HomeMy WebLinkAbout03-25-08 Council Packet CITY OF OAK PARK HEIGHTS
TUESDAY, MARCH 25, 2005
CITY COUNCIL MEETING AGENDA
7:00 P.M.
7:00 p.m. I. Call to Order /Pledge of Alleuiance /Am)roval of Agenda
Est1maled
times
7:05 p.m. II. Deuartment /Council Liaison Retorts
A. Planning Commission
B. Parks Commission
C. Cable Commission
D. Water Management Organizations
E. Other Liaison /Staff reports
7:10 p.m. III. Visitors /Public Comment
A. Recycling Award (1)
B. Foreclosure Prevention /Counseling W-- Presentation by HRA Deputy Director Rich
Malloy (2)
This is an opportunity fol the prIblic to address the Council with qucstiom or concerns oil issues not part of flic regular
agenda. (Islease limit comments to 3 minutcs in Icngth.)
7:15 p.m. IV. Consent ALyenda (Roll Call Vote)
A. Approve Bills & Investments
B. Approve City Council Minutes — February 26, 2008 (3)
C. Wal -Mart Donation to Police Dept. (4)
D. G O Improvement Bonds of 1998 — I. Approve Source for Retirement of Bonds;
2. Approve closing of Bond Fund; 3. Approve Transfer of Assessment Roll front
Bond Fund to Capital Revolving land (5)
E. Schedule Worksession for April 22, 2008 at 6:30 p.m. to review the 2007 Annual
Financial Report (6)
F. Approve New /Transfer of On -Sale and On -Sale Sunday Intoxicating Liquor
Licenses for Applebee's Restaurants North LLC dba Applebee's Neighborhood
Grill & Bar (7)
G. 2008 Board of Review Meeting — Televising Status (8)
I1. Appoint Mr. Eric Eaton to the Oak Park Heights Internship Program (9)
1. Purchase 2008 Ford Focus — New Building Inspection Vehicle (10)
7:20 p.m. V. Public Hearin 7s
None
7:20 p.m. VI. Old Business
A. City Hall Facility — Discuss /Set Worksession with the City Hall Citizen's
Advisory Committee (11)
B. STH 36 Frontage Roads ( 12)
C. 5502 Osgood Ave Property (13)
D. Rental Registration and Inspection Program (14)
Page 1 of 112
March 25, 2008
City Council Agenda -- Page 2
7:45 p.m. VII. New Business
A. Discuss and Potentially Respond to Rep. Michelle Bachmann's 3111108
Correspondence (15)
13, Discussion of Park & 'frail Improvements Park Recommendations (16)
C. Authorize City Participation in the U.S. Mayor's Climate Protection Agreement
(17)
D. OPH — Washington County Agreement on Road Limits and Reconstruction of 62"'
Street and Oxboro Ave. (18)
8:30 p.m. VIII. Adiournment
Page 2 of 112
Oak Park Heights
Request for Council. Action
Meeting Date March 2q, 2008
Agenda Item RecvclinR Award Time Required o
Agenda PIacement Visitors /Public Comment
Originating Department / Requestor Administration /Jennifer Thoen
Requester's Signature
Action Requested Receive Information
Background /Justification (Please indicate any previous action has been taken or if other
public bodies have been advised).
Page 3 of 112
CITY OF
OAK PARK HEIGHTS
14168 Oak Park Boulevard No. • P.O. Box 2007 • Oak Park Heights, MN 55052 -2007 • Phone: 651/439 -4439 •Fax: 651/439 -0574
Mauch 20, 2008
Jim Bonse
14775 Upper 55 t1i Street N
Oak Park Heights, MN 55082
Dear Mr. Bonse:
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, March 20, 2008 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!
1
Jennifer Thoen
Administrative Secretary /Deputy Clerk
r ctyt ui i i z-
Tree City U.S.A.
Oak Park Heights
Request for Council Action
Meeting Date March 25`' 2008
Time Required: 10 Minutes
Agenda Item Title: Foreclosure Prevention/Counselina_ - Presentation by BRA De_buty Director_
Rich Malloy.
Agenda Placement Visitor / Public Par6cinatibn
Originating Department/Requestor` Eric Johnson, Citv Administrator
Requester's Signature
Action Requested
Background /.Justification (Please indicate if any previous action has been taken or if other public
bodies have advised):
Foreclosure Prevention /Counseling: The Washington County HRA has obtained $100,000 in grant
funds to hire 1.5 FTEs for foreclosure counseling /pre- purchase education activities. Interviews for the
"homeownership specialists" were conducted early this week, and we hope to have people on board
mid- February. The grant funds are provided by the Minnesota Home Ownership Center, with funding
from the Minnesota Housing Finance Agency, the St. Paul Foundation and the Bigelow Foundation.
Funds have been awarded for 12 months, and we are working on leaving that funding continue through
2009. The grant agreement requires that 1,050 households be assisted with foreclosure counseling.
Program information, phone numbers, and counseling information will be available shortly thereafter.
Rich Malloy, Deputy Executive Director, will be coming to the City Council meeting on 3/25/08 for a
presentation about the above programming and options available.
Page 5 of 112
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Page 6 of 112
�1•
Oak Park Heights
Request for Council Action
Meeting Date March 2 -, 2008
Agenda Item AUUrove Citv Council Minutes — February 26. 20o8Time Required o
Agenda PIacement Consent
Originating Department /Requester Administration /Jennifer Thoen
Requester's Signature
Action Requested Am)rove
Background/ Justification (Please indicate any previous action has been taken or if other
public bodies have been advised).
Page 7 of 112
CITY OF OAK PARK HEIGHTS
7 :00 P.M. TUESDAY, FEBRUARY 26, 2008
CITY COUNCIL MEETING MINUTES
1. Call to Order /PledLyc of Alleeiance /Annroval of Agenda: `rhe meeting was
called to order at 7:00 p.m. by Mayor Beaudet. Present: Councilmernbers
Abrahamson, Doerr, Swenson and McComber. Staff present: Administrator
Johnson, City Attorney Vierling, City Planner Richards and City Engineer
Postler,
Mayor Beaudet added "Accept Withdrawal of Application and Close Bile" to the
end of Consent Agenda Item G and added "Update on City Mall Citizen's
Advisory Committee" as Old Business Item C. Councilmember McComber,
seconded by Councilmember Doerr, moved to approve the Agenda. Carried 5 -0,
II. Department /Council Liaison Re ors a.ts:
A. Planning Commission: City Planner Richards reported that the last
meeting of the Planning Commission was on February 21 along with an
open house on the Comprehensive Plan with the Citizen's Advisory
Committee. Richards reported that the Planning Commission set a public
hearing on the Comprehensive Plan for the next meeting which is March
13.
Mayor Beaudet questioned City Engineer Postler on when they will expect
to see the surface water management plan. City Engineer Postler stated
that as part of the Comprehensive PIan they will have an update on the
three utilities and the emergency preparedness plan.
B. Parks Commission: Councilmember McComber reported that the Parks
Commission met on February 25. She reported that the commission met
with Alex Bildeaux regarding trimming out the trees on the Osgood
Avenue property purchased by the City. McComber reported that the next
meeting will be on March 10 beginning with an annual meeting at 6:00
p.m. and their regular meeting is at 6:30 p.m.
C. Cable Commission: Councilmember Doerr reported that the next
scheduled commission meeting is April 10 He stated that it will also be
the night of the annual meeting. Doerr reported that Sheldon Johnson is
still going to introduce a bill to the Senate to do state franchising of cable
lines. He reported that the League of Minnesota Cities is opposing the
bill.
Page 8 of 112
City Council Meeting Minutes
February 26, 2008
Page 2 of 4
D. Water Mana�_?cment Oi /Middle St. Croix: Mayor Beaudet
reported that the Middle St. Croix WMO's next meeting is on Thursday,
March 13, 2008 at 7:00 p.m. at the Washington Conservation District
Office.
E. Other Liaison /Staff Revorts: None
III. Visitors /Public Comment:
Recyclinp- Award: Administrative Secretary Thoen reported that the occupants of
5827 Peller Avenue North were chosen as the recycling award winners.
IV. Consent Agenda:
A. Approve Bills & Investments
B. Approve City Council Minutes — February 11, 2008
C. Convert Part Time Officer to Full Time Status (Chris Vierling)
D. Sewer Electrical Upgrades and Contractor
E. 2008 Valley View Park --- Approve Contract for Prairie Management —
ControIled Burn
F. Approve Resolution Authorizing the Call of the General Obligation
Improvement Bonds of 1998
G. WCL Associates Inc., Planned Unit Development, Concent and General
Plan, Conditional Use Permit, Subdivision, Site Plan and Design Review,
and Rezoning of the Subject Property from O — Open Space to B -2 General
Business District to Conduct a Retail Development to Include Best Buy —
Accept Withdrawal of Application and Close File
Councilmember Doerr, seconded by Councilmember McConhber, moved to
approve the Consent Agenda. Roll call vote taken. Carried 5 -0.
V. Public Hearings:
None
VI. Old Business:
A. 5502 Osgood Ave. Property — Set Worksession: City Administrator
Johnson suggested that if the council wanted to proceed with any other
development of the property in 2008, they should set a worksession with
the Parks Commission.
Mayor Beaudet, seconded by Councilmember McComber, moved to
schedule a joint worksession with the Parks Commission for March 10
Page 9 of 112
City Council Meeting Minutes
February 26, 2008
Page 3 of 4
immediately following the Parks Commission meeting but not earlier than
7:30 p.m. Carried 5 -0.
13. City Franchise Agreement with Xcel Energy Update: City Administrator
Johnson reported that the City has been having some discussion with Xcel
Energy. City Attorney Vierling stated that the City has had franchise
agreements for several years and that the primary benefit of a franchise
agreement is to control the City's right -of -way. He reported that there is
no need for a franchise agreement any longer for the right-of-way issue
because of the City's comprehensive right-of-way ordinance.
C. Update on City Hall Citizen's Advisory Committee: Mayor Beaudet
reported that the committee has met over the last several weeks. I Ie stated
that a concern of the committee is the changing interest rates. Beaudet
stated that the committee might be in a position to make a
recommendation on financing. Beaudet stated that another issue coming
up is the tax bill. He stated that if it is approved, it would add 10 percent
tax capacity to the City which would help reduce costs to residents on a
City Hall project.
VII. New Business:
A. Approve Agreement with Washington County for Public Health
Emer_ Preparedness Plannina and Outreach Grant - $10.000,: City
Administrator Johnson reported that Washington County put together a
program through their Public I-Iealth and Environment Department to offer
grants to communities for emergency preparedness planning. Johnson
reported that the dollars would help subsidize cross - training and public
outreach. Councilmember Swenson, seconded by Councilmember Doerr,
moved to approve the agreement subject to review by the City Attorney.
Carried 4 -0 -1, McComber abstained.
B. Provide Responses to Bavport Comprehensive Plan: City Planner Richards
stated that lie reviewed the Bayport Comprehensive Plan and put together
a letter to the Bayport City Administrator. Councilmember Abrahamson,
seconded by Councilmember McComber, moved to authorize letter
prepared by Scott Richards be sent with no further comment to City of
Bayport. Carried 5 -0.
C. Approve 2008 Park and Trails Map & Accept Sponsorship Funds: Mayor
Beaudet, seconded by Councilmember McComber, moved to accept
donations, thank the sponsors and approve the trail guide. Councilmember
Abrahamson provided two minor changes to the map. Roll call vote
taken. Carried 5 -0.
Page 10 of 112
City Council Meeting Minutes
February 26, 2008
Page 4 of 4
VIII. Closed Session:
City Attorney Vierling stated that pursuant to Minnesota Statute 13D and at the
request of the City Attorney's office, the Mayor and council will be going into
closed session to discuss two matters of litigations. He reported that record will
be kept of the discussions therein and that any action taken will be announced
when the council meeting reconvenes from the closed session.
A. Citv of Oak Park Heights v. Lisa Taube: City Attorney Vierling stated that
all members of the council except Councilmember Doerr participated in
this closed session item. Vierling stated that the council reviewed the
recommendation by the League of Minnesota Cities and that he has
received direction from the council. Fle reported that no action was taken.
B. Citv of Oak Park Heights v. Secure Mini- StoraLe: City Attorney Vierling
stated that all members of the council participated in this closed session
item. Vierling stated that the council reviewed the court's decision. He
reported that the council provided direction with how to proceed and that
no other action was taken.
IX. Adiournment:
Councilmember McCornber, seconded by Councilmember Doerr, moved to
adjourn at 7:22 p.m. Carried 4 -0.
Respectfiflly submitted, Approved as to Content and Dorm,
Jennifer Thoen David Beaudet
Administrative Secretary /Deputy Clerk Mayor
Page 11 of 112
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Page 12 of 112
Oak Park Heights
Request for Council Action
Meeting Date March 25, 2005
Agenda Item Title Wal *Mart Donation to Police Dept. Time Required 1 min.
g
Agenda Placement Consent Agenda
Originating Departm / questor.— Chief Lindy Swanson, Police Dept.
Requester's Signature \U'
Action Requested Authorize by Resolution, Acceptance of $400.00 Donation
Background/ Justification (Please indicate any previous action, financial
implications including budget information and recommendations).
Once again, we have received an "unsolicited" donation from Wal *Mart Corporation.
This is in the form of a $400.00 donation to be utilized for safety programs. This
donation will be added to our fund and will be utilized to purchase safety education
materials.
Page 13 of 112
RESOLUTION 08 -03 -15
CITY OF OAK PARK HEIGHTS
WASHINGTON COUNTY MINNESOTA
RESOLUTION AUTHORIZING THE RECEIPT OF A DONATION FROM
WAL -MART AND DIRECTING THE FUNDS TO BE UTILIZED BY THE
POLICE DEPARTMENT
WHEREAS, Oak Park I Ieights business, Wal -Mart wishes to donate four
hundred dollars {$400.00} to the City of Oak Park Heights Police Department to be
utilized for safety programs; and,
WHEREAS, the City of Oak Park Heights is grateful for Wal- Mart's donation
and concern for their community.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Oak Park Heights that the City shall accept Wal- Mart's donation and that the Police
Department of the City is authorized to expend such funds to purchase safety education
materials.
Passed by the City Council for the City of Oak Park Heights this 25` day of
March, 2008.
David Beaudet, Mayor
Attest:
Eric Johnson, City Administrator
Page 14 of 112
Oak Park Heights
Request for Council Action
Meeting Date March 25, 2008 Time Required:
Agenda Item Title: G O Improvement Bonds of 1998 - 1. Approve Source for
Retirement of Bonds 2. Approve closing of Bond Fund 3. Approve Transfer of
Assessment Roll from Bond Fund to Capital Revolving Fund
Agenda Placement Consent
Originating Department / Requestor Finance -Judy Holst, Deputy Clerk /Finance
Director
Requester's Signature
Action Requested See attached memo for recommended Council action
Background /Justification (Please indicate if any previous action has been taken or
if other public bodies have advised):
Page 15 of 112
ity of Oak Park Heights
Memo -:.
March 20, 2008
To: Mayor & Council
From: Judy Holst, Deputy Clerk /Finance Director
Re: Funding for Retirement of G O Improvement Bonds of 1998
The G O Improvement Bonds of 1998 were issued to provide financing for Kern Center
and Phase III of the 58 °i Street Improvements. The bond issue was scheduled to retire in
2013 and was to be repaid by special assessments and connection charges. On February
26, 2008, the City Council approved a resolution authorizing the call of the G O
Improvement Bonds of 1998.
The amount needed for retiring the bonds is $760,833. The Bond Fund, which is required
to be used to pay off the bonds, has an estimated balance of $464,103 as of February 29,
2008. Approximately $300,730 in additional funding will be needed to fund retirement
of the bonds.
Connection charges from the Kern Center in the amount of $275,000 is committed to be
transferred from the Connection Charge Funds to the G O Improvement Bonds of 1998
Fund for payment of the bonds through 2012. Committed transfers are Sanitary Sewer
Connection Charge Fund $138,875, Waterworks Connection Charge Fund $48,125, and
Storm Sewer Connection Charge Fund $88,000.
All assessments for Phase III of the 58` Street Improvements have been paid. The
balance of the assessments to be collected through 2013 for the Kern Center are $161,140
plus interest. The City's policy for special assessments receivable after a bond fund has
been closed is to transfer the assessment roll to the Capital Revolving Fund.
FINANCE RECOMMENDS:
Transfer the previously committed funds from the Sanitary Sewer Connection
Charge Fund, Waterworks Connection Charge Fund, Storm Sewer Connection
Charge Fund to the G O Improvement Bonds of 1998 Fund to fund the retirement
of the G O Improvement Bonds of 1998, and to transfer the remaining balance
needed to pay off the bonds from the Capital Revolving Fund. Close the G O
Improvement Bonds of 1998 Fund upon retirement of the bonds and transfer the
assessment roll for the Kern Center from the G O Improvement Bonds of 1998
Fund to the Capital Revolving Fund.
Page 16 of 112
Oak Park Heights
Request for Council Action
Meeting Date March 25, 2008 Time Required:
Agenda Item Title: Schedule Worksession for April 22, 2008 at 6:30 p.m to review
the 2007 Annual Financial Report
Agenda Placement Consent
Originating Department / Requestor Finance -Judy Holst, Deputy Clerk/Finance
Director
Requester's Signature
Action Requested Schedule worksession with HLB TautRes Red for April 22,
2008 at 6:30 p.m. to review 2008 annual financial report
Background /Justification (Please indicate if any previous action has been taken or
if other public bodies have advised):
I recommend scheduling a worksession on April 22, 2008 at 6:30 p.m. with our City
auditors, HLB Tautges Redpath to review the annual financial report.
Page 17 of 112
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Page 18 of 112
Oak Park Heights
Request for Council Action
Meeting Date March 25, 2008
Agenda Item Title Approve New /Transfer of On -Sale and On -Sale Sundav
Intoxicating Liquor Licenses for Armlebee's Restaurants North LLC dba A_pplebee's
Neighborhood Grill 8s Bar Time Required
Agenda Placement Consent
Originating Department / Requestor Finance -Judy Holst, Deputy Clerk /Finance
Director
Requester's Signature �,�.<.Z, ::�^` / � 7
Action Requested Approve New /Transfer of On -Sale and On -Sale Sundav
Intoxicating Liquor Licenses for Applebee's Restaurants North LLC dba Applebee's
Neighborhood Grill 8s Bar per contingencies in attached memo from the Det_auty
Clerk /Finance Director dated March 20, 2008
Background/ Justification (Please indicate any previous action, financial
implications including budget information and recommendations).
See Attached.
Page 19 of 112
Hei
City of
r r
Memo
March 20, 2008
To: Mayor & Council
From: Judy Holst, Deputy Clerk /Finance Director
Re: New /Transfer of On -Sale and On -Sale Sunday Liquor Licenses for Applebee's
Restaurants North LLC
We have received an application for a new /transfer of On -Sale and On -Sale Sunday
Intoxicating Liquor Licenses from Applebee's Restaurants North LLC for a business
located at 13625 60 "' St. N. The former licenses were in the name of Apple American
Limited Partnership of Minnesota. All applications have been investigated by the City
Attorney and the Police Department and found to be in compliance with the City
ordinance requirements for liquor license issuance.
City staff and the City Attorney recommend approval of the issuance of all On -Sale
Intoxicating Liquor License and an On -Sale Sunday Liquor License to Applebee's
Restaurants North LLC dba Applebee's Neighborhood Grill & Bar upon approval from
the State of Minnesota, Department of Public Safety, Liquor Control Division.
Page 20 of 112
Oak Park Heights
Request for Council Action
Meeting Date March 25' ", 2008
'rime Required.: 1 Minute
Agenda Item Title: 2008 Board of Review Meetinp- ---- Televising Status
Agenda Placement Consent Agenda
Originating Department /Requestor Mayor Beaudet
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):
Requested Action:
In prior years, the City has not televised the Board of Review Meeting, but should formalize this
action. The City should again not require that it is televised.
The Board of review immediately precedes the April 8 City Council Meeting. 6 to 7 pin.
Page 21 of 112
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I Ar l,,
Page 22 of 112
Oak Park Heights
Request for Council Action
Meeting Date March 25` 2008
Time Required: l Minute
Agenda Item Title: Appoint M� Eric �On w the Oak Park Heiszhts Internship Position.
Agenda Placement Consent Agenda
Originating DepartmentlReiestor /:' /icitolinson. City Administrator
L.
Requester's Signature
Action Requested Appoint is Eaton to the Oak Park Heiahts Internship Position subiect to final
background check by Chief Lin v Swanson.
Background /Justification (P1 ase i icate if any previous action has been taken or if other public
bodies have advised):
The City had received four (4) applications for the Part -time, temporary Oak Park Heights
internship position. It should be noted that all were well qualified for the internship opportunity
and each would have been an asset. However, Mr. Eric Eaton was the preferred candidate due to
his experience, education and availability.
The expected hours of 15 -16 per week and are to be on Wed and Fridays, commencing ]March 28
X XIC pay scale as offered is 510,00 per hour and will cap at approximately $4,000; or about 24
wecks of services when FICA and other ancillaries are included. Staff have projects prepared
that could not be performed by tw4
staffing service is in the $1.4.00 per ho€ l illfffi c. 11-: -, ,
budget for up to $4,000 in temporary labor /services.
E nclo sed is Mrs Eaton ��e.}� net 111v if.: i? ty Z _.. ...2 Li .1: y . - :3: iF: C
■'te
completed an internship ivitli
Page 23 of 112
Citv of Oak Park Heiahts : L
. . ............. ... .
Internship - Applicant Spreadsheet
First Lost Graduate Complete gU&M of Future Excel Total
Name Name Urkdergrad Degre Application Application Service Score )g n t s
Fx L)erience Experinc
5 : —
DanidBoudreau 3 8 7 5 8 2
38
— - - -------- ---------------- -- overquaffied would be bored, looks ore Planning C.D. track
- — - ---------- --
59 gV
eaqer , good presentation submi materials, lives in St. Pau
Eric Eaton 10: --- --------- 1 ' 0 - --- 9 10 10. $ , of submitted at ri
-- To — -- 6
Nichol. 10. 2 45 . .. ....
MattheKline 3 10 5 48 > w will u t FT job for this in temsh p would question Comm tment capc ty
.............
.... . ......
--- - - - ------------ --- - - - ------------
- - - - - - ---------- --- ------ - . ......... - --- - ----------
---------- - - - - - ------------- --- . .......... ....... ...... .. . -- - - ------- --------- .... .... - --- - -----------------
— - --- - -----------
- — ------ ------ -------
- - ------- -
(C)
(D
N)
0
h
N)
Eric Eaton
730 Holton Street
St. Paul, MN 55
(715) 86 4 - 9354
February 29, 20o8
Eric Johnson
City Administrator
City of Oak Park Heights
PO Box 2007
Stilh,rater, MN 55o
Dear Mr. Johnson,
I am currently a first year graduate student at Flamline University School of
Management in the Masters in Public Administration program. I am seeking an
administrative internship or assistant opportunity with a suburban city in the
metro area and Oak Park Heights is the perfect fit. I learned of this opportunity
through the League of Minnesota Cities website. I am excited to return to a local
government position which I believe will be a mutually helpful endeavor, not only
for my continued education but also the City of Oak Park Heights and the public
you serve.
I received my bachelor's degree from St. Cloud State University and have received
high marks and praise in my short time in the graduate program. While
attending SCSU I completed an internship with the City of Little Falls where I
acquired a large base of knowledge dealing with local government administration
and with the help of my mentor and teacher, former City Administrator Richard
Carlson. I feel confident in my abilities to make a difference in your organization;
as I thoroughly enjoyed my experience in local government and plan to work hard
in my pursuit of my ultimate goal to become a city administrator.
Enclosed is my resurne, which highlights my experience and education. I would
greatly appreciate the opportunity to meet with you about the graduate
internship position you have available. Thank you in advance for your time.
Sincerely,
C
E baton
Page 25 of 112
Eric Latour
73o Holton Street, St. Paul, MN 7504
(70864
ecatonoi @hamline.edu
Objective To acquire an administrative internship or assistant opportunity with a
suburban city in the metro area through which I can utilize my educational
and professional skills to strengthen the organization anti community.
Education Degree: Bachelor of Arts, Public Administration (SCSU)
St. Cloud State, St. Cloud (2002 - 2007)
• Worked 20 hours a week while attending classes.
Hainline University, St. Paul (2007 - present)
• Pursuing a Masters in Public Administration
• GPA: 3.8 through three classes, currently in second senrestcr
S kills / Abilities Adininistration
Analyzed the role of local government in small communities through my
internship �,�=ith the City of Little Falls under City Administrator Richard
Carlson.
Worked with local and state organizations on various projects.
Worked with Morrison County and the five surrounding townships in
conjunction with the City Attorney in annexation of properly to the City
of Little Falls.
Understand the workings of public organizations as well as the
administrative duties of upper management Through coursework.
Facilitation
Helped organize Meeting for the Heritage Presentation Commission in
Little Balls, as well as completed reports including a summaries for the
Federal Department of Interior and Minnesota Historical Society.
Conducted an interview with two representatives from the Burlington
Northern Santa Fe (BNSF) Railroad concerning a Whistle Free Gone
affecting; the community. Aired on public. television in Little Falls.
Helped prepare Safety Program grant for the Little Falls Fire
I)cpartment with Dire Chief Michael Nieman.
Communication
Presented weekly reports at City Council meetings and prepared
administrative notes for Darts of the rneetings.
Attended meetings for the City Council, Golf Course, Library and Senior
Center Boards for the City of Little halls.
Conferences
Attended the Historic Preservation Conference in Red Wing, MN in
September 2006.
Attended the Annual Conference of the Coalition of Greater Minnesota
Cities in Alexandria, MN, in November 2oo6.
Attended the Federal Home Loran Bank of I)es Moines Regional
Conference in Bloomington, MN, in January 2007.
Experience Assistant to the Administrator, City of Little Falls, Little Falls, MN
(ArlcJust 2oo6- Januar-r] 2007)
Dock Associate, Fedex Freight, St. Cloud, MN (June 2004 - present)
Page 26 of 112
CITY OF OAK PARK HEIGHTS
14168 OAK. PARK BOULEVARD NORTH
BOX 2007
OAK PARK HEIGHTS, MINNESOTA 55082
PHONE: (651.) 439 -4439 FAX: (651) 439 -0574
APPLICATION FOR EMPLOYMEN T
The City of Oak Park Heights considers all applicants .for all positions without regard to race, color, religion, gender,
national origin, age, marital or veteran status, the presence of a non job- related medical condition or handicap, or any
other legally protected status.
Pr..rnsE-1PRINT DATE: �2-71u?)
Position(s) Applying For: LO CAt L� O
Are you available to work.: ❑. Full Tinge iY Part -Time K Temporary
- MME I TN F-Tw- �-- U�0N
LAST FIRST E ,
i MIDDL
ADDRESS: - 7 �o �uuTaN S`\w,)E � ST. �L ml �t5IDT
NUMBER STREET CITY STATE GIP COM
HOME TELEPHONE: WORK. TELEPHONE:
SOCIAL SECURITY NUMBER:
Date ou are available for work
y f �n � o�R
Do you have any relatives working for the City of Oak Park Heights? ❑ Yes X No
If yes, relationship to you:
In which department are they employed:
If you are under 18 years of age, can you provide required proof of your eligibility to work? [] Yes ❑ No
Have you ever filed an application with the City of Oak Park Heights before? ❑ Yes N No
If yes, when?
, ve you previously been employed by the City of Oak Park Heights before? ❑ Yes 19 No
If yes when?
Page 5 of 10 Oak Park Heights - 1_.ocal G IntershipAii -���
Page 27 of 112
Are you currently employed? I� Yes ❑ No
May we contact your present employer? CK Yes ❑ No
Are you prevented from lawfully becoming employed in this country because of Vasa or immigration status?
(Proof of citizenship or Mwilgration status will be required upon ernployment) ❑ Yes K No
Have you been convicted of a felony within the last seven (7) years? ❑ Yes K No
(Conviction will not necessarily disqualify an applicant from eniployrnent)
If yes, please explain:
EDUCATION
Elementary High School Undergraduate Graduate /Professional
School College/ University
Schao9 name & Stli►'14>thC€ � W0t 40 +� 6 SkROQ . s~x~. Cw�v 5 I WIAO(l Nolte -t-
location �Av aftlQP—, W 1 �Av G*U-, W I S ct-Nfl, KV-
Years completed 3 4 15 6 I7 @8 9 1 30 ( it 1 t2 t 2 1 3 1 0 t 2 3 4
Diploma/Degree �71P 'M'f �.1� ( �
1tJlSp ��t,tc RDMtWSW-A`f;o�
Describe Course Qn�s,tc,�n. s IjMmS AtUl
of Study clovataMEAT c-keS 0a4PA t2AQ00 M() �gv � is loN
X50 pUwc, 11AW lid �OV fiNMFi�Ir
Describe any 3, , CIVA , - PAeuU>A
honors you havel osSS
received
Describe any C°'AA �NStitP��
additional tl tk4r1W AS WV oi' VhR, VAOR w qq ?R
information you �° WoQac• qT40 ?44WJ�Vs Arty vtct -
feel may be helpful
to us in considering;
your application
Page 6 of 10 Oak Park Heights - Local Gov. Intership Ann. - 2008
Page 28 of 112
EMPLOYMENT EXPERIENCE
Start with your present or last job. Include any job - related military service assignments or volunteer activities. You may exclude
organizations which indicate race, color, religion, gender, national origin, handicap, or other protected status.
Employer Fv--De)L Dates Employed Duties Performed.:
Address: Z3z3 'P.�a�lt0Ai. V From: QL To; -P�Seot b2ive- 1�)e4 UV -T
k2aSC�1tW , AN 55! 13 � `� ?�04
Telephone: Hourly Rate /Salary jj owv"' /Muvc �fU4G
Job Title: Supervisor: Starting: Fi3tal:��'� 115
t>ow- AsSoct aT I ?oC e� L $12.40 1 hr 1 $ fT' 9 / �� 1
Reason for J..eaving: May we contact this employer?
N l 6 to Yes ❑ No
Employer Ckl� p� 4TTI(� 1�-�'j s Dates Employed Duties Performed:
Address: t axi t1r-- Z1 WC-twc Go\ T
ft
From: To: 'Zo0 ANM ze, � OF- L.O .
LA Tt fk FRCS , MO 511214-G , Zob (� I '11Rt�1
Telephone: (320) a--95 Dt) Hourly Rate /Salary
pe"Cfs 'r w lad t�i✓Pa12f5
Job Title: ASSt51A•lT Supervisor: Starting: Final: Wom c LSE PRo �4
-ra IAE MMlQft" V 6WUSDN $W.$o /fir $ loAo tit Ttt?E a T
.Orion for Leaving: May we contact this employer?
�NI�W�Sµt� CorU YI.E�A � Yes ❑ No �2E?M�, poGt5r4tEt�T �A�c�t�l
1S�w�t�n1S o�l���5 mac,)
Employer Ug f vim(! WMBEZ Dates Employed Duties Performed:
Address: '3 O• t✓l+a19DWA5 v30 From: 1'0:
1^_M aMK , W1 S�l 5un1 t �l S r, 2on2. C.� Si4 ( .fZ l I b I;-- Etta
Telephone: 015) W - S' 2 35 ! Hourly Rate /Salary AAEt. L' CQST Mc R
Job 'ritte: CofSKIc Supervisor: Starting: Final:
Y I A Ss��l� r P-1w V61 pe I-0 17.5D lAr oo( alt-
Reason for Leaving: May we contact this employer?
1N�OVFJp 1�a Cn�.EC Q �' ism
�. Yes ❑ No
Employer Dates Employed Duties Performed:
Address: From: I 'ro:
Telephone: ( ) Hourly Rate /Salary
Job "title: � Supervisor: Starting: I Final:
Reason for Leaving: May we contact this employer?
❑ Yes ❑ No
rage r o r i u UaK P arK Heights - Local Gov. Intership Ann. - 2008
Page 29 of 112
If you need additional space, please continue on a separate sheet of paper.
SPECIAL SKILLS & QUALIFICATIONS
Please summarize special job - related skills a nd qualifications acquired from employment or otber experience.
xP tl~.N WA -T I n tc _ 'rQ101P0APAT AND CnmP \)'1U 5vvy (Qo o, P.we Fzmm w, 5Wf1 owv
1cPFQ taF�Nf� v R.k t& QP ,�N�s Qt�1ANG ,S , r fZ eoW 1laNt �t�]t� t NYaPr t C�,MS
SL IU, 1N Cu! Q - kD �1'4VE. - 1 SqSa 40
List professional, trade, business, or civic activities and offices held:
(You may e ehsde memberships which would reveal gender, race, religion, national origin, age, ancestry, handicap, or other
Protected status)
Acate any foreign languages you can speak, read and /or write and at what level (fluent, good, fair ): _
,r
Do you have a valid driver's license? r, l, CK Yes 0 No
Are you physically or otherwise unable to
i
perform the duties of the job for which you are applying? 1l Yes ® No
10WE U ENCES
Please o
rovide the names of three ersns nolrclated to you who can testify as to our character and qualifications.
p p r Y �' uali
Y g
Name and Occupation Address Phone Number
,"R-NE Mc 1K , c,emvpvc1? ! W p� � AAWLAOF- 01J1V1 [ tj CMS41�1"{0 l! � d � � nn
t�l�A sS012 , k1 UN UN13 lLS1T41 � �E� mm <� m4 W 92 ;3 — 2:? 1 1
CAl2.oi, WUU-Soo ,DAR -�oiL ( �. 31l. EA-r,1 SUAov
P goy s ad , vs� �eaa�► ttso ?�� � VC 50,3114 ` 3� �s�u
7
�� SSaft r Ste. �a sr�1 J��d t5fry s Ctovv, Ntj r
Page 8 of 10 Oak Park Heights - Local Gov. fntership Ann. - 2008
1u�5 Page 30 of 112
APPLICANT'S STATEMENT
I, certify that answers given herein are true and complete to the best of any
knowledge. I authorize investigation of all statements contained in this application for employment as may be necessary
in arriving at an employment decision.
This application for employment shall be considered active for a period of time not to exceed forty -five (45) days.
Any applicant wishing to be considered for employment beyond this time period should inquire as to whether or not
applications are being accepted at that time,
I hereby understand and acknowledge that, unless otherwise defined by applicable law, any employment
relationship with the City of Oak Park Heights is of an "at will' nature, which means that the Employee may resign at any
time and that the City of Oak Park Heights may discharge Employee at any time with or without cause. It is further
understood that this "at will' employment relationship may not be changed by any written document or by conduct unless
such change is specifically acknowledged in writing by an authorized executive of the City of Oak Park Heights.
In the event of employment, I understand that false or misleading information given in my application or
interview(s) may result in discharge. I understand, also, that I am required to abide by all rules and regulations of the City
of Oak Park Heights, Employer.
Signature of Applicant Date
ull I III I Ie HLIIIi I.III I h. 1 iI I . �
FOR OFFICE USE
Arrange Interview ❑ Yes ❑ No If yes, date and time:
Remarks:
Employed ❑ Yes ❑ No Date of Employment:
Job Title: Department
Hourly Rate /Salary:
NOTES:
C2] ilalSllAR )~C� /f0I2MS1A1'YC,CCAT. CiMC'
Page 10 of 10 Oak Park Heights - Local Gov. Intership Ann. - 2008
Page 31 of 112
This Page Is Left Intentionally Blank.
1
Page 32 of 112
d
S•
Oak Park Heights
Request for Council Action ='
Meeting Date March 25"', 2008
Time Required: 1 Minute
Agenda Item. Title: Purchase 2008 Ford,,ocus — New Building Inspection Vehicle
Agenda Placement Consent .Aaend4',
l
Originating Department /Re uestor %Eric Citv Administrator
Requester's Signature '
Action Requested Amnrove Pur base: a Recommended.
i
Background /Justification (Plea-4 indjcate if any previous action has been taken or if other Public
bodies have advised): %
The 2008 budget included $15,090/for the purchase of a new Building Inspector Vehicle to
replace the 2000 Expedition. A base set of criteria was created that specified the ininimurtn
specifications necessary so that vehicles can be most easily compared, such as minimum fuel
standards, four doors, front /side airbags, ULEV -11 emissions, etc, (please see the full bid
specifications). Following the receipt and analysis of the initial information and cost criteria,
several criteria were utilized to rank the quality, performance anti specifications of such Vehicles
with each other including:
® city mileage,
* highway uaileage,
® front impact safety rating
® side impact safety rating
a test driving --- subjective ranking by J. Butler and J. Hultman
® greenhouse gas emissions
Accovdingly, bawd on sublraitte€1 information and additional discussion, the Ford Focus was
s0t ctcr sie the primary choice for purchase based on resulting score and price $14,484 (this price
includes
es tai, title, li fa °oars De 1�h�d
brace was tine Uyundai El nfl. -. i at a Wtal Best
Recommendation: At this time staff recommends the purchase of the Ford Focus from D.
Hecker Ford for $14,484.00
(11 should he noted that several dealerships were contacted and staff did their beat to sort through lite various materials
returited. Some firms did not respond in a timely manner, souse faints (did not give clear, (lefinitive prices as requested
anti some ftrins stibinifted seibsegitent unsolie ted price aton s'tinews, . §ojlle flP"1t s s';m 1 , efd f oor r'1:14u;`? ?t';"
eom pared to others As we know, s oin e (dealers maji agree to eia theirpriee.S for giren ii1ceiitives !)r iiiir'i1i1j > ±'Ii i'C' ✓ ?t! %ii
r',?; >%±! =1" : ?i;ri'drrij. T __'i .� iF °r "f3s'JF:= ??1zFi�j' ii ell f arl F1J j3k"U('f.'VS lolver raft o fllet Ivels
Page 33 of 112
Car Ran&ina Criteria
i
Estairnatad Annual 10 Year Fuel 10 -Year
"'Emission S FuelC -t(i D.DOD Costs f,W. Combinod
City Milaaaa HWVAIl1eIgo satc:v Sian Test Dd -R—t tdistanoc From Avcr:wel TOTAL SCORE fhiohor is milesx —70% aW..tedl7D:s Doaraurw and
Maka Modol Price Seoro Score Safety Front 5coro Score SutrtoEal Score hlpher.A Is bode! Subtotal Score hil iir b-tter bett9l) city) CRY Purchau Price
In,Wo,e IcobalR S 14.94500 14 �2 (400) { "ol 14 ! - 64) 5 =fi60 9 16,598 3154324
Iche,olet J l l 5 1fi225.00 :4 3 - 24 092 5 1fi %3 5 16.27 3235227
I chewolet Malibu - !s S 17.325 00 14 10 - - 24 (0.92) $ 1673 5 15727 34052.27
• >,. t 5 ; y.f..- rr xrs �:�'�,� r bX.: ',;;ff> ro`:;1::,"i�� .. , v>rn' -- r . «I �''� Cam"?; �" 4�xM ?, "e�s'ku;�f =`: . . , y _
. t �">..;` u�w
dodce avermer S 15672.00 .2 10 - - _ 22 (1721 5 1733 S 17333 33005.33
'7 ford fwvs S 14.484.00 18 16 f400) ! 301 182$ 48250 068 .6-93 5 1,530 5 453031 29,787.03
s8��- - -z-
x t I C 401 j )
Civic FJC 5 18.955.00 29 22 {
- 4 WI 38 1135 5 1.453 5 14.Sw 33.4S833
I tgntla AcooM LX S 20.281.00 12 12 - - 24 (,1.721 5 1.720 5 17 204 37.485.30
Ihyrldai elanbe 5 16.111.00 20 15 - ;4.00}1 321. .. 19.75 51,150 1.48 53.23 S 1,484 5 14,8361 30947.361
J . :;.a rr>
- , �zt;Y�$�c.:KSi..,nz;., -sue. fit? �i�a�. �..,.. dhr�'.", �K��;; r3N �,.1F.?�;:c:�,f.;.e.�..,,er�,a. T�T4?C ° r�,.� „',�� a- n?^vt�jA3f.�4D. Lea,.. ;, �xl ,�?rhA;�,.,1ir�ei�N2 ✓�- �.�s,,.. s.,. �. �. �'s,...ly.�k5;?.
,eeo �patdot - sport S 18,225.00 16 4 (400) - 19 (092) 5 '..952 5 16618 34.84335
Mazda Mazda3-I monno S 15,285.00 16 12 (4.001 (6 005 16 (092) S 7.694 5 19045 31.32-
subam imwcra S 17.30800 10 4 - - 14 (372) 5 ".844 5 18,444 35.75244
subam forester 5 19,38700 10 2 - - 12 (372) S 1.562 5 16,615 36.00230
suba oAback 5 20,80000 10 2 - 12 (3 Y2) 5 1.562 5 _ 16615 39.415.38
iF.
SI
30 POY'.a for r..oe:4p 5'a+io -4 or svn OPw+S rya
c sn,m�rcx sa,:ro.N «.i e,rre Ftimr «sus_. r,:ur - aw.x<
30ny�M-'a 2l y in'af« n afxraY a�o;r_y , «each ?o:+'rx aacn �r i1igS°S!SCre POSS+b!C fAx Data --:e rmm A`aeioxsy
'.x vacs yaro msy am �r m+w:5 pamr5 e52126 Sc«a
CA)
O
h
N
VEHICLE TEST DRIVE REPORT
FEATURES Toyota Toyota Toyota Hyndai Hyndai Honda Ford Chevy
Prius Corolla Yaris Sonata Elantra Civic Focus Aveo
LX S LS
Ease in Entering 3 5 3 5 5 3 4 3
.Seat Comfort &
Adjustability 3 5 3 5 5 1 5 3
Seat Upholstery 2 4 4 5 5 3 4 3
Legroom in front 4 4 4 5 5 4 4 4
Leg room in back 3 4 3 5 5 3 4 3
-Speedometer/Gauges 1 4 1 5 5 4 4 4
Accessory Controls 1 4 1 5 5 4 4 4
Heater 5 5 5 5 5 5 5 5
Storage inside 4 4 4 4 4 3 4 4
Storage in trunk 4 4 4 4 4 4 4 4
Front View 1 4 1 4 5 1 4 1
Blind Spots 2 4 2 4 4 3 4 3
Steering 4 4 4 5 5 4 5 4
Acceleration 4 4 4 5 4 4 4 4
Braking 4 5 4 5 4 4 5 4
Feel of Ride 3 4 3 5 4 3 4 3
Customer Service 2 2 2 5 5 1 5 5
v
TOTAL POINTS 50 70 52 81 79 52 73 61
W
v,
0
Rated with 1 through 5, with 1 being the least degree of satisfaction and 5 being the highest.
N
f '
City of Oak Park Heights
14168 Oak Park Blvd. N • Box 2007.Oak Park Heights, MN 55082 • Phone 651) 439-4439 ax (65I) 439 -0574
February 12, 2008
TO: Auto Sates Dealers
FKUM: Eric Johnson, City Administrator
RE: Vehicle Purchase
At this time the City of Oak Park Heights is considering the purchase of a new vehicle for its Building
Inspection Deportment. While thoro are many vchicles to select from the following are the
minimum requirements that roust be met.
Must be a 'Four Door' car or SUV.
• Must have or) automatic fronsmission,
• Must be a four - cylinder engine. (may be a hybrid ) 'd
ve ee
Must be Front Wtit Di -"—
w
• Must have Front and side bags - including rear passengers),
• Must have air conditi nning,
• Must meet or exceed U LEV criteria - {Tier II Standard),
• Must meet or exceed 20 MPG City AND 30 MPG Highway - EPA Ratings Only,
• Must meet or exceed a three -year/ 36,000 mile bumper- to- i:wmporwatrdnty,
• Must have power windows and locks,
• Must have cruise- control,
• Must have cam /fm rrirlic,
• Must have a 'basic' interior finish package (not leather) For easy cleaning.
• Must have floor mats e -- _
atfJ�7n�rf cJr,,,d�`c S
Considering these c(teria; for the 2008 Mader -Yea , � s�yids - in pteag of three vehicles that your
dealership may offer that comply with these requirements AND Indicate YOUR Best Price INCLUDING all
elernants such w taxcs, title, license and oli rebates 11 ru l may be available.
vehicle # 1 >er-,f f nr Your Best Price s� `1� t/4� IF�J� �S"•tlS�'W (�5�`�
Vehicle #f2> _ _ Your Best Price $
Vehicle #3> Your Best / Price $
Nome ofFrm:
Your Nome:,
Date: V' (Prices quoted above must be valid for 60 days from date Indicated)
The City of Oak Park Heights is under no ouligation to purchase any vehicle and is only seeking comparative
best prices based on the minimum crifer€a, Following this initlol process, the City will be performing test drives of
several vehicles.
k�,e �S
C1.t le- V)
y f1 p
Page 36 of 112
Buyers' Checklist Green Vehicle Guide US EPA Page 1 of l
• . ,+
Print Close
Car Buyer's Check Sheet
Take this check sheet to the dealer to identify the vehicle you have selected.
Many models may look the same, but will have different emissions and fuel
economy. Your dealer can help you locate this exact model.
Make: FORD Model: Focus
Year: 2008 Engine: 2 titer, 4 cylinder
Greenhouse Gas Score Air Pollution Score
a 10 0 io
Transmission: Auto 4 speed Drive: 2WD
City /Highway_MPG:. Certification Sales Region: Federal
24/33 All Altitude
11 -
Test Group ID: 8FMXV02.OVZP �EHIGL.E EMISSION INFOR pN
This number is found under the hood on the II�ICp rncrvrIWIV rrwx.VZ3 -SX)Cf
rtt
A 1A hVAFOk3W WAIIlY
1TiCXRQfEO%X%
emission label. It will be listed as either �aL
Engine Family " or Test Group. This number UnnaGr�rtnrrn
T 14 C A4X:+RCO'..LAT1('1,a
is used by EPA to determine the emission AP= LtAELE- 020A4CDEL YEW W? LE. C4F
AND .AWF 9EOUL4717Wc APPILL RE'`L'Y'X' AGOEL
standards that the vehicle was certified to YENR %MLE. =a£ EV3ERa4;P$
meet. You will need to find this if the model EKi17e1JbTE caTE�Dm
you are interested in is available in more than t, AE
one emission version. Your dealer can help ENGINE - UNE- UllWECIffGAjJ0N
you locate this ID. - Mtz <P_ua'CA? fA2. !AI1 >I
:_E 3P „EL IGNITIN4 k 4]J..STL -Nr VEE:.EA
CATALYST III 11111NI�,
M Page 37 of 112
Side -by -Side Comparison Page 1 of 1
.. ......... .............. . - .. ... ... J ..
/_ t +C 1 l I 1 iA e
www f aeleconomy.gov I ems' r... ` —5.. _
__nrl .i rd , """"'--- '[:Ir: .--. 5'[, , i,t 1rr:1 ._� "•'itl,. V� ..
3
Frinl tbu l[el r,COnnnIy GINCEI! I t..; rn[rtnl!:ci. <!o.t .l4ot
r n,ri .; _, e, f2c {no�c } ;Clrr )!t•
2008 Ford Focus ' 2005 Hyuildai Elantra
Co Ripar. Side - by - Sid, tY.LY -
.,_c !'a;rrG�s}Yn�c;F.
WO, t. Wtrte ens it,
Ncv ING Irsls RLGULAR GASOI CHI' RLGOI.AR GASOLINE
arcnowtrealistic 26 27
24 . w, n.,, 33 25 eM„ n.a 33
i.S7'(.�,. ..:.:i r..:r cl:: { ?r r5'e•r iil: l't -i.
!•vi aan l...srrt nn]v� <4ir:nr. IL. .! �[lii[1rs-
L.carmm�re,shnnl 33.5 1:• 30.6
_Your rAPG' !n
L.
27 3 !o nsclac:,n
3
Vrr- [, V:r:rr Ind•r ir:ual i_slinlates
C—t S odrivy' 5 F-I1tL
Fuel to Drive 25 Milos 0960.E 0.53 gal
Ann R.l F11C1 Cosa' $1242 $1195
c1mily Impact Score
Annual Petroi.rtm
Consnmpti°n
{11>.[rte1,.47 c{aliony)
carbon Footpliut
Aral al T , IN of c0
emitted <:
rcr >ortlo =r. Anr.mulxc. _�s...� L
EPA Air Pnllutioa Score
Air Air
Pollution AvlilabiliLy P°ifuti°n AvailabiFiLy
Scar e Scar.
a.n fl.n
Il,\VO2 OV0-1 G!NXV52 W.'W:;
Air POIi LILIon Scare
LA L I:
of l.S;tV07 GV %I' Y.IfYxVC1.' 9lv",•
wn � P - e I rt
SkAIN sr!LEVIt °
II�MxV02 &!{Y 0!{1+(:
Scer inr {:.I. ^Or ""'j i:o:l'rir_ e.4S1trV
�i;�dr ^r;.i ,> - S{,�vr F•cnrc:. fnr Hr.:�t of ll y
Moro about omissions.,..
: ",4t5'cln� vrh.i{•.h.rt'morc . llil,: N "I ::, r.orr:'
• l ",T.ts 11 n =Il'.- _en:nr jn +ltn.�!r.tnJ ,ra.nlrcnse :i�:'n ^_ -�
rr:fu/S- E Flip Gw. VO:' i. Cirr,[1c
Safety NA NA
EPA Si.. Ci-s compact Ca[s Midsize cat.
Eclginc Size(Ittms) 2 2
Cylinder. 4 4
Ira ..I -ion Autornak 4 -.pd Automotic 4-spd
Drive Front-Moo] Dfiva Fron4Vdn.d Driv.
Gas Guxxiel
Tul bochar0er
SIIP.rchar0as rq
Pac.:ntYnw. �nlr: w.w Mfllmnl f>R na r4n,
m Page 38 of 112
Compare � Green Vehicle Guide US EPA Page I of I
Side-by-Side Comparison j - Print_€ _Close
Make: FORD I- IYUNDAI
Model: Focus Elantra
Year: 2006 2000
Vehicle Specifications
Engine: 2 Liter, 4 cylinder 2 Liter, 4 cylinder
Transmission: Auto 4 speed Auto 4 speed
Fuel Type; Gasoline Gasoline
Drive: 21ND 2WO
Vehicle Type: Small Cars Midsize Cars
Environmental Information
Air Pollution Sore; - -,6
SP -:last p +,t w o::: e
Greenhouse Gas Score: - - - Q ..,,......�
Smartway)
CKV.fl. 1. Economy: 24 25
(midae prr galbn)
Highway Fuel Economy: 33 33
(mhos per galfou)
Combined Fuel Economy; 28 28
(miles por gallon)
Fuel Consumption 3 3.57
(gallons per 100 MOs)
Estjmated.Annual Fuel Cost: 1420 1420
is 60,n-)
Certification Sales Region 6ederal All Altitude Federal Ali Altitude
Emissions Certification Standard: Din 3 Bin 5
Standards
{grnms pa" Me)
NOx 0.03 0.07
CO 2.1 4.2
Nf .OG 0.055 0.09
PH 0.01 0.01
Smog-forming Pollution: 2.81 5.29
(pounds pvr year)
Greenh Gases Emitted! (,57 6.57
pons per year)
Other Information
Underhood label 10: 8FMXV02.0V7P 8l1YXV62.Ol1w5
Turbo J. Superclsarger: NONE NONE AND TURBO AND SUPCR - CAP2000
Engine, Oestriptot:
Valves per Cylinder: 4 4
Transmission Overdrive: COMPUTER CONTROLLED AUTO w /1 TOP GEAR IWA) I 1
Number.of Transmission Modes: 1 DISCRETE USER - SELECTABLE TRANS14ISSION MODE 1 DISCi2LTE 05T:R- SELECTABLE TRANSMISSION MODE
Variable Lock -up Point, COMPUTER CONTROLLED LOCKUP COMPUTER CONTROLLED LOCKUP
Dorlutching / Fr0ewlieeling> NO NO
Pdsss$ngar.V9lumo.: 93 97.9
(c&,h lae0
Luggage Volume : 14 54.2
(cutyc ree0
Prim i Close
�n Page 39 of 112
This Pale is Left Intentionally Blank.
Page 40 of 112
.a
Oak Park Heights €� :�
UDk
Request for Council Action:
Meeting Date March 25"', 2008
Time Required: 5 Minutes
Agenda Item. Title: City Hall Facility - Discuss /Set Worksession with the City I-Tall Citizen's
Advisory Committee
Agenda Placement Old Business
Originating Department /Requestor Mayor Beaudet
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):
It is anticipated at this time that the City Hall Citizen's Advisory Committee will offer final
recommendations to the City Council following its scheduled April 1 2008 meeting.
The City Council may desire to hold a Workscssion with the Committee to discuss these findings.
Page 41 of 112
This Page Is Left Intentionally Blank.
Page 42 of 112
Oak Park Heights
Request for Council Action
Meeting Date March 25"'. 2008
Time Required: 5 minutes
Agenda Item Title: STH 36 Frontaae Roads
Agenda Placement Old Business
Originating Dcpartrnent/Requesjor, :Eric Johnson, Citv Administrator
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)-
On Friday, March 21' 2008 1 received the enclosed information and DRAFT Agreement from
Mr. Nick Thompson regarding the possibility of frontage road overlay in exchange for City snow
and ice maintenance. There is also a short discussion about a Lookout Trail agreement.
I have enclosed a copy of the City's last communication to Mr. Thompson on this matter dated
1119107 and I believe this information is in response to same.
The Council should discuss the received information and provide Staff direction as to continued
negotiations or other actions.
(Please note: At this time Staff has not analyzed the received information in defiiil)
Page 43 of 112
City of Oak Park Heights
14168 Oak Park Blvd. N a Box 2007 Oak Park Heights, MN 55082 Plione k651) 439-4439 •Fax (651) 439-0574
November 9, 2007
Mr. Nick Thompson
MNDOT - East Metro Area Manager
Waters Edge Building
1500 West County Road B-2
Roseville, MN 55113
RE: STH 36 Frontage Roads
Dear Mr. Thompson:
Thank you for taking the time to consider possible options under which MNDOT would
implement a MILL AND OVERLAY of the frontage roads along Highway 36. As we are all
plainly aware, these roadways are in very poor condition and worsen each day.
At this time the City of Oak Park Heights may be willing to assume traditional
snowplowing duties of the south frontage road between Club Tara and Neal Ave., if
MNDOT will implement a 2008 MILL AND OVERLAY project of the south frontage road,
including the correction of shoulder areas and the north frontage road in 2009. We have
not conferred with the City of Stillwater as to the north frontage road relative to their
position but would prefer a response back from the Department assuming that Stillwater
may be amenable to a similar arrangement.
Oak Park Heights is not in a position to assume the balance of the maintenance items as
suggested in your proposed agreement nor will the City commit as part of this proposal
to the ultimate assumption of ownership or control and liability over the section of
frontage road that it would plow. The City would anticipate maintaining this
snowplowing commitment only until such time as the road again deteriorates to a similar
condition as is prevalent in today's condition or is reconstructed as part of a St. Croix
River Crossing Project.
We hope that the above c ompromise does provide the Department adequate incentive
.
to perform the needed repair of these roadways. Again, these roads are in a very poor
condition and d6rnon.dj(nmediate attention.
Efic j6hn on ----- CAS .�, il
City Administrator
Cc: Weekly;
Larry Hansen, City of Stillwater
Page 44 of 112
oF,��SN�SpTgy Minnesota Department of Transportation
A
a Metropolitan District
���OFTRP��gp Waters Edge - --
1500 West County Road B -2
Roseville MN 55113 -3174
March 20, 2008
Eric Johnson
City Administrator
Oak Park 1 leights
14168 Oak Park Blvd N
Box 2007
Oak Park Heights, . 55082
Dear Mr. Johnson:
Re: 60 "' Street North (South Hwy 36 Frontage Road) Agreement
Attached is a DRAFT Maintenance Agreement for the city's consideration. The city's
acceptance of the agreement: would allow for Mn /DO'1" to inill and overlay 60` Street in
2008 and the city would begin snow and ice maintenance next winter.
If the agreement is acceptable to the city, Mn /DO't would overlay the south frontage road
this year. The north frontage road could he overlayed next year, if the City of Stillwater is
agreeable to a similar maintenance agreement. MnDOT is also walling to overlay Lookout-
'Frail in 2009, if the city is willing to take over ownership and maintenance of the roadway.
Let me know how the city would like to proceed.
Sincere!,
Nick Thompson
East Area Manager
Minnesota Department of Transportation
Enclosure
cc:
Bev Farraher, ivin /DOT
Larry Hansen, City of Stillwater
Page 45 of 112
An equal opportunity employer
iw.
MINNESOTA DEPARTMENT OF TRANSPORTATION
MAINTENANCE AGREEMENT
PREPARED BY Mn /DOT
METRO DISTRICT AGREEMENT NO.
MAINTENANCE OPERATIONS xxxxx
AGREEMENT BETWEEN
THE STATE OF MINNESOTA, DEPARTMENT OF TRANSPORTATION,
AND
THE CITY OF OAK PARK HEIGHTS
FOR
Snow and Ice Maintenance of the South Frontage Road along Trunk Highway 36 located within and
adjacent to the city limits of Oak Park Heights upon the terms and conditions set forth in the Agreement.
THIS AGREEMENT is made and entered into by and between the State of Minnesota, Department of
Transportation, hereinafter referred to as the "State" and the City of Oak Park Heights, Minnesota, acting
by and through its City Council, hereinafter referred to as the "City',
Page 46 of 112
Mn /DOT Agreement No. XXXXX -
fi
r
WHEREAS, City has requested the State to improve the condition of 60 Street North (TH 36 south
frontage road); and
WHEREAS, State and City have a Cooperative Agreement #76528 -R defining maintenance
responsibilities along 60 Street North from 6ff' Street to Norell Avenue; and
WHEREAS, State and City are empowered to enter into agreements pursuant to Minnesota Statutes; and
WHEREAS, pursuant to Minnesota Statutes, the parties desire to enter into an agreement relating to the
maintenance of the TH 36 South Frontage Road upon the terms and conditions set forth in this
Agreement; and
NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS
I. DUTIES OF CITY
A. Upon State's completion of the mill and overlay on the TH 36 South Frontage Road (60 Street), City
will provide for snow and ice maintenance and minor bituminous patching of this roadway between
Norell Avenue and 0.25 miles east of Osgood Avenue (where the pavement currently ends), as
shown in Exhibit A which is hereby incorporated into this agreement.
B. City will provide routine maintenance on the roadway in Section 1, Paragraph A in accordance with
the standards and guidelines the City uses to routinely maintain its roadways.
C. City will furnish all labor, equipment, materials, supplies, tools, and other items necessary for the
maintenance activities provided by City under this Agreement.
11. DUTIES OF STATE
A. State will perform a 2" mill and overlay of the TH 36 South Frontage Road (60 Street) from
approximately 500 feet west of Oakgreen Avenue to 0.25 miles east of Osgood Avenue in 2008 at no =
cost to the City_ State will also place aggregate shouldering following the overlay to improve the
shoulders and drainage.
B. State is responsible for maintenance (other than snow and ice maintenance and minor bituminous
patching), including extraordinary maintenance, betterments, construction, or reconstruction on the
roadways described in Section 1, Paragraph A. If State desires City to perform any such work, the
parties must enter into a separate agreement therefore.
C. Extraordinary maintenance, betterments, construction, or reconstruction will include, but not be
limited to, overlay of roadway surface, milling and overlay of roadway surface, replacement of
roadway, major roadway structural repairs, and major roadway washout repairs.
111, CONSIDERATION
City agrees to perform, at no expense to State, the snow and ice maintenance and minor bituminous
patching duties herein in consideration of State's mill and overlay of the TH 36 South Frontage Road.
The State agrees to perform the mill and overlay and specified maintenance in consideration of the
City's performance of snow and ice maintenance and minor bituminous patching. The parties
acknowledge the receipt and sufficiency of such consideration.
IV. TERM OF AGREEMENT
This Agreement will be in effect until superseded by another agreement between State and City.
2
Page 47 of 112
Mn /DOT Agreement No. XXXXX L
r
t
V. AUTHORIZED REPRESENTATIVE
A. State's Authorized Representative for the purpose of administering this Agreement is Beverly
Farraher, Assistant [district Engineer - Maintenance, Minnesota Department of Transportation Metro
District, 1500 West County Road 82, Roseville, Minnesota 55113, (651) 234 -7901, or her successor.
B. City's Authorized Representative for the purpose of administering this Agreement is Eric Johnson,
City Administrator, City of Oak Park Heights, 14168 Oak Park Blvd N, (651) 439 -4439, or his
successor.
C. State's Authorized Representative will have final authority for acceptance of maintenance services
performed by City under this Agreement.
VI. ASSIGNMENT
A. No party will assign or transfer any rights or obligations under this Agreement, in whole or in part,
without prior written consent of the other. =
B, All contracts and agreements made by any party with additional parties for the performance of any work
to be done under this Agreement will be made in accordance with the terms of this Agreement and State
of Minnesota law.
C. This Agreement will not be construed as a relinquishment by State of any powers or control it may
have over the trunk highway right -of -way covered under this Agreement.
Vil. MERGERS/AMENDMENTS
This Agreement contains all negotiations and agreements between the State and City. No other
understanding regarding this agreement, whether written or oral, may be used to bind either party.
Any amendments to this Agreement must be in writing, and must be executed by the same parties
who executed the original Agreement, or their successors in office,
Vill, LIABILITY
A. The employees and agents of City will not be deemed to be employees of the State for any reason.
B. Each party will be solely responsible for its own acts and omissions, the acts and omissions of its
employees, and results thereof to the extent authorized by law. The parties will not be responsible for
the acts of any others and the results thereof.
C. Liability of State will be governed by the provisions of Minnesota Statutes Section 3.736 and other
applicable law, and the liability of City will be governed by Minnesota Statutes Chapter 466 and other
applicable law. This clause will not be construed to bar any legal remedies each party may have for
the other party's failure to fulfill its obligations pursuant to this Agreement.
D. Each party to this Agreement will defend at its sole cost and expense any action or proceeding
commenced for the purpose of asserting any claim of whatsoever character arising in connection with
or by virtue of performance of its own work as provided herein.
3
Page 48 of 112
Mn /DOT Agreement No. XXXXX
it
IX. WORKERS COMPENSATION
Each party will be solely responsible for its own employees for any workers compensation claims.
X. CIVIL_ RIGHTS
City must comply with the provisions of Minnesota Statutes Section 181.59, and any applicable local
ordinance relating to civil rights and discrimination.
XI. STATE AUDITS
The books, records, documents, and accounting procedures and practices of City, relevant to this
Agreement, will be subject to examination'by the Mn /DOT Auditor, the Legislative Auditor, or the
State Auditor, as appropriate, for no less than six years.
X[1. DATA PRACTICES
The State and City must comply with the Minnesota Government Data Practices Act, Minnesota
Statutes Chapter 13, as it applies to any information provided to or by a party to this agreement.
X111. AGREEMENT APPROVAL
Before this Agreement will become binding and effective, it must be executed by State and City
officers as provided by law.
4
Page 49 of 112
MnIDOT Agreement No. XXXXX x
z
IN TESTIMONY WHEREOF the parties have executed this Agreement through their duly authorized
officials:
DEPARTMENT OF TRANSPORTATION, CITY OF OAK PARK HEIGHTS
Recommended for approval:
By
David Beaudet, Mayor
By
Metro District
Assistant District Engineer - Maintenance Date
Approved
COMMISSIONER OF TRANSPORTATION,
8v
Eric Johnson, City Administrator
By
Metro District
Authorized Signature Date
Date
COMMISSIONER OF ADMINISTRATION,
By
Authorized Signature m
Date
S
Page 50 of 112
City of Oak Park Heights
RESOLUTION
IT IS RESOLVED that the City of Oak Park Heights enter into MnlDOT Agreement No. ? ? ? ?? with the
State of Minnesota, Department of Transportation for the following purposes:
Snow and Ice Maintenance of the South Frontage Road along Trunk Highway 36 located within and
adjacent to the city limits of Oak Park Heights upon the terms and conditions set forth in the Agreement.
IT IS FURTHER RESOLVED that the Mayor and the City Administrator are authorized to execute the
Agreement.
CERTIFICATION
State of Minnesota
County of Washington
I certify that the above Resolution is an accurate copy of the Resolution adopted by the City Council of
the City of Oak Park Heights at an authorized meeting held on the day of
2008, as shown by the minutes of the meeting in my possession.
Subscribed and sworn to before me this
day of , 2008
(Signature)
Notary Public
My Commission Expires (Type or Print Name)
(Title)
Page 51 of 112
This Page Is Left Intentionally Blank.
..
Page 52 of 112
Oak Park Heights
Request for Council Action
Meeting Date March 25"', 2008
Time Required: 5 Minutes
Agenda Item Title: 5502 Osgood Ave Prol)erty
Agenda Placement Old Business
Originating Department/Requestor/B0c J<&son, City Administrator
Requester's Signature
Action Requested Discussion', Possible Action
Background/Justification (Alease indicate if any previous action has been taken or if other public
bodies have advised):
I have enclosed three documents for review and discussion:
1. RFP — House Removal (action needed to authorize staff to finalize RFP and pursue
Proposers — see enclosed RFP for house removal)
2. RFB — House Demolition and Site Restoration (A general discussion as to timing
should the City not find a party that may desire to move the home.
Also, a short discussion should be held as to performing an asbestos investigation
$2,000.00) prior to any bidding for demolition, having this information available will
result in an easier bidding process for demolition)
3. Generalized values of infill lots. (Council requested some investigation as to possible
values of in-fill lots, this will be distributed at the 3125 meeting)
Page 53 of 112
' �iiYv -4
City of Oak Park Heights
14168 Oak Park Blvd. N • Box 2007 . Oak Park Heights, MN 55082 • Phone (05 1) 439 -4439 • Fax (651) 439 -0574
DATED: March 21, 2008
Request for Proposals
House Purchase and Removal — 5502 Osgood Ave
Summary & Project Scope:,
The City of Oak Park Heights (the 'City') is the owner of the property loc �d
Ave, (the 'Property') located in the City of Oak Park Heights, Washington County, inneso a. The
City is seeking proposals from persons who are interested in acquiring and moving the home that
now sits on the Property to a new site /location.
The portion of the house (non-basement/foundation) is approximately square feet and
initially constructed in 19 . Enclosed are various pictures, maps and other data that more
generally describe the house — See Exhibit A. The City does not provide any warranty, guaranty
or representation regarding the condition of the house — the City is providing this house in an "as-
is" condition. Proposers may schedule site visits with the City by contacting the City Administrator
at 651 - 439 -4439.
The awarded proposer would be required to remove the house that currently sits upon the block
foundation to either a permanent site or to a site where it may be stored for future final placement.
The proposer shall provide proof of ownership of the property where the home will be moved if it
is a final location or a copy of the agreement between the proposer and the owner of the property
where the home will be stored. In both circumstances, the proposer shall provide a letter from the
city or township in which the house is to be moved to that the final placement or the temporary
storage of the structure is permissible.
Other Requirements and Conditions:
• The proposer awarded the right to move the house shall be required to have a
$20,000.00 escrow /deposit with the city to secure performance of the contract.
• The awarded proposer shall have the home removed from the property within NINETY
(90) days of the City's notice of the award to be provided in written form. For each week the
project is not completed the City may retain $2,000,00.
• The awarded proposer shall perform all aspects of house lifting and removal in an
orderly, safe, clean and non disruptive fashion to the surrounding neighborhood and public
ways.
• The awarded proposer is responsible to secure all necessary permits from the City or
other public agencies. These may be related to access of public roads, remova Vterm i nation of
utilities, etc.
The awarded proposer shall indicate to the City within ten (10) days of the notice of
award to what trees or other obstacles must removed or will be required to be impacted by the
house mover so as to provide the City an opportunity to remove and preserve such obstacles.
The City does anticipate the possible removal of trees or branches so as to facilitate proper
access to the site. All removals and trimming are the responsibility of the proposer upon the
Page 54 of 112
prior written the consent of the City. Collateral damages to the City's property or trees not
identified may result the City withholding damages from the $20,000 deposit.
The awarded proposer is responsible for all damages to the Property.
• Upon the completion of the house removal, it is anticipated that the remaining property
will contain the foundation, exposed utilities, damaged lawn, and other characteristics that are
consistent with the awarded proposer's Removal Plan, awarded proposer is not required to
restore the site to a specified condition, as the City anticipates the full removal of the foundation
and general site grading to more fully restore the site to a clean, level condition. Should the
awarded proposer and/or house mover's actions not be consistent with the submitted Removal
Plan, as approved by the City or should unnecessary damages occur to the property as a result
of the awarded proposer or their contactors actions, the City may withhold damages from the
$20,000 deposit as well as seek other damages as may be allowed by law.
• Proposers may withdraw their proposal after the closing of the submission process, but
will forfeit their Bid Security.
The City will return to all non - winning proposers their submitted Securities upon the
award and finalization of an agreement between the City and the winning proposer. All
submitted proposals shall be effective for ninety days and the City shall have these ninety days
to award this project.
• The City reserves the right to reject any and all proposals and for any reason. The City is
not responsible for the costs associated with the preparation of any proposal submission or
subsequent costs incurred by any proposer.
Must provide the following attachments with the bid submission:
■ Payment for House as indicated on Proposal Form (Your PROPOSED Amount)— via
Certified Check.
■ Proposal Security - $2,000.00 — via Certified Check.
■ Satisfactory information regarding the firm retained to remove 1 move the house:
including their licensing information. (description of firm, history, ownership, references)
■ Submit a proposed Removal Plan of how the house mover will access the site and a
discussion of how the house will be lifted and removed from the property; include site
plans and generalized drawings.
■ A copy of the house mover's State Contractor's License and proof of liability insurance as
required by statute
These documents must be provided within 5 business days of the City's award:
■ Deposit of $20,000.00 -- Certified Check (these funds will be returned to the Proposer
upon the satisfactory completion of the house removal and site clean -up. For each week
the project is not completed beyond there final agreed upon date, the City will retain
$2,000.00.
■ Copy of the final contract between the proposer and firm to be retained to remove 1 move
the house.
■ Proof of ownership of the land where the house will be placed or a copy of the agreement
authorizing the temporary placement of the house.
■ Letter from community authorizing the placement of the house, either temporarily or
permanently.
FAIIaURE I(? PRE]VIDE THESE DOCUMENTS WITHIN 5 B.W NE DAYS OF TI1E CITYS
AWARD WILL RESULT III 'A DISQU FI I I IGATIQN f�ND THI CITY WI.L A S?�ARD. THE
PROPOSALr TO AN ALTERNATIVE IIIDDERA WILL.RESI7LT �N THE,�QREF)TING;OF
SUBIVIITIIa17PROPOSAL,S Q.7RITIES;
1'ROPOSAI,S MUST.BE RE+CIVED I3Y THE CITY IN ORGINIAL FORM AND TN'A SEALED
ENVELOPE. NOT'LATER THAIVN 2:00 PIbI ZOi $: PROPOSALS WTL I BE,
OPENED IIV MEDIATEL Y THEREAFTER: Page 55 of 112
PROPOSAL FORM
CITY OF OAK PARK HEIGHTS
REMOVAL OF HOUSE AT 5502 OSGOOD AVE.
SUMMARY: The City of Oak Park Heights (the `City') is the owner of the property located at 5502 Osgood Ave, (the
`Property')located in the City of Oak Park Ileights, Washington County, Minnesota. The City is seeking proposals from persons who
are interested in acquiring and moving the homc that naw sits on tilt Property to a new site /location. The awarded proposer would be
required to remove the house that currently sits upon the block foundalio:l to either a permanent site or to a site where it maybe stored
for future final placement. The proposer shall provide proof of ownership of the property where the home will be moved if it is a final
location or a copy of the agreement between the proposer and the owner of the property where the homc will be stored. In both
circumstances, the proposer shall provide a letter from the city or town ship that the final placement or the temporary storage is
permissible.
YOUR PROPOSED AMOUNT: $ .00 (Must be greater than
$100.00)
('Phis is the amount you are agreeing to pay to
the City for the right to access the site, remove
and retain the house.)
Namc of Proposer:
Nance of Firm / Company (if applicable)
Signature:
Date;
PROPOSALS MUST_tE RECIVED:13' THE .CITY IN ORGINIAL p'ORm ANI] ,IN A SEALED
ENVELOPk440T LATER THAN.2:OO I'M' , 20D8 PROFC)SALS WILL BE OPENED
IMMEDIATELY THEREAFTER;
ALL SUBMITTED °PROPOSALS SHALL REMAIN IN EFFECT FOWNINETY (0) DAYS:
{Must provide the following attachments with the bid submission:
■ Payment for House as indicated on Proposal Form (Your PROPOSED Amount)— via Certified Check.
■ Proposal Security - $2,000,00 — via Certified Check.
• Satisfactory information regarding the firm retained to remove 1 move the house: including their licensing
information. (description of firm, history, ownership, references)
• Submit a proposed Removal Plan of how the house mover will access the site and a discussion of how rite
house will be lifted and removed from the property; include site plans and generalized drawings.
• A copy of the house mover's State Contractor's License and proof of liability insurance as required by statute
These documents must be provided within 5 business days of the City's award:
■ Deposit of $20,000.00 — Certified Check (these funds will be returned to the Proposer upon the satisfactory
completion of the house removal and site clean -up. For each week the project is not completed beyond there
final agreed upon date, the City will retain $2,000.00.
• Copy of the final contract between the proposer and firm to be retained to remove I move the house.
• Proof of ownership of the land where the house will be placed or a copy of the agreement authorizing the
temporary placement of the house.
• Letter from community authorizing the placement of the house, either temporarily or permanently,
I AILU" To Pkovmt rHESG „150cUmFN7S WIT111IN 5`BUS)NI.SS DAYS3 ,tflf:.Cl'I'YS AWARE) Wf 1I. ESULT IN .A
DISQ>JALIk ICATiON'A ID 1'HE CITY:V11LI: AVs'ARD TII I' EtQPOSALTO -AN AI; TERI�rAflvE;RT13 ➢EIt ANC3.,i1rILL
It) SLIL.T IN TIi1 TQR); I- ITING- Or :SUBMITTED.:PRQI'saSAti SEC[IIt]TII S;,
Page 56 of 112
41111 INDUSTRIAL HYGIENE
YU SERVICES CORPORATION
" Ll '> j,>
Phone 651-766-9811 TIMOTHY P. HUBER J
Fax 651-766-9822 Principal Consultant/Owner
Direct 651 -287 -5375
CO 651-485-8046
Email itiube(@ hscorporation.com
4205 White Bear Parkway' Suite 500, Vad4s Heights, MN 55110
Page 57 of 112
This Page Is Left Intentionally Blank.
Page 58 of 112
Oak Park Heights
Request for Council Action
Meeting Date March 25` 2008
Time Required: 5 Minutes
Agenda Item Title: Rental Retaistration and Inspection Prosyram
Agenda Placement Old Business
Originating Department/R q Eric Johnson. City Administrator
Requester's Signature
Action Requested 1 Review Uvdate Purposes Only
i
Background /Justification (lease indicate if any previous action has been taken or if other public
bodies have advised):
At this time, Staff is seeking additional input on the various documents now consolidated, not
final adoption of the Ordinance. Staff anticipates requesting final adoption in late April.
Please see the enclosed updated documents:
• Memo from Jim Butler and Julie Hultman,
• Plan Summary,
• Proposed Ordinance based on the International Property Maintenance Code,
• Rental /License Forms
Staffs next anticipated steps are to solicit written commentary from known property owners
who rent these types of homes and to potentially incorporate such comments.
Page 59 of 112
City of Oak Park Heights
14168 Oak Park Blvd., Box 2007, Oak Park Heights, MN 55082
Phone (651) 439 -4439 - Fax (651) 439 -0574
www,cityofoakparkheights.c om
To: Eric Johnson, City Administrator
Julie Hultman, Planning
From: g & Code Enforcement Officer
Jim Butler, Building Official
DATE: March 21, 2008
RE: Rental Registration & Inspection Program
Attached please find the latest revisions of the following:
• Rental Registration & Inspection Program Plan
• Ordinance 312 as proposed
• Rental Registration & Inspection Program License Application & Application Inspection
Checklist
We have discussed the proposed program to some length at a City Council workshop in
January, 2008. It is the intention for the scope of the programs to focus on non - commercial
residential properties with 3 or less units. Jim and I have spent considerable time working on
these documents and the City Attorney has reviewed the plan and ordinance language as
well.
It is our hope to implement the plan sometime early this summer. As such, we will be forwarding
this information to local rental/ management agencies for their review and comment. At this
time, we respectfully request that the City Council review the information and provide
feedback as to them and the program in general.
Page 60 of 112
a 1
.
City of Oak Park Heights
14168 Oak Park Blvd., Box 2007, Oak Park Heights, MN 55082
Phone (651) 439 -4439 - Fax (651) 439 -0574
www.cityofoakparkheights.com
RENTAL REGISTRATION & INSPECTION PROGRAM PLAN
Purpose: To ensure that rental housing units and conditions safeguard and
promote the health, safety and welfare for all of its occupants and
the Oak Park Heights community.
Scope: The scope of this program is subject to change and is currently
applied to rental housing units of three or less separate living units,
situated within a single residential dwelling structure. This program
includes rental property managed privately by the property owner
and rental property managed professionally by an agent
contracted by the property owner or its assignees. It is the
responsibility of the property owner to register the rental property
and ensure that the criteria of the program are complied with.
Registration:
Registration forms are available at Oak Park Heights City Hall Administration
Offices and may also found on the City's website. Completed forms may be
returned to City Hall, Attention Planning & Code Enforcement via U.S. Mail or
personal delivery during normal business hours of 8:00 a.m, and 4:30 p.m.,
Monday through Friday.
Reaistration Fee Schedule:
• Initial registration fee shall be one - hundred dollars ($100) per unit. The
initial registration fee shall cover the expenses associated with registration
and the inspection to the unit(s).
• After the initial registration and inspection, renewal periods shall be
annual and run from June 30 to June 30 of each year.
• The annual registration renewal fee shall be fifty dollars ($50) per unit.
Registration renewal forms shall be provided to all registered
owners /agents prior to the registered year ending. Registration renewal
must be made prior to current license expiration.
Page 61 of 112
Any property owner failing to register a rental unit shall not permit or cause to be
permitted any rental of the unregistered unit to any person(s) for occupancy.
Failure to register shall be considered a violation of the City of Oak Park Heights
Ordinance and will be subject to an administration citation and fine until such
time the unit is properly registered or verified as vacated, as follows:
• First Citation: $50.00 administrative fee. Rental unit registration to be
completed within fifteen (15) days of citation date.
• Second Citation: $100.00 administrative fee. Rental unit registration to
be completed within fifteen (15) days of citation
date.
• Misdemeanor Citation: Upon failure to comply by the date of
expiration established by the issued date of a second citation, failure to
register rental housing property will be considered and treated as a
misdemeanor violation and processed accordingly.
Inspection:
Initially, each rental housing unit shall be inspected upon submission of
registration application, with inspections to commence every two years, or when
a written complaint is filed with the Building Official or Planning & Code
Enforcement Officer.
Inspections shall be performed by the City Building Official, or other appropriate
city employee(s) or other professional agent as contracted by the City of Oak
Park Heights, hereinafter referred to as the Compliance Official.
Inspection Fees:
initial Inspection Included with Registration Fee
Subsequent & Bi- annual Inspection $50.00 per unit
Re- inspection (If needed):
First Re- inspection No Charge
Subsequent Re- inspections $60.00 per inspection visit
Inspection Scheduling:
An inspection checklist is made part of the registration application and shall be
used by the applicant in readying the unit for registration. Initial inspection shall
be scheduled at time of registration application is submitted, to occur within a
time period of no less than 30 days of the submission date.
Inspections shall be scheduled with the property owner or authorized agent. The
property owner or authorized agent shall be responsible for providing notice of
the inspection to the tenant, when applicable. The owner or authorized agent
shall be in attendance at the unit for the inspection unless other approved
arrangements are made.
Page 62 of 112
If the owner or authorized agent fails to appear for a scheduled inspection, an
administrative fee of fifty ($50) shall be charged. Payment of the administrative
fee is the responsibility of the owner, whether he /she /they or the authorized
agent failed to appear for the inspection schedule. The administrative fee must
be paid prior to re- scheduling the inspection. Failure to appear for a
subsequently scheduled inspection shall result in the matter being forwarded to
the City Attorney for legal action advisement.
If the inspection finds the rental unit in compliance with the requirements of the
International Property Maintenance Code adopted by the City of Oak Park
Heights and known as the City of Oak Park Heights Residential Housing
Maintenance Standards, the unit will be issued a Certificate of Compliance and
may be occupied by a rental party.
If the inspection finds that the unit does not meet the minimum requirements of
the Code, the Compliance Official shall issue a Violation Notice /Correction
Order to the owner or authorized agent present at the time of the inspection.
The notice shall:
(a) Be in written form;
(b) Include a description of the real estate sufficient for identification;
(c) Describe the location and nature of violation requiring correction;
(d) Establish a reasonable period of time for the remedy /correction of the
violation;
(e) Contain an outline of remedial action that, if taken will effect the
compliance with the provisions of City Ordinance 312; and
(f) Be served on the owner or authorized agent and copied to the tenant at
the property address.
The rental unit shall be re- inspected upon notice of completion from the owner
or authorized agent or upon the expiration date established for compliance,
whichever occurs first.
If the violations/corrections are not addressed within the time period established
by the written notice, or within an alternate period of time approved by the
Compliance Official, the administrative citation process time period has been
exhausted, and an appeal is not in process, the Compliance Official shall issue a
notice to the owner or authorized agent informing them that legal proceedings
for immediate correction of the violations is to be initiated.
If the violation(s) are a threat to public /tenant safety, the notice shall also
include an Order to have the affected unit(s) vacated immediately. Failure to
vacate a unit as directed will result in the matter being turned over to legal
counsel.
Page 63 of 112
Appeals: Any person(s) aggrieved by a notice issued in connection with any
violation of the Residential Rental Housing Standards, may submit an appeal as
outlined in section of 401.04.E. "Appeals" of City Ordinance 401.
Questions: All questions regarding this program, its requirements and its
enforcement are welcome.
Jim Butler Julie Hultman
Building Official Planning & Code Enforcement Officer
Direct Dial: 651.275.9590 Direct Dial: 651.351.1661
E: jbutler @cityofoakparkheights.com E: jhultman @cityofoakparkheights.com
Page 64 of 112
City of Oak Park Heights
14168 Oak Park Blvd., Box 2007, Oak Park Heights, MN 55082
Phone (651) 439 -4439 - Fax (651) 439 -0574
www.cityofoakparkheights.com
Rental Registration & Inspection Program
License Application
` `; RENTAL UNIT ADDRESS &PROPERTY TAX 1DENTlFlCATION NiJ11llBER
Address(es):
Property Tax I.D.'s
(P1D,PIN, GEO Code)
1
PR4P�RTY C31NN> R IN Q MATION
Name: Date of Birth: Phone No: Fax No:
E -mail:
Address: City: State: Zip:
1
4 AGEN�`IC�?�VTA�7' PERSON )N�C�RM�T�U`fV k
Agent Name: Date of Birth: Phone No: Fax No:
Business Name: E -mail:
Address: City: State: Zip:
Paqe 55 of 112
E.EI± SG;NI;DtIC
PLEASE INCLUDE THE APPLICABLE FEE WITH YOUR LICENSE APPLICATION
Registration l=ee Annual Inspection Pee
Per Unit: Initial Registration $100.00 Per Unit: Initial Inspection No Charge
Annual Renewal $ 50.00 Subsequent & Bi- annual
Inspections $50.00
Re- inspection (if needed):
First Re- inspection No Charge
Subsequent Re- inspections $60.00 per inspection visit
Annual renewal required
Unit inspection required every 2 -years or upon receipt of formal complaint necessitating an inspection
`f r RI�1�TAi U�pT INFU�NI�T1�7A�.
Please provide us with additional information about the unit(s) you plan to rent:
Dwelling Type: Single Family Two Family Multiple Family
N of Units Within Dwelling:
Number of Unit Types: Efficiency_ 1 BR 213R 3+13R
Rent levels: Efficiency: $ - $
1 BR: $ -$
2BR: $ - $
3 +13R: $ - $
Do you currently accept Section 8 rental assistance vouchers? _ Yes No
NOTE: This information will be only used by City staff for tracking the status of rental housing units within the City
and will not be sold or released to the public without your consent.
Check here if you would like us to forward your contact information to individuals who contact the City
looking for rental housing:
looking for rental housing:
Page 66 of 112
The undersigned, by their signature below, hereby applies for a rental dwelling license, acknowledges receipt
of a copy of City Ordinance 312, acknowledges the provisions of the Oak Park Heights Residential Rental
Housing Maintenance Standards, and attests that the subject premises will be operated and maintained
according to the requirements set forth therein, subject to applicable sanctions and penalties.
The undersigned further agrees that the subject premises may be inspected by the Building Official, or other
appropriate City employee(s) or other City contracted professional agent as contracted by the City of Oak
Park Heights. The undersigned hereby certifies that the above information is true and correct to the best of
their knowledge.
Applicant Signature Date
In Case of Emergency, Call
An inspection of your rental property is required before the license can be issued. Upon receipt of your
application, City Staff will contact you to schedule an initial inspection of your rental unit(s). Inspections are
scheduled Monday through Friday between 9:00 AM and 3:30 PM.
If you have any questions about the City of Oak Park Heights rental licensing and inspection program, please
contact either:
Jim Butler, Building Official Julie Hultman, Planning &Code Enforcement Officer
Direct Dial: 651.275.9590 Direct Dial: 651.351.1661
Email: jbutier @cityofoakparkheights.com Email: jhultman @cityofoakparkheights.com
For City Use Only
v APPLICATION (NEOip,QN
? 5
{ I J \
Date Received: Zoning: Date of City Council Approval:
1 1
Inspection Date: License No.
Re- Inspection Date (If needed): Date of License Issue: i
Page 67 of 112
Rental Registration & Inspection Checklist
The following is a checklist of items that will be inspected during the rental registration /license inspection
Electrical Are all outlet and light - switch covers on? Are there wires or open sockets
exposed on wall or ceiling lights?
Security Locks on ground floor windows? Key type deadbolts are prohibited,
Window /Door Is there cracked glass? All window and door hardware installed and
operational? Is there tempered glass where it is required?
Ceiling In good condition? Water damage? it
Wall Large holes? Large cracks and chipping? Mold? Water damage?
Floor Flooring --- large holes, cracks? Tripping hazards?
Stove /Range /Oven Are all burners and oven elements operable? Are there shut -off valves within
3 -feet of the appliance?
Refrigerator Operational? Tight Seal?
Sink /Wash Basin is the sink area water tight and a washable surface? (Check bathrooms, mud
rooms, and kitchens) Is there hot and cold water?
Food Storage /Preparation Is the kitchen sanitary (no accumulation of garbage)?
Flush Toilet Is toilet properly secured to the floor? Is the bathroom in a sanitary condition?
Does the toilet flush correctly?
Tub /Shower Is there a washable watertight surface all around the shower, bathtub, floor,
and toilet? Does the tub /shower have temperature control valves?
Ventilation Does the bathroom have a working fan if there is no window?
Stairs, Decks & Porches Is all carpeting on the stairways secure? All stairways must have a secure
handrail. All decks and porches must have guards, be in good condition,
absent of any rotted materials.
Smoke Detector A working smoke deflector is required on every floor and in every sleeping
room.
Carbon Monoxide A working carbon monoxide detector is required on every sleeping room floor
Detector and near major gas burning appliances (ie. water heater, furnace). Should be
placed at least 5' from fuel gas appliances and near ceiling for optimal
detection or other specs as noted per individual manufacturer product.
Water Heater Is there a drip leg off the relief valve (not less than 6 inches or more than 18
inches off the floor)? Is drip leg or wafter heater leaking? Is water heater rusted
around the bottom?
Furnace and Air Are they operational? Combustion air intake operational? Furnace vented
Conditioning properly?
Chipped, peeling paint on siding and trim? Cement sidewalks and steps in
Building Exterior good condition? Decks in good condition? Roof - missing or deteriorated
shingles? Garage doors in good condition?
Handicapped If required for building - Are parking areas maintained, access clear to
Parking /Access building entrance? Page 68 of 112 I
NOTE": A permit and installation by a licensed contractor is required for the following work on a rental
property: all remodeling, plumbing, roofing, replacement of: windows, doors, furnaces, and
water heaters. It is always best to check if a permit is required before doing any work.
Questions? Please Contact:
Jim Butler
Building Official
Phone: 651 -275 -9590
Email: jbutler @cityofoakparkheights.com
Julie Hultman
Planning & Code Enforcement Officer
Phone: 65 -351 -1661
Email: jhultman @cityofoakparkheights.com
Page 69 of 112
312
CITY OF OAK PARK HEIGHTS
WASHINGTON COUN'T'Y MINNESOTA
AN ORDINANCE ADOPTING THE INTERNATONAL PROPER'T'Y
MAINTENANCE CODE {IPMQ AS THE MINIMUM RESIDENTIAL HOUSING
STANDARDS FOR RENTAL HOUSING DWELLING UNITS
AND THE RESIDEINTIAL HOUSING AND INSPECTION PROGRAM
AND
FURTHER PROVIDING FOR THE ISSUANCE OF RENTAL REGISTRATION
LICENSES AND COLLECTION OF FEES RELATED THERE'T'O
THE CITY COUNCII., OF THE CITY OF OAK PARK HEIGHTS, WASHINGTON
COUNTY, MINNESOTA DOES ORDAIN:
312.01 General Provisions, This Section shall be known as the Oak Park Heights
Residential Rental housing Maintenance Standards section and hereinafter
shall be referred to as "this Section."
A. Scope All provisions of this Section shall apply to all residential
rental properties and structures, occupied or unoccupied, within the
City, and shall constitute the minimum standards for safe and
sanitary occupancy and maintenance thereof.
B. Purpose. The purpose of this Section is to maintain the City's
sanitation, public health, safety, morals, and general welfare and
attractiveness, by legislation which shall be systematically
enforced upon all residential rental property to avoid excessive or
disproportionate expenditures of public funds for public health and
safety, crime prevention, fire protection, and other public services.
The City Council finds that the following objectives are important
in achieving the goal of maintaining a safe and healthy community:
1, To protect the character and stability of residential areas
within the City;
2. To correct and prevent conditions that adversely affect or
are likely to adversely affect the life, safety, general
welfare, and health, including the physical, mental and
social well being, of persons renting residential housing
within the City;
3. To provide for sound standards and maintenance of
cooking, heating, plumbing, sanitary, light, and ventilation
systems necessary for health and safety;
Page 70 of 112
4. To prevent, to the extent reasonably possible, the
overcrowding of dwellings by providing minimum space
standards per occupant for each dwelling unit;
S. `I provide basic standards for the maintenance of existing
residential rental structures and to prevent deterioration and
blight;
G. To preserve the value of land and structures throughout the
City.
Except as otherwise specifically provided by the terms contained in this
Section, it is not the intention of this ordinance to interfere with the eights of
landlord and tenant to enter into fair and accepted contractual relationships.
In the case of a dispute, the City will not intervene as an advocate of either
party, act as arbiter, or be receptive to complaints from landlord or tenant
which is not clearly relevant to the provisions of this Section.
312.02 Definitions. For the purposes of this Section, the following definitions
shall apply. Whenever the words "dwelling ", "dwelling unit ", "rental
unit ", "premises " , "building" or "structure" are used ill this Section, they
shall be construed as though they were followed by the words "or any part
thereof."
Accessory Structure: A structure subordinate to the main or principal building which
is not used or authorized to be used for living or sleeping by human occupants and which is
located on the premises.
Approved: Approved as to construction, installation, and maintenance in accordance with
applicable statutes of the State and the provisions of the City ordinances.
Basement: That portion of a building between floor and ceiling, which is partly below
grade but so located that the vertical distance from grade to floor below, is more than the
vertical distance from grade to ceiling.
Bath: Bath shall mean a bathtub or shower stall.
Bedroom: A habitable room within a dwelling unit which is used or intended to be used
primarily for the purpose of sleeping, but shall not include any kitchen or dining area.
Building: Any structure built for the support, shelter or enclosure of persons, animals,
chattel or movable property of any kind, and include any structure. When a private garage or
other structure is attached to a dwelling, it shall be considered as part of the building in which
the dwelling relit is located.
Page 71 of 112
Building Official: The Building Official or his assignee for the City of Oak Park 1-leights,
Washington County, Minnesota.
City: City of Oak Park Heights, Washington County, Minnesota.
City Council /Council: The City Council of the City of Oak Park Heights, Washington
County, Minnesota.
Clean: The absence of rubbish, garbage, vermin, and other unsightly, offensive, or
extraneous platter.
Common Interest Facility: A residential development including one or more buildings in
which individual units are intended to be separately owned and interior and exterior common
areas are owned and controlled by an association comprised of the owners.
Compliance Officer: The Building Official, Planning and Code Enforcement Officer, other
appropriate qualified City employee or City contracted professional.
Dwelling: Any building that contains one or more dwelling units used, intended, or
designed to be built, used, rented, leased, let or hired out to be occupied for living purposes.
Dwelling Unit: A single unit providing complete independent living; facilities for one
or more persons, including permanent provisions for living, sleeping, eating, cooking, and
sanitation.
Easily Cleanable: Readily accessible and of such n - iaterial and finish and so fabricated
and placed that residue which may accumulate can be completely removed by normal
cleaning methods.
Egress Window: All sleeping rooms shall be provided with emergency egress windows
complying with the State Building Code.
Emergency Egress Window: Sleeping rooms in basements shall be provided with
egress windows confirming to State Building Code. Sleeping rooms in rental dwellings shall
also comply.
Exit: A continuous and unobstructed means of egress to a public or private way and shall
include intervening doors, doorways, corridors, ramps, stairways, smoke proof enclosures,
horizontal exits, exit passageways, exit courts and yards.
Family: (a) An individual, or a group of persons related by blood, marriage, or
adoption, including foster children, living together as a single housekeeping unit; (b)
Residents of a State licensed community residential facility as defined and authorized by
State law; (c) A group of not more than ten persons who need not be related by blood,
marriage, or adoption, living together as a single housekeeping unit.
Page 72 of 112
Functioning: In such physical condition as to safely perform the service or services for
which an itcm is designed or intended.
Garbage: Includes all putreseent animal, vegetable, or other natter that attends the
preparation, consumption, display, dealing in or storage of meat, fish, fowl, birds, fruit or
vegetables, including the cads, containers or wrappers wasted along with such materials.
Habitable Building: Any building or part thereof that meets minimum standards for use as
a dwelling or place of abode by one or more persons.
Habitable Room: A room or enclosed floor space used or intended to be used for living,
sleeping, cooking or eating purposes; excluding bathrooms, water closet compartments,
laundries, furnace rooms, pantries, utility rooms, foyers, communicating corridors, stairways,
closets, storage spaces, workshops, hobby and recreation areas.
Heated Water: Water heated to a temperature of not less than 120 degrees Fahrenheit,
or such lesser temperature as may be required from time to time by governmental authority,
measured at faucet outlet.
Infestation: The presence within or around a dwelling of any insect, rodent, or other pests.
IBC: International Building Code, with Minnesota State amendments as adopted by the
City of Oak Park Heights, Washington County, Minnesota
IPMC:International Property Maintenance Code, with any Minnesota State Amendments, as
adopted by the City of Oak Park Heights, Washington County, Minnesota.
IRC: International Residential Code, with Minnesota State amendments as adopted by the
City of Oak Park Heights, Washington County, Minnesota
Kitchen: A habitable room intended to be used for the cooking of food or the
preparation of meals, which includes a sink with adequate water, counter working space, and
adequate space for refrigeration equipment.
Maintenance:'Fo keep in a good state of repair; to preserve from deterioration.
Multiple Family Dwelling: A building or portion thereof used for occupancy by three or
more families living independently of each other with separate kitchen and bathroom
facilities.
Noncombustible: Any material or combination of materials which will not ignite or
support combustion during a 5 minute exposure (refer to State Building and Fire Codes).
NFPA:National Fire Protection Association.
Occupancy: The purpose for which a building, or part thereof, is used or intended to be
used.
Page 73 of 112
Occupant: Any person residing in a structure, building, dwelling, dwelling unit, rooming
unit, or premises, or any part thereof.
Operator: The owners or their agents who have charge, care, control, or management of
a building or part thereof.
Owner: Any person, group, partnership, corporation, or other entity, alone, jointly or
severally with others, who shall be in actual possession of, or have charge, care or control of,
any building or a portion thereof within the City as owner, employee or agent of the owner,
or as trustee or guardian of the estate or person of the title holder. Any such person
representing the actual owner shall be bound to comply with the provisions of this Section to
the same extent as the owner.
Permissible Occupant Load: The maximum number of individuals permitted to
occupy a building or space within a building.
Person: An individual, farm, partnership, association, corporation, or joint venture or
organization of any kind.
Pests: Rodents, insects at any stage of development, and other destructive or offensive
vermin including, but not limited to, rats, mice, flies, roaches, and fleas.
Planning and Code Enforcement Officer: The Planning and Code Enforcement Officer or
his assignee for the City of Oak Park 1- leights, Washington County, Minnesota.
Plumbing: All of the following supplied facilities and equipment in a building: gas pipes,
gas burning equipment, water pipes, steam pipes, garbage disposal units, waste pipes, water
closets, sinks, installed dishwashers, lavatories, bathtubs, shower baths, installed clothes
washing machines, catch basins, drains, vents, and any other similar fixtures and the
installation thereof, together with all connections to water, sewer, and gas lines.
Prohibited Conduct: For the purposes of this Section, the term "prohibited conduct" shall
include, but not be limited to any one or more of the following: (a) acts of prostitution or
prostitution related offenses; (b) acts of gambling or gambling related offenses; (c) acts of
disorderly conduct or assault; (d) unlawful sale or possession of controlled substances; (e)
unlawful sales of alcoholic beverages; (f) unlawful use, sale, or possession of a firearm; (g)
violation of any City Code provisions relating to noise, including animal noise; (h) the
keeping or harboring of a dangerous or potentially dangerous animal in violation of State or
local laws and ordinances; (i) violation of any laws relating to contributing to the need for
protection or services or delinquency of a minor as defined in Minnesota Statutes.
Public or Common Areas: Those portions of a building and its premises that are open to
the public and /or shared by residents and occupants and which are owned and controlled by a
single person or an association of owners.
Page 74 of 112
Refuse: All solid waste products or those having the character of solids rather than
liquids in that they will not flow readily without additional liquid and which are composed
wholly or partly of such materials as garbage, swill, sweepings, cleanings, trash, rubbish,
litter, industrial solid wastes or domestic solid wastes, organic wastes or residue of animals
sold as meat, fruit or other vegetable or animal matter from kitchen, dining room, market,
food establishment or any place dealing in or handling meat, fowl, fruit, grain or vegetables;
offal, animal excreta, or the carcass of animals; trees or shrub trimmings, or other waste
matter resulting fronrr the demolition, alteration or construction of buildings or structures,
accumulated waste materials, cans, containers, junk vehicles, ashes, tires, junk or other such
substance which may become a nuisance.
Rental Dwelling or Rental Dwelling Unit: A dwelling or dwelling unit let for rent or lease.
Rental Facility: A residential building or development containing one or more units
where the building and /or units are intended to be rented or let to tenants even if the owner
occupies one or more of the units. "Rental facility" shall also include a mobile home or
similar development where the mobile homes are individually owned and the home site and
surrounding premises are leased to the mobile home owner.
Repair: To restore to a sound and acceptable state of operation, serviceability, or
appearance in the determination of the City Building Official and /or Compliance Official.
Residential Building: A structure containing a dwelling or up to three dwelling units.
Rodent Harborage: Any place where rodents live, nest or seek shelter.
Rooming Unit: Any room or group of rooms forming a single unit used or intended to
be used for living and sleeping, but not for cooking and eating purposes.
Rubbish: All solid waste consisting of both combustible and noncombustible waste
including, but not limited to, paper, cardboard, tin cans, grass and shrubbery clippings, wood,
glass, brick, plaster, bedding, crockery, and similar materials.
Safety: The condition of being reasonably free from danger and hazards which may
cause injury or disease.
Sewer System: A functioning sewer connection free from defects, leaks or
obstructions with sufficient capacity to drain all fixtures or appliances which feed into it.
ne sewer system, be it municipal or private, must be capable of disposing of sewage in a
safe, sanitary, and adequate manner.
Single- Family Dwelling: A residential structure containing one dwelling unit.
State Building Code: International Residential Code for one (1) and two (2) family
buildings and International Building Code for multi- family buildings, with Minnesota State
amendments as adopted by the City of Oak Park Heights, Washington County, Minnesota.
Page 75 of 112
Structure: That which is built or constructed, an edifice or building of any kind, or any
piece of work artificially built up or composed of parts joined together in some definite
manner.
Substandard Dwelling: Any dwelling that does not conform to the minimum standards
established by State or local laws and ordinances.
Two - Family Dwelling: A residential structure containing two dwelling units having a
single wall in common.
Unit: See Dwelling Unit.
Unsafe: As applied to a structure, a condition or combination of conditions which is
dangerous or hazardous to persons or property.
Unsanitary: As applied to a structure, conditions which are dangerous or hazardous to the
health of persons.
Water Closet: An enclosed room with a toilet, with a bowl and trap made in one piece,
which is connected to an approved water supply and sewer system.
Water Supply: A functioning plumbing connection free from defects, leaks or
obstructions providing a potable, controllable flow of water.
312,03 Occupancv. No person shall occupy or permit another person to occupy
any residential or non - residential structure, building, or premises, or any part
thereof, unless the structure, building, or premises is clean, sanitary,
conducive to a safe and healthy environment, and in compliance with all
applicable Federal, State, and local laws and ordinances.
312.04. Administration
A. The Compliance Official shall administer and enforce the provisions of
this Section and is hereby authorized to cause inspections on a scheduled
basis or when reason exists to believe that a violation of this Section has
been or is being committed.
B. When a Compliance Official determines a violation has occurred, the
Compliance Official's written evaluation of the deficiencies shall be
considered prima facie evidence in any subsequent litigation of a
violation under this Section.
Page 76 of 112
C. If any owner, occupant, authorized agent, or other person in charge of a
rental dwelling unit fails or refuses to permit free access and entry to the
structure of premises under that person's control for an inspection
pursuant to this Section, the Compliance Official may seek a court order
authorizing such an inspection.
312.05 General Rc�4ulations
A. Responsibility of Owners. The owner of a rental dwelling shall be
responsible for the maintenance of that structure and for meeting; the
provisions of this Section. 'T'hose responsibilities may not be
abrogated by a private agreement.
B. Removal of Basic Eauinment or Facilities. No owner, operator, or
occupant shall cause any facility or equipment which is required under
this Section to be removed from or shut off from any occupied
building or dwelling unit except for such temporary interruptions as
may be necessary while such repairs or alterations are in progress, or
during temporary emergencies.
332.06 Minimum Standards for Services and Utilities
A. Permissible Occunancy. Except for families as defined herein, the
number of occupants of a rental dwelling unit shall not exceed two
times the number of bedrooms in the dwelling unit.
B. Plumbing. All plumbing in every dwelling unlit shall be properly
installed and maintained in a sanitary, safe, and functioning condition
and shall be connected to an approved sanitary sewer system.
C. 'T'oilet Facilities. Within every dwelling unit there shall be a non -
habitable room that is equipped with a flush water closet in good
working condition. In rental dwelling units, such room shall have an
entrance door that affords privacy, unless the facilities are accessed
only through a bedroom that does have such an entrance door. Such
flush water closet shall be equipped with easily cleanable surfaces,
shall be properly connected to an approved water system that at all
times provides an adequate amount of running water under pressure to
cause the water closet to be operated properly, and shall be connected
to an approved sanitary sewer system.
D. Lavatory Sink. Within every dwelling unit there shall be a lavatory
sink. Such lavatory sink may be in the same room as the flush water
closet or, if located in another room, the lavatory sink shall be located
in close proximity to the door leading directly into the room in which
Page 77 of 112
the flush water closet is located. The lavatory sink shall be in good
working condition and shall be properly connected to an approved
water supply system and shall provide at all times an adequate amount
of heated and unheated running water under pressure, and shall be
connected to an approved sanitary sewer system.
L. Bathtub or Shower. Within every dwelling unit there shall be a non -
habitable room, which is equipped with a bathtub or shower in good
working condition. In a rental dwelling unit, such room shall have an
entrance door that affords privacy, unless the facilities are accessed
only through a bedroom that does have such an entrance door. Such
bathtub or shower may be in the same room as the flush water closet,
or in another room, and shall be properly connected to an approved
water supply system and shall provide at all times an adequate amount
of heated and unheated water under pressure, and shall be connected to
an approved sanitary sewer system.
I," Bedrooms. All new habitable rooms used for sleeping must be
provided with an emergency escape /rescue window opening which
must meet the following requirements: (a) the window shall have a
net clear area of 5.7 square feet; (b) the minimum net clear opening
dimensions shall be 20 inches horizontally and 24 inches vertically;
and (c) the sill shall be not more than 44 inches above the floor; (d)
opening shall be operational from the inside of the room without the
use of keys, tools or special knowledge.
G. Access through Bedrooms and Bathrooms. No dwelling unit
containing two or more bedrooms shall have a room arrangement such
that access to a bathroom or water closet compartment intended for use
by occupants of more than one bedroom can be gained only by going
through one bedroom, nor shall the room arrangement be such that
access to a bedroom can be gained only by going through another
bedroom. A bathroom or water closet compartment shall not be used
as the only passage way to any habitable room, hall, basement or cellar
or to the exterior of the dwelling unit.
H. I- leatin. All structures shall have heating facilities which are properly
installed and which are maintained in safe and good working condition
and which are capable of safely maintaining a minimum indoor
temperature of 68 degrees Fahrenheit at an outside temperature of 20
degrees below zero Fahrenheit, with said heating measurement being
taken at 36 inches above the floor near the center of the room and 24
inches inward from the center of each exterior wall, in all habitable
rooms, bathrooms, and water closet compartments in every dwelling
unit located therein. Gas or electric appliances designed primarily for
Page 78 of 112
cooking; or water heating; purposes shall not be considered as heating
facilities within the meaning of this Section.
Portable heating equipment employing flame and the use of liquid fuel
does not meet the requirements of this Section and is prohibited. No
owner or occupant shall install, operate or use a heater employing a
flame that is not vented outside the structure.
Every fuel burning; heater shall be properly vented to a chimney or
duct leading to outdoor space. Every fuel- burning heater shall have a
fire resistant panel beneath it.
Every heater located within 3 feet of a wall shall be installed as per
manufacturer specifications and product standards. livery heater
smoke pipe shall be equipped with guards properly constructed of non -
flammable material at the point where the pipe goes through a wall,
ceiling, or partition and maintain property clearances.
Whenever the occupant lacks direct control over the supplied heat to a
dwelling unit or rooming unit, it shall be the responsibility of the
owner to maintain minimum heating standards as set forth in this
ordinance.
When facilities for interior climate control (heating, cooling and for
humidity control) are integral functions of structures containing
dwelling units or rooming units, it shall be the responsibility of the
owner that such facilities are maintained and operated in a continuous
manner and in accordance with the designed capacity of the installed
equipment. During instances when the integral equipment is
inoperative because of power or mechanical failure, alternative
provisions for tempered fresh air ventilation of each dwelling or
rooming unit shall be the responsibility of the owner.
1. Water Heating. Every dwelling shall have water heating facilities
which are installed in an approved manner, are maintained and
operated in safe and good working condition, are properly connected
with the hot water lines, and are capable of allowing; heated water to be
drawn at every required fixture at a minimum temperature of 120
degrees Fahrenheit.
�. Electrical. Every dwelling unit and all public and common areas shall
be supplied with electric service, functioning over current protection
devices, electric outlets, and electric fixtures which are properly
installed, which are maintained in safe and good working; condition in
compliance with the edition of the Electric Code adopted by the State
of Minnesota, in effect as of the date of construction or improvements
Page 79 of 112
thereto, and which are connected to a source of electric power in a
manner prescribed by State and local laws, ordinances, rules and
regulations.
K. Ceiling flei�, In order to qualify as Habitable, rooms shall have a
clear ceiling height of not less than seven feet except that in attics or
top half stories used for sleeping, study, or similar activities, the
ceiling height shall not be less than seven feet over at least one half of
the floor area. In calculating the floor area of such rooms and attics or
top half stories, only those portions of the floor area of the room
having a clear ceiling height of five feet or more shall be included.
L. Light and Ventilation. No person shall occupy or permit another
person to occupy, any dwelling or dwelling unit which does not
comply with the following requirements;
I . Habitable Room Lip-ht and Ventilation. Except where there is
supplied some other device affording adequate ventilation and
approved by the Compliance Official, every habitable room
shall have at least one window facing directly outdoors which
can be opened easily. The minimum total of openable window
area in every habitable room shall be per State Building Code.
2. Non - habitable Room Ventilation. Every bathroom and water
closet compartment and every laundry and utility room shall
contain at least 50 percent of the ventilation required for
habitable rooms contained in paragraph (a) above, except that
no windows shall be required if such rooms are equipped with
ventilation system which is approved by the Building Official.
3. Public Corridor and Stairwav Light. Every public corridor and
stairway in every common interest or rental facility shall be
adequately lighted by natural or electric light at all times at one
foot- candle at floor level, so as to provide effective
illumination in all parts thereof. Every public corridor and
stairway in structures containing not more than two dwelling
units shall be supplied with conveniently located light switches
controlling the adequate lighting system which may be turned
on when needed, instead of full time lighting.
M. Foundations, Exterior Walls, Roofs. The foundation, exterior walls,
and exterior roof shall be substantially watertight and shall be kept in
sound condition and repair. The foundation shall adequately support
the building at all points. Every exterior wall shall be free of
deterioration, holes, breaks, loose or rotting boards or timbers, and any
other condition that might admit rain or dampness to the interior
Page 80 of 112
portion of the walls or to the exterior spaces of the building. Exterior
walls must be free of graffiti and advertising except as allowed by
Section 9.12 (Signs) of this City Code. All exterior wood surfaces,
other than decay resistant materials, shall be protected from the
elements and decay by paint or other protective covering or treatment.
If the exterior surface is unpainted or the paint is blistered or peeling
over 25 percent of the surface area, the affected surface shall be
painted with a color which matches the unaffected surface or the entire
surface shall be painted a consistent color. If the exterior surface of
the pointing of any brick, block, or stone wall is loose or has fallen
out, the surface shall be repaired.
N. Gradim), and Drainage. Except for the wetland and approved ponds,
every yard, court, walkway, driveway, and other portions of the
premises on which a building stands must be graded and drained so as
to be free of standing water. The water must not be drained onto
adjacent properties except as provided in legally recorded easements
or other documents.
O. Units at or Below Grade,.
1. All windows located at or near ground level used or intended to
be used for ventilation, all other openings located at or near
ground level, and all exterior doorways which might provide an
entry for rodents shall be supplied with adequate screens or
such other devices as will prevent the entrance of rodents into t
he structure.
2. All sewers, pipes, drains or conduits and openings around such
pipes and conduits shall be constructed to prevent the ingress
and egress of rodents to or from the building.
3. Interior Boors or basements and other areas in contact with the
soil shall be rodent- proofed to prevent the entrance of rodents
into the structure.
P. Facilities for Storw_,e and Disposal of Rubbish, Garbave and
Reevelable Materials. Every owner of a dwelling unit shall be
responsible for providing and maintaining facilities for the sanitary
and safe storage and disposal of rubbish, garbage, and recyclable
materials and for arranging for the collection of this material. The
owner of a rental facility or unit, directly or through the owner's agent,
operator, or manager, shall be responsible for supplying containers or
other approved methods for the common storage and collection of such
materials.
Page 81 of 112
Q. Pests and Extermination. All structures and exterior property shall be
free from rodent harborage and infestation. Materials and food
sources for pests shall not be allowed to accumulate either inside or
outside a structure in a manner that attracts an infestation of pests. All
openings with a diameter of one half inch or more in the exterior walls,
foundations, basements, cellars, ground or first floors, and roofs of a
structure shall be sealed or capable of being sealed in an approved
manner so as to not permit an infestation of pests. The occupancy of a
unit shall be responsible for the extermination of any infestation of
pests within the unit or on the premises under the immediate control of
the occupant. The association shall be responsible for the
extermination of an infestation of pests within all common areas. For
rental units, the owner, directly or through the owner's agent, operator,
or manager shall be responsible for the extermination of an infestation
of pests within any dwelling unit and within all common areas. The
occupant of a single occupancy dwelling shall be responsible for the
extermination of an infestation of pests within the structure and on the
premises.
312.07 Basic Safety Reauirenients for Interior and Exterior Maintenance
A. Kitchen Facilities. Kitchen facilities in every dwelling unit shall be
maintained in the following manner:
I . A kitchen sink shall be in good working condition and properly
connected to an approved water supply system which provides
at all times heated and unheated running water under pressure,
and which is connected to an approved sewer system.
2. Cabinets and /or shelves and counters or tables shall be of
sound construction furnished with surfaces that are easily
cleanable and that will not impart any toxic or deleterious
effect on food.
3. A stove for cooking food and a refrigerator for the safe storage
of food shall be properly maintained with all necessary
connections for safe, sanitary, and efficient operation.
B. Windows, doors, and screens. Every window, exterior doorway, and
other exterior opening shall be substantially tight and shall be kept in
sound condition and repair. Every window, other than a fixed window
or storm window, shall be capable of being easily opened. Every
window, door, and frame shall be constructed as to exclude rain, wind,
and pests from entering the building. Every openable window in a
rental facility or unit shall be supplied with screens of not less than 16
mesh per inch during the insect season and every openable window in
Page 82 of 112
a residential rental unit shall also be equipped with an approved loci: if
located less than six feet above the adjacent grade.
C. Access Access to or egress from each dwelling unit shall be provided
without passing through any other dwelling unit.
D. Landings at Doors. There shall be a floor or a landing on each side of
a door having a width not less than the width of the door or, in the case
of a sliding door or atrium door, a width not less than six feet, and a
length measured in the direction of travel of not less than 36 inches for
residential facilities. Landing surfaces more than 30 inches above the
grade below require a guardrail complying with the State Building
Code.
E. Interior and Exterior Lighting. All electrical light fixtures shall be kept
in a good state of repair. The association of a common interest facility
or the owner of a residential rental facility hall be responsible for
providing and maintaining effective illumination on all exterior
parking areas and walkways.
F. Floors, interior walls, and ceilings Every floor, interior wall and
ceiling shall be kept in sound condition and good repair. Every floor
shall be free of loose, warped, protruding or rotted flooring materials.
Every interior wall and ceiling shall be free of holes and large cracks
and loose plaster and shall be maintained in a tight, waterproof
floor of every toilet room, bathroom, and kitchen shall have a smooth,
]lard, nonabsorbent surface and shall be capable of being easily
maintained in a clean and sanitary condition. Nothing herein shall
prevent the use of carpeting; in such rooms provided that the
underlying floor complies with the requirements of this Subsection.
G. Stairways, porches. decks and balconies.. Every stairway, inside or
outside of a dwelling, and every porch, balcony or deck shall be kept
in a safe condition and sound repair, and conform to the Minnesota
State Building Code requirements.
H. Doors, locks, and security. No owner shall occupy nor let to another
for occupancy any dwelling unit unless all exterior doors of the
dwelling in it are equipped with safe, functioning, locking devices that
meet the requirements of the State Building and Fire Codes.
Residential common interest and rental facilities with common
entrances shall be furnished with door locks that follow the same
codes as well. If an alarm system is installed, at no time shall the
system secure the doors so that occupants can not escape in the event
of an emergency. The system shall be tested and approved by the
authority having jurisdiction.
Page 83 of 112
I. Drives and mrkim4 areas. The association of any common interest
facility or the owner of any residential rental dwelling shall be
responsible for providing and maintaining in good condition paved and
delineated parking areas and drives for residents or users consistent
with all standards established by City Ordinance.
J. Fire Exits.
I. No mire exit shall be permitted which is so far removed from any
dwelling unit or in such condition as to be decreed unsafe or
dangerous and not fit for the purpose.
2. All exit stairways in multiple dwellings having more than two
occupied levels shall be separated from each other by a substantial
separation of at least a one hour fire resistance rating as detailed in
the State Building and Fire Codes as adopted by City Ordinance.
3. All multiple family dwellings having more than two levels, with
the lowest level at an elevation less than grade and having the exit
at grade level, shall provide a substantial barrier (constructed and
placed) to prevent a person from proceeding down the stairs to a
level lower than the level of exit.
312.08 Immediate Health and Safety Hazards.. Tlie following are considered
imn - tediate hazards to health and safety for human occupancy:
A. I-IeatinR systems that are unsafe due to burned out or rusted out heat
exchanges (fire box); burned out or plugged flues; not being vented
properly; being connected with unsafe gas supplies, failing to n-eet the
minimum heating standards adopted by City Ordinance.
B. Water heaters that are unsafe due to burned out or rusted out heat
exchanges (fire box); burned out, rusted out, or plugged flues; not being
vented properly; being connected with unsafe gas supplies; or lack of
temperature and pressure relief valves.
C. Electrical systems that are unsafe due to dangerous overloading;
damaged or deteriorated equipment; improperly taped or spliced wiring;
exposed or non- insulated wires; distribution systems of extension cords
or other temporary methods, ungrounded system, ungrounded appliances
in contact with earth.
Page 84 of 112
D. Plumbing systems that are inoperable or unsanitary due to leaking waste
systems, fixtures, and traps; lack of a water closet; lack of washing and
bathing facilities; cross connection of pure water supply with fixtures of
sewage lines, or system failure.
E. Structural systems, walls, chimneys, ceilings, roofs, foundations, and
floor systems that will not safely carry imposed loads.
F. Rubbish, garbage, human waste, decaying dead animals, animal waste,
other materials rendering it unsanitary for human occupancy.
G. Infestation of rodents, insects, vermin, and other pests.
11. Water supt)ly that is inoperable or unsanitary due to leaking supply
pipes, fixtures, and traps, cross connection with sewage lines, or system
failure.
312.09 Unfit for Human Habitation
A. Declaration. Any dwelling unit which is damaged, decayed,
dilapidated, unsanitary, unsafe, pest infested, or which lacks provision
for illumination, ventilation, or sanitary facilities to the extent that the
defects create a hazard to the health, safety, or welfare of the
occupants or of the public may be declared unfit for human habitation.
Whenever any premises, building or dwelling unit has been declared
unfit for human habitation the City Building Official shall order the
building or affected dwelling unit(s) vacated within a reasonable time
and shall post a placard on sarne indicating that it is unfit for human
habitation and any license previously issued for such building,
dwelling, or occupancy shall be revoked.
B. Vacating? Building. It shall be unlawful for a vacant dwelling unit that
has been declared unfit for human habitation to be used for human
habitation until the defective conditions have been corrected and
certificate of occupancy has been issued, along with any applicable
license for the building or unit(s), by the City Building Official. It
shall be unlawful for any person to deface or remove the placard from
any such dwelling unit.
C. Hazardous Buildinv? Declaration, In the event that a dwelling unit has
been declared unfit for human habitation and the owner has not
remedied the defects within a reasonable tirne, the dwelling unit may
be declared a hazardous building and treated consistent with the
authority provisions adopted by City of Oak Park Heights
Ordinance(s) or Minnesota State Statute.
Page 85 of 112
312.10 Vacant Buildinws
A. Secure Vacated Dwellin�c. The owner or authorized agent of any
------------ - - - - -- - -
dwelling unit which has been declared unfit for human habitation or
which is otherwise vacant for a period of 60 days or more shall make
same safe and secure so that it is not hazardous to the health, safety,
and welfare of the public and does not constitute a public nuisance.
Any vacant dwelling open at doors or windows, if unguarded, shall be
deemed to be a hazard to the health, safety, and welfare of the public
and a public nuisance within the meaning of this Section and shall be
made safe and secure immediately by boarding the openings.
Boarding must be done with sound materials that are securely fastened
to the building and painted with a color consistent with the adjacent
surfaces. The premises of a vacant building shall be maintained in an
appropriate manner including, but not limited to, mowing of yard
areas; removal of weeds from parking areas, drives, medians, and
landscaping; collection and removal of debris; and watering and
maintaining landscaping and yard.
312.11 Licensin#- of Rental Residential Dwellin4 Units
A. License Reuuired. No person shall operate a residential rental
dwelling or residential rental dwelling unit without first having
obtained a license to do so from the City. Licenses are not transferable
to another person or to another dwelling, or rental dwelling unit.
B. Expiration of License. Licenses shall be issued upon initial application
registration and passing inspection. Licenses are renewed annually
with the annual period running June 30 to June 30.
C. Inspection. Each rental residential unit shall be inspected for
compliance at the time of application for license and then once every
two years. The property owner or its authorized agent will be
contacted by City staff to schedule this inspection and is responsible
for notifying the tenant of the inspection date and time and is also
required to be on site at the time of inspection. failure to appear at a
scheduled inspection will be subject to penalty.
D. fees License fees shall be established from time to time by
resolution of the City Council. All required fees shall accompany an
initial or renewal application.
I. failure to register a rental property for license shall be
considered a violation of the City of Oak Park Heights
Ordinance and shall be subject to penalty as follows:
Page 86 of 112
a. First Administration Citation. $50.00 administrative
fee. Rental unit registration to be completed within
fifteen (15) days of the citation date.
b. Second Administration Citation. $100.00
administrative fee. Rental unit registration to be
completed within fifteen (15) days of the citation date.
C. Misdemeanor Citation. /Failure to comply with by the
date of expiration established by the issued date of a
second citation, failure to register rental housing
property will be considered and treated as a
misdemeanor violation and processed accordingly.
2. License Fee. License fees, established from time to time, by
the City Council shall be charged for each residential rental
unit being; registered for license. The registration fee is
$100.00 per unit and shall include the registration, initial
inspection and licensure. Annual registration renewal is $50.00
per unit and is due prior to current license expiration.
3. License Fee Refund. A licensee shall not be entitled to a
refund of any license fee upon revocation or suspension.
However, the licensee shall be entitled to a license fee refund,
prorated monthly, upon proof of transfer of legal ownership or
control.
4. Reinspection Fee. A reinspection fee, established from time to
time, by the City Council shall be charged for each
reinspection required after the follow -up inspection to the
initial inspection. Reinspection fees shall be payable prior to
re- inspection. No renewal license shall be issued for any unit
with outstanding, inspections or fees.
5. Subsequent Unit Compliance Inspection Fee. A subsequent
compliance inspection fee, established from time to time, by
the City Council shall be charged for each subsequent
inspection required after the initial inspection. After the initial
inspection, each unit is required to be inspected once every two
years for which there will be an inspection fee of $50.00 per
unit, payable at or prior to the date of scheduled inspection. If
a violation /correction is found at this inspection, the unit may
be subject to reinspection fees as outlined in (4) above.
Page 87 of 112
6. Owner /Authorized Agent Failure to Annear at Inspection, shall
result in an administrative fee of $50.00, which must be paid
prior to re- scheduling the missed inspection. Subsequent
failure to appear shall result in the matter being forwarded to
the City Attorney for legal action advisement.
E. Application. Application for registration and license shall be made by
the property owner or its authorized agent oil City forms. Renewal
application forms will be mailed to license holders prior to the
expiration of their current license. Every license holder shall give
notice in writing of changes to property ownership or unit occupancy
as established within this ordinance.
F. Conduct on Licensed Premises., The Licensee shall take appropriate
action following conduct by any tenant or guest of a tenant on the
licensed premises which is determined to be prohibited conduct as
defined by this Section. For the purposes of this Section, "licensed
premises" shall include a rental dwelling unit; communal, shared, or
public areas within a building containing one or more rental dwelling;
units; and external common areas providing; amenities to a building;
containing; one or more rental dwelling units, including, but not limited
to, common open space, yards. drives, garages, and parking areas
whether owned by the licensee or a third party or association.
1. first Offense. The Compliance Official, upon determining that a
licensed premises has been used in a manner that constitutes
prohibited conduct, shall notify fife licensee or local agent by mail
of the violation and direct the licensee to take steps to prevent
further violation.
2. Second Offense. If a second incident of prohibited conduct occurs
at the same licensed premises or rental dwelling; unit within three
months after notice of a prior incident has been given, the
Compliance Official shall notify the licensee or local agent
personally or by certified mail of the violation and shall also
require the licensee to submit a written report of the actions taken,
and proposed to be taken, by the licensee to prevent further use of
the premises for the prohibited conduct. The written report shall
be submitted to the Compliance Official within ten business days
of receipt of the second notice of prohibited conduct on the
premises and shall detail all actions taken by the licensee in
response to all prior notices of such use of the premises within the
preceding three months.
Page 88 of 112
3. Third Offense. If a third incident of prohibited conduct occurs at
the same licensed premises or rental unit within three months after
the notice of the second occurrence as provided herein, the license
of the premises may be denied, revoked, suspended, or not
renewed.
4. No adverse license action shall be imposed where the instance of
prohibited conduct on a licensed premises occurred during the
pending eviction proceedings or within 60 days of notice given by
the licensee to a tenant to vacate the premises, and the unlawful
conduct was related to the conduct by that tenant or other
occupants or guests of the tenant's unit. Eviction proceedings shall
not be a bar to adverse license action, however, unless the eviction
proceedings are diligently pursued by the licensee. Further, any
action to deny, revoke, suspend, or not renew a license based upon
violations of this Section may be postponed or discontinued at any
time if it appears that the licensee has taken appropriate pleasures
which will prevent further instances of use of the premises for
prohibited conduct.
5. A determination that the licensed premises have been used in a
manner that constitutes prohibited conduct shall be inade upon
clear and convincing evidence to support such a determination. It
shall not be necessary that criminal charges be brought in order to
support a determination of prohibited conduct nor shall the fact of
dismissal or acquittal of such criminal charges operate as a bar to
adverse license action under this Section.
6. The definition of prohibited conduct is in no way intended to
exclude or prevent the appropriate enforcement of illegal activities
not included in that definition.
7. The enforcement actions provided for in this Section shall not be
exclusive, and the City Council may take any action with respect to
a licensee, a tenant, or the licensed premises as authorized by
Federal, State, or local laws and ordinances.
312.12 Administration of Enforcement
A. Inspection of Dwellinv- Units and Premises
1. The City Compliance Official or other appropriate employee or
contracted professional agent is hereby authorized and directed
to enter and make such inspections as are necessary to
determine the condition of any dwelling unit and premises for
compliance with this Section. The owner or occupant of every
Page 89 of 112
dwelling unit, or the person in charge thereof, shall give the
Compliance Official free access to such dwelling twit and its
premises at all reasonable times for the purpose of such
inspection, examination, and survey. This Section shall not
apply to investigations conducted by the Police Department
regarding prohibited conduct or other similar illegal activities.
2. Every occupant of a dwelling unit shall give the owner or
operator thereof, or their agents or employees, access to any
part of such dwelling unit or its premises at all reasonable
times for the purpose of inspecting or effecting such
maintenance, repairs or alterations as are necessary to effect
compliance with the provisions of this Section or with any
lawfiil rule or regulation adopted or any lawful notice or order
issued pursuant to the provisions of this Section.
B. Compliance Order. Whenever the City Compliance Official or other
appropriate employee or contracted professional agent determines or has
reasonable grounds to believe that there has been a violation of any
provision of this Section, lie shall give notice of such alleged violation
in the form of a Violation Notice /Correction Order to the property owner
or its authorized agent responsible therefore. Such order shall:
(a) Be in written form;
(b) Include a description of the real estate sufficient for
identification.
(c) Describe the location and nature of violation requiring
correction;
(d) Establish a reasonable period of time for the remedy /correction
of the violation;
(e) Contain an outline of remedial action that, if taken, will effect
compliance with the provision of this Section; and
(f) Be served on the owner or authorized agent and copied to the
tenant at the property address. The Notice shall be properly
served (1) personally; or (2) sent by registered mail to the last
known address of the owner or authorized agent. If service by
methods (1) or (2) fails, the Notice shall be posted in a
conspicuous place upon the dwelling housing rental unit
affected.
C. Penalties. failure to meet the requirements of the Violation
Notice /Correction Order shall be a violation of this Section and subject
to an Administrative Citation process, where applicable, and then be
treated as a misdemeanor, subject to all penalties as provided by State
Statute. Each day the violation continues in existence shall be deemed
a separate violation. Council may, by resolution, cause the cited
Page 90 of 112
deficiency to be remedied as set forth in the Order. The cost of such
remedy shall be levied against the subject property and may be levied
and collected as a special assessment in the manner provided by City
ordinance.
D. Execution of Compliance Orders. Upon failure to comply with a
Compliance Order within the time period established by written notice,
or within an alternate period of time approved by the Compliance
Official, and no appeal having been taken, the property and its owner
will be subjected to the Administrative Citation process. failure to
comply with the Administrative Citation process for compliance orders
will result in the violation being treated as a misdemeanor, subject to
all penalties as proved by State Statue and forwarded to the City
Attorney. Each day the violation continues shall be deemed a separate
violation. Council may, by resolution, cause the cited deficiency to be
remedied as set forth in the Violation Notice /Correction Order. The
cost of such remedy shall be levied against the subject property and
may be levied and collected as a special assessment in the manner
provided by City ordinance. if the violation(s) are a threat to
public /tenant safety, the notice shall also include an Order to have the
affected unit(s) vacated immediately, with an additional administrative
fee of $50.00 per unit affected being charged to the property owner
E. Appeal When it is alleged by any person to whom a
Violation Notice /Correction Order is directed that such Order is based
upon erroneous interpretation of this Section, such person may appeal
the Order as set forth City Ordinance 401 A.E. entitled Appeals. The
filing of an appeal shall stay all proceedings, unless such a stay
would cause imminent peril to life, health, safety or property.
f. Emeraencv Cases. When a violation of this Section constitutes an
imminent peril to life, health, safety or property, the City may require
immediate compliance and if necessary take appropriate action to
correct the violation.
G. Notice on Transfer of Ownership. The owner of any building, or
any part thereof, upon whom a pending Violation Notice /Correction
Order has been served, must disclose within the sale, transfer,
mortgage, lease, or other conveyance of the building or any part
thereof, to another person the Compliance Order as issued by the
City, unless such owner shall furnish to the grantee, lessee, or
mortgagee a true copy of any notice of violation or Compliance Order
and shall obtain and possess a receipt of acknowledgement. Anyone
securing an interest in the building, or any part thereof, who has
received notice of the existence of a violation or Compliance Order
shall be bound by such violation or Order without further service of
Page 91 of 112
notice and shall be liable for all penalties and procedures provided by
this Chapter.
312.13 Notice of AEents, Operators, ManaQcrs, and Officers.
A. Common Interest Facilities, The association of any common interest
facility shall notify the City in writing of the name, address, and
telephone number of the association president, or other authorized
contact individual, and shall re- notify the City in writing of any change
in the identity, address, or telephone number of that individual.
B. Rental Unit Owner. The owner of any residential rental unit, shall
notify the City in writing of any change in the ownership identity,
address, or telephone number of the rental unit.
C. Rental Unit Occupant. The owner of any residential rental unit, shall
notify the City in writing of any change in the tenant occupancy,
address, or telephone number of the rental unit.
312.14 Exlstinv Structures and Units. Any structure or unit existing prior to the
adoption of this ordinance shall be deemed conforming if it was in
conformance with all applicable laws and ordinances when it was constructed
or last reconstructed, remodeled, repaired, or altered.
312.15 Severability. if any portion of this Section is found to be violation of any
provisions of the Constitution of the State of Minnesota or the United States
of America, such a finding shall affect only such portion and the remainder of
this Section shall continue in full force and effect.
312.16 Effective Date. This ordinance shall be in full force and effect from and
after its passage publication according to law.
CITY OF OAK PARK HEIGHTS
David Beaudet, Mayor
Attest:
Eric Johnson, City Administrator
Page 92 of 112
Oak Park Heights
Request for Council Action
Meeting Date March 25` 2008
Time Required: 5 Minutes
Agenda Item 'Title: Discuss and Potentiallv Respond to Ren. Michelle Bachmann's 3/11108
Corresoondence
Agenda Placement New Business
Originating Department /Requester Councilmember Doerr
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 March 10 2008 letter received. from Rep. Bachmann; possibly consider requesting
funding for certain elements of the STH36 / Bridge Crossing Project.
Page 93 of 112
MICHELE BACHMANN �12.cA,�r ,�Fi,r,sE: {3E1EE r,E,,s
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March 11, 2008
Jack Doerr
Councilman
14168 Oak Park Boulevard
Stillwater, MN 55082 -6476
Dear Jack,
As eluted officials, we share a sacred duty to our constituents to work diligently on their
behalf and to continually seek ways to improve their lives. And, I am always looking for new and
innovative ways to not only serve my constituents, but to work with you in federal -local
partnerships for the benefit of our shared constituents.
You may have heard recently that I have joined several of my colleagues on both sides of
aisle in a moratorium on earmarks, often known to our constituents as fork barrel spending. As
part of the pledge that l have taken, I will not be submitting earmark requests to the house
Appropriations Committee for Fiscal Year 2 009. 1 would like to take this opportunity to explain
to you how that pledge will impact you and your community and how my office can continue to
work with you to access federal funds for important local projects. It is critical that you realize
that my vlcdj does not mean that my office will not continue to work with you on your
important oroiects. I[1 fact, I will continue to fight for Minnesota taxnavers!
Members of Congress know their districts better than any bureaucrat in the federal
executive branch agencies. And, believing in the better angels of man's nature, I like to believe
that elected Members of Congress should have the ability to discern which projects have the
appropriate federal nexus to slake them worthy of federal tax dollars. Regrettably, money and
raw politics are far more often In control and the System has become broken beyond repair. Our
constituents' tax dollars are raided year after year in larger and larger amounts by a few well -
placed Members of Congress who dole out gifts to their colleagues -- often to their own benefit
more than anyone else's.
The enclosed graph is illustrative. III Fiscal Year 2008, the average member of the House
Appropriations Committee Secured nearly $30,000,000 in earmarks for his or her district
($28,630,000). In comparison, the average Democrat Member of Congress brought home just
over $10 million ($10,300,000). The average Republican Member of Congress brought ]Ionic
even less ($8,700,000). Some appropriators really outdid their colleagues, Congressman Jack
Murtha, Chairman of the Defense Appropriations Subcommittee, secured a whopping
$166,500,000 in pork, according to Congressional Quarterl And, according to Roll Call
newspaper, every one of those earmark recipients was a Murtha campaign contributor.
As you can see, earmarked funding no longer bears any connection to the merits of a
project or even to how a project supports the national interest. It is all about politics. And, this
does not serve our constituents well at all. Lest we become jaded -- these numbers are in the
millions and represent the averages of the 435 Members of the House of Representatives,
Imagine how that appears to the average Minnesotan taxpayer, who according to an analysis by
Page 94 of 112
the Northeast- Midwest Institute in 2006, got only 73 cents back for every dollar sent to
Washington. That's second to the worst return on tax dollars nationwide. In comparison, the
people of Alaska, New Mexico, and West Virginia -- all of whom are represented by an
Appropriations Committee member — got nearly two dollars back for every dollar sent to
Washington. In 2005, in fact, Alaska enjoyed more pork per capita than any other state --
$984.85 per person. By way of comparison, the national per capita average was $33.03;
Minnesotans got $17.47.
If that's not enough proof that the system is broken beyond repair, take a look at the
budget process of Fiscal Year 2007. In that election year, politics literally put the appropriations
bills oil hold. All across the country, communities like yours waited to see if their projects would
get the federal funding Appropriations Subcommittees had approved — often federal funding that
their local budgets counted on --- when the final appropriations bills made it to the President's desk
for his signature into law. That year, earmarks were erased and communities large and small
were left to scramble to fill holes in their budgets.
In the past several years, as public cynicism about pork barrel projects has skyrocketed,
Congress has tinkered around the edges to increase transparency of earmarking, and these are
good changes. Regrettably, they represent the lowest common denominator of action. These are
the changes that all Members — Republican, Democrat, and appropriator — can agree to in ail
effort to look responsive to the American public. In reality, however, they do nothing to change
the now of dollars from hard - working taxpayers to politically- connected lobbyists and their
clients. Something must change. And, the pledge that my colleagues and I have taken is an effort
to begin that change.
Enclosed you will find a federal funding form that your community can use to request my
assistance in securing federal funds for worthy local projects. My staff will work with federal
a2enev officials to locate auvrooriate competitive grant pros4rams for vour projects and to yet you
meetings where you can make the case that your proiect should be funded, We'll also help you
find private grant funding that may meet your needs. I will write letters of support for your
projects, as well, and will do all I can to ensure that your community's project gets the attention it
deserves here in Washington.
The public trust is something I take very seriously, as I am certain you do as well. And, I
hope that you will work with me to ensure that Minnesota's taxpayers get the most of their tax
dollars without losing their hard - earned income to Washington's bottomless bureaucracy.
If you have any questions or thoughts on this matter, I invite you to share them with Ine
and with my Legislative Director, Jessica Taylor, at 202 -225 -2331, who will be the staff lead on
these important projects. Thank you and I look forward to working with you.
Sincerely,
3
Michele Bachmann
Member of Congress
Enclosures �
Page 95 of 112
$30,000,000M . f�
$25,000,000-00
$20,000,000-00
$15,000,000.00
` f
$ 10,000,000-00
$5,000,000-00
$ -
Average Average Average
Republican Democrat Appropriator
Page 96 of 112
CONGRESSWOMAN MIC.HELF, BACHMANN (MN -06)
FISCAL.., YEAR 2009 FrOERAL FUNDING RFQUESTS
PLEASE COMPLETE THE FOLLOWING LOWING TATTLE
PLEASE SUBMIT ELECTRONICALLY TO
JESSICA TAYLOR IN REP. BACHMA.NN'S OF'F'ICE
'`EEL FREE TO CALL 202 - 225 -2331 WITH ANY QUESTIONS
Project Name (include town,
county e.g. St. Cloud
Community Center)
Prcaject Seminary (Provide a
brief paragraph description of
the project
Giant Opportunity Title
Government Agency (e.g.
USDA)
Grant Funding Number (e.g.
VA-GRANTS-2008-555)
What percentage of any
funding received will go to:
+Administrative costs?
+Operationshnaintenance?
+Construction/enhanceinents?
+Equipment?
+Research /development?
What percentage of any
funding received will be eased:
+Locally?
+State »wide?
+Nationally?
Page 97 of 112
1
How will this project benefit:
+ Local residents?
+ Citizens of MN?
Amount of your request:
Is this funding new or
recurring? If recurring,
please list past amounts
received by year:
Is this a project that will
require ongoing funding or
reach a completion date?
Other relevant information:
Recipient (organization
receiving funding):
Recipient Contact:
Recipient Address:
Recipient ient Office Telephone:
Recipient Mobile Telephone:
Recipient Fax Number:
Recipient Email Address:
If different from above,
lobbyist (or organization
making request):
Lobbyist Contact:
Lobbyist Address:
Lobbyist office Telephone:
Lobbyist Mobile Telephone:
Lobbyist Fax Number:
Lobbyist Email Address:
2 Page 98 of 112
Oak Park Heights
Request for Council Action
Meeting Date March 25"', 2008
Time Required: 5 Minutes
Agenda Item Title: Discussion of Park & Trail Improvements Park Recommendations
Agenda Placement New Business
Originating Department /Requester Councilmember McComber
Requester's Signature
Action Requested Discussion, Possible Action
Background/Justification (Please indicate if any previous action has been taken or if other public
bodies have advised):
At the February, 2008 Park Commission Meeting, Commissioner Nelson expressed concerns
relative to the City Council's selection of various bark and trail improvements being different
from the recommended listing. Council should discuss and provide feedback to Commissioner
Nelson and the Parks Commission.
Recommended List from 12117108 Park Commission Mee n
Chair Zeali, seconded by Commissioner Estes, moved to submit tbefolloiving prioritized fist of
capital projects to the council.-
1. Playground Equipment at S;vager Park
2. Concrete of Hockey area at Brekke Park
3 Rayntie Johnson Trail
4. Valley View Landscaping --- replacentent of railroad He retaining fvall
5. "}dart A" trail across northern bowler of 5502 Osgood Ave Property to
Brekke Park
b. Tennis Courts
7 .Vkateboard Park
Carried 3 — 0.
Page 99 of 112
This ram 6 Let Intentionally Blank
D- /z
»«�
2� 2
a(6«
Page 100 of 112
N_
Oak ]Park Heights
Request for Council Action
Meeting Date March 25' 2008
Time Required: 5 Minutes
Agenda Item Title: Authorize City Participation in the U.S. Mavor's Climate Protection ALreement.
Agenda Placement New Business : %! .4
.r
Originating Department /Requ s oY� ' Eric Johnson, City Administrator
/iow '
Requester's Signature Action .Requested Discu Approval
i'
Background /Justificatio�Pl use indicate if any previous action has been taken or if other public
bodies have advised):
As the City considers the possibility of a new or rehabilitated City Hall. Facility as well
as other major vehicle purchases, it is best to also consider how these improvements
may additionally aid the global environment by investment in options that reduce or
eliminate greenhouse gases that contribute to global warming.
As part of this effort, many communities have signed on to the US Conference of
Mayor's Climate Protection Agreement. This agreement outlines various targets and
policies that a city should consider as it reviews purchases, land use and other typical
issues faced by local governments. please see the attached "Protection Agreement"
The Agreement itself is not a comprehensively binding set of rules upon City actions,
but again are important options that a city ought to consider as we look to better the
global environment and our share of responsibility. Moreover, many of the itelus we are
already undertaking; are common sense elements or simply relate to proper city
planning 1 infrastructure development. Many Minnesota cities have already signed on,
see enclosed list.
7 would recommend the City participate in the U.S. Mayor's Climate Protection
Agreement.
(the City may in the future consider applying for various grants or other incentives ----
being party to this type of Agreement should only help in those endeavors)
Page 101 of 112
c CON
The U.S, Mayors Climate Protection Agreement
(As endorsed by the 73 "d Annual U.S. Conference of Mayors meeting, Chicago, 2005)
A. We urge the federal government and state governments to enact policies and programs
to meet or beat the target of reducing global warming pollution levels to 7 percent
below 1990 levels by 2012, including efforts to: reduce the United States' dependence
on fossil fuels and accelerate the development of clean, economical energy resources
and fuel- efficient technologies such as conservation, methane recovery for energy
generation, waste to energy, wind and solar energy, fuel cells, efficient motor vehicles,
and biofuels;
B. We urge the U.S. Congress to pass bipartisan greenhouse gas reduction legislation that
1) includes clear timetables and emissions limits and 2) a flexible, market -based system
of tradable allowances among emitting industries; and
C. We will strive to meet or exceed Kyoto Protocol targets for reducing global warming
pollution by taking actions in our own operations and communities such as:
1. Inventory global warming emissions in City operations and in the community,
set reduction targets and create an action plan.
2. Adopt and enforce land -use policies that reduce sprawl, preserve open space,
and create compact, walkable urban communities;
3. Promote transportation options such as bicycle trails, commute trip reduction
programs, incentives for car pooling and public transit;
4. Increase the use of clean, alternative energy by, for example, investing in
"green tags ", advocating for the development of renewable energy resources,
recovering landfill methane for energy production, and supporting the use of
waste to energy technology;
5. Make energy efficiency a priority through building code improvements,
retrofitting city facilities with energy efficient lighting and urging employees to
conserve energy and save money;
6. Purchase only Energy Star equipment and appliances for City use;
7. Practice and promote sustainable building practices using the U.S. Green
Building Council's LEED program or a similar system;
8. Increase the average fuel efficiency of municipal fleet vehicles; reduce the
number of vehicles; launch an employee education program including anti -
idling messages; convert diesel vehicles to bio- diesel;
9. Evaluate opportunities to increase pump efficiency in water and wastewater
systems; recover wastewater treatment methane for energy production;
10. Increase recycling rates in City operations and in the community;
11. Maintain healthy urban forests; promote tree planting to increase shading
and to absorb CO2; and
12. Help educate the public, schools, other jurisdictions, professional associations,
business and industry about reducing global warming pollution.
1
Page 102 of 112
CCRVP
The U.S. Conference of Mayors Climate Protection Agreement — Signature Page
You have my support for the Mayors Climate Protection Agreement.
Date:
Mayor:
Signature:
Address:
City: State: Zip:
Mayor's e-mail:
Staff Contact Name:
Staff Contact Title:
Staff Phone:
Staff e- -nail:
Please add any comments in support of the Mayors Climate Protection Agreement. We will add
these to the Website (oplional):
Please return completed form at your earliest convenience to:
The U.S. Conference of Mayors
Climate Protection Center
By Mail By 1 x : (202) 429 -0422
1620 1 Street, N W
Washington, DC 20006 By e-mail: bmsenber•?,.( iii,tin7 a� ors.car ,
For more information: (202) 861 -6782
Page 103 of 112
co
1620 E»mmxmst. H.W. `mapmwm*on,�C.mm0om
Phone (2021293-7330 ^Pax (202) 21D3-2352
E~mail-anf"musmo»==.",u UAL
For Immediate Release Contact: Lion Garcia / Mayors Climate Protection Center
Date. July l3,%UU7 202.861.6735orlgmroia@umnoyors.*rg
600 Mayors in All 50 States and H Rico
Take Action to Reduce Global Warming
Nyhmh ����—Tod��080D.9.��uyuru have eigued'l`huD.S.(�onfercuomof��ayors`(�hnoate
Washington,
Protection Agreement, no b supporting x� no u�u�ocachondb�sidooi8simmx
��rC��]l�DiTv or�muVpn n�/noyormp �c r oz
6v7�wn::n���lovv 1990 levels This agreen�eotio the only o|iooatoprot�%ionogmom�mo1Ofits
-' T
kind ' a mong U.S. elected officials. Cedar Rapids Mayor Kay Halloran became the h00 m mayor {n sign the
ogrouooent.
The rapidly growing support from mayors for this o�m:euoont is aiguifiouu1 hen8umc more than two-thirds
of the American population currently live in cities. "We're proud to have the support of 600 mayors f
all 50 ot81ey sign this agreement but wo won't stop uod\ every U.S. mayor has joined the fight k) protect
our clioua1c said Conference President Trenton Mayor Dnu&\uo H. Palmer. "The significant commitment
hy mayors to confront this global challenge io strong evidence ofthe growing political consensus from the
|otW level $n protect our climate nnv/."
Conference Vice President Miami Mayor Manuel Diaz stated, "Mayors iu Florida are attuned tnthe
threats that global warming poses <o cities especially coastal communities, that is why so many mayors in
my state huve 'oiuwd1bwcanupuiBntocoduocg|obu| warming."
"City by city across America mayors are taking action. Isn't it time our Federal government joined the
f Our grandchildren would appreciate it," said Conference Advisory Board Chair Seattle Mayor Greg
Nickels, who first launched the mayors climate agreement iu2V05.
Conference Executive Director Tom Cochran added, "We left our historical 75 « ` Annual Meeting
exceeding our aggressive goal to have 500 cities sign our cfirnatp agreement. Climate protection
dominated our deliberations and we confirmed that mayors are wx the 8no1 lines in protecting the
environment ioAouc,icaucideu."
|n early May, Conference President Palmer announced during u convening mf international mayors io
New York, that Tulsa Mayor }{ntbyTov\nr became the 500 ' mayor 0o si the agreement, Omdbcc
demonstrating the geographic support behind the agreement.
To view a list of mayors who are signatories to the U.S. Conference of Mayors Climate Protection
Agreement, please visit uouioyoro.o,u/oliivatcpoo{ectiou.
Page 104Of112
Mayors Climate Protection Centen The Agreement Page I of 2
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vio US' M.nvol,."" 35 fmin Nmnesotii
Mayor city Population
Mary Hamann- Roland Appie Valley 45,527
William Ojala Aurora 1,751
"Thomas Stlehm Austin 23,331
Richard Lehmann Bemldjl 13,296
Craig Pulford Buhl 988
Elizabeth Kautz Burnsville 60,220
Michael Jugovich Chisholm 4,701
Herb Bergson Duluth 86,918
Mike Maguire Eagan 63,557
Nancy Tyra - Lukens Eden Prairie 54,901
James Hovland Edina 47,425
Linda Loomis Golden Valley 19,921
Rick Wolff Hibbing 16,509
Steve Cook Hutchinson 13,722
Shawn Mason International ralls 6,332
Katie Himanga Lake City 5,282
Judson Marshall Mahtomedi 8,017
M Page 105 of 11 2
Mayors Climate Protection Center: he Agreement Page 2 of 2
Ron Anderson Milan 323
R.T. Rybak Minneapolis 382,618
Gary Skalko Mount Iron 2,945
Ray Melander nevis 389
Donna Dummer Red Wing 15,799
Arden Brede Rochester 85,806
William Droste Rosemount 20,468
Craig Klau5inc3 Roseville 33,690
Mark Campbell Sauk Rapids 11,560
Dave Klels St. Cloud 59,107
Chris Coleman St. Paul 267,151
Molly Park Sunfish Lake 515
Stephen Abrahamson Tower 479
Gary Burger Turtle River 79
Carolyn Gentilini Virginia 8,666
Paul Auger White Bear Lake 23,733
Jerry Kfiler Winona 26,587
William Hargis Woodbury 46,463
M Page 106 of 112
Oak Park Heights
Request for Council Action
Meeting Date March 25 2008
Time Required: 5 Minutes
Agenda Item Title: OPH - Washington County Agreement on Road Limits and Reconstruction of
62" Street and Oxboro Ave.
Agenda Placement New Business
Originating Department/Requ or i ? Eric Johnson, City Administrator
Requester's Signature L
Action Requested See disclissibn below and recommendation.
Background /Justification (Please indicate if any previous action has been taken or if other public
bodies have advised):
At this time the City is attempting to negotiate an acceptable agreement with the County that will allow
the County to exceed the Road Limits on 62` Street and Oxboro Ave, as the County has not agreed to
the initial document provided on March 14"', 2008 as originally anticipated.
1 have enclosed the most recent draft that does authorize the County to exceed the 7 -ton road limits on
62 " Street an the 5 ton road limits on Oxboro Ave. Essentially, in exchange for this permission, the
County is committing to reconstruct these streets not later than 12/31/2011 and is authorizing that the
City may retain a portion of the current Letter of credit until such time as the street is reconstructed.
The County also desires to enter into future discussions that would convey these street sections to their
jurisdiction.
Requested Actions:
• Authorize the City Administrator and City Attorney to negotiate an acceptable
agreement between the City and Washington County that will ensure protection of City
streets and will better enable Washington County to proceed without the need for the City
to implement on -site temporary scales.
• Authorize the Mayor and Administrator to execute such document once negotiations are
finalized.
Page 107 of 112
AMENDMENT #1
TO
AGREEMENT BETWEEN
THE CITY OF STILLWATER, THE CITY OF OAK PARK HEIGHTS,
AND THE COUNTY OF WASHINGTON
FOR DEVELOPMENT ON THE CAMPUS OF THE
WASHINGTON COUNTY GOVERNMENT CENTER
THIS AGREEMENT amends the Joint Powers Agreement entered into by and among the City of
Stillwater ( "Stillwater "), Washington County, Minnesota ( "County "), and the City of Oak Park
Heights ( "OPH "), and dated October 4, 2005, as follows:
1. The following definitions of road segments are added and effective for the purposes of
this Amendment as follows:
DEFINITIONS
1. Road Segment #1 shall be defined as that portion of 62 " Street North from
Osgood Avenue (County State Aid Highway 24) easterly to Panama Avenue, total length approx.
0.25 miles.
2. Road Segment #2 shall be defined as that portion of Oxboro Avenue from 62
Street North south to terminus at 'rH 36 frontage road, total length approx. 0.21 miles.
2. SECTION TWO is amended by adding the following provision:
5. Seasonal Weight Restrictions. Stillwater delegates to the County its statutory
authority to post seasonal weight restrictions on Road Segment #1 except that the County will
not be authorized to allow weights in excess of 9 tons per axle.
3. SECTION THREE is amended by adding the following provision:
7. Seasonal Weight Restrictions. OPH delegates to the County its statutory authority
to post seasonal weight restrictions on Road Segments 91 and #2 except that the County will not
be authorized to allow weights in excess of 9 tons per axle.
Page 1 of 4 Page 108 of 112
4. SECTION DOUR is amended by adding the following provisions:
9. Seasonal Weiv-ht Restrictions. The County will provide all necessary signing for
posting seasonal weight restrictions on Segment #1 and Segment #2.
10. Routine Road Surface Maintenance. The County will provide all customary
maintenance for Segment #1 and Segment #2 maintaining roadway surfaces and passable
condition beginning on the Amendment #1 effective date of March 14, 2008.
Routine maintenance includes but is not limited to:
a. Pothole patching and crack repair
b. Street Sweeping
c. Pavement striping and pavement messages
d. Highway signing
e. Snow and ice removal
11. Road Surface Repairs. The County will immediately repair any damage caused
by truck construction traffic in and about the County Government Center
12. Jurisdictional Transfer. The County Engineer will initiate discussions with
Stillwater and OPH City Engineers on jurisdictional transfer of Segment #1 and Segment #2 to
Washington County under MN Stat. 163.11 for designation as a County Road. The County will
make good faith effort to complete jurisdictional transfer by August 1, 2008. All parties hereto
agree to cooperate and pursue to completion the transfer of roadway authority for road segment i
and 2 to the County.
13. Road lmorovements. The County will reconstruct Segments 41 and Segment #2
by December 31", 2011.. The County may not alter street parking signage as current installed on
\ cSLi�mc t / Q or change or close street access thereto from the Oak Park Apartments
or Oakridge Place without the consent of the City of OPH..or until tich_ time 11w C'oopty his
coy �letc �oail�v4�v ' u isdi � over flis
Page 2 of 4 Page 109 of 112
a. The project scope will include improvement of traffic flow to the public parking
areas, improvement in pedestrian facilities, and may meet the MNDOT State Aid for Local
Transportation standards for an urban road section.
b. Oak Park Heights and Stillwater financial participation will be limited to any
costs associated with improvements made to City utilities (water, sanitary sewer and storm
sewer). The cities shall retain all necessary utility easements as required by each City Engineer
and cities shall not be responsible for final site restoration costs should such utilities require
maintenance, service, replacement or other needed access.
14. The terms and provisions of this agreement shall be incorporated by reference into
the August 10, 2007 Developer's Agreement executed between the City of Oak Park Heights and
Washington County <�:; ,I, ,:�2 3> ri<ki : ;;�
�. - rf ri.i.t7r >s, " :� i '.•t +.. :.Z ;s; (.._ - E - - ii l.rr - � t. fi �`
Q.I'.1 1 may retain $50,000.00 of the Letter of Credit to secure the reconstruction of
the segments. This may be secured until the reconstruction has been completed or the County
assumes jurisdiction of the segments, whichever comes first.
IN WITNESS WHEREOF, the parties have executed this Amendment #1 as of the date first
hereinabove written and is agreed to be effective as of March 14, 2008.
CITY OF OAK PARK HEIGHTS CITY OF STILLWATER
By By
David Beaudet, Mayor Ken Harycki, Mayor
By By
Eric Johnson, City Administrator Larry D. Hansen, City Administrator
Dated: Dated:
Page 3 of 4 Page 110 of 112
Approved as to Form Approved as to Form
By:
City Attorney Oak Park Heights City Attorney Stillwater
COUNTY OF WASHINGTON
By
Dennis C. Hegberg, Chair, County Board
By
James R. Sebug, Administrator
Dated
APPROVED AS TO FORM
By
County Attorney
Page 4 of 4 Page 111 of 112
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Page 112 of 112