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2021-01-19 Council agenda packetCITY OF MENDOTA HEIGHTS CITY COUNCIL AGENDA January 19, 2021 – 6:00 pm Mendota Heights City Hall MN Stat. 13D.021 - Meeting by telephone or other electronic means: Conditions - MN stat. 13D.021 provides that a meeting of a public body may be conducted via telephone or other electronic means if meeting in a public location is not practical or prudent because of a health pandemic or declared emergency. At its meeting on March 17, 2020, the Mendota Heights City Council declared a local emergency due to the COVID-19 pandemic. As a part of this action, until further notice all City Council and committee meetings will be held by telephone or through other electronic means, with social distancing measures in place. All public meetings will continue to follow the requirements of the Minnesota Open Meeting Law. Note that while all or most of the members of the City Council will be participating remotely, the Council Chambers will be open to the public during this meeting, assuming that social distancing protocols are followed. Interested individuals may access the meeting by using the meeting connection information below. With both the log-in or dial-in options, the line will be muted. Observers wishing to make comments on any of the agenda items will need to contact the City Clerk no later than 12 noon on the day of the meeting, and provide their contact information and the agenda item which they want to address. Note that any applicable long-distance telephone charges may apply. Public Attendance is available via telephone: 1-312-535-8110 Meeting Access Code: 177 800 8331 # # For viewing City Council meetings, tune in to Comcast Cable Channel 18 or view online at https://www.townsquare.tv/webstreaming during the posted meeting times. Meetings can also be viewed on demand, after the original airing, at https://www.townsquare.tv/webstreaming . 1.Call to Order 2.Roll Call 3.Pledge of Allegiance 4.Adopt Agenda 5.Presentations a.Introduction of Dakota County Commissioner Laurie Halverson 6.Consent Agenda a.Approval of January 12, 2021 City Council Minutes b.Approval of 2021 Pay Equity Compliance Report c.Approval of Resolution 2021-10 Final Payment-Acceptance of Fire Station Addition/Remodel d.Approval of December 2020 Building Activity Report e.Approval of the Claims List 7. Citizen Comment Period (for items not on the agenda) *See guidelines below 8. Public Hearings - none 9. New and Unfinished Business a. Discussion of the Proposed Tax Increment Financing (TIF) District No. 3 - 2393 Pilot Knob Road (Lloyd’s BBQ) b. Discussion of Possible Change to City Code to Allow for Charitable Gambling in Mendota Heights c. Update on Commission Candidates 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 Tuesday, January 12, 2021 Pursuant to due call and notice thereof, the regular meeting of the City Council, City of Mendota Heights, Minnesota was held at 6:00 p.m. at City Hall, 1101 Victoria Curve, Mendota Heights, Minnesota. CALL TO ORDER Mayor Levine called the meeting to order at 6:00 p.m. Councilors Duggan, Paper (present in Chambers), Mazzitello, and Miller, were present virtually. OATH OF OFFICE The Oath of Office was administered to Mayor Levine and Councilors Miller and Paper. Councilor Miller thanked the community and its citizens for the opportunity to continue to serve. Councilor Paper stated that he also appreciates the opportunity that voters have given him and will continue to work to be an elected official that the community can be proud of. Mayor Levine stated she is honored for the opportunity to serve as Mayor. She stated that she is cognizant that she is part of a continued spectrum of Mayors and thanked former Mayor Garlock for his service. PLEDGE OF ALLEGIANCE Council, the audience, and staff recited the Pledge of Allegiance. AGENDA ADOPTION Mayor Levine presented the agenda for adoption. Councilor Paper moved adoption of the agenda. Councilor Duggan seconded the motion. A roll call vote was performed: Councilor Duggan aye Councilor Mazzitello aye Councilor Miller aye Councilor Paper aye Mayor Levine aye CONSENT CALENDAR Mayor Levine presented the consent calendar and explained the procedure for discussion and approval. Councilor Duggan moved approval of the consent calendar as presented, pulling items F, G, N and S. January 12, 2021 Mendota Heights City Council Page 2 of 11 a. Approval of December 14, 2021 City Council Work Session Minutes b. Approval of December 15, 2021 Council Work Session Minutes c. Approval of the December 30, 2020 City Council Special Meeting Minutes d. Acknowledge the November 24, 2020 Planning Commission Meeting Minutes e. Designation of Official Newspaper f. Designation of 2021 Acting Mayor g. Approve Resolution 2021-01 Reappointments of Advisory Commissions h. Approve City Council Appointments to Commissions and Approve Resolution 2021-05 Appointing NDC4 City Representatives i. Approve 2021 Financial Items – Resolution 2021-03 Establishing 2021 Depositories of Funds, Resolution 2021-04 Accepting Pledged Securities for 2021, and Authorize Finance Director to Execute Electronic Payments and Prepay Claims j. Approve the 2021 City Council Meeting Dates k. Approve Resolution 2021-06 Approving Application for FY 2021 Dakota County Community Development Block Grant Funding l. Approve an Amendment to the Families First Coronavirus Response Act Leave Policy m. Approve Resolution 2021-07 Approving Community Waste Abatement Application n. Approve 2021 Contractor Agreement for Building Official and Inspection Services to A to Z Home Inspection, LLC (Michael Andrejka) o. Approve Resolution 2021-08 Final Payment – Accept the Town Center/Village Retaining Wall Project p. Approve November 2020 Treasurer’s Report q. Approval of Claims List r. Approve December 8, 2020 Parks and Recreation Commission Meeting Minutes s. Approve New Par 3 Logo t. Approve Resolution 2021-09 Authorize Grant Application to the Minnesota Historical Society (MHS) for a Heritage Partnership Program Grant for Use at Oheyawahi/Pilot Knob Councilor Mazzitello seconded the motion. A roll call vote was performed: Councilor Miller aye Councilor Paper aye Councilor Mazzitello aye Mayor Levine aye Councilor Duggan aye PULLED CONSENT AGENDA ITEMS F) DESIGNATION OF 2021 ACTING MAYOR Councilor Duggan commented that this is an important position and did not believe it should be included on the Consent Agenda, therefore he requested that the item be pulled to allow discussion. Mayor Levine noted that her recommendation was included in the staff report to appoint Councilor Paper as the Acting Mayor for 2021. January 12, 2021 Mendota Heights City Council Page 3 of 11 Councilor Duggan moved to approve DESIGNATION OF 2021 ACTING MAYOR. Councilor Mazzitello seconded the motion. Further discussion: Councilor Paper wished the same good health to Mayor Levine as the previous Mayor Garlock. Mayor Levine noted that Mayor Garlock never missed a Council meeting and had perfect attendance throughout his term. A roll call vote was performed: Councilor Paper aye Mayor Levine aye Councilor Duggan aye Councilor Mazzitello aye Councilor Miller aye G) APPROVE RESOLUTION 2021-01 REAPPOINTMENTS OF ADVISORY COMMISSIONS Mayor Levine stated that she requested to pull the item in order to recognize the amount of work that is completed by the advisory commissions. She recognized the individuals that have agreed to serve an additional term. Councilor Mazzitello moved to approve RESOLUTION 2021-01 REAPPOINTMENTS OF ADVISORY COMMISSIONS. Councilor Miller seconded the motion. Further discussion: Mayor Levine thanked and recognized the members, by name, of the advisory commissions that have agreed to serve another term and extended gratitude for their continued service. A roll call vote was performed: Mayor Levine aye Councilor Duggan aye Councilor Mazzitello aye Councilor Miller aye Councilor Paper aye N) APPROVE 2021 CONTRACT FOR BUILDING OFFICIAL AND INSPECTION SERVICES TO A TO Z HOME INSPECTION, LLC (MICHAEL ADNREJKA) City Administrator Mark McNeill stated that the recommendation is to increase the pay from $72 to $75 per hour. He stated that it is the choice of the Council as to whether to take other action. Councilor Mazzitello asked if the proposed 4.1 percent increase would be consistent with the increases for other staff and consulting contracts. City Administrator Mark McNeill replied that the non-contract and contract employees received a three percent increase for 2021. January 12, 2021 Mendota Heights City Council Page 4 of 11 Councilor Paper asked if the contractor asked for this increase. City Administrator Mark McNeill stated that the contractor asked for three dollars, which is how the recommendation of $75 was made. Community Development Director Tim Benetti commented that staff indicated that the contractor should complete an annual renewal which would allow for a cost of living increase consistent with City staff. The recommendation of $75 was made to provide an even number for accounting purposes. Councilor Duggan stated that considering the challenges faced by staff, in this case inspecting homes in person, he felt that an additional three dollars would be warranted although recognized that is above the typical increase for City staff for 2021. Councilor Mazzitello moved to approve 2021 CONTRACT FOR BUILDING OFFICIAL AND INSPECTION SERVICES TO A TO Z HOME INSPECTION, LLC AS PRESENTED. Councilor Paper seconded the motion. A roll call vote was performed: Councilor Duggan aye Councilor Mazzitello aye Councilor Miller aye Councilor Paper aye Mayor Levine aye S) APPROVE NEW PAR 3 LOGO Councilor Duggan commented that he did not believe the Council had much discussion regarding the options for a new Par 3 logo. He did not notice which of the logos in the packet was the preferred option. Recreation Program Coordinator Meredith Lawrence noted that the Parks and Recreation Commission provided a recommendation, which is included in the packet. Councilor Miller moved to approve the NEW PAR 3 LOGO as presented. Councilor Mazzitello seconded the motion. Further discussion: Councilor Duggan asked which option the Council is being asked to support. Ms. Lawrence replied that two options are recommended as it was felt that each option would be better suited for certain materials. Councilor Paper asked if the PRC favored one option over the other. Ms. Lawrence noted that the Commission vote was split. She stated that both options were brought forward in hopes that both could be utilized. She explained that one logo would be used for items that need smaller print as that would be clearer on those items and the other logo would be used for items with more space. Councilor Duggan commented that he would prefer the top option as that would be crisp and clear and preferred having only one logo. January 12, 2021 Mendota Heights City Council Page 5 of 11 Councilor Mazzitello commented that he would support the recommendation from the staff as there are multiple marketing materials and would support the use of both logos. He noted that the logos are the same, one just includes additional text and would be used where there is space to support that text. A roll call vote was performed: Councilor Duggan aye Councilor Mazzitello aye Councilor Miller aye Councilor Paper aye Mayor Levine aye PUBLIC COMMENTS No one from the public wished to be heard. PUBLIC HEARING A) RESOLUTION 2021-02 APPROVING A CRITICAL AREA PERMIT TO DAKOTA COUNTY FOR THE BIG RIVER REGIONAL TRAILS PARK, LOCATED AT 1498 MENDOTA HEIGHTS ROAD Community Development Director Tim Benetti explained that the Council was being asked to adopt a resolution approving a Critical Area Permit (CAP) to construct a variety of trail and recreation improvements to Big Rivers Regional Trail Park. This park is situated in the Critical Area Overlay District, and is located at 1498 Mendota Heights Road. Councilor Miller moved to open the public hearing. Councilor Duggan seconded the motion. A roll call vote was performed: Councilor Miller aye Councilor Paper aye Mayor Levine aye Councilor Duggan aye Councilor Mazzitello aye There being no one coming forward to speak, Councilor Mazzitello moved to close the public hearing. Councilor Duggan seconded the motion. A roll call vote was performed: Councilor Paper aye Mayor Levine aye Councilor Duggan aye Councilor Mazzitello aye Councilor Miller aye January 12, 2021 Mendota Heights City Council Page 6 of 11 Councilor Duggan asked if there was consideration of the land being donated to Mendota Heights. Community Development Director Tim Benetti stated that to his knowledge the City has never been approached by the DNR or Dakota County to transfer the ownership of the land. He stated he would believe it would be best to leave the land as proposed to Dakota County. Councilor Miller commented that the County would have more funds to update and provide service to the facility compared to Mendota Heights. He stated that his preference would be for the County to own the land which still provides an opportunity for the residents to use the facility. Councilor Paper agreed and noted that he would not want to get in the way of residents being able to use this beautiful facility that will be constructed by the County. He asked for the approximate cost of the building. Josh Kinney, Dakota County, stated that he manages the design and construction of the greenway and parks projects for the County. He stated that the project budget is around $2,000,000 with construction costs estimated to be $1,261,050 and the building portion to be about $600,000 of that cost. He reviewed the dimensions proposed for the different functions of the building. Councilor Paper commented that this looks like a terrific facility and asked if the restrooms would be available year-round. Mr. Kinney confirmed that the restrooms would be available year-round. Councilor Paper commented that he is excited that this will be added to the park. Mayor Levine asked if the City’s master gardeners would be included in the planning of the plantings at the site. Mr. Kinney replied that they are not currently working with the local group but recognized that could be a partnership, along with the DNR. He stated that currently the plantings have been identified with the County’s natural resources department, noting that all the plantings are planned to be native species and pollinator friendly. He stated that there would not be formalized gardens but they would be similar to the unmanaged emerging vegetation that is found in front of the Mendota Heights City Hall. Mayor Levine stated that she has been to the site many times but was unaware of the historical artifact. She commented that the history of the wall brings her a new sense of pride in the site. She stated that she would love to celebrate this project once it is complete, noting that perhaps someone that worked on the wall in the 1930’s could be a part of that celebration. She stated that there is not a picnic area with plug-ins available in the City and asked how this area could be reserved. Mr. Kinney commented that the City and County will need to develop terms for responsibility of those type of rentals. He highlighted the high use of this site and stated that there is a large and robust interpretation overlay that will be incorporated as part of the site work. He stated that they are working with a Dakota Tribe elder to provide historical background in relation to this site. Mayor Levine commented that this is an incredible project and a great asset for the community. January 12, 2021 Mendota Heights City Council Page 7 of 11 Councilor Duggan moved to adopt RESOLUTION 2021-02 APPROVING A CRITICAL AREA PERMIT FOR BIG RIVERS REGIONAL TRAIL PARK – 1498 MENDOTA HEIGHTS ROAD. Councilor Paper seconded the motion. Further discussion: Mayor Levine asked if the concrete on top of the wall is original. Mr. Kinney replied that the concrete was replaced during the 1970s, but the profile and appearance is historically accurate. A roll call vote was performed: Councilor Paper aye Mayor Levine aye Councilor Duggan aye Councilor Mazzitello aye Councilor Miller aye NEW AND UNFINISHED BUSINESS A) DISCUSSION OF SELECTION PROCESS FOR COMMISSION APPLICANTS City Administrator Mark McNeill explained that the Council was being asked to establish a process to determine the selection of successful candidates for openings on the Planning Commission and the Parks and Recreation Commission. He noted that the city received 19 applications. Councilor Paper proposed narrowing the talent pool down to a manageable number for interviews. He appreciated everyone that wants to be involved, but noted that it would be difficult to conduct 19 interviews in a virtual format. Councilor Duggan agreed and stated he is delighted with the number of applicants and agreed it would make sense to narrow down the pool of applicants. Mayor Levine suggested that the method the previous Council used to select the newest Council member be used, with each Councilor selecting three candidates to be interviewed for each commission. Councilor Mazzitello stated that he would also support that process. He suggested that the top five candidates for Planning Commission and top four candidates for the Park and Recreation Commission be selected by each Councilor. Councilor Miller commented that he would support that proposal by Councilor Mazzitello. City Administrator Mark McNeill confirmed that each Councilor will rank their top five candidates for Planning Commission and top four candidates for Park and Recreation Commission and send that list to staff. Staff will complete the scoring to determine the top five candidates to be interviewed for the Planning Commission and the top four candidates to be interviewed for the Parks and Recreation Commission. He asked that the Councilors provide their individual ranking to him by Monday, January 18th. Mr. McNeill suggested a date be established for the interviews and that they be held virtually. He stated that the appointments to the Commissions should be made at the February 2nd Council meeting. January 12, 2021 Mendota Heights City Council Page 8 of 11 The Council confirmed their availability and confirmed that the interviews will be held on Wednesday, January 27th beginning at 5:00 p.m. B) SET DATE FOR GOAL SETTING WORK SESSION City Administrator Mark McNeill stated that the Council is being asked to establish a time and date to hold a goal setting work session. Councilor Duggan commented that he would like to receive a copy of the goals established at the past two goal setting sessions prior to this work session. Councilor Paper agreed and stated that he believes it is important to hold this goal setting session. Councilor Miller agreed that this is an integral function of the Council and looks forward to this opportunity to speak to his goals and also hear the goals of the other members of the Council. Councilor Mazzitello commented that he also supports goal setting as it gives residents direction and thoughts from the Council and also provides a mechanism to keep the Council accountable. He suggested that the Council not be held to the way it has always been done and would prefer to use the 2040 Comprehensive Plan as the basis for setting goals. Mayor Levine agreed that the 2040 Comprehensive Plan represents a lot of work done by a lot of people. Councilor Paper stated that he would like the ability to bring thoughts and ideas that are not necessarily tied to the Comprehensive Plan. Mayor Levine acknowledged that the Comprehensive Plan does not speak to all actions, such as COVID and the plan to recover from the pandemic. She asked how the meeting should be facilitated and deferred to those that have participated in the process in the past. City Administrator Mark McNeill stated that staff would propose to review the document previously created two years ago as that identified 46 goals that were never formally adopted. He stated that there were 15 items identified last year. He noted that many of the items in the list from two years ago were staff driven and acknowledged the importance of the Council having its own goals. He stated that staff will hold its own goal setting session and develop its own list. This session should focus on the goals for the Council. Mayor Levine agreed that makes sense as there is different work being done by staff compared to the Council. She asked about the process previously followed and whether that format was productive. Councilor Paper commented that he believes that the previous format with the outside facilitator was productive. Councilor Miller commented that he found the previous format with an outside facilitator to be a positive experience and would not recommend changes. January 12, 2021 Mendota Heights City Council Page 9 of 11 Councilor Duggan suggested that a more reasonable number of goals be established, limiting the list to ten or 15. He stated that he also likes the idea of basing some goals on the 2040 Comprehensive Plan but would not want to exclude ideas outside of that scope. City Administrator Mark McNeill confirmed that he will reach out to the facilitator. He suggested holding the goal setting session in February. It was the consensus of the Council to hold the goal setting session on Monday, February 8th or Tuesday, February 9th at 3:15 p.m. depending upon the availability of the facilitator. It was confirmed that the meeting would be held virtually. C) UPDATE ON COVID 19 RESPONSE IN MENDOTA HEIGHTS Police Chief Kelly McCarthy provided an update on the status of the COVID-19 virus in Mendota Heights. Mayor Levine stated that everyone is waiting to ensure that the vaccine is efficiently administered to people once available. She stated that she is pleased that the police have begun to receive the vaccine. She asked if there has been opposition to the vaccine. Police Chief Kelly McCarthy replied that in a state-wide meeting she participated in related to sworn police, about 50 percent of that population was willing to take the vaccine. She stated that the department cannot mandate the vaccine but noted that about 95 percent of the Mendota Heights department has accepted the vaccine. She commented that Dakota County is doing an amazing job in distributing and administering the vaccine and taking on that lead role. Mayor Levine thanked Police Chief Kelly McCarthy for taking the time to provide this presentation. COMMUNITY ANNOUNCEMENTS City Administrator Mark McNeill announced that the Governor’s restrictions loosened the previous day and staff will continue to watch those updates as it will impact the City’s actions. He reported that City offices will be closed on January 18th in observance of the Martin Luther King Jr. holiday. COUNCIL COMMENTS Councilor Paper commented that he looks forward to working with Mayor Levine and the other members of the Council. He again thanked the residents that continued to support him in the election. Councilor Duggan congratulated Mayor Levine on her election recognizing the fresh ideas that she brings with her. He suggested the Council consider a resolution that condemns the affairs of the previous week at the U.S. Capitol. He stated that he is grateful to America and the opportunities that it has brought to him. He recognized those that have retired and stated that he looks forward to the next four years. He requested, if acceptable, that the resolution he proposed to be brought forward at the next meeting. January 12, 2021 Mendota Heights City Council Page 10 of 11 Councilor Miller welcomed Mayor Levine noting that he looks forward to the next two years. He commended public works for their work in clearing snow from the trails for resident use. Councilor Mazzitello also welcomed Mayor Levine. He asked the Community Development Director to provide an update on the Comprehensive Plan. Community Development Director Tim Benetti stated that at the workshop on December 30th the Council provided input on changes to the Comp Plan. He stated that grammatical changes were requested to be submitted to staff by January 6th noting that one Councilor submitted a number of changes. He commented that staff has been working to update the document with those changes and the updated document was provided from the consultant. He stated that the consultant noted that some of the suggestions made by the Councilor would change the spirit/intent of policy statements and the consultant is preparing a memorandum that will be distributed to the Council. Mayor Levine commented that it is an honor to be Mayor and to work with the other members of the Council and staff. She stated that she is appreciative of everyone’s hard work. She commented that she was ice skating the previous day and had a great time. She also expressed appreciation to public works and parks and recreation staff for the ability to use the parks amenities during the winter months. She encouraged residents to use masks when using the parks facilities. City Administrator Mark McNeill asked if there is support from the Council to prepare the resolution as described by Councilor Duggan in his comments. Councilor Mazzitello commented that while he supports the sentiment, he would not support such a resolution as the first responsibility of the Council is to deal with the business of the City. He stated that such a proposal would dabble in national and state politics and does not believe that to be a good direction for the Council. He stated that Mendota Heights has a longstanding position of not commenting on state or national politics. Councilor Miller commented that he supports the idea but using his historical knowledge the nation has a history of such events, using the example of the events that took place during the reconstruction period following the Civil War. He stated that while he agrees and endorses with that statement by Councilor Duggan, he also agrees that the business of the Council is of the City first and foremost. He stated that he would defer to the opinion of legal counsel. City Attorney Knetsch commented that he does not see it as a legal issue but instead a policy issue for the Council to decide. Councilor Paper commented that he is sickened by what he saw the previous week and agrees with the statement of Councilor Duggan but does not feel like the support of the Council in such a resolution would impact the community and he would rather continue to move forward. Mayor Levine commented that she likes to complete actions that have tangible impact and was unsure that a statement by a Council such as this would be impactful to the national picture. She believed that the Council should focus on actions that make an impact on the community it serves and did not see the value in the Council adopting such a statement. She confirmed that the majority of the Council does not wish to pursue such action. January 12, 2021 Mendota Heights City Council Page 11 of 11 ADJOURN Councilor Mazzitello moved to adjourn. Councilor Paper seconded the motion. A roll call vote was performed: Mayor Levine aye Councilor Duggan aye Councilor Miller aye Councilor Paper aye Councilor Mazzitello aye Mayor Levine adjourned the meeting at 7:43 p.m. ____________________________________ Stephanie Levine Mayor ATTEST: _______________________________ Lorri Smith City Clerk DATE: January 19, 2020 TO: Mayor, City Council, and City Administrator FROM: Cheryl Jacobson, Assistant City Administrator SUBJECT: 2021 Pay Equity Implementation Report—Approval and Submission INTRODUCTION The Local Government Pay Equity Act requires local government jurisdictions to submit a pay equity report to the Minnesota Department of Management and Budget (MMB) every three years. The City’s next report is due January 31, 2021, for wages as of December 31, 2020. BACKGROUND In 1984, the Minnesota Legislature enacted the Local Government Pay Equity Act, requiring the state’s political subdivisions to establish “equitable compensation relationships” between male and female dominated job classifications of similar value. Pay equity, sometimes referred to as comparable worth, is a method of eliminating discrimination against women who are paid less than men for jobs requiring comparable levels of expertise. Achieving pay equity usually means that all jobs have been evaluated and given points according to the level of knowledge and responsibility required of the job and that salary adjustments will be made if it is discovered that a female dominated job is consistently paid less than male dominated jobs with similar points. The Pay Equity Compliance Report is comprised of three tests—Statistical Analysis Test, Salary Range Test and Exceptional Service Pay Test. The City is found to be in compliance with pay equity based on the following results: • Statistical Analysis Test: The minimum requirement to pass the statistical analysis test is an underpayment ratio of 80%. The City’s underpayment ratio is 84.26%. • Salary Range Test: The result must either be 0% or 80% or more to pass this test. The result for the City’s salary range test is 80%. • Exceptional Service Pay Test: To pass this test the result must either be 0% or 80% or more to pass this test. The City’s results were 0. As indicated above, staff expects the Minnesota Department of Management and Budget to find the same, and to notify us of our compliance later this year. The pay equity rules require the governing body of each jurisdiction to review and approve the submission of the Pay Equity Implementation Report. Attachments: 2021 Pay Equity Implementation Report--Draft 2021 Pay Equity Compliance Report BUDGET IMPACT N/A RECOMMENDATION Staff recommends the approval of the Pay Equity Compliance Report and authorization for staff to submit the Pay Equity Implementation Report the State of Minnesota by January 31, 2021. ACTION REQUESTED If the City Council concurs, it should, by motion, approve the Pay Equity Compliance Report and authorize staff to submit the Pay Equity Implementation Report to the State of Minnesota by January 31, 2021. Compliance Report Jurisdiction: Mendota Heights Report Year: 2021 1101 Victoria Curve Case: 1 - 2020 DATA (Private (Jur Only)) Mendota Heights, MN 55118 Contact: Mark McNeill Phone: (651) 255-1153 E-Mail: markm@mendota- heights.com The statistical analysis, salary range and exceptional service pay test results are shown below. Part I is general information from your pay equity report data. Parts II, III and IV give you the test results. For more detail on each test, refer to the Guide to Pay Equity Compliance and Computer Reports. I. GENERAL JOB CLASS INFORMATION Male Classes Female Classes Balanced Classes All Job Classes # Job Classes 12 13 0 25 # Employees 35 17 0 52 Avg. Max Monthly Pay per employee 7149.03 6209.98 6842.03 II. STATISTICAL ANALYSIS TEST A. Underpayment Ratio = 84.2593 * Male Classes Female Classes a. # At or above Predicted Pay 5 4 b. # Below Predicted Pay 7 9 c. TOTAL 12 13 d. % Below Predicted Pay (b divided by c = d) 58.33 69.23 *(Result is % of male classes below predicted pay divided by % of female classes below predicted pay.) B. T-test Results Degrees of Freedom (DF) = 50 Value of T = 5.831 a. Avg. diff. in pay from predicted pay for male jobs = 5 b. Avg. diff. in pay from predicted pay for female jobs = -294 III. SALARY RANGE TEST = 80.00 (Result is A divided by B) A. Avg. # of years to max salary for male jobs = 4.80 B. Avg. # of years to max salary for female jobs = 6.00 IV. EXCEPTIONAL SERVICE PAY TEST = 0.00 (Result is B divided by A) A. % of male classes receiving ESP = 8.33 * B. % of female classes receiving ESP = 0.00 *(If 20% or less, test result will be 0.00) Page 1 of 1 1/14/2021 8:14:03 AM Pay Equity Implementation Report Part A: Jurisdiction Identification Jurisdiction: Mendota Heights Jurisdiction Type: City 1101 Victoria Curve Mendota Heights, MN 55118 Contact: Mark McNeill Phone: (651) 255-1153 E-Mail: markm@mendota- heights.com Contact: Cheryl Jacobson Phone: (651) 255-1356 E-Mail: cherylj@mendota- heights.com Part B: Official Verification 1.The job evaluation system used measured skill, effort responsibility and working conditions and the same system was used for all classes of employees. The system used was: Consultant Description: Systematic Analysis Factor Evaluation (SAFE) 2.Health Insurance benefits for male and female classes of comparable value have been evaluated and: There is no difference and female classes are not at a disadvantage. 3.An official notice has been posted at: City of Mendota Heights Bulletin Board for Employee Notices (prominent location) informing employees that the Pay Equity Implementation Report has been filed and is available to employees upon request. A copy of the notice has been sent to each exclusive representative, if any, and also to the public library. The report was approved by: Mendota Heights City Council (governing body) Stephanie Levine (chief elected official) Mayor, City of Mendota Heights (title) Part C: Total Payroll $4534812.54 is the annual payroll for the calendar year just ended December 31. [ ]Checking this box indicates the following: - signature of chief elected official - approval by governing body - all information is complete and accurate, and - all employees over which the jurisdiction has final budgetary authority are included Date Submitted: Page 1 of 1 1/14/2021 8:15:44 AM Request for City Council Action MEETING DATE: January 19, 2021 TO: Mayor, City Council, and City Administrator FROM: Dave Dreelan, Fire Chief SUBJECT: Final Payment and Acceptance of Fire Station Addition/Remodel COMMENT: Introduction The Council is asked to approve Resolution 2021-10, to accept work and approve seven final payments for the fire station addition/remodel. Background The City Council awarded 20 contracts on March 5, 2019, for the remodel/addition of the fire station. The City Council approved the final payment for four of the contracts on December 15, 2020. The contract work for seven of the components for the project have now been completed, inspected, and approved. These seven contracts are ready for final payments. This will start the one-year guarantee period. All required paperwork needed for the final payments have been submitted. Discussion The seven contracts ready for final payment are: Name Pay Request Original Contract Amount Contract Meisenger Construction Co., Inc. $29,935.70 $492,500.00 CP-02 Multiscope Twin City Garage Door Company $4,958.60 99,172.00 CP-09 Overhead Doors Superior Tile & Terrazzo $1,875.00 $37,500.00 CP-11 Tile Twin City Acoustic $1,800.11 $35,475.00 CP-13 Acoustic Ceilings General Sprinkler $4,473.50 $60,970.00 CP-15 Fire Suppression Ebert $3,995.00 $82,400.00 CP-20 Site Concrete Plant Pros LLC $3,402.00 $69,378.00 CP-21 Landscape Total Final Payments $50,439.91 Budget Impact There are sufficient funds to cover these seven final payments. Recommendation Staff recommends that the Mendota Heights City Council accept the work and approve the final payments descried herein. Note that this action would mean 11 of the original 20 contracts have been completed. This is not a finalization of the entire contract. Action Required If Council concurs with the staff recommendation, they should pass a motion adopting Resolution No. 2021-10 “RESOLUTION ACCEPTING WORK AND APPROVING FINAL PAYMENT FOR SEVEN MENDOTA HEIGHTS FIRE STATION REMODEL AND EXPANSION FINAL PAYMENTS”, by simple majority vote. CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION 2021 - 10 RESOLUTION ACCEPTING WORK AND APPROVING FINAL PAYMENT FOR SEVEN MENDOTA HEIGHTS FIRE STATION REMODEL AND EXPANSION FINAL PAYMENTS WHEREAS, pursuant to written contracts signed on March 5, 2019, with the City of Mendota Heights and, Meisenger Construction Co., Inc., Twin City Garage Door Company, Superior Tile & Terrazzo, Twin City Acoustic, General Sprinkler, Ebert, and Plant Pros LLC, they have satisfactorily completed the seven component improvements for the fire station expansion/remodel in accordance with such contract. NOW THEREFORE IT IS HEREBY RESOLVED by the City Council of the city of Mendota Heights that the work completed under said contracts are hereby accepted and approved. BE IT FURTHER RESOVED that the Mayor and City clerk are hereby directed to issue proper orders for the seven final payments on such contracts in the amount of: Name Pay Request 1. Meisenger Construction Co., Inc. $29,935.70 2. Twin City Garage Door Company $4,958.60 3. Superior Tile & Terrazzo $1,875.00 4. Twin City Acoustic $1,800.11 5. General Sprinkler $4,473.50 6. Ebert $3,995.00 7. Plant Pros LLC $3,402.00 Total Final Payments $50,439.91 taking the seven contractor’s receipts in full. Adopted by the City Council of the City of Mendota Heights this 19th day of January, 2021. CITY COUNCIL CITY OF MENDOTA HEIGHTS __________________________________ Stephanie Levine, Mayor ATTEST: ___________________________ Lorri Smith, City Clerk 1/10/2021 Mendota Heights Building Activity Report Mike Andrejka, Building Official December 1, 2020 thru December 31, 2020 January 1, 2020 thru December 31, 2020 January 1, 2019 thru December 31, 2019 January 1, 2018 thru December 31, 2018 Building Permit No.Valuation Fee Collected Building Permit No.Valuation Fee Collected Building Permit No.Valuation Fee Collected Building Permit No.Valuation Fee Collected SFD 1 947,220.00$ $9,401.64 SFD 8 4,737,935.00$ $51,479.77 SFD 10 7,332,528.00$ $74,744.20 SFD 7 3,717,052.00$ 41,628.28$ Apartment 0 -$ $0.00 Apartment 1 14,000,000.00$ $95,628.64 Apartment 1 9,135,000.00$ $63,519.64 Apartment 1 9,466,820.00$ 65,710.84$ Townhouse 0 -$ $0.00 Townhouse 0 -$ $0.00 Townhouse 0 -$ $0.00 Townhouse 20 4,938,993.89$ 54,408.16$ Condo 0 -$ $0.00 Condo 0 -$ $0.00 Condo 0 -$ $0.00 Condo 0 -$ -$ Misc 42 715,636.50$ 8,695.76$ Misc 750 10,765,176.54$ 141,286.49$ Misc 670 9,962,252.92$ 162,877.24$ Misc 588 8,898,839.57$ 119,702.14$ Commercial 2 104,920.00$ $1,330.50 Commercial 17 1,633,796.00$ $16,245.69 Commercial 25 11,946,972.00$ $52,276.28 Commercial 16 8,791,959.00$ 63,172.89$ Sub Total 45 1,767,776.50$ 19,427.90$ Sub Total 776 31,136,907.54$ 304,640.59$ Sub Total 706 38,376,752.92$ 353,417.36$ Sub Total 632 35,813,664.46$ 344,622.31$ 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 15 $1,304.34 Plumbing 185 $19,196.22 Plumbing 224 $31,895.35 Plumbing 220 33,166.94$ Water 0 $0.00 Water 0 $0.00 Water 0 $0.00 Water 0 -$ Sewer 0 $0.00 Sewer 18 $1,350.00 Sewer 17 $1,275.00 Sewer 40 3,000.00$ Mechanical 37 $3,223.78 Mechanical 354 397.00$ $36,609.30 Mechanical 321 $41,207.05 Mechanical 472 61,892.81$ Sub Total 52 4,528.12$ Sub Total 557 57,155.52$ Sub Total 562 $74,377.40 Sub Total 732 98,059.75$ License No.Valuation Fee Collected Licenses No.Valuation Fee Collected Licenses No.Valuation Fee Collected Licenses No.Valuation Fee Collected Contractor 0 $0.00 Contractor 0 $0.00 Contractor 304 $15,200.00 Contractor 321 16,050.00$ Total 97 1,767,776.50$ 23,956.02$ Total 1333 31,136,907.54$ 361,796.11$ Total 1572 38,376,752.92$ 442,994.76$ Total 1685 35,813,664.46$ 458,732.06$ NOTE: All fee amounts exclude SAC, WAC and State Surcharge. Amounts shown will reflect only permit, plan review fee and valuation totals MEMORANDUM TO: Tim Benetti – Community Development Director FROM: Stacie Kvilvang - Ehlers DATE: January 19, 2021 SUBJECT: Endeavor Development TIF Request – 2393 Pilot Knob Road (Lloyd’s BBQ) The City of Mendota Heights received a request for tax increment financing (TIF) assistance from Endeavor Development (the “Developer”) to facilitate the development of a 75,000 square foot industrial facility in the City. The proposed project, located at the above referenced address, is being built on a site which requires the construction of a new road/road extension to allow access to the site (Perron Road East). The Developer requested $500,000 in tax increment assistance to off-set the costs of construction of Perron Road. The project meets the requirements necessary for the City to establish a 9-year Economic Development TIF district. Based on our estimates, the project is expected to generate a total of approximately $348,000 in tax increment over the 9-year life of the district. Therefore, the maximum amount of any TIF assistance should be limited to the amount projected. The purpose of this memorandum is to review the need for TIF assistance based on our analysis of the developer’s project budget and projections, generally known as a pro forma. This analysis is commonly referred to as the “but for” test, meaning the project would not occur on this site “but for” the public assistance being provided. Pro Forma Analysis Generally, this project meets the expectations of an industrial project with regards to project costs, financing, and projected revenues. The proposed sources and uses of funds for the project are included below, followed by our findings relating to the analysis of the project: SOURCES Amount Pct. Developer Financing - First Mortgage 5,671,423 71.08% Developer Equity 2,307,436 28.92% TOTAL SOURCES 7,978,859 100.00% USES Amount % of Cost Per Bldg. Sq/Ft Acquisition d sq 1,028,742 12.89% 13.72 Construciton Costs 5,599,873 70.18% 74.66 Perron Road 450,000 5.64%6.00 Professional Services 440,459 5.52%5.87 Financing Costs 102,946 1.29%1.37 Developer Fee 153,868 1.93%2.05 Lease Up Interes and Expenses 202,971 2.54%2.71 TOTAL USES 7,978,859 106.38 • The developer is proposing permanent financing (including the TIF portion) for 70% of the project costs and will bring 30% in equity, or approximately $2.3 million. This financing structure is in line with typical industrial projects. • The total development costs for this project are approximately $7.98 million, or $106 per square foot. Based on our experience with similar projects, this is slightly higher than is typical, and being driven by the additional $450,000 in costs related to Perron Road. If we remove those expenses, total development costs would be approximately $100 per square foot. • For a project of this nature, we would expect to see a developer fee between 3% and 5% of total development costs. The developer’s proposed fee is under 2%. • The proposed rents are assumed at a blended rate for warehouse and office of $6.65 per square foot ($11.75 for office and $5.75 for warehouse). The proposed mix is 15% office and 85% warehouse which is typical for this type of development. • The developer’s projected cash-on-cost return on investment upon standard occupancy of 95% is 5.67% without assistance and 6.38% with the recommended assistance. Industrial developers are typically seeking a cash-on-cost return of between 7% and 8%. Even with the requested assistance over the term recommended below, this project still falls slightly below the typical industry threshold for desired return on investment (only 6.8% in year nine after TIF is no longer available). Recommendations Based on our review of the developer’s pro forma and current market conditions, the proposed development may not reasonably be expected to occur solely through private investment within the reasonably near future. Due to the costs associated with Perron Road, this project is feasible only through assistance, in part, from City contributions. TIF assistance could be provided on a “pay-as-you-go” basis in an amount of $315,000 over an eight (8) year term. With “pay-as-you-go” TIF assistance, the City does not provide any funding up-front. Instead, the City enters into an agreement to provide tax increment payments that are generated solely from the project’s actual increased property taxes for eight (8) years. The applicant uses those future tax increment payments to obtain additional debt and/or support returns on investment. If the tax increment is insufficient to pay the $315,000 TIF note in eight years, the City does not make up the shortfall. While the amount of TIF available is less than the request, the developer is accepting of this proposal and willing to move forward based upon the recommended TIF assistance. Please contact me at 651-697-8506 with any questions. (8(8(8 (8(8 (8(8 (8(8$1 $1 $1 $1 $1 $1$1 $1 $1 $1 $1 $1 $1 $1 $1 6666666666666666666666666666666666666666666666 66666666666666666666666666666666! ! !! ! ! ! ! " " !" " !! ! "" "" " " !" "" * ³! ³ ³ ! * ³ ! ³ * "³"" ! !! !* * ! ! * ! ! ! "" "" """"* """! """ !"" " ³ ³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anuary 19, 2021 TO: Mayor and City Council FROM: Mark McNeill, City Administrator SUBJECT: Discussion of Interest in Charitable Gambling Comment: Introduction: The Council is asked to discuss the possibility of modifying the City Code to allow for charitable gambling. Background: Charitable gambling—usually in the form of pull-tabs or bingo—is a popular way for qualifying not-for- profit organizations to raise money. The beneficiaries are often service clubs or athletic associations. It also can benefit the licensed on-sale alcoholic beverage holders which are the location of such activity to benefit from increased customer traffic, when they are able to operate with on-site sales. Cities in Minnesota have the ability to decide whether or not to allow for charitable gambling in the community. Mendota Heights has not allowed for this, but the City has been approached by prospective non-profits in the past asking that consideration be made to now allow for charitable gambling. At a City Council’s work session held last October, the concept of permitting charitable gambling in Mendota Heights was discussed. That Council directed that existing on-sale alcohol license holders be contacted to determine the level of interest for this. An email inquiry was sent on October 16th to the City’s current on-sale alcohol license holders. A later follow-up sent to those from whom no response was received the first time. The businesses to whom the inquiries were sent were: Tommy Chicago’s King and I Thai Courtyard by Marriot New restaurant @ the Linden Somerset Country Club Haiku Mendakota Country Club Mendoberri Teresa’s Positive responses—meaning they would be interested--were received from four businesses. Two business indicated that they would not be interested. The other three did not respond. A discussion of the results of the survey has been deferred until now, after the new Council has been seated. Attached is possible code language from the previous time that this was researched in depth, in September, 2019. As shown, it would limit the sites of charitable gambling to on-sale licensed liquor holders. At least 50% of the proceeds would have to be spent in Mendota Heights, or in the Mendota Heights “trade area”, meaning Mendota Heights, Mendota, Lilydale, Sunfish Lake, Eagan, and West St. Paul. The Council is asked to discuss, so that it a determination can be made as to whether there is enough interest to put this topic on a future Council agenda. No decision can be made at this meeting, as a legal posting (notification) must be made any time a modification is contemplated to the City Code. Action Required: If there is sufficient interest, the City Council should direct staff to post notice of the discussion of a possible change to the City Code, regarding whether lawful charitable gambling in Mendota Heights could be discussed at a future regular City Council meeting. Mark McNeill City Administrator CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA ORDINANCE NO. ___ AN ORDINANCE ADDING TITLE 4 CHAPTER 8 RELATED TO GAMBLING The City Council of Mendota Heights does hereby ordain: Section 1. Mendota Heights City Code Title 4 Chapter 8 is hereby added to read as follows: 4-8. Gambling. 4-8-1. Purpose. The purpose of this chapter is to ensure that charitable gambling in the city is conducted by organizations licensed or exempt from licensing under Minnesota Statutes and that the proceeds from such gambling are used primarily for the betterment of the residents and businesses of the community. These restrictions shall be no less restrictive than Minnesota Statutes or regulations and shall apply to all forms of lawful gambling. 4-8-2. Applicability. This chapter shall regulate all forms of lawful gambling within the city except bingo conducted within a nursing home or a senior citizen housing project or by a senior citizen organization and the following are followed: A. The prizes for a single bingo game do not exceed $10.00; B. Total prizes awarded at a single bingo occasion do not exceed $200.00; C. No more than two bingo occasions are held by the organization or at the facility each week; D. Only members of the organization or residents of the nursing home or housing project are allowed to play in a bingo game; E. No compensation is paid for any persons who conduct the bingo; and F. A manager is appointed to supervise the bingo. 4-8-3. Approval required. Unless excepted from regulation by this chapter and not including exempt or excluded lawful gambling as defined by state law, it is unlawful for any organization to conduct lawful gambling in the city without approval from the city council in the form of a premises permit and without a permit issued by the city clerk or designee. 4-8-4. Applications. A. Applications to conduct lawful gambling shall be considered and approved by the council at regular meetings. B. Only applications submitted by eligible organizations will be considered for approval. C. An application organization shall provide adequate proof that it has at least 15 active members and that at least 15 of its members are either employed or live within the city or that it is a nationally known organization as determined by the city. D. An applicant for a premises permit shall be subject to a criminal background investigation which shall include investigation of the organization and the gambling manager. E. No application for a premises permit will be considered or approved by the city council until the investigation fee is paid in full. The investigation fee under this chapter shall be in an amount set forth by city council resolution. 4-8-5. Regulations and restrictions. A. In addition to regulations imposed by the state, all information and reports required to be submitted to the state shall also be submitted to the city, both with the application and on an annual basis. Failure to comply with this reporting requirement shall result in suspension of the premises permit. The city council may revoke the premises permit where the organization has failed to meet the reporting requirements on more than one occasion. B. Lawful gambling may be conducted only in on-sale liquor licensed establishments in the city, which are either owned or leased by the eligible organization. C. Eligible organizations may, however, be granted off-site gambling approval for lawful gambling in a premises other than on-sale liquor licensed establishments for no more than four consecutive days. 4-8-6. Distribution of proceeds. Every organization conducting lawful gambling within the city of Mendota Heights shall expend 50 percent of its expenditures derived from lawful gambling on lawful purposes conducted or located within the city of Mendota Heights or the city of Mendota Heights' trade area. The City of Mendota Heights' trade area is defined as the cities of Sunfish Lake, Eagan, Mendota, Lilydale, and West St. Paul. Every organization must submit a report to the city each January listing all lawful purpose expenditures from January 1 to December 31 of the preceding year. The report shall identify the name of the entity to whom the check was written, the city location of the recipient, and the amount of the donation. 4-8-7. Penalties. Violation of any provision of this Chapter shall be fined in accordance with section 1-4-1 of the city code. Additionally, a violation of this chapter shall be reported to the State Gambling Control Board and a recommendation shall be made for suspension, revocation or cancellation of an organization’s license. Section 2. This Ordinance shall be effective immediately upon its passage and publication. Adopted and ordained into an Ordinance this ___ day of ________, 2021. CITY COUNCIL CITY OF MENDOTA HEIGHTS Stephanie Levine, Mayor ATTEST ___________________________ Lorri Smith, City Clerk DATE: January 19, 2021 TO: Mayor and City Council FROM: Mark McNeill, City Administrator SUBJECT: Update on Boards and Commission Candidates Comment: At the January 19th meeting, the City Administrator will provide an update on the results of the Councilors’ ranked preferences for candidates for the Parks and Recreation, and the Planning Commission. These will be the individuals who will be invited to be interviewed on January 27th.