HomeMy WebLinkAbout04-09-2019 Council Packet CITY OF OAK PARK HEIGHTS
TUESDAY, APRIL 9, 2019
CITY COUNCIL MEETING AGENDA
6:00 PM AT CITY HALL
6:00 p.m. L Call to Order/Pledge of Allegiance/Approval of Agenda
Estimated
times
6:00 p.m. IL Council/Staff Reports
A. Mayor McComber
B. Councilmember Dougherty
C. Councilmember Johnson
D. Councilmember Liljegren
E. Councilmember Runk
F. Staff
• Recycling Award(pg. 3)
6:05 p.m. III. Visitors/Public Comment
This is an opportunity for the public to address the Council with questions or concerns on issues not part of the regular agenda(Please
limit comments to 3 minutes in length).
A. 2018 City Annual Financial Statement—Review by Auditor Dave Mol (pg. 5)
6:10 p.m. IV. Consent Agenda(Roll Call Vote)
A. Approve Bills & Investments
B. Approve City Council Minutes—March 26, 2019 (pg. 21)
C. Business Administrator Designation for Electronic Funds Transfer(pg. 25)
D. Approve Extension of Due Diligence Period for Madison Hospitality Group to
August 15, 2019 (pg. 27)
E. City Hall HVAC Service Agreement(pg. 31)
6:10 p.m. V. Public Hearings
A. Consider Issuance of an Off-Sale 3.2 Malt Liquor License for Kowalski
Companies, Inc. dba Kowalski's Oak Park Heights Market(pg. 41)
6:15 p.m. VI. Old Business
A. City Hall Security and Access Management (pg. 43)
6:20 p.m. VII. New Business
A. Permit Installation of Single Camera Detection Sys. 58th and Neal Ave. (pg. 47)
B. Consider Amendment or Cancellation of 5/14/19 City Council Meeting (pg. 50)
6:30 p.m. VIII. Other Council Items or Announcements
Please mute or silence any cell phones,computers or other devices during meeting—Thank You.
Page 1 of 52
Agenda
April 9,2019
Page 2
6:30 p.m. IX. Adi ournment
Page 2 of 52
IVA
Oak Park Heights
Request for Council Action
Meeting Date April 9, 2019
Agenda Item Recycling Award
Time Req. 0
Agenda Placement Staff Reports
Originating Department/Requestor Administration/Jennifer Pinski
Requester's Signature
Action Requested Receive Information
Background/Justification (Please indicate any previous action has been taken or if other public
bodies have been advised).
See attached.
Page 3 of 52
City of
Oak Park Hei hts
14168 Oak Park Blvd.N.oak Park Heohts,MN 55082.Phone(651)439-4439•Fax(651)439-0574
March 29, 2019
Nikki Griffin
15174 641' Street North
Oak Park Heights, MN 55082
Dear Ms. Griffin:
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 Fre extinguisher and/or
smoke detector(s).
Your residence was checked on Thursday, March 28, 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 via
phone at 439-4439 or email at jpinski@cityofoakparkheights.com to let me know
your choice of award.
On behalf of the Oak Park Heights City Council, thank you for participating In the
City's recycling program.
Congratulations!
It
-N�A
Jennifer Pinsk!
City Clerk
TREE CITY U.S.A.
Page 4 of 52
Oak Park Heights
Request for Council Action
Meeting Date April 9,2019
Time Required: 5 Minutes
Agenda Item Title: 2018--Cily Ann inanci ent—Review by Auditor David Mol.
Agenda Placement Visitors S
ZO/ I:r,
Originating Department/R uesto E ' J Cily Administrator
Requester's Signature 4
Action Requested ee Belo
Background/Justification(Please indicate if any previous action has been taken or if other public
bodies have advised):
Mr. David Mol, Senior Partner with Redpath and Co. Ltd.(the City's Auditing firm) will be
present to provide a review of the City's 2018 Annual Financial Statement.
Council Members:Full copies of the 2018 Audit Reports have been place in your mailboxes at City Hall and will
also available on the City's website after Council acceptance.
Page 5 of 52
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Page 20 of 52
Oak Park Heights
Request for Council Action
Meeting Date April 9, 2019
Agenda Item Approve City Council Minutes—March 26, 2019
Time Req. 0
Agenda Placement Consent
Originating Department/Requestor A tion/Jennifer Pinski
Requester's Signature
Action Requested Approve
Background/Justification(PIease indicate any previous action has been taken or if other public
bodies have been advised).
See attached.
Page 21 of 52
CITY OF OAK PARK HEIGHTS
TUESDAY, MARCH 269 2019
CITY COUNCIL MEETING MINUTES
I. Call to Order/Pledge of Alle ' ce/A roval of Agenda: Mayor McComber
called the meeting to order at 6:00 p.m. Present: Councilmembers Dougherty,
Johnson, Liljegren and Runk. Staff present: City Administrator Johnson, City
Clerk Pinski, City Attorney Sandstrom, and City Planner Richards. Also Present:
City Attorney Mark Vierling. Absent: City Engineer Mann.
Mayor McComber added"IIMC—Quill Award"to New Business as Item E.
Councilmember Liljegren, seconded by Councilmember Dougherty,moved to
approve the Agenda as amended. Carried 5-0.
II. Council/Staff Reports:
A. Ma or McComber: She reported she testified before the House of
Representatives on HF2496 on March 19; she attended a meeting at the
LMC and a press conference regarding Small Cities Assistance on March
21; she testified before the Senate Committee on SF1888; she provided
testimony for Police Departments on SF2155 and HF 1971 on March 26;
and she would be doing a presentation for the Minnesota.Women in City
Government organization on March 29.
B. Councilmember Dougherty: He reported he attended the Cable
Commission meeting on March 18 and also attended the ribbon cutting for
Meals from the Heart.
C. Councilmember Johnson: She reported she attended the National League
of Cities Conference and met with both Senators and Representative
McCollum. She also reported she attended the Planning Commission
where they discussed the Redbox at Holiday.
D. Councilmember Liljegren: He reported the Joint Airport Board scheduled
a meeting for May 14, and he received a call on street sweeping. City
Administrator Johnson reported that the street sweeper was out and would
complete the City in the next two weeks.
E. Councilmember Runk: He reported he attended the Middle St. Croix
Watershed Management Organization meeting on March 14.
F. Staff: City Clerk Pinski reported that Diane Wendt at 5642 Ozark Avenue
North was chosen as the recycling award winner.
III. Visitors/Public Comment:
A. Presentation of Plague to Mountain Bike Team: Members of the Stillwater
Mountain Bike Team were present at the meeting, and Councilmember
Page 22 of 52
City Council Meeting Minutes
March 26, 2019
Page 2 of 3
Runk presented them with an annual plaque commemorating their
championship in 2018.
Visitor: Jim Kremer of 5475 Oakgreen Place North: He requested the City
Council consider increasing the no-fault backup insurance to the$40,000 level
rather than the $25,000 level because the increase in premium was minimal and
the last time there was a sewer backup in the City in 2015,it was approximately
$23,000 and it was not a fully finished basement.
Visitor: Pat Anderson of 5275 Nolan Parkway: she congratulated Councilmember
Johnson and stated she appreciated seeing women on the City Council. She also
thanked the City for the recent mill and overlay on her street.
IV. Consent Agenda:
A. Approve Bills &Investments
B. Approve City Council Minutes—March 6,2019
C. Approve Resolution Authorizing MN Deer Hunters Association to
Conduct a One-Day Raffle on April 6, 2019 at Heights Hall&Club
D. Approve Proclamation for April 26, 2019 as Arbor Day and May 2019 as
Arbor Month
E. Appoint Jennifer VanDyke and Jim Kremer to Recommended Terms on
Planning Commission
F. Approval Renewal of Life Insurance Contract
G. Approve Refund of Developer Loan Servicing Fees
H. Approve Creation of BCWD Liaison
Councilmember Runk, seconded by Councilmember Liljegren,moved to approve
the Consent Agenda. Roll call vote taken. Carried 5-0.
V. Public Hearings: None
VI. Old Business: None
VII. New Business:
A. Conditional Use Permit—Holiday Gas Station 5997 Osgood Ave.—
Redbox Placement: City Planner Richards reported the application
received was for a CUP to allow a Redbox to be placed at Holiday Station.
He reviewed his planning report. Councilmember Johnson, seconded by
Councilmember Dougherty,moved to approve the Resolution. Roll call
vote. Carried 5-0.
Page 23 of 52
City Council Meeting Minutes
March 26, 2019
Page 3 of 3
B. Consider Resolution Related to Comprehensive Road Funding:
Councilmember Johnson, seconded by Councilmember Runk,moved to
approve the Resolution. Roll call vote taken. Carried 5-0.
C. Schedule Council Worksession—Goal Setting 2019: Councilmember
Liljegren, seconded by Councilmember Johnson,moved to set for April 10
at 5:00 p.m. at City Hall. Carried 5-0.
D. Resolution Declaring Local State of Emer enc : Councilmember
Liljegren, seconded by Councilmember Runk,moved to approve the
Resolution. Roll call vote taken. Carried 5-0.
E. IIMC—QW11 Award: Councilmember Dougherty, seconded by
Councilmember Liljegren,moved to nominate City Clerk Pinski for the
International Institute of Municipal Clerks Quill Award. Carried 5-0.
VIII. Closed Session(closed pursuant to MN Stat. 13D.05, Subd. 3(c)(3)
A. Negotiations on Purchase A eement for Land Sale—PUD
06.029.20.12.020: City Attorney Sandstrom reported that Madison
Hospitality Group requested amendments to the Purchase Agreement, and
the meeting was authorized to be closed pursuant to MN Stat. 13D.05.
Councilmember Liljegren, seconded by Councilmember Dougherty,
moved to close the meeting. Carried 5-0.
Mayor McComber reconvened the regular meeting. A motion was made
by Councilmember Dougherty, seconded by Councilmember Runk, during
the Closed Session providing direction to the City attorney on
communication with the Purchaser's attorney. Motion passed 5-0. The
closed session was audio recorded as required by statute.
IDL Other Council Items or Announcements: Councilmember Dougherty asked
about Lookout Trail. City Administrator Johnson reported that it was up to
MNDOT to draft a MOU. The City Council requested staff draft a letter to
MNDOT with pictures of the road condition to be signed by all council.
X. Adiourn: Councilmember Liljegren, seconded by Councilmember Dougherty,
moved to adjourn at 6:56 p.m. Carried 5-0.
Respectfully submitted, Approved as to Content and Form,
Jennifer Pinski Mary McComber
City Clerk Mayor
Page 24 of 52
Oak Park Heights
Request for Council Action
Meeting Date Aril 201 Time Required: 1 min
Agenda Item Title: Business Administrator designation for Electronic Funds transfers
Agenda Placement Consent
Originating Department/Requestor Finance— Betty Caruso
Requester's Signature
Action Requested Desi ate the Finance Director as the "Business Administrator"for
electronic fund transfers in accordance with the ci s Purchasing Poligy.
Background/Justification (Please indicate if any previous action has been taken or if other
public bodies have advised):
In accordance with the legal compliance for claims and disbursements and as referenced in
the city's purchasing policy there needs to be an annual designation by the council of the
financial officer to have the authority to make electronic funds transfers. This is referenced in
our purchasing policy as the"Business Administrator".
Electronic funds transfers are used in the city for payments of payroll and related benefits and
a vendor payment for our utility payment processing service.
Finance Policies and Procedures are developed and practiced to insure that the City is in
compliance with the MN Statutes and for guidelines in order to protect internal controls.
Both of these areas are reviewed by the Auditors every year with the legal compliance audit
and a test of internal controls.
Therefore, please designate the Finance Officer, Betty Caruso as the Business Administrator
as defined in the purchasing policy and giving authority to make electronic funds transfers.
Page 25 of 52
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Page 26 of 52
Oak Park Heights
Request for Council Action
Meeting Date April 9th,2019
Time Required: 1 Minute
Agenda Item Title: Arove Extension of Due Diligence Period for Madison Hospitalily
Grou to August 15 2019
Agenda Placement Consent Age zl--/
Originating Department/Request : Eri C' inistrator
Requester's Signature
Action Requested A rove E sion of Due Diligence Period for Madison Hospitality
Group to st l5t 2019
Background/Justification(Please indicate if any previous action has been taken or if other public
bodies have advised):
The Madison Hospitality Group is seeking a further extension of 120 additional days to better
accommodate their financing needs for their proposed Holiday Inn project and where they are
seeking to purchase land from the City.
The following agreement(attached)extends Madison Hospitality Group's due diligence period for
an additional 120 days past the current April 15th deadline. While this extension does go through
Aug 15th,2019,there is a$10,000 non-refundable fee that becomes payable to the City after June
15", 2019 if the Purchase Agreement isnot terminated by such date.
Page 27 of 52
FOURTH AMENDMENT TO PURCHASE AND SALE AGREEMENT
THIS FOURTH AMENDMENT TO PURCHASE AND SALE AGREEMENT
("Fourth Amendment") is effective as of this day of , 2019, by and
among the City of Oak Park Heights, a municipal political subdivision in the State of
Minnesota ("Seller") and Madison Hospitality Group, LLC, a Minnesota limited liability
company(`Buyer").
RECITALS
WHEREAS,the parties executed a Purchase and Sale Agreement dated August 29, 2017
(the "Agreement"); and
WHEREAS,parties executed a First Amendment to Purchase and Sale Agreement dated
April 12, 2018 (the "First Amendment"); a Second Amendment to Purchase and Sale
Agreement dated August 30, 2018 (the "Second Amendment"); and a Third Amendment to
Purchase and Sale Agreement dated December 4, 2018 (the "Third Amendment") and the
parties desire to further extend the Due Diligence Period as provided for herein; and
NOW, THEREFORE, for good and valuable consideration, the receipt of sufficiency of
which is hereby agreed and acknowledged by Seller and Buyer,the parties hereto agree to amend
and modify the Agreement as follows:
1. Section 4.2 of the Agreement is amended and modified to provide as follows:
4.2. Due Diligence. Buyer will be allowed until August 15, 2019 (the "Due
Diligence Period"), to obtain investors and construction financing in such
amounts and on such terms as Buyer in its absolute and sole discretion deems
acceptable, and otherwise satisfy itself regarding the condition, suitability and
desirability of the Property for Buyer's intended purpose (collectively "Due
Diligence"). If Buyer in its absolute and sole discretion is not satisfied with the
Property or the results of its Due Diligence, Buyer may on or before the
expiration of the Due Diligence Period terminate this Agreement by giving
written notice to Seller. Upon such termination prior to the end of the Due
Diligence Period, the Earnest Money and Additional Earnest Money will be
returned to Buyer and neither party will have any further obligations under this
Agreement, except those obligations that expressly survive such termination and
except as provided for in Section 4.3. In the event that Buyer terminates this
Purchase Agreement for any reason, Buyer shall promptly return the Due
Diligence Documents to Seller.
2. Section 4.3 of the Agreement is amended and modified to provide as follows:
4.3 Extension of Due Diligence Period. The parties acknowledge that Buyer
has previously paid the sum of $20,000 ("Additional Earnest Money") to the
Title Company to extend the Due Diligence Period to September 15, 2018, that
Page 28 of 52
Seller did not require Buyer to;Hake further payment of additional Earnest Money
in consideration for Seller's agreement to further extend the Due Diligence Period
as provided for in the Second Amendment and the Third Amendment, and that
Seller will not require Buyer to make further payment of additional Earnest
Money in consideration for Seller's agreement to further extend the Due
Diligence Period to August 15, 2019, as provided for in this Fourth Amendment.
All Earnest Money and additional Earnest Money shall remain refundable to
Buyer if Buyer signifies Buyer's intention to terminate this Agreement on or
before June 15, 2019. If, however, Buyer has not elected to terminate this
Agreement before June 16, 2019, $10,000 of the Additional Earnest Money shall
become non-refundable during the balance of the Due Diligence Period, as
extended.
3. Except as amended and modified above, the parties ratify and confirm all other terms
and provisions of the Agreement.
IN WITNESS WHEREOF, Seller and Buyer have duly executed this Third Amendment
as of the day and year first written above.
SELLER: CITY OF OAK PARK HEIGHTS
By
Name
Title
Date signed: ,2019
BUYER: MADISON HOSPITALITY GROUP, LLC,
a Minnesota limited liability company
By
Name
Title
Date signed: , 2019
F:1JLOWL1ENTS\17-290STJ Madison Hospitality Group,LLC--Stillwater--Oak Park HeightsTurch&Sale Agr--Fourth Amendment--v1doex
[01501-31526/2535895/2] 2
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Page 30 of 52
Oak Park Heights
Request for Council Action
Meeting Date: Tuesday April 9,2419
Agenda Item : City Hall HVAC Service Agreement
Time Req. 1 Minutes
Agenda Placement: Consent
Originating Department/Requestor: Aadv Kegley. Public Works Director
Requester's Signature
Action Requested: Execute Se2eLA=ement with NAC for HVAC Maintenance
Background/Justification(Please i 'tate any previous action has been taken or if other public
bodies have been advised).
See attached memo.
Page 31 of 52
lot
City of Oak Park Heights
14168 Oak Park Blvd Re Oak Park Heights,MN 55082•Phone(651)439-4439•Fax 439-0574
Memorandum
To: Eric Johnson, Administrator
Cc: Mayor and Council
From: Andrew Kegley, Public Works Director
Date: 04/05/2019
Ra: Renew City Hall HVAC Service Agreement with NAC
The City Hall building has an extensive geothermal/HVAC system for heating and cooling.
Since the building opened for operation in 2010, NAC has provided service under a service
agreement to inspect, maintain and repair the components of the HVAC system. The service
technician Gary is experienced,professional and has been providing excellent customer service
to the City since day one.
Since the prior service agreement expired in March 2019, NAC submitted a new proposal,
which is attached. At Stars request, some language in the new proposal has been cleaned up to
include only the service provided under the service agreement, but the level of service will
remain the same as in the past. NAC is offering their service at an initial 7.3% increase from
last year's contract then an approximate 4%increase per year for 2020 and 2021.
The service NAC provides is valuable to the City. The building HVAC system is complex and
requires significant time to maintain, and expertise in HVAC and geothermal systems to repair.
NAC provides those resources to the City at a fair price. I recommend accepting and executing
the proposed service agreement with NAC for the Term April 1, 2019-March 31,2021.
Page 32 of 52
r
Mechanical & Electrical Services
Mechanical
Customer Support Agreement
Customized For
City of flak Park Heights
Tree City USA
Tera
April 1, 2019 through March 31, 2021
Prepared By:
Stephen Kotzmacher
Account Manager
3/28/2019
Page 33 of 52
"
Introduction
City of Oak Park Heights operations staff will be responsible for the day to day operations of the building
automation and managing the HVAC system. The facility staff has been trained and is experienced in
managing the different areas of HVAC and temperature controls. Because of this,they do not require a high
level of support from vendors; but use Customer Support Agreements(CSA)to augment their current
knowledge and protect their equipment investment and maximize utility efficiency use over the long term.
Customer Support Agreement (CSA) Goals
• Develop a maintenance relationship with Client to promote the use of automated operation and proactive
maintenance of systems to maximize facility staff throughput and utility savings.
• Support facility staff with pre-season performance testing and maintenance.
Extend the life of the owner's mechanical assets beyond industry standards and thus reducing downtime
and repair cost and maximizing Client ROI.
• Allow Client to focus on their core competencies to execute their mission.
• Constant improvement through Continuous Commissioning. Always looking to Improve the benchmark
that has been set.
Proposal Contents
• NAC Custom Service Plan Features(based upon customer request/input)
• Schedule of Services
• Customer Support Agreement Pricing Summary/Signature Page
• Terms and Conditions
*Specific Cost Saving Facts
• If you are overheating your space by just Meg, due to miscalibrated controls,this will cause an increase
in your fuel consumption by over 16%when it is below 50Deg outside.
• Temperature control systems out of calibration cause increased operational cost of 5-15% per year.This
is based on servicing hot and cold calls throughout their shifts.
• Setting back the temperature Meg in a building, unoccupied 12 hours per day and 41 hours per
weekend, results in utility savings of approximately 24%.
• Dirty air lflbm in air handling units increase the total static pressure .5"and generates the need for 10%
additional horse power.
One millimeter of scale will raise the energy consumption of a chiller 10%at full load.
*Source(Terry A.Thompson"Preventive Maintenance Save Energy Dollars"Engineered Systems)
2
Confidential&Proprietary Information Page 34 of 52
aw
NAC Customer Support Agreement
The following is a comprehensive list of the Support services NAC otters to maximize the value of your
investment in your Mechanical and your Building Control Systems. Following this list of Support
Services is a detailed description of each offering and the value that it provides.
1. Mechanical, Electrical, and Plumbing Preventive Maintenance and Performance
Testing Services
• Mechanical Systems
• Electrical Systems
: Plumbing Systems
2. Emergency Response Services(Standard or Premium)
On-Site Response
3. General Services; Included in All Support Agreements
• Account Management
a documentation of All Services Provided
• Quality Assurance Program
3
Confidential&Proprietary Information Page 35 of 52
i
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NAC Customer Support Agreement Detailed Description
1. Mechanical, Electrical, and Plumbing Preventive Maintenance and Performance
Testing Services
Air Handling 1 Rooftop Maintenance and Performance Testing
Air Handling systems are one of the single largest operating expenses that a company has. NAC will provide a
complete operational performance test to Include heating,coaling delta tees, bearings, and belts,verify
safeties are working properly,and that set points are optimized for the highest level of utility savings.
®Included in this Support Agreement
❑ Not included with this Support Agreement Owners staff to maintain) ❑ Not Applicable
Selts(1)timers per year® Filter are induded in this Support Agreement(4)times per year
Boiler System MailgiNapace and Performance Testing
Eloller systems are one sof the most critical and largest operating expenses that a company has. NAC will
provide a complete operational performance test to include combustion flue analysis,verify safeties are
woMng properly,and that set,paints are optimized for the highest level of utility savings,
® Included in this Support Agreement-Annual ED
❑ Not Included with this Support Agreement(Owes staff to maintain) ❑ Not Applicable
tBLAS EguiRment Maintenancen Testing
Complex and even simple buiklings can have many different mechanical.systems#gat need to be maintained to
ensure that building Is running at optimum performance. NAC will verify the operation and performance test
each of the items listed below per manufactures recommendations.
6-Geo Furnace heat Pumps
1-McQuay ERV
4-Carrier Mini Splits
4-Infrared Heaters
7-Modine unit Heaters
3-Sterling Hot Water Heaters
7-Greenheck Exhaust Fans
12-B&G Circulation Pump
4
Confidential&Proprietary Information Page 36 of 52
—�fjLAf%
PIUMbing RPZ SXg&m M inten no Ong Performance Testing
The State of Minnesota requires that backflow preventers(RPZ`s) be tested and reported on annually and
milt as necessary. NAC will apply for the city perm k,testy and report each RPZ so that your facility stays in
compliance with:skate and local codes.
0 Included In this Support Agreement—Yearly Testing
❑ Not included with this Support Agreement(Owners staff to maintain)
General NAC Customer Support Agreement Features
® Amount Manager-A dedicated Account Manager will be responsible for your total service satisfaction.
Your Account Manager will provide the designated services, monitor equipment performance,track equipment
service history, and consult with you to meet your objectives.
® Dedicated Service Team-Our Service Team knows controls and mechanical systems; they are trained
on all aspects of maintaining and troubleshooting your systems interoperability to maximize uptime and energy
efficiency.
Documentation -All service visits will be documented by a work order detailing the service performed,
materials used,and hours spent.
5
Confidential&Proprietary Information Page 37 of 52
N
==V=V
NAC Mechanical & Electrical -Calendar of Services
Checked items are included as detailed under"Customer Support Agreement Detailed Description"
VAnter pnnp summw Fgdl
Mechanical,Plumbing and Electrical Services
x Mechanical Maintenance 1 Performance Testing x x x x
Electrical Maintenance I Performance Testing
x Plumbing Maint+enedance/Performance Testing x
Flex Hours Support o be used as directed by customer eta
Customer Training
Emergency Response
General serving
Coverage Code Basic Full
ELuntTroubleshooting and Diagnostics Mechanical System* x
Mara ement Electrics!S stem*
cy Response Services Plumbing S�rx
*Please refer to"Equipment Uisf'for complete equipment coverage details.
Customer Support Agreement Pricing Summary
Wiling Period In Advance: Quartwily
Pricing for these features is based on a 3-year program with a stmt date of April 1,2019,
Year 1: $6,900.00 (Six Thousand Nine Hundred Dollars and no/100)
Year 2: $7,175.00 (Seven Thousand One Hundred Seventy-Five Dollars and no/100)
Year 3: $7,465,00 (Seven Thousand Four Hundred Sixty-Five Dollars and no/100)
NAC believes that this proposal is In the best inWresks of City of Oak Park Heights and Is based on your input.
Please feel free to contact me If you have any changes. If fid,pk ase sign,date below and return to
NAC with purcluise order or billing Information.
This proposal is valid for 30 days from the time that is it signed by an authorized NAC Mechanical &Electrical
employee. Contract will renew year on year after the original term unless NAC Mechanical &Electrical Services
receives writing notification to cancel this agreement 30 days prior to the end of the contract term.
Accepted by:
CITY OF OAK PARK HEIGHTS NAC MECHANICAL&ELECTRICAL SERVICES
Signature: Signature: $NPA—9(vft--Aft
Name: Name: Stephen Katzmacher
Title: Title: Account Manager
Date: Date: 3/28/2019
6
Confidential&Proprietary Information Page 38 of 52
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FAA r%
Attachment A
Eauioment Included (Covered Equipment)
This agreement assumes that the equipment listed below is in good maintainable condition. If
repairs are found to be necessary upon initial inspection or initial seasonal startup, repair charges will
be submitted for approval by the client prior to the repairs being performed.
Quanft Equipment Manufacturer
9 Unite Heavers Rezri or
1 ERV with Reheat coil McQuay
4 HW Cabinet Heaters
13 Pumps B&G
G DAC Carrier
b Heat Pump
1 Hot Water Heater Electro
1 Chilled Water AHU Carrier
10 Exhaust Fan MA
2 Radiant Heaters NA
1 Furnace-Evap Coil Carrier
1 Condensing Unit Carver
2 Gas Monitoring System Tox Alert
3 RPZ Watts
7
Confidential&Proprietary Information Page 39 of 52
PJ A du%
s A s s
7BV SAND COVDF17CW
The following bums and mnditfons are attached to and form an integral part of NAC Mechanical &Electrical (rdbved to herein as "NACI
Custorw Support Agreeent Proposal(" The portions of such Proposal relating to"Saw of Worse"or any Oftpaaed Solution"(in
mer sane, referred m herein as the " dutlorh"), together with these term and aortdlitfonsl are aollectlio* referred to as the"CSA
Agresrn r,
Artrfde is G'renrtirO Artbfe 4.,A/ fon of RA*
1.1 a) The CSA Agreement, when accepted in writing by the 4.1 (a) Until one year from either the date hereof or the date the
Customer and approved by an authorized representative of NAC Equipment Is installed, whichever first occurs, all equipment manufactured
shall constitute the entire, complete and exclusive agreement by NAC or bearing its nameplate will be free from defects in material and
between the parties relating to a technical support program workmanship arising from normal use and service. (b) Labor for all Services
("Services")for the equipment and software identified in the List of under this CSA Agreement is warranted for 90 days after the work is
Equipment or the Service Coverage Report attached to the CSA performed.
Agreement ("Equipment") and shall supersede and cancel all prior 4.2 The limited warranties set forth in Section 4.1 will be void as to,and
agreements and understandings, written or oral, relating to the shall not apply to,any Equipment(i)repaired,altered or Improperly installed
subject matter of the CSA Agreement. The CSA Agreement and any by any person other than NAC or its authorized representative; Qi)subjected
rights or obligations thereunder may not be assigned by either party to unreasonable or improper use or storage, used beyond rated conditions,
without the advance written consent of the other. operated other than per NACs or the manufacturer's Instructions, or
(b) The terms and conditions of this CSA Agreement shall not be otherwise subjected to improper maintenance, negligence or accident; (Iii)
modified or rescinded except in writing,signed by a corporate officer damaged because of any use of the Equipment after Customer has, or.
of NAC. NACs performance under this CSA Agreement is expressly should have, knowledge of any defect in the Equipment; or (iv) not
conditioned on Customer's assenting to all of the terms of this GSA manufactured, fabricated and assembled by NAC or not bearing NACs
Agreement, notwithstanding any different or additional terms nameplate.
contained In any writing at any time submitted or to be submitted to 4.3 NAC will indemnify Customer from and against losses, claims,expenses
NAC by Customer relating to this subject matter. and damages (including reasonable attorneys fees) for personal Injury or
c)The terms and conditions set forth herein shall supersede,govern physical damage to property, but not loss of use of the property resulting
and control any conflkling terms of the Proposed Solution or the from such damage or from damage to any work performed hereunder.
Proposal. Such indemnification shall be solely to the extent caused by or arising
1.2 This CSA Agreement shall automatically renew for successive directly from NACs or its employees',consultants'or agents' negligent acts
one (1) year periods beginning on the anniversary date of the or omissions or willful misconduct in connection with its performance of
original term as set forth in the Proposal,unless slated otherwise in Services hereunder. NACs obligations under this indemnity provision shall
the CSA Agreement not extend to claims,losses,expenses and damages arising out of or in any
1.3 Either party may terminate or amend this CSA Agreement by way attributable to the negligence of Customer or its agents,consultants or
giving the other party at least thirty(30)days prior written notice of employees other than NAC.
such amendments or Intent not to renew after the original term. Artk>te 5; Crofior7wReryoknow ➢iflfpe
1.4 This CSA Agreement shall be governed by and enforced in 5.1 Customer will operate and maintain all Equipment in accordance with
accordance with the laws of the State of Minnesota. applicable manufacturer's specifications, including those set forth in the
1.5 Customer will at all times designate a contact person with manufacturer's operating manuals or Instructions, as well as all
authority to make decisions for Customer regarding the Services. requirements of applicable law or of authorities having jurisdiction.
Customer will provide NAC with information sufficient to contact 5.2 Customer will promptly notify NAC of any unusual operating conditions,
such person in an emergency. If such representative cannot be system malfunctions or building changes that may affect the Equipment or
readied, any request for Service received from a person located at any Services.
Customer's premises will be deemed authorized by Customer,and NAC 5.3 Customer will provide NAC with reasonable means of access to the
will,in its discretion,act aeoordingly. Equipment and shall make any necessary provisions to reach the Equipment
1.6 NAC will be permitted to control and/or operate all Equipment and peripheral devices. Customer will be solely responsible for any removal,
necessary to perform the Services. replacement or refinishing of the building structure or finishes that may be
Artk*,Zr Eq p t Ta cry AV*Wctilvd No Aftft&VNwW required to gain access to such Equipment.
2.1 The Customer represents that all Equipment is in satisfactory At&&6.• LJM ofPfa1rrttMW=Or$VrVkVOblijudonis
working condition. By the latter of the first thirty(30) days of this 6.1 NAC will not be responsible for the maintenance, repair or replacement
CSA Agreement or the first scheduled inspection, NAC will have of, or Services necessitated by reason of: (a) non-maintainable, non-
inspected all the Equipment. replaceable,or obsolete parts of the Equipment, including but not limited to
2.2 If the Proposed Solution provides for maintenance, any repairs ductwork, shell and tubes, heat exchangers, coils, unit cabinets, casings,
and replacements of Equipment are limited th restoring the proper refractory material, electrical wiring,water and pneumatic piping, structural
working condition of such Equipment. NAC wilt not be obligated to supports, ding bower fill, slats and basins, etc. unless otherwise
provide replacement Equipment that represents significant capital specifically stated herein; or (b) negligence, abuse, misuse, improper or
improvement compared to the original. Exchanged components inadequate repairs or modifications, improper operation, lade of operator
became the property of NAC. maintenance or skill, failure to comply with manufacturer's operating and
�• environmental requirements, Acts of trod, or other reasons beyond its
control. NAC assumes no responsibility for any service performed on any
3.1 Payments to be made under this CSA Agreement will provide Equipment other than by NAC or its agents.
fior, and be In consideration of, only Services specifically included 6.2 NAC shall not be responsible for lass,delay,injury or damage that may
under the Proposed Solution. All other Services, including but not be caused by circumstances beyond its control, including but not restricted
limited to the following,shall be separabaly billed or surcharged on a to acts or omissions by Customer or its employees or agents,Acts of God,
time and materials basis: (a) emergency Services performed at war,civil commotion,acts of government,fire,theft,corrasion,flood,water
Customees request, if inspection does not reveal any defx9ency damage, lightning,freeze-ups, strikes, lockouts, differences with workmen,
covered by this CSA Agreement; (b) Services performed other than riots,explostons,fuel,labor or materials.
during NACs normal working hours; and (c) Servk:e performed on 6.3 NAC is not responsible for repairs, replacements or services to
equipment not covered by this CSA Agreement Equipment due to corrosion, erosion, improper or inadequate water
3.2 Invoices are due net 30 days or otherwise as may be set forth treatment by others, electrolytic action, chemical action or other reasons
therein. If any payment is not received net 30, NAC may deem beyond its reasonable control.
Customer to be in breach hereof and may enforce any remedies 6.4 NAC shall not be responsible for the removal or reinstallation of
available to it hereunder or at law, including without limitation replacement valves, dampers, water flow and tamper switches required
suspension or termination of Services and acceleration of payments. from pipes and duct work including any venting or draining systems.
Page 40 of 52
Oak Park Heights
Request for Council Action
Meeting Date April 9, 2019
Agenda Item Consider Issuance of an Off-Sale 3.2 Malt Liquor License for Kowalski Companies,
Inc. dba Kowalski's Oak Park Heights Market
Time Req. 5
Agenda Placement Public Hearin
Originating DepartmentlRequestor Ad nistration/Jennifer Pinski
Requester's Signature f .
Action Requested Approve License
Background/Justification(Please indicate any previous action has been taken or if other public
bodies have been advised).
Kowalski Companies, Inc. d/b/a Kowalski's Oak Park Heights Market has applied for a new off-
sale 3.2 malt liquor license for the store located at 5801 Neal Avenue North. Kowalski's already
holds an off-sale liquor license and are requesting to also have a license to sell 3.2 beer.
All applications have been investigated by the City Attorney and found to be in compliance with
the City ordinance requirements for liquor license issuance. The Police Department conducted a
background check in December as part of the renewal process for the intoxicating liquor license
that the store currently has. The license fee has been paid.
Notice of this Public Hearing was published in the Stillwater Gazette on March 29, 2019 and has
been posted at City Hall since that date.
City staff recommends approval of the off-sale 3.2 malt liquor license for Kowalski Companies,
Inc. d/b/a Kowalski's Oak Park Heights Market contingent on approval from the Minnesota
Department of Public Safety, Alcohol and Gambling Enforcement Division.
Page 41 of 52
NOTICE OF PUBLIC HEARING
TO CONSIDER ISSUANCE OF AN OFF-SALE 3.2 MALT LIQIJOR LICENSE FOR
KOWALSKI COMPANIES, INC. DBA KOWALSKI'S OAK PARK.HEIGH'T'S
MARKET
CITY OF OAK PARK HEIGHTS
WASHINGTON COUNTY, MINNESOTA
NOTICE IS HEREBY GIVEN
that the City Council of the City of Oak Park Heights, Washington County, Minnesota shall
hold a public hearing to consider issuing an off-sale 3.2 malt liquor license to Kowalski
Companies, Inc. dba Kowalski's Oak Park Heights Market for the store located at 5801
Neal Avenue North, Oak Park Heights, Minnesota.
Written or oral comments will be considered.
The public hearing shall be held on Tuesday, April 9, 2019 at 6:00 o'clock p.m. at the City
Hall, 14168 Oak Park Boulevard North, Oak Park Heights, Minnesota.
Dated this 26"' day of March, 2019.
BY ORDER OF THE CITY COUNCIL
Jennifer Pinski, City Clerk
Page 42 of 52
W-v
Oak Park Heights
Request for Council Action
Meeting Date March 9c', 2019
Time Required: 5 Minutes
Agenda Item Title: Citv Hall Seodty and Access Management—Project Closeout
Agenda Placement Old Business
Originating Department/Reqohnso Administrator
Requester's Signature
I I Requested Discussion, Possible Action
At this time Staff would inform the Council that the City Hall Security and Door Access project is
essentially complete.LVC Companies—the Contractor-did a fine job for the City we will be moving into
a 2-year warranty period.
The requested action at this time is that the City Council approve the enclosed CLOSE-OUT
Agreement and approve the final payment of$95,045.00
Two Important Notes:
The City's only supplemental needs or deviations from the initial scope and pricing were:
I. The purchase and installation of an UPS (Un-interruptible power Supply) unit for the system
operations. Should there be a power failure this will ensure the door panels remain operational
and protected during a cut-over to a generator: f/-$928
2. FOBS or key cars were not included in the RFP/]Bids as these were unknown and could vary
vendor to vendor. These have now been ordered and the City will be issuing new FOBS. The
City's previous supply of FOBS did last 10 years and many of these are now broke and cannot
connect to a keychain: $450. (box of 100)
Page 43 of 52
Closeout Agreement
The following terms outline the parameters of acceptance by the City of the Project known as City Hall Security
1 Door Access Management System as based upon the 10125/2018 Agreement date between the City and LVC
Companies,"the Contractor".The following provisions apply.
1. Upon final payment being made to the Contractor,the City does accept the work and all items associated with the Project
as provided by the Contractor,All warranty and indemnification provisions in the parties'Agreement shall survive the
closeout of this Project.
2. The Contractor warrants and guarantees to the City that all work has been completed to the required spec ificafts,Any
items that are determined to be found missing and/or incomplete shall be promptly implemented by the Contractor at its
sole expense.
3. That the As-Butlts Drawings provided by the Contractor may be relied upon by the City to effectively manage the installed
systems. The Contractor shall correct the As-Built Drawings if these are determined to be found inaccurate and/or
incomplete and such corrections shall be promptly implemented by the Contractor at its sole expense.
4. The Contractor shall provide an IC-134 for any subcontractors used-if none,please provide such statement on the IC-
134 form.
5. The Contractor shall provide lien-waiver documentation for all elements of the Project.
6. That the City shall make a final payment to the Contractor in the amount of 12LQ46.00 within 15 business days of this
Agreement and the final receipt of Lien Waivers and IC-134 documentation,
7. All warranty provisions shall commence upon the date the City issues a payment,via a check to the Contractor for final
payment. Such amount shall be$95,046.00. Upon the City's payment the City does fully release the Contractor's
performance bond.
ACCEPTED: Q_DateL--V-
19
actor—Must be able to Sind Firm.
Be ngard,President I CEO DIANE EIDEN
Notary Public
State of Minnesota
My Commission Expires
January 31.2022
Notary for ContractorSignature—Affix Notary Stamp Here a
Date
Eric Johnson,City Administrator
Notary
Page 44 of 52
3/15/2019 httpa.llwww.mndorstate.mn.us/Weserviess/ IRelrieve/O/c-/THVmRJOL4yxvhdLfrSc8A ?FILE_=Pdnt2&PARAMS_=73211221839824...
f
OF REVENUE
Contractor Affidavit Submitted
Thank you,your Contractor Affidavit has been approved.
Confirmation Summary
Confirmation Number 1-202-744J*
Submitted Date and Time: 15-Mar-2019 12;31:59 PM
Legal Name. LVC COMPANIES INC
Federal Employer ID:
User Who Submitted: AmyLVC
Type of Request Submitted: Contractor Affidavit
Affidavit Summary
Affidavit Number:
Minnesota ID:
Project Owner. CITY OF OAK PARK HEIGHTS
Project Number. 1864568
Project Begin Date: 02-Jan-2019
Project End Date: 05-Mar-2019
Project Location: OAK PARK HEIGHTS,14168 OAK PARK BLVD,OAK PARK HEIGHTS,MN 55082
Project Amount: $94,045.00
Subcontractors: No Subcontractors
Important Messages
A copy of this page must be provided to the contractor or government agency that hired you.
Contact Us
If you need further assistance,contact our Withholding Tax Division at 651-282-9999,(toll-free)800-657-3594,or(email)
withholding.tax@state.mmus.Business hours are 8:00 a.m.-4:30 p.m.Monday-Friday.
Please for your records using the print or save functionality built into your browser.
https://www.mndorstate.mn.usltplesenricesl /ReWeve1010-ITHVmRJOL4yxviviLfrScOA ?FILE_=Print2&PARAMS_=7321122183989 of 52 111
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Page 46 of 52
41A,
Oak Park Heights
Request for Council Action
Meeting Date March 9a' 2019
Time Required: 5 Minutes
Agenda Item Title: Permit Installation of Single Camera.Detection Sys. 581 and Neal Ave.
Agenda Placement New Business
Originating Department/Reque r: ric J on City Administrator
Requester's Signature
Action Requested Discussion, ossible Action
The City has received a request from Traffic Control Corporation(TCC)to install a single camera detection
system at the intersection of 58th St. &Neal Ave—as a demonstration project.The proposal will be a non-
intrusive detection system that requires mounting a single camera head at the signal pole closest to the
traffic controller(NW corner). The system will count vehicles(and pedestrians)without the typical black-
bar that is mounted on the street
This is apparently new technology that TCC is developing. Any cost to install and remove the system will
be covered by TCC they have committed to provide the final vehicle counts and pedestrian counts to the
City for City records after the test.
Ultimately, if approved by the City this would be handled via ROW permit with the attached Agreement
(DRAFT) to supplement such ROW permitting requirements. Over the last several years, the City has
partered with TCC for the purchase and installation of several pedestrian crossing signals as well as
assistance with the traffic control systems at 58th Street and Neal Ave. Frankly,they may know the inner
workings of that signalization cabinet better anyone else.
Staff does not have any material objection to this installation and might prove valuable to get the
traffic/pedestrian counts once data is available.There would not appear to be any conflicts with any other
signal operations or how they may appear on the various masts.
Requested Action: authorize Staff to work with TCC to install a single camera on a single mast-arm
located at 50&Neal Ave,subject to the conditions of a final ROW Permits and any related Agreements
generally consistent with the enclosed dra'f't.
Page 47 of 52
PERMIT DATE—When Fully Executed by the City below.
THIS DOCUMENT SUPPLEMENTS A CRY RIGHT OF WAY PERMIT AS APPLIED FOR BY THE TRAFFIC
CONTROL CORPORATION THE"CONTRACTOR"TO THE CITY OF OAK PARK HEIGHTS '?HE CITY"FOR THE
INSTALLATION OF TRAFFIC SENSOR EQUIPMENT AT 58TM STREET AND NEAL AVE.
The Contractor has requested that the City permit the installation of a single-pole mounted camera system upon its
structures at the above intersection,see Exhibit A for a general depiction and summary of the installation proposed.
The Contractor shall be solely responsible for the installation and removal of all equipment from the intersection and City
Right of Way, including any apparatus,wiring, telemetry,software, hardware and any other equipment installed by the
Contractor.The Contractor shall remove all such items at its sole expense not later than twelve months from the date of
its installation or upon written demand by the City—or whichever is sooner.
The City does not warranty the Contractor's equipment from damages and/or loss and all equipment is installed at the
Contractor's sole expense and risk.
Except for intentional or willful acts by the City,the Contractor does fully indemnify and hereby releases the City from any
loss or liability incurred by the Contractor related to the disposition of their work at the site or on this project. The
Contractor shall further indemnify the City from any and all losses incurred by the City as a result of the actions of the
Contractor andlor as a result of the equipment being installed,including but not limited to the failure of and/or interference
of such equipment to the City's operation of the intersection.
The Contractor shall implement best management practices and industry standards to complete this Project and will
utilize appropriate caution to complete the work in a safe and efficient manner.
Upon execution of this document by both parties,any and all previous agreements,if any,are no longer valid.
The Contractor shall provide proof of at least$1,000,000 General Commercial Liability Insurance naming the City as
additionally insured and shall be affixed to this Agreement as'Exhibit B`.This insurance also covers any losses incurred
by the City that may arise due to the installed equipment and its appurtenances.The Contractor assumes all liability for
the installation of such equipment and its operation and shall indemnify the City for any City losses.
The Contractor shall provide results of any data collected by the installed equipment as it relates to traffic counts,
pedestrian counts and/or any data derived from it.This data,once received by the City shall be considered public data
and the City cannot warranty that such data is subject to a NON-DISCLOSURE agreement.
• The Contractor shall secure and follow all federal,state,county or other local laws that may be in effect related to the
performance of this project.
ACCEPTED: Date
Signature for Contractor—Must be able to Bind Firm.
Notary for Contractor Signature—Affix Notary Stamp Here >
Dale
Eric Johnson,City Administrator
Page 48 of 52
EXHIBIT A
To be Inserted...
Page 49 of 52
"Exhibit B"
Proof of Liability Insurance
To be Inserted...
Page 50 of 52
Oak Park Heights
Request for Council Action
Meeting Date March 91h, 2019
Time Required: 1 Minutes
Agenda Item Title: Consider Amendment or Cancellation of 5/14/City Council Meeting
Agenda Placement New Business
Originating Department/Requestor: Mayor McComber
Requester's Signature
Action Requested _Discussion, Possible Action
It is likely that I will have a conflict with the May 14t' City Council meeting; Would the Council consider
amending or cancelling the May 14t1 Council Meeting.
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