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HomeMy WebLinkAbout03-08-2022 Council Packet CITY OF OAK PARK HEIGHTS CITY COUNCIL MEETING AGENDA TUESDAY, MARCH 8, 2022 6:OOPM 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 • Chief of Police • Assistant City Administrator/City Clerk(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. Run Stillwater Presentation on St. Croix Crossing Half Marathon—July 30, 2022 (pg. 5) 6:10 p.m. IV. Consent Agenda(Roll Call Vote) A. Approve Bills & Investments B. Approve City Council Minutes—February 22, 2022 (pg. 23) C. Approve Resolution Granting Application of Stillwater Area Fastpitch Association to Conduct a One-Day Raffle at Stillwater Area High School on May 7, 2022 (pg. 27) D. Approve Proclamation for April 29, 2022 as Arbor Day and May as Arbor Month (pg. 29) E. Authorize KLM to Clean Exterior of Water Tower 1 (pg. 31) F. Accept Donation for Memorial Bench for Trail Behind City Hall (pg. 39) G. Approve Appointment to Planning Commission—David White to May 2024 (pg. 43) H. Approve Appointment to Planning Commission—Jennifer Van Dyke to May 2024 (pg. 45) L Authorize St. Croix Crossing Half Marathon on July 30, 2022 6:15 p.m. V. Public Hearings 6:15 p.m. VI. Old Business A. 2022 Mill and Overlay —Accept Bids and Award Contract and Construction Services (pg. 47) 6:20 p.m. VII. New Business 6:20 p.m. VIII. Other Council Items or Announcements Page 1 of 60 Agenda February 22,2022 Page 2 6:20 p.m. IX. Adjournment Page 2 of 60 LP .. Oak Park Heights Request for Council diction Meeting Date March 8, 2022 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 60 City of oak Park Hei hts 14168 Oak Park Bbd.N.Oak Park Heights,MN 55082.Phone(651)439-4439.Fax(651)439-0574 February 24, 2022 Michelle Sonterre 14551 Upper 551h Street N Oak Park Heights, MN 55082 Dear Ms. Sonterre: 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, February 24, 2022, 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'.-, Jenn_t�r Pinski City Clerk TREE CITY U.S.A. Page 4 of 60 Oak Park Heights Request for Council Action Meeting Date March 8th, 2022 Time Required: 1 Minute Agenda Item Title: _St Croix Crossing Half Marathon—July 30th, 2022 Agenda Placement VISITOR'S Comment/Consent Agenda Originating Department/Requestor Eric Johnson, City Administrator Requester's Signature Action Requested Authorize the St Croix Crossing Half Marathon to Proceed in the Cites July 30th, 2022 and pursuant to Final Agreement as Developed b,, Staff. Background/Justification (Please indicate if any previous action has been taken, or if other public bodies have advised): The City has been requested to authorize the St. Croix Crossing Half Marathon to move through the City on July 30, 2022. Please see the attached communication. They are proposing approximately 1,500 participants. This is to be a "for profit" event. As the City has had a number of similar events happen over the past several years, there have been very few issues that have arisen and all events have been well managed. The operators of this event appear to have significant experience in operating these events and they would bear all risk and burden of ensuing the safety and welfare of all participants and a further indemnification of the City. An impact fee of$500 and a$1,000 escrow fee is proposed consistent with past permits issued. Staff does recommend this authorization with the final approval being held by the Chief of Police and the execution of a Final Agreement consistent with past practices (Draft Enclosed). Marathon Organizer - Ms. Stacy Einck will be present at the 3/8/22 Council Meeting - Visitor's Comment section to provide a brief overview and to answer any questions the Council may have. Page 5 of 60 CITY OF OAK PARK HEIGHTS—ST CROIX CROSSING HALF MARATHON- AGREEMENT 2022 THIS AGREEMENT is made this day of ,2022 between the CITY OF OAK PARK HEIGHTS, Washington County, Minnesota ("City"), and Run Stillwater, Inc., ("RACE HOLDER") Whereas the RACE HOLDER,via the Contractor has approached the City—see letter dated January 14th, 2022 in "Exhibit A" - regarding the desire to have the St. Croix Half Marathon Event. (the "Event") to allow the event and its participants move through the City of Oak Park Heights on July 30th, 2022. The City does hereby approve such event subject to the execution of this document by the City and the RACE HOLDER and which requires the full compliance with all provisions. RECITALS I. The City hereby authorizes the RACE HOLDER to organize and conduct the Event within the statutory limits of the City of Oak Park Heights subject to the terms and conditions found herein. This shall be a singular event on the specified date. No date or route deviations shall occur in the City without the prior approval of the City. "Exhibit A" additionally contains the route map. The City expressly states to the RACE HOLDER that the routes chosen will be under traffic,including possible construction traffic from the St. Croix River Crossing Project or other public projects and the City will not provide any staff or police officers that will be charged with any traffic management at any area. At all times participants will strictly obey traffic laws and utilize in place pedestrian crossing systems. The RACE HOLDER shall make extensive, proactive efforts to communicate these protocols to all its participants and may NOT block or interfere with public roadways, trail-ways or other public spaces. This Agreement does not convey sole,primary or priority use of any public infrastructure. 2. Limitations. RACE HOLDER agrees that the number of Race participants for all races will be limited to a total of 3,000 individual participants through the course of the day. 3. Fees. RACE HOLDER shall pay a City impact fee of$500.00and $1,000.00 security escrow to the City by June 15th, 2022, see item 15. The RACE HOLDER may seek a waiver of the City's impact fee from the City Council through 12/31/22. 4. Parking Control. By June 15th, 2022, The Event Holder shall provide a parking plan for review by the City, so that the City can understand where all parking may be planned to occur and/or if other permitting is necessary. Should the City determine that there are meaningful number of participants or spectators parking in private lots within the City, the City reserves the right to withhold penalties as outlined in Section 17. Page 6 of 60 5. Garbage and Rubbish Removal. All garbage and refuse generated by the Event, including that left by participants and/or spectators, will be removed and properly disposed of by sundown on the day of the Event. The RACE HOLDER will be responsible to reimburse the City for any subsequent cleaning determined to be necessary by the City as a result of the Race. 6. Portable Toilets. Portable toilets will not be set-up in the City. Participants or spectators will be ticketed should they be viewed utilizing inappropriate toilet facilities. Further, should the City determine that because of the Event, that there are extraordinary circumstances in which there are persons along or near the race route utilizing inappropriate facilities, during the race day, the City reserves the right to withhold and collect penalties. 7. Water Stops and First Aid Stations. RACE HOLDER shall establish water and first aid stations at locations on the route in keeping with National Race Standards for similar events. Should the RACE HOLDER desire to place a station(s) in the City the RACE HOLDER shall explicitly seek that permission by supplying the exact locations and set-up proposal to the City not later than June 15th, 2022. The City may not unreasonably withhold such permissions. 8. Emergency. The RACE HOLDER shall provide to the City a copy of their Emergency Plan and will then be affixed hereto as "Exhibit B". Failure to provide an Emergency Plan does not release the RACE HOLDER from ensuring the protection of its participants. The City is not dedicating any additional resources to the Event and shall provide emergency services only as traditionally held during duty hours. 9. Food,Liquor and Vending. The RACE HOLDER will not sell commercial food,liquor or vending, nor will they license others to provide these services to race participants in the City. This provision does not prevent RACE HOLDER from providing food and nonalcoholic beverages to Race participants only and shall be consistent with the intent of this Agreement 10. Insurance, Hold Harmless, and Indemnity. The RACE HOLDER does agree to fully indemnify, defend, and holds harmless in totality the City with regard to any claims, causes of action or demands that might be brought against the City arising out of the events, activities, and occurrences arising out of or relating to this Agreement or activities hereunder including any claim brought by any participant or any other impacted parry. Further, the RACE HOLDER shall provide to the City evidence of insurance coverage of at least $1,500,000 of combined single limits covering claims that might be brought against them that arise out of the events authorized by this Agreement; and to name the City as an additional insured on their policy "as their interest may appear." This proof of insurance shall be provided to the City Administrator not later than June 15th, 2022 and affixed here to as "Exhibit U. Page 7 of 60 The RACE HOLDER have been made specifically aware by the City that runners and participants may be moving across surfaces that are un-even, unpaved, not regularly maintained for running, are not solely dedicated for pedestrian traffic and/or are impacted by construction or other hazards. The City does not warrant that any such surface is maintained in a condition that is suitable for the purposes of the RACE HOLDER and their participants. The RACE HOLDER shall inform all participants of these conditions at to use utmost caution, and cause participants to sign a waiver that releases the City from any responsibility or liability arising from their participation. 11. Public Information. RACE HOLDER shall make extensive, deliberate, affirmative and documented efforts to notify property owners and businesses along the Racecourse of any restrictions that might be placed upon their movements or activities during the Race. This shall include a letter sent to each residence along the race route within 5 business days prior to the event. 12. Communi , Participation. The City shall work in good faith with RACE HOLDER to encourage community participation in Race preparation and Race conduct. The City however shall not be required to perform any specific action or provide any funding or service. The City and RACE HOLDER shall not be deemed partners, a joint venture or any other similar affiliation merely by the City's encouragement of community participation. 13. Police Power. The RACE HOLDER shall maintain and monitor his/her personal cell phone at all times on the day of the race, and such phone number shall be provided to the City Police Department prior to June 15st, 2022 in order to enable the City to immediately reach RACE HOLDER in the event of any emergencies or safety issues during the Race. 14. Use of City Parks. RACE HOLDER may separately request in writing the use of various City Parks during set up, execution of the Race, and tear-down. The City shall endeavor to facilitate such use subject to prior reservations of record and in all situations, use of City park and shelters shall operate under City Ordinances. 15. Ci1y Costs. RACE HOLDER is jointly responsible to ensure that the City is reimbursed for all costs incurred by the City to allow such Race, including but not limited to City Police Department, Public Works Department, and Fire Department and as needed to safely conduct and maintain the event. A refundable cash deposit of$1,000.00 and the $500 impact fee must be made to the City by RACE HOLDER no later than June 15th, 2022. This $1,000 amount shall serve as a security to the City and shall be reimbursed to RACE HOLDER at such time RACE HOLDER pays to the City all costs incurred by the City and/or penalties due. The City shall invoice RACE HOLDER within 60 days of the Race for all final City costs incurred for the Race,if any. If City is required to take legal action to enforce this Agreement or collect penalties from RACE HOLDER, then RACE HOLDER shall be responsible to pay the City's costs of enforcement, including reasonable attorneys' fees and court costs, in doing so. Page 8 of 60 16. Term. The term of this Agreement is for the dates noted in the Agreement. 17. Non-Compliance. Failure on the part of RACE HOLDER to comply with specific provisions of this Agreement, including the providing of the preparatory documents and actions may result in the City implementing monetary penalties in the amount of $200.00 for each violation and/or the City's revocation of permission to hold this race within the City. The City will provide written notice to RACE HOLDER for each violation and will bill RACE HOLDER for such violation. The City may also conclude, through the decision of the Chief of Police that RACE HOLDER has not provided the required documentation in the required timelines the City may then revoke the permission to hold the race within the City limits, as determined by the Chief of Police. It remains RACE HOLDER'S responsibility to provide the required documents in a fashion wholly consistent with the dates stated in this Agreement. 18. Additional Permits. Not later than July 15th, 2022 the RACE HOLDER shall provide a copy to the City of the Washington County and/or the State of Minnesota permit(s) (to be incorporated herein as "Exhibit D") necessary to hold such race along or upon the St. Croix Crossing, STH 95 or other State or County roadways. Failure to provide this information may result in the City revocating this permit. IN WITNESS WHEREOF, the parties have set their hands effective the day and year first written above. ("RACE HOLDER") By Title: STATE OF ) COUNTY OF ) The foregoing instrument was acknowledged before me this day of 2022, by the the duly authorized agent for (the Race Holder). Notary Public Page 9 of 60 City of Oak Park Heights ("City") Mary McComber,,Its Mayor ATTEST: Eric Johnson, Its City Administrator STATE OF MINNESOTA ) ss COUNTY OF WASHINGTON ) The foregoing instrument was acknowledged before me this day of ,2022,by Mary McComber Mayor,and Eric Johnson,Administrator,for the City of Oak Park Heights. Notary Public Page 10 of 60 Exhibit A Route Maps & Course Support and Letter: ATEI RUM StilMethr 12 Marathon Lift Bridge Road Race St CK&L i,g Half Marathon Gepher to Badger Half Marathon Stirrater Boom Site Lag Run Hall-10K-5K 10M•10K-6K Half•10K•5K Half'1OK•6K 1OM-12K•5K May 28,2022 June 25,2022 July 30,2022 August 13,2022 Sepbn6er 17,2022 January 14,2022 Mr_Eric Johnson City Administrator City of Oak Park Heights 14168 Oak Park Blvd N Oak Park Heights,MN 5508 Hello Enc, After a two-year hiatus,we're looking forward to renewing races in the St_Croix Valley area this summer_This year,the St.Croix Crossing Half Marathon will be held on Saturday,July 30,2022_This letter is to inform you of the event and formally request the support of Oak Park Heights because the course runs through the edge of the community. Enclosed,is a map of the course. In addition,the following details provide more information on the size and scope of the event_ 1. Runners pass through Oak Park Heights-,they do not stop in the city 2. There will be no parking needs to accommodate in Oak Park Heights_Spectators,if any, along the trail at the west end of the St.Croix Crossing bridge,are being directed to use the trail parking area at Hwy 95 and the north entrance to Sunnyside 3. There will not be an aid station located in Oak Park Heights.The aid station in this area will be located in Stillwater just north of the OPH border_It will be staffed by race volunteers who have experience running aid stations at our events_We provide very clear instructions for set-up and tear-down,including cleaning up the area 4. Run Stillwater will not need public safety services from Oak Park Heights police.As with the inaugural event in 2019,the entrances to Sunnyside Marina(south and north)will be controlled by either Minnesota State Patrol or the Stillwater Police Department and race marshal staff.As the race is early(7:00 a.m.start)runners are very spread out at this paint in the course.We had no traffic issues in this area in 2019 Documentation Provided 1. Attached course plans with details 2_ Attached safety and all station plan 3_ The attached emergency plan has been approved by Medical Director Dr Lincoln Likness of Hudson Physicians,who coordinates Lakeview EMS and a group of volunteer medical staff supporting the event 4. Permits from the City of Stillwater and MNDoT will be provided when they are received prior to the event,peryour request.(Washington Cty permit not required forthis event) 5. A Certificate of Insurance will be provided prior to the event expressly indicating Oak Park Heights The maximum number of participants is capped at 1,500.Capacity was determined in 2019 when the event was first run and are still valid as determined by USA Track&Field and a number of nationally-recognized race consultants_ Thank you_.we look forward to working with Oak Park Heights- Best eights_Bestre'Qard Stacy Ei ick Coordinator Run Stillwater,Inc.•Stillwater,Minnesota 55082•irvWrunstilhwater.eom Page 11 of 60 + k SK St. Croix Crossing Half Marathon Half- ' Race Start Tia STILLWATER,MN flail}Mafathon 7:00 arra. SK 7:00 a.m. _ l�fff M�AATf{fi ------------ rsaar�air rsa r r sMur+',n i AWa Msy r Ana r a R L� Af m.n ys .: �, ■s'er+a.ew,:.cmc � Avis zv�m 1 5. „fir fk Ly y ■ 6f7i1M..iM vx e4 _ fh1K1 Arrd.r N asr li.w t+ = G r Page 12 of 60 v - a O C w w Y ' O C a o in a El t.J w w ElEl CD._ n a :2 uj GJ Iv I v 0 0 n ❑ :l in a w � _ 4! AndEraon armp I rm Y C C {:] O I i° ip za 54101 m *a: y o _ r` cu co a O N cv o U Q p -tf 4— N O ca 0 U L cn M o 2N N N � U _ _ 0) 0 cu C: o O +� >✓ � co >1 N �` 0 -5 Q� cn U 70 o (D Q U J L L Page 13 of 60 CI-1 ` 4 i LO L 0 v is v QQ a Paris Ave N N CIA, •� w LL ;y N Osgood Ave O c m cu O N M a m Q L75U L m 4-- N 0 L 4- c� o U Ucp g N to 4-- 0 0 0 >10 }, CD- Q� U � Q m O DO x U Q U J a N O L � U II Page 14 of 60 Exhibit B The Emergency Plan: Page 15 of 60 St. Croix Crossing Half Marathon July 30, 2022 Water Stations, Mobile, Spotters, etc. Traffic Plan & Staffing Emergency Plan Staffing Run Stillwater Inc. Race Coordinators Stacy Einck, (651) 470-3802 Kate Mertz, (651) 261-9997, Finish Line Coordinator Jon Neitzel (651) 210-7353, Marshal Coordinator Dr. Lincoln Likness, (414) 467-3544, Medical Director Half/10K/5K Starts Staffed — 8 to 10 people Basic first aid kit Porta potties Water Bag drop Water/Aid Stops At two-mile increments Staffed — 8 to 10 people Water/Gatorade Basic first aid kit Porta potty(s) — in the area On course mobile Moving along the course monitoring runners Lakeview EMS (roaming as needed) Sag bus/van following the last runner Bike patrol following the last runner (on trail portion) Race staff(roaming) Spotters - Marshals On the course in fixed positions Every intersection on the course will have a course spotter/marshal wearing approved safety vests. They will direct runners as needed, watch for runners who appear to be having difficulty and report that information to the course director, who in turn will pass that information to positions ahead of that runner with instructions to monitor that runner. Sag Bus/Van Following the last runner A bus/van will follow the last runner from the start line picking up anyone that decides they are done running/walking for the day. Event staff, in vans, will be dispatched as needed to meet the Sag Bus and bring those participants to the finish line area, where EMS staff will be located. Page 16 of 60 St. Croix Crossing Half Marathon/51K July 30, 2022 Finish Line Lakeview EMS w/ Ambulance (dedicated) Ice Water Gatorade Bouillon cubes (if needed) Recovery Food: Carbs Salty Fruit Fireman's mist (if needed and pending availability) Communication Serious medical situations will be reported via 911 with public safety responding. Minor first aid situations will be reported by text message to a dedicated event staff cell phone with event staff or event medical responding. Event staff will have a list of"Captain" cell numbers for both start lines and all water stations and for each course marshal. Cell numbers will allow event staff to communicate with each other at specific positions on the course regarding runners who have been reported to be "struggling". All medical incidents will be described in a written report that will include runner's name, bib number, description of medical issue and action taken. Traffic Plan and Staffing Course Description — (see map) Traffic on the course will be controlled by public safety officers, and course marshals. All marshals will wear approved safety vests. The marshals have all received training in traffic control. Each intersection on the course will be staffed. The first 1.6 miles of the course are on 1251h Ave. and 27th St. Public safety officers along with his/her squad car with lights flashing will be positioned behind the start line on 1251h Ave. and at the intersection of 271h St. and Cty. E to control traffic. The course crosses St. Croix County E. A public safety officer along with his/her squad car with lights flashing, will cover that intersection to ensure the runners' safe crossing. The course crosses St. Croix County V when it leaves Arbor Hills Dr. A public safety officer along with his/her squad car with lights flashing, will cover that intersection to ensure runners safe crossing to the east shoulder. As runners travel north on St. Croix County V they cross the interchange bridge over St. Hwy. 64. Per requirements of WisDOT, lighted "Caution Running Event in Progress" signs will be positioned at both ends of this portion of the course. Course marshals will be positioned along this part of the course to slow traffic and keep runners inside the traffic cones. Runners will proceed on the East/North/West side of Andersen Scout Camp Road to the "T" intersection at the service road on the north side of 64 where they will move to the south side of the road, within cones on the shoulder. 2 Page 17 of 60 St. Croix Crossing Half Marathon/51K July 30, 2022 Runners will remain on this side of the road to Houlton School Rd. where they will turn East and pick up the St. Croix Crossing Loop Trail. Emergency Plan Race staff and public safety representatives will meet at a mutually agreeable time before the race to review all aspects of the emergency plan. Medical support for the event will be coordinated and managed by Medical Director Dr. Lincoln Likness of Hudson Physicians. Pre-Race Weather Race staff will use a direct phone number at the National Weather Service providing immediate, 24/7 access to weather information. Pre-race weather will be monitored carefully. A race day forecast that indicates the possibility of"outside the norm" weather (heat, cold, wind, potential severe weather, etc.) will be passed on to participants via email the night before the race. In this email any possible adjustments to the race day schedule will be identified and any suggestions for runners (very hot— hydrate more) will be passed along. Race-Day Weather Race day morning, race staff will have arranged in advance to connect with the National Weather Service and get an hourly forecast through 12 noon for the race area. If there is any weather in the forecast that could affect the race (high winds, electrical activity) either by delaying the start times or canceling the races altogether, weather monitoring will be done in increments of thirty minutes. The decision to delay the race start or cancel the race altogether will be made by the race coordinators based on weather conditions. Race coordinators will then notify public safety. All public safety officer contacts will be identified one week prior to the race and will exchange cell phone numbers with the race coordinators. The races will only be started if the weather forecast shows that runners will be able to complete their races without severe weather impacting them (7:00 a.m. — 10:00 a.m.). Parameters for weather conditions are as follows: • Electrical activity in the area • Hail • High winds • WBGT less than 65 degrees Fahrenheit is Green Flag/No Warning to runners necessary • WBGT 65 to 72 degrees Fahrenheit is Yellow Flag/Recommend participants at increased risk for heat collapse. Slow pace. Warn all entrants of increased risk of heat collapse. • WBGT 73 to 82 degrees Fahrenheit is Red Flag/Recommend participants at increased risk for heat collapse withdraw from race, and other slow pace to match conditions. 3 Page 18 of 60 St. Croix Crossing Half Marathon/51K July 30, 2022 • WBGT above 82 degrees is Black Flag/Cancel or recommend voluntary withdrawal. Note: Wet Bulb Global Temperature (WBGT) parameters according to U.S.A. Track and Field guidelines. In the event that delaying the start or canceling the race is contemplated, runners will be held at the race check-in point—the Water Street Inn — until a definitive schedule can be set. Runners will be asked to either stay inside the hotel or on the shuttle buses. (All runners are shuttled by bus to their respective race starting lines). Runners will receive schedule updates on a regular basis from race staff and course marshals. The race will use standard safety procedures regarding the presence of lightning on the course. The race will be delayed or stopped if there is any lightning on the course and will only be started or resumed after 30 minutes without any electrical activity in the area and a weather forecast that indicates no electrical activity is predicted in the area until after the projected race finishing times. If the races have started and there is a weather change that introduces the possibility of severe weather impacting the races while they are in progress, all shuttle buses will be positioned on the course to pick up runners if evacuation of the course(s) becomes necessary. Evacuation Plan If the races is stopped because of severe weather, or any other reason, the decision to stop the race will be communicated to staff on the course by the race coordinators. Public safety officers will drive the courses announcing the decision to stop the race over their squad car sound systems. The race shuttle buses will be used to clear the course. Buses will rotate down the course following the stream of runners. Minnesota Central Bus, will coordinate the bus movements under direction of race staff and public safety officers. Runners will be delivered to The Water Street Inn in downtown Stillwater so they can return to their cars. 4 Page 19 of 60 Exhibit C Proof of Insurance: Page 20 of 60 Exhibit D Washington County and State of MN Permits: Page 21 of 60 THIS PAGE INTENTIONALLY LEFT BLANK Page 22 of 60 � a R Oak Park Heights Request for Council Action Meeting Date March 8, 2022 Agenda Item Approve City Council Minutes—February 22, 2022 Time Req. 0 Agenda Placement Consent Originating Department/Requester Administration/Jennifer Pinski Requester's Signature -� Action Requested Approve Background/Justification (Please indicate any,previous action has been taken or if other public bodies have been advised). See attached. Page 23 of 60 CITY OF OAK PARK HEIGHTS TUESDAY, FEBRUARY 22, 2022 CITY COUNCIL MEETING MINUTES HELD 'VIA VIDEO CONFERENCE PER MN STAT. 13D.021 I. Call to Order/Pledge of Allegiance/Approval of Agenda: Mayor McComber called the ineeting to order at 6:00 p.ni. Present: Councilmembers Dougherty, Johnson, and Runk. Staff present: City Administrator Johnson, Police Chief Hansen, Assistant City Administrator/City Clerk Pinski, Building Official Julie Hultman, and City Attorney Sandstrom. Absent: Councilmember Liljegren. Councilmember Runk, seconded by Councilmember Dougherty, moved to approve the Agenda. Roll call vote taken. Carried 4-0. 11. Council/Staff Reports: A. MayorcComber: Mayor McComber reported that she and City Administrator Johnson met with the lobbyist the previous week regarding the bonding bill; she attended a Zoom meeting with the House Climate and Energy Finance and Policy Committee and a meeting with the Senate Transportation Finance and Policy Committee; and the next JAZB meeting was set for February 23. B. Councilmember Dou hg_ery: No report. C. Councilmember Johnson: No report. D. Councilmember Liljeen: Absent. E. Councilmember Runk: He reported he attended the CVB meeting and they were working on how to proceed with the new coordinator. He reported he also attended the Middle St. Croix Watershed Management Organization meeting on February 17. F. Staff. Police Chief Hansen reported that the City recognized Sandy Kruse for 35 years of employment on February 10, and the Police Department would be doing combined training with Bayport Police Department through the year. Assistant City Administrator/City Clerk Pinski reported that the renter at 14224 57th Street North was chosen as the recycling award winner, and that Annalise Berres accepted the offer for the Summer Park Program Coordinator for 2022. III. Visitors/Public Comment: None IV. Consent Agenda: A. Approve Bills & Investments B. Approve City Council Minutes—February 8, 2022 Page 24 of 60 City Council Meeting; Minutes February 22, 2022 Page 2 of 3 C. Approve License for Sale/Storage of Fireworks at Menards D. Approve Renewal of Consumption and Display Permit for Sodie's Cigar & Pipe E. Impose$500 Sanction and Accept Payment— Speedway Store#7036 for Tobacco Compliance Failure F. Approve Resolution Re-establishing Unchanged Precinct and Polling Place in the City of Oak Park Heights G. Approve JPA for Fuel Contract 2022 Councilmember Runk, seconded by Councilmember Dougherty,moved to approve the Consent Agenda. Roll call vote taken. Carried 4-0. V. Public Hearings: A. Amendment to CC 1115—Fire Code: Mayor McComber opened the Public Hearing. Building Official Julie Hultman reported that the purpose of the amendment was to shorten the title and to adopt Appendix P of the Minnesota State Fire Code. Allen Eisinger of the Bayport Fire Department was present and was in favor of the amendment. Chief Hansen said his department supported it as well. Councilmember Dougherty, seconded by Councilmember Johnson, moved to close the Public Hearing. Roll call vote taken. Carried 4-0. Councilmember Dougherty, seconded by Councilmember Johnson, moved to adopt the Ordinance change. Roll call vote taken. Carried 4-0. VI. Old Business: None VII. New Business: A. Discussion on Remote Meetings —COVID-19: Mayor McComber reported that COVID-19 case numbers were leveling off. Councilmember Dougherty, seconded by Councilmember Johnson, moved to resume in- person meetings. Roll call vote taken. Carried 4-0. B. Set Workshop Meeting-Dates: Councilmember Dougherty, seconded by Councilmember Runk, moved to set a goalsetting and meeting with Aimee Gourlay for March 30, 2022 at 4:30 p.m., to set a meeting with the King Plant Advisory Panel and for Stantec presentations for March 15, 2022 at 4:30 p.m. with an alternate date of March 29, 2022 at 4:30 p.m., and to set the Norell preconstruction neighborhood meeting for April 26, 2022 at 5:00 p.m. with the Council meeting to follow. Roll call vote taken. Carried 5-0. Page 25 of 60 City Council Meeting Minutes February 22, 2022 Page 3 of 3 VIII. Other Council Items or Announcements: Mayor McComber reported she would forward Safer Cities Challenge information for staff to review. IX. Adiourn: Councilmember Johnson, seconded by Councilmember Runk, moved to adjounl at 6:21 p.m. Roll call vote taken. Carried 4-0. Respectfully submitted, Approved as to Content and Form, Jennifer Pinski Mary McComber City Clerk Mayor Page 26 of 60 f n Oak Park Heights Request for Council lection Meeting Date March 8, 2022 Agenda Item Approve Resolution Granting the Application of Stillwater Area Fastpitch_ Association to Conduct a One-DayRaffle at Stillwater Area High School on May 7, 2022 Time Req. 0 Agenda Placement Consent Originating Department/Requestor Administration/Jennifer Pinski Requester's Signature �� _ i Action Requested Approve Background/1ust1fication (Please indicate any previous action has been taken or if other public bodies have been advised). See attached. Page 27 of 60 RESOLUTION 22-03-12 CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY,MINNESOTA RESOLUTION GRANTING THE APPLICATION OF STILLWATER AREA FASTPITCH ASSOCIATION TO CONDUCT A ONE-DAY RAFFLE AT STILLWATER AREA HIGH SCHOOL ON MAY 7, 2022 WHEREAS, Emily Dollerschell, on behalf of Stillwater Area Fastpiteh Association, has submitted a request to conduct a one-day raffle on May 7, 2022 at the site of the Stillwater Area High School softball field, 5701 Stillwater Boulevard North; and WHEREAS, Ms. Dollerschell has reported that the State of Minnesota Gambling Control Board has confirmed that the Stillwater Area Fastpitch Association is a 501(c) organization and is authorized to conduct a raffle without a permit as an excluded organization under Minnesota Statute; and WHEREAS, the City of Oak Park Heights has reviewed the request and finds that its purposes meet the necessary community standards; and WHEREAS, the City of Oak Park Heights has solicited the input of the public and there have been no objections to the granting of the request for the raffle as applied for by Stillwater Area Fastpitch Association. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL FOR THE CITY OF OAK PARK HEIGHTS AS FOLLOWS: That the request by Stillwater Area Fastpitch Association to conduct a one-day raffle on May 7, 2022 at the site of Stillwater Area High School softball field, 5701 Stillwater Boulevard North, within the City of Oak Park Heights is hereby approved. Passed by the City Council of Oak Park Heights this Sffi day of March, 2022. Mary McComber ATTEST: Mayor Eric A. Johnson City Administrator Page 28 of 60 0 Oak Park Heights Request for Council Action Meeting Date: Tuesday March 8th 2022 Agenda Item: Arbor Day Proclamation 2022 Time Req. 1 Minute Agenda Pfacement: Consent Originating Department/Requestor: Pubic Works Andy Kegley, Public Works Director Lisa Danielson, Arborist Requester's Signature - Action Requested: Proclaim 44asy, Aril 29th 2022 Arbor Day and the month of Ma 2022 Arbor Month Please See Attached Proclamation. Arbor Day is recognized in all 50 states as well as in many other countries. Many communities have special Arbor Day events and activities such as tree plantings. During Arbor Month the benefits of tree care and the importance of tree plantings are expressed. Arbor Day and Arbor Month are a great way to get the community active outdoors and make a difference in the appearance of their property and city parks. The City of Oak Park Heights has been named a Tree City USA for 39 years strong and the award is valued greatly by the community. Therefore I recommend the Council to proclaim Friday April 291h 2022 Arbor Day in the City of Oak Park Heights and the month of May to be Arbor Month in the City of Oak Park Heights. Page 29 of 60 CITY OF OAK PARK HEIGHTS PROCLAMATION WHEREAS: Minnesota is home to many of our nation's natural resources,foremost among them are our beautiful and abundant forests;and WHEREAS: Trees are an increasingly vital resource in Minnesota today, enriching our lives by purifying the air,conserving soil,water and energy,creating Yobs through a large forest products industry, serving as recreational settings, providing habitat for wildlife of all kinds,and creating beautiful landscapes to make our communities more livable;and I WHEREAS: Human activities such as construction damage, pollution and neglect,as well as climatic extremes, disease and insects threaten our trees,creating the need for concerted action to ensure the future of community and rural forests in our state and throughout the country; and WHEREAS: Each individual can act locally to improve the environment by planting trees and ensuring that these trees are protected and receive proper maintenance in the years ahead;and WHEREAS: Each year on the last Friday in the month of April and throughout the month of May, the people of Minnesota pay special tribute to the vita] natural resource that our trees represent and dedicate themselves to the continued vitality of our state's community and rural forests; NOW, THEREFORE I, Mary McComber, Mayor of the City of Oak Park Heights, do hereby proclaim Friday, April 29, 2022 to be ARBOR DAY and the month of May,2022 to be ARBOR MONTH in Oak Park Heights, Minnesota. Signed this, ,2022 Mary McComber, Mayor Tree City U.S.A. Page 30 of 60 Oak Park Heights Request for Council Action Meeting Date: Tuesday March 82022 Agenda Item : Water "lower 1 exterior cieanin, Time Req. 1 Minute Agenda Placement: Consent Originating Department/Request : Andv Ke levPublic Works Director Requester's Signature --�/ Action Requested: Authorize LM to clean the exterior of water tower 1 Background/Justification (Please indicate any previous action has been taken or if other public bodies have been advised). See attached memo. Page 31 of 60 City of Oak Park Heights 14168 Oak Park Blvd N.•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 ®ate: 03/03/2022 Re: Cleaning the Exterior of Water Tower 1 Water tower 1 is in need of exterior cleaning. Proper care in procedure is required when power washing water towers to avoid damaging the coating. The procedure will involve power sprayers and a gentle soap solution to remove debris and mildew, however the pressure will be relatively low and the work is methodical to avoid damage to tower components and the coating. Cleaning water tower exteriors does require a crew with the proper knowledge and experience. KLM, a local company now based out of Woodbury, MN has the knowledge and experience and have built a solid reputation as water tower specialists. KLM Engineering is proposing to complete the work for $6,200. Funding for water tower maintenance comes from the water tower rehab fund, which has a current balance of $875,482. 1 recommend the Council authorize KLIM to clean the exterior of water tower 1 for $6,200 and funded fromn t h a water tower rehab fund. Page 32 of 60 „ ..� Corporate Office 1976 Wooddale Drive,Suite d 1 Woodbury,MN 55125 Phone(651)773-5111 f Fax(651)773-5222 January 12, 2022 By Email Only Mr. Andrew Kegley Public Works Director City of Oak Park Heights PO Box 2007 Oak Park Heights, Minnesota 53075 RE: Proposal to Perform an Exterior Cleaning of the 250,000-Gallon Single Pedestal Water Tower Located in the City of Oak Parr Heights, !Minnesota. ts Dear Mr. Kegley: KLM is pleased to submit this proposal to clean the exterior of the 250,000-gallon single pedestal water tower located in the City of Oak Park Heights, Minnesota. KLM proposes to perform a detailed cleaning of the exterior of this elevated water tower in conformance with AWWA. By choosing KLM Engineering, Inc., the City of Oak Park Heights, Minnesota is investing in the knowledge and expertise of a consultant who can perform a thorough cleaning of the exterior of your water tower. KLM's knowledge and experience in the field of water tower structural examination and coating evaluation can be confirmed by checking our enclosed references. KLM knows and understands what will work to remove the debris and bring the tower's coating back to new like condition. This work is based on years of experience and the correct chemical treatment and washing ratio. The experience of KLM's staff in water tower inspections has been enhanced by our training as National Association of Corrosion Engineers(NAGE) Certified Coatings Inspectors and American Welding Society (AWS) Certified Welding Inspectors. This training, plus the years of experience in abrasive blasting (surface preparation) painting, rigging, welding, and inspecting has given this company a competitive edge for performing this type of work in a safe and professional manner. Page 33 of 60 City of Oak Park Heights,Minnesota(Exterior Cleaning) 2 Scope of Werk Exterior Pressure Washing The complete exterior of the tower(roof, tower/stem and shell) shall be cleaned by power x ashim-,. Power wash and clem water rinse surfaces shall be completely dry inspected and approved by the Owner. This work explicitly includes all work and operations, including but not limited to those necessary for: the movement of personnel, equipment, supplies, and incidentals to and from the project site; the establishment and subsequent removal of all offices, contractor's buildings, and other facilities necessary for work on the project; cleanup of the tower and site and all other work and operations which must be performed or costs incurred prior to beginning and after completion of work on the various items on the project site. KLM is responsible for the protection of all antennas, cables, and associated equipment from damage during the exterior cleaning. Protection may include the temporary removal of antennas and/or cables from their support mounts to blast and paint behind or beneath these items. All equipment cabinets and buildings must be adequately protected and vented to prevent dust contamination and overheating of equipment. The contractor shall coordinate all work with the antenna owners. The complete exterior of the tower shall be cleaned by power washing to remove any dirt streaking, water, soap, or other debris which may accumulate from the washing operations. KLM is not responsible for any coating damage that may occur during exterior cleanings. If the exterior protective coatings are failing prematurely KLM will discuss with the owner different options on removing the mold/mildew/biofilm. If the current coatings are visibly showing premature coating failures prior to KLM entering the job site KLM's crew will discuss options for proceeding. If KLM starts the cleaning process and the coatings begin to be removed KLM will discuss this with the owner. Exterior Cleaning Fees 250,000-Gallon Single Pedestal The cleaning will be performed in accordance with this proposal for a fee of: 6,200.00 Fees are subject to change if proposed work exceeds 12 months from this bid proposal. Owner's Responsibilities The Owner's personnel shall be responsible for: ■ Providing a live fire hydrant for fresh water to the pressure washer. • Approving the cleaning at the start up and when it's completed. Terms and Conditions KLM has attached our standard Terms and Conditions. The attached Terms and Conditions are part of this agreement between the City of Oak Park Heights, Minnesota and KLM Engineering, Inc. unless otherwise agreed to in writing by both parties. Page 34 of 60 City of Oak Park Heights,Minnesota(Exterior Cleaning) 3 A6reement This proposal is valid for sixty (60) days from January 12, 2022. If the City of Oak Park Heights, Minnesota funds this proposal acceptable, please sign and return. When KLM receives the signed proposal, we will call the City to coordinate a cleaning schedule. When the cleaning is done to the satisfaction of the Owner, KLM will bill the Owner according to this agreement. If you have any questions regarding this proposal. please call me at 651-773-5111 or fax this proposal back at 651-773-5222. This agreement, between the City of Oak Park Heights, Minnesota and KLM Engineering, Inc. of Woodbury, Minnesota is accepted by: City of Oak Park Heights, (Name) (Title) Minnesota (Date) r j - - Director of Business Development KLM Engineering, Inc. (Name) (Title) Woodbury, Minnesota January 12, 2022 (Date) We look forward to working with you. Sincerely, KLM ENGINEERING, INC. Michael Novitzki Director of Business Development Phone: 651-773-5111 Fax: 651-773-5222 Cell: 651-440-5058 Email: nlnovitzki(a hlmenOneering.com Enclosed: KLM's Terms and Conditions UAProposalslOak Park Heights,MN.250MG single ped,exterior cleaning single ped.ext.cleaning.docm Page 35 of 60 KLM ENGINEERING. INC. TERMS AND CONDITIONS 1. BASIC SERVICES. The scope of KLM's work is described in the attached proposal or contract agreement and may not be expanded or reduced except by mutual agreement in writing. 2. ADDITIONAL SERVICES. Additional work or services shall not be performed without a duly executed change order or purchase order outlining the scope of additional work on services. 3. OWNER'S RESPONSIBILITIES. OWNER shall fully disclose to KLM its knowledge of the condition of the structure and its past and present contents and shall provide KLM with full information regarding the requirements for the project;shall designate an individual to act on OWNER'S behalf regarding the project. If necessary, shall clean and make the structure safe for entry; shall furnish the service of other consultants (including en,,ineers,insurance consultants,accountants,attorneys,etc.)when those services are reasonable required or are reasonably requested by KLM;shall test for pollution and hazardous materials when required by law or requested by KLM;and shall provide all necessary permits and other authorization. 4. SAFETY. KLM shall only be responsible for safety of KLM personnel at the work site. The Owner or other persons shall be responsible for the safety of all other persons at the site. Owner shall inform KLM of any known or suspected hazardous materials or unsafe conditions at the work site. If,during the course of the work, such materials,or conditions are discovered,KLM reserves the right to take measures to protect KLM personnel and equipment or to hurnediately terminate services. Owner agrees to be responsible for payment of such additional protection costs. Upon such discovery,KLM agrees to immediately notify the Owner in writing,of the hazardous materials or unsafe conditions. 5. HAZARDOUS MATERIALS. Unless agreed in the scope of work KLM has no responsibility for the discovery,presence, handling,removal or disposal of or c.\posure of persons to hazardous materials at the project site. To the full extent permitted by the law,OWNER shall defend and indemnit}r KLM and its employees from all claims,including costs and attorney fees,arising out of the presence of hazardous materials on the job site. b. SITE ACCESS AND RESTORATION. Owner will furnish KLM safe and legal site access. It is understood by Owner that in the normal course of work,some damage to the site or materials may occur. KLM will take reasonable precautions to minimize such damage. Restoration of the site is the responsibility of the Owner,unless agreed to in the scope of work. 7. STANDARD OF CARE. KLM will perform services consistent with the level of care and skill normally performed by other frons in the profession at the time of this service and in the geographic area,and under similar budgetary constraints. No other warranty is implied or intended.. 8. SCHEDULING. Prior to scheduling the OWNER shall furnish a written purchase order or request for the services required and shall give as much notice as possible in advance of the time when the services are desired. Our ability to respond to such an order will depend upon the amount of advance notice provided. If an inspection is canceled or delayed after KLM personnel and/or equipment are in transit to the work site,then the OWNER shall be billed,according to the TERMS AND CONDITIONS,for costs incurred by KLM. 9. INSURANCE. KLM will maintain worker's compensation insurance and comprehensive general liability insurance and will provide OWNER with a certificate of insurance upon owner's request. Page 36 of 60 10. PAYMENT,INTEREST AND BREACH. KLM will submit itemized monthly or other periodic invoices for work previously performed. Invoices are due upon receipt. OWNER will inform KLM of invoice questions or disagreements within 15 days of invoice date,unless so informed, invoices are deemed correct. OWNLR shall make payment within 30 days after receiving each statement,and overdue payments will bear interest at 1.5 percent per month if OWNER is a business entity and at the legal rate of interest of the state in which the project is located if OWNER is a consumer. If any invoice remains unpaid for 60 days, such non-payment shall be a material breach of this agreement. As a result of such material breach,KLM may,at its sole option,suspend all duties to the Owner or other persons,without liability. Owner will pay all KLM collection expenses and attorney fees relating to past due fees,which the Owner owes under this agreement. 11. MUTUAL INDEMNIFICATION. Except as to matters actually covered by insurance purchased by KLM. KLM agrees to hold harmless and indemnify OWNER from and against liahilit\ arising out of KLM's negligent performance of the work, subject to any limitations,other indemnifications or other provisions OWNER and KLM have agreed to in writing. Except as to matters actually covered by insurance purchased by OWNER,OWNER agrees to hold harm less and indemnit` KLM from and against liability arising out of OWNER'S negligent conduct,subject to any limitations,other indemnification's or other provisions OWNER and KLM have agreed to. 12. LIMITATION OF LIABILITY. OWNER agrees to limit KLM's liability to OWNER arising from professional acts,errors or omissions, such that the total aggregate liability of KLM does not exceed KLM's project fees except as to matters actually covered by insurance purchased by KLM. 13. DELAYS. If KLM work delays are caused by Owner,work of others, strikes,natural causes,weather, or other items beyond KLM's control,a reasonable time extension for performance of work shal I be granted, and KLM shall receive an equitable fee adjustment. 14. TERMINATION, After 7 days written notice,either party may elect to terminate work for justifiable reasons. In this event,the OWNER shall pay for all work performed,including demobilization and reporting costs to complete the file project and reports to OWNER. 15. SEVERABILITY. Any provisions of this agreement later held to violate a law or regulation shall be deemed void,and all remaining provisions shall continue in force. However,OWNER and KLM will in good faith attempt to replace an invalid or unenforceable provision with one that is valid and enforceable, and which comes as close as possible to expressing the intent of the original provision. 16. KLM'S DOCUMENTS. All reports,specifications,drawings and other documents furnished by KLM are part of KLM's services to OWNER for use only for the project,and KLM retains all ownership of said documents regardless of whether the project is completed. OWNER may retain copies for reference in connection with the use and occupancy of the project;but KLM does not represent that the documents are suitable for reuse on extension of the project or on other projects. OWNER and others shall not use the documents on other projects or extensions of this project except by KLM's written agreement. OWNER will defend and indemnify KLM from all claims or losses arising out of the unauthorized use of the documents. 17. ARBITRATION. Any controversy or claim for money damages arising out of or relating to the making or performance or interpretation of this AGREEMENT,or the breach of this AGREEMENT,shall be settled by arbitration in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association. The arbitration panel shall consist of three arbitrators,at least one of who is a structural engineer;and the panel may award only money damages and shall not award equitable relief, Judgment upon the arbitration award may be entered in any court having jurisdiction of the parties. The enforceability of these arbitration provision and arbitration awards will be governed by the Federal Arbitration Act. Page 37 of 60 18, ARBITRATION FEES. The prevailing party to any dispute arising out of this AGREEMENT shall be entitled to recover its reasonable fees and costs from the other party. 19. JOB SITE IMAGES,PHOTOGRAPHY AND VIDEO. During the term of this contract and thereafter, KLM has permission to take still photographs or video of the site for training,documentation,education or promotional purposes. A signed_agreement constitutes the Owner's written permission to use the photographic image or video in the manner described herein. The only identifiable information to be used by KLM will be the Owner's name as displayed on the image.Acceptance of these terms and conditions is considered a legal release by the Owner allowing KLM to use of photographic images as described herein. CAwinwordUerms&Cond.,proposal_ 1111997 Page 38 of 60 0 Oak Park Heights Request for Council Action Meeting Date: Tuesday March 8th 2022 Agenda Item: Accept Donation for Memorial Bench for Trail behind City Hall Time Req. 1 Minute Agenda Placement: Consent Originating Department/Requestof7 Public Works, Andy Kegley, Public Works Director, Lisa Danielson Public Works O ator Requester's Signature -- - Action Requested: Acce t D ation for Memori Bench for Trail behind CitV Hall-From The Bement Family Please See Attached Memo, Bench Photo and Map of Proposed Placement for the Bench Page 39 of 60 1k City of Oak Park Heights 14168 Oak Park Blvd N.•Oak Park Heights,MN 55082•Phone(651)439-4439•Fax 439-0574 Memorandum To: Andy Kegley, Public Works Director Cc: Eric Johnson, City Administrator, Mayor and Council From: Lisa Danielson, Public Works Operator Date: 02/22/2022 Re: Accept Donation Bench for Trail behind City Hall The City was contacted by Tanea (Bement) Thompson a former resident who grew up in Oak Park Heights. She and her brother Tristan are requesting to donate a memorial bench for the trail behind City Hall in memory of their parents. They will cover the cost for the bench, plaque, concrete, and supplies. The City Public Works Department will coordinate the project. A photo of the bench and map of proposed locations for the bench are attached. The bench will be in memory and dedicated to their parents Rob and Donna Bement. The following is a summary provided by the family about Rob and Donna, "On December 14th, 2020, Donna was moved to Oak Park Senior living, (where she resides today) in the Memory Care wing, suffering from Frontotemporal dementia. Rob passed away unexpectedly at home two weeks after this date, and is missed every day. Rob and Donna were/have been long time residents of Oak Park Heights, lived in their same home for 40 years, and raised their two children (Tanea and Tristan Bement) in this home. Rob was a retiree of Andersen Windows, a lacrosse coach after retirement for many years, loved playing "Santa" in the community each December, and was an amazing father, husband, friend and family member. Both Rob and Donna loved their community, friends, family, neighbors, and the home they chose to raise us kids in. Today, we still own our family home on Oldfield Court, and Tristan Bement currently lives there. Oak Park Heights will always be our home, and my parents' home." The family's preference for the bench is along the trail behind City Hall. The total of the donation will be $2,071.24 1 recommend the City accept the donation of $2,071.24 from the Bement family for the memorial bench. If the donation is accepted, the payment of$2,071.24 will be required before the bench is ordered. TREE CITY T.S.A. Page 40 of 60 Bench- Premier Polysteel Contour Memorial Bench Color: Black Length: 6 feet Cost: $2,071.24 (*Includes: Bench, Plaque, Engraving, Concrete Slab, Materials & Installation) Page 41 of 60 PROPOSED PREFERRED BENCH PLACEMENT LOCATION IDEAS 8:471 .� Vi Tires t a St Crotx Animal Hospital llr�� z O O r r C7 z O r p n e > m C rxs i. Z ak Park F eicghts Q S:;aC 57TH $T N The Bement family would like the bench to be located along the trail behind City Hall. Preferably right on the Trail crossing where it crosses Oldfield Ave N (currently a wooden bench is there-west side of street), or at the top of the trail crossing behind City Hall (see red "X's" on map above for reference of proposed bench location areas). Page 42 of 60 4ie,. - Oak Park Heights Request for Council Action Meeting Date: March 81h, 2022 Agenda Item Title Approve Appointment to Planning Commission-David White to May 2024 Time Required 1 minutes Agenda Placement Consent Agenda Originating Department/Requestor: Eric Johnson, City Administrator Requester's Signature Action Requested Approve Appointment to Planning Commission-David White to Maw Background/Justification (Please indicate any previous action, financial implications including budget information and recommendations). Planning Commissioner David White's first full term expired in May 2021 and he inquired about re- appointment; the re-appointment for David White for a second term should have been handled in 2021 but was missed. At this time in order to retain the full-compliment of the Planning Commission, Staff does recommend that Mr. White be reappointed to a 2nd full-term three year through May 2024 and which will provide proper staggering of terms. Please recall, Mr. White was appointed to complete the term of Robin Anthony who left the commission in September 2017. Concluding in May 2024, Mr. White would have served six full years (- the equivalent of two full terms), plus the remaining months from his appointment to complete the term vacated by Robin Anthony. I. Commissioner Terms: Tim Freeman: Currently fulfilling second full term, culminating May 31, 2023. Tyler Husby: Currently fulfilling first full term, culminating May 31, 2024. Blake Van Denburgh: Currently fulfilling second full term, culminating May 31, 2023. Potentially to 2024 Jennifer VanDyke: Currently fulfilling first full term, culminating May 31, 2022. David White: Currently fulfilling first full term, culminating May 31, 202 . ** *" Commissioner White had indicated his desire to be rented in 2029 - which does not appear to have been addressed by City Council in 2029. Page 43 of 60 THIS PAGE INTENTIONALLY LEFT BLANK Page 44 of 60 Oak Park Heights Request for Council Action Meeting Date: March 81h, 2022 Agenda Item Title Approve Appointment to Planning Comm.—Jennifer Van Dyke to May 2024 Time Required 1 minutes Agenda Placement Consent Agenda Originating Department/Requestor: Eric Johnson, City Administrator Requester's Signature Action Requested Approve Appointment to Planning Comm.—Jennifer Van Dyke to May Background/Justification (Please indicate any previous action, financial implications including budget information and recommendations). Planning Commissioner Jennifer Van Dyke's first full term expires in May 2022 and she is interested in seeking re-appointment; In order to retain the full-compliment of the Planning Commission, as well as a reflection of Ms. Van Dyke's excellent commitment to the Planning Commission, Staff does recommend that she be reappointed to a 2nd full-term three year through May 2025. This will also continue to provide proper staggering of terms where possible. I. Commissioner Terms: Tim Freeman: Currently fulfilling second full term, culminating May 31, 2023. Potentially to 2025 Tyler Husby: Currently fulfilling first full term, culminating May 31, 2024. Blake Van Denburgh: Currently fulfilling second full term, culminating May 31, 2023 Potentially to 2024 Jennifer VanDyke: Currently fulfilling first full term, culminating May 31, 2022. David White: Currently fulfilling first full term, culminating May 31, 202 . ** ** Commissioner White had indicated his desire to be reap o�inted in 2021—which does not appear to have been addressed by City Council in 2021. Page 45 of 60 THIS PAGE INTENTIONALLY LEFT BLANK Page 46 of 60 Oak Park Heights Request for Council Action Meeting Date March 81h 2022 Time Required: 5 Minutes Agenda Item Title: 2022 Mill and Overlay—Accept Bids and Award Contract and Construction Services Agenda Placement Old Business Originating Department/Requestor Eric Johnson, City Administrator Requester's Signature Action Requested Award 2022 Mill and Overlay Project& Construction Services Background/Justification (Please indicate if any previous action has been taken or if other public bodies have advised): PLEASE SEE THE ATTCHED MEMO. Page 47 of 60 3/4/22 MEMO TO: Mayor and City Council Members FROM: Eric Johnson,City Administrator RE: Mill and Overlay—Bid Results and Award. In November 2021,the City Council did authorize STAFF to seek bids on the 2022 Mill&Overlay Project— including the December 2021 addition of the 58'Street Trail and Two PED Ramp locations. Subsequently, Staff did break the project up into a BASE BID and an ADD ALTERNATE to provide the City some flexibility in the event funding was problematic and some elements of the project can move forward in 2022 based on available funding and the overall street maintenance plans. The apparent low bidder(with both the base bid alone and the alternate combined)is T.A. Schifsky&Sons. Inc. With costs of Base Bid: $610,640.37 and Alternate of$403,563—Totaling$1,014,203.93.There is an estimated $156,300 in Other Related soft costs for the Base Bid,plus$26,000 for the Alternate. At this time,the City has the $630,728 dollars available for Mill&Overlay and a balance of$558,249 in Park and Trails Dedication fund. Based on these sources the City can award the Base Bid and can be fully funded by currently established funding—totaling $766,940.37. Some final funding reallocation will be necessary based quantities and as required for proper final accounting. However,there currently is not adequate allocated funding for the Alternate Elements. There is an enclosed map showing the BASE AND ALTERNATE ELEMENTS. Please see the Award letter from the City Engineer dated 3/4/22. If the City Council desires to move forward with these elements,at this time Staff recommends that: 1. Award the BASE BID to the low bidder. 2. Approve Construction Services Agreement with STANTEC—Dated 3/3/22 2022 Mill&Overlay Project Elements BASE ALTERNATE TOTAL BASE Bid(M&O) $ 447,740.49 $ $ 447,740.49 Base Bid 58th Street Trail $ 139,190.40 $ $ 139,190.40 Base Bid PED RAMPS(TWO Locations) $ 23,709.48 $ $ 23,709.48 Alternate 1(M&O) $ - $403,563.56 $ 403,563.56 SUBTOTAL $ 610,640.37 $403,563.56 $ 1,014,203.93 Other Related COSTS BASE ALTERNATE TOTAL Background Scoping-58th Street Trail $ 28,300.00 $ $ 28,300.00 Predesign and Bidding M&O $ 43,000.00 $ $ 43,000.00 AMERICAN TESTing -CORING $ 3,000.00 $ $ 3,000.00 2022 M&O Funding-All Elements Construction Services-Base $ 69,000.00 $ $ 69,000.00 12/31/21 M&O Fund Balance $327,559 Construction Services-Alternate $ - $ 21,000.00 $ 21,000.00 2022 Allocation to M&O Fund $200,000 Testing/Sampling-Base $ 13,000.00 $ 13,000.00 Small Cities Grant $103,169 Testing/Sampling-Alternate $ $ 5,000.00 $ 5,000.00 TotalM&O Funds AVAILABLE FUNDS $630,728 SUBTOTAL Estimated $ 156,300.00 $ 26,000.00 $ 182,300.00 park&Trails Redevelopment Fundsi $558,249 TOTAL COSTS $ 766,940.37 $429,563.56 $ 1,196,503.93 Sources BASE ALTERNATE TOTAL M&O FUNDS -AVAILABLE FUNDS $ 575,740.49 $ $ 575,740.49 Parks&Trails $ 191,199.88 $ $ 191,199.88 Total funding $ 766,940.37 $ $ 766,940.37 NOTE:Some inspection and other costs will be allocated to Park and Trails from M&O-once Page 48 of 60 Nvid NolIV301 AV-PAAO'S T11Vq04 FO ® S1N3W3nO2dWl NVIKSICI]d CINV),VINIAO'?lllVq ZZOZ; oNn , . � 9 6 o 1AI-1-0—--c---m VIOSINNIN'SIHSIIH NNVd VIVO dO UO f 4--+ 00 LLJ Lr) LLJ II 4� K 70 LLJ Ul) O u 0 LLJ 4—J V) < < F V) 0) CL -5 Ln C) m lu o C) -------- l (D LU LU r i LJ ---- - - ------ --- F7 I II II II Z II —IL 7-- Page 49 of 0' March 4, 2022 Honorable Mayor and City Council City of Oak Park Heights 14168 Oak Park Boulevard Oak Park Heights, MN 55082 Re: 2022 Mill & Overlay and Pedestrian Improvements Stantec Project No. 193805489, 193805462 Bid Results Dear Honorable Mayor and City Council: Bids were opened for the 2022 Mill & Overlay and Pedestrian Improvements Project on March 3, 2022. Transmitted herewith is a copy of the Bid Tabulation for your information and file. Copies will also be distributed to each Bidder once the Project has been awarded. There was a total of 7 Bids.The following summarizes the results of the Bids received: Contractor Total Base Bid Alternate No. 1 Low T. A. Schifsky &Sons, Inc. $610,640.37 $403,563.56 #2 OMG Midwest Inc., Minnesota Paving & Materials $620,826.44 $406,979.87 #3 North Valley, Inc. $630,135.72 $401,077.24 #4 Bituminous Roadways, Inc. $643,122.10 $409,101.40 #5 Valley Paving, Inc. $645,932.00 $420,099.50 #6 Northwest Asphalt Inc. $703,859.93 $456,448.00 #7 Park Construction Company $720,546.80 $460,732.80 The low Bidder on the Project was T.A. Schifsky &Sons, Inc. with a Total Base Bid Amount of $610,640.37. This compares to the Engineer's Opinion of Probable Costs (EPOC) of$667,000.T.A. Schifsky's bid amount for Alternate 1, Additional Mill and Overlay, is $403,563.56 (EOPC $471,000). These Bids have been reviewed and found to be in order. If the City Council wishes to award the Project to the low Bidder, then T.A. Schifsky& Sons, Inc. should be awarded the Project based on the Total Base Bid Amount of$610,640.37. If the City Council wishes to award the Project based on the Total Base Bid plus Alternate 1, The award amount would be $1,014,203.93. Please contact me with any questions. Sincerely, STANTEC CONSULTING SERVICES INC. hl Lee M. Mann, P.E. 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Z / Z % - ! y k � \ 7 \ \ u § z z g g § E 2 k z \ 2 B § 2 \ 2 IT - § § § \ | | Page 56¥m March 3, 2022 File: 193805489 Attention: Mr. Eric Johnson City of Oak Park Heights 14168 Oak Park Boulevard Oak Park Heights, MN 55082 Reference: Proposal for Construction Services—2022 Mill &Overlay and Pedestrian Improvements Project Dear Eric: This letter constitutes the Scope of Professional Services between the City of Oak Park Heights and Stantec Consulting Services Inc. for providing construction services for the 2022 Mill &Overlay and Pedestrian Improvements project. The total estimated hourly not-to-exceed fee for construction services for the work identified in the bid documents as the base bid is $69,000, including expenses. The estimated additional hourly not-to-exceed fee for the additional work identified in the bid documents as Alternate No. 1 is $21,000, including expenses. Additional services by others have been identified for construction material testing. 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 • Construction staking for pedestrian improvements as needed • Coordination with the Contractor and observation of the Work (estimated 7 weeks for base bid work; 10 weeks for base bid plus alternate no. 1) • Coordination with private utilities for 581h Street walk • Provide construction notice to affected properties along the project streets at the following intervals: ✓ Prior to curb replacements/patching if driveways are affected ✓ Prior to final paving • Documentation of materials and quantities • Coordination with an independent material testing firm and review of testing reports and invoices • Prepare and process Contractor pay applications and contract modifications as necessary • Complete record drawings following project completion, updates to City's GIS basemap as applicable • Final project closeout and documentation Page 57 of 60 Additional services Construction Material Testing: If the City chooses, an independent material testing firm will complete bituminous mixture and concrete sampling and testing at a rate of one sample per day. The estimated fees for the tasks outlined above are as follows: Base Bid 1. Construction Services $61,500 - $67,500 2. Expenses $1,500 Total Estimated Fee: $63,000 -$69,000 Base Bid + Alternate No. 1 1. Construction Services $80,000 - $88,000 2. Expenses $2,000 Total Estimated Fee: $82,000-$90,000 Estimated Additional Services— Construction Material Testing Services— Base Bid Only $13,000 Construction Material Testing Services — Base Bid +Alternate No. 1 $18,000 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. Page 58 of 60 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 Base Bid or Base Bid + Alternate No. 1 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, Stantec Page 59 of 60 THIS PAGE INTENTIONALLY LEFT BLANK Page 60 of 60