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HomeMy WebLinkAbout10-09-07 Council PacketCITY OF OAK PARK HEIGHTS TUESDAY, OCTOBER 9, 2007 CITY COUNCIL MEETING AGENDA 7:00 P.M. 7:00 p.m. 1. Call to Order/Pledge_of A.1lcgiancc/Al2proval of Agenda L'.5'�d17TClJeL� ti»res 7:05 p.m. II. Department/Council Liaison Reports A. Planning Commission B. Parks Commission C. Cable Commission D. Water Management Organizations E. Other Liaison/Staff reports • Fall Clean -Up: Saturday, October 13, 2007 7:15 p.m. III. VisitOCs/Pubiic Comment Recycling Award (1) This is an opportunity for the public to address the Council with gUeStioilS or concerns oil issues not part of the regular agenda. (Please limit comments to 3 minutes in length.) 7:15 p.m. IV. Consent Agenda (Roll Call Vote) A. Approve Bills & Investments B. Approve City Council Minutes --- September 25, 2007 (2) C. Set Public Hearing for Increase in Off -Sale and On -Sale Liquor License Fees (3) D. Award `free Removal Bid to St. Croix "Free Service (4) B. 2007 — 2008 Snow Now Contract (5) F. Ordinance Amending Section 1202.10.E:,.2 of Chapter 1202 of the Code of Ordinances Relating to Sunday Sales of Intoxicating liquor (6) G. Police Officer Hire (7) 7:20 p.m. V. Public Hearin"s None 7:20 p.m. VI. Old Business A. City 1--Iall Facility (170 C700sure) 7:45 p.m. VII. New Business A. Receive Donation to Police Dept. (8) B. Install Additional Lighting in the City Parks (9) C. Discuss Cc Ord. 601 — Regulating Dogs and Cats in the City (10) D. CVIS and Lodging Tax (11) 8:15 p.m. VIII. Closed Session A. City Administrator Contract B. Labor Negotiations 8:45 p.m. LX. Adjournment Page 1 of 56 This Page Is Left Intentionally Blank. Page 2 of 56 PS.ENCLOSURE,; Oak Park Heights Request for Council Action Meeting Date October 9, 2007 Agenda ftem Reacling Award Time Required o Agenda Placement Visitors/ Public Comment Originating Department/Requestor Requester's inistratio Action Requested Receive Information Background/Justification (Please indicate any previous action has been taken or if other public bodies have been advised). Page 3 of 56 CITY OF OAK PARK HEIGHTS 14168 Oak Park Boulevard No. • P.O. Box 2007 • Oak Park Ifeights, EVEN 55081-2007 • Phone: 651/439-4439 •f=ax: 651/439-0574 October 4, 2007 Mrs. Eveltyn Serier 14823 57" Street N. Oak Park Heights, MN 55082 Dear Mrs. Serier: Thank you for participating in the City's recycling program. As an incentive to recycle and to increase fire prevention awareness, the City rewards two residents each month with their choice of an award of $25.00 or a fire extinguisher and/or smoke detector(s). Your residence was checked on Thursday, October 4, 2007 to determine if you had your recycling bin out with your regular garbage. Your recycling was out and ready for collection; therefore, you are one of this month's winners. Please contact me at 439-4439 at your convenience to arrange for delivery of the reward of your choice. On behalf of the Oak Park Heights City Council, thank you for participating in the City's recycling program. Congratulations! Jennifer Thoen Administrative Secretary/Deputy Clerk Tree City U.S.A. Hage4 o :,P Oak Park Heights Request for Council Action Meeting Date October 9,2007 Agenda Item Approve City Council Minutes — September 2S, 2oo Time Required o Agenda Placement Consent Originating Department/Requestor Administration /Jennifer Thoen _ Requester's Signatureis Action Requested Approve.. Background/Justification (Please indicate any previous action has been taken or if other public bodies have been advised). Page 5 of 56 CITY Or OAK PARK HEIGHTS 7:00 P.M. TUESDAY, SEPTEMBER 25, 2007 CITY COUNCIL MEETING MINUTES I. Call to Order/1'ledte of Allegiance/Approval of Allenda;_ The meeting was called to order at 7:00 p.m. by Mayor Beaudet. Present: Councilmember•s Doerr, McComber and Swenson. Staff present: City Administrator Johnson, City Attorney Vier•ling, City Planner Richards and City Engineer Postler. Absent: Councilmember Abrahamson. City Administrator Johnson added "Autumn Hills Park Shelter Dedication Event" to Old Business as Item D. CouncIlmember McComber, seconded by Councilmember Doerr, moved to approve Agenda as amended. Carried 4-0. H. Department/Council Liaison Reports: A. Planning Commission: City Planner Richards reported that the last meeting of the Planning; Commission was September 13, 2007. I -Ie stated that there was one item up for public hearing which was on the City Council Agenda as Old Business Item A. Ile reported that the next meeting of the Planning Commission is October 11, 2007. Ile reported that the Comprehensive Planning Committee will also meet that day. B. Parks Commission: Councilmember McComber reported that the last meeting of the Parks Commission was September 19, 2007. She stated that they discussed a trail connection which was on the City Council Agenda as Old Business Item B. McCornber reported that the next meeting of the Parks Commission is October- 15, 2007. C. Cable Commission: Councilmember Doerr reported that the last meeting of the Cable Commission was September 19, 2007. He reported that the budgets which were on the City Council Agenda as Consent Item F are preliminary because the commission does not receive its last quarter franchise fees until January. D. _Water. Management Organizations/Middle St. Croix: Mayor Beaudet reported that the Middle St. Croix WMO's next meeting is October 11, 2007 at 7:00 p.m. at the Washington Conservation District Office. E. Other Liaison/Staff Reports: Mayor Beaudet reported that the fall clean -Lip is scheduled for October 13, 2007. Page 6 of 56 City Council Meeting Minutes September 25, 2007 Page 2 of 4 Councilmember Swenson requested an update on the well pump issue. City Administrator Johnson reported that the pump has been ordered and will be replaced as soon as possible. Councihmmber Swenson questioned whether the rehabilitation on the well could be completed this year since the well is down at this time. City Administrator Johnson stated that he will check with Public Works Director Ozzello to see if the rehabilitation can be completed at this time. Council►nember Doerr reported that the League of Minnesota Cities' Annual Conference is scheduled for June I 1-13, 2008 in Rochester. II1. Visitors/Public Comment: Gary Kriesel, Washington County Commissioner for District 3, came forward. I -le stated that at the request of the council at the previous meeting, he was informing the council that the county was able to relocate the port -o -pots to the west side of the Washington County site for the Sentence -to -Serve crews. He stated that it was determined that it is best to leave the trailer on the east side of the site. Recycling.. Administrative Secretary Thoen reported that Robert and Doreen Wendt of 5775 Newgate Avenue North were selected as the recycling award winners. 1V. Consent Agenda: A. Approve Bills & Investments B. Approve City Council Minutes September 12, 2007 C. Approve Capitalization of 5416 Stagecoach 'frl. N. (former Bell property) in the Capital Revolving; Fund D. Approve Renewal of BlueCross/BlueShield Employee 1Iealth Insurance with the South Central Service Cooperative E. Approve MedicareBlue PPO for Groups plan provided by South Central Service Cooperative F. Approve 2008 Budgets — Valley Access Channels & Joint Cable Comm. Councilmember Swenson, seconded by Councilmember McComber, moved to approve the Consent Agenda as presented. Roll call vote taken. Carried 4-0. V. Public Hearings: City Planner Richards inforn-ied the public that the Public Hearing was on the application for approval of the vacation of certain City easements as submitted by Jerden LLC and located at the southeast corner of 58' Street and Memorial Avenue, lying; west of Highway 5, in the City of Oak Park Heights, Mayor Page 7 of 56 City Council Meeting Minutes September 25, 2007 Page 3 of 4 Beaudet asked anyone from the public with comments to come forward. No member of the public came forward on this issue. Councilmember Doerr, seconded by Councilmember Swenson, moved to close the Public Hearing. Carried 4-0. VI. Old Business: A. Ani)roval of Final Plat and Vacate Certain Eases eats (Sydney Holdings (formerly.Jerden LLC of OPFI -- D. 1--lecker — GMC/Cadillac Proposal on Memorial Ave): Councilmember McComber, seconded by Councilmember Doerr, moved to approve the Resolution for vacation of casements and utilities. Roll call vote taken. Carried 4-0. Councilmember Swenson, seconded by Councilmember McComber, moved to approve the Resolution for final plat. Roll call vote taken. Carried 4-0. B. Trail Installation 55"' to 56"' Street Mon Oak seen --- West Side: City Administrator Johnson reported that the Parks Commission held an information meeting on this issue at their last meeting. I -Ie stated that over 450 letters were sent out to area residents inviting them to the meeting. Ile reported that the City received positive comments from residents in person at the Parks Commission sleeting and via c -mail and that no negative comments were received. Johnson reported that the Parks Commission recommended that the trail be installed in 2007 if possible with funding being determined by the council. Mayor Beaudet stated that lie would like a surveyor to stake the west side of the trail plan so neighbors can see the impact on the area landscaping and vegetation. City Engineer Postler stated that no landscaping will be affected however there will be some tree trimming and a possible tree removal. He stated that the trail would curve out closer to Oakgreen Avenue to avoid interfering with the landscaping. Councilmember Doerr questioned drainage and snow removal. City Engineer Postler stated that the south end of the trail will have less of a ditch for drainage. He stated that snow would be pushed to the west side of the trail. Councilmember McComber questioned whether the trail could be six feet rather than eight feet in width. City Engineer Postler responded that he is not aware of a legal reason why the trail has to be eight feet. Mayor Beaudet stated that ADA requires trails to be eight feet. City Planner Richards stated that the ADA recommends trails be eight feet, but the actual requirement is that there be 36 inches of clear space. Councilmember Swenson requested Page 8 of 56 City Council Meeting Minutes September 25, 2007 Page 4 of 4 City Planner Richards provide the council with a copy of the ADA requirements for trails for future reference. Mayor Beaudet stated lie is concerned about the grade change and sloping of the trail being difficult for handicapped and elderly people to walk on because they would essentially be fighting two hills at one time. Councilmember McComber, seconded by Councilmember Doerr, moved to approve the installation of the trail with the engineer looking into a six foot trail and public works to look at snow removal not being on adjacent private property. Carried 3-1, Mayor Beaudet opposed. C. City Hall Facility: City Administrator Johnson reported that Buetow and Associates can provide a more detailed layout and concept plans at a cost of $4,200 per option. Johnson recommended that the council consider obtaining the layouts for the new building option and the rehabilitated facility option that were presented by Buetow and Associates. Councilmember Swenson, seconded by Councilmember McComber, moved to authorize up to $10,000.00 for layouts and concept plans. Mayor Beaudet stated that the funding would come from the council contingency fund. Carried 4-0. D. Autumn Hills Park Shelter Dedication Event: City Administrator Johnson reported that the plaque will not be finished in time for the October 9, 2007 dedication event. I -Ie requested that the date for the dedication event be changed. Councilmember Doerr, seconded by Councilmember McComber, moved to reschedule the dedication event to October 15, 2007, time to be determined. Carried 4-0. VII. New Business: None VIII. Adiourninent. Councilmember McComber, seconded by Councilnnember Doerr, moved to adjourn the meeting at 7:36 p.m. Carried 4-0. Respectfully submitted, Jennifer Thom Administrative Secretary/Deputy Clerk Approved as to Content and Form, David Beaudet Mayor Page 9 of 56 This Page Is Left intentionally Blank. Page 10 of 56 .,,ENCLOSURE, Oak Park Heights Request for Council Action Meeting DateOctober9, 2007 Agenda Item Title Set Public Hearing for Increase in Off -Sale and On -Sale Liquor License Fees Time Required 5 Minutes Agenda Placement New Business Originating Department/Requestor Finance — Judy Holst De ut Clerk/Finance Director Requester's Signature Action Requested: Set Public Hearin for Increase in Off -Sale and On -Sale Liquor License Fees for November 13 2007 at 7:00 p.m. Background/Justification (Please indicate any previous action, financial implications including budget information and recommendations). At previous budget workshops Council discussed increasing annual license fees for all licenses issued by the City every other year to reflect the 2 -year IPD (Implicit Price Deflator). The IPD for the 2006 Levy calculation for the 12 -month period ending March 31, 2005 was 6.4187 and the IPD for the 2007 Levy calculation for the 12- month period ending March 31, 2006 was 4.2853. Other considerations for increasing fees are the increased cost of administration and enforcement the licensing requires. The State of Minnesota regulates the fees for off -sale intoxicating liquor licenses and Sunday on -sale licenses. State law has been amended to allow cities to increase fees for off -sale intoxicating liquor licenses. For Cities with less than 5,000 population the fee can be increased from $100 to $240 per year. However, there is a provision in the law that entitles a licensee to a $100 fee reduction if three conditions are met: they agree to have a private vendor train all new employees and annually retrain existing employees on the laws related to the sale of alcohol, the rules for identification checks, and the responsibilities of establishments serving intoxicating liquors; the licensee agrees to post an id policy for people who look under 30; and the licensee sets up a cash award and incentive program for employees who catch underage drinkers, in conjunction with a penalty program to punish those involved with a failed compliance check. Sunday on -sale intoxicating liquor licenses are $200 per year and can not be raised. Page 11 of 56 The last increase in the liquor license fee for on -sale was effective January 1, 2006 and is currently $2,770 per year. A 10.7% increase in this fee would be an additional $296 per year. The City currently has 8 on -sale liquor licenses. A $296 per year per license fee would increase revenues $2,368 per year. The City could increase the on -sale intoxicating liquor license fee to 6.5% and still cover the costs for administration and enforcement of the licensing requirements. A 6.5% increase in this fee would be an additional $180 per year. A $180 per year license fee would increase revenues $1,440 per year. Per State Statute the City must hold a public hearing on fee increases for a liquor license and must snail a notice to all affected licensees at least 30 days before the date set for the hearing. The Council should discuss if it wants to follow the policy of increasing license fees every other year. 1f Council wants to follow this policy 1 recommend setting a public hearing for an increase in off -sale intoxicating liquor license and on -sale intoxicating liquor license fees for Tuesday, November 13, 2007 at 7:00 p.m. Page 12 of 56 7;. Oak Park Heights Request for Council Action Meeting DateOctober�,20072007 __ ____— Agenda Item Award Tree Removal Bid to St. Croix Tree Service Time Required o Agenda Placement Consent Originating Departme7 Requester's Signature Action Requested Award Bid Background/justification (Please indicate any previous action has been taken or if other public bodies have been advised). Page 13 of 56 TO: Mayor and City Councilmembers Eric Johnson, City Administrator FROM: Kathy Widin, Arborist DATE: October 4, 2007 QUOTES FOR TREE WORK 1. St. Croix Tree Service: $2,327.03 2. Pinnacle Tree Service: $3,615.68 St. Croix Tree Service has submitted the lower quote. They have done satisfactory work for the City in the past and have a current tree worker's license in the City. I recommend that St. Croix Tree Service be hired to do the work. Note: I have found several other trees (diseased or blocking street lights, lower village) since I submitted the quote request. I will add these two jobs to the work list so the total will be approximately $600.00 higher. There are sufficient funds left in the tree work budget to pay for this work to be done. Enclosures: St. Croix Tree Service, Inc. quote Pinnacle Tree Service quote Page 14 of 56 St. Croixfree Service, In 675 Grupe St., Roberts, WI 54023 (WI) 715-749-3475 (MN) 651-774-3744 E- mail info@stcroixtreeservice.com Web site: www.stcroixtreeservice.com$i 3:Jy Sales Rep: CZ!j Date: d'�� ESTIMATE JK Go Ahead Na V�� !� �� all Notes: Address City, State, Zip Loads: Hm# Wk# Initials: Cel # Fax # Initials: Tree Removal _Pruning _Stump Chipping —Brush Chipping _Hauling _Fertilizing Transplanting _Tree Planting �PHC Cabling Consultation _—Misc. 7e.scription of WorkMOZ)FAMI/ f sr -I Subtotal: �J fr Sales tax may r•• i 21 rIM is P I e a s e s ee other side for terms & conditions Estimated Job Cost Special Conditions or Equipment: Call Ahead Meet Customer Estimated Job Time: Crew: Bucket Start -Stop: Loader Start -Stop: Loads: 910 or 917 Start -Stop: Initials: Stumper Start -Stop Initials: Customer's Signature Authorizing Work X Site Map Please sign and return yellow copy to office to proceed with work Page 15 of 56 ° LO �.� o °• ,n w00 W r cd \.?. N OQ C� O .. on N cf-� M cd Q p W O gg r 1 ����� 4 H Cd u0. Ila - It �� b tv" . . k C5 b M NICE age 1 F c� �.i o � � f � a T: ENCLOSURExa Oak Park Heights Request for Council Action Meeting Date October 9, 2007 Agenda Item Title 2007 — 2008 Snow Plow Contract Time Required 0 min Agenda Placement Consent Originating Departure Requester's Signatur Action Requested: Approve Agreement for Roadway Snow Removal and Sanding Background/J ustification: Enclosed is an updated price schedule for Snow Removal and Sanding with M. J. Raleigh Trucking for consideration and approval. The City of Oak Park Heights enters in to an agreement each year for this service to the City. Other Information: This 2007-2008 contract is an update for prices and dates from the 2006-2007 contracts. It extends the dates to the End of April 2008. The rates have been adjusted and modified in this year from the 2006/2007 rates. This is to cover operational costs for each piece of equipment used to clear city snow and to allow the contractor to meet minimum fixed costs for having equipment available to meet that need. During discussion with the contractor, it was pointed out how he had to keep equipment and staff ready to go for the city needs and costs of storing the equipment and keeping it heated and operational over the winter months was harder to justify with some of the milder winters and reduced use of their equipment we have experienced. In review of past year expenditures, we found the 2006 expenditures ($46,068) were $18,000 less that 2005 ($62,190). There was a significant, though justified, adjustment to our rates in late 2005 to correct for fuel price jumps. This makes the decrease expenditures for 2006 even more dramatic. So far in 2007 we have spent $56,949 dealing with the back to back and slushy snow distributions we had in the first half of 2007. To deal with any extreme year events, the snow removal budget for 2007 is $92,000 and the proposed budget for 2008 is $96,000. The contractor has had concerns about cash flow in recent years where snow events have been inconsistent and where fuel and increases in insurance, labor and service costs of the contractor have increased. The vendor has proposed a monthly fee of $300 each for the 3 pieces of equipment ($900 per month) usually assigned to the city snow plow needs for the 5 months of November, December, January, February and March. This $4500 cost (5 * $900) was compared to the city cost incurred for our standby generator and is reasonable in comparison. The Contractor also agreed to freeze the hourly rates to last year's level for this contract. In addition the contractor has purchased an upgraded grader with-* accomplish snow removal at a faster rate. The contractor also reminded us thatow sulfur fuel is also now being used. Based on the balance between frozen hourly costs versus the added costs for standby status we believe the cost rise is not unreasonable. We did cost comparisons with other cities and with county provided work and believe we are obtaining good service at a reasonable rate. The actual cost rise for this contract period was expected to be over 5% and was hedged on the volatility of fuel costs and low sulfur requirements to be higher. The new grader with wing should cut total hours needed to clear the city. The contractor has not come back to request surcharges for major fuel spikes and has established a good relationship on response and removal. M. J. Raleigh has performed this service for the City of Oak Park Heights for several years and their experience and work history recommends them to continue this service. Raleigh Trucking shall clear and sand streets when snowfall exceeds 2 inches and can be called by City Staff for emergency or additional services. Discussion with the vendor about time and equipment commitments resulted in agreement to continue to make the following efforts for the 2007/2008 season: • Vendor will have their representative verify snow events (2 inches) around 3 AM • Equipment operators will be scheduled for a 4 AM start when a snow event occurs • All priority routes will be planned for completion by 7 AM • City clearing is planned for completion within 8 hours of priority routes being done (prior to the afternoon rush) The City of Oak Park Heights has also had discussion on the possibility that 60th Street North, which is currently a MNDOT maintained street, may come under our city maintenance needs and would be designated as an addition to the`A"Priority Routes. Raleigh Trucking would make the minor changes in start times needed to complete these streets if added. They anticipate less than one hour of additional work time for three pieces of equipment if the streets are in acceptable condition and added to the city work plan. This added work could amount to approximately $400 increase in cost and time for a normal snow event, though could be different depending on agreements with other impacted cities. Vendor emphasized the variability of snow amounts, timing and consistency and based the responses above on an evening / overnight snow event. Unusual snow (wet, drifting and blowing, daytime or extended fall) will be dealt with based on the existing circumstances. Past service by this provider has been responsive and acceptable. We are recommending approval of the new rates for the 2007— 2008 winter contract period. Raleigh Trucking has provided this service for several years. The contract with rate sheet is attached for your review and, if acceptable, authorization to execute. The hourly rates are the same as last year with the equipment standby pay the only added costs. At r 6 I Page 18 of 56 CITY OF OAK PARK HEIGHTS AGREEMENT FOR ROADWAY SNOW REMOVAL AND SANDING October 2007 through April 2008 1. PURPOSE/INTENT A. Roadway Sanding and Snowplowing The purpose of this agreement provides the City of Oak Park Heights (hereinafter City) and the successful proposer (hereinafter called Contractor) with a mutually acceptable agreement to provide planned and emergency scheduled roadway sanding and snowplowing operations on local City streets and roadways within the City of Oak Park Heights, Minnesota. The City of Oak Park Heights has limited road sanding capability. Oak Park Heights Public Works will provide immediate response for sanding of priority roads and the Contractor will provide ongoing sanding operations of all routes. B. Routes "A" routes identify high priority roads and "B" identifies "All Streets" that will be assigned to the Contractor and will become the Contractor's responsibility for sanding and snowplowing operations under the terms and conditions of this agreement. There has been discussion about the chance that 60`}' Street North (hwy 36 frontage road) may be shifted from MNDOT to City Maintenance. Such a change would be added to the A streets (priority road) for snow removal. "A" and "B" are provided only as a reference to the location and approximate scope of the services required under this agreement. The City reserves the right to expand, decrease or modify the designated routes without prior notice to the Page 19 of 56 Contractor and without affecting any condition or provision contained within this agreement, including rates or compensation. C. Administration This agreement shall be entered into with the City Council of the City of Oak Park Heights, administered by the Public Works Director and under the direct operational supervision of the Public Works Director and or Public Works Foreman. D. Roadway Sanding and Snowplowing Policies (1) The City's policy requires the sanding of all local streets, roads and cul-de- sacs whenever weather conditions make driving conditions hazardous. Sanding will be required during storms to maintain passable roadways and safe intersections. Following winter storms sanding operations will be coordinated with snowplowing operations. (2) The City's snow removal policy requires the removal of snow from face of curb (F -F) of all local streets, roads and cul-de-sacs after the accumulation of two (2) or more inches of snow. Routes are to be completed within S hours of notification and when possible, routes are to be completed by 6:00 a.m. following an overnight storm. No parking is allowed on public streets between 1:00 a.m. and 6.00 a.m. (3) It is the intention of the City to retain the services of the Contractor for each weather event requiring sanding and or snowplowing. Snowplowing is generally required eight to ten times per year. Cul-de-sac snow removal will be by "wasting" to all properties within the cul-de- sac and leading to the cul-de-sac. Stock piling for later removal will only be performed under the direction of the City, when snowfall conditions are extreme. Sanding operations will utilize a minimum of 15% salt/sand mixture. 2 Page 20 of 56 E. Scope of Operations It is the intent of the City that the Contractor provide a minimum of one (1) piece of equipment (two or more would be preferred) to perforin the entire sanding operation. Minimum equipment required is a single axle dump truck with a 5 yard capacity sand spreader. Additional pieces of appropriate equipment may be used by the Contractor for any or all sanding operations with prior written approval of the City. It is the intent of the City that the Contractor provide a minimum of two (2) pieces of equipment to perform the entire snow removal operation. Wheel loader type equipment is preferred for "wasting" snow on cul-de-sacs. Additional pieces of equipment appropriate for each Route may be used by the Contractor for any or all snow removal operations with prior written approval of the City. 2. LENGTH OF AGREEMENT A. This agreement shall be, a singular annual agreement limited to the snow removal season commencing October 2007 through April 2008 inclusive. This agreement may be renewed by written mutual consent of both the City and the Contractor. B. This agreement may be terminated for good cause, including failure to perform in accordance with paragraphs 1.d and 6 of this agreement, by the City during the agreement period, subject to written notice being delivered by registered mail sent to the Contractor at the address referenced on the Proposal form. C. The City cannot and will not guarantee a minimum number of work hours for any sanding or plowing operation or duration of the agreement. 3. EQUIPMENT A. Dump Truck Trucks shall be a minimum single -axle, dual rear wheel drive, 26,000 G.V.W. vehicle equipped with a minimum 5 yard capacity sander and a front-end plow Page 21 of 56 with a minimum length of 10.0'. If the optional wing plow is used, it shall have a combined moldboard width of 18.0'. B. Wheel Loader Wheel loaders shall be a rubber tired, articulated type having all -wheel drive and powered by an engine with a manufacturer's rating of at least 95 brake horsepower. It shall be equipped with a front bucket with a minimum of 2.5 cubic yards or a plow with a minimum width of 10.0 feet. An optional wing plow shall be equipped with "floating" down pressure. C. Motor Grader Motor graders shall be an articulated type with a minimum 4 -wheel drive powered by an engine with a minimum manufacturer's rating of at least 125 horsepower. It shall be hydraulically operated with a moldboard of 14.0' in length. If used ill conjunction with the optional wing plow, it shall have a combined minimum width of 21.0'. D. Accessories & Safety Equipment All vehicles shall be properly equipped and outfitted to meet all local, county, state or federal laws required for on -the -road emergency snow removal operations. They shall provide the operator with full visibility in all directions and shall have a back-up warning system. The operator's cab shall be fully enclosed and property equipped with all equipment necessary to allow the efficient and safe operation of that vehicle. The City reserves the right to reject at any time, without notice to the Contractor, any vehicle that does not appear to comply with all rules or regulations required for over -the -road snow removal operations. Rejection of vehicle acceptability will also take into consideration the condition and limitations of operation of the vehicle or its accessory equipment. E. Vehicle Designation/Replacements The Contractor shall provide to the City a copy of their certificate of title which includes the vehicle identification number (if available) and license plate number to the City within ten days of execution of this contract. After inspection by the City, those vehicles acceptable for performance under this contract will be verified 4 Page 22 of 56 by the City. Except for emergencies, any planned substitution or replacement of previously approved equipment shall require prior written approval by the City. 4. OPERATION & MAINTENANCE A. Operator The Contractor shall ensure that the operator provided with each piece of equipment is fully trained and properly licensed with the State of Minnesota to operate the bid vehicle or any anticipated replacement. The Contractor shall make every effort possible to ensure that the same operators perform the sanding and plowing operations during the length of the agreement. B. Pails & Fuel The hourly rates contained herein shall cover all operation and maintenance expenses including but not limited to fuel, lubricants, supplies and support services. It shall also include depreciation on the vehicle and related equipment including the repair, maintenance and replacement of all materials and supplies including cutting edges and tire chain cross links. It shall also include all labor, tools and equipment necessary for making any and all repairs or replacements which may be necessary to keep and maintain the machine and all parts thereof in proper and safe working order and serviceable repair. C. Storage The Contractor shall assume all responsibility and costs associated with maintaining proper and necessary protection/shelter/storage for both the vehicle and operator. 5. HOURLY RATES A. Operators All hourly rates quoted shall include full operation by a qualified operator. B. Quantities All rates quoted shall be on an hourly basis and shall be rounded to the nearest 0.25 (quarter) hour. C. Premium/Overtime 5 Page 23 of 56 No premium calculation or additional adjustment shall be given to the rates quotes for any hours worked irregardless of day, date, time of day or consecutive hours worked in any given sanding operation or calendar week unless specifically provided for in the agreement under Section 7C. D. Nonproductive/Downtime The hourly rate shall be paid for the actual number of hours the machine is operated under the direction of the City. The City shall not be responsible for payment for any time taken for rest or meal breaks. However, the City will recognize payment for routine maintenance and emergency repairs or adjustments necessary to keep the machine properly operating. However, limited accumulated delay time for which payment will be made shall not exceed ten (10.0) percent of the actual working time required for any single snow event. This allowance shall be provided for only those pieces of equipment previously approved by the City for required sanding and snowplowing operations under this agreement. 6. PERFORMANCE REQUIREMENTS A. Personnel The Contractor shall provide the City with the name, address and telephone number(s) for at least two designated contact personnel responsible for insuring response to the City's request for services. The Contractor shall ensure that at least one of the contact persons is available and accessible 24 hours per day, seven days per week. B. Response Time The Contractor shall be able to respond and begin sanding operations within one (1) hour and no later than three (3) hours from the start time requested by the City for any given sanding request. The Contractor shall ensure that the equipment and operator are ready and able to continuously provide sanding services through the completion of the routes designated in the attached exhibits and as directed by and to the satisfaction of the City. The Contractor shall not allow any given operator to work more than 16 consecutive hours without an eight hour break. The contractor 6 Page 24 of 56 will be responsible for providing replacement personnel if sanding operations require more than 16 consecutive hours of operation. The 16 consecutive hours shall include all operations by the equipment operator, whenever under the City contract, operations under other contracts held by the Contractor, or by other employees of the operator. The Contractor shall be able to respond and begin snow removal operations within two (2) hours and no later than four (4) hours from the start time requested by the City for any given snow removal request. The Contractor shall ensure that the equipment and operator are ready and able to continuously provide snow removal services through the completion of the routes designated in the attached exhibits as directed by and to the satisfaction of the City. The Contractor shall not allow any given operator to work more than 16 consecutive hours without an eight hour break. The contractor will be responsible for providing replacement personnel if snow removal operations require more than 16 consecutive hours of operation. C. Down Time The Contractor shall ensure that all equipment provided is maintained in a proper manner and condition to minimize required maintenance or emergency repairs during the performance of sanding operations. If, once commencing a sanding operation, a piece of equipment becomes disabled and non-functioning for a period of three (3) consecutive hours, the Contractor shall provide a satisfactory replacement vehicle and operator if necessary at no additional cost to the City. D. Communications The Contractor will maintain communications with the City through cellular phones at no cost to the City. The Contractor shall ensure that the operator maintains full availability for communication at all times during the sanding operations. The Contract will maintain continuous communications with their operators such that directions from the City can be passed to the operators in a timely fashion. E. Authority/Direction 7 Page 25 of 56 The Contractor and his designated operators shall respond to all directions given by the City in a positive, courteous and timely manner during the sanding and snow removal operations. The City reserves the right to reject any piece of equipment or operator from continued or further engagement of services due to incon-ipetence or insubordination or inability of the piece of equipment to function properly for the requested services. The Contractor shall begin the sanding and snow removal operations at a designated point and follow a specific progression as direction by the City. F. Law Obedience The Contractor and his designated operator shall be responsible for their actions and compliance with all regulatory laws and ordinances governing the operation of the machine while performing sanding operations for the City. G. Performance Bond or Cash Deposit The Contractor shall provide and maintain a performance bond or cash deposit in a manner acceptable to the City in the amount of $5,000 for the duration of this agreement. Tile City shall not file against or use this performance bond or cash deposit for any issue or matter not relating to nonperformance or noncompliance with this agreement. H. Non Performance The Contractor shall waive any and all objections, rights to objections and claims for additional compensation, damages or loss of revenue resulting from work performed by the City either prior to, during or after any scheduled or emergency operation in lieu of these contractual services as may be necessary due to non performance or excessive delays of the Contractor. 1. Property Damage The Contractor shall be responsible for any and all damages to private as well as public property (including public utilities) due to its own or its employee's negligence in performing of this contract operations. 7. COMPENSATION A. Payment Schedule 8 Page 26 of 56 All pay requests must be prepared and submitted by the Contractor as verified and approved by the Public Works Director. All pay requests so received and approved by the Public Works Director shall be processed and payment made by the City not less than 15 nor more than 30 days after receipt. B. Down Time No payment shall be made for any nonproductive or down time exceeding 10% of any singular operation. Compensable time shall include all time spent performing the sanding and snow removal operations subject to the exclusions identified herein and shall include travel time to and from the Contractor's base of operations or City limits, whichever is the shorter distance. C. PENALTIES AND BONUSES A premium adjustment of $10.00 per hour per piece of equipment will be made for each hour worked between the hours of 12:00 a.m. to 12 midnight on Sundays and the holidays of Thanksgiving, Christmas, and New Years Day. INSURANCEILIABILITYICLAIMS A. Indemnification The Contractor indemnifies, saves and holds harmless the City and all of its agents and employees of and from any and all claims, demands, actions or causes of action of whatsoever nature or character arising out of or by reason of the Contractor's performance under this agreement. It is hereby understood and agreed that any and all employees of the Contractor and all other persons employed by the Contractor in the performance of sezvices under this agreement, required or provided for hereunder by the Contractor shall not be considered employees of the City and that any and all claims that may or might arise under the Workers Compensation Act of the State of Minnesota on behalf of said employees while so engaged in any and all claims made by any third parties as a consequence of any act or omission on the part of said Contractor's employees while so engaged in the performance of these services, to be rendered herein by the Contractor shall, in no way, be the obligation or responsibility of the City. B. Insurance 9 Page 27 of 56 The Contractor shall, at his sole cost and expense, carry and maintain general and public liability and property damage insurance coverage of $600,000 for any one accident and $1,000,000 aggregate protecting the Contractor, his employees and the City against any and all claims of any kind or character whatsoever arising from damage, injury (including bodily injury or death) caused by or arising from the operation and use of the machine at the request of the City. Such insurance shall be in full force and effect during the time that the machine is operated at the request of the City. Such insurance policy shall provide for a minimum of 30 days written notice to the City Cleric of cancellation, non -renewal or material change of the required insurance coverage. The requirement and approval of this insurance by the City shall not in any way relieve or decrease the liability of the Contractor. It is expressly understood that the City does not in any way represent that the specified limits of liability or coverage or policy forms are sufficient or adequate to protect the interest or liabilities of the Contractor. Copies of the insurance certificates shall be filed with the City on execution of this agreement. C. Lev -al Compliance The Contractor agrees to comply with all State and Federal laws and local ordinances governing the employment of personnel including, but not limited to, Minnesota Statute Section 181.59 relating to discrimination in employment, and Section 290.07 requiring the certification of income tax withholding. D. Claims The Contractor agrees to process and resolve all claims submitted by affected property owners of the City of Oak Park Heights in a timely manner. 9. AGREEMENT APPROVAL CONSIDERATIONS A. Selection The City reserves the right to retain the services of the Contractor who, in the opinion of the City, can best provide the services requested under this agreement. Consideration shall be given to hourly rates, availability and condition of equipment, competency of operators, previous experience, response time and specific pieces of equipment so quoted. 10 Page 28 of 56 B. Combination of Quotations The City reserves the right to select any combination of equipment quoted for services requested in entering into this agreement. Only one hourly rate will be considered for each machine, but consideration will be given to any other rate or combination of rates not called for in this proposal if it is in the best interest of the City. 10. BID PROPOSALS A quotation is to be entered in the schedule of prices for each machine the Contractor proposes to furnish and such quotation shall be an hourly rate. All proposals must be type written or printed in ink and properly signed by an officer of the company. If the submitted proposal is accepted by the City and properly countersigned, it shall constitute a formal agreement between the Contractor and the City with no further revisions, addenda or exceptions acknowledged unless previously noted in writing on the bid proposal form. All required performance bonds, insurance certificates and additional requested information shall be submitted in a form acceptable to the City upon execution of the agreement and request by the City. 11. ADOPTED BY REFERENCE OF PROPOSAL The attached proposal, schedule of prices and description are adopted by reference as part of this agreement. 12. RECORD DISCLOSURE/MONITORING PROCEDURES Pursuant to Minnesota Statues §1613.06, Subd. 4 (1990), the books, records, documents and accounting procedures and practices of the Contractor relevant to the Contract are subject to examination by the contracting agency and either the Legislative Auditor or the State Auditor as appropriate. Contractor agrees to maintain these records for a period of three (3) years from the date of the termination of this Agreement. 11 Page 29 of 56 13. EQUAL FMPLOYMENT OPPORTUNITY -- CIVIL RIGHTS A. During the performance of this Agreement, the Contractor agrees to the following: No person shall, on the grounds of race, color, religion, age, sex, disability, marital status, public assistance status, creed, or nation of origin, be excluded from full employment rights in, participation in, be denied the benefits of or be otherwise subjected to discrimination under any and all applicable federal and state laws against discrimination including but not limited to the Civil Rights Acts of 1964. The Contractor will furnish the City all reports required by the Secretary of Labor, the Minnesota Department of Human Services for the purposes of investigation to ascertain compliance with such rules, regulations and orders. The provisions of Minnesota Statutes § 181.59, regarding non-discrimination and violations related therefrom are incorporated in this paragraph by reference as an obligation of the Contractor. B. If during the term of this contract or any extension thereof, it is discovered that the Contractor is not in compliance with the applicable statues and regulations or if the Contractor engages in any discriminatory practices, then the City may cancel this agreement as provided by the cancellation clause. IN WITNESS WHEROF, the panties have set forth their hands and seals this day of October, 2007. By: Signature Name (Please Print) For: Company Its: Title 12 Page 30 of 56 CITY OF OAK PARK HEIGHTS David Beaudet Date Mayor Eric Johnson Date City Administrator 13 Page 31 of 56 SCHEDULE OF PRICES PROPOSED 2007 / 2008 SNOW PLOW CONTRACT EQUIPMENT RATES CITY OF OAK PARK HEIGHTS 2007/2008 Material Costs Type of Sand Hourly Rate Equipment Standby Fee Unit No. Type of Equipment Year 12G Cat grader w/ wing 1986 $124.03 5 months November, December January, February and March Three pieces of Equipment at $300 each 720A Champion grader w/ wing 1991 $124.03 120 Cat grader w/ wing 1998 $124.03 950G Cat Loader w/ 12' plow 1999 $117.88 9508 Cat Loader w/ 12' plow 1989 $117.88 980F cat loader w17 yard bucket 1979 $117.88 980B cat loader w16 yard bucket (spare) 1977 $117.88 Monthly fee = $900 545 Ford Tractor w/ 11' plow 1998 $102.50 Total standby fee = $4500 for contract 97 Mack Tandem w/ 12' plow & sander 1994 $82.00 93 Mack Tandem w/ 12' plow & sander 1993 $82.00 Material Costs Type of Sand $/ton Sand (no salt) Sand/15% salt $18.45 Sand/20% salt $20.50 Sand/25% salt $23.58 5% salt/ 10% liquid $23.58 Salt 1 no sand Other Estimated costs for adding repaired 60th Street North to Priority routes is under $400 per snow event. M. J. Raleigh Trucking, Inc date 14 Page 32 of 56 E= ROrl :NJ RALEIGH TRUCKING INC FAX NO. :651 439 1486 Oct. 02 2007 03:00FM P1 �,II1 pfto =OSE D 2007 / 2009 SNOW PLOW CON -TRACT EQL IPWllT'%kTFS C11Y 4F OAK PARK HEIGHTS Unit Type of aqu>ipment 126 Cat grader wl wing OA Champion gra erw wi g 120 Cat grader wl wing 35003 Cat Loader w/ 12' plover 9506 Ca! Loader w/ 12` plow 9acF twat fader w yard huckJ 9806 cat loader w! 6 yard bucket (spare) 546 Ford Tractor wl 11' plow E99]7Mack Tandem w/ 12'plow & sander MacR Tandem w/ 12' plow & under Material Gash 200712006 Type of SanCi Hourly Equipimtnt Year late S122db I eo 1986 $124.03 5 months 1911—$124.03 Novombar, December 1996 $124.03 January, Febru©iy and 7' 17.85 March 1989 $117-88 Three pieces of 1979 $117.88 Equipment at $SOO aQch 1077 $117,88 Mom= too 0 j.000 1998 $182.50 Total standby fee = 1994 $82.00 $4560 for Contract 1993 $82.00 Type of SanCi $/ton Stand (no salt) sand/15% salt $18.43 Sandsalt $$20.60 ,1/ry20% Sat7I�I.F�J9I0 salt $23M 576 salV 16% liquid $23.58 Salt / no sand Other Utimaled costs for tidding repoired Both Stmt North to Priority rout" is under $400 peer enaw event_ date i -.�) -0") TOTH., r,;, 01 Page 33 of 56 RALEIGH TRUCKING INC. P.O. BOX 261 STILLWATER, MN 55082 BID DATE To: STILLWATER TOWNSHIP SUPERVISORS Re: 2005 PROPOSAL FOR TOWNSHIP MAINTENANCE STILLWATER TOWNSHIP, MN ESTIMATED ITEM DESCRIPTION QUANTITY SNOWPLOWING AND SALT SANDING 1 TRUCK(PLOW, SANDER) 2 TRUCK(PLOW, SANDER) 3 MOTOR GRADER(PLOW, WING; 4 LOADER(PLOW) 5 SALT SAND PRICE 250 HR $100.00 250 HR $100.00 100 HR $140.00 100 HR $140.00 1200 TON $20.00 DATE 9/18/07 0 -e clr S ESTIMATED AMOUNT $25,000.00 $25,000.00 $14,000.00 $14,000.00 $24,000.00 RAVEL ROAD MAINTERANQE-&-SHOULDERING& TRAILS 1 MOTOR GRADER 200 HR $140.00 $28,000.00 2 TMCTOR(BOX SCRAPER) 8 HR $90.00 $720.00 3 DUMP TRUCK 125 HR $86.00 $10,150.00 4 TRUCK/TRAILER 125 HR $100.00 $12,500.00 5 WATER WAGON 8 HR $20.00 $160.00 6 COMPACTOR 4 HR $40.00 $160.00 SUBGRADE EXCAVATIO3.'i,& DITCH CLEANZNC 1 BACKHOE(320L CAT) 8 HR $160.00 $1,280.00 2 DOZER(D5C CAT) 8 HR $120.00 $960.00 3 DUMP TRUCK 48 HR $86.00 $4,128.00 PATCHING, BIT ROADS 1 REMOVE BIT,&PATCH 200 SY $20.00 $4,000.00 MINOR ASPHALT RE PAI 1 DUMP TRUCK 8 HR $86.00 $688.00 SHOULDERING Page 34 of 56 t" ' �. Oak Park Heights ��'�� O -6 Request for Council Action Meeting Date October 9, 2007 Agenda Item Title Ordinance Amending Section 1202.10.E.2 of Chapter 1202 of the Code of Ordinances Relating to Sunday Sales of Intoxicating Liquor Time Required Agenda Placement Consent Originating Department/Requester Finance — Judy Holst Deputy Clerk/Finance Director Requester's Signature Action Requested: ApProve Amendment to Ordinance 1202 Section 1202.10.E.2 of the Code of Ordinances Background/Justification (Please indicate any previous action, financial implications including budget information and recommendations). In 2006 the State changed the time for on -sale Sunday intoxicating liquor sales from 12:00 o'clock noon to 10:00 a.m.. City Ordinances 1202 and 1203 adopt the provisions of Minnesota Statutes, Chapter 340A and also state the hours of operation in 1202.10.E.2 for on -sale Sunday intoxicating liquor sales. At this time 1202.10.E.2 states: "Intoxicating liquor Sunday sales on -sale. A restaurant, club, bowling center or hotel with a seating capacity for a least thirty (30) persons and which holds an on -sale intoxicating liquor license may sell intoxicating liquor for consumption on the premises in conjunction with the sale of food between the hours of 12:00 o'clock noon on Sundays and 1:00 a.m. on Mondays, provided that the licensee is in conformance with the Minnesota Clean Air Act." I recommend amending section 1202.10.E.2 of Chapter 1202 of the Code of Ordinance of the City relating to Sunday sales of intoxicating liquor to reflect the time established by State Statute and to conform with the Freedom to Breathe Ace of 2007. Please see attached Ordinance Amendment. Page 35 of 56 CITY OF OAK PARK HEIGHTS, WASHINGTON COUNTY, MINNESOTA ORDINANCE NO. 2007 - AN ORDINANCE AMENDING SECTION 1202.10.E.2 OF CHAPTER 1202 OF THE CODE OF ORDINANCES OF THE CITY OF OAK PARK HEIGHTS RELATING TO SUNDAY SALES OF INTOXICATING LIQUOR THE CITY COUNCIL OF THE CITY OF OAK PARK HEIGHTS, WASHINGTON COUNTY, MINNESOTA, DOES ORDAIN: Section 1. Amendment. That Section 1202.10.E.2 of Chapter 1202 of the Code of Ordinances of the City of Oak Park Heights is hereby amended to delete the same in its entirety and to substitute the following therefor: "Intoxicating liquor Sunday sales on -sale. A restaurant, club, bowling center or hotel with a seating capacity for at least thirty (30) persons and which holds an on - sale intoxicating liquor license may sell intoxicating liquor for consumption on the premises in conjunction with the sale of food between the hours of 10:00a.m. on Sundays and 1:00 a.m. on Mondays, provided that the licensee is in conformance with the Freedom to Breathe Act of 2007. Section 2. Effective Date. This Ordinance shall be in full force and effect from and after its publication according to the law. Passed by the City Council for the City of Oak Park Heights, Washington County, Minnesota this day of October, 2007. CITY OF OAK PARK HEIGHTS David Beaudet, Mayor ATTEST: Eric Johnson, City Administrator Page 36 of 56 s Oak Park Heights Request for Council Action Meeting Date October 9, Zoo 7 Agenda Item Title Police Officer Hire Time Required Hain. Agenda Placement Consent Agenda Originating Department/IreNuestor Police Dept./ Chief Lindy Swanson Requester's Signature Action Requested Hire Police Officer Initial Hire to be Part time. Background/Justification (Please indicate any previous action, financial implications including budget infot-mation and recommendations). I request authorization to appoint Christopher M. VierIing to the position of Police Officer for the City of Oak Park Heights. The initial faire to start as soon as possible/practical, on a part- time basis with the intent to them make the position full-time effective April 1, X008. Funding has been appropriated in both the 2007 and the 2008 budgets. Page 37 of 56 This Page is Left Intentionally Blank, Page 38 of 56 .61 Oak Park Heights Request for Council Action Meeting Date October 200 Agenda Item Title Receive Donation To Police Dept Time Required 2 mill. Agenda Placement New Business Originating Department/Ij,equestor_Police Dept /Chief Lindy Swanson Requester's Signature Action Requested Authorize by Resolution acceptance of 0.00 donation. Background/Justification (Please indicate any previous action, financial implications including budget information and recommendations). I received a check/donation in the amount of $50,00 to the police dept. from Residential Mortgage Group_ Inc.(RMG), Minnetonka, MN. Apparently RMO has a program. called Refer a friend. Build your community, in which they forward a donation on behalf of their clients. Donation must be to a school, police or fire dept in their local community, Oak Park heights resident John LindahI apparently designated the Oak Park heights Police Dept. as the recipient of a $5o.00 donation, Funds will be used to replenish crime prevention materials. I have already sent a thank you letter to Mr. Lindahl for the donation. Page 39 of 56 This Page Is Left Intentionally Blank. Page 40 of 56 4 - 9 Oak Park Heights Request for Council Action Meeting Date October 9`' 2407 Time Required: 5 Minutes Agenda Item Title: Install Additional Lighting in the Qijy Parks Agenda Placement New Business Originating Department/Requestor Councilmember MCComber Requester's Signature Action Requested Discussion and Possible Action Background/Justification (Please indicate if any previous action has been taken or if other public bodies have advised): Discuss the possibility of installing additional lighting; in all City Parks to aid in the further deterrence of Park vandalism and/or other crime. These could be motion. -sensor operated. Page 41 of 56 This Page Is Left Intentionally Blank. Page 42 of 56 01 Oak Park Heights iOU '1 Request for Council Action Meeting Date October 9`' 2007 Time Required: 5 Minutes Agenda Item. Title: Discuss Ce Ord. 601 — Re yulatin Do rs and Cats in the Cit Agenda Placement New Business Originating Department/Requestor Councilmember McComber Requester's Signature Action Requested Discussion and Possible Action Background/Justification (Please indicate if any previous action has been taken or if other public bodies have advised): Discuss City Ordinance 601, more specifically discuss possible amendments to the rules relating to animals running "at -large" — 601.11 "Running at Large Prohibited" The definition of "at -large" can be found in 601.01 l✓. - "At Large" means off the premises of the owner and not under the physical control (by leash or by voice) of the owner, a member of the owner's immediate family, or a person designated by the owner. Page 43 of 56 601 AN ORDINANCE; REGULATING DOGS AND CATS WITHIN THE CITY, INCLUDING THE KEEPINGTHEREOF AND PROVIDING POR THEIR LICENSING THE CI'T'Y COUNCIL, OF THh CITY OF OAK PARK HEIGHTS, WASHINGTON COUNTY, MINNESOTA, DOES ORDAIN: See. 601.01 Definitions. The following; words, terms, and phrases, when used in this article, shall have the meanings ascribed to thein in this section, except where the context clearly indicates a different meaning. A. "Abandoned" means to leave a dog or cat at large within the City without intending to return to or recover it. It shall also mean to purposefully leave a dog or cat in the possession of the Animal Warden to avoid paying impoundment and/or boarding; costs. B. "Altered" means any female dog or cat that has been spayed or any male dog or cat that has been castrated. C. "Animal Control Officer" means the City Council and/or any persons or agencies designated by the City Council. D. "Animal Warden" means any person or agency designated by the City Council to house, hold, confine, or board dogs or cats seized and/or impounded herein. The Animal Warden shall be appointed and serve at the pleasure of the City Council. The Animal Warden shall also be construed to include the City Police Department and any other law enforcement agency routinely engaged in law enforcement within the City. E. "At Large" means off the premises of the owner and not under the physical control (by leash or by voice) of the owner, a member of the owner's immediate family, or a person designated by the owner. F. "Bona Fide Livestock" operation means a farm (of forty (40) acres or more in size) on which horses, cows, swine, poultry, sheep, goats, or other common farm animals are kept, raised bred, or sold as a part of a business enterprise. G. "Cat" means any animal wholly or in part of the species Felis Domesticus. I -I. "Dog" means any animal wholly or in part of the species Canis Pamiliaris. "Commercial Kennel" means a kennel where dogs are bred and/or sold for re -sale, individually or in litter lots, whether or not any of these animals Page 44 of 56 are also kept for personal use and where the business may be a primary source of income. Commercial kennels are also places where dogs are boarded, groomed, or trained for a fee. 1. "Dangerous Dog" and "Potentially Dangerous Dog" have the meaning ascribed to those terms by M. S. §347.50, and specifically as follows: 1. "Dangerous Dog" means any dog that has: a. Without provocation, inflicted substantial bodily harm on a human being on public or private property; b. Killed a domestic animal without provocation while off the owner's property; or, C. Been found to be potentially dangerous, and after the owner has noticed that the dog is potentially dangerous, the dog aggressively bites, attacks, or endangers the safety of humans or domestic animals. 2. "Potentially Dangerous Dog" means any dog that: a. When unprovoked, inflicts bites on a human or domestic animal on public or private property; b. When unprovoked, chases or approaches a person upon the streets, sidewalks, or any public property in an apparent attitude of attack; or, C, Has a known propensity, tendency, or disposition to attack, unprovoked, causing injury or otherwise threatening the safety of hurnans or domestic animals. 3. The terms "Dangerous Dog" and "Potentially Dangerous Dog" shall also be construed to include similar classifications from other statutes or ordinances which are substantially in conformity with Minnesota Statutes §347.50, whether or not the same words are used. K. "Hobby Kennel" means a kennel where dogs arc kept primarily for personal companionship, for recreational use, or for performance events in addition to the purpose of improving the physical soundness and temperament of such dogs, and where the breeding and selling of animals is incidental to occupancy of the premises for residential purposes, and is not a primary source of income. Page 45 of 56 L. "Kennel" means any place where three (3) dogs or more (or up to the number of dogs permitted as an accessory use within the City's Zoning Codes and within the limitations therein provided) over four (4) months of age are kept, raised, sold, boarded, bred, shown, treated, or groomed. M. "Owner" means any person or the parents or guardians of a person under eighteen (18) yews of age who owns, harbors, keeps, or has custody of a dog or cat. N. "Person" means any individual, partnership, corporation, firm, or group, however organized. 601.02 Exemptions. Except where duties are expressly stated, this article does not apply to hospitals, clinics, and other premises operated by licensed veterinarians exclusively for the care and treatment of dogs or cats. 601.03 Animal Control Officer. The Animal Control Officer shall have police powers necessary for enforcement of this Chapter, including authority to issue complaints for violations. 601.04 Animal Warden. The City Council may appoint an Animal Warden and establish compensation for said position. Such person or agency shall serve at the pleasure of the City Council, The City Council shall annually review the work and compensation of the Animal Warden. No person or agency shall be appointed Animal Warden unless that person or agency has a microchip scanner for use in the identification of animals using such means of identification. 601.05 Interference with Enforcement. No unauthorized person shall break open the Animal Warden's pound or attempt to do so, or to take or let out any animals therefrom, or to take or attempt to take from any Animal Control Officer or Animal Warden any dog or cat taken up by him in compliance with the City ordinance or statute, or in any manner to interfere with or hinder such officer or warden in the discharge of their duties. 601.06 Doi or• Cat License. A. No person shall own, keep, or harbor any dog or cat of more than six (6) months of age without first securing a license from the City Clerk, who shall keep a record of all licenses issued and shall issue a durable identification tag for such licenses. Upon receipt of an application reciting the name and address of the owner, the address where the dog or cat will be kept, and the sex, breed, age, color, and markings of the dog or cat for which a license is sought, and upon payment of the license fee established by resolution, the City Clerk shall issue a license in the form of a metal identification tag for each animal. Page 46 of 56 B. The terms of a license shall run concurrently with a dog's or cat's rabies vaccination schedule. Specifically, a dog or cat license expires (and must be renewed) when a new rabies vaccination is needed. Failure to renew the license within thirty (30) days of a new rabies vaccination will result in a late license penalty fee being owed to the City in the amount established by resolution. C. Failure to purchase a license within sixty (60) days of establishing residence in the City, within sixty (60) days of acquiring a dog or cat, or within sixty (60) days of a dog or cat reaching; the age of six (6) months during any calendar year will result in the late license penalty fee being owed to the City. D. Dog or cat licenses are not required for dogs or cats that are kept in the City for thirty (30) days or fewer. Such dogs or cats shall be known as "visiting dogs" or "visiting cats". Visiting dogs or cats must be kept in an enclosure or on a leash at all times. 601.07 Reserved For Future Use. 601.08 Kennels. It shall be unlawful to operate any kennel unless a permit to operate the same has been secured from the City Council in advance. 601.09 _Rabies Inoculation of Dogs and Cats. A. All dogs and cats in the City over the age of six (6) months shall be inoculated for rabies and shall be re -inoculated according to standard veterinary practices thereafter. Such vaccination must be performed by or under the direct supervision of a veterinarian duly licensed to practice veterinary medicine in the state in which the vaccine is administered. A certificate from the veterinarian inoculating said dogs or cats shall be exhibited to the Animal Control Officer upon demand, and will be required as written proof of such vaccination at the time a dog or cat license is obtained from the City. B. Each dog or cat shall wear a sturdy collar for aid in identification with the veterinarian's metal tag showing proof of said current rabies vaccination. At the owner's discretion, a tattoo or implanted microchip may be used in lieu of the collar and tag; if the tattoo and chip identification numbers are placed oil file at the City at the time of license application. 601.10 Animal Bites and Animals Exposed to Rabies. A. Any law enforcement officer or the Animal Control Officer may enter upon the private property of any person while in pursuit of any dog or cat Page 47 of 56 under probable cause to believe that such dog or cat has bitten a person or animal, or that such dog or cat is rabid. B. Subsection (A) notwithstanding, whenever any person who owns, possesses, or harbors any dog or cat within the City learns that the dog or cat has bitten any human being, such person shall immediately quarantine such dog or cat for a period of at least ten (10) days, keeping it apart from other animals until it is determined whether the dog or cat has rabies. The quarantine may be by the person owning the dog or cat if such dog or cat has a current license and rabies vaccination at the time the bite occurred. If the dog or cat does not have a current license and rabies vaccination at the tirne the bite occurred, the dog or cat must be impounded at a licensed pound or with a licensed veterinarian at the owner's expense. After the required ten (10) day quarantine, the dog or cat shall be examined by a licensed veterinarian to insure that there are no clinical signs of rabies. If the dog or cat is found to be rabid, it shall be humanely cuthanized. C. If the dog or cat owner cannot be located or advised of the dog or cat bite within two (2) hours of the occurrence, or if the owner fails to quarantine the dog or cat as required by this Ordinance, the Animal Control Officer or Animal Warden shall cause the dog or cat to be impounded and so quarantined. After the required ten (10) day quarantine, if the dog or cat is still unclaimed, the dog or cat shall be humanely euthanized and tested for rabies; if claimed, the dog or cat shall be examined by a licensed veterinarian to insure there are no clinical signs of rabies. If no signs of rabies are observed, the dog or cat can be released to the owner as specified in Section 601.18 of this Ordinance. If the dog or cat is found to be rabid, it shall be humanely euthanized. D. The Animal Warden, Animal Control Officer, or other designate of the City shall have the authority to verify if the dog or cat is properly quarantined. Any veterinarian quarantining an animal shall notify the Animal Warden before the release of such animal. E. Any dog or cat to have been bitten by a rabid dog or cat or to have been exposed to rabies shall be impounded. If, however, the dog or cat is at large and cannot be apprehended after reasonable effort, the dog or cat may be immediately destroyed. After impoundment, if proof of rabies immunization is furnished and booster injections are given by a licensed veterinarian at the expense of the owner, the dog or cat may be released to the owner as specified in Section 601.18 of this Ordinance. If it cannot be proven that the animal has a current rabies immunization, the owner may, at his discretion, make provision for a suitable quarantine for a period of not less than six (6) months. 601.11 Running at Large Prohibited. Page 48 of 56 A. No person shall allow a dog or cat to run at large at any time. B. Subsection (A) notwithstanding, this provision shall not apply to clogs used as a necessary element of a bona fide livestock operation. Dogs used in bona fide livestock operations shall be issued license tags of a different color than regular licensed clogs. Said tags shall be called "farm dog licenses" and shall be worn at all times. C. No person shall apply for a farm dog license unless their dog(s) is(are) a necessary element of a bona fide livestock operation. 601.12 Abandonment Prohibited. No person shall abandon any dog or cat within the City. 601.13 Nuisances. A. The following are public nuisances and unlawful: 1. Any dog or cat that damages property (that is not the property of the owner), including plantings, lawns or structures, or that deposits fecal matter off of the owner's property that the owner fails to remove promptly. 2. Any dog or cat that, without provocation, chases, molests, or approaches pedestrians or bicyclists in a threatening manner upon the streets, sidewalks, right-of-way, or any public property, or habitually chases automobiles on the public streets or highways. 3. Any dog or cat that is kept under unsanitary and/or inhumane conditions such that the maintenance or keeping of the animal creates odors to the annoyance of the public in the vicinity. 4. Any dog or cat that kills or attacks another domestic animal or livestock without provocation while off the owner's property. 5. The owning, keeping, or harboring of any dog or cat which shall, by any noise, unreasonably and/or excessively disturb the peace and quiet of any person in the vicinity. The phrase "unreasonably and/or excessively disturb the peace and quiet" shall include, but is not limited to, the creation of any noise by a dog or cat which can be heard by any person, including an Animal Control Officer or law enforcement officer, from a location off the dog or cat owner's property where the dog or cat is being kept, and which noise occurs repeatedly over at least a five (5) minute period of time with one (1) minute or less lapse of time between each animal noise during the five (5) minute period. This provision shall not apply to Page 49 of 56 dogs or cats that are responding to trespassers or to dogs or cats that are teased or similarly provoked to bark or meow. B. Any person seeking imrnediate relief may, by telephone, notify the City Clerk, Animal Control Officer, or law enforcement officer of an alleged violation of this Ordinance. A telephone call does not, however, constitute a formal complaint to initiate the citation process. All formal complaints shall be submitted in writing to the attention of the City Clerk and shall describe the dog or cat, state the acts committed by the dog or cat, the name and address of the person owning or harboring the dog or cat, and the name and address of the person making the complaint. The City Cleric shall then promptly notify the person owning or harboring the dog or cat of the acts complained of, either by letter or door tag, and shall request that the nuisance be abated or eliminated within a specified time period. The City Clerk shall also cause the Animal Control Officer or law enforcement offer to investigate and file a report on the complaint. C. Upon receipt of a second complaint of a violation of this Ordinance, the City Clerk shall cause the Animal Control Officer or law enforcement officer to investigate and file a second report on the complaint. If the offense is corroborated by the investigation, the City Clerk shall, by certified letter, notify the person owning or harboring the dog or cat of the violations complained of, and require that the nuisance be abated or eliminated within twenty-four (24) hours or some other reasonable time specified u1 the letter. A copy of the letter shall be mailed to the Animal Control Officer and a copy shall be marled to the person making the complaint. D. If the owner fails to take corrective action within twenty-four (24) hours (or within the time specified in the letter), the City Clerk shall contact the appropriate law enforcement agency and/or the City Attorney, inform them of the alleged violation, and request that the owner be cited. 601.14 Dangerous Dog Provision. A. It shall be illegal for any person to own, keep, possess, or harbor any dog that has been declared a dangerous dog or potentially dangerous dog. This prohibition shall apply whether said declaration has occurred in the City or in some other jurisdiction. This prohibition shall also apply whether said declaration was made pursuant to M.S. §347.50 or pursuant to another statute or ordinance which is substantially similar to M.S. §347.50. I. If a dangerous dog or potentially dangerous dog has bitten a person, then the dog shall first be quarantined according to the provisions of Section 601.18. following said quarantine period, then the provisions of paragraphs (2) and (3) shall apply. Page 50 of 56 2. The Animal Control Officer or law enforcement officer shall immediately seize and impound any dangerous dog or potentially dangerous dog that is found within the City. The dog will be kept no fewer than ten (10) calendar days. The owner has until the end of this time period to provide written verification that the dog will be legally removed from the City, or that the dog will be euthanized. The owner must pay all associated impounding and boarding costs prior to the release of the dol;. Upon its release, the dog shall be immediately transported to a location outside the City. 3. Any such dog that is not properly claimed within ten (10) calendar days shall be humanely euthanized. The owner of the dog that is euthanized shall be responsible to pay the impounding, boarding, and cuthanization costs. B. This Section shall not apply to police dogs under the control of a licensed law enforcement officer during the performance of official police activities. 601.15 Females in Heat. Every female dog or cat in heat shall be confined in a building or other secure enclosure in such manner that such female cannot come in contact with another dog or cat, respectively, except for the express purpose of planned breeding, and shall be controlled on a leash while being exercised. 601.16 Sanitation. Any person who owns, keeps, or harbors any dog or cat is responsible to keep his property clean of all fecal matter from the dog or cat. All dog or cat waste shall be removed daily so as to keep the surrounding area free from obnoxious odors. 601.17 Appointing of an Animal Warden. The City Council may appoint an Animal Warden and establish compensation for said position. Such person shall serve at the pleasure of the City Council. The City Council shall annually review the work and compensation of the Animal Warden. 601.18 Seizure of Dogs and Cats —...Imp oundin 7. The Animal Warden, any law enforcement officer, the Animal Control Officer, or any other person may seize, impound, or restrain any dog or cat found running at large, any dog or cat without a veterinarian's metal tag attesting to its rabies vaccination and/or any dog or cat without its City license tag. Any person or officer (other than the Animal Warden) impounding or restraining such dog or cat shall immediately deliver the same to the Animal Warden. if the animal is collarless, the Animal Warden shall immediately ascertain whether the dog or cat has a tattoo or embedded microchip as a means of identification. The Animal Warden shall thereupon give notice of the impoundment to the owner or, if the Page 51 of 56 owner is unknown, shall post notice of the impoundment at the City Hall (and at such other places as may be designated by the City Council). If such dog or cat is not claimed within ten (10) calendar days of such posted notice and all fees and charges paid, the Animal Warden shall place the dol; or cat in the custody of a suitable person or shall humanely euthanize the animal. Any dog or cat restrained or impounded shall receive humane treatment and sufficient food, water, and shelter. 601.19 Impounding and Boarding fees. A. The Animal Warden may charge such reasonable impounding fees for the care and board of any dog or cat restrained or impounded and any and all such fees imposed shall be paid to the Animal Warden at the time of reclamation of the dog or cat. The City Council shall annually review all fees so imposed by the Animal Warden to determine their reasonableness and may, by resolution, impose such additional fees reasonably related to the necessary and reasonable expenses incurred by the City for the capture, transportation, and/or care of impounded dogs or cats. All such fees must be paid to the Animal Warden prior to the release of the animal. The Animal Warden shall issue a receipt to the owner evidencing such payment. Additionally, the Animal Warden may not release any dog or cat until the owner provides written proof that the dog or cat is currently vaccinated against rabies and that the dog or cat has received a current license from the City. I3. In the case where any dog or cat has been impounded whose rabies vaccination and dog or cat license are not current, said dog or cat shall not be released unless the owner first obtains a City dog or cat license and provides written evidence, from a licensed veterinarian, that arrangements have been made to have the dog or cat vaccinated upon its release. Any written evidence submitted pursuant to this provision shall be deemed inadmissible in any criminal court action against the owner of the dog or cat. 601.20 Coordination with Veterinarians. `Tile City may enter into Agreements with veterinarians to assist in the administration of the provisions of this Ordinance. Said agreements shall insure that an orderly system is set up to coordinate the licensing, vaccination, impoundment, quarantine, and/or cuthanization, as needed, of dolts or cats within the City. Said agreement shall also provide for a reasonable method of compensating veterinarians for the service that they provide to the City. 601.21 Constitutionalit . If any portion of this Ordinance is for any reason held invalid or unconstitutional, such portion shall be deemed a separate, distinct, and independent provision, and such holding shall not affect the validity of the remaining portions thereof. Page 52 of 56 601.22 Penalty. Any person, firm or corporation violating any of the provisions of this Ordinance shall be guilty of a misdemeanor. 601.23 Effective Date. This Ordinance shall be in frill force and effect from and after its passage and publication, according to law, and licenses required herein must be secured within thirty (30) days thereafter by persons owning, harboring, or keeping dogs or cats at the time of such passage and publication. 601.24 Repeal. The former Chapter 601, dated October 28, 1997 is hereby repealed in its entirety and replaced by this Ordinance. Page 53 of 56 This Page is Left Intentionally Blank. Page 54 of 56 Oak Park Heights e� Request for Council. Action Meeting Date October 4 2007 Agenda Item CVB and Lodging Tax Time Required o Agenda Placement New Business Originating Department/Requestor Mayor Beaudet Requester's Signature Action Requested Discussion Possible Action Background/Justification (please indicate any previous action has been taken or if other public bodies have been advised). Page 55 of 56 This Page Is Left Intentionally Blank. Page 56 of 56