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HomeMy WebLinkAbout09-22-2020 Council Packet CITY OF OAK PARK HEIGHTS TUESDAY, SEPTEMBER 22, 2020 CITY COUNCIL MEETING AGENDA 6:00 PM AT CITY HALL COUNCIL CHAMBERS 6:00 p.m. L Call to Order/Pledge of Allegiance/Approval of Agenda Estimated times 6:00 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) 6:05 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). 6:10 p.m. IV. Consent Agenda(Roll Call Vote) A. Approve Bills & Investments B. Approve City Council Worksession Notes—August 25, 2020 (pg. 7) C. Approve City Council Minutes—August 25, 2020 (pg. 9) D. Approve Special City Council Minutes — September 11, 2020 (pg. 13) E. Approve Salary Adjustment Accountant(pg. 15) F. Approve Redpath and Company, Auditing Services for December 31, 2020 (pg. 17) G. Approve Budget Adjustment for Engineering Expenses Related to Washington County's Proposed Extension of 58th Street to Manning Ave (pg. 31) H. Authorize Staff to Purchase Software/Equipment and Services to Update SCADA Alarm Software (pg. 33) 6:10 p.m. V. Public Hearings 6:10 p.m. VI. Old Business 6:10 p.m. VII. New Business A. Carol Johnson—Amended Conditional Use Permit—6165 Beach Road (pg. 37) B. Discount Tire—ROW& Utility Easement—Norell Ave Backage Road (pg. 69) C. Adopt Resolution Approving 2021 Proposed Budget and Proposed Tax Levies (pg. 81) D. Schedule Public Comment/Hearing Meeting for Truth in Taxation (pg. 91) E. Reschedule November 10, 2020 City Council Meeting Date for Canvassing Election Results (pg. 93) F. City Council Chambers—Digital& Remote Enhancements— CARES Act Funding Page 1 of 110 (pg. 95) G. City Council—Team Building & Goal Setting (pg. 109) 6:55 p.m. VIII. Other Council Items or Announcements 7:00 p.m. X. Adjournment Page 2 of 110 i Oak Park Heights Request for Council Action Meeting Date September 22, 2020 Agenda Item Recycling Award Time Req. 0 Agenda Placement Staff Reports Originating Depart nent/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 110 City of Oak Park Heights 14166 Oak Park Blvd.N.Oak Park fthts,MN 55062•Phone(651)439-0439.Fax(651)439-0574 August 27, 2020 Christina and Scott Mitchell 5527 Oakgreen PI N Oak Park Heights, MN 55082 Dear Mr. and Mrs. Mitchell: 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, August 27, 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. Congratulatio Jen ' er Pinski City Clerk TREE CITY U.S.A. Page 4 of 110 City Of Oak Park Hei hts 14168 Oak Perk Blvd.N•Oak Park Heights,MN 55062.Phone(651)4394439•Fax(651)439-0574 September 11, 2020 Andrew and Nicole Martens 14959 57th Street North Oak Park Heights, MN 55082 Dear Mr. and Mrs. Martens: 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 Friday, September 11, 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! i ] fer Pinski City Clerk TREE CITY U.S.A. Page 5 of 110 THIS PAGE INTENTIONALLY LEFT BLANK Page 6 of 110 Oak Park Heights Request for Council Action Meeting Date September 22, 2020 Agenda Item Approve City Council Worksession Notes—August 25, 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 110 CITY OF OAK PARK HEIGHTS CITY COUNCIL WORKSESSION NOTES THURSDAY,AUGUST 25,2020 Present: Mayor McComber, Councilmembers Dougherty,Johnson,Liljegren,and Runk; City Administrator Johnson, City Attorney Sandstrom, City Planner Richards,Finance Director Caruso, and City Clerk Pinski. 1. Call to Order:Mayor McComber called the meeting to order at 5:00 p.m. 2. 2021 Budget:Finance Director Caruso reported that residential property values increased by 1.1 percent per Washington County. She said she did not have the value change information for apartments and commercial properties. She said the County was reporting the City's tax capacity at$14,128,000 using Xcel Energy at the highest value of a ten percent increase. She adjusted the tax capacity to what it really would be bringing it$10,634,357, or a 6.7 percent increase over 2020. Caruso reviewed the budget notes and what changes were made since the last Worksession. She said there was a 5.23 percent increase in expenditures over the previous year. The budget was reviewed page-by-page. She reviewed the tax impact worksession and the Capital Improvement Plan regarding streets and parks. Councilmember Runk suggested staff send a letter with the TNT notice. The Council made no changes to the draft preliminary budget. No action taken. 3. Videoconferencing Systems for City Council Meetings: Mayor McComber said the sound quality of the City's meetings was poor.Council discussed options of a hybrid meeting. Council was comfortable with a hybrid meeting with some or all members in person,staff on Zoom,and the public having an option to appear in person or via Zoom. Staff would work with Valley Access Channels to make it possible. No action was taken. 4. Adjourn: The meeting was adjourned at 5:59 p.m. Page 8 of 110 FF•.. Oak Park Heights Request for Council Action Meeting Date September 22, 2020 Agenda Item Approve City Council Minutes—August 25, 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 9 of 110 CITY OF OAK PARK HEIGHTS TUESDAY, AUGUST 25, 2020 CITY COUNCIL MEETING MINUTES I. Call to Order/Approval of Agenda: Mayor McComber called the meeting to order at 6:02 p.m. Present: Councilmembers Dougherty, Johnson, Liljegren and Runk. Staff present: City Administrator Johnson, City Clerk Pinski, City Attorney Kevin Sandstrom_ Citv Engineer Mann, and City Planner Richards Absent:None. Mayor McComber added three items to the Agenda: "Approve Proclamation for Constitution Week"as Consent Item H; "Request to Register for the NLC City Summit" as New Business Item E; and "Just Transition Fund Grant"as New Business Item F. Councilmember Liljegren, seconded by Councilmember Johnson,moved to approve the Agenda as amended. Carried 5-0. II. Council/Staff Reports: A. Mayor McComber_ She reported she attended a League of Minnesota Cities local economies meeting, a Metro Cities transportation meeting, and a Coalition of Utility Cities meeting, and she had several phone calls regarding the bonding bill. B. Councilmember Dough No report. C. Councilmember Johnson: She reported she attended the Parks and Trails Commission meeting,the Cover Park garden clean up event, and LMC policy committee meetings. D. Councilmember Liljegren: He reported he attended the Planning Commission meeting, and the next Joint Airport Zoning Board meeting was set for September 23 from 3:30—5:00 pm. E. Councilmember Runk: He reported he would be attending the CVB meeting and the Middle St. Croix Watershed Management Organization meeting. F. Staff: City Attorney Sandstrom reported that the City Council held a closed meeting on August 13 for the City Administrator annual performance review which was closed pursuant to Minnesota Statute 13d.05. He said the City Administrator was in attendance of the meeting and received a positive performance review. City Clerk Pinski reported that Ashley Holmes of 15053 65f Street North was chosen as the recycling award winner. Page 10 of 110 City Council Meeting Minutes August 25, 2020 Page 2 of 3 III. Visitors/Public Comment: None IV. Consent Agenda: A. Approve Bills & Investments B. Approve City Council Minutes—June 23, 2020 C. Approve Resolution Authorizing the Receipt of a donation from Carrie Ogaard to be Used for the City Parks D. Accept Donation for Memorial Bench at Autumn Hills Park E. Approve Construction License and Agreement—MET Council F. Approve Proclamation for Constitution Week 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: None VII. New Business: A. Minnehaha Properties—Amended PUD—5280& 5288 Stagecoach Trail: City Planner Richards reviewed his planning report. He said there were some suggested language changes to the Resolution from the City Attorney which he reviewed. Councilmember Liljegren, seconded by Councilmember Runk,moved to approve the Resolution with the changes. Roll call vote taken. Carried 5-0. B. 58b Street Extension—Letter from Commissioner Gary Kriesel: Mayor McComber reported she received a letter from Commissioner Kriesel. She asked the City Council members how they would like to respond. Commissioner Dougherty said that the City sent over a proposed Memorandum of Understanding. City Administrator Johnson said their response what that they were not able to sign it. Councilmember Johnson said the City Council was not fundamentally opposed to the project; they were just not prepared to take on the costs. Councilmember Liljegren did not feel it was right to pay for a project that could potentially negatively affect Oak Park Heights residents and businesses. Councilmember Runk suggested notifying the County the City was not rescinding their Resolution because the County had not done what was asked of them. No action was taken. C. Reschedule November 6, 2020 City Council Meeting for Canvassing Election Results: City Clerk Pinski reported that Washington County had notified the City that due to absentee voting,they would not have results Page 11 of 110 City Council Meeting Minutes August 25, 2020 Page 3 of 3 to the City until November 10. Councilmember Dougherty, seconded by Councilmember Liljegren,moved to reschedule the City Council meeting to November 10. Carried 5-0. D. Select Date for Chief of Police Candidate Interviews with City Council: Councilmember Johnson, seconded by Councilmember Dougherty,moved to set the interviews for Friday, September 11 at 1:00 p.m. with the members of the Council meeting at 12:30 p.m. to discuss interview questions. Carried 5-0. E. R uest to Register for NLC City Summit: Councilmember Johnson, seconded by Mayor McComber,moved to authorize Mayor McComber and Councilmember Johnson to attend. Carried 5-0. F Just Transition Fund Grant: Mayor McComber requested the authorization to work with Cindy Winland and Audrey Partridge to pursue a grant for the expenses incurred for the King Plant Advisory Panel or any policies or other costs that may be related to the retirement of the King Plant. Councilmember Liljegren, seconded by Councilmember Dougherty, moved to make that authorization. Carried 5-0. VIII. Other Council Items or Announcements: None IX. Adiourn: Councilmember Liljegren, seconded by Councilmember Dougherty, moved to adjourn at 6:37 p.m. Carried 5-0. Respectfully submitted, Approved as to Content and Form, Jennifer Pinski Mary McComber City Clerk Mayor Page 12 of 110 Oak Park Heights Request for Council Action Meeting Date September 22, 2020 Agenda Item Approve Special City Council Minutes—September 11, 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 13 of 110 CITY OF OAK PARK HEIGHTS FRIDAY, SEPTEMBER 11, 2020 SPECIAL CITY COUNCIL MEETING MINUTES 1. Call to Order: Mayor McComber called the meeting to order at 12:30 p.m. Present: Councilmembers Dougherty, Johnson, Liljegren and Runk. Staff present: City Administrator Johnson and City Clerk Pinski. Also Present: Larry Dauffenbach. H. Chief of Police Candidate Interviews The City Council members conducted interviews of three candidates for the Chief of Police position asking them each five questions. The City Council members held a discussion. Councilmember Dougherty, seconded by Councilmember Liljegren,moved to offer the position to Steve Hansen. Carried 5-0. III. Adjourn: Meeting was adjourned at 3:53 p.m. Respectfully submitted,, Approved as to Content and Form, Jennifer Pinski Mary McComber City Clerk Mayor Page 14 of 110 k. . r Oak Park Heights Request for Council Action Meeting Date September 22 2020 Time :Required: 1 minute Agenda Item Title:Approve SaIM Adjustment Accountant Agenda Placement Consent Agenda Originating Department/Requestor Betty Caruso, Finance Director Requester's Signature Action Requested Approve Salary increase for Accountant— 1 year anniversM date Background/Justification (Please indicate if any previous action has been taken or if other public bodies have advised): I have completed the employee performance review for Kari Zegarski, who was hired September 25, 2019 as our Accountant. I'm happy to say that she has received a very high evaluation. Kari has exceeded my expectations and has performed the accountant tasks with minimal supervision as well as added ideas to our accounting systems. Her 20+ years of experience in governmental accounting has provided a high level of competence and skill level that has assisted me as much if not more than the position duties are outlined During these 12 months of employment she has been a self-starter and continues to enhance the department. Per the hiring contract with Ms. Zegarski, the top wage of this position is $78,068. She is presently at 85% or $66,357.80. At 1 year she is scheduled to increase to 90% or $70,261, and at 2 years 100% of the pay. I would like to propose an increase to 100% of the position's wage to compensate her for her top performance. Approximately $2300 for impact to the remaining 2020 budget. There is sufficient funds in the 2020 finance budget to fund this increase due to lack of comp time being accumulated and none being expected to be paid out. The 2021 Preliminary budget salary expenditure for finance has been estimated for the accountant at 100% pay, which amounts to an estimated increase of$6,000. If approved, I would propose this begins 9/25/2020. Page 15 of 110 THIS PAGE INTENTIONALLY LEFT BLANK Page 16 of 110 ,�. Oak Park Heights Request for Council Action Meeting Date: September 22 2020 Agenda Item Title A rove Redpath and Com an Auditing Services for December 31 2020 Time Required 1 min Agenda Placement Consent Originating Department/Requestor Finance-Bet _ Caruso Finance Director Requester's Signature Action Requested Approve auditing services contract with Redath and Company. For December 31, 2020. Background/Justification (Please indicate any previous action, financial implications including budget information and recommendations). I have received the standard engagement letter for auditing services for the year ending December 31, 2020, from Redpath and Company. Redpath and Company is proposing a $750 increase in fees for completing the audit for 2020, a total contract of$41,750. This fee is split between the General Fund, Water Utility Fund, and Sewer Utility Fund. Additional fees of approximately $1500 will be incurred due to the assistance of Redpath in the calculations of the GASB 68, Accounting and Financial Reporting for Pensions. Redpath and Company are very experienced with the City and its finance operations. This is so beneficial to staff as it requires less interruptions and disturbances of our records. In the face of COVID the 2019 Audit was done remotely by their office. The familiarity with the City's records and operations assisted both of us through this strange approach to the audit. This may be the method used again for the 2020 audit, should COVID remain on the scene. I recommend to approve this contract with Redpath and Company, the consistency of the high level of service they provide is a benefit to both council and staff. Page 17 of 110 ANO COM PAN V September 2, 2020 Betty Caruso, Director of Finance City of Oak Park Heights 14168 Oak Park Boulevard P.O.Box 2007 Oak Park Heights,MN 55082-2007 Dear Betty: Enclosed are two copies of our engagement letter for auditing services for the year ending December 31, 2020 for the City of Oak Park Heights,Minnesota. Please return one copy to our office and retain the other copy for your files. If you have any questions,please call. Sincerely, REDPATH AND COMPANY,LTD. David J.Mol, CPA DJM/ajf Enclosure 55 511 Street East, Suite 1400, St. Paul, MN, 55101 www.redpathcpas.com Page 18 of 110 AND C O M P AN Y September 2, 2020 City of Oak Park Heights 14168 Oak Park Boulevard P.O.Box 2007 Oak Park Heights,MN 55082-2007 We are pleased to confirm our understanding of the services we are to provide the City of Oak Park Heights, Minnesota(the City)for the year ending December 31,2020. The scope of services includes the following: Audit and Related Services • We will audit the financial statements of the governmental activities,the business- type activities, each major fund, and the aggregate remaining fund information, including the related notes to the financial statements,which collectively comprise the basic financial statements of the City of Oak Park Heights,Minnesota as of and for the year ending December 31,2020. Accounting standards generally accepted in the United States of America provide for certain required supplementary information (RSI), such as management's discussion and analysis(MD&A),to supplement the City's basic financial statements. Such information,although not a part of the basic financial statements, is required by the Governmental Accounting Standards Board who considers it to be an essential part of financial reporting for placing the basic financial statements in an appropriate operational, economic,or historical context. As part of our engagement,we will apply certain limited procedures to the City's RSI in accordance with auditing standards generally accepted in the United States of America. These limited procedures will consist of inquiries of management regarding the methods of preparing the information and comparing the information for consistency with management's responses to our inquiries,the basic financial statements, and other knowledge we obtained during our audit of the basic financial statements. We will not express an opinion or provide any assurance on the information because the limited procedures do not provide us with sufficient evidence to express an opinion or provide any assurance. The following RSI is required by U.S. generally accepted accounting principles and will be subjected to certain limited procedures, but will not be audited: 1. Management's discussion and analysis 2. Budgetary comparison schedules presented as RSI 3. Pension Related RSI (GASB 68) 55 51" Street East, Suite 1400, St. Paul, MN, 55101 www.redpathcpas.com Page 19 of 110 City of Oak Park Heights Contract for Auditing Services Page 2 We have also been engaged to report on supplementary information other than RSI that accompanies the City's financial statements. We will subject the following supplementary information to the auditing procedures applied in our audit of the financial statements and certain additional procedures, including comparing and reconciling such information directly to the underlying accounting and other records used to prepare the financial statements or to the financial statements themselves, and other additional procedures in accordance with auditing standards generally accepted in the United States of America and we will provide an opinion on it in relation to the financial statements as a whole in a report combined with our auditors report on the financial statements: 1. Combining and Individual Nomajor Fund Statements and Schedules The following other information accompanying the financial statements will not be subjected to the auditing procedures applied in our audit of the financial statements, and our auditor's report will not provide an opinion or any assurance on that other information: o Introductory section o Statistical section The following other reports will be issued in conjunction with the financial audit: • State Legal Compliance Audit Nonaudit Services • Preparation of draft financial statements document. • Provide a PDF of financial statement document. • GASB 68 pension calculations. Audit Objectives The objective of our audit is the expression of opinions as to whether your financial statements are fairly presented, in all material respects, in conformity with U.S. generally accepted accounting principles and to report on the fairness of the supplementary information referred to in the second paragraph when considered in relation to the financial statements as a whole. Our audit will be conducted in accordance with auditing standards generally accepted in the United States of America and the standards for financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States, and will include tests of the accounting records of the City and other procedures we consider necessary to enable us to express such opinions. We will issue a written report upon completion of our audit of the City's financial statements. Our report will be addressed to 3290950 Page 20 of 110 City of Oak Park Heights Contract for Auditing Services Page 3 the Honorable Mayor and Members of the City Council of the City of Oak Park Heights, Minnesota. We cannot provide assurance that unmodified opinions will be expressed. Circumstances may arise in which it is necessary for us to modify our opinions or add emphasis-of-matter or other-matter paragraphs. If our opinions are other than unmodified, we will discuss the reasons with you in advance. If, for any reason,we are unable to complete the audit or are unable to form or have not formed opinions,we may decline to express opinions or issue reports, or may withdraw from this engagement. We will also provide a report(that does not include an opinion)on internal control related to the financial statements and compliance with the provisions of laws, regulations, contracts, and grant agreements, noncompliance with which could have a material effect on the financial statements as required by Government Auditing Standards. The report on internal control and on compliance and other matters will include a paragraph that states (1) that the purpose of the report is solely to describe the scope of testing of internal control and compliance, and the result of that testing, and not to provide an opinion on the effectiveness of the entity's internal control on compliance, and (2)that the report is an integral part of an audit performed in accordance with GovernmentAuditing Standards in considering the entity's internal control and compliance. The paragraph will also state that the report is not suitable for any other purpose. If during our audit we become aware that the City is subject to an audit requirement that is not encompassed in the terms of this engagement, we will communicate to management and those charged with governance that an audit in accordance with U.S. generally accepted auditing standards and the standards for financial audits contained in Government Auditing Standards may not satisfy the relevant legal, regulatory, or contractual requirements. Audit Procedures--General An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the financial statements;therefore, our audit will involve judgment about the number of transactions to be examined and the areas to be tested. An audit also includes evaluating the appropriateness of accounting policies used and the reasonableness of significant accounting estimates made by management, as well as evaluating the overall presentation of the financial statements. We will plan and perform the audit to obtain reasonable assurance about whether the financial statements are free of material misstatement,whether from(1) errors, (2) fraudulent financial reporting, (3) misappropriation of assets, or(4)violations of laws or governmental regulations that are attributable to the entity or to acts by management or employees acting on behalf of the entity. Because the determination of abuse is subjective, Government Auditing Standards do not expect auditors to provide reasonable assurance of detecting abuse. 3290950 Page 21 of 110 City of Oak Park Heights Contract for Auditing Services Page 4 Because of the inherent limitations of an audit, combined with the inherent limitations of internal control, and because we will not perform a detailed examination of all transactions, there is a risk that material misstatements may exist and not be detected by us, even though the audit is properly planned and performed in accordance with U.S. generally accepted auditing standards and Government Auditing Standards. In addition, an audit is not designed to detect immaterial misstatements or violations of laws or governmental regulations that do not have a direct and material effect on the financial statements. However,we will inform the appropriate level of management of any material errors, fraudulent financial reporting, or misappropriation of assets that come to our attention. We will also inform the appropriate level of management of any violations of laws or governmental regulations that come to our attention, unless clearly inconsequential,and of any material abuse that comes to our attention. Our responsibility as auditors is limited to the period covered by our audit and does not extend to later periods for which we are not engaged as auditors. Our procedures will include tests of documentary evidence supporting the transactions recorded in the accounts, and may include tests of the physical existence of inventories, and direct confirmation of receivables and certain other assets and liabilities by correspondence with selected individuals, funding sources, creditors, and financial institutions. We may request written representations from your attorneys as part of the engagement, and they may bill you for responding to this inquiry. At the conclusion of our audit, we will require certain written representations from you about your responsibilities for the financial statements; compliance with laws, regulations, contracts, and grant agreements; and other responsibilities required by generally accepted auditing standards. Audit Procedures—internal Controls Our audit will include obtaining an understanding of the entity and its environment, including internal control, sufficient to assess the risks of material misstatement of the financial statements and to design the nature,timing, and extent of further audit procedures. Tests of controls may be performed to test the effectiveness of certain controls that we consider relevant to preventing and detecting errors and fraud that are material to the financial statements and to preventing and detecting misstatements resulting from illegal acts and other noncompliance matters that have a direct and material effect on the financial statements. Our tests, if performed,will be less in scope than would be necessary to render an opinion on internal control and, accordingly,no opinion will be expressed in our report on internal control issued pursuant to Government Auditing Standards. An audit is not designed to provide assurance on internal control or to identify significant deficiencies or material weaknesses.Accordingly, we will express no such opinion. However, during the audit, we will communicate to management and those charged with governance internal control related matters that are required to be communicated under AICPA professional standards and Government Auditing Standards. 3290950 Page 22 of 110 City of Oak Park Heights Contract for Auditing Services Page 5 Audit Procedures—Compliance As part of obtaining reasonable assurance about whether the financial statements are free of material misstatement, we will perform tests of the City's compliance with the provisions of applicable laws, regulations, contracts, agreements, and grants.However,the objective of our audit will not be to provide an opinion on overall compliance and we will not express such an opinion in our report on compliance issued pursuant to Government Auditing Standards. Other Services We also assist in preparing the financial statements and related notes of City's in conformity with U.S. generally accepted accounting principles based on information provided by you. We will also assist in the calculation of pension related information. These nonaudit services do not constitute an audit under Government Auditing Standards and such services will not be conducted in accordance with Government Auditing standards. We will perform the services in accordance with applicable professional standards. The other services are limited to the financial statement services previously defined. We, in our sole professional judgment, reserve the right to refuse to perform any procedure or take any action that could be construed as assuming management responsibilities. Management Responsibilities Management is responsible for designing, implementing,establishing, and maintaining effective internal controls,relevant to the preparation and fair presentation of financial statements that are free from material misstatements,whether due to fraud or error, and for evaluating and monitoring ongoing activities,to help ensure that appropriate goals and objectives are met; following laws and regulations; and ensuring that management is reliable and financial information is reliable and properly reported. Management is also responsible for implementing systems designed to achieve compliance with applicable laws, regulations, contracts, and grant agreements. You are also responsible for the selection and application of accounting principles, for the preparation and fair presentation of the financial statements and all accompanying information in conformity with U.S. generally accepted accounting principles, and for compliance with applicable laws and regulations and the provisions of contracts and grant agreements. Management is also responsible for making all financial records and related information available to us and for the accuracy and completeness of that information. You are also responsible for providing us with(1)access to all information of which you are aware that is relevant to the preparation and fair presentation of the financial statements, (2) additional information that we may request for the purpose of the audit, and(3)unrestricted access to persons within the government from whom we determine it necessary to obtain audit evidence. 3290950 Page 23 of 110 City of Oak Park Heights Contract for Auditing Services Page 6 Your responsibilities include adjusting the financial statements to correct material misstatements and for confirming to us in the written representation letter that the effects of any uncorrected misstatements aggregated by us during the current engagement and pertaining to the latest period presented are immaterial, both individually and in the aggregate, to the financial statements taken as a whole. You are responsible for the design and implementation of programs and controls to prevent and detect fraud, and for informing us about all known or suspected fraud affecting the government involving (1)management, (2) employees who have significant roles in internal control, and(3) others where the fraud could have a material effect on the financial statements. Your responsibilities include informing us of your knowledge of any allegations of fraud or suspected fraud affecting the government received in communications from employees, former employees, grantors, regulators, or others. In addition,you are responsible for identifying and ensuring that the entity complies with applicable laws, regulations, contracts, agreements, and grants and for taking timely and appropriate steps to remedy fraud and noncompliance with provisions of laws, regulations, contracts or grant agreements, or abuse that we report. You are responsible for the preparation of the supplementary information,which we have been engaged to report on, in conformity with U.S. generally accepted accounting principles. You agree to include our report on the supplementary information in any document that contains and indicates that we have reported on the supplementary information. You also agree to include the audited financial statements with any presentation of the supplementary information that includes our report thereon. Your responsibilities include acknowledging to us in the written representation letter that(1)you are responsible for presentation of the supplementary information in accordance with GAAP; (2)you believe the supplementary information, including its form and content, is fairly presented in accordance with GAAP; (3) the methods of measurement or presentation have not changed from those used in the prior period(or, if they have changed,the reasons for such changes); and(4)you have disclosed to us any significant assumptions or interpretations underlying the measurement or presentation of the supplementary information. Management is responsible for establishing and maintaining a process for tracking the status of audit findings and recommendations. Management is also responsible for identifying and providing report copies of previous financial audits, attestation engagements, performance audits or other studies related to the objectives discussed in the Audit Objectives section of this letter. This responsibility includes relaying to us corrective actions taken to address significant findings and recommendations resulting from those audits, attestation engagements,performance audits, or other studies. You are also responsible for providing management's views on our current findings, conclusions, and recommendations, 3290950 Page 24 of 110 City of Oak Park Heights Contract for Auditing Services Page 7 as well as your planned corrective actions, for the report, and for the timing and format for providing that information. You agree to assume all management responsibilities relating to the financial statements and related notes and any other nonaudit services we provide. You will be required to acknowledge in the management representation letter our assistance with preparation of the financial statements and related notes and the GASB 68 calculations that you have reviewed and approved the financial statements and related notes prior to their issuance and have accepted responsibility for them. Further,you agree to oversee the nonaudit services by designating an individual,preferably from senior management, with suitable skill, knowledge, or experience; evaluate the adequacy and results of those services; and accept responsibility for them. En a ement Administration Fees and Others We may from time to time, and depending on the circumstances, use third-party service providers in serving your account. We may share confidential information about you with these service providers, but remain committed to maintaining the confidentiality and security of your information. Accordingly,we maintain internal policies,procedures, and safeguards to protect the confidentiality of your personal information. In addition, we will secure confidentiality agreements with all service providers to maintain the confidentiality of your information and we will take reasonable precautions to determine that they have appropriate procedures in place to prevent the unauthorized release of your confidential information to others. In the event that we are unable to secure an appropriate confidentiality agreement, you will be asked to provide your consent prior to the sharing of your confidential information with the third-party service provider. Furthermore, we will remain responsible for the work provided by any such third party service providers. We understand that your employees will prepare all cash, accounts receivable, or other confirmations we request and will locate any documents selected by us for testing_ We will provide electronic copies of our reports to the City, however, management is responsible for distribution of the reports and the financial statements. Unless restricted by law or regulation, or containing privileged and confidential information, copies of our reports are to be made available for public inspection. The audit documentation for this engagement is the property of Redpath and Company, Ltd. and constitutes confidential information. However, subject to applicable laws and regulations, audit documentation and appropriate individuals will be made available upon request and in a timely manner to a federal agency providing direct or indirect funding, or the U.S. Government Accountability Office for purposes of a quality review of the audit,to resolve audit findings, or to carry out oversight responsibilities. We will notify you of any 3290950 Page 25 of 110 City of Oak Park Heights Contract for Auditing Services Page 8 such request. If requested, access to such audit documentation will be provided under the supervision of Redpath and Company, Ltd.personnel. Furthermore, upon request,we may provide copies of selected audit documentation to the aforementioned parties. These parties may intend, or decide,to distribute the copies or information contained therein to others, including other governmental agencies. The AICPA Code of Professional Conduct requires Redpath to maintain our independence with regard to certain attestation services provided to the City. These rules require the City to take responsibility for all nonattest services. Redpath cannot serve as custodian for your data in such a way that your data is incomplete and accessible only through Redpath or the Redpath portal. As such, any financial report,reconciliation, document, and/or calculation(depreciation schedules, etc.)that we prepare or update on your behalf will be sent to you at the completion of each attest or nonattest service. You are responsible for downloading and maintaining these records as well as all supporting documentation generated in the normal course of business operations until the retention period expires. We expect to begin our audit in April and to issue our reports no later than June 30,2021. David J. Mol, CPA is the engagement partner and is responsible for supervising the engagement and signing the report. Our fee for these services will be at our standard hourly rates plus out-of-pocket costs (such as report reproduction, word processing,postage,travel, copies, telephone, etc.) except that we agree that our gross fee, including expenses,will not exceed as follows Financial and Legal Compliance Audit $41,750 GASB 68 Pension Calculations 1,500 Total $43,250 The above fees are based on the anticipated scope of service, anticipated cooperation from your personnel and the assumption that unexpected circumstances will not be encountered. The City acknowledges that the following circumstances may result in an increase in fees: • New accounting standards • Failure by the City to complete the preparation work by the applicable due dates. • Inaccurate records, • Turnover in your staff. • Significant unanticipated or undisclosed transactions, issues or other such unforeseeable circumstances. 3290950 Page 26 of 110 City of Oak Park Heights Contract for Auditing Services Page 9 + Delays by the City causing scheduling changes or disruptions of previously schedule timing of work(fieldwork). Circumstances requiring revisions to work previously completed or delays in resolution of issues that extend the period of time necessary to complete the audit. + Significant change in the level of activity/number of transactions. There is an indication of misappropriations or misuse of public funds. Government Auditing Standards requires that we provide you with a copy of our most recent external peer review report and any letter of comment, and any subsequent peer review reports or letters of comment received during the period of contract. Our 2019 peer review report accompanies this letter as Appendix A. We are pleased to report that we did not receive a letter of comment. We appreciate the opportunity to be of service to the City of Oak Park Heights, Minnesota and believe this letter accurately summarizes the significant terms of our engagement. If you have any questions,please let us know. If you agree with the terms of our engagement as described in this letter,please sign the enclosed copy and return it to us. Sincerely, REDPATH AND COMPANY, LTD. l David J. Mol, CPA DJM/ajf 3290950 Page 27 of 110 City of Oak Park Heights Contract for Auditing Services Page 10 Resnonse This letter correctly sets forth the understanding of the City of Oak Park Heights, Minnesota: Management signature: Governance signature: R' Title: Title: Date:_ Date: Nonaudit Services The employee(s) assigned to oversee the nonaudit services is as follows: ❑ Finance Director ❑ Other employee (name and title) 3290950 Page 28 of 110 Appendix A w Heidenreich 8& Heidenreich, CPIs, PLLC mzm s.si�su�surae 1r17di �rloenoS AZ�SdM; (M0170l-Woi fax 7as."19 October 7,2019 Report on the Firm's Systems of QualityControl To the Owners of REDPATH AND COMPANY,LTD. and the Peer Review Committee of the Minnesota Society of CPAs 1ll✓'e have reviewed the of quality control for the accounting and auditing Arad lice of REDPATI I AND COMPANY,LTD. the firm)in effect for the Year ended May 31,2019.Our peer review was conducted in accordance with the Standards for Performing and Reporting on Peer Reviews established by the Peer Review Board of the American Institute of Certified Public Accountants (Standards). A summary of the nature,oblectives.scope,limitations of,and the procedures performed in a System Review as described in the Slaridards may be found at www-aicpa-orglprsuanmary.The suinrnary also includes an explanation of how engagements identified as not pedorrned or reported in conformity with applicable professional sem,if any,are evaluated by a peer reviewer to determine a peer review rating_ Firm's Responsibility The firm is responsible for designing a system of quality control and complying with it to provide the firm with reasonable assurance of per{orming and reporting in confiornidy with applicable professional standards in all material respects.The farm is also responsible for evaluating actions to prompty remediate engagements deemed as not performed or reported in conformity with professional standards,when appropriate,and for reamed-ialing weaknesses in its system of quality control,if any- Peer Reviewer's Responsibility Our responsibil[ity is to express an opinion on the design of the system of quality control and the firm's compliance Herewith based on our review. Required Selections and Considerations Engagements selected for review included engagements perfomhed under GovemrrmerdAuMng Sthrralank.including a aompkarm audit under the Single Audit Act and audits of employee benefit PW- As a part of our peer review,we considered reviews by regulatory entities as communicated by the firm,if applicable,in deterrni ring the nature and wdtent of our procedures. Opinion In our opinion,the system of quality control for the accoun ing and auditing practice of REDPATH AND COMPANY,LTD.in effect for the year ended May 31,2019,has been suitably designed and complied with to provide the firm with reasorhable asswmce of performing and reporting in conformity with applicable professional standards in all material respects.Firms can receive a ming of pass. pass wiffi a akdiency(iies)or fad REDPATH AND COMPANY,LTD.has received a peer review rating of Paw- Heidenreich&Heidenreich,CPAs, PLLC 3290950 Page 29 of 110 THIS PAGE INTENTIONALLY LEFT BLANK Page 30 of 110 Oak Park Heights Request for Council Action Meeting Date Sent 22, 2020 Time Required: 1 min Agenda Item Title: Approve Budget Adjustment Agenda Placement Consent Originating Department/Requestor Betty Caruso -Finance Director Requester's Signature Action Requested A rove 30 000 Budget Adjustment for Unforeseen Expenditure due to Washington County proposed extension of Manning Ave, Funding from the General Fund Unallocated Fund Balance Background/Justification (Please indicate if any previous action has been taken or if other public bodies have advised): 1) During 2020 the City has incurred approximately$30,000 in additional engineering expenses due to Washington County's planned extension of Manning Ave. and the possible participation that they sought from the City. The additional expenses were incurred for a business impact study and a traffic flow report. 2) This was a unforeseen expenditure and not included in the 2020 regular operations, therefore causing an over budget amount in the Engineering expense. 3) The City's General Fund Balance Policy allows the use of funds for unbudgeted expenditures that the City may incur during a budget cycle. 4) The Unallocated Fund Balance at this time has approximately $830,000. Based on the above information and due to this expenditure being a one-time expense and not a recurring expense, it is recommended to make a budget adjustment of$30,000 from the Fund Balance to the Engineering expense. Action Request: Adopt the Resolution for the Budget Adjustment of$30,000 from Fund Balance to Engineering Expense. Page 31 of 110 RESOLUTION 20-9- CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA A RESOLUTION APPROVING ADJUSTMENTS TO THE 2020 BUDGET WHEREAS, The City Council adopted the 2020 budget for calendar year on December 10, 2019; and, WHEREAS, the City Council for the City of Oak Park Heights during the 2020 City Operations determined possible budget items that may need additional funding for unforeseen expenditures related to Washington County's extension of Manning Road; 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 2020 General Fund Budget for the following: 2020 PROPOSED FUND BALANCE ADOPTED 2020 BUDGET ALLOCATION BUDGET ESTIMATE AMDENDMENT AVAILABLE ENGINEERING $ 26,000 $ 56,000 $ 30,000 $ 830,000 That the 2020 budget is hereby adjusted utilizing fund balance and approved as presented by the City Finance Director in the total amount of 30,000 Passed by the City Council for the City of Oak Park Heights this 22nd day of September 2020. Mary McComber, Mayor Attest: Eric A. Johnson Administrator Page 32 of 110 S Oak Park Heights Request for Council Action Meeting Date: Tuesday September 22, 2020 Agenda Item : Update SCADA Alarm Software Time Req. 1 Minutes Agenda Placement: Consent Originating Department[Request : Andy Kegley. Public Works Director Requester's Signature r" Action Requested: Authorize taff to purchase software/equipment and services to update SCADA alarm software. Background/Justification(Please indicate any previous action has been taken or if other public bodies have been advised). See attached memo. Page 33 of 110 f r wxt. a -u, to r City of Oak Park Heights 14168 Oak Park Blvd N.•Oak Park Heights,MN 55082•Phone(651)439-4439•rax 439-0574 Memorandum To: Eric Johnson, Administrator Cc: Mayor and Council From: Andrew Kegley, Public Works Director Date: 09/01/2020 Re: SCADA Software Updates SCADA alarm notification software updates lag behind Microsoft operating systems updates. When Microsoft announced that Windows version 7 would no longer be available nor supported, only then Win-911, and Factory talk A&E client software started rewriting for software updates.The updates were not concurrent. This caused a problem when the SCADA computer was upgraded from Windows 7 to Windows 10 with the Win911 and Factory Talk A&E Client software used to notify the presence of alarms. Automatic Systems troubleshot the issue and found a manual work around which consists of digging into the computers dialogic configuration settings and the Win-911 configuration settings to stop the software from running in the background, resetting the communication link (Although not simultaneously), and then manually setting a false alarm to check that the reset worked. Sometimes it takes multiple attempts. These steps are necessary to ensure that the SCADA computer notifies of any alarms via telephone. The problem is the communication link between Win911 and Factory Talk A&E is broken every time there is an update, or the software shuts down for any number of reasons. Manually checking to see if the alarm notification function is working defeats the purpose of having a SCADA system. There is now a software update for Win911 and Factory Talk A&E Client that will solve the broken communication link problem. In order to run this updated software,the internal modem also needs to be upgraded. The necessary equipment is as follows: Page 34 of 110 Unit Sub Item Cost Units Total WIN-911/PRO-Interactive $1,800 1 $1,800 WIN-911/IPPX Grandstream VolP PBX UCM6202 $500 1 $500 WIN-911/FT—FactoryTalk A&E Client $295 1 $295 Automatic Systems Labor $165 8 $1,320 Total Update cost $3,915 This update is essential for the SCADA to operate as it was designed and for the intended purpose of notifying staff of malfunctions in the water and sewer systems.The update would be funded from the $125,264 remaining budgeted projects SCADA fund. 2 Page 35 of 110 THIS PAGE INTENTIONALLY LEFT BLANK Page 36 of 110 ��T, Oak Park Heights Request for Council Action Meeting Date __- September 22, 2020 Time Required: 5 Minutes Agenda Item Title: Carol Johnson—Amended Conditional Use Permit—6165 Beach Road. Agenda PIacement New Business Originating Department/Requestor: Eric Johnson, City Administrator Requester's Signature e Action Requested Discussion, Possible Action Background/Justification(Please indicate 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 as presented to the Planning Commission; 2. Planning Commission Resolution(unsigned) 3. Proposed City Council Resolution. Page 37 of 110 e► . z TPC3801 Thurston Avenue N,Suite 100 Anoka, MN 55303 Phone. 763.231.5840 Facsimile, 783.427.0520 TPC§P1annlngCo.00m MEMORANDUM TO: Eric Johnson FROM: Scott Richards DATE: September 2, 2020 RE: Oak Park Heights—Amended Conditional Use Permit for Principal Building Height—6165 Beach Road Street North TPC FILE: 236.02 — 19.07 BACKGROUND Carol Johnson has made an application for an Amended Conditional Use Permit (CUP) to the approvals granted July 23, 2019 at 6165 Beach Road North. The approvals in 2019 allowed for three Conditional Use Permits, to allow a replacement accessory structure for a multiple family dwelling unit, for the rear yard setback, and for placement of the structure not totally within the rear yard. The Amended Conditional Use Permit has been requested to allow a change to the conditions of the 2019 approvals related to the height of the principal structure. The property is zoned R-2 Low and Medium Density Residential District. The principal structure is a four-unit multiple family dwelling. Multiple family dwellings of four units or less and their accessory structures are an allowed conditional use in that District. EXHIBITS The review is based upon the following submittals: Exhibit 1: Letter from Carol Johnson —August 11, 2020 Exhibit 2: Exhibit A to August 11, 2020 Letter Exhibit 3: Site Plan (Aerial Photo) Exhibit 4: Resolution 19-07-32 --July 23, 2019 Exhibit 5: Site Pictures —(5 pages) PROJECT DESCRIPTION The project description and justification for the Amended CUP from Carol Johnson is as follows: Page 38 of 110 This letter is submitted for consideration by the City of Oak Park Heights in support of my application for an amendment to a Conditional Use Permit (CUP) issued for construction of a new garage which has now been built on the above referenced property. 1 am asking the City to waive one (1) requirement of the CUP: "5. The height of the accessory structure shall not exceed the height of the principal structure." The principal structure is a multifamily residential building (hereafter referred to as "the 4 Alex') Several current pictures of the buildings are attached to this letter for reference. Some of the reasons 1 am requesting a waiver are the following: 1. Putting a new pitched roof on the 4 Alex building would place enormous stress on the existing structure which was constructed in the 1960's when the upper and lower floors of a two story home were separated and moved to the current location. They were then joined together side by side to create the existing 4 Alex. In 1979, the two halves separated where they had been joined at the ceiling resulting in extensive water damage to the entire building believed due to the stresses caused by the settling of the soil under the building. We also still have some visible cracks in the walls and ceilings resulting from the construction activity on the Hwy. 36/St. Croix River Bridge and also from the City water and sewer system construction projects. 2. The appearance of the property is esthetically pleasing as is. Putting a huge pitched roof on the principal structure would be visually overwhelming and unattractive. The balance presently achieved with the existing trees and landscaping on the property would likely be lost. 3. There is no practical benefit to make any changes to the existing roof. The spaces created by a new roof design would be useless. We already have had to redo much of the wiring and plumbing in the principal building within the current configuration by tearing out floors and ceilings in the building. 4. The current specifically designed water drainage system on the property would be impacted and likely require additional accommodations for water runoff problems that might arise with respect to neighboring properties. Our current design was focused on avoiding any negative impact on the neighbors. 5. Regarding precedent which may be set by granting my request, this property is unique in many ways which make the likelihood of opening the floodgates to other requests for relief of building height requirements very low. 6. The cost of another $100,000 to building an empty shell roof would be an extreme and unwarranted hardship. The building has been brought up to code with new egress windows, wiring, plumbing to mention a few and I have complied with everything that has been asked of me to build a new garage. 2 Page 39 of 110 ISSUES ANALYSIS Comprehensive Plan The property is designated as low density residential in the Comprehensive Plan Proposed Land Use Map. Zoning The property is zoned R-2 Low and Medium Density Residential District. Multiple family dwellings of four units or less and their accessory structures are an allowed conditional use in that District. The accessory building requirements in Section 401.15.D.10 (Compatibility) of the Zoning Ordinance require that "the exterior appearance of the accessory building including roof pitch and style is not at variance with the principal building from an aesthetic and architectural standpoint." Because of that requirement, a condition was added to the original CUP conditions that read as follows: 5. The heights of the garage shall not exceed the height of the principal structure. At the time the CUP was approved in 2019, it was evident that the new accessory structure would exceed the height of the principal structure which is a flat roof building. The Applicant had indicated at that time that a pitched roof was going to be added to the principal structure to match the accessory structure. A review of all the accessory building requirements is as follows. Accessory Building Requirements Section 401.15.D provides a list of requirements for construction of an accessory building on a property. Please find a review of those criteria: 1. Connection with Principal Building. An accessory building shall be considered an integral part of the principal building if it is connected to the principal building by a covered passageway. Comment: The house and garage are not attached. 2. Location. No accessory buildings shall be erected or located within any required yard other than the rear yard except by approval of a conditional use permit according to the provisions of Section 409.03 and Section 401.15.D.13 of this Ordinance. Comment: A Conditional Use Permit was granted to allow the garage structure partially in the side yard. The placement of the principal structure on this lot provides a narrow rear yard that did not allow for a standard two stall garage to be constructed. 3 Page 40 of 110 3. Height/Setbacks. Accessory buildings shall not exceed twenty (20) feet in height or exceed the height of the principal structure on the lot. Accessory buildings shall be five (5) feet or more from side lot lines, eight (8) feet from the rear lot line and shall be six (6) feet or more from any other building or structures providing the requirements of the Building Code are met. Accessory buildings shall not be located within a utility and/or drainage easement unless written approval is obtained from the easement holder. The setback and height requirements under this provision may be varied by approval of a conditional use permit as provided for in Section 409.03 and Section 401.15.D.13 of this Ordinance. Comment: A Conditional Use Permit was granted for the rear yard setback. 4. Lot Coverage. No accessory building or detached garage or combination thereof within a residential district shall occupy more than twenty-five (25) percent of the area of the rear yard except by approval of a conditional use permit according to the provisions of Section 401.03 and Section 401.15.D.13 of this Ordinance. Comment: The garage complied with this provision with a coverage of 22.9 percent. 5. Number of Structures. No building permit shall be issued for the construction of more than one (1)private garage or storage structure for each detached single family dwelling, commercial, industrial, public or institutional building except by approval of a conditional use permit according to the provisions of Section 409.03 and 401.15.D.13 of this Ordinance. Every detached single-family dwelling unit erected after the effective date of this Ordinance shall be so located on the lot so that at least a two (2) car garages either attached or detached, can be located on said lot. Comment: Only one detached structure is located on this lot. 6. Size. No accessory building for single family dwellings or combination of attached and detached accessory buildings shall exceed one thousand, two hundred (1,200) square feet of floor area, except by conditional use permit as provided for in Section 401.03 and Section 401.15.D.13 of this Ordinance. Comment: The accessory structure is 768 square feet. 7. Administrative Approvals. Storage buildings one hundred twenty(120) square feet or less and in conformance with the provisions of this Ordinance may be approved by the Building Official without a building permit and may be in excess of the number of structures allowable in Section 401.15.D.5. above. Comment: Not applicable. 4 Page 41 of 110 8. Building Permit No building permit shall be issued for the construction of an accessory building in a residential district when an existing detached garage or other accessory building is located on the same lot, except by conditional use permit as provided for in Section 401.03 and Section 401.15.D.13 of this Ordinance. Comment: Only one detached structure is located on this lot. 9. Accessory Uses. No accessory uses or equipment such as air conditioning cooling structures or condensers, swimming pools, and the like which generate noise may be located in a side yard except for side yards abutting streets where equipment is fully screened from view. Comment: Any exterior mechanical equipment associated with the garage will need to be screened. 10.Compatibility. The same or similar quality exterior material shall be used in the accessory building and in the principal building. All accessory buildings shall also be compatible with the principal building on the lot. "Compatible"means that the exterior appearance of the accessory building including roof pitch and style is not at variance with the principal building from an aesthetic and architectural standpoint. Comment: The exterior of the garage was finished with siding and colors to match the current principal building exterior. The original intent was to construct a gable roof on the principal structure to match the garage. The current request for the Amended CUP will alter the conditions so that the Applicant is not required to do so. Conditional Use Permit The conditional use permit criteria, found in Section 401.03.A.7 of the Zoning Ordinance, are found as follows: 1. Relationship to the specific policies and provisions of the municipal comprehensive plan. 2. The conformity with present and future land uses in the area. 3. The environmental issues and geographic area involved. 4. Whether the use will tend to or actually depreciate the area in which it is proposed 5. The impact on character of the surrounding area. B. The demonstrated need for such use. 7. Traffic generation by the use in relation to capabilities of streets serving the property. 8. The impact upon existing public services and facilities including parks, schools, streets, and utilities, and the City's service capacity. 9. The proposed use's conformity with all performance standards contained herein (i.e., parking, loading, noise, etc.). Comment: The Planning Commission should comment if any of these criteria will be at odds with the requested Amended Conditional Use Permit. The 5 Page 42 of 110 Applicant has provided reasons in their narrative why the gable roof should not be required for the principal structure. The impact to surrounding neighbors would be minimal if the height of the principal structure is not raised, in fact a gable roof on the multi-family building would likely out of odds with the neighboring properties. Staff does have some concern related to precedence, but the fact that the principal structure has been in place for over 50 years as a flat roof building would reduce the likelihood that this issue would arise again in the City. If both structures were new construction, there would be no question that the principal structure would need to exceed the height of the accessory structure. Setbacks No changes to setbacks are required for this request. Drainage/Utilities No changes to drainage and utilities are required for this request. If the principal building is required, the drainage patterns may change and will require review by the City Engineer. CONCLUSION/RECOMMENDATION The Planning Commission should consider the criteria for review of a Conditional Use Permit discussed above and determine if the amendment is warranted. If the Planning Commission recommends the request for an Amended Conditional Use Permit to the approvals granted July 23, 2019 at 6165 Beach Road North related to height of the principal building, it should consider it with any added conditions. 1. Any conditions of the Planning Commission or City Council. PC: Julie Hultman 6 Page 43 of 110 CAROL D. JOHNSON 6165 Beach Road North Oak Park Heights,MN 55082 (651)253-28789 Cell (651)439-9260 Residence e-mail: carold55082QjA0Lxam August 11,2020 City of Oak Park Heights ATTN.- Mr.Eric A.Johnson 14168 Oak Park Blvd.No. Oak Park Heights, MN 55082 Re: Development Application dated August 11,2020 Dear Mr.Johnson: This letter is submitted for consideration by the City of Oak Park Heights in support of my application for an amendment to a Conditional Use Permit(CUP) issued for construction of a new garage which has now been built on the above referenced property. I am asking the City to waive one(1) requirement of CUP: "5.The height of the accessory structure shall not exceed the height of the principal structure." The principal structure is a multifamily residential building(hereafter referred to as "the 4-plex"). Several current pictures of the buildings are attached to this letter for reference. Some of the reasons I am requesting a waiver are the following: I.Putting a new pitched roof on the 4 Alex building would place enormous stress on the existing structure which was constructed in the 1960s when the upper and lower floors of two story home were separated and moved to the current location. They were then joined together side by side to create the existing 4-plex.In 1979,the two halves separated where they had been joined at the ceiling and resulting in extensive water damage to the entire building believed to be due to the stresses caused by the settling of the soil under the building. We also still have some visible cracks in the walls and ceilings resulting from the construction activity on the Hwy.36/St. Croix River Bridge and also from the City water and sewer system construction projects. 2.The appearance of the property is esthetically pleasing as is.Putting a huge pitched roof on the principal structure would be visually overwhelming and Page 44 of 110 unattractive. The balance presently achieved with the existing trees and landscaping on the property would likely be lost. I There is no practical benefit to make any changes to the existing root The spaces created by a new roof design would be useless.We already have had to redo much of the wiring and plumbing in the principal building within the current configuration by tearing out floors and ceilings in the building 4. The current specially designed water drainage system on the property would be impacted and likely require additional accommodations for water runoff problems the might arise with respect to neighboring properties. Our current design was focused on avoiding any negative impact on neighbors. 5.Regarding precedent which may be set by granting my request,this property is unique in many ways which make the likelihood of opening the floodgates to other requests for relief of building height requirements very low. 6.The cost of another$100,000 to build an empty shell roof would be an extreme and unwarranted hardship. The building has been brought up to code with new egress windows,wiring,plumbing to mention a few and I have complied with everything that has been asked of me to build the new garage. I would sincerely appreciate your consideration and approval of my request for an amended CUP. Yours truly, �U Carol A Johnson Page 45 of 110 �IG+ Pox Ime 16 � kve41C4V Ivey C OP W# SIP bt to W PF a L The City Engimer shad review dw mage for the sites. The fmild Fift for the proposed struestum shall be subject to review by aad approval offthe City Fj�emcw. 2. Any ertior mechaatia d ecluipmcm associated wtth the armory SUUCW=Will.be m=mvt. 3. The ear of the ac mmxy strtwtuTO dull be finisW with sift md is a oclor to nmwh the c un mt prku*al Wldiug exterior. rior. 4- The upper level of the accessory str WMM shall be used for stcnage and not for habitable space. I Mm height ofthe awmsmy structure shall not exceed the Iigbt of the principal struatuc. b. The Appheaant will work wih the City Axb mg to prewve the 06 Wd maple trees slxmn to be rmwvad on dw site plan as well at the cedar tm on the nodh pope ny linc. 7. An mclomm aluall be acted on the ag sk of the new accogmy structure to cmkm all trash and recycling containass. 8. Tbc alrplic= apply for smd eve a buUd mg pwmt for the accessory OftucMim All vpUcable BWfg Code raqWrmmts aball be mat. KcAd Aj— t i s m1V Page 46 of 110 I 1 eF,73yi4ffi z LLyl ---�—�-�—...Y.-FR�1�Nd�..;-, Sp;2 bbb z � 4 Uo II _ 83 UJ ° aI 1 � � g k XT LU a .I A$ J t sx€ ff Was to LU e� y a WCSV Z LUw ' g 5 LU CF) 4 1 + ! o W b I B i I N 0)Z Z LO V w 7 w 7�89 � TIDY _� muv'a _ EmCL la `�F tr1 Y u ro 'y t�r yx�` -•� ?_F� � ��� yr�� � x.3"' u �.. -!°,t'.�..Et' '�,,;,h S '. ,�x � •����.r��:n'� �, .,fir �F`�`F�Pf°L".�..r,��i.'sry '�,IY:,dr� � � `f � .: ��� :— •-.�. e' ..���_, �' '.Yqr� .fig P: Y�r < �x'pr i�':� �' • y 'a �x '�`F .,�„ R �2 Vis- + - `+a��}S *l� � i� �� o 411 4r' ON s 1 A gg --------------- tt S2 y a s• fl ZcZ�L gL 4 }is',, � �';Y Y £ ,eat �• &: 4 Gri t A3 $y a �"' ,"� dk�4-�_-�tf.'� � L� � �, s �� °n `'-�ai I ��-r � ;� s .L� [r:,fJ•^"d r��l �^� "� � _ °�, g 47 of 110 - _ g e RESOLUTION NO.Lj-Q7-32 CITY COUNCIL CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY,MINNESOTA A RESOLUTION ESTABLISHING FINDINGS OF FACT AND RESOLUTION OF THE CITY COUNCIL THAT THE REQUEST BY CAROL JOHNSON FOR CONDITIONAL USE PERMITS TO ALLOW A REPLACEMENT ACCESSORY STRUCTURE FOR A MULTIPLE FAMILY DWELLING UNIT AT 6165 BEACH ROAD NORTH BE APPROVED WITH CONDITIONS WHEREAS, the City of Oak Park Heights has received a request from Carol Johnson for three Conditional Use Permits to allow a replacement accessory structure for a multiple family dwelling unit at 6165 Beach Road North; and after having conducted a public hearing relative thereto, the Planning Commission of Oak Park Heights recommended that the application be approved with conditions. The City Council of the City of Oak Park Heights makes the following findings of fact and resolution: � follows, t It o wit:The real property affected by said application is legally described as 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 R-2 Low and Medium Density Residential District in which multiple family dwellings of four units and less and accessory detached structures are an allowed conditional use; and 4. The Applicant is requesting a Conditional Use Permit to allow a replacement accessory structure for a multiple family dwelling unit in the R-2 Low and Medium Density Residential District, a Conditional Use permit for the rear yard setback and a Conditional Use Permit for placement of the accessory structure not totally within the rear yard; and Page 48 of 110 5. Section 401.26.E.3 of the Zoning Ordinance requires a Conditional Use E Permit for multiple family structures of not more than four units. There is a four-unit multiple family structure on the subject site and well as an existing accessory structure. The Conditional Use Permit will allow replacement of the accessory structure; and 6. Section 401.15.D.3 of the Zoning Ordinance requires an eight-foot setback to the rear property line. The proposed accessory structure is proposed to be setback 2.4 from the rear property line, consistent with the setback of the existing accessory structure; and 7. Section 401.15.D.2 of the Zoning Ordinance requires a Conditional Use Permit for the placement of the accessory structure in any yard other than the rear yard. The proposed accessory structure will be partially placed in the side yard; and 8. City staff prepared a planning report dated July 2, 2019 reviewing the request; and 9. Said report recommended approval of the Conditional Use Permits in that they were in conformance with the criteria for issuance of Conditional Use Permits found in Section 401.15.1).13, and Section 401.03.A.7 of the Zoning Ordinance. Said recommendation was subject to the fulfillment of conditions; and 10. The Planning Commission held a public hearing at their July 11,2019 meeting,took comments from the applicants and public, closed the public hearing, and recommended the application based upon the odd shape of the lot,that the front yard abuts Upper 61'Street North resulting in the rear lot line to the north, and the location of the principal structure on the lot. 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 Carol Johnson for three Conditional Use Permits to allow a replacement accessory structure for a multiple family dwelling unit at 6165 Beach Road 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 for approval with the following conditions: 1. The City Engineer will review the drainage for the site. The final grading for the proposed structure shall be subject to approval of the City Engineer. 2 Page 49 of 110 2. Any exterior mechanical equipment associated with the garage shall be screened. 3. The exterior of the proposed garage shall be finished with siding and in i color to match the current principal building exterior. 4. The upper level of the proposed garage shall be used for storage and not for habitable space. 5. The height of the garage shall not exceed the height of the principal structure. 6. The Applicant will work with the City Arborist to preserve the ash and maple trees shown to be removed on the site plan as well at the cedar tree on the north property line. 7. An enclosure shall be constructed on the east side of the new accessory structure to enclose all trash and recycling containers. 8. The applicant shall apply for and receive a building permit for the structure. All applicable Building Code requirements shall be met. Approved by the City Council of the City of Oak Park Heights this 23d day of July 2019. M omber, Mayor A ST: J on, City Administrator 3 Page 50 of 110 i` ATTACHMENT A r.� .5 Conditional Use Permits Accessory Structure for Multi-Family Dwelling Replacement And Rear Yard Setback Carol Johnson 6165 Beach Road N. Washington County Parcel Number:34.030.20.33.0143 Legal Description: Lots Eleven (11), Twelve(12) and Thirteen (13), except the Northerly Seventeen and seventy- five hundredths (17.75)feet of said lot Thirteen (13), all in Block Nineteen (19Elf to Oak Park, according to the Plat thereof and on file and of r ), alt's Addition of Deeds in and for said County and State. ecord in the office of the Register Page 51 of 110 ATTACHMENT B 0 d�3' Conditional Use Permits Accessory Structure for Multi-Family Dwelling Replacement And Rear Yard Setback Carol Johnson 6165 Beach Road N. Application Materials • Application Form • Fees • Plan Sets • Written Narrative and Graphic Materials Explaining Proposal • Mailing List from Washington County(350'/150'from subject property) • Proof of Ownership or Authorization to Proceed • Property Tax Statements)/Legal Description(s) Planning Commission Public Hearing& Recommendation:July 11, 2019 Required Approvals: CUP City Council 4/5 Conditional Use Permit-Lapse of Approval: Unless the City Council specifically approves a different time when action is officially taken on the request,the conditional use permit shall become null and void twelve (12) months after the date of approval, unless the property owner or applicant has substantially started the construction of any building,structure, addition or alteration, or use requested as part of the conditional use. An application to extend the approval of a conditional use permit shall be submitted to the Zoning Administrator not less than thirty(30)days before the expiration of said approval. (401.03.C.4.a and b) Page 52 of 110 " e .. Y a yy P All, s Aik �. 1 9J� ° " M° p� r, R 71 1 a. � y ° � "c^ •� F y�rrl � "d '{ • ! x , " » w u ' Y � p � w �n��ii4" II r..11lll111 ° " AL ^ t Ir PI ,ais �1 ^' .T , Af up w r. �n » V V ^ w, 41� �{ I a" St WAY Ar y A yll I , 111M I, I. s ^vp S'k b �A� Y I •. T F Y yr 'I'I " w� O N�'ey �a y.�.•, � t TT ee ��l�m�l�'��'�'iA�`.M" Y � ,111� �y.. f 7°J�•a � �,� :.. �Y � a I III II 9 3 I " 0 r. . d�•f""Ifs �•.,'. k_ � tr • ale - — '. r r , 2� 4 i 1 w, - fiiL w r I � i r 7 , Ji, f FY E ^aa Page 57 of 110 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 CAROL JOHNSON FOR A CONDITIONAL USE PERMIT TO ALLOW AN AMENDMENT TO THE CONDITIONAL USE PERMIT GRANTED JULY 239 2019 RELATED TO THE HEIGHT OF THE PRINCIPAL STRUCTURE AT 6165 BEACH ROAD NORTH SHOULD BE APPROVED WHEREAS, the City of Oak Park Heights has received a request from. Carol Johnson (Applicant) for a Conditional Use Permit to allow an amendment to the Conditional Use Permit granted July 23, 2019 to remove Condition 5 as it relates to the height of the principal structure at 6165 Beach Road 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 R-2 Low and Medium Density Residential District in which multiple family dwellings of four units and less and accessory detached structures are an allowed conditional use; and 4. The Applicant is requesting an Amended Conditional Use Permit to allow a change to the conditions of the July 23, 2019 Conditional Use Permit approvals related to the height of the principal structure and a newly constructed accessory building; and Page 58 of 110 5. Section 401.1.5.13.3 of the Zoning Ordinance states that"accessory buildings shall not exceed twenty (20) feet in height or exceed the height of the principal structure on the lot"; and 6. Section 401.15.D.10 of the Zoning Ordinance requires that"the exterior appearance of the accessory building including the roof pitch and style is not at variance with the principal building from an aesthetic and architectural standpoint"; and 7. The Conditional Use Permit approved by the City Council July 23, 2019 included Condition 5 that stated "The height of the accessory structure shall not exceed the height of the principal structure"; and 8. The Applicant constructed the accessory building with a 12/12 pitched roof that exceeds the height of the principal structure, which has a flat roof; and 9. The Applicant had intended to place a pitched roof on the principal structure that would match the pitch and exceed the height of the accessory structure but realizing the structural difficulties of the principal structure, the mass and scale that the pitched roof would add to the structure, and drainage issues that the added pitch could create has asked for an amendment to the conditions of the July 23, 2019 Conditional Use Permit that would remove Condition 5; and 10. City staff prepared planning reports dated September 2, 2020 and September 9, 2020 reviewing the request; and 11. Said September 9, 2020 report recommended approval of the Conditional Use Permit in that it was in conformance with the criteria for issuance of Conditional Use Permits found in Section 401.15.1), and Section 401.03.A.7 of the Zoning Ordinance; and 12. The Planning Commission held a public hearing at their September 10, 2020 meeting, took comments from the applicants and public, closed the public hearing, and recommended that Condition 5 of the Conditional Use Permit approved July 3, 2019 be removed, based upon the following: a. The property and principal building are unique in that the principal structure is a flat roofed structure in which the first level is partially below grade. b. There are few flat or pitched roofed single family or multiple family dwellings in the City of Oak Park Heights in which the accessory structure would exceed the height of the principal structure. C, Adding a gable roof to the existing flat roofed multiple family structure would add to the mass and scale and would be at odds with the existing single-family character of the neighborhood and not consistent with the Conditional Use Permit criteria found in Section 401.03.A.7 of the Zoning Ordinance. 2 Page 59 of 110 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 Carol Johnson (Applicant) for a Conditional Use Permit to allow an amendment to the Conditional Use Permit approval granted July 23, 2019 to remove Condition 5 as it to the height of the principal structure at 6165 Beach Road 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 by the Planning Commission of the City of Oak Park Heights this 10th day of September 2020. Timothy Freeman, Chair ATTEST: Eric A. Johnson, City Administrator 3 Page 60 of 110 ATTACHMENT A 1. Conditional Use Permit Allowing Amendment to July 23, 2019 Conditional Use Permit Related to Height of Principal Structure At 6165 Beach Road N. Washington County Parcel Number:34.030.20.33.0143 Legal Description: Lots Eleven (11), Twelve (12) and Thirteen (13), except the Northerly Seventeen and seventy- five hundredths (17.75) feet of said Lot Thirteen (13), all in Block Nineteen (19), Elfelt's Addition to Oak Park, according to the Plat thereof and on file and of record in the office of the Register of Deeds in and for said County and State. Page 61 of 110 ATTACHMENT B Z4 Conditional Use Permit Allowing Amendment to July 23, 20191 Conditional Use Permit Related to Height of Principal Structure At 6165 Beach Road N. Application Materials • Application Form • Fees • Plan Sets • Written Narrative and Graphic Materials Explaining Proposal • Mailing List from Washington County (350'/150' from subject property) • Proof of Ownership or Authorization to Proceed • Property Tax Statements)/Legal Description(s) Planning Commission Public Hearing & Recommendation: September 10, 2020 Required Approvals: CUP City Council 4/5 Conditional Use Permit - Lapse of Approval: Unless the City Council specifically approves a different time when action is officially taken on the request, the conditional use permit shall become null and void twelve (12) months after the date of approval, unless the property owner or applicant has substantially started the construction of any building, structure, addition or alteration, or use requested as part of the conditional use. An application to extend the approval of a conditional use permit shall be submitted to the Zoning Administrator not less than thirty (30) days before the expiration of said approval. (401.03.C.4.a and b) Page 62 of 110 RESOLUTION NO. CITY COUNCIL CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA A RESOLUTION ESTABLISHING FINDINGS OF FACT AND RESOLUTION OF THE CITY COUNCIL THAT THE REQUEST BY CAROL JOHNSON FOR A CONDITIONAL USE PERMIT TO ALLOW AN AMENDMENT TO THE CONDITIONAL USE PERMIT GRANTED JULY 23, 2019 RELATED TO THE HEIGHT OF THE PRINCIPAL STRUCTURE AT 6165 BEACH ROAD NORTH BE APPROVED WITH CONDITIONS WHEREAS, the City of Oak Park Heights has received a request from Carol Johnson (Applicant) for a Conditional Use Permit to allow an amendment to the Conditional Use Permit granted July 23, 2019 to remove Condition 5 as it relates to the height of the principal structure at 6165 Beach Road North, and after having conducted a public hearing relative thereto, the Planning Commission of Oak Park Heights recommended approval of the request. 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 R-2 Low and Medium Density Residential District in which multiple family dwellings of four units and less and accessory detached structures are an allowed conditional use; and 4. The Applicant is requesting an Amended Conditional Use Permit to allow a change to the conditions of the July 23, 2019 Conditional Use Permit approvals related to the height of the principal structure and a newly constructed accessory building; and Page 63 of 110 5. Section 401.15.D.3 of the Zoning Ordinance states that"accessory buildings shall not exceed twenty(20) feet in height or exceed the height of the principal structure on the lot"; and 6. Section 401.15.D.10 of the Zoning Ordinance requires that "the exterior appearance of the accessory building including the roof pitch and style is not at variance with the principal building from an aesthetic and architectural standpoint"; and 7. The Conditional Use Permit approved by the City Council July 23, 2019 included Condition 5 that stated"The height of the accessory structure shall not exceed the height of the principal structure"; and S. The Applicant constructed the accessory building with a 12/12 pitched roof that exceeds the height of the principal structure, which has a flat roof; and 9. The Applicant had intended to place a pitched roof on the principal structure that would match the pitch and exceed the height of the accessory structure but realizing the structural difficulties of the principal structure, the mass and scale that the pitched roof would add to the structure, and drainage issues that the added pitch could create has asked for an amendment to the conditions of the July 23, 2019 Conditional Use Permit that would remove Condition 5; and 10. City staff prepared planning reports dated September 2, 2020 and September 9, 2020 reviewing the request; and 11. Said September 9, 2020 report recommended approval of the Conditional Use Permit in that it was in conformance with the criteria for issuance of Conditional Use Permits found in Section 401.15.D, and Section 401.03.A.7 of the Zoning Ordinance; and 12. The Planning Commission held a public hearing at their September 10, 2020 meeting, took comments from the applicants and public, closed the public hearing, and recommended that Condition 5 of the Conditional Use Permit approved July 3, 2019 be removed, based upon the following: a. The property and principal building are unique in that the principal structure is a flat roofed structure in which the first level is partially below grade. b. There are few flat or pitched roofed single family or multiple family dwellings in the City of Oak Park Heights in which the accessory structure would exceed the height of the principal structure. C. Adding a gable roof to the existing flat roofed multiple family structure would add to the mass and scale and would be at odds with the existing single-family character of the neighborhood and not consistent with the Conditional Use Permit criteria found in Section 401.03.A.7 of the Zoning Ordinance. 2 Page 64 of 110 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 Carol Johnson (Applicant) for a Conditional Use Permit to allow an amendment to the Conditional Use Permit approval granted July 23, 2019 to remove Condition 5 as it to the height of the principal structure at 6165 Beach Road 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 condition: 1. The conditions listed in the July 23, 2019 Conditional Use Permit approval shall remain in effect except for Condition 5 which is hereby removed. Approved by the City Council of the City of Oak Park Heights this 22"d day of September 2020. Mary McComber, Mayor ATTEST: Eric A. Johnson, City Administrator 3 Page 65 of 110 ATTACHMENT A r Conditional Use Permit Allowing Amendment to July 23, 2019 Conditional Use Permit Related to Height of Principal Structure At 6165 Beach Road N. Washington County Parcel Number:34.030.20.33.0143 Legal Description: Lots Eleven (11), Twelve (12) and Thirteen (13), except the Northerly Seventeen and seventy- five hundredths (17.75) feet of said Lot Thirteen (13), all in Block Nineteen (19), Elfelt's Addition to Oak Park, according to the Plat thereof and on file and of record in the office of the Register of Deeds in and for said County and State. Page 66 of 110 ATTACHMENT B �Te Conditional Use Permit Allowing Amendment to July 23, 2019 Conditional Use Permit Related to Height of Principal Structure At 6165 Beach Road N. Application Materials • Application Form • Fees • Plan Sets • Written Narrative and Graphic Materials Explaining Proposal • Mailing List from Washington County (350'/150' from subject property) • Proof of Ownership or Authorization to Proceed • Property Tax Statement(s)/Legal Description(s) Planning Commission Public Hearing & Recommendation: September 10, 2020 Required Approvals: CUP City Council 4/5 Conditional Use Permit - Lapse of Approval: Unless the City Council specifically approves a different time when action is officially taken on the request, the conditional use permit shall become null and void twelve (12) months after the date of approval, unless the property owner or applicant has substantially started the construction of any building, structure, addition or alteration, or use requested as part of the conditional use. An application to extend the approval of a conditional use permit shall be submitted to the Zoning Administrator not less than thirty (30) days before the expiration of said approval. (401.03.C.4.a and b) Page 67 of 110 THIS PAGE INTENTIONALLY LEFT BLANK Page 68 of 110 r r Oak Park Heights Request for Council Action Meeting Date September 22, 2020 Time Required: 5 Minutes Agenda Item Title: Discount Tire—ROW& Utility Easement—Norell Ave Backage Road. Agenda Placement New Business Originating Department/Requestor: Eric Johnson, City Administrator Requester's Signature: Action Requested _Discussion, Possible Action Background/Justification (Please indicate if any previous action has been taken or if other public bodies have advised): The City Attorney has had extensive conversations with Discount Tire (Halle Properties) and there appears to be a workable framework for a Utility & Roadway Easement to facilitate the proposed Backage Road. Please see the enclosed draft Agreement. It includes much of the same language as utilized for the larger and adjacent property owner. The Easements would be perpetual and the City is required to pay a cost of$2,000 for such consideration. The attached map shows the general areas � � . impacted and necessary to accommodate a 60' � . ROW. This may shift a bit and is intended to o. accommodate an exterior tire storage area for Discount Tire. The map shows a location of f such storage area but would be relocated northwardly. Staff is requesting approval to enter into this a t Agreement at such time as the City Engineer I t _�*0 tAr l� and City Attorney and City Engineer deem t appropriate to facilitate the construction of the .. I t I t Norell Ave. Backage Road Project and subject jjijji&W,,.i AMM to any final revisions necessary by City Staff. Page 69 of 110 m � . 'a Cv' I � � I \��°�, 114� rp In„ I II 9 a Of ., I i II �I g t A r -- nrpy J F m_ 1 h, a Ix I ln � o , r__ N N Y !I I Page 70 of 110 MUNICIPAL TRANSPORTATION RIGHT-OF-WAY AND UTILITY EASEMENTS AGREEMENT THIS MUNICIPAL TRANSPORTATION RIGHT-OF-WAY AND UTILITY EASEMENTS AGREEMENT (this "Agreement") is made as of this day of September, 2020, by and between HALLE PROPERTIES, L.L.C., an Arizona limited liability company (the "Owner"), and the CITY OF OAK PARK HEIGHTS, WASHINGTON COUNTY, MINNESOTA, a Minnesota statutory city(the"City"). WITNESSETH: WHEREAS, both parties desire to undertake, effectuate and/or implement the realignment project (the "Project") of the south frontage roadway as generally depicted in Exhibit A, with legal descriptions as it may impact lands of the Owner(s) with PIN #s as follows (collectively,the"Owner's Property"): PIN# OWNER 05.029.20.21.0037 HALLE PROPERTIES,L.L.C. WHEREAS, the Owner is willing to convey easements to City over the portion of the Owner's Property depicted on Exhibit A&B (the "Conveyed Owner Property") for public purposes for the construction, development, execution and completion of the public road as generally depicted in Exhibit A (the "Roadway"). The Conveyed Owner Property is comprised of approximately 0.09 acres and lies generally at the southerly 10 feet, on average, of Owner's parcel, and more specifically is four(4) feet wide at the southwest corner of Owner's Property and expands to fourteen(14) feet wide at the southeast comer of Owner's Property, as depicted on Exhibit E. WHEREAS, the Owner is also willing to convey a temporary construction easement within the area described in Exhibit D for the purpose of constructing and developing the roadway as set forth herein. IT IS AGREED THAT: For and in consideration of the sum of Two Thousand and no/100 Dollars ($2,000.00) (the "Consideration") paid by City within two weeks of the full execution of this agreement and other good and valuable consideration, the receipt of which is hereby acknowledged, the Owner has this day bargained and sold, and by these presents does bargain, sell and transfer unto the City, its successors and assigns,the following: a. A perpetual easement for a municipal street, roadway and related transportation elements, including trail-ways and for municipal utility purposes (water, sanitary and storm water utilities), with the right to enter upon certain areas of the Owner's Property as is reasonably necessary to construct, maintain,repair and replace any lines, Page 71 of 110 equipment, materials, or other items for municipal transportation or utility purposes, for the purpose of establishing, maintaining, repairing or replacing said municipal utilities and transportation infrastructure over, across, through and under certain areas of the Owner's Property described in Exhibit C attached hereto, together with the right to excavate and refill ditches and/or trenches for the location of said municipal utilities, and the further right to store snow/ice, remove trees, bushes, undergrowth, and other obstructions interfering in the location, and construction/maintenance of said public infrastructure on the Conveyed Owner Property. b. The legal descriptions of the easements to be conveyed to the City are shown in Exhibit D and may only be modified by an amendment to this Agreement signed by the parties hereto. Upon completion of the Project,the City shall provide an"as-built" plans (the"Plans"). c. Except in the event of an emergency, the City shall provide prior reasonable written notice of any pending work to be performed on the Conveyed Owner Property. d. The City warrants to the Owner that the Owner shall bear no street, storm or other utility assessments for the development of the Roadway or otherwise in connection with the Project. e. The City shall (i) promptly repair and restore any damage to the Owner's Property caused by the City or any of it representatives, consultants, agents, employees or officers, to the same condition as previously existed, (ii) restore impacts to parking areas on the Owner's Property, and (iii) ensure reasonable interface and connections with the anticipated roadway alignment following proper engineering standards. f. Except as may be precluded by law, the City shall be responsible for all injury or damage to persons or property arising in connection with the City's negligence in use of the above-described easements by the City or during any of the City's construction in the same manner as it has with any city street. g. Upon completion of the Project, the City shall verify all final right of way dimensions, develop final legal descriptions and finalize any necessary easement language modifications, subject to the approval of Owner. h. If the City does not commence the construction of the Project by June 30, 2023, the easements and rights conveyed herein and this Agreement shall terminate and be void and of no further force or effect as of such date. i. Exhibit D describes those portions of the Owner's Property that are reasonably anticipated to be impacted during construction of the Roadway, and the Owner does additionally grant a temporary construction easement to the City for the sole purposes of implementing the public construction elements as outlined within this Page 72 of 110 Agreement. It is the City's sole responsibility to promptly repair any damage to the portions of the Owner's Property and to restore any impacted lands within such areas to at least an equal condition as such lands were in prior to the commencement of any construction. That the easement areas (the"Easement Area") are located on the Owner's Property, which is located in the City of Oak Park Heights, County of Washington, State of Minnesota and described on Exhibit B. In addition to the foregoing,the following commitments apply: 1. The City shall use due care in any use of the easement herein granted and, in the construction, installation, repair, replacement and maintenance of the City's improvements or the use of the Easement Area as provided for herein, so as not to unreasonably disturb the Owner's or any tenant of the Owner's use of the Owner's Property.. 2. The City's Project as shown in Exhibit A, if it proceeds is anticipated to be scheduled by the City so as to commence any construction prior to June 15th with substantial completion being not later than October 15th. 3. If the City vacates the Easement Area, which may only be triggered by a formal City Council action, the City shall provide the Owner with prompt written notice of such vacation and, the City covenants and agrees to promptly return the Easement Area to the same condition as the Easement Area were in prior to the date hereof, including, without limitation, the replacement of any sod, landscaping, paving or other improvements that existed within the Easement Area on the date hereof. Notwithstanding the foregoing, the Owner may,within five(5)business days of its receipt of the City's vacation notice,provide the City written notice that it desires to leave the Easement Area as-is and, in that event, the City shall leave the Easement Area in its then existing condition. The City shall defer any restoration of the Easement Area for ten (10) business days after the delivery of the City's vacation notice to effectuate the foregoing option of the Owner. 4. To the extent as permitted under MN. Statute 466.04, the City will hold the Owner harmless for, and defend the Owner against, any third-parry claims, causes of action, and suits which arise from the City's, its agents', employees', contractors' or invitees' acts or omissions pursuant to this Agreement, including, but not limited to, the use of the easement herein granted. 5. The City further agrees that the City will at all times during the duration of this Agreement maintain general liability insurance wholly consistent with coverages applied to other City roadways, including such insurance for the operation and maintenance of any and all improvements constructed pursuant to this Agreement, and to the extent as permitted under MN. Statute 466.04.. Page 73 of 110 6. The City represents that it shall (i) construct such roadway consistent with the two dimensional Concept Layout set forth in Exhibit A (the "Concept Plan") and (ii) repair and maintain such roadways and the Easement Area in reasonable repair consistent with proper public roadway management and engineering practices consistent with City Ordinances and how the City manages similar public streets including but not limited to: snow plowing, pavement management and typical municipal roadway maintenance. Prior to any construction,the City shall provide to the Owner final construction drawings to be issued by the City Engineer, which shall generally consist of: (i) site plans; (ii) utility plans; (iii) grading plans, including stormwater management; (iv) erosion and sediment control plans, including rock construction entrances, silt fence and other erosion controls required for the work on the Property and(v)phasing plans(collectively,the"Development Plan"). 7. The Owner shall have reasonable access, consistent with City ordinances to and use of any and all utilities constructed in the Easement Area pursuant to this Agreement, including, without limitation, water, sanitary and storm water. The City shall promptly cooperate with the Owner to permit the Owner to connect, hook up and interface with said utilities. 8. Except as temporarily impacted for the purposes of the construction of the Project, the City covenants and agrees that at all times after construction of the Project (i) the Owner shall have continued, uninterrupted and safe access to and use of the sidewalks and any trails on the Owner's Property; and (ii) the Owner shall have the continued, uninterrupted and safe ability to mow, landscape, irrigate, and snowplow the Owner's Property and to otherwise maintain and repair the Owner's Property. TO HAVE AND TO HOLD, said perpetual easements and right-of-way unto the City, its successors and assigns, forever subject to the foregoing. The Owner does hereby covenant with the City that it is lawfully seized and possessed of the Owner's Property. IN WITNESS WHEREOF, the said parties have caused this Agreement to be executed as of the day and year first above written. IN PRESENCE OF: THE OWNER: HALLE PROPERTIES,L.L.C., an Arizona limited liability company By its Managing Member: Wilanna,Inc. An Arizona Corporation By: Witness Name: Bridget K. Kautzky Its: Agent Page 74 of 110 Witness STATE OF ARIZONA ) ss. COUNTY OF MARICOPA ) On this day of July 2020,before me,a Notary Public,within and for said County and State,personally appeared Bridget Kautzky to me personally known,who,by me duly sworn did say that she is the Real Estate Counsel and Agent, of Wilanna, Inc., a duly organized Arizona corporation and the Managing Member and authorized signatory of Halle Properties, L.L.C., an Arizona limited liability company,who executed the foregoing document on behalf of such limited liability company. Notary Public Page 75 of 110 IN PRESENCE OF: THE CITY: CITY OF OAK PARK HEIGHTS By: Witness Mary McComber Its Mayor By: Witness Eric Johnson Its Administrator STATE OF MINNESOTA ) )ss. COUNTY OF WASHINGTON) On this day of July, 2020, before me, a Notary Public, in and for said County and State, appeared Mary McComber and Eric Johnson, to me personally known, who being by me first duly sworn, did say that they are respectively the Mayor and Administrator of the CITY OF OAK PARK HEIGHTS, who executed the foregoing document by authority of the City Council of the CITY OF OAK PARK HEIGHTS, and said Mayor and Administrator acknowledge said instrument to be the free act and deed of said CITY OF OAK PARK HEIGHTS. Notary Public Page 76 of 110 EXHIBIT "A" Concept Plan [to be inserted] Page 77 of 110 EXHIBIT `B" Owner's Property Legal Description(s)of Parcels with PIN# PIN# OWNER 05.029.20.21.0037 HALLE PROPERTIES,L.L.C. Legal Description: THE SHOPPES OF OAK PARK HEIGHTS 2ND ADD Lot 3 Block 1,according to the recorded plat thereof,Washington County,Minnesota Map shown for Reference Only Page 78 of 110 EXHIBIT "C" Legal Description(s) of Permanent Easements for roadway, transportation, public infrastructure and utility purposes across parcels with PIN# PIN# OWNER 05.029.20.21.0037 HALLE PROPERTIES,L.L.C. Permanent Easement Legal Description: TBD Page 79 of 110 EXHIBIT "D" Legal Description(s) of Temporary Construction Easements across parcels with PIN# PIN# OWNER 05.029.20.21.0037 IIALLE PROPERTIES,L.L.C. Legal Des of Temp.Construction Easement: TBD Page 80 of 110 Oak Park Heights Request for Council Action Meeting Date September 22. 2020 Agenda Item Title Adopt Resolution Approving 2021 Proposed Budget and Proposed Tax Levies Time Required 5 Minutes Agenda Placement New Business Originating Department/Requestor Finance — Betty Caruso, Finance Director Requester's Signature Action Requested: Adopt Resolution to Approve 2021 General Fuad Proposed Budget and Proposed General Fund Tax Levy. Background/Justification : Attached is the 1) Resolution 2)Summary of Revenue and Summary of Expenditures and 3) PowerPoint for possible presentation 4)Copy of draft letter for the TNT notices to be sent by the County. A summary of the 2021 Budget and Tax Levy is as follows: 2021 BUDGET • 2021 General Fund Budget Expenditures as Proposed is$6,107,322. 2021 General Fund Budgeted Expenditures increased by$303,800 or 5.23%over 2020. (See Summary) • $ 86,000 or 2.01%is due to an increase in Operations • $ 217,800 increase in capital improvement budgets that had been reduced in prior years to reduce taxes • $ (0) change in Debt portion of the levy. The 2021 Proposed Budget does not utilize Unassigned Fund Balance towards 2021 expenditures as compared to 2020's budget which utilized$100,000 of fund balance. 2021 General Fund Budget Revenue other than taxes,decreased by$24,000. (See Summary) TAX LEVY The proposed tax levy for the City is$5,691,012 for the General Levy. The Proposed Levy is increased by $427,818 more than the 2020 levy. Included in the proposed General Fund Levy is the debt service amount of $579,000. A budgeted transfer to the related debt funds is reflected in the expenditures as well. TAX IMPACTS The Tax Rate for 2020 and estimated 2021 is 50.176%and 50.813% respectively. A 1.3%increase.The average market value increase in residential property for tax year 2021 is 1.1%. The estimated increase in residential property taxes from 2020 to 2021 is 2.6%. (Continued) Page 81 of 110 PAGE Meeting Date: September 24, 2019 Agenda Item Title: Adopt Resolution Approving 2021 Proposed Budget and Proposed Tax Lev Recommendation: Adjustments can be made to this budget between now and adoption of our final budget in December, however the tax levy cannot be increased to a greater amount than what is proposed and adopted at this meeting. The proposed 2021 General Fund Levy must be adopted, approved and certified to Washington County by September 30, 2020. The final budget and levy must be submitted to the County by December 28, 2020. 1 recommend approval and adoption of the Resolution for the proposed 2021 General Fund Budget and the 2021 General Fund Tax Levy. Page 82 of 110 RESOLUTION #20-09- CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA A RESOLUTION APPROVING THE 2021 PROPOSED BUDGET AND GENERAL FUND LEVIES WHEREAS, the City Staff has prepared and submitted to the City Council it' s proposed budget for calendar year 2021; and, WHEREAS, the City Council for the City of Oak Park Heights has determined that the proposed budget as submitted by the City Staff is in the best interests of the citizens of the City of Oak Park Heights . NOW, THEREFORE, BE IT RESOLVED by the City Council for the City of Oak Park Heights as follows : 1. That the 2021 proposed budget is hereby approved as presented by City Administration in the total General Fund amount of $6, 107, 322 . 2 . That the City Administrator is hereby authorized and directed to certify to Washington County the Proposed General Fund levy for the City of Oak Park Heights for the calendar year 2021 in the amount of $5, 691, 012 . Passed by the City Council for the City of Oak Park Heights this 22nd day of September 2020 . Mary McComber, Mayor Attest: Eric Johnson Administrator Page 83 of 110 o e e e e o 0 0 0 0 0 0 NC � •--� •--� O� O O O �D 'n n O °� N O� W N O O O oO N N O N N O p ° ' O � � N O O O O \O N o m oo ' o 'n 00 v o 0 01 dne eq [� N 00 ...i O cry N Cq CD O N 69 b9 69 O eq 0 0 C. 0 'an O C. N °° C O O Ql wl ' M M wN d �_ O� •fid' 7 � O en n N fie yg 69 7 0 O ID O O O O O O %O O C O O1 O N 0 0 0 0 0 O N N N OO O O v1 O h ' O m vi CD d ON M n v Ln Ln = -Re h O O on Q N 7 b 'n N w V v ON m O O h ea0 Q N 7 h h C Vi ff1 (n D �c N ON m O i:+ N O O n � 'n W V) •tt O It w m m Y n Wm V W N n N O N °O of O M "ItT N n On -. Q W Oi O w O+ M � w O O N •--� N ❑ Z t O h nn O v oo oo N M O O ❑ W W W W z O �O a tT m oo M oo kn v h W Z O O O h v'' N m O N M,--i M 'n o 'n o �o v n �o M rn W W N ❑ R vi m o0 � 00 N -+ oe -. 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V} t/)• in• iA te Q in Vt ih F-- W Z (7 U W Z ZQ 2 LLA W a Z O CL m F- Z c0 = G OZS LZ Q L (7 J Z Z �j v) LI LU F- H a W CC Z Z W w 3 LV Lu m a X Z W J o z W O Q LLIcr 0 w N O W V W ¢W¢ ~ GzJ F. ZP Q F W z c Q Z 0 Z ZO W Q to N N 3: J a cc ce Q O= Ln N (� Z Val z Y Y Y c�S Q W = _ = LL, LU cc as ric I}- OC tY 0C c> U ~ 0 0 4¢�1 Q J O2S Z G Z W H Z Z W O W D O w O � �: � t O G S W W W W J � O J f�O' ¢ Z Z a H 0C VMI Z Z Q LL V a c a O D U U 0 FQ- 0C Z M X Ln N L.L LL W Z Q (ar) W z Z G in N LU U� M V J L J W C 77V m m m 00 Z W LU a Ne W Q Q N c g 0 Ln Z O 0 z > > Q Ln Q = s or J 0 Z WU C J W U o LL U Q Z Q w U m a LL ca w Q m a a 0- Q N F- be cc a 2 ~ F- W c7 a a a O m Page 85 of 110 9/18/2020 .a, 2021 Preliminary Budget CITY OF OAK PARK HEIGHTS September i 1 INCREASE FROM 2020 2021 ].020 BUDGET BUDGET BUDGET %OF TOTAL I OPERATIONS PERSONNELCOSTS $2,145,775 $2,158,017 35.33% $ 12,242 0.57% CONTRACTUAL $1,456,250 $1,475,625 24.16% $ 19,375 1.33% SUPPLIES $ 117,170 $ 118,995 1.95% $ 1,825 1.56% INSURANCE $ 472,205 $ 521,800 8.54% $ 49,595 10.50% OTHER $ 43,485 $ 46,435 0.76% $ 2,950 6.78% CONTINGENCY $ 40,000 $ 40,000 0.65% $ 0.00% TOTALOPERATIONS $4,274,885 $4,360,872 71.40% $ 85,987 2.01% n DEBT $ 579,000 $ 579,000 9.48% $ - 0.00% CAPITAL IMPROVEMENTS $ 949,635 $1,167,450 19.12% $ 217,815 22.94% TOTAL CAPITAL EXPENSE $1,528,635 $1,746,450 28.60% $ 217,815 14.25% TOTAL EXPENDITURE BUDGET $5,803,520 $6,107,322 100.00% $ 303,802 5.23% aiiiIIIIIIIIII Page 86 of 110 1 9/18/2020 w - INCREASE(DECREASE 2020 2021 FROM 2020 BUDGET BUDGET PRELIMINARY I % TAXES-LEVY $5,263,194 $5,691,012 $ 427,818 8.13% TAXES-OTHER $ 67,500 $ 65,500 $ (2,000) -2.96% 'BUSINESS LICENSES-PERMITS $ 44,826 $ 44,860 $ 34 0.08% NONBUSINESS LICENSES-PERMITS $ 45,000 $ 45,000 $ - 0.00% FINES&FORFEITS $ 45,000 $ 45,000 $ - 0.00% INTERGOVERNMENTAL REVENUES $ 98,500 $ 107,000 $ 8,500 8.63% CHARGES FOR SERVICES $ 34,000 $ 34,850 $ 850 2.50% MISC.REVENUES $ 105,500 $ 74,100 $ (31,400) -29.76% FUND BALANCE $ 100,000 $ - $ (100,000) -100.00% TOTAL GENERAL FUND REVENUE $5,803,520 $6,107,322 $ 303,802 5.23% ry • Debt Total $Inc(Dec) %I nc(Dec) General Service Property from from Year Tax Levy Levy Tax Lew Prior Year Pior Year 2017 $4,590,661 $ 603,000 $ 5,193,661 $ 2,068 0.04% 2018 $4,725,501 $ 603,000 "$ 5,328,501 $ 134,840 2.60% 2019 $4,511,246 $ 579,000 '$ 5,090,246 $ (238,255) -4.47% 2020 $4,684,194 $ 579,000 $ 5,263,194 $ 172,948 3.40% 2021 $5,112,012 $ 579,000 $ 5,691,012 $ 427,818 8.13%�' of Page 87 of 110 2 9/18/2020 ESTIMATED CITY TAXES HOME VALUE 2020 ACTUAL 2021 ESTIMATE INCREASE %CHANGE $ 252,000 $1,175.53 $ 1,205.62 $ 30.09 2.56% $ 108,500 $ 399.99 $ 411.60 $ 11.61 2.90% $ 150,000 $ 624.78 $ 641.74 $ 16.96 2.71% $ 250,000 $1,165.68 $ 1,195.42 $ 29.74 2.55% $ 400,000 $1,976.77 $ 2,026.22 $ 49.45 2.50% RESIDENTIAL TAXINCREASE MEDIAN TAX RATE TAX (DECREASE) HOME %CHANG 2017 56.143 $ 11069 $ 209,000 2018 54.462 $ 1,048 $ (21) $ 211,000 0.96% u, 2019 50.031 $ 1,038 $ (10) $ 224,000 6.16% 2020 50.176 $ 1,176 $ 138 $ 250,000 11.61% 2021 50.813 S 1,206 $ 30 $ 252,000 0.80% ii t SYR -5.33 S 137,00 12.>Z% $ 43,000 1 2WP% Page 88 of 110 3 9/30/20 DEAR CITY OF OAK PARK HEIGHTS TAXPAYER, The purpose of this letter is to provide you a briefing on the City's proposed 2021 Budget,the anticipated Tax Levy and the Impact to your property taxes. The following are KEY POINTS: 1. THE CITY'S BUDGET AND TAX LEVY The Proposed Budget for 2021 is$6,107,322. This is a 5.23%increase or$303,802 over the 2020 Budget. This takes into account a concern of the basic operations of the City and the long-term financing of capital plans such as the Street Maintenance Program which seeks limited Street assessments compared to other cities. The revenue needed to support this budget has continued to shift to the tax levy(compared to other sources)for 2021. The Preliminary Tax Levy to fund the Preliminary Budget is�.This is an increase of from 2020 tax levy. The increase stems from the $303,802 increase in the budget and the offset of a reduction of revenues of $124,016,much of which was due to the fact that the 2020 budget utilized$100,000 of General Fund Balance(reserve) to reduce taxes. This is not being proposed in the 2021 budget. The following is a summary of the changes in the 2021 budget as compared to the 2020 Budget and the Proposed Tax Levy. 2021 TAX LEVY COMPONENTS 2020 2021 INCREASE DECREASE BUDGET % TOTAL BUDGET % TOTAL I % OPERATIONS PERSONNELCOSTS $ 2,136,275 34.98% $2,148,517 35.18% $ 12,242 0.57% CONTRACTUAL $ 1,216,650 19.92% $1,230,425 20.15% $ 13,775 1.13% SUPPLIES $ 117,170 1.92% $ 118,995 1.95% $ 1,825 1.56% INSURANCE $ 472,205 7.73% $ 521,800 8.54% $ 49,595 10.50% OTHER $ 292,585 4.79% $ 301,135 4.93% $ 8,550 2.92% CONTINGENCY $ 40,000 0.65% $ 40,000 0.65% $ - 0.00% TOTALOPERATIONS $ 4,274,885 70.00% $4,360,872 71.40% $ 85,987 2.01% DEBT $ 579,000 9.48% $ 579,000 9.48% $ - 0.00% CAPITAL IMPROVEMENTS $ 949,635 15.55% $1,167,450 19.12% $ 217,815 22.94% TOTAL CAPITAL EXPENSE $ 1,528,635 25.03% $1,746,450 28.60% $ 217,815 14.25% TOTAL EXPENDITURE BUDGET $ 5,803,520 95.03% $6,107,322 100.00% $ 303,802 5.23% CHANGE IN REVENUES USE OF FUND BALANCE-RESERVE $ 100,000 $ - $ (1001000) OTHER REVENUES $ 440,326 $ 416,310 $ (24,016) TOTAL CHANGES REVENUES $ 540,326 $$ 4 $$ (124.016) FOR TOTALTAX LEVY FOR BUDGET $ 5,263,194 VALUES FOR THE 2020 TAX LEVY 2. CITY PROPERTY VALUES (most current values available) Overall, 2020 values of Residential properties increased on average 1.1%,while Commercial property values increased 8%,primarily due to new construction.The Public Utilities(Xcel Energy)final property values remained the same as the prior year's values. Based on this preliminary information,the chart reflects the different percentage of the total taxes each type of property will pays. Increases in one I j type's values and decreases in the other types will shift more of the tax levy to the properties whose values were increased. For example, F every$100 of taxes collected at the City,$35 comes from Residences, �4 s $35 from Public Utility, $29 from Commercial, and $1 from Other (Personal Property). TURN OVER FOR MORE INFORMATION ON THE BACK Page 89 of 110 3. THE TNT NOTICES It is important to understand that the information reflected on your Truth in Taxation (TNT) notice is not reflective of the shift in property taxes as described previously. This is because the MN Department of Revenue(DOR)is responsible for the property valuations of the Public Utility Property.The timing of the data that the DOR provides to the City and County does not enable the county to adjust the values used on the calculation of taxes that are reflected on the TNT notice. In May 2020 the DOR supplied values for Xcel energy to Washington County to use for property tax calculations. These are Preliminary Values and subject to change. After receipt of an August petition from Xcel Energy to reduce their tax burden — shifting it to other property tax payers, the DOR negotiated a new value for Xcel Properties which is an estimated$20,740,100 reduction in the market value. This is a 8.0%decrease from the Preliminary Values given to the County in May. TNT notices are generated by Washington County which utilizes an immense amount of data subject to receipt deadlines. Due to DOR making reductions to the Xcel properties after the deadline needed by the County, Washington County was unable to change the information on the property tax calculations for the TNT notices. On the TNT notice the City's estimated tax rate will reflect an estimated tax rate of 48.8823, however the REAL rate, with the adjustment in values to the Xcel properties, is 50.8129. The following chart reflects what may be on your TNT notice,however the more accurate amount of your taxes is listed under column D. 2021 ESTIMATED TAX IMPACT FOR CHANGE IN XCEL VALUES A B C D E COUNTY UNADJUSTED CORRECT HOME CITY TAXES VALUES VALUES ACTUAL TAX VALUE 2020 ACTUAL 2021 TNT 2021 TNT INC OVER 2020 $ 110,000 $ 408.19 $ 404.04 $ 420.00 $ 11.81 $ 150,000 $ 624.78 $ 617.36 $ 641.74 $ 16.96 $ 250,000 $ 1,165.68 $ 1,150.01 $ 1,195.42 $ 29.74 $ 350,000 $ 1,708.23 $ 1,684.48 $ 1,751.01 $ 42.78 $ 4K000 $ 1,976.77 $ 1,949.23 $ 2,025.95 $ 49.18 These are estimates based on the information available at this time. The FINAL tax bill sent by the county for your 2021 taxes will calculate on the Correct Values including the reduction in Xcel Energy property values and the higher tax rate. The City is sending you this information as it has no other method to impact the timing of these figures and how they would be stated on your TNT notice. For additional budget information please check out www.citvofoakparkheiahts.com or call City Hall at 651-439-4439. Page 90 of 110 s� Oak Park Heights Request for Council Action Meeting Date September 22, 2020 Agenda Item Title Schedule Public Comment/Hearing meeting for Truth in Taxation Time Required 1Minutes Agenda Placement New Business Originating Department/Requestor_ Finance-Betty Caruso, Finance Director Requester's Signature 4-61117 - Action Requested: Set date and time for public comment/hearing for Truth in Taxation- December 8, 2020 at 6:00-p.m at City Hall 14168 Oak Park Blvd N Background/Justification (Please indicate any previous action, financial implications including budget information and recommendations). All counties, school districts, cities over 500 population, and metropolitan special taxing districts are required to hold a single meeting in which the public is allowed to speak and the budget and levy is discussed. This meeting may be a part of a regularly scheduled meeting. The hearing must be between November 25 and December 28 and be held after 6:00 PM. If a regular meeting is not scheduled then it will be necessary to schedule a special meeting for this purpose. The meeting date does not need to be coordinated with the home county auditor to avoid conflicting with meetings occurring in overlapping taxing authorities. At the meeting in which the proposed levy is adopted, the City is required to announce the meeting time and location of the subsequent meeting at which the budget and levy will be discussed and at which the public will be allowed to speak. The time and place of the meeting must also be included in the summary of proceedings published in the official newspaper. The City must also provide the county auditor with the time and place of the public hearing at the same time the proposed levy is certified. The budget and levy must be discussed and the final levy determined at the TNT hearing. Council may adopt a final budget at this meeting, but is not required to do so. There is one regularly scheduled meeting between November 25 and December 28. The regularly scheduled meeting date is December S.At prior city council meetings we have tentatively set the TNT hearing for December 8,2020. At the TNT hearing we should adopt the budget and levy. If you wish to have a separate date for the adoption of the budget and levy,you will need to schedule a special hearing date for the TNT hearing or a subsequent adoption hearing. Recommendation: Formally set the TNT Public Hearing for December 8, 2020, 6:00 p.m. at the City Hall location. Page 91 of 110 THIS PAGE INTENTIONALLY LEFT BLANK Page 92 of 110 Oak Park Heights Request for Council Action Meeting Date September 22,2020 Agenda Item Reschedule November 10, 2020 City Council Meeting for Canvassing Election Results Time Req. 5 Agenda Placement New Business Originating Department/Requestor Administration/Jennifer Pinski Requester's Signature nzzi- Action Requested Reschedule Meeting Date Background/Justification(Please indicate any previous action has been taken or if other public bodies have been advised). Subsequent to our last meeting, I received correspondence with Washington County that there will be further delay in processing absentee ballots for the General Election. They will not have results to me until noon on November 12. There are two options: You could either reschedule the November 10, 2020 City Council meeting to either November 12 or November 13; OR You could keep your regular meeting on November 10, 2020 but set a special meeting for canvassing results on either November 12 or November 13. By Statute, canvassing results does have to be completed by November 13. Page 93 of 110 Jennifer Pinski From: Nicole Freeman <Nicole.Freeman@co.washington.mn.us> Sent: Monday,August 31,2020 10:19 AM Cc: Judy Wertheimer Subject: Canvass Dates - November 12 & 13 Hello Clerks, Due to a consent decree that came out a lawsuit,we must accept absentee ballots that are postmarked by Election Day for seven days after Election Day.This has us accepting and counting ballots through Tuesday, November 10tH This means that we will not have abstracts prepared for you to canvass until the morning of November 12.We would encourage you to schedule your canvass after Noon on November 12tH or on November 13tH Again,you CANNOT canvass election results for the 2020 General Election until November 12th or 13th. Please let me know if you have any additional questions. Best, Nicole Freeman Elections Coordinator Washington County 1494962 nd St N,Stillwater, MN 55082 651-430-8271 1 Page 94 of 110 Oak Park Heights Request for Council Action Meeting Date September 22, 2020 Time Required: 5 Minutes Agenda Item Title: City Council Chambers –Digital &Remote Enhancements–CARES Act Funding Agenda Placement New Business Originating Department/Requestor: Eric Johnson, City Administrator Requester's Signature:_ 441— Action Requested _Discussion, Possible Action Background/Justification (Please indicate if any previous action has been taken or if other public bodies have advised): The City Council inquired about the necessary equipment and upgrades to the City Council Chambers to enable zoom/type remote meetings where there can be better interface between in- person participants and those who may be remote. In communicating with LOCAL CABLE ACCESS staff–Jordan Simpkins, he did secure the necessary quote and plan to bring this desire to fruition, it will also address some other upgrades that are necessary to move to digital broadcasting. The costs estimated are $ 36,851 – See the enclosed quote–(Jordan S. did seek two quotes). Staff would offer that the use of these funds would qualify under the CARES Act for eligible funding as it would enable remote meetings in response to COVID-19 and are not otherwise budgeted. Lastly,please see the enclosed breakdown of expenses (current and anticipated)for the City's allocation of$361,708 to date $238,200.22 has been allocated–not including this proposal. The City must encumber these funds in total by Nov. 15th, 2020. Page 95 of 110 A Valley Access Channels �-�-� 1492 Frontage Road West Stillwater, MN 55082 651 -430-2921 September 18, 2020 Oak Park Heights Audio Video Proposal 1. Advance Systems Integration (ASI) quote Includes most video and audio equipment plus ASI labor $30,572.28 2. VSA, Inc. quote Includes some equipment $5,380.00 3. ProPresenter 7 CG software Can only be purchased from Renewed Vision directly from website $399.00 4. Miscellaneous (cables, mounts, cable ties etc.) $500.00 5. Valley Access Channels labor to assist in removing and organizing old equipment, installing new equipment and testing everything Complimentary TOTAL : $365851.28 Page 96 of 110 Confidential Proposal ADVANCED SYSTEMS INTEGRATION CITY OF OAK PARK HEIGHTS - COUNCIL CHAMBERS SCOPE The Oak Park Heights City Council Chambers will have an audio/video upgrade to allow zoom meetings and HD technology. Video The Existing Data Video PTZ camera's will be reused but the cabling will be replaced with SDI.There will be 3 upgraded presentation HDMI inputs(2 for staff at the dais and 1 for the podium).The podium location will have the option for a laptop input or the owner provided document camera. "All existing analog video equipment will be removed and handed over to city for recycling.Client will be responsible for demo of the existing video equipment. All presentation and camera feeds will be sent to the Zoom Room PC in addition to the three existing Sharp 52" Displays.VAC TV will be responsible for installation&configuration of the Data Video equipment in the control room along with any camera controllers. ASI will get audio/video feeds to the production switcher.City IT staff will be responsible for configuration of the Windows PC.ASI recommends replacing the ceiling projector as it is not an HD device and is not included in this proposal.The video feed going to the projector will be down-converted into the analog VGA input. Audio The existing Biamp Nexia DSP's and Crown Amplifier will be removed and handed over to city for recycling.This equipment will be replaced with QSC Audio DSP,Amplifiers,and Touch Screen Controller.All existing ceiling mics and speakers will be reused.Audio from the presentation switcher will be heard in the room and sent to the Zoom PC. Control The QSC 8"Touch Screen will be used to control the following: • Audio Levels • Source Selection Video Routing The existing equipment racks will be simplified with all equipment split between the audio rack on the floor and the single video rack at the cablecaster location. CONTROL QTY DESCRIPTION PRICE PRICE EXT TOTAL 1 Cisco SG350-10MP-K9-NA Cisco SG350-IOMP 10-port Gigabit POE Managed Switch $452.88 $452.88 $452.88 RACK T r DESCRIPTION PRICE PRICE EXT TOTAL Equipment prices include any required accessories.Labor Version 1.1 prices include design,engineering,installation and programming. 1 Of 5 Page 97 of 110 Council Chambers Upgrade Confidential Proposal ADVANCED SYSTEMS INTEGRATION QTY DESCRIPTION PRICE PRICE EXT TOTAL Juice Goose RP100-15A 19" rackmount PDU with digital power meter(volts or amps)and two USB power ports.10 outlets,rotated and spaced for wall warts.20A 1 capacity. Reinforced Tour Class chassis. Includes 12 foot power cord.Spike and AC $293.26 $293.26 $293.26 noise suppression. 4 Middle Atlantic U1 1RU Rack Shelf $33.71 $134.84 $134.84 VIDEO QTY DESCRIPTION PRICE PRICE EXT TOTAL HP 7LJ67UT#ABA HP EliteDesk 800 G5 Desktop Computer-Core i7 i7-9700T-16 GB 2 RAM-512 GB SSD- Desktop Mini-Windows 10 Pro 64-bit-Intel UHD Graphics 630- $1,216.03 $2,432.06 $2,432.06 English Keyboard-Wireless LAN -Bluetooth 17-9700T 16GB 512GB SSD W10P64 2 Magewell USB Capture HDMI (Gen 2) USB 2.0/3.0 DONGLE,1-channel HDMI.Plug $335.96 $671.92 $671.92 and Play.Windows/Linux/Mac.Replaces p/n 32011(XIl00DUSBHDMI). 7 Crestron HD-TX-101-C-E DM Lite-HDMI over CATx Transmitter,Surface Mount $185.39 $1,297.73 $1,297.73 [Just Released(International orders may require up to 30 days)] 7 Crestron HD-RX-101-C-E DM Lite-HDMI over CATx Receiver,Surface Mount[Just $185.39 $1,297.73 $1,297.73 Released(International orders may require up to 30 days)] 1 Crestron HD-DA-2 1-to-2HDM1°Distribution Amplifier&Audio Converter $280.90 $280.90 $280.90 2 Osprey Video 97-41211 Osprey SHCSA-2 Scaling SDI to HDMI Converter with Frame $223.82 $447.64 $447.64 Rate and Audio Conversion Options 1 Osprey Video 97-42111 Osprey HSCSA-2 Scaling HDMI to SDI Converter with Frame $223.82 $223.82 $223.82 Rate and Audio Conversion Options 1 Kramer Electronics VS-211X 4K604:4:42x1 HDMI Switcher $296.63 $296.63 $296.63 1 Crestron HD-DA2-4KZ-E 1:2 HDMIO Distribution Amplifier w/4K60 4:4:4&HDR $224.72 $224.72 $224.72 Support 1 Extron Electronics 60-1495-21 8x8 4K/60 HDMI with 2 Audio Outputs $4,112.36 $4,112.36 $4,112.36 10 Liberty AV Solutions M2-HDSEM-M-06F 6' Liberty Reduced Profile HDMI Patching $9.11 $91.10 $91.10 Cables with High Retention Equipment prices include any required accessories.Labor Version 1.1 prices include design,engineering,installation and programming. 2 Of 5 Page 98 of 110 Council Chambers Upgrade Confidential Proposal ADVANCED SYSTEMS INTEGRATION QTY DESCRIPTION PRICE PRICE EXT TOTAL Kramer Electronics CPA-UAM/UAF-65 PLENUM CABLE USB 2.0"A" MALE/USB 2.0 1 "A" FEMALE 65ft. $73.03 $73.03 $73.03 1 LG Electronics 27BK40OH-B 27" LG MONITOR,1920X1080,TN,VGA HDMI,TILT, $169.00 $169.00 $169.00 FREESYNC HDCP1.4,VESA100, EPA 7.1 EPEAT GOLD 1 LG Electronics 24BK43OH-B 24" LG MONITOR,1920X108, IPS,VGA HDMI,TILT, $125.53 $125.53 $125.53 FREESYNC,VESA75 1 Crestron HD-SCALER-HD-E High-Definition Video Scaler,HDMI°In, HDMI Out $262.50 $262.50 $262.50 1 C2G CG40714 PRO HDMI TO VGA CONVERTER $64.99 $64.99 $64.99 AUDIO QTY DESCRIPTION PRICE PRICE EXT TOTAL QSC Q-SYS Core 110f Unified Core DSP.Core 110f has 241/0+USB,POTS and VolP simultaneously offering the best cost to 1/0 ratio in a single SKU,single chassis product available on the market.The Q-SYS Software platform is a true IT integrative solution that is free of the fixed hardware limitations seen in competing products. It 1 allows for greater functionality such as Layer 3 routing, LDAP contact server $2,247.19 $2,247.19 $2,247.19 integration,SNMP monitoring,and more. Built and owned by QSC from the ground up allowing for continued refinement,without any additional hardware.The suite includes next generation acoustic echo cancellation(AEC),multiple-instance SIP softphones,gain sharing and gating automixers. QSC 1/0-8 FLEX Q-SYS 1/0 peripheral providing 8 individual,software-switchable Q- SYS Flex Channels(Mic/Line IP with+48v or Line Level OP).8x8 GPIO,lx RS232 and 1 $1,179.78 $1,179.78 $1,179.78 Audio-to-USB Bridging via USB Device Port.Single cable deployments using PoE+ with an Auxiliary DC power input.All mounting hardware included. QSC MP-A40V 80OW FlexAmp technology Hi-Z/Lo-Z amplifier,4 x 20OW into 40, 1 80,70V and 100V, Highpass filter per channel,GPIO for Remote Standby and Amp $1,050.56 $1,050.56 $1,050.56 Status 1 QSC SL-QUD-110-P Q-SYS Core 110 UCI Deployment Software License,Perpetual $112.36 $112.36 $112.36 1 QSC SL-QSE-110-P Q-SYS Core 110 Scripting Engine Software License, Perpetual $224.72 $224.72 $224.72 1 QSC TSC-116tw-G2-BK 11.6"Touch Panel with Table Top mounting accessory $1,938.20 $1,938.20 $1,938.20 included. Equipment prices include any required accessories.Labor Version 1.1 prices include design,engineering,installation and programming. 3 Of 5 Page 99 of 110 Council Chambers Upgrade Confidential Proposal ADVANCED SYSTEMS INTEGRATION QTY DESCRIPTION PRICE EXT TOTAL 1 RDL TX-J2 Unbalanced Input Transformer $61.69 $61.69 $61.69 PARTS QTY DESCRIPTION PRICE PRICE EXT TOTAL 1 ASI Parts Installation Materials $257.39 $257.39 $257.39 EQUIPMENT TOTAL $20,024.53 LABOR TOTAL $9,978.75 CITY OF OAK PARK HEIGHTS-COUNCIL CHAMBERS TOTAL $30,003.28 Equipment prices include any required accessories.Labor Version 1.1 prices include design,engineering,installation and programming. 4 Of 5 Page 100 of 110 Council Chambers Upgrade Confidential Proposal ADVANCED SYSTEMS INTEGRATION ACCEPTANCE FINANCIAL PAYMENT SCHEDULE EQUIPMENT TOTAL $20,024.53 NET30 SHIPPING TOTAL $569.00 LABOR TOTAL $9,978.75 SUBTOTAL $30,572.28 TOTAL SALES TAX (TAX EXEMPT) $0.00 PROJECT TOTAL $30,572.28 Equipment prices include any required accessories.Labor 5 of 5 Version 1.1 September 18,2020 prices include design,engineering,installation and Page 101 of 110 programming. JL 6929 Seward Avenue CUSTOMER ACCOUNT NUMBER Lincoln, NE 68507 QUOTE NUMBER 09182020 Phone 1-916-899-2378 DATE September 18,2020 Fax 1-402-325-8033 EXPIRATION DATE Oct 18,2020 Email: alex@vsal.com TO: City of Oak Park Heights Jordan Simkins SALES REP QUOTE# SHIPPING CUSTOMER DELIVERY PAYMENT CONTACT METHOD PAYS SHIPPING DATE TERMS PERSON Alex Souza 09182020 FedEx Ground YES ASAP NET30 Jordan Simkins QTY ITEM# DESCRIPTION MANUFACTURER PRICE EXT PRICE 1 SE-2850-12 HD/SD 12-Channel Video Switcher Datavideo $4,500.00 $4,500.00 1 27BK40OH-B 27" 16:9 FreeSync LCD Monitor LG $170.00 $170.00 1 24LJ4540 24"HD LED TV LG $145.00 $145.00 1 24BK43OH-B 23.8" 16:9 IPS FreeSync Monitor LG $125.00 $125.00 1 393-110 Three Sided ON AIR light 110VAC Sandies $145.00 $145.00 1 AAA-04258 Microsoft Office 365 Home Premium(5 PC Microsoft $85.00 $85.00 or Mac Licenses) 1 MDR7506 Studio Headphones Sony $90.00 $90.00 Quote Prepared by: Alex Souza Please note this quote does not include any taxes that VSA may be obligated to charge. If you are a tax exempt entity,please be sure we have your exempt/resale certificate on file. SUBTOTAL $5,260.00 Without this,VSA will collect tax based on where the customer takes possession of the product. SHIPPING $120.00 All returns are subject to a restocking fee based on manufacturing restrictions. GRAND TOTAL $5,380.00 ALL SALES ARE FINAL ON AUDIO&VIDEO EQUIPMENT. VSA APPRECIATES YOU AND YOUR BUSINESS Page 102 of 110 PROPRESENTER 7 SEAT LICENSE ProPresenter ProPresenter $399.00 W771- Ready to buy? ANm Single Seat License„ Thinking about it? Views:21330 Description: Exclusive WorshipHouse Media Offer- Purchase ProPresenter from WorshipHouse Media and receive a FREE Media Bundle valued at over $600? Read More Page 103 of 110 a Q a � , V S� qq e•�i ai Z O 2 V V W ',, rJOQf W p hW O O V LL ❑ dC y} C �n ^� z w d � vs d W C a b a ry w W a R w V ei N J W 111 � p o6 d fA lw.! 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