please feel free to contact us at your convenience. Sincerely, Jean Streetar, Program Manager/SHIP Coordinator 651-430-6786 651-430-6730 fax Dean.streetarCc c.o.washin�7ton.mn.us Enc. Ann Pung-Terwedo, Department of Public Works, Senior Planner 651-430-4362 aiiii.pun�-Ierwedo@,co.v7ashinp-ton.mn.us The Statewide Health Improvement Program (SHIP), an integral part of Minnesota's nation -leading 2008 health reform law, strives to help Minnesotans lead longer, healthier lives by preventing the chronic disease risk factors of tobacco use and exposure, poor nutrition and physical inactivity. For more information, visit http •//www.health. state.mn.us/healtlireforni/shin. --SERVICE CONTRACT Vendor Name City of Hugo Address 14669 Fitzgerald Ave Term of Agreement Scope of Service Hugo MN 66038 Jan 3, 2011 to June 30, 2011 WASHINGTON COUNTY Contract # Dept. PHE Fed ID # 41-0954838 Phone # 651-762-6300 Date January 7, 2011 Cost $4,000 Grant award and agreement with the City of Hugo for a physical activity partner project as part of the "Living Healthy in Washington County" a 2009-2011 Statewide Health Improvement Program Grant from the Minnesota Department of Health approved for Washington County Department of Public Health and Environment. A list of deliverables and budget are provided in Attachment A. Indemnification — Notwithstanding any other provision to the contrary, the contractor agrees to indemnify, defend and hold harmless the County, its officers, employees and agents for any and all claims arising out of the contractor's activities related to the services provided under this agreement. Insurance ReUuiremeTitS_ The contractor agrees that in order to protect itself, as well as the County, from claims arising out of the contractor's activities under this agreement, it will at all times during the term of this agreement keep In force policies of insurance providing the following checked -off liabilities, In an amount equal to the County's liability limits set forth. In Minnesota Statute Chapter 466 and the workers compensation requirements in Minn. Stat. Chapter 176. The Contractor agrees as a condition subsequent to increase the required insurance coverage as the liability limits in section 466.04 increase. Nothing in this Agreement shall constitute a waiver by the County of any statutory limits upon liability. Certificates of insurance showing the coverage listed above shall be provided to the County prior to the effective date of this Agreement. All such policies shall provide that they shall not be canceled, materially changed, or not renewed without thirty days prior notice thereof to the County. ® General Liability ® Automobile Liability ❑ Hired/Non-Owned Liability ❑ Professional Liability ® Worker's Compensation (if applicable) ❑ Insurance Requirements Waived, except for Worker's Compensation Data Privac - All data collected, created, received, maintained or used for any purposes in the course of the contractor's performance of this agreement is governed by Minn, Statutes, Sec. 13.01 et seq., or any other applicable state statutes and federal regulations on data privacy. The contractor agrees to abide by these Statutes, rules and regulations as they may be amended. Record Disc losures/Mon ltorin - Pursuant to Minn. Statute 16C.05, Subd. 5, the books, records, documents and accounting procedures and practices of the contractor relevant to the contract are subject to examination by the County, and either the legislative auditor or the state auditor, as appropriate, The contractor agrees to maintain these records for a period of six years from the date of termination of this agreement. Nondiscrimination - During the performance of this agreement, the contractor agrees to the following: No person shall, on the grounds of race, color, religion, age, sex„ disability, marital status, public assistance status, criminal record, creed to national origin be excluded from full employment rights in, participation in, be denied the benefits of or be otherwise subjected to discrimination under any and all applicable federal and stale laws against discrimination. Compliance with Law - The contractor shall abide by all federal, state or local laws, statutes, ordinances, rules and regulations now in effect or hereinafter adopted insofar as they relate to the contractor's performance of the provisions of this agreement. Firearms Prohibited — Unless specifically required by the terms of this contract, no provider of services pursuant to this contract, including but not limited to employees, agents or subcontractors of the Vendor or Contractor (depending upon which term is used) shall carry or possess a firearm on County premises or while acting on behalf of Washington County pursuant to the terms of this agreement. Violation of this provision shall be considered a substantial breach of the agreement; and, In addition to any other remedy available to the County under law or equity. Violation of this provision is grounds for immediate suspension or termination of this agreement. Independent Contractor — Parties agree that the vendor is acting as an independent contractor under this agreement. Conditlon Subsequent - This Agreement may be cancelled by the Vendor or the County at any time, with or without cause, upon thirty (30) days written notice to the other party. In the event of such a cancellation, the Vendor shall be entitled to payment, determined on a pro rata basis, for work or services satisfactorily performed. a. It is understood and agreed to by the parties that payments by the County to the Vendor under this Agreement are dependent upon reimbursements to the County from state or federal sources. The parties agree, therefore, that reimbursement to the County from the state and/or federal government for this program is a condition subsequent of this agreement; and, if state and/or federal reimbursement Is not obtained or continued or is decreased by any amount, the County may terminate this Agreement by giving the Vendor thirty (30) days notice of termination. b. If the Agreement is terminated because of the occurrence of the aforementioned condition subsequent, the Vendor shall only be entitled to the actual cost of the services rendered up to the date of termination. C. In instances where state and/or federal reimbursements are decreased for this program, the parties may negotiate a decrease in the amount of services provided in the Agreement. The parties agree that the County's decision not to terminate shall be sufficient consideration for any modification of the Agreement. Revised 2/28/08 r,t tt ,, 'MbcontractifiLi and Assignment -•- The contractor steal[ not enter into any subcontract for performance of any services contemplated under this agreement nor novate or assign any interest in the agreement without the prior written approval of the county. Any assignment or novation may be made subject to such conditions and provisions as the county may impose. The contractor is responsible for the performance of all subcontractors. Washington County Title Approved as to form: Date iskt,ounty ttorney Vendor 1 Title Date Revised 2126/08 Vs-iwN SHIP .S w",-1,vd, I -1, -..Irl hnp... --71 F"T'pi' it Washimyton ,.-�CO-Lmty 0--ft-00.0 Attachment A Washington County Statewide Health Improvement Program Grant Physical Activity Partner Project January 7, 2011 Statewide Health Improvement Program (SHIP) Grant Description SHIP is an integral part of Minnesota's nation -leading 2008 health reform law. The program strives to help Minnesotans lead longer, healthier lives by preventing the chronic disease risk factors of tobacco use and exposure, poor nutrition and physical inactivity. SHIP seeks to create sustainable, systemic changes in schools, worksites, communities and health care organizations that make it easier for Minnesotans to incorporate healthy behaviors into their daily lives. The City of Hugo project will be to produce and distribute a map of the city trail system. The map will be used to promote and market physical activity opportunities such as biking and walking clubs for healthy lifestyles. There will be banners, professional educational speakers, signage, advertisements in the local newspaper, website pages, and/or other mediums to promote the activities. A Health Sub -Committee of the City of Hugo Parks, Recreation and Open Space Commission was formed in February 2010. The Sub -Committee has been meeting monthly to initiate a series of active community events that will be planned and implemented with grant support. This project will align with the selected SHIP intervention for Community Physical Activity as described below: Implement policies and practices that create active communities by increasing opportunities for non -motorized transportation (walking and biking) and access to community recreation facilities. Active communities provide safe and convenient opportunities for physical activity; commonly referred to as opportunities for active living. The County's Duties The County will provide ongoing technical assistance to the Physical Activity Partner Projects by an assigned staff Coordinator from the Department of Public Health and Environment (PHE). The SHIP Coordinator will be responsible for providing overall guidance to the project and will approve any changes to the work plan and evaluation plan once they are submitted. Specific duties of the County include: 1. Perform the activities approved in the County work plan for the selected intervention. 2. Complete and submit an interim and annual report for FY2010 and FY2011. MJNN7:SC77'A5�I Washington T �T SHIP 1. 1 \ f .Shnmu .li 7irulrCr �'r�r,{+r�hyrr., rri !'fn1�r. r.:. �� ount �'1T 3. Participate in site visits from Minnesota Department of Health (MDH) and all MDH- sponsored conference calls. 4. Participate in MDH-sponsored technical assistance calls and trainings. 5. Provide grant summary or other requested information to MDH upon request for incorporation into state level reports. 6. Allow MDH and others to use any products produced with SHIP funds. 7. Convene a diverse representative Community Leadership Team. Convene Local Partnership groups as appropriate. Invite additional contractors or community resources as needed. 8. Develop, implement and submit an evaluation plan for each intervention using standardized tools provided by MDH where appropriate. 9. Ensure that communication plans funded by SHIP conform to the uniform communications standards provided by MDH. 10. Comply with lobbying requirement provided by MDH. 11. Work collaboratively with the grantee to: a. Schedule mutually agreed upon meetings when appropriate with grantee. b. Assist grantee with the logistics of implementing the Physical Activity Partner Project. c. Work collaboratively with grantee to determine a regular communication schedule for questions and progress reports. Grantee Responsibilities 1. Provide a partner project coordinator and appropriate supervision. 2. Communicate effectively with SHIP staff, stakeholders and the community to convey steps and progress toward work plans and evaluation goals. 3. Attend planning meetings and appropriate trainings with SHIP staff. 4. Be able to carry out organized business practices such as contracting, budgeting, accounting practices, completing reports and evaluation forms. isll�i SHIP Wa�Wngton .Ll�:a-r!'ir•fi iir.,rIrr, lrr,r� T - V.-)lirrir•.t r. rrr rj Jr.rlrl� J r �� ty 5. Reference the SHIP funding source as required by MDH for all material and events. 6. Reference Washington County and "Living Healthy in Washington County" for all materials and sponsored events. 7. Comply with lobbying requirement provided by MDH. 8. Work with the Health Sub -Committee for the community activities. 9. Make a good faith effort to sustain and maintain the maps through other sources of funding after the SHIP funding expires. Deliverables By June 24, 2010 the grantee will complete the following: 1. Develop a City of Hugo Trail System map will be produced for distribution to the general public. 2. Write a plan for a series of healthy community events focusing on physical activity. 3. Document the promotion of existing physical activity policies. 4. Prepare and submit a SHIP evaluation report form to PHE. The report shall cover the time period from January 3 through June 24, 2011. 5. Develop a sustainability plan beyond the grant funded period. Budget The total SHIP funding amount for this grantee will not exceed $4,000. The first half of the funds will be released when a signed contract and invoice are returned. The second half of the funds will be released when the list of deliverables is completed and the evaluation form is returned, no later than June 24, 2011. Any adjustment to budget items will be discussed with the SHIP Coordinator for prior approval. City of Hugo Develop and printing a city trail map Community events, marketing and promotion Total Fun amounts $2,000 $2,000 3 MINNESOTA'S ISIWN Contact Information SHIP Cr. r;ri ri,l llr..lr/� 7fulrr, wr �atbr 1'+'re�,�r�iv;OOWM---.O" W chulgton Jean Streetar, Program Manager/SHIP Coordinator Washington County Department of Public Health and Environment 14949 62°d St. N., Room 450 Stillwater, MN 55082 jean streetsr(&co.washington.mn.us 651-430-6786 Technical Assistance: Ann Pung-Terwedo, Senior Planner Washington County Department of Public Works 11660 Myeron Rd No Stillwater, MN 55082 Ann.pun g-terwe d o n c o. wa shi n Ston . mn . u s 651-430-4362 Maureen Trost, Grant Accountant Washington County Department of Public Health and Environment 14949 62"a St. N., Room 450 Stillwater, MN 55082 maureen trost(�co.washington.mn.us 651-430-6687 4 Third Annual ` Sledding Party! Saturday, February 12 2-4pm Oak Shore Park (12790 Exhall Avenue North) Come and join in the largest sledding party in Hugo! Take turns zooming down the sledding hill and then warm up by the bon- fire with hot chocolate and cookies! This is a free event. There are parking lots at the north and south ends of the park, off of Exhall Avenue. ny of ugo For more information: Hugo City Hall 651-762-6300 www.ci.hugo.mn.us This event is open to all residents of Hugo and all members of WBL Area L ,w,l School District. This event is not sponsored by the WBL Area School District and this Flyer was not printed at the Districts expense. MTH 130Th Now showing at Oneka Gym! Ory Friday, February 18 Doors open at 6.30 pm Movie starts at 7,00 pm At Oneka Elementary School 4888 Heritage Parkway The City of Hugo and Postal Credit Union are proud to present "Toy Story 3" (PG). Bring your friends, family and blankets to enjoy a movie in the gymnasium! FREE Popcorn and snacks are provided thanks to the Udstuen Family and the Hugo Fireflies. For more information, go to www.ci.hugo.mn.us or call 651-762-6300. City of ago i to all residents of Hugo and all members of WBL ,ict. This event is not sponsored by the WBL Area d this flyer was not printed at the District's expense. RAIL WAY John A. Sims, CP BNSF Railway Company Paralegal 2500 Lou Menk Drive —AOB-3 Law Department Fort Worth, Texas 76131-2828 tel 817-352-2376 fax 817-352-2397 Email-john.sims@bnsf.com January 10, 2011 Hugo City Hall Planning Commission 14669 Fitzgerald Avenue North Hugo, MN 55038 Re: STB Docket No. AB -6 (Sub -No. 474X) BNSF Railway Company— Abandonment Exemption — in Washington County, Minnesota BNSF Railway Company ("BNSF") anticipates filing in a few weeks a Notice of Exemption seeking Surface Transportation Board ("STB") authority in the above - referenced docket to abandon 0.51 miles of rail line in Washington County, Minnesota, between Milepost 15.59 and Milepost 16.10, in Hugo. As part of the environmental report, BNSF is required to contact you to determine if the proposed abandonment is consistent with existing land use plans. If applicable, please describe any inconsistencies. Your assessment and comments are respectfully requested. For your reference a map of the subject railroad line is attached. Please provide your response to me at the address above, if at all possible, by January 31, 2011. You may contact me by email or phone with any questions or concerns. Thank you in advance for your time and contribution. Sincerely, John A. Sims, CP Paralegal Enclosure as stated cc via email: Kristy Clark — BNSF — kristy.clark(a)bnsf.com Karl Morell — Ball Janik LLP — kmorell(cbbillp.com Susan Odom — BNSF susan.odom(a-)bnsf.com Mark Norton — BNSF —mark. norton(a.bnsf.com BNS1~ Line Segment 214 M i lepost 15.59 to M i lepost 16. 1 d West Bear Subdivision Washington County, Minnesota Base leap — United States. Geological Survey Hugo (quadrangle 7.5 -minute series 45092 -B8 -TC" -4724 STB Docket No. r tti AB -6 (Sub -No. 474X) ti Map source date 1967 Revised 1993 DRG Creation Date. 05/12/2010 DMA 7474 l] NW 'Series V872 Opel, 4 5 ' �: } r r l�• •,. 1 1 Ih t11 111 �'!• Il _ , " . 145Ln rM1 Street [tire Lake h Ru i h ! 2Q F1' 11 tv l .. �3ri�" - T - � • ^'� , reel �- Vis.. "_ - _ - = _ - �,,R _` �' • f li iwip Vft 28 BNS1~ Line Segment 214 M i lepost 15.59 to M i lepost 16. 1 d West Bear Subdivision Washington County, Minnesota Base leap — United States. Geological Survey Hugo (quadrangle 7.5 -minute series 45092 -B8 -TC" -4724 STB Docket No. r tti AB -6 (Sub -No. 474X) ti Map source date 1967 Revised 1993 DRG Creation Date. 05/12/2010 DMA 7474 l] NW 'Series V872 ly 1� City cif ugo 14669 Fitr_gcrmld Avenue North, lingo, MN 55038 (651) 762-6300 www.ci.lnuo.it"I us January 25, 2011 BNSF Railway Company 2500 Lou Menk Drive- AOB-3 Fort Worth, Texas 76131-2828 RE: STB Docket No. AB (Sub -No. 474X) BNSF Railway Company -Abandonment Exemption- in Washington County, Minnesota John A. Sims, On behalf of the City of Hugo, support of the abandonment of .51 miles of rail line in Washington County, Minnesota between Milepost 15.59 and Milepost 16.10 is given. The abandonment is consistent with City of Hugo land use plans. There are no existing or planned uses in this area of the city that require rail use. The abandonment may allow for the construction of a trail that is an important connection in the City of Hugo Trail and Sidewalk Plan. For your reference, the Trail and Sidewalk Plan is attached. The abandonment of the railway may allow for a connection to be made between two significant regional trails: the Hardwood Creek Regional Trail and the Glacial Hills Regional Trail. It also provides access to the sidewalks and trails along Fenway Boulevard and the surrounding neighborhoods. Feel free to contact me at 651-762-6300 with any questions or concerns. Sincerely, Bryan Bear Community Development Director Enc: City of Hugo Trails and Sidewalk Plan CC: Honorable Mayor and Hugo City Council Parks, Recreation and Open Space Commission Michael A. Ericson, City Administrator Scott Anderson, Public Works Director Ann Pung-Terwedo, Washington County Senior Planner