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2018-02-20 Council PacketCITY OF MENDOTA HEIGHTS CITY COUNCIL AGENDA February 20, 2018 – 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 February 7, 2018 City Council Minutes b. Approval of February 7, 2018 Council Work Session Minutes c. Acknowledge January 9, 2018 Parks and Recreation Commission Minutes d. Approval of Temporary Liquor License for Mendota Elementary PTA e. Approve Resolution 2018-15 Amend Joint Powers Agreement for Cherokee Heights Ravine Stabilization f. Approve Resolution 2018-16 Cooperative Construction Agreement with the Minnesota Department of Transportation for Highway 149 (Dodd Road) Rehabilitation Project g. Accept Resignation of Mackenzie Leydon and Authorize the Recruitment of a Part-Time Receptionist h. Approval of City Hall Architect Contract Amendment #2 i. Acknowledge Receipt of January 2018 Fire Synopsis Report j. Acknowledge Receipt of January 2018 Building Activity Report k. Approval of January 2018 Treasurer’s Report l. Approval of Claims List 6. Public Comments *See guidelines below 7. Presentations a. Open to Business Program (Dakota County Community Development Agency) b. 2017 Sump Pump Inspection Program Results 8. Public Hearing a. Resolution 2018-12 Right-of-Way Vacation for Bluebill Drive 9. New and Unfinished Business a. Resolution 2018-16 Storm Sewer Utility Rate Adjustment b. Resolution 2018-17 Sanitary Sewer Utility Rate Adjustment c. 2018-2020 Operation of a Municipal Cleanup Day – Award Contract 10. Community Announcements 11. Council Comments 12. Adjourn Guidelines for Citizen Comment Period: “The Citizen Comments section of the agenda provides an opportunity for the public to address the Council on items which are not on the agenda. All are welcome to speak. Comments should be directed to the Mayor. Comments will be limited to 5 minutes per person and topic; presentations which are longer than five minutes will need to be scheduled with the City Clerk to appear on a future City Council agenda. Comments should not be repetitious. Citizen comments may not be used to air personal attacks, to air personality grievances, to make political endorsements, or for political campaign purposes. Council members will not enter into a dialogue with citizens, nor will any decisions be made at that presentation. Questions from the Council will be for clarification only. Citizen comments will not be used as a time for problem solving or reacting to the comments made, but rather for hearing the citizen for information only. If appropriate, the Mayor may assign staff for follow up to the issues raised.” CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Wednesday, February 7, 2018 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 Garlock called the meeting to order at 7:05 p.m. Councilors Paper, Miller, and Petschel were also present. Councilor Duggan was absent. PLEDGE OF ALLEGIANCE Council, the audience, and staff recited the Pledge of Allegiance. AGENDA ADOPTION Mayor Garlock presented the agenda for adoption. Councilor Petschel moved adoption of the agenda. Mayor Garlock seconded the motion. Ayes: 4 Nays: 0 Absent: 1 (Duggan) SPECIAL PRESENTATION BY FUTURE CITIES Mr. John Mazzitello explained the Friendly Hills Middle School Future Cities Program. It is a program sponsored by the American Society of Civil Engineers that challenges 6th, 7th, and 8th grade students to devise, develop, and build a city of the future based on a specific theme. This year’s theme was the Aged Friendly City. The school has been participating in the program for 10 years. This year, three teams were entered into the competition, all of which finished in the upper half of the competition state wide. Ms. Crystal Mielke, Friendly Hills Middle School Science Teacher, provided additional information about the competition and the three all-girl teams who participated. One team made it into the finals and placed fourth out of 60 teams. Two members of this team provided information about their project and answered questions from the Councilors. CONSENT CALENDAR Mayor Garlock presented the consent calendar and explained the procedure for discussion and approval. Councilor Petschel moved approval of the consent calendar as presented and authorization for execution of any necessary documents contained therein, pulling items f) Resolution 2018-14 Approve Plans and page 3 Authorize Advertisement for Bids for the Ivy Hill Park Pond Improvement and h) Approval of Citizen Comments Guidelines. a. Approval of January 2, 2018 Council Work Session / Closed Session Minutes b. Approval of January 16, 2018 City Council Minutes c. Approval of January 16, 2018 Council Work Session / Closed Session Minutes d. Approval of Temporary Liquor License for Beth Jacob Congregation for March 18, 2018 e. Approval of Resolution 2018-11 Approving Community Development Block Grant (CDBG) Funding Application through Dakota County – FY 2018 f. Resolution 2018-14 Approve Plans and Authorize Advertisement for Bids for the Ivy Hill Park Pond Improvement g. Approval of Recreation Facilities Reservation/Special Event Policy h. Approval of Citizen Comments Guidelines i. Approval of Claims List Mayor Garlock seconded the motion. Ayes: 4 Nays: 0 Absent: 1 (Duggan) PULLED CONSENT AGENDA ITEM F) RESOLUTION 2018-14 APPROVE PLANS AND AUTHORIZE ADVERTISEMENT FOR BIDS FOR THE IVY HILL PARK POND IMPROVEMENT Councilor Miller expressed his appreciation to the neighbors in this area for their attention to this pond. He stated he hoped this was a harbinger of things to come with respect to the other wetlands, ponds, and natural areas in the city that are in need of assistance and upkeep. Public Works Director Ryan Ruzek agreed and noted that staff hopes to learn a lot of valuable knowledge with this project that they can carry forward to other ponds and projects in the city. Councilor Petschel moved to adopt RESOLUTION 2018-14 APPROVE PLANS AND AUTHORIZE ADVERTISEMENT FOR BIDS FOR THE IVY HILL PARK POND IMPROVEMENT. Mayor Garlock seconded the motion. Ayes: 4 Nays: 0 Absent: 1 (Duggan) H) COUNCIL MEETING CITIZEN COMMENT GUIDELINES City Administrator Mark McNeill noted that Councilor Duggan requested this item be tabled to a future meeting when all Councilors would be present. The Council opted to move forward on this topic. City Administrator Mark McNeill noted that the city has not had guidelines for the public to make comments at Council meetings, in terms of the topics, the duration, or what might be said. Staff was aware of other cities where it is common to have guidelines so that residents know what the duration of time is. Staff suggested the following guidelines: page 4 “The Citizen Comments section of the agenda provides an opportunity for the public to address the Council on items which are not on the agenda. All are welcome to speak. Comments should be directed to the Mayor. Comments will be limited to 5 minutes per person and topic; presentations which are longer than five minutes will need to be scheduled with the City Clerk to appear on a future City Council agenda. Comments should not be repetitious. Citizen comments may not be used to air personal attacks, to air personality grievances, to make political endorsements, or for political campaign purposes. Council members will not enter into a dialogue with citizens, nor will any decisions be made at that presentation. Questions from the Council will be for clarification only. Citizen comments will not be used as a time for problem solving or reacting to the comments made, but rather for hearing the citizen for information only. If appropriate, the Mayor may assign staff for follow up to the issues raised.” If approved, these guidelines would be printed on future City Council agendas and would be posted on the podium. Councilor Miller stated that he supports this and understands it would benefit the public. However, he believes the Council needs to tread lightly. The desire to run an expedited meeting should never outpace the enthusiasm that the Council should have for public sentiment. Councilor Petschel pointed out there is nothing new in this policy. She agreed that some things can be enforced more literally; however, there have been times where a number of people wish to speak under Public Comments and it is not fair to anyone wanting to speak to have one person speaking at great length. The policy also asked that comments not be repeated and only persons with something new to say to come forward. There is always flexibility. To have a formal guideline is a good idea. Mayor Garlock noted that the guidelines state that if the comment on one item is going to take longer than five minutes, then there is an avenue to place the item on the agenda. Councilor Miller agreed with all of the comments made and pointed out that the Council is not trying to curtail public engagement and that if there are 100 people who want to speak, then they all should be allowed to speak. Mayor Garlock moved to adopt the Council Meeting Citizen Comment Guidelines. Councilor Paper seconded the motion. Ayes: 4 Nays: 0 Absent: 1 (Duggan) page 5 PUBLIC COMMENTS Mr. Keith Ostrosky, 1680 Lexington Avenue South, asked the Council to take under consideration and include their property in the amended Comprehensive Plan and rezone it. They would like to develop their land into small, high-end, medium density housing. This would be a place where aging people could have a one-level home. He noted that he believed there was a shortage of this type of housing in Mendota Heights. There are over 400 multi-family units surrounding him and believes that his own property should be rezoned to multi-family as well. PRESENTATIONS A) MENDOTA HEIGHTS NORTH-SOUTH MOBILITY STUDY Mr. Joe Devore of KLJ Engineering presented the Mendota Heights North-South Mobility Study, which looked at Dodd Road, Delaware Avenue, and some of the neighborhoods around St. Thomas Academy. At the December 19, 2017 Council meeting, KLJ Engineering shared their initial findings of where the traffic volume was coming from with the Viking Lakes Development and the Inver Grove Heights North-West Development. Both scheduled to be built between now and 2040. They looked at what routes this traffic might use to go north/south through Mendota Heights and they presented the existing and future safety and operations analysis in this first meeting. KLJ Engineering provided a quick summary of the December 19th meeting. The summary included a description of the study area, directional distribution from the two major developments, major volume increases, traffic operations and existing levels of service along with anticipated levels of service based on these future developments. He noted definite needs in traffic improvements. Existing safety data and existing conditions that would warrant traffic signals was also reviewed. They answered the follow-up questions from the Council. KLJ looked into the AUAR data for the Viking Lakes Development and the Inver Grove Heights Development AUAR’s; neither development was assumed in the other AUAR so this is the first study that really put both of those volumes together into the same study. The Inver Grove Heights AUAR was done in 2008 and updated in 2011 and the Vikings study was just completed in 2016. KLJ also shared the daily Viking Training Camp in Mankato attendances over the last several years, which was under 5,000 per day with a maximum of 6,000 when scrimmages occurred. The estimated new attendances for the site in Eagan (from the draft event plan) is between 6,600 and 7,200 people for a day of training camp (2,100 and 2,300 vehicles). As requested, KLJ developed alternative costs for all of the scenarios; suggested a fire station warning system for when fire trucks would be entering and exiting the station; and the percentage of total traffic on Dodd Road and Delaware Avenue was attributed to the Vikings and Inver Grove Heights Developments. Councilmember Paper asked for an explanation of the two scenarios for the crossing at Dodd Road and Highway 110 and how they would impact the gas station. Mr. Devore replied that the effects of the ‘the super street’ and ‘continuous flow’ on North Plaza Drive were not really looked at. When KLJ looked at page 6 the three signals within an upgraded Dodd Road and Highway 110 intersection, it did work with the reduced access scenario where they still kept the incoming left and drivers could still get into North Plaza Drive. Councilor Petschel stated that she frequently travels through the Wagon Wheel and Decorah intersection, which is dangerous. She asked how KLJ would align that intersection and did they consider that they would have to purchase right-of-way and was that included in the cost analyses. Mr. Devore replied that the right-of-way acquisition was not reflected in the cost analyses; however, it would be a substantial. Councilor Petschel observed that this study was completed because of the new development at the Vikings complex and the complete build-out of that development would not be seen for a while. It also includes the extensive development that is going to occur in Inver Grove Heights. Mendota Heights becomes the conduit in and out of those developments. This is a regional problem and needs to be addressed regionally. Mendota Heights has done its homework; she believes the ultimate solution to this is that everyone needs to be at the table. She would like to see a forum with the intention of doing short- term and long-term planning with other entities. Mr. Devore agreed and stated that there needs to be coordination with Dakota County and MnDOT as Dodd Road is a MnDOT Trunk Highway and Delaware Avenue and Argenta are county roads. Mayor Garlock expressed his appreciation for the very thorough study and for the information. PUBLIC HEARING A) RESOLUTION 2018-13 ORDER PLANS FOR THE LEXINGTON HIGHLANDS, SOUTH PLAZA DRIVE, AND MENDAKOTA NEIGHBORHOOD IMPROVEMENT Public Works Director Ryan Ruzek introduced Mr. Brad Reifsteck from WSB and Associates, who went through a presentation on the Lexington Highlands, South Plaza Drive, and Mendakota Neighborhood Improvement Project. Mr. Reifsteck explained that a feasibility report had been prepared and a neighborhood meeting was held on January 10, 2018. There were approximately 40 residents in attendance. The residents asked a variety of questions regarding assessments, timing, construction issues, traffic issues, and street drainage issues. Mr. Reifsteck shared images of the project area, which included the proposed streets to be rehabilitated – Avanti Drive, Bwana Court, Faro Lane, Summit Lane, Twin Circle Drive, Vail Drive, West Circle Court, Mendakota Court, Mendakota Drive, South Plaza Drive. Some of the concerns staff are aware of include poor traffic conditions, poor traffic flows, and failing bituminous paving surfaces. Other issues to be addressed include drainage issue, containment systems, and the inconvenience to the residents. Since this is a rehabilitation project. All of the area pavements will be reclaimed and recycled in place, the concrete curb and gutter will be replaced as necessary, and drainage improvements would be completed. Pursuant to the City’s Street Rehabilitation and Reconstruction Policy, the benefiting properties should be assessed 50% of the project costs. The total estimated cost of the project is $1,802,364; and the page 7 funding sources are assessments, $72,230 from the Utility Fund, and $1,134,150 from Municipal Bonds. Assessments are estimated to be $3,988.36 for each of the 81 units in the Lexington Highlands; South Plaza Drive would have a footage assessment of $30.73/foot; Mendakota Neighborhood would have a total assessment of $194,996; with residents along Mendakota Drive having a foot assessment of $27.46/foot. Bids for the project would be opened in April and construction would begin in mid-May or June. Councilor Petschel asked if the percentage of the assessment would be the same as the most recent residential projects that have been done. Mr. Ruzek replied that staff has been capping the assessments at the $3,950 and the calculated assessments for this project were less than that. Councilor Petschel also noted that the city did a street inventory as part of the long-term street plan and that they were finally getting to the street that was identified as the worst street in the city. Mr. Ruzek clarified that the city’s assessment policy is to have a 10-year repayment period on rehabilitation projects. Mendakota Drive and Mendakota Court were discussed. Options were presented for residents living on Mendakota Court. This street could be serviceable for another five years, however, they would be living with construction projects twice, since Mendakota Drive will be refurbished this year. There are 34 properties on Mendota Court and the residents who attended the informational meeting were asked to provide staff with their choice on how they would like to proceed. Five requests were received to delay the project and two to proceed now. Councilors asked various questions regarding the condition of Mendakota Drive and Mendakota Court, what the pavement management index numbers actually mean, what it would mean if the project or parts of the project were delayed and patching completed instead, and the possibility of rehabilitating the parking lot of Mendakota Park as part of this project. Councilor Petschel moved to open the public hearing. Mayor Garlock seconded the motion. Ayes: 4 Nays: 0 Absent: 1 (Duggan) Ms. Julie Bader, 910 Mendakota Court, stated she does not know of any issues with the road or the drainage in the neighborhood. She questioned why Mendakota Court would be refurbished five years ahead of time. She also asked for clarification on the assessments; is her neighborhood having to assume some of the costs for the other parts of the entire improvement project. Mr. Ruzek replied that essentially they are paying a portion of these but not as part of their assessment. The project costs are broken down to Mendakota Court, Mendakota Drive, South Plaza Drive, and the Lexington Highlands. They took those costs, subtracted the city costs, and divided that by half to come up with what the assessment values would be. The city is bonding for its share so essentially everyone is paying a portion of the city bonds, which are funded by taxes; however, it is not part of the direct assessment. Ms. Bader page 8 then asked as further clarification, that the $3,988.36 would just be for the Mendakota Court rehabilitation. Mr. Ruzek confirmed. Councilor Petschel asked if this project would include a way to address the dangerous Mendakota Drive and Mendakota Court intersection. Mr. Ruzek replied that staff has looked at ways to mitigate the danger by reconfiguring it. Mr. Frank Friedmann, 906 Mendakota Court, stated that he understands the pavement replacement is inevitable; however, he and his wife are in favor of delaying this part of the project until there is a time when it would make more sense. Ms. Mona Friedmann, 906 Mendakota Court, agreed that Mendakota Country Club intersection is dangerous. She asked if they could put up a sign that says ‘cross traffic does not stop’. Mr. Chris Scotti, 861 Mendakota Court, stated that based on everything he has heard that delaying the rehabilitation on his road makes sense. Mayor Garlock moved to close the public hearing. Councilor Petschel seconded the motion. Ayes: 4 Nays: 0 Absent: 1 (Duggan) Councilor Petschel moved to adopt RESOLUTION 2018-13 ORDERING OF IMPROVEMENT PROJECT AND PREPARATION OF PLANS AND SPECIFICATIONS FOR THE LEXINGTON HIGHLANDS, SOUTH PLAZA DRIVE, AND MENDAKOTA NEIGHBORHOOD IMPROVEMENTS (PROJECT #201707). Councilor Miller seconded the motion. Councilor Paper stated his opinion that if Mendakota Court is scoring a 50 out of 100, it has a significant amount of life left, and it would not have an impact on the project on Mendakota Drive – that it not be completed at this time. If spot repairs are needed they can be addressed on an individual basis; however, to tear out a perfectly good road just because we’re in the neighborhood does not make sense. Mayor Garlock stated that he would definitely be in favor of delaying it. Councilmember Petschel amended her resolution to be to adopt RESOLUTION 2018-13 WITH THE EXCLUSION OF MENDAKOTA COURT AND TO STRIKE ANY REFERENCE TO MENDAKOTA COURT. Councilor Miller seconded the motion. Ayes: 4 Nays: 0 Absent: 1 (Petschel) page 9 NEW AND UNFINISHED BUSINESS A) RESOLUTION 2018-09 APPROVING A LOT LINE ADJUSTMENT (SUBDIVISION) REQUEST FOR 572 AND 566 HIAWATHA AVENUE (PLANNING CASE NO. 2018-01) Community Development Director Tim Benetti explained that this request from Mr. Ed Meisinger, 572 / 566 Hiawatha Avenue to make a very simple lot line adjustment. Both parcels are located in the R-1 district. 566 Hiawatha currently contains a one and quarter story, 800+ square foot, single family dwelling. The lot width is currently 125 x 200. 572 Hiawatha is a one-story rambler of approximately 1,700 square feet. This lot is 100 x 200. The request to move the lot line would make the Meisinger property 124 x 200 and the remaining lot 100 x 200. All set backs are easily met. Councilor Paper asked if there were a lot of fees involved in this. Mr. Benetti replied that it would be the normal $500 fee and then an escrow fee that usually gets refunded back to them. Councilor Paper moved to adopt RESOLUTION 2018-09 APPROVING A LOT LINE ADJUSTMENT FOR PROPERTIES LOCATED AT 572 & 566 HIAWATHA AVENUE. Mayor Garlock seconded the motion. Ayes: 4 Nays: 0 Absent: 1 (Duggan) B) RESOLUTION 2018-10 APPROVING A LOT SPLIT (SUBDIVISION) REQUEST FOR 684 NORTH FREEWAY ROAD (PLANNING CASE NO. 2018-02) Community Development Director Tim Benetti explained this request made by Mr. Mark Gergen for a lot split at 684 North Freeway Road. The lot is zoned R-1, single family and contains a one-story walk- out dwelling just over 2,200 square feet. The subject lot is 1.15 acres in size with a 200 foot frontage along North Freeway Road. Basically the request is to split this into two 100-foot lots with a depth of over 250 feet. Mr. Benetti then shared an image of what the lots would look like after the split, noting that they would meet the standard 100-foot frontage requirement and the square foot requirement. The original house was built with a 30-foot setback. Mr. Gergen had prepared a building pad site of 30 x 30 for both sites; however, staff indicated they would like to see that averaged out to be 38-foot setback, which could easily be done. Mr. Gergen has agreed to this recommendation. Mr. Benetti explained that Condition #9 “The existing home must be demolished before the subdivision is recorded with Dakota County” has been altered since Mr. Gergen has requested that the demolition occur later on when the weather turns better. Staff has added a June 1, 2018 deadline for demolition and that it must remain vacant. Also, Condition #12 has been stricken since it was a repeat of Condition #10. Councilor Petschel, after reading the comments from the residents in the Planning Commission minutes, noted that it seemed like the neighboring residents were concerned about the stand of trees that they are used to in the back of the lot. Staff has agreed to walk the back of the lot when the building plans come forward to look at saving as many trees as possible. Mr. Benetti confirmed that this was still the plan. page 10 Councilor Paper asked how far back the neighboring house was from the lot line. Mr. Benetti shared this information and explained the reason for the 38-foot setback recommendation. Discussion ensued regarding the setbacks. It was ultimately decided to be consistent with past precedence and recommend a setback of 42 feet on the parcel between the neighbor to the east and Mr. Gergen’s current residence. Mr. Mark Gergen, 1900 Oak Street, came forward and stated that he was not opposed to the staggered concept on the setback. He asked if the house could be set back 35 feet on the west property and 40 feet on the middle property. Staff and Council agreed to the adjusted setback footage. Councilor Petschel moved to adopt RESOLUTION 2018-10 APPROVING A LOT SPLIT (SUBDIVISION) FOR PROPERTY LOCATED AT 684 NORTH FREEWAY ROAD WITH THE MODIFICATION OF CONDITION #5 TO READ “FRONT-YARD SETBACKS FROM NORTH FREEWAY ROAD FOR FUTURE STRUCTURES ON BOTH PARCEL A AND PARCEL B SHALL BE A MINIMUM OF 36 -FEET” AND WITH THE MODIFICATIONS OF CONDITIONS #9 AND #12 AS DESCRIBED EARLIER. Councilor Paper seconded the motion. Ayes: 4 Nays: 0 Absent: 1 C) APPOINTMENT OF DAKOTA BROADBAND BOARD MEMBER AND ALTERNATE MEMBER Assistant City Administrator Cheryl Jacobson explained that this request seeks the appointment of a primary and alternate member to the Dakota County Broadband Board. The board is being created in conjunction with the participating cities who have signed on to the Joint Powers Agreement for operation and administration of the I-Net and C-Net, or the Dakota County Fiber Ring. The city approved the JPA at the December 19, 2017 Council Meeting. The board is being created using the model of how the Dakota Communication Center board operates. They are asking that the participating cities to appoint a primary and an alternate member to the board. The board will meet a few times early on to establish by-laws, which will establish the terms of the board itself, as well as establish committees and sub-committees. There would be an executive committee that is established, which would be staffed primarily by participating city administrative staff and IT staff. It is expected that the executive committee and other ad hoc committees would probably do most of the work with the Dakota Broadband Board (DBB) being the approval authority. Mayor Garlock has indicated that he would volunteer himself as the primary board member, so staff was looking for an alternate board member. Councilor Paper volunteered to be the alternate member as he is currently serving on the Northern Dakota County Cable Commission. Councilor Petschel moved to approve the appointment of Mayor Neil Garlock as the primary member and Councilor Paper as the alternate member to the Dakota Broadband Board page 11 Councilor Miller seconded the motion. Ayes: 4 Nays: 0 Absent: 1 (Duggan) COMMUNITY ANNOUNCEMENTS City Administrator Mark McNeill announced there will be a free workshop on invasive plants in the City Council Chambers on March 8, 2018. Master gardeners will be on hand to help identify invasive species and answer questions. COUNCIL COMMENTS Councilor Paper expressed his appreciation to Vivian and Stella for bringing in their Future Cities model and sharing that information. He also thanked Mr. Mazzitello for his mentoring. Reminder: the Henry Sibley Marching Band is hosting a pancake breakfast this Sunday at the high school. Councilor Miller took the opportunity to thank the Schaefer family and Moose Country for their financial support of the fire department and relief association in Mendota Heights. He recently learned that they have sold the Moose Country and it will be closing at the end of April or early May. Councilor Petschel acknowledged a letter in the St. Paul Pioneer Press thanking the residents of Hidden Creek for the absolutely spectacular Christmas decorations this year. Wagon Wheel was equally spectacular. She expressed her appreciation to the residents who take the time to do that. She also expressed her appreciation to Mr. Joe Devore for the wonderful presentation he gave on the North/South Mobility Study. The presentation was understandable and easy to follow. This is a marvelous document and blueprint for moving forward. ADJOURN Mayor Garlock moved to adjourn. Councilor Petschel seconded the motion. Ayes: 4 Nays: 0 Absent: 1 (Duggan) Mayor Garlock adjourned the meeting at 8:55 p.m. ____________________________________ Neil Garlock ATTEST: Mayor _______________________________ Lorri Smith City Clerk page 12 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the City Council Closed Session and Work Session Held February 7, 2018 Pursuant to due call and notice thereof, a meeting of the City Council, City of Mendota Heights, Minnesota was held at the Fire Station, 2121 Dodd Road, Mendota Heights, Minnesota. CALL TO ORDER Mayor Garlock called the meeting to order at 5:00 pm. Councilmembers Miller, Paper, Petschel were also present. Councilor Duggan was absent. Others present included Quinn Hudson and Brooke Jacobson, representing CNH Architects; Mark McNeill, City Administrator; Cheryl Jacobson, Assistant City Administrator; Kristen Schabacker, Finance Director; Ryan Ruzek, Public Works Director; Dave Dreelan, Fire Chief; Scott Goldenstein, Assistant Fire Chief; Firefighters Cory Lane, Jeff Stenhaug, Dale Stein, and Jay Taylor. DISCUSSION OF FIRE STATION REMODEL/ADDITION The City Council met at the Fire Station to discuss the proposed plans for remodeling the building. Representative from CNH Architects presented their preliminary site plan and floor plans for a remodeled and addition to the current fire station. The space needs for the department were discussed. It was noted that the existing space totals 12,397 square feet will be remodeled. An addition totaling 14,743 square feet will be added to the north and west sides of the existing building. The overall site plan was reviewed. The department would continue to operate in the existing space while the addition is added to the building. Key areas to be added include classroom and emergency operations center space, administration space, fitness space, training tower, interior training space. The preliminary cost estimate for this totals $5,380,000. Councilor Petschel questioned if the roof on the current facility is adequate. She also noted that she would like to see the color of the brick match brick used at The Plaza to pull the area together. Mayor Garlock questioned if this would be considered the primary Emergency Operations Center for the City. Fire Chief Dreelan responded that this could be considered the primary EOC and that it does include a separate conference room. Councilor Paper questioned if grant money or FEMA money might be available to help fund this construction. Chief Dreelan stated the city could certainly apply. City Administrator McNeill noted that this item could move on to the March 6, 2018 Council meeting for action. It was noted that an article should be placed in the next edition of the Heights Highlights and also the City should send a mass mailing out to the residents informing the residents of why the Council is considering this project. page 13 CLOSED SESSION TO DISCUSS LABOR NEGOTIATION MATTERS A motion was made by Mayor Garlock, seconded by Councilor Petschel, to adjourn to a closed session pursuant to Minnesota Statute §13D.03 for Attorney Client Privilege for discussion of labor negotiations strategy. The motion passed 4-0. Those present included Mayor Garlock, Councilmembers Miller, Paper, and Petschel. Also in attendance were City Administrator Mark McNeill and Assistant City Administrator Cheryl Jacobson. A motion was made by Councilor Miller and seconded by Councilor Paper to adjourn the closed meeting and to return to the open meeting at 6:49 pm. The motion passed 4-0. It was stated that no official action was taken by the Council in the closed session meeting. The Council will provide a summary of the closed session at a regular Council meeting as required by Minnesota Statutes. ADJOURN Motion Mayor Garlock and seconded by Councilor Paper to adjourn the meeting at 6:50 pm. Motion carried 4-0. ___________________________ Neil Garlock, Mayor ____________________________ Lorri Smith, City Clerk page 14 CITY OF MENDOTA HEIGHTS, DAKOTA COUNTY, MINNESOTA PARKS AND RECREATION MEETING January 9, 2018 The January meeting of the Mendota Heights Parks and Recreation Commission was held on Tuesday, January 9, 2018, at Mendota Heights City Hall, 1101 Victoria Curve. 1. Call to Order – Chair Pat Hinderscheid called the meeting to order at 6:33 p.m. 2. Roll Call – The following Commissioners were present: Chair Pat Hinderscheid, Commissioners Steve Goldade, Bob Klepperich, Stephanie Levine, Nissa Tupper, and student representative Clair Dunham. Absent: Ira Kipp, David Miller. Staff present: Assistant City Administrator Cheryl Jacobson, Public Works Director Ryan Ruzek, and Recreation Program Coordinator Meredith Lawrence 3. Approval of Agenda Chair Hinderscheid presented the agenda for approval with the addition of a walk-through of the Planning Report. Motion Klepperich/second Tupper to adopt the agenda as amended AYES 5: NAYS 0: ABSENT: 2 4. Approval of Minutes from December 11, 2017 Motion Klepperich/second Tupper to approve the minutes of the December 11, 2017 Parks and Recreation Commission meeting. AYES 5: NAYS 0: ABSENT: 2 5. Unfinished and New Business 5.a Presentation on Pickleball – John Malmgren Mr. John Malmgren, Liaison to the Shoreview Area Pickleball Club showed the commissioners the equipment used when playing pickleball and gave a short presentation on pickleball, what it is, how it started, and who typically plays. Additional information can be found at www.usapa.org. The commissioners asked questions about using hockey rinks for pickleball, potential locations within the City of Mendota Heights, and training opportunities. 5.b Rules of Order Recreation Program Coordinator Meredith Lawrence presented the Mendota Heights Parks and Recreation Commission Rules of Order, which are reviewed each year in January to ensure all commissioners are up-to-date and informed. One item of note was that the commission would be voting in February 2018 for the Chair and Vice-chair positions. Chair Hinderscheid made the observation that one issue that has come up in the past is when the Commission has needed to respond to something quickly is whether or not this body needs to be concerned about the Open Meeting Law. It has been his understanding that because the Commission does not make decisions they do not need to be concerned about that. page 15 Assistant City Administrator Cheryl Jacobson replied that generally the Commission complies with Open Meeting Law rules. They are an appointed commission by the City Council, they have Rules of Order, and all of the meetings are posted; so generally they follow the Open Meeting Law. Commissioner Goldade, in regards to item 2.2 – Absenteeism, asked if the “four unexcused absences” referred to an annual timeframe or during the commissioner’s 3-year term. Secondly, this section refers to a Secretary and he was unsure who that was. Ms. Lawrence replied that the absenteeism is on an annual basis; Ms. Jacobson concurred. She also noted that the Secretary is appointed by the City Administrator from City Staff. That person is currently Ms. Lawrence, who acts as the liaison for the commission and there is a professional minute taker that takes the minutes and supports her in that secretarial role. 5.c Scholarship Donation Program Research At the December 2017 meeting the commission requested that staff research the option of a scholarship opportunity for residents to give for the fee assistance program that would be used in 2018. Ms. Lawrence attended an MRPA (Minnesota Recreation and Park Association) meeting on December 15, 2017 where they discussed programming for low income families and areas. This topic was brought up by her to see if other cities had a program, if it worked, and how they used it. She then listed the ideas and things that other cities had or are currently using: • Water bill donation program (round up to the next dollar) o This was not successful because of the low percentage of resident participation and with staff time no revenue for the donation program was generated • 5k run to support the donation program o Was not very successful • Sponsorship program at local parks and facilities o Donations to the program would result in a logo or sign at a local park or field • Reaching out to local businesses to donate money to scholarship donation program • Registration checkout option o Ms. Lawrence is checking to see if this is something the city’s current registration system is even able to do When asked, Ms. Lawrence noted that the system the city currently uses is called RegWerks and they are out of Bloomington, MN. Chair Hinderscheid asked how difficult would it be to set up an online donation on the City’s website. Ms. Lawrence replied that the city is working on a new website and she was unsure if this could be set up on there. Ms. Jacobson replied that at this time they are working on redesigning the city’s website and hoping to work with the finance department to offer some of those new technology enhancements. Once that has been incorporated it may be possible to offer something like this. Commissioner Goldade asked if the MRPA had belief statements that would support having a scholarship program. Ms. Lawrence replied that at the meeting they discussed programming for low income families in area. She believes that MRPA feels strongly about including as many page 16 children and youth in programming as possible. Finding ways to do that through scholarship programs/fee assistance program is important. The information provided was in response to the commission’s inquiry and Ms. Lawrence indicated that she would like to do additional research before the Commission were to make any suggestions or decisions to move forward. Chair Hinderscheid suggested that this be brought up or highlighted during the Parks Celebration. Ms. Lawrence indicated that local businesses are approached to donate funds to the Parks Celebration so that it is free to the public. She raised concerns about asking for too much money at one time from the local businesses. Chair Hinderscheid clarified that he was thinking more along the lines of promoting the idea of residents donating to the Scholarship Program. Commissioner Levine noted that she really liked the water donation program and if it was properly advertised, like in the Heights Highlights, it would be successful. The only issue noted was that the water bill payments go directly to the St. Paul Regional Water Services for processing and it may be difficult to have a system in place to divert the ‘rounding up’ funds back to the city and into the Scholarship Fund. 5.d Certified Playground Safety Inspection Research Ms. Lawrence noted that this was another item that the Commission had requested further research. She spent time talking with surrounding communities to determine what their playground safety procedures were. The Certified Playground Safety Inspector certification is offered through the NRPA (National Recreation and Park Association). This is the leading certification program in this industry and offers comprehensive, up-to-date training on playground safety issues. Applicants must be 18 years of age or older and have a high school diploma or equivalent. The course costs approximately $680 per person and the next local course offering is in Plymouth, MN on March 14 – 16, 2018. The fee covers the CPSI Course and Certification Exam. City staff does currently do playground inspections 2-3 times per month on a rotating schedule, checking for loose hardware and making sure the rubber mats are cleaned off and that everything is in proper working order. Wood chips are added to the playgrounds when necessary 2-3 times a year. Ms. Lawrence also provided responses from West Saint Paul, South Saint Paul, Eagan, and Inver Grove Heights on the CPSI program. Mendota Heights does a lot more inspections than these cities do. Some of them are not certified but they use the Minnesota League of Cities playground checklist during their inspections. Commissioner Klepperich noted that each commissioner is assigned a park when they become a part of the commission and he had found a safety issue at Valley Park this summer and it was taken care of the very next day. Commissioner Hinderscheid said that he would be in support of having someone certified to do formal inspections with records kept of that inspection. He expressed satisfaction and support of staff dong the inspections; however, having a formalized method is probably warranted. page 17 Public Works Director Ryan Ruzek proposed that staff document for this first year and then take a look. As long as the city has a program and is documenting their findings they should be released from most liabilities that would happen. Without the documentation, it is correct that the city would be vulnerable. He was unsure if having a certified inspector would be an improvement over just having documentation. Commissioner Hinderscheid noted that before their thoughts were a little bit different. Mr. Sloan Wallgren was trained as a certified inspector. Mr. Ruzek replied that when Mr. Wallgren was the Park and Recreation Coordinator he was the assistant city engineer and they did not discuss any of those issues. He was unsure what Mr. Wallgren’s role was and whether or not he documented any inspections. The suggestion was made that staff document the inspections for this first year as a definite step in the right direction. Mr. Ruzek also noted that with a park staff of three people it would difficult to send one to attend the class to be certified and then be dedicated to the inspections. Commissioner Goldade noted that he also supported the collection of data. He asked that the number of times that the city receives a request for financial assistance due to injuries caused or are happening at the parks. Staff agreed to provide that information. Commissioner Goldade also suggested that certification needs be reviewed with the city’s liability insurance and discover their expectations. He also suggested that the city somehow partner with the school district as they do have certified playground inspectors. 5.e Student Representative Update Ms. Lawrence noted that the Parks and Recreation Commission Student Representatives Myles Bowen and Clair Dunham both have terms that expire January 31, 2018. Myles is away at college so he will complete his term on January 31, 2018 and Clair Dunham has graciously accepted to stay on through the end of the school year. At the last City Council Meeting on January 2, 2018 Council gave direction to staff to contact local high schools for possible student representatives for the commission for a one-term position to start on June 1, 2018. Each term would be a one year period. Ms. Lawrence will begin this recruiting process within the next month. Chair Hinderscheid expressed his appreciation to Ms. Dunham for being diligent in her attendance and stated that her views are very important. He believed the commission should find ways to engage her more as that would help them in making decisions. 6. Reports 6.a Natural Resource Update Purple Loosestrife Public Works Director Ryan Ruzek provided the Natural Resources Update by explaining that staff has been noticing a number of invasive species popping up in large number in recent years. One of the latest discoveries is an infestation of Purple Loosestrife. Chemical treatments can be done; however, staff has been looking at more of an environmental-friendly treatment. page 18 The Minnesota Department of Natural Resources (MnDNR) has successfully used a biological control with beetles and weevils. A permit has been applied for through the DNR to collect these bugs this spring and release them in the hopes that they establish themselves and provide a benefit to the wetland. Concerns were raised with the introduction of Asian Beetles chasing people out of the parks in other areas. Mr. Ruzek replied that staff would be working closely with the DNR and Dakota County Soil and Water Conservation District as they have both completed these treatments with no adverse affects to the community. Valley Park Mr. Ruzek continued by explaining that staff is working with Great River Greening and Xcel Energy on re-vegetating the power line corridor that runs through Valley Park with a more pollinator friendly mix that would provide better habitat. This will be at least a 3-year project and will be funded through a $27,000 grant, of which the city is required to match $7,500 over the next three years. Xcel Energy will be providing an in kind match with labor and Great River Greening will be coordinating large volunteer events. Marie Avenue Underpass / Trail In 2019, Mendota Heights is proposing to reconstruct Marie Avenue. Dakota County is wanting the city to replace the existing pedestrian underpass under Marie Avenue and they want the city to extend the trail more directly north so it would not be a 90-degree turn around the tennis courts. Both projects will need to be coordinated together. The underpass and the trail would be completed using County funds, not City funds. Although surveying has not been done and a route has not been determined, it was noted that a straighter trail route would put the path right through the pine forest. Mr. Ruzek replied that staff would definitely take the pine forest into consideration as the alignment is chosen. A meeting has been scheduled with Dakota County on January 22, 2018. Cherokee Heights The city entered into a Joint Powers Agreement with the Cities of St. Paul and West St. Paul as the cities have combined surface water that runs north of Annapolis (Highway 13) through a culvert underneath the Cherokee Heights Boulevard and then down the Cherokee Heights Ravine. There is an abundance of erosion in this channel. The City has been awarded a $700,000 clean water grant for the stabilization of the Cherokee Heights Ravine and with that grant the city incorporated additional stormwater improvements. Word received from the WMO that this may be the largest grant ever handed out for clean water funds. Upon being asked, Mr. Ruzek revealed that this area is near where the Highway 13 landslide occurred. Cherokee Heights is where Highway 13 takes a sharp turn to the east, heading into West St. Paul – above where the landslide was. There is a natural ravine that runs down the bluff to the river and they would actually be stabling the upper part of the ravine. St. Paul Parks would be in charge of the natural area and owns a lot of that land in Lilydale, but because Mendota Heights is a contributor to the stormwater system they have an obligation to assist with the project. page 19 Aquatic Invasive Species (AIS) Dakota County has extended the grant submittal deadline for aquatic invasive species management to February 9, 2018. This grant program can be used for education and outreach, early detection, population assessments, management of newer established aquatic invasive species population, watercraft inspection and decontamination, or even law enforcement. Mr. Ruzek indicated that Mendota Heights does not have a large issue with aquatic invasive species but he wanted to provide this information to the commission. Chair Hinderscheid recognized Ms. Leslie Pilgrim for volunteering to collect the insects and release them to the wetland north of City Hall, which has a large infestation of Purple Loosestrife. The Commission asked questions and made suggestions regarding the best way for residents or volunteers to get involved in these and other projects within the city – calling the city directly, posting on the Facebook page, Heights Highlights, compiling a volunteer mailing list, etc. Ms. Dunham, upon being asked, noted that there are many clubs and sports teams that would do fund raising events to help clean up a park or work on a project such as these. Motion Hinderscheid / second Levine to request the City Council increase the amount of funds in the Invasive Species Control Program in the 2019 budget Ms. Jacobson suggested that staff keep this in mind and bring it back later, when it is closer to budget planning time, for possible inclusion of other suggestions and wishes. Chair Hinderscheid withdrew his motion and Ms. Levine seconded the withdrawal. 6.b Par 3 Update Recreation Program Coordinator Meredith Lawrence noted that at the last commission meeting, the commissioners had requested information on the 2016 financials. That information was included in the staff report to the commissioners. She did state that staff would not have the 2017 financials until late February or early March. When that information is available she will bring it to the commission. She also noted that for the last two months staff had been contacting golf accounting software companies to demonstrate products and obtain pricing for a new accounting system. Staff is working to figure out what the best product would be. The commission asked questions on various line items when comparing 2016 final numbers with November 2017 numbers. Ms. Lawrence replied that the budget, revenue, and expenditures were set before she came onboard and she was unable to make any changes to that. Hopefully they can promote the course better this year and use their marketing strategies more effectively. It was asked if the new accounting software would have a component where a player’s email address could be obtained and send a follow-up survey on their experience. Ms. Lawrence replied that it is a component of the systems they are considering. page 20 6.c Recreation Program Updates Recreation Program Coordinator Meredith Lawrence provided some of the numbers of skaters using the rinks by location and the temperature of the weather. The City of Mendota Heights has had a lot of skaters this season, and it is great the rinks have been so widely used. The warming house at Friendly Hills has been completed; skating lessons started on Saturday. At this rink and others, the city offers five different classes with 27 participants this year. The classes run through February 3, 2018. There were two field trips in December; bowling at Drkula’s Bowl and a movie at the AMC Theater. There were 27 participants, an increase from last year. The second event was tubing at Wild Mountain in Taylors Falls with 15 participants. The Royal Ball has been scheduled for Sunday, February 11. Registrations are still being taken and the event will include crafts, games, meet and greets with real princesses and princes, DJ, refreshments, and lots of dancing. This will take place at the Concord Exchange from 3:00 – 5:00 p.m. Ms. Lawrence met with Mr. Mark Rodriguez from 3rd Lair and discussed the Roger’s Lake Skateboard Park. It was decided that staff would have a maintenance schedule for the commission to review in February 2018. Mr. Rodriguez will come and explain the proposal and answer any questions the commission may have. 6.d Comprehensive Plan Update Recreation Program Coordinator Meredith Lawrence provided a copy of the Mendota Heights 2040 Comprehensive Plan Update, Draft Goals & Policies for review and conditional consideration. This version provided the changes made based on the feedback from the commission in November 2017. 6.e Planning Report Chair Hinderscheid asked if the Friendly Hills Warming House had been completed. Mr. Ruzek replied that the warming house has been completed as well as the lighting. However, staff did have to come back and adjusted the lights to a lower angle based on neighborhood complaints. The two neighbors who had complaints have indicated that they are satisfied with the adjustments. Chair Hinderscheid asked if there was still an open issue concerning the fishing on Wagon Wheel and the culvert that was closed. Mr. Ruzek replied that this is still an open item. The Rogers Lake Property Owners Association was going to be coordinating that meeting with the DNR – not the city staff. He will be having discussions with the association over the next month as they gear up for the annual treatment of the weed overgrowth in Rogers Lake. In regards to the ash disposal at Rogers Lake, Mr. Ruzek spoke with Public Works about it last fall. They do not see an issue with that being a problem. They empty out the coals weekly and it has not been a concern for them and they were not supportive of adding a special hot ash bin in any of the parks. page 21 Student Representative Clair Dunham stated that when she asked about Pickleball she also asked about things that teens would like to do in the summer. She had some ideas that would be really fun for teens and families. Suggestions included: • Kickball tournament • Open mic night • Movie night in the park(s) 7. Announcements and Commission Comments Recreation Program Coordinator Meredith Lawrence noted that she met with Student Representative Clair Dunham last week and expressed appreciation for her feedback and stated that she has a very distinct and important voice for youth and young adults in the community. Commissioner Goldade expressed his excitement for the summer offerings through Parks & Recreation. He did ask if a new tennis coordinator would be hired or if Ms. Lawrence would be wearing both hats. Ms. Lawrence replied that they would be hiring a new instructor. Commissioner Goldade also thanked Mr. Ruzek for the Natural Resource Update. He also noted that he believed Pickleball lessons were being taught in high school PhyEd classes in Rogers. He looks forward to hearing from the Council on the fee assistance program. Kudos to the ice rink staff and all reports indicate that the warming house staff is friendly and the folks flooding the rinks are doing a great job. Commissioner Klepperich expressed his appreciation to the city staff members for their help and support, and for their participation this evening. He gave thanks to Ms. Dunham for her presence and participation. He also noted the great condition of the ice rinks. Commissioner Levine also expressed her high impression of the ice rinks and noted that they are a great place to have a party (fee is $25 to rent). She was also excited about the opportunities for citizens to get involved in the stewardship of our resources. Commissioner Tupper reiterated the appreciations made to Ms. Dunham for her insights and great ideas. She also expressed her thanks to staff for all of the research they put into helping inform the commission on issues and circling back and keeping track of things. Chair Hinderscheid thanked Mr. Malmgren for taking the time to share the information regarding Pickleball and thanked Ms. Dunham for her input. The commission had a great discussion on volunteer opportunities this evening and hopes to expand on that. He also expressed appreciation to Ms. Leslie Pilgrim for her volunteer efforts. He hoped citizens would connect with the Friday News as it is a great way for the commission to communicate with the residents. 8. Adjourn Motion Levine/Second Klepperich to adjourn the meeting at 8:12 PM AYES 5: NAYS 0: ABSENT: 2 Minutes Taken By: C. Darlene Oehlke Independent Contractor page 22 Request for City Council Action DATE: February 20, 2018 TO: Mayor, City Council, and City Administrator FROM: Lorri Smith, City Clerk SUBJECT: Approval of Temporary On-Sale Liquor License COMMENT: Introduction The City Council is asked to approve a temporary on-sale liquor license for Mendota Elementary School PTA. BACKGROUND Pursuant to State Statutes and our City Code, no person shall sell or give away liquor without first having received a license. Temporary On-Sale Liquor licenses shall be granted only to clubs and charitable, religious or nonprofit organizations for the sale of intoxicating liquor. The licenses are subject to final approval by the Director of Alcohol and Gambling Enforcement. Mendota Elementary School PTA, 1979 Summit Lane, is planning to hold an adult only dodgeball tournament as a fundraiser for the PTA to help fund school programs. They have requested a temporary liquor license to allow for the consumption of wine and beer at the event. No students or children will be present at the event. The event will take place from 6:00 pm to 9:00 pm on Saturday, April 21, 2018, at the Mendota Elementary School gymnasium. The PTA has submitted an application, paid the fee, and submitted a certificate of insurance for liquor liability. It should be noted that Temporary Liquor licenses have been issued in the past to charitable, nonprofit and religious organizations within the city with no incidents or negative reports. RECOMMENDED ACTION Staff recommends the City Council approve a temporary liquor license for Mendota Elementary School PTA for Saturday, April 21, 2018. page 23 REQUEST FOR COUNCIL ACTION DATE: February 20, 2018 TO: Mayor, City Council, and City Administrator FROM: Ryan Ruzek, P.E., Public Works Director SUBJECT: Cherokee Heights Ravine Stabilization – Approve Amended JPA COMMENT: INTRODUCTION The Council is asked to approve a Joint Powers Agreement (JPA) with the Cities of Saint Paul, West St. Paul and the Lower Mississippi Watershed Management Organization (LMRWMO) for the Cherokee Heights Ravine Stabilization Project. BACKGROUND The City of Mendota Heights entered into a JPA with the Cities of St. Paul and West St. Paul at their August 15, 2017 meeting. At the time of the First Agreement, Mendota Heights agreed to its share of the Feasibility Study, Design and Inspection, and Construction costs associated with the Cherokee Heights Upper Ravine Stabilization. Mendota Heights is a 12% (twelve percent) partner in this project. The estimate for this work based on the First Agreement identified Mendota Heights paying between $87,862 to $123,862. DISCUSSION The LMRWMO applied for Clean Water Legacy Funds from the Minnesota Board of Water and Soil Resources (BWSR) and was awarded a grant of $700,000 for this project if the project included additional water treatment aspects. The LMRWMO and the Partners met and are proposing to add two hydrodynamic separator stormwater treatment devices, and add addition bank stabilization. The additional work and treatment devices are projected to add $75,500 in Design and Inspection costs; the construction costs are projected to increase as well--$60,000 each for the treatment devices and additional stabilization in undetermined at this time. There will also be additional administrative costs from the LMRWMO for management of the grant reporting. BUDGET IMPACT The estimated projects costs are: First Agreement Current • Feasibility Study (completed) - $80,186.74 Unchanged • Final Plans for bidding - $101,000 $146,500 • Construction - $500,000-$800,000 $900,000-$1,300,000 • Construction Inspection - $51,000 $82,000 • CLEAN WATER GRANT ($700,000) page 24 The storm water utility fund would have the funds for this improvement. RECOMMENDATION Staff recommends that council approve the amended JPA. ACTION REQUIRED Staff recommends that the city council pass a motion adopting: Resolution 2018-15 APPROVE AGREEMENT BETWEEN MENDOTA HEIGHTS, SAINT PAUL, WEST SAINT PAUL AND THE LOWER MISSISSIPPI WATERSHED MANAGEMENT ORGANIZATION (LMRWMO) REGARDING THE EROSION STABILIZATION OF THE CHEROKEE HEIGHTS UPPER RAVINE AND INSTALLATION OF TWO HYDRODYNAMIC SEPERATOR STORMWATER TREATMENT DEVICES. This action requires a simple majority vote. page 25 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION 2018-15 APPROVE AGREEMENT BETWEEN MENDOTA HEIGHTS, SAINT PAUL, WEST SAINT PAUL AND THE LOWER MISSISSIPPI WATERSHED MANAGEMENT ORGANIZATION (LMRWMO) REGARDING THE EROSION STABILIZATION OF THE CHEROKEE HEIGHTS UPPER RAVINE AND INSTALLATION OF TWO HYDRODYNAMIC SEPERATOR STORMWATER TREATMENT DEVICES WHEREAS, the cities of Mendota Heights, Saint Paul and West St. Paul (“Partners”) previously entered into an agreement for the Erosion Stabilization Project Cherokee Heights Upper Ravine, approved in or around August and September of 2017 (“First Agreement”); and WHEREAS, it is considered mutually desirable by the Partners and LMRWMO to stabilize the Cherokee Heights Upper Ravine and install two hydrodynamic separator stormwater treatment devices (“Project”); and WHEREAS, the LMRWMO has applied for and received a grant from the Minnesota Board of Water and Soil Resources of $700,000 for the project; and WHEREAS, the Partners and LMRWMO now intend to terminate the First Agreement and replace it with this agreement (“Agreement”); and WHEREAS, the Partners and LMRWMO will share in the Project costs, responsibilities, and relate activities as set forth in this Agreement, and WHEREAS, the City of Saint Paul is the lead entity on the Project, when the attached Agreement is executed; and NOW THEREFORE BE IT RESOLVED by the City of Mendota Heights that the City execute the attached Agreement and forward it to the Cities of Saint Paul and West St. Paul and the LMRWMO for execution. Adopted by the City Council of the City of Mendota Heights this twentieth day of February, 2018. CITY COUNCIL CITY OF MENDOTA HEIGHTS Neil Garlock, Mayor ATTEST _________________________ Lorri Smith, City Clerk page 26 AGREEMENT Between Saint Paul, West St. Paul, Mendota Heights, and the Lower Mississippi River Watershed Management Organization Cherokee Heights Stormwater Management and Ravine Stabilization Project THIS AGREEMENT, is made and entered into by and between the City of Saint Paul (“Saint Paul”), the City of West St. Paul (“West St. Paul”) the City of Mendota Heights (“Mendota Heights”) (collectively the “Partners”), and the Lower Mississippi River Watershed Management Organization (“LMRWMO”) and witnesses the following: WHEREAS, under Minnesota Statutes Sections 471.59, subd. 1, two or more governmental units may enter into an Agreement to cooperatively exercise any power common to the contracting parties, and one of the participating governmental units may exercise one of its powers on behalf of the other governmental units; and WHEREAS, it is considered mutually desirable to stabilize the Cherokee Heights Upper Ravine; and WHEREAS, the Partners previously entered into an agreement for the Erosion Stabilization Project Cherokee Heights Upper Ravine, approved by the Partners in or around August and September of 2017 (“First Agreement”); and WHEREAS, the LMRWMO has applied for and received a grant from the Minnesota Board of Water and Soil Resources of $700,000 for the Cherokee Heights Stormwater Management and Ravine Stabilization Project; and WHEREAS, the Partners and the LMRWMO now wish to jointly participate in the costs of the feasibility study, preparation of plans and specifications, construction, and construction inspection services for the Project as outlined in the First Agreement; and WHEREAS, the Partners and LMRWMO now intend to terminate the First Agreement and replace it with this agreement (“Agreement”); and WHEREAS, the Partners and the LMRWMO will share Project costs, responsibilities, and related activities as set forth in this Agreement. BACKGROUND Multi-jurisdictional storm water runoff from about 70-acres discharges to a low area (basin) located in Saint Paul just north of Annapolis Street and east of Cherokee Heights. The storm water runoff is collected via storm sewer piping and is then conveyed beneath Cherokee Heights by a 60-inch diameter culvert owned and maintained by Saint Paul. High flow rates and velocities have caused erosion problems on the upstream and downstream end of the culvert. page 27 Downstream of the 60-inch culvert storm water runoff flows down the bluff through a steep ravine area (upper ravine) and eventually flows to Pickerel Lake. The Cherokee Heights upper ravine channel has significant erosion along the channel bottom and side slopes, including undercutting of the toe of slope, which contributes to the instability of the ravine side slopes. In 2015 a Cherokee Heights Culvert Analyses and Erosion Control Feasibility Study was completed for the LMRWMO. See Exhibit A for the final study report, as received and accepted by the Project Partners and LMRWMO. The $80,186 cost to complete the feasibility study was paid for by Saint Paul. The Project Partners participated in the progress and review of the feasibility study. To minimize erosion of the upper ravine channel and side slopes, and reduce the instability of the adjacent banks, the selected option (Downstream Channel Stabilization Option) from the 2015 feasibility study includes regrading and stabilizing the channel by armoring the channel with rip- rap and a properly graded filter material to prevent migration of underlying fine-grained soils through the rip-rap. High flow velocities in the upper ravine channel preclude use of many bio- engineering techniques for stabilization, as these techniques typically cannot withstand the magnitude of the flow velocities. Project costs not eligible for and not paid for by the Grant shall be paid as follows: • Saint Paul = 69% • West St. Paul = 19% • Mendota Heights = 12% PROJECT PURPOSE AND GOALS The Partners and the LMRWMO have determined the need to complete the Project (see Exhibit A). The purpose and goals of this Project are: • Prepare construction plans and specifications to rehabilitate and stabilize the Cherokee Heights upper ravine, immediately downstream and upstream of the 60-inch culvert and install two hydrodynamic separator stormwater treatment devices to treat stormwater runoff from the contributing watershed • Erosion stabilization measures to be designed and constructed to handle a 100-year storm event. • Complete Project plans, specifications, and bidding documents in 2018. • Complete Project construction by the December 31, 2019. NOW, THEREFORE, IT IS AGREED AS FOLLOWS: AGREEMENT • Definitions • “Consultant” means Barr Engineering. page 28 • “LMRWMO” means the Lower Mississippi River Watershed Management Organization. • “LMRWMO” JPA” means the JPA that governs the LMRWMO. • “BWSR” means the MN Board of Water and Soil Resources 1.5 “Project” is the engineering design, inspection, and construction to stabilize the Cherokee Heights Upper Ravine. 1.6 “Grant” means the grant from the Minnesota Board of Soil Resources in the total amount of $700,000 to the LMRWMO for the Cherokee Heights Stormwater Management and Ravine Stabilization Project including the LMRWMO Grant work plan. See Grant work plan for grant amounts eligible for Project engineering and construction costs. • Terms of Agreement 2.1 LMRWMO JPA: The provisions contained within the current version of the LMRWMO JPA shall be incorporated into this Agreement, including Section 9, “Construction of Improvements.” Where there appears to be a discrepancy between the LMRWMO JPA and this Agreement, the provisions of this Agreement shall govern. 2.2 GRANT: The Grant application, Grant agreement, and Grant work plan are incorporated into this Agreement. The Partners agree to be bound by and to comply with the terms and requirements of the Grant work plan as determined by the LMRWMO and BWSR grant guidelines. Partners also agree to be responsible for any penalties due for failure to comply with the Grant Agreement. The Grant Agreement and work plan is incorporated herein by reference. If there are any inconsistencies or conflicts between this Agreement and the Grant Agreement, the terms of the Grant Agreement shall control. 2.3 Effective Date: The date all required signatures are obtained by the Partners and the LMRWMO. This Agreement shall supersede and replace in its entirety the First Agreement. 2.4 Agreement Term: This Agreement shall expire on June 30, 2020 or until all obligations have been satisfactorily fulfilled, whichever occurs later, or until terminated or cancelled pursuant to Section 8. • Duties and Responsibilities between the Partners • Scope • Saint Paul will: • Act as the lead entity on the Project, executing and administering a professional services contract with a Consultant for final engineering design and construction inspection services for the Project tasks as set forth in Exhibit A. • Provide available information to the Consultant, as requested, in support of the Project. • Participate in meetings and discussions with the Consultant and Partners toward the successful completion of the Project. • Provide reimbursement requests to the LMRWMO for project costs page 29 • Be responsible for long term maintenance of the final installation of the project, following BWSR Grant requirements and for a period of no less than 25 years. The Partners and the LMRWMO will enter into a maintenance agreement outlining necessary maintenance to be performed prior to project completion. • The Partners will: • Participate in meetings and discussions with the Consultant toward the successful completion of the Project. • Participate in the shared costs of the Project as outlined herein. • Participate in the shared maintenance of the hydrodynamic separator stormwater treatment devices. • West St. Paul will: • Provide available information to the Consultant, as requested, in support of the Project. • Participate in meetings and discussions with the Consultant and Partners toward the successful completion of the Project. • Mendota Heights will: • Provide available information to the Consultant, as requested, in support of the Project. • Participate in meetings and discussions with the Consultant and Partners toward the successful completion of the Project. (5) The LMRWMO will: a.. The LMRWMO will promptly pay Saint Paul after the quarterly receipt of written notification of invoiced and eligible costs. Payment to Saint Paul will be made within sixty (60) days of receiving funds from BWSR. b. Participate in meetings and discussions with the Consultant and Partners toward the successful completion of the Project. c. Approve all project documents and construction plans for the proposed work which is to be funded with the Grant. d. Perform all grant reporting and administration duties, utilizing a portion of the total grant amount as determined in the Grant work plan. • Payment • Consideration. This is a cost participation Project between the Partners. Below are estimated costs for the Project phases: • Feasibility Study (completed) = $80,186.74 • Engineering and Inspection = $220,000 to $250,000 • Construction = $900,000 to $1,300,000 • Compensation. Saint Paul will initially pay for the Project. page 30 Below are the cost sharing percentages for each of the Project Partners for costs not paid for from the Grant: • Saint Paul = 69% • West St. Paul = 19% • Mendota Heights = 12% In 2018 West St. Paul and Mendota Heights will reimburse Saint Paul for their cost shares of the completed Project “Feasibility Study.” In 2019 and 2020 West St. Paul and Mendota Heights will reimburse Saint Paul for their cost shares of the remaining Project costs as they occur. Any work completed prior to the Grant agreement being fully executed is not eligible for reimbursement from the LMRWMO using Grant funds. The LMRWMO is only obligated to pay for costs of the Project eligible under current BWSR Clean Water Fund Grant guidelines. The LMRWMO is only obligated to pay for Project costs using funds provided to the LMRWMO by BWSR for implementation of the Grant work plan. • Invoices. Saint Paul will provide the LMRWMO with quarterly invoices of incurred project costs. The LMRWMO will promptly pay Saint Paul after the quarterly receipt of written notification of invoiced and eligible costs. Payment to Saint Paul will be made within sixty (60) days of receiving funds from BWSR. After Grant funds have been expended, West St. Paul and Mendota Heights will promptly pay Saint Paul after receipt of written notification of project completion. Payment to Saint Paul will be made within forty-five (45) days of receipt of written notice. • Work Products, Reports and Documents The Partners and the LMRWMO will be included when Saint Paul receives oral and written analyses and briefings under Saint Paul’s agreement for Consultant services for the Project. In addition, document sharing will be facilitated by the participation of Partners project management team assigned to the Project. Saint Paul will provide West St. Paul, Mendota Heights, and the LMRWMO copies of all material generated during the course of the Project and a copy of its consultant’s final report. West St. Paul, Mendota Heights, and the LMRWMO shall make all requests for work products and documents through Saint Paul’s designated contact person named in Section 6 page 31 of this Agreement and shall not direct or attempt to direct the work of the consultant for the Project. The LMRWMO will be given the opportunity to review and comment on all project feasibility documents and construction documents at 30%, 60%, 90% and 100% completion milestones. All construction documents, change orders, or other work that impacts the Project cost must be approved by the LMRWMO authorized representative named in Section 6 prior to the authorization, bidding, or execution of such work in order to ensure conformance with BWSR grant requirements and the Grant work plan. • Authorized Representatives Saint Paul’s Authorized Representative is Bruce Elder, Sewer Utility Manager, St. Paul Public Works, 700 City Hall Annex, 25 W. Fourth Street, St. Paul, MN 55102, telephone: (651) 266-6248, or his designated successor. West St. Paul’s Authorized Representative is Ross Beckwith, City Engineer/ Public Works and Parks Director, 1616 Humboldt Avenue, West St. Paul, MN 55118, telephone: (651) 552-4130, or his designated successor. Mendota Height’s Authorized Representative is Ryan Ruzek, Public Work Director, 1101 Victoria Curve, Mendota Heights, MN 55118, telephone: (651) 452-1850, or his designated successor. The LMRWMO’s authorized representative is Joe Barten, Administrator, 4100 220th Street West, Suite 102, Farmington MN 55024, (651) 480-7784, or his designated successor. • Conflicts of Interest Saint Paul shall inform its consultant for the project about this Agreement and Partners’ funding provided under this Agreement. Saint Paul and its consultant for the project shall immediately discuss with the Partners any current or new client obligation of the firm which may directly conflict with the firm’s ongoing work under its agreement for consulting services with Saint Paul. • Audits and Record Keeping Saint Paul shall maintain for at least six (6) years all books, records, documents and other detailed records directly related to the performance of this Agreement in accordance with the general accepted accounting principles and practices of governmental entities. Upon request and reasonable notice, Saint Paul shall permit West St. Paul and Mendota Heights to examine and copy the books, records, documents, and other evidence maintained by Saint Paul. Saint Paul will provide the LMRWMO with detailed accounting of incurred project costs quarterly and a final detailed report of all project financials upon project completion. page 32 • Termination Saint Paul, West St. Paul, Mendota Heights, and the LMRWMO shall each have the right to terminate its participation in this agreement at any time without cause upon thirty (30) days written notice to the other parties. In the event of such a termination, the terminating entity will pay their share of the costs of the services satisfactorily performed prior to the date of termination, as determined by the remaining parties to this agreement. Saint Paul and the LMRWMO shall have the right to receive, use, and (subject to the provisions of the Minnesota Data Practices Act) distribute copies of all materials, work products, reports and documents prepared by the project consultant, pursuant to the consultant’s agreement for consulting services with Saint Paul, if such materials, work products, reports and documents were prepared prior to the termination of this Agreement. • Merger Agreement It is understood and agreed that the entire Agreement between the Partners is contained herein and that this Agreement supersedes any previous agreements between the Partners for the Cherokee Heights Stormwater Management and Ravine Stabilization Project and all oral agreements and negotiations between each of the Partners relating to the subject matter thereof. All items in this Agreement, which are incorporated or attached, are deemed part of the Agreement. Any alterations, variations, modifications, or waivers of provisions of this Agreement shall only be valid when they have been reduced to writing as an amendment to this Agreement and signed by the Partners. • Governing Law This Agreement shall be governed by and construed according to the laws of the State of Minnesota. Venue shall be in the state or federal courts of Minnesota. • Amendments, Waiver and Contract Complete • Amendments. The Partners and LMRWMO may choose to amend this agreement to include final engineering, construction, and other work necessary to implement an alternative selected as a result of this Project or for any other term and condition. Any amendment to this agreement must be in writing and will not be effective until it has been approved and executed by the parties. Any change orders and supplemental agreements that impact the Project cost must be approved by the Partners’ and LMRMWO authorized representatives in Section 6 prior to the execution or authorization of such work. • Waiver. If Saint Paul fails to enforce any provision of this agreement, that failure does not waive the provision or its right to enforce it. page 33 • Indemnification The Partners and LMRWMO each agree that they are solely responsible for and will hold harmless the others against any and all claims, liability, loss, damage, or expense arising under the provisions of this Agreement and caused by or resulting from their own negligent acts or omissions and/or those of their employees or agents. The Partners and LMRWMO recognize that liability for any claims arising under this Agreement are subject to the provisions of the Minnesota Municipal Tort Claims Law; Minnesota Statutes, Chapter 466 and expressly reserve all immunities, rights and privileges accorded thereunder. In the event of any claims or actions filed against another party, nothing in this Agreement shall be construed to allow a claimant to obtain separate judgments or separate liability caps from the individual parties. IN WITNESS WHEREOF, the Partners and LMRWMO have caused this agreement to be executed by their duly authorized representatives (see attached signature pages). page 34 Signatures CITY OF ST. PAUL This agreement is duly executed: By: _____________________ Title: Director of Public Works Date: Approved as to form: By: _____________________ Title: Assistant City Attorney Date: By: _____________________ Title: Office of Financial Services Date: By: _____________________ Title: Sewer Utility Manager Date: Funding Activity# INCLUDE COPY OF RESOLUTION APPROVING THE AGREEMENT AND AUTHORIZING ITS EXECUTION page 35 Signatures CITY OF WEST ST. PAUL This agreement is duly executed: By: _____________________ Title: Mayor Jenny Halverson Date: By: _____________________ Title: City Manager Ryan Schroeder Date: INCLUDE COPY OF RESOLUTION APPROVING THE AGREEMENT AND AUTHORIZING ITS EXECUTION page 36 Signatures MENDOTA HEIGHTS This agreement is duly executed: By: _____________________ Title: Mayor Date: By: _____________________ Title: City Clerk Date: INCLUDE COPY OF RESOLUTION APPROVING THE AGREEMENT AND AUTHORIZING ITS EXECUTION page 37 Signatures LOWER MISSISSIPPI RIVER WATERSHED MANAGEMENT ORGANIZATION This agreement is duly executed: By: ________________________________ Title: Chair Date: By: ________________________________ Title: Secretary/Treasurer Date: page 38 REQUEST FOR COUNCIL ACTION DATE: February 20, 2018 TO: Mayor, City Council, and City Administrator FROM: Ryan Ruzek, P.E., Public Works Director SUBJECT: Cooperative Construction Agreement with the Minnesota Department of Transportation for the Highway 149 (Dodd Road) Rehabilitation Project COMMENT: INTRODUCTION The Minnesota State Department of Transportation (MnDOT) is planning to rehabilitate State Trunk Highway 149 (Dodd Road) in 2018 which will impact city owned infrastructure in the State right-of-way. The city responsible for adjustments to its infrastructure and the Council is asked to approve the attached Cooperative Construction Agreement which will allow MnDOT’s contractor to perform these adjustments. BACKGROUND The project is being developed to improve multiple aspects of Highway 149. The pavement structure will be restored and the ride smoothness increased by resurfacing. Pedestrian safety and ADA improvements will be made by updating infrastructure to meet current ADA guidelines. Drainage infrastructure will be improved by repairing or replacing deficient infrastructure. The listed improvements will require adjustments to City owned manholes and water valves. DISCUSSION The City of Mendota Heights owns a sanitary sewer collection system located in State right-of- way and is responsible for adjustments to a water main also located in the same right-of-way. The Highway 149 (Dodd Road) rehabilitation project is projected to require adjustments to 24 sanitary sewer manholes and 60 water valves. The adjustments are shown in the plans and identified on Schedule I in the attached agreement. The State is currently estimating a value of $500 for each manhole adjustment and $250 for each water valve adjustment. These values will be updated with bid prices after the bid opening on April 27th. The State is also charging an 8% (eight percent) fee for administration and construction management. Additional costs may be incurred if additional parts are needed. The City has the option to perform these adjustments themselves or to independently contract for this work. The adjustment are outside of the scope of duties of public works staff and coordinating this work through a third party would be difficult. Staff is recommending that these structure be adjusted with the State project. page 39 BUDGET IMPACT The estimate for the water valve adjustments is $15,000 and the estimate for the sanitary sewer manhole adjustments is $12,000. The costs are proposed to be allocated to the respective utility fund budgets. RECOMMENDATION Staff recommends that the Council adopt Resolution 2018-16, A RESOLUTION ENTERING INTO A COOPERATIVE CONSTRUCTION AGREEMENT FOR HIGHWAY 149 (DODD ROAD) REHABILITATION. ACTION REQUIRED If Council wishes to act on the staff recommendation, pass a motion adopting Resolution 2018- 16, A RESOLUTION ENTERING INTO A COOPERATIVE CONSTRUCTION AGREEMENT FOR HIGHWAY 149 (DODD ROAD) REHABILITATION. This action requires a simple majority vote. page 40 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION 2018-16 A RESOLUTION ENTERING INTO A COOPERATIVE CONSTRUCTION AGREEMENT FOR HIGHWAY 149 (DODD ROAD) REHABILITATION IT IS RESOLVED, that the City of Mendota Heights enter into MnDOT Agreement No. 1029136 with the State of Minnesota, Department of Transportation for the following purposes: To provide for payment by the City to the State of the City’s share of the costs of the utility adjustment construction and other associated construction to be performed upon, along and adjacent to Trunk Highway No. 149 from Trunk Highway No. 494 in Mendota Heights to George Street in the city of Saint Paul within the corporate City Limits under State Project No. 1917-45 (T.H. 149=001). IT IS FURTHER RESOLVED, that the Mayor and the City Clerk are authorized to execute the Agreement and any amendments to the Agreement. Adopted by the City Council of the City of Mendota Heights this twentieth day of February, 2018. CITY COUNCIL CITY OF MENDOTA HEIGHTS ________________________________ ATTEST Neil Garlock, Mayor _________________________ Lorri Smith, City Clerk page 41 STATE OF MINNESOTA DEPARTMENT OF TRANSPORTATION And CITY OF MENDOTA HEIGHTS COOPERATIVE CONSTRUCTION AGREEMENT State Project Number (S.P.): 1917-45 Estimated Amount Receivable Trunk Highway Number (T.H.): 149=001 $29,160.00 State Project Number (S.P.): 6223-19 Trunk Highway Number (T.H.): 149=102 State Project Number (S.P.): 1902-79 Trunk Highway Number (T.H.): 13=194 Federal Project Number: STPF 1918(183) This Agreement is between the State of Minnesota, acting through its Commissioner of Transportation ("State") and City of Mendota Heights acting through its City Council ("City"). Recitals 1. The State will perform bituminous mill and overlay, signals, ADA improvement construction and other associated construction upon, along and adjacent to Trunk Highway No. 149 from Trunk Highway No. 494 in Mendota Heights to George Street in the City of St. Paul according to State-prepared plans, specifications and special provisions designated by the State as State Project No. 1917-45 (T.H. 149=001) ("Project"); and 2.The City wishes to participate in the costs of the utility adjustment construction and associated construction engineering; and 3. Agreement No. 1029200 between the State and City of St. Paul will address signals, lighting, and utility adjustment construction and related maintenance; and 4. Agreement No. 1029199 between the State and City of West St. Paul will address signals, lighting, and utility adjustment construction and related maintenance; and 5.Agreement No. 1030402 between the State and St. Paul Regional Water Services will address water main items; and 6. Minnesota Statutes § 161.45, subdivision 2, allows for City-owned utility relocation to be included in a State construction contract, and payment by the City for such relocation according to applicable statutes and rules for utilities on trunk highways; and 7.Minnesota Statutes § 161.20, subdivision 2 authorizes the Commissioner of Transportation to make arrangements with and cooperate with any governmental authority for the purposes of constructing, maintaining and improving the trunk highway system. Agreement 1.Term of Agreement; Survival of Terms; Plans; Incorporation of Exhibits 1.1. Effective Date. This Agreement will be effective on the date the State obtains all signatures required by Minnesota Statutes § 16C.05, subdivision 2. 1.2. Expiration Date. This Agreement will expire when all obligations have been satisfactorily fulfilled. 1.3. Survival of Terms. All clauses which impose obligations continuing in their nature and which must survive in order to give effect to their meaning will survive the expiration or termination of this Agreement, including, without limitation, the following clauses: 3. Maintenance by the City; 8. Liability; Worker page 42 Compensation Claims; 10. State Audits; 11. Government Data Practices; 12. Governing Law; Jurisdiction; Venue; and 14. Force Majeure. 1.4. Plans, Specifications, Special Provisions. Plans, specifications, and special provisions designated by the State as State Project No. 1917-45 (T.H. 149=001) are on file in the office of the Commissioner of Transportation at St. Paul, Minnesota, and incorporated into this Agreement by reference ("Project Plans"). 1.5. Exhibits. Preliminary Schedule "I" is on file in the office of the City's Public Works Director and incorporated into this Agreement by reference. 2. Construction by the State 2.1. Contract Award. The State will advertise for bids and award a construction contract to the lowest responsible bidder according to the Project Plans. 2.2. Direction, Supervision and Inspection of Construction. A. Supervision and Inspection by the State. The State will direct and supervise all construction activities performed under the construction contract, and perform all construction engineering and inspection functions in connection with the contract construction. All contract construction will be performed according to the Project Plans. B. Inspection by the City. The City participation construction covered under this Agreement will be open to inspection by the City. If the City believes the City participation construction covered under this Agreement has not been properly performed or that the construction is defective, the City will inform the State District Engineer's authorized representative in writing of those defects. Any recommendations made by the City are not binding on the State. The State will have the exclusive right to determine whether the State's contractor has satisfactorily performed the City participation construction covered under this Agreement. 2.3. Plan Changes, Additional Construction, Etc. A. The State will make changes in the Project Plans and contract construction, which may include the City participation construction covered under this Agreement, and will enter into any necessary addenda and change orders with the State's contractor that are necessary to cause the contract construction to be performed and completed in a satisfactory manner. B. The City may request additional work or changes to the work in the plans as part of the construction contract. Such request will be made by an exchange of letter(s) with the State. If the State determines that the requested additional work or plan changes are necessary or desirable and can be accommodated without undue disruption to the project, the State will cause the additional work or plan changes to be made. C. The State reserves the right to invoice the City for the cost of any additional City requested work and plan changes, including associated construction engineering, before the completion of the contract construction. 2.4. Satisfactory Completion of Contract. The State will perform all other acts and functions necessary to cause the construction contract to be completed in a satisfactory manner. Acceptance by the State of the completed contract construction will be final, binding, and conclusive upon the City as to the satisfactory completion of the contract construction. 2.5. Replacement of Castings. Adjustments to certain City-owned facilities, including but not limited to, valve boxes and frame and ring castings, may be performed by the State's contractor under the construction contract. The City will furnish the contractor with new units and/or parts for those in place City-owned facilities when replacements are required and not covered by a contract pay item, without cost or expense to the State or the contractor, except for replacement of units and/or parts broken or damaged by the contractor. page 43 3. Maintenance by the City Upon completion of the project, the City will provide the following without cost or expense to the State: 3.1. Municipal Utilities. Maintenance of any municipal-owned utilities construction, without cost or expense to the State. 3.2. Additional Drainage. Neither party to this Agreement will drain any additional drainage volume into the storm sewer facilities constructed under the construction contract that was not included in the drainage for which the storm sewer facilities were designed, without first obtaining written permission to do so from the other party. The drainage areas served by the storm sewer facilities constructed under the construction contract are shown in a drainage area map, EXHIBIT "Drainage Area", which is on file in the office of the State's District Hydraulics Unit at Roseville and is incorporated into this Agreement by reference. 4. Basis of City Cost 4.1. Schedule "I". The Preliminary Schedule "I" includes all anticipated City participation construction items and the construction engineering cost share covered under this Agreement, and is based on engineer's estimated unit prices. 4.2. City Participation Construction. The City will participate in the following at the percentages indicated. A. 100 Percent will be the City's rate of cost participation in all of the utility adjustment construction. The construction includes, but is not limited to, those construction items tabulated on Sheet No. 2 of the Preliminary Schedule "I". 4.3. Construction Engineering Costs. The City will pay a construction engineering charge equal to 8 percent of the total City participation construction covered under this Agreement. 4.4. Plan Changes, Additional Construction, Etc. The City will share in the costs of construction contract addenda for the City participation construction covered under this Agreement and any additional City requested work and plan changes. The State reserves the right to invoice the City for the cost of any construction contract addenda and any additional City requested work and plan changes, including associated construction engineering, before the completion of the contract construction. 5. City Cost and Payment by the City 5.1. City Cost. $29,160.00 is the City's estimated share of the costs of the contract construction and the 8 percent construction engineering cost share as shown in the Preliminary Schedule "I". The Preliminary Schedule "I" was prepared using estimated quantities and unit prices, and may include any credits or lump sum costs. Upon award of the construction contract, the State will prepare a Revised Schedule "I" based on construction contract unit prices, which will replace and supersede the Preliminary Schedule "I" as part of this agreement. 5.2. Conditions of Payment. The City will pay the State the full and complete lump sum amount, as shown in the Revised Schedule "I", after the following conditions have been met: A. Execution of this Agreement and transmittal to the City, including a copy of the Revised Schedule "I". B. The City's receipt of a written request from the State for the advancement of funds. 5.3. Final Payment, Additional City Requested Work. Upon completion of all contract construction and upon computation of the final amount due the State's contractor and only if additional work has been requested under Article 2.3.B of this Agreement, the State will prepare a Final Schedule "I" and submit a copy to the City. The Final Schedule "I" will be based on final quantities of any additional City requested participation page 44 construction items and the construction engineering cost share due to additional requested work. The computation by the State of the amount due from the City will be final, binding, and conclusive. The State and the City waive claims for any payments or refunds less than $5.00 according to Minnesota Statutes § 15.415. 6. Authorized Representatives Each party's Authorized Representative is responsible for administering this Agreement and is authorized to give and receive any notice or demand required or permitted by this Agreement. 6.1. The State's Authorized Representative will be: Name/Title: Maryanne Kelly-Sonnek, Cooperative Agreements Engineer (or successor) Address: 395 John Ireland Boulevard, Mailstop 682, St. Paul, MN 55155 Telephone: (651) 366-4634 E-Mail: maryanne.kellysonnek@state.mn.us 6.2. The City's Authorized Representative will be: Name/Title: Ryan Ruzek, Mendota Heights Public Works Director (or successor) Address: 1101 Victoria Curve, Mendota Heights, MN 55118 Telephone: (651) 255-1152 E-Mail: ryanr@mendota-heights.com 7. Assignment; Amendments; Waiver; Contract Complete 7.1. Assignment. Neither party may assign or transfer any rights or obligations under this Agreement without the prior consent of the other party and a written assignment agreement, executed and approved by the same parties who executed and approved this Agreement, or their successors in office. 7.2. Amendments. Any amendment to this Agreement must be in writing and will not be effective until it has been executed and approved by the same parties who executed and approved the original Agreement, or their successors in office. 7.3. Waiver. If a party fails to enforce any provision of this Agreement, that failure does not waive the provision or the party's right to subsequently enforce it. 7.4. Contract Complete. This Agreement contains all prior negotiations and agreements between the State and the City. No other understanding regarding this Agreement, whether written or oral, may be used to bind either party. 8. Liability; Worker Compensation Claims 8.1. Each party is responsible for its own acts, omissions and the results thereof to the extent authorized by law and will not be responsible for the acts and omissions of others and the results thereof. Minnesota Statutes § 3.736 and other applicable law govern liability of the State. Minnesota Statutes Chapter 466 and other applicable law govern liability of the City. 8.2. Each party is responsible for its own employees for any claims arising under the Workers Compensation Act. 9. Nondiscrimination Provisions of Minnesota Statutes § 181.59 and of any applicable law relating to civil rights and discrimination are considered part of this Agreement. page 45 10. State Audits Under Minnesota Statutes § 16C.05, subdivision 5, the City's books, records, documents, and accounting procedures and practices relevant to this Agreement are subject to examination by the State and the State Auditor or Legislative Auditor, as appropriate, for a minimum of six years from the end of this Agreement. 11. Government Data Practices The City and State must comply with the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as it applies to all data provided under this Agreement, and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by the City under this Agreement. The civil remedies of Minnesota Statutes §13.08 apply to the release of the data referred to in this clause by either the City or the State. 12. Governing Law; Jurisdiction; Venue Minnesota law governs the validity, interpretation, and enforcement of this Agreement. Venue for all legal proceedings arising out of this Agreement, or its breach, must be in the appropriate state or federal court with competent jurisdiction in Ramsey County, Minnesota. 13. Termination; Suspension 13.1. By Mutual Agreement. This Agreement may be terminated by mutual agreement of the parties. 13.2. Termination for Insufficient Funding. The State may immediately terminate this Agreement if it does not obtain funding from the Minnesota Legislature, or other funding source; or if funding cannot be continued at a level sufficient to allow for the performance of contract construction under the Project. Termination must be by written or fax notice to the City. 13.3. Suspension. In the event of a total or partial government shutdown, the State may suspend this Agreement and all work, activities, and performance of work authorized through this Agreement. 14. Force Majeure Neither party will be responsible to the other for a failure to perform under this Agreement (or a delay in performance), if such failure or delay is due to a force majeure event. A force majeure event is an event beyond a party's reasonable control, including but not limited to, unusually severe weather, fire, floods, other acts of God, labor disputes, acts of war or terrorism, or public health emergencies. [The remainder of this page has been intentionally left blank] page 46 page 47 PRELIMINARY SCHEDULE "I" Agreement No. 1029136 City of Mendota Heights S.P. 1917-45 (T.H. 149=001)Preliminary: January 23, 2018 S.P. 6223-19 (T.H. 149=102) S.P. 1902-79 (T.H. 13=194) Fed. Proj. STPF 1918(183) Bituminous mill and overlay, signals, and ADA improvements construction to start approximately June 1, 2018 under State Contract No. ____ with ____ located on T.H. 149 from T.H. 494 in Mendota Heights to George St. in the city of St. Paul. CITY COST PARTICIPATION 1917-45 Utility Adjustments (From Sheet No. 2)27,000.00 Construction Engineering (8%)2,160.00 (1)Total City Cost $29,160.00 (1) Amount of advance payment as described in Article 5 of the Agreement (estimated amount) page 48 (1) 100% CITY ITEM S.P. 1917-45 UNIT QUANTITY UNIT PRICE COST NUMBER WORK ITEM (1) 2504.602 ADJUST GATE VALVE EACH 60.00 250.00 15,000.00 2506.602 ADJUST FRAME AND RING CASTING EACH 24.00 500.00 12,000.00 TOTAL $27,000.00 (1)100% CITY $27,000.00 page 49 Request for City Council Action DATE: February 20, 2018 TO: Mayor, City Council and City Administrator FROM: Cheryl Jacobson, Assistant City Administrator SUBJECT: Resignation of Mackenzie Leydon and Recruitment to fill a Part-Time Receptionist Position Introduction The City Council is asked to accept the resignation of Mackenzie Leydon, City Hall Receptionist and authorize staff to begin the recruitment process to fill the position. Background Mackenzie (Mac) Leydon has submitted a letter of resignation as a part-time Receptionist for the City. Mac’s last day will be Friday, February 23. Mac has been a valuable part of the City’s customer service team since November, 2016. Mac is currently working towards a Masters in Public Administration and has accepted an administrative internship with the City of Minnetonka. The City wishes Mac the best of luck with this new opportunity and with the completion of his graduate degree. The Receptionist position is a job-share position. The weekly work hours are shared between two employees, who work a total of 40 hours over a two week pay period. Budget Impact Funding for the position is provided for in the 2018 budget. The hiring range for the position is $20.03 to $22.20 per hour which is Steps 1 through 4 of Grade 3 under the City’s pay plan. Recommendation Staff recommends that the City Council accept Mackenzie Leydon’s resignation effective February 23 and authorize staff to begin the recruitment process to fill the part-time Receptionist vacancy. Requested Action If the City Council concurs, it should, by motion, accept the resignation of Mackenzie Leydon and authorize staff to begin the recruitment process for a part-time Receptionist position. page 50 DATE: February 20, 2018 TO: Mayor and City Council FROM: Mark McNeill, City Administrator SUBJECT: City Hall Architect Contract Amendment #2 COMMENT: INTRODUCTION The Council is asked to approve a change in the total amount of compensation for architect for the City Hall remodeling project. BACKGROUND On February 7th, the City entered into a contract with JEA Architects for remodeling relating to mold and water issues in the lower level of City Hall. JEA did the design work, and had built into the scope of the contract a normal amount for contract oversight and monitoring. However, the project has been difficult to administer, and has required much more of the assistance of the architect to keep the project moving. In September, the amount of the architect’s fee was increased in amendment #1, to $68,500. However, that amount is now insufficient, and JEA has proposed an additional $10,100. I will note that in an effort to reduce architectural fees, City staff has taken over contract management where appropriate, and has used conference calls when possible to reduce the number of on-site visits by the architect. The architect has also not billed all of the possible hours that have been devoted to this project, has billed at a lesser per hour amount. BUDGET IMPACT Funding for the architectural work is the same as is the source of the remodeling work itself—the Water Tower Fund. The amount available for the remodeling project (which includes the architectural fees) is approximately $500,000. To date, approximately $322,045 has been expended or committed. page 51 A decision will need to be made on exterior masonry changes when weather permits. Those costs are not included. RECOMMENDATION I recommend that the agreement with JEA be modified, to increase the total compensation to $78,600. ACTION REQUIRED If the Council concurs, it should, by motion approve contract amendment #2 to increase the overall compensation maximum for design and management services to JEA Architects, to $78,600. Mark McNeill City Administrator page 52 page 53 page 54 page 55 page 56 page 57 page 58 page 59 Mendota Heights Fire Department Memo Date: February 20, 2018 To: Mayor, City Council and City Administrator From: Scott Goldenstein, Assistant Fire Chief Re: January 2018 Fire Synopsis Fire Calls The department responded to 16 calls for the month. Of those calls, 13 were located in Mendota Heights, one was in Lilydale and one in Sunfish Lake. In addition, the department was paged for a mutual aid request to Inver Grove Heights. In addition to the mutual aid call, the fire department responded to two sprinkler activations both in the Kensington townhome area. Both calls were determined to have been due to frozen sprinkler lines. The first was tied to an apparent furnace failure and the second occurred in a unit that was vacant. Both units sustained significant water damage. We also responded to a cooking fire that was confined to the oven, a medical assist call, four false fire alarm calls at residences, and two at commercial structures. We were called out for two carbon monoxide alarm calls and one call was for natural gas in a home due to a stove burner being left on. There was one unclassified call and finally, we were paged to a call for a bathroom fan that had started on fire but had been extinguished by an employee. Department Training Opportunities Beginning with the New Year, the Fire Department has stopped doing both squad drills and department drills and in their place offer “department trainings”. For January, the following topics were offered: Blood Borne Pathogens/Lock Out Tag Out? Right to Know (Mandatory per OSHA) Search - Class tested firefighter’s ability to search an area for miscellaneous pieces of equipment that they would later have to assemble in a particular order. This allowed firefighters to practice without the help of their vision and required teamwork with their partner. EMS (A Section and B Section) - Each firefighter will need to attend an A session and a B session to maintain their Emergency Medical Responder certification. (This requirement is waived if they are trained to a higher level (EMT or paramedic) because they have their own refresher requirements. Each firefighter MUST attend 14 training sessions including all topics deemed mandatory by the training department every 6 months. page 60 MENDOTA HEIGHTS FIRE DEPARTMENT JANUARY 2018 MONTHLY REPORT FIRE CALLS NO. 18001 -18016 NUMBER OF CALLS:16 FIRE ALARMS DISPATCHED:NUMBER STRUCTURE CONTENTS MISC.TOTALS TO DATE ACTUAL FIRES Structure - MH Commercial $0 Structure - MH Residential $0 Structure - Contract Areas $0 Cooking Fire - confined 1 $0 Vehicle - MH $0 Vehicle - Contract Areas $0 Grass/Brush/No Value MH Grass/Brush/No Value Contract TOTAL MONTHLY FIRE LOSSES MEDICAL Assist 1 $0 $0 $0 Extrication HAZARDOUS SITUATION FIRE LOSS TOTALS MENDOTA HEIGHTS Spills/Leaks Arcing/Shorting ALL FIRES, ALL AREAS (MONTH)$0 Chemical Power Line Down MEND. HTS. ONLY STRUCT/CONTENTS $0 FALSE ALARM Residential Malfunction 3 MEND. HTS. ONLY MISCELLANEOUS $0 Commercial Malfunction 1 Unintentional - Commercial 1 MEND. HTS. TOTAL LOSS TO DATE $0 Unintentional - Residential 1 Criminal GOOD INTENT Smoke Scare Carbon Monoxide Incident 2 STRUCTURE CONTENT Steam Mistaken for Smoke Other 5 SPRINKLER ACTIVATION - MH 80,000.00$ 15,000.00$ MUTUAL AID 1 TOTAL CALLS 16 LOCATION OF FIRE ALARMS:TO DATE LAST YEAR TOTALS:95,000.00$ MENDOTA HEIGHTS 13 13 16 MENDOTA 0 0 0 FIRE MARSHAL'S TIME FOR MONTH SUNFISH LAKE 1 1 3 LILYDALE 1 1 2 INSPECTIONS 32 OTHER 1 1 1 INVESTIGATIONS 0 TOTAL 16 16 22 RE-INSPECTION 0 WORK PERFORMED HOURS TO DATE LAST YEAR MEETINGS 2 FIRE CALLS 209.5 209.5 310 MEETINGS 90 90 34.5 ADMINISTRATION 13.5 DRILLS 294 294 165 SPECIAL ACTIVITY 2 2 149 PLAN REVIEW/TRAINING 2 FIRE MARSHAL 49.5 49.5 56.5 TOTAL:49.5 TOTALS 645 645 715 REMARKS:SEE OTHER SIDE FOR SYNOPSIS MISC LOSS page 61 2/14/2018 Mendota Heights Building Activity Report Mike Andrejka, Building Official January 1, 2018 thru January 31, 2018 January 1, 2018 thru January 31, 2018 January 1, 2017 thru January 31, 2017 January 1, 2016 thru January 31, 2016 Building Permit No.Valuation Fee Collected Building Permit No.Valuation Fee Collected Building Permit No.Valuation Fee Collected Building Permit No.Valuation Fee Collected SFD 2 1,250,000.00$ $13,469.78 SFD 2 1,250,000.00$ $13,469.78 SFD 0 -$ $0.00 SFD 0 -$ -$ Apartment 0 -$ $0.00 Apartment 0 -$ $0.00 Apartment 0 -$ $0.00 Apartment 0 -$ -$ Townhouse 4 696,000.00$ $8,921.25 Townhouse 4 696,000.00$ $8,921.25 Townhouse 0 -$ $0.00 Townhouse 4 1,015,000.00$ 11,653.66$ Condo 0 -$ $0.00 Condo 0 -$ $0.00 Condo 0 -$ $0.00 Condo 0 -$ -$ Misc 28 399,863.05$ 6,986.47$ Misc 28 399,863.05$ 6,986.47$ Misc 26 247,032.98$ 4,722.16$ Misc 23 523,802.00$ 6,212.11$ Commercial 1 50,960.00$ $739.25 Commercial 1 50,960.00$ $739.25 Commercial 3 233,285.00$ $3,403.59 Commercial 4 1,025,345.00$ 10,590.39$ Sub Total 35 2,396,823.05$ 30,116.75$ Sub Total 35 2,396,823.05$ 30,116.75$ Sub Total 29 480,317.98$ 8,125.75$ Sub Total 31 2,564,147.00$ 28,456.16$ Trade Permit No.Valuation Fee Collected Trade Permit No.Valuation Fee Collected Trade Permit No.Valuation Fee Collected Trade Permit No.Valuation Fee Collected Plumbing 27 $2,755.22 Plumbing 27 $2,755.22 Plumbing 6 $465.00 Plumbing 21 2,207.74$ Water 0 $0.00 Water 0 $0.00 Water 0 $0.00 Water 0 -$ Sewer 7 $525.00 Sewer 7 $525.00 Sewer 5 $388.00 Sewer 1 75.00$ Mechanical 50 $4,997.13 Mechanical 50 397.00$ $4,997.13 Mechanical 35 $4,793.91 Mechanical 39 3,331.85$ Sub Total 84 8,277.35$ Sub Total 84 8,277.35$ Sub Total 46 $5,646.91 Sub Total 61 5,614.59$ License No.Valuation Fee Collected Licenses No.Valuation Fee Collected Licenses No.Valuation Fee Collected Licenses No.Valuation Fee Collected Contractor 149 $7,450.00 Contractor 149 $7,450.00 Contractor 176 $8,800.00 Contractor 34 1,700.00$ Total 268 2,396,823.05$ 45,844.10$ Total 268 2,396,823.05$ 45,844.10$ Total 251 480,317.98$ 22,572.66$ Total 126 2,564,147.00$ 35,770.75$ NOTE: All fee amounts exclude SAC, WAC and State Surcharge. Amounts shown will reflect only permit, plan review fee and valuation totals page 62 page 63 page 64 page 65 page 66 page 67 page 68 page 69 page 70 page 71 page 72 Request for City Council Action MEETING DATE: February 20, 2018 TO: Mayor and City Council, City Administrator FROM: Tim Benetti, Community Development Director SUBJECT: Three Year Joint Powers Agreement (2018-2019-2020) for Open to Business Program thru Dakota County Community Development Agency [Presentation] Introduction The City Council is asked to consider approving a Three-Year Joint Powers Agreement with the Dakota County Community Development Agency (CDA), as part of the “Open to Business Program”, which is sponsored by the CDA and the Metropolitan Consortium of Community Developers (“MCCD”). Background The CDA and the 11 largest cities in Dakota County launched Open to Business (“OTB”) in 2013, a program that provides business advisory services and access to capital for entrepreneurs and small businesses in Dakota County. The participating cities and CDA share the cost of the program. The CDA enters into a Joint Powers Agreement with the 11 participating cities to act as the fiduciary agent and to administer the contract with the MCCD, the OTB’s non-profit service provider. As part of this OTB program, the CDA is requesting the City of Mendota Heights give consideration to the following items (attached for review): 1. Dakota County CDA Resolution approving the CDA’s participation in the Open to Business program from 2018 thru 2020; 2. Contract for Services for the "Open To Business" Program between Dakota County CDA and Metropolitan Consortium of Community Developers (MCCD); and 3. Proposed 2018 "Open to Business" Program Joint Powers Agreement between Dakota County CDA and the City of Mendota Heights, etal. The OTB Program offers a professional business consultant (through the MCCD), who is available for walk-in appointments and can help plan and work through small business challenges. This service is free to any Mendota Heights business or resident. Laurie Crow is the assigned full-time OTB business advisor who has worked exclusively in Dakota County since the program launched in 2013. Ms. Crow provides one-on-one technical assistance to business owners and aspiring entrepreneurs on a wide range of topics including: business plan development, strategic planning, feasibility analysis, marketing, networking, licensing, and cash flow and other financial projection development. To assist the Council in better understanding this program, Ms. Lisa Alfson, Director of Community and Economic Development/CDA and Ms. Crow will make a brief presentation on the OTP Program at the February 20th meeting, and provide any updates or answer any questions the council may have related to this program. Budget Impact The total fee of the Local Government Entity participation is $150,000 annually; of which this amount is spread out accordingly between the 11 cities based on the size of the community; and whereby Dakota County CDA contributes or shares one-half of these total fees. In the City of Mendota Heights case, the fee is calculated at $5,150 total, but the city only pays one-half of this fee or $2,755 each year to participate in this program. The CDA provides the other half with matching funds. Recommendation Staff recommends that the City Council pass a motion APPROVING THE JOINT POWERS AGREEMENT BETWEEN THE DAKOTA COUNTY COMMUNITY DEVELOPMENT AGENCY AND THE CITY OF MENDOTA HEIGHTS FOR PARTICIPATION IN THE 2018-2020 "OPEN TO BUSINESS" PROGRAM; authorize funding of not more than $2,755 for each year of the 3-year agreement; and authorize the Mayor and City Administrator to enter into the JPA with Dakota County. Action Required If the Council concurs, it should, by motion approve a Three-Year Joint Powers Agreement with the Dakota County Community Development Agency, as part of the “Open to Business Program”. This matter requires a simple majority vote. page 74 Supporting Documents: Previous Board Action(s): Attachment A: FY2013 – 9/30/17 OTB outcomes Attachment B: Proposed three-year agreement and fee schedule Resolution No. 17-XXXX Approve Three-Year Participation Agreement For Open To Business Program WHEREAS, the Dakota County Community Development Agency (CDA) was granted the powers of an economic development authority in 2000 by Minnesota Law and an authorizing resolution adopted by the Dakota County Board of Commissioners (Resolution No. 00-543); and WHEREAS, the CDA in conjunction with the 11 largest cities in Dakota County launched the countywide Open To Business program in 2013 to provides business advisory services and access to capital to entrepreneurs and small businesses in Dakota County; and WHEREAS, the CDA and 11 cities have annually renewed participation in the Open To Business program since 2013, with the CDA as the fiduciary agent and administrator of the contract with Metropolitan Consortium of Community Developers (MCCD) and Joint Powers Agreements executed between each participating city and the CDA; and WHEREAS, the cost for the 2018, 2019, and 2020 Open To Business program is $150,000/annually; and WHEREAS, the CDA portion of the annual cost of the program is fifty percent (50%) match for each participating city, as well as covering the cost of serving the small cities and townships; and WHEREAS, the Open To Business program is consistent with the Economic Development Strategy and Guiding Principles adopted by the Dakota County CDA Board of Commissioners, in that it results from a collaborative approach; it is a response to a need for specialized expertise and economies of scale; it serves a need that is located in more than one community; and it is non-duplicative of other services. NOW, THEREFORE, BE IT RESOLVED by the Dakota County Community Development Agency Board of Commissioners, hereby: 1.Approves CDA participation in the Open To Business program for 2018, 2019, and 2020 subject to participation of the Dakota County cities. 2.Authorizes the Executive Director to execute a contract with MCCD for an amount not to exceed $150,000/annually, of which the CDA’s portion of the fee shall not exceed $79,546. 3.Authorizes the Executive Director to execute a Joint Powers Agreement between the CDA and the participating cities, designating the CDA as fiscal agent for the contract with MCCD and requiring each city to submit a participation fee to the CDA. Executive Director’s Comments: Strategic Plan Priorities: Recommend Action Item Type-Consent Focused Housing Programs Do Not Recommend Action Item Type-Discussion Collaboration Reviewed-No Recommendation Item Type-Informational Development/Redevelopment Reviewed-Information Only Financial Sustainability Submitted at Commissioner Request Operational Effectiveness ____________________________________________ Executive Director _____________________________________________ Department Director page 75 Clients Served: Total Entrepreneurs 788 Inquiries 1,000 (Requests for information/referral, not a formal client) Financing: Provided (Dakota County Businesses) Number 20 Amount $913,931 Provided (Dakota County Residents) Number 9 Amount $91,374 Microgrants (Direct grants of capital – up to $1,000 to an entrepreneur) Number 14 Amount $14,000 Credit Builder Loans (Credit Builder loans are very small dollar loans made to individuals for the purpose of improving credit scores. Loans are typically a couple hundred dollars, no interest, and repaid over a year.) Number 30 Amount $ 7,435 Total $1,026,740 Facilitated/Leveraged Loans (Loan capital that OTB staff helped a client access but did not provide from OTB own capital pool). Amount $8,762,009 Client City: Apple Valley 86 Burnsville 141 Eagan 96 Farmington 85 Hastings 51 Inver Grove Heights 56 Lakeville 77 Mendota Heights 25 Rosemount 47 S. St. Paul 17 W. St. Paul 30 Townships 8 Undecided Location 69 Industry Segment: Retail 119 Service 430 Food 159 Manufacturing 24 Technology 7 Construction/Related Trades 16 Health/Fitness 18 Real Estate/Related Trades 3 Unknown 12 Referral Source: Municipalities/CDA 412 Chamber 30 Internet 32 Friends/Family 34 Other (Banks, Schools, Etc.) 227 Unknown 53 Hours of Direct Service: 1st Quarter 2197.6 2nd Quarter 2103.25 3rd Quarter 2115.25 4th Quarter 1698.3 Dakota County Cumulative Numbers FY 2013 – 9/30/2017 4B - Attachment Apage 76 page 77 page 78 page 79 page 80 page 81 page 82 page 83 page 84 page 85 page 86 Joint Powers Agreement JOINT POWERS AGREEMENT Open to Business Program THIS JOINT POWERS AGREEMENT (this “Agreement”), is made as of January 1, 2018, by and between the DAKOTA COUNTY COMMUNITY DEVELOPMENT AGENCY (the “CDA”), a public body corporate and politic organized and existing under the laws of the State of Minnesota (the “State”), and each of the CITY OF BURNSVILLE, CITY OF LAKEVILLE, CITY OF MENDOTA HEIGHTS, INVER GROVE HEIGHTS ECONOMIC DEVELOPMENT AUTHORITY, APPLE VALLEY ECONOMIC DEVELOPMENT AUTHORITY, EAGAN ECONOMIC DEVELOPMENT AUTHORITY, HASTINGS ECONOMIC DEVELOPMENT AND REDEVELOPMENT AUTHORITY, ROSEMOUNT PORT AUTHORITY, FARMINGTON ECONOMIC DEVELOPMENT AUTHORITY, SOUTH ST. PAUL ECONOMIC DEVELOPMENT AUTHORITY, AND WEST ST. PAUL ECONOMIC DEVELOPMENT AUTHORITY, MINNESOTA (each individually a “Local Government Entity” and together the “Local Government Entities”), each a political subdivision of the State. RECITALS: A. In order to pursue common goals of fostering economic development, the CDA and the Local Government Entity Cities desire to engage the Metropolitan Consortium of Community Developers, a Minnesota non-profit corporation (“MCCD”) to undertake the “Open To Business Program” (the “Program”) within Dakota County (the “County”). B. Pursuant to the Program, MCCD will provide technical assistance and access to capital to small business and potential entrepreneurs in the County. C. The CDA and the Local Government Entities propose to jointly exercise their common economic development powers to undertake the Program. NOW, THEREFORE, in consideration of the mutual covenants and obligations of the CDA and each of the Local Government Entities, each party does hereby represent, covenant and agree with the others as follows: Section 1. Representations. Each of the Local Government Entities and the CDA makes the following representations as to itself as the basis for the undertaking on its part herein contained: (a) It is a political subdivision of the State of Minnesota with the power to enter into this Agreement and carry out its obligations hereunder. page 87 Joint Powers Agreement 2 (b) Neither the execution and delivery of this Agreement, the consummation of the transactions contemplated hereby, nor the fulfillment of or compliance with the terms and conditions of this Agreement is prevented, limited by or conflicts with or results in a breach of, the terms, conditions or provisions of any restriction or any evidences of indebtedness, agreement or instrument of whatever nature to which it is now a party or by which it is bound, or constitutes an event of default under any of the foregoing. Section 2. Powers to be Exercised. The powers to be jointly exercised pursuant to this Agreement are the powers of the CDA and the Local Government Entities under Minnesota Statutes, Chapter 469, to undertake activities to promote economic development within their respective jurisdictions. Section 3. Method for Exercising Common Powers; Funds. The CDA, on its own behalf and on behalf of the Local Government Entities, will initially enter into an agreement with MCCD in substantially the form attached hereto as Exhibit A (the “Agreement”) to engage MCCD to operate the Program within Dakota County. The CDA and each of the Local Government Entities will make payments to MCCD as described in Exhibit A of the Agreement. The CDA may from time to time execute and deliver documents amending, modifying or extending the Agreement as it deems necessary or convenient, provided, that no such document will adversely affect services provided to, or amounts payable by, any Local Government Entity without the prior written consent of such Local Government Entity. Section 4. Limited Liability. Neither the CDA nor the any of the Local Government Entities shall be liable for the acts or omissions of the other in connection with the activities to be undertaken pursuant to this Agreement. To the extent permitted by law, (a) the CDA hereby indemnifies the Local Government Entities for costs associated with claims made against the Local Government Entities directly relating to actions taken by the CDA, and (b) each Local Government Entity hereby indemnifies the CDA for costs associated with claims made against the CDA directly relating to actions taken by such Local Government Entity. Nothing herein shall be deemed a waiver by the indemnifying party of the limits on liability set forth in Minnesota Statutes, Chapter 466; and the indemnifying party shall not be required to pay, on behalf of the indemnified party, any amounts in excess of the limits on liability set forth in Minnesota Statutes, Section 466.04, less any amounts the indemnifying party is required to pay on behalf of itself, its officers, agents and employees for claims arising out of the same occurrence. Section 5. Conflict of Interests; Representatives Not Individually Liable. The CDA and each of the Local Government Entities, to the best of its knowledge, represents and agrees that no member, official or employee of their respective bodies shall have any personal interest, direct or indirect, in this Agreement, nor shall any such member, official or employee participate in any decision relating to this Agreement which affects his or her personal interests or the interests of any corporation, partnership, or association in which he or she is directly or indirectly interested. No member, official or employee of the CDA or any Local Government Entity shall be personally liable with respect to any default or breach by any of them or for any amount which may become due to the other party or successor or on any obligations under the terms of this Agreement. page 88 Joint Powers Agreement 3 Section 6. Term; Distribution of Property. The term of this Agreement shall commence on January 1, 2018 and shall automatically renew January 1, 2019 and January 1, 2020, ending December 31, 2020. Local Government Entities may, at their sole discretion and without cause, cancel any remaining years covered under this agreement by providing written notice to the other Parties at least 30 days prior to renewal. Each Party to this agreement agrees that a Party that opts out of the contract under these terms shall be subject to no penalty, and held harmless for future liability or obligation related to the terms of this agreement. The remaining Parties will continue on with the agreement unless it is determined to no longer be viable for the remaining Parties. There is no property which will be acquired by the CDA or any Local Government Entity pursuant to the Program which would need to be distributed at the end of the term hereof. Section 7. Notices and Demands. A notice, demand or other communication under this Agreement by any party to another shall be sufficiently given or delivered if it is dispatched by registered or certified mail, postage prepaid, return receipt requested or delivered personally to the person and at the addresses identified on each signature page hereto, or at such other address with respect to either such party as that party may, from time to time, designate in writing and forward to the other as provided in this Section. Section 8. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall constitute one and the same instrument. [Remainder of page intentionally left blank] page 89 Joint Powers Agreement S - 1 IN WITNESS WHEREOF, the CDA and the Local Government Entities have caused this Agreement to be duly executed in their respective names and behalf as of the date first above written, with actual execution on the dates set forth below. DAKOTA COUNTY COMMUNITY DEVELOPMENT AGENCY Dated: December 13, 2017 By: _______________________________ Its Executive Director Notice Address: Dakota County Community Development Agency 1228 Town Centre Drive Eagan, MN 55123 Attn: Lisa Alfson, Director of Community and Economic Development page 90 Joint Powers Agreement S - 5 CITY OF MENDOTA HEIGHTS Dated: _______________ By _________________________________ Its ________________________________ By _________________________________ Its ________________________________ Notice Address: 1101 Victoria Curve Mendota Heights, MN 55118 Attn: ______________________________ page 91 p1,1,1,1,11111111111111111111111111111111111111111111111111111111111111111111111111111111., „ ,' ,,,..,,,l..... Dakota County Community Development Agency TO BUSINESS Open To Business Program ► Free, one-on-one, confidential business consulting to help entrepreneurs in Open to Business cities bt counties through the process of growing or starting their businesses. ► Assist entrepreneurs to identify borrowing needs and accessing financing options. ► Assist entrepreneurs in the following areas, including but not limited to: r accounting and record keeping business acquisition business start-up all aspects of business plan development cashflow financial and business analysis loan packaging networking operations strategic planning commercial real estate analysis Open To Business: Business Advisor for Mendota Heights ► Laurie Crow, Business Advisor ► Phone Number: 952-484-3107 Email: lcrow@mccdmn.org www.opentobusinessmn.org Request: ► City of Mendota Heights enter into a Joint Powers Agreement (JPA) with the Dakota County Community Development Agency (CDA) and ten other cities to offer the Open To Business program to our businesses and residents for three years (2018, 2019, and 2020) ► Annual Cost for Open To Business Program in Mendota Heights - Total annual cost = $5,510 CDA portion (50% of Mendota Heights cost) = $2,755 City of Mendota Heights portion = $2,755 CITY OF MENDOTA HEIGHTS page 92 1101 Victoria Curve 1 Mendota Heights, MN 55118 651.452.1850 phone 1 651.452.8940 fax www.mendota-heights.com REQUEST FOR COUNCIL ACTION DATE: February 21, 2017 TO: Mayor, City Council, and City Administrator FROM: Ryan Ruzek, P.E. — Public Works Director SUBJECT: Sump Pump Inspection Program Results COMMENT: INTRODUCTION At its meeting of February 20th, the City Council and residents will be updated on the status of a Sump Pump inspection program which completed last fall. BACKGROUND On June 7, 2016, the City Council adopted an Ordinance that established sump pump regulations to make certain that sump pumps do not discharge directly into the sanitary sewer system. Both State Plumbing Code and Mendota Heights Municipal Code prohibit the discharge of sump pump water to sanitary sewers. The applicable sections are: Minnesota Plumbing Code 4715.2700 Storm water shall not be drained into sewers intended for sanitary sewage only. Mendota Heights City Code 10-3-5B Surface Waters: It shall be unlawful to discharge or cause to be discharged into the municipal sewer system, either directly or indirectly, any roof storm, surface or ground water of any type or kind, or water discharged from any air conditioning unit or system. (1981 Code 803 § 4) For the past 24 months, the City has been promoting the disconnection of sump pumps from the sanitary sewer system in order to comply with these code provisions. The City of Mendota Heights pays Metropolitan Council Environmental Services (MCES) a fee for sanitary sewer treatment that is based on the total flow contribution to the MCES system. Wet weather impacts the sanitary sewer system by means of Inflow and Infiltration (I/I). I/I can come from cracks in sewer pipes, broken pipe joints, tree root penetrations, or manholes, but the most prevalent possible sources for sudden increases in flow are illegal discharges to the sanitary sewer system. The most common of these discharges are basement sump pumps. page 93 Eliminating, or greatly reducing the contribution to the sanitary sewer system from sump pumps would allow for a more predictable total sewer flow projection and make the budget process for the sanitary sewer utility fund more stable. It would also greatly reduce the risk of future severe flow increases and avoid future penalty surcharges. DISCUSSION Mendota Heights City Council authorized a contract with Foth Infrastructure & Environmental (Foth) at its November 15, 2016 meeting. The contract was for a not -to -exceed price of $217,580 to inspect approximately 2000 homes. This program was funded through the City's Water Utility Fund. Current billing for this service is around $134,000, well under the contracted amount. Included in the agenda packet is a tabulation of results from the inspection program. Foth will present on their findings, the inspection process, and common reasons of resistance from the residents. Of the 1,954 homes that were in the study area, approximately 222 remain as non-compliant. 161 of the 222 are non-compliant due to no response. The adopted 2018 City fee schedule identifies a surcharge amount of $75/quarter that is to be charged to properties that are noncompliant. Council should consider completing the remaining homes in the city. BUDGET IMPACT None at this time. A quote to complete the remaining homes will be presented at a future meeting. RECOMMENDATION For Informational Purposes Only ACTION REQUIRED This update is to provide the council with results from the program. Inspections: Summary Area Results Compliant Noncompliant Area Total Scheduled Appointments Compliant Srs•km . o Stapp Piunp Total Follow-up Compliant" Poi/ Ar, Response Total Date Yate of Maar pate of Reminder IA 313 271 83 187 270 9 4 9 4.3 3.17.2017 -1.' 15/2017 IB 259 237 94 137 231 2 8 70 28 3/2242017 4/28/20 I 7 IC 315 292 136 150 286 17 7 22 29 4/21/2017 5.24/2017 2A 195 171 46 122 168 3 /2 /5 77 218/2017 3/1/2017 2F1 202 188 63 125 188 5 1 / 3 /41 212012017 3,'I412017 3A 171 151 68 82 150 5 /9 21 5%12J2017 6'1212017 3E3 255 235 144 82 226 9 14 /5 29 5/10/2017 61192017 3c 244 220 132 81 213 10 13 I 31 5.:? -2017 6127'2017 Totals 1954 1765 766 966 1732 60 61 1 61 222 Nor:Compltart" No Re portae r.?1 C irrip1i 114 olliw uF Repasrs No Stamp Pump Compliant 5yste. 1Ins nru,ncvr rx upproxan c and under -reported a.v We Were unable to 'rack a// tallow rip rcpa+r: .Met, l;rcfi j resrilfvrr +Time -ling Results til 100 400 600 800 1000 1200 1400 1600 1800 2000 GFoth' SUMP PUMP INSPECTION PROGRAM Mendota Heights, Minnesota February 20, 2018 Bill Johnson, P.E. Senior Technology Manager 4Foth Background Due to wastewater flow increases resulting from 1/1, the City implemented a sump pump inspection program to ensure compliance with City Ordinance 496. The CITY OF MENDOTA HEIGHTS, DAKOTA COUNTY, MINNESOTA ORDINANCE NO. 496, section 2, subp 27, B; states "Surface Waters: It shall be unlawful to discharge or cause to be discharged into the municipal sewer system, either directly, or indirectly, any clear water as defined in 10-1-1 of this section." Sump pumps should drain into the City's storm sewer system through one of two methods: 1. A direct connection (a pipe from the house to the main storm sewer line), if available; or 2. Directly onto the ground, preferably 20 feet from the house and not into a neighbor's yard. 8Foth Sump Pumps A sump pump can contribute as much as 7,200 gallons of clear water to the wastewater system in 24 hours. MCES inflow and infiltration fact sheet ROODt:.::, .s!;OU'IS WITH E, :ENSIOr S EXTERIOR OLINI ATIOIV DI AI N SYSTE4 1% ® CHECK VALVE — SUMP PLUMP mil Maio saw INTERIOR WAT ER COLLECTION 1 1.1.2 - RIGID .12'IIIGID PIPkm RUBBER COUPLING FOR PUMP REMQVAL 1 TO STREET (OPTIONAL) FLEXIBLE PIPE WITH ADAPTER -\0"Foth HIVI''�iV�i'F1Vi'i� 4'�1VII'1'V�'�'P'i`i�il'�i��'I'�i�i'P1 Inspection Areas + Three areas were selected by the City for inspection (1954 households) • Households were contacted via USPS *Foth IIdIIdIhI1111Pd1'IiPlh'IINIPdIIdIhI1111Pd1'IiPlli'11111Pi111d1h'IINIPdI'IiP11 Inspection: Team Effort ❖ Foth team coordinated all work with Mendota Heights City staff. ❖ Four Inspectors and one Project Coordinator managed all inspections + Inspections were scheduled with attention/consideration to resident availability. *Foth Inspection: Results Area Results Compli ant Noncompli ant Area Total Scheduled Appointments Compliant System No Sump Pump Total Follow-up Compliant* Fail No Response Total Date of Mailer Date of Reminder 1A r 313 r 271 83 r 187 270 9 4 39 43 3/17/2017 4/15/2017 1B r 259 r 237 94 r 137 231 2 8 20 28 3/24/2017 4/28/2017 1C r 315 r 292 r 137 r 151 288 19 5 22 27 4/21/2017 5/24/2017 2A r 195171 r 46 r 122 168 3 12 15 27 2/8/2017 3/1/2017 2B r 202 r 188 r 63 r 125 188 r 5 1 13 14 2/20/2017 3/14/2017 3A r 171 r 151 68 r 82 150 5 2 19 21 5/12/2017 6/12/2017 3B r 255 r 235 144 r 82 226 9 14 15 29 5/19/2017 6/19/2017 3C r 244 r 220 r 133 81 214 11 12 18 30 5/27/2017 6/27/2017 Totals 1954 1793 768 967 1735 63 58 161 219 Nar-:Campliant No Rr.spc r3[" Hail Corripliant • Follow-up Repairs No Sump Purnp Compliant System This number is approximate and under -reported as we were unable to track all follow up repairs due to lack of resident reporting ResUlts 0 200 400 600 800 1001 1200 1400 1600 1800 2000 GFoth Code Compliancy ❖ 1954 households contacted. ❖ 1793 scheduled appointments. ❖ 1735 compliant. ► 967 no sump pump ► 768 acceptable Acceptable Sump Pump 33% Noncomplaint 12% No Sump Pump 55% That is a 89% compliancy rate! NeFoth Non -Compliancy ❖ 219 households are considered "Non -Compliant" 219 Non -Compliant Households 161 residents did not respond 48 households inspected, but with non-compliant systems 10 scheduled but did not keep their inspection appointments *Foth Non -Compliancy + The majority of non -compliancy is due to no response from the resident. + Inspections resulted in non -compliancy due to the following issues: Improper Discharge ► Nonrigid Piping ► ByPass Valves *Foth • Non -Compliancy: Improper Discharge + Improper Discharge most common issue *Foth Non -Compliancy: Non -Rigid Piping Some instances of non -rigid piping was noted, however few were in direct violation and appeared to meet the intent of the ordinance. Don't use corrugated tubing inside the house. •Foth Non -Compliancy: Bypass Valves ❖ Bypass valving was not a significant issue. Households with bypass valves were sited for non -compliancy. •Foth Non -compliancy: Follow -Up ❖ 52% of noncompliant households rescheduled after updating their system. 121 Households found to be noncompliant 63 Households repaired and scheduled their systems for re- inspection *While routinely reported to inspectors on site, it is unknown the percentage of residents who upgraded their sump pumps prior to inspection. Foth IlNllh'll''tlllNllh'll''tlllNllh'll''tlllNllh'11'tlllNllh'll'tlllNll'tlIIIIIIPiii' a(ifiirtiMERIFIGNINI Resistance ❖ Resistance was met when: Weather impacted inspection schedule ► No reminder calls immediately before scheduled inspection. ► Some residents felt inspections were an invasion of privacy ► "Fake news." Neighborhood gossip tended to circulate inaccurate information .Foth Melting Resistance ❖ Residents reacted well to: ► A willingness to listen to their concerns (available customer service/project coordinator) ▪ Scheduling options (evenings and weekends) ▪ Photos accepted in lieu of physical re -inspection. ▪ Inspectors of both genders available. ▪ Inspecting unscheduled neighbors upon request. ▪ Thanked for cooperation rather than informed of participation. *Foth Summary ❖ Residents of Mendota Heights are considerate and cooperative people — 89% response rate! ❖ Majority of residents in inspection areas are now compliant. ❖ Combatting misinformation biggest hurdle. Residents were generally satisfied when properly informed of inspection details. ❖ Extremely positive response to "softer" wording and door hangers. *Foth uestions ‘118"40inswers 9Foth www.foth.com REQUEST FOR COUNCIL ACTION DATE: February 20, 2018 TO: Mayor, City Council, and City Administrator FROM: Ryan Ruzek, P.E., Public Works Director SUBJECT: Resolution 2018-12 – Public Hearing--Right-of-Way Vacation of Bluebill Drive COMMENT: INTRODUCTION The Council is asked to hold a public hearing to consider a right-of-way vacation started by a petition of abutting land owners for an undeveloped section of Bluebill Drive. BACKGROUND Bluebill Drive, west of Swan Drive, was originally platted as Franzmeier Drive in 1957 as part of the Rogers Lake-Shore Addition plat as recorded in Dakota County, Minnesota. The street was replatted as Bluebill Drive in 1972 as part of the Rogers Lakeside East Plat. The platted right-of- way is not serving any sub dividable parcels and is not in the best interest of the city to retain. The city is currently liable for any accidents and costs of maintenance (trees, mowing, etc.). DISCUSSION Minnesota Statute 412.851 states that No vacation shall be made unless it appears in the interest of the public to do so. Staff received a petition to vacate Bluebill Drive between Lot 3, Block 1, Rogers Lakeside East and Lot 20 of Rogers Lake-Shore Addition. The adjacent home owners have been maintaining this right-of-way (mowing). There are a number of trees located within the right-of-way that the city would be responsible for if Bluebill Drive is retained. The right-of-way also includes a storm sewer that outlets into Rogers Lake. Public works staff have cleared the outlet periodically. Staff is requiring that the abutting owners dedicate a 20 feet wide drainage and utility easement over the existing storm sewer pipe for future access and maintenance. With the right-of-way abutting on Rogers Lake, the city was required to send the vacation request to the Minnesota Department of Natural Resources (DNR) for a 60 day review and comment period. The DNR stated in the previous vacation review of Rogers Avenue that Rogers Lake Park boat access, fishing pier and parking seems to provide practical and sufficient public access to Rogers Lake. A DNR review letter has not been received for this vacation request. page 95 BUDGET IMPACT The petitioners submitted the required $250 fee to cover the advertising, mailing and staff time for this request. RECOMMENDATION Staff recommends that Council approve the right-of-way vacation pending receipt of all easement dedication documents. ACTION REQUIRED Staff recommends that the City Council pass a motion adopting Resolution No. 2018-12, “RESOLUTION APPROVING A STREET VACATION OF BLUEBILL DRIVE”. This action requires a simple majority vote. page 96 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION 2018-12 RESOLUTION APPROVING A STREET VACATION OF BLUEBILL DRIVE WHEREAS, the City of Mendota Heights is the current record owner of a segment of undeveloped Bluebill Drive right-of-way, lying westerly of Swan Drive right-of-way and further described as: Bluebill Drive between Lot 3, Block 1, Rogers Lakeside East and Lot 20 of Rogers Lake-Shore Addition; and WHEREAS, a notice of hearing on said vacation has been duly published and posted more than two weeks before the date scheduled for the hearing on said vacation, all in accordance with the applicable statutes; and WHEREAS, a public hearing was held on said vacation on February 20, 2018, at the City Hall of Mendota Heights; and WHEREAS, the City Council then proceeded to hear all persons interested in said vacation and all persons were afforded an opportunity to present their views and objections to the granting of said vacation. NOW THEREFORE, BE IT RESOLVED, by the City Council of the City of Mendota Heights, Minnesota, as follows: 1. That the vacation of the street right-of-way described above situated in the City of Mendota Heights is in the best interest of the public and the City, and it is not detrimental to the health, safety and welfare of the community. 2. That the above described street right-of-way be and the same is hereby vacated. 3. That the City Clerk be and is hereby authorized and directed to prepare and present to the proper Dakota County officials notice of completion of these vacation proceedings, all in accordance with the applicable Minnesota Statutes. Adopted by the City Council of the City of Mendota Heights this 20th day of February, 2018. CITY COUNCIL CITY OF MENDOTA HEIGHTS ________________________________ Neil Garlock, Mayor ATTEST ________________________________ Lorri Smith, City Clerk page 97 !(!(!(!(!(!(!(!(!(!(!(!(!(!(!(? ? G!. G!.6666666666 666666666666666666*!! " " " ! *! " " "! "" "66666666666 6 66666!!2 !!2 !!2 !!2 !!2 !!2 2301 949 2301 2335 2311 2319 2343 2303 2351 2303 2351 2311 2343 2319 2335 909 2357 2357 954 2334 2342 2350 2308 2356 907 SWAN DRBLUEBILL DR 300'175'169'395'298'236'6''6''6'' 6'' Vacation RequestBluebill Drive City ofMendotaHeights0120 SCALE IN FEET GIS Map Disclaimer:This data is for informational purposes only and should not be substituted for a true title search, property appraisal, plat,survey, or for zoning verification. The City of Mendota Heights assumes no legal responsibility for the information containedin this data. The City of Mendota Heights, or any other entity from which data was obtained, assumes no liability for any errorsor omissions herein. If discrepancies are found, please contact the City of Mendota Heights. Contact "Gopher State One Call" at 651-454-0002 for utility locations, 48 hours prior to any excavation. 10/25/2017 page 98 REQUEST FOR COUNCIL ACTION DATE: February 20, 2018 TO: Mayor, City Council, and City Administrator FROM: Ryan Ruzek, P.E. – Public Works Director SUBJECT: Resolution 2018-16 Storm Water Utility Rate Adjustment COMMENT: INTRODUCTION The purpose of this memo is to request that the Council approve Resolution 2018-16 increasing the Storm Water Utility Fee for 2018. BACKGROUND In addition to the sanitary sewer bills paid by Mendota Heights’ residents and businesses, there is also a flat-rate storm sewer utility fee applied to all the sewer bills sent out by the City. The storm sewer utility fee is $10.00 per quarter, or $40.00 per year. This fee creates the Storm Sewer Utility Fund, which is utilized for maintenance and upkeep of the City’s storm sewer pipes, catch basins, and pond inlets and outlets. Additionally, this fund has been utilized to provide funding for street reconstruction projects that include the installation of new storm sewers, and has been used for stream bank erosion projects. DISCUSSION At the current $10.00 per quarter rate, the fund will not be able to support upcoming capital improvement projects. The current and proposed rate schedule per quarter is: Property Use 2017 Fee 2018 Fee (Proposed) Residential $10.00 $12.00 Business/Industrial > 1 Acre $121.80/acre $121.80/acre Business/Industrial < 1 Acre $60.90/acre $60.90/acre Golf Course/Cemetery $10.15/acre $12.00/acre Institution $40.60/acre $40.60/acre page 99 The following table illustrates the account balance including a proposed increase to $12.00 per quarter for residential properties and an increase of the Golf Course/Cemetery fee to match that of the residential. This change is projected to collect an additional $30,000 in revenue annually. Storm Sewer 2017 2018 2019 2020 2021 2022 Revenue 446,000 476,000 476,000 476,000 476,000 476,000 Annual O&M 182,274 187,742 193,374 199,176 205,151 211,306 Lake Augusta Alum Treatment - LMRWMO Project completed in 2017 35,000 Mendota Heights Road Rehabilitation 2 - Improvements on Mendota Heights Road Street Reconstruction. Rerouted Storm Sewer that conflicted with Sanitary Sewer Extension, graded ditches 100,000 Kensington Rehabilitation - Extended storm sewer to correct land locked area that has been soggy, added an extension to a buried pond outlet. 50,000 Somerset Culvert Lining - Repair of failed CMP in Somerset Country Club, this is the start of Ivy Falls Creek 35,000 Surface Water Management Plan Update - WSB 57,000 Storm Sewer Extension Plan - Plan is installing 12 catch basins in 9 locations to improve drainage issues. Most drainage issues are a result of sump pump discharge freezing in the winter creating a safety hazard. 104,000 541 Marie Avenue - Outlet Repair, salvage and reinstall existing outlet pipe. 15,000 Cherokee Heights Culvert Repair - City of St. Paul project, Clean Water grant applied for. 75,000 South Plaza Drive/Mendakota Court Rehabilitation - Part of City street Project. Some pipe is undersized and other pipes will be extended. Can incorporated additional BMP's 50,000 Avanti/Twin Circle Rehabilitation - Some sewer extensions, can incorporated BMP's with City street project. 25,000 Highway 13 Drainage Improvement (Lilydale) - City Share of Lilydale LMRWMO Project. 27,840 Marie Avenue 2 Rehabilitation - City Street Project, can incorporate additional BMP's. 25,000 Wesley Neighborhood Rehabilitation - City Street Project, can incorporate additional BMP's. 25,000 CenterPoint/Commerce Rehabilitation - City Street Project, can incorporate additional BMP's. This project can link to Lake Augusta Improvements 72,000 Sylvandale Neighborhood Rehabilitation - City Street Project, can incorporate additional BMP's. 50,000 Victoria Curve Reconstruction - City Street Project, can incorporate additional BMP's. 50,000 Lake Augusta Erosion Repairs, BMP Construction, Lake Outlet 100,000 IVC Streambank Stabilization - Starting at TH110/Dodd Road; Streambank armoring heading north, multiple areas eroded. 120,000 50,000 50,000 50,000 Pond Maintenance, Various dredging, improvements 100,000 100,000 100,000 100,000 100,000 Total Expenses 563,274 480,582 463,374 521,176 405,151 411,306 Account Balance 7,726 3,144 15,769 -29,406 41,443 106,137 BUDGET IMPACT Without additional revenues, the Storm Water Utility fund will eventually deplete its reserve balances and the City will lose capability and flexibility in maintaining and improving its storm sewer infrastructure. Staff is proposing the storm water utility rate increase be implemented for the 1st quarter (January - March) billing cycle of 2018. The new rate would then be collected starting in April, with the 1st quarter 2018 billing cycle. In the past, increases for utility rates have been highlighted in the previous quarters billing cycle. The 2017 4th Quarter bill did include a note indicating an increase was coming in 2018. page 100 Approximately 600 property owners are on an automatic withdrawal program for their sanitary sewer bill payment. These customers must be notified in writing, and the City will incur a one-time $0.50 per account charge for changing the automatic withdrawal amount. RECOMMENDATION Staff is recommending approval of the proposed Storm Water Utility fund rate increase as outlined above. The proposed increase is required to maintain the revenue stream necessary to fund a self- sustaining utility and to defray storm sewer related costs. ACTION REQUIRED If Council desires to implement the Staff recommendation, pass a motion adopting Resolution 2018- 16, “A RESOLUTION AUTHORIZING STORM WATER UTILITY RATES BEGINNING IN THE FIRST QUARTER OF 2018” by a simple majority vote. page 101 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION 2018 - 16 RESOLUTION AUTHORIZING STORM WATER UTILITY RATES BEGINNING IN THE FIRST QUARTER OF 2018 WHEREAS, the City of Mendota Heights aspires to have a self-funded storm water utility for the residents and businesses of the City; and WHEREAS, annual expenditures have increased over the past several years; and WHEREAS, Storm Water Utility expenditures are anticipated to continue rising over the foreseeable future; and WHEREAS, the City of Mendota Heights has identified the need to raise storm water rates and storm sewer utility fees for 2018. NOW THEREFORE IT IS HERBY RESOLVED by the City Council of the City of Mendota Heights that the rate of charge for the use of the Storm Water Utility shall be set as follows effective the 1st quarter of 2018 (to be billed in April 2018): Property Use 2018 Fee Residential $12.00 Business/Industrial > 1 Acre $121.80/acre Business/Industrial < 1 Acre $60.90/acre Golf Course/Cemetery $12.00/acre Institution $40.60/acre Adopted by the City Council of the City of Mendota Heights this 20th day of February 2018. CITY COUNCIL CITY OF MENDOTA HEIGHTS By:______________________________________ ATTEST: Neil Garlock, Mayor _______________________________ Lorri Smith, City Clerk page 102 REQUEST FOR COUNCIL ACTION DATE: February 20, 2018 TO: Mayor, City Council, and City Administrator FROM: Ryan Ruzek, P.E. – Public Works Director SUBJECT: Resolution 2018-17 Sanitary Sewer Utility Rate Adjustment COMMENT: INTRODUCTION The Council is asked to approve an increase in the City’s Sanitary Sewer Utility Rate for 2018. BACKGROUND The City of Mendota Heights has annually examined sanitary sewer rates, and adjust them periodically to account for increases in costs. Specifically, this would be for the charges billed to the City from the Metropolitan Council Environmental Services (MCES) division, which goes to fund the maintenance and operations of the sewage treatment plants. In addition, the annual costs of maintaining the City’s sanitary sewer system would be reviewed and the annual budget adjusted accordingly. City Staff has developed a five-year Sanitary Sewer Improvement and Maintenance Plan (SSIMP) which projects future costs for the ongoing maintenance of the City’s sanitary sewer infrastructure. The City’s single family residential bill rate for sanitary sewer is based upon the non-summer (1st quarter) water usage quantity. The current base rate is $68.35 for the first 15,000 gallons of water consumed per quarter. For every 750 gallons used above the 15,000, single family residences are billed an additional $2.45. The commercial rate ranges from $114.10 to $1,403.15 per quarter based on the size of the water meter and are summarized in the tables in this memo. The current tiered billing schedule for commercial properties could be revised to match the format used on residential properties which appears to be more common than a tiered schedule. Staff is also aware of a number of communities that can have a lower minimum billing rate and senior discounts; most complaints from sewer rate increases come from these two types of accounts. Staff would need to analyze the current account revenues before new billing format rates can be compared. This task is projected to be part of the 2019 review of rates. MCES invoices the City based on flow volumes contributed to the metro-wide wastewater treatment system. MCES has indicated that rate increases of 3%-5% per year should be anticipated for several years to come. The proposed MCES rate in Mendota Heights for 2018 is calculated to increase 9.89%, which results in a total charge of $1,343,228.98. page 103 Flow quantities from the City to MCES vary greatly from year to year. In the past, Mendota Heights has had a high rate of inflow and infiltration into our sanitary sewer system. This is storm water runoff that finds its way into the sanitary sewer system through cracks in the sewer pipe, unsealed manholes, roots penetrating the sewer pipe, and basement sump pumps connected to the sanitary sewer, just to name a few. This is one of the reasons that the City has embarked on a sump pump inspection program. Although inflow and infiltration can never be eliminated, ongoing annual projects to televise, clean, and line the sanitary sewer pipe greatly reduce the amount of inflow and infiltration into the system, thus helping to create a more predictable sanitary sewer flow rate from year to year. Because the City of Mendota Heights does not have a sewage treatment plant, MCES controls approximately 64% of the City’s sewer utility expenses through their sewer rate charge. As a result of the MCES fees increasing, an increase to the City’s sanitary sewer billing rate is necessary. The MCES rate for 2018 represents a 9.89% increase to the MCES charge over 2017. DISCUSSION City Staff is proposing an increase to the City sanitary sewer utility rate. Staff recommends that the new base rate be raised by 5% over the MCES increase, which will mean a total of 14.9%, to $78.45 per quarter. The second tier usage rate, currently set at $2.45 is proposed to increase by the same 14.9% rate to $2.80. The proposed rate for commercial usage would also increase by 14.9%. Commercial Sewer Rate With 14.9% Increases (per Quarter) Minimum Per Meter Size Existing Rate Proposed Rate ¾ Inch $114.10 $125.40 1 Inch $131.40 $144.41 1 ¼ Inch $177.30 $194.85 1 ½ Inch $350.85 $350.85* 2 Inch $701.75 $701.75* 3 Inch $1,403.15 $1,403.15* Commercial Well Sewer Rate With 14.9% Increases (per Quarter) Minimum Per Meter Size Existing Rate Proposed Rate ¾ Inch $235.65 $258.98 1 Inch $319.55 $351.18 1 ¼ Inch $401.70 $441.47 1 ½ Inch $545.55 $545.55* 2 Inch $1,110.90 $1,110.90* 3 Inch $2,221.80 $2,221.80* • Meters 1 ½ Inch and greater and proposed to remain flat The City of Mendota Heights has been monitoring the financial health of the sanitary sewer utility account since the last rate increase. The increase in charges from MCES is driving the necessity for a City-wide rate increase. By increasing the billed rate 14.9%, and by adjusting the schedule of capital improvement projects within the forecast, the Sanitary Sewer Utility Fund remains viable and out of deficit. Even after the proposed 14.9% sanitary sewer rate increase, the City of Mendota Heights will remain as one of the lowest base sanitary sewer rate in northern Dakota County. page 104 A five-year outlook for the Sanitary Sewer Utility Fund is provided below. The starting balance in 2017 was $212,000): 2017 (5%) 2018 (14.8%) 2019 (10%) 2020 (5%) 2021 (5%) 2022 (5%) Revenue $ 1,815,509 $ 2,084,204 $ 2,292,625 $ 2,407,256 $ 2,527,619 $ 2,654,000 MCES Grant for I/I $ 90,000 Total Revenue $ 1,961,009 $ 2,229,704 $ 2,528,125 $ 2,552,756 $ 2,673,119 $ 2,799,500 Annual Maintenance & Operations $ 503,078 $ 521,997 $ 537,657 $ 553,787 $ 570,400 $ 587,512 MCES Fees $ 1,232,320 $ 1,343,229 $ 1,410,390 $ 1,480,910 $ 1,554,955 $ 1,632,703 Annual Sewer Cleaning $ 63,471 $ 62,000 $ 62,000 $ 62,000 $ 62,000 $ 62,000 Annual Sewer Lining $ 268,253 $ 200,000 $ 200,000 $ 200,000 $ 250,000 $ 250,000 Lift Station Rehabilitation $ 29,360 Trunk Main Sewer Recon $ 315,000 1 Ton Truck $ 54,000 Jet Truck $ 120,000 Salt Storage Facility $ 40,000 Fence (Public Works) $ 9,000 Total Expenses $ 2,096,482 $ 2,181,226 $ 2,574,047 $ 2,416,697 $ 2,437,356 $ 2,532,215 Account Balance $ 76,527 $ 125,005 $ 79,083 $ 215,142 $ 450,905 $ 718,190 BUDGET IMPACT Without additional revenues, the Sanitary Sewer Utility fund will eventually deplete its reserve balances and the City will lose capability and flexibility in maintaining and improving its sanitary sewer infrastructure. Staff is recommending that the sanitary sewer utility rate increase be implemented for the 1st quarter (January - March) billing cycle of 2018. Approximately 600 property owners are on an automatic withdrawal program for their sanitary sewer bill payment. These customers must be notified in writing, and the City will incur a one- time $0.50 per account charge for changing the automatic withdrawal amount. RECOMMENDATION Staff is recommending approval of the proposed Sanitary Sewer Utility fund rate increase as outlined above. The proposed increase is required to maintain the revenue stream necessary to fund a self-sustaining utility and to defray sanitary sewer related costs. ACTION REQUIRED If Council desires to implement the Staff recommendation, pass a motion adopting Resolution 2018-17, “A RESOLUTION AUTHORIZING SANITARY SEWER UTILITY RATES BEGINNING IN THE FIRST QUARTER OF 2018,” by a simple majority vote. page 105 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION 2018 - 17 RESOLUTION AUTHORIZING SANITARY SEWER USAGE RATES BEGINNING IN THE FIRST QUARTER OF 2018 WHEREAS, the City of Mendota Heights aspires to have a self-funded sanitary sewer utility for the residents and businesses of the City; and WHEREAS, annual expenditures (including fees paid to the Metropolitan Council Environmental Services (MCES)) have increased over the past several years; and WHEREAS, Sanitary Sewer Utility expenditures (including rates charged by MCES) are anticipated to continue rising over the foreseeable future; and WHEREAS, the City of Mendota Heights has identified the need to raise sanitary sewer rates and for 2018. NOW THEREFORE IT IS HERBY RESOLVED by the City Council of the City of Mendota Heights that the rate of charge for the use of the Sanitary Sewer Utility shall be set as follows effective the 1st quarter of 2018 (to be billed in April 2018): Residential Base Rate $78.45 Residential Additional Rate per 750 gallons $ 2.80 Commercial Sewer Rate (per Quarter) Minimum Per Meter Size Rate ¾ Inch $125.40 1 Inch $144.41 1 ¼ Inch $194.85 1 ½ Inch $350.85 2 Inch $701.75 3 Inch $1,403.45 Commercial Well Sewer Rate (per Quarter) Minimum Per Meter Size Existing Rate Proposed Rate ¾ Inch $224.40 $258.98 1 Inch $304.34 $351.18 1 ¼ Inch $382.56 $441.47 1 ½ Inch $519.55 $545.55 2 Inch $1,057.99 $1,110.90 3 Inch $2,115.98 $2,221.80 page 106 Adopted by the City Council of the City of Mendota Heights this 20th day of February 2018. CITY COUNCIL CITY OF MENDOTA HEIGHTS By:______________________________________ Neil Garlock, Mayor ATTEST: _______________________________ Lorri Smith, City Clerk page 107 REQUEST FOR COUNCIL ACTION DATE: February 20, 2018 TO: Mayor, City Council, and City Administrator FROM: Ryan Ruzek, P.E., Public Works Director SUBJECT: 2018-2020 Municipal Cleanup Day – Accept Quotes & Award Contract COMMENT: INTRODUCTION The Council is asked to accept quotes and award a contract for the operation of the Mendota Heights 2018-2020 Cleanup Day. BACKGROUND Mendota Heights has held an annual cleanup day where residents can bring acceptable materials to a central location for recycling and disposal. DISCUSSION Previous years events have been accomplished through the combined efforts of staff, volunteers and contracted waste haulers. The 2017 cleanup day format included an event that was staffed by licensed waste haulers which provided an equivalent level of service as the previous volunteer staffed event, which resulted in a reduced cost and liability to the city. Staff recommends continuing with the licensed hauler staffed event format. The selected contractor will also manage the fee collection, signage, clean up, etc. Seven companies requested to be included in receiving the RFP, However only one company submitted a quote for this service. This was surprising as two other companies showed interest and submitted questions. Item Highland Sanitation 2017 Unit Cost ($) Highland Sanitation 2018 Unit Cost ($) City Charge Resident Charge City Charge Resident Charge Pick up Load 25 20 35 25 Minivan/SUV Load 20 15 25 20 Car Load 15 10 16 10 Trailer (4x4x8) 60 30 65 35 Mattress or Box Spring 25 15 31 15 Appliance 20 10 25 10 Appliance w/Freon 25 10 30 10 Tires/Tires with Rim 10/15 5 15/25 10 Electronics See list See list page 108 The scoring criteria in the RFP for the evaluation of proposals was 50% Price, 10% checklist, 20% meeting base specifications, 10% past performance, and 10% for additional value added. The proposal from Highland Sanitation included items on the checklist, met base specifications, and recommended providing services in addition to those required, such as carpet recycling. Highland Sanitation also included a statement that all electronics will not be processed outside of the United States, Mexico or Canada. Highland Sanitation operated the 2017 Mendota Heights cleanup day. Mendota Heights is receiving a grant from Dakota County to assist in the Operation of Municipal Cleanup Day. Items that will need to be finalized in the contract phase include the date of the event. In addition to the above items, the city will be contracting independently to provide paper shredding as well as collecting bicycles for reuse. Highland Sanitation is available on both the last Saturday of April (April 28th) and the First Saturday of May (May 5). Highland Sanitation is recommending the May 5th date. Mother’s Day and the Minnesota Walleye fishing opener are the following weekend of May 12th. BUDGET IMPACT Fees to the city will vary depending on the amount of materials brought to this event. The 2017 event had less than ideal temperatures and attendance was low which resulted in a low cost to the city. The recycling budget can support this event under standard conditions. RECOMMENDATION Staff recommends Council accept the quotes and award a contract to Highland Sanitation for the Operation of the Mendota Heights 2018 Cleanup day event. This contract is for a 3 year period. ACTION REQUIRED If Council wishes to enact the staff recommendation, it should pass a motion authorizing staff to execute the contract with Highland Sanitation for the Operation of a Municipal Cleanup event for the years of 2018, 2019, and 2020. This action requires a simple majority vote. The Council should also discuss the preferred date for this event. page 109 SPRING CLEAN‐UP 2018 Saturday, TBD 8:00 a.m. to 12:00 p.m. Mendakota Park, 2171 Dodd Road For more informaƟon: Cassandra Schueller Recycling Coordinator 651.552.4118 cschueller@wspmn.gov  Sponsored by the City of Mendota Heights, funded in part by Dakota County Board of   Commissioners and the Minnesota PolluƟon Control Agency   Every year Mendota Heights residents divert tons of trash from going to the landfill thorough the spring clean up. Don’t miss this opportunity to clean up your home/yard and ensure that materials are disposed of properly. Follow the signs on Mendakota Drive and enter from the west side of the park. ID with Mendota Heights address required. Limited to Mendota Heights residents with passenger vehicles and small trailers only. We will accept: Misc. junk Car Load $10 SUV Load $20 Pickup Load $25 Trailer (4x4x8) $35 MaƩresses/box springs $15 Appliances $10 Appliances w/Freon $10 Tires with/without rim $10 Scrap metals (remove all non‐metal) Free Bicycles Free Electronics Small Appliance Free Microwave $10 Lamps/Fans $5 Scanner/Fax $5 VCR/DVD Free Land Phone Free Inkjet Printer $5 All in one printer $10 LCD/Plasma TV* $10 Flat Screen Monitor* $10 Add $20 if broken screen Paper Shredding Event held at West St. Paul Sports Complex, 1650 Oakdale Ave, on April 21 (9:00‐noon) We will not accept: Yard waste, items that can be recycled at your curb, household hazardous waste, business waste, or contractor or home remodel‐ ing debris Dakota County Residents can bring hazard‐ ous materials, including electronics, to The Recycling Zone located at 3365 Dodd Road in Eagan ‐ (651) 905‐4520. For a complete list of accepted items, visit www.co.dakota.mn.us and search The Recycling Zone Hours: Wednesday: 9:00 am—8:00 pm Thursday: noon—8:00 pm Friday: 9:00 am—5:00 pm Saturday: 8:00 am—5:00 pm page 110