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HomeMy WebLinkAbout09-22-15 City Council Packet CITY OF OAK PARK HEIGHTS TUESDAY, SEPTEMBER 22, 2015 CITY COUNCIL MEETING AGENDA 7:00 P.M. 7:00 p.m. I. Call to Order/Pledge of Allegiance/Approval of Agenda Estimated times 7:05 p.m. II. Council/Staff Reports A. Mayor McComber B. Councilmember Dougherty C. Councilmember Liljegren D. Councilmember Runk E. Councilmember Swenson F. Staff • Recycling Award(1) 7:10 p.m. III. Visitors/Public Comment This is an opportunity for the public to address the Council with questions or concerns on issues not part of the regular agenda(Please limit comments to 3 minutes in length). 7:1513.m. IV. Consent A eg nda(Roll Call Vote) A. Approve Bills&Investments B. Approve 2015-2016 Snow Plowing Agreement(2) 7:20 p.m. V. Public Hearings NONE 7:20 p.m. VI. Old Business A. St. Croix River Crossing Project Update (no enclosure) B. Street Reconstruction Update (no enclosure) 7:30 p.m. VII. New Business A. 2016 Annual Budget—Consider Proposed Budget and Tax Levies. (3) B. 2016 Annual Budget—Schedule Public Hearing for Truth in Taxation. (4) C. Consider Amendments to City Ord.401.15—Fences. (5) D. Consider Approval of Body Worn Camera Purchase. (6) E. Approve Hiring process and Candidate List for Police Officer. (7) 7:55 p.m. VIII. Other Council Items or Announcements 8:00 p.m. IX. Adjournment 1 of 53 9/22/15 City Council Packet J4 THIS THIS PAGE LEFT INTENTIONALLY BANK. 2 of 53 9/22/15 City Council Packet Oak Park Heights Request for Council Action Meeting Date September 22,2015 Agenda Item Recycling Award Time Req. 0 Agenda Placement Staff Reports Originating Department/Requestor Administration/Jennifer Pinski Requester's Signature Action Requested Receive Information Background/Justification(Please indicate any previous action has been taken or if other public bodies have been advised). See Attached. 3 of 53 9/22/15 City Council Packet A CITY OF 10 OAK PARK HEIGHTS 14168 Oak Park Boulevard No. • P.O.Box 2007 • Oak Park Heights,MN 55082-2007 • Phone:651/439-4439 • Fax:651/439-0574 September 17, 2015 Kenton and Deborah Doyle 1321556 th St. N Oak Park Heights, MN 55082 Dear Mr. and Mrs. Doyle: 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, September 3, 2015, to determine if you had your recycling bin out with your regular garbage. Your recycling was out and ready for collection; therefore, you are one of this month's winners. Please contact me at 439-4439 to let me know your choice of award. On behalf of the Oak Park Heights City Council, thank you for participating in the City's recycling program. Congratu ons! )Ar arySie Recepti ist 4 of 53 Tree City U.S.A. 9/22/15 City Council Packet P"'., Oak Park Heights Request for Council Action Meeting Date: September 22°d,2015 Time Required: 1 minute Agenda Item Title: A2proye 2015-2016 SgM PlgMdgg Agreement Agenda Placement: Consent A Originating Department/Rea for /Johnson, Administrator Requester's Signature Action Requested Avprove /15-2016 Snow PloMdM Agreement Bac ound/Justification ease indicate if any previous action has been taken or if other public bodies have advised): Please see the attached memo from Andy Kegley,DPW. Requested Action: Upon final review by the City Attorney and the City Administrator,authorize the City Administrator and the Mayor to finalize and execute the 2015-2016 Agreement for Roadway Snow Removal and Sanding with Raleigh Trucking. 5 of 53 9/22/15 City Council Packet City of Oak Park Heights 14168 Oak Park Blvd Re Box 2007.Oak Park Heights,MN 55082•Phone(651)439-0439•Fax 439-0574 Memorandum To: Eric Johnson,Administrator Cc: Mayor and Council From: Andrew Kegley, Public Works Director Dates 09/18/2015 Re: 2015-2016 Snowplowing Contract Raleigh Trucking has requested a 2%increase in all fees,materials and supplies for the 2015- 2016 winter season. The impact of the requested increase is shown on the attached exhibit. Generally terms within the contract remain the same as in 2014. Recall in 2014 the City added a provision to reserve the right to change or amend the plowing or sanding policies with no penalty or additional cost. An updated plowing priority map is also included. Generally,the prioritized routes are the main streets leading in and out of the City and the hills. There were essentially no changes in terms of street priority,but the map reflects the new streets layout as well as calls out streets that OPH is no longer responsible to plow.An updated map is attached. 6 of 53 9/22/15 City Council Packet CITY OF OAK PARK BEIGBTS AGREEMENT FOR ROADWAY SNOW REMOVAL AND SANDING Snowplowing Season:Approx.October 2015 through April 2016 1. PURPOSE/INTENT A. Roadway Sanding and Snowplowing The purpose of this agreement provides the City of Oak Park Heights(hereinafter City)and M.J. Raleigh Trucking,Inc.(hereinafter called Contractor)with a mutually acceptable agreement to provide planned and emergency scheduled roadway sanding and snowplowing operations on local City streets and roadways within the City of Oak Park Heights,Minnesota. B. Routes "A"Priority Routes identify high priority roads and slopes of concern"13"Priority Routes;"B" identifies all other streets and areas.All routes become the Contractor's responsibility for sanding and snowplowing operations under the terms and conditions of this agreement.(Routes are depicted in"Exhibit A"as attached. "A"and"B"routes are provided only as a reference to the location and approximate scope of the services required under this agreement.) The City reserves the right to expand,decrease or modify the designated routes without prior written notice to the Contractor and without affecting any condition or provision contained within this agreement,including rates or compensation.Additional services shall be based on established rates. C. Administration This agreement shall be entered into with the City of Oak Park Heights,administered by the Public Works Director and under the direct operational supervision of the Public Works Director or his assigns. D. Roadway Sanding and Snowplowing Policies (1)The City's policy requires the sanding of all local streets,roads and cul-de-sacs whenever weather conditions make driving conditions hazardous.Sanding will be required during storms to maintain passable roadways and safe intersections.Following winter storms sanding operations will be coordinated with snowplowing operations. (2)The City's snow removal policy requires the removal of snow from face of curb(F-F)of ALL local streets,roads and cul-de-sacs after the accumulation of two(2)or more inches of snow.All Routes are to be completed within approximately 8 hours of notification."A"routes are always a priority and also shall be completed by 6:00 a.m.following an overnight storm.Per City Ordinance,no parking is allowed on public streets between 1:00 a.m,and 6:00 a.m. (3)Cul-de-sac snow removal will be by"wasting"to all properties within the cul-de-sac and leading to the cul-de-sac.Stock piling for later removal will only be performed under the direction of the City,when snowfall conditions are extreme. Page 1 of 13 2015.2016 SnewnInwinv Contract 7 of 53 9/22/15 City Council Packet (4)Sanding operations shall normally utilize a minimum of 15%salt/sand mixture. (5)The City reserves the right and may at no penalty or additional cost,amend the City's snowplowing and/or sanding policies that may result in reduced or increased time and/or materials required by the Contractor.Hourly rates and materials cost would remain in effect. E. Scope of Operations The Contractor shall provide a minimum of one(I)piece of equipment to perform the entire sanding operation.Minimum equipment required is a single axle dump truck with a 5 yard capacity sand spreader.Additional pieces of appropriate equipment may be used by the Contractor for any or all sanding operations with prior written approval of the City. The must Contractor provide a minimum of two(2)pieces of equipment to perform the entire snow removal operation.Wheel loader type equipment is preferred for"wasting"snow on cul-de- sacs.Additional pieces of equipment appropriate for each Route shall be used by the Contractor for any or all snow removal operations with prior written approval of the City. In all cases the Contractor shall provide adequate equipment to meet the specific scope and parameters as stated in this agreement including completing full snow removal within the 8-hour requirement. 2. LENGTH OF AGREEMENT A. This agreement shall be a singular annual agreement limited to the snow removal season commencing October 2015through April 2016 inclusive.The Contractor shall be prepared for snow events during these months. B. This agreement may be terminated for good cause,including failure to perform in accordance with paragraphs agreement,by the City during the agreement period,subject to written notice being delivered by registered mail sent to the Contractor at the address referenced on the Proposal form. C. The City does not guarantee a minimum number of work hours for any sanding or plowing operation or duration of the agreement. 3. EQUIPMENT A. Dump Truck Trucks shall be a minimum single-axle,dual rear wheel drive,26,000 G.V.W.vehicle equipped with a minimum 5 yard capacity sander and a front-end plow with a minimum length of 10.0'.If the optional wing plow is used,it shall have a combined moldboard width of 18.0'. Page 2 of 13 2015-2016 Snowplowing Contract 8 of 53 9/22/15 City Council Packet B. Wheel Loader Wheel loaders shall be a rubber tired,articulated type having all-wheel drive and powered by an engine with a manufacturer's rating of at least 95 brake horsepower.It shall be equipped with a front bucket with a minimum of 2.5 cubic yards or a plow with a minimum width of 10.0 feet.An optional wing plow shall be equipped with"floating"down pressure. C. Motor Grader Motor graders shall be an articulated type with a minimum 4-wheel drive powered by an engine with a minimum manufacturer's rating of at least 125 horsepower.It shall be hydraulically operated with a moldboard of 14.0'in length.If used in conjunction with the optional wing plow, it shall have a combined minimum width of 21.0'. D. Accessories&Safety Equipment All vehicles shall be properly equipped and outfitted to meet all local,county,state or federal laws required for on-the-road emergency snow removal operations.They shall provide the operator with full visibility in all directions and shall have a back-up warning system.The operator's cab shall be fully enclosed and property equipped with all equipment necessary to allow the efficient and safe operation of that vehicle.The City reserves the right to reject at any time, without notice to the Contractor,any vehicle that does not appear to comply with all rules or regulations required for over-the-road snow removal operations.Rejection of vehicle acceptability will also take into consideration the condition and limitations of operation of the vehicle or its accessory equipment. E. Vehicle Designation/Replacements Upon request,the Contractor shall provide to the City a copy of their certificate of title which includes the vehicle identification number(if available)and license plate number to the City within ten days of the request.After inspection by the City,those vehicles acceptable for performance under this contract will be verified by the City.Except for emergencies,any planned substitution or replacement of previously approved equipment shall require prior written approval by the City. 4. OPERATION&MAINTENANCE A. Qp erator The Contractor shall ensure that the operator provided with each piece of equipment is fully trained and properly licensed with the State of Minnesota to operate the bid vehicle or any anticipated replacement.The Contractor shall make every effort possible to ensure that the same operators perform the sanding and plowing operations during the length of the agreement. B. Parts&Fuel The hourly rates contained herein shall coverall costs,all operation and maintenance expenses including but not limited to fuel,lubricants,supplies and support services,taxes,surcharges,etc. It shall also include depreciation on the vehicle and related equipment including the repair, maintenance and replacement of all materials and supplies including cutting edges and tire chain Page 3 of 13 2015-2016 Snnwnlnwina Contract 9 of 53 9/22/15 City Council Packet cross links.It shall also include all labor,tools and equipment necessary for making any and all repairs or replacements which may be necessary to keep and maintain the machine and all parts thereof in proper and safe working order and serviceable repair. C. Simge The Contractor shall assume all responsibility and costs associated with maintaining proper and necessary protection/shelter/storage for both the vehicle and operator. 5. HOURLY RATES A. Qperators All hourly rates quoted shall include full operation by a qualified operator. B. QMmtities All rates quoted shall be on an hourly basis and shall be rounded to the nearest 0.25(quarter) hour. C. Premium/Overtime No premium calculation or additional adjustment shall be given to the rates quotes for any hours worked regardless of day,date,time of day or consecutive hours worked in any given sanding operation or calendar week unless specifically provided for in the agreement under Section 7C. D. Nonproductive/Downtime The hourly rate shall be paid for the actual number of hours the machine is operated under the direction of the City.The City shall not be responsible for payment for any time taken for rest or meal breaks.However,the City will recognize payment for routine maintenance and emergency repairs or adjustments necessary to keep the machine properly operating.However,limited accumulated delay time for which payment will be made shall not exceed ten(10.0)percent of the actual working time required for any single snow event.This allowance shall be provided for only those pieces of equipment previously approved by the City for required sanding and snowplowing operations under this agreement. 6. PERFORMANCE REQUIREMENTS A. Personnel The Contractor shall provide the City with the name,address and active cellular telephone number(s)for at least two designated contact personnel responsible for insuring response to the City's request for services.The Contractor shall ensure that at least one of the contact persons is available and accessible 24 hours per day,seven days per week. B. Response Time The Contractor shall be able to respond and begin sanding operations within one(1)hour and no later than three(3)hours from the start time requested by the City for any given sanding or plowing request. Page 4 of 13 2015-'076 Snowplowing Contract 10 of 53 9/22/15 City Council Packet The Contractor shall be able to respond and begin snow removal operations within two(2)hours and no later than four(4)hours from the start time requested by the City for any given snow removal request.The Contractor shall ensure that the equipment and operator are ready and able to continuously provide snow removal services through the completion of the routes designated in the attached exhibits as directed by and to the satisfaction of the City. In all cases,the Contractor shall ensure that the equipment and operator are ready and able to continuously provide services through the completion of the routes designated in the attached exhibits and as directed by and to the satisfaction of the City.The Contractor shall not allow any given operator to work more than 16 consecutive hours without an eight hour break.The contractor is responsible for providing replacement personnel if operations require more than 16 consecutive hours of operation.The 16 consecutive hours shall include all operations by the equipment operator,whenever under the City contract,operations under other contracts held by the Contractor,or by other employees of the operator. C. Down Time The Contractor shall ensure that all equipment provided is maintained in a proper manner and condition to minimize required maintenance or emergency repairs during the performance of sanding operations.It once commencing a sanding operation,a piece of equipment becomes disabled and non-functioning for a period of three(3)consecutive hours,the Contractor shall provide a satisfactory replacement vehicle and operator if necessary at no additional cost to the City.The Contractor shall immediately notify the City if it cannot meet the requirements of this agreement due to disabled equipment or for any other reason. D. Communications The Contractor will maintain communications with the City through cellular phones at no cost to the City.The Contractor shall ensure that the operator maintains full availability for communication at all times during the operations.The Contract will maintain continuous communications with their operators such that directions from the City can be passed to the operators in a timely fashion. E. Authority/Direction The Contractor and his designated operators shall respond to all directions given by the City in a positive,courteous and timely manner during the sanding and snow removal operations.The City reserves the right to reject any piece of equipment or operator from continued or further engagement of services due to incompetence or insubordination or inability of the piece of equipment to function properly for the requested services.The Contractor shall begin the sanding and snow removal operations at a designated point and follow a specific progression as direction by the City. Page 5 of 13 2015-2016 Snowplowing Contract 11 of 53 9/22/15 City Council Packet F. Law Obedience The Contractor and his designated operator shall be responsible for their actions and compliance with all regulatory laws and ordinances governing the operation of the machine while performing sanding operations for the City. G. Performance Bond or Cash Deposit The Contractor shall provide and maintain a performance bond or cash deposit in a manner acceptable to the City in the amount of$5,000 for the duration of this agreement.The City shall not file against or use this performance bond or cash deposit for any issue or matter not relating to nonperformance or noncompliance with this agreement. H. Non Performance The Contractor shall waive any and all objections,rights to objections and claims for additional compensation,damages or loss of revenue resulting from work performed by the City either prior to,during or after any scheduled or emergency operation in lieu of these contractual services as may be necessary due to non performance or excessive delays of the Contractor. I. Property Damage The Contractor shall be responsible for any and all damages to private as well as public property (including public utilities)due to its own or its employee's negligence in performing of this contract operations. 7. COMPENSATION A. Payment Schedule All pay requests must be prepared and submitted by the Contractor as verified and approved by the Public Works Director.All pay requests so received and approved by the Public Works Director shall be processed and payment made by the City not less than 15 nor more than 30 days after receipt. B. Down Time No payment shall be made for any nonproductive or down time exceeding 10%of any singular operation.Compensable time shall include all time spent performing the sanding and snow removal operations subject to the exclusions identified herein and shall include travel time to and from the Contractor's base of operations or City limits,whichever is the shorter distance. C. Penalties and Bonuses A premium adjustment of$10.00 per hour per piece of equipment will be made for each hour worked between the hours of 12:00 a.m.to 12 midnight on Sundays and the holidays of Thanksgiving,Christmas,and New Years Day. Page 6 of 13 2015-2016 Snowplowing Contract 12 of 53 9/22/15 City Council Packet 8. INSURANCE/LIABILITY/CLAIMS A. Indemnification The Contractor indemnifies,saves and holds harmless the City and all of its agents and employees of and from any and all claims,demands,actions or causes of action of whatsoever nature or character arising out of or by reason of the Contractor's performance under this agreement.It is hereby understood and agreed that any and all employees of the Contractor and all other persons employed by the Contractor in the performance of services under this agreement,required or provided for hereunder by the Contractor shall not be considered employees of the City and that any and all claims that may or might arise under the Workers Compensation Act of the State of Minnesota on behalf of said employees while so engaged in any and all claims made by any third parties as a consequence of any act or omission on the part of said Contractor's employees while so engaged in the performance of these services,to be rendered herein by the Contractor shall,in no way,be the obligation or responsibility of the City. B. Insurance The Contractor shall,at his sole cost and expense,carry and maintain general and public liability and property damage insurance coverage of$600,000 for any one accident and$1,000,000 aggregate protecting the Contractor,his employees and the City against any and all claims of any kind or character whatsoever arising from damage,injury(including bodily injury or death) caused by or arising from the operation and use of the machine at the request of the City.Such insurance shall be in full force and effect during the time that the machine is operated at the request of the City. Such insurance policy shall provide for a minimum of 30 days written notice to the City Clerk of cancellation,non-renewal or material change of the required insurance coverage.The requirement and approval of this insurance by the City shall not in any way relieve or decrease the liability of the Contractor.It is expressly understood that the City does not in any way represent that the specified limits of liability or coverage or policy forms are sufficient or adequate to protect the interest or liabilities of the Contractor.Copies of the insurance certificates shall he filed with the City on execution of this agreement. C. Legal Compliance The Contractor agrees to comply with all State and Federal laws and local ordinances governing the employment of personnel including,but not limited to,Minnesota Statute Section 181.59 relating to discrimination in employment,and Section 290.07 requiring the certification of income tax withholding. D. Claims The Contractor agrees to process and resolve all claims submitted by affected property owners of the City of Oak Park Heights in a timely manner. 9. AGREEMENT APPROVAL CONSIDERATIONS A. Selection The City reserves the right to retain the services of the Contractor who,in the opinion of the City, can best provide the services requested under this agreement.Consideration shall be given to Page 7 of 13 2015-2016 Snowplowing Contract 13 of 53 9/22/15 City Council Packet hourly rates,availability and condition of equipment,competency of operators,previous experience,response time and specific pieces of equipment so quoted. B. Combination of Quotations The City reserves the right to select any combination of equipment quoted for services requested in entering into this agreement.Only one hourly rate will be considered for each machine,but consideration will be given to any other rate or combination of rates not called for in this proposal if it is in the best interest of the City. 10. PROPOSED RATES The "Schedule of Prices",attached as Exhibit B for each machine the Contractor proposes to furnish and such quotation shall be an hourly rate and it shall constitute a formal agreement between the Contractor and the City with no further revisions,addenda or exceptions acknowledged unless previously noted in writing and agreed upon.All required performance bonds,insurance certificates and additional requested information shall be submitted in a form acceptable to the City prior to the execution of the agreement by the City. 11. ADOPTED BY REFERENCE OF PROPOSAL The attached proposal of"schedule of prices"and description arc adopted by reference as part of this agreement. 12. RECORD DISCLOSURE/MONTTORING PROCEDURES Pursuant to Minnesota Statues§ 1613.06,Subd.4(1990),the books,records,documents and accounting procedures and practices of the Contractor relevant to the Contract are subject to examination by the contracting agency and either the Legislative Auditor or the State Auditor as appropriate.Contractor agrees to maintain these records for a period of three(3)years from the date of the termination of this Agreement. 13. EQUAL EMPLOYMENT OPPORTUNITY-CIVIL RIGHTS A. 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,creed,or nation of 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 state laws against discrimination including but not limited to the Civil Rights Acts of 1964.Upon request the Contractor will furnish the City all reports required by the Secretary of Labor,the Minnesota Department of Human Services for the purposes of investigation to ascertain compliance with such rules,regulations and orders.The provisions of Minnesota Statutes§ 181.59,(or subsequent amendments)regarding non-discrimination and violations related there from are incorporated in this paragraph by reference as an obligation of the Contractor. B. If during the term of this contract or any extension thereof,it is discovered that the Contractor is not in compliance with the applicable statues and regulations or if the Contractor engages in any Page 8 of 13 2015-2016 Snowplowing Contract 14 of 53 9/22/15 City Council Packet discriminatory practices,then the City may cancel this agreement as provided by the cancellation clause. IN WITNESS WHEROF,the parties have set forth their hands and seals this day of ,2015. CONTRACTOR—M.J.RALEIGH TRUCKING,Inc. By: Mr.Mike Raleigh Notary for Contractor's Signature: CITY OF OAK PARK HEIGHTS By: Mary McComber-Mayor Date By: Eric Johnson—City Administrator Date Notary for City: Page 9 of 13 2015-2016 Snowplowing Contract 15 of 53 9/22/15 City Council Packet Exhibit A — Snowplowing Routes "A" & "B" Page 10 of 13 2015-2016 Snowplowing Contract 16 of 53 9/22/15 City Council Packet . a 5 W Izy TI— L T _ gym 'A•i` 1 � ..1'� Q v r oz .,�n o I m w to 0 A o _ - . w r O - Y { CD O * mm Tyr Y I 1 4: ' y Y O■ i� 111 y C , a W py u dAF SAN' q M � 'F r" 17 of 53 Iv �� - ncil Pack Exhibit B — Schedule of Fees Page 12 of 13 2015-2016 Snowplowing Contract 18 of 53 9/22/15 City Council Packet Ln W to W tD F, -4 �, C w v 000 0 ED � O D O �* tu n n Q r* .-r rr rr rr pl rr O_ m to pr pr r r r r 00 3 00 m �_ nNi nNi O a s � = 0 n O_ M a O_ M o m m o� �C '+ m m m m - O " M CL CL o NOR o� \ \ E a -< ,C N_ N_ 7 7 M OQ Cr rr CO a° rt h GQ 7 � O_ Q N N CL IZ m m to A^ W W W tD to W W to to W f(D 1� 4:h N) A 1N-b ID C N W UD tD V V 00 W ILO W 00 N �p VII �p V 3 W p 00 V tD to t0 00 I-' C1 tV O Fi N 01 N V N N N - N O 00 0000 F-� I-J " r j "F-I W W I-A W I-A A N O Un W t17 N O : O n 'O to t0 I-� N N N N W W W Ol A W t0 W F-� O O 00 00 00 rr A O A V 0 3 N Q N V V iO I' ij i--� i� m im in m 2 0 to m W A � � � O O O rC U1 n o � -°a Q. to to to to to to to V�- pal U11 vOi to to N N N 1� I-� I--* I-� I-A m Ip m to w I-A W W W W W W W m = p IZ O N I-- Js O O O O V V V � T I-- F-A N V V V V N N N CD M C1 W 0 0 0 0 W W W tD - 0 Z V+ O Cr O n O 3 d :3 i -, M m '+ N 3 =r 3 3 a d M Cr m pt CL m -, O m N c Cr m 3 tD t3D m C) 0) F N rn m p to 3 o o. 0 0 Cr o a In n, A O 3 !y 19 of 53 9/22/15 City Council Packet r•� r 0 THIS PAGE LEFT INTENTIONALLY BANK. 20 of 53 9/22/15 City Council Packet OVA Oak Park Heights i' •� SRE Request for Council Action ' Meeting Date September 2..,2015 Agenda Item Title Adopt Resolution Approving 2016 Proposed Budget and Proposed Tax Levies Time Required 5 Minutes Agenda Placement New Business Originating Department/RequJJestor Finance — Betty Caruso, Finance Director Requester's Signature �h. Action Requested Adopt Resolution to Approve 2016 General Fund Proposed Budget and Proposed General Fund Tax Lew. Background/Justification : Attached is the Resolution,and worksheets summarizing the Proposed 2016 budget and the changes made since the 9/8/15 budget work session. Memo: The changes made since the 9/8/15 meeting are explained in the memo. This is an explanation of the change of($19,500)to the debt levy and$1,500 to room tax income. For a total change of$21,000. Worksheet A1-2: Summary of Revenue and Expenditures The total General Fund Budget Expenditures as Proposed is$5,648,560. 2016 General Fund Budgeted Expenditures increased by$246,561 or 4.56%over 2015. • $123,961 or 2.29%is due to increases in Operations • $83,600 or 1.55% is due to the total increase in the Transfer of funds for capital projects • $12,000 or.22%is for the increase in Debt portion of the levy, • $27,000 or.50% is due to severance pay funded by reserve The proposed tax levy for the City is$5,191,593 for the General Levy and$0 for the Debt Levy. The Proposed Levy is$168,862 or a 3.36%increase over 2015's levy. Included in the proposed General Fund Levy amount of$5,191,593 is the debt service amount of$620,000. A budgeted transfer to the related debt funds is reflected in the expenditures as well. Worksheet B: Tax Impact Worksheet The Tax Rate for 2015 and estimated 2016 is 56.804%and 57.705%respectively. This is a 1.6%increase. Due to the 1%average increase in residential property taxes and the 1.6%change in tax rate a residential property would see an average increase of 2.2%in the taxes paid to the city. Recommendation: Adjustments can be made to this budget between now and adoption of our final budget in December, however they cannot increase the tax levy any greater than what is proposed and adopted at this meeting. The proposed 2016 General Fund Levy must be adopted, approved and certified to Washington County by September 30,2015. The final budget and levy must be submitted to the County by December 28, 2015. 1 recommend approval and adoption of the Resolution for the proposed 2015 General Fund Budget and the 201SI46daral Fund Levy. 9/22/15 City Council Packet RESOLUTION #15-09- CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA A RESOLUTION APPROVING THE 2016 PROPOSED BUDGET AND GENERAL FUND LEVIES WHEREAS, the City Staff has prepared and submitted to the City Council it' s proposed budget for calendar year 2015; and, WHEREAS, the City Council for the City of Oak Park Heights has determined that the proposed budget as submitted by the City Staff is in the best interests of the citizens of the City of Oak Park Heights . NOW, THEREFORE, BE IT RESOLVED by the City Council for the City of Oak Park Heights as follows : 1. That the 2016 proposed budget is hereby approved as presented by City Administration in the total General Fund amount of $5, 648, 560. 2 . That the City Administrator is hereby authorized and directed to certify to Washington County the Proposed General Fund levy for the City of Oak Park Heights for the calendar year 2015 in the amount of $5, 191, 593. Passed by the City Council for the City of Oak Park Heights this 21st day of September 2015 . Mary McComber, Mayor Attest: Eric Johnson Administrator 22 of 53 9/22/15 City Council Packet • City of Oak Park Heights 14168 Oak Park Blvd.N•PO Box 2007.Oak Park Heights,MN 55082•Phone(651)439-4439•Fax(651)439-0574 September 18, 2015 MEMO To: Mayor and Council From: Betty Caruso, Finance Directo Re: Changes to September 8th Preliminary Budget For September 21 st Adoption Since our September 8th budget work session,the following changes are made for the adoption at the September 21, 2015 council meeting. • Increase tax revenue for retainage of 5% of the room tax $ 1,500 • Reduce the Debt Levy—additional amount for the 2014 Bond rescheduled to future years. $19,500 • Reduce Tax Levy for the above changes ($21,000) The reduction in the debt levy for the additional amount that was included in the budgets presented at work sessions is recommended due to a cash flow analysis of the 2014 bond issue. The analysis reflected a need of scheduling future debt levies of$433,000. This amount is due to loss of projected interest earnings from: 1) Required adjustments from Northland Securities settlement. 2) Loss of interest earnings on prepaid assessments (Assessment is at 4.5%- current interest earnings at .5%for loss of 4% over 10 years). 3) Loss interest revenue from estimated assessments due to change in scale of project- Stillwater's non-participation. Further analysis of the future scheduled debt levies related to the 2008 GO Bonds, 2009 GO Bonds,2012 Advance Re-funding Bonds and 2014 GO Bonds varied significantly from year to year, which causes the annual tax levy to fluctuate considerably. For example: 2019 debt levy is $615,000 while 2020 is $480,000 and $501,000 in 2021. This causes a fluctuation of taxes levied by a decrease of($135,000) and the following year and increase of$21,000. This is reflected in Chart 1. By scheduling the additional $433,000 of levy needed for the 2014 Bond issue into the present schedule an equal amount of the tax levy for debt can be attained. This eliminates the fluctuations of taxes. This is shown in Chart 2. 23 of 53 9/22/15 City Council Packet With this recommended change there would be no additional levy in 2016 (thus the reduction of$19,500) and the first additional levy would be in 2017 for$11,000. This change would level the tax levy for debt to approximately $600,000 till 2024. (The 2014 Issue is paid off in 2025). Chart 1 YEAR ENDING SCHEDULED TAX LEVIES ......_..... 31-Dec 2008 GO CAP 2009 GO CAP 2012 CIP REF 2014 GO CAP TOTAL 2015 430,000 140,000 38,000 608,000 _..- . ........ ......... - 2016 440,000 142,000 38,000 620,000 2017 - 143,000 410,000 39,000 592,000 , 2018 _ 144,000 420,000 39,000 603,000 ... .....- -- ......... 2019 - 145,000 430,000 40,000 615,000 2020 - - 440,000 40,000 480,000 . .._........ ......-_.. .... ........-_ 2021 - - 460,000 41,000 501,000 _................................ ... ...... ..... ............__....... 2022 - - 475,000 42,000 517,000 2023 - - 490,000 42,000 532,000 ......... ......... ..............__.. ..... _. 2024 - - 505,000 43,000 548,000 ......... .....-- 2025 - 520,000 43,000 563,000 2026 - - 535,000 - 535,000 ......... .................. 2027 - - 550,000 - 550,000 ...... ... 2028 - - 575,000 - 575,000 ........ ......... ......... _ _... .. ......... ........_ ......--. 870,000 714,000 5,810,000 445,000 7,839,000 Chart 2 YEAR ENDING SCHEDULED TAX LEVIES ADDITIONAL TOTAL ......... 31-Dec 2008 GO CAP 2009 GO CAP € 2012 CIP REF 2014 GO CAP TOTAL :LEVIES 2014 ISSUE AD)LEVY 2015 430,000 140,000 : 38 000 608,000 608 000 _ _ ...._... _ _ . ...... _ ..-.. 2016 440,000 142,000 38,000 620,000 _..... 620 000 ........... __ ......... ........ _...._.. ...... 2017 143,000 410,000 : 39,000 592,000 11,000 603,000 __....__. ......... -- .. _...... .... ....... 2018 144,000 420,000 39,000 603,000 - 603 000 __. .. . 2019 145,000 430 000 ! 40,000 615,000 _ 615,000 __.......... ......... .. _...... .. ... .... 2020 - - 440,000 40,000 480,000 12Q,000 600,000 ......... ......... ..... 2021 - - 460 000 41,000 501000 99,000 600,000- - ---... ......... ._...._-.._ ......... ........ ....... 2022 _ 475,000 42,000 517000 - -- 83,000 600,000 ......... ......... .....---- .......... ...... .. 2023 490,000 42,000 532,000: 68,000 600,00. 2024 505 000 43,000 548,000 52,000 600 000 ........ ........ _ ....._.. .. _ -...... _ 2025 520,000 43,000 _.. 563,000 - 563,000 ....- -- _ - ....... ........ _ _ ........---- 2026 - 535 000 535,000 - ..... 535,000 ......... 2027 550,000 550,000: - 550,000 _ _.. . - .._ ......_.. - ............. 2028 575,000 575,000 - 575,000 .... .....-. _ 870,000 714,000 5,810,000 445,000 7,839,000 433,000 8,272,000 ....... ......... ......... ........ ...... __ ...... .. ....... __... This is an initial schedule and will need to be analyzed on a regular basis. Future planning may change the schedule and may require the additional levies to be reallocated. Future tax levies may be reduced if investment earning should increase to close the gap of.5%earned and 4.5%projected. 24 of 53 9/22/15 City Council Packet a W x Y W N N N N N N N w O mmgm 3 F u u u u u u u u u W U 0. V1 1, w --Y p m N r1 N 1n O Z V1 0) en U0 . l0 N -! 00 01 O m e-1 m 1n o N N� a 1n O N N Rr o uiOatoLOA v $ $ 8NO 00 w W 00 O 00 01 00 O O O (31 O In N L N OO M <f O �+1 -e N N 6 N Q Ln 14 l'10 O N u U O 2 10 C, 0 N VF 44 V*Vl V)N in U>in VF VF VF Vi. G m 0 m 0 1, 0 0 0 0 0 0 0 . 0 . 1n n00a . 1 t0 n $ w 1n O 1n (31 10 l '1 m 0 0 1n fo 'r' ri 0 ri m m m o � rP o O O N N N n m 00 In w N N O V 1f1 1H W m C VF V!VF V?N VF/R VT in VF VF VF V►LD N C4 09 oLn J 10 ' n W N t0 00 M C I ' P. 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Q g w m a I�-i V Q d CL m Q H v3 a U H 0 0 0 0 0 0 0 0 0 0 000 0 ° 0 0 q o o 0 o 0 0 0d 0 0 0d 0 oq q q d d 0 0 q 86666 00 d N n S O d O m r to ri N m a Qg Q En U3 tO w n O O to to m A m O O O O to IA Q O O O O O O O 0 0 0 ri .--I r-I r•I N N N N N N N N a tD J Vri ra ri ri ri ri ri r+ .-I ri ri ri r=1 ri ri ri rd ri ri ri ri ri ra ri ri 0 0 0 0 0 0 0 0 0 0 o O o 0 0 0 0 0 0 0 0 0 0 0 o O O Q ei ri ri ri ri ri ri r-I ri ri ri ri ri ri ri ri ri ei rti ri r'1 ri r♦ ri ri ri F 26 of 53 9/22/15 City Council Packet Preliminary Payable 2016 Property Tax Impact Worksheet Taxing District: 1700 Oak Park Heights-GENERAL LEVY&DEBT LEVY Values 8126/15 Step 1-Calculate the Taxing District's Tax Rate-Total General and Debt Levy Budget/Levy 9/8/15 Actual re immary Item Pay 2015 Pay 2016 Change Increase A B 2015 (Decrease) 1. Levy before reduction for state aids $5,022,731 $5,191,593 3.36% $ 168,862 2. State Aids $0 $0 0.0% 3. Certified Property Tax Levy $5,022,731 $5,191,593 3.4% 4. Fiscal Disparity Portion of Le $248,010 $220,581 -11.1% 5. Local Portion of Levy $4,774,721 $4,971,012 4.1% 6 Local Taxable Value $8,405,616 $8,614,478 2.5% 7 Local Tax Rate 56.804% 57.705% 1.6% Step 2-Calculate the Impact of the Taxing District's Rate on Residential Homestead Taxes: 8. Assumes a 0.5% change in market value from 2015 to 2016,which is the city median change Market Value Homestead Taxing Before Value Taxable District 5 Exclusion Exclutions Market nTax Gross C hange Value Value Value Taxirw in Taxes Actual Pax 2015 ay x + x rem @.09% 1 (B12 x D) I rem @ 1.25% 9. Estimated Tax District rate as%of total rate: 10. 205,800 18,718 187,082 1,871 1,062.76 11. 99,500 28,285 71,215 712 404.53 12. 149,300 23,803 125,497 1,255 712.87 13. 248,800 14,848 233,952 2,340 1,328.94 14. 398,000 1,420 396,580 3,966 2,252.73 Proposed Pay 2016 Pay X1.011 rem @.09% (1312 x D rem @ 1.25% (G)x% 18, Estimated Tax District rate as%of total rate: 19. 206,840 18,624 188,216 1,882 1,086.10 23.40 20. 100,010 28,239 71,770 718 414.15 9-62 21. 150,015 23,739 126,276 1,263 728.68 15 81 22. 250,044 14,736 235,308 2,353 1,357.85 28.91 23. 400,038 1,237 398,801 3,988 2,301.30 48.57 Percentage Change from 2015 to 2016 27. 0.5% 0.6% 0.6% 2.2% 28. 0.5% 0.8% 0.8%. 24% 29. 0.5% 0.6% 0.6% 2.2% 30. 0.5% 0.6% 0.6% 2.2% 31. 0.5% 0.6% 0.6% 12% 27 of 53 9/22/15 City Council Packet Tax Impact Worksheet 9-21-15 WORKSHEET B A� THIS PAGE LEFT INTENTIONALLY BANK. 28 of 53 9/22/15 City Council Packet 5NCLOSURE Oak Park Heights Request for Council Action Meeting Date September 2L 2015 Agenda Item Title Schedule Public Comment/Hearing meeting for Truth in Taxation Time Required IMinutes Agenda Placement New Business Originating Department/Requestor Finance-Betty Caruso, Finance Director Requester's Signature Action Requested Set date and time for public comment/hearing for Truth in Taxation-December 8, 2015 at 7:00p.m. Background/Justification(Please indicate any previous action, financial implications including budget information and recommendations). All counties, school districts, cities over 500 population,and metropolitan special taxing districts are required to hold a single meeting in which the public is allowed to speak and the budget and levy is discussed. This meeting may be a part of a regularly scheduled meeting. The hearing must be between November 25 and December 28 and be held after 6:00 PM. If a regular meeting is not scheduled then it will be necessary to schedule a special meeting for this purpose. The meeting date does not need to be coordinated with the home county auditor to avoid conflicting with meetings occurring in overlapping taxing authorities. At the meeting in which the proposed levy is adopted,the City is required to announce the meeting time and location of the subsequent meeting at which the budget and levy will be discussed and at which the public will be allowed to speak. The time and place of the meeting must also be included in the summary of proceedings published in the official newspaper. The City must also provide the county auditor with the time and place of the public hearing at the same time the proposed levy is certified The budget and levy must be discussed and the final levy determined at the TNT hearing. Council may adopt a final budget at this meeting, but is not required to do so. There are two regularly scheduled meeting between November 25 and December 28. The regularly scheduled meeting dates are December 8 and December 22.We have tentatively set the TNT hearing for December 8,2015. At the TNT hearing we could adopt the budget and levy that night or adopt the final budget on December 22,2015. If you wish to have a separate date for the adoption of the budget and levy,you will need to schedule a special hearing date for the TNT hearing or subsequent adoption hearing. Recommendation: Formally set the TNT Public Hearing for December 8,2015, 7:00 p.m. at the City Hall location. 29 of 53 9/22/15 City Council Packet THIS PAGE LEFT INTENTIONALLY BANK. 30 of 53 9/22/15 City Council Packet ENCLMuF?E 5 Oak Park Heights Request for Council Action Meeting Date September 2015 Time Required: 10 Minutes Agenda Item Title: Consider Amendments to City Fence Ordinances Agenda Placement New Business Originating Department/Reque r 'c n City A strator Requester's Signature Action Requested Discussio ssible action Background/Justification(Pl Ledicate if any previous action has been taken or if other public bodies have advised): Please see the attached from Scott Richards,City Planner 1. Memo dated 9-16-15 2. Planning Commission Recommending Resolution. 3. Proposed Ordinance Amendment for Council Consideration. 31 of 53 9/22/15 City Council Packet 3601 Thurston Avenue N, Suite 100 Anoka, MN 55303 Phone: 763.231.5840 Facsimile: 763.427.0520 TPCTPC§PlanningCo.com MEMORANDUM TO: Eric Johnson FROM: Scott Richards DATE: September 16, 2015 RE: Oak Park Heights— Fence Revisions— City Council TPC FILE: 236.01 — 15.01 BACKGROUND Through the course of this summer, the City has dealt with a number of fence permits and Julie Hultman, the Building Official, has found that the current regulations provide practical difficulties in the interpretation as written. City Staff has reviewed the issues and would suggest that the Zoning Ordinance be amended. First, the definition of fence height Includes specifications that should be included in the fence provisions, and not the definition. Secondly, the application requirements need to be clarified relating to how the lot line is established between properties. Thirdly, the specific fence standards need to be clarified and updated. The problem that has been recognized is that the standard fence picket or panel from the building supply store or the manufactured vinyl panels are set exactly at three, six, eight or ten feet. The fence regulations specify a height from ground level to the top of the fence at not more than three, six, eight or ten feet. Fences are often constructed such that the panel or pickets are two or more inches off the ground and the fence posts, sometimes with a decorative cap will also exceed the allowable height of four inches above the panel_ The Planning Commission considered these amendments at a public hearing on September 10, 2015. They suggested some minor revisions from the Staff draft and recommended the language as found in the Planning Commission Resolution and the City Council Ordinance as attached. The language as recommended by the Planning Commission is found as follows: 32 of 53 9/22/15 City Council Packet ANALYSIS Section 401.02.13 Definitions The current definition of fence height is as follows: 3. Fence, Height: The distance from the acUacent finished grade to the highest projection of a fence structure, not including support posts, provided that the support posts are no more than hour(4) inches above the fence structure. Staff suggests that the definition be revised so that the height requirement for support posts is moved to the fence provisions in 401.15.E. The new definition would read as follows: 3. Fence, Height: The distance from the adjacent finished grade to the highest projection of a fence structure or support post. Section 401.15.E.2 Fencing, Screen and Landscapinc The application requirements section currently reads as follows: 2. Application Requirements. Each application for a permit under this section shall be submitted to the Zoning Administrator on forms provided by the City. Each such application shall include a site plan drawn to scale showing the location of house(s), garage(s), and other improvements on the lot and the location of the fencing to be erected, altered or relocated. A cerfficate of survey shall be required for all fences (including hedges and plantings) to be constructed up to or on the property line, unless property stakes on the affected property lines are first located and marked by a licensed and registered Minnesota surveyor and such surveyor shall provide a letter to the City citing that they have located such property stakes. If the survey or property stakes cannot be provided or established, an agreement shall be reached between property owners as to the accepted property line. The requirement to have the property lines marked by a surveyor for all fences constructed up to or on the property line is expensive for the homeowner. It can be a minimum of$500.00 to have a surveyor visit the property. If the homeowner knows the locations of the pins, the surveyor visit would be unnecessary if the adjacent property owner agrees to the property line. The last two sentences of this section could be revised as follows: 2. Application Requirements. Each application for a permit under this section shall be submitted to the Zoning Administrator on fonns provided by the City. Each such application shall include a site plan drawn to scale showing the location of house(s), garage(s), and other improvements on the lot and the location of the fencing to be erected, altered or relocated. A certificate of survey shall be required for all 2 33 of 53 9/22/15 City Council Packet fences (including hedges and plantings) to be constructed up to or on the property line, unless: a. Property stakes on the affected property lines are first located and marked by a licensed and registered Minnesota surveyor. b. Or, an agreement is reached between the property owners as to the accepted property line. Section 401.15.E.4 Fencing, Screen and Landscapine The current regulations limit the height of most fences to three feet, six feet, eight feet or ten feet in height. A standard fence picket or panel from the building supply store or the manufactured vinyl panels are exactly three, six, eight, or ten feet. Fences are often constructed such that the panel or pickets are two or more inches off the ground and the fence posts, sometimes with a decorative cap will also exceed the allowable height of an additional four inches above the panel. Changes in grade can also affect the height of a fixed fence panel. It is suggested that the following changes be made to the fence standards to address this issue: 4. Speck Fence Standards. The height of the fence shall be the distance from the adjacent finished grade to the highest projection of a fence structure or support post and shall be restricted according to the location as follows. a. Fences or walls located on or adjacent to any property line bordering a public road or street shall not exceed six (6) feet, eight (8) inches in height. However, in no case shall any shrub, hedge or fence bordering upon any street or sidewalk be constructed or allowed to grow to a height which could obstruct safe driving visibility at intersections. b. Fences or walls on or adjacent to the shore line of any navigable lake, channel or stream shall not exceed three (3) fee4 eight (8) inches in heighf. Fences or walls on or along that portion of a lot line from a navigable lake, channel or stream to the rear side of the average building construction line shall not exceed three (3) feet, eight(8) inches in height. C. Fences or walls on or within ten (10) feet or less from a common property line between two adjoining lots or parcels not owned by the same person, firm or corporation shall not exceed six (6) feet, eight(8) inches in height. The property owner shall provide written notification to adjoining property owners concurrent with the application for a building permit for a fence installation which is less than five (5) feet from a property line. Fences or walls shall be permitted except as prohibited in sub paragraphs b. and d. hereof. 3 34 of 53 9/22/15 City Council Packet d. Fences or patio walls not exceeding eight (8) feet, eight (8) inches in height may be constructed without restriction on the interior of any lot or parcel, providing no such fence or wall shall be closer than ten (10) feet to any common property line between adjoining lots not owned by the same person, firm or corporation (except as permitted under sub paragraph c. hereof), and provided further in the case of lakeshore lots, no such fence or wall shall be located so as to block or otherwise adversely interfere with an adjoining property owner's lake view. e. Open wire fences not exceeding ten (10) feet, eight(8) inches in height enclosing tennis courts, pools, and similar uses, shall be permitted without restriction. CONCLUSION The City Council should review the draft changes that have been made to the fence regulations and consider the Ordinance language recommended by the Planning Commission. City Staff has researched the fence regulations from Maplewood, Stillwater, Lake Elmo, Bayport, Oakdale, and Woodbury. Please find excerpts from each of the ordinances. 4 35 of 53 9/22/15 City Council Packet A RECOMMENDING RESOLUTION OF THE PLANNING COMMISSION CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY,MINNESOTA A RESOLUTION ESTABLISHING FINDINGS OF FACT AND RECOMMENDING TO THE CITY COUNCIL AN ORDINANCE AMENDMENT TO SECTION 401.02.11 DEFINITIONS AND SECTION 401.15.E, FENCING, SCREENING AND LANDSCAPING TO CLARIFY AND AMEND LANGUAGE AS TO SPECIFIC FENCE STANDARDS WHEREAS,City Staff requested that the Planning Commission consider an Ordinance amendment to allow changes to Section 401.02.B Definitions and Section 401.15.E,the Fencing, Screening and Landscaping of the Zoning Ordinance to clarify and amend language as to specific fence standards,the Planning Commission of Oak Park Heights makes the following findings of fact: 1. The definition of fence height includes specifications that should be included in the fence provisions, and not the definition; and 2. The application requirements need to be clarified relating to how the lot line is established between properties; and 3. The specific fence standards need to be clarified and updated. The problem that has been recognized is that the standard fence picket or panel from the building supply store or the manufactured vinyl panels are set exactly at three, six,eight or ten feet. The fence regulations specify a height from ground level to the top of the fence at not more than three, six,eight or ten feet. Fences are often constructed such that the panel or pickets are two or more inches off the ground and the fence posts, sometimes with a decorative cap will also exceed the allowable height of four inches above the panel; and 3. City Staff prepared draft Zoning Ordinance amendments which were reviewed and revised by the Planning Commission; and 4. The Planning Commission held a public hearing at their September 10, 2015 meeting,took comments from the public and recommended amendments to the Zoning Ordinance as found as follows; and 5. Section 401.023 Definitions, is recommended to be amended to read as follows: 36 of 53 9/22/15 City Council Packet 3.Fence,Height: The distance from the adjacent finished grade to the highest projection of a fence structure or support post. 6. Section 401.15.E.2 Fencing Screening and Landscaping is recommended to be amended to read as follows: 2. Application Requirements. Each application for a permit under this section shall be submitted to the Zoning Administrator on forms provided by the City. Each such application shall include a site plan drawn to scale showing the location of house(s),garage(s),and other improvements on the lot and the location of the fencing to be erected,altered or relocated. A Certificate of%urvev%hall he required for all fences(including hedges and plantings)to be constructed up to or on the property line,unless: a. Property stakes on the affected property lines are first located and marked by a licensed and registered Minnesota surveyor. b. ©r,an agreement is reached between the property owners as to the accepted property line. 7. Section 401.15.13.4 Fencing Screening and Landscaping is recommended to be amended to read as follows: 4. Specific Fence Standards. The height of the fence shall be the distance from the adjacent finished grade to the highest projection of a fence structure or support post and shall be restricted according to the location as follows: a. Fences or walls located on or adjacent to any property line bordering a public road or street shall not exceed six(6)feet, eight(8)inches in height. However,in no case shall any shrub,hedge or fence bordering upon any street or sidewalk be constructed or allowed to grow to a height which could obstruct safe driving visibility at intersections. b. Fences or walls on or adjacent to the shore line of any navigable lake, channel or stream shall not exceed three(3) feet,eight(8)inches in height. Fences or walls on or along that portion of a lot line from a navigable lake,channel or stream to the rear side of the average building construction line shall not exceed three(3)feet,eight(8) inches in height. C. Fences or walls on or within ten(10)feet or less from a common property line between two adjoining lots or parcels not owned by the same person,firm or corporation shall not exceed six(6) feet,eight(8) inches in height.The property owner shall provide written notification to adjoining property owners concurrent with the 2 37 of 53 9/22/15 City Council Packet application for a building permit for a fence installation which is less than five(5)feet from a property line.Fences or walls shall be permitted except as prohibited in sub-paragraphs b. and d.hereof. d. Fences or patio walls not exceeding eight(8)feet,eight(8)inches in height may be constructed without restriction on the interior of any lot or parcel,providing no such fence or wall shall be closer than ten (10)feet to any common property line between adjoining lots not owned by the same person,firm or corporation(except as permitted under sub-paragraph c.hereof),and provided further in the case of lakeshore lots,no such fence or wall shall be located so as to block or otherwise adversely interfere with an adjoining property owner's lake view. e. Open wire fences not exceeding ten(10)feet,eight(8)inches in height enclosing tennis courts,pools,and similar uses,shall be permitted without restriction. NOW,THEREFORE,BE IT RESOLVED BY THE PLANNING COMMISSION FOR THE CITY OF OAK PARK HEIGHTS THAT THE PLANNING COMMISSION RECOMMENDS THE FOLLOWING: A. The Zoning Ordinance is amended to clarify and revise Section 401.02.13 Definitions,and Section 401.15.13.2 Fencing Screening and Landscaping of the Zoning Ordinance as indicated above; and B. Copies of the recommended Zoning Ordinance amendment are on file at City Hall. Recommended by the Planning Commission of the City of Oak Park Heights this 10th day of September,2015. Jim Kremer, Chair ATTEST: Eric A.Johnson, City Administrator 3 38 of 53 9/22/15 City Council Packet CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA ORDINANCE NO. 2015- AN ORDINANCE AMENDING CHAPTER 401, ZONING ORDINANCE TO CLARIFY AND AMEND LANGUAGE AS TO SPECIFIC FENCE STANDARDS IN SECTION 401.02.13 DEFINITIONS AND 401.15.E, FENCING, SCREENING AND LANDSCAPING THE CITY COUNCIL OF OAK PARK HEIGHTS ORDAINS: SECTION 1. Section 401.02.6 Definitions, is amended to read as follows: 3. Fence, Height: The distance from the adjacent finished grade to the highest projection of a fence structure or support post. SECTION 2. Section 401.15.E.2 Fencing Screening and Landscaping is amended to read as follows: 2. Application Requirements. Each application for a permit under this section shall be submitted to the Zoning Administrator on forms provided by the City. Each such application shall include a site plan drawn to scale showing the location of house(s), garage(s), and other improvements on the lot and the location of the fencing to be erected, altered or relocated. A certificate of survey shall be required for all fences (including hedges and plantings) to be constructed up to or on the property line, unless: a. Property stakes on the affected property lines are first located and marked by a licensed and registered Minnesota surveyor. b. Or, an agreement is reached between the property owners as to the accepted property line. SECTION 3. Section 401.15.E.4 Fencing Screening and Landscaping is amended to read as follows: 4. Specific Fence Standards. The height of the fence shall be the distance from the adjacent finished grade to the highest projection of a fence structure or support post and shall be restricted according to the location as follows: a. Fences or walls located on or adjacent to any property line bordering a public road or street shall not exceed six(6)feet, eight (8) inches in height. However, in no case shall any shrub, hedge or 39 of 53 9/22/15 City Council Packet fence bordering upon any street or sidewalk be constructed or allowed to grow to a height which could obstruct safe driving visibility at intersections. b. Fences or walls on or adjacent to the shore line of any navigable lake, channel or stream shall not exceed three (3) feet, eight (8) inches in height. Fences or walls on or along that portion of a lot line from a navigable lake, channel or stream to the rear side of the average building construction line shall not exceed three (3) feet, eight (8) inches in height. C. Fences or walls on or within ten (10) feet or less from a common property line between two adjoining lots or parcels not owned by the same person, firm or corporation shall not exceed six (6)feet, eight (8) inches in height. The property owner shall provide written notification to adjoining property owners concurrent with the application for a building permit for a fence installation which is less than five (5) feet from a property line. Fences or walls shall be permitted except as prohibited in sub-paragraphs b. and d. hereof. d. Fences or patio walls not exceeding eight (8) feet, eight (8) inches in height may be constructed without restriction on the interior of any lot or parcel, providing no such fence or wall shall be closer than ten (10)feet to any common property line between adjoining lots not owned by the same person, firm or corporation (except as permitted under sub-paragraph c. hereof), and provided further in the case of lakeshore lots, no such fence or wall shall be located so as to block or otherwise adversely interfere with an adjoining property owner's lake view. e. Open wire fences not exceeding ten (10) feet, eight (8) inches in height enclosing tennis courts, pools, and similar uses, shall be permitted without restriction. SECTION 4. The Planning Commission of the City of Oak Park Heights held a public hearing at their September 10, 2015 meeting, took comments from the public, and recommended that the City Council approve the amendments as provided in this Ordinance. SECTION 5. This Ordinance shall be in full force and effect upon its passage and publication. PASSED this 22 t day of September, 2015 by the City Council of the City of Oak Park Heights. 40 of 53 9/22/15 City Council Packet CITY OF OAK PARK HEIGHTS Mary McComber, Mayor ATTEST: Eric A. Johnson, City Administrator 41 of 53 9/22/15 City Council Packet ra i THIS PAGE LEFT INTENTIONALLY BANK. 42 of 53 9/22/15 City Council Packet Oak Park Heights Request for Council Action Meeting Date: 09-22-2015 Time Required: 5 minutes Agenda Item Title: Approval of Body Worn Cameras Agenda Placement: New Business Originating Department/Requestor: Oak Park Heights Police Dept., Chief Brian DeRosier Requester's Signature Action Requested: Approve Body Worn Camera Purchase, and Master Fee Schedule Addition Background/Justification: In an effort to continue our progressive and professional services to the community of OPH, I am recommending implementation of Body Worn Cameras in the police department. Cameras have been in use by law enforcement for decades with in car video systems. The civilian world is filled with personal cameras and video recorders all being used to present part of the story in police encounters. Currently there are estimated 40 police departments in MN using this equipment with many, many, more in the process of review and implementation. Implementation of BWC's used by the police provides the opportunity to present a fair and impartial documentation of events promoting relationships between the police and the community. The technology I implemented in the department with the in car video systems in 2008 has been a useful tool for evidence documentation, officer safety, complaint resolution, and court prosecution. The implementation of BWC's is the next step using this technology. The technology has shown to be a huge benefit to law enforcement and the communities we serve. Recent talk of legislative action to address the data rules should only be an improvement. I wrote policy on the use of BWC's for the department. This policy was developed and written after researching other agencies policy, LMC Model Policy, use of force incident research documentation, and best practices from sources such as LMC, MN Chiefs Assoc., DOJ COPS, and the International Chiefs Assoc. The policy I wrote provides protection, guidance, and direction to officers and the department. A procedure on specifics of the "mechanical" use will be written after we receive the equipment and have trained with the manufacture on the equipment and software. The policy has been presented to our police officers union and accepted by them. Our officers see the benefit of cameras to protect them and help document incidents. City administration and legal counsel have reviewed the policy. Copy of that policy is attached for your information. 43 of 53 9/22/15 City Council Packet I also recommend an addition to the Master Fee Schedule of the city. This addition addresses the cost associated with gathering, reviewing, redaction, and releasing the data. The fee recommended is that data requests for In Car Video or BWC's be charged "Burden Whole Actual Cost to include full hourly wage and benefits of staff time and direct costs for materials. See attachment. Funding of the cameras and storage system will be at no direct cost to tax payers from the annual budget. A very generous donation already accepted by council was received from a private family living here in OPH who realize the benefits to our officers and the department in the use of these cameras. The remainder of the cost for purchase is to come from the Drug and DWI Forfeiture fund. I recommend purchasing the Watchguard brand BWC system to include 3 cameras, independent server storage, server software, and training. This system has been reviewed along with other brands currently in the market place. I feel this system will best fit our needs today and into the future. I polled other agencies on equipment they have or have tried along with the review of our needs and numerous manufacture options and recommend this system. This system will sister with our current Watchguard In Car Video and is expected by the manufacture to "integrate" together with the next generation of Watchguard In Car Video. The manufacturer has provided a quote for equipment and training. I recommend approval of purchase of the equipment as quoted. See attachment. 44 of 53 9/22/15 City Council Packet Oak Park Heights Police Department Policy Manual Re:Body worn Cameras Effective Date: Revision Dates: Policy#4900 The Oak Park Heights Police Department strives to provide professional law enforcement services to the citizens of Oak Park Heights. The use of technology in today's society has become the norm and is often times an expectation. Body Worn Cameras are a readily available technology and provide a platform for recording and documentation of evidence and details of an incident that officers respond to. This information can allow officers to complete more accurate reports,document evidence, better court testimony, protection of officers against conduct complaints, provide documentation for investigation of citizen complaints.The BWC is an extension of technology already in place and used by the department with In Car Video systems. This policy is intended to provide officers with the instructions on when and how to use body-worn cameras (BWC)so that officers may reliably record their contacts with the public. This policy is written with the understanding BWC's are another tool for officers and the department to capture the conduct of persons and other evidentiary elements during an incident. This policy reflects a balance between the desire to establish the exacting and detailed requirements of police work and the reality that officers face attending to their duties with the safety of all concerned,often in circumstances that are tense,uncertain,and rapidly evolving.The devices are not without limitations and some of these limitations deserve special notation as part of this policy. These limitations have been documented in the industry from past recorded incidents and testing. When video captured is analyzed after the fact and without the immediacy,stress of the event,and many other factors that may impact an officer's perception of the situation it may not evoke similar responses in the viewer. 1. A camera mounted to a person does not follow the eyes of the officer,or see as the officer sees. Cameras may see in better or worse detail than the officer,the camera may be limited in peripheral view,and other anomalies associated with video and photography. 2. Some tactile clues cannot be recorded visually. Officers may feel a suspect tense up and or start to pull away while being arrested. A suspect bringing his hands up may appear to be surrendering on camera but that may not be perceived by an officer on scene who is taking into consideration all elements at hand and may actually feel and appear as if the subject is preparing to fight the officer. 3. Camera speed is different than real life observation. Cameras may miss some details or other details may be seen by the camera that could not or were not seen by the officer. Lighting,camera recording speed,and other circumstances may affect what is recorded or not recorded. 45 of 53 9/22/15 City Council Packet 4. Cameras record in 2D. Depth perception is perceived by human eye. Multiple cameras at different angles may capture an incident in what appears to be vastly different details or circumstances. A single camera may present images that appear to be farther away or closer than they really are. S. Time stamping may or may not be accurate or coincide with other data. 6. Camera footage can encourage second guessing of officer perceptions and impressions of an event by uninformed persons while in calm and comfortable conditions and not being subjected to the event at real life speeds that the officer involved in the incident was subjected to. 7. Not all audio may be captured. The microphone may be covered,the sound may be too loud,soft, or of a pitch that is not captured. POLICY It is the policy of this department that officers should attempt to activate the BWC when such use is appropriate to the performance of his or her official duties and where recordings are consistent with policy and law. This policy does not govern the use of surreptitious recording used in authorized undercover operations. The Chief of Police or their designee may supersede this policy by providing specific instructions for the use of BWC's to individual officers,or providing instruction pertaining to certain events or classes of events. OBJECTIVES 1. BWC's record details of an event and serve to aid the officer in recalling details of an event and provide evidence in court. 2. The recordings enhance the agency's ability to review incidents,officer and subject interactions, and document evidence for court or resolution of complaints. 3. BWC's may also be useful in documenting crime and accident scenes or other events such as confiscation of property,documentation of evidence or contraband at a scene. HOW and WHEN CAMERAS SHOULD BE USED 1. Officers should activate BWC's to record all contacts with adversarial citizens in the performance of their duties or contacts and events that the officer would reasonably expect an arrest, citation,need for documentation of physical evidence,documentation of suspect actions and statements,witness statements or victim statements especially those that show emotion or state of mind at time of incident. 2. If reasonable and not a safety or tactical consideration the officer will inform subjects that directly and clearly request to know if they are being recorded,and if the officer is in a location the subject would otherwise have an expectation of privacy if the officer where not there. This would include inside a private residence. 3. Officers should record the entire event until the officer has cleared the scene,subject has been turned over to jail staff,or the officer is otherwise not engaging persons. Lapses in recordings 46 of 53 9/22/15 City Council Packet will be documented in the officer's report. Suspects secured in a squad with the in car video system running are considered to be recorded for the nurnose of this nolicv. Dual recording with BWC and In Car Video is not required-Le.during transport,while waiting and performing vehicle tow operations,etc. 4. Supervisory personnel within the OPH PD may,after taking charge of incident,direct personnel to discontinue ongoing recordings when further recording is unlikely to capture further evidentiary information. 5. Audio should only be turned off temporarily if the officer is in need of confidentially conferring with another officer,anon complainant,or other documented situation. Officers will document in their report as to why there were any lapses in recording. Offices should momentarily block the functions of the camera to capture audio or video in these situations if possible rather then turning the BWC off to avoid creating multiple files for an event. 6. Officers will follow other operating procedures separately outlined in procedure manual about marking video clips,storage,equipment handling,and other operational issues respective of the equipment. USE and OPERATION 1. BWC's are issued primarily to uniformed officers, however plain clothes officers or investigators may also use BWC's. 2. Only BWC's issued and approved by this department will be worn by Officers. Officers assigned to a SWAT team will be considered to have been issued an approved device if issued or assigned by SWAT command during SWAT operations. 3. BWC's are property of the department and all data captured by the device is property of the department. 4. Personnel will complete training prior to the use of BWC's. Personnel will be retrained or provided documentation if operation of the BWC's is changed by update or change of equipment. 5. BWCs will be the responsibility of the officer wearing a BWC to care for and ensure proper operation of the unit. Equipment malfunctions shall be brought to the attention of administrative personnel or other assigned person. Officers will use equipment malfunction reports describing the malfunction and circumstances surrounding the cause if known. 6. Officers will test BWC's at the start of and at the conclusion of each shift. 7. Officers will not edit,alter,erase,duplicate,share,or otherwise distribute in any manner BWC recordings without prior approval of the Chief of Police or Chief's designee. 8. Officers should inform supervisors of recordings that may be of training value, community outreach,or other value to the department other than those specifically saved for evidentiary value. 9. Officers will be allowed to review recordings prior to providing a statement,completing reports, and in a serious use of force event. This allows the officer to refresh their memory and provide a more detailed and accurate statement or report. 47 of 53 9/22/15 City Council Packet 10. The department does reserve the right to limit or restrict viewing of recordings as allowed for investigation and in conformance with data practice law. 11. Requests for deletion of recordings(e.g., in the event of mistakenly recording a personal event) shall be submitted to the Chief of Police or their designee. The CLEO or their designee will review the request and determine if the event will be deleted or retained. All requests approved or denied will be kept on file. 12. Officers shall note in their report,all incidents in which a BWC was activated during arrest,use of force incidents,or other evidentiary incidents. 13. As allowable by type of equipment being used,all files will be"tagged"with the ICR number, Officer#, Date,and Time associated with the event. Any event not having an ICR number associated will be identified by Officer#,Date,Time. RESTRICTIONS and PROHIBITED USE 1. BWC's should only be used to document law enforcement related events as previously described,or events in the public view that may be of public outreach value or other noncriminal purposes. Our intent is not documenting daily activity of citizens or employees not related to law enforcement purposes or activity which is not of other value as a specific police related incident. 2. BWC shall not generally be used to record other police personnel involved in routine non- enforcement daily activity without approval of the CLEO. 3. BWC will not be used in the police department outside of the interview rooms, unless there is a specific incident inside the department requiring police response,or for training purposes. 4. BWC shall not generally be used to record interaction with undercover officers or confidential informants. 5. BWC's should not be used during breaks or other personal activity of the officer. 6. BWC's should not be used in an area or location open to the public,or a private location, having other persons not involved or unaware of the call for service,who would normally have a higher reasonable expectation of privacy"Le locker room of fitness club", unless the officer is specifically there for a reported law enforcement activity and the officer feels the need to record the situation outweighs the consideration for privacy. 7. If a recording captured nudity the officer shall notify the Chief of Police of the recording so it may be flagged and only specific articulated viewing for evidence allowed or destroyed if not needed for evidence. 8. Body worn cameras will not be used in hospital or medical settings,unless specifically responding to a request for police and the officer feels recording the situation provides evidentiary value. This will be documented by the officer in their report 9. Medical response/assistance calls will not normally be recorded unless it is believed the recording would provide evidentiary value. 10. BWC will not be used for routine contact with citizens such as lockouts, public assistance, questions or other generalized incidents or contacts. 48 of 53 9/22/15 City Council Packet 11. Officers responding to persons with possible mental health crisis that may require the officer to use force or provide other evidentiary value should record the event, but not merely to record symptoms or behavior. 12. Officers will not record interactions with Magistrates or other Court proceeding, unless responding to an incident in the courts. 13. Officers will not intentionally block the audio or visual functions of the BWC to defeat the purpose of this policy. Officers may however momentarily block the functions when needed to confer with other officers or other administrative actions away from contact with citizens in lieu of stopping and starting the recording creating multiple files documenting such actions in their report. STORAGE 1. All files shall be securely downloaded periodically during the officer's shift if needed to create additional space and no later than the end of the officer's daily shift. 2. Officers will be able to review video captured by them at any reasonable time. 3. All images and data are exclusive property of this department. Accessing,copying, or releasing of files shall be by designated personnel only. Release will be approved by the Chief of Police or their designee only. 4. Files will be securely stored in accordance with state records retention rule and no longer than useful for purposes of evidentiary value,investigation,training,department use,or community outreach use. 5. Files kept as evidence will be kept secure until criminal prosecution and appeal processes have been completed,or as required for evidentiary retention. 6. Investigative files will be kept as needed until the investigation is complete without prosecution or there is no longer reasonable expectation of solving the case and the statute of limitations has expired,then the file may be flagged for 30 day destruction. 7. BWC capturing events involving death or great bodily harm will be kept perpetually. 8. Files not being retained for evidence,investigation,or departmental use will be destroyed after 30 days. This destruction will normally be completed once a month.This provides time for complaints or other concerns to be brought forward before the data is destroyed that may provide details of the event in question. Prior to destruction,the Chief of Police will be provided a listing of the number of recordings being destroyed,date of destruction,and the date range of the recordings(i.e. 25 recordings between the dates of Jan 1,2015 to Jan 30,2015 erased on 03-01-2015. This record will be maintained. 9. If not previously addressed or as required, recordings will be processed under current MGDPA rules or temporary ruling by the MN Commissioner of Administration or another charged with those duties. 10. Destruction unless previously addressed will be done in accordance with current MN data retention rules. 49 of 53 9/22/15 City Council Packet 11. Nothing in this policy limits or prohibits the use of BWC data as evidence of misconduct or as a basis for discipline by the department. Release of Video/Data 12. All recordings will be released as required by MN Data practice law. 13. Files part of an incident resulting in criminal prosecution will be considered to be under investigation until the disposition of the case and the period of appeal having lapsed. 14. Other than as required by law for subjects of the data or in conformance with criminal prosecution disclosure rules;all requests for video/data will be charged actual costs of employee time for retrieval, redaction review and redaction, processing,and data storage media. 15. The Chief of Police or their designee will be responsible for data release. 16. Requestors will provide ALL the expected cost for the data processing and copying requested at the time the request is made. Payment will be made prior to the processing or receiving the data. Any overage will be returned by city finance department in accordance with their processing rules. 50 of 53 9/22/15 City Council Packet Re: Master Fee Schedule Addendum—Police Video and Audio recordings Category—Miscellaneous Police Video and Audio Recording= Burden Fee of Actual Employee Cost for Review, Redaction, Copying, and Materials for each individual file. Estimated fee due at time of request with a $50.00 minimum. Excess from deposit returned if applicable. 51 of 53 9/22/15 City Council Packet - ■ CAMERA QUOTE I M I G I T A L IN -7—CAR V I D E O 415 Century Parkway,Allen,TX 75013 (972)423-9777 Fax: (972)423-9778 National Toll-Free 1-800-605-MPEG(6734) www.watchguardvideo.com Quote#: QUO-24441-G2R2 Rev #: 0 Oak Park Heights Police Department Quote Valid From: 9/10/2015 To: 11/30/2015 Attn:Chief Brian DeRosier Quote Presented By: Steve Doble PO Box 2007,Oal:Park Hts,MN,55082-3007 Presenter Contact: SDoble @WatchGuardVideo.com 651-439-4723 551-439-3G_?y 30 days UPS Ground Net 30 Part Number Description 1 HDW-4RE-SRV-002 Server,4RE,Tower,1-5 Concurrent Cars,8TB,Win7,Keyboard,Monitor,Mouse $3,840.00 1 $3,840.00 2 KEY-ELB-SRV-300 Evidence Library 3 Server Software License Key $1,000.00 1 $1,000.00 3 VIS-CAM-EXT-002 VISTA HD,Extended Version,Wearable Camera $895.00 3 $2,685.00 4 SVC-4RE-RMT-410 4RE Remote System Setup,Configuration,Testing and Admin Training $750.00 1 $750.00 5 SVC-4RE-BRG-000 SW/Install/Config.of Bridge App.for existing EL cust.per machine(WG-TS) $350.00 1 $350.00 6 SFW-ELB-VIS-1ST Software Protection,Evidence Library,VISTA 1st Year(Months 1-12) $150.00 3 $450.00 7 VIS-CHG-BSE-KIT VISTA Charging Base Kit,Ind.Power and USB Cables Included 3 Included 8 WAR-VIS-CAM-1ST Warranty,VISTA 1st Year(Months 1-12)Included Included 3 Included 9 SFW-ELX-VWR ELX3 Viewer Software Installation Disc w/Case and Document Included 1 Included 10 VIS-MNT-KIT-001 VISTA HD,Locking Magnetic Chest Mount(Without Straps)-KIT1 Included 3 Included 11 SFW-ELX-KIT-300 Software Installation Disc,4RE Evidence Library Express3,w/Case and Document Included 1 Included 12 WGS00150 Elecard Codec License Included 1 Included 13 SFW-SQL-SRV-101 Software,SQL Server 2008 R2,w/1 CAL Included 1 Included 14 KEY-ELB-CLI-300 Evidence Library 3 Client Software License Key,Included Included 1 Included Comments: e • $9,075.00 •• 250.00 $9,325.00 1 of 1 52 of 53 9/22/15 City Council Packet S. Oak Park Heights Request for Council Action Meeting Date: 09-22-2015 Time Required: I minute Agenda Item Title:Approval hiring process and candidate list for Police Officer Agenda Placement:New Business Originating Department/Requestor: Oak Park Heights Police Dept.,Chief Brian DeRosier Requester's Signature Action Requested: Approval hiring process and candidate list for Police Officer Background/Justification: The police department is expecting the retirement of one officer in Feb. 2016. This will leave the department short staffed. With this expected retirement I am requesting the approval to start a hiring process. This would essentially be the same process I have developed and used previously.The process would include advertising the position,accepting of applications,scoring of applications to reduce the numbers and create an interview list,conducting interviews. Interviews are expected to consist of initial interviews with a panel,an interview with a council representative and city administration,and finally a Chiefs interview. Each interview narrowing the field. The hiring of a quality police officer candidate is a lengthy process which can take 6 months or longer from the time of advertising to reducing the applicants down to background investigations and finally presenting a final applicant to council for approval. This is not a request to hire a candidate. This is merely starting the process to select a candidate to present to council. 53 of 53 9/22/15 City Council Packet