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HomeMy WebLinkAbout10-23-07 Council PacketCITY OF OAK PARK HEIGHTS TUESDAY, OCTOBER 23, 2007 CITY COUNCIL MEETING AGENDA 7:00 P.M. 7:00 p.m. L Call to Oder/Pled �e of'Alle�}iancc/A roval ofA 7c�1da P'SI i711. 'Ile C/ Times 7:05 p.m. II. Public I-Iearin,. Public Hearing Regarding the Possibility of Issuing Bonds and Updating C11' to Fund a New Municipal Facility or a Rehabilitated and Expanded Facility (1) 7:30 p.m. IIT. Department/Council Liaison Reports A. Planning Commission B. Parks Commission C. Cable Commission D. Water Management Organisations E. Other Liaison/Staff reports 7:40 p.m. TV. Visitors/Public Comment Recycling Award (2) This is an opportunity for the public to address the Council with questions or concerns on issues not part of the regular agenda. (Please limit comments to 3 minutes in length.) 7:45 p.m. V. Consent Agenda (Roll Call Vote) A. Approve Bills & investments B. Approve City Council Minutes — October 9, 2007 (3) C. Payment Request #1 to LeadCon, Inc. for Rehab of 250,000 Gallon Elevated Tank (4) D. Approve Kennel Permit Application made by Susan Roettger (5) E. Approval of $225,000 lnterliutd Loan from the Capital Revolving Fund to the Water Rehabilitation Fund (6) F. Appoint Mary McComber as Voting Delegate to National League of Cities Annual Business Meeting (7) 8:15 p.m, VI. Old Business A. City Hall Facility B. STI 136 frontage Roads (8) C. STI -I 36 / St. Croix River Crossing — Municipal Consent Lawsuit (9) D. B-3 Highway Business and Warehousing District — Proposed Amendments (10) B. Ordinance 1101.08 (11) F. Ordinance 1103.02.8 (12) G. Ordinance 601 — Pet Leash Law (.I3) Page 1 of 130 8:45 p.m. VII. New Business A. Schedule Budget Worksession (14) B. Schedule Work session w/ Parks Commiss1013 to Discuss 5502 Osgood Ave. Property (15) C. Rental Housing Registration and Inspections (16) 9: 10 p.111. VIII. Closed Session Consult with City Attorney on Legal Matters 9:30 p.m. IX. Ad'ournment Page 2 of 130 Oak Park Heights Request for Council Action Meeting Date October 23'd 2007 Time Required: 20 Minutes Agenda Item Title: Agenda Placement Citv Hall 17arili Originating Department/Reg4estor -;�/Z� Eric Johnson. City Admini Requester's Signature Action Requested ENCLOSURE-, Background/Justification (131 indicate if any previous action has been taken or if other public bodies have advised): S As part of the continuing process for a potential City Hall project, the City council must bold the public hearing to receive public comment on the City Hall facility and tyre related funding scenarios and possible feature bond issuance. Generally, we will have a Presentation by Randy Erygel of Ructow & Associates — the City's Architect outlining more advance options for the City Mall project. Steve Mattson of Northland Securities — the City's Financial Advisor and Mary Eppel of Briggs and Morgan the City's Bond Counsel will also he present to review process and requirements. As I have been advised, there's no particular action the City must take following that public hearing, rather only hold the meeting to gather public comment. `ll'he City must however as some point adapt the related 5 -year Capital Improvement Placa as it relates to this possible project. This may be adopted now or at some future date. It is however best to preserve that adoption to a latter date until a more defined project is available. The current language contains the full ,scope of options considered by tlae City, again ranging from, 1.75 million for a retrofit to 7.5 million for a new facility, Enclosed: 1. Drawings and Mare Options from randy Engel, 2. Copy of the Public Notice as published, 3. Current 5 — Year CIP Update for the City Hall Facility Page 3 of 130 __— na xeo xrrv,r: oo arrnu s -nni �3t iuv� rry i\��1Ii� 4nni5 cn8©N aaetlg lg a a BRflANJ 37ti9. .w- \J.� _ sa€i€Il�ed s7t€f31a11 loud HpO o ` p i i Q 2 e m r o � LLJ as YYii � Ea f lel � � r r i I I I � I ,�� I_.._.- I � ! €€ anvir3faoo r 4 6 . 3 znr s ' S ' e Fp f it I l , -- ... QQ pp z R0.i�K I i r , , nd' Y Q I I � I I I j I � 1 I I ! I j i j E Page 4 of 130 I c 0 CL Ap. S sp Onj s1t813101.14acd A'O Page 5 of 130 r,f {1'10] S'JDhL?,Si 1Wf11 �]Al:d]W Ih ,..,...,... 53 s 57534353tY i1 FR®? afia I I c 17 W 11 clam u[tllY 'i7 [fuleli >ilod Keo spaory aa4dS +g no �aEbll3aQ;3 s11161aH )laud 5100 o a'nricin� . ge 6 of 130 a lee [ I��99 W �y ge 6 of 130 CN "' ""' ""' M I�d 110 4Z 41-4' Q, co qpON -nnLlaAV 110119,0 .................... (D 0 4� Li 4 I 'WE Page 7 of 130 "' ""' ""' M I�d 110 4Z 41-4' Q, co qpON -nnLlaAV 110119,0 .................... (D 4 I 'WE Page 7 of 130 ............. .... CY) tm IZ COm V u2 z, 1, CL 17, A.MM Ed PLO Wrl i 2 Page 8 of 130 N t i' ).1 S] tNa)11:111 qIV fTl 3.�VE:3055tY 'S PhD.f.Hf3f. ���p pp 6i [ P J n s a ? fixG9S Fo �ia.r,l E t a_ d �1p kj i monrk#�(i�l�t ! r 00� ,Al 3 v ' ti�ry ? _N Ih - cloaoulll.Y'syN6ipN iltad M:O /flanbS sPaaN a�edS 37 so!31il�e.� s;i151ay %i�na �1�0 co a Lj i N YI � WON onuanV uouQ,p N T fjE 0.__m Page 9 of 130 CITY OF OAK PARK HEIGHTS NOTICE OF PUBLIC HEARING ON INTENTION TO ISSUE GENERAL OBLIGATION CAPITAL TMPROVEME r PLAN BONDS AND THE PROPOSAL TO ADOPT A CAPITAL IMPROVEMENT PLAN THEREFOR NOTICE IS HEREBY GIVEN, that the City Council of the City of Oak Park Heights, Minnesota, will meet on October 23, 2007, at 7:00 p.m. at the City Hall, in Oak Park Heights, Minnesota, for the purpose of conducting a public hearing on (a) the intention to issue general obligation capital improvement plan bonds in an amount not to exceed $7,500,000 and (b) the proposal to adopt a capital improvement plan therefor. The proceeds of the bonds will be used to mance a municipal center facility, consisting of a city hall, library, public works and police station to be located at or near 14168 Oak Park Boulevard North in the City pursuant to Minnesota Statutes, Section 475.521. All parsons interested may appear and be heard at the time and place set forth above. If a petition requesting a vote on the issuance of the bonds is signed by voters equal to five percent of the votes cast in the City in the last general election and is filed with the City within thirty days after the public hearing, the bonds may only be issued upon obtaining the approval of the majority of the voters voting on the question of issuing the bonds. Individuals unable to attend the public hearing can make written comment by writing to the City Administrator, Oak Park Heights City Mall, 14168 Oak Park Boulevard, Oak Park Heights, Minnesota 55082-3007. Written comments must be received prior to the date and time of the public hearing. BY ORDER OUmciTY COUNCIL City [Submit October 1, 2007; Publish October 4, 2007] 2082340 Page 10 of 130 2008 through 2012 Five -Year Capital Improvement Plan for City of Oak Park Heights, Minnesota 10/16107 Prepared by: Eric Johnson, City Administrator City of Oak Park Heights, MN Page 11 of 130 Table of Contents I. Introductio 11. Plll'pOSe_ III. The Capital Improvement Planning Process 1 V. Project Summary V. Financing the Capital Improvement Plan 2 4 Project Costs............................................................... Appendix A Proposed CIP Bond ISSLIC............................................... Appendix B Pre -Sale Schedule ......... .................................................A ................................................Appendix ndix C Page 12 of 130 CITY OF OAK PARK HEIGHTS FIVE-YEAR CAPITAL IMPROVEMENT PLAN 2008 'I TROUGH 2012 INTRODUCTION In 2003, the Minnesota State I.,egislature adopted a statute that generally exempts City bonds issued under a capital improvement program from the referendum requirements usually required for city halls, town halls, public works, libraries and public safety facilities. I1. PURPOSE' A capital improvement is a major expenditure of City funds for the acquisition 01- betterment rbetterment to public lands, buildings, or other improvements used as a City Hall, town hall, public safety, or public works facility, which has a useful live of five years or 11101•e. For the purposes of' Minnesota Statutes, Section 475.521, capital improvements do not include light rail transit or related activities, parks, road/bridges, administrative buildings other than City 1 -fall or town hall or land for those facilities. A Capital Improvement Plan (CIP) is a document designed to anticipate capital improvement expenditures and schedule them over a five-year period so that they may be purchased in the most efficient and cost effective method possible. A CIP allows the matching of expenditures with anticipated income. As potential expenditures are reviewed, the City considers the benefits, costs, alternatives and impact on operating expenditures. The City of Oak Park 1-leights, Minnesota (the "City") believes the capital improvement process is an important element of responsible fiscal management. Major capital expenditures can be anticipated and coordinated so as to minimize potentially adverse financial impacts caused by the timing and magnitude of capital outlays. This coordination of capital expenditures is important to the City in achieving its goals of adequate physical assets and sound fiscal management. In these financially difficult times, good planning is essential for the wise use of limited financial resources. The CII' is designed to be updated on an annual basis. In this manner, it becomes an ongoing fiscal planning tool that continually anticipates future capital expenditures and funding sources. Page 13 of 130 ill. THE CAPITAL IMPROVEMENT PLANNING PROCESS The capital improvement planning process is as follows: the City Council authorizes the preparation of the CIP. City staff is instructed to assemble the capital expenditures to be undertaken within the next five years. The City Council then reviews the expenditures according to their priority, fiscal impact, and available finding. From this information, a preliminary capital improvement plan is prepared. Changes are made based on that input and a final project list is established. The City Council then prepares a plan based on the available funding sources. if general obligation bonding is necessary, the City works with Its financial advisor to prepare a bond sale and repayment schedule. Over the life of the CIP, once the funding, including proceeds from the bond sales becomes available; the individual capital expenditures can be made. In subsequent years, the process is repeated as expenditures are completed and new needs arise. Capital improvement planning looks five years into the future. For a City to use its authority to finance expenditures under Section 475.521, it must nneet the requirements provided therein. Specifically, the City Council must approve the sale of capital improvement bonds by a three -fifth majority of its membership. In addition, it must hold a public hearing for public input. Notice of such hearing must be published in the official newspaper of the City at least fourteen, but not more than twenty-eight days prior to the date of the public hearing. The City Council approves the CIP following the public hearing. Although a referendum is not required, a reverse referendum is allowable. If a petition bearing the signatures of at least five percent of the votes cast in the last general election requesting a vote on the issuance of bonds is received by the municipal cleric within thirty days after the public hearing, a referendum vote on the issuance of the bonds shall be called (if a vote is taken and the referendum passes, the taxes would be levied on market value rather than tax capacity). Page 14 of 130 IV. PROJECT SUMMARY The expenditUl-CS to be undertaken with this CIP are limited to those listed below. All other foreseeable capital expenditures within the City government will collie through other means. The following expenditt.tees have been submitted for inclusion in this CIP: Rehabilitation and/or Replacement of the City Hall Facility, including the Police Department and Public Works Areas Therc are not other pt,ojects constituting a capital improvement within the meaning of Minnesota Statutes Section 475.521 contemplated at this time. To be undertaken within the next 5 years. The statute has established certain criteria that must be met. Under- these criteria, the City has considered the following eight points: I . Condition of the City's infrastructure and need foe the project. 2. Demand for the improvement. 3. Cost of the impt-ovement. 4. Availability of public resources. 5. Level of overlapping debt. G. Cost/benefits of alteenative uses of funds. 7. Operating costs of the proposed improvements. 8. Options foe shared facilities with other cities or local governments. The CIP is composed of projects that will allow the City's departments more space in an expanded area. The City has analyzed the eight points requieed pee statute for each project on an individual basis and as a whole. Their findings are as follows: PROJECT: Rehabilitation and/or Replacement of the City 1-Iall Facility Conditions of City Infrastructure and Neal for the Project The CLU•rent City hall Facility, hereafter referred to as the "facility" is in average condition and large approximately 35 years old with major updates in 1980 and 1989 1-lowevee, due to continued growth in the area, additional space is needed to house personnel, equipment and supplies necessary to continue to provide adequate public services for the next 50 years. (please see Exhibit A) Demand for Project As mentioned above the current facility does not provide adequate space for personnel, equipment and supplies. Moreovee, in the next few years, the cuerent Facility will need major repairs to its roof, HVAC systems, compliance with Americans with Disabilities Act and other improvements to bring the City facilities into compliance with its own zoning codes. Page 15 of 130 Estimated Cost of the Project Tile project is estimated to cost of the project ranges between $7.5 Million for a new Facility to approximately $1.75 million for a rehabilitation and expansion of the CCrrrent facility. Availability of Public Resources The City's portion of the project may be funded by a combination of general property tax levy and available resources on hand. Relative Costs and Benefits of Alternative Uses of the Funds The need for additional space and pending building repairs has been discussed for several years. The space limitations with the current Facility make this project necessary for the City. There are no significant alternatives for fiends designated for this project. Operating Costs of the Proposed Improvements A larger Facility will likely require higher maintenance costs, but it is hoped that through the application of LEED certified building elements, these cost differential will be minimal. The current Facility is not economical nor- energy efficient by ctn-rent standards. Options for Shared Facilities with Other Cities or Local Government The Facility is and will be entirely owned by the City. Page 16 of 130 Level of Overlapping Debt The City does not have any other capital itnpl-OVC111ellt 17onds outstanding. Indirect Debt" 200612007 2006/2007 Tax Tax Capacity Calmeily Value Issuer- Vcrluetll in (;ill (1) Washington Cottrrty $ 273,358,492 $7,356,523 ISD No. 834, Stillwater 85,874,241 7,356,523 NMISD No. 916 261,805,893 7,356,523 Metropolitan Council 3,038,442,757 7,356,523 Metro Transit 2,583,170,505 7,356,523 1'er"CL'71la�rL' 1'C��hQ}L'T"S �ppliccrble Share in Cit) Net Debt o Deb 2.69% $ 54,295,000(Z) $ 1,460,536 8.57 65,563,464(3) 5,618,789 2.81 12,320,000(4) 346,192 .24 8,673,927(5) 20,837 28 122,283,681((') 342,394 Ale/ Indirect Debt: 7.788,728 Only those jurisdictions with outstanding bond indebtedness are shown above. (t) Tax Capacity Values are after lax increment, 10%of200kV transmission line. and liscal disparity contribution adjustments and be[bre fiscal disparity distribution ad.justrnem. (2) Washington County has bond indebtedness of $54,295,000 as of December 31, 2006. (3) ISD No. 834, Stillwater, has bond indebtedness of $74,990,000 and sinking funds of $9,426,536 as of hme 30, 2007. (4) Northeast Metro Intermediate School District No. 916, reported bond indebtedness ol'$12,320,000 as of'December 31, 2006, 0) Dcductions: (A) $882,4807000 Metropolitan Waste Control Commission Debt as of March 15, 2007. Now 1: Debt Service on (A) above is 100%self'sopportcd from revenuesofthe Metro Sanitary Sewcr system, although the bonds are flull faith and credit I)onds. Sinking Binds o1.9110,639,920 and escrow funds o1' $8,016,458 have not been deducted because said Cunds are attributable to (A) above. Sinking fund/escrow balances are as of December 31, 2006. Note 2: The only tax supported bond indebtedness is $18,775,000 as of March 15, 2007 and sinking finds of $10,101,073 as of December 31, 2006. (6) Metro Transit has bond indebtedness of $162,505,000 as of March 15, 2007 as well as sinking fluids of -S] 61281,784 and escrow funds of $16,629,535 as of December 31, 2006. This debt is issued by the Metropolitan Council 1'01' all public transit operations in the transit district, of which Metro'lTransit is the largest public transit provider, and is payable from ad valorem taxes levied ou all taxable property within the Melropolitan Traiasil District. Page 17 of 130 V. f'INANCING THE; CAPITAL I MRPOVEM ENTPLAN '.Fhe total amount of requested expenditures under the CIP is $7,358,000. If these expenditures are to be funded, that arnount of 11101ley is anticipated to be generated through the tax levy and the sale of $7,500,000 in bonds over the five-yearperiod. In the financing of the C1111, two statutory limitations apply, Under Chapter 475, with few exceptions, cities cannot incur debt in excess of 2% of the assessor's Taxable Market Value (TMV) for the City. In the City, the TMV is $579,089,800. Therefore, the total amount of outstanding debt cannot exceed $11,581,796. As of October 23, 2007, the City had no debt subject to the legal debt limit. Another limitation on bonding under- the CIP Statute (475.521) is that without referendum, the total amount of principal and interest in any one year for CIP debt cannot exceed 0.16% of the TMV for the City. Fit- the City of Oak Park Heights, the amount is $926,544 ($579,089,800 x .0016). The principal and interest payments for the City portion of the debt are estimated to be approximately $657,500 in collection year 2008, gradually increasing to $820,000 in collection year 2022 (this arnount takes into account the required 105% debt service coverage for the City's portion of the bonds). Under the CII', the City will secure $7,500,000 in 20 -year general obligation bonds in the year 2007 to finance the Municipal Government Center. The par amount of the Bond Issue is based on the amounts listed in Appendix A. The City's proposed general obligation capital improvement bonds (including issuance costs) are shown in Appendix B. Continuation of the CaI>ital Improvement Plan "],his CIP should be reviewed annually by the City Council using the process outlined in this plan. "The City Council should review proposed expenditures, make priority decisions and seek funding for those expenditures it deems necessary for the City, if deemed appropriate, the City Council should prepare an update to this plan. Page 18 of 130 APPENDIX A PROJECT COSTS (Capital Expenditures to be Funded with Bond Proceeds) 2008 Expenditures Estimated Hard Cost of New City I -call Facility 7,358,000 Estimatecl Soft Costs 2.53,900 Less: Estimated Construction Interest Di'aw ( l 1 1,900) "Total Uses of Funds: x00.000 Page 19 of 130 APPENDIX B PROPOSED CIP 13OND ISSUE 2007 General Obligation C11' Issue Net Debt Service Schedule YEAR (12-1) PRINCIPAL EST. INTEREST RATES INTEREST TOTAL DEBT SERVICE 2007 2008 $340,000.00 3.55% 286,087.50 626,087.50 2009 350,000.00 3.55% 274,017.50 624,017.50 2010 365,000.00 3.55% 261,592.50 626,592.50 2011 385,000.00 3.60% 248,635.00 633,635,00 2012 400,000.00 3.60% 234,775.00 634,775.00 2013 425,000.00 3.60% 220,375.00 645,375.00 2014 440,000.00 3.65% 205,075.00 645,075.00 2015 475,000.00 3.75% 189,015.00 664,015.00 2016 500,000,00 3.80% 171,202.50 671,202.50 2017 540,000.00 3.85% 152,202.50 692,202.50 2018 575,000.00 3.90% 131,412.50 706,412.50 2019 615,000.00 3.95% 108,987,50 723,987.50 2020 650,000.00 4.00% 84,695.00 734,695.00 2021 690,000.00 4.05% 58,695.00 748,695.00 2022 750,000.00 4.10% 30,750.00 780,750.00 2023 0.00 0.00% 0.00 0.00 2024 0.00 0.00% 0.00 0.00 2025 0.00 0,00% 0.00 0.00 2026 0.00 0.00% 0.00 0.00 2027 0.00 0.00% 0.00 0.00 7,500,000.00 2,657,517.50 10,157,517.50 Page 20 of 130 APPENDIX C 5 -Year City Capital Improvement Plan Bond Issuance City of Oak Park Heights, Minnesota The City Council must take the following actions before bonds can be issued: City Council directs preparation of a 5 -year Capital Improvement Plan City Council conducts a Public Hearing on issuance of bonds and Capital Improvement Plan City Council approves bonds and Capital Improvement Plan by at least a three-fifths vote of the Council membership The table below lists the steps in issuing process: 9/12/07: City Council adopts Resolution Calling for Public Hearing on ISSUance of Bonds and on Capital Improvement Plan. 9/28/07: Close date to get Notice of Public Hearing on Issuance of Bonds and on Capital Improvement Plan to official newspaper for publication. 10/4/07: Publish Notice of Public Hearing on Issuance of Bonds and on Capital Improvement Plan (publication no more than 28 days and no less than 14 days prior to Dearing date). 10/23/07 @ 7:00 p.m.: City Council Holds Public Hearing on Bonds and on Capital Improvement Plan and adopts resolution giving preliminary approval for their issuance and approving Capital Improvement Plan by at least a three-fifths vote of the Council membership. 11/22/07: Reverse referendum period ends (within 30 days of the public hearing). 12/10/07: City Council accepts offer for bonds and adopts resolution approving sale of bonds. 118108: Tentative closing/receipt of funds. Net Debt Limit Assessor's Taxable Market Vallte $ 579,089,800 Multiply by 2% 0.02 Statutory Debt Limit 11,581,796 Less Debt Paid Solely fi-om `faxes 0 Unused Debt limit $ 11,581,796 Annual Levy Limit per County Value Assessor's Taxable Market Value S 579,089,800 Multiply by .16% 0.0016 Statutory Levy limit 926,544 Less City Debt Issued under CIP 0 Unosed Levy Limit $ 926,544 Page 21 of 130 This Page Is Left Intentionally Blank. Page 22 of 130 Oak Park Heights Request for Council Action Meeting Date October 23, 200 Agenda Item Rec clip Award _Time Required o Agenda Placement Visitors Public Comment Originating Departme 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 23 of 130 CITY of OAK PARK HEIGHTS 14168 Oak mark 13oi41eWrd No. • P.O. Box 2007 • Oak Park Ileighm MN 55082-2007 • Phone: 651/434-4439 • Pax: 651/434-0574 October 18, 2007 Quentin Nordeen 5565 Oakgreen Ave N. Oak Park Heights, MN 55082 Dear Mr. Nordeen: Thank you for participating in the City's recycling program. As an incentive to recycle and to increase fire prevention awareness, the City rewards two residents each month with their choice of an award of $25.00 or a fire extinguisher and/or smoke detector(s). Your residence was checked on Thursday, October 18, 2007 to determine if you had your recycling bin out with your regular garbage. Your recycling was out and ready for collection; therefore, you are one of this month's winners. Please contact me at 439-4439 at your convenience to arrange for delivery of the reward of your choice. On behalf of the Oak Park Heights City Council, thank you for participating in the City's recycling program. Con ratulation J,'-- Jenn>, cr Thoen Administrative Secretary/Deputy Clerk Pnno 7a of i zn Tree City U.S.A. r Oak Park Heights ENCLOSURE Request for Council Action Meeting Date October 23, 2007 Agenda Item Approve October g, 2007 City Council Minutes Time Required o Agenda Placement Consent Agenda Originating Departme Requester's ,Signature Action Requested Approve Background/Justification (Please indicate any previous action has been taken or if other public bodies have been advised). Page 25 of 130 CITY OF OAK PARK HEIGHTS 7:00 P.M. TUESDAY, OCTOBER 9, 2007 CITY COUNCIL MEETING MINUTES I. Call to Order/Pledge of Alleaiance/Approval of Agenda: The meeting was called to order at 7:00 p.m. by Mayor Beaudet. Present: Councilmernbers Abrahamson, Doerr, McComber and Swenson, Staff present: City Administrator Johnson, City Attorney Vie€ling and Police Chief Swanson. Absent: City Planner Richards and City Engineer Postler. Mayor Beaudet added "STH 36 Frontage Roads" to Old Business as Item B and "Approve City Administrator Contract as Recommended by City Attorney" to Old Business as Item C. Councilmember McComber stated that the public hearing for Consent Agenda Item C will be held oil Wednesday, November 6, 2007. Councilmember McComber, seconded by Councilinember Doerr, moved to approve Agenda as amended. Carried 5-0. II, Department/Council Liaison Reports: A. Planning Commission: Couneilinember Abrahamson reported that the Comprehensive Planning Committee will meet at 6:30 p.m. onThursday, October 11, 2007 and the Planning Commission will meet at 7:30 p.m. oil that date with one public hearing on the proposed B-3 zoning ordinance amendment. B. Parks Commission: Councilmember McComber reported that the next meeting of the Parks Commission is October 15, 2007 at 6:30 p.m. at City Hall with a park walkthrough commencing at 5:00 p.m. on that date. C. Cable Commission: Councilmcmber Doerr reported that the ICC wants to go retroactive oil existing franchises. lie stated that more lawsuits have been filed. He reported that the next task force meeting is set for Friday, October 12, 2007 regarding telecommunication issues within the State of Minnesota. D. Water Management Organizations/Middle St. Croix: Mayor Beaudet reported that the Middle St. Croix WMO's next meeting is October 11, 2007 at 7:00 p.m. at the Washington Conservation District Office. E. Other Liaison/Staff Reports: Mayor Beaudet reported that the fall cleanup is scheduled for October 13, 2007. Councilmember Doerr reminded residents that the clean-up is for Oak Park Heights residents only. Mayor Beaudet invited residents to attend the Autuni:n Hills Park Shelter Ribbon Cutting/Dedication Invent scheduled for Monday, October 15, 2007 at 6:00 p.m. Page 26 of 130 Cite Council Meeting Minutes October 9, 2007 Page 2 of 4 111[1(. Visitors/Public Comment: Recycling; Award: Administrative Secretary Thoen reported that Mrs. Evelyn Serier of 14823 57`x' Street North was selected as the recycling award winner. IV. Consent Agenda: A. Approve Bills & Investments B. Approve City Council Minutes — September 25, 2007 C. Set Public 1-Iearing for Increase in Off -Sale and On -Sale Liquor License Fees D. Award "Free Removal Bid to St. Croix `Free Service I3. 2007.-- 2008 Snow Plow Contract F. Ordinance Amending; Section 1202.10.17.2 of Cliapter 1202 of the Code of Ordinances G. Police Officer Hire Councilmember MCComber, seconded by Councilmember Doerr, moved to approve the Consent Agenda as presented. Roll call vote taken. Carried 5-0. V. Public Hearinj4s: None VI. Old Business: A. City Hall Facility: Mayor Beaudet reported that the City Council held a worksession prior to the City Council meeting and that the City Council will hold a public hearing on October 23, 2007 at 7:00 p.m. to discuss the building; and the possible issuance of bonds. Mayor Beaudet, seconded by Councilmember Swenson, moved to direct the City Administrator to discuss with the architect a design similar to the Village Hall in Winneconne, Wisconsin, having an indoor impound lot, leaving the existing; green space on the south side of the site, and the location of the building being as far north on the site as possible. Carried 5-0. I3, STH 36 Frontage Roads: Mayor Beaudet reported that the City Council held a worksession regarding a road maintenance agreement prior to the meeting. Councilmember Doerr, seconded by Councilmember McComber, moved to direct staff to prepare a preliminary cost estimate of maintenance and a memo of recommendation. Carried 5-0. C. Approve City Administrator Contract as Recommended by City Attorne : Councilmember Swenson, seconded by Councilmember MCComber, moved Page 27 of 130 City Council Meeting Minutes October 9, 2007 Page 3 of 4 to approve the City Administrator contract as recommended by the City Attorney and to direct the Mayor to sign it. Carried 5-0. V11. New Business: A. Receive Donation to Police Dept.: Police Chief Swanson reported that the Police Department received a donation of $50.00 from RMG who sends donations on behalf of clients. He stated that John Lindahl of Oak Park Heights designated the Oak Park Heights Police Department as a recipient of the donation. Councilmember Doerr, seconded by Councilmember McComber, moved to approve the Resolution. Roll call vote taken. Carried 5-0. B. Install Additional Lighting in the City Parks: Councilmernber McComber reported that lighting in the parks came up at her neighborhood crime meeting which was held recently. The members of the meeting suggested more lighting because the parks are very dark and there have been issues with vandalism occurring in the parks lately. McComber suggested lights be placed that will not be obtrusive to neighbors. She stated they could possibly be motion sensor lights. She suggested that Public Works use their discretion on the location of the lights. Cott nciIrnember Abrahamson, seconded by Mayor Beaudet, moved to have the Parks Commission look at the parks to come up with a recommendation on lighting. Carried 5-0. C. Discuss Cc Ord. 601 -- Regulating Doss and Cats in the City: Councilmenlber McComber reported that this is another issue that came up at her neighborhood crime meeting. She stated that people have been attacked on City trails by dogs that were not leashed. She stated that there is a problem with enforcing these issues because usually by the time the police are called and appear the offender is no longer in the area. Councilmember Doerr stated that residents need to make police reports when attacks or ordinance violations occur. Police Chief Swanson requested that residents obtain license plate numbers if possible. Councilmernber McComber stated she encourages residents to have block meetings or submit tips on the tip line. Councilmember Swenson, seconded by Councilmember McComber, moved to amend the ordinance to state that pets must be on a leash while on trails and in parks. Mayor Beaudet stated he was concerned about making that amendment because some residents bring their pets to the park and let them run in the enclosed hockey rink which seems harmless. City Attorney Vierling stated that the ordinance can be worded to say that pets must be leashed in parks and on trails except in designated areas. I -Ie stated that the City would then need to place signs in the designated areas Page 28 of 130 City Council Meeting Minutes October 9, 2007 Page 4 of 4 where the pets do not need to be leashed. Motion withdrawn by Councilmember Swenson and Councilmember MCComber. Councilmernber MCCOmber, seconded by Councilmember Swenson moved to direct the City Administrator to place this issue on the Parks Commission Agenda in order to obtain a recommendation. Carried 5-0. D. CVB and Lod gin 7 'Fax: Mayor Beaudet stated that the City of Stillwater passed the CVB and lodging tax proposal by the Chamber of Commerce. He stated that the Chamber of Commerce may appear at the next council meeting. Councilmember McComber stated that she watched the Stillwater Council Meeting regarding this issue and it was unclear whether the Chamber of Commerce had 100 percent support from the hotels and B&Bs. Councilmernber Swenson requested that the City obtain something in writing from the Oak Park Heights hotel and B&B informing whether they support or do not support the lodging tax. Mayor Beaudet questioned how much time the State needs in advance if this issue needs to be presented to them. VIII. Closed Session: A. City Administrator Contract: This item was removed from the Agenda. B. Labor Negotiations: City Attorney Vierling stated that at this point in the meeting the council would adjourn to a closed session at the advice of the City Attorney to discuss matters of labor negotiations. He stated that pursuant to Minnesota Statute Section 13.D. the closed session would be tape recorded, and that the recording will be maintained for two years. City Attorney Vierling reported that during the closed session the council had a discussion regarding matters of labor negotiations and that no action would be taken at this time. IX. Adjournment: Councilmember Swenson, seconded by Councilmember McComber, moved to adjourn the meeting at 8:25 p.m. Carried 5-0. Respectfully submitted, Jennifer Thoen Administrative Secretary/Deputy Clerk Approved as to Content and Norm, David Beaudet Mayor Page 29 of 130 This Page Is Left Intentionally Blank. Page 30 of 130 Oak Park Heights Request for Council Action Meeting Date October 23 2.007 Agenda Item Title Payment Request #1 to LeadCon, Inc. for Rehab of 250,000 Gallon Elevated Tank Agenda Placement Consent Originating Department/Requestor Finance - Judy Holst, Deputy Clerk/Finance Director Requester's Signature Action Requested Approve 1 st payment request to LeadCon, Inc, for Rehab of 250,000 Gallon Elevated Tank Background/Justification (Please indicate any previous action, financial implications including budget information and recommendations). See attached memo and pay request. Page 31 of 130 Memo To: Mayor and Council From: Judy Holst, Deputy Clerk/Finance Director Date: October 18, 2007 Re: Water Tower Rehab Pay Request No. Please accept for the October 23"' Council meeting agenda the attached request for payment to LeadCon, Inc. in the amount of $126,920.00 for the first payment for painting and rehab of the 250,000 gallon elevated water tank. The payment has been approved by engineering and reviewed by the Finance Department. The Finance Department recommends approval of this payment. Thank you. Page 32 of 130 Al. r Bonestroo Dwner: City of Oak Park Heights, 14168 Oak Park Blvd , Oak Park Heights, MN 55082 fate: September 27, 2007 :or Period: 4/2/2007 to 9/27/2007 Request No: 1 ontractcr: LeadCon, Inc., P.O. Box 907, Hudson, WI 54016 CONTRACTOR'S REQUEST FOR PAYMENT OAK PARK HE#GHTS 250,000 GALLON ELEVATED TANK REPAINT BONESTROO FILE NO. 000055-07147-0 SUMMARY 1 Original Contract Amount 2 Change Order - Addition $ 0,00 3 Change Order - Deduction $ 2,000,00 4 Revised Contract Amount 5 Value Completed to Date 6 Material on Hand 7 Amount Earned 8 Less Retainage 5% 9 Subtotal 10 Less Amount Paid Previously 11 Liquidated damages - 12 AMOUNT DUE THIS REQUEST FOR PAYMENT NO, 1 Recommended for Approval by, BONESTROO s Approved by Co ractor. Approved by Owner: LEADCON, INC. CITY OF OAK PARK HEIGHTS Specified Contract Completion Date: Date: October 19, 2007 000055-07147-0 PR1.As $ 296,650.00 $ 294,650,00 $ 133,600,00 $ 0.00 $ 133,600.00 $ 6,680.00 $ 126,920.00 $ 0.00 $ 0.00 $ 126,920.00 Page 33 of 130 Page 34 of 130 000055.07147-0 PRI KTs Contract Unit Quantity Amount No. Item Unit Quantity Price to Date to Date BASE BID: 1 MOBILIZATION, MOVE IN AND OUT INCLUDING CLEAN UP LS 1 5000.00 0.5 $2,500.00 2 EXTERIOR CLEANING, SURFACE PREPARATION, DISPOSAL AND PAINTING AS SPECIFIED LS 1 60000,00 0.3 $18,000.00 3 INTERIOR WET CLEANING, SURFACE PREPARATION, DISPOSAL AND PAINTING AS SPECIFIED LS 1 6500000 0.7 $45,500.00 4 INTERIOR DRY CLEANING, SURFACE PREPARATION, DISPOSAL AND PAINTING AS SPECIFIED LS 1 3000000 $0A0 5 STRUCTURAL REPAIRS AND MODIFICAT)ONS AS SPECIFIED IN SECTION 15240 -STEEL WATER RESERVOIR REPAIRS LS 1 3500000 0.85 $29,750.00 6 ALLOWANCE FOR NON-SPECIFIED WELDING AND GRINDING REPAIRS PER SECTION 15240 - STEEL WATER RESERVOIR REPAIRS HR 85 90.00 85 $7,650.00 7 FULL, NEGATIVE -AIR CONTAINMENT LS 1 62000.00 0.5 $31,000.00 8 REGRADE S3TE AROUND TANK TO DRAIN TO STORM BEEHIVE STRUCTURE LS 1 3000.00 $0.00 9 SODDING, LAWN TYPE WITH 4" OF TOPSOIL SY 200 20.00 $0.00 10 4'X6' OVERFLOW SPLASH PAD LS 1 1000.00 $0.00 TOTAL BASE BID: $134,400.00 ALTERNATE NO, 1 - CATHODIC PROTECTION SYSTEM: 11 INSTALL A NEW CATHODIC PROTECTION SYSTEM INSIDE THE WET INTERIOR AS SPECIFIED IN SECTION 16640 - (ADD) LS 1 12000.00 0.1 $1,200.00 TOTAL ALTERNATE NO. 1 - CATHODIC PROTECTION SYSTEM: $1,200.00 ALTERNATE NO. 2 - REPLACE EXPANSION JOINT: 12 REMOVE THE EXISTING RISER PIPE EXPANSION )DINT AND REPLACE WITH A NEW STAINLESS STEEL EXPANSION JOINT - (ADD) LS 1 12000.00 $0.00 TOTAL ALTERNATE NO. 2 - REPLACE EXPANSION JOINT: $ 0,00 CHANGE ORDER NO. 1: 1 CHANGE !N CONTRACT TIMES LS 1 -2000.06 1 $2,000.00 TOTAL CHANGE ORDER NO. 1: ($2,000.00) TOTAL BASE BID: $134,400.00 TOTAL ALTERNATE NO. 1 - CATHODIC PROTECTION SYSTEM: $1,200,00 TOTAL ALTERNATE NO. 2 - REPLACE EXPANSION JOINT: $0.00 TOTAL CHANGE ORDER NO. 1: ($2,000.00) TOTAL WORK COMPLETED TO DATE $133,600.00 Page 34 of 130 000055.07147-0 PRI KTs PROJECT PAYMENT STATUS OWNER CITY OF OAK PARK HEIGHTS BONESTROO FILE NO. 000055-07147-0 CONTRACTOR LEADCON, JNC. CHANGE ORDERS No. Date Description Amount 1 5/31/2007 This Change Order is for a change in contract time. -$2,000.00 Total Change Orders ($2,000.00) PAYMENT SUMMARY No. From To Payment Retainage completed 1 04/02/2007 1 09/27/07 126,920.00 6,680.00 133,600.00 Material on Hand Total Payment to Date $126,920,00 Original Contract $296,650.00 Retainage Pay No. 1 6,680.00 Change Orders -$2,000.00 Total Amount EaTned $133,600.00 Revised Contract $294,650.00 Page 35 of 130 000055-07147-0 PR1.xis This Page Is Left Intentionally Blank. Page 36 of 130 i Oak Park Heights Request for Council Action Meeting Date October 23., 200 Agenda Item Approve Kennel Permit Application made b Susan Roett er Time Required o Agenda Placement Consent Agenda Originating Departmei Requester's Signature Action Requested Approve Background/Justification (Please indicate any Previous action has been taken or if other public bodies have been advised). Page 37 of 130 CITY OF OAK PARK HEIGHTS ♦KENNEL PERMIT APPLICATION 14168 Oak Park Boulevard P.O. Box 2007 Oak Park Heights, MN 55082 (651) 439-4439 Fax: (651) 439-0574 Applicant Name: Address: Phone Number Pet Information: Name Sex Spayed/Neutered f� PC A)( on Application Fee: $100.00 First Time: Renewal: Work: :0'e Color Breed OPH Dog tag # I **Proof of rabies vaccination for each pet must be submitted with application Having made full payment of the application fee and submitted proof of rabies vaccination for each pet indicated above, I/we request a Kennel Permit be granted and agree to operate said kennel in accordance with the City of Oak Park Heights Domestic Animal Ordinance 601. f f /, Date: J lC� '� Signature: �M14-1 �t. A'Z 7 Date: Signature: A *A (._ f._7`\.l --- �� lq_�`�a_.. - Approved 1 Denied this day of by the City Council of the City of Oak Park Heights. Mayor City Administrator Page 38 of 130 e. Oak Park Heights Request for Council Action Meeting Date October 23 2007 Time Required: woos u Agenda Item Title:. Approval of $225,000 Interfund Loan from the Capital Revolving Fund to the Water Rehabilitation Fund Agenda Placement Originating Department/Req4g4stor Finance -Judy Hoist, Deputy Clerk/Finance Director Requester's Signature Action Requested Approve Interfund Loan in the amount of $225,000 from the Fund to the Water Rehabilitation Fund. Interest 4% per year. Loan to be repaid over 2 years. Background/Justification (Please indicate if any previous action has been taken or if other public bodies have advised): See attached Memo from Deputy Clerk/Finance Director Page 39 of 130 a Memo October 19, 2007 To: Mayor and Council From: Judy Holst, Deputy Clerk/Finance Director Re: Interfund loan for Rehabilitation of Water Tower #I Beginning with the year 2007, the Water Utility Fund has scheduled transfers of $160,000.00 per year to the Water Rehabilitation Fund for the purpose of rehabilitating water towers 41 and 42. The $160,000.00 transfer is anticipated to continue until the rehabilitation of both towers is complete. Rehab of tower 41 will be completed in 2007 and tower 42 is anticipated to be completed in 2010 or 2011. The City Council will determine the amount needed for future rehabilitation when setting their future budgets. Estimated costs for tower 41 rehabilitation project are: Contract costs $304,450.00 25% engineering costs $76,112.50 Total estimated costs $380,562.50 Estimated funding: 2007 transfer from Water Utility Fund $160,000.00 Interfund loan from Capital Revolving Fund $225,000.00 Estimated Interest $4,700.00 Total funding $389,000.00 At the March 27, 2007 Council Meeting a motion was approved to create a loan from the Capital Revolving Fund to the Water Rehabilitation Fund to pay the remainder of the construction costs for rehabilitation of the 250,000 gallon elevated tank project (water tower #1). I am estimating $225,000.00 will be needed as of November 1, 2007 from the Capital Revolving Fund to pay the remainder of the construction costs. The current interest rate the City is receiving on investments of 4% will be the rate of interest on the principal amount due on the loan. The loan will be repaid within 2 years with principal and interest due January 1, 2008 and January 1, 2009. The loan payment schedule is: January 1, 2008 Principal Interest January 1, 2009 Principal Interest Total payments $160,000.00 $1,504.11 $65,000.00 $229,104.11 Page 40 of 130 I recommend approval of an interfund loan from the Capital Revolving; Fund to the Water Rehabilitation bund in the amount of $225,000.00 with repayment of loan as stated above. Page 41 of 130 This Page Is Left Intentionally Blank. Page 42 of 130 0ENCLOSURE Oak Park Heights Request for Council Action Meeting late October 23"j 2007 Time Required: _.,.. 1 Minute Agenda Item Title: Appoint Macomber as �Iotin Iele,gate to National League of Cit ies Agenda Placement Originating Requester's Signature Action. Requested Background/justification (Pl e indicate if any previous action has been taken or if other public bodies have advised): The City has received notice from the National League of Cities (NLC) requesting that it officially designate a `Voting Delegate" to participate in the NLC Annual Business Meeting to at the conclusion of the Congress of Cities Deposition -- held in New Orleans, LA on Nov 17"', 2007. The City Council has authorised Councilmember McComber to attend the meeting representing the Cit;, but the City should officially designate her as the Voting Delegate compliant with NLC: request. Page 43 of 130 To strengthen and promote cities as centers Of 0,01POrinflity leadershiF), and September 28, 2007 governance, MEMORANDUM National League TO: Direct Member Cities of Cities FROM: Donald J. Borut, Executive Director 1301 Pennsylvania Ave., lv.w. SUBJECT: Congress of Cities Voting Delegates Washington, OC 20004-1763 202-626-3000 The National League of Cities Annual Business Meeting will be held on Fax: 202-626-3043 Saturday, November 17, 2007, at the conclusion of the Congress of Cities and www.nlc.org Exposition in New Orleans. As a direct member city, your city is entitled to vote at this meeting. Based on population, each member city casts between 2007 Officers one and twenty votes. The number of votes for each population range can be President sartPaterson found on the table on the reverse of this memorandum. Mayor Indianapolis, Indiana first Vice President To be eligible to cast a city's vote, a voting delegate and alternate must be Cynthia McCollum officially designated by the city using the enclosed credentials form. This Council Member Madison, Alabama form will be forwarded to NLC's Credentials Committee. NLC bylaws Second Vice President expressly prohibit voting by proxy. City elected officials should be made Kathleen Novak aware of this request so that decisions can be made as to who will be the Mayor Noilinglenn,Colorado voting delegate and alternates). linmediate Past President James Nan' Councilmemhar ancilm At the Congress of Cities, the voting delegate must pick up the city's voting Clarksbarg,West Vlfginla card at the credentials booth before the Annual Business Meeting and must be Executive oirector present at the Annual Business Meeting to cast the city's vote. Alternates Donald J. Horut should also visit the credentials booth before the meeting to pick up their stickers which identify them as alternate voting delegates. The credentials booth will be open throughout the Congress of Cities. Please return the completed form to NLC by fax at 202-626-3043 on or before October 31, 2007, and keep the original for your own, files. If you - have any questions or concerns, contact Ken Rosenfeld, NLC policy manager, at rosenfeld@nlc.org or 202-626-30.27. Thank you. Pas' Presidents: Ami Mayor. Clarence E. AmSoufT Bay, Florida • John DeStafono, Jr., Mayor New Haven, Connecticut • Brian J. O'Neill, Councilman, Philadelphia. Pennsylvaria • Direczorsr H. Michael Amyx, Executive Director, Virginia Municipai League • Susan Burgess, Mayor Pro Tem, Charlotte, North Carolina • Thomas Carlson, Mayor. Springfield, Missouri • Susan Cave, Executivo Director, Ohio Municipal League • Deborah Berard Delgado, Councilwoman, Hattieshurg, Mississippi • Joseph Donaldson, Mayor, Flagstaff, Aril • Pat Eklund, Council Member, Novato, California • Tad Ellis, Mayor, Bluffton, Indiana • Makia Epic, Council Member, Cedar Bill, Texas • Margaret Finlay, Councilmember, Duarte. Calilomla • Rene Flowers, Councilmomber, SL Petersburg, Florida • Join Prankfin, Councilurember, Chananooga, Tennessee • Gary Graham, Mayor, O'Fal€on, Illinois • Donald A. Groesser, Mayor, Ralston, Nebraska • Jeanne Harris, Councilmambar, Vancouver, Washington • Dann S. Hasler, Council Member, Norfolk. Virginia • Charles Hughes, Counclman-Aldarge, Gary, Indiana • Steven Jeffrey, Executive Director, Vermont League of Cities and Towns • Michael E. Johnson, Council Member, Phoenix, Arizona • Martin Jones, Council Member, Conyers. Georgia • Jennifer L Him, Council Member, Austin, Texas • Daisy W. Lynum, Commissioner, Orlando, Florida • Margaret Mahery, Executive Director, Tennessee Municlpal League • Cynthia Mangini, Councilman -At -targe. Enfield. Connecticut • Marcia Mareoux, Councilmember, Rochester. Minnesota • Henry Marraflo, Jr., Councilman, Gaithersburg. Maryland • Tom Ed McHugh, Executive Director, Loulsiaaa Municipal Association • Darryl Mass, Mayor, Creodmonr, North Carolina • James Parkins, Jr., Mayor, Sabra, Alabama • Daniel Pocek, Mayor, Bedford 0"0 • Richard Radcliffe, Councilman, Groenacres, florido • Lynn Flux, Executive Director. League of Nebraska Municipalities • Julie Aborg Rabisoa, Council MembarAt Large, Cary, Noah Carolina • Slgeyl� oq 1p Mcrtr�eh1r i, Ari2ona Anne Sinclair, Council Member, Colombia, South Carolina • Walter Skowron, Council Member, Loveland, Colorado • Connie Sprynczynalyk, Executive Director, orifi' a a League ohh`*riire-! � a4brobeck, Rectcled Paper Executive Director. League of A62011a Cities and Towns • Lynne Whalen, Council Woman. Casper, Wyoming • Dennis Zino, Councilman, Los Angeles. California W Z�m r CO -; Nrs0 CD rti O t O CD o o O y m m0 91 o o� m m W c �3• m ro o W 0 0 D O l< N W zm C (1 N (D c r rn ccm 0K= m v CD tNiF D 0 CD TS Zr CD m o CL ion ZO _ v� 3NCS N O n 4n M `a O V)Q wr CD :w j Q CL @ Q _ m S a m W (1 -0 Z SU (D 0 mCD ti o ro N N ((p cy -� a N CL 0. N N ro n CL 0 0. CL (0 CD C) �V CD CL CD 0 !�, :r RC2(D ro o 0 = z ��n = M O M i (Q rt rt H Cr . o. -00 CLro m rt N D Z O 00 f O A) � = CD CO Page 45 of 130 O � � o o O N ccnzi 91 �3• c to ro N M O V3 CW' m 4 CD C) �V CD CL CD 0 !�, :r RC2(D ro o 0 = z ��n = M O M i (Q rt rt H Cr . o. -00 CLro m rt N D Z O 00 f O A) � = CD CO Page 45 of 130 This Page Is Left Intentionally Blank. Page 46 of 130 4 >._ "" ENCLOSURE Oak Park Heights Request for Council Action Meeting mate October 23, 2007 Time Required: _ 5 Minutes Agenda Item Title- STH 36 Frontage Loads ____ Agenda Placement Originating Requester's Signature Action Requested Background/Justification bodies have advised): ble indicate if any previous action has been taken or if other public Pursuant to the City Council request, enclosed is a summary report and cost estimate from the City Engineer regarding the City's likely annualized costs should it decide to 66take-over" maintenance responsibilities of the frontage roads. Page 47 of 130 Memorandum To: Eric Johnson, City Project: General Date:10/19/2007 2335 Highway 36w Administrator St. Paul, MN 55313 From: Karen Erickson Client: City of Oak Park Heights Tel 65 1 -636-4600 .. - . ....... . ........ �..._�.. __._._. Fax 651-636-1311 Re: 60"' Street Yearly Maintenance Cost File No: 55-07-000 wwm.bonestroo.com As directed by City Staff we have performed an analysis of the yearly cost to conduct all minor maintenance activities on 00"' Street North between Club Terra and Norell Avenue North. MnDOT has proposed to overlay the frontage road and then enter into an agreement with the City of Oak Park Heights which would require the City to provide the minor maintenance of the road. The following memo describes the maintenance activities included in the cost analysis, the existing roadway data and the estimated yearly cost to maintain 60"' Street North. Maintenance Activities The following maintenance activities used in this analysis were taken from a list provided by MnDOT, 1. Road surface accesses a. Patching and pothole repair b. Joint Sealing C. Sea] Coating d. Pavement Markings e. Signing f. Aggregate shoulder upkeep and repairs g. Ditch cleaning h. Maintenance of drainage structures (culverts, inlets, storm sewer) i. Minor slope repairs j. Sweeping k. Litter and debris collection and disposal i. Graffiti removal 2. Snow and ice removal 3. Vegetation a. Mowing b. Noxious weed control Roadway Data The cost analysis is based on the following roadway data: • Length of road -8100 feet. • Road width- 24' with 2' wide gravel shoulders. • Bituminous Pavement over 20' concrete pavement. • Rural roadway Page 48 of 130 Yearly Maintenance Costs Using the maintenance activities and roadway data described above we estimate the yearly maintenance cost to be $36,000. The maintenance cost will vary year to year because many of the maintenance activities are annualized based on the maintenance frequency. for example, to seal coat the roadway the estimated cost is $33,000, however this activity is not performed on a yearly basis, but rather every 5 years. Therefore, $6,600 was entered for a yearly cost of seal coating. (The maintenance frequency of the activities used in this analysis was based on the "Best Practices Handbook on Asphalt Pavement Maintenance" manual 2000-04- MnDOT. In addition, discussions were conducted with other metro area communities that have bituminous roadways over concrete pavement.) It is recommended that the City considers these cost implications prior to accepting the roadway maintenance agreement from MnDOT. K:155155070001wordlworkinprogressUohnson,_KSE^memo on maintenance costs for 60ih Street Page Z oft Page 49 of 130 This Page Is Left Intentionally Blank. Page 50 of 130 C, Oak Park Heights Request for Council .Action Meeting; Date October 23, 2007 Time Required: 5 Minutes Agenda Item Title: S7 Agenda Placement Ol Originating Department/; Requester's Signature Action Requested _ ?z Background/Justification bodies have advised): CNCLQsURF indicate if any previous action has been taken or if other public I have placed this matter on the agenda to allow some opportunity to discuss as well as to communicate with the public on this matter. For your information, a copy of the ruling is enclosed. Page 51 of 130 10/18/2007 16:40 FAX 651 254 7709 Oct -l's -07 10:11sa From -DASH CNTY COURT ADMIN ADR STAFF AREA FAX Z 00 2 6514305278 1-055 P,07/08 F-933 staw of Minn&sata District Coin WaYA gTon Cowry Tenth Judicial Dict Case Type= Civil Other/Ksc:. Notice of Entry of Judgme,ar RICHARD L vARCO JR STATE ATTORNSY GENSRALS OFFICE 445 MINNESOTA ST STE 1200 ST PAUL MN 55101 in Re: CT 'Y OF OAK PARD HFICHTS HWE vs. STATE OF MRINNESOTA 2 FILES V2 RED You are noti.fiesi that judgmezl was ewe -red cm Octabes 18, 2007 Aatca October 18, 2007 cc. MA=J Vi)=it,1...CNG Chnstina M. Volkcrs Court AdMLnl9rl Or I)*ugi Cain 11dmm;9traror Washh%wn Co mry Dj=a Coun 149x9 - .62nd St. N; PO Sox 3802 Stlilwaw MN 55082 651-430-6263 Page 52 of 130 LS : t70 LOOS-ST-1OQ io/18/2007 16:40 FAX 651 234 7709 ADE STAFF AREA FAX Oct -1B -QT fq:lf�m From -WASH CNTY COURT ADMIN 6514366278 STATE OF MINNESOTA .COUNTY OF WASHIN File # &m*N F WASMIT F I D181RICT COURT j L a 8 7407 L cou FIT AAM;NISTRATOR By deputy City of oak Park Heights, a Mi�rrtaota mutiieipa! eorporari4u, plaintiff., i!& -M State of Minnesota, by its Comrrussiouer• Of Transportatialm Defendants. (a 003 T -D55 P.03/08 F-033 DISTRICT COURT A] Court File: CD -06-6815 ,FDMINGS OF FACT CONCLUSIONS OF LAW AND ORDER The above-entitied matter came before The Honorable B. William Fkstsum on July 20, 2007, at the Washington Coun[y Government Center, Stillwater, Minnesota, Pursuant TO Defendant`s motion to dismiss, PlaiudWs summaty,udgment motion and Plaintiff's motion to compel discovery. Plaijnriffwas rapresentcd by Mark Viffling„ Esq. and JeWter Ncdes, Esq- Defendant was represented by Richard Varko, 3r., Assistant. Attorney General. Based on all the files, rw'ords and proceedings herein, the ,Coun hereby makes the following: FINDINGS O SACT 1, For at ►cast a period of two decades, the Miartcsota and Wisconsin Departments of Tmn:1pcormtion ChMn/DOT' and "Wis/DOT" raspectdvely) 41cnn8 W'th rnunicipaliTics located along chc St. Croix River and affected by the congestion issues have attempted to ;tddress increased rmffic cmgesTioa in and around the Stillwater lift brildge. 2. In the late 1980s and early 1990s, serious discumian and plaruiing began for a replumnME Page 53 of 130 LS : t7o Low-BT-iDo 1,0/1.8/2007 16:40 FAX 651 234 7709 ADE STAFF AREA FAX IZ 004 Ort-te-07 la:Stas From' -WASH CNTY COURT ADVIN 6514206270 T-055 P-04/00 F-131 bridge across the St. Croix River (hereinafter Ede "projece'). 3. In April 1995, aan Environmental Impact Staterncn (.'1rI5"") was completed.' The 1995 Final EIS considered three possible crossing areas, the north, central and south corridors. The 1995 Final EIS recommended that the crossing be in the north aligti enr of the south corridor, 4. On August 14, 1995, The City of Oak Park Hcigbts (rhe "'City„) approved the final layout plans from the MlyDOT regarding the recommended alignment of the bridge. 5. .In 1995, after completion of the Final EIS, work began on the project. in 1996, litigation was commencea aliening that worl: was begirmiag without a detem nation as to whcthcr it Would have a direct: and adverse impart and in violation of tate-Wild and Scenic Rivers Act. Work M the project was halted as a result of the litigation and a finding by the National Park Service (hereinafter "NPS") thar the project as proposed would have a direct and adverse effect on [ht Tower St. Croix .River which was protected under the Wi Id stud Scenic Rivers Act. As a result of the NPS .finding, the federal permits from the U.S. A=Y Corp of Engineers and the Coast Guard could -not be issued. S. J. tigation ensued regarding the N $ finding. The case was filed in Federal district court a, Civil Case No. 4-96-547 and entitled Sierra Club Nort star a t arta Vo crs iortal National.Park Assoc' a aF'Oak PWk Hei his v, ed co Pena Scare of the L.Ais J Starts D artmen ofT o t I. The: United States district Court, the Honorable A= Mantgoixtery, denied summary judgment to MnIDOT which bead hoped to upset the NPS deterrr r=tioa that the proposed project had ata adverse effect on the St. Croix I plaintiff "ucncd drat tw Court Ue Iu4icW roowe oar the 1995 l nViMnTn=t&I IMP= S w"nent 4utcd April 199S, tche 2006 SUPpler=ml Final Euvuosurscntal hapset Statrv=w and the Apo] 13, 1999 M=wrarsdom Opu on and Order, Hon Ann Montgomery. Uniic4 Stares i7atncr Court, DhstncrofMtaacsata Det"rM=% did not oblcct Fiowever, the Cows does not take judicial notica of these docuatents ba does acknowledge the ex,stence oFeberr documents and. Tbat these docurm= Ara part of the record 2 Page 54 of 130 8S:b0 LOPE-BZ-lDQ 10/19/2007 16:40 FAX 651. 234 7709 ADE STAFF AREA FAX OC t-1 B -D7 10:11 F rorr-WASH CRTY COURT ADMIti 6514?062TB River in violation cf the Wild and Scenic: Rivers Act. zoos T-055 P.05/00 F-003 7. Aflcr the April 1995 C 7rder of the Honorable Ann Mr►t agomery, Mri/DOT engaged Richard P. Braun, a retired Mn/DOT conunissioner, to facilitate discussions regarding the bridge A project. Following Mr. Braun's facilitation process, and after the Federal Highway Works Adn*dstraxion pursued a conflict resolution process, a determination was made that a consensus could be reached Fegarding the project. After a determination was made .that partners Were willing to proceed, MwVOT and WisIDOT regulatory agencies and federal reinitiated the project in June 2002- 8. In 2006. a Supplemental Eavironmeanral impact Statement was complete Following ental Eis, the I)epartmcw of Transportation indicated to the completion of the 2406 Supplem City that a submission under the municipal consent statute would be forthcoming. The Project for addressing the traf c: congcsdon and issues relating to the Stillwater Lift Bridge was amended from its 1995 version as a result of the litigation and the subsequent discussions and dispute rMlutionprocess. Changes were made iA the specific ject. However. the focus and papose of the project the implementation of the bridge pro history of the projgcl and thr parties and players to the project reutain the same, 9: The legislature amended the -'Municipal consent layout process in 2001. Minn. Stat. §161,17, §§1,61.171-- 177 were replaced with Miratx. Star. §§151.162 to 161.167. A dispute be.twcen the State and the Ciry arose regarding whether the prior statute ar the cttrrcx►t statute would govera the municipal consent process. Initially,,the Statc indicated that it would be submitting the plan for municipal approvai under tiw previous statutes, Minn. Stat, §161.17, §§161,1-71-177(20()0). In lata correspondence from the State to the City, the Stara indicated that it wciuld be submitting the plan for municipal approval under Minn. Srat. 3 Page 55 of 130 sS : vO Looz-et-IDO 10/1.8/2007 16:41 FAX 651 234 7709 Det -1B-47 10:12am From -WASH CMTY COURT ADMIN ADE STAFF AREA. FAX 0143062TB 9006 T-!155 P.06/00 F-933 §§ 161.162 to 161.167 (2006). The City Maintains drat the prior statutcs are the applicable law, and has provided deposition testimony from the chief author of the 2006 Supplemental EIS on bebAlf of MWDOT, who conf=ned that the same project had layout approval sought from the City of Oak park Heights in 1995. 10. Tru: goal of the project is to Crratc a river crossizxg in Washington County, Ivfinr�esoca to western St. Croix, County, Wisconsin to Sme sigAil5c nt uansportatian needs. This goal did not matadally chnge from 1995 to 2006- 11, 006. I1. The identifying numbe's for the project used by MnlDOT were the s=e or similar in 1995 and 2006. 12, The description of the project did not materially change between 1995 and 2006. 13. Miawsota Session Laws 2001, Chaptccr 1911i.F.Na. 1973, toe legislation which =z Mded the municipal consent staauus, state's is § 10, .This act is effective the day following final enactment and applies to high"vly cons=ctivrt projects for wbich xmmi,cipal approval is frrst soughr after that date." (Emphasis added). The dispute between. the panics arses out Of the meaning of this wrx =ce, 14. Based on the record and the submissions and arguments Ofcout"el, the Court finds that the project as it was in 1995 azd as it cur> =111 exists is in substance and purpose substantially rhe same project and th©refore, since it was first subinnittod for mtmicipal approval prior to the enactment of the 2001 legislative changes to the municipal consent process, the prior .statute, Mian. Stat. § 161.17, §§161.171 —177 (2000), should apply for the cumin municipal consent process. Based upon the forgoing Findings of Fact, the Court hereby makes the following; 0 Page 56 of 130 0 es:vo Lenz-8T-.taa 10/18/2007 16:41 FAX 6S1 234 7749 Oct -18-07 10:122m Fram-WASH tNTY COURT ADMIN ADE STAFF AREA FAX SS143:5478 copiCLUSIONS OF LAW 2007 T-055 P-OT/09 F-833 No material iss= of fact is in dispute between the parties. Rather, the paxries request a determination as to what is the applicable law gov=ing the municipal consent process. The City argues that the c=ent project is substantially the same as thtproject first submitted for smanicipal approval in 1995. The State argues that the project in its riuretnt fonn has been, changed and tharefore cannot be the same project as it was in 1995. The Court determines that the statuta's effective date is unambiguous. Therefore, the Court will give the words tlneix ordinary Ind platin meaning. The statute states that the "act is effective the day'following final enactment acid applies to highway construction projects for whist, Mutucdpal approval is first sought after that dale." The Caen determines that the current project at issue in this case is maurially and substandally the same project as it was in 1995 when it was fust submitted for municipal approval. And because the project was first submitted for ypprpval in 1995, the new legislation does not apply to any subsequent municipal approval process if the project remains the same. Based upon the forgoing Findings of pact and Conclusions of Law the Court h=by makes the following: O"KR 1. plainriff s motion for summary judgment is hereby GRAriTED. The Court hercby determines that the St. Croix River Project 0he projtee') ideatifled within the St. Croix River Crossing Project S upplcmcntal Final EavjMnmcmal Impact Statem t released June 16, 2006, to be a Continuation of the same "project" as identified by the 1995 Final En iro=eutal Impact Statement with a Record of Accision formuilY issued an July 10, 5 Page 57 of 130 es:ve LeeF-eT-lon Lo, d 7Hioi Act-18�07 10:12am Frvm-WASH CNTY COURT ADMIN U143062TO T-0551 P.OBl08 F-933 1995, The Cain further deternines that The Commission of Ttansportaxion first sought municipal consent from the City of Oak Park Heights for the project in 1995- The CoLaT determines that Minn. Stat. §161.17, §161.171 — 177 (2000) and §473.91(2000) apply to and govcrn the municipal consent process relative to the project and control any submissions on behalf of the State of M =csota, by the Cormnissioner of Transportation, to the City of Oak- park ak Park Heights for layoui approvals under tate statatoay murucipal consent process cited ahove- 2. Def d='s motion to dismiss for failure to state a claim upon which relief can be gra=4 converted to a nation for sum=ary judgment, is hereby DENTED. 3. Plaintiff s motion 14 compel discovery is hereby DENIED as moot. 4. All other requested relief is he DENTED. 5. The Washing,'ron County CourT AdMWstratotr shall serve a true and correct Copy of this Ordefi by U.S. Mail upon the above•-named,parties. Date LET .JUDGMENT BE ENTERED ACCORDYNGLY BY THE COURT: B. William EI =m Judge of District Coon I hereby certify that the foregoing Order coostivaes the .lodgment and Deck of the COUrE 0 LO/LO'd DISTRICT COURT ADMMTR.ATOR Page 58 of 130 65:b0 LOOS-eT--iX ENCLOSURE 1. 0 Oak Park Heights Request for Council Action Meeting Date October 23`d 2007 Time Required: 10 Minutes Agenda Item Title: B-3 Ili shwa Business and Warehousin s District —Pro osed Amendments .Agenda Placement Originating Department) �qu o ?r c Johnson Cit Adrxkini; Requester's Signatu Action Requested Background/Justification(f Pease indicate if any previous action has been taken or if other public bodies have advised): PL,ease see the attached from Scott Richards, City Planner 1. Summary Merno 10116/07 2. Proposed Final 13-3 Ordinance 3. Approving Resolution for Amending Final Ordinance. Page 59 of 130 NORTHWEST ASSOCIATED CONSULTANTS, INC. 4800 Olson Memorial Highway, Suite 202, Golden Valley, MN 55422 Telephone: 763.231.2555 Facsimile: 763.231.2561 planners@nacplanning.com MEMORANDUM TO: Eric Johnson FROM: Scott Richards DATE: October 16, 2007 RE: Oak Park Heights — B-3, Highway Business and Warehousing District — Proposed Amendments FILE NO: 798.04 — 07.02 At their October 11, 2007 public hearing, the Planning Commission recommended amendments to the B-3, Highway Business and Warehousing District requirements reflecting the direction provided by the City Council at their August workshop meeting. Please find attached a draft of the district and the accompanying ordinance to amend the B-3 District. The Planning Commission agreed with the City Council relating to allowing retail sales and commercial service uses as permitted uses in the B-3 District with no limitations on numbers and size of tenants. They also agreed that restaurants and cafes should be allowed as a conditional use, but that no convenience (fast) food establishments with or without drive-throughs should be allowed. The Planning Commission was favorable to allowing limited auto repair minor as a conditional use, but not including motor fuel stations. The district section and the amending ordinance have been drafted to include this with the appropriate conditions. The Planning Commission felt that limited auto repair was appropriate because of the existing/proposed car dealership and minor repair business that already exists in the Kern Center. A public hearing was held by the Planning Commission, owners of property and potential owners in the area spoke to the ordinance draft, and the Planning Commission approved the revised B-3 District amendment unanimously. Page 60 of 130 5 401.300. B-3, HIGHWAY BUSINESS AND WAREHOUSING DISTRICT 401.300.A. Purpose. The purpose of the B-3, Highway Business and Warehousing District is to provide for the establishment of retail and wholesale sales, storage, warehousing and limited manufacturing and production. The overall character of the B- 3 District is intended to be transitional in nature, thus uses allowed within this district shall be limited to those which can compatibly exist adjacent to commercial and lower intensity activities. 401.300.B. Permitted Uses. The following are permitted uses in a B-3 District: 1. Commercial printing establishments. 2. Commercial/professional offices. 3. Conference centers. 4. Laboratories. 5. Wholesale showrooms. 6. Motels/hotels provided that the lot area contains not less than five hundred (500) square feet of lot area per unit. 7. Banks, saving institutions, credit unions and other financial institutions without drive through facilities. 8. Clinics for people only. 9. Indoor commercial recreation not including theatres. 10. Essential services. 11. Government and public utility buildings and structures. 12. Mortuaries or funeral homes. 13. Physical fitness, health service establishments or reducing salons. 14. Retail sales. 15. Commercial service uses. 16. Cellular telephone antennas located on a public structure, as regulated in Section 401.15 of this Ordinance. 300-1 Page 61 of 130 401.300.C. Interim Uses. The following are interim uses in a B-3 District: 1. None. 401.300.D. Accessory Uses. The following are permitted accessory uses in a B-3 District. 1. Commercial or business buildings and structures for a use accessory to the principal use but such use shall not exceed thirty (30) percent of the gross floor space of the principal use. 2. Off-street parking as regulated by Section 401.15.F of this Ordinance. 3. Off-street loading as regulated by Section 401.15.F of this Ordinance. 4. Radio and television receiving antennas including single satellite dish TVROs two (2) meters or less in diameter, short-wave radio dispatching antennas, or those necessary for the operation of household electronic equipment including radio receivers, federally licensed amateur radio stations and television receivers, as regulated in Section 401.15.P of this Ordinance. 5. Semi -truck parking. 6. Warehouse facilities as an accessory to a permitted or conditional use. 401.300.E. Conditional Uses. The following are conditional uses in a B-3 District (Requires a conditional use permit based upon procedures set forth in and regulated by Section 401.03 of this Ordinance): 1. Drive-throughs for banks provided that: a, The architectural appearance, scale, construction materials, and functional plan of the building and site shall not be dissimilar to the existing nearby commercial and residential buildings, and shall not cause impairment in property values, or constitute a blighting influence within a reasonable distance of the site. b. Vehicular access points shall be limited and create a minimum of conflict with through traffic movements. C. Service windows shall be allowed if the following additional criteria are satisfied: 300-2 Page 62 of 130 1} Not less than one hundred eighty (180) feet of segregated automobile stacking lane(s) must be provided for the service window. 2) The stacking area and its access must be designed to control traffic in a manner to protect the pedestrians, buildings and green area on the site. 3) No part of the public street or boulevard may be used for stacking of automobiles. 4) The stacking lane, service intercom, and service window shall be designed and located in such a manner as to minimize automobile and communication noises, emissions, and headlight glare upon adjacent premises, and to maximize maneuverability of vehicles on the site. Levels of noise, light, and air quality shall occur and be measured at property lines and shall satisfy established state regulations. 5) Hours of operation shall be limited as necessary to minimize the effect of nuisance factors such as traffic, noise and glare upon any neighboring uses. 6) The provisions of Section 401.03.A.7 of this Ordinance are considered and satisfactorily met. d. Adequate analysis and provisions are made to resolve issues related to demand for services. No use shall be allowed that will exceed the City*s ability to provide utility, police, fire, administrative or other services to the site. 2. Restaurants, cafes, tea rooms, taverns, and off -sale liquor without drive through facilities provided that: a. No convenience food establishments with or without drive through facilities will be allowed. b. The use obtains all local, state and federal food and beverage handling licenses and/or permits. C. There shall be no excessive noise or odors emitted from the use. d. There shall be no outdoor storage and/or display. e. The hours of operation shall be limited as necessary to minimize the effect of nuisance factors such as traffic, noise and glare upon any neighboring uses. 300-3 Page 63 of 130 f. Parking and loading areas are in conformance with the parking and loading requirements outlined in Section 401.15.E of this Ordinance. g. The loading spaces shall not be located within the front yard of a lot. h. Adequate analysis and provisions are made to resolve issues related to traffic and demand for services. No use shall be allowed that will exceed the City+s ability to provide streets, utility, police, fire, administrative or other services to the site. The provisions of Section 401.03.A.7 of this Ordinance are considered and satisfactorily met. 3. Open and outdoor storage including the parking of commercial vehicles in excess of that allowed as a permitted accessory use provided that: a. The storage area is landscaped, fenced, and screened from view of neighboring uses and abutting residential districts. b. Storage is landscaped and screened from view from the public right-of- way. C. Storage area is blacktopped or concrete surfaced. d. All lighting shall be hooded and so directed that the light source shall not be visible from the public right-of-way or from neighboring properties. e. The storage area does not take up parking space or loading space as required for conformity to this Ordinance. f. Adequate analysis and provisions are made to resolve issues related to demand for services. No use shall be allowed that will exceed the Cityas ability to provide utility, police, fire, administrative or other services to the site. g. The provisions of Section 401.03.A,7 of this Ordinance are considered and satisfactorily met. 4. Open and outdoor services, sale and rental as a principal or accessory use including new or used automotive, trucks, boats, or motorized recreational vehicle and related accessory sales and service provided that: a. Outside sales areas are landscaped and fenced or screened from view of neighboring residential uses or an abutting residential district. 300-4 Page 64 of 130 b. All lighting shall be hooded and so directed that the light source shall not be visible from the public right-of-way or from neighboring residences. C. Areas are asphalt or concrete surfaced. d. Adequate analysis and provisions are made to resolve issues related to demand for services. No use shall be allowed that will exceed the City+s ability to provide utility, police, fire, administrative or other services to the site, e. The provisions of Section 401.03.A.7 of this Ordinance are considered and satisfactorily met. 5. Automobile repair -major and car washes as an accessory use limited only to new and used automobile dealerships not including truck or other vehicle repair, provided that: a. Outside sales areas are fenced or screened from view of neighboring residential uses or an abutting residential district in compliance with Section 401.15.E of this Ordinance. b. All lighting shall be hooded and so directed that the light source shall not be visible from the public right-of-way or from neighboring residences and shall be in compliance with Section 401,15.13.7 of this Ordinance. C. Sales and storage area is blacktopped or concrete surfaced and all paved areas are surrounded by concrete curbing. d, The architectural appearance, scale, construction materials, and functional plan of the building and site shall not be dissimilar to the existing nearby commercial and residential buildings, and shall not cause impairment in property values, or constitute a blighting influence within a reasonable distance of the site. e. Adequate analysis and provisions are made to resolve issues related to demand for services. No use shall be allowed that will exceed the City+s ability to provide utility, police, fire, administrative or other services to the site. f. All islands in the parking lot shall be landscaped. g. A strip of not less than ten (10) feet shall be landscaped at the edge of all parking/driveway areas adjacent to lot lines and the public right-of-way. h. All automobile repair activities shall be conducted within the principal structure and the doors to the service bays shall be kept closed except when vehicles are being moved in or out of the service areas. 300-5 Page 65 of 130 Facilities on a site contiguous to any residential district shall not be operated between the hours of 10:00 PM and 6:00 AM unless otherwise allowed by formal action of the City Council. Provisions are made to control and reduce noise in accordance with Section 401.15,B.11 of this Ordinance. k. Vehicular access points shall create a minimum of conflict with through traffic movement, shall comply with Section 401.15.E of this Ordinance and shall be subject to the approval of the City Engineer. A drainage system subject to the approval of the City shall be installed. M. All signing and informational or visual communication devices shall be minimized and shall be in compliance with Section 401.15.G of this Ordinance. n. The provisions of Section 401.03.A.7 of this Ordinance are considered and satisfactorily met. 6. Auto repair minor, but not including motor fuel stations, provided that: a. No building or structure, permanent or temporary, driveway surfaces, parking areas, advertising devices or other similar site improvements, except driveways traversing a public road boulevard, shall be located within one hundred ten (110) feet of any part of a residential district. b. Sale or products other than those specifically mentioned in this subdivision be subject to a conditional use permit and be in compliance with Section 401.300.E.4 of this Ordinance. C. All conditions pertaining to a specific site are subject to change when the Council, upon investigation in relation to a formal request, finds that the general welfare and public betterment can be served as well or better by modifying the conditions. d. A strip of not less than ten (10) feet shall be landscaped at the edge of all parking/driveway areas adjacent to lot lines and the public right-of-way. e. All automobile repair activities shall be conducted within the principal structure and the doors to the service bays shall be kept closed except when vehicles are being moved in or out of the service areas. f. Hydraulic hoists or pits and all lubrication, greasing, washing, repair or diagnostic equipment shall be used totally enclosed within a building. 300-6 Page 66 of 130 g. Facilities on a site contiguous to any residential district shall not be operated between the hours of 10:00 PM and 6:00 AM unless otherwise allowed by formal action of the City Council. h. Facilities may offer minor auto repairs, but they shall not offer major auto repairs, the sale or storage of junked cars, or automobile wrecking. i. The architectural appearance and functional plan of the building and site shall not be so dissimilar to the existing buildings or areas to cause impairment in property values or constitute a blighting influence within a reasonable distance of the lot. The entire site other than that taken up by a building, structure or plantings shall be surfaced with a material to control dust and drainage which is subject to the approval of the City. k. A drainage system subject to the approval of the City shall be installed. Parking or car magazine storage space shall be screened from view of abutting residential districts in compliance with Section 401.15.E. M. Vehicular access points shall create a minimum of conflict with through traffic movement, shall comply with Section 401.15.F. of this Ordinance and shall be subject to the approval of the City Engineer. n. Provisions are made to control and reduce noise in accordance with the Section 401,15. B.11 of this Ordinance. o. No outside storage shall be allowed except as allowed in compliance with Section 401.15.B.14. p. The lighting shall be accomplished in such a way as to have no direct source of light visible from adjacent land in residential use or from the public right-of-way and shall be in compliance with Section 401.15.8.7 of this Ordinance. q. All signing and informational or visual communication devices shall be minimized and shall be in compliance with Section 401.15.G of this Ordinance. r. Adequate analysis and provisions are made to resolve issues related to demand for services. No use shall be allowed that will exceed the City's ability to provide utility, police, fire, administrative or other services to the site. S. The provisions of Section 401.03.A.7 of this Ordinance are considered and satisfactorily met. 300-7 Page 67 of 130 7. Mini -storage facilities provided that: a. At least twenty (20) percent of the site is open, green space which is sodded and landscaped in accordance with a plan approved by the City Council. b, Building coverage shall not exceed sixty (60) percent of the lot area. C. Parking, loading, driveway and fire lane design shall be subject to review and approval of the City Staff and Fire Marshal. d. Adequate space is provided for snow storage. e. Fire hydrant location shall be subject to review and approval of the Fire Marshal. f. All driveways and parking areas are to be hard (blacktop or concrete) surfaced and adequate turning radius for fire truck maneuverability is to be maintained throughout the site. Designated snow storage space is to be provided to insure adequate and safe access during winter months. g. 1n an non -premises. caretaker dwelling unit is provided on site, constructions of said dwelling unit shall conform to all design standard regulations for dwelling units of the Minnesota State Building Code and the Oak Park Heights Zoning and Building Code. The occupancy and minimum interior and floor area standards shall be controlled by Sections 401.15.0 of this Ordinance. Off-street parking shall be made available for said dwelling unit in conformance with Section 401.15.F. h. Any structures having exposure to an adjacent residential use or public right-of-way, park, or similar public use areas shall be of brick, rock face block, natural stone, wood, or stucco facing material. 1. No retailing, wholesaling, manufacturing, repair, or other such activity other than storage is to occur within the self storage, mini -warehousing facility. j. Adequate analysis and provisions are made to resolve issues related to demand for services. No use shall be allowed that will exceed the City*S ability to provide utility, police, fire, administrative or other services to the site. k. The provisions of Section 401.03.A.7 of this Ordinance are considered and satisfactorily met. 8. Landscape sales and material storage provided that: 300-8 Page 68 of 130 a. There are no growing fields on the site, b. Outdoor sales/display area shall be limited to thirty (30) percent of the gross lot area and be in conformance with the performance standards of Section 401,15.B.14 of this Ordinance. C. Adequate analysis and provisions are made to resolve issues related to demand for services. No use shall be allowed that will exceed the Cityas ability to provide utility, police, fire, administrative or other services to the site. d. The provisions of Section 401.03.A.7 of this Ordinance are considered and satisfactorily met. 9. Commercial PUD as regulated by Section 401.06 of this Ordinance. 10. Cellular telephone antennas not located on a public structure provided that: a. The provisions of Section 401,03.A.7 and Section 401.15.P of this Ordinance are considered and satisfactorily met. 11. Manufacturing, compounding, assembly, packaging, treatment or storage of products and materials as accessory use provided that: a. The proposed use complies with the performance standards outlined in Section 401.153 and all other applicable provisions of this Ordinance. b. All manufacturing and assembly operations shall be enclosed within a building. C. Adequate analysis and provisions are made to resolve issues related to demand for services. No use shall be allowed that will exceed the City+s ability to provide utility, police, fire, administrative or other services to the site. d. The provisions of Section 401.03.A.7 of this Ordinance are considered and satisfactorily met. 12. Animal clinics provided that: a. There shall be no outdoor animal pens or runs. b. The provisions of Minnesota Pollution Control Agency Regulations SW 53(2) are complied with. 300-9 Page 69 of 130 C, All other applicable state and local regulations pertaining to nuisance, health and safety conditions, etc. are complied with. d. Adequate analysis and provisions are made to resolve issues related to demand for services. No use shall be allowed that will exceed the City*s ability to provide utility, police, fire, administrative or other services to the site. e. The provisions of Section 401.03.A.8 of this Ordinance are considered and satisfactorily met. 13. Distribution centers provided that: a. The storage areas and loading docks are landscaped, fenced and screened from view of neighboring uses and abutting residential districts. b. The driveways, storage areas and loading docks are blacktopped or concrete surfaced. c. All lighting shall be hooded and so directed that the light source shall not be visible from the public right-of-way or from neighboring properties. d. A drainage system subject to the approval of the City shall be installed. e. Vehicular access points shall create a minimum of conflict through traffic movement. f. Provisions are made to control and reduce noise in accordance with Section 401.15.B.11 of this Ordinance. g. The proposed use complies with the performance standards outlined in Section 401.15.13 and all other provisions of this Ordinance. h. Adequate analysis and provisions are made to resolve issues related to demand for services. No use shall be allowed that will exceed the City*s ability to provide utility, police, fire, administrative or other services to the site. i. The provisions of Section 401.03.A.7 of this Ordinance are satisfactorily met. 14. Day treatment, human services and counseling programs provided that: a. Provisions are made to issue compatibility with surrounding uses. b. All State laws and statutes governing such use are strictly adhered to and all required operating permits are secured. 300-10 Page 70 of 130 C. Adequate off-street parking is provided in compliance with Section 401.15.F of this Ordinance. d. Adequate areas are provided for loading and unloading of vans, buses or other mass transit vehicles. e. Adequate analysis and provisions are made to resolve issues related to demand for services. No use shall be allowed that will exceed the City's ability to provide utility, police, fire, administrative or other services to the site. f. The provisions of Section 401.03.A.7 of this Ordinance are considered and satisfactorily met. 15. Continuing education programs, business, commercial and trade schools provided that: a. Provisions are made to issue compatibility with surrounding uses. b. All State laws and statutes governing such use are strictly adhered to and all required operating permits are secured. C. Adequate off-street parking is provided in compliance with Section 401.15.1' of this Ordinance. d. Adequate areas are provided for loading and unloading of vans, buses or other mass transit vehicles. e. Adequate analysis and provisions are made to resolve issues related to demand for services. No use shall be allowed that will exceed the City's ability to provide utility, police, fire, administrative or other services to the site. f. The provisions of Section 401.03.A.7 of this Ordinance are considered and satisfactorily met. 16. Day care - group nursery provided that: a. Provisions are made to ensure compatibility with surrounding uses. b. Adequate area is provided within the plan for outdoor play areas. C. All fire codes as applicable are complied with. d. All applicable state and local regulations pertaining to child care facilities are complied with. 300-11 Page 71 of 130 e. Adequate areas are provided for child drop-off. f. Adequate analysis and provisions are made to resolve issues related to demand for services. No use shall be allowed that will exceed the Cityas ability to provide utility, police, fire, administrative or other services to the site. g. The provisions of Section 401.03.A.8 of this Ordinance are considered and satisfactorily met. 401.300.P. Access. 1. Access to industrial development shall be allowed only on arterial or collector streets, or a street specifically designed for such development. 2. Curb cut widths and locations shall comply with the provisions of Section 401.15.1= .4. H.8. 3. Industrial developments of a small scale shall be encouraged to develop a common access drive and parking facilities. Incentives, such as reduction in setback and/or parking requirements may be provided at the discretion of the City Council. 4. A turning lane and its appropriate right-of-way must be provided if the City Council determines that one is needed, 401.300.G. Lot Coverage. Not less than twenty (20) percent of the buildable portion of the lot, parcel or tract of land shall remain as a grass plot including fencing and landscaping with shrubbery and plantings. A lesser area may be devoted to a grass plot only via a conditional use permit, provided that: 1, An allowance is made for increased amenities, landscaping or quality of construction as determined by the City Council. 2. In no case shall less than ten (10) percent of the buildable portion of the lot, parcel or tract of land remain as a grass plot. 3. The provisions of Section 401.03 of the Ordinance are considered and satisfactorily met. 401.300.H. Building Type and Construction. All building materials and construction must be in conformance with Section 401.15.C.8 of this Ordinance and the Design Guidelines. 300.12 Page 72 of 130 401.300.1. Parking. Detailed parking plans in accordance with Section 401.15.E of this Ordinance and the additional requirements of the section listed below, shall be submitted for City review and approved before a building permit may be obtained. 1. The parking area shall be set back a minimum of ten (10) feet from any property line. 2. The parking lot in front of the building shall be screened from the public right-of- way and from adjoining property in conformance with the provisions of Section 401.15,E. of this Ordinance. 3. All parking areas and driveways shall be surfaced with asphalt, concrete, cobblestone or paving brick. 4. Perimeter curbing shall be required around entire parking lots, no closer than ten (10) feet from any lot line. 5. Any lighting used to illuminate an off-street parking area shall be hooded and so arranged as to reflect light away from adjoining property, abutting residential uses and public rights-of-way. 6. Grass, plantings, or screening shall be provided in all areas bordering the parking lot. The screening shall be strictly vegetation, earth berming, or a combination of the two. 7. The screening shall occur, at a minimum, along the outermost medians of the parking area, at every second median within the lot, and at the ends of each parking row. 8. The medians shall not exceed three (3) feet in height, nor be at a slope greater than twenty (20) percent. 401.300.J. Loading. Any structure erected or altered for a use which requires the receipt or distribution of materials or merchandise by trucks or similar vehicles shall provide off-street loading space in conformance with the provisions of Section 401.15.F of this Ordinance and the following additional requirements: 1. A detailed off-street loading plan including berths, area, and access shall be submitted to the City for review and approval prior to issuance of a building permit. 2. The location of the loading area shall not be in the front of the building. 300-13 Page 73 of 130 3. All areas intended to be used for loading including access shall be surfaced with bituminous or concrete. 4. All loading areas shall be screened from surrounding areas by means of vegetative plantings, berming, and/or a screening fence specified as follows: a. A vegetative planting strip or grouping shall consist of evergreen trees and/or deciduous trees and plants and shall be of sufficient width and density to provide an effective visual screen. This planting area shall be designed to provide complete visual screening to a minimum height of six (6) feet. Earth mounding or berms may be used but shall not be used to achieve more than three (3) feet of the required screen. The planting plan and type of plantings shall require the approval of the City Council. b. A required screening fence shall be constructed of masonry, brick, or wood. Such fence shall provide a solid screening effect eight (8) feet in height. The design and materials used in constructing a required screening fence shall be subject to the approval of the City Council. Fences in excess of eight (8) feet in height shall require approval of the Zoning Administrator and Building Official. 401.300.K. Trash Receptacles. All buildings in which exterior storage, trash storage, and/or handling is provided shall provide an enclosed trash receptacle area in conformance with the following: Exterior wall treatment shall be similar and/or complement the principal building. 2. The enclosed trash receptacle area shall be located in the rear of side yard. 3. The trash enclosure must be an accessible location for pick up hauling vehicles. 4. The trash enclosure must be fully screened from view of adjacent properties. 5. Construction of the trash receptacle enclosure is subject to approval of the City Building Official. 401.300.L. Screening. The screening of outdoor storage areas, heating/air conditioning units, exhaust/fan equipment, trash receptacles, rooftop equipment, and other deterrent elements shall be screened from all surrounding areas by means of planting, berming, and/or a screening fence or other means determined appropriate by the City Building Official. The planting and Berming specifications listed in Section 401.15.E. of this Ordinance are also applicable in this case, however, the height of the screening fence need only be of sufficient height to completely and safely conceal the deterrent element. 300-14 Page 74 of 130 401.300.M. Landscaping. A detailed landscaping plan in conformance with Section 401.15.E. of this Ordinance shall be submitted to the City Council and approved before a building permit may be obtained and shall be in conformance with the following requirements. 1. The regulations and requirements set forth in the zoning and subdivision regulations shall apply to all vegetative treatments within the study area relative to the quality, sizes, and specifications of plant materials. 2. All landscape and vegetative treatments shall be in conformance with the overall site plan. It is the responsibility of the property owner to meet and maintain this requirement. 3. Unique land features, i.e., topography, vegetation, wetlands, drainageways shall be preserved and/or addressed to achieve the most positive functional and aesthetic results. Every effort should be made to preserve features of the land to create passive open spaces. 300-15 Page 75 of 130 ORDINANCE NO. 07 CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA AN ORDINANCE AMENDING SECTION 4011.300 B-3, HIGHWAY BUSINESS AND WAREHOUSING DISTRICT TO REMOVE LIMITATIONS ON RETAIL SALES AND COMMERCIAL SERVICE USES AND TO ALLOW RESTAURANTS AND MINOR AUTO REPAIR AS CONDITIONAL USES THE CITY COUNCIL OF THE CITY OF OAK PARK HEIGHTS, MINNESOTA ORDAINS: SECTION 1. Section 401.300.6, Permitted Uses, is hereby amended to read as follows: 401.300.6. Permitted Uses. The following are permitted uses in a B-3 District: 1. Commercial printing establishments. 2. Commercial/professional offices. 3. Conference centers. 4. Laboratories. 5. Wholesale showrooms. 6. Motels/hotels provided that the lot area contains not less than five hundred (500) square feet of lot area per unit. 7. Banks, saving institutions, credit unions and other financial institutions without drive through facilities. 8. Clinics for people only. 9. Indoor commercial recreation not including theatres. 10. Essential services. 11. Government and public utility buildings and structures. 12. Mortuaries or funeral homes. 1 Page 76 of 130 13. Physical fitness, health service establishments or reducing salons. 14. Retail sales. 15. Commercial service uses. 16. Cellular telephone antennas located on a public structure, as regulated in Section 401.15 of this Ordinance. SECTION 2. Section 401.300.E, Conditional Uses, is hereby amended to read as follows: 401.300.E. Conditional Uses. The following are conditional uses in a B-3 District (Requires a conditional use permit based upon procedures set forth in and regulated by Section 401.03 of this Ordinance): 1. Drive-throughs for banks provided that: a. The architectural appearance, scale, construction materials, and functional plan of the building and site shall not be dissimilar to the existing nearby commercial and residential buildings, and shall not cause impairment in property values, or constitute a blighting influence within a reasonable distance of the site. b. Vehicular access points shall be limited and create a minimum of conflict with through traffic movements. C. Service windows shall be allowed if the following additional criteria are satisfied: 1) Not less than one hundred eighty (180) feet of segregated automobile stacking lane(s) must be provided for the service window. 2) The stacking area and its access must be designed to control traffic in a manner to protect the pedestrians, buildings and green area on the site. 3) No part of the public street or boulevard may be used for stacking of automobiles. 4) The stacking lane, service intercom, and service window shall be designed and located in such a manner as to minimize automobile and communication noises, emissions, and headlight glare upon adjacent premises, and to maximize maneuverability of vehicles on the site. Levels of noise, light, and air quality shall occur and be 2 Page 77 of 130 measured at property lines and shall satisfy established state regulations. 5) Hours of operation shall be limited as necessary to minimize the effect of nuisance factors such as traffic, noise and glare upon any neighboring uses. 6) The provisions of Section 401,03.A.7 of this Ordinance are considered and satisfactorily met. d. Adequate analysis and provisions are made to resolve issues related to demand for services. No use shall be allowed that will exceed the City►s ability to provide utility, police, fire, administrative or other services to the site. 2. Restaurants, cafes, tea rooms, taverns, and off -sale liquor without drive through facilities provided that: a. No convenience food establishments with or without drive through facilities will be allowed. b. The use obtains all local, state and federal food and beverage handling licenses and/or permits. C, There shall be no excessive noise or odors emitted from the use. d. There shall be no outdoor storage and/or display. e. The hours of operation shall be limited as necessary to minimize the effect of nuisance factors such as traffic, noise and glare upon any neighboring uses. f. Parking and loading areas are in conformance with the parking and loading requirements outlined in Section 401.15.F of this Ordinance. g. The loading spaces shall not be located within the front yard of a lot. h. Adequate analysis and provisions are made to resolve issues related to traffic and demand for services. No use shall be allowed that will exceed the City+s ability to provide streets, utility, police, fire, administrative or other services to the site. The provisions of Section 401.03.A.7 of this Ordinance are considered and satisfactorily met. 3. Open and outdoor storage including the parking of commercial vehicles in excess of that allowed as a permitted accessory use provided that: 3 Page 78 of 130 a. The storage area is landscaped, fenced, and screened from view of neighboring uses and abutting residential districts. b. Storage is landscaped and screened from view from the public right-of- way. C. Storage area is blacktopped or concrete surfaced. d. All lighting shall be hooded and so directed that the light source shall not be visible from the public right-of-way or from neighboring properties. e. The storage area does not take up parking space or loading space as required for conformity to this Ordinance. f. Adequate analysis and provisions are made to resolve issues related to demand for services. No use shall be allowed that will exceed the Cityas ability to provide utility, police, fire, administrative or other services to the site. g. The provisions of Section 401.03.A.7 of this Ordinance are considered and satisfactorily met. 4. Open and outdoor services, sale and rental as a principal or accessory use including new or used automotive, trucks, boats, or motorized recreational vehicle and related accessory sales and service provided that: a. Outside sales areas are landscaped and fenced or screened from view of neighboring residential uses or an abutting residential district. b. All lighting shall be hooded and so directed that the light source shall not be visible from the public right-of-way or from neighboring residences. C. Areas are asphalt or concrete surfaced. d. Adequate analysis and provisions are made to resolve issues related to demand for services. No use shall be allowed that will exceed the City*s ability to provide utility, police, fire, administrative or other services to the site. e. The provisions of Section 401.03.A.7 of this Ordinance are considered and satisfactorily met. 5. Automobile repair -major and car washes as an accessory use limited only to new and used automobile dealerships not including truck or other vehicle repair, provided that: 4 Page 79 of 130 a. Outside sales areas are fenced or screened from view of neighboring residential uses or an abutting residential district in compliance with Section 401.15.E of this Ordinance. b. All lighting shall be hooded and so directed that the light source shall not be visible from the public right-of-way or from neighboring residences and shall be in compliance with Section 401.15.8.7 of this Ordinance. C. Sales and storage area is blacktopped or concrete surfaced and all paved areas are surrounded by concrete curbing. d. The architectural appearance, scale, construction materials, and functional plan of the building and site shall not be dissimilar to the existing nearby commercial and residential buildings, and shall not cause impairment in property values, or constitute a blighting influence within a reasonable distance of the site. e. Adequate analysis and provisions are made to resolve issues related to demand for services. No use shall be allowed that will exceed the City+ss ability to provide utility, police, fire, administrative or other services to the site. f. All islands in the parking lot shall be landscaped. g. A strip of not less than ten (10) feet shall be landscaped at the edge of all parking/driveway areas adjacent to lot lines and the public right-of-way. h. All automobile repair activities shall be conducted within the principal structure and the doors to the service bays shall be kept closed except when vehicles are being moved in or out of the service areas. Facilities on a site contiguous to any residential district shall not be operated between the hours of 10:00 PM and 6:00 AM unless otherwise allowed by formal action of the City Council. Provisions are made to control and reduce noise in accordance with Section 401.15.8.11 of this Ordinance. k. Vehicular access points shall create a minimum of conflict with through traffic movement, shall comply with Section 401.15.F of this Ordinance and shall be subject to the approval of the City Engineer. A drainage system subject to the approval of the City shall be installed. M. All signing and informational or visual communication devices shall be minimized and shall be in compliance with Section 401.15.G of this Ordinance. 5 Page 80 of 130 n. The provisions of Section 401.03.A.7 of this Ordinance are considered and satisfactorily met. 6. Auto repair minor, but not including motor fuel stations, provided that: a. No building or structure, permanent or temporary, driveway surfaces, parking areas, advertising devices or other similar site improvements, except driveways traversing a public road boulevard, shall be located within one hundred ten (110) feet of any part of a residential district. b. Sale or products other than those specifically mentioned in this subdivision be subject to a conditional use permit and be in compliance with Section 401.300.E.4 of this Ordinance. C. All conditions pertaining to a specific site are subject to change when the Council, upon investigation in relation to a formal request, finds that the general welfare and public betterment can be served as well or better by modifying the conditions. d. A strip of not less than ten (10) feet shall be landscaped at the edge of all parking/driveway areas adjacent to lot lines and the public right-of-way. e. All automobile repair activities shall be conducted within the principal structure and the doors to the service bays shall be kept closed except when vehicles are being moved in or out of the service areas. f. Hydraulic hoists or pits and all lubrication, greasing, washing, repair or diagnostic equipment shall be used totally enclosed within a building. g. Facilities on a site contiguous to any residential district shall not be operated between the hours of 10:00 PM and 6:00 AM unless otherwise allowed by formal action of the City Council. h. Facilities may offer minor auto repairs, but they shall not offer major auto repairs, the sale or storage of junked cars, or automobile wrecking. The architectural appearance and functional plan of the building and site shall not be so dissimilar to the existing buildings or areas to cause impairment in property values or constitute a blighting influence within a reasonable distance of the lot. The entire site other than that taken up by a building, structure or plantings shall be surfaced with a material to control dust and drainage which is subject to the approval of the City. k. A drainage system subject to the approval of the City shall be installed. 6 Page 81 of 130 Parking or car magazine storage space shall be screened from view of abutting residential districts in compliance with Section 401.15.E. M. Vehicular access points shall create a minimum of conflict with through traffic movement, shall comply with Section 401.15.F. of this Ordinance and shall be subject to the approval of the City Engineer. n. Provisions are made to control and reduce noise in accordance with the Section 401.15.B.11 of this Ordinance. o. No outside storage shall be allowed except as allowed in compliance with Section 401.15.8.14. P. The lighting shall be accomplished in such a way as to have no direct source of light visible from adjacent land in residential use or from the public right-of-way and shall be in compliance with Section 401.15.8.7 of this Ordinance. q. All signing and informational or visual communication devices shall be minimized and shall be in compliance with Section 401.15.G of this Ordinance. r. Adequate analysis and provisions are made to resolve issues related to demand for services. No use shall be allowed that will exceed the Citys ability to provide utility, police, fire, administrative or other services to the site. S, The provisions of Section 401.03.A.7 of this Ordinance are considered and satisfactorily met. 7. Mini -storage facilities provided that: a. At least twenty (20) percent of the site is open, green space which is sodded and landscaped in accordance with a plan approved by the City Council. b. Building coverage shall not exceed sixty (60) percent of the lot area. C. Parking, loading, driveway and fire lane design shall be subject to review and approval of the City Staff and Fire Marshal. d. Adequate space is provided for snow storage. e. Fire hydrant location shall be subject to review and approval of the Fire Marshal. 7 Page 82 of 130 f, All driveways and parking areas are to be hard (blacktop or concrete) surfaced and adequate turning radius for fire truck maneuverability is to be maintained throughout the site. Designated snow storage space is to be provided to insure adequate and safe access during winter months. g. In an .on -premises. caretaker dwelling unit is provided on site, constructions of said dwelling unit shall conform to all design standard regulations for dwelling units of the Minnesota State Building Code and the Oak Park Heights Zoning and Building Code. The occupancy and minimum interior and floor area standards shall be controlled by Sections 401.15.0 of this Ordinance. Off-street parking shall be made available for said dwelling unit in conformance with Section 401.15.F. h. Any structures having exposure to an adjacent residential use or public right-of-way, park, or similar public use areas shall be of brick, rock face block, natural stone, wood, or stucco facing material. No retailing, wholesaling, manufacturing, repair, or other such activity other than storage is to occur within the self storage, mini -warehousing facility. Adequate analysis and provisions are made to resolve issues related to demand for services. No use shall be allowed that will exceed the City*s ability to provide utility, police, fire, administrative or other services to the site. k. The provisions of Section 401.03.A.7 of this Ordinance are considered and satisfactorily met. 8. Landscape sales and material storage provided that: a. There are no growing fields on the site. b. Outdoor sales/display area shall be limited to thirty (30) percent of the gross lot area and be in conformance with the performance standards of Section 401.15.B.14 of this Ordinance. C. Adequate analysis and provisions are made to resolve issues related to demand for services. No use shall be allowed that will exceed the City's ability to provide utility, police, fire, administrative or other services to the site. d. The provisions of Section 401.03.A.7 of this Ordinance are considered and satisfactorily met. 9. Commercial PUD as regulated by Section 401.06 of this Ordinance. 8 Page 83 of 130 10. Cellular telephone antennas not located on a public structure provided that: a. The provisions of Section 401.03.A.7 and Section 401.15.P of this Ordinance are considered and satisfactorily met. 11. Manufacturing, compounding, assembly, packaging, treatment or storage of products and materials as accessory use provided that: a. The proposed use complies with the performance standards outlined in Section 401.15.13 and all other applicable provisions of this Ordinance. b. All manufacturing and assembly operations shall be enclosed within a building. c. Adequate analysis and provisions are made to resolve issues related to demand for services. No use shall be allowed that will exceed the Cityas ability to provide utility, police, fire, administrative or other services to the site. d. The provisions of Section 401.03.A.7 of this Ordinance are considered and satisfactorily met. 12. Animal clinics provided that: a. There shall be no outdoor animal pens or runs. b. The provisions of Minnesota Pollution Control Agency Regulations SW 53(2) are complied with. C. All other applicable state and local regulations pertaining to nuisance, health and safety conditions, etc. are complied with. d. Adequate analysis and provisions are made to resolve issues related to demand for services. No use shall be allowed that will exceed the City's ability to provide utility, police, fire, administrative or other services to the site. e. The provisions of Section 401.03.A.8 of this Ordinance are considered and satisfactorily met. 13. Distribution centers provided that: a. The storage areas and loading docks are landscaped, fenced and screened from view of neighboring uses and abutting residential districts. b. The driveways, storage areas and loading docks are blacktopped or concrete surfaced. 9 Page 84 of 130 C. All lighting shall be hooded and so directed that the light source shall not be visible from the public right-of-way or from neighboring properties. d. A drainage system subject to the approval of the City shall be installed. e. Vehicular access points shall create a minimum of conflict through traffic movement. f. Provisions are made to control and reduce noise in accordance with Section 401.15.13.11 of this Ordinance. g. The proposed use complies with the performance standards outlined in Section 401.15.13 and all other provisions of this Ordinance. h. Adequate analysis and provisions are made to resolve issues related to demand for services. No use shall be allowed that will exceed the Citys ability to provide utility, police, fire, administrative or other services to the site. The provisions of Section 401.03.A.7 of this Ordinance are satisfactorily met. 14. Day treatment, human services and counseling programs provided that: a. Provisions are made to issue compatibility with surrounding uses. b. All State laws and statutes governing such use are strictly adhered to and all required operating permits are secured. C. Adequate off-street parking is provided in compliance with Section 401.15.1' of this Ordinance. d. Adequate areas are provided for loading and unloading of vans, buses or other mass transit vehicles. e. Adequate analysis and provisions are made to resolve issues related to demand for services. No use shall be allowed that will exceed the Citys ability to provide utility, police, fire, administrative or other services to the site. f. The provisions of Section 401.03.A.7 of this Ordinance are considered and satisfactorily met. 15. Continuing education programs, business, commercial and trade schools provided that: 10 Page 85 of 130 a. Provisions are made to issue compatibility with surrounding uses. b. All State laws and statutes governing such use are strictly adhered to and all required operating permits are secured. C. Adequate off-street parking is provided in compliance with Section 401.15.F of this Ordinance. d. Adequate areas are provided for loading and unloading of vans, buses or other mass transit vehicles. e. Adequate analysis and provisions are made to resolve issues related to demand for services. No use shall be allowed that will exceed the City*s ability to provide utility, police, fire, administrative or other services to the site. f. The provisions of Section 401,03.A.7 of this Ordinance are considered and satisfactorily met. 16. Day care - group nursery provided that: a. Provisions are made to ensure compatibility with surrounding uses. b. Adequate area is provided within the plan for outdoor play areas. C. All fire codes as applicable are complied with. d. All applicable state and local regulations pertaining to child care facilities are complied with. e. Adequate areas are provided for child drop-off. f. Adequate analysis and provisions are made to resolve issues related to demand for services. No use shall be allowed that will exceed the City*s ability to provide utility, police, fire, administrative or other services to the site. g. The provisions of Section 401.03.A.8 of this Ordinance are considered and satisfactorily met. 11 Page 86 of 130 SECTION 3. This Ordinance shall be effective immediately upon its passage and publication. PASSED this 23`d day of October 2007 by the City Council of the City of Oak Park Heights. ATTEST: Eric A. Johnson, City Administrator CITY OF OAK PARK HEIGHTS David Beaudet, Mayor 12 Page 87 of 130 This Page Is Left Intentionally Blank. Page 88 of 130 fJ�,g3' gg gg�yp Oak Park Heights Request for Council Action Meeting Date October 23, 200 Agenda Item Ordinance r1o1.o8 Time Required o Agenda Placement Old Business Originating Departmei Requester's Signature Action Requested Amendment of Ordinance _ Background/Justification (Please indicate any previous action has been taken or if other public bodies have been advised). Public Works Director Tom Ozzello brought it to my attention that Section 11ol.o8 of the City's Ordinance is missing some language. Staff requests that the City Council make a motion to amend Section 11o1.o8 of the City's Ordinance to read, "Any person convicted of violating any of the provisions of this Ordinance shall be guilty of a misdemeanor and shall be punished by a fine not to exceed Seven Hundred Dollars ($700.00) or imprisonment not to exceed ninety (go) days or both; but if a minimum fine or imprisonment is prescribed by the State Highway Traffic Act for an offense, such penalty shall apply to a person convicted of the same offense under this Ordinance." Page 89 of 130 by the Oak Park I leights Police Dept. Or persons employed by thein with said vehicle being stored ill any appropriate place. All necessary costs and expenses of towing, removing, and storing of such vehicles shall first ve paid by the person claiming the vehicle bet before the release of same. 1101.04 Through Streets. Every driver of a vehicle shall bring his vehicle to a full stop before entering any through street or stop intersection properly designated and posted as such. Through streets and stop intersections shall be designated by resolution of the City Council from time to time. 1101.05 Equipment - Use of. No person shall drive or operate a motor vehicle on any street within the City, unless such motor vehicle is equipped with a muffler in good working order and in constant operation to prevent excessive or unusual noise. It shall be Unlawful to use a "snuffler cut-out" on any motor vehicle upon any such street. 1101.06 .lum in 7 Rides. No person shall ride in or jump into or upon any vehicle without the consent of the driver; and no person shall, when riding, allow any part of the body to project beyond the limits of any motor vehicle, except when signaling as required by law, nor shall any person board or alight from, not- hang onto ally motor vehicle, when such motor vehicle is in motion. This provision shall not apply to any person whose employment makes it necessary to side in or on a vehicle otherwise than herein provided, when engaged in the necessary duties of such employment. 1101.07 Emergency Vehicles. 'file speed limitations of this Ordinance shall not apply to vehicles when operated with due regard for safety, under the direction of peace officers in the chase or apprehension of violators of the law or persons charged with or suspected of any such violation, or to fire departments or fire patrol vehicles when traveling in response to a fire alarm, or to public ambulances in emergency use or service. 1101,08 Penalty. Any person convicted of violating any of the provisions of this Ordinance shall be guilty of a misdemeanor and shall be punished by a fine of not to exceed ninety (90) days or both; but if a minimum fine or imprisonment is prescribed by the State Highway Traffic Act for an offense, such penalty shall apply to a person convicted of the same offense under this Ordinance. Page 90 of 130 ENCL,o8UneOak Park Heights Request for Council Action Meeting Date October 20 200 Agenda Item Ordinance 110 .02.B Time Required o _ Agenda Placement Old Business Originating Department/Requestor Administration/Jennifer Thoen Requester's Signature Action Requested Aznendmezzt of Ordinance Background/Justification (Please indicate any previous action has been taken or if other public bodies have been advised). Deputy Police Chief Brian DeRosier brought it to my attention that when the City Ordinance 1103 was amended in 2005, the word "weapon" was changed to "gun" in Section 1103.02.B. Having the word gun instead of weapon in the definition of firearm poses serious implications. Staff requests that the City Council make a motion to amend Section 1103.02.B of the City's Ordinance to read: "Firearm" means any weapon from which is propelled any missile, projectile or bullet, by means of explosives, gas, compressed air or mechanical spring and shall include air and BB guns. Page 91 of 130 USE: OF FIREARMS AND HUNTING REGULATIONS AN ORDINANCE: REGULATING GAME, AND USE OF F1RE;ARMS AND WEAPONS INTHE CITY OF OAK PARK HEIGHTS, WASHIINGI'ON COUNTY, MINNESOTA, AND PROVIDING FOR PENALTIES FOR VIOLATION THIEREOF. THEE CITY COUNCIL OF "THEE CITY OF OAK PARK HEIGHTS, WASHINGTON COUNTY, MINNESOTA, DOES ORDAIN: 1103.01 Regulation of Game and Fish. Minnesota Statutes, Chapters 97A, 9713 and 97C, known as the Gavle and Fish Laws of the State of Minnesota, as amended by laws of 1969, is hereby adopted as the Game and Fish Ordinance of the City of Oak Park Heights, Washington County, Minnesota. Every provision contained in the said statute is hereby adopted and made a part of this ordinance by reference as if fully set forth herein. 1103.02 Definitions. The following terms shall have the following meanings: A. "Person" means an individual only if used in reference to issuing licenses to take wild animals, but otherwise means an individual, firm, partnership, ,joint stock company, association, or public or private corporation. B. "Firearm" means a gun that discharges shot or a projectile by means of all explosive, a gas, or compressed air. C. "bong Gun" means any rifle, shotgun or similar gun not designed to be fired from the hand. D. "Secured Container" means a locked case having no mechanical features designed for immediate weapons removal or use, and containing no other related objects. 1103.03 Pei -soils Prohibited. It shall be unlawful for any person within the corporate limits of the City of Oak Park Heights to own, possess, carry, or have in his custody or control, any firearms or ammunition except as provided below: A. When upon the land of another, no person shall have in his possession a firearm without the express written and dated permission of the owner or lessee of such property. Page 92 of 130 �Y l car_.C``.a Gt ��Vl ('arta. Vl�l,t'. ��... I103 USE 01 -,'FIREARMS AND I-IUNTING REGULA'T'IONS AN ORDINANCE REGULATING GAMIN AND USI; OF FIREARMS AND WEAPONS IN TI --IE CITY OF OAK PARK HEIGHTS, WASHINGTON COUNTY, MINNESO'T'A, AND PROVIDING FOR PENALTIES FOR VIOLATION THEREOF. "I,H1, CITY COUNCIL., OF THEI CITY OF OAK PARK HEIGHTS, WASHINGTON COIJNTY, MINNESOTA, DOTS ORDAIN: 1103.01 Regulation of Gamc and Fish. Minnesota Statutes, Chapters 97 through 102, known as the Game and Fish Laws of the State of Minnesota, as amended by laws of 1969, is hereby adopted as the Game and Fish Ordinance of the City of Oak Park Heights, Washington County, Minnesota. Every provision contained in the said statute is hereby adopted and made a part of this ordinance by reference as if fully set forth herein. 1103.02 Definitions. The following terms shall have the following meanings: A. "Person" means any natural individual, firm, partnership, trust, estate, club, association or corporation, as applied to partnerships or associations. 13 "Firearm" means any weapon from which is propelled any missile, projectile or bullet, by means of explosives, gas, compressed air or mechanical spring and shall include air and BB guns. C. "Long Gun" means any rifle, shotgun or similar gun not designed to be fired from the hand. D. "Secured Container" means a locked case having no mechanical features designed for immediate weapons removal or use, and containing no other related objects. 1103.03 Persons Prohibited. It shall be unlawful for any person within the corporate limits of the City of Oak. Palk Heights to own, possess, carry, or have in his custody or control, any firearms or ammunition except as provided below: A. When upon the land of another, no person shall have in his possession a firearm without the express written and dated permission of the owner or lessee of such property. Page 93 of 130 This Page Is Left Intentionally Blank. Page 94 of 130 Oak Park Heights Request for Council Action Meeting Date October 23, 2007 Agenda Item Ordinance box — Pet Leash Law Time Required xo Agenda Placement Old Business Originating Department/Requestor Councilmember Mary McComber Requester's Signature _,! �(::L'�,� .A C` Action Requested Discuss Enforcement Background/ Justification (Please indicate any previous action has been taken or if other public bodies have been advised). This matter came before the council on October g, 2007. At that time, council made a motion to direct the City Administrator to place this matter on the Parks Commission Agenda for their recommendation. It was the general consensus of the Parks Commission that the ordinance not be amended, but that residents be encouraged to contact the police department if they see anyone violating the ordinance. The Parks Commission made a recommendation to the City Council that the ordinance stay as is and that the council find a way to encourage people to call the non -emergency line. Page 95 of 130 This Page Is Left Intentionally Blank. Page 96 of 130 R_ Oak Park Heights ENCLOSURE 1 Request for Council Action Meeting Date October 23 2007 Time Required: 3 Minutes Agenda Item Title: Schedule Budget Worksession Agenda Placement New Business Originating Department/Requestor Finance -Judy Holst Deputy Clerk/Finance Director Requester's Signature Action Requested Schedule budget worksession for November 7 2007 at 5:30 p.m.- Background/Justification (Please indicate if any previous action has been taken or if other public bodies have advised): A budget worksession should be scheduled to review and make any changes necessary to the 2008 budget before we have the December 3"d Truth in Taxation hearing. When we receive final 2008 tax capacity values the budget and levy may need to be adjusted to reflect any changes. At this time I have not received the final values, but hope to receive them in the very near future. Also, there is a proposed transfer from the General Fund to the Budgeted Projects Fund in the 2008 proposed budget in the amount of $695,000. Council has allocated $450,000 of this transfer to various future city capital projects. Council should allocate the remaining $245,000 of the proposed transfer. I recommend Council schedule a budget worksession for Tuesday November 7, 2007 at 5:30 p.m. Page 97 of 130 This rage!* Left Intentionally Blank. Page 98 0 130 01 .,, ` NCL OSURE 15 Oak Park Heights Request for Council Action Meeting Date October 23'd,2007 Agenda Item 'Title: Schedule Work session w/ Parks_ Commission to Discuss 5502 Osgood Ave. ! oTeriy. Time Required: _ 3 minutes Agenda Placement Originating Requester's Signature Action Requested Background/Justif-leationi(Ylease indicate if any previous action has been taken or if other public bodies have advised): The Parks Commission and City Council should hold a joint meeting retarding the future use and development of the property acquired at 5502 Osgood Ave. The Parks Commission is available to meet prior to the Nov 27`x' City Council meeting. I have discussed the possibility of this meeting with both Scott Richards and Dennis Postler and both will be able to attend. Page 99 of 130 This Page Is Left Intentionally Blank. Page 100 of 130 N Oak Park Heights ENCLOSURE 16 Request for Council Action Meeting Date October 23"' 2007 Time Required: _ S Minutes Agenda Item Title: Rental Housing Registration and Inspections Agenda Placement New Business Originating Department/Requestor 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): Discuss the possibility of implementing a Rental Housing program where rental units (possibly all types including single family units) would be required to be inspected on a regular basis. See enclosed: 1. copy of Title 9 Ordinance from Moorhead as an example and its related penalty ordinances, 2. Administrative Penalty for housing violations, 3. Other information from the City explaining its Renntal Registration and Inspection Program, 4. Pioneer Press Article :10/7/07 discussing the general issue. Page 101 of 130 TITLE 9 BUILDING REGULATIONS CHAPTER 7 RENTAL UNIT REGISTRATION AND INSPECTIONS 9-7-1; PURPOSE: The city recognizes a need for an organized inspection program of residential rental units within the city in order to ensure that rental units meet city and state safety, health, fire and zoning codes within the city and to provide a more effective system for compelling both absentee and local landlords to correct violations and properly maintain rental property within the city. The city recognizes that the most effective system to provide for rental inspections is the creation of a program requiring the registration of all residential rental units within the city so that orderly inspection schedules can be undertaken by appropriate city officials. (Ord. 2005-30, 12-5-2005) 9-7-1-1: PROGRAM ADMINISTRATION, The city manager shall have the authority to designate a director of rental registration who shall administer and enforce the rental registration program. The city manager shall also have the authority to designate the authority to administer the rental registration program to city staff who in the city manager's discretion are necessary to administer the rental registration program. (Ord. 2005-30, 12-5- 2005) 9-7-2: DEFINITIONS. For purposes of this chapter, the following definitions shall apply: DWELLING: Any building, including a "manufactured home (mobile home)" as defined in section 10-2-2 of this code, which is intended to be used for living or sleeping by human occupants. RENTAL: The leasing of a rental unit to a nonowner for a fixed or nonfixed period of time, and shall include lease to buy, contract for deed, installment sales, purchases", and other similar arrangements whereby nonpayment of a periodic payment means the occupants may be evicted without the necessity of either a statutory mortgage foreclosure procedure, a statutory termination of contract for deed procedure or a statutory repossession procedure. RENTAL UNIT: Any room or group of rooms located within a dwelling and forming a single habitable unit. Rental unit also includes a lot in a manufactured Page 102 of 130 home park which is rented to a person or entity to place a manufactured home on the lot, whether or not the, manufactured home is owner -occupied or leased. (Ord. 94-10, 7-18-1994, eff. 11-1-1994, amd. Ord. 96-10, 5-6-1996) 9-7-3: REGISTRATION REQUIREMENTS: No person shall hereafter occupy, allow to be occupied or let to another person for occupancy any rental unit within the city for which a rental unit registration has not been issued by the housing division of the fire department of the city. An application for registration shall be made upon forms furnished by the city for such purpose and shall specifically require the following minimum information: (Ord. 94-10, 7-18-1994, eff. 11-1-1994) A.Name, address and phone number of the property owner. if the property is owned by a partnership, the names and addresses of all of the partners. If the property is owned by a corporation, the names and addresses of all shareholders who own ten percent (10%) or more of the corporation's stock. (Ord. 2005-30, 12-5-2005) B.Name, address and phone number of the designated local property manager. There must be an owner or local property manager residing within Clay County, Minnesota or Cass County, North Dakota. C.The street address of the rental property. D.The number and types of units within the rental property (dwelling units or sleeping rooms). E.The maximum number of occupants permitted for each dwelling unit or sleeping room. 1= .The name, phone number and address of the person authorized to make or order made repairs or services for the property, if in violation of city or state codes, if the person is different than the owner or focal manager. (Ord. 94-10, 7-18-1994, eff. 11-1-1994) G.AII new rental registration applicants shall submit proof that they have completed crime free multi -housing classroom training within ninety (90) days of registering a rental property. H.AII rental registration owners and managers are required to submit a corrective plan of action after having a rental property's registration revoked or suspended and shall submit proof that they have completed crime free multi - housing classroom training within ninety (90) days of reregistering the property. Page 103 of 130 Upon request by the city, the owner of the property shall submit to the city, within ten (10) days of the request, a list of the names and vehicle license plate numbers of the occupants of the rental property. (Ord. 2005-30, 12-5- 2005) 9-7-4: EXEMPTIONS: This chapter shall not apply to campus dormitory and campus residence units, hospital units, nursing home units, retirement home units, nor other similar units which are otherwise licensed by the state or city. (Ord. 94-10, 7-18-1994, eff. 11- 1-1994) 9-7-5: MANNER OF REGISTRATION RENEWAL: A.Registration shall be required annually and be issued prior to annual renewal date. The city shall be required annually to mail registration renewal forms to the property owner or designated local manager thirty (30) days prior to expiration and such renewal forms may be returned by mail, at the property owner or designated local manager's risk to the housing division of the fire department of the city. B.The city shall not register a rental unit unless the owner has paid all property taxes assessed to the property and the property is not delinquent in any other obligations to the city of Moorhead. (Ord. 2005-30, 12-5-2005) 9-7-6: TRANSFER OF PROPERTY: A.Every new owner of a rental unit (whether as fee owner or contract purchaser) shall be required to furnish to the housing division the new owner's name, address and phone number, and the name, address and phone number of the owner's designated local manager before taking possession of the rental property upon closing of the transaction. B.Every new owner of a rental unit (whether as fee owner or a contract purchaser) shall call the city to have said property inspected pursuant to section 9-7-11 of this chapter within thirty (30) days of the transfer of the rental property, and shall pay a transfer fee as determined by the city pursuant to section 9-7-8 of this chapter to the city of Moorhead. C.Every owner of property currently being utilized as a single-family housing unit, who is considering converting the property to a rental property, may have the property inspected prior to completing the conversion. The inspection shall be in accordance with section 9-7-11, "Inspections And Investigations", of this chapter. (Ord. 2005-30, 12-5-2005) 9-7-7: POSTING OF REGISTRATION: Page 104 of 130 Each registration holder shall post the annual registration issued by the city in a conspicuous spot near the front entrance to the rental unit, a public corridor, hallway or lobby of the rental dwelling for which it is issued. Only one registration need be posted for each separate apartment building. Failure to post the registration shall not be grounds for termination of registration, but such violation shall constitute a misdemeanor. (Ord. 94-10, 7-18-1994, eff. 11-1-1994) 9-7-8: FEES: A.The fees for registration, a registration renewal, a transfer, a late fee, and inspection fees shall be in the amount set by the city council from time to time by resolution. B.Whenever any person fails to pay the registration fees and other fees associated with this chapter, the city may assess these fees against the property for which they were assessed and such assessed fees shall be certified as other taxes are certified. (Ord. 2005-30, 12-5-2005) 9-7-9: MAINTENANCE OF RECORDS: All records, files and documents pertaining to the rental registration and rental unit inspection program shall be maintained in the housing division of the fire department of the city and made available to the public as allowed or required by state law or city ordinance. (Ord. 94-10, 7-18-1994, eff. 11-1-1994) 9-7-10: MAINTENANCE STANDARDS: A.Every rental unit, other than a manufactured home lot, shall be maintained in accordance with the building standards of chapter 2 of this title, the fire code adopted in chapter 5 of this title, the building code adopted in chapter 1 of this title, and in a manner so as not to create a nuisance pursuant to title 3, chapter 3 of this code. B.Every rental unit which is a manufactured home lot shall be maintained in accordance with the requirements of title 2, chapter 7 of this code, and in a manner so as not to create a nuisance pursuant to title 3, chapter 3 of this code. (Ord. 96-10, 5-6-1996) 9-7-11: INSPECTIONS AND INVESTIGATIONS: A.Fire department personnel, police officers, the city sanitarian, the city building code officials, and rental registration inspectors are hereby authorized to make inspections reasonably necessary to the enforcement of this chapter. (Ord. 2005-30, 12-5-2005) Page 105 of 130 B.AII persons authorized herein to inspect shall have the authority to enter, at all reasonable times, any rental dwelling or rental unit which is registered pursuant to the provisions of this chapter. (Ord. 94-10, 7-18-1994, eff. 11-1- 1994) C.Persons inspecting any rental dwelling or rental unit as provided herein shall notify the registration holder or designated manager/caretaker of all violations, if any, by written notice. Said notice shall direct that correction of any life safety violation be made immediately and that any additional violations noted, if any, will be reinspected in not less than twenty two (22) days, unless extended by the compliance official based on good cause. (Ord. 2000-7, 7- 10-2000) DA registration holder may appeal a compliance order by filing a written appeal with the city clerk within ten (10) days of the date of the compliance order. The city manager shall schedule a hearing within ten (10) days of the filing of the notice of appeal. Enforcement of the compliance order shall be stayed pending the decision of the city manager on the appeal. (Ord. 94-10, 7-18- 1994, eff. 11-1-1994) 9-7-12: CONDUCT ON REGISTERED PREMISES: A.E=or purposes of this section, a premises is disorderly at which any of the following activities occur: 1. Conduct which constitutes a violation of sections 3-3-2 and 3-3-3 of this code relating to public nuisances. 2. Conduct which constitutes a violation of section 4-4-2 of this code relating to noisy parties and other unnecessary and loud noises. 3. Conduct which constitutes a violation of laws relating to the possession of controlled substances, as defined in Minnesota statutes 152.01 et seq. 4. Conduct which constitutes a violation of section 4-4-1 of this code relating to disorderly conduct or creating a breach of the peace or violation of laws relating to disorderly conduct as defined in Minnesota statutes 609.72. 5. Conduct which constitutes a violation of subsection 2-3-14C of this code relating to minors possessing or consuming alcohol, subsection 2-3-14B of this code relating to providing alcohol to minors, or violation of Minnesota statutes 340A.701, 340A.702 or 340A.703, relating to the sale of intoxicating liquor. 6. Conduct which constitutes a violation of subsection 4-4-11A or 4-4-11 B of this code relating to prostitution or indecent exposure, or a violation of laws Page 106 of 130 relating to prostitution or acts related to prostitution as defined in Minnesota statutes 609.321, subdivision 9. 7. Conduct which constitutes a violation of section 4-4-12 of this code relating to weapons, or laws relating to unlawful use or possession of a firearm as defined in Minnesota statutes 609.66 et seq., on the registered premises. 8. Conduct which constitutes a violation of section 4-4-9 of this code relating to assaults, or 609.221 et seq., of the Minnesota statutes relating to assaults, including domestic assaults, as defined in Minnesota statutes 609.224. 9. Conduct which constitutes a violation of 609.595 of the Minnesota statutes relating to criminal damage to property. 10. Conduct which constitutes a violation of 609.713 of the Minnesota statutes relating to terroristic threats. (Ord. 96-9, 5-6-1996) B.The city manager shall be responsible for administration of this section. The authority to take any action authorized under this section may be delegated to the city manager's authorized designee or designees. C.Upon determination by the city manager or his/her designee that a rental unit registered premises was used in a disorderly manner, as described in subsection A of this section, the city manager or his/her designee, shall give notice to the registration holder and the renters of the rental unit affected, of the violation and direct the registration holder to take steps to prevent further violations. (Ord. 94-10, 7-18-1994, eff. 11-1-1994) D.lf another instance of disorderly use of the rental unit registered premises occurs within twelve (12) months of an incident for which a notice in subsection C of this section was given, the city manager, or his/her designee, shall notify the registration holder and the renters of the affected unit of the violation and shall require the registration holder to submit a written report of the actions taken, and actions proposed to be taken, by the registration holder to prevent further disorderly use of the premises. This report shall be submitted to the city manager, or his/her authorized designee, within five (5) days of receipt of the notice of disorderly use of the premises, and shall detail all actions taken by the registration holder in response to all notices of disorderly use of the premises within the preceding twelve (12) months. Elf another instance of disorderly use of the rental unit registered premises occurs within twelve (12) months after any two (2) previous instances of disorderly use for which notices were given to the registration holder and the renters of the affected unit, pursuant to this section, the rental dwelling license for the rental unit may be denied, revoked, suspended or not renewed if the actions proposed to be undertaken by licensee pursuant to subsection D of Page 107 of 130 this section are inadequate and/or are not being diligently pursued. An action to deny, revoke, suspend or not renew a license under this section shall be initiated by the city manager, or his/her designee, pursuant to the procedures set out in section 9-7-13 of this chapter. (Ord. 2005-30, 12-5-2005) F.A determination that the registered premises have been used in a disorderly manner as described in subsection A of this section shall be made upon a fair preponderance of the evidence to support such a determination. It shall not be necessary that criminal charges be brought in order to support a determination of disorderly use, but the incident must have resulted in the police being called to the rental unit registered premises and a police report being prepared. G.For purposes of this chapter, "disorderly use of the rental unit registered premises" shall mean disorderly use in the particular rental unit by the renters, occupants or guests or conduct by the tenants which constitutes disorderly use anywhere on the property of the apartment building or home or mobile home park in which the rental unit is situated. (Ord. 94-10, 7-18-1994, eff. 11- 1-1994) N.No adverse license action shall be imposed where the instance of disorderly use of the licensed rental unit occurred during the pendency of eviction proceedings (unlawful detainer), or within thirty (30) days of notice given by the licensee to a tenant to vacate the premises where the disorderly use was related to conduct by that tenant or by other occupants or guests of the tenant's unit. Eviction proceedings shall not be a bar to adverse license action however, if the eviction proceedings are not diligently pursued by the licensee. Further, an 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 measures which will prevent further instances of disorderly use. (Ord. 96-9, 5-6-1996) L Notwithstanding any other language of this section to the contrary, conduct which otherwise constitutes disorderly use for purposes of this section will not be deemed to be disorderly use for purposes of this section if the police discovered the domestic abuse or other conduct as a result of a call by a tenant of the rental unit in which the disorderly use is occurring, or if the use is occurring outside the specific rental unit, by a tenant of the rental unit which would have otherwise received notice of disorderly use pursuant to the terms of this section. (Ord. 97-13, 8-18-1997) 9-7-13: FAILURE TO GRANT REGISTRATION, REVOCATION, SUSPENSION OR FAILURE TO RENEW REGISTRATION: A.The city reserves the right not to register a unit unless the rental unit or units for which registration is sought complies with the requirements of this chapter. Page 108 of 130 B.Any registration issued under this chapter is subject to the right, which is hereby expressly reserved by the city, to suspend, revoke or fail to renew the same should the registration holder or their agents, employees, representatives or lessees directly or indirectly operate or maintain the rental dwellings contrary to the provisions of this chapter, other than section 9-7-12 of this chapter, or any other ordinance of the city or any special permit issued by the city, or the laws of the state. Provided, however, registration shall not be suspended, revoked or failed to be renewed if the registration holder complies with a compliance order or orders in a timely manner. (Ord. 97-8, 7- 7-1997) C.The city manager or fire marshal, or their designees, shall notify, in writing, the applicant that his/her registration has been denied, or the registration holder that his/her registration is being suspended, removed or nonrenewed. The suspension, revocation or nonrenewal shall occur thirty five (35) days after the date of the order, or at such later date as set out in the order. The notice shall be served by mailing a copy of the order to the property owner, and the designated local property manager, if any, as indicated in the records on file in the housing division of the fire department of the city. (Ord. 2005-30, 12-5- 2005) D.The registration holder, or designated local manager, shall have the right to request a hearing before the city council by filing a written appeal from the order at the office of the city clerk within fifteen (15) days of the date of the order. The timely filing of the written appeal shall stay the enforcement of the order until the appeals process is completed. (Ord. 97-8, 7-7-1997) E.The registration holder shall receive at least seven (7) days' written notice of the hearing date before the council and, at the hearing, the registration holder, the local managing agent, or an attorney representing the registration holder may present evidence. After the hearing, the council may uphold the decision of the fire marshal or city manager, or their designees, reverse the decision of the fire marshal or city manager, or their designees, or enter a different order with different conditions if the city council deems it necessary to protect the public health, sanitation, safety or general welfare of the community at large or the residents of rental units in the city. The city council shall issue written findings of fact and its order within twenty (20) days of the hearing. (Ord. 2005-30, 12-5-2005) F.The decision of the city council may be appealed by the registration holder by filing an appeal or an appropriate writ with the Clay County district court within fifteen (15) days of the date of the order of the city council. (Ord. 97-8, 7-7- 1997) G.A reinstatement fee will be charged to the owner of a rental property the rental registration of which has been revoked. Before issuing a registration Page 109 of 130 certificate any code violations or deficiencies must be corrected prior to inspection and any outstanding fees must be paid in full. (Ord. 2000-7, 7-10- 2000) 9-7-14: RENTAL APPEALS BOARD; (Rep. by Ord. 97-8, 7-7-1997) 5: SUMMARY ACTION: A.When the conduct of any registration holder or their agent, representative, employee or lessee, or the condition of their rental dwelling or rental unit is detrimental to the public health, sanitation, safety and general welfare of the community at large, or residents of the rental units so as to constitute a nuisance, fire hazard, or other unsafe or dangerous condition and, thus, give rise to an emergency, the fire marshal or city manager, or their designees, shall have the authority to summarily condemn or close off individual rental units or such areas of the rental dwelling as necessary. Notice of summary condemnation shall be posted at the units or areas affected and shall indicate the units or areas affected. No person shall remove the posted notice, other than the fire marshal, city manager, or their designated representative. Any person aggrieved by the decision or the action of the city manager or fire marshal, or their designees, set out in this subsection may appeal the decision following the procedures set out in section 9-7-13 of this chapter. If the aggrieved person had not received summary action; however, the date of the hearing may be expedited with the consent of the registration holder. (Ord. 94-10, 7-18-1994, eff. 11-1-1994) B.The decision of the city manager or fire marshal, or their designees, set forth in subsection A of this section shall not be voided by the filing of such appeal. Only after the hearing by the city council has been held will the decision or action of the city manager or fire marshal, or their designees, be affected. (Ord. 200530, 12-5-2000) 9-7-16: APPLICABLE LAWS. Registration holders shall be subject to all of the ordinances of the city and state relating to rental dwellings, and this chapter shall not be construed or interpreted to supersede or limit any other such applicable ordinance or law. (Ord. 94-10, 7- 18-1994, eff. 11-1-1994) 9-7-17; VIOLATIONS, INJUNCTIVE RELIEF. Nothing in this chapter shall prevent the city from taking affirmative action under any of its city fire, housing, zoning or other health safety codes for violations thereof to seek either injunctive relief or criminal prosecution for such violations in Page 110 of 130 accordance with the terms and conditions of the particular ordinance or code under which the city would proceed against the property owner, designated property manager or occupant of any residential rental dwelling unit covered by this registration and inspection chapter. Nothing contained in this chapter shall prevent the city from seeking injunctive relief against a property owner or designated property manager who fails to comply with the terms and conditions of this chapter on registration to obtain an order closing such rental units until violations of this particular chapter have been remedied by the property owner or designated property manager. (Ord. 94-10, 7-18-1994, eff. 11-1-1994) 9-7-18: EFFECTIVE DATE: This chapter shall not become effective until November 1, 1994, and prior to that date the current title 9, chapter 7 of this code shall remain in full force and effect. Provided, however, that the registration application and issuance sections of the chapter shall become effective immediately, and all rental units must be properly registered prior to the effective date of this chapter or be held to be in violation of this chapter. The initial rental registration shall cover a period from the date of its issue through December 31, 1995. (Ord. 94-10, 7-18-1994, eff. 11-1-1994) 9-7-19: SEVERABILITY CLAUSE: If any section, subsection, sentence, clause, or phrase of this chapter is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this chapter. (Ord. 94-10, 7-181994, eff. 11-1-1994) 9-7-20: PENALTY: Any person convicted of violating any provision of this chapter shall be guilty of a petty misdemeanor and be subject to a fine not to exceed two hundred dollars ($200.00). (Ord. 95-13, 8-7-1995) Page 111 of 130 TITLE 1 ADMINISTRATIVE CHAPTER 4 JURISDICTION AND GENERAL PENALTY 1-4-4: ADMINISTRATIVE CITATIONS AND CIVIL PENALTIES: A.Purpose: The city council finds that there is a need for alternative methods of enforcing this code. While criminal fines and penalties have been the most frequent enforcement mechanism, there are certain negative consequences for both the city and the accused. The delay inherent in that system does not ensure prompt resolution. Citizens resent being labeled as criminals for violations of administrative regulations. The higher burden of proof and the potential of incarceration do not appear appropriate for most administrative violations. The criminal process does not always regard city code violations as being important. Accordingly, the city council finds that the use of administrative citations and the imposition of civil penalties is a legitimate and necessary alternative method of enforcement. This method of enforcement is in addition to any other legal remedy that may be pursued for city code violations. B.General Provisions: 1. A violation of the provisions of titles 3, 9 or 10 of this code, in addition to being a possible criminal violation, is an administrative offense that may be subject to an administrative citation and civil penalties. Each day a violation exists constitutes a separate offense. The city may elect to pursue either the administrative offense or the applicable criminal offense, but not both for the same offense. 2. An administrative offense may be subject to a civil penalty not exceeding two thousand dollars ($2,000.00). 3. The city council must adopt by resolution a schedule of fines for offenses initiated by administrative citation. The city council may adopt a schedule of fees to be paid to administrative hearing officers. 4. The city manager must adopt procedures for administering the administrative citation program. C.Administrative Citation: Page 112 of 130 1. A person authorized to enforce provisions of titles 3, 9 or 10 of this code may issue an administrative citation upon belief that a code violation has occurred. The citation must be issued in person or by mail to the person responsible for the violation or attached to the motor vehicle in the case of a vehicular offense. The citation must state the date, time, and nature of the offense, the name of the issuing officer, the amount of the scheduled fine, and the manner for paying the fine or appealing the citation. 2. The person responsible for the violation must either pay the scheduled fine or request a hearing within seven (i) days after issuance. Payment of the fine constitutes admission of the violation. A late payment fee of ten percent (10%) of the scheduled fine amount may be imposed under subsection F of this section. D.Administrative Hearing: 1. The city council will periodically approve a list of lawyers from which the city manager will randomly select a hearing officer to hear and determine a matter for which a hearing is requested. The accused will have the right to request no later than five (5) days before the date of the hearing that the assigned hearing officer be removed from the case. One request for each case will be granted automatically by the city manager. A subsequent request must be directed to the assigned hearing officer who will decide whether he or she cannot fairly and objectively review the case. The city enforcement officer may remove a hearing officer only by requesting that the assigned hearing officer find that he or she cannot fairly and objectively review the case. If such a finding is made, the officer shall remove himself or herself from the case, and the city manager will assign another hearing officer. The hearing officer is not a judicial officer but is a public officer as defined by Minnesota statutes section 609.415. The hearing officer must not be a city employee. The city manager must establish a procedure for evaluating the competency of the hearing officers, including comments from accused violators and city staff. These reports must be provided to the city council. 2. Upon the hearing officer's own initiative or upon written request of an interested party demonstrating the need, the officer may issue a subpoena for the attendance of a witness or the production of books, papers, records or other documents that are material to the matter being heard. The party requesting the subpoena is responsible for serving the subpoena in the manner provided for civil actions and for paying the fees and expenses of a witness. A person served with a subpoena may file an objection with the hearing officer promptly but no later than the time specified in the subpoena for compliance. The officer may cancel or modify the subpoena if it is unreasonable or oppressive. A person who, without just cause, fails or refuses to attend and testify or to produce the required documents in obedience to a subpoena is guilty of a misdemeanor. Alternatively, the party Page 113 of 130 requesting the subpoena may seek an order from district court directing compliance. 3. Notice of the hearing must be served in person or by mail on the person responsible for the violation at least ten (10) days in advance, unless a shorter time is accepted by all parties. At the hearing, the parties will have the opportunity to present testimony and question any witnesses, but strict rules of evidence will not apply. The hearing officer must tape record the hearing and receive testimony and exhibits. The officer must receive and give weight to evidence, including hearsay evidence, that possesses probative value commonly accepted by reasonable and prudent people in the conduct of their affairs. 4. The hearing officer has the authority to determine that a violation occurred, to dismiss a citation, to impose the scheduled fine, and to reduce, stay, or waive a scheduled fine either unconditionally or upon compliance with appropriate conditions. When imposing a penalty for a violation, the hearing officer may consider any or all of the following factors: a. The duration of the violation; b. The frequency or reoccurrence of the violation; c. The seriousness of the violation, d. The history of the violation; e. The violators conduct after issuance of the notice of hearing; f. The good faith effort by the violator to comply; g. The economic impact of the penalty on the violator; h. The impact of the violation upon the community; and i. Any other factors appropriate to a just result. The hearing officer may exercise discretion to impose a fine for more than one day of continuing violation, but only upon a finding that: 1) the violation caused a serious threat of harm to the public health, safety, or welfare; or that 2) the accused intentionally and unreasonably refused to comply with the code requirement. The hearing officer's decision and supporting reasons must be in writing. 5. The failure to attend the hearing constitutes a waiver of the violator's rights to an administrative hearing and an admission of the violation. A hearing Page 114 of 130 officer may waive this result upon good cause shown. Examples of "good cause are: death or incapacitating illness of the accused; a court order requiring the accused to appear for another hearing at the same time; and lack of proper service of the citation or notice of the hearing. "Good cause" does not include forgetfulness and intentional delay. E.Judicial Review: An aggrieved party may obtain judicial review of the decision of the hearing officer by filing a written appeal setting forth the party's grounds for the appeal to the Clay County district court within thirty (30) days of the date of the order of the hearing officer. The clerk of district court will notify the city of any such appeal, and the city shall file with the court all exhibits and the tape of the hearing before the hearing officer. The court will review such record, and either uphold, reverse, or modify the order of the hearing officer, or, if the court feels the record is insufficient, or desires to hear arguments on the appeal, may schedule a new evidentiary hearing on the matter, or arguments on the record, or both. The court, unless it schedules an evidentiary hearing, will uphold the order of the hearing officer, unless the court determines that the order was clearly erroneous, or the administrative penalty imposed clearly excessive. F.Recovery Of Civil Penalties: 1. if a civil penalty is not paid within the time specified, it will constitute: a. A lien on the real property upon which the violation occurred if the property or improvements on the property was the subject of the violation and the property owner was found responsible for that violation; or b. A personal obligation of the violator in all other situations. 2. A lien may be assessed against the property and collected in the same manner as taxes. 3. A personal obligation may be collected by appropriate legal means. 4. A late payment fee of ten percent (10%) of the fine may be assessed for each thirty (30) day period, or part thereof, that the fine remains unpaid after the due date. 5. Failure to pay a fine is grounds for suspending or revoking a license related to the violation. 6. The city may request the district court, after a hearing, to hold the violator in contempt of court for not paying the fine, and the court may impose any such penalties that the court could impose for not paying a fine for a criminal sentence imposed by the district court. Page 115 of 130 G.Double Jeopardy: If the final adjudication in the administrative penalty procedure is a finding of no violation, then the city may not prosecute a criminal violation in district court based on the same set of facts. This does not preclude the city from pursuing a criminal conviction for a violation of the same provision based on a different set of facts. (Ord. 2004-18, 6-21-2004) Page 116 of 130 Administrative Citations and Civil Penalties Moorhead Neighborhood Services Division Purpose: In 2004, the City of Moorhead adopted a form of code enforcement that assesses civil penalties for ordinance violations as an alternative to criminal charges. The process is intended to be timelier, less costly, and more effective than processing violations through the court system. Those charged with a violation still have due process rights to a hearing before a neutral hearing officer and rights of appeal. Compliance with the Moorhead City Code Title 3, Public Health and Sanitation; Title 9, Building Regulations; and Title 10, Zoning, while minimizing the investment of public resources is the goal of the Property Maintenance Program. Enforcement Priorities: Enforcement will cover the City Code areas referenced above, however, in order to use public resources effectively, enforcement will generally be prioritized in an order that emphasizes the more important community issues first: • Hazardous Property Condition: Conditions that constitute a clear and present danger to the public as regulated by City Code Title 3, 9, or 10 • Substandard Property Condition: Substandard building/property conditions affecting health and safety of the occupants or the public as regulated by City Code Title 9 • Vacant and/or unsecured buildin s: Unoccupied buildings meeting the conditions identified by City Code Title 9-8-12-A ■ Substandard or Illegal rental dwellin units: Includes rental housing units not compliant with City Code Title 9-7, or unregistered or overcrowded rental units as defined by City Code Title 10-2-2 • Other substandard building conditions: negatively impacting the appearance of the neighborhood as regulated by City Code Title 9 ■ Zoning violations: Issues defined and regulated by City Code Title 10 ■ Grass and weed control: Overgrown grass and noxious weed control as specified in City Code Title 3 • Nuisances: Excessive trash or debris; inoperable/junk vehicles, unsanitary or nuisance conditions as specified in City Code Title 3 ■ Snow and Ice Removal: Snow and ice located on sidewalks and driveway approaches City Code Title 3 Procedure: Residents or city employees may identify code violations. A city inspector will verify the existence of the violation and notify the property owner by mail, personal delivery, or placard upon the structure. The notification will include information regarding the required remedy, timeline, penalty and the appeal process. The City or a contracted designee may correct issues requiring emergency action due to the potential effect on public health or safety without authorization by the property owner if immediate attempts to notify the property owner are unsuccessful and appropriately documented. Costs associated with remediation of emergency orders are the responsibility of the property owner, and will be assessed against the property if not paid in full upon billing. Approved Page 1 June 2005 Page 117 of 130 At the conclusion of the time period allowed for the property owner to remedy the violation, a re -inspection will be conducted to determine if the violation has been satisfactorily addressed. If the violation has been corrected and the administrative penalties have been paid, the offense is closed. If the violation has not been corrected, daily penalties equal to the original penalty fee may be charged. Subsequent violations at the same property within a 12 -month period may also result in enhanced penalties. The maximum penalty per violation is $2,000. Penalties not paid within seven days from the date of the citation will be subject to 10% late fees for each 30 -day period, or part thereof, that the fine remains unpaid after the due date. Penalties may be assessed against the property if not paid within the time specified. Penalties imposed may continue to follow the owner even if ownership of the property is relinquished. An order may be recorded against the property and could affect the owner's ability to sell the property. Fee Structure: The Moorhead City Council has adopted the following penalty structure for violations of the City Code set forth in Titles 3, 9, and 10: Violation' Pena It 23 Hazardous Propeq Condition $200 Substandard Property Condition $100 illegal dwellin units $100 Nuisances $100 Zoning Violations $100 Other Violations $100 ' Multiple code violations may be cited at the same property as distinct code violations, subject to individual penalties, compliance timelines, and/or violation remedies, or enforcement actions. 'Violations that continue beyond the established timeline or repeat violations within a 12 -month period at the same property are subject to daily penalties for each day of noncompliance beyond the established timeline. The maximum penalty per violation is $2,000. 'Costs incurred by the City of Moorhead associated with abatement of emergency or unattended violations are charges additional to stated penalties. Approved Page 2 June 2005 Page 118 of 130 Appeals Process: A property owner may contest the penalty by requesting a hearing in writing within 7 days of the violation to the address listed on the citation. A hearing officer and date will be assigned. If an alternate hearing date is requested, this request must be made at least five days prior to the scheduled hearing date. Filing of an appeal does not stop the accumulation of penalties. Variances or deviations from the City Code are not debatable under the appeal process. The appeal may address material misstatements of fact that may have resulted in a wrongful citation, improper application of ordinances to the facts, or situations in which notices or other procedures have not been properly followed. Persons filing appeals must pay a $50 filing fee, which may be waived based upon demonstration of financial hardship. Approved Page 3 June 2005 Page 119 of 130 Neighborhood Services 111 12th Street North s (Moorhead MN 56560 Administrative Citation Appeal Case Number Property Owner Property Address Violation Description: Reason forappeal: The hearing officer may not grant variances or deviations from the City Code. The appeal must address material misstatements of fact, which may have resulted in a wrongful citation, improper application of ordinances to the facts, or situations in which notices or other procedures have not been properly followed. Misstatement of fact Please describe. Misapplication of facts to ordinance Please describe. Procedural error Please describe. Legal representation is not required for an administrative hearing, but please indicate if you intend to have an attorney present at the hearing: Yes No Approved Page 4 �une 2005 age 20 of 130 Judy 13, 2006 The Honorable Judge Michael Kirk Clay County District Court 807 1 Its' Street North Moorhead MN 56560 Re: City of Moorhead Administrative Citations and Civil Penalties Dear Judge Kirk: Following a full year of implementation, I felt it important to update you on the progress of the City of Moorhead's Administrative Citation and Civil Penalty System. In early 2005, the City established a Neighborhood Services Division and proceeded to develop procedural systems to enact the Administrative Citation code in June 2005. Enclosed is a summary of the procedures and the appeal process established. To date, the citation procedure has been used on a variety of code enforcement matters from nuisance issues, such as weeds and unkempt properties, to housing matters affecting the safety of residents and neighborhood livability, including unsafe sleeping spaces, over -occupancy of dwelling units, and unaddressed housing violations. To date, approximately 75 administrative citations have been issued. In cases which are not immediate life safety hazards, a written warning and compliance period are given to the property owner before a financial penalty is levied. Each case has been documented with photographs or other evidence. 'There have been no formal appeals filed, and few repeat violations. As the administrative citation procedure was being implemented, the City of Moorhead was also instituting other code enforcement tools, including vacant building registration and enhanced rental registration and inspection procedures. Each of these tools provides the ability to address unattended or repeat violations with financial penalties. The successful outcomes of these endeavors mean to the community fewer vacant and dangerous buildings; fewer noisy, disruptive residences in our neighborhoods; and reduced repetitive enforcement. These promising results are enabling our Neighborhood Services staff to concentrate resources on complex enforcement matters and redevelopment opportunities that have been until now out of reach. Page 121 of 130 The City thanks the Court, Judge Kirk, for enabling this innovative solution to more directly deal with the routine yet important code enforcement problems that absorb the City's enforcement resources and the Court's valuable time. The program is truly making a difference in Moorhead. Very sincerely yours, Bruce A. Messelt City Manager Attachment: Administrative Citation and Civil Penalty Procedure Page 122 of 130 2007 Rental Registration and Inspection Program 2007 bees & Chary,es The 2007 fee structure approved by the Moorhead City Council has the same basic building; and unit charges as in 2006 with the following notable changes: • Maximum building fee per property: Adjacent buildings with common ownership and management will pay no more than two building fees per property provided common inspections are conducted. • Incentive option for high performing multi and single-family properties: Several properties have been identified that qualify for self re -inspection and will receive a $50 reduction on their building fee. This discount has been noted on the registration forms of qualifying properties. Self re -inspections will be randomly checked for accuracy by appointment. The discount is based on the following criteria: o 2 or fewer violations/unit o No critical violations o No suspension/revocation based on tenant behavior o Timely remittance of registration o Total compliance and timely remittance of self re -inspection forms * Please note that this reduction does not apply to single sleeping rooms or single interior apartments within an owner -occupied unit, as the building fees for these units were discounted within the 2006 fee structure. Applications and associated fees must be postmarked before December 31 2006 to avoid late fees. 2006 Progress As of this writing, 97% of residential rental properties have been inspected since January 1, and the remaining units are scheduled for inspection in the next few weeks. Thanks in large pail to the cooperation of property owners and managers; the number of properties requiring re -inspection was significantly reduced ---from 43% in 2005 to 5% in 2006. This saved significant time on the part of inspectors and owners alike. A pre -inspection checklist sent out with the inspection appointment provides basic guidance on what the inspectors look for. Thanks to all for this partnership! While there has been cooperation and attentiveness at most properties, there have been some difficulties that cause concern. Some of them relate to the single-family rentals located near the college and university, and others have been in multifamily apartment buildings. Here are some issues that have caused concerns from the perspectives of safety, behavior/neighborhood relations, and property preservation: • Overcrowding: The maxiinum number of residents of a dwelling unit is four (or fewer, dependent upon square footage). • Tenant behavior - noise: Set appropriate expectations for tenants and follow through with consequences. • Cleanliness, excess materials storage, blocking exits: While everyone has a messy home sometimes, inspectors are occasionally finding units with extremely unsanitary conditions, this causes problems for the resident of that unit, and possibly endangers other tenants of the building with risk of fire and rodent infestations, and does damage to your property. Please monitor and correct any dangerous or unsanitary conditions at your rental housing units. Page 123 of 130 Moorhead Rental Policy Changes Type of Summary Description modification # Administrative A-] Information disclosure _ Require names of shareholders or partners if the property is a partnership or corporation. Additional information on rental registration form. Local manager must si Yn a i >lication _ A-2 Fee reduction incentives Dune performance-based incentives in the form of discounts for exemplary inspection record and prompt correction of property maintenance and tenant -based violations — Available in 2007_ A-3 Self-inspection/random Develop self -inspection checklist and random follow up inspection inspection protocol protocol for property owners and units demonstrated as consistently well -rnaintained with limited enforcement efforts needed — Available in 2007 Ordinance 0-1 inspections and fees for Require inspection and $50.00 transfer fee when a property is sold or transferred or prospective transferred, to establish a relationship with the new owner and to ensure rental property the property is in good condition upon transfer. inspection services will also be rnade available for properties that are being considered for conversion to rental housing. 0-2 Fiscal obligations Require that property taxes and other obligations to the City, including MPS billings, must not be delinquent for initial and annual rental registrations 0-3 'Tenant conduct suspension Extend the review period for disorderly incidents to 12 months (from G term months) D 4 flFut�are consrder�tron �rartfy that continued ocaupancy,b� anyone urtzclated tb the owzzGx zs `Consequeaicas far expressly prohrbated rf the rental regtsttatron fora unptZas' beep occup;3trcy a�ter;:revoeatiort suspended, or revoked and myoke�tta�or jiezialtres far dozig so, site$ as tfilzt. slit off, -hi" 1r fine:($10;000'' and/or?tcoizrt action . 0-5 Fee assessment authority Provide the authority for delinquent registration and late payment fees to be assessed against property (currently administrative penalties can be assessed O -G Programmatic authority Provide the City Manager authority to designate programmatic authority to other staff member(s) 0-7 Education requirement Require CFMH classroom training within 90 days for all new rental registrant owners or managers and owners required to submit corrective plans of action after having registration suspended or revoked 0-8 I irtur•e consideration - Limit the proportion of property within a defined neighborhood area that Neighborhood rental can be used as rental housing proportion restrictions 0-9 Future consideration — Include within rental housing occupancy tenant definition: All occupants Definition of "rental" unrelated to the owner whether or not funds are exchanged 0-10 Future consideration -- Define maximum length of time a guest may visit without being Definition of"guest" considered a tenant (unrelated adults) 0-11 F'wure consicler•ration -- L,imit occupancy to available off-street parking Parking restrictions Q 12 (I Dime] 1y �1 qj- Iteclurres upon :egues4'. a list 'of current tenants and':. ltcense<' prate e �>stratiorE rnforn�atzgri , n unbers of occi ants, at .the trzne;of zA tiar. an.. nnual re stratrop,'. ..,. , Miscellaneous M-1 Definition of weed Include provision to allow enforcement of grasses and weeds (eliminate Code Revisions violation reference to "noxious") exceeding 8 inches or longer covering at least 30% of the property or 250 contiguous s care feet, whichever is less M 2 Snow removal penalties Give authority for imposition of penalties under the administrative fee System M-3 Junk vehicle parking Clarify references in zoning and property maintenance codes regarding length of time an inoperable or unlicensed vehicle can be on a driveway Page 124 of 130 December 16, 2005 To: Moorhead Residential Rental Property Owners Re., 2006 Renta! Housing Registration and Inspection Program The Moorhead City Council has approved revised policies for its Rental Housing Registration and Inspection Program. The most significant revisions include changes to ordinances and administrative procedures for enforcement actions and a new fee structure described herein. Because the changes are coming late in the year, applications for 2006 registration will be extended until March 15, 2006. You will receive application materials prior to January 1, 2006. Ordinance and Administrative Changes Attachment 1): Most property owners will not be significantly affected by the enforcement changes; however, the modifications address primary enforcement challenges being experienced by our inspectors when dealing with novice, uncooperative, and/or inattentive property managers or problem tenants. Fee Structure Attachment 2): After significant community debate, fees have increased to make the rental registration program self supporting and to address increased resource allocation to code enforcement as the number of rental properties in the City has increased and community concern for the effects upon neighborhoods have grown. The revised fee structure also recognizes that the cost of inspections vary based upon numbers of units within buildings and owner/manager cooperation. The fee structure has a graduated building charge and a static per unit charge. There are also penalty fees and increased charges for re -inspection services, concentrating fees on properties causing the greatest allocation of City resources. There is an added registration cost for properties in which there has been serious enforcement issues in the prior year. The property owner can largely control the re -inspection charges by attending to maintenance matters in advance of scheduled inspections and on an ongoing basis. Property owners are responsible for servicing the heating systems, fire extinguishers, and smoke alarms in advance of scheduled visits, as well as attending to general maintenance concerns to avoid re -inspection charges. Neighborhood Services will send out a preliminary checklist that reflects most obvious issues to assist in advance preparation. Page 125 of 130 Other Important Matters: In addition to the policy and program revisions noted above, there are some compliance issues related to existing City Codes that are important to review in your business practices. • Over occupancy: The maximum occupancy of any housing unit is either a family in which all members are related by blood or adoption or four unrelated persons, regardless of the size of the unit. Some units may have fewer than four persons based on living and sleeping space available. Contact the Neighborhood Services office if you have questions about how to calculate occupancy standards. Over occupancy violations result in administrative penalties to the property owner. Two or more offenses may result in rental revocation or suspension in addition to administrative penalties. Inspection Services: Please inform your tenants that City inspectors have the right to inspect the properties at any reasonable time. They will have proper identification and their legitimacy can be verified by contacting the Neighborhood Services Division at 299-5434. Nearly all inspections are coordinated with the property owner and scheduled in advance; however, when dealing with over occupancy concerns, inspections are unannounced. Tenant Behavior: The property manager must monitor the property and communicate with tenants frequently enough to recognize problems. Please have frank discussions with your tenants regarding the consequences of noncompliance with laws and regulations. It is very disruptive to both tenants and owners if a property's occupancy must be reduced or terminated due to code violations. You may also benefit by establishing a good working relationship with neighboring residents so that they communicate with you directly to address problems. Some property managers are putting provisions in their leases that pass penalty costs onto tenants for situations caused by the behavior of the tenants. Others are implementing rent surcharges that are rebated to the tenants at the end of the lease if there are no violations. We hope to share examples of successful techniques and model lease language in the future. The City recognizes that rental properties provide very important housing opportunities, and not all properties have the significant compliance issues that are causing neighborhood and community concern. We appreciate your partnership in providing a healthy rental market and a healthy community for all Moorhead residents. Please contact Neighborhood Services if you have any questions about this information. Sincerely, Lisa J. Vatnsdal Neighborhood Services Manager Page 126 of 130 Pq Pre 4% muUm"MAUMD M I N N E S 0 T A 2006 Rental Registration Program Structure Annual Registration Fees: Building Size Base Building Base Unit Penalty Fee Fee Fee Owner -Occupied Single Family Dwelling w/Engle $75 $15 $250 Sleeping Room or Single Internal Apartment 1 unit $175 $15 $250 2 --- 4 units $200 $15 $250 5 — 12 units $225 $15 $250 13 or more units 1 $250 A $15 1 $250 'Applies as an additional registration cost to properties with excess tenant and/or property maintenance violations on a per building basis Inspection Procedure: • Send out pre -inspection checklist with inspection appointment • Initial inspection charge included in annual registration fee • Subsequent re -inspection $100 charge (very minor violation corrections may be self -certified if good history of compliance) • Violations extending beyond re -inspection date subject to administrative penalty system and fees Future program enhancements: • Self-inspection/self-certification option to be available in 2007 • Educational efforts — promote no -tolerance leases and/or surcharge/rebate lease provisions for positive tenant behavior • Cross-check program against Section 8 inspection program • Modify program, as needed, following implementation and evaluation No -,,em e 9.T,W_9f 130 Page l of 3 Suburbs nLce�:F tough ?° single-family rentals fron'$, n Cs6.hcw.,'i f:£F'onpt St $ tlel€ lt �e1n e F uk.e ss ::<€ €'I !fawt T or Z e i'E.wts BY it fi,3ti(.;i- €._i_F, ri€E-2(t-fl)A i'ione, r !'rens .�iN1f1C�li'.if .f; of n-i:�3C.'3we;3 F''E`CrF3'S The'burbs - once known for owner -occupied neighborhoods - are changing Police in many locales say they get an earful from neighbors about the "one house" on their block. It's the place known for the junkers in the driveway, the blaring noise and the revolving door of new occupants. Renters are moving into more houses next door. A slow housing market is turning many single-family suburban houses into rentals, creating a new group of inexperienced landlords managing properties for the first time. Complaints about mismanaged rentals are leading cities to establish new or stricter licensing and registration requirements to monitor properties and educate landlords. "A lot of the cities are just trying to keep up," said Louis Jambois, executive director of the Association of Metropolitan Municipalities. "Cities are taking a proactive role to try to get information out to landlords about city standards." Even relatively new neighborhoods are seeing more single-family rentals. The city of Apple Valley in August began to discuss establishing a free registration requirement for all rentals. The police department introduced the idea after fielding repeated complaints about the poor conditions of specific houses. Police have investigated the complaints and determined many of the properties are rentals. "it appears there's more rental housing - especially single-family - embedding into neighborhoods," Apple Valley Police Chief Scott Johnson said. "We're being proactive. Most of it is well maintained. We just want to get ahead of the curve here," The city last year began the Neighborhood Collaboration Officer Program, an umbrella for crime -free multihousing and neighborhood watch programs. The effort tracks code violations and encourages crime -free rentals, which can lead to fewer police calls. But many single-family rentals don't participate in the program Page 128 of 130 Page 2 of 3 By requiring those: rentals to register with the city, police will have a more complete list of Apple Valley rental properties and landlord contact information. "Right now, what we have is just anecdotal information," Johnson said Unlike most city rental licenses, the proposed rental registration in Apple Valley would not require property inspections. City staff are drafting the ordinance and expect the City Council to review the proposed changes later this year. "The goal certainly is not to reduce the amount of rental housing. The goal we have is to make sure the rental housing we have is crime -tree," Johnson said. "Apple Valley is not alone here. It's an issue on the forefront of city councils throughout the state." The stagnant housing market has left many real estate investors with properties they planned to sell or renovate for a profit, Jambo'rs said. Homeowners struggling with high mortgages - and with limited hope of selling - also are turning their properties into rentals. Anoka created a rental -license requirement last year to ensure safe and clean housing, Anoka City Manager Tim Cruikshank said. But while city officials initially thought many single-family homes were turning into rentals, they discovered once properties became licensed that their predictions were wrong. Anoka has 425 licensed rentals, of which 126 are single-family homes. In South St. Paul, however, officials are noticing a rise in single-family rental homes. In an older city like South St. Paul, adult children who inherited their parents' homes are converting them into rentals, City Administrator Stephen King said. "There's just a sense that you're not seeing a cohesive neighborhood," he said. All rental units in South St. Paul must be inspected by the fire department and pay $80 for a tour -year license. South St. Paul officials are reviewing the Safer Tenants and Mentals program, adopted last year in Burnsville and implemented in cities throughout the metro area. The program rewards landlords by reducing code -violation fees and reinstating revoked property licenses when they attend housing meetings and cooperate with evictions and background -check reports on tenants and employees. Woodbury also uses the STAR program and requires a rental license for complexes with four or more rental units. The city does not regulate single-family rentals. Before this year, St. Paul also limited tracking of rental buildings to those with three or more units. St. Paul changed its rental registration program in January. Page 129 of 130 Page 3 of 3 The city revamped the program - a change proposed 10 years ago - after discovering many single-family rentals were violating city code. Today, the city requires all rentals to be licensed and undergo an interior inspection by the fire marshal, said Bob Kessler, director of the Department of Safety and Inspections. That added 10,500 single-family and duplex rentals to the city's code inspections program. Kessler expects the city will complete first inspections of all rentals in 20 months. "It's been a huge increase and responsibility for us," he said. Maricella Miranda can be reached at mmiranda@pioneer press.com or 651-228-5421. - ^ Close Window j Send To Printer M Page 130 of 130