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HomeMy WebLinkAbout07-21-2021 Council Packet CITY OF OAK PARK HEIGHTS CITY COUNCIL MEETING AGENDA WEDNESDAY, JULY 219 2021 AT 6:OOPM CITY HALL COUNCIL CHAMBERS 6:00 p.m. L Call to Order/A]2]2roval 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 • Police Department Update - Night to Unite - Crisis Response Unit • 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). A. Proclamation of Achievement— Christian Howlett(pg. 7) 6:10 p.m. IV. Consent Agenda_ (Roll Call Vote) A. Approve Bills & Investments B. Approve City Council Worksession Notes—June 22, 2021 (pg. 9) C. Approve City Council Minutes—June 22, 2021 (pg. 11) D. Approve Resolution Accepting Donation from Taco Johns for Use as Prizes for the Walk/Run Event(pg. 15) E. Approve Agreement Extension—EMWREP— for MS4 Educational Assistance (pg. 17) F. Adopt 2021-2026 Anticipated Capital Improvement Plan (pg. 25) 6:10 p.m. V. Public Hearings 6:10 p.m. VI. Old Business 6:10 p.m. VII. New Business A. Winnpark Business Center—Planned Unit Development Amendment—Lot 4, 5650 Memorial Ave. N. (pg. 29) B. Consider Date Amendment for August 24th City Council Meeting (pg. 71) C. Update to City Administrator Performance Review Process (pg. 73) D. Consider Scheduling of Council Teambuilding Session (pg. 75) E. Municipal State Aid—Local Roads (pg. 77) F. Approve Agreement Authorizing Bike Event for Sunrise Rotary on 8/15/21 — Bridge the Valley (pg. 83) Page 1 of 94 6:55 p.m. VIII. Other Council Items or Announcements 7:00 p.m. X. Closed Session (closed pursuant to MN Stat. 13D.05, Subd. 3(c)(3) A. Discussion on Possible Land Acquisition 7:30 p.m. XI. Adjournment Page 2 of 94 P'. . Oak Park Heights Request for Council Action Meeting Date July 21,2021 Agenda Item Recycling Award Time Req. 0 Agenda Placement Staff Reports Originating Department/Requestor Ad istration/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 94 City of Oak Park Heiahts 14168 Oak Park Blvd.N a Oak Park Heghfs,MN 55082.Phone(651)439-4439•Fax(651)439-0574 July 1, 2021 Kelsey Splinter 5696 Osgood Ave N Oak Park Heights, MN 55082 Dear Ms. Splinter: 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, July 1, 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 apinski@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 r Pinski City Clerk TREE CITY U.S.A. Page 4 of 94 City of Oak Park Heights _ 14168 Oak Park Blvd,N.Oak Park Heights,PIN 55682•Phone(651)439-4439.Fax(651)439-0574 July 16, 2021 Jerome & Geriiyn Wasinger 15090 63rd St N Oak Park Heights, MN 55082 Dear Mr. & Mrs. Wasinger: 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, July 15, 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. Congratulations! Je4ifer Pinski City Clerk TREE CfTY U.S.A. Page 5 of 94 THIS PAGE INTENTIONALLY LEFT BLANK Page 6 of 94 Oak Park Heights Request for Council Action Meeting Date July 21st, 2021 Time Required: 5 Minutes Agenda Item Title: Proclamation of Achievement—Christian Howlett Agenda Placement Visitor's and Public Comment. Originating Department/Requestor Mary McComber, Mayor Requester's Signature Action Requested Approve Proclamation Background/Justification (Please indicate if any previous action has been taken or if other public bodies have advised): Read and Approve Proclamation. Page 7 of 94 adc A Proclamation of the City of Oak Park Heights WHEREAS, Oak Park Heights City Resident CHRISTIAN HOWLETT has obtained the rank of Eagle Scout; and, WHEREAS, the rank of Eagle Scout is a lifetime award and sets the stage for a lifetime of expectations; and, WHEREAS, the rank of Eagle Scout is obtained by only approximately two percent of all Scouts; and, WHEREAS, the rank of Eagle Scout represents the highest award possible for a Boy Scout; and, WHEREAS, the rank of Eagle Scout represents a significant commitment to leadership, stewardship and team-work to accomplish a community-benefitting project; and, WHEREAS, Christian's Eagle Project included the materials, labor and construction of a Park Kiosk in Autumn Hills Park which will be enjoyed by Park visitors for years to come. NOW, THEREFORE,I, Mary McComber, by virtue of the authority vested in me, as Mayor of the City of Oak Park Heights in the State of Minnesota, do hereby proclaim Saturday, July 31 ; 2021 as CHRISTIAN HOWLETT DAY and call on all citizens to acknowledge the accomplishments of CHRISTIAN HOWLETT. IN WITNESS WHEREOF, I have hereunto set may hand and caused the Seal of the City of Oak Park Heights to be affixed this 21st day of July, 2021. Mayor Mary McComber Page 8 of 94 Oak. Park Heights Request for Council Action Meeting Date July 21, 2021 Agenda Item Approve City Council Worksession Notes—June 22, 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 9 of 94 0 CITY OF OAK PARK HEIGHTS CITY COUNCIL WORKSESSION NOTES TUESDAN', JUNE 22, 2021 HELD VIA VIDEO CONFERENCE PER NIN STAT. 13D.021 Present: Mayor McComber, Councilmembers Dougherty, Johnson, Liljegren and Runk; City Administrator Johnson and City Attorney Sandstrom.Absent: None. 1. Call to Order: Mayor McComber called the meeting to order at 5:00 p.m. 2. American Rescue Plan Act: City Administrator Johnson reviewed the funding in a proposed Resolution. No action taken. 3. 2021 Goals Update: City Administrator Johnson reviewed a spreadsheet which outlined the City Council's goals and the progress for each goal. The City Council discussed options for websites and accessing packets online. They also discussed an option for an expansion for a snow plow garage. No action taken. 4. Adjourn: The meeting was adjourned at 6:00 p.m, Page 10 of 94 Oak Park Heights Request for Council Action Meeting Date_ July 21, 2021. Agenda Item Approve City Council Minutes June 22, 2021 Time Req. 0 Agenda Placement Consent Originating Department/Requestor A inistration/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 11 of 94 CITY OF OAK PARK HEIGHTS TUESDAY, JUNE 22, 2021 CITY COUNCIL MEETING MINUTES HELD IN PERSON AND VIA VIDEO CONFERENCE PER MN STAT. 13D.021 T. Call to Order/Approval of Agenda: Mayor McComber called the meeting to order at 6:10 p.m. Present: Councilinembers Dougherty. Johnson, Liljegren and Runk. Staff present: City Administrator Johnson, Police Chief Hansen, Assistant City Administrator/City Clerk Pinski, City Attorney Kevin Sandstrom, City Engineer Mann and City Planner Richards. Absent: None. Councilmember Dougherty, seconded by Councilmember Johnson, moved to approve the Agenda. Roll call vote taken. Carried 5-0. IL Council/Staff Reports: A. Mayor McComber: She reported she attended the LMC Board of Directors meeting where they recognized outgoing board members, she was asked by the NLC Small Cities to be a panelist, she attended the Minnesota Association of Small Cities annual meeting and the Coalition of Utility Cities annual meeting, she would be attending the LMC annual conference and the Minnesota Women in City Government annual meeting, and the ongoing Midwest Governor's meetings. She announced that the LMC and Metro Cities policy committee meetings were starting back up. B. Councilmember Dougherty: He reported he attended the Coalition of Utility Cities annual meeting. C. Councilmember Johnson: She reported she attended the Parks and Trails walkthrough and Commission meeting. She also reported that two of the community garden beds were claimed and the walk/run event was extended through June 30. D. Councilmember L iliegren: He reported that he attended the Lake Elmo Airport advisory committee meeting, and the Planning Commission meeting for June was cancelled. E. Councilmember Runk: He reported he would be attending the Middle St. Croix Watershed District meeting. F. Staff Assistant City Administator/City Clerk Pinski reported that Tom and Lisa Thiets at 5655 Peller Avenue North and Dennis McGuire at 5831 4akgreen Court North were chosen as the recycling award winners for the month of June. City Administrator Johnson reported that the City was working with the Economic Development Authority for a DEED grant application for a loan Page 12 of 94 City Council Meeting Minutes June 22, 2021 Page 2 of 3 to applicant WATE/Zintl for an anticipated 30,000 square foot expansion to their building. IIl. Visitors/Public Comment: A. Presentation by Washington County— STH 36 Transit Feasibility Stud Emily Jorgenson and Joe Ayers for the Washington County Transit Study provided a presentation on the study results. County Commissioner Gary Kriesel was also present and thanked City Administrator Johnson for his participation in the process. IV. Consent Agenda: A. Approve Bills & Investments B. Approve City Council Worksession Notes—May 25, 2021 C. Approve City Council Minutes—May 25, 2021 D. Approve Regular Premium Option for Worker's Comp Insurance 07/07/2021 07/06/2022 E. Authorize Repairs to the City Hall Hot Water Circulation System F. Approve Proclamation Recognizing June 2021 as Small Cities Month Councilmember Dougherty, seconded by Councilmember Liljegren, moved to approve the Consent Agenda. Roll call vote taken. Carried 5-0. V. Public Hearings: A. Public Hearing on Request Reg irding Noise Ordinance„for a Concert at Stillwater Bowl on July 16 2021 : Assistant City Administrator/City Clerk Pinski reported that Stillwater Bowl made an application to extend the City's noise ordinance from 10:00 p.m. to 11:00 p.m. for an outdoor concert on July 16. She outlined staff recommended conditions for approval. Mayor McComber opened the Public Hearing. No comments. Councilmember Runk, seconded by Councilmember Dougherty,moved to close the Public Hearing. Roll call vote taken. Carried 5-0. Councilmember Dougherty, seconded by Councilmember Liljegren, moved to approve the request with the conditions. Roll call vote taken. Carried 5-0. VI. Old Business: None VII. New Business: A. Joint Powers Agreement Between St. Croix County Sheriffs and OPH PD: City Attorney Sandstrom reported that the language in numbers 4 and 5 was being modified and a number 9 was being added with input from the League of Minnesota Cities. Page 13 of 94 City Council Meeting Minutes June 22, 2021 Page 3 of 3 Councilmember Dougherty, seconded by Councilmember Runk, moved to accept the JPA subject to St. Croix County accepting the changes. Roll call vote taken. Carried 5-0. B. Trail Connection—Norwich Parkwav from Autumn Hills Neighborhood: Mayor McComber reported she received a request from a young resident for a crosswalk across Norwich. Parkway. Councilmember Johnson recommended location X as outlined on a concept map. Councilmember Runk, seconded by Councilmember Johnson, moved to approve the crosswalk and to look at crossing lights on a future date. Roll call vote taken. Carried 5-0. C. Approve Purchase Agreement for City Owned Property Located at 5416 Stagecoach Trail: Councilmember Liljegren, seconded by Councilmember Dougherty,moved to approve the Purchase Agreement. Roll call vote taken. Carried 5-0. D, Approve Resolution Supporting Submission to the State of Minnesota for Fundin�.r irl the Upcoming; 2022 Bonding Bill —Xcel Energy King Plant: Councilmember Liljegren, seconded by Councilmember Johnson,moved to approve the Resolution. Roll call vote taken. Carried 5-0. E. American Rescue Plan Act—Resolution to Accept and Direct Funding: Councilmember Johnson, seconded by Councilmember Runk, moved to approve the Resolution. Roll call vote taken. Carried 5-0. F. Set Closed Session for Discussion of Acquisition of Property: Councilmember Runk, seconded by Councilmember Johnson, moved to set the closed session for the end of the City Council meeting on July 21. Roll call vote taken. Carried 5-0. `'III. Other Council Items or Announcements: None IX. Adjourn: Councilmember Runk, seconded by Councilmember Liljegren, moved to adjourn at 7.26 p.m. Roll call vote taken. Carried 5-0. Respectfully submitted, Approved as to Content and.Form, Jennifer Pinski Mary McComber City Clerk Mayor Page 14 of 94 Oak Parr Heights Request for Council Action Meeting Date July 21, 2021 Agenda Item_A.prove Resolution Accepting Donation from Taco Johns for Use as Prizes for the Walk/Run Event Time Req. 0 Agenda Placement Consent Originating Department/Requestor Administration/Jennifer Pinsk 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 15 of 94 RESOLUTION 21-07-25 CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA A RESOLUTION AUTHORIZING RECEIPT OF DONATIONS AND DIRECTING THE DONATIONS BE USED FOR THE WALK/RUN EVENT WHEREAS, the City of Oak Park Heights received a donation of four $25 gift cards from Taco John's for the waWrun event; and WHEREAS, the City conducted a random drawing of participants for the 2021 walk/run event to receive the gift cards as prizes; and WHEREAS, the City of Oak Park Heights is grateful for the donations. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Oak Park Heights shall accept the donations and that the City is authorized to use the donations as participation prizes for the walk/run event held in June 2021. Passed by the City Council of Oak Park Heights this 21st day of July, 2021. Mary McComber ATTEST: Mayor Eric A. Johnson City Administrator Page 16 of 94 7 Oak Park Heights Request for Council Action Meeting Date July 21st, 2021 Time Required: 1 Minute Agenda Item Title: Consider Agreement Extension -EMWREP—for MS4 Educational Assistance Agenda Placement Consent Agenda Originating Department/Requestor Eric Johnson, City Administrator Requester's Signature Action Requested Approve 2022-2024 City —Washington County Conservation District— EMWREP_Agreement. Background/Justification (Please indicate if any previous action has been taken or if other public bodies have advised): The City is compelled to implement the rules,regulations and requirements Requirements of the MS4 General Permit found under the Municipal Separate Storm Sewer System (aka MS4) and All otivners or operators of IvS54s are required to satisfy secure a PERMIT to discharge public water though City systems into other M r,g poh.—d­ft St h,10 S4 general 1 to g p g �J y Minneapolis and St-Paul are required to meet Federal and State Waters. As the City does now fall under such unfunded -b.,—ed individual permits,�.->u`b ue s mi'a=but which contain addtrional requirements- mandate annual requirements for the City's MS4 permit includes the Basically,the MS4 general permit require.the MS4 operator or owa,r to creat,a sto— -at—Pol]utton following six parameters (see listing ->) and must be accomplished Prevention Program with six important comp—t.- annually. 1. Public education and outreach,which includes teaching citizens about better stormwater management 2. Public participation: Include citizens in solving Parameter#1 –Public Education and Outreach can be time consuming stormwater pollution prnbl,m.-T, includes a required public annual meeting and an annual report. and requires the creation and dissemination of materials to inform 3. A plan to detect and eliminate illicit discharges to the citizens about the impacts polluted storm water runoff can have on water w-l-t`e cp ti--'chemical dumping and quality data and that is timely,pertinent and relevant to the City. 4. Construction-site—ffcontrols 5. Post-construction nrnoff contra]. 6. Pollution prevention and mrrnicipal -good To accomplish this,the City could of course contract with the City Engineer meet�g ensures ,tire eov,r ng salt pile.and or other knowledgeable parry to develop and implement these conditions and ensure compliance with the MS4 permit. However,there is another opportunity and that is remaining part of the East Metro Water Resource Education Program (EMWREP) offered though the Washington County Conservation District.The CIty has participated in this since 2018 and the EMWREP Staff have done a good job keeping partners informed and providing a vast amount of public information. For an annual fee of$742.85,this EMWREP will develop,publish,disseminate and ensure the City is meeting its compliance requirements under this Parameter of its MS4 permit. A number of cities currently participate in this joint venture–including Stillwater,Woodbury,Lake Elmo,etc.The effort requires a three-year commitment with optional renewals thereafter. It is unlikely the CIty would be able to match this service and/or this cost. Staff would recommend the City participate in this joint venture again for the next three years 2022-2024 as it will likely save dollars for creation of materials, staff time for publication and dissemination, etc. Enclosed is a copy of the proposed agreement for consideration that would be subject to final staff review. Page 17 of 94 Contract Number: 21-LSC-EMWREP AGREEMENT BETWEEN WASHINGTON CONSERVATION DISTRICT AND MEMBERS OF THE 2022-2024 EMWREP -LOWER ST. CROIX WATER EDUCATION PROGRAM A. PARTIES This Agreement is made and entered into by Washington Conservation District,hereinafter referred to as HOST, and members of the EMWREP - Lower St. Croix Water Education Program,hereinafter referred to individually as a PARTNER. A PARTNER is defined as an entity that executes this agreement, and this Agreement provides for the withdrawal or addition of PARTNERS to the EMWREP - Lower St. Croix Water Education Program. Eligible PARTNERS include counties, watershed organizations, lake improvement districts, and municipalities within the Twin Cities East Metro and Lower St. Croix Watershed of Minnesota. B. PURPOSE WHEREAS,the PARTNER and the HOST have a common objective of educating the citizens of the East Metro and Lower St. Croix Watershed about water resource,stormwater, and groundwater management in order to improve water quality; and WHEREAS,the PARTNER has identified a need for education assistance; and WHEREAS,counties,watershed organizations,lake improvement districts, and municipalities within the East Metro and Lower St. Croix Watershed have education components in their respective watershed management plans; and WHEREAS,25 communities in Washington County and 5 communities within the Lower St. Croix portions of Anoka, Chisago and Isanti Counties are required to obtain a Municipal Separate Storm Sewer System (MS4) Permit from the Minnesota Pollution Control Agency(MPGA),which requires nonpoint source pollution education; and WHEREAS,the PARTNER agrees it is in its best interest to define its respective responsibilities and obligations; and WHEREAS,the PARTNER agrees that collaborative efforts are needed to more effectively and efficiently deliver water resource education and meet MS4 permit education requirements; and WHEREAS, the PARTNER requests assistance from the HOST to implement the policies specified in MINN. STAT. §§ 103A.206; and WHEREAS, the HOST is authorized to enter agreements to provide such assistance pursuant to MINN. STAT. §§ 103C.331, SUBD. 3 and 7. NOW,THEREFORE,the PARTNER agrees as follows: C. TERM OF CONTRACT The term of this agreement shall be from January 1, 2022 to December 31, 2024 unless extended or terminated earlier as provided herein. D. MEMBERSHIP STRUCTURE In accordance to the program goals of collaboration and partnership,entities may become a PARTNER by signing the Signature Page at the end of this Agreement. A new PARTNER shall apply to the HOST and sign a separate contract and its signature page shall be attached to the original document. The HOST will coordinate with each PARTNER,update the project budget, and distribute it to each PARTNER. Each PARTNER will assign a member to the Steering Committee of the EMWREP - Lower St. Croix Water Education Program. This Committee will assist the Shared Water Resource Educator and HOST to prepare the Page 18 of 94 Annual Workplan,Annual Budget, and Annual Report. A Membership Summary will be included in the Annual Report prepared by the HOST. E. SCOPE OF SERVICES The HOST will perform for the PARTNER the services and furnish and deliver work products generally described in Exhibit A, attached and made part of this agreement. Services for a specific PARTNER will be defined in the Annual Workplan developed as described in Exhibit A. PARTNER-specific services will constitute approximately 15% of the total Annual Workplan. Eighty-five (85)percent of the total Annual Workplan will be committed to shared,multi-jurisdictional benefit educational activities. F. COST In full consideration for services under this agreement,the PARTNER shall provide its portion of the annual costs to the HOST in accordance with the executed Signature Page at the end of this Agreement. The total annual budget for the program is as shown in Exhibit B with contributions outlined in Paragraph G. If all PARTNER contributions total less than the Total Budget,educational material expenses not otherwise paid for will not be incurred. PARTNER's annual contribution may be increased from the amount stated in the Signature Page at the end of the Agreement only with approval of PARTNER's governing body. G. FUNDING STRUCTURE Each PARTNER is suggested to contribute annually in accordance with the following funding structure. County or SWCD(Population> 100,000): $13,583.48/year County or SWCD(Population< 100,000): $6,685.62/year County or SWCD partially within the Lower St. Croix watershed: $1337.12/year Small Watershed Districts(Taxable Market Value<$1 Billion): $13,477.35/year Medium Watershed Districts(TMV$1-5 Billion): $20,481.33/year Large Watershed Districts(TMV>$5 Billion): $26,530.23/year Watershed Management Organizations and Lake Improvement Districts: $6685.62/year Large MS4 Cities(Population> 5,000): $2,865.26/year Small MS4 Cities(Population> 5,000): $742.85/year In-kind matches from existing educational staff from within partner organizations are also encouraged. The WCD shall provide $13,477.35 of in-kind match to the program per year. As shown in Exhibit B, PARTNER contributions will be reviewed and adjusted on an annual basis, as needed. H. PAYMENTS L The services in Exhibit A provided by the HOST will be billed in accordance to Exhibit B. Invoices will be sent on a quarterly basis and will summarize the work performed. Invoices are payable within 60 days. 2. Office supplies, in-house reproduction expenses, and transportation are included in the overhead noted above. Out source reproduction, special bulk mailings and other direct costs beyond the actual current budget as established in accordance with the Annual Workplan (the combined contributions of each PARTNER)noted in Paragraph F are to be reimbursed at actual cost with prior approval from the PARTNERS. L EQUAL EMPLOYMENT OPPORTUNITY- CIVIL RIGHTS During the performance of this Agreement, the HOST agrees to the following: No person shall, on the grounds of race, color, religion, age, sex, disability, marital status, public assistance, criminal record, creed or national origin, be excluded from full employment rights in, be denied the benefits of, or be otherwise subjected to discrimination under any program, service,or activity under the provisions of and all applicable federal and state laws against discrimination including the Civil Rights Act of 1964. Page 19 of 94 J. STANDARDS The HOST shall comply with all applicable Federal and State statutes and regulations as well as local ordinances now in effect or hereafter adopted. Failure to meet the requirements of the above may be cause for cancellation of this contract effective the date of receipt of the Notice of Cancellation. K. DATA PRIVACY All data collected, created, received, maintained, or disseminated, or used for any purpose in the course of the HOST's performance of the Agreement is governed by the Minnesota Government Data Practices Act,Minnesota 1984, Section 13.01,et seq.or any other applicable state statutes and state rules adopted to implement the Act, as well as state statutes and federal regulations on data privacy. The HOST agrees to abide by these statutes,rules and regulations and as they may be amended. L. AUDITS,REPORTS,AND MONITORING PROCEDURES The HOST will: I. Maintain records that reflect all revenues,cost incurred and services provided in the performance of the Agreement. 2. Agree that the County, the State Auditor, or legislative authority, or any of their duly authorized representatives at any time during normal business hours, and as often as they may deem reasonably necessary, shall have access to the rights to examine audit, excerpt, and transcribe any books, documents, papers, records, etc., and accounting procedures and practices of the HOST which are relevant to the contract. The annual audit conducted for the Washington Conservation District that includes EMWREP activities. M. INDEMNITY No parry to this Agreement agrees to be responsible for the acts or omissions of another, its agents, officials, contractors or employees within the meaning of Minnesota Statutes section 471.59, subdivision Ia. Each PARTNER and HOST will hold harmless,defend and indemnify all other parties to this Agreement,their officers, board members, employees and agents for any and all damage, liability, cost or claim (including reasonable attorneys' fees)to the extent it is the result of its negligent act or of another action or inaction that is the basis for its liability in law or equity.The PARTNER agrees to provide proof of contractual liability insurance upon request. This paragraph does not constitute a waiver or otherwise diminish, any statutory or common law defense, immunity or limit on liability any PARTNER or HOST may enjoy as against any third party. N. INDEPENDENT CONTRACTOR It is agreed that nothing herein contained is intended or should be construed in any manner as creating or establishing the relationship of co-partners between the parties hereto or as constituting the HOST as the agent, representative,or employee of PARTNER organization for any purpose or in any manner whatsoever.The HOST is to be and shall remain an independent contractor with respect to all services performed under this Agreement. The HOST represents that it has,or will secure at its own expense, all personnel required in performing services under this Agreement. Any and all personnel of the HOST or other person,while engaged in the performance of any work or services required by the HOST under this Agreement,shall have no contractual relationship with the PARTNER and shall not be considered employees of the PARTNER. O. MODIFICATIONS Any material alteration or variation shall be reduced to writing as an amendment and signed by the parties. Any alteration, modification, or variation deemed not to be material by written agreement of the HOST and the PARTNER shall not require written approval. Contract extensions will be handled as a material alteration. P. MERGER Page 20 of 94 It is understood and agreed that the entire agreement of the parties is contained here, except as modified during the term of the Agreement by a writing under Paragraph O above concerning a non-material change,and that this contract supersedes oral agreements and negotiations between the parties relating to this subject matter. All items referred to in this contract are incorporated or attached and deemed to be part of the contract. Q. TERMINATION This Agreement will commence when executed by HOST and all PARTNERS and will continue until terminated. The Agreement will commence with respect to each additional PARTNER on that PARTNER'S execution of a signature page acceding to the terms of the Agreement. This Agreement will terminate immediately upon completion of the activities enumerated herein and the program duration expires. Any party to this Agreement may withdraw participation on an agreement-year basis with 60 days written notice to HOST prior to the annual anniversary date of the Agreement, with the actual termination date falling on the anniversary date. Pro-rated contributions will be returned to the terminated or terminating PARTNER. The HOST will promptly notify all PARTNERS of any PARTNER's termination. Termination by any one PARTNER will not constitute the termination of this Agreement. If HOST determines that PARTNER termination has resulted in inadequate funds to deliver the work products generally described in Exhibit A,the HOST will terminate the Agreement effective the anniversary date unless adequate funds can be procured. Termination by the HOST will constitute termination of this Agreement in whole and pro-rated contributions will be returned to each PARTNER. R. OWNERSHIP OF DOCUMENTS AND INTELLECTUAL PROPERTY All property of the HOST or a PARTNER used, acquired or created in the performance of work under this Agreement, including documents and records of any kind, shall remain the property of the HOST and the PARTNER providing the property. The HOST and PARTNERS shall jointly own and each party has the individual right to use, sell,license,publish,or otherwise disseminate any product developed in whole or in part during the performance of work under this Agreement. Durable goods purchased by the HOST, such as office equipment and computers, shall remain the property of the HOST. Page 21 of 94 CONTRACT BETWEEN WASHINGTON CONSERVATION DISTRICT AND MEMBERS OF THE EMWREP -LOWER ST. CROIX WATER EDUCATION PROGRAM HOST: Washington Conservation District PARTNER: City of Oak Park Heights Annual Contribution Amount: $742.85 Contract start date: January 1,2022 IN TESTIMONY WHEREOF the parties have duly executed this agreement by their duly authorized officers. APPROVED: PARTNER HOST BY: BY: Mayor or Lead Staff Date Title BY: BY: WCD Manager Date Title Approval as to form and execution: Date Page 22 of 94 EXHIBIT A SCOPE OF SERVICES EMWREP -LOWER ST. CROIX WATER EDUCATION PROGRAM HOST responsibilities: 1. Hire,employ and supervise the Water Resource Educator/s that will successfully serve the education needs as prescribed herein. 2. Obtain financial reimbursement from each PARTNER as prescribed in this agreement. 3. Work in good faith to achieve the goals identified in this agreement. 4. Maintain a strict accounting of all financial transactions. 5. Develop and disseminate annual summaries of accomplishments and budgetary analysis to partners of the EMWREP-Lower St. Croix Water Education Program. 6. Provide office space,office furniture,computer,transportation, and phone. Equipment purchased by the HOST will remain the property of the HOST following the term of this agreement. PARTNER responsibilities: I. Provide a single representative to the Steering Committee of the EMWREP-Lower St. Croix Water Education Program. This person shall actively participate in the Steering Committee and assist in employee selection,Annual Workplan Development, and other tasks as needed. 2. Provide funds for the EMWREP-Lower St. Croix Water Education Program described herein. 3. Provide appropriate and timely feedback to the HOST manager regarding the performance of the Water Resource Educator/s. 4. Share equipment, staff, and educational resources to facilitate Education Program planning and implementation. 5. As initiated by the HOST,discuss the progress of the Water Resource Educator/s and agree to take any action that is appropriate to ensure the successful fulfillment of project objectives. 6. Work with the Water Resource Educator/s to ensure that services are being used to address high priorities at the local level. Water Resource Educator/s responsibilities: 1. Prepare,coordinate, and revise EMWREP-Lower St. Croix Water Education Program Plan annually with the Steering Committee of the EMWREP- Lower St. Croix Water Education Program. 2. Review and advise watershed district PARTNERS annually on educational aspects of their watershed district plans. 3. Develop annual plan of work with the Steering Committee of the EMWREP- Lower St. Croix Water Education Program.Workplan will reference Washington County MS4 education programs and watershed district PARTNERS education plans. 4. Implement annual work plan,including planning,implementing,evaluating,and reporting on such anticipated activities as presentations,workshops,in-field training,demonstration projects, and published materials. 5. Pursue grants and other funding sources to enhance the EMWREP-Lower St. Croix Water Education Program. 6. Coordinate with"Watershed Partners"and other entities conducting water resource education efforts to minimize overlap and maximize effectiveness. 7. Maintain educational information for web-based EMWREP- Lower St. Croix Water Education Program. 8. Presents papers as appropriate at professional meetings within Minnesota. 9. Prepare annual education report(which meets MS4 requirements) and conduct shared MS4 annual meetings for participating EMWREP-Lower St. Croix Water Education Program members Page 23 of 94 EXHIBIT B BUDGET SHARED WATER RESOURCE EDUCATION PROGRAM ANNUAL BUDGET Staff Support and Overhead Materials Total Expenses Version 1: Existing EMWREP Partners $154,381.27 $10,000 $164,381.27 Version 2: Existing EMWREP Partners and Potential New Lower St. Croix Partners $178,352.28 $15 000 $193,352.28 MEMBERSHIP STRUCTURE AND FUNDING CONTRIBUTIONS Version 1: Existing . .artners . . artners and Potential New Lower St. Croix Partners PARTNER Annual PARTNER Annual Contribution Contribution SW W D $26,530.23 SW W D $26,530.23 VBWD $20,481.33 VBWD $20,481.33 BCW D $20,481.33 BCW D $20,481.33 CLFLW D $20,481.33 CLFLW D $20,481.33 CMSCW D $13,477.35 CMSCW D $13,477.35 RW M W D $13,477.35 RW M W D $13,477.35 RCW D $3,183.63 RCW D $3,183.63 Washington County $13,583.48 Washington County $13,583.48 MSCW MO $6,685.62 MSCW MO $6,685.62 Cottage Grove $2,865.26 Cottage Grove $2,865.26 Forest Lake $2,865.26 Forest Lake $2,865.26 Lake Elmo $2,865.26 Lake Elmo $2,865.26 Hugo $2,865.26 Hugo $2,865.26 Oakdale $2,865.26 Oakdale $2,865.26 Stillwater $2,865.26 Stillwater $2,865.26 Woodbury $2,865.26 Woodbury $2,865.26 Bayport $742.85 Bayport $742.85 Dellwood $742.85 Dellwood $742.85 Grant $742.85 Grant $742.85 Newport $742.85 Newport $742.85 Oak Park Heights $742.85 Oak Park Heights $742.85 St. Paul Park $742.85 St. Paul Park $742.85 West Lakeland $742.85 West Lakeland $742.85 Willernie $742.85 Willernie $742.85 Chisago County $6,685.62 Chisago SWCD $6,685.62 Chisago LID $6,685.62 Anoka SWCD $1,337.12 Pine County $1,337.12 Pine SWCD $1,337.12 Isanti County $1,337.12 Isanti SWCD $1,337.12 Wyoming $742.85 North Branch $742.85 East Bethel $742.85 TOTAL • Page 24 of 94 Oak Park Heights Request for Council Action Meeting Date July 21, 2021 Time Required: 1 Minutes Agenda Item Title: Adopt 2021-2026 Anticipated Capital Improvement Plan_ Agenda Placement Consent Agenda Originating Department/Requestor Eric Johnson, City Administrator Requester's Signature Action Requested Adopt 2021-2026 Anticipated Capital Improvement Plan Background/Justification (Please indicate if any previous action has been taken or if other public bodies have advised): Adopt 2021-2026 Anticipated Capital Improvements Plan; see attached memo and summary document. Page 25 of 94 City of Oak Park Heights, MN Capital Jinprovement Placa FY 121 tluu FY 126 PROJECTS BY DEPARTMENT Department Project# Priority FY'21 FY'22 FY '23 FY'24 FY 125 FY '26 Total General GON ernmcnt Computer:Replacements-Continuous GG 009 2 6,500 49,000 41,000 6,000 38,000 31,500 172,000 Cycle Replace High Capacity CopierlScanner GG 012 3 15,000 15,000 Replace Delta ORCAweb Software-HVAC GG 013 1 5,000 5,000 Controls Replace City Telephone System GG 014 1 17,500 17,500 General Government Total 29,000 49,000 56,000 6,000 38,000 31,500 209,500 Parks � install Trail-58th Str.to Upper Valley View PRK 001 5 200,000 200,000 Park Acquire DNR Property-Osgood Ave. PRK 002 5 500,000 500,000 Trail Segments to St Croix River PRK 003 5 250,000 250.000 Update Swager Park Playground PRK 004 5 75,000 75,000 Trail Maintenance PRK 008 1 20,000 20,000 20,000 20,000 20,000 20,000 120,000 Trail Construction-Osgood Ave PRK 011 3 500,000 500,000 Replace Park Fencing-Valley View& PRK 015 3 85,000 85,000 Swager Valley View Shelter-Replace PRK 016 5 450,000 450,000 Wood Bridge-Perro Creek PRK 017 5 100,000 100,000 Replace Autumn Hills Playground PRK 019 5 100,000 100,000 Equipment Replace"Easement"Walking Trails PRK 020 4 70,000 70,Q00 (Brekke,Swag... Brekke Park Hockey Boards PRK 023 4 80,000 80,000 Park Shelter Oak Park Crossing PRK 025 2 375,000 375,000 Replace Brekke Park Lower Ball Field PRK 027 3 40,000 40,000 Backstop Park Entrance Signs PRK 028 3 25,000 25.000 Brekke Park Climbing Structure PRK 029 3 40,000 40,000 Trail Connection to Upper Playground- PRK 030 2 100,000 100,000 Brekke Trail Connections to Ballflelds at Brekke PRK 031 3 100,000 100,000 Park Add Trail Connections OP Crossings to VV PRK 032 3 100,000 100,000 Park Add Swings to Oak Park Crossing Park PRK 034 2 30,000 30,000 Install Exercise Equipment Along TrailiIn PRK 035 1 30,000 30,000 Parks Deck Addition to East Side of Valley View PRK 036 3 30,000 3'0,000 Shelter Extend North Side of Valley View Shelter PRK 037 3 100,000 100,000 Trail Connection from VV Shelter thru PRK 038 3 300,000 300,000 Woods Trail Connection VV Shelter to North thru PRK 039 3 100,000 100,000 Ravine Produced Using the Plan-1t Capital Planning Software Page 1 ?Thursday,July 15,2021 Page 26 of 94 Department Project## Priority FY '21 FY'22 FY '23 FY '24 FY 125 FY 126 Total Parks Total 20,000 105,000 210,000 20,000 195,000 3,350,000 3,900,000 Police Replace SO=4705 2008 Fd.Expedition- POL 01 1 35,800 35,800 VIN A33178 Replace SD#4706 Fd Expedition-VIN POL 02 1 33,000 33,000 A33177 Replace SD#4702 2017 Police Utiltiy POL 07 1 53,700 53,700 Vehicle Replace SD#4704 Crown Vic-VIN# POL 08 1 48,565 48,565 99X13170 Replace Sgad#4704-2021 Ford Explorer POL 08-01 1 58,000 58,000 Replace SD#4703 20161 PPV SUV POL 10 1 48,555 48,565 Replace SD#4703 Police Utility Vehicle POL 10-01 1 58,000 58,000 Replace SD#4701 2016 Ford PPV SUV POL 11 1 48,565 48,565 Replace SD#4701 Police Utility Vehicle POL 11-01 1 58,000 58,000 Replacmentof Police Computers-IN Squad POL 12 1 11,700 4,000 15,000 30,700 Police Radio Equipment-Replace Radios POL 13 1 48,797 48,797 Emergency Siren Update-Replacement POL 14 1 20,000 20,000 fund Replace Squad Motorola Mobile Radios POL 15 1 18,750 6,250 25,000 Video Systems-Vehicles POL 16 1 48,140 48,140 Video Systems-Body Cameras POL 16-01 1 13,000 13,000 Computer and Software BodylVehicle POL 16-02 1 13,000 13,000 Video System Evidence Software and Tracking System POL 18 1 5,500 5,500 Police Department Office Chairs POL 19 1 4,200 4,200 Replacement of Taser Units POL 20 2 8,000 6,000 6,000 20,000 Replacement of Government Surplus M16 POL 21 3 17,500 17,500 Rifles Replacement of the Radar Speed Trailer POL 22 4 13,000 13.000 Replacement of Issued Handguns.40 POL 23 1 7,700 7,700 Caliber Glock Replacemnet of Squad Radar Units and POL 24 2 9,700 2,500 12.200 Handheld Police Total 323,132 103,100 23,500 19,000 215,450 36,750 720,932 Public Works � Ford F350 pickup(2017) PW 006 2 65,000 65,000 Replace 2017 Ford Pickup PW 007 2 65,000 65,000 Replace 2010 Ford 350 Pickup-General PW 008 2 50,000 50,000 Use Trail Snow Removal Equipment-BobCat PW 009 1 65,000 65,000 Tool Cat Replace Kubota Tractor$60,000 and Equip PW 010 2 90,000 90,000 $30,000 Wood Chipper PW 011 3 30,000 30,000 Replace Ford F550 Dump box truck PW 012 1 65,000 65,000 Update ESRI Mapping Software PW 014 2 13,570 13.570 Emerald Ash Bore Eradication PW 020 1 100,000 100.000 200,000 Public Works Total 253,570 165,000 65,000 130,000 30,000 643,570 sewer Utilit.' � Sanitary Sewer Lining-Continuous Sewer-306 2 150,000 150,000 Replace 9th Addition Lift Station Sewer-007 1 500,000 500,000 Produced Using the Plan-It Capital Planning Software Page 2 Thursday,July 15,2021 Page 27 of 94 Department Project# Priority FY'21 FY'22 FY '23 FY 124 FY'25 FY '26 Total Replace SCADA Software/hardware Sewer-009 nla 50,000 50.000 Sewer Utility Total 150,000 50,000 500,000 700,000 'Storm Sewer Utility Storm Sewer Catch Basin Rehabilitation STORM-003 4 40.000 40,000 Storm Sewer Utilio,Total 40,000 40,000 Streets Mill and Overlay Area 7 STREET-008 2 600.000 600,000 Mill and Overlay Area 1 STREET-012 2 292,725 292,725 Seal Coat Area 9,10,11(2014 St Recon STREET-013 2 49,000 49,000 Area) Seal Coat Area 12(2015 St Recon Area) STREET- 015 2 5&,500 56,500 Street Reconstruction-Area 14 STREET-016 2 874.000 874,000 Replace 62nd Street N(west of Osgood) STREET-017 2 85,000 85,000 Seal Coat Area 2 STREET-019 nIa 38,604 38,604 Norell Ave Interchange STREET-020 1 2,244,000 2,144,000 Seal Coat Area 3,4,15 STREET-021 Na 100,000 100,000 Streets Total 2,293,000 656,500 959,000 331,329 100,000 4,339,829 *Vater Utility Kem Centerto High School Loop Main WU 002 5 360,000 360,000 OakGreen to Osgood Loop Main WU 003 4 500.000 600,000 Osgood to Stagecoach Loop Main WU 004 4 600,000 600,000 Well#3-NEW WU 006 4 900,000 900,000 Water Storage Tank-NEW(Tank#3) WU 010 4 1,900,000 1,900,000 Water Meter Replacement Program WU 012 1 375,000 375,000 750,000 Well 42 Rehab WU 017 1 40,000 40,000 Well#1 Rehab WU 018 2 40,000 40,000 Chlorine/Chemical Booster or Feed Station WU 020 5 200,000 200,000 Water-Utility Total 415,000 375,000 40,000 4,560,000 5,390,000 Glt-k D TOTAL 2,918,702 1,683,600 1,673,500 481,329 678,450 8,508,250 15,943,831 Produced Using the Plan-It Capital Planning Software Page 3 Thursday,July 15,2021 Page 28 of 94 Oak Park Heights Request for Council Action Meeting Date July 21st, 2021 Time Required: 5 Minutes Agenda Item Title: Winnpark Business Center -Planned Unit Development Amendment-LOT 4 5650 Memorial Ave. N. 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 June 30th 2021 2. Approved Planning Commission Resolution—Unsigned 3. Proposed City Council Resolution. Page 29 of 94 3601 Thurston Avenue N, Suite 100 Endz ,u- Anoka, MN 55303 Phone:763.231.5840 Facsimile: 763,427.0520 TPCTPCO Plan n i ngCo.corn PLANNING REPORT TO: Eric Johnson FROM: Scott Richards DATE: June 30, 2021 RE: Oak Park Heights WINNPARK Business Center Planned Unit Development Amendment Review — Lot 4, Block 1, 5650 Memorial Avenue North TPC FILE: 236.02 —21.06 BACKGROUND Will Zintl, representing WINN, LLC has made application for a Planned Unit Development (PUD) Amendment and Design Guidelines/Site Plan review to allow the expansion of the building at 5650 Memorial Avenue North. A PUD is required in that it is a change from the site plan originally approved for the WINNPARK Business Center. The building at 5650 Memorial Avenue North will be expanded from 9,088 square feet to 24,40 square feet to allow for an expansion of the STO Prefab Panel Company. 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. The WINNPARK Business Center that includes the 5650 Memorial Avenue North building was approved by the City Council in April of 2000 for a PUD Concept Plan. As buildings were proposed in the development, PUD General Plan approvals were approved by the City Council. EXHIBITS The review is based upon the following submittals: Exhibit 1: Project Narrative Exhibit 2: Site Plan (A100) Exhibit 3: Floor Plan (A101) Exhibit 4: Exterior Elevations (A300) Exhibit 5: Exterior Elevations (A301) Page 30 of 94 Exhibit 6: Demolition Plans (AD100) Exhibit 7: Title Sheet (G100) Exhibit 8: Photometric Plan (E3) Exhibit 9: Fixture Specifications Exhibit 10: Floor Plan (M101) Exhibit 11: Survey with Notes on Trash/Recycling Exhibit 12: Survey Exhibit 13: Memo from Bopray Environmental PROJECT DESCRIPTION The Applicant has provided the following project narrative: Hi, my name is Will Zintl. My wife and 1 own W.A.T.E. ENTEWHISES, INC.; WINN, LLC.; AND ZINTL INC. We currently own 8 buildings in the WINNPARK BUSINESS CENTER. We have 35 businesses that rent from us. On April 9, 2027, we bought the 5650 building back. Zintl Inc. is a STO Prefab Panel Company. Our main office and warehouse are located at 5670 Memorial Avenue North. We currently have 24,599 square feet. We currently have 22 people in this facility. Our plan is to keep prefabbing at this location, and we have started prefabbing in our new 5650 facility of 9,088 square feet. Our plan is to increase the size of the building to 24,460 square feet. Also adding 20 -25 new people to this location. Zintl Inc. has been located here since 7995. 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, manufacturing and assembly is considered a conditional use. The expansion of that assembly operation for the prefab panel operation is considered part of the PUD review. The PUD is also required for the expansion of the building at 5650 Memorial Avenue North in that the site plan of the development is being altered. Setbacks. Section 401.06.B.15 of the Zoning Ordinance indicates that no building in a Planned Unit Development shall be nearer to another building than one half the sum of the building heights of the two buildings. Exhibit 2 indicates the proposed setbacks with the building expansion. The separation from building to building will be 35 feet on the north and 36 feet to the south, well within the setbacks determined by building heights. The building borders a wetland to the west. The expanded building will be at a minimum of 32 feet, six inches from the wetland delineation line. The City's wetland buffer requirement is 25 feet. 2 Page 31 of 94 Impervious Surface Coverage. The B-3 District limits the overall WINNPARK BUSINESS CENTER site at 80 percent impervious surface coverage. Exhibit 7 indicates the current and proposed impervious surface calculations. The site is currently 79 percent impervious. With the proposed building expansion, there will be 17.28 acres of impervious (80 percent) and 4.22 acres (20 percent) of green space. Traffic Circulation. Traffic circulation within the site will not be impacted with this site change and building expansion. The access plans and fire hydrant locations are subject to review and approval of the Fire Marshal. Parking. Exhibit 7 includes a table of existing and proposed parking for the development. With the building expansion, 186 parking spaces are required, and 348 parking spaces will be provided. Adequate disability spaces will also be provided with 14 onsite. Lighting. The lighting plans indicate that wall fixtures are to be installed on the north, south and east walls of the building. The fixtures are to be LED, full cut off. 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 and indicates that this will be complied with Signage. No additional signage, building wall or freestanding, is proposed with this building expansion. Building Height. The building height limit within a PUD development is 35 feet. The proposed building expansion will be 35 feet in height at the west elevation. Exhibit 4 indicates the height of the building at the lowest ground level on the west side of the building. Building height is calculated at the median ground level of the building, so the building height is well within requirements. Mechanical Screening. The plans do not indicate any changes to the existing mechanical equipment. Any exterior mechanical equipment, either on the roof or ground mounted will need to be screened in accordance with Section 401.15.E.10.e. of the Zoning Ordinance. Grading. Grading plans have been provided by the Applicant. The grading plans shall be subject to review and approval of the City Engineer. The Applicant has confirmed with Brown's Creek Watershed District that their review is not required. Trees. The Applicant has indicated that six to eight trees will be removed to allow the building expansion. A tree inventory of what is to be removed will be required. All tree removal and replacement plans shall be subject to review and approval of the City Arborist. 3 Page 32 of 94 Design Guidelines Architectural Guidelines Facade Treatments The building is to be expanded using the same materials and colors to match the existing facade. Ground Level Expression The change in ground level expression is not significant. Transparency The transparency will not change with the addition. Entries This is a commercial warehousing and assembly building where prominent entries are not required. Roof Design The expansion of the building will feature varying roof heights from the existing structure. Building Height The proposed building will comply with the 35-foot height limitations. Building Materials and Colors The building materials will match or be similar to the existing building. Franchise Architecture The building is not a franchise design. Site Design Guidelines Building Placement This is an expansion of an existing building. Parking Areas There is adequate parking provided. Storm water The drainage plans are subject to review and approval of the City Engineer. Pedestrian and Common Space Not Applicable. Landscaping No changes are proposed with the landscaping. 4 Page 33 of 94 Trees/Shrubs Addressed elsewhere in the planning report. Lighting Addressed elsewhere in the planning report. Signage Addressed elsewhere in the planning report. Pedestrian/ Bicycle Routes Not Applicable. CONCLUSION / RECOMMENDATION Subject to the preceding review, City staff recommends approval of a Planned Unit Development (PUD) Amendment and Design Guidelines/Site Plan review to allow the expansion of the building at 5650 Memorial Avenue North, subject to the conditions that follow: 1. All light fixtures shall be full cut off and be consistent with Section 401.15.8.7 of the Zoning Ordinance as it relates to lighting requirements. 2. All exterior mechanical equipment, either on the roof or ground mounted will need to be screened in accordance with Section 401.15.E.10.e. of the Zoning Ordinance. 3. The Planning Commission should comment on the building material selection. 4. The Applicant shall provide an inventory of the trees to be removed. All tree removal and replacement plans shall be subject to review and approval of the City Arborist. 5. The access plans and fire hydrant locations are subject to review and approval of the Fire Marshal. 6. No materials or storage of completed inventory shall be stored outside of the building. 7. All conditions of the PUD approvals granted for the subject site shall remain in effect and shall be enforced. pc: Julie Hultman 5 Page 34 of 94 PROJECT NARRATIVE WINN, LLC/ZINTL ADDITION 5650 Memorial Ave. No. Oak Park Heights, Mn. 55082 Hi my name is Will Zintl. My wife Ann I own W.A.T.E. ENTERPRISES, INC. WINN, LLC. and ZINTL INC. We currently own 8 buildings in the WINNPARK BUSINESS CENTER. We have 35 business that rent from us. On April 9, 2021 we bought the 5650 building back. Zintl Inc. is a STO Prefab Panel Company. Our main office and warehouse are located at 5670 Memorial Ave. No. Oak Park Heights. We currently have 24,591 sq. ft. We currently have 22 people in this facility. Our plan is to keep prefabbing at this location, and we have started prefabbing in our new 5650 facility of 9088 sq.ft. Our plan is to increase the size of the building to 24,460 sq.ft. Also adding 20-25 new personal to this location. Zintl Inc. has been located here since 1995. On Thursday June 10, 2021 Karen Kill from the Brown's Creek Watershed District e-mailed me that after reviewing our information because the wetland is not the DNR Public Waters Map and the property was subdivided before 2007,the BCWD buffer rule 4.0 will not apply.So that night as a family we decided to go back to our original plan which was 20' wider to the west than the previous plan that we submitted to the city before. Knowing that the City of Oak Park Heights, buffer is 25' and we needed additional storage and production area that's why we changed our minds.The new total size of the new building will be 27,680 sq.ft. Attached is the letter from Karen Kill Brown's Creek Watershed District. Any questions feel free to give me a call. Thanks, Will Zintl I AIM W-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.zintl@zintlinc.com I zintlinc.com I Facebook:Zintl Inc. DRYWALL I PLASTERING PAINTING I PREFAB Sb REgq EP94JUN 1 51021 zt- �i c -� m 0LU LO y'-r-E•ki.. �� t:V� .811 4 ". 'y--`p. .{i-. 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I LICE Page 41 of 94 eenmgf eW6 In unl Imi/CW hell �, T[ oixiaaia ��°6 sass visa c JNIa7Yina UNIZ d� eu uJ S• ;;;idkkLkk;;;kaki;kaaai;;ka a tii tkxLS R L; atttaktEiai;;xaxk;ka;;kat tkk;k;atattiii;a;ElLi:taLLaa;i;;Laa;att�l1 t;t a ki;;;kS:SaE t t SILL i;t 'e+kaati;t li i a;k44;S;atk-Eat;;;LaiSkiiL-a= :;ak;;;i6fi lEStaka;ttt;;Sai ELL:i;ak¢a; ;a;at;i; ii;;:Skkkt;fl;;i;aaa k;k k tk;a aaiEi;a;;;;;;{x 7 i;;a 4 i a a a i c;; ;;a k;k;E k i;;k k E S L E E t a k k i;E L a i;;;:,',S L a l S e t k ;a",iiiSaaaaa aii;;ia; liEta;aL ta;a56; ;tak;ktk;kk;iaaai;Ekkkka;a:_ Lk t, kk aa;as ;;; ;Sa' aa6;aa;aafk- aaaa iaa;tkaia;i a k;;x;:;S:L::k " E t k- - ' , e a i a a t;;f a 4 L E a i~i,~a k' a 6 a ;;;' ; ; t" a; ; ;a i w- i a k a k a k;a kk k i;i e i/T 6;E e ;a t L a ;;- t ; Ela g i a L a a y i -1 q a;a a - i �7,-r S {�;,-'c a._ i k i;k;`�- a c L ata a; a L s 6 a R",a;a Ffii a'srs ti e',k k;;e,;a= =.e-a s:;E k a ti ;S";k;k L%1 a' ma; Li:aa;;; 'IIJlJ555557 i54a :at a,i�a i'.=.>'.;;a;;{ai I ZLk4, �eL;a3Ea;;5i:Lt OL `L aaiaa;ai+6 P t {aaa k L S k t SaaaaLk4ai�;;;3;a;`i;;;L a a a t; ;iJ' S k k a,.:i{i a k'a;,a t t;k k;k 11-Z a kEEt;- a " ; :.;1L+;a:.aaaatiiik i I ai; I kkEk:.a;ia;:iii 1L 1L E: ; ;?L a'.aa- a;iisa;ti 1 ;aa aaai4'tt;tka w3La a;i kalat' i Ek .k;a:.aikiii;iL x S a a a a k L ;iii; — - '-- ~._.s-'' - - - --- - i E i c:kis a s a'k; klaala 11 a511 ;?e,a;a;;RSa;;Sk, l5-s;aa a'i;+;;,moi ; i S. tai';:ik•,La:,, ;�; ei4; aii � . ,y ki3 ,;;; aac ;E k- ;;;`';c;k a i' . •aaaa k k k kaa ;. ;• aiaaak 4LY� i+ka ;iL:.iE ka,k t t ta,;k :] 'a i�,ta;;;;LLL i ;;; ; �a,ktkki,aaxk, kCC Sita k;LiL t t t ki,akalk k caa ke kkk k kL:a�S 6 kkaaaaa X IL r i Eaa aae.:35 {; L:. kkt; ;; a;,;Ea" a;;t;f i ;ka Lia i�, 6ka.i i i M ; k;; a ;aki;k%tkt CSi ;ea';:3% ;.;. sita kt:::iii;iaiiRk;kt ! it S;,;it k� if k:' iwi;'s aaLLt;atk iie it 44a Ba a,L ;;q;:. kki Li;SRk;- to kl:;; II 5i ;k4a::;tw ; ; k;;i, :;; a;afiEw a,,,t;ipa i a;;; aa a i s'1 3 9 "s:_.;:L i ki i;a E; a a• 4 Z a g i t y a 2. t k;iia; x; a t k t k LLi k;aka;akEa~ iaLaa;ai;ik � - ;azei i aa;ya4gio �� a,a`iaiai{x.,t� ai3aL;a:kia :aL Lilo aLvaaaaa,;{;iiia. �i wii; i;aaa k;ti4as;;;: Gia ; ati; ;a:a 5;a -s� t-.;�x,a tattii kik; ;a :;a?i;7, aL aaaa {;;i; L;i; i'a:s tk+.i;;;a i i 4• a a i e.k;;;; i 11:.k a k L E L i RliaaSL;=.w;i' {; a;kik' Lttkac;i=.; aaLs. ;E;;i;3 a: a;::7aiiL Eiia;ii,kaCl;;a; ;4 vi t:.a k a:Z k,;:L 4 t;i aL 6 {Ea- ..L'a i;wiik3a aa;ktaiia4aiaktai k.taaiaikais" ;:a i Lk ki;ias.aa;ak;tEB , k6k•ti iiE,6akk�^ k6ktkii ;ttki;{aS;t't?'e-^.i l;al t;aaii;8 a;al a;a; ;a;;t i; :L5LL L3 LLtai33 a i a i i i e L k a k a f i;i k E i L;k i;t;;k k a;;t 4 k i i x a k k k k t t i L'i."; Lt:L - aak;ak;;,aE;akEik;;aEakttLkiaLLa;kktELLak;twhk LFLt;ia,i;aifLL ;kallak;•;E6;i{,ak;;iE;i;iS;;;kkk;;aSaL a a a a k i ii ilk;;atak;aii;;;k6Ei ata t a t;i a L a k t"s•u i;;;k S;;k a k l k k;t k a i k k;a a a i a i{i i 6 S a kSt;kLtkk ;aal;iiLlkktLi;;{ai xk k aisii;iaL4 ;i ak;i a`k;;akaiL;i Sta;:ai k ki;LEka;Lai;;L;k;;Laki46LLtE;kaak;54kekat;i;ki;;iii;a;kilk a i t L k k i k i 6 k k;t;a i a;L S k k i k E k k;a 6;k;;l;a;;L a L;%k a a a a c a i i i;5 k a t k i L a i i akkti;iakLk;ta;;kaLaEa;E4kk;alkaitkkk;kaak a k a L L kk ki k k;L;t a k ik;k;ki k;k;kLaLkka'vLi336xk;;ii;;k;k;ak;6ai;kkk;;k;LLaa;i;;Ei3;;;ti;;;;;;6 tEiaLiii;La;takl;;kLxaaCLkE;;aa k F.L t;L k;;a xa;ia a k 1L IL LaE:SSk kt;i:ki;;La;EEa;3. ;;L kkkkClti;;E;akai;;i;tkkLL;k;kk is;;;fi::ak5 La;kiaa;; LElktkia;;6a;t;fiat k4 kktk ILL ;;Elkak;'s t;Lii;6akktakki ka k AL ki;; LaSakii;:EakakaLkk;a a S k k;a k k k k a k a i k i kk t i l i a aii;l kaatakk;;;Ektkkk;ta;Ltk;t;;ii;EktkktEE;;;ixiakaakl3a;;;;aka a........a ....u..ue+yaeii+i siFaFeasa +s+ '- Lauy'e+i+alV ejs .V,�4aVe4 i r a ke�44 aaej S..aFsi+ FFL FV+6aai e F e qie + a aa+sea+rtF +VRrt,ip+rta a'F a as• ti aiV xai Veea;a is +le �i vie aaa+ eiaia i a ++aa rt rteaaaa.+F + aia art S64'a s'n+++aa N �Afat`�rti aeaaiea aaa as is l ny�Frta a e+F+ a Y x�'aaa^ae kr V a F,a+inert as eie e�a�eai+Fadi+ FF F ,a art a rt a'rii P ge 42 of 94 9 RSX2 LE® Area Luminaire Amy C. 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 lumens allowing it to replace 250W to 100OW HID 0.69 ft'(0.06 m') (ft'®0°): � luminaires. Length: 29.3"(74.4 cm) The RSX features an integral universal mounting (SPA mount) mechanism that allows the luminaire to be mounted Width: 13.4"(34.0 cm) 21111praffAA on most existing drill hole patterns.This"no-drill" Height: 3.0"(7.6"cm)Main e°dy solution provides significant labor savings.An 7.2 (18.3 cm)Arm easy-access door on the bottom of mounting arm welght. 30.0 les(13.6 kg) allows for wiring without opening the electrical (SPA mount) compartment.A mast arm adaptor,adjustable integral slipfitter and other mounting configurations are available. Ordering • - __.._.....EXAMPLE: RSX2 LED P6 40K R3 MVOLT SPA DDBXD RSX2 LED P1 30K 3DOOK A2 Type 2 Node MVOLT 112OV 277V)= SPA Square pole mounting(3.0"min.SQ pole for 1x 90`,:.5"rn;s-.SQ pole for 2,3,4 at W1 P2 41K 4004K R3 Tm3wide NVQLT (347V-48MI RPA FwKdFolet�rr�rrg,37."mfn.d�. �pclefar23,4at90°3.4"min.dlaRHDpole P3 50K 5000{, US Type35hort XV0tT (277V-48MI for Iat"Tr%a 1PG°3?117,01 P4 R4 Type4Wnde (srsespedficroltarfe MA Mast arm A ptor(fds2-316"4Dhodmntaltenan) PS 445 Tyee4Short options as nand) 15 Adjusta51eslipfitter(%2-310'ODtenor) r P6 R5 Type5wide' 124' 211' WBA 1N 0rackat' ASS Type 5%ort' 2081 3475 W111W Wagbracket With surfaoeonduitbox AFA Ammar*Ront kw 240' 480' RASP ` X90 ftwot*ftont Raw AARP Adjustable IR arm round pokmounting ` AightRmed AAWB Adjustable tftarm withwill bradz6 AFRL" Arr_omotMFrontkW AAWSC Adjuuabletit arm%W1brxkeiand wrkeconduit box ` Left Rotated UF7' Shipped kwailed Shaped hutalked DDW Dark Bronze HS House-sideshied' "Ainodahenit aW Nd"rhd Smsor%Koftals ffactory dwfauft settlng&we table pap 9) DO Rack PE Phatacan tbullonAylec' NLTAN12 rii_lghtAIR generition2"",11 DNAXD Namralftrainum PEX Photocontruladem.itY cladjustable',10 PAIN Networked,01-Levelmobonlambieresemor(fv use witbOAK)"'lbn DWHO White PER7 Sem-wlretwisHAremptackonly(no wntmis)0.1tun DDBTXD karturedDark Bronze CE34 bndlrkentry314'NP 0y2) `dote:PNNwkhniklhtAkan beRsedasastand6onedrnimbigsnaarwkheut-of-bmr DBLBXD Thriused Black SF Single fim(12D,277,347)' sett perasaxdrelessnetwatlredsalrr mSeefactory defauksettingstabk!Sam coverage DKATXD Textured NMI Akuninum DF Double fuse(29 240,480)5 panern h affected when hmddnalre Is tilted. DOW Textured Mite 5PP20P 24KVSusgepack(10KVstandard) Shipped Separately(ragelressome field aumbly) FAD Fkfda a EG5 Extemalglarediield` DMG 0-10Vdlromingextendoutbacksdhousingformernal EGFV External glare fidlAsor(360•around lightapemm)' control(cantrdordered ) BS Bird Spikes le 05 Dualswvltclang One Uthonia Way• Conyers,Georgia 30012 • Phone:140O-705-SERV(7378)• www.acuitybrands.com Lthonin RSM Area LER Rw.X4/29 ®2011.2021 Acuity Brands Lighting,Inc All rights reserved. Page 1 of 9 COMMERCIAL OLrFDWR Page 43 of 94 Accessories I rrP.sakxeuaon.00"otXbhbI@vAhwu tt Tr Oww�. wdKWaod�a.as.p:.o.r� "Mfigm ard.mcl andsi*Waeprea.fy 2 hiiroLr ddew aparsMa on any kw wliap*w 1202M M&O H4. Aairy Mande ea e.r.Sae sensaerlas P-"cap a-1 ded. 3 riwtTd wrap".wmwWlka,taeorn347aiwlsY/wlW. •Ilk=upp.dt.rfva. M. EM 1MI4a Ak*k(d Aadwirs 2*kw 4 IiVOLT driver not wo6bfa*0 P1.NOLTW&wan7 line 12 For wits with Wtion PEk7.dw naunig w»at be�asitdda ic4.45' kSiM(FWAV rslewalikmrilddp'e**1W vokgwlibbia mmhhuag hadzmW aim pxANN Ci7a.1 Ai0. islI7MSAIN(F0W)U RWbeeAieWisfir AIR WaNdepVrsUadMei2 ) (SF a DF)wdrat wai6lawkhFEorPDL 13 haorrnond"ll-11owi�yopfiasawaMkecanbiudWx%ng i>anl6rv(rixlilAu Frrt•ILYre6fMrr fjRswO 5 awe"'a+r s r"'lmurrruwr347tcoovbr.f.emFl + 14 wl 5s�y bmPff�P FOCILOP PS NW Ffi kS1f0ApM4SV1Y ASYVaiterrltesadPrleadrytrPMt(tFedylyddt) a idariwan*loWahwvshaconaL 1s mmWerdeadwxhPA>m. 7 kbewrdvWesan Tw M No**wsMV NV0LT. R4ll9tlAIF1IK10Y 1914YfAwalMadtM(iletllyfrklt)' s k*im1WV w34N. t7 MotbemleradwithNITA&Foraddo 'aid'wdw cmaFiRFlt�l anan R51IS[I(Ri1510U A915nk[emMskksWedhAwbMkrgewkhMY{14Y11lVnstlndsltQ 9 NwavairNeaeam6irWbmWill CdWightawirgeontrdapawa Vfkhere. DUUMI.SA ?hdoA-SQNrktas&(1W:I71V1e aPacrucanraCEammhina�PE.PDCPEk7.F/10,'JAFG, ',it noheadnwdwkhutueiw5ctarypr.Mv. A[L347r15NLlY rkMrt!#-SAatig4s&(ii79i" 10 �MSV,M%fCWN L 79 at �Em kepacDadm�&=A Cm&. EWMISORAt ?ftW-S1twrat4mijW0" • House Side Shield External Glare Shield External 360 Full Visor Pole/Mounting Informatii Accessories including bullhorns,cross arms and other adpaters are avaibble under the accessories tab at Lithonia's Outdoor Poles and Arms product page. Click here to visit Accessories. Round Tenon Mount-Pole Top SRplitters HANDHOLE ORIENTATION 7_.. IMAW 7,, ASM N) AS-sago As3�n9 �; L z-7n 1KAW �[sl -M ASIA-M urasam Asrccafa r6773-01 int,u r r Mri'M ASi35-al As13s,176 AST3s,77/ r` Drill/Side Location by Configuration Type D R �,_ q NNW Leaman SW 11 swrtsaa sw itfic ttwwrokadyl SWReae I suere[•u Ilxnd(wk n WMNamm.raat. �19A5 �aaaA orusAs wrl3zns �WJMS RSXPOLEDRILLING RSX2-L.urninsire EPA Template#8 T od Pole 'Includes luminaire and integral mounting arm. Other tenons,arms,bradtets or other accessories are not included in this EPA data. rte. 1.325' 9.M0' z.6so- R Plcsl SPA-S nrahkAdWim 0° ' D.A9 1.22 1.27 13 1t6i 2!! 1.37 2f6 2.74 IAM�t�ntiP•k 0,74 1.27 1.37 1.9 1.71 2.49 1.42 2.0 2N KA-MAi9ABkAdWili4r a61 IN 1.11 1.64 1.45 223 lz9 13 251 RSK STANDARD ARM III ADJUSTABLE ARM 0° to 1.22 1.27 13 1.i1 239 1.37 106 274 30° 033 136 1.05 131 137 22 1.06 1.59 2.12 + 2i° 032 1.02 133 132 1.33 2.02 1.03 US 237 30° 0.64 1.11 1.18 1.63 1.4S 2.21 1.27 1.91 2.54 xus• �_ � 40° 0.81 1,21 135 1.74 145 239 1.62 2A3 3X iV45P1AARP SAiapthl4 45° 0.91 125 13 101 1.75 2.4e 112 2.73 364 + 50' 134 1.13 2.17 261 2.56 3.62 2.6E 4.02 5.36 525• 60° 2z 2.97 3.57 4.24 4.17 539 A.41 "I R.82 Ar 226 4.13 4.7 S39 5.71 f21 5.71 L57 11A w 3.4 5.13 S. 7.34 7A9 10.21 6.79 10.19 13.59 + g0' 335 5.96 635 f3f 831 11.8 7.70 1136 15.41 One Lithonia Way• Conyors,Georgia 3OD12 • Phone:1-900.705-SERV(7378) •www.acuitybrands.com Lithoniw RSM Area LED L/THON/A Rev.09J24121. L/GHT/NG 02011x021 Acuity Brands Lighting,Inc.All rights reserved. Page 2 of 9 COMMERCIAL OUTDOOR Page 44 of 94 M . • To see complete photometric mporls or downW.ies Gies for this product,visit Lidw&luting§R5X Aran homepage. 6ofnotcandla plots for the RSM LED P640K.Distances are in units of mounting height(3101. LEGEND • s ! t • 1 2 3 6 4 2 t t s 1 x s 4 t 3 s 1 a t a s a 4 3 x , s t 2 3 a 0.1 fc r 3 I s1 3, 0.5 fc s � 2 1.0fc I a a a I + + R2 + R3 + R4 + 0. 4 3 2 1 . 1 x 3 4 4 3 z , a a I 3 3. 2 � s z q AFK90 + AFR +. AFRR90. Performance r_ Lumen Ambient Temperature Electrical Load (LAT)Multipliers use*ww fa,clora m datsrmin•rake"k"m ou"A for awerW arnN"uvTwacw s from 0,5M(32-122'F). rerteswa hdkx %'Mm WwM(v) 129V 2eav 240V 277Y 34N 4XV M 71W 0.59 0.34 030 026 a.7a a 15 Pz 1111'1 0.93 043 0.46 0.40 am 021 72M6" 1.05 P3 147W 123 0.70 0.61 am Cu 031 1.04 P4 187W 1.55 0.90 0.78 (.6e 143 9.33 1.03 PS 21ew 1.75 141 917 0.76 9.60 1'2 K 241I'd 2.03 1,17 1d1 0.969.70 0.51 1.01 2M 7rF 1.W Projected LED Lumen Maintenance 30V 86'F a." 35Y 95°F 0.93 Sam 75'09 1 1[10,000 40'C 104'F 0.97 x0.97 90.95 X0.92 4FT 113°f 099 ®� 4122°F 095 � ua collaiatad nroa q co ESN'TW141 m odoMogy sod rood up m 40'C ,. L/TAMMIA One Lithonin Way• Conyers,Georgia 30012 • Phone:14MO-705-SERV V378} •www.acuiTy6rands.com Uthonia RSX2 Aroo LED Rev.02!2417.1 !/GHT1N6 ®2011.2021 Acuity Brands Lighting,Inc.All rights reserved. Page 3 of 9 COMMERCIAL OUTDOOR Page 45 of 94 Performance Dat Lumen Output Ltatran valga acefrorn ° testsperfounad in accordance�ESNA LM-7M.Dm Is� � d.radto be esontoffool[dw r ten,ten" allowed by Lighting Facts.Conus f.� gar onn of data on my=0gumona not shown hers. R2 10140 ' 2 0 1 139 1 11,031 Z 1 0 1 1 153 11,1.31 2 0 1 153 M 10A05 2 0 2 141 1 7%992 2 0 2 155 11,992 2 0 2 ISS Ras 10,271 2 0 2 143 1 MW 2 0 2 1S7 lIX5 2 1 2 157 A4 1136 2 0 2 143 11,136 2 0 2 1S7 11.136 2 0 2 137 Pi 71W 14S 9,779 2 0 2 131 10,744 2 0 2 151 1%744 2 0 2 ISI M 102n 4 a 2 145 11 4 0 2 159 II m 4 0 2 159 155 105,2 3 0 1 149 tf 3 0 2 163 11,505 3 0 2 163 Am 10,121 2 0 1 141 1f 16 2 0 1 155 11,016 1 2 1 ISS AIM 10,122 3 1 2 140 11,121 3 1 0 1 2 154 11,121 3 C 2 154 ff" 10,114 3 0 2 141 11,167 3 0 2 155 11,167 3 0 1 155 A2 15,712 2 0 2 731 1703 2' 0 2 151 ITWI Z d 2 151 M 15687 Z 0 3 141 17m; 3 0 3 155 17 3 6 3 155 1135 16175 2 0 2 141 17,661 2 0 2 1s5 11,661 2 0 2 155 M 15.862 2 0 3 143 17,427 2 0 3 1S7 17,427 2 0 3 157 P2 111W 14S 15,304 2 4 2 138 f IS 2 0 2 151 16AI5 2 0 2 151 M 11,075 4 4 2 145 11 1 S 0 3 159 VAN 5 0 3 139 MS 16,502 4 0 2 149 11,130 4 0 2 163 11.130 4 0 2 153 AFR 1SA91 2 0 2 141 17 2 0 2 155 17,24 2 0 2 155 AFWN 15.041 3 0 3 139 17 4 0 3 153 VAN 4 0 3 1S3 AFL" 15,907 3 0 3 139 17,477 4 1 3 153 WN7 4 d 3 153 R2 1!,155 3 0 2 132 21,114 3 0 2 145 21,114 3 0 Z 145 M 191715 3 0 3 135 21,737 3 0 4 VA 21,737 3 d 4 141 135 21,312 3 0 3 135 22,317 3 0 3 149 2217 3 1 3 149 R4 2OA44 3 03 136 2ZO22 3 0 4 190 22,022 $ 0 4 150 147W 14S 1!,339 3 0 3 1 132 211,147 3 0 3 145 21,247 3 0 3 145 RS 2%313 5 d 3 1 130 24317 5 0 3 152 2Z317 5 0 3 152. 155 MM 4 4 2 142 S% 4 0 2 156 22.910 4 0 2 136 AM19A S 3 A 2 135 217+'5 3 1 0 2 140 21715 3 d 2 140 AMMO 20117 4 1 A 3 133 2199,2 4 0 3 147 21992 4 6 3 147 AFALM AIM 4 1 A 3 134 Am 4 0 3 147 AN4 4 6 3 147 1112 22,A16 3 I 0 7 120 75 3 0 2 132 250!0 3 0 2 132 R3 22,756 3 0 4 122 2W 3 0 1 4 134 2SA02 A 0 4 134 135 23-63 3 0 3 123 25,661 3 0 1 3 135 25,660 3 d 3 13$ R4 23,054 3 0 4 In 25,349 3 0 1 4 135 25,329 3. 0 4 135 P4 117,2 14S 22,243 3 0 A. 119 25059 # 0 3 134 25ASP 3 0 3 134 RS 23363 5 0 3 1,25 2549 5 A 4 137, 2SA0 S 0 4 137 US 23,30 4 0 2 129 26,354 4 0 2 141 4 0 2 141 Am 72,806 3 0 2 127 29.058 3 0 2 134 75.156 3 0 2 134 AF#R90 23 4 0 3 121 29 4 0 3 133 2g 29S 4. 0 3 133 A11Ll0 23.121 ! 0 3 I22 MAGI 4 0 3 134 25,40] 4 0 5 734 R3 26141 3 0124 721 3 d 2 135 20771 3 6 2 135 R3 26,00 3 0 4 124 70 3 0 4 136 A0 3 1 4 136 R15 76744 3 0 3 1.'25 29 3 0 4 131 29 3 1 4 1331 M 3 0 4 is 3 0 4 132 21.994 3 4 4 130 PS 210W 145 25,467 3 1 3 IN 27 4 3 0 3 133 27914 3 0 3 133 As _ 744 5 0 4_ 127 29 5 0 4 140 29,3,23 5 d A 14A RSS 27,454 4 0 3 131 AW 4 0 2 144 344163 4 d 2 10,4 Aral 26,106 3 a Z _114 Rom 1 . . A 2 137 zw 3 d 2 137 AFWR9A 266354 4 0 3 123 A955 5 d 3 136 MISS 5 0 3 136 AFRL94 26165 4 0 3 124 29,177 S 0 3 136 29A77 S 0 3 138. . 12 27AM 3 a 2.. ..112 AN 3 a 2 123 3074 3 d 2 173 M 275493 0 4 113 3 0 4 1M 31,26/ 3 0 _ 4 124 MS 21,213 3 a 1 115 31,075 3 0 4 126 31,075 _ 3 0 4 126 14 27,!09 3 0__ 4 174 3DAS_ 0 4 126 3%663 1 0 4 in P6 244,2 145 A'� 3 0 3 110. 79 3 0 3 121 2!,515- . 3 6 3 PI-- li 21214 5 4 4 _.118 31PS 5 _ _0 4 127 31,075 5 0 4 172 MS 29135 4 2 119 319.0_d5 0 3 131. 31,900 5 0 3 131 AFR 27,606 3 0 2 112 30 2 3 0 2 123 3%332 3 0 2 111_ ANN 27,172 4 1___ 3 113 30 5 0 3 124 30,622 5 4 3 124 AF1R90 77!19 4 0 3 113 3%7SI 5 0 3 125 30,751 5.. 3 3 1 One Lithonia Way• Conyers,Georgia 3W12 a Phone:14300.705-SERV(7378) a www.acuitybrands.com Lithonia RSX2 Area LED L/THOA//�4 Rev.02/24/21 L/!sNT/NG 02011-2021 Acuity Brands Lighting,Inc.All rights reserved. Page 4 of? COMMERCIAL OUTDOOR Page 46 of 94 Dimensions & Weight Luminaire Weight by Mounting Type II sPA 30in VA 12 In Au 30 VA WtA 33Ihs VVIUM 3i ft Is 33 w MSP 331115 Ma' 35114 MWR 34 los AAWX 391105 RSX2 with Round Pole Adapter(RPA) veva L FE lin �n r�o Length:30.3"(77.0 cm) Note:RPA—Round Pole mount can also be Width:13.4"(34.0 cm) used to mount on square poles by omitting Height:3.0"(7.6 cm)Main Body the round pole adapter plate shown here. 7.2"118.3 cm)Ann ,r RSX2 with Mast Arm Adapter(MA) L-- W 7/16'locking thru bolt/nut provided Length:30.6"(77.7 cm) Width:13.4"(34.0 cm) Height:3.0"(7.6 cm)Main Body 3.5"(8.9 cm)Arm RSX2 with Adjustable Slip�rtter(IS) L lu W IIF H - 7/8'KO-fits 112'NPT water-tight fitting Length:28.3"(71.9 cm) Width:13.4"(34.0 cm) Height:3.0"(7.6 cm)Main Body 7.6"(19.3 cm)Arm 7^ One Lithonia Way• Conyers,Georgia 30012 • Phom 1-800-705-SERV(7378) •www.acuitybrands.com Lithonia RSX2 Area LED e 2011-2021 Acuity Brands Ughting,inc.All rights reserved. Rex Paggee 5 S of 9 COMMERCIAL OUTDOOR Page 47 of 94 RSX2 with Wall Brackett(WBA) �000 4 Wall Bracket(WBA)Mounting Detail Length:31.2'(79.2 cm) ®OO ° 0 Width: 13.4"(41.7 cm) Height:3.0"(7.6 cm)Main Body '° pep ° 8.9"(22.6 cm)Arm RSX2 with Wall Bracket with Surface Conduit Box(WBASC) aaoco _1 Fill, 314'NPT taps with pi-:gs-Qty(4)provided Surface Conduit Box(SCB)Mounting Detail Length:32.8"(83.3 cm) o Width. 13.4'(41.7 cm) o Height:3.0"(7.6 cm)Main Body r° o 9.2'(23.4 cm)Arm p�p A, One Lithonia Wu Conyers,Georgia 30012 • Phone:1.800-705-SERV(73783 L shonia RSX2 Are.LED crryvivr.4 r• y � Rev.ozzaz, VA7A"VM" 0 2011-2(12,Acuity Brands Lighting,Inc.A11 rights reserved Page 6 of 9 COMMERCIAL OUTDOOR Page 48 of 94 e - • RSX2 with Adjustable Tilt Arm-Square or Round Pole(AASP or AARP) L, 7/8"KO-fits 1/2"NPT water-tight fitting i" i 0 Length:32.8"(83.3 cm)AASP ` 33.8"(85.9 cm)AARP Width: 13.4"(34.0 cm) NOTE: Height:3.0'(7.6 cm)Main Body RPA-Round Pok mount can also be used 7.2"(18.2 cm)Arm to mount on square poles by omitting the round pole adapter plate shown here. r° Notes AASP:Requires 3.0"min.square pole for 1 at 90°.Requires 3.5'min.square pole for mounting 2,3,4 at 90'. AARP: Requires 3.2"min.dia.round pole for 2,3,4 at 90'.Requires 3.0" min,dia.round pole for mounting 1 at 90',2 nt 180•,3 at 120' RSX2 with Adjustable Tilt Arm with Wall Bracket(AAWB) L r _ H 1 A11 7/8'KO-fits 1/2'NPT water-tight fitting Lu ,paoao s - Wall Bracket(WBA)Mounting Detail r ®Oo o Length:34.7"(88.0 cm) 'A ® ° Width: 13.4"(34.0 cm) Height:3.0"(7.6 cm)Main Body 8.9"(22.6 cm)Arm t, One Lithonia Way Con Georgia 30012• Phone: www 1-OM-705-SERV{7378) • .acui bds.com Uthonia REQ Area LEO Y' Conyers, ea r9 tYTanRev.02/24/21 L/Gf7iT//Vls 02011,2021 Acuity Brands Lighting,Inc.All rights reserved. Page 7 of 9 COMMERCIAL OUTDOOR Page 49 of 94 RSX2 with Adjustable Tilt Arm with Wall Bradcat and Surface Conduit Box(AAWSC) oaoa L • W tD 7/8"KO-fits 1/2'NPT water-tight fhng 3/4*NPT taps with u9s-Qty(4) P Surface Conduit Box(SCS)Mounting Detail Length:36.2"(91.9 cm) Width: 13.4"(40.0 cm) Height°3.0"(7.6 cm)Main Body 9,2"(23.4 cm)Arm Additional Reference Drawings I Option CE34 Rvkmme Dhmtidom is o Autimod"From Row-Rotated Optics(AFRL90/R90) AFRR90 AFRL90 ca-mm oovd . ........... lr 00 000v (Example;20180-arrows indicate direction of light exiting the luminaire) AF One Uthnnia Way- Conyers,Georgia 30012 -Phone:1-800-705-SERV(7378) • www.acuitybrands.com Lithonia RSX2 Area LED "rH0.01I Rev.02/24/21 LIAGM77#VS 02011=I Amity Brands Lighting,Inc.All rights reserved Page 8 of 9 COMMERCIAL OUTDOOR Page 50 of 94 NLTAIR2 PIRHN nUght Oft Om Sensor Coverage Pattern .r irz L ® 20 6.1 30 91 e c, 40 12.2 15.2 12.2 9.1 8.1 3 Om 3 6.1 9.1 12.2 15.2 so ear 50 40 30 ZD 16 011 10 20 30 40 50 b mer Top Side Motion 5en5ornefaultStfinq� r. ON, le Stu@Hiphl.vL4 Plret.cell 0wel]in. Rarrr�upTlme Il+tt�lowntikne OpIlen (arta..** (tdten.capied) operatl¢n (so"an,kn *W,) M.muesccrrpieimaccepiedQ ieeaoailidetatxtupledl N.TAIRZPR N Appm.3E% 100%OwW babliel013FG 1 7.5 minutes 3secend5--- Sai6aRa Sensor mage pattem haam IRM clsfaultsatfingsn est o°.Sona.. pattern Loaf rectited'and occiparpLysersortkne�.n d.la,'.r.r carAgr.sisl.a Ag iia.a.i�r Pts App. FEATURES&SPECIFICATIONS IINTENDED USE nLIGHT AN CONTROLS The RSX LED area family is designed to provide a long-lasting,energy-efficient solution for the one-for- The RSX LED area kmninaiee is also avaipabie with nUghta AIR for the ultimate in wireless control. one replacement of exiatirmg metal he lide or high pmssure sodium lighting.The RS)2 delivers 11,000 to This powerful controls platform provides out-cf-th"ex.basic motion sensing with photacontrol 31,Wf1 lumens and is Ideal for replacing 250W to 1000W HID pole-mounted tuminakw in pmk'mg lots functionality and is suitable for mounting heights up to 40 feet.No commissioning is required and other arae lighting applications. when using factory default settings that provide basic stand-alone motion occupancy dimming that N switched on and off with a built-in photocell.See chart above for motion sensor default out- The RSR LED IONania AND DESIGN luminaire features a rugged die-cast aluminum main body that uses heat- of-box nettings.For moms advanced wireless functionality,such as group dimming,Hight Alit can be commissioned dissipating fats and flow-through venting to provide optimal thermal management that both ruing s smartphone and the easy-to-use CLABRIiII app.nLight AIR equipped enhances LED performance and extends component life. Integral"no drill"mounting arm allows luminaries can be grouped,resulting in motion sensor and photocell group rasporsse withoutthe the kminaire to be mounted on existing pole drillings,greatly reducing installation labor.The 'seed for additional equipment.Scheduled dimming with motion sensor over-tide can be achieved light engines and housing are sealed against moisture and environmental contaminants to IP66. when used with the nLight Eclypse.Addhional information about nLight Air can be found here. The kswgrof le design results in a low EPA,allowing pole cioimSzation.Vibration rated per ANSI INSTALLATION C136.31:3G Mountings:Include SPA,RPq,MA,IS,AASI;AARP rated for 3G vibration. 1.5131 Integral"no-drill"mounting arm arrows for fart,easy mountino ming existing pole drillings.Select Mountings;Include WBA,WBASC,AAWB and AAWSC rated for 1.5G vibration. the"SPA"option foraquare poles and the"RPA'opf.or.to mca"to rouni poles.Note,the RPA FRiISH mount can she be used'.or mounting to square poles by omilt°ng;he RPA adapter plate.Select Exterior parts are protected by a zinc4rr.used Supor Durable TGIC thermoset powder coat finish he"MA"apCon to attach the a ninaire ie A 2 3/&"Forizorita{most¢nn or the"IS"op5on form that provides superior resistance to corrosion andweaUe®ring.A tiontiy rnntro{led multi-stage adjustable slipfitter that mounts rim a 2 3/0"DD4crion,Tie adjus-JAa sliPfitter has an in3egral process ensurers superior adhesion as well as a minimum finish thickness of 3 mils.The result is a (unction box and offers easy'alinglatio ll Can be tilted to totit above htel.Additionalwar ighqualityfinish that is warrerrtied net to crack or peel. moundings see available including a wall brae let adjustable t°lt tram for direct-to-pole and well and a surface conduit box for wall mount app,icatiwms. OIPTICS LISTINGS Precision acrylic refractive lenses are engineered for superior application sHiclency,distributing CSA Certified to meet U.S.and Canadian standards.Suk'able for wet locations.Rated for-4WC the light to where it is needed most Available in shat and wide pattern distributions including minimum ambient DesignLights Conso:tiuma(DLG)Premium qualified product And DLC qualified Type 2,Type 3,Type 3S,Type 4,Type 4S,Type a,Type SS,AFR(Automotive Front Raw)and AFR rotated AFRR90 and ARFL90. product.Not all versions of this product maybe DLC Premium q, confirmed or DLC qualified.Please check the Rt_C Qualified Products List at iv riecigp(joMs.oro!(: to confirm which versions are ELECTRICAL qualified. Light engine(s)configurations comist of high-efficacy LEDs mounted on:natal-coro circuit boards International Dark-Sky Association ODA)Fixture Sial of Approval(FSA)is available for nil products and aluminum heat sinks to maximize heat dissipation.Ught engines are IF66 rated. LED lumen on this page utilizing 3WOK color temperature only. maintenance is>L92/100,000 hours.CCT';of 3W0K,4W0K and SOWK(minimum 70 CRO are WARRANTY available.Class 1 electronic drivers ensure system power factor>9M and THD<20%.Easily 5-year limited warranty. Complete warranty terms located at: serviceable 10kV surge protection device meets a minimum Category C Low operation(PUTANSI/ wimac mlybrar., ar-supportlierms-and-conditr; 0 J p N I I I m' I i 11!r I I 1k !I �I I d i r ✓ :xrC r � Mfr xx x� meq. �--�---..... - _.__..._.__ '' .,:'...• - <^.•ry qq. �I Page 52 of 94 d o0 u P Ci NJ 41. t '4 R. ANORO L. app V U e 53 of 94 gill -.91 C', &I w t�" ` J '� � �� iii ' � � v P -J. AM 4b OF Sq SA k Ok ,axj fill age 54 of 94 bopraq Memorandum Environmental N7811 ?aeth 5t_ K-11 r FJ4 WI 54*33 712-3'07-4577 ki6orrss4P,4-&­-4­ To: Will Zintl, WATE Enterprises From: Kelly Bopray, Licensed Professional Soil Scientist/Certified Wetland Delineator Subject: WATE Addition, Wetland Buffers Date: June 3, 2021 The WATE Addition in Oak Park Heights was developed as a commercial PUD in the early 2000's. Although some of the buildings/retaining walls are close to the wetland it does not appear that there were wetland impacts when the site was constructed. Based on the site maps and on-site observations there were little or no upland buffer requirements when the site was constructed. Bopray Environmental Services (BES) understands you are currently proposing an expansion of the existing building 5650 and anticipate future development of the open lot at south end of the PUD. Wetland impacts are not anticipated but you will have to deal with setback/buffer issues. Because a wetland delineation from when the PUD was approved would be outdated, BES completed a new wetland delineation on the WATE Addition. The wetland field work is done, and the report will be completed and submitted to the City as soon as the surveyor can complete the map of the wetland boundary. Based on the preliminary survPv data. and the architects site elan. there would be between 49 and 68 feet between the wetland and the expanded building 5650 (see attached map). This will exceed the City's 25-foot buffer requirement. Browns Creels Watershed District (BCWD) also has buffer requirements that might come into play for the project. Karen Kill, Administrator of BCWD outlined these requirements in a 2/3/2021 email to you (attached). This email state "if the rule applies, the first step would be...a wetland delineation to determine where 75 feet would be on the property"for the BCWD buffer. Ms. Kill's email included a copy of BCWD Rule 4.0 for when their Buffer rule is applicable. BCWD buffer rule is applicable to land when both conditions a) and b) are true for a property. On the WATE Addition condition a) is true because the wetland on the west side is larger than one acre. Condition b)though is not true, because the site was not"subdivided, or E I V a Jtj 4d1� 1 E)opra.9 Memorandum Environmental N7&3 t 5Wth 5t. KJwer Faiia, '54<rZ2 (ii) subject to a new primary use, for which a necessary rezoning, conditional use permit, special use permit or variance has been approved on or after April 9, 2007 (for wetlands and groundwater-dependent natural resources other than public waters)." The rule also has an earlier date of applicability of"January 1, 2000 (for other waters)", but since we are dealing with a wetland on the WATE Addition and wetlands are specifically listed with the April 9, 2007 date, the other date would not be applicable. The BCWD buffer rule is not applicable to the WATE Addition based on the previous site development. Since the expansion of building 5650 is not a new subdivision or a new primary use of the site, the BCWD buffer rule would not be triggered for the current proposed project. This rule will be triggered when the south lot is subdivided, or the primary use is changed if it is subject to one of the "permits" listed in the rule. If you have any question, please feel free to call me. Page 56 of 94 5124/2p21 Yahoo Wail-FW:WATE FW: WATE From: Will Zintl(willzintl@zintlinc.com) To. kjbopray@yahoo.com Cc: bill.zintl@zintlinc.com Date: Wednesday,May 19,2021,07:26 AM CDT Hi Kelly, Please review this information from Karen Kill. Give me a call so my son Bill and I can talk this over with you. From:Karen sill y Klebru ry 3,20 1 E � SF_I$ Sent:Wednesday, February 3,2021 8:37 AM S ��� To:Will Zintl<VjllAI3U q zJn linc.c ami Cc: Steve Zintl<S & 'ntl _ZkdUUg,=> Subject: RE:WATE win, We discussed today the property at 6650 Memorial in Oak Pads Heights. According to SCWD Rule 4.0 Buffers: 4.2.9 Rule 4.0 applies to land.(a)adjacent to Brown's Creek;a tributary of Brown's Greek designated as a public water pursuant to Minnesota Statutes section 103G.005,subdivision 15;a lake,as defined in these rules, a wellan r or a groundwater-dependent natural resource;amend, (bJ fhat has been either(i) subdivided or(d)subject to a new primary use for which a necessary rezoning,conditional use permit,special- use permit or variance has been approved on or afterAi2dl , (Q&11VXWLdA and grvundwate"opendent natural resources other than public waters)ar anuary i, 2000(for other waters). The wetland on the west side of the property is curmtly inventoried as a Manage 1 wetiand public water requiring a 75 foot buffer if applicable. if the rule apolies,the first step would be to determine the wetland edge with a wetland delineation to determine where 75 feet would be on the property. I've listed the applicable wetland buffer resWcUons from the rule below. 4.4. Wetland Buffers. The following activities are prohibited within a wetland buffer, 113 Page 57 of 94 512412421 Yahoo Mail-FW:WATE (a) Creating impervious cover. (b)Excavating fill or placing fill or debris, except for temporary placement of fill or debris pursuant to duty- permitted work in the associated watercourse, in compliance with all conditions of the permit, and in compliance with section 4.6 (c)Altering vegetation, except for(i) vegetative enhancements, as approved in writing by staff;and(ii)the removal of invasive exotic species or of trees for disease control or revegetation.A tree larger than six inches in diameter at a point two feet above the ground may be removed only on written authorization from District staff on a determination that the function of the buffer will not be diminished. (d)Applying phosphorus-containing fertilizers, except on written authorization from District staff on a determination that phosphorus application is appropriate and will not injure the waterbody. (e)Locating roads or utilities, except pursuant to a crossing of the associated watercourse in accordance with section 4.7. Structures and appurtenances associated with the road or utility must not be located within the streamside zone unless no feasible alternative exists. Outlet, flood control and stormwater treatment facilities may be located within the zone if so approved under Rule 2.0 A full copy of the BCWD rules can be found fere & MSCO551F17%7"121oads/Ruies - FINAL rad process. 6 _ ,1J. Section 10.0describes the variance Best Regards, Karen Karen Kill,Administrator Brown's Creek Watershed District 455 Hayward Ave N Oakdale,MN 55428 651-331-8316(call) From:Will Zintl ltnailto Wll1 yirrtiozinflinc,cm Sent: Monday, February 1,202.1 2:18 PM To: Karen Kill<gKM@,trirlL3tfr. g� Cc:Steve Zintl< a Subject.WATF Hi Karen, I left you a voice message to give me a call. I have a few questions to talk to you about.Please give me a call at 651- 248-9797 Cell, 213 Page 58 of 94 Will Zintl From: Karen Kill <KKill@mnwcd.org> Sent: Thursday,June 10, 2021 11:52 AM To: Will Zintl; Kelly Bopray Subject: RE:WATE Addition, Oak Park Heights,Wetland Buffers Will/Kelly, Because the wetland is not on the DNR Public Waters Map and the property was subdivided before 2007,the BCWD buffer rule 4.0 will not apply. https://files.dnr.state.mn.us/waters/watermgmt section/pwi/WASH10F2.pdf Please keep us informed of your plans to determine if other rules may apply. Best Regards, Karen Karen Kill,Administrator Brown's Creek Watershed District 455 Hayward Ave N Oakdale, MN 55128 651-331-8316(cell) From:Will Zintl [mailto:Will.Zintl@zintlinc.comj Sent:Thursday,June 10, 202110:39 AM To: Kelly Bopray<kjbopray@yahoo.com>; Karen Kill<KKill@mnwcd.org> Subject: RE: WATE Addition, Oak Park Heights,Wetland Buffers Hi Karen, The W.A.T.E. PUD was finalized and recorded June of 2000. Is there any thing else you need from me? Let me know either way. Thanks, Will Zintl From: Kelly Bopray<�!hnrrnv 0 vahoo.com> Sent: Friday,June 4, 20213:35 PM To: Karen Kill<kkill@mnwcd.org> Cc:Will Zintl <WiII.Zintl@zintlinc.com> Subject:WATE Addition, Oak Park Heights, Wetland Buffers Karen, You previously had correspondence with Will Zintl about his plans to expand one of the building in his WATE Addition in Oak Park Heights. Bopray Environmental Services (BES)is working with Mr. Zintl on the wetlands and buffer issues. Mr. Zintl met with the City staff this week and is moving forward i RECEI f 9J EDUN 15 2021 with his site plans. He anticipates making an application to amend nis PUD for the expansion of building 5650 next week. I've look through your 213121 email and the BCWD rule 4.0 and it is our interpretation that the BCWD buffer requirements are not applicable to the current project (see attached memo). Could you please review the memo and confirm our analysis is correct or advise us of the specifics that would make the BCWD rule applicable. Thank you. Kelly Bopray Bopray Environmental Services, LLC kiboprav@vahoo.com 715-307-4577 z Page 60 of 94 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 WINN, LLC FOR A PLANNED UNIT DEVELOPMENT AMENDMENT, CONDITIONAL USE PERMIT AND DESIGN GUIDELINES/SITE PLAN REVIEW TO ALLOW EXPANSION OF THE BUILDING LOCATED AT 5650 MEMORIAL AVENUE NORTH, SHOULD BE APPROVED WITH CONDITIONS WHEREAS, the City of Oak Park Heights has received a request from Will Zintl, representing WINN, LLC, for a Planned Unit Development Amendment, Conditional Use Permit and Design Guidelines/Site Plan review to allow expansion of the building located at 5650 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 WINNPARK Business Center in 2000; and 5. The approvals included General Plan of approval for the building at 5650 Memorial Avenue North; and Page 61 of 94 6. Assembly and manufacturing are a Conditional Use in the B-3 Highway Business and Warehousing District. The Applicant has requested an expansion of the prefabricated panel operation at this location; and 7. A Planned Unit Development Amendment and Design Guidelines/Site Plan review is required to allow for the expansion of the building and changes to the site; and 8. City staff prepared a planning report dated June 30, 2021,reviewing the request; and 9. Said report recommends approval of the Planned Unit Development Amendment, Conditional Use Permit and Design Guidelines/Site Plan review subject to the fulfillment of conditions; and 10. The Planning Commission held a public hearing at their July 8, 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 Zind, representing WINN, LLC, for a Planned Unit Development Amendment, Conditional Use Permit and Design Guidelines/Site Plan review to allow expansion of the building located at 5650 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. All exterior mechanical equipment, either on the roof or ground mounted will need to be screened in accordance with Section 401.15.E.10.e. of the Zoning Ordinance. 3. The Planning Commission was favorable to the building material and color selection. 4. The Applicant shall provide an inventory of the trees to be removed. All tree removal and replacement plans shall be subject to review and approval of the City Arborist. 2 Page 62 of 94 5. The access plans and fire hydrant locations are subject to review and approval of the Fire Marshal. 6. No materials or storage of completed inventory shall be stored outside of the building. 7. 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 Sth day of July 2021. Timothy Freeman, Chair ATTEST: Eric A. Johnson, City Administrator 3 Page 63 of 94 ATTACHMENT A OT Planned Unit Development (PUD) Amendment, Conditional Permit& Design Guidelines/Site Plan. Review WINN LLC 5650 Memorial Ave. N. Washington County GEO Code: 06.029.20.24.0018 Legal Description: Lot 4, Block 1, WATE Addition Street Address: 5650 Memorial Ave. N. Page 64 of 94 ATTACHMENT S Planned Unit Development (PUD) Amendment, Conditional Permit&Design Guidelines/Site Plan Review WINN LLC 5650 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) Applicant- City Site Review Meeting: June 23, 2021 Planning Commission Public Hearing& Recommendation: July S, 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 65 of 94 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 FROM WILL ZINTL REPRESENTING WINN, LLC FOR A PLANNED UNIT DEVELOPMENT AMENDMENT, CONDITIONAL USE PERMIT AND DESIGN GUIDELINES/SITE PLAN REVIEW TO ALLOW EXPANSION OF THE BUILDING LOCATED AT 5650 MEMORIAL AVENUE NORTH, BE APPROVED WITH CONDITIONS WHEREAS,the City of Oak Park Heights has received a request from Will Zintl, representing WINN, LLC, for a Planned Unit Development Amendment, Conditional Use Permit and Design Guidelines/Site Plan review to allow expansion of the building located at 5650 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 WINNPARK Business Center in 2000; and 5. The approvals included General Plan of approval for the building at 5650 Memorial Avenue North; and Page 66 of 94 6. Assembly and manufacturing are a Conditional Use in the B-3 Highway Business and Warehousing District. The Applicant has requested an expansion of the prefabricated panel operation at this location; and 7. A Planned Unit Development Amendment and Design Guidelines/Site Plan review is required to allow for the expansion of the building and changes to the site; and 8. City staff prepared a planning report dated June 30, 2021, reviewing the request; and 9. Said report recommends approval of the Planned Unit Development Amendment, Conditional Use Permit and Design Guidelines/Site Plan review subject to the fulfillment of conditions; and 10. The Planning Commission held a public hearing at their July 8, 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 WINK, LLC, for a Planned Unit Development Amendment, Conditional Use Permit and Design Guidelines/Site Plan review to allow expansion of the building located at 5650 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. All exterior mechanical equipment, either on the roof or ground mounted will need to be screened in accordance with Section 401.15.E.10.e. of the Zoning Ordinance. 3. The Planning Commission was favorable to and the City Council approves the building material and color selection. 2 Page 67 of 94 4. The Applicant shall provide an inventory of the trees to be removed. All tree removal and replacement plans shall be subject to review and approval of the City Arborist. 5. The access plans and fire hydrant locations are subject to review and approval of the Fire Marshal. b. No materials or storage of completed inventory shall be stored outside of the building. 7. 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 21 st day of July 2021. Mary McComber, Mayor ATTEST: Eric A. Johnson, City Administrator 3 Page 68 of 94 ATTACHMENT A Planned Unit Development (PUD) Amendment, Conditional Permit&Design Guidelines/Site Plan Review WINN LLC 5650 Memorial Ave. N. Washington County GEO Code: 06.024.20.24.0018 Legal Description: Lot 4, Block 1, WATE Addition Street Address: 5650 Memorial Ave. N. Page 69 of 94 ATTACHMENT B . x . Planned Unit Development (FUD) Amendment, Conditional Permit & Design Guidelines/Site Plan Review WINN LLC 5650 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) Applicant- City Site Review Meeting: June 23,2021 Planning Commission Public Hearing& Recommendation: July S, 2021 Required Approvals: PUD Amendment & CUP City Council 415 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 park 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 70 of 94 Oak Park Heights Request for Council Action Meeting Date: July 21st, 2021 Time Required: 3 Minutes Agenda Item Title: Consider Date Amendment for August 24th City Council Meeting Agenda Placement New Business Originating Department/Requestor Mayor Mary McComber Requester's Signature: Action Requested Please see below—Discussion/Possible Action Background/Justification (Please indicate if any previous action has been taken or if other public bodies have advised): I may have a conflict with the Tuesday, August 24th CIty Council Meeting date; would the City Council consider holding its meeting on Tuesday, August 31, 2021. Page 71 of 94 THIS PAGE INTENTIONALLY LEFT BLANK Page 72 of 94 Oak Park Heights Request for Council Action Meeting Date: July 21st, 2021 Time Required: 3 Minutes Agenda Item Title: Update to City Administrator Performance Review Process Agenda Placement New Business Originating Department/Requestor: Carly Johnson, City Council Member Requester's Signature: Action Requested Authorize Update to City Administrator Performance Review Process Background/Justification (Please indicate if any previous action has been taken or if other public bodies have advised): I would like to request the City Council authorize the City Attorney to develop some new or amended performance or review protocols for the Office of the City Administrator. The intention would be to make these easier to complete, more informative and result in better dialogue. This is to be completed for use in August. Page 73 of 94 THIS PAGE INTENTIONALLY LEFT BLANK Page 74 of 94 Oak Park Heights Request for Council Action Meeting Date July 21st, 2021 Time Required: 5 Minutes Agenda Item Title: Consider Scheduling of Council Teambuilding Session Agenda Placement New Business Agenda Originating Department/Requestor Carly Johnson, Council member 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): During our goal setting session earlier this year the Council discussed possibility of holding a Council meeting/bonding session and to be generally held in two parts—Part I with Council Only/Part II to include Dept. Heads. Unfortunately,this matter was delayed due to COVID and the related meeting restrictions,but now that in-person meetings are now feasible,would the Council be interested holding such session(s)? If there a desire to have such a session(s)—should this be held this soon,such as in August or perhaps plan to do it sometime in December/January as part of 2022 goal setting?And,should these be held on a full-day or broken into smaller sessions? Another point to note as far as securing the services of a facilitator,Pam Whitmore (who did facilitate a City Council discussion in the past)is now at Eckberg Lammers and offers similar workshops to those that she offered while at the League (e.g.,Public Consensus Building and project initiatives,Roles and Leadership Training,Leadership and Working Collaboratively Workshop,etc.). Would Council be interested in having staff reach out to determine her services and designing a meeting with what workshop session she suggests? Page 75 of 94 THIS PAGE INTENTIONALLY LEFT BLANK Page 76 of 94 JU, - Oak Park Heights Request for Council Action Meeting Date July 21st,2021 Time Required: 5 Minutes Agenda Item Title: Municipal State Aid—Local Roads Agenda Placement New Business Agenda 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): PLEASE SEE THE ATTACHED MEMO Page 77 of 94 ' � Oak Park Heights Request for Council Action 7/15/21 MEMO TO: Mayor and City Council Members FROM: Eric Johnson, City Administrator RE: Municipal State Aid—Local Roads While staff have not yet received confirmation that the City will reach a 5,000 population,early reports from MNDOT Staff(Julie Dressel)indicate that it is anticipated and thus the City would be eligible to participate in the Municipal State Aid Street Program. The general basis of the MSAS stems from the MN Constitution—Article XIV: Sec. 4.Municipal state-aid street system—"A municipal state-aid street system shall be constructed, improved and maintained as public highways by municipalities having a population of 5,000 or more in the manner provided bX law". The Municipal State Aid Street System (MSAS)is generally intended to be a mechanism to identify and fund a "backbone" system of collector and arterial streets. The city is to identify roads to be built or upgraded to certain MSAS standards as part of this system. The total mileage of these roads can be up to 20 percent of the city's total street miles. These funds can then be used to construct the streets designated on the MSAS System. The City would expect to receive annual state funds to be used to upgrade and maintain certain streets to Municipal State Aid standards. Streets must meet the following criteria to be selected for the Municipal State Aid System: • They are projected to carry a relatively heavier traffic • They provide an integrated street system. volume or are functionally classified as collector or • They connect roadways which are MSAS arterial streets. streets,county roads,county state aid • They connect the points of major traffic interest within an highways or trunk highway. urbanized municipality. In anticipation of this, STANTEC has prepared a proposal that would initiate the City's entrance into that MSAS and would allocate funds to a specific roadway meeting the general criteria—see attached. At this time,we do not know the funding scope from MSAS on an annualized basis but this would be discovered through the STANTEC process. Lee Mann will explain this process further at the 7/21/21 Council Meeting. It is recommended that the City Council approve the proposal from STANTEC for$9,200 but contingent upon receiving affirmation that the City would be eligible for such funds with its population exceeding 5,000. Funding would be derived from the City's Street reconstruction Fund—Fund Balance of$3,313,000. Two points to note: 1) The City is not obligated to participate in such MSAS. 2) Entities such as Washington County and MNDOT quickly lump MSAS cities into groups being able to fund their projects as some form of matching or cost-share capacity. This happens despite this being an arbitrary-criteria with no correlation between this funding and such responsibility in the State Constitution or MN Statutes.The City has seen this with County polices and with MNDOT during the St. Croix River Crossing Project. These State or County expectations that MSAS cities participate in their projects can defeat the purpose of receiving MSAS funding which is to offset or supplant City Taxpayer costs for its own roadways. Page 78 of 94 Date: July 15, 2021 Eric Johnson, City Administrator City of Oak Park Heights 14168 Oak Park Boulevard North Oak Park Heights, MN 55082 Re: Oak Park Heights Municipal State Aid Assistance Proposal As the City of Oak Parks Heights has recently crossed the threshold population of 5,000, the City is now eligible to be part of the Municipal State Aid Streets (MSAS) system. This proposal outlines the tasks and associated costs for Stantec to assist the City with the steps necessary to be become part of the MSAS system. The total estimated hourly not-to-exceed fee for these services is $8,700 with an estimated not to exceed $500 in expenses, for a total estimated fee of$9,200. Task 1: Inventory of City Streets Stantec will utilize the City provided spreadsheet that inventories the centerline miles of the streets/roads in the City. Stantec will coordinate with the city to account for any additional mileage required to complete the Certification of Mileage form. Additional mileage would include segments for County Roads, CSAH, State Highways and any applicable roadway turnbacks. Deliverables: 1. Roadway Inventory Spreadsheet Complete spreadsheet which includes all relevant roadway segments required for completion of Certification of Mileage Form. Task 2: Develop the MSAS System/Certification of Mileage/Representative Figure Stantec will complete the Certification of Mileage Form using the previously determined street data. A proposed draft State Aid System will be developed based on State Aid Rules criteria for road selection and termini requirements. Stantec will produce a draft MSAS system figure for City and State Aid review and approval. This task includes one (1) meeting with the City and one (1) meeting with the State Aid office. After City review and approval of a proposed Municipal State Aid System, Stantec will submit for State Aid review and approval. Deliverables: 1. Certification of Mileage Form 2. Proposed Municipal State Aid System map Task 3: Input Route data into the State Aid Needs Program The Construction Needs component of the Municipal State Aid System is coordinated using an online database of State Aid segment data. The State Aid Office uses this data to compute on a yearly basis the Construction Needs for each City. Upon approval of a Municipal State Aid System by the State Aid Office, Stantec will input the appropriate system data into the online Municipal State Aid Needs Program. Deliverables: 1. Input Municipal State Aid System data into State Aid online Construction Needs Program. Page 79 of 94 Task 4: Draft Resolution for Council Approval and Produce Maintenance Form for State Aid Documentation To complete the process of establishing a City's Municipal State Aid System, a Commissioner's Order needs to be approved. To request a Commissioner's Order the City must submit an approved City Council Resolution establishing a Municipal State Aid System. Stantec will provide a draft resolution for the City's use to submit for City Council authorization to establish a Municipal State Aid System and submit the executed Council Resolution to State Aid. The City's proposed annual apportionment is comprised of funds calculated based on population and Construction Needs. The total annual apportionment distributed to the city is split into two accounts including Construction and Maintenance. The City can choose from three options to disperse Maintenance Funds. 1. $1500 per State Aid System mileage 2. 25% of total annual apportionment 3. 35% of total annual apportionment (requires additional reporting) Based on the City's preference, Stantec will prepare a letter outlining the amount of annual apportionment be allocated to Maintenance. The City has the option to amend its preference on an annual basis by submitting a letter request to State Aid. Deliverables: 1. Draft City Council Resolution establishing a Municipal State Aid System for approval by City Council. 2. Submit an approved City Council Resolution establishing a Municipal State Aid System to State Aid and request completion of a Commissioner's Order. 3. Prepare Maintenance Fund Allocation Letter for submittal to State Aid Stantec is prepared to begin work on this process immediately. It is anticipated that it will take three to four months to complete this process with the State. This letter and scope of services represent the understanding between the City and Stantec in respect to the workplan outlined above and may only be modified in writing signed by both parties and is subject to the current Master Services Agreement between the City and Stantec. If this letter satisfactorily sets forth conditions of our Agreement, please sign in the space below and return one copy to our office. Thank you for the opportunity to provide these services. Page 80 of 94 CITY OF OAK PARK HEIGHTS By Eric Johnson, City Administrator Print Name and Title Date If you have any questions, please do not hesitate to contact me at (612) 712-2085. Regards, Stantec Consulting Services, Inc. Lee M. Mann, PE (MN, WI CA) Principal Phone: 612-712-2085 Lee.Mann@Stantec.com Cc: file Jeff Preston, Stantec Page 81 of 94 THIS PAGE INTENTIONALLY LEFT BLANK Page 82 of 94 �01 - Oak Park Heights Request for Council Action Meeting Date July 21st, 2021 Time Required: 5 Minutes Agenda Item Title: Approve Agreement Authorizing—Bike Event for Sunrise Rotary on 8/15/21 -Bridge the Valley Agenda Placement New Business Originating Department/Requestor Eric Johnson, City Administrator Requester's Signature Action Requested Authorize the Sunrise Rotary Bike Ride Event—2021 —Subject to Final Agreement. Background/Justification (Please indicate if any previous action has been taken or if other public bodies have advised): The City has received a request from the SUNRISE ROTARY group that would like to hold a bike ride event on August 15th, 2021. This year, this event is hoped to take place in the St. Croix Valley—see the enclosed maps and is estimated that 1,500+ riders would take part in the various loops. This event is not a race, but rather a participatory ride. Mr. Rick Heidick from the Sunrise Rotary will be present at the 6 PM Meeting to offer more information. Attached is a draft agreement that should satisfy City concerns, including garbage clean-up, emergency planning, rest-stops and rider safety. A request for funds of the standard $1,000 escrow and $500 impact fee will need to be paid prior to signing by the City of the Permit Agreement. Requested Action: Authorize event to be held within the City and authorize staff to work with the applicant to finalize the Agreement subject to the final terms and conditions as may be required by the Chief of Police and City Administrator Page 83 of 94 MAN 1611 BRIDGE THE VALLEY— Bike Rally Sunday, August 15th, 2021 Sponsored by: Stillwater Sunrise Rotary Club Event Emergency Plan The Bridge the Valley— Bike Rally will have six routes that all start and finish in downtown Stillwater, at the end of the lift bridge. This is our first year for the event, so we do not have a good estimate of the number of riders. Our current estimates (based on registrations) is a little over 300, but there is the potential for more and we are capping the ride with a maximum of 1500 total registered riders We have notified every county and municipality where this ride passes through, and each county and municipality has submitted the event plans and routes to their police, fire, and emergency personnel. We are working with Washington County to address all of the major county road crossings. The Washington County Sheriff's dept has determined eight road crossing that constitute some degree of risk to the event participants due to crossings of busy roads. Three other roads with trail crossings have been designated as needed an event volunteer to be at the crossing and assure that the event participants are stopping and crossing the roads safely. We have also reviewed the event with Lakeview Hospital and Washington County EMS. There will be six emergency vehicles stationed around the event: • 2 at the Stillwater downtown hub • 2 at the Wisconsin Blue Star Trailhead site • 1 in North St. Paul • 1 to be a floater and be positioned wherever necessary We will also have designated as route "sweepers". These individuals will be in cars/trucks/vans traversing the event routes and will stop and address any event participant who needs assistance or is in distress. Emergent Management Plan — Day of Event • All riders will be instructed to call 911 if they are in distress—from anywhere they are on any of the courses • Washington County(MN) and St. Croix County(WI) are on alert with resources available • Emergency vehicles are strategically stationed around the routes • A mobile phone number of an Event Team person will be provided to all participants to call if they have any issues on the routes. This point person then will immediately connect the participant to the appropriate resource. • Event volunteer"sweepers" will be traversing the routes and respond in the case of any rider that they see is in distress. The sweepers will not administer medical aid, but can call emergency for the rider or carry the rider and bike to the appropriate location. Page 84 of 94 • Sheriffs Deputies and event volunteers stationed at the intersections and trail crossings that pose the most safety risk for the participants. Please let me know if you need any other information for this event. Thanks. Rick Rick Heidick Stillwater Sunrise Rotary Club Bridge the Valley—Bike Rally(co-lead) artvhide@gmail.com 651-274-6351 Page 85 of 94 Exhibit A: ROUTE MAP „X �m 75th-Street hJnrfh 1I y.crrr stilr a Detail «C» Detail;` Detail `B" est NOM7 FULL ROUTE MAP Vft Y t i .h- ti° b D m° a 1 x �O Q DETAIL "A" Page 86 of 94 _ r h;artfi�tvorth Frp�g :r 59th Street North a m 510 ro 2 A O a © a t 0a k dr eights 57th Street North 57th Street North = : Upper 56th Street North �a Notts ee`ta . tee� DETAIL "B" —_p l.ra �+ ��r'� L!•L'1..t1`I"11Pf i�kl:'yy1?. . . � ao th Street North 'R t m c DETAIL "C" Page 87 of 94 CITY OF OAK PARK HEIGHTS — STILLWATER SUNRISE ROTARY BICYLE RIDE AGREEMENT —2021 THIS AGREEMENT is made this day of , 2021 between the CITY OF OAK PARK HEIGHTS, Washington County, Minnesota ("City"), and the STILLWATER SUNRISE ROTARY CLUB, a non-profit corporation, hereafter referred to "SUNRISE ROTARY". RECITALS 1. The City hereby authorizes SUNRISE ROTARY to route the "2021 Bridge the Valley—Bike Rally" ("Ride") through the city in order to foster and promote tourism/commerce within the City and the St. Croix River Valley. The Ride route will be signed on August 13th , 2021 and held on August 15th, 2021 2. Ride Routes. (See Map — "Exhibit A") SUNRISE ROTARY shall provide all final route maps to the City not later than August 1st, 2021. No route deviations shall occur in the City without the prior approval of the Chief of Police. 3. Fees. SUNRISE ROTARY will pay to the City an impact fee of $500. This fee and required escrow(see Section 8)shall be remitted to the City by August 1,2021. If the amounts are not received by August 1, 2021 the Ride will not be permitted to be run in the City and this Agreement shall be void. The $500 impact fee may be reimbursed to SUNRISE ROTARY by the sole discretion of the City Council if the Council determines that the SUNRISE ROTARY is a benevolent, charitable organization whose purpose in conducting this event is to raise funds for Page 88 of 94 charitable purposes. This reimbursement request must be made to the City prior to Dec 31", 2021 with documentation provided that such event meets the City defined criteria. Rider/Traffic Control. The identified critical route intersections within the City of Oak Park- Heights arkHeights will be controlled by Sheriff Personnel or forces of the Sunrise Rotary. There shall be no City Police involved in the management or monitoring of the race route. In addition, homes on the course shall receive a direct mailing from SUNRISE ROTARY, not later than August 1st, 2021 informing them of specific Ride times and will be given a direct"Rideline"number to reach on Ride day; such number will be staffed from 6:30am through 5:OOpm on the day of the event. 5. Signage Removal: All route signs will be removed by SUNRISE ROTARY no later than 10:00pm. the day of the Ride. 6. Garbage and Rubbish Removal. All garbage and refuse generated by the Ride, including that left by spectators,will be removed properly and disposed of by sundown on the day of the Ride by SUNRISE ROTARY staff and volunteers. SUNRISE ROTARY will be responsible to reimburse the City for any subsequent cleaning determined to be necessary by the City as a result of the Ride. 7. Insurance, Hold Harmless, and Indemnity. SUNRISE ROTARY agrees to indemnify and hold harmless the City with regard to any claims, causes of action or demands that might be brought against the City arising out of the events authorized by this Agreement; and further, SUNRISE ROTARY agrees to provide to the City evidence of insurance coverage of at least$1,500,000 of combined single limits covering claims that might be brought against them that arise out of the events authorized by this Agreement and to name the City as an additional insured Page 89 of 94 on their policy. This proof of insurance shall be provided to the City Administrator not later than August 1st, 2021. 8. City Costs. SUNRISE ROTARY must reimburse the City for all costs (if any) incurred by the City to allow such Ride,including but not limited to City Police Department,Public Works Department, Fire Department and as needed to safely conduct the Ride as agreed herein. A refundable escrow deposit of $1,000.00 shall be made to the City by SUNRISE ROTARY no later than August 1,2021. This amount shall serve as a security to the City and shall be reimbursed to SUNRISE ROTARY at such time SUNRISE ROTARY pays to the City all fees or costs incurred by the City and/or penalties due. The City shall invoice SUNRISE ROTARY within 30 days of the Ride for all City costs incurred for the Ride. 9. Term. The term of this Agreement is for six-months from the date of signing unless terminated earlier by the City in its sole discretion for cause. In the period immediately following the Ride, the City agrees to meet and confer with SUNRISE ROTARY, in order to evaluate the impact of the Ride on the community. If the evaluation reveals a positive impact on the community, the City agrees to consider subsequent contracts. 10. MNDOT / Washington County. This Agreement shall become immediately void and SUNRISE ROTARY may not hold the Ride in the City unless and until it provides a copy of its written permission / agreement document from both the State of Minnesota and Washington County. Copies of these documents must be provided to the City not later than 4:00 pm August 1, 2021. Failure to provide these documents by such date and time will result in the automatic revocation of this permit. Upon the receipt of these documents, these documents shall be affixed to this Agreement as "Exhibit B". Page 90 of 94 11. Penalties. Failure on the part of SUNRISE ROTARY to comply with any specific or general provisions of this Agreement, including the providing of the required documents and actions may result in the City implementing monetary penalties in the amount of$200.00 for each violation and/or the City revocation of SUNRISE ROTARY's permission to hold this Ride within the City. The City will provide written notice to SUNRISE ROTARY for each violation and will bill SUNRISE ROTARY for such violation,holding any escrow as security until payment is made in full. The City may also conclude, through the decision of the Chief of Police that SUNRISE ROTARY has not provided the required documentation and in the required timelines and the City may then revoke the permission to hold the Ride within the City limits, as determined by the Chief of Police. It remains SUNRISE ROTARY's responsibility to provide the required documents in a fashion wholly consistent with the dates stated in this Agreement. 12. Joint-Use. This Agreement does not provide SUNRISE ROTARY with sole permission to utilize the City streets and right-of-ways along the approved route. SUNRISE ROTARY and its event participants are obligated to use extreme caution while participating and executing this event. Unless explicitly stated herein, no authority is granted to SUNRISE ROTARY to preclude any other use of public thoroughfares by the traveling public. 13. Emergency Operations Plan. SUNRISE ROTARY shall have a written Emergency Operations Plan and shall be provided to the City not later than August 1st,2021.Failure to provide the City with a reasonable and professional Emergency Operations plan shall result in the City not Page 91 of 94 permitting the ride to move through the City. The Emergency Operations Plan shall be affixed here to as "Exhibit C." 14. The City makes no warranty that the route and/or roads selected by SUNRISE ROTARY are in a condition that best suits this planned event. The City maintains its roadways consistent with the minimum standards as required by law. The use of all such roadways is non- exclusive and all riders shall obey all traffic laws. SUNRISE ROTARY is obligated to address any roadway conditions that it may deem unsafe for its riders and correct such deficient or re-route its riders to a safe alternative. IN WITNESS WHEREOF, the parties have set their hands effective the day and year first written above. SUNRISE ROTARY City of Oak Park Heights By By Rick Heidick Mary McComber, Its Mayor Stillwater Rotary Club—President-Elect Bridge the Valley-Bike Rally - Chair ATTEST: By Eric Johnson, Its City Administrator Page 92 of 94 Exhibit B: MNDOT (STATE)/Washington County Approvals MnDOT: Being finalized and will be forwarded separately prior to August 1st, 2021 Washington County: Completed, approved permit is attached separately City of Stillwater: Completed, approved permit is attached separately Page 93 of 94 Exhibit C: Emergency Operations Plan Emergency Operations Plan is completed and attached separately. Page 94 of 94