Loading...
HomeMy WebLinkAbout04-28-2021 Council Packet CITY OF OAK PARK HEIGHTS CITY COUNCIL MEETING AGENDA WEDNESDAY, APRIL 28, 2021 AT 4:30PM This meeting will be conducted by video/telephone conference due to the ongoing COVID-19 health pandemic. The meeting will follow the provisions of Minnesota Statute § 13D.021. If practical,members of the public may be permitted to remotely listen to the meeting as provided in 13D.021, Subd. 3, subject to such person paying for any added cost incurred by the City as a result of the additional connection. The open meeting can be viewed remotely online at: https://us02web.zoom.us/i/4786278054 or by calling (312- 626-6799)and entering meeting ID 4786278054. Please contact the City at 651-439-4439 or jpinski@cityofoakparkheights.com in advance of April 28,2021 if you have any questions about access. 4:30 p.m. I. Call to Order/Approval of Agenda Estimated times 4:30 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. 2) • Spring Clean-up Day: May 1 4:35 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). 4:40 p.m. IV. Consent Agenda(Roll Call Vote) A. Approve Bills & Investments B. Approve City Council Minutes—April 13, 2021 (pg. 4) C. Approve City Council Minutes—April 21, 2021 (pg. 9) D. Approve License for Sale/Storage of Consumer Fireworks at Lowe's (pg. 11) E. Approve License for Sale/Storage of Consumer Fireworks at Walmart(pg. 12) F. Waive Statutory Tort Limits for City Liability Insurance as Offered by LMCIT for 2021-2022 (pg. 13) G. Approve Appointment of Ms. Kaylyn Fahrendorff as a Full-Time City Police Officer(pg. 16) 4:40 p.m. V. Public Hearings 4:40 p.m. VI. Old Business A. Lookout Trail—Update and Requested Actions—Construction Agreement(pg. 17) 4:45 p.m. VII. New Business 4:45 p.m. VIII. Other Council Items or Announcements 4:45 p.m. IX. Adjournment Page 1 of 20 r Oak Park Heights Request for Council Action Meeting Date April 28, 2021 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 2 of 20 41 City Of Oak Park Hei hts 14168 Oak Park Blvd.N.Oak Park Heights,MN 55082.Phone(651)439-4439•Fax(651)439-0574 April 22, 2021. Tim Freeman 5770 Newgate Ave N Oak Park Heights, MN 55082 Dear Tim: 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, April 22, 2021, 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! Jennifer Pinski City Clerk TREE CITY U.S.A. Page 3 of 20 Oak Park Heights Request for Council. Action Meeting Date April 28, 2021 Agenda Item Approve City Council Minutes—April 13, 2021 Time Req. 0 Agenda Placement Consent Originating Department/Requestor Administration/Jennifer Pinski Requester's Signature X14 � `— Action Requested Approve Background/Justification (Please indicate any previous action has been taken or if other public bodies have been advised). See attached. Page 4 of 20 CITY OF OAK PARK HEIGHTS TUESDAY, APRIL 13, 2021 CITY COUNCIL MEETING MINUTES HELD VIA VIDEO CONFERENCE PER MN STAT. 13D.021 I. Call to Order/Approval 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 Kevin Sandstrom, City Planner Richards, and City Engineer Mann. Absent: None. Mayor McComber pulled Item G from the Consent Agenda and added"Consider Possible Repealing Elements of the City's Emergency Declaration Due to COVID-19" as New Business C. Councilmember Dougherty, seconded by Councilmember Liljegren, moved to approve the Agenda as amended. Roll call vote taken. Carried 5-0. II. CounciFStaff Reports: A. Mayor McComber: She reported she met with House Capital Committee Chair Representative Lee on March 24 and she met with Congresswoman Betty McCollum the previous week. B. Councilmember Doughertk: No report. C. Councilmember Johnson: She reported she spoke with Commissioner Kriesel, and Washington County sent a letter of support to Metro Transit regarding bus stop accessibility. D. Councilmember Liliegren: No report. E. Councilmember Runk: He reported the Middle St. Croix Watershed meeting was cancelled, and he would be attending the CVB meeting on April 14. F. Staff: Police Chief Hansen provided an update on operations: increased staffing, an offer made and accepted for a new hire which would be corning to Council for approval, research on non-lethal tools and moving forward with pepper ball guns, and an update of the business keyholder contact list to get emails for emergency correspondence. City Clerk Pinski reported that Charlie and Amanda Klecker of 6257 Panama Avenue North and Margaret Irwin of 5645 Newell Circle North were chosen as the recycling award winners. Pinski also reported that the Spring Clean up was set for Saturday, May 1. Page 5 of 20 City Council Meeting Minutes April 13, 2021 Page 2 of 4 Ill. Visitors/Public Comment: A. Update_frorn Coalition of Utility Cities— Transition to Renev�able Ener'(;;y_ Bill: Shane Zahil of Flaherty& Hood, consultant for the Coalition of Utility Cities, provided a legislative update. B. Saint Paul Area Association of REALTORS° — Fair Housing Month: Becky Wegscheid. Government Affairs Director for the Saint Paul Area Association of REALTORS, provided inforination on fair housing. IV. Consent AlZenda: A. Approve Bills & Investments B. Approve City Council Minutes—March 23, 2021 C. Approve Resolution Granting the Application of White Tails Unlimited Metro Area to Conduct a One-Day Raffle on June 5, 2021 at St. Croix Event Center D. Approve Resolution Authorizing Receipt of Donations and Directing the Donations be Used for the Parks E. Authorize Staff to Contract with St. Croix Sweeping F. Authorize Staff to Contract with Fahrner Asphalt for Street Sealing Areas 9, 10 and 1 1 Protection REMOVED FROM AGENDA H. Approve Proposal for Engineering Service—MPCA—MS4 Application/Pennit SWPP 1. Approve Proclamation for Municipal Clerks Week—May 2-8 Councilmember Runk, seconded by Councilmember Dougherty, moved to approve the Consent Agenda. Roll call vote taken. Carried 5-0. V. Public Hearings: A. Consider Issuance of an Off-Sale Intoxicating Liquor License for Yayin Gadol LLC dba Top Ten Liquors: City Clerk Pinski reported that the City received an application for a new off-sale liquor license for Yayin Gadol LLC doing business as Top Ten Liquors for a business to be located at 13435 60a` Street North. She reported that the background investigation was complete, the notice of the Public Hearing was published, and the fees had been paid. Mayor McComber opened the Public Hearin;. City Clerk Pinski read a written comment from Liquor Time opposing the license issuance. Omar Torres, Vice President of Marketing for Top Ten Liquors, was present at the meeting and requested approval of the license. Councilmember Runk, seconded by Councilmember Liljegren, moved to close the Public Hearing. Roll call vote taken. Carried 5-0. Page 6 of 20 City Council Meeting Minutes April 13, 2021 Page 3 of 4 Councilmember Liljegrcn, seconded by Councilmember Runk, moved to approve the license. Roll call vote taken. Carried 5-0. VI. Old Business: A. Lookout Trail -Accept Bids and Award Contract: City Administrator Johnson reported that the City received bids based on Option 3 which had been presented to the City Council during previous discussions of the design. City Engineer Mann reported that five bids were received and the low bidder was Dresel Contracting, Inc. for$975,985.95. He said the bid came in lower than the engineering estimate. Councilmember Dougherty, seconded by Councilmember Johnson, moved to accept the bid and move forward. Roll call vote taken. Carried 5-0, VII. New Business: A. Palmer Station PUD Amendment - 5573 Oak Cove N Front Yard Setback and Retaining, Wall Amendments: City Planner Richards reported that Olivia Gavic, on behalf of Creative Homes, applied for a Planned Unit Development Amendment to allow for changes to the retaining wall and grading plan. Richards reviewed his planning report and said the Planning Commission recommended approval. Councilmember Dougherty, seconded by Councilmernber Liljegren, moved to approve the Resolution. Roll call vote taken. Carried 5-0. B. Consider Cancellation of April 27, 2021 Council Meeting: Mayor McComber said she had a conflict with April 27. She suggested that if something came up, the City Council could look at scheduling a meeting for a different date. Councilmember Runk, seconded by Councilmember Dougherty, moved to cancel the April 27, 2021 City Council meeting. Roll call vote taken. Carried 5-0. C. Consider Possible Repealing Elements of the City's Emergency Declaration Due to COVID-19: Councilmember Dougherty suggested the City Council consider returning to in-person meetings since the vaccine was more widely available. Mayor McComber suggesting having staff look into options and what other cities were doing. Councilmember Johnson suggested keeping a Zoom link for the public. Councilmember Dougherty, seconded by Councilmember Johnson, moved to direct staff look into alternatives for meetings starting the end of the June. Roll call vote taken. Carried 5-0. Page 7 of 20 City Council Meeting Minutes April 13, 2021 Page 4 of 4 VIII. Other Council Items or Announcements: None IX. Adiourn: Councilmeinber Runk, seconded by Councilmember Liljegren, moved to adjourn at 6:49 p.m. Roll call vote taken. Carried 5-0. Respectfully submitted, Approved as to Content and Form, Jennifer Pinski Mary McComber City Clerk Mayor Page 8 of 20 Oak. Park Heights Request for Council Action Meeting Date April 28, 2021 Agenda Item Approve City Council Minutes—April 21, 2021 Time Req. 0 Agenda Placement Consent Originating Department/Requestor Administration/Jennifer Pinski Requester's Signatures Action Requested Approve B ackground/Justi fi cation (Please indicate any previous action has been taken or if other public bodies have been advised). See attached. Page 9 of 20 CITY OF OAK PARK HEIGHTS WEDNESDAY, APRIL 21, 2021 SPECIAL CITY COUNCIL MEETING MINUTES HELD VIA VIDEO CONFERENCE PER MN STAT. 13D.021 I. Call to Order: Mayor McComber called the meeting to order at 4:30 p.m. Present: Councilmembers Dougherty, Johnson, Liljegren and Renk. Staff present: City Administrator Johnson. City Clerk Pinski, Public Works Director Kegley, Police Chief Hansen, and City Attorney Kevin Sandstrom. Absent: None. II. Closed Session: City Attorney Sandstrom reported that the City Council would go into a closed session pursuant to Minnesota Statute 13A.05 for attorney-client privilege relating to potential litigation regarding tree damage on City property. Councilmember Johnson, seconded by Councilmember Runk, moved to go into a closed session. Roll call vote taken. Carried 5-0. The City Council discussed strategy and provided direction to the City staff. No motions were made in closed session. III. Adjourn: Councilmember Johnson, seconded by Councilmember Dougherty, moved to adjourn at 5:05 p.m. Roll call vote taken. Carried 5-0. Respectfully submitted, Approved as to Content and Form, Jennifer Pinski Mary McComber City Clerk Mayor Page 10 of 20 Oak Park Heights Request for Council Action Meeting Date April 28, 2021 Agenda Item Approve License for Sale/Storage of Consumer Fireworks at Lowe's Time Req. 0 Agenda Placement Consent Originating Department/Requestor Administration/Jennifer Pinski Requester's Signature---,— Action ignaturesAction Requested Approve Background/Justification (Please indicate any previous action has been taken or if other public bodies have been advised). TNT Fireworks has submitted an application on behalf of Lowe's Home Improvement in Oak Park Heights for a permit to sell fireworks in the City of Oak Park Heights. The license fee has been paid and proof of insurance has been submitted. I recommend approval of the permit pending passage of a background investigation by the Police Department. Page 11 of 20 Am Ir- Oak Park Heights Request for Council Action Meeting Date April 28, 2021 Agenda Item Approve License for Sale/Stogie of Consumer Fireworks at Walmart Time Req. 0 Agenda Placement Consent Originating Department/Requestor Adininistratioii/.Ieniiifer Pinski F Requester's Signature �... -� Action Requested Approve Background/Justification (Please indicate any previous action has been taken or if other public bodies have been advised). TNT Fireworks has submitted an application on behalf of Walmart in Oak Park Heights for a permit to sell fireworks in the City of Oak Park Heights. The license fee has been paid and proof of insurance has been submitted. I recommend approval of the permit pending passage of a background investigation by the Police Department. Page 12 of 20 J, - Oak Park Heights Request for Council Action Meeting Date April 28, 2021 Time Required: 1 min Agenda Item Title: Liability Coverage — LMCIT Waiver of Statutory Tort Limits Agenda Placement Consent Originating Department/Requester Finance — Betty Caruso Requester's Signature Action Requested Waive the statutory tort limits for City liability insurance as offered by the LMCIT for 2021-2022. Background/Justification (Please indicate if any previous action has been taken or if other public bodies have advised): The City's statutory tort limits for liability are $Soo,000 per individual, $1,500,000 per occurrence/aggregate. If the City chooses to "waive the tort limits to the extent of the insurance coverage purchased" the limits would then become $2,000,000 per individual and $2,000,000 ger occurrence/aggregate. In effect, the City is purchasing increased insurance coverage. The City has typically made this choice of"waiving the limits" and acquiring more coverage. Staff does recommend the "waiving of the limits" as expressed above as it provides addition liability coverages for minimal cost. Page 13 of 20 LHC(DLEAGUE MINNESOTA CITIES LIABILITY COVERAGE — WAIVER FORM Members who obtain liability coverage through the League of.Minnesota Cities Insurance Trust (LMCIT) must complete and return this form to LMCIT before the member's effective date of coverage. Return completed form to your underwriter or email to pstech(dInrc.ort;. The decision to waive or not waive the statutory tort limits must be made annually h1 fire member's governing body, in consultation with its attorney if necessary. Members who obtain liability coverage from LMCIT must decide whether to waive the statutory tort liability limits to the extent of the coverage purchased. The decision has the following effects: • If the member does not waive the statutory tort limits, an individual claimant could recover no more than $500,000 on any claim to which the statutory tort limits apply. The total all claimants could recover for a single occurrence to which the statutory tort limits apply would be limited to$1,500,000. These statutory tort limits would apply regardless of whether the member purchases the optional LMCIT excess liability coverage. • If the member waives the statutory tort limits and does not purchase excess liability coverage, a single claimant could recover up to $2,000,000 for a single occurrence (under the waive option,the tort cap liability limits are only waived to the extent of the member's liability coverage limits, and the LMCIT per occurrence limit is $2,000,000). The total all claimants could recover for a single occurrence to which the statutory tort limits apply would also be limited to $2,000,000,regardless of the number of claimants. • If the member waives the statutory tort limits and purchases excess liability coverage,a single claimant could potentially recover an amount up to the limit of the coverage purchased. The total all claimants could recover for a single occurrence to which the statutory tort limits apply would also be limited to the amount of coverage purchased, regardless of the number of claimants. Claims to which the statutory municipal tort limits do not apply are not affected by this decision. LEAGUE OF MINNESOTA CITIES = 'unr:ersfty cn,. vet G31; 281-1200 F' (6 51) 281-1298 INSURANCE TRUST F1. '-11 n,;esC, (SUC-)925-1122 www.lmc.org Page 14 of 20 LMC1T Member Name: Cheek one: The member DOES NOT WAIVE the monetary limits on municipal tort liability established by Minn. Stat. 4 466.04. aI'he member WAIVES the monetary limits on municipal tort liability established by Minn. Stat. 466.04, to the extent of the limits of the liability coverage obtained from LMCIT. Date of member's governing body meeting: Signature: Position- 2 Page 15 of 20 Oak Park Heights Request for Council Action Meeting Date April 28th 2021 Time Required: 1 minute Agenda Item Title: Appointment of full-time new hire Police Officer Agenda Placement Consent Agenda Originating Department/Requestor Chief of Police Steve Hansen Requester's Signature Action Requested Approve the Appointment of Ms. Kaylyn Fahrendorff as a City Police Officer Background/Justification (Please indicate if any previous action has been taken or if other public bodies have advised): I am requesting the appointment of Kaylyn Fahrendorff as a new hire full-time Police Officer. Fahrendorff has successfully completed the hiring process approved by council. This position is to fill vacancy created by the resignation of Officer Tennessen in Spring of 2020. Fahrendorff was selected into the top four applicants that made it to the final selection in the hiring process after the 2nd interview with the Committee;After review of the final Chief s interview and background information of education and employment references, Fahrendorff is selected as a final candidate. Fahrendorff does have some law enforcement experience from Anoka County Sheriffs Office which included 1 year as a CSO, Crime scene internship for 6 months and a deputy for 3 months. She also has a bachelor's degree from Hamline University in Criminal Justice, Criminology, and a certificate in Forensic Science. She is excited to work for the City and I feel she will be a good fit for this community. She would start at YEAR 1 (2021) in the LELS Pay scale (monthly): SALARY SCHEDULE EFFECTIVE,JANUARY 1, 2021,FOR POLICE OFFICERS �, Year-1 70% $ 5,104.10 (70%of Top Patrol) Year 2 80% $ 5,833.25 (84¢b of Top Patrol) Year 3 90% $ 6,562.41 (80%of Top Patrol Year 4 1 01V $ 7,281.57 TDP Patrol Fahrendorff has successfully completed the physical and psychological exam as required by POST licensing. Third and final conditional hire of employment would be Council approval tonight. Expected start date would be on May 3rd 2021. With appearance before council for swearing in ceremony at the date TBD upon completion of supervised field training program. Page 16 of 20 Oak Park Heights Request for Council Action Meeting Date April 281h, 2021 Time Required: 5 Minutes Agenda Item Title: Lookout Trail—Update and Requested Actions—Construction Services Agreement. Agenda Placement Old Business Originating Department/Requestor Eric Johnson, City Administrator Requester's Signature Action Requested Discussion and Possible Action Background/Justification (Please indicate if any previous action has been taken or if other public bodies have advised): Over the past several months the City has completed the design, testing and bidding of the Lookout Trail Project and is ready to move into a construction phase and which does require an additional agreement with STANTEC. This is sometimes separated from the previous phases as it is never known if a project will proceed until bids are secured. As the bids were favorable (Dressel)the requested action at this time is to: Approve Proposal for Construction Services —Lookout Trail with STANTEC for a NOT TO EXCEED FEE of$141,000. Please see the attached memo from LEE MANN, STANTEC—City Engineer. NOTE: To date the City is estimated to incur the following costs (legal or other minor costs not listed): Oak Park Heights Lookout Trail-Estimated costs STANTEC Enginering-Design and Bidding $ 79,000.00 STANETC Enginering-Design and Bidding-Supplemental-OPTION C $ 36,400.00 STANTEC Engineering-ConstrucVIGMT &and CLOSEOUT $ 141,000.00 Dressel Construction Project Construction-Awarded Bidder $ 975,985.95 American Engineering and Testing GEOTECH SOILS AND TESTING $ 16,000.00 These COSTS-TO DATE $ 1,248,385.95 Amount from I INDOT $ 1,100,000.00 Page 17 of 20 April 22, 2021 File: 193805070 Attention: Mr. Eric Johnson City of Oak Park Heights 14168 Oak Park Boulevard Oak Park Heights, MN 55082 Reference: Proposal for Construction Services— Lookout Trail Reconstruction Project Dear Eric: This letter constitutes the Scope of Services for Professional Services between the City of Oak Park Heights and Stantec Consulting Services Inc. for providing construction services for the Lookout Trail Reconstruction project. The total estimated hourly not-to-exceed fee for construction services is $141,000, including expenses. Additional services by others have been identified for geotechnical testing services. See the fee summary following the task descriptions. Construction services Stantec will provide construction observation, administration, and project management services including: • Preconstruction meeting, review of submittals • Coordinate and attend resident meeting prior to start of construction • Video and photographic documentation of existing conditions • Construction staking • Coordination with the Contractor and full-time construction observation of the work (est.10 weeks) • Ongoing coordination with private utilities • Provide 3 construction notices to affected properties along the project at the following intervals: ✓ Prior to start of construction ✓ Prior to curb placement/driveway patching ✓ Prior to final paving • Daily documentation of materials and quantities • Daily communication with residents as applicable • Coordination with an independent material testing firm and review of testing reports and invoices • Coordination of and attendance at 8 weekly meetings with the contractor and City staff • Erosion and sediment control inspections • Prepare and process Contractor pay applications • Complete as-built survey and record plans following project completion • Update GIS basemap as applicable • Final project closeout and documentation Page 18 of 20 Additional services Construction Material Testing: If the City chooses to do so, an independent material testing firm will complete compaction (density) testing, bituminous mixture and concrete sampling and testing. The estimated fees for the tasks outlined above are as follows: 1. Construction Services $125,000 -$138,000 2. Expenses $3,000 Total Estimated Fee: $128,000 -$141,000 Estimated Additional Services— Construction Material Testing Services $10,000 This letter and Scope of Services described above represent the understanding between the City and Stantec in respect to the Project and may only be modified in writing signed by both of us and is subject to the current Master Services Agreement between the City and Stantec. If this letter satisfactorily sets forth conditions of our Agreement, please sign in the space below and return one copy to our office. Thank you for the opportunity to provide these services. CITY OF OAK PARK HEIGHTS By Print Name and Title Date Page 19 of 20 If you have any questions, need additional information, or wish to discuss this matter in greater detail, please contact me. Regards, Stantec Consulting Services Inc. Lee M. Mann, PE MN,WI,CA Principal Phone: 612-712-2085 Lee.Mann@stantec.com c. file Andrew Kegley, Director of Public Works Kellie Schlegel, Craig Larson -Stantec Page 20 of 20