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HomeMy WebLinkAbout09-12-2017 Council Packet CITY OF OAK PARK HEIGHTS TUESDAY, SEPTEMBER 12, 2017 CITY COUNCIL MEETING AGENDA 6:00 P.M. AT CITY HALL 6:00 p.m. I. Call to Order/Pledge of Allegiance/Approval of Agenda Estimated times 6:00 p.m. II. Council/Staff Reports A. Mayor McComber B. Councilmember Dougherty C. Councilmember Liljegren D. Councilmember Runk E. Councilmember Swenson F. Staff • Recycling Award 6:05 p.m. III. Visitors/Public Comment This is an opportunity for the public to address the Council with questions or concerns on issues not part of the regular agenda(Please limit comments to 3 minutes in length). 6:05 p.m. IV. Consent Agenda(Roll Call Vote) A. Approve Bills & Investments B. Approve City Council Minutes—August 22, 2017 (pg.3) C. Approve City Council Worksession Notes—August 22, 2017 (pg. 7) D. Schedule Hearing to Show Cause on October 10, 2017 for Chipotle Alcohol Compliance Violation(pg. 9) E. Schedule Hearing to Show Cause on October 10, 2017 for Walmart Alcohol Compliance Violation(pg.21) F. Schedule Hearing to Show Cause on October 10, 2017 for Eagles Club Alcohol Compliance Violation(pg.31) G. Authorize Staff to Renew Contract with Safe Assure(pg. 41) 6:05 p.m. V. Public Hearings None 6:05 p.m. VI. Old Business A. Consider Resolution Recognizing the Contributions of Mr. Terry Zoller(pg. 51) 6:10 p.m. VII. New Business A. Adopt Resolution Approving 2018 Proposed Budget and Proposed Tax Levies (pg. 53) B. Schedule Public Comment/Hearing Meeting for Truth in Taxation(pg. 59) C. Water Main—Osgood Ave—Replacement—CSAH 24 Project 2018 (pg. 61) Please mute or silence any cell phones,computers or other devices during meeting—Thank You. Page 1 of 82 Agenda September 12,2017 Page 2 D. Approve Replacement of Weather Siren—City Hall Location (pg. 69) E. Approve Appointment to Planning Commission(pg. 73) F. Consider Council Teambuilding and Goal Setting Meetings (pg. 81) 6:30 p.m. VIII. Other Council Items or Announcements 6:30 p.m. IX. Adjourn Page 2 of 82 x- Oak Park Heights Request for Council Action Meeting Date September 12, 2017 Agenda Item Approve City Council Minutes—August 22, 2017 Time Req. 0 Agenda Placement Consent Originating Department/Requestor Ad inistration/Jennifer Pinski L • { 1 Requester's Signature Action Requested Approve Background/Justification(Please indicate any previous action has been taken or if other public bodies have been advised). See attached. Page 3 of 82 CITY OF OAK PARK HEIGHTS TUESDAY, AUGUST 22, 2017 CITY COUNCIL MEETING MINUTES I. Call to Order/Pledge of Allegiance/Approval of Agenda: Mayor McComber called the meeting to order at 6:00 p.m. Present: Councilmembers Dougherty, Liljegren, Runk, and Swenson. Staff present: City Administrator Johnson, City Attorney Vierling, Public Works Director Kegley, City Planner Richards, and City Engineer Mann. Absent: None. Councilmember Swenson, seconded by Councilmember Liljegren, moved to approve the Agenda. Carried 5-0. II. Council/Staff Reports: A. Mayor McComber: She reported the St. Croix River Crossing Ribbon Cutting event was held August 2; she attended the reunion of stakeholders the night before the ribbon cutting; she attended the Metro Cities Transportation Committee meeting on August 21 and the Local Economies meeting on August 22; and she would be attending the NLC meeting on August 25. McComber also stated she had been receiving calls from residents concerned about trash and dog waste on the new bridge. B. Councilmember Dougherty: He attended the Planning Commission meeting on August 17. C. Councilmember Liljegren: He thanked Rob Gag and Tierney Brothers for the donation of the banners to the City of Oak Park Heights. He reported that the Parks Commission meeting for August 21 was cancelled, and he had received calls about the Stillwater Area High School facilities and he suggested they contact the school district and follow up with him. D. Councilmember Runk: He reported that the CVB meeting was cancelled, and the Middle St. Croix Watershed Management Organization meeting was cancelled. E. Councilmember Swenson: He thanked the Public Works Department for well-maintained parks, trails, and disc golf course. F. Staff: City Clerk Pinski reported that Jeanne Nelson of 5720 Newberry Circle North and Gail Thompson of 14818 58th Street North#8C were chosen as the recycling award winners for the month of August. III. Visitors/Public Comment: None IV. Consent Agenda: A. Approve Bills& Investments B. Approve City Council Minutes—July 25, 2017 Page 4 of 82 City Council Meeting Minutes August 22, 2017 Page 2 of 3 C. Approve City Council Worksession Notes—July 25, 2017 Councilmember Runk, seconded by Councilmember Dougherty,moved to approve the Consent Agenda. Roll call vote taken. Carried 5-0. V. Public Hearings: None VI. Old Business: None VII. New Business: A. Park and Planning Commission Attendance at Council Meetings: Mayor McComber suggested reviewing the representative requirement that Parks Commission and Planning Commission members attend City Council meetings, and rather encourage them to attend if they wish. Jim Kremer, Planning Commission Chair was present at the meeting and suggested it was nice to remind members that they should attend but not that it be mandated. No action was taken. B. Stillwater Area High School Carnival and Ribbon Cutting: Mayor McComber asked the City Council if they would like to consider making a sponsorship donation. City Attorney Vierling reported that technically a city cannot make donations. Mayor McComber stated she would email the school district back to notify them the City would not be participating monetarily. No action was taken. C. Study of the Southwest Frontage Road at TH 36 and Osgood: Councilmember McComber suggested staff correspond with MNDOT for a study. She noted there were HPP funds available. Councilmember Runk disagreed and thought they may want to have the City take over the frontage road. Councilmember Dougherty felt the area did need to be studied and suggested staff send a letter asking Washington County to do the study. Councilmember Liljegren suggested making sure the County knows the City was not interested in taking over the south frontage road. Councilmember Swenson, seconded by Councilmember Dougherty, moved to direct staff to send a letter of support and/or interest to Washington County making them aware of the funds and that the City encouraged them to make the application and complete the study. Carried 5-0. D. Recognize those who Contributed to the Dedication of the St Croix Crossing: Mayor McComber thanked various businesses and organizations. Councilmember Swenson requested action on the next City Council Agenda recognizing Terry Zoller. No action was taken. Page 5 of 82 City Council Meeting Minutes August 22, 2017 Page 3 of 3 E. Letter to County Administrator Molly O'Rourke and County Commissioners for Possible Review of a Double Left Turn Lane at TH 36 and Northbound Os ood: Councilmember Swenson, seconded by Councilmember Dougherty, moved to authorize a letter to be drafted to the County and the State requesting a traffic study for a possible double left turn lane at 36 and northbound Osgood. Carried 5-0. F. Consider Purchase Agreement—Memorial Ave Property: Councilmember Dougherty, seconded by Councilmember Liljegren, moved to approve the sale of the property. Carried 5-0. G. Approve Appointments to Planning Commission: City Administrator Johnson reported that the Planning Commission interviewed five residents for the Planning Commission vacancies, and the Planning Commission recommended appointment of Jennifer Giovinazzo and Jennifer Van Dyke through May 31, 2019. Councilmember Dougherty, seconded by Councilmember Liljegren, moved to accept the applicants for the Planning Commission. Carried 5-0. VIII. Other Council Items or Announcements: Councilmember Swenson reported the City was still looking for a Citizen Representative for the Cable Commission and that it was a paid position. He requested staff put the advertisement in the City Newsletter. IX. Closed Session A. City Administrator Annual Performance Review: City Attorney Vierling reported that the City Council would be going into a closed session as authorized under Minnesota Statute 13.d.05(3) for the annual review of the City Administrator. He stated the closed session would be recorded, and the recording would be kept for a period of two years as required by statute. Councilmember Liljegren, seconded by Councilmember Swenson, moved to close the meeting at 6:31 p.m. Carried 5-0. Mayor McComber recalled the open meeting at 6:44 p.m. City Attorney Vierling reported that the City Council reviewed the summary results of the annual review and no action was taken in the closed session. X. Adiourn: Councilmember Runk, seconded by Councilmember Liljegren, moved to adjourn at 6:45 p.m. Carried 5-0. Respectfully submitted, Approved as to Content and Form, Jennifer Pinski Mary McComber City Clerk Mayor Page 6 of 82 Oak Park Heights Request for Council Action Meeting Date September 12, 2017 Agenda Item Approve City Council Worksession Notes—August 22, 2017 Time Req. 0 Agenda Placement Consent Originating Department/Requestor Administration/Jennifer Pinski Requester's Signature Action Requested Approve Background/Justification(Please indicate any previous action has been taken or if other public bodies have been advised). See attached. Page 7 of 82 `MILS.. CITY OF OAK PARK RFTOTTTS CITY COUNCIL WORKSESSION NOTES TUESDAY,AUGUST 22,2017 Present: Mayor McComber, Councilmembers Dougherty, Liljegren, Runk and Swenson; City Administrator Johnson; City Attorney Vierling; Public Works Director Kegley; City Engineer Mann; City Planner Richards; and City Clerk Pinski. Absent:None. 1. Call to Order: Mayor McComber called the meeting to order at 5:30 p.m. 2. Potential Annexation Discussion: City Planner Richards reported that a petition for annexation was filed August 14 that included the Nass property,the Biden property,and the Deutsche Bank property in Stillwater Township. He stated that Premier Bank had not agreed to join the application for annexation,and without that,the connections may not be possible. City Planner Richards provided the City Council with a draft letter to the applicants. Council recommended the letter be sent with the comments on page 5 of Planner Richards' memo that was included in the worksession meeting packet. Councilmember Dougherty suggested reiterating to the applicants the cost and suggest they consult with Brown's Creek Watershed. Councilmember Swenson suggested staff let Stillwater Township know the conversations were taking place. No action was taken. 3. Comprehensive Plan Discussion: City Planner Richards reviewed the proposed land use changes and annexation maps. No action was taken. 4. Adjourn: The meeting was adjourned at 5:53 p.m. Page 8 of 82 j.. y.T y Oak Park Heights Request for Council Action Meeting Date: September 12, 2017 Time Required: 1 min Agenda Item Title: Alcohol Compliance Violation- Chipotle Agenda Placement: Consent Originating Department/Requestor: Oak Park Heights Police Dept., Chief Brian DeRosier Requester's Signature Action Requested: Schedule Hearing to Show Cause- Chipotle Background/Justification: On August 21, 2017,the Oak Park Heights Police Dept. conducted routine Alcohol compliance checks on all vendors licensed within the city of Oak Park Heights, MN. During the compliance check an officer of the OPH P.D. was assisted by a less than 21 year old volunteer. The volunteer entered the business of Chipotle attempting to purchase alcohol. The clerk did ask for identification and was provided the volunteer's real driver's license showing the volunteer to be under 21. The clerk completed the sale of alcohol. The under 21 year old volunteer completed the transaction using US Currency that was provided by the OPH P.D. The OPH P.D. Officer then returned immediately to the store and advised the store manager and the clerk of the offense. The clerk is being charged criminally under MNSS 609.340A. The merchant Chipotle has not had a previous violation in the 2 years look back period but has had 1 previous fail in 2015. In conformance with OPH Resolution 00-07-39, I recommend the council schedule a Hearing to Show Cause on October 10th, 2017 with the purpose of reviewing the incident for imposition of a$500 sanction. Page 9 of 82 POLICE DEPARTMENT CITY OF OAK PARK HEIGHTS *� 14168 Oak Park Blvd. N.•P.O.Box 2007 Brian DeRosier Oak Park Helghts, Minnesota 55082. Chief of Police Telephone:(651)439=4723 Fax: (651)439-3639 Emergency:911 August 29, 2017 Chipotle Mexican Grill 13315 60th St No. Oak Park Heights, MN 55082 Dear Sir or Madam; In response to an alcohol sale violation investigated by the Oak Park Heights Police Department on August 21,2017 other violations were also observed. During that compliance check your establishment sold to an under.21 persons.That violation is being addressed in a separate manner and you will receive further correspondence specifically for that purpose. I wanted to immediately address another issue that was observed during"the compliance check. During the sale,your staff did not remove the caps from the alcohol containers. You are not licensed for Off Sale alcohol and as such you must remove the caps from all alcohol containers at the time of sale prior "to handing those containers to the customer. You may not rely on customers to-remove the caps.You also cannot allow any alcohol to leave.your premise. Future violations will result in further recommendations for sanctions against the current License and future license applications. If you have questions please call me and I would be glad to help. Sincerely; Brian DeRosier Chief of Police Page 10 of 82 CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY,MINNESOTA IN RE: LICENSE #17-01BN TO SELL Liquor, Wine, Club or 3.2 Malt Beverages, On Premises Consumption ORDER TO SHOW CAUSE TO: Chipotle Mexican Grill/Colorado LLC dba Chipotle Mexican Grill#653, 13315 601 St North,Oak Park Heights MN 55082. 1. At the direction of the City Council for the City of Oak Park Heights, it is hereby ordered that you, or your representatives, appear before the City Council of the City of Oak Park Heights at 6:00 p.m. on October 10', 2017 at the City Municipal Building located at 14168 Oak Park Boulevard No.,Oak Park Heights, Minnesota 55082, or as soon thereafter as council can be heard and show cause, if any cause you have, why an order should not be issued by the City Council for the City of Oak Park Heights imposing fines,limiting,suspending or revoking your 2017(and future)License to sell Liquor,Wine,Club or 3.2 Malt Beverage for On Premise Consumption,License#17-01BN; as had been previously issued by the City of Oak Park Heights to Chipotle Mexican Grill /Colorado LLC dba Chipotle Mexican Grill #653, 13315 60th St North, Oak Park Heights MN 55082. Specifically,you should show cause why your license as referenced above should not be suspended,revoked or other sanctions imposed by the City of Oak Park Heights as a result of illegal sales of Alcohol to a under 21- year-old person as occurred on your premises on August 21,2017. PLEASE BE ADVISED, that under resolution 00-07-39 previously adopted by the city council you face a presumptive fine involving $500.00. This presumptive imposition of sanction against #17-0113N license is authorized by City Ordinance. ALSO,BE ADVISED,that you may elect not to oppose the presumptive fine and contact the Chief of Police for the City of Oak Park Heights to discuss the terms of fine payment. Dated this 120'day of September,2017 BY ORDER OF THE CITY COUNCIL Brian DeRosier Chief of Police 651-439-4723 Page 11 of 82 POLICE DEPARTMENT CITY OF OAK PARK HEIGHTS 14168 Oak Park Blvd. N.•P.O. Box 2007 Brian DeRosier Oak Park Heights, Minnesota 55082 Chief of Police Telephone: (651)439-4723 Fax: (651)439-3639 Emergency:911 September 12th,2017 Chipotle Mexican Grill 13315 601h St No. Oak Park Heights, MN 55082 Dear Sir or Madam; In response to an alcohol sale violation investigated by the Oak Park Heights Police Department on August 21,2017;the city council has ordered a hearing to show cause involving alcohol license implications. On the date 08-21-2017 one of your employees allowed the purchase of alcohol to under 21-year-old persons. The report of the incident is attached. The suspect employee is being criminally charged separately under MNSS 340A.503 criminal violation. As part of this violation the City Council of Oak Park Heights in accordance with OPH Resolution#00-07- 39 is conducting a hearing to show cause with a presumptive$500.00 civil sanction against your liquor license. You have the ability under city resolution to be heard at a hearing to show cause. This hearing is scheduled to take place at the council meeting October 10th, 2017 at 6pm, If you choose to waive the hearing you can pay the civil sanction of$500.00 prior to the meeting. If you choose to waive the hearing and pay the sanction,you need to notify myself prior to the hearing date. if you have questions please call me and I would be glad to help. Sincerely; Brian DeRosier Chief of Police Page 12 of 82 a ns d Z dVA a O N 9 w Z _S 0 O c w c ate+ Q 146 00 97 u W Q N L s pr v a d 01 « W Y z O fA Q � } 1 0 ixCL V a x an d H c w r +� c a m — L J ii O \. COL E M C 0w 3 0 OCCL r p C N M C ` I�f ato N � � a S? o � o « ° C a.• d c �gl � � N � o m N R cc Iy�1 !6 � J •1. Y N V! cC o C 4i .q 11J �� f C x Cc c a p cr R d y m d c Z A 1 « Y C =H CL u r � M ° go c u n c d A ' C O 1�- 8 0 E taI s O u O E C13 +n w" « w I "' C x p c 2 ><Q Z O •d W � M cc Lu .f�....... I a c 'a i` w xc 'E O \ °' 4n 0 a es = ° •es d w � z a y t- bad mw o C Q cc {' u m 3 ` ° D o cC6. LU Ul z CU H y " LL u Z « m 4 y Page 13 of 82 No. 17-1 VIP f City Oak Park Heights Fee$698.00 ( 6 County Washington Alrahol&G5mbli sU11larcemett! WINE LICENSE —"ON-SALE" THIS CERTIFIES THAT: O LICENSEE Chip tle Mexican Grill/Colorado LLC TRADE NAME Chipotle Mexican Grill#653 STREET ADDRESS OR LOT AND BLOCK No 13315 60th Street North ------ ----- Is authorized for the Period beginning January 1, 2017 to December 31, 2017 to sell WINE NOT EXCEEDING 14%ALCOHOL BY VOLUME AT RETAIL ONLY FOR CONSUMPTION ON THE PREMISES SUBJECT TO THE LAWS AND REGULATIONS OF THE STATE OF MINNESOTA AND THE ORDINANCES OF THE MUNICIPALI OR COUNT **STRONG ER AUTHORIZATION** YES 0 NO CLERK/AUDITOR SIGNATURE ayor or President �LI SE 'APPROVED/ Given un my hand and the Municipal Corporate Seal L/'` ijL�e PM DEC 2 3Zpl Oak Park Heights 12/13/16 6 City/Countyofg _Date Alcohol&Gambling Enforcement Director Date, PS 911"3(46/03) CLERK or Recorder RECEIVED Ld DSC 2 7 C$y of Oak Park Heights AM PM Page 14 of 82 X699 CITY OF OAK PARK HEIGHTS,MINNESOTA 4 m 14 JOR LICENSE RENEWAL APPLICATION Directions:Type or print in ink. Indicate if you are a sole proprietor,partner,corporation officer, association officer, or agendmanager in charge of premises. YOU MUST PROVIDE THE FULL NAME, INCLUDING FULL MIDDLE NAME (no initials), AND DATE OF BIRTH FOR EVERY PERSON LISTED. Applicant shall be governed as follows: for a Partnership, one of the partners shall execute this application for all members of the partnership; for a Corporation,one officer shall execute this application for all officers,directors,and stockholders. 1. Business Type: Sole Proprietorship n Partnership❑ Corporation❑ Club❑ Limited Liability Company® 2. Business Name: Chipotle Mexican Grill#653 Business Address: 13316 60th Street N.,Oak Park Heights,MN 55081 Business Phone: 651-439-3390 State of Incorporation CO .. Date of Incorporation usr1.999 n 3. If business is to be conducted under a designation,name,or style other than the full name of the applicant,attach a copy of the trade name certificate,as required by Chapter 333, Minnesota Statutes,certified by the Secretary of State. 4. Applicant Name: Chipotle Mexican Grill of Colorado,LLC Home Address: Attn:Licensing;1401 Wynkoop st.,Ste 500 Denver,CO 80202 Home Phone: 303-222-2524 Date of Birth: nfa Position: nra Spouse's Name: n/a Spouse's Address: Spouse's Date of Birth: 5. Is the buildin where the licensed business will be located owned by the applicant? Yes❑ No / If no,enclose a copy of the lease to this application. Are taxes pal up to the date of this application? Yes ] No❑ (Taxes must be paid prior to issuance of the license whe er the building is owned by the applicant or not.) City of Oak Park Heights Liquor License Renewal Application Page I of 2 Revised: 10/2411 Page 15 of 82 6. If the building wherein the licensed business will be located is owned by other than the applicant,fill out all the information requested. Attach an extra sheet if necessary. Full Name: Oak Park Heights Val,LLC etc Northmarq Real Estate Services,LLC Business Address: 3500 American Blvd.,W.Suite 200 Bloomington,MN 55931 Home Phone: 952-831-1000 Date of Birth: n/a If the building is owned by other than the applicant,owner of the building trust consent to the use of the premises by the applicant for the sale of liquor. This consent must be evidenced by signature of the owner below. The Owner's Signature is evidence of consent and the City's liquor license process will move forward. gn Date: Si store of Owner: -y Av 7. Have you or aZip ne listed in this application been convicted of a felony in the five years? Yes❑ No If yes,please air: 8. Have you or anyone listed in this applicationany liquor license in any location revoked in the last 12 months? Yes❑ No I/ If yes,please explain: The City of Oak Park Heights reserves the right to request additional information to assist in tl:e evaluation of this application. Any falsification ofanswers to any questions will result in denial of th&application. I hereby solemnly swear that the foregoing statements are true and correct to the best of my knowledge and that I agree to comply with all the provisions of the ordinance under which the license is granted. APP T' S ;bedand NOTARIZED Signature of Applicant: Date: Subs worn to efore me a Notary Public DA►/I©gEp,t;KRDOER 800TH On thie Q-. NOTARY PUBLIC Notary STATE Of COLORADO Commission ron: NOTARY Io#20164017657 MY COMMISSION EXPIRES 05-06.2020 City of Oak Park Heights Liquor License Renewal Application Page 2 of 2 Revised, 10/2011 Page 16 of 82 CJGIUPROPH OAK PARK HEIGHTS POLICE DEPARTMENT DATE 8/29/17 TIME 12 : 11 :40 INITIAL COMPLAINT REPORT 117704110 DATE/TIME REPORTED: 8/21/17 17 :20 : 18 DISPATCHER: KDSCHNI DATE/TIME STAMP: 8/21/17 17 :20 :29 ENTERED BY: KDSCHNI LOCATION OF INCIDENT: 13315 60TH ST N GRID: CHIPOTLE OAK PARK HEIGHTS, MN 55082 INCIDENT RECEIVED BY: RADIO OFFICERS ASSIGNED: 481 PARADISE NAMES ASSOCIATED LINDSEY PARADISE WITH THIS INCIDENT: OAK PARK HEIGHTS POLICE D 14168 OAK PARK BLVD OAK PARK HEIGHTS, MN 55082 PHONE: (H) (W) 651/439-4723 SEX: DOB: ASSOCIATION:OTHER ALCOHOL COMPLIANCE FAIL DAWN CASEY BASTIAN 857 207TH ST DRESSER, WI 54009 PHONE: (H) r (W) SEX:F DOB: "m ASSOCIATION:SUSPECT EMPLOYEE WHO SOLD CHARGE VIA FORMAL COMPLAINT: SALE TO MINOR 340A.503 SUB2 (1) JACQUELINE CONEJO-CERRITO 1668 5TH ST E : ( MN 55106 PHONE: (H)(H) ;:: SEX:F DOB: ASSOCIATION:OTHER MANAGER ON DUTY CHIPOTLE MEXICAN GRILL 13315 60TH ST N OAK PARK HEIGHTS, MN 55082 PHONE: (H) (W) SEX: DOB: ASSOCIATION:OTHER LOCATION OFFICER CONDEKNTS: PARADISE/481 8/21/17 17 :20 481 8/22/17 AT APPROX. 17 : 05 TWO UNDERAGE BUYERS WENT INTO CHIPOTLE 481 8/22/17 MEXICAN GRILL IN ATTEMPT TO PURCHASE ALCOHOL FOR THE CITY 481 8/22/17 WIDE COMPLAINCE CHECKS. BUYERS WERE INSTRUCTED TO GIVE THEIR 481 8/22/17 TRUE MNDL IF ASKED, AND TELL THEIR REAL AGE IF ASKED. BUYERS 481 8/22/17 Page 17 of 82 CJGlUPROPH OAK PARK HEIGHTS POLICE DEPARTMENT DATE 8/29/17 TIME 12 : 11:40 INITIAL COMPLAINT REPORT 117704110 DATE/TIME REPORTED: 8/21/17 17 :20 : 18 DISPATCHER: KDSCHNI DATE/TIME STAMP: 8/21/17 17 :20 :29 ENTERED BY: KDSCHNI WERE GIVEN ONE $20 BILL ENDING IN -6618A TO USE TO PURCHASE 481 8/22/17 ALCOHOL. BUYERS CALLED THIS OFFICER AND ADVISED THEY WERE 481 8/22/17 SOLD ALCOHOL AND WAITING AT THE TABLE INSIDE. I THEN WENT 481 8/22/17 INTO THE ESTABLISHMENT AND BUYERS IDENTIFIED THE CASHIER AS 481 8/22/17 A YOUNGER FEMALE WITH TATTOOS (LATER ID'D AS BASTIAN) . I MADE 481 8/22/17 CONTACT WITH BASTIAN AND ADVISED SHE HAD SOLD TWO BOTTLES OF 481 8/22/17 ALCOHOL TO TWO UNDERAGE BUYERS. SHE WAS APOLOGETIC AND WAS 481 8/22/17 NOT AWARE THEY WERE UNDERAGE. SHE GAVE THIS OFFICER A COPY 481 8/22/17 OF THE RECEIPT FROM THE TRANSACTION, TOTAL SPENT WAS $8 . 00 . 481 8/22/17 SHE WAS GIVEN CHANGE BACK FROM TRANSACTION, AND SHE GOT THE 481 8/22/17 $20 BILL USED BY THE BUYERS AND TURNED IT BACK OVER TO THIS 481 8/22/17 OFFICER. SPOKE WITH MANAGER ON DUTY AS WELL AND ADVISED THE 481 8/22/17 BUSINESS ITSELF WILL BE FOLLOWED UP WITH. BASTIAN ADVISED 481 8/22/17 THEY WERE GIVEN TRANINING ON SITE ABOUT CHECKING ID'S FOR 481 8/22/17 ALCOHOL. ADVISED SHE WOULD BE CHARGED VIA FORMAL COMPLAINT, 481 8/22/17 UNDERSTOOD WITH NO QUESTIONS. BUYERS ADVISED SHE DID NOT 481 8/22/17 TAKE THEIR ID'S FROM THEM, THEY JUST HELD THEM UP TO HER, 481 8/22/17 SHE WENT TO THE BACK, THEN MADE THE TRANSACTION. TWO BOTTLES 481 8/22/17 WERE PLACED INTO EVIDENCE. 481 8/22/17 I .C. PARADISE/481 481 8/22/17 CLASSIFIED AS: LIQUOR-GM-SELL TO OR PROCURE LIQUOR FOR MINOR M4106 Page 18 of 82 RESOLUTION NO.00-07-39 CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY,MINNESOTA RESOLUTION OF THE CITY COUNCIL APPROVING ADVISORY GUIDELINES FOR ESTABLISEMHNT OF CIVIL PENALTIES FOR THE VIOLATION OF STATE LAW REGARDING THE SALE OR FURNISHING OF ALCQHO�TOMZ>\T�R;�. VIETAIFAS ,Minnesota Statute §340A-503 provides that it is a gross misdemeanor to sell,barter,furnish or give alcoholic beverages to a person under 21 years of age;and . WHEREAS, the City conducts regular compliance checks to ensure that those establishments holding municipal liquor licenses in the City of Oak Park Heights are in compliance with the state statute. In the event that a liquor license establishment is proved to have violated state law;then the Council is called upon to determine how to proceed properly; and. WHEREAS,Minnesota Statute §340A.415 authorizes the City Council,upon proof of violation of state law,to revoke the_license or permit, suspend the license or permit for.up to 60 days, impose a civil penalty of up to$2,000 for each violation,or impose any combination of these sanctions. NOW, THEREFORE, in order to guide the City Council and in order to create a uniform system for dealing with these violations,the City Council for the City of Oak Park Heights does hereby approve the following: 1. BE IT RESOLVED that the following designated civil penalties shall constitute advisory guidelines for City Council action in cases of violation of City issued liquor licenses. It is understood that the Council may deviate from these advisory guidelines based upon compelliina circumstances presented in individual'cases. SALE OF ALCOHOLIC BEVERAGES TO M[HORS (OR PERMIT A PERSON UNDER THE AGE OF 21 YEARS TO DRINK ALCOHOLIC BEVERAGES ON THE LICENSED PREMISES): First_ O� Five Hundred Dollars($500)civil fine. Second Offense: One Thousand Dollars($1,000)civil fine and one five-day license suspension(Monday through Friday)for"off sale"licensees;and three weekend days suspension (Friday.through Sunday)for"on sale"licensees. Page 19 of 82 i V i Third Offense: One Thousand Five Hundred Dollars($1,500)civil fine and a ten- day license suspension[to include at least one weekend day(Friday or Saturday)]for"off sale" licensees;and a seven-day suspension for"on sale"licensees. t Fourth or Subsequent Offense: At City Council discretion. 2. BE IT FURTHER RESOLVED that it is the policy of the City Council that the above sanctions shall be issued and calculated as against all offenses occurring within a 24-_. consecutive month period from the date ofthe most recent violation. Any violations having t _. occurred beyond 24 consecutive months prior to the most recent violation shall not be counted in terms of imposing the sanctions noted above. 3. BE IT FURTHER RESOLVED that if the City Council imposes a civil _ = fine,the Council shall also allow the license holder a reasonable time to pay the fine. A reasonable time to pay means that all fines shall be paid within 60 days unless the Council determines that a longer period of time is justified under the circumstances of the case. Failure of a license holder to pay a fine within the time prescribed by the City Council shall cause that license to be immediately suspended until full payment is received by the City. 4. BE IT FURTHER RESOLVED that any license holder who has had their license or permits suspended or revoked pursuant to City action shall not be allowed to operate the activity which required the license until the license is reinstated. Any operation ding a period of suspension or revocation shall be deemed to be an additional violation of the City's Liquor License Ordinance and of state law. 2000. Passed by the City Council for the City of Oak Park Heights this 25th day of July, A ST: ADa4aa4r V� Thomas Melena City Administrator 2 Page 20 of 82 Oak Park Heights Request for Council Action Meeting Date: September 12, 2017 Time Required: 1 min Agenda Item Title: Alcohol Compliance Violation- Walmart Agenda.Placement: Consent Originating Department/Requestor: Oak Park Heights Police Dept., Chief Brian DeRosier Requester's Signature Action Requested: Schedule Hearing to Show Cause- Walmart Background/Justification: On August 21, 2017,the Oak Park Heights Police Dept. conducted routine Alcohol compliance checks on all vendors licensed within the city of Oak Park Heights, MN. During the compliance check an officer of the OPH P.D. was assisted by a less than 21 year old volunteer. The volunteer entered the business of Walmart attempting to purchase alcohol. The clerk did ask for identification and was provided the volunteer's real driver's license showing the volunteer to be under 21. The clerk completed the sale of alcohol. The under 21 year old volunteer completed the transaction using US Currency that was provided by the OPH P.D. The OPH P.D. Officer then returned immediately to the store and advised the store manager and the clerk of the offense. The clerk is being charged criminally under MNSS 609.340A. The merchant Walmart has not had a previous violation in the 2 years look back period but has had 2 previous fails in 2010 and 2012. In conformance with OPH Resolution 00-07-39, I recommend the council schedule a Hearing to Show Cause on October 10d, 2017 with the purpose of reviewing the incident for imposition of a$500 sanction. Page 21 of 82 CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY,MINNESOTA IN RE: LICENSE#17-03BF TO SELL Liquor,Wine,Club or 3.2 Malt Beverages,Off Sale ORDER TO SHOW CAUSE TO: Wal-Mart Store Inc./dba Wal-Mart Supercenter#1881, 5815 Norell Ave North, Oak Park Heights MN 55082. 1. At the direction of the City Council for the City of Oak Park Heights, it is hereby ordered that you, or your representatives, appear before the City Council of the City of Oak Park Heights at 6:00 p.m. on October 10d, 2017 at the City Municipal Building located at 14168 Oak Park Boulevard No., Oak Park Heights,Minnesota 55082, or as soon thereafter as council can be heard and show cause, if any cause you have, why an order should not be issued by the City Council for the City of Oak Park Heights imposing fines,limiting,suspending or revoking your 2017(and future)License to sell Liquor,Wine,Club or 3.2 Malt Beverage for On Premise Consumption, License#17-03BF; as had been previously issued by the City of Oak Park Heights to: Wal- Mart Store Inc./dba Wal-Mart Supercenter#1881,5815 Norell Ave North,Oak Park Heights MN 55082. Specifically,you should show cause why your license as referenced above should not be suspended,revoked or other sanctions imposed by the City of Oak Park Heights as a result of illegal sales of Alcohol to a under 21- year-old person as occurred on your premises on August 21,2017. PLEASE BE ADVISED, that under resolution 00-07-39 previously adopted by the city council you face a presumptive fine involving $500.00. This presumptive imposition of sanction against #17-03BF license is authorized by City Ordinance. ALSO,BE ADVISED,that you may elect not to oppose the presumptive fine and contact the Chief of Police for the City of Oak Park Heights to discuss the terms of fine payment. Dated this 121 day of September,2017 BY ORDER OF THE CITY COUNCIL Brian DeRosier Chief of Police 651439-4723 Page 22 of 82 POLICE DEPARTMENT CITY OF OAK PARK HEIGHTS ` 14168 Oak Park Blvd. N.•P.O. Box 2007 Brian DeRosier �i Oak Park Heights,-Minnesota 55082 Chief of Police ® Telephone: (651)439-4723 Fax:(651)439-3639 Emergency:911 September 121h, 2017 Walmart Super Center 5815 Norell Ave North Oak Park Heights, MN 55082 Dear Sir or Madam; In response to an alcohol'sale violation investigated by the Oak Park Heights Police Department on August 21,2017;the city council has ordered a hearing to show cause involving alcohol license implications. On the date 08-21-2017 one of your employees allowed the purchase of alcohol to under 21-year-old persons. The report of the incident is attached. The suspect employee is being criminally charged separately under MNSS 340A.503 criminal violation. As part of this violation the City Council of Oak Park Heights in accordance with OPH Resolution#00-07- 39 is conducting a hearing to show cause with a presumptive$500.00 civil sanction against your Liquor license. You have the ability under city resolution to be heard at a hearing to show cause. This hearing is scheduled to take place at the council meeting October 10th,2017 at bpm. If you choose to waive the hearing you can pay the civil sanction of$500.00 prior to the meeting. If you choose to waive the hearing and pay the sanction,you need to notify myself prior to the hearing date. If you have questions please call me and I would be glad to help. Sincerely; Brian DeRosier Chief of Police Page 23 of 82 CJGIUPROPH OAK PARK HEIGHTS POLICE DEPARTMENT DATE 8/29/17 TIME 12 : 10 : 18 INITIAL COMPLAINT REPORT 117704108 DATE/TIME REPORTED: 8/21/17 16 :51:21 DISPATCHER: KDSCHNI DATE/TIME STAMP: 8/21/17 16 :51: 31 ENTERED BY: KDSCHNI LOCATION OF INCIDENT: 5815 NORELL AV N GRID: OAK PARK HEIGHTS, MN 55082 INCIDENT RECEIVED BY: RADIO OFFICERS ASSIGNED: 481 PARADISE NAMES ASSOCIATED LINDSEY PARADISE WITH THIS INCIDENT: OAK PARK HEIGHTS POLICE D 14168 OAK PARK BLVD OAK PARK HEIGHTS, MN 55082 PHONE: (H) (W) 651/439-4723 SEX: DOB: ASSOCIATION:OTHER COMPLIANCE CHECK FAIL ALCOHOL SHELBY BETTE FINNEMAN 11390 148TH ST N MAY TWP, MN 55082 PHONE: (H) (W) SEX:F DOB:9� ASSOCIATION:SUSPECT EMPLOYEE WHO SOLD CHARGE VIA FORMAL COMPLAINT: SELL TO MINOR 340A.503 SUB2 (1)GM MINDY SUE SEIFERT 261,9 BRITTNEY LN WOODBURY, MN 55125 PHONE: (H) (W) SEX:F DOB: ASSOCIATION:OTHER MANAGER ON DUTY WALMART LIQUOR 5815 NORELL AV N OAK PARK HEIGHTS, MN 55082 PHONE: (H) (W) SEX: DOB: ASSOCIATION:OTHER LOCATION EMMA KRISTINE ROSLIN 2615 FAIRLAWN DR STILLWATER, MN 55082 PHONE: (H) (W) SEX:F DOB: ASSOCIATION:OTHER Page 24 of 82 CJGIUPROPH OAK PARK HEIGHTS POLICE DEPARTMENT DATE 8/29/17 TIME 12 : 10 : 18 INITIAL COMPLAINT REPORT 117704108 DATE/TIME REPORTED: 8/21/17 16 :51:21 DISPATCHER: KDSCHNI DATE/TIME STAMP: 8/21/17 16: 51:31 ENTERED BY: KDSCHNI UNDERAGE BUYER CARTER DAVID SANOCKI 12691 5TH ST N WEST LAKELA M- TWP, MN 55082 PHONE: (H) SEX:M DOB: ASSOCIATION:OTHER UNDERAGE BUYER OFFICER COMMENTS: PARADISE/481 16 : 51 8/21/17 481 8/22/17 AT APPROX 16:39 TWO UNDERAGE BUYERS WENT INTO WALMART LIQUOR 481 8/22/17 IN ATTEMPT TO PURCHASE ALCOHOL. BUYERS WERE INSTRUCTED TO 481 8/22/17 GIVE THEIR TRUE MNDL IF ASKED, AND TELL THEIR REAL AGE IF 481 8/22/17 ASKED. BUYERS WERE GIVEN ONE $20 BILL ENDING IN -6618A TO 481 8/22/17 USE TO PURCHASE. BUYERS LEFT THE BUSINESS WITH A 6 PACK OF 481 8/22/17 COORS LIGHT. BUYERS ADVISED AGE WAS NOT ASKED AND DL'S WERE 481 8/22/17 NOT REQUESTED BY THE CASHIER. CASHIER DESCRIBED AS A YOUNGER 481 8/22/17 FEMALE WITH CURLY HAIR UNDER 30 YOA. UPON ENTRY IN THE STORE 481 8/22/17 THERE WAS ONLY ONE FEMALE WORKING THE. REG,,ISTER THAT MATCHED 481 8/22/17 THE DESCRIPTION. ID'D FEMALE AS FINNEMAN. I ADVISED SHE JUST 481 8/22/17 SOLD TO TWO UNDERAGE BUYERS. SHE GAVE ME A COPY OF THE 481 8/22/17 RECEIPT FROM THE TRANSACTION, TOTAL SPENT WAS $7. 09. I GAVE 481 8/22/17 HER THE CHANGE FROM THE TRANSACTION AND SHE TURNED BACK OVER 481 8/22/17 THE $20 BILL BUYERS USED. ADVISED HER TO ALWAYS CHECK BUYERS 481 8/22/17 ID'S. SHE WAS APOLOGETIC. ADVISED SHE WOULD BE CHARGED VIA 481 8/22/17 FORMAL COMPLAINT. NOTIFIED MANAGER ON DUTY AS WELL. 481 8/22/17 I.C. PARADISE/481 481 8/22/17 SHOULD BE NOTED THAT BUYERS ADVISED THE COMPUTER BEEPED TO 481 8/22/17 ASK THEIR AGE THEY FIGURED, AND THE CASHIER DID NOT ASK. 481 8/22/17 I.C.PARADISE/481 481 8/22/17 CLASSIFIED AS: LIQUOR-GM-SELL TO OR PROCURE LIQUOR FOR MINOR M4106 Page 25 of 82 d O y U. o o c = U) s -' z N La a d m OC Y C C m ++ Z 0 't a o 0 a CA Go, wog O y O0 � :a 1 � v r O m t R a 0 v d m JI0 0 H Z 2 Vl IQ N L A d ce V~ M O O i C s 4 m C) L M C v O a � Hs07, c e ° •ate,,``�. LLJ fn > 'a b t o " u s n d 1 C N 0 tt U. .010 C y too 1�1 } 0 °7 x At � `� _ c aj l7 o f T{ i° O u c 2 m d to L Q n 'O Q a' o_c ° O t0 .E 1T1 rA •_ U. ds � ua 9 u a tYo a _ m O t0 _ o a+ H + W y r O $ u y J' a d =o1 zMa t2y ° z W W drMZa 46 O t3 � W � � > OOm F m¢ EY a O y 0 = 0 0 O m W- to a F C w Z ti y .9 ty 2 d 02 O C .Q LL L D M cc u ° p 2 N d W ym M = Z ic N .^ li vi S z r R a N Page 26 of 82 No. 17-3LF _ city Oak Park Heights 240.00 Fee$ County Washington _...__..... _.................._... Alcohol di lianhlinp Fcc�toreamont OFF SALE LIQUOR LICENSE THIS CERTIFIES THAT: LICENSEE Wal-Mart Stores Inc. _ ------ ------------------ ----------------------- --------------------- TRADENAME Wal-Mart Supercenter#1861 STREET ADDRESS OR LOT AND BLOCK N05815 Norell Avenue North Is authorized to sell intoxicating liquor at off sale subject to the laws and regulations ofthe State of Mirmesota and municipal ordinances for the January 1 2017 December 31,%2TPeriod beginning to Mayor or President THIS LICENSE IS APPROVED Given undof my hand and the Municipal Corporate Seal hts ea-Z& e Oak Park ei� f`� DEC 2 3 2016 City of g Date12/13/16 Alcohol&Gambling Enforcement Director Date *L I PS9008-03(6/03) CLE or Recorder omal.Y 0PY Page 27 of 82 3 ,�, f4;6 1.C6 J"' CITY OF OAK PARK HEIGHTS,MINNESOTA LIQUOR LICENSE RENEWAL APPLICATION Directions:Type or print in ink. Indicate if you are a sole proprietor,partner,corporation officer, association officer, or agent/manager in charge of premises. YOU MUST PROVIDE THE FULL NAME, INCLUDING FULL MIDDLE NAME (no initials), AND DATE OF BIRTH FOR EVERY PERSON LISTED. Applicant shall be governed as follows: for a Partnership, one of the partners shall execute this application for all members of the partnership; for a Corporation, one officer shall execute this application for all officers, directors, and stockholders. 1. Business Type: Sole Proprietorship❑ Partnership❑ Corporation Club❑ Limited Liability Company❑ 2. Business Name: Business Address: J 5-5 6a Business Phone: . `7 -71 State of Incorporation Date of Incorporation 3. If business is to be conducted under a designation,name,or style other than the full name of the applicant,attach a copy of the trade name certificate, as required by Chapter 333, Minnesota Statutes, certified by the Secretary of State. 4. Applicant Name: Home Address: Home Phone: 9 Date of Birth: — nipa Position: )Y-%A — Spouse's Name: n)A Spouse's Address: 11 I'N, Spouse's Date of Birth: 5. Is the bZ ding where the licensed business will be located owned by the applicant? Yes [ No ❑. If no, enclose a copy of the lease to this pplication. Are taxes paid up to the date of this application? Yes 2 No ❑ (Taxes must be paid prior to issuance of the license whether the building is owned by the applicant or not.) City of Oak Park Heights Liquor License Renewal Application Page 1 of 2 Revised: 10/2011 Page 28 of 82 i RESOLUTION NO. 00-07-39 CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY,MINNESOTA RESOLUTION OF THE CITY COUNCIL APPROVING ADVISORY GUIDELINES FOR ESTABLISHMENT OF CIVIL PENALTIES FOR THE VIOLATION OF STATE LAW REGARDING THE SALE OR FURNISHING OF AL COHOIi j TE) TCRS WHEREAS,Minnesota Statute §340A.503 provides that it is a gross misdemeanor to sell,barter,furnish or give alcoholic beverages to a person under 21 years of age;and . WHEREAS, the City conducts regular compliance checks to ensure that those establishments holding municipal liquor licenses in the City of Oak Park Heights are in compliance with the state statute. In the event that a liquor license establishment is proved to have violated state law;then the Council is called upon to determine how to proceed properly; and WHEREAS,Minnesota Statute§340A.415 authorizes the City Council,upon proof of violation of state law,to revoke the license or permit, suspend the license or permit for.up to 60 days,impose a civil penalty of up to$2,000 for each violation, or impose any combination of these sanctions. NOW, THEREFORE, in order to guide the City Council and in order to create a uniform system for dealing with these violations,the City Council for the City of Oak Park Heights does hereby approve the following: 1. BE IT RESOLVED that the following designated civil penalties shall constitute advisory guidelines for City Council action in cases of violation. of City issued liquor limnsel It is understood that the Council may deviate from these advisory guidelines based upon compelling circumstances presented in individual"cases. SALE OF ALCOHOLIC BEVERAGES TO MINORS (OR PERMIT A PERSON UNDER THE AGE OF 21 YEARS TO DRINK ALCOHOLIC BEVERAGES ON THE LICENSED PREMISES): First Offense: Five Hundred Dollars($500)civil fine. Second Offense: One Thousand Dollars($1,000)civil fine and one five-day license suspension(Monday through Friday)for"'off sale"licensees; and three weekend days suspension (Friday.through Sunday)for"on sale"licensees. Page 29 of 82 I 1 Third Offense: One Thousand Five Hundred Dollars($1,500)civil fine and a ten- day license suspension[to include at least one weekend day(Friday or Saturday)]for"off sale" licensees;and a seven-day suspension for"on sale"licensees. 3 t t j Fourth or Subsequent Offense: At City Council discretion. 2. BE IT FURTHER RESOLVED that it is the policy ofthe City Council that the above sanctions shall be issued and calculated as against all offenses occurring within a 24- consecutive month period from the date of the most recent violation. Any violations having - - occurred beyond 24 consecutive months prior to the most recent violation shall not be counted in y Y terms of imposing the sanctions noted above. 3. BE IT FURTHER RESOLVED that if the City Council imposes a civil fine,the Council shall also allow the license holder a reasonable time to pay the fine. A reasonable time to pay means that all fines shall be paid within 60 days unless the Council determines that a longer period of time is justified under the circumstances of the case. Failure of a license holder to Pay a fine within the time prescribed by the City Council shall cause that license to be immediately suspended until full payment is received by the City. 4. BE IT FURTHER RESOLVED that any license holder who has had their license or permits suspended or revoked pursuant to City action shall not be allowed to operate the activity which required the license until the license is reinstated. Any operation during a period of suspension or revocation shall be deemed to be an additional violation of the City's Liquor License Ordinance and of state law. 2000. Passed by the City Council for the City of Oak Park Heights this 25th day of July, A ST: David S haat r Thomas Melena. City Administrator 2 Page 30 of 82 N Oak Park Heights Request for Council Action Meeting Date: September 12, 2017 Time Required: 1 Min Agenda Item Title: Alcohol Compliance Violation—Eagles Club Agenda Placement: Consent Originating Department/Requestor: Oak Park Heights Police Dept., Chief Brian DeRosier Requester's Signature Action Requested: Schedule Hearing to Show Cause—Eagles Club Background/Justification: On August 21, 2017,the Oak Park Heights Police Dept. conducted routine alcohol compliance checks on all vendors licensed within the City of Oak Park Heights, MN. During the compliance check an officer of the OPH P.D. was assisted by a less than 21 year old volunteer. The volunteer entered the business of Eagles Club attempting to purchase alcohol. The clerk did ask for identification and was provided the volunteer's real driver's license showing the volunteer to be under 21. The clerk completed the sale of alcohol regardless of the identification. The under 21 year old volunteer completed the transaction using US Currency that was provided by the OPH P.D. The OPH P.D. Officer then returned immediately to the store and advised the store manager and the clerk of the offense. The clerk is being charged criminally under MNSS 609.340A-503. The merchant Eagles Club has not had a previous violation. In conformance with OPH Resolution 00- 07-39, I recommend the council schedule a Hearing to Show Cause on October 10'', 2017 with the purpose of reviewing the incident for imposition of a$500 sanction if not voluntarily paid prior to that date by the merchant. Page 31 of 82 CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY,MINNESOTA IN RE: LICENSE# 17-05LN& 17-05LS TO SELL Liquor,Wine, Club or 3.2 Malt Beverages, On Premises Consumption ORDER TO SHOW CAUSE TO: Stillwater Eagles Aerie 94 DBA Stillwater Eagles/13523 60th St North,Oak Park Heights MN 55082. 1. At the direction of the City Council for the City of Oak Park Heights, it is hereby ordered that you, or your representatives, appear before the City Council of the City of Oak Park Heights at 6:00 p.m. on October 101, 2017 at the City Municipal Building located at 14168 Oak Park Boulevard No.,Oak Park Heights, Minnesota 55082, or as soon thereafter as council can be heard and show cause, if any cause you have, why an order should not be issued by the City Council for the City of Oak Park Heights imposing fines, limiting,suspending or revoking your 2017(and future)License to sell Liquor,Wine,Club or 3.2 Malt Beverage for On Premise Consumption,License# 17-05LN& 17-05LS; as had been previously issued by the City of Oak Park Heights to Stillwater Eagles Aerie 94 DBA Stillwater Eagles, 13523 60th St North,Oak Park Heights MN 55082. Specifically,you should show cause why your license as referenced above should not be suspended,revoked or other sanctions imposed by the City of Oak Park Heights as a result of illegal sales of Alcohol to a under 21- year-old person as occurred on your premises on August 21,2017. PLEASE BE ADVISED, that under resolution 00-07-39 previously adopted by the city council you face a presumptive fine involving$500.00. This presumptive imposition of sanction against license is authorized by City Ordinance. ALSO BE ADVISED,that you may elect not to oppose the presumptive fine and contact the Chief of Police for the City of Oak Park Heights to discuss the terms of fine payment. Dated this 12'h day of September,2017 BY ORDER OF THE CITY COUNCIL Brian DeRosier Chief of Police 651-439-4723 Page 32 of 82 POLICE DEPARTMENT CITY OF OAK PARK HEIGHTS 14168 Oak Park Blvd. N.•P.O.Box 2007 Brian DeRosier Oak Park Heights, Minnesota 55082 Chief of Police ® Telephone: (651)439-4723 Fax:(651)439-3639 Emergency:911 September 12th, 2017 Stillwater Eagles Club 13523 60th St No. Oak Park Heights, MN 55082 Dear Sir or Madam; In response to an alcohol sale violation investigated by the Oak Park Heights Police Department on August 211,2017,the city council has ordered a hearing to show cause involving alcohol license implications. On the date August 21st, 2017 one of your employees allowed the purchase of alcohol to an under 21- year-old persons. The report of the incident is attached. The suspect employee is being criminally charged separately under MNSS 340A.503 criminal violation. As part of this violation the City Council of Oak Park Heights in accordance with OPH Resolution#00-07- 39 is conducting a hearing to show cause with a presumptive $500.00 civil sanction against your liquor license. You have the ability under city resolution to be heard at a hearing to show cause. This hearing is scheduled to take place at the council meeting October 10th,at 6pm. If you choose to waive the hearing you can pay the civil sanction of$500.00 prior to the meeting date. If you choose to waive the hearing and pay the sanction,you need to notify myself prior to the hearing date. If you have questions please call me and I would be glad to help. Sincerely; Brian DeRosier Chief of Police Page 33 of 82 N c C Z z tD 3 10 ffi '► p3j x mr 2. G V C-n tp iSQ} m O C :4p ro 0 � s � H C •� m a3 C C c R o Pi ^ 3 z � � v y 13 CL ^� -4 > m y 2 3 R .�� mPC Z b Z O in R C b - zRomaa o s 0 rn �,.oA � wv4 m - y ro� 3A g SZ C -cc ,%D CL O' f1 ,mF, 3 to 3 CL 031 y � 7 is R A ISD �• CL w G O• '@ � O rt . sn my r_r to T Gm •+ nJO o H d m m m y Sx Tat C w Q rn 00 , Z rt O L m O Mm 3 N O ? N G 551 R a +R ID y_� rt raw• " • Im O R V_f Im 1nD C R IA CL S' c c 1 00 ..,•� -...00 � 3 A w m R a 1D O � IL m !? � O =. m a 3 IIII +•F S 3 d Ip 1'11 3 R a is S•o R _o g o j vs Z c lu Page 34 of 82 r — 0 fA m 0 0 VI' IM . � 3 N y O w to O 20 �' T n -gym aam0 5°. 3 a °' O11 y a) o m � w A m ��� aro z o _ o „ o O A C ?pr A a ao ° a m t p n G z . O � S CJ I F �' t0 ° nt A Rtxb'A z gm2 30 cr im CL n mla to 03 c ,`� ed ;ID n � m o finL mo CL M A 0R 0 fA tj m O I•Y � FA ;4 G N m r'o 0 ja i eo 0 7 w O -4 N d ?; r0 w Z g � 5 3 S m ° e3a O 0. �0 v IF C r� 04 pm �\ anS N v M = m a Si S S ICLcr S ° 0, c m V O O G 0, 3 01 Q' t0 1 3 I A N OF acrS m e A 0. i OJ N Nto 7 7 n =+ Page 35 of 82 b CITY OF OAK PARD HEIGHTS,MINNES TA LIQUOR LICENSE '." RENEWAL APPLICATION cny atom park Herohts �.A PM Directions: Type or print in ink. Indicate if you are a sole proprietor,partner, corporation officer, association officer, or agent/manager in charge of premises. YOU MUST PROVIDE THE FULL NAME, INCLUDING FULL MIDDLE NAME (no initials), AND DATE OF BIRTH FOR EVERY PERSON LISTED. Applicant shall be governed as follows: for a Partnership, one of the partners shall execute this application for all members of the partnership; for a Corporation,one officer shall execute this application for all officers, directors, and stockholders. 1. Business Type: Sole Proprietorship ❑ Partnership❑ Corporation❑ Club [ Limited Liability Company❑ 2. Business Name: her.,/ 9'..1 it►,r Corps I ij Business Address: t S 13 14 Pr Business Phone: 16fi- V 3D- 20 yt State of Incorporation No Date of Incorporation 3. If business is to be conducted under a designation,name, or style other than the full name of the applicant, attach a copy of the trade name certificate, as required by Chapter 333, Minnesota Statutes, certified by the Secretary of State. 4. Applicant Name: g a.+6f kd ir,a k', Home Address: Home Phone: _ Date of Birth: Position: :d"d f e-e Spouse's Name: r�eJ Trs-'a Spouse's Address: _ Spouse's Date of Birth: _ S. Is the building where the licensed business will be located owned by the applicant? Yes [A No ❑. If no,enclose a copy of the lease to this application. Are taxes paid up to the date of this application? Yes[Q No ❑ (Taxes must be paid prior to issuance of the license whether the building is owned by the applicant or not.) City of Oak Park Heights Liquor License Renewal Application Page 1 of 2 Revised: 10/2011 Page 36 of 82 CJGIUPROPH OAK PARK HEIGHTS POLICE DEPARTMENT DATE 8/29/17 TIME 12 : 12 : 12 INITIAL COMPLAINT REPORT 117704112 DATE/TIME REPORTED: 8/21/17 17 :53 :25 DISPATCHER: KDSCHNI DATE/TIME STAMP: 8/21/17 17 :53 :40 ENTERED BY: KDSCHNI LOCATION OF INCIDENT: 13523 60TH ST N GRID: SW EAGLES OAK PARK HEIGHTS, MN 55082 INCIDENT RECEIVED BY: RADIO OFFICERS ASSIGNED: 481 PARADISE NAMES ASSOCIATED LINDSEY PARADISE WITH THIS INCIDENT: OAK PARK HEIGHTS POLICE D 14168 OAK PARK BLVD OAK PARK HEIGHTS, MN 55082 PHONE: (H) (W) 651/439-4723 SEX: DOB: ASSOCIATION:OTHER ALCOHOL COMPLAINCE FAIL STEPHANIE ANN GUNDERSON 481 MCCUTCHEON RD HUDSON, WI 54016 PHONE: (H) (W) SEX:F DOB: ASSOCIATION:SUSPECT EMPLOYEE WHO SOLD CHARGE VIA FORMAL COMPLAINT:SALE TO MINOR MSS:430A. 503 SUB2 (1) EAGLES 13523 60TH ST N OAK PARK HEIGHTS, MN 55082 PHONE: (H) (W) 651/430-2048 SEX: DOB: ASSOCIATION:OTHER LOCATION OFFICER COV24ENTS: PARADISE/481 8/21/17 17 : 53 481 8/22/17 AT APPROX. 16:40 TWO UNDERAGE BUYERS WENT INTO THE EAGLES 481 8/22/17 CLUB IN OPH TO PURCHASE ALCOHOL FOR THE CITY WIDE ALCOHOL 481 8/22/17 COMPLAINCE CHECKS. BUYERS WERE INSTRUCTED TO GIVE THEIR REAL 481 8/22/17 MNDL AND OR REAL AGE IF ASKED. THEY WERE ALSO GIVEN A $20 481 8/22/17 BILL ENDING IN -6618A TO USE FOR PURCHASE. I EVENTUALLY GOT 481 8/22/17 A PHONE CALL FROM THE BUYER THAT THEY WERE AT THE BAR AND 481 8/22/17 WERE SERVED ALCOHOL. UPON ENTERING THER WAS ONLY ONE BAR 481 8/22/17 TENDER WORKING, BUYERS POINTED HER OUT(LATER ID'D AS 481 8/22/17 GUNDERSON) , I MADE CONTACT WITH GUNDERSON AND ADVISED SHE HAD 481 8/22/17 JUST SOLD ALCOHOL TO TWO UNDERAGE BUYERS. SHE ADVISED SHE 481 8/22/17 SAW THE AGE ON THE ONE DL AS 1998, AND THOUGHT THAT WAS 21. 481 8/22/17 THEN ADVISED SHE THOUGHT SHE SAW 1993 . COPY OF TRANSACTION 481 8/22/17 Page 37 of 82 Ct7G1UPROPH OAK PARK HEIGHTS POLICE DEPARTMENT DATE 8/29/17 TIME 12 : 12 : 12 INITIAL COMPLAINT REPORT 117704112 DATE/TIME REPORTED: 8/21/17 17 :53 : 25 DISPATCHER: KDSCHNI DATE/TIME STAMP: 8/21/17 17 : 53 :40 ENTERED BY: KDSCHNI WAS OBTAINED. TOTAL SPEND WAS $5 . 50 . CHANGE FROM TRANSACTION 481 8/22/17 WAS RETURNED, AND $20 BILL USED IN TRANSACTION WAS TURNED 481 8/22/17 BACK OVER. I ADVISED SHE WOULD BE CHARGED VIA FORMAL 481 8/22/17 COMPLAINT, AND THE BUSINESS WOULD BE FOLLOWED UP WITH BY 481 8/22/17 THE CITY. UNDERSTOOD WITH NO QUESTIONS. TWO COORS LIGHT 481 8/22/17 CANS WERE OPEN ON THE BAR. SMALL AMOUNT OF EACH WERE POURED 481 8/22/17 INTO EVIDENCE CONTAINER, REMAINDER OF ALCOHOL WAS POURED 481 8/22/17 OUT AND EMPTY CAN'S PLACED INTO EVIDENCE AS WELL. 481 8/22/17 I .C. PARADISE/481 481 8/22/17 CLASSIFIED AS: LIQUOR-GM-SELL TO OR PROCURE LIQUOR FOR MINOR M4106 s Page 38 of 82 v RESOLUTION NO.00-07-39 CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY,MINNESOTA RESOLUTION OF THE CITY COUNCIL APPROVING ADVISORY GUIDELINES FOR ESTABLISHMENT OF CIVIL PENALTIES FOR THE VIOLATION OF STATE LAW REGARDING THE SALE OR FURNISHING OF ALCOHOL TOM MORS WHEREAS,Minnesota Statute §340A.503 provides that it is a gross misdemeanor to sell,barter,furnish or give alcoholic beverages to a person under 21 years of age;and _ WHEREAS, the City conducts regular compliance checks to ensure that those establishments holding municipal liquor licenses in the City of Oak Park Heights are in compliance with the state statute. In the event that a liquor license establishment is proved to have violated state Iaw;then the Council is called upon to determine how to proceed properly;and WHEREAS,Minnesota Statute §340A.415 authorizes the City Council,upon proof of violation of state law,to revoke the license or permit, suspend the license or permit for.up to 60 days, impose a civil penalty of up to$2,000 for each violation, or impose any combination of these sanctions. NOW, THEREFORE, in order to guide the City Council and in order to create a uniform system for dealing with these violations,the City Council for the City of Oak Park Heights does hereby approve the following: L BE IT RESOLVED that the following designated civil penalties shall constitute advisory guidelines for City Council action in cases of violation of City issued liquor licensw. It is understood that the Council may deviate from these advisory guidelines based upon compelling circumstances presented in individual-cases. SALE OF ALCOHOLIC BEVERAGES TO MINORS (OR PERMIT A PERSON UNDER THE AGE OF 21 YEARS TO DRINK;ALCOHOLIC BEVERAGES ON THE LICENSED PREMISES): First Offense: Five Hundred Dollars($500)civil fine. Second Offense: One Thousand Dollars($1,000)civil fine and one five-day license suspension(Monday through Friday)for"off sale"licensees;and three weekend days suspension (Friday.through Sunday)for"on sale"licensees. Page 39 of 82 Third Offense: One Thousand Five Hundred Dollars($1,500)civil fine and a ten- day license suspension[to include at least one weekend day(Friday or Saturday)]for"off sale" licensees;and a seven-day suspension for"on sale"licensees. Fourth or Subsequent Offense: At Ci Council - City discretion. 2. BE IT FURTHER RESOLVED that it is the policy of the City Council that the above sanctions shall be issued and calculated as against all offenses occurring within a 24- consecutive month period from the date of the most recent violation Any violations having occurred beyond 24 consecutive months prior to the most recent violation shall not be counted in terms of imposing the sanctions noted above. 3. BE IT FURTHER RESOLVED that if the City Council imposes a civil fine,the Council shall also allow the license holder a reasonable time to pay the fine. A reasonable time to pay means that all fines shall be paid within 60 days unless the Council determines that a longer period of time is justified under the circumstances of the case. Failure of a license holder to pay a fine within the time prescribed by the City Council shall cause that license to be immediately suspended until full payment is received by the City. 4. BE IT FURTHER RESOLVED that any license holder who has had their license or permits suspended or revoked pursuant to City action shall not be allowed to operate the activity which required the license until the license is reinstated. Any operation ddring a period of suspension or revocation shall be deemed to be an additional violation of the City's Liquor License Ordinance and of state law. 2000. Passed by the City Council for the City of Oak Park Heights this 25th day of July, Dav4S; ,M/r��r A ST: V� Thomas Melena City Administrator 2 Page 40 of 82 Oak Park Heights Request for Council Action Meeting Date: Tuesday September 12,2017 Agenda Item : Safe Assure Contract Time Req. 1 Minute Agenda Placement: Consent Originating Department/Requesto Public Works,Andy Kealey,Public Works Director Requester's Signature �— Action Requested: Authorize S to renew contract with Safe Assure Background/Justification(Please indicate any previous action has been taken or if other public bodies have been advised). See attached memo. Page 41 of 82 I City of Oak Park Heights 14168 Oak Park Blvd N.•Box 2007.Oak Park Heights,MN 55082•Phone(651)439-4439•Fax 439-0574 Memorandum To: Eric Johnson,Administrator Cc: Mayor and Council From: Andrew Kegley, Public Works Director Date: 09/05/2017 Ra: Safe Assure Contract Renewal OSHA requires documented proof of employee training and written procedures for standards that are set by the agency.For the past several years,the City of OPH and surrounding Cities (Stillwater, Lake Elmo, et al.)have cooperatively contracted with Safe Assure to provide staff training,a written safety policy manual,mock OSHA inspections of the P.W. shop and other such services. Safe Assure is thorough in the service they provide through quality training as well as following up on questions from OPH P.W. staff and providing required materials for documentation. The rate for one year of unlimited service is$3,211.71. The service is funded from a percentage split in the P.W. contracted services fund. Safe Assure provides valuable service to OPH. I recommend the Council approve signing a contract to continue services. Page 42 of 82 The United States Department of Labor, Division of Occupational Safety and Health Administration and the Minnesota Department of Labor, Division of Occupational Safety and Health Administration require employers to have documented proof of employee training and written procedures for certain specific standards. The attached addendum and training schedule clarifies written and training requirements. The required standards that apply to The City of Oak Park Heights are listed below: A.W.A.I.R. MN Statute 182.653 "An employer covered by this section mustestablish a written Work p/aceAardent&Injuryprogram that promotes safe&heafthf ll working coondrtions" EMERGENCY ACTION PLAN 29 CFR 1910.35 THRU .38 "The emergency action plan shall be in wridno and shall cover the designated actions employers& employees must take to insure employee safety from fire&other emergencies". CONTROL OF HAZARDOUS ENERGY 29 CFR 1910.147 & MN Statute 5207.0600 'Prncedures shat/be developed, documented& utilized for the control of potentially hazardous energy when employees are engaged in the activities covered by this section". HAZARD COMMUNICATIONS 29 CFR 1910.1200 & MN Statute 5206.0100 thru 5206.1200 "Evaluating tfie potentia/hazards of chemicals,and communicating information conceming hazards and appropriate protective measures to employees may include,but is not limited to,provision for development&maintaining a written hazard communication program for the work-place.. " RECORDING AND REPORTING OCCUPATIONAL INJURIES AND ILLNESSES 29 CFR 1904 "Each emp/oyershall maintain in each establishment a log and summary of all occupation/injuries and illnesses for ifiat establishment............" CONFINED SPACE 29 CFR 1910.146 Ifthe employerdeddes thatits employees wi//enterpermitspaaes,the emp/oyershall develop and implement a written permit space program........ RESPIRATORY PROTECTION 29 CFR 1910.134 Written standard operating procedures governing the selection and use of respirators shall be established. OCCUPATIONAL NOISE EXPOSURE 29 CFR 1910.95 The employer shall institute a training program for all employees who are exposed to noise at or above an 8-hour time weighted average of 85 decibels, and shall ensure employee participation in such a program. BLOODBORNE PATHOGENS 29 CFR 1910.1030 Each employer having an employee(s) with occupational exposure as defined by paragraph(b)of this section shall establish a written Exposure Control Plan designed to eliminate or minimize employee exposure. Page 43 of 82 POWERED INDUSTRIAL TRUCKS 29 CFR 1910.178 "Only trained and authorized operators shall be permitted to operate a powered industrial truck. Methods shall be devised to train operators in the safe operation of Powered Industrial Trucksg GENERAL DUTY CLAUSE PL91-596 "Hazardous conditions or practises not covered in an O.S.H.A. Standard may be covered under section 5(a)(1)of the act, which states- Each employer shall furnish to each of(their)employees employment and a place of employment which is free from recognized hazards that are causing or are likely to cause death or serious physical harm to{their)employees" PERSONAL PROTECTIVE EQUIPMENT 1926.95 a) 'Application.11 Pmtective equipment; including personal protective equipment for eyes,face, head, and extremities,protective clothing,respiratory devices,and protective shields and barriers,shall be provided, used, and maintained in a sanitary and reliable condition wherever it is necessary by reason of hazards of processes or environment, chemical hazards, radiological hazards, or mechanical irritants encountered in a manner capable of causing injury or impairment in the function of any part of tate body through absorption, inhalation or physical contact. OVERHEAD CRANES 1910.179(j)(3) Periodic inspection. Complete inspections of the crane shall be perfommed at intervals as generally defined in paragraph G)(1ffili)(b)of this section, depending upon its activity..................... ERGONOMICS 29 CFR PART 1910.900 THRU 1910.944 "Training required for each employee and their supervisors must address signs and symptoms of MSD s, MSD hazards and controls used to address MSD hazards:' MOBILE EARTHMOVING EQUIPMENT MN RULES 5207.1000 Mobile earth-moving equipment operators and all other employees working on the ground exposed to mobile earth-moving equipment shall be trained in the safe work procedures pertaining to mobile earth-moving equipment and in the recognition of unsafe or hazardous conditions Page 44 of 82 In the interest of Quality Safety Management, it may be recommended that written procedures and documented employee training also be provided for the following Subparts. (Subparts represent multiple standards) 1910 Subparts Subpart D - Walking - Working Surfaces Subpart E - Means of Egress Subpart F - Powered Platforms, Man-lifts, and Vehicle-Mounted Work Platforms Subpart G - Occupational Health and Environmental Control Subpart H - Hazardous Materials Subpart I - Personal Protective Equipment Subpart] - General Environmental Controls Subpart K - Medical and First Aid Subpart L - Fire Protection Subpart M - Compressed Gas and Compressed Air Equipment Subpart N - Materials Handling and Storage Subpart O - Machinery and Machine Guarding Subpart P - Hand and Portable Powered Tools and Other Hand-Held Equipment. Subpart Q - Welding, Cutting, and Brazing. Subpart S - Electrical Subpart Z -Toxic and Hazardous Substances 1926 Subparts Subpart C - General Safety and Health Provisions Subpart D - Occupational Health and Environmental Controls Subpart E - Personal Protective and Life Saving Equipment Subpart F - Fire Protection and Prevention Subpart G - Signs, Signals, and Barricades Subpart H - Materials Handling, Storage, Use, and Disposal Subpart I - Tools - Hand and Power Subpart] - Welding and Cutting Subpart K- Electrical Subpart L - Scaffolds Subpart M - Fall Protection Subpart N - Cranes, Derricks, Hoists, Elevators, and Conveyors Subpart O - Motor Vehicles, Mechanized Equipment, and Marine Operations Subpart P - Excavations Subpart V - Power Transmission and Distribution Subpart W - Rollover Protective Structures; Overhead Protection Subpart X - Stairways and Ladders Subpart Z -Toxic and Hazardous Substances Applicable MN OSHA 5205 Rules Applicable MN OSHA 5207 Rules Applicable MN OSHA 5206 Rules (Employee Right to Know) Page 45 of 82 All training on the programs written by SafeAssure Consultants, Inc. will meet or exceed State and/or Federal OSHA requirements. These programs/policies and procedures listed on the addendum do not include the cost of hardware such as labels,signs, etc. and will be the responsibility of The City of Oak Park Heights to obtain as required to comply with OSHA standards. Our contract year will begin on the signing of this proposal/contract. Classroom training will be accomplished at a time convenient to most employees/management and so selected as to disrupt the workday as little as possible. All documents and classroom training produced by SafeAssure Consultants for The City of Oak Park Heights are for the sole and express use by The City of Oak Park Heights and its employees and not to be shared, copied, recorded, filmed or used by any division, department, subsidiary, or parent organization or any entity whatsoever, without prior written approval of SafeAssure Consultants. It is always the practice of SafeAssure Consultants to make modifications and/or additions to your program when necessary to comply with changing OSHA standards/statutes. These changes or additions,when made during a contract year, will he made at no additional cost to The City of Oak Park Heights. All written programs/services that are produced by SafeAssure Consultants, Inc.are to meet the requirements set forth by MNOSHA/OSHA. SafeAssure Consultants,Inc.will reimburse The City of Oak Park Heights should MNOSHA/OSHA assess a fine for a deficient or inadequate written program that was produced by SafeAssure Consultants,Inc. SafeAssure Consultants,Inc.does not take responsibility for financial loss due to MNOSHA/OSHA fines that are unrelated to written programs mentioned above. Page 46 of 82 ADDENDUM SAFETY PROGRAM RECOMMENDATIONS The City of Oak Park Heights Written Programs &Training A.W.A.I.R. (A Workplace Accident and Injury Reduction Act) • review/modify or write site specific program • documented training of all personnel • accident investigation • simulated OSHA inspection Employee Right to Know/Hazard Communication • review/modify or write site specific program • documented training of all personnel (general and specific training) • various labeling requirements • assist with installing and initiating DAMARCO Solutions, LLC, MSDS and data base program Lock Out/Tag Out(Control of Hazardous Energy) • review/modify or write site specific program • documented training of all personnel Emergency Action Plan • review/modify or write site specific program • documented training of all personnel Respiratory Protection • review/modify or write site specific program • documented training of all personnel Bloodborne Pathogens • review/modify or write site specific program • documented training of all personnel Cranes-Chains-Slings • review/modify or write site specific program • documented training of all personnel (inspections) Hearing Conservation (Occupational Noise Exposure) • review/modify or write site specific program • documented training of all personnel • decibel testing and documentation Personal Protective Equipment • review/modify or write site specific program • documented training of all personnel Confined Space • review/modify or write site specific program • documented training of all personal Page 47 of 82 Powered Industrial Trucks/Forldifts • review/modify or write site specific program • documented training of all personnel • testing and licensing Ergonomics • review/modify or write site specific program • documented training of all personnel o job hazards-recognition o control steps o reporting o management leadership requirements o employee participation requirements Mobile Earthmoving Equipment • review/modify or write site specific program • documented training of all personal General Safety Requirements • review/modify or write site specific program • documented training of all personnel The"SafeAssure Advantage w�ii�hle f(,. L.ru Jloodborne • Safety Committee Advisor • Employee Safety Progress Analysis I"from Fastenal Stores or Catalogs (1 SO% nff anv item) • Job Hazard Analysis (JHA for more hazardous tasks/jobs) • Training manual maintenance • Safety manual maintenance • Documented decibel testing • Documented air quality readings-(CO2 testing in shops with 5 or more vehicle capacity) • Documented foot-candle readings (if needed) • OSHA recordkeeping • General Duty Clause • Assistance during an actual OSHA inspection • General safety recommendations • ''ALERT"data base • Unlimited consulting services Page 48 of 82 Contract/ Agreement THIS AGREEMENT is made this first day of October, 2017 between The City of Oak Park Heights, Oak Park Heights, Minnesota, herein referred to as The City of Oak Park Heights and SafeAssure Consultants, Inc. 200 S.W. Fourth Street, Willmar, Minnesota, herein referred to as SafeAssure. SafeAssure agrees to abide by all applicable federal and state laws including, but not limited to, OSHA regulations and local/state/national building codes.Additionally,SafeAssure will practice all reasonable and appropriate safety and loss control practices. SafeAssure agrees to provide,at the time of execution of this contract/agreement,The City of Oak Park Heights(upon request)with a current Certificate of Insurance with proper coverage lines and a minimum of$2,000,000.00 in insurance limits of general liability and statutory for workers' compensation insurance. SafeAssure is insured by"The Hartford"insurance companies. SafeAssure further agrees that The City of Oak Park Heights will not be held liable for any claims, injuries, or damages of whatever nature due to negligence,alleged negligence, acts or omissions of SafeAssure to third parties. SafeAssure expressly forever releases and discharges The City of Oak Park Heights, its agents, members, officers, employees, heirs and assigns from any such claims, injuries, or damages. SafeAssure will also agree to defend, indemnify and hold harmless The City of Oak Park Heights, its agents, members and heirs from any and all claims, injuries, or damages of whatever nature pursuant to the provisions of this agreement. SafeAssure and its employees is an independent contractor of The City of Oak Park Heights, and nothing in this agreement shall be considered to create the relationship of an employer/employee. In consideration of this signed agreement/contract,for the period of Twelve Months from the signing month, SafeAssure Consultants, Inc. agrees to provide The City of Oak Park Heights,the aforementioned features and services. These features and services include but are not limited to OSHA compliance recommendations and consultations, providing scheduled classroom-training sessions,writing and maintaining mandatory OSHA programs.These features and services will be prepared to meet the specific needs of The City of Oak Park Heights. ANNUAL CONTRACT $ 3211.71 MSDS/SDS ON-LINE SERVICES $ Included ANNUAL $3,211.71 IN TESTIMONY WHEREOF, we agree to the day and year first above written and, if representing an organization or similar entity, further certify the undersigned are a duly authorized agent of said entity and authorized to sign on behalf of identified entity. TWELVE MONTH CONTRACI1II=* X The City of Oak Park Heights X The City of Oak Park Heights XC4eO L 090117 SafeAssure Consultants, Inc. Date Page 49 of 82 THIS PAGE INTENTIONALLY LEFT BLANK Page 50 of 82 p Oak Park Heights Request for Council Action Meeting Date: September, 12'',2017 Time Required: 1 minute Agenda Item Title: CONSIDER-RESOLUTION RECOGNIZING THE CONTRIBUTIONS OF MR. TERRY LL /// / Agenda Placement: Old Busin s Originating Department/Req stor c Jo sonxa'tyAdministrator Requester's Signature ZZ Action Requested Approve Resoldion Background/Justification(Please ' icate if any previous action has been taken or if other public bodies have advised): At the August 22nd City Counc Meeting,the Council directed that a Resolution be prepared that recognizes Mr. Terry Zoller(f rmerly of MNDOT—now retired)for his work with MNDOT and the construction of the St. Croix River Crossing. See attached Resolution Page 51 of 82 RESOLUTION CITY OF OAK PARK HEIGHTS A RESOLUTION RECOGNIZING THE CONTRIBUTIONS OF MR. TERRY ZOLLER WHEREAS, Mr. Terry Zoller has served with the Minnesota Department of Transportation for over forty years; and, WHEREAS, Mr. Terry Zoller has most recently served as Department of Transportation Construction Manager for the St. Croix River Crossing, which is one of the largest"extradosed" bridges constructed in the United States spanning more than 4,000 feet, now successfully completed; and, WHEREAS, Mr. Terry Zoller was always a friendly voice who answered a wide variety of calls from the City, its residents and businesses relating to the St. Croix River Crossing; and, WHEREAS, during his tenure, Mr. Terry Zoller respectfully served the citizens of Oak Park Heights and the citizens of the State of Minnesota in an outstanding and professional manner; and, WHEREAS,the City Council of Oak Park Heights recognizes the dedication and contributions of Mr. Terry Zoller and wishes him continued success in his retirement. NOW, THEREFORE, BE IT RESOLVED, that the City Council of Oak Park Heights recognizes and commends Mr. Terry Zoller for his public service, dedication and commitment to professional service. Passed by the City Council of the City of Oak Park Heights this 1211 day of September, 2017. Mary McComber, Mayor ATTEST Eric Johnson City Administrator Page 52 of 82 Oak Park Heights Request for Council Action Meeting Date September 12, 2017 Agenda Item Title Adopt Resolution Approving 2018 Proposed Budget and Proposed Tax Levies Time Required 5 Minutes Agenda Placement New Business Originating Department/Requestor Finance —Betty Caruso, Finance Director Requester's Signature .• Action Requested Adopt Resolution to Approve 2018 General Fund Proposed Budget and Proposed General Fund Tax Levy. Background/Justification : Attached are the Resolution, and worksheets summarizing the Proposed 2018 budget and tax levy. Worksheet: Summary of Revenue and Expenditures Pages 1 and 2(charts included) The total General Fund Budget Expenditures as Proposed is$5,808,438. 2018 General Fund Budgeted Expenditures increased by$168,792 or 2.99%over 2017. • $75,297 or 1.91%is due to an increase in Operations • $ 93,495 or 5.51%is due to the total increase in the Transfer of funds for capital projects • $0.00 or 0.00%is for the change in Debt portion of the levy, The proposed tax levy for the City is$5,328,501 for the General Levy and$0 for the Debt Levy. The Proposed Levy is$134,840 or a 2.60%increase over 2017's levy. Included in the proposed General Fund Levy amount of$5,328,501 is the debt service amount of$603,000. A budgeted transfer to the related debt funds is reflected in the expenditures as well. The scheduled debt levy is equal to$603,000. Worksheet B: Tax Impact Worksheet The Tax Rate for 2017 and estimated 2018 is 56.143%and 54.397%respectively. This is a 3.1%decrease. Due to the 0.70%average increase in residential property taxes and the-3.1%change in tax rate a residential Property is expected to see a decrease in the taxes paid to the city. Recommendation: Adjustments can be made to this budget between now and adoption of our final budget in December, however the tax levy cannot be increased to a greater amount than what is proposed and adopted at this meeting. The proposed 2018 General Fund Levy must be adopted, approved and certified to Washington County by September 30, 2017. The final budget and levy must be submitted to the County by December 28, 2017. 1 recommend approval and adoption of the Resolution for the proposed 2018 General Fund Budget and the 2018 General Fund Tax Levy. Page 53 of 82 2018 PRELIMINARY GENERAL FUND REVENUE BUDGET SUMMARY 2016 ADOPTED 2017 ADOPTED 2018 INCREASE BUDGET BUDGET PRELIMINARY (DECREASE) % Taxes Operations $ 4,571,593 $ 4,590,661 $ 4,725,501 $ 134,840 2.94% Debt Levy 620,000 603,000 603,000 - 0.000/0 Total Taxes $ 5,191,593 $ 5,193,661 $ 5,328,501 $ 134,840 2.60% Tax Abatements - Other Taxes 73,950 74,500 74,500 - 0.00% Business Licenses-Permits 43,177 42,195 43,610 1,415 3.35% Non-Business Licenses-Permits 43,500 54,000 64,000 10,000 18.52% Fines&Forfeits 50,000 40,000 40,000 - 0.00% Intergovernmental Revenues 87,040 94,040 115,527 21,487 22.85% Charges for Services 51,650 52,600 52,600 - 0.000/0 Miscellaneous Revenues 80,650 88,650 89,700 1,050 1.18% Fund Balance 27,000 - - 0.00% Total Revenues $ 5,648,560 $ 5,639,646 $ 5,808,438 $ 168,792 2.99% REVENUES BUDGET 2018 ,kilt 1 ' ■Taxes 93.02% ■Licenses/Permits 1.85% ■Fines&Forfeits .69% ■Intergovernmental Revenue 1.99% ■Charges for Services .91% Other Revenue 1.54% Page 54 of 82 9/8/2017 GENERAL FUND REVENUE BUDGET SUMMARY Page 1 2018 PRELIMINARY GENERAL FUND EXPENDITURE BUDGET SUMMARY 2016 ADOPTED 2017 ADOPTED 2018 INCREASE BUDGET BUDGET PRELIMINARY (DECREASE) % GENERAL GOVERNMENT GENERAL MANAGEMENT&BUILDING $191,160 $174,600 $167,275 ($7,325) -4.20% MAYOR&COUNCIL $119,002 $115,004 $109,504 ($5,500) -4.78% LEGAL $30,000 $36,000 $30,000 ($6,000) -16.67% ELECTIONS $11,100 $1,200 $6,300 $5,100 425.00% CITY ADMINISTRATOR $288,123 $280,520 $284,673 $4,153 1.48% PLANNING&ZONING $32,000 $32,000 $31,500 ($500) -1.56% FINANCE $198,620 $206,778 $212,990 $6,212 3.00% COMPUTER $51,100 $47,700 $47,700 $0 0.00% AUDIT $30,500 $31,120 $34,000 $2,880 9.25% INSURANCE $399,177 $400,650 $424,042 $23,392 5.84% ASSESSING $23,500 $23,600 $25,000 $1,400 5.93% ENGINEERING $27,850 $30,000 $30,000 $0 0.00% COUNCIL CONTINGENCY $15,000 $15,000 $15,000 $0 0.00% PUBLIC SAFETY POLICE $1,404,436 $1,387,916 $1,463,775 $75,859 5.47% FIRE PROTECTION $233,201 $240,300 $257,000 $16,700 6.95% BUILDING INSPECTIONS $110,104 $105,921 $108,614 $2,693 2.54% CIVIL DEFENSE $3,600 $1,610 $1,620 $10 0.62% ANIMALCONTROL $1,650 $1,650 $1,650 $0 0.00% PUBLIC WORKS PUBLIC WORKS-STREET MAINTENANCE $100,421 $101,980 $105,675 $3,695 3.62% PUBLIC WORKS-SNOW REMOVAL $252,000 $202,000 $152,000 ($50,000) -24.75% PUBLIC WORKS-STREET LIGHTING $72,000 $70,600 $70,600 $0 0.00% ARBORIST $5,150 $5,300 $5,855 $555 10.47% SANITATION&WASTE $210,150 $216,900 $217,000 $100 0.05% TREE REMOVAL $35,000 $35,000 $35,000 $0 0.00% PARKS AND RECREATION PARKS $183,241 $178,472 $180,345 $1,873 1.05% OTHER EXPENDITURES $0 TRANSFERS OUT $1,620,475 $1,697,825 $1,791,320 $93,495 5.51% TOTAL GENERAL FUND EXPENDITURE $5,648,560 $5,639,646 $5,808,438 $168,792 2.99% 9/8/2017 GENERAL FUND EXPENDITURE BUDGET SUMMARY Page 55 of Vage 2 Preliminary Payable 2016 Property Tax Impact Worksheet Taxing District: 1700 Oak Park Heights-GENERAL LEVY&DEBT LEVY vahm Step 1-Calculate the Taxing District's Tax Rate-Total General and Debt Levy Prelim Budget/Levy 9/12/17 Actual Preliminary Item Pay 2017 2018 Change Increase (A B) 2015 (Decrease) 1. Levy before reduction for state aids $5,193,661 $5,328,501 2.60% $ 134,840 2. State Aids $0 $0 0.0% 3. Certified Property Tax Le $5,193,661 $5,328,501 2.6% 4. Fiscal Disparity Portion of Lev $250,539 $260,335 3.9% S. Local Portion of Le $4,943,122 $5,068,166 2.5% 6 Local Taxable Value $8,804,586 $9,316,993 5.8% 7 Local Tax Rate 56.143% 54.397% -3.1% Step 2-Calculate the Impact of the Taxing District's Rate on Residential Homestead Taxes: 8. Assumes a 0.70% change in market value from 2017 to 2018,which is the city median change Market Value Homestead Taxing Before Value Taxable District $ Exclusion Exclutions Market Tax Gross Change Value Value Value Capacity Taxing in Taxes Actual Pay 2017 aYx + x rem @.09% (B12 x D) I rem @ 1.25% 9. Estimated Tax District rate as%of total rate: 10. 208,800 1 18,448 190,352 1,904 1,068.69 11. 99,300 28,303 70,997 710 398.60 12. 149,000 23,830 125,170 1,252 702.74 13. 248,300 14,893 233,407 2,334 1,310.41 14. 397,200 1,492 395,708 3,957 2,221.61 Proposed Pay 2018 Change Pay x + From Value Tax Levy X1.011 rem @.09% (1312 x D) I rem @ 1.25% (G)x% Increase Increase 18. Estimated Tax District rate as%of total rate: 19. E399,980 18,316 1.91,945 1,919 1,044.12 -24.56 -52.32 27.76 20. 28,240 71,755 718 390.32 -8.27 -18.44 10.17 21. 23,736 126,307 1,263 687.07 -15.67 -34.15 18.48 22. 14,737 235,302 2,353 1,279.97 -30.44 -64.47 34.03 23. 1,242 398,739 3,987 2,169.02 -52.59 -109.93 57.34 Percentage Change from 2017 to 2018 27. 0.7%1 0.8% 0:8% -2.3% 28. 0.7% 1.1% 1.1% -2.1% 29. 0.7% 0.9% 0.9% -2.2% 30. 0.7% 0.8% 0.8% -2.3% 31. 0.7% 0.8% 0.8% -2.4% Page 56 of 82 9/8/2017 Tax Impact Worksheet-8-24-17.xlsx TAX IMPACT WORKSHEET RESOLUTION #17-09- CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA A RESOLUTION APPROVING THE 2018 PROPOSED BUDGET AND GENERAL FUND LEVIES WHEREAS, the City Staff has prepared and submitted to the City Council it' s proposed budget for calendar year 2018; and, WHEREAS, the City Council for the City of Oak Park Heights has determined that the proposed budget as submitted by the City Staff is in the best interests of the citizens of the City of Oak Park Heights. NOW, THEREFORE, BE IT RESOLVED by the City Council for the City of Oak Park Heights as follows: 1. That the 2018 proposed budget is hereby approved as presented by City Administration in the total General Fund amount of $5, 808, 438 . 2 . That the City Administrator is hereby authorized and directed to certify to Washington County the Proposed General Fund levy for the City of Oak Park Heights for the calendar year 2017 in the amount of $5, 328, 501 , Passed by the City Council for the City of Oak Park Heights this 12th day of September 2017 . Mary McComber, Mayor Attest: Eric Johnson Administrator Page 57 of 82 THIS PAGE INTENTIONALLY LEFT BLANK Page 58 of 82 Wr- Oak Park Heights Request for Council Action Meeting Date September 12, 2017 Agenda Item Title Schedule Public Comment/Hearing meeting for Truth in Taxation Time Required 1 Minutes Agenda Placement New Business Originating Department/Requestor Finance-Betty Caruso, Finance Director Requester's Signature Action Requested: Set date and time for public comment/hearing for Truth in Taxation- December 12, 2017 at 6:00p.m at City Hall, 14168 Oak Park Blvd N. Background/Justification (Please indicate any previous action, financial implications including budget information and recommendations). All counties,school districts, cities over 500 population, and metropolitan special taxing districts are required to hold a single meeting in which the public is allowed to speak and the budget and levy is discussed. This meeting may be a part of a regularly scheduled meeting. The hearing must be between November 25 and December 28 and be held after 6:00 PM. If a regular meeting is not scheduled then it will be necessary to schedule a special meeting for this purpose. The meeting date does not need to be coordinated with the home county auditor to avoid conflicting with meetings occurring in overlapping taxing authorities. At the meeting in which the proposed levy is adopted,the City is required to announce the meeting time and location of the subsequent meeting at which the budget and levy will be discussed and at which the public will be allowed to speak. The time and place of the meeting must also be included in the summary of proceedings published in the official newspaper. The City must also provide the county auditor with the time and place of the public hearing at the same time the proposed levy is certified. The budget and levy must be discussed and the final levy determined at the TNT hearing. Council may adopt a final budget at this meeting, but is not required to do so. There is one regularly scheduled meeting between November 25 and December 28. The regularly scheduled meeting date is December 12.At prior meetings we have tentatively set the TNT hearing for December 12, 2017. At the TNT hearing we should adopt the budget and levy that night. If you wish to have a separate date for the adoption of the budget and levy,you will need to schedule a special hearing date for the TNT hearing or a subsequent adoption hearing. Recommendation: Formally set the TNT Public Hearing for December 12, 2017, 6:00 p.m. at the City Hall location. Page 59 of 82 THIS PAGE INTENTIONALLY LEFT BLANK Page 60 of 82 Oak Park Heights Request for Council Action Meeting Date: September 121h,2017 Agenda Item Title Water Main- Osgood Ave-re lacement—CSAH 24 roject 2018 Time Required 3 minutes X,7 Agenda Placement New Bus' ess Originating Department/Re esto • n Ci Administrator Requester's Signature Action Requested A rove A ent with STANTEC for water main desi —Osgood Ave. Background/Justification(Ple a indicate any previous action, financial implications including budget information and recommen ons). The City will likely be participating in a construction relationship with Washington County in 2018 for the Osgood Ave. CSAH 24 project.As part of that,the City does have a 45+/-year old (1968) CAST IRON water main located along the east side of Osgood Ave, lying south of 62"d Street that should be replaced with this project and while the roadway is open. STANEC has provided a proposal to undertake that work— including design, inspections and record plans for an estimated$44,450 to $48,100. The project itself could be in The $150,000 construction range and is planned to be an ALTERNATE in the County's bid package. All costs would be derived from the City Utility Renewal Replacement Fund. While this line has not experienced any service issues, STAFF does recommend replacement of this main due to its age, the fact that it is CAST IRON — not ductile and that roadway will be open — causing less neighborhood disturbance. Accordingly, the agreement as enclosed with STANTEC should be approved. Page 61 of 82 1 F -- �� IY RK r L N 77, w t°rte ` R � O C n C Q � 1 Siy�.` � • r _ i .. �. L S C C d _ xis •c + T �'.. I. '� f pF .: '�+ E-G. cc rA r ~ � �b �f•�, f � Liar � �,�• t �, ,^rY' "I fl' p � .o-''. `.1 �„a 1; T � . r pL +c I Q1 y 1 4 •� • s. • Y i i A. } { � ` � �1 EE - C E� {�-.�' ���� M•-,=r � '� �:lk E a .fir .ra TT W �g V au 1. � I r '�°•'— �1 Page 62 of 82 Stantec 2335 Highway 36 West,5t. Paul MN 55113819 DRAFT July 3,2017 File:193885119 Attention: Mr.Eric Johnson City of Oak Park Heights 14168 Oak Park Boulevard PO Box 2007 Oak Park Heights,MN 55082 Reference: Proposal for Engineering Services—CSAH 24 Water Main Reconstruction Dear Eric, Attached to this letter is a Scope of Services and Task Hour Budget Work Plan for Professional Services between the City of Oak Park Heights and Stantec Consulting Services Inc.for providing design,staking and construction observation and record plans for the for the City's water main reconstruction included in Washington County's CSAH 24 project. The proposed project tasks and estimated fees for each task are as follows: Task 1—Design $20,500 Task 2—Staking and Construction Observation $15,600-$19,000 Task 3—Record Plans $7,600 Expenses(mileage and pda_tmg) $750-$1000 Total Estimated Fee $44,450-$48,100 It is understood that the use of the overall budget to complete the overall project is not limited by the estimated task breakdowns above. This letter and the attached Scope of Services and Task Hour Budget Work Plan represent the understanding between the City and Stantec in respect to the Project and may only be modified in writing signed by both of us and is subject to the current Master Services Agreement between the City and Stantec. If this letter satisfactorily sets forth conditions of our Agreement,please sign in the space below and return one copy to our office.Thank you for the opportunity to provide these services. Design with community in mind Page 63 of 82 July 3,2017 Mr.Eric Johnson Page 2 of 2 Reference: Proposal for Engineering Services-CSAH 24 Water Main Reconstruction CITY OF OAK PARK HEIGHTS By Print Name and Title Date If you have any questions, need additional information, or wish to discuss this matter in greater detail, please contact me. Regards, STANTEC CONSULTING SERVICES INC. Lee M.Mann,P.E. City Engineer Phone:(651)604-4850 lee.mann@stantec.com Attachments c. file Design with community in mind Page 64 of 82 Stantec City of Oak Park Heights CSAH 24 Water Main-Scope of Services July 3,2017 Overview This scope of services includes providing design,staking and construction observation and record plan services for the water main portion of Washington County's CSAH 24 (Osgood Avenue) project. The project will remove and replace a section of the City's cast iron water main in Osgood Avenue that starts at the intersection of Osgood and 62nd Street then traverses approximately 710 to the south along Osgood Avenue. The following tasks would comprise the work needed to complete the engineering services for this project: Task 1 -Design This task includes one kick off meeting with the City, a preliminary survey,final design plan sheets for the water main,water main specifications and opinions of probable construction costs at 3017c, 60%and 90%plan milestones. It is understood that the final plan sheets and specifications for the water main work will be inserted into the County's overall plan set and project manual by Washington County,and bidding of the project will be performed by Washington County.This task includes a budget for one hour of answering questions from bidders regarding the water main. This task also includes three coordination meetings with County engineering staff.Any additional meetings requested by the City or County will be considered additional services. Task 2-Staking/Construction Observation This task starts with attendance at the preconstruction meeting for the project,scheduled and administered by Washington County. Stantec will provide construction survey staking for the water main only. Construction observation of the installation of the water main and re- connections to appurtenances will be provided at all times the contractor is present working on the City's water system. It is assumed that work on the system will take the equivalent of seven full working days (56 hours). The range of budget for this item allows for additional time beyond the 56 hours to manage and complete this construction,to take into account different installation rates related to different contractors. This task includes providing quantifies for the water main work to the County for payments to the contractor. It is assumed that City staff will distribute construction notices. Task 3-Record Plans This task includes the record plan survey for the water main,the water main record plan drawings and GIS updates of the reconstructed water main and related appurtenances to the City's water system basemap. Following is a breakdown of tasks and related hours. Page 65 of 82 PROJECT WORKPLAN(KEY TASKSISTAFFINGIBUDGET) CSAH 24 Water Main Replacement Jeremy Hauser Project No. City of Oak Park Heights Revised.: Reviewed by:Lee Mann Personnel CSM/ Design CAD Survey Field Field Admin Total Role/Responsibility: PM Engineer Tech Crew Su Ins GIS Hours Personnel Initials: LMM JGH GDS LJM KS CRW DE HourlyRates: $143 $139 $124 $200 $111 $97 $77 $115 $4 $0 $0 Tasks/Activities Hours Hours ours Hours Hours Hours Hours ours Hours ours Hours -.•: <, >'_ ,.e:-:..:_ Start date: End date: Total duration of this hale: Pro Ct Mana ement 6 1 7 Initial Kick ott Meetin with Ci Staff 1 2 2 2 6 PreAm Site Surve and Invest' ation 28 8 8 44 Goun Coordination Meetin 30/60/90 6 12 6 24 Construction Drawin S30/60/90 4 30 4 2 40 S kation Sections 4 4 2 10 O Inion of Probabb Construction Cost 30160/90 4 2 2 8 QA/QC 30/60/90 3 3 3 9 SubTotal ours :Z:130 30 28 29 10 4 0 0 0 0 148 Sub Total Cost $2,431 $4,170 $3,720 $5,600 $3,219 $970 $308 $0 $0 $0 $0 $20,418 REM Start date: End date: Total duration of this phase: P ct Mana ement 0 Id In ulries and Clarifications 0 pIdTo in 0 n and Recommendation 0 0 ours 0 0 0 0 0alduraU..fthi. 0 0 0 0 Sub Total Cost $0 $0 $0 $0 $0 $0 $0 $0 $0 Start date: End dare: phase: ProManagement 6 6 Preconstruction meeting 1 2 2 2 6 Construction Notices 1 5 Construction Observation and Documentation 2 12 70 onstruction Sure Stakin 8 24 82 P A AcationsJContract ModtFications 2 7 0 SubTotal Hours 8 4 8 241 17 3 0 1 0 0 0 1 126 Sub Total ost T,1,144 1 $556 $992 I,BB7 1 $6,014 231 0 0 ,624 Start date: End date: Total duration of thisphase: Record Plan Survey 16 16 Record Plans 2 16 4 8 30 Base Ma Updates 8 8 0 0 Sub Total Hours 0 2 16 16 4 8 0 B 0 0 0 54 Sub Total Cost $0 $278 $1,984 $3,200 $444 $776 $0 $920 $0 $0 $0 7,802 Expenses(mileage an printing) 45 ravel,accomodation 0 Unusual disbursements(models etc.) 0 Total Project Hours 274 Total Project Cost $44,389 Page 66 of 82 PROJECT WORKPLAN(KEY TASKS/STAFFINGIBUDGET) CSAH 24 Water Main Replacement Jeremy Hauser Project No. City of Oak Park Heights Revised.: Reviewed by:Lee Mann Personnel CSM./ Design CAD Survey Field Field Admin Total RolelRes onsibill : PM Engineer Tech Crew Sup Inspect GIS Hours Personnel Initials: LMM JGH GDS UM KS CRW DE Houlz Rates: $143 $139 $124. $200 $111 $97 $77 $115 $0 $0 $0. Tasks!Activities Hours ours ours Hours Hours Hours Hours Hours Hours Hours Hours Start date: End date: Total duration of thisphase: Pro Man. ement 6 1 7 Initial Ktck- Mae with City Stag 1 2 2 2 6 Prelim Site Survey and Investigation 28 8 8 44 County Coordination Meetings 30/60/90 6 12 6 24 Construction Drawings 30/60/90 4 30 4 2 40 Specification Sections 4 4 2 10 Opinion of Probable Construction Cost 30/60/90 4 2 2 8 OC 30/60190 3 1 3 311 9 SubTotal Hours 17 1 30 30 28 29 10 4 0 0 101 0 148 Sub Total Cost $2,431 1 $4,170 $3,720 55,600 53,219 $970 $308 $0 $0 1 $0 1 $0 $20,418 Start date: End ate: Total duration of thisphase: PBld Z an�;ement 0 rleClarifications 0 d n 0 Tabulation and Recommendation 0 0 41alHos 0 0 0 0 0 0 0 0 0 0 0 0 SO SO $0 $0 $0 50 $0 $0 $0 50 $0 SO Start data: End date: Total duration of this hase: anent 6 Meetin 1 2 2 2 6 otices 1 2 2 5 Construction Observation and Documentation 2 12 91 105 Construction Survey Staking 8 24 32 Pay Applicatlons/Contract Modifications 2 4 1 7 0 SubTotal Hours 8 4 8 24 17 3 0 0 0 0 101 Sub Total Cost w Rig Pi 11,144 55B 992 $9,409 231 $19,019 Start date: End date: Total duration of thisphase: Record Plan Survey 16 1 16 ecord Plans 2 16 4 8 30 Base Map Updates 8 8 0 0 Sub Total Hours 0 2 16 16 4 8 1 0 8 0 0 0 84 Sub Total Cost $0 $278 $1,984 $3,200 $444 5778 $0 5920 SO 0 $0 7,802 Expenses(mileage and printing ravel,accomodation ,0 Unusual disbursements(mode etc.) 0 Total Project Hours 309 Total Project Cost $48,039 Page 67 of 82 THIS PAGE INTENTIONALLY LEFT BLANK Page 68 of 82 Oak Park Heights Request for Council Action Meeting Date: September 12, 2017 Time Required: 5 min Agenda Item Title: Approve replacement----City Hall Location- Weather Siren Agenda Placement: New Business Originating Department/Requestor: Oak Park Heights Police Dept., Chief Brian DeRosier Requester's Signature Action Requested: Approve replacement City Hall Location- Weather Siren Background/Justification: This summer we had mechanical repairs done on the weather siren located at the city hall. The repair personnel said it was time to seriously think about replacing the siren at this location. It is very old and out dated technology. Actual purchase receipts were not found but this siren was pre-1995 when the first of the 3 additional sirens were installed. This siren by model and repair slips is estimated to be 30-40 yrs. +in age. It is the first siren installed in the city. They were able to repair it and it is not a=you must replace it, but given the condition and age they recommended replacing. They suggested replacement in the fall vs. waiting until it breaks or during next summer simply because there will be no "down"time. They are able to try do the replacement scheduling now before winter vs. trying to fit it in during the spring or summer when they become very busy with repairs. Nelcom is the contractor the city has used for installs and repairs since these sirens were first installed has provided a quote of$5,366.12 for labor and misc. materials. The physical siren is quoted by Federal Signal in the amount of$12,500. Page 69 of 82 QUOTATION rir FEDERAL SIGNAL CORPORATION Quotation No.:FWS 9117749 Federal Warning Systems Reference quote no.on your order Name City of Oak Park Heights Co.Name Police Chief Brian DeRosier N. . 91112017 Address 14168 Oak Park Boulevard N 'r`. Reference nr_ssm„ city,state,zip Oak Park Heights, MN 551782 CUSTOMER COPY Phone No. 651-439-4723 SALESPERSON COPY E-Mail bwderos(Mcityofoakdarkheights.com OFFICE COPY Sill Item Federal Net Cost No. Qty. Model/Part No. Description Each Total Cost 1 1 2001-130 130 db Rotating Mechanical Siren 2 1 DCFCBH DC Control/Baftery Cabinet/Charger/Two 3 48VDC Contactors/VHF Narrowband Receiver 4 NEMA Aluminum Cabinets 5 1 RP164/10A3 Ground Plane Antenna/25 ft Coaxial Cable 6 1 AMB-RP164 Antenna Mounting Bracket 7 1 MIS(. Shipping from Factory 8 1 TOTAL Equipment&Shipping $12,200.00 9 10 11 12 "Does not include removal of siren being replaced 13 or installation of new siren on Class 2 Wood Pole 14 with 4 Deep Cycle Batteries 15 16 OPTION 17 1 HTR4 4 Battery Warming Blankets $300.00 18 19 20 Prices are firm for 30 days from the date of quotation unless shown otherwise. Upon acceptance,prices are firm for (days 1 months). This quotation Is expressly subject to acceptance by Buyer of all Terns stated an the reverse side hereof,and any exception to or modification of such Terms shall not be binding on Seller unless expressly accepted in writing by an authorized t or Officer of Seller. Any order submitted to Seller on the basis set forth above,in whole.or in part,shall constitute an acceptance by Buyer of t Te on this a he rpverse side hereof. Any such order shall be subject to acceptance by Seller in.its discretion. If the total price for the Items et forth ve 044s 10,000 then this quotation IS ONLY VALID if countersigned below by a Regional Manager of the Signal Division,Federal Sig 1(torpors'oh. F.O.B. University Park,IL BY: s, v, i FM Site Representame EST.DEL.WT. ADDRESS: FeO�eamingSyste ms,Inc nc Avenue DELIVERY 6 w 8 Weeks (ARO) Rochester,MN 55904 TERMS NET 30 DAYS Equipment BY: Federal Sigel r Countersigned FREIGHT TERMS See Line Item Above TITLE: Purchase order MUST be made out to: Federal Signal Corporation,Federal Warning Systems,2645 Federal Signal Drive,University Park,IL 60484 Page 1 of 2 Page 70 of 82 NELCOM Corporation August 31, 2017 Police Chief Brian DeRosier Oak Park Heights, MN Re: Replacement of outdoor warning siren Dear Chief DeRosier, Nelcom is pleased to provide this quotation to remove the existing warning siren and install a new outdoor siren and activation controls. Our quote does not include the siren equipment itself as you will be receiving a quote for that material directly from the siren manufacturer. Our quote covers the removal of the old siren and installation of the new one on the existing utility pole. Material: Federal Signal 2001 siren head and controls to be supplied by others. Nelcom's quote includes deep cycle batteries,fittings, lags, straps, copper wiring and other associated mounting hardware. Labor: Remove existing siren head and controls. Dispose of same. Mount the new siren head, radio controls, decoder and cabinets using crane and bucket trucks. Install metal conduit and flex cable as appropriate between the various motors, contactors, disconnects and controls. Wire between all the components. Quote: $5,366.12 The quote also does not include meter fees, membership fees, building permits, right-of-way permits nor any other fees, licenses or taxes not already identified in this quote. Unlike like the existing siren, the new 2001 DC sirens will use deep-cycle batteries as the primary power so it can run even if commercial power is interrupted during a storm. Thank you for this opportunity and please feel free to contact me if there are any questions. Sincerely, Steven Nelson President— Nelcom Corporation 651-463-8111 Page 71 of 82 THIS PAGE INTENTIONALLY LEFT BLANK Page 72 of 82 0 Oak Park Heights Request for Council Action Meeting Date: Septemberijfl`,2017 Agenda Item Title Approve Appointment to Planning Commission Time Required 3 minutes Agenda Placement New Business Originating Department/Requestor: Eric Johnson, City Administrator Requester's Signature Action Requested Approve the Appointment of Planning Commissioner Background/Justification(Please indicate any previous action, financial implications including budget information and recommendations). Ms. Robin Anthony is unfortunately stepping down from the Planning Commission due anticipated scheduling conflicts and to respond to keeping a full Commission please recall that the Planning Commission did very recently seek residents from the City to serve to fill two recent vacancies. Five residents did submit applications and were interviewed by the Planning Commission on Aug 10th. The Commission did note that it appreciated all the applicants and found them all to be qualified to serve. On August 22nd 2017 the Council did appoint Ms. Jennifer Giovinazzo and Ms. Jennifer Van Dyke through May 31St, 2019 However, to address this new vacancy, the Council may appoint one of those persons not chosen in the earlier round or may re-open the application process. Again, all five persons were felt to be qualified. Based on some informal discussions with those persons who were in the interviews—however at this time Mr. David White of 14281 56th street is suggested to be appointed by the Council as this appointment will better spread the membership out across the City a bit more, see the attached map. If this were acceptable to the City Council, Staff would suggest that this appointment run through the planned expiration of Robin Anthony's 2nd full term culminating May 31st, 2018. Like all appointments, the Council should revisit the appointment at that time completion.As follows is an estimated term list if David White was approved. Estimated- Summary of Commissioner Terms: Jim Kremer Currently completing second full term,culminating May 31,2019. Timothy Freeman: Currently fuNliling first full term, culminating May 31,2020. Jennifer Giovinazzo: Currently fulfilling partial term, culminating May 31, 2019 Jennifer Van Dyke. Currently fulfiifing partial term,culminating May 31,2019 David White: Currently fulfilling partial term,culminating May 31,2018 Page 73 of 82 ■u�I rill©P 110 To it, Fill n1■■u■■ l—� c� t�r�iA©BP M �J 41°�■I 1■■ 11■■■I AEII� �n �[;:cis _ . 1 � I■C ■111111 De��'"�_� �= D +t '!� ��•mac C� �= � � ih � ©� o� .c ©SCI ■ ■ r 1©f]©DDD Illi 111 i1111l1■i �..,� i ��� c is I■ !t111U111�1©' � 11 ■111■�.�©�. ®i ® till^_ HF c.... jl Il r�■IIII■ ��® fl/1` ���e ■ ■■■!1111•.©©�■■'■ ■ � ' a�� ����c ■ ■rrrll■f®1 Il� d ■ fl �� ate. 1 ■■■rn■ d�� 1. ep nn�un pp r� I++ a IIIc■m E,. �F m uurrm © ow= QE=M mm MM lip . E�, 1 _ �� iaF��r��►.; ��IlfiQ 0 �������I►����L�lu�►i� ©rrErrrrr mE �� a MUM C'r pf"EEM IRS ,. ■■ VullfrU C/ duo i �oneool3e � David Matthew White 14281 56'h Street N Oak Park Heights,MN 55082 Objective To apply my knowledge and work experience serving my community. Summary of Qualifications • Substantial experience with city and county councils and commissions • Real estate development experience • Urban and regional planning background Relevant Experience 2017-Present RESOURCE,Inc. Government Grants Officer • Works closely with senior management and program directors to assess funding opportunities • Develops and submits government grant proposals • Coordinates and manages the work of outside grant contractors 2014-2017 Twin Cities Habitat for Humanity Public Funding,Grants,and Government Relations Program Manager • Identified funding opportunities and recommends development of projects or adjustment of project balance within the annual production portfolio to maximize funding • Acted as organizational expert on federal compliance,rules,and regulations • Managed annual$2 million to$3 million portfolio of public grants including grant writing and management,invoicing and accounts receivable functions,tracking and implementation of compliance requirements,as well as problem solving and negotiation around compliance 2013-2014 Habitat for Humanity of Minnesota Loan and Grant Program Assistant • Responsible for various aspects of the application,administration,and distribution of$5.1 million in loan and grant funding through state and federal programs • Provided regulatory compliance technical support to 32 Minnesota affiliates • Managed detailed program requirements,including tracking and reporting data and outcomes 2012-2013 Twin Cities Habitat for Humanity Public Funding and Government Relations Intern • Assisted with applications for and management of$2.45 million in in public grant funding • Analyzed and researched a variety of policies and funding sources • Streamlined data management and grant administration tracking Volunteer Experience 2014-Present Emerging Leaders in Community Development Treasurer • Joined in 2014,recruited as a Steering Committee member in 2015,elected Treasurer in 2016 • Helping to spearhead a diversity initiative and secured a$12,000 grant to fund the effort • Created new,formalized policies and procedures including a procurement policy and financial management procedures Education The University of Minnesota,Twin Cities 2013 Degree and Major: Master of Urban and Regional Planning Overall GPA: 3.5/4.0 The University of Tennessee,Knoxville 2011 Degree and Majors: Bachelor of Arts in Geography and Political Science Overall GPA: 3.7/4.0 Magna Cum Laude David White 1428156 'Street N Oak Park Heights,MN 55082 21 July 2017 Mayor Mary McComber City of Oak Park Heights 14168 Oak Park Boulevard P.O.Boz 2007 Oak Park Heights,MN 55082 Re:Planning Commissioner Application Dear Mayor McComber, I am very excited to be submitting my application for appointment to the City of Oak Park Heights Planning Commission.I have a master's degree in urban and regional planning from the University of Minnesota and five Years'experience working for the affordable housing developer,Habitat for Humanity.I bring a breadth of experience working with planning commissions,city councils,and county boards across the Twin Cities Metro Area. I recently began working in a new position as the government grants officer for RESOURCE,Inc.I am also currently serving as treasurer and executive steering committee member for the Metropolitan Consortium of Community Developers'Emerging Leaders in Community Development program.I have lived in Oak Park Heights for over two years,having previously lived in the Armatage and Whittier neighborhoods of Minneapolis,the Fountain City and Fort Sanders neighborhoods in Knoxville,as well as the Cordova community in Memphis.I am avid traveler and also regularly visit family in Dallas. Taken together,my work,education,and life experiences have exposed me to a wide array of community types and approaches to planning and development.My philosophy is that we should constantly strive for public-private cooperation and respect in achieving market-based solutions to planning and development questions.I believe that these factors and qualities would make me a valuable addition to our city's planning commission.As you review my application and resume,please do not hesitate to reach out to me with any questions.I look forward to hearing from city staff soon. Respectfully, 0� David White {e. PLEASE PROVIDE A SUMMARY OF WHY YOU WOULD LIKE TO BE APPOINTED TO THE OAK PARK HEIGHTS PLANNING COMMISSION. I view this opportunity as a way to put my work experience and education to use in my own community. I have sat across from planning commissions and city staff in numerous, diverse municipalities across the metro area. This experience has allowed me to observe what works well and what does not. It has also allowed me to see how planning commissions can help builders and developers move through the approval process and create a product that better balances business and community needs. i This is an exciting time for our city. As the housing market continues its recovery and the new St. Croix Crossing brings additional traffic and exposure to the MN-36 commercial corridor, new construction, rehabilitation, and redevelopment will bring opportunities and challenges for our community to address. I believe I have the knowledge, background, temperament, and commitment to help our community achieve the vision and ambition laid out in its comprehensive plan. IS THERE ANY OTHER INFORMATION YOU WOULD LIKE US TO CONSIDER REGARDING THIS APPOINTMENT? Please find my resume attached to this application. I recently accepted my current position as government grants officer for RESOURCE, Inc. after spending five years in various positions with Habitat for Humanity. I earned my master's degree in urban and regional planning from the University of Minnesota after earning my bachelor's degree in geography and political science from the University of Tennessee. While I am a relatively new Oak Park Heights resident when compared to many of my neighbors who have resided here for several decades, what I lack in longevity of s residency I make up for in the breadth and diversity of the communities I have lived in. I believe this exposure to a wide array of community types and political cultures will be a valuable asset to the city's planning commission. Please do not hesitate to reach out if you have any questions about my application. Please return to: Date Received: 21 - Julie Hultman (For office use only) City of Oak Park Heights 14168 Oak Park Boulevard PO Box 2007 Oak Park Heights, MN 55082 Page 77 of 82 PLANNING COMMISSIONER APPLICATION David White 07-20-2017 NAME DATE To provide the City Council with an understanding of you, your background and your interests, please answer the following questions. (You may attach an extra sheet if necessary.) 14281 56th Street N, Oak Park Heights, MN 55082 ADDRESS Personal: Work: PHONE E-MAIL HOW LONG HAVE YOU LIVED IN OAK PARK HEIGHTS? 2 Years OCCUPATION: Government Grants Officer EMPLOYER: RESOURCE, Inc. PHONE: (612) 752-8000 PRIOR EXPERIENCE ON CITY COMMISSIONS, CITY BOARDS, ETC. This would be my first experience sitting on a city commission or board. However, my current and past work positions have provided considerable experience with city and county council and commission meetings. I have presented information and proposals at numerous public meetings through my various roles securing public financing for nonprofit organizations. My previous work experience with Habitat for Humanity required me to participate in workshops with planning commissions and city staff across the metro area. My educational background in urban and regional planning has also equipped me with knowledge of regional and national trends in planning and development as well as general best practices regarding public hearings. Page 78 of 82 CITY OF Y OAK PARK HEIGHTS v; 14168 Oak Park Boulevard No. • P.O.Box 2007• Oak Park Heights.MN 55082-2007 • Phone:651/439-4439 • Fax:651/439-0574 August 4, 2017 David White 1428156th St. N. Oak Park Heights, MN 55082 Re: Planning Commission Interview Dear David: Thank you for your application to serve as a member of the Planning Commission. Interviews are being held by the Planning Commission on Thursday, August 10, 2017 at the Oak Park Heights City Hall. Your interview is scheduled for 6:30 p.m. You are being provided with an August 10, 2017 Planning Commission meeting packet for your review and use at the meeting. It is anticipated that the Commission will make an appointment recommendation at their meeting this same evening to forward to the City Council for their review and approval on August 22"a If you are unable to keep your appointment, please let me know immediately. Sincerely, PLANNING & CODE ENFORCEMENT Co-" Julieoultman Building Official Enclosure Tree City U S.A. Page 79 of 82 THIS PAGE INTENTIONALLY LEFT BLANK Page 80 of 82 inn_ Oak Park Heights Request for Council Action Meeting Date: September 12d',2017 Agenda Item Title Consider Council Teambuilding and Goal Setting Meetings Time Required 3 minutes Agenda Placement New Business Originating Department/Requestor: Mayor Mary McComber Requester's Signature Action Requested: Discussion and Possible Action. Background/Justification(Please indicate any previous action,financial implications including budget information and recommendations). I would like to have the Council consider scheduling two meetings prior to the end of 2017. 1. Hold a City Council Team-Building/Council Interaction meeting. This might be best served for Council membership only and is meant to further enhance internal dialogue,not necessarily for City Staff or Consultants. 2. As in previous years, schedule a goal setting meeting for 2018 items.This should include necessary Staff and/or Consultants. Page 81 of 82 THIS PAGE INTENTIONALLY LEFT BLANK Page 82 of 82