HomeMy WebLinkAbout02-22-2022 Council Packet CITY OF OAK PARK HEIGHTS
CITY COUNCIL MEETING AGENDA
TUESDAY, FEBRUARY 22, 2022 AT 6:OOPM
This meeting will be conducted by video/telephone conference due to the ongoing COVID-19 health
pandemic. The meeting will follow the provisions of Minnesota Statute § 13D.021. Members of the public
may either attend the meeting in person at City Hall in the Council Chambers or may remotely listen to the
meeting as provided in 13D.021, Subd. 3, subject to such person paying for any added cost incurred by the
City as a result of the additional connection. The open meeting can be viewed remotely online at:
https://us02web.zoom.us/j/4786278054 or by calling(312-626-6799)and entering meeting ID 4786278054.
Please contact the City at 651-439-4439 or jpinski@cityofoakparkheights.com in advance of February 22,
2022 if you have any questions about attendance or access.
6:00 p.m. L Call to Order/Pledge of Allegiance/Approval of Agenda
Estimated
times
6:00 p.m. IL Council/Staff Reports
A. Mayor McComber
B. Councilmember Dougherty
C. Councilmember Johnson
D. Councilmember Liljegren
E. Councilmember Runk
F. Staff
• Chief of Police
• Assistant City Administrator/City Clerk(pg. 3)
6:05 p.m. III. Visitors/Public Comment
This is an opportunity for the public to address the Council with questions or concerns on issues not part of the regular agenda(Please
limit comments to 3 minutes in length).
6:05 p.m. IV. Consent Agenda_ (Roll Call Vote)
A. Approve Bills & Investments
B. Approve City Council Minutes—February 8, 2022 (pg. 5)
C. Approve License for Sale/Storage of Fireworks at Menards (pg. 9)
D. Approve Renewal of Consumption and Display Permit for Sodie's Cigar&Pipe
(pg. 11)
E. Impose $500 Sanction and Accept Payment— Speedway Store 97036 for Tobacco
Compliance Failure (pg. 13)
F. Approve Resolution Re-establishing Unchanged Precinct and Polling Place in the
City of Oak Park Heights, Washington County (pg. 15)
G. Approve JPA for Fuel Contract 2022 (pg. 17)
6:15 p.m. V. Public Hearings
A. Amendment to CC 1115 —Fire Code (pg. 23)
6:20 p.m. VI. Old Business
6:20 p.m. VII. New Business
A. Discussion on Remote Meetings —COVID-19 (pg. 31)
B. Set Workshop Meeting Dates (pg. 33)
Page 1 of 34
Agenda
February 22,2022
Page 2
6:40 p.m. VIII. Other Council Items or Announcements
6:45 p.m. IX. Adjournment
Page 2 of 34
P,. -
(30--Ir Park Heights
Req for Council Acti®n
Meeting Date February 22, 2022
Agenda Item Recycling Award
Time Req. 0
Agenda Placement Council/Staff Reports
Originating Departinent/Requestor A-dministration/Jennifer Pinski
Requesters
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 34
City of
Oak Park Heights
14168 Oak Park Blvd.N.Oak Park Heights,MN 55082.Phone(651)439-4439•Fax(651)439-0574
February 10, 2022
Occupant
14224 571h Street N
Oak Park Heights, MN 55082
Dear Resident:
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, February 10, 2022, to determine if you
had your recycling bin out with your regular garbage. Your recycling was out and
ready for collection; therefore, you are one of this month's winners. Please contact
me via phone at 439-4439 or email at jpinski@cityofoakparkheights.com to let me
know your choice of award.
On behalf of the Oak Park Heights City Council, thank you for participating in the
City's recycling program.
Congratulations!
Jennifer Pinski
City Clerk
TREE CITY U.S.A.
Page 4 of 34
Oak Park Heights
Request for CouncE clHan.
Meeting Date February 22, 2022
Agenda Item Approve City Council Minutes—February 8, 2022
Time Req. 0
Agenda Placement Consent
Originating Department/Requestor Administration/Jennifer Pinski
Requester's Signature >. .l -n
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 34
CITY OF OAK PARI{ HEIGHTS
TUESDAY, FEBRUARY S, 2022
CITY COUNCIL MEETING MINUTES
HELD VIA VIDEO CONFERENCE
PER MN STAT. 13D.021
I. Call to Order/Pledge of Allegiance/Approval of Agenda: Mayor McComber
called the meeting to order at 6:00 p m. Present: Councilmembers Dougherty,
Johnson, Liljegren and Runk. Staff present: City Administrator Johnson, Police
Chief Hansen, Assistant City Administrator/City Clerk Pinski, City Engineer
Mann, and City Attorney Sandstrom. Absent: City Planner Richards.
Councilmember Dougherty, seconded by Councilmember Johnson, moved to
approve the Agenda. Roll call vote taken. Carried 5-0.
11. CounciFStaff Reports:
A. Mayor:- McCornber: Mayor McComber reported she attended the
Metropolitan Interface Council for a meeting on affordable housing, the
Coalition of Utility Cities meeting, a Small Cities meeting, a call with
Governor Walz regarding power plant closures and, the LMC Advanced
Leadership Conference. She said she would be attending the Regional
Council of Mayors meeting, a cheek-in meeting with the lobbyists, and a
Minnesota Management and Budget meeting. She announced the LMC
Conference was scheduled for June 22-24 in Duluth and the next JAZB
meeting was set for February 23.
B. Councilmember Dougherty: No report.
C. Councilmember Johnson: No report.
D. Councilmember Lilje en: No report.
E. Councilmember Runk: He reported he would be attending the CVB
meeting on February 9 and the Middle St. Croix Watershed Management
Organization meeting on February 17.
F. Staff: Assistant City Administrator/City Clerk Pinski reported that Judy
Delich of 15073 63`d Street North was chosen as the recycling award
winner.
III. Visitors/Public Comment: None
IV. Consent Agenda:
A. Approve Bills & Investments
B. Approve City Council Minutes—January 25, 2022
Page 6 of 34
City Council Meeting Minutes
February 8, 2022
Page 2 of 3
C. Approve Resolution Granting the Application of Ducks Unlimited St.
Croix Valley Chapter to Conduct a One-Day Raffle at St. Croix. Event
Center on May 5, 2022
D. Approve Renewal of Consumption and Display Permit for St. Croix Yacht
Club
E. Approve Appointment of Randy Thoreson to the Parks and Trails
Commission for a Second Term
F. Approve NLC City Summit Registration
G. Approve Resolution Supporting Housing and Local Decision-Making
Authority
Councilmember Runk, seconded by Councilmember Liljegren, moved to approve
the Consent Agenda. Roll call vote taken. Carried 5-0.
V. Public Hearings: None
Vl. Old Business:
A. Norell Ave/South Frontage Road Project— Bidding Update: City
Administrator Johnson reported that bids were received and the numbers
were significantly higher than the 2019 estimate. City Engineer Mann
reported that it would take the State a couple of weeks to review the bids,
and the City would need to execute a cooperative agreement before the bid
could be awarded. City Administrator Johnson reported that he would
have a meeting with the Finance Director to discuss funding sources and
would bring it back to the City Council. No action taken.
VII. New Business:
A. Amendment to CC1 115 —Fire Code, Adopting 2020 MSFC Appendix P:
Councilmember Runk, seconded by Councilmember Johnson, moved to
set a Public Hearing for February 22, 2022. Roll call vote taken. Carried 5-
0.
B. Local Roads — Speed Limits—Statutory and Local Limits:
Councilmember Runk reported he received an inquiry from a resident
about the possibility of the City lowering speed limits to 20 miles per
hour. He suggested staff get basic information on what the City would
need to do and what the potential costs would be. City Administrator
Johnson reported that he reached out to City Engineer Mann for the cost of
a report.
Councilmember Runk, seconded by Councilmember Johnson, moved to
put this item on an Agenda for a late April worksession. Roll call vote
taken. Carried 5-0.
Page 7 of 34
City Council Meeting Minutes
February 8, 2022
Page 3 of 3
C. Suminer Park Programming; 2022: Councilmember Dougherty, seconded
by Councilmember Johnson, moved to authorize staff to offer the
contracted Summer Park Program Coordinator position to Annie Catherine
Berres for 2022. Roll call vote taken. Carried 5-0.
D. Tennis Sanitation Fee Increase Request: Assistant City Administrator
Pinski reported that Tennis Sanitation requested a four percent increase in
fees and that the Consumer Price Index for private transportation, the
marker outlined in the contract for increases and decreases, recently
released their data for 2021 showing an increase. Pinski recommended the
City Council approve their request.
Councilmember Liljegren responded that he struggled with the
recommendation as he felt Tennis Sanitation bid low to get the contract
and has consistently requested increases. Resident Jim Kremer was present
and noted that under the contract, Tennis Sanitation is allowed to request
the increases.
Councilmember Runk, seconded by Councilmember Johnson, moved to
approve staffs recommendation. Roll call vote taken. Carried 4-1,
Liljegren opposed.
VIII. Other Council Items or Announcements: Councilmember Johnson asked if the
City Council wanted to schedule a virtual goalsetting meeting. Councilmember
Johnson, seconded by Councilmember Dougherty, moved to set a virtual
goalsetting for February 22, 2022 at 5:00 p.m. Roll call vote taken. Carried 5-0.
IX. Adiourn: Councilmember Runk, seconded by Councilmember Liljcgren, moved
to adjourn at 6:32 p.m. Roll call vote taken. Carried 5-0.
Respectfully submitted, Approved as to Content and Form,
Jennifer Pinski Mary McComber
City Clerk Mayor
Page 8 of 34
r
Oak Park Heights
Request for Council. Ac�sGLj.
Meeting Date February 22, 2022
Agenda Item Approve License for Sale/Storage of Fireworks at Menards
Time Req. 0
Agenda Placement Consent
Originating Department/Requestor Adiniiiisti-ation/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).
Menards has submitted an application for sale and storage of fireworks at their store in Oak Park
Heights. The application is complete and the fee has been paid. I recommend approval pending
passage of a background check by the Police Department.
Page 9 of 34
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Page 10 of 34
%OT-4>
a-L,k Heights
Request ibE' Cauncii Action
Meeting Date February 22, 2022
Agenda Item Approve Renewal of Consumption and Display Permit for Sodie's Cigar & Pipe
Time Req. 0
Agenda Placement Consent
Originating Department/Requester Administration/Jennifer Pinski
r . 1
Requester's Signature
Action Requested Approve
Background/Justification (Please indicate any previous action has been taken or if other public
bodies have been advised).
Consumption and Display Permits are issued by the State of Minnesota but require local
approval (MN Stat 304A.414, Subd. 5). This permit allows for a business to allow consumption
but not sell alcohol.
Staff has reviewed the permit and is recommending approval by the City Council.
Page 11 of 34
Minnesota Department of Public Safety
a *`s Alcohol&Gambling Enforcement Division
445 Minnesota Street
as' St Paul . Minnesota 55101
651-201-7507
RENEWAL OF CONSUMPTION AND DISPLAY PERMIT
Permit Fee $250(Renewal Date: April 1)
Eden: 73498 License Code: CDPBL Business Phone: 651-342-0971
LRS Enterprises Inc F NAMF AND
pit DRF-SS
DBA: Sodie's Cigar&Pipe AFF N(.,)t
MAK!:- (:t iAN(at-S
5946 Osgood Ave N
g i?E"t C74'v
Oak Park Heights, MN 55082
Worker's Comp. Ins. Name Policy No. Policy Period
City/County where permit approved
Licensee Name
Address, City, State, Zip
Business Phone Email
By signing this renewal application,applicant certifies that there has been no change in ownership, corporate officers, bylaws,
membership, partners, home addresses,or telephone numbers. If changes have occurred during the past 12 months, please give
details on the back of this renewal,then sign below.
Applicant's signature on this renewal confirms the following:
Failure to report any of the following will result in fines,
1. Applicant confirms that it has never had a liquor license rejected by any cityltownshiplcounty in the state of Minnesota. If ever rejected, please
give details on the back of this renewal,then sign below.
2. Applicant confirms that for the past five years it has not had a liquor license revoked for any liquor law violation(state or local). If a revocation
has occurred, please give details on the back of this renewal,then sign below.
3. Applicant confirms that during the past five years it or its employees have not been cited for any civil or criminal liquor law violations. If
violations have occurred, please give details on the back of this renewal,then sign below.
4. Applicant confirms that workers compensation insurance is in effect for the full license period.
5. Applicant confirms, no club on-sale intoxicating liquor license is held.
6. Applicant confirms business premises are separate from any other business establishment.
Additional information to be provided as is necessary
-Indicate (on back of page)changes of corporate officers, partners,home addresses or telephone numbers:
-Report(on back of page)details of liquor law violations(civil or criminal)that have occurred within the last five years. (Dates, offenses fines or
other penalties, including alcohol penalties):
-Report(on back of page)any license rejections or revocations:
-City/County Comments:
Licensee Signature Date
(Signature certifies all application information to be correct and permit has been approved by city/county.)
City Clerk/County Signature Date
(Signature certifies that a consumptions and display permit has been approved by the city/county as stated above.)
MAKE CHECKS PAYABLE TO: DIRECTOR ALCOHOL AND GAMBLING ENFORCEMENT AND RETURN WITH APPLICATION,
Amount Received
Page 12 of 34
Meeting Date_ February 22, 2022
Time Required:
Agenda Item Title: Impose $500 Sanction and accept payn�cnt-�peediyr-n° stone#7p 6 for
Tobacco compliance failure
Agenda Placement Consent
Originating Department/Requestor Chief of Police Steve Hansen
Requester's Signature _
Action Requested--Impose $ oo Sanction and accept payMent -SpeedAay store# 0 6 for
Tobacco compliance failure
Background/Justification (Please indicate if any previous action has been taken or if other
public bodies have advised):
I am requesting the council to formally impose the $500 sanction against the license holder of
Speedway gas station store#7036 established at the January 11th council meeting,setting this
date for a hearing to show cause.
The merchant Speedway store#7036 has no violations for tobacco sale violations for the past
24months and has chosen to pay the sanction, waiving the hearing on this date.
The sanction was paid by the license holder representative Jesse Sinadinos (distract manager)
on February 17th 2022.
Page 13 of 34
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MOBILE DEPOSIT PROHIBITED
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Page 14mn4
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Oak Park Heights
Request for Council Action
Meeting Date February 22, 2022
Agenda Item Approve Resolution Re-establishing Unchanged Precinct and Polling Place in the
City of Oak Park Heights, Washington County
Time Req. _0
Agenda Placement (:Zy�, R t
Originating Department/Requestor Assistant City Administrator/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. This is required by Minnesota Statute.
Page 15 of 34
RESOLUTION 22-02-10
CITY OF OAK PARK HEIGHTS
WASHINGTON COUNTY,MINNESOTA
RESOLUTION RE-ESTABLISHING UNCHANGED PRECINCT AND POLLING
PLACE IN THE CITY OF OAK PARK HEIGHTS, WASHINGTON COUNTY
WHEREAS, the boundaries of the City of Oak Park Heights precinct, which
consists of the territory of the City of Oak Park Heights, remain unchanged following
state legislative redistricting; and
WHEREAS, the City Council of the City of Oak Park Heights wants to re-
establish the City of Oak Park Heights precinct with the same boundaries as permitted
and required by Minnesota Statutes 204B.14, Subdivision 3(e); and
WHEREAS, the City of Oak Park Heights wants to re-establish the polling place
for the City of Oak Park Heights precinct and have it remain at Oak Park Heights City
Hall, 14168 Oak Park Boulevard North, Oak Park Heights, Minnesota.
NOW, THEREFORE, BE IT RESOLVED, that the City Council re-establishes
that the boundaries of the City of Oak Park Heights precinct are unchanged and re-
establishes said district with the same boundaries pursuant to Minnesota Statutes
204B.14, Subdivision 3(e).
BE IT FURTHER RESOLVED, that the designated polling place for the City of
Oak Park Heights precinct is re-established and remains located at Oak Park Heights City
Hall, 14168 Oak Park Boulevard North, Oak Park Heights, Minnesota in accordance with
Minnesota Statutes 20413.16.
Attached to this Resolution, for illustrative purposes, is a map showing said
precinct and the location of the polling place.
Passed by the City Council of Oak Park Heights this 22"d day of February, 2022.
Mary McComber
ATTEST: Mayor
Eric A. Johnson
City Administrator
Page 16 of 34
Oak Park Heights
Request for Council Action
Meeting Date: February 22nd 2022 Time Required: 1 min.
Agenda Item Title: Approve JPA for Fuel Contract 2022
Agenda Placement: Consent
Originating Department/Requestor: Steve Hansen, Police Chief
Requester's Signature
Action Requested: JPA for Fuel Contract 2022 review and approval
Background/Justification:
Attached is the Joint Powers Agreement with Washington County for the police
department to continue to purchase fuel under the MN contract prices and utilizing
the Washington County Sheriff's office pumps.
This year's bid price will be $2.57 per gallon. With the contract we lock in the
price for the entire year. We do not have the option of using the contract price when
it is lower and then not when the pump price is lower. The commitment is an
averaged expected yearlong price speculated on the ups and downs seen at the
pump. We commit to 750 gallons per month usage in which we use this as a
minimum averaged out over the last several years history participating in the state
fuel contract.
This was verbally presented to Administrator Johnson and Finance Director Caruso
who both recommended entering into the contract.
Approval of the contract in the past has provided savings in the years since I started
participation in the program. It would be reasonably expected to again save money
given the average ups and downs during a normal year to again save the city money
over commercial yearly pay at the pump prices. No guarantees.
Page 17 of 34
#14605
SHERIFF'S OFFICE
JOINT POWERS AGREEMENT BETWEEN THE WASHINGTON COUNTY SHERIFF'S
OFFICE AND THE CITY OF OAK PARK HEIGHTS POLICE DEPARTMENT
THIS AGREEMENT is made by and between political subdivisions organized and existing under
the Constitution and laws of the State of Minnesota. Washington County a political subdivision
by and through its Sheriff's Office (hereinafter "Provider") and the City of Oak Park Heights
Minnesota, a municipal corporation, by and through its City Police Department (hereinafter
referred to as the "City") are the parties to this agreement.
WHEREAS, Minnesota Statutes Section 471.59 provides that two or more governmental units
may by Agreement jointly exercise any power common to the contracting parties.
WHEREAS, the Provider has entered into a Minnesota State Fuel contract February 01, 2022
through January 31, 2023 - Mansfield contract 151943— Fuel Program: Fixed Price and Spot
Price Program for Supplying and Distributing Diesel and Gasoline Products to Program
Participants in the Metropolitan Area, whereby the Provider has agreed to purchase through a
cooperative purchasing agreement, a total of 176,400 gallons -87 octane gasoline from
February 1, 2022 through January 31, 2023. Specifically, 13,200 gallons per month for the
months of, February, March, October, November, December, and January 2023 and 16,200
gallons per month for the months of April, May, June, July, August, and September.
WHEREAS, the Provider provides law enforcement services including but not limited to the
patrol and rescue operations that utilizes squad cars, SUVs, boats, hovercrafts, snowmobiles,
ATVs and assorted gasoline run equipment pursuant to the police powers and law enforcement
authority granted under the laws of the State of Minnesota as a law enforcement agency.
WHEREAS, the City is in need of procuring 750 gallons of gasoline each month to operate its
squad cars and SUVs to provide law enforcement services pursuant to the police powers and
law enforcement authority granted under the laws of the State of Minnesota as a law
enforcement agency.
WHEREAS, at the request of the City, the Provider is willing to provide gasoline to the extent as
identified in this Agreement to the City to assist the City with law enforcement services.
NOW THEREFORE, pursuant to the authority contained in Minnesota Statute Section 471.59.
commonly known as the Joint Powers Act which authorizes two or more governmental units to
jointly exercise any power common to them and /or Minnesota Statutes Sections 626.76 and in
consideration of the mutual covenant herein contain and the benefits that each party hereto
shall derive hereby the Provider and City agree to the following terms and conditions:
Page 18 of 34
CITY'S RESPONSIBILITIES
1. When needed for the City's daily operation of squad cars and SUVs, the City may have
access to the Provider's gasoline pumps located at the LEC 15015 62nd Street, Stillwater
MN.
2. The City's access to Providers gasoline pumps shall be through electronic access issued
to each squad and officer that is employed by the City.
3. Any City law enforcement officer acting under this agreement is considered to be acting
in the ordinary course of his or her employment with the City.
4. Any City law enforcement officer acting under this agreement shall continue to be
covered by his or her employment agency for the purpose of worker's compensation,
unemployment insurance, disability and any other employee benefits and for civil liability
purposes.
5. No City law enforcement officer acting under this agreement may be considered for
liability purposes as an employee of Provider or agent of Provider, for his or her actions
regardless of the supervision or control over the officer's actions.
PROVIDER'S RESPONSIBILITIES
1. The Provider will purchase a total of up to 176,400 gallons - 87 octane gasoline from
February 1, 2022 through January 31, 2023. Specifically, up to 13,200 gallons per
month for the months of, February, March, October, November, December, and January
2023 and 16,200 gallons per month for the months of April, May, June, July, August, and
September.
2. Provider agrees that it will make available the amount of gasoline deemed necessary by
the City for the City's law enforcement usage at its pumps located at the LEC located at
15015 62nd Street, Stillwater MN.
3. The Provider will notify the City if there is any interruption in availability of gasoline at the
LEC pumps as reasonably soon as the Provider becomes aware and for what duration
of time. During any time of interruption the City is responsible to find and pay for its own
gasoline until such time that the availability of gasoline is restored at the pumps located
at the LEC.
4. The cost of gasoline to the City will be at the Provider's rate of$2.5776 per gallon plus
any applicable taxes and fees unless the total monthly gasoline usage is more than the
Provider's purchased monthly amount of gasoline as stated in paragraph 1 of this
section.
Page 19 of 34
5. If the total monthly usage of gasoline is greater than the Provider's purchased monthly
amount and the Provider obtains additional gasoline at a rate higher than $2.5776 per
gallon, the City will be responsible for reimbursing the Provider at the higher rate
charged to the Provider per gallon up to the amount of gasoline used by the City.
TERM OF AGREEMENT
The term of this agreement shall be from February 01, 2022 through January 31, 2023, the date
of the signature of the parties notwithstanding, unless earlier terminated as provided herein.
PAYMENT
The City shall pay the Provider within 30 days of being invoiced for the City's gasoline usage.
INDEPENDENT CONTRACTOR
It will be agreed that nothing within the contract is intended or should be construed in any
manner as creating or establishing the relationship of co-partners between the parties or as
constituting the City as the agent, representative, or employee of the Provider for any purpose
or in any manner whatsoever.
ASSIGNMENT
The City shall not assign any services contemplated under this agreement.
INDEMNIFICATION
The City agrees it will defend, indemnify and hold harmless the Provider, its officers and
employees against any and all liability, loss, costs, damages, and expenses which the Provider,
its officers, or employees may hereafter sustain, incur, or be required to pay arising out of the
negligent or willful acts or omissions of the City in the performance of this agreement.
INSURANCE REQUIREMENTS
The City agrees that in order to protect itself, as well as the Provider, under the indemnity
provisions set forth above, it will at all times during the term of this Agreement, keep in force the
following insurance protection in the limits specified:
1. Maintain membership and participation in the Minnesota League of Cities Trust or
Commercial General liability Insurance with contractual liability coverage in the amount
of the City's and Provider's tort liability limits set forth in Minnesota Statute Section
466.04 and as amended from time to time.
2. Automobile coverage in the amount of the City's and Provider's tort liability limits set
forth in Minnesota Statute Section 466.04 and as amended from time to time.
3. Worker's Compensation in statutory amount.
Page 20 of 34
Prior to the effective date of this Agreement, the City will furnish the Provider, with certificates of
insurance as proof of insurance. This provision shall be set as a condition subsequent; failure to
abide by this provision shall be deemed a substantial breach of contract. Any policy obtained
and maintained under this clause shall provide that it shall not be cancelled, materially changed,
or not renewed without thirty days notice thereof to the Provider.
DATA PRACTICES
All data collected, created, received, maintained, or disseminated for any purposes by the
activities of the contractor, because of this agreement, is governed by the Minnesota
Government Data Practices Act, Minnesota Statutes Chapter 13, as amended, the Minnesota
Rules implementing such Act now in force or as adopted, as well as federal regulations on data
privacy. For purposes of the Data Practices Act each party shall remain the sole and exclusive
responsible authority as defined by law for all data collected, created, received, maintained or
disseminated by that party.
TERMINATION
Provider or City may cancel this Agreement with or without cause at any time upon giving a 30
day written notice to the Washington County Sheriff or designee or the Oak Park Heights City
Police Chief, City Administrator or designee.
WASHINGTON COUNTY Oak Park Heights
BY: DATE: BY: DATE:
County Board Chair
BY: DATE:
County Administrator
BY: DATE:
Sheriff
Approved to as form:
BRENT WARTNER 02.04.22
Asst. County Attorney
Page 21 of 34
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Page 22 of 34
Oak Park Heights
Request for Council Action
Meeting Date February 8, 2022
Agenda ltem Amendment to CC 1115 —Fire Code
Time Req. 5 +/- Minutes
Agenda Placement Public Hearing
Originating Department/Requestor Code Enf. /Julie HLiltlnan & Police Dept./Steve Hanson
Requester's Signatut�.�..,
Action Requested Adopt Proposed Amendment to CC 1115 —Fire Code
Background/Justification (Please indicate any previous action has been taken or if other public
bodies have been advised).
Page 23 of 34
City of Oak Park Heights
14168 Oak Park Blvd. N. Phone:651.439.4439
Oak Park Heights, MN 55082 Fax:651.439.0574
DATE: February 22, 2022
TO: Mayor&Council
Eric Johnson, City Administrator
FROM: Julie Hultman, Building Official
RE: Consideration of Amendment to City Ordinance 1115 With Regard to the Uniform Fire Code
and its adopted Appendixes, to include 2020 Minnesota State Fire Code Appendix P —
Emergency Responder Radio Coverage.
BACKGROUND:
Appendix P—Emergency Responder Radio Coverage
Washington County and local jurisdictions, including the City of Oak Park Heights, use the 800 Mhz radio
system for dispatching and working channels. The 800 Mhz system allows for enhanced radio communication,
being able to track each individual portable and vehicle radio by ID and user to allow for accountability at
emergency scenes. One of the issues with the 800 Mhz radio system is that it is unable to penetrate some
buildings due to their construction and/or ability for one of the radio towers to connect to the portable radio
Appendix P of the 2020 Minnesota State Fire Code enables local agencies to require the review of radio
coverage in existing and new buildings and require the building owners to add appropriate devices such as
repeaters, additional antennas, etc., to provide adequate emergency responder coverage within the building.
With adoption of Appendix P, the requirement would be applied to new construction and specific permitted
reconstruction/remodel/alteration of commercial and institutional buildings.
Appendix P of the 2020 Minnesota State Fire Code is required to be adopted by the city of Oak Park Heights in
and made part of its Code of Ordinances in order for its provisions to be mandatory. Appendix P has been
adopted by neighboring communities, including the Cities of Bayport, Lake Elmo, Oakdale, Stillwater, and
Woodbury.
RECOMMENDATION: Staff recommends the City Council adopt a motion amending City Ordinance 1115 to
shorten the Ordinance Title to "An Ordinance Adopting the Uniform Fire Code," and to include 2020 MSFC
Appendix P among those adopted in Section 1115.01
Page 24 of 34
1115
AN ORDINANCE ADOPTING THE UNIFORM FIRE CODE AND—NIFO�TIRE
TO LIFE AND PROPERTY- FROM FIRE OR EXPLOSION, PROVIDINCZ, FOR THE 1,SSUE OF
PERMITS FOR f4AZARDOUS USES AND OPERATIONS AND FURTHER AN4E�4)!Nci
O rT;A, ;Cg N0. 1115 OF, T14€-CODE-OF-ORDI-A1ANGES OF T-14€CITY- OF Onit PAR
T-14E GIT)(OF OAK PARK HEIGHTS TO PROVIDE FOR AUTOMATIC FIR9 SUPPRESS
SYSTEMS IN THE CITY-OF OAK PARK HEIGHTS,WASHINGTON COUNTY,MINNESO
THE CITY COUNCIL OF THE CITY OF OAK PARK HEIGHTS, WASHINGTON COUNTY,
MINNESOTA DOES ORDAIN:
1115.01 Adoption of Uniform Fire Code.
There is hereby adopted by the City of Oak Park Heights for the purpose of
prescribing regulations governing conditions hazardous to life and property from fire
or explosion, that certain code and standards known as the Uniform Fire Code,
including Appendix Chapters 1-A, 1-B, 11 C, 1 V-A, V-A, V 1-D-and the Uniform
Fire Code Standards as published by the International Fire Code Institute, being
particularly the 1991 Edition thereof and the whole thereof, and Appendix P of the
2020 Minnesota State Fire Code, and all amendments and changes thereto adopted
by the Minnesota Commissioner of Public Safety through the Division of the State
Fire Marshal and set forth in Minnesota State Rules and. Regulations of the
Department of Public Safety, Fire Marshal Division,Chapter 7511, save and except
such portions as are hereafter deleted,modified,or amended by this Ordinance. One
copy of this code and the standards prescribed pursuant thereto must be and are now
filed in the Office of the City Clerk in and for the City of Oak Park Heights,and the
same are hereby adopted and incorporated as fully as if set forth at length herein,and
from the date on-=whiehon which this Ordinance shall take effect, the provisions
thereof shall be controlling within the limits of the City of Oak Park Heights.
1115.02 Definitions.
"Jurisdiction" means the City of Oak Park Heights.
1115.03 Establishment and Duties of a Bureau of Fire Prevention.
A. The Uniform Fire Code shall be enforced by the Bureau of Fire Prevention in
the Fire Department of the Bayport Volunteer Fire Department which is
hereby established and which shall be operated under the supervision of the
Chief of that fire department.
B. The Chief(or Marshal) in charge of the Bureau of Fire Prevention shall be
appointed by the Bayport Volunteer Fire Department on the basis of
established procedures.
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C. The Chief of the Fire Department may detail such members of the Fire
Department as inspectors as shall from time to time be required or necessary.
The Chief of the Fire Department shall recommend to the Bayport Volunteer
Fire Department the employment of technical inspectors who, when
authorization is made, shall be selected through an examination to determine
their fitness for the position. The examination shall be open to members and
non-inembers of the Fire Department and appointments made after
examination shall be for an indefinite term with removal only for cause.
1115.04 Appeals.
Whenever the Chief disapproves an application or refuses to grant a permit applied
for, or when it is claimed that theprovisions of the Code do not apply or thatthe true
intent of the Code does not apply or has been misconstrued or has been wrongly
interpreted, the applicant may appeal from the decision of the Chief of the fire
department to the City of Oak Park Heights within thirty(30)days of the date of the
decision appealed.
1115.05 New Construction and Renovation.
All plans and specifications for new commercial construction and renovation of
commercial or public buildings shall be submitted to and reviewed by the Fire
Department and the fire prevention officer prior to the issuance of the building
permit.
1115.050 Indoor and outdoor storage of fireworks and related products.
There shall be regulated within the City of Oak Park Heights the storage for sale or
other purposes, of fireworks, and toy pistols, toy guns in which paper caps containing
25/100 grains or less of explosive material are used and toy caps which contain less
than 20/100 grains of explosive mixture,wire or wood sparklers of not more than 100
grams of mixture per item, other sparkling items which are non-explosive and non-
aerial and containing 75 grams or less of chemical mixture per tube, or a total of 200
grams or less from multiple tubes, snakes, glowworms, smoke devices or trick
noisemakers which include paper streamers,party poppers, string poppers, snappers,
and drop pops, each containing not more than 25/100 grains of explosive mixture.
The storage of each or any of these materials outside of the principal structure located
upon the lot upon which the storage is occurring, shall be permitted subject to the
following regulations:
I. All such materials must he located at least 100 feet from the principal
structure on the lot.
2. The area in which the storage of these items occur shall be prominently
posted"No Smoking."
3. There shall be no parking of motor vehicles within 25 feet of the
structure containing these items.
2
Page 26 of 34
4. There shall be a minimum of two fire extiiiguisliers present within the
storage area in which these items are kept.
5. The storage area shall adhere to applicable Minnesota Fire Codes and
NFPA Codes.
6. The property owner shall provide a listing of the items to be stored
within the area,together with a site plan,to the Fire Code Official with
the City of Oak Park Heights prior to implementing the storage on the
site and shall obtain a permit for the storage of these items for which
there shall be no charge.
The above-referenced items may be stored within the principal structure located upon
the lot provided that the principal structure is fully sprinkled pursuant to the city
ordinances for Fire Suppression Systems, and:
1. The material shall not be located in the building within one hundred
(100)feet of any combustible liquid fuel dispensing or storage facility.
2. The principal structure and the storage of the items within same shall
adhere fully to the Minnesota Uniform Fire Codes and the NEPA
Codes.
3. The property owner shall file a site plan with Building and Fire Code
Officials for the City of Oak Park Heights identifying the place of
storage of such materials and shall receive a permit therefor, for which
there shall be no charge.
1115.06 Penaltv.
Any person violating the provisions of this Ordinance shall be guilty of a
misdemeanor and upon conviction thereof,shall be punished by a fine not to exceed
Seven Hundred Dollars($700.00)or imprisonment for a period not to exceed ninety
(90) days, or both.
Amended: Section 1115.050 passed June 25, 2002
3
Page 27 of 34
CITY OF OAK PARK HEIGHTS
WASHINGTON COUNTY,MINNESOTA
ORDINANCE NO.2022-1115-
AN ORDINANCE AMENDING CHAPTER 1409 CODE OF ORDINANCES
OF THE CITY OF OAK PARK HEIGHTS
THE CITY COUNCIL OF THE CITY OF OAK PARK HEIGHTS, WASHINGTON COUNTY,
MINNESOTA, DOES ORDAIN AS FOLLOWS:
Section 1. The Ordinance title of Chapter 1115 of the Code of Ordinance of the City of Oak Park
Heights is hereby deleted in its entirety and replaced with the following: to read An Ordinance
Adopting The Uniform Fire Code
Section 2. Section 1115.01 of Ordinance 1115 of the Code of Ordinances of the City of Oak Park
Heights is hereby amended to delete and replace in its entirety the following language:
1115.01 Adoption of Uniform Fire Code.
There is hereby adopted by the City of Oak Park Heights for the purpose of
prescribing regulations governing conditions hazardous to life and property
from fire or explosion, that certain Code and standards known as the
Uniform Fire Code, including Appendix Chapters 1-A, 1-B, 11 C, 1 V-A, V-
A, V1-D and the Uniform Fire Code standards as published by the
International Fire Code Institute, being particularly the 1991 Edition thereof
and the whole thereof, and Appendix Chapter P of the 2020 Minnesota State
Fire Code, and all amendments and changes thereto adopted by the
Minnesota Commissioner of Public Safety through the Division of the State
Fire Marshal and set forth in Minnesota State Rules and Regulations of the
Department of Public Safety, Fire Marshal Division, Chapter 7511, save and
except such portions as are hereafter deleted, modified, or amended by this
Ordinance. One copy of this Code and the standards prescribed pursuant
thereto must be and are not filed in the Office of the City Clerk in and for the
City of Oak Park Heights, and the same are hereby adopted and incorporated
as fully as if set forth at length herein, and from the date on which this
Ordinance shall be take effect, the provisions thereof shall be controlling
within the limits of the City of Oak Park Heights.
1
Page 28 of 34
Section 3. 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, Washington
County, Minnesota, on this 122nd day of February,2022.
CITY OF OAK PARK HEIGHTS
Mary McComber, Mayor
Attest: Eric A. Johnson, City Administrator
2
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Oak Park Heights
Request for Council Action
Meeting Date February 22nd, 2022
Time Required: 5 Minutes
Agenda Item Title: Discussion on Remote Meetings—COVID-19
Agenda Placement New Business
Originating Department/Requestor: Eric Johnson, City Administrator
Requester's Signature
Action Requested Discussion, Possible Action
Background/Justification (Please indicate if any previous action has been taken or if other public
bodies have advised):
At the Council January 25th City Council meeting the Council did move its February meetings
slate to virtual ONLY for the next 30 days. 1/25/22 City Council meeting minutes excerpt below.
Councilmember Johnson,seconded by Councilmember Liljegreu,moved that it
was practical and prudent that all public meetings for the next 30 days be held
remotely and that all WqXKWM� e scheduled in February be postponed_Roll call
vote taken.Carred 5-4.
That 30-day shift expires on Feb 24th—meaning the March meetings will NOT BE VIRTUAL.
For the sake of clarity, if the Council does desire to extend it should discuss this matter.
Page 31 of 34
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Page 32 of 34
Oak Park Heights
Request for Council Action
Meeting Date February 22nd, 2022
Time Required: 5 Minutes
Agenda Item Title: Set Workshop Meeting Dates
Agenda Placement New Business
Originating Department/Requestor: Eric Johnson, City Administrator
Requester's Signature
Action Requested Discussion, Possible Action
Background/Justification (Please indicate if any previous action has been taken or if other public
bodies have advised):
Page 33 of 34
r
City of Oak Park Heights
14168 Oak Park Blvd. N•Oak Park Heights,NEN 55082•Phone(651)439-4439•Fax(651)439-0574
2/17/22 - MEMO
TO: Mayor and City Council Members
FROM: Eric Johnson, City Administrator
RE: Needed Meeting Dates
In addition to regularly anticipated meetings, the City has a number of items that need dates to convene and discuss
-including:
• Date for Goalsetting—est. needed time 90 minutes.
• Date for City Council Teambuilding;Aimee Gourley—est. needed time 90 minutes.
Aimee Gourley is available on 3/10, 3/16, 3/30. Monday, 4/4 is also available.
• Date for Meeting with Advisory Panel—est. needed time 60 minutes. Need to confirm dates with these
members
• Date for review of STANTEC—King PLant Utilities/Econ Impacts—est. needed time 60 minutes.
• Date for review of STANTEC—Speed Limits/Turn lane on Osgood/South Frontage Road—est. needed time
30 min.
• Date for Pre-Construction—Neighborhood Meeting—Norell Ave. Project—est. needed time 45 min.
Please see the calendar below and note the Yellow Highlights are the dates with planned City Council meetings and
Commission Meetings. The SQUARE Highlight- March 7th-11th is ISD 834 Spring Break—Some Council members
may be out of town. All meetings would be IN PERSON—not zoom or hybrid—unless the Council directs
otherwise.
March 2022 Ap ri 12022 �
SU MG T 'AE T FR S,A S,U MG TU WE TH FR S
27 h 1 2 3 4 5 1 2
6 7 8 9 10 11 12 3 4 5 617 a 0-
13
13 14 15 16 17 19 1-9 TO 11 12 13 14 15 16
20 21 22 23 24 25 26 17 19 19 20 21 22 23
27 28 2-9 30 31 24 25 26 27 29 29 30
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