HomeMy WebLinkAbout10-22-2019 Council Packet CITY OF OAK PARK HEIGHTS
TUESDAY, OCTOBER 22, 2019
CITY COUNCIL MEETING AGENDA
6:00 PM AT CITY HALL
6:00 p.m. L Call to Order/Pledge of Allegiance/Approval of Agenda
Estimated
times
6:00 p.m. IL Council/Staff Reports
A. Mayor McComber
B. Councilmember Dougherty
C. Councilmember Johnson
D. Councilmember Liljegren
E. Councilmember Runk
F. Staff
• Recycling Award(pg. 3)
6:05 p.m. III. Visitors/Public Comment
This is an opportunity for the public to address the Council with questions or concerns on issues not part of the regular agenda(Please
limit comments to 3 minutes in length).
6:10 p.m. IV. Consent Agenda_ (Roll Call Vote)
A. Approve Bills & Investments
B. Approve City Council Worksession Notes— October 8, 2019 (pg. 5)
C. Approve City Council Minutes— October 8, 2019 (pg. 7)
D. Approve Redpath and Company, Auditing Services for December 31, 2019 (pg.
11)
E. Adopt City Policy on Funding for Travel, Conferences and Schools for Elected
Officials—Effective January 1, 2020 (pg. 23)
6:10 p.m. V. Public Hearings
6:10 p.m. VI. Old Business
A. Detachment and Annexation— Oak Park Heights and Stillwater Areas —Consider
Required Final Resolutions (pg. 49)
6:15 p.m. VII. New Business
A. Consider Ordinance 1206—Penalties for Unlawful Sale of Alcohol (pg. 71)
B. 95 Gallon Solid Waste Container—Policy & Ordinance Amendment(pg. 77)
C. Communication to Rep. Marquart— City Policy Comments (pg. 89)
D. Request Comments from City Council on Various Policies (pg. 91)
6:40 p.m. VIII. Other Council Items or Announcements
Please mute or silence any cell phones,computers or other devices during meeting—Thank You.
Pagel of 92
Agenda
October 22,2019
Page 2
6:40 p.m. IX. Ad1 ournment
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P?,
Oak Park Heights
Request for Council Action
Meeting Date October 22, 2019
Agenda Item Recycling Award
Time Req. 0
Agenda Placement Staff Reports
Originating Department/Requestor Administration/Jennifer Pinski
Requester's Signature
Action Requested Receive Information
Background/Justification (Please indicate any previous action has been taken or if other public
bodies have been advised).
See attached.
Page 3 of 92
City Of
Oak Park Heights
14168 Oak Park Blvd.N•Oak Park Heights,MN 55082•Phone(651)4394439•Fax(651)439-0574
October 11, 2019
Janine Harvieux
5632 Oak Cove N
Oak Park Heights, MN 55082
Dear Ms. Harvieux:
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, October 10, 2019, to determine if you
had your recycling bin out with your regular garbage. Your recycling was out and
ready for collection; therefore, you are one of this month's winners. Please contact
me via phone at 439-4439 or email at jpinski@cityofoakparkheights.com to let me
know your choice of award.
On behalf of the Oak Park Heights City Council, thank you for participating in the
City's recycling program.
Con ratulati s!
Jennifer Pinski
City Clerk
TREE CITY U.S.A.
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Oak Park Heights
Request for Council Action
Meeting Date October 22, 2019
Agenda Item Approve City Council Worksession Notes—October 8, 2019
Time Req. 0
Agenda Placement Consent
Originating Department/Requestor Administration/Jennifer Pinski
Requester's Signaturez,, L0 .2�11
Action Requested Approve
Background/Justification(Please indicate any previous action has been taken or if other public
bodies have been advised).
See attached.
Page 5 of 92
CITY OF OAK PARK HEIGHTS
CITY COUNCIL WORKSESSION NOTES
TUESDAY,OCTOBER 8,2019
Present: Mayor McComber,Councilmembers Dougherty,Johnson, Liljegren, and Runk; City
Administrator Johnson,Attorney Kevin Sandstrom, Police Chief DeRosier,City Planner Richards, City
Engineer Mann,and City Clerk Pinski. Absent: None.
1. Call to Order: Mayor McComber called the meeting to order at 5:30 p.m.
2. Large Format Billboard Signs: City Administrator Johnson reported that he reached out to
Outfront Sign Co.to receive some concepts,which they provided along with an estimate of
$65,000 to $75,000 in revenue for the City. Councilmember Runk said he was concerned that
having a billboard on the property might reduce the value of that property more than the City
could get for revenue. City Planner Richards said there would be some zoning issues to address.
Councilmember Dougherty thought the City was better off selling the property rather than having
a billboard placed on it. Mayor McComber said there was no need to take action.
No action was taken.
3. Council Travel Policy: City Administrator Johnson provided a draft policy in the meeting
packet. McComber suggested the policy not be too specific in 2.c. City Attorney Sandstrom
suggested rewording the policy to say that one-day local events under a certain dollar amount and
no overnights shouldn't have to come to council for approval to attend. City Administrator
Johnson said he would add that language as 2.d. Councilmember Johnson asked for clarification
on meal reimbursements. City Administrator Johnson clarified that meals would not be
reimbursed if they were already included in the event fee.
No action was taken.
4. Update on 2019 City Goals: Mayor McComber reported she received notice of a meeting at
WITC—New Richmond for October 9 at 6:00 p.m. with the Canadian National Railway. She said
representatives from the Cities of New Richmond and Star Prairie reached out to her and wanted
to know what the City of Oak Park Heights thought about potential additional truck traffic with a
rail terminal being proposed in New Richmond. She said she was going to try to attend the
meeting.
Regarding the policy related to emergency response calls, Police Chief DeRosier provided the
City Council a copy of a spreadsheet on emergency response calls for a duration of the summer
showing what the call was about,who responded, and how it was handled. He said a draft policy
was in the meeting packet.
City Administrator Johnson provided the City Council with a spreadsheet outlining progress on
their goals list. He reviewed the spreadsheet.
No action was taken.
5. Adjourn: The meeting was adjourned at 6:04 p.m.
Page 6 of 92
�P,
Oak Park Heights
Request for Council Action
Meeting Date October 22, 2019
Agenda Item Approve City Council Minutes—October 8, 2019
Time Req. 0
Agenda Placement Consent
Originating Department/Requestor Administration/Jennifer Pinski
Requester's Signature
Action Requested Approve
Background/Justification (Please indicate any previous action has been taken or if other public
bodies have been advised).
See attached.
Page 7 of 92
CITY OF OAK PARK HEIGHTS
TUESDAY, OCTOBER 8, 2019
CITY COUNCIL MEETING MINUTES
I. Call to Order/Pledge of Allegiance/Approval of Agenda: Mayor McComber
called the meeting to order at 6:08 p.m. Present: Councilmembers Dougherty,
Johnson, Liljegren and Runk. Staff present: City Administrator Johnson, City
Clerk Pinski, Police Chief DeRosier, City Attorney Kevin Sandstrom, City
Planner Richards, and City Engineer Mann. Absent: None.
Councilmember Liljegren, seconded by Councilmember Runk, moved to approve
the Agenda. Carried 5-0.
II. Council/Staff Reports:
A. Mayor McComber: She reported she had two conference calls scheduled
for the following day: NLC Transportation and the Center for Energy and
Environment, and she was hoping to attend the meeting with Canadian
National Railway at WITC—New Richmond. She said she would be
attending the Minnesota Association of Small Cities Board of Directors
Retreat that Friday and Saturday, and the following week she would be
attending the League of Minnesota Cities Board of Directors meeting and
the JAZB meeting. She also reported it was Fire Prevention Week and the
Bayport Fire Department would be holding an open house on Saturday,
October 12 from 9 a.m. to noon.
B. Councilmember Dougherty: No report.
C. Councilmember Johnson: No report.
D. Councilmember Liljegren: He reported the Planning Commission meeting
for October 10 was cancelled.
E. Councilmember Runk: He reported the Middle St. Croix Watershed
Management Organization meeting for October 10 was cancelled.
F. Staff City Clerk Pinski reported that Sonny Heinrich of 14088 53rd Street
North was chosen as the recycling award winner. She also provided the
Fall Clean-up Day report.
III. Visitors/Public Comment:
IV. Consent Agenda:
A. Approve Bills & Investments
B. Approve City Council Worksession Notes—September 24, 2019
C. Approve City Council Minutes—September 24, 2019
D. Approve Corrected Claims Report for September 24, 2019
Page 8 of 92
City Council Meeting Minutes
October 8, 2019
Page 2 of 2
E. Approve Letter of Support for Chuck LeRoux—Appointment to BCWD
Board
F. Adopt Resolution Approving Gambling Premises Permit Application by
Stillwater Area Hockey Association at Muddy Cow
Councilmember Runk, seconded by Councilmember Dougherty, moved to
approve the Consent Agenda. Roll call vote taken. Carried 5-0.
V. Public Hearings: None
VI. Old Business: None
VII. New Business: None
VIII. Other Council Items or Announcements: None
IX. Closed Session
A. Land Acquisition for Backage Road: City Attorney Sandstrom reported
that the City Council would go into a closed session authorized under
Minnesota Statute 13d, Subdivision 3(c)(3)to discuss an offer to purchase
land for a proposed backage road described as the far end of the parking
lot of the retail development containing Kohl's,Michaels, T.J. Maxx, and
Pier 1.
Councilmember Runk, seconded by Councilmember Liljegren, moved to
close the meeting at 6:13 p.m. Carried 5-0. Councilmember Liljegren left
the meeting and was not present for the closed session. Mayor McComber
recalled the open meeting at 6:35 p.m. City Attorney Sandstrom reported
that the City Council discussed organizing a public meeting with the
tenants. No formal action was taken.
X. Adiourn: Councilmember Runk, seconded by Councilmember Dougherty,moved
to adjourn at 6:36 p.m. Carried 4-0.
Respectfully submitted, Approved as to Content and Form,
Jennifer Pinski Mary McComber
City Clerk Mayor
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Oak Park Heights
Request for Council Action
Meeting Date:_October 22, 2019
Agenda Item Title Approve Redpath and Company Auditing Services for December
31, 2019 Time Required 1 min
Agenda Placement Consent
Originating Department/Requestor Finance-Betty Caruso Finance Director
Requester's Signature 4&1Y
Action Requested Approve auditing services contract with Redpath and Company.
For December 31 2019.
Background/Justification (Please indicate any previous action, financial
implications including budget information and recommendations).
I have received the standard engagement letter for auditing services for the year
ending December 31, 2019, from Redpath and Company.
Redpath and Company is proposing a $1,100 increase in fees for completing the
audit for 2019, a total contract of$41,000. This fee is split between the General
Fund, Water Utility Fund, and Sewer Utility Fund.
Additional fees of approximately $1500 will be incurred due to the assistance of
Redpath in the calculations of the GASB 68, Accounting and Financial Reporting for
Pensions.
Redpath and Company are very experienced with the City and its finance
operations. This is so beneficial to staff as it requires less interruptions and
disturbances of our records.
The auditors are scheduled later this year due to the change of the accountant
position. It being the first year for Kari Zegarsksi assisting in preparing the audit
workpaper and it will require more research time for her. I've scheduled the
fieldwork for March 30-April 3 and council presentation either late April or early
May. (approximately a 2 week delay compared to 2018 audit.)
I recommend to approve this contract with Redpath and Company, the consistency
of the high level of service they provide is a benefit to both council and staff.
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ANO C O M PAN Y
July 31,2019
City of Oak Park Heights
14168 Oak Park Boulevard
P.O. Box 2007
Oak Park Heights,MN 55082-2007
We are pleased to confirm our understanding of the services we are to provide the City of
Oak Park Heights,Minnesota(the City)for the year ending December 31,2019. The scope
of services includes the following:
Audit and Related Services
• We will audit the financial statements of the governmental activities,the business-
type activities, each major fund, and the aggregate remaining fund information,
including the related notes to the financial statements,which collectively comprise
the basic financial statements of the City of Oak Park Heights,Minnesota as of and
for the year ending December 31,2019. Accounting standards generally accepted in
the United States of America provide for certain required supplementary information
(RSI), such as management's discussion and analysis (MD&A),to supplement the
City's basic financial statements. Such information,although not a part of the basic
financial statements, is required by the Governmental Accounting Standards Board
who considers it to be an essential part of financial reporting for placing the basic
financial statements in an appropriate operational,economic,or historical context. As
part of our engagement,we will apply certain limited procedures to the City's RSI in
accordance with auditing standards generally accepted in the United States of
America. These limited procedures will consist of inquiries of management regarding
the methods of preparing the information and comparing the information for
consistency with management's responses to our inquiries,the basic financial
statements,and other knowledge we obtained during our audit of the basic financial
statements. We will not express an opinion or provide any assurance on the
information because the limited procedures do not provide us with sufficient evidence
to express an opinion or provide any assurance. The following RSI is required by
U.S.generally accepted accounting principles and will be subjected to certain limited
procedures, but will not be audited:
1. Management's discussion and analysis
2. Budgetary comparison schedules presented as RSI
3. Pension Related RSI(GASB 68)
55 511 Street East, Suite 1400, St. Paul, MN, 55101 www.redpathcpas.com
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City of Oak Park Heights
Contract for Auditing Services
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We have also been engaged to report on supplementary information other than RSI
that accompanies the City's financial statements. We will subject the following
supplementary information to the auditing procedures applied in our audit of the
financial statements and certain additional procedures, including comparing and
reconciling such information directly to the underlying accounting and other records
used to prepare the financial statements or to the financial statements themselves,and
other additional procedures in accordance with auditing standards generally accepted
in the United States of America and we will provide an opinion on it in relation to the
financial statements as a whole in a report combined with our auditors report on the
financial statements:
1. Combining and Individual Nomajor Fund Statements and Schedules
The following other information accompanying the financial statements will not be
subjected to the auditing procedures applied in our audit of the financial statements,
and our auditor's report will not provide an opinion or any assurance on that other
information:
o Introductory section
o Statistical section
The following other reports will be issued in conjunction with the financial audit:
• State Legal Compliance Audit
Nonaudit Services
• Preparation of draft financial statements document.
• Copying and binding of financial statement document.
• GASB 68 pension calculations.
_Audit Objectives
The objective of our audit is the expression of opinions as to whether your financial
statements are fairly presented, in all material respects, in conformity with U.S. generally
accepted accounting principles and to report on the fairness of the supplementary information
referred to in the second paragraph when considered in relation to the financial statements as
a whole. Our audit will be conducted in accordance with auditing standards generally
accepted in the United States of America and the standards for financial audits contained in
Government Auditing Standards, issued by the Comptroller General of the United States, and
will include tests of the accounting records of the City and other procedures we consider
necessary to enable us to express such opinions. We will issue a written report upon
completion of our audit of the City's financial statements. Our report will be addressed to
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the Honorable Mayor and Members of the City Council of the City of Oak Park Heights,
Minnesota. We cannot provide assurance that unmodified opinions will be expressed.
Circumstances may arise in which it is necessary for us to modify our opinions or add
emphasis-of-matter or other-matter paragraphs. If our opinions are other than unmodified,
we will discuss the reasons with you in advance. If, for any reason,we are unable to
complete the audit or are unable to form or have not formed opinions, we may decline to
express opinions or issue reports, or may withdraw from this engagement.
We will also provide a report(that does not include an opinion)on internal control
related to the financial statements and compliance with the provisions of laws, regulations,
contracts, and grant agreements,noncompliance with which could have a material effect on
the financial statements as required by Government Auditing Standards. The report on
internal control and on compliance and other matters will include a paragraph that states (1)
that the purpose of the report is solely to describe the scope of testing of internal control and
compliance, and the result of that testing, and not to provide an opinion on the effectiveness
of the entity's internal control on compliance, and(2)that the report is an integral part of an
audit performed in accordance with Government Auditing Standards in considering the
entity's internal control and compliance. The paragraph will also state that the report is not
suitable for any other purpose. If during our audit we become aware that the City is subject
to an audit requirement that is not encompassed in the terms of this engagement,we will
communicate to management and those charged with governance that an audit in accordance
with U.S. generally accepted auditing standards and the standards for financial audits
contained in Government Auditing Standards may not satisfy the relevant legal,regulatory,
or contractual requirements.
Audit Procedures—General
An audit includes examining, on a test basis, evidence supporting the amounts and
disclosures in the financial statements; therefore, our audit will involve judgment about the
number of transactions to be examined and the areas to be tested. An audit also includes
evaluating the appropriateness of accounting policies used and the reasonableness of
significant accounting estimates made by management, as well as evaluating the overall
presentation of the financial statements. We will plan and perform the audit to obtain
reasonable assurance about whether the financial statements are free of material
misstatement,whether from(1)errors, (2)fraudulent financial reporting, (3)
misappropriation of assets, or(4)violations of laws or governmental regulations that are
attributable to the entity or to acts by management or employees acting on behalf of the
entity. Because the determination of abuse is subjective, Government Auditing Standards do
not expect auditors to provide reasonable assurance of detecting abuse.
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Because of the inherent limitations of an audit, combined with the inherent limitations of
internal control, and because we will not perform a detailed examination of all transactions,
there is a risk that material misstatements may exist and not be detected by us, even though
the audit is properly planned and performed in accordance with U.S. generally accepted
auditing standards and Government Auditing Standards. In addition, an audit is not designed
to detect immaterial misstatements or violations of laws or governmental regulations that do
not have a direct and material effect on the financial statements. However,we will inform
the appropriate level of management of any material errors, fraudulent financial reporting, or
misappropriation of assets that come to our attention. We will also inform the appropriate
level of management of any violations of laws or governmental regulations that come to our
attention,unless clearly inconsequential,and of any material abuse that comes to our
attention. Our responsibility as auditors is limited to the period covered by our audit and
does not extend to later periods for which we are not engaged as auditors.
Our procedures will include tests of documentary evidence supporting the transactions
recorded in the accounts, and may include tests of the physical existence of inventories, and
direct confirmation of receivables and certain other assets and liabilities by correspondence
with selected individuals, funding sources, creditors, and financial institutions. We may
request written representations from your attorneys as part of the engagement, and they may
bill you for responding to this inquiry. At the conclusion of our audit,we will require certain
written representations from you about your responsibilities for the financial statements;
compliance with laws,regulations, coinuacts, and grant agreements-, and other responsibilities
required by generally accepted auditing standards.
Audit Procedures—internal Controls
Our audit will include obtaining an understanding of the entity and its environment,
including internal control, sufficient to assess the risks of material misstatement of the
financial statements and to design the nature,timing, and extent of further audit procedures.
Tests of controls may be performed to test the effectiveness of certain controls that we
consider relevant to preventing and detecting errors and fraud that are material to the
financial statements and to preventing and detecting misstatements resulting from illegal acts
and other noncompliance matters that have a direct and material effect on the financial
statements. Our tests, if performed,will be less in scope than would be necessary to render
an opinion on internal control and, accordingly,no opinion will be expressed in our report on
internal control issued pursuant to Government Auditing Standards.
An audit is not designed to provide assurance on internal control or to identify significant
deficiencies or material weaknesses. Accordingly, we will express no such opinion.
However, during the audit,we will communicate to management and those charged with
governance internal control related matters that are required to be communicated under
AICPA professional standards and Government Auditing Standards.
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Audit Procedures—Compliance
As part of obtaining reasonable assurance about whether the financial statements are free
of material misstatement,we will perform tests of the City's compliance with the provisions
of applicable laws,regulations, contracts, agreements, and grants.However,the objective of
our audit will not be to provide an opinion on overall compliance and we will not express
such an opinion in our report on compliance issued pursuant to Government Auditing
Standards.
Other Services
We also assist in preparing the financial statements and related notes of City's in
conformity with U.S. generally accepted accounting principles based on information
provided by you. We will also assist in the calculation of pension related information. These
nonaudit services do not constitute an audit under Government Auditing Standards and such
services will not be conducted in accordance with Government Auditing standards. We will
perform the services in accordance with applicable professional standards. The other services
are limited to the financial statement services previously defined. We, in our sole
professional judgment,reserve the right to refuse to perform any procedure or take any action
that could be construed as assuming management responsibilities.
Management Responsibilities
Management is responsible for designing, implementing, establishing, and maintaining
effective internal controls, relevant to the preparation and fair presentation of financial
statements that are free from material misstatements,whether due to fraud or error, and for
evaluating and monitoring ongoing activities,to help ensure that appropriate goals and
objectives are met; following laws and regulations; and ensuring that management is reliable
and financial information is reliable and properly reported. Management is also responsible
for implementing systems designed to achieve compliance with applicable laws,regulations,
contracts, and grant agreements. You are also responsible for the selection and application of
accounting principles, for the preparation and fair presentation of the financial statements and
all accompanying information in conformity with U.S. generally accepted accounting
principles, and for compliance with applicable laws and regulations and the provisions of
contracts and grant agreements.
Management is also responsible for making all financial records and related information
available to us and for the accuracy and completeness of that information. You are also
responsible for providing us with(1)access to all information of which you are aware that is
relevant to the preparation and fair presentation of the financial statements, (2)additional
information that we may request for the purpose of the audit, and(3)unrestricted access to
persons within the government from whom we determine it necessary to obtain audit
evidence.
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Your responsibilities include adjusting the financial statements to correct material
misstatements and for confirming to us in the written representation letter that the effects of
any uncorrected misstatements aggregated by us during the current engagement and
pertaining to the latest period presented are immaterial,both individually and in the
aggregate,to the financial statements taken as a whole.
You are responsible for the design and implementation of programs and controls to
prevent and detect fraud, and for informing us about all known or suspected fraud affecting
the government involving (1)management, (2)employees who have significant roles in
internal control, and(3) others where the fraud could have a material effect on the financial
statements. Your responsibilities include informing us of your knowledge of any allegations
of fraud or suspected fraud affecting the government received in communications from
employees, former employees, grantors,regulators, or others. In addition,you are
responsible for identifying and ensuring that the entity complies with applicable laws,
regulations, contracts, agreements, and grants and for taking timely and appropriate steps to
remedy fraud and noncompliance with provisions of laws, regulations, contracts or grant
agreements, or abuse that we report.
You are responsible for the preparation of the supplementary information,which we have
been engaged to report on, in conformity with U.S. generally accepted accounting,principles.
You agree to include our report on the supplementary information in any document that
contains and indicates that we have reported on the supplementary information. You also
agree to include the audited financial statements with any presentation of the supplementary
information that includes our report thereon. Your responsibilities include acknowledging to
us in the written representation letter that(1)you are responsible for presentation of the
supplementary information in accordance with GAAP; (2)you believe the supplementary
information, including its form and content, is fairly presented in accordance with GAAP; (3)
the methods of measurement or presentation have not changed from those used in the prior
period(or, if they have changed,the reasons for such changes); and(4)you have disclosed to
us any significant assumptions or interpretations underlying the measurement or presentation
of the supplementary information.
Management is responsible for establishing and maintaining a process for tracking the
status of audit findings and recommendations. Management is also responsible for
identifying and providing report copies of previous financial audits, attestation engagements,
performance audits or other studies related to the objectives discussed in the Audit
Objectives section of this letter. This responsibility includes relaying to us corrective actions
taken to address significant findings and recommendations resulting from those audits,
attestation engagements,performance audits, or other studies. You are also responsible for
providing management's views on our current findings,conclusions, and recommendations,
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as well as your planned corrective actions, for the report, and for the timing and format for
providing that information.
You agree to assume all management responsibilities relating to the financial statements
and related notes and any other nonaudit services we provide. You will be required to
acknowledge in GASB 68 calculations,the management representation letter our assistance
with preparation of the financial statements and related notes that you have reviewed and
approved the financial statements and related notes prior to their issuance and have accepted
responsibility for them. Further, you agree to oversee the nonaudit services by designating
an individual,preferably from senior management,with suitable skill,knowledge, or
experience;evaluate the adequacy and results of those services; and accept responsibility for
them.
Encianement Administration. Fees and Others
We may from time to time, and depending on the circumstances, use third-party service
providers in serving your account. We may share confidential information about you with
these service providers,but remain committed to maintaining the confidentiality and security
of your information. Accordingly,we maintain internal policies,procedures, and safeguards
to protect the confidentiality of your personal information. In addition,we will secure
confidentiality agreements with all service providers to maintain the confidentiality of your
information and we will take reasonable precautions to determine that they have appropriate
procedures in place to prevent the unauthorized release of your confidential information to
others. In the event that we are unable to secure an appropriate confidentiality agreement,
you will be asked to provide your consent prior to the sharing of your confidential
information with the third-party service provider. Furthermore,we will remain responsible
for the work provided by any such third-party service providers.
We understand that your employees will prepare all cash, accounts receivable, or other
confirmations we request and will locate any documents selected by us for testing.
We will provide copies of our reports to the City,however,management is responsible
for distribution of the reports and the financial statements. Unless restricted by law or
regulation, or containing privileged and confidential information, copies of our reports are to
be made available for public inspection.
The audit documentation for this engagement is the property of Redpath and Company,
Ltd. and constitutes confidential information. However, subject to applicable laws and
regulations, audit documentation and appropriate individuals will be made available upon
request and in a timely manner to a federal agency providing direct or indirect funding,or the
U.S. Government Accountability Office for purposes of a quality review of the audit,to
resolve audit findings,or to carry out oversight responsibilities. We will notify you of any
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such request. If requested, access to such audit documentation will be provided under the
supervision of Redpath and Company,Ltd.personnel. Furthermore,upon request,we may
provide copies of selected audit documentation to the aforementioned parties. These parties
may intend, or decide,to distribute the copies or information contained therein to others,
including other governmental agencies.
The AICPA Code of Professional Conduct requires Redpath to maintain our
independence with regard to certain attestation services provided to the City. These rules
require the City to take responsibility for all nonattest services. Redpath cannot serve as
custodian for your data in such a way that your data is incomplete and accessible only
through Redpath or the Redpath portal. As such, any financial report,reconciliation,
document, and/or calculation(depreciation schedules, etc.)that we prepare or update on your
behalf will be sent to you at the completion of each attest or nonattest service. You are
responsible for downloading and maintaining these records as well as all supporting
documentation generated in the normal course of business operations until the retention
period expires.
We expect to begin our audit in April and to issue our reports no later than June 30, 2020.
David J.Mol, CPA is the engagement partner and is responsible for supervising the
engagement and signing the report.
Our fee for these services will be at our standard hourly rates plus out-of-pocket costs
(such as report reproduction, word processing,postage,travel, copies,telephone, etc.) except
that we agree that our gross fee, including expenses,will not exceed as follows
Financial and Legal Compliance Audit $41,000
GASB 68 Pension Calculations 1,500
Total $42,500
The above fees are based on the anticipated scope of service, anticipated cooperation
from your personnel and the assumption that unexpected circumstances will not be
encountered.
The City acknowledges that the following circumstances may result in an increase in
fees:
• New accounting standards
• Failure by the City to complete the preparation work by the applicable due dates.
• Inaccurate records,
• Turnover in your staff.
• Significant unanticipated or undisclosed transactions, issues or other such
unforeseeable circumstances.
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Contract for Auditing Services
Page 9
• Delays by the City causing scheduling changes or disruptions of previously schedule
timing of work(fieldwork).
• Circumstances requiring revisions to work previously completed or delays in
resolution of issues that extend the period of time necessary to complete the audit.
• Significant change in the level of activity/number of transactions.
• There is an indication of misappropriations or misuse of public funds.
GovernmentAuditing Standards requires that we provide you with a copy of our most
recent external peer review report and any letter of comment, and any subsequent peer
review reports or letters of comment received during the period of contract. Our 2016 peer
review report accompanies this letter as Appendix A. We are pleased to report that we did
not receive a letter of comment.
3082719
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City of Oak Park Heights
Contract for Auditing Services
Page 10
We appreciate the opportunity to be of service to the City of Oak Park Heights,
Minnesota and believe this letter accurately summarizes the significant terms of our
engagement. If you have any questions,please let us know. If you agree with the terms of
our engagement as described in this letter,please sign the enclosed copy and return it to us.
Sincerely,
REDPATH AND COMPANY,LTD.
David J.Mol, CPA
Response
This letter correctly sets forth the understanding of the City of Oak Park Heights,
Minnesota:
Management signature: Governance signature:
By: By:
Title: Title:
Date: Date:
Nonaudit Services
The employee(s) assigned to oversee the nonaudit services is as follows:
❑ Finance Director
❑ Other employee(name and title)
3082719
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Page 22 of 92
x
Oak Park Heights
Request for Council Action
Meeting Date October 22°d,2019
Time Required: 1 Minutes
Agenda Item Title: Adopt Ci Policy on Funding for Travel, Conferences and Schools for
Elected Officials— e ive Jan 111 2020.
Agenda Placement Consent A a
i
Originating Department/Requesto Eric son City- 'strator
Requester's Signature
Action Requested o t GtV PO4cy on Funding for Travel Conferences and Schools for
Elected Of ials—Effective Jan 18t 2020.
Background/Justification(Please indicate if any previous action has been taken or if other public
bodies have advised):
See attached.
Page 23 of 92
e"
n
City of Oak Park Heights Page 1 of 1
14168 Oak Park Blvd. N•Oak Park Heights,MN 55082•Phone(651)439-4439•Fax(651)439-0574
10/15/19
TO: Mayor and City Coun ' em
FROM: Eric Johnson,Ci A
RE: Travel Conferences and S ools
Dear Mayor and Council:
Attached you will find a draft of a policy related to Travel,Conferences and Schools for elected officials.
It follows three important items:the requirements of Minnesota statute 471.661 that requires a methodology to approve
out of State travel,a State Auditor Opinion from 2013 and ultimately the LMC Policy that attempts to incorporate these
legalities.Many other cities have followed a similar fashion in adopting the LMC language,including Crookston,Mound,
Cloquet,Sandstone and ST. Paul—copies of each of their policies are enclosed.
Taking the above rules into account and the prior concerns noted of clarity and equity, I have tried to implement some
practical terms that also engage these yet would not require council action for a few routine items held in State such
as the LMC Conferences, Mayors Conference, Newly Elected Officials Training or other metro-area policy meetings.
Items beyond these would require Council approval similar to Out-of-State Travel if reimbursement is sought.
This document further incorporates the comments held by the Council on 10/8/19 and would take effect on 1/1/2020.
Page 24 of 92
CITY OF OAK PARK HEIGH'T'S
CITY POLICY ON FUNDING FOR
TRAVEL, CONFERENCES AND SCHOOLS FOR ELECTED OFFICIALS
P ose:
The City of Oak Park Heights recognizes that its elected officials may receive value from traveling
for workshops, conferences, events and other assignments outside of the City. This policy sets
forth the conditions under which travel, conferences and schools will be reimbursed (or paid
directly) by the City. It is the further intention of this Policy to comply with Minnesota Statute
471.661. This Policy would take effect on January 1s',2020.
1 NUNIMSOTA STATUTES 2018 471.661
471.661 0I?T-0F-STATE TRAVEL.
The governing body of each statutory or hotue rule charter city.county.school district.regional agency.
or other political subdivision.except a town,nntst have on record a policy that controls travel outside the
state of Minnesota for the applicable elected officials of the relevant unit of govern neat.The policy wast
be approved by a recorded vote and specify:
(1)when travel outside the state is appropriate:
(2)applicable expense limits:and
(3)procedures for approval of the travel.
The policy trust be made available for public inspection upon request.Subsequent chmtges to the policy
must be approved by a recorded vote.
History:2001 c 1.56 art 2 s 33.2009 r 1S2 s 21
General Guidelines:
1. At the time of the creation of the City's Annual Budget and as resources permit, the Council
may identify and allocate a total amount to Fund#101-40100-203(1)as it deems reasonable to
accomplish the purposes of this Policy for the forthcoming year.
2. If funds are allocated in the budget process, the Fund may then be utilized for the following
"in-State" purposes without further Council action and in the following order of priority as
funds permit:
a. The Fund shall be first utilized for the attendance of any City elected official to the
League of Minnesota Cities (LMC) Annual Conference and its related travel and
lodging expenses.
b. the Fund shall also provide the Office of the Mayor resources for attendance to the
Minnesota Mayor's Association Annual Conference including its related travel and
lodging expenses.
(1) NOTE:The account number of the Fund may change over time or be re-classified.
Page 25 of 92
c. The Fund shall cover the related travel, registration and expenses of LMC Newly
Elected Officials Training for any newly elected officials, (within the first 12
months in office).
d. Metro area meetings (such as those held by LMC, METRO CITIES or MAOSC)
where overnight accommodations are not necessary.
3. In order to expend any other amounts from this Fund(or any other fund);the event,workshop,
conference or assignment (in or out-of-State) must be approved in advance by a majority of
the City Council at an open meeting and must include an estimate of the costs including the
event,travel and/or lodging.In evaluating the request,the Council will consider the following:
• Whether the elected official will be receiving training on issues relevant to the City
or to his or her role as the Mayor or as a council member;
• Whether the elected official will be meeting and networking with other elected
officials to exchange ideas on topics of relevance to the City or on the official roles
of local elected officials.
• Whether the elected official will be viewing a city facility or function that is similar
in nature to one that is currently operating at, or under consideration by the City
where the purpose for the trip is to study the facility or function to bring back ideas
for the consideration of the full council.
• Whether the elected official has been specifically assigned by the Council to testify
on behalf of the city or to otherwise meet with elected state or elected federal
officials on behalf of the city.
• Whether the city has sufficient funding available in the budgeted Fund to pay the
cost of the trip. If the budgeted Fund does not have resources, the Council will be
required to identify and approve an alternative funding source.
4. No reimbursements will be made for attendance at events sponsored by or affiliated with
political parties.
5. The City may make payments in advance for airfare, lodging and registration if necessary.
Otherwise all payments will be made as reimbursements to the elected official.
6. Use of the most cost-efficient mode of travel available,taking into consideration reasonable
time constraints, is required.
7. Airfare will be reimbursed at the coach rate.
8. Mileage will be reimbursed at the IRS rate. If two or more council members travel together by
car, only the driver will receive reimbursement.The City will reimburse for the cost of renting
an automobile if necessary,to conduct city business.
9. Lodging and meal costs are limited to those which are reasonable and necessary.
Page 26 of 92
10. Receipts are required for lodging,airfare, and meals and should accompany an expense report
form. It is not necessary to have receipts for cabs and tips. The expense report form shall be
submitted to the City Clerk (or Finance Department) for payment within 30 days after the
event.
11. The City will not reimburse for alcoholic beverages,personal telephone calls, costs associated
with the attendance of a family member, rental of luxury vehicles, separate meal expenses
when otherwise included in the cost of registration, or recreational expenses such as golf or
tennis.
12. Elected officials are encouraged to give oral or written reports on the results of the trip/event
at the next Council meeting and are encouraged to collect and share reasonable materials
received to the balance of the Council.
13. The City Council may make exceptions to the policy as deemed reasonable and necessary by
a majority of the City Council.
Page 27 of 92
1 MINNESOTA STATUTES 2018 471.661
471.661 OUT-OF-STATE TRAVEL.
The governing body of each shdatory or home rule charter city,coum)r,school district,regional agency,
or other political subdivision,except a town,must have on record a policy that controls travel outside the
state of Minnesota for the applicable elected officials of the relevant unit of government.The policy must
be approved by a recorded vote and specify:
(1)when travel outside the state is appropriate;
(2)applicable expense limits;and
(3)procedures for approval of the travel.
The policy must be made available for public inspection upon request,Subsequent changes to the policy
must be approved by a recorded vote.
Mstory:2005 c 156 art 2 s 38;2009 c 152 s 21
Copyright 0 2018 by the Revisor of Statutes.State of Miamesota.All Rights Reserved.
Page 28 of 92
STATE OF MINNESOTA
4'rOFFICE OF THE STATE AuDiToR
IF
.. SUITE 500
525 PARK STREET" (65 i)296-2551(Voice)
REBECCA OTTO SAINT PAUL,MN 55103-21 statem
.audibx@stat7
e n.us(Eanail)
STATE AUDMR 1-800.627-3529(Relay Service)
Statement of Position
Out-of-State Travel Policies
Cities, counties, school districts, regional agencies, and other political subdivisions,
except towns, must have a policy that controls out-of-state travel by their elected
officials.' The policy must specify:
0 When travel outside the slate is appropriate;
a Applicable expense limits;and
a Procedures for approval of the travel.
The policy and any subsequent changes to it must be approved by a recorded vote? The
policy must be available for public inspection.
A formal travel policy gives a political subdivision direction and guidance on travel
expenditures by elected officials. We recommend a resolution or detailed motion for
approval of out-of-state travel. The approval should be given in advance of the travel.
The resolution or motion should provide both the specific authority for the expenditure
and the public purpose for the travel.
For example, some cities participate in the "Sister City" program. We 'know of no
express statutory authority allowing a city to expend public funds on such a program. In
addition, as with any expenditure of public funds, the expenditure must be for a public
purpose. Recognizing these limitations, many cities pay for "Sister City" expenses by
using financial contributions or gifts from private entities or the local Chamber of
Commerce. The city,rather than the individual elected official, should accept the gift by
a two-thirds majority,prior to the travel.I
Public purpose principles apply to out-of-state travel, and should be incorporated in the
policy. For example,public funds should not be used for the following:
* Costs for travel of family members;
t See Minn.Stet.§471.661. while towns am not required to adopt an out-of-state travel policy,they may
choose to do so.
2 See Minn.Stat.§471.661.
3 See Minn.Stat.1463.03;Kelly v Campaign Fbuuwe and Public Disclosure Board,679 N.W.2d 178
(Minn.App.2004).
Reviewed: December 2013 2007-1020
Revised December 2013
This Statement of Position is not legal advice and is subject to revision.
M Equal OMMioity Employes
Page 29 of 92
m Alcoholic beverages;or
• Events sponsored by or affiliated with political parties.
To sum up, local governments, except for tavms, must have out-of-state travel policies,
approved by their governing bodies. The governing body must also approve the
expenditure of public funds. Public employees and elected officials who make
expenditures while disregarding the out-of state travel policy run the risk that the
governing body will not approve their expenditures. If that happens,the Public employee
or elected official may be personally liable for the payment.
The League of Minnesota Cities has a model out of-state travel policy on its website at:
hti s: www 1mc org(media/document/itmodelelectedofficialtravelpolicv.doex-
Reviewed: December 2013 2 ---D
Revised: December 2013
Page 30 of 92
League models are thoughtfully developed by otur stafffor a city's consideration.Models should be
customized as appropriatefor an individual city's circumstances m consultation with the city's attorney.
This icon marks places where the city most customize the model policy.They offer
IV additional provisions,optional language,or comments for your consideration.The
icon,and language you do not wish to include,should be deleted from this model
before use.Make other changes,as needed,to customize the model for your city.
Elected ficial Out-of--State Travel, LMC Model Policy
Purpose:
The City of recognizes that its elected official may at tunes receive value from
traveling out of the state for workshops,conferences, events and other assignments.This policy
sets forth the conditions umder which out-of-state travel will be reimbursed by the City.
General Guidelines:
1. The event,workshop, conference or assignment must be approved in advance by the City
Council at an open meeting and must include an estimate of the cost of the travel.In
evaluating the out-of-state travel request,the Council will consider the following:
• Whether the elected official will be receiving training on issues relevant to the
city or to his or her role as the Mayor or as a council member;
• Whether the elected official will be meeting and networking with other elected
officials flom around the country to exchange ideas on topics of relevance to the
City or on the official roles of local elected officials.
• Whether the effected official will be viewing a city facility or function that is
similar in nature to one that is currently operating at,or under consideration by
the City where the purpose for the trip is to study the facility or function to bring
back ideas for the consideration of the fall council.
• Whether the elected official has been specifically assigned by the Council to visit
another city for the purpose of establishing a goodwill relationship such as a
"sister-city"relationship(see Note below).
• Whether the elected official has been specifically assigned by the Council to
testify on behalf of the city at the United States Congress or to otherwise meet
with federal officials on behalf of the city.
• Whether the city has sufficient funding available in the budget to pay the cost of
the trip.
;r (Note:the League recommends use of a resolution or a detailed motion outlining
what exactly is being approved).
2. No reimbursements will be made for attendance at events sponsored by or affiliated with
political parties.
3. The city may make payments in advance for airfare,lodging and registration if specifically
approved by the council. Otherwise all payments will be made as reimbursements to the
elected official.
4. The City will reimburse for transportation,lodging,meals,registration,and incidental costs
using the same procedures,limitations and guidelines outlined in the city's policy for out of-
state travel by city employees.
League of Minnesota Cfflw Model Policy g/fy/Zgtg
Elected Official Ou!-ofa to Travel Page 1
Page 31 of 92
(If the city does not currently have a policy for city employees, consider adding the
following:
S. Airfare will be reimbursed at the coach rate.
6. Mileage will be reimbursed at the IRS rate. If two or more council members travel
together by car, only the driver will receive reimbursement. The city will reimburse for the
cost of renting an automobile if necezu y to conduct city business
z Lodging costs are limited to$ per night and meal costs are limited to$
per day. (If the city sets such limits, it may want to keep in mind the df f`erences in these
costs throughout the country—especially coastal cities Alternative language could be
"Lodging and meal costs are limited to those which are reasonable and necessary„).
g Receipts are required for lodging airfare, and meals and should accompany an
expense report form. It is not necessary to have receipts for cabs and tips. The expense
report form shall be submitted to the City Clerk(or FYnance Llepartment)for payment.
9. The city will not reimburse for alcoholic beverages,personal telephone calls,
costs associated with the attendance of a family member, rental of luxwy vehicles, meal
expenses included in the cost of registration, or recreational expenses such as golf or
tennis.
OTHER PR0VRIONS THE CITI'11 PAY WANT TO CONSIDER:
• Limitations on the number of council members who can attend the same event;
® Limitations on paying for council members who have announced their intention to resign,
not to seek reelection, or who have been defeated in an election(however, there may be
some benef It to the city in having newly elected offlcials who have not yet taken qfflce
Xwend training beforehand);
® Requirements for council members to give oral or written reports on the results of the
Mp at the next Council meeting,
• Requirements for the council members to turn over materials received to the city,
• The ability for the city to make exceptions to the policy;
• The requirement for all frequent flyer miles to accrue to the city,
• Requirements to use the most cost-eefcient mode ofgavel available taking into
consideration reasonable time constraints;or
• The requirement to use a city car when available;
Note: The State Auditor's Offlce has taken the position in at least one city that there was
no direct authority to expend public funds for the Sister City Program.See additional
guidance from the State auditor here:
The statute requiring this policy is found at.
League d MhTmota CNies Model Polioy 8M202016
Boded Oflidal Out-661ds Trwel Page 1
Page 32 of 92
CITY OF CROOKSTON
TRAVEL POLICY
POLICY
The City of Crookston,so as to advance the training and professionalism of its staff and officials,
authorizes attendance at certain schools,conferences and seminars. The purpose of this administrative
regulation is to set forth the polices governing reimbursement of the expenses connected with those
activities.
TRAVEL GUIDELINES
The guidelines for travel of City employees and elected officials are the following:
1. Reimbursement of travel expenses are to refund actual and necessary costs incurred by City
employees and officials while traveling as authorized representatives of the City of Crookston.
2. There is no objection to a spouse and/or other family member accompanying an employee or an
official on a business trip,provided that their presence does not detract from the performance of
duty and an expense is not attributable to thein.
3. An employee or official is expected to show good judgment and proper regard for economy in
incurring travel expenses,as would normally be shown when traveling at his/her own expense.
Expense limits established by the regulation are maximum limits,not flat allowances, and they are
not authorizations to spend the maximum if less would be adequate.
4. In any situation where extraordinary travel expenses are to be incurred,or where this regulation
does not cover the situation,the City Administrator may authorize an exception. Any questions of
interpretation of this regulation will be finally determined by the City Administrator.
5. Decisions as to which schools,seminars,and conferences will be determined by the Department
Head. General training seminar type activities may not be specified,but any expenses involved
must be within the total budget appropriations for each department.
PROCEDURE(REBMIWEMENT)
Reimbursement of travel expenses are to refund actual and necessary costs incurred by City employees
and officials while traveling as authorized representatives of the City of Crookston.
1. Generally there are two types of expenses involved in the activities covered by these regulations:
(1)those that can properly be paid for prior to attendance at the meeting and,(2)those that are to
be reimbursed following the return from the meeting.
2. Prior to travel all employees shall complete a Travel Request Form and have their supervisor
approve it. All completed Travel Request Forms shall be turned into the Clerk's office. If any
1 l r
Page 33 of 92 4
prepayments need to be made the forms should be submitted in a timely manner to allow time for
the Clerk's office to process such prepayments.
3. A Travel Reimbursement Form,approved by the employee's supervisor,must be submitted to the
Clerk's office for reimbursement of incurred expenses not pre-paid. Travel Reimbursement
Forms must be accompanied by original receipts.
TRANSPORTATION
1. Transportation to and from conferences and schools is ordinarily by air,private vehicle or City
vehicle. The appropriate transportation for each event shall be determined on a least cost basis.
2. Air Travel reimbursement shall be limited to"coach"or economy fares,when such services are
available. Arrangements for air travel and auto rental(if required)must be coordinated through
the City Administrator. Round trip mileage and parking flees will be reimbursed if employee uses
personal vehicle to go to the airport.
3. Personal automobile use for authorized trips will be reimbursed at the rate consistent with IRS
regulations. Any employee who uses their personal automobile while on City business is eligible
for expense reimbursement only if they have liability insurance on their vehicle in the amounts
required by state law. Evidence of such insurance shall be carried in the glove compartment of
the vehicle,and the city may at any time require proof of such insurance.
4. Cily cars may be used for travel. Employees shall not drive on City business without a valid
Minnesota driver's license of the appropriate classification. Receipts are to be obtained for all
expenditures incurred when using a City car. Reimbursement will be based upon the receipts.
Any employee who is involved in an accident while traveling on business must promptly report
the incident to their immediate supervisor.
LODGING
1. Reimbursement for lodging shall be limited to the minimum number of nights required to conduct
the assigned City business. If an employee or official chooses,for personal reasons,to arrive
earlier or leave later,the additional lodging and other expenses related to this decision are his/her
personal expense and will not be reimbursed by the City.
2. Lodging expenses will be reimbursed at the actual cost not to exceed the single occupancy rate.
2
16
Page 34 of 92
cl-o qv Irv,
CITY OF CLOQUET
TRAVEL POLICY-ELECTED OFFICAL AND EMPLOYEE
Adopted: 10119/05
Amended: 11/21/06,01/19/11
furaae: The City of Cloquet recognizes that its employees and elected officials may at times
receive value from traveling out of the state for workshops,conferences,events and other
assignments. This policy sets forth the conditions under which both out-of-state travel and local
travel will be reimbursed by the City.
General Guidelines for Elected Officials:
1. The event,workshop,conference or assignment must be approved,by motion,in
advance by the City Council at an open meeting and must include an estimate of
the cost of the travel. In evaluating the out-of-state travel request,the Council
will consider the following:
• Whether the elected official will be receiving training on issues relevant to
the city or to his or her role as the Mayor or as a Council member;
• Whether the elected official will be meeting and networking with other
elected officials from around the country to exchange ideas on topics of
relevance to the City or on the official roles of local elected officials;
• Whether the elected official will be viewing a city facility or fimction that
is similar in nature to one that is currently operating at,or under
consideration by the City where The purpose for the trip is to study the
facility or function to bring back ideas for the consideration of the fiW
Council;
• Whether the elected official has been specifically assigned by the Council
to visit another city for the purpose of establishing a goodwill relationship
such as a"sister-city"relationship;
• Whether the elected official has been specifically assigned by the Council
to testify on behalf of the City at the United States Congress or to
otherwise meet with federal officials on behalf of the City;
• Whether the City has sufficient funding available in the budget to pay the
cost of the trip.
2. No reimbursements will be made for attendance at events sponsored by or
affiliated with political parties.
3. The City may make payments in advance for airfare,lodging and registration if
specifically approved by the Council. Otherwise all payments will be made as
reimbursements to the elected official.
4. The City will reimburse for transportation,lodging,meals,registration,and
incidental costs using the same procedures,limitations and guidelines outlined in
the City's policy for out-of-state travel by City employees.
Travel Policy-Elected Official and Employee Page 1
(Amended 1/18/11)
Page 35 of 92
5. No more than two Council members will be allowed to attend the same out-of-
state event.
General Travel Guidelines for all City Employees and Elected Officials:
An employee's expenses incurred while conducting City business or attending approved
conferences or training are paid by the City. Expenses incurred by a spouse attending a
conference or traveling with a Council member or City employee must be paid by the employee.
1. Meals-In accordance with the Federal Internal Revenue Code Guidelines for
September 1,2010,the maximum daily meal allowance,including gratuities,is
$46 per day. Employees may spend the daily allowance among the three meals at
their discretion. If an employee is traveling for less than a full day,the following
maximum meal amounts are allowed:
Breakfast $ 9.00
Lunch $ 13.00
Dinner $24.00
These amounts will automatically be adjusted if the maximum daily meal
allowances in the IRS Guidelines change. This amount may be adjusted for travel
outside of Minnesota or to a"High Cost Area"by the City Administrator. Meals
included as part of a conference registration are not reimbursable and when the
cost of a meal is included in a registration fee,there will be a reduction of the
above amounts from the maximum daily reimbursement.
Liquor is not an allowable expense.
2. Lod -The actual cost for lodging is paid by the City as authorized by the
department supervisor or City Council. Room service,personal phone calls,
movies, and other extras must be paid for by the employee.
3. Transportation
• Airline-Airfare will be reimbursed at the coach rate.
Automobile-If an employee uses their personal vehicle,they will be
reimbursed for the amount allowed by the IRS Guidelines. If two or more
members of the Council or employees travel together by car,only the
driver will receive the reimbursement. This amount will automatically be
adjusted if the IRS Guidelines change. Please contact the Finance
Director for the current rate. The City will reimburse for the cost of
renting an automobile if necessary to conduct City business with prior
approval of the City Council or City Administrator.
•
Parking-Fees will be reimbursed for the actual amount.
La vel Policy-Elected Official and Employee Page 2
(Amended 1/18/11)
Page 36 of 92
}
4. Reimbursement-Receipts are required for lodging,airfare,transportation,
parking,and meals and should accompany an expense report form. After
supervisor approval,the expense report form shall be submitted to the Finance
Director for payment. The City will not reimburse any request for recreational
expenses such as golf or tennis.
5. Advance Expense Check-All City Council members and employees are
encouraged to have conference and lodging fees paid in advance by the City. If
requested, and authorized by the City Council or Department Supervisor,an
advance expense check or cash may be issued for estimated travel expenses.
The advance shall be issued pursuant to Minnesota Statute 471.97.
• Receipts are required for all expenses.
A signed reimbursement travel voucher with receipts must be submitted
within 30 days of travel.
• The City shall determine the estimated travel expense amount to be
advanced.
• Any additional reimbursement due to the Council member or employee
shall be paid by the City based on the receipts submitted and policies
established above.
• Any refund from the Council member or employee shall be paid to the
City within ten(10)days of submission of the reimbursement request.
The ruRmd due from the employee shall be based upon the actual receipts
submitted.
• All other provisions of this travel policy apply to determine the expenses
eligible for reimbursement.
G. Exceptions-The City Council reserves the right to make exceptions to this
policy subject to specific situations that may arise
Travel Policy-Elected Official and Employce Page 3
(Amended 1/18/11)
Page 37 of 92
V
AnElected Official Out-of-State Travel Policy
Original Adoption: 01/27/2009 Reference No.FIN-006
Reviewed/Updated: 06/23/2015
Purpm: The City of Mound recognizes that its elected officials may at times receive
value from traveling out of the state for workshops,conferences,events and other
assignments. This policy sets forth the conditions under which out-of-state travel will be
reimbursed by the City.
General Guidelines:
1.The event,workshop,conference or assignment must be approved in advance by the
City Council at an opgn meetinn and must include an estimate of the cost of the travel.In
evaluating the out-of-state travel request,the Council will consider the following:
• Whether the elected official will be receiving training on issues relevant to the
city or to his or her role as the Mayor or as a council member;
• Whether the elected official will be meeting and networking with other elected
officials from around the country to exchange ideas on topics of relevance to the
City or on the official roles of local elected officials:
• Whether the elected official will be viewing a city facility or function that is
similar in nature to one that is currently operating at,or under consideration by
the City where the purpose for the trip is to study the facility or function to bring
back ideas for consideration by the full council:
• Whether the elected official has been specifically assigned by the Council to visit
another city for the purpose of establishing a goodwill relationship and that the
vumose is a valid use of public funds.
• Whether the elected official has been specifically assigned by the Council to
testify on behalf of the city at the United States Congress or to otherwise meet
with federal officials on behalf of the city;
• Whether the city has sufficient funding available in the budget to pay the cost of
the trip;
2.No reimbursements will be made for attendance at events sponsored by or affiliated
with political parties.
3.The City may make payments in advance for airfare,lodging and registration if
specifically approved by the council.Otherwise all payments will be made as
reimbursements to the elected official or employee.
1
Page 38 of 92
4.Airfare will be reimbursed at coach rate.
5.Mileage will be reimbursed at the IRS rate.If two or more council members travel
together by car,only the driver will receive reimbursement.The city will reimburse for
the cost of renting an automobile if air travel is necessary to conduct city business.
6. Lodging costs and meal costs are not to exceed to the IRS standard allowance rates(as
assigned for the respective city visited).
7.Receipts are required for lodging,airfare,and meals and should accompany an expense
report form.The expense report form shall be submitted to the City Finance Department
for payment.
8.The City will not reimburse for alcoholic beverages,personal telephone calls,costs
associated with the attendance of a family member,rental of luxury vehicles,meal
expenses included in the cost of registration,or recreational expenses such as golf or
tennis.
The City reserves the right to make exceptions to the policy when deemed necessary and
passed via majority vote through the City Council.
2
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CITY OF SANDSTONE
ADAHMSTRATME PROCEDURES
CONFERENCES AND TRAINING ALLOWANCES
1.0 POLICY(adopted and effective September 17,2003)
(amended January 18, 2006)
The City, so as to advance the training and professionalization of its staff and officials,
authorizes attendance at certain professional or municipal association meetings,
conferences and seminars that are beneficial to progressive local government. The
purpose of this administrative procedure is to set forth the policies governing
reimbursement for these expenses. When approved,actual costs of travel,meals, lodging
and other expenses directly related to accomplishment of the objectives for the travel are
allowed. Employees are expected to limit expenses to reasonable amounts. The City
objectives are to allow travel arrangements that, while on assignments away from normal
work location and when approved m advance:
1) Conserve travel funds;
2) Provide uniform treatment for all employees and officials;and
3) Allow the employee or official to cavy out his/her mission in a manner that is
dignified and which reflects credit on the City. Attendance should not unduly
burden the work load of the City Staff.
1.1 There is no objection to a spouse and/or other family member accompanying an
employee or an official on a business trip, provided that their presence does not detract
from the performance of duty and an expense is not attributable to them.
1.2 An employee or official is expected to show good judgment and proper regard for
economy in incurring travel expenses, as would normally be shown when traveling at
his/her own expense. Expense limits established by this regulation are maximum limits,
not flat allowances, and they are not authorizations to spend the maximum if less would
be adequate. In some cities and situations, expenses can and should be held substantially
below these limits.
1.3 In any situation where extraordinary travel expenses are to be incurred, or where
this regulation does not cover the situation, the City Administrator may authorize an
exception.Any questions of interpretation of this regulation will be finally determined by
the City Administrator.
1.4 The City Administrator shall make the final determination of as to the
authorization of any employee to attend a conference, seminar, etc. Decisions as to the
amounts budgeted for schools, seminars and conferences are generally made in the
adoption of the budget. General training seminar type activities may not be specified,but
any expenses involved must be within total budget appropriations. Attendance at any
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training session or conference involving extra expense to the City must be authorized in
advance by the City Administrator.
1.5 Those authorized for travel or conferences have a responsibility to keep accurate
and substantiated records and to submit requests for reimbursement in a timely manner.
2.0 ORGANIZATIONS AFFECTED:
All departments,City employees and officials.
3.0 PROCEDURE(REIlVIBURSEM M:
3.1 Generally there are two types of expenses involved in the activities covered by
these regulations: (1) those that can properly be paid for prior to attendance at the
meeting and, (2)those that are to be reimbursed following the return from the meeting.
3.2 Items of the first type are those such as purchase of an airline ticket or
prepayment of registration fees and first night's lodging. In the case of prepayment of
registration, the registration forms should be completed and attached to the request for
approval of the trip. If approved, the City may write a check and mail payment and
registration to the appropriate conference official or the City may use the City credit card
to make payment. Airline tickets should be purchased by the employee only after
receiving approval of the trip. The airfare may be charged on City credit card when
purchased through a City designated travel agency or it will be reimbursed upon
submission of a copy of the ticket and a claim for the appropriate amount.
3.3 All expenses except those in 32 must have actually been incurred by the
employee or official prior to reimbursement. The expenses must be itemized on an
expense form and submitted to the City Administrator for approval.Receipts are required
for lodging and meal expenses and should be provided for all other expenses whenever
possible.
3.4 An employee or official may request an advance against expenses requiring
advance payment such as those listed in Section 3.2 under special conditions providing
the costs are known and the City Administrator grants approval. When travel is
completed, employees must submit completed travel expense forms along with receipts.
Receipts are required for reimbursement. If actual expenses are less than advance,
employee shall repay unused advance. An advance for estimated costs must receive City
Administrator approval.
4.0 TRANSPORTATION•
4.1 Transportation to and from conferences and schools is ordinarily by air or private
car. The appropriate transportaton for each event shall be determined by the City
Administrator on a least cost basis. Arrangements for air travel and auto rental (if
F
2
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required) must be coordinated through the City Administrator. Rental vehicles must be
nre-aanroved by City Administ mtar_
IF it is necessary to rent a car at the travel destination, the employee can apply for
reimbursement for the City business portion. No reimbursement will be made for any
personal use of the rental car No reimbursement will be made for the cost of any car
rental insurance purchased. Should a rental car be damaged while being used for
business purpose, the City will defend and indemnify the employee against any claims
made by the rental company for damage to the rental car. Minnesota law requires your
personal insurance company to provide coverage when the rental car is being used for
personal activities in most instances.
4.2 When a Private car is used, mileage reimbursement shall be at the rate established
by the City Council. When two or more employees or officials travel to the same
destination by private car,reimbursement will be made to only one person. Carpooling is
expected when practical..Mileage costs for major trips shall be included as part of the trip
expense and reimbursed with the total costs.
If air travel is determined to be the most cost effective transportation,and an employee or
official chooses to drive, reimbursement shall be limited to the cost of round trip airfare.
There will be no reimbursement for any hotel, meal or other expenses, including travel
time,of other expenses incurred enroute or for parking charges at the destination.
If proposed travel is on a weekend (e.g.to stay over Saturday night)in order to obtain a
lower mate on airfare, additional lodging and meal expenses for such weekend travel will
be reimbursable to the extent covered by the reduced airfare.
4.3 Air Travel reimbursement shall be limited to "coach" or economy fares, when
such services are available.Arrangements for air travel and auto rental(if required)must
be coordinated through the City Administrator. Tickets should be purchased, where
possible, sufficiently in advance to obtain related discounts. Any credits or perks issued
by an airline while an employee is on City business may be credited to the individual
employee's frequent flyer or other benefit account. At the time an employee redeems
mileage credited while on City business to receive a free ticket or other benefit, the
employee shall notify the City. A portion of the value of the free ticket (equal to the
portion of the miles paid for by the City compared to the total miles needed for the free
trip) shall be paid to the City within 90 days of mileage redemption. The value of the
free ticket is the lowest price quoted for the same origination and destination as received
by the employee. Travel to and from airports should be by bus or limousine where such
services are in operation and by taxi only as a last resort. If driven to or from the airport
in a private car, by another employee or by a family member,round trip mileage will be
reimbursed.
4.4 Other forms of transportation such as bus or rail may be utilized under special
conditions. Use of these forms of transportation may be authorized by the City
Administrator after review of the circumstances involved.
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4.5 Leave time for travel other than by air when one travels by some other mode than
by air, the additional time required over the time the air travel would require should be
charged as vacation time. An exception to this would be when it can be shown that
sending several employees in the same car is less expensive.
5.0 LODGING:
5.1 Reimbursement for lodging shall be limited to the minimum number of nights
required to conduct the assigned City business. Charges shall be reasonable and
consistent with the facilities available. If an employee or official chooses, for personal
reasons to arrive earlier or leave later, the additional lodging and other expenses related
to this decision are hislher personal expense and will not be reimbursed by the City.
Reimbursement for lodging costs for the night proceeding or the night immediately
following the event must receive prior approval by the City Administrator.
5.2 If an employee's or official's spouse or other family members share lodging,
reimbursement shall be limited to the single rate for the room occupied. Room rate
information shall be obtained and provided with the request for reimbursement.
5.3 When requested, most lodging will furnish a receipt for a single room when you
are using a double room, but desire reimbursement for a single. If such an arrangement
cannot be made, the price of the single room should be noted on the receipt for actual
lodging costs.
6.0 MEALS:
6.1 Reimbursement for meals and tips shall be limited to the following:
1) In State Travel - $36 per day. If less than a day, $8 for breakfast, $10 for
lunch and$18 for dinner.
2) Out of State Travel-$60 per day. If less than a day, $12 for breakfast,$18 for
lunch and$30 for dinner.
These are maximum limits and not flat allowances. Actual costs, supported by
receipts shall be the basis for reimbursement.
Alcoholic beverages are not eligible for reimbursement.
6.2 When prices of tickets to conference luncheons or dinners exceed the individual
meal limits,the applicable meal and daily limit shall be increased by the excess amount
with prior approval.
6.4 When registration or tuition fees include one or more meals, the applicable daily
limit shall be decreased by the meal limit for the meal supplied.
7.0 CELL US:
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7.1 Recreational expenses,such as golf and tennis,will not be reimbursed.
7.2 Reimbursement for telephone calls and similar miscellaneous expenses shall be
limited to those directly connected with carrying out the assigned duties and must be fully
accounted for. Travel or air insurance premiums are not reimbursable.
7.3 If an employee, for personal reasons, chooses to arrive earlier or leave later than
the time required for City business, the extra time shall be charged to vacation, personal
leave,or holiday leave.
City business hours are defined as the hours the conference is in session which
does not include banquets, continental breakfasts prior to the start of each day,
afternoon/evening get-togethers,receptions,etc.
7.4 Travel time will be paid to non-exempt employees in accordance with the Fair
Labor Standards Act, department policies and procedures, and/or applicable collective
bargaining agreements.
Travel times shall be standardized to mean that travel to conferences in the Twin
Cities will be 1.5 hours each way;travel to conferences in Duluth shall be 1.0 hours each
way and travel to conferences in St. Cloud shall be 1.5 hours each way.
7.5 Time for voluntary attendance by an employee at a training course outside of
working hours is not compensable even if the course is directly related to his/her job or
paid for by the City.
Abuse of City Policy, including falsifying expense reports is grounds for disciplinary
action,up to and including termination of employment.
Page 44 of 92 r.
LL�
ELECTED OFFICIAL OUT-OF-STATE TRAVEL POLICY
Adopted by the Saint Paul City Council March 1,2006
Council Resolution: 06-172
EgMose:The City of Saint Paul recognizes that there needs to be public purpose for City paid
travel outside the State by its elected officials for attendance at workshops,conferences,events,
and other assignments.This policy sets forth the conditions under which out-of-state travel will
be paid for by the City.
General Guidelines:
1. When the event,workshop,conference or assignment is submitted for approval,an estimate
must be included of the travel cost.In the case of the Mayor,approval shall be handled by the
Chief of Staff and,the Director of Council Operations shall handle approval for the City
Council.Approval is to be obtained in advance of travel and,for an unusual circumstance,
approval may be obtained after travel has occurred.In evaluating the travel request,the
following will be considered:
• Whether the elected official will be receiving training on issues relevant to the city or to
his or her role as an elected official.
• Whether the elected official will be meeting and networking with other elected officials
from around the country to exchange ideas on topics of relevance to the City or on the
official roles of local elected officials.
• Whether the elected official will be viewing a city facility or function that is similar in
nature to one that is currently operating at,or under consideration by the City where the
purpose for the trip is to study the facility or function to bring back ideas for
consideration by the City.
• Whether the elected official has been specifically assigned to visit another city for the
purpose of establishing a goodwill relationship such as a"sister-city"relationship.
• Whether the city has sufficient funding available in the budget to pay the cost of the trip.
2. No reimbursements will be made for attendance at events sponsored by or affiliated with
political parties.
3. The City Council reserves the right to approve out-of-state travel requests for elected
officials on a case-by-case basis when warranted by special conditions.This review will take
place at a City Council meeting.
4. The City may make payments in advance for airfare,lodging and registration.
5. The City will reimburse for transportation,lodging,meals,registration,and incidental costs
using the same procedures,limitations and guidelines outlined in the city's policy for out-of-
state travel by city employees.
Page 45 of 92
mm
1
w , Elected Officials
� Out of State Travel Policy
PURPOSE
The City of Zimmerman recognizes that its elected officials may at times receive value from
traveling out of the state for workshops, conferences, events, and other assignments. This
policy sets forth the conditions under which out of state travel will be reimbursed by the City.
GENERAL GUIDELINES
1. The event, workshop, conference or assignment must be approved In advance by the City
Council at an open meeting and must include an estimate of the-cost of the travel. Approval
must be aeoomplished by a detailed motion outlining what exactly is being'appcaoved. In
evaluating the out-of-state travel request,the Council will consider the following;
Whether the elected official will be receiving training on Issues relevant to the city or to
his or her role as the Mayor or as a Council Member,
Whether the elected official will be meeting and networking with other elected officials
from around the country to exchange ideas on topics of relevance to the City or on the
official roles of local elected officials.
Whether the elected official will be viewing a city facility or function that is similar in
nature to one that is currently operating at, or under consideration by the City where the
purpose for the trip is to study the facility or function to bring back ideas for the
consideration of the full Council.
Whether the elected official has been specifically assigned by the Council to visit another
city for the purpose of promoting economic development and/or tourism.
Whether the elected official has been specifically assigned by the Council to testify on
behalf of the city at the United States Congress or to otherwise meet with federal officials
on behalf of the city.
Whether the city has sufficient funding available in the budget to pay the cost of the trip.
2. No reimbursement will be made for attendance at events sponsored by or affiliated with
political parties.
3. The city may make payments in advance for airfare, lodging and registration if specifically
approved by the Council. Otherwise all payments will be made as reimbursements to the
elected official
Page 46 of 92
4. The City will reimburse for transportation, lodging, meals, registration, and incidental costs
using the same procedures, limitations and guidelines outlined in the city's policy for out-of-
state travel by city employees.
5. Airfare will be reimbursed at the coach rate. Council members traveling under this policy
must use the most cost-efficient mode of travel available taking into consideration
reasonable time constraints.
6. Mileage will be reimbursed at the IRS rate. If two or more Council members travel together
by car, only the driver will receive reimbursement. The city will reimburse for the cost of
renting an automobile if necessary to conduct city business. If a City car is available,the
Council member must use the City car unless the Council as a whole approves otherwise.
7. Lodging and meal costs are limited to those which are reasonable and necessary and are
further limited to amounts established for all City employees.
8. Receipts are required for lodging, airfare, and meals and should accompany an expense
report form. The expense report form shall be submitted to the City Finance Department for
payment.
9. The City will not reimburse for alcoholic beverages, personal telephone calls, costs
associated with the attendance of a family member, rental of luxury vehicles, meal expenses
included in the cost of registration, or recreational expenses such as golf or tennis.
10.The City will not pay for Council members who have announced an intention to resign, not
seek re-election, or who have been defeated in an election.
11.Council members who travel out of state pursuant to this policy must give a written report on
the results of the trip at the next Council meeting.
12.Council members who travel out of state for training must turn over training materials to the
City either after the training is completed or upon the Council member no longer serving as
a Council member.
13.The training must benefit all inhabitants of the city as a whole.
Adopted by the Zimmerman City Council on March 2, 2009.
a
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Page 48 of 92
Oak Park Heights
Request for Council Action
Meeting Date October 22nd,2019
Time Required: 1 Minutes
Agenda Item Title: Detachment and Annexation—Oak Park Heighttand Stillwater Areas
Consider Required Final Resolutions
Agenda Placement Old Busines
Originating Dep artment/ReqJohnson, City Administrator
low
Requester's Signature
Action Requested_ Discussion, ossible Action
Background/Justification(Please indicate if any previous action has been taken or if other public
bodies have advised):
Consistent with the signed MOU between Oak Park Heights and the City of Stillwater,both
communities are required to pass resolutions with specific language as requested by the State of
Minnesota Office of Administrative Hearings related to the DETACHMENT AND
ANNEXATION of lands between Oak Park Heights and Stillwater.
Those resolutions are enclosed and both communities must execute the same document. Once
executed by both cities, a final application can be made which will include these as required
attachments.
Enclosures:
• Resolution—FROM OPH TO STW
• Resolution—FROM STW to OPH
• Final Executed MOU—Dated August 27h,2019
Page 49 of 92
CITY OF STILLWATER
RESOLUTION NO.
CITY OF OAK PARK HEIGHTS
RESOLUTION NO.
A JOINT RESOLUTION REQUESTING CONCURRENT DETACHMENT FROM OAK PARK HEIGHTS
AND ANNEXATION INTO STILLWATER OF CERTAIN LANDS PURSUANT TO MINNESOTA
STATUTES SECTION 414.061
WHEREAS,certain real property,legally described in Exhibit A attached hereto(the"Annexation
Property")is located in Oak Park Heights;and
WHEREAS,the Annexation Property is located on the border of Oak Park Heights that is contiguous to Stillwater;
and
WHEREAS,the Annexation Property consists of approximately.82 total acres+/-;and
WHEREAS,Stillwater and Oak Park Heights want the entire Annexation Property to be located within the corporate
limits of Stillwater;and
WHEREAS, Stillwater and Oak Park Heights want to modify their mutual municipal boundary to permit the
Annexation Property to be located entirely within Stillwater;and
WHEREAS, to modify the boundary, Oak Park Heights desires to detach and Stillwater desires to annex the
Annexation Properties pursuant to Minnesota Statute 414.061.
NOW,THEREFORE,BE IT RESOLVED:
1.The Cities of Stillwater and Oak Park Heights jointly request that the Minnesota Office of Administrative Hearings,
Municipal Boundary Adjustment Unit concurrently detach the Annexation Properties from the City of Oak Park
Heights and annex the same to the City of Stillwater at the earliest possible date.
2. The City Administrator for the City of Oak Park Heights is authorized to submit this resolution along with
appropriate application materials to the Minnesota Office of Administrative Hearings, Municipal Boundary
Adjustment Unit for the purpose set forth herein.
FOR THE CITY OF STILLWATER
Adopted by the City Council of the City of Stillwater on the
Mayor
Attest:
FOR THE CITY OF OAK PARK HEIGHTS
Adopted by the City Council of the City of Oak Park Heights on the
Mayor
Attest:
Page 50 of 92
EXHIBIT A
Properties from Oak Park Heights to Stillwater
PIN#and Full Legal Descriptions
Maps Shown for Reference
Parcel#3403020330106 Legally described as:
All that part of the SW%of SW%of SW 14/of Section 34, Township 30,Range 20, described as follows:
Commencing at a point on the centerline of Panama Avenue(formerly Hazel Street)where said centerline
intersects the North line of present State Highway 36(formerly 212), thence East along the North line of
State Highway 36 a distance of 260feet to the point of beginning; thence continuing East along said
North of State Highway 36 a distance of 90 feet;thence North and parallel to the centerline of Panama
Avenue a distance of 166 feet;thence West and parallel to the North line of State Highway 36 a distance
of 90 feet;thence South and parallel to Panama Avenue a distance of 166 feet to the point of beginning;
together with an easement for driveway purposes on and across a strip of land 60 feet in width, having its
Southerly line parallel to the Northerly line of State Highway 36 and distant 166 feet Northerly therefrom
and extended from the West line of said SW%of SW%of SW'/e of said Section 34 to a point 350 feet
East therefrom.
Parcel#3303020410001 Legally described as:
The West 70 feet of Lots 11 and 12, Block 1, Webster's Third Addition, Washington County,Minnesota.
Parcel#3303020410002 Legally described as:
The West 70 feet of Lots 9 and 10, Block 1, Webster's Third Addition, Washington County,Minnesota.
East Orleans Street-NO PIN-Washington County Right of Way.
Only that land lying North of the West 70 feet of Lot 12,Block 1, Webster's Third Addition, Washington County,
Minnesota to the center line of the existing East Orleans Street, being 30 feet+/-.;anc4 that area of land lying 30
feet+/-North of easterly the 30 feet of Ozark Ave to the centerline of East Orleans street.
Ozark Ave.-NO PIN-OPH Right of Way.
Only that land lying West of the West 70 feet of Lots 9,10,11 and 12,Block 1, Webster's Third Addition,
Washington County,Minnesota to the center line of the existing Ozark Ave, being 30 feet+/
SEE MAPS ON NEXT PAGE(S)
Page 51 of 92
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Page 52 of 92
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Page 55 of 92
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Page 56 of 92
CITY OF STILLWATER
RESOLUTION NO.
CITY OF OAK PARK HEIGHTS
RESOLUTION NO.
A JOINT RESOLUTION REQUESTING CONCURRENT DETACHMENT FROM STILLWATER AND
ANNEXATION INTO OAK PARK HEIGHTS OF CERTAIN LANDS PURSUANT TO MINNESOTA
STATUTES SECTION 414.061
WHEREAS,certain real property,legally described in Exhibit A attached hereto(the"Annexation
Property")is located in Stillwater;and
WHEREAS,the Annexation Property is located on the border of Oak Park Heights that is contiguous to Stillwater;
and
WHEREAS,the Annexation Property consists of approximately 3.35+/-total acres;and
WHEREAS,Stillwater and Oak Park Heights want the entire Annexation Property to be located within the corporate
limits of Oak Park Heights;and
WHEREAS, Stillwater and Oak Park Heights want to modify their mutual municipal boundary to permit the
Annexation Property to be located entirely within Oak Park Heights;and
WHEREAS, to modify the boundary, Stillwater desires to detach and Oak Park Heights desires to annex the
Annexation Property pursuant to Minnesota Statute 414.061.
NOW,THEREFORE,BE IT RESOLVED:
1.The Cities of Stillwater and Oak Park Heights jointly request that the Minnesota Office of Administrative Hearings,
Municipal Boundary Adjustment Unit concurrently detach the Annexation Properties from the City of Stillwater and
annex the same to the City of Oak Park Heights at the earliest possible date.
2. The City Administrator for the City of Oak Park Heights is authorized to submit this resolution along with
appropriate application materials to the Minnesota Office of Administrative Hearings, Municipal Boundary
Adjustment Unit for the purpose set forth herein.
FOR THE CITY OF STILLWATER
Adopted by the City Council of the City of Stillwater on the_______ ___________.
Mayor
Attest:
FOR THE CITY OF OAK PARK HEIGHTS
Adopted by the City Council of the City of Oak Park Heights on the
Mayon
Attest:
Page 57 of 92
EXHIBIT A
Properties from Stillwater to Oak Park Heights
PIN#and Full Legal Descriptions
Maps Shown for Reference
Parcel#3403020240009,Legally described as:
All of the following described tract.Lots 1 and 2, except the west I foot thereof,Block 2,Hersey, Staples and
Company's Addition to Stillwater as surveyed andplatted except highway,together with all right of access, being
the right of ingress to and egress from the westerly 1 foot of said Lots I and 2 to Trunk Highway No.212.
Parcel#3403020240010;Legally described as:
All of thefollowing described tract.Lots 3, 4 and S, except the west I foot thereof, Block 2, Hersey, Staples and
Company's Addition to Stillwater as surveyed andplatted except highway,together with all right of access, being
the right of ingress to and egress from the westerly I foot of said Lots 3,4 and S to Trunk Highway No.212.
Parcel#3403020240011;Legally described as:
All of the following described tract:Lots 6 and 7 except the west I foot thereof, Block 2,Hersey,Staples and
Company's Addition to Stillwater as surveyed and platted except highway,•together with all right of access, being
the right of ingress to and egress from the westerly I foot of said Lots 6 and 7 to Trunk Highway No. 212.
E.St.Louis Street-NO PIN,MNDOT Right of Way.described as:
Only that land lying directly 66 feet North of Lot 1, except the west 1 foot thereof, Block 2, Hersey, Staples and
Company's Addition to Stillwater as surveyed and platted, except highway;together with all right of access, being
the right of ingress to and egressfrom the westerly I foot of said Lot 1 to Trunk Highway No.212, with a furthest
Eastern boundary limited to the Rail Road Right of Way(Per 1917 R/W& Track Map).
Orleans Street-NO PIN,Stillwater Right of Way.described as:
Only that land lying directly 33 feet South of Lot 7 except the west I foot thereof,Block 2,Hersey,Staples and
Company's Addition to Stillwater as surveyed and platted except highway;together with all right of access, being
the right of ingress to and egress from the westerly 1 foot of said Lot 7 to Trunk Highway No. 212.
SEE MAPS ON NEXT PAGE(S)
Page 58 of 92
No Parcel#-MNDOT R.O.W.
to OPFi irom STW.
(E.St.Louis Street)
Parcel 34 03 020 24 00 09
To 0 P from STW
4
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Parcel 3403020240010
To OPH from STW
Parcel 340302024QQ 11
To 0 P fiats►STW
No Parceg
r' STW R.O.W.(Orleans St.)
� To OPH from STW
Page 59 of 92
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Page 61 of 92
MEMORANDUM OF UNDERSTANDING
Concurrent Detachment and Annexation
Cities of Oak Park Heights and Stillwater
The Cities of Stillwater and Oak Park Heights have a mutual interest in the detachment and annexation of certain lands
which provides reasonable benefits to each city.The following terms outline commitments and timelines upon which
both parties can rely to contemplate and complete such transfers in a timely fashion.
The Parties Agree as Follows:
1. The City of Stillwater will detach parcels/lands listed or shown in Exhibit A for concurrent annexation into Oak
Park Heights. The City of Oak Park Heights will detach parcels/lands listed or shown in Exhibit B for concurrent
annexation into Stillwater.
2. Pursuant to the Oct,4th, 2005 Washington County Government Center Agreement- Sec. III, Part 6, Oak Park
Heights will also detach the parcel shown in Exhibit C for concurrent annexation into Stillwater. The PID for this parcel
is#3403020330106.
3. The City of Stillwater commits and warrants to Oak Park Heights that should any redevelopment, expansion or
change of use be sought upon lands lying east of Ozark Ave,West of Panama Ave and South of Orleans Street the
parties agree that:
a. INGRFSS nr EGRESS access may remain from Ozark to serve existina residence at 14951 65th Street.
b. At such time as the property at 14951 65th Street and/or upon directly adjacent lands lying west of
Panama Ave and south of Orleans St. is sought for expansion or redevelopment, all access to Ozark
Ave shall be removed and substantial berms and/or other landscaping shall be installed to prevent
alteration and access. Landscaping, including for example low berms, evergreen trees and other
traditional screening shall be installed along the westerly side so as to provide further visual buffers to
the residential areas.
c. At the time of redevelopment (or any replacement of fixtures) all building and site lighting shall and
compliant with both cities lighting regulations—whichever is more restrictive, including the use of"full-
cut off°lighting.
d. There shall remain a minimum 30'buffer from the eastern ROW line of Ozark Ave and no development
may occur in in this area—(See Exhibit B)and shall remain as a wooded/natural area.This area also
contains a stormwater basin that serves both OPH and STW and which shall not be altered without
further written agreements. The eastwardly limits of this buffer area is approximately 60'from the center
line of the Ozark Ave roadway.
e. Any storm water improvements from the Ozark and 64th Street drainage district shall be cost shared
between both Cities based on the contributing drainage area from each respective City.
4. The City of Oak Park Heights commits and warrants to Stillwater that all lands transferred into Oak Park Heights
shall remain in public ownership and that the City of Stillwater is not responsible for any further site maintenance of
these parcels.
5. The City of Oak Park Heights shall assume all maintenance of the trail-way located along the eastern side of
Lookout Trail relieving Stillwater of this specific obligation that may be found in the MOU Agreement dated 9/8/06,Part
B.Sec.a and/or its subsequent Agreements being MNDOT Contract No.01433 and MnDOT Contract No.04958.The
August 27,2019
Page 62 of 92
City of Oak Park Heights shall work with Stillwater to initiate any necessary amendments with MNDOT regarding these
agreements. These Agreements are incorporated by reference. In all cases, except for this specific trail area along
Lnnkout Trail all other responsibilities found the Aareements remain with the City of Stillwater.
6. Subject to the approval of the Oak Park Heights City Engineer,the City of Oak Park Heights shall provide access
to its sanitary, storm and water systems for any further redevelopment of the properties located at 6450 Panama
Avenue,375 Orleans St East and 14951650,St,but such access shall be consistent with other policies and regulations
that are in effect in Oak Park Heights.Any access to Oak Park Heights utility systems shall be subject to the review
and approval of the Oak Park Heights City Engineer, but may not be unreasonably conditioned,withheld or delayed.
The Developer of such lands shall be responsible to cover any Oak Park Heights costs, fees or permits typically
required under Oak Park Heights regulations should access be sought.
7. There are no supplemental payments,transfer of taxation capacity or special assessment privileges provided for
in this MOU.
8. The Public Works Department for both Cities agree to meet and discuss routine maintenance responsibilities of
Ozark and 64"h,Streets including street sweeping,pot hole patching and snow and ice control. Street rehabilitation or
reconstruction project cost shall be split 50%/50%.
9. Oak Park Heights shall be the lead agency and shall initiate and proceed with the annexation and detachment
process with the Office of Administrative Hearings. Stillwater shall cooperate with Oak Park Heights throughout the
process.The Cities shall negotiate and finalize a Detachment&Annexation Resolution to be adopted by both parties.
Final executed copies of the resolutions shall be attached hereto as Exhibit D. Each party will bear its own costs to
complete this transaction.Each City pays half of the State filing fees or costs for the concurrent detachment/annexatinn.
10. It is the understanding of the Cities that all owners of the subject properties concur with the
annexation/detachment proceedings and shall submit separate letters of support.
CITY OF STILLWATER CITY OF PARK HEIGHTS
G ��
Ted K owski a or. Date 2A cCom er, ayor
V' y
Beth Wolf,City Dateis J n,City Administrator Dat
August 27,2019
Page 63 of 92
Exhibit A
Lands to be conveyed from Stillwater to Oak Park Heights
PaIref 10 WH lran STW.�.
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August 27,2019
Page 64 of 92
Exhibit B
Lands to be conveyed from Oak Park Heights to Stillwater
Buffer Area
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Page 65 of 92
Exhibit C
Lands to be conveyed from Oak Park Heights to Stillwater—Parcel#340302330106
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Page 66 of 92
Exhibit D
Copies of Council Resolutions.
August 27,2019
Page 67 of 92
RESOLUTION 2019-094
RESOLUTION APPROVING
MEMORANDUM OF UNDERSTANDING
RELATED TO THE CONCURRENT
DETACHMENT/ANNEXATION OF CERTAIN PARCELS IN
THE CITIES OF STILLWATER AND OAK PARK HEIGHTS
WHEREAS,on July 2, 2019 the City Council of the City of Stillwater agreed in
concept to the concurrent detachment/annexation of certain properties located along the
shared municipal boundary with the City of Oak Park Heights and the City of Stillwater; and
WHEREAS,both the City of Stillwater and the City of Oak Park Heights mutually
benefit from the concurrent action;and
WHEREAS,the City Councils of the respective Cities wish to identify the
commitments and timelines associated with the concurrent action by means of the adoption of
a Memorandum of Understanding.
NOW THEREFORE BE IT RESOLVED that the Stillwater City Council hereby
authorizes the Mayor and City Clerk to execute the Memorandum of Understanding dated
August 27,2019.
Adopted by the Stillwater City Council this 31 day of September,2019.
-�� t��&
Ted Kozlowski,Mayor
ATTEST:
Beth Ward, City Cl
Page 68 of 92
RESOLUTION 19-08-33
RESOLUTION APPROVING
MEMORANDUM OF UNDERSTANDING
RELATED TO THE CONCURRENT
DETACHMENT/ANNEXATION OF CERTAIN PARCELS IN
THE CITIES OF STILLWATER AND OAK PARK HEIGHTS
WHEREAS,on August 27,2019 the City Council of the City of Oak Park Heights
agreed in concept to the concurrent detachment/annexation of certain properties located
along the shared municipal boundary with the City of Oak Park Heights and the City of
Stillwater;and
WHEREAS,both the City of Stillwater and the City of Oak Park Heights mutually
benefit from the concurrent action;and
WHEREAS,the City Councils of the respective Cities wish to identify the
commitments and timelines associated with the concurrent action by means of the adoption
of a Memorandum of Understanding.
NOW THEREFORE BE IT RESOLVED that the Oak Park Heights City Council
hereby authorizes the Mayor and City Administrator to execute the Memorandum of
Understanding dated 8/22/19.
Adopted by the au Por�W`•1tiifCity Council this 2 da of &,-pis f- ,2019.
a
a
�. ,
Mayozr
s'
ATTiEST:
itlerk
Page 69 of 92
THIS PAGE INTENTIONALLY LEFT BLANK
Page 70 of 92
Oak Park Heights
Request for Council Action
Meeting Date October 22nd,2019
Time Required: 5 Minutes
Agenda Item Title: CONSIDER ORDINANCE 1206—PENALTIES FOR UNLAWFUL SALE OF
ALCOHOL
Agenda Placement New Busine
Originating Department/Re ric/oobhnsonxity-At�m'umistrator
Requester's Signature
Action Requested Discussiow4ssible Action.
Background/Justification(Please indicate if any previous action has been taken or if other public
bodies have advised):
Since 2000,the City has implemented civil penalties(sanctions&suspensions)for liquor license compliance violations
under the authority of City Council Resolution 00-07-39;that resolution enclosed.In order to clarify or protect the City's
continued enforcement ability, Staff would offer to the Council that such penalty structure be instead embedded into
the City Ordinance.
The City Attorney has drafted the attached: ORDINANCE 1206—PENALTIES FOR UNLAWFUL SALE
OF ALCOHOL.The ordinance penalties as proposed mirrors the 2000 Resolution including a progressive
penalty structure and rates.
Page 71 of 92
CITY OF OAK PARK HEIGHTS
WASHINGTON COUNTY,MINNESOTA
ORDINANCE NO.2019-
AN ORDINANCE AMENDING CITY CODE TO ADD CHAPTER 1206 ESTABLISHING
PENALTIES FOR THE UNLAWFUL SALE OR FURNISHING OF ALCOHOL BY
LIQUOR LICENSE HOLDERS WITHIN THE CITY OF OAK PARK HEIGHTS
The City Council of the City of Oak Park Heights does hereby ordain that Ordinance 1206 entitled
"Penalties for Unlawful Sale of Alcohol"is hereby added to the City Code of the City of Oak Park
Heights as follows:
ORDINANCE 1206—PENALTIES FOR UNLAWFUL SALE OF ALCOHOL
1206.01 Purpose and Findings. The Oak Park Heights City Council intends to discourage
underage possession and consumption of alcohol by minors and other liquor sales violations within
the City of Oak Park Heights by providing penalties for licensee violations of the law. Minnesota
Statute sec. 340A.415 authorizes the City Council, upon proof of violation of state law, to revoke
the license or permit, suspend the license or permit for up to 60 days, impose a civil penalty of up to
$2,000 for each violation, or impose any combination of these sanctions. This ordinance is intended
to provide a uniform system for assessing and administering sanctions for such violations.
1206.02 Definitions. The Definitions contained in Minnesota Statutes sec. 340A.415 are
incorporated by reference.
1206.03 Prohibited Acts. The following are prohibited acts subject to penalties subject to civil
penalties under this ordinance:
(a) sale or furnishing of alcoholic beverages to minors in violation of Minn. Stat.
§ 340A.503
(b)permitting a person user the age of 21 years to drink alcoholic beverages on the licensed
premises.
(c) any other violation of the terms and conditions of City Code Chapter 1200 or Minnesota
State Law regarding liquor licenses or sale of alcoholic beverages.
1206.04 Compliance and Enforcement. The City conducts regular compliance checks to ensure
that those establishments holding municipal liquor licenses in the City of Oak Park Heights are in
compliance with the state statute. In the event that a liquor license establishment is proved to have
violated city code or state law,then the Council shall determine the appropriate sanction.
1206.05 Civil Penalties.
(a)The designated civil penalties shall constitute advisory guidelines for City Council action
in cases of violation(s) of City Ordinances or State Law regarding City issued liquor
1
Page 72 of 92
licenses. It is understood that the Council may deviate from these advisory guidelines based
upon unique or compelling circumstance presented in individual cases.
First Offense: Five Hundred Dollars($500) civil fine.
Second Offense: One Thousand Dollars ($1,000) civil fine and one five-day license
suspension (Monday through Friday) for "off sale" licensees; and three weekend
days suspension(Friday through Sunday) for"on sale" licensees.
Third Offense: One Thousand Five Hundred Dollars ($1,500) civil fine and a ten-
day license suspension [to include at least one weekend day (Friday, Saturday, or
Sunday)] for "off sale" licensees; and a seven-day suspension for "on sale"
licensees.
Fourth or Subsequent Offense: Sanction determined at City Council discretion, up
to and including permanent revocation of license.
(b) The above sanctions shall be issued and calculated as against all offenses occurring within a
24-month consecutive period counting back from the date of the most recent violation. Any
violations having occurred beyond 24 consecutive months prior to the most recent violation
shall not be counted in terms of imposing the sanctions noted above.
(c) If the City Council imposes a civil fine and/or temporary license suspension, the Council
shall also allow the license holder a reasonable time to pay the fine and complete the
suspension period. A reasonable time to comply means that all fines shall be paid and all
license suspensions served within 60 days unless the Council determines that a different
period of time for compliance is justified under the circumstances of the case. Failure of a
license holder to pay a fine or serve the license suspension within the time prescribed by the
City Council shall cause that license to be immediately suspended until the license holder
achieves full compliance with the sanction and the City Council takes formal action to
reinstate the license at a regularly scheduled council meeting.
(d) Any license holder who has had their license or permits suspended or revoked pursuant to
City action shall not be allowed to operate the activity which required the license until the
license is reinstated. Any operation during a period of suspension or revocation shall be
deemed to be an additional violation of the City's Liquor License Ordinance and of state law
subject to additional civil penalties,up to and including permanent license revocation.
SEVERABILITY
If any provision of this Ordinance is found to be invalid for any reason by a court of competent
jurisdiction, the validity of the remaining provisions will remain with full force and effect.
EFFECTIVE DATE
This ordinance becomes effective on the date of its passage and publication as required by law.
2
Page 73 of 92
Passed and adopted by the City Council of the City of Oak Park Heights this Day of October,
2019.
Mary McComber,Mayor
ATTEST:
Eric Johnson, City Administrator
3
Page 74 of 92
RESOLUTION NO.00-07-39
CITY OF OAK PARK HEIGHTS
WASHINGTON COUNTY,MINNESOTA ,
RESOLUTION OF THE CITY COUNCIL APPROVING
ADVISORY GUIDELINES FOR ESTABLISHMENT OF CIVIL
PENALTIES FOR THE VIOLATION OF STATE LAW
REGARDING THE SALE OR FURNISHING OF
ALCOHOL TO MINORS
WHEREAS, Minnesota Statute §340A.503 provides that it is a gross misdemeanor
to sell,barter,furnish or give alcoholic beverages to a person under 21 years of age;and
WHEREAS, the City conducts regular compliance checks to ensure that those
establishments holding municipal liquor licenses in the City of Oak Park Heights are in compliance
with the state statute. In the event that a liquor license establishment is proved to have violated state
law,then the Council is called upon to determine how to proceed properly;and
WHEREAS,Minnesota Statute§340A.415 authorizes the City Council,upon proof
of violation of state law,to revoke the license or permit, suspend the license or permit for up to 60
days,impose a civil penalty of up to $2,000 for each violation, or impose any combination of these
sanctions.
NOW,THEREFORE, in order to guide the City Council and in order to create a
uniform system for dealing with these violations,the City Council for the City of Oak Park Heights
does hereby approve the following:
1. BE IT RESOLVED that the following designated civil penalties shall
constitute advisory guidelines for City Council action in cases of violation of City issued liquor
licenses. It is understood that the Council may deviate from these advisory guidelines based upon
compelling circumstances presented in individual cases.
SALE OF ALCOHOLIC BEVERAGES TO MINORS
(OR PERMIT A PERSON UNDER THE AGE OF 21 YEARS TO
DRINK ALCOHOLIC BEVERAGES ON THE LICENSED PREMISES):
First Offense: Five Hundred Dollars($500)civil fine.
Second Offense: One Thousand Dollars($1,000)civil fine and one five-day license
suspension(Monday through Friday)for"off sale"licensees; and three weekend days suspension
(Friday through Sunday)for"on sale"licensees.
Page 75 of 92
Third Offense: One Thousand Five Hundred Dollars($1,500)civil fine and a ten-
day license suspension[to include at least one weekend day(Friday or Saturday)]for"off sale"
licensees;and a seven-day suspension for"on sale"licensees.
Fourth or Subsequent Offense: At City Council discretion.
2. BE IT FURTHER RESOLVED that it is the policy of the City Council
that the above sanctions shall be issued and calculated as against all offenses occurring within a 24-
consecutive month period from the date of the most recent violation. Any violations having
occurred beyond 24 consecutive months prior to the most recent violation shall not be counted in
terns of imposing the sanctions noted above.
3. BE IT FURTHER RESOLVED that if the City Council imposes a civil
fine,the Council shall also allow the license holder a reasonable time to pay the fine. A reasonable
time to pay means that all fines shall be paid within 60 days unless the Council determines that a
longer period of time is justified under the circumstances of the case. Failure of a license holder to
pay a fine within the time prescribed by the City Council shall cause that license to be immediately
suspended until full payment is received by the City.
4. BE IT FURTHER RESOLVED that any license holder who has had their
license or permits suspended or revoked pursuant to City action shall not be allowed to operate the
activity which required the license until the license is reinstated. Any operation during a period of
suspension or revocation shall be deemed to be an additional violation of the City's Liquor License
Ordinance and of state law.
Passed by the City Council for the City of Oak Park Heights this 25th day of July,
2000.
X4-live
David S ,M r
A ST:
V�
Thomas Melena
City Administrator
2
Page 76 of 92
Oak Park Heights
Request for Council Action
Meeting Date October 22°a 2019
Time Required: 5 Minutes
Agenda Item Title: 95 Gallon Solid Waste Copl4pRp-Poligy& Ordinance Amendment
Agenda Placement New Business
Originating Department/Requestof: Eric John Cjjy Administrator
Requester's Signature
Action Requested 'scussion P ssib
fie Action.
Background/Justification(Please indicate if any previous action has been taken or if other public
bodies have advised):
During the Council's 2019 Budget work-sessions the Council did discuss the possibility of the implementation of
billing the additional costs of a 95-gallon solid waste container.That discussion is best summarized in the enclosed
POLICY.Such a shift is anticipated to result in a direct$15,000 savings to the City,but may reduce total solid waste
tonnage as a whole.
If this concept is desirable to the Council,the following is generally needed:
1. Adoption of a Formal Policy-ENCLOSED.
2. Adoption of Ordinance Amendments-City Ord 502. ENCLOSED.
3. Ultimately,the City will need to amend its Annual billing/fees resolution to reflect these costs-this will
happen in December. Draft Enclosed.
Page 77 of 92
CITY OF OAK PARK HEIGHTS
POLICY RELATING TO THE BILLING OF DISPOSAL FEES-95-Gallon Containers
Back-around:
In total,the City expends over$250,000 annually in solid waste disposal,recycling services and spring/fall clean-
up costs and generally handles over 2,000,000 lbs.of trash and 500,000 lbs. of recycling annually. Prior to 2009,
these costs were billed directly to residents through a monthly billing based on garbage bin sizing with each eligible
property paying a correlating rate based on requested size of bin(35, 65 or 95 Gallon). However, since 2010 the
City has directly paid for 100%of the monthly solid waste collection costs through its general property tax levy
and the City has not billed a price difference based on requested cart size.
For 2019 the City is billed at $79.00 per ton by the Ramsey/ Washington County Recycling& Energy Board
(RWREB). NOTE: The City and its Haulers are REQUIRED to take all Solid Wastes to the R&E Center as
operated by the RWREB. In 2005 the per ton rate was
$35.00. 1 1 3s Gallon I a Gallon T95 Gallon
Disposal Fes 1$ 173 1s Q93 $ ago
Based on current rates,the monthly household charge billed X 10"Fee $ a.00 $ 4.00 $ 4.00
Recyto the City is noted in the Exhibit. This DISPOSAL,FEE is Y w�te� $ a_oo $ 1.0505 $ 1.00
based upon the tonnage disposal cost of the solid waste per Appliance Fee $ 0.41 $ 0.41 $ 0.41
relative container size being 35,65,and 95-gallon sizes. Til $ 11.69 $ 13.69 $ 19.89
Unfortunately, solid waste costs for disposal of this tonnage has regularly increased and the City's ability to
continue to fully fund these costs through the general property tax levy is declining. Therefore, the City must
evaluate cost savings options where appropriate BUT MUST ensure that a balanced solid waste collection system
is kept in place for all residents
Current City Policy:
As noted above, the current City Policy is that the City does pay 1009/o of all solid waste costs - including
DISPOSAL FEES which is essentially calculated and billed to the City from the waste hauler through this three-
tier bin sizing. The City does not bill for any portion of these costs back to the residential users.
City Policy-Effective January 1 2020(pending adoption of Ordinance Amendments)
As of 1/1/2020 the City will continue to pay for 100%the 35 to 65 gallon bin sizes;however due to the rising costs
of Disposal Fees and the fact that the current policy de-incentivizes the reduction of solid waste the City will
commence billing for the Disposal Fee cost portion differential of the 95-gallon bin over the 65-gallon bin to the
property in the quarterly billing. The 2020 rate shall be$2.97 per month but may increase or decrease as tonnage
rates are adjusted. Residents would have an option to pay the monthly fee increase OR switch to the 35- or 65-
gallon container.
rWLEMIENTATION:
e Upon outreach by the City,properties that desire to retain the 95-gallon carts shall be requested to provide
written acknowledgement that they accept additional charges noted above. A 65-gallon bin will replace,
the 95-gallon bin if that written affirmation cannot be secured.
0 The implementation of the new policy and 95-gallon rates is expected to take up to six months as carts are
switched out(commencing only after Feb 1',2020 following the holiday season)and billing cycles catch
up to the correct bin size.
Page 78 of 92
CITY OF OAK PARK HEIGHTS
WASHINGTON COUNTY,MINNESOTA
ORDINANCE NO.2019-
AN ORDINANCE AMENDING CODE CHAPTER 502 REGARDING COLLECTION
AND DISPOSAL OF GARBAGE AND REFUSE.
THE CITY COUNCIL OF THE CITY OF OAK PARK HEIGHTS, WASHINGTON COUNTY,
MINNESOTA,DOES HEREBY ORDAIN:
Chapter 502 is hereby amended by adding new language and subsections to the City Code of the
City of Oak Park Heights as follows (new/amended language denoted in underlining):
Section 502.02 Residential Garbage Collection_
A. There is hereby created and established a uniform system for the
collection and disposal of garbage and refuse from residential properties
within the City of Oak Park Heights. Commencing January 1, 1999, all
garbage and refuse accumulations generated on single family residential
properties as that term is hereinafter defined shall be conveyed and
disposed of by the City of Oak Park Heights through its authorized agent
and pursuant to the provisions of this Ordinance. No person shall collect
or convey garbage or refuse generated from a single-family residential
property over the streets and alleys of the City or dispose of any garbage
accumulated from a single-family residential structure within the City
except by use of the City's duly authorized agent.
B. The City Council may establish fees directly related to the costs associated
with the collection and diMosal of garbage, refuse, rubbish, recvclables,
white goods or yard waste as collected under Section 502.02 a. These fees
shall be payable by and/or assessable to the property owner on at least a
quarterly basis by the City.
C. The fee rates under Subsection b. may be established at least once
annually by the City Council in its Master Fee Schedule and based upon
estimated volumes and tonnage tipping fees,taxes,collection and disposal
costs as may be supplied by the City's agent. The fees shall be
proportional to the container size used by the residential property.
Section 502.07
[Subsection A—F--unchanged]
[01501-00545r2610116111
Page 79 of 92
[Subsection G—Modified to include Subtitle"Time of Operations"]
G. Time of Operations. All garbage, refuse, rubbish and other materials
accumulated at nonresidential properties shall be collected at least once each
week. No collections of garbage, refuse, rubbish or other materials shall be
made except during the hours of 7:00 a.m. to 7:00 p.m. The days and times at
which licensed haulers shall be collecting from their customers within the City
of Oak Park Heights shall be subject to the approval of the Office of the City
Administrator.
EFFECTIVE DATE
This ordinance becomes effective on the date of its passage and publication as required by law.
Passed and adopted by the City Council of the City of Oak Park Heights this,_ Day of October,
2019.
Mary McComber,Mayor
ATTEST:
Eric Johnson,City Administrator
[01501-00545t2610116111
Page 80 of 92
MAC TEk FEE SCR - 'Pe—u101 10 co 2-adq
Customer Service Call Request $60.00 for first V2 hour + $60.00 for
each additional hour or fraction thereof.
Garbage Rates—Commercial Individually contracted by Business
with City Licensed Sanitation Haulers
Garbage Rates—Residential 2 � y
(Solid Waste&Recycling Containers) the City of Part- Heights. Rx
City eeatfae4 will be billed and paid
b, the resident._Eligible residential
collection has the following rates:
35 Gallon: $0.00
65 Gallon: $0.00
95 Gallon: $2.97 per month
Extra charges for items not covered
under City contract will be billed and
paid for by the resident are:
l. Extra bags shall be $1.i 5 each bay,
2. $13.00 per cubic yaard_ for
rrt-vd' construction debris.
3. $10: for toilets, sinks, bathtubs, $15
for cast iron.
4. carpet $4.00/roll
S.A.C. $2,485 per unit
-Metropolitan Council Service Availability Units determined by Building Official
Charge and/or Metropolitan Council
Sewer Usage-Quarterly Rates: $81.00 qtr.min.—Up to 15,000 gallons
water used
Residential Rates determined by amount of water +
used in the March quarter of each year. $5.70 per each 1,000 gallons over
15,000 gallons up to 50,000 gallons
Commercial, Industrial, Institutional&High +
Density Residential Rates are based upon actual $5.95 per each 1,000 gallons over
usage each quarter. 50,000 gallons
-10-
Page 81 of 92
502
AN ORDINANCE REGULATING THE DISPOSAL OF GARBAGE AND REFUSE AND
PR nvmnvr. 'T'M CREATION AND ESTABLISHMENT OF A UNIFORM[ SYSTEM FOR
COLLECTION AND DISPOSAL OF GARBAGE AND REFUSE.
THE CITY COUNCIL OF THE CITY OF OAK PARK HEIGHTS, WASHINGTON COUNTY,
MINNESOTA,DOES HEREBY ORDAIN:
502.01. Purpose.
It is the purpose and intention of the City Council of the City of Oak Park Heights by
means of this Ordinance to establish a system of uniform garbage and refuse
collection throughout the City. It is the further intention and purpose of the City of
Oak Park Heights to prevent the unregulated and unrestrictive hauling of garbage,
refuse,construction materials and/or recycling materials. All residential properties of
the City are required by this ordinance to make adequate provisions for the disposal
of the sanitary removal of garbage and refuse by the system established through this
ordinance. All commercial,industrial and nonresidential properties shall be required
under the terms of this ordinance to make and confirm the adequate provisions for
the sanitary removal and treatment of garbage and refuse from their properties are
provided for and compliant with the terms and provisions of this ordinance.
502.02. Residential Garbage Collection.
There is hereby created and established a uniform system for the collection
and disposal of garbage and refuse from residential properties within the City
of Oak Park Heights. Commencing January 1, 1999,all garbage and refuse
accumulations generated on single fancily residential properties as that term is
hereinafter defined shall be conveyed and disposed of by the City of Oak
Park Heights through its authorized agent and pursuant to the provisions of
this Ordinance. No person shall collect or convey garbage or refuse
generated from a single-family residential property over the streets and alleys
of the City or dispose of any garbage accumulated from a single-family
residential structure within the City except by use of the City's duly
authorized agent.
b. The City Council may establish tees directly related to the costs associated
with the collection and disposal of garbage, refuse, rubbish, recyclables,
white goods or yard waste as collected under Section 502.02 a. These fees
shall be payable by and/or assessable to the property owner on at least a
quarterly basis by the City.
c. The fee rates under Subsection b. may be established at least once annually
by the City Council in its Master Fee Schedule and based upon estimated
volumes and tonnage. tipping; fees, taxes, collection and disposal costs as
may be supplied by the City's agent. The fees shall be proportional to the
container size used by the residential property.
1
Page 82 of 92
i
502.03. Definitions.
For the purpose of this Ordinance, the following terms, phrases, words and their
derivation shall have the following meanings as provided.
A. "Container"means a 90-96 gallon,60-64 gallon,30-35 gallon receptacle used
to contain garbage and refuse. The City may by resolution from time to time
regulate and prescribe specifications for all such receptacles and containers.
B. "Dwelling Unit" shall mean a separate single family, residential dwelling
with kitchen or area for the preparation of food provided.
C. "Garbage" means animal or vegetable waste resulting from the handling,
preparation,cooking, service and consumption of food.
D. "Recyclables"are reusable or reprocessable materials specified by resolution
of the City Council which shall include,but not be limited to,the following:
newsprint, boxboard, corrugated cardboard, magazines, mixed mail, glass,
plastic,bi-metal cans,aluminum,used motor oil,automotive batteries,tires
and other metal goods.
E. "Recycling Container" means a container supplied by the City of Oak Park
Heights to residential property owners to place recyclable materials into for
collection.
F. "Refuse" is solid waste from residential properties and the City owned and
operated buildings that result from normal operation and use, including
garbage and refuse and specifically excluding compost, yard waste,
recyclables and toxic and/or hazardous waste. Refuse further excludes
industrial,commercial,agricultural and construction materials and/or garbage
and/or rubbish and waste generated from the construction of properties.
G. "Rubbish" is inorganic solid waste, including ashes consisting of both
combustible and noncombustible waste, dirt, household construction
materials, cement, bricks, crockery and other nonreusable waste. Rubbish
also includes nonrecyclable types of glass,paper,cardboard and metal cans.
H. "Toxic and Hazardous Waste"are waste materials including,but not limited
to,poisons,waste,radioactive materials,flammable or explosive materials,
and similar,harmful chemicals and waste which require special handling and
must be disposed of in a manner to conserve the environment and protect the
public health and safety.
I. "Volume Based"refuse and garbage collection means the maximum limit of
garbage and refuse a dwelling unit or other generator of waste is permitted to
2
Page 83 of 92
dispose under the base dwelling unit rate.
K. "White Goods" are large household items including refrigerators, stoves,
dishwashers, washers, dryers, heaters, furnaces, air conditioners, water
softeners,and other appliances which are too large for one person to pick up.
L. "Yard Waste"means garden waste, leaves,lawn cuttings,weeds, shrub and
tree waste,and prunings.
M. "Yard Waste Receptacle" means a paper biodegradable bag which is
available commercially or a permanent container which is identified as
containing yard waste or compost,which receptacle is not exceed 3 5 pounds
in weight when full.
N. "Commercial Establishment"is any premises where commercial,business,
or industrial enterprise of any kind is carried on shall include clubs,churches,
establishments of non-profit organizations where food is prepared or served
or goods are sold for retail distribution.
O. "Sin a Family Residential Unit" means any household within a single or
multiple family structure provided that the same is intended to house four(4)
or less families_
P. "Multiple Family Residential Unit"means any residential structure intended
to house more than four(4)families within a single building.
Q. "Residential Properties"shall mean all single family residences and multiple
family units providing housing for one,two,three or four families.
502.04. Implementation of Uniform Collection of Recycling,Garbage and Refuse Collection
Within All Residential Properties.
The collection of all garbage,refuse and recyclable materials accumulated upon any
residential property shall be placed,stored and maintained in containers provided by
the City. Garbage and refuse containers provided by the City or the City's agent shall
be maintained in good, neat and sanitary condition at all times. All recyclable
materials accumulated or generated upon any residential property shall be placed and
maintained in recycling containers provided by the City or its agent. All recycling
containers provided by the City or its agent shall be maintained in good, neat and
sanitary condition at all times. Residential garbage containers shall be equipped with
handles,tight fitting covers and shall be of capacity specified by the City Council.
All garbage,refuse and recyclable materials generated from any residential property
shall be collected and transported through the City of Oak Park Heights exclusively
by use of the City's garbage collection and recyclable collection systems established
within this Ordinance. No person shall collect or convey garbage,refuse or recycling
materials generated from residential properties over the streets and alleys of the City
except the City's duly authorized agent.
3
Page 84 of 92
502.05. Business,Commercial,Industrial and Multiple Family Collection of Garbage,Refuse
and Recycling.
All garbage and refuse containers in use on premises of any commercial,business or
multiple family establishment,shall be used exclusively and solely for the purpose of
that establishment as a receptacle for the storage and accumulation of its garbage,
refuse and/or recycling. No person shall use the commercial establishment's
garbage, refuse or recycling containers unless specifically authorized by the
commercial establishment. The specifications of all containers on commercial,
business, multiple family and all nonresidential properties shall be subject to
regulation and requirements of the City of Oak Park Heights as may be contained in
resolution of the City Council from time to time. All business,commercial industrial
properties and multiple family residential units (as defined herein) shall directly
contract for removal and disposal of their garbage, waste and refuse by use of
licensed haulers as is prescribed and set forth in Section 502.06 below.
502.06. License Required to Transport All Nonresidential Waste, Garbage, Refuse and
Recycling Materials Over the Streets and Alleys of the City of Oak Park Heights.
No person,firm or corporation shall engage in the business or collecting or removing
garbage, waste, refuse or recycling materials from any nonresidential property
located within the City of Oak Park Heights without first having obtained a license
from the office of the City Administrator. Such license shall be issued by the City
for a period of one(1)year under the terms prescribed within this Ordinance upon
the payment of a license fee, which shall be established by resolution of the City
Council from time to time. A license so issued may be renewed annually upon the
payment of such fee and proof of insurance. In addition to the application fee, all
such licensed individuals must maintain throughout the period of the license the
following:
A. A Certificate of Insurance provided to the City of Oak Park Heights
demonstrating that they have general liability coverage for injury to persons
or property of not less than$1,000,000.00.
B. A Certificate of Insurance provided to the City of Oak Park Heights
demonstrating that they have workman's compensation coverage for the
benefit of their employees.
C. An identification by the proposed licensed hauler as to the nonresidential
properties from which they will be collecting garbage, refuse, recycling
and/or rubbish with the commencement date of the collection identified.
4
Page 85 of 92
D. For all licensed haulers who are proposing to provide service for the removal
of garbage and refuse from the nonresidential property, they shall also
identify a plan for the collection and removal of recycling materials from the
subject property and provide same to the City prior to the commencement of
service.
E. All licensed haulers shall sign a statement certifying to the City of Oak Park
Heights that the refuse and garbage generated from the subject property shall
be disposed at a refuse derived fuel processing facility at which the
operator/licensee has assumed all liability arising from the solid waste
disposal; the Comprehensive Environmental Response, Compensation and
Liability Act;and similar federal and state statutes. The licensee must advise
the City of its intended disposal site not less than twenty-four(24)hours prior
to the transportation of any refuse to said site. A change in location shall also
be reported to the City of Oak Park Heights by the licensee no less than forty-
eight (48) hours prior to any transportation of garbage or refuse from the
nonresidential property. Any deviation from this provision shall be
considered a violation of the Ordinance and can result in the forfeiture of the
license in addition to other penalties.
502.07. Duties and Obligations of License Holders.
All persons, firms or corporations holding a license from the City of Oak Park
Heights pursuant to this chapter must comply with the following operational
requirements. Failure to observe these provisions may be basis for suspension or
revocation of the license in addition to the imposition of other penalties and fines:
A. Operating Procedures. The licensee shall operate in a manner consistent with
its application materials and shall provide notice to the City within ten(10)
days or any change of information,forms,rate structures or certificates filed
as part of the license application process.
B. Compliance with Laws and Regulations. The licensee shall comply with all
state,federal, county and local laws and regulations.
C. Collection Days and Hours. The licensed hauler shall comply with the
garbage or other refuse, rubbish or recyclable collection days and hours as
are approved by the City of Oak Park Heights for the license.
D. Vehicles and Equipment. Each licensed collector shall only use vehicles and
equipment so constructed so that the contents shall not leak or spill. The
vehicle's equipment shall also be kept clean and free from offensive odors as
is possible and shall not stand on any street,alley or public place longer than
is reasonably necessary to collect the garbage, refuse, yard waste or
recyclables from the nonresidential property.
5
Page 86 of 92
E. Reports. All licensed haulers shall report to the City such information as
shall be required from the City Council by resolution from time to time,with
such information being provided as required on forms prescribed through the
office of the City Administrator for such purpose. Reports shall be submitted
quarterly before the 15'day of the month next following close of the quarter.
Haulers are required to report information as specified by Washington
County and/or the City. Haulers shall be required to demonstrate that they
have disposed of garbage at refuse derived processing facilities at which the
operators have assumed all liability arising form the Solid Waste Disposal
Act; the Comprehensive Environmental Response, Compensation and
Liability Act; and other similar and federal and state statutes. Failure to
certify accurate weights in disposal compliance shall be cause for revocation
of the hauling license.
F. Proof of Liability Insurance. All licensed haulers must show proof of
liability insurance,filing with the City evidence of such insurance on all such
vehicles utilized by the hauler in at least the sum of$1,000,000.00 for injury
to persons and/or property. All licensed haulers must also show proof of
workman's compensation liability coverage.
G. All garbage, refuse, rubbish and other materials
accumulated at nonresidential properties shall be collected at least once each
week. No collections of garbage,refuse,rubbish or other materials shall be
made except during the hours of 7:00 am.to 7:00 p.m. The days and times
at which licensed haulers shall be collecting from their customers within.the
City of Oak Park Heights shall be subject to the approval of the Office of the
City Administrator.
502.08. Separation of Materials.
Notwithstanding any of the foregoing,all leaves and grass clippings shall be
separated by all property owners from all other garbage and refuse
accumulated on any premises within the City of Oak Park Heights. As to
residential property owners,such materials shall be provided for in containers
or packages identified by the City and its collection contractor.
All rocks,dirt,demolition materials,debris and construction materials shall
be separated for collection and shall be removed from the construction site in
containers meeting the requirements of the City of Oak Park Heights. The
City Council for the City of Oak Park Heights shall from time to time by way
of resolution establish rules and regulations affecting the manner and storage
and collection of grass clippings and leaves as well as the manner and
collection and removal of rubbish consisting of rocks, dirt, debris,
construction and demolition materials.
502.09. Should any section, subsection, sentence or clause or phrase of this
Ordinance for any reason be held invalid, such decision shall not offset the
6
Page 87 of 92
validity of the remaining portions of the Ordinance. The City of Oak Park
Heights hereby declares it would have passed the Ordinance and each
section, subsection, clause, sentence and phrase thereof irrespective of the
possibility of any one or more of the sections, subsections, clauses or
sentences or phrases be declared unconstitutional or invalid.
502.10. Violation.
Any person who shall violate any provision of this Ordinance shall be guilty of a
misdemeanor and upon conviction thereof shall be punished by a fine not exceeding
$700.00 and/or the cost of prosecutions or in default thereof shall be imprisoned in
the County or City Jail for a period not to exceed 90 days.
Amended: Section 502.1 through 502.10. Passed November 10d, 1998.
7
Page 88 of 92
Oak Park Heights
Request for Council Action
Meeting Date October 22"d,2019
Time Required: 1 Minutes
Agenda Item Title: Communication to Rep. Marquart—City Policy Comments
Agenda Placement New Business
Originating Department/Requestor: Mayor Mary McComber
Requester's Signature
Action Requested Discussion,Possible Action
Background/Justification(Please indicate if any previous action has been taken or if other public
bodies have advised):
Rep. Marquart was recently seeking input from cities related to issues they face related to costs
and presumably tax burdens. I would like to provide a letter from the City to Rep. Marquart that
outlines some of the City's legislative concerns—generally:the timing problems the City faces
in utility valuation reporting,lack of transportation funding,lack of Local Government Aid and
lack of flexibility to raise other revenues outside of the property tax.
Taxes
Chair:Rep. Paul Marquart
Location:Winona City Hall
Agenda:Joint Tax Committee and Properly Tax Division Hearing on Property Taxes
9:00 am-10:30 am
Winona City Hall
207 Lafayette Street,
Winona MN 55987
Public informational hearing on local property taxes,including testimony and discussion on what costs are increasing
the most for local governments and the impact on the community.
1. Review of 2019 major law changes on local taxes and aids to local govemments.
/I. Testimony from local officials on the main expenses their jurisdictions face, what costs are increasing most
significantly, and challenges they face in setting budgets.
lll. Testimony from the public
Individuals may sign up to provide testimony by contacting the committee administrator, Nathan Jesson at
agth a n QnCat c~aq wiz 1�. Thursday, October 03, 2019, 2:00 P
Page 89 of 92
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Page 90 of 92
pli- _11
Oak Park Heights
Request for Council Action
Meeting Date October 22, 2019
Agenda Item Request Comments from City Council on Various Policies
Time Req. 5
Agenda Placement New Business
Originating Department/Requestor Mayor McComber
Requester's Signature . ,{ (�
Action Requested Discussion
Background/Justification (Please indicate any previous action has been taken or if other public
bodies have been advised).
The National League of Cities Transportation Committee, the various League of Minnesota
Cities Policy Committees, and the Metro Cities Association worked very hard over the past
several months reviewing and updating policies. Additionally, the Integrated Resource Plan is
available for comment as well.
If any City Councilmembers have any comments, please provide them to me. The policies and
IRP will be available at City Hall for review. Additionally, they are available online at:
National League of Cities: NLC.org (and in October 16 Weekly Notes)
League of Minnesota Cities: https://www.Imc.org/page/l/currentpolicies.jsp
Metro Cities: https://www.metrocitiesmn.org/assets/docs/legislativepolicies
Xcel Energy: xcelenergy.corn/UpperMidwestEnergyPlan(Select Minnesota)
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