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HomeMy WebLinkAbout11-23-2021 Council Packet CITY OF OAK PARK HEIGHTS CITY COUNCIL MEETING AGENDA TUESDAY, NOVEMBER 23, 2021 6:OOPM or upon conclusion of preceding worksession This meeting will be conducted in person at City Hall Council Chambers AND by video/telephone conference due to the ongoing COVID-19 health pandemic. The meeting will follow the provisions of Minnesota Statute § 13D.021. Members of the public may either attend the meeting in person at City Hall in the Council Chambers or may remotely listen to the meeting as provided in 13D.021, Subd. 3, subject to such person paying for any added cost incurred by the City as a result of the additional connection. The open meeting can be viewed remotely online at: https://us02web.zoom.us/i/4786278054 or by calling (312- 626-6799)and entering meeting ID 4786278054. Please contact the City at 651-439-4439 or jpinski@cityofoakparkheights.com in advance of November 23, 2021 if you have any questions about attendance or access. 6:00 p.m. L Call to Order/Pledge of Allegiance/Approval of Agenda Estimated times 6:05 p.m. IL Council/Staff Reports A. Mayor McComber B. Councilmember Dougherty C. Councilmember Johnson D. Councilmember Liljegren E. Councilmember Runk F. Staff • Recycling Award (pg. 3) 6:05 p.m. III. Visitors/Public Comment This is an opportunity for the public to address the Council with questions or concerns on issues not part of the regular agenda(Please limit comments to 3 minutes in length). 6:05 p.m. IV. Consent Agenda_ (Roll Call Vote) A. Approve Bills & Investments B. Approve City Council Minutes— October 26, 2021 (pg. 5) C. Approve Redpath and Company, Auditing Services for December 31, 2021 (pg. 9) D. Approve Home Occupation Permit Renewals for 2022 (pg. 21) E. Approve 2022 Taxi Licenses for F.D.S. Enterprises dba A Taxi (pg. 23) F. Approve Settlement Offer—Lookout Trail Tree Damages (pg. 25) G. Approve Order for Replacement Police Dept Issued Tasers (pg. 27) 6:05 p.m. V. Public Hearings 6:05 p.m. VI. Old Business 6:05 p.m. VII. New Business A. Water Meter Replacement(pg. 43) B. 2022 Mill and Overlay —Area 7 (pg. 51) C. 2022 City Council Meeting Dates (pg. 59) D. Scope and Fee Amendment for Engineering Services—Norell Avenue/60th Street Reconstruction (pg. 61) E. Bayport Fire Services Agreement—Request for Further Discussion (pg. 65) F. Lookout Trail Reconstruction—Consider Change Order 92 (pg. 69) Page 1 of 104 G. LCI Landscapes—Land Reclamation & Grading— Conditional Use Permit— 5675 Newell Circle (pg. 75) H. Comments on Washington County Capital Improvement Plan (2022-2026) (pg. 97) I. Osgood Ave—Westbound Turn Lane Onto STH 36 —Request to State and Washington County (pg. 103) 6:55 p.m. VIII. Other Council Items or Announcements 7:00 p.m. IX. Adj ournment Page 2 of 104 Oak Park Heights Request for Council Action Meeting Date November 23, 2021 Agenda Item Recycling Award Time Req. 0 Agenda Placement Staff Reports Originating Department/Requestor Ad ' ' tration/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 104 City of C}ak _Park Heiahts _ e 14168 Oak Park Blvd.N e Oak Park Heights,MN 55082•Phone(651)439-4439.Fax(651)439-0574 November 18, 2021 Ann Vick 5691 Oren Avenue N Oak Park Heights, MN 55082 Dear Ms. Vick: 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 detectors). Your residence was checked on Thursday, November 18, 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.- Jennifer Pinski City Clerk TREE CITY U.S.A. Page 4 of 104 Oak Park Heights Request for Council Action Meeting Date November 23, 2021 Agenda Item Approve City Council Minutes—October 26, 2021 Time Req. 0 Agenda Placement Consent Originating Department/Re uestor Administration/Jennifer Pinski Requester's Signature` R Action Requested Approve Background/Justification (Please indicate any previous action has been taken or if other public bodies have been advised). See attached. Page 5 of 104 CITY OF OAK PARK HEIGHTS TUESDAY, OCTOBER 26, 2021 CITY COUNCIL MEETING MINUTES HELD AT CITY HALL AND VIA VIDEO CONFERENCE PER MN STAT. 13D.021 I. Call to Order/Approval of Ayenda: Mayor McComber called the meeting to order at 6:00 p.m. Present: Councilmembers Dougherty, Johnson, L11jegren and Runic. Staff present: City Administrator Johnson, Police Chief Hansen, Assistant City Administrator/City Clerk Pinski, City Attorney Sandstrom, City Planner Richards, and City Engineer Mann. Absent. None. Councilmember Johnson requested Consent Agenda Item D be moved to New Business as Item D. Mayor McComber added a Closed Session to the end of the Agenda. Councilmember Johnson, seconded by Councilmember Dougherty, moved to approve the Agenda as amended. Carried 5-0. II. Council/Staff Reports: A. Manor McComber: She reported she attended the ribbon cutting at the Washington County History Center the previous week and the ribbon cutting at Twin.Cities Orthopedics; she had a call with Ann and Angie from the City's lobbying firm regarding bonding tour dates; and she confirmed that November 23 worked with Aimee Gourlay for a worksession. B. Councilmember Daurhe, erty: He reported he attended the Planning Commission on October 14. C. Councilmember Johnson: She reported that she attended the Washington County History Center ribbon cutting and the Parks and Trails meeting the previous week; and the City would be participating in a gingerbread contest fundraiser for Valley Outreach on December 11. D. Councilmember Liljegren: No report. E. Councilmember Runk: He reported he attended the ribbon cutting at the Washington County Historical Center. F. Staff: Assistant City Administrator/City Clerk Pinski reported that Joe Flaherty of 5862 Olinda Avenue North was chosen as the recycling award winner. Page 6 of 104 City Council Meeting Minutes October 26, 2021 Page 2 of 3 III. Visitors/Public Comment: Resident Jim Kremer asked about the procedure for speaking on items on the Agenda. Mayor McComber responded that visitors would be given three minutes to speak about any item. IV. Consent Agenda: A. Approve Bills & Investments B. Approve City Council Minutes— October 12, 2021 C. Approve JPA Between OPH and Washington County Law Enforcement Records Management System Known as Central Square Software Systems D. MOVED TO NEW B USINESS AS ITEM D. Councilmen-iber Liljegren, seconded by Councilmember Johnson, moved to approve the Consent Agenda. Roll call vote taken. Carried 5-0. V. Public Hearings: None Vl. Old Business: A. Sidewalk Improvements 581h Street (East of Osgood Ave): City Engineer Mann reported that he put together a proposal for a preliminary feasibility study not to exceed $5,100. Councilmember Johnson, seconded by Councilmember Runk, moved to authorize the engineer to proceed. Carried 5-0. B. 2018 Comp Plan—Minor Revision—Annexation Area/Road Extension: Councilmember Runk, seconded by Councilmember Liljegren, moved to approve the Resolution. Roll call vote taken. Carried 5-0. C. Norell Ave. —Backage Road—Approve Final Layout & Authorize Bidding: Councilmember Dougherty, seconded by Councilmember Runk, moved to approve the plans and authorize the City Engineer to proceed. Carried 5-0. VII. New Business: A. DRF Stillwater Dental LLC—Pre/Final Plat— Site Plan & Design Guidelines Review Park Dental Development of 13961 60th Street N: City Planner Richards reviewed his planning report. City Attorney Sandstrom suggested adding a condition per the September 30 engineering memo. City Planner Richards said he would add it to Condition 7. Councilmember Dougherty, seconded by Councilmember Liljegren, moved to approve the Resolution with an amendment to Condition 7. Roll call vote taken. Carried 5-0. Page 7 of 104 City Council Meeting Minutes October 26, 2021 Page 3 of 3 B. MNDOT Request— Snmv & Ice Maintenance— South.Frontacc Road: City Administrator Johnson reported that MNDOT was requesting a 10- year extension to the agreement. Councilmember Liljegren, seconded by Councilmember Johnson, moved to approve the request. Roll call vote taken. Carried 5-0. C. Consider Installation of Stop Sigps at Peller Ave and 57th Street. Mayor McCoinber suggested four-way stop signs at Peller Ave and 57th Street as well as a 'Children at Play' signs in the area in the area with exact location at the discretion of the Chief of Police. Councilmember Dougherty, seconded by Councilmember Runk,moved to direct staff to install four way stop signs at the intersection and `Children at Play' signs. Carried 5-0. D. Approve Proclamation Recognizing Janua 23 — 29. 2022 as School Choice Week: Resident Jim Kremer questioned why the City would not approve a Proclamation as it was asking for recognition of a week. Councilmember Runk said he did not feel the City should be involved with a political group. No motion was made. Mayor McComber said she would send a note back that no action was taken. VIII. Other Council Items or Announcements: None IX. Adiourn to Closed Session: Attorney Sandstrom reported that the City Council would go into a Closed Session authorized under Minnesota Statute B.D. to discuss potential litigation against. Paul Sinz for unlawful tree removal on City property. Councilmember Liljegren, seconded by Councilmember Johnson, moved to close the meeting at 6:33 p.m. Direction was given to the City Attorney by the City Council during the Closed Session. No formal motions were made. X. Adiourn: Councilmember Johnson, seconded by Councilmember Liljegren, moved to adjourn at 6:45 p.m. Carried 5-0. Respectfully submitted, Approved as to Content and Form., Jennifer Pinski Mary McComber City Clerk Mayor Page 8 of 104 Oak Park Heights Request For Council Action Meeting Date: November 23 2021 Agenda Item Title Approve Redpath and Company, Auditing Services for December 31, 2021 Time Required 1 min_ Agenda Placement Consent Originating DepartmentlRequestor Finance-Betty Caruso Finance Director Requester's Signature V Action Requested Approve auditing services contract with Redpath and Company For December 31, 2021. Background/Justification(Please indicate any previous action, financial implications including budget information and recommendations). I have received the standard engagement letter for auditing services for the year ending December 31, 2021, from Redpath and Company. Redpath and Company is proposing a$500 increase in fees for completing the audit for 2021, a total contract of$42,250. This fee is split between the General Fund, Water Utility Fund, and Sewer Utility Fund. Additional fees of approximately$1500 will be incurred due to the assistance of Redpath in the calculations of the GASB 68, Accounting and Financial Reporting for Pensions. Redpath and Company are very experienced with the City and its finance operations. This is so beneficial to staff as it requires less interruptions and disturbances of our records. In the face of COVID the 2020 Audit was done remotely by their office, as was the 2019 audit. The familiarity with the City's records and operations assisted both of us through this strange approach to the audit. The 2021 audit may entail a"hybrid" of remote and inhouse auditing. This will be determined as the audit approaches. I recommend to approve this contract with Redpath and Company, the consistency of the high level of service they provide is a benefit to both council and staff. Page 9 of 104 A N C 0 M P A N V November 18, 2021 Betty Caruso, Director of Finance City of Oak Park Heights 14168 Oak Park Boulevard P.O. Box 2007 Oak Park Heights, MN 55082-2007 We are pleased to confirm our understanding of the services we are to provide the City of Oak Park Heights, Minnesota (the City) for the year ending December 31, 2021. Audit Scope and Objectives We will audit the financial statements of the governmental activities, the business-type activities, the aggregate discretely presented component units, each major fund, and the aggregate remaining fund information, and the disclosures, which collectively comprise the basic financial statements of the City of Oak Park Heights, Minnesota as of and for the year then ending December 31, 2021. Accounting standards generally accepted in the United States of America (GAAP)provide for certain required supplementary information (RSI), such as management's discussion and analysis (MD&A),to supplement the City's basic financial statements. Such information, although not a part of the basic financial statements, is required by the Governmental Accounting Standards Board who considers it to be an essential part of financial reporting for placing the basic financial statements in an appropriate operational, economic, or historical context. As part of our engagement, we will apply certain limited procedures to the City's RSI in accordance with auditing standards generally accepted in the United States of America (GAAS). These limited procedures will consist of inquiries of management regarding the methods of preparing the information and comparing the information for consistency with management's responses to our inquiries,the basic financial statements, and other knowledge we obtained during our audit of the basic financial statements. We will not express an opinion or provide any assurance on the information because the limited procedures do not provide us with sufficient evidence to express an opinion or provide any assurance. The following RSI is required by GAAP and will be subjected to certain limited procedures, but will not be audited: • Management's Discussion and Analysis • Budgetary Comparison Schedules presented as RSI • Schedules of Proportionate Share of Net Pension Liability • Schedules of Pension Contributions 55 5'h Street East, Suite 1400, St. Paul, MN, 55101 www.redpathcpas.com Page 10 of 104 City of Oak Park Heights, Minnesota Contract for Auditing Services Page 2 4 We have also been engaged to report on supplementary information other than RSI that accompanies the City's financial statements. We will subject the following supplementary information to the auditing procedures applied in our audit of the financial statements and certain additional procedures, including comparing and reconciling such information directly to the underlying accounting and other records used to prepare the financial statements or to the financial statements themselves, and other additional procedures in accordance with GARS, and we will provide an opinion on it in relation to the financial statements as a whole in a report combined with our auditor's report on the financial statements: • Combining and Individual Nonmajor Fund Statements and Schedules In connection with our audit of the basic financial statements, we will read the following other information and consider whether a material inconsistency exists between the other information and the basic financial statements, or the other information otherwise appears to be materially misstated. If, based on the work performed, we conclude that an uncorrected material misstatement of the other information exists,we are required to describe it in our report. • Introductory Section • Statistical Section The objectives of our audit are to obtain reasonable assurance about whether the financial statements as a whole are free from material misstatement, whether due to fraud or error; issue an auditor's report that includes our opinion about whether your financial statements are fairly presented, in all material respects, in conformity with GAAP; and report on the fairness of the supplementary information referred to in the second paragraph when considered in relation to the financial statements as a whole. Reasonable assurance is a high level of assurance but is not absolute assurance and therefore is not a guarantee that an audit conducted in accordance with GAAS and Government Auditing Standards will always detect a material misstatement when it exists. Misstatements, including omissions, can arise from fraud or error and are considered material if there is a substantial likelihood that, individually or in the aggregate,they would influence the judgment of a reasonable user made based on the financial statements. The objectives also include reporting on internal control over financial reporting and compliance with provisions of laws, regulations, contracts, and award agreements,noncompliance with which could have a material effect on the financial statements in accordance with Government Auditing Standards. We will also issue a report on compliance based on the Minnesota Legal Compliance Audit Guide fof Cities, promulgated by the State Auditor pursuant to Minnesota Statute 6.65. 3580384 Page 11 of 104 City of Oak Park Heights, Minnesota Contract for Auditing Services Page 3 Auditor's Responsibilities for the Audit of the Financial Statements We will conduct our audit in accordance with GRAS; the standards for financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States; and the minimum procedures for auditors as prescribed by Minnesota Statute 6.65, and will include tests of your accounting records of the City, and other procedures we consider necessary to enable us to express such opinions. As part of an audit in accordance with GA-AS and Government Auditing Standards, we exercise professional judgment and maintain professional skepticism throughout the audit. Vl'e will evaluate the appropriateness of accounting policies used and the reasonableness of significant accounting estimates made by management. We will evaluate the overall presentation of the financial statements, including the disclosures, and determine whether the financial statements represent the underlying transactions and events in a manner that achieves fair presentation. We will plan and perform the audit to obtain reasonable assurance about whether the financial statements are free of material misstatement, whether from (1) errors, (2) fraudulent financial reporting, (3) misappropriation of assets, or(4)violations of laws or governmental regulations that are attributable to the entity or to acts by management or employees acting on behalf of the entity. Because the determination of waste and abuse is subjective, Government Auditing Standards do no expect auditors to perform specific procedures to detect waste or abuse in financial audits nor do they expect auditors to provide reasonable assurance of detecting waste or abuse. Because of the inherent limitations of an audit, combined Nvith the inherent limitations of internal control, and because we will not perform a detailed examination of all transactions, there is an unavoidable risk that some material misstatements may not be detected by us, even though the audit is properly planned and performed in accordance with GRAS and Government Auditing Standards. In addition, an audit is not designed to detect immaterial misstatements or violations of laws or governmental regulations that do not have a direct and material effect on the financial statements. However,we will inform the appropriate level of management of any material errors, fraudulent financial reporting, or misappropriation of assets that comes to our attention. We will also inform the appropriate level of management of any violations of laws or governmental regulations that come to our attention,unless clearly inconsequential. Our responsibility as auditors is limited to the period covered by our audit and does not extend to any later periods for which we are not engaged as auditors. We will also conclude, based on the evidence obtained, whether there are conditions or events, considered in the aggregate, that raise substantial doubt about the entity's ability to continue as a going concern for a reasonable period of time. 3580384 Page 12 of 104 City of Oak Park Heights, Minnesota Contract for Auditing Services Page 4 Our procedures will include tests of documentary evidence supporting the transactions recorded in the accounts, and direct confirmation of certain assets and liabilities by correspondence with selected creditors and financial institutions. We will also request written representations from your attorneys as part of the engagement. Audit Procedures—Internal Control We will obtain an understanding of the entity and its environment, including internal control relevant to the audit, sufficient to identify= and assess the risks of material misstatement of the financial statements, whether due to error or fraud. and to design and perform audit procedures responsive to those risks and obtain evidence that is sufficient and appropriate to provide a basis for our opinions. Tests of controls may be performed to test the effectiveness of certain controls that we consider relevant to preventing and detecting errors and fraud that are material to the financial statements and to preventing and detecting misstatements resulting from illegal acts and other noncompliance matters that have a direct and material effect on the financial statements. Our tests, if performed, will be less in scope than would be necessary to render an opinion on internal control and, accordingly, no opinion will be expressed in our report on internal control issued pursuant to Government Auditing Standards. The risk of not detecting a material misstatement resulting from fraud is higher than for one resulting from error, as fraud may involve collusion, forgery, intentional omissions, misrepresentation, or the override of internal control. An audit is not designed to provide assurance on internal control or to identify significant deficiencies or material weaknesses. Accordingly. we will express no such opinion. However, during the audit, we will communicate to management and those charged with governance internal control related matters that are required to be communicated under AICPA professional standards and Governtnent Auditing Standards. Audit Procedures—Compliance As part of obtaining reasonable assurance about whether the financial statements are free of material misstatement, we will perform tests of the City's compliance with the provisions of applicable laws, regulations, contracts, agreements, and grants. However, the objective of our audit will not be to provide an opinion on overall compliance and we will not express such an opinion in our report on compliance issued pursuant to Government Auditing Standards. The Minnesota Legal Compliance Audit Guide for-Cities requires that we test whether the entity has complied with certain provisions of Minnesota statutes. Our audit will include such tests of the accounting records and other procedures as we consider necessary in the circumstances. 3580384 Page 13 of 104 City of Oak Park Heights, Minnesota Contract for Auditing Services Page S Other Services We will also assist in preparing the financial statements and related notes of the City in conformity with accounting principles generally accepted in the United States of America based on information provided by you, and assist with preparation of pension workpapers and journal entries based on information provided by you, PERA and actuaries. These nonaudit services do not constitute an audit under Government Auditing Standards and such services will not be conducted in accordance with Government Auditing Standards. We will perform the services in accordance with applicable professional standards. The other services are Iimited to financial statement and pension services previously defined. We, in our sole professional judgment, reserve the right to refuse to perform any procedure or take any action that could be construed as assuming management responsibilities. Responsibilities of Management for the Financial Statements Our audit will be conducted on the basis that you acknowledge and understand your responsibility for designing, implementing, establishing, and maintaining effective internal controls relevant to the preparation and fair presentation of financial statements that are free from material misstatement, whether due to fraud or error, and for evaluating and monitoring ongoing activities to help ensure that appropriate goals and objectives are met; following laws and regulations; and ensuring that management and financial information is reliable and properly reported. Management is also responsible for implementing systems designed to achieve compliance with applicable laws,regulations, contracts, and grant agreements. You are responsible for the selection and application of accounting principles, for the preparation and fair presentation of the financial statements and all accompanying information in conformity with accounting principles generally accepted in the United States of America, and for compliance with applicable laws and regulations and the provisions of contracts and grant agreements. Management is responsible for making all financial records, and related information available to us and for the accuracy and completeness of that information (including information from outside of the general and subsidiary ledgers). You are also responsible for providing us with (1) access to all information of which you are aware that is relevant to the preparation and fair presentation of the financial statements, such as records, documentation, identification of all related parties and all related-party relationships and transactions, and other matters; (2) additional information that we may request for the purpose of the audit; and (3) unrestricted access to persons within the entity from whom we determine it necessary to obtain audit evidence. At the conclusion of our audit, we will require certain written representations from you about your responsibilities for the financial statements; compliance with laws, regulations, contracts, and grant agreements; and other responsibilities required by GAAS and Government Auditing Standards. 3580384 Page 14 of 104 City of Oak Park Heights, Minnesota Contract for Auditing Services Page 6 Your responsibilities include adjusting the financial statements to correct material misstatements and confirming to us in the written representation letter that the effects of any uncorrected misstatements aggregated by us during the current engagement and pertaining to the latest period presented are immaterial, both individually and in the aggregate, to the financial statements of each opinion unit taken as a whole. You are responsible for the design and implementation of programs and controls to prevent and detect fraud, and for informing us about all known or suspected fraud affecting the entity involving (1)management, (2) employees who have significant roles in internal control, and (3) others where the fraud could have a material effect on the financial statements. Your responsibilities include informing us of your knowledge of any allegations of fraud or suspected fraud affecting the entity received in communications from employees, former employees, grantors, regulators, or others. In addition, you are responsible for identifying and ensuring that the entity complies with applicable laws, regulations, contracts, agreements, and grants and for taking timely and appropriate steps to remedy fraud and noncompliance with provisions of laws, regulations, or contracts or grant agreements that we report. You are responsible for the supplementary information, which we have been engaged to report on, in conformity with accounting principles generally accepted in the United States of America. You agree to include our report on the supplementary information in any document that contains, and indicates that we have reported on, the supplementary information. You also agree to include the audited financial statements with any presentation of the supplementary information that includes our report thereon. Your responsibilities include acknowledging to us in the written representation letter that (1)you are responsible for presentation of the supplementary information in accordance with GAAP; (2)you believe the supplementary information, including its form and content, is fairly presented in accordance with GAAP: (3)the methods of measurement or presentation have not changed from those used in the prior period (or, if they have changed,the reasons for such changes); and (4)you have disclosed to us any significant assumptions or interpretations underlying the measurement or presentation of the supplementary information. With regard to publishing the financial statements on your website, you understand that websites are a means of distributing information and, therefore, we are not required to read the information contained in those sites or to consider the consistency of other information on the website with the original document. Management is responsible for establishing and maintaining a process for tracking the status of audit findings and recommendations. Management is also responsible for identifying and providing report copies of previous financial audits, attestation engagements,performance audits or other studies related to the objectives discussed in the Audit Scope and.Objectives section of this letter. This responsibility includes relaying to us corrective actions taken to address significant findings and recommendations resulting from those audits, attestation engagements, performance audits, or other studies. You are also responsible for providing management's 35$03$4 Page 15 of 104 City of Oak Park Heights, Minnesota Contract for Auditing Services Page 7 views on our current findings, conclusions, and recommendations, as well as your planned corrective actions, for the report, and for the timing and format for providing that information. You agree to assume all mana4gement responsibilities relating to the financial statements and related notes, the preparation of pension workpapers and journal entries, and any other nonaudit services we provide. You will be required to acknowledge in the management representation letter our assistance with the preparation of the financial statements and related notes, the pension workpapers and journal entries, and that you have reviewed and approved the financial statements and related notes, including the pension workpapers and journal entries, prior to their issuance and have accepted responsibility for them. Further, you agree to oversee the nonaudit services by designating an individual, preferably from senior management. with suitable skill, knowledge, or experience; evaluate the adequacy and results of those services; and accept responsibility for them. Engagement Administration, Fees and Other We understand that your employees will prepare all cash, accounts receivable,or other confirmations we request and will locate any documents selected by us for testing. We will schedule the engragement based in part on deadlines, working conditions, and the availability of your key personnel. We will plan the engagement based on the assumption that your personnel will cooperate and provide assistance by performing tasks such as preparing requested schedules, retrieving supporting documents, and preparing confirmations. If. for whatever reason, your personnel are unavailable to provide the necessary assistance in a timely manner, it may substantially increase the work we have to do to complete the engagement within the established deadlines, resulting in an increase in fees over our original fee estimate. We will provide copies of our reports to the City; however, management is responsible for distribution of the reports and the financial statements. Unless restricted by law or regulation, or containing privileged and confidential information, copies of our reports are to be made available for public inspection. The audit documentation for this engagement is the property of Redpath and Company,Ltd. and constitutes confidential information. However, subject to applicable laws and regulations, audit documentation and appropriate individuals will be made available upon request and in a timely manner to a federal agency providing direct or indirect funding, or the U.S. Government Accountability Office for the purposes of a quality review of the audit, to resolve audit findings, or to carry out oversight responsibilities. We will notify you of any such request. If requested, access to such audit documentation will be provided under the supervision of Redpath and Company, Ltd. personnel. Furthermore, upon request, we may provide copies of selected audit documentation to the aforementioned parties. These parties may intend or decide to distribute the copies or information contained therein to others, including other governmental agencies. 3580384 Page 16 of 104 City of Oak Park Heights, Minnesota Contract for Auditing Services Page 8 The audit documentation for this engagement will be retained for a minimum of five years after the report release date or for any additional period requested by regulators. If we are aware that a federal awarding agency or auditee is contesting an audit finding,we will contact theparty(ies) contesting the audit finding; for guidance prior to destroying the audit documentation. The AICPA Code of Professional Conduct requires Redpath to maintain our independence with regards to certain attestation services provided to the Cite. These rules require the City to take responsibility for all nonattest services. Redpath cannot serve as custodian for your data in such a way that your data is incomplete and accessible only through Redpath or the Redpath portal. As such, any financial report.reconciliation, document. and calculation(PERA schedules, journal entries, etc.)that we prepare or update on your behalf will be sent to you at the completion of each attest or nonattest service. You are responsible for downloading and maintaining these records as well as all supporting documents generated in the normal course of business until the retention period expires. David J,Mol, CPA is the engagement partner and is responsible for supervising the engagement and signing the reports or authorizing another individual to sign them. We expect to begin our audit on approximately March 21, 2022 and to issue our reports no Iater than May 20, 2022. Unless additional work is requested or required, our fee for these services will be as follows: Financial and Legal Compliance Audit $42,250 GASB 68 Pension Calculations 1,500 Total $43,750 Out-of-pocket costs, such as confirmation and courier fees, will be billed in addition to the fees stated above. We bill our fees monthly as work progresses and expect payment within thirty (30) days. Each invoice includes a detailed description of the services provided. Amounts over thirty (30)days will be considered delinquent. We reserve the right to assess a 1.5%per month service charge on any balance older than thirty (30) days. In the event it becomes necessary to refer this account to an attorney for collection(whether or not suit is commenced), you will be responsible for payment of all reasonable costs of such collections. including reasonable attorney fees. Our policy is to suspend work if your account becomes overdue by sixty (60) days or more, and work will not be resumed until your account is paid in full. Should we elect to discontinue services, you will be responsible for all time and expenses incurred through the date of termination regardless of whether we have issued a report or other final product. 380384 Page 17 of 104 City of Oak Park Heights, Minnesota Contract for Auditing Services Page 9 The above fees are based on the anticipated scope of services, anticipated cooperation from your personnel and the assumption that unexpected circumstances will not be encountered. the City acknowledges that the following circumstances may result in a change in scope of services and an increase in fees: • Significant audit adjustments, internal control deficiencies or compliance findings, • New accounting standards, • Failure to complete the preparation work by the applicable due dates, • Inaccurate records, • Turnover in your staff, • Significant unanticipated or undisclosed transactions, issues, or other such unforeseeable circumstances, • Delays causing scheduling changes or disruption of previously scheduled timing of work (fieldwork), • Circumstances requiring revisions to work previously completed or delays in resolution of issues that extend the period of time necessary to complete the audit, and/or Our fees do not include bookkeeping or accounting assistance,preparation of audit workpapers, reconciliations or similar assistance (unless otherwise noted in the sections above). Our fees for such services will be dependent on the level of effort required. Services requested by you that are not included in this engagement letter will be billed dependent on the level of effort required and will be subject to all the terms of this letter. Our fees and rates are adjusted annually for general economic factors. If we are requested or required to provide documents or testimony to support litigation proceedings as a professional service on your behalf(that is, Iitigation in which we are not a party as a result of our engagement), you will be billed for our time at the current standard rates and all out-of-pocket expenditures, including copying costs and legal fees. In recognition of the importance of our employees, it is hereby agreed that the City will not solicit our employees for employment or enter into an independent contractor arrangement with any individual who is or was an employee of Redpath and Company for a period of twelve months following the date of the conclusion of this engagement. If the City violates this non- solicitation clause, the City agrees to pay Redpath and Company a fee equal to 25%of the hired person's last annual salary at Redpath and Company at the time of violation so as to reimburse Redpath and Company for the costs of hiring and training a replacement. 3580384 Page 18 of 104 City of Oak Park Heights, Minnesota Contract for Auditing Services Page 10 Reporting We will issue a written report upon completion of our audit of the City's financial statements which will also address other information in accordance with AU-C 720, The Auditor's Responsibilities Relating to ()flier lgformation Included in Annual Reports. Our report will be addressed to the city council of the City. Circumstances may arise in which our report may differ from its expected form and content based on the results of our audit. Depending on the nature of these circumstances, it may be necessary for us to modify our opinions, add a separate section. or add an emphasis-of-inatter or other-matter paragraph to our auditor's report, or if necessary, withdraw from this engagement. If our opinions are other than unmodified,we will discuss the reasons with you in advance. If, for any reason, we are unable to complete the audit or are unable to form or have not formed opinions. we may decline to express opinions or issue reports, or we may withdraw from this engagement. We will also provide a report(that does not include an opinion) on internal control related to the financial statements and compliance with the provisions of laws, regulations, contracts, and grant agreements, noncompliance with which could have a material effect on the financial statements as required by Government Auditing Standards. The report on internal control and on compliance and other matters will state(1)that the purpose of the report is solely to describe the scope of testing on internal control and compliance, and the results of that testing, and not to provide an opinion on the effectiveness of the entity's internal control on compliance, and (2) that the report is an integral part of an audit performed in accordance with Government Auditing Standards in considering the entity's internal control and compliance. The report will also state that the report is not suitable for any other purpose. If during our audit we become aware that the City is subject to an audit requirement that is not encompassed in the terms of this engagement, we will communicate to management and those charged with governance that an audit in accordance with U.S. generally accepted auditing standards and the standards for financial audits contained in Government Auditing Standards may not satisfy the relevant legal,regulatory, or contractual requirements. 3580384 Page 19 of 104 City of Oak Park Heights, Minnesota Contract for Auditing Services Page 11 We appreciate the opportunity to be of service to the City of Oak Park Heights, Minnesota and believe this letter accurately summarizes the significant terms of our engagement. If you have any questions, please let us know. If you agree with the terms of our engagement as described in this letter, please sign this letter and return it to us via DocuSign. Sincerely, REDPATH AND COMPANY, LTD. s� David J. Mol, CPA DJM/ajf Response This letter correctly sets forth the understanding of the City of Oak Park Heights,Minnesota Signature Signature Title Title Date Date Nonaudit Services The individual(s) assigned to oversee the nonaudit services is the finance director unless indicated below: (name and title) 3580384 Page 20 of 104 O►ak Park Heights Request for Council Action Meeting Date November 23 2021 Time Required: 1 nninute Agenda Item Title: 2022 Home Occupation Permit Renewals Agenda Placement Consent Originating Department/Requestor Administration/Julie Hultman Requester's Signatur Action Requested Ai Home Occupation Permit Renewals for 2022 Background/Justifi cation: (Please indicate if any previous action has been taken or if other public bodies have advised) Home Occupation Permits require amival renewal. please review and consider approval of license renewal to the following, who held Home Occupation permits in 2021: Michael & Heather Diethert (SoHill Properties), Air B & B Melanie Ebertz (ArtAndes), Air B & B Tracy Evanoff, Child Daycare Todd Follis, Squadron Enterprises (St. Croix Sign) Martin & Louise Fenner (Scenic Overlook Cottage), Air B & B Carolyn McDermott, Child Daycare Elizabeth O'Neil (Lookout Haven), Air B & B Randal Patrin-King, Randal Tree Service Page 21 of 104 THIS PAGE INTENTIONALLY LEFT BLANK Page 22 of 104 Oak Park Heights Request for Council Action Meeting Date November 23, 2021 Agenda Item improve 2022 Taxi Licenses for F.D.S. Enterprises dba A Taxi Time Req. 0 Agenda Placement Consent Originating Department/Requestor Administration/Jennifer Pinski Requester's Signature Action Requested Approve Background/Justification (Please indicate any previous action has been taken or if other public bodies have been advised). Application made; proof of insurance submitted; vehicle inspection complete. Approval Recommended. Page 23 of 104 THIS PAGE INTENTIONALLY LEFT BLANK Page 24 of 104 �Tk „ ` Oak Park Heights Request for Council Action Meeting Date: November 23rd, 2021 Time Required: 1 minutes Agenda Item Title: Lookout Trail Tree Damages — Settlement Proposal. Agenda Placement: Consent Agenda Originating Department/Requestor Eric Johnson, City Administrator Requester's Signature Action Requested Approve Settlement Offer—Lookout Trail Tree Damages Background/Justification (Please indicate if any previous action has been taken or if other public bodies have advised): The City has thoroughly negotiated back and forth with the property owner's insurance company and obtained a proposed settlement related to the tree cutting damages on Lookout Trail. The pending final offer is $96,000. Page 25 of 104 THIS PAGE INTENTIONALLY LEFT BLANK Page 26 of 104 Oak Park Heights Request for Council Action Meeting Date November 2?rd 2021 Time Required: o Agenda Item Title: Re lacement Police De-pt issued Tasers Agenda Placement Consent Originating Department/Request Chief of Police Steve Hansen Requester's Signature Action Requested__ Approval to order and purchase 10 new Tasers Background/Justification (Please indicate if any previous action has been taken or if other public bodies have advised): I am requesting the approval to purchase 10 new Tasers to replace our current inventory. Currently we do not have enough Taser units for each officer on the department and all of the units are more than 10 years old. Officers are having to share or go without as we have 2 units that are broken as well.All of our current Taser units have exceeded their life expectancy and are no longer supported by the vendor for repairs. These units need to be replaced to assist officers with de-escalation capability in the less lethal capacity. I am recommending that each officer needs to have their own designated or assigned unit, not only for additional Covid 19 precautions but also for use of force review accuracy and accountability. We currently have 9 units with 2 of which are broken and the updated replacements and recommendation would bring us to a total of 1o. There is not much of a market or different vendors for conducted energy weapons. So, I recommended we stay with the vendor AXON Enterprise Inc and purchase their updated taser model called the TASER 7 . These new Taser units have increased technology and capabilities for better success rate along with improved data capture of the event or deployment. Axon Enterprise Inc has a bundle savings program that includes 5-year payment plan that involves no cost increase difference. I have discussed and reviewed this with Finance Director Caruso and that is the recommendation moving forward with the 5 yr plan of 5 annual payments of$4,6o8.o1 for a total of$23,04o.00 after 5 years which included the trade ins of our old units. See attachment io-New Taser 7 units $23,040.00 Total Page 27 of 104 �n i CONFIDENCE. C COMMUNITY. THE POWER TO D E-,ESCA LATE DE-ESCALATE WITH CONFIDENCE r CONNECT TO SAVE TIME r FOCUS ON COMMUNITIES T, SER 7–;he most eltm-- ive C EWever—gives officers the corifl[}eritc Lo de-escalate darbgeroLA rilt],�tlrir15, provJdes irnproved inrc-,i arirr �r, the Ax()n rie�l.VVo l k r5)l rjf')i.r'rlriz4°cJ VVo tik,fIbVVS, and Further ciem(–jnrrrateL� your commitment to keeping r.ornmunitie5 safe wish reali(y,baseci uair ing, that im-ppoves uutcornes- yo()c o0rA,mTn4o TASER 7 FEATURES AND BENEFITS CLOSE-RANGE OPTIMIZED:93% increased probe spread at close range,where 85%of deployments occur, according to agency reports IMPROVED DARTS:TASER 7 darts fly straighter and faster with nearly twice the kinetic energy for better connection to the target,and the body of the dart breaks away to allow for attainment at tough angles ADAPTIVE CROSS-CONNECT: Electricity is intentionally driven between all contacts to maximize the effectiveness of the probe deployment and to help compensate for close probe spreads or clothing disconnects RAPID ARC: Delivers similar electrical charge as previous models but at a faster rate, causing more rapid incapacitation INVENTORY MANAGEMENT: Using the Axon Device Manager mobile application to assign weapons and accessories dramatically reduces the time it takes to manage devices in the field,This new functionality includes enhanced inventory search and status updates DOCK-AND-WALK FUNCTIONALITY: Firmware updates and weapon log downloads occur automatically, saving your agency time and ensuring your weapons are always up to date RECHARGEABLE BATTERY:One battery for the life of the weapon DAYLIGHT GREEN LASER: Improve your aim with a more visible green daylight laser LOUDER ARC: Further enhances TASER 7 as a de-escalation tool ENHANCED DATA MANAGEMENT: Full integration into the Axon Evidence(evidence.com)ecosystem,with re-designed pulse graphs and firing logs managed as evidence IMPROVED ERGONOMIC DESIGN: Operational interfaces have been refined through extensive user feedback SPECIFICATIONS WEATHER RESISTANCE: IP53 Ingress Protection LASER:Top - High Visibility Green Class 2; MIL-STD-81OG Test Method 510.6 (sand and dust), Bottom - Red Class 2 Method 506.6(rain) IEC 60529 ILLUMINATION:300 Lumen Light Emitting HOUSING: High Impact Polymer Diode (LED) OPERATING TEMPERATURE: -40 F to 12201 E-200 WARRANTY: 1 yearfrom date of receipt C to 50° C1 DROP TEST: 5 feet SERVICE LIFE: 5 Years (Recommended) HUMIDITY: 85% Relative, Non-condensing A,A AXON,Axon,TASER,and TASER 7 are trademarks ofAxon Enterprise,Inc.,sameofwhichare registered tnthe USardother AXON countries.For more information,visit www.axon.com/legal.All rights reserved.0 2018 Axon Enterprise,Inc. ,!n�\X lI vO� ] \VI Page 29 of 104 CL ~ _ E R % § K k 2 \ ` / E R � § 3 � f couj 2 ' CL _ k - : E \ ƒ 7 £ TEi LL- CLC � 6 / 2cu cc k k R3RgRR ® _ 00 00 00 co co d tcn a � _ q �E7g2 / § � -q- Or ' 5 7 2 ° 0 K . 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C v � E 52 (4 a 2 E a «_ U Q = (6 d 2 0 udi O C7 0 (p N y C O- j, L U N i- c O = U O .E O O_ W "a C 'v 3 C W cc U o " °' - win � � 5, CL x v o � E av'i Eo 0 0' o °' o (n 3 w u' (a a 3 m '� (v o U d `�= U L U O E CU O "OCl) "= _� X O_ C j O 4 Ln w (nN L Q C 0 � (D � U C N " M m QN "C H -0 Q m .� C C � O w U cn a Page 32 of 104 a m 40 Go v on v M N C/7 N cu D CN N L t� ca 4 � CSV i r Page 33 of 104 Axon Enterprise, Inc.'s TA SER 7` AXO � Agreement (Online) This TASER 7 Agreement("Agreement")applies to Agency's TASER 7 purchase from Axon Enterprise, Inc.("Axon").Agency will receive TASER 7 Conducted Energy Weapon("CEW')hardware,accessories, warranty, and services documented in the attached Quote Appendix("Quote"). 1 Term. The start date is based on the initial shipment of TASER 7 hardware ("Start Date"). If shipped in the first half of the month, the Start Date is the 1st of the following month. If shipped in the last half of the month,the Start Date is the 15th of the following month.The TASER 7 term will end upon completion of the associated TASER 7 subscription in the Quote ("Term"). If the Quote has multiple TASER 7 ship dates, each shipment will have a 60-month term, starting on the shipment of TASER 7 as described above. 2 Unlimited Duly Cartridge Plan. If the Quote includes "Unlimited Duty Cartridge Plan", this section applies.Agency must purchase an Unlimited Duty Cartridge Pian for each CEW user. A CEW user includes officers that use a CEW in the line of duty and ones that only use a CEW for training. Agency may not resell cartridges received under any TASER 7 plan. Axon will only replace cartridges used in the line of duty. 3 Training. if the Quote includes a training voucher, Agency must use the voucher within 1 year of issuance, or the voucher will be void. During the Term, Axon will issue Agency a voucher annually beginning on the Start Date. The voucher has no cash value.Agency cannot exchange it for another product or service. If the Quote includes Axon Online Training or Virtual Reality Content (collectively, "Training Content"), Agency may access Training Content during the Term. Axon will deliver all Training Content electronically. Unless stated in the Quote, the voucher does not include travel expenses and will be Agency's responsibility. 4 Payment, Unless specified in the Quote,Axon will invoice Agency on the Start Date and then on The Start Date anniversary during the Term, if annual payments are elected. Payment is due net 30 days from the invoice. Payment obligations are non-cancelable. Agency will pay invoices without setoff, deduction, or withholding. Unless Agency provides Axon a valid and correct tax exemption certificate applicable to the purchase and ship-to location, Agency is responsible for all taxes associated with the order. 5 Shipping.Axon may make partial shipments and ship from multiple locations.All shipments are FOB shipping point via common carrier. Title and risk of loss pass to Agency upon Axon's delivery to the common carrier. Agency is responsible for any shipping charges in the Quote. If the Quote includes future deliveries of hardware, Axon will ship hardware to Agency's address on the Quote. 6 Returns.All sales are final.Axon does not allow refunds or exchanges, except warranty returns or as provided by state or federal law. 7 Hardware Limited Warranty. Axon warrants that Axon-manufactured hardware is free from defects in workmanship and materials for 1 year from the date of Agency's receipt.Axon warrants its Axon-manufactured accessories for 90-days from the date of Agency's receipt. Used CEW cartridges are deemed to have operated properly. Non-Axon manufactured Devices are not covered by Axon's warranty. Agency should contact the manufacturer for support of non-Axon manufactured hardware. If Axon receives a valid warranty claim for Axon manufactured hardware during the warranty term, Axon's sole responsibility is to repair or replace the hardware with the same or like hardware,at Axon's option. Replacement hardware will be new or like new.Axon will warrant the replacement hardware for the longer of(a)the remaining warranty of the original hardware or(b) 90-days from the date of repair or replacement. if the Quote includes an extended warranty,the extended warranty coverage begins on the Start ,ER 7 Agreement(Online) 77 Department: Legal Version: 1.0 Release Date: 3/31/2021 Page 34 of 104 A/� XO � Axon Enterprise, Int.'s TASER 7 X (Online) Agreement � ) Date and continues for the Term for the hardware covered by the extended warranty on the Quote. If Agency exchanges hardware or a part,the replacement item becomes Agency's property, and the replaced item becomes Axon's property.Before delivering hardware forservice,Agency must upload hardware data to Axon Evidence or download it and retain a copy.Axon is not responsible for any loss of software, data, or other information contained in storage media or any part of the hardware sent to Axon for service. 8 Warranty Limitations.Axon's warranty obligations exclude damage related to(a)failure to follow instructions on product's use; (b)products used with products not manufactured or recommended by Axon; (c) abuse, misuse, intentional, or deliberate damage to the product; (d)force majeure; (e) products repaired or modified by persons other than Axon without the written permission of Axon; or(f) products with a defaced or removed serial number. To the extent permitted by law,the warranties and remedies set forth above are exclusive and Axon disclaims all other warranties, remedies, and conditions, whether oral or written, statutory, or implied, as permitted by applicable law. If statutory or implied warranties cannot be lawfully disclaimed, then all such warranties are limited to the duration of the express warranty described above and limited by the other provisions contained in this Agreement. Axon's cumulative liability to any party for any loss or damage resulting from any claims, demands, or actions arising out of or relating to any Axon product will not exceed the purchase price paid to Axon for the product or if for services,the amount paid for such services over the prior 12 months preceding the claim. In no event will either party be liable for any direct,special,indirect,incidental,exemplary, punitive, or consequential damages, however caused, whether for breach of warranty, breach of contract, negligence, strict liability, tort or under any other legal theory. 9 Snare Products. For qualified purchases, Axon may provide agency a predetermined number of spare TASER 7 hardware as detailed in the Quote ("Spare Axon Devices"). Spare Axon Devices are intended to replace broken or non-functioning units while Agency submits the broken or non-functioning units through Axon's warranty return process. Axon will repair or replace the unit with a replacement Axon Device.Title and risk of loss for all Spare Axon Devices shall pass to agency in accordance with the shipping terms under Section 5. Axon assumes no liability or obligation in the event Agency does not utilize Spare Axon Devices for the intended purpose. 10 Trade-in. If a trade-in discount is on the Quote, Agency must return used hardware and accessories associated with the discount("Trade-In Units")to Axon.Agency must ship batteries via ground shipping. Axon will pay the shipping costs of the return. If Axon does not receive Trade-In Units within the timeframe below, Axon will invoice Agency the value of the trade-in discount.Agency may not destroy Trade-In Units and receive a trade-in discount. Agency Size Days to Return from Start Date Less than 100 officers 30 days 100 to 499 officers 90 days 500+officers 180 days 11 Product Warnings.See www.axon.com/legal for the most current Axon product warnings. 12 Design Chances.Axon may make changes in the design of any of Axon's products and services without notifying Agency or making the same change to products and services previously purchased.Axon may replace end of life products with the next generation of that product without notifying Agency. Agreement Online)..........._. Department: legal Version: 1.0 Release Date: 3/31/2021 Page 35 of 104 A X� � Axon Enterprise, Inc,'s TASER 7 4&j\11k (Online) Agreement t ) 13 Termination. If payment for TASER 7 is more than 30 days past due, Axon may terminate Agency's TASER 7 plan by notifying Agency. Upon termination for any reason, then as of the date of termination: 13.1. TASER 7 extended warranties and access to Training Content will terminate. No refunds will begiven. 13.2. Axon will invoice Agency the remaining MSRP for TASER 7 products received before termination. if terminating for non-appropriations,Axon will not invoice Agency if Agency returns the CEW, battery, holster, dock, core, training suits, and unused cartridges to Axon within 30 days of the date of termination. 13.3. Agency will be responsible for payment of any missed payments due to the termination before being allowed to purchase any future TASER 7 plan. 14 Delays.Axon will use reasonable efforts to deliver products and services as soon as practicable. If delivery is interrupted due to causes beyond Axon's control, Axon may delay or terminate delivery with notice. 1s Proprietary Information. Agency agrees Axon has and claims various proprietary rights in the hardware,firmware,software, and the integration of ancillary materials, knowledge, and designs that constitute Axon products and services. Agency will not directly or indirectly cause any proprietary rights to be violated. 16 Export Compliance. Each party will comply with all import and export control laws and regulations. 17 Assignment. Agency may not assign or transfer this Agreement without Axon's prior written approval. 18 Governing Law: Venue. The laws of the state where Agency is physically located, without reference to conflict of law rules,govern this Agreement and any dispute that might arise between the parties.The United Nations Convention for the International Sale of Goods does not apply to thisAgreement. 19 Entire Agreement, This Agreement, including the appendices, represents the entire agreement between the Parties. This Agreement supersedes all prior agreements or understandings, whether written or verbal, regarding the subject matter of this Agreement. This Agreement may only be modified or amended in a writing signed by the Parties. If a court of competent jurisdiction holds any portion of this Agreement invalid or unenforceable, the remaining portions of this Agreement will remain in effect. Each representative identified below declares they have been expressly authorized to execute this Agreement as of the date of signature. Axon Enterprise, Inc. Agency Signature: Signature: Name: Name: Title: Title: Date: Date: Agreement (Online) Page 3 of 8 Department: Legal Version: 1.0 Release Date: 3/31/2021 Page 36 of 104 A �/ON Axon Enterprise, Inc,'s TASER 7 4ka, X (Online) Agreement � ) TASER 7 Axon Evidence Terms of Use Appendix 1 Definitions. "Agency Content"is data uploaded into,ingested by,or created in Axon Evidence within Agency's tenant, including media or multimedia uploaded into Axon Evidence by Agency. Agency Content includes Evidence but excludes Non-Content Data. "Evidence" is media or multimedia uploaded into Axon Evidence as 'evidence' by an Agency. Evidence is a subset of Agency Content. "Non-Content Data" is data, configuration, and usage information about Agency's Axon Evidence tenant, Axon Devices and client software, and users that is transmitted or generated when using Axon Devices. Non-Content Data includes data about users captured during account management and customer support activities. Non-Content Data does not include Agency Content. 2 Subscription Term.The TASER 7 Axon Evidence Subscription Term begins on the Start Date, 3 Access Rights. Upon Axon granting Agency a TASER 7 Axon Evidence subscription,Agency may access and use Axon Evidence for the storage and management of data from TASER 7 CEW devices during the TASER 7 Axon Evidence Subscription Term. Agency may not upload any non- TASER 7 data or any other files to Axon Evidence. Agency may not exceed the number of end- users than the Quote specifies. 4 Agency Owns Agency Content. Agency controls and owns all right, title, and interest in Agency Content. Except as outlined herein, Axon obtains no interest in Agency Content, and Agency Content is not Axon's business records. Agency is solely responsible for uploading, sharing, managing, and deleting Agency Content. Axon will only have access to Agency Content for the limited purposes set forth herein. Agency agrees to allow Axon access to Agency Content to (a) perform troubleshooting, maintenance, or diagnostic screenings; and (b) enforce this Agreement or policies governing use of the Axon products. 5 Security. Axon will implement commercially reasonable and appropriate measures to secure Agency Content against accidental or unlawful loss, access, or disclosure. Axon will maintain a comprehensive information security program to protect Axon Evidence and Agency Content including logical, physical access, vulnerability, risk, and configuration management; incident monitoring and response; encryption of uploaded digital evidence; security education; and data protection. Axon agrees to the Federal Bureau of Investigation Criminal Justice Information Services Security Addendum. 6 Aciencv Responsibilities. Agency is responsible for(a) ensuring Agency users comply with this Agreement; (b) ensuring Agency owns Agency Content and no Agency Content or Agency end user's use of Agency Content or Axon Evidence violates this Agreement or applicable laws; and (c)maintaining necessary computer equipment and Internet connections for use of Axon Evidence. If Agency becomes aware of any violation of this Agreement by an end-user, Agency will immediately terminate that end user's access to Axon Evidence. Agency is also responsible for maintaining the security of end-user names and passwords and taking steps to maintain appropriate security and access by end-users to Agency Content. Login credentials are for Agency internal use only and Agency may not sell, transfer, or sublicense them to any other entity or person.Agency may download the audit log at any time.Agency shall contact Axon immediately if an unauthorized third party may be using Agency's account or Agency Content or if account information is lost or stolen. 7 PrivaCy.Your use of Axon Cloud Services is subject to the Axon Cloud Services Privacy Policy, a Tit e:TASER 7 Agreement (Online) age 4 of 8 Department: Legal Version: 1.0 Release Date: 3/31/2021 Page 37 of 104 Axon Enterprise, Inc.'s TASER 7 AXON (Online) Agreement � ) current version of which is available at https://www.axon.com/legal/cloud-services-privacxpolicy. Agency agrees to allow Axon access to Non-Content Data from Agency to (a) perform troubleshooting,maintenance,or diagnostic screenings;(b)provide,develop,improve,and support current and future Axon products and related services; and (c)enforce this Agreement or policies governing the use of Axon products. 8 Storage. Axon may place Agency Content that Agency has not viewed or accessed for 6 months into archival storage. Agency Content in archival storage will not have immediate availability and may take up to 24 hours to access. 9 Location of Data Storage. Axon may transfer Agency Content to third party subcontractors for storage. Axon will determine the locations of data centers where Agency Content will be stored. For United States agencies,Axon will ensure all Agency Content stored in Axon Evidence remains within the United States. Ownership of Agency Content remains with Agency. 10 Suspension. Axon may suspend Agency access or any end-user's right to access or use any portion or of Axon Evidence immediately upon notice, if: 10.1. The Termination provisions of the TASER 7 Terms and Conditions apply; 10.2. Agency or an end-user's use of or registration for Axon Evidence (i) poses a security risk to Axon Evidence or any third party, (ii) may adversely impact Axon Evidence or the systems or content of any other customer, (iii) may subject Axon, Axon's affiliates, or any third party to liability, or(iv) may be fraudulent; Agency remains responsible for all fees incurred through the date of suspension without any credits for any period of suspension.Axon will not delete any of Agency Content on Axon Evidence due to suspension, except as specified elsewhere in this Agreement. 11 Axon Evidence Warranty. Axon warrants that Axon Evidence will not infringe or misappropriate any patent, copyright, trademark, or trade secret rights of any third party. Axon disclaims any warranties or responsibility for data corruption or errors before the data is uploaded to Axon Evidence, 12 Axon Evidence Restrictions. All Axon Evidence subscriptions will immediately terminate if Agency does not comply with any term of this Agreement.Agency and Agency end-users(including employees, contractors, agents, officers, volunteers, and directors), may not, or may not attempt to: 12.1. copy, modify, tamper with, repair,or create derivative works of any part of Axon Evidence; 12.2. reverse engineer, disassemble, or decompile Axon Evidence or apply any other process to derive any source code included in Axon Evidence, or allow any others to do the same; 12.3. access or use Axon Evidence with the intent to gain unauthorized access, avoid incurring fees or exceeding usage limits or quotas; 12.4. use trade secret information contained in Axon Evidence, except as expressly permitted in this Agreement; 12.5. access Axon Evidence to build a competitive product or service or copy any features, functions, or graphics of Axon Evidence; 12.6. remove, alter, or obscure any confidentiality or proprietary rights notices (including copyright and trademark notices)of Axon's or Axon's licensors on or within Axon Evidence; or 12.7. use Axon Evidence to store or transmit infringing, libelous,or otherwise unlawful or tortious material, to store or transmit material in violation of third-party privacy rights, or to store or transmit malicious code. 13 After Termination.Axon will not delete Agency Content for 90 days following termination. During these 90 days,Agency may retrieve Agency Content only if all amounts due have been paid.There Title:TASER 7 Agreement nine g, �" s Department: Legal Version: 1.0 Release Date: 3/31/2021 Page 38 of 104 X� � Axon Enterprise, Inc.'s TASER 7 /�/`- (Online) Agreement t ) will be no application functionality of Axon Evidence during these 90 days other than the ability to retrieve Agency Content.Agency will not incur any additional fees if Agency Content is downloaded from Axon Evidence during these 90 days. Axon has no obligation to maintain or provide any Agency Content after these 90 days and will thereafter, unless legally prohibited delete all of Agency Content stored in Axon Evidence. Upon request, Axon will provide written proof that all Agency Content has been successfully deleted and fully removed from Axon Evidence. 14 Post-Termination Assistance. Axon will provide Agency with the same post-termination data retrieval assistance that Axon generally makes available to all customers. Requests for Axon to provide additional assistance in downloading or transferring Agency Content, including requests for Axon's Data Egress Services,will result in additional fees and Axon will not warrant or guarantee data integrity or readability in the external system. 15 U.S. Government Rights. If Agency is a U.S. Federal department or using Axon Evidence on behalf of U.S. Federal department,Axon Evidence is provided as a"commercial item,""commercial computer software," "commercial computer software documentation," and "technical data," as defined in the Federal Acquisition Regulation and Defense Federal Acquisition Regulation Supplement. If Agency is using Axon Evidence on behalf of the U.S. Government and these terms fail to meet the U.S.Government's needs or are inconsistent in any respect with federal law,Agency will immediately discontinue the use of Axon Evidence. 16 Survival. Upon any termination of this Agreement, the following sections will survive: Agency Owns Agency Content, Storage,Axon Evidence Warranty, and Axon Evidence Restrictions. Tit e:TASER 7 Agreement On ine P—ag-e-1—oFff Department: Legal Version: 1.0 Release Date: 3/31/2021 Page 39 of 104 AXON Axon Enterprise, Inc.'s TASER 7 (Online) Agreement � ) Professional Services Appendix (only applies if Agency purchases CEW Professional Services) 1 Utilization of Services. Agency must use pre-paid professional services as outlined in the Quote and this Appendix within 6 months of the Effective Date. 2 rMgr o—i-7es. CEW Services Packages are detailed below: System set up and configuration • Configure Axon Evidence categories&custom roles based on Agency need. • Troubleshoot IT issues with Axon Evidence. • Register users and assign roles in Axon Evidence. • For the CEW Full Service Package: On-site assistance included • For the CEW Starter Package: Virtual assistance included Dedicated Project Manager Assignment of specific Axon representative for all aspects of planning the rollout(Project Manager). Ideally, Project Manager will be assigned to Agency 4-6 weeks before rollout Best practice implementation planning session to: • Provide considerations for the establishment of CEW policy and system operations best practices based on Axon's observations with other agencies • Discuss the importance of entering metadata and best practices for digital data management • Provide referrals to other agencies using TASER CEWs and Axon Evidence • For the CEW Full Service Package: On-site assistance included • For the CEW Starter Package:Virtual assistance included System Admin and troubleshooting training sessions On-site sessions providing a step-by-step explanation and assistance for Agency's configuration of security, roles&permissions, categories&retention, and other specific settings for Axon Evidence Axon Evidence Instructor training • Provide training on the Axon Evidence to educate instructors who can support Agency's subsequent Axon Evidence training needs. • For the CEW Full Service Package: Training for up to 3 individuals at Agency • For the CEW Starter Package: Training for up to 1 individual at Agency TASER CEW inspection and device assignment Axon's on-site professional services team will perform functions check on all new TASER CEW Smart weapons and assign them to a user on Axon Evidence. Post go-live review For the CEW Full Service Package: On-site assistance included. For the CEW Starter Package:Virtual assistance included. 3 Smart Weapon Transition Service.The Smart Weapon Transition Service includes: Archival of CEW Firing Logs Axon's on-site professional services team will upload CEW firing logs to Axon Evidence from all TASER CEW Smart Weapons that Agency is replacing with newer Smart Weapon models. Return of Old Weapons Axon's on-site professional service team will ship all old weapons back to Axon's headquarters. Axon will provide Agency with a Certificate of Destruction *Note: CEW Full Service packages for TASER 7 include Smart Weapon Transition Service instead of 1- Day Device Specific Instructor Course. 4 Out of Scope Services. Axon is only responsible to perform the professional services described in the Quote and this Appendix.Any additional professional services are out of scope. The Parties must document scope changes in a written and signed change order. Changes may require an equitable adjustment in the charges or schedule. Tit e:TA ER 7 Agreement nine Page 7 of 8 Department: Legal Version: 1.0 Release Date: 3/31/2021 Page 40 of 104 Axon Enterprise Inc.'s TASER 7 XON Agreement (Online) Delivery of Services. Axon personnel will work Monday through Friday, 8:30 a.m. to 5:30 p.m., except holidays. Axon will perform all on-site tasks over a consecutive timeframe. Axon will not charge Agency travel time by Axon personnel to Agency premises as work hours. B Access Computer Systems to Perform Services. Agency authorizes Axon to access relevant Agency computers and networks, solely for performing the Services. Axon will work to identify as soon as reasonably practicable resources and information Axon expects to use and will provide an initial itemized list to Agency. Agency is responsible for and assumes the risk of any problems, delays, losses, claims, or expenses resulting from the content, accuracy, completeness, and consistency of all data, materials, and information supplied by Agency. 7 Site Preparation. Axon will provide a hardcopy or digital copy of current user documentation for the Devices ("User Documentation"). User Documentation will include all required environmental specifications for the professional Services and Devices to operate per the Device User Documentation. Before installation of Devices (whether performed by Agency or Axon), Agency must prepare the location(s) where Devices are to be installed ("Installation Site") per the environmental specifications in the Device User Documentation. Following installation, Agency must maintain the Installation Site per the environmental specifications. If Axon modifies Device User Documentation for any Devices under this Agreement,Axon will provide the update to Agency when Axon generally releases it. 8 Acceptance.When Axon completes professional Services,Axon will present an acceptance form ("Acceptance Form") to Agency. Agency will sign the Acceptance Form acknowledging completion. If Agency reasonably believes Axon did not complete the professional Services in substantial conformance with this Agreement, Agency must notify Axon in writing of the specific reasons for rejection within 7 calendar days from delivery of the Acceptance Form. Axon will address the issues and re-present the Acceptance Form for signature. If Axon does not receive the signed Acceptance Form or written notification of reasons for rejection within 7 calendar days of delivery of the Acceptance Form, Axon will deem Agency to have accepted the professional Services. 9 Agency Network. For work performed by Axon transiting or making use of Agency's network, Agency is solely responsible for maintenance and functionality of the network.In no event will Axon be liable for loss, damage, or corruption of Agency's network from any cause. Title:TASER 7 Agreement ( n ir1e) age 8 of Department: Legal Version: 1.0 Release Date: 3/31/2021 Page 41 of 104 THIS PAGE INTENTIONALLY LEFT BLANK Page 42 of 104 Oak Park Heights Request for Council Action Meeting Date: Tuesday November 23, 2021 Agenda Item : Water Meter Replacement Time Req. 3 minutes Agenda Placement: New Business Originating Department/Request : Andy Kegley, Pub 'c Works Director Requester's Signature Action Requested: -A�pprove ntec's proposal to assist the Cily with a water meter replacement project. Background/Justification (Please indicate any previous action has been taken or if other public bodies have been advised). See attached memo. Page 43 of 104 at City of Oak Park Heights 14168 Oak Park Blvd N.•Oak Parte Heights,MN 55082•Phone(651)439-4439• Fax 439-0574 Memorandum To: Eric Johnson, Administrator Cc: Mayor and Council From: Andrew Kegley, Public Works Director �1 Date: 11/18/2021 Re: City Water Meter Replacement The City has accumulated $672,000 toward a replacement project in 2022. With the $479,315,000 from the federal government under the American Recovery Plan Act which has not been earmarked for any other City project. Since a meter replacement project is projected to cost between $600,000 - $750,000 by utilizing the ARP funding and the meter replacement fund in the budgeted projects budget, the meter replacement project is fully funded. Funding Source Budgeted Projects: Water Meter Replacement $672,000 American Recovery Plan Funding (ARP) $479,315 Total Funds Available $1,151,315 Expenditures Stantec-Engineering Services $49,300 Meter Replacement Project (Estimated) $675,000 Total Expenditures $724,300 Ending Balance $427,015 Page 44 of 104 Most of the City's 1,430 water meters are over twenty years old and use displacement technology to record water flows. As displacement meters age, they tend to fail by reading less flow. Although there is no indication that this is a widespread issue at this time, the issue at hand is the City's ability to read the meters. The meter reading equipment specifically for reading the older meters is outdated, in fact we cannot even obtain replacement parts when the equipment fails. Staff has been scabbing old meter reading equipment together to continue reading for a couple years. Ideally the City would continue using SENSUS meters for continuity with our current system. Staff has replaced 156 domestic meters and an additional (54) M510 radios over the past three (3) years due to failure. Further, any new meters issued during the past few years have been the updated versions of SENSUS meters. There is a potential for real cost savings to the City by continuing to use SENSUS meters. Because planning and setting up the project correctly is complex, Staff requested Stantec assist with developing project specifications, a project manual and bidding the project. Staff will work closely with the selected contractor who will perform meter replacements therefore, this project will require a lot of staff time to complete. The estimated time line for replacing all water meters throughout the City is twelve (12) months, assuming meter and radio supply is not an issue. Attached is a proposal from Stantec which details the scope of services and provides an estimated schedule for the project. Stantec is proposing an estimated, but not to exceed cost of $49,300 for their assistance with the meter replacement project. I am requesting the City Council approve the proposal from Stantec for a not to exceed $49,300 to assist the City to complete a water meter replacement project. Page 45 of 104 Stantec 733 Marquette Avenue Suite 1000,Minneapolis,MN 55402-2309 November 19, 2021 Attention: Mr. Eric Johnson, City Administrator City of Oak Park Heights 14168 Oak Park Blvd. N. Oak Park Heights, MN 55082 Dear Eric, Reference: Proposal -Water Meter Replacement Assistance We appreciate the opportunity to help the City of Oak Park Heights navigate the process and assist with the selection and implementation of new water meters in Oak Park Heights. We have been involved with several similar projects with other municipal clients and look forward to working with you and your staff. The proposed scope and estimated fee for the work is shown below. 1. Project Kick-off, Data Collection, and Preparation of Request for Proposals (RFP) For this task, we will conduct a project kick-off meeting with City staff to review the project. Prior to the meeting, we will request data from the City related to the water meter inventory that will be part of the replacement project. During the kick-off meeting we will discuss key goals for the project including schedule, technology considerations, and approach to obtaining proposals for the supply and installation of the water meters. After the kick-off meeting, we will prepare a draft of the water meter Request For Proposals (RFP). We will have a virtual meeting with the City to review the draft RFP and discuss your questions and comments. We will then prepare a final draft of the RFP and submit to the City for your final approval. Kick-off Meeting Agenda/Minutes, Draft and Final Request for Proposals 2. Advertisement, Review of Responses and Summary Using the approved final RFP, Stantec and the City will agree upon the proposed advertising schedule. Stantec will publish an advertisement for the RFP in the City's official newspaper and on QuestCDN. Proposals from water meter suppliers and their installers will be submitted directly to the City (hardcopy expected). Stantec will review and summarize the proposals and provide that information to the City. We will have an in-person meeting with the City to review the proposals and discuss a strategy for Page 46 of 104 November 19, 2021 Mr. Eric Johnson Page 2 of 5 Reference: Proposal—Water Meter Replacement Assistance interviewing preferred suppliers. The interviews are a critical part of the selection process and will allow the City to better understand the strengths of the products, the implementation strategies, meet the team members that you'll be working with and to ask questions. Stantec will attend all interviews along with the City staff. The interviews should be scheduled consecutively, on the same day, to retain information and comparisons between products/suppliers. After the interviews, Stantec will prepare a Recommendation Memo to summarize the proposals received, interview comments, and identify a recommended supplier for the project. : Advertisement Documents, Summary of RFP Responses, Recommendation Memo 3. Installation Kick-oft Meeting, Communication with Property Owners, and Progress Meetings Once the agreement is signed with the selected supplier, a meeting will be held with the supplier and their installation subcontractor, to review how the public will be notified, phasing of the installation, installation protocols and responsibilities. We will prepare a meeting agenda and minutes for the project kick-off meeting with the City and the water meter supplier, installer, and inspection subcontractor. It is assumed that Stantec will help the City prepare public outreach documentation including items listed below. It is assumed that the City will be responsible for mailing notices and creating the website page. Stantec will provide content in PDF or MS Word format to be incorporated into City publication documents. • Stantec will use the Contractor's phasing plan information to prepare a phasing map for the City Website and communications with the property owners. • Draft text for property owner notification letter(assume one letter). • Content for project page on City website (project summary, frequently asked questions, phasing map). Stantec will be a resource for the City during installation and coordinate two progress meetings (one in-person and one virtual) during the work to determine if the work is being completed on schedule and to communicate issues or concerns back to the City. It is assumed that Public Works staff will need to be involved with the installation and available to operate property shut off valves if plumbing concerns are uncovered. Kick-off meeting agenda/minutes, Draft Communication letter for property owners, CIS phasing map for distribution and website, progress meeting agendas/minutes. 4. Project Construction Services At the end of the award and Contract execution stage, Stantec will review project product submittals for consistency with original proposal and signed agreements before the installation of the products are permitted. Stantec will document quantities of installed meters to be used for preparation for partial payment requests. Stantec will assist the City with any disputes with the Page 47 of 104 November 19,2021 Mr. Eric Johnson Page 3 of 5 Reference: Proposal—Water Meter Replacement Assistance selected vendor with respect to products or installation practices. Stantec will prepare any Change Orders that are required. Deliverables: On going shop drawing reviews and payment requests, etc. 5. Project Closeout At the conclusion of the meter installation process, Stantec will review project quantities for consistency with original proposal and signed agreements before recommending final payment and project closeout. Deliverables: Project closeout summary memo Project Assumption.; • The City will provide an accurate count of the number and sizes of all meters planned for replacement. • The RFP will require that the installation contractor provide an overall database to document the work completed. The RFP will require the database to be sortable to quickly identify certain features that will be useful to the City for future recordkeeping. • It is assumed that this project will require eight meetings. Three meetings with the City, one meeting for contractor interviews, one meeting with the selected contractor, two project progress meetings, and one additional meeting. • Stantec will not provide resident coordination or on-site observation of installation work. • The project is limited to water meter installation —no other plumbing related inspections. • The City will be responsible for coordinating staff software training and data transition directly with the Supplier. Stantec will be available to assist. • Water meter installation scheduling/coordination with residents will be performed by the water meter supplier/installer. Property owner questions will be communicated to the City or the water meter installer. • RFP publication costs paid by the City. • Pay requests submitted by the Supplier will be reviewed by Stantec. It is assumed that the project will begin in 2022 and be completed in 2023. Stantec proposes to complete the scope of work defined above for an estimated hourly not-to-exceed amount of$49,300. We will invoice monthly and will not exceed this fee without prior authorization. Page 48 of 104 November 19, 2021 Mr. Eric Johnson Page 4 of 5 Reference: Proposal—Water Meter Replacement Assistance We will work to meet your scheduling needs on this project. Upon your authorization to proceed, we will schedule a meeting with Public Works and City staff to gather additional data, meter counts, and discuss strategies. The draft RFP will be completed within five weeks of that meeting and upon receiving all necessary information. Advertising of the RFP can begin immediately after the City's final approval of the RFP. A potential schedule for this project is as follows: November 23, 2021 Council Authorization to prepare Request for Proposals December 15, 2021 Project Kick-off Meeting January 19, 2022 Draft RFP to City February 8, 2022 Council Approval to advertise RFP March 4, 2022 Receive Proposals Week of March 7, 2022 Proposer Interviews March 22, 2022 Council Reviews RFPs, Considers Award April 5, 2022 Start of Project March 31, 2023 Project Completion This letter and Scope of Services described above represent the understanding between the City and Stantec in respect to the Project and may only be modified in writing signed by both of us 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. CITY OF OAK PARK HEIGHTS By Print Name and Title Date Page 49 of 104 November 19, 2021 Mr. Eric Johnson Page 5 of 5 Reference. Proposal—Water Meter Replacement Assistance If you have any questions, need additional information, or wish to discuss this matter in greater detail, please contact us. Thank you for the opportunity to provide these services. Regards, Stantec Consulting Services Inc. Mark R. Rolfs, PE Lee M. Mann, PE Principal Principal Phone: 612 712 2123 Phone: 612 712 2085 " 2stantec.com Lee.Mann(cr))stantec.cem c. file Page 50 of 104 s Oak Park Heights Request for Council Action Meeting Date: Tuesday November 23 2021 Agenda Item : 2022 Mill and Overlay -Area 7 Time Req. 3 Minutes Agenda Placement: New Business Originating Department/Requestor: Ardv Ke2ley, Public Works Director Requester's Signature Action Requested: Authorize Stantje to design and bid 2022 Mill and Overla Project. Background/Justification(Please indicate any previous action has been taken or if other public bodies have been advised). See attached memo. Page 51 of 104 City of Oak Park Heights 14168 Oak Park Blvd Me Oak Park.Heights.MN 55082•Phone(651)439-4439+Fax 439-0574 Memorandum To: Eric Johnson, Administrator Cc: Mayor and Council From: Andrew Kegley, Public Works Director Date: 11/18/2021 Re: 2022 Mill and Overlay -Area 7 The city successfully completed the majority of mill and overlay projects it originally set out to do beginning in 2015. One large remaining residential section is AREA T, (See map) which I'll describe as the Brekke Park neighborhood, Oldfield Ave, O'Dell Ave. We'll also include the asphalt at City Hall in the project. The plan initially tailed for a mill and overlay in 2023, however since areas were combined to save on mobilization costs, we've been pushing the schedule forward. Funding Scenario: Exact project costs are unclear until planning begins in earnest, but I estimated a rough project cost of $600,000 in the initial M&O plan using then current costs and adjusting for inflation. However, costs for completed M&O projects have been on average 28% lower than anticipated. In 2022 the mill and overlay budget will have an available balance of $528,898. The City can also utilize the $103,169 small cities grant money set aside for street maintenance. In the event there is a shortfall, as previously discussed in budget meetings, the Council would have the option to fund a possible overrun using the street reconstruction budget. If project costs are higher than anticipated, Council will also have the option to reject all bids and delay the project. Page 52 of 104 2022 Mill and Overlay-Area 7 Project Funding M&O Fund Balance $ 528,898 Small Cities Assistance Grant $ 103,169 $ 632,067 Expected Expenditures $ (600,000) Remaining Balance $ 32,067 Possible Alternate Funding Sources Street Reconstruction Fund $ 3,356,000 Project Schedule: An estimated timeline/ schedule for preparing and bidding the project is as follows: November 23, 2021 Authorize Stantec to prepare plans and Specs. January 25, 2022 Approve plans /Authorize bidding. February 17, 2022 Bids Due February 22, 2022 Council reviews bids, considers contract award. May/June 2022 Construction Begins Fall 2022 Substantial Completion Stantec submitted a proposal to design and bid the project for a not to exceed amount of $43,500. 1 am seeking from Council, authorization for Stantec to design and bid a 2022 Mill and overlay project for Area 7 for the not to exceed cost of $43,500. 2 Page 53 of 104 5 Stantec 733 Marquette Avenue Suite 1000,Minneapolis MN 55402-2309 November 19, 2021 File: 193880119 Attention: Mr. Eric Johnson City of Oak Park Heights 14168 Oak Park Boulevard Oak Park Heights, MN 55082 Reference: Proposal for Engineering Services —2022 Mill and Overlay Project Dear Eric, This letter constitutes the Scope of Services for Professional Services between the City of Oak Park Heights and Stantec Consulting Services Inc. for providing design and bidding services for the 2022 Mill and Overlay project. The Mill and Overlay improvements generally include area 7 as shown on the City's Street Maintenance Areas map (attached), as well as the City Hall and Public Works parking lots and Oak Park Boulevard/57th Street between Oak Cove N and Obrien Ave N. The total estimated hourly not-to-exceed (without prior authorization) fee for the design and bidding is $43,500, including expenses. A proposal for construction services will be forwarded for the City's review toward the end of the design phase. Task descriptions and a fee summary are provided below. Task 1: Design Services The design services for the project include the following: • Project Kick-Off: Meeting with City staff to confirm elements to be included in the project. • Preliminary Site Investigation: Stantec staff will walk project streets and parking lots to identify bituminous patching areas, curb replacement and structure adjustment quantities, and other issues. • Design: Prepare construction plans and an opinion of probable cost. Present and discuss plans with City staff at progress meeting to be held at 90% plan completion. • Construction documents: Preparation of construction plan set and project specifications. • Mileage and printing. Task 2: Bidding Services The bidding services for the project include the following: • Package Bid Documents and Issue Ad for Bids • Respond to contractor questions and issue addenda as needed • Attend bid opening and review/compile a tabulation of all bids received • Prepare award letter/recommend award of project Page 54 of 104 November 19,2024 Mr.Eric Johnson Page 2 of 3 Reference: Proposal for Engineering Services-2022 Mill and overlay Project The fees for the tasks outlined above are as follows: Task 1 — Design Services $39.000 Task 2 — Bidding Services $4,500 Total Estimated Fee $43,500 Proposed Schedule A potential schedule for this project is as follows: November 23, 2021 Authorization to prepare Plans and Specifications January25, 2022 Approve plans and specifications/Authorize Bidding February 17, 2022 Receive Bids February 22, 2022 Council Reviews Bids, Considers Award May/June, 2022 Begin Construction Fall, 2022 Substantial/Final Completion This letter and Scope of Services described above represent the understanding between the City and Stantec in respect to the Project and may only be modified in writing signed by both of us 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. CITY OF OAK PARK HEIGHTS By Print Name and Title Date Page 55 of 104 November 19,2021 Mr.Eric Johnson Page 3 of 3 Reference: Proposal for Engineering Services—2022 Mill and overlay Project If you have any questions, need additional information, or wish to discuss this matter in greater detail. please contact us. Thank you for the opportunity to provide these services. Regards; Stantec Consulting Services Inc. MN,WI, CA MN City Engineer Senior Associate Phone: 612-712-2085 Phone: 612-712-2125 Lee.mann@stantec.com Kellie.schlegel@stantec.com attachment: Street Maintenance Areas Map c. file Page 56 of 104 v , - r sw 4 auW " enU «.. c9 E t � r. L Y it OL Lm N t o- ' IW • C? - A f, C �( * r 4 Y N M V LD x, i w 5'a!"^ � �•'mt'wig _I +S'T°� i x w n, • { {L w M4 w ^. Q O V Pale 51 of 104 I ` THIS PAGE INTENTIONALLY LEFT BLANK Page 58 of 104 Oak Park Heights Request for Council Action Meeting Date November 23, 2021 Agenda Item 2022 City Council Meeting Dates Time Req. 0 Agenda Placement New Business Originating Depart mentlRequestor Administration/Jennifer Pinski Requester's Signature Action Requested Review, make any necessary changes, and approve dates Background/Justification (Please indicate any previous action has been taken or if other public bodies have been advised). Please see the attached calendar with the second and fourth Tuesdays of each month highlighted. Please note, the Primary Election will be held on August 9 and no public meetings are allowed on that date. The City Council typically cancels the first meetings in June, July and August and the last meeting in December. Page 59 of 104 N OM Sn N N oo N N N w N N LnN Q 'l; crt N N U) v1 N N N G1 n N OM �7 eM. N N 1-0 V F co N n p E- N N N N a N c~IJ cn :: N ewi Z :n 1-n NO N :n Lnr N !n er .�-� N tr .:r mom. N N (C'Y N CJ G� .�+ N O FU +M-o N N J N P r N i '. a0 N In 11 a tq 0, N ;/: Ln ;r, - co N N w 1� ems- N N [r`7 I v ee4 N GLV ' e• a0 NN O V" M O m N G1 e u) 1 f N N VJ t Z N iDJA � o j� c0 1!) .' cu G1 pQp 2 ti CL m p (� = GJ rr M SLn V R (0 m V .`r Page 60 of 104 Oak Park Heights Request for Council Action Meeting Date November 23rd.2021 Time Required: 5 Minutes Agenda Item Title: Scope and Fee Amendment for Engineering Services–Norell Avenue/60th Street Reconstruction AGENDA PLACEMENT NEW BUSINESS ORIGINATING DEPARTMENT/Regquestor: 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): MNDOT has inquired if the City would be amenable to the installation of the trailway/sidewalk in its Norell Ave. Project-along the north side of the Frontage Road. MNDOT believes that such installation will improve connectivity for ADA purposes. This segment however is not in the current scope of the Project funding nor with STANTEC services and Staff has expressed to MNDOT that concern. MNDOT has responded that MNDOT will provide the funding for all costs in a potential lump sum agreement,however the City will be required to maintain it in perpetuity. STANTEC's costs would be $22,300 for design,bidding etc.with unknown costs for construction–at least at this time. Please see the attached memo from LEE MANN, STANTEC–dated 11/19/21. 0 II gF ,..,.E ---"- _----- -�---- ---- ------------------ - -- — -__- ._ -__ -_--- -- �F= eTM>a. ----- -- M. a r Appleby's % Vr C ULLLLL tLLUIL,L - - 1j N 601H ST N.TRAIL Page 61 of 104 November 19, 2021 File: 193805171 Attention: Mr. Eric Johnson City of Oak Park Heights 14168 Oak Park Boulevard Oak Park Heights MN 55082 Reference: Scope and Fee Amendment for Engineering Services— Norell Avenue/60th Street Reconstruction Dear Eric: As requested, this letter presents an amendment regarding the design scope of services and fee previously approved by the City Council for the Norell Avenue/60th Street Reconstruction Project. Pursuant to MnDOT's review of the plans for the project, their ADA office has indicated a strong desire for an additional trail segment to be included along 60th Street between TH 36/Norell Avenue and Norwich Avenue. See the attached figure. It is our understanding that MnDOT would fund this additional component to the project. The additional fee needed (hourly not-to-exceed without prior authorization)to include the design of the trail and modifications to 60th Street, as shown on the attached figure, is $22,300. This letter amending the scope of services to include adding the trail segment to the project bidding documents represent the understanding between the City and Stantec in respect to the amended Project and may only be modified in writing signed by both of us and is subject to the current Master Services Agreement between the City and Stantec. If this letter satisfactorily sets forth the conditions of our amendment to the original Agreement dated 10/28/2020, please sign in the space below and return one copy to our office. Thank you for the opportunity to provide these services. CITY OF OAK PARK HEIGHTS By Print Name and Title Date Page 62 of 104 If you have any questions, need additional information, or wish to discuss this matter in greater detail, please contact me. Regards, Stantec Consulting Services Inc. �-ee M. Mann, PE MN,WI,CA Principal Phone: 612-712-2085 Lee.Mann@stantec.com Attachment: 60th Street Trail Figure 1 c. file Page 63 of 104 I I ------------------ 4J �AVVI��dA� --------- -- - oz� ------------------------------ All I I ' I o --------------------- I III I II I , I I W I I � I I I o I I ~ I e I �I °10 lu yl III ' III _______________ II i III i I III I I. I �I VI I III - I yl I AI i I � N I � II I�411I I III yl i III j I' - I yl i SNI i II I I �I i III II I ' i II yl NI � I II I"III I I � I III II II II RIII II I of i I ' li IlilI I I I' h i II n lii i, 3d,'_I ro I _ II ,NI d f'N 3AV FDIMTICN ��OJ `A V, SWI I jl II o0 j J ° N I II I II I II � I I ry _ o i yl I a_ II Ir *Ir 80 i I II f I I II ----------- w II I I pl II II � F— /�� LLJWC I O I 0 / /✓/ i��, l _ � --------------------- I 11 LLJC \/� /d✓ l IIIA Iml j IIS.:: \\� I I <_ / ✓ IIIII \ g`� J D:f Z ----------------- I — - � Z /mil /� I�im li Z Q > O W JA _ III I ~ ~ 0 10 U Z N anv 11-1 ° 1916` Oak Park Heights Request for Council Action Meeting Date November 23rd.2021 Time Required: 10 Minutes Agenda Item Title: Bayport Fire Services Agreement—Request for Further Disucssion AGENDA PLACEMENT NEW BUSINESS ORIGINATING DEPARTMENT/Requestor: Eric Johnson, City Administrator Requester's Signature: e41— 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. Page 65 of 104 i City of Oak Park Heights 14168 Oak Park Blvd. N•Oak Park Heights,MN 55082•Phone(651)439-4439•Fax(651)439-0574 11-19-21 MEMO AA Year Amount OPH OPH Bond T0: Mayor and City Council Members PAID Payments FROM: Eric Johnson, City Administrator 1 2015 $ 224,238.00 $ 93,000.00 2 2016 $ 230,371.00 $ 93,000.00 RE: Bayport Communication dated 11/18/21 3 2017 $ 241,689.00 $ 93,000.00 4 2018 $ 249,795.00 $ 93,000.00 Please see the enclosed communication from the City of Bayport requesting 5 2019 $ 260,206.00 $ 93,000.00 the City and other parties of the Fire Services Agreement to participate in some 6 2020 $ 268,947.00 $ 93,000.00 a 7 2021 $ 272,597.00 $ 93,000.00 further discussions related to possible amendments to the current Agreement 8 2022 $ 280,774.91 $ 93,000.00 for Fire Services. 9 2023 $ 289,198.16 $ 93,000.00 10 2024 $ 297,874.10 $ 93,000.00 Bayport indicates issues about predictability and transparency in the budget 11 2025 $ 306,810.33 $ 93,000.00 process beingproblematic and resultingIn challenges for them. However, the 12 2026 $ 316,014.63 $ 93,000.00 g 13 2027 $ 325,495.07 $ 93,000.00 clear undertone is that BAYPORT seeks to shift costs (via a prospective 14 2028 $ 335,259.93 $ 93,000.00 TOTAL: contract amendment)to other parties and do not immediately outline how this is Total $3,899,270.13 $1,302,000.00 sszoi,z7o.is to be considered NOR offer discussion points about the realities that the service delivery model may also be in need 2021 FAIR SHARE FORMULA of review. OAK PARK BAYTOWN BAYPORT HEIGHTS TOWNSHIP WEST LAKELAND Please recall, the City essentially has a SERVICE 16.5% 53.4% 10.3% 19.8% CONTRACT with Bayport as Bayport sought unilateral control $ 84,382.32 $ 272,597.35 $ 52,336.53 $ 101,205.79 of Department in exchange for partnership in the building and related annual costs with an agreed upon annual increase to not exceed 3% of the prior year's calculation. Based on fire run data and tax capacity valuations, Oak Park Heights pays 53% of the total - $272,579 for 2021 —as well as the agreed upon percentage of building costs of approximately$93,000 annually. In short Oak Park Heights pays the bulk of the annual operating costs and a significant percentage of the building bond costs. Over 14 years these will total approximately $5.2 Million. Certainly, there may be issues the City of Bayport is having with their cost structures --- but the parties have 7 YEARS remaining on the current Agreement and which was duly negotiated with parties in 2015 and where the City made long-term commitments to Bayport. Based on the submission and the known history: Staff has discussed this and would like to recommend to the Council that: (1) If the Council desired to consider participating in some discussions that it appoints a formal "Discussion Delegation"consisting of TWO COUNCIL MEMBERS, the Chief of Police and the City Finance Director with capacity to learn about issues the City of Bayport mentions or others may suggest as well as possible conceptual options to address these. The Discussion however- must include concepts of longer-term partnerships, creation of fire districts, merging with other departments, different management structures, and defining what "equitable" means in the context of these total service delivery costs. Nothing can be "off-the table". The directive to the Delegation at this time is not to negotiate, but to explore ideas, concepts and positions of other parties. (2) The Discussion Delegation is to directed to report back to the Council after not more than TWO meetings (not later than February 2022)with a comprehensive update about these discussions, issues and prior to any further meetings being held. Page 66 of 104 Csty ofBayport 294 NORTH THIRD STREET BAYPORT,MINNESOTA 55003 V3 PHONE 651-275-4404 FAx 651-275-4411 WWW.CLBAYPORT.MN.US November 18, 2021 To: Mary McComber, Mayor, City of Oak Park Heights (via email only) Eric Johnson, City Administrator, City of Oak Park Heights (via email only) Rick Weyeruch, Baytown Township (via email only) John Hall, Baytown Township (via email only) Dave Schultz, West Lakeland Township (via email only) From: Adam R. Bell, City Administrator, City of Bayport Susan St. Ores, Mayor, City of Bayport Fire Chief Eisinger, City of Bayport John Thames, Bayport Special Counsel, Carson, Clelland & Schreder RE: Bayport Fire Department Service Agreement Review Concerns On November 10, 2021, designated representatives from the City of Bayport, the City of Oak Park Heights, Baytown Township, and West Lakeland Township formally met at the Bayport Fire Station to conduct a seven-year review of the 2015 Bayport Fire Service Agreement(the Agreement), to include an evaluation of the implementation of current policies and practices pursuant to the Agreement. Fire Chief Eisinger provided a year-to-date update and answered various questions about the current status of the department, including recruitment and retention. While the Agreement provides Bayport with authority to determine the annual makeup of the Fire Department budget, it has become clear that the parties would benefit from greater clarity and mutual agreement as to what items should generally be included in the budget. Further, and related to that discussion, the parties should contemplate whether the Agreement language should be amended to contemplate greater budgeting for long-term capital and equipment funding and/or future potential staffing needs. Bayport requested that the four communities begin discussions about how to address these concerns and possibly amend the current agreement. The consensus of those in attendance was that it is in the best interest of all the communities to begin those discussions now. After briefly discussing these two subjects, Oak Park Heights Administrator Johnson requested that Bayport provide a written overview of what is being considered or proposed to share with the Oak Park Page 67 of 104 Heights City Council so they can make an informed decision to participate in the requested discussions. It is Bayport's position that the Agreement, as currently constructed, is deficient in providing a sustainable and predictable funding mechanism for the long-term operation of the Bayport Fire Department. The two issues of equipment replacement and potential future staffing needs are not specifically and adequately considered by the current terms. Therefore, Bayport believes that it is proper and timely to discuss amending, supplementing, or replacing Article II of the agreement to adequately address these future expenses. It is also Bayport's position that to delay addressing these matters until the expiration of the agreement would be irresponsible, and would do a disservice to the interested communities. The known and estimated equipment replacement costs will occur at some point. While the future staffing costs are unknown at this time, Bayport is certain that at some point, those staffing needs will arise, as demonstrated with several other area departments. Bayport further believes that it is in all the served communities' interest to begin planning for these costs now versus ignoring or postponing them. If additional funding for these future expenses is not considered or reserved now, incrementally, for the remaining term of the agreement, the resulting increase in 2030 will be significantly more for each community. One of the goals of these discussions is also to provide better budget predictability and transparency for everyone. Bayport is prepared to provide additional transparency in the Fire Department budget process and expenditures. We believe this would help the other communities better understand where their service expenses are going, which in turn is useful to help explain the value to each communities' respective residents and taxpayers. At this time, Bayport is requesting to formally discuss these matters and collaborate to find the best path forward to ensure that the Bayport Fire Department is sustainable and the obligation for funding is reasonable, fair, and equitable. Bayport does not have any specific terms or rate change proposals at this time. The purpose of the requested discussions is to collaborate on those proposals. To that end, Bayport proposes that the four communities meet again to formally continue our discussion of addressing the long-term sustainability of the Bayport Fire Department on Wednesday, December 15, 2021 (time TBD). We eagerly look forward to your participation. CC: Assistant Fire Chief Mike Galowitz, City of Bayport(via email only) Chief of Police Steve Hanson, City of Oak Park Heights (via email only) Jennifer Pinski, Assistant City Administrator/City Clerk, City of Oak Park Heights (via email only) Page 68 of 104 Oak Park Heights Request for Council Action Meeting Date November 23rd,2021 Time Required: 5 Minutes Agenda Item Title: Lookout Trail Reconstruction - Consider Change Order#2— 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 enclosed communication from Lee Mann, City Engineer outlining the Change Order#2 Request from Dressel Construction - $6,000. STAFF is requesting approval of Change Order#2. Page 69 of 104 ® Stantec Memo To: Eric Johnson, City Administrator From: Lee M. Mann, P.E. City of Oak Park Heights City Engineer File: 193805070 Date: November 18, 2021 Reference: 2021 Lookout Trail Improvements Project— Change Order#2 Eric, The existing low-tension cable guardrail along segments of the east side of Lookout Trail was removed (salvaged) prior to the roadway construction as it was within the grading limits. The contract called for the contractor to reinstall the existing guardrail, including the concrete end anchors, upon completion of the roadway paving. Upon removing the concrete blocks, both Dresel Contracting and Stantec staff noted deterioration of both the concrete and the steel cable anchors and felt that reusing these blocks would be a potential safety hazard. The anchor blocks are large concrete structures - approximately 4' square by 4' in height. The cables are connected directly to these anchor blocks, and as such, the blocks are integral to the safety and integrity of the guardrail system. The contractor installed four new end anchors at a cost of$3,000 each, for a total of$12,000. As we have previously discussed, we recommend that the City consider paying 50% of these additional costs, or$6,000, to the contractor. With this additional cost, the revised contract amount would be $1,014,296.51. However, with the project substantially completed, we anticipate the final construction cost (including half the anchor replacement costs and CO#1) to be approximately $965,000, which is under the original contract price of$975,985.95. Let me know if there are any further questions. Stantec Consulting Services Inc. MN,WI,CA Principal Phone: 612-712-2085 Lee.Mann@stantec.com c. file Page 70 of 104 Dresel Contracting, Inc. 24044 July Ave Chisago City, MN 55013 Phone: (651) 257-9469 Fax: (651) 257-1169 ; i I�r � i a i i 1.j � rar To: City of Oak Park Heights 14168 Oak Park Blvd. N Oak Park Heights, MN 55082 Proj ect: Oak Park Heights Lookout Trail RFC No: 2 Date: 9/15/2021 Description: Due to the condition of the anchors for the guardrail and the safety factor they no longer possessed it was determined in the field that the anchors should be replaced. The condition of the concrete and steel anchors had deteriorated overtime,(perhaps by salt and weather?) and at this point in the process it wasn't worth chancing a potential loss of life or property to use a non-functional part. Dresel Contracting requests a change order add of$3000 per anchor(4) for the replacement of these anchors. This is to cover the cost of our subcontractor supplying the new certified safety anchors. The above work is subject to the same conditions as specified in the original contract unless otherwise stipulated. Upon approval the sum of$12,000.00 will be added to the contract price. Original Contract $975,985.95 Other Approved Change Orders $32,310.56 Total Contract to Date $1,008,296.51 This Request $12,000.00 Other Pending Requests $0.00 Total Contract plus Pending RFCs $1,020,296.51 Authorized Signature: Date: Dresel Contracting, Inc. Authorized Signature: Date: City of Oak Park Heights Page 71 of 104 Owner: City of Oak Park Heights, 14168 Oak Park Blvd. N., Oak Park H Date November 18, 2021 ®Stantec Contractor: Dresel Contracting, Inc., 74044 July Ave., Chisago City, MN 55013 Bond Co:Travelers Casualty&Surety Co. of America, One Tower Square, 2SHS, Bond No: Hartford,CT 06183 10737/8029 CHANGE ORDER NO. 2 2021 LOOKOUT TRAIL IMPROVEMENTS STANTEC PROJECT NO. 193805070 Description of Work This Change Order provides for the replacement of the concrete anchor blocks at the ends of the existing low-tension 3-cable guardrail along the east side of Lookout Trail Contract Unit Total No. Item Unit Quantity Price Amount CHANGE ORDER NO.2 1 CONCRETE ANCHOR BLOCK EA 2 $3,000.00 $6,000.00 Page 72 of 104 193805070CH02.xlsm Original Contract Amount $975,985.95 Previous Change Orders $32,310.56 This Change Order $6,000.00 Revised Contract Amount (including this change order) $1,014,296.51 CHANGE IN CONTRACT TIMES Original Contract Times: Substantial Completion (days or date): Ready for final Payment (days or date): Increase of this Change Order: Substantial Completion (days or date): Ready for final Payment (days or date): Contract Time with all approved Change Orders: Substantial Completion (days or date): Ready for final Payment (days or date): Recommended for Approval by: STANTEC Date: Approved by Contractor: Approved by Owner: DRESEL CONTRACTING, INC. CITY OF OAK PARK HEIGHTS, MN Date Date cc: Owner Contractor Bonding Company Stantec Page 73 of 104 193805070CH02.xlsm THIS PAGE INTENTIONALLY LEFT BLANK Page 74 of 104 Oak Park Heights Request for Council Action Meeting Date November 23rd, 2021 Time Required: 5 Minutes Agenda Item Title: LCI Landscapes -Land Reclamation& Grading - Conditional Use Permit- 5675 Newell Circle 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 November 10th, 2021 2. Approved Planning Commission Resolution—Unsigned 3. Proposed City Council Resolution. Page 75 of 104 3601 Thurston Avenue N, Suite 100 Anoka, MN 55303 Lxwt Phone; 763.231.5840 Facsimile: 763.427.0520 TPCTPC@PlanningCo.com MEMORANDUM TO: Eric Johnson FROM: Scott Richards DATE: November 10, 2021 RE: Oak Park Heights— Request for a Conditional Use Permit— Land Reclamation and Grading Conditional Use Permit— 5675 Newell Circle TPC FILE: 236.06 —21.10 BACKGROUND Tim O'Connor (Applicant) representing LCI Landscapes has made an application for a Conditional Use Permit to allow for land reclamation and grading of over 25 cubic yards of material per acre as part of construction of a boulder retaining wall at 5675 Newell Circle. The Applicant has requested the Conditional Use Permit to comply with the provisions of Ordinance 308 in that soil to be added to the site will consist of approximately 40 cubic yards of material. The property is zoned R-1 Single Family Residential District. EXHIBITS The review is based upon the following submittals: Exhibit 1: Aerial Photo of Site Exhibit 2: Grading/Drainage Plan Exhibit 3: Report of the City Engineer— November 9, 2021 Exhibit 4: Site Pictures PROJECT DESCRIPTION The Applicant has applied for the Conditional Use Permit to allow for the addition of fill and construction of the boulder retaining wall at the rear property line. Work on the project has begun, and the Applicant provided the application when it was determined that the permit would be required. Approximately 40 cubic yards of soil will be brought into the site to provide a more level area in the back yard. The boulder wall will be A placed in the drainage and utility area that extends the length of the rear property line. Ordinance 308 of the City Code indicates the following as it relates to land reclamation and grading: Page 76 of 104 308.08 Land Reclamation and Grading. Within this Ordinance, land reclamation is the reclaiming of land by depositing or moving materials so as to alter the grade. Land reclamation shall be permitted only by Conditional Use Permit in all districts. Depositing a total of more than twenty-tve (25) cubic yards of material per acre, either by hauling in fill or re-grading the area, shall constitute land reclamation. Land reclamation in all flood plains shall be in accordance with the Flood Plain Ordinance. The permit shall include, as a condition thereof, a finished grade plan which shall not adversely affect adjacent land, shall regulate the type of material permitted, program for rodent control, plan for fire control, and general maintenance of the site, controls for vehicular ingress and egress, drainage, and control of materials disbursed from wind and/or hauling of material to and from the site. The City Engineer has provided comments as found in Exhibit 3. He has indicated that the wall and fill will not alter the overall existing drainage patterns. As proposed, the wall will be two feet from the rear property line. He has recommended the wall be placed no closer that three feet from the rear property line to keep the drainage path clear and allow for easier maintenance between the wall and wood fence. The boulder wall will be placed in the 10-foot drainage and utility easement. A condition will be added to the permit related to damages, repairs, or additional improvements if access is required by the City through the easement. ISSUES ANALYSIS Comprehensive Plan: The property is designated as low density residential in the Comprehensive Land Use Map. The request is consistent with the Comprehensive Plan policies related to low density land use. Zoning: The property is zoned R-1 Single Family Residential District. There are no zoning issues with this request, but Ordinance 308 of the City Code regulates water drainage and land reclamation. Conditional Use Permit Criteria: The conditional use permit criteria, found in Section 401.03.A.7 of the Zoning Ordinance, are found as follows: 1. Relationship to the specific policies and provisions of the municipal comprehensive plan. 2. The conformity with present and future land uses in the area. 3. The environmental issues and geographic area involved 4. Whether the use will tend to or actually depreciate the area in which it is proposed. 5. The impact on character of the surrounding area. 6. The demonstrated need for such use. 7. Traffic generation by the use in relation to capabilities of streets serving the property. 2 Page 77 of 104 8. The impact upon existing public services and facilities including parks, schools, streets, and utilities, and the City's service capacity. 9. The proposed use's conformity with all performance standards contained herein (i.e., parking, loading, noise, etc.). Comment: The Planning Commission should comment if any of these criteria will be at odds with the Conditional Use Permit proposed for the site. There will be no impact on drainage with this proposal if the conditions of the City Engineer and Ordinance 308 are are complied with. There should be no negative neighborhood issues with this request. CONCLUSIONIRECOMMENDATION Upon review of the request for the Conditional Use Permit to allow for land reclamation and grading of over 25 cubic yards of material per acre as part of construction of a boulder retaining wall at 5675 Newell Circle, Staff recommends the application with the following conditions: 1. The Owner and Applicant shall comply with all provisions of Chapter 308 of the City Code. 2. All conditions of the City Engineer's letter dated November 9, 2021, shall be complied with, including placement of the boulder wall no closer than three feet from the rear property line. 3. The Owner acknowledges that their project encroaches into existing public drainage and utility easements and Owner is fully responsible for any damages, repairs or encumbrances impacting such areas should these unreasonably interfere with such easements. Further, the Owner acknowledges that the City is not responsible for any damages or repairs to the Owner's improvements should the City need to perform any maintenance or other actions deemed necessary for public drainage or utility purposes in such areas. 4. The Owner and Applicant may not install underground stormwater piping connecting eaves or roof downspouts to a point of discharge below the top grade of the proposed rock wall. All stormwater structures and piping (including downspouts) from such roof areas must be above grade, ensuring continued overland drainage. 5. Any other conditions of the Planning Commission, City Council and City Staff. 3 Page 78 of 104 a r v. u IL _ .., r , hk s r k 7,1W AXT '411 ' j 44, �Jjr � L£o£—G+s—zss N -7708/0 7731143N 5L85 "CGS; NiN`3RlIV2ld N303 yiwm jo M}u 3u A sMn� ins°rra°p O w -u 3jN3cls3y �37snoH �M�W 3 �o�tanan re re ffe �m svr A3MM SK inu��m Ai1 puo� + ,� 1yJrdj}r NDIS30 lD 7 �ja3SOdOYd `--I`--101 d A.m 0 aLva NV7d 30VNIVcYG / DNIGVYD tzoz .n I! > IM 4 LO U co �m 0 UVj N V \ timd oo ti Y� �= � II cn UUQ I jJ Ln Y J QmZ fI1Lw= LQd Q `i H lrtn LL o I' dt s �s "O\ + ryr (D I.-LL, a Q00aa r wWD x o r- ° Ld (SIN) s t r l-ivM 3NO.LSJrti Lai mks O45 � 2 �00 60.2 w K t U)r, 2.0 �Dco ` I ul O (n W 0 xis `��_ z� w w m v 00 �1 x s j r �' X235 w 12.0 1� °k o Z}U '�14.4 �R F 0J 04 9 di tri 10-0 £' L 22.8 xN a.� r r 77 a. —Bs6 f Z W o W Q LLJ I" -7 LL-i w 6 > r w �w 0 Er � 2. c! Y`ny T-T' a N r=n u�.� o Z o Z w � QO� — Z UO 0 J w W liH �O,gf L9'j 8 M„ '.f'Zo£7V cn O IU q lam] OOS� N w Ot 0. o U O 0 00 C! s 3708/0 773AGN J LTJ N a 11 u a a n a .. a q =gm U o 0 - V] x , U Mz Li:< Z�W — Ld m H W Page 80 of 104 43 ® Stantec 733 Marquette Avenue Suite 1000,Minneapolis MN 55402-2309 November 9,2021 File: 193801828 Attention: Mr.Eric Johnson City of Oak Park Heights 14168 Oak park Boulevard Oak Park Heights, MN 55082 Reference. 5676 Newell Circle-Proposed Boulder Retaining Wall Dear Eric: have reviewed the boulder retaining wall proposed for the property at 5675 Newell Circle. The plan indicates 5875 as the address number. The proposed wall will not alter the overall existing drainage patterns. The plan shows the wall being placed two-feet from the rear property line. I would recommend that the wall be placed no closer than three-feet from the property line, in particular in the area of the existing fence that is on the adjacent property to the rear. This will more effectively keep the drainage path clear and allow for easier maintenance between the wall and the fence. Please do not hesitate to contact me with any questions. Regards, btantec Consulting Services Inc. �)71 ?na.4�� I mr,RR Mann, PF MN,Wl,CA Principal Phone:612-712-2065 Lee.Mann@stantee.com c. file Scott Richards, City Planner Julie Hultman, Building Official Design with community in mind Page 81 of 104 I - e Irl. " f fm�„ � •5:�'� jr i��"1 ��, � � _ l �,,Yp•Aa a '�" r OL Alk. 40 r r' M i a., a ry, � ry m � -��; _ ,.n .f � 6 � QIP •r s. � . '{ y � t p w x ,w+ x � 1t " , '1l 1 , 1i � ��� �,; 1,,` "� ��� it 5 #�� � a, �, � f• {. "� 1, 5 It � yy �. P INr ° tO d87� Ipr I , \ ',w"' 0 n $ i ,II SII , % _ �+IL If" x 4 l :5_ Y .•4 �. k,. �� '... �• ' _ R i, r 111 i . � r _ a r 4. 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" " J �� , * „ P4 i "' Y y • e 1 w P A RECOMMENDING RESOLUTION OF THE PLANNING COMMISSION CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY,MINNESOTA A RESOLUTION ESTABLISHING FINDINGS OF FACT AND RECOMMENDING TO THE CITY COUNCIL THAT THE REQUEST BY TIM 09CONNOR REPRESENTING LCI LANDSCAPES FOR LAND RECLAMATION AND GRADING OF OVER 25 CUBIC YARDS OF FILL MATERIAL AS PART OF CONSTRUCTION OF A BOULDER RETAINING WALL AT 5675 NEWELL CIRCLE SHOULD BE APPROVED WITH CONDITIONS WHEREAS,the City of Oak Park Heights has received a request from Tim O'Connor representing LCI Landscapes to allow for land reclamation and grading of over 25 yards of fill material per acre as part of construction of a boulder retaining wall at 5675 Newell Circle; and after having conducted a public hearing relative thereto, the Planning Commission of Oak Park Heights makes the following findings of fact: 1. The real property affected by said application is legally described as follows, to wit: SEE ATTACHMENT A and 2. The applicant has submitted an application and supporting documentation to the Community Development Department consisting of the following items: SEE ATTACHMENT B and 3. The property is zoned R-1 Single Family Residential District and a single- family home is constructed on the site; and 4. A Conditional Use Permit is required under Ordinance 308 for grading and the addition of fill of over 25 cubic yards of material per acre. The Applicant has indicated the amount of fill to be added to the site is 40 cubic yards; and 5. The Applicant is proposing a boulder wall at the rear of the property and the soil to be added will provide a more level area in the back yard; and Page 86 of 104 6. The City Engineer has indicated that the wall is to be placed in the drainage and utility easement that extends the length of the rear property line and has recommended the wall be placed no closer than three feet from the rear property line; and 7. City staff prepared a planning report dated November 10, 2021, reviewing the request; and 8. Said report recommended approval of the Conditional Use Permit with the conditions specified by the City Engineer; 9. The Planning Commission held a public hearing at their November 18, 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 by Tim O'Connor representing LCI Landscapes to allow for land reclamation and grading of over 25 yards of fill material per acre as part of construction of a boulder retaining wall at 5675 Newell Circle and affecting the real property as follows: SEE ATTACHMENT A Be and the same as hereby recommended to the City Council of the City of Oak Park Heights for approval with the following conditions: 1. The Owner and Applicant shall comply with all provisions of Chapter 308 of the City Code. 2. All conditions of the City Engineer's letter dated November 9, 2021, shall be complied with, including placement of the boulder wall no closer than three feet from the rear property line. 3. The Owner acknowledges that their project encroaches into existing public drainage and utility easements and Owner is fully responsible for any damages, repairs or encumbrances impacting such areas should these unreasonably interfere with such easements. Further, the Owner acknowledges that the City is not responsible for any damages or repairs to the Owner's improvements should the City need to perform any maintenance or other actions deemed necessary for public drainage or utility purposes in such areas. 4. The Owner and Applicant may not install underground stormwater piping connecting eaves or roof downspouts to a point of discharge below the top grade of the proposed rock wall. All stormwater structures and piping (including Page 87 of 104 downspouts) from such roof areas must be above grade, ensuring continued overland drainage. Recommended by the Planning Commission of the City of Oak Park Heights this 18th day of November 2021. Timothy Freeman, Chair ATTEST: Eric A. Johnson, City Administrator Page 88 of 104 ATTACHMENT A Conditional Use Permit For Land Reclamation & Grading Per City Ordinance 308.08 With Regard to Rear Yard Landscaping Washington County Property Identification Number: 05.029.20.23.0066 Legal Description: Lot 8, Block 1, Autumn Ridge 3rd Addition Physical Address: 5675 Newell Circle N. Page 89 of 104 ATTACHMENT B Conditional Use Permit For Land Reclamation & Grading Per City Ordinance 308.08 With Regard to Rear Yard Landscaping 5675 Newell Circle N. Application Materials • Application Fonn • Fees • Plan Sets • Written Narrative and Graphic Materials Explaining Proposal • Proof of Ownership or Authorization to Proceed Planning Commission Review & Recommendation: November 18, 2021 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 90 of 104 RESOLUTION NO. CITY COUNCIL CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY,MINNESOTA A RESOLUTION ESTABLISHING FINDINGS OF FACT AND RESOLUTION OF THE CITY COUNCIL THAT THE REQUEST BY TIM 09CONNOR REPRESENTING LCI LANDSCAPES FOR LAND RECLAMATION AND GRADING OF OVER 25 CUBIC YARDS OF FILL MATERIAL AS PART OF CONSTRUCTION OF A BOULDER RETAINING WALL AT 5675 NEWELL CIRCLE BE APPROVED WITH CONDITIONS WHEREAS,the City of Oak Park Heights has received a request from Tim O'Connor representing LCI Landscapes to allow for land reclamation and grading of over 25 yards of fill material per acre as part of construction of a boulder retaining wall at 5675 Newell Circle; 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 property is zoned R-1 Single Family Residential District and a single- family home is constructed on the site; and 4. A Conditional Use Permit is required under Ordinance 308 for grading and the addition of fill of over 25 cubic yards of material per acre. The Applicant has indicated the amount of fill to be added to the site is 40 cubic yards; and 5. The Applicant is proposing a boulder wall at the rear of the property and the soil to be added will provide a more level area in the back yard; and Page 91 of 104 6. The City Engineer has indicated that the wall is to be placed in the drainage and utility easement that extends the length of the rear property line and has recommended the wall be placed no closer than three feet from the rear property line; and 7. City staff prepared a planning report dated November 10, 2021, reviewing the request; and 8. Said report recommended approval of the Conditional Use Permit with the conditions specified by the City Engineer; 9. The Planning Commission held a public hearing at their November 18, 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 by Tim O'Connor representing LCI Landscapes to allow for land reclamation and grading of over 25 yards of fill material per acre as part of construction of a boulder retaining wall at 5675 Newell Circle and affecting the real property as follows: SEE ATTACHMENT A Be and the same as hereby approved by the City Council of the City of Oak Park Heights with the following conditions: 1. The Owner and Applicant shall comply with all provisions of Chapter 308 of the City Code. 2. All conditions of the City Engineer's letter dated November 9, 2021, shall be complied with, including placement of the boulder wall no closer than three feet from the rear property line. 3. The Owner acknowledges that their project encroaches into existing public drainage and utility easements and Owner is fully responsible for any damages, repairs or encumbrances impacting such areas should these unreasonably interfere with such easements. Further, the Owner acknowledges that the City is not responsible for any damages or repairs to the Owner's improvements should the City need to perform any maintenance or other actions deemed necessary for public drainage or utility purposes in such areas. 4. The Owner and Applicant may not install underground stormwater piping connecting eaves or roof downspouts to a point of discharge below the top grade of the proposed rock wall. All stormwater structures and piping (including Page 92 of 104 downspouts) from such roof areas must be above grade, ensuring continued overland drainage. Approved by the City Council of the City of Oak Park Heights this 23rd day of November 2021. Mary McComber, Mayor ATTEST: Eric A. Johnson, City Administrator Page 93 of 104 ATTACHMENT A Conditional Use Permit For Land Reclamation & Grading Per City Ordinance 308.08 With Regard to Rear Yard Landscaping Washington County Property Identification Number: 05.029.20.23.0066 Legal Description: Lot 8, Block 1, Autumn Ridge 3rd Addition Physical Address: 5675 Newell Circle N. Page 94 of 104 ATTACHMENT B Conditional Use Permit For Land Reclamation & Grading Per City Ordinance 308.08 With Regard to Rear Yard Landscaping 5675 Newell Circle N. Application Materials • Application Fonn • Fees • Plan Sets • Written Narrative and Graphic Materials Explaining Proposal • Proof of Ownership or Authorization to Proceed Planning Commission Review & Recommendation: November 18, 2021 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 95 of 104 THIS PAGE INTENTIONALLY LEFT BLANK Page 96 of 104 Oak Park Heights Request for Council Action Meeting Date: November 23, 201 Time Required: 5 minutes Agenda Item Title: Comments on Washington County - Capital Improvement Plan (2022-2026) 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): Each year, Washington County offers its Capital Improvement Plan (2022-2026) to the public 2022 Capital Improvement Plan 2022 h 2026 „rpaam n, .ap„„a�a�dnag Pm3� inviting comments related to its contents and Washington County,Minnesota T,P e�m�n� .irrl,. H6-2650 rs<rm lsr s–ycuz projects. Staff notes that Project # RB2652 nr,;,rl.um 58th Street 1:xtenximti('annn l Iighway Is S.Segment Roe�&Hndar 58th Street/County Highway 15 S. Segment „li,n n.,nkle 3 Project — remain in the CIP for possible D--Pt- Teml Project C„ra: 5I0330.305 construction 2025. Th,prujo t—pe includes the Flip in_unpr°vemeats N County Slate Aid Highway(CSAH)15(Manning Avenue) l ncu CSAH 15 highway segment s°uth°t Trunk Highway(TH)36 which lies into the ptopased w—haege m Marring&TH 36 al]necessary drainage and su6ze.wmer management intprovemenls The full Ian can be found n`”reg`°na_6_ "ed°�'a°'"mp'acilie. p J n u 1 Iocod°ns f propasad developmenn here: https://www.co.washington.mn.us/1257/ I,-s F addrsses maay regi°aa 1m11.andnafety goals Frema ro y,lardp°im thi,proposod s°oth segmentnfCSAH 15cmnaets \I:ninin„Avenue to Stillwater Boulevard which currently requires accexs to TH 36.From Minnemta Depanment of Trnnsportatioa'a(M,tDoT) Capital Improvement Plans project Wuceslcealtrips on TH 36,where lralP volumes have increased due W the Sl.0-K River Cmsaing pteject.This ptoject a lw wds,,d,,H3 men[ tantial south oFTH 36_ Jtotti6cation [ l nation a th MnDOT,Ioca1 pnmler.and developer strengthened the caanty'a goal m e°mplete Ihia gap on the CSAH 15 c md°r_The Like the City's CIP, these can be planning r°pcand devils°fthia project have been jointly developed wishthe cities of Siillwalex.Lake Mai.,and Oak Pak Heights,as well as wBhthe tools subject to change, but it is important for "'°"aerpublic sb_1d[stnn. the City to remain engaged in this continuing matter. Considering the recent Prior Ezpendirnres 2022 2023 2024 2025 2026 Total 1020,300 Planning l Dexign 30000 300000 construction of the west-bound slip/auxiliary Total cenetm�oa a5000w 8.500A00 Rightnf-Way SOOpW 600A00 lane and prospective timelines — staff Total MAN a_ww 9,3ooM would offer that the attached Resolution Prior Funding 5a.. 2021 2023 2024 2025 2026 Total and related Letter be discussed and Contnbut-ss xoxc 5oOg(O Total Loral Opmn Sales Tax B0:f100 8ccC ccC 8,800000 possibly adopted by the Council to Toll 300p00 e_d.w 9,300,000 provide such comments. -1Wltl*ftolOd- This project will increase°p-1—and nWmtenarn:e cysts because of the added infrestmctua_ Page 97 of 104 r City of Oak Park Heights 14168 Oak Park Blvd. N•Oak Park Heights,MN 55082•Phone(651)439-4439•Fax(651)439-0574 November 23rd, 2021 Lisa Weik, Chair Washington County Board of Commissioners C/O: Jennifer Wagenius, Deputy County Administrator PO BOX 6 Stillwater, MN 55082 RE: Comments on CIP—Project#R132652- 58th Street/County Highway 15 S. Segment Project Dear Chair Weik and Commissioners: Thank you for providing the opportunity for the City of Oak Park Heights to comment on the 2022-2026 Capital Improvement Plan (CIP). We offer comments on the 58th Street/County Highway 15 S. Segment Project; please recall this is a project in which the County desires to make a connection of Manning Ave—generally north-south through our community. As you are aware, the City has expressed broad concerns about this Project that have not been fully addressed relative to the need for such roadway and its lack of a clear public process. We have also had no response on requests for comments on a proposed Memorandum of Understanding that could outline general parameters for a possible Municipal Consent discussion—assuming the Project ultimately remains a need for the County. Moving beyond these challenges, Washington County has now opened a west-bound STH 36 - "SLIP LANE"/auxiliary lane connection between Stillwater Blvd and Manning Ave which can be traveled in 52 seconds. Unfortunately, a similar east-bound slip lane—initially included in 2019 concept maps - has been rejected by the County with little justification or public evaluation of such concept- apparently in now favor of the current proposed Project with an estimated cost of$18.1 million? Like the west-bound lane now constructed, such east-bound slip lane is likely safe, could be constructed well before 2025, likely at a significantly lower cost, require far less maintenance and would provide numerous benefits for all that depend on Highway 36 and County Highway connectivity. Similar to the west-bound, it would empower drivers to get between the roads without having to merge into traffic lanes on Highway 36 or compel them to drive through a busy commercial area. Such a route would drastically improve the ease of north-south connectivity for local residents and facilitate future rapid transit options along STH 36. Page 98 of 104 Regretfully, instead of exploring this likely safe, timely and affordable option—again matching the westbound facility -the County continues to unilaterally promote an inefficient, expensive and non- resilient project and is further gambling on the ability to secure municipal consent from our City and that it can possibly change driver behavior. Such an endeavor could also be viewed as creating a public safety dilemma and leveraging it to compel the City to support it at a future date. Yet, we have faith that is not your intention, so we are asking you and the County Board to consider an east- bound slip lane as a possible solution for such north-south connectivity along Highway 36 because it is safe, cost-effective, and could be installed almost immediately. We look forward to continued conversations regarding these points and I have attached the accompanying City Council resolution that correlates to this communication. In the interim, we have three specific comments relative to the CIP Page for this Project# RB2652. 1. The City of Oak Park Heights requests that the Draft Washington County 2022-2026 Capital Improvement Plan be revised to delete statements or positions that the City has "jointly- developed"the scope and details of this Project or is in some format a partner in the Project. This has not occurred and is a necessary factual clarification. 2. The City Council requests that the County—if it continues to desire a north-south Manning Ave. connection—revise the Draft Washington County 2022-2026 Capital Improvement Plan to only include at this time for funding for a meritorious public-community process that establishes needs and impacts of such roadway through Oak Park Heights including evaluations of alternatives including an east-bound slip/auxiliary lane from Manning Ave to Stillwater Boulevard. 3. Correct the discrepancy in the costs for such Project as it is inconsistent with past estimates which exceeded $13.0 million as provided to the City in 2020 and is signficantly inconsistent with the 2021 estimate of$18.1 Million as provided to the State of Minnesota as part of the recent Washington County Sales Tax increase - see County Resolution No. 2021-072. Please let us know if you have any questions and we appreciate the review of the material. Sincerely, Eric Johnson, City Administrator Cc: Kevin Corbid, County Administrator Page 99 of 104 RESOLUTION A RESOLUTION ESTABISHING THE CITY POSTION ON ELEMENTS OF THE DRAFT WASHINGTON COUNTY 2022-2026 CAPITAL IMPROVEMENT PLAN(CIP)AND REQUESTING POSSIBLE ACTION ON AN EASTBOUND SLIP/AUX A LANE CONNECTING MANNING AVE AND STILLWATER BLVD. Whereas,Washington County continues to pursue a north-south connection of Manning Ave.that does not utilize the eastbound corridor of STH 36 and instead only considers designs that further the Project known as the 58'Street/County Highway 15 S. Segment;and, Whereas,City Council has provided significant commentary to Washington County outlining its opposition to this Project including,but not limited to the fact that such connection is inconsistent with the City's 2018 Comprehensive Plan;and, Whereas,the Washington County CIP document outlines costs of$9.3 Million for such Project but such amount is inconsistent with past estimates that exceeded$13.0 million as provided to the City in 2020 and is inconsistent with the 2021 estimate of $18.1 Million as provided to the State of Minnesota as part of the recent Washington County Sales Tax increase-see County Resolution No. 2021-072;and, Whereas,Washington County has recently constructed a west-bound Manning Ave connection via a"SLIP LANE"/auxiliary lane on STH 36 from Stillwater Boulevard to Manning Ave which does not require traffic merging into the STH 36 mainline and takes approximately 52 seconds to travel the distance from the top of the ramp at Stillwater Blvd.to the top of the ramp at Manning Ave.;and; Whereas,Washington County had a similar east-bound concept in 2019;and Whereas,Washington County removed the similar east-bound concept without justification and without public evaluation of such concept,or alternatives,in favor of an$18.1 million project for which no local engagement had occurred,nor has municipal consent to advance the Project been secured from Oak Park Heights;and, Whereas,Washington County has failed to respond to requests for comment on a Memorandum of Understanding that would outline general parameters for a Municipal Consent discussion;and, Whereas,the installation of a 58'Street/County Highway 15 S. Segment,even if municipal consent could be secured would likely take years to install,meanwhile drivers will be left with the STH 36 connection in its currently proposed form which likely would increase eastbound usage of STH 36 potentially impacting driver safety when a reasonable, cost-effective,and safe alternative–the slip/auxiliary lane can be constructed quickly;and, Whereas,the installation of an east-bound slip/auxiliary lane long-term will likely be a faster, safer,and more affordable alternative to link the proposed$18.1 Million Project and which will also potentially benefit buses if there is an expansion of Bus Rapid Transit along the STH 36 Corridor. NOW,THEREFORE BE IT RESOLVED that the City of Oak Park Heights requests that the Draft Washington County 2022-2026 Capital Improvement Plan be revised to delete statements or positions that the City has"jointly-developed"the scope and details of this Project or is in some format a partner in the project as this has not occurred and is a necessary factual clarification. BE IT FURTHER RESOLVED that the City Council requests that the County—if it continues to desire a north-south Manning Ave. connection—revise the Draft Washington County 2022-2026 Capital Improvement Plan to only include at this time funding for a meritorious public-community process that establishes needs and impacts of such roadway through Oak Park Heights including evaluations of alternatives including an east-bound slip/auxiliary lane from Manning Ave to Stillwater Boulevard. BE IT FURTHER RESOLVED that the installation of such east-bound slip-lane could likely be considered promptly and completed in an expedited timeline roughly correlating to the full opening of the Manning interchange and is worthy of immediate public discussion and evaluation. Passed by the City Council of the City of Oak Park Heights this day of 2021 Mary McComber,Mayor Attest: _Eric Johnson,City Administrator Page 100 of 104 2022 Capital Improvement Flan 2022 thru 2026 Department Capital Road&Bridge Project Washington County, Minnesota Contact PWD Ect# 1B-2652 Type Construction Useful Life 5+years ct name 58th Street Extension/County Highway 15 S. Segment Category Road&Bridge Location Various District# 3 Description Total Project Cost: $10,320,300 The project scope includes the following improvements to County State Aid Highway(CSAH) 15(Manning Avenue): 1)new CSAH 15 highway segment south of Trunk Highway(TH)36 which ties into the proposed interchange at Manning&TH 36 2)all necessary drainage and surface water management improvements 3)new regional trail and pedestrian ramp facilities 4)new access locations for proposed developments This project addresses many regional traffic and safety goals.From a county standpoint,this proposed south segment of CSAH 15 connects Manning Avenue to Stillwater Boulevard which currently requires access to TH 36.From Minnesota Department of Transportation's(MnDOT) standpoint,this project reduces local trips on TH 36,where traffic volumes have increased due to the St.Croix River Crossing project.This project also aids in development potential south of TH 36. Justification Coordination with MnDOT,local partners,and developers strengthened the county's goal to complete this gap on the CSAH 15 corridor.The scope and details of this project have been jointly developed with the cities of Stillwater,Lake Elmo,and Oak Park Heights,as well as with the Stillwater public school district. Prior Expenditures 2022 2023 2024 2025 2026 Total 1,020,300 Planning/Design 300,000 300,000 Total Construction 8,500,000 8,500,000 Right-of-Way 500,000 500,000 Total 800,000 8,500,000 9,300,000 Prior Funding Sources 2022 2023 2024 2025 2026 Total 1,020,300 Local Contributions 500,000 500,000 Total Local Option Sales Tax 800,000 8,000,000 8,800,000 Total 800,000 8,500,000 9,300,000 Budget Impact/Other This project will increase operation and maintenance costs because of the added infrastructure. Page 101 of 104 THIS PAGE INTENTIONALLY LEFT BLANK Page 102 of 104 Oak Park Heights Request for Council Action Meeting Date November 23th, 2021 Time Required: 5 Minutes Agenda Item Title: Osgood Ave- Westbound Turn Lane onto STH 36—Request to State and Washington County Agenda Placement New Business Originating Department/Requestor: Mayor Mary McComber 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): As the reroute of the frontage roadway behind the "Carbone's"Building, is planned for 2022, now may be an appropriate time for the Council to consider asking Washington County and the State to explore the possibility of installing an additional WESTBOUND TURN LANE from northbound Osgood Ave and STH 36. At this time there is only ONE westbound, Two Northbound and one Eastbound. See the attached Map. This area frequently becomes congested an such additional turn lane may be helpful to consider. Page 103 of 104 .J lJIM w. i t •� S J - i:�w t 0