HomeMy WebLinkAbout08-24-10 Council Packet CITY OF OAK PARK HEIGHTS
TUESDAY, AUGUST 24, 2010
CITY COUNCIL MELTING AGENDA
7:00 P.M.
7:00 p.m. 1. Call to Orcler /Pled )c oi' Allct7iancelnnnr'oval of Agenda
EslimateCl - -
1 hues
7:00 p.m. 11. Closed Session
1 City C,OL11161 will go into closed session to discuss matter's in litigation witli the city attorneys relative to
the matter 01 County of W"rshington vs. City of Oak Park Heights District Court Mile No, 82- CV -10-
44198. Following the closed session for 1110 b0n0iit of the public legal counsel will summarize the discussion
or action that took place at the closed session.
7:15 1).m. 111. Demirtment /Council I.,iaison Renorts
A. Planning Commission
B. Parks Commission
C. Water Management Organizations
D. Other Liaison /Staff reports
1. Party in the Part: Update
2. Fall Clean -lip: September 25, 2010
7::30 p.m. IV. Visitor s /Public Comm em
A, Presentation by Ms. Elizabeth Welel .._ Coalition of Utility Cities (1)
13. Recycling Award (2)
This is an opportunity i01 the public to address the CbruiciI with questions or concerns on issues not part of
the re�ular agenda. (Please limit comments to 3 minutes in I01111(h.)
7:40 p.m. V. Consent Agenda (Roll Call Vote)
A. Approve Bills & Investments
B. Approve City Council Minutes --,July 27, 2010 (3)
C. Jorgenson C.`onstruction Inc. 14 Payment for New City Mall (4)
D. Approve Change Order No. I for Miller Excavating, Inc. 2010 Storm Sewer
Improvements (5)
E. Miller I3scavating, Inc. 2` Payment for 2 010 Storm Sewer Improvements (6)
7:45 p.m. VI. Public I
None
7:45 p.m. VII. Old I3trsiness
A. City Hall facility (no enclosure)
I3. Hearing to S17ow CaliSC', - -- Oak Park Witae & Spirits (7)
C. Discussion about Use of City "Trails /Roadways for Golf Carts and Other Mobility
Devices (8)
1). Social I - lost Ordinance (9)
Clarify Date anti "Time for Public I Iearing on Review of' Liquor, "Tobacco, and
Amusement License Fees (10)
Page 1 of 96
City Council Agenda
August 24, 2010
Page 2
5:00 p.m. VIII. New Business
A. Tobacco Compliance Violation — Walgreens (11)
13. Winter and Snow I- I'mergency Parking (12)
C. Carriage I Ionics Development —Tax Exempt Bond Request to Reduce Certain
City Fees (13)
D. Streetlight at Southwest Corner of 6V' Street and Oakgreen Avetnte (14)
1?. Oak Parr Heights City ]-Tall Dedication October 9, 2010 (15)
1 Create a Councilmember Workroom at City Hall (16)
8:30 p.m. VIII. Adiotarnnent
Page 2 of 96
Oak Park Heights
Request for Council Action
Meeting Date Tuesday. August 2 01. 2 0J.0.___--- --------
Time Required- 10 Minutes
Agenda Item Title: Presentation by Ms. Elizabeth Wefel — Coalition of Utility Cities
Agenda Placement Visitor / Presentations
Originating Department/R. or Eric Johnson, City Administrator
Requester's Signature ... .... . .... . ... ......
Action Requested See erlow
Bae'kgroiiiid/,Justi (lease indicate if any previous action has been taken or if
other public bodies have advised):
Ms. Elizabeth Wetel, Senior Attorney for Flaherty and Hood and who represents. the Coalition of
Utility Cities, will be present to give a presentation and update about Utility Property 'Faxes and
policy outlook for the next legislative session.
Page 3 of 96
This Page e Is Left Intentionally Blank.
ry
i
Page 4 of 96
Oalk Park Heights
Request for Council Action
Meeting Date Am)-ust 24, 2010
Agenda Item Recyj ng Award _ Time Required 0
. .......... . ...... -
Agenda Placement Visitors/Public Comment
Originating Department /Requester Administration/Jennifer Pins](I
Requester's Signature
..... ........... .
Action Requested ------------------ - - Receive Informatiop—.....—
------------------------- - - . . .............
13Lickgi-ouii(i/Jtistific,.itioii (Please indicate ally J)NViOUS aCOOII has been takeii or if other
public bodies have been advised).
Page 5of96
CITY OF
OAK PARK HEIGHTS
I 1 165 Oak Park Boaalevnid No. ^ P.0. Box 2007 ° Oak Park I1ei-hts, MN 5 5082 -20D7 Phone: 651/14:39-4 439 ° rax: 651/4:39.0574
August 19, 2010
Pat & Marie Foley
5872 Olene Avenue North
Oak Park Heights, MN 55082
Dear Pat & Marie:
Thank you for participating in the City's recycling program. As an incentive to
recycle and to increase fire prevention awareness, the City rewards two
residents each month with their choice of an award of $25.00 or a fire
extinguisher and /or smoke detectors),
Your residence was checked on Thursday, August 19, 2010, to determine if
you had your recycling bin out with your regular garbage. Your recycling was
out and ready for collection; therefore, you are one of this month's winners,
Please contact me at 409 -4489 at your convenience to arrange for delivery of
the reward of your choice.
On behalf of the Oak Park Heights City Council, thank you for participating in
the City's recycling program.
Congratulations!
Jennif ,
r Pinski •"
Administrative Secretary /Deputy Clerk
'free City U.S.A.
Page 6 of 96
CITY OF
OAK PARIS HEIGHTS
l:
14168 oak Farl< BOUT w IRI NO. ° 1'.0. 130x 2007 a Oak Park Heights, Ml\ 55082-2007 ° Phone: 651/439 -4439 ° Fax: (51/439 -0574
August 12, 2010
Pat Waldorf & Renee Edin
14881 55 Street North
Oak Park Heights, MN 55082
Dear Pat & Renee:
Thank you for participating in the City's recycling program. As an incentive to
recycle and to increase fire prevention awareness, the City rewards two
residents each month with their choice of an award of $25.00 or a fire
extinguisher and /or smoke detector(s).
Your residence was checked on Thursday, August 1.2, 2010, to determine if
you had your recycling bin out with your regular garbage. Your recycling was
out and ready for collection; therefore, you are one of this month's winners.
Please contact me at 430• -4430 at your convenience to arrange for delivery of
the reward of your choice.
On behalf of the Oak Park Heights City Council, thank you for participating in
the City's recycling program.
Congratulations?
Jennifer Pinski a
Administrative Secretary/ Deputy Clerk
Tree City U.S. A Page 7 of 96
This Page Is Left hitentlonally Blank.
jF5
l .
4 �1f�Yf:a.
I
I
Page 8 of 96
r � r
Oak PaR Heights
Request for Council Action
Meeting I.)ate August 24, 2010
Agenda Item Approve City Council Minutes - -- ,Idly 27, 2010
line Reg, 0
Agenda Placement (Insert
06ginating) I)el)ai•tiilent /Requcstor . _ ^ Administration /.iennifer Pinski
Requester's Signature
Action lZequestcd .............._ Api�rcwe.. ............................._.
I3aci.groutld /.lustitication (Please indicate any previous Diction has been taken or if ether public:
bodies have been advised).
See attachcd minutes.
Page 9096
CITY OF OAK PARK HEIGHTS
TUESDAY, JULY 27, 2010
CITY COUNCIL MEETING MINUTES
ES
le Call to Order /Pledge of Alleaianee /Amwoval of Agenda: 'T'he meeting was
called to order at 7:23 p.n1. by Mayor Beaudet, Present: Counciln1embers
Abrahamson, McComber, Runk, and Swenson. Stallpresent: City Administrator
Johnson, City Attorney Vierlirlg. Finance Director Ilolst, City Engineer I.,ong, and
City Planner Richards, Absent: None.
Mayor Beaudet removed Old Business Item C and added "Approve 2010 Cab
Licenses for American Safc & Sober "Transit" as Consent Agenda Item F and
"Yellow Ribbon Work Plan Approval" as Old Business Item I).
Councilnlernber McCo111ber, seconded by Councilmember Abrahamson, moved
to approve the Agenda as amended. Carried 5
fro Department /Council Liaison Reports:
A. Plannill (ommissic�n; City Planner Richards reporte that the last
meeting ofthe Planning Commission was held on July 15 and they had a
public hearing on White Castle, lie reported that the next meeting was Set
I'm August 12.
R. Parks Commission: C:ouncilnlember McComber reported that the July
Parks Commission meeting was cancelled. She stated the next Meeting
would be Held on Monday, August 16 at 6:30 p.m. McComber also
reported that a Movie in the Parr event Nvas scheduled for July 29 at
Autumn Hills Park part of the CltV S1.1111114e1 program.
C. Water Manaocinent Or�-)anizations /Middle St. Croix: Mayor Beaudet
reported that the next sleeting of the Middle St. Croix Watershed
Managen1cnt OrVanization was scheduled for August 12 at 7:00 p.m. at
the Washington Conservation District Office,
D. Other Liaison /Staff Retaorts: Councilmember McComber reported she
attended the League of Minnesota Cities Improving. Service Delivery
sleeting and the Metro Cities Transportation and Municipal Revenues
meeting. She reported that the water quality committee meeting for the St.
Croix River Crossing was upcoming. She stated she would leave
information with City Administrator Johnson for the council to view.
Mayor Beaudet r'epor'ted that Party in the Palk Nvas scheduled 161 August 3
from 5:00 p.m. to 7.00 p.n1. at Br'ekke Park. I le also reported that the
demand at the area food shelf was high and encouraged residents to make
Page 10 of 96
City Council Meeting Minutes
July 27, 2010
Page 2 of 4
donations. Beaudet also reported that fall Clean - up was scheduled for
September 25 from 7:30 a.m. to 1:00 p.m.
Councilmember McComber reported that the Veteran's Cruise was
scheduled for Monday, August 16 aboard the Andiamo. She directed
those interested to visit the Stillwater Veteran's website for tickets.
Ill. Visitors /Public Comment:
Visitors: Representative Julic Bunn and Senator Kathy Saltrmann were present
and provided updates From the Icgislative session.
Reeyclim- Award: Administrative Secretary Pinski reported that Lucy and Irwin
"Turner of 5714 Penrose Avenue North and James Link of 5623 0 "Brien Avenue
North were chosen as the recycling award winners for the month of'July.
IV. Consent Abend a:
A. Approve Bills Investments
11, Approve City Council Minl:tes - -.tune 22, 2010
C. Approve Resolution Granting; the Application of the American Cancer
Society to Conduct a Onc - day Raffle at the Stillwater Area high School
on August 7, 2010
D. Jorgenson Construction Inc. 13' Payment 1 - or New City I ]all Project
I�.. Approve Contract Amendments City Administrator
F. Approve 2010 Cab Licenses for American Safe & Sober 'Transit
Councilmcmber Swenson, seconded by Councilmember Runk, moved to approve
the Consent agenda. Roll call vote taken. Carried 5 -0.
V. Public fleaa-in(s:
None
V1. Old Business:
A. City I -lall facility: Mayor Beaudet, seconded by Councilmember Swenson,
moved to approve IR numbers 58, 59, and 60. Carried 5 -0.
B. Reschedule August 10, 2010 Bud -et Workshot): Mayor I3eaudet, seconded
by Councilmember Swenson, moved to schedule the first budget
worksession Ivor August 16, 2010, at 4:30 p.m, and to start the Parks
Commission meeting at 7:00 p.m. on that date. Carried 5 -0.
C. RE1i110I /ED T I?OM AGENDA
Page 11 of 96
City Council Meeting Minutes
July 27, 2010
Page 3 of 4
D. Yellow Ribbon Work flan Approval: Mayor Beaudet, seconded by
Councilmember Runic, moved to approve the plan as presented. Carried
5 -0.
Co tine] lmembe Abrahamson., seconded by Councilmember Swenson,
moved to designate Councilmember McComber to attend the recognition
in September. Carried 5 -0.
VIL New Business:
A. W hite Cas P Unit Development (PI. D) General flan Anproval,
Conditional Use Permit, Site ]']an and Des4,)n Standards Review, G0�
Str N orth Bet N orwich and Novak Avenue North: City Planner
Richards reviewed his planning report. Craig I:ilers of White Castle
provided council Nvith pictures and building material samples. lie reported
that White Castle has agreed to remove the white stripes on the awnings as
requested by the Planning Commission, and they agreed to the bronze
lighting aild eliminating one parking, space.
Coy €ncilmcmber McComber, seconded by C'ouncihnerllber Swenson,
moved to approve the Resolution.
Mayor Beaudet, seconded by Councilmerliber Abrahamson, moved to
amend the Resolution that drainage plans be forwarded to Brown's Creel:
because they are the agency in charge. Carried 5 -0.
Mayor Beaudet, seconded by Councilmember Abrahamson, moved to
amend that the City Attorrscy, City Planner, and applicant work on agreed
upon conditions for number 10 of the Resolution and add language to
number 10 that if the work is not completed within 18 months of vacancy,
the. City would have access to do the work and would special assess the
owner. Carried 4 -I, runic opposed.
On main unotion, roll call vote taken. Carried 5 -0.
B. Set Public Hearin€? Date for Review of Liquor. Tobacco, and Amusement
License laces: Councilmember McComber, seconded by Mayor Beaudet,
moved to seta public hearing for September 7, Carried 5 -0.
C. Anproval to Send Out Rl for Bond Counsel and Em)ineerim), firms:
City Administrator Johnson reported that at the City Council's spring
retreat, the council discussed going out for proposal requests for an
engineering firm, and because there was a conflict of interest, the council
could consider going out for proposal requests for bond counsel is well.
Page 12 of 96
City Council Meeting Minutes
.Daly 27, 2010
Page 4 of 4
Councilinember Abrahamson, seconded by Councilmembor McComber,
moved to send out requests for proposals for bond counsel.
Mayor Beaudet, seconded by Councilmember MCConiber, moved to
amend to obtain up to three proposals. Carried 5 -0.
Main motion carried 5 -0.
Councihnembcr Swenson, seconded by Mayor Beaudet, moved to
authorize send out requests for proposals for up to thrive engineering firms.
Carried 5 -0.
I:). Approve 2010— 2011 Recycling Grant Agreement Nvith Washington
County Councilmember McComber, seconded by Councilmember Rulik,
moved to approve the agreement.
Mayor Beaudet, seconded by Councilmember Abrahamson, moved to
amend that the inayor and administrator sig n tl�c agreement, Carried 5 -0.
Main motion carried 5 -0,
Vill. Adjournment
Councilmember McComber— seconded by Mayor Beaudet, moved to adjourn at
8:21 p.m.
Respectfully submitted, Approved as to Content and Dorm,
.lennii'er Pinsk) David Beaudet
Administrative Secretary /Deputy Clerk Mayor
Page 13 of 96
This Page is Left Intentionally blank.
Page 14 of 96
I
Oak Park Heights
Request for Council Action
Meeting Date Au Rust 24, 201.0
Agenda Item Title Jorgenson Construction Inc. Id-th Pavment for New City Hall
Project
Agenda Placement Consent
Originating Department/ Requestor Finance -,Judy I-iolst, Deputy Clerk/ Finance
Director rr
Requester's Signature
Action Requested Approve 14th payment request. to Jorgenson Construction Inc.
for the new City Hall project
Background /Justification (Please indicate any previous action, financial
implications including budget information and recommendations).
See; attached memo and pay request.
Page 15 of 96
`J
A-
Memo
To: Mayor and Council
From: Judy 11olst, Deputy Clerk/Finance Director
Date: August 20, 2010
Re: New City Hall Project
Please accept for the August 24th Council meeting agenda the attached
request for payment to Jorgenson Construction Inc. in the amount of
$152,095.00 for the Oak Park Heights City Hall project. 'Fhe payment has
been approved by the architect, administration and reviewed by the Finance
Department. 'The project is 98% complete. The Finance Department
recommends approval of this payment upon receipt of the lien waiver.
Thank You
Page 16 of 96
APPLICATION AND CERTIFICATE FOR PAYMENT (AIA DOC1lMENT 0702)
CUS'T: CITY OF OAK PARK HEIGHTS JOD:OAK PARK HEIGHTS CITY HALL APPLICATION N0: 14 Page: 1
14168 OAK PARK BLVD NORTH 14168 OAK PARK 13LVD NORTH PERIOD ENDING : 07/31/10
OAK PARK HEIGHTS, MN 55082
OAK PARK HEIGHTS, MN 55082
FROM: JORGENSON CONSTRUCTION INC. ARCHITECT:BUETOW & ASSOCIATES CONTRACT NO:
9255 EAST RIVER ROAD NW 2345 RICE STREET, SUITE 210 CONTRACT DATE: 04/15/09
COON RAPIDS, MN 55433 -5722 ROSEVILLE MN 55113
JOB DESCRIPTION: GENERAL CONSTRUCTION OF CITY HALL
---------------------------------------------------... w - __ ---- _ -- - -- _° . _ -. __ -- ----------------- _ -- ----- - - - ---
1 CHANGE ORDERH I
-----------------------------------------------------
1 ADDITIONS I DEDUCTIONS I ORIGINAL CONTRACT AMOUNT ............................. $ 6,358,500,00
I I 1 1 TOTAL CHANGE ORDER AMOUNT ........... ................. $ 34,707.00
I PREVIOUS TOTAL 1 47,705.00 1 12,035.00 1 TOTAL CONTRACT INCLUDING CHANGE ORDERS ............... $ 6,393,207.00
1 -------------------------------------------------------- $
AMOUNT COMPLETED G STORED TO DATE .................... $ 6,250,767.00
RETAINAGE - 5.00% OF WORK COMPLETED ................ $ 312,538.00
1 Number Date 1 I I 5.00% OF STORED MATERIAL
------------------------ I COMPLETED TO DATE LESS RETAINAGE ....... .............. $ 5,9313,229.00
I 7 07/31/10 E I 963.00 1
I 1 I I PREVIOUS AMOUNT BILLED. . . ..................... 5,786,134.00
CURRENT AMOUNT DUE .... ............................... $ 152,095.00
i I E 31ALANC:R TO FINISH, INCLUDING RETAINAGE ............... $ 4'54, 9 0
I I 1 1
I TOTALS TO DATE 1 4'1,'105.00 1 12,998.00 1
I --------------------------------------------------- - - - - ------ - I
I NET AMOUNT 1 34,707,00 1
--._ __--- _ „-- _ __-- _..____ ___ - ___
The undersigned Contract-ox certifies that to the best of State of: Minnesota County of: Anoka y,
the Contractor's knowledge, information and belie£ the Subscribed and sworn to before me this 11 t hday
Work covered by the Application for Payment has been com- of Auqu 2010,
pleted in accordance with the Contract Documents, that all
amounts have been paid by the Contractor Star Work for Notary Public: / ������ %'� � �.�•�(�'� Z.'t
which previous Certificates for Payment were issued and l
payments received from the Owner, and that current payment My Commission expires: January 31, 2015
shown herein is now due. ^��.1�A �1nn�
p
CONT"CTOR: JORGI�NSON CONSTRUCTION INC. CYN 11 f1+'� C r WT Ir
�. `. NVARY PUBLIC- MMNESOTA
GWMjk&h E X O rg o J 1, 2015
HY : -_ l l �/,'v� r DATE: 08/11 / 10 H1y
_ _____ _____ __._ - ---- ------------------------------------------------------------
ARCHITECT'S FOR PAYMENT AMOUNT CERTIFIED ............................. $ �i C> q 3r� 00
In accordance with the Contract Documents, based on on -site {Attach explanation if amount certified differs from the amount
observations and the data comprising the above application, applied for)
the Architect certifies to the Owner that to the best of the
Architect's knowledge, information and belief the Work has ARCHITECT:�[f�� {�
progressed as indicated, the quality of the Work is in r y 7 � r
accordance with the Contract Documents, and the Contractor BY: Date:
is entitled to payment of the AMOUNT CERTIFIED. This Certificate is not negotiable. The AMOUNT CERTIFIED is payable
only to the Contractor named herein. Issuance, payment and accep-
tance of payment are without prejudice to any rights of the Owner or
Contractor under this Contract.
Page 17 of 96
Sob Number: 4770 OAK PARK HEIGHTS CITY BALL Application No.: 14 Period FromT 07/01/10 Page Nuumber 2
Project #f : invoice Number : 16657 Thxu: 0'7/31/10
-- - -WORT( COMPLETED -- ---- COMPLETED
ITEM SCHEDULED PREVIOUS THIS STORED AND STORED BALANCE
NUMBER DESCRIPTION OF WORK VALUE APPLICATION PERIOD 14ATERIALS TO DATE € TO FINISH RETAINAGE
----____.._------------------------------°°______..__--------------------------------------------------- ----- ___--- -- ------- _- ____ -- -_
OS BONDS /INSURANCE /LICENSE /NPDES (38,000.00 68,000.00 .00 100 68,000.00 100 .00 3,400.00
02 MOBILIZATION 5,000.00 5,000.00 .DO .00 5,000.00 100 .00 250.00
03 SURVEYING 10,500.00 8,500.00 2,000.00 .00 10,500.00 100 .00 525.00
04 SUPERVISION 125,000.00 114,000.09 5,500.00 ' 00 119,500.00 96 5,500.00 5,975.00
05 CONSTRUCTION DU14PSTERS 18,000.00 16,750.00 600.00 .00 17,350.00 96 650.00 867.50
06 CONSTRUCTION CLEANUP 5,500.00 4,500.00 500.00 .00 5,000.00 91 500.00 250.00
07 FINAL CLEANING 6,500.00 6,500.00 OD .00 6,500.00 100 100 325.90
08 SAFETY 6,000.00 5,000.00 500.00 .00 5,500.00 92 500.00 275.00
09 CONSTRUCTION SIGNAGE 2,500.00 2,500.00 .00 .00 2,500.00 100 .00 125.00
10 CONSTRUCTION /MOBILE Pf30NES 3,000.00 2,480.00 260.00 100 2,740.00 91 260.00 137.00
11 CONSTRUCTION /STORAGE TRAILERS 4,500.00 3,710.00 400.00 .00 4,110.00 91 390.00 205.50
3.2 CONSTRUCTION TOILET 4,000.00 3,325.00 375.00 .00 3,700.00 93 300.00 185.00
13 CONSTRUCTION VL:NCE 15,000.00 15,000.00 .00 .00 15,000.00 100 .00 750.00
14 TOOLS /FASTENERS /EQUIPMEN'T' 3,500.00 3,000.00 250.00 .00 3,250.00 93 250.00 162.50
15 RENTAL EQUIPMENT 5,000.00 4,500.00 250.00 .00 4,750.00 95 250.00 237.50
16 TEMPORARY ENCLOSURES 4,000.00 4,000.00 .00 .00 4,000.00 100 .00 200.00
17 TEMPORARY ELECTRIC 6,000.00 5,050.00 600.00 .00 5,650.00 94 350.00 282.50
28 TEMPORARY HEAT 38,000.00 38,000.00 .00 .00 38,000.00 100 .00 1,900.00
19 STREET CLEANING /SNOW REMOVAT, 3,500.00 3,000.00 250.00 .00 3,250.00 93 250.00 162.50
20 SELECTIVE DEMOLITION 1'5,000.00 15,000.00 .00 .00 15,000.00 100 .00 '750.00
21 SITE CLEAR /EY.0 /DitN7'I LE /EftOSIOIi 190,815.00 17x,176.00 10,000.00 .00 3.85,1'76.00 97 5,639.00 9,258.80
22 CONTROL /SITE U3RIL. /AGG BASE .00 .00 .00 .00 ' 00 0 .00 .00
23 ASPI3AI,'T PAVING /$TRIPE /41HL STOP 73,802.00 2,000.00 34,000.00 100 36,000.00 49 3'7,802.00 1,800.00
24 CURB & GUTTER 23,607.00 5,600.00 18,00'7,00 .00 23,607.00 100 .00 3- ,180.35
25 EXTERIOR SIGNS 2,701.00 .00 .00 .00 .DO 0 2,701,00 .00
26 RETAINING WALL 4'7,225.00 4'7,225.OD .00 .00 47,225.00 100 .00 2,361.25
27 IRRIGATION 6,920.00 .00 .tl0 .00 .00 0 6,920.00 .00
28 LANDSCAPING 35,800.00 7,'77 p, 00 5,'100.00 .00 13,470.00 38 22,330.00 673.50
29 PLASTIC FENCES /GATES 43,682.00 .00 .06 .00 .00 0 43,682.00 .00
30 CONCRETE /MASONRY REINFORCEMENT 36,023.00 36,023.00 .00 .00 36,023.00 100 .00 1,801.15
31 CONCRETE FOOTINGS 39,341.00 39,341.00 .00 .00 39,341.00 100 ,00 1,967.05
32 CONCRETE POUNDATIO14S 164,752.00 164,752.00 .00 .00 164,752.00 100 .00 8,237.60
33 CONCRETE FLOORS /TOPPINGS 83,862,00 83,862,00 .00 .00 83,862.00 100 100 4,193.10
34 CONCRETE - SITE 27,709.00 17,955.00 9,754.00 .00 2'7,'709.00 100 .00 1,385.45
35 PRECAST PLANIt 105,57.0.00 105,520.00 .00 .00 105,520.00 100 .00 5,276.00
35 I4ASONRY /GLASS MASON /CAST STONE 747,13"7,00 '137,699.00 9,438.00 .00 747,137.00 100 .00 37,356.85
37 STEEL JOIST /DECK /MISC - MATERIAL 178,750.00 177,750.00 .00 .00 177,750.00 99 1,000.00 8,88'1.50
38 STEEL JOIST /DECK /MISC- EREC'T'ION 59,000.00 57,310.00 .00 .00 57,310.00 97 1,690.00 2,865.50
39 ROUGH CARPENTRY/ SIIEATNING 55,000.00 53,000.00 2,900.00 .00 55,000.00 100 .00 2,750.00
40 CASEWORK /SOLID SURFACE /FRP -M 95,868,00 92,568.00 3,300.00 .00 95,868.00 100 100 4,793.40
41 CASEWORK /SOLID SURFACE /FRP-L 24,000.00 23,750.00 .00 .00 23,750.00 99 250.00 1,187.50
42 FLUID APPLIED VAPOR BARRIER 23,340.00 23,340.00 .00 .00 23,340.00 100 .00 1,167.00
43 WATERPROOFING 25,260.00 25,260.00 .00 .00 25,260.00 100 .00 1,263.00
44 SPRAYED INSULATION 15,200.00 15,200.00 .00 .00 15,200.00 100 .00 760.00
45 META& ROOF PANELS /NAIL. INSUL, 165,057.00 165,057.00 .00 .00 165,057.00 100 .DO 8,252.85
46 BUILT -UP ROOF/SHEET 14TL FLASH 108,813.00 83,717.00 25,096.00 .00 108,813.00 100 .00 5,440.65
47 FIRES'TOPPING 4,400.00 4,400.00 .00 ,00 4,400.00 100 .00 220.00
48 JOINT SEALANTS 15,100.00 14,522.00 578.00 .00 15,100.00 100 100 755.00
49 BM FRMS /DRS /WOOD DRS /HDW -M 113,750.00 113,750.00 .00 .00 113,750.00 100 .00 5,687.50
50 NM FRMS /DRS /WOOD DRS /IIDW -L 39,125.00 39,125.00 .00 .00 39,125.00 100 .00 1,956.25
51 ACCESS DOORS & FRA14ES 1,000.00 1,000.00 .00 .00 1,000.00 100 .00 50.00
52 COILING WOOD DOOR 9,984.00 9,984.00 .00 .00 9,984.00 100 100 499.20
53 SECTIONAL DOORS 29,218.00 23,218.00 .00 100 23,218.00 100 .00 1,160.90
54 WOOD WINDOWS 59,500.00 59,500.00 .00 .00 59,500.00 100 ,00 2,975.00
55 ALUM CRTNWALL /WND14S /SXYLTS /GLZ 284,466.00 284,466.00 .00 .00 284,466.00 100 .00 14,223.30
56 AUTO DOOR OPERATORS 3,345.00 3,345.00 .00 .00 3,345.00 100 Pageol8 of9.67.25
Job Number: 4770 OAK PARK HEIGHTS CITY HALL Applioation No.: 14 Period From: 97101/10 Page Number 3
Project # Invoice Number : 16657 T'thru: 07/31/10
- -- -WORE COMPLETED - ----- COMPLETED
ITV14 SCHEDULED PREVIOUS THIS STORED AND STORED BALANCE
NUDt13ER DESCRIPTION OF V70RK VALUE APPLICATION PERIOD MATERIALS TO DATE $ TO FINISH RETAINAGE
---- ------ --------- ---- --- - - - - -- .-.__.-_.-°_-------------------_----_---.... w..---.--------------_-------------_--------------------__-
57 GYPSUM DRYWALL /PLASTERING 177,537.00 177,537.00 .00 .00 177,537.00 100 .00 8,876.85
58 CERAMIC TILE 16,200.00 16,200.00 ,00 .00 16,200.00 100 .00 810.00
59 ACOUSTICAL & WOOD CEILINGS 52,670.00 52,670,00 .00 .00 52,679.00 100 .00 2,633.50
60 RESILIENT FLOORING /CARPET 77,995.00 77,995.00 .00 • 00 77,995.00 100 .00 3,899.75
61 PAINTING /STAINING /WALLCOVFRING 66,250.00 62,250.00 .00 .00 62,250.00 94 4,000.00 3,112.50
62 FABRIC WRAPPED PANELS 7,665.00 7,665.00 .00 .00 7,665.00 100 .00 383.25
63 VISUAL DISPLAY SURFACES '1,000.00 7,000.00 .00 .00 7,000.00 100 .00 350.00
64 SIGNAGE 6,162.00 6,162.00 .00 .00 6,162.00 100 • 00 308.10
65 'TOILET C014PARTMENTS 2,831.00 2,831.00 .00 .00 2,831.00 100 .00 141.55
66 WALL /CORNER GUARDS 1,000.00 1,000.00 .00 .00 1,000.00 100 .00 50.00
67 TOILET ACCESSORIES 10,517.00 10,517.00 .00 100 10,517.00 100 .00 525.85
68 FIRE EXTIIEGUISH£RS 3,704.00 3,704.00 .00 .00 3,704,00 100 .00 185.20
69 METAL LOCKERS 2,850.00 2,850.00 .00 .00 2,850.00 100 .00 142.50
70 POSTAL SPECIALTIES 1,214.00 1,214.00 .00 • 00 1,214.00 100 .00 60.70
'71 STORAGE ASSEMBLIES 1{1,066.00 18,066.00 .00 .00 18,066.00 100 .00 903.30
72 EXTERIOR SUN CONTROL DEVICES 12,500.00 1.2,500.00 .00 .00 12,500.00 100 .00 625.00
'73 CANOPIES 12,500.00 10,500.00 .00 .00 10,500.00 84 2,000.00 525.00
74 LLAGPOLES 2,200.00 2,200.00 .00 .00 2,200.00 190 .00 110.00
'15 PROJECTION SCREENS 2,815.00 2,815.00 .00 100 2,815.00 100 .00 140,75
76 DETENTION EQUIPMENT 26,667.00 26,667.00 .00 • 00 26,667.00 100 .00 1,333.35
77 EXHIBIT EQUTPI4ENT 6,000.00 6,000.09 .00 .00 G,000.00 100 100 300.00
78 WALL & CORNER PADS 5,885.00 5,885.00 .00 .00 5,885.00 100 .00 294.25
'79 HORIZONTAL LOUVER BLINDS 4,000.00 4,000.00 .00 .00 4,000.00 100 .00 200.00
80 ENTRANCE FLOOR GRILLPS 3,850.00 3,850.00 .00 .00 3,850.00 1.00 .00 192.50
al HYDRAULIC ELEVATORS 54,899.00 54,899.0 .00 .00 54,899.00 100 .00 2,744.95
82 MECHANICAL- PWJWlING 6 PIPING 603,900.00 600,5'74.00 2,426.00 .00 603,000.00 100 .00 30,150.00
83 M.CHANI CAL- 11VAC -TEMP CONTROLS 405,000.00 403,991.00 .00 .00 403,991.00 100 1,009.00 20,7.99.55
84 GEOT11EI414AL GROUND LOOP 185,500.00 164,467.00 21,033.00 .00 185,500.00 100 .00 9,275.00
85 FIRE PROTECTION 56,532.00 56,532.00 .00 100 56,532.00 100 .00 2,826.60
86 ELECTRICAL• - GENERAL CONDITIONS '72,000.00 72,000.00 .00 .00 "72,000.00 100 100 3,600.00
8'7 ELECTRICAL - FIXTURES & LAMPS 25x,000.00 251,000.00 4,000.00 .00 255,000.00 100 .00 12,750.00
88 ELECTRICAL -GEAR & FUSES 77,000.00 77,000.00 .00 .00 77,000.00 100 .00 3,850.00
89 ELECTRICAL-EMERGENCY GENERATOR 87,300.00 87,300.00 .00 .00 67,300.00 100 .00 4,365.00
90 ELECTRICAL - BRANCH CIRCUITS 358,860.00 358,860.00 .00 .00 358,860.00 100 .00 17,943.00
91 ELECTRICAL- LIGHTNING PROTECT, 10,000.00 10,000.00 .00 .00 10,000.00 100 .00 500.00
92 LOW VOLTAGE 171,000.00 171,009.00 .00 .00 171,000.00 100 .00 8,550.00
93 PROFIT /OVERHEAD 217.,759.00 204,296.00 4,246.00 .00 208,542.00 98 4,217.00 10,426.75
CO III MISC. CHANGES 37,435.00 37,435.00 .00 .00 37,435.00 100 .00 1,871.75
CO 02 MISC. CHANGES .00 .00 .00 • 00 .00 100 .09 .00
CO #3 MISC. CHANGES 12,035.00- 12,035.00- .00 .00 12,035.00- 100 100 601, -
CO 04 MISC. CHANGES 224,00 224.00 .00 .00 224.00 100 .00 11.20
CO #5 MISC. CHANGES 5,823.00 5,823.00 .00 .00 5,823.00 100 .00 291.15
CO #6 141SC. CHANGES 4,223.00 4,223.00 .00 .00 4,223.00 100 100 211,15
CO #7 MISC. CHANGES 963.00- .00 963.00- .00 963.00- 100 • 00 48.15 -
J o b T o t a l s 6393207,00 6090667.00 160,100.00 .00 6250767.00 98 142,440.00 312538.00
Page 19 of 96
This Page Is Le Intentionally Blank.
Page 20 am
Oak Park Heights
Request for Council Action
Meeting Date August 24, 2010
Agenda Item Title Approve Change Order No. I for Millar Exeavatine�, Inc. 2010
Storm Sewer Improvements
Agenda Placement Consent
Originating Department/ Requestor Finance - Judv Holst, Deputv Clerk / Finance
Director
Requester's Signature -c J._
Action Requested Approve chanRc order #1 for Miller Excavatin4, Inc. 2010 Storm
Sewer Improvements
Background /Justification (Please; indicate any previous action, financial
implications including budget: information and recommendations).
Change order No. 1 provides for compensation to Miller Excavating, Inc. for the
restoration of the drainage Swale and turf reinforcement mat following the rain
events incurred the morning after sod installation.
Page 21 of 96
-- ---- " ' ' - ' O - 1 -
Ag, v�lncl : C ity of 1 11-1 Park H
P. 0. Box 1 - LeL Is
)8 D�"i'.e Auoust 1.9, M10
Bonestroo 2 �!D` c 1 x( �svLl tjl uf".-I t!aq rp i lj\�, 5Li I lvv a te r, 1\1 N 5508
Hand Co.: (Amite 1901 Qtiai! 731-,.)- Bond i o 10
q GRMN3 61 A
0 py ;
CHANGE ORDER NO, I
2010 STORM Sr.Wl IMPROMIFNI'S
00005
DescriDtion of Work
Thl Change Ckder prov[des for cornliensation to the Conh for the ruLumHun of the drainage swat and turf'
i5nMemmA aot Rdhwing the rain evults inctured the Inoining after scx installation.
QBr it z E c "': Unit Mal
p4c, Mem uns AMOM
- ------ .... . ... . ..... ------ --------- ---- - ----- ---- --------------
CHANGE
I DRMNAGE SWALE RESTMATIM K 11394 25
""OTAf
-CHANGF,0RIDFRtq0,
Page 22 of 96
Original Conti A�rnoui t $54,637,50
Previous Change, Orden w >0,00
This Change Order $1,394.25
Revised Contract AMOUF)t (including this change order') $56,031.75
CHANGE IN (101 1"IMES
Original Contract Times:
Substantial Completion (days or date),
Ready for final Payi - nent. (day oi date):
Increase of this Change Order
Substantial Completion (days or di.
Ready for final Flayrnent (days .)r dat(-:):
Contract tlrne wit ail cl1. )provcr.i � " gc- Orders.
Substal l (day'
Ready fo, €':rlt = ;i 1 ftici'y}S
Recoin-- nei for Aj_)proval
BONESTROO
Approved L)y (,ontralctot ; Approved by Owner:
E` 4'.r r`,.. 4' r.�Ew �,.�r. ^r'� [ :. :, ,_ '; �. �,i!,,.: �� C�. f�.n �� 'c,`M r .� M1M C".t
" i °.:
Date Date
cc: ovvnel
Cont: - act01'
1301ij €I1c) C..0111�: }any
B {)€1C'sti - cm L�, ES soc:
Page 23 of 96
emoran um Bonestroo
-- - .. ......... .. ........... ........................... ............................ _.. ... _....., ..... ., ... ._ 3717 23rd Street S
To: Eric Johnson Project 2010 Storm Sewer pate: August 20, 2010 St, cloud, MN 56301
Improvements
------ — - - .._.... ...............
Tel 320 - 251 -4553
From; Chris Long Client: Oak Park Heights Fax 320-251-6252
._. ... .... .... ... ... .. - .................................................................................................................. ...............................
www.bonestroo.com
Ste: Change Order #1 — .justification Memo File No: 55- 09161 -0
__. ............................................................................................................. ............................... ... - - — - - - -- - -- - .
Change Order No. 1 provides for the compensation to the Contractor for the restoration of the
drainage swale and turf reinforcement mat following the rain events incurred the morning after
sod installation.
The drainage swale is approximately 260' in length and is located just south of the property at
6242 Lookout Trail. A rain garden was constructed on the west side of the swale to receive and
infiltrate the storm water runoff from 62 "" Street North, and the overflow swale was constructed
to handle the large rain events. The swale was constructed using an 8' wide turf reinforcement
mat. Sod was then stapled into the graded swale over the turf reinforcement mat.
The grading and sod was installed and completed the clay prior to the early morning rain event.
The rain event was intense enough to overflow the rain garden, as designed during such
storms, and flowed down the newly installed drainage Swale. Approximately two rows of sod
were undermined and were relocated to the bottom of the Swale. Some topsail under the turf
reinforcement neat was also carried away from the runoff.
The sod needed at least a few days for the roots to establish and for the turf reinforcement neat
to function as designed. Tile rain event was unfortunate and occurred at exactly the wrong
time, The contractor was diligent and efficient in restoring the Swale the following day after the
uncontrollable rain events.
Page 24 of 96
PTP f! (.)-s� P1,
Oak Park Heights
Request for Council Action.
Meeting Date August 24, 2010
Agenda Item Title Miller Excavating, Inc. 2nd Pavmcnt for 2010 Storm Sewer
Improvements
Agenda Placement Consent
Originating Department / Requestor Finance - Judv 1lolst, Deputy Clerk/ Finance
Director
Requester's Signature
Action Requested Approve 2nd pavment request to Miller Excavating, Inc. for the
2010 Storm Sewer Improvements
Background /,Justification (Please; indicate any previous action, financial
implications including budget: informatiori and recommendations).
See attached memo.
Page 25 of 96
NMMA
memo
To: Mayor and Council
From: Judy Holst, Deputy Clerk /Finance Director
Date: August 20, 2010
Re: 2010 Storm Sewer Improvements
Please accept for the August 24` Council meeting agenda the attached
request for payment 42 to Miller Excavating, Inc. in the amount of
$9,397.75 for the 2010 Storm Sewer Improvements project. The payment
has been approved by engineering and reviewed by the Finance Department.
The project is 98% complete. The Finance Department recommends
approval of this payment.
Thank You
Page 26 of 96
4)r City of Oak Park Heights, 1.4168 Oak Park Blvd. N.
Owner: P. 0. Box 2007, Oak Park Heights, MN 55082 Date; August 19, 2010
�Of�e5l"OO For Period: 6/18/2010 to 8/19/2010 Request No 2
Contractor: Miller Excavatinq, Inc., 3636 Stagecoach I - rail N,, Stillwater, MN 55082
CONTRACTOR'S REQUEST FOR PAYMENT
2010 STORM SEWER IMPROVEMENTS
BONESTROO FILE NO. 000055- 10164 -0
SUMMARY
1 Original Contract Amount $ 54,637.50
2 Change Order - Addition $ 1,394.25
3 Change Order - Deduction $ 0.00
4 Revised Contract Amount $ 56,031.75
5 Value Completed to Date $ 54,817.30
6 Material on !-land $ _ 0,00
7 Amount Earned $ - - -- _54,817.30
8 Less Retainage 2% $�— 1,096,35
9 Subtotal $ __. -...._ _ 53,720.9
10 Less Amount Paid Previously $ 44,323,20
11 liquidated damages - $ 0.00
12 AMOUNT DUE THIS REQUEST FOR PAYMENT NO. 2 $ 9,397.75
Recommended for Approval by:
BONESTROO
Approved by Contractor: Approved by Owner:
MILLER 5XCAVATXNG , INC J CITY OF OAK PARK HEIGHTS
Specified Contract Completion Date: Date:
Page 27 of 96
5510164.OREQ2.x�sm
Contract Unit Current Quantity Amount
No. Item Unit Quantity Price Quantity to Bate to Date
PART I - BEAUDET STORM SEWER IMPROVEMENTS
I MOBILIZATION LS 1 500.00 1 $500.00
2 TRAFFIC CONTROL LS 1. 500.00 1 $500.00
3 COMMON EXCAVATION (LV) - OFFSITE CY 40 10.00 12 $120.00
4 CLASS III GROUTED RIPRAP CY 40 100.00 9.5 33.5 $3,350.00
5 COMMON BORROW (LV) CY 15 10.00 $0.00
6 SEEDING, INCL SEED, FERTILIZER, AND WOOD FIBER
BLANKET SY 50 10.00 $0.00
7 STREET SWEEPER WITH PICK UP BROOM WITH
OPERATOR HR 2 100.00 $0.00
TOTAL PART I - BEAUDET STORM SEWER IMPROVEMENTS $4,470.00
PART 2 - SWAGER BROTHERS 9TH ADDITION STORM SEWER IMPROVEMENTS
8 MOBILIZATION LS 1 500.00 1 $500.00
9 TRAFFIC CONTROL LS 1 500.00 1 $500.00
10 SAWING BITUMINOUS PAVEMENT LF 225 2,00 203 $406.00
11 REMOVE BITUMINOUS PAVEMENT SY 200 2.00 192 $384.00
12 REMOVE AND REPLACE CONCRETE CURB AND GUTTER LF 130 20,00 128 $2,560.00
13 REMOVE AND REPLACE EXISTING TOP SLAB AND RINGS LS 1 600.00 1 $600.00
14 REMOVE MANHOLE OR CATCH BASIN EA 2 300.00 2 $600.00
15 CONSTRUCT CBMH OVER EXISTING PIPE EA 1 1750.00 1 $1,750.00
16 CONSTRUCT CB OVER EXISTING PIPE EA 1 1450,00 1 $1,450.00
17 GROUT EXISTING STRUCTURE, INCLUDING DOGHOUSES,
INVERTS, BENCHES EA 1 300.00 1 $300.00
18 AGGREGATE BASE, CLASS 5, 100% CRUSHED TN 30 15.00 46.47 66.47 $997.05
19 BITUMINOUS NON WEARING COURSE MIXTURE TN 25 100.00 8.33 28.33 $2,833.00
20 BITUMINOUS WEARING COURSE MIXTURE TN 25 1.00.00 14,18 34.18 $3,418.00
21 SEEDING, MIX 270 SY 50 10.00 3 60 $600.00
22 HYDROMULCH SY 50 5.00 3 60 $300.00
23 STREET SWEEPER WITH PICK 01) BROOM WITH
OPERATOR HR 2 100.00 $0.00
TOTAL PART 2 - SWAGER BROTHERS 911 ADDITION STORM SEWER IMPROVEMENTS $1.7,198.05
}BART 3 - CONCRETE DRAINAGE SWALE IMPROVEMENTS
24 MOBILIZATION LS 1 500.00 1 $500.00
25 TRAFFIC CONTROL LS 1 300.00 1 $300.00
26 POTHOLE EXISTING WATER MAIN LS 1 300.00 1 $300.00
27 REMOVE EXISTING TREE EA 9 200,00 5 $1,000.00
28 CLEAR AND GRUB LS 1 1000.00 1 $1,000,00
29 REMOVE EXISTING DRAINAGE SWALE LF 315 5,00 305 $1,525.00
30 ADJUST VALVE BOX EA 1 150.00 1 $150.00
31 COMMON EXCAVATION (LV) - OFFSITE CY 80 10,00 104 104 $1,040.00
32 CONSTRUCT CBMH OVER EXISTING PIPE FA 1 1500.00 1 $1,500.00
33 IMPROVED PIPE FOUNDATION LF 30 10.00 28 28 $280.00
34 4' DIA STORM SEWER CBML INC R -4342 CSTG AND
HDPE ADJ RINGS EA 2 1900.00 2 $3,800.00
35 4' DIAMETER STORM SEWER MH EA 2 1400.00 1 $1,400.00
36 18" RCP STORM SEWER LF 265 28.00 261 $7,308.00
37 CONSTRUCT OVERFLOW SWALE LF 265 10.00 261 $2,610.00
38 SODDING, LAWN TYPE WITH 4" OF TOPSOIL SY 700 4.00 250 1100 $4,400.00
39 TURF REINFORCEMENT MAT SY 375 1.50 232 $348.00
40 4" PERFORATED POLYETHYLENE PIPE LF 40 5.00 25 $125.00
41 CONSTRUCT RAIN GARDEN SF 520 4.00 126 626 $2,504.00
42 AUGMENTED SOIL MIXTURE CY 20 25.00 15 $375.00
43 REDOSIER DOGWOOD, 5 GALLON EA 20 55,00 i8 $990.00
44 STREET SWEEPER WITH PICK UP BROOM WITH
OPERATOR HR 4 100.00 $0.00
45 BIOROLL LF 100 3,00 100 $300.00
TOTAL PART 3 - CONCRETE DRAINAGE SWALE IMPROVEMENTS $31,755.00
CHANGE ORDER NO, I.
I DRAINAGE SWALE RESTORATION LS 1 1394.25 1 1 $1,394.25
TOTAL CHANGE ORDER NO. 1 $1,394.25
Page 28 of 96
5510164-OREWAISm
Contract Unit Current Quantity Amount
Rio, Item Unit Quantity Price Quantity to Date to Date
TOTAL PART 1 - BEAUDET STORM SEWER IMPROVEMENTS $4,470.00
TOTAL. PART 2 - SWAGER BROTHERS 9TH ADDITION STORM SEWER IMPROVEMENTS $17,198.05
TOTAL. PART 3 - CONCRETE DRAINAGE SWALE IMPROVEMENTS $31,755,00
TOTAL CHANGE ORDER NO. 1 $1,399.25
TOTAL WORK COMPLETED TO DATE $54,817.30
Page 29 of 96
�s�ots� -or+� az.x�5m
PROJECT PAYMENT STATUS
OWNER CITY OF OAK PARK HEIGHTS
BONESTROO FILE NO. 000055 - 10164 -0
CONTRACTOR MILLER EXCAVATING, INC.
CHANGE ORDERS
No. Date Description Amount
1 8/19/2010 This Change Order provides for additional work on this $1,394.25
Project. See Change Order.
Total Change Orders $1.394.25 i
PAYMENT SUMMARY
No. From To Payment Retainage Completed
I. 05/01/2010 06/17/10 44,323.20 2,332.80 46,656.00 I
2 06/1.8/2010 08/19/10 9,397.75 1,096.35 54,81730
Material on Hand
(Total Payment to Date $53,720.95 Original Conti $54,637.501
IRetainage Pay No. 2 1,096.35 Change Orders $1,394.251
Total Amount Earned $54,817.30 Revised Contract $56,031.751
Page 30 of 96
5510164- 0r1LQ2.x1sm
Oak Park Heights
Request for Council Action
Meeting Date: August 24"',2010 Time Required: S thin
Agenda Item Title: Hearing to Show Cause -- Oak Park Wine & Spirits
Agenda Placement: Old Business
Originating Department /Requestor: Oak Park heights Police Dept., Chiel' I31 DeRosier
Requester's Signature
Action Requested: Bearing to Show Cause
Background /Justification:
This is a continuation of action from the civil sanctions place upon Oak Park Wine & Spirits I..I.,C by
council at the June 22, 2010 meeting, for a liquor' sales violation on 05 -14 -2010.
OPW&S was sanctioned $500 with the ability to pay the line on or before August 19"'.2010 or appear
before council for a hearing to shorn causc.
No payment has been received.
Page 31 of 96
�a
POLICE DEPARTMENT
CITY OF OAK PARK HEIGHTS
rs «. 14168 Oak Park Blvd. N. a P.O. Box 2007 Brian DeRosier
Oak Park Heights, Minnesota 55082 Chief of Police
Telephone: (651) 439 -4723
Fax: (651) 439 -3639
Emergency: 911
June 23 " 2010
Oak Park Wine & Spirits LLC
5805 Neal Ave No.
Oak Park Heights, MN 55082
Dear Sir or Madam;
This is in response to the failure of an alcohol compliance check completed by the Oal< Park Heights
Police Department on 05- 14--2010.
During that compliance check your employee sold alcohol to under 21 year old person. The report of
the incident is attached. The suspect employee is being criminally charged under MNSS 340A.503 Sub
2-1 as a Gross Misdemeanor criminal violation.
As part of this violation the City Council of Oak Park Heights has also imposed a $500.00 civil sanction
against your liquor license. This was imposed at the June 22 2010 council meeting. 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 August 24' 2010 at 7prrn, if you choose to waive the hearing you can pay
the civil sanction of $500.00. if you choose to pay the sanction you must make payment by August 18th,
2010 prior to the scheduled hearing. To ensure the payment is acknowledged and the hearing is
suspended please send the payment payable to the City of Oak Park Heights, to my attention.
Future violations may incur increased penalties up to revocation of the license.
If you have questions please call me and I would be glad to help.
Sincerely;
Brian DeRosier
Chief of Police
Page 32 of 96
CITY OF OAK PARK HEIGHTS
WASHENGTON COUNTY, MINNESOTA
IN RE: LICENSE # 173 TO SELL Liquor, Wine, Club or 3.2 ..Malt Beverages, for On Premise
Consumption
ORDER TO SHOW CAUSE
TO: Oak Parli AYine and Spirits LLC; 5805 Neal Ave No., Oal� Parr Heights AIN 55082.
1. At the direcl:ion of the City Council for the City of Oak Park ]-leights, it is hereby ordered that _you, ,
or your representatives, appear before the City Council of the City of Oak Park I1eights at 7.00 p.m. on
August 24, 2010 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
hare, 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 2010 (and future) License to sell Liquor, Wine, Club or 3.2
Malt Beverage for On Premise Consumption, License f; 173; as had been previously issued by the City
of Oak .Park heights to Oak Parr Wine and Spirits LLC; 5505 Neal Ave No., Oalt Park. Heights MN
55082.
Specifically, you should shore 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 May 14 "' 2010.
2. Pay a $1500.00 civil forfeiture; this amount set. by City Ordinance and is the penalty for the first
offense. 1"1111 payment must be received by the City no later than Tuesday, August l sth, 2010.
Dated this 23rd day of June, 2010.
BY ORDER OF THE CITY COUNCIL
Brian DeRosier
Chief of Police
Page 33 of 96
Oak Park Heights
Request for Council Action
Meeting bate: June 22nd, 2010 Time Required: 5 min
Agenda Item Title: Alcohol Compliance Failure — Oak Park Wine & Spirits
Agenda Placement: New Business
Originating Department /Requestor: Oak Park Heights Police Dept., Chief Brian DeRosier
Requester's Signature � . '1 -- —
Action Requested: Administrative Sanction of $500 / Dearing to Show Cause
Background /Justification:
On May 14` } ', 2010 the Oak Park Heights Police Dept, conducted routine alcohol compliance checks on
all vendors licensed within the city of Oak Paxk l sleights, MN.
During the cornpliance check an officer of the OPI :I P.D. was assisted lay 2 less than 21 year old
volunteers.
The volunteers entered the business of Oak Park Wine and Spirits attempting to purchase a 12 pack of
Coors beer. The cleric asked them for identification. The clerk was presented with the identification of
the subject clearly showing them to be under 21 years of age. The cleric then made a comment about
not making her do the math and returned the identification to the volunteer. The cleric then sold the less
than 21 yr olds alcoholic beverage in violation of state la�v.
The OPT P.D. Officer then. Gwent into the store and advised the store cleric of the offense.
The clerk is being charged criminally under MNSS 340A.503.2 a Goss Misdemeanor offense.
The establishment has had no previous applicable violations that would apply to the look back period
of 24 months in compliance with city resolution. In conformance with OPII Resolution 00- 07.39 I
recommend the council impose a $500 sanction against the license of Oak ParI. Wine & Spirits to be
paid within 60 days and a Blearing to Show Cause on August 1 0th, 2010 if the merchant wishes to
contest the $500 sanction. 1 � V fv �
Page 34 of 96
w
173 y cit Oak Park H ts
No, } --
F ee s 24:0 9 00 cottttt Washington
Alcohol & Wmb4gg Enforcement
®F SAL ,,,...
LIQ . . . LIC
THIS CE,R'TIPI;✓S THAT:
LICENSEE Oak Park Wine & Spirits LLC
TRADE NAM)" Oak Park Wine & Spirits
STREET ADDRESS OR LOT AND BLOCK NO 5 805 Neal Ave. N
Is authorized to sel intoxicating ligtt�r at o f c stlU of ject to the la4vs nd regulations of the State Minnesota at r ' . aces for the
periodhegimring januar'y 1 g � to Dec' I 31, 2010
Mayor or President
THIS Ll ' WS RU7 G' n er my hand and the Municipal Corporate Seal
5r eit o axk Hei3fts mate 12-8-09
tol 8 Gambling E-n#'oreemem Director bate
MM -03 (3 /65) CLERK or Recorder
Page 35 of 96
Minnesota Department of Public Safety
Alcohol and Gambling Enforcement
` <ix
444 Cedar Street, Suite 133
St. Paul, MN 55101 - 5133' < *ts
651 201 - 7507 ® TTY 651- 282 -6555 a Fax 651- 297 -5259
RENEWAL OF LIQUOR, WINE, CLUB OR 3.2% LICENSES
1Sr license wi ll be approved ar rele<rstA rinttl $te;$2L1 I� ctailes lD Q. F.d &e J 6 received by. MN Ltcluor Control', (3 2 °10 I'lcenscs'eXetupt)
Licensee: Please verify your license information contained below. Make corrections if necessary and si&ni. City
Clerk /County Auditor should submit this signed renewal with completed license and licensee liquor liability for the new license
period. City Clerk/County Auditor are also required by M.S. 340A.404 S. 3 to report any license
cancellation.
License Code Cpl UL_ License Period ;ndin j' ;2, 25 j ' r`-t`�I��alf vu z?C'f t��3
City /County where liccnse approved.. U {3k pal - k Ht 5
Licensee Name 0,- P k W i. l'1 c1 p a, t• i, i; l LC,
Trade Name
Oak E_' a r k w i yl e a• c:, p i. r° i t
Licensed Location adch•ess
5@1715 kleal, Ave N
City, State, Zip Code
Business Phone
I'\Io•l I•• u s0
ICVNSE IliR'Ye; : Ofl' Sale $ J?'Y6 vv Oil Sale Sunday
By signing this renewal application, applicant certifies that illcre has been no change ill ownership on the above named
licensee. For changes in ownership, the licensee named above, or for new licensees, full applications should be used. See
back of this application for further information deeded to complete this renewal.
A143licant signature on this re newal confirm the follow Failure to rep arty c ii�the followinf! will result in fines,
1. Licensee confirms it has uo interest whatsoever, directly or indirectly in any other liquor establishments in
Minnesota, If so, give details on back of this applica (loll.
2. Licensee confirms that it has n ever had a liquor license rejected by any cityltownshiplcouuty in the sate of
Minnesota. If ever i-ejected, please give details on the back of this renewal, their sign below.
3. Licensee confirms that for the past five years it has not ]tact a1 liquor liccnse revoked for any liquor law violation
(state or local). If a revocation has occurred, please give details on the back of this renewal, then sign below,
4. Licensee confirrlts that during the past five years it or its employees have not been convicted of any criminal
violations or imposed with any civil penalties. If so, please report on back of this application,
5. Licensee confines that during the past license year, has riot been issued finder the I..iquor LiaKity
Law (Drain Shop) MS 340A.802. If yes, attach a c py of the summons, then sign below.
6, Licensee confirms that Workers Compensation insurance is in effect for the full license period.
Licensee has attached a liquor liabilit, 1 surance c tiffcate that corresponds with the license period ill city /co1111ty
where license is issued. $100,000 in C sh or secur' les or $100,000 surety bond lnay be submitted in lien of liquor liabil-
it�y. (3.2 °l0 liquor licenses are ewer if ,ales ar ess than $25,000 at oll sale, or $50,000 at ofd sale).
__ � z�� /c?
(S 1� t r e 1Yc?s 3T ab e e correct and license 11• s�a roved by it /r?otlftty)
City CleTWoi ntv Anditor Sip an Dale
(Signature certifies that rene 1 a i uor wine or club license has been approved by the city /county as stated above.)
County Attorney Siemahrre Date
County Board issued licenses onl gnature ertifies licensee is eligible for license).
Y'olicelS3reriff Sinrratnre r r �� ---�.- - 1:]ate �r�� ��
(Signature certifies licensee or associates have not been cited during the past five years for any state /local liquor law violations
(criminal /civil). Report violations on back, then sign here.
T'S 9093 -05
Page 36 of 96
CJG1UPROPH OAK PARK HEIGHTS POLICE DEPARTMENT
DATE 5/19/10
TIME 75;19:42
INITIAL COMPLAINT REPORT
110701821
DATE /TIME REPORTED: 5/14/10 15:33:12 DISPATCHER: JRCULLE
DATE /TIME STAMP: 5 /14/10 15:33:43 ENTERED BY: JRCULLE
LOCATION OF INCIDENT: 5805 NEAL AV N GRID:
OAK PARK HEIGHTS, MN 55082
INCIDENT RECEIVED BY: TELEPHONE
OFFICERS ASSIGNED: 477 CROFT
NAMES ASSOCIATED JOSEPH CROFT
WITH THIS INCIDENT:
PHONE: (IM) (W)
SEX: DOB:
ASSOCIATION:COMPLA.INANT
SALE OF ALCOHOL `1'O A MINOR
OAK PARK WINE: & SPIRITS
:5805 DEAL AV N
OAK PAR T{ HEIGHTS, MN 55082
P (H ) (W)
SEX: DOB:
ASSOCIATION:OTHEaR
SALE OF ALCOHOL TO A MINOR "FORMAL COMPLAINT**
TIFFANY ANN AXTELL
8304 COOPER WAY E
INVER GROVE HEIGHTS, MIS 55076
PHON£:(H) (W)
SEX : F DOES
ASSOCIATION:SUSPECT
SALE OF ALCOHOL TO A MINOR 340A.503.2.1 *TO BE CHARGED BY FORMAL COMPLAINT:
W/F
RYAN PHILIP SPARBY
600 WILDWOOD LN
STILLWATER, MN 55082
PHONE: (H) (W)
SEX : DOB: JJJI I�L�III�Jh�Wl�illi l�lilllhYll +i'�
ASSOCIATION:WITNESS
WAS SOLD ALCOHOL BY AXTELL
JOSHUA ALAN RADMANOVICH
6331 GOODVIEW BAY S
COTTAGE GROVE, MN 55016
PHONE;: (H) (W)
SEX:M DOB:
AS
SOCIATION :WITNESS
WITNESSED SALE OF ALCOHOL TO SPARBY BY AXTELL
DEANNA AVERY RUIZ
17711 FLAIR CIR
LAKEVILLE, MN 55024 Page 37 of 96
PHONE:(H) (W)
SEX:F DOB:
ASSOCIATION:OTHER
Page 38 of 96
CJGIUPROPH OAK PARK HEIGHTS POLICE DEPARTMENT
DATE 6/09/10
TIME 15:12:44
INITIAL COMPLAINT REPORT
110701321_
DATE /TIME RETORTED: 5/14/10 15:33:12 DISPATCHER: JRCULLE
DATE /TIME STAMP: 5 /14/10 15 :33: ENTERED BY: JRCULLE
BUSINESS OWNER
NOT PRESENT AT TIME OF SAVE
OFFICER COMMENTS:
CROFT /477 05/15/10 0120 I -IRS 477 5/1.5/:
ON 05/14/10 AT APPROXIMATELY 1510 HRS I WAS CONDUCTING 47'7 5/15/:
ALCOHOL COMPLIANCE CHECKS WITH THE, HELP OF 2 VOLUNTEERS 477 5/15/:
UNDER THE AGE OF 18. AT THIS TIME THEY ENTERED OAK PART{ WINE 47'7 5/15/:
& SPIRITS AND ATTEMPTED TO PURCHASE A 12 PACK OF COORS 477 5/15/:
LIGHT. THE CLERK, ONLY PERSON WORKING IN THE STORE, ASKED 477 5/15/:
FOR ID FROM ONE OF THE VOLUNTEERS AND WHEN HE HANDED HER HIS 477 5/15/:
MN PHOTO DL SHOWING- HIM CLEARLY TO BE 21 YEARS OLD, SHE MADE 4'77 5/15/:
A COMMENT "DON'T MAKE ME DO THE MATH" AND SHOR`J'LY THEREAFTER 477 5/1.5/:
HANDED II' BACK TO HIM AND SOLD HIM THE ALCOHOL FOR $11 34 1 '77 5/15/:
THEY BROUGHT THE ALCOHOL BACK TO 1 Y SQUAD AND I 'T'HEN ENTERED 4'71
T'ijI_, S'.tOR1, V I`I'II 'TIIE VO.T LJN'T'I;F RS CD. AS :1: EN`.I`ZRED TII S`T'ORE: TIIF; 477 5/1 -5/:
CLERK STATED "J KNEW AFTER TIIEY LIFT, HIS ORIVE= LIC0F]NSE 4'11 5/1.5/.
SAID 1.992 DJ "DN' T IT" . I SHOWED HER THE D1, AND POINTED OUT 4'7'7 5/15/:
THE DATE OF BIRTH AS WELL AS THE "AGE 18: 03 - -08- 2010" AND 41 "7 5/15/;
THE "UNDER 21" ABOVE HIS PHOTO. T. ALSO SHOWED HER A 47'1
PHOTOCOPY OF $20.00 BILL HE HAD PAID WITH AND ASKED HER TO 4'77 5/15/:
REPRIEVE IT. SHE RETRIrVED IT FROM THE DRAWER AND RETURNED 477 5/15/:
IT TO ME AND I RETURNED HER CHANGE THAT SHE HAD GIVEN THE 477 5/1.5/:
VOLUNTEER AT THE TIME OF THE SALE. SHE WAS ADVISED OF BOTH 4'77 5/1.5/:
TIME CIVIL AND CRIMINAL CONSEQUENCES AND AWAS ASKED TO NOTIFY 477 5/15/:
THE OWNER OF THE INCIDENT. SHE WAS ALSO ADVISED THAT SHE 477
WOULD BE GETTING PAPERWORK IN THE MAIL FROM THE CITY ATTY & 4'77
THE OWNER WOULD BE GETTING PAPERWORK FROM THE CITY. SHE 477 5/15/:
STATED SHE UNDERSTOOD. 12 PACK OF COORS LIGHT PLACED INTO 477 5/1.5/:
EVIDENCE. {SEE ICR 1)10'70182.0 FOR FURTHER INFO. ) 477 5/15/:
CLASSIFIED AS: LIQUOR —GM —SELL TO OR PROCURE LIQUOR FOR MINOR M41.Oi
Page 39 of 96
'I'llis Page Is Left Intentionally Blank.
tiHq
k { t
Page 40 of 96
Rc x- Un Mz
Oak Park Heights
Request for Council Action
Meeting Date -- __August 24,:�010
Time Required: 10 Minutes
Agenda Item Tide: Discussion about Use Dm o a r Golf Carts n
- Q� dtsjR�&L-ya.-fo -- a
Other Mobilit Devices.
Agenda Placement New Business
Originating Department/Re Councilmember Runk
Requester's Signature
............... . ...
Action Requested
Background/Justification (Please indicate if any previous action has. been taken or if
other public bodies have advised):
This item was referred to Staff on June 22, 20 and is now being brought back with full report
for Council consideration and possible action. See the attached dooiimeiit from Chief Brian
DeRosier.
Reprintedftf)in Am 2Z Agenda Item:
I have been approached by a resident q Bouiwell's Landing as to the possibility of amending the City
orefinances to possibly allow golf'cart / "Cushman' "- type vehicles an the City's Trails / Roadways. It is
possible that some Rout well's residents mayalipear to share their perspectives.
Current City Ordinances (Cc Ord 705) prohibits the use of these type of vehicles on City trails.Small
personal mobility devices may be operated on the City's trails when the operator has a dfsabflitv
exception —see the ordinance below.
Page 41 of 96
705
AN ORDINANCE REGULATING OPERATION OF MOTORIZED WHEELCHAIRS AND
OTHER INDIVIDUAL TRANSPOR ATION DEVICES BY PHYSICALLY DISABLED
PERSONS ON PUBLIC ROADWAYS AND PARK TRAILS WITHIN THE CITY OF OAK PARR
HEIGHTS.
705.10. De fini tion s.
The following definitions shall apply in the administration and enforcement of this Ordinal
"Operate" shall mean to ride in, or ova, mid control the operation of a motorizW- wheelchair or
other motorized individual transportation device.
"Physically Disabled" shall mean any person who, because of physical disability, (a) cannot
walk without sufficient risk of falling;; (b) cannot walk 200 feet without stopping; to rest; (c)
cannot walk without the aid of another person, walker, cane, crutches, braces, prosthetic
devices, and /or wheelchair; (d) is restricted by respiratory disease to an extent that the person's
forced (respiratory) expiratory volume for one second when measured by ISpiroxnetry is less
than one liter; (e) has an arterial oxygen t€:nsion (PA02) of less than 60 inn /hg; (1) uses
portable oxygen, (g) has a cardiac condition to the extent that the person's Ibnctional limitations
are verified by their personal physician as requiring assistance for transportation purposes; (h)
has lost an arm or a leg; and does not have or cannot use an artificial limb; (i) has a disability that
would be aggravated by walking 200 feet or n - ore under non - nal environmental conditions as
verified by their personal physician.
"Right-of-way" shall mean any street, avenue, place, drive or other public drive in the City of
Oak Park Ileights.
"Motorized individual transportation devices" shall mean those special vehicles limited to
persons who rewire assistance because of physical infirmity in their personal transportation
with such devices being limited to the capacity of carrying; or transporting, a single individual.
705.020 Operation on Public Proverty.
No person shall operate a motorized wheelchair or motorized individual transportation device
within the public right-of-way of any trunk state or county highway, state aid or City street
within the City of Oak Park Heights except as allowed under this Ordinance. On right-of-way
designated for City streets, motorized wheelchairs or motorized individual transportation
devices shall be permitted only on the shoulder of the roadway or, in the absence of an
improved shoulder, on the right-hand-most portion of the roadway and in the same direction as
the street txaffc on the nearest lane of the roadway adjacent thereto. No person shall operate a
motorized wheelchair or motorized individual transportation device within the public right-of-
way of any trunk state or county highway, state aid or City street between the hours of one -half
hour after sunset and one -half hour before sunrise.
Page 42 of 96
All such persons operating motorized wheelchairs or motorized individual transportation
devices shall display the slow - moving vehicle emblem thereon as required by Minnesota Statute
§ 169.522.
The operation of motorized wheelchairs or motorized individual transportation devices for all
persons who are physically disabledd shall be allowed on the park and public trails existing;
within the City of Oak Park Heights. The operation of police, fine and emergency vehicles and
public works vehicles shall be allowed in the park and public trail systems of the City of Oak
Park Heights. Except as otherwise provided herein no motorized vehicles shall be allowed on
the public trail systems of the City of Oak Dark Heights. No rmotor vehicles except as provided
herein shall be allowed in the City Parks of the City of Oak Park heights except on established
and paved parking surfaces posted for that purpose.
Page 43 of 96
POLICE DEPARTMENT
CITY OF OAK PARK HEIGHTS
14168 Oak Park Blvd, N, ® PO. Box 2007 Brian DeRosier
Oak Park Heights, Minnesota 550132 Chief of Police
�® Telephone: (651) 439 -4723
Pax: (651) 439 -3639
Emergency: 911
July 9th, 2010
Too Oak Park Heights Mayor & City Council
1+ roin: Chief DeRosier
Subject: Golf Cart Use on City Streets and City Trails
At the Tune 22" ` 2010 Oak Park Heights council meeting Member Runk presented a request by
Boutwells residents to allow the use of Golf Carts on city streets and trails. The issue Nvas tabled
for further research by staff. I have reviewed the request and researched areas applicable to the
request.
I contacted Boutwells administration and asked then io narrow the request specifically as to
what and why the request is being made. Boutwells responded with a request to use the city
trails as access for residents of the facility to view the landscaping of the area. The residents
were described as those without the ability to use a personal mobility device. The residents
would be driven around the campus by Boutwells staff to view the landscaping. I3outweIls also
requested to be able to use a "gator" or utility ATV vehicle for maintenance crews. Boutwells
staff recognized that the residents that may Have approached council for the allowance may be
intending greater use on streets and trails; however this was the position of Boutwells
administration of allowing staff to take residents on tours and allow the maintenance workers to
use an ATV. Boutwells did provide a naap of a proposed trail to be used by staff to escort
residents.
I have presented information on a broad pallet since allowing the use of the trails or streets in the
manner requested by Boutwells may very well have a larger implication to the city with other
residents seeing them being used and believing it is acceptable everywhere or by other
neighborhoods also requesting similar use. The issues have implications of a public safety
concern, neighborhood issues, and administrative involvement.
USA Today reports that in July 2008, 26 states in the US currently provide for the ability of
LSV's "Low Speed Vehicles" to be used on city streets with local government approval.
NHTSA "National highway "Traffic Safety Administration in report 4 49CFR part 571, only 2
states provide for that on a statewide basis; Arizona "any street posted 35 mph or under, the golf
cart must be street legal -- headlights, taillights etc. ", and Florida "restricted to gated
communities only." The remaining 10 states delegate the responsibility to individual local
governments.
Page 44 of 96
Research. of MN Cities I found the following cities, while these are not to be considered
technically specific or the only cities, they are a representation of what some other cities have
done with this issue:
1. Faribault MN -- Limited to disabled persons with medical certificate, restricted to specific
streets as designated in the permit. *
2. Vadnais fl eights MN ---- Similar to above restrictions listed at Faribault
3. Osseo MN -- By permit allowed on all city streets.
4. New Ulm MN -- Reviewed and turned down
5. North Mankato MN — Reviewed and turned down
6. Wells MN — Reviewed and turned down
7. Crookston MN — Reviewed and turned down
As I have interpreted the position of LMC document 385A May 2010, these 2 ordinances may
not be correct as they restrict the persons able to obtain the permit farther than that allowed by
MSS 169.045, restricting; it to only disabled persons. LMC has interpreted MSS 169.045 as only
limiting to those able to purchase insurance and not currently revoked or suspended for MN
driving privileges, or unable to meet medical requirements by their own physician statement to
safely operate the vehicle.
I was unable to locate any city allowing the use on sidewalks or park trails.
Legal Authority.
The state legislature has provided individual governmental bodies the ability to allow and
regulate the use of golf carts or other slow Ynoving vehicles on city streets. Ref. MSS 169.045.
The city may restrict this to certain streets and areas, or allow use across the city. There are
some other specific requirements that must be followed:
a. City issue permits on a yearly basis
b. Require insurance complying with section 6513.48 of MNSS for vehicles. The
state realizes the difficulty in this with private insurance carriers and offers the
insurance with the state.
c. Limit operation from Sunrise to Sunset, or at tulles of restricted visibility
d. Slow moving vehicle sign on rear 14
e. Restrict drivers to those of age to purchase insurance. Can also restrict those with
suspended or revoked MN Licenses, or medically unable.
f. Restrict # of passengers in the vehicle to that as from manufacturer. No modifications
except as designed by manufacturer.
g. Require rear view mirror
h. May revoke permit at any time there is evidence the driver is unable to operate safely,
acid may require medical certification.
i. Cannot be more restrictive than MN statute.
The vehicles are not required to be street legal or meeting the NHTSA minimum standards of a
vehicle used on streets and highways.
Page 45 of 96
The league of MN Cities does have a model ordinance available for the use on city streets. The
model does not address use on city trails or sidewalks.
MN lam already allows some unlicensed vehicle devices not meeting National Highway Safety
Administration Standards to be used on city streets. Personal assistance devices for the
handicapped; and slow moving vehicles with no more than 2 -12" or less tires not having the
ability to attain a speed greater than 15mph and no ability to carry passengers, and implements of
husbandry -- such as farm and construction equipment in limited circumstances.
City ordinance 705.020 allows for personal assistance devices "PAD" for persons in need to be
used on city sidewalks or park trails. Ordinance 802 currently prohibits all other persons using
motorized vehicles from sidewalks or park trails, and a speed limit of 15mph on park roadways
and parking lots.
Safety and Other Considerations:
Golf carts are included into a category of slow moving vehicles "SLV" by the National Highway
Traffic Safety Administration. These slow moving vehicles must not be able to exceed a speed
of 20mph. if the vehicle can exceed 20mph in less than 1.6 miles or 25 mph at all "i.e,
downhill ", then it can be classified as a motor vehicle and subject to all licensing and equipment
standards required of those vehicles for use on streets. Slow moving vehicle classifications can
include all terrain vehicles, personal neighborhood electric vehicles, Mini "trucks and others.
Traffic studies by the MUSA show the possible in to occupants and property damage
increase dramatically when speeds exceed 20mph.
Golf carts come in 2 varieties. 'there are fleet Carts that are the traditional cart developed for
golf courses, and Personal Carts sold to the individual civilian market.
Fleet Carts do not exceed 18mph, are an average 48' across, 500 — 600 lbs. and seat 2 persons.
They are geared for slow starting and acceleration to avoid tearing of the turf, they generally
have no lighting or other safety equipment. Braking is only on the rear wheels and no standards
are in place to meet vehicle requirements by NHTSA.
Personal Golf Carts are able to attain speeds as high as 25 mph or higher when modified. They
can be much larger and seat up to 6 persons. Some can come equipped with lights to the front
and rear, and many other custornizations. They can be much heavier dependant on the size and
customization with the 6 passenger model reaching 1,200 lbs.
Some of the considerations that should be considered 'include:
1. Vehicles that are electric can be very quiet and may not be heard approaching by pedestrian
traffic.
2. The city trails are built to widths front 6' to 8'. The carts being 48" minimum would not
allow for 2 carts to pass while staying on the trail and would only allow minimal room for
passing pedestrians. Carts pulling off the trail to the side may hit soft shoulders damaging the
edge of the trail and possibly causing the cart to tip or get stuck.
Page 46 of 96
3. The trails were not designed for vehicle traffic, having no shoulder area. Snow and Ice in
the cold months could create unsafe conditions for LSV"s which do not have tires designed for
safe operation in those conditions.
4. Vehicles of this weight striking a pedestrian can cause significant injuries to the pedestrian.
5. Many of the pedestrians using the trails are also walking small children or dogs.
6. Alteration of the cants can be done increasing, the speed. Purchase of Personal Carts can
exceed 25mph. This increases the possibility of serious injury or property damage.
7. Permitting will require staff tinge for inspections of the vehicle, verification of insurance,
and processing of the paper work. Stickers identifying the year to be applied to the vehicle
would need to be purchased to issue identify those vehicles permitted.
Street use of L,SV'sa
I do not recommend any allowance of slow moving vehicles on city streets by ordinance other
than what is already acceptable by MN statute and city ordinance. I do not recommend approval
of Boutwells request for their use of a "Gator" all terrain vehicle for nnaintenance use. This
vehicle is able to exceed 20mph, and as advertised in manufacture literature can reach speeds in
excess of 40mph. Allowing them use may create a difficult situation in denying other businesses
or residents use in current or future developments, as well as the safety issues outlined. This
position was discussed by City staff "Legal Counsel, Public Works, City Engineer, and
Administration" with general agreement. I feel trying to regulate these other vehicles and drivers
on a city wide basis would be very difficult.
The ability to modify the vehicles to attain greater speeds, carrying passengers, along with these
vehicles being considered to have all the same right and privilege of a licensed motor vehicle
could impact public safety for these persons along with other pedestrians and motor vehicles. All
other licensed motor vehicles are required to sleet NIITSA safety and equipment requirements
for the safety of all the users of the road, these vehicles would not meet those requirements. If
the city would adopt or allow the use we cannot be more restrictive than MSS 169.045 "statute
allowing cities to allow golf carts on city streets" allows. 'This statute is very limiting in our
ability to control the devices.
If an ordinance was created to allow use, limiting the area of use would be difficult even if you
officially limit the allowable area to specific city streets. Other residents would see their use and
this may create a "snowball" effect of unpermitted users and in areas not allowed by ordinance.
Park Trail & Side -walk use of LSV's:
This area has created several considerations.
As a whole I do not recommend allowance of any public use of slow moving vehicles on city
trails or sidewalks not already allowed by ordinances 705 or 802 _ personal assistance devices. I
Page 47 of 96
do not recommend approval of Boutwells request for their use of a "Gator" all terrain vehicle for
maintenance use. This vehicle is able to exceed 20anph, and as advertised in manufacture
literature can reach speeds in excess of 40mph. Allowing them use may create a difficult
situation in denying other businesses or residents use in current or future developments, as well
as the safety issues outlined. This position was discussed by City staff "Legal Counsel, Public
Works, City Engineer, and Administration'' with general agreement. The trails are not designed
for the use of these vehicles on a routine basis or by multiple operators for the reasons listed.
Since the publically owned trails are totally within the jurisdiction of the city to control and
regulate, the council may look at the possibility of use on a very limited or specific area, while
providing for a review period and ability to revoke or further restrict at a later date. Current or
new ordinance would deed to be amended or created specifically outlining allowed use and
restrictions of use. Legal Counsel may offer further opinion on the restrictions and possible
liability issues associated with the city condoning and allowing such use.
1 do understand and empathize with the position of Boutwells administration on wanting to
provide a better duality of life for those residents who may not have other means or ability to do
this for themselves. Boutwells administration has also outlined a travel plan of many areas that
are "private'' trails and fully within their ability to use as they wish, "see attachment of proposed
trail route neap provided by Boutwells and city map of trails designating cite trails and sidewalk
vs, private trails." Sidewalks would be considered regulated by current ordinance if located
Within I along city road right of way.
Trail Information
Attachment le
This map of trails of the Southern addition at Boutwells shows highlighted trails in the color pink
and green. The pink is designating private trails owned and maintained solely by Boutwells and
not under our control. The pink trails are primarily the trails being requested access use by
Boutwells administration. The green highlights mark sidewalks that due fall under city
ordinance as being within the right of way of public streets.
Attachment 2e
This map was provided by Boutwells administration as the planned route they would like to have
access to. The route is highlighted in Yellov, As routed most of the plan is on private trails
owned by Boutwells. Direct crossing of public streets are currently allowed by golf carts and
other LSV's so that is not an issue at this point.
Recommended Route
The following route using city trails and sidewalks is the minimum route to accommodate the
request by Boutwells administration for use of the trail / sidewalk system to access their own
private trails.
Route: Sidewalk use to or from the southern parking lot entrance area of the main complex
located at 5600 Norwich Parkway, along the sidewalk on the north side of the roadway, west
from 5600 Norwich Parkway to Nolan Parkway. Direct crossing of Norwich Parkway to the
Page 48 of 96
sidewalk along the south side of Norwich Parkway. Travel on the sidewalk between the SW
corner of Norwich. Parkway and Nolan Parkway, west to the point of the meeting of the private
trail of Boutwells Landing. (ses
Ai
Staff Recommendation
We do not recommend allowing or changing aray acceptable use standards of vehicles or
equipment other than what is currently allowed by ordinance or statute. A possible exception
could be made for Boutwells staff to escort residents viewing the landscaping..
I ~mould refer this to Council to make a final decision, balancing the needs of the residents and
the uniqueness of the neighborhood with that of the safety of the other residents on the trails. If
council does consider this I would make the following recommendations:
1. Only permitted /licensed LSV's be allowed on specifically outlined trails or sidewalks.
Permits to be renewed annually. Permits will be displayed in a highly visible area on both sides
of the vehicle.
2. Only permitted drivers to be allowed. Permitted drivers will show a thorough kDOWledge of
the ordinances, restrictions and safe operation of the LSV. Permitted Drivers will display the
permit clearly visible on an outer garment while operating the vehicle. Only drivers age 1.6 or
above with a valid MN drivers license will be permitted. Age 16 would not prevent summer
employment for students.
3. Only LSV's designed by manufacturer standards for the allowed # of passengers will be
permitted. All LSV's will be inspected for safe mechanical operation prior to permitting.
4, Speed limit will not exceed "idle speed" or that speed which is minimally required to move
the LSV.
5. Drivers will stop and yield to all pedestrians approaching less than 100 feet away or as soon as
visible within that distance. Drivers will stay stopped until pedestrians have passed by the LSV.
Drivers will pull LSV's as far off the trail or sidewalk as practical and safe for conditions, to
allow pedestrian traffic to pass.
G. Cost for permitting to offset the actual cost of the physical "permits" to be displayed on the
LSV and wore b permitted drivers, will be paid by the permit applicant.
7. The only trails or sidewalks allowed by permit are those mapped and approved by council at
the time of adoption of ordinance allowing this type of operation or as amended annually by
council. See the "recommended route" listed above.
S. Limit hours of operation to Sunrise / Sunset and not during times of limited visibility.
9. LSV use only to assist Boutwells staff in the transportation of persons unable to walk or use
PAD, for recreational use only. LSV not allowed for employee transportation or work projects.
Page 49 of 96
Uir
", .10
SFS tit y t�{�, �n�t t ��t` � '- -�� 114- rx ��i �i -� I, v r � ^} - � �. r'- � .
:t
fflt
� AL
r. � � .��,^^ Syr - 5 '•c r3� u 1 � r oc - _ _ r$s� - ��� � ',
z el
A
w .s dray 2.,
"'L 77
IM
, �A4�--7
t ::fit,': .t� � S ' .+.� � F � 8 - -� . < �{ �°� .. 1 f it � �as<'?�$ � � r
K�AIM
Ni - � V ,1,1-
n c
-W ZIP
PA'
Ile
�mf.V
wil I-il.
90 54
Page 50 of 96 1
/
[�Y
j
.... ___._,- .,.........,. _ ... ... ....................... _.._. _... ._. ... . - _ .. ..
h?_.l A/ he SM 1-AND 717 LE Sr1RVUY �i''�c�� f
(s. - U1
i _ 3nshul,�tnrr C•uunf hfurlJasptA i
i �'• i
,
I
" I
. I R z k 1
i ..
s.,
VA
26 of 54
Page 51 of 96
the General Plan approvals granted by the city and will have to be separately
applied for by the applicant when it is ready to proceed with those projects.
M. Landscape Islands. There shall be no landscape islands allowed in Nolan
parkway.
N. Trailways and Sidewalks. Developer shall accept and perform all
N maintenance and snow removal for all trail systems and sidewalks within
the Development and in the Boutwell's Landing Development. Developer
shall establish reasonable snow removal schedules consistent with their
site maintenance priorities. Developer shall perform all replacement
responsibilities for sidewalks and trail systems, except those located
within the city park.
O. Lighting. Developer shall perforn all operation and maintenance
responsibilities, repair and replacement, re- larnping and repair functions for
all streetlights within the Boutwell's Landing, McKean West and McKean
Square developments. Developer shall pay all electrical charges for
streetlights and lighting within the McKean Square development. The City
shall pay all electrical charges for streetlights within the Boutwell's
Landing, McKean West and Autumn Hills Park area. Current electrical
connections for Boutwell's Landing street lighting, McKean West street
lighting and Autumn hills Park are all connected to a single meter, which
has previously been paid for by an affiliate corporation of the Developer.
The City shall commence taking over the responsibility for payment of
electrical charges on those facilities as of June 1, 2003.
P. Agreement for Payment in Lieu of Taxes. Developer and the City have
previously entered into a separate agreement providing for the payment by
Developer to the City of fiends, in lieu of real estate taxes on an annual basis,
affecting those portions of the Boutwell's Landing development that are
now, or may become in the future, tax exempt. Developer herewith agrees
that, should in the future any of the portions of McKean Square or McKean
West become tax exempt, it will also, pursuant to that agreement, provide
for the payment by Developer to the City of the funds in lieu of real estate
taxes, pursuant to the same terms and provisions thereof The original
Developer's Contract for Boutwell's Landing was executed by and between
the City and Developer's affiliate corporation, Valley Senior Services
Alliance, on the 30 ° i day of December 1998. For purposes of this agreement,
those provisions of the development contract affecting the payment in lieu of
tax feature referenced above, from the December 30, 1998 Developer's
Agreement between the City of Oak Park Heights and Valley Senior
Services Alliance, and the agreement for payment of city services, also
13
Page 52 of 96
1` 5 �a n- fi '� �,,,� r a il ��1 ,,[ r � � II •i
g gm
X VSSA Area Trails
4 and Sidewalks
MR
� ^
1 � ?`„, /,c !- - _ Route Proposed by CP3ief L}eRosier as permrssibEe -see recommeno2tlors rn , �, / x - t -���' �y
1 1
y � 4
� � � _- s : 5� - '�"i' '�y �a�' � ' S� k +R '�?F�i ?•S r - y ,� _ `a` ! s -- �.
-
�. 1 � 4 F
f:
-
�;� ' ,� ��' , • -- y a� - � ` y >�� 4 1 r ,� D 2550 ADD 150 200
F eet
- " Sa - f r -, i 3� d� s' T . � o e'r•cf� < � • " t -'Ge J 2
� S <- � 'f .a • >— r�f.7� -r- 7R" � �? i � 1M ZJ�jk5 �4, � zyj5 't[ y '
.�.
1
M �
, a
.r. City Oi Oak Palk -Ic�
?F
x / �'� .i i � '� '"' -'�• u.r H3 - � i v- LIY �nsY e2 r- {� s, s '_
� s s,`. ti• � � ": s - r " � "x' �' - - � ��'' - </ - s,' � n,,x$ 5 �„ _r ° �'a�L ?..,/ y ..�o�._ : - ,.. , .,<. - -
,i
N
cri
y E ✓' r !
\v) �f," , ..�..: �: !. 7't�::" � �, „] ,C - - jfr' 3� O. r_� c .0. R -. :t<'..?
. 'f' . ' ✓'.(•� 7• - ,Y� - .� :L .,� -�5`Y '' �I -✓_.1, .:�fJ , :' "t' fir: 1.' $,'�` � _
O "v r ,,f;. _ �, -,fi c x � r - i�. x ';i� .��9 -. -, '' -, L;:,; ..;' '� ) -- r °'• ' -,� � -�'.. .� ,�y,...2a �oe:;e', -cox e-r nm.:rc ,. _, -� ='ei -,.... , _ -
ep
���•� f� d rz. 3e !l' i'�-( , � - I � �, S �' s r- 7� � 1 �.;i' \ �^ ��K'4, N� - '.
�� �ti, ter' ��^ � ✓ �. - � y� ��rj ;�"� �� "��,�"��, � sib+, � j � � t
'C�r ra ;���� �- ��•/ J 9'st � - �'� l fi 'Y �"',- �,� �.•.. Zy +�' F �� � "
�<fy r 4 7 ✓'yK�fs 4'° +-Zt r -� G I {� t �•� S
V 4
VSSA -Area Trails
cr ,fr >i' '� F 'i,...3�� � r y 7 --
w : , and Sidewalks
7
l ■ � MAID 2
r
17 : � 7 �1� - „t - • -
�§i1� - �� x -- J ,,Vr �'}� ' .:i4 �� ,• r 5 b� _ � �"� ->� rPr .ems �,a 1 �-�� a4- '� � F
Considered to a DIRECT CROSSING from Private trail to private trail his is per - nissEble
y � 5 , t '. lam • + - iv � - d r y . � t' � �, T ��.� y . �y a �� ; e,�� �,�..
0 2550 100 150 200
Feet
G
d
U
Z
Et 'y, :, U�.. , °, Cit o'Oa� Park I etMhts
>, :al_S O,n .i: 3:.c X• a7.9;�'. +:k 3ic:g. ".:.Jf�}
(Q
Ul
A � "� -r „�ga, Q 1u• �,) -, � - tx s o r - z c a � �m n - -t
D
Oy
21"
A" . ..... .. ..
------
------
j
j,
..........
F 11 ,r
.. ..... ..... ...
x0,
aw
C
0 0
oM
cc
00
X
ow
---------- :
!"Nq
z, .�,� �.r�s� ..] Sit �'r. 7 +`1L�� �
V3
D
A l
4
WC
V
Page 55 of 96
This Wage Is Left Intentionally Blank.
Page 56 of 96
aeg"
Oak Park Heights
Request for Council Action
Meeting Date. Augug 24th
, 2wo
Time Required. Minutes
Agenda Item Title Social Host Ordinance_____
Agenda Placement Old Business
Originating Dep art ment/Requestor - -souncilmember Ma&,qwenson . .....
Requester's Signature I .... . . ........
Action Requested.___ See, Below
Background /Justification (please indicate if any previous action has been taken or if
other public bodies have advised)
This iteni was re
,firred to Slqf 14
,fond' ne 22, 2010 and is noii heing broi4ghf back with full report
forC'ouncile sideafion and possible action. See the attached documeniftom Chiel'Brian
n i i
Page 57 of 96
„$ POLICE DEPARTMENT
f
CITY OF OAK PARK HEIGHTS
3 t 14168 Oak Park Blvd, N, a P.O, Box 2007 Brian DeAosier
Oak Park Heights, Minnesota 55082 Chief of Police
®r.r Telephone: (651) 439 -4723
Fax: (651) 439 -3639
Emergency: 911
To: Oak Park Heights Mayor and City Council
From: Chief Brian DeRosier
Date: July 8th, 2010
Subject: Social Host Ordinance
in September, 2007 the city of Chaska, MN became the first municipality in Minnesota to pass a social
host ordinance (SHO). Social host ordinances allow law enforcement to criminally cite any person who
"hosts” a social event where underage drinking is present. Since 2007, several other municipalities and
counties have responded with their own SHOs. I have identified at least 14 cities and one county in the
seven county Minneapolis -St. Paul metropolitan area that have implemented SHOs since 2007.
The ordinance is another tool to the deterrent and enforcement of under 21 consumption of alcohol. The
City of Oak Park Heights has not had a significant problem with the hosting of underage parties in the
past; however we do respond to them numerous times during a year. These parties consume a large
amount of time on the part of officers at the scene to investigate and ensure the safety of the participants
and the neighborhood. This ordinance would provide officers with a tool for enforcement of problem
residences or hosts. The Oak Bark Heights Police Department is active in the prevention and
enforcement of under 21 persons obtaining and using alcohol and this ordinance in place could assist
with deterrence as well. Deterrence and awareness of the ordinance can be created by the use of a
printed flyer distributed at city functions, displayed at parti6pating licensed intoxicating liquor retailers,
posting on city web site, inclusion in city newsletter, distribution at alcohol awareness functions at the
SWANS, or other avenues.
THE PROBLEM
Minnesota already makes it illegal for a person under the age of 21 to possess or consume alcoholic
beverages (MS Chapter 340A). Additionally, it is a gross misdemeanor for any person to furnish alcohol
to another person under the age of 21, with certain exceptions such as a parent to child while at their own
residence. We already know that drinking is a serious problem in the United States for all ages. It
contributes to developmental issues, health problems, injuries and fatalities due to driving while
intoxicated, assaults, rape, property damage, disturbing the peace, and many other things, Not only does
it represent a health problem for the offenders, but it also represents a clear and present danger to other
innocent motorists on the roadways when offenders chose to drive, and a significant drain on the medical
system for treatment of alcoholism and intoxication.
Frequently, the police will be dispatched to the same party several times over the course of an evening or
to a repeated address over a calendar period. This can represent a significant use of personnel and
resources to fully process a scene and investigate to determine who has been furnishing the alcohol.
Typically, it is very difficult to determine who furnished the alcohol with enough certainty to reach the level
of which is required to actually arrest and prosecute someone, This presents a problem when trying to
deter the occurrence of loud and disruptive underage parties.
Page 58 of 96
Besides the over - utilization of police resources, underage parties also significantly impact the peace and
serenity of neighborhoods. After all, typically, the complainant in an underage party call is a neighbor (or
neighbors) who can't get to sleep. An answer to these problems appears to be the social host ordinance.
The SHO will make it much easier for the Oak Park Heights Police Department to prosecute those who
host underage parties which will in turn have a deterrent effect on underage parties. The use of a SHO is
a tool to be used with or as needed when other charges cannot be supported.
OTHER MUNICIPALITIES/COUNTIES WITH SOCIAL HOST ORDINANCES
St. Paul
Chaska
Lakeville
Rosemount
Prior Lake
Minnetonka
Apple Valley
Crystal
Roseville
South St. Paul
Jordan
Ramsey
Scott County
Cottage Grove
RESEARCHING LOCAL ORDINANCES
As mentioned, there are currently at least 14 local governments in the metropolitan area that have SHOs
in place. I was able to review several of these ordinances. They were virtually identical except for some
small wording changes from city to city.
BASIC WORDING OF A SOCIAL HOST ORDINANCE
Most SHOs share the same basic language:
• The social host knows or reasonably should know that alcohol is being possessed or consumed
by underage persons at their residence or premises or at any event they are hosting on public or
private property.
• The social host fails to take reasonable steps to prevent possession or consumption by the
underage person or persons.
ADDRESSING CONCERNS OF CRITICS
A criticism lodged against SHOs is the fear that completely innocent persons (such as parents or
landlords) may be criminally liable under the ordinance for underage parties that they had no knowledge
of. This is not true. As the basic wording above states, the suspect must know or reasonably know that
alcohol is being possessed or consumed by underage persons. This means that parents who are
vacationing, for instance (and have no idea that their high school age son is hosting an underage party),
will not be cited under this ordinance. The son may be cited. The only way they could be charged is if it
can be proven that they knew or should have reasonably known that their underage son was allowing an
underage party.
Page 59 of 96
Social Host Ordinance
Attached is a copy of a SHO. This is a model ordinance presented by the MN Attorney
General's office with changes to conform to our city numbering. This ordinance model is
virtually identical to others I reviewed, The consistency of ordinances will add to the validity and
understanding of the ordinance by the courts and public.
Public Education
I have also attached a sample flyer to place at retail liquor establishments, display 1 provide at
City Hall, and display 1 hand out at various public outreach events we conduct. I have
contacted WC Public Health and there may be some funding available to help offset the costs
involved in printing of these flyers and posters. No commitment can be made unless an
ordinance is passed and dependant on the budgetary timing.
Page 60 of 96
ORDINANCE NO. 1205
SOCIAL HOST ORDINANCE
This ordinance prohibits, and establishes penalties for, any person hosting an event or
gathering where alcohol is present and being possessed or consumed by persons under twenty -
one (21) years of age.
The City Council of the City of Oak Park Heights, Washington County, Minnesota, Does Ordain:
1205.01. Purpose and Findings. The Oak Park Heights City Council intends to discourage
underage possession and consumption of alcohol, even if done within the confines of a private
residence, and intends to hold persons criminally responsible who host events or gatherings
where persons under 21 years of age possess or consume alcohol regardless of whether the
person hosting the event or gathering supplied the alcohol. The Oak Park Heights City Council
finds that:
(a) Events and gatherings held on private or public property where alcohol is possessed
or consumed by persons under the age of twenty -one are harmful to those persons
and constitute a potential threat to public health requiring prevention or abatement.
(b) Prohibiting underage consumption acts to protect underage persons, as well as the
general public, from injuries related to alcohol consumption, such as alcohol
overdose or alcohol - related traffic collisions.
(c) Alcohol is an addictive drug which, if used irresponsibly, could have drastic effects
on those who use it as well as those who are affected by the actions of an
irresponsible user.
(d) Often, events or gatherings involving underage possession and consumption occur
outside the presence of parents. However, there are times when the parent(s) is/are
present and, condone the activity, and in some circumstances provide the alcohol.
(e) Even though giving or furnishing alcohol to an underage person is a crime, it is
difficult to prove, and an ordinance is necessary to help further combat underage
consumption.
(f) A deterrent effect will be created by holding a person criminally responsible for
hosting an event or gathering where underage possession or consumption occurs.
1205.02. Definitions. For purposes of this ordinance, the following terms have the following
meanings:
(a) Alcohol. "Alcohol" means ethyl alcohol, hydrated oxide of ethyl, or spirits of wine,
whiskey, rum, brandy, gin, or any other distilled spirits including dilutions and
mixtures thereof from whatever source or by whatever process produced.
(b) Alcoholic beverage. "Alcoholic beverage" means alcohol, spirits, liquor, wine, beer,
and every liquid or solid containing alcohol, spirits, liquor, wine, or beer, and which
contains one -half of one percent or more of alcohol by volume and which is fit for
beverage purposes either alone or when diluted, mixed, or combined with other
substances.
Page 61 of 96
(c) Event or gathering. "Event or gathering" means any group of three or more persons
who have assembled or gathered together for a social occasion or other activity.
(d) Host. "Host" means to aid, conduct, allow, entertain, organize, supervise, control, or
permit a gathering or event.
(e) Parent. "Parent" means any person having legal custody of a juvenile:
(1) As natural, adoptive parent, or step - parent;
(2) As a legal guardian; or
(3) As a person to whom legal custody has been given by order of the court.
(f) Person. "Person" means any individual, partnership, co- partnership, corporation, or
any association of one or more individuals.
(g) Residence or Premises. "Residence" or "premises" means any home, yard, farm,
field, land, apartment, condominium, hotel or motel room, or other dwelling unit, or a
hall or meeting room, park or any other place of assembly, public or private, whether
occupied on a temporary or permanent basis, whether occupied as a dwelling or
specifically for a party or other social function, and whether owned, leased, rented,
or used with or without permission or compensation.
(h) Underage Person. "Underage person" is any individual under twenty -one (21) years
of age.
1205.03. Prohibited Acts.
(a) It is unlawful for any person(s) to:
(1) host or allow an event or gathering;
(2) at any residence, premises, or any other private or public property;
(3) where alcohol or alcoholic beverages are present;
(4) when the person knows or reasonably should know that an underage person
will or does;
(i) consume any alcohol or alcoholic beverage; or
(ii) possess any alcohol or alcoholic beverage with the intent to consume it; and
(5) the person fails to take reasonable steps to prevent possession or consumption
by the underage person(s)
(b) A person is criminally responsible for violating Subdivision 4(a) above if the person
intentionally aids, advises, hires, counsels, allows, or conspires with or otherwise
procures another to commit the prohibited act.
(c) A person who hosts an event or gathering does not have to be present at the event
or gathering to be criminally responsible.
1205.04 Exceptions.
(a) This ordinance does not apply to conduct solely between an underage person and
his or her parents while present in the parent's household.
(b) This ordinance does not apply to legally protected religious observances.
(c) This ordinance does not apply to retail intoxicating liquor or 3.2 percent malt liquor
licensees, municipal liquor stores, or bottle club permit holders who are regulated by
Minn. Stat. §340A.503 Subd. 1 (a) (1).
Page 62 of 96
(c) This ordinance does not apply to retail intoxicating liquor or 3.2 percent malt liquor
licensees, municipal liquor stores, or bottle club permit holders who are regulated by
Minn. Stat. §340A.503 Subd. 1 (a) (1).
(d) This ordinance does not apply to situations where underage persons are lawfully in
possession of alcohol or alcoholic beverages during the course and scope of
employment.
1205.05. Enforcement. This ordinance can be enforced by any police officer of the City of
Oak Park Heights, State Patrol Officer, or Sheriff's Deputy of Washington County.
1205.06. Severability. If any section, subsection, sentence, clause, phrase, word, or other
portion of this ordinance is, for any reason, held to be unconstitutional or invalid, in
whole, or in part, by any court of competent jurisdiction, such portion shall be
deemed severable, and such unconstitutionality or invalidity shall not affect the
validity of the remaining portions of this law, which remaining portions shall
continue in full force and effect.
1205.07. Penalty. Violation of Subdivision 4 is a misdemeanor.
1205.08. Effective Date. This ordinance shall take effect thirty (30) days following its final
passage and adoption.
Page 63 of 96
Why Is Underage Irnnortant Telephone Numbers
Drinking a Problem? e Ambulance. Eire. Police Emergency 9 -1 -1
o MN Mothers Against Drunk Driving 800- 1TS -MADD
e National Addiction Assistance 1- Ielpline 800 -559 -9503
0 National research shows ® Alcoholics Anonymous 800 -245 -1377
that 57% Of persons under ® AkAnon / Al Tcen Resource Svcs, 651- 771 -2248
Crisis Connection 612 -379 -6363
21 rerried
Brid-es to Safety 651- 266 -9901
drinking at friends' homes. a MN Dorricstic Violence Crisis Hotline 866-223-1111
® Nat'I Domestic Violence hotline 800 - 799 - SAKI
® Underage drinking Is a factor in nearly half of ® Nar - Anon Families & Friends 800- 484 -7385
all teen automobile crashes and 50% - 65% of e Narcotics Anonymous Hclpline 952- 989 -3939
2 ® National HopelineNetwork -- 800- SUICIDI
youth suicides. Alcohol abuse is linked to as Suicide Prevention Hotlinc
many as two- thirds of all sexual assaults and e National Runaway Switchboard 800- RUNAWAY
date rapes of teens and college students. 3 o National Youth Crisis Hotline 800- 448 -4663 �� D �,g 1� H e i g ht s
Parents Anonymous /Family Helplir.e 8001- 843 -5437
® Poison Control Center 800- 222 -1222
® Research shows people who begin drinking o Rape Crisis Hotline 800-656 -H0PE
alcohol as adolescents are more likely to ® Rape & Sexual Abuse Center hotline 612 -825 -4357
become chemically dependent. ® Sexual Violence Center 6I2-874-5111
o United Way Community Resource Ilotline 2 -1 -1
® Underage drinking parties pose a High risk to
young people because of the number of USE✓1 N'�'EBS
® Minnesota I,A.DD ,�-,vw.maddmn -o'Q
drinkers involved and the large quantities of e I lero Campaign .j.�ti�. herocarxaBaiQn_orQ
alcohol consumed. These parties Often result - Parent 1lelplinc & Support ti� � ',v.linkup- parcnts.coni
In alcohol poisoning, traffic crashes, property ® Parents - The Anti -Drug -,v%v%v.thcantidruQ.coM
damage, sexual assault, and other crimes and
® National Institute on Drug Abuse www.nidanih.Qov
® Alcoholics Anonymous
VIolence. �3' tivi3 .alcoholics- ac,onvcnous.org
o Al -Anon / AI Teen Resource Services
-V Ni.Al- Anocr- Alatecn- nist).ore
Narcotics Anonymous 1�'E'E4'.rlarriFrinCSOta.Or�
ForTccnagcrs abovcthcin flu cnce.coin
Contact the Oak Park 1- 1eialits Police
Department at 911 to report parties or
gatherings where minors have access to alcohols
' Substance Abuse and Mental Health Services Your call may prevent...
v
Administration, OffceofAppliedStudies, 2008; National
Center on Addiction and Substance Abuse, 2002; and ® Motor vehicle crashes
� Amer'ican Medical Association, Office of Alcohol/Drug 0 Sexual assault
Abuse, 2001. 0 Unintentional injuries
National Institute on Alcoholism and Alcohol Abuse. ® Alcohol poisoning
'American Medical Association, O fce QfAlcohol /Drug
14buse, 2601.
What Is The Social Host Ordinance? 5. Be courteous to your neighbors and Why Is There A Need For This Ordinance?
The Social Host Ordinance would hold keep the party noise down.
individuals (social hosts) criminally responsible 6. Refuse entrance to uninvited o This law was enacted to prevent underage
for hosting or allowing an event or gathering on guests. especially the ones who drinking parties and hold the hosts of such
private or public property where persons under 21 arrive at the door with alcohol or parties accountable since many youth obtain
years of age consume alcohol, regardless of who are already intoxicated. alcohol through social sources such as older
supplied the alcohol. 7. Call the Police for assistance with friends, siblings, parents and /or strangers.
uninvited guests. e It is worded carefully to target chronic
This ordinance applies to situations in which: offenders whose guests' behavior disturbs
• The social host knows or reasonably What Is The Penalty 'or Violating This their neighbors, damages property, over -
should know that alcohol is being Ordinance? utilizes public safety resources and /or
consurned by persons under 21 years of A violation of this ordinance is a jeopardizes their own or others' safety.
age misdemeanor, subject to a maximum
• The social host fails to prevent penalty of 90 days in Jail and /or a $ 1000 Will I Be Held Liable If I Am Away For The
consumption by the underage person(s) at fine. Weekend And My Kids Have A Party At My
any event that slue is hosting on public or H ®nze?
private property. Are There Any Exceptions?
The ordinance does not apply to... a No. If you did not know about the party,
Under this ordinance the social host does not ® Conduct solely between an underage person
event, or gathering,
h ave to be present at the party, event or gathering and his /her parents in the parents'
to be criminally responsible. household.
Y res p o Legally protected religious observances- ® Yes. If you knew about the party or had
® facilities otherwise licensed (bags, liquor reason to know that underage drinking
What Is An "Event or Gathering ?" was occurring and did nothing to prevent
An "event or gathering" means a group of persons stores. etc.). it.
® Situations where underage persons are
who have assembled on private property or in a lawfully in possession of alcohol during the
public place for a social occasion or social course of eniployarient. If My Housemate Hosts a Party in Our
activity. o La«- enforcement activities supervised by a Apartment While I Am Away, Can I Still Be
law enforcement agency_ Held Criminally Liable?
What Steps Should You 'fake To Be A ® Landlord, mortgagee, college, university. Maybe. It depends on what knowledge you have
Responsible Social Host? hotel /motel owner and operator who has not about the party and what actions, if any, you
The steps you take to protect your guests, yourself actually participated iii hosting or allowing took to prevent it_
and others will reduce your exposure to alcohol- the party tivliere alcohol is present.
related liability. if you are hosting a patty where Can I Be Held Liable if my Tenant Has an
persons under 21 years of age are present, you Isn't Underage Drinking Already Underage Drinking Party on My Property?
should... Illegal? Maybe. It depends on whether or not you
°r; 1. Verify the age of guests. Yes. Minnesota law prohibits minors actually participated in hosting or allowing the
2. Control access to alcohol. under age 21 from purchasing, possessing party where alcohol was present.
3. Control the quantity of alcohol. or consuming alcohol. It also prohibits
4. Supervise persons under 21 years of age. adults from furnishing alcohol to minors.
This Page Is Left Intentionally Blank.
Page 66 of 96
I
s "
m W
Oak Park Heights
Request for Council Action
Meeting Date August 24,201 0 __ ___
Agenda Item Clarify i for Public Beuri Review ofliqnor,Tob0000,uud _
/\u)nacox�ot].iccny*Focx
_ ...
_'
Time Rcn U
AuondoY1ac�o�cu1 UldBxu�noxx
`
Originating [)cpadnnco</<cQucxtou /1dm inisUatoo/ cnoi ferYinxki ___ ... ..... ......................
Keouoo{ur x 8ignnturc_ __ ..... ... .... .............................................. ... ____��������____
Action Ru000s{v� Cluo( UninuoU |/cou
. _— ... -- ... .......... ' ..........................................
_-_�����������
Backgrollrid/j uxtifivation(P|eoxeindjuuienuynnc\iooxuo{iouhuobr;n(nkunori[oUIu/pohlin
bodies have been ndvioed\
At theJuly 27, 2010, City Council mecting, the City Council made a motion to set the Public
7feariog oil review of license fees for September 7. YJo specific time was declared, The City
Council ducn not have n regular cu*eiiogon that evening. The fim1 regular City Council cnecth`g
ill Soy1uooburix ScDtuuubor 14,2010,u{7:00 p.m, ']'he Public lJcariog notice that was ncn1 out
has been changed \o say September 74,70}0,uj7:AOy.zu. lucn request uc]nriFyingmotion
that the Public llcariogwill bonuSeptember 14, 2010,xt7:00 p.nn., and not oil September 7.
Page o7o,no
This Page 3s Left bitentionally .Blank.
Page 68 of 96
01 K
Oak Park Heights
Request for Council Action
Meeting Date: August 24` 2010 Tinic Required: 5 min
Agenda Item 'title: Tobacco Compliance Violation - Walgreens
Agcnda Placement: New Business
Originating Department /Requestor: Oak Park Heights Police Dept., Chief' Brian I.)eRosicr
Requesters Signature
Action Requested. Administrative Sanction of $1500 and one 10 day license suspension including a
Friday - Sunday period / I learing to Show Cause
Background/Justification.
On June 24 "'. 2010 the Oak Part: Heights Police Dept. conducted routine; tobacco compliance: cheeks
on all vendors licensed within the city of Oak Park I leights, MN.
Durim the compliance check an officer of the 01 1 1 11 1 .1). \vas assisted by a less than 18 veal old
volunteer.
'the volunteer entered the business of Walgreens asking the store clerk for a pact: of cigarettes. The
cleric asked for identification. The clerk manually entered the MN DI., of the volunteer into the register
for verification. The clerk entered the wrong birth date. which then caused the register to allow the
sale. `1'he clerk completed the sale of a pack of cigarettes. The under 18 year old volunteer completed
the transaction using t �S Currency that was provided by the 0PI1 P.D. The OPI I P.D. Officer then
returned immediately to the store and advised the store manager and the clerk of the offense.
The clerl< is being charged criminally under MNSS 609.685.1 A - 1 violation misdemeanor offense.
The merchant Walgreens has had 2 previous applicable violations in Dec. 2008 & Dec. 2000 to appl
to the look back period of 24 months in compliance with city resolution. The store also had a violation
in 2005 however that violation would not apply under the guidelines of OP11 Resolution 40 as
it is not within a 24 month period of the first violation. In conformance with OPII Resolution 01 - 02-
13, 1 recommend the council impose a $1,500.00 sanction and a 10 day suspension of tobacco sales
including a Friday to Sunday period against the license of Walgreens to be paid within 60 days and
suspension during the period November I" to November 10' 2010 or a I-lcaring to Show Cause on
October 26' 2010 if the merchant wishes to contest the $1,500 sanction and license suspension.
Walgreens management or employees did not attend the vendor training offered in April and May
2010,
Page 69 of 96
CJGIUPROPH OAT{ PARK HEIGHTS POLICE DEPARTMENT
DATE 6/28/10
TIME 13:31:55
INITIAL COMPLAINT REPORT
110702529
DATE /TIME REPORTED: 6/29/10 11:16:99 DISPATCHER: DRKISCH
DATE/TIME STAMP: 6/29/10 11:17:19 ENTERED BY: DRK]SCH
LOCATION OF INCIDENT: 6061 OSGOOD AV N GRID:
WALGREENS
OAK PARK HEIGHTS, MN 55082
INCIDENT RECEIVED BY: DEPUTY
OFFICERS ASSIGNED: 982 KISCH
NAMES ASSOCIATED THOMAS JOHN ELL.IINGSWORTH
WITH TI3IS INCIDENT: 385 IS`T' AV S
BAYPOR`T', MN 55003
PHONE: (H) 651/991 - -5738 (w)
SEX:m DOB: 9/16/1985
ASSOCIATION: SUSPECT
WALGREENS EMPLOYEE WHO SOLD TOBACCO TO A MINOR
MAILED CTTA:f'I.ON 001899 FOR SALE OF ?.'OBACCO TO A I TNO? MSS 609. 655 . IA
W/M
WALGREENS
6061 OSGOOD AV N
OAK PARK HEIGHTS, NN 55082
PHONE: (H) 651/689 -0096 (W) 651/689 -0043
SEX: DOB:
ASSOC TATION : OTIII R
BUSTNISS THAT FAILED TOBACCO COMP. CHECK
BRTTTIINY ANN NACK
931 BRIAR GLENN LIB
WOODBURY, MN 55125
PHONE: (II) (W) AmcgRigm
SEX :F DOB: owmawwWAN < ** J U V E N I L E *:
ASSOCIATTON:OTHER
TOBACCO VOLUNTEER
DARK JAMES NTCHOLS
9382 ROSE BRIAR AV
VADNAIS HEIGHTS, MN 5512'7
PHONE:(H) (W}
SEX:M DOB:
ASSOC:IATION:OTHER
WALGREENS MGR.
DAVE KI SCH
PHONE: (H) (W)
SEX: DOB:
ASSOCIATION:COMPLA:INANT
TRAFFIC TICKET ## 821001899 609/685/ SELL TOBACCO TO MINOR
Page 70 of 96
CJGIUPROPH OAK PARK HEIGHTS POLICE DEPARTMENT
DATE', 6/28/10
TIME 13:31:55
INITIAL COMPLAINT REPORT
1.10702529
DATE /TIME REPORTED: 6/24/1.0 7.1:16: DISPATCHER: DRKISCH
DAT11 /TIME STAMP: 6/24/10 11:17:1.4 ENTERED BY: DRKISCH
OFFICER COMMENTS:
KISCH /482 062410/1230 482 6/24/:
TOBACCO COMP. VOLUNTEER HACK ENTERED WAI.GREENS ABOUT 1043 482 6/24/:
TO PERFORM A TOBACCO COMPLIANCE CHECK. HACK WENT TO THE 4832 6/29/:
FRONT REGISTER AND REQUES'T'ED A PACK OF CAMEL CIGARE'T'TES. THE 482 6/24/:
CLERK ASKED HER FOR IDENTIFICATION, AND SHE GAVE HIM HER MN 482 6/24/:
PICTURE DL, A PROVISIONAL DL THAT DISPLAYED A DA'T'E OF 082510 482 6/24/:
AS THE DATE SIZE TURNS 18 YRS OLD. THE CLERK MANUALLY ENTERED 482 6/24/:
HER DOB AS INSTEAD OF00009M AND COII/jPLETI.,D THE SALE. 482 6/24/;
HACK PURCHASED A PACK OF CAMEL BLUE, CIGARETTES FOR $5.30. 482 6/2.4/:
HACK THEN RETURNED TO MY SQUAB} CAR AND ADVISED ME O1 THE 482 6/24/.
SALE. I IDEN`T'IFIED `1'1'IE CLERK AS ELLI:NGSNORTH, AND SPOKE TO 482 6/24/:
STORE MGR NICHOLS. I TOOK THE CIGARETTES AND RECE?:PT AND 482 6/24/:
t ?,N` ER11,I7 THEM INTO I; V..1DEI\ A COPY Oh `T'Hfi] ] lA SALE !8l 6/24/:
TRANSAC'11:ON PLACED 'IN THE CASI, }':I:Ira (: ADVISED 482 6/21/'
Zia WOULD B! MA.TLED A CITATION 1.�01� SA I? 0i: 'POP ACCO 1'O A M INOR 482 6/24/.
AND ALSO ADVISED NICHOLS OF POSSI:BLE CIVIL 1.'1:;NALTIES TO 482. 6/24/:
l.�I
1ntAL C:RI,1::;NS I3Y TI1l_, C1:'l`Y 01? 0} I1 . :I 'COVI,RED THE MONEY FROM 4182 6/2 4
THE SA.LT AND GAVE NICHOLS THE' CHANGE GIVEN TO SACK. CITATION 482 6/24/.
01 - 1849 FOR SAIJ,' OF `P013ACCO TO A MTNOR MSS. 609.685 MAILED TO 982 6/24/:
FLLINGSWORTH. 4832 6/2.4/:
CLEARED. 482 6/24/:
CLASSIFIED AS: SATE OF TOBACCO TO CH").LDREN M7
*WARN:I.NG *WARNING *WARNI:NG *WARN:ING* WARNING *WARD ING *WARNTNG *WARNING *WARNING *WARNI1
*WARNI.NG* WARNING* WARNING* WARNING *WARNTNG *WARNTNG *WARNING *WARNING *WARNTNG *WARNTI
'. HTS CASE IS CLASSIFIED AS CONFIDENTIAL AND IS NOT AVAILABLE 1:OR PUBLIC INI'O
*WARNTNG *WARNTNG *WARNTNG* WARNTNG* WARNTNG* WARNING *WARNING *WARNING*WARNING *WARNII
* WARNTNG* WARNING *WARNING *WARNING *WARNING* WARNTNG* WARNING *WARNTNG *WARNTNG *WARNII
Page 71 of 96
License Fee: $150.00 license No 545
License to Sell Tobacco and Tobacco Products at Retail
State of Minnesota }
County of Washington } City of Oak .Park Heights
LICENSE IS HEREBY GRANTED TO Walgreens #6916
to sell tobacco and tobacco products at retail at 6061 Osgood Ave. N.
in the City of Oak Park Heights in said county and state for the term of One Year, beginning with the 1 st
day of January, 2010; subject to the laws of the State of Minnesota and the ordinances and regulations of
said City of Oak Park Heights, pertaining thereto, /]
City Council f the � icy of Oak :Nark Heights
Attest:
Deputy%Clerk/�jnance Director City A nif is -ator
Date j December 29, 20()9
(SEAL) 1
Page 72 of 96
,400- 17 -20e9 13:47 P,02/04
STA.'U OF MINNESOTA CITY OF OAK PARK HEIGHTS
COUNT OF WASHINGTON APPReation No, 5 ys
APPLICATIO 1; OR LICENSE TO SE LL TOBACCO, TOBACCO PRODITCTS
OR TOBACCO RELATED DEVICES
The undersigned rosid.oJat of tho )f not Rr k HQ( � in the county
of C�Sf`1f1 Mate of Minnesota, IWREBY MAKES APPLICATife FOR LICENSE for
to sell tobacco,
U
tobacco products or tobaoco related devices at retr l at:
Business Address: 0� i oai Avenue w 1�of m .
Phone Number 66 1 , 6 �1 ° _
in the City of Oak Park I in. said county and state for the term of,—L r- _ begbaning
with the day of 'Cet )v - "..s 0"_ a subjectto the lags c�ftjje St�ite of Mirtzjosota
d the
ordinances and regidations of said (amity of OakParkheights pertainiagthereto, and herewithdeposits
, 7� xn payment of the foe therefor.
J Margarita Kellen
Date: *A %b" �, 20 R C� �k � � � �- ,& -'._Assistant Secretary
S at
b
M Slieet..A caress (Re sidence) r -
-t (-- Cdr
Cit tate, Zip Code
0
Phone Number
Page 73 of 96
POLICE DEPARTMENT
CITY OF OAK PARK HEIGHTS
14168 Oak Park Blvd, N. - PO. Box 2007 Brian DeRosier
Oak Park Heights, Minnesota 55082 Chief of Police
Telephone: (651) 439 -4723
Fax: (651) 439 -3639
Emergency: 911
August 25th, 2010
Walgreens Co.
Attn: Margarita Keller
6061 Osgood Ave No.
Oak Park Heights, MN 55082
Dear Ms. Keller;
This is in response to the failure of a Tobacco compliance check completed by the Oak Park Heights Police
Department an 06 -24 -201.0 at Walgreens 6061. Osgood Ave No, Oak Park Heights MN 55082.
During that compliance check your employee sold Tobacco to an under 18 year old person. The report of the
incident is attached. The suspect employee is being criminally charged under MNSS 609.685.1.A, a misdemeanor
criminal violation. This is the 3"' violation for illegal sales within 24 months as outlined in Oak Park Heights
Resolution 01- 02 -13, Previous violations were December 29, 2008 and December 30, 2009.
As outlined by resolution for this violation the City Council of Oak Park Heights has imposed a $1,500.00 civil
sanction and a 10 day license suspension for tobacco sales during the period November 1. to 10` 2010 against
your Tobacco license. During a suspension all tobacco products need to be removed from visibility by cover or
storage. This was imposed at the August 24` 2010 council meeting. 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 26 "'
2010 at 7pm. ff you choose to waive the hearing you can pay the civil sanction of $1,500.00 and agree to the
suspension as outlined. If you do not wish to be heard at the hearing you need to contact me directly with a
written request that the hearing be suspended in lieu of the $1,500.00 civil sanction being paid within 60days of
this notice and you will comply with the license suspension as outlined. Please forward directly to me a written
notice that you are waiving the hearing of October 26"', 2010 and payment of the $1,500.00 sanction is enclosed
or will be forwarded prior to October 25th, 2010.
If you have questions please call me and I would be glad to help.
Sincerely;
Brian DeRosier
Chief of Police
Page 74 of 96
CITY OF OAK PARK HEIGHT'S
WASHINGTON COUN'T'Y, MINNESOTA
IN RE: LICENSE # 545 TO SELL TOBACCO, TOBACCO PRODUCTS, OR T013ACCO
RELATED DEVICES
ORDER TO SHOW CAUSE
TO- Walgreens Co., 6061 Osgood Ave No., Oak Park Heights, MN 55082
At the direction of the City Council for' the City of Oak Park 1-leights, it is hereby ordered that yon,
Margarita Kellen, or your representatives, appear before the City Council of the City of Oak Park 1 at
7:00 p.m. on October 26 "' 2010 at the City Municipal Building located at 14168 Oal: Park Boulevard No.,
Oak Park Heights, Minnesota 55082, or as soon thereafter as council can be heard and shore czruse, if and
you have, why an order should not be issued by the City Council for the City oi'Onk Park l leights imposing
Fines, Uniting, suspending or revokiri g your 2010 (arid future) License to sell Tobacco.. "l "obacco producis or
Tobacco Related Products as had been previously issued by the City of Oak Park. Heights to Walgrecrr Co.
Specifically, you should shore cause wiry your license as referenced above should not be suspended,
revoked or other sanctions imposed by the City of Oak Park I leights as a result of illegal sales of tobacco to
I minor as occurred on your premises on June 24` € ', 2 010.
Dated this 25` day of /august, 2010
13Y ORDER OF THE CITY COUNCIL
Brian DeRosicr
Chief of Police
Page 75 of 96
This Page Is Left Intentionally "Blank.
'1
Page 76 of 96
i
Oak Park Heights
Request for Council Action
Meeting Date Amwst 24"', 2010
Time Required: 5 Minutes
Agenda Item Title . Winter and Snow Eniervencv PaLkin Y
Agenda Placement New Busines
ne'
" J ohnson,, i
1 —
Originating Departmentl/Requ is -Q- Ai-ice istrator
Requcster'sSignature
, 7 — ------- ---------- . ......
Action Requested
ac
Background/Justification (Please indicate if any previous action has been taken or if other public
bodies have advised):
Early in 2010, the City Council discussed at a work session the possibility of amending our
winter parking rules and ordinances that may allow for more flexibility for residents to park
overnight on the City streets.
Please see the attached summary and set of recommendations as prepared by the City's Intern
with input from Chief DeRosior and Andy Kegley.
Ms. Jessica Anderson. Ms. Anderson will be present to give a short presentation and respond to
questions.
Page 77 of 96
Memorandum
Toe Mayor Beaudet, Councihmmber Abrahamson, Councilmernber McComber,
Councihnember bunk, Council Member Swenson, and City Administrator kris Johnson
From: Jessica Anderson, City Administration Intern
Date: August 20, 2010
RE- Winter and Snow E'niergency Parking
Winter's snowy conditions provides for challenges when parking within ilic City.
Resident's are looking to have parking rules that are easier to follow during snow
emergcncles. 1 he City aims to have an ordinance that does not impair snow removal and
is simple to C1116I'ce.
Current Winter Paarl6ug Prohibition
Section 1 101 (Attachment 1) of tllc Oak Part: I leights Code of Ordinances diSCUSSCS the
current parking limitations for the winter months from November I" thrOL121i March 31"
optic following year. No vehicles c:.m be left standing or parked on the strcet.s ofthe city
during 1 :00am and 6:00ani during this time period.
Current Snow Emergency Parking
Section 1 1 17 of the Oak Part: I leights Code of Ordinances discusses the current snow
removal policy daring a state of'einergency. Please find below the paraphrased ordinance,
please find attached a copy of the Current ordinance for a more detailed description of the
snow emergency ordinance (Attachment 2).
The Mayor €nakes tile: declaration of cmcrgency that can last up to 72 hours. No vehicles
can be parked on any street from 1:OOa111 to 8:00am. Parking can resume after snow has
been removed until otherwise Iarohibitcd. Between the hours of 8:OOam and 8:00am of'the
following clay parking shall be only allowed on cvcla- numbered addresses. Between the
hours of 8:00,1111 and 8:00am of the 161lowing clay parking shall be oily Billowed oil odd -
numbered addresses. If parking is not lillowed on one side of street, due to the previously
discusses[ provisions cars may be Larked on that side of the street only during a snow
emergency. Parking; is allowed in front of businesses during an emergency unless
hindering snow removal.
Similar Sired Cities Snow Emergency Parking Evaluation
Listed below is a view of language from ordinances of five similar size cities to Oak Park
I leights.
The City of Delano, Minnesota has a snow emergency ordinance. No personal Shall park
any vehicle on any street, avenue or alley within the boundaries of the City, expect for
Page 78 of 96
bona Fide emergencies, between 2 :00am and 7:00am from November V through April
I". It is unlawful for any person to park a vehicle on any street or avenue after continuous
or intermittent snow fall during which there has been an accumulation of two inches or
more of snow on any street until the same has been plowed or removed frorll the full
width of the roadway.
St. Paul Park restricts parking in general for snow removal. Section 66 -39 is a Parking
ban for snow removal. Between November I and April 1 next following, no vehicle shall
be left standing; or parked on streets of the city between the hours of 2:00am and 6:00ain
on any day. At all other hours during such period, on- street parking shall be permitted
only when such parking sloes not interfere with the removal of snow.
Wayzata has a snow plowing and removal as well as restricting parting. Ordinance
303.01. states no vehicle shall be parked or allowed to remain upon any street within the
City in such a manner so as to obstruct or interfere with the plowing and removal or
snow. sleet, slush, or ice Iron said street. 301.01A restricts parking, No person shall part:
or leave standing any vehicle on any public street in the City of Wayzata commencing at
2:00 A.M. alter a snowfall o1'2" of more in depth has fallen. The parking ban shall
remain in cl ect Anti] the snow has been removed.
Circle Pines defines parking regulations during snow removal. The snow removal period
is a defined seNcnt.y -two hi)LIrs alter a two inch or more snowfall in the metropolitall area
of Minneapolis and St. Pahl, according to the United States Weather Bureau. Iiroi»
November I" to April I no owner shall earl: or permit to be parked a vehicle on any
street between the hours of 2:00 a.rn. and 6:00 a.m. with an emergency parking permit
issued by the Centennial Lalws Police Department. In addition, no owner shall park or
permit any vehicle to stand upon ally street ill the city during a snow removal period;
provided however, that subject the parking restrictions listed above, parking orvehicles
may be resumed on individual streets as soon as all snowplowing oil that street has been
completed.
The City oC Bayport makes it unlawful to parl< on the street after a certain amount of'
snow. Parking of vehicles Oil City streets is perinit €ed during the winter rllonths, unless
posted otherwise. I lowever, vehicles parted on the street must be removed after a
snowfall of 2 inches or more, until the street has been plowed curb to curb. Vehicles that
do not comply with this regulation, or that are parked on the street more than 24 hours
may be ticketed and /or towed. This regulation is similar to the larger cities oi'131aine and
Bloomington.
Possible Ordinance Changes
After examining the rules and regulations of other similar sued cities there are some
possible changes that could be made to the snow removal ordinance.
Page 79 of 96
1) Instead of having the Mayor declare an emergency due to snowfall, a declaration
of a snow emergency would be declared after 2 or more inches of continuous
snowfall.
a. The City of Circle fines uses the United States Weather Bureau to clarify
their snow removal period. Several other cities use the 2" marker for when
the snow removal process must begin including Delano, Hopkins, Golden
Valley and Lake 131mo.
b. The declamation of an emergency has the possibility to have a limited time.
A snow emergency could be in place for a certain number of hours (24.,
48, 72) or until the streets have been plowed curb to curb. In addition it is
possible to make the snow recluirennent to be either continuous or
intermittent.
c. Using the 2" measure for snow removal needs allows residents to easily
understand when cars must not be parked on the streets. Residents would
not have to be notified by '1'V or Website alerts.
2) Allowing no parking on streets after a declaration of emergency until streets have
been plowed.
a. Similar to the Cities of Bayport, Blaine and Bloomington this ordinance
allows citizens to park on the street once snow is re)
h. This ordinance has the possibility to have a limited tinge. A snow removal
ban could be in place for certain nun)bcr of fours (24, 49,72) or until the
streets have been plowed curb to curb.
C. f'lris language: may allow residents to easily un derstand what the parking
restrictions are during a snow emergency or snow removal period.
3) Removal of the current winter parking prohibition.
a. If changes are made to the current emergency parking regulations, the
winter parking prohibition may be competing with the new regulations or
be deemed unnecessary.
Staff Recommendations
In an of fort to make snow removal and emergency parking understandable and
enforceable, these are recommended changes to the Code:- of Ordinances:
An addition of a snow emergency ordinance is one recommendation. After 2" of snowJ'all
the snow emergency parking regulations are instituted. During a snow emergency no
vehicles can be parked or standing on any highway, street or alley in the City until the
street has been plowed curb to curb.
In addition to the changing of language for the emergency snow parking, it will be
recommended to repeal the current winter parking prohibition section 1101,03 11
(Attachment 1). With the addition of snow emergency parking regulations, the current
winter parking prohibition is unnecessary.
Due to the recommended changes, section 1117.05 (Attachment 2) of the Code of
Ordinances would need to be amended to state: No parking on city streets until the
Page 80 of 96
emergency period has been expired or lifted. Section 11 17.06 (Attachment 2) has been
recommended to be repealed if the recommendations are implemented as they are no
longer relevant.
Attachments:
Attachment 1 - CC: 1 101
Attachment 2 - CC: 1 117
Page 81 of 96
Attachment 1
IIt ?l
RL IJIATIONI UI MU'I'M Via IIC:L "I:;S
nN 01MINn1 U', (:fl= lvl()'I'()lt VI.,III('I "I;S UPON) "1'111;
5TRY.`,FT1 ' ANl) 11RA lWAYS (W "I'1II. ('l'I'Y OF OAK PARK HEIGHTS, WASI IINC;'I'ON
C.OUNI'!'1'. 1iINN1:,5O'1'n. nNl7I'Itt :)\ II711\ €(; I&R PLNA111F', FOR VIC)i "n'I'IC71\€'I'I Il.il l',OF-
'}'I !I.; (.:1'I Y C. OUNI(11. OF l'I {I: ('I"1'Y OF OAK PARK ! I l,JGI ITS.
I l () I . {) l
l;xc:cpt For vciions 16I).(12., 169.10. 169.1 1,;Intl 169.66. iMinncsoia ` ,'Ia(utcs 196),
1 0 1 ), knotv !1,iti Illy 1 li },I)c\ay'1'ia!'i €c. kct;ulnlion Act as mil wkl(14o by (he 1mvs
of I () - /O is hurchy ndopicd a:, dice 'I'rallic: R(.;illkidor Ordinance of'dw (..ily ol'(.),tic
151 koit,;, " shiill}Ion ('c 1"My• {Vi!!ln son. I ivory provimion C'UlllNnud in the SM
.Staluw iti ;Intl nmdc n p.,11 (}f skis ()i'rliwnwc by ils i f !uIly
�xl Ei;r hwvi!r.
\!ci \ cllic.l( >:I)<111 Inc cfrmn II)c'pm at a ;;Ix u in i'x(om cif tl o y pp mil(:ti p flow
till 00y km which a dil'JCrcrit spud Ilan, not het'il csm blHlc;d !.)y tilt'
1, IfiltilllStiiUl1(.`!'[} Illil `il)�'illll(1('.!'11�1!l 111E 'sOtnSitlltllli5,tilf) <l. ( �!liiilVtiti't',i'.I1><�il('!'f;
n d1i ;llccd i.onc has hecn sn (s;(al li;,llc:cl, and sit ?,ns httvo.. hec'n poslcd C >Illillg
attenllion Zo �tic.h xonc, !it) vchic.ics sh�dl N dri\g!1I in lhu City ok)a k 1 mRI It:i,;ht; nt
11 spek.d ,;rclntcr thin Ihrt iildiul('d o finch Sir ns.
€ 1131 t):I I',lrl;in;.>, itc'!.i.tlnti(>lts.
A No vchick TO 1)c pa?N! on nny str o 1'(il' [Ilc pi1pymc [71'(iylnl'ill,z ii li)r
%stnhlishod �1 dish to bo known as Ills core, (:sicd district
w lhin vyl (Ilc rul(!s wl for}b in this suction shall bc' in lorcc. 'f'hc:
cc)i11 (:stc:il ciis;t! ic;[ sh<lll bi cic;si!!nntccl by resc)lutic)Il o' lilt ('ity Council S'ronl
lime. to ti!11L'.
C:. 'file: ('hic l nitly esmblish "No Truck Pal icing , Zoncs in the co!l,;(:slcd
di.5ir'ici mid sf)<111 marl: Q appropria(c sins nny'smas so emablishcd. Well
zones shall he cslablis ed in the cmgcstcd district \Awm heavy traffic; by
wnlmcrcild vehicles or c)lhu traffic: ec)rlgesfion iiiakcs parking by
conliml rci<ll vehicles a Wall to the silty ofvc:hicics or pcdestrilllls. Na
pc)-on shelf Imrk <1 c,onlnlcrcitll velliclo of more limn one loll capilc.ity
Page 82 of 96
hciweon 8 o'clock a.m. ,md 6 o'clock p.r!t, on ally ulx)n nlly stivd in
a!ty "Nct Truck
I'tu kilt, " /.OIw, but parking ol'such Vehicles For tl period of not Ilion` than
lhirly (30) Ininlltes shall be per €nitt d ill such mite Rv the pure c of`httvin;
,wens to abuH in;; properly when such access cannot collven!Cllt ly he secured
f!'onl nil tlllc-y or Con) tt side street lvhcrL', truck parkin' is not so rt n.iclod.
i>.
.1 1)( (.'ItiL l or 1'c) ±e nmy dc'dpan Certain 1) NTs within the cn)t,;CSled
L!isfi•ic;E :1�; ihii (3()) inii" cs, one - (I) Kim - or Iwo (2.)ho!!r!intitccl parkin';
/,oric's mid shall nlnc by , Ippropriale sir;ns illy runt's so eswbBhCd. Soch
xclnc s,lt ll! he csIn[) ishccl in illy corigend tiiStHO wltcrvor nccx:s:;ary Me
c:c,!tv<::lic:llc:c` of , Ow. public or to lllininlii,c Ira)flic hnzards and to pl n
frcc I'low oflral - iic:. No panom slMll ptlrk any vellic-lo in Iny linlilod pnrldntz
xaw intwan We houm W t)'itlnL:l< n nl. rind G cllkink p nl. of tiny "mck dM1
€ilr a In11gu pct Wd Ihnn is :;pincined ern We signs nlnrking si ch zone.
€xt ('IIic,Cn( l 111<ly L'tiE:ihIish ill c iic 1) bloc k in 11) C cong.csicd di:;tric is o Iw
to ndini? /.olles and :;hall n1ni k h>l itlll)1 01)rifltC ,`iii ilS ;W1 ' /iil'ii: S41
cr,t: l)lishc:d. Such knits ;bill be lo calcc) ;II pk;c:c's roo!,t convelliew lo! thr
fl`;L' X31 tltc pWIc m, rc.I;Ewd to Irapi!: c:omlil ons in t!tc' 17kwk. No pxar>;si
hl!!i, be l� c c r1 Ihc: houir< c ?f cl'c odx cl.lt,. and (i o'clock p.m. ol`,llty >,veok
d,ty, il:,rlc a!ly \10)iCIC 61 any loadhig; stilt: cxc:Cpt loo Iltc: purposL Lll rL'cc i� i!1;
i)I'ii15�:hElr4 l!7! ?, I)i3.Sti('- CIf,CrS or f rui,7Il1 alld then only lot' it pc'.r!od no ] olli C Ehan
is nLt;('ssa y Io) lhc'. diwhilr!;C or vccclpl of ' such passengers or fl'('. phi.
I . No person shnil trial a v<lhiodc nn nny sirclet irl ille c olli.icsted distlJct So aS to
rovel'SC ll`i dhvc(ion.
(;. l he ('hicl of llolic(� ntily.. \vhk vCr Etcctr5sar) €c? pre c'rvt� <1 frcr Clo\v c;i
trallic or to prcl.ve�nl illlcE:SCC:Ii011 Within 111C
L:c)ili3cstr.cl distric:l cis onc: whare the inrnin!z of MAW to dw 100 or in iho
ri hf., or 6oih, is to be rclmric od and shrill ivin c by apl'lroprit) e tii+t" nnv
ir!fcrsc:c.tion so sic si!?nttted; I)tti no intc:rscc.tion oil a lrkink hi;zl!v,ny shtil! bo. so
cirri! }ltlticd until flu; colts rii onhe Swe Cominksioner of Highways to such
eic ;if,naiic }!1 is obtiti €lid, No person shall tur!l tl vchic.le ill a!ty such
i nlerscclion conlrary to Ihc' dircclion.s nil such signs,
! i. h,�i!llr:r I <lrkin!� 1
I�c'l� 1c;c1!l Ili(! Is( day o3`1 ovcnlber nrid Ihcl 31 st dny oi - Nlu - ch of the 16110 \Vises
yt:rtl no ntolor vchic.lc duo he left stmWirT or pdwd on we strt'cls of MC
(;ity nCOnk i'arl< I ieigh €s during the Itctur.s of 1:00 o'clock a in. niv 00 axi.
Ariy vehicle wilich tiltal! be lcit parked or standin;; in violation cif flit.
11!c)visin115 llcrcol'siltlll I)e renlovcd Nt/itl)oul nolice to lho ow ncr elr operator
Page 83 of 96
by the (laic Pm* I KIM I MO. ()t• p(,rsorls cnployccl by than "Wh
Sa W
%Thidc being stored Al (lily aplam•c)piai(i p1 aci°. AH necessary (;osts anti
cxpcnsc:s o f loti>,fing rcn)ovin ;, tnld stnrin .> cli`suci) vc )ides shall f'il:st vu paid
by the pURM claimmg to v(:hicl(; hcl hcfbrc, the: rc:lcilso of sal)1e.
I I U 1. 0 l ilro(1;?.I) ilrcits.
l;vc.r)! (Irivel of a vchic:le 5Ilall bl his vc;hicic lc) a fuH slop belot•(, ctlierin`; 'Illy
Ihrotigh strec;f or stop intersection propci dcsif n;ilccf mitt posits( as sus ;h, I hrout;ll
sums tend sop hversecl.ions shall ba slosh >,n<twd by resolution of the (lily ('ollnc;il
Cron'S 11n1c tO lll)il`.
1101.05 i;yt „.Jsc ut'.
No pawn shall clrivcol•opc olc n nolor vchick on any ytymn writilin Te (11, unless
dish motor vc;hido is OquippNI "Ah <i rilidi)cv in ;zood %vo)killgorderanl in constant
Opt) •alion to l)I'evo)t (�.xcvssivo o r ctn3ismil no'isc•, it shall lx ;n)ltl fi11 It) Ilsc r1
"11 €111cr cln oi.W on any Iiloior vc'hiolc cllwn ally `;tick `;nv(�l.
1''0t,Oci Illn)piiir i:itic: >.
No hci l ':irtil rill{'. In ol Itlllip inic; (!1' 11pon any vchi('Ic NviI hom thu col'riclll c)I 111c'
irivc r: ;tnti 1)c? l)clrs;c shldl, 1-vl 11 ridini , allow <Iny part of t)>c body I,) pr Acct heyonl
Ihc, lin)its ol'illy 1 vcdlic,ic; \ hcn siz'rlaiing? 1 r(vyuired by 1111v n)r tihall
ally liclrNln M nvd of 14111 ?ht l3'oil). no) hang onlo any 1)iulol vchi0c° wh(,ll such mom)
vc:hicic is in nlotion. This provision shall nol Ilpply to any persoil v"hose
':nl ploynlom n)alccs ii llr:ussary to vicIc in or nil a vc,hir.IC oihcI c Mall hcrocil
l: +l(lviilc`<l, vilc'n t n,!.as;c:c# in tllc Il(t:cs!,111• dlliies of such cLinploynl0..IIt.
1101.O'/ Iar���I.;,rnc� \�cllii�lcs.
'I•lIU t,pc d lin)it ell'•.his Oldinancc. shall not apply to vl °hi ;;lcs hell opc.ra:cd
with (lilt rc,'.. I'or sal'c:ty. Ilrldcr lhi: clircclion of peace {iflict,rs in the cha�c or
appl•c'hcnio€t ol' viololors; o1'ti)r to vv or persons chnq ccl with ol suspoc iecl of,111y
such violaiiorl, or to I lrl' clt:Iislrtllaerlts or first hllll'ol vc'hicics whorl iravulin g in
msymme Io a Ike 7 }Is l1'arl, or to public' 211))ii111i131CCS {n cmc'rllCncy llse oi' scrVicc.
I M1'08, l'rnaity
Any pem vonvidad ui'ndming ag of the pnvisiolls ofthis orciillancc shall be
1�tlilty of<) n)iscic:tnt l)n()t anti Al"111 he punishod by n fine t11'rlot to c:xc:cccl ninety (90)
(lays € 71 - both, hilt if a nil #ntnl) fine or inprisonnlcrlt is yac:ribcd by the Stat0
l ii „h\v;iy Tr, Act fill' an off - 61st., silch penalty shall apply to a pt.rsml convicicti of:
Q sans oflc.nse uncicr this (10nu)c.e.
;3
Page 84 of 96
1117
AN MEAN AIWCI? RIiI,n'I 11qG IY)'I'I Ili PAR K.IW; 0I' VI-.111C), I:S
T1 If', CT FY C:(:)UNC H., 01;T] II-: CITY c }1: OAK PARK! II.,ICiI H'S, WAS IIiN-' 1'()N ('MJNII ! '.
b11N;N ',S()Tn, 1}01:S
1 117.01 17t:1i1)tiii)ns.
As ti >,rll Itt rctil7. Hie lk'nw
A . "Vclli(;I('" mcwl3 airy cli\'icc ill. ttpc)I). ol b) which any per"on c?)' projacrty is
)r nmy be trutsported or drown upolt tt hi,,h\wa�'- (s,m:opt (1(n ccs 111ovccl h)g
htlwi; t powc ۥ or }isc;l c:xlallsiv ;.ly 111)()1) iloiiOIrlr> aril ur t;'<tlt`ts. i}itc!
" SE E "itll'�IIL`i itlsY .Slf'l'C'I, i}Vl'itiil). pI(tl:('. [11'I Pi - ', OI' iIIlF t)1 h ])111)111: \V } }1' Ift the
#, ily of CMk 1 1 1C1f;11 €5.
• I'hcn , .. he iio Ir.!; .!e imy Iirw [)I illy' 1'4`111(:1.: ;Il ill(' 1ollmvin! li[i•ecl Il}Ci!11l)lt';
ill the ('it)' (A'I)rll< I'i €lk I
A ;ollih :;idc off hh ti:l'ccl lv[s €th.
I's. Sl)(Itlt !;icll° (I l"p[a (pit Str(:W NOr }h, "To 0 F PUN Av"uc.
C. ;[)tlth.%idc ol'0ircl Sl i(.'l:l Norlh.
!ii;1i 01 i'illil Avi lm
I; [ %Jorlh si do (J'62 1(1 ircai North,
I'. 1'ctlatl i1\ Norlh ! 1 0 li'r.f ;;,;lac !'rom S SIrvkm INhwlh. 1:w ;t st[lc fmilt
O )th .S[rl'c!f N'o €;r f ippo.:r 61 s S lrl'c'i,
Gi M'. S! si(I() [)I'SI�1!rc;r.[ Itch 1 i•ai1.
It 1300 WE rMH 121 d. mnv cltliatcl %h Sum Nook %VcM oFO5.
I. Vvcst sick oi•1 Menu )\o}•tll,'Nol•il) ol'j k lc•h Rom] Nord).
1, 1;11sl side ()I ()l incla Avt., t w Nlurlh.
IC. Bolll sick s offlim}ha Avl;l) }rz North. I 6 ,th Sircc't \ol lh to tl)c) alcild c:ttcl
n= itr the S1. (roi\ 13ovvl.
Page 85 of 96
I I TIJA lot P.nrking ior '
No v(Jiieloshall he parkc'.d ol - inny slrec[ in II)c City of Ch1Ic llnrk I morh
than iwon�y-d'oiir (2/1) cors( kmi•-s-
I P.0d
\Vhcrwvcr, in the upokm uF the Mayor oC the My W Oak INS I highm ail
com cNisis: ill IhQ Ci-,y. ur ill tI skciion ol scetkms lhol [1ccatisc ol'smm..
f'l roin I ccl, ice. or wher Ilawral %Vhi(dl crcalc- ol JIV
likely to !)iIzardcll road colldkions or likely to inlpcdc. 111t; lies
MOVel)'IcInt 110alih. polico, or the md'et)
and tvc1lan" o , Ihc: cull ill till ity. the M - I 'or may dcdarc an t:Ilwr'Icncy to exists 1`61 n
p("riod ol (72) homs, hut such snorgericy may by sMA"• Wynmcd i
coll(h6olls lwrlllit. f I'd)e fVjay()j- is aj)Ijc'.jjt Irilnt tjjc Cit Y Of is Unable 10 �ICI, dW Mlid
I dc.cInrcd by any iwo (!?) Incluburs 0 Ck)' ( oullcil, Xk)tico of
.Such ciller shaH he two by Wo. te levision. or plot s. which iw - 111c'(Iia Slwl I
bc )�c liwslcd to coopuse With we I , Y 0m•iak aml WNM !?,An olch MOM AMH
(111• and proper atria. 1 16d notiec shnll s'pc-cii'� the howl dml
c0MnItIIIiCC!; ;Ind 111cl sh,11 I h( on iwory d ol'nl hill Si,\ (0) hom hcl\vc(
lillw Jw-,[ rmlicc: is
) 1 1 ri I i z S<t pc I - io d k )I c ttr.l. n N c h i d (: J :I I bk pI r k c d t r I c I :i I < l I I( II 1.
till ,My i� ()nj 1 : A.Nl. to E 010
'I'll(! k1l't'dii(Ics dirk'cll1i ill 1'row ol'oll oil
tlic (Icscrilwd street; slid ClIl("I hutwml 111s hours of I M)
A-M. ;lnd x:00 YUVI. tvill not he prohibited m)drl sccliol) I 1 1"7.()•1 ol • lllis
01 if t h e owll( 01 01 of the vchicle i:, inside the train!?
csI,ihji!,hnwnj �vhlfc A is pattaL mid is amohic to movo sm veNck i i:;
oper<lliors, 11 thk! otNincl tot o1wrilkv (iocs not
1'��.movc I lis vchic1c town rowlemmi by a PH& onva (g a (VY k'mployt'c
II} I'CIl1E'sl'IIIr; tiIlo\t, :ioid vchi('It� mat b" lv.movn� as pl in
C.
has been 1roill lhcx: cm, as may he wher"Asc restricted
by 01'khll:MCc.
I 17.06
Page 86 of 96
1)urirlgz the poriod ul cnlcr ?ellc:y. "IH vc:flielcs cell s;irceis. :lvcnucs;, pinecs, mid
drives ol'ille ('i(V o! Park l lci17his slulll ho. pnrkccl ns Iti1ln��s,:
A, All vehicles on sumcls, avclulcs. I'slctCCS. ,u)d (drives oCihc C'ily ON)ttk llm
I lei:),hts. I)ctW"n be llclWS c)f'5:()E) A,NC ;tried 8:00 A.M. 01 suecetclill,!,
(lav, shall h(; parked onIY on III(' :�icic ul' the sts'ccls, clvenucs, phices. ruled
,hives hcarilli. c,vcsmmtlmbcmd lillit I Stows I'c)st Wce ;ulclrc;sc:s on cvev
ntm berod tlllvs ol'l lc nlclnth.
13. All vehicles cm sI ts. ;1vc:luIws;. 1)lo(xs- oned (drives oI' the C'ily id Oak Park
1 Whin hct\vc n (llc, I1l3Ili'ti o) '8: A,Nd, on d i' :00 A,M, of idle' >:tWcc'c`cdiil;!
day sh!'ill he pnl oill) oil illc: s;icit' ol' strc:ciss. n\c°nnc:s. pincc.sti ailed
EIl ivcs; brrlrin:s. Odd nflmlwrascd United St;IICS Posl ()f li ;iciclrcti.ses on (Ad..
Ilililll)l'rl.'(I days c)1 the I1 onth.
{ . \'Vileiv paddn is; a rnlnll� pc€milt(.'d only oil orw sicdc csl'tlw : ;ucet. vdli(+t
pal purs;u;lnt Ic) !hc':kli)rc's;;ricl pr(wv - oil) 111;11' Ile 1}tkl I;c'cl cell 0m[ s;icic, ()I the
:;ticc•c ulily.
hr 11li1'itIII!'. Cal VCIIIC fCti Ur, Suc('is cfln ?n'.!. [lit perkE,d of SR ill t'113t'r,1,c'11t' \' I11;31
I1r ui;rc:lly i:1 ii'Oni E ':r,ls.il p €,lc:c, ahnillf!. bcl;iltc:a:; holo'; will 1)o ha'
prcihiisilc•cl tnlEc's;s; tllc vehic k, ill €rom c\1 , ;;lid hnsilic s > c , €;il )lis;!inlc Ell i <;
liirlcic'rill ? m: c w renlov:ll.
1 € 1'l.t)'/ I�t:nlpi 1 €_�� �7;13 l�c;�u i�:tic)I�� I[t)I ?( >s�ci f�)• fhcs <.' #ii1 ! c)I� I'ullcc, lilt the. {'itv' c)!�
l fc il;lll f hc• ( hid ell Policc: Coe 11)(: ('ily of ()<Ik Pdrk 1 ic'ights mn
illlpc W111poror) I )nrl<in, re.su'ictiollst ill an\• nrco ul ('ily Ior ill Icy li)rtv..c il!.Ill
(=18) hours <Is €ruly he I umivr cilhcr or ;m) c)1'1hr 1611n\\ in.!, circuslisi3lncc:s
nncl i1111sEclnrnlinsz the fulled vin!. pl'cu'ecdul'cs:
A i "rf l'iwilk(lic• the: I)u lic ti,llt't1 he;11111 onci cvc`iltile c)l I;;sicicsllts (0
(My c)1 t T lsurk I lrigks; 111X1 Mc: c:cln nunky sllcltllcl Ills• ('llWc)1 Plink
cic,it:rml llc: Iii %11 ;i lompc)rnry In lv r mi-ic:l ml itllpciwd \within flit• goal
nei;zltlx lhoild urclis;triu; o) '11iu ('h) is resqut lc:(i becousc of Oignilic:;'Illl
ir';ink Anp oing cVeld; such ;1S ;liii;Ul' Sportin"', cv('I11S. Civic ;IclivhicS.
pul)l lc' ivorkti )11%ijccls ol• (diet' civeiw; 6hol will 11"li c 11 s } 1ni 1cnul 1111p"Iel oil
tlnflir. circ:itl;llion anti Ilc1i Ihi b t1 ol I1L�i,�Ilhorhoo ds; ill
Ow (,.11v o (bk Pot 11CIN aS it re:iuh of such an ev(`ni 1110 Chid i n)'
impose parkin; resu'icfdow",
D. \ l .Slick Icnip>r1r) parkin;; rc:slriction.s stet: (lc:cklrcd by the ('hic:l
P diet in 111c Udy c)RAW 101 1 it`i€!ha n UYWg parkins), Oyu now
lociitc,(I \vilhin 111c amn m he Wmp wy rvst6ciecl shn11 he cclvized and
lemporary si;zrts f:st<tl>iishillc!. Ole IonVorar)- no Iml <t restriction sh<lll he
3
Page 87 of 96
pc). ed throughout Ow n0'ectcd nivw, m Ow bc -'illllilw oi'sml)
rc'ql•icit d limc ill)d removed and collecled by O Cily '11 tilt! CIld oj)h(�
pill 1 Onw.
MY dam An he powd at we MIHC Ndwin twuld Rw to (my 01
PmT I NOW a Wx by to Choramice dull he has declaned a
WmIlm'ill'y parking rk'strictioll. idc'niii )�klg [lie area or w impacicd by
the wmpoi roirioluw the (Kies and WmeN and hMHN ordw who4w.
;lull i h C p k I I I bl whic I I I be rc.;tric I ion is hei I I !,.I ill I posed. (.Cop) of
n olice. \% I I a l s o I provk I c d to (110 1 )ilvc: I ol ol I 1 t I I) I ic \Vorkt, a n (I p kl I) I ishod
in a ](�!?a) 1 Csiablishcd by the Oiy o1'0A Pm I
1 11"7.!)<i Rc
A. Any vchick \•hit•li shall he 101i Iml ol stamkn!. , irl viokllioll ol 1his
Oldinanck may I)c sunlllill6ly reuse v0d wilholit lmlicc to the owner of
opc'l ator 1 o Hlwcrs (I I' t 11 e lobe(' dc'Im 1 nlc lit lll' I he. Cil)'o['Oid 1
persons cnipl oyu'd ol h)� al)d :,10]Vd ;1l Mly i,'IlC
All lw.ccssary co."Is i111(1 cxl)k'!ISC lvinovill!! ilild slorillsl o�'
- -,oll or di
vchiclu:; � ;hllll be ill 'I to Ih(' pel
pc:r claililin 111t• v('Ilicics bcl'oro lvk.;Isk of' 111k :;OIYW
Ilk C! i y of ();ik I'm k I :;Il il I I Ilk rt Ix' r('Spkwsi N c [61' ally , killmgc io
:;ml'. vchit'.k!';
i I j 1.09 Vjohlliorl,
11 0:111 he lliflaL\ 161 ally firrl)., pQrsoll. or col to allow, mil'i c; i ur
Penn 1 11 ;1l1); vehicle operawd by ol iii dic monc (',I' such jwl 111 or
corpor;ltiojl to bQ pill col);nlry lo (lie provision; ol•lllk ( )rdillalwc. Thc
4;11 vchicle. oll ;l public: sheet ill 11w ('it,i- ol'Oak Iliuk Ileitthis, jmll od k:kmu
d• plvvkiorr, of lhis Ordinance'. 'dwIl [• prilll,l jacic cvidenc(' lllat the
uwlwc o C S: I i ( I vc. h i c 1 0 : ; 1 1 1 ) 1 1 1 i I I C d 01 d L l I ha I 1'il.�20 t 1 1 C t 011l I nis.sion of t I ic vio I a I io I),
A 1)) pc rso 1 1 . f o I - c o r po r;l I i o 1 ) v i o I H i n t , I ho l )1v v i S i o I I s o th Ord i l I i I I w c s hall bc
i I ly ol a 11) isdc'montlor and upon Con vicl ion I 11cl f H he sid cct to n I not
I lundred Dollars (S700.00) Or il)lpl-kon)vwn1 nut nincty
(90) days. ul hod),
Page 88 of 96
Oak Park Heights
Request for Coun'cil Action
Meeting Date._ August 24th, 2o io
Time Required.: . ...... --3-Minutes
Agenda Item Title Carriage Homes Development – Tax Exempt Bond Request
to Reduce Certain City Fees.
Agenda Placement - - - New Bus' ess --------
Originating Department/ Reque Eric Johnson ,QftyAdI11inistrator
Requester's Signature
Action IZequested.
Background/Justification (Please indicate if any previous action has been taken or if
other public bodies have advised) -
Mr. Nolde has requested a 15% reduction in fices from the City's, Bond Issuance fee of J% of the
total issuance. (See attached letter)
That City fee is calculated to be $14,790,000 X.005 = $73,950.00 (subject to final figures).
These dollars would be placed in to the City's General Fund.
A 15% reduction would reduce this aniount by $11,092.50.
In the past, the City has only reduced these fees for VSSA due to is "not-for profit" organization
status. Mr. Nolde's development is NOT a "not-for-profit" organization and there is not an
irm apparent basis for the City to approve the request, however the City Council may
reduce or waive fees at its discretion.
If the Council does decide to consider any reduction, such reduction should be only granted after
the project is fully completed and should be tied to specific project performance guidelines such
as no incidences of storm-water management violations, maintain clean roadways, operating in
required hours, and other reasonable considerations to be defined by City Staff.
Page 89 of 96
P.Q, 119
P
P STILLWATER, MN 55092 -0119
651430 -3081
a
Anchobaypro, hic
Oak Park Heights City Council
CIO Eric Johnson
City of Oak Park Heights
14168 Oak Park Blvd. N
Oak Park Heights, MN 55082
RI?: Tax 13xempt Bond Closing
Dear Eric:
It looks like we are finally approaching the "end of' the road" regarding a Bond closing on the projei:t.
We should know by next week if they we successfully marketed. We could then close immediately
thereafter.
Unfortunately, we are still trying to fill a remaining "equity" gap. 1 noticed the city is receiving, a
% fee fo €• the issua nce of said bonds. 1 realize the city has been €Wore tha€l lair with us, but I ant
seeking further avenues to raise i'unds.
Is there; any way the city could cut 15 ii•0113 its issaing fee? Any Mhaunt would help. Thanks once
again for your support and patience. Please let nee know if you need anything else.
S�ccrcly,
7
Tim Nolde
Anchobaypro, Inc.
. . . . . . . . . . . . . . . . . . . . . . . . . . . .
Page 90 of 96
�T �'
Oak Park heights ` �`
Request for Council Action
Meeting Date _ August 24, 2010
!Agenda !tern Streetlight at S - Comer 01'60' Street and Oalcgreell Avcnue - -----
Time Req. 0 -----
Agenda Placement New Business
Originating Department /Requestor _- MMI01 Beaudct
Requester's Signature__ --
Action Requested Discussion and passible action
l3ackgr0undl.lusti f coiti ( Please indicate any previous action h as bun taken or i C other public
bodics have been advised).
The City Council should discuss directing stal'l'to identify the cost and time to install a streetlight
at the southwest corner ol'60"' Street North and Oakgreen Avenue North.
Page 91 of 96
This Page Is Left Intentionally Thank.
Page 92 of 96
�Te
Oak Park H eights
Request for Counc Action
Meeting Date August _ _ ........ _�����
Agenda Item _Oak ]Park 8migh1x City _flail Dedic -October 4_2O|U __ _��� ---- __ ----- _ ----------- ----------------------
llruc]{cq.5
AucoduPluucmcu{ _Nop/
Originating Dcpartment/Reclucstor 'M«YnrDavid Bcnndc{ __ .............................. __�__��
KcQuCm{cr'xSigno1uo:_��� ------------------------- ____�����_ ._ ................................ _ ......................... ..... ... -_-
/\c{ino Qnqoosicd l)ixcnxu lous for 1h (�i H U dedi _______ _____������______
Buukgt oa{ifioo<ion(Munooiudinuteuoyprc`iooeuo<ioubuxbvc)) |mlcumrU'u
bodies have been m]vixod}.
The Oak Park }{oieh{ City }]all vviD be dedicated on October 9,20lU. The City Council ohon}J
xc1u time fbu dedication and should discuss plans for u possible dedication ucrco`onY.
I suggest oulboriziu-n$l,0AU grant 1u S611vvntncChnir 0ornnu-boufofpo/f000unocoil that date,
and xo|hodxiugup to$X00/orrch.cyhouoo<x, such us coffee and cookies. All Funds would come
from the Council Contingency Food.
Page noo,no
This P,-ige Is Left Intentionally Blank.
Page 94 of 96
lik, •
Oak Park Heights
Request for Council Action
Meeting Date August 24, 201
Agenda Itein Create a Councilmember Workroom at City 11all
. ...... .........
Time Req._
Agenda Placement New Business ... . . ... . . . ............................ ... ... . . ..................... .. . - - -------
---- ---- ...... --
Originating Dcpartment/Requestor Mayor David Beaudet --------- --------
Requester's Signature
Action Requested Discussion and possible action
.. . ... .... ....... .................. ..
. . . ...... ..... .................. ...
13LICIcgi'OLIII(I/,Itl','(IIIC,1110li (]'lease indicate MI)l pI action has been taken or il'offic.1 public
bodies have been advised).
The City Council should discuss the possibility of using the small coifl�erence room in the
Administration Department at City M all as a Counci Imen workroom and discuss whether to
authorize funds to purchase file cabinets for Councilmembers to store documents at City B all.
Page 95 of 96
This Page Is Left Intentionally Blank.
yR N?
Page 96 of 96
E