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2014-11-18 Council Packet
CITY OF MENDOTA HEIGHTS CITY COUNCIL AGENDA November 18, 2014 — 7:00 pm ' Mendota Heights City Hall 1. Call to Order 2. Roll Call 3. Pledge of Allegiance 4. Adopt Agenda 5. Consent Agenda a. Approval of November 5, 2014 City Council Minutes b. Approval of November 7, 2014 Canvassing Board Minutes c. Approval of November 10, 2014 City Council Workshop Minutes d. Acknowledgment of November 10, 2014 Parks and Recreation Commission Minutes e. Acknowledgment of November 12, 2014 Airport Relations Commission Minutes f. Acknowledgement of Traffic Safety Committee Report g. Approval of Personnel Action Report h. Approval of Resolution 2014-77, 2015 Recycling Joint Powers Agreement with Dakota County i. Approval of Resolution 2014-65, Electronic Crimes Taskforce Joint Powers Agreement j. Receipt of October 2014 Building Activity Report k. Receipt of October 2014 Fire Synopsis Report I. Receipt of Par 3 update m. Approval of Claims List n. Approval of October 2014 Treasurer's Report o. Approval of Contractors List 6. Public Comments 7. Public Hearings a. Resolution 2014-73, Vacating a Portion of Partition Road b. NPDES Phase II Storm Water Permit Public Hearing 8. New and Unfinished Business a. Victoria Road Listening Session b. Ordinances 463 and 464, Approving Electric and Gas Franchise Agreements with Xcel Energy 9. Community Announcements 10. Council Comments 11. Adjourn page 2 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Wednesday, November 5, 2014 Pursuant to due call and notice thereof, the regular meeting of the City Council, City of Mendota Heights, Minnesota was held at 7:00 p.m. at City Hall, 1101 Victoria Curve, Mendota Heights, Minnesota. CALL TO ORDER Mayor Krebsbach called the meeting to order at 7:00 p.m. The following members were present: Councilmembers Duggan, Povolny, Petschel, and Norton. PLEDGE OF ALLEGIANCE Council, the audience, and staff recited the Pledge of Allegiance. AGENDA ADOPTION Mayor Krebsbach presented the agenda for adoption. Councilmember Duggan moved adoption of the agenda. Councilmember Povolny seconded the motion. Ayes: 5 Nays: 0 CONSENT CALENDAR Mayor Krebsbach presented the consent calendar and explained the procedure for discussion and approval. Councilmember Duggan moved approval of the consent calendar as presented and authorization for execution of any necessary documents contained therein, pulling items c) Acknowledgment of October 28, 2014 Planning Commission Minutes and g) Approval of Resolution 2014-75, Reaffirming Support of West St. Paul Ice Arena Grant Application. a. Approval of October 21, 2014 City Council Minutes b. Acknowledgment of October 14, 2014 Parks and Recreation Commission Minutes c. Acknowledgment of October 28, 2014 Planning Commission Minutes d. Approval of Resolution 2014-72, Formally Accepting Donation of Coffee From Caribou Coffee e. Approval of Resolution 2014-74, Final Payment for 35E/Marie Avenue Storm Sewer Project f. Approval of Letter of Support for Dakota County's Broadband Grant Application g. Approval of Resolution 2014-75, Reaffirming Support of West St. Paul Ice Arena Grant Application November 5, 2014 Mendota Heights City Council Page 1 page 3 h. Approval of Purchase of Fire Station Rooftop Heating Unit i. Approval of Claims List j. Approval of Contractors List Councilmember Povolny seconded the motion. Ayes: 5 Nays: 0 PULLED CONSENT AGENDA ITEM C) ACKNOWLEDGMENT OF OCTOBER 28, 2014 PLANNING COMMISSION MINUTES Councilmember Duggan noted the discussion regarding potential lot development [Planning Case 2014- 30] and the concerns raised by the neighbors in relation to that development's impact on the character of the neighborhood. He believes this is something that the Council should consider in their upcoming workshop meeting. This would be to gain more of an understanding of the concerns in the community. Mayor Krebsbach suggested it be added to the January goal setting meeting. Councilmember Duggan moved to approve the October 28, 2014 Planning Commission Minutes. Councilmember Povolny seconded the motion. Ayes: 5 Nays: 0 G) APPROVAL OF RESOLUTION 2014-75, REAFFIRMING SUPPORT OF WEST ST. PAUL ICE ARENA GRANT APPLICATION Mayor Krebsbach requested that the contents of the letter addressed to the City of West St. Paul be inserted into the resolution because over time those items get separated and she would like to ensure that the items in the letter are part of the resolution. Councilmember Duggan noted his support of that request and referenced linguistic changes he gave to City Administrator Justin Miller. Councilmember Petschel moved to have the letter to Mr. Matt Fulton from City Administrator Justin Miller be included in the resolution of support regarding the West St. Paul Ice Arena. Councilmember Duggan seconded the motion. Ayes: 5 Nays: 0 PUBLIC COMMENTS There were no public comments. November 5, 2014 Mendota Heights City Council Page 2 page 4 NEW AND UNFINISHED BUSINESS A) ORDINANCE 467, ADOPTING VARIOUS ZONING CODE AMENDMENTS Planner Nolan Wall explained that the City is considering various amendments to the zoning and subdivision ordinances within the City Code. Staff has identified a number of potential amendments, which were packaged in a single application for consideration by the Council. The goal would be to clean up, clarify, and simplify certain sections to improve the interpretation and implementation of the ordinances. Planner Wall reviewed each section of Ordinance 467 which included: 1. Fence Encroachments — Title 12 -1D -6(D) 2. Traffic Studies — Title 12-1D-17 3. Variances — Title 12 -1L -5(A) 4. Beekeeping — Title 12 -1E -3(D) 5. Park Dedication Procedure — Title 11-5-1 Councilmembers asked questions or made comments regarding some phrases in Section 3 Variances. Council member Duggan suggested the words "in the way of' be deleted in paragraph A. of Section 3. Councilmember Petschel moved to adopt ORDINANCE NO. 467 AN ORDINANCE AMENDING SECTIONS 12-1D, 12-1E, 12-1L, AND 11-5 OF THE CITY CODE CONCERNING VARIOUS AMENDMENTS with the changes recommended by Councilmember Duggan. Councilmember Duggan seconded the motion. Ayes: 5 Nays: 0 B) ORDINANCE 462, ADOPTING "NO PARKING" RESTRICTIONS ON WARRIOR DRIVE City Engineer John Mazzitello reminded the Council of the Dakota County Parks Division reconstruction of the River -to -River Greenway Trail (fka North Urban Regional Trail) and they are creating a new greenway through the Henry Sibley property, running parallel to Warrior Drive on the east side, and then turning east on the south side of Marie to connect to the trail in West St. Paul. As part of the design of this project, there are three no parking areas that need to be established along the east side of Warrior Drive, per the County's approved plans. The first two areas are 50 feet in length and along the east side of Warrior Drive and would centered on the two pedestrian access points; one just north of Sibley Court and one just north of High Ridge Circle. The third area is the 250 feet immediately south of the Henry Sibley driveway entrance on the east side of Warrior Drive. While staff was putting this ordinance together, they noted a couple of anomalies in the No Parking Code, under Paragraph C. Warrior Drive is listed as having the entirety of the western side of the street having parking prohibited. In Paragraph D it says the west side of Warrior, north 600 feet, is prohibited 7:00 a.m. to 2:00 p.m. Monday through Friday. The signs that are on Warrior Drive right now are consistent with Paragraph D, so staff is simply adding the line in Paragraph C that the west side is prohibited except as listed in Paragraph D. November 5, 2014 Mendota Heights City Council Page 3 page 5 The other anomaly was that there are no parking signs on the north end of Warrior Drive on the east side of the road, north of the driveway entrance; it is not codified but it is signed. Staff proposed that an insert be added into Paragraph C that the east side of Warrior Drive, north of the Henry Sibley High School driveway be a parking prohibited zone. This would make the code consistent with the signs that are already in the field. Conclusion would be that there would be no parking allowed on the west side of Warrior Drive; no parking on the east side north of the Henry Sibley High School driveway; and the new no parking on the east side as a result of the reconstruction of the River -to -River Greenway Trail. Mayor Krebsbach clarified that what appears to be a street that would be entered on Delaware and exit on Warrior is actually a driveway through the Henry Sibley property; not a through street. Councilmember Povolny moved to approve ORDINANCE NO. 462 ESTABLISHING PARKING RESTRICTIONS ON WARRIOR DRIVE. Councilmember Norton seconded the motion. Ayes: 5 Nays: 0 Councilmember Duggan asked if the Henry Sibley High School had been informed of these no parking changes. Engineer Mazzitello confirmed that both Dakota County and the principal of Henry Sibley High School have been notified. C) REVIEW OF 2015-2019 CAPITAL IMPROVEMENTS PLAN Mayor Krebsbach recommended that Council accept the plan and set a workshop for next week to have a chance to review the Capital Improvements Plan more thoroughly. Also proposed to be included on the workshop agenda is a `transition' plan for the City Administrator position. Councilmember Norton requested a brief overview of what has been prepared for the Capital Improvements Plan. City Engineer John Mazzitello explained that each year staff prepares a five-year Capital Improvement Plan (CIP) that outlines major purchases, projects, construction, and improvements that are considered capital expenditures for the future years. The Council was provided a document that breaks the projects out by category: streets, sanitary sewer, storm sewer, parks and trails, water projects, facility projects, and equipment purchases. The second portion of the CIP breaks the projects out by year and funding source. Everything listed in 2015 has been included in the draft budget. One of the issues that has been discussed in past years is the amount of infrastructure bonding used for street projects. A table was provided in the staff memo which summarized the street improvement projects in the CIP based on a 1% target value increase of the general levy for the amount of new debt November 5, 2014 Mendota Heights City Council Page 4 page 6 incurred year to year. Because the amount of infrastructure bonding is an issue, staff analyzed reducing the amount of bonding proposed per year. The CII' before the Council — 2015-2019 — set a percent of general levy increase of 1 %. As the levy goes up, the percentage would allow for more money; but it is estimated that costs would also go up year-to-year as well. So it is anticipated that the percentages should stay about the same as proposed. A second table showed the same plan in a target range of 0.6% increase of the general fund levy. The projects listed between the two tables were the same, except that three more years were added to Table 2. City Engineer Mazzitello noted that the 0.6% target is harder to hit as some of the scopes of the projects are larger in nature. Staff tried to rearrange the projects so they would not have big years back- to-back and could get an average around the 0.6% mark. This was included for Council to review as an option. All other portions of the CIP remained consistent between the two tables. The final CIP document would come before the Council at the time of approving the final budget for the year. The two topics to be on the agenda for a Council Workshop would be: 1. Capital Improvement Plan 2. Transition Plan and Search Process for a New City Administrator Councilmember Norton moved to schedule a Council Workshop meeting for Monday, November 10 at 5:00 p.m. Councilmember Duggan seconded the motion. Ayes: 5 Nays: 0 COMMUNITY ANNOUNCEMENTS Assistant to the City Administrator Tamara Schutta made the following announcements: The Fire Department is looking for volunteers to adopt fire hydrants to keep them clear of snow during the winter months. Volunteers receive a certificate at the end of the season. Parking restrictions are in force — no parking between 2:00 a.m. and 6:00 a.m. on any city street. 66th Annual Firefighters Dance on Friday, November 14, at Mall of America Hilton. COUNCIL COMMENTS Councilmember Norton congratulated everyone who was successful in their elections. He also congratulated those who ran quality campaigns and were not necessarily successful. Councilmember Petschel commended the voter turnout in Mendota Heights. From going door-to-door, she came to realize how informed and engaged the residents are in the City. She also mentioned a book that has been written about I.A. O'Shaughnessy, a local philanthropist who has left his mark on just about every institution of learning in the area — "That Great Heart: The Story of November 5, 2014 Mendota Heights City Council Page 5 page 7 I.A. O'Shaughnessy" written by Doug Hennes. Mr. Hennes is on the Planning Commission for the City of Mendota Heights. Councilmember Povolny congratulated Councilmember Petschel, Councilmember Duggan, and Mayor Krebsbach on the success of their re -elections. Councilmember Duggan echoed the sentiments expressed about the wonderful City of Mendota Heights and the residents that make it what it is. He also congratulated all those who ran in the elections, whether or not they were successful. Mayor Krebsbach expressed her appreciation for the votes and views that as an endorsement of what the Council is doing. She also noted that Officer Patrick was recognized at the Minnesota Wild hockey game. They gave Michelle a jersey with Officer Patrick's number on it. ADJOURN Councilmember Duggan moved to adjourn. Councilmember Povolny seconded the motion. Ayes: 5 Nays: 0 Mayor Krebsbach adjourned the meeting at 7:41 p.m. Sandra Krebsbach Mayor ATTEST: Lorri Smith City Clerk November 5, 2014 Mendota Heights City Council Page 6 page 8 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA STATE OF MINNESOTA Minutes of the Canvassing Board Meeting Friday, November 7, 2014 Pursuant to due call and notice thereof, the canvassing meeting of the City Council, City of Mendota Heights, Minnesota was held at 8:30 a.m. at City Hall, 1101 Victoria Curve, Mendota Heights, Minnesota. CALL TO ORDER Mayor Krebsbach called the meeting to order at 8:30 a.m. Also present were Council members Petschel and Povolny. RESULTS CANVASSING City Clerk reviewed the results of the 2014 General Election for the offices of mayor and city councilmember. The results presented showed that Sandra Krebsbach was elected to the office of Mayor for a two year term. Liz Petschel and Ultan Duggan were each elected to the City Council for four year terms. Councilmember Povolny moved adoption of Resolution 2014-76, "CANVASSING THE RETURNS OF THE NOVEMBER 4, 2014 GENERAL ELECTION." Council member Petschel seconded the motion. Ayes: 3 Nays: 0 ADJOURN There being no further business to come before the canvassing board, Councilmember Petschel moved to adjourn the meeting. Council member Povolny seconded the motion. Ayes: 3 Nays: 0 The meeting was adjournment was 8:35 a.m. Sandra Krebsbach, Mayor ATTEST Lorri Smith, City Clerk page 9 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Council Workshop Held Monday, November 10, 2014 Pursuant to due call and notice thereof, a workshop of the City Council, City of Mendota Heights, Minnesota was held at 5:00 p.m. at City Hall, 1101 Victoria Curve, Mendota Heights, Minnesota. CALL TO ORDER Mayor Krebsbach called the meeting to order at 5:00 p.m. The following members were present: Councilmembers Duggan, Norton, Petschel, and Povolny. City staff in attendance included City Administrator Justin Miller, Assistant to the City Administrator Tammy Schutta, City Engineer/Public Works Director Mazzitello, Finance Director Kristen Schabacker, and City Attorney Tom Lehmann 2015 -2019 CAPTIAL IMPROVEMENTS PLAN Miller and Mazzitello introduced the item noting that the council has asked in previous budget discussions for an alternative street improvement plan that spread projects out over a longer timeframe to limit the amount of needed bonding. Council asked questions about specific projects, including the impacts to streets if needed improvements were delayed. Specific conversation was held about the Kensington neighborhood project which was requested to be expedited by some of the neighborhood. After discussion, it was the consensus of the council to stretch current projects in the street improvement plan out from 2019 to 2022. However, the council also asked that the plan be reviewed annually and that projects, including Kensington (now scheduled for 2019), be re-evaluated based on need and availability of resources. CITY ADMINISTRATOR TRANSITION/SEARCH PROCESS Council began discussion on the topic by considering options, including hiring an interim city administrator, enlisting the assistance of a search consultant, and what the desired timeline would be. After discussion, it was decided that the process below be followed: 1) The position opening will be posted on the League of Minnesota Cities website by the end of the week. The closing date for applications will be Monday, December 15th. 2) The council appointed Councilmembers Petschel and Norton to serve as a personnel committee. They will review the applications and make a recommendation to the entire council on who to bring in for interviews. 3) First round of interviews is tentatively scheduled for early January, with final interviews by the first week of February. page 10 4) An offer will hopefully be made to the selected candidate shortly thereafter, with a start date by mid-March. 5) The council will look into hiring an outside person to serve as interim city administrator starting in January and will serve until the new person begins. The council agreed to hold a workshop on Tuesday, November 18th at 6:00 pm to further refine the process and go over calendars. ADJOURN Mayor Krebsbach adjourned the meeting at 7:00 p.m. ATTEST: Sandra Krebsbach, Mayor Lorri Smith, City Clerk page 11 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA PARKS AND RECREATION MEETING November 10, 2014 The November meeting of the Mendota Heights Parks and Recreation Commission was held on Monday, November 10, 2014 at Mendota Heights City Hall, 1101 Victoria Curve. Chair Hinderscheid called to order the parks and recreation commission meeting at 7:00 p.m. The following commissioners were present: Chair Hinderscheid, Commissioners Ira Kip, Stephanie Levine, Joel Paper, Jack Evans, Michael Toth and David Miller. Staff present: Recreation Program Coordinator Sloan Wallgren. Approval of Agenda Chair Hinderscheid added Special Parks Fund and Splash Pad to the agenda. COMMISSIONER KIPP MADE A MOTION TO APPROVE THE AGENDA; COMMISSIONER PAPER SECONDED THE MOTION. AYES 7: NAYS 0 Approval of Minutes of October 14, 2014 COMMISSIONER LEVINE MADE A MOTION TO APPROVE THE MINUTES; COMMISSIONER MILLER SECONDED THE MOTION. AYES 7: NAYS 0 Marie Park Hockey Rink Update Mr. Wallgren updated the commission on the progress of the new hockey boards at Marie Park. The boards have been installed and the fencing will be added very soon. Mr. Wallgren informed the commission that the boards would be painted in the spring, and that if a groups was interested in painting the boards as part of a community services project they could contact city hall to discuss the opportunity. Dog Park Update Mr. Wallgren informed the commission that the city council would be discussing the dog park issue at the 2015 Goal Setting Workshop in January. After the meeting there should be a clear direction that the city will be taking. Recreation Programming Report Mr. Wallgren updated the commission on new programs that he is working on such as: Skyhawks sports camps, computer camp, theatre camp and a science program. Currently, registrations are still being accepted for our gymnastics program, ice-skating lessons and the four December field trips. page 12 2015 Capital Improvement Plan Mr. Wallgren informed the commission that the city council is in the process of discussing projects on the 2015 Capital Improvement Plan. The 2015 plan includes rebuilding the warming house at Marie Park, replacing hockey boards at Wentworth Park and improving the tennis court at Ivy Hills Park. The cost of the three projects is around $120,000. Mr. Wallgren also informed the commission that in the future staff is looking to extend the trail on Dodd Road from Market Street north to Marie Avenue. This project would be possibly scheduled to take place in the next few years. The commission would like to see this trail built, but the safety of the residents that walk or bike along Dodd Road. The commission would eventually like to see the trail extended all the way north to Wentworth Avenue. The commission discussed adding a Splash Pad to the CIP. They would like to see a Splash Pad built in the city. Mr. Wallgren informed the commission that the cost of a Splash Pad would be $300,000 to $400,000 and that he did not know where the funds would come from to build it. The commission understood that a Splash Pad would likely not be built in 2015, but feels that it is important to put in the long range CIP for the future. COMMISSIONER EVANS MADE A MOTION TO ADD A SPLASH PAD AND EXTENDING THE TRAIL ON DODD ROAD FROM MARKET STREET NORTH TO WENTWORTH AVENUE TO THE CAPITAL IMPROVEMENT PLAN. COMMISSIONER MILLER SECONDED THE MOTION. AYES: 7 NAYES: 0 Par 3 Report Mr. Wallgren informed the commission that the course closed for the season on November 2, 2014. The golf course will be working with St. Thomas Academy again to create a cross country ski trail at the Par 3. Commissioner Paper asked if we could leave the clubhouse open during the winter for people to use. Mr. Wallgren said that the clubhouse could remain open, he will put together costs for heat and labor to have the clubhouse open on the weekends in January through mid-March. The commission also mentioned that the skis or snowshoes could be rented out in the clubhouse if it were open during the winter. Total sales for the month of October were $5,223 are expenses were $10,807. Total sales for the year through October are $136,068 and expenses are $118,624 resulting in a net revenue of $17,444. Special Parks Fund The commission discussed the current status of the Special Parks Fund. The fund currently has a balance of $155,000. The commission was concerned that after the projects scheduled for 2015 there would only be $30,000 remaining in the fund. The commission discussed where funds would come from for future park improvements and projects. Chair Hinderschied suggested that in the future maybe the commission and council should have joint workshop. page 13 Announcements Mr. Wallgren informed everyone that the Mendota Lights at the Village would be held Saturday, December 6, 2014 from 4:OOpm to 7:OOpm. The event will include hayrides, face painting, carolers, tree lighting by the mayor and of course Santa will be there. Mr. Wallgren also congratulated Katy Mulvey and Elena Turbenson from Trinity at Rivers Ridge High School. The pair qualified for the girl's high school state tournament as a doubles team. The Trinity girl's tennis team practices at the Marie Park tennis courts. Mr. Wallgren stated that the warming houses and rinks would be open for the season around the 12th of December. Commission Comments Commissioner Miller thought we had a good discussion and thanked public works for the great job of keeping our streets in great shape. Commissioner Levine was excited about future programs and thanked our maintenance staff for everything they do. Commissioner Paper thought it was a good meeting Commissioner Kipp thought it was a good meeting. Commissioner Toth thanked the residents for all their feedback about the dog park. He encouraged residents to contact them with any issues, and wanted to ensure everyone that the commission does listen to all the feedback. Commissioner Evans thanked staff for the great job at the golf course and also thought it was a good meeting. Chair Hinderscheid thanked the residents for the input about the dog park. He also thanked public works for doing a great job with the recent snow fall. COMMISSIONER PAPER MADE A MOTION TO ADJOUN THE MEETING; COMMISSIONER LEVINE SECONDED THE MOTION. Ayes 7: Nays 0 The meeting adjourned at 8:30 p.m. Respectfully Submitted by Sloan Wallgren page 14 page 15 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA AIRPORT RELATIONS COMMISSION MINUTES November 12, 2014 The regular meeting of the Mendota Heights Airport Relations Commission was held on Wednesday, November 12, 2014 at 7:00 p.m. at Mendota Heights City Hall. The following commissioners were present: David Sloan, William Dunn, Gina Norling, Jim Neuharth, Paul Portz, and Kevin Byrnes Absent: Sally Lorberbaum (excused) Also present: City Administrator Justin Miller, Arvind Sharma Chair Sloan called the meeting to order at 7:00 pm. Approval of Minutes Neuharth moved, and Dunn seconded that the minutes of the October 8, 2014 Airport Relations Commission meetings be approved as submitted. All voted in favor. Unfinished and New Business 1) Guest Speaker — Jeff Hart Jeff Hart, Delta Airlines General Manager of Airport Customer Service, presented background on Delta's operations, hub locations, and performance metrics. He stated that Delta's hub presence ensures that the MSP market receives much more service than other similarly sized markets. He offered to provide a tour of their operations at a future date. Reports on Areas of Focus Neuharth noted that all measurements were within the normal range and below the upper control limits. Portz updated the commission on the MAC's last meeting and also thanked the commission as this will be his last ARC meeting. Norling noted that the 80dB events at sensors 13 were well above the control limit. Miller stated that this would be his last meeting as staff liaison to the commission. He thanked the commission and stated what a pleasure it was to work with them. Adiourn Portz made a motion, seconded by Dunn, to adjourn at 8:25. All voted in favor. page 16 1101 Victoria Curve 1 Mendota Heights, MN 55118 651.452.1850 phone 1 651.452.8940 fax www.mendota-heights.com DATE: TO: CITY OF MENDOTA HEIGHTS November 18, 2014 Mayor, City Council and City Administrator FROM: John R. Mazzitello, PE, PMP, MBA Public Works Director/City Engineer SUBJECT: Traffic Safety Committee Report BACKGROUND The Traffic Safety Committee (TSC) met on November 5th at 5:30pm to discuss three issues. In attendance were Police Chief Aschenbrener, Public Works Director Mazzitello, Planning Commission Chair Field, and Council Member Povolny. 1. Ivy Falls Avenue/Maple Park Drive Speed Complaint — Requested by area residents on Ivy Hill Drive and Ivy Falls Avenue. According to complaints, "Ivy Falls Avenue is a residential street and it gets a lot of cut - through traffic and a lot of speeding. Does Mendota Heights have a process for looking at traffic calming measures where traffic and safety problems exist? We're concerned about the safety of our young daughters, as our neighborhood has no sidewalks and kids walk, play and bicycle on the street." Also submitted was, "weeks I've consistently noticed a great increase in motor traffic on Maple Park Drive where it borders the entrance to the walking path into Ivy Hills Park. This increase is especially heavy during the morning and evening rush hours and, importantly, many vehicles are traveling at a rate of speed that clearly exceeds posted limits," and, "Every day I see pedestrians, particularly children, being narrowly avoided by cars barreling down this stretch of road from both directions. At the very least, I'd like to see large neon traffic signs posted on both sides of the road indicating the pedestrian park entrance and, if possible, the road painted as a crosswalk or with some differentiating feature at that location." Recommendation: Police Department staff utilized our `speed cart' earlier this spring to analyze traffic pattern and speed in this area to determine peak volume times and average speeds. As expected, the peak traffic volumes were measured during early morning and mid- to-late afternoon. Other than an occasional and isolated high speed measured, no pattern of excessive speed was detected. TSC recommends no further action on this item. No Council action is needed on this item. 2. Pedestrian Safety Concern at Friendly Hills Middle School — Requested by area residents through City Council page 17 According to reports from Council members, there is an issue at Friendly Hills Middle School (FHMS) with parking and student pick up in the afternoon. There was apparently a child injured at the cross walk recently. Many parents feel that people are parking too close to the cross walk, so that the oncoming traffic cannot see the children going into the cross walk even if they are proceeding cautiously. According to City Code Section 6-2-1-F, "No person shall stop, stand or park a motor vehicle, except when necessary to avoid conflict with other traffic or in compliance with the directions of a police officer or traffic control device within twenty feet (20) of a crosswalk at an intersection." There are currently no 'no parking' signs adjacent to the crosswalk, and the FHMS crosswalk is reasonably close to the Lockwood Drive/Mendota Heights Road intersection. Recommendation: Staff observed several afternoon student pick-up periods since the issue was brought to our attention. There are vehicles parking very close to, if not into the crosswalk at the FHMS entrance. It was also observed that there is no signage indicating the codified crosswalk parking prohibition. TSC recommends installing 'no parking' signs at the FHMS utilized crosswalks and monitoring afternoon pick-up traffic for parking compliance. TSC further recommends that if additional on-site markings are required to ensure pedestrian safety, that the no parking area have the curbs painted yellow in the spring. No Council action is needed on this item 3. Warrior Drive Parking Update — Ongoing issue directed by City Council at the request of area residents This ongoing issue was generated in September of 2013 by the City Council who referred resident concerns over traffic safety on Warrior Drive to the TSC. At issue are resident concerns about mid -block U-turns, excessive speed, noise, and litter generated by on street parking on the east side of Warrior Drive associated with traffic from Henry Sibley High School (HSHS). City Council directed the Traffic Safety Committee to study the issues and report back to the Council with recommendations by the end of the year (2014). In an unrelated event, Dakota County recently constructed the realignment of the River to River Greenway (RTRG), formerly called the North Urban Regional Trail (NURT). This construction started in September and is concluding this week. Because of this construction, parking was temporarily prohibited on the east side of Warrior Drive to accommodate trail construction. Parking privilege was restored on November 10th. Recommendation: Staff is just now able to observe parking and traffic patterns for the east side of Warrior Drive. Staff has also met with HSHS administration and student body to explain the safety concerns and rules of the road with respect to U-turns and speed. In addition, HSHS has opened up the southeast lot at Delaware Avenue and Mendota Road to free student parking, and they have added additional permit parking in their main lot. Since HSHS is, just now, stating to utilize Warrior Drive for parking, TSC is requesting an extension of the observation period until the end of February. Staff will monitor traffic and parking along Warrior Drive during this time, and bring their recommendation back to Council at one of the meetings scheduled in March. page 18 BUDGET IMPACT The only budget impact associated with the above listed items would be the cost of the 'no parking' signs for the FHMS crosswalks. Six signs would need to be installed at the crosswalks at a cost of $150.00 each. The total of $900.00 for the signs would be paid out of the Street Division, Street Signs and Posts line item. There are sufficient funds in this line item to cover this expense. RECOMMENDATION TSC is recommending the Council grant the TSC an extension on the deadline for a recommendation on parking on the east side of Warrior Drive until a scheduled Council meeting in March. No other Council actions are required. o'CITYOF MENDOTA HEIGHTS DATE: TO: FROM: SUBJECT: page 19 1101 Victoria Curve 1 Mendota Heights, MN 55118 651.452.1850 phone 1 651.452.8940 fax www.mendota-heights.com November 18, 2014 Mayor, and City Council Tamara Schutta, Assistant to the City Administrator/HR Coordinator Personnel Action Items Item 1: Resignation of City Administrator The city would like to thank Justin Miller, City Administrator, for his contribution and service to the city of Mendota Heights. Over the past three years, Justin has led and managed the administrative responsibilities of the organization with integrity and passion. We have a deep appreciation of Justin's leadership and he will definitely be missed. Mr. Miller has accepted the City Administrator position with the City of Lakeville. City staff recommends the city council recognize Justin Miller's resignation effective December 26, 2014. This action requires a simple majority vote. Item 2: Approval of employment of part-time winter 2014/2015 seasonal employees Staff is requesting council approval for the hiring of the below listed part-time winter seasonal ice rink attendants, rink flooders and ice skating instructor. All final candidates were offered their position contingent upon a successful completion of a criminal background check and council approval. The proposed salaries are consistent with the part-time seasonal staff pay matrix. Parks and Recreation —Seasonal Rink Attendant Positions 2014/2015 Rink Attendants Hourly Wage Rink Attendants William Fallon $8.25 Matthew Friedmann $8.25 Jack Flynn $8.25 Colin Gallagher $8.25 Anthony Kammeyer $8.25 Lorenzo Kastman $8.25 Paul Krispin $8.50 Katherine Kulhanek $8.75 Jason Lano $8.25 Kieran Lynch William Maher Kebron Mamo Matthew O'Connell Grant Poole Emmett Sexton Adam Tschida Zachary Ziebol Hourly Wage $8.75 $8.25 $8.25 $8.25 $8.50 $8.50 $8.25 $8.25 page 20 Public Works Department —Seasonal Rink Flooder Positions 2014/2015 Rink Flooder Hourly Rate Sean Grainger Jacob Kreuser David Reyes Nicholas Toth Scott Wolff $10.50 $10.50 $9.75 $10.00 $10.00 2015 Ice Skating Instructor Alexandra Henderson $22.75 BUDGET IMPACT As noted above. RECOMMENDATION Staff recommends that the Mendota Heights City Council approves the actions requested above for these two items. o'CITYOF MENDOTA HEIGHTS November 10, 2014 Mayor Krebsbach and Members of the Mendota Heights City Council 1101 Victoria Curve Mendota Heights, MN 55118 Dear Mayor and City Council: page 21 1101 Victoria Curve 1 Mendota Heights, MN 55118 651.452.1850 phone 1 651.452.8940 fax www.mendota-heights.com As you are aware, I have been selected by the City of Lakeville City Council as their next City Administrator. This letter serves as my official resignation as Mendota Heights City Administrator. My last day will be Friday, December 26, 2014, although I may be taking vacation during the week of Christmas. I will be sure to coordinate with the interim administrator so that there will be a smooth transition. I have thoroughly enjoyed my three years in Mendota Heights as your city administrator. The councils, staff, and residents have all been outstanding to work for and I will always have fond memories of my tenure here. I am confident that the next city administrator will find an equally welcoming place and will help the city move forward in all of your goals. If you ever need anything, please do not hesitate to contact me. Sincerely, Justin Miller City Administrator au CITY OF MENDOTA HEIGHTS DATE: November 18, 2014 TO: Mayor, City Council and City Administrator FROM: Nolan Wall, AICP Planner page 22 1101 Victoria Curve I Mendota Heights, MN 55118 651.452.1850 phone d 651.452.8940 fax www.mendota-heights.com SUBJECT: Resolution Approving Joint Powers Agreement for Waste Abatement Community Funding BACKGROUND As part of the 2015 Waste Abatement Community Funding program through Dakota County, the following items are attached for review: 1. Resolution 2014-77 2. Joint Powers Agreement Template 3. 2015 Community Funding Application We are again requesting the maximum allowable funding in 2015. The amount allocated to the City of Mendota Heights is $15,000. Work plan goals for 2015 include the following: 1. Attendance at local solid waste group meetings. 2. Monthly recycling tips for all City employees to promote waste reduction in all facilities. 3. Newsletter articles in the Heights Highlights regarding recycling options. 4. Spring Clean -Up event. 5. Social media postings and information regarding recycling opportunities to residents. 6. Youth Safety Camp presentation on household hazard wastes. 7. Holiday lights recycling collection at City Hall. The majority of the budget is for administrative costs to carry out the work plan. Other expenditures include the spring clean-up, printing, and postage. BUDGET IMPACT The 2015 proposed budget includes funding for recycling events as identified in the attached materials. RECOMMENDATION Staff recommends that the City Council pass a motion adopting RESOLUTION 2014-77 APPROVING THE JOINT POWERS AGREEMENT BETWEEN THE COUNTY OF DAKOTA AND THE CITY OF MENDOTA HEIGHTS FOR 2015 WASTE ABATEMENT COMMUNITY FUNDING. This matter requires a simple majority vote. page 23 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION NO. 2014-77 RESOLUTION APPROVING THE JOINT POWERS AGREEMENT BETWEEN THE COUNTY OF DAKOTA AND THE CITY OF MENDOTA HEIGHTS FOR 2015 WASTE ABATEMENT COMMUNITY FUNDING WHEREAS, the Minnesota State Legislature has mandated that communities in the metropolitan area implement recycling programs in order to reduce the volume of waste being taken for burial in landfills; and WHEREAS, Dakota County has adopted a solid waste master plan which sets goals and targets for the accomplishment of solid waste recycling in each community in the county; and WHEREAS, Dakota County provides the local communities with grant funding for implementation and maintenance of local community recycling programs; and WHEREAS, the City of Mendota Heights has participated faithfully and successfully in the Community Landfill Abatement Program from 1989 to 2014 and will continue to participate in 2015. NOW, THEREFORE, BE IT HEREBY RESOLVED that the City Council of the City of Mendota Heights does hereby approve the Joint Powers Agreement for 2015 Waste Abatement Community Funding. Adopted by the City Council of the City of Mendota Heights this eighteenth day of November 2014. CITY COUNCIL CITY OF MENODTA HEIGHTS ATTEST Sandra Krebsbach, Mayor Lorri Smith, City Clerk page 24 JOINT POWERS AGREEMENT TEMPLATE BETWEEN THE COUNTY OF DAKOTA AND THE CITY OF FOR 2015 WASTE ABATEMENT COMMUNITY FUNDING This Agreement is between Dakota County (County) and the City of (Municipality). WHEREAS, Minn. Stat. § 471.59 authorizes local governmental units to jointly or cooperatively exercise any power common to the contracting parties; and WHEREAS, the County of Dakota (County) and the cities and the Rural Solid Waste Commission (RSWC) are governmental units as that term is defined in Minn. Stat. § 471.59; and WHEREAS, Metropolitan counties are responsible for waste management policy and programs (Minn. Stat. §115A.551); and WHEREAS, counties may require local cities and townships to develop and implement programs, practices, or methods designed to meet waste abatement goals (Minn. Stat. §115A.551); and WHEREAS, Dakota County Solid Waste Ordinance 110 requires each municipality in the County to have a solid waste abatement program that is consistent with the Dakota County Solid Waste Master Plan (Master Plan); and WHEREAS; by Resolution 12-154 (March 27, 2012), the Master Plan (Master Plan) was adopted by the County Board of Commissioners, and was subsequently approved by the Minnesota Pollution Control Agency on May 24, 2012; and WHEREAS, the Master Plan includes multiple strategies to enhance and leverage resources to help the County meet new waste management objectives; and WHEREAS, the Master Plan identifies performance-based funding for Municipalities to develop and implement waste abatement programs, education, and outreach; and WHEREAS, community funding amounts are established by the County Board each year as part of the Environmental Resources Department (Department) budget; and WHEREAS, by Board Resolution #14- , the County Board approved 2015 community funding as presented to the Physical Development Committee of the Whole on August 19, 2014, contingent upon the availability of funds and subject to funding levels approved by the County Board as part of the 2015 budget; and WHEREAS, separate Joint Powers Agreements with cities and the Rural Solid Waste Commission identify community and County responsibilities and fund allocations. NOW, THEREFORE, in consideration of the mutual promises and benefits that the County and cities/Rural Solid Waste Commission shall derive from this Agreement, the County and hereby enter into this Agreement for the purposes stated herein. SECTION 1 PURPOSE The purpose of this Agreement is to provide for cooperation and funding between the County and the Municipality for the implementation and operation of a local comprehensive landfill abatement program by the Municipality in accordance with this Joint Powers Agreement and the 2015 Dakota County page 25 Community Funding Application Packet (attached and incorporated herein as Exhibit 1) that is submitted by the Municipality. SECTION 2 PARTIES The parties to this Agreement are the County of Dakota, Minnesota and the City of (Municipality). SECTION 3 TERM Notwithstanding the dates of the signatures of the parties, this Agreement shall be in effect January 1, 2015, and shall continue in effect until December 31, 2015, or until termination in accordance with the provisions herein. This Agreement may be amended in accordance with Section 12 and incorporation of subsequent years' approved funding application packet. SECTION 4 COOPERATION The County and the Municipality agree to cooperate and use their reasonable efforts to ensure prompt implementation of the various provisions of this agreement and to, in good faith, undertake resolution of any dispute in an equitable and timely manner. SECTION 5 PROGRAM 5.1 PROGRAM PURPOSE. The Dakota County Board of Commissioners adopted the 2012-2030 Solid Waste Master Plan (Master Plan) on March 27, 2012, as required, to implement the Minnesota Pollution Control Agency's (MPCA) 2010-2030 Metropolitan Solid Waste Management Policy Plan. The Master Plan identifies performance-based funding for Municipalities to develop and implement waste abatement programs, education, and outreach. The Community Funding Program's primary purposes are to: ensure that residents have the opportunity to recycle; and to develop, implement, and maintain projects, programs, practices, and methods to meet waste abatement objectives as described in the Master Plan. The Community Funding Program supports the County's efforts for broad-based education and implementation of local programs and projects for waste reduction, reuse, recycling, hazardous waste management, and organics diversion as described in the Master Plan. 5.2 ELIGIBILITY. Eligible Municipalities include all cities in Dakota County and the Rural Solid Waste Commission (RSWC) representing the 13 townships, and six small cities in rural Dakota County. 5.3 ANNUAL APPLICATION, WORK PLAN AND BUDGET. Annually, each Municipality shall submit an Application, Work Plan, and itemized budget breakdown for each funding activity to the Department by the due date specified in writing by the Department and on forms provided by the Department. Public entities have statutory obligations for waste management that are more restrictive than obligations of the private sector. The Application requires communities to identify the status of compliance during this funding period. If not in compliance, communities must identify a timeline and steps being taken to comply. Referenced statutes include: MN Stat. 115A.151 (internal operations recycling); MN Stat. 115A.552 (programs to meet the County's recycling goal); MN Stat. 115A.552 (providing the opportunity to recycle); and MN Stat. 473.848 and 115A.471 (internal waste management).The Work Plan shall include a description of annual waste abatement and Priority Issue Program activities and actions, completion date, and methods for qualitative and quantitative measurement for each education/outreach and project/program activity. page 26 5.4 IMPLEMENTATION. The Municipality shall develop, implement, and operate a local comprehensive landfill abatement program that complies with the Master Plan, Dakota County Solid Waste Ordinance 110 and Exhibit 1. 5.5 RECYCLING. Municipalities must ensure the opportunity to recycle exists for all residents and businesses. Municipalities must develop and implement programs to increase residential recycling, including at least bi-weekly curbside recyclables collection for single family and multi -family homes. Recyclables collected must include: plastic containers; three colors of glass; metal; and paper. In 2014 and 2015, municipalities must begin planning to implement community -wide organics diversion. 5.6 PRIORITY ISSUE PROGRAM. The County, with input from Local Solid Waste Staff, develops a Priority Issue Program to accomplish during the multi-year Master Plan reporting cycle. For 2014-2015, the Priority Issue is to increase recycling by expanding the opportunity to recycle for public gatherings, including at city -sponsored events, parks and non -administrative facilities (e.g., community centers): o Recycling collection is offered in municipality -owned non -administrative facilities (e.g., community centers). o Recycling collection is offered in park shelters and along major trails as well as applicable public gathering areas. o Recycling collection is offered at city -sponsored events. o Park, event, public gathering areas and internal recycling and trash collection containers are identified with color -coded signs/labels consistent with the County template. o Residents and applicable coordinators/staff are educated about recycling in parks, public gathering areas and events. Department staff will identify effective strategies and provide newly -developed materials for municipalities to implement the Priority Issue Program. If the Priority Issue is not achieved in the given time period, the municipality has two options for the next funding cycle: 1) merge Priority Issue tasks into the Municipality's Recycling Program activities; 2) apply for a Local Negotiated Initiative Fund to continue working on the Priority Issue activities. For 2016-2020, the Priority Issue is focused on organics diversion and multi -family recycling. This is subject to change pending Legislation or County strategic planning. 5.7 LOCAL NEGOTIATED INITATIVE FUND (LNIF). Municipalities may request a LNIF allocation to 1) prepare for the next funding cycle's Priority Issue; 2) complete a previous year's unmet Priority Issue; or 3) to develop/implement activities not defined in this Joint Powers Agreement or Application Packet to divert residential or business waste from land disposal. Municipalities competitively apply for limited LNIF allocations. Department staff will select projects based on feasibility and waste diversion outcomes. 5.8 PERFORMANCE. The County will evaluate the Municipality's performance pursuant to the criteria set forth in this Section. A Performance Scorecard for each Municipality will be used by Department staff for a qualitative analysis of municipal programs and activities. The Scorecard is developed annually by County staff with input from LSWS. The Scorecard will be used to create the Work Plan. The Master Plan identifies numeric objectives for waste reduction, recycling, organics recovery, resource recovery, and land disposal in five-year increments. Each Municipality's program must be designed to support the Master Plan objectives, as demonstrated cumulatively through annual reporting. Monthly updates must be submitted to the Department that include: metrics for communication activities (e.g., newspaper readership for paid advertising) and tonnage/volume collected based on project/program activities and events. Master Plan Objectives 2015 2020 2025 2030 Reduction & Reuse 1-2% 2-4% 3-5% 4-6% Recycling 45-48% 47-51% 49-54% 54-60% page 27 Organics Recovery 3-6% 4-8% 6-12% 9-15% Resource Recovery 32-34% 32-33% 30-31 % 24-28% Land Disposal (ceiling) 20% 17% 15% 9% In 2014 and 2015, the County will work with each Municipality to identify a quantitative waste diversion baseline for the community as a whole, and annual community diversion goals to help meet the Master Plan objectives. 5.9 ANNUAL REPORT. By February 15, 2015, the Municipality shall submit its Annual Report for the year 2014, in the form prescribed by the County. The Annual Report is a measure of the Municipality's performance of the activities identified in the Application Packet. Changes in any funding amounts submitted in the Application must be identified in the Annual Report. SECTION 6 FUNDING 6.1 FUNDING AMOUNT. Communities receive performance-based funding in part from pass-through grants from the State. Funding amounts are contingent upon available State and County funds, and reflect the funding levels presented to the County Board as part of the annual budget. The 2015 funding for the Municipality shall be in the total amount not to exceed $ , which includes a County - agreed amount of $ for a local negotiated initiative fund project as set forth in Exhibit 1, Section V. 6.2 FUNDING PAYMENT. Contingent upon receipt (by February 15, 2015) and approval by Department staff of the Municipality's Annual Report for the funding year 2014, the County will pay the Municipality the funding amount set forth in paragraph 6.1 above for 2015. Payment will be made in one installment within 30 days of receipt of the Application and Annual Report receipt. Municipalities with a complete Application and an approved Annual Report receive 100% payment for eligible expenses. If the Community is to receive a LNIF, the fund allocation and the LNIF payment are combined in a single payment. 6.3 ELIGIBLE EXPENSES. Municipalities may use allocated funds only on eligible items as described below. In 2015, eligible expenses are for residential recycling projects/programs and education and outreach; priority issue activities; and LNIF activities (if applicable) and include: 6.3.1 Administration a) Salary and benefits of personnel, full-time and temporary, and consultant services while working directly on the planning, implementing, and promoting of eligible activities. b) Matching funds for other related grants, such as MPCA grants, consistent with this program. c) Subscriptions, memberships, and training (not including out-of-state travel or lodging) necessary for eligible activities. d) Data collection and evaluation for effectiveness, efficiency, and responsiveness of landfill abatement activities. e) Oversight of municipality solid waste policy, ordinance and contracts related to landfill diversion. f) Design and implementation of projects and programs to enhance residential curbside collection programs, park and public gathering area recycling. g) Other expenses with prior written approval from the Department. 6.3.2 Education and Outreach a) Production and dissemination of education information to increase awareness and participation in recycling programs. b) Promotional items (bags, water bottles, t -shirts, etc.) with Department -approved message and logo. c) Education materials for municipal employees, such as signs, trainings and mass communication. d) Other expenses with prior written approval of the Department. 6.3.3 Eligible Expenses Specific to Priority Issue page 28 a) Containers for parks, events, and non -administrative municipality -owned buildings. b) Special event displays and signage. c) Bin recycling/organics/waste labels and signs for park, arena, community center and event containers. d) Permanent or reusable banners and posters for buildings, parks and events. e) Services related to recycling and organics material management at public events using County - defined best management practices. f) Other expenses with prior written approval from the Department. 6.3.4Non-eligible expenses include: a) Expenses related to non -waste abatement waste issues (e.g., energy, water) b) Waste collection, transportation or management (i.e., reuse, recycle, disposal), except as provided for in Section 6.3.3(e) c) Food or refreshments, unless approved by the Department as compliant with Dakota County policy 1560. Questions about an eligible expense should be directed to Department staff. 6.4 FUNDING PAYMENT ADJUSTMENTS. The Dakota County Physical Development Director shall have the authority to approve modifications to the Funding Amount as requested by the Municipality in the Application, as long as the amount payable under this Agreement does not exceed the amount approved by the Dakota County Board of Commissioner and so long as the proposed modifications are consistent with Exhibit 1. Municipalities must expend the community fund and LNIF allocation by the end of the calendar year, unless prior written approval is received from the Department. Municipalities must return unspent funds (the difference between the amount of funds provided and the amount a Municipality reports as expended) and must return funds if expenditures or activities that are determined by Department staff as not consistent with the Application and Work Plan. 6.5 FUNDING SOURCE ACKNOWLEDGEMENT. All community printed public education/communication materials shall credit the Dakota County Board of Commissioners and the Minnesota Pollution Control Agency as funding sources. Any use of the Dakota County logo and Dakota County website references must use style guidelines as prescribed by the Dakota County Communications Department. SECTION 7 RESPONSIBILITIES OF THE PARTIES 7.1 The County, through its Environmental Resources Department, shall include the following responsibilities under this Agreement: • Administer Community Funding Program through this Joint Powers Agreement. • Develop and provide annual templates for the Application, Work Plan/Annual Report and Performance Scorecard. • Provide technical assistance for each Municipality to apply, plan for, and report on work efforts. • Develop and complete a Performance Scorecard for each Municipality. • Provide messages (e.g., for print pieces and electronic media), templates, and images for use in community education and outreach efforts for waste abatement and for the Recycling Zone. • Provide preferred terminology based on Regionally -approved language. • Ensure municipalities are familiar with and have access to all new materials in multiple ways, including electronically. • Provide equivalent support (e.g., technical assistance, messages, templates, images, materials) for the Priority Issue Program. • Provide effective strategies, best practice approaches and infrastructure support (e.g., containers, labels, among others) for Municipalities to implement the Priority Issue Program. • Evaluate Municipality performance. • Allocate, manage and distribute funds. page 29 7.2 The Municipality shall include the following responsibilities under this Agreement: • Develop, implement, and maintain a comprehensive landfill abatement program. • Designate a Municipality Liaison responsible for Community Funding Program implementation. • Ensure the opportunity to recycle exists for residents and businesses in the Municipality. • Ensure curbside recycling services are provided for all single- and multi -family residents. • Develop and submit an annual Application, Work Plan and itemized budget. • Ensure the Municipality Liaison or designee attends at least four out of six Municipality/County meetings each year. • Ensure Municipality website content for recycling and household hazardous waste link to the respective Dakota County web pages. • Conduct waste abatement education for Municipal operations. • Follow the Dakota County style guidelines for logo and website references, and use terminology and images developed by the Department. • Develop and distribute at least one written and electronic (when applicable) communication to every new and existing household about recycling, waste reduction and/or reuse. • Submit all print materials to the Department for review prior to distribution. • Develop and distribute at least one written and electronic (when applicable) communication to every new and existing household about The Recycling Zone services. • Provide funding source credit from the Dakota County Board of Commissioners and the Minnesota Pollution Control Agency in all printed materials. • Coordinate with Department staff to identify a quantitative waste diversion baseline and annual goal. • Develop and implement collection events of materials to be recycled. • Develop and implement projects and programs to increase residential recycling. • Except for municipalities with 1,000 housing units or less, implement at least four additional education activities from a menu of options developed by the Department. • Implement planning for community -wide organics diversion. • Develop Priority Issue Program: o Coordinate with stakeholders to identify opportunities and improvements for recycling in public gathering areas, including parks and non -administrative buildings (e.g., community centers). o Prioritize Municipality gathering areas for recycling based on cost, feasibility, and public attendance. o Expand or initiate collection of recyclables and/or organics at special events and other away -from -home locations. o Ensure all trash, recycling and organics containers for parks, public gathering areas and events have consistent messages, images and colors, and follow best practices, as defined by the Department. o Provide education materials to Municipality employees such as signs, trainings and mass communication to implement the Priority Issue. • Develop and report quantitative and qualitative measurements for each communication and outreach activity, waste abatement project/program activity and event. • Develop and submit an Annual Report to the Department. SECTION 8 PROPERTY Upon termination of this Agreement, any containers, labels and/or necessary infrastructure purchased by the County and provided to the participating Municipality shall be the sole property of the Municipality. SECTION 9 INDEMNIFICATION page 30 9.1 IN GENERAL. Each party to this Agreement shall be liable for the acts of its officers, employees or agents and the results thereof to the extent authorized by law and shall not be responsible for the acts of the other party, its officers, employees or agents. 9.2 LIMITATIONS. The provisions of Minn. Stat. § 471.59, the Municipal Tort Claims Act, Minn. Stat. ch. 466 and other applicable laws govern liability of the County and the Municipality 9.3 SURVIVORSHIP. The provisions of this Section shall survive the expiration or termination of this Agreement. SECTION 10 AUTHORIZED REPRESENTATIVES AND LIAISONS 10.1 AUTHORIZED REPRESENTATIVES: The following named persons are designated the Authorized Representatives of the parties for purposes of this Agreement. These persons have authority to bind the party they represent and to consent to modifications, except that the authorized representative shall have only the authority specifically or generally granted by their respective governing boards. Notice required to be provided pursuant to this Agreement shall be provided to the following named persons and addresses unless otherwise stated in this Agreement, or in a modification of this Agreement. TO THE COUNTY Steve Mielke, Director (or successor) Physical Development Division Western Service Center 14955 Galaxie Avenue Apple Valley, MN 55124 TO THE MUNICIPALITY Mayor (or successor) In addition, notification to the County regarding termination of this Agreement by the other party shall be provided to the Office of the Dakota County Attorney, Civil Division, 1560 Highway 55, Hastings, MN 55033. 10.2 LIAISONS. To assist the parties in the day-to-day performance of this Agreement and to ensure compliance and provide ongoing consultation, a liaison shall be designated by the County and the Municipality. The County and the Municipality shall keep each other continually informed, in writing, of any change in the designated liaison. At the time of execution of this Agreement, the following persons are the designated liaisons: County Liaison: Jenny Kedward Telephone: (952) 891-7043 Email: jenny.kedward@co.dakota.mn.us Municipality Liaison: Name: Telephone: Email: SECTION 11 TERMINATION 11.1 IN GENERAL. Either party may terminate this Agreement for cause by giving seven days' written notice or without cause by giving thirty (30) days' written notice, of its intent to terminate, to the other page 31 party. Such notice to terminate for cause shall specify the circumstances warranting termination of the Agreement. Cause shall mean a material breach of this Agreement and any supplemental agreements or amendments thereto. Notice of Termination shall be made by certified mail or personal delivery to the authorized representative of the other party. Termination of this Agreement shall not discharge any liability, responsibility or right of any party, which arises from the performance of or failure to adequately perform the terms of this Agreement prior to the effective date of termination. 11.2 TERMINATION BY COUNTY FOR LACK OF FUNDING. Notwithstanding any provision of this Agreement to the contrary, the County may immediately terminate this Agreement if it does not obtain funding from the Minnesota Legislature, Minnesota Agencies, or other funding source, or if its funding cannot be continued at a level sufficient to allow payment of the amounts due under this Agreement. Written notice of termination sent by the County to the Municipality by email or facsimile is sufficient notice under this section. The County is not obligated to pay for any services that are provided after written notice of termination for lack of funding. The County will not be assessed any penalty or damages if the Agreement is terminated due to lack of funding. SECTION 12 MODIFICATIONS Any alterations, variations, modifications, or waivers of the provisions of this Agreement shall only be valid when they have been reduced to writing, approved by the parties' respective Boards, and signed by the Authorized Representatives of the County and the Municipality. SECTION 13 MINNESOTA LAW TO GOVERN This Agreement shall be governed by and construed in accordance with the substantive and procedural laws of the State of Minnesota, without giving effect to the principles of conflict of laws. All proceedings related to this Agreement shall be venued in the County of Dakota, State of Minnesota. SECTION 14 MERGER This Agreement is the final expression of the Agreement of the parties and the complete and exclusive statement of the terms agreed upon and shall supersede all prior negotiations, understandings, or agreements. SECTION 15 SEVERABILITY The provisions of this Agreement shall be deemed severable. If any part of this Agreement is rendered void, invalid, or unenforceable, such rendering shall not affect the validity and enforceability of the remainder of this Agreement unless the part or parts that are void, invalid or otherwise unenforceable shall substantially impair the value of the entire Agreement with respect to either party. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date(s) indicated below. COUNTY OF DAKOTA COUNTY Steve Mielke, Director Physical Development Division Date of Signature: APPROVED AS TO FORM: Assistant County Attorney/Date -14- County Board Res. No. 14 - CITY OF page 32 Date of Signature: Attest , Mayor Date of Signature: (title) (7.4 COUNTY page 33 Dakota County, Physical Development Division Environmental Resources Department Jenny Kedward, 952-891-7043, jenny.kedward@co.dakota.mn.us Application process: Joan Kowski, 952-891-7965, joan.kowski@co.dakota.mn.us Mendota Heights 2015 Dakota County Community Funding Application Packet Application Packet and JPA Submittal Due Date: November 15, 2014 Funding Period: January 1, 2015 - December 31, 2015 2014 ANNUAL REPORT DUE DATE February 15, 2015 Date Application Submitted November 19, 2014 Submit completed Application Packet by: 1. Uploading to the Dakota County Local Solid Waste Staff (LSWS) SharePoint web site URL: http://sharepoint.co.dakota.mn.us/LSWS/default.aspx 2. Or by sending to jenny.kedward@co.dakota.mn.us or by mail to: Jenny Kedward Dakota County Physical Development Division 14955 Galaxie Avenue Apple Valley, MN 55124 Contact Information for Municipality Designated Municipality Liaison : Nolan Wall E-mail: nolanw@mendota-heights.com Title: Planner Mailing Address: 1101 Victoria Curve City/State/Zip: Mendota Heights, MN 55118 Phone: 651-452-1850 FAX Number: 651-452-8940 Municipality: Mendota Heights Funding Year: 2015 page 34 1. Copy of the Official Resolution or Minutes of the Proceedings Attach an official action from the governing body (e.g., City Council or Commission) requesting the funding allocation OR a certified copy of the official proceedings of the governing body approving the funding allocation. 2. Workplan Attach a Work Plan that includes activities, timeline, and deliverables. 3. Requested Budget Fill in the summary below and attach an itemized budget in Part VI. Fund Request Admin, Outreach/Education, Priority Issue LNIF, if allocated TOTAL 4. Compliance with Public Entity Laws $15,000 County Fund Eligibility $15,000 $10,631 $15,000 *If no, identify the timeline and steps being taken to obtain compliance. We are planning to order additional recycling bins to be placed at park facilities that do not have them. I certify that this 2015 Community Funding Application Packet was prepared under my direction or supervision, and that the information is true, accurate, and complete to the best of my knowledge. I certify that a 2014 Annual Report demonstrating compliance with this application will be submitted to the Department by February 15, 2015. Nolan Wall Name of person completing document Signature (electronic signature acceptable) Planner 11-19-2014 Title Date Yes No* MN Stat. 115A.151 (internal recycling programs for facilities under the municipality's control) Recycling is not currently available at all city owned facilities, but we will be working with those sites in 2015. MN Stat. 115A.552 (community recycling programs in place) X MN Stat. 115A.552 (residents have the opportunity to recycle) X MN Stat. 473.848 and 115A.471 (management of solid waste collected under contract from municipal operations) X *If no, identify the timeline and steps being taken to obtain compliance. We are planning to order additional recycling bins to be placed at park facilities that do not have them. I certify that this 2015 Community Funding Application Packet was prepared under my direction or supervision, and that the information is true, accurate, and complete to the best of my knowledge. I certify that a 2014 Annual Report demonstrating compliance with this application will be submitted to the Department by February 15, 2015. Nolan Wall Name of person completing document Signature (electronic signature acceptable) Planner 11-19-2014 Title Date page 35 2015 Work Plan/Annual Report I. Administration Local Solid Waste Staff (LSWS) Meetings GOAL: Open communications to share activities and results between County and Municipal staff. The municipality's designated Municipality Liaison must plan to attend at least four out of the following six LSWS meetings per year. REPORT: When submitting the Annual Report, check each box next to the meetings attended. Internal Recycling Activities GOAL: Promote recycling and waste reduction in the municipality's administrative buildings. List the activity, general message, date and type of measurement (e.g., attendees to a presentation, number of labels placed on bins) for each internal outreach activity. REPORT: Update the table with actual measurement when submitting the annual report. Activity/event/ Communication Message Date Type of Measurement Actual Metric Example: Presentation at Parks Dept. staff meeting Monthly postings on the City Intranet site What to recycle Recycling, waste reduction 3/14/15 Number of attendees 21 attendees (84% of staff); Monthly Employees emailed riOrder/place new recycling bins Increase n City -owned parks recycling ASAP New bins II. Waste Abatement & Residential Recycling Website content GOAL: Consistent recycling and waste abatement messaging through the County. ❑X I verify that all information on the municipal website regarding solid waste reduction, reuse, recycling, organics diversion and household hazardous waste links to applicable County webpages. Required Communication GOAL: Inform residents of waste abatement opportunities and household hazardous waste services at The Recycling Zone. Each municipality is required to produce at least one written and electronic (if applicable) communication to every new and existing household for each of the following topics: • Recycling (e.g., curbside and drop-off), waste reduction and/or reuse • The Recycling Zone services 2015 Dates • January 8 • July 9 • March 12 • September 10 • May 14 • November 12 Internal Recycling Activities GOAL: Promote recycling and waste reduction in the municipality's administrative buildings. List the activity, general message, date and type of measurement (e.g., attendees to a presentation, number of labels placed on bins) for each internal outreach activity. REPORT: Update the table with actual measurement when submitting the annual report. Activity/event/ Communication Message Date Type of Measurement Actual Metric Example: Presentation at Parks Dept. staff meeting Monthly postings on the City Intranet site What to recycle Recycling, waste reduction 3/14/15 Number of attendees 21 attendees (84% of staff); Monthly Employees emailed riOrder/place new recycling bins Increase n City -owned parks recycling ASAP New bins II. Waste Abatement & Residential Recycling Website content GOAL: Consistent recycling and waste abatement messaging through the County. ❑X I verify that all information on the municipal website regarding solid waste reduction, reuse, recycling, organics diversion and household hazardous waste links to applicable County webpages. Required Communication GOAL: Inform residents of waste abatement opportunities and household hazardous waste services at The Recycling Zone. Each municipality is required to produce at least one written and electronic (if applicable) communication to every new and existing household for each of the following topics: • Recycling (e.g., curbside and drop-off), waste reduction and/or reuse • The Recycling Zone services page 36 List the means of outreach, general message, date produced and type of measurement (e.g., number of newsletters distributed) for each activity. REPORT: Update the table with actual measurement when submitting the annual report. Outreach mechanism Message Date Type of Actual Measurement Metric Example: Postcard to new residents Carton recycling 5/1/15 Readership 1 postcard 30 new residents Newsletter articles Recycling options/info Quarterly Readership Required Outreach (Large Communities only) Required of the Rural Solid Waste Commission and communities with over 1,000 households. GOAL: Education of residents including schools and businesses to increase recycling and waste reduction. Each municipality must complete at least FOUR eligible educational activities not covered in the above tables. Suggestions are listed below but other activities may be approved by Department. List the type of measurement (e.g., attendees to a presentation, number articles published). REPORT: Update the table with actual measurement when submitting the annual report Outreach mechanism Message Date Audience Type of measurement Actual Metric Example: Promote recycling at annual River Clean Up Day Event What to recycle curbside 5/5/15 Residents Event attendance 60 attendees Spring Clean -Up Recycling event Spring 2015 Residents Pounds of waste collected/recycled Social Media Postings Recycling options/info Monthly Facebook and Twitter followers # of postings Youth Safety Camp Recycling Zone and HHW info Summer 2015 Attendees (3rd_4th graders) # of attendees Sewer Bill Message Recycling options/info Summer 2015 Residents # of mailings Eligible Educational Activities • Sponsor an event for Earth Day, America Recycles Day or Pollution Prevention Week • Coordinate an event for a school(s)about recycling, waste reduction or HHW • Distribute an additional printed or electronic outreach piece about recycling or waste reduction • Presentation/activity to community group (minimum 10 attendees) • Staff a booth at a community event with waste abatement information (minimum 50 attendees) • Post social media messages (posts must be at least monthly) • Other educational activity as approved by Department staff as part of the work plan meeting page 37 Waste Abatement Events and Activities GOAL: Increase residential recycling in Dakota County Each municipality must develop programs to increase residential recycling. Use the table to list events and activities where materials are collected to be recycled or reused (not disposal). Activities that do not fit into the table requirements should be listed in the narrative below. REPORT: Update the table with actual measurement when submitting the annual report. Update the narrative with activity outcomes. Collection Events and Activities List the event or activity, date conducted, how it was promoted and the type of measurement (e.g., attendees to an event, weight or volume of material collected). Event promotion may also be used in residential outreach and education (above) if the activity also communicates general recycling, waste reduction and reuse knowledge. Activities that are not associated with a date should be described in the narrative questions below. Event/activity Name Date Promotion of activity Type of Measurement Actual Metric Example: "Recycle Your 12/1/15 - Holiday Lights" drop-off 1/31/16 at Burnsville Ice Center Recycle Your Holidays Spring Clean -Up 11/15/14 — 1/31/15 Facebook posts Website Newsletter article Social media, newsletter, website Pounds of lights collected 47 lbs. of string lights Pounds of lights collected May 2015 Social media, newsletter, website Pounds of materials collected NOTE: to add another row, click in the last box of the table and press TAB. NARRATIVE: Describe other waste abatement activities and/or program development conducted by municipality, such as managing bulky waste. III. 2015 Waste Abatement Planning 1. Describe efforts to identify a quantitative waste diversion baseline and annual goal for your municipality (e.g., pounds recycled per household). Attend LSWS meetings and work with County staff to develop a plan for collecting data. 2. Describe planning efforts to implement municipality -wide organics diversion. Update the City Council on the issue, as included in the Dakota County Solid Waste Master Plan, and encourage cooperation in the future. IV. Priority Issue GOAL: Provide consistent recycling opportunities for public gathering areas, including parks, public areas, events and in municipally -owned non -administrative buildings. Municipalities must coordinate to offer recycling in public areas by the end of 2015. Fill out the following workplan by selecting the activities under each Goal that your municipality will accomplish page 38 during 2015. For the checked activities, identify when the activity will be completed (timeline). Expand on activity details if needed. REPORT: Fill in the 2015 Results column with outcomes and/or actual diversion measurements. NOTE: If you completed tasks in 2014, mark "completed" under Timeline column. Public Area Recycling Timeline 015 Results Objective 1: Provide recycling collection in park shelters and along major trails, and applicable public areas Organize • Form a team of stakeholders • Review goals and expectations Spring 2015 Get community input Evaluate 2015 0 Evaluate parks, public areas In List characteristics/ challenges of 2015 Winter 2015 each park © Prioritize parks, public areas • Conduct a waste sort (if needed) Winter 2015 II1 Determine needs for each park Implement Spring 2015 © Request labels/signs/bins from department • Post labels/signs Spring 2015 1 Spring 2015 © Relocate existing bins Place new bins Spring 2015 © Identify maintenance improvements Communicate Spring 2015 E1 Announce changes to municipal staff Spring 2015 ©Announce changes to public • Place signs explaining program at parks page 39 Objective 2: Provide recycling collection in municipally -owned and operated buildings N c co a° 0 Date(s) of event Spring 2015 • Form a team of stakeholders Event location Youth Safety Camp • Review goals and expectations N/A ©Get input (e.g., vendors, community) Kaposia Park Evaluate 2015 Spring 2015 • Evaluate buildings © List characteristics/ challenges of each •Assess waste collected (e.g., waste sort) © Determine needs for each building Implement 2015 Spring 2015 Spring 2015 0 Request labels/signage from County • Post labels/signage 0 Relocate existing bins (if needed) 0 Place new bins (if needed) Spring 2015 © Maintenance improvements Communicate Spring 2015 El Announce changes to municipal staff Spring 2015 ©Announce changes to public • Place signs explaining program at buildings Objective 3: Provide recycling and/or organics collection at municipality -run and municipality -sponsored events Name of Event Date(s) of event Estimated Attendance Recycling, Organics, or both? Event location Youth Safety Camp Summer 2015 N/A Both Kaposia Park page 40 V. Local Negotiated Initiative Funding Is your municipality applying for LNIF: ❑Yes ❑X No The 2015 Local Negotiated Initiative Fund (LNIF) focuses on organics diversion from residents and business recycling outreach. LNIF projects and programs are negotiated with Environmental Resources Department staff prior to submittal of the Application. Department approval is required to receive funding. Eligible LNIF projects: • Education and operation expenses supporting and promoting organics diversion for residents. • Recycling and/or organics diversion education/communication program for businesses. • Recognition program for businesses that implement waste reduction, reuse, recycling and/or organics diversion. • Organics diversion at municipality -sponsored events, such as parades, municipal celebrations, or other short -duration events. • Priority Issue development/completion. • OTHER activity that enhances organics diversion or business recycling or organics diversion LNIF Work Plan and Annual Report: Please identify and describe the proposed activities that your municipality will undertake in the current application year. Please note that LNIF project results must be included in the 2015 Annual Report and include all the below information: 1. Identify the cost and type of LNIF project from the above list of eligible projects that your municipality would like to complete. Name of project: Total cost: 2. Summarize in two or three paragraphs the work that your municipality would like to perform in this LNIF project area. Include a brief description of why you chose the specific project area, including a discussion of the municipal need. 3. Complete the Work Plan below for each approved initiative. The 2015 results column must be completed at the end of the year. page 41 LNIF Activity Timelin aterials produced if applicable Cost 2015 Results Goal 1: Goal 2 (if applicable): Goal 3 (if applicable): L REPORT: Answer the following questions when submitting the Annual Report. 4. Describe challenges encountered and possible solutions learned with the project. 5. Briefly describe how the LNIF project will be sustainable after this funding period. page 42 2015 Community Funding Budget and Expense Form Municipalities must enter estimated costs per line item based on the total community allocation. LNIF allocations are identified separately. Please list all municipality contributions (i.e., financial, staffing, other). Use another table if necessary. Municipality contributions are not mandatory but help the Department identify needs for this program. The total County share may not exceed the "amount of funds eligible for" provided by County staff in the application. Funding from budgets may not be carried over to the next year. Salary County Funds 7,800 Municipality Funds/In-Kind Funds/Staff Total Expense (County + Municipality) 24,800 17,000 Mileage 0 100 100 Training/Subscription/Membership 600 0 600 Consultant/temporary help 0 0 0 Design/printing 2,000 0 2,000 Distribution/mailing 1,500 0 1,500 Advertisement 0 0 0 Promotional Items 0 0 0 Special events fees 3,100 2,000 5,100 Data collection/evaluation 0 0 Containers 0 0 LNIF TOTAL* $15,000.00 $ 19,100.00 $ 34,100.00 *NOTE: To update formulas. Dress Ctrl + A. then press F9 Please identify the total percent FTE for your municipality to coordinate this program: 20% page 43 2015 Community Funding Performance Scorecard To be filled out by County staff to aid communities in completing annual workplan. The Community Funding Program enables each municipality to work with Department staff to develop and implement projects and programs for waste abatement towards achieving Master Plan objectives. Administration Work needs to be done to meet goals Meets goals Residential Curbside Recycling Services Provided Residents have access to curbside recycling through a private hauler or municipality -sponsored program. Designated Municipal Liaison attended at least 4 out of 6 municipality/county meetings per year. Municipality participated in and submitted annual Work Plan, with Budget Waste abatement efforts in municipal operations continued Annual report is complete and submitted on time Waste Abatement & Residential Recycling Work needs to be done to meet goals Meets goals Communications & Outreach Municipality uses resources from the Residential and Business Toolkits (articles, images, etc.), provided by the Department Printed and electronic recycling resources for residents follow the Dakota County style guidelines for logo and website references, and use terminology and/or images provided by the Department. The municipality website content for solid waste management and household hazardous waste links to the County's respective webpages. At least one written and electronic (when applicable) communication is distributed to every existing household about recycling, waste reduction and/or reuse. At least one written and electronic (when applicable) communication is distributed to every new household about recycling, waste reduction and/or reuse. page 44 At least one written and electronic (when applicable) communication is distributed to every existing household about The Recycling Zone services. At least one written and electronic (when applicable) communication is distributed to every new household about The Recycling Zone services. At least four additional education activities accomplished from a menu of options developed by the Department (large communities only). Accuracy of information is verified with Department staff before distribution. Printed materials identify funding source. Quantitative and qualitative measurements related to Master Plan objectives for each communication and outreach activity are provided. Operations, Programs & Recycling Events A municipality waste diversion baseline and annual goal for municipality is developed. Programs to increase residential recycling are developed and implemented. Planning is underway to implement municipality -wide organics diversion. Quantitative and qualitative measurements related to Master Plan objectives for each project/program activity is provided. Priority Issue Work needs to be Meets goals done to meet goals Recycling collection is offered in municipality -owned non- administrative facilities (e.g., community centers). Recycling collection is offered in park shelters and along major trails as well as applicable public areas. Recycling collection is offered at municipality -sponsored events. Follow best practices provided by the Department. Park, event, public space and internal recycling and trash collection containers are labeled with signs/labels provided by the Department. Residents and applicable coordinators/staff are educated about recycling in parks, public areas and events. au DATE: TO: FROM: SUBJECT: CITY OF MENDOTA HEIGHTS page 45 1101 Victoria Curve I Mendota Heights, MN 55118 651.452.1850 phone d 651.452.8940 fax www.mendota-heights.com November 18, 2014 Mayor, Council and City Administrator Mike Aschenbrener, Chief of Police & Emergency Manager Resolution No. 2014-65 Dakota County Electronic Crimes Task Force Joint Powers Agreement (JPA) BACKGROUND In 2013 the City Council was briefed on the need to have the capacity to work on electronic devices used in the commission of crimes. Over the course of 2014 the Dakota County Chiefs of Police worked to develop a collaborative effort to enhance the investigation of crimes in the county specifically related to gathering electronic evidence. After much discussion the purpose of the JPA Task Force was defined: to investigate illegal activities related to the use of electronic devices, the Internet, and materials transmitted or used in electronic forma and the prosecution of those conducting such illegal activities. The attached JPA has been reviewed by the City/County Attorney for each member. The JPA has been reviewed by our City Attorney Lehmann The cities of Eagan and Lakeville will maintain their own Electronic Crime Labs. ATTACHED • JPA (with all signature pages removed except Mendota Heights) • Resolution No. 2014-65 Dakota County Electronic Crimes Task Force Joint Powers Agreement BUDGET IMPACT The City of Mendota Heights will pay $15,000 in 2015 to participate in the JPA Task Force. These expenses are included in the 2015 Police budget. RECOMMENDATION If Council desires to implement the recommendation, pass a motion authorizing the Mayor to sign Resolution No. 2014-65; "DAKOTA COUNTY ELECTRONIC CRIMES TASK FORCE JOINT POWERS AGREEMENT," and execute the agreement. page 46 City of Mendota Heights Dakota County, Minnesota RESOLUTION NO. 2014-65 RESOLUTION 2014-065 FORMALLY AUTHORIZING PARTICIPATION IN A JOINT POWERS AGREEMENT (JPA) "DAKOTA COUNTY ELECTRONIC CRIMES TASK FORCE." WHEREAS, the City of Mendota Heights desires to have the ability to contact neighboring communities for aid assistance; and WHEREAS, the Minnesota State Statute requires a resolution to enter into a JPA; and WHEREAS, the City recognizes that the advances in technology require a continuing investment in training and resources; and WHEREAS, the City wishes to provide the highest level of service to its citizens and all victims of crime; and WHEREAS, the City understands that the ability to investigate these cases continues to exceed the capacity of the police department(s) individual investigative divisions and WHEREAS, the City understands the responsibilities vested in them to provide for the health, safety and welfare of the community; and WHEREAS, the City Council of the City of Mendota Heights have duly considered this matter and wish to enter into an agreement that would expand the resources available to them and our neighbors to solve crimes. NOW THEREFORE BE IT HEREBY RESOLVED that the City Council of the City of Mendota Heights has by RESOLUTION 2014-065 FORMALLY AUTHORIZIED PARTICIPATION IN A JOINT POWERS AGREEMENT "DAKOTA COUNTY ELECTRONIC CRIMES TASK FORCE." Adopted by the City Council of the City of Mendota Heights this 18th, day of November 2014. CITY COUNCIL CITY OF MENDOTA HEIGHTS By Sandra Krebsbach, Mayor ATTEST: By Lorri Smith, City Clerk page 47 DAKOTA COUNTY ELECTRONIC CRIMES TASK FORCE JOINT POWERS AGREEMENT The parties to this Agreement are units of government responsible for the enforcement of criminal laws in their respective jurisdictions. This Agreement is made pursuant to the authority conferred upon the parties by Minnesota Statutes §471.59. NOW THEREFORE, the undersigned governmental units, in the joint and mutual exercise of their powers, agree as follows: 1. Name. The parties hereby establish the Dakota County Electronic Crimes Task Force ("Task Force"). 2. General Purpose. The purpose of this Agreement is to establish an organization to coordinate efforts to investigate illegal activities related to the use of electronic devices, the Internet, and materials transmitted or used in electronic form and the prosecution of those conducting such illegal activities. 3. Parties. The parties to this Agreement are the following units of government: City of Apple Valley City of Burnsville City of Farmington City of Hastings City of Inver Grove Heights 4. Administrative Board. City of Mendota Heights City of Rosemount City of South St. Paul City of West St. Paul Dakota County 4.1 Creation and Composition. A joint powers board, known as the Electronic Crimes Task Force Administrative Board ("Board"), is established for the purposes contained herein with the powers and duties set forth in this Agreement. The Board shall consist of one member from each of the law enforcement units of government that participates in the Task Force, appointed by their respective police chief or sheriff. Board members appointed by police chiefs and the sheriff must be full-time supervisory peace officers of their jurisdiction or office. The police chief or sheriff may appoint an alternative member to attend Board meetings if the appointed member is unavailable. Alternates must be full-time supervisory peace officers from their jurisdiction or office. Board members shall not be deemed employees of the Task Force and shall not be compensated by it. At the discretion of the Dakota County Attorneys, the Dakota County Attorney's Office shall serve the Board in an advisory capacity. The fiscal agent shall maintain a roster of current Board members and appointed alternates. 4.2 Term. Board members and alternates shall serve at the pleasure of their respective police chief or sheriff. In the event that any Board member shall be removed by the appointing agency, the vacancy shall be filled by the appropriate appointing agency. 4.3 Officers. At its initial meeting after execution of this Agreement by all parties, the Board shall elect from its members (but not alternates) a chair, a vice -chair and a secretary/treasurer. The officers shall serve in their respective positions until the Board meets in January 2016, when Board members shall again elect from its members a chair, a vice -chair, a secretary/treasurer, and such other officers as it deems necessary to conduct its meetings and affairs. In January of each subsequent year the Board shall meet and elect from its members a chair, a vice -chair, a secretary/treasurer, and such other officers as it deems necessary to conduct its meetings and affairs. Officers shall serve for a term of one (1) year or until the officer ceases to be a board member, whichever is shorter. page 48 4.4 Meetings. Except as provided in Paragraph 4.3, the Board shall meet in January of each year and shall have other regular and special meetings at such times and places as the Board shall determine. Special meetings may be held on three (3) days' notice by the chair or any two (2) board members, except that a special meeting to consider adoption of or amendments to the Board's operating rules pursuant to paragraph 6.1 shall require ten (10) days' notice. The presence of two- thirds (2/3) of the Board members at a meeting shall constitute a quorum. 4.5 Voting. Each Board member shall be entitled to one vote. If a Board member is unable to attend a meeting, the duly appointed alternative may attend and vote. Proxy voting is not permitted. The Board shall function by a majority vote of the board members, or alternates, present. 5. Duties of the Administrative Board. 5.1 The Board shall formulate a program to carry out its purpose. 5.2 The Board shall coordinate intelligence between the members and the Task Force. 5.3 The Board shall have prepared an independent audit of the books and accounts of the Task Force and shall provide an audit report to its members if any member requests a financial audit of the Task Force. 5.4 The Sheriff's Office shall provide annually a year-end review/expenditure report of the Task Force's activities. 5.5 The Board shall establish performance and quality control measures and periodically monitor those measures, to include Task Force investigatory practices and policies. 6. Powers of the Administrative Board. 6.1 The Board may adopt and amend such bylaws that it may deem necessary or desirable for the conduct of the business of the Board. Such bylaws shall be consistent with the terms of this Agreement and any applicable laws or regulations. 6.2 The Board may enter into any contract necessary or proper for the exercise of its powers or the fulfillment of its duties and enforce such contracts to the extent available in equity or at law. The Board may authorize the chair of the Board to enter into and execute those contracts. 6.3 The Board may disburse funds in a manner which is consistent with this Agreement and with the method provided by law for the disbursement of funds by the parties to this Agreement. 6.4 The Board may apply for and accept gifts, grants or loans of money or other property or assistance from- the United States Government, the State of Minnesota, or any person, association or agency for any of its purposes; enter into any agreement in connection therewith; and hold, use and dispose of such money, property or assistance in accordance with the terms of the gift, grant or loan relating thereto. 6.5 The Board may cooperate with other federal, state and local law enforcement agencies to accomplish the purpose for which it is organized. 6.6 The Board shall maintain liability coverage with the League of Minnesota Cities Insurance Trust (LMCIT) with a limit of at least $1,500,000 per occurrence, under standard LMCIT liability coverage forms. page 49 6.7 Technology equipment required to investigate crimes and analyze evidence seized by Agents of the Task Force shall be contributed and owned by Dakota County. The Board may hold such other property as may be required to accomplish the purposes of this Agreement and upon termination of this Agreement make distribution of such property as provided for in this Agreement. 6.8 The Board may create a policies and procedures manual for use by the Task Force. If a policy or procedure adopted by the Board conflicts with a policy or procedure of a member, that member's policy or procedure shall apply to any agent assigned by that member to the Task Force. 6.9 The Board may recommend changes in this Agreement to its members. 7. Budgeting and Funding. 7.1 7.1 The members intend to fund the cost of operating the Task Force through member contributions of funds and staff and by obtaining grant funds and restitution, if available. For 2015, the cities of Hastings, Farmington, Mendota Heights, Rosemount, South St. Paul and West St. Paul each will pay $15,000 to the Task Force fiscal agent to be deposited in the Task Force account. For 2015 each of the cities of Burnsville and Apple Valley will contribute the services of one full-time licensed peace officer and the city of Rosemount will contribute the services of one half-time licensed peace officer. For subsequent years, these cities, as well as any new member cities, each will pay an amount or contribute staffing determined by the Board so that the adopted budget will be adequately funded, provided only that any member may object to a proposed payment as excessive relative to the adopted budget. If a member's objection cannot be resolved, the Board may adopt a revised budget to accommodate the member's objection or an amendment to this Agreement approved by all members shall be approved and executed by each member's governing body. Other members may contribute the services of licensed peace officers as each deems appropriate. 7.2 The Board shall adopt a budget based upon grant funds received, member financial contributions and money made available from other sources. The Board may amend the budget as needed to reflect revenue and expenditure changes. 7.3 Dakota County shall serve as the fiscal agent of the Task Force and shall account for all funds received pursuant to this Agreement according to generally accepted accounting principles. The fiscal agent shall forward reports on Task Force receipts and disbursements to the members on a regular basis. Fiscal agent responsibilities shall include, but not be limited to: management of all funds, including member contributions and grant monies, payment for contracted services and relevant bookkeeping and recordkeeping. No payment on any invoice for services performed by any person providing services in connection with this Agreement shall be authorized unless approved by the Board chair, vice -chair or secretary/treasurer. 7.4 The members agree to contribute their financial contributions, grant funds and dedicated licensed peace officers required to operate the Task Force. 7.5 All funds shall be accounted for according to generally accepted accounting principles. The secretary/treasurer shall make a quarterly financial report of all expenditures and receipts, and current fund balances to the Board. 7.6 The Board may not incur debt. 7.7 The Board's obligation to reimburse members for any expense, furnish equipment and the like is contingent upon the receipt of grant funds for that purpose. If insufficient grant funds are received, the Board may reduce the level of reimbursement and/or reduce other expenditures. page 50 8. Agents. 8.1 Each member shall inform the Board in December of each year of the identity of the licensed peace officers to serve as Agents for the Task Force for the following calendar year. The chief law enforcement officer shall have the responsibility for determining the identity of their agency's assigned officer(s). The number of licensed peace officer(s) per member allowed to serve as Agents for the Task Force must be approved in advance by the Board. 8.2 Agents are not employees of the Task Force. Agents shall remain employees of the member that has assigned them to the Task Force and shall be compensated by that member. Each party to this Agreement shall be responsible for injuries to or death of its own personnel. Each party to this Agreement waives its right to sue any other party for any workers' compensation benefits paid to its own employee or their dependents, even if the injury is caused wholly or partially by the negligence of any other party, or its officers, employees or agents. 8.3 The member appointing the Agent shall furnish the Agent with all standard department issued equipment necessary to perform all functions of the Agent. Agents' computers must meet Dakota County standards. Each member shall be responsible for damages to or loss of its own equipment. Each member waives the right to sue any other member for any damages to or loss of its equipment, even if the damages or loss were caused wholly or partially by the negligence of any other member or its officers, employees or agents. 8.4 The members shall maintain the officer positions hired to replace the officer assigned to the Task Force, or maintain the Full Time Equivalent or Half Time Equivalent staffing assigned to the Task Force as described in Section 8.1. 9. Indemnification. The Task Force is a separate and distinct public entity to which the parties have transferred all responsibility and control for actions taken pursuant to this Agreement. The Task Force shall defend and indemnify the parties, and their officers, employees, and agents, from and against all claims, damages, losses, and expenses, including attorney fees, arising from Task Force activities or operations, and decisions of the Board. Nothing in this Agreement shall constitute a waiver of the statutory limits on liability set forth in Minnesota Statutes, Chapter 466, or a waiver of any available immunities or defenses. To the fullest extent permitted by law, action by the parties to this Agreement are intended to be and shall be construed as a "cooperative activity" and it is the intent of the parties that they shall be deemed a "single governmental unit" for the purposes of liability, as set forth in Minnesota Statutes, Section 471.59, subd. 1 a(a), provided further that for purposes of that statute, each party to this Agreement expressly declines responsibility for the acts or omissions of another party. Nothing herein shall be construed to provide insurance coverage or indemnification to an officer, employee, or agents of any party for any act or omission for which the officer, employee, or agent is guilty of malfeasance in office, willful neglect of duty, or bad faith. Any excess or uninsured liability shall be borne equally by all the parties, but this does not include the liability of any individual officer, employee, or agent which arises from his or her own malfeasance, willful neglect of duty, or bad faith. 10. Insurance. The Board shall purchase general liability insurance for activities of the Task Force as described in Section 6.7. Such insurance shall name each member as an additional insured. By purchasing insurance, the members do not intend to waive, and this Agreement shall not be interpreted to constitute a waiver by any member of limitations on liability or immunities provided by any applicable page 51 Minnesota law, including Minn. Stat. Chs. 466 and 471. The cost of the general liability insurance shall be paid from funds of the Task Force. 11. Task Force Supervisory Oversight. The Dakota County Sheriff's Office will provide supervisory oversight of Task Force operations including case assignments, record keeping, intelligence management, management of all property seized, and the execution of stings, arrests, search warrants and similar operations performed by the Agents. The members of this Agreement are not liable for the acts or omissions of the other members of this Agreement except to the extent to which they have agreed in writing to be responsible for acts or omissions of the other members. 12. Additional Parties. Any additional unit of government may become a party to this Agreement by adopting a resolution declaring its intention to do so and by entering into this Agreement, as it may be amended from time to time, provided that the parties have entered into an amendment pursuant to Paragraph 12 approving such additional member. Such amendment shall be substantially in form of Exhibit A, attached hereto and incorporated by reference. 13. Amendments. Any amendment to this Agreement must be in writing and executed by all of the parties. 14. Counterparts. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original but all of which shall constitute one and the same instrument. All counterparts and amendments shall be filed with the fiscal agent. 15. Effective Date. This Agreement shall take full effect on January 1, 2015. Members may execute this Agreement in counterparts and need not sign the same original document. The signed Agreement shall be filed with the Board's designated fiscal agent, who shall notify all members in writing of its effective date. The fiscal agent shall also notify all parties of additional parties added pursuant to Paragraph 11 and parties withdrawing pursuant to Paragraph 15.2. 16. Termination and Withdrawal. 16.1 Termination Date. This Agreement shall terminate upon the occurrence of any one of the following events, whichever occurs first: • When necessitated by operation of law or as a result of a decision by a court of competent jurisdiction; or • When a majority of members agree by resolution to terminate the agreement upon a date certain; or • On December 31, 2017, unless extended by agreement of all of the members. 16.2 Withdrawal. Without the necessity of approval from the parties' governing bodies, any party may withdraw from this Agreement upon 60 days' written notice to the Board. The Board shall notify the members pursuant to Section 16 of the receipt of a withdrawal notice. Withdrawal shall not act to discharge any liability incurred by the member prior to withdrawal. Such liability shall continue until discharged by law or agreement. In the event of withdrawal by any member, the agreement shall remain in full force and effect as to all remaining members. 16.3 Effect of Termination. With the exclusion of technology equipment contributed and owned by Dakota County as described in Section 6.8, upon termination of this Agreement all property of the Task page 52 Force shall be sold or distributed to the members in proportion to their respective financial and staff contributions to the Task Force since its inception. Parties who effectively withdraw from this Agreement will not be entitled to any return of their contributions. 17. Notice. Notice of withdrawal shall be provided by first class mail to the following and to any additional members added pursuant to Paragraph 11:Apple Valley Chief of Police Mendota Heights Chief of Police 7100 147th Street West 1101 Victoria Curve Apple Valley, MN 55124 Mendota Heights, MN 55118 Burnsville Chief of Police 100 Civic Center Parkway Burnsville, MN 55337 Farmington Chief of Police 19500 Municipal Drive Farmington, MN 55024 Hastings Chief of Police 150 3rd Street East Hastings, MN 55033 Inver Grove Heights Chief of Police 8150 Barbara Avenue Inver Grove Heights, MN 55077 Rosemount Chief of Police 2875 145th Street West Rosemount, MN 55068 South St. Paul Chief of Police 125 3rd Avenue North South St. Paul, MN 55075 West St. Paul Chief of Police 1616 Humboldt Avenue West St. Paul, MN 55118 Dakota County Sheriff Law Enforcement Center 1580 Highway 55 Hastings, MN 55033 IN WITNESS WHEREOF, the undersigned governmental units, by action of their governing bodies, have caused this Agreement to be executed in accordance with the authority of Minnesota Statute § 471.59. Approved by the City Council CITY OF APPLE VALLEY Date: By: Date of Signature: Attest: Date of Signature: o:\civil\contract\2014\ks14-212 final dakotactyelectroniccrimestaskforcejpa 10.16.2014.docx Approved by the City Council CITY OF MENDOTA HEIGHTS Date: page 53 By: Date of Signature: Attest: Date of Signature: DATE 12 -Nov -14 TO: Mayor, City Council and City Administrator FROM: Mike Andrejka- Building Official SUBJECT: Building Activity Report October 2014 October 1, 2014 thru October 31 , 2014 Building No. Valuation Fee Collected Permits No. Contractor Licenses Fee Collected SFD 1 $375,000.00 $ 3,927.31 APT $ $ $ Townhouse 19 $ $ Condo $ 10.00 $ $ Misc. 71 $ 860,650.00 $ 15,994.08 C/I 5 $ 713,620.00 $ 8,828.16 Sub Total: 77 $1,949,270.00 $ 28,749.55 October 1, 2014 thru October 31 , 2014 Trade No. Valuation Fee Collected Permits No. Contractor Licenses Fee Collected Valuation Fee Collected Plumbing $ 900.00 14 $ $ $ 664.00 Water 19 1 $ Condo $ 10.00 Sewer $ 4 $ $ 6,742,470.95 $ 100.00 Heat, AC & Gas 43 29 $ Sub Total: $ 2,917.91 Sub Total: $291,224.56 48 $ 3,691.91 October 1, 2014 thru October 31 , 2014 Licenses No. Valuation Fee Collected Valuation Fee Collected Contractor Licenses Fee Collected 18 $ $7,230,000.00 $ 900.00 January 1, 2014 thru October 31, 2014 Building No. Valuation Fee Collected Permits No. Valuation Fee Collected SFD 15 $7,230,000.00 $72,241.60 APT 5 $ $ Townhouse 19 $ $ Condo 226 $ $ Misc. 530 $ 6,742,470.95 $ 120,563.28 C/I 43 $ 10,792,057.50 $ 103,659.68 Sub Total: 588 $24,764,528.45 $291,224.56 January 1, 2014 thru October 31, 2014 Trade No. Valuation Fee Collected Permits No. Valuation Fee Collected Plumbing 136 $ $ 10,922.43 Water 5 $ $ 50.00 Sewer 19 $ $475.00 Heat, AC & Gas 226 $ $ 22,176.18 Sub Total: 386 $ $ 33,623.33 January 1, 2014 thru October 31, 2014 Licenses No. Valuation Fee Collected Contractor Licenses 313 $ $ 15,650.00 TOTAL 143 $1,949,270.00 $ 33,341.46 TOTAL 1,287 $24,764,528.45 $340,497.89 NOTE: All fee amounts exclude SAC, WAC, and State Surcharge. Amounts shown will reflect only permit, plan check fee, and valuation amounts. January 1, 2013 thru October 31, 2013 Building No. Valuation Fee Collected Permits Permits No. $ SFD 3 $ 1,059,000.00 $ 11,176.11 APT APT $ $ Townhouse $ $ $ Condo 5 $ $ Misc. 477 $ 5,885,673.00 $ 106,413.55 C/I 88 $ 12,564,162.00 $ 96,205.57 Sub Total: 568 $ 19,508,835.00 $ 213,795.23 January 1, 2013 thru October 31, 2013 Trade No. No. Valuation Fee Collected Permits No. $ Valuation Fee Collected Plumbing 155 $ APT $ 8,390.50 Water 2 $ 14 $ 20.00 Sewer 5 $ $ $ 125.00 Heat, AC & Gas 250 $ 7,332,065.00 $ 93,196.27 $ 33,247.09 Sub Total: 412 $ Sub Total: $ 41,782.59 January 1, 2013 thru October 31, 2013 Licenses No. No. Valuation Fee Collected Contractor Licenses 313 $ Fee Collected $ 15,650.00 TOTAL 1,293 $ 19,508,835.00 $ 271,227.82 page 54 January 1 2012 thru October 31, 2012 Building No. Valuation Fee Collected Permits No. Valuation Fee Collected SFD 4 $3,104,000.00 $24,806.94 APT 3 $ $ Townhouse 14 $ $ Condo 138 $ $ Misc. 490 $ 7,332,065.00 $ 93,196.27 C/I 112 $ 22,560,461.00 $ 161,789.52 Sub Total: 606 $32,996,526.00 $279,801.73 January 1 2012 thru October 31, 2012 Trade No. Valuation Fee Collected Permits No. Valuation Fee Collected Plumbing 157 $ $ 13,253.00 Water 3 $ $ 30.00 Sewer 14 $ $ 350.00 Heat, AC & Gas 138 $ $ 32,858.00 Sub Total: 312 $ $ 49,491.00 January 1 2012 thru October 31, 2012 Licenses No. Valuation Fee Collected Contractor Licenses 328 $ $ 16,400.00 TOTAL 1246 $32,996,526.00 $342,692.73 page 55 1101 Victoria Curve I Mendota Heights, MN 55118 651.452.1850 phone 1 651.452.8940 fax www.mendota-heights.com CITY OF MENDOTA HEIGHTS DATE: November 18, 2014 TO: Mayor, City Council and City Administrator FROM: Dave Dreelan, Assistant Fire Chief SUBJECT: October 2014 Fire Synopsis Fire Calls The department responded to 22 calls for the month. The majority of calls were classified as false alarms or as good intent calls. Ten of the calls were residential in nature, of the other calls, four were commercial responses, two were EMS calls, five were utility calls and one call was a CO alarm with symptoms. Monthly Depaitment Training The monthly department training was our confidence drill with the Self Contained Breathing Apparatus (SCBA). The drill forced the firefighters to try and better balance the amount of tasks they can complete on the fire ground verses the amount of air they have remaining in their SCBA. Traditionally firefighters wait until their low air alarm sounds on their SCBA before exiting the hazard. This practice leaves little room for error if something goes wrong on the way out of the hazard. The training forced the firefighters to be more "air aware" and exit the structure before their alarms sounded. Monthly Squad Training The squad training for the month was our annual Self Contained Breathing Apparatus (SCBA) training. Firefighters reviewed emergency procedures related to their SCBA such as low air emergencies, SCBA malfunctions, air consumption rates, and SCBA disentanglement procedures. MENDOTA HEIGHTS FIRE DEPARTMENT OCTOBER 2014 MONTHLY REPORT FIRE CALLS NO. 14236 - 14257 NUMBER OF CALLS: 22 page 56 FIRE ALARMS DISPATCHED: NUMBER ACTUAL FIRES Structure - MH Commercial Structure - MH Residential Structure - Contract Areas Vehicle - MH Vehicle - Contract Areas Grass/Brush/No Value MH Grass/Brush/No Value Contract MEDICAL Assist Extrication HAZARDOUS SITUATION Spills/Leaks Arcing/Shorting Chemical Power Line Down FALSE ALARM Residential Malfunction Commercial Malfunction Unintentional - Commercial Unintentional - Residential Criminal GOOD INTENT Smoke Scare Steam Mistaken for Smoke Other MUTUAL AID TOTAL CALLS 1 1 3 1 1 6 1 8 22 STRUCTURE CONTENTS MISC. TOTALS TO DATE TOTAL MONTHLY FIRE LOSSES $0 $0 $0 $0 $525,000 $59,500 $39,920 $0 FIRE LOSS TOTALS MENDOTA HEIGHTS ALL FIRES, ALL AREAS (MONTH) $0 MEND. HTS. ONLY STRUCT/CONTENTS MEND. HTS. ONLY MISCELLANEOUS MEND. HTS. TOTAL LOSS TO DATE $624,420 $525,000 $39,520 $564,520 LOCATION OF FIRE ALARMS: TO DATE MENDOTA HEIGHTS MENDOTA SUNFISH LAKE LI LYDALE OTHER 14 1 2 5 0 TOTAL 22 205 7 13 25 7 257 LAST YEAR 150 7 10 22 9 198 BILLING FOR SERVICES AGENCY THIS MONTH TO DATE MN/DOT MILW. RR CNR RR OTHERS: TOTALS: $0 $0 $0 $0 $0 $0 WORK PERFORME HOURS TO DATE FIRE CALLS 260 4158 MEETINGS DRILLS 123.5 1449 WEEKLY CLEAN-UP SPECIAL ACTIVITY 21 325.5 31 349 541.8 3587.8 ADMINISTATIVE 0 FIRE MARSHAL 60.5 0 LAST YEAR 3184.5 370.5 1580.5 374 2567.25 0 565.5 611 TOTALS 1037.8 10434.8 8687.75 FIRE MARSHAL'S TIME FOR MONTH INSPECTIONS INVESTIGATIONS RE -INSPECTION MEETINGS ADMINISTRATION SPECIAL PROJECTS TOTAL 36.5 3 17 4 60.5 REMARKS: SEE OTHER SIDE FOR SYNOPSIS CITY OF MENDOTA HEIGHTS page 57 1101 Victoria Curve I Mendota Heights, MN 55118 651.452.1850 phone 1 651.452.8940 fax www.mendota-heights.com DATE: November 18, 2014 TO: Mayor and City Council FROM: Sloan Wallgren, Recreation Program Coordinator SUBJECT: Par 3 Update Update The month of October was good for the golf course. The weather cooperated and we would able to keep the golf course open through November 2, 2014. The golf course is now closed for the 2014 season. Staff is already working on expanding our Junior Golf Camps and Junior Golf Leagues for next year. Staff is also working on putting together a plan to offer sponsorship on our tee signs and scorecards to help offset costs and possibly produce some revenue. The sport of footgolf has been gaining momentum. Our footgolf course was only open for two months and we were able collected nearly $1,600 in revenue from the sport. For the 2015 season we will be looking to collect $5,000 in revenue from footgolf. We are planning on offering leagues, tournaments and special events featuring footgolf. We will be working with St. Thomas Academy again to create a cross country ski trail out at the golf course. There is no fee to use the trail, and there are will be benches outside of the clubhouse for people to put on their boots and skis. Depending on weather, the trail will be open by the first of the year. Budget Total sales for the month of October were $5,233 and total expenses were $10,807. Total sales for the year through October are $136,068 and expenses are $118,624 resulting in a net profit of $17,444 year to date. MENDOTA HEIGHTS PAR 3 BUDGET TO ACTUAL REPORT October 2014 (83.33% OF YEAR) REVENUES GREENS, LEAGUE & TOURN FEES RECREATION PROGRAMS CONCESSIONS SUNDRY REVENUE INTEREST CAPITAL CONTRIBUTIONS PAR 3 FUND REVENUE TOTAL EXPENDITURES CLUBHOUSE SALARIES ADMINISTRATIVE SALARIES FICA/PERA MEDICAL INSURANCE U/E & W/C INSURANCE RENTALS UTILITIES PROFESSIONAL FEES - AUDIT PROF FEES - CONSULTING FEES PROF FEES - GROUNDS MGMT PROF FEES - GROUNDS WAGES PROF FEES - TREE MAINTENANCE ADVERTISING/NEWSLETTER LIABILITY/AUTO INSURANCE OPERATING COSTS/SUPPLIES FUEL REPAIRS & MAINTENANCE SUNDRY/DUES/MILEAGE/CLOTHING CONTINGENCY ONLINE REG & CREDIT CARD FEES BUDGET $105,000 $35,000 $21,000 $100 $250 $0 OCTOBER 2014 $4,437 $0 $797 $0 $0 $0 YTD 2014 $82,013 $37,072 $16,869 $113 $0 $0 page 58 YTD 0/0 78.11% 105.92% 80.33% 113.00% 0.00% 0.00% $161,350 $5,233 $136,068 84.33% BUDGET $32,700 $24,021 $8,844 $7,144 $6,100 $1,500 $9,800 $2,425 $900 $8,000 $18,000 $500 $600 $3,450 $7,200 $2,000 $15,000 $1,700 $0 $2,750 OCTOBER 2014 $1,842 $1,861 $627 $490 $0 $61 $1,426 $0 $0 $0 $1,371 $0 $0 $0 $548 $150 $2,200 $30 $0 $200 YTD 2014 $23,018 $20,236 $6,552 $4,897 $1,223 $2,462 $8,397 $2,425 $1,520 $6,000 $13,226 $0 $309 $3,242 $5,872 $1,896 $10,745 $2,314 $1,760 $2,530 YTD 70.39% 84.24% 74.09% 68.54% 20.05% 164.10% 85.68% 100.00% 168.86% 75.00% 73.48% 0.00% 51.54% 93.97% 81.56% 94.79% 71.63% 136.12% 0.00% 0.00% PAR 3 EXPENDITURES TOTAL $152,634 $10,807 $118,624 77.72% page 59 MENDOTA HEIGHTS PAR 3 BUDGET TO ACTUAL REPORT October 2013 AND 2014 REVENUES OCT OCT YTD YTD 2013 2014 2013 2014 GREENS, LEAGUE, TOURNAMENT FEES $2,653 $4,437 $91,063 $82,013 RECREATION PROGRAMS $0 $0 $30,920 $37,072 CONCESSIONS $569 $797 $19,200 $16,869 SUNDRY REVENUE $0 $0 $27 $113 INTEREST $0 $0 $0 $0 CAPITAL CONTRIBUTIONS $0 $0 $0 $0 PAR 3 FUND REVENUE TOTAL $3,222 $5,223 $141,210 $136,068 EXPENDITURES CLUBHOUSE SALARIES $2,047 $1,842 $26,645 $23,018 ADMINISTRATIVE SALARIES $1,745 $1,861 $18,991 $20,236 FICA/PERA $727 $627 $6,941 $6,552 MEDICAL INSURANCE $428 $490 $4,369 $4,897 U/E & W/C INSURANCE $0 $0 $4,330 $1,223 RENTALS $107 $61 $1,371 $2,462 UTILITIES $1,318 $1,426 $6,919 $8,397 PROFESSIONAL FEES -AUDIT $0 $0 $2,390 $2,425 PROF FEES -CONSULTING FEES $0 $0 $402 $1,520 PROF FEES -GROUNDS MGMT $0 $0 $6,000 $6,000 PROF FEES -GROUNDS WAGES $1,858 $1,371 $13,320 $13,226 PROF -FEES -TREE MAINTENANCE $0 $0 $0 $0 ADVERTISING/NEWSLETTER $99 $0 $295 $309 LIABILITY/AUTO INSURANCE $0 $0 $3,293 $3,242 OPERATING COSTS/SUPPLIES $469 $548 $5,172 $5,872 FUEL $372 $150 $2,135 $1,896 REPAIRS & MAINTENANCE $1,455 $2,200 $12,594 $10,745 SUNDRY/DUES/MILEAGE/CLOTHING $40 $30 $2,096 $2,314 CAPITAL OUTLAY $0 $0 $0 $0 ONLINE REG & CREDIT CARD FEES $233 $200 $2,422 $2,530 CONTINGENCY $22 $1,314 $1,336 $1,760 PAR 3 EXPENDITUES TOTAL $10,921 $10,807 $121,023 $118,624 page 60 1101 Victoria Curve 1 Mendota Heights, MN 55118 651452.1850 phone 1 651.452.8940 fax ww..mendota-heights.com DATE: TO: FROM: SUBJECT: CITY OF MENDOTA HEIGHTS BACKGROUND Significant Claims November 18, 2014 Mayor, City Council and City Administrator Kristen Schabacker, Finance Director Nt_ Claims List Summary Arbor Hill Tree Farm — Victoria Road Project Bound Tree Medical — AED/Supplies CDW — G — Software Licenses Dakota County Financial Services — RMS/CJIIN/Emergency Operations Didion Contracting — Storm Sewer Repair Graybar Electric — Heat Cable Installation — City Hall Joe Becker Construction — Marie Park Hockey Rink Mansfield Oil Company — Fuel Menards — Hockey Boards/Operating Supplies PAC — Storm Sewer Repairs $ 3,265.00 $ 3,782.84 $ 7,933.25 $ 28,067.52 $ 47,730.18 $ 8,706.57 $ 11,150.00 $ 15,694.30 $ 5,038.15 $ 9,041.38 Manual Checks Total $ 6,975.23 System Checks Total $ 178,700.95 i Total for the list of claims for the November 18, 2014 city council meeting $ 185,676.18 RECOMMENDATION: Approval of the list of claims for November 18, 2014. Account CITY OF MENDOTA HEIGHTS Claims List MANUAL CHECKS 11/12/14 MAN Comments DEPT Descr page 61 11/13/14 10:03 AM Page 1 Amount Search Name B C A - BTS E 01-4490-030-30 Search Name B C A - BTS BACKGROUND CHECKS - FIRE FIGHTERS Search Name HOME DEPOT CREDIT SERVICES E 08-4335-000-00 E 01-4330-215-70 E 29-4337-000-00 E 01-4305-050-50 E 29-4337-000-00 E 08-4335-000-00 E 08-4335-000-00 BLDG MAINT. EQUIPMENT - CITY HALL PARK BUILDING MAINTENANCE STORM SEWER REPAIR SUPPLIES OPERATING SUPPLIES - STREETS STORM SEWER REPAIR SUPPLIES BLDG MAINT. SUPPLIES - CITY HALL BLDG MAINT. SUPPLIES - CITY HALL Search Name HOME DEPOT CREDIT SERVICES Search Name I C M A RETIREMENT 457 G 01-2073 11/07/2014 PAYROLL G 01-2072 11/07/2014 PAYROLL Search Name ICM A RETIREMENT 457 Search Name NATIONWIDE RETIREMENT SOLUTION G 01-2072 11/07/2014 PAYROLL Search Name NATIONWIDE RETIREMENT SOLUTION Search Name PURCHASE POWER G 01-1210 E 01-4490-110-10 Search Name PURCHASE POWER Search Name SCHUTTA, TAMARA E 01-4490-640-12 E 01-4490-110-10 Search Name SCHUTTA, TAMARA Search Name SELECT ACCOUNT G 01-2071 E 05-4131-105-15 E 01-4131-050-50 E 01-4131-070-70 E 01-4131-020-20 E 01-4131-110-10 Search Name SELECT ACCOUNT REPLENISH POSTAGE METER REPLENISH POSTAGE METER ELECTION SUPPLIES SAFETY TRAINING NOV 2014 HSA CONTRIBUTION NOV 2014 HSA CONTRIBUTION NOV 2014 HSA CONTRIBUTION NOV 2014 HSA CONTRIBUTION NOV 2014 HSA CONTRIBUTION NOV 2014 HSA CONTRIBUTION Search Name UNITED WAY OF ST. PAUL G 01-2070 11/07/2014 PAYROLL Search Name UNITED WAY OF ST. PAUL Fire Spec Fds Parks & Recreation Spec Fds Road & Bridges Spec Fds Spec Fds Spec Fds Administration Elections Administration Engineering Enterprise Road & Bridges Parks & Recreation Police Administration $146.00 $146.00 $39.97 $128.66 $110.15 $67.79 $429.44 $16.98 $14.21 $807.20 $192.00 $483.99 $675.99 $50.00 $50.00 $500.00 $20.99 $520.99 $65.70 $65.98 $131.68 $2,487.74 $253.86 $507.68 $253.86 $761.56 $330.78 $4,595.48 $47.89 $47.89 $6,975.23 CITY OF MENDOTA HEIGHTS Claims List SYSTEM CHECKS 11/18/14 PAY Account Comments DEPT Descr page 62 11/13/14 10:02 AM Page 1 Amount Search Name 4 PAWS ANIMAL CONTROL LLC G 01-2035 OCT 2014 ANIMAL CONTROL E 01-4225-800-90 OCT 2014 ANIMAL CONTROL Search Name 4 PAWS ANIMAL CONTROL LLC Search Name ADVANTAGE SIGNS & GRAPHICS E 01-4420-050-50 S 1 REET SIGNS MATERIALS Search Name ADVANTAGE SIGNS & GRAPHICS Search Name ALL CITY ELEVATOR, INC. E 08-4335-000-00 NOV 2014 CONTRACT - CITY HALL Search Name ALL CITY ELEVATOR, INC. Search Name ALLEGRA PRINT & IMAGING E 01-4480-110-10 E 01-4300-020-20 E 01-4300-110-10 E 01-4300-070-70 E 01-4300-040-40 E 01-4300-080-80 E 05-4300-105-15 LINE OF DUTY DEATH EXPENSE BUSINESS CARDS - PD ENVELOPES ENVELOPES ENVELOPES ENVELOPES ENVELOPES E 15-4300-060-60 ENVELOPES Search Name ALLEGRA PRINT & IMAGING Search Name AMERICAN FLEET SUPPLY E 01-4330-440-20 EQUIPMENT REPAIR PARTS - PD Search Name AMERICAN FLEET SUPPLY Search Name ANCOM COMM INC E 01-4330-450-30 Search Name ANCOM COMM INC RADIO EQUIPMENT - FIRE DEPT Search Name ARBOR HILL TREE FARM E 27-4460-788-00 VICTORIA RD PROJECT WORK Search Name ARBOR HILL TREE FARM Search Name ARROW MOWER INC. E 01-4330-460-30 E 08-4335-000-00 Search Name ARROW MOWER INC. EQUIPMENT MAINT. PARTS - FIRE DEPT EQUIPMENT MAINT. PARTS - CITY HALL Search Name BESSER WELDING & FABRICATION E 01-4305-050-50 SHOP MATERIALS E 01-4305-070-70 SHOP MATERIALS E 15-4305-060-60 SHOP MATERIALS E 01-4620-070-70 HOCKEY RINK MATERIALS Search Name BESSER WELDING & FABRICATION Search Name BOLAND, JOHN E 15-4415-060-60 Search Name BOLAND, JOHN Search Name BOUND TREE MEDICAL LLC E 01-4330-460-30 AEDs AND SUPPLIES MILEAGE REIMB. - J. BOLAND Animal Control Road & Bridges Spec Fds Administration Police Administration Parks & Recreation Code Enforcement/Inspe Planning Engineering Enterprise Utility Enterprise Police Fire Spec Fds Fire Spec Fds Road & Bridges Parks & Recreation Utility Enterprise Parks & Recreation Utility Enterprise Fire -$20.63 $521.63 $501.00 $1,132.12 $1,132.12 $153.00 $153.00 $1,988.55 $187.99 $79.93 $59.95 $59.95 $79.93 $79.93 $39.97 $2,576.20 $42.95 $42.95 $146.50 $146.50 $3,265.00 $3,265.00 $28.16 $35.50 $63.66 $42.57 $42.56 $42.56 $2,450.00 $2,577.69 $84.00 $84.00 $3,782.84 CITY OF MENDOTA HEIGHTS Claims List SYSTEM CHECKS 11/18/14 PAY page 63 11/13/14 10:02 AM Page 2 Account Comments DEPT Descr Amount Search Name BOUND TREE MEDICAL LLC $3,782.84 Search Name BOYER TRUCK PARTS E 15-4330-490-60 E 15-4330-490-60 Search Name BOYER TRUCK PARTS Search Name BUNKER PARK STABLE E 01-4435-200-70 Search Name BUNKER PARK STABLE EQUIPMENT REPAIR PARTS - SEWER EQUIPMENT REPAIR PARTS - SEWER FIELD TRIP EXPENSE Utility Enterprise Utility Enterprise $23.87 $27.68 $51.55 Parks & Recreation $858.00 Search Name C. DARLENE OEHLKE, CAP E 01-4220-110-10 11/05/14 CITY COUNCIL MEETING Administration E 01-4220-080-80 10/28/14 PLANNING COMM. MEETING Planning Search Name C. DARLENE OEHLKE, CAP Search Name CAMELOT CLEANERS E 01-4410-020-20 Search Name CAMELOT CLEANERS UNIFORMS CLEANING - PD $858.00 $64.00 $85.40 $149.40 Police $66.70 $66.70 Search Name CDW GOVERNMENT, INC E 01-4301-114-14 SOFTWARE LICENSES Info Tech $7,933.25 Search Name CDW GOVERNMENT, INC $7,933.25 Search Name CEMSTONE PRODUCTS CO E 29-4337-000-00 CATCH BASIN REPAIRS Spec Fds $364.00 E 29-4337-000-00 CATCH BASIN REPAIRS Spec Fds $268.75 Search Name CEMSTONE PRODUCTS CO $632.75 Search Name 0 SPRAY, INC. E 01-4330-490-70 EQUIPMENT REPAIR PARTS - PARKS Parks & Recreation $74.30 Search Name 0 SPRAY, INC. $74.30 Search Name COMCAST E 45-4210-045-45 NOV 2014 SERVICE - PAR3 Golf Course $193.45 Search Name COMCAST $193.45 Search Name COMMERCIAL ASPHALT E 01-4422-050-50 S1REET MAINT. MATERIALS Road & Bridges $2,614.77 Search Name COMMERCIAL ASPHALT $2,614.77 Search Name CONTINENTAL SAFETY EQ E 01-4305-050-50 SAFETY EQUIPMENT E 01-4305-050-50 SAFETY EQUIPMENT Search Name CONTINENTAL SAFETY EQ Search Name COOL AIR MECHANICAL, INC. E 08-4335-000-00 HVAC REPAIRS - CITY HALL Spec Fds Search Name COOL AIR MECHANICAL, INC. Road & Bridges Road & Bridges Search Name CRAIG RAPP, LLC E 01-4400-110-10 2014 MEMBERSHIP Administration Search Name CRAIG RAPP, LLC Search Name CRAWFORD DOOR E 01-4335-315-30 UFT GATE REPAIRS - FIRE HALL Fire -$44.00 $154.28 $110.28 $371.25 $371.25 $600.00 $600.00 $172.50 CITY OF MENDOTA HEIGHTS Claims List SYSTEM CHECKS 11/18/14 PAY page 64 11/13/14 10:02 AM Page 3 Account Comments DEPT Descr Amount Search Name CRAWFORD DOOR $172.50 Search Name DAKOTA COUNTY FINANCIAL SERVIC E 07-4220-000-00 EMERGENCY OPS PLAN Spec Fds $5,005.00 E 01-4223-020-20 2014 RMS NAINTENANCE Police $13,824.33 E 01-4223-020-20 2014 C7IIN FEE Police $9,238.19 Search Name DAKOTA COUNTY FINANCIAL SERVIC $28,067.52 Search Name DIDION CONTRACTING E 29-4337-000-00 STORM SEWER WORK - MARIE/DODD E 29-4337-000-00 STORM SEWER WORK - MH RD Search Name DIDION CONTRACTING Spec Fds Spec Fds Search Name DIESEL COMPONENTS, INC E 15-4330-490-60 EQUIPMENT REPAIR PARTS - SEWER Utility Enterprise E 01-4330-460-30 EQUIPMENT REPAIR PARTS - FIRE DEPT Fire Search Name DIESEL COMPONENTS, INC $27,83435 $19,895.83 $47,730.18 $365.37 $60.12 $425.49 Search Name ECKBERG LAMMERS E 01-4220-120-20 OCT 2014 LEGAL SERVICES Police $450.00 E 01-4220-120-12 OCT 2014 LEGAL SERVICES Elections $75.00 E 01-4481-110-10 OCT 2014 LEGAL SERVICES Administration $105.00 E 01-4221-120-10 OCT 2014 LEGAL SERVICES - COUNCIL MTG Administration $200.00 E 01-4220-120-10 OCT 2014 LEGAL SERVICES Administration $300.60 E 01-4220-120-80 OCT 2014 LEGAL SERVICES Planning $1,162.50 Search Name ECKBERG LAMMERS $2,293.10 Search Name EVEREST EMERGENCY VEHICLES INC E 01-4330-440-20 EQUIPMENT REPAIR PARTS - PD Police $113.54 Search Name EVEREST EMERGENCY VEHICLES INC $113.54 Search Name FASTENAL INDUSTRIAL & CONSTR E 01-4305-050-50 OPERATING SUPPLIES - STREETS Road & Bridges $8.43 Search Name FASTENAL INDUSTRIAL & CONSTR $8.43 Search Name FIRE EQUIPMENT SPECIALTIES E 01-4305-155-30 PROTECTIVE GEAR - FIRE DEPT Fire $191.43 Search Name FIRE EQUIPMENT SPECIALTIES $191.43 Search Name FLUEGEL ELEVATOR E 01-4305-070-70 OPERATING SUPPLIES - PARKS Parks & Recreation $49.00 Search Name FLUEGEL ELEVATOR $49.00 Search Name FRONTIER AG & TURF E 01-4330-490-70 EQUIPMENT MAINT. PARTS - PARKS Parks & Recreation $75.57 Search Name FRONTIER AG & TURF $75.57 Search Name GOLDENSTEIN, SCOTT E 01-4490-109-09 BON FIRE SUPPLIES City Council $86.56 Search Name GOLDENSTEIN, SCOTT $86.56 Search Name GOPHER STATE ONE CALL E 01-4210-040-40 OCT 2014 SERVICE Code Enforcement/Inspe $529.55 Search Name GOPHER STATE ONE CALL $529.55 Search Name GRAINGER Account CITY OF MENDOTA HEIGHTS Claims List SYSTEM CHECKS 11/18/14 PAY Comments DEPT Descr page 65 11113/14 10:02 AM Page 4 Amount E 01-4330-490-70 Search Name GRAINGER EQUIPMENT REPAIR PARTS - PARKS Search Name GRANNIS & HAUGE, P.A. E 01-4222-120-20 OCT 2014 LEGAL SERVICES Search Name GRANNIS & HAUGE, P.A. Search Name GRAYBAR ELECTRIC E 08-4620-000-00 Search Name GRAYBAR ELECTRIC Search Name HANCO CORPORATION E 01-4330-490-70 E 01-4330-460-30 E 01-4330-490-70 E 01-4330-460-30 Search Name HANCO CORPORATION Search Name HOSE INC E 01-4330-490-70 Search Name HOSE INC Search Name I S D 197 E 01-4490-640-12 Search Name I S D 197 HEAT CABLE INSTALL - CITY HALL EQUIPMENT REPAIR PARTS - PARKS EQUIPMENT REPAIR PARTS - FIRE DEPT EQUIPMENT REPAIR PARTS - PARKS EQUIPMENT REPAIR PARTS - FIRE DEPT EQUIPMENT REPAIR PARTS - PARKS ELECTION MEALS Search Name INDEPENDENT BLACK DIRT CO E 29-4337-000-00 E 29-4337-000-00 E 29-4337-000-00 DIRT REMOVAL - STORM SEWER DIRT REMOVAL - STORM SEWER DIRT REMOVAL - STORM SEWER Search Name INDEPENDENT BLACK DIRT CO Search Name INNOVATIVE OFFICE SOLUTIONS E 01-4300-020-20 E 01-4300-020-20 E 01-4300-020-20 E 01-4300-020-20 E 01-4300-640-12 E 05-4300-105-15 E 05-4300-105-15 E 01-4300-640-12 OFFICE SUPPLIES - PD OFFICE SUPPLIES - PD OFFICE SUPPLIES - PD OFFICE SUPPLIES - PD OFFICE SUPPLIES - ELECTIONS OFFICE SUPPLIES - ENGINEERING OFFICE SUPPLIES - ENGINEERING OFFICE SUPPLIES - ELECTIONS Search Name INNOVATIVE OFFICE SOLUTIONS Search Name INTERSTATE BATTERY SYSTEM E 01-4330-440-20 BATTERY - PD Search Name INTERSTATE BATTERY SYSTEM Search Name IRON MOUNTAIN RECORDS MGMT E 01-4490-110-10 OCT 2014 SHREDDING E 01-4490-020-20 OCT 2014 SHREDDING Search Name IRON MOUNTAIN RECORDS MGMT Search Name J.P. COOKE CO. E 01-4490-090-90 Search Name J.P. COOKE CO. DOG LICENSE TAGS Parks & Recreation Police Spec Fds Parks & Recreation Fire Parks & Recreation Fire Parks & Recreation Elections Spec Fds Spec Fds Spec Fds Police Police Police Police Elections Engineering Enterprise Engineering Enterprise Elections Police Administration Police $25.90 $25.90 $5,356.00 $5,356.00 $8,706.57 $8,706.57 $255.73 $4.40 $447.01 $13.36 $720.50 $14.60 $14.60 $735.75 $735.75 $90.00 $90.00 $90.00 $270.00 -$45.31 $9.87 $81.59 $6.14 $16.55 $7.10 $289.24 $68.14 $433.32 $109.95 $109.95 $11.32 $33.96 $45.28 Animal Control $68.72 $68.72 Account CITY OF MENDOTA HEIGHTS Claims List SYSTEM CHECKS 11/18/14 PAY Comments DEPT Descr page 66 11/13/14 10:02 AM Page 5 Amount Search Name JOE BECKER CONSTRUCTION LLC E 01-4620-070-70 MARIE AVE HOCKEY RINK Search Name JOE BECKER CONSTRUL i ION LLC Parks & Recreation Search Name JOHN HENRY FOSTER MINNESOTA E 01-4330-490-50 EQUIPMENT REPAIR PARTS - STREETS Road & Bridges Search Name JOHN HENRY FOSTER MINNESOTA Search Name LEITNER CO E 01-4330-215-70 E 01-4330-215-70 Search Name LEITNER CO SOIL MIX - PARKS SOIL MIX - PARKS Search Name LILLIE SUBURBAN NEWS E 01-4240-080-80 PLANNING NOTICES E 01-4240-640-12 ELECTION NOTICES Search Name LILLIE SUBURBAN NEWS Search Name LUBE -TECH E 01-4305-050-50 E 01-4305-070-70 Search Name LUBE -TECH DRUM RETURN DRUM RETURN Search Name M T I DISTRIBUTING COMPANY E 01-4330-490-70 EQUIPMENT REPAIR PARTS - PARKS Search Name M T I DISTRIBUTING COMPANY Search Name MANSFIELD OIL COMPANY G 01-1210 FUEL - GASOLINE G 01-1210 FUEL - DIESEL Search Name MANSFIELD OIL COMPANY Search Name MARKS TOWING E 01-4330-490-50 Search Name MARKS TOWING Search Name MAUER CHEVROLET E 01-4330-490-50 Search Name MAUER CHEVROLET Search Name MAZZITELLO, JOHN E 05-4415-105-15 Search Name MAZZITELLO, JOHN Search Name MENARDS E 08-4335-000-00 E 01-4620-070-70 E 01-4620-070-70 E 27-4460-788-00 E 15-4330-490-60 Search Name MENARDS Search Name METRO SALES E 01-4300-110-10 Search Name METRO SALES TOWING - STREETS EQUIPMENT REPAIR PARTS - STREETS MILEAGE REIMB. - J. MAZZITELLO REPAIR SUPPLIES - CITY HALL MARIE AVE HOCKEY RINK MATERIALS MARIE AVE HOCKEY RINK MATERIALS VICTORIA RD PROJECT SUPPLIES EQUIPMENT REPAIR PARTS - SEWER PRINTER CARTRIGES - ADMIN Parks & Recreation Parks & Recreation Planning Elections Road & Bridges Parks & Recreation Parks & Recreation Road & Bridges Road & Bridges Engineering Enterprise Spec Fds Parks & Recreation Parks & Recreation Spec Fds Utility Enterprise Administration $11,500.00 $11,500.00 $87.80 $87.80 $1,054.90 $1,054.90 $2,109.80 $133.00 $246.26 $379.26 $12.50 $12.50 $25.00 $119.94 $119.94 $8,667.06 $7,027.24 $15,694.30 $217.80 $217.80 $36.00 $36.00 $89.60 $89.60 $77.71 $5,919.45 -$1,069.40 $1.87 $108.52 $5,038.15 $370.34 $370.34 Account CITY OF MENDOTA HEIGHTS Claims List SYSTEM CHECKS 11/18/14 PAY Comments DEPT Descr page 67 11/13/14 10:02 AM Page 6 Amount Search Name MID NORTHERN SERVICES E 01-4335-310-70 E 15-4335-310-60 E 01-4335-310-50 LIGHTING REPAIRS - PW LIGHTING REPAIRS - PW LIGHTING REPAIRS - PW Search Name MID NORTHERN SERVICES Search Name MN CONWAY E 01-4335-310-70 E 15-4335-310-60 E 01-4335-310-50 Search Name MN CONWAY FIRE EXT. SERVICE - PW FIRE EXT. SERVICE - PW FIRE EXT. SERVICE - PW Search Name MN DEPT OF TRSPT E 01-4422-050-50 PLANT INSPECTIONS Search Name MN DEPT OF TRSPT Search Name MN TEAMSTERS LOCAL 320 G 01-2075 NOV 2014 UNION DUES Search Name MN TEAMSTERS LOCAL 320 Search Name MN VISITING NURSE AGENCY E 01-4220-020-20 FLU CLINIC Search Name MN VISITING NURSE AGENCY Search Name MPGMA E 45-4490-045-45 ANNUAL MEETING - S. WALLGREN Search Name MPGMA Search Name Nl1 11 SANITATION INC E 45-4280-045-45 RUBBISH & RECYCLING - PAR3 Search Name NTLI SANITATION INC Search Name OREILLY AUTO/FIRST CALL E 15-4330-490-60 EQUIPMENT REPAIR PARTS - SHOP E 01-4330-490-70 EQUIPMENT REPAIR PARTS - SEWER E 15-4330-490-60 EQUIPMENT REPAIR PARTS - SEWER E 15-4330-490-60 EQUIPMENT REPAIR PARTS - SEWER E 01-4330-490-70 EQUIPMENT REPAIR PARTS - SHOP E 01-4330-490-50 EQUIPMENT REPAIR PARTS - SHOP E 01-4330-490-70 EQUIPMENT REPAIR PARTS - PARKS E 15-4330-490-60 EQUIPMENT REPAIR PARTS - SEWER Search Name OREILLY AUTO/FIRST CALL Search Name OXYGEN SERVICE CO E 01-4200-610-50 E 01-4200-610-70 E 15-4200-610-60 E 01-4305-050-50 E 01-4305-070-70 E 15-4305-060-60 Search Name OXYGEN SERVICE CO Search Name PAC E 29-4337-000-00 CYLINDER RENT - PW CYLINDER RENT - PW CYLINDER RENT - PW OPERATING SUPPLIES - SHOP OPERATING SUPPLIES - SHOP OPERATING SUPPLIES - SEWER STORM SEWER REPAIRS - CALAHAN Parks & Recreation Utility Enterprise Road & Bridges Parks & Recreation Utility Enterprise Road & Bridges Road & Bridges Police Golf Course Golf Course Utility Enterprise Parks & Recreation Utility Enterprise Utility Enterprise Parks & Recreation Road & Bridges Parks & Recreation Utility Enterprise Road & Bridges Parks & Recreation Utility Enterprise Road & Bridges Parks & Recreation Utility Enterprise Spec Fds $90.00 $90.00 $90.00 $270.00 $20.50 $20.49 $20.50 $61.49 $200.08 $200.08 $614.00 $614.00 $30.00 $30.00 $25.00 $25.00 $67.07 $67.07 $63.78 $6.58 -$12.04 -$48.75 $63.78 $63.79 $14.48 $81.03 $232.65 $26.87 $26.87 $26.86 $27.24 $27.24 $33.20 $168.28 $2,900.00 Account CITY OF MENDOTA HEIGHTS Claims List SYSTEM CHECKS 11/18/14 PAY Comments DEPT Descr page 68 11/13/14 10:02 AM Page 7 Amount E 01-4500-050-50 E 29-4337-000-00 E 29-4337-000-00 E 29-4337-000-00 Search Name PAC Search Name PATRIOT DIAMOND INC E 01-4305-050-50 Search Name PATRIOT DIAMOND INC Search Name PETERBILT NORTH E 01-4330-490-70 E 01-4330-490-70 E 01-4330-490-70 E 01-4330-490-70 E 01-4330-490-70 Search Name PETERBILT NORTH Search Name PORTZ, PAUL E 01-4490-080-80 Search Name PORTZ, PAUL Search Name ROOSTERS E 01-4490-109-09 Search Name ROOSTERS Search Name RUZEK, RYAN E 01-4490-640-12 E 27-4460-788-00 Search Name RUZEK, RYAN Search Name SAFE -FAST, INC. E 01-4305-070-70 E 01-4305-050-50 E 15-4305-060-60 E 01-4305-050-50 E 01-4305-070-70 E 01-4305-070-70 Search Name SAFE -FAST, INC. Search Name SAM S CLUB E 01-4435-200-70 E 01-4435-200-70 Search Name SAM S CLUB Search Name SELECT ACCOUNT E 01-4220-070-70 E 15-4220-060-60 E 01-4220-080-80 E 01-4220-050-50 E 01-4220-020-20 E 01-4220-110-10 E 05-4220-105-15 Search Name SELECT ACCOUNT TREE REMOVAL STORM SEWER REPAIRS -WESLEY LN STORM SEWER REPAIRS - APACHE CT STORM SEWER REPAIRS - WAGON WHL TR OPERATING SUPPLIES - STREETS EQUIPMENT REPAIR PARTS - PARKS EQUIPMENT REPAIR PARTS - PARKS EQUIPMENT REPAIR PARTS - PARKS EQUIPMENT REPAIR PARTS - PARKS EQUIPMENT REPAIR PARTS - PARKS PARKING REIMB. - P. PORTZ BONFIRE SUPPLIES TRAILER RENTAL - ELECTIONS EQUIPMENT RENTAL - VICTORIA RD CLOTHING/EQUIMPENT - PW CLOTHING/EQUIMPENT - PW CLOTHING/EQUIMPENT - PW CLOTHING/EQUIMPENT - PW CLOTHING/EQUIMPENT - PW CLOTHING/EQUIMPENT - PW FIELD TRIP SUPPLIES FIELD TRIP SUPPLIES NOV 2014 HSA PARTICIPANT FEE NOV 2014 HSA PARTICIPANT FEE NOV 2014 HSA PARTICIPANT FEE NOV 2014 HSA PARTICIPANT FEE NOV 2014 HSA PARTICIPANT FEE NOV 2014 HSA PARTICIPANT FEE NOV 2014 HSA PARTICIPANT FEE Road & Bridges Spec Fds Spec Fds Spec Fds Road & Bridges Parks & Recreation Parks & Recreation Parks & Recreation Parks & Recreation Parks & Recreation Planning City Council Elections Spec Fds Parks & Recreation Road & Bridges Utility Enterprise Road & Bridges Parks & Recreation Parks & Recreation Parks & Recreation Parks & Recreation Parks & Recreation Utility Enterprise Planning Road & Bridges Police Administration Engineering Enterprise $600.00 $1,141.38 $3,300.00 $1,100.00 $9,041.38 $318.00 $318.00 $17.28 -$17.28 $8.10 $10.82 $11.80 $30.72 $24.00 $24.00 $562.74 $562.74 $100.00 $58.56 $158.56 $84.00 $49.95 $49.95 $34.95 $54.95 $49.95 $323.75 $54.79 $10.53 $6532 $1.20 $2.11 $2.11 $2.40 $15.64 $12.04 $5.42 $40.92 Account CITY OF MENDOTA HEIGHTS Claims List SYSTEM CHECKS 11/18/14 PAY Comments DEPT Descr page 69 11/13/14 10:02 AM Page 8 Amount Search Name SMITH, LORRI E 014490-640-12 Search Name SMITH, LORRI ELECTION SUPPLIES Search Name SOUTH ST PAUL, CITY OF E 01-4435-200-70 FIELD TRIPS Search Name SOUTH ST PAUL, CITY OF Search Name SPRWS E 01-4425-310-50 E 01-4425-310-70 E 15-4425-310-60 E 08-4425-000-00 Search Name SPRWS Search Name STREICHERS E 01-4306-020-20 E 01-4306-020-20 E 01-4306-020-20 E 01-4306-020-20 E 01-4306-020-20 E 01-4410-020-20 E 01-4410-020-20 Search Name STREICHERS Search Name TOTAL CONSTRUCTION E 01-4200-610-70 Search Name TOTAL CONSTRUCTION Search Name TRI STATE BOBCAT E 01-4330-490-50 E 01-4330-490-50 Search Name TRI STATE BOBCAT OCT 2014 SERVICE - PW OCT 2014 SERVICE - PW OCT 2014 SERVICE - PW OCT 2014 SERVICE - CITY HALL EQUIPMENT - R. NELSON EQUIPMENT - R. NELSON UNIFORM - R. NELSON UNIFORM - R. NELSON EQUIPMENT - R. NELSON EQUIPMENT - E. PETERSEN UNIFORM - E. PETERSEN COMPRESSOR RENTAL EQUIPMENT REPAIR PARTS - STREETS EQUIPMENT REPAIR PARTS - STREETS Search Name TWIN CITY REFUSE & RECYCLING E 45-4280-045-45 RUBBISH REMOVAL - PAR3 Search Name TWIN CITY REFUSE & RECYCLING Search Name UNIFORMS UNLIMITED E 01-4410-020-20 E 01-4410-020-20 E 01-4410-020-20 E 01-4306-020-20 E 01-4410-020-20 Search Name UNIFORMS UNLIMITED UNIFORM - P. FLEMING UNIFORM - P. FLEMING EQUIPMENT - E. PETERSON UNIFORM - R. NELSON UNIFORM & EQUIPMENT- P. FLEMING Search Name UNIVERSITY OF MINNESOTA E 05-4400-105-15 CONF. REGISTRATION Search Name UNIVERSITY OF MINNESOTA Search Name WASTE MANAGEMENT E 01-4280-310-50 E 01-4280-310-70 E 15-4280-310-60 OCT 2014 SERVICE - PW OCT 2014 SERVICE - PW OCT 2014 SERVICE - PW Elections Parks & Recreation Road & Bridges Parks & Recreation Utility Enterprise Spec Fds Police Police Police Police Police Police Police Parks & Recreation Road & Bridges Road & Bridges Golf Course Police Police Police Police Police Engineering Enterprise Road & Bridges Parks & Recreation Utility Enterprise $135.30 $135.30 $434.82 $434.82 $12.76 $12.75 $12.75 $247.27 $285.53 $29.99 $1,055.00 $52.99 $74.99 $149.99 $303.95 $57.96 $1,724.87 $325.00 $325.00 $31.69 $13.00 $44.69 $75.00 $75.00 $120.48 -$212.98 $127.25 $85.50 $412.97 $533.22 $245.00 $245.00 $278.49 $278.49 $278.48 CITY OF MENDOTA HEIGHTS Claims List SYSTEM CHECKS 11/18/14 PAY page 70 11/13/14 10:02 AM Page 9 Account Comments DEPT Descr Amount E 08-4280-000-00 OCT 2014 SERVICE - CITY HALL Spec Fds $180.79 Search Name WASTE MANAGEMENT $1,016.25 Search Name WERNER ELECTRIC SUPPLY E 01-4335-315-30 BLDG MAINT SUPPLIES - FIRE HALL Fire $135.63 Search Name WERNER ELECTRIC SUPPLY $135.63 Search Name YALE MECHANICAL E 01-4335-315-30 FALL MAINTENANCE - FIRE HALL Fire $1,077.56 Search Name YALE MECHANICAL $1,077.56 Search Name ZIEGLER INC E 01-4330-490-50 EQUIPMENT REPAIR PARTS - STREETS Road & Bridges $556.01 Search Name ZIEGLER INC $556.01 $178,700.95 CITY OF MENDOTA HEIGHTS TREASURER'S REPORT OCTOBER 2014 NOV American Bank Checking Account .02% Savings Account .02% Collateral - Bonds Gov't. Guar. Investments BALANCE COLLATERAL $62,145.20 $640.40 $62,785.60 $1.100.00000 $250,000.00 Cost PV Saving Cert 7/28/ 4 @0.15% Cherokee $13.952.59 $13.952.58 FHLB 1.009603/27/2O $350.000.00 $349.90E50 FHLMC 1.25% 03/26/21 $300.000.0O $300.033.00 FHLB 1.259613/14/22 $510.000.00 $610.045.90 FHLB 1.00% 12/28/22 $700.000.00 $609.363.00 FHLB 1.25% 02/22/23 $260.000.00 $259.997.40 FHLB 1.25% 03/27/23 $355.000.00 $254.831.70 FHLB 1.125% 06/20/23 $1.750.000.00 $1.722.175.00 Goldman Sachs Bank 1.6096 12/08/14 $245.000.00 $245.220.50 GE Capital Financial Inc 2.05% 11/4/16 $246.000.00 $248.185.00 American Express Cent Bank 2.05% 12/1/16 $245.000.00 $248.184.80 GE Capital Retail Bank 2.00% 7/6/18 $200.000.00 $202.268.00 Sallie Mae Bank 2.O5OY611/2O/1O $245.000.00 $245.634.55 BMW Bank 2.00% 12/11/18 $245,000.00 $246.136.80 World's Foremost Bank 2.00% 08/13/19 $200.000.00 $187.738.00 Fidelity lnstitutional Government Portfolio (Piper) $1.306.933.49 $1.306.033.49 Gov't. Securities Fund 28% Sold 6/4 $433.187.00 $1.031.000.00 MMkt Fd (WF) $314.336.38 TOTAL FUNDS AVAILABLE 1031M4 Funds Available 1/1/2014 Rates Money Market October Bank 0.0296 5Yr. Tr. 1.62Y6 10 Yr. Tr. 2.35% $7881.19506 page 71 page 72 2014 Licensing List for City Council Type Contractor Name General HVAC Dalco Roofing & Sheet Metal Triumph Builders, LLC Cashion HVAC Services, Inc Erickson Plumbing, Heating & Cooling, Inc Kramer Mechanical Plumbing (Si. Heating Sun Ray Plumbing (Sc. Heating, Inc Thursday, November 13, 2014 Page 1 of 1 DATE: TO: FROM: SUBJECT: CITY OF MENDOTA HEIGHTS page 73 1101 Victoria Curve I Mendota Heights, MN 55118 651.452.1850 phone 1651.452.8940 fax www.mendota-heights.com November 18, 2014 Mayor, City Council and City Administrator John R. Mazzitello, PE, PMP, MBA Public Works Director/City Engineer Public Hearing — Vacation of Part of Partition Road Right -of -Way BACKGROUND A Mendota Heights resident that lives on Spring Street has requested the vacation of a portion of Partition Road, an undeveloped City right-of-way, in the Kirchner Addition plat. He has submitted his petition with the required amount of signatures consisting of a majority of the abutting property owners. The Kirchner Addition plat was signed and recorded in 1944. Staff has researched the undeveloped, platted, half -street right-of-way that exists east of Ivy Hill Drive, southeast of Spring Street and northwest of Dodd Road. This half -street right-of-way runs between Butler Avenue and Dodd Road. The portion proposed to be vacated is 30 -feet wide and is currently utilized by two residents as part of their respective yards. The part proposed for vacation is the northeasterly 30 feet of right-of-way identified as Partition Road, part of the Kirchner Addition Plat, between Spring Street and Dodd Road. The City has no utilities located within the right-of-way proposed for vacation. In order for the City to vacate a right-of-way, a public hearing must be conducted. At the October 21st City Council meeting, Council passed Resolution 2014-70 calling for a Public Hearing on the right-of-way vacation for this evening. All property owners directly abutting the right-of-way in question, as well as all property owners that are part of the Kirchner Addition plat, were notified of the public hearing by mailed notice, and notice of the Public Hearing was published for the required period of time. BUDGET IMPACT Other than the staff time to process the vacation, there is no impact to the city budget. RECOMMENDATION Staff recommends that the City Council hold the Public Hearing on the vacation of the Partition Road Right -of -Way. Once the Public Hearing is completed and closed, staff recommends Council vacate the Partition Road Right -of -Way by passing a motion adopting Resolution No. 2014-73, RESOLUTION VACATNG A (PORTION OF) STREET UPON A PETITION OF A MAJORITY OF ABUTTING LANDOWNERS. This action would require a simple majority vote. page 74 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION NO. 2014-73 RESOLUTION VACATNG A (PORTION OF) STREET UPON A PETITION OF A MAJORITY OF ABUTTING LANDOWNERS WHEREAS, a petition signed by the majority of property owners abutting Partition Road (a portion thereof) in Mendota Heights was received by the City clerk on the 16th day of October 2014; and WHEREAS, the petition requested by the City Council pursuant to Minnesota Statute §412.851 to vacate Partition Road (a portion thereof) between Spring Street and Dodd Road legally described as: The northeasterly 30 feet of right-of-way identified as Partition Road, part of the Kirchner Addition plat, between Spring Street and Dodd Road. WHEREAS, the City Clerk has reviewed and examined the signatures on said petition and determined that such signatures constituted a majority of the landowners abutting upon the portion of street to be vacated; and WHEREAS, City staff has reviewed the right-of-way for current and future potential uses by the City and determined that there are no current uses and no apparent future uses of the right-of-way by the City; and WHEREAS, a public hearing to consider the vacation of such street was held on the 18th day of November, 2014, before the City Council in the City Hall located at 1101 Victoria Curve at 7:00 pm after due published and posted notice had been given, as well as personal mailed notice to all affected property owners by the City Clerk on the 18th day of November, 2014 and all interested and affected persons were given proper notice and an opportunity to voice their concerns and be heard; and WHEREAS, any person, corporation or public body owning or controlling easements contained upon the property vacated, reserves the right to continue maintaining the same or to enter upon such way or portion thereof vacated to maintain, repair, replace or otherwise attend thereto; and WHEREAS, the City Council in its discretion has determined that the vacation will benefit the public interest because it is not detrimental to the health, safety and welfare of the community NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MENDOTA HEIGHTS, COUNTY OF DAKOTA, MINNESOTA, that such petition for vacation is hereby granted and the (portion of) street described as follows is hereby vacated: page 75 The northeasterly 30 feet of right-of-way identified as Partition Road, part of the Kirchner Addition plat, between Spring Street and Dodd Road. BE IT FURTHER RESOLVED, that the Mayor and City Clerk are hereby authorized to sign all documents necessary to effectuate the intent of this resolution. Adopted by the City Council of the City of Mendota Heights this 18th day of November, 2014. CITY COUNCIL CITY OF MENODTA HEIGHTS BY ATTEST Sandra Krebsbach, Mayor BY Lorri Smith, City Clerk page 76 Dakota County, MN Disclaimer: Map and parcel data are believed to be accurate, but accuracy is not guaranteed. This is not a legal document and should not be substituted for a title search,appraisal, survey, or for zoning verification. Dakota County assumes no legal responsibility for the information contained in this data. Map Scae 1 inch = 107 feet 10/14/2014 mCITY OF MENDOTA HEIGHTS page 77 1101 Victoria Curve 1 Mendota Heights, MN 55118 651.452.1950 phone 1651.452.9940 fax www.mendota•hei g hts.com DATE: November 18, 2014 TO: Mayor, City Council and City Administrator FROM: Ryan Ruzek, PE, Assistant City Engineer SUBJECT: Required Annual Meeting for NPDES Phase II Storm Water Permit for Municipal Separate Storm Sewer System (MS4) Discussion The National Pollution Discharge Elimination System (NPDES) program is a federally mandated program established by the Environmental Protection Agency (EPA) to implement and maintain pollution prevention practices for storm water discharges by permits issued to regulated entities by the federal authority granted under this program. Storm water discharges associated with MS4s are regulated by these NPDES permits. Mendota Heights, as an MS4 owner, was required to develop a Storm Water Pollution Prevention Program (SWPPP) that incorporates best management practices that reduce pollutant discharges. The SWPPP was developed in 2003. In 2006 the City adopted the Local Surface Water Management Plan (LSWMP) that outlined how the requirements of our SWPPP are to be met and established requirements for land disturbing activities. There are six required components in each SWPPP, termed "minimum control measures" for each permit authorizing storm water discharges under the NPDES program: 1. Public Education and Outreach 2. Public Participation/Involvement 3. Illicit Discharge Detection and Elimination 4. Construction Site Runoff and Control 5. Post -Construction Runoff Control 6. Pollution Prevention/Good Housekeeping As part of our SWPPP and LSWMP, the City has adopted various "best management practices" to address the six components listed above. These practices include: 1. Public Education and Outreach — Including articles in the Heights Highlights, brochures in the lobby and city website, providing information and guidance as part of the City Building Permit Program, and conducting "Blue Thumb" seminars in conjunction with local Watershed Management Organizations (WMO) and Dakota County Soil and Water Conservation District. In addition, local cable has run a "Keep it Clean" video multiple times on local cable access channels. page 78 2. Public Participation/Involvement — Providing avenues for storm water complaints and concerns (e-mail contact), active participation in the Lower Mississippi River WMO. 3. Illicit Discharge Detection and Elimination — Inspection of storm water outfalls, ponds, and wetlands and participation in the Dakota County Wetland Health Evaluation Program (WHEP). Passing of the Storm water Ordinance (2009), Citizen Assisted Monitoring Program (CAMP). 4. Construction Site Runoff and Control — Passing of a Storm water Ordinance (2009) and establishment of land disturbance activity regulatory requirements. Establishing a storm water permit as part of the Building Permit process (by Ordinance). 5. Post -Construction Runoff Control — Construction of rain gardens on Hunter Lane, passing of the Storm water Ordinance (2009), and reviewing building permit and development applications for compliance with established requirements. 6. Pollution Prevention/Good Housekeeping — mapping of the City storm sewer system, annual cleaning of sump manholes, annual inspection of storm water discharge points, and stream bank stabilization projects, initiating a pond management program. The MPCA has recently adopted a second generation storm water permit for MS4's. Mendota Heights is required to be compliant with the new permit by April 17, 2015. The new permit will require the city to update its SWPPP, LSWMP as well as local ordinances.. Budget Impact None, meeting the goals for the annual permit coverage from the Minnesota Pollution Control Agency are covered separately under the storm water utility. Projects are presented to council individually as required. Recommendation I recommend that the Council preside over the required annual public meeting which will summarize the six minimum required control measures and report on the progress made in meeting the goals identified in the Mendota Heights Storm Water Pollution Prevention Program over the past year, and accept, or convey any input received from the public on this subject. After a brief presentation, the Council should open the hearing for public comment. g 111111111111.h - mCITY OF MENDOTA HEIGHTS page 79 1101 Victoria Curve 1 Mendota Heights, MN 55118 651.452.1850 phone 1651.452.8940 fax www.mendota•hei g hts.com DATE: November 18, 2014 TO: Mayor, City Council, and City Administrator FROM: Ryan Ruzek, PE, Assistant City Engineer SUBJECT: Victoria Road South Improvements — City Council Listening Session BACKGROUND The Public Hearing for the Victoria Road Improvements was held on November 19, 2013. Council was presented with project details, listened to residents' concerns. Council ordered the project and directed staff to proceed with the construction of Victoria Road in two phases. Phase 1 included the reconstruction of Victoria Road from Marie Avenue to Sibley Memorial Highway. Phase 2 is proposed to complete the remaining portion of the Victoria Road project from Marie Avenue to Lexington Avenue. Staff held an informational meeting on November 12, 2014. The meeting was attended by 14 residents representing 12 properties. Concerns of residents were: limiting future parking, amount of proposed assessments and drainage concerns. BUDGET IMPACT The total estimated cost of the project is $1,591,093. PROJECT COSTS ITEM CONSTRUCTION INDIRECT* TOTAL — STREET RECONSTRUCTION $1,014,804 $253,701 $1,268,505 TRAIL $75,771 $18,943 $94,713 STORM SEWER $182,300 $45,575 $227,875 Totals $1,272,875 $318,219 $1,591,093 * Includes 25% indirect costs for legal, engineering, administration, and finance. The Victoria Road South (Phase 2) Improvements are proposed to be financed by special assessments, municipal bonds, municipal state aid (MSA) and utility funds. Funding sources and amounts are shown below: FUNDING SOURCES ITEM page 80 COST ASSESSMENT ESTIMATE MUNICIPAL UTILITY BONDS FUNDS STREET RECONSTRUCTION TRAIL $1,268,505 $335,850 $432,655 MSA FUNDS 500,000 $94,713 STORM SEWER Totals $227,875 $1,591,093 $94,713 $227,875 1 $335,850 $527,368 $227,875 $500,000 • The roadway improvement cost can be assessed on a unit basis to the benefiting properties as per the Street Rehabilitation and Reconstruction Policy adopted by the City council on June 16, 1992. o All single unit homes (SUH) with a driveway located on Victoria Road South between Lexington Avenue and Marie Avenue will be assessed as a street reconstruction per the Street Rehabilitation and Reconstruction Policy for that type of residence. o All units in the multi -unit home (MUH) complex with a main driveway located on Victoria Road South between Lexington Avenue and Marie Avenue will be assessed as a street reconstruction per the Street Rehabilitation and Reconstruction Policy for that type of residence. The estimated unit assessment for this project was determined by calculating the number of lots and dividing them into assessable project costs. The following table shows the estimated unit assessment based on the City policy and proposed unit assessment being recommended by staff. ASSESSMENT CALCULATIONS - STREET RECONSTRUCTION Assessable Costs $1,268,504.64 Assessment $634,252.32 Assessable Units SUH 23 Assessable Units MUH 20 Estimated Unit Assessment per City Policy $14,750.05 Proposed Unit Assessment SUH Proposed Unit Assessment MUH 50% $634,252.15 50% $8,950.00 $205,850.00 16% $6,500.00 $130,000.00 10% The estimated unit assessments for this street reconstruction project are higher than a typical street reconstruction project due to the large lot sizes as well as portions of the road not having assessable parcels. Staff proposes to assess the benefiting properties $8,950/unit for single unit homes and $6,500/unit for multi -unit homes in order to bring the assessment rate closer to previous reconstruction projects. The difference in assessment amounts between SUH and MUH properties is from the results of a pre -construction appraisal report the City commissioned as part of the project development. page 81 The following project schedule outlines an approach to complete the assessable project in 2015: ACTIVITY DATE Accept Feasibility Study/Call for Public Hearing September 17, 2013 Conduct Public Hearing/Accept Project/Order Plans and Specifications November 19, 2013 Hold Informational Meeting November 12, 2014 Conduct City Council Listening Session November 18, 2014 Hold Second Informational Meeting (if necessary) January 2015 Approve Plans and Specifications/Order Advertisements for Bids March 2015 Open Bids April 2015 Accept Bids/Award Contract May 2015 Begin Construction June 2015 Complete Base Course of Bituminous Pavement Fall 2015 Authorize Amount to be Assessed/Schedule Assessment Hearing October 2015 Conduct Assessment Hearing/Adopt Assessment Roll October 2015 Complete Final Wear Course of Bituminous Pavement Fall 2015 RECOMMENDATION Staff recommends that the council conduct the listening session and, if desired, provide staff with direction on project aspects to be included with the reconstruction of Victoria Road from Marie Avenue to Lexington Avenue. page 82 VICTORIA ROAD SOUTH NEIGHBORHOOD IMPROVEMENTS RESIDENT QUESTIONS/COMMENTS CITY PROJECT 201308a NEIGHBORHOOD INFORMATIONAL MEETING WEDNESDAY, NOVEMBER 12, 2014 6:30 P.M. Resident questions and comments made during the Neighborhood Informational Meeting for Victoria Road & Rolling Green. Items are listed in order and an audio file is available upon request or can be found in the following location. X:\2014 Projects\MH2O1308a_Victoria Road South\Design Drawings & Work Product\Presentations & Reports\2014-11- 12 Informational Meeting Questions & Comments: 1. On the turnaround there is an existing curb, will it be replaced? a. Is it necessary? b. Curb seems to be in the good shape 2. In the FAQ's it says that we might not be able to access our driveways for certain amount of time, do you mean that even EMT's would not be able to do it? a. There are a number of handicapped people living in the townhome association complex; does this mean that they could not access their units by car? 3. Is the walkway path going to be in the same place? 4. Resident at 1877 Victoria Road S said that she is delightful that something is being done because the amount of surface water that drains from the street down to the pond is unbearable, especially in early spring with all freeze and thaws the driveway becomes very treacherous. a. Will the pond levels stay the same? 5. Will there be a schedule and enough notice about when the driveways will be closed? a. Will that be in June of 2015? 6. Why the materials presented on this meeting were not available earlier for review? 7. Last years Council meeting said that the water main will be replaced, why did this change? 8. Resident shows the pictures of surmountable curb and ask why this is not an option, because in his opinion it would allow for more parking along the road in case of neighborhood events? 9. Why there is no parking lane on Victoria Road closer to the Lexington Avenue? 10. The neighbor that has a driveway close to the end of curve on Victoria talked about having an issue with people speeding through the curve which lowers his sight time and distance when exiting on to the road? a. Could we use more chevron signs to warn drivers about the curve and to slow them down? page 83 11. North of Marie on the downhill there is no parking lane, how do the residents along there feel about that? 12. Resident is overwhelmed about the height of assessment, and believes that the project is not necessary, and that his taxes are already too high, so why there is need for assessment? 13. How you are going to build this parking lane, the road slants down in that area? 14. With water main not being replaced, how come the project will still last as long as the north side did? 15. In respect to cost and design, can we revise the alignment to have slight curves or reduce the width to slow traffic down? 16. So, in the proposed parking region the road will shift east 5 feet? 17. Are there any new trails being built? 18. Are speed bumps possible? 19. How did the North side budgeting work out? a. Did the project come bellow or above the estimates? au CITY OF MENDOTA HEIGHTS DATE: November 18, 2014 TO: Mayor and City Council FROM: Justin Miller, City Administrator SUBJECT: Gas and Electric Franchise Agreements page 84 1101 Victoria Curve I Mendota Heights, MN 55118 651.452.1850 phone d 651.452.8940 fax www.mendota-heights.com BACKGROUND Xcel Energy provides both gas and electric services within the City of Mendota Heights. Due to their use of city rights-of-way for their distribution lines, poles, pipes, etc., Xcel prefers to have franchise agreements in place that spell out the rights and responsibilities of each party. The city has had franchise agreements in place before, but they have long since expired. The attached agreements were before the city council earlier this year, but were being discussed in context of a franchise fee. When the council decided to delay any franchise fee implementation, the franchise agreements were delayed as well. The ordinances before the council now do not enact a franchise fee, but do preserve the city's right to collect one in the future if the council decides to. Staff has reviewed the franchise ordinances and are comfortable with the terms and conditions, as they simply put in writing current practices. Jake Sedlacek from Xcel Energy will be present at the meeting to answer any questions the council may have. BUDGET IMPACT N/A RECOMMENDATION If council desires, a motion to approve the attached Ordinances 463 and 464 would be in order. Approval of this action requires a majority vote of the city council. page 85 ELECTRIC FRANCHISE ORDINANCE ORDINANCE NO. 463 CITY OF MENDOTA HEIGHTS, DAKOTA COUNTY, MINNESOTA AN ORDINANCE GRANTING TO NORTHERN STATES POWER COMPANY, A MINNESOTA CORPORATION, D/B/A XCEL ENERGY ITS SUCCESSORS AND ASSIGNS, PERMISSION TO CONSTRUCT, OPERATE, REPAIR AND MAINTAIN IN THE CITY OF MENDOTA HEIGHTS, MINNESOTA, AN ELECTRIC DISTRIBUTION SYSTEM AND TRANSMISSION LINES, INCLUDING NECESSARY POLES, LINES, FIXTURES AND APPURTENANCES, FOR THE FURNISHING OF ELECTRIC ENERGY TO THE CITY, ITS INHABITANTS, AND OTHERS, AND TO USE THE PUBLIC GROUNDS AND PUBLIC WAYS OF THE CITY FOR SUCH PURPOSES. THE CITY COUNCIL OF THE CITY OF MENDOTA HEIGHTS, DAKOTA COUNTY, MINNESOTA, ORDAINS: SECTION 1. DEFINITIONS. For purposes of this Ordinance, the following capitalized terms listed in alphabetical order shall have the following meanings: 1.1 City. The City of Mendota Heights, County of Dakota, State of Minnesota. 1.2 City Utility System. Facilities used for providing non -energy related public utility service owned or operated by City or agency thereof, including sewer and water service, but excluding facilities for providing heating, lighting or other forms of energy. 1.3 Commission. The Minnesota Public Utilities Commission, or any successor agency or agencies, including an agency of the federal government, which preempts all, or part of the authority to regulate electric retail rates now vested in the Minnesota Public Utilities Commission. 1.4 Company. Northern States Power Company, a Minnesota corporation, d/b/a Xcel Energy its successors and assigns. 1.5 Electric Facilities. Electric transmission and distribution towers, poles, lines, guys, anchors, conduits, fixtures, and necessary appurtenances owned or operated by Company for the purpose of providing electric energy for public use. 1.6 Notice. A written notice served by one party on the other party referencing one or more provisions of this Ordinance. Notice to Company shall be mailed to the General Counsel, 414 Nicollet Mall, 5th Floor, Minneapolis, MN 55401. Notice to the City shall be mailed to the City Administrator, City Hall, 1101 Victoria Curve, Mendota Heights, MN 55118. Either party may change its respective address for the purpose of this Ordinance by written notice to the other party. 1.7 Public Ground. Land owned by the City for park, open space or similar purpose, which is held for use in common by the public. page 86 1.8 Public Way. Any street, alley, walkway or other public right-of-way within the City. SECTION 2. ADOPTION OF FRANCHISE. 2.1 Grant of Franchise. City hereby grants Company, for a period of 20 years from the date passed and approved by the City, the right to transmit and furnish electric energy for light, heat, power and other purposes for public and private use within and through the limits of the City as its boundaries now exist or as they may be extended in the future. For these purposes, Company may construct, operate, repair and maintain Electric Facilities in, on, over, under and across the Public Grounds and Public Ways of City, subject to the provisions of this Ordinance. Company may do all reasonable things necessary or customary to accomplish these purposes, subject, however, to such reasonable regulations as may be imposed by the City pursuant to ordinance and to the further provisions of this franchise agreement. 2.2 Effective Date; Written Acceptance. This franchise agreement shall be in force and effect from and after passage of this Ordinance, its acceptance by Company, and its publication as required by law. The City by Council resolution may revoke this franchise agreement if Company does not file a written acceptance with the City within 90 days after publication. 2.3 Service and Rates. The service to be provided and the rates to be charged by Company for electric service in City are subject to the jurisdiction of the Commission. The area within the City in which Company may provide electric service is subject to the provisions of Minnesota Statutes, Section 216B.40. 2.4 Publication Expense. The expense of publication of this Ordinance will be paid by City and reimbursed to City by Company. 2.5 Dispute Resolution. If either party asserts that the other party is in default in the performance of any obligation hereunder, the complaining party shall notify the other party of the default and the desired remedy. The notification shall be written. Representatives of the parties must promptly meet and attempt in good faith to negotiate a resolution of the dispute. If the dispute is not resolved within 30 days of the written notice, the parties may jointly select a mediator to facilitate further discussion. The parties will equally share the fees and expenses of this mediator. If a mediator is not used or if the parties are unable to resolve the dispute within 30 days after first meeting with the selected mediator, either party may commence an action in District Court to interpret and enforce this franchise or for such other relief as may be permitted by law or equity for breach of contract, or either party may take any other action permitted by law. SECTION 3. LOCATION, OTHER REGULATIONS. 3.1 Location of Facilities. Electric Facilities shall be located, constructed and maintained so as not to interfere with the safety and convenience of ordinary travel along and over Public Ways and so as not to disrupt normal operation of any City Utility System previously installed therein. Electric Facilities shall be located on Public Grounds as determined by the City. Company's construction, reconstruction, operation, repair, maintenance and location of Electric Facilities shall be subject to permits if required by separate ordinance and to other reasonable regulations of the City to the extent not inconsistent with the terms of this franchise agreement. Company may abandon page 87 underground Electric Facilities in place, provided at the City's request, Company will remove abandoned metal or concrete encased conduit interfering with a City improvement project, but only to the extent such conduit is uncovered by excavation as part of the City improvement project. 3.2 Field Locations. Company shall provide field locations for its underground Electric Facilities within City consistent with the requirements of Minnesota Statutes, Chapter 216D. 3.3 Street Openings. Company shall not open or disturb any Public Ground or Public Way for any purpose without first having obtained a permit from the City, if required by a separate ordinance, for which the City may impose a reasonable fee. Permit conditions imposed on Company shall not be more burdensome than those imposed on other utilities for similar facilities or work. Company may, however, open and disturb any Public Ground or Public Way without permission from the City where an emergency exists requiring the immediate repair of Electric Facilities. In such event Company shall notify the City by telephone to the office designated by the City as soon as practicable. Not later than the second working day thereafter, Company shall obtain any required permits and pay any required fees. 3.4 Restoration. After undertaking any work requiring the opening of any Public Ground or Public Way, Company shall restore the same, including paving and its foundation, to as good a condition as formerly existed, and shall maintain any paved surface in good condition for one year thereafter. The work shall be completed as promptly as weather permits, and if Company shall not promptly perform and complete the work, remove all dirt, rubbish, equipment and material, and put the Public Ground or Public Way in the said condition, the City shall have, after demand to Company to cure and the passage of a reasonable period of time following the demand, but not to exceed five days, the right to make the restoration at the expense of Company. Company shall pay to the City the cost of such work done for or performed by the City. This remedy shall be in addition to any other remedy available to the City for noncompliance with this Section 3.4, but the City hereby waives any requirement for Company to post a construction performance bond, certificate of insurance, letter of credit or any other form of security or assurance that may be required, under a separate existing or future ordinance of the City, of a person or entity obtaining the City's permission to install, replace or maintain facilities in a Public Way. 3.5 Avoid Damage to Electric Facilities. Nothing in this Ordinance relieves any person from liability arising out of the failure to exercise reasonable care to avoid damaging Electric Facilities while performing any activity. 3.6 Notice of Improvements. The City must give Company reasonable notice of plans for improvements to Public Grounds or Public Ways where the City has reason to believe that Electric Facilities may affect or be affected by the improvement. The notice must contain: (i) the nature and character of the improvements, (ii) the Public Grounds and Public Ways upon which the improvements are to be made, (iii) the extent of the improvements, (iv) the time when the City will start the work, and (v) if more than one Public Ground or Public Way is involved, the order in which the work is to proceed. The notice must be given to Company a sufficient length of time in advance of the actual commencement of the work to permit Company to make any necessary additions, alterations or repairs to its Electric Facilities. 3.7 Shared Use of Poles. Company shall make space available on its poles or towers for City fire, water utility, police or other City facilities upon terms and conditions acceptable to Company page 88 whenever such use will not interfere with the use of such poles or towers by Company, by another electric utility, by a telephone utility, or by any cable television company or other form of communication company. In addition, the City shall pay for any added cost incurred by Company because of such use by City. SECTION 4. RELOCATIONS. 4.1 Relocation of Electric Facilities in Public Ways. If the City determines to vacate a Public Way for a City improvement project, or at City's cost to grade, regrade, or change the line of any Public Way, or construct or reconstruct any City Utility System in any Public Way, it may order Company to relocate its Electric Facilities located therein if relocation is reasonably necessary to accomplish the City's proposed public improvement. Except as provided in Section 4.3, Company shall relocate its Electric Facilities at its own expense. The City shall give Company reasonable notice of plans to vacate for a City improvement project, or to grade, regrade, or change the line of any Public Way or to construct or reconstruct any City Utility System. If a relocation is ordered within five years of a prior relocation of the same Electric Facilities, which was made at Company expense, the City shall reimburse Company for non -betterment costs on a time and material basis, provided that if a subsequent relocation is required because of the extension of a City Utility System to a previously unserved area, Company may be required to make the subsequent relocation at its expense. Nothing in this Ordinance requires Company to relocate, remove, replace or reconstruct at its own expense its Electric Facilities where such relocation, removal, replacement or reconstruction is solely for the convenience of the City and is not reasonably necessary for the construction or reconstruction of a Public Way or City Utility System or other City improvement. 4.2 Relocation of Electric Facilities in Public Ground. City may require Company at Company's expense to relocate or remove its Electric Facilities from Public Ground upon a finding by City that the Electric Facilities have become or will become a substantial impairment to the existing or proposed public use of the Public Ground. 4.3 Projects with Federal Funding. City shall not order Company to remove or relocate its Electric Facilities when a Public Way is vacated, improved or realigned for a right-of-way project or any other project which is financially subsidized in whole or in part by the Federal Government or any agency thereof, unless the reasonable non -betterment costs of such relocation are first paid to Company. The City is obligated to pay Company only for those portions of its relocation costs for which City has received federal funding specifically allocated for relocation costs in the amount requested by the Company, which allocated funding the City shall specifically request. Relocation, removal or rearrangement of any Company Electric Facilities made necessary because of a federally - aided highway project shall be governed by the provisions of Minnesota Statutes, Section 161.46, as supplemented or amended. It is understood that the rights herein granted to Company are valuable rights. 4.4 No Waiver. The provisions of this franchise apply only to facilities constructed in reliance on a franchise from the City and shall not be construed to waive or modify any rights obtained by Company for installations within a Company right-of-way acquired by easement or prescriptive right before the applicable Public Ground or Public Way was established, or Company's rights under state or county permit. page 89 SECTION 5. TREE TRIMMING. Company may trim all trees and shrubs in the Public Grounds and Public Ways of City to the extent Company finds necessary to avoid interference with the proper construction, operation, repair and maintenance of any Electric Facilities installed hereunder, provided that Company shall save the City harmless from any liability arising therefrom, and subject to permit or other reasonable regulation by the City. SECTION 6. INDEMNIFICATION. 6.1 Indemnity of City. Company shall indemnify, keep and hold the City free and harmless from any and all liability on account of injury to persons or damage to property occasioned by the construction, maintenance, repair, inspection, the issuance of permits, or the operation of the Electric Facilities located in the Public Grounds and Public Ways. The City shall not be indemnified for losses or claims occasioned through its own negligence except for losses or claims arising out of or alleging the City's negligence as to the issuance of permits for, or inspection of, Company's plans or work. The City shall not be indemnified if the injury or damage results from the performance in a proper manner of acts reasonably deemed hazardous by Company, and such performance is nevertheless ordered or directed by City after notice of Company's determination. 6.2 Defense of City. In the event a suit is brought against the City under circumstances where this agreement to indemnify applies, Company at its sole cost and expense shall defend the City in such suit if written notice thereof is promptly given to Company within a period wherein Company is not prejudiced by lack of such notice. If Company is required to indemnify and defend, it will thereafter have control of such litigation, but Company may not settle such litigation without the consent of the City, which consent shall not be unreasonably withheld. This section is not, as to third parties, a waiver of any defense or immunity otherwise available to the City and Company, in defending any action on behalf of the City shall be entitled to assert in any action every defense or immunity that the City could assert in its own behalf. SECTION 7. VACATION OF PUBLIC WAYS. The City shall give Company at least two weeks prior written notice of a proposed vacation of a Public Way. Except where required for a City improvement project, the vacation of any Public Way, after the installation of Electric Facilities, shall not operate to deprive Company of its rights to operate and maintain such Electric Facilities, until the reasonable cost of relocating the same and the loss and expense resulting from such relocation are first paid to Company. In no case, however, shall City be liable to Company for failure to specifically preserve a right-of-way under Minnesota Statutes, Section 160.29. SECTION 8. CHANGE IN FORM OF GOVERNMENT. Any change in the form of government of the City shall not affect the validity of this Ordinance. Any governmental unit succeeding the City shall, without the consent of Company, succeed to all of the rights and obligations of the City provided in this Ordinance. page 90 SECTION 9. FRANCHISE FEE. The City at the time of adopting this franchise agreement does not desire to require the Company collect a franchise fee from its customers in the City. At a future date during the term of this franchise agreement, the City may require Company to collect a franchise fee in accordance with applicable law. If so, the City may give Company Notice to amend this franchise agreement to authorize collection of a franchise fee by separate ordinance in an amount and upon such terms and conditions as Company at that time is willing to incorporate in its electric franchise agreements with other cities. Upon receipt of such Notice Company shall negotiate in good faith with City to so amend this franchise agreement. SECTION 10. PROVISIONS OF ORDINANCE. 10.1 Severability. Every section, provision, or part of this Ordinance is declared separate from every other section, provision, or part and if any section, provision, or part shall be held invalid, it shall not affect any other section, provision, or part. Where a provision of any other City ordinance conflicts with the provisions of this Ordinance, the provisions of this Ordinance shall prevail. 10.2 Limitation on Applicability. This Ordinance constitutes a franchise agreement between the City and Company as the only parties and no provision of this franchise shall in any way inure to the benefit of any third person (including the public at large) so as to constitute any such person as a third party beneficiary of the agreement or of any one or more of the terms hereof, or otherwise give rise to any cause of action in any person not a party hereto. SECTION 11. AMENDMENT PROCEDURE. Either party to this franchise agreement may at any time propose that the agreement be amended to address a subject of concern and the other party will consider whether it agrees that the amendment is mutually appropriate. If an amendment is agreed upon, this Ordinance may be amended at any time by the City passing a subsequent ordinance declaring the provisions of the amendment, which amendatory ordinance shall become effective upon the filing of Company's written consent thereto with the City Clerk within 90 days after the date of final passage by the City of the amendatory ordinance. SECTION 12. PREVIOUS FRANCHISES SUPERSEDED. This franchise supersedes any previous electric franchise granted to Company or its predecessor. Passed and approved: , 2014. Mayor Attest: City Clerk page 91 Date Published: page 92 GAS FRANCHISE ORDINANCE ORDINANCE NO. 464 CITY OF MENDOTA HEIGHTS, DAKOTA COUNTY, MINNESOTA AN ORDINANCE GRANTING TO NORTHERN STATES POWER COMPANY, A MINNESOTA CORPORATION, D/B/A XCEL ENERGY ITS SUCCESSORS AND ASSIGNS, PERMISSION TO ERECT A GAS DISTRIBUTION SYSTEM FOR THE PURPOSES OF CONSTRUCTING, OPERATING, REPAIRING AND MAINTAINING IN THE CITY OF MENDOTA HEIGHTS, MINNESOTA, THE NECESSARY GAS PIPES, MAINS AND APPURTENANCES FOR THE TRANSMISSION OR DISTRIBUTION OF GAS TO THE CITY AND ITS INHABITANTS AND OTHERS AND TRANSMITTING GAS INTO AND THROUGH THE CITY AND TO USE THE PUBLIC GROUNDS AND PUBLIC WAYS OF THE CITY FOR SUCH PURPOSES. THE CITY COUNCIL OF THE CITY OF MENDOTA HEIGHTS, DAKOTA COUNTY, MINNESOTA, ORDAINS: SECTION 1. DEFINITIONS. For purposes of this Ordinance, the following capitalized terms listed in alphabetical order shall have the following meanings: 1.1 City. The City of Mendota Heights, County of Dakota, State of Minnesota. 1.2 City Utility System. Facilities used for providing non -energy related public utility service owned or operated by City or agency thereof, including sewer and water service, but excluding facilities for providing heating, lighting or other forms of energy. 1.3 Commission. The Minnesota Public Utilities Commission, or any successor agency or agencies, including an agency of the federal government, which preempts all, or part of the authority to regulate Gas retail rates now vested in the Minnesota Public Utilities Commission. 1.4 Company. Northern States Power Company, a Minnesota corporation, d/b/a Xcel Energy its successors and assigns. 1.5 Gas. "Gas" as used herein shall be held to include natural gas, manufactured gas, or other form of gaseous energy. 1.6 Gas Facilities. Pipes, mains, regulators, and other facilities owner or operated by Company for the purpose of providing gas service for public use. 1.7 Notice. A written notice served by one party on the other party referencing one or more provisions of this Ordinance. Notice to Company shall be mailed to the General Counsel, 414 Nicollet Mall, 5th Floor, Minneapolis, MN 55401. Notice to the City shall be mailed to the City Administrator, City Hall, 1101 Victoria Curve, Mendota Heights, MN 55118. Either party may change its respective address for the purpose of this Ordinance by written notice to the other party. page 93 1.8 Public Ground. Land owned by the City for park, open space or similar purpose, which is held for use in common by the public. 1.9 Public Way. Any street, alley, walkway or other public right-of-way within the City. SECTION 2. ADOPTION OF FRANCHISE. 2.1 Grant of Franchise. City hereby grants Company, for a period of 20 years from the date passed and approved by the City, the right to transmit and furnish Gas energy for light, heat, power and other purposes for public and private use within and through the limits of the City as its boundaries now exist or as they may be extended in the future. For these purposes, Company may construct, operate, repair and maintain Gas Facilities in, on, over, under and across the Public Grounds and Public Ways of City, subject to the provisions of this Ordinance. Company may do all reasonable things necessary or customary to accomplish these purposes, subject, however, to such reasonable regulations as may be imposed by the City pursuant to ordinance and to the further provisions of this franchise agreement. 2.2 Effective Date; Written Acceptance. This franchise agreement shall be in force and effect from and after passage of this Ordinance, its acceptance by Company, and its publication as required by law. The City by Council resolution may revoke this franchise agreement if Company does not file a written acceptance with the City within 90 days after publication. 2.3 Service and Rates. The service to be provided and the rates to be charged by Company for Gas service in City are subject to the jurisdiction of the Commission. 2.4 Publication Expense. The expense of publication of this Ordinance will be paid by City and reimbursed to City by Company. 2.5 Dispute Resolution. If either party asserts that the other party is in default in the performance of any obligation hereunder, the complaining party shall notify the other party of the default and the desired remedy. The notification shall be written. Representatives of the parties must promptly meet and attempt in good faith to negotiate a resolution of the dispute. If the dispute is not resolved within 30 days of the written notice, the parties may jointly select a mediator to facilitate further discussion. The parties will equally share the fees and expenses of this mediator. If a mediator is not used or if the parties are unable to resolve the dispute within 30 days after first meeting with the selected mediator, either party may commence an action in District Court to interpret and enforce this franchise or for such other relief as may be permitted by law or equity for breach of contract, or either party may take any other action permitted by law. SECTION 3. LOCATION, OTHER REGULATIONS. 3.1 Location of Facilities. Gas Facilities shall be located, constructed and maintained so as not to interfere with the safety and convenience of ordinary travel along and over Public Ways and so as not to disrupt normal operation of any City Utility System previously installed therein. Gas Facilities shall be located on Public Grounds as determined by the City. Company's construction, reconstruction, operation, repair, maintenance and location of Gas Facilities shall be subject to permits if required by separate ordinance and to other reasonable regulations of the City to the extent not page 94 inconsistent with the terms of this franchise agreement. Company may abandon underground gas facilities in place, provided, at City's request, Company will remove abandoned metal pipe interfering with a City improvement project, but only to the extent such metal pipe is uncovered by excavation as part of the City's improvement project. 3.2 Field Locations. Company shall provide field locations for its underground Gas Facilities within City consistent with the requirements of Minnesota Statutes, Chapter 216D. 3.3 Street Openings. Company shall not open or disturb any Public Ground or Public Way for any purpose without first having obtained a permit from the City, if required by a separate ordinance, for which the City may impose a reasonable fee. Permit conditions imposed on Company shall not be more burdensome than those imposed on other utilities for similar facilities or work. Company may, however, open and disturb any Public Ground or Public Way without permission from the City where an emergency exists requiring the immediate repair of Gas Facilities. In such event Company shall notify the City by telephone to the office designated by the City as soon as practicable. Not later than the second working day thereafter, Company shall obtain any required permits and pay any required fees. 3.4 Restoration. After undertaking any work requiring the opening of any Public Ground or Public Way, Company shall restore the same, including paving and its foundation, to as good a condition as formerly existed, and shall maintain any paved surface in good condition for one year thereafter. The work shall be completed as promptly as weather permits, and if Company shall not promptly perform and complete the work, remove all dirt, rubbish, equipment and material, and put the Public Ground or Public Way in the said condition, the City shall have, after demand to Company to cure and the passage of a reasonable period of time following the demand, but not to exceed five days, the right to make the restoration at the expense of Company. Company shall pay to the City the cost of such work done for or performed by the City. This remedy shall be in addition to any other remedy available to the City for noncompliance with this Section 3.4, but the City hereby waives any requirement for Company to post a construction performance bond, certificate of insurance, letter of credit or any other form of security or assurance that may be required, under a separate existing or future ordinance of the City, of a person or entity obtaining the City's permission to install, replace or maintain facilities in a Public Way. 3.5 Avoid Damage to Gas Facilities. Nothing in this Ordinance relieves any person from liability arising out of the failure to exercise reasonable care to avoid damaging Gas Facilities while performing any activity. 3.6 Notice of Improvements. The City must give Company reasonable notice of plans for improvements to Public Grounds or Public Ways where the City has reason to believe that Gas Facilities may affect or be affected by the improvement. The notice must contain: (i) the nature and character of the improvements, (ii) the Public Grounds and Public Ways upon which the improvements are to be made, (iii) the extent of the improvements, (iv) the time when the City will start the work, and (v) if more than one Public Ground or Public Way is involved, the order in which the work is to proceed. The notice must be given to Company a sufficient length of time in advance of the actual commencement of the work to permit Company to make any necessary additions, alterations or repairs to its Gas Facilities. page 95 SECTION 4. RELOCATIONS. 4.1 Relocation of Gas Facilities in Public Ways. If the City determines to vacate a Public Way for a City improvement project, or at City's cost to grade, regrade, or change the line of any Public Way, or construct or reconstruct any City Utility System in any Public Way, it may order Company to relocate its Gas Facilities located therein if relocation is reasonably necessary to accomplish the City's proposed public improvement. Except as provided in Section 4.3, Company shall relocate its Gas Facilities at its own expense. The City shall give Company reasonable notice of plans to vacate for a City improvement project, or to grade, regrade, or change the line of any Public Way or to construct or reconstruct any City Utility System. If a relocation is ordered within five years of a prior relocation of the same Gas Facilities, which was made at Company expense, the City shall reimburse Company for Non -Betterment Costs on a time and material basis, provided that if a subsequent relocation is required because of the extension of a City Utility System to a previously unserved area, Company may be required to make the subsequent relocation at its expense. Nothing in this Ordinance requires Company to relocate, remove, replace or reconstruct at its own expense its Gas Facilities where such relocation, removal, replacement or reconstruction is solely for the convenience of the City and is not reasonably necessary for the construction or reconstruction of a Public Way or City Utility System or other City improvement. 4.2 Relocation of Gas Facilities in Public Ground. City may require Company at Company's expense to relocate or remove its Gas Facilities from Public Ground upon a finding by City that the Gas Facilities have become or will become a substantial impairment to the existing or proposed public use of the Public Ground. 4.3 Projects with Federal Funding. City shall not order Company to remove or relocate its Gas Facilities when a Public Way is vacated, improved or realigned for a right-of-way project or any other project which is financially subsidized in whole or in part by the Federal Government or any agency thereof, unless the reasonable non -betterment costs of such relocation are first paid to Company. The City is obligated to pay Company only for those portions of its relocation costs for which City has received federal funding specifically allocated for relocation costs in the amount requested by the Company, which allocated funding the City shall specifically request. Relocation, removal or rearrangement of any Company Gas Facilities made necessary because of a federally - aided highway project shall be governed by the provisions of Minnesota Statutes, Section 161.46, as supplemented or amended. It is understood that the rights herein granted to Company are valuable rights. 4.4 No Waiver. The provisions of this franchise apply only to facilities constructed in reliance on a franchise from the City and shall not be construed to waive or modify any rights obtained by Company for installations within a Company right-of-way acquired by easement or prescriptive right before the applicable Public Ground or Public Way was established, or Company's rights under state or county permit. SECTION 5. TREE TRIMMING. Company is also granted the permission and authority to trim all shrubs and trees, including roots, in the Public Ways of City to the extent Company finds necessary to avoid interference with the proper construction, operation, repair and maintenance of Gas Facilities, provided that Company shall save City harmless from any liability in the premises. page 96 SECTION 6. INDEMNIFICATION. 6.1 Indemnity of City. Company shall indemnify, keep and hold the City free and harmless from any and all liability on account of injury to persons or damage to property occasioned by the construction, maintenance, repair, inspection, the issuance of permits, or the operation of the Gas Facilities located in the Public Grounds and Public Ways. The City shall not be indemnified for losses or claims occasioned through its own negligence except for losses or claims arising out of or alleging the City's negligence as to the issuance of permits for, or inspection of, Company's plans or work. The City shall not be indemnified if the injury or damage results from the performance in a proper manner of acts reasonably deemed hazardous by Company, and such performance is nevertheless ordered or directed by City after notice of Company's determination. 6.2 Defense of City. In the event a suit is brought against the City under circumstances where this agreement to indemnify applies, Company at its sole cost and expense shall defend the City in such suit if written notice thereof is promptly given to Company within a period wherein Company is not prejudiced by lack of such notice. If Company is required to indemnify and defend, it will thereafter have control of such litigation, but Company may not settle such litigation without the consent of the City, which consent shall not be unreasonably withheld. This section is not, as to third parties, a waiver of any defense or immunity otherwise available to the City and Company, in defending any action on behalf of the City shall be entitled to assert in any action every defense or immunity that the City could assert in its own behalf. SECTION 7. VACATION OF PUBLIC WAYS. The City shall give Company at least two weeks prior written notice of a proposed vacation of a Public Way. Except where required for a City improvement project, the vacation of any Public Way, after the installation of Gas Facilities, shall not operate to deprive Company of its rights to operate and maintain such Gas Facilities, until the reasonable cost of relocating the same and the loss and expense resulting from such relocation are first paid to Company. In no case, however, shall City be liable to Company for failure to specifically preserve a right-of-way under Minnesota Statutes, Section 160.29. SECTION 8. CHANGE IN FORM OF GOVERNMENT. Any change in the form of government of the City shall not affect the validity of this Ordinance. Any governmental unit succeeding the City shall, without the consent of Company, succeed to all of the rights and obligations of the City provided in this Ordinance. SECTION 9. FRANCHISE FEE. The City at the time of adopting this franchise agreement does not desire to require the Company collect a franchise fee from its customers in the City. At a future date during the term of this franchise agreement, the City may require Company to collect a franchise fee in accordance with applicable law. If so, the City may give Company Notice to amend this franchise agreement to authorize collection of a franchise fee by separate ordinance in an amount and upon such terms and conditions as Company at that time is willing to incorporate in its gas franchise agreements with other cities. Upon receipt of such Notice Company shall negotiate in good faith with City to so amend this franchise agreement. page 97 SECTION 10. PROVISIONS OF ORDINANCE. 10.1 Severability. Every section, provision, or part of this Ordinance is declared separate from every other section, provision, or part and if any section, provision, or part shall be held invalid, it shall not affect any other section, provision, or part. Where a provision of any other City ordinance conflicts with the provisions of this Ordinance, the provisions of this Ordinance shall prevail. 10.2 Limitation on Applicability. This Ordinance constitutes a franchise agreement between the City and Company as the only parties and no provision of this franchise shall in any way inure to the benefit of any third person (including the public at large) so as to constitute any such person as a third party beneficiary of the agreement or of any one or more of the terms hereof, or otherwise give rise to any cause of action in any person not a party hereto. SECTION 11. AMENDMENT PROCEDURE. Either party to this franchise agreement may at any time propose that the agreement be amended to address a subject of concern and the other party will consider whether it agrees that the amendment is mutually appropriate. If an amendment is agreed upon, this Ordinance may be amended at any time by the City passing a subsequent ordinance declaring the provisions of the amendment, which amendatory ordinance shall become effective upon the filing of Company's written consent thereto with the City Clerk within 90 days after the date of final passage by the City of the amendatory ordinance. SECTION 12. PREVIOUS FRANCHISES SUPERSEDED. This franchise supersedes any previous Gas franchise granted to Company or its predecessor. Passed and approved: , 2014. Attest: Mayor City Clerk Date Published: