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HomeMy WebLinkAbout09-14-2021 Council Packet CITY OF OAK PARK HEIGHTS CITY COUNCIL MEETING AGENDA TUESDAY, SEPTEMBER 14, 2021 AT 6:OOPM This meeting will be conducted in person at City Hall Council Chambers AND by video/telephone conference due to the ongoing COVID-19 health pandemic. The meeting will follow the provisions of Minnesota Statute § 13D.021. Members of the public may either attend the meeting in person at City Hall in the Council Chambers or may remotely listen to the meeting as provided in 13D.021, Subd. 3, subject to such person paying for any added cost incurred by the City as a result of the additional connection. The open meeting can be viewed remotely online at: https://us02web.zoom.us/j/4786278054 or by calling (312- 626-6799)and entering meeting ID 4786278054. Please contact the City at 651-439-4439 or jpinski@cityofoakparkheights.com in advance of September 14, 2021 if you have any questions about attendance or access. 6:00 p.m. L Call to Order/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 31, 2021 (pg. 5) C. Approve City Council Minutes—August 31, 2021 (pg. 7) D. Approve Summary for Publication of Ordinance 1117 Amendment(pg. 12) 6:10 p.m. V. Public Hearings 6:10 p.m. VI. Old Business 6:10 p.m. VII. New Business A. Adopt Resolution Approving 2022 Proposed Budget and Proposed Tax Levies (pg. 14) B. Schedule Public Comment/Hearing Meeting for Truth in Taxation (pg. 23) C. 2018 Comp Plan—Minor Revision—Annexation Area/Road Extension (pg. 24) D. Sidewalk Improvements to 58th Street(East of Osgood) (pg. 26) E. 2022—2024 Snow Plowing Agreement(pg. 28) F. WATE Enterprises—Planned Unit Development Amendment—5570 Memorial Ave. N. —Outdoor Storage (pg. 30) G. Approval of Consulting Agreement with Marie Ridgeway LIC SW LLC Therapy and Consulting Services (pg. 50) Pagel of 58 6:40 p.m. VIII. Other Council Items or Announcements 6:40 p.m. IX. Closed Session (closed pursuant to Minnesota Stat. 13.d.05) A. City Administrator Performance Review 7:00 p.m. X. Adj ournment Page 2 of 58 s Oak Park Heights Request for Council Action Meeting Date September 14, 2021 Agenda Item Recycling Award Time Req. 0 Agenda Placement Staff Reports Originating Department/Requestor Administration/Jennifer Pinski Requester's Signature Action Requested Receive Information Background/Justification (Please indicate any previous action has been taken or if other public bodies have been advised). See attached. Page 3 of 58 City of Oak Park Heights 14168 Oak Park Blvd,N.Oak Park Heights,MN 55482.Phone(651)439-4439•Fax(651)439-0574 August 26, 2021 Lisa Cox 5905 Odell Avenue N Oak Park Heights, MN 55082 Dear Lisa: 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 10, 2021, 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. Congratulation ! M Jennifer Pinski City Clerk TREE CITY U.S.A, Page 4 of 58 Oak Park Heights Request for Council Action Meeting Date September 14, 2021 Agenda Item Approve City Council Worksession Notes—August 31, 2021 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 5 of 58 CITY OF OAK PARK HEIGHTS CITY COUNCIL WORKSESSION NOTES TUESDAY,AUGUST 31, 2021 HELD AT CITY HALL AND VIA VIDEO CONFERENCE PER MN STAT. 13D.021 Present: Mayor McComber, Councilmembers Dougherty, Johnson and Runk; City Administrator Johnson, Finance Director Caruso,Police Chief Hansen,Assistant City Administrator Pinski, and Intern Katie Danielzuk. Absent: Councilmember Liljegren. 1. Call to Order: Mayor McComber called the meeting to order at 4:30 p.m. 2. 2022 Budget: Finance Director Caruso reviewed the general fund expenditure and revenue budget summary. City Administrator Johnson reported there would be a tipping fee increase that should be looked into to adjust the sanitation budget. Caruso reviewed the transfers. Mayor McComber suggested that if the City received the small cities funds, it should be added to the road fund instead of reducing the transfer. Councilmember Dougherty suggested increasing the non-business permit revenue to $65,000. Caruso reviewed the summary of changes to the budget and levy compared to 2021 and the tax impacts. Mayor McComber suggested sending a letter with the TNT notice. Caruso said she would present the budget at the September I4,2021 City Council meeting. She also reported that the City received an invoice from Tennis Sanitation for unpaid billable extras from residents. She asked the City Council whether they wanted to bill residents back. Mayor McComber suggested sending a letter to residents and let them know that if it was not paid, it would be assessed to taxes. No action taken. 3. County Abatement Update: City Administrator Johnson reported that the City Council had requested staff monitor for a tax abatement request. He reported that a submission was made by the City of Stillwater in August, and the County was starting to review the application.He said a workshop was held with the County Board, and they discussed possibly using ARPA funds for utilities and stormwater.Councilmember Johnson reported that the developer approached her and Councilmember Runk and was belligerent but later apologized. City Administrator Johnson said that if they were going to use ARPA funds,he would like to see a process. No action taken. 4. Reports from City Intern: a. Property Vacancy Report b. Sanitation Survey City Intern Katie Danielzuk gave a summary of the reports she prepared as part of her internship with the City of Oak Park Heights. No action taken. 5. Adjourn: The meeting was adjourned at 5:28 p.m. Page 6 of 58 Oak Park heights Request for Council Action Meeting Date September 14, 2021 Agenda Item Approve City Council Meeting Minutes—August 31, 2021 Time Req. 0 Agenda Placement Consent Originating Department/Requestor ministration/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 58 CITY OF OAK PARK E,EEG T S TUESDAY, AUGUST 31, 2021 CITY COUNCIL MEETING MINUTES HELD AT CITY HALL AND VIA VIDEO CONFERENCE PER MN STAT. 13D.021 I. Call to Order/Approval of Agenda: Mayor McComber called the meeting to order at 6:00 p.ni. Present: CounciImembers Dougherty, Johnson, and Runk. Staff present. City Administrator Johnson, Police Chief Hansen, Assistant City Administrator/City Clerk Pinski, Finance Director Caruso, City Attorney Kevin Sandstrom and City Engineer Mann. Absent: Councilmember Liljegren. Mayor McComber added "Approve Proclamation for September 17—23 as Constitution Week from St. Croix Valley Chapter of the Daughters of the American Revolution" to the Consent Agenda as Item L. Councilmember Runk, seconded by Councilmember Johnson, moved to approve the Agenda as amended. Roll call vote taken. Carried 4-0. IL Council/Staff Reports: A. Manor McComber: She reported she attended policy committee meetings with the League of Minnesota Cities. B. Councilmember Dou lg�erty: He reported he attended the Cable Commission meeting on August 23. C. Councilmember Johnson: She reported she attended the Parks and Trails Commission meeting, the Improving Service Delivery policy committee meeting, and the Washington County Board Workshop. D. Councilmember Liljegren: Absent E. Councilnnember Runk: He reported he attended the Middle St. Croix Watershed District meeting, and Baytown had requested the MSCWMO get involved in the stormwater issue, but they did not want to get involved. F. Staff: Assistant City Administrator/City Clerk Pinski reported that Randy Thoreson of 14436 Upper 561' Street North and Bruce Clark of 5525 Oldfield Avenue North were chosen as the recycling award winners for the month of August. III. Visitors/Public Comment: A. Request for Appearance from School S11erintendent M. Landsfeldt: Superintendent Landsfeldt reported on the referendum on November 2 with two questions: a replacement levy and a technology levy. Page 8 of 58 City Council Meeting Minutes August 31,2021 Page 2 of 4 Councilnnenlber Runk asked for an update on the City's proposal. Landsfeldt responded that the School Board was currently reviewing it, and she hoped to have an update by the end of September. IV. Consent Agenda: A. Approve Bills & Investments B. Approve City Council Worksession Notes—July 21, 2021 C. Approve City Council Minutes—July 21, 2021 D. Set Public Hearing for Increase in On-Sale Liquor, On-Sale 3.2, Off-Sale 3.2, and Wine License Fees for October 12, 2021 E. Authorize Staff to Contract with RCM for Trail Patching F. Authorize Staff to Purchase and Install Toddler Swing Set at Cover Park G. Approve Replacement of Police Dept Issued Handguns H. Approve Civic Systems Proposal for Software Upgrade and Conversion I. Approve Pay Request ##1 —Lookout Trail Improvements J. Approve Change Order#I --Lookout Trail Improvements K. Approve Resolution Accepting Donations for National Night Out Events L. Approve Proclamation for September 17—23 as Constitution Week from St. Croix Valley Chapter of the Daughters of the American Revolution Councilmember Runk, seconded by Councilmember Dougherty,moved to approve the Consent Agenda. Roll call vote taken. Carried 4-0. V. Public Hearings: None VI. Old Business: A. Discuss City Administrator Review Process: City Attorney Sandstrom provided a summary of format changes. Councilmember Johnson, seconded by Councilmember Dougherty, moved to approve the new form and have the review at the first meeting in September. Carried 4-0. B. Discuss Options for Council Goalsetting and Teambuilding_Session: Mayor McComber reported she spoke with Pam Whitmore who said she was still covered under the LMC contract to facilitate sessions. She said a new person was being hired at LMC and would be assigned to Oak Park Heights. She said the City's options could be to work with Ms. Whitmore, wait for the new hire at LMC, or do an RFQ for another facilitator. Councilmember Dougherty recommended waiting until the new person was hired. McComber said she would get dates and discuss at the next City Council meeting. VII. New Business: A. Discuss Possible Updates to COVID-19 Procedures for City Hall and Public Meetings: Mayor McComber suggested a posting at City Hall and other City buildings that masks were recommended. Councilmember Page 9 of 58 City Council Meeting Minutes August 31, 2021 Page 3 of Dougherty suggested masks be available to the public at City Hall. Councilmember Johnson suggested waiting to see what was happening with the pandemic before making any changes to meeting format. B. No Parking Area— Olene Ave. N.: Councilmember Dougherty, seconded by Councilmember Johnson, moved to approve the Amendment. Roll call vote taken. Carried 4-0. C. NorelI Ave— Backage Road— Plans Update: Kevin Hoglund from Stantec was present at the meeting and reported that a public meeting was held and the concept was updated as a result of comments. He presented the updated concept to the City Council. Councilmember Runk suggested a `No Outlet' sign at a minimum to prevent traffic from heading down 60t1' Street where it ended. Councilmember Dougherty, seconded by Councilmember Johnson,moved to set a hybrid neighborhood meeting for October 12 at 5:00 p.m. Carried 4-0. VIII. Other Council Items or Announcements: None IX. Closed Session (closed pursuant to MN Stat. 13D.05, Subd. 3(c)(3)) City Attorney Sandstrom reported that the City Council would go into a Closed Session to discuss potential litigation against Paul Sinz regarding damage to City trees and to discuss an update on the Qui Tam lawsuit filed by Steven Kleiber regarding the police vehicle contract. Councilmember Runk, seconded by Councilmember Johnson,moved to adjourn to the Closed Session at 6:48 p.m. Carried 4-0. Mayor McComber called the meeting back into open session at 7:04 p.m. A. Discuss Potential Litigationgainst Paul A. Sinz Regarding Damage to City Trees on Lookout Trail: City Attorney Sandstrom reported that the City Council directed him to communicate that the party had 30 days to respond to the settlement demand otherwise the City would commence litigation. B. Qui Tam Class Action by Steven Kleiber Regarding Police Vehicle Contract: City Attorney Sandstrom reported that a settlement was reached in the Kleiber vs. Nelson Auto Center Qui Tam case that would result in a net settlement of$316.12 to the City of Oak Park Heights. Councilmember Runk, seconded by Councilmember Johnson moved to accept the settlement. Carried 4-0. Page 10 of 58 City Council Meeting Minutes August 31, 2021 Page 4 of 4 X. Adiourn: Councilmember Runk, seconded by Councilmember Dougherty, moved to adjourn at 7:06 p.m. Carried 4-0. Respectfully submitted, Approved as to Content and Form, Jennifer Pinski Mary McComber City Clerk Mayor Page 11 of 58 �p Oak Park Heights Request for Council Action Meeting Date September 14, 2021 Agenda Item Approve Summary for Publication of Ordinance 1117 Amendment Time Red. 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 12 of 58 CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY,MINNESOTA ORDINANCE NO. 2021-1117-04 AN ORDINANCE AMENDING CHAPTER 1117 CODE OF ORDINANCES OF TH E CITY OF OAK PARK HEIGHTS THE CITY COUNCIL OF THE CITY OF OAK PARK HEIGHTS, WASHINGTON COUNTY, MINNESOTA, DOES ORDAIN AS FOLLOWS: Section 1. Section 1117.02 of Ordinance 1117 of the Code of Ordinances of the City of Oak Park Heights is hereby amended to add Section L as follows: L. East side of Olene Avenue North between 60'' Street North (Frontage Road) and the northern boundary line of 59h Street North. One parking space shall be identified and preserved by the City to accommodate for a single vehicle, 10 minutes parking zone. Section 2. Effective Date: This ordinance becomes effective on the date of its passage and publication as required by law. Passed and adopted by the City Council of the City of Oak Park Heights, Washington County, Minnesota, on this 14' day of September, 2021. CITY OF OAK PARK HEIGHTS Mary McComber, Mayor Attest: Eric A. Johnson, City Administrator 1 Page 13 of 58 Oak Park Heights Request for Council Action Meeting Date September 14, 2021 Agenda Item Title Adopt Resolution Approving 2022 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— .LW , Action Requested: Adopt Resolut on to Approve 2022 General Fund Proposed Budget and Proposed General Fund Tax Lew. 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 2022 Budget and Tax Levy is as follows: 2022 BUDGET • 2022 General Fund Budget Expenditures as Proposed is$6,499,473. 2022 General Fund Budgeted Expenditures increased by$382,891 or 6.25%over 2020. (See Summary) a $ 250,691 or 4.52%is due to an increase in Operations • $ 131,600 increase in capital improvement budgets a 11.27%inc. • $ (0)change in Debt portion of the levy. 2022 General Fund Budget Revenue other than taxes,decreased by$38,930 compared to 2021 Budget. (See Summary) TAX LEVY The proposed tax levy for the City is$6,034,373 for the General Levy. The Proposed Levy is increased by $343,361 more than the 2021 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 I M PACTS The Tax Rate for 2021 and estimated 2022 is 50.838%and 51.573%respectively. A 1.4%increase.The average market value increase in residential property for tax year 2022 is 3.2%. The estimated increase in residential property taxes from 2021 to 2022 is 5.2%. (Continued) Page 14 of 58 RESOLUTION #21-09- CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA A RESOLUTION APPROVING THE 2022 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 2022; 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 2022 proposed budget is hereby approved as presented by City Administration in the total General Fund amount of $6,499,473 . 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 2022 in the amount of $6, 034, 373 . Passed by the City Council for the City of Oak Park Heights this 14th day of September 2021 . 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Q Ln I- hd 0- LU ~ H F- 4 LUC7 D. a a O m Page 17 of 58 9/9/2021 2022 PRELIMINARY BUDGET AND RELATED TAX LEVY SEPTEMBER 14, 2021 GENERAL FUND BUDGET 2071 2022 INCREASE(DECREASE) BUDGET BUDGET %OF TOTAL $ % OPERATIONS PERSONNELCOSTS $2,164,877 $2,297,623 35.35% $ 132,746 6.13% CONTRACTUAL $1,475,425 $1,549,960 23.85% $ 74,535 5.05% SUPPLIES $ 127,995 $ 137,475 2.12% $ 9,480 7.41% INSURANCE $ 515,800 $ 518,950 7.98% $ 3,150 0.61% OTHER MEMBERSHIPS SUBSRIPfIONS CONTINGENCY $ 86,635 $ 117,415 1.81% $ 30,780 35.53% TOTALOPERATIONS $4,370,732 $4,621,423 71.10% 250,691 5.74% TRANSFERS DEBT $ 579,000 $ 579,000 8.91% $ - 0.00% CAPITAL IMPROVEMENTS $1,167,450 $1,299,050 19.99% $ 131,600 11.27% TOTALTRANSFERS $1,746,450 $1,878,050 28.90% $ 131,600 7.01% TOTAL BU DG ET $6,317,182 $6,499,473 100.00% S 382,291 6.25% Page 18 of 58 1 9/9/2021 INCREASE(DECREASE 2021 2022 FROM 2021 BUDGET BUDGET PRELIMINARY , % TAXES-LEVY $5,691,012 $6,034,373 $ 343,361 6.03% TAXES-OTHER $ 65,500 $ 66,000 $ 500 0.76%, BUSINESS LICENSES-PERMITS $ 44,860 $ 38,650 $ (6,210) -13.84% NONBUSI NESS LICENSES-PERMITS $ 45,000 $ 65,000 $ 20,000 44.44% FINES&FORFEITS $ 45,000 $ 35,000 $ (10,000) -22.22% INTERGOVERNMENTAL REVENUES $ 110,600 $ 124,500 $ 13,900 12.57% CHARGES FOR SERVICES $ 34,850 $ 26,850 $ (8,000) -22.969,o MISC. REVENUES $ 74,100 $ 109,100 $ 35,000 47.23% FUND BALANCE $ 6,260 $ - $ (6,260) -100.00% TOTAL GENERAL FUND REVENUE $6,117,292 S6,499,473 $ 382;291 6.25% 2022 PROPOSED 51 YFAR TAX li.vvDebt Total $Inc(Dec) %Inc(Dec} General Service Property from from Year Tax Lew Lev Tax Lew Prior Year Pior Year 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% 2022 $5,455,373 $ 579;000 $ 6,034,373 $ 343,361 6.03% Page 19 of 58 2 9/9/2021 ESTIMATED CITY TAXES HOME VALUE 121 ACTUAL 2022 ESTIMATE �47,6 200,000 884.60 300,000 400,000 I 98.02 \\ MEDIANRESIDENTIAL TAXINCREASE TAX RATE TAX 1HOME 1 1' 111 1 50-031 1 1 111 2020 1 1 111 2021 50,838252,000 1 .1 250,000 SYR -2-RRq 4 16S 39,000 TAS IMPACTS - RESIiDENTIAL PROPERTY TAS RAT�� AN C� VALLI E� • TNT Notice will use property values overstated for the Public Utility due to timin Df DOR _ __ _. valuations. DOR fina[ixes iQl1/Zt) 1LUES FOR • Tax Levy is spread Dver the property value to determine a tax rate which dekermines the taxes alr:nttnet on the TNT notice. ix • Overstated value = understated tax rate Puhlie tlkility Residential 34%. Property 35% TNT nDtiCe Wl[[ u5e an estlrnated tax rate Df Comroerrial 5 got actual estimated rate 5i,573 Property • TNT notice will refkeGt �.�� decrease in taxes 3°'� Page while actual is 5.2% increase 20 of 58 3 9/30/21 Italics are subject to change when information becomes available DEAR CITY OF OAK PARK HEIGHTS TAXPAYER, The purpose of this letter is to provide you a briefing on the City's proposed 2022 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 2022 is $6,499,473. This is a 6.25% increase or $382,291 over the 2021 Budget. The 2022 Budget includes the basic operations of the City and the long-term financing of capital plans such as the Street Maintenance Program, Vehicle and Equipment Replacement and Parks and Trail Improvements.Annual funding of the capital programs permits the purchase of large capital improvements without the issuance of debt. This saves a significant amount of money that would be spent on bonding costs and interest. The Tax Levy support 93% of the 2022 Budget. The Preliminary Tax Levy to fund the Budget is $6,034,373. This is an increase of$343,361, or 6.03% compared to 2021 Tax Levy.. The Tax Levy is comprised of the$382,291 increase in the budgeted expenditures and offset by an increase in other revenues of$45,190. Other revenues consisting of building permits, licensees, intergovernmental revenues, and charges for services. The following is a summary of the changes in the 2022 budget as compared to the 2021 Budget and the Proposed Tax Levy. 2022 TAX LEVY COMPONENTS 2021 2022 INCREASE(DECREASE) NUDGQ %OgTOTAL @lJQQ %OFTOTAL 1 2fi OPERATIONS PERSONNELCOSTS $ 2,164,877 35.39% $ 2,297,623 35.35% $ 132,746 6.13% CONTRACTUAL 1,475,425 24.12% 1,549,960 23.85% 74,535 5.05% SUPPLIES 127,995 2.09% 137,475 2.12% 9,480 7.41% INSURANCE 515,800 8-43% 518,950 7.98% 3,150 0.61% OTHER 46,635 0.76% 57,415 0.88% 10,780 23.12% CONTINGENCY 40,000 0.65% 60,000 0.92% 20,000 50.00% TOTALOPERATIONS $ 4,370,732 71.45% $4,621,423 71.10% $$ 2 5.74% DEBT $ 579,000 9.47% $ 579,000 8.91% $ - 0.00 CAPITAL IMPROVEMENTS 1,167,450 19.08% 1,299,050 19.99% 131,600 11.27% TOTAL CAPITAL EXPENSES $ 1,746,450 28.55% $ 1,878,050 28.90% $ 131,600 7.54% TOTAL EXPENDITURE BUDGET $ 6,117,182 100.00% $6/199,473 100.00% $ 382,291 6.25% CHANGE IN REVENUES USE OF FUND BALANCE-RESERVE $ 6,260 $ - $ (6,260) -100.00% OTHER REVENUES 419,910 465,100 45,190 10.76% TOTAL CHANGES IN REVENUES $ 426,170 $ 465,100 $ 38,930 9.13% TOTAL TAX LEVY FOR BUDGET $ 56691,012 $6,034,373 L=113 =1361 6.03% 2. CITY PROPERTY VALUES The city has basically 3 types of property that contribute to the City's VALUES FOR THE 2021 TAX LEVY tax base. The county's estimated tax value for all of the properties is (most current values available) $11,420,760, a 7.4% increase over 2021 tax values. Overall, 2022 values of Residential properties increased on average 3.2%, while Commercial property values increased 8% the Public Utilities (Xcel Public wifity Residential Energy) property values are estimated to have increased 10%. The 34% Propertv chart reflects the different percentage of the total taxes each type of 351/ property will pay. For example, every $100 of taxes collected at the City, $35 comes from Residences, $34 from Public Utility, $30 from Commercial Commercial, and $1 from Other (Personal Property). Increases in one type's values and decreases in the other types will shift more of the tax levy to the properties whose values were increased. TURN OVER FOR MORE INFORMATION ON THE BACK Page 21 of 58 3. THE TNT NOTICES It is important to understand that the information reflected on your Truth in Taxation (TNT) notice is not is not reflective of the shift in property taxes as described previously nor reflective of a correct estimated City Tax . 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 an 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 50.081, however the REAL rate, with the adjustment in values to the Xcel properties, is 51.573. The following chart reflects what may be on your TNT notice, however the more accurate amount of your taxes is listed under column D. 2022 ESTIMATED TAX IMPACT FOR CHANGE IN XCEL VALUES A C P 2022 CITY TAXES-BASED ON: HOME CITY TAXES COUNTY UNADJUSTED VALUES CORRECT VALUES ACTUAL 2022 TAX VALUE 2020 ACTUAL 2022 TNT 2022 TNT S/B INC OVER 2021 $ 200,000 $ 884.60 $ 905.29 $ 932.24 $ 47.64 $ 250,000 $ 1,152.80 $ 1,177.95 $ 1,213.03 $ 60.23 $ 300,000 $ 1,421.56 $ 1,451.18 $ 1,494.40 $ 72.84 $ 320,000 $ 1,521.85 $ 1,553.15 $ 1,599.40 $ 7755 $ 400,000 $ 1,958.51 $ 1,997.06 $ 2,056.53 $ 98.02 These are estimates based on the information available at this time. The FINAL tax bill sent by the county for your 2022 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.citvofoakparkheights.com or call City Hall at 651-439-4439. TURN OVER FOR MORE INFORMATION ON THE BACK Page 22 of 58 Oak Park Heights Request for Council Action Meeting Date September 14, 2021 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 Action Requested: Set date and time for public comment/hearing for 2022 Truth in Taxation- December 14, 2021 at 6:00p.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 preliminary 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 14. At prior city council meetings we have tentatively set the TNT hearing for December 14, 2021. 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 14, 2021, 6:00 p.m. at the City Hall Ick 199of58 Oak Park Heights Request for Council Action Meeting Date: September 14t' 2021 Time Required: 5 minutes Agenda Item Title: 2018 Comp Plan—Minor Revision—Annexation Area/Road Extension 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): Please see the attached memo. Page 24 of 58 ■ City of Oak Park Heights 14168 Oak Park Blvd. N•Oak Park Heights,MN 55082•Phone(651)439-4439•Fax(651)439-0574 9-10-21 MEMO TO: Mayor and City Council Members FROM: Eric Johnson, City Administrator RE: 2018 Comp Plan—Minor Revision—Annexation Area/ Road Extension The City's 2018 Comprehensive Plan (the Plan) illustrates a "Possible Road Connection" from the Memorial Ave. area to some point of connection to the west. This matter has been discussed by many entities for decades and certainly was part of a conceptual annexation area over such timeline. Moreover, the City— like all entities bound by statute to submit a Plan, is obliged to make such note in its 2018 submission to the MET COUNCIL about its transportation systems—despite the realities that has been not much more than vague discussion. These points stated please note the following: • Unfortunately, this MAP is being mis-interpreted by outside parties that the City supports a particular extension—such as the County's recent concepts. Staff knows this to be a false conclusion by such entities and has expressed that. • Secondly, the City's 2018 Plan only contextualizes this "possible extension"from perspective that the City may consider this as part of a "future annexation" and not that it is driven by outside parties. See Figure 2 below. In discussing this matter with the City's MET COUNCIL staff rep... a simple or minor amendment with a public hearing by the Planning Commission and final City Council Resolution finding provided to the MET COUNCIL could be provided to deal with this issue. Please note the 2018 Plan generally predated the shifting of much of this land to Stillwater and so possible annexations would appear unlikely. Accordingly, in order to avoid any further confusion or misinterpretation by outside entities; Staff does recommend that this imagery representation and related discussion be deleted to prevent any other misunderstandings of what the City's expectations are to prevent outside parties from trying to define this for the City for their own purposes.This action would not bind the City to never embracing such concept, rather would prevent false narratives from continuing. Short of this action, staff will need to continue to clarify what is shown, but which has not been listened to.. These Figures (1&2) are excerpts from the City's Comprehensive Plan - see Figure 1-See Page 102 noted pages SrILL k7Eb SYSTEM IMPROVEMENTS f EXTENSIONS ,.4_ , - l t.. � „� �,� '� � Figure 2 See Page 108 a i7 7 a The Land Use Plan indicates possible annexation of the area south of Highway 36 at f _ -17 Manning Avenue. If the annexation occurs,the City would consider the extension of 58th Street to Manning to complete this easthvest corridor. The extension would also include � 0• bicycle and pedestrian trails to Manning. Acquisition of right-of-way as part of _ development within the existing City limits at will be necessary for future completion of this corridor. - r o 58Ch Street _ _...77.._.._ ... Page 25 of 58 Oak Park Heights Request for Council Action Meeting Date Sept. 14t',2021 Time Required: 3 Minutes Agenda Item Title: Sidewalk Improvements to 58a' Street(East of Osgood) Agenda Placement New Business Originating Department/^�Requestor: Carly Johnson, Council Member(,DJz Requester's Signature: L4,- Action Requested: Sidewalk Improvements to 58' Street(East of Osgood) Background/Justification(Please indicate if any previous action has been taken or if other public bodies have advised): The trail on 58'Street east of Osgood Ave. needs improvements. Currently, the trail is non-continguous down the street,with mailboxes blocking part of the trail,and weeds have taken over patches of the sidewalk.The sidewalk also lacks curb cuts and is very narrow in parts,which makes it unusable for disabled individuals. The trail is an important connection from Oak Park Crossing Park and the neighborhoods. There are always individuals walking in that area, many parents with young children that may also benefit from being off the road. The scope would be to improve the sidewalk on 58' Street (east of Osgood Ave.) to the trailhead on Ozark Ave. making the connection to the Oak Park Crossing Access to the east See Map-Approximate. I would like the Council to consider authorizing staff to seek from the City Engineer a Project Proposal and cost estimate for this project for a 2022 effort. Note: The City did not receive any responses to its RFQ for the two roadway crossings on Norwich and Nova Scotia Ave. These or possibly both of the concepts could be possible alternates with the 2022 Norell Ave.Project? 14843 50- 14849`14847 15 21 .0 14725- _ 498 14733 5997 0 i 5988 59955920 4 .59'2 z 5850 5910 _..... 15125 5900 5902 N N Nory`r's8S2 Oak Park Install NEW Crossing Par* sidewalk 5808 sssa seas 1461C-1 sao '14948-1 ] 1as71 1ass1 1a-, I1 5ZS LINK TO existing . ..Sf31 � ��,„� � 1.. g4��5 Oak Park Crossina 711 5696 n --- 482 14860 14870 14880 1489© 1f 4g33 57 5 5M St 14933 1 Trail 5691 M Replace 1 UPDATE $ 8r�f9rs' 'I 5675 5676' Current SIDEWALK w' k AREA 5fi48 U. �i "'�'\.' ..✓y8S9 5646 ,56g5 5642 h 56321 h L a �a Bp _ 5633 m n S pb� n '• 's S152627 5624 Walley age 26 of 58 These photos illustrate plant overgrowth in parts of the sidewalk, how cracked the sidewalk is, and how narrow the trail is. Image 1 and 2 illustrate that the trail is non-contiguous from Osgood to the Oak Park Crossing trail and image 3 highlights the lack of curb cuts. pop 1l1 �I �I r f Z 1 f i � k v v: ti- 1. f y v Page 27 of 58 7 Oak Park Heights Request for Council Action Meeting Date: September 14th, 2021 Time Required: 5 minutes Agenda Item Title: 2022-2024 Snow Plowing Agreement Agenda Placement: New Business Originating Department/Requestor Eric Johnson, City Administrator Requester's Signature Action Requested Consider Snow Plowing Agreement 2022 —2024 —final extension Background/Justification (Please indicate if any previous action has been taken or if other public bodies have advised): Enclosed is the existing Raleigh Trucking Agreement for snow removal services through April 2022. The City entered into this extension earlier this year—via the execution of Amendment#1 —on or about Feb 17th, 2021. See attached page. The City may however consider a further extension—at its sole discretion—through April 2024 —two additional plowing seasons. However, to enable this extension though April 2024 the City must provide written notice of such extension to Raleigh by December 31st, 2021. 2. The City at its sole discretion may further extend the Agreement to April 30",2024 by giving written notice of such extension to the Contractor not later than December 31st,2021.Any extensions exercised by the City shall include all terms and conditions of the April 2018 Agreement and any provisions outlined in the Amendment#1. As a reminder, while there are no operational amendments or changes to the terms or rates; the document clarifies that all equipment shall remain in the ownership of M.J. Raleigh Trucking and/or Mike Raleigh. Staff has communicated with Raleigh that the City's contract remains with their firm and which must remain intact and operational to fulfill the terms of the Agreement. The alternatives are to bring these services in-house, but which was estimated to significantly increase the City's costs and require additional truck& salt storage facilities. Or, seek a new provider via an RFP/Q process. Such an RFP/Q process would be complicated and would not necessarily result in an equal or better provider and/or less expensive. Staff would recommend that the City Council approve this extension through April 2024 as it would be expected to continue the consistent services and relationship the City has had with Raleigh and provide some assurance for the future and with a known annual rate adjustment of 2.5%. Certainly, there can be some operational challenges each season, but all have been reasonably manageable or comparatively minor. Page 28 of 58 AMENDMENT 41 TO THE AGREEMENT FOR ROADWAY SNOW REMOVAL AND SANDING NG Ritcigh'I rucking;, Inc, and the City of Oak.Park Ileights maintain an AGREEMENT FOR ROADWAY SNOT+•'RF'47L}VAI,A\!I)SANDINIG and the parties dcsire to enter into an Aniendineni, Accordingly,the terms and conditions of the AGREEMENT FOR ROADWAY SNOW RI-MC)VAL, MVD SANDING (Signed April 201 9)are revised and/or clarified to include- 1. nclude1• 7''rr Agreement Term i�vxtclided to April 30'h,2(1''•2. 2. Thu ( il,, at its scale dk�,rction may further eklL-114. !hc 'LL:!cmc'irt to A1-ril 3107'_ 2024 by giving ���rirlvri iiouc oi'su; II E%tL: '�;L r.to the Contractor not later than December 31st. _'iP 1.Any extensions the Cirti �Lil." i,T i;:cfc all terms and conditions of the April 2019 A rccment and any priitil.til�,`.;ly JLJtI:['tiCi Ir:1l7�r r'�Ii7�let1173CrYt�I. ?. 1ni,r]2l 4h:ell rnrtinoc to follow the prior year(q) i.[;i<<;r:nt nt4- .c •� c. 10, of tile Agreement. 4. All sJ'UU'f_Wd Irl".jir,i:41::. i,.—•; and all rch:L,l to complete the I'Cr.I-nr'�7u•n^.n ��1 the •lura :7-,:n- ,. ._. I rti;:udin ir,rh,• or.nt >::.i1� ;rnJ oPQI-011 0;)ul dl-d crritrol OJ 1M. I, i 11L'i,h I suc},iny.. I:rr i:rJ .''.':c: I{:jI-i 17 .:• l'_x- Fui!,H L, COM-)k r.ilh Ilij. Iri;:.vision shall reti.:lt �:, :� cr,ntition pf ,1,::: .i utl :rt.i it .:cri, 7 la; of'tlic :��:r crncn_ a:iil �reti nlatr:d darnages. Agreed Upon by the Parties Below: 1N'WITNESS WH>~ROF,the parties have set forth their hands and seals this day[7t _,20'_1. CONTRACt'OR r,. J. 941-1:1GH TRUCKING,Inc- Mr-Mike Ela! - I]:�rc F �•r V v Notary for C'ontractor's Signature:__ r: }R 5EIGER S NOTARY PURL: 411�VE4 TF F' f t X7':111! I I '.Itc'! --. _ NOYCQM;S Lr Etpll sJal.31 20e CITY7, OAK PKn HEFTS 131 J 1 MarycC er- yar Dat By: Eric Jo son,t(ity Administrate to 1, Nater;?City Signature(s): FAAnY 4EiCER AF I STAMP HERD 3 ; rrr r 3LIf -P ;EsoTA Ettun Jan 39.223 Page 29 of 58 Oak Park Heights Request for Council Action Meeting Date September 14th, 2021 Time Required: 5 Minutes Agenda Item Title: WATE Enterprises -Planned Unit Development Amendment- 5570 Memorial Ave. N. - OUTDOOR STORAGE 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): Please see the attached from Scott Richards, City Planner 1. Planning Report—Dated August 31 st 2021 2. Approved Planning Commission Resolution—Unsigned 3. Proposed City Council Resolution. Page 30 of 58 3601 Thurston Avenue N, Suite 100 Anoka, MN 55303 T� Phone: 763.231.5840 Facsimile: 763.427.0520 PCTPCO Plan n i ngCo.corn PLANNING REPORT TO: Eric Johnson FROM: Scott Richards DATE: August 31, 2021 RE: Oak Park Heights WATE Enterprises, Inc. — Planned Unit Development Amendment/Conditional Use Permit Review 5570 Memorial Avenue North TPC FILE: 236.02 — 21.07 BACKGROUND Will Zintl, representing WATE Enterprises, Inc. has made application for a Planned Unit Development (PUD) Amendment and Conditional Use Permit (CUP) review to allow the use of a lot for outdoor storage at 5570 Memorial Avenue North. A PUD/CUP is required in that a storage area with fencing is being proposed for the property. The site has been vacant and WATE Enterprises, Inc has been using it for temporary storage. The property is zoned B-3 Highway Business District with a PUD that was approved to allow joint access and parking for a coordinated development plan for the business development. This property received PUD approval in 2006 for two warehouse buildings and a cold storage building. The PUD was amended in 2008 to allow for a two-story office and warehouse building as well as a cold storage building. In that the property was not developed, the PUD approvals for the warehouse, office and cold storage buildings were allowed to expire although the site is part of the overall PUD. EXHIBITS The review is based upon the following submittals: Exhibit 1: Project Narrative Exhibit 2: Site Plan (A100) Exhibit 3: Photometric Plan (PH-1) Exhibit 4: Light Fixture Specifications Exhibit 5: Site Pictures Page 31 of 58 PROJECT DESCRIPTION The Applicant has provided the following project narrative; Hi, my name is Will Zintl. My wife Ann and 1 own W.A.T.E. ENTERPRISES, INC., and ZINTL INC. We currently own a vacant lot at 5570 Memorial Avenue North, Oak Park Heights, MN 55082. On the vacant lot we are planning to fence in the area for outdoor storage towards the middle/back of the lot Our plan is to do phase 1 for now and see how our outdoor storage needs are needed. If we need additional outdoor storage space, then we would move forward on to phase 2. if our business continues to grow our plan down the road is to build a new office/warehouse in front of the new fenced in area of the outdoor storage area. ISSUES ANALYSIS Comprehensive Plan. The property is designated as Highway Business Warehouse on the Proposed Land Use Map. The continued use of the site for business, warehouse and manufacturing use is consistent with the Comprehensive Plan. Zoning. The property is zoned B-3 Highway Business and Warehousing District. The WINNPARK Business Center was approved as a PUD to allow multiple commercial buildings within the development with shared access and parking. Within the B-3 District, open and outdoor storage areas including the parking of commercial vehicles in excess of that allowed as a permitted accessory use, is a conditional use. The expansion of the business at 5650 Memorial Avenue North and the ongoing storage needs of the company necessitate the storage area. The Applicant has indicated that construction equipment, building materials and finished exterior panels ready for delivery will be stored on the subject site. As part of the B-3 District requirements, the storage area will need to be screened. Section 401.300.E. of the B-3 District lists the conditions for consideration of outdoor storage. The criteria are reviewed later in this report. Setbacks. The Zoning Ordinance specifies a 10-foot setback for storage areas, driveways, and parking. The phase 1 and phase 2 storage areas are setback from the south property line 10 feet. A setback is not required to the north in that the property adjoins the business center. Phase 2 is adequately setback from the rear property line and will not impact the existing slope and trees. Impervious Surface Coverage. The B-3 District limits the site to 80 percent impervious surface coverage. The site plan indicates the proposed impervious surface calculations. Phase 1 is proposed with six inches of Class 5 gravel resulting in an impervious surface coverage of 26 percent. Phase 2 will also be Class 5 gravel and add another 22 percent of impervious for a total of 48 percent coverage. The Applicant has indicated that with development of the front of the site with a building, the storage areas would then be curbed and paved. The Planning Commission should discuss 2 Page 32 of 58 whether to allow the temporary surface now without curbing or require the pavement and curbing as part of this approval. Traffic Circulation. The storage area will be accessed by one gate on the north side of the site between the 5600 and 5610 buildings. There will be no impact to the existing parking or site circulation with the proposed access location. Fencing. The site plan shows an eight-foot cedar fence on the front and south sides of the site to provide screening. An eight-foot chain link fence with slats will provide screening on the north side which would only be visible from the business center. The fence on the south is to be placed on the property line. The fence standards of the Zoning Ordinance specify that fences no more that 7 feet can be placed within ten feet from a common property line. The PUD approvals would allow for the taller fence to screen the site from the Post Office. The Zoning Ordinance also indicates that the property owner shall provide written notification to the adjoining property owner concurrent with the application for a building permit. That will be a condition of approval. Lighting. The lighting plans indicate that two freestanding light fixtures are to be installed on the north and east sides of the storage areas. The fixtures are to be LED, full cut off and are required to be less than 25 feet in total height. The Zoning Ordinance states that no light source or combination thereof which cast light on a public street shall exceed one (1) foot candle meter reading as measured from the centerline of said street nor shall any light source or combination thereof which cast light on adjacent property exceed four-tenths (0.4) foot candles as measured at the property line. A photometric plan has been submitted that complies with the standard. Signage. No additional signage is proposed with this building expansion. Grading. No grading of the site is being proposed. The site plan shall be subject to review and approval of the City Engineer and Brown's Creek Watershed District if required. Trees. No trees are to be removed with either phase 1 or 2. Conditional Use Permit Criteria. The criteria for review of outdoor storage areas as found in Section 401.300.E is as follows: 3. Open and outdoor storage including the parking of commercial vehicles in excess of that allowed as a permitted accessory use provided that. a. The storage area is landscaped, fenced, and screened from view of neighboring uses and abutting residential districts. Comment: The storage area will be fenced on three sides and existing tree cover will provide screening on the west side of the site. 3 Page 33 of 58 b. Storage is landscaped and screened from view from the public right-of- way. Comment: The storage area is to be screened from Memorial Avenue North by an 8-foot fence. G. Storage area is blacktopped or concrete surfaced. Comment: The Planning Commission should comment. The PUD approvals could allow the site to be paved with Class 5 gravel with no curbing until the front of the site is developed. The Applicant has not firmed up plans for the future development in that buildings could be placed at the mid to rear portion of the site and pavement/curb may need to be removed if required at this time. d. All lighting shall be hooded and so directed that the light source shall not be visible from the public right-of-way or from neighboring properties. Comment: The lighting plan indicates that the fixtures will be full cut off and the photometric plan complies with the lighting standards. e. The storage area does not take up parking space or loading space as required for conformity to this Ordinance. Comment: The storage area does not take up parking or loading space for the business center. f. Adequate analysis and provisions are made to resolve issues related to demand for services. No use shall be allowed that will exceed the City's ability to provide utility, police, Erre, administrative or other services to the site. Comment: The storage area will have no impact to demand for City services. g. The provisions of Section 409.03.A.7 of this Ordinance are considered and satisfactorily met. Comment: The criteria are reviewed as follows. In evaluation of the requested Conditional Use Permit for outdoor storage, Section 401.04.A.7 of the Zoning Ordinance directs the Planning Commission and City Council to consider the possible effects of the proposed use, with that judgment based upon (but not limited to) the following factors: a. Relationship to the specific policies and provisions of the municipal comprehensive plan. b. The conformity with present and future land uses in the area. 4 Page 34 of 58 C. The environmental issues and geographic area involved. d. Whether the use will tend to or actually depreciate the area in which if is proposed. e. The impact on character of the surrounding area. f. The demonstrated need for such use. g. Traffic generation by the use in relation to capabilities of streets serving the property. h. The impact upon existing public services and facilities including parks, schools, streets, and utilities, and the City's service capacity. i. The proposed use's conformity with all performance standards contained herein (i.e., parking, loading, noise, etc.) The proposed storage area will be adequately screened and should provide no negative impacts for the area. The Applicant has utilized the site for temporary storage. The improvements to the site, including the fencing, lighting, and gravel surface will provide a better situation in terms of site appearance. CONCLUSION 1 RECOMMENDATION Subject to the preceding review, City staff recommends approval of a Planned Unit Development Amendment and Conditional Use Permit review to allow the use of the lot for outdoor storage at 5570 Memorial Avenue North, subject to the conditions that follow: 1. All light fixtures shall be full cut off and be consistent with Section 401.15.6.7 of the Zoning Ordinance as it relates to lighting requirements. 2. The Planning Commission should comment on the proposed Class 5 gravel surface and make a recommendation whether that is adequate or if the storage area should be curbed and paved. 3. The Applicant shall provide written notification of the screening fence to the adjoining property owner to the south concurrent with the application for a fence permit. 4. The site plan shall be subject to review and approval of the City Engineer and Brown's Creek Watershed District if required. 5. All conditions of the PUD approvals granted for the subject site shall remain in effect and shall be enforced. pc: Julie Hultman 5 Page 35 of 58 ej 1 PROJECT NARRATIVE W.A.T.E. ENTERPRISES, INC./ZINTL INC. 11255 501h 5t. No. Lake Elmo, Mn.55042 Hi, My name is Will Zintl.My wife Ann and I own W.A.T.E. ENTERPRISES, INC.and ZINTL INC.We currently own a vacant lot at 5570 Memorial Ave. No.Oak Park Heights,Mn. 55092.On the vacant lot we are planing to fence in an area for outdoor storage towards the middle/back of the lot. Our plan is to do phase 1 for now and see how our outdoor storage needs are needed. If we need additional outdoor storage space,then we would move forward on to phase 2. If our business continues to grow our plan down the road is to build a new office/warehouse in front of the new fenced in area of the outdoor storage area. Any questions feel free to give me a call. Thanks, Will Zind I AMIN-M& i Vice President Zintl Inc. 15670 Memorial Avenue North,Stillwater,MN 55082 Direct:651.342.2802 1 Office: 651.439.7973 1 Fax: 651.439.7758 will.zinti@zintlinc.com I zintlinc.com I Facebook:Zintl Inc. DRYWALL I PLASTERING I PAiNTtNG I PREFAB do Page 36 of 58 t J i•j � m / / A gg ,' .J � � I X11 I W ala$ Q �I N_ 'r I r � r 11j r � A 4r Page 37 of 58 HAMON MMA V WHOMM SONU 0199 MMONd Offm 30 a&VA 39MOIS 6666�OLf3 377 'NNMA IL f. . . . . . . . . . . . LU P Lim Page 38 of 58 RSX2 LED �r Area Luminaire r" r im Buy Arnorrican Introduction The new RSX LED Area family delivers maximum value by providing significant energy savings,long life and outstanding photometric performance at an Specifications affordable price.The RSX2 delivers 11,000 to 31,000 EPA 0.69 ft2(0.06 m') lumens allowing it to replace 250W to 1000W HID �•): luminaires. Lente: 29.3'(74A cm) The RSX features an integral universal mounting (SPA mount) mechanism that allows the luminaire to be mounted width: 73.4•(34.0 cm) on most existing drill hole patterns.This"no-drill" Haight: 3.0"(7.6 cm)Main Body solution provides significant labor savings.An 7.2"(18.3 cm)Arm easy-access door on the bottom of mounting arm Weight: (SPA mount) 30.0 lbs(13.6 kg) allows for wiring opening without o enin the electrical compartment.A mast arm adaptor,adjustable integral slipfitter and other mounting configurations are available. EXAMPLE: RSX2 LED P6 40K R3 WOU SPA DDBXD R5K21ED Pl 30K 3D00K R2 Type2fte MVOLT 024V-27Mi SPA Squarepolemounting(3.0'min.SQpokfor1a190°,35"mh.SQpolebr44at9n P2 4DK 4000K R3 Type 3 Rode MU 047Y-40OV)l RPA Round pole mounting 0.2"min.dia IND pole for 2,3,4 at 90°3A°min.dia.RND pole P3 SOK 5000K R35 fype3 Sbort K9DLT (2M 43m, for 1 at 9O°2 at IBD"3 at 120% 1`4 R4 Type4fah $asespedl8cre111tagefor MA Mast arm adaptw(fitst 2-3X ODlwdmrrtaItemn) PS 145 Type45hort eptilmunoted) 5 Mfusttleslipfooer(fRs2-3XODtenon) ' P6 R5 Type 5Mile r 120' 2771 W8A WaDtudo1 US Type 5 Short' 2011 3471 WBASC Wall bracket with surface conduit box AF8 AutomofwFmnilow X01 4801 AASP Adjustable tit arm square pdtmounting ' AFRR9D AutomotkeFmmRow AARP Adjustable tilt aim round pole mounting` Right Rotated AAWB Adjustable tilt arm with wall bradon' AFRL90 Automotl eFrontRaw AAWSC Adjustable tilt arm wall bracket and surface(onduitbox' Left Rotated Skipped installed Shipped MutafMd DDBXD Dark knee NS House-sideshieldr aStandslerleand Networked3ensamUntrofsfladorydefeuhsettings,see table page 91 DBUM Blaok PE Phomcontrotbumnstyle" CAR aG4hiAEtgeseration2I'll" DNAKD RaturalAlunlnum PEK Pbmmntmledemalthreaded adjustableS1r PUIRIN Netwode4S-ievdmotion/ambientour(forusewith NLTAIR2)"'(" DWMW White PERI Severr-wiretwist-lockRoeptadeonly(no comrols)VV,n BAA Buy Anreriw(n)Act Co iant ODMD TuturedDarkBmozc 1134 Conduitentry314'NPT(Dty2) DBLW Textured Obd SF Single hoe(120,277,347)1 'Note;PIRNNwith nlfgbIPka rbeundasastandalone&=Ingsensorwithout-d-box ORATKD Textured NaturalAhmhum OF Doublefuse(208,240.480)1 settitgsarasawhelmmhoodedsolutim.See factory defaukseltingstable.Sernarawage DWHGXD TeauredWlM SPD20KV M Surge pack 0 OKV standard) pattern isa8lkadwho Wri alreisWted. FAO Fddad)ustabkadgdk0 DM6 0-1oVdtmmkxjemendartbadtofhouskgforweroal ShIpP��ntehbatilfressome fieldamemlith mrmol(corrhofFoneredsepaiatoll,n EISS External glareshidd' DS Dual switching E6FV Externalglarefidlvisor(3Waround light aperture) RS Bin]'Pik, One L thonia Way•Conyers,Georgia 30012 • Phone;1-800-705-SERV(7378)• Uthonia R5X2 Area LIM O 2W-2021 Acuity Brands Lighting,Inc.All rights reserved. Page 1 of? COMMERCIAL OUTDOOR Page 39 of 58 - ro _ r w a r. w e a s. d _ . M1 , Page 40 of 58 - .no3 ww���;x�.a wo�eia�s3a wasin3� an tlIOIINNM SAH70H Md 71VO 3AV IVINON3W OL95 SISIMMUN3 9TH'M v fwam�s �I o J w \y h N ro9jm �� Tmo tii I� o i _ O I z C� r O fi Mic�'f N, S � i P I _ x V 5 vCAj 00, 7 yy�t 1 � _ s 0 _— `A1„6£,bOaZON � 1 100'05Z :_3 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 FROM WILL ZINTL REPRESENTING WATE ENTERPRISES, INC. FOR A PLANNED UNIT DEVELOPMENT AMENDMENT/CONDITIONAL USE PERMIT TO ALLOW DEVELOPMENT OF AN OUTDOOR STORAGE AREA AT 5570 MEMORIAL AVENUE NORTH, SHOULD BE APPROVED WITH CONDITIONS WHEREAS,the City of Oak Park Heights has received a request from Will Zintl, representing WATE Enterprises, Inc. for a Planned Unit Development Amendment/ Conditional Use Permit to allow development of an outdoor storage area at 5570 Memorial Avenue 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 subject is zoned B-3 Highway Business and Warehousing District; and 4. The City Council approved a Planned Unit Development for the WlNNPARK Business Center in 2000; and 5. Approvals in 2006 and 2008 allowed for development of warehouse buildings, office space and cold storage facilities that were not constructed; and Page 42 of 58 6. The lot at 5570 Memorial Avenue North is vacant, but has been used for temporary storage by WATE Enterprises, Inc.; and 7. The Applicant proposes to use the lot for outdoor storage of construction equipment, building materials, and finished exterior building panels within a fenced area; and 8. Open and outdoor storage areas are a Conditional Use in the B-3 Highway Business and Warehousing District; and 9. A Planned Unit Development Amendment is required to allow for the construction of the outdoor storage area and changes to the site; and 10. City staff prepared a planning report dated August 31, 2021, reviewing the request; and 11. Said report recommends approval of the Planned Unit Development/Conditional Use Permit subject to the fulfillment of conditions; and 12. The Planning Commission held a public hearing at their September 9, 2021, meeting, took comments from the applicants and public, closed the public hearing, and made the following recommendation: NOW, THEREFORE,BE IT RESOLVED BY THE PLANNING COMMISSION FOR THE CITY OF OAK PARK HEIGHTS THAT THE PLANNING COMMISSION RECOMMENDS THE FOLLOWING: A. The application submitted for a request Will Zintl, representing WINN, LLC, for a Planned Unit Development Amendment/Conditional Use Permit to allow development of an outdoor storage area at 5570 Memorial Avenue North, and affecting the real property as follows: SEE ATTACHMENT A Be the same as hereby recommended to the City Council of the City of Oak Park Heights for approval with the following conditions: 1. All light fixtures shall be full cut off and be consistent with Section 401.15.B.7 of the Zoning Ordinance as it relates to lighting requirements. 2. The Planning Commission approved the plan with the storage area allowed as a Class 5 gravel surface and no curb and gutter to be required at this time. 3. The Applicant shall provide written notification of the screening fence to the adjoining property owner to the south concurrent with the application for a fence permit. Page 43 of 58 4. The site plan and any stockpiling of fill material shall be subject to review and approval of the City Engineer and Brown's Creek Watershed District if required. 5. All tree removal shall be subject to the review of the City Arborist. If a tree replacement plan is required, it shall be subject to the City Arborist approval. 6. All conditions of the PUD approvals granted for the subject site shall remain in effect and shall be enforced. Recommended by the Planning Commission of the City of Oak Park Heights this 9th day of September 2021. Timothy Freeman, Chair ATTEST: Eric A. Johnson, City Administrator Page 44 of 58 RESOLUTION NO. 21 -09-2,9 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 FROM WILL ZINTL REPRESENTING WATE ENTERPRISES, INC. FOR A PLANNED UNIT DEVELOPMENT AMENDMENT/CONDITIONAL USE PERMIT TO ALLOW DEVELOPMENT OF AN OUTDOOR STORAGE AREA AT 5570 MEMORIAL AVENUE NORTH, SHOULD BE APPROVED WITH CONDITIONS WHEREAS,the City of Oak Park Heights has received a request from Will Zintl, representing WATE Enterprises, Inc. for a Planned Unit Development Amendment/ Conditional Use Permit to allow development of an outdoor storage area at 5570 Memorial Avenue North, and after having conducted a public hearing relative thereto, the Planning Commission of Oak Park Heights recommended the application with conditions. The City Council of the City of Oak Park Heights makes the following findings of fact and resolution: 1. The real property affected by said application is legally described as follows, to wit: SEE ATTACHMENT A and 2. The applicant has submitted an application and supporting documentation to the Community Development Department consisting of the following items: SEE ATTACHMENT B and 3. The subject is zoned B-3 Highway Business and Warehousing District; and 4. The City Council approved a Planned Unit Development for the WlNNPARK Business Center in 2000; and 5. Approvals in 2006 and 2008 allowed for development of warehouse buildings, office space and cold storage facilities that were not constructed; and Page 45 of 58 6. The lot at 5570 Memorial Avenue North is vacant, but has been used for temporary storage by WATE Enterprises, Inc.; and 7. The Applicant proposes to use the lot for outdoor storage of construction equipment, building materials, and finished exterior building panels within a fenced area; and 8. Open and outdoor storage areas are a Conditional Use in the B-3 Highway Business and Warehousing District; and 9. A Planned Unit Development Amendment is required to allow for the construction of the outdoor storage area and changes to the site; and 10. City staff prepared a planning report dated August 31, 2021, reviewing the request; and 11. Said report recommends approval of the Planned Unit Development/Conditional Use Permit subject to the fulfillment of conditions; and 12. The Planning Commission held a public hearing at their September 9, 2021, meeting, took comments from the applicants and public, closed the public hearing, and recommended the application with conditions. NOW, THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL FOR THE CITY OF OAK PARK HEIGHTS THAT THE CITY COUNCIL APPROVES THE FOLLOWING: A. The application submitted for a request Will Zintl, representing WINN, LLC, for a Planned Unit Development Amendment/Conditional Use Permit to allow development of an outdoor storage area at 5570 Memorial Avenue North, and affecting the real property as follows: SEE ATTACHMENT A Be the same as hereby approved by the City Council of the City of Oak Park Heights with the following conditions: 1. All light fixtures shall be full cut off and be consistent with Section 401.15.B.7 of the Zoning Ordinance as it relates to lighting requirements. 2. The City Council approves the plan with the storage area allowed as a Class 5 gravel surface and no curb and gutter to be required at this time. Page 46 of 58 3. The Applicant shall provide written notification of the screening fence to the adjoining property owner to the south concurrent with the application for a fence permit. 4. The site plan and any stockpiling of fill material shall be subject to review and approval of the City Engineer and Brown's Creek Watershed District if required. 5. All tree removal shall be subject to the review of the City Arborist. If a tree replacement plan is required, it shall be subject to the City Arborist approval. 6. All conditions of the PUD approvals granted for the subject site shall remain in effect and shall be enforced. Approved by the City Council of the City of Oak Park Heights this 14th day of September 2021. Mary McComber, Mayor ATTEST: Eric A. Johnson, City Administrator Page 47 of 58 ATTACHMENT A Z4 - Planned Unit Development (PUD) Amendment, Conditional Permit Outdoor Storage Area WATE ENTERPRISES, INC. 5570 Memorial Ave. N. Washington County GEO Code: 06.029.20.24.0009 Legal Description: Lot 3, Block 2, Kern Center 2nd Addition Street Address: 5570 Memorial Ave. N. Page 48 of 58 ATTACHMENT B %ko- Planned Unit Development(PUD) Amendment, Conditional Permit Outdoor Storage Area WATE ENTERPRISES,INC. 5570 Memorial Ave. N. Application Materials • Application Form • Fees • Plan Sets • Written Narrative and Graphic Materials Explaining Proposal • Mailing List from Washington County (500' from subject property) • Proof of Ownership or Authorization to Proceed • Property Tax Statement(s)/Legal Description(s) Planning Commission Public Hearing &Recommendation: September 9, 2021 Required Approvals: PUD Amendment& CUP City Council 4/5 Planned Unit Development 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) 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 49 of 58 i .MLS Oak Park Heights Request for Council Action Meeting Date September 14th 2021 Time Required: ,I min Agenda Item Title: Approval of consulting agreement with Marie Ridgeway LIC SW LLC Therapy and Consulting Services Agenda Placement New Business Originating Department/Requestor Chief of Police Steve Hansen Requester's Signature - Action Requested Approval of agreement Background/Justification (Please indicate if any previous action has been taken or if other public bodies have advised): It was well known that first responders and Law Enforcement personnel will experience more traumatic events or exposure to such events in a short time span of a month or year than an average person would experience in a life time. These events will commonly cause a certain amount of stress for that individual and will often resurface causing a variety of emotions. Law Enforcement agencies have recognized the need to help its employees develop better tools and effective strategies to manage their symptoms of stress related trauma exposures. Ultimately,the goal is to help the employee bounce back after these events and become more resilient. Oak Park Heights PD would like to move forward with developing a more robust wellness program for its police employees. This will be accomplished by several approaches that include the availability of EAP (employee assistance program) through our current insurance carrier, development of a peer support network for law enforcement specific employees, presentations of various mental or physical health wellness topics, and an annual individual wellness check-in with licensed therapists which include resiliency training. I am recommending the approval of the agreement with Marie Ridgeway Lie SW LLC Therapy and Consulting Services to assist with our wellness program. They have several years of experience primarily focusing on public safety or first responder clients. They offer additional services beyond the individual sessions; which include consultations for law enforcement families along with their core program called P.O.W.E.R. (police officer wellness by enhancing resiliency). Funding for this contract will come annually from the police training and professional consultant services line items ranging from $1,50043,000. We currently have the funds already available for this year 2021 and next years costs were already included in my 2022 budget proposal increase request. Page 50 of 58 MARIE RIDGEWAY LICSW LLC THERAPY AND CONSULTING SERVICES AGREEMENT This Agreement is made this day of , 2021 ("Effective Date") by and between MARIE RIDGEWAY LICSW LLC, d/b/a Marie Ridgeway & Associates and Ridgeway & Associates, a Minnesota limited liability company ("Service Provider") and Oak Park Heights Police Department a municipal corporation of the State of Minnesota ("Customer"). RECITALS A. Service Provider is engaged in the business of providing professional mental health services to law enforcement officers and consulting with law enforcement agencies on mental health wellness topics. B. Customer,for the benefit of its officers,their families,and the community, desires to obtain mental health services for its law enforcement officers. C. Customer desires to engage Service Provider to provide the mental health services described in this Agreement and Service Provider is willing to provide such mental health services on the terms and conditions in this Agreement. NOW,THEREFORE,in consideration of the terms and conditions expressed in this Agreement, the Service Provider and Customer agree as follows: AGREEMENT 1. Services to be Provided. Service Provider agrees to provide Customer with professional mental health and consulting services as described in Exhibit A attached hereto (the "Services"). Service Provider will provide all Services in a manner consistent with the level of care and skill ordinarily exercised by professionals providing similar services. Service Provider will at all times be free to exercise professional judgment and discretion regarding the provision of professional mental health services. 2. Qualifications. Service Provider's owner, Marie Ridgeway,LICSW,is licensed as a Licensed Independent Clinical Social Worker in the State of Minnesota. Ms. Ridgeway also holds an Advanced Certification in Accelerated Resolution Therapy and she and her staff may use this type of eye movement therapy for the treatment of trauma, anxiety, panic attacks, and other mental health concerns. 3. Compensation. As compensation for the Services, Customer will pay Service Provider the compensation set forth in Exhibit B attached hereto ("Compensation"). Service Provider will provide Customer with at least 90 days' written notice prior to the effective date of any fee changes. Page 51 of 58 4. Invoices and Payment. Service Provider will provide invoices to Customer by e-mail on the last day of each month or the first business day of the following month for payment. Service Provider's invoices will contain a description of the services provided, hours, rates, and amounts undertaken by the Service Provider during that billing period. Invoices will use a unique anonymous code known only to Service Provider for each officer to protect individual officers' identity. Service Provider will maintain client confidentiality at all times and nothing in this paragraph mandates disclosure of confidential or private data. Customer will make payment to Service Provider via direct deposit whenever possible, within ten (10) days of receipt of the invoice. Credit card or check are also accepted when direct deposit is not an option.If Customer fails to pay any invoice within thirty (30) days of the date the invoice is issued, Service Provider may impose an eight percent(8%) late fee. 5. Term. The term of this Agreement will begin on the Effective Date and last for a period of one (1) year. This Agreement will automatically renew for subsequent one (1) year terms unless either party gives the other party sixty (60) days notice of nonrenewal. 6. Termination. This Agreement may be terminated as follows: a. Service Provider may terminate this Agreement in the event Customer fails to comply with any material term of this Agreement effective thirty (30) days after notice by Service Provider that Customer is not in compliance with such material term. b. Customer may terminate this Agreement in the event Service Provider fails to comply with any material term of this Agreement effective thirty (30) days after notice by Customer that Service Provider is not in compliance with such material term. c. Either party may terminate this Agreement without cause upon sixty (60) days prior written notice to the other party. In the event of a termination, Customer shall pay Service Provider for Services performed to the date of termination and for all costs or other expenses incurred prior to the date of termination. 7. Work Products and Ownership of Documents. All records,information,materials and other work products, including, but not limited to completed reports, drawings, plans, and specifications prepared and developed specifically at the request of Customer in direct connection with the provision of Services pursuant to this Agreement will become the property of Customer,but reproductions of such records,information,materials and other work products in whole or in part may be retained by Service Provider. Any and all records, information, materials and other work products, including, but not limited to reports, drawings, plans, and specifications developed by Service Provider for general use with Service Provider's clients or in Service Provider's business shall be and remain the property of Service Provider, regardless of whether they are used by Service Provider in fulfilling Service Provider's obligations under this Agreement. Further, nothing in this paragraph shall cause any professional therapy records, notes, or other related documents to become the property of Customer and all such documents shall remain the property of Service Provider or individual Clients. These obligations survive the termination of this Agreement. Page 52 of 58 8. Publicity. Each parry must not publicly use the other party's logo or state that the other party endorses its services without the other parry's advanced written approval. If one parry wishes to use the other parry's logo or state that the other party endorses its services, Customer and Service Provider will develop mutually agreed upon language to use when discussing the Services. Both parties agree that any publicity including, but not limited to, press releases, social media postings, and written or oral statements to members of the news media,regarding the Services or the subject matter of this Agreement must not be released unless they comply with this mutually agreed upon language. Both parties acknowledge and agree that due to the nature of the Services, publicity associated with the Services may have a detrimental effect on Service Provider's ability to effectively provide Services and achieve the desired officer wellness goals. These obligations survive the termination of this Agreement. 9. Records/Inspection. Pursuant to Minnesota Statute § 16C.05, subd. 5, Service Provider agrees that the books, financial records, financial documents, and accounting procedures and practices of Service Provider that are relevant to the contract or transaction are subject to examination by the Customer and the state auditor or legislative auditor for a minimum of six years. Service Provider shall maintain such records for a minimum of six years after final payment. These obligations survive the termination of this Agreement. 10. Data Practices Act and Data Privacy Compliance. Customer does not intend by this Agreement to delegate a government function to Service Provider and Service Provider agrees that it is not performing a government function. Service Provider agrees to administer any and all data provided to the Service Provider or created,collected,received, stored,used,maintained, or disseminated by Service Provider in fulfillment of this Agreement in accordance with all applicable laws, which may include the Minnesota Government Data Practices Act, Minnesota Statutes, Chapter 13 ("MGDPA"), the Health Insurance Portability and Accountability Act ("HIPAA"),and the mandatory reporting obligations of Service Provider's licensed mental health professionals. Service Provider agrees to notify the Customer within five (5) business days if it receives a request for data under the MGDPA. This paragraph does not create a duty on the part of Service Provider to provide public access to data unless required under the provisions of an applicable law. These obligations survive the termination of this Agreement. 11. Insurance. Service Provider will maintain commercially reasonable insurance coverage, including commercial general liability insurance and professional liability insurance throughout this Agreement. Service Provider will provide Customer with copies of current certificates of insurance upon request. 12. Subcontracting. Customer acknowledges and agrees that Service Provider may provide Services through such independent consultants, associates, and subcontractors as it may deem appropriate to assist it in the performance of Services required by this Agreement. Service Provider will ensure that all professional mental health services are provided by individuals holding appropriate professional licenses in the State of Minnesota. 13. Payment of Subcontractors. Service Provider agrees that it must pay any subcontractor within ten (10) days of its receipt of payment from the Customer for undisputed services Page 53 of 58 provided by the subcontractor. Service Provider agrees that it must pay interest of 1-1/2 percent per month or any part of a month to the subcontractor on any undisputed amount not paid on time to the subcontractor. The minimum monthly interest penalty payment for an unpaid balance of$100 or more is $10. For an unpaid balance of less than $100, the prime contractor shall pay the actual penalty due to the subcontractor. A subcontractor who prevails in a civil action to collect interest penalties from Service Provider must be awarded its costs and disbursements, including attorney's fees, incurred in bringing the action. 14. Compliance with Laws. Service Provider will exercise due professional care to provide Services in accordance with applicable federal, state and local laws, rules, ordinances and regulations in effect from time to time. 15. No Discrimination. Service Provider agrees not to discriminate in providing products and services under this Agreement on the basis of race, color, sex, creed, national origin, disability, age, sexual orientation, status with regard to public assistance, or religion. 16. Exclusive Agreement. Customer agrees that it is retaining Service Provider as the sole mental health care provider for its law enforcement officers for the duration of this Agreement. All employer-paid check-ins, therapy sessions, and mental health care will be provided by Service Provider. Any and all fitness for duty or other evaluations will be sought elsewhere as Service Provider is a care provider and does not provide fitness for duty evaluations. 17. Relationship of the Parties. For the purpose of this Agreement, the relationship of a parry and its employees, agents and servants to the other parry and its respective employees, agents and servants will be that of independent contractors. Nothing in this Agreement will be construed, implied, or deemed to create any other relationship between the parties, including one of employment, agency, joint venture, association, partnership, or any other form of separate legal entity or organization. 18. Authority. The parties represent and warrant that,upon its execution, this Agreement will be binding upon each of them and enforceable in accordance with its terms. 19. No Third Party Beneficiaries. Nothing in this Agreement, express or implied, is intended to confer any rights or remedies under, or by reason of, this Agreement on any person or entities other than the signatories hereto. 20. Entire Agreement. This Agreement, including any schedules, exhibits, amendments or attachments thereto, constitutes the entire agreement between the parties with respect to the subject matter hereof. 21. Severability. If any term, provision or condition contained in this Agreement is deemed or declared unenforceable, invalid or void,the same will not impair or invalidate any of the other provisions contained herein, which will remain in full force and effect. 22. Governing Law. This Agreement and the rights of the parties hereunder will be governed and interpreted in accordance with the laws of the State of Minnesota. Page 54 of 58 23. Notices. Any notices required to be given hereunder will be in writing and may be either emailed, delivered personally or sent by mail: Service Provider: Marie Ridgeway LICSW, LLC Attn: Marie Ridgeway, LICSW 3550 Lexington Avenue N, Suite 303, Shoreview, MN 55126 marieridgeway@gmail.com Customer: Oak Park Heights Police Department Attn: Chief Hansen 14168 Oak Park Blvd N. Oak Park Heights, MN 55082 24. Waiver. Waiver by a parry of a breach of any provision of this Agreement will not operate as or be construed to be a waiver of any subsequent breach. 25. Amendment. This Agreement may be amended only by mutual agreement in writing executed by the parties. 26. Headings. The headings contained in this Agreement have been inserted for convenience of reference only and will in no way define,limit or affect the scope and intent of this Agreement. 27. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed to be an original and all of which taken together shall constitute a single instrument. IN WITNESS WHEREOF, Service Provider and Customer have caused this Agreement to be executed by their duly authorized representatives on the respective dates indicated below. SERVICE PROVIDER CUSTOMER Marie Ridgeway LICSW,LLC Oak Park Heights Police Department By: By: Marie Ridgeway, LICSW Its: Its: Lead Clinician/Owner Date: Date: Page 55 of 58 EXHIBIT A SCOPE OF SERVICES 1. Services. Service Provider and Customer agree that the primary purpose and spirit of these Services are to address personnel mental wellness and to reduce barriers, including lack of access to culturally competent care providers, to mental health care for law enforcement officers. In furtherance of this goal, Service Provider will provide the following Services: a. TherUy Sessions. Service Provider will provide individual mental health therapy sessions("Therapy Sessions")to law enforcement officers employed by Customer ("Clients"). i. Number of Sessions. Clients are eligible to receive up to six (6) Therapy Sessions per calendar year. If authorized by the Customer, Service Provider may provide more than six(6)Therapy Sessions when doing so will provide a significant benefit to the Client. Service Provider will request authorization for additional Therapy Sessions from Customer without sharing any identifying Client information. ii. Couples/Family Therapy Sessions. If Service Provider and Client determine that it would be helpful to the Client to include the Client's significant other and/or household family members in a Therapy Session, Service Provider may invite such individuals to join Client in the Therapy Session. In Service Provider's sole discretion, Service Provider may speak with Client's significant other individually as part of the Therapy Session. b. Individual Critical Incident Follow Up Sessions. Upon request of Customer, Service Provider will provide individual mental health therapy to Clients following critical incidents ("CI Sessions"). Customer will notify Service Provider of all Clients required to complete a CI Check-In. Service Provider will confirm Client attendance at CI Sessions but CI Sessions are otherwise strictly confidential and Service Provider will not share any substantive information with Customer. CI Sessions are not fitness for duty evaluations. c. Mandatory Mental Health Check-Ins. Service Provider will provide a mental health check-in ("MH Check-Ins") for each member of Customer's staff on an annual basis. Service Provider will also provide a mental health check-in to each of Customer's new hires. MH Check-Ins are opportunities for one-on-one consultation and education and are not mental health therapy. Service Provider will confirm Client attendance at MH Check-Ins but MH Check-Ins are otherwise strictly confidential and Service Provider will not share any substantive information with Customer. d. On-Site and Consulting Services. Service Provider will provide the following services as requested by Customer: i. Telephone or in-person consultation services regarding mental health and wellness. Page 56 of 58 ii. Attendance at roll calls at the start of the program and as needed to introduce the program, answer questions, and provide information. iii. Participation in ride-alongs as appropriate to be a familiar resource and support to the Customer and Clients. iv. Attendance at critical incident defusings or debriefings, when possible. v. In-person or remote presentations on mental health and wellness topics. e. Therapy Dog. Service Provider owns a therapy dog in training (a male German Shepherd)and may bring the dog on-site when appropriate as mutually agreed upon by Customer and Service Provider. 2. Logistics. a. Contact Information. Customer will e-mail Service Provider's contact information to all Clients. Customer will also post Service Provider's contact information in conspicuous locations within the department. b. Appointment Scheduling. Customer will inform all Clients that they may call,text, or e-mail Service Provider directly to schedule appointments. Appointments will be scheduled during normal business hours as mutually agreed by Service Provider and Clients. For purposes of this Agreement, normal business hours shall mean between the hours of 8:00 a.m. and 5:00 p.m., Monday to Friday. Evening and weekend appointments are available weekly, depending on therapist schedules. c. Location. Unless otherwise agreed by Service Provider and Customer, Therapy Sessions, Cl Check-Ins, and MH Check-Ins will occur at Service Provider's office. d. Urgent Requests. Service Provider will use best efforts to accommodate urgent requests for appointments and other services provided under this Agreement as necessary to serve Client needs. Customer agrees that Services provided on an urgent basis (less than five (5)business days notice) or outside of normal business hours will incur an additional fee specified in Exhibit B. Page 57 of 58 EXHIBIT B 2021 FEES/COMPENSATION Service Fee Therapy Sessions Individual or Couple/Family) $150/session Critical Incident Follow Up Sessions $150/session MH Check-Ins • 50 minute $110/session • 30 minute on-site/virtual $75/session Wellness Program Consulting $150/hour • Minimum of 2 hours on-site Healthy Family Presentation (1 hour of $300 presentation time, up to 2 hours on site Peer Support Consultation/Group Defusing or $150/hour Debriefing • Minimum of 2 paid hours on-site Familiarity Building Roll Call/Ride Along $250 • Up to 3 hours • Urgent/Outside Normal Business Hours $25/hour or $25/session, as applicable Fee Page 58 of 58