HomeMy WebLinkAbout02-25-2020 Council Packet CITY OF OAK PARK HEIGHTS
TUESDAY, FEBRUARY 25, 2020
CITY COUNCIL MEETING AGENDA
5:00 PM AT CITY HALL
5:00 p.m. L Call to Order/Pledge of Allegiance/Approval of Agenda
Estimated
times
5:00 p.m. IL Council/Staff Reports
A. Mayor McComber
B. Councilmember Dougherty
C. Councilmember Johnson
D. Councilmember Liljegren
E. Councilmember Runk
F. Staff
• Recycling Award(pg. 3)
5:05 p.m. III. Visitors/Public Comment
This is an opportunity for the public to address the Council with questions or concerns on issues not part of the regular agenda(Please
limit comments to 3 minutes in length).
5:10 p.m. IV. Consent Agenda(Roll Call Vote)
A. Approve Bills & Investments
B. Approve City Council Worksession Notes—January 28, 2020 (pg. 7)
C. Approve City Council Minutes—January 28, 2020 (pg. 9)
D. Approve Resolution Granting the Application of Stillwater Area Fastpitch
Association to Conduct a One-Day Raffle at Stillwater Area High School on May
6, 2020 (pg. 17)
E. Approve License for Sale/Storage of Fireworks at Menards 93129 (pg. 21)
F. Approve Model Resolution Supporting Infrastructure Accountability (pg. 23)
G. Approve the Labor Agreements with Police—LELS, Supervisors-Teamsters and
AFSCME (pg. 29)
H. Approve Salary Adjustment for Exempt Employees (pg. 101)
I. Approve Code Red Joint Powers Agreement with Washington County Sheriff's
Office for 2020 —2022 (pg. 103)
J. Approve Summer Park Programming for 2020 —Position and Events (pg. 111)
K. Approve JPA for Fuel Contract 2020 (pg. 121)
L. Approve Palmer Station Stormwater Management Declaration& Easement
Agreement(pg. 127)
M. Approve Resolution for Final Funding of the Comprehensive Plan (pg. 151)
N. Approve Resolution for the 2019 Budget Requiring Fund Balance Allocations (pg.
153)
5:10 p.m. V. Public Hearings
5:10 p.m. VI. Old Business
A. 2020 Street Improvements —Award Bid (pg. 157)
Please mute or silence any cell phones,computers or other devices during meeting—Thank You.
Page 1 of 230
Agenda
February 25,2020
Page 2
5:15 p.m. VII. New Business
A. Fury Jeep—Interim Use Permit Automotive Storage and Sales 14702 601h Street N
(pg. 165)
B. Chief of Police—Possible Retirement and Hiring Process (pg. 197)
C. Comprehensive Plan—2018 Update/Adoption (pg. 199)
D. Allen S. King Plant Decommissioning and Reuse Advisory Panel (pg. 223)
E. Waste Receptacles Curbside After Pickup Day (pg. 229)
5:55 p.m. VIII. Other Council Items or Announcements
5:55 p.m. X. Adjournment
Page 2 of 230
�P-
Oak Park Heights
Request for Council Action
Meeting Date February 25, 2020
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.
Page 3 of 230
City Of
_Oak Park Heights
14168 Oak Park Blvd.N.Oak Park Heights,MN 55082.phone(651)439-4439.Fax(651)439-0574
February 14, 2020
Jerid Gardner
5311 O'Brien Ave North
Oak Park Heights, MN 55082
Dear Mr. Gardner:
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, February 13, 2020, to determine if you
had your recycling bin out with your regular garbage. Your recycling was out and
ready for collection; therefore, you are one of this month's winners. Please contact
me via phone at 439-4439 or email at jpinski@cityofoakparkheights.com to let me
know your choice of award.
On behalf of the Oak Park Heights City Council, thank you for participating in the
City's recycling program.
Congratulations!
Jen er Pinsk!
City Clerk
TREE CITY U.S.A.
Page 4 of 230
City Of
Oak Park Heights
14168 Oak Park Blvd.N•Oak Park Heights,MN 55082.Phone(651)439-0439•Fax(651)439-0574
February 14, 2020
Thomas Brechtel
14075 Upper 54th Street North
Oak Park Heights, MN 55082
Dear Mr. Brechtel:
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, February 13, 2020, to determine if you
had your recycling bin out with your regular garbage. Your recycling was out and
ready for collection; therefore, you are one of this month's winners. Please contact
me via phone at 439-4439 or email at jpinski@cityofoakparkheights.com to let me
know your choice of award.
On behalf of the Oak Park Heights City Council, thank you for participating in the
City's recycling program.
Con ratulations!
Jen fifer Pinski
City Clerk
TREE CITY U.S.A.
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Oak Park Heights
Request for Council Action
Meeting Date February 25, 2020
Agenda Item Approve City Council Worksession Notes—January 28, 2020
Time Req. 0
Agenda Placement Consent
Originating Department/Requestor Administration/Jennifer Pinski
Requester's Signature
Action Requested Approve
Background/Justification(Please indicate any previous action has been taken or if other public
bodies have been advised).
See attached.
Page 7 of 230
a!
CITY OF OAK PARK HEIGHTS
CITY COUNCIL WORKSESSION NOTES
TUESDAY,JANUARY 28,2020
Present: Mayor McComber, Councilmembers Dougherty, Johnson, Liljegren, and Runk; City
Administrator Johnson, City Attorney Sandstrom,Police Chief DeRosier, Finance Director Caruso,and
City Clerk Pinski. Absent:None.
1. Call to Order: Mayor McComber called the meeting to order at 5:30 p.m.
2. Appropriation of City Resources for Medical Responses Discussion: City Administrator
Johnson provided a presentation on the 2020 fire department budget. He showed what happened
to the City's fair share portion with decreased tax capacity and what happened if the number of
fire department runs were reduced. City Attorney Sandstrom provided opinions on two questions
he had been asked: The first question was whether the City should meet with the Bayport City
Council. He said that may cause more risk than benefit and could be a potential legal debate. The
second question was whether there was a liability in adopting the proposed policy.He said he did
not see that there was any additional liability with the policy. He said the policy was cutting down
on the redundancy of responses,not the level of service. Mayor McComber said she asked
LMCIT that question, and they were going to review it.
Chief DeRosier gave the annual report for emergency response. He said he had only one update,
and that was that the National Weather Service issued the flood report.
No action was taken.
3. Adjourn: The meeting was adjourned at 5:59 p.m.
Page 8 of 230
Oak Park Heights
Request for Council Action
Meeting Date February 25, 2020
Agenda Item Approve City Council Minutes—January 28, 2020
Time Req. 0
Agenda Placement Consent
Originating Department/Requestor. A stration/Jennifer Pinski
Requester's Signature ( Gu(
Action Requested Approve
Background/Justification(Please indicate any previous action has been taken or if other public
bodies have been advised).
See attached.
Page 9 of 230
CITY OF OAK PARK HEIGHTS
TUESDAY, JANUARY 28, 2020
CITY COUNCIL MEETING MINUTES
I. Call to Order/Pledge of Allegiance/Aoaroval of Agenda: Mayor McComber
called the meeting to order at 6:04 p.m. Present: Councilmembers Dougherty,
Johnson, Liijegren and Runk. Staff present: City Administrator Johnson,Police
Chief DeRosier, City Clerk Pinski, City Attorney Kevin Sandstrom, and City
Engineer Mann. Absent: City Planner Richards.
Mayor McComber added"Approve Mayor to Send Letter to Governor Walz"to
Consent Agenda as Item J.
Councilmember Dougherty, seconded by Councilmember Liljegren,moved to
approve the Agenda. Carried 5-0.
II. Council/Staff Resorts:
A. Mayor McComber: She reported she attended a Ribbon Cutting at Panera
Bread on January 15,the Minnesota Mayors Association meeting,the
League of Minnesota Cities Board of Directors meeting on January 16, a
conference call for the National League of Cities Transportation
Committee, the Minnesota Association of Small Cities board meeting on
January 23,the Advanced Elected Officials Training on January 24 and
25, and a meeting with Warden Titus on the correctional facilities strategic
plan. She reported the Senate Bonding Tour would be stopping at City
Hall on January 29, and she would be participating in a conference call
with the Center for Energy and Environment on January 30.
B. Councilmember Dougherty: He reported the Cable Commission met on
January 27, finalized the 2020 budget, and discussed ways to increase
revenues.
C. Councilmember Johnson: She reported she attended the Parks and Trails
Commission meeting on January 27 and the Experienced Elected Officials
Training. She also reported she was a guest on the most recent episode of
the League of Minnesota Cities podcast.
D. Councilmember Liljegren:No report.
E. Councilmember Runk: He reported he also attended the Experienced
Elected Officials Training.
F. Staff.- Jim Kremer, of 5475 Oakgreen Place North,the Joint Airport
Zoning Board alternate,reported that he attended the public hearing on
January 23 for feedback on the proposed zoning pattern change. He said
most of the feedback that was received was from West Lakeland and the
concerns were with a road change due to expansion which had nothing to
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City Council Meeting Minutes
January 28,2020
Page 2 of 6
do with the zoning. He said the road change was a decision made at
another level. He reported the public comment period was open through
February 7,2020.
City Clerk Pinski reported that Vanessa and Terry Sabelko of 5420
Ojibway Avenue North were chosen as the recycling award winners.
III. Visitors/Public Comment:None
IV. Consent Agenda:
A. Approve Bills &Investments
B. Approve City Council Worksession Notes—January 14,2020
C. Approve City Council Minutes—January 14,2020
D. Adopt Resolution Approving a Gambling Premises Permit Application
made by Ducks Unlimited St. Croix Valley Chapter for Gambling Activity
at Heights Hall and Club
E. Approve and Appoint Election Judges for 2020 Presidential Nominating
Primary
F. Approve Designation of the Finance Director as the Business
Administrator for Electronic Funds Transfers
G. Approve Continuation of Vegetation Management for 2020 with
Minnesota Native Landscapes, Inc. for Prairie Restoration Areas
H. Approve Resolution Adopting the Leading Together Cities Agenda in
Your Community
I. Accept Donation to OPH PD Community Outreach Fund
J. Approve Mayor to Send a Letter to Governor Walz
Councilmember Runk, seconded by Councilmember Dougherty,moved to
approve the Consent Agenda. Roll call vote taken. Carried 5-0.
V. Public Hearings:None
VI. Old Business:
A. Appropriation of City Resources for Medical Responses: Councilmember
Runk provided a background on why the proposed policy was drafted. He
said the Fire Chief came to the Oak Park Heights City Council in 2018,
and at that time they were experiencing burnout. He said that as a postal
delivery person to Oak Park Senior Living and Boutwells, he saw many
times where it wasn't necessary for the Fire Department to be there for
emergency response calls. He reported the Oak Park Heights Police
Department's officers were trained first responders and all squad cars were
equipped with first aid and emergency equipment such as oxygen and
AEDs. He said the City Council requested the Police Department provide
information, and they reached out to Lakeview EMS and Washington
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City Council Meeting Minutes
January 28, 2020
Page 3 of 6
County Dispatch, as well as recorded their own data from July through
September on emergency response calls. Runk said that the data was
shared with the Bayport Fire Department, Lakeview EMS, and
Washington County Dispatch.
Councilmember Runk, seconded by Councilmember Liljegren,moved to
adopt the proposed policy.
Susan St. Ores, Mayor of Bayport, reported that the City of Bayport's
position was that the proposed changes to the emergency response policy
would result in a severe reduction of service to Oak Park Heights
residents. She said they had proposed that call responses be modified for
specific addresses—senior care facilities—and that was rejected by Oak
Park Heights staff. St. Ores proposed the City Council consider a series of
meetings starting with the joint worksession scheduled for February 18,
then open it to public input.
Councilmember Runk responded that the policy would not put the
community at risk, and the City had asked for input from Bayport and
have not seen anything in writing. He said the process had been going on
for almost a year, and the proposed policy was not a sudden decision. He
said the process was already being used in the Cities of Hugo and
Newport. Runk reported that Lakeview EMS had reviewed the policy and
they were comfortable with it. He said meeting with Bayport City Council
was not the appropriate method, as the City of Oak Park Heights was a
customer of the Bayport Fire Department.
Councilmember Dougherty added that the policy was a six-month trial,
and he would also ask staff to monitor and work with Bayport staff and
other players. He said the City should move forward with it.
Joe Buckley, 5860 Oldfield Avenue North, came forward and said that
according to records, Oak Park Heights Police Officers were not certified
first responders. He also said he felt the process wasn't publicized.
Nate Wagner, 14221 55a' Street North, said he felt the City was risking
lives because of a delay if the Police Department was called out and they
have to then call the Fire Department. He felt the problem with leaving
callouts to dispatch was that the dispatcher only had whatever information
the caller provided when classifying calls.
Jim Kremer, 5475 Oakgreen Place North, said his home backed up to
Oakgreen Avenue, so he often saw the Police Department and Lakeview
EMS responding to calls, and then the Bayport Fire Department
responding a short time later,then soon after the Fire Department vehicle
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City Council Meeting Minutes
January 28,2020
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was leaving the scene. He also said that while out walking by Boutwells,
he often saw the Fire Department arrive having sometimes not even gotten
out of the vehicle because the Police Department and/or Lakeview had
already handled the situation. He also said the information had been
public, and he was able to see the statistics and data. He said it made sense
to not send people on calls that they were not needed.
Mary Buckley, 5860 Oldfield Avenue North, said she had parents at Oak
Park Senior Living and was concerned about their safety because their
medical response was changing.
Police Chief DeRosier reported that there had been considerable
disinformation expressed by the public at the meeting. He said the Oak
Park Heights Police Officers were certified first responders through
Lakeview EMS overseen by the Regions Hospital Director. He said all
major medical calls, such as heart attacks, strokes, and car accidents with
injuries,were still having all parties dispatched under the new policy. He
said the policy was meant to narrow calls to reduce responses for minor
medical issues, such as calls for not feeling well.
Christian, 5685 Newberry Avenue North, a senior at Stillwater Area High
School, said he felt the City Council could have done more to notify the
public.
Councilmember Runk said the City Council was not trying to endanger the
public,that they were trying to do the best they could for the public. He
said the City made the decision to have portable defibrillators in the squad
cars; Stillwater did not, and he did not believe Bayport does.
Councilmember Runk called the question.
Councilmember Johnson said the City Council cared about the residents,
and she was thankful that the Police Department were first responders.
Councilmember Johnson called the question.
Vote taken on Motion. Carried 4-1,McComber opposed.
VII. New Business:
A. Policies Relating to the Allen S. King Plant Decommissioning and Reuse
Advisory Panel—Apbointments and Roles: Mayor McComber suggested
that the railroad be included in the panel invitation list and that the panel
should consist of no more than 24 people. Councilmember Dougherty
added that there should be no elected officials on the panel.
Councilmember Runk suggested adding the Sierra Club to the panel
Page 13 of 230
City Council Meeting Minutes
January 28, 2020
Page 5 of 6
invitation list. McComber suggested also the Center for Environmental
Advocacy. She said the organizations could appoint an alternate,but the
appointee should be able to attend all meetings throughout the entire
process.
Councilmember Lilj egren, seconded by Councilmember Dougherty,
moved to approve the advisory panel appointments and roles with the
suggested changes. Carried 5-0.
B. Pollinator Garden Micro-Grant Proms : Councilmember Johnson
reported that she was approached by a resident about a possible grant
program. Mary Turnberg, 5531 Oakgreen Place North,was present at the
meeting and said she heard of the State of Minnesota offering grants to
establish pollinator gardens. She said she thought it would be good for
individual residents to have the opportunity to apply for grants for their
yards.
Councilmember Johnson, seconded by Councilmember Dougherty,moved
to approve a micro-grant program. Carried 5-0.
C. Pay Equity Compliance—2020: City Administrator Johnson reported that
the City was required to submit a pay equity report every three years. He
said the City met all requirements for pay equity.
Councilmember Runk, seconded by Councilmember Liljegren,moved to
approve the report and submit to the State of Minnesota. Carried 5-0.
VIII. Closed Session
City Attorney Sandstrom reported that the City Council would go into a closed
session on two items: the proposed potential acquisition described as the far end
of the parking lot of the retail development containing Kohl's, Michaels, T.J.
Maxx, and Pier 1; and for a discussion on labor negotiations.
Councilmember Liljegren, seconded by Councilmember Johnson,moved to close
the meeting at 7:07 p.m. Mayor McComber reopened the meeting at 7:43 p.m.
City Attorney Sandstrom provided the following summary:
A. Discussion on Land Acguisition for Backage Road Project(closed
pursuant to MN Stat 13d.05, Subd. 3(c)(3)): The City Council reviewed
information from City staff.No action was taken.
B. Labor Negotiations (closed pursuant to MN Stat 13d.03): The City
Council received an update from City Administrator Johnson and provided
feedback.No action was taken.
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City Council Meeting Minutes
January 28, 2020
Page 6 of 6
IX. Other Council Items or Announcements: Councilmember Dougherty, seconded
by Councilmember Liljegren,moved to cancel the joint worksession set for
February 18 with the City of Bayport. Carried 5-0.
X. Adiourn: Councilmember Liljegren, seconded by Councilmember Johnson,
moved to adjourn at 7:44 p.m. Carried 5-0.
Respectfully submitted, Approved as to Content and Form,
Jennifer Pinski Mary McComber
City Clerk Mayor
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Oak Park Heights
Request for Council Action
Meeting Date September 24, 2019
Agenda Item Approve Resolution Granting the Application of Stillwater Area Fastpitch
Association to Conduct a One-Day Raffle at Stillwater Area High School on May 6,2020
Time Req. 0
Agenda Placement Consent
Originating Department/Requestor Administration/Jennifer Pinski
Requester's Signature
Action Requested Approve
Background/Justification(Please indicate any previous action has been taken or if other public
bodies have been advised).
See attached.
Page 17 of 230
RESOLUTION 20-02-08
CITY OF OAK PARK HEIGHTS
WASHINGTON COUNTY,MINNESOTA
RESOLUTION GRANTING THE APPLICATION OF
STILLWATER AREA FASTPITCH ASSOCIATION
TO CONDUCT A ONE-DAY RAFFLE AT
STILLWATER AREA HIGH SCHOOL ON MAY 6,2020
WHEREAS, Emily Dollerschell, on behalf of Stillwater Area Fastpitch
Association. has submitted a request to conduct a one-day raffle on May 6, 2020 at the
site of the Stillwater Area High School softball field, 5701 Stillwater Boulevard North;
and
WHEREAS, Ms. Dollerschell has reported that the State of Minnesota Gambling
Control Board has confirmed that the Stillwater Area Fastpitch Association is a 501(c)3
organization and is authorized to conduct a raffle without a permit as an excluded
organization under Minnesota Statute; and
WHEREAS, the City of Oak Park Heights has reviewed the request and finds
that its purposes meet the necessary community standards; and
WHEREAS, the City of Oak Park Heights has solicited the input of the public
and there have been no objections to the granting of the request for the raffle as applied
for by Stillwater Area Fastpitch Association.
NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL FOR
THE CITY OF OAK PARK HEIGHTS AS FOLLOWS:
That the request by Stillwater Area Fastpitch Association to conduct a one-day
raffle on May 6, 2020 at the site of Stillwater Area High School softball field, 5701
Stillwater Boulevard North,within the City of Oak Park Heights is hereby approved.
Passed by the City Council of Oak Park Heights this 25h day of February, 2020.
Mary McComber
ATTEST: Mayor
Eric A. Johnson
City Administrator
Page 18 of 230
February 7,2020
Stillwater Area Fastpitch Association is looking to hold a raffle this spring. Stillwater Area
Fastpitch Association("SAFA")is a 501(c)3 organization with its Federal Tax ID of 41-1690310.
We contacted the Minnesota Gambling Board and was approved as an"excluded"organization
under Minn. Stat. § 349.166, subd. 1(c). An"excluded"organization may conduct one(1)raffle
per year provided the prizes total less than$5000.00.
SAFA intends to sell 1500 $10.00 raffle tickets. The raffle will provide three(3) cash prizes:
$500, $250,and$100. Other prizes will go to players that sell a certain amount of tickets.
Those prizes will be as follows:
Sell 20 tickets- $10 gift card
Sell 40 tickets- $20 gift card
Sell 50 tickets- $25 gift card.
Therefore,prizes for the raffle will total$850 and prizes for gift cards cannot be higher than
$750. We have approximately 100 families participating in the raffle and are asking each player
to sell 10 raffle tickets. Parents or players are not required to sell raffle tickets to play or
participate in the Organization.
The raffle will be held at the Stillwater Area High School Varsity Softball field on Wednesday,
May 6,2020.
Raffles sales will begin March 1,2020. Raffle sales will end April 22,2020. This gives
organizers two full weeks to collect all sold and unsold raffle tickets.
Prizes to top sellers will also occur on May 6,2020.
SAFA fully intends to abide by all statutory requirements for conducting a lawful raffle in the
state of Minnesota along with any other requirements set forth by the City of Oak Park Heights.
If you have any questions,please do not hesitate to call me at 651-253-3943 or email at
mdollerschellncomcast.net.
Emily Dollerschell
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Oak Park Heights
Request for Council Action
Meeting Date February 25, 2020
Agenda Item Approve License for Sale/Storage of Fireworks at Menards #3129
Time Req. 0
Agenda Placement Consent
Originating Department/Requestor Administration/Jennifer Pinski
Cz--
Requester's Signature :-C-
Action Requested Approve
Background/Justification (Please indicate any previous action has been taken or if other public
bodies have been advised).
Menards #3129 has applied to sell and store fireworks at their store in Oak Park Heights. The
application has been thoroughly completed, the fee has been paid, and the background check was
completed by the Oak Park Heights Police Department. I recommend approval
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P,v
Oak Park Heights
Request for Council Action
Meeting Date February 25th, 2020
Time Required: 1 Minute
Agenda Item Title: Approve Model Resolution Sunporting Infrastructure Accountability_
Agenda Placement Consent Agenda
Originating Department/Requestor: Mayor Mary McComber
Requester's Signature
Action Requested Approve Model Resolution Supporting Infrastructure Accountability
Background/Justification(Please indicate if any previous action has been taken or if other public
bodies have advised):
I would like the City Council to consider passing of the enclosed Resolution supporting State
Legislation that seeks to ensure cities abilities to charge reasonable infrastructure fees upon
developments related to necessary street improvements.
Please see the enclosed fact sheets and supporting documentation from the LMC.
Page 23 of 230
RESOLUTION#
A Model Resolution Supporting Infrastructure Accountability
WHEREAS,populations in Minnesota cities are growing statewide; and
WHEREAS,the development and construction associated with that growth are driving the need for road
improvements, street oversizing, street redesign,and street reconstruction; and
WHEREAS,municipal statutory authority appropriately exists for fees to support added need for parks,
sewer, and water; and
WHEREAS,this municipal authority does not exist for infrastructure development fees; and
WHEREAS,city streets are one of the four major types of infrastructure local government is responsible to
provide to protect public safety and health, and city streets represent a separate but integral piece of the
network of roads supporting movement of people and goods; and
WHEREAS,existing funding mechanisms,such as Municipal State Aid(MSA),property taxes,and special
assessments have limited applications, leaving cities under-equipped to address growing needs; and
WHEREAS,neighborhood streets are constructed according to city standards by developers; and
WHEREAS,funding sources for larger streets and intersections to support new developments have
historically come from infrastructure development fees; and
WHEREAS,the Minnesota Supreme Court found in Harstad v. City of Woodbury that no statutory authority
existed for these infrastructure development fees;and
WHEREAS,cities should not be forced to make current residents and businesses pay for costs of growth
through local taxes but rather by those that are responsible for the growth; and
WHEREAS,cities are finding it difficult to develop adequate funding systems to support needed
infrastructure development related to growth while complying with existing state statutes; and
WHEREAS,cities need flexible policies and greater resources in order to meet growing demands for street
improvements.
NOW, THEREFORE,BE IT RESOLVED BY THE COUNCIL OF THE CITY OF OAK PARK
HEIGHTS that this Council supports legislation that would authorize cities to collect infrastructure
development fees to fund municipal street improvements as a necessary component of growth.
ADOPTED by the City Council this day of ,2020.
Mary McComber,Mayor
Attest: Eric Johnson,
City Administrator
Page 24 of 230
2020
LEAGUE OF •
CITY ISSUEm
4,
k
FACT
Infrastructure fees support development and taxpayer fairness
If not addressed, existing taxpayers PROBLEM:
will foot the bill for streets that are When a new subdivision proposal is presented to
a city by a developer, city officals consider how
only needed because of proposed that development will connect with the rest of the
residential development. community through new city streets, or how the added
capacity will impact existing city streets.
,,A Many cities plan street work years in advance, and new
development creates additional demand.
s
However, legal interpretation of current law does not
allow for cities to collect fees from developers to help
pay for these future investments.
LEAGUE-SUPPORTED SOLUTION:
The League supports HF2296 /SF2442 and HF2297
/ SF2443 (Rep. Brad Tabke, Sen. Eric Pratt), providing
the necessary statutory authority for cities to be able
to charge developers fees that cover the infrastructure
improvements that are needed because of the new
residential development.
DID BACKGROUND:
• KNOW? The Minnesota Supreme Court found in Harstad
Without - action, cities who v. City of Woodbury that cities do not have the
want . grow must rely on property statutory authority necessary to impose a fee
taxes
to pay for for future street improvements when approving
. - these • residential development. Cities need a clear and
have tho 4
capacity to absorb lawful path forward to support development white
costs,these may •_ forced to protecting the interests of current taxpayers.
forego new developm
For more information:
LMC��- LEAGUE (�'� Irene Kao, Intergovernmental Relations Counsel
Phone: (657) 281-1260
MINNESOTA Email: ikao@lmc.org
CITIES www.imc.org/builditright
-x;2020 League of Minnesota Cities.All Rights Reserved.
Page 25 of 230
000M
League Urges cities to Pass Resolution
Supporting Infrastructure Accountability
The League's sample resolution supports legislation that would provide statutory
clarity for cities and developers on the collection of infrastructure development fees
for residential development.
(Published Feb 18,2020)
The League is urging city councils to adopt a resolution providing clarity after the Minnesota
Supreme Courts decision in Harstad Y.City of Woodbury,where the court found there was
no existing statutory authority to collect fees for future infrastructure improvements when
approving residential development.
View the League's sample resolution(doc)
The League's sample resolution supports legislation that would authorize cities to collect
infrastructure development fees to fund municipal street improvements as a necessary
component of growth.
View the Infrastructure Fee Fact Sheet(pdf)
Please act before March 13
Growing cities have tried to address infrastructure needs resulting from residential
development after the Harstod decision. Unfortunately,these efforts have been met with
litigation.
The legislature needs to act.The League urges your city to pass this or a substantially
similar resolution and to convey your support to your legislators.
Resolutions passed between now and the first legislative deadline--March 13--will be
particularly helpful to the League's advocacv efforts on infrastructure accountablilty.
Send your resolution to state leaders an
To maximize the impact of your resolutio
resolution to:
• Gov.Tim Walz: Office of the Govern(
King In Blvd.,St. Paul,MN 55155
Page 26 of 230
MN1bSupreme Court Clarifies City Use of Infrastructure Fees for Housing Development Page 1 of 3
MN Supreme Court Clarifies City Use of Infrastructure
Fees for Housing Development
The state's high court recently issued a decision that impacts how cities can charge for infrastructure costs related
to development.
(Published Sep 10, 2018)
In the case of Harstad v. City of Woodbury(Link to:hups.-Ascholar.google.com/scholar_case?
case=4563558651 71 7444461&hl=en&assdt=6&as_vis=1&oi=scholarr),the Minnesota Supreme Court found that
statutory cities do not have authority to impose an infrastructure fee for future road improvements as part of approving
residential development.
Currently,state law(Minnesota Statutes,section 462.358,subdivision 2a)allows a city to condition approval of a
subdivision application on either the developer(1)constructing or installing the improvements,or(2)providing a form of
"financial security"enough to assure the city that the improvements will be constructed or installed according to the city
specifications.The Supreme Court found that the city's infrastructure fee program was outside of this authority.
Factual background of the case
Martin Harstad,a developer,submitted an application to the city for a new subdivision consisting of 183 homes on an
undivided 77 acres.
Generally,the city conditions its approval of subdivision applications on the applicant's payment of an infrastructure fee,
called a major roadway assessment,that is negotiated and incorporated as a condition in a development agreement.The
city had a policy"that new residential development pays its own way and that all associated costs for the installation of
public infrastructure to serve new residential development be the sole responsibility of the developing property owner."
The collected infrastructure fees would be put into a dedicated account used to pay for future construction of off-site road
improvements needed to support new development.
Regarding Harstad's application,the city outlined proposed charges for major roadway and intersection improvements
that would be needed to accommodate traffic generated by the new subdivision and surrounding areas.Harstad chose not
to negotiate the proposed infrastructure fee and instead,he sued,arguing that the city didn't have statutory authority to
require the payment of infrastructure fees when approving subdivision applications.
Court left options intact
The Supreme Court decision leaves the following options intact for cities:
Require construction of infrastructure. Nothing in the Harstad decision impacts a city's authority to condition
subdivision approval on the requirement that a developer construct or install streets or other improvements.
Impose special assessment. This decision also does not impact authority for traditional street assessments provided under
Minnesota Statutes,sections 429.021 and 429.051.The Minnesota Supreme Court specifically stated that"it is
undisputed that cities have the authority to assess property for road and street improvements and that these assessments
are specifically permitted by state law."
Require financial security. The court also pointed out that state law gives cities the option to require assurance from any
developer in the form of a financial security for the construction or installation of specific,related infrastructure projects.
While there is no statutory definition for"financial security,"the court did say that it includes"all contemporary security
measures that protect a city's interest in covering the costs of completing the infrastructure or improvement in the event
that a developer fails to finish a project. . . [and]are intended to be returned or released,unless the developer fails to
satisfy the conditions of the contract concerning infrastructure improvements."
Page 27 of 230
h4s://www.hnc.org/Me/lA[Iarstad-Woodbury.jsp?ssl---true 2/19/2020
MN,,Supreme Court Clarifies City Use of Infrastructure Fees for Housing Development Page 2 of 3
Increase general tax levy for all residents. While the Court did not discuss this option,a city could consider increasing
the tax levy to pay for needed infrastructure.
Deny applications for premature development. Cities generally want development in their communities.The option of
denying applications because of a lack of funding for needed road improvements may not be an attractive option,but it is
a viable one if the city doesn't have the tax base or doesn't have the willingness by residents to increase the tax levy to
pay for improvements.
Limitations of the court's decision
The decision applies only to statutory cities.The court points out that the city in this case,Woodbury, is a statutory city,
and therefore it has no other powers beyond what is explicitly or implicitly provided by state statute.The court did not
address the impact of this decision on home-rule charter cities.
Unanswered questions
This decision leaves a couple of unanswered questions:
What is the difference between improvements within development versus off-site improvements?In a footnote in the
Harstad decision,the court stated it was not deciding the question of whether a city's authority to require the
construction,or the provision of financial security to assure the construction,is limited to improvements located within
the proposed subdivision or whether off-site improvements may also be required.
What can be included in a development agreement?State law allows for development agreements.However,the court
opined that the city's program asking for an upfront infrastructure fee was not truly voluntary.The court also cautioned
that the authority for cities to enter into development agreements does not mean that it has broad authority"to impose
`other requirements'that are inserted into development agreements,but that fall completely outside of the limits of the
statute."
Read the current issue of the Cities Bulletin(Link to:http://www.lmc.org/page/1/cities-bulletin-newsletter jsp)
*By posting you are agreeing to the LMC Comment Policy(Link to:hup://www.lmc.org/page/1/comment policy jsp) .
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Page 28 of 230
https://www.hnc.org/page/l/Harstad-Woodbury.jsp?ssl--tme 2/19/2020
Oak Park Heights
Request for Council Action
Meeting Date February 25',2020
Time Required: 1 Minutes
Agenda Item Title: Approve the Labor A ements wi ice-LELS Supervisors-Teamsters and
AFSCME
Agenda Placement Consent Agenda
Originating Department/Requestor7Eri on ' Adminis or
Requester's Signature
Action Requested Approve the 2020-2 Labor Aereements,with Police-LELS Su ervisors-
Teamsters and AF
Background/Justification(Please indi to if any previous action has been taken or if other public
bodies have advised):
Enclosed are the anticipated final ve ons of the above three contracts—showing anticipated edits compared to
2017-2019 version. The primary asp is of all revised contracts are that all run for three years and in each year,
grants increase in wages, outlines incentives and penalties regarding tobaccotfitness. Moreover, the language as
it relates to health care, dental on other coverages is consistent across all three groups and keeps current policies
and cost shares in effect. Lastly, that all parties are willing to discuss other health care savings concepts.
There are some nuances in each such as:
For the Police Department: 3%, 3%, 3% wage adjustments. Adds a layer for vacation time after two -years
which will aid in recruitment. Increase night-shift differential to$.80/hour
For the Supervisor's Unit: 3%, 3%, 3% wage adjustments. Clarifies night-shift pay and requires Sgt. Phone
calls at night.
For the AFSCME Unit: 3%, 3%, 2.9% wage adjustments. Retains Fitness pay for Longevity Employees
(2.90%wage in 2022)
At this time, I am recommending that the City Council approve the three-year contract agreements with
the above parties, incorporating the proposed amendments, subject to the final review and approval by
the City Administrator and City Attorney.
Page 29 of 230
i
LABOR AGREEMENT
BETWEEN
THE CITY OF OAK PARK HEIGHTS
AND
MINNESOTA LAW ENFORCEMENT LABOR SERVICES, INC.
(LOCAL #382)
POLICE DEPARTMENT
i JANUARY 1, 202047 THROUGH DECEMBER 31, 20224-9
Page 30 of 230
i
INDEX
ARTICLE TITLE
I PURPOSE OF AGREEMENT
II RECOGNITION
III DEFINITIONS
IV EMPLOYER SECURITY
V EMPLOYER AUTHORITY
VI UNION SECURITY
VII EMPLOYEE RIGHTS - GRIEVANCE PROCEDURE
VIII SAVINGS CLAUSE
IX SENIORITY
X DISCIPLINE
XI CONSTITUTIONAL PROTECTION
XII WORK SCHEDULE
XIII OVERTIME
XIV COURT TIME
XV CALL BACK
XVI WORKING OUT OF CLASSIFICATION
XVII SALARY SCHEDULE
XVJ I I HOLIDAYS
XIX VACATIONS
XX SICK LEAVE
XXI FALSE ARREST INSURANCE
XXII HEALTH INSURANCE
XXI II TRAINING
XXIV CLOTHING ALLOWANCE
XXV SAFETY
XXVI UNION MEETINGS
XXVII SEVERANCE PAY
XXVIII INJURY ON DUTY
XXIX INCENTIVE PAY
XXX EXTRA VACATION PAY
XXXI SHIFT DIFFERENTIAL PREMIUM
XXXII DENTAL INSURANCE
XXXIII JURY DUTY
XXXIV WAIVER
XXXV MINNESOTA POST LICENCES
XXXVI POST RETIREMENT HEALTH INSUR& DEFERRED COMPENSATION.
XXXVI I DURATION
APPENDICES — A-1 —Salary Schedules
A-2—Supplemental Pay (SRO)/ Investigator
A-3—Health Care
Page 31 of 230
i
LABOR AGREEMENT
BETWEEN
THE CITY OF OAK PARK HEIGHTS
AND
MINNESOTA LAW ENFORCEMENT LABOR SERVICES, INC.— LOCAL#382
ARTICLE I. PURPOSE OF AGREEMENT
This agreement is entered into as of January 1, 202047, between the City of Oak Park Heights,
hereinafter called the Employer, and the Law Enforcement Labor Services, Inc. — Local #382,
hereinafter called the Union.
It is the intent and purpose of this Agreement to:
1.1 Assure sound and mutually beneficial working and economic relationships between the
parties hereto;
1.2 Establish procedures for the resolution of disputes concerning the agreement's
interpretation and/or application; and
1.3 Place in written form the parties' agreement upon terms and conditions of employment
for the duration of this Agreement.
The Employer and the Union, through this agreement, shall continue their dedication to the
highest quality police service and protection to the residents of Oak Park Heights. Both parties
recognize this Agreement as a pledge of this dedication.
ARTICLE II. RECOGNITION
2.1 The Employer recognizes the Union as the exclusive representative, under Minnesota
Statutes, Section 179A.03, Subd. 14 for police personnel in the following job
classifications.
POLICE OFFICER POLICE INVESTIGATOR
2.2 In the event the Employer and the Union are unable to agree as to the inclusion or
exclusion in the bargaining unit of a new or modified job class, the issue shall be
submitted to the Bureau of Mediation Services for determination.
ARTICLE III. DEFINITIONS
3.1 UNION: The Law Enforcement Labor Services, Inc. —Local #382
3.2 UNION MEMBER: A member of the Law Enforcement Labor Services, Inc. —Local #382.
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i
3.3 EMPLOYEE: A member of the exclusively recognized bargaining unit.
3.4 DEPARTMENT: The City of Oak Park Heights Police Department.
3.5 EMPLOYER: The City of Oak Park Heights.
3.6 CHIEF: The Chief of the Oak Park Heights Police Department.
3.7 UNION OFFICER: Officer elected or appointed by the Law Enforcement Labor Services,
Inc. —Local #382
3.8 OVERTIME: Work performed at the express authorization of the Employer in excess of
the employee's scheduled shift.
3.9 SCHEDULED SHIFT: A consecutive work period, of approximately eight (8) hours or
more in length, including two (2) fifteen-minute rest breaks and a thirty-minute lunch
break.
3.10 REST BREAK: Two (2) fifteen-minute periods during the scheduled shift during which
the employee remains on a continual duty and is responsible for assigned duties.
3.11 LUNCH BREAK: A thirty-minute period during the scheduled shift during which the
employee remains on a continual duty and is responsible for assigned duties.
3.12 STRIKE: Concerted action in failing to report for duty, the willful absence from one's
position, the stoppage of work, slow-down or abstinence in whole or in part from the full,
faithful and proper performance of the duties of employment for the purposes of
including, influencing or coercing a change in the conditions or compensation or the
rights, privileges or obligations of employment.
3.13 PROBATIONARY PERIOD: That one (1)year period of time from the employee's date of
hire until he/she becomes a permanent employee.
3.14 BASE PAY RATE: That wage rate paid to the employee exclusive of such payments as
overtime, longevity, educational incentive, or other fringe benefits premium payments.
ARTICLE IV. EMPLOYER SECURITY
4.1 The Union agrees that during the life of this Agreement, it will not cause, encourage,
participate in or support any strike, slow-down or other interruption of or interference with
the normal functions of the Employer.
4.2 Any employee who engages in a strike may have his/her appointment or employment
terminated by the Employer effective the date the violation first occurs. Such termination
shall be effective upon written notice served upon the employee. An employee who is
absent from any portion of his/her work assignment without permission, or who abstains
wholly or in part from the full performance of his/her duties without permission from
his/her Employer on the date or dates when a strike occurs in prima facie presumed to
have engaged in a strike and such date or dates.
2
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i
An employee who knowingly strikes and whose employment has been terminated for
such action may, subsequent to such violation, be appointed or reappointed or employed
or re-employed, but such employee shall be on probation for two (2) years with respect
to such civil service status, tenure of employment or contract of employment, as he/she
may have heretofore been entitled.
No employee shall be entitled to any daily pay, wages, or per diem for the days on which
he/she engaged in a strike.
I
ARTICLE V. EMPLOYER AUTHORITY
5.1 The Employer retains the full and unrestricted right to operate and manage all
manpower, facilities and equipment; to establish functions and programs; to set and
amend budgets; to determine the utilization of technology; to establish and modify the
organizational structure to select, direct, and determine the number of personnel; to
establish work schedules, and to perform any inherent managerial function not
specifically limited by this Agreement.
5.2 Any term and condition of employment not specifically established or modified by this
Agreement shall remain solely within the discretion of the Employer to modify, establish,
or eliminate.
ARTICLE VI. UNION SECURITY
6.1 The Employer shall deduct from the wages of employees who authorize such a
Ideduction in writing, an amount necessary to cover monthly Union dues, 9F a "W sher-e2
Such monies shall be remitted as directed
by the Union.
6.2 The Union may designate employees from the bargaining unit to act as a steward and
an alternate and shall inform the Employer in writing of such choice and changes in the
position of steward and/or alternate.
6.3 The Employer shall make space available on the employee bulletin board for the posting
of Union notice(s)and announcement(s).
6.4 The Union agrees to indemnify and hold the Employer harmless against any and all
claims, suits, orders or judgments brought or issued against the Employer as a result of
any action taken or not taken by the Employer under the provisions of this Article.
ARTICLE VII. EMPLOYEE RIGHTS- GRIEVANCE PROCEDURE
7.1 Definition of a Grievance. A grievance is defined as a dispute or disagreement as to the
interpretation or application of the specific terms and conditions of this Agreement.
7.2 Union Representatives. The Employer will recognize Representatives designated by the
Page 34 of 230
i
Union as the grievance representatives of the bargaining unit having the duties and
responsibilities established by this Article. The Union shall notify the Employer in writing
of the names of such Union Representatives and of their successors when so
designated, as provided by 6.2 of this Agreement.
7.3 Processing of a Grievance. It is recognized and accepted by the Union and the
Employer that the processing of grievances as hereinafter provided is limited by the job
duties and responsibilities of the employees and shall therefore be accomplished during
normal working hours only when consistent with such employee duties and
responsibilities. The aggrieved employee and a Union representative shall be allowed a
reasonable amount of time without loss in pay when a grievance is investigated and
presented to the Employer during normal working hours provided that the employee and
the Union Representative notified and received the approval of the designated
supervisor who has determined that such absence is reasonable and would not be
detrimental to the work of the Employer
7.4 Procedure. Grievance, as defined in Section 7.1, shall be resolved in conformance with
the following procedure:
Step 1: An employee claiming a violation concerning the.interpretation or application of
this Agreement shall, within twenty-one (21) calendar days after such alleged violation
has occurred, present such grievance to the employee's supervisor as designated by the
Employer. The Employer-designated representative will discuss and give an answer to
such Step 1 grievance within ten (10) calendar days after receipt. A grievance not
resolved in Step 1 and appealed to Step 2 shall be placed in writing, setting forth the
nature of the grievance, the facts on which it is based, the provision or provisions of the
Agreement allegedly violated, the remedy requested, and shall be appealed to Step 2
within ten (10) calendar days after the Employer-designated representative's final
answer in Step 1 Any grievance not appealed in.writing to Step 2 by the Union within
ten (10) calendar days shall be considered waived.
Step 2: If appealed, the written grievance shall be presented by the Union and
discussed with the Employer designated Step 2 representative. The Employer
designated representative shall give the Union the Employer's Step 2 answer in writing
within ten (10) calendar days after receipt of such Step 2 grievance. A grievance not
resolved in Step 2 may be appealed to Step 3 within ten (10)calendar days following the
Employer designated representative's final Step 2 answer. Any grievance not appealed
in writing to Step 3 by the Union within ten (10) calendar days shall be considered
waived.
Step 3: If appealed, the written grievance shall be presented by the Union and discussed
with the Employer designated Step 3 representative. The Employer designated
representative shall give the Union the Employer's answer in writing within ten (10)
calendar days after receipt of such Step 3 grievance. A grievance not resolved in Step 3
may be appealed to Step 4 within ten (10) calendar days following the Employer
designated representative's final answer in Step 3. Any Grievance not appealed in
writing to Step 4 by the Union within ten (10) calendar days shall be considered waived.
Step 4: A grievance unresolved in Step 3 and appealed to Step 4 by the Union shall be
Page 35 of 230
i
submitted to arbitration subject to the provisions of the Public Employment Labor
Relations Act of 1971, as amended. The selection of an arbitrator shall be made in
accordance with the rules of the Bureau of Mediation Services.
7.5 Arbitrator's Authority:
A. The arbitrator shall have no right to amend, modify, nullify, ignore, add to, or
subtract from the terms and conditions of this Agreement. The arbitrator shall
consider and decide only the specific issue(s) submitted in writing by the
Employer and the Union, and shall have no authority to make a decision on any
other issue not so submitted.
B. The arbitrator shall be without power to make decisions contrary to, or
inconsistent with, or modifying or varying in any way the application of laws, rules
and regulations having the force and effect of law. The arbitrator's decisions shall
be submitted in writing within thirty (30) days following close of the hearing or the
submission of briefs by the parties, whichever be later, unless the parties agree
to an extension. The decision shall be binding on both the Employer and the
Union and shall be based solely on the arbitrator's interpretation or application of
the express terms of this Agreement and to the facts of the grievance presented.
C. The fees and expenses for the arbitrator's services and proceedings shall be
borne equally by the Employer and the Union provided that each party shall be
responsible for compensating its own representatives and witnesses. If either
party desires a verbatim record of the proceedings, it may cause such a record to
be made, providing it pays for the record. If both parties desire a verbatim record
of the proceedings, the cost shall be shared equally.
7.6 Waiver. If a grievance is not presented within the time limits set forth above, it shall be
considered 'waived.' If a grievance is not appealed to the next step within the specified
time limit or any agreed extension thereof, it shall be considered settled on the basis of
the Employer's last answer. If the Employer does not answer a grievance or an appeal
thereof within the specified time limits, the Union may elect to treat the grievance as
denied at that step and immediately appeal the grievance to the next step. The time limit
in each step may be extended by mutual written agreement of the Employer and the
Union at each step.
ARTICLE VIII. SAVINGS CLAUSE
This Agreement is subject to the laws of the United States, the State of Minnesota and
the City of Oak Park Heights. In the event any provision of this Agreement shall be held
to be contrary to law or by a court of competent jurisdiction from whose final judgment or
decree no appeal has been taken within the time provided, such provisions shall be
voided. All other provisions of this Agreement shall continue in full force and effect. The
voided provisions may be renegotiated at the written request of either party.
ARTICLE IX. SENIORITY
9.1 Seniority shall be determined by the employee's length of continuous employment with
Page 36 of 230
i
the Police Department and posted in an appropriate location. Seniority rosters may be
maintained by the Employer on the basis of time in grade and time within a specific
classification.
9.2 During the probationary period a newly hired or rehired employee may be discharged at
the sole discretion of the Employer. During the probationary period a promoted or
reassigned employee may be replaced in his previous position at the sole discretion of
the Employer.
9.3 A reduction of the work force will be accomplished on the basis of seniority. Employees
shall be recalled from layoff on the basis of seniority. An employee on layoff shall have
an opportunity to return to work within two (2) years of the time of his/her layoff before
any new employee is hired.
9.4 Vacation periods shall be selected on the basis of seniority until March 15th of each
calendar year.
9.5 Seniority shall prevail. Seniority qualified employees shall have first preference on the job.
ARTICLE X. DISCIPLINE
10.1 The Employer will discipline employees for just cause only. Discipline will be in the form
of:
a . Oral reprimand;
b. Written reprimand;
C. Suspension;
d. Demotion; or
e. Discharge.
10.2 Suspensions, demotions and discharges will be in written form.
I 10.3 Written reprimands, notices of suspension, demotion for disciplinary purposes, and
notices of discharge which are to become part of an employee's personnel file shall be
read and acknowledged by signature of the employee. Employees will receive a copy of
such reprimands and/or notices. NOTE: Alterations of assignments, such as, but not
limited to: to and from the SRO position or Investigator position shall not be considered a
demotion for disciplinary purposes
10.4 Employees may examine their own individual personnel files at reasonable times under
the direct supervision of the Employer.
10.5 Discharges will be preceded by a five (5)day suspension without pay.
10.6 Employees will not be questioned concerning an investigation of disciplinary action
unless they have been advised that they have the opportunity to have a Union
Representative present at such questioning.
10.7 Grievances relating to the Article shall be initiated by the Union in Step 2 of the
grievance procedure under Article VII.
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i
ARTICLE XI. CONSTITUTIONAL PROTECTION
Employees shall have the rights granted to all citizens by the United States and
Minnesota State Constitutions.
ARTICLE XII.WORK SCHEDULE
12.1 The normal work year is two thousand and eighty (2,080) hours, to be accounted for by
each employee through:
a) scheduled hours of work in assigned shifts;
b) assigned training;
C) authorized leave time;
d) holidays.
12.2 Holidays and authorized leave time are to be calculated on the basis of the actual length
of time of the assigned shifts.
12;3 Nothing contained in this or any other article shall be interpreted to be a guarantee of a
minimum or maximum number of hours the Employer may assign employees.
ARTICLE XIII. OVERTIME
13.1 Employees will be compensated at one and one-half(1'/z) times the employee's regular
base pay rate for hours in excess of the Employee's regularly scheduled shift. Changes
of shift do not qualify an employee for overtime under this Article. Compensatory time
(at time and one-half) may be taken, at the option of the employee, as payment for
overtime worked in lieu of money.
13.2 Overtime will be distributed as equally as practicable.
13.3 Overtime refused by employees will, for record purposes under Section 13.2, be
considered as unpaid overtime worked.
13.4 For the purpose of computing overtime compensation, overtime hours worked shall not
be pyramided, compounded or paid twice for the same hours worked.
13.5 Overtime will be calculated to the nearest fifteen (15) minutes.
13.6 Employees have an obligation to work overtime or call backs if requested by the
Employer unless unusual circumstances prevent the employee from so working.
13.7 The use of compensatory time is subject to the prior review and approval of the Chief of
Police. Compensatory time may be accrued up to a maximum of forty (40) hours.
Unused accumulated compensatory time shall be cashed out on December 15th of each
year.
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i
ARTICLE XIV. COURT TIME
An employee who is required to appear in Court during his/her scheduled off-duty time
shall receive a minimum of three (3) hours pay at one and one-half (1'/2) times the
employee's base rate of pay. An extension or early report to a regularly scheduled shift
for duty does not qualify the employee for the three (3) hour minimum.
If a court appearance is canceled with less than two (2) business-days-notice, the
employee shall receive two (2) hours pay at one and one-half(1'/)times the employee's
base rate of pay.
If a court annearance is canceled with less than one (1) days-notice, the employee shall
receive three (3) hours pay at one and one-half (1'/) times the employee's base rate of
pay.
ARTICLE XV. CALL BACK
An employee who is called back to duty during his scheduled off-duty time shall receive
a minimum of three (3) hours pay at one and one-half (1'/) times the employee's base
rate of pay. An extension or early report to a regularly scheduled shift for duty does not
qualify the employee for the three (3) hour minimum.
ARTICLE XVI.WORKING OUT OF CLASSIFICATION
Employees assigned by the Employer to assume the full responsibilities and authorities
of a higher job classification for five (5) consecutive working days or more shall receive
the salary schedule of the higher classification.
ARTICLE XVII. SALARY SCHEDULE
The salary schedule for employees under this contract, will be as in Appendix A; using
the scale of three(3)years to reach the top salary in four(4)steps.
ARTICLE XVIII. HOLIDAYS
18.1 Employer grants to each employee twelve (12) paid holidays per year at their base pay
rate (base monthly pay divided by 173 hours x 8 hours x 12 holidays). Paid holidays
being as follows:
New Year's Day Columbus Day
Martin Luther King Day Veterans Day
Presidents Day Labor Day
Memorial Day Thanksgiving Day
Independence Day Christmas Day
Page 39 of 230
i
Two (2) Floating days (16 hours) selected by the employee and subject to the approval
of the Chief of Police.
18.2 Any employee required to work on any holiday listed in 18.1 above shall receive an
additional one-half(%) times pay for all hours worked on that shift in addition to regular
pay and holiday pay.
18.3 Said holiday pay shall be issued on the first regular pay day in December of each year.
18.4 Unless expressly directed by the Employee's supervisor to work on a given Holiday as
defined in Section 18.1 for an immediate purpose, the School Liaison Officer and the
Investigator shall take those days off as listed in item 18.1 similar to other non-patrol
personnel of the City. Should the defined Holidays conflict with the School calendar, the
Chief of Police shall direct the School Liaison Officer if they should report for such duty.
ARTICLE XIX. VACATIONS
19.1 The Employer grants to each employee paid vacation as per the following schedule:
I 0 through 2g years of service 10 working days per year(5/6 day per month)
3-through 5 years of service 12 working days per year(1.0 day per month)
6 through 10 years of service 15 working days per year(1% day per month)
11 through 15 years of service 20 working days per year(1 z/day per month)
16 and over years of service One(1)additional day per year to a max. of 25 days per year.
19.2 Employees shall earn vacation during the probationary period, but shall not use vacation
leave without the approval of the Employer.
19.3 Employees shall accrue vacation leave to a maximum of three hundred and twenty 320
working hours.
19.4 Vacation leave may be used as earned, provided that the Chief of Police shall approve
the requested time.
19.5 Any employee leaving City employment for reasons other than retirement shall receive
unused accumulated vacation leave if said employee has given proper notice [fourteen
(14) days]. In the event of retirement, such notice to the City shall not be less than thirty
(30) calendar days.
19.6 In addition to the vacations set forth above, after two (2) years of service, permanent
employees shall be granted 16 hours of personal leave with pay to take care of personal
business that can only be taken care of during normal working hours. Said leave will be
non-accumulative and subject to prior approval of the Chief of Police. Personal leave
may be taken in blocks of two (2) hours or more.
ARTICLE XX. SICK LEAVE
20.1 The Employer grants to each employee paid sick leave at the rate of eight (8) hours per
Page 40 of 230
i
month for each month of employment, or major fraction thereof. Any previously earned
banked sick leave, earned prior to the effective date of this Agreement shall be annlied
to the employees accrued sick leave balance.
20.2 Employees shall earn sick leave during the probationary period, but shall not use sick
leave without the approval of the Employer.
20.3 Employees that utilize sick leave for more than three consecutive work days shall
provide evidence of such illness via the provision of medical doctor's written
communication to the City confirming such illness and when the employee is anticipated
to return. This documentation must be provided prior or concurrently to the employee
returning to work.
20.4 Each employee, in order to be eligible for sick leave pay, shall report to the Chief of
Police or his/her duly appointed assistant at his/her home or office, prior to
the start of his/her scheduled shift the reason for the use of the sick leave.
20.5 Each employee shall keep the department informed of his/her condition if the absence is
of more than one (1)day.
20.6 Sick leave shall be used normally for absences from duty because of personal illness
or legal quarantine of the employee, or because of serious illness in the immediate
family. Immediate family shall mean children, step-children, brother, sister, parent,
parents-in-law, or spouse of the employee. Sick leave shall be used for employee's
children on the same terms the employee is able to use sick leave for the employee's
own illness, pursuant to Minn. Stat. §181.9413.
20.7 When necessary and upon approval by the Employer, up to five (5) days (40 hours) of
sick leave with pay shall be used in case of death in the family. The degree of
relationship includes spouse, parents, spouse's parents, children, brothers and sisters,
brothers-in-law, sisters-in-law, grandparents, grandchildren, and step-children.
ARTICLE XXI. FALSE ARREST INSURANCE
The Employer will pay for each employee's LELS Legal Defense Fund for every year of
the contract.
ARTICLE XXII. HEALTH INSURANCE
See Appendix A-3
See Appendix A-4 relating to non-binding discussions for future Health Care options
ARTICLE XXIII. TRAINING
23.1 The Employer will post announcements of those special training schools to which
employees may be sent. Selection of attendees will be made by the Chief of Police.
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23.2 For full-time regular employees as of 12-31-13, the Employer will reimburse one hundred
percent (100%) of the employee's cost for tuition only for educational classes. For those
full-time regular employees hired after 12-31-13 the employer will reimburse fifty percent
(50%) of the employee's cost for tuition only for educational classes. In all cases
reimbursement is subject to the following conditions:
A. Employee must have the approval of the Chief of Police to take any classes under
which reimbursement may be sought;
B. Employees must present written proof through a report card or similar method that
they have passed the class;
C. Reimbursement will occur after the Employee has presented the proof of passing the
class to the City Administrator;
D. Education must be job related as determined by the Chief of Police.
ARTICLE XXIV. CLOTHING ALLOWANCE
24.1 The Employer agrees to provide each new employee with a complete uniform and all
necessary equipment needed to carry out the required duties of a Police Officer for the
City of Oak Park Heights. If an employee does not complete the required probationary
period, all uniforms and equipment will be returned to the Employer before the employee
receives his/her final payroll check.
24.2 The Employer agrees to provide each employee with an annual clothing allowance as
follows: $1,150OW in 204-7-20,0, $1,1050 in 202143 and $1,1050 in 2022444 to be paid in
the first paycheck in January. Dry cleaning bills can be submitted and approved as a
part of the uniform allowance.
24.3 Clothing damaged in the line of duty to be replaced by the Employer at no cost to the
employee.
ARTICLE XXV. SAFETY
The employee adheres to the principle that employees should work in a safe
environment. Accordingly, each employee has an obligation to observe safe working
practices and to alert his/her supervisor to the existence of specific safety hazards.
ARTICLE XXVI. UNION MEETINGS
An employee may not attend union meetings during his/her normally scheduled shift
without prior approval of the Employer. The employer agrees that the employee
designated Steward shall be allowed a reasonable amount of duty time annually to
attend to union matters as designated by the Union in addition to other steward activities
Iprovided for in the agreement.
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The City will reimburse the registration fee (up to $300) for one LELS union member to
attend an annual MPOAA conference. Such attendance is not considered required
training by the City and any such attendance shall be taken on off-duty time and/or
requires the use of vacation days. The planned attendee shall inform the City at least 30-
days in advance of the event. This paragraph shall terminate and sunset as of 12/31/22
and the Union shall comment if regular attendance was had.
ARTICLE XXVII. SEVERANCE PAY
All permanent employees who have completed ten (10) years of service with the City
shall be entitled to fifty percent (50%) of the unused sick leave as severance pay, such
payment not to exceed six-hundred (600) hours maximum upon retirement or if they
become disabled so they must terminate their employment. In the case of death, their
beneficiary shall be entitled to their severance pay, such payment not to exceed four-
hundred (400) hours maximum. Beneficiaries of the demised employees shall be entitled
to receive One hundred percent (100%) of the severance pay the deceased employee
was entitled to at the date of his death.
ARTICLE XXVIII. INJURY ON DUTY
Any employee injured on duty shall receive up to twelve (12) month's pay without loss to
any accrued sick leave or vacation leave provided as follows:
a. The employee reports the injury as soon as possible to the Chief of Police;
b. The injury is of a nature which is covered by Workers Compensation;
C. If requested and paid for by the Employer, the employee shall submit to an
examination by a competent medical practitioner;
d. The employee shall report the amounts of Workers Compensation to the
Employer. The Employer shall pay the employee the differences between Workers
Compensation and the employee's regular salary.
ARTICLE XXIX. INCENTIVE PAY
29.1 The Employer agrees to pay incentive pay based upon longevity as per the following:
Effective January 1, 1985:
After four(4)years of service 3% of salary of month
After eight(8)years of service 5% of salary of month
After twelve (12)years of service 7% of salary of month
After sixteen (16)years of service 9% of salary of month
29.2 Commencing in 2017 and continuing through 2019, the City will offer employees who
receive Longevity Pay, an opportunity to earn an additional one percent (1%) in base
salary per month if they pass and maintain the qualifications for a wellness program as
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established by the Employer for other employees, which includes: standardized fitness
testing (using the current APFT Standards), and application of related weight charts. The
City will permit the employee to exceed the weight requirements by not more than 5% but shall be
required to exceed (perform better) each testing parameter by 5% Failure to meet or maintain
the wellness program requirements set forth by the Employer shall result in revocation of
the 1% additional pay for twelve (12) months unless the duration is shortened by the City.
Any Longevity employee who seeks this additional wellness incentive must also meet and
comply with any "no smoking/non-tobacco" use provision similar to non-longevity
employees. Failure to comply with the "no-smoking/ non-tobacco" use provision will result
in the revocation of the additional 1% wage incentive. Unless agreed upon in writing by
the City, the benefits conveyed in this paragraph shall automatically sunset and terminate
on 12/31/19.
If an employee on incentive pay is smoke/tobacco free, he/she is entitled to one percent
(1%) of his/her base salary per month. If an employee uses tobacco, he/she shall lose
the 1% incentive but shall also lose one percent (1%) of his/her base salary per month for
at least one month and continuing thereafter until the Employee provides written
documentation to the City that they are smoke/tobacco free.
29.3 As an alternative to incentive pay based up on longevity, the employer agrees to pay
educational incentive pay and FitnessNVellness pay as per the following:
SALARY PER MONTH TOTAL
After one (1)year of post-high 2% 2%
school education
After two (2)years of post-high 4% 4%
school education
After three (3)years of post- 6% 6%
high school education
After four(4)years of post- 8% 8%
high school education
The employer agrees to pay an additional two percent (2%) if an employee receives a
Master's Degree, graduates from the FBI Academy, or completes sixty (60) hours of
additional accredited course work per year.
At such time as an employee achieves fifty percent (50%) of the next year's goal, the
employee would be entitled to the next percentage of salary increase (i.e., the employee
who achieves 2% years of post-high school education is therefore entitled to six percent
[6%] of salary per month).
Fitness/Wellness Pay Provisions:
Fitness: The physical tests shall consist of push-ups, sit-ups, and the 2-mile run
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according to current APFT Standards. The officer must complete each test with at least
the minimum score for his/her age group and sex and be compliant with the
corresponding height and weight chart. A comparable alternative test would be allowed if
an employee could not do a particular test due to a specific injury. Completion of all three
physical tests with at least a minimum passing score and meeting height/weight
standards would entitle the employee to one percent(1%)of salary per month.
Wellness: If an employee on FitnessNllellness Pay is smoke/tobacco free, he/she is entitled
to one percent (1%) of his/her base salary per month. If an employee uses tobacco, he/she
shall lose the 1% incentive for being smoke/tobacco free, shall lose any Fitness pay for at
least one year and also shall lose an additional one percent (1%) of his/her base salary per
month for at least one month and continuing thereafter until the Employee provides written
documentation to the City that they are smoke/tobacco free.
If an employee elects the alternative incentive pay program as set forth above, the election is
irrevocable, and the employee would no longer be entitled to receive incentive pay based
upon longevity.
A maximum of ten percent (10%) additional pay may be earned through the Longevity and
the additional FitnessMlellness incentive pay as outlined or any combination thereof
ARTICLE XXX. EXTRA VACATION DAY
Any employee that maintains a sick leave balance of 100 days annually shall receive one (1)
additional vacation day per year.
ARTICLE XXXI. SHIFT DIFFERENTIAL PREMIUMS & FIELD TRAINING OFFICER
Employees who work between the hours of 8:00 PM and 6:00 AM shall receive a $.49.80 per
hour shift differential pay. This additional pay shall be calculated on top of Base Pay. At its
discretion, the City may provide the payment for any such shift differential at the conclusion
of each pay period, quarterly or at the conclusion of each year(or at separation) in a singular
and separate check.
Employees who are assigned to act as a Field Training Officer (FTO) for new employees
shall receive one (1) hour of Compensatory time for each shift under which they actually
engage in the direct field training of new trainee.
ARTICLE XXXII. DENTAL INSURANCE
The City shall execute an agreement with Delta Dental (or other competent provider) that is
anticipated to offer dental coverage benefits and at rates found as are/were in effect as of
December, 2016 and would be prospectively effective from January 1st 2017 through
December 31 st, 20224-8.
For such dental coverages offered through 2016, the Employee shall pay thirty(30%) percent
toward the premium of Family Annual Dental Insurance and twenty-four (24%) percent
toward the premium of Single Dental Insurance. The Employer shall pay the balance of the
premium not paid by the employee. These percentages shall continue to remain in effect
through December 31 st, 20224-5.
14
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As rates and or plan changes become available, typically in the 4th Quarter of each year,
the City shall attempt in good-faith to provide reasonable notice prior to any discontinuation,
changes or possible supplementation of any coverages for any prospective year. The Union
shall also regularly communicate with City staff so as to also monitor possible benefit
changes, their timelines and impacts. The City shall have the right to amend the coverage
plans the City deems reasonably necessary to ensure plan or coverage continuity, but such
changes may not materially alter the coverages offered nor the cost share allocations.
ARTICLE XXXIII. JURY DUTY
In the event an employee covered by this Agreement is called for Jury Duty, the employee
shall give the Employer any payment received (less any meal or mileage allowance) in
exchange for full wages from the Employer for any days the employee serves on Jury Duty.
ARTICLE XXXIV. WAIVER
34.1 Any and all prior agreements, resolutions, practices, policies, rules and regulations regarding
terms and conditions of employment to the extent inconsistent with the provisions of the
Agreement are hereby superseded.
34.2 The parties mutually acknowledge that during the negotiations which resulted in this
Agreement, each had the unlimited right and opportunity to make demands and proposals
with respect to any term or condition of employment not removed by law from bargaining. All
agreements and understandings arrived at by the parties are set forth in writing in this
Agreement for the stipulated duration of this Agreement. The Employer and the Union each
voluntarily and unqualifiedly waives the right to meet and negotiate regarding any and all
terms and conditions of employment referred to or covered in this Agreement or with respect
to any term or condition of employment not specifically: referred to or covered by this
Agreement, even though such terms and conditions may not have been within the knowledge
or contemplation of either or both parties at the time this Agreement was negotiated or
executed.
ARTICLE XXXV. MINNESOTA POST LICENCES
The City will pay for the Officers renewal of their Minnesota Post Licenses.
ARTICLE XXXVI. POST RETIREMENT HEALTH INSURANCE & DEFFERED COMPENSATION
PLAN
As may be permitted by law, the City will maintain a Post-Retirement Health Insurance Plan
(Health Care Savings Account) consistent with State and Federal regulations. All costs and
responsibilities, including any tax impacts or fees, associated with such plan shall be paid in
full by the Employees. At no times hall this plan and/or its benefits become the financial
responsibility of the Employer.
The City at its sole discretion, may offer a deferred compensation or retirement plan which is
created due to the sole contribution of the employees of the City within a fund to be
administered by the City or its designees pursuant to state and federal law. Any participating
employee acknowledges that there is inherent risk of financial loss in the use of a deferred
compensation plan and its related investments. Any employee who selects to participate in
such plan does so at his/her sole risk. The City does not guaranty any specific rate of return.
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ARTICLE XXXVII. DURATION
This Agreement shall be in effect from January 1, 202047, and shall remain in full force and
effect until the thirty-first day of December, 20224-9, or until a new contract is signed with the
exclusive representative of the Police Department.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on this_day of
THE CITY OF OAK PARK HEIGHTS LAW ENFORCEMENT LABOR SERVICES,
INC. —(LOCAL#382)
Mayor Business Agent
City Administrator Steward
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APPENDIX A-1
The following values reflect a 3.026.76%, 3_02 % and 3_03:-0% salary increase in each year:
202047, 202148, 202240, respectively. Any calculation errors shall be adjusted to reflect the
correct percentages and base rates from 201946.
Salary Schedule -Police LELS 2020-2022 (monthly)
The fioilowing values reflect a M 3W6,3%salary increase in each year,respectively_
My calculation error shall be adjusted_
SALARY SCHEDULE EFFECTIVE JANUARY 1, 2019, FOR POLICE OFFICERS
Year 1 70% 4,89 9.10 (701A of Top Patrol)
Year 2 80"/0 5,498.40 (80%of Top Patrol)
Year 3 90% 6,185.70 (90%of Top Patrol)
Year 1000 $ 6,873.00 Top Patrol
SALARY SCHEDULE EFFECTIVE JANUARY 1, 2020, FOR POLICE OFFICERS
Year 1 7000 4,955.43 (700 of Top Patrol)
Year 2 80% 5,663.35 (801/0 of Top Patrol)
Year 3 90% $ 6,371.27 (900A of Top Patrol)
Year 4 1001da 7,079.19 Top Patrol
SALARY SCHEDULE EFFECTIVE,JANUARY 1, 2021, FOR POLICE OFFICERS
Year 1 701/ 5,104.10 (70PA of Top Patrol)
Year 2 801/0 5,833.25 (800A of Top Patrol)
Year 3 SCM $ 6,562.41 (90'/0 of Top Patrol
Year 4 100"10 $ 7,291.57 Top Patrol
SALARY SCHEDULE EFFECTIVE,JANUARY 1, 2022, FOR POLICE OFFICERS
Year 1 700A $ 5,257.22 (70%of Top Patrol)
Year 2 80-A 6,008.25 (800/6 of Top Patrol)
Year 3 90% $ 6,759.28 (900A of Top Patrol)
Year 4 100% ! 7,510.31 Top Patrol
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APPENDIX A-2
SALARY SCHEDULE EFFECTIVE JANUARY 1, 2020 FOR THE DURATION OF THE
AGREEMENT FOR THE POSITION OF INVESTIGATOR AND SCHOOL RESOURCE OFFICER
SHALL BE SIX PERCENT (6%) OVER WHATEVER THE OFFICERS' BASE SALARY WOULD BE
WERE THEY NOT AN INVESTIGATOR.
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APPENDIX A-3
For the 2020-2022 Agreement, the terms and elements of the 2017-2019 Health Care
Agreement remains in place until amended.
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APPENDIX A-4
I
I The following paragraph is limited to an "understanding" between the City and the Union; and -for
both parties to to endeavor to make a good-faith effort to explore health care alternatives. Neither
party is compelled to take any specific action at the conclusion of any discussions should they
commence.
The City and Unions are compelled to retain the current policies and cost divisions until such time as
the parties agree otherwise. However, due to continued cost increases to both the City and Union
Members, the parties shall collectively meet over the course of 2020 to explore further options for
health care savings opportunities for 2021 and beyond. The objective is to determine if the parties
are able to discover and enable alternative policies or programs to its employees and members that
results in retaining quality coverages and yielding a reasonable cost savings to both parties.
All discussions are non-binding in nature until all parties agree in writing to terms determined to be
acceptable.
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a
AGRE,E,M, .-E 0 �
L
between
CITY OF OAK PARK HEIGHTS
and
MINNESOTA TEAMSTERS
PUBLIC AND LAW ENFORCEMENT
EMPLOYEES' UNION,
LOCAL#320
F
Representing: Supervisors' Unit
Effective January 1, 20204-7 through December 31, 20224-9
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TABLE OF CONTENTS
ARTICLE EST.PAGE
PURPOSE OF AGREEMENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I RECOGNITION . 1
II DEFINITIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
III EMPLOYER AUTHORITY . . . . . . . . . 1
IVUNIONSECURITY. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
V EMPLOYEE RIGHTS-GRIEVANCE PROCEDURE. . 2
VI SAVINGS CLAUSE . 3
VII DISCIPLINE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
VIII CONSTITUTIONAL PROTECTION. . 5
IX SALARIES. . . . . . . . . . . . . . . . . . . . . . . . . . . 5
X WORK SCHEDULE.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
XI . . . . . . . 6
COMPENSATORY TIME. .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
XII OVERTIME. 6
XIII CALL BACK .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
XIV SHIFT DIFFERENTIAL PREMIUM-SERGEANTS; . 7
XV SICK LEAVE, . • . • .
XVI 7
XVII JURY DUTY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
COURT TIME .
ENT PAY. . . . . . . . . . . . . . . . . . . . . . .
XVIII BEREAVEM8
XIX SEVERANCE PAY . . . . . . . . . . . . . . . . . . 8
� LEAVE WITHOUT PAY. . . . . . . . . . . . . . . . . . . . . . ... . . . . . . . . . . . . . 8
XXII PROFESSIONAL DEVELOPMENT. . . . . . . . . . . . . ... . . . . . . . . . . . . . 8
XXIII HOLIDAYS . . . . . . . . . . . . . . . . I . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
VACATIONS 9
XXIV HEALTH INSURANCE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
XXV DENTAL INSURANCE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
XXVI ON THE JOB INJURY. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
XVII FAMILY AND MEDICAL LEAVE ACT. . 10
XXEXTRA VACATION DAY . ' ' ' ' 11
XXIX CLOTHING ALLOWANCE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
XXX INCENTIVE PAY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
XXXI ADDITIONAL INCENTIVE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , 12
. .
XXXII . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
XXXIII SAFETY. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
XXXIVWAIVER . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
XXXV FALSE ARREST INSURANCE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
XXXVI TEAMLEGAL DEFENSE PLAN . . . . . . . . . . . . . . . . . . . . . . . . . . . • . . 14
XXXVII PEACE OFFICER STANDARD TRAINING(P.O.S.T.) . . . . . . . . . . • • 14
MAINTENANCE OF BENEFITS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I XVIII DURATION . 14
XXXIX APPENDIX A-SALARY SCHEDULE. 14
APPENDIX B -HEALTH CARE AGREEMENT
i Page 53 of 230
LABOR AGREEMENT
between
CITY OF OAK PARK HEIGHTS
and
MINNESOTA TEAMSTERS PUBLIC AND LAW ENFORCEMENT
EMPLOYEES' UNION, LOCAL NO. 320
ARTICLE I. PURPOSE OF AGREEMENT
This Agreement is made and entered into between the City of Oak Park Heights,
hereinafter referred to as the EMPLOYER, and Minnesota Teamsters Public and Law
Enforcement Employees' Union, Local No. 320, hereinafter referred to as the UNION.
The parties hereto agree as follows:
It is the intent and purpose of this Agreement to:
1.1 Establish procedures for the resolutions of disputes regarding the interpretation
and/or application of the provisions set forth in this Agreement; and
1.2 Express in written form an agreement between the parties on terms and conditions of
employment for the duration of this Agreement.
ARTICLE 11. RECOGNITION
2.1 The Employer recognizes the Union as the exclusive representative, under
Minnesota State Statutes §179A.03, Subd. 17 for all supervisory personnel as
follows:
• POLICE CHIEF
• DEPUTY CLERK/FINANCE DIRECTOR
• PUBLIC WORKS DIRECTOR
• SERGEANT(formerly "Division Heads")
2.2 In the event the Employer and the Union are unable to agree as to the inclusion or
exclusion of a new or modified job class the issue shall be submitted to the Bureau of
Mediation Services for determination.
ARTICLE III. DEFINITIONS
3.1 UNION: MN Teamsters Public and Law Enforcement Employees' Union,
Local No. 320.
3.2 UNION MEMBER: A member of the Minnesota Teamsters Public and Law
Enforcement Employees' Union, Local No. 320.
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3.3 EMPLOYEE: A member of the exclusively recognized bargaining unit
3.4 EMPLOYER: The City of Oak Park Heights.
3.5 UNION OFFICER: Officer elected or appointed by the Minnesota
Teamsters Public and Law Enforcement Employees' Union, Local No. 320.
3.6 PROBATIONARY PERIOD: Newly hired employees shall serve a
probationary period of one year (12 months) from the date of hire.
Probationary employees may be terminated at the sole discretion of the
Employer.
3.7 OVERTIME: Work performed at the express authorization of the Employer
in excess of the employee's scheduled shift.
3.8 REST BREAK: Two (2) fifteen (15) minute periods during the eight (8) hour
work day.
3.9 LUNCH BREAK: A thirty-minute period during the eight (8) hour work day.
3.10 BASE PAY RATE: That wage rate paid to the employee exclusive of such
payments as overtime, longevity, educational incentive, or other fringe
benefits or premium payments.
I 3.11 N DIVISIOHEADS: PGIi a SeFgeants.
vrv�vrr��ci
ARTICLE IV. EMPLOYER AUTHORITY
4.1 The Employer retains the full and unrestricted right to operate and manage all
personnel, facilities and equipment, to establish functions and programs, to set and
amend budgets, to determine the utilization of technology, to establish and modify
the organizational structure, to select, direct and determine the number of personnel,
to establish work schedules and to perform any inherent managerial functions not
specifically limited by this Agreement.
4.2 Any term and condition of employment not specifically established or modified by this
Agreement shall remain solely within the discretion of the Employer to modify,
establish or eliminate.
ARTICLE V. UNION SECURITY
5.1 The Employer shall deduct from the wages of employees, who authorize such
deduction in writing, an amount necessary to cover monthly Union dues or "fair
share" deduction as provided for by Minnesota State Statute §179A.06, Subd. 3, if
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the employee elects not to become a member of the Union. Such monies shall be
remitted as directed by the Union.
5.2 The Union may designate employees from the bargaining unit to act as Steward
and shall inform the Employer, in writing, of such choice and changes in the
position of Steward.
5.3 The Employer shall make space available on the Employee bulletin boards for
posting Union notice(s) and announcement(s).
5.4 Union Steward: The Employer agrees that the Employee designated steward
under Article 6.2 of this Agreement shall be allowed a reasonable amount of duty
time annually to attend to Union matters as designated by the Union in addition to
the other Steward activities as provided for in this Agreement.
5.5' Identify Business Agent: The Union shall have right to enter the facilities of the
Employer so long as said visits do not interfere with the job duties and
responsibilities of an Employee.
5.6The Union agrees to indemnify and hold the Employer harmless against any and
all claims, suits, orders or judgments brought or issued against the Employer as a
result of any action taken or not taken by the Employer under the provisions of this
Article.
ARTICLE VI. EMPLOYEE RIGHTS — GRIEVANCE PROCEDURE
6.1 DEFINITION OF A GRIEVANCE: A grievance is defined as a dispute or
disagreement as to the interpretation or application of the specific terms and
conditions of this Agreement.
6.2 UNION REPRESENTATIVES: The Employer will recognize representatives
designated by the union as the grievance representatives of the bargaining unit
having duties and responsibilities established by this Article. The Union shall
notify the Employer in writing of the names of such Union representatives and of
their successors when so designated as provided by Section 6.2 of this
Agreement.
6.3 PROCESSING OF A GRIEVANCE: It is recognized and accepted by the Union
and the Employer that the processing of grievances as hereinafter provided is
limited by the job duties and responsibilities of the Employee and shall, therefore,
be accomplished during working hours only when consistent with such Employee
duties and responsibilities. The aggrieved Employee and a Union representative
shall be allowed a reasonable amount of time without loss in pay when a
grievance is investigated and presented to the Employer during normal working
hours, provided the Employee and the Union representative have notified and
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received the approval of the designated supervisor who has determined that such
absence is reasonable and would not be detrimental to the work of the Employer.
6.4 PROCEDURE: Grievance, as defined in Section 6.1 shall be resolved in
conformance with the following procedure:
STEP 1. An Employee claiming a violation concerning the interpretation or
application of this Agreement shall, within twenty-one (21) calendar days after
such alleged violation has occurred, present such grievance to the employee's
supervisor as designated by the Employer. The Employer-designated
representative will discuss and give an answer to such Step 1 grievance within ten
(10) calendar days after receipt. A grievance not resolved in Step 1 and appealed
to Step 2 shall be placed in writing setting forth the nature of the grievance, the
facts on which it is based, the provision or provisions allegedly violated, the
remedy requested and shall be appealed to Step 2 within ten (10) calendar days
after the Employer-designated representative's final answer in Step 1. Any
grievance not appealed in writing to Step 2 by the Union within ten (10) calendar
days shall be considered waived.
STEP 2. If a grievance is not resolved at Step 1 of the grievance procedure, the
parties, by mutual agreement, may submit the matterao mediation with the Bureau
of Mediation Services. Submitting the grievance to mediation preserves timeliness
for Step 3 of the grievance procedure. Any grievance not appealed, in writing, to
Step 3 by the Uhlon within ten (10)calendar days of mediation shall be considered
waived.
STEP 3. Any grievance unresolved in Step 2 and appealed to Step 3 by the Union
shall be submitted to arbitration subject to the provisions of the Public Employment
Labor Relations Act of 1971 as amended. The selection of an arbitrator shall be
made in accordance with the rules governing the arbitration of grievances as
established by the Bureau of Mediation Services.
6.5 ARBITRATOR'S AUTHORITY
A. The arbitrator shall not have the right to amend, modify, nullify, ignore, add
to or subtract from the terms and conditions of this Agreement. The
arbitrator shall consider and decide only the specific issue or issues
submitted in writing by the Employer and the Union and shall have no
authority to make a decision on any other issue not so submitted.
B. The arbitrator shall be without power to make decisions contrary to, or
inconsistent with, or modifying, or varying in any way the application of
laws, rules or regulations having the force and effect of law. The arbitrator's
decision shall be submitted in writing thirty (30) days following the close of
the hearing or the submission of briefs by the parties, whichever be later,
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unless the parties agree to an extension. The decision shall be binding on
both the Employer and the Union and shall be based solely on the
Arbitrator's interpretation or application of the express terms of the
Agreement and to the facts of the grievance presented.
C. The fees and expenses for the arbitrator's services and proceedings shall
be borne equally by both the Employer and the Union, provided that each
party shall be responsible for compensating its own representatives and
witnesses. If either party desires a verbatim record of the proceedings, it
may cause such a record to be made providing it pays for the record. If
both parties desire a verbatim record of the proceedings, the costs shall be
shared equally.
6.6 WAIVER: If a grievance is not presented within the time limits set forth above it
shall be considered waived. If a grievance is not appealed to the next step within
the specified time limit or any agreed extension thereof, it shall be considered
settled. on the basis of the Employer's last answer. If the Employer does not
answer a grievance or any appeal thereof within the specified time limits the Union
may elect to treat the grievance as denied at that step and immediately appeal the
grievance to the next step. The time limit in each step may be extended by mutual
written agreement of the Employer and the Union in each step.
ARTICLE VII. SAVINGS CLAUSE
In the event, any provision of this Agreement shall be held to be contrary to law by a
court of competent jurisdiction from whose final judgment or decree no appeal has been
taken within the time provided, such provisions shall be void. All other provisions of this
Agreement shall continue in full force and effect.' The void or provision may be
renegotiated at the written request of either party.
ARTICLE VIII. DISCIPLINE
8.1 The Employer will discipline employees for just cause only. Discipline will be in
one or more of the following forms:
A. Oral reprimand;
B. Written reprimand;
C. Suspension;
D. Demotion; or
E. Discharge.
8.2 Suspensions, demotions and discharges will be in written form.
8.3 Written reprimands, notices of suspension, and notices of discharge, which are to
become part of an employee's personnel file shall be read and acknowledged by
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signature of the employee. The Employee and the Union will receive a copy of
such reprimand and/or notices.
8.4 Employees may examine their own individual personnel files at reasonable times
under direct supervision of the Employer.
8.5 Employees will not be questioned concerning an investigation of disciplinary action
unless the employee has had an opportunity to have a Union representative
present at such questioning.
8.6 Grievances relating to this Article shall be initiated by the Union in Step 2 of the
Grievance Procedure under Article VI.
ARTICLE IX. CONSTITUTIONAL PROTECTION
Employees shall have the rights granted to all citizens by the United States and
Minnesota State Constitutions.
ARTICLE X. SALARIES
Employees shall be paid in accordance with the attached Salary Pay Schedules marked
"Appendix A." The City reserves the right to place new hires where the market deems
appropriate in the Salary Schedule. For the purposes of this paragraph, the City shall
provide a base wage increase adjustment for as of the January 1St of each of the
following years: 2.75%-in 2017, 2.75% iR 2018 and 2.76% 2019. 3.0% in each of the
following years: 2020, 2021 & 2022.
ARTICLE XI. WORK SCHEDULE
11.1 The normal work year is two thousand eighty(2,080) hours, to be accounted for by
each employee through:
A. Scheduled hours of work;
B. Assigned training;
C. Authorized leave time;
D. Holidays.
11.2 Holidays and authorized leave time are to be calculated on the basis of an eight
(8) hour work day.
11.3 Nothing contained in this or any other Article shall be interpreted to be a guarantee
of a minimum or maximum number of hours the Employer may assign employees.
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ARTICLE XII. COMPENSATORY TIME
12.1 Employees will be entitled to take compensatory time for any hours worked in
excess of eight (8) hours per day, forty (40) hours per week, subject to the prior
review and approval of the City Administrator. Employees may annually
accumulate a maximum of 40 total hours of Compensatory Time. Compensatory
time shall be taken in the calendar year earned and shall not be carried over to the
subsequent year. Compensatory time not taken in the calendar year earned shall
be cashed out at the end of the calendar year earned.
12.2 Employees will not be entitled to overtime pay or call back pay.
12.3 Sergeants who are reauired to conduct phone business calls outside regularly
scheduled work hours shall receive $1,000 (one thousand dollars) per year paid as
part of their first pay period of the year. This will be prorated (applied retroactively)
monthly in the event there is a separation between the City and the employee
This section does not apply when a call.results in a call back to work as the
employee will be compensated in accordance with the Call Back provision (Article
14) of the agreement.
ARTICLE XIII. OVERTIME
13.1 Division headSeraeants will be compensated at one and one-half (1%) times the
Division Sergeants' regular base pay rate for hours worked in excess of the
D,Y,sien HeadSeraeants' regularly scheduled shift. Changes of shift do not qualify
a Division HeadSergeant for overtime under this Article. Compensatory time may
be taken, at the option of the DivisleR HeadS@Lqeant, as payment for overtime
worked in lieu of money. Division HeadSergeants may cash out up to forty (40)
hours of compensatory time at the end of the calendar year. Compensatory time
may not be carried over from one calendar year to the next
4�&-113.2 For the purpose of computing overtime compensation, overtime hours
worked shall not be pyramided, compounded or paid twice for the same hours
worked.
43-.213.3 Overtime will be calculated to the nearest fifteen (15) minutes.
413.4 B+visiefl-kleadSeraeants have an obligation to work overtime or call backs if
requested by the Employer unless unusual circumstances prevent the Division
HeadSergeant from so working.
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ARTICLE XIV. CALLBACK
A Divessen Heaad4sergeant&4 who is called back to duty during his/her scheduled off-duty
time shall receive a minimum of three (3) hours pay at one and one-half (1'/) times the
IDivision HeadSergeants' base rate of pay. An extension or early report for a regularly
scheduled shift for duty does not qualify the Divisien HedSergeant for the three (3) hour
minimum.
ARTICLE XV. SHIFT DIFFERENTIAL PREMIUM —SERGEANTS
The afteFROOR shift shall reGeive a one deliaF and tW9Aty fiVe GentS ($1.25) shift
dufferentual, and the evening shift shall Fereive a twe dallam and ten-GeRt ($2.10) PeF 6
differential with neh fer the n men+ shiffe.
Pt-tfR�es�eiAQ established9 erase,,, S
g eants
working an evening shift shall receive $2.10 per hour differential for all hours worked
between 6PM and 6AM. Sergeants who work on a shift beginning earlier than 6AM or
ending later than 6PM shall be entitled to receive a night differential for the entire shift
provided at least 6 hours of that shift are worked between 6PM and 6AM. This
differential shall not be paid where such work constitutes overtime under the provisions of
this agreement. Sergeants regularly assigned night shifts shall be paid tis differential
during all paid leaves.
ARTICLE XVI. SICK LEAVE
16.1 The Employer grants to each employee paid sick leave at the rate of 8 hours per
month for each month of employment or major fraction thereof.
16.2 Employees shall earn sick leave during their probationary period but shall not use
sick leave without the approval of the Employer.
16.3 There shall not be a maximum accumulation sick leave
16.4 Sick leave shall be used only for absences from duty because of personal illness
or legal quarantine of the employee or because of serious illness in the immediate
family. Immediate family shall mean brother, sister, parents, parents-in-law,
spouse, or children of the employee. Employees that utilize sick leave for more
than three consecutive work days shall provide evidence of such illness via the
provision of medical doctor's written communication to the City confirming such
illness and when the employee is anticipated to return. This documentation must
be provided prior or concurrently to the employee returning to work.
ARTICLE XVII. JURY DUTY
17.1 In the event an employee covered by this Agreement is called for jury duty, the
employee shall give the Employer any payment received less any meal or mileage
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allowance in exchange for full wages from the Employer for any days the
employee served on jury duty.
ARTICLE XVIII. COURT TIME
18.1 An employee who is required to appear in court during his/her scheduled off-duty
time shall receive a minimum of three (3) hours pay at one and one-half (1%)
times the employee's base rate of pay. An extension or early report to a regularly
scheduled shift for duty does not qualify the employee for the three (3) hour
minimum.
18.2 If a court appearance is canceled with less than two (2) business days notice, the
employee shall receive two (2) hours pay at one and one-half (1%) times the
employee's base rate of pay.
18.3 If a court appearance is canceled with less than one (1) days notice, the employee
shall receive three (3) hours pay at one and one-half (1%) times the employee's
base rate of pay.
I
ARTICLE XIX. BEREAVEMENT PAY
When necessary, and upon approval by the Employer, up to five (5) days of sick leave
with pay will be granted in case of death in the family. !.The degree of relationship
includes spouse, parents, spouse's parents, children, brothers and sisters, brothers-in-
law, sisters-in-law, grandparents, grandchildren and stepchildren.
ARTICLE XX. SEVERANCE PAY
20.1 Upon retirement, being disabled so that employment must be terminated, or for
termination of employment for reasons other than for cause, permanent
employees who have completed ten (10) years of service with the City shall be
entitled to 50% of the unused sick leave as severance pay. The severance
payment shall not exceed a maximum of 600 hours upon separation. In the case
of employee's death, the beneficiaries of the deceased employee shall be entitled
to 100% of the severance pay the deceased employee was entitled to at the date
of his/her death.
20.2 Employees may opt to bank his/her severance to use as insurance premium on
the City insurance plan upon retirement up to the age of sixty-five (65) years old
with the remaining being paid out at that time.
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ARTICLE XXI. LEAVE WITHOUT PAY
The City Administrator may grant regular full-time employees a leave of absence without
pay for a period not to exceed ninety (90) days except that the City Administrator may
extend such leave to a maximum of one (1) year in a case of disability or extraordinary
circumstances.
ARTICLE XXII. PROFESSIONAL DEVELOPMENT
22.1 For full-time regular employees as of 12-31-13, the Employer will reimburse one
hundred percent (100%) of the employee's cost for tuition only for educational
classes. For those full-time regular employees hired after 12-31-13 the employer
will reimburse fifty percent (50%) of the employee's cost for tuition only for
educational classes. In all cases reimbursement is subject to the following
conditions:
A. Employee must have the approval of the City Administrator to take any
classes;
B. Employees must present written proof through a report card or similar
method that they have passed the class;
C. Reimbursement will occur after the Employee has presented the proof of
passing
the class to the City Administrator;
D. Education must be job related.
22.2 Employees will be reimbursed for annual dues paid for memberships in up to five
(5) professional associations. Reimbursement for a new membership in a
profession association shall require prior approval of the City Administrator.
22.3 The Employer will also fund reasonable subscriptions and/or reference materials
to continue employee's development and their ability to perform their duty.
ARTICLE XXIII. HOLIDAYS
23.1 Employer grants to each employee twelve (12) paid holidays per year. Paid
holidays being as follows:
New Year's Day Labor Day
Martin Luther King, Jr. Day Thanksgiving Day
President's Day Day after Thanksgiving
Memorial Day Christmas Eve
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Independence Day Christmas Day
Veteran's Day One (1)floating holiday (selected by the
employee and subject to the approval of
the City Administrator).
23.2 In the event it is determined that the Police Department employees are entitled to
more than twelve (12) paid holidays per year, pursuant to the wording of the
existing contract, the employees shall be entitled to the same number of paid
holidays per year as the Police Department employees.
23.3 A Division HeadSerqeant required to work on any holiday listed above shall
receive an additional one-half (Y2) times pay for all hours worked on that shift in
addition to regular pay and holiday pay. For Divisien Heaergeants, Holiday pay
shall be calculated by using the base monthly pay rate, (base monthly pay divided
by 173 hours X 8 hours x 12 holidays).
ARTICLE XXIV. VACATIONS
24.1 The Employer grants to each employee paid vacation as per the following
schedule (for the purposes of Sec 24.1; 1 day = 8 hours; %2 day= 4 hours, etc.):
0 through 5 years of service—10 working days per year(5/6 days per month)
6 through 10 years of service—15 working days per year(1'/days per month)
11 through 15 years of service—20 working days per year(1%days per month)
16 and over years of service—1 additional day per year to a maximum of twenty-five
(25)days per year.
24.2 Employees shall earn vacation during their probationary period but shall not use
vacation leave without the approval of their employer.
24.3 Employees shall accrue vacation leave to a maximum of 320 working hours.
24.4 Vacation leave may be used as earned provided that the City Administrator shall
approve the requested time.
24.5 Any employee leaving City employment shall receive unused accumulated
vacation leave if said employee has given proper notice of thirty(30) days.
24.6 In addition to the vacation set forth above, after two (2) years of service,
permanent employees shall be granted 16-hours personal leave with pay to take
care of personal business that can only be taken care of during normal working
hours. Said leave will be non-accumulative and subject to prior approval of the
City Administrator which may not be unreasonably withheld.
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24.7 Unless expressly directed by the Employee's supervisor to work on a given
Holiday as defined in Section 23.1 for an immediate purpose; or due to a specific
and emergent need for the Chief of Police or the Public Works Director, all
Employees shall have those days-off as paid holiday leave as listed under 23.1.
ARTICLE XXV. HEALTH INSURANCE
25.1 APPENDIX B outlines the agreed upon health care elements for 20204-7-2022
For the 2020-2022 Agreement, the terms and elements of the 2017-2019 Health
Care Agreement remains in place until amended.
The following paragraph is limited to an "understanding" between the City and the
_Union; and for both parties to endeavor to make a good-faith effort to explore
health care alternatives. Neither party is compelled to take any specific action at
the conclusion of any discussions should they commence.
The City and Unions are compelled to retain the current policies and cost divisions
until such time as the parties agree otherwise. However, due to continued cost
increases to both the City and Union Members, the parties shall collectively meet
over the course of 2020 to explore further options for health care savings
opportunities for 2021 and beyond. The obiective is to determine if the parties are
able to discover and enable alternative policies or programs to its employees and
members that results in retaining quality covera-ges and yielding a reasonable cost
savings to both parties. All discussions are non-binding in nature until all parties
agree in writing to terms determined to be acceptable.
25.2 As may be permitted by law, the City will maintain a Post-Retirement Health
Insurance Plan (Health Care Savings Account) consistent with State and Federal
regulations. All costs and responsibilities, including any tax impacts or fees,
associated with such plan shall be paid in full by the Employees. At no-time shall
this plan and/or its benefits become the financial responsibility of the Employer.
ARTICLE XXVI. DENTAL INSURANCE
26.1 The City shall execute an agreement with Delta Dental (or other competent
provider) that is anticipated to offer dental coverage benefits and at rates found as
I are/were in effect as of December, 2016 and would be prospectively continue to
remain in effectWe from January 1 st 202047 through December 31 st, 202244.
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For such dental coverages offered through 2016, the Employee shall pay thirty
(30%) percent toward the premium of Family Annual Dental Insurance and twenty-
four (24%) percent toward the premium of Single Dental Insurance. The Employer
shall pay the balance of the premium not paid by the employee. These
percentages shall continue to remain in effect through December 31 st, 20224-5.
As rates and or plan changes become available, typically in the 4th Quarter of
each year, the City shall attempt in good-faith to provide reasonable notice prior to
any discontinuation, changes or possible supplementation of any coverages for
any prospective year. The Union shall also regularly communicate with City staff
so as to also monitor possible benefit changes, their timelines and impacts. The
City shall have the right to amend the coverage plans the City deems reasonably
necessary to ensure plan or coverage continuity, but such changes may not
materially alter the coverages offered nor the cost share allocations.
ARTICLE XXVII. ON THE JOB INJURY
27.1 If temporary or permanent employees are not able to satisfactorily perform
the duties of their position or such temporary duties as the Council may assign,
due to bodily injuries incurred while on active duty for the City, they will be entitled
to full base pay, less compensation received from any other source (including
workers' compensation and/or disability insurance payments) made available to
the employee through a benefit provided all or in part of the City of Oak Park
Heights, according to the following schedule:
Up to twelve (12) months pay without loss to any accrued sick leave or vacation,
provided the injury is of the nature which is covered by workers'compensation.
ARTICLE XXVIII. FAMILY AND MEDICAL LEAVE ACT
28.1 An employee must have been employed by the City for at least twelve (12) months
and have worked at least one thousand two hundred fifty (1,250) hours in the
twelve (12) months preceding the commencement of the leave. An eligible
employee is entitled to twelve (12) weeks leave during any twelve (12) month
period commencing with the first date family or medical leave is taken for the
following reasons:
A. Birth of a son or daughter or placement of a son or daughter for adoption or
foster care. Such leave maybe taken within twelve (12) months afterbirth
or placement. There is no maximum age limit for adoption or foster care
placement.
B. To care for a spouse, son, daughter or parent who has a serious health
condition.
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C. Because of the serious health condition making the employee unable to
perform the essential functions of their positions.
28.2 Thirty (30) days written notice is required if the leave is foreseeable. Health
Insurance coverage will be maintained at the same level and under the same
terms as if the employee continued working. Arrangement for payment of the
employee's portion of the premium must be made by the employee through the
personnel office. Family and medical leave may be taken in increments up to the
full twelve (12) weeks and as small as one (1) hour depending on the
circumstances. Employees are eligible to draw down accumulated sick leave and
vacation leave while on FMLA leave. Therefore, FMLA leave shall be without pay.
Should there be a clear discrepancy between this provision and Federal or State
Law, the Labor Agreement shall not take precedence. It is both the City and
Employees responsibility to ensure compliance with all applicable laws.
ARTICLE XXIX. EXTRA VACATION DAYS
Any Employee that maintains a sick leave balance of 800 hours or above annually,
as of January 1 st, shall receive 16 additional hours of vacation to be used for that
year after January 1 st
ARTICLE XXX. CLOTHING AND MAINTENANCE ALLOWANCE
30.1 The Employer agrees to provide the employees with an annual clothing and
maintenance allowance (prorated monthly for separation calculation purposes) on
a voucher system as follows:
Chief of Police For the year 2017 - $1150099 per year
For the year 2018 - $1150059 per year
For the year 2019 - $1150059 per year
Sergeant For the year 2017 - $1050959 per year
For the year 2018 - $105009 per year
For the year 2019 - $105009 per year
Director of Public Works For the year 2017 - $950899 per year
For the year 2018 - $950859 per year
For the year 2019 - $950859 per year
Finance Director For the year 2017 - $0 per year
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For the year 2018 - $0 per year
For the year 2019 - $0 per year
30.2 Clothing damaged in the line of duty to be replaced by the Employer with no cost
to the employee.
ARTICLE XXXI. INCENTIVE PAY & EDUCATION PAY
31.1 The Employer agrees to pay incentive pay based upon longevity as per the
following:
Effective January 1. 1985
After four(4) years of service 3% of base salary per month
After eight (8) years of service 5% of base salary per month
After twelve (12) years of service 7% of base salary per month
After sixteen (16) years of service 9% of base salary per month
31.2 Commencing in 2017, employees who have selected and are on Longevity Pay,
may earn an additional one percent (1%) in base salary per month if they pass and
maintain the qualifications for a wellness program as established by the Employer,
which would include standardized fitness testing (using the APFT Standards) and
application of related weight charts. Failure to meet or maintain any requirements
set forth by the Employer shall result in revocation of the 1% additional pay for
twelve (12) months unless the duration is shortened by the City. The City will
permit the employee to exceed the weight requirements by not more than 5% but
shall be required to exceed (perform better) each testing parameter by 5%. Any
Longevity employee may additionally receive a 1% incentive for being a "non-
smoking" use provision similar to non-longevity employees. Failure to comply with
the "non-smoking" provision will result in the revocation of this additional 1% wage
incentive. Unless agreed upon in writing by the Employer and Union, the benefits
conveyed in this paragraph (31.2) shall automatically sunset and terminate after
three (3) years, (12/31/2019).
An employee on Incentive Pay is smoke/tobacco free, he/she is entitled to one
percent (1%) of his/her base salary per month. If an employee uses tobacco,
he/she shall lose the 1% incentive but shall also lose one percent (1%) of his/her
salary per month for at least one month and continuing thereafter until the
Employee provides written documentation to the City that they are smoke/tobacco
free.
Under all applicable circumstances, no Longevity based pay employee may
receive greater than 10% Incentive Pay.
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Any future employees (not currently employed by the City as of 12/31/13) of the
Supervisor's Group must take Incentive Pay and Longevity pay will be
discontinued and the elements of that provision shall be removed from this
Agreement once all current Longevity employees are no longer employed with the
City.
31.3 Educational Incentive: As an alternative to incentive pay based upon longevity and
upon completion of six months of employment, the Employer agrees to pay
educational incentive pay as per the following:
After one year of post-high school education - 2% of base salary per month
After two years of post-high school education - 4% of base salary per month
After three years of post-high school education - 6% of base salary per month
After four years of post-high school education - 8% of base salary per month
At such time as employee achieves fifty percent (50%) of the next year's goal, the
employee would be entitled to the next two percent (2%) of salary increase, i.e. the
employee achieves one and one-half (1'/z) years of post-high school education
and is therefore entitled to four percent (4%)of the salary per month.
The Employer agrees to pay an additional incentive pay upon completion of six
months of employment if the employee achieves one and/or any of the following:
A. 2% for a Master's degree; graduation from the FBI Academy; obtaining a
CPA or CIA degree; a professional registered engineer.
B. 1% for passing the qualifications for a wellness program as established by
the City, which would include weight charts, annual physicals, no smoking,
periodic medical tests, etc.
C. 1% if an employee is smoke/tobacco free, he/she is entitled to one percent
(1%) of his/her base salary per month. If an employee uses tobacco, he/she
shall lose the 1% incentive but shall also lose one percent (1%) of his/her
salary per month for at least one month and continuing thereafter until the
Employee provides written documentation to the City that they are
smoke/tobacco free.
A maximum of ten percent (10%) additional pay may be earned through the
Incentive or Longevity Pay or any combination thereof.
Unless agreed to in writing by the City if an employee elects to receive educational
incentive pay as set forth above, the election is irrevocable, and the employee
would no longer be entitled to receive incentive pay based upon longevity as set
forth in 31.1 above or its related elements.
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ARTICLE XXXIII. SAFETY
The employee adheres to the principle that employees should work in a safe
environment. Accordingly, each employee has an obligation to observe safe
working practices and to alert his/her supervisor to the existence of specific safety
hazards.
ARTICLE XXXIV. WAIVER
34.1 Any and all prior agreements, resolutions, practices, policies, rules and regulations
regarding terms and conditions of employment to the extent are inconsistent with
the Agreement are hereby superseded.
34.2 The parties mutually acknowledge that during the negotiations which resulted in
this Agreement, each had the unlimited right and opportunity to make demands
and proposals with respect to any term or condition of employment not removed
by law from bargaining. All agreements and understandings arrived at by the
parties are set forth in writing in this.Agreement for the stipulated duration of this
Agreement. The Employer and the Union each voluntarily and unqualifiable waive
the right to meet and negotiate regarding any and all terms and conditions of
employment referred to or covered in this Agreement or with respect to any term
or condition of employment not specifically referred to or covered by this
Agreement even though such terms and conditions may not have been within the
knowledge or contemplation of either or both parties at the time this Agreement
was negotiated or executed.
ARTICLE XXXV. FALSE ARREST INSURANCE
The Employer will provide and pay for false arrest insurance in a plan chosen and
offered by the Employer.
ARTICLE XXXVI. TEAMLEGAL DEFENSE PLAN
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The Employer will pay the cost of TeamLegal Defense Plan. This cost is in the
amount of eighty-seven dollars ($87) per year.
ARTICLE XXXVII. PEACE OFFICER STANDARD TRAINING (P.O.S.T)
The Employer will pay the cost of the P.O.S.T. license.
ARTICLE XXXVII. DURATION
I This Agreement shall be in effect from January 1, 2020 and shall remain in full
force and effect until the 31St day of December, 20224.9, or until a new contract is
signed with the exclusive representative of the City of Oak Park Heights.
FOR THE CITY OF OAK PARK HEIGHTS: FOR TEAMSTERS LOCAL #320:
Mayor, Mary McComber Steward, Brian DeRosier
City Administrator, Eric Johnson Business Agent
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IAPPENDIX A—Base Salary Schedules 2020-2022"
Teamsters - Supervisors
Appendix 1-Annual Base Salaries 2020-2022
%Base Wane
Year Increase
2020 3.00%
2021 3.00%
2022 3.00%
%chance
This Column from
./br Refeer+ence Previous
Only Wages for Contract Year
2020
2019 70% 80% 90% 100%
Chief of Police $ 113,598.52 $81,904.53 $ 93,605.18 $105,305.83 $117,006.48 3.00
Finance Director 106,327.00 $76,661.77 $ 87,613.45 $ 98,565.13 $109,516.81
3.00OA
Director of Public Works $ 106,327.00 $76,661.77 $ 87,613.45 $ 98,565.13 $ 109,516.81 3.00°/
Sergeants 93,279.51 $67:254.53 $ 76,862.32 $ 86,470.11 $ 96,077.90 3.00
2021
2020 70% 80% 90% 100%
Chief of Police r$117,006.48 $84,361.67 $ 96,413.34 $108,465.00 $120,516.67 3.00OA
Finance Director $109,516.81 $78,96162 $ 90,241.85 $101,522.08 $112,802.31 3.00
Director of Public Works ;;:$109,516.81 $78,961.62 $ 90,241.85 $ 101,522.08 $112,802.31 3.00
Sergeants $ 96,077.90 $69,272.16 $ 79,168.19 $ 89,064.21 $ 98,960.23 3.00OA
2022
20021 70% 80% 90% 100%
Chief of Police ;;$ 120,516.67 $86,892.52 $ 99,305.74 $ 111,718.95 $124,132.17 3.00°
Finance Director $ 112,802 3$ $81,330.47 $ 92,949.11 $104,567.75 $116,186.38 3.00
Director of Public Works $ 112,802.31 $81,330.47 $ 92,949.11 $ 104,567.75 $116,186.38 3.00OA
Sergeants ;$ 869:g3 $71,350.33 $ 81,543.23 $ 91,736.14 $101,929.04 3.00
*The Agreement Specifies a 3.0%Annual Salary Increases For the Three Years-respectively AND
Any errors will be adjusted to comply with such terms.
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Teamsters - Supervisors
Appendix 1-Annual Base Salaries 2017-2019
%Base Wane
Year Increase
2017 2.75%
2018 2.75%
2019 2.75%
%channe
rh/sh— Column from
11or RererenceRelwence Previous
Only Wages for Contract Year
2017
2011 70% 80% 90% 100%
Chief of Police k,$ 104,719.41 $75,319.43 $ 86,079.35 $ 96,839.27 $107,599.19 2.75
Finance Director $ 98,016.303 $70,498.22 $ 80,569.40 $ 90,640.57 $100,711.75 2.75
Director of Public Works 98,016.3Q, $70,498.22 $ 80,569.40 $ 90,640.57 $100,711.75 2.75
Sergeants s:''$ 85,988.57` $61,847.28 $ 70,682.61 $ 791517.93 $ 86,853.26 2.75
2018
2017 70% 80% 90% 100%
Chief of Police $107,599.19 $77,390.72 $ 88,446.53 $ 99,502.35 $ 110,558.17 2.75
Finance Director $100,711.75 $72,436.92 $ 82,785.06 $ 93,133.19 $103,481.32 2.75
Director of Public Works ?:$ 100,711 75 $72,436.92 $ 82,785.06 $ 93,133.19 $103,481.32 2.75
Sergeants "$ 88,353.26 $63,548.08 $ 72,626.38 $ 81,704.68 $ 90,782.97 2.75
2019
70% 80% 90% 100%
Chief of Police $ 110,558.17 $79,518.96 $ 90,878.81 $102,238.67 $ 113,598.52 2.75
Finance Director -$ 103,481.32 $74,428.94 $ 85,061.65 $ 95,694.35 $ 106,327.06 2.75
Director of Public Works '4 103,481.32 $74,428.94 $ 85,061.65 $ 95,694.35 $ 106,327.06 2.75
Sergeants $ 9Qj78Z97 $65,295.65 $ 74,623.60 $ 83,951.56 $ 93,279.51 2.75
*The Agreement Specifies a 2.750/6/2.75%/2.75%Annual Salary Increases Forthe Three Years-respectively
A rrors will be adjusted to com I With such terms.
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APPENDIX B—Health Care Agreement 2020-20224q-2W
AFFIX AGREEMENT BEHI D THIS D A!TC
For the 2020-2022 Agreement, the terms and elements of the 2017-2019 Health
Care Agreement remains in place until amended.
The followinq paragraph is limited to an "understandin-g" between the City and the
Union, and for both parties to endeavor to make a -good-faith effort to explore
health care alternatives. Neither party is compelled to take any specific action at
the conclusion of any discussions should they commence.
The City and Unions are compelled to retain the current policies and cost divisions
until such time as the parties agree otherwise. However, due to continued cost
increases to both the City and Union Members, the parties shall collectively meet
over the course of 2020 to explore further options for health care savings
opportunities for 2021 and beyond. The objective is to determine if the parties are
able to discover and enable alternative policies or programs to its employees and
members that results in retaining quality coverages and yielding a reasonable cost
savings to both parties. All discussions are non-binding in nature until all parties
agree in writing to terms determined to be acceptable.
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FINAL FOR SIGNATURE
LABOR AGREEMENT
BETWEEN
THE CITY OF OAK PARK HEIGHTS
THE AMERICAN FEDERATION OF STATE,
COUNTY, AND MUNICIPAL EMPLOYEES,
DISTRICT COUNCIL 5,
LOCAL 517
January 1, 202047 through December 31, 202249
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CONTENTS
Article Section Title Estimated Paye
1 Purpose of Agreement ...................................................................................2
2 Recognition....................................................................................................2
3 Definitions......................................................................................................2
4 Employer Security.........................................................................................4
5 Employer Authority...................................................:...................................4
6 Union Security...............................................................................................4
7 Employee Rights—Grievance Procedure...................................................... 5
8 Savings Clause............................................................................................... 7
9 Seniority.................................................................... ................................. 7
10 Discipline....................................................................................................... 8
11 Work Schedule............................................................................................... 9
12 Overtime...................................................................................................... 10
13 On-Call/Call-Back..................................................................................... 10
14 Working Out of Classification...................:................................................. 11
15 Salary Schedule............................................................................................ 11
16 Holidays....................................................................................................... 11
17 Vacations..............................
18 Sick Leave.................................................................................................... 12
19 Bereavement pay.......................................................................................... 13
20 Insurance...................................................................................................... 13
21 Leaves of Absence....................................................................................... 14
22 Family and Medical Leave Act.................................................................... 14
23 Post Employment Health Care Savings Plan............................................... 15
24 Training and Tuition Reimbursement.......................................................... 15
25 Uniforms and Equipment............................................................................. 16
26 Safety........................................................................................................... 16
27 Severance Pay.............................................................................................. 16
28 Injury on Duty.............................................................................................. 16
29 Longevity and Educational Health&Wellness Incentive Pay.................... 17
30 Additional Vacation Day............................................................................. 18
31 Right of Subcontract.................................................................................... 19
32 Jury Duty...................................................................................................... 19
33 Deferred Compensation............................................................................... 19
34 Non-Discrimination..................................................................................... 19
35 Waiver.........................................................
36 Duration.......................................................................................................20
Appendix A: Salary Schedules
Appendix B: Health Care Agreement
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ARTICLE 1: PURPOSE OF AGREEMENT
This agreement is entered into as of January 1. 2020L7, between the City of Oak Park
Heights, hereinafter called the "Employer," and the American Federation of State, County,
and Municipal Employees, Council 5, Local 517,hereinafter called the"Union."
It is the intent and purpose of this Agreement to:
1.1 Assure sound and mutually beneficial working and economic relationships
between the parties hereto;
1.2 Establish procedures for the resolution of disputes concerning the Agreement's
interpretation and/or application;
1.3 Placed in written form the parties agrees upon the terms and conditions of
employment for the duration of this Agreement;
The Employer and the Union, through this Agreement, shall continue their dedication to
the highest quality of service to the residents of Oak Park Heights. Both parties recognize
this Agreement as a pledge of this dedication.
ARTICLE 2: RECOGNITION
2.1 The Employer recognizes the Union as the exclusive representative, under
Minnesota Statutes, Section 179A.03, Subd. 14 for all employees of the City of
Oak Park Heights, excluding supervisory, confidential, police personnel and
essential employees.
2.2 In the event the Employer and the Union are unable to agree as to the inclusion or
exclusion in the bargaining unit of a new or modified job class, the issue shall be
submitted to the Bureau of Mediation Services for determination.
ARTICLE 3: DEFINITIONS
3.1 Union: The American Federation of State, County and Municipal
Employees, Council 5, Local 517.
3.2 Union Member: A member of the American Federation of State, County
and Municipal Employees, Council 5, Local 517.
3.3 Full-Time Employee: A member of the exclusively recognized bargaining unit
who works a regular work schedule that averages forty (40) hours per week and is
hired for a non-specific duration by the employer.
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3.4 Part-Time Employee: A member of the exclusively recognized bargaining unit
who works a regular work schedule that is on average less than forty (40) hours
per week and more than fourteen (14) hours per week, or thirty-five percent
(35%) of the normal work week in the employee's bargaining unit, and is hired
for a non-specific duration by the employer. (MSA 179A.03, Subd. 14(Employer)).
3.5 Seasonal Employee: A member of the exclusively recognized bargaining unit
and is defined as a public employee under MN Statutes Section 179A,who works
a regular full or part-time schedule for a specific duration annually by EMPLOYER
and (1) who works more than sixty-seven (67) working days in any calendar year;
or (2) more than one hundred (100) working days in the calendar year and the
employees are under the age of twenty-two (22) years, are full-time students
enrolled in a non-profit or public education institution prior to being hired by the
EMPLOYER, and have indicated either in an application for employment or by
being enrolled at an educational institution for the next academic year or term, an
intention to continue as a student during or after their temporary employment.
(MSA 179A.03, Subd. 14(f)).
3.6 Temporary Employee: An individual hired for a specific duration (1) not to
exceed sixty-seven(67) working days in any calendar year; or(2) not for more than
one hundred (100) working days in the calendar year and the employees are under
the age of twenty-two (22) years, are full-time students enrolled in a non-profit or
public education institution prior to being hired by the EMPLOYER, and have
indicated either in an application for employment or by being enrolled at an
educational institution for the next academic year or term, an intention to continue
as a student during or after their temporary employment. (MSA 179A.03, Subd.
14(f)).
3.7 Call-in Employee: A person who is called in for specific projects and is hired for
a non-specific duration of employment and who is not working a regular work
schedule.
3.8 Employer: The City of Oak Park Heights.
3.9 Union Steward: Steward elected or appointed by the American Federation of State,
County and Municipal Employees, Council 5, Local 517.
3.10 Overtime: Work performed at the express authorization of the Employer in
excess of the employee's scheduled shift.
3.11 Shift: A consecutive work period including two (2) fifteen(15) minute rest breaks
and a thirty(30)minute lunch break.
3.12 Rest Break: Two (2) fifteen(15)minute periods during the scheduled shift.
I 3.13 Lunch Break: -A thirty(30)minute period during the scheduled shift.
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3.14 Strike:Concerted action in failing to report for duty, the willful absence from a
position, the stoppage of work, show-down or abstinence in whole or in part from
the full, faithful and proper performance of the duties of employment for the
purposes of including, influencing or coercing a change in the conditions,
compensation,rights,privileges, or obligations of employment.
3.15 Probationary Period: That six (6)month period of time from the employee's date
of hire until he/she becomes a regular employee.
3.16 Base Rate Pay: That wage rate paid to the employee, exclusive of such payments,
as overtime, longevity, educational incentive, fringe beneflts or premium payments.
3.17 Intern: An employee of the City of Oak Park Heights, who works on a temporary
basis for educational credit or experience and shall not be included in a union.
ARTICLE 4: EMPLOYER SECURITY
4.1 The Union agrees that during the life of this Agreement, it will not cause,
encourage, participate in or support any strike, slow-down or other interruptions of
interference with the normal functions of the Employer.
4.2 The Employer shall institute no lockout during the life of this Agreement, provided
the Union does not violate section 4.1 of this article.
ARTICLE 5: EMPLOYER AUTHORITY
5.1 The Employer retains the full and unrestricted right to operate and manage all
manpower, facilities and equipment; to establish functions and programs; to set and
amend budgets; to determine the utilization of technology; to establish and modify
the organizational structure to select, direct and determine the number of personnel;
to establish work schedules; and to perform any inherent managerial functions not
specifically limited by this Agreement.
5.2 Any term and condition of employment not specifically established by this
Agreement shall remain solely with the discretion of the Employer to modify,
establish or eliminate.
ARTICLE 6: UNION SECURITY
6.1 The Employer shall deduct from the wages of employees who authorize such a
deduction in writing, an amount necessary to cover monthly Union dues, or a fair
share deduction, as provided in Minnesota State Statues 179A.06, Subd. 3, if the
employee elects not to become a member of the Union. Such monies shall be
remitted as directed by the Union.
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6.2 The Union may designate employees from the bargaining unit to act as steward and
an alternate, and shall inform the Employer in writing of such choice and changes
in the position of steward and/or alternate.
6.3 The Employer shall make space available on the employee bulletin board for the
posting of Union notices and announcements.
6.4 The Union agrees to indemnify and hold the Employer harmless against any and all
claims, suits, orders or judgment brought or issued against the Employer as a result
of any action taken or not taken by the Employer under the provisions of this
article.
6.5 The Employer shall provide the Union with the names and addresses for all newly
hired Bargaining Unit employees at the time of hire.
6.6 The Employer shall deduct from the wages of employees who authorize such
deduction in writing, an amount designated by the employee for participation in the
Union's P.E.O.P.L.E. check-off program. Such monies shall be remitted as directed
by the Union.
ARTICLE 7: EMPLOYEE RIGHTS-GRIEVANCE PROCEDURE
7.1 Definition of a Grievance: A grievance is defined as a dispute or disagreement as
to the interpretation or application of the specific terms and conditions of this
Agreement.
7.2 Union Representatives: The Employer will recognize Representatives
designated by the Union as the grievance representatives of the bargaining unit,
having duties and responsibilities as established by this Article. The Union shall
notify the Employer in writing of the names of such Union Representatives and or
their successors when so designated, as provided in section 6.2 of this Agreement.
7.3 Processing of a Grievance: It is recognized and accepted by the Union and the
Employer that the processing of grievances as hereinafter provided is limited by the
job duties and responsibilities of the employees and shall therefore be accomplished
during working hours only when consistent with such Employee duties and
responsibilities. The aggrieved Employee and a Union Representative shall be
allowed a reasonable amount of time without loss in pay when a grievance is
investigated and presented to the Employer during normal working hours, provided
that the Employee and the Union Representative have notified and received the
approval of the designated supervisor who has determined that such absence is
reasonable and would not be detrimental to the work of the Employer.
7.4 Procedure: Grievance, as defined in section 7.1, shall be resolved in conformance
with the following procedure:
Step 1: An employee claiming a violation concerning the interpretation or application
of this Agreement, shall within twenty-one (21) calendar days after such alleged
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violation has occurred, present such grievance to the employee's supervisor as
designated by the Employer. The Employer designated representative will discuss
and give an answer to such Step 1 grievance within ten (10) calendar days after
receipt. A grievance not resolved in Step 1 and appealed to Step 2 shall be placed
in writing, setting forth the nature of the grievance, the facts on which it is based,
the provision(s) of the Agreement allegedly violated, the remedy requested and
shall be appealed to Step 2 within ten (10) calendar days after the Employer
designated representative's final answer in Step 1. Any grievance not appealed in
writing to Step 2 by the Union within ten (10) calendar days shall be considered
waived.
Sten 2: If appealed, the written grievance shall be presented by the Union and
discussed with the Employer's designated Step 2 representative. Submitting the
grievance to mediation preserves the timeliness for Step 3 of the grievance
procedure. Any grievance not appealed, in writing, to Step 3 by the Union within
ten(10) calendar days shall be considered waived.
Step 3: A grievance unresolved in Step 2 and appealed to Step 3 by the Union shall
be submitted to Arbitration, subject to the provisions of the Public Employment
Labor Relations Act of 1971, as amended. The selection of an arbitrator shall be
made in accordance with the "Rules Governing the Arbitration of Grievances" as
established by the Public Employment Relations Board.
7.5 Arbitrator's Authority:
A. The Arbitrator shall have no right to amend, modify, nullify, ignore, add to,
or subtract from the terms and conditions of this Agreement. The Arbitrator
shall consider and decide only the specific issue or issues submitted in
writing to the Employer and the Union and shall have no authority to make a
decision on any other issue not so submitted.
B. The Arbitrator shall be without power to make decisions contrary to, or
inconsistent with, or modifying, or varying in any way the application of
laws, rules or regulations having the force and effect of law. The
Arbitrator's decision(s) shall be submitted in writing within thirty (30)
calendar days following the close of the hearing or the submission of briefs
by the parties, whichever be later, unless the parties agree to an extension.
The decisions(s) shall be based solely on the Arbitrator's interpretation or
application of the express terms of this Agreement and to the facts of the
grievance presented.
C. The fees and expenses for the Arbitrator's services and proceedings shall be
borne equally by the Employer and the Union provided that each party shall
be responsible for compensating its own representatives and witnesses. If
either party desires a verbatim record of the proceedings, it may cause such
record to be made providing it pays for the recording. If both parties desire
a verbatim record of the proceedings,the cost shall be shared equally.
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7.6 Waiver: If a grievance is not presented within the time limits set forth above, it
shall be considered waived. If a grievance is not appealed to the next step within
the specified time limit or any agreed extension thereof, it shall be considered
settled on the basis of the Employer's last answer. If the Employer does not answer
a grievance or an appeal thereof within the specified time limits, the Union may
elect to treat the grievance as denied at that step and immediately appeal the
grievance to the next step. The time limit in each step may be extended by mutual
written agreement of the Employer and the Union at each step.
7.7 Election of Remedies: It is specifically understood that any matters governed by
statutory provisions or personnel rules, except as expressly provided for in this
Agreement, shall not be considered grievances under this Agreement. If by law an
appeal procedure, other than the grievance procedure contained herein is available
for the resolution of a dispute arising from any provision covered by this
Agreement and the aggrieved party pursues the dispute through such appeal
procedure provided by law, the aggrieved Employee(s) shall be precluded from
making an appeal under this grievance procedure.
ARTICLE 8: SAVINGS CLAUSE
8.1 This Agreement is subject to the laws of the United States, the State of Minnesota,
and the City of Oak Park Heights. In the event any provision of this Agreement
shall be held to contrary law or by a court of competent jurisdiction from whose
final judgment or decree no appeal has been taken within the time provided, such
provisions shall be voided. All other provisions of this Agreement shall continue in
full force and effect. The voided provisions shall be re-negotiated at the written
request of either party.
8.2 In the event the compensation provisions of this Agreement are found to be in
violation of the Minnesota Local Government Pay Equity Act by the
Commissioner, Department of Employee Relations, State of Minnesota, from
whose final decision and no appeal is taken, at the written request of either of them,
enter into negotiations to bring such provision(s) into compliance therewith.
ARTICLE 9: SENIORITY
9.1 Seniority shall be determined by the employee's length of continuous employment
with the City and posted in an appropriate location. Seniority rosters shall be
maintained by the Employer on the basis of time with the City and time within a
specific classification.
9.2 During the six (6) month probationary period, a newly hired or rehired employee
may be discharged at the sole discretion of the Employer. During the probationary
period, a promoted or assigned employee may be replaced in his/her previous
position at the sole discretion of the Employer.
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9.3 A reduction in the work force will be accomplished on the basis of seniority.
Employees shall be recalled from lay off on the basis of seniority. An employee on
lay off shall have an opportunity to return to work within two (2) years of the time
of his/her lay off before any new employee is hired.
9.4 Vacation period shall be selected on the basis of seniority until March 15' of each
calendar year.
9.5 Employees hired as full-time, seasonal employees earn pro-rated vacation and sick
leave pay. At the end of their season any unused vacation pay will be cashed out to
employee and any unused sick leave accrued will be banked to be added to next
season's accrual in the event that the employee is hired back for a second
consecutive season. Accumulated sick leave may not exceed six (6) days. In the
event the employee is not hired back for a second consecutive season the pro-rated,
accrued,unused sick leave will be lost.
ARTICLE 10: DISCIPLINE
10.1 The Employer will discipline employee(s) for just cause only. Discipline will be in
one or more of the following forms:
A. Oral reprimand;
B. Written reprimand'
C. Suspension;
D. Demotion; or
E. Discharge.
10.2 Suspensions, demotions and discharges shall be in written form.
10.3 Any discipline imposed shall be done in the privacy of the supervisor's office, and
not in public.
10.4 Written reprimands, notices of suspension and notices of discharge, which are to
become part of an employee's personnel file shall be read and acknowledged by
signature of the employee. Employee will receive a copy of such reprimand and/or
notice. Employee may submit a written explanation disagreeing with any
disciplinary action.
10.5 Employee may examine their own individual personnel file at reasonable times
under the direct supervision of the Employer.
10.6 Prior to discharge an employee, the Employer shall notify the employee and the
Union in writing that the employee is to be discharged, the reason(s) therefore, the
employee's right to a hearing in accordance with this Article, and the effective date
of discharge. The employee may request an opportunity to hear an explanation of
the evidence against him/her, and to present his/her explanation or issues and
circumstances related to the employee's discharge to the Employer's representative.
The employee is entitled to Union representation at such meeting, upon request.
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The right to such meeting shall expire at the end of the scheduled workday after the
Notice of Discharge is delivered to the employee, unless the Employer and the
employee agree otherwise. The employee shall remain in pay status during the time
between Notice of Discharge and the expiration of the meeting.
10.7 Employees will not be questioned concerning an investigation of disciplinary action
unless they have been advised that they have the opportunity to have Union
Representative present at such questioning.
10.8 Grievances relating to the Article shall be initiated by the Union in Step 2 of the
grievance procedure under Article 7.
ARTICLE 11: WORK SCHEDULE
11.1 The sole authority for work scheduled is with the Employer. The normal workday
for a full-time employee shall be eight (8) hours. The normal work week shall be
forty(40)hours, Monday through Friday.
11.2 The normal work year is two thousand and eight (2,080) hours, to be accounted for
by each employee through:
A. Scheduled hours or work in assigned shifts;
B. Assigned training;
C. Authorized leave time; or
D. Holidays.
11.3 Service to the public may require the establishment of regular shifts for some
employees on a daily, weekly, seasonal, or annual basis other than the employee's
normal workday. The Employer shall give seven(7) days advance written notice to
the employee(s) affected by the establishment of workdays different from the
employee's normal workday.
11.4 In the event that work is required because of unusual circumstances such as (but not
limited to) fire, flood, snow, sleet or breakdown of municipal equipment or
facilities, no advance notice need be given. It is not required that an employee
working other than the normal workday be scheduled to work more than the
workday; unless, per their job description, they are required to call-backs in their
departments.
11.5 Service to the public may require establishment of regular work weeks that
schedule work on Saturdays and/or Sundays.
11.6 Nothing contained in this or any other article shall be interpreted to be a guarantee
of a minimum or maximum number of hours the Employer may assign employees.
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ARTICLE 12: OVERTIME
12.1 Employees will be compensated at one and one-half(1-1/2) times the employee's
regular rate of pay for hours in excess of the employee's regularly scheduled shift.
Compensated leave, consisting of work hours, vacation hours, sick leave hours and
holiday hours shall be considered hours worked for the purpose of this Article.
12.2 For the purpose of computing overtime compensation, overtime hours worked shall
not be pyramided, compounded or paid twice for the same hours worked.
12.3 Overtime shall be calculated to the nearest fifteen (15) minutes. Any time worked
over eight(8)hours a day and forty hours per week will be considered overtime.
12.4 Employees shall be entitled to take compensatory time in lieu of overtime pay, for
hours worked over eight(8) hours per day, forty (40)hours per week, subject to the
prior review and approval of their supervisor. Compensatory time shall be taken in
the calendar year earned, and shall not be carried over to the subsequent year.
Compensatory time may be accrued up to a maximum of forty hours. Unused
compensatory time shall be cashed out on the first pay period of each year.
ARTICLE 13: ON-CALL/CALL-BACK
13.1 On-Call:
13.La. Public Works employees will regularly rotate being on-call during
weekends and holidays and shall receive (1) hours overtime for each
day the employee is considered to be on-call. On-call pay is in
addition to call-back pay.
13.Lb. Public Works Employees shall receive on-call pay for weekends,
holidays, or when designated as the Public Works Emergency
Contact. Normally this duty is the responsibility of the Public
Works Director. Employees need to be told they are on-call.
13.2 Call-Back:
13.2.a. A Public Works employee who is called back to duty during his/her
scheduled off-duty time shall receive a minimum of two (2)hours
pay at one and one-half(1-1/2)times the employee's regular rate of
pay. Call-back which takes more than two (2)hours shall
be compensated at one and one-half(1-1/2)time the employee's
regular rate of pay.
Regular weekend Public Works duties such as pump checks shall be
compensated with three(3)hours pay for such work.
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13.2.b. An extension or early report to a regularly scheduled shift for duty
does not qualify the employee for the three(3)hours minimum call-
back pay.
13.2 Shift Differentials: In addition to the established rates of pay, the Employer shall
pay an hourly premium of$1.25 to all employees for all hours worked outside the
normally scheduled work shift, when the employee works at least four (4) hours
within that time span. Employees requesting work shifts outside the normally
scheduled work shift are not eligible for shift differential.
ARTICLE 14: WORKING OUT OF CLASSIFICATION
14.1 Employees assigned by the Employer to assume the full responsibilities and
authorities of a higher job classification for ten (10) or more working days shall
receive the salary schedule of the higher classification. The additional pay begins
after the tenth(10')working day.
ARTICLE 15: SALARY SCHEDULE
15.1 The salary schedule for employees under this Contract as set forth in Appendix A,
subject to Article 15.2.
15.2 Full-time, seasonal employees will progress through the pay scale based on
accumulated hours worked from season to consecutive season worked.
15.3 Wages shall increase by 2—.753_0% for 20204 , 3_05% for 20214 and 2.950/o
for 20224.3 effective January 1 of each year. (See Appendix A).
ARTICLE 16: HOLIDAYS
16.1 Employer grants to each employee twelve (12) paid holidays per year, including
one (1) floating holiday as selected by the employee and subject to the approval of
their supervisor.
Paid holidays being as follows:
New Year's Day Veteran's Day
Martin Luther King Jr. Day Thanksgiving Day
President's Day Day after Thanksgiving Day
Memorial Day Christmas Eve
Independence Day Christmas Day
Labor Day
(1)Floating-Employee selected, subject Supervisor approval
16.2 Should a two-day holiday fall partially or fully on a weekend, those holidays shall
be taken the day preceding the first holiday and the next workday following the
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second holiday. If Christmas Eve falls on a Friday, the Christmas Day holiday will
be observed on the following Monday.
16.3 Any employee required to work on a holiday listed in section 16.1 shall receive an
additional one-half(1/2) time pay for all hours worked on that shift in addition to
regular pay and holiday pay.
ARTICLE 17: VACATIONS
17.1 The Employer grants to each employee paid vacation as per the following schedule:
Years of Service Vacation Days Granted Per Year
0-5 10 working days (5/6 day per month)
6-10 15 working days(1-1/4 day per month)
11-15 20 working days(1-2/3 day per month)
16+ One(1) additional day/year to max of 25 days/year
17.2 Employees shall earn vacation during the probationary period, but shall not use
vacation leave without the approval of the Employer.
17.3 Employees shall accrue vacation leave to a maximum of-328 working hours after
which such hours shall be forfeited by the Employee.
17.4 Vacation leave may be used as earned, provided that the Supervisor shall approve
the requested time.
17.5 Any employee leaving City employment shall receive unused accumulated vacation
leave if said employee has given proper notice of fourteen(14)days.
17.6 In addition to the vacations set forth in section 17.1, after two (2)years service with
the City,regular employees shall be granted two (2) days personal leave with pay to
take care of personal business that can only be taken care of during normal working
hours. Said leave will be non-accumulative and subject to the prior approval of the
supervisor.
ARTICLE 18: SICK LEAVE
18.1 The Employer grants to each employee paid sick leave at the rate of one(1) day per
month for each month of employment, or major fraction thereof.
18.2 Employees shall earn sick leave during the probationary period, but shall not use
sick leave without the approval of the Employer.
18.3 Employees that utilize sick leave for more than three consecutive work days shall
provide evidence of such illness via the provision of medical doctor's written
communication to the City confirming such illness and when the employee is
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anticipated to return. This documentation must be provided prior or concurrently
with the employee returning to work.
18.4 Each employee, in order to be eligible for sick leave pay, shall report to the
supervisor or his /her duly appointed assistant at his/her office, prior to the start of
his/her scheduled shift, the reason for the use of the sick leave.
18.5 Each employee shall keep the department informed of his/her condition if an
absence is more than one(1) day.
18.6 For serious illness in the immediate family, sick leave shall be granted for a period
not to exceed three(3)working days,with prior approval from the department head.
Immediate family shall be defined under this clause as husband, wife, son,
daughter, father, mother, sister, brother, father or mother-in-law, step-father, step-
mother, step-sister, step-brother, step-daughter or step-son.
ARTICLE 19: BEREAVEMENT PAY
19.1 When necessary, and upon approval by the Employer,up to five(5)days of sick
leave, with pay may be used in case of death in the family. The degree of
relationship includes husband,wife, son, daughter, father,mother, sister,brother,
father or mother-in-law, stepfather, stepmother, stepsister, stepbrother, step-
daughter or stepson.
ARTICLE 20: INSURANCES
20.1 HEALTH PLANS:
See Appendix B.
See Appendix C. relating to non-binding discussions for future Health Care options
20.2 DENTAL PLANS:
The City shall execute an agreement with Delta Dental (or other competent
provider) that is anticipated to offer dental coverage benefits and at rates found as
are/were in effect as of December, 2016 and would be prospectively effective from
January 1 st 2017 through December 31 st,2019.
For such dental coverages offered through 2016, the Employee shall pay thirty
(30%)percent toward the premium of Family Annual Dental Insurance and twenty-
four (24%) percent toward the premium of Single Dental Insurance. The Employer
shall pay the balance of the premium not paid by the employee. These percentages
shall continue to remain in effect through December 31 st,2019.
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As rates and or plan changes become available, typically in the 4th Quarter of each
year, the City shall attempt in good-faith to provide reasonable notice prior to any
discontinuation, changes or possible supplementation of any coverages for any
prospective year. The Union shall also regularly communicate with City staff so as
to also monitor possible benefit changes, their timelines and impacts. The City shall
have the right to amend the coverage plans the City deems reasonably necessary to
ensure plan or coverage continuity, but such changes may not materially alter the
coverages offered nor the cost share allocations.
20.3 The City shall provide a minimum life insurance policy of $50,000.00 for all
eligible employees and pay the monthly premiums.
ARTICLE 21: LEAVES OF ABSENCE
21.1 Personal Leave of Absence: Upon request of any employee, a leave of absence
without pay may be granted by the City Administrator. Such leaves of absence
shall not exceed a period of ninety (90) calendar days, provided that the leave may
be extended beyond such period if the leave of absence is for continued disability,
or other good and sufficient reasons, but in no case exceed one (1) year. Leaves of
absence for medical reasons shall be granted with continued medical with continued
medical, health and dental contributions being made by the City for a period up to
ninety (90) calendar days. After ninety (90) calendar days and up to one (1) year,
group insurance shall be available to employees at employee's expense.
ARTICLE 22: FAMILY AND MEDICAL LEAVE ACT
22.1 An employee must have been employed by the City for at least twelve (12) months
and have worked at least one thousand two hundred and fifty (1,250) hours in the
twelve (12) months preceding the commencement of the leave. An eligible
employee is entitled to twelve (12) weeks leave during any twelve (12) month
period commencing with the first date family or medical leave is taken for the
following reasons:
A. Birth of a son or daughter or placement of a son or daughter for adoption or
foster care. Such leave may be taken within twelve (12) months after birth
or placement. There is no maximum age limit for adoption or foster care
placement
B. To care for a spouse, son, daughter, or parent who has a serious health
condition.
C. Because of a serious health condition making the employee unable to
perform the essential functions of their positions.
Thirty (30) days written notice is required if the leave is foreseeable. Health insurance
coverage will be maintained at the same level and under the same terms as if the employee
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continued working. Arrangements for payment of the employee's portion of the premium
must be made by the employee through the personnel office. Family and medical leave
may be taken in increments up to the full twelve (12) weeks and as small as one (1) hour,
depending on the circumstances. Employees are eligible to draw down accumulated sick
leave and vacation leave while on FMLA leave. After, FMLA leave shall be without pay.
ARTICLE 23: POST EMPLOYMENT HEALTH CARE SAVINGS PLAN
23.1 The City will maintain a Post-Retirement Health Insurance Plan consistent with State
and Federal regulations. All costs and responsibilities associated with such plan shall
be paid in full by the Employees. At no-time shall this plan and its benefits become the
financial responsibility of the Employer. The Employees shall provide the City with its
desired selections.
ARTICLE 24: TRAINING&TUITION REIMBURSEMENT
24.1 The Department Head will post announcements of those special training schools to
which employees may be sent. Selection of attendees will be made by the
supervisor. In addition, employees may request to attend training to their
supervisor. The supervisor and the City Administrator will approve or deny all
training requests. The City shall pay the training costs, including the employee's
salary, mileage, parking fee, if any, and meals if employee is unable to leave the
training location for meal break while attending the approved training. If training is
out of town, the City shall pay for meals and lodging in addition to the above listed
expenses. The City will pay for those classes necessary to maintain such
certifications as are required by the job.
24.2 The City shall reimburse one hundred percent (100%)__of an employee's cost for
tuition for educational classes. Tuition shall be defined as those fees specifically
defined as tuition and fees defined as part of tuition by a learning institution and
non-negotiable by the student. Fees outside of those determined as part of the
tuition fee and related fees, per credit shall not be deemed tuition and shall not be
reimbursed.
24.3 For any AFSCME employees hired after December 31', 2010,the tuition
Reimbursement shall be capped at fifty percent(50%). This 50% cap shall apply to
any AFSCME employee(s)that is not employed in a regular, full-time position with
the City as of December 31', 2010.
24.4 Reimbursement is subject to the following conditions:
A. Employees must have the approval of their supervisor to take any classes for
which tuition reimbursement is requested;
B. Employees must present written proof through a report card or similar
method that he/she has passed the class, with a grade of"C" or higher or the
equivalent.
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C. Reimbursement will occur after the employee has presented proof of grade
and/or passing to his/her supervisor.
D. Education must be job related.
ARTICLE 25: UNIFORMS & EQUIPMENT
25.1The City shall provide all necessary uniforms and equipment as needed to carry out
the required duties for the City.
25.2 Uniforms damaged in the course of employment requirements shall be replaced by
the City at no cost to the employee
ARTICLE 26: SAFETY
26.1 The Employer adheres to the principle that employees should work in a safe
environment. Accordingly, each employee has an obligation to observe safe
working practices and to alert his/her supervisor to the existence of safety hazards.
The City has an obligation to provide a safe work environment for employees
which adhere to OSHA standards.
ARTICLE 27: SEVERANCE PAY
27.1 Upon retirement, being disabled so that employment must be terminated, or for
termination of employment for reasons other than for cause, permanent employees
who have completed 10 years of service with the City shall be entitled to 50% of
the unused sick leave as severance pay. The severance payment shall not exceed a
maximum of 75 days upon separation. In the case of employee's death, the
beneficiaries of the deceased employee shall be entitled to 100% of the severance
pay the deceased employee was entitled to at the date of his/her death.
27.2 In the event of a retirement from City employment by the employee, the employee
shall provide thirty (30) calendar days to the City. Should the employee not be able
to comply with this provision, the employee shall provide the City a written
statement as to why compliance is not reasonably possible.
ARTICLE 28: INJURY ON DUTY
28.1 Any employee injured on duty shall receive up to twelve (12) months pay, without
loss to any accrued sick leave or vacation leave,provided as follows:
A. The employee reports the injury as soon as possible to the supervisor;
B. The injury is of a nature which is covered by Worker's Compensation;
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C. If requested and paid for by the Employer, the employee shall submit to an
examination by a competent medical practitioner, including drug and
alcohol screening; and
D. The employee shall report the annual amount of Worker's Compensation to
the Employer. The Employer shall pay the employee the differences
between Worker's Compensation and the employee's regular salary.
ARTICLE 29: LONGEVITY & EDUCATIONAL / HEALTH & WELLNESS
INCENTIVE PAY
29.1 The Employer agrees to pay longevity pay as per the following:
A. Effective January 1, 1985:
After four(4) years of service 3%of salary per month
After eight(8)years of service 5%of salary per month
After twelve(12)years of service 7%of salary per month
After sixteen(16)years of service 9%of salary per month
B. Commencing in 2020 and continuing through 202241, the City will offer
employees who receive Longevity Pay, an opportunity to earn an additional
one percent (1%) in base salary per month if they pass and maintain the
qualifications for a wellness program as established by the Employer for
other employees, which includes: standardized fitness testing (using the
APFT Standards), and application of related weight charts. Failure to meet or
maintain the wellness program requirements set forth by the Employer shall
result in revocation of the 1% additional pay for twelve (12) months unless
the duration is shortened by the City. Any Longevity employee who seeks
this additional wellness incentive must also meet and comply with any "no
smoking/non-tobacco" use provision similar to non-longevity employees.
Failure to comply with the "no-smoking/ non-tobacco" use provision will
result in the revocation of the additional 1% wage incentive. Unless agreed
upon in writing by the City, the benefits conveyed in this paragraph shall
automatically sunset and terminate on December 31 st,202241.
C. If an employee is smoke/tobacco free, he/she is entitled to one percent (1%)
of his/her base salary per month. If an employee uses tobacco, he/she shall
lose the I% incentive but shall also lose one percent (I%) of his/her salary
per month for at least one month and continuing thereafter until the
Employee provides written documentation to the City that they are
smoke/tobacco free.
I D. Q—A maximum of ten percent (10%) additional pay may be earned
through the longevity and the additional wellness incentive pay or any
combination thereof.
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I ? As an alternate to longevity pay, the Employer agrees to pay an
educational/health I I and wellness incentive pay as per the following:
Years of Post-High School Education Salary Per Month Total
After one(1)year 2% 2%
After two (2)years 2% 4%
After three(3)years 2% 6%
After four(4)years 2% 8%
A. The Employer agrees to pay an additional two percent (2%) if an employee
receives a Master's Degree or completes an additional sixty (60) hours of
accredited course work per year.
B. At such time an employee achieves fifty percent (50%) of the next year's
goal, the employee would be entitled to the next percentage of salary
increase (i.e., the employee who achieves 2-1/2 years of post-high school
education is therefore entitled to six percent(6%) of salary per moth).
f C. Fitness Pay: The physical tests shall consist of push=ups, sit ups and the
two (2) mile run, according to current APFT Standards (Army Physical
Fitness Test). The employee must complete each test with at least the
minimum score for his/her age group and gender. A comparable alternative
test would be allowed if an employee could not do a particular test due to a
specific injury. Completion of all three (3) physical tests with at least a
passing minimum score and meeting required height/weight standards
would entitle the employee to one percent(1%) of his/her salary per month.
D. Wellness Pay: If an employee is smoke/tobacco free, he/she is entitled to
one percent (1%) of his/her base salary per month. If an employee uses
tobacco, he/she shall lose the 1% incentive but shall also lose one percent
(1%) of his/her salary per month for at least one month and continuing
thereafter until the Employee provides written documentation to the City
that they are smoke/tobacco free.
E. If an employee selects the educational / health and wellness incentive as
outlined above, that choice is irrevocable and the employee would no longer
be entitled to receive longevity incentive pay.
F. A maximum of ten percent (10%) additional pay may be earned through the
educational/health and wellness incentive pay.
ARTICLE 30: ADDITIONAL VACATION DAY
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30.1Any employee that maintains a sick leave balance of one hundred(100)days annually
shall receive one(1) additional day of vacation pay per year.
ARTICLE 31: RIGHT OF SUBCONTRACT
31.1 Nothing in this Agreement shall prohibit or restrict the right of the Employer from
subcontracting work performed by employees covered in this Agreement. No
bargaining unit employees shall be laid off as a result of any decision to contract
work performed by bargaining unit employee; however, the Employer may contract
bargaining unit work if an employee leaves City employment.
ARTICLE 32: JURY DUTY
32.1 In the event an employee covered by this Agreement is called for jury duty or
subpoenaed to appear as a witness in court, the employee shall give the Employer
any payment received (less any meal or mileage allowance) in exchange for full
wages from Employer for any days the employee served on jury duty.
ARTICLE 33: DEFERRED COMPENSATION PLAN
33.1 The City at its sole discretion, may offer a deferred compensation or retirement plan
which is created due to the sole contribution of the employees of the City within a
fund to be administered by the City or its designees pursuant to state and federal
law. Any participating employee acknowledges that there is inherent risk of
financial loss in the use of a deferred compensation plan and its related investments.
Any employee who selects to participate in such plan does so at his/her sole risk.
The City does not guaranty any specific rate of return.
ARTICLE 34: NON-DISCRIMINATION
34.1 No employee shall be discriminated against under the provisions of this
Agreement by either the Employer or Union on any basis prohibited by law.
34.2 This Agreement shall comply with the Americans with Disabilities Act.
ARTICLE 35: WAIVER
35.1 Any an all prior agreements,resolutions,practices,policies,rules and regulations
regarding terms and conditions of employment to the extent inconsistent with the
provisions of the Agreement are hereby superseded.
35.2 The parties mutually acknowledge that during the negotiations, which resulted in
this Agreement, each had the unlimited right and opportunity to make demands and
proposals with respect to any term or condition of employment not removed by law
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i
from bargaining. All agreements and understandings arrived by the parties are set
forth in writing in this Agreement for the stipulated duration of this Agreement.
The Employer and the Union each voluntarily and unqualifiedly waive the right to
meet and negotiate regarding any and all terms and conditions of employment
referred to or covered in this Agreement or with respect to any term or condition of
employment not specifically referred to or covered by this Agreement, even though
such terms and conditions may not have been within the knowledge or
contemplation or either or both parties at the time this Agreement was negotiated or
executed.
ARTICLE 36: DURATION
I 36.1 This Agreement shall be in effect from January 1, 20204-7 and shall remain in full
force and effect until December 31,202249 or until a new contract is signed with
the exclusive representative of the Employer.
For
For
CITY OF OAK PARK HEIGHTS AFSCIVIE COUNCIL 5,LOCAL 517
Mary McComber, Mayor Suzanne Kocurek, Field
Representative
Nur D.Nur, East Region Field
Director
Eric Johnson, City Administrator❑ Julie A. Hultman,Union Steward
Page 95 of 230
APPENDIX A: SALARY SGIREIDUL
APPENDIX A: SALARY SCHEDULES
Page 96 of 230
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Page 97 of 230
APPENDIX B—Health Care Agreement 2020-20220'
Afft Agreement behind this pagew.
For the 2020-2022 Asreement. the terms and elements of the 2017-2019 Health Care
Agreement remains in place until amended.
Page 98 of 230
APPENDIX C Relating to non-binding,discussions for future Health Care options.
The following paragraph is limited to an "understanding"between the City and the Union;
and for both parties to endeavor to make agood-faith effort to explore health care
alternatives Neither party is compelled to take any specific action at the conclusion of any
discussions should they commence.
The City and Unions are compelled to retain the current policies and cost divisions until
such time as the parties a ee otherwise. However due to continued cost increases to both
the Cites and Union Members the parties shall collectively meet over the course of 2020 to
explore further options for health care savings opportunities for 2021 and beyond. The
objective is to determine if the parties are able to discover and enable alternative policies or
programs to its employees and members that results in retaining quality coverages and
yielding a reasonable cost savings to both parties.
All discussions are non-binding in nature until all parties agree in writing to terms
determined to be acceptable.
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Page 100 of 230
4�)
Oak Park Heights
Request for Council Action
Meeting Date February 25th,2020
Time Required: 1 minute
Agenda Item Title: A rove Salary AdJuAwmt for Exempt Em to ees
Agenda Placement Consent A e a
Originating Department/Req sto Jo on Ci Administrator
Requester's Signature
Action Requested A rove Ad'ustments for Exem t Em to ees for 2020 effective 1/1/20.
Background/Justification ease indicate if any previous action has been taken or if other public
bodies have advised):
Typically, the City Council considers a wage adjustments on an annual basis for exempt (non-
represented employees). The Action requested at this time is to approve a 3.0%wage increase for the
City Clerk and the Accountant II positions. The 2020 Budget as currently proposed does have adequate
funding for 3.0%increase and is expected to mirror increases for other employees found in Unions.
In addition,these positions would similarly follow the health care contribution increases and cost sharing
by the represented employees. Based on 2019 LMC Salary Survey data., these positions are generally
above the average of their metro peers, but are not unreasonably out of line with the current market
conditions and—I believe-what is commensurate with their total roles the City expects them to continue
to perform.
2011 was 0.0%
2012 was 1.5%.
2013 was 3.0%
2014 was 3.0%
2015 was 2.75%
2016 was 2.75%
2017 was 2.75%
2018 was 2.75 %
2019 was 2.75%
2020 3.0%PROPOSED
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Page 102 of 230
Oak Park Heights
Request for Council Action
Meeting Date February 25a',2020
Time Required: 1 Minutes
Agenda Item Title: Code Red—Mass Notification Svstem—Joint Powers Agreement
Agenda Placement Consent A ends
Originating Department/Request _ Ina 94�citv Administrator
Requester's Signature
Action Requested A ove"Cod ed"A reement with Washington CgUnly Sheriff's
Office—2020 022
Background/Justification(Please ' dicate if any previous action has been taken or if other public
bodies have advised):
The City has participated in the Mass Notification System by which a phone bank would be able to make
numerous phone calls alerting City residents of a particular emergency. This system,called CODE RED,
again would be to issue emergency notifications based on a delimited area as defined by the City.The
total cost to the County to offer this system is $33,750+/-and the County is seeking the City to pay a
proportionate share of this cost based on population of the entire County,and which is approximately
1.9%.
When used for emergency purposes the City's annual fee for 2020—2022 is anticipated to be$341.04
annually and is based on per capita cost of$.078 per person.In addition,the City could pay an additional
$.25+/-per minute for NON-EMERGENCY calls,such as to inform residents about a particular matter,
such as a sudden change or hiccup in garbage collection days. The City will however want to use the
notifications sparingly and only in meaningful circumstances.
Recommendation: Approve the Joint Powers Agreement with Washington County entering into the
CODE RED system from 1/1/2020 thru 12/31/2022
Page 103 of 230
Wa�Wngton Office of the Sheriff. 7
� 6
�Ounty Commitment to Excellence Nf
�y
Dan Starry
County Sheriff
Brian R. Mueller
y Chief Deputy
S
January 31, 2020 3o "P« "`-
I have enclosed one Joint Powers Agreement with the Washington County Sheriff's Office. Please
review and obtain the appropriate signature. Please return the signed agreement by mail at your earliest
convenience to Ronda Anderson. I will send you a fully executed copy upon Washington County's final
signature. If you would like an electronic copy versus a hardcopy, please contact me by the phone
number or email listed below.
Any questions or concerns,just let me know.
Sincerely,
Ronda Anderson
Washington County Sheriff's Office
15015 621d Street North
PO Box 3801
Stillwater, MN 55082
PhQDe: 651-430-7979
Email: ronda.anderson@co.washington.mn.us
Law Enforcement Center•15015 62nd Street North•P.0.Box 3801•Stillwater,MN 55082-3801
Telephone:651-430-7600• Fax:651-430-7603•TTY:651-430-6246
www.co.washington.mn.us Page 104 of 230
Washington County is on equal opportunity organization and employer
JOINT POWERS AGREEMENT BETWEEN THE WASHINGTON COUNTY SHERIFF'S
OFFICE AND THE CITY OF OAK PARK HEIGHTS
THIS AGREEMENT is made by and between political subdivisions organized and existing under
the Constitution and laws of the State of Minnesota. Washington County a political subdivision
by and through its Sheriff's Office (hereinafter"Provider") and the City of Oak Park Heights,
Minnesota, a municipal corporation, (hereinafter referred to as the "City") are the parties to this
agreement.
WHEREAS, both political subdivisions through their law enforcement agencies manage threats
to public health and safety.
WHEREAS, Minnesota Statutes Section 471.59 provides that two or more governmental units
may by Agreement jointly exercise any power common to the contracting parties.
WHEREAS, The Provider has entered into a contract with OnSolve, LLC, formerly Emergency
Communications Network (ECN), for the purpose of providing a Mass Emergency Notification
System also known as Code Red.
WHEREAS, The provider has agreed to purchase 150,000 minutes from Emergency
Communications Network for the purpose of sending Mass Emergency Notifications to home,
business or cell phones.
WHEREAS, the Provider has agreed to purchase the Mass Emergency Communication system
to assist agencies within Washington County provide necessary emergency and non-
emergency mass notifications.
WHEREAS, The City is in need of having the ability to communicate with the public in a timely
fashion during both emergency and non-emergency situations.
WHEREAS, At the request of the City, the Provider is willing to provide a Mass Emergency
Notification System.
NOW THEREFORE, Pursuant to the authority contained in Minnesota Statute Section 471.59.
commonly known as the Joint Powers Act which authorizes two or more governmental units to
jointly exercise any power common to them and /or Minnesota Statutes Sections 626.76 and in
consideration of the mutual covenant herein contain and the benefits that each party hereto
shall derive hereby the Provider and City agree to the following terms and conditions.
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PURPOSE
The purpose of this joint powers agreement is set forth in the recitals contained in the
above whereas clauses which are incorporated by references if fully set forth herein.
CITY'S RESPONSIBILITIES
1. When needed, the City's representative shall be able to utilize the Mass Emergency
Notification Communication System by notifying the Washington County Sheriff's Office
911 PSAP for Emergency Notifications. Emergency Notifications are those that are
related to public safety as defined in the Code Red Policy. The 150,000 minutes
purchased by the provider will be used for all Emergency Notifications at no additional
cost to the City.
2. The City agrees to pay the Provider$341.04 for the purpose of purchasing its
proportionate share of 150,000 Emergency Notification minutes per year.
3. The City will conform to any Policy developed by Provider related to the use and
maintenance of Code Red.
4. The City's representative shall be responsible for determining the content of any
Emergency Notification message in addition to the geographic area the message is to be
sent.
5. The Washington County 911 PSAP Center personnel will assist in preparing Emergency
Notifications as defined in the Code Red Policy and will be responsible for initiating the
call procedures through Code Red at the direction of the City's authorized
representative.
6. The City's representative will be responsible for sending any General Notifications, as
defined in the Code Red Policy, through a web based server. General Notification
minutes used will be paid by the City to the Provider at an additional contracted rate of
.25 per minute. Those funds will be retained by the provider for the sole purpose of
purchasing minutes on the Code Red System.
7. For every additional year this agreement is extended the Provider will invoice the City at
a rate of$ 341.04 per year for emergency notification minutes.
Page 106 of 230
8. City will be responsible for the payment of additional year(s) extension upon receipt of
the invoice from the Provider.
PROVIDER'S RESPONSIBILITIES
1. Provider agrees to enter into a contract with OnSolve for the purchase of 150,000
minutes of the Code Red Mass Notification System in 2020.
2. Provider will develop a policy related to the use and maintenance of the Code Red
System.
3. Provider will assign an employee as the Code Red System administrator.
4. Provider agrees to train the 911 PSAP personnel in the operation of the Code Red
System.
5. Provider agrees to train the City representative in the use of the Code Red System.
6. The Provider will test the Code Red System to ensure the system is operating properly.
7. The Provider will monitor the number of minutes used by all agencies to ensure there is
sufficient number of minutes available in the event of an emergency.
TERM OF AGREEMENT
The initial Term of this Agreement shall be from January 01, 2020 and ends December 31,
2022, the date of the signature of the parties notwithstanding, unless earlier terminated in
accordance with the termination clause. After the initial Term, this Agreement will automatically
renew for 2 additional one year periods with the final termination date of December 31 st 2024,
unless the automatic extension is cancelled by the City in accordance with the termination
clause.
PAYMENT
The City shall pay the Provider within 30 days of being invoiced for the City's annual portion of
the Code Red System or for any General Message minute usage.
INDEPENDENT CONTRACTOR
It will be agreed that nothing within.the contract is intended or should be construed in any
manner as creating or establishing the relationship of co-partners between the parties or as
constituting the City as the agent, representative, or employee of the Provider for any purpose
or in any manner whatsoever.
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ASSIGNMENT
The City shall not assign any services contemplated under this agreement.
RECORD DISCLOSURES/MONITORING
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 and make available these records for a period of six years from the date of
termination of this agreement.
INDEMNIFICATION
a. The City agrees it will defend, indemnify and hold harmless the Provider, its officers and
employees against any and all liability, loss, costs, damages, and expenses which the
Provider, its officers, or employees may hereafter sustain, incur, or be required to pay
arising out of the negligent or willful acts or omissions of the City in the performance of
this agreement.
b. The liability of the parties under this agreement shall be governed by Minnesota Statutes
section 471.59 subdivision 1 a. Each party to this agreement shall be liable for its own
acts or omissions and shall not be liable for the acts or omissions of any other party to
this agreement.
INSURANCE REQUIREMENTS
The City agrees that in order to protect itself, as well as the Provider, under the indemnity
provisions set forth above, it will at all times during the term of this Agreement, keep in force the
following insurance protection in the limits specified:
1. Maintain membership and participation in the Minnesota League of Cities Trust or
Commercial General liability Insurance with contractual liability coverage in the amount
of the City's and Provider's tort liability limits set forth in Minnesota Statute Section
466.04 and as amended from time to time.
2. Automobile coverage in the amount of the City's and Provider's tort liability limits set
forth in Minnesota Statute Section 466.04 and as amended from time to time.
3. Worker's Compensation in statutory amount.
Prior to the effective date of this Agreement, the City will furnish the Provider, with certificates of
insurance as proof of insurance. This provision shall be set as a condition subsequent; failure to
abide by this provision shall be deemed a substantial breach of contract.
Any policy obtained and maintained under this clause shall provide that it shall not be cancelled,
materially changed, or not renewed without thirty days notice thereof to the Provider.
DATA PRACTICES
Page 108 of 230
All data collected, created, received, maintained, or disseminated for any purposes by the
activities of the contractor, because of this agreement, is governed by the Minnesota
Government Data Practices Act, Minnesota Statutes Chapter 13, as amended, the Minnesota
Rules implementing such Act now in force or as adopted, as well as federal regulations on data
privacy. For purposes of this agreement each party shall remain the Responsible Authority for
all data it generates or creates as part of this agreement.
TERMINATION
a. Provider may cancel this Agreement with or without cause at any time upon giving a 30
days written notice to the City Administrator or designee. The City may cancel this
Agreement with or without cause at anytime upon giving a 30 days notice to the
Washington County Sheriff or designee. No monies paid will be refunded to the City
upon termination of this contract.
b. During the initial or subsequent term if the City does not want to exercise the automatic
one year renewal, it must provide written notice of such to Provider at least 90 days prior
to December 3151 of the current year.
c. If Provider does not renew its contract with OnSolve for 150,000 minutes of the Code
Red Mass Notification System for years 2020, 2021 and or 2022, the Provider will notify
the City 30 days prior to December 31 st 2019, December 31 st 2020 or December 31 st
2021 respectively.
WASHINGTON COUNTY OAK PARK HEIGHTS
BY: DATE: BY: DATE:
County Board Chair
BY: DATE:
County Administrator
10BY: `�'`�� DATE: I/X/°W
Sheriff
Approved to as form]
Asst County At rney
Page 109 of 230
THIS PAGE INTENTIONALLY LEFT BLANK
Page 110 of 230
Oak Park Heights
Request for Council Action
Meeting Date February 25, 2020
Time Required: 1 Minute
Agenda Item Title: Summer Park Pro 'n 2020—Position&Events
/// h Z
Agenda Placement Consent A e a
Originating Department/Requeot
Ci Administrator
Requester's Signature 1)�I ;flvll
Action Requested Ap ve SuV66r Park Programming for 2020 including Staff hiring.
more detai low
Background/Justification(Pl se indicate if any previous action has been taken or if other public
bodies have advised):
The 2020 budget for Summer Park Programming is $17,000; $8,000 proposed for wages ($500 of
which for other staff help)with the balance of$9,000 for operations and events—The amounts are the
same as 2020.
Because this is a"salary"the City would not specifically monitor hours required to complete the
events,rather the Event Coordinator is required to input the necessary hours to successfully execute
these events. (There are not anticipated PERA contributions with this position).
I have enclosed an agreement with Ms. Gina Zeuli,for final execution for Proposed Summer Events
Coordinator.
Recommendation: Authorize the holding of the Summer Park Programming for 2020 with the
final event schedules to be determined by the Park Commission and authorize the City
Administrator to negotiate and finalize with Ms.Zeuli.
Page 111 of 230
P-7
City of Oak Park Heights
14168 Oak Park Blvd. N.Box 2007.Oak Park Heights,MN 55082•Phone(651)439-4439•Fax(651)439-0574
December 30,2019
TO: Ms.Gina Zeuli
FROM: Eric Johnson,City Administrator
RE: Position Offer-2020
Dear Ms.Zeuli:
Pending Council approval,planned for 2125/20-,the City is extending to you an offer of temporary employment for
the Summer of 2020, as the Summer Park Events Coordinator extending from June 1gt to approximately October 1,
2020.
(Also pending a traditional Background Check by the City Police Department).
The duties anticipated are generally found in the attached job description and require you plan and execute a
minimum of six(6)"Family Focused"Events and a minimum of eleven(11)"Children's Events";to be held in the City
Park systems consistent with the Oak Park Heights Proposed Summer Programming documents—(See Appendix A
when finalized).As in previous years,you will work with the Park Commission directly to finalize actual events,
budgets,locations,dates,etc.
For compensation,the City will issue to you seven(7)equalized bi-weekly paychecks on the 15th and 30th of each
month for work completed based on the salary stated below.It is unclear exactly how many hours will be required to
fulfill the programming requirements;thus the position is based on a total gross salary and you would simply provide
the necessary time to successfully execute each event.
Position Title: Temporary Summer Park Events Coordinator(See Job Description—
enclosed as Appendix B)
Total Gross Salary: $7,500
Fringe Benefits: None
Approx.Start I End Date: June 1,2020—October 18,2020
Please sign below(and return to my attention)acknowledging your receipt and acceptance of this position and its
general scope.
,Date-
Ms.
ateMs.Gina Zeuli
Page 112 of 230
APPENDIX A.
Oak Park Heights Summer Programming—2020
TBD
Page 113 of 230
APPENDIX B: Job Description
Page 114 of 230
CITY OF OAK PARK HEIGHTS
TITLE: EVENTS COORDINATOR—(CONTRACTED)
DEPARTMENT: PARKS
REPORTS TO: CITY ADMIIITISTRATOR
SUMMARY OF POSITION
Under general direction,coordinates and plans special events and activities in City Parks to enhance the
City's community relationship. Performs other related duties as assigned.
ESSENTIAL JOB FUNCTIONS
1. Plans,organizes,coordinates,promotes,and facilitates special events at City parks;
2. Schedules and maintains communication with speakers,vendors,and participants;
3. Coordinates and monitors event timelines;
4. Assists in preparing a variety of publications,materials,and programs for events;
5. Coordinate fundraising efforts,including soliciting donations,sponsorships,and prizes for raffles and
other events;
6. Designs posters,fliers,displays and other public relations releases;
7. Attends meetings to report on program activities;
8. Explains policies and procedures for use of City parks to clients and the general public;
9. Resolves problems or complaints from clients or the public in accordance with established policies
and procedures;
10. Opens and secures facilities before and after events;
11. Writes event reports noting attendance,times,and significant problems;
12.Maintains communication with law enforcement and emergency medical services in order to inform
them of potential situations that may have an effect on their department or on the City in general;and
13.Performs other duties as may be required or assigned.
Page 115 of 230
KNOWLEDGE,SKILLS,AND ABILITIES
• Ability to direct and manage the work activities of multiple support staff groups and satisfy the
contract requirements for events;
• Ability to plan, service,and supervise a variety of events;
• Ability to anticipate equipment and other needs for individual events;
• Ability to effectively plan one's own work and the work of others;
• Ability to work independently and to meet deadlines;
• Ability to work as a member of a team;
• Ability to supervise others;
• Ability to follow oral and written instructions;
• Ability to communicate effectively,both orally and in writing;
• Ability to develop and maintain effective working relationships with a wide variety of people;
• Ability to exercise initiative,discretion,and independence of judgment;
• Ability to work effectively under pressure and competently handle a number of different tasks at one
time;
• Ability to plan and perforin duties with only general minimum supervision;and
• Ability to establish and maintain effective working relations with co-workers,City officials,and
general public
REQUIRED QUALIFICATIONS
• High school diploma or equivalent
• Three(3)years of customer service and/or public relations experience;or a combination of education
and/or experience that is accepted as equivalent
• Valid driver's license
DESIRED QUALIFICATIONS
• Experience with city,county,or related government park agency
Page 116 of 230
• Previous experience in public relations or event planning highly desirable
• Knowledge of City parks
OTHER ITEMS
• Employees in this classification work irregular hours,evenings,and weekends.
PHYSICAL DEMANDS
While performing the duties of this position,the employee may need to climb,balance,stoop,kneel,
crouch or crawl. The employee may occasionally be required to extend for a period of time and may
occasionally be required to lift and/or move up to 40 lbs.
WORK ENVIRONMENT
While performing the duties of this job,the employee will work in outside weather conditions(from
extreme cold to extreme heat).
Noise level in the work environment is usually moderate to loud,although the ability to work with
constant noise distractions is required.
Please Note:
The above examples and elements are intended only as an illustration of various types of work
performed and related skill sets needed by the City and is not all-inclusive. The job description is
subject to change as the needs of the employer and requirements of the job change.
It is the policy of the City of Oak Park Heights to provide equal employment opportunities to all persons.
All employment policies and practices shall be non-discriminatory,in compliance with federal laws,
statutes and local ordinances.
Page 117 of 230
APPENDIX C: Additional Employment Documents— PLEASE COMPLETE
BY 3115120 when 2020 forms are provided
Page 118 of 230
POLICE DEPARTMENTT
CITY OF OAK PARK HEIGHTS
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The fOROWng named ifidWidual has made appowtionon with the City of Oak Park Heights
for employment.
Last Name of Applicant:
First Narm:
Middle:
Ailaaiden,Atlas or Former:
Address:
Date arf Birth: Raw: Gender(M or F):
Social Security Number(optional):
aut mitts the Citic of Oak Park Heights to conduct a background Investigaftn. f also
authorez a the Minrreeft Bureau of Criminal Apprehension to disdoes an criminal history
r+ewfd information fo the Clty of Oak Paris HeV is Police Department far the purpose of
employment witir the My of Oak Park Heights.
7he ovkation of this authorhzftn ehail he one year from the date of m y signature.
Signature of Applicant lee
Notary S nature Date
***ff appl-ciant ft under 18,parent or guardian must sic bei au#wd ing the
bac4round check and crimhW hi r.
ParetrdK�uardlan Signature pa
r0nUGuardlen Print Name Big
Page 119 of 230
Form W-4 (2017) The exceptions don't apply to supplemental wages Nonwage income•if you have a large amount of
greater than$1,000,000. nonwage income,such as interestordividends,
Basic mp1ete 1040-ES,Esder making
a ed Testimex for Inted dividuals payments
rwise,,
PuForm
rpose Complete Form w 4 so that your �—ohdphw-c
2020 will be W.fie
urpo R Yoyou may owe additional tax.If you have pension or
employer can withhold the correct federal Income rovided whenannuity uicome,see Pub.505 to find out d you should
your pay.Condp adjust your withholding on Form W-4 or W-4P.
W-4 each year and when your personal ar fmancsal income,
situation changes. crtwo available Two eamersormultiple jobs.lfyou have a
Exemption from withholding.If you are exempt, Co verr,,r,you working spouse or more than one job,fiIure the
complete orgy lines 1,2,3,4,and 7 and sign the may cl total numbs of allowances you are emit ed to claim
on all jobs using worksheets from only one Form
form to validate it Your exemption for 2017 expires wages,vi ung mu on allowances
February 15:2018 See Pub_505,Tax Withholdingyou clamed and may not be a flat amount or w e Your withholding usually will n t most accurate
y of es when all allowances are claimed on the Form W-4
and Estimated Tax. Percentage wag for the highest paying job and zero allowances are
Note:If another person can claim you as d dependent Head of household.Generally,you can claim head claimed on the others.See Pub SW for details.
on his or her tax return,you can't claim exemption of household fiftriq status on your tax return only N Nonresident alien.if you are a nonesident alien,see
from withholding if your total income exceeds$1,050 you are unmarried and pay more than 50%of the Notice 1392.Supplemental Form W-4 Instructions for
and includes more than$350 of unearned income(for costs of keeping up a home for yourself and your Nonresident Aliens,before completing this form.
example,interest and dividends). dependents or other qualifying individuals.See
ons An empl ee m be able to claim Pub 501,Exemptions,Standard Deduction,and Check your withholding.After your form W-4 takes
fit' oy Filing Information,for information. effect,use Pub.505 to see how the amount you are
exemption from withholding even d the employee is having withheld compares to your projected total tax
Tax credka.You can take projected tay credits into
a dependent,if the employee: for 2017 S
•Is ee Pub.505,especially if yyour earnings
account in figuring your allowable number of
a9 65 or older, withholding allowances.Credits far child or dependent exceed$130,000(Single)or$180,OOD(Married).
•Is blind,or care expenses and the child tax credit may be claimed Future developments.Information about any nature
•Will claim adjustments to income:tax credits:or usingthe Personal Allowances Worksheet below. developmeets affecting Form W-4(such as
See Pub.505 for information on converting your other legislation enacted after we release it)will be posted
itemized deductions,on his or her tax return. credits into withholds allowances, g°
Personal Allowances Worksheet(Keep for your records.)
A Enter"1"for yourself if no one else can clalm you as a dependent . . . . . . . . . . . . . . . . A
r •You're single and have only one job:or
B Enter"1"if: S •You're married,have only one job,and your spouse doesn't wo&,,or B
t •Your wages from a second job or your spouse's wages(or the total of both)are$1,500 or less.
C Enter"1"for your spouse.But,you may choose to enter u-0-"if you are married and have either a working spouse or more
than one job.(Entering"-0-"may help you avoid having too little tax withheld.) . . . . . . . . . . . . . . C
D Enter number of dependents(other than your spouse or yourself)you will claim on your tax return . . . . . . . . D
E Enter"1"if you will file as head of household on your tax return(see conditions under Head of household above) E
F Enter"I"if you have at least$2,000 of child or dependent care expenses for which you plan to claim a credit F
(Note:Do not include child support payments.See Pub.503,Child and Dependent Care Expenses,for details.)
G Child Tax Credit(Including additional child tax credit).See Pub.972,Child Tax Credit,for more information.
•If your total income will be less than$70,000($100,000 if married),enter"2"for each eligible child;then less"1"if you
have two to four eligible children or less"2"if you have five or more eligible children.
•If your total income will be between$70,000 and$$4,000($100,000 and$119,000 N married),enter"1"for each eligible child. G
H Add fines A through G and enter total here.(Note:This may be different from the number of exemptions you claim on your tax return.) ► H
•If you plan to itemize or claim 64ustmertts to income and warn to reduce your withholding,see the Deductions
For accuracy, and Adjustments Worksheet on page 2.
complete all •If you are single and have more than one job or are married and you and your spouse both work and the combined
worksheets earnings from all)obs exceed$50,000($20,000 if married),see the Two-Earners/Mutapie Jobs Worksheet on page 2
that apply. to avoid having too little tax withheld.
•If neither of the above situations applies,stop here and enter the number from line H on line 5 of Form W-4 below.
--------------------------
-----•Separate here and(give Form W-4 to your employer.Keep the top part for your records.-------—-------------------------
A■ A Employee's Withholding Allowance Certificate OMB No.1545-0074
V —A
Form ��17
Department of iheTreasuiy f Whether you are entified to claim a certain number of allowances of exemption from vrSthholding is
Internal Reaenue service subject to review by the iRS.Your employer may be required to send a copy of this form to the IRS.
1 Your first name and middle initial Last name 2 Your social security number
Home address(number and street or rural route) 3 ❑ Single ❑ Married ❑ Married,but withhold at higher Single rate.
Note: If married,but legally separated,ar spouse is a nonresident alien,check the"Single box.
City or town,state,and ZIP code 4 if your last name differs from that shown on your social security card,
check here.You must call 1-800-772-1213 for a replacement card. IN-
5
5 Total number of allowances you are claiming(from line H above or from the applicable worksheet on page 2) 5
6 Additional amount,if any,you want withheld from each paycheck . . . . . . . . . . . . 6 $
7 f claim exemption from withholding for 2017,and 1 certify that i meet both of the following conditions for exemption.
•Last year 1 had a right to a refund of all federal income tax withheld because I had no tax liability,and
•This year I expect a refund of all federal income tax withheld because i expect to have no tax Habil' .
if you meet both conditions,write"Exempt"here. . . . . . . . . . . 1 7
Under penalties of perjury,I declare that I have examined this certificate and,to the best of my knowledge and belief,it is true;correct,and complete.
Employee's signature
(This form is not valid unless you sign d.) t► Date
a Employer's name and address(Employer Complete Innes 8 and 10 only if sending to the IRS.) 9 Office code(optional) 10 �loyer identification number(EIN)
For Privacy Act and Paperwork Reduction Act Notice,see page 2- Cat.No_102200 Form W-4(2017)
Page 120 of 230
i.j.
Oak Park Heights
Request for Council Action
Meeting Date: March Time Required: 1 min.
Agenda Item Title: Approve JPA for Fuel Contract 2020
Agenda Placement: Consent
Originating Department/Requestor: Oak Park Heights Police ept., Chief Brian DeRosier
Requester's Signature
Action Requested: JPA for Fuel Contract 2020 review and approval
Background/Justification:
Attached is the Joint Powers Agreement with Washington County for the police department to
continue to purchase fuel under the MN contract prices and utilizing the Washington County Sheriff s
office pumps.
This year's bid price will be$1.91 Der gallon. With the contract we lock in the price for the entire
year. We do not have the option of using the contract price when it is lower and then not when the
pump price is lower. The commitment is an averaged expected yearlong price speculated on the ups
and downs seen at the pump. We commit to 750 gallons per month usage in which we use this as a
minimum averaged out over the last several years history participating in the state fuel contract.
This was verbally presented to Administrator Johnson and Finance Director Caruso who both
recommended entering into the contract.
Approval of the contract in the past has provided savings in the years since I started participation in the
program. It would be reasonably expected to again save money given the average ups and downs
during a normal year to again save the city money over commercial yearly pay at the pump prices. No
guarantees.
Page 121 of 230
• Office of the Sheriff ;
�lashington
s'.✓ Commitment to Excellence
CountyN
Dan Starry
County Sheriff
�q
Brian R. Mueller
Chief Deputy
February 5, 2020
I have enclosed one Joint Powers Agreement with the Washington County Sheriff's Office. Please
review and obtain the appropriate signature. Please return the signed agreement by mail at your earliest
convenience to Ronda Anderson. I will send you a fully executed copy upon Washington County's final
signature. If you would like an electronic copy versus a hardcopy,please contact me by the phone
number or email listed below.
Any questions or concerns,just let me know.
Sincerely, .
Ronda Anderson
Washington County Sheriff's Office
15015 62nd Street North
PO Box 3801
Stillwater, MN 55082
Phone: 651-430-7979
Email: ronda.anderson@co.washington.mn.us
Law Enforcement Center•15015 62"d Street North•P.O.Box 3801•Stillwater,MN 55082-3801
Telephone:651-430-7600• Fax:651-430-7603•TTY:651-430-6246
www.co.washington.mn.us Page 122 of 230
Washington County is an equal opportunity organization and employer
JOINT POWERS AGREEMENT BETWEEN THE WASHINGTON COUNTY SHERIFF'S
OFFICE AND THE CITY OF OAK PARK HEIGHTS POLICE DEPARTMENT
THIS AGREEMENT is made by and between political subdivisions organized and existing under
the Constitution and laws of the State of Minnesota. Washington County a political subdivision
by and through its Sheriff's Office (hereinafter"Provider") and the City of Oak Park Heights
Minnesota, a municipal corporation, by and through its City Police Department (hereinafter
referred to as the "City") are the parties to this agreement.
WHEREAS, Minnesota Statutes Section 471.59 provides that two or more governmental units
may by Agreement jointly exercise any power common to the contracting parties.
WHEREAS, the Provider has entered into a Minnesota State Fuel contract February 01, 2020
through January 31, 2021 - Mansfield contract 151943— Fuel Program: Fixed Price and Spot
Price Program for Supplying and Distributing Diesel and Gasoline Products to Program
Participants in the Metropolitan Area, whereby the Provider has agreed to purchase through a
cooperative purchasing agreement, a total of 177,200 gallons -87 octane gasoline from
February 1, 2020 through January 31,,2021. Specifically, 13,200 gallons per month for the
months of, February, March, November, December, and January 2021, 14,000 gallons in the
month of October and 16,200 gallons per month for the months of April, May, June, July,
August, and September.
WHEREAS, the Provider provides law enforcement services including but not limited to the
patrol and rescue operations that utilizes squad cars, SUVs, boats, hovercrafts, snowmobiles,
ATVs and assorted gasoline run equipment.pursuant to the police powers and,law enforcement
authority granted under the laws, of the State of Minnesota as a law enforcement agency.
WHEREAS, the City is in need of procuring 750 gallons of gasoline each month to operate its
squad cars and SUVs.to provide law enforcement services pursuant to..the police powers and
law enforcement authority granted under the laws of the State of Minnesota as a law
enforcement agency.
WHEREAS, at the request of the City, the Provider is willing to provide gasoline to the extent as
identified in this Agreement to the City to assist the City with law enforcement services.
NOW THEREFORE, pursuant to the authority contained in Minnesota Statute Section 471.59.
commonly known as the Joint Powers Act which authorizes two or more governmental units to
jointly exercise any power common to them and/or Minnesota Statutes Sections 626.76 and in
consideration of the mutual covenant herein contain and the benefits that each party hereto
shall derive hereby the Provider and City agree to the following terms and conditions:
Page 123 of 230
CITY'S RESPONSIBILITIES
1. When needed for the City's daily operation of squad cars and SUVs, the City may have
access to the Provider's gasoline pumps located at the LEC 15015 62nd Street, Stillwater
MN.
2. The City's access to Providers gasoline pumps shall be through electronic access issued
to each squad and officer that is employed by the City.
3. Any City law enforcement officer acting under this agreement is considered to be acting
in the ordinary course of his or her employment with the City.
4. Any City law enforcement officer acting under this agreement shall continue to be
covered by his or her employment agency for the purpose of worker's compensation,
unemployment insurance, disability and any other employee benefits and for civil liability
purposes.
5. No City law enforcement officer acting under this agreement may be considered for
liability purposes as an employee of Provider or agent of Provider, for his or her actions
regardless of the supervision or control over the officer's actions.
PROVIDER'S RESPONSIBILITIES
1. The Provider will purchase a total of up to 177,200 gallons - 87 octane gasoline from
February 1, 2020 through January 31, 2021. Specifically, up to 13,200 gallons per
month for the months of, February, March, November, December, and January 2021,
14,000 gallons in October and 16,200 gallons per month for the months of April, May,
June, July, August, and September.
2. Provider agrees that it will make available the amount of gasoline deemed necessary by
the City for the City's law enforcement usage at its pumps located at the LEC located at
15015 62nd Street, Stillwater MN.
3. The Provider will notify the City if there is any interruption in availability of gasoline at the
LEC pumps as reasonably soon as the Provider becomes aware and for what duration
of time. During any time of interruption the City is responsible to find and pay for its own
gasoline until such time that the availability of gasoline is restored at the pumps located
at the LEC.
4. The cost of gasoline to the City will be at the Provider's rate of$1.9105 per gallon plus
any applicable taxes and fees unless the total monthly gasoline usage is more than the
Provider's purchased monthly amount of gasoline as stated in paragraph 1 of this
section.
Page 124 of 230
5. If the total monthly usage of gasoline is greater than the Provider's purchased monthly
amount and the Provider obtains additional gasoline at a rate higher than $1.9105 per
gallon, the City will be responsible for reimbursing the Provider at the higher rate
charged to the Provider per gallon up to the amount of gasoline used by the City.
TERM OF AGREEMENT
The term of this agreement shall be from February 01, 2020 through January 31, 2021, the date
of the signature of the parties notwithstanding, unless earlier terminated as provided herein.
PAYMENT
The City shall pay the Provider within 30 days of being invoiced for the City's gasoline usage.
INDEPENDENT CONTRACTOR
It will be agreed that nothing within the contract is intended or should be construed in any
manner as creating or establishing the relationship of co-partners between the parties or as
constituting the City as the agent, representative, or employee of the Provider for any purpose
or in any manner whatsoever.
ASSIGNMENT
The City shall not assign any services contemplated under this agreement.
INDEMNIFICATION
The City agrees it will defend, indemnify and hold harmless the Provider, its officers and
employees against any and all liability, loss, costs, damages, and expenses which the Provider,
its officers, or employees may hereafter sustain, incur, or be required to pay arising out of the
negligent or willful acts or omissions of the City in the performance of this agreement.
INSURANCE REQUIREMENTS
The City agrees that in order to protect itself, as well as the Provider, under the indemnity
provisions set forth above, it will at all times during the term of this Agreement, keep in force the
following insurance protection in the limits specified:
1. Maintain membership and participation in the Minnesota League of Cities Trust or
Commercial General liability Insurance with contractual liability coverage in the amount
of the City's and Provider's tort liability limits set forth in Minnesota Statute Section
466.04 and as amended from time to time.
2. Automobile coverage in the amount of the City's and Provider's tort liability limits set
forth in Minnesota Statute Section 466.04 and as amended from time to time.
3. Worker's Compensation in statutory amount.
Page 125 of 230
Prior to the effective date of this Agreement, the City will furnish the Provider, with certificates of
insurance as proof of insurance. This provision shall be set as a condition subsequent; failure to
abide by this provision shall be deemed a substantial breach of contract. Any policy obtained
and maintained under this clause shall provide that it shall not be cancelled, materially changed,
or not renewed without thirty days notice thereof to the Provider.
DATA PRACTICES
All data collected, created, received, maintained, or disseminated for any purposes by the
activities of the contractor, because of this agreement, is governed by the Minnesota
Government Data Practices Act, Minnesota Statutes Chapter 13, as amended, the Minnesota
Rules implementing such Act now in force or as adopted, as well as federal regulations on data
privacy. For purposes of the Data Practices Act each party shall remain the sole and exclusive
responsible authority as defined by law for all data collected, created, received, maintained or
disseminated by that party.
TERMINATION
Provider or City may cancel this Agreement with or without cause at any time upon giving a 30
days written notice to the Washington County Sheriff or designee or the Oak Park Heights City
Police Chief, City Administrator or designee.
WASHINGTON COUNTY Oak Park Heights
BY:.. DATE: BY: DATE:
County Board Chair
BY: DATE:
County Administrator
BY: DATE:
Sheriff
Approved to as form:
Asst. County Attorney
Page 126 of 230
.n
Oak Park Heights
Request for Council Action
Meeting Date February 25 2020
Time Required: 1 Minute
Agenda Item Title: Palmer Station- Stormwater M ement Declaration&Easement Agreement
Agenda Placement Consent A e
Originating Department/Re stor E ' Jo on Citv Admi
Requester's Signature
Action Requested Approve P er Station- Stormwater Management Declaration&Easement
A eem
Background/Justification (Please indicate if any previous action has been taken or if other public
bodies have advised):
Palmer Station Development is obligated to enter into a stormwater management agreement with the
watershed (MSCWMO) to ensure their stormwater (ponds, drains, swales, etc.) remain in good order
and are the sole responsibility of the Homeowner's Association,not other City taxpayers.
The City is party to that agreement as it is the underlying public agency in partnership with the
MSCWMO and that has essential enforcement authority. And, because some of the stormwater also
leaves the site and into the City's public systems.
The Agreement sets forth the private management responsibilities for such areas and elements. The
MSCWMO has already approved the document. Staff is seeking authorization to finalize this
Agreement from the City.
Page 127 of 230
STORMWATER MANAGEMENT FACILITIES
DECLARATION AND EASEMENT AGREEMENT
THIS STORMWATER MANAGEMENT FACILITIES DECLARATION AND
EASEMENT AGREEMENT is made and given on August 15, 2018 by Creative Home
Construction Investments, LLC ("Owner"), to the City of Oak Park Heights, a Minnesota
municipal corporation, ("City").
WHEREAS, Owner is the fee owner of the property legally described on attached
Exhibit A ("Property"); and
WHEREAS, stormwater management facilities on the Property will be connected to
the City's stormwater utility system, and the City's system and the surface waters of the City
and the State may be adversely affected by the operation and maintenance of stormwater
management facilities on the Property; and
WHEREAS, in connection with an application by Owner for Palmer Station, the City
has required, as a condition of approval, the execution and recording of this Stormwater
Management Facilities Declaration and Easement Agreement("Agreement")• and
WHEREAS, to secure the benefits and advantages of the City's approval, Owner
desires to subject the Property to the terms hereof;
WHEREAS, Owner intends and is required to form and establish a homeowners'
association for the management and oversight of the Property and that said association shall
undertake the obligations herein upon completion of the development;
NOW, THEREFORE, Owner declares that the Property is, and shall be, held,
transferred, sold, conveyed and occupied subject to the easement hereinafter granted and the
terms of this Agreement.
1. Definitions. For purposes of this Agreement, the following terms shall have
the meanings given.
1.1. "Stormwater Management Facilities" means the following
improvements designed and constructed to manage stormwater. The
designation of the improvement corresponds to the designation on
Exhibit B, the approved plans for the Stormwater Management
Facilities.
1.2. "Operations and Maintenance Checklist" means the operations and
maintenance checklist form for the corresponding Stormwater
Management Facility. The Operations and Maintenance Checklist for
the corresponding Stormwater Management Facilities is attached as
Exhibit C.
456312v1 CLL MD165-1 1
Page 128 of 230
2. Owner's Obligations.
2.1. The Owner shall construct Stormwater Management Facilities in
accordance with the approved plans attached as Exhibit B. A full size
original of Exhibit B is on file with the City Engineer of the City.
Construction of the Stormwater Management Facilities shall be
completed by Miller Excavating.
2.2. The Owner shall inspect the Stormwater Management Facilities, at
least as frequently as is specified, and meeting all of the requirements
for inspections listed, on the Operations and Maintenance Checklists.
Completed Operations and Maintenance Checklists forms shall be
completed annually and delivered to the City Engineer.
2.3. The Owner shall continuously and perpetually maintain, clean, repair
and replace the Stormwater Management Facilities. All Stormwater
Management Facilities shall be so maintained, repaired and replaced as
to maintain their original, approved design, function, volume, capacity,
and efficiency. Without limiting the generality of the foregoing,
maintenance, repair and replacement activities shall include, at a
minimum, activities listed on the Operations and Maintenance
Checklists.
2.4. The Owner shall cause a homeowners' association ("HOA") to be
formed to undertake and pay for all obligations herein upon completion
of the development of the Property, shall cause the HOA to be assigned
and undertake responsibility for all obligations and covenants herein,
and Owner and the HOA shall be jointly and severally obligated to
perform the duties herein. Said assignment shall also provide that in the
event of the failure, dissolution or insolvency of the HOA, that the
individual future property owners of the Property shall be responsible
to undertake the obligations herein.
3. Enforcement.
3.1. This Agreement is enforceable by the City acting through its City
Council. The City may enter the Property for the purposes of
inspection of the Stormwater Management Facilities and enforcement
of the obligations of Owner under this Agreement. If Owner fails to
perform its obligations under this Agreement, the City must provide
written notice of default to Owner before taking any corrective action.
If the failure continues for 30 days after the City's written notice, the
City may take whatever actions it deems reasonably necessary in order
to fulfill the obligations of Owner under this Agreement. If it is
determined by the City that it is necessary to enter the Property to
maintain or repair Stormwater Management Facilities to protect public
456312v1 CLL MD165-1 2 Page 129 of 230
utility facilities or the public health, safety or welfare without first
giving such notice to the Owner, it may do so, giving the Owner such
notice as is reasonably possible under the circumstances. Owner must
reimburse the City for the reasonable out-of-pocket costs incurred by
the City for its corrective action within 30 days after receipt by Owner
of a written demand from the City accompanied by reasonable
documentation of the expenses. If Owner fails to reimburse the City
within such 30-day period, the City may recover its costs by assessing
the amounts against the Property to be collected with property taxes.
Owner waives any and all rights to receive notice and a hearing or to
contest these assessments under Minn. Stat. Chap. 429 or other
applicable law. Further, City may enforce the terms of this Agreement
by any proceeding in law or in equity to restrain violation, to compel
compliance, to recover costs for corrective action, or to recover
damages, including attorneys' fees and costs of the enforcement
actions. The Owner is not liable for the actions of any third party,
other than its employees, agents, or contractors, that violate the terms
of this Agreement unless the Owner, its employees, agents, or
contractors had actual knowledge of the violation and failed to take
reasonable action to stop the violation.
4. Grant of Easement.
4.1. Grant of Easement. For valuable consideration, Owner conveys to the
City an easement for inspection, maintenance and repair of Stormwater
Management Facilities purposes over, under, and across the Property
on the terms and conditions hereinafter set forth.
4.2. Scope of Easement Rights. The Easement hereby conveyed includes
the right of the City, its contractors, employees, agents and assigns to:
4.2.1. reasonable right of ingress and egress to inspect Stormwater
Management Facilities in accordance with Section 3.1 hereof;
4.2.2. reasonable right of ingress and egress to perform the Owner's
Obligations upon default by Owner in accordance with
Section 3.1 hereof;
4.2.3. locate, construct, reconstruct, operate, maintain, inspect, alter
and repair the Stormwater Management Facilities in
accordance with Section 3.1 hereof, and
4.2.4. cut, trim, or remove trees, shrubs, or other vegetation that, in
the City's judgment, unreasonably interfere with the
Stormwater Management Facilities.
456312v1 CLL MD165-1 3 Page 130 of 230
5. Miscellaneous.
5.1. No Waiver. Failure to enforce any provision of this Agreement upon a
violation of it will not be deemed a waiver of the right to do so as to
that or any subsequent violation.
5.2. Validity. Invalidation of any of the terms of this Agreement will in no
way affect any of the other terms, which will remain in full force and
effect.
5.3. Duration of Covenants and Easements. The agreements, obligations,
covenants, and easements granted herein are permanent and shall
remain in effect in perpetuity.
5.4. Warranty of Grantor. The Owner warrants that it is the owner of a
fee simple interest in the Property, that it has the right to grant this
Agreement, and that the Property is free and clear of any lien,
encumbrance, easement, restriction, covenant or condition, except for
those filed of record with the County Recorder or Registrar of Titles for
Washington County, Minnesota.
5.5. Easement and Covenants Runs with Land. This Agreement runs
with the land and is binding on the Owner, its heirs, successors and
assigns and shall be recorded against the property.
5.6. Amendments. This Agreement may not be amended without the
written approval of the City and the Middle St. Croix Watershed
Management Organization.
Creative Home Construction
Investments, LLC
By:
Its: 5t ore R
STATE OF MINNESOTA J�
) ss. NOTARY PUBLIC
COUNTY OF MINNESOTA
�t IM owm*bn Eyow Jan.31.2024
The foregoing instrument was acknowledged before me this day of ,
201% by 64'Mat C-ww tC. , the 4. _ of
CXeL&-:V L-Q-, JAip on behalf of
Notary Public
4563120 CLL MD165-I 4
Page 131 of 230
City of Oak Park Heights
By:
Its:
STATE OF MINNESOTA )
) ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this day of
2019, by the of
on behalf of
Notary Public
Middle St. Croix Wa
Management ganiz
By:
Its:
STATE OF MINNESOTA )
) ss.
COUNTY OF N )
The foregoing instrument was acknowledged before me this 194'0' day of �fovtw-ham
2019, byri............. \ ?.��..(.a,.- the a. i V- of
rA D , on behalf of fKJAij 5a-.C'ro+x wiNAQ
WMO
.ted..
SHARI LARKIN
O PUb11C Notary Public
State of Minnesota
y Commission Expires
s
January 31,2023
For City use only:
Planning File#
Date of Council approval
456312v1 CLLMD165-1 5 Page 132 of 230
�P4�, S-F,47100
L,,dType
Recorded Date
Document# *0 Abstract
0 Torrens
Document p-plat Document
Group Name
Dated Date
Gyantcr E Grantee
(e)CREATIVE HOME CONSTRUCTION INVESTMI 1(e)PALMER STATION
qfte of County Recorder QS
Private Noes Public Notes Legal D��F *Shmoon County,Minnesota
-_L Generate Notes .
I hereby W*ft the within irehinerd
was filed at ffiis ' A Stillwater for record_ on the
at 10 ."L-r—m-and was duly recorded
N Wabhow County Rocards.I have hereunto set
my hand and 4W official seal at Stillwater.in
said cffift ' day of-Etip—AD.Q2
JENNI ER WAGENIUS
-County PjAkporder
PID/Taxld Related Certs Reference DocE
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Page 133 of 230
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0EMURAT
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Page 135 of 230
EXHIBIT B
Stormwater Management Facilities Approved Plans
SEE APPROVED PLANS ATTACHED
456312v1 CLL MD165-1 B-1 Page 136 of 230
CITY OF OAK PARK HEIGHTS
14168 OAK PARK BLVIl N#2007
OAK PARK HEIGHTS,MN 55082-2007
(651)351-1661 FAX (651)439-0574 ISSa ° 1 sUED: 08J31 ° ° z 9 4
1/2018
ADDRESS : 5625 OAKGREEN AVE N Permit#: 2018-00294
PIN : 04.029.20.23.0063
LEGAL DESC : N/A
: LOT 0 BLOCK 0
PERMIT TYPE : BUILDING
PROPERTY TYPE : SINGLE FAMILY-NEW CONSTRUCTION
CONSTRUCTION TYPE : GRADING
VALUATION : $ 106,000.00
NOTE, PERMIT IS ISSUED FOR SITE GRADING IN PREPARATION FOR 13 SINGLE FAMILY DEVELOPMENT TO BE KNOWN AS
PALMER STATION. WORK SHALL BE PER MN CODE..LOCAL ORDINANCE.CONTRACTUAL AGREEMENT AND IN ACCORDANCE
WITH APPROVED"FINAL GRADING PERMIT PLAN SET 8-31-18 AS ISSUED BY CITY'AND ATTACHED. NOTE:MIDDLE ST CR
WATERSHED MANAGEMENT ORGANIZATION PERMITS REQUIRED PRIOR TO PROJECT COMMENCEMENT.
CUBIC YARDS OIX
6700
APPLICANT GRADING PERMIT FEE
MILLER EXCAVATING, INC. STATE SURCHARGE-BUILDING 281.50
3636 STAGECOACH TRL.N. 53.00
STILLWATER, MN 55082- Payment(s) TOTAL 334.50
(651)439-1637 CHECK 1430
Minnesota State License#:9363164 334.50
OWNER
CREATIVE HOME CONSTRUCTION,INVESTMENTS
LLC
707 COMMERCE DR
STE 410
WOODBURY,MN 55125-0000
AGREEMENT AND SWORN STATEMENT
The work for which this permit is issued shall be performed
according to:(1)the conditions of this permit,(2)the
approval plans and specifications,(3)the applicable city
approvals,Ordinances,and Codes,and,(4)the State Building
Code. This permit is for only the work described,and does
not grant permission for additional or related work which
requires separate permits-This permit will expire and become
null and void if work is not started within 180 days,or if wor
is suspended or abandoned for a period of 180 days any time
after work has commenced_ The applicant is responsible for
assuring all required inspections are requested in conformanc
with the Minnesota State Building Code.
SEPARATE PERMITS REQUIRED FOR WORK OTHER THAN DESCRIBED ABOVE. 230
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Page 144 of 230
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Page 148 of 230
EXHIBIT C
Operations and Maintenance Checklists
The Owner of the property accepts ultimate responsibility to maintain the stormwater
management(SMW) facilities by either contracting for the maintenance work to be performed
or by self-performing the work. Maintenance activities are listed in the table below. The owner
will develop and implement an annual inspection program in the spring months such that
routine and non-routine corrections can be programmed. The owner will communicate any
corrective maintenance activities to the City of Oak Park Heights.
Maintenance Activity Frequency
Remove accumulated sediment and debris from the forebay. Annually
Eradicate noxious weeds and invasive species. Annually
Remove trash and debris. Annually
Supplement the biofiltration basin with native vegetation if
barren areas form or if control of noxious or invasive species
control exceeds 25%of the basin area. As Needed
Repair areas of erosion. As Needed
Replace filtration media impacted by sedimentation. As Needed
4563120 CLL MD165-1 C-1
Page 149 of 230
CONSENT
The undersigned Mortgagee of the real estate described in the attached instrument
pursuant to the Mortgage recorded as Document No. _ in the office of the
Washington County _ , hereby joins in and consents to all of the terms and
provisions contained in the attached Stormwater Management Facilities Declaration and
Easement Agreement (the "Agreement"). The undersigned Mortgagee further agrees that its
interest in the property covered by the Mortgage is subject to the Agreement and to all of the
terms and provisions contained in it and agrees that if the Mortgagee forecloses its mortgage(s)
on the property, or takes a deed in lieu of foreclosure, the Mortgagee will take title subject to the
Agreement.
Lake Elmo Bank
By
Its: Vice President
LORI A. DORWEILER
STATE OF MINNESOTA ) Notary Public-Minnesota
My ComMlWlon Explree Jen S1,2026
ss.
COUNTY OF Q - In�}
The foregoing instrument was acknowledged before me this /'- '-day of
619 ,by in c-- C the Vii- r�iestctf of
(�-� A-n— l L on behalf of the corporation .
otar Public
456312v1 CLL MD165-1
Page 150 of 230
��„
, -
Oak Park Heights
Request for Council Action
Meeting Date February 25, 2020
Time Required: 1 Min
Agenda Item Title: Resolution for final funding of the Comprehensive Plan
Placement: Consent
Originating Department/Requestor Finance-Betty Caruso Finance Director
Requester's Signature —ktr--�
Action Requested Approve Resolution for the unbud eted transfer of funds correcting the
2016-2018 interfund transfers estimated for the funding of the Comprehensive Plan.
Background/Justification (Please indicate if any previous action has been taken or if other
public bodies have advised):
During the budgeting process for 2016-2018 transfers were approved to fund the
Comprehensive Plan. The various parts of the plan for Water, Sanitary Sewer, Storm Sewer,
Parks, Maps, and General were accounted for in the Budgeted Projects Fund and funded
with the transfers from the various funds.
The Comprehensive Plan was completed in 2019 and a final accounting of the various shares
of the plan is completed. The costs have been compared to the transfers that were made.
The final accounting reflects over and under funding for each of the areas of the Plan.
In order for the costs to be funded by the proper funding source, a transfer should be made
correcting the amounts over funded and transfer additional funds for those areas
underfunded.
These transfers were unbudgeted for 2019 and will require the use of $13,312.48 of the
General Fund Balance.
Page 151 of 230
RESOLUTION 20-02-
A RESOLUTION APPROVING UNBUDGETTED INTERFUND TRANSFERS
WHEREAS, The City Council adopted the 2019 budget for calendar year on December 13, 2019; and,
WHEREAS, the City's Comprehensive Plan has been completed and finalized in 2019 for a total cost of
$153,611.36; and,
WHEREAS, the City has made budgeted transfers from 2016-2018 for the purpose of funding the cost
of the Comprehensive Plan; and
WHFARAS, a final accounting of the related costs compared to the funding sources has been made;
N06V, THEREFORE, BE IT RESOLVED, by the City Council for the City of Oak Park Heights to
approve the f(jl lowing transfers for 2019 to balance the funding and the costs for the various shares of the
Comprehensive Plan.
('O�IPREIIL'NSIVE PLAN-ACCOUNTING
FLNll1tiG
TRANSFER TRANS FFR TRANSFER ACTUAL over(under)
BUDGET 2016 2017 2018 TOTAL COST funded
11`ATER $24,500.00 $7,560.00 $7,504.00 ti9, [10.00 " $24,500 00 $17,450.00 $7,050.00
tiANITA RY 23,000.610 7,500.00 7,500.00 5_1100.0o ' $23,000�Y) 23,151.56 ($154.50)
ti rt 1R 1 46,500.00 7,500.00 7,500.06 3 i,50)0.40 $46,i(000 43,916.88 $2,583,12
6I:Ni_RAIJPARKS 45,000.00 15,006.00 15,000.00 ISoc)0.00 $15.((joki) 56,232.10 (%11,23210)
11.500.(X) 11_SuU11rl ' $]1.5(xiol 13,580.38 ($2,080.38)
$37.56000 $37,500.00 $��.wt�ik� <�;�,;1;i)U0 $154,330.86 ($3.830.86)
AND,THEREFORE BE IT FURTHER RESOLVED, by the City Council for the City of Oak Park
eights to approve the following 2019 unbud;eted transfers:
CORRECTION OF TRANSFERS FOR ESTIMATED COSTS OF COMPREHENSIVE PLAN
12/31/2019
Fund Fund
From To
TRANSFERS FOR BUDGETED PROJECT FUND
Transfer to Water Utility Fund 401 705 (7,050.00)
Transfer to Storm Water Utility Fund 401 707 (2,583.12)'
Transfer from Sanitary Sewer Utiltiy Fund 706 401 151.50
Transfer from General Fund 101 401 13,312.48
Net Transfer in to Budgeted Project Fund 3,830.86
Passed by the City Council for the City of Oak Park Heights this 25th day of February, 2020.
Mary McComber, Mayor
Attest:
Erie A. Johnson
Administrator
Page 152 of 230
Oak Park Heights
Request for Council Action
Meeting Date February 25 2020
Time Required: 1 Min
Agenda Item Title: __Approve Resolution for the 2019 Budget Requiring Fund Balance
Allocations
Placement: Consent
Originating Department/Requestor Finance-Betty Caruso, Finance Director
Requester's Signature
Action Requested Approve Resolution for Budget Adjustments utilizing the General Fund
Balance allocated for the specific purpose.
Background/Justification (Please indicate if any previous action has been taken or if other
public bodies have advised):
Included is the PRELIMINARY Summary of the General Fund Revenues and Expenditures
for 2019. This is a pre-audit summary does not include all adjustments for the closing of
2019. What remains to be adjusted should not make a material change to summary that is
presented.
As the Summary reflects, a total increase to the 2019 Fund Balance of $443,867. This is the
calculated as follows:
Revenue non-favorable variance $(110,267)
Expenditure favorable variance $ 161 ,967
Transfer in from Capital Projects $ 392,167
Total Fund Balance Inc $ 443,867
The Expenditures in total were $161,967 under budget, even though two items were
considerably over budget, Snow removal $65,000 and Contingency $15,000 (due to Lobbying
consultant). Tax abatements so far, due to Menards (and others) were $48,882 for 2019.
The funding for these items actually are planned for and funded during the 2019 Budget
process with Fund Balance allocations that are set aside for this purpose. To fund these
budget variances the following adjustments should be made to the 2019 Budget.
FUND BALANCE
2018 2019 BU DG ET
ALLOCATIONS USED
2018 FUND DESIGNATIONS
GENERAL CONTINGENCY $ 870,000 (15,000)
SNOW PLOW RESERVE $ 140,000 $ (65,000)
TAX PETITIONS ADJUSTMENTS $ 65,000 $ (49,000)
Page 153 of 230
As the over budget items should be addressed for audit purposes, 1 request that the
Resolution for the 2019 Budget Adjustment be made to fully fund the items as planned for.
After the Adjustment the 2019 Fund Balance -- Pre Audit General Fund Balance should be
as follows:
2019 PROJECTED FUND BALANCE - GENERAL FUND
FUND BALANCE 12/31/2018 $ 4,968,274
2019 REVENUES OVER EXPENDITURES 52,000
5,020,274
TRANSFER IN - REVOLVING CAP FUND 392,000
ESTIMATED FUND BALANCE 12/31/2019 $ 5,412,274
ALLOCATIONS
NONSPENDABLES
PREPAID (80,900)
ASSIGNED
EMPLOYEE BENEFITS (194,000)
ENSUING YEAR BUDGET (100,000)
DESIGNATIONS
CASH FLOW RESERVE (2,500,000)
GENERAL CONTINGENCY (900,000)
SNOW PLOW RESERVE (141,000)
TAX PETITIONS ADJUSTMENTS (100,000)
UNFUNDED TIF 1-2 ADVANCE (410,000)
REVOLVING CAPITAL FUND-FUTURE BDGT (192,000)
FUNDING FOR KING PLANT DECOMMISSION (100,000)
UNASSIGNED $ 694,374
Page 154 of 230
PRELIMINARY GENERAL FUND REVENUE SUMMARY
2019 2019 OVER(UNDER
ACTUAL BUDGET BUDGET %
REVENUES
TAXES
OPERATIONS $ 4,525,285 $ 4,511,246 $ 14,039 0.31%
DEBT LEVY 579,000 579,000 - 0.00°%
TOTALTAXES $ 5,104,285 $ 5,090,246 $ 14,039 0.28%
TAX ABATE M E N TS (48,882) - $ (48,882)
OTHER TAXES 75,365 72,500 $ 2,865 3.95%
BUSINESS LICENSES AND PERMITS 43,033 41,280 $ 1,753 4.25%
NON-BUISINESS LICENSES AND PERMITS 81,340 89,000 $ (7,660) -8.61%
FINES AND FORFEITS 48,471 4D,000 $ 8,471 21.18%
INTERGOVERNMENTAL REVENUE 130,982 103,396 $ 27,586 26.68%
CHARGES FOR SERVICES 24,604 54,000 $ (29,396) -54.44%
MISCELLANEOUS REVENUES 231,423 106,800 $ 124,623 116.69%
FUND BALANCE - 203,666 $ (203,666) -100.00%
TOTAL GENERAL FUND REVENEUS $ 5,690,621 $ 51800,888 $ (110,267) -1.94%
PRELIMINARY GENERAL FUND EXPENDITURE SUMMARY
GENERAL GOVERNMENT
GENERAL MANAGEMENT&BUILDING $171,350 $165,616 ($5,734) -3.46%
MAYOR&COUNCIL $102,915 $108,487 $5,572 5.14%
LEGAL $21,315 $27,000 $5,685 21.06%
ELECTIONS $830 $830 $0 0.00%
CITY ADMINISTRATION $290,929 $290,720 ($209) -0.07%
PLANNING&ZONING $24,475 $31,100 $6,625 21.30%
FINANCE $227,173 $254,705 $27,532 10.81%
COMPUTER $34,418 $44,000 $9,582 21.78%
AUDIT $32,900 $35,000 $2,100 6.00%
INSURANCE $459,693 $468,205 $8,512 1.82%
ASSESSING $25,670 $26,000 $330 1.27%
ENGINEERING $22,988 $25,000 $2,012 8.05%
COUNCIL CONTINGENCY $29,828 $15,000 ($14,828) -98.85%
PUBLIC SAFETY
POLICE $1,408,423 $1,527,550 $119,127 7.80%
FIRE PROTECTION $263,507 $263,200 ($307) -0.12%
BUILDING INSPECTIONS $103,539 $108,015 $4,476 4.14%
EMERGENCY MANAGEMENT $1,060 $1,120 $60 5.36%
ANIMAL CONTROL $498 $700 $202 28.86%
PUBLIC WORKS
PUBLIC WORKS-STREET MAINTENANCE $63,035 $81,670 $18,635 22.82%
PUBLIC WORKS-SNOW REMOVAL $217,896 $153,000 ($64,896) -42.42%
PUBLIC WORKS-STREET LIGHTING $61,850 $66,000 $4,150 6.29%
ARBORIST $994 $855 ($139) -16.26%
SANITATION&WASTE $223,353 $222,600 ($753) -0.34%
TREE REMOVAL $35,000 $35,000 $0 0.00%
PARKS AND RECREATION
PARKS $148,882 $183,115 $34,233 18.69%
OTHER EXPENDITURES
TRANSFERS OUT $1,666,400 $1,666,400 $0 0.00%
TOTAL GENERAL FUND EXPENDITURE $5,638,921 $5,800,888 $161,967 2.79%
OTHER REVENUE
TRANSFERS IN $392,167 - $ 392,167
$392,167 $0 $392,167
TOTAL CHANGE IN FUND BALANCE $443,867 $0 $443,867
Page 155 of 230
2/21/2020 2019 PRELIMINARY SUMMARY OF GENERAL FUND REVENUE PAGE 1
RESOLUTION 20-2-
CITY OF OAK PARK HEIGHTS
WASHINGTON COUNTY, MINNESOTA
A RESOLUTION APPROVING ADJUSTMENTS TO THE 2019 BUDGET
WHEREAS, The City Council adopted the 2019 budget for calendar year on
December 11 , 2018; and,
WHEREAS, the City Council for the City of Oak Park Heights during the 2019
Budget process determined possible budget items that may need additional funding and
allocated fund balance reserves for the possible funding; and
WHEREAS, the City Council for the City of Oak Park Heights has determined that
funds from the General Fund should be allocated in accordance with the Fund Balance
Policy as adopted by the Council
NOW, THEREFORE, BE IT RESOLVED, by the City Council for the City of Oak
Park Heights to adjust the 2019 General Fund Budget for the following:
2019 PROPOSED FUND BALANCE
ADOPTED 2019 BUDGET ALLOCATIONS
BUDGET ACTUAL ADJUSTMENT AVAILABLE
SNOW REMOVAL $ 150,000 $ 215,000 $ 65,000 140,000
CONTINGENCY $ 15,000 $ 30,000 $ 15,000 870,000
TAX ABATEMENTS $ - $ 49,000 $ 49,000 65,000
That the 2019 budget is hereby adjusted utilizing fund balance and approved as
presented by the City Finance Director in the total amount of 129,000
Passed by the City Council for the City of Oak Park Heights this 25th day of
February 2020.
Mary McComber, Mayor
Attest:
Eric A. Johnson
Administrator
Page 156 of 230
.1
n
Oak Park Heights
Request for Council Action
Meeting Date February 25th,2019
Time Required: 5 Minutes
Agenda Item Title: 2020 Street Im rov ents—,AW-_Ql—,AW—_ Bid
Agenda Placement Old Businesv��/x /
Originating Department/Requ tor: ohn (Cie Administrator
Requester's Signature
Action Requested: See Belo;icate
Background/Justification(Pleaany previous action has been taken or if other public
bodies have advised):
Please see the enclosed memo from the City Engineer,Lee Mann dated 2/18/20.If the Council desires to
move forward with the project the Low Bid is noted at$866.791.00 and should be awarded to OMG
Midwest.Inc.dba MN Paving and Materials
Funding would be derived from two primary sources:
• Mill&Overlay Portion Costs is$564,638.74
and could be funded by the Mill & Overlay
m
Fund which has a balance of- $784,91510
r
• Street Reclaim & Trail is $302,152.71 and k; [�
could be funded by the Street Reconstruction
Fund which has a balance of-$3,061,097. = "
(Note a small portion of this is trail-way and ► '. . ,
will be allocated to a different fund; and the
u ,I
City would seek reimbursements from . -
Baytown Township for $63,983.58 plus
related soft costs.)
w
2020 Project% ,J
• " '" Areas 5,6& 8
f
Page 157 of 230
POST-BID PROJECT COST SHARE BREAKDOWN
2020 MILL AND OVERLAY/OAKGREEN AVENUE REHABILITATION
CITY OF OAK PARK HEIGHTS,MN
FEBRUARY 18,2020
Unth
Contract Oak Park Oak Park Baytown
GuaM1y Contract Unit Rice Contract Cost Halghts Helyhh CadlivanlUy Baytown Cost
Item If Item Descdp0on Quantity
BASE BID
PART A:MILL AND OVERLAY
1 MOBILIZATION LS 1 $15,000.00 $15,000.00 1 $15,000.00
2 TRAFFIC CONTROL LS 1 $101000DO $10.000.00 1 $10,000.00
3 MILL BITUMINOUS PAVEMENT(7'DEPTH) SY 49,000 $1.02 $49,980.00 49,000 $49,98000
4 REMOVE AND REPLACE CONCRETE CURB AND GUTTER LF 500 $56.10 $28,050.00 500 $28,050,00
5 REMOVE AND REPLACE CONCRETE VALLEY GUTTER LF 20 $85.61 $1,712.20 20 $1,712.21)
6 PATCH BITUMINOUS PAVEMENT,INCL REMOVALS,W DEPTH SY 400 $30.00 $12000,00 400 $)2000.00
7 ADJUST EXISTING CATCH BASIN CASTING,INCL NEW HDPE EA 20 $128.95 $2,579.00 20 $2,579.00
8 ADJUST EXISTING MANHOLE CASTING,INCL NEW HDPE RINGS EA 50 $566,81 $28,340,50 50 $28,340M
9 ADJUST GATE VALVE BOX EA 8 $214.78 $1,71824 8 $1,71824
10 BITUMINOUS MATERIAL FOR TACK COAT GAL 2,500 $1.60 $4,00000 2,500 $4,000.W
11 TYPE SP 95 WEARING COURSE MIXTURE(2,B) TN 6,000 $68,09 $408,540.00 6,000 $408,540.00
12 24"SOUD LINE-WHITE EPDXY LF 200 $6.02 $1,204.00 200 $1 234DO
13 PAVEMENT MESSAGE,3'X6'CROSSWALKBLOCKS-EPDXY ISF 240 $6.02 $1,444,80 240 $1 SO14 HYDROMULCH WITH SEED MIX 25-131,INCL 4"LOAM TOPSOIL SY 350 $0.20 $70.00 350 $70.00
PART A:MILL AND OVERLAY-SUBTOTAL $564,638-74 $5"A3B,74 3D.00
PART B-OAKGREEN AVENUE REHABILITATION AND TRAIL
15 MOBILIZATION LS 1 $15,000.00 $15,000.00 0.79 $11•&x.00 0.21 $3,150.00
16 TRAFFIC CONTROL LS 1 $10,000.00 $10.000.00 0.79 $7,900.00 0.21 $2,100.00
17 TEMPORARY MAILBOXES LS 1 $2,500.00 $2,500.00 1 $2,500,00
16 CLEARING AND GRUBBING LS -1 $5,20000 $5 200.00 I $5 2)0.00
19 SILT FENCE IF 2000 $0 Oi
20 BIOLOG $20 11,400 $1400 Epp $6.00
LF 2000 $0.01 $20.00M 1,400 $14..00 600 $6.00
21 INLET PROTECTION EA 14 $50.16 $70224 14 $70224
22 CULVERT PROTECTIONEA 24 $20.06 $481.44 22 $441.32 2 $4012
23 WATER FOR DUST CONTROL TG
EA
AL 25 $51.14 $1,278.50 20 $1.0228() 5 $255.70
24 SALVAGE AND REINSTALL SIGN 12 $315.98 $3,791.76 10 $3,15980 2 $63196
25 SALVAGE AND REINSTALL MAILBOX Eq 12 $8025 $96300 12 $963,00
26FULL DEPTH RECLAMATION SY 7200 $3.00 $21,600.00 5,200 $15.600.00 2000 $6,000.00
27 REMOVE BITUMINOUS TRAIL SF 1000 $3.00 $3,000.00 1.000 $3000.00
28 REMOVE CONCRETE WALK/PEDESTRIAN RAMP SF 500 $2,84 $1,421.00 SDO $1.420.00
29 REMOVE BITUMINOUS PAVEMENT SY 00.0
120D $3.00 $3,600,00 1 200 $3,60
30 REMOVE AND REPLACE CONCRETE CURB&GUTTER LF 50 $40.53 $2,026.50 50 $2,026,50
31 SAWING BITUMINOUS PAVEMENT LF 5()Ol $2.00 $1000.00 435 $87000 65 $130.00
32 COMMON EXCAVATION-TRAIL(P) CY 100 $180.00 $18,000.00 100 $18000,00
33 SUBGRADE EXCAVATION(EV) CY 250 $42.89 $10,722.50 180 $7,72D.20 70 $3OD2.30
34 COMMON BORROW(CV) CY 3001 $1.50 $450.00 225 $337.50 75 $11250
35 AGGREGATE BASE,CLASS 5 TN 8001 $6.15 $4,920.00 770 $4j35 O 30 $184.50
36 AGGREGATE SHOULDERING,CLASS TN 325 $34.45 $11,19625 235 $8,095.75 90 $3,100.50
37 GRANULAR BORROW TN 2S01 $0.01 $250 250 $2,50
3877
PE SP 12.5 NONWEARING COURSE MIXTURE(2,B) TN 13001 $64.00 $83,200.00 930 $59,520.00 370 $23,680.00
39 TYPE SP 9.5 WEARING COURSE MIXTURE(2,B) TN 700 $78.75 $55,125.00 510 $40,16250 190 $14,96250
40 P 9.5 WEARING COURSE MIXTURE,TRAIL TN 100 $120.00 $12,000.)0 100 $12.000.00
41 BITUMINOUS MATERIAL FOR TACK COAT GAL 325 $1.60 $520.00 715 $360,00 100 $160.00
42 BITUMINOUS DRIVEWAY PATCH SY 250 $32.55 $8,137.50 80 $2,604.00 170 $5,533.50
43 CONCRETE PEDESTRIAN CURB RAMP SF 500 $10.63 $5,315.00 500 $5,315,00
44 RUNCATEDDOMESURFACE SF 64 $70.22 $4,494.08 64 $4,494.08
45 ADJUST EXISTING MANHOLE CASTING,INCL NEW HDPE RINGS EA 10 $767.80 $7,678.00 10 $7,678.00
46 ADJUST GATE VALVE BOX EA 5 $42956 $2,147.30 5
$2,147.80
47 4'DOUBLE SOLID LINE,YELLOW EPDXY LF 2300 $0.80 $1 840.00 IA90 $1,192.00 810 $648.00
48 PAVEMENT MESSAGE,XX 6'CROSSWALK BLOCKS-EPDXY SF 4321 $6.02 $2,600.64 432 $Z600.64
49HYDROMULCHWITH SEED MIX 25-131,INCL N'LOAM TOPSOIL SY 6000 $0.20 $1,200.00 4,600 $920.00 1,400 $280,00
TOTAL PART B: OAKGREEN AVENUE REHABILITATION AND TRAIL $30215271 $23g,1by13 g�,q�,SB
TOTAL CONTRACT AMOUNT $866,791.45 $1!8280747 j $63,911358
'Ill
Ll
O W, I0"l."W l
Page 158 of 230
® Stantec Stantec Consulting Services Inc.
733 Marquette Avenue,Suite 1000 Minneapolis,MN 55402
February 18, 2020
Honorable Mayor and City Council
City of Oak Park Heights
14168 Oak Park Boulevard
Oak Park Heights, MN 55082
Re: 2020 Mill and Overlay/Oakgreen Avenue Rehabilitation
Stantec Project No. 193804872
Bid Results
Dear Honorable Mayor and City Council:
Bids were opened for the 2020 Mill and Overlay/Oakgreen Avenue Rehabilitation Project on
February 5,2020.Transmitted herewith is a copy of the Bid Tabulation for your information and file.
Copies will also be distributed to each Bidder once the Project has been awarded.
There was a total of 8 Bids.The following summarizes the results of the Bids received:
Confractor Total Base Bid
Low OMG Midwest, Inc. dba MN $866,791.45 4-- La u�
Paving and Material "'-
#2 T.A.Schifsky &Sons, Inc $878,692.75
#3 Northwest $888,939.50
#4 North Valley, Inc $889,286.32
#5 Bituminous Roadways Inc. $943,894.90
#6 Valley Paving, Inc $971,251.00
#7 Park Construction Company $1,086,852.55
#8 S.M. Hentges &Sons $1,120,585.00
The low Bidder on the Project was OMG Midwest, Inc.dba MN Paving and Material,with a Total
Base Bid Amount of$866,791.45.This Bid compares to the Engineer's Opinion of Probable Costs of
$927,000.00.These Bids have been reviewed and found to be in order.
If the City Council wishes to award the Project to the low Bidder,then OMG Midwest,Inc,should
be awarded the Project based on the Total Base Bid Amount of$866,791.45.
Should you have any questions, please feel free to contact me.
Sincerely,
STANTEC CONSULTING SERVICES INC.
Lee M. Mann, P.E.
Principal
Iee.mann@stantec.com
(612) 712-2085
Enclosure
Page 159 of 230
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Page 163 of 230
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Page 164 of 230
Oak Park Heights
Request for Council Action
Meeting Date February 25th, 2020
Time Required: 5 Minutes
Agenda Item Title: Fury Jeep—Interim Use Permit Automotive Storage and Sales 14702 60111
Street N.
Agenda Placement New Business
Originating Department/Requesto . E son Ci Administrator
Requester's Signature
Action Requested Discussion P s' a Action
Background/Justification(Pleasrndicate if any previous action has been taken or if other public
bodies have advised):
Please see the following from Scott Richards, City Planning Consultant
1. Staff Report dated February 6th, 2020 -as presented to the Planning Commission;
2. Planning Commission Resolution(unsigned)
3. Proposed City Council Resolution.
Page 165 of 230
TPC3601 Thurston Avenue N,Suite 100 •
Anoka, MN 55303
Phone: 763.231.5840
Facsimile: 763.427.0520
TPC@PlanningCo.com
PLANNING REPORT
TO: Eric Johnson
FROM: Scott Richards
DATE: February 6, 2020
RE: Oak Park Heights—Fury Jeep— Interim Use Permit for Automotive
Storage and Sales— 14702 60t' Street North
FILE NO: 236.02—20.01
BACKGROUND
David Phillips, of Phillips Architects and representing Leonard Investments LLC, has
made application for an Interim Use Permit for outdoor automotive storage, automotive
sales and service at 14702 60th Street North. The intent is to allow for storage, sales
and service at this dealership for two years at Highway 36 and Osgood Avenue.
The property is zoned B-2, General Business District in which automotive sales and
service is a Conditional Use. The Applicant plans to occupy the existing building and
site until a redevelopment opportunity is found for the properly. In that this will be a
temporary facility for the dealership, the application is being processed as an Interim
Use Permit so that an end date can be placed on the approvals.
Attached for reference:
Exhibit 1: Project Narrative
Exhibit 2: Project Site
Exhibit 3: Pictures of Site/Building
ISSUES ANALYSIS
Project Description. The description of the project by Mr. Phillips within the project
narrative is as follows:
Page 166 of 230
Background
Leonard Investments, LLC owns the property at 14702 60th Street North. It was used as
Fury Motors Chrysler Jeep Ram facility until the remodeled dealership was reopened at
12969 60th St North. Redevelopment of this property as a new car dealership is
desired, but the availability of franchises is subject to the market.
Proposed Use and Zonina:
Leonard Investments, LLC and the applicant Phillips Architects is requesting a 2-year
Interim Conditional Use Permit to allow the exterior storage of vehicles for sale as well
as wholesale and retail sales of used vehicles. This will allow the Leonard's and Fury
Motors to continue to seek a new car franchise for this property. Other development
opportunities are also being investigated.
Uses The existing building will be used for cleanup and detailing of vehicles that are for
sale at one of the Fury Motors facilities. There will also be salespeople at the site to
meet potential buyers who will come to the site on an appointment basis. Wholesale
buyers of vehicles that are deemed not suitable for resale at a Fury Motors lot are
expected to bid on these vehicles on a bi-weekly basis initially at an on-site limited
auction. Only licensed auto dealers will be allowed to purchase vehicles at the auctions.
Limited Improvements The existing building will be reopened. This will include
servicing the mechanical and electrical systems. Limited maintenance of the building
will be completed to insure the property is suitable for use by staff and customers. In the
spring the parking lot will be swept and any weeds within the pavement area will be
removed.
Signage No signage is requested at this time.
Continued Marketin-a of the Property Leonard Investments will continue to seek a
new vehicle franchise for this property during the interim use period. Any new franchise
would require a new building and new site work. Leonard Investments will also remain
open to other types of redevelopment for the properly.
Comprehensive Plan. The Comprehensive Plan designates this area as Commercial
on the Proposed Land Use Map. The use of the property for automotive sales and
service is consistent with this land use designation.
Zoning Ordinance. The properly is zoned 13-2, General Business District in which
automotive storage, sales and service is a Conditional Use. The Applicant has applied
for approval under an Interim Use Permit to occupy the existing building for the cleanup
and detailing of vehicles. There will be salespeople at the site and an on-site limited
auction that will be held within the building. Vehicles for sale will be stored in the
parking lot. In that this will be a temporary facility for the dealership, the application is
being processed as an Interim Use Permit so that an end date of two years can be
2
Page 167 of 230
placed on the approvals. The timeline could be extended by the City Council prior to the
expiration of the permit.
Section 401.05. Administration — Interim Use Permits outlines the allowances and
criteria for uses that are to be located on a property for a limited time period. The
criteria for the Interim Use are reviewed later in this report. The report also includes a
review of the Conditional Use Permit criteria for automotive sales and service. Even
though a CUP is not being considered, the criteria are relevant to the review of a car
dealership.
Parking and Traffic. There is adequate parking for a car dealership, customers and
employees.
Vehicle Storage. The cars to be for sale at this site will be deemed as not suitable for
resale at a Fury Motors lot. The vehicles parked in the lot will be required to be
operable. No wrecked can;, body or car parts shall be allowed to be stored outside of
the building. Any other vehicles such as buses, campers and box trucks will be allowed
on site but must be parked in the back of the lot adjacent to the frontage road.
Additionally, no vehicles with off site related advertising shall be allowed on the site at
any time. This includes vehicles displaying painted advertising or temporary banners.
Lighting. The existing parking lot lighting will not be changed at this time. All of the
light fixtures existing on the building shall be replaced with full cut off fixtures with
shields. Any new lighting of the site will need to be in compliance with the Zoning
Ordinance and be subject to review and approval of City staff.
Signage. A commercially produced sign will be required and has been proposed at the
front fagade of the building. All signage shall be subject to compliance with the Zoning
Ordinance.
Trees/Landscaping.
The Applicants are not proposing any changes to the landscaping
at this time. Maintenance of the existing plantings maybe necessary and shall be
subject to City Arborist review.
Grading and Drainage. There will be no grading or drainage changes to the site. Any
grading and drainage issues shall be addressed subject to review and approval of the
City Engineer.
Mechanical Screening. Any additional mechanical equipment added to the building or
site will need to be screened in accordance with Zoning Ordinance requirements.
Trash/Recycling. The site has a trash/recycling enclosure, but the fencing needs to be
repaired. Repair of the enclosure fencing shall be subject to the review and approval of
the Building Official.
3
Page 168 of 230
Design Guidelines. The reuse of the existing structure for a car dealership shall be on
a temporary basis. The building will not be changed from its current appearance except
for paint and minor exterior repairs. The building changes will not be subject to Design
Guidelines review, but the paint and repairs shall be subject to review and approval of
the Building Official.
Interim Use Criteria:
Section 401.05.0 of the Interim Use Permit section specifies a number of criteria for the
review and approval of a use. A review of those criteria are as follows:
2. New Uses.
a. Conforms to all zoning regulations as otherwise applicable.
Comment: The use will be required to comply with Zoning Ordinance use
standards and conform with performance standards for improvements made to
the building and site.
b. The date or event that will terminate the use can be identified with certainty.
Comment: The use will be allowed to continue for two years from the date of
City Council approval.
c. The existence of the use will not impose additional costs on the public if it is
necessary for the public to take the property in the future.
Comment: There should be no issues with public costs.
d. The user agrees to any conditions that the City Council deems appropriate for
permission of the use.
Comment: The applicant will be required to agree to the conditions in writing.
401.30.E Conditional Uses:
As indicated, please find below the review of the conditional use standards for
automotive sales and service. It is recognized that the interim use will not need to fully
comply with all of these items.
B. Open and outdoor services, sale, and rental as a principal or accessory use and
automobile repair minor as an accessory use including new or used automotive, trucks,
boats, or motorized vehicles and related accessory sales and provided that:
a. Outside sales areas are fenced or screened from view of neighboring residential
uses or an abutting residential district in compliance with Section 409.95.E of this
Ordinance.
4
Page 169 of 230
Comment: The outdoor sales areas will not be required to be fenced.
b. All lighting shall be hooded and so directed that the light source shall not be visible
from the public right-of-way or from neighboring residences and shall be in compliance
with Section 401.15.B.7 of this Ordinance.
Comment: The existing, freestanding parking lot lighting is permitted. All
existing and new light fixtures will need to be full cut off and comply with the Zoning
Ordinance requirements.
c. Sales and storage area is black topped, or concrete surfaced and all paved areas
are surrounded by concrete curbing.
Comment: The sales and storage areas are already paved.
d. The architectural appearance, scale, construction materials, and functional plan of
the building and site shall not be dissimilar to the existing nearby commercial and
residential buildings, and shall not cause impairment in property values, or constitute a
blighting influence within a reasonable distance of the site.
Comment: The existing building and site has functioned previously as a
dealership and is not incompatible with the surrounding commercial areas.
e. Adequate analysis and provisions are made to resolve issues related to demand for
services. No use shall be allowed that will exceed the City's ability to provide utility,
police, fire, administrative or other services to the site.
Comment: There should be no service issues with this use.
f. All islands in the parking lot shall be landscaped.
Comment: Not required at this time but would be with a redeveloped site.
g. A strip of not less than ten (10) feet shall be landscaped at the edge of all
parking/driveway areas adjacent to lot lines and the public right-of-way.
i
Comment: Not required at this time but would be with a redeveloped site.
h. All automobile repair activities shall be conducted within the principal structure and
the doors to the service bays shall be kept closed except when vehicles are being
moved in or out of the service areas.
Comment: This will be a condition of approval.
5
Page 170 of 230
i. Facilities on a site contiguous to any residential district shall not be operated between
the hours of 90:00 PM and 6.00 AM unless otherwise allowed by formal action of the
City Council.
Comment: The conditions shall specify the allowed hours of operation.
j. Provisions are made to control and reduce noise in accordance with Section
409.95.B.9 9 of this Ordinance.
Comment: Appropriate conditions will be added to the approval.
k. Vehicular access points shall create a minimum of conflict with through traffic
movement, shall comply with Section 409.95.F of this Ordinance and shall be subject to
the approval of the City Engineer.
Comment: There should be no issues with the current vehicular access points.
1. A drainage system subject to the approval of the City shall be installed.
Comment: The drainage system is in place.
m. All signing and informational or visual communication devices shall be minimized
and shall be in compliance with Section 409.95.G of this Ordinance.
Comment: Addressed in another section. The signage shall be compliant.
n. The provisions of Section 409.03.A.7 of this Ordinance are considered and
satisfactorily met.
Comment: The criteria are found below.
The conditional use permit criteria found in Section 401.03.A.7 of the Zoning Ordinance
have been reviewed and there should be no issues with compliance.
CONCLUSION AND RECOMMENDATION
Based upon the preceding review, City Staff recommends approval of the Interim Use
Permit to allow for automotive sales and service at 14702 60th Street North subject to
the following conditions:
1. The Interim Use of the site by Fury Motors shall be limited to two years from the
date of City Council approval. The applicant may request an extension of the
Interim Use Permit by the City Council prior to its expiration.
6
Page 171 of 230
2. The building changes are not anticipated to be subject to Design Guidelines
review, but the Applicant shall paint the building, make necessary repairs and
provide transparency through the front windows. All paint and repairs shall be
completed by June 1, 2020 and subject to review and approval of the Building
Official.
3. The vehicles parked in the lot will be required to be operable. No wrecked
vehicles, body or vehicle parts shall be allowed to be stored outside of the
building. Any other vehicles such as buses, campers, and box trucks will be
allowed on site but must be parked in the northern one-third of Parcel 33-
030.20.43.0038. No boats, pontoons, semi-trucks and trailers, other equipment,
or storage of materials other than the items specifically listd herein shall be
permitted in any exterior location.
4. The light fixtures existing on the building shall be replaced with full cut off fixtures
with shields. Any new lighting of the site will need to be in compliance with the
Zoning Ordinance and be subject to review and approval of City staff.
5. The outdoor lighting shall be turned off one hour after closing, except for
approved security lighting which shall be full cut off.
6. Changes to the landscape or new plantings are subject to review and approval of
the City Arborist. The monument rocks at the southwest corner of the site shall
be removed no later than June 1, 2020.
7. Jersey barriers stored on the site shall be removed no later than June 1, 2020.
8. Any changes to the grading, drainage or utilities shall be subject to the review
and approval of the City Engineer.
9. Any new mechanical equipment that is located on the roof or ground level and
visible from street level or from neighborhood properties shall be screened with
materials that blend harmoniously with the building facade materials.
10. The fencing for the trash/recycling enclosure shall be repaired. Repair of the
enclosure fencing shall be subject to the review and approval of the Building
Official.
11. A commercially produced sign shall be affixed to the face of the building that
defines the site as operated by Fury Motors and such sign plan shall be provided
to the City subject to City Staff review and approval. The sign shall be installed
no later than June 1, 2020.
12. The use of an exterior announcement system shall not be allowed.
13. All storage of materials, parts and supplies shall be interior to the building.
7
Page 172 of 230
14. All vehicle auctions and auto repair activities shall be conducted indoors and the
overhead doors to service bays shall be kept closed at all times except when
moving vehicles in and out.
15. Automotive sales and service shall not be conducted between the hours of 8:00
PM and 8:00 AM unless otherwise allowed by formal action of the City Council.
16. No vehicles with on or off-site related advertising shall be allowed on the site at
any time. This includes vehicles displaying painted advertising or temporary
banners.
17. The applicant shall receive and retain, if required, a Hazardous Waste
Generators License for batteries, oil and tires from Washington County.
8
Page 173 of 230
PH1LLIP5 Architects & Contractors, Ltd.
January 28, 2020 Revised
Brief Narrative for Interim Conditional Use Permit
Fury Motors
14702 60`Street North,Oak Park Heights, MN
Dackaround
Leonard lnveotment5, LLC owns the property at 14702 E50"Street North. It was used a5
Fury Motors Chrysler Jeep Ram facility until the remodeled dealership was reopened at 12969
60`"5t North. Redevelopment of this property a5 a new car dealership is desired,but the
availability of franchises is subject to the market.
Proposed Use and Zoning:
Leonard Investments, LLC and the applicant Phillips Architects is requesting a 2 year Interim
Conditional Use Permit to allow the exterior storage of vehicles for Sale ae well ae wholesale and
retail sales of used vehicles.This will allow the Leonard's and Fury Motors to continue to Seek a
new car franchise for this property.Other development opportunities are also being
investigated.
Uses The existing building will be used for cleanup and detailing of vehiclee that are for Sale at
one of the Fury Motors facilities.There will also be salespeople at the site to meet potential
buyers who will come to the rite on an appointment basis.Wholceale buyers of vehiclee that are
deemed not suitable for reeale at a Fury Motors lot are expected to bid on these vehiclee on a
H-weekly basis initially at an on-site limited auction.Only licensed auto dealers will be allowed to
purchase vehicles at the auctions.
Limited Improvements The existing building will be reopened.This will include servicing the
mechanical and electrical systems. Limited maintenance of the building will be completed to
insure the property is Suitable for use by Staff and customers. In the spring the parking lot will
be Swept and any weeds within the pavement area will be removed.
511ginage No signage is requested at this time.
401 North Third Street.Suite 450,Minneapolis,MN 55401 Ph.(612)377-3333
Page 174 of 230
Fury Motors Interim CUP Narrative January 28,2020
14702 60"Street North,Oak Park Heights, MN
Continued Marketing of the Property Leonard InveCtments will continue to seek a new vehicle
franchise for thio property during the interim use period.Any new franchise would require a new
building and new Cite work. Leonard Investments will also remain open to other types of
redevelopment for the property.
Contact List'
Owner: Applicant/Architect:
Leonard lnveotmente, LLC PHILLIPS ArchitectC
1000 South Concord 401 North Third Street,Suite 450
South 5t. Paul, MN 55075 Minneapolis, MN 55401
Attn.: Jim Leonard Attn.: David A. Phillips
Email:jim@--furyrnotors.com Email: d hilii SCS hilli sarchitects.com
Phone: 651-451-1313 Cell: 612-868-1261
Phillips Architects for Leonard Inueotments respectfullyrequests approval of thio Interim
Conditional Use Permit for the former dealership facility at 94702 North 60'Street.
Page 175 of 230
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4
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 THAT THE
REQUEST BY DAVID PHILLIPS, REPRESENTING LEONARD
INVESTMENTS LLC, FOR AN INTERIM USE PERMIT TO
ALLOW FOR OUTDOOR AUTOMOTIVE STORAGE AND
AUTOMOTIVE SALES AND SERVICE AT 14702 60' STREET
NORTH SHOULD BE APPROVED WITH CONDITIONS
WHEREAS, the City of Oak Park Heights has received a request from David Phillips,
representing Leonard Investments LLC, for an Interim Use Permit to allow outdoor
automotive storage and automotive sales and service at 14702 60th Street North, and after
having conducted a public hearing relative thereto, the Planning Commission of Oak Park
Heights makes the following findings of fact:
1. The real property affected by said application is legally described as
follows,to wit:
SEE ATTACHMENT A
and
2. The applicant has submitted an application and supporting documentation
to the Community Development Department consisting of the following items:
SEE ATTACHMENT B
and
3. The property is zoned B-2, General Business District in which automotive
sales and service use is a conditional use; and
4. Leonard Investments has requested an Interim Use to occupy the existing
building for the cleanup and detailing of vehicles. There will be salespeople at the site
and an on-site limited action that will be conducted in the building. Vehicles for sale will
be stored in the parking lot; and
5. The existing building and site will be a temporary facility for the
dealership requiring an Interim Use Permit. Approval of the use would be for a period of
two years,with the possibility of an extension by the City Council; and
Page 185 of 230
6. City staff prepared a planning report dated February 6, 2020 reviewing the
request; and
7. Said report recommended approval of the Interim Use Permit subject to
the fulfillment of conditions; and
8. The Planning Commission held a public hearing at their February 13, 2020
meeting, took comments from the applicants and public, closed the public hearing, and
made the following recommendation:
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 application submitted by David Phillips, representing Fury Jeep for an
Interim Use Permit to allow for automotive sales and service at 14702 60" Street North
and affecting the real property as follows:
SEE ATTACHMENT A
Be and the same as hereby recommended to the City Council of the City of Oak Park
Heights for approval with the following conditions:
1. The Interim Use of the site by Fury Motors shall be limited to two years from the
date of City Council approval. The applicant may request an extension of the
Interim Use Permit by the City Council prior to its expiration.
2. The building changes are not anticipated to be subject to Design Guidelines
review, but the Applicant shall paint the building, make necessary repairs and
provide transparency through the front windows. All paint and repairs shall be
completed by June 1, 2020 and subject to review and approval of the Building
Official.
3. The vehicles parked in the lot will be required to be secured and operable. No
wrecked vehicles, body or vehicle parts shall be allowed to be stored outside of
the building. Any other vehicles such as buses, campers, and box trucks will be
allowed on site but must be parked in the northern one-third of Parcel 33-
030.20.43.0038. No boats,pontoons, semi-trucks and trailers, other equipment, or
storage of materials other than the items specifically listed herein shall be
permitted in any exterior location.
4. The light fixtures existing on the building shall be replaced with full cut off
fixtures with shields. Any new lighting of the site will need to be in compliance
with the Zoning Ordinance and be subject to review and approval of City staff.
2
Page 186 of 230
5. The outdoor lighting shall be turned off one hour after closing, except for
approved security lighting which shall be full cut off.
6. Changes to the landscape or new plantings are subject to review and approval of
the City Arborist. The monument rocks at the southwest corner of the site shall
be removed no later than June 1,2020.
7. Jersey barriers stored on the site shall be removed no later than June 1, 2020.
8. Any changes to the grading, drainage or utilities shall be subject to the review and
approval of the City Engineer.
9. Any new mechanical equipment that is located on the roof or ground level and
visible from street level or from neighborhood properties shall be screened with
materials that blend harmoniously with the building fagade materials.
10. The fencing for the trash/recycling enclosure shall be repaired. Repair of the
enclosure fencing shall be subject to the review and approval of the Building
Official.
11. A commercially produced sign shall be affixed to the face of the building that
defines the site as operated by Fury Motors and such sign plan shall be provided
to the City subject to City Staff review and approval. The sign shall be installed
no later than June 1, 2020.
12. The use of an exterior announcement system shall not be allowed.
13. All storage of materials,parts and supplies shall be interior to the building.
14. All vehicle auctions and auto repair activities shall be conducted indoors and the
overhead doors to service bays shall be kept closed at all times except when
moving vehicles in and out.
15. Automotive sales and service shall not be conducted between the hours of 8:00
PM and 7:00 AM unless otherwise allowed by formal action of the City Council.
16. No vehicles with on or off-site related advertising shall be allowed on the site at
any time. This includes vehicles displaying painted advertising or temporary
banners.
17. The applicant shall receive and retain, if required, a Hazardous Waste
Generators License for batteries, oil and tires from Washington County.
Recommended by the Planning Commission of the City of Oak Park Heights this 13'h day
of February 2020.
3
Page 187 of 230
Timothy Freeman, Chair
ATTEST:
Eric A. Johnson, City Administrator
i
r
r
i
4
Page 188 of 230
Attachment A
Physical Address: 14702 60th St. N.
Washington County Property I.D.: 33-030-20-43-0042
Legal Description:
33.030.20.43.0042:
PARTS BLKS 5 & 8 EXC E 181FT TOG W EASE OVER WLY DRIVEWAY ON E
181 FT INC VACATED WILLIM STREET& S 1/2 OF VAC MYRON ST ADJ BLK 5
SUBDIVISIONNAME SUMMIT PARK BLOCK 5 SUBDIVISIONCD 61245
33.030.20.43.0057
PART OF BLOCKS 5 & 8 & ALL THAT PT OF VAC WILLIAM ST ADJ TO SD
BLKS-COM AT INTERS OF C/L OF VAC MYRON ST WITH WLY LINE OF
OSGOOD AVE N-FORMERLY S 4TH ST THN S ALG SD WLY LN OF OSGOOD
AVE N-FORMERLY S 4TH ST-ON AN ASSUM BEAR OF SODEG15 '20"E FOR
213.30FT TO PT OF BEG OF THIS DESC THN N89DEG54' 57"W PAR WITH SD
C/L OF MYRON ST FOR 181FT THN SODEGI5'20"E PAR WITH SD WLY LN OF
OSGOOD AVE N-FORMERLY S 4TH ST-FOR 160.46FT TO ITS INTERSECT WITH
R/W OF MN HWY 212 THN N59DEG04 '36"E ALG SD R/W OF MN HWY 212 FOR
82.55FT THN N72DEG21'15"E ALG SD R/W OF MN HWY 212 FOR 115.26FT TO
SD WLY LN OF OSGOO D AVE N-FORMERLY S 4TH ST-THN NODEG15'20"W
ALG SD WLY LN OF OSGOOD AVE N-FORMERLY S 4TH ST FOR 82.83FT TO PT
OF BEG SUBJ TO EASE AND THAT PT OF BLK 5 DESC AS FOLL:COM cnr,NE
COR SD BLK 5 THN SOIDEG00'33"E ASM BRG ALG E LN SD SLK 5 A DIST OF
181.30FT TO S LN OF N 181.30FT OF SD BLK 5 & POB THN S89DEG19'13"W ALG
SD S LN 103.52FT THN S82DEG26'25" W 16.70FT TO S LN OF N 183.30F T SD
BLK 5 THN N89DEG19'13"E ALG SD S LN 120.1OFT TO SD E LN BLK 5 THN
NOIDEG00'33"W ALG SD E LN OF BLK 5 DIST OF 2.00F T TO POB EXC THAT PT
OF BLK 5 DESC AS FOLL:COM (a,NE COR SD BLK 5 THN SOIDEG00'33"E ASM
BRG ALG E LN OF SD BLOCK 5 A DIS 181.30FT TO THE S LN OF THE N
181.30FT OF SD BLK 5 THN S89DEG19'13"W ALG SD S LN 103.52FT THN S82DE
G26'25"E 16.70FT TO THE S LN OF THE N 183.3OFT OF THE BLK 5 & THE PT OF
BEG THN CONTINUE S82DEG26'25"W 61.29FT TO THE W LN OF THE E 181FT
OF SD BLK 5 THN NOIDEG00'33"W ALG SD W LN 7.34FT TO SD S LINE OF N
183.3 OFT OF SD BLK 5 THN N89DEG19' 13"E ALG SD S LN 60.90FT TO THE PT
OF BEG SUBDIVISIONNAME SUMMIT PARK BLOCK 5 SUBDIVISIONCD 61245
Page 189 of 230
ATTACHMENT B
Application Materials
• Application Form
• Fees
• Plan Sets
• Written Narrative and Graphic Materials Explaining Proposal
• Proof of Ownership or Authorization to Proceed
• Property Tax Statement(s)/Legal Description(s)
Required Approvals:
City Council 4/5
Interim Use Permits - Termination:
An interim use permit shall terminate on the happening of any of the following events,
whichever first occurs:
1. The date stated in the permit or ordinance.
2. Upon violation of conditions under which the permit was issued.
3. Upon change in the City's zoning regulations which renders the use non-conforming.
4. The redevelopment of the use and property upon which it is located to permitted or
conditional use as allowed within the respective zoning district.
Page 190 of 230
RESOLUTION NO.
CITY COUNCIL
CITY OF OAK PARK HEIGHTS
WASHINGTON COUNTY,MINNESOTA
A RESOLUTION ESTABLISHING FINDINGS OF FACT AND
RECOMMENDING TO THE CITY COUNCIL THAT THE
REQUEST BY DAVID PHILLIPS, REPRESENTING LEONARD
INVESTMENTS LLC, FOR AN INTERIM USE PERMIT TO
ALLOW FOR OUTDOOR AUTOMOTIVE STORAGE AND
AUTOMOTIVE SALES AND SERVICE AT 14702 60'' STREET
NORTH BE APPROVED WITH CONDITIONS
WHEREAS, the City of Oak Park Heights has received a request from David Phillips,
representing Leonard Investments LLC, for an Interim Use Permit to allow outdoor
automotive storage and automotive sales and service at 14702 60th Street North, and after
having conducted a public hearing relative thereto, the Planning Commission of Oak Park
Heights recommended that the request be approved with conditions. The City Council of
the City of Oak Park Heights makes the following findings of fact and resolution:
1. The real property affected by said application is legally described as
follows,to wit:
SEE ATTACHMENT A
and
2. The applicant has submitted an application and supporting documentation
to the Community Development Department consisting of the following items:
SEE ATTACHMENT B
and
3. The property is zoned B-2, General Business District in which automotive
sales and service use is a conditional use; and
4. Leonard Investments has requested an Interim Use to occupy the existing
building for the cleanup and detailing of vehicles. There will be salespeople at the site
and an on-site limited action that will be conducted in the building. Vehicles for sale will
be stored in the parking lot; and
5. The existing building and site will be a temporary facility for the
dealership requiring an Interim Use Permit. Approval of the use would be for a period of
two years,with the possibility of an extension by the City Council; and
Page 191 of 230
6. City staff prepared a planning report dated February 6, 2020 reviewing the
request; and
7. Said report recommended approval of the Interim Use Permit subject to
the fulfillment of conditions; and
8. The Planning Commission held a public hearing at their February 13, 2020
meeting, took comments from the applicants and public, closed the public hearing, and
recommended the application with conditions.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL FOR
THE CITY OF OAK PARK HEIGHTS THAT THE CITY COUNCIL APPROVES
THE FOLLOWING:
A. The application submitted by David Phillips representing Leonard Investments
LLC, for an Interim Use Permit to allow outdoor automotive storage and automotive
sales and service at 14702 60a'Street North and affecting the real property as follows:
SEE ATTACHMENT A
Be and the same as hereby approved by the City Council of the City of Oak Park Heights
with the following conditions:
1. The Interim Use of the site by Fury Motors shall be limited to two years from the
date of City Council approval. The applicant may request an extension of the
Interim Use Permit by the City Council prior to its expiration.
2. The building changes are not anticipated to be subject to Design Guidelines
review, but the Applicant shall paint the building, make necessary repairs and
provide transparency through the front windows. All paint and repairs shall be
completed by June 1, 2020 and subject to review and approval of the Building
Official.
3. The vehicles parked in the lot will be required to be secured and operable. No
wrecked vehicles, body or vehicle parts shall be allowed to be stored outside of
the building. Any other vehicles such as buses, campers, and box trucks will be
allowed on site but must be parked in the northern one-third of Parcel 33-
030.20.43.0038. No boats,pontoons, semi-trucks and trailers, other equipment, or
storage of materials other than the items specifically listed herein shall be
permitted in any exterior location.
4. The light fixtures existing on the building shall be replaced with full cut off
fixtures with shields. Any new lighting of the site will need to be in compliance
with the Zoning Ordinance and be subject to review and approval of City staff.
2
Page 192 of 230
5. The outdoor lighting shall be turned off one hour after closing, except for
approved security lighting which shall be full cut off.
6. Changes to the landscape or new plantings are subject to review and approval of
the City Arborist. The monument rocks at the southwest corner of the site shall
be removed no later than June 1,2020.
7. Jersey barriers stored on the site shall be removed no later than June 1, 2020.
8. Any changes to the grading, drainage or utilities shall be subject to the review and
approval of the City Engineer.
9. Any new mechanical equipment that is located on the roof or ground level and
visible from street level or from neighborhood properties shall be screened with
materials that blend harmoniously with the building&;ade materials.
10. The fencing for the trash/recycling enclosure shall be repaired. Repair of the
enclosure fencing shall be subject to the review and approval of the Building
Official.
11. A commercially produced sign shall be affixed to the face of the building that
defines the site as operated by Fury Motors and such sign plan shall be provided
to the City subject to City Staff review and approval. The sign shall be installed
no later than June 1,2020.
12. The use of an exterior announcement system shall not be allowed.
13. All storage of materials,parts and supplies shall be interior to the building.
14. All vehicle auctions and auto repair activities shall be conducted indoors and the
overhead doors to service bays shall be kept closed at all times except when
moving vehicles in and out.
15. Automotive sales and service shall not be conducted between the hours of 8:00
PM and 7:00 AM unless otherwise allowed by formal action of the City Council.
16. No vehicles with on or off-site related advertising shall be allowed on the site at
any time. This includes vehicles displaying painted advertising or temporary
banners.
17. The applicant shall receive and retain, if required, a Hazardous Waste
Generators License for batteries, oil and tires from Washington County.
Approved by the City Council of the City of Oak Park Heights this 25th day of February
2020.
3
Page 193 of 230
Mary McComber, Mayor
ATTEST:
Eric A. Johnson, City Administrator
4
Page 194 of 230
Attachment A
Physical Address: 14702 60th St. N.
Washington County Property I.D.: 33-030-20-43-0042
Legal Description:
33.030.20.43.0042:
PARTS BLKS 5 & 8 EXC E 181FT TOG W EASE OVER WLY DRIVEWAY ON E
181 FT INC VACATED WILLIM STREET& S 1/2 OF VAC MYRON ST ADJ BLK 5
SUBDIVISIONNAME SUMMIT PARK BLOCK 5 SUBDIVISIONCD 61245
33.030.20.43.0057
PART OF BLOCKS 5 & 8 &ALL THAT PT OF VAC WILLIAM ST ADJ TO SD
BLKS-COM AT INTERS OF C/L OF VAC MYRON ST WITH WLY LINE OF
OSGOOD AVE N-FORMERLY S 4TH ST THN S ALG SD WLY LN OF OSGOOD
AVE N-FORMERLY S 4TH ST-ON AN ASSUM BEAR OF SODEGI 5 '20"E FOR
213.30FT TO PT OF BEG OF THIS DESC THN N89DEG54' 57"W PAR WITH SD
C/L OF MYRON ST FOR 181FT THN SODEGI5'20"E PAR WITH SD WLY LN OF
OSGOOD AVE N-FORMERLY S 4TH ST-FOR 160.46FT TO ITS INTERSECT WITH
R/W OF MN HWY 212 THN N59DEG04 '36"E ALG SD R/W OF MN HWY 212 FOR
82.55FT THN N72DEG21'15"E ALG SD R/W OF MN HWY 212 FOR 115.26FT TO
SD WLY LN OF OSGOO D AVE N-FORMERLY S 4TH ST-THN NODEG15'20"W
ALG SD WLY LN OF OSGOOD AVE N-FORMERLY S 4TH ST FOR 82.83FT TO PT
OF BEG SUBJ TO EASE AND THAT PT OF BLK 5 DESC AS FOLL:COM @ NE
COR SD BLK 5 THN SOIDEG00'33"E ASM BRG ALG E LN SD BLK 5 A DIST OF
181.30FT TO S LN OF N 181.30FT OF SD BLK 5 &POB THN S89DEG19'13"W ALG
SD S LN 103.52FT THN S82DEG26'25" W 16.70FT TO S LN OF N 183.30F T SD
BLK 5 THN N89DEG 19'13"E ALG SD S LN 120.l OFT TO SD E LN BLK 5 THN
NOIDEG00'33"W ALG SD E LN OF BLK 5 DIST OF 2.0017 T TO POB EXC THAT PT
OF BLK 5 DESC AS FOLL:COM @ NE COR SD BLK 5 THN SOIDEG00'33"E ASM
BRG ALG E LN OF SD BLOCK 5 A DIS 181.30FT TO THE S LN OF THE N
181.30FT OF SD BLK 5 THN S89DEGI 9'13"W ALG SD S LN 103.52FT THN S82DE
G26'25"E 16.70FT TO THE S LN OF THE N 183.3OFT OF THE BLK 5 & THE PT OF
BEG THN CONTINUE S82DEG26'25"W 61.29FT TO THE W LN OF THE E 181FT
OF SD BLK 5 THN NO1 DEG00'33"W ALG SD W LN 7.34FT TO SD S LINE OF N
183.3 OFT OF SD BLK 5 THN N89DEG19' 13"E ALG SD S LN 60.90FT TO THE PT
OF BEG SUBDIVISIONNAME SUMMIT PARK BLOCK 5 SUBDIVISIONCD 61245
Page 195 of 230
ATTACHMENT B
Application Materials
• Application Form
• Fees
• Plan Sets
• Written Narrative and Graphic Materials Explaining Proposal
• Proof of Ownership or Authorization to Proceed
• Property Tax Statement(s)/Legal Description(s)
Required Approvals:
City Council 4/5
Interim Use Permits - Termination:
An interim use permit shall terminate on the happening of any of the following events,
whichever first occurs:
1. The date stated in the permit or ordinance.
2. Upon violation of conditions under which the permit was issued.
3. Upon change in the City's zoning regulations which renders the use non-conforming.
4. The redevelopment of the use and property upon which it is located to permitted or
conditional use as allowed within the respective zoning district.
Page 196 of 230
Oak Park Heights
Request for Council Action
Meeting Date Februaly 25,2020
Time Required: 1 Minute
Agenda Item Title: Chief of Police—Possible Retirement and Hiring Process
Agenda Placement New Business
Originating Department/Reque r o Ci inistrator
Requester's Signature
Action Requested Discussion. P ble Action.
Background/Justification(Plea indicate if any previous action has been taken or if other public
bodies have advised):
In discussing with Chief Brian DeRosier and anticipated retirement dates,the time is now appropriate for the City
to begin to initiate the process for identifying his replacement. This process will take significant time and
consideration on the part of the City identify an appropriate pool of candidates—both internal and/or external and
to make the Council's preferred selection.
To begin this process, enclosed is a proposed timeline and which includes the creation of a Search and Review
Committee.If this enclosure is acceptable, Staff would request two actions:
1. Approve the enclosed timeline and its related concepts.
2. Create a Search and Review Committee consisting of
• Appoint TWO Members of the City Council.
• City Administrator
• City Attorney
• City Clerk(or other Senior Staff Member)
• Possible Consultant or Former Chief from MN City.
NOTE: Costs associated with this process are unknown and will depend on the City's ability to find assistance
from a former chief and/or are other consultants necessary. Some final testing and background reporting will
also be necessary for both internal and external candidates.
Page 197 of 230
TEMA
City of Oak Park Heights
14168 Oak Park Blvd. N•Oak Park Heights,MN 55082•Phone 651 439-4439•Fax 651 439-0574
February 19,2020
TO: City Council Mem rs /
FROM: Eric Johnson,Ci Admin'
RE: Chief of Police— etiremen 20
In discussing with Brian DeRosier an nticipated red t dates,the time is now appropriate for the City to begin to
initiate the process for identifying such I his process will take significant time and consideration on the
part of the City identify an appropriate pool of cand tes—both internal and/or external and to make your preferred
selection.
The Chief has indicated to me two items which are pertinent to any process:
1. That his timeline is to leave the City in late 2020,but certainly not later than Dec 31 st,2020.
2. That he would like very limited input into any process.
Accordingly:To layout a possible timeline/process,certainly subject to revision,here is a plan:
Feb 2020 Formally initiate the replacement search;direct staff to prepare general position description and
announcements.City Council appoints Chief of Police'Search&Review(S&R)Committee',
This Committee could also include a qualified Chief from another city and/or a CONSULTANT with
the roles and duties of the position.
Mar 2020 Review Committee meets to discuss and finalizes job description and items noted below;posts
position for applications to be received—numerous locations LMC/MCA,etc.S&R Committee to
establish scoring criteria for received applications. This will of course depend on process or
internal versus external candidates.
April-May 2020 Solicit and Receive all applications;S&R Committee members score and rank applications
independently;Committee meets to select candidates for interviews.Schedule Interviews.A written
test should also be developed.
June-July 2020 Hold interviews,review test scores and determine top two or three candidates. Initiate in-depth
background check process and psychological report.City Council and S&R Review Committee
hold final joint interview with top candidates.Review Committee makes final recommendation to
City Council.City Council selects its preferred candidate and job offer is extended—possible
contingencies.
Aug-Sept 2020 New'Chief takes position as"Deputy Chief"as an interim position and works with Brian DeRosier
for defined period of time.This length can certainly vary if internal or external hire.
Jan 1st 2021 Brian DeRosier leaves the City;New Chief assumes full role.
FURTHER THINGS TO CONSIDER BY THE S&R Committee-TBD:
1. Does the City want to first ONLY consider internal candidates or open up to all internal and external?
2. Does the City desire to hire a outside Consultant to facilitate this+/-$10,000 or perhaps a Local former Chief as a guide?
3. Should a patrol officer be part of the Search and Review Committee?Or other Staff Input such as a SURVEY?Both?
4. Other items?
Page 198 of 230
Oak Park Heights
Request for Council Action
Meeting Date February 25th,2020
Time Required: 5 Minutes
Agenda Item Title: Comprehensive Plan 7,,218U to/Ado do
Agenda Placement New Business
Originating Department/Request o i Administrator
Requester's Signature
Action Requested Discussi Zible Action
Background/Justification(Pleas i icate if any previous action has been taken or if other public
bodies have advised):
Please see the following fro colt Richards, City Planning Consultant
1. Staff Report dated February 10,2020
2. Proposed City Council Resolution.
3. December 10—MET COUNCIL Letter—Notice of Council Action
Page 199 of 230
TPC3601 Thurston Avenue N, Suite 100
Anoka, MN 55303
Phone:763.231.5840
Facsimile: 763.427.0520
TPCi@PlanningCo.com
MEMORANDUM
TO: Eric Johnson
FROM: Scott Richards
DATE: February 19, 2020
RE: Oak Park Heights— Comprehensive Plan 2018
TPC FILE: 226.10
METROPOLITAN COUNCIL REVIEW
On December 18, 2019 the Metropolitan Council sent a letter indicating that the Oak
Park Heights Comprehensive Plan 2018 had been reviewed by the Council and that it
was found to meet all the requirements of the Metropolitan Land Planning Act. Please
find attached the letter from the Metropolitan Council.
The Planning Commission, at their February 13, 2020 meeting, recommended to the
City Council that the final draft of the Comprehensive Plan 2018 is complete, has met all
the requirements of the Metropolitan Council and should be approved.
CONCLUSION/RECOMMENDATION
The City Council should approve the attached resolution of approval of the final draft of
the Comprehensive Plan 2018. A link to the Comprehensive Plan has been provided on
the City's website.
In consideration of paper conservation, we are providing the website link. If you would
prefer a paper copy, one will be supplied to you. A flash drive of the plan could also be
provided.
ATTACHMENTS
1. Letter from Metropolitan Council — December 18, 2019
2. Resolution of Approval — Comprehensive Plan 2018
PC: Julie Hultman
Page 200 of 230
RESOLUTION NO.
CITY COUNCIL
CITY OF OAK PARK HEIGHTS
WASHINGTON COUNTY,MINNESOTA
A RESOLUTION ADOPTING THE OAK PARK HEIGHTS COMPREHENSIVE PLAN
2018 UPDATE,AND THE COMPREHENSIVE SEWER PLAN,
A COMPILATION OF POLICY STATEMENTS, GOALS, STANDARDS,AND MAPS
FOR GUIDING THE OVERALL DEVELOPMENT AND REDEVELOPMENT OF THE
CITY OF OAK PARK HEIGHTS
WHEREAS, Minnesota Statutes section 473.864 requires each local governmental unit
to review and,if necessary,amend its entire comprehensive plan and its fiscal devices and official
controls at least once every ten years to ensure its comprehensive plan conforms to metropolitan
system plans and ensure its fiscal devices and official controls do not conflict with the
comprehensive plan or permit activities that conflict with metropolitan system plans; and
WHEREAS,Minnesota Statutes sections 473.858 and 473.864 require local governmental
units to complete their"decennial"reviews by December 31,2018; and
WHEREAS,the City of Oak Park Heights authorized the review and update of its
Comprehensive Plan, including the Comprehensive Sewer Plan; and
WHEREAS,the proposed City of Oak Park Heights Comprehensive Plan 2018 is a
planning tool intended to guide the future growth and development of Oak Park Heights in a
manner that conforms with metropolitan system plans and complies with the Metropolitan Land
Planning Act and other applicable planning statutes; and
WHEREAS,the proposed City of Oak Park Heights Comprehensive Plan 2018 reflects a
community planning process conducted in the years 2017 through 2020 involving elected
officials,appointed officials, city staff, community organizations,the public at large, and other
stakeholders; and
WHEREAS,pursuant to Minnesota Statutes section 473.858, the proposed
Comprehensive Plan 2018 was submitted to adjacent governmental units and affected special
districts and school districts for review and comment on June 29,2018 and the statutory six-
month review and comment period has elapsed; and
WHEREAS,the Planning Commission has considered the proposed Comprehensive
Plan 2018 and all public comments, and thereafter submitted its recommendations to the City
Council of the City of Oak Park Heights; and
WHEREAS,the Oak Park Heights Planning Commission has considered the
Comprehensive Plan 2018,held an open house and public hearing on April 12,2018, a public
Page 201 of 230
hearing on December 12, 2018, and thereafter submitted its recommendation to the City Council
of the City of Oak Park Heights on February 13, 2020; and
WHEREAS,the City Council of the City of Oak Park Heights approved Resolution 19-
01-08 authorizing the proposed Comprehensive Plan 2018, including the Comprehensive Sewer
Plan,to be submitted to the Metropolitan Council for review; and
WHEREAS, at its regular meeting on December 11,2019,the Metropolitan Council
completed its review of the proposed Comprehensive Plan 2018 and the Comprehensive Sewer
Plan and found that the Plan meets the requirements of the Metropolitan Land Planning Act;
conforms to the metropolitan system plans for transportation(including aviation), water
resources, and parks; is consistent with Thrive MSP 2040; and is compatible with the plans of
adjacent jurisdictions and affected special districts and school districts;
WHEREAS,the Comprehensive Plan 2018 includes all revisions made during the
review process and responds to additional advisory comments that are part of the Metropolitan
Council's actions authorizing the City of Oak Park Heights to place its proposed Comprehensive
Plan 2018 into effect; and
WHEREAS, the Metropolitan Council approves the City of Oak Park Height's
Comprehensive Sewer Plan.
NOW THERE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
OAK PARK HEIGHTS,MINNESOTA, that the City of Oak Park Heights Comprehensive
Plan 2018, including the Comprehensive Sewer Plan,is adopted and is effective as of the date of
this resolution.
BE IT FURTHER RESOLVED that,pursuant to sections 473.864 and 473.865 of the
Metropolitan Land Planning Act,the City of Oak Park Heights will: (1)review its fiscal devices
and official controls; (2) if necessary, amend its fiscal devices and official controls to ensure they
do not conflict with the Comprehensive Plan 2018 or permit activity in conflict with
metropolitan system plans; and(3) submit amendments to fiscal devices or official controls to
the Metropolitan Council for"information purposes."
Approved by the City Council of the City of Oak Park Heights this 25th day of February 2020.
ATTEST: Mary McComber, Mayor
Eric A. Johnson, City Administrator
Page 202 of 230
December 18, 2019
Scott Richards, Consulting Planner
City of Oak Park Heights
3601 Thurston Avenue North
Anoka, MN 55303
RE: City of Oak Park Heights 2040 Comprehensive Plan -Notice of Council Action
Metropolitan Council Review File No. 22079-1
Metropolitan Council District 12, Francisco J. Gonzalez
Dear Mr. Richards:
The Metropolitan Council reviewed the City of Oak Park Heights Comprehensive Plan (Plan) at
its meeting on December 11, 2019. The Council based its review on the staffs report and
analysis (attached).
The Council found that the City's 2040 Plan meets all Metropolitan Land Planning Act
requirements; conforms to the regional system pians including-transportation, aviation, water
resources management, and parks; is consistent with Thrive MSP 2040; and is compatible with
the plans of adjacent jurisdictions.
In addition to the Advisory Comments and Review Record, the Council adopted the following
recommendations.
1. Authorize the City of Oak Park Heights to place its 2040 Comprehensive Plan into
effect.
2. Revise the City's forecasts downward as shown in Table 1 of the attached Review
Record.
3. Advise the City to implement the advisory comments in the Review Record for Transit.
4. Approve the City of Oak Park Heights Comprehensive Sewer Plan.
Please consult the attached staff report for important information about the City's next steps. Of
particular importance are the Council's actions, listed on page 1, general Advisory Comments
listed on page 3, and the specific comments for technical review areas, which are found in the
body of the report. The final copy of the Plan needs to include all supplemental
information/changes made during the review.
'0 Robert
651,602,1000 . i e o s e � ,9V2%OLCI 1AV
Scott Richards, Consulting Planner
December 18, 2019
Page 2
Congratulations on completing this important project. It was a pleasure to work with the City's
staff and consultants throughout the review process.
Sincerely,
aM"-4W%--
Angela R. Torres,AICP, Manager
Local Planning Assistance
Attachment
cc: Eric A. Johnson, City Administrator, City of Oak Park Heights
Tod Sherman, Development Reviews Coordinator, MnDOT Metro Division
Francisco J. Gonzalez, Metropolitan Council, District 12
Corrin Wendell,AICP, Sector Representative/Principal Reviewer
Raya Esmaeili, AICP, Reviews Coordinator
NACommDevILPAICommunitieslOak Park HelghtsV-etterslOak Park Heights 2019 20467-1 Post Council Action.doc
Page 204 of 230
Committee Report
Business Item No. 2019-308 JT
Community Development Committee
Meeting date: November 4, 2019
Environment Committee
Meeting date: November 12, 2019
For the Metropolitan Council meeting of December 11 2019
Subject: The City of Oak Park Heights 2040 Comprehensive Plan and Comprehensive Sewer Plan,
Review File 22079-1
Proposed Action
That the Metropolitan Council adopt the attached Advisory Comments and Review Record and take the
following actions:
Recommendations of the Community Development Committee
1. Authorize the City of Oak Park Heights to place its 2040 Comprehensive Plan into effect.
2. Revise the City's forecasts downward as shown in Table 1 of the attached Review Record.
3. Advise the City to implement the advisory comments in the Review Record for Transit.
Recommendation of the Environment Committee
1. ApprovQ the City of Oak Park Heights's Comprahensive Sewer Plan.
Community Development Committee Summary of Committee Discussion/Questions
Senior Planner Corrin Wendell presented the staff's report to the Committee. There were no
representatives from the City of Oak Park Heights in attendance. The Community Development
Committee unanimously recommended approval of the proposed action with no questions or discussion
at its meeting on November 4, 2019.
Environment Committee Summary of Committee Discussion/Questions
Page-1 METROPOLITAN A
Page 205 of 230
Joint Business Item No. 2019-308 JT
Community Development Committee
Meeting date: November 4, 2019
Environment Committee
Meeting date: November 12, 2019
For the Metropolitan Council meeting of December 11, 2019
Subject: City of Oak Park Heights 2040 Comprehensive Plan and Comprehensive Sewer Plan, Review
File 22079-1
District(s), Member(s): District 12, Francisco J. Gonzalez
Policy/Legal Reference: Metropolitan Land Planning Act (Minn. Stat. §473.175), Minn. Stat. §
473.513
Staff Prepared/Presented: Corrin Wendell, Senior Planner(651-602-1832)
Angela R. Torres, Local Planning Assistance Manager(651-602-1566)
Kyle Colvin, Engineering Programs, Manager(651-602-1151)
Division/Department: Community Development/Regional Planning
Environmental Services/Technical Services
Proposed Action
That the Metropolitan Council adopt the attached Advisory Comments and Review Record and take the
following actions:
Recommendations of the Community Development Committee `
1. Authorize the City of Oak Park Heights to place its 2040 Comprehensive Plan into effect.
2. Revise the City's forecasts downward as shown in Table 1 of the attached Review Record,
3. Advise the City to implement the advisory comments in the-Review Record for Transit.
Recommendation of the Environment Committee
1. Approve the City of Oak Park Heights's Comprehensive Sewer Plan.
Page-2 1 METROPOLITAN COUNCIL
Page 206 of 230
Advisory Comments
The following Advisory Comments are part of the Council action authorizing the City of Oak Park
Heights to implement its 2040 Comprehensive Plan (Plan).
_Community Development Committee
1. As stated in the Local Planning Handbook, the City must take the following steps:
a. Adopt the Plan in final form after considering the Councils review recommendations as
contained in the body of this report.
b. Submit one hard copy and one electronic copy of the Plan to the Council. The electronic
copy must be submitted as one unified file.
c. Submit to the Council a copy of the City Council resolution evidencing final adoption of
the Plan.
2. The Local Planning Handbook also states that local governments must formally adopt their
comprehensive plans within nine months after the Council's final action. If the Council has
recommended changes to the Plan, local governments should incorporate those recommended
changes into the Plan or respond to the Council before "final adoption' of the comprehensive
plan by the governing body of the local governmental unit. (Minn. Stat. §473.858, subd. 3)
3. Local governments must adopt official controls as identified in their 2040 comprehensive plans
and must submit copies of the official controls to the Council within 30 days after the official
controls are adopted. (Minn. Stat. §473.865, subd. 1)
4. Local governmental units cannot adopt any official controls or fiscal devices that conflict with
their comprehensive plans or which permit activities in conflict with the Councils metropolitan
system plans (Minn. Stat. §§ 473.864, subd. 2. 473.865, subd. 2). If official controls conflict with
comprehensive plans, the official controls must be amended within 9 months following
amendments to comprehensive plans (Minn. Stat. §473.865, subd. 3).
Environment Committee
1. The Council-approved Comprehensive Sewer Plan becomes effective only after the Plan
receives final approval from the local governmental unit's governing body. After the Plan
receives final approval from the City and the Comprehensive Sewer Plan becomes effective,
the City may implement its Plan to alter, expand, or improve its sewage disposal system
consistent with the Council-approved Comprehensive Sewer Plan.
2. A copy of the City Council resolution adopting its 2040 comprehensive plan, including its
Comprehensive Sewer Plan, must be submitted to the Council
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Page 207 of 230
Background
The City of Oak Park Heights is located in east-central Washington County. It is surrounded by the
communities of Stillwater, Bayport, Baytown Township, Lake Elmo, and Stillwater Township.
The City submitted its 2040 Comprehensive Plan (Plan)to the Council for review to meet the
Metropolitan Land Planning Act requirements (Minn. Stat. §§473.851 to 473.871) and the Council's
2015 System Statement requirements.
Review Authority & Rationale
Minn. Stat. §473.175 directs the Metropolitan Council to review a local government's comprehensive
plan and provide a written statement to the local government regarding the Plan's:
• Conformance with metropolitan system plans
• Consistency with the adopted plans and policies of the Council
• Compatibility with the plans of adjacent governmental units and plans of affected special
districts and school districts
By resolution, the Council may require a local government to modify its comprehensive plan if the
Council determines that"the plan is more likely than not to have a substantial impact on or contain a
substantial departure from metropolitan system plans" (Minn. Stat. § 473.175, subd. 1).
Each local government unit shall adopt a policy pian for the collection, treatment, and disposal of
sewage for which the local government unit is responsible, coordinated with the Metropolitan Council's
plan, and may revise the same as often as it deems necessary (Minn. Stat. §473.513).
The attached Review Record details the Councils assessment of the Plan's conformance, consistency
and compatibility, and is summarized below.
Review Standaro Review Area Plan Status
Conformance Regional system plan for Parks Conforms
Conformance Regional system plan for Transportation, Conforms
includingAviation
Conformance Water Resources (Wastewater Services Conforms
and Surface Water Management)
Consistency with Council Policy Thrive MSP 2040 and Land Use Consistent
Consistency with Council Policy Forecasts Consistent, with
proposed revisions
Consistency with Council Policy 2040 Housing Policy Plan Consistent
Consistency with Council Policy Water Supply Consistent
Consistency with Council Policy Community and Subsurface Sewage Consistent
Treatment S stems SSTS
Compatibility Compatible with the plans of adjacent and Compatible
affected overnmental districts
Thrive Lens Analysis
The proposed 2040 comprehensive plan is reviewed against the land use policies in Thrive MSP 2040.
To achieve the outcomes identified in Thrive, the metropolitan development guide defines the Land Use
Policy for the region and includes strategies for local governments and the Council to implement. These
policies and strategies are interrelated and, taken together, serve to achieve the outcomes identified in
Thrive.
Funding
None.
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Page 208 of 230
Known Support/Opposition
There is no known local opposition to the 2040 comprehensive plan.
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Page 209 of 230
REVIEW RECORD
City of Oak Park Heights 2040 Comprehensive Plan
Review File No. 22079-1, Business Item No. 2019-308 JT
The following Review Record documents how the proposed Plan meets the requirements of the
Metropolitan Land Planning Act and conforms to regional system plans, is consistent with regional
policies, and is compatible with the plans of adjacent and affected jurisdictions.
Conformance with Regional Systems
The Council reviews plans to determine conformance with metropolitan system plans. The Council has
reviewed the City's Plan and finds that it conforms to the Council's regional system plans for Regional
Parks, Transportation (including Aviation), and Water Resources.
Regional Parks and Trails
Reviewer: Colin Kelly, Community Development(CD) -Regional Parks(651-602-1361)
The Plan conforms to the 2040 Regional Parks Policy Plan (RPPP). Washington County is the Park
implementing agency for the Regional Parks System components in the City of Oak Park Heights, for
which the Plan accurately describes the Regional Parks System components. Regional Trails located
within the City include the Middle St. Croix Valley Regional Trail Search Corridor. There are no State or
Federal recreation lands within the City (Figure 1).
Regional Transportation, Transit, and Aviation
Reviewer:Russ Owen, Metropolitan Transportation Services (MTS) (651-602-1724)
The Plan conforms to the 2040 Transportation Policy Plan (TPP).The Plan is also consistent with
Council policies regarding community roles, the needs of non-automobile transportation, access to job
concentrations, and the needs of freight, except as detailed below.
Roadways
The Plan conforms to the Roadways system element of the TPP. The Plan accurately accounts for the
metropolitan highway system of principal arterials. The Plan accurately reflects the regional functional
classification map of A-minor arterials and has delineated major and minor collectors.
The Plan identifies all the required characteristics of the City's roadways, including existing and future
functional class, right-of-way preservation needs, and existing and forecasted traffic volumes for
principal and A-minor arterials. Forecasting is consistent with regional methodology. The Plan also
includes guidelines on how access will be managed for principal and A-minor arterials.
Transit
The Plan conforms to the Transit system element of the TPP. It shows the location of existing transit
routes and facilities and acknowledges the City is within Transit Market Areas III and V.
The Plan is consistent with the policies of the Transit system element of the TPP. The Plan addresses
community roles related to its Community Designation of Suburban, as well as the opportunities and
challenges related to its Transit Market Areas.
Aviation
The Plan conforms to Aviation system element of the TPP. The Plan includes
policies that protect regional airspace from obstructions.
Page 0 M MO NO ITAN
Page 210 of 230
Bicycling and Walking
The Plan is consistent with the Bicycle and Pedestrian chapter of the TPP. The Plan identifies existing
and future segments of and connections to the Regional Bicycle Transportation Network (RBTN)and
reaional trails.
The Plan is also consistent with Bicycle and Pedestrian policies of the TPP by planning for local
pedestrian and bicycle connections to transit, regional trails, regional job concentrations, and other
regional destinations as identified on the RBTN map.
Freight
The Plan is consistent with Freight policies of the TPP. The Plan identifies the needs of freight
movement in and through the City, including accessibility to freight terminals and facilities.
Transportation Analysis Zones (TAZs)
The Plan conforms to the TPP regarding TAZ allocations The City's TAZ allocations for employment.
households, and population appropriately sum to the Council's citywide forecast totals for all forecast
years.
The City's planned land uses and areas identified for development and redevelopment can
accommodate the TAZ forecasted allocations in the Plan, and at densities consistent with the Citys
Thrive designation of Suburban.
Advisory Comment
On page 109, there is an error that should be corrected in the description of bus service. The Plan
states: "The commuter service is only available on weekends but Metro Mobility/ADA provides weekend
service " The commuter service is only available on weekdays.
Water Resources
Wastewater Service
Reviewer:Kyle Colvin, Environmental Services (ES) —Engineering Programs (651-602-1151)
The Plan conforms to the 2040 Water Resources Policy Plan (WRPP). It represents the City's guide for
future growth and development through the year 2040. It includes growth forecasts that are consistent
with the Council's forecasts for population, households. and employment.
Wastewater treatment services are provided to the City by Metropolitan Council Environmental
Services. All wastewater generated within the City is conveyed through Council Interceptors 7131-1
and 9101. All flow is treated at the Council's St. Croix Valley Wastewater Treatment Plant in Oak Park
Heights. The Plan projects that the City will have 2,590 sewered households and 5,500 sewered
employees by 2040. The Metropolitan Disposal System with its scheduled improvements has or will
have adequate capacity to serve the City's growth forecasts.
The Plan provides sanitary flow projections in 10-year increments. The rationale for the projections is
given in the Plan and determined appropriate for planning local services. The Council is committing to
provide the level of wastewater service based on the sewered forecasts as stated in the sewer element
of the Plan.
The Land Use Plan reflects an overall minimum residential sewered density that is consistent with
Council policy for future sewered residential growth for Suburban communities.
The Plan defines the City's goals, policies, and strategies for preventing and reducing excessive inflow
and infiltration (1/1) mostly focused on the local municipal (public)collection system including a summary
of activities and programs intended to identify and mitigate 1/1 from public infrastructure sources. These
activities include routine review of wastewater flow data, televised inspection of the City s sanitary
Page-I l METROPOLITAN COUNCIL
Page 211 of 230
sewer collection system, inspection of MH structures, and noting potential sources of 1/1 from private
property services during the televised inspection of the public system. Many of these activities are
coordinated with City street rehabilitation projects.
The Plan describes the requirements and standards for minimizing Ill and references City Code Section
1001.215 that make it unlawful for any owner, occupant, or user of residential or commercial property to
direct into, or allow, any stormwater, surface water, ground water, well water, or air conditioner
condensate, either directly or through sump pumps, rain leaders or foundations drains, to be
discharged into the sanitary sewer system. The Plan does not specifically state that if discovered,
disconnection of non-compliant discharges is required.
The Plan describes the sources, extent, and significance of existing 1/1 within the entire wastewater
collection system and provides a description of an implementation plan for preventing and eliminating
excessive 1/1 from the municipal sewer system. The Plan states that approximately 20% of the
residential homes were constructed prior to 1970 when private service laterals were predominately
vitrified clay tile pipe. By comparing wastewater flow generation volumes between winter and summer
months; the City has determined that approximately 11% of the City's annual base flow is from 1/1. and
by using the last significant peak month flow that occurred in July 2013, the City has estimated that
peak month flow includes approximately 35% 1/1 from monthly base flow.
Comprehensive Sewer Plan Comments
The Sewer Element of the Plan has been reviewed against the requirements for Comprehensive Sewer
Plans for Suburban communities. It was found to be complete and consistent with Council polices.
Upon adoption of the Plan by the City, the action of the Council to approve the Sewer Plan becomes
effective. At that time, the City may implement its Plan to alter, expand, or improve its sewage disposal
system consistent with the approved Sewer Plan. A copy of the City Council Resolution adopting its
Plan needs to be submitted to the Council for its records.
Surface Water Management
Reviewer.•Jim Larsen, CD—Local Planning Assistance (651-602-1959)
The Plan is consistent with Council policy requirements and in conformance with the Council's WRPP
for local surface water management. The Plan satisfies the requirements for 2040 comprehensive
plans. Oak Park Heights lies within the oversight boundaries of the Middle Saint Croix Watershed
Management Organization (WMO), and the Valley Branch and Browns Creek Watershed Districts.
Oak Park Heights submitted a draft Local Water Management Plan (LWMP) update in September
2018. Council Water Resources staff reviewed and commented on the draft LWMP to the City and
Watersheds in a letter dated September 12, 2018. The LWMP was approved by the Middle Saint Croix
WMO on November 8, 2018, the Valley Branch Watershed District on August 23, 2018, and the Browns
Creek Watershed District on September 12, 2018. The LWMP was adopted by the City on January 22,
2019. The Plan incorporates the City's final adopted LWMP as an Appendix.
Consistency with Council Policies
The Council reviews plans to evaluate their apparent consistency with the adopted plans of the Council.
Council staff have reviewed the City's Plan and find that it is consistent with the Council's policies, as
detailed below.
Forecasts
Reviewer: Todd Graham, CD—Research (659-602-9322)
The Plan provides forecasts for Oak Park Heights. In October 2018, Council staff and the City's planner
agreed on a revised employment forecast, reflecting an expectation of limited commercial land supply
and potential for additional employment. Council and City staff agree to the following revised
employment forecast shown in Table 1 below.
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Page 212 of 230
Table 1. City of Oak Park Heights Forecasts
Census Estimated Council's System Revised Forecast
2010 2017
2020 2030 2040 2020 2030 2040l
Population 4,445 4,742 4,880 5,300 5,700 4,880 _5,300 5,700
Households 1,911 2;257 2,200 2,420 2,600 2,200 2,420' 2,600
Employment 4,358 4,494 —5,900--6,800--7,500 4,600 5,100 5,500
The Council will approve the revised forecast, simultaneous with action on the Plan.
The Council requires the Plan to address how land supply for future development(or redevelopment)
accommodates the City's growth forecast. The planned land use table in the Land Use Chapter of the
Plan describes additions of new land supply: 12 acres of low-density and 29 acres of
residential/business transitional". The City projects that this land supply could accommodate 444
housing units at the mid-point of allowed density ranges. Also the City is guiding additional land for an
8% increase in the amount of business, commercial, and industrial land. Considering some current
underutilization, Oak Park Heights worksites can accommodate the growth forecast.
Thrive MSP 2040 and Land Use
Reviewer. Corrin Wendell. CD— Local Planning Assistance (659-602-1832)
The Plan is consistent with Thrive MSP 2040 and its land use policies. The Plan acknowledges the
Thrive community designation of Suburban (Figure 2). Thrive describes Suburban communities as
those that saw their primary era of development during the 1980s and early 1990s and typically have
automobile-oriented development patterns at significantly lower densities than in previous eras.
As shown in Figure 3 of this report, the Existing Land Use development pattern includes majority of
Residential Land Uses (19%) and Commercial and Industrial Land Uses (21%), and Vacant(8.6%).
The next two largest land uses are Water and Park Facilities and Open Space.
Suburban communities are expected to plan for forecasted population and household growth at overall
average densities of at least five units per acre. Plans are also required to identify areas for
redevelopment, particularly areas that are well-served by transportation options and nearby amenities
and that contribute to better proximity between jobs and housing.
The Plan is consistent with Thrive for land use and residential density policies for a Suburban
community designation. Table 2 below shows the two land use categories where the City expects new
or redevelopment to occur, Low Density Residential and Residential/Business Transitional. The density
analysis shows an overall planned residential density for the City at 5.95 units per acre, exceeding the
required average density of 5 units per acre.
Table 2. Planned Residential Density, City of Oak Park Heights
2018-2040 Change
Density
Category Min Max Net Acres Min Units Max Units
Low Density Residential 1 3 12 12 36
Residential/Business Transitional 1 8 32 29 1 232 622
r
Overall Density 5.95 16.05
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Page 213 of 230
As shown in Figure 4, the City is planning to accommodate growth across the community in areas
identified as `Development Areas." Development Areas guided for Low Density are scattered
throughout the City, while Residential/Business Transitional areas are located generally within the
Highway 36 corridor and along Osgood Avenue and allow for high density residential. The City plans to
support forecasted employment growth through the development of existing vacant sites within the
Commercial and Highway Business land use categories.
Orderly Annexation
The Plan contains annexation policies consistent with their 2030 Comprehensive Plan. The Plan
acknowledges that the City will not aggressively pursue areas of annexation from the Townships or
detachment/annexation from one of the adjoining cities.
As part of the planning process, the City has identified one area of approximately 320 acres that
potentially could become part of the City in the next 20 years located on the western city boundary
along Highway 36 and Manning Avenue. The property is identified in the Future Annexation Plan, found
within the Plan. The City would consider this area for annexation if petitioned by the property owners
and if the affected jurisdiction is willing to detach the property.
Housing
Reviewer: Hilary Lovelace, CD—Housing (651-602-1555)
The Plan is consistent with the 2040 Housing Policy Plan. As of 2016, the City currently has more than
2,300 homes including 1,250 multifamily units and nearly 1,100.single-family homes. More than 1,000
homes are rented. Over 1,500 housing units are currently affordable to households earning under 80%
of Area Median Income (AMI), however, nearly 630 households earning 80% of AMI or below are
paying more than 30%of their income toward housing costs. There are 245 units affordable to
households with income at or below 30% AMI and more than 200 cost burdened households with
incomes at or below 30%AMI.
The Plan identifies existing housing needs including affordable senior housing, housing maintenance
and rehabilitation, and meeting the allocation of affordable housing need. The City is currently home to
70 publicly subsidized units, including 62 that are age restricted for seniors.
The Plan acknowledges the 2021-2030 affordable housing need allocation of 74 units; 33 of which are
needed at prices affordable to households earning 30%of AMI or less, 11 of which are needed at
prices affordable to households earning between 31 and 50% of AMI, and 30 of which are needed at
prices affordable to households earning between 51 and 80% of AMI. As shown in Figure 5, the Plan
guides sufficient land expected to develop in the 2021-2030 time period at a minimum of eight units per
acre to allow for development of at least 232 new housing units.
The housing implementation plan component of the Plan describes that the City will consider tax
increment financing (TIF)for projects that provide senior or affordable units. The Plan also indicates
that the City will work with the Washington County CDA to accomplish many of their housing goals,
including housing bonds, site assembly, and technical assistance referrals. The City states that they will
use work with the Washington County CDA to sponsor an application'for LCA programs, and support
applications to Minnesota Housing's RFP. The City will consider creating a 4d tax program and
consider creating a Housing Improvement Area to assist in the maintenance of older townhomes.
Water Supply
Reviewer., Brian Davis, ES— Water Supply Planning (651-602-1519)
The Plan is consistent with WRPP policies related to water supply, including the policy on sustainable
water supplies, the policy on assessing and protecting regional water resources, and the policy on
water conservation and reuse.
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Page 214 of 230
Oak Park Heights prepared a Local Water Supply Plan in 2017 that was submitted to both the MN
Department of Natural Resources and Metropolitan Council and reviewed under separate cover. The
LWSP was considered complete on July 6, 2017 and a review letter was sent to the DNR on that date.
Community and Subsurface Sewage Treatment Systems (SSTS)
Reviewer:Jim Larsen, CD— Local Planning Assistance (651-602-1159)
The Plan indicates that the only Community Wastewater Treatment facility in the City is the publicly
owned MCES Saint Croix Valley Wastewater Treatment Facility. There are nine households in the City
that continue to be served by individual SSTS. The City has adopted the Washington County SSTS
Code for regulation of specifications, installation, and maintenance of SSTS, and turned over all
maintenance management oversight of existing systems to the County. The Washington County SSTS
Ordinance No. 206 is consistent with Minnesota Pollution Control Agency Chapter 7080-7083 Rules
and Council WRPP requirements.
Special Resource Protection
Solar Access Protection
Reviewer: Cameran Bailey. CD—Local Planning Assistance (651-602-1212)
The Plan is consistent with statutory requirements (Minn. Stat. 473.859)and Council policy regarding
planning for the protection and development of access to direct sunlight for solar energy systems as
required by the Metropolitan Land Planning Act (MLPH) The Plan includes the required solar planning
elements.
Aggregate Resource Protection
Reviewer:Jim Larsen, CD - Local Planning Assistance (651-602-1159)
The Plan indicates; consistent with the Councils aggregate resources inventory Information contained
in Minnesota Geological Survey Information Circular 46. that while there are several small isolated sand
and gravel deposits in the City, none are believed to be of sufficient size to be economically viable for
mining in the nearly fully urbanized community.
Historic Preservation
Reviewer., Corrin Wendell, CD—Local Planning Assistance (651-602-1832)
The Plan appropriately addresses historic preservation within the City. The Plan identifies that the City
will continue to review and modify, as necessary, the ordinances as they relate to the preservation of
significant historic resources.
Plan Implementation
Reviewer- Corrin Wendell. CD—Local Planning Assistance (651-602-1832)
The Plan includes a description of and schedule for any necessary changes to the capital improvement
program, the zoning code, the subdivision code. the SSTS code, and the housing implementation
program.
The Plan, with supplemental materials, describes the official controls and fiscal devices that the City will
employ to implement the Plan. Specific implementation strategies are contained in individual chapters
of the Plan, with capital improvements planning detailed in the appendix.
Compatibility with Plans of Adjacent Governmental Units and Plans of
Affected Special Districts and School Districts
The proposed Plan is compatible with the plans of adjacent jurisdictions. No compatibility issues with
plans of adjacent governmental units and plans of affected special districts and school districts were
identified.
Page-5 METROPOLITAN COUNCIL
Page 215 of 230
Documents Submitted for Review
In response to the 2015 System Statement, the City submitted the following documents for review:
• September 12, 2018: Oak Park Heights 2040 Preliminary Plan
• March 6, 2019: Oak Park Heights 2040 Comprehensive Plan
« August 27, 2019: Revised 2040 Comprehensive Plan
® September 11, 2019: Oak Park Heights Comprehensive Sewer Plan
• October 2, 2019: Revised Comprehensive Sewer Plan
Attachments
Figure 1: Location Map with Regional Systems
Figure 2: Thrive MSP 2040 Community Designations
Figure 3: Existing Land Use
Figure 4: 2040 Planned Land Use
mgure :5: Land Guided for Affordable Housing
w'ag r I MIPTPOPC1L TAN COUN L
Page 216 of 230
Figure 1. Location Map with Regional Systems
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=7733 Plenc.edPrtndpalArterials Waittewater Local Streets
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------ Existing OtlrerArlsrht i:ES Inlerceptars
Planned CtherAReriak
MCES TrostT it Plant 'Counties Transit Imaaveonent Beard(CTIB?
Page-7 1 METROPOLITAN COUNCIL
Page 217 of 230
Figure 2. Thrive MSP 2040 Community Designations
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SCOTr. DAKOTA j_.!County Boundaries
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Lakes and Major Rivers
Page 8 1 METROPOLITAN COUNCIL
Page 218 of 230
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Figure 5. Land Guided for Affordable Housing
2027-2030 share of regional need for Affordable Housing: 74 unns
2021-2030 total regional need for Affordable Housing: 37,900units
Expected% Minimum
A cres Residential Units
• ' 29.00 8 100% 232
Total 28 232
Sufficientf(insufficient)units possible against share of regional need: 158 �,,/
Affordable units built since 2021:0
Sufficient/(insufhdent)units possible adjusted for affordable units built: I
so Number of Comp Plan Amendments approved since Com Plan U M 0TRO N 0Il'AN
PP P plate:0
Page-11 METROPOLITAN COUNCIL
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Page 222 of 230
O'l
Oak Park Heights
Request for Council Action
Meeting Date February 25th 2020
Time Required: 5 Minutes
Agenda Item Title: Allen S. King Plant DecorpnQigpkg and Reuse AdvisoKy Panel
Agenda Placement New Busin
Originating Department/Re estor: , Jo son 'nistrator
Requester's Signature
Action Requested: Discussion 'ssible Action.
Background/Justification(PI e.indicate if any previous action has been taken or if other public
bodies have advised):
TWO UPDATES:
1. Enclosed is the planned invitation document and as outlined in the Policy it requires a
signature from each Council Member. Staff would ask for approval of such document and
would issue the letter to the 20 groups listed in the policy in the coming days.
2. Staff believes that there may be some difficulty for certain organizations to appoint a Non-
Elected official; the enclosed edit provides some flexibility to these entities — such as the
MSCWMO or WCCDA. That language is also noted here:
In circumstances where there is a wen" arc+an&A on such as tie MSCWO or WCCDA
a minbnmt of& orNon-elected officials ss preferred Sowwver this may result oa overtime exwues or
s u such
bonsirafnts that mW Preclude pa adon.Ifsuch staff'or other volunteer is not available and if
such JCA board members are erected mdhthwis these arsons NW he nomfna&d The QW Couacii ma
then evaluate these on a cas"v-case basis so as to ascertain their underlyfna eni t,and relationships Anti
person so aapolVed would be eWected to clearly represent the ioint vown entity not their prjudsdk"L
rmary
Page 223 of 230
City of Oak Park Heights
14168 Oak Park Blvd N•Oak Park Heights,MN 55082•Phone(651)439-4439•Fax(651)439-0574
DATE:
X
X
X
RE: Invitation to Participate in City of Oak Park Heights Allen S.King Plant Decommissioning and
Reuse Advisory Panel.
Dear
As your organization may know,Xcel Energy has announced that the Allen S.King Plant will close in 2028.At 179
acres with 4,000 linear feet along the St.Croix River,this is a premier property.The re-purposing of this property will
have a profound impact on the City,the St. Croix Valley and beyond.As the City is the primary land-use authority,
the City of Oak Park Heights has begun to study the issues and explore ideas relating to how the Allen S.King Plant
Site can and should be repurposed.Any decisions will of course have impacts well into the 211 Century.
To begin to explore and analyze some of these questions,the City has established the"City of Oak Park Heights
Allen S. King Plant Decommissioning and Reuse Advisory Panel" This Panel has been devised to facilitate and
educational and visioning process that will consider a broad spectrum of opportunities and constraints, including
physical, environmental, economic, social, scenic, recreational and more. This process will also include the
preparation of very preliminary conceptual master plans that can visually demonstrate options.
The City Council intends that the Panel should be representative of a broad spectrum of stakeholders,including local,
regional, State and federal interests.The objective is for all parties regardless of their affiliations to better understand
the complexity of the issues and the magnitude of the opportunities that are presented by this transformation and NOT
to determine a final use.The Panel is intended to help inform the City's actions at every step in the decommissioning
process and to contribute to the creation of a vision that is worthy of this opportunity.
Accordingly, the City invites your organization to appoint a single representative to serve on the City of Oak Park
Heights Allen S. King Decommissioning Advisory Panel. The Panel members will be asked to participate in
approximately one meeting per month for twelve months to gain information from the various experts and interested
voices.The members will be supported in serving as liaisons to their respective agencies.
Municipalities or other governmental entities are asked to appoint a non-elected person—such as a member from the
planning commission or other trusted community member. However,joint-powers type entities such as the local
watershed may do so if no alternatives are available.All nominated persons would be vetted by the City Council and
are requested represent the general views and issues of importance to their nominating organization.
If Your organization would like to Participate in this Process, we would ask that You complete the enclosed
NOMINATION FORM and return it to the City not later than March 20"' 2020 The first meeting of the entire
Advisory Panel is Planned for MU 2020,with a final date pending
Sincerely,
Mayor Mary McComber Council Member Chuck Dougherty
Council Member Mike Runk Council Member Mike Liljegren
Council Member Carly Johnson
Page 224 of 230
k w'
NOMINATION FORM
City of Oak Park Heights Allen S. King Plant Decommissioning and Reuse Advisory Panel.
Name of Organization:
Nominee of Organization:
Role of Nominee in Organization:
Number of years in such Role:
Contact Information of Nominee:
Address:
Email:
Phone:
Please return this NOMINATION FORM and return it to the City not later than March 20th 2020
Please review the attached City Policies related to the Allen S. Kine Plant Decommissioning and Reuse
Advisory Panel.
Page 225 of 230
i
CITY OF OAK PARK HEIGHTS
POLICIES RELATING TO THE ALLEN S.KING PLANT DECOMMISSIONING AND
REUSE ADVISORY PANEL—APPOINTMENTS AND ROLES
PURPOSE:
The City Council desires to appoint an Advisory Panel to inform and support the City Council's decision
making regarding the future of the Allen S.King Plant. The following policy shall govern the formulation
of this group, describes its role and relationship with the Council and what the expectations are from
participating members.
Invitation to Serve on the Advisory Panel:
The City desires participation from a number of parties generally known in the community with an apparent
stake or clear interest in such dialogue and which includes the organizations listed below.
These entities will be sent a Letter of Invitation to participate in the City's process and such invitation shall
be signed by the Mayor and every Council member.Each group,or organization if they desire to participate
shall nominate a SINGLE representative,who is expected to be available to attend 10-12 monthly meetings.
The City's desire is that such person would generally relay the views of the organization they represent
where possible. All members so appointed shall be reviewed and approved by unanimous consent of the
City Council.
1. City of OPH Planning Commission(1 member)
2. City of OPH Parks Commission(I member)
3. Xcel Energy
4. Washington County CDA
5. The St. Croix River Association
6. Watershed District-MSCWMO
7. Andersen Corporation
8. The City of Bayport—MUST BE A NON—ELECTED OFFICIAL
9. The City of Stillwater-MUST BE A NON—ELECTED OFFICIAL
10. Minnesota Department of Natural Resources
11. Minnesota Department of Transportation
12. Greater Stillwater Area Chamber of Commerce
13. National Park Service
14. Greater Stillwater Area School District-MUST BE A NON---ELECTED OFFICIAL- (2 seats one
must be a
STUDENT expected to be able to serve through the term of the discussions)
15. Coalition of Utility Cities
16. Sierra Club
17. Center for Environmental Advocacy
18. Union Pacific Railroad
19. Real Estate Group—TBD(such as the SPAAR ... https://snaar.conv ) St. Paul Area Association of
Realtors
20. Three (3)At-Large Members (may be either City residents, or business owners)may be invited to
serve on the Panel. Interested individuals shall submit a letter and application to the Council
explaining their role in the community and interest in serving on the Advisory Panel. Depending on
the level of interest,the Council may choose to decrease or increase the number of at-large members.
Page 226 of 230
Locally Elected Officials are precluded from serving on this Panel where they directly represent a given city or
county's interest.In the case of these public organizations—such as cities or school districts—appointment of
staff,volunteers, or other appointed officials to their respective bodies is requested. For example: The City of
Stillwater may appoint their Planning Commission Chair who is a non-elected person but is appointed by the
City Council.
In circumstances where there is a "joint-powers" organization such as the MSCWMO or WCCDA
appointment of Staff or Non-elected otMials is preferred However this may result on overtime expenses or
b d etary constraints that may preclude participation.Ifsuch staff or other volunteer is not available and if
such JPA board members are elected M&Yiduals these persons-may be nominated The Qy Council
then evaluate these on a case-by-case basis so as to ascertain their underlying entity and relationships Any
Person so appointed would be expected to clearly represent the ioint rowers entity, not their primw v
urisdicdom
Appointment of Co-Chairs:
The City Council also desires the appointment of CO-CHAIR positions so as to better ensure continuity of the
process in the event one person cannot attend.The role of the"co-chair"is to ensure the meetings move forward
and to facilitate the discussion and presentations and in allotted time.In all respects,the CO-CHAIR position
acts only as manager to ensure the process remains vital and fluid and not to advocate for any given position.
The Mayor or a Council Member may nominate and the Council shall appoint up to two co-chairs, any such
appointment shall be by unanimous vote of the City Council.If no chair(s)can be determined,the Panel shall
be managed by City Staff or City Consultant until such time as a CO CHAIR can be found.A CO-CHAIR may
be removed from the Panel by simple majority of the Council.The appointed CO-Chair individuals may or may
not be otherwise listed in the invited participation listing stated above, if not listed they shall become fiilt
members of the Panel once appointed.
Further Expectations of the Advisory Panel:
The meetings are generally anticipated to be a method by which Panel Member can avail themselves of the best
available information regarding the many facets of regulations,challenges and opportunities related to this site.
Fundamentally, few—if any, decisions are expected to be made by the Panel itself. As the discovery process
unfolds,all members of the Advisory Panel are expected to follow a Code of Conduct that will be provided by
the City and which will outline rules of discussion and how any collective recommendations might be made.
All members serve at the pleasure of the City Council and the City Council may amend the number of
participants or which participants at any time at its sole discretion.
Guests&Public Visibility
The City would expect to invite elected or appointed officials to attend the meetings—not as a panelist, but
instead offer them an opportunity to listen and gain more information as to what is being accomplished. These
guests would include: Metropolitan Council Sector 12 - Board Member Local legislators, MPCA, and other
governmental organization representatives. Guests will be welcomed at meetings and materials will be shared
with them,as supplies permit. Otherwise copies will be available for download from the City Website.
The general public is also welcome to view and listen to these meetings as space allows,but such meetings are
not PUBLIC HEARINGS and data presented and dialogue held is for the primary benefit and consumption of
the Panel Members.
City Council Role:
Oak Park Heights elected officials may not serve on the Advisory Panel as the work of the Advisory Panel is
intended to support the Council in its decision making regarding the future of this property. The Council will
be fully briefed by the Consultant,following every working meeting. The Council will have the opportunity to
either accept and embrace Panel recommendations,or direct course corrections,as needed. As it relates to City
Council general interface with City Consultants,these communications should be channeled through City Staff
similar to current City protocols.
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P',- -
Oak Park Heights
Request for Council Action
Meeting Date February 25, 2020
Agenda Item Waste Receptacles Curbside After Pickup,Da
Time Req. 5
Agenda Placement New Business
Originating Department/Requestor Mayor McComber
Requester's Signature
Action Requested Discussion and possible action
Background/Justification (Please indicate any previous action has been taken or if other public
bodies have been advised).
It has been observed that occasionally residents leave their trash and recycling containers in the
street after pickup day has passed. This can create the problem of snow plows unable to
effectively clear the street during and after a snow storm.
I would like the City Council to discuss the issue. Maybe this could be addressed by an
Ordinance or a letter to residents.
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