HomeMy WebLinkAbout07-24-07 Council PacketCITY OF OAK PARK HEIGHTS
TUESDAY, JULY 24, 2007
CITY COUNCIL MEETING AGENDA
7:00 P.M.
7.00 p.m. I.
Call to_Ordet/Pledge of Allegra ice/Approval of Agenda
Esihnated
threes
7:05 p.m. II.
Department/Council
Liaison Reports
A.
Planning Commission
B.
Parks Commission
C.
Cable Commission
D.
Water Management Organizations
L.
Lower St. Croix River Advisory Committee
F.
Other Liaison/Staff reports
• Party in the Park
7:10 p.m. III. Visitors/Public Comment
A. Recycling Award (1)
B. Resolution Honoring the Life and Achievements of Robert Joseph Utecht (2)
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.)
7:15 p.m. IV. Consent A eg nda (Roll Call Vote)
A. Approve Bills & Investments
B. Approve City Council Minutes — June 19, 2007 (3)
C. Approve City Council Minutes — July 10, 2007 (4)
D. Approve Transfer of Funds from the G.O. Refunding Bonds of 2002 to the Capital
Revolving Fund to Close Account (5)
E. Budget Amendment to Sanitation Transfer from General Fund to Sanitation Utility
Fund (6)
F. Adopt a Resolution Authorizing Receipt of a Donation from Phil's Tara Hideaway
and Directing the Funds be Utilized for the Party in the Park(7)
G. Adopt a Resolution Authorizing Receipt of Two Mugs from Menard, Inc. and
Directing the Items be Raffled Off at the Party in the Park (S)
H. Adopt a Resolution Authorizing Receipt of Two Vouchers for Services from Dr.
Scott Edlin of Inspired Chiropractic and Directing the Vouchers be Raffled Off at
the Party in the Park (9)
I. Adopt a Resolution Authorizing Receipt of Two Gift Certificates from Carbone's
Pizzeria and Directing the Gift Certificates be Raffled Off at the Party in the Park
(10)
J. Adopt a Resolution Authorizing Receipt of a Men's Wind Shirt and a Women's
Polo Shirt from Bonestroo and Directing the Items be Raffled Off at the Party in
the Park (11)
K. Adopt a Resolution Authorizing Receipt of Two Clocks from Valley Trophy and
Directing the Items be Raffled Off at the Party in the Park (12)
Page 1 of 118
7:20 p.m
7:20 p.m
8:00 p.rn
8:30 p.m
9:00 p.m
L. Adopt a Resolution Authorizing Receipt of Ten Gift Certificates from Pizza Man
and Directing the Gift Certificates be Raffled Off at the Party in the Park (13)
M. Authorize Staff to Correspond with Legislature Regarding Annexation Between
Baytown and Oak Park IIcights (14)
N. Adopt Revised Ordinance 301 Relating to State Building Code Revisions (15)
V. Public Hearings
None
VI. Old Business
A. Considering of a Resolution of Support for the Establishment of No Wake Zone —
Sunnyside Marina Area (16)
B. Reschedule of September 11 2007, and November 6"', 2007 City Council
Meetings (17)
C. Chief of Police — I-liring Status — Possible Action (no enclosure)
D. Autumn Hills Park Shelter (no enclosure)
VII. New Business
A. Jerden LLC — Request for Comprehensive Plan Amendment, Conditional Use
Permit, Sign Variance, Subdivision Replatting, Vacation of Existing Utility and
Drainage Easements and Site Plan/Design Guideline Review —To Allow the
Development of Automobile Dealership Corner of 58`x' Street and Memorial Ave.
(18)
B. Approve the 2008-2010 Teamsters Supervisor's Unit Contract and the 20082010
Teamsters Police Department Contract (19)
VIII. Closed Session
A. Meeting with City Attorney — Pending Litigation Oak Park Heights vs. DNR
Construction
VIII. Adjournment
Page 2 of 118
Oak Paris Heights ENCLOSURE
Request for Council Action
Meeting Date july 24 2007
Agenda Item Recycling Award Time Required 0
Agenda Placement Visitors/Public Comment
Originating Departmen
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).
Page 3 of 118
CITY OF
OAK PARK HEIGHTS
14168 Oak Park Boulevard No. • P.O. Box 2007 • Oak Park Ileights. MN 55082-2007 • Phone: 651/439-4439 • Fax: 651/439-0574
July 1.9, 2007
Mike and Heather Lacy
5593 O'Brien Ave N
Oak Park Heights, MN 55082
Dear Mr. and Mrs. Lacy:
Thank you for participating in the City's recycling program. As an incentive to recycle and to
increase fire prevention awareness, the City rewards two residents each month with their choice
of an award of $25.00 or a fire extinguisher and/or smoke detector(s).
Your residence was checked on Thursday, July 19, 2007 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 at 439-4439 at your cone i-6ilce to
arrange for delivery of the reward of your choice.
On behalf of the Oak Park Heights City Council, thank you for participating in the City's
recycling program.
Congratulations!
Jennifer Thoen
Administrative Secretary/Deputy Clerk
age 4 OT I I b Tree City U.S.A.
Oak Park Heights Ft-NCLOSU E
Request for Council Action
Meeting DateJuly 24 2007 Time Required: 5 Mins.
Agenda Item Title: Resolution Recognizing the Life and Achievements of
Robert .loseph Utecht
Agenda Placement Visitors/Public Comment
Originating Department/Requestor Mayor Beaudet
Requester's Signature
Action Requested Adopt Resolution
Background /justification (Please indicate if any previous action has been taken or if
other public bodies have advised):
Robert J. Utecht passed away on Saturday, June 23, 2007. Mr. Utecht was born in Oak Park Heights
and attended the Stillwater Area high School. Mr. Utecht was very active in the community. He wrote
columns for the Stillwater Gazette and the Stillwater Courier, as well as the Bloomington Sun, and he
founded the hockey newspaper called, "Let's Play Hockey."
Mr. Utecht moved to Minneapolis and later to Bloomington before returning to Oak Park Heights in
the 1980s after retirement.
Mr. Utecht had a tremendous impact on the youth in this area. It is requested that the council adopt
the Resolution honoring his life and achievements.
Page 5 of 118
Resolution 07-07-46
CITY OF OAK PARK HEIGHTS
WASHINGTON COUNTY, MINNESOTA
A RESOLUTION HONORING THE LIFT` AND ACHIEVEMENTS
OF ROBERT JOSEPH UTECHT
WHEREAS, Robert Joseph Utecht was born January 12, 1920, in Oak Park
Heights, Minnesota, and lie graduated from Stillwater Area High School in 1937.
WHEREAS, Robert Joseph Utecht was an esteemed writer, having written for
the Bloomington Sun for 25 years as well as the Stillwater Gazette and Stillwater Courier
News.
WHEREAS, Robert .Joseph Utecht was active in civic events and worked on
many programs and committees. He was active in campaigning for the construction of
the Metropolitan Stadium and the Met Center, among many other civic projects. He used
his columns in the Stillwater Gazette and Stillwater Courier News to promote a wide
range of Stillwater area groups, events and causes;
WHEREAS, Robert Joseph Utecht had a tremendous impact on professional and
amateur hockey. He worked as a rink announcer for the Minnesota North Stars at the
Metropolitan Sports Center, he coached High School hockey, and he and his wife,
Donna, founded "Let's flay Hockey," a news magazine to help promote the growth of
amateur hockey in the area.
WHEREAS, Robert Joseph Utecht achieved many prestigious awards in his
lifetime, including the Stillwater High School Distinguished Alumnus award in 1997 and
the Don Clark Award from Minnesota hockey in 2002. He had memberships in the
Minnesota High School Hockey Coaches Hall of Fame, the Minnesota Hospitality
Association hall of Fame, and the Bloomington Adult Sports Hall of lame.
WHEREAS, Robert Joseph Utecht passed away on June 23, 2007, at the age of
87;
NOW, THEREFORE, BE IT RESOLVED, that the City Council for the City of
Oak Park Heights honors the life, work, and legacy of Robert Joseph Utecht as a
dedicated and pioneering leader, and a man of generous spirit who took on tough
challenges with courage and compassion.
David Beaudet, Mayor
ATTEST:
Eric Johnson, City Administrator
Page 6 of 118
Oak Park Heights ENCLOSURE"s
Request for Council Action
Meeting Date. July 24, 2007 Time Required: 5 mins.
Agenda Item 'I itle: Approve Minutes of June :19 2007 City Council Meetin
Agenda Placement
Originating Departmei
Requester's Signature
Consent
Action Requested Approve
Background /justification (Please indicate if any previous action has been taken or if
other public bodies have advised):
Page 7 of 118
CITY OF OAK PARK HEIGHTS
7:00 PM TUESDAY, JUNE 19, 2007
CITY COUNCIL MEETING MINUTES
I. Call to Order/Pledge of Allegiance/Approval of Agenda:
The meeting was called to order at 7:00 pan. by Mayor Beaudet. Present:
Councihnembers Doerr, Abrahamson and McComber. Staff Present:
Administrator Johnson, Finance Director Holst, City Attorney Vierling, City
Engineer Postler and City Planner Richards. Absent: Councilmember Swenson.
Mayor Beaudet added "Approve Change Order 98 for Burschville Construction,
Inc. for Nova Scotia Ave. and Norwich Ave. Street and Utility Improvements" to
Consent Agenda as Item 11. Mayor Beaudet moved New Business Items D and E
to Public Hearings. Mayor Beaudet added "Allocation of Park Funding ---2005
Carry-over" to New Business and "601 Ordinance—Dogs" to New Business.
Councilmember McComber, seconded by Councilmember Doerr, moved to
approve the Agenda as amended. Carried 4-0.
II. Department/Council Liaison Reports:
A. Planning: Commission. City Planner Richards reported that the last
meeting of the Planning Commission was held on July 14, 2007. They
had two public hearings which were on today's agenda as public hearings.
He reported that the next meeting will be July 12, 2007. There will be a
comprehensive plan meeting at 6:30 p.m. followed by the regular meeting
at 7:30 p.m. He reported that there are two items which are up for public
hearing at that meeting.
B. Parks Commission: Councilmember McComber reported that the Parks
Commission met on Monday, June 18, 2007. She reported that there were
two worksessions prior to the regular meeting. One worksession was to
discuss the Moelter site and the other was to discuss capital improvements.
She reported that the next meeting of the Parks Commission is July 16,
2007 at 6:30 p.m. at City Hall.
C. Cable Commission: Councilmember Doerr reported that the next meeting
will be July 18, 2007.
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City Council Meeting Minutes
June 19, 2007
Page 2 of S
D. Water Management. Organizations: Mayor Beaudet reported that the
Middle St. Croix/WMO will be meeting on July 12, 2007, at 7:00 p.m. at
the Washington Conservation District Office.
E. I.,ower St. Croix River Advisory Committee: Mayor Beaudet stated there
is nothing to report for the Lower St. Croix Advisory Committee.
F. Other Liaison/Staff Reports:
I . Party in the Park: Administrative Secretary Thoen reported that she
has been in contact with local businesses to invite them to
participate at this year's Party in the Park. She also reported that
she has contacted two DJ companies to provide musical
entertainment for the event. Both companies have quoted $300.00
for the entire evening. She also reported that she has prepared a
budget for food and prizes.
Mayor Beaudet reminded residents that the Party in the Park will
be held on August 7, 2007, from 5:00 p.m. to 9:00 p.m.
Councilmember Doerr reported that some members of the City Council
will be at the League of Minnesota Cities Conference next week.
111. Visitors/Public Comment:
Comment by Randy Wagner of 5675 Oren Ave N: He is concerned about people
running the stop sign at the corner of Oren and Upper 56th. Council informed
him that the City Administrator and the Chief of Police will look into it.
Recycling Award: Administrative Secretary Thoen reported that Heidi Hagen of
14923 56'h Street N. was selected to receive the recycling award.
IV. Consent Agenda:
A.
Approve Bills & Investments
B.
Approve City Council Minutes -- May 22, 2007
C.
Approve City Council Minutes — June 11, 2007
D.
Approve Tower Asphalt, Inc 2nd Payment for 2007 Trail & Parking Lot
Improvements
E.
Payment request #7 Novak Ave. No. and Norwich Ave. N. Utility and
Street Improvements
F.
Approve LG220 Lawful Gambling Permit — ChiIdren's Cancer Research
Fund
G.
Approve Years of Service Awards -- 30 Years: Chief Lindy Swanson and
Public Works Foreman Jeff Kellogg, 15 Years: Building Official Jim
Butler
Page 9 of 118
City Council Meeting; Minutes
June 19, 2007
Page 3 of 8
H. Approve Change Order 98 for Burseliville Construction, .Inc. for Nova
Scotia Ave. and Norwich Ave. Street and Utility Improvements.
Councilmember McComber, seconded by Councilmember Doerr, moved to
approve the Consent Agenda as presented. Roll call vote taken. Carried 4-0.
V. Public Hearings:
A. Lowe's Conditional Use Permit — Open & Outdoor Storage: City Planner
Richards reported that the Planning Commission approved the Conditional
Use Permit at the Planning Commission Hearing. He reported that Lowe's
plans to have outdoor storage for semi trailers and delivery trucks. City
Planner Richards provided a presentation of the plan.
Councilmember McComber, seconded by Councilmember Doerr, moved
to approve the Resolution. Roll call vote taken. Carried 4-0.
B. _Menard's Site Plan/Design Guidelines Review — (Bi -fold Doors & Other
remodel): City Planner Richards reported that Menard's has proposed a
remodel to their building to address issues with inclement weather. He
provided a presentation of the plan. City Planner Richards reported that a
couple of issues were discussed by the Planni% Commission regarding
screening and view of the storage area from 58` Street. He reported that
Menard's is willing to address the issue.
City Planner Richards reported that the Planning Commission
recommended that eight foot bituminous trails should be added on the
west side of Krueger Lane and on the north side of 58t1' Street adjacent to
Menards. The Planning Commission also recommended that Menard's
address the screening issues for the storage area that is visible from 58"'
Street.
Warren Wasescha of 5675 Newberry Ave. N. in Autumn Ridge requested
that the City address City Ordinance 401.15(b) and City Ordinance
401.15(e)8 with Menard's. He requests that Menard's be required to raise
the fence height.
Mayor Beaudet, seconded by Councilmember Abrahamson, moved to
approve Resolution with amendments. Roll call vote taken. Carried 4-0.
Mayor Beaudet, seconded by Councilmember Abrahamson, moved to add
to number 6 of the Resolution that the height of the fence should be
increased to the height of the eve on the building and shall extend as far
east as is necessary to screen materials subject to the approval of city staff.
Carried 4-0.
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City Council Meeting Minutes
June 19, 2007
Page 4 of 8
Mayor Beaudet stated that he does not think there is enough room on the
east side of Menard's to add an eight foot trail. Mayor Beaudet suggested
that portion of the trail agreement be dropped. Councilmember
McComber stated that there are no trails on the north side of 58"' Street so
she would like the Park Commission look at the updated trail plan and this
issue could be addressed at another time.
Mayor Beaudet, seconded by Councilmember Abrahamson, moved to
amend number 4 of the Resolution to state that if a trail extension on the
north side of 58'x' Street from Krueger lane to the west side of the
Menard's property were to be proposed, the developer will waive the
special assessment. Carried 3-1, McComber opposed.
VI. Old Business:
A. Status of Acquisition of Property Adjoining Brekke Park: City
Administrator Johnson reported that they are working toward a closing
date of June 29, 2007. He reported that the Phase I environmental study
has been completed. Fle reported that what was thought to be a well on
the property may actually be a sewer cap that may be hooked to the City's
sewer line. Public Works Director Ozzello will look into that.
City Attorney Vierling recommends a motion that the Mayor and the City
Administrator be authorized to sign closing documents in connection with
this purchase. Councilmember Doerr, seconded by Councilmember
Abrahamson, moved to authorize the Mayor and the City Administrator to
sign all necessary documents for the closing.
B. Water Tower #1 Rehabilitation: City Administrator Johnson reported that
LeadCon was able to produce documentation of when steel was ordered
and when it would be available. He reported that the change order would
amend the dates from late June to an early fall deadline. He reported that
the City will be receiving a deduct in the amount of $2,000 and enhanced
penalties will be placed on LeadCon for non-performance if they do not
meet the dates as specified in the change order.
Councilmember McComber, seconded by Councilmember Abrahamson,
moved to approve the change order. Carried 4-0.
C. STH 36 Frontage Roads — MNDOT Response: Councilmember
McComber suggested setting a worksession with Representative Bunn,
Senator Saltzman, MNDOT, the City Council, and maybe Washington
County and the City of Stillwater. Mayor Beaudet questioned when the
worksession should take place. Councilmember McComber suggested the
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City Council Meeting Minutes
June 19, 2007
Page 5 of 8
worksession be towards the end of July on a date that is agreeable to all
parties.
Councilmember Doerr stated that he wants to snake sure that the snow
plowing will include the north half of the south frontage road west of
Norell Avenue. Mayor Beaudet reported that the north half of the south
frontage road from Omaha to the west is in Stillwater, and the City of
Stillwater will not come to the south frontage road to plow. He stated that
the City of Oak Park Heights only agreed to plow the portion of the
frontage road that is within this city's limits.
Councilmember McComber, seconded by Councilmember Doerr, moved
to schedule a worksession towards the end of July. Carried 4-0.
Councilmember Abrahamson, seconded by Mayor Beaudet, moved that
the meeting will be held without the precondition that City will assume
responsibility of the road. Carried 4-0.
D. Washington_ County Gov. Center Expansion: shed Shonneker, Washington
County `i"raffle Engineer, provided a slideshow presentation on the
proposed government center expansion project.
Mayor Beaudet, seconded by Councilmember Abrahamson, moved to
direct staff to discuss with Washington County the issue of cost-sharing
for the reconstruction of the street. Carried 4-0.
Mayor Beaudet, seconded by Councilmember Abrahamson, moved to
direct staff to provide thoughts on locating the storm sewer into the
existing street right-of-way. Carried 4-0.
E. Autumn Hills Park Shelter: Mayor Beaudet stated that this will be
addressed after the closed session.
VII New Business:
A. Schedule Budget Workshops: Mayor Beaudet, seconded by
Councilmember Abrahamson, moved to set the budget workshop for
August 14, 2007, from 5:30 p.m. to 7:00 p.m. with the architect there from
5:30 to 6:30 p.m., and to set the budget worksession for August 28, 2007
from 5:30 p.m. until 7:00 p.m. An additional worksession could be held
on September 5, 2007 if necessary. Carried 4-0. Mayor Beaudet,
seconded by Councilmember Abrahamson, moved that all budget requests
be submitted to the Finance Director by August 1, 2007. Carried 4-0.
B. New Officer Hire: Councilmember Doerr, seconded by Councilmember
McComber, moved to authorize the Police Chief to make an offer of
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City Council Meeting Minutes
.lune 19, 2007
Page C of 8
employment to Brian Michael Zwach subject to completing a physical.
Carried 4-0. Mayor Beaudet, seconded by Councilmember McComber,
moved to authorize the Police Chief to make an offer to Peter Mueller for
part-time employment up to 15 hours per week at the determination of the
Police Chief and the City Administrator subject to the candidate
completing a physical. Carried 4-0.
C. City Branding —Logos and Labels: Mayor Beaudet, seconded by
Councilmember Doerr, moved to include the purchase of logos and lapels
in budget discussions. Carried 4-0.
D. MET Council Population Estimates: City Administrator Johnson reported
that MET Council's analysis of the City's population resulted in a .8%
decrease of the population over last year's numbers. He requested
authorization to provide correspondence to MET Council that the City
disagrees with the current population estimates. He reported that if the
population reaches 5,000 or more, the City will receive state road funding.
City Administrator Johnson reported that he met with MET Council last
week to discuss the issue and they appear willing to work with the City on
reviewing the numbers. Councilmember Doerr questioned why the sewer
access charges have increased if the household size has allegedly
decreased. City Administrator Johnson reported that staff is exploring that
issue.
Councilmember McComber, seconded by Councilmember Doerr, moved
to authorize staff to correspond with MET Council to seek numbers that
are agreeable. Carried 4-0. Councilmember McComber, seconded by
Councilmember Abrahamson, moved to authorize staff to correspond with
the State Aid Engineer. Carried 4-0.
E. Emergency. Water Regulations: Councilmember McComber requested that
staff have direction to place a watering ban on the City if needed.
Councilmember Doerr stated that staff does not need direction from the
City Council to enforce an ordinance. Mayor Beaudet stated that staff
may use discretion on the issue. He reported that there is a Resolution on
this issue.
F. Allocation of Park Fundin —2005 Carr -Over: City Administrator Johnson
reported that the Park Commission discussed allocation of approximately
$80,000 at their last meeting. He reported that it is their recommendation
that approximately $15,000 to $20,000 be used for purchasing picnic
tables, grills, and waste receptacles for Autumn Hills Park Shelter;
approximately $15,000 to $20,000 be used for new playground equipment
Page 13 of 118
City Council Meeting Minutes
June 19, 2007
Page 7 of 8
at Swager .Park; and the remaining balance be used to install a concrete
slab in Brekke Park.
Councilmember Doerr, seconded by Councilmember McComber, moved
to approve allocation of $15,000 to $20,000 for picnic tables, grills, and
waste receptacles for the Autumn Hills Park Shelter and $15,000 to
$20,000 for new playground equipment at Swager Park, and to direct staff
to investigate further the allocation of funds for a concrete slab at Brekke
Park. Carried 4-0.
G. 601 Ordinance—Do s: Councilmember McComber reported that she has
received several phone calls from residents regarding dogs barking, dogs
running at large, and residents with many dogs and no kennel license. She
requested suggestions from the City Council on how to deal with the
issues. Councilmember Doerr suggested that residents call the police and
make a formal complaint.
VIII. Closed Session:
Mayor Beaudet announced that at this point in the meeting, they would recess to a
closed session.
A. Labor Negotiations: City Attorney Vierling reported that direction was
given to the City Administrator. No action is being taken at this time.
B. Personnel Issues: City Attorney Vierling reported that the City Council
provided the City Attorney's office with instruction on making a final
demand on action pursuant to the termination contract that was entered
into with a former employee.
C. Meeting with City Attorney — Pending Litigation Oak Park Heights vs.
DNR Construction and vs. Secure Mini-Stora&e: City Attorney Vierling
reported that no formal action is being taken at this time.
Mayor Beaudet, seconded by Councilmember Doerr, moved to authorize
the City Administrator to pay up to $5,000.00 to the architect for services.
Carried 4-0. Remainder of 15% balance shall be paid upon completion of
the project.
IX. Adjournment:
Councilmember McComber, seconded by Councilmember Doerr, moved to
adjourn the meeting at 10:40 p.m. Carried 4-0.
Page 14 of 118
Rcspeetfully submitted,
Jennifer Thoen
Administrative Secretary/Deputy Clerk
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City Council Meeting Minutes
.Tune 19; 2007
Page 8 of 8
Approved as to Content and Form,
David Beaudet
Mayor
This Page is Left Intentionally Blank.
Page 16 of 118
r,
Oak Park Heights
Request for Council Action
Meeting Date Tulp 24, 2007 Time Required: 5 mins.
Agenda Item Title: Approve Minutes of july 10 2007..Ci.ty Council Meeting
Agenda Placement
Originating Department/Reque
Requester's Signature
Action Requested Approve
Thoen
Background /justification (Please indicate if any previous action has been taken or if
other public bodies have advised):
Page 17 of 118
CITY OF OAK PARK HEIGHTS
6:00 PM TUESDAY, JULY 10, 2007
SPECIAL CITY COUNCIL MEETING, MINUTES
I. Call to Order/Approval of Agenda:
The meeting was called to order at 6:00 p.m. by Mayor Beaudet. Present:
Councilmembers Doerr, Abrahamson, Swenson and McComber. Staff Present:
Administrator Johnson, City Attorney Vierling and City Engineer Postler.
Absent: City Planner Richards.
Mayor Beaudet added "Adopt a Resolution Authorizing Receipt of a Donation
from Andersen Corporation and Directing the Funds be Utilized for the Party in
the Park" to Consent Agenda as Item J; "Adopt a Resolution Authorizing Receipt
of a Gift Certificate from Stillwater Bowl and Directing the Gift Certificate be
Raffled off at the Party in the Park" to Consent Agenda as Item K; and "Approve
Bills and Investments" to Consent Agenda as Item L. Beaudet moved Consent
Agenda Item A. to New Business Item A.
Councilmember Doerr, seconded by Councilmember McComber, moved to
approve Agenda as amended. Carried 5-0.
II. Adjourn to Worksession — STH 36 Frontage Roads
Mayor Beaudet announced that at this point in the meeting the council would be
adjourning to a worksession. Present for the worksession were: Mayor Beaudet,
Councilmember McComber, Councilmember Swenson, Councilmember
Abrahamson, Councilmember Doerr; City Attorney Vierling, City Administrator
Johnson, City Engineer Postler, Senator Kathy Saltzman, County Engineer Don
Tyson, County Commissioner Gary Kriesel, MNDOT East Area Manager Nick
Thompson, Stillwater Mayor Ken Harycki, Representative Julie Bunn, and
MNDOT East Metro Maintenance Engineer Beverly Farraher.
III. Reconvene from Worksession
IV. Consent Agenda:
B. Authorize Initiation of Well Rehabilitation Preliminary Report and
Development of Plans and Specifications
C. Adopt a Resolution Authorizing Receipt of a Donation from Jerry's Auto
Detail, Inc. and Directing Funds be Utilized for the Party in the Park
D. Adopt a Resolution Authorizing Receipt of Gift Certificates from
Domino's Pizza and Directing the Gift Certificates be Raffled off at the
Party in the Park
E. Adopt a Resolution Authorizing Receipt of Clift Certificates from
Discount 'Dire Co. and Directing the Gift Certificates be Raffled off at the
Party in the Park
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City Council Meeting Minutes
July 10, 2007
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F. Adopt a Resolution Authorizing Receipt of Two Camp Chairs and Two
Fleece Blankets from rake Elmo Bank and Directing the Items be Raffled
off at the Party in the Park
G. Adopt a Resolution Authorizing Receipt of Two Gift Certificates from
Camille's Sidewalk Cafe; and Directing the Gift Certificates be Raffled off
at the Party in the Park
H. Adopt a Resolution Authorizing Receipt of a Donation from Xcel Energy
and Directing Funds be Utilized for the Party in the Park
I. Adopt a Resolution Authorizing Receipt of Gift Certificates from Joseph's
Restaurant and Directing the Gift Certificates be Raffled off at the Party in
the Park
J. Adopt a Resolution Authorizing Receipt of a Donation from Andersen
Corporation and Directing the Funds be Utilized for the Party in the Park
K. Adopt a Resolution Authorizing Receipt of a Gift Certificate from
Stillwater Bowl and Directing the Gift Certificate be Raffled off at the
Party in the Park
L. Approve Bills and Investments
Councilmember Doerr, seconded by Councilmember McComber, moved to
approve the Consent Agenda as presented. Roll call vote taken. Carried 5-0.
V. Old Business:
A. STH 36 Frontage Roads — Possible Action from Worksession:
Councilmember McComber, seconded by Councilmember Swenson,
moved to direct the City Administrator to work with the Stillwater City
Administrator, the City Engineer, the County Engineer, the County
Administrator, and MNDOT to explore possibilities, timelines, and
processes, and come up with cost estimates for maintenance. Carried 5-0.
B. Washington County Government Center — 2025 Campus Extension: City
Administrator Johnson reported that a Resolution has been drafted for
council consideration to cover utility issues and to provide a timeline for
the County without having to come back to the City Council.
City Engineer Postler explained three options that its offices considered
for the project. He reported that Option 3, which is outlined in a memo
from his firm, is the best option from an engineering perspective.
City Engineer Postler reported that an element that needs to be discussed
is that the street would need to be restored in that area full -width.
Following the previous street reconstruction report, the road would be
increased in width from 24 feet to 28 feet. McComber questioned the
proximity of the houses on the north side of 62ac3 Street to the road. City
Engineer Poster reported that the width would be increased two feet on
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City Council Meeting Minutes
July 10, 2007
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each side of the street. Mayor Beaudet stated lie would like to maintain
the existing street width. McComber stated that a narrower street tends to
slow traffic down.
Mayor Beaduet questioned who currently owns the pipe. City Engineer
Postler reported that he was not able to find any records on ownership. He
stated that the intent was that after it was reconstructed, it would be City
owned and maintained, and the County would have to convey easements.
Don Tyson, Washington County Engineer, carne forward and reported that
the County would be willing to take _jurisdiction of the pipe.
Mayor Beaudet, seconded by Councilmember McComber, moved to
approve the Resolution and approve Option 3 recommended by the City
Engineer with amendment that Washington County will take jurisdiction
of the pipe. Roll call vote taken. Carried 4-0, Doerr abstained.
Mayor Beaudet, seconded by Councilmember Swenson, moved that cross -
easements be revised to note the ownership and that the City is not
responsible for reconstructing the street should it need repair. Carried 4-0,
Doerr abstained.
Councilmember Swenson, seconded by Councilmember McCornber,
moved to keep street width at standard width as it is now. Carried 4-0,
Doerr abstained.
Mayor Beaudet stated that he would like the City to get the recycling fee
back. He questioned whether this should be included in the agreement.
Councilmember Swenson stated that he would also like the recycling fee
back but that it should not be a part of the agreement. Councilmember
Doerr stated that he also feels it should not be a part of the agreement.
Mayor Beaudet reported that Oak Park Heights' residents using Stillwater
water are charged a higher rate than Stillwater residents. He stated that
Stillwater residents that use Oak Park Heights' water are not charged a
higher rate. Mayor Beaudet moved to direct that Washington County
provide services to Oak Park Heights' residents consistent with all other
cities in the County. Motion failed per lack of a second.
City Administrator Johnson stated that the County has prepared a rough
trail proposal. He stated the council may want to consider having some
consideration on how that trail is developed, where it is developed, and
when it is developed. Councilmember McComber stated that the
appropriate time to discuss the issue would be when the comprehensive
trail plan is updated.
Page 20 of 118
City Council Meeting Minutes
July 10, 2007
Page 4 of 4
Councilmcmbcr Abrahamson, seconded by Councilmember Swenson,
moved that the County match sidewalks for continuity if the City
constructs sidewalks that abut the County's property. Carried 4-0, Doerr
abstained.
Commissioner Gary Friesel of Washington County came forward and
stated that the County is including connections to the City of Oak Park
Heights in their planning process.
Mayor Beaudet, seconded by Councilmember Swenson, moved to direct
the City Engineer and City Administrator to discuss with the County a
request for an addendum on the project to put a catch basin on 62`1 Street
near Beach Road, and that they work together to obtain a budgeted
number for the cost. Carried 4-0, Doerr abstained.
C. Autumn Hills Park Shelter — Finalization: City Attorney Vierling
announced that at this point in the meeting, they would recess to a closed
session to discuss items of pending litigation.
City Attorney Vierling proposed a motion to direct and authorize the City
Administrator to bring the Autumn Hills Park Shelter project to close
subject to the resolution of the outstanding issues in dispute, and subject to
the City Attorney's and the City Administrator's comments .
Councilmember Swenson, seconded by Councilmember McComber,
moved to approve the proposed motion. Carried 5-0.
VI. New Business:
A. Authorize Repair of Sanitary Sewer Line in 62"" Street: Councilmember
McComber, seconded by Councilmember Abrahamson, moved to
authorize repair of sewer line with patch and gravel, and direct staff to
work with Washington County on street repair. Carried 5-0.
VII. Adjournment:
Councilmember Swenson, seconded by Councilmember McComber, moved to
adjourn the meeting at 8:30 p.m. Carried 5-0.
Respectfully submitted,
Jennifer Thoen
Administrative Secretary/Deputy Clerk
Page 21 of 118
Approved as to Content and Form,
David Beaudet
Mayor
This Page Is Left Intentionally Blank.
Page 22 of 118
,K.
Oak Park Heights ,.£
Request for Council Action
Meeting Date July 24, 2007 'rime Required:
Agenda Item Title: Approve Transfer of Funds from the G. O. Refundin r Bonds of 2002 to the Capital
Revolving. Fund to Close Account
Agenda Placement Consent
Originating Depart hent/Requester Finance -Judy Holst, Deputy Clerk/Finance Director
Requester's Signature
Action Requested Approve transfer of funds from the G. O. Refunding Bonds of 2002 to the Capital
Revolvin ,y Fund to close account
Background/Justification (Please indicate if any previous action has been taken or if other public
bodies have advised):
The G. O. Refunding Bonds of 2002 were paid off in 2006. The balance in the fund as of June 30,
2007 is $48,490.12.
In the past it has been the City's policy to transfer any remaining balance in a Bond Fund that is closed
to the Capital Revolving Fund.
Finance recommends transferring the remaining balance In the G. O. Refunding Bonds of2002 Fund
in the amount of $48,490.12 to the Capital Revolving Fund and closing; the G. O. Refunding Bonds of
2002 Fund.
Page 23 of 118
This Page Is Left Intentionally Blank.
Page 24 of 118
Meeting Date July 24, 2007
Oak Park Heights
Request for Council Action
Time Required:
L0,SUR„..
Agenda Item "Title: Budget Amendment to Sanitation Transfer from General Fund to Sanitation Utility
Fund
Agenda Placement Consent
Originating D
Requester's Signature
Action Requested
Finance — Judy Holst, Deputy Clerk/Finance Director
et amendment transferring an additi
Utilitv Fund from the General Fund Sanitation Det)artment
Background/Justification (Please indicate if any previous action has been taken or if other public
bodies have advised):
We will require additional funds in the Sanitation Utility Fund to cover the July 1, 2007 increase in current rates for Veolia
Environmental Services for the cost of garbage containers. Based on the currealt container corult, the turaount of the increase
for the period July 1, 2007 through December 31, 2007 is approximately $3,300.
The 2007 budget has a budgeted General Fund surplus of $79,404, therefore there is enough in the General Fund to cover
the approved increase in rates.
Finance recommends increasing the budget fon- Sanitation & Solid Waste Transfer to Sanitation Utility Fund from $73,500
to $76,800.
Page 25 of 118
This Page Is Left Intentionally Blank.
Page 26 of 118
Oak Park Heights
Request for Council Action
Meeting Date July 24 2007 Time Required: 0 mins.
Agenda Item `-I'itle:AdoUt a Resolution Authorizing Receipt of a Donation from Phil's
Tara Hideaway and Directing; the Funds be Utilized for the Party in the Park
Agenda Placement Consent Agenda
Originating Department/Requestor. Administration/]ennifer 'IToen
Requester's Signature
Action Requested Adopt Resolution 07-07-42
Background/justification (Please indicate if any previous action has been taken or if
other public bodies have advised):
Phil's Tara l lideaway has generously donated $100.00 for the Party in the Park. I request that City
Council adopt Resolution 07-07-42 accepting the donation and directing that the funds be used for the
Party in the Park.
Page 27 of 118
RESOLUTION 07-07-42
CITY OF OAK PARK HEIGHTS
WASHINGTON COUNTY, MINNESOTA
A RESOLUTION AUTHORIZING RECEIPT OF A DONATION FROM PHIL'S
TARA HIDEAWAY AND DIRECTING THE FUNDS
I3L USED FOR THE PARTY IN THE PARK
WHEREAS, Oak Park Heights business, Phil's "Para Hideaway, has donated one
hundred dollars ($100.00) to the City of Oak Park Heights for the Party in the Park; and
WHEREAS, the City of Oak Park Heights is grateful for Phil's Tara Hideaway's
donation.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of
Oak Park heights shall accept Phil's 'Para I-lideaway's donation and that the City is
authorized to expend such funds for the purposes of enhancing the City's Party in the
Park.
Passed by the City Council of Oak Park Heights this 24th day of July, 2007.
ATTEST:
Eric A. Johnson
City Administrator
Page 28 of 118
David Beaudet
Mayor
forf
Oak Park Heights
Request for Council Action
Meeting Date July 24 2007 Time Required: 0 mins.
Agenda Item Title: Adopt a Resolution Authorizing Receipt of Two Mugs from
Menard Inc. and Directing the Items be Raffled Off at the Party in the Park
Agenda Placement Consent Agenda
Originating Department/Requestor Administration ennifer
Requester's Signature
Action Requested Adopt Resolution 07-07-43
Background /justification (Please indicate if any previous action has been taken or if
other public bodies have advised):
Menard, Inc has generously donated two mugs to be raffled off at the Party in the Park. I request that
City Council adopt Resolution 07-07-43 accepting the donation and directing that the mugs be raffled
of at the Party in the Park.
Page 29 of 118
RESOLUTION 0707-43
CITY OF OAK PARK HEIGHTS
WASHINGTON COUNTY, MINNESOTA
A RESOLUTION AUTHORIZING RECEIPT OF TWO MUGS
FROM MENARD, INC. AND DIRECTING THE ITEMS
BE RAFFLED OFF AT THE PARTY IN THE PARK
WHEREAS, Oak Park Heights business, Menard, Inc., has donated two mugs to
the City of Oak Park Heights to be raffled off at the Party in the Park; and
WHEREAS, the City of Oak Park Heights is grateful for Menard, Inc.'s
donation.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of
Oak Park Heights shall accept Menard, Ine.'s donation and that the City is authorized to
raffle the items off at the City's Parry in the Park.
Passed by the City Council of Oak Park Heights this 24th day of July, 2007.
ATTEST:
Eric A. Johnson
City Administrator
-
Page 30 of 118
David Beaudet
Mayor
Oak Park Heights
Request for Council Action
Meeting Date Tuly 24, 2007 Time Required: 0 mins.
Agenda Item Title:Ado )t a Resolution Authorizing Receipt of two vouchers for
Services from Dr. Scott Edlin of Ins iced Chiro ractic and Directing the Vouchers
be Raffled Off at the Party in the Park
Agenda Placement Consent Agenda
Originating Department/Requestor
Requester's Signature
Action Requested Ado t Resolution 07-07-44
Thoen
Background /justification (Please indicate if any previous action has been taken or if
other public bodies have advised):
Dr. Scott Edlin of Inspired Chiropractic would like to donate two vouchers for an exam and 10
sessions to be raffled off at the Party in the Park. I request that City Council adopt Resolution 07-07-
44 accepting the donation and directing that the vouchers be raffled of at the Party in the Park.
Page 31 of 118
RESOLUTION 07-07-44
CITY OF OAK PARK HEIGHTS
WASHINGTON COUNTY, MINNESOTA
A RESOLUTION AUTHORIZING RECEIPT OF TWO VOUCHERS
FOR SERVICES FROM DR. SCOTT EDLIN OF INSPIRED CHIROPRACTIC
AND DIRECTING THE VOUCHERSBE RAFFLED OFF AT
THE PARTY IN THE PARK
WHEREAS, Oak Park heights businessman, Dr. Scott Edlin of Inspired
Chiropractic, wishes to donate two vouchers to the City of Oak Park Heights to be raffled
off at the Party in the Park; and
WHEREAS, the City of Oak Park Heights is grateful for Dr. Scott Edlin's
donation.
NOW, THEREFORE, 13E IT RESOLVED, that the City Council of the City of
Oak Park Heights shall accept Dr. Scott Edlin's donation and that the City is authorized
to raffle the vouchers off at the City's Party in the Park.
Passed by the City Council of Oak Park Heights this 24th day of July, 2007.
ATTEST:
Eric A. Johnson
City Administrator
Page 32 of 118
David Beaudet
Mayor
Oak Park Heights
Request for Council Action =-
Meeting Date july 24 2007 Time Required: 0 mins.
Agenda Item Title: Adopt a Resolution Authorizing Receipt of Two Gift Certificates
From Carbone's Pizzeria and Directing the Gift Certificates be Raffled Off at the
Party in the Park
Agenda Placement Consent Agenda
Originating Department/Requestor
Requester's Signature
Administration
Action Requested Adopt Resolution 07-07-45
Background/ justification (Please indicate if any previous action has been taken or if
other public bodies have advised):
Carbone's Pizzeria would like to donate two gift certificates to be raffled off at the Party in the Park. I
request that City Council adopt Resolution 07-07-45 accepting the donation and directing that the gift
certificates be raffled of at the Party in the Park.
Page 33 of 118
RESOLUTION 07-07-45
CITY OF OAK PARK HEIGHTS
WASHINGTON COUNTY, MINNESOTA
A RESOLUTION AUTHORIZING RECEIPT OF TWO GIFT CERTIFICATES
FROM CARBONE'S PIZZERIA AND DIRECTING THE GIFT CERTIFICATES
BE RAFFLED OFF AT THE PARTY IN THE PARK
WHEREAS, Oak Park Heights business, Carbone's Pizzeria, wishes to donate
two gift certificates to the City of Oak Park Heights to be raffled off at the Party in the
Park; and
WHEREAS, the City of Oak Park Heights is grateful for Carbone"s Pizzeria's
donation.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of
Oak Park Heights shall accept Carbone's Pizzeria's donation and that the City is
authorized to raffle the gift certificates off at the City's Party in the Park.
Passed by the City Council of Oak Park Heights this 24th day of July, 2007.
AT'hIS"T:
Eric A. Johnson
City Administrator
Page 34 of 118
David Beaudet
Mayor
l
Oak Park Heights
Request For Council Action
Meeting Date lulu 24, 2007 Time Required: 0 mins.
Agenda item 'Title:Ado t a Resolution Authorizing Recei t of..a. Men's Wind Shirt
and a Women's Polo Shirt from Bonestroo and Directing the Items be Raffled Off
at the Party in the Park
Agenda Placement Consent Agenda.
Originating Department/Requestor Administration) Jennifer Thoen
Requester's Signature
Action Requested Adopt Resolution 0707-47
Background /justification (Please indicate if any previous action has been taken or if
other public bodies have advised):
Bonestroo would like to donate a men's wind shirt and a women's polo shirt to be raffled off at the
Party in the Park. I request that City Council adopt Resolution 07-07-47 accepting the donation and
directing that the items be raffled of at the Party in the Park.
Page 35 of 118
RESOLUTION 07-0747
CITY OF OAK PARK HEIGHTS
WASHINGTON COUNTY, MINNESOTA
A RESOLUTION AUTHORIZING RECEIPT OF A MEN'S WIND SHIRT AND
WOMEN'S POLO SHIRT FROM: BONESTROO AND DIRECTING THE ITEMS
BE RAFFLED OFF AT THE PARTY IN THE PARK
WHEREAS, Oak Park Heights' consulting engineer, Bonestroo, wishes to donate
a men's wind shirt and women's polo shirt to the City of Oak Park heights to be raffled
off at the Party in the Park; and
WHEREAS, the City of Oak Park Heights is grateful for Bonestroo's donation.
NOW, TBEREFORE, BE IT RESOLVED, that the City Council of the City of
Oak Park Heights shall accept Bonestroo's donation and that the City is authorized to
raffle the items off at the City's Party in the Park.
Passed by the City Council of Oak Park 1-leights this 24tH day of July, 2007.
ATTEST:
Eric A. Johnson
City Administrator
Page 36 of 118
David Beaudet
Mayor
Oak Park Heights EPICL08U E
E" h
Request for Council Action
Meeting Date July 24, 2007 _ Time Required: 0 mins.
Agenda Item Title: Ado t a Resolution Authorilin r Recei t of •I'wo Clocks from
ValleyTro-phy and Directing the Items be Raffled Off at the Party in the Park
Agenda Placement Consent Agenda
Originating Department/ Requestor,-.Administration ennifer Ihoen
Requester's Signature
Action Requested Adopt Resolution 07-07-48
Background justification (Please indicate if any previous action has been taken or if
other public bodies have advised):
Valley Trophy would like to donate two clocks to be raffled off at the Party in the Park. I request that
City Council adopt Resolution 07-07-48 accepting; the donation and directing that the items be raffled
of at the Party in the Park.
Page 37 of 118
RESOLUTION 07-07-48
CITY OJT OAK PARK HEIGHT'S
WASHINGTON COUNTY, MINNESO'T'A
A RESOLUTION AUTHORIZING RECEIPT OF TWO CLOCKS FROM
VALLEY TROPHY AND DIRECTING THE ITEMS BE RAFFLED OFF AT THE
PARTY IN THE PARK
WIIEREAS, Oak Park Heights' business, Valley Trophy, wishes to donate a two
clocks to the City of Oak Park Heights to be raffled off at the Party in the Park; and
WHEREAS, the City of Oak Park I-Ieights is grateful for Valley Trophy's
donation.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of
Oak Park Heights shall accept Valley Trophy's donation and that the City is authorized to
raffle the items off at the City's Party in the Park.
Passed by the City Council of Oak Park Heights this 24th day oi' July, 2007.
ATTEST:
Eric A. Johnson
City Administrator
Page 38 of 118
David Beaudet
Mayor
Oak Park Heights
Request for Council Action
Meeting Date July 24, 2007 Time Required: o mins.
Agenda Item 'Title: Adopt a Resolution Authorizing Receipt of Ten Gift Certificates from
Pizza Man and Directing the Gift Certificates be Raffled Off at the Party in the Park
Agenda Placement Consent Agenda
Originating Department/Requestor Administration /Jennifer Thoen
Requester's Signature
Action Requested Adopt Resolution 07-07-4
Background/Justification (Please indicate if any previous action has been taken or if other
public bodies have advised):
Pizza Man would like to donate ten (10) $10 gift certificates to be raffled off at the Party in the Park. I
request that City Council adopt Resolution 07-07-49 accepting the donation and directing that the gift
certificates be raffled of at the Party in the Park.
Page 39 of 118
RESOLUTION 07-07-49
CITY OF OAK PARK HEIGHTS
WASHINGTON COUNTY, MINNESOTA
A RESOLUTION AUTHORIZING RECEIPT OF TEN GIFT CERTIFICATES
FROM PIZZA MAN AND DIRECTING THE GIFT CERTIFICATES BE
RAFFLED OFF AT THE PARTY IN THE PARK
WHEREAS, Oak Park Heights' business, Pizza Mail, wishes to donate a ten gift
certificates to the City of Oak Park Heights to be raffled off at the Party in the Park; and
WHEREAS, the City of Oak Park Heights is grateful for Pizza Man's donation.
NOW, THEREFORE, 13E IT RESOLVED, that the City Council of the City of
Oak Park Heights shall accept Pizza Man's donation and that the City is authorized to
raffle the gift certificates off at the City's Party in the Park.
Passed by the City Council of Oak Park Heights this 24th day of July, 2007.
A'FF ST:
Eric A. Johnson
City Administrator
Page 40 of 118
David Beaudet
Mayor
Oak Park Heights
Request for Council Action
Meeting Date July 24, 2007 Time Required: o mins.
Agenda Item Title: Authorize Staff to Correspond with Legislature Regarding
Annexation Between Baytown and Oak Park Heights
Agenda Placement Consent Agenda
Originating Department/Requestor Mayor Beaudet
Requester's Signature
Action Requested
Background/Justification (Please indicate if any previous action has been taken or if other
public bodies have advised):
Direct staff to prepare information for the legislative commission studying annexation in the State of Minnesota.
The staff work would be to provide information on the 1997 annexation between Baytown and Oak Park Heights,
and to develop information to allow for contested annexation between the two cities. The staff is to prepare
information in regard to highest and best use and area to be ser-md with water and sewer, as part of the Met
Council's planning.
Page 41 of 118
This Page Is Left Intentionally Blank.
Page 42 of 118
Oak Park Heights
Request for Council Action
Meeting Date: July 24 2007
Agenda Item Title: Adopt Revised Ordinance 301 Relating to State Buildin Cade Revisions
Time Required: 1 minute
Agenda Placeme
Originating
Requester's Signature
Action Requested:
Background/Justification (PI
budget information and reco
nson. Citv Admini
ance 301
indicate any previous action, financial implications including
-idations).
Attached is amended Ordinance 301 as it relates to adoption of the Minnesota State
Building Code. Section 301.01 has been amended to update the appropriate code year
editions and chapter provisions as adopted by the State of Minnesota, effectively July
10, 2007.
The City must amendlreadopt this Ordinance at this time is due to the State adopting
the 2007 Minnesota State Building Code, including the 2006 International Building
Code and 2006 International Residential Code.
Once approved by the Council, the revisions will be published pursuant to the
requirements of State Statute and will only then become effective.
PLEASE ALSO NOTE:
The following chapters of the 2007 Minnesota State Building Code are still in various stages of adoption and are expected to
follow this fall:
® Chapter 1311
Minnesota Conservation Code for Existing Buildings
m Chapter 1322
Residential Energy Code
® Chapter 1323
Commercial Energy Code
® Chapter 1346
Mechanical and Fuel Gas Codes
® Chapter 4715
Minnesota Plumbing Code
® Chapter 5230
High-pressure piping, pipefitters, power piping systems
Page 43 of 118
301.
CITY OF OAK PARK HEIGHTS
WASHINGTON COUNTY, MINNESOTA
AN ORDINANCE ADOPTING THE MINNESOTA STATE BUILDING CODE;
PROVIDING FOR THE APPLICATION, ADMINISTRATION, AND
ENFORCEMENT OF THE MINNESOTA STATE BUILDING CODE BY
REGULATING THE ERECTION, CONSTRUCTION, ENLARGEMENT,
ALTERATION, REPAIR, MOVING, REMOVAL, DEMOLITION,
CONVERSION,
OCCUPANCY, EQUIPMENT, USE, HEIGHT, AREA, AND MAINTENANCE
OF ALL BUILDINGS AND/OR STRUCTURES WITHIN THE
CITY OF OAK PARK HEIGHTS AND FURTHER PROVIDING FOR THE
ISSUANCE OF PERMITS AND COLLECTION OF FEES RELATED THERETO.
FURTHER, REPEALING ALL ORDINANCES AND PARTS OF THEREOF IN
CONFLICT HEREWITH AND PROVIDING FOR THE PENALTIES
OF VIOLATIONS OF THIS ORDINANCE.
THE CITY COUNCIL OF THE CITY OF OAK PARK HEIGHTS, WASHINGTON
COUNTY, MINNESOTA, DOES ORDAIN:
301.01 State Building Code Adoption. The 2007 Minnesota State Building Code,
established pursuant to Minnesota Statute §1613.59 through 16B.75 and
published in Minnesota Rules Chapter 1300 through 1370 and incorporating
Chapter 4715, Minnesota Plumbing Code and Chapters 7670, 7672, 7674, 7676
and 7678 Minnesota Energy Code, of Minnesota Rules, is hereby incorporated
into this Ordinance as if set out in full, subject to the following specifications:
A. Mandatory Enforcement Provisions. The following chapters of Minnesota
Rules shall be enforced and administered without change by the City as
mandatory provisions of the Minnesota State Building Code:
1. Chapter 1300, Administration of the Minnesota State Building Code;
2. Chapter 1301, Building Official Certification;
3. Chapter 1302, State Building Construction Approvals;
4. Chapter 1303, Minnesota Provisions;
5. Chapterl305, Adoption of the 2006 International Building Code;
6. Chapter 1307, Elevators, and Related Devices;
7. Chapter 1309, Adoption of the 2006 International Residential Code;
Page 44 of 118
8. Chapter 1311, Adoption of the 2000 Guidelines for the Rehabilitation
of Existing Buildings;
9. Chapter 1315, Adoption of the 2005 National Electric Code
(Administered by the State Board of Electricity);
10. Chapter 1325, Solar Energy Systems;
11, Chapter 1330, fallout Shelters;
12. Chapter 1335, Flood Proofing Regulations;
13. Chapter 1341, Minnesota Accessibility Code;
14. Chapter 1346, Adoption of the Minnesota State Mechanical Code
15. Chapter 1350, Manufactured Homes;
16. Chapter 1360, Prefabricated Structures;
17. Chapter 1361, Industrialized/Modular Buildings;
18. Chapter 1370, Storm Shelters (Manufactured Home Parks);
19. Chapter 4715, Minnesota Plumbing Code; and
20. Chapters 7670, 7672, 7674, 7676 and 7678, Minnesota Energy Code.
B. Optional Enforcement of Provisions Adopted. The following chapters of
Minnesota Rules, representing optional provisions of the Minnesota State
Building Code, are hereby adopted and incorporated by the City without
change and shall be enforced and administered by the City as a part of the
Building Code for the City:
1. Chapter 1306, Special Fire Protection Systems, option Subpart 2 and
1306.0030(E), option 1;
2. Chapter 1335, sections .0600 through .1200, Flood Proofing
Regulations; and
3. 2006 International Building Code Appendix J (Grading).
301.02 Application Administration and Enforcement. The application,
administration and enforcement of the Minnesota State Building Code
shall be in accordance with Minnesota Rules Chapter 1300. The Code
shall be enforced within the extraterritorial limits provided by Minnesota
Statute §16B.62, Subd. 1, when so established by this ordinance.
The code enforcement agency of this municipality is called the City of
Oak Park Heights. This Code shall be enforced by the Minnesota
Certified Building Official designated by the City to administer the Code
as provided by Minnesota Statutes § 16B.65, Subd. 1.
Page 45 of 118
301.03 Permits Inspections, and lees. The issuance of permits and the
collection of fees shall be as authorized by Minnesota Statute § 1613.62,
Subd. 1. Permit fees shall be assessed for work governed by the
Minnesota State Building Code in accordance with the f-ee scheduled
adopted by the City of Oak Park heights and is hereby incorporated by
reference herein. Said fee schedule is subject to change and is made part of
this ordinance by reference herein. In addition, a surcharge fee may be
collected on all permits issued for work governed by the Minnesota State
Building Code in accordance with the provisions of Minnesota Statutes
§ 16B.70.
301.04 Violation and Penalties. By the provisions of Minnesota Statute § 16B.69
and Minnesota Rules Chapter 1300, a violation of the Code is a
misdemeanor.
301.05 Repeal. All ordinances in conflict or inconsistent with the provisions of
this Ordinance are hereby repealed.
Page 46 of 118
,T;
<:,,.
95,,
Oak Park Heights , k
Request for Council .Action
Meeting Date July 24th, 2007
Time Required: 5 Minutes
Agenda Item Title: Consideration of a Resolution of Support for the Establishment
No Wake Zone — Sunnyside Marina Area
Agenda Placement
Originating Department/
Requester's Signature
Action Requested D
Background /Justificati
if other public bodies h
Johnson
ion and
Tease indicate if any previous action has been taken or
advised) :
For Council's reference I have attached some of the document from gust meetings to the Council
Action Sheet. As noted the City will be holding a meeting at Spm, see the May 31St Invitation.
Page 47 of 118
City of oak Park :Heights
14168 Oak Park Blvd. N • Box 2007.Oak Park I1eights, MN 55082 • Phone (651) 439-4439 • Fax (651) 439-0574
May 31, 2007
INVITATION
11W
Mr. Rick Chapman, General Manager, Sunnyside Marina, 6413 St. Croix Trail, N. Stillwater, MN 55082
Mr. Kim Elverum, Minnesota DNR Boat & Safety Div., 500 Lafayette Road, St. Paul, MN., 55155.
Mr. Dave Hausman, Wisconsin DNR, 890 Spruce Street, Baldwin 54002.
Sheriff, Dennis Hillstead, St. Croix County, Government Center,1101 Carmichael Rd., Hudson, Wl 54016.
Sheriff, William Hutton, Washington County, Law Enforcement Center, PO Box 3801, Stillwater, MN 55082
Mr. Gary Kriesel, Chairman, Washington County Board, PO Box 6, Stillwater, MN 55082.
Mr. Mark Liska, President, Sunnyside Marina, 6413 St. Croix Trail, N• Stillwater, MN 55082
FROM: The City of Oak Park Heights City Council
RE: Possible Establishment of "No -Wake Zone" adjacent to Sunnyside Marina
The City Council for the City of Oak Park Heights will be hosting a roundtable discussion with
numerous agencies regarding the recent request received by the Sunnyside Marina to support a
"no -wake zone" directly adjacent to their property extending into the St. Croix River. Please see the
enclosed communication and map of area.
This discussion is scheduled to be held at 6:00 p.m. on Tuesday, July 24'h, 2007 at the City of Oak
Park Heights City Hall.
The purpose of the meeting to ascertain if there is a general consensus as to if a No -Wake Zone
can or should be established in this area. The expertise and input of all individuals is needed to
make this discussion a worthwhile endeavor. Accordingly, the City asks that you please attend this
meeting or please send an appropriate individual.
I will be contacting you approximately two to three weeks prior to the meeting date to confirm your
attendance. // A
Page 48 of 118
On the Beautift 1. St, Croix River
Port of S f.nnyside Chibr . TICn 6413 St. Croix Trail North
Stillwater, Minnesota 55082 e 651-439-211.8 ®lax: 6:51-939--1.033
tl s r
May 15, 2007 ` `' i'
Erik Johnson, City Administrator, City of Oak Park Heights
14168 Oak Park Blvd N.
P.O. Box 2007
Oak Park Heights, MN 55082
Dear Mr. Johnson:
The Board of Directors of the Port of Sunnyside Club, Inc. met for a special meeting on Saturday, June
12, 2007. The purpose of this meeting was to review the report from an Ad Hoc committee established
by the membership of our association at the September 2006 annual membership meeting. This Ad
Hoc committee, the "No Wake" committee, was asked to investigate the idea of creating a "No Wake"
zone in front of the Port of Sunnyside marina. The Board of Directors heard the report from the "No
Wake" committee, which included the resolution by the City Council of Oak Park Heights. The Board of
Directors then went in front of the membership of the association at the spring membership meeting
and asked the members in attendance for a show of hands if they supported a "No Wake" zone in front
of our marina. The vote was overwhelmingly in favor of a "No Wake" zone being established.
Immediately following this membership meeting the Board of Directors reconvened and voted on the
official position of the Port of Sunnyside Club, Inc. in regards to the establishment of a "No Wake" zone
in front of the marina. The Board of Directors voted in favor of a "No Wake" zone and is committed to
working with all of the local governments and agencies involved to make this "No Wake" zone a reality.
The Board of Directors wishes to thank the City of Oak Park Heights for its support of this effort. If the
Port of Sunnyside Club, Inc. can be of any assistance in this effort please do not hesitate to call our
General Manager, Rick Chapman or the President of the Board of Directors, Mark Liska.
Sincerely,
Rick Chapman, General Manager
Mark Liska, President of the Board of Directors
Page 49 of 118
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Request for Council Action '
Meeting Date Jul 2 20o Time Requited:
Agenda Item Title: Reschedule of September 11gooand November 6 200City Council
Meetings
Agenda Placement Old Business
Originating Department/Requestor AdministrationZJennifer Thoen
Requester's Signature
Action Requested Reschedule Meetings
Background/Justification (Please indicate if any previous action has been taken or if other
public bodies have advised):
Independent School District 834 has contracted with Washington County to conduct the School Board
Elections this fall. In turn., Washington County has asked the municipalities to administer the election
at their usual polling locations. The City will be holding a primary oil September 11, 2007 and a
general election on November 6, 2007, which means that the council chambers will be needed 'Por
elections.
I am requesting that the September 11, 2007 and November 6, 2007 City Council Meetings be
rescheduled to accommodate the elections.
Page 51 of 118
This Page Is Left Intentionally Blank.
Page 52 of 118
0
Oak Park Heights
Request for Council Actio,
Meeting Date Jul 24J1,2007
Time Required: 10 Minutes
Agenda Item Title: Jerden LLC - Re uest for Comprehensive Plan Amendment,
Conditional Use Permit Sign Variance Subdivision Replatting, vacation of existing
utilijy and drainage easements and Site Plan Design Guideline Review - To Allow
the Development of Automobile Dealership Corner of 58th Street and Memorial Ave..
Agenda Placement New Bus
Originating Department/I�e`§ Nestor uric Johnson Cily Admini
Requester's Signature
Action Requested Approve Rp sojgtion with
Background/ Justification �Please indicate if any previous action has been taken or
if other public bodies have advised):
Please see enclosed from Scott Richards, City Planner:
1. Staff Report dated duly 5t4, 2407 (attachments can be found in the July Planning
Commission Packet)
2. Planning Commission Resolution -- Unsigned
3. proposed City Council Resolution.
Page 53 of 118
NORTHWEST ASSOCIATED CONSULTANTS, INC.
4800 Olson Memorial Highway, Suite 2032, Golden Valley, MN 55422
Telephone: 753.231.2555 Facsimile: 763.231.2561 planners@nacplanning.com
PLANNING REPORT
TO: Eric Johnson
FROM: Scott Richards
DATE: July 5, 2007
RE: Oak Park Heights - Denny Hecker's Cadillac -Pontiac -GMC — 58"
Street North and Morning Dove Avenue South
FILE NO: 798.02 — 07.06
BACKGROUND
Jerden, LLC has applied for a Comprehensive Plan amendment, Zoning District
amendment, conditional use permit, sign variance, subdivision replacing, vacation of
existing platted utility and drainage easements, and site plan/Design Guidelines review
to allow for development of a new automotive dealership at the corner of 58th Street
North and Morning Dove Avenue. The dealership would be moved from its current
location at Highway 36 and Osgood Avenue in Oak Park Heights.
The submittal plans show a 31,076 square foot building proposed for a 4.95 acre site.
Jerden LLC owns the remaining area east of Memorial Avenue North and south of 58th
Street (other than the existing S&C Bank on Morning Dove Avenue). The site would be
replatted to create the lot for the dealership and the remaining 7.66 acres would be
platted as an outlot. The plans indicate the location of a future public street adjacent
that would eventually connect Memorial Avenue to 58th Street.
The site is in the B-3, Highway Business District that would require a conditional use
permit for open and outdoor sales. A site plan review and sign variance are also
required for the auto dealership. The auto dealership lot would remain zoned B-3
District and the underlying Comprehensive Plan designation will remain as Highway
Business Warehouse. For the remaining property, the applicant proposes a change to a
commercial land use designation and rezoning to B-2, General Business District.
Page 54 of 118
Attached for reference:
Exhibit 1
Preliminary Plat, Jacob Third Addition (PP1)
Exhibit 2
Preliminary Plat; Topography (PP2)
Exhibit 3
Preliminary Site Plan (A1.1)
Exhibit 4
Preliminary Landscape Plan (L1.1)
Exhibit 5
Preliminary Site Lighting Plan (SL1.1)
Exhibit 6
Photometric Plan
Exhibit 7
Fixture Specifications
Exhibit 8
Preliminary Signage Plan (S1.1)
Exhibit 9
Freestanding Sign Details (S1.2)
Exhibit 10
Preliminary Main Level Plan (A2.1)
Exhibit 11
Preliminary Second Level Plan (A2.2)
Exhibit 12
Preliminary Building Elevations (A3.1)
Exhibit 13
Trash Enclosures (A1.2)
Exhibit 14
Proposed Grading Plan and Erosion Control Plan (C1)
Exhibit 15
Proposed Utility Plan (C2)
Exhibit 16
Proposed Utility Plan (C3)
Exhibit 17
Color Building Elevations
Exhibit 18
Project Narrative by Applicant
Exhibit 10
Rezoning, Replatting and Vacation Narrative by Applicant
Exhibit 20
Preliminary Parcel Layout (A0.1)
Exhibit 21
Memorandum from Kathy Widin, City Arborist
Exhibit 22
Memorandum from Karen Erickson, City Engineer
ISSUES ANALYSIS
Comprehensive Plan. The Oak Park Heights Comprehensive Plan Land Use Map
guides this site as Highway Business Warehouse. The proposed auto dealership is
compatible with the Comprehensive Plan land use designation and is allowed within the
B-3 District as a conditional use. The applicant does not propose a change in the land
use designation or zoning for the auto dealership portion of the site. The remaining
area, to be replatted as Outlot A, is proposed to be redesignated to commercial land
use and zoned to B-2, General Business District.
The land use designation change for the Outlot A area is a policy decision by the City
Council. When the City annexed the Kern Center, it was decided at that time the area
would be designated and zoned in such a way as to encourage the construction of
business warehousing uses in this area west of State Highway 5. At the time, the City
had significant areas designated and zoned for general commercial use with frontage
on Highway 36. The City encouraged retail, restaurant and service uses in the B-2
District areas along Highway 36 and now those areas are almost completely developed.
Staff recommends a land use designation change to commercial, for the areas within
Outlot A. The site is provided significant visibility from State; Highway 5 and convenient
Page 55 of 118 2
access from 58th Street. It would be an appropriate area for development of genera
commercial uses.
Zoning. The property is zoned B-3, Highway Business and Warehouse District. As
indicated, the B-3 District will remain for the auto dealership property and will require a
CUP. A review of the CUP criteria will follow later in the report.
The Outlot A property is proposed to be rezoned to B-2, General Business District if the
Comprehensive Plan designation change is approved. The B-2 District allows for a
wider range of retail and service uses as well as restaurants.
Subdivision. The subject property is platted as Lot 2, Block 1, Oak Park Station. The
S&C Bank site is Lot 1, Block 1, Oak Park Station. The auto dealership site will be
replatted to Lot 1, Block 1, and the remaining property would be Outlot A, Jacob Third
Addition. Morning Dove Avenue South right-of-way and roadway would remain in its
current location at this time. The applicants prefer creating an outlot in that the future
development has not been determined for this area. The property would be replatted
into lots, blocks and possibly additional right-of-way when there is a development
proposal. The plans indicate a possible right-of-way location that would connect
Memorial Avenue North and 581h Street/Morning Dove Avenue. This is only shown to
give the City a potential concept for access into the site.
As part of this platting, the applicants have proposed that all existing utility and drainage
easements on Lots 5, 6 and 7, Block 1, Kern Center 2nd Addition, Lot 1, Block 2, Kern
Center and on Lot 2, Block 1, Oak Park Station created by said plats be vacated.
These easements are no longer needed in that the new plat has created new lot lines
that do not follow the original plat.
The utility and drainage easements created by Oak Park Station must remain for
drainage on Lot 2, Block 1 will be rededicated on the new plat of Jacob Third Addition.
Access/Roadways. The City Engineer has done a preliminary review of the plans and
offers the following comments. The complete review memo is found as Exhibit 22,
1. It is recommended that the entrance on Morning Dove Avenue be moved further
south to line up with the customer parking drive aisle. This will facilitate better
traffic operations as the future street is completed. Moving the access point will
help maintain the integrity of the intersection of 58th Street and Morning Dove
Avenue. (This change was made in the most recent plan.)
2. The turning radius from the parking lot to Memorial Avenue will need to be
increased for the delivery trucks so that they will not drive over the curb and to
minimize the need for the trucks to encroach into oncoming traffic lanes.
3. It is recommended that the south radius at 58th and Memorial Avenue be
increased from 42 feet to 60 feet. Even with the larger radius, trucks turning right
Page 56 of 118 3
from Memorial to 58th will need to drive into the west bound lane on 58th Street,
however they will be able to remain on the pavement.
4. Revisions will be required on the traffic signal and loop detectors at Highway 5
and 58th Street. Mn/DOT will need to review and approve these revisions.
5. It is recommended that 58th Street will be widened to four lanes from Highway 5
to Morning Dove Avenue and then taper back to the existing two lanes on the
west side of Morning Dove.
6. For the circulation of traffic, future development of the entire Denny Hecker site
will require additional roadway improvements.
The City Engineer further recommends the applicant contact Mn/DOT on the following
issues:
1. Setbacks from Mn/DOT's right-of-way for proposed improvements.
2. Modifications 58th Street at Highway 5 within Mn/DOT's right-of-way.
3. As stated above, any signal modifications at 58th Street and Highway 5.
Lot Performance Standards. The following table compares the required and
proposed dimensions and setbacks for the Denny Hecker site in the B-3 District. The
dimensions of the proposed site are compliant with the dimensions required by the
district.
All of the parking areas, light fixtures and bases and monument signs are setback the
required dimensions.
Impervious Surface Coverage. Within the B-3 District, not less than 20 percent of the
lot shall remain as impervious surface and landscaping. The site plan indicates that
13.8 percent of the site will be covered with buildings, 65.4 percent will be paving and
sidewalk, and 20.8 percent will be landscaping in accordance with the Zoning
Ordinance,
Grading, Drainage and Utility. Grading, drainage and utility plans have been
submitted and are subject to review by the City Engineer and the Brown's Creek
Watershed District. Stormwater is directed into the pond within the Kern Center that
was constructed to accommodate drainage from this area. The grading, drainage and
utility plans shall be subject to approval of the City Engineer and Brown's Creek
Watershed District.
Page 57 of 118 4
Setback
Front Side
Side
Rear
Area Width
North East
West
South
Required 15,000 sf 100 feet
40 feet 20 feet
20 feet
40 feet
Proposed 215,000 sf 369 feet
95 feet 68 feet
55 feet
195 feet
All of the parking areas, light fixtures and bases and monument signs are setback the
required dimensions.
Impervious Surface Coverage. Within the B-3 District, not less than 20 percent of the
lot shall remain as impervious surface and landscaping. The site plan indicates that
13.8 percent of the site will be covered with buildings, 65.4 percent will be paving and
sidewalk, and 20.8 percent will be landscaping in accordance with the Zoning
Ordinance,
Grading, Drainage and Utility. Grading, drainage and utility plans have been
submitted and are subject to review by the City Engineer and the Brown's Creek
Watershed District. Stormwater is directed into the pond within the Kern Center that
was constructed to accommodate drainage from this area. The grading, drainage and
utility plans shall be subject to approval of the City Engineer and Brown's Creek
Watershed District.
Page 57 of 118 4
Parking. The City's Zoning Ordinance does not have parking standards related to open
and outdoor sales of cars, trucks or vans. In the past, calculation of required parking
stalls has been based upon the requirements for outdoor boat sales. On the plans, the
applicant has shown the parking requirements based upon requirements for retail sales,
storage and automotive services. Both calculations are included here and both
methods indicate that the site will meet all parking requirements.
Boat Sales:
Boat sales require one space for each 400 square feet of floor area for the first 25,000
square feet, plus one space for each 600 square feet thereafter. The total square feet
of the new building is 31,076; after subtracting ten percent, the calculated area is
27,968. The resulting parking space requirement for this site is as follows:
31,076 square feet x 9 = 27,968 sq.ft.
25,000 square feet 400 = 63 spaces
2,968 square feet _ 600 = 5 spaces
68 spaces
Sales/Storage/Service:
Retail sales require one space for each 200 square feet of floor area, storage uses
range one space for each 800 square feet of floor area and service areas require eight
parking spaces, plus one additional space for each 800 square feet of floor area over
1,000 square feet. The resulting parking space requirement for this site is as follows:
Sales:
10,831 x .9 = 9,748 square feet � 200 = 49 spaces
Storage:
5,093 x .9 = 4,583.7 square feet _ 500 = 9 spaces
Service:
15,152 x .9 = 13,637-1,000 = 12,637 � 800 = 16+8 = 24 spaces
Total Spaces Required..........................................82 spaces
By using the boat sales method, 68 spaces are required. Utilizing the other method, 82
spaces are required. The plans have indicated a total of 88 parking spaces dedicated
and signed for customers, service and employees. There are an additional 293 spaces
for vehicle display resulting in an overall total of 381 spaces. The parking requirements
are met with the plan as presented.
Vehicle Display. The plans indicate five vehicle display pads that are separate from
the parking areas. The display pads are proposed to be compliant with the 10 foot
setback requirement. The applicant has indicated that the pads are placed at ground
level. The plans also indicate vehicle display on the south side of the lot that is within a
Page 58 of 118 5
green space area. No vehicle parking will be allowed in this area or on non paved
areas.
Sidewalks/Trails. The submitted plans do not include any plans for sidewalk or trail
extensions. The Park and Trail System Plan indicates the addition of trails on 58th
Street and continuing on Memorial Avenue North, around the proposed dealership.
There are sidewalks/trails that exist on a portion of 58th Street at Morning Dove Avenue.
Staff has suggested that the sidewalk would continue from 58th Street on Morning Dove
Avenue with the possible future connection to Memorial Avenue North. The Planning
Commission and City Council should comment on the location of the trails/sidewalks.
Parking Stall/Driveways/Loading Areas. All of the parking stalls that are indicated
are dimensioned at 9 feet by 20 feet in compliance with the Zoning Ordinance
standards. Most of the drive aisles are dimensioned at 22 feet although some aisles in
the vehicle display areas are shown at 20 feet. The drive aisle dimensions should be
subject to review and approval of the City Engineer.
The site plan indicates two loading berths on the south side of the building. The
landscape plan indicates a row of Techny Arborvitae to partially screen the loading area
and a wall has been extended from the building to screen trucks parked in the berths.
Landscaping. The City Arborist and City Planner agree that the landscape plan for the
site is minimal. Additional trees should be planted on the site perimeter and the species
diversity must be broadened. The interior plantings within the site appear to be
acceptable. The pylon, monument and directional signs will need to be provided with
plantings as required in Section 401.15.G Signs of the Zoning Ordinance. The City
Arborist has provided comments as found in Exhibit 21. A revised landscape plan
reflecting the recommendations of the Planning Report and the City Arborist comments
shall be provided to the City and subject to the review and approval of the City Arborist.
Building Height and Design Guidelines. The building heights meets the maximum
requirements of the Zoning Ordinance. The proposed building at the highest point to
the top of the proposed wall is 30 feet; a 35 foot building is allowed within this district.
The building elevations indicate front entrance areas on the east and south elevations
with significant aluminum curtain walls with glass windows. The majority of the
remaining walls is a rock face concrete masonry unit and EIFS, both in an off-white.
The front entrances are also framed with an aluminum composite panel in a silver color.
The amount of class and the quality of the primary building materials will meet the intent
of the Design Standards. Building materials and color samples will need to be provided
for Planning Commission and City Council review. The applicant shall specify all
building materials and colors including doors and trim. Colored elevations have been
provided for Planning Commission and City Council review.
Page 59 of 118 6
Lighting Plan. A site lighting plan specifies the location of the lighting fixtures within
the parking lot and on the building. All of the fixtures would be a full cut off shoe -box
style fixture. The fixtures will be 22 feet in height placed on a three foot concrete base
in compliance with the Zoning Ordinance lighting provisions. Two of the poles and
fixtures indicate 1,000 watt floodlights to feature the front of the building. Floodlights are
not allowed, although architectural down lighting can be utilized to light the building
front.
The Zoning Ordinance requires the following regarding lighting intensity:
"No light source or combination thereof which cast light on a public street shall
exceed one (1) foot candle meter reading as measured from the centerline of
said street nor shall any light source or combination thereof which cast light on
adjacent property exceed four -tenths (0.4) foot candles as measured at the
property line, per the method outlined in Section 401.15. B. 7. e."
It appears as though the lighting plan will not meet the standards of the Zoning
Ordinance in terms of intensity. The applicant shall provide a revised lighting plan with
compliant foot candle readings at the property line and within adjacent rights-of-way.
The final lighting plan shall be subject to approval of the City Staff.
The Zoning Ordinance requires that outdoor lighting for parking lots serving commercial
businesses shall be turned off one hour after closing, except for approved security
lighting. The applicant shall provide a plan, subject to approval of City staff, indicating
what lights will be shut off or remain lit to comply with this requirement.
Signage. The signage plan indicates 10 wall signs and four freestanding signs. The
wall signage range in size from a maximum of 40 square feet to 10 square feet for
directional signage. Of the proposed freestanding signs, one is a 20 foot tall pylon sign
and the others are monument and directional signs. The size and location of each of
the signs is described in the following table.
Page 60 of 118 7
Building Signage Proposed
Location
Sign
Area
East Elevation
DennyHecker's
40 square
feet
Cadillac Loo 20 square
feet
GMC Loo 20 square
feet
Pontiac Loo 20 square
feet
Service 10 sq
uare feet
Service 10 s
uare feet
North Elevation
DennyHecker's
40 square
feet
South Elevation
Cadillac Loo
20 square
feet
GMC Loo 20 square
feet
Pontiac Loo 20 square
feet
Total Building Wall Signage
220 square
feet
Page 60 of 118 7
Pylon, Monument, and Directional Signage
Proposed
Location Sin
Area
SE Lot Corner Pylon Sin 20 feet
150 square
feet
NE Lot Corner Monument Sin 8 feet
120 s
uare feet
Memorial Ave No Entrance Directional Sin 4 feet)
70 square
feet
Morning Dove Entrance Directional Sin (4_feet)
70 square
feet
Total Freestanding Signage
410 s
uare feet
TOTAL SITE SIGNAGE PROPOSED
630 s
uare feet
Allowable total sign site signage is 300 square feet total for properties in the B-3 District.
The sign provisions of the Zoning Ordinance allows a total of two wall signs with each
sign placed on a separate building fagade. One freestanding sign with 100 square feet
and a height of 20 feet and two additional monument signs that do not extend eight feet
in height are also allowed. All freestanding signs must be surrounded by a landscaped
planter at least three feet in height or appropriate plantings around the sign must be
provided. The proposed signs on the building and the freestanding signs are exceeding
both the number and area allowed within the Zoning Ordinance. The applicant has
applied for a sign variance to allow the proposed signs indicated in the included plans.
Section 401.15.G.16 reviews the following conditions for sign variances:
The particular physical surrounding, shape, or topographical conditions of the
specific parcel of land involved exist.
The parcel is not visible from Highway 36 and future commercial development
will block views into the site from Highway 5.
2. That the condition involved is unique to the particular parcel of land involved.
The signs requiring the variance are specific only to an auto dealer to easily
direct customer traffic to the building and within the dealership property.
3. That the purpose of the variation is not based exclusively upon a desire to
increase the value of income potential of the business involved.
The purpose of the signs is to advertise the business, but many of the signs are
directional to show where cars are for sale, where parts are for sale or where
cars are serviced.
4. That the alleged difficulty or hardship is caused by this Ordinance and has not
been created by any persons presently having an interest in the parcel.
The large car dealership will require more signage to identify merchandise and to
ensure movement can happen on site without confusion or congestion.
Page 61 of 118
5. That the granting of the variation will not be detrimental to the public welfare or
injurious to other land or improvements in the neighborhood.
The signs are for the sole use of the property, since they are attached to a
building set back a large distance from residential use they should in no way be
detrimental to the surrounding areas.
6. That the proposed variation will not impair an adequate supply of light and air to
adjacent property, or substantially increase the congestion of the public streets or
interfere with the function of the Police and Fire Departments of the City.
The signs will be attached flush against the building, therefore, they should not
interfere with any ground movement nor impair supply of light or air from other
properties. The freestanding signs are adequately setback from rights-of-way.
The Planning Commission and City Council shall review the conditions and determine if
the number of signs and overall footage is appropriate.
The request by the applicant does not differ greatly from allowances granted to other
automotive dealerships in the City. The wall signage is conservative in size and much
of the message is informational or directional. Other than the pylon sign, the
freestanding signs are within size limits and provide more directional than advertising
messages. Due to the restricted views that the dealership will have once the area is
developed, a sign variance is warranted for what has been requested.
Trash Enclosures. One trash enclosure is indicated in the parking lot, south of the
dealership building. A plan indicating the structure and building materials has been
provided to the City for review and approval. The trash enclosure could be better
screened with additional landscaping.
Flag Pole. A flag pole location is shown on the site plan. The applicant shall provide
the proposed size of the flag and indicate how the flag will be lit and raised and lowered.
Outdoor Paging Systems. Under the noise provisions of the Zoning Ordinance, use of
outdoor paging systems will not be allowed on site. All noise created from operations
on site shall be in conformance with Section 401.15.6.11 of the Zoning Ordinance.
Automotive Repair Activities. Vehicle repair activities shall be limited to within the
principal structure and the doors to the service bays shall be left closed except for
vehicles moving in and out of the service areas. Additionally, there will be no exterior
storage of automobile parts or related items on site.
CUP Review Criteria. The Conditional Use Permit criteria for open and outdoor sale of
vehicles are listed below with the review of each:
1. Outside sales areas are landscaped and fenced or screened from view of
neighboring residential uses or abutting residential districts.
Page 62 of 118 9
There are no neighboring residential uses or abutting residential districts to be
considered in this area. The loading dock area will need to be more fully
screened from view of adjacent right-of-way.
2. All lighting shall be hooded and so directed that the light source shall not be
visible from the public right-of-way or from neighboring residences.
A revised photometric plan shall be submitted to ensure that foot candles do not
exceed the requirements set forth by the ordinance. Proposed light fixtures are
hooded at 90 degrees. Flood lighting of the front fagade will not be allowed.
3. Areas are asphalt or concrete surfaced.
Submitted plans show area to be surfaced with concrete curb around the parking
area. A ground area labeled for vehicle display will not be allowed for parking of
vehicles.
4. Adequate analysis and provisions are made to resolve issues related to demand
for services. No use shall be allowed that will exceed the City's ability to provide
utility, police, fire, administrative or other services to the site:
The use will not exceed the City's ability to provide services.
5. The provisions of Section 401.03.A.7 of the Ordinance are considered and
satisfactorily met.
The proposed use follows the current use of the site; therefore, is an appropriate
use provided that conditions of approval are met.
Development Agreement. A development agreement will be required for the
subdivision and roadway impact issues. The agreement shall be subject to review and
approval of the City Attorney.
CONCLUSION/RECOMMENDATION
The new automobile dealership at the corner of 58th Street North and Morning Dove
Avenue is an appropriate use and is allowed as a conditional use permit in the B-3
District. Staff recommends approval of the Comprehensive Plan amendment and
zoning district amendment for the 7.66 acres that will be platted as an outlot and will not
be part of the dealership. Staff further recommends the conditional use permit, sign
variance, subdivision replatting, vacation of existing platted utility and drainage
easements, and site plan/Design Guidelines review for the auto dealership with the
following conditions:
Page 63 of 118 10
I . The City shall require a redevelopment plan, demolition plan, or plan to bring the
existing dealership properties at 14738 60th Street North and 14702 60th Street
North compliant with all conditional use permit conditions previously approved by
the City Council. The plans shall indicate a timeline for redevelopment,
demolition or compliance, and shall be submitted no later than January 30, 2008.
Said plans shall be subject to review and approval of the City Council and City
staff.
2. All existing utility and drainage easements on Lots 5, 6 and 7, Block 1, Kern
Center 2" Addition; Lot 1, Block 2, Kern Center and on Lot 2, Block 1 Oak Park
Station shall be vacated subject to review and approval of the City Engineer and
City Attorney.
3. All required utility and drainage easements created by the Oak Park Station shall
be rededicated on the new plat of Jacob Third Addition subject to review and
approval of the City Engineer and City Attorney.
4. All City Engineer recommendations for roadway, traffic, and access
improvements, as outlined in the July 3, 2007 letter, shall be implemented by the
applicant.
5. The applicant shall receive approvals, as required from Mn/DOT, for setbacks,
modifications to 581h Street, and signals at 58`h Street and Highway 5, as outlined
in the July 3, 2007 letter from the City Engineer.
6. The Planning Commission and City Council should comment on the preferred
location of trails on 58th Street and Memorial Avenue.
7. The grading, drainage and erosion control plan are subject to review and
approval by the City Engineer and Browns Creek Watershed District.
8. The submitted utility plan is subject to review and approval by the City Engineer.
9. Customer parking stalls shall be appropriately signed.
10. No vehicle parking shall be allowed outside of the paved parking areas or five
designated and paved display pads on site.
11. All drive aisles shall be at least 22 feet in width or subject to review and approval
of the City Engineer.
12. The landscape plan shall be subject to review and approval of the City Arborist.
13. Building materials and color samples shall be provided for Planning Commission
and City Council review and approval.
Il
Page 64 of 118
14. All parking lot lighting shall be full cut off, shoe box style fixtures that do not
exceed 25 feet from ground level to the top of the fixture.
15. All building lighting shall be full cut off, shoe box fixtures. There shall be no flood
lighting of building facades.
16. A revised light plan with photometrics shall be submitted meeting all Zoning
Ordinance light intensity requirements subject to review and approval of City
staff.
17. All outdoor lighting for parking lots shall be turned off one hour after store closing,
except for security lighting. The applicant shall provide a plan, subject to
approval of City staff for lighting shut off.
18. The trash enclosure shall be provided with additional screening landscaping,
subject to review and approval of the City Arborist.
19. The applicant shall provide details on the size of the flag and how the flag will be
lit, and raised and lowered.
20. All automobile repair activities shall be limited to within the principal structure and
the doors to the service bays shall be kept closed except when vehicles are
being moved in or out of service areas.
21. There shall be no exterior storage of automobile parts or related items on the
site. All parts storage shall be internal to the building.
22. All noise created from operations on the site shall be in conformance with
Section 401.15.B.11 of the Zoning Ordinance.
23. An outdoor paging system shall not be allowed.
24. The applicant shall receive and retain, if required, a Hazardous Waste
Generators License from Washington County for the automobile dealer/service
operation.
25. A condition of this approval is that the applicant enter into a development
agreement, as prepared by the City Attorney and approved by the City
Administrator, containing provisions including, but not limited to, the construction
and placement of financial security for site improvements, payment of applicable
City connection fees, placement of financial security and requirements for
extension and/or construction of City roadways, utilities for the site and related
water, sanitary sewer and storm sewer improvements.
Page 65 of 118 12
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 JERDEN LLC FOR A COMPREHENSIVE PLAN
AMENDMENT, ZONING DISTRICT AMENDMENT, CONDITIONAL USE
PERMIT, SIGN VARIANCE, SUBDIVISION REPLATTING, VACATION
OF EXISTING UTILITY AND DRAINAGE EASEMENTS, AND SITE
PLAN/DESIGN GUIDELINES REVIEW TO ALLOW FOR THE
DEVELOPMENT OF A NEW AUTOMOBILE DEALERSHIP AT THE
CORNER OF 58""' STREET AND MORNING DOVE AVENUE
SHOULD BE APPROVED WITH CONDITIONS
WHEREAS, the City of Oak Park Heights has received a request from laden
LLC for a Comprehensive Plan amendment, zoning district amendment, conditional use permit,
sign variance, subdivision replatting, vacation of existing platted utility and drainage easements,
and site plan/Design Guidelines review to allow for the development of a new automobile
dealership at the corner of 58"' Street and Morning Dove Avenue; 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:
and
City:
SEE ATTACHMENT B
The applicant has specifically requested the following actions from the
a. A Comprehensive Plan Land Use Map amendment to redesignate the area
to be described as Outlot A, JacobsThird Addition frorn Highway
Business to Commercial land use.
b. A rezoning of that area to be described as Outlot A, Jacobs Third Addition
from B-3, Highway Business and Warehouse to B-2, General Business
District.
Page 66 of 118
C. A conditional use permit to allow an auto dealership in the B-2, General
Business District.
d. A replatting of the area from Oak Park Station to Jacobs Third Addition.
e. A vacation of existing Utility and drainage casements on Lots 5, 6 and 7,
Block 1, Kern Center 2`1 Addition; Lot 1, Block 2, Kern Center; and on
Lot 2, Block 1, Oak Park Station.
f. A variance to exceed the allowable site signage to 630 square feet and the
number of allowable freestanding and wall signs.
g. Site plan and Design Guidelines review and approval.
4. City staff prepared a planning report dated July 5, 2007 reviewing the
requested actions; and
5. City staff recommended in the July 5, 2007 planning report that the
requests be approved with conditions; and
6. The Planning Con-imission held a public hearing at their July 12, 2007
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 Jerden LLC for a Comprehensive flan amendment, zoning
district amendment, conditional use permit, sign variance, subdivision replatting, vacation of
existing platted utility and drainage easements, and site plan/Design Guidelines review to allow
for the development of a new automobile dealership at the corner of 58`x' Street and Morning
Dove Avenue 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 findings:
Comprehensive Plan Amendment:
1. The site is provided significant visibility from Highway 5 and convenient access from
58`x' Street. The area to be redesignated is an appropriate area for development of general
commercial uses.
Page 67 of 118 2
2. The land use designation of commercial is consistent with the goals and policies of the
Comprehensive flan.
3. The commercial land use designation is compatible with the surrounding highway
business and warehouse uses of the area.
Zoning; Amendment:
I. The B-2, General Business District is compatible with the surrounding B-3, Highway
Business and Warehouse District uses.
2. An existing area of B-2, General Business District is found directly across Highway 5
from the area to be rezoned.
Variances:
Due to restricted views that the auto dealership will have once the area is developed, a
sign variance is warranted for what is requested.
2. The proposed wall signage is conservative in size and much of the message area is
informational or directional.
3. Other than the pylon sign, the freestanding signs are within allowable sign limits and
provide more directional than advertising messages.
And subject to the following; conditions:
1. The City shall require a redevelopment plan, demolition plan, or plan to bring the existing
dealership properties at 14738 60`x' Street North and 14702 60" Street North compliant
with all conditional use permit conditions previously approved by the City Council. The
plans shall indicate a timeline for redevelopment, demolition or compliance, and shall be
submitted no later than January 30, 2008. Said plans shall be subject to review and
approval of the City Council and City staff.
2. All existing utility and drainage easements on Lots 5, 6 and 7, Block 1, Kern Center 2"d
Addition; Lot 1, Block 2, Kern Center and on Lot 2, I3lock 1 Oak Park Station shall be
vacated subject to review and approval of the City Engineer and City Attorney.
3. All required utility and drainage easements created by the Oak Park Station shall be
rededicated on the new plat of Jacob Third Addition subject to review and approval of the
City Engineer and City Attorney.
4. All City Engineer recommendations for roadway, traffic, and access improvements, as
outlined in the July 3, 2007 letter, shall be implemented by the applicant.
5. The applicant shall receive approvals, as required from Mn/DOT, for setbacks,
modifications to 58"' Street, and signals at 58`x' Street and Highway 5, as outlined in the
July 3, 2007 letter from the City Engineer,
Page 68 of 118 3
6. The Planning Commission and City Council recommends that a trail be extended the full
length along 58`x' Street to Memorial Avenue in conjunction with the development of the
auto dealership.
7. The grading, drainage and erosion control plan are subject to review and approval by the
City Engineer and Browns Creek Watershed District.
8. The submitted utility plan is subject to review and approval by the City Engineer.
9. Customer parking stalls shall be appropriately signed.
10. No vehicle parking shall be allowed outside of the paved parking areas or five designated
and paved display pads on site.
11. All drive aisles shall be at least 22 feet in width or subject to review and approval of the
City Engineer.
12. The landscape plan shall be revised to address the comments of the May 30, 2007
landscape plan review subject to approval of the City Arborist.
13. The building materials and color samples provided by the applicant are favorable to the
Planning Commission.
14. All parking lot lighting shall be full cut off, shoe box style fixtures, with lenses that are
fully shielded and that do not exceed 25 feet from ground level to the top of the fixture.
15. All building lighting shall be full cut off, shoe box fixtures with lenses that are fully
shielded. There shall be no flood lighting of building facades.
16. A revised light plan with photometrics shall be submitted meeting all Zoning Ordinance
light intensity requirements subject to review and approval of City staff.
17. All outdoor lighting for parking lots shall be turned off one hour after store closing,
except for security lighting. The applicant shall provide a plan, subject to approval of
City staff for lighting shut off.
18. The trash enclosure shall be provided with additional screening landscaping, subject to
review and approval of the City Arborist,
19. The applicant shall provide details on how the flag will be lit, and raised and lowered.
20. All automobile repair activities shall be limited to within the principal structure and the
doors to the service bays and car wash shall be kept closed except when vehicles are
being moved in or out of service areas.
21. There shall be no exterior storage of automobile parts or related items on the site. All
parts storage shall be internal to the building.
Page 69 of 118 4
22. All noise created from operations on the site shall be in conformance with Section
401.15.13.11 of the Zoning Ordinance.
2.3. An outdoor paging system shall not be allowed.
24. `l'he applicant shall receive and retain, if required, a Hazardous Waste Generators License
from Washington County for the automobile dealer/service operation.
25. All signs shall include illumination of only the text and logo portion of the messages.
26. Signage shall be limited to a total of 10 wall signs and four freestanding signs not to
exceed a total of 630 square feet of sign area.
27. A condition of this approval is that the applicant enter into a development agreement:, as
prepared by the City Attorney and approved by the City Administrator, containing
provisions including, but not limited to, the construction and placement of financial
security for site improvements, payment of applicable City connection fees, placement of
financial security and requirements for extension and/or construction of City roadways,
utilities for the site and related water, sanitary sewer and storm sewer improvements.
Recommended by the Planning Commission of the City of Oak Park Heights this 12°i day
of July 2007.
Michael Lillegren, Chair
ATTEST:
Eric A. Johnson, City Administrator
Page 70 of 118 5
Attachment A
Washington County GEO Code: 06.29.20.13.0012
Legal Description: Lot 2, Block 1, Oak Park Station
Address: Physical Address Not Yet Assigned
Location: S. of 58th St. N. and E. of Memorial Ave. N.
Page 71 of 118
ATTACHMENT B
Comprehensive Plan Amendment, Zoning District Amendment,
Conditional Use Permit (CUP), Sign Variance, Subdivision Re -platting,
Utility & Drainage Easement Vacation, and Site Plan/Design Guidelines Review
Jerden LLC — Stillwater Cadillac Automotive Dealership
Application Materials
• Application Form
• Fees
• Plan Sets (3 Large Scale Sets120 11 X17 Sets)
• Written Narrative and Graphic Materials Explaining Proposal
• Mailing List from Washington County (500' from subject property)
• Proof of Ownership or Authorization to Proceed
• Property Tax Statement(s)/Legal Description(s)
Conference With City Staff Upon Application Submittal: June 13 and 27, 2007
Planning Commission Public Hearing & Recommendation: July 12, 2007
Required Approvals:
Planning Commission 315
City Council 415
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)
Variance — Lapse of Approval:
Unless the City Council specifically approves a different time when action is officially
taken on the request, the variance 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 this variance. The property owner shall have the right to submit an application to
extend the approval of a variance to the Zoning Administrator not less than thirty (30)
days before the expiration of said approval. (401.4.0 .1 — 401.4.C.2)
Page 72 of 118
RESOLUTION NO.
CITY COUNCIL
CITY OF OAK PARD HEIGHTS
WASHINGTON TON COUNTY, MINNESOTA
A RESOLUTION ESTABLISHING FINDINGS OF FACT AND
RESOLUTION OF THE CITY COUNCIL THAT THE
BE APPROVED WITH CONDITIONS
WHEREAS, the City of Oak Park Heights has received a request from Jerden
LLC for a Comprehensive Plan amendment, zoning district amendment, conditional use permit,
sign variance, subdivision replatting, vacation of existing platted utility and drainage easements,
and site plan/Design Guidelines review to allow for the development of a new automobile
dealership at the corner of 58`1' Street and Morning Dove Avenue; and after having conducted a
public hearing relative thereto, the Planning Commission of Oak Park Heights recommended that
the application be approved with conditions. The City Council of 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:
and
City:
SEE AT'TACHMEN`T` B
3. The applicant has specifically requested the following actions from the
a. A Comprehensive Plan Land Use Map amendment to redesignate the area
to be described as Outlet A, Jacobs Third Addition from Highway
Business to Commercial land use.
Page 73 of 118
b. A rezoning of that area to be described as Outlot A, Jacobs Third Addition
from B-3, highway Business and Warehouse to B-2, General Business
District.
c. A conditional use permit to allow an auto dealership in the B-2, General
Business District.
d. A replatting of the area from Oak Park Station to Jacobs Third Addition.
C. A vacation of existing utility and drainage easements on Lots 5, 6 and 7,
Block 1, Kern Center 2"d Addition; Lot 1, Block 2, Kern Center; and on
Lot 2, Block 1, Oak Park Station.
f A variance to exceed the allowable site signage to 630 square feet and the
number of allowable freestanding and wall signs.
g. Site plan and Design Guidelines review and approval.
4. City staff prepared a planning report dated July 5, 2007 reviewing the
requested actions; and
5. City staff recommended in the July 5, 2007 planning report that the
requests be approved with conditions; and
6. The Planning Commission held a. public hearing at their July 12, 2007
meeting, took comments from the applicants and public, closed the public hearing, and
recommended that the application be approved with conditions.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL FOR
THE CITY OF OAK PARK HEIGHTS THAT THE CI'T'Y COUNCIL APPROVES THE
i7C1J�s1]���►Zi
A. The application submitted by Jerden LLC for a Comprehensive flan amendment, zoning;
district amendment, conditional use permit, sign variance, subdivision replatting, vacation of
existing platted utility and drainage easements, and site plan/Design Guidelines review to allow
for the development of a new automobile dealership at the corner of 58"' Street and Morning
Dove Avenue 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 findings:
Page 74 of 118
Comprehensive Plan Amendment:
1. The site is provided significant visibility from Highway 5 and convenient access from
58`� Street. The area to be redesignated is an appropriate area for development of general
commercial uses.
2. The land use designation of commercial is consistent with the goals and policies of the
Comprehensive Ilan.
3. The commercial land use designation is compatible with the surrounding highway
business and warehouse uses of the area.
Zoning Amendment:
1. The B-2, General Business District is compatible with the surrounding B-3, Highway
Business and Warehouse District uses.
2. An existing area of B-2, General Business District is found directly across Highway 5
from the area to be rezoned.
Variances:
1. Due to restricted views that the auto dealership will have once the area is developed, a
sign variance is warranted for what is requested.
2. The proposed wall signage is conservative in size and much of the message area is
informational or directional.
3. Other than the pylon sign, the freestanding signs are within allowable sign limits and
provide more directional than advertising messages,
And subject to the following conditions:
1. The City shall require the submission of a redevelopment plan for the existing dealership
properties at 14738 60"' Street North and 14702 60`t' Street North. The plans shall also
indicate a timeline for redevelopment and shall be submitted not later than January 30,
2008. Said plans shall be subject to review and approval of the City Council and City
staff. The City may withhold occupancy permits on the Applicant's other structures until
such time that a. reasonable redevelopment plan is submitted. Should any redevelopment
or reuse of the sites not include a demolition of the current structure or other material
alterations, such sites shall be required to be brought into compliance for all curbing,
drainages, sidewalks and setbacks not later than Jan 30`t', 2008.
Page 75 of 118 3
2. The sites located at 14738 60`1' Street North and 14702 60th Street North and the adjacent
properties utilized as ancillary to these properties, shall forfeit any current authorities to
continue the use of the property for auto sales or other uses that require a Conditional Use
Permit. All subsequent uses must be compliant with the current City zoning of such
properties, B-2 and R -B as shown on the City's Zoning Map.
3. All existing utility and drainage casements on Lots 5, 6 and 7, Block 1, Kern Center 2" `1
Addition; Lot 1, Block 2, Kern Center and on Lot 2, Block 1 Oak Park Station shall be
vacated subject to review and approval of the City Engineer and City Attorney.
4. All required utility and drainage easements created by the Oak Park Station shall be
rededicated on the new plat of Jacob Third Addition subject to review and approval of the
City Engineer and City Attorney.
5. All City Engineer recommendations for roadway, traffic, and access improvements, as
outlined in the July 3, 2007 letter, shall be implemented by the applicant.
6. The applicant shall receive approvals, as required from Mn/DOT, for setbacks,
modifications to 58`' Street, and signals at 58t11 Street and Highway 5, as outlined in the
July 3, 2007 letter from the City Engineer.
7. The Planning Commission and City Council recommends that a trail be extended the full
length along 58th Street to Memorial Avenue in conjunction with the development of the
auto dealership.
8. The grading, drainage and erosion control plan are subject to review and approval by the
City Engineer and }gowns Creek Watershed District.
9. The submitted utility plan is subject to review and approval by the City Engineer.
10. Customer parking stalls shall be appropriately signed.
11. No vehicle parking shall be allowed outside of the paved parking areas or five designated
and paved display pads on site.
12. All drive aisles shall be at least 22 feet in width or subject to review and approval of the
City Engineer.
13. The landscape plan shall be revised to address the comments of the May 30, 2007
landscape plan review subject to approval of the City Arborist.
14. The building materials and color samples provided by the applicant are favorable to the
Planning Commission and City Council.
15. All parking lot lighting shall be full cut off, shoe box style fixtures, with lenses that are
fully shielded and that do not exceed 25 feet from ground level to the top of the fixture.
Page 76 of 118 4
16. All building lighting shall be full cut off, shoe box fixtures with lenses that are fully
shielded. There shall be no flood lighting of building facades.
17. A revised light plan with photometrics shall be submitted meeting all Zoning Ordinance
light intensity requirements subject to review and approval of City staff.
18. All outdoor lighting for parking lots shall be turned off one hour after store closing,
except for security lighting. The applicant shall provide a plan, subject to approval of
City staff for lighting shut off.
19. The trash enclosure shall be provided with additional screening landscaping, subject to
review and approval of the City Arborist.
20. The applicant shall provide details on how the flag will be lit, and raised and lowered.
2.1. All automobile repair activities shall be limited to within the principal structure and the
doors to the service bays and car wash shall be kept closed except when vehicles are
being moved in or out of service areas.
22. There shall be no exterior storage of automobile parts or related items on the site. All
parts storage shall be internal to the building.
23. All noise created from operations on the site shall be in conformance with Section
401.15.13.11 of the Zoning Ordinance.
24. An outdoor paging system shall not be allowed.
25. The applicant shall receive and retain, if required, a Hazardous Waste Generators License
from Washington County for the automobile dealer/service operation.
26. All signs shall include illumination of only the text and logo portion of the messages.
27. Signage shall be limited to a total of 10 wall signs and four freestanding signs not to
exceed a total of 630 square feet of sign area.
28. A condition of this approval is that the applicant enter into a development agreement, as
prepared by the City Attorney and approved by the City Administrator, containing
provisions including, but not limited to, the construction and placement of financial
security for site improvements, payment of applicable City connection fees, placement of
financial security and requirements for extension and/or construction of City roadways,
utilities for the site and related water, sanitary sewer and storm sewer improvements.
Approved by the City Council of the City of Oak Park Heights this 201 day of July 2007.
Page 77 of 118 5
David Beaudet, Mayor
ATTEST:
Eric A. Johnson, City Administrator
Page 78 of 118
Attachment A
Washington County GEO Code: 00.29.20.13.0012
Legal Description: Lot 2, Block 1, Oak Park Station
Address: Physical Address Not Yet Assigned
Location: S, of 58Th St. N. and E. of Memorial Ave. N.
Page 79 of 118
ATTACHMENT B
. 4
Comprehensive Plan Amendment, Zoning District Amendment,
Conditional Use Permit (CUP), Sign Variance, Subdivision Re -platting,
Utility & Drainage Easement Vacation, and Site Plan/Design Guidelines Review
Jerden LLC -- Stillwater Cadillac Automotive Dealership
Application Materials
• Application Form
• Fees
• Plan Sets (3 Large Scale Sets120 11X17 Sets)
• Written Narrative and Graphic Materials Explaining Proposal
• Mailing List from Washington County (500' from subject property)
• Proof of Ownership or Authorization to Proceed
• Property Tax Statement(s)/Legal Description(s)
Conference With City Staff Upon Application Submittal: June 13 and 27, 2007
Planning Commission Public Hearing & Recommendation: July 12, 2007
Required Approvals:
Planning Commission 315
City Council 415
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)
Variance — Lapse of Approval:
Unless the City Council specifically approves a different time when action is officially
taken on the request, the variance 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 this variance. The property owner shall have the right to submit an application to
extend the approval of a variance to the Zoning Administrator not less than thirty (30)
days before the expiration of said approval. (401.4.0 .1 — 401.4.C.2)
Page 80 of 118
p
Oak Park Heights
Request for Council Action
Meeting Date Julv 24th, 2007
Time Required: 3 Minutes
Agenda Item Title: ._..Approve the 2008-2010 Teamsters Supervisor's Unit
Contract and the 2008-2010 Teamsters Police Department Contract
Agenda Placement New
Originating Department/
Requester's Signature
Action Requested
Background/ Justification (Pl(
if other public bodies have ad
A
is
(`t
indicate if any previous action has been taken or
i):
Enclosed are the red -lined versions of the above two proposed contracts that demonstrate the proposed
revisions. The primary aspects of both revised contracts is that they each run for three years and in
each year grant a 3% increase in wages.
For the Police Department, there is an adjustment in the annual clothing allowance to $750.00 for
each year, as well as an additional provision for earning 1 hour compensatory time for each shift when
an officer actually acts as a Field Training Officer. The balance of the changes are language clean-up
and clarifications.
For the Supervisor's Unit, there is also an adjustment for a clothing allowance, slightly higher than
the Police Department's.
At this time I am recommending that the City Council approve the three-year contract
agreement with the above two parties, incorporating the proposed amendments, subject to the
final review and approval by the City Attorney's Office.
Page 81 of 118
between
CITY OF OAK PARK HEIGHTS
and
MINNESOTA TEAMSTERS
PUBLIC AND LAVA ENFORCEMENT
EMPLOYEES' UNION,
LOCAL #320
Representing: Supervisors' Unit
Effective January 1, 20085 through December 31, 201007
Page 82 of 118
TABLE OF CONTENTS
ARTICLE
PAGE
I
PURPOSE OF AGREEMENT' ................................
1
11
RECOGNI`T'ION...........................................
I
Ill
DEFINITIONS............................................1
IV
EMPLOYER AUTHORITY ..................................
2
V
UNION SECURITY ........................................
2
VI
EMPLOYEE RIGHTS - GRIEVANCE PROCEDURE .............
3
VIl
SAVINGS CLAUSE ........................................
5
Vlll
DISCIPLINE ..............................................
5
IX
CONSTITUTIONAL PROTECTION ...........................
6
X
SALARIES ................................................
6
XT
WORK SCHEDULE .........................................
6
Xll
COMPENSATORY TIME ....................................
6
XIII
OVI::RTIME...............................................
6
X1V
CALLBACK ..............................................
7
XV
SHIFT DIFFERENTIAL PREMIUM - SERGEAN'T'S ..............
7
XVI
SICK LEAVE. I I I I I. I I I .................
7
XVII
.JURY DUTY ..............................................
8
XVIII
COURT "TIME .............................................
8
XIX
BEREAVEMENT PAY ......................................
8
XX
SEVERANCE PAY .........................................
8
XXI
LEAVE WITHOUT PAY .....................................
8
XXII
PROFESSIONAL DEVELOPMENT ............................
9
XXIII
HOLIDAYS ...............................................
9
XXIV
VACATIONS .............................................
10
XXV
HEALTH INSURANCE .....................................
10
XXVI
DENTAL INSURANCE .....................................
10
XXV11
ON TIIE JOB INJURY ......................................
10
XXv11T
FAMILY AND MEDICAL LEAVE ACT ........................
11
XXIX
EXTRA VACATION DAY ...................................
I I
XXX
CLOTHING ALLOWANCE ..................................
I 1
XXXI
INCENTIVE PAY ..........................................
12
XXXII
ADDITIONAL INCENTIVE.. . ...............................
13
XXXT11
SAFETY ..................................................
13
XXXIV
WAIVER .................................................
13
XXXV
FALSE ARREST" INSURANCE ...............................
13
XXXVI
TEAMLEGAL DEFENSE PIAN ..............................
14
XXXVII
PEACE OFFICER STANDARD TRAINING (P.O.S.T.) ............
14
XXXVIII
MAINTENANCE OF BENEFITS ..............................
14
XXX1X
DURATION ...............................................
14
APPENDIX A - SALARY SCHEDULE ...................
15
Page 83 of 118
LABOR AGREEMENT
between
CITY OF OAK PARK HEIGHTS
and
MINNESOTA TEAMSTERS PUBLIC AND LAW ENFORCEMENT
EMPLOYEES' UNION, LOCAL NO. 320
This Agreement is made and entered into between the City of Oak Park Heights, hereinafter
referred to as the EMPLOYER, and Minnesota Teamsters Public and Law Enforcement
Employees' Union, Local No. 320, hereinafter referred to as the UNION. The parties hereto
agree as follows:
It is the intent and purpose of this Agreement to:
1.1 Establish procedures for the resolutions of disputes regarding the interpretation and/or
application of the provisions set forth in this Agreement; and
1.2 Express in written form an agreement between the parties on terms and conditions of
employment for the duration of this Agreement.
ARTICLE II. RECOGNITION
2.1 The Employer recognizes the Union as the exclusive representative, under Minnesota
State Statutes §179A.03, Subd. 17 for all supervisory personnel as follows:
POLICE CHIEF
DEPUTY CLERKIFINANCE DIRECTOR
PUBLIC WORKS DIRECTOR
SERGEANT
COMMUNITY DEVELOPMENT DIRECTOR
2.2 In the event the Employer and the Union are unable to agree as to the inclusion or
exclusion of a new or modified job class the issue shall be submitted to the Bureau of
Mediation Services for determination.
ARTICLE Ili. DEFINITIONS
3.1 UNION: MN Teamsters Public and Law Enforcement Employees' Union, Local No. 320.
3.2 UNION MEMBER: A member of the Minnesota Teamsters Public and Law Enforcement
Employees' Union, Local No. 320.
3.3 EMPLOYEE: A member of the exclusively recognized bargaining unit.
Page 84 of 118
3.4 EMPLOYER: The City of Oak Park Heights.
3,5 UNION OFFICER: Officer elected or appointed by the Minnesota Teamsters Public and
Law Enforcement Employees' Union, Local No. 320.
3.6 PROBATIONARY PERIOD: Newly hired employees shall serve a probationary period of
one year (12 months) from the date of hire. Probationary employees may be terminated
at the sole discretion of the Employer.
3.7 OVERTIME: Work performed at the express authorization of the Employer in excess of
the employee's scheduled shift.
3.8 REST BREAK: Two (2) fifteen (15) minute periods during the eight (8) hour work day.
3.9 LUNCH BREAK:A thirty -minute period during the eight (8) hour work day,
3.10 BASE PAY RATE: That wage rate paid to the employee exclusive of such payments
as overtime, longevity, educational incentive, or other fringe benefits or premium
payments.
3.11 DIVISION HEADS: Police Sergeants.
ARTICLE IV. EMPLOYER AUTHORITY
4.1 The Employer retains the full and unrestricted right to operate and manage all personnel,
facilities and equipment, to establish functions and programs, to set and amend budgets,
to determine the utilization of technology, to establish and modify the organizational
structure, to select, direct and determine the number of personnel, to establish work
schedules and to perform any inherent managerial functions not specifically limited by
this Agreement.
4.2 Any term and condition of employment not specifically established or modified by this
Agreement shall remain solely within the discretion of the Employer to modify, establish
or eliminate.
ARTICLE V. UNION SECURITY
5.1 The Employer shall deduct from the wages of employees, who authorize such deduction
in writing, an amount necessary to cover monthly Union dues or "fair share" deduction as
provided for by Minnesota State Statute §179A.06, Subd. 3, if the employee elects not to
become a member of the Union. Such monies shall be remitted as directed by the Union.
5.2 The Union may designate employees from the bargaining unit to act as Steward and shall
inform the Employer, in writing, of such choice and changes in the position of Steward.
5.3 The Employer shall make space available on the Employee bulletin boards for posting
Union notice(s) and announcement(s).
5.4 Union Steward: The Employer agrees that the Employee designated steward under Article
Page 85 of 118 Page -2-
6.2 of this Agreement shall be allowed a reasonable amount of duty time annually to
attend to Union matters as designated by the Union in addition to the other Steward
activities as provided for in this Agreement.
5.5 Identify Business Agent: The Union shall have right to enter the facilities of the Employer
so long as said visits do not interfere with the job duties and responsibilities of an
Employee.
5.6 The Union agrees to indemnify and hold the Employer harmless against any and all
claims, suits, orders or judgments brought or issued against the Employer as a result of
any action taken or not taken by the Employer under the provisions of this Article.
ARTICLE VI. EMPLOYEE RIGHTS — GRIEVANCE PROCEDURE
6.1 DEFINITION OF A GRIEVANCE: A grievance is defined as a dispute or disagreement as
to the interpretation or application of the specific terms and conditions of this Agreement.
6.2 UNION REPRESENTATIVES: The Employer will recognize representatives designated by
the union as the grievance representatives of the bargaining unit having duties and
responsibilities established by this Article. The Union shall notify the Employer in writing
of the names of such Union representatives and of their successors when so designated
as provided by Section 6.2 of this Agreement.
6.3 PROCESSING OF A GRIEVANCE: It is recognized and accepted by the Union and the
Employer that the processing of grievances as hereinafter provided is limited by the job
duties and responsibilities of the Employee and shall, therefore, be accomplished during
working hours only when consistent with such Employee duties and responsibilities. The
aggrieved Employee and a Union representative shall be allowed a reasonable amount of
time without loss in pay when a grievance is investigated and presented to the Employer
during normal working hours, provided the Employee and the Union representative have
notified and received the approval of the designated supervisor who has determined that
such absence is reasonable and would not be detrimental to the work of the Employer.
6.4 PROCEDURE: Grievance, as defined in Section 6.1 shall be resolved in conformance
with the following procedure:
STEP 1. An Employee claiming a violation concerning the interpretation or application of
this Agreement shall, within twenty-one (21) calendar days after such alleged violation has
occurred, present such grievance to the employee's supervisor as designated by the
Employer. The Employer -designated representative will discuss and give an answer to
such Step 1 grievance within ten (10) calendar days after receipt. A grievance not
resolved in Step 1 and appealed to Step 2 shall be placed in writing setting forth the
nature of the grievance, the facts on which it is based, the provision or provisions
allegedly violated, the remedy requested and shall be appealed to Step 2 within ten (10)
calendar days after the Employer -designated representative's final answer in Step 1. Any
Page 86 of 118 Page -3-
grievance not appealed in writing to Step 2 by the Union within ten (10) calendar days
shall be considered waived.
STEP 2. If a grievance is not resolved at Step 1 of the grievance procedure, the parties,
by mutual agreement, may submit the matter to mediation with the Bureau of Mediation
Services. Submitting the grievance to mediation preserves timeliness for Step 3 of the
grievance procedure. Any grievance not appealed, in writing, to Step 3 by the Union
within ten (10) calendar days of mediation shall be considered waived.
STEP 3. Any grievance unresolved in Step 2 and appealed to Step 3 by the Union shall
be submitted to arbitration subject to the provisions of the Public Employment Labor
Relations Act of 1971 as amended. The selection of an arbitrator shall be made in
accordance with the rules governing the arbitration of grievances as established by the
Bureau of Mediation Services.
6.5 ARBITRATOR'S AUTHORITY
A. The arbitrator shall not have the right to amend, modify, nullify, ignore, add to or
subtract from the terms and conditions of this Agreement. The arbitrator shall
consider and decide only the specific issue or issues submitted in writing by the
Employer and the Union and shall have no authority to make a decision on any
other issue not so submitted.
B. The arbitrator shall be without power to make decisions contrary to, or inconsistent
with, or modifying, or varying in any way the application of laws, rules or
regulations having the force and effect of law. The arbitrator's decision shall be
submitted in writing thirty (30) days following the close of the hearing or the
submission of briefs by the parties, whichever be later, unless the parties agree to
an extension. The decision shall be binding on both the Employer and the Union
and shall be based solely on the Arbitrator's interpretation or application of the
express terms of the Agreement and to the facts of the grievance presented.
C. The fees and expenses for the arbitrator's services and proceedings shall be
borne equally by both the Employer and the Union, provided that each party shall
be responsible for compensating its own representatives and witnesses. If either
party desires a verbatim record of the proceedings, it may cause such a record to
be made providing it pays for the record. If both parties desire a verbatim record
of the proceedings, the costs shall be shared equally.
6.6 WAIVER: If a grievance is not presented within the time limits set forth above it shall be
considered waived. If a grievance is not appealed to the next step within the specified
time limit or any agreed extension thereof, it shall be considered settled on the basis of
the Employer's last answer. If the Employer does not answer a grievance or any appeal
thereof within the specified time limits the Union may elect to treat the grievance as
denied at that step and immediately appeal the grievance to the next step. The time limit
in each step may be extended by mutual written agreement of the Employer and the
Union in each step.
Page 87 of 118 Wage -4-
ARTICLE VII. SAVINGS CLAUSE
In the event any provision of this Agreement shall be held to be contrary to law by a court of
competent jurisdiction from whose final judgment or decree no appeal has been taken within the
time provided, such provisions shall be void. All other provisions of this Agreement shall
continue in full force and effect. The void or provision may be renegotiated at the written request
of either party.
ARTICLE Vill. DISCIPLINE
8.1 The Employer will discipline employees for just cause only. Discipline will be in one or
more of the following forms:
A.
Oral reprimand;
B.
Written reprimand;
C.
Suspension;
D.
Demotion; or
E.
Discharge.
8.2 Suspensions, demotions and discharges will be in written form.
8.3 Written reprimands, notices of suspension, and notices of discharge, which are to
become part of an employee's personnel file shall be read and acknowledged by
signature of the employee. The Employee and the Union will receive a copy of such
reprimand and/or notices.
8.4 Employees may examine their own individual personnel files at reasonable times under
direct supervision of the Employer.
8.5 Employees will not be questioned concerning an investigation of disciplinary action unless
the employee has had an opportunity to have a Union representative present at such
questioning.
8.6 Grievances relating to this Article shall be initiated by the Union in Step 2 of the
Grievance Procedure under Article Vl.
ARTICLE IX. CONSTITUTIONAL PROTECTION
Employees shall have the rights granted to all citizens by the United States and Minnesota State
Constitutions.
ARTICLE X. SALARIES
Employees shall be paid in accordance with
"Appendix A." The City reserves the right to
appropriate in the Salary Schedule.
the attached Salary Pay Schedules marked
place new hires where the market deems
Page 88 of 118 Page - 5 -
ARTICLE XI. WORK SCHEDULE
11.1 The normal work year is two thousand eighty (2,080) hours, to be accounted for by
each employee through:
A. Scheduled hours of work;
B. Assigned training;
C. Authorized leave time;
D. Holidays.
11.2 Holidays and authorized leave time are to be calculated on the basis of an eight (8) hour
work day.
11.3 Nothing contained in this or any other Article shall be interpreted to be a guarantee of a
minimum or maximum number of hours the Employer may assign employees.
ARTICLE XII. COMPENSATORY TIME
12.1 Employees will be entitled to take compensatory time for any hours worked in excess of
eight (8) hours per day, forty (40) hours per week, subject to the prior review and approval
of the City Administrator. Employees may annually accumulate a maximum of 40 total
hours of Compensatory Time. Compensatory time shall be taken in the calendar year
earned and shall not be carried over to the subsequent year. Compensatory time not
taken in the calendar year earned shall be cashed out at the end of the calendar year
earned.
12.2 Employees will not be entitled to overtime pay or call back pay.
ARTICLE XIII. OVERTIME
13.1 Division heads will be compensated at one and one-half (11/2) times the Division Heads'
regular base pay rate for hours worked in excess of the Division Heads' regularly
scheduled shift. Changes of shift do not qualify a Division Head for overtime under this
Article. Compensatory time may be taken, at the option of the Division Head, as payment
for overtime worked in lieu of money. Division Heads may cash out up to forty (40) hours
of compensatory time at the end of the calendar year. Compensatory time may not be
carried over from one calendar year to the next.
13.2 For the purpose of computing overtime compensation, overtime hours worked shall not
be pyramided, compounded or paid twice for the same hours worked.
13.3 Overtime will be calculated to the nearest fifteen (15) minutes.
13.4 Division Heads have an obligation to work overtime or call backs if requested by the
Employer unless unusual circumstances prevent the Division Head from so working.
Page 89 of 118 Page - 6 -
ARTICLE XIV. CALL BACK
A Division Head who is called back to duty during his/her scheduled off-duty time shall receive a
minimum of three (3) hours pay at one and one-half (1'/2) times the Division Heads' base rate of
pay. An extension or early report for a regularly scheduled shift for duty does not qualify the
Division Head for the three (3) hour minimum.
ARTICLE XV. SHIFT DIFFERENTIAL PREMIUM — SERGEANTS
The afternoon shift shall receive a one dollar and twenty-five cents ($1.25) shift differential, and
the evening shift shall receive a two dollars and ten cent ($2.10) per shift differential with no set
times being established for the commencement shifts.
ARTICLE XVI. SICK LEAVE
16.1 The Employer grants to each employee paid sick leave at the rate of one (1) day per
month for each month of employment or major fraction thereof.
16.2 Employees shall earn sick leave during their probationary period but shall not use sick
leave without the approval of the Employer.
16.3 The Employer may require a medical certificate for any sick leave absence exceeding
three (3) working days.
16.4 Each Employee shall be allowed a maximum accumulation of one hundred and forty-eight
(148) days of sick leave. After the maximum accumulation is reached, each employee
shall receive sick leave at the rate of one-half (3/z) day banked sick leave. Banked sick
leave shall be used only after all of the employee's accumulated sick leave is exhausted.
16.5 Sick leave shall be used normally for absences from duty because of personal illness or
legal quarantine of the employee or because of serious illness in the immediate family.
Immediate family shall mean brother, sister, parents, parents-in-law, spouse, or children of
the employee.
ARTICLE XVII. JURY DUTY
In the event an employee covered by this Agreement is called for jury duty, the employee shall
give the Employer any payment received less any meal or mileage allowance in exchange for full
wages from the Employer for any days the employee served on jury duty.
ARTICLE XVIII. COURT TIME
18.1 An employee who is required to appear in court during his/her scheduled off-duty time
shall receive a minimum of three (3) hours pay at one and one-half (11/2) times the
employee's base rate of pay. An extension or early report to a regularly scheduled shift
for duty does not qualify the employee for the three (3) hour minimum.
Page 90 of 118 Page - 7
18.2 If a court appearance is canceled with less than two (2) business days notice, the
employee shall receive two (2) hours pay at one and one-half (1'/2) times the employee's
base rate of pay.
18.3 If a court appearance is canceled with less than one (1) days notice, the employee shall
receive three (3) hours pay at one and one-half (1'/2) times the employee's base rate of
pay•
ARTICLE XIX. BEREAVEMENT PAY
When necessary, and upon approval by the Employer, up to five (5) days of sick leave with pay
will be granted in case of death in the family. The degree of relationship includes spouse,
parents, spouse's parents, children, brothers and sisters, brothers-in-law, sisters-in-law,
grandparents, grandchildren and stepchildren.
ARTICLE XX. SEVERANCE PAY
20.1 Upon retirement, being disabled so that employment must be terminated, or for
termination of employment for reasons other than for cause, permanent employees who
have completed ten (10) years of service with the City shall be entitled to 50% of the
unused sick leave as severance pay. The severance payment shall not exceed a
maximum of 75 days upon separation. In the case of employee's death, the beneficiaries
of the deceased employee shall be entitled to 100% of the severance pay the deceased
employee was entitled to at the date of his/her death.
20.2 Employees may opt to bank his/her severance to use as insurance premium on the City
insurance plan upon retirement up to the age of sixty-five (65) years old with the
remaining being paid out at that time.
ARTICLE XXI. LEAVE WITHOUT PAY
The City Manager may grant regular full-time employees a leave of absence without pay for a
period not to exceed ninety (90) days except that the City Administrator may extend such leave to
a maximum of one (1) year in a case of disability or extraordinary circumstances.
ARTICLE XXII. PROFESSIONAL DEVELOPMENT
22.1 The Employer will reimburse one hundred percent (100%) of the employee's cost for
tuition only for educational classes, subject to the following conditions:
A. Employee must have the approval of the City Administrator to take any classes;
B. Employees must present written proof through a report card or similar method that
they have passed the class;
C. Reimbursement will occur after the Employee has presented the proof of passing
Page 91 of 118 Page - 8 -
the class to the City Administrator;
D. Education must be job related.
22.2 Employees will be reimbursed for annual dues paid for memberships in up to five (5)
professional associations. Reimbursement for a new membership in a profession
association shall require prior approval of the City Administrator.
22.3 The Employer will also fund reasonable subscriptions and/or reference materials to
continue employee's development and their ability to perform their duty.
ARTICLE XXIIII. HOLIDAY'S
23.1 Employer grants to each employee twelve (12) paid holidays per year. Paid holidays
being as follows:
New Year's Day
Martin Luther King, Jr. Day
President's Day
Memorial Day
Independence Day
Veteran's Day
Labor Day
Thanksgiving Day
Day after Thanksgiving
Christmas Eve
Christmas Day
One (1) floating holiday (selected by the
employee and subject to the approval of
the City Administrator).
23.2 In the event it is determined that the Police Department employees are entitled to more
than twelve (12) paid holidays per year, pursuant to the wording of the existing contract,
the employees shall be entitled to the same number of paid holidays per year as the
Police Department employees.
23.3 A Division Head required to work on any holiday listed above shall receive an additional
one-half (9/) times pay for all hours worked on that shift in addition to regular pay and
holiday pay. For Division Heads Holiday a shall be calculated by. using the base
monthly pay rate base monthly qy divided 173 hours X 8 hours x 12 holida s .
ARTICLE XXIV. VACATIONS
24.1 The Employer grants to each employee paid vacation as per the following schedule:
0 through 5 years of service — 10 working days per year (516 days per month)
6 through 10 years of service — 15 working days per year (1'/ days per month)
11 through 15 years of service -- 20 working days per year (1 V3 days per month)
16 and over years of service —1 additional day per year to a maximum of twenty-five (25) days per year.
24.2 Employees shall earn vacation during their probationary period but shall not use vacation
leave without the approval of their employer.
24.3 Employees shall accrue vacation leave to a maximum of forty (40) working days.
Page 92 of 118 Page w 9
24.4 Vacation leave may be used as earned provided that the City Administrator shall approve
the requested time.
24.5 Any employee leaving City employment shall receive unused accumulated vacation leave
if said employee has given proper notice of fourteen (14) days.
24.6 In addition to the vacation set forth above, after two (2) years of service, permanent
employees shall be granted two (2) days personal leave with pay to take care of personal
business that can only be taken care of during normal working hours. Said leave will be
non -accumulative and subject to prior approval of the City Administrator.
ARTICLE XXV. HEALTH INSURANCE
25.1 E-ffective�-JaRUary 'l 2105-Tthe Eemployee shall contribute thirteen (13%) percent toward
the premium of Family Annual Health Insurance and eight (8%) percent toward the
premium of Single Annual Health Insurance. The Employer shall pay the balance of the
premium not paid by the employee.
25.2 -The-city-wild-ipleament-a-pr-ogram-_forR-est--R-etirer ent-Heaft4-nsurance--pursua f to
Minnesota �tatute.The Citv will maintain a Post Retirement Health Insurance Plan consistent
with State and Federal regulations. All costs and responsibilities associated with such plan
shall be paid in full by the Emplovees. At no time shall this plan and its benefits become the
financial responsibility of the Employer.
ARTICLE XXVI. DENTAL INSURANCE
The -E- ploy-e�hall-previde_ Dentaa--- Insurance .on -all em- pleye-es--and dependents--and_..shall--.pay
�0°/fl-e tlae prenalur-n---- Jan.uary._.1 2005--Tthe employee shall contribute
thirteen (13%) percent toward the premium of Family Annual Dental Insurance and eight (8%)
percent toward the premium of Single Annual Dental Insurance.
ARTICLE XXVII. ON THE JOB INJURY
If temporary or permanent employees are not able to satisfactorily perform the duties of their
position or such temporary duties as the Council may assign, due to bodily injuries incurred while
on active duty for the City, they will be entitled to full base pay, less compensation received from
any other source (including workers' compensation and/or disability insurance payments) made
available to the employee through a benefit provided all or in part of the City of Oak Park Heights,
according to the following schedule:
Up to twelve (12) months pay without loss to any accrued sick leave or vacation,
provided the injury is of the nature which is covered by workers' compensation.
Page 93 of 118 Page- 10 -
ARTICLE XXVIII. FAMILY AND MEDICAL LEAVE ACT
28.1 An employee must have been employed by the City for at least twelve (12) months and
have worked at least one thousand two hundred fifty (1,250) hours in the twelve (12)
months proceeding the commencement of the leave. An eligible employee is entitled to
twelve (12) weeks leave during any twelve (12) month period commencing with the first
date family or medical leave is taken for the following reasons:
A. Birth of a son or daughter or placement of a son or daughter for adoption or foster
care. Such leave may be taken within twelve (12) months after birth or
placement. There is no maximum age limit for adoption or foster care placement.
B. To care for a spouse, son, daughter or parent who has a serious health condition.
C. Because of the serious health condition making the employee unable to perform
the essential functions of their positions.
28.2 Thirty (30) days written notice is required if the leave is foreseeable, Health Insurance
coverage will be maintained at the same level and under the same terms as if the
employee continued working. Arrangement for payment of the employee's portion of the
premium must be made by the employee through the personnel office. Family and
medical leave may be taken in increments up to the full twelve (12) weeks and as small as
one (1) hour depending on the circumstances. Employees are eligible to draw down
accumulated sick leave and vacation leave while on FMLA leave. Therefore, FMLA leave
shall be without pay.
ARTICLE XXIX. EXTRA VACATION DAYS
Any Employee that maintains a sick leave balance of one hundred (100) days or above annually,
as of January 1st, shall receive two (2) additional days vacation to be used for that year after
January Vt.
ARTICLE XXX, CLOTHING AND MAINTENANCE ALLOWANCE
30.1 The Employer agrees to provide the employees with an annual clothing and maintenance
allowance on a voucher system as follows:
Chief of Police For the year 20085 - $87500 per year
For the year 20096 - $900€325 per year
For the year 20107 - $925850 per year
Sergeant For the year 20085 - $8257-50 per year
For the year 20096 - $850-7-75 per year
For the year 20107- - $875800 per year
Director of Public Works For the year 20086 - $675600 per year
Page 94 of 118 Page- I 1 -
For the year 20096 - $700625 per year
For the year 20107 - $725650 per year
Community Dev, Dir. For the year 20085 - $35027-5 per year
and For the year 20096 - $37500 per year
Finance Director For the year 201007 - $400325 per year
30.2 Clothing damaged in the line of duty to be replaced by the Employer with no cost to the
employee,
ARTICLE XXXI. INCENTIVE PAY
31.1 The Employer agrees to pay incentive pay based upon longevity as per the following:
Effective January 1, 1985
After four (4) years of service
After eight (8) years of service
After twelve (12) years of service
After sixteen (16) years of service
3% of base salary per month
5% of base salary per month
7% of base salary per month
9% of base salary per month
31.2 As an alternative to incentive pay based upon longevity and upon completion of six
months of employment, the Employer agrees to pay educational incentive pay as per the
following:
After one (1) year of post -high school education 2% of base salary per month
After two (2) years of post -high school education 4% of base salary per month
After three years of post -high school education 6% of base salary per month
After four years of post -high school education 8% of base salary per month
At such time as employee achieves fifty percent (50%) of the next year's goal, the
employee would be entitled to the next two percent (2%) of salary increase, i.e. the
employee achieves one and one-half (11/2) years of post -high school education and is
therefore entitled to four percent (4%) of the salary per month.
The Employer agrees to pay an additional two percent (2%) educational incentive pay
upon completion of six months of employment if the employee achieves one of the
following:
A. A Master's degree; graduation from the FBI Academy; obtaining a CPA or CIA
degree; a professional registered engineer.
B. Passing the qualifications for a wellness program as established by the City, which
would include weight charts, annual physicals, no smoking, periodic medical tests,
etc.
Page 95 of 118 Page- 12 -
31.3 If an employee elects to receive educational incentive pay as set forth above, the election
is irrevocable, and the employee would no longer be entitled to receive incentive pay
based upon longevity as set forth in 31.1 above,
ARTICLE XXXII. ADDITIONAL INCENTIVE
Employees who accept the additional duties of serving as Economic Development Director,
Housing Redevelopment Director, Civil Defense Director, City Clerk or City Engineer shall receive
an additional one and one-half percent (11/2%) up to one hundred dollars ($100.00) of the
employee's monthly salary, whichever is least.
ARTICLE XXXIII. SAFETY
The employee adheres to the principle that employees should work in a safe environment.
Accordingly, each employee has an obligation to observe safe working practices and to alert
his/her supervisor to the existence of specific safety hazards,
ARTICLE XXXIV. WAIVER
34.1 Any and all prior agreements, resolutions, practices, policies, rules and regulations
regarding terms and conditions of employment to the extent are inconsistent with the
Agreement are hereby superseded.
34.2 The parties mutually acknowledge that during the negotiations which resulted in this
Agreement, each had the unlimited right and opportunity to make demands and proposals
with respect to any term or condition of employment not removed by law from bargaining.
All agreements and understandings arrived at by the parties are set forth in writing in this
Agreement for the stipulated duration of this Agreement. The Employer and the Union
each voluntarily and unqualifiable waive the right to meet and negotiate regarding any and
all terms and conditions of employment referred to or covered in this Agreement or with
respect to any term or condition of employment not specifically referred to or covered by
this Agreement even though such terms and conditions may not have been within the
knowledge or contemplation of either or both parties at the time this Agreement was
negotiated or executed.
ARTICLE XXXV. FALSE ARREST INSURANCE
The Employer will provide and pay for false arrest insurance in a plan chosen and offered by the
Employer.
ARTICLE XXXVI. TEAMLEGAL DEFENSE PLAN
Page 96 of 118 Page- 13
The Employer will pay the cost of Teaml-egal Defense Plan. This cost is in the amount of eighty-
seven dollars ($87) per year.
ARTICLE XXXVII. PEACE OFFICER STANDARD TRAINING (P.O.S.T)
The Employer will pay the cost of the P.O.S.T. license.
ARTICLE XXXVIII. MAINTENANCE OF BENEFITS
Whenever conditions of employment are greater than those set forth in this Labor Agreement,
said conditions shall be maintained and there shall be no reduction in accrued benefits for
members covered by this Agreement.
ARTICLE XXXVII. DURATION
This Agreement shall be in effect from January 1, 20085 and shall remain in full force and effect
until the 31st day of December, 201007, or until a new contract is signed with the exclusive
representative of the City of Oak Park Heights.
FOR THE CITY OF OAK PARK HEIGHTS FOR TEAMSTERS LOCAL #320
City Administrator Business Agent
Steward
Steward
Page 97 of 118 'age- 14 -
Teamsters - Su ervisors
r'+ppendl;: 1 - Annual Base Sa?ariv8 2080-20'10
Chief of Police
Finance Director
Director of Puldic ',+darks
Cun1,n1trnity Development Director
Sergeants
Chief of Police
Finance Director
Director of PLjl)lic'Aorks
Con ITLINty Development Director
Sergeants
Chief of Police
Finance Director
Director of Public'dlorks
Community Development Director
Sergeants
This
Column for
`Reference '.
' The .Agreement Specifies a a% Ar111llal Salary Increase For Each of the Three Years,
Any calculOtion errors .,ill i%e adjusted to coP3p1y vJth srlch terns.
Page 98 of 118 Page- 15 -
2008
70%
aV-G
90'3Q
90°0
100{%O
$ 59,22S.43
S 67,590.78 $
76,152.12
a
84.613.47
$ 56,887.652
S ff-,014.42 $
73,14-1.23
S
S'I.2bS.03
56,W.62
565,0:114.42 S
73,141.13
$
81.2C) x.03,
56,W.152
$ 65,014.42 S
73:141.23
$
81.268.0'.
49,906.90
$ 57.036.46 .,
6�4,1Cie, 01
yi
71.295 57
' The .Agreement Specifies a a% Ar111llal Salary Increase For Each of the Three Years,
Any calculOtion errors .,ill i%e adjusted to coP3p1y vJth srlch terns.
Page 98 of 118 Page- 15 -
2409
7011/0
80'9^'
90°'G
90°0
1004m
$ 6',006.31
S69,721.50 $
781430.69
$
87.'1511.87
$ 58,594.25
566,964,86 5
75,335.46
$
83,706.07
$ 58,594,25
S 65,964.85 $
75,335.46
3
83,706.07
$ 58,594,25
$ 66,964.86 S
75.,335.46
3
83.706.07
$ 51,404.11
558,747.55 S
667O9MG
a
73.434.44
' The .Agreement Specifies a a% Ar111llal Salary Increase For Each of the Three Years,
Any calculOtion errors .,ill i%e adjusted to coP3p1y vJth srlch terns.
Page 98 of 118 Page- 15 -
2010
70%
80%
90°0
100%
$ 62,83(a.50
$ 71,813.14
5
80,789 78
S
89.766.43
$ 60,352.5`&
S 68,973.80
S
77.5ff.,53
$
86,217.25
$ 60,352.08
5 6E,973.80
S
77,5'15.53
$
86.217.25
$ 60,3510B
S 68,973,80
5
77,595.53
$
85=.217.25
$ 52,946.23
S 60,5CC).9R
5
68,073.73
$
75.c37.47
' The .Agreement Specifies a a% Ar111llal Salary Increase For Each of the Three Years,
Any calculOtion errors .,ill i%e adjusted to coP3p1y vJth srlch terns.
Page 98 of 118 Page- 15 -
Page 99 of 118
INDEX
ARTICLE
PAGE
PURPOSE OF AGREEMENT— ............................ .................................
1
11
RECOGNITION.......................................................................................1
IIIDEFINITIONS
..........................................................................................1
IV
EMPLOYER SECURITY.........................................................................
2
V
EMPLOYER AUTHORITY.......................................................................
3
VIUNION
SECURITY..................................................................................3
VII
EMPLOYEE RIGHTS - GRIEVANCE PROCEDURE.. ............................
3
VIII
SAVINGS CLAUSE.................................................................................5
IXSENIORITY
.............................................................................................6
XDISCIPLINE
............................................................................................6
XI
CONSTITUTIONAL PROTECTION........................................................7
XIl
WORK SCHEDULE...... ....................................... -- ................................
7
XIIIOVERTIME
..............................................................................................7
XIVCOURT
TIME..........................................................................................8
XVCALL
BACK ......................................... .............................................. ......
8
XVI
WORKING OUT OF CLASSIFICATION..................................................8
XVII
SALARY SCHEDULE..............................................................................8
XVIIIHOLIDAYS
..............................................................................................
8
XIXVACATIONS
............................................................................................
9
XXSICK
LEAVE...........................................................................................9
XXI
FALSE ARREST INSURANCE.............................................................10
XXII
HEALTH INSURANCE..........................................................................10
XXIIITRAINING
............................................................................................10
XXIV
CLOTHING ALLOWANCE....................................................................11
XXVSAFETY
............................................................................................11
XXVIUNION
MEETINGS...............................................................................11
XXVII
SEVERANCE PAY................................................................................11
XXVIII
INJURY ON DUTY................................................................................11
XXIXINCENTIVE
PAY...................................................................................12
XXX
EXTRA VACATION PAY.......................................................................13
XXXI
SHIFT DIFFERENTIAL PREMIUM........................................................13
XXXII
DENTAL INSURANCE. ....................................... ......... .......................
13
XXXIIIJURY
DUTY..........................................................................................13
XXXIVWAIVER
................................................................................................13
XXXV
MINNESOTA POST LICENCES...........................................................14
XXXVI
POST RETIREMENT HEALTH INSURANCE.................................14
XXXVIIDURATION
............................................................................................14
APPENDIX A-1......................................................................................15
APPENDIXA-2.....................:................................................................15
APPENDIXA-3......................................................................................
15
APPENDIXA-4......................................................................................15
APPENDIXB-1......................................................................................16
APPENDIXB-2......................................................................................18
Page 100 of 118
LABOR AGREEMENT
BETWEEN
THE CITY OF OAK PARK HEIGHTS
AND
MINNESOTA TEAMSTERS PUBLIC AND LAW ENFORCEMENT
EMPLOYEES UNION, LOCAL NO. 320
ARTICLE I. PURPOSE OF AGREEMENT
This agreement is entered into as of January 1, 20085, between the City of Oak Park
Heights, hereinafter called the Employer, and the Minnesota Teamsters Public and Law
Enforcement Employees Union, Local No. 320, hereinafter called the Union.
It is the intent and purpose of this Agreement to:
1.1 Assure sound and mutually beneficial working and economic relationships between
the parties hereto;
1.2 Establish procedures for the resolution of disputes concerning the agreement's
interpretation and/or application; and
1.3 Place in written form the parties' agreement upon terms and conditions of
employment for the duration of this Agreement.
The Employer and the Union, through this agreement, shall continue their dedication to the
highest quality police service and protection to the residents of Oak Park Heights. Both
parties recognize this Agreement as a pledge of this dedication.
ARTICLE II. RECOGNITION
2.1 The Employer recognizes the Union as the exclusive representative, under
Minnesota Statutes, Section 179A.03, Subd. 14 for police personnel in the following
job classifications.
POLICE OFFICER POLICE INVESTIGATOR
2.2 In the event the Employer and the Union are unable to agree as to the inclusion or
exclusion in the bargaining unit of a new or modified job class, the issue shall be
submitted to the Bureau of Mediation Services for determination.
ARTICLE III. DEFINITIONS
3.1 UNION: The Minnesota Teamsters Public and Law Enforcement Employees Union,
Local No. 320.
3.2 UNION MEMBER: A member of the Minnesota Teamsters Public and Law
Enforcement Employees Union, Local No. 320.
3.3 EMPLOYEE: A member of the exclusively recognized bargaining unit.
Page 101 of 118
3.4 DEPARTMENT: The City of Oak Park Heights Police Department.
3.5 EMPLOYER: The City of Oak Park Heights.
3.6 CHIEF: The Chief of the Oak Park Heights Police Department.
3.7 UNION OFFICER: Officer elected or appointed by the Minnesota Teamsters Public
and Law Enforcement Employees Union, Local No. 320.
3.8 OVERTIME: Work performed at the express authorization of the Employer in excess
of the employee's scheduled shift.
3.9 SCHEDULED SHIFT: A consecutive work period, eight (8) hours in length, including
two (2) fifteen minute rest breaks and a thirty minute lunch break.
3.10 REST BREAK: Two (2) fifteen minute periods during the scheduled shift during
which the employee remains on a continual duty and is responsible for assigned
duties.
3.11 LUNCH BREAK: A thirty minute period during the scheduled shift during which the
employee remains on a continual duty and is responsible for assigned duties.
3.12 STRIKE: Concerted action in failing to report for duty, the willful absence from one's
position, the stoppage of work, slow -down or abstinence in whole or in part from the
full, faithful and proper performance of the duties of employment for the purposes of
including, influencing or coercing a change in the conditions or compensation or the
rights, privileges or obligations of employment.
3.13 PROBATIONARY PERIOD: That one (1) year period of time from the employee's
date of hire until he/she becomes a permanent employee.
3.14 BASE PAY RATE: That wage rate paid to the employee exclusive of such payments
as overtime, longevity, educational incentive, or other fringe benefits premium
payments.
ARTICLE IV. EMPLOYER SECURITY
4.1 The Union agrees that during the life of this Agreement, it will not cause, encourage,
participate in or support any strike, slow -down or other interruption of or interference
with the normal functions of the Employer.
4.2 Any employee who engages in a strike may have his/her appointment or
employment terminated by the Employer effective the date the violation first occurs.
Such termination shall be effective upon written notice served upon the employee.
An employee who is absent from any portion of his/her work assignment without
permission, or who abstains wholly or in part from the full performance of his/her
duties without permission from his/her Employer on the date or dates when a strike
occurs in prima facie presumed to have engaged in a strike and such date or dates.
2
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An employee who knowingly strikes and whose employment has been terminated for
such action may, subsequent to such violation, be appointed or reappointed or
employed or re-employed, but such employee shall be on probation for two (2) years
with respect to such civil service status, tenure of employment or contract of
employment, as he/she may have heretofore been entitled.
No employee shall be entitled to any daily pay, wages, or per diem for the days on
which he/she engaged in a strike.
ARTICLE V. EMPLOYER AUTHORITY
5.1 The Employer retains the full and unrestricted right to operate and manage all
manpower, facilities and equipment; to establish functions and programs; to set and
amend budgets; to determine the utilization of technology; to establish and modify
the organizational structure to select, direct, and determine the number of personnel;
to establish work schedules, and to perform any inherent managerial function not
specifically limited by this Agreement.
5.2 Any term and condition of employment not specifically established or modified by
this Agreement shall remain solely within the discretion of the Employer to modify,
establish, or eliminate.
ARTICLE VI. UNION SECURITY
6.1 The Employer shall deduct from the wages of employees who authorize such a
deduction in writing, an amount necessary to cover monthly Union dues, or a "fair
share" deduction, as provided in Minnesota State Statute 179.65, Subd. 2, if the
employee elects not to become a member of the Union. Such monies shall be
remitted as directed by the Union.
6.2 The Union may designate employees from the bargaining unit to act as a steward
and an alternate and shall inform the Employer in writing of such choice and
changes in the position of steward and/or alternate.
6.3 The Employer shall make space available on the employee bulletin board for the
posting of Union notice(s) and announcement(s).
6.4 The Union agrees to indemnify and hold the Employer harmless against any and all
claims, suits, orders or judgments brought or issued against the Employer as a result
of any action taken or not taken by the Employer under the provisions of this Article.
ARTICLE VII. EMPLOYEE RIGHTS - GRIEVANCE PROCEDURE
7.1 Definition of a Grievance. A grievance is defined as a dispute or disagreement as to
the interpretation or application of the specific terms and conditions of this
Agreement.
7.2 Union Representatives. The Employer will recognize Representatives designated by
the Union as the grievance representatives of the bargaining unit having the duties
and responsibilities established by this Article. The Union shall notify the Employer in
3
Page 103 of 118
writing of the names of such Union Representatives and of their successors when so
designated, as provided by 6.2 of this Agreement.
7.3 Processing of a Grievance. It is recognized and accepted by the Union and the
Employer that the processing of grievances as hereinafter provided is limited by the
job duties and responsibilities of the employees and shall therefore be accomplished
during normal working hours only when consistent with such employee duties and
responsibilities, The aggrieved employee and a Union representative shall be
allowed a reasonable amount of time without loss in pay when a grievance is
investigated and presented to the Employer during normal working hours provided
that the employee and the Union Representative notified and received the approval
of the designated supervisor who has determined that such absence is reasonable
and would not be detrimental to the work of the Employer.
7.4 Procedure. Grievance, as defined in Section 7.1, shall be resolved in conformance
with the following procedure:
Step 1: An employee claiming a violation concerning the interpretation or application
of this Agreement shall, within twenty-one (21) calendar days after such alleged
violation has occurred, present such grievance to the employee's supervisor as
designated by the Employer. The Employer -designated representative will discuss
and give an answer to such Step 1 grievance within ten (10) calendar days after
receipt. A grievance not resolved in Step 1 and appealed to Step 2 shall be placed
in writing, setting forth the nature of the grievance, the facts on which it is based, the
provision or provisions of the Agreement allegedly violated, the remedy requested,
and shall be appealed to Step 2 within ten (10) calendar days after the Employer -
designated representative's final answer in Step 1. Any grievance not appealed in
writing to Step 2 by the Union within ten (10) calendar days shall be considered
waived.
Step 2: If appealed, the written grievance shall be presented by the Union and
discussed with the Employer designated Step 2 representative_ The Employer
designated representative shall give the Union the Employer's Step 2 answer in
writing within ten (10) calendar days after receipt of such Step 2 grievance. A
grievance not resolved in Step 2 may be appealed to Step 3 within ten (10) calendar
days following the Employer designated representative's final Step 2 answer. Any
grievance not appealed in writing to Step 3 by the Union within ten (10) calendar
days shall be considered waived.
Step 3: If appealed, the written grievance shall be presented by the Union and
discussed with the Employer designated Step 3 representative. The Employer
designated representative shall give the Union the Employer's answer in writing
within ten (10) calendar days after receipt of such Step 3 grievance. A grievance not
resolved in Step 3 may be appealed to Step 4 within ten (10) calendar days following
the Employer designated representative's final answer in Step 3, Any Grievance not
appealed in writing to Step 4 by the Union within ten (10) calendar days shall be
considered waived.
4
Page 104 of 118
Step 4: A grievance unresolved in Step 3 and appealed to Step 4 by the Union shall
be submitted to arbitration subject to the provisions of the Public Employment Labor
Relations Act of 1971, as amended. The selection of an arbitrator shall be made in
accordance with the rules of the Bureau of Mediation Services.
7.5 Arbitrator's Authority:
A. The arbitrator shall have no right to amend, modify, nullify, ignore, add to, or
subtract from the terms and conditions of this Agreement. The arbitrator shall
consider and decide only the specific issue(s) submitted in writing by the
Employer and the Union, and shall have no authority to make a decision on
any other issue not so submitted.
B. The arbitrator shall be without power to make decisions contrary to, or
inconsistent with, or modifying or varying in any way the application of laws,
rules and regulations having the force and effect of law. The arbitrator's
decisions shall be submitted in writing within thirty (30) days following close of
the hearing or the submission of briefs by the parties, whichever be later,
unless the parties agree to an extension. The decision shall be binding on
both the Employer and the Union and shall be based solely on the arbitrator's
interpretation or application of the express terms of this Agreement and to the
facts of the grievance presented.
C. The fees and expenses for the arbitrator's services and proceedings shall be
borne equally by the Employer and the Union provided that each party shall
be responsible for compensating its own representatives and witnesses. If
either party desires a verbatim record of the proceedings, it may cause such
a record to be made, providing it pays for the record. If both parties desire a
verbatim record of the proceedings, the cost shall be shared equally.
7.6 Waiver. If a grievance is not presented within the time limits set forth above, it shall
be considered 'waived.' If a grievance is not appealed to the next step within the
specified time limit or any agreed extension thereof, it shall be considered settled on
the basis of the Employer's last answer. If the Employer does not answer a
grievance or an appeal thereof within the specified time limits, the Union may elect to
treat the grievance as denied at that step and immediately appeal the grievance to
the next step. The time limit in each step may be extended by mutual written
agreement of the Employer and the Union at each step.
ARTICLE VIII, SAVINGS CLAUSE
This Agreement is subject to the laws of the United States, the State of Minnesota and the
City of Oak Park Heights. In the event any provision of this Agreement shall be held to be
contrary to law or by a court of competent jurisdiction from whose final judgment or decree
no appeal has been taken within the time provided, such provisions shall be voided. All
other provisions of this Agreement shall continue in full force and effect. The voided
provisions may be renegotiated at the written request of either party.
Page 105 of 118
ARTICLE IX. SENIORITY
9.1 Seniority shall be determined by the employee's length of continuous employment
with the Police Department and posted in an appropriate location. Seniority rosters
may be maintained by the Employer on the basis of time in grade and time within a
specific classification.
9.2 During the probationary period a newly hired or rehired employee may be discharged
at the sole discretion of the Employer. During the probationary period a promoted or
reassigned employee may be replaced in his previous position at the sole discretion
of the Employer.
9.3 A reduction of the work force will be accomplished on the basis of seniority.
Employees shall be recalled from layoff on the basis of seniority. An employee on
layoff shall have an opportunity to return to work within two (2) years of the time of
his/her layoff before any new employee is hired.
9.4 Vacation periods shall be selected on the basis of seniority until March 15th of each
calendar year.
9.5 Seniority shall prevail. Seniority qualified employees shall have first preference on
the job.
ARTICLE X. DISCIPLINE
10.1 The Employer will discipline employees for just cause only. Discipline will be in the
form of:
a . Oral reprimand;
b. Written reprimand;
C. Suspension;
d. Demotion; or
e. Discharge.
10.2 Suspensions, demotions and discharges will be in written form.
10.3 Written reprimands, notices of suspension, and notices of discharge which are to
become part of an employee's personnel file shall be read and acknowledged by
signature of the employee. Employees will receive a copy of such reprimands and/or
notices.
10.4 Employees may examine their own individual personnel files at reasonable times
under the direct supervision of the Employer.
10.5 Discharges will be preceded by a five (5) day suspension without pay.
10.6 Employees will not be questioned concerning an investigation of disciplinary action
unless they have advised that they have the opportunity to have a Union
Representative present at such questioning.
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10.7 Grievances relating to the Article shall be initiated by the Union in Step 2 of the
grievance procedure under Article VII.
ARTICLE XI. CONSTITUTIONAL PROTECTION
Employees shall have the rights granted to all citizens by the United States and Minnesota
State Constitutions.
ARTICLE XII. WORK SCHEDULE
12.1 The normal work year is two thousand and eighty (2,080) hours, to be accounted for
by each employee through:
a) scheduled hours of work in assigned shifts;
b) assigned training;
C) authorized leave time;
d) holidays.
12.2 Holidays and authorized leave time are to be calculated on the basis of the actual
length of time of the assigned shifts.
12.3 Nothing contained in this or any other article shall be interpreted to be a guarantee of
a minimum or maximum number of hours the Employer may assign employees.
ARTICLE XIII. OVERTIME
13.1 Employees will be compensated at one and one-half (1'/) times the employee's
regular base pay rate for hours in excess of the Employee's regularly scheduled
shift. Changes of shift do not qualify an employee for overtime under this Article.
Compensatory time (at time and one-half) may be taken, at the option of the
employee, as payment for overtime worked in lieu of money.
13.2 Overtime will be distributed as equally as practicable.
13.3 Overtime refused by employees will, for record purposes under Section 13.2, be
considered as unpaid overtime worked.
13.4 For the purpose of computing overtime compensation, overtime hours worked shall
not be pyramided, compounded or paid twice for the same hours worked.
13.5 Overtime will be calculated to the nearest fifteen (15) minutes.
13.6 Employees have an obligation to work overtime or call backs if requested by the
Employer unless unusual circumstances prevent the employee from so working.
13.7 The use of compensatory time is subject to the prior review and approval of the
Chief of Police. Compensatory time may be accrued up to a maximum of forty (40)
hours. Unused accumulated compensatory time shall be cashed out on December
15`h of each year.
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Page 107 of 118
ARTICLE XIV. COURT TIME
An employee who is required to appear in Court during his/her scheduled off-duty time shall
receive a minimum of three (3) hours pay at one and one-half (1'/2) times the employee's
base rate of pay. An extension or early report to a regularly scheduled shift for duty does
not qualify the employee for the three (3) hour minimum.
If a court appearance is canceled with less than two (2) business days notice, the employee
shall receive two (2) hours pay at one and one-half (11/2) times the employee's base rate of
pay.
If a court appearance is canceled with less than one (1) days notice, the employee shall
receive three (3) hours pay at one and one-half (11/2) times the employee's base rate of pay.
ARTICLE XV. CALL BACK
An employee who is called back to duty during his scheduled off-duty time shall receive a
minimum of three (3) hours pay at one and one-half (1'/z ) times the employees base rate of
pay. An extension or early report to a regularly scheduled shift for duty does not qualify the
employee for the three (3) hour minimum.
ARTICLE XVI. WORKING OUT OF CLASSIFICATION
Employees assigned by the Employer to assume the full responsibilities and authorities of a
higher job classification for five (5) consecutive working days or more shall receive the
salary schedule of the higher classification.
ARTICLE XVII. SALARY SCHEDULE
The salary schedule for employees under this contract, will be as in Appendix A; using the
scale of three (3) years to reach the top salary in four (4) steps.
ARTICLE XVIII. HOLIDAYS
18.1 Employer grants to each employee twelve (12) paid holidays per year at their base
pay rate (base monthly pay divided by 173 hours x 8 hours x 12 holidays). Paid
holidays being as follows:
New Years Day
Columbus Day
Martin Luther King Day
Veterans Day
Presidents Day
Labor Day
Memorial Day
Thanksgiving Day
Independence Day
Christmas Day
Two (2) Floating days selected by the employee and subject to the approval of the
Chief of Police.
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18.2 Any employee required to work on any holiday listed in 18.1 above shall receive an
additional one-half (3/2) times pay for all hours worked on that shift in addition to
regular pay and holiday pay.
18.3 Said holiday pay shall be issued on the first regular pay day in December of each
yea r.
ARTICLE XIX. VACATIONS
19.1 The Employer grants to each employee paid vacation as per the following schedule -
0 through 5 years of service 10 working days per year (516 day per month)
6 through 10 years of service 15 working days per year (1'/4 day per month)
11 through 15 years of service 20 working days per year (1 % day per month)
16 and over years of service One (1) additional day per year to a maximum of
25 days per year.
19.2 Employees shall earn vacation during the probationary period, but shall not use
vacation leave without the approval of the Employer.
19.3 Employees shall accrue vacation leave to a maximum of forty (40) working days.
19.4 Vacation leave may be used as earned, provided that the Chief of Police shall
approve the requested time.
19.5 Any employee leaving City employment shall receive unused accumulated vacation
leave if said employee has given proper notice [fourteen (14) days].
19.6 In addition to the vacations set forth above, after two (2) years of service, permanent
employees shall be granted two (2) days personal leave with pay to take care of
personal business that can only be taken care of during normal working hours. Said
leave will be non -accumulative and subject to prior approval of the Chief of Police.
Personal leave may be taken in blocks of two (2) hours or more.
ARTICLE XX. SICK LEAVE
20.1 The Employer grants to each employee paid sick leave at the rate of one (1) day per
month for each month of employment, or major fraction thereof.
20.2 Employees shall earn sick leave during the probationary period, but shall not use
sick leave without the approval of the Employer.
20.3 The Employer may require a medical certificate for any sick leave absence
exceeding three (3) working days.
20A Each employee, in order to be eligible for sick leave pay, shall report to the Chief of
Police or his/her duly appointed assistant at his/her home or office, prior to
the start of his/her scheduled shift the reason for the use of the sick leave.
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Page 109 of 118
20.5 Each employee shall keep the department informed of his/her condition if the
absence is of more than one (1) day.
20.6 Each employee shall be allowed a maximum accumulation of one hundred forty
eight (148) days of sick leave. After the
employee shall earn sick leave at the rai
Banked sick leave shall be used only aft(
leave is exhausted.
maximum accumulation is reached, each
of one-half ('/2) day banked sick leave.
r all of the Employee's accumulated sick
20.7 Sick leave shall be used normally for absences from duty because of personal illness
or legal quarantine of the employee, or because of serious illness in the immediate
family. Immediate family shall mean brother, sister, parent, parents-in-law, or
spouse of the employee. Sick leave shall be used for employee's children on the
same terms the employee is able to use sick leave for the employee's own illness,
pursuant to Minn. Stat. §181.9413.
20.8 When necessary and upon approval by the Employer, up to five (5) days of sick
leave with pay shall be used in case of death in the family. The degree of
relationship includes spouse, parents, spouse's parents, children, brothers and
sisters, brothers-in-law, sisters-in-law, grandparents, grandchildren, and step-
children.
ARTICLE XXI. FALSE ARREST INSURANCE
The Employer will pay for each employee's Team Legal, the Teamsters Legal Defense
Fund, for every year of the contract.
ARTICLE XXII. HEALTH INSURANCE
Effective Jan r -y-47..-2005, Tthe Employee shall contribute thirteen percent (13%) per month
toward the cost of dependent health coverage for the term of this Agreement. The
Employer shall contribute eighty-seven (87%) per month per employee toward the cost of
dependent health coverage for the term of this Agreement.
Effective -Janu.ary. -1—, 2-0(a -tb Er paeyee shatf cenfra ufe t# e -percent (3%)__pe ...month
toward--ffie-cost-of single health--cover-age-far-t-he term Jan- ary
11;-2006 t -the -Employee sh-ata-ce-ntr4bufe-five percent. (5%.) per--month-taw-ars#-t-he r.ast--ef-single
faealfh s�verage-fate terra e3f this Agreerenf Effective ��+uay__1..._..2.4Q7; Tthe Employee
shall contribute eight percent (8%) per month toward the cost of single health coverage for
the term of this Agreement. The Employer shall pay the balance of the premium not paid
by the employee.
ARTICLE XXIII. TRAINING
The Employer will post announcements of those special training schools to which
employees may be sent. Selection of attendees will be made by the Chief of Police.
Page 110 of 118
ARTICLE XXIV. CLOTHING ALLOWANCE
24.1 The Employer agrees to provide each new employee with a complete uniform and all
necessary equipment needed to carry out the required duties of a Police Officer for
the City of Oak Park Heights. If an employee does not complete the required
probationary period, all uniforms and equipment will be returned to the Employer
before the employee receives his final payroll check.
24.2 The Employer agrees to provide each employee with an annual clothing allowance
as follows: $675:00750.00 for 20085; $750.00.00 for 20096; and $75025.00 for
201007; to be paid in the first paycheck in January. Dry cleaning bills can be
submitted and approved as a part of the uniform allowance.
24.3 Clothing damaged in the line of duty to be replaced by the Employer at no cost to the
employee.
ARTICLE XXV. SAFETY
The employee adheres to the principle that employees should work in a safe environment.
Accordingly, each employee has an obligation to observe safe working practices and to alert
his/her supervisor to the existence of specific safety hazards.
ARTICLE XXVI. UNION MEETINGS
An employee may not attend union meetings during his/her normally scheduled shift without
prior approval of the Employer.
ARTICLE XXVII. SEVERANCE PAY
All permanent employees who have completed ten (10) years of service with the City shall
be entitled to fifty percent (50%) of the unused sick leave as severance pay, such payment
not to exceed 75 days maximum upon retirement or if they become disabled so they must
terminate their employment. In the case of death, their beneficiary shall be entitled to their
severance pay, such payment not to exceed fifty (50) days maximum. Beneficiaries of the
demised employees shall be entitled to receive One hundred percent (100%) of the
severance pay the deceased employee was entitled to at the date of his death.
ARTICLE XXVIII. INJURY ON DUTY
Any employee injured on duty shall receive up to twelve (12) months pay without loss to any
accrued sick leave or vacation leave provided as follows:
a. The employee reports the injury as soon as possible to the Chief of Police;
b. The injury is of a nature which is covered by Workers Compensation;
C, If requested and paid for by the Employer, the employee shall submit to an
examination by a competent medical practitioner;
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Page 111 of 118
d. The employee shall report the amount of Workers Compensation to the
Employer. The Employer shall pay the employee the differences between
Workers Compensation and the employee's regular salary.
ARTICLE XXIX. INCENTIVE PAY
29.1 The Employer agrees to pay incentive pay based upon longevity as per the following:
Effective January 1, 1985:
After four (4) years of service 3% of salary of month
After eight (8) years of service 5% of salary of month
After twelve (12) years of service 7% of salary of month
After sixteen (16) years of service 9% of salary of month
29.2 As an alternative to incentive pay based up on longevity, the employer agrees to pay
educational incentive pay and fitness/wellness pay as per the following:
The employer agrees to pay an additional two percent (2%) if an employee receives a
Masters Degree, graduates from the FBI Academy, or completes sixty (60) hours of
additional accredited course work per year.
At such time as an employee achieves fifty percent (50%) of the next year's goal, the
employee would be entitled to the next percentage of salary increase (i.e., the employee
who achieves 21/2 years of post -high school education is therefore entitled to six percent
[6%] of salary per month).
Fitness/Wellness Pay
Fitness: The physical tests shall consist of push-ups, sit-ups, and the 2 mile run according
to APFT Standards (see Appendix B-1). The officer must complete each test with at least
the minimum score for his/her age group and sex. A comparable alternative test would be
allowed if an employee could not do a particular test due to a specific injury. Completion of
all three physical tests with at least a minimum score and meeting height/weight standards
(see Appendix B-2) would entitle the employee to one percent (1 %) of salary per month.
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SALARY PER MONTH
TOTAL
After one (1) year of post-
2%
2%
high school education
After two (2) years of post-
4%
4%
high school education
After three (3) years of post-
6%
6%
high school education
After four (4) years of post-
8%
8%
high school education
The employer agrees to pay an additional two percent (2%) if an employee receives a
Masters Degree, graduates from the FBI Academy, or completes sixty (60) hours of
additional accredited course work per year.
At such time as an employee achieves fifty percent (50%) of the next year's goal, the
employee would be entitled to the next percentage of salary increase (i.e., the employee
who achieves 21/2 years of post -high school education is therefore entitled to six percent
[6%] of salary per month).
Fitness/Wellness Pay
Fitness: The physical tests shall consist of push-ups, sit-ups, and the 2 mile run according
to APFT Standards (see Appendix B-1). The officer must complete each test with at least
the minimum score for his/her age group and sex. A comparable alternative test would be
allowed if an employee could not do a particular test due to a specific injury. Completion of
all three physical tests with at least a minimum score and meeting height/weight standards
(see Appendix B-2) would entitle the employee to one percent (1 %) of salary per month.
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Wellness: If an employee is completely smoke/tobacco free, he/she is entitled to one percent
(1%) of salary per month-, if an employee smokes, he/she shall lose one percent (1%) of salary
per month.
If an employee elects the alternative incentive pay program as set forth above, the elect is
irrevocable, and the employee would no longer be entitled to receive incentive pay based upon
longevity.
ARTICLE XXX. EXTRA VACATION DAY
Any employee that maintains a sick leave balance of 100 days annually shall receive one (1)
additional day's vacation per year.
ARTICLE XXXI. SHIFT DIFFERENTIAL PREMIUMS
The afternoon shift shall receive $1.25 per shift differential, and the evening shift shall receive
$2.10 per shift differential with no set times being established for the commencement of the
shifts.
Employees who are assigned to act as a Field Training Officer (FTO) for new em la ees shall
receive one(j) hour of Compensatory time for each shift under which they actually engage in the
direct field trainina of new trainee.
ARTICLE XXXII. DENTAL INSURANCE
The.-E-mployer shalf--prflvide_denta---insurance-on-ata--empiGy-ees and dependents and shall pay
1 -00% --cif the --prem= jum--due--thereon-.-----E-f-feetive da -wary 4,---2005-tThe Eemployee shall contribute
thirteen percent (13%) toward the premium of Family Annual Dental Insurance for the term of this
Agreement. -per
month--toward..-..the-.. cost ....of.._ thi-s Ag-reerne-rit:----------- E-ffectfve
J n�aary 1; 2006 tt�e �mpleyeeT-s ialt--c-a trib-uta five-Wce-nt-W,44-per--month toward the-c-rst_of
single health-c€�verage for -floe term -of this Agreemaent--E-ffective Jan uary--- 1;-20G7tThe Employee
shall contribute eight percent (8%) per month toward the cost of single dental insurance for the
term of this Agreement. The Employer shall pay the balance of the premiums not paid by the
employee.
ARTICLE XXXIII. JURY DUTY
In the event a employee covered by this Agreement is called for Jury Duty, the employee shall
give the Employer any payment received (less any meal or mileage allowance) in exchange for
full wages from the Employer for any days the employee serves on Jury Duty.
ARTICLE XXXIV. WAIVER
34.1 Any and all prior agreements, resolutions, practices, policies, rules and regulations
regarding terms and conditions of employment to the extent inconsistent with the
provisions of the Agreement are hereby superseded.
34.2 The parties mutually acknowledge that during the negotiations which resulted in this
Agreement, each had the unlimited right and opportunity to make demands and proposals
with respect to any term or condition of employment not removed by law from bargaining.
All agreements and understandings arrived at by the parties are set forth in writing in this
Agreement for the stipulated duration of this Agreement. The Employer and the Union
each voluntarily and unqualifiedly waives the right to meet and negotiate regarding any
13
Page 113 of 118
and all terms and conditions of employment referred to or covered in this Agreement or
with respect to any term or condition of employment not specifically referred to or covered
by this Agreement, even though such terms and conditions may not have been within the
knowledge or contemplation of either or both parties at the time this Agreement was
negotiated or executed.
ARTICLE XXXV. MINNESOTA POST LICENCES
The City will pay for the Officers renewal of their Minnesota Post Licences.
ARTICLE XXXVI. POST RETIREMENT HEALTH INSURANCE
The City will adopt maintain a Post Retirement Health Insurance Plan +'n--20-05 consistent with
State and Federal re ula s.. All costs and responsibilities associated with such plan shall be
aid in full by the Employees. At no time shall this plan and its benefits become the financial
responsibility of the Employer.
ARTICLE XXXVII, DURATION
This Agreement shall be in effect from January 1, 20085, and shall remain in full force and
effect until the thirty-first day of December, 200107, or until a new contract is signed with the
exclusive representative of the Police Department.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on this
day of 20072004.
THE CITY OF OAK PARK HEIGHTS TEAMSTERS LOCAL #320
Mayor
Attest:
Gregory Burnes, Business Agent
City Administrator Steward
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APPENDIX A-1
SALARY SCHEDULE EFFECTIVE JANUARY 1, 20085, FOR POLICE OFFICERS
Year 1 $3,666,90 3-!355.74 (70% of Top Patrol)
Year 2 $4,1.93.65, 1,837-:78 (80% of Top Patrol)
Year 3 $4,713.63 4,313.64 (90% of Top Patrol)
Year 4 $5,240.36 4,795:6-9 Top Patrol
APPENDIX A-2
SALARY SCHEDULE EFFECTIVE, JANUARY 1, 20096, FOR POLICE OFFICERS
Year 1 $3,776.91 3.456:41- (70% of Top Patrol)
Year 2 $4,3.19A5..3 -j-95-2--,-94 (80% of Top Patrol)
Year 3 $4,855.04 _ 4;443.04 (90% of Top Patrol
Year 4 $5,397.57 4;939-.-5-5 Top Patrol
APPENDIX A-3
SALARY SCHEDULE EFFECTIVE, JANUARY 1, 200107, FOR POLICE OFFICERS
Year 1 $3890.22 3,560:0 (70% of Top Patrol)
Year 2 $4,449.04 4,071-50 (80% of Top Patrol)
Year 3 $5,000.69 4;576,34 (90% of Top Patrol)
Year 4 $5,559.50 5;08.-73 Top Patrol
APPENDIX A-4
SALARY SCHEDULE EFFECTIVE JANUARY 1, 20085 FOR THE DURATION OF THE
AGREEMENT FOR THE POSITION OF INVESTIGATOR SHALL BE FIVE PERCENT (5%)
OVER WHATEVER THE OFFICERS' SALARY WOULD BE WERE THEY NOT AN
INVESTIGATOR.
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APPENDIX B-1
NEW APFT STANDARDS
PUSH-UPS
AGE
GROUP
MALE
FEMALE
MIN
MAX
MIN
MAX
17-21
42
71
19
42
22-26
40
75
17
46
27-31
39
77
17
50
32-36
36
75
15
45
37-41
34
73
13
40
42-46
30
66
12
37
47-51
25
59
10
34
52-56
20
56
9
31
57.61
18
53
8
28
62+
1650
7
25
SIT-UPS
AGE
GROUP
MALEIFEMALE
MIN
MAX
17-21
53
78
22-26
50
80
27-31
45
82
32-36
42
76
37-41
38
76
42-46
32
72
47-51
30
66
52-56
28
66
57-61
27
64
62+
26
63
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2 -MILE RUN
AGE
MALE
FEMALE
GROUP
MIN
MAX
MIN
MAX
17-21
15:54
13:00
18:54
15:36
22-26
16:36
13:00
19:36
15:36
27-31
17:00
13:18
20:30
15:48
32-36
17:42
13:18
21:42
15:54
37-41
18:18
13:36
22:42
17:010
42-46
18:42
14:06
23:42
17:24
47-51
19:30
14:24
24:00
17:36
52-56
19:48
14:42
24:24
19:00
57-61
19:54
15:18
24:48
19:42
62+
20:00
15:42
25:00
20:00
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APPENDIX B-2
DESIRABLE WEIGHT RANGES
MALES
FEMALES
HEIGHT
WEIGHT
HEIGHT
WEIGHT
54"
117-163
5'0"
96--138
5'5"
120-167
5' 1"
99-141
516"
124-173
5'2"
102-144
5'7"
128-178
5'3"
105-149
518"
132-183
5'4"
108-152
5'9"
136-187
5'S"
111-156
5' 10"
140-193
66"
114-161
5'11"
144-198
517"
118-165
61011
148-204
5'8"
122-169
6' 1"
152-209
519"
126-174
6' 2"
156-215
51101,
130-179
6` 3"
160-220
51111,
134-185
6'4"
169-231
6'0"
138-190
61511
174-238
fE.9
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