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HomeMy WebLinkAboutRevised 1987 Coo y LAW OFFICES OF ECKBERG, LAMMERS, BRIGGS, WOLFF & VIERLING 3/1 . • 1835 NORTHWESTERN AVENUE 'o STILLWATER, MINNESOTA 55082 LYLE J. ECKBERG (612)439-2978 JAMES F. LAMMERS FAX(612)439-2923 ROBERT G. BRIGGS PAUL A.WOLFF MARK J.VIERLING E GREGORY G.GALLER KEVIN K.SHOEBERG THOMAS J.WEIDNER March 2, 1993 SUSAN 0.OLSON i, Ms. Barbara O'Neal, May& Mr. Jack Doerr City of Oak Park Heights Councilman 6213 St. Croix Trail No. 1204 14520 Upper 56th St N Oak Park Heights, MN 55082 Oak Park Heights, MN 55082 Mr. Joe Carufel Mr. Dick Seggelke Councilman Councilman 14625 N. 57th Street 14256 - 57th Street N Oak Park Heights, MN 55082 Oak Park Heights, MN 55082 Mr. Dean Kern Coagncilman • 0$5 Oldfield Ave. North • mak Park Heights, MN 55082 Re: Chapter 302 of the Code of Ordinances for the City of Oak Park Heights Affecting Contractors Permits/ Bonds and Insurance Dear Mayor O'Neal and Council: At the last council meeting held on February 22, 1993 the council requested this office to evaluate the pros and cons of retaining the provisions contained within Chapter 302 of the Code of Ordinances affecting bonding and insurance of contractors and subcontractors doing or performing work within the City. Your attention is drawn to Section 302.03 which provides in relevant portion: "No individual, partnership, corporation or - other business association holding a license from the State of Minnesota and bonded to said state, shall be required to pay a license or registration fee, or to file a bond with the City of Oak Park Heights provided that a copy of the license or such other evidence of license or bond with the State of Minnesota may be provided by the State of Minnesota and filed with the City Clerk. Application for • said contractors permit above described shall be further conditioned upon the filing of certificates evidencing the holding of public liability insurance and the limits • Page 2 March 2, 1993 To: Mayor O'Neal and Councilmen of $100, 000 per person and Re: Chapter 302 $250,000 per accident for bodily injury and $100,000 for property damage and certificates of workman's compensation insurance as required by law. " Obviously, persons that are not licensed under the State of Minnesota must supply the license application fee and bond in order to be allowed to do work within the City of Oak Park Heights. As the building inspector has pointed out with the current • State registration system, many of the general contractor's are licensed with the State of Minnesota and thereby comply with the City's requirements as soon as they provide proof of liability insurance. However, many of the subcontractors and/or day laborers within the City are not licensed by the State of Minnesota and not required to be licensed under the statutory schemes now in force nor do they normally maintain bonds or insurance. • The benefits of requiring all individuals doing work within our City to be bonded and insured (either under the statutory • licensing system of the City's licensing system) is, of course, to provide a benefit and degree of safety to the residents of the City who have individuals doing work within their home. The bonding and, more particularly, the insurance does provide an avenue of recourse to individuals whose homes have been damaged or have otherwise suffered some injury as a result of the work that was performed within their home negligently or otherwise by the particular contractor, subcontractor or day laborer. The ordinance requirements are structured for the public safety and general interest of our residents; however, they do also establish a degree of administrative expense for the office of the City Clerk and the building inspector to monitor and enforce. There is obviously little or no administrative expense as it relates to contractors that are already licensed through the state's system as we merely need to follow up and obtain copies of their Certificate of Insurance before they enter into work within the City of Oak Park Heights. No additional bonds or other documentation other than their state licensing should be required. As to the others who are not licensed by the state licensing system, we do need to follow up and obtain both the application • fee, the bond and the insurance certificates. • Page 3 March 2, 1993 To: Mayor O'Neal and Councilmen Re: Chapter 302 I am not at all sure as to how much time is actually being spent by the Clerk's office or by the building inspector in enforcing and in monitoring these provisions of the Ordinances and certainly the council would want to take that into account before making any final decision to modify or amend Chapter 302. Obviously, there will always be those individuals who do not register with the City and do not comply with the Ordinance before they enter into a home improvement within one of our residents homes. For those individuals, the Ordinance sets out a criminal violation on a misdemeanor level for noncompliance with the Ordinance. More often than not we do not find out about such individuals unless there has been a complaint from the homeowner with regard to the quality of work that has been performed within their home or an inquiry determining whether or not there was an avenue of insurance or bond that they can apply to for damages that have been done to themselves or their home. In those circumstances where the individuals have violated our Ordinance and have not 4111 filed or required insurance and bonding, the City is at least in the position to pursue a criminal citation against the subcontractor or day laborer who has not complied with the ' Ordinance and also thereby can take advantage of the opportunity through the victims reparation provisions of the criminal statutes to secure some type of relief for the homeowners that have been damaged. Chapter 302 is in large measure discretionary in that the City is not required by law to have such a provision. It is nonetheless, however, a statement of public policy within the City of the City's intent to protect its residents from those contractors which may enter into their homes and do damage either to the structure or to the individuals therein as a result of the work that they do. Should the City council members or staff have any questions with regard to the application or the intent of the ordinance or the content of this letter, you may please feel free to contact me directly. Very truly yours, Mark J. Vierling • MJV:sms cc: 1444taws-44 COUNCIL MEETING DATE: December 17, 1997 AGENDA ITEM CITY OF OAK PARK HEIGHTS REQUEST FOR COUNCIL ACTION Request Submitted: December 15, 1997 Requested By: Judy Holst, Interim Administrator ITEM/ACTION DESCRIPTION: Draft of Water Sprinkling Ordinance Amendment. BACKGROUND: The City Attorney has prepared a draft Ordinance amendment as requested by the Council at the December 9, 1997 Council Workshop. ACTION REQUESTED: Review and add as Item 3 of Unfinished Business to December 17 Council agenda for approval . FINANCIAL IMPLICATIONS: None. ADMINISTRATIVE COMMENTS: Recommend approval . REVIEWED BY: C A. inistrator Finance Director Police Chief Building Inspector Public Works Director A-.47 411 203 AN ORDINANCE REGULATING EMPLOYEE RELATIONS THE CITY COUNCIL OF THE CITY OF OAK PARK HEIGHTS, WASHINGTON COUNTY, MINNESOTA, DOES ORDAIN: 203 .01 Purpose. It is the purpose of this Ordinance to establish a uniform and equitable system of municipal personnel administration for all employees of the City of Oak Park Heights, not represented by separate union labor agreement. 203 .02 Scope. This Ordinance shall apply to all employees of the City except the following: A. All elected officials. B. City Attorney. C. Members of boards and commissions. D. Consultants and others rendering temporary professional services. E. Members of City Police Department represented by separate labor agreement. 203 .03 Public Employees Labor Relations Act Adopted. Minnesota Statutes, Chapter 175 .50, known as the Public Employee Labor Relations Act as amended by the laws of 1973, is hereby adopted by reference. Every provision contained in the said Statute is hereby adopted and made a part of this Ordinance by reference as if fully set forth herein. 203 .04 Appointment Procedure. All probationary and regular appointments to municipal service shall be made by the City Council on the basis of merit and fitness , and without regard to race, creed, color or discrimination. Seasonal and temporary appointments will be made by the department head with the consent of the Council. 203 .05 Physical Examination. All new permanent employees shall be required to have a physical examination by a licensed physician who may be designated by the employer to determine any disabling illness or impairment of their physical condition, so that the employability for the position under consideration may be evaluated. This examination shall be an evaluation of the applicant' s general fitness with particular emphasis on detecting the presence of • latent trouble in time for the applicant to take corrective action or to prevent the employment of a person whose condition would deteriorate or be S aggravated by the position under consideration. The cost of the examination shall be borne by the employer, and a report made to the employer. Physical examination shall not be required for persons whose employment is seasonal and/or temporary, unless as directed by Department Head or City Council. 203 .06 Probationary Period. The first twelve months of employment of an employee shall be regarded as a probationary period, to be utilized for observing the employee' s work, for securing the most effective adjustment of the employee to his position, and for removing any employee whose performance does not meet the required work standards. Vacation and sick leave benefits shall accrue to the employee during the probationary period, but may not be used without employer approval. If employment is terminated during an employee ' s probationary period, no sick leave, vacation or other benefits shall be due him. Probationary employees shall not be entitled to leave of absence. Persons whose employment is seasonal and/or temporary shall not have a probationary period. 203 . 07 A. Compensation. All employees of the City of Oak Park Heights shall be compensated according to the wages or salaries established annually by the City Council, provided however, that the Council may change or modify any wages or salary of any employee at any time that it deems it necessary in the interest of good personnel administration. Any wage or salary so established shall represent remuneration for employment , but shall not be considered as reimbursement for official travel or other expenses which may be allowed for the conduct of official business. Unless approved by the appointing authority, no employee shall receive any pay from the municipality in addition to the salary authorized for any position, or positions , to which he has been appointed. This shall not operate to prevent employees from working in more than one position when authorized by Council. The City Council shall review the salaries of all employees in September of each year, for the purpose of establishing such salaries in the City budget for the following year. 411 B. Work Week and Work Days. Except for those employees specially designated by the Council, the regular work week shall be forty (40) • 410 • hours, Monday through Friday, and the regular day shall be eight ( 8) working hours , said hours to be established by Council Resolution regarding individual employees. A consectutive work period shall include two (2) fifteen minute rest breaks and a thirty (30) minute lunch break. C. Overtime Payment. The City Council, in its sole discretion, may authorize compensation for overtime work performed by employees authorized by the Council or the department head, at the rate of one and one-half (1 1/2) times the regular rate of pay for over forty (40) hours of work per week, or over eight (8) hours ' work per day, using one hundred seventy-three point three (173 .3) hours as a normal working month. Overtime will be calculated to the nearest fifteen (15) minutes. D. Pay Days. Pay days shall not be later than the 16th and the last day of each month, and when pay days fall on Saturday, Sunday or a holiday, employees shall receive their pay on the preceding work day. E. Travel Expense. • An employee shall be reimbursed for traveling expenses incurred when traveling on City business, only upon approval of such expenses by the City Council. In order to receive such reimbursement, the employee shall fill out the appropriate claim form and submit it to the Department Head and/or City Clerk with all reasonable promptness, after completion of the travel. Mileage allowance for the use by an employee of his own automobile shall be at the rate as set by State Statute. No reimbursement shall be approved for expenses or mileage unless the employee receives approval of the department head or the Council, prior to the expenditure of funds by the employee. 203 .08 Sick Leave. A. Eligibility. Sick leave with pay shall be granted to all probationary and permanent employees according to the following schedule, to-wit: One (1) day per month for each month of employment or major portion thereof. Each employee shall be allowed a maximum accumulation of one hundred (100) days of sick leave. After the maximum accumulation is reached, each employee shall earn sick leave at the rate of one-half (1/2) day banked per month sick leave. Banked sick leave shall • be used only after the maximum accumulation of one hundred (100) days is exhausted. 410 410 III B. When Granted. Sick leave may be granted at the discretion of the department head or , in his absence, the person appointed by the Council , only for absence from duty Abecause of personal illness or personal legal z quarantine. For death, or serious illness in the ' immediate family, namely husband, wife, son, daughter, 0 ^' ter, mother, sister, brother, father-in-law or g..2:-14g..2:-14af -L mother-in-law, sick leave maybe �l.��1'if granted for a period " not to exceed three ( 3) days, with �� y prior approval from the department head or person appointed by the Council. Workmen' s compensation benefits shall be credited against the compensation due an employee during sick leave. C. Proof Required. In order to be eligible for sick leave with pay, an employee must: 1 . Report promptly to his department head the reason for his absence. 2 . Keep his department head informed of his condition if the absence is of more than three days ' duration. 3 . Shall submit a medical certificate for any absence exceeding three days. 411 D. Penalty. Claiming sick leave when physically fit, except as permitted in this Section, may be cause for disciplinary action, including transfer, demotion , suspension or dismissal. E. No Terminal Sick Leave. No sick leave benefits of any kind shall be granted upon termination of employment, subject to the provisions of Section 203 . 16 . F. 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 made available to the employee through a benefit provided all, or in part, by 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 a nature which is covered by IIIWorkman' s Compensation. G. Medical and Hospital Benefits. S • The City shall carry medical, hospital, and dental insurance on all employees and dependents as established by resolution from time to time. 203 . 09 Vacation. A. Vacation shall be earned on a pro-rated basis the first year, then as indicated below during the calendar year thereafter: 0 - 5 years of service 10 working days per year (5/6 day per month) 6 - 10 years of service 15 working days per year ( 1 1/4 days per month) 11 and over years of 1 additional day per year to a maximum of 25 days per year Employees with ten (10) working days vacation due must take at least five (5) working days of said vacation days consecutively each year. • In addition to the above, after five (5) 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 Council or department head and periodic review by the Council. B. When Taken. No employee shall take vacation leave without the prior approval of the employer. C. Accrual. Employees may accrue vacation leave to a maximum of thirty (30) working days. D. Terminal Leave. Any employee leaving the municipal service after giving proper notice of such termination of employment, shall be compensated for vacation leave accrued and unused to the date of separation. E. Leave Without Pay. Upon request of an officer or employee, leave of absence without pay may be granted by the City Council, taking into consideration good conduct, length of • service and efficiency of the employee, and the general good of the municipal service. Such leave of absence shall not exceed a period of ninety (90) days , provided 410 411 that the same may be extended beyond such period if the leave of absence is for continued disability, or other good and sufficient reasons , but in no case exceed one (1) year. No benefits of any kind, including sick leave or insurance, shall be granted or accrued during a period of a leave of absence without pay, unless expressly authorized by the Council, provided however, that employees detailed for military service shall be entitled to the reinstatement rights as set for in M.S.A. 192 .261 . F. Jury Duty. In the case of jury duty or subpoena for witness in Court, an employee shall receive an amount of compensation which is equal to the difference between the employee ' s regular pay and compensation paid for jury duty or witness fee. G. Approval Required. Leave without pay shall require the advance approval of the department head and the City Council. 203 .10 Legal Holidays. The following legal holidays will be observed as paid holidays for City Employees: New Year 's Day, Martin • Luther King, Jr. Day, President' s Day, Memorial Day, Independence Day, Labor Day, Columbus Day, Veteran' s Day, Thanksgiving Day and the day after Thanksgiving Day, and Christmas Day. No City business shall be transacted on any holiday, except in cases of necessity. 203 .11 Resignation. Any employee wishing to leave the municipal service in good standing shall file with his department head and/or City Clerk, at least fourteen (14) days before leaving, a written resignation stating the effective date of the resignation and the reason for leaving. Failure to comply with this procedure may be considered cause for denying such employee future employment by the municipality and denying terminal leave benefits. Unauthorized absence from work for a period of three (3) working days may be considered by the department head and/or City Clerk as a resignation without benefits. 203 .12 Grievance Policy. It is the policy of the City, insofar as possible, to prevent occurrence of grievances and to deal promptly with those which occur. When any grievance comes or is • directed to the attention of any supervisory employee of the City, the supervisor shall promptly discuss all relevant circumstances with the employee and his • representative, if he so desires, consider and examine the cause of the grievance and attempt to resolve it to the extent that he possesses authority. Failing at that level , the grievance may be carried up to higher authority, up to and including the City Council. 203 .13 Dismissal. A. Employees subject to the provisions of this ordinance may be dismissed from the municipal service by the City Council, or department head. Evidence of the following shall be sufficient cause for dismissal. 1 . Incompetence or inefficiency in the performance of his duties. 2 . Conviction of a criminal offense involving moral turpitude. 3 . Violation of any lawful or official regulation or order, or failure to obey any lawful direction made and given by his superior officer where such violation or failure to obey amounts to an act of insubordination or a breach of • proper discipline, or has resulted or reasonably might be expected to result, in loss or injury to the municipality or to the public. 4 . No employee shall report to work with the odor of an alcoholic beverage on his breath. The drinking of any alcoholic beverage or use of drugs prohibited by ordinance or Statute, when on duty, is prohibited. 5 . Physical or mental defect which in the judgment of the Council incapacitates the employee for the proper performance of the duties of his position. An examination by a licensed medical doctor may be required. 6 . Wanton use of offensive conduct or language toward the public or municipal officers or employees. 7 . Carelessness and negligence in the handling or control of municipal 411 property. 8 . Inducing, or attempting to induce, an officer or employee of the municipality 411 !II • to commit an unlawful act, or to act in violation of any lawful and reasonable official regulation or order. 9 . Taking any fee, gift or other valuable item in the course of his work, or in connection with it, from any citizen for his personal use when such gift, fee or other item is given in the hope or expectation of receiving a favor or better treatment than accorded other citizens. 10. Conduct in private life which brings discredit upon the municipal service. 11 . Proven dishonesty in the performance of his duties. B. Right to Appeal. In all cases of suspension and dismissal, except at the end of a probationary period, the reasons for such action must be presented in a dated, written statement to the employee affected. Upon the employee' s dated, written request to the City • Clerk, filed within five (5) working days of receipt of the statement of reasons , an employee shall be granted a hearing before the City Council, said hearing to be held not later than ten (10) days from the date of filing of a request for hearing. 203 .14 Retirement. The normal mandatory retirement age for all municipal employees shall be seventy (70) years of age. In special cases, work extensions to employees will be granted by the City Council after the age of seventy (70) years only when it is in the best interests of the municipality to do so. Extension requests will be dealt with on the basis of the facts in each individual case. Any employee requesting extension shall demonstrate physical, mental and emotional fitness to perform his work , by way of yearly physical examination. Department heads shall be consulted, and any pertinent facts regarding the work performance of the employee requesting an extension of retirement age may be considered in determining disposition of this request. An employee desiring a work extension past the age of 411 seventy (70) years shall submit the request in writing to the City Council not less than six (6) months prior to their seventieth (70th) birthdate. In the absence of approved work extension, employees shall retire from 411 employment not later than December 31st, following their seventieth (70th) birthdate. 203 .15 Seniority. A. Seniority shall be determined by the employee' s length of continuous employment with the City and posted in an appropriate location. Seniority rosters may be maintained by the City on the basis of time in grade and time within a specific classification. B. During the probationary period, a newly hired or rehired employee may be discharged at the sole discretion of the City Council. During the probationary period, a promoted or re-assigned employee may be replaced in his previous position at the sole discretion of the City Council. C. 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 with two (2) years of the time of his layoff before any new employee is hired. • D. Vacation periods shall be selected on the basis of seniority until March 15th of each calendar year. E. Seniority shall prevail. Senior qualified employees shall have first preference on the job. 203 .16 Severence 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. 203 .17 Extra Vacation Pay. Any employee who maintains a sick leave balance of one hundred (100) days annually shall receive one ( 1) additional day' s vacation per year. S 411 410 410 203 . 18 Longevity Pay. Based on the satisfactory performance of assigned duties, each employee shall be entitled to longevity pay, above base pay, as follows: A. After Four (4) years - 3% of salary per month B. After Eight (8) years - 5% of salary per month C. After Twelve (12) years - 7% of salary per month D. After Sixteen (16) years - 9% of salary per month 203 .19 Effective Date. This ordinance shall be in full force and effect from and after its passage and publication as provided by law. Clerk Mayor • Passed by the City Council: March 14 , 1983 Published: April 12, 1983 1 fr"; 1304 • AN ORDINANCE REGULATING THE PLANTING, MAINTENANCE, AND REMOVAL OF TREES IN THE PUBLIC STREETS, PARKWAYS, AND OTHER MUNICIPAL-OWNED PROPERTY: ESTABLISHING A MUNICIPAL ARBORIST AS THE AGENCIES PRESCRIBING REGULATIONS RELATING TO THE PLANTING, MAINTENANCE AND REMOVAL OF TREES IN PUBLIC PLACES: PROVIDING FOR THE ISSUING OF PERMITS FOR THE PLANTING, MAINTENANCE, AND REMOVAL OF TREES IN PUBLIC PLACES: PROVIDING FOR THE PRUNING AND REMOVAL OF TREES ON PRIVATE PROPERTY WHICH ENDANGER PUBLIC SAFETY: AND PRESCRIBING PENALTIES FOR VIOLATIONS OF ITS PROVISIONS. THE CITY COUNCIL OF THE CITY OF OAK PARK HEIGHTS, WASHINGTON COUNTY, MINNESOTA, DOES ORDAIN: 1304. 01 Short Title. This ordinance shall be known and may be cited as the Municipal Tree Ordinance of the City of Oak Park Heights, County of Washington, State of Minnesota. 1304 . 02 Definitions. For the purpose of this ordinance the following terms, phrases, words, and their derivations shall have the meaning given herein. When not inconsistent with the context, words used in the present tense include the future, words in the plural include the singular, and • words in the singular include the plural. The word SHALL is mandatory and not merely directory. A. MUNICIPALITY is the City of Oak Park Heights, County of Washington, State of Minnesota. B. PARK AND STREET TREES DEPARTMENT is the department of "Parks and Street Trees" , "Parks and Forestry" , "Forestry" , "Street Trees" or other designated department of the City under whose jurisdiction park and/or street trees fall. C. MUNICIPAL ARBORIST is the Municipal Arborist, Forester, Tree Warden, or other qualified designated official of the Ci of Oak Park Heights, assigndd to carry out th enforcement of this ordinance. D. PERSON is any person , firm, partnership, association, corporation, company or organizeion of any kind. E. STREET OR HIGHWAY means the entire width of every public way or right-of-way when any part thereof is open to the use of the public, as a matter of right, for purposes of vehicular and pedestrian • traffic. 5 i F. PARK shall include all public parks having • individual names. G. PUBLIC PLACES shall include all other grounds owned by the City of Oak Park Heights. H. PROPERTY LINE shall mean the outer edge of a street or highway. I. TREE LAWN is that part of a street or highway, not covered by sidewalk or other paving, lying between the property line and that portion of the street or highway usually used for vehicular traffic. J. PUBLIC TREES shall include all shade and ornamental trees now or hereafter growing on any street or any public areas where otherwise indicated. K. LARGE TREES are designated as those attaining a height of forty-five (45) feet or more. L. MEDIUM TREES are designated as those attaining a height of thirty (30) to forty-five (45) feet. M. SMALL TREES are designated as those attaining a • height of twenty (20) to thirty (30) feet. N. PRINCIPAL THOROUGHFARE shall mean any street upon which trucks are not prohibited. 0. PROPERTY OWNER shall mean the person owning such property as shown by the County Auditor' s Plat of Washington County, State of Minnesota. 1304.03 Appointment and Qualifications of the Municipal Arborist. The Municipal Arborist shall be appointed by the City Council. Upon satisfactory completion of a six (6) months probationary period he shall hold office at the pleasure of the Council. He shale be a person skilled and trained in the ' arts and s#ences of municipal arboriculture, and shall hold a co\.lege degree or its equivalent in arboriculture, ornamental or landscape horticulture, urban forestry, or other closely related field. If, in the State of Minnesota there is a State Arborist Examining Board, he shall have passed the State examination. He shall have had at least three (3) years experience in municipal shade tree work or its equivalent. 1304 . 04 Salary. • The Municipal Arborist shall receive a salary established by Council resolution from time to time. 110 1304 . 05 Duties. The Municipal Arborist shall have the authority to promulgate the rules and regulations of the Arboricultural Specifications and Standards of Practice governing the planting , maintenance , removal , fertilization, pruning, and bracing of trees on the streets or other public sites in the municipality, and shall direct, regulate, and control the planting, maintenance, and removal of all trees growing now or hereafter in any public area of the City of Oak Park Heights. He shall cause the provisions of this ordinance to be enforced. In his absence these duties shall be the responsibility of a qualified alternate designated by the municipality. 1304 .06 Authority of the Municipal Arborist. A. The Municipal Arborist shall have the authority and jurisdiction of regulating the planting , maintenance, and removal of trees on streets and other publicly owned property to insure safety or preserve the aesthetics of such public sites. B. SUPERVISION. The Municipal Arborist shall have the authority and it shall be his duty to supervise or inspect all work done under a permit issued in accordance with the terms of this • C. ordinance. CONDITION OF PERMIT. The Municipal Arborist shall have the authority to affix reasonable conditions to the granting of a permit in accordance with the terms of this ordinance. D. MASTER STREET TREE PLAN. The Municipal Arborist shall have the authority to formulate a Master Street Tree Plan with the advice, a hearing, and approval of the City Council. The Master Street Tree Plan shall specify the species of tree to be planted on each of the streets or other public sites of the municipality. From and after the effective date of the Master Street Tree Plan, or any amendment thereof, all planting shall conform thereto. 1 . The Municipal Arborist shall consider all existing and future utility and environmental factors when recommending a specific species for each of the street and other public sites of the municipality. 2 . AMEND. The Municipal Arborist, with the approval of the City Council shall have the authority to amend or add to the Master Street Tree Plan at any time that circumstances make it advisable. • 411 1304. 07 Permits Required. • A. PLANTING, MAINTENANCE, OR REMOVAL. person shall plant, spray, fertilize, erse ; prune, remove, cut above ground, or G therwise disturb any tree on any street or municipal-owned property without first filing an application and procuring a permit from the Municipal Arborist or otherwise specified municipal authority. The person receiving the . permit shall abide by the Arboricultural Specifications and Standards of Practice adopted by the Municipal Arborist. 2. Application for permits must be made at the office of the City Clerk not less than forty-eight (48) hours in advance of the time the work is to be done. 3 . STANDARDS OF ISSUANCE. The Municipal Arborist shall issue the permit provided for herein if, in his judgment, the proposed work is desirable and the proposed method and workmanship thereof are of a satisfactory nature. Any permit granted shall contain a definite date of expiration and the work shall be completed in the time allowed on the permit and in the manner as therein described. • Any permit shall be void if its terms are violated. 4. Notice of completion shall be given within five (5) days to the Municipal Arborist for his inspection. B. Planting. 1 . APPLICATION DATA. The application required herein shall state the number of trees to be set out; the location, grade, species, cultivar or variety of each tree; the method of planting; and such other information as t•he Municipal Arborist shall find reasonably necessary to a fair determination of whether a permit should be issued. 2. IMPROPER PLANTING. Whenever any tree shall be planted or set out in conflict with the provisions of this section, it shall be lawful for the Municipal Arborist to remove or cause removal of the same, and the exact cost thereof shall be assessed to the owner as provided by law in the case of special assessments. C. Maintenance. • • 1 . Application Data. The application required herein shall state the number and kinds of trees 4 1 to be sprayed, fertilized, pruned, or otherwise • preserved ; the kind of treatment to be administered; the composition of the spray material to be applied; and such other information as the Municipal Arborist shall find reasonably necessary to a fair determination of whether a permit should be issued. D. Removal, Replanting, and Replacement. 1 . Wherever it is necessary to remove a tree or trees from a treelawn in connection with the paving of a sidewalk, or the paving or widening of the portion of a street or highway used for vehicular traffic, the municipality shall replant such trees or replace them. Provided that conditions prevent planting on treelawns, this requirement will be satisified if any equivalent number of trees of the same size and species as provided for the Arboricultural Specifications are planted in an attractive manner on the adjoining property. 2. No person or property owner shall remove a tree from the treelawn for the purpose of construction, or for any other reason, without first filing an application and procuring a permit from the Municipal Arborist, and without replacing the removed tree or trees in accordance with the • adopted Arboricultural Specifications. Such replacement shall meet the standards of size, species , and placement as provided for in a permit issued by the Municipal Arborist. The person or property owner shall bear the cost of removal and replacement of all trees removed. 1304 . 08 Obstruction - Trees Pruned. It shall be the duty of any person or persons owning or occupying real property bordering on any street upon which property there may be trees, to prune such trees in such manner that they will not obstruct or shade the street lights, obstruct the passage of pedestrians on sidewalks, obstruct vision of traffic signs , or obstruct view of any 'street or alley intersection. The minimum clearance of any overhanging portion thereof shall be ten (10) feet over sidewalks, and twelve (12) feet over all streets except truck thoroughfares which shall have a clearance of sixteen (16) feet. A. NOTICE TO PRUNE. Should any person or persons owning real property bordering on any street fail to prune trees as herein above provided, the Municipal Arborist shall order such person or persons, within three (3) days after receipt of written notice, to so prune trees. . • 110 B. ORDER REQUIRED. The order required herein shall • be served by mailing a copy of the order to the last known address of the property owner, by certified mail. C. FAILURE TO COMPLY. When a person to whom an order is directed shall fail to comply within the specified time, it shall be lawful for the municipality to prune suchtrees, and the exact cost thereof shall be assessed to the ownerras provided by law in the case of special assessments. 1304. 09 Abuse or Mutilization of Public Trees. Unless specifically authorized by the Municipal Arborist, no person shall intentionally damage, cut, carve, transplant, or remove any tree; attach any rope, wire, nails , advertising poster, or other contrivance to any tree, allow any gaseous liquid, or solid substance which is harmful to such trees to come in contact with them; or set fire or permit any fire to burn when such fire or heat thereof will injure any portion of any tree. 1304 . 10 Interference with Municipal Arborist. No person shall hinder, prevent, delay or interfere 111 with the Municipal Arborist or any of his assisstants while engaged in carrying out the execution or enforcement of this ordinance; provided, however, that nothing herein shall be construed as an attempt to prohibit the pursuit of any remedy, legal or equitable, in any court of competent jurisdiction for the protection of property rights by the owner of any property within the municipality. 1304. 11 Protection of Trees. All trees on any street or other publicly owned property near any excavation or construction of any building structure, or street work, shall be guarded with a good substantial fence, frame, or box not less than four (4) feet high and eight (8) feet square, or a distance in feet from the tree equal to the diameter or the trunk in inches D.B.H. , which ever is greater, and all building material, dirt, or other debris shall be kept outside the barrier. No person shall excavate any ditches, tunnels, , trenches, or lay any drive within a radius of ten (10) feet from any public tree without first obtaining a written permit from the Municipal Arborist. 1304 . 12 Placing Materials on Public Property. • No person shall deposit, place, store, or maintain upon any public place of the municipality, any stone, brick, • 410 sand, concrete, or other materials which may impede the free passage of water, air, and fertilizer to the roots • of any tree growing therein, except by written permit of the Municipal Arborist. 1304 . 13 Creation of a City Tree Board. There is hereby created and established in the City of Oak Park Heights a City Tree Board which shall consist of five members composed of citizens and residents of the City of Oak Park Heights who shall be , appointed by the Mayor with the advice and consent of the City Council. A. Term of Office. The term of the five persons to be appointed by the Mayor shall be three years, except that the term of two of the members appointed to the first board shall be for only two years. In the event that a vacancy shall occur during the term of any member, his successor shall be appointed by the Mayor for the unexpired portion of the term. B. Compensation. Members of the Tree Board shall serve without compensation. C. Purpose, Duties and Responsibilities. It shall be the purpose and responsibility of the Tree Board to study, investigate, counsel and develop and/or • update annually, and administer a written plan for the care , preservation, pruning , planting , replanting, removal or disposition of trees and shrubs in parks, along streets and in other public areas. Such plan will be presented annually to the City Council and upon their acceptance and approval shall constitute the official Comprehensive City Tree Plan for the City of Oak Park Heights , Washington County, State of Minnesota. The Tree Board, when requested by the City Council, shall consider, investigate and make findings, reports and recommendations to the City Council upon any special matter of question coming within the scope of its work. D. Operation. The Board shall choose its own officers, make its own rules and regulations and keep a journal of its proceedings. A majority of the members shall be quorum for the transaction of any business. E. Interference with City Tree Board. It shall be unlawful for any person to prevent, delay or otherwise interfere with the City Tree Board or any of its agents while engaging in and about the City of Oak Park Heights for the purposes set i • forth herein. • F. Review by City Council . The City Council shall review the conduct, acts and decisions of the Ctiy Tree Board from time to time. No decision or recommendation from the City Tree Board shall be final unless approved by the City Council. 1304 . 14 Legality of Ordinance and Parts Thereof. Should any section, clause, or provisions of this ordinance be declared by the courts to be invalid, the same shall not affect the validity of the ordinance as a whole, or parts thereof, other than the part so declared to be invalid. 1304 . 15 Violation and Penalty. Any person, firm, or corporation violating or failing to comply with any of the provisions of this ordinance shall be guilty of a misdemeanor, and upon conviction thereof shall be fined a sum not more than $500.00, or may be imprisoned for a term not exceeding 90 days, or both. 110 Clerk Mayor Passed by the City Council: April 13, 1981 Published: April 17, 1981 III) 4 • • • 1401 /6'/ REGULATION OF WAGON VENDORS P5 AN ORDINANCE REGULATING WAGON VENDORS, ESTABLISHING PERMIT FEES AND PROVIDING PENALTIES FOR VIOLATION. THE CITY COUNCIL OF THE CITY OF OAK PARK HEIGHTS, WASHINGTON COUNTY, MINNESOTA, DOES ORDAIN: 1401 . 01 Purpose and Intent. This ordinance is adopted for the purpose of protecting the public health, safety, morals, comfort, convenience and general welfare of the citizens of the City of Oak Park Heights, by regulating the activities of wagon vendors on the public streets of the City of Oak Park Heights. It is not intended by the provisions of this ordinance to abrogate, in any way, the provisions of Minnesota Statutes regarding the licensing of the sale of food, but it is deemed essential for the Oak Park Heights City Council to require the issuance of a permit in order to control the hours and routes of operation of vehicles dispensing or vending confections and to assure that insurance and other safety requirements, as set forth herein, have been complied with. 110 1401 .02 Permit Required. No owner or operator of any vehicle which is used for the purpose of offering for sale, dispensing or vending ✓ 0 goods or confections, including but not limited to popcorn, soft drinks and ice cream directly from such )'- Wt. vehicle, shall carry on such dispensing or vending activity on the public streets of the City of Oak Park 4 Heights unless such vehicle is licensed by the State of Minnesota and unless the provisions of this ordinance have been met. This ordinance shall not apply to persons using vehicles for the delivery of, as distinguished from offering for sale, goods or services directly to homes or establishments where the goods are taken by the operator of the vehicle onto private or public property for delivery. The permit shall be required, however, to assure compliance with the provisions of this ordinance for any mobile unit being used on the public streets for the purpose of vending or dispensing as aforesaid. 1401 . 03 Application for Permit. Application for a wagon vendor' s permit shall be made to the City Clerk on a form to be provided by the City. The application shall describe the vehicle from which 410 said vending operations will be carried on and shall give the names of the persons interested in said business. It shall describe the types of confections I 411 410 or other goods which will be sold from said vehicle. The applicant shall also set forth the names of the insurers providing liability coverage on the vehicle and the amount of coverage carried and shall contain the proposed hours and routes of operation. The application shall be for a specific vehicle and shall contain the name, signature and address of the owner, a description of the vehicle including the serial number, the Minnesota vehicle license number, the make and model of the vehicle, and the number of the license issued by the Commissioner of Agriculture for the sale of food. 1401 .04 Permit Fee. The applicant applying for a wagon vendor' s permit shall, before being issued a permit, pay to the City Clerk such sum as shall be established by City Council resolution. The application shall be approved by the City Council. The permit shall be nontransferable and all permits shall be for a period of one year and shall expire on the 31st day of December of each year. 1401 .05 Hours and Routes. No owner or operator issued a permit for vending and 410 dispensing as aforesaid shall carry on such activities in the City of Oak Park Heights except between the ✓hours ' of 1 : 00 P.M. to 4: 00 P.M. and 6:30 P.M. to 9: 30 P.M. More than ten days before the commencement of his operations, the applicant shall file with the Chief of Police a proposed route or routes over which the vehicle will travel each day within the City. The applicant shall follow such route while operating within the City. Proposed changes shall be filed with the Chief of Police at least ten days in advance of making such changes. If the Chief of Police shall disapprove of such routes, the applicant may appeal the ruling of the Chief to the City Council for determination. Only such routes shall be approved as will minimize the hazard to persons who may be customers to such vehicle and which will minimize traffic difficulties which may arise out of such operations. 1401.06 Safety Requirements. Every applicant shall maintain liability insurance in the amount of at least $100, 000.00 for single injuries and $300, 000.00 for each accident, together with at least $10, 000.00 property insurance. Vehicles must be parked at the curb while engaging in vending operations and vending shall be done only at the curb side of the vehicle. Each vehicle must be equipped with flashing lights on both the front and rear of the vehicle clearly visible to oncoming traffic in full daylight. w• 110 • 1401 . 07 Revocation. Every such permit may be revoked by the City Council for violation of any provision of this ordinance if the permittee has been given reasonable notice and opportunity to be heard. 1401 . 08 Severability of Invalid Provisions. If any provision of this ordinance shall be held invalid, its invalidity shall not affect any other provisions of this' ordinance that can be given effect without the invalid provision, and for this purpose the provisions of this ordinance are hereby declared to be severable. 1401. 09 Penalty. Violation of this ordinance shall be a misdemeanor and may be punishable by a fine not to exceed $500 .00 or imprisonment not to exceed ninety (90) days, or both. Each separate day such violation is continued shall constitute a separate offense. 1401 . 10 Effective Date. This ordinance shall be in full force and effect from and after its passage and publication according to law. 111 Clerk Mayor • Passed by the City Council: March 10, 1980 Published: May 9, 1980