HomeMy WebLinkAbout07-25-2023 Council Packet
CITY OF OAK PARK HEIGHTS
CITY COUNCIL MEETING AGENDA
CITY HALL COUNCIL CHAMBERS
TUESDAY, JULY 25, 2023 AT 6:00 P.M.
6:00 p.m. I.Call to Order/Pledge of Allegiance/Approval of Agenda
Estimated
times
6:05 p.m. II. Council/StaffReports
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)
6:10 p.m. III.Visitors/Public Comment
This is an opportunity for the public to address the Council with questions or concerns on issues that are or are 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 Minutes – July 13, 2023 (pg. 5)
C. Approve Letter Committing a Funding Match for 2023 EDA Grant Application –
Well #3 and Pumphouse (pg. 9)
D.Approve Ragnar Relay Event – 2023 (pg. 11)
E. Approve Resolution Waiving 45 Day Notice Requirement for Resignation – City
Administrator Employment Agreement (pg. 29)
6:10 p.m. V. Public Hearings
A. Beekeeping Apiaries – 602 Ordinance Update – Public Hearing and Final Action
(pg. 31)
6:15 p.m. VI.Old Business
A. Fire Services Agreement – Consultant Lead Study – Award (pg. 39)
B. City Council Code of Conduct (pg. 89)
C. Proposed Moratorium on Cannabis Businesses – Set Public Hearing (pg. 99)
6:25 p.m. VII. New Business
A. 2023 Fall City Clean-Up Day RFP (pg. 101)
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B. Stop Sign 57 and Omaha Ave – Related Cut-through Traffic(pg. 113)
C. 5869 Oldfield Ave – Site Clean-up – Collapsed Garage (pg. 115)
D. Washington County – Resolution 2023-036 – City Response (pg. 125)
E. Council Appointments – MSCWMO – Cable Commission (pg. 135)
F. Interim City AdministratorDiscussion(pg. 137)
6:50 p.m. VIII.Other Council Items or Announcements
6:50 p.m. IX.Adjournment
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Oak Park Heights
Request for Council Action
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Meeting Date July 25 2023
Time Required: 5 Minutes
Agenda Item Title: Approve Letter Committing a Funding Match for 2023 EDA Grant
Application – Well #3 and Pumphouse.
Agenda Placement Consent Agenda
Originating Department/Requestor Eric Johnson, City Administrator
Requester’s Signature
Action Requested: Approve Letter Committing a Funding Match for 2023 EDA Grant
Application – Well #3 and Pumphouse.
Background/Justification (Please indicate if any previous action has been taken or if other public
bodies have advised):
Please recall that in May 2023 the City Council did approve an applicationto the Federal EDA
for funding related to the construction of a new Well#3 and pumphouse. The total estimated cost
is $3.56 Million andrequires the commitment of matching funds (50%).
Ultimately, these funds can be from other sources – most likely the Drinking Water Revolving
Loan Fund.
The City match commitment is in the form of a letter – see attached.
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Oak Park Heights
Request for Council Action
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Meeting Date July 25, 2023
Time Required: 1 Minute _____________________
Agenda Item Title: _Ragnar Relay Event -2023__________________________
Agenda Placement Consent Agenda
Originating Department/Requestor Eric Johnson, City Administrator
Requester’s Signature
Action Requested _Authorize the 2023 Ragnar Relay Event to Proceed in the City Pursuant to Final
PERMIT as Developed by Staff.
Background/Justification (Please indicate if any previous action has been taken or if other public bodies
have advised):
The City has been requested to authorize the Ragnar Relay Event move through the City on 8/12/23. Please see the
attached communication. This event has moved through the City in previous years without issue. There are estimated
230 teams w/12 persons on a team, however and there is not the anticipated runner support as may be expected with a
larger event.
The Event is requesting some limited closure of roads by the High School, but needs more review and subject to the
final approval of the Chief of Police. All such costs for such closure would be RAGNAR’S and payable upfront.
Staff does recommend this authorization with the final approval being held by the Chief of Police and the
execution of a Final Agreement and PAYMENT OF ALL FEES UPFRONT consistent with past practices
(Draft Enclosed).
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CITY OF OAK PARK HEIGHTS– RAGNAR RELAY RACE – PERMIT 2023
THIS PERMITis made this __thday of__________2023 between the CITY OF OAK
PARK HEIGHTS, Washington County, Minnesota (“City”), and the Ragnar Events, Inc, (“RACE
HOLDER”) and Anderson Race Management, Inc. (“CONTRACTOR”).
Whereas the RACE HOLDER, via the CONTRACTORhas approached the City – see
letter dated July ______, 2023 in “Exhibit A” - regarding the desire to have the Ragnar Relay
Event (the “Event”)move through the City of Oak Park Heights on Aug ___________2023 . The
City does hereby approve such event subject to the execution of this document by the City, the
RACE HOLDERand CONTRACTOR and the full compliance with all provisions.
RECITALS
1. Ragnar Relay. The City hereby authorizes the RACE HOLDER and CONTRACTOR
to organize and conduct the Event to be known as the “Ragnar Relay” withinthe
statutory limits of the City of Oak Park Heights. There will be a singular event whereby
relay teams will be moving through the City (with no starting, finishing or exchange
points within the City) on the specified date. No route deviations shall occur in the City
without the prior approval of the Chief of Police. “Exhibit A” additionally contains the
route map.
The City expressly states to the RACE HOLDER AND CONTRACTORthat the routes
chosen will be under traffic, including possible construction traffic from the St. Croix
River CrossingProjector other public projectsand the City will not provide any staff
or police officers that will be charged with any traffic management at any area.
At all times will participants will strictly obey traffic laws and utilize in place
pedestrian crossing systems. The Race Holder and Contractor shall make extensive,
proactive efforts to communicate these protocols to it all its participantsand may NOT
block or interfere with public roadways.
2. Limitations. RACE HOLDER and CONTRACTOR agreethat the number of Race
participants for all races will be limited to a total of 1,200 individual participants
through the course of the day.
3. Fees. RACE HOLDER shall pay a City impact fee of $500.00. RACE HOLDER may
seek a waiver of the City’s impact fee from the City Council within the next 12 months.
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4. Parking Control.
Participants in the Event are not anticipated to be parking in the City as there are not
exchange points, nor starting or finishing points. Should the City determine that there
are meaningful number of participants or spectators parking in private lots, the City
reserves the right to withhold penalties as outlined in Section 17.
All garbage and refuse generated by the Event,
5. Garbage and Rubbish Removal.
including that left by participants and/or spectators, will be removed properly and
disposed of bysundown on the day of the Event. TheRACE HOLDERand the
CONTRACTOR will be responsible to reimburse the City for any subsequent cleaning
determined to be necessary by the City as a result of the Race.
6. Portable Toilets.
Portable toilets will not be set-up in the City. Participants or spectators will be ticketed
should they be viewed utilizing inappropriate facilities. Further, should the City
determine that because of the Event, that there are extraordinary circumstances in
which there are persons along or near the race route utilizing inappropriate facilities,
during the race day, the City reserves the right to withhold penalties as outlined in
Section 17.
7. Water Stops and First Aid Stations. A water and first aid station will be established at
locations on the route in keeping with National Race Standards forsimilar events.
Should the RACE HOLDER desire to place astation(s) in the City the RACE
HOLDER shall explicitly seek that permission by supplying the exact locations and
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set-up proposal to the City not later than July 31, 2023. The City shall not
unreasonably withhold such permissions.
8. Emergency Plan. The RACE HOLDERshall provide to the City a copy of their The
Emergency Plan and will thenbe affixed hereto as “Exhibit B”.Failure to provide an
Emergency Plan does not release the RACE HOLDER or CONTRACTOR from
ensuring the protection of its participants. The City may not provide any unique
services to participants in the event of an emergency.
9. Food, Liquor and Vending. RACE HOLDER or CONTRACTOR will not provide
commercial food, liquor or vending, nor will they license others to provide these
services to race participants in the City. This provision does not prevent RACE
HOLDER or CONTRACTOR from providing food and nonalcoholic beverages to
Race participants only and shall be consistent with the intent of this Agreement.
10. Insurance, Hold Harmless, and Indemnity. RACE HOLDERand CONTRACTOR do
indemnify and hold harmless the City with regard to any claims, causes of action or
demands that might be brought against the City arising out of the events authorized by
this Agreementincluding any claim brought by any participant or other impacted party;
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and further, RACE HOLDER agrees to provide to the City evidence of insurance
coverage of at least $1,500,000 of combined single limits covering claims that might
be brought against them that arise out of the events authorized by this Agreement and
to name the City as an additional insured on their policy “as their interest may appear.”
This proof of insurance shall be provided to the City Administrator not later thanJuly
31st, 2023 and affixed here to as “Exhibit C”.
The RACE HOLDER AND CONTRACTOR have been made specifically aware by
the City that runners and participants will be moving across surfaces that are un-even,
unpaved, not regularly maintained for running, are not solely dedicated for pedestrian
traffic and/or are impacted by construction during 2023. The City does not warrant that
any such surface is maintained in a condition that is suitable for the purposes of the
RACE HOLDER AND CONTRACTOR and their participants. The RACE HOLDER
AND CONTRACTOR shall informall participants of these conditions at to use utmost
caution. The City may revoke any permissions granted in this Permit for good cause
and without further advance notice.
ACE HOLDER and CONTRACTOR shall make extensive,
11. Public Information. R
deliberate, affirmative and documented efforts to notify property owners and
businesses along the Racecourse of any restrictions that might be placed upon their
movements during the Race. This shall include a letter sent to each residence along the
race route within 5 business days prior to the event.
12. Community Participation. The City shall work in good faith with RACE HOLDER
and CONTRACTOR to encourage community participation in Race preparation and
Race conduct. The City however shall not be required to performany specific action
or provide any funding or service.
13. Police Power. The RACE HOLDER and CONTRACTOR shall maintain and monitor
his/her personal cell phone at all times on the day of the race, and such phone number
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shall be provided to the City Police Department prior to July 31, 2023.
14. Use of City Parks. RACE HOLDER and/or CONTRACTOR may separately request
in writing the use of various City Parks during set up, execution of the Race, and tear-
down. The City shall endeavor to facilitate such use subject to prior reservations of
recordand in all situations, use of City park and shelters shall operate under City
Ordinances.
15. City Costs. RACE HOLDERand CONTRACTORare jointly responsible to ensure
that the City is reimbursed for all costs incurredby the City to allow such Race,
including but not limited to City Police Department, Public Works Department, and
Fire Department and as needed to safely conduct and maintain the event. A refundable
cash deposit of $1,000.00 and the $500 impact fee mustbe made to the City by RACE
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HOLDER no later thanJuly 31, 2023. This amount shall serve as a security to the City
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and shall be reimbursed to RACE HOLDER at such time RACE HOLDER pays to the
City all costs incurred by the City and/or penalties due The City shall invoice RACE
HOLDER within 60 days of the Race for all final City costs incurred for the Race, if
any.
In the event there is an desired and City approved road closure, the CONTRACTOR
and RACEHOLDER shall provide an additional $2,000 deposit to the City by 7/31/23.
All such costs shall be the responsibility of the CONTRACTOR and RACEHOLDER.
Any costs above or below this $2,000 shall be paid to the City or refunded -
respectively.
erm of this Agreement is forthe dates noted in the Agreement. No
16. Term. The t
extensions may be granted.
17. Non-Compliance. Failure on the part of RACE HOLDER and /or CONTRATOR to
comply with specific provisions of this Agreement, including the providing of the
preparatory documents and actions may result in the City implementing monetary
penalties in the amount of $200.00 for each violation and/or the City’s revocation of
permission to hold this race within the City. The City will provide written notice to
RACE HOLDER for each violation and will bill RACE HOLDER for such violation.
The City may also conclude, through the decision of the Chief of Police that RACE
HOLDER has notprovided the required documentationin the required timelines the
City may then revoke the permission to hold the race within the City limits, as
determined by the Chief of Police. It remains RACE HOLDER’S and
CONTRACTOR’S responsibility to provide the required documents in a fashion
wholly consistent with the dates stated in this Agreement.
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18. Additional Permits. Not later than July 31 2023 the CONTRACTOR shall provide a
copy to the City of the Washington County and/or the State of Minnesota permit(s) (to
be incorporated herein as “Exhibit D”) necessary to hold such race along STH 95 or
other State or County roadways. Failure to provide this information mayresult in the
City revocating this permit.Failure to provide this information mayresult in the City
revocating this permit.
IN WITNESS WHEREOF, the parties have set their hands effective the day and year first
written above.
Ragnar Events, Inc.
(“RACE HOLDER”)
By
Title: _______________________________
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STATE OF_________________________ )
COUNTY OF _____________________ )
The foregoing instrument was acknowledged before me this ___day of______, 2023, by
______________________, the__________________, the duly authorized agent for
_____________________________(theRace Holder).
Notary Public
Anderson Race Management, Inc.
(“CONTRACTOR”)
By:___________________________________
Title: ______________________________________
STATE OF ___________________________ )
COUNTY OF __________________________ )
The foregoing instrument was acknowledged before me this ___day of______, 2023, by
______________________, the__________________, the duly authorized agent for
_____________________________(the Contractor).
Notary Public
City of Oak Park Heights
(“City”)
Mary McComber , Its Mayor
ATTEST:
Eric Johnson,
Its City Administrator
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STATE OF MINNESOTA )
) ss
COUNTY OF WASHINGTON )
The foregoing instrument was acknowledged before me this ____day of_____, 2023, by Mary McComber
Mayor, and Eric Johnson, Administrator, for the City of Oak Park Heights.
Notary Public
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Exhibit A
Route Maps and Letter from Anderson Race Management:
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Exhibit B
The Emergency Plan:
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Exhibit C
Proof of Insurance:
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Exhibit D
Washington County and State of MN Permits:
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Oak Park Heights
Request for Council Action
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Meeting Date July 25, 2023
Time Required: 1 Minute _____________________
Agenda Item Title:Consider Resolution – Waiving 45 Notice Requirement – City
Administrator Employment Agreement
Agenda Placement Consent Agenda
Originating Department/Requestor Eric Johnson, City Administrator
Requester’s Signature
Action Requested Approve Resolution – Waiving 45 Day Notice Requirement for
Resignation–Employment AgreementCity Administrator.
Background/Justification (Please indicate if any previous action has been taken or if other public
bodies have advised):
The currentEmployment Agreement with the City Administrator requires 45 days advanced
notice fora resignationso that the City may be afforded some reasonable time to find a successor
in the event of a voluntary resignation. See Paragraph 2.3 noted below. The City Administrator
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has complied with this notice by providing such good faith notice on April 19, 2023 the
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Resignation Date of September 5, 2023.
It has beenrecentlydiscovered that for the purposes that aid the City Finance Departmentin
allocatingfinal paychecks, vacation time and savingCity costs associatedwith health care for
the month of September, the City and the Employee canagree to amend theResignation Date to
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August 31, 2023 and not incur penalties for either party.
Note:In effect it shortens the terms- by5 days– twoofthese are weekend days and includes Labor Day.
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RESOLUTION ___________
A RESOLUTION WAIVING 45-DAY NOTICE REQUIREMENT – EMPLOYMENT
AGREEMENT CITY ADMINISTRATOR
WHEREAS, the current Employment Agreement with the City Administrator (Employee) requires 45
days advanced notice for a resignation so that the City may be afforded some reasonable time to find a
successor in the event of a voluntary resignation, See Paragraph 2.3 in Agreement; and,
WHEREAS, the Employee has complied with this notice by providing such good faith notice on April
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19, 2023 of the Resignation Date of September 5, 2023 better enabling the City time to plan for
changes; and,
WHEREAS both the City and the Employee do acknowledge that for the purposes that aid the City in
allocating final paychecks, vacation time, sick leave and saving the City costs associated with health care
for the month of September the parties have no concerns with advancing the Resignation Date to August
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31
, 2023.
NOW, THEREFORE, BE IT RESOLVED that the City Council for the City of Oak Park Heights does
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accept a Resignation Date revision to August 31, 2023 and waives the 45-notice requirement outlined in
Section 2.3.
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Approved by the City Council for the Cty of Oak Park Heights this 25 day of July, 2023
______________________________
Mary McComber, Mayor
__________________________
Attest: City Clerk
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Oak Park Heights
Request for Council Action
Meeting Date July 25th, 2023
Time Required: 10 Minutes _____________________
Agenda Item Title:BEE KEEPING APAIRES – 602 Ordinance Update – PUBLIC
HEARING ANDFINAL ACTION
Agenda Placement Old Business
Originating Department/Requestor: Eric Johnson, City Administrator
Requester’s Signature: _____
Action Requested Discussion, Possible Action
UPDATE ONBEE KEEPING– ProceduralClean-up :
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On May 23, 2023 the City Council held a PUBLIC HEARING related to the keeping of bees
(Apiaries) andtook public input about the concept. The Council did take an action on the item
but upon some reflection, while staff didpresentdraft amendments it was not quite ready
for formal approval per-se. Staff wasstill required to prepare the final Ordinance Action
andwe expectedto have that subsequent to the public hearing.
NEW PUBLIC HEARING:
Considering this, Staffwould like to re-establish a new PUBLIC HEARING (see earlier on
Agenda items)as now thata final Ordinance is draftedand formally available for adoption it can
have some elements related to ZONING / land use. That public hearing has been published on
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7/14/23. The May 23Public Hearing was more conceptual engagement– versus formal
Language.
REQUESTED ACTION
1.Hold Public Hearing.
2.Please consider and adopt formal Ordinance Document - NOW ENCLOSED
3.Please Separate Summary Publication.- NOW ENCLOSED.
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NOTICE OF PUBLIC HEARING
Tuesday, July 25, 2023
6:00 p.m.
City Council Chambers
14168 Oak Park Blvd
Oak Park Heights, MN 55082
TOPIC: Residential Honey Bee Keeping – Apiaries
The City Council has taken action to amend Chapter 602 entitled “An Ordinance Regulating the Keeping
of Livestock or Farm Animals and Providing for the Requirement of a Special or Conditional Use Permit”
to allow bee-keeping in areas zoned R1 and R2 with conditions and to require a permit to do so.
This action affects the Zoning Code and requires a public hearing. The public hearing shall be held before
the City Council on Tuesday, July 25, 2023 at 6:00 p.m. at City Hall, 14168 Oak Park Boulevard North,
Oak Park Heights, Minnesota 55082.Written or oral comments will be considered.
Dated this 12th day of July, 2023.
BY ORDER OF THE CITY COUNCIL
Jennifer Pinski, City Clerk
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CITY OF OAK PARK HEIGHTS
WASHINGTON COUNTY, MINNESOTA
ORDINANCE NO. 2023-602-05
AN ORDINANCE AMENDING CHAPTER 602 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. Section 602.01 of Ordinance 602 of the Code of Ordinances of the City of Oak Park
Heights is hereby amended to add the following language:
E. “Bees” are defined at all life stages and cases of the common domestic honey bee,
apis mellifera species.
Section 2. Section 602.08 of Ordinance 602 of the Code of Ordinances of the City of Oak Park
Heights is hereby amended to delete the following language:
Keeping of bees or operating an apiary is prohibited within the City limits.
Section 4. Section 602.11 of Ordinance 602 of the Code of Ordinances of the City of Oak Park
Heights is hereby deleted in its entirety and amended with the following language:
602.11Keeping of Chickens, Ducks and Bees (Apiary).
The keeping of chickens, ducks or bees on any site shall require an annual permit.
The duration of the permit is January 1—December 31 of each year. Only properties
zoned R1, R2 and PUD-Residential may be eligible to secure a permit for any such
uses further subject to the following:
1. The annual fee for such permit shall be $5.00 for up to four chickens, ducks or
bees which must be paid at the time of application. The city zoning administrator
may grant a permit pursuant to this section and the following conditions:
a. The applicant shall make written application on such form as
provide by the City and agree to adhere to all conditions
under which the permit was granted (failure to adhere will
result in refusal/revocation).
b. The applicant adheres to a minimum of one inspection of the
premises on an annual basis, failure to adhere will result in
refusal/revocation.
c. The City’s zoning administrator or animal control officer
may refuse or revoke any permit at any time for unsanitary or
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unfit conditions.
2. Additional RequirementsRelated to Chicks and Ducks:
a.No roosters, drakes or male of either animalmay be kept
within the City limits at any time or for any reason.
b. Only “flightless” duck species shall be permissible in the
City. Clipping of wings is not a permissible alternative of a
flight (flightless) capable duck.
c. At no time shall there be more than any combination of four
chickens or ducks kept on any single or two-family property
(no chickens or ducks are allowed on any property that
contains three or more dwelling units).
d. The conditions under which the chickens or ducks will be
kept and cared for may constitute a nuisance or health/safety
concern if found to be in disrepair, unsanitary and/or unsafe.
e. The chickens or ducks will at no time be contained within a
dwelling unit.
The applicant must demonstrate thatsuitable facilities are
present and appropriate practices are being employed to
preclude surface or ground water contamination, excessive
fecal accumulation, odor, noise or other nuisances.
f. Chickens and ducks must be provided a secure, well
ventilated, roofed structure capable of providing reasonable
shelter during all seasons. No coop, shelter structure or any
form of pen or wading pool, may be closer than 20’ to any
property line and may only be kept in the rear yard. Ducks
must be supplied a wading pool suitable for duck wading,
safe humane access and must be not less than twenty (20)
square feet per duck. Such water source must be regularly
cleaned, not stagnantand not harbor mosquito or other insect
infestation.
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g. No person may allow chickens or ducks to range freely
without fencing or a mobile pen.
h. Chickens or ducks must be kept in the roofed structure (coop)
with an attached pen, or a detached mobile pen suitable for
proper and humane occupation by such animal whenever
they are unattended by the keeper; but when attended by the
keeper, the chickenand ducks are allowed in a completely
fenced exercise yard;
The coops attached pen must be securely constructed with at
least a mesh type material and shall have protective overhead
netting.
The coops attached pen must be well drained so there is no
accumulation of moisture. The floor area of the roofed
structure or a combination of the floor area and attached pen
area must equal at least ten square feet of area per chicken or
duck
i. No person may slaughter chickens or ducks within the City
limits.
j. No person may sell chickens or ducks within the City limits.
3. Additional Requirements Related to Bees.
a. No person is permitted to keep more than the following numbers of
colonies/bees on any lot within the City, based upon the size or
configurationof the apiary lot.
One half acre or smaller lot: 2 colonies; Larger than 1/2 acre lot: 4
colonies maximum. One colony is defined as one standard
“Langstroth-type hive” or similar, including any related appurtenances
and in total may not exceed 20’’Wide x 24’’Long and 36” High.
b. Colonies shall be kept in hives with removable frames, which shall be
kept in sound and usable condition.
c. Owner shall ensure that a convenient source of water is available to the
colony.
d. Owner shall ensure that no wax comb, syrup for feeding honey bees,
or other material that might encourage robbing by other bees are left
upon the grounds of the apiary lot. Such materials once removed from
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the site shall be handled and stored in sealed containers, or placed
within a building or other insect-proof container.
e.Each Owner shall maintain their beekeeping equipment in good
condition, including keeping the hives painted if they have been
painted but are peeling or flaking, and securing unused equipment
from weather, potential theft or vandalism and occupancy by other
swarms.
f.At the time of application, the Owner shall demonstrate they have had
a complete course on beekeeping including but not limited to disease
and mite management and swarm control.
g. If the applicant is not the owner of the property, the owner must co-
sign the application.
Section 9.Effective Date: This ordinance becomes effective on the date of its passage and
publication of the summary as required by law.
Passed and adopted by the City Council of the City of Oak Park Heights, Washington
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County, Minnesota, on this 25 day of July, 2023.
CITY OF OAK PARK HEIGHTS
__________________________________________
Mary McComber, Mayor
_______________________________________
Attest: Eric A. Johnson, City Administrator
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RESOLUTION 23-07-24
CITY OF OAK PARK HEIGHTS
WASHINGTON COUNTY, MINNESOTA
A RESOLUTION AUTHORIZING SUMMARY PUBLICATION OF
ORDINANCE AMENDING CHAPTER 602, AN ORDINANCE REGULATING
THE KEEPING OF LIVESTOCK OR FARM ANIMALS AND PROVIDING FOR
THE REQUIREMENT OF A SPECIAL OR CONDITIONAL USE PERMIT
WHEREAS, the City of Oak Park Heights is a political subdivision, organized
and existing under the laws of the State of Minnesota; and
WHEREAS, the City has amended Chapter 602 of the City Code of Ordinances,
an Ordinance Regulating the Keeping of Livestock or Farm Animals and Providing for
the Requirement of a Special or Conditional Use Permit” was amended to allow bee-
keeping in areas zoned R1 and R2 with conditions and to require a permit to do so; and
WHEREAS, the new ordinance is lengthy and the Council finds that publication
of the title and a summary of the ordinance will clearly inform the public of the intent and
effect of this ordinance.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of
Oak Park Heights hereby approves the following summary of the Ordinance 23-602-05
for purposes of legal publication in the City’s official newspaper:
NOTICE IS GIVEN that on July 25, 2023, the Oak Park Heights City Council
adopted Ordinance No. 2023-602-05 entitled “AN ORDINANCE AMENDING
CHAPTER 602 CODE OF ORDINANCES OF THE CITY OF OAK PARK
HEIGHTS.”
NOTICE IS FURTHER GIVEN that said ordinance is summarized as follows:
Chapter 602 relating to the Keeping of Livestock or Farm Animals was amended to
allow bee-keeping in areas zoned R1, R2, and PUD-Residential with conditions and
to require an annual permit to do so.
The foregoing summary is provided per statutes in lieu of publishing the entire
ordinance. The full ordinance is available for inspection at the City Hall, and can be
provided via mail or email upon written request.
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Passed by the City Council of Oak Park Heights this 25 day of July, 2023.
________________________
Mary McComber, Mayor
ATTEST:
______________________________
Eric A. Johnson, City Administrator
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Oak Park Heights
Request for Council Action
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Meeting Date July 25, 2023
Time Required: 5 Minutes
Agenda Item Title: Fire Services Agreement – Consultant Lead Study – Award
Agenda Placement Old Business
Originating Department/Requestor Eric Johnson, City Administrator
Requester’s Signature
Action Requested: Discussion –Possible Approval of Project
Background/Justification (Please indicate if any previous action has been taken or if other
public bodies have advised):
In February 2023 the City Council directed and authorizedthe issuance of an RFPto solicit for the servicesof
a consultantto engagedissues and matters related to the items outlines in City Resolution 23-02-10
(enclosed)After discussionwith Bayport Staff, Townships and Internal Staff the RFP was crafted into TWO
STEPS with STEP 1issued on 5/26/23 with responses due on 6/30.It was sent to not less thaneight vendors
generally known to work in such trade.(STEP 2 wouldbe separate)
The CIty ultimately received THREE RESPONSES – each enclosed
FITCH - $24,750(all expenses)
SFDPNNFOEBUJPO
MATRIX-$24,000(all expenses)
McMAHON -$39,500 (all expenses)
MATRIX is the lowest submission and appearsto more orless better directlyengage the elements of the
RFP versus a more genericresponsefrom FITCH.MATRIXreference from Medina,MN wasvery positive
FUNDING: The recentState funding passed under the 2023 Public SafetyAid Billnotes that such funds may
be used to “provide for public safety” and itwouldappear thatthispurposesis met in so far that our
communities must ensure we can offer such given services– such a studywouldseem to be a responsible
part of that premise.The prohibitionsunder part (b) clearlyare not elements of this.
The City received approximately$211,357 and is as of thiswriting unallocated. There is no deadline on the
expendituresof these funds.NOTE: West Lakeland didprovide $1,000 for the cause!
RECOMENDATION:STAFF would offer arecommendationto proceed with MATRIX for theSTEP 1
process with funding from the 2023Public Safety AllocationtoOak Park Heights.
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Oak Park Heights
Request for Council Action
th
Meeting Date July 25, 2023
Time Required: 5 Minutes
Agenda Item Title: Fire Services Agreement – Consultant Lead Study – Award
Agenda Placement Old Business
Originating Department/Requestor Eric Johnson, City Administrator
Requester’s Signature
Action Requested: Discussion –Possible Approval of Project
Background/Justification (Please indicate if any previous action has been taken or if other
public bodies have advised):
In February 2023 the City Council directed and authorizedthe issuance of an RFPto solicit for the servicesof
a consultantto engagedissues and matters related to the items outlines in City Resolution 23-02-10
(enclosed)After discussionwith Bayport Staff, Townships and Internal Staff the RFP was crafted into TWO
STEPS with STEP 1issued on 5/26/23 with responses due on 6/30.It was sent to not less thaneight vendors
generally known to work in such trade.(STEP 2 wouldbe separate)
The CIty ultimately received THREE RESPONSES – each enclosed
FITCH - $24,750(all expenses)
SFDPNNFOEBUJPO
MATRIX-$24,000(all expenses)
McMAHON -$39,500 (all expenses)
MATRIX is the lowest submission and appearsto more orless better directlyengage the elements of the
RFP versus a more genericresponsefrom FITCH.MATRIXreference from Medina,MN wasvery positive
FUNDING: The recentState funding passed under the 2023 Public SafetyAid Billnotes that such funds may
be used to “provide for public safety” and itwouldappear thatthispurposesis met in so far that our
communities must ensure we can offer such given services– such a studywouldseem to be a responsible
part of that premise.The prohibitionsunder part (b) clearlyare not elements of this.
The City received approximately$211,357 and is as of thiswriting unallocated. There is no deadline on the
expendituresof these funds.NOTE: West Lakeland didprovide $1,000 for the cause!
RECOMENDATION:STAFF would offer arecommendationto proceed with MATRIX for theSTEP 1
process with funding from the 2023Public Safety AllocationtoOak Park Heights.
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scsbezAnbusjydh/ofu
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Proposal
Fire EMS ServicesAnalysis
Prepared forThe
Oak Park Heights, MN
WASHINGTON COUNTY|MINNESOTA
And the Partnership Group:
City of Bayport
Baytown Township
Lakeview Ambulance
West Lakeland Township
JUNE 7, 2023
Prepared By
Robert Whitaker, Senior Public Safety Team Leader
Jeffrey R. Roemer, Public Safety Manager
Public Safety &Municipal Management
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Proposal
Fire -EMS Services Analysis
Prepared for
WASHINGTON COUNTY|MINNESOTA
Prepared By
McMahon Associates, Inc.| NEENAH, WISCONSIN
JUNE 7, 2023
SECTION 1 -LETTEROF INTEREST..Page 3
SECTION 2-.Page 4
SECTION 3-METHODOLOGY 5
SECTION 4-SCOPE OF WORK.Page 6
SECTION 5-PROJECT FEE/SCHEDULE..Page9
SECTION 6-PROJECT TEAM/ RESUMES10
SECTION 7-REFERENCES2
ATTACHMENTS: ALL RESUMES
FIRE-EMS SERVICESANALYSISPROPOSAL
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ProfessionalConsultingServices
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Public Safety & Municipal Management
June 7, 2023
City of Oak Park Heights
Attn: Eric Johnson
14168 Oak Park Blvd.
Oak Park Heights, MN 55082
Dear Mr. Johnson,
We are pleased to submit a proposal for a Fire-EMS Services Analysis for the 5 communities.
passion for Public Safety and working with Fire-EMS provides the basis for our interest in submitting this
proposal. Municipal Fire EMS Consulting projects have become a major focus for McMahon Associates, Inc.
(McMAHON). Similar work in the past has included departments such as the Cities of Lake Elmo, and Wayzata,
Minnesota, Villages of Mukwonago, Germantown, and Cities of De Pere and Green Bay, Wisconsin.
Group
management consulting services. Most of our clients are public sector entities: municipalities, counties,
tribes, or special districts. Our team of consultants are all senior level staff and are either current or former
municipal management practitioners. An important component of our approach is frequent communication
with the Municipal and Tribal Administration.
Our extensive operational and strategic experience in the public safety area uniquely qualifies us for a project
of this nature. The team has management, operational, technical, and consulting experience with all types of
municipal and public safety operations experience.
Thank you for the opportunity to submit this proposal. If you have any questions or desire to schedule a
meeting where we can present our proposal in more detail and answer any questions, please feel free to
contact me at 414-232-1148 or by email at rwhitaker@mcmgrp.com. We look forward to working with you
on this important project!
Respectfully,
McMahon Associates, Inc.
Respectfully,
McMahon Associates, Inc.
Robert Whitaker Jeffrey R. Roemer
Senior Public Safety Team Leader Public Safety Manager
JRR:kmh
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Section 2
Qualifications
McMAHON provides public management consulting that provides professional, high quality public
management consulting, project management and other related services to organizations
throughout the United States and abroad. Our consultants have served the needs of numerous
municipalities throughout the United States and remain very active with several public safety and
government related organizations including:
Wisconsin City/County Management Association
International City/County Management Association
Wisconsin State Fire Chiefs Association
International Association of Fire Chiefs
International Association of Police Chiefs
Association of Public Safety Communications Officials
Paramedic Systems of Wisconsin
National Emergency Number Association
National Police Protection Association
Wisconsin Society of Certified Public Managers
Wisconsin State Police Chiefs Association
Wisconsin Association of Public Safety Communications Officials
Our consultants possess in-depth knowledge of relevant aspects of public service, which includes
administration, communications, organization, labor relations, human resources, economics, and
standards. This knowledge allows us to provide clients with an intellectual and objective analysis of
the information received. This information is then presented in an easily understood format,
allowing policy boards to make knowledgeable and informed decisions.
Project progress is measured against an established work plan, timetables, budget, and list of
deliverables. Project methodology includes frequently scheduled progress meetings to discuss
progress as well as new or unanticipated issues. The work plans are focused, coordinated, and
logical. Project team members are also available throughout the duration of the project.
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Section 3
Methodology
Our approach to this project requires a clear understanding of the current contracted Fire-EMS
Departments organization, staffing, operations, administration, planning, and related concerns.
The key elements of our methodology include:
A clear understanding of the project background, complex issues involved and the goals
and objectives.
A work plan that is comprehensive, well designed, practical and provides for ample
opportunity for client input.
Sufficient resources and a commitment to successfully completing the project within
the desired time frame and at a reasonable cost.
Client Input
To develop a comprehensive Service Analysis and make specific recommendations, it is critical that
we receive quality information from officials, staff, and members of the Fire Protection District.
Accordingly, our approach includes regular meetings with the District Communities and their
Administration, along with associated agencies that would have valuable information to
communicate to the Department.
Practical Recommendations
Our goal is to provide you with realistic recommendations for the evaluation of fire and emergency
service delivery structures, cost savings, providing analysis on alternative organizational structures
to improve efficiency and identify opportunities for collaboration with immediately surrounding
agencies and Lakeview Ambulance. These recommendations need to be based on sound practical
standards, economics, and operational effectiveness.
Project Management
A successful assessment and the provision of effective recommendations requires a special effort to
ensure that all levels of the project receive adequate attention and those findings and
recommendations are thoroughly coordinated. This is accomplished by the development and
adherence to a project work plan, clear management team assignments and frequent
communications with the Partnership Group.
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Section 4
Scope of Work
Project Kickoff
Develop a project team of appropriate users and stakeholders to oversee and participate in
the project. The project team will coordinate project schedules, evaluate findings and
recommendations, and review and present the final documents.
Prepare for and conduct Project Planning Meeting with McMAHON Project Manager, the
Project Team and key project personnel. The purpose of the meeting will be to define scope
and mission, discuss the work plans, establish liaison responsibilities, coordinate project
schedules, and confirm other general arrangements.
Initial Assessment and Observations
Obtain and review documentation pertaining to this project, such as existing fire department
documentation, policies and procedures, detailed call volume statistics, community
development plans, service contracts, surveys, capital improvement plans and previous
studies.
Continued Assessment and Documentation
Assess the current Fire-EMS operations and shared services, to begin to assess future needs
by conducting interviews and on-site observations with representatives of the department,
and Partnership Group. The interviews and observations will be held in both group and
individual settings with personnel from the following areas:
Fire Department
Administration
Surrounding Fire-EMS Departments
Partnership Group
Partnership Group Economic Development
Interviews and observations will primarily focus on the following issues:
Current fire-EMS operations, staffing and levels of service.
Fire service workload call volume and activity.
Fire operations and service expectations.
Current and anticipated budget issues.
Major equipment needs.
Economic development plans.
Facilities.
Shared services.
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Prepare for and facilitate a project status meeting to discuss the results of the interviews and
on-site observations and to review the next steps of the project.
Analysis, Performance Review and Recommendations
Review present Fire-EMS workflows and processes to analyze and develop potential
organizational and operational requirements. This review will be based on the Commission
of Fire Accreditation International categories and criteria. The performance indicators that
will be examined include the following:
Governance and Administration
Assessment and Planning
Goals and Objectives
Financial Resources
Community Risk Reduction Programs
Physical Resources
Human Resources
Training and Competency
Essential Resources
External Systems Relationships
Health and Safety
Determine any changes, or future trends, for public safety industry standards related to
operational requirements. During the development of all recommendations, McMAHON will
consider many factors and standards as a basis for recommendations, including:
State of Minnesota Statutes and Administrative Code
National Highway Safety Traffic Administration (NHSTA)
Federal Emergency Management Association (FEMA)
Local Related Ordinances
Commission on Fire Accreditation International (CFAI)
National Fire Protection Association (NFPA)
Commission on Accreditation of Ambulance Services (CAAS)
Prepare for and facilitate a Recommendations Meeting to present preliminary findings and
obtain feedback from the Project Team.
Develop a comprehensive detailed Fire-EMS Service Analysis (Analysis), utilizing the
information provided by the documentation received, the interviews and on-site
observations. The projected growth and level of service needs will be considered during the
development of these recommendations to include:
Operational assessment of the Fire Department, including recruitment, employee
selection, staffing, training, National Incident Management System compliance, and
management structure and practices
Service demand level and ability to meet the demand
Effectiveness and efficiency improvements
Evaluation of coordinated fire operations
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Evaluation of shared services
Any other issues identified during the analysis
Document Preparation and Review
List and describe the findings and recommendations with regards to administration and fire
operations. Equipment, staffing, and training will be included in the recommendations.
Prepare budget impact estimates by implementation recommendations, identifying initial
and recurring costs in a separate category for each resource.
Assemble the Analysis document by performing a detailed quality assurance review of the
document to ensure that the document meets the expectations of the Project Team and
conforms to McMAHON's standards.
Prepare, produce, and deliver the draft Analysis to the Project Team for review. Facilitate a
Report Delivery Meeting to review content as well as schedules and expectations for the
remaining project steps.
Facilitate an Analysis Review Meeting with the Project Team approximately one (1) week
after initial delivery to answer questions regarding the content of the Analysis. Make any
changes to the Analysis based on the discussions at the Analysis Review Meeting. Produce
and deliver final document copies to the Project Team.
Facilitate an Analysis review presentation for the Partnership Group.
The scope of the work will be completed in a two-step process.
In step one McMAHON will meet individually with each participating Member as well as
Lakeview Ambulance to listen to their concerns, ideas, and concepts as to how they
view the current delivery of services, their current strengths, and vulnerabilities and
their specific entities vision of the next decade (SWOT). McMAHON will also
meet and interview other (minimum of three (3)) area Departments in the east- metro area
(one being Stillwater) to gather additional data to compare and contrast if these
experiences are consistent or unique.
McMAHON will then summarize these concerns and interviews into a STEP ONE
REPORT.
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Section 5
Project Fee / Schedule
Project Fee
McMahon Associates, Inc. proposes to provide the Scope of Services described in this Proposal for
the Fire-EMS Service Analysis as follows:
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Upon acceptance of this Proposal, McMAHON will prepare an Agreement incorporating the Scope
of Services and terms outlined here. All services will be provided in accordance with our General
Terms & Conditions, dated March 19, 2020, which will be incorporated into the Agreement for
reference.
Payment will be as follows:
20% initial payment will be made at time of Agreement signing, balance is due when final report is
delivered.
Project Schedule
McMAHON has the staff available to begin this project immediately upon award. Based on our prior
experience on similar projects, it is estimated that this analysis will take approximately four (4)
months to complete. This timeline is contingent upon data being readily available and in a format
that facilitates analysis.
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Section 6
Project Team / Resumes
Personnel assigned to this project are selected from McMahon Associates, Inc. (McMAHON). The
Project Manager supervises the project team and clerical personnel support the team. The
combined resources assure that the client receives the best possible combination of professional
attention.
Robert C. Whitaker Senior Public Safety Team Leader
Robert will work as the Project Manager and has over 30 years of experience in the fire,
emergency medical and emergency management field. He currently works as a Fire & EMS
Chief/Administrator of a consolidated fire and emergency services department in Wisconsin that
is twice accredited by the Commission on Fire Accreditation International. During his tenure as
Chief, he oversaw consolidation of three 911 PSAPs and implementation of a county-wide
CAD2CAD Software System. Prior to his position as Fire Chief, he worked as a Deputy Chief of
Administration, Battalion Chief of Operations and Training Chief. Robert has worked as a
consultant on a variety of public sector management projects, including multiple projects on fire
Emergency Management from Oklahoma State University and is a licensed paramedic in the State
of Wisconsin.
Dan Burns Senior Public Safety Specialist
Dan will assist the Project Team. Dan is a proven healthcare leader with an intense focus on
helping organizations and leaders improve quality, ensure positive financial impact, increase
productivity, and enrich the customer experience. Key strengths include optimizing processes,
service line management, financial and strategic planning, developing, and nurturing new
programs and business plans. He possesses a strong understanding of organizational structure
and a proven ability to align various stakeholders to business objectives. Dan spent 30 plus years
of his career in Emergency Medical Services as a provider, educator and administrator of
hospital-based EMS and prehospital care organizations.
Ed M. Henschel Public Management Specialist
Ed has 40 years of municipal management experience. Prior to joining McMAHON, he served as
a City manager for 30+ years, serving municipalities in Wisconsin and Michigan. Ed was the
Executive Director of the Wisconsin City/County Management Association for 10 years. He also
has 18 years of municipal consulting experience conducting municipal recruitments,
consolidation studies, department operation reviews, and labor negotiations. As a consultant, he
has specialized in shared service and consolidation studies as well as management reviews for a
wide range of municipal departments.
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Kevin I. Bierce Senior Public Safety Specialist
Kevin will assist the Project Team with review of project specific information and processes as well
advise on findings and recommendations. Chief Bierce has been the Fire Chief for the City of
Pewaukee Fire Department since 2008 where he oversees all emergency operations. Prior to
becoming Chief, he worked in various positions to include Assistant Chief, Division Chief of
Prevention, Captain and Lieutenant. As Division Chief of Inspections, Kevin worked to combine
the building inspection department of two communities under the authority of the Fire
Department to create the Building Services Division overseeing building, zoning, and plan review
of all structures in the Village and City of Pewaukee. He is a licensed building official and serves
by appointment of the Governor of Wisconsin on the Wisconsin Commercial Building Code
Council, responsible for the oversight and review of the Wisconsin Building Codes.
Kevin K. Kloehn Public Safety Specialist
Kevin has over 31 years of experience in the Fire, Emergency Medical, and Emergency
Management field. He currently works as a Fire Chief of a consolidated fire department in
Wisconsin. Before his position as Fire Chief, he worked as a Shift Commander/Battalion Chief,
Captain, and Driver. Prior to becoming a career Fire Chief, Kevin worked as a Fire Chief for a
Volunteer Department for 8 years in which he consolidated two (2) Fire Departments within a
Community. Kevin has experience on two (2) major Consolidation Projects, Strategic Planning,
Emergency Operations Planning, and developing Training Plans for new Firefighters.
Gerald W. Kudek Public Management Specialist II
Gerald is an experienced and dedicated public safety professional with over 38 years of
experience in the fire service. Starting as a paid-on-call firefighter, he advanced to a full time
career and has served in every aspect of the fire department, from firefighter/EMT, Motor Pump
Operator, Lieutenant in charge of Training, Battalion Chief, and to his last 10 years as Fire Chief.
His strong leadership and relationship building skills were key as the department gained City
Council approval of 9 new firefighter positions (without grant or referendum), as well as moving
forward with new station construction and a station remodel. His areas of expertise include
fiscal responsibility, problem solving, and innovative thinking.
Jeffrey R. Roemer Public Safety Manager
Jeff will assist the Project Team with reviewing of project specific information and processes as
well advise on findings and recommendations. He has over 35 years of experience in public safety
and is currently Public Safety Manager of the Public Safety & Municipal Management Group for
McMAHON. Jeff is a certified public manager and has been providing full time public safety
management consulting for the last 24 years. He worked as a Fire Chief, Police Chief, EMS
Director, and Emergency Management Director before moving into public management
consulting. He has worked with over 300 public safety clients nationwide and internationally.
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Section 7
References
CITY OF LAKE ELMO
Fire Organizational Analysis
Kristina Handt, City Administrator
3880 Laverne Avenue, Suite 100
Lake, Elmo, MN 55042
(651) 747-3905
CITY OF WAYZATA
Fire Organizational Analysis
Kevin Klapprich, Fire Chief
600 Rice Street East
Wayzata, MN 55391
(952) 404-5338
VILLAGE OF GERMANTOWN
Fire Management Counsel Services
Steven Kreklow, Village Administrator
N112W1701 Mequon Road
Germantown, WI 53022
(262) 250-4775
CITY OF GREEN BAY
Interim Fire Chief Services
Chief Robert Goplin
501 S. Washington St. Street
Green Bay, WI 54301
(920) 448-3279
VILLAGE OF MUKWONAGO
Fire Organizational Analysis
John Weidl, Village Administrator
440 River Crest Ct
Mukwonago, WI 53149
(262) 363-6420
CITY OF DEPERE
Interim Fire Chief Services
Larry Delo, City Administrator
335 S. Broadway
De Pere, WI 54115
(920) 339-4044
FIRE-EMS SERVICES ANALYSIS PROPOSAL
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DOOR COUNTY
Interim Emergency Services Director
Ken Pabich, County Administrator
421 Nebraska Street
Sturgeon Bay, WI 54235
(920) 746-2552
MILWAUKEE REGIONAL MEDICAL CENTER
Public Safety Consultant
Robert Simi, Executive Director
8700 W. Watertown Plank Road #5
Milwaukee, WI 53226-3595
(414) 778-4570
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Page 89 of 138
City of Oak Park HeightsCode of Conduct for Elected Officials
Adopted April2023
PURPOSE
This document establishes a code of conduct that councilmembers agree to abide by in carrying
out their duties as elected officials. This code of conduct does not supersede any existing or future
statutory or constitutional rights, but simply outlines appropriate council expectations, behavior
and interactions with each other, city staff, citizens and all other groups encountered as a resultof
city business so as to efficiently and effectively develop and carry out the mission, vision, goals
shall refer to all councilmembers and mayor.
ROLES/RESPONSIBILITIES
Allc--year term. The council as
a whole is a policy making board and as such, it is not the duty of the council to administer the
day-to-day operations of the City. All councilmembers, which includes the Mayor, have equal
votes. No councilmember has more power than any other councilmember, and all should be treated
with equal respect.A Deputy Mayor is appointed prior to or at the first meeting of each year by
the City Council. The Deputy Mayor performs the duties of the Mayor if the Mayor is absent or
incapacitated.
COUNCIL CONDUCT WITH ONE ANOTHER
Councils are composed of individuals with a wide variety of backgrounds, personalities, values,
opinions, and goals. Despite this diversity, all have chosen to serve in public office in order to
preserve and protect the present and the future of the community. In all cases, this common goal
issues.
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IN PUBLIC MEETINGS
Practice civility, professionalism and decorum in discussions and debate
Difficult questions, tough challenges to a particular point of view, and criticism of ideas and
information are legitimate elements of a free democracy in action. This does not allow, however,
Councilmembers to make belligerent, personal, discriminatory, slanderous, threatening, abusive,
or disparaging comments. No shouting or physical actions that could be construed as threats will
be tolerated. Councilmembers should conduct themselves in a professional manner at all times.
Public signs of disrespect, like eye rolling, not looking at a speaker, etc. should be avoided.
Honor the role of the Mayor in maintaining order
The Mayor is the presiding officer at all meetings of the council. In the absence of the mayor, the
Deputy Mayor will preside. It is the responsibility of the Mayor to keep the comments of
Councilmembers on track during public meetings. Councilmembers should honor efforts by the
Mayor to focus discussion on current agenda items. If there is disagreement about the agenda or
uld be voiced politely and with reason.
Avoid personal comments that could offend other Councilmembers
If a Councilmember is personally offended by the remarks of another Councilmember, the
offended Councilmember should note their concerns during the meeting,make notes of the actual
words used and request the other Councilmember to justify or apologize for the language used.
The Mayor will maintain control of this discussion.
Demonstrate effective problem-solving approaches
Councilmembers have a public stage to show how individuals with disparate points of view can
find common ground and seek a resolutionthat benefits the community as a whole.
Councilmembers have made a commitment to attend meetings and participate in discussions.
Therefore, it is important that the Councilmembers be punctual and that meetings start on time. It
is equally important that discussions on issues be relative to the topic at hand to allow adequate
time to fully discuss scheduled issues.
IN PRIVATE ENCOUNTERS
Continue respectful behavior in private
The same level of respect and consideration of differing points of view that is deemed appropriate
for public discussions should be maintained in private conversations.
Even private conversations can have a public presence
Elected officials are alwayson display their actions, mannerisms, and language are monitored
by people around them that they may not know. Lunch table conversations will be eavesdropped
upon, parking lot debates and arguments will be watched, and casual comments between
individuals before and after public meetings noted. Before Council meetings are opened and after
they are closed, Councilmembers should avoid any pre-and post-meeting discussionson public
businessOpen Meetings
Law, or at least be perceived as a violation.
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COUNCIL CONDUCT WITH CITY STAFF
Governance of a City relies on the cooperative efforts of elected officials, who set policy, and City
. Therefore, every effort should be
made to be cooperative and show mutual respect for the contributions made by each individual for
the good of the community.
Treat all staff as professionals
Clear, honest communication that respects the abilities, experience, and dignity of each individual
is expected. Poor behavior towards staff is not acceptable.
Limit contact to specific City staff
Questions of City staff and/or requests for additionalbackground information should be directed
to the City Administratoror Department Heads. The City Administrator should be copied on or
informed of any request. Requests for follow-up or directions to staff should be made only through
the City Administrator. When in doubt about what staff contact is appropriate, Councilmembers
should ask the City Administrator or Mayor for direction. Materials supplied to a Councilmember
in response to a request will be made available to the Mayor and all members of the Council so
that all have equal access to informationspecific to Council action or general information.
Councilmembers should not disrupt City staff while they are in meetings, on the phone, or
engrossed in performing their job functions in order to have their individual needs met. As a matter
of courtesy and effective time management, Councilmembers should schedule appointments with
staff in advance.
Never publicly criticize an individual employee
Councilmembersshould never express concerns about the performance of a non-public officials
that work for the City that is not of public concernin public, to the persondirectly, or to the
person
Administrator through private correspondence or conversation. Councilmembers must respect the
innesotaGovernment Data Practices Act.
Do not get involved in administrative functions
Councilmembers must not attempt to influence City staff on the making of appointments, awarding
contracts, selecting consultants, processing development applications, or granting City licenses
and permits.
Do not attend staff meetings unless requested by staff
EveniftheCouncilmember does not say anything, the
Limit requests for staff support
Requests for additional staff supporteven in high priority or emergency situations should be
made to the City Administrator who is responsible for allocating City resources in order to
maintain a professional, well-run City government.
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Do not solicit political support from staff
Councilmembers should not solicit any type of political support (financial contributions, display
of posters or lawn signs, name on support list, etc.) from City staff. City staff may, as private
citizens with constitutional rights, support political candidates but all such activities must be done
away from the workplace.
COUNCIL CONDUCT WITH THE PUBLIC
Making the public feel welcome is an important part of the democratic process. No signs of
partiality, prejudice or disrespect should be evident on the part of Councilmembers toward an
individual participating in a public forum. Every effort should be madeto be fair and impartial in
listening to public testimony or comment. The Oak Park Heights City Council has adopted a Policy
on Public Speaking at City Council and Commission Meetings which should be referenced, in
addition to this Code of Conduct.
Be welcoming to speakers
Speaking in front of the Council can be a difficult experience for some people. Some issues the
way that the Council treats people during public hearings can do a lot to make them relax or to
push their emotions to a higher level of intensity. Deescalating a situation will lead to a more
productive outcome for all involved and the community as whole.
Give the appearance of active listening
It is disconcerting to speakers to have Councilmembers not look at them when they are speaking.
It is fine to look down at documents or to make notes, but reading for a long period of time or
gazing around the room gives the appearance of disinterest. Be aware of facial expressions,
especially those that could be interpreted as "smirking," disbelief, anger or boredom.
No personal attacks of any kind, under any circumstance
Councilmembers should be aware that their body language and tone of voice, as well as the words
they use, can appear to be intimidating or aggressive.
COUNCIL CONDUCT IN UNOFFICIAL SETTINGS
Make no promises on behalf of the Council
Councilmembers will frequently be asked to explain a Council action or to give their opinion about
an issue as they meet and talk with constituents in the community. It is appropriate to express
personal feelings or positions on an issue or to give a brief overview of City policy and to refer to
City staff or Council for further information. It is inappropriate to overtly or implicitly promise
Council action, or to promise City staff will do something specific (fix a pothole, plant new
flowers, approve a license or permit, install a traffic sign, etc.).
Make no personal comments about the Mayor or other Councilmembers
It is acceptable to publicly disagree about an issue, but it is unacceptable to make defamatory
derogatory comments about the Mayor or other Councilmembers, their opinions and actions.
Remember that despite its continued growth, Oak Park Heightsis a small community
Councilmembers are constantly being observed by the community every day that they serve in
office. Their behaviors and comments serve as models for proper deportment in the City of Oak
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Park Heights. Honesty and respect for the dignity of each individual should be reflected in every
word and action taken by Councilmembers. It is a serious and continuous responsibility.
COUNCIL CONDUCT WITH OTHER PUBBLIC AGENCIES
Be clear about representing the City or personal interests
If a Councilmember appears before another governmental agency or organization to give a
statement on an issue, the Councilmember must clearly state:
1)Iftheir statement reflects personal opinion or is the official stance of the City;
2)Whether this is the majority or minority opinion of theCouncil, iftheCouncil has taken
a position on the matter. Even if the Councilmember is representing their own personal
opinions, remember that this still may reflect upon the Council as an organization and
the City as a whole.
If the Councilmember is representing the City, the Councilmember must support and advocate the
official City position on an issue,not a personal viewpoint even if the Councilmember may
personally disagree with theCitysofficial position.
If the Councilmember is representing another organization whose position is different from the
City, the Councilmember shouldwithdraw from voting on the issue if it significantly impacts or
is detrimental to the Citys interest.Councilmembers should be clear about which organizations
they represent and inform the Council of their involvement.
Correspondence also should be equally clear about representation
City letterhead may be used when the Councilmember is representing the City and the Citys
official position. A copy of official correspondence should be given to the City Administrator to
be filed aspart of the permanent public record.
City letterhead may not be used for correspondence of Councilmembers representing a personal
point of view, or a dissenting point of view from an official Council person.
City Councilmembers should refer to the Oak Park Heights City Letterhead Policy.
COUNCIL CONDUCT WITH COMMITTEES AND COMMISSIONS
The City has established several Committees and Commissions as a means of gathering more
community input. Citizens who serve on and Commissions become more involved in government
and serve as advisors to theCity Council. They ar
and should be treated with appreciation and respect.
If attending a Commission meeting of which the Councilmember is not a member, be
careful to only express personal opinions
Councilmembers may attend any Commission meeting, which are always open to any member of
the public. Councilmembers should be sensitive to the way their participation especially if it is
on behalf of an individual, business or developer could be viewed as unfairly affecting the
process. Any public comments by a Councilmember at a Commission meeting should be clearly
made as individual opinion and not a representation of the feelings of the entire City Council. Also,
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function. In addition, Councilmembers must be cognizant ofhow their presence impacts any
potential quorum of the Council and, therefore, the resulting implications under Minnesota's Open
Meeting Law.
Do Not LobbyCommission members
It is inappropriate for aCouncilmember to contact aCommission member to lobby on behalf of
an individual, business, or developer. Councilmembers should contact staff in order to clarify a
position taken by the Commission.
Remember that Commissions serve the community, not Councilmembers
The City Council appointsindividuals to serve on Commissions, and it is theresponsibility of
Commissions to follow policy established by the Council. But Commission members do not report
to Councilmembers, nor should Councilmembers feel they have the power or right to threaten
Commission members with removal if they disagree about an issue. Appointment and
reappointment to a Commission should be based on such criteria as expertise, ability to work with
staff and the public, and commitment to fulfilling official duties. A Commission appointment
should not be used as a political "reward."
Be respectful of diverse opinions
A primary role of Commissions is to represent many points of view in the community and to
provide the CityCouncil with advice based on a full spectrum of concerns and perspectives. The
Councilmust be fair and respectful of all citizens serving on Commissions.
Keep political support away from public forums
Commission members may offer political support to a Councilmember, but not in a public forum
while conducting official duties. Conversely, Councilmembers may support Commission members
who are running for office, but not in a publicforum while conducting official City meetings.
COUNCIL CONDUCT WITH THE MEDIA
Councilmembers may be contacted by the media for background and quotes.
The best advice for dealing with the media is to never go "off the record"
Most members of the media represent the highest levels of journalistic integrity and ethics, and
can be trusted to keep their word. But one bad experience can be catastrophic. Words that are not
said cannot be quoted. Words that are said cannot be unsaid.
The Mayor may bethe official spokesperson for the representative on City position
The Mayor may bethe designated representative of the Council to present and speak on the official
City positionwhen appointed by the Council.See City Lobbying Policy. If an individual
Councilmemberorthe Mayoris contacted by the media, the Councilmember should be clear about
whether their comments represent the official City position or a personal viewpoint.
Choose words carefully and cautiously
Comments taken out of context can cause problems. Be especially cautious about humor, sardonic
asides, sarcasm, cursingor word play. When talking to the media, consider the same issues noted
in the In Private Encounters section above.
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COUNCIL CONDUCT WITH SOCIALMEDIA
While every individual has a right to speak out on issues facing the community, Councilmembers
shall not originate content on City social media sites but share the same ability as the public to
comment on City content, subject to the policy noted below. Councilmembers should be careful
to differentiate between their stating personal opinions and stating the formal position of the City
Council. Councilmembers should also refrain from stating how they will vote on a matter before
it comes before the City Council. Councilmembers should comply with the following guidelines
when usingsocial media:
Councilmembers shall not use official City social media sites for campaign purposes.
Councilmembers shall not post comments or links to any content that endorses or
Councilmembers are encouraged to avoid posting inaccurate information about their
campaign or any other campaign on any site.
Councilmembers should be mindful of the risks of electronic communication in relation
to the Minnesota Data Practices Act and the Open Meeting Law; two-way
communication between Councilmembers should be avoided.
Councilmembers should not use social media as a mechanism for conducting official
business other than to informally communicate with residents of Oak Park Heightsand
the public.
Councilmembers should reveal their identity as Councilmembers of the City of Oak
Park Heightswhen commenting; elected officials should at all times be honest,
straightforward and respectful of all.
Councilmembers should not disclose non-public information related to co-workers,
staff, personnel data, medical information, claims or lawsuits, or other non-public or
confidential information in any communication, including social media.
Councilmembers should stay focused on the issue at hand, adding value to the
discussion with all comments.
To prevent errors and avoid potential liability for individuals andthe City,
Councilmembers should not add official information to comments or provide incorrect
information about an ordinance or other official information.
If an elected official makes an error, correction should follow as soon as the elected
official isnotified of the error; if the elected official does not correct the error
immediately, a correction will be made by the City. Correction should be
acknowledged and timely. If an earlier comment is modified, the modified comment
should clearly note the mod
SANCTIONS
Inappropriate Staff Behavior
Council members should refer to the City Administrator any City staff who do not follow proper
conduct in their dealings with Council members, other City staff, or the public. These employees
may be disciplined in accordance with standard City procedures for such actions.
Councilmembers Behavior and Conduct
А
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City Councilmembers who intentionally and repeatedly do not follow proper conduct may be
reprimanded or formally censured by the Council. Serious infractions of the Code of Conductfor
Elected Officialscould lead to other sanctions as deemed appropriate by Council.
1. If a Councilmember believes that another Councilmember has violated this Code of
Conduct during a meeting of the Council, theyshould call the matter to the offending
ion at that or a subsequent Council meeting. If the problem continues, it shall
be referred to the Mayor (or the Deputy Mayorif the complaint is against the Mayor) who
will attempt to resolve the matter in private. If the dispute is between the Mayor and the
Deputy Mayor, the Council shall select one of its other members to attempt to privately
resolve the matter. The Mayor (or Deputy Mayor
involve the City Administrator and/or City Attorney to investigate and make
recommendations about the dispute. If these private efforts do not resolve the matter, then
the Mayor or any member or the Council may bring it before the Council at a duly noted
public meeting, at which time the Council shall decide whether or not to proceed with
further action as noted in section 3 below.
2. If a Councilmember believes that another Councilmember has violated this Code of
Conduct at a time other than a meeting of the Council, theyshould call the matter to the
s not
resolved or continues after that informal discussion, it may be called to the attention of the
Mayor (or the Deputy Mayor
shall attempt to privately resolve the matter. If the dispute is between the Mayor and the
Deputy Mayor, then it shall be referred to the City Attorney who shall attempt to privately
resolve the matter. The City Administrator shall be included in these efforts to privately
resolve the matter. If these private efforts do not resolve the matter, then the elected official
who initiated the complaint may raise it with the City Council at a duly noted public
meeting, at which time the Council shall decide whether or not to proceed with further
action as noted in section 3 below.
3. If a Code of Conduct complaint is raised with the City Council after informal efforts to
resolve it have failed as described in 1 or 2 above, then the Council shall, at a duly noted
public meeting, consider all available evidence and decide whether sanctions are
warranted, and if so, which sanction(s) to impose. Prior to making this decision, the
Council may authorize the City Attorney, City Administrator, and/or other designee to
investigate the matter further and to report theirfindings to the Council. The Council may
also form an ad hoc committee to look into the matter. If, after considering all evidence
presented, the Council determines that sanctions are warranted, the Council may take any
and all lawful action it deems appropriate, including: requiring the offending member to
undergo training or other appropriate education intended to fix the problem, censure, or
terminating appointments to committees and commissions.
SUPPORTING RESOURCES
Other resources that are helpful in defining the roles and responsibilities of elected officials are
Ordinance 201of the City of Oak Park HeightsCity Code, the Policy on Public Speaking at City
Council and Commission Meetingsthe Policy on Use of City Letterhead, and League of Minnesota
Б
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Cities resources for elected officials, including the Handbook for Minnesota Cities and the
Minnesota Mayors Handbook, among many other publications.
I affirm that I have read, understand and will comply with the City of Oak Park Heights Code of
Conduct for Elected Officials
________________________________________________________________
SignatureDate
________________________________________________________________
SignatureDate
________________________________________________________________
SignatureDate
________________________________________________________________
SignatureDate
________________________________________________________________
SignatureDate
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Oak Park Heights
Request for Council Action
July 25, 2023
Meeting Date __________________________________________________________________
Agenda Item ___________________________________________________________________ Proposed Moratorium on Cannabis Businesses– Set Public Hearing
Time Req. ____
2
Old Business
Agenda Placement _____________________________________________________________
Administration/Jennifer Pinski
Originating Department/Requestor _________________________________________________
Requester’s Signature ___________________________________________________________
Set Public Hearing for August 8, 2023 at 6:00 p.m.
Action Requested _______________________________________________________________
Background/Justification (Please indicate any previous action has been taken or if other public
bodies have been advised).
As directed by the City Council, the City Attorney is preparing an Ordinance for a
moratorium on cannabis businesses in the City for the City Council’s consideration. This
will require a Public Hearing.
Does the City Council also desire to consider an Ordinance stopping NEW cannabinoid
businesses from opening (the Ordinance and license process for those types of businesses
was approved by the City Council in 2022). If so, it can be added for the Public Hearing
and proposed Ordinance. This would not affect the existing business license for Turning
Leaf.
Staff is requesting the City Council take action to setthe Public Hearing for August 8, 2023
at 6:00 p.m.
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Page 101 of 138
City of Oak Park Heights
Request for Proposals
2023 Fall City Clean-Up Day
Submission Due: August 4, 2023 at 2:00 p.m.
City of Oak Park Heights
14168 Oak Park Boulevard North
Oak Park Heights, MN 55082
Page 102 of 138
ELEMEN
TS OF THE CONTRACT
This RFP, along with attachments defines the service standards, specifications, and service
requirements for the City of Oak Park Heights, Minnesota clean-up day. The City seeks to enter
into a Contractwith a company that has the resources and ability to provide residential solid waste
collection and disposal services for the one-day event.
Refuse shall be delivered by residents to a drop-off site within the City of Oak Park Heights
designated by the City on a specified date in September or October 2023 during a five-to-six-hour
time period. The Contractor shall provide collection equipment and labor to load and transport all
items collected at these events to correct disposal site for a fee paid for by the City. The chargeable
fee would include labor, transportation, appliances, and tires. Such provision of labor shall be not
less than twelve staff members and six collection units (equipment) of adequate size and approved
by the City. The Disposal (tipping) Fee will be paid by the City based on confirmed load tickets
as originally supplied by the Disposal Facility then provided to the City. Collection at the event
shall include Large Items, appliances, Recyclables, and yard waste. Collection does not include E-
wastes, hazardous waste, tires, and firewood. There shall be no additional charges for Recyclables,
Yard Waste or other Large Items, and the Contractor shall separately itemize the Disposal Fee
from all other items. It shall be the City’s responsibility to notify residents of the designated clean-
up day.
The City of Oak Park Heights has held semi-annual one-day clean-up events for over 20 years.
The average number of loads that come in during a fall event is approximately 300. A load is
defined as a truck-bed or trailer full.
SUBMITTING PROPOSALS AND RFP SCHEDULE
Proposing respondents must submit their best possible proposal using the PROPOSAL FORM.
To the best of its ability, the City will use the process and schedule outlined below in the RFP for
its decision-making regarding this RFP. This schedule is subject to change by the City:
July 26, 2023 City releases Requests for Proposals for 2023 City
Clean-Up Day contract.
August 4. 2023 Proposals due at 2:00 p.m.
August 4, 2023 Staff review of proposalsand recommendation to
Council.
August 8, 2023
City Council considers staff recommendation and
takes formal action to direct staff to execute contract.
August 9, 2023 Contract documents executed. Transition details
finalized.
Saturday TBD in September or October City Clean-Up Day
Page 103 of 138
SUBMITTAL REQUIREMENTS
IN ORDER TO COMPLETE A PROPOSAL SUBMISSION, THE FOLLOING MUST BE
PROVIDED:
Complete and return the Proposal Form (Attachment A)
Review Attachment B – Municipal Services Contract
All submissions are due by 2:00 pm, August 4, 2023. All submissions shall be received by the
City via US Mail, hand delivery, or email. Deliver to:
City of Oak Park Heights
Jennifer Pinski, Assistant City Administrator
14168 Oak Park Blvd N.
Oak Park Heights, MN 55082
jpinski@cityofoakparkheights.com
Proposal submissions are due Friday, August 4, 2023 by 2:00 p.m.
NOTE: You must utilize the supplied form and documentation. The City will not accept
alternative proposal submissions or red-line alterations to any element of this request.
If you have questions regarding the process, terms of the Contract or other questions please
clarify them before you submit your proposal. Questions can be directed to
jpinski@cityofoakparkheights.com or 651-439-4439.
CITY REVIEW
The City will evaluate the proposals submitted to determine the best value for the City and its
residents. The City of Oak Park Heights reserves the right to reject any or all proposals.
Page 104 of 138
PROPOSAL FORM
City of Oak Park Heights
2023 Fall City Clean-Up Day Contract
To: City of Oak Park Heights
I/we the undersigned, having reviewed the specifications and instructions and information made
available from the City, do hereby submit this proposal to provide all labor, disposal arrangements,
and other resources necessary to meet the specifications and requirements.
The RFP document and Attachment A and B shall beincorporated into the succeeding final
Contract to be fully executed.
Date: __________________________________
Official Name and Address:
________________________________________
________________________________________
________________________________________
________________________________________
________________________________________
________________________________________
By _____________________________________
Title ____________________________________
NOTARY for SUBMITTER: __________________________
Affix Stamp Here
NOTE: You must utilize the supplied form and documentation. The City will not accept
alternative proposal submissions or red-line alterations to any element of this request.
Page 105 of 138
ATTACHMENT A – TO PROPOSAL FORM
INSERT YOUR RATES
THESE ARE THE PRICES TO BE CHARGED FOR THE SERVICE REQUIRED AND
OUTLINED IN THE CONTRACT FOR THE 2023 FALL CITY CLEAN UP EVENT,
THESE PRICES WILL BE EMBEDDED IN THE FINAL CONTRACT – EXHIBIT 1.
Please provide your flat rate for the one-day collection event, OR provide an itemized proposal using
the table below with a final total amount that will not be exceeded.
ITEM COST
Labor
Transportation
Appliances
Tires
Tipping FeesTo be determined based off tonnage
Page 106 of 138
ATTACHMENT B – MUNICIPAL SERVICE CONTRACT
THIS CONTRACT, made this day of ____, 2023, by and
between ____________________________the “Contractor,” and the City of Oak Park Heights, a
municipal corporation in the County of Washington, State of Minnesota, “City;”
1. TERM OF THE CONTRACT.
The term of the Contract shall for a one-day collection event in September or October 2023.
2. SCOPE OF THE CONTRACT.
Refuse shall be delivered by residents to a drop-off site within the City of Oak Park Heights
designated by the City on a specified date in September or October 2023 during a five-to-six-
hour time period. The Contractor shall providecollection equipment and labor to load and
transport all items collected at these events to correct disposal site for a fee paid for by the
City. The chargeable fee would include labor, transportation, appliances, and tires. Such
provision of labor shall be not less than twelve staff members and six collection units
(equipment) of adequate size and approved by the City. The Disposal (tipping) Fee will be paid
by the City based on confirmed load tickets as originally supplied by the Disposal Facility then
provided to the City. Collection at the event shall include Large Items, appliances, Recyclables,
and yard waste. Collection does not include E-wastes, hazardous waste, tires, and firewood.
There shall be no additional charges for Recyclables, Yard Waste orother Large Items, and
the Contractor shall separately itemize the Disposal Fee from all other items. It shall be the
City’s responsibility to notify residents of the designated clean-up day.
3. DEFINITIONS.
All items or phrases used in this Contract shall have the meaning given to the terms in Minn.
Stat. 115A.01 – 115A.03, the City of Oak Park Heights Comprehensive Plan, the Washington
County Waste Management Master Plan 2018-2036, and any updates to those Plans approved
by the City or the County. Specific items listed in each definition shall be considered examples
of the type of Solid Waste or Recyclables within each category.
Collection: The aggregation and transportation of Solid Waste from the place at which it is
generated and includes all activities up to the time when it is delivered to a processing facility.
Contractor: The City’s Solid Waste and Recycling Contractor.
Disposal: The treatment, utilization, processing, transfer, or deposit of Solid Waste.
Disposal Facility: means the licensed, permitted landfill, Resource Recovery Facility, or transfer
station where garbage is tipped for disposal.
eWaste or Consumer Electronics: means televisions, monitors, circuit boards, computers, DVD and
VCR players, fax machines, printers, keyboards, control devices (mouse). These are examples, but
would include all similar materials found under Minnesota Statute (definitions) - 115A.1310.
Page 107 of 138
Large or Bulk Items: mean typical household items too large to place in container, such as couches,
sofas, chairs, dressers, beds, mattresses, desks, tables, etc.
Major Appliances: Household appliances including items such as refrigerators, freezers,
ranges and stoves, dishwashers, clothes washers and dryers, water heaters, trash compactors,
conventional and microwave ovens, garbage disposals, residential furnaces, air conditioners,
and dehumidifiers.
Mixed Municipal Solid Waste (MSW): Defined in accordance with Minn. Stat. 115A.01 –
115A.03, including garbage, refuse, rubbish, trash,and other solid waste from residential and
community activities that the generator of the waste aggregates for collection. MSW does not
include auto hulks, street sweepings, ash, construction debris, tree and agricultural wastes,
vehicle fluids and filters, and other materials collected,
processed, and disposed of as separate waste streams. MSW is also referred to in this Contract
as “garbage.”
Normal Household Waste: Mixed Municipal Solid Waste typically generated by Residential
households.
Organics: means all organic waste resulting from the handling, preparation, cooling, service, and
consumption of food.
Processing: the sorting, volume reduction, baling, containment, or other preparation of
Recyclables delivered to a facility for transportation or marketing purposes.
Processing center: a facility in which solid waste and recyclable materials are processed. The
facility will conform to all applicable rules, regulations, and laws of state, local or other
jurisdictions.
Recyclables: are reusable or re-processable materials approved and agreed to by the parties hereto.
Recyclables include, but are not limited to, such items as newsprint, boxboard, corrugated cardboard,
magazines, mixed mail, glass, plastic, bi-metal cans, aluminum, and other metal goods, etc.
Refuse is solid waste from residences and City owned and operated buildings that is the result of
normal operation, including garbage and rubbish and specifically excluding compost, yard waste,
recyclables, and toxic and hazardous waste. Refuse further excludes industrial, commercial,
agricultural, and construction wastes.
Resource Recovery Facility:A facility that receives and processes mixed trash for purposes
of recovering energy and/or materials for beneficial use as per the Minnesota Waste
Management Act (M.S.115A).
Rubbish: is inorganic solid waste, including ashes, consisting of combustible and noncombustible
wastes, dirt, household construction materials, cement, bricks, crockery, and other non-reusable waste.
Rubbish also includes non-recyclable types of glass, paper, cardboard, and metal cans.
Solid Waste: Garbage, refuse, and other discarded solid materials, including solid waste
materials resulting from industrial, commercial, agricultural operations, residential uses, and
Page 108 of 138
com
munity activities, but does not include earthen fill, boulders, rock, and other materials
normally handled in construction operations, animal waste used as fertilizer, any permitted
material disposed of as soil amendment, solids or dissolved material in domestic sewage or
other significant pollutants in water resources, such as silt, wastewater effluent, dissolved
materials, suspended solids and irrigation return flows, or other water pollutants.
Tipping Fees:The financial payment that trash haulers make to facilities such as resource
recovery plants, transfer stations, or landfills that covers the costs of recovery and/or disposal
of the material unloaded.
Toxic and hazardous wastes are waste materials including but not limited to poisons, wastes,
radioactive materials, flammable or explosive materials, and similar harmful chemicals and wastes
which require special handling and must be disposed of in a manner to conserve the environment and
protect the public health and safety.
These materials are not accepted at curbside Solid Wastes
collection.
Yard waste means garden wastes, leaves, lawn cuttings, weeds, shrub and tree waste, and prunings.
NOTE: This definition is subject to change to comply with Minnesota or Washington County laws.
4. BILLING.
a. Payment Method: Upon the receipt of an uncontested billing from the Contractor, the
City will compensate the Contractor within 30 calendar days, according to the rates set
forth in Exhibit 1, for the one-day collection event.
b. Unless agreed to in a separate written agreement, no additional fees, charges,
surcharges, fuel charges, taxes, stipends, etc. may be applied to the City by the
Contractor, its agents or its disposal sites.
c. The Contractor may not separately charge any resident, occupant or property owner
any additional service fee, surcharge, tax or any other fee for services provided for
under the contract.
d. Implementation of any fuel surcharges or any other ‘temporary” additional fees are not
permitted without the prior written consent of the City and will not be paid.
5. DISPOSITION OF MATERIALS.
a. The responsibility for all materials collected under this Contract shall be that of the
until the Contractor has properly disposed of or marketed the collected materials.
b. Contractor shall also collect and dispose of all collected Recyclables at a facility for
processing as it deems advisable, but incompliance with all County, State, andFederal
laws and rules. Contractor may not transport the Recyclables to a mixed municipal solid
waste disposal facility and shall not landfill, incinerate, compost, or make fuel pellets
out of the Recyclables. The Contractor shall, upon the request of the City, inform the
City in writing of the place and method of disposal and of any changes in the place or
method.
Page 109 of 138
c. TheContractor may retain any commodity values of the collected recyclables.
d. Contractor shall dispose of any collected Yard Waste at a properly permitted and/or
licensed compost site. The Contractor shall, upon the request of the City, inform the
City in writing of the place and method of disposal and of any changes in the place or
method.
6. MSW TIPPING FEES/HAULER REBATE.
The tipping fee at the R&E Board Facility is set annually and is incorporated into the Disposal
Fee.
7. LICENSES AND PERMITS.
The Contractor shall ensure that all driver and truck licenses and permits are current and in full
compliancewith local, stateand federal lawsand regulations. Any processing facility used to
handle material from the City must have current permits and licenses as required by the
appropriate city, county, state and federal laws and ordinances. Contractor shall make available
for inspection all such licenses and permits upon request by the City.
8. TRANSFER OF INTEREST.
The Contractor may not assign any interest in the Contract, and shall not transfer any interest
in the Contract, either by assignment or notation, without the prior written approval of the City.
The Contractor shall not subcontract any services under this Contract without prior written
approval of the City. Failure to obtain such written approval by the City prior to any such
assignment or subcontract shall be grounds for immediate Contract termination.
9. NON-ASSIGNMENT AND BANKRUPTCY.
The parties hereby agree that the Contractor shall have no right to assign or transfer its rights
and obligations under said Contract without written approval from the City.In the event the
City or its successors or assigns files for bankruptcy as provided by federal law, this Contract
shall be immediately deemed null and void relieving all parties of their contract rights and
obligations.
10. GENERAL COMPLIANCE.
a. The Contractor agrees to comply with all applicable local, state, and federal laws as an
Independent Contractor.
b. Nothing contained in this Contractis intended to, or shall be construed in any manner, as
creating or establishing the relationship of employer/employee between the parties.
The Contractor shall at all times remain an independent Contractor with respect to the
services to be performed under this Contract. Any and all employees of Contractor or other
persons engaged in the performance of any work or services required by Contractor under
this Contract shall be considered employees or subcontractors of the Contractor only and
not of the City; and any and all claims that might arise, including worker's compensation
claims under the Worker's Compensation Act of the State of Minnesota or any other state,
on behalf of said employees or other persons while so engaged in any of the work or
Page 110 of 138
se
rvices providedto be rendered herein, shall be the sole obligation and responsibility of the
Contractor.
11. HOLD HARMLESS.
The Contractor agrees to indemnify and hold harmless the City, its agents, officers, and
employees from any and all claims, causes of action, liabilities, losses, damages, costs,
expenses including reasonable attorney’s fees, suits, demands and judgments of any nature,
because of bodily injury to, or death of, any person or persons and/or because of damages to
property of the Contractor or others, including loss of use from any cause whatsoever, which
may be asserted against the City on account of any act or omission, including negligence, of
the Contractor, or the Contractors employees or agents in connection with the Contractors
performance of the contract. The Contractor agrees to defend any action brought against the
City on any such matters, and to pay and satisfy any judgment entered thereof together with
all costs and expenses incurred in connection therewith. The City shall in no way be liable for
any claims or charges incurred by the Contractor in the performance of the contract.
12. DATA PRACTICES.
The Contractor agrees to comply with the Minnesota Government Data Practices Act and all
other applicable state and federal laws relating to data privacy or confidentiality. The
Contractor must immediately report to the City any requests from third parties for information
relating to this Contract. The City agrees to promptly respond to inquiries from the Contractor
concerning data requests. The Contractor agrees to hold the City, its officers, and employees
harmless from any claims resulting from the Contractor’s unlawful disclosure or use of data
protected under state and federal laws.
13. INSPECTION OF RECORDS.
All Contractor records with respect to any matters covered by this Contract shall be made
available to the City or its designees at any time during normal business hours, as often as the
City deems necessary, to audit, examine, and make excerpts or transcripts of all relevant data.
14. APPLICABLE LAW.
The laws of the State of Minnesota shall govern all interpretations of this Contract, and the
appropriate venue and jurisdiction for any litigation which may arise hereunder will be in those
courts located within the County of Washington, State of Minnesota, regardless of the place of
business, residence or incorporation of the Contractor.
15. CONTRACT AMENDMENTS.
Any amendments to this Contract shall be valid only when reduced to writing and duly signed
by the parties.
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Oak Park Heights
Request for Council Action
th
Meeting Date July 25, 2023
Time Required: 5 Minutes
th
Agenda Item Title: STOP SIGN 57& Omaha Ave.- Related Cut-through Traffic.
Agenda Placement New Business
Originating Department/Requestor Eric Johnson, City Administrator
Requester’s Signature
Action Requested: Discussion – - Update
Background/Justification (Please indicate if any previous action has been taken or if other public
bodies have advised):
Please recall that the City Council did have discussions about the possibilities of a STOP SIGN request at /near
th
Street and Omaha Ave. City Staff did complete some analysis and did not recommend
the intersection of 57
placement of STOP SIGNS in the location. See the enclosed studies from March 2023.
Chief Hansen, Sgt. Croft and I did hold a meeting at this site on Tuesday morning(7/17/23)with and
where the residents in this area still express desires for aSTOP SIGN. They also expresseda general
concern about the increasing volume of traffic that may be passing throughand may be exacerbating
such matter.
While Staff does not necessarily agree that a final formal STOP SIGN in this location would have the desired
impacts sought, we have (and or are planning to) install a TEMPORARY STOP at this location for - thirty days -
to get a flavor of the results. Staff will remove it thereafter without commitments for any subsequent action at
this time.We will see how it goes and ask for feedback.Please note that without a deeper discussion such as I
outline below... traffic concerns may just be shifting to other streets in this area… SO…
Based on the other comments about increased traffic / cut-through --Staff did offer that perhaps there is a
deeper discussion required that would examine the overall traffic patterns to see what if any realistic options
there may be to reduce “cut-through” or non-local traffic.To that end, Staff suggested a COMMUNITY
PLANNING EXERCISE to be held in the very near term that would enable these residents (those between
Osgood and Oakgreen) an opportunity to directly explore these ideas – in essence take some maps – what
works, what does not, what is realistic for different sub-areas, public safety, plowing, etc.
I did request that STANTEC prepare a cost –estimate that would facilitate this exercise and is attached
and has a cost of $________. Also attached is a DRAFT public notice that essentially outlines the
purpose of the discussion. Staff would recommend approval of the study effort with funds being
derived from: ____________________.
The blanks are unknown as of 7/20 but
will be available for 7/25
Page 113 of 138
POSSIBLE DATE ?
Page 114 of 138
Oak Park Heights
Request for Council Action
th
Meeting Date July 13, 2023
Time Required: 5 Minutes
Agenda Item Title: 5869 Omaha Ave – Site Clean-up – Collapsed garage
Agenda Placement New Business
Originating Department/Requestor Eric Johnson, City Administrator
Requester’s Signature
Action Requested: See Below
Background/Justification (Please indicate if any previous action has been taken or if other public
bodies have advised):
Despite several attempts at communication to locate ownership and secure site clean-up for the
collapsed garage at 5869 Oldfield Ave (Estate of B. Polichnia) the City has had no success and
the site may now be abandoned. It would appear that the City is now compelled to take next
legalsteps to secure clean-up.
Please see the enclosed RESOLUTION that if adopted by the Council wouldenable staff to
undertake these clean-up and secure payment therefor.
Staff does recommend adoption.
Page 115 of 138
CITY OF OAK PARK HEIGHTS
COUNTY OF WASHINGTON, STATE OF MINNESOTA
RESOLUTION NO. 2023-______
RESOLUTION ORDERING THE RAZING OF A HAZARDOUS BUILDING AND
ABATEMENT OF LONG GLASS AND WEEDS LOCATED AT
5869 OLDFIELD AVENUE NORTH, OAK PARK HEIGHTS, MN
WHEREAS, pursuant to Minn. Stat. §§ 463.15 to 463.261, the City Council of Oak Park
Heights finds the building located at 5869 Oldfield Avenue North, owned by the Estate of Bonita
Polichnia (“Owner”), and legally described as:
LOT 4, BLOCK 2, ALBERT’S ADDITION, WASHINGTON COUNTY,
MINNESOTA
PID: 04.029.20.21.0033
to be a hazardous building for the following reasons:
1. The Propertywas subject to a garage structure collapse, of which the City became aware
in or about March, 2023;
2. The Owner of the Property is deceased and the Property appears to be vacant,
3. The Property is a subject of a formal probate matter started in Washington County, Court
filed number 82-PR-22-5165 since November 17, 2022;
4. The Propertycollapsed structure has been rendered uninhabitable;
5. The City sent notice via posting notice on a door of the Property on March 24, 2023 that
all damaged portions of the Property needed to be promptly demolished and contents
removed by a licensed contractor;
6. The City Attorney send another Demand for Code Compliance on April 19, 2023 to the
legal counsel for the Estate of Owner;
7. The lawn is long and overgrown in violation of City Code and needs to be mowed and
brought up to code;
8. The City Attorney sent another Demand for Code Compliance on July 5, 2023 to the
legal counsel for the Estate, demanding immediate completion of mowing the yard and
demolition and cleanup of collapsed structure;
9. On July 12, 2023 the City received a correspondence from the legal counsel from the
Estate that they would be withdrawing representation;
10. As of July 14, 2023, the collapse structure has not been demolished and the debris
cleaned up and the lawn has not been cared for.
WHEREAS, the conditions listed above are more fully documented in the demands for
compliance and accompanying photographs, which are attached to this resolution as Exhibit A.
Page 116 of 138
WHEREAS, the physical damage and condition of the Property, and the Owner’s failure to
secure and remove the unsafe structure, render it an attractive nuisance, blight, fire hazard, and
hazard to public safety and health under Minn. Stat. § 463.151.
WHEREAS, the City Council declares the Property to be a nuisance pursuant to Minn. Stat.
463.17, § 412.221 and under applicable City Code Chapter 1109.04.
WHEREAS, the City Council declares the Property to be a nuisance under applicable City Code
Chapter 1109.03.
NOW, THEREFORE, BE IT RESOLVEDAND ORDERED BY THE CITY COUNCIL
OF OAK PARK HEIGHTS, MINNESOTA, AS FOLLOWS:
1. That pursuant to the foregoing findings and in accordance with Minn. Stat. §§ 463.15 to
463.261, and City Code § 1109.06, the council hereby orders the Personal Representative
of the Estate of the record Owner of the above hazardous building or their representatives
to make the following corrections of the Property at 5869 Oldfield Avenue North, Oak
Park Heights, MN:
a. Apply for a demolition permit;
b. Complete razing and demolition of entire Garage structure.
c. Removal of all personal Property and debris from the garage site.
d. Mowing and landscaping of all grass, weeds, and bushes.
2. That the City Council adopts and approves the Order attached hereto as Exhibit B.
3. That the actions listed above must all be made within 20 days after the order is served
upon the Personal Representative of the Estate of the Property Owner. The demolition
and cleanup must be completed in compliance with all applicable codes and regulations,
pursuant to proper demolition permits from the city.
4. That if actions listed above are not made within the time provided in paragraph 2, the
building shall be subject to being razed by the City, the foundations filled, and the
Property cleaned of debris, and all costs thereof assessed against the Property in
compliance with Minn. Stat. § 463.161, 463.21 and 429.101.
5. That a motion for summary enforcement of this order will be made to the District Court
of Washington County in which the hazardous building or Property is situated unless
corrective action is taken, or unless an answer is filed within the time specified in Minn.
Stat. § 463.18, which is 20 days.
6. That in accordance with Minn. Stat. § 463.24, the Personal Representative of the Estate
of the Owner must remove all personal Property and/or fixtures that will reasonably
interfere with the work within 20 days. If the Property and/or fixtures are not removed
and the city enforces this order, the city may sell personal Property, fixtures, and/or
salvage materials at a public auction after three days posted notice.
Page 117 of 138
7. That if the city must take actions to enforce this order, all enforcement costs will be
specially assessed against the Property and collected in accordance with Minn. Stat. §§
463.22, 463.161, and 463.21.
8. That the city attorney is authorized to serve this order upon the Personal Representative
of the Estate of the Owner of the premises at 5869 Oldfield Avenue North, Oak Park
Heights, MN and all lien-holders of record.
9. That the city attorney is authorized to proceed with the enforcement of this order as
provided in Minn. Stat. §§ 463.15 to 463.261.
Page 118 of 138
Adopted by the City Council of the City of Oak Park Heights on ___________________, 2023.
Approved:
Mayor
Attested:
City Clerk
Page 119 of 138
EXHIBIT A
SEE ATTACHED DOCUMENTS
Page 120 of 138
Writer’s Direct Dial:
651-351-2134
Writer’s Email:
ksandstrom@eckberglammers.com
Reply to Stillwater
July 5, 2023
VIA E-MAILANDU.S. MAIL
Estate of BonitaPolichnia
c/oLaurann KirschnerGalowitz
Olson, PLLC
th
10390 39Street N.
Lake Elmo, MN 55042
RE:
Oak Park Heights Demand for Code Compliance re: 5869 Oldfield Avenue N.
Dear Ms. Kirschner:
I am
following up on my code enforcement letter of April 19, 2023 and our exchange of emails
in mid-May 2023. Some six weeks ago, you confirmed that your client, the P.R. of the Estate,
was taking steps necessary to get the collapsed garage on the above-noted Property demolished
and the debris cleaned up. As of today, per the enclosed current photo, this has not occurred.
To make matters worse, we understand that in the spring your client had someone local who
regularly mowedthe lawn at the Property. In recent weeks, however, that has stopped and the
lawn is now badly overgrown. This is not acceptable and also constitutes an additional code
violation on the Property. A current photo of the yard is also enclosed for reference.
These code violations on the Property must be immediately remedied, otherwise the City will
intend to take prompt action against the Estate, including but not limited to commencing legal
action to empower the City to abate the nuisances and code violations and assess all costs against
the Property, including administrative costs, attorneys’ fees and court costs in addition to any
contractor fees.
We expect
forward progress by the Estate within the next week. Please advise ASAP.
Sincerely,
/s/
Kevin S. Sandstrom, City Attorney
Enclosure: Garage & Yard photos
CC: City Administrator & City Building Official (via email)
Page 121 of 138
Page 122 of 138
Page 123 of 138
Page 124 of 138
Oak Park Heights
Request for Council Action
Meeting Date July 25th 2023
Time Required:5 min
Agenda Item Title: Washington County – Resolution 2023-036 – City Response
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):
Summary:
th
The Council is aware that Washington County took a unilateral action to take over elements of 58Street –
lying west of STW. Blvd through and including a section Memorial Ave. See the enclosed County Board
Action – Resolution 2023-036 – citing Minnesota Statute §163.11.1 The purpose of this actionis assumed to
be a result of the County’s lack of desire to continue under the more typical process requiringMunicipal
Consent under §162.02 and avoidany necessary appeal remedies that process allows under the MNDOT
Commissioner. Staff further speculates that the County feels it needs no further permissions (under Municipal
Consent) from the City to execute its taking.
More interestingly, thereis a presumption by the County that the City’s utility assets are now simply there by
function of a voluntary “permit” by the County and could be demanded to be moved at the City’s expense –
which is apossible future demand. Clearly the County made that position clear in its purportedissuance of a
permit document to the City in late April, 2023. As it relates to this utility permit…Staff offers a different
perspectivethat the City’s utilitiesmay remain in their location under an Easement By Necessity and the City
would not be forced to move them at City taxpayer expense – rather the party that would want them moved
(County) would be responsible for all such costsand/or impacts.
There may be other constitutional takings, improper condemnation, or conflicts with the arcane application of
this particular Statute 163.11.1 as it is not some long-abandoned town road and/or without critical (expensive)
infrastructure embedded in it. Doubtful thestatute was intended as a mechanism for counties to basically
condemn and take over property – be it public or private – rather establish its own transportation route. Finally,
the County’s now taken over road still drains to City downstream facilities. It is unclear how this will be
managed or compensated as they have not proposed any particular cost shareto the City.
Requested Action:
These concerns are broad and from a practical standpoint may not ever really arise should the County not do
their project or perhaps barely impact these utilities – but it is vital for the City to establish its rights and
promptly. Please see the enclosed letter – Staff is requesting approval – subject to any final revisions from the
City Attorney.
Page 125 of 138
Page 126 of 138
July 18, 2023
TO:Jennifer Wagenius,
Deputy County Administrator
Washington County
PO BOX 6
Stillwater, MN 55082 TO BE SENT CERTIFIED MAIL & EMAIL
th
RE: Received Permit –22023-U-062 58street – Certified Mail
Dear Jennifer:
We are responding to your communication from late April 2023 in relation to the County’s suggestion
that the City of Oak Park Heights is in need of a “perpetual right of way permit” (your proposed permit
no. 2023-U-062) to continue to maintain the city’s long-existing water, sanitary sewer and/orstorm
th
sewer facilitieslocatedwithin the 58Street right of way—generally lying west of Stillwater Blvd.—
which street was acquired by the County under Minn. Stat. §163.11 via its Resolution 2023-036 passed
on April 18, 2023.
The City does not concur with the usurpation of this right-of-way and the suggestion of the permit
issuance thereafteris somehow necessary – thus “allowing by permit” critical public facilities to exist.
The City previously owned both the road right-of-way and the utilities therein, and we believe and assert
that an “easement by implication”and/or “easement by necessity”was created for the continued
existence, use and maintenance of the City’s potable water, sanitary sewerand storm sewerutilities
upon taking of the roadway by the County pursuant to Minn. Stat. § 163.11.
An easement by implication/necessityarises upon: “(1) a separation of title; (2) the use which gives rise
to the easement shall have been so long continued and apparent as to show that it was intended to be
permanent; and (3) that the easement is necessary to the beneficial enjoyment of the land granted.”
Romanchuk v. Plotkin, 215 Minn. 156, 160–61, 9 N.W.2d 421, 424 (1943)(a case aptlyinvolving a
dispute between adjoiningproperty owners regarding whether an easement by implication was created
to entitle one of the parties to continue using an existing buried sewer lineunder the property sold to
the neighbor). “Generally, in order to support an easement as to drainage or sewage by implied grant
the easement must be reasonably necessary or convenient to the beneficial enjoyment of the property.”
Romanchuk, 215 Minn. at 164
th
The City’s utility infrastructure has been in place within the 58Street right of way for decades now.
The documentation in this situation from before April 18, 2023 further indicates the County was well
aware of the City’s existing buried utility infrastructure prior to taking the City’s road right of way. There
can be little doubt that this scenario meets the legal elements of an easement by implication in favor of
the City.
To that end, the City’s engineer advises that a permanent easement by implication and of necessityin
favor of the Cityis needed for the use, maintenance, repair and/or future replacement of those utilities
as follows:
Page 127 of 138
1.A 20.0 foot wide permanent utility easement over, under, acrossthose areas of the existing
water mainsand laterals;
2.A 20.0 foot wide permanent utility easement over, under, across those areas of the existing
storm sewer facilities;
3.A 30.0 foot wide permanent utility easement over, under, across those areas of the existing
storm water culvert.
4.A 30.0 foot wide permanent utility easement over, under, acrossthose areas of the existing
sanitary sewer lines; and
The particular legal descriptions of the necessary utility easements are enclosed herein for your records.
The City shall be entitledin the futureto pursue any necessaryutility work within the aforesaid areas.
That stated, the City will endeavor in good-faith to coordinate anyfuture utilitywork in these areasand
work with your staff. However, the City reserves its rights to seek damages, compensation and other
restitutionshould the City’s ability to operate it necessary systems be infringed or impacted in anyway –
both now and in the future, particularly if there is any manner of demand from the County for the City
to relocated its existing utility facilities. The City will expect the County to compensate and pay for any
future relocations of the City’s utilities that may be occasionedordemanded as part of any County-
related road project in this vicinity.
The water and sanitary sewer facilities are undoubtedly entitled to be left in place and available for
ongoing use by Oak Park Heights and its property owners. Who now owns and has a duty to maintain
the storm sewer facilities in the road right of wayitselfis perhaps up for debate, since the storm sewer
facilitiesare directly tied to the usage of and runoff from the roadway, which roadway now belongs to
the County. However, those storm sewer facilities ultimately flow into the stormwater pond located to
the south, well outside the County’s newly acquired right-of-way.
At this time, the City will be investigating the scope of the stormwater flows from this taken area
relative to its contributions and impacts to the City’s downstream facilities – outside of this right of way
area includingpossible entanglements on any agreements with the Brown’s Creek Watershed District.
The City is also informing the County with this letter that financial contributions to City systems to
manage this stormwater received from this taken land may be required.
The City does not anticipate unreasonable uses of such areas and will endeavor to communicate with
County Staffif possible but the City will undertake any emergency operation it deems necessary to
ensure public water, fire protection and sanitary services remain constant.
Sincerely,
Cc:Andy Kegley, Director of Public Works.
Page 128 of 138
CITY OF OAK PARK HEIGHTS, MN
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Page 130 of 138
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43133
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City Watermain
Easement
SHEET 2 OF 2 SHEETS
I HEREBY CERTIFY THAT THIS PLAN, SPECIFICATION, OR REPORT
SURVEY
WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION
193801828V601_WM.dwg
AND THAT I AM A DULY LICENSED PROFESSIONAL LAND SURVEYOR
UNDER THE LAWS OF THE STATE OF MINNESOTA.
DRAWN
Minneapolis Office
DANIEL J. ROEBER
PRINT NAME:
733 Marquette Ave
DJR
Suite 1000
Minneapolis, MN 55402
SIGNATURE:PROJ. NO.
Phone: 612-712-2000
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JUNE 21, 2023
43133
193801828
Xrefs:
PlotDate:06/21/2023-11:04amDrawingname:V:\\1938\\active\\193801828\\CAD\\Dwg\\STREETEASEMENTS2023\\193801828V601_WM.dwg
DATELIC. NO.
Website:www.stantec.com
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Oak Park Heights
Request for Council Action
th
Meeting Date July 25, 2023
Time Required: 3 Minute
_____________________
Agenda Item Title: Council Appointments – MSCWMO – Cable Commission. ______
Agenda Placement New Business
Originating Department/Requestor Mike Runk, Council Member
Requester’s Signature
Action Requested _
Background/Justification (Please indicate if any previous action has been taken or if other public bodies
have advised):
I have been appointed by the Governor to the MN-BWSR (Board of Water and Soil Resources) in the
capacity of a Board Member – so as to avoid any perceived conflicts:
Would the Council:
1.Appoint Councilmember Johnson to MSCWMO as the Council Liaison and myself as the
Alternate.
2.Appoint me, (Runk) to the Cable Commission Liaison seat – removing Councilmember Johnson.
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Oak Park Heights
Request for Council Action
Meeting Date July 25, 2023
Time Required: 5 Minutes
Agenda Item Title:Interim City Administrator Discussion
Agenda Placement New Business
Originating Department/Requestor: Carly Johnson, Council Member
Requester’s Signature: ________________________________________
Action Requested: Discussion regarding Interim City Administrator role and potential instruction to
the City Attorney and City Administrator Johnson to negotiate terms of an
employment agreement for the role for approval at our August meeting
Background/Justification (Please indicate if any previous action has been taken or if other public bodies
have advised):
As the Councili
s aware, Administrator Johnson’s last day is September 5th. As scheduled—we have one
City Council meeting scheduled before his departure. According to our consultant, we will likely not have
a new City Administrator until November, which leaves us a few months without a City Administrator, and
we’ll be conducting interviews during the first few weeks of his absence. Administrator Johnson expressed
a willingness to serve in a part-time capacity during this period but encouraged the appointment of
an Interim Administrator. As a result, and as mentioned during our June 2th meeting, our Council
should discuss the appointment of an Interim City Administrator.
I recommend the Council appoint a Department Head that is not applying for the City Administrator role
as an Interim City Administratorto avoid discouraging applications and to maintain fairness in the interview
process. I have discussed such a concept with Police Chief Hansen, and he would be willing to serve in this
position for a limited time until the Council finds a new administrator. During the previousabsence of the
City Administrator, the City had the police chief act as Interim Administrator.
Given our limited amount of time and meetings to discuss this interim role, I suggestthe Council instruct
the City Attorney to work with Chief Hansen to negotiate an agreement about the Interim City
Administrator role for approval during our August meeting. Alternatively, another internal candidate could
be considered.
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